Digitized by the Internet Archive in 2015 https://archive.org/details/memoriallsoftrub01spal PRESENTED T o THE SPALDING CLUB B Y LOUD SALTOUN, MEMOEIALLS OF THE TRUBLES IN SCOTLAND AND TN ENGLAND. MEMORIALLS OF THE TRUBLES IN SCOTLAND AND IN ENGLAND. A. D. 1 624— A. D. 1 6 4 5. By JOHN SPALDING. IN TWO VOLUMES. Vol. I. riviNTEh ABERDEEN : FOR THE SPALDING M D C C C L. CLUB. P/3.3 !/■/ PRINTED BY WILLIAM BENNETT, C A S T L E S T R E E T, A HERD E E N. oncTON COLLEGE LIBRARY Chestnut hii l. mass. m t (f ljr Ipitliihtg Club, SEPTEMBEK, M.DCCC.L. HIS R 0 V A L II I G H NESS PRINCE A L B E R T. T I F E E A R L OF ABERDEE N, K.T. lurr-^rrsiiintts. THE DUKE OF RICHMOND, K.G. THE DUKE OF SUTHERLAND, K.G. THE EARL OF KINTORE. THE EARL OF SE AFIELD. LORD SALTOUN. •tyt Cnnnril. The Lord Provost of Aberdeen. Sir Robert Abercromby, Bart. John Angus, Advocate, City Clerk, Aberdeen. John Hill Burton, Advocate, Edinburgh. Sir James Carnegie, Bart. Charles Chalmers of Monkshill. P. Chalmers of Auldbar. Sir W. G. G. Ccmming of Altyre, Bart. Sir James D. Elphinstone, Bart. Archibald Davidson, Sheriff of Aberdeenshire. John Dunn, Advocate, Aberdeen. The Earl of Ellesmere. Captain Fordyce, M.P. The Lord Forbes. James Giles, R.S.A., Aberdeen. John Gordon of Cairnbulg, Advocate. George Grub, Advocate, Aberdeen. Cosmo Innes, Advocate, Edinburgh. A. F. Irvine, Yor. of Drum. The Right Rev. James Kyle, D.D., Preshome. Lord Lindsay. James Loch, M.P. Hugh Lumsden of Pitcaple, Sheriff of Sutiierlandshire. Henry Lumsden of Auchindoir. Lord Medwyn. The Rev. James Melvin, LL.D., Aberdeen. The Rev. William Pirik, D.D., Professor of Divinity, Marischal College. William Pyfer, LL.D., Professor of Humanity, St. Andrew's. Sir James Ramsay of Bamff, Bart. Joseph Robertson, Edinburgh. The Right Rev. Wm. Skinner, D.D., Aberdeen. Alexander Thomson of Banchory. inn\m\. John Stuart, Advocate, Aberdeen, ohn Blaikie and John Ligertwood, Advocates, Aberdeen. TABLK OK CONTENTS PAGE The Editor's Preface, i\ Memorialls, A.D. 1624— A.D. 1640, 1 Appendix, 379 §1 T is somewhat singular that the chronicler, who, in these " Memorialls," has preserved so much curious information regarding the manners and mLcj fortunes of his contemporaries, has given us such humble lot scanty references to the events of his own And it unfortunately has occurred, that any infor- mation on the subject, which might have been expected elsewhere, has long ago been lost, through an accidental destruction of records, to which research would naturally have been directed. John Spalding, with whose name the work now printed has long been associated, is generally supposed to have been clerk of the Consistorial Court of the Diocese of Aberdeen. At the time Avhen he lived, the business of the commissariot was transacted in cham- bers within the Cathedral at Old Aberdeen ; but when the civil juris- diction, which had formerly been vested in the bishops, had passed into other hands, the duties of the commissary were no longer per- X THE EDITOR'S PREFACE. formed in the Cathedral, and his office was ultimately settled in a house in the Castle Street of the Burgh of Aherdeen. Here, on the 30th of October, 1721, the records of the commissariot were destroyed by an accidental fire, and with them the means of ascer- taining any particulars as to the period of Spalding's official ser- vices as clerk of the establishment. We are almost equally ignorant of all other circumstances relating to Spalding's life, nor do the works of those who wrote on the subject upwards of a century ago, supply much beyond mere conjecture. 1 ' Of the work in question three editions have already been printed. The earliest notice of it occurs in an introduction by James Man to his projected "Memoirs of Scottish affairs from 1624 to 1651," which appeared in 1741. Man was Master of the Poor's Hospital at Aberdeen, and will be remembered as the editor of Buchanan's history, and the literary antagonist of Ruddiman. b He had made an extensive collection of manuscript authorities for his work, and among others, he proposed to make use of that of a Of Spalding, the historian of the Gordons thus speaks in 1727, " lie was a lawyer, an Advocate in Aberdeen." Gordon's History of the Gordons, vol. ii., p. 152. In 1741, James Man conjectures of Spalding, " I suppose him to have been a son of Alexander Spalding and Christian Harvey, who were married in 1(108, and resided in Old Aberdeen, where 'tis certain our author lived, who has been a lawyer by profession." Gordon's Scots Affairs, Appendix to the Preface, p. xxxii. In'the title of a copy of Spalding's Manuscript belonging to Dr. William Henderson of Aberdeen, which appears to have been transcribed in the early part of last century, the author is described as Commissary Clerk of Aberdeen. In Gough's Topography there is a notice of a manuscript copy of Spalding's work in the Library of King s College, and here the author is styled " Commissary Clerk of Aberdeen," as he is in the printed editions of his work in 1792 and 1829. From the following note, which occurs in a volume of Memoranda of the late Professor Thomas Gordon of King's College, it would appear that Spalding survived the Restoration : " Nota. 31st January, 1663, David Bishop of Aberdeen receives from Robert Forbes of Glastermuir £25 7s. 4d., as feu- duty of said lands, Mart, and Whit. 1661, and Mart, and Whit. 1662 ; Spalding is the writer thereof." (MS. in the Library of King'3 College). The Deed here referred to has not, as yet, been traced. In the oldest manuscript there is no reference to the name of the author. b Notices of Man will be found in "The Life of Thomas Ruddi man, A.M.. by George Chalmers. p. 24S. Lond., 1794. THE EDITOR'S PREFACE. Spalding. It does not appear, however, that any part of the " Memoirs " beyond the first number ever appeared. Proposals were made in 1765' 1 for printing Spalding's history by subscription, but it was not till 1792 that an edition of it was published. The circumstances attending the production of that edition have been stated to be as follows, and will readily account for its worthless- ness : — " A manuscript copy, belonging to Sir James Reid of Barra, in Aberdeenshire, was, at his death, purchased for £5 by a bookseller of Aberdeen, with a view to publication. This design was accordingly commenced ; but, without taking the trouble of comparing tin manuscript with any of the other existing copies, and without submitting it to any exami- nation whatever, it was placed sheet by sheet in the printer's hands ; and, so far as the workmen were able to decypher the manuscript, forthwith printed, with no alteration except in the orthography. Neither did any correction of the press take place but what the printer himself chose to exercise. The manuscript was never returned from the work- shop, but suffered to be destroyed piecemeal as waste paper. These facts seem abundantly sufficient to account for many of the errors and defects which characterise that publication. But the manuscript itself must have been defective, as a great proportion of the narrative not immediately connected with Aberdeenshire is omitted. It seems to have been merely a garbled copy of the Forbes Manuscript, as the same blanks which appear in that manu- script occur in the printed copy. The termination also is the same ; which seems to evince that the transcriber was ignorant of the additional matter contained in the Troup Manu- script." b In 1829 a reprint of this edition appeared at Aberdeen in one volume octavo. During the same year there was printed for the members of the Bannatyne Club an edition of Spalding's work, in two volumes quarto, under the superintendence of James Skene, Esq., of Rubislaw, and David Laing, Esq., enhanced in its value and in- ■ Cough's Topography. Vol. ii., p. 74G. Lond. 1780. b Spalding's History. Bannatyne Club Edition. Prefatory notice, p. iv. xii THE EDITOR'S PREFACE. terest by architectural illustrations from the well known pencil of Mr Skene. It would be superfluous to say that the edition of Spalding now referred to, was in every respect worthy of the literary ability for which its learned editors are known to all who are engaged in pursuits connected with the History of Scotland. It appears, however, that it was only after the first volume of that edition had been printed from more modern versions of the manuscript, 3 that the editors were so fortunate as to obtain the use of a more ancient and genuine copy than either of the others, from the collection of the Earl of Fife at Skene House. It thus happened that the first volume of the Bannatyne Club edition was printed from a collation of the Forbes and Troup manuscripts, while the second volume was printed from the Skene Manuscript; the discrepancies between the more modern copies and the Skene Manuscript, being added at the end of the first volume as " various readings." The Council of the Spalding Club having, some time ago, re- solved that the members should be possessed of an edition of that work, from whose author the Society has received its name, it was considered advisable to adhere exclusively to the text of the Skene Manuscript, for the use of which they have to acknowledge the liberality of its owner the Earl of Fife. Accordingly, in the present edition, this manuscript has been followed throughout, in all its fluctuating orthography and arrange- 1 Of these one was .purchased by the Bannatyne Club from the collection of the late Alexander Garden Esquire of Troup. It appears to have been transcribed about 1720, and is in several respects incomplete. The other copy, written somewhat later, is preserved in the library of Lord Forbes at Castle Forbes. This, is, in some respects, a superior manuscript to the other, but its value is lessened by the liberties which the transcriber took in adapting the orthography of the original to his own standard. THE EDITOR'S PREFACE xiii ments, as being, in every respect, the most authentic version, if not the original manuscript of Spalding ; and the marginal index of the Compiler has been, for the first time, printed opposite to the text, as it appears in the manuscript. The question as to the originality of the Skene Manuscript can- not be more satisfactorily stated than in the words of the Editors of the Bannatyne Club edition : — !i The question of originality, as affecting this manuscript, is not without difficulty. There is much which would lead to the inference of its being from the pen of the author himself, while, at the same time, passages do occur of a somewhat doubtful character. Of these indications a few specimens will suffice. The work presents blanks of various lengths, obviously left for the subsequent insertion of facts, names, and dates, regarding which the author's information at the time of writing was probably inadequate. These accordingly, in many instances, are supplied by the same hand, but with different ink ; and it seldom occurs that the new matter is at all commensurate with the blank that had been left for its insertion, a great portion of the space generally remaining unoccupied, such as no copyist would ever have left, had it been occasioned by his inability to decypher any particular passage. Judging from the difference in the ink, the marginal notes for a few pages back appear to have been brought up simultaneously with the insertion of these corrections, the proceeding to be naturally expected from a compiler, but not from a copyist. At page 37- of the Skene Manuscript, after enumerating a few of the persons concerned with a certain circumstance, a blank of two lines is left for the insertion of other names to be afterwards ascertained, and then the subject is resumed with the words, " and others." This blank, however, remains unsupplied, from the author having either failed to obtain the requisite in- formation, or probably neglected to insert it. No copyist would have left this unnecessary blank, which does not appear in the other manuscripts. In that portion of the manuscript, corresponding to the last line of the page 211, vol. ii., it is " Kirks of Scotland, Edinburgh," with the word " Scotland" erased, which could scarcely occur in a copy. In pages 428, 429, of the manuscript, various additions and corrections occur in the same hand in which the text is written, but with differently coloured ink, and of a character which strongly implies the writer of that manuscript to have actually been the author. On the other hand, in page 10, vol. ii., line 6 from the top, the words " out of their B xiv THE EDITOR'S PREFACE. purses," as taken from the Troup Manuscript, is in the Skene volume, " out of their pur- pose," which, if written by the author, seems an unaccountable mistake. And, in folio 430 of the manuscript, corresponding to page 57, vol. ii. of the present edition, where the destruction of the high altar of the cathedral is mentioned, the marginal note referring to the passage, bears " No sic thing true, as ye may heirefter see," which the text itself soon after confirms. The author cannot be supposed thus flatly to contradict himself." a An explanation of the matter, to some extent, may be gathered from the following statement of James Man, which at the same time deprives Spalding of some share of the work, which has generally been wholly attributed to him. Among the manuscripts in the possession of Man, of which he proposed to make use in his " Memoirs," he refers to one by William Gordon of Dalmoir, en- titled a Genealogical Account of the Family of Gordon and their cadets, with a note of their lives and fortunes. b Of this work, Man adds, " there is little in it but mere genealogy, till we come to 1630, and the rest of it has been engrossed, almost word for word, by Spalding in his memoirs." 0 If, therefore, we suppose that Spalding arranged his " Memorialls" from this work of William Gordon, as well as the materials which he had himself prepared, we may be able to discover some ex- planation of the difficulties above stated. On this supposition, it would of course be natural that the compiler should at a subse- quent period correct or alter statements which he had copied from another author, if circumstances occurred to require it, and also, 1 Spalding's Ilistory — Bann. Club, Edit. Prefatory Notice, pp. v , vi , vii. l ' William Gordon of Dalmoir was one of two natural sons of Alexander Goidon of Strathawin, a cadet of the house of Cluny, and was slain by some of the clan Chattan in Dalmoir, leaving by his wife Isobel (Jr.int four sons, Alexander in Cruchles, Thomas in Neve, John in Inverurie, and Adam in Achnascra. (Fragment of a Genealogical History of the Gordons, MS. in the editor's possession). Gordon's Sco!s Affairs, Vol. I., Appendix to Pref, pp. xxxii., xxxiii. THE EDITOR'S PREFACE. XV that he &hould amplify parts of the narrative where additional in- formation, subsequently coming to his hands, enabled him to supply existing defects. That the work was prepared at a subsequent period, from notes previously made, seems obvious from the state- ment at page 11, "There is nothing noted in the yeirs of God 1626 and 1627 worthie of memorie, and therefore goes to 1628 for the notes of that yeir." It will be observed also, that the writer frequently refers to the subject in a way which shows that he was merely arranging notes of events which were past, as when he says, " as to this, see after- wards ;" " as to this, ye shall hear more heirafter," implying ob- viously that these notices were already in existence. He also, at times, in his narrative, anticipates the order of events, " as it so fell out, and be thir nottis do appeir." T hu. c , under the year 1632, while describing the apoplexy by which the Bishop of Aberdeen was attacked in that year, he, at the same time, narrates his death, which did not occur till 1635, and which is described at greater length when he comes down to that year. The same anticipation occurs on another occasion, when the writer is describing the capture of James Grant, in December, 1630. His imprisonment at Elgin, which occurred in that month, his removal to Edinburgh in the succeeding spring, and his escape from the castle of Edinburgh, are told at the same time. On the next folio, the story is repeated, with some trifling additions, as if the writer had thought it necessary to give a connected view of the whole cir- cumstances when the first notice of them occurs, and yet finding them occur in his notes, under the subsequent dates, he repeats the narrative again. And these repetitions occur throughout the xvi THE EDITOR'S PREFACE. whole book, either arising from the above cause, or from the un- skilful incorporation of two contemporaneous and distinct accounts into one narrative. It may be thought that the style of the narrative occasionally indicates the work of two authors, although the compiler has invested the whole with a grotesque unity peculiar to himself. Thus, the pervading homeliness of the work, which seems to have disgusted the niceness of James Man, occasionally rises into a style of dignity and force which we should hardly expect from the simple chronicler of every-day occurrences. As specimens of this style, we may point to the summary of the character of George, Marquis of Huntly, and to the account given of the execution of Sir John Gordon of Haddo. a There is also, at times, a fulness of information as to the pro- ceedings of the Marquis of Huntly and of his friends in the north country, beyond what we should expect from a citizen of Old Aber- deen, but which might more naturally be expected from a kinsman, and an actor in the events narrated, while, elsewhere, there appears an ignorance of subjects more particularly connected with the burgh, which we should hardly anticipate in Spalding, and which it is difficult to account for, except on the supposition of the con- fusion resulting from the mixing up of two narratives into one. Thus, it is stated that Patrick Leslie was elected Provost of Aberdeen at Michaelmas, 1634, and that being discharged from his office by virtue of a warrant from the King, Sir Paull Menzeis was re-elected in his place. But when the writer comes down to the year 1636, he says, " Ye hard befoir, folio 30, how Robert K Gordon's Scots Affnirs, Appendix to tlic Preface, p. xxxii. THE EDITOR'S PREFACE. xvii Johnstoun wes chosin prouest of Abirdein, in place of the deposit Patrik Leslie ;" whereas, as is explained in the note at page 67, Robert Johnston was elected, under very singular circumstances, as successor to Sir Paull Menzeis, and in October, 1635. On comparing the account of the election of Mr. Alexander Jaffray as provost, given in the text, at page 68, with the correct state- ment from the Burgh Records, appended in the note at that page, it will be seen, either that the writer had only got some general information of the facts, or was writing from indistinct recollection. In giving an account of the election of Dr. William Guild to be principal of King's College, the writer of the text has been led into the strange mistake of supposing that, by the original deed of foundation, a certain voice was conferred on the Earls of Lothian, Angus, Mar, and Moray, as representing the " four narrest coun- tries about this colledge," in the election of a principal ; and that the right thus created was, on this occasion, exercised by the pro- curators of these noblemen. This mistake is thus corrected on the margin. " Nota. The foundation beiris to four nationis, and not to four countreis, and thair procurators, with the foundit memberis to be at this election of principall, regent, or vther member. The king is no wayes patroun." The correct account of the proceed- ings of Dr. Guild's election will be found in the note at page 318. The following are two of the notices where the writer introduces any mention of himself. The first occurs in his description of the battle at the Justice Mills in 1644: " And mony renegat Irishis baid behind, rifling and spoylling both Old toun and New toun piti- fullie. And none durst bury the deid ; yea, and I saw tua corpis careit to the buriall throw the Old toun with wemen onlie, and not c xviii the editor's preface. ane man amongst them, (so that the naikit corpis lay onbureit so long as thir lymmavis war ongone to the camp, albeit the livetennand himself, upone the same Mononday befoir he went out of the toune, gave ordouris to both Aberdenis to bury thair deid), quhilk thay did with feir of thair lives." In narrating the subscription of the covenant in May, 1040, in the Church of Old Aberdeen, he says " and myself first subscrivit the Kingis covenant presentit by the Marques of Huntlie, glaidlie, in Old Abirdein. 2. I subscrivit, in the same place, ane vther covenant, presentit be the lairdis of Benholme and Auldbar ; and thridlie, now this covenant not willinglie. Sie moir covenantis subscrivit." 1 No separate version of the manuscript of Gordon of Dalmoir is now known to exist, although it seems obvious that James Man was in possession both of Gordon's work and that of Spalding se- parately, at the time when he wrote. We are therefore unable to indicate Gordon's share in the " Memorialls." But from Man's account of his work, it seems to have been mostly confined to a narrative of the fortunes of the family of Gordon, and although these certainly occupy a conspicuous position in the pages of the present work, yet apart from them, there will remain a mass of quaint and picturesque description of men and events, which would alone secure for Spalding's work, a high degree of appreciation. It has been conjectured from certain passages of the work, that the writer had for a time been resident in Moray. Thus, speaking of the weather in 1034, he says: "The goiss symmer matchles fair in Moray, but wyndis, weitis, or ony storm ; the cornes wes ■ Vol. 1 page 278. THE EDITOR'S PREFACE. xix weill win, the gardyne herbis revivit, jonet a flowris and roissis springing at Martimes, quhilk myself pullit." b But, however this may be, it seems plain, notwithstanding of any temporary residence elsewhere, that the compiler's head quarters were in Old Aberdeen, and that he writes on all occasions with the feelings of a citizen of " glorious Aberdeen." The running marginal index, or commentary already referred to, occasionally surpasses the text in grotesqueness of description, and even supplies us with information more specific than the text itself. Thus, at page 94, where the author is describing the out- rages of John Dugar, he says in the text " he took out of the laird of Corss boundis also ane brave gentilman tennant, and duelling thair, and careit him with thame ;" whereas the marginal notes show that it was Mr. George Forbes who was thus seized. And again, when he describes a visit of the Marquis of Huntly to Old Aberdeen to obtain signatures to the Confession of Faith of 1580, it is stated in the text (p. 114,) that "the bischop, the principall, the regentis, gentrie, and haill commonis of the toun willinglie obeyit and subscrivit the samen ;" while on the margin, it is re- corded " the bischop, principall, regentis, gentrie, and commonis subscrives, except Mr. John Lundie qrammarierr Occasionally the marginal notes have the appearance of a sarcastic commentary on the text. Thus, while the latter informs us (p. 274,) that, " vpon the 26th of Maii, being Sonday, the Erll of Montroiss, now callit lykuaies Generall, with the rest of the nobles, hard deuotioun ; bot the renegate soldiouris, in tyme of a In former editions this word has been mistaken for July floweris. The jonette is described as •' a kind of lily." — Jamieson's Diet., s«4 voce Jonette. b Vol. i , i> 49. XX THE EDITOR'S TREFACE. both preichinges, is abuseing and plundering New Abirdein piti- fullie, witbout regaird to God or man;" the marginal remarks record that " General Montroiss and nobles heiris devotioun," and then refer to the proceedings of the soldiers as " Thair soldiouris deuotioun." And the " Articles of Bon-Accord," which General Monro required the magistrates to subscribe, are noticed on the margin as " scornfull, prydfull, and skaithfull articles for Aberdeen." Spalding lived in eventful times, and his pages furnish us with an account, at once minute and forcible, of the miserable disor- ganization of society which inevitably attends all great national divisions. In the picture which he has drawn, we are enabled to follow the consequences of events much deeper in the current of society, than the general statements of national historians will carry us, and we can realize to our minds the position and the feel- ings of the various actors, as they are presented to us in these familiar and gossiping pages, in reading which we rather seem to be listening to the oral descriptions of a contemporary witness of events, than to be contemplating them in the page of history at a distance of two centuries. The same facts and occurrences have, in all ages, presented them- selves to different minds in various lights, and have led them to op- posite conclusions ; and it is not to be supposed that a person living in the midst of events so exciting and tragical, should speak of them with the calmness and impartiality, which even writers of our own day find it so difficult to attain in their histories of that period. Spalding accordingly, on all occasions, gives us his im- pressions of men and events, and these we must believe to have received a colouring from his prepossessions or his prejudices ; but THE EDITOR'S PREFACE. xxi as to his narrative of the facts and circumstances themselves, there seems no reason to question his candour or veracity, and, in reality, the work does not derive its value from the opinions of its com- piler, but rather from the homely detail of minute facts, which are generally overlooked, and deemed unworthy of notice by those who write for posterity. The illustrations in the Notes and in the Appendix to the Volume, have been selected, with the view not only of illustrating events which are noticed in the text, but for their separate value, as materials in filling up a picture of Scotch society in the northern districts, at a most interesting period of national history. The manuscript sources from which these illustrations have been principally selected, are the Records of the Burgh of Aberdeen, the Minute Books of the King's College of Aberdeen, the Diary of Dr. John Forbes of Corse, and the Biographical Collections of the indus- trious Wodrow, in the Library of the University of Glasgow. But the most valuable and extensive illustrations have been obtained from the Records of the Privy Council, and the Records of Jus- ticiary in the General Register House at Edinburgh. These re- cords have furnished the materials for those articles in the Appen- dix to the First Volume, entitled " Burning of the Tower of Fren- draught,*' " Broken Men," " Trial of Dame Katherine Forbes, Lady Rothiemay," and " Trial of Gilderoy and his Complices " It is remarked by the Editors of the Bannatyne Club edition, that all the manuscripts are defective at the close, and to an un- certain extent. The Skene Manuscript terminates with folio 689, but, having previously referred to folio 725, shows a deficiency of at least 36 pages. The deficiency existed upwards of a century XXll THE EDITOR'S PREFACE. ago, when James Man thus writes of the work : — " There's cer- tainly a part of it lost, and I have heard of an abstract of that part continued to the year 1650. But after all the search I could possibly make, cannot find it out." Various copies of Spalding's Work are in existence. One is in the Library of Lord Forbes at Castle Forbes, and another, formerly in the Library at Troup House, is now the property of the Banna- tyne Club. Dr. William Henderson of Aberdeen has a copy of the MS. in his Library, and there is one in the Library of King's Col- lege ; but the whole of these are transcripts, more or less correct, made in the course of last century. There is no title page to the Skene Manuscript, and the title of " Memorialls," given to the work in the present edition, has been assumed, as more closely de- fining its nature than that of a " History," which has hitherto been applied to it. The Members will readily appreciate the munificent liberality of Lord Saltoun, one of the Vice-Presidents of the Club, who, out of a desire to promote its interests, has contributed this work to the Society at his own expense. JOHN STUART. Aberdeen, September, 1850. MEMORI ALL S OF THE TRUBLES IN SCOTLAND AND IN ENGLAND. MEMOBIALLS OF THE T RUBLES In Scotland and in England. ANNO 1624. EFTER THE DEATH AND BURIAL OF ANGOUSS M'lNTOSHE OF AULD- Angouss M«Intoshe tirly, alias Angouss Williamsone (whiche wes a littil befoir Witsonday in the yeir of God 1624), his kyn and freindis of Clanchattan (whome he in his tyme held wnder reull and in peace, be his pouer and pollicie) beginis to call to mynd how James erll of Moray thair maister had cassin them out of thair his kyn grvdges with in- , . -a • . the Erll of Morray; kyndhe possessions quhilk (past memorie of man) their predicessoris and they had keipit, for small deutie, hot for thair faithfull seruice, And thair ressonis; plantit in thair places, for payment of ane gryter deutie, a number of strangeris and febill persones vnhabill to serue the Erll thair maister, as thay could haue done, By whiche menis thir gentillmen wes brocht throw necessitie to gryt miserie : And thairwith considering thair younge Cheif the laird of M'Intoshe wes bot ane barne who (according to the Commoun Band) a micht not be anssuerabill for their misdeidis, 3 The " Common Band," or " General perative on all landlords, bailies, and Band," was the name given in popular chiefs of clans, to find sureties to a large speech to an Act of the Scottish Parlia- amount, proportioned to their wealth and ment of the year 1587, which was passed the number of their vassals or clansmen, with the view of maintaining good order, for the peaceable and orderly behaviour both on the Borders and in the Highlands of those under them. It was provided, and Isles. The plan on which this Act that, if a superior, after having found the chiefly proceeded was, " To make it im- required sureties, should fail to make im_ MEMORIALLS OF THE TRUBLES. thair resolutiouii. Thay go to armes : thair number and capi- tans. Thay keip the fieildis in thair armes. Thay oppress and spolyie these who la- bourit thair possessionis. Thay some throw the northlandis and spairis none. Thay cast the Krllis land vaist, and leivis lyke out- lawis : thair confession and re- solution. The Erll sendis for Bal- quhidder men : And thinking and calling to mynd how oft and how humelie they had craveit their kyndlie possessionis from the said Erll, hot culd not be hard nor find fauor, quhilk greivit thame in hiest degrie : Thay therefoir (fynding the tyme proper) pairtlie throw infancie of there young Cheif, and pairtlie throw the death of this worthie Chiftane (who by his wit and policie held thame still wnder aw and obedienss) disperatlie resoluis be force of armes ather to recover thair awin kyndlie possessionis, or vtheruayes to cast the samen waist, and none suld labour the ground, to pay ony deutie to the Erll. And to that effect about the said Feist of Witsonday 1624 (and efter the deceass of the said Angous Williamsone) thair brak out in armes about the number of tua hundreth of the principall gentilmen of that race and lynnage of Clanchattan, wnder the leiding of Lauchlen M'Intoshe, alias Lauchlen Og (vncle to this now laird of M'Intoshe) and Lauclan M'Intoshe or Lauchlan Angus-sone (eldest sone to the said vmquhill Angous Williamsoun), thair capitans. Thay keipit the feildis in thair Hieland weid vpone foote, with suordis bowis arrowis targis hagbuttis pistollis and vther Hieland armour, And first began to rob and spoilyie the Erllis tennentis who labourit thair possessionis, of thair haill goodis geir insicht plenishing hors nolt scheip cornes and cattell, and left them nothing that thay could gett within thair boundis, Syne fell in sorning, throw out Morray, Stratharik, Vrquhart, Ross, Sutherland, Bray of Mar and diuerss vther pairtis, taking thair mete and food perforce quher thay culd not get it willingly, fra freindis alssweill as fra their faes, yit still keipit thame selfis fra schedding of innocent blood. Thus thay leivit as outlawis oppressing the countrie (besydis the casting of the Erllis landis waist), And oppinlie avowit thay had tane this courss to get thair awin possessionis agane, or then hold the countrie walking. The Erll of Morray (michtellie greivit at the Clanchattan, to brak out in sic disordour, him self being duelling mediate reparation of any injuries com- mitted by persons for whom he was bound to answer, the injured party might pro- ceed at law against the sureties for the amount of the damage sustained. Besides being compelled, in such cases, to reim- burse his sureties, the superior was to incur a heavy fine to the Crown. This important statute likewise contained many useful provisions for facilitating the administration of justice in these rude districts." (Gregory's History of the Western Highlands and Islands of Scot- land, p. 237, Edin. : 1836.) ANNO 1624. 5 in Morray) sendis schortlie, and bringis out of Menteithe and Bal- quhidder, about thrie hundreth Hilandmen, armit efter thair awin cus- thair number. tome. Thir people, with tbe Erll him self, cam throw Morray to In- The Erii gois with them uerniss in battell rank. Thay stayit thair that nicht, and the Erll wes with hes goodbrother the Erll of Engyie, a in the castell, b weill in- tertaynde. Thir people stayit a while in the countrie vpone the Thayieivevponnisgryt Erllis gryte expenss, without seeing or seiking the Clanchattan, anT^n^hwne agra quherfoir the Erll send thame all bak agane the get thay cam. Al- uaies the Erll returnit fra Inuerniss bak to Elgyne, and provydis The Erii provids an- ane vther company to go aganis the Clanchatan, bot thay did als ais Hti^good" 7 ' " ° ' littill seruice, and so returnit without fynding of the enemy first or last, albeit thay maid ane pretext of seiking of thame heir and thair, throw the countrie. Bot the Clanchattan nothing dismayit, becam The clanchattan be- „ . , . -,,11 n • • t cumis moir furiouss ; moir tunous and inrageit to rob and spoyll euene mams goodis, quhereuer thay cam, whidder freind or fo, to the gryte hurt and oppressis both tveind skaith of the Kingis leiges. The Erll seing he could hardlie get and f ° thame supprest be force of amies, resolues upon vther courss to beir thame doun, Quhilk wes, he gois to London to King James, and The ehi getu ane Lme- humelie schowis the rysing of thir Clanchattan and that he could not ,ennaDdrie ' get thame overcum and subdewit without ane Livetennandrie in the Northe, Which the King graciouslie grantit to him for sum few yeris, and to sit cognoss and decerne vpone four capitall poyntis allanerlie, speciallie set doun thairintill. The Erll returnis home, causis pro- it is prociamit. clame his Liuetennandrie (quherat it wes thocht the houss of Huntlie The Marquess is off'en- wes sum what offendit, thinking none sould be Livetennand in the dlt ' North bot thame selffis, albeit he wes his awin goodsone who had gottin it, to wit, the Marquess sone in law, who had mareit his eldest dochter), proclames letteris of intercommouning aganis the Letteris of intercom- mouning aganis the Clan- * Eldest son of George, first Marquis lands, is dated 8th January, 1425-6. chattan : of Huntly. The lands of the forest of (Gordon Writs.) Engzie, (sometimes written Ayne,) came b Alexander, Earl of Huntly, was into the possession of the family by the made sheriff of the shire, and keeper of marriage of Alexander Seton of Gordon, — the Castle of Inverness, by charter from son of Alexander Seton, who married James IV., dated 1 6th January, 1508-9, Elizabeth of Gordon, the heiress of Hunt- wherein he got a grant of extensive lands ly, — to Egidia Hay, daughter and heiress for the support of a garrison in the Castle, of John de Hay of Tulibothi. A charter (Gregory's History of the Highlands and of confirmation, by James I. to Alexander Isles, p. 105. Miscell. of Spalding Club Setoun of Gordoun, younger, and the said vol. iv., p. 152.) Egidia Hay, containing these and other 6 MEMORIALLS OF THE TRUBLES Clanchattan, at the heid brughis of sindrie schires, that none sould recept supplie or intertyn onie of thame, wnder gryt panes and perell. thair freindis is fcirit, Efter publicatioun of whiche letteris, the Clanchattans kyn and freinds (who had priuilie promesit thame assistans befoir thair braking out) beginis now to grow cold, fering thair estaitis, of whome thay refuse to help or sindrie wes welthie in landis and goodis, And simpliciter refusit thame suppiie them. reC ept help or supplie, for feir of the lawis. The Clanchattan <> Sir Robert Gordon gives the follow- ing account of the rising of the Clanchat- tan : — " This yeir of God 1624, ther wes great combustion likelie to aryse in the north of Scotland betuein the Earle of Morray and the Clanchattan, whose cheifF wes now hot a chyld of tender yeirs, his father, Sir Laghlan Makintoshie, being dead. The Clanchattan had bein alwayes faith- full dependersand followers of the Earles of Murray, and had gottin from them many good lands and possessions in Pettie and Strathern for their service. The Clanchattan, most eagerlie of all that fac- tion, indevoared to revenge the Earle of Morraye's father's death vpon the Mar- quis of Huntlie dureing these troubles. Nevertheles the Earle of Morray (being now reconciled with Huntlie) goeth about to dispossess them [from divers of their habitations in Petty, which they had pos- sessed for many ages], and to remove them from the lands which they had for- merlie gotten for ther services from the Earles of Morray. This the Clanchattan could hardlie endure ; and so assembling fyve hundred" [Sir Robert in a subse- quent passage reduces the number to two hundred] " of their men and pertakers (vnder the conduct of thrie of the sones of Laghlane Macintoshie, and vncles to Sir Laghlane latelie deceased) they joyned together against the Earle of Mur- ray [made ane incursion into Petty, took away aud spoiled most part of the Earle's comes ther, and pat him and his tennents in a great fright.] They goe to ane hous which he hath now of late built in Pettie (called Castell Stuart) ; they dryve away his servants from thence, and doe possess themselues of all the Earle of Murray his rents in Petty. Thus they intend to stand out against him. The Earle of Murray being scarce able by force to re- sist them (haveing no great dependencie besyds themselves,) he obteynes commis- sions against them, and letters of inter- communing, forbidding any of his Maies- tie's leiges to resett them. He sends for some of the Stuarts of Atholl to assist him ; bot those semed too weak to encoun- ter the Clanchatten ; therefor what he could not compas by force, he goeth about by airt to performe. He dealls secreitly with some of the principalis amongst them to betray the rest, which they doe bring to passe at last ; and by these meanes he forceth them to a setleing which they accept, though to ther disadvantage. Commissions were appoynted for fyning the recepters of the Clanchattan, and for punishing such as did intercommun with them. The fynes wer granted by His Maiestie to the Earle of Murray, as the fynes for resetting and harbouring the Clangregar wer given to the Earl of Argyle ; bot these fynes did not much advantage either of these tuo Earles. [Presentlie after the commission wes ob- teyned, the Clanchattan wer reconciled to the Earle, and were vsed by him as instruments against the King's other subjects, for proving them guiltie ot the receipt, aiding, and harbouring of the Clanchattan ; and whatsoever wes said by these rebells against any man, was ad- mitted for good prooffe by the Earle, who wes both judge and pairtie ; whereby the Earle of Murray, by vertue of his commis- sion, did fyne and trouble most pairt of the King's subjects in the north, and cheiflie the inhabitants of the toun of Inuernesse.] And thus wes this tumult ANNO 1624. 7 seing this by expectatioun, beginis now to repent thair braking out, The cianchattan re- and seik the Erllis peace, quhilk by intercessioun of freindis vves pea'^'quiuik thay^pon grantit, provydit that thay sould give the Erll informatioun who condltiouns g et - of the Cianchattan appeased without much bloodshed, by the death and execution of tuo or thrie of their basest followers ; which sturre (by all appearance) would have done the Earle of Morray much harme, iff the Cianchattan had stood to it." (Genealogical History of the Earl- dom of Sutherland, pp. 391, 392, 412, 413.) The MS. memoir of the House of Kilravock, in narrating the circumstances of the dispute between the Macintoshes and the Earl of Moray has preserved the following incidents, not elsewhere re- corded : — " Provoked by this usage, the Earl (not trusting to his vassals and tenants in the low countries, against those desperate men) brought 300 Highlanders from Monteith and Balquidder, in the year 1623, and marched with them into Pettie. But Highlanders are too fond of duchus, to fight against those whose 6nly crime is to maintain it; and the Macintoshes had withdrawn into other countries. Where- fore, after these southern Highlanders had put the Earl to great charges, and done him no service, he dismissed them. In the autumn of that same year, the Earl returned to Pettie, with a great body of Lowlanders, mainly horsemen. But these did him as little service as his Highlanders had done : The Macintoshes had withdrawn upon the Earl's approach, and returned again how soon he had re- moved. " In this last expedition, 'tis said that Angus Macintosh of Aldaurie (ancestor to Kylachie, and commonly called Angus Williamson, or rather, son of Donald Mac William) informed of the Earl's motions, set out to meet him, in a homely dress, without attendants, and 'riding on a little Highland nagg. Upon the heath or muir of Urquhart in Murray, some of the Earl's company meeting with Angus, brought him to his Lordship, who con- ferred with him to the purpose following : Murray. ' Are you Angus William- son ?' Angus. ' They commonly call me so, my Lord.' Murray. ' How have you the assurance to come into my presence V Angus. ' I think any honest man may come into your Lordship's presence.' Murray. 'Honest man! Are you so, who seek to rob me of my lands and rents ?' Angus. ' My Lord, I seek not to possess any of your lands ; I have not touched any of your rents ; 1 live upon my own little fortune, at a distance from Pettie ; and, as long as I had youth and strength, your Lordship's father, and yourself, never had a more faithful ser- vant, or a more firm friend : And though now I think you deal very ungratefullie with my friends, I scorn to take part with them in their present actions.' Murray. ' How insolent it is in your friends to threaten me, and to think to deter me from coming into my ain countrie ?' Angus. ' You need not, my Lord, wonder at that ; for if the wind of their wame could keep you back, you may believe that you should not cross Spey for twenty years to come.' Murray. ' You and your friends shall find, that I will not be frighted with bigg words.' Angus. ' I should be sorry you were ; and I do assure your Lordship, that these men will not be easilie frighted. I am an old dieing man ; and permit me to say, that you act against your own in- terest. Your present friends will soon desert you : They want that you and the Clanchatan should destroy one another ; and when you have ado, who will stand by you as the Clanchatan have done ? Be therefore advised, and be reconciled to them.' The Earl marched forward to Pettie, and there dismissed Angus, who died in the month of April 1624 ; and many were of opinion that his ad- vice had good effects. (Lauchlan Shaw's Memoirs of the Family of Rose of Kilra- vock, pp. 45, 46, written about the year 1756. MS. in the possession of the Club.) MEMORIALLS OF THE TRUBLES did recept or supplie thame efter publicatioun of the letteris of inter- commouning, and to give wp thair names and prove the samen. Vpone this conditioun the Erll forgives thame and takis thame be the hand, The^ Erii haidis justice ^nd sc hortlie beginis to hald justice courtis within the brughe of Sum lounis ar execute, Elgyn. bot the prlncipall male- factouris ar spairit: the formi court. Ki'cepteris and sup- plieris ar sumondit. The forme of proce.- and probatioun. The Clanchattans honest dealing : Sum slicht louns folloueris of the Clanchattan wes execute, bot the principall outbrakeris and malefactouris wes spairit and neuer Of this justice trublit. This justice court wes fensit in the Erllis awin name, and in the name of the laird Innes, the laird Broddie, Mr Samuel Fal- coner of Knokcorth, and Mr Johne Hay, commissar of Morray, his deputis, Befoir whome wes summondit all sic as had givin supplie re- cept or intercommoned with the Clanchattan ; who durst not bot compeir vtheruayis go to the borne, And being accusit thay could not bot deny. Then incontinentlie wes brocht in befoir the bar and in the honest menis faces, the Clanchattan who had gottin supplie, verefeit what they had gottin, And the honest men confoundit and honest men ar forsit dasht knew not what to ansuer, wes forsit to cum in the Erlls will «ui quhilk wes not for thair weill : Vtheris compeirit and willinglie con- vthens standi* out ; fegs j t trugtmg to get mo i r f auor at the Erllis handis, bot thay cam littil speid : And lastlie sum stood out and denyit all, who wes re- ferrit to the tryell of ane assyse. The principall malefactouris stood wp in judgement and declairit what they had gottin, whidder meit money clothing, gvn, boll, pulder lead suord durk and the like com- moditeis, and alse instructit the assise in ilk particuler what thay had gottin fra the persons pennallit : Ane vncouth forme of pro- batioun quher the principall malefactour proves aganis his recepter for his awin pardon, And honest men perhapis nather of the Clan- chattanis kyn nor blood pvnishit for their goodwill, ignorant of the lawis, and rather recepting thame moir for thair evil nor thair good. Neuertheless thir innocent men wnder cullor of justice pairt and pairt as thay cam in war soundlie fynit in gryt soumes as thair estait micht beir, and sum above their estait wes fynit, And everie ane wardit within the tolbuith of Elgyne whill the leist myte wes payit of sic as wes perseuit in anno 1624. thay ar put to ane assise ; the Clanchattan proves all. thay informe all. Ane vncouth forme probatioune. Innocent men height fynit : thay ar wardit. of ANNO 1625 9 ANNO 1625. King James depairtis this lyf in the moneth of Marche 1625, King King James diesis : , 11 . '11' King Charlis renewis Charles renewis the Lieutennandne, The Erll gois on quiklie theLiuetennandrie. The and scharplie with his justice courtis aganis the hrughe of Inuer- jnuefnlleLTuun- niss Johne Grant of Glenmoristoun and vtheris who wold not cum n">™t oun and vtheris: in the Erllis will for recept of the Clanchattan, and pay him sic fynes as pleissit him to impose. Inuerniss standing to thair inno- inuemisa standis to • mi thair innocency : thair cencie maid moyan befoir the counsall quhilk availht nocht. Inen moyan: thay send to the thay send Duncane Forbes thair prouest a to the King, Johne Grant ^ 0 "s g a \ 8 ^ cnmor,stoun went also to complane to his Majestie, hot still the Erll who past Jhe Erii beiris thame also to the King set thame a syd and boor them doun. Thay returne Thay cum aiihome: all home, And the Erll fynit the burgh of Inuerniss in gryte soumes inuerniss is fynit .• of money, And John Grant of Glenmoristoun agreis with him quyetlie Glenmoristoun agreis efter he had maide gryt trauell and expenssis for his just defenss. Thair wes sum miscontentment betuixtthe Marques of Huntlie and his sone the Lord Gordoun on the ane pairt, and the said Erll of Sum miscontentment Mvrray on the vther pairt, touching the purchesing of this Lieuten- thTErii nandrie but thair counsall and advyss, Thay keip no society nor fre- tou «*ing this uueten- quentis vtheris companeis. b The Erll be him self gois on with his The ehi dois be him self. 3 The founder of the house of Cul- ployed by the Tutor of Lovat. In 1626 loden, and the great grandfather of the lie purchased from the Laird of Macin- well-known Lord President Forbes. tosh the Estate of Culloden, and died in He was the eldest son of John Forbes the year 1 654. (Genealogy of the Fa- of Bandley in Alford, who having died mily of Forbes, pp. 32, 66, 69-70. In- while his family were in infancy, they were verness, 1819.) brought up by their uncle William Forbes b The historian of the Roses gives the the seventh Laird of Tolquhon. When following account of the jealousies to Duncan was about the age of sixteen which this grant of the Lieutenancy of he left Tolquhon to follow the fortunes of the North, gave rise : — ' When the his aunt's second husband Thomas Fraser Earl [of Murray] was preparing for the Tutor of Lovat ; and thus it may be a vigorous prosecution, his commission said that in the sixteenth century, the was vacated by the death of King house of Beaufort laid the foundations of James VI. in March 1625. This brought that family which was the more imme- him again to London, where his com- diate instrument of its overthrow in the mission was renewed by King Charles, eighteenth. After a somewhat unpro- And upon his return, he gave a deputa- mising youthhood he appears to have be- tion to the lairds of Innes and Brodie, come steady and apt in the management Mr Samuel Falconer of Kincorth, and of business — in which he was much em- Mr. John Hay commissary of Murray, II) MEMORIALLS OF THE TRUBLES The Marques ^rud^is to sic innoceut men abusit, yit beheld nil. Tliay nssistit sum n hiehe did litill good. The Brll thocht vpon this nnd mnid thnme loiss tuo schirefschipis. The countrie cassiu louss throw this LKUtennundri. . Liveteanandrie, The Marques grudgis to sie the Kingis leiges who war just and innocent so abusit and fynit wnder cullour of ane law, yit held him quyet and behaldis all patientlie. Bot sum said both he and the Lord Gordoun assistit sum of thair freindis who wes per- secute, And maid moyan secreitlie befoir the counsall and thairefter befoir the King quhilk did litle good, bot maid the Erll think vpone it when he fand occasioun. And as wes thocht he maide the Marquess to loiss the schirrefschipis both of Abirdein and Inuerniss, as ye sail heir, sie fol. 9. And in the meintyme the Marquess pvnishit not blood nor oppressioun bot referrit all to the Livetennand quherby the countrie wes cassin louss. who proceeded -with rigour and heavily fined many gentlemen. The town of Inverness was made to pay a great sum of money, though Duncan Forbes their provost went to court to interceed for them ; and John Grant of Glenmorriston was glad to compound with these depu- ties. Many observing the Clanchatan overlooked, as if the Earl had been re- conciled to them, while others were pro- secuted, could not help thinking, that the whole was a farce, contrived for distres- sing particular persons. But, whatever private designs the Earl or his deputies had, the favour shewed to the Clanchatan was owing to the interposition of friends, and particularly to Kilravock, who in- terested himself much for them. ' The Marquis of Huntly, on whose family the office of Lieutennant had been usually conferred, envied the Earl's power, and complained to his Majesty, that he abused the trust committed to him, by prosecuting the innocent, and suffering the guilty to go unpunished, particularly the Macintoshes, for prose- cuting of whom that commission was granted. But the Marquis was not so much in favour with King Charles, as he had been with his father ; and notwith- standing his interest and remonstrances, the Earl was continued in the Lieu- tenancy. ' And now, finding Angus William- son's saying verified, he showed more favour to the Macintoshes, though the sentence remained still in force against some of them ; and he resented Huntly's behaviour. The King, at this time, laboured to obtain a surrender of the hereditary jurisdictions in Scotland, that he might annex them to the crown. And the Earl represented to him, that the Marquis of Huntly as sheriff principall of Aberdeen and Inverness counties, (this last comprehending, besides the pre- sent county, Ross, Sutherland, Strath- naver, and Caithness) had a jurisdiction and power too great for a subject, and too dangerous in those northern countries. Upon this, the King required the Marquis to resign these jurisdictions, which he did in the year 1629 ; for which the King agreed to pay him the sum of £5000 sterling, and granted precept upon the treasury of Scotland, dated 16th July 1629, for payment. But 'tis said, that no part of it was ever paid. ' Thus was Huntly divested of a juris- diction that had stood in his family for above 160 years. And the Earl of Murray being (as he thought) sufficiently re- venged, and reconciled to the Macintoshes, whom he employed to apprehend the out- law James Grant, resigned his commis- sion of Lieutenancy in the year 1632 ; and the Macintoshes kept their possessions in Pettie.' (Memoirs of the Family of Rose of Kilravock. MS.) ANNIS 1626—1628. 11 ANNIS 1626 AND 1627. Item thair is nothing nottit in the yeiris of God 1626 and 1627 worthie of memoriall, And thairfor gois to 1628 for the nottis of that yeir. ANNO 1628. In this yeir of God Johne Grant of Balnadallache and his com- plices follouit Johne Grant of Carroun to the wod of Abir- nethie, Betuixt whome thair fell out ane hot skirmish quhair the said Jon Grant of Carroun wes cruellie slayne and [Thomas] Grant , Tohne Grant of Car , of Davey slayne on young Balnadallachis syde and diuerss vtheris £^ T £ i °u t a8 "' ' hurt on both sydis quhilk blood lay onpunishit, sie fol. 8. a a The old hereditary feud which led to the skirmish in the forest of Abernethy, is sufficiently illustrated by Sir Robert Gordon, who seems to have written this passage of his book about the year 1630: ' John Roy Grant of Carron (the bas- tard sone of John Grant of Glenmoristoun) about some 80 yeirs ago ' [i. e. about the year 1550], ' did invade and kill John Grant, the great-grandfather of John Grant of Ballendalioch, now liveing, at the persuasion and desire of the Laird of Grant, the Cheiff of that tryb, vpon some displeasure that the said Laird of Grant had conceaved against his kinsman, John Grant of Ballendallogh ; which inveterat feid and malice hath continued among them from father to sone, evin vnto this day ' Some divers yeirs agoe' [according to another authority in the year 1615], ' in the raigne of King James (of happie me- morie) James Grant (one of the familie of Carron [surnamed James an Tuim]) being at a fair in the toun of Elgyn in Murray, and perceaveing one called Grant (of the familie of Ballendallogh) hotelie persueing his brother Thomas Grant, James Grant did oppose himselff ; and seing his brother lying along in the street, hurt and wound- ed befor his eyes, he invaded the other so eagerlie and sharplie, that he killed him, and so fled away. Ballendallogh dotli cite and summond James Grant befor the justice for this fact ; who did not appeir at the prefixt day, and so wes outlawed. The Laird of Grant (Cheiff of the tryb) did dyvers tymes interpone his credet and auctoritie to reconcile them, bot all in vain. Ballendallogh wes obstinat, and wold hearken to no conditions of peace, though banishment of the partie, and satisfaction in goods and money wes of- fered vnto him. He wold yield to no reconciliation, without James Grant's I-J MEMORIALLS OF THE TRUBLES And siclike about Michaelmes in the said yeir, The laird of Eanf y kiiiit be thairefter Lord of Banf a vnhappellie slew James Ogiluy his cusing being a propir gentilman. Thair wes sura assythment maid for this slauchter and he went peciablie. Biinf. Sum assythment. blood. James perceaving that nothing bot his lyff could satisfie his enemies re- vengefull spight, he resolves vpon a des- perat course, turnes rebell, and joynes to him a number of lawless associats, from all pairts of the Hielauds of Scotland. Then they doe begin not onlie to molest and trouble ther own freinds and enemies, bot also divers of his Maiestie's other subjects, by spoillings and incursions. James Grant [an Tuim] invaded James Grant of Dalnebo (one of the familic of Ballendallogh) and killed him ; and, con- tinueing in this maner, he infinitely vexed and impoverished his enemies. In this meantyme, the Earle of Murray obteyned his commission of Livetennandrie, so that the pursueing and suppressing of James Grant fell within the compasse of bis iinployment. The Earle sendcth for divers supplies to pursue and invade James Grant, bot all in vain : He still rscaps them, and brawes them to ther faces. This doth bot harden them, and aniinat James and the rest of the rebells, to commit further insolencies. John Grant of Carron (the nephue of James Grant) is supposed to be a manteyner and assister of his vncle vnderhand ; which cannot be proved, though surmised. John Grant of Ballendallogh seiks all wayes and meanes to be revenged vpon Carron, a braive young gentleman of good expectation. Carron goeth from his owne house (accompanied with one Alex- ander Grant and seaven or eight others) to cutt down some timber in the woods of Abernethie. Ballendallogh imbraceth this occasion, conveines some sixtene of his friends, armes them, comes to the forrest wher Carron wes, and ther, vnder pretext of seiking James Grant and some others of his associats (against whom they had a commission), he invads Carron, who faught manfullie a long time ; bot being unable to hold out, he is ther slain by the hands of Ballendallogh. Thomas Grant of Davie, Laghlan Mackintoshie of Rockinoyr, and some others of Ballen- dallogh's freinds, wer also then killed by Carron and Alexander Grant. Yit Alexander escaped, who afterward did vex and trouble Ballendallogh, killed divers of his men, and assisted James Grant to wast Ballendallogh his lands. ' Give me leave heir to remark the pro- vidence and secreit judgement of the Al- mightie God, who hath now mett Carron with the same measure that his forefather, Joh Roy Grant of Carron, did serve the ancestour of Ballendallogh ; for vpon the same day of the moneth that John Rov Grant did kill the great-grandfather of Ballendallogh (being the eleventh day of September), the verie same day of this moneth wes Carron slain by this John Grant of Ballendallogh, many yeirs ther- efter. And, besides, as that John Roy Grant of Carron wes left handed, so is this John Grant of Ballendallogh left- handed also : And, moreover, it is to be observed, that Ballendallogh, at the kil- ling of this Carron, had vpon him the same coat-of-armour, or maillie-coat which John Roy of Carron had vpon him at the slaughter of the great-grandfather of this Ballendalloch ; which maillie- coat Ballendallogh had, a little befor this tyme, taken from James Grant [an Tuim], in a skirmish that passed betuixt them. Thus wee do sie that the judgments of God are inscrutable, and that, in his owne tyme, he punisheth blood by blood." (Genealogical History of the Earldom of Sutherland, pp. 414-416.) a Sir George Ogilvy of Banff, knight baronet, succeeded his father Walter Ogilvy of Banff, about the year 1626, and was created Lord Banff in the year 1642. He died in the year 1663. His grandson George, the third Lord, was burned in his castle of Inchdrewer, in the year 1713, under circumstances which have never been explained. ANNO 1630. 13 ANNO 1629. Alexander Inness notar publict in Elgyn cruellie slew Robert Robert Tulloche killit 1 be Alexander Inness : Tulloche brother to [Alexander] Tulloche of Tainoquhy at the Panis Port in Elgyne about Witsonday 1629. He fled to Ireland, he ried to Ireland. his wyf and children follouit, bot foi'der pvnition. ANNO 1630. Vpone the first of Januar 1630 the laird of Frendraucht and his complices fell in ane trubill with Williame Gordon of Rothimay wiMame Gordoun of and his complices, quhair the said Williame wes vnhappelly slayne i™?hT ay k '' be being a gallant gentilman, and on Frendracht's syde wes slayne George Gordoun brother to James Gordon of Lesmoir, and diuers George Gordoun ui vtheris wes hurt on both sydis. a The Marques of Huntly and sum an Bm ne a Sir Robert Gordon who, as will be seen, was personally engaged in this affair, gives the following account of it : — ; ' Now I am to shew you the discord and variance which fell furth betuixt the Lairds of Frendret and Eothiniay. These tuo gentlemen being neir nigh- bours, and ther lands confyning together, William Gordoun of Rothimay sould certane lands to James Crightoun of Fren- dret, which did merch with him. Ther happened some contention and stryff be- twixt them for the salmond-fishing ap- perteyning to these lands ; which wes prosecuted so eagerlie and bitterlie by them on either syd, that no freinds could get them reconciled, though the mater wes of no great moment. The Laird of Frendret prevailled at law against Ro- thimay, and procured him to be denunced rebell. Whilst Rothimay wes ansuer- able to the lawes, and wes not declared nor proclaimed ane outlaw, the Laird of Frendraught did prosecute him with too much rigor and extremitie ; bot after that he wes outlawed, then Rothimay wold hearken to no conditions of peace, neither would he follow the advyse of his wysest freinds. So assembling a number of loose and idle men, he indeavoared to wast Frendret's lands and to affront him. In end, the Laird of Frendret obteynes ane commission from the Lords of the Councell for apprehending the Laird of Rothimay and his associats. Frendret is assisted by Sir George Ogilvy of Bamff, George Gordoun (the brother-ger- man of Sir James Gordoun of Lesmoir, and the vncle of Frendret) James Leslie (the second sone of the Laird of Pitcaple) John Meldrum of Reidhill and divers others. He goes accompanied with these from Frendret to the house of Rothimay, the first day of Ja rie 1630 yeirs, with a 14 MEMORIALLS OF THE TRUBLES weill set freindis satlit this feid, and Frendracht ordaint to pay to the ladie relict of Rothimay and the barnes fyftie thousand merkis Tin- Marques satlis this in compositioun of the slauchter, quhilk as wes said wes treulie t'eid lie compositioun. • ■ a pa yit.' resolution to apprehend the Laird of Ro- thimay, or to doo him some affront, seing that young Rothimay and some of his associats had a little befor come to the dores of Frendret to brave him. The Laird of Rothimay heiring of his coming, he forsakes his house, and crossing the river of Doverne he ryds towards Fren- dret, being accompanied with his eldest sone, John Gordoun, and some eight with muskets, of either syd. At their meit- ting ther wes a sharp conflict : Rothi- mayis horse wes slain, whereby he fell to the ground. He fought a whyle at foott ; at last his company wer by force driven back from him, saiffing his sone, who de- fended his father a long tyme, giveing and receaveing manie blowes ; bot con- strained he was to flie, and to saifF him- selff. Rothimay haveing receaved divers wounds wes left for a deid man in the field ; yit after the conflict he wes careid home to his house, wher he died within thrie dayis. George Gordoun (Lesmoir his brothir) being shott in the thigh with a musket in the skirmish, died within ten dayis therefter. Divers also on both syds wer hurt, amongst whom wes John Meldrum on Frendrit's syd sore wound- ed.' (History of the Earldom of Suther- land, pp. 416-17.) a After the failure of other means which had been used, with the view of allaying the disturbances alluded to in the text, the Privy Council gave com. mission to Sir Robert Gordon and Sir William Seaton against the son of the slain laird of Rothiemay and his asso- ciates, who had now allied themselves with James Grant and his band, with the view of wasting the laird of Frendraught's lands. They were instructed at the same time to avail themselves of the Marquis of Huntly 's mediation, if by any means peace could be restored, ' seing it had now passed the livetennent's power to pacifie tnat commotion.' ' Sir Robert went to Strathbogie to speik the Marquis of Huntly, and Sir William went to Aberdein to advyse and consult ther with divers gentlemen of that shyre, how he should proceid against the rebells.' On Sir Robert's arrival at Strathbogie, he found that the Marquis of Huntly had gone to Aberdeen to be present at the burial of the laird of Drum. ' The same verie day did James Grant and Alex r - Grant come doun from the moun- tanes with 200 Hielandmen weill armed, with a resolution to burn and wast the laird of Frendrct's lands ; which Sir Robert Gordoun perceiving, he went with all speid to the hous of Rothimay, wher James Grant and the rest of James Grant's associats wer assembled in armes readie to set fourth, and ther delt so effectuallie with them that he dispersed them at that tyme, and moved James Grant and his associats to dissolve and to returne to ther own accustomed hants ; being assisted herein by his nephue the Earle of Sutherland, and his brother Sir Alex 1 ". Gordoun, who were then at Fren- dret with his sister, the lady of that place.' ' On the Marquis of Huntlie's returne to Strathbogie, both the parties met ther, wher the Marquis, Sir Robert Gordoun, and Sir William Seatoun delt so earnestlie and powerfullie with the pairties, that they did settle and finallie reconcile them by ane arbitrall decreit : by the which they adjudged the laird of Rothimay and the children of George Gordoun to remitt ther father's slaughter mutuallie, and in satisfactioun thereof, they decerned that the laird of Frendret should pay a certane summ of money to the laird of Rothimay, for relieff of his burdens which he had contracted dure- ing these troubles, and also should give some money to the children of George Gordoun, who wes then lykwise slain ; which both Frendret obeyed and per- formed willinglie. And so all parties ANNO 1630. 15 Vpone the 27 of September 1630, the laird of Frendracht haueing Robert Criehtoun hu in his company Robert Criehtoun of Condlan, and James Leslie 'l'' im lt Leelu in 11 r J diacntiK company. sone to Johne Leslie of Petcaple, with sum vther seruitouris, the said Robert efter sum speiches suddantlie schootis the said James Leslie throw the arme. a Thay war pairtit and he convoyit to Pet- haveing shaken hands in the orchard of Strathbogie, they wer hartilie recon- ciled. (Hist, of Earldom of Sutherland, pp. 418, 419.) a Sir Robert Gordon's account of the quarrel between the laird of Frendraucht and the Leslies, is fuller than that in the text. ' Now followeth to shew you the occa- sion of the falling out betwein the lairds of Frendret and Pitcaple, which happen- ed thus : — John Meldrum of Reiahill (who wes at the slaughter of Rothimay with Frendret, and wes wounded ther), conceaveing that Frendret did neyther acknowledge nor reward him according to his deserts, (though Frendret had done something for him), he falls a brawling with Frendret, and in a menaceing forme wold neids compell him to give him some recompence, which Frendret wold not doe, bot still neglecting the mater, delayed the same, and pat him off : Whervpon John Meldrum cometh secreit- lie, vnder silence of the night, to the parke of Frendret, and conveyeth away tuo of Frendret's best horses. Frendret taketh this highlie, and calleth John Meldrum befor the justice for thift. He turneth rebell, and doth not appeir. Frendret obteyneth a commission from the lords of the councell to apprehend him. John Meldrum had mareid the sister of John Leslie of Pitcaple, and wes harboured and manteyned in his bounds. Frendret cometh to Pitcaple's lands to search and apprehend John Mel- drum, and meitting with James Leslie, (the laird of Pitcaple his second sone), who had also bein at the slaughter of Rothimay with Frendret, he began to ex- postulat John Meldrum's bussines, who (as I have said) had mareid James Leslie's ant. The laird of Frendret took in good pairt all that James Leslie had said to him, becaus he had shed his blood formerlie with him at the killing of Rothi- may ; but a kinsman of his, called Robert Criehtoun of Conland, did so hotelie argue the bussines with James Leslie, that from words they fell to blowes. Conland shot James Leslie with a pis- toll, and wounded him in the arme. Thus we sie, that those who were fellow pairtners in the shedding of another's blood, are now by the ears together, and are maid the revengers of another's quar- rell. James Leslie wes careid home for a deid man, and Frendret returned to his owne house exceidinglie offended at Cond- land for wounding of James Leslie. ' Neverthles, vpon this accident, most pairt of the families of the surname of Leslie banded against Frendret and rose vp in armes. Frendret repaires first to the Marquis of Huntley, and then to the livetennant, the Earle of Murray, shew- ing how much he wes greived for that •which had hapened to James Leslie, in respect of ther bygone familiaritie ; ther- fore he intreated this broyle might be re- conciled, and taken away freindlie. The Earle of Murray (distrusting his owne power either to suppresse the tumult, or to mitigat the pairtie) refuseth to deale in it. The Marquis sendeth for the Les- lies, and for the Laird of Pitcaple, and laboureth seriouslie betuixt them for a reconciliation ; whervnto Pitcaple wold not hearken, vntill he did know whether his sone James Leslie wold die or live, so the pairties dissolved. The Marquis deteineth Frendret with him tuo dayes afterward, in the Bog of Gight ; and hearing that the Leslies had assembled and did ly in wait for Frendret at his returne home, he sent his sone, the dis- count of Melgum, and the Laird of Ro- thimay, to defend him, and to conduct him saiff to the house of Frendrett. II, MEMORIALLS OF THE TRUBLES Frendracht conferris caple, and the vther Frendracht schot out of his company. Like as Sn^amtottlX™* Frendracht vpone Tuysday the 5 of October had confeirens with the Evil of Morray in Elgyne, and vpone the morne he cam to the Bog of Geicht, a quhair the Marques maid him welcum. Petcaple Petcapie cams to the lovpis on about 30 hors in jak and speir (heiring of Frendrachtis i!i'"soncs C h™t'. ainsvpon being in the Bog) vpon Thuirsday the 7 of October and cam to the Marques, who befoir his cuming had discreitlie directit Frendracht to confer with his lady. Petcaple hauelie complaines of the hurt He vowis revenge. liis sone had gottin in Frendracht' s company, and rashlie avowit to The Marques ansuer, be revengit befoir he went home. The Marques alledgit Frendracht had dime no wrong, and dissuadit him fra ony truble. Petcapil] IVtcaple rydis his way. displeissit with the Marques suddantlie went to hors, and that samen day rydis his awin wayis leaveng Frendracht behind him in The Marques reveiiiis to Bog, to whom the Marques reveillit what confeirens wes be- Frendracht thair con- tu j xt him an( j Petcaple, and held him all that nicht, and wold not ferrens, and holdis him 1 aii that nicht. J e t him go. Vpone the morne being Frydday and aucht of October, the Marques causit Frendracht to brakfast lovinglie and kyndlie. The Marques directis the Efter brakfast the Marques directis his deir sone Johne Viscount of F«ndrac°hthome. C ° nTOy Aboyne a with sum servandis to convoy Frendracht home to his awin Being aryved ther, Frcndrct and his lady detained them for that night, to rest themselves, and did their best, with all demonstration of love and kyndnes, to interteyn them ; thinking themselves hr.ppie now to have purchased such freinds, who had formerlie bein ther foes. Bot that happines wes bot short and iiiiiiiicntaniall; fur the same night the tour of Frendret (wherein ther guests did ly) wes brunt, and they also within it, as I have alreade set doun.' (Hist, of Earldom of Sutherland, pp. 419, 420.) a The old square tower of ' The Bog,' now somewhat obscured by the more recent erections which surround it, is said to have been built by George, second Earl of Huutly. The name by which this ancient castle was most usually de- signated, was that of ' The Bog,' or ' Bog of Gicht.' The founder during his lifetime occasionally styled it the Newark on Spey. A charter by this Earl to John Grant of Freuchy of the lands of the two Cullerlies in Aberdeen- shire, dated 28th April, 1493, bears to be granted ' Apud Palacium nostrum de Newark.' (Orig. belonging to the Club.) In an Act of Parliament in fa- vour of George Duke of Gordon in 1685, there is a clause ordaining the Bogue to be called Gordon Castle in all time com- ing (Acts of the Parliament of Scot- land, vol. viii., p. 506.) a John, second son of George first Marquis of Huntly, was created Viscount Melgum by patent, dated 20th October, 1627. After his unhappy death in the Tower of Frendraught, a subsequent patent, narrating his Majesty's desire that the former title of Viscount should be revived in the family, conferred that honour on his elder brother George, under the stile of Viscount Aboyne, dur- ing the lifetime of the Marquis his father, with limitation after his succession to the Marquisate, to James his son, and his heirs male bearing the name and arms ANNO 1630. 17 hous, if Petcaple wes laid for him be the way. Johne Gordoun eldest sone to the lait slayne laird of Rothimay hapnit to be in the Bog, who wold go also with Aboyne. Thay ryde but inteiruptioun Thay go peciabiie. to the place of Frendracht, or sicht of Petcaple be the way. Aboyne tuke his leive from the laird, bot vpone no conditioun he Frendracht holdis him and his ladie wold not suffer him to go nor none that wes with him a " mcht ' that nicht, bot ernestlie vrgit him (thogh aganes his will) to byd. Thay war weill intertaynde, souppit mirrellie, and to bed went joy- Thay soup and gois t.. fullie. a The Viscount wes laid in ane bed in the old tower (going af T e h d e manel . how thay of the hall) and standing vpone volt, quhairin thair wes ane round war laid hoill devysit of old just wnder Aboyne's bed. Robert Gordoun borne in Sutherland his seruitour, and Inglish Will his page, wes both laid besyde him in the samen chalmer. The laird of Rothimay with sum seruandis besyde him wes laid in ane vpper chalmer just above Aboyne's chalmer, and in ane vther roume aboue that chalmer wes laid George Chalmer of Noth and George Gordoun, ane vther of the Viscountis seruandis, with quhom also wes laid capiten Rollok then in Frendrachtis awin company. Thus all being at rest about mid- The tour takis fyre. nicht that dolorous towr b tuke fyre in so suddant and furious maner, yea and in ane clap, that this noble Viscount, the laird of Rothi- The viscount, Rothimay, _ * . and vtheris brynt to the may, Inglish Will, Collein Ivat, ane vther of Aboyne s seruitouris deith. of Gordon. (Riddell on Peerage and to returne bak to his father to his said Consistorial Law, vol. ii., pp. 624. place of the Boig, nawayis mindful to 1020-21.) nave stayit in Frendraucht that nycht : a In the dittay against John Tosh or He notwithstanding thairof, be the ernest Toschach, one of the laird of Fren- request, prayer, and intercessioun of the draught's servants, who was tried for his said laird of Frendraucht and his ladie, share in the fire raising, it is stated that was forcit and compellit, in loveing and the laird ' haiveing remanet all that freindlie forme as appearit, togidder with nycht with our said trustie cousing, [the his haill companie above written, to stay Marquis of Huntly] weill and louinglie and abyde with thame that nycht, and to interteinit be him and his lady within soupe with thame, and eftir souper, thair thair said place of the Bog, quha upone beddis being prepairit and maid within the moirne thairefter tuik his guid nycht the chalmeris of the toure of the said or fairweill, being the aucht day of the place,' &c, (See Appendix.) said moneth of October, and coming to b In the address of Mr. John M'Gill, the convoy and companie of the said Lord Advocate, to the Jury, as Counsel for Viscount of Melgwme, the said laird of John Meldrum, who was tried for the Rothimay and thair servandis and follow- fire raising, (see Appendix) he says of eris aboue writtin, saiflie hame to the the Tower : — " Consider the soleidnes of said laird of Frendraucht, the said John the wall and cloisnes . gif thair was ony Viscount of Melgwme being altogidder slit thairin it was verrie narow, and the resoluit at that time, with his companie, wall ten footes thik or thairabout." 18 MEMORIALLS OF THE TRUBLES. and vther tua being six in number, war cruellie brynt and tormentit Prendrachtis careage. to the death but help or releif, the laird of Frendracht his ladie and haill houshold looking on without moveing or sturring to deliuer thame fra the furie of this feirfull fyre as wes reportit. Robert Gordoun, callit Sutherland Robert, being in the Viscountis sum escaipis this fyre. chalmer escaipit this fyre with his lyf. George Chalmer and Capitane Rollok being in the third roume escaipit also this fyre, The form how Aboyne and as wes said Aboyne micht haue saiffit him self also if he had f v r! ! ' j ! i ' i V" n L'c r y i'" s ro r gone out of durris, quhilk he wold not do bot suddantlie ran wp help stairis to Rothimayis chalmer, and walkint him to rys ; a and as he is walkning him the tymber passage and lofting of the chalmer hais- tellie takis fyre, so that none of them could wyn doun stairis agane : so they turnit to ane wyndo luiking to the clois quhair thay piteous- lie cryit help, help, mony tymes, for Godis caus. The laird and the Frendracht maks no ladie with thair seruandis all seing and heiring this wofull crying !ulp bot maid no help nor maner of helping, whiche thay perceaving, thay cryit often tyms mercie at Godis handis for thair synis, syne claspit in vther armes and cheirfullie sufferit this cruell martyrdome. Thus deit this noble Viscount of singular expectation, Rothimay a brave youth, and the rest be this dulefull fyre neuer aneuche to be This feirful accident wes deploirit, to the gryt greife and sorrow of thair kyn, freindis, paren- freindu^and'to the Mar- tis, and haill countrie people, especiallie to the noble Marques, ques and his lady. f or g 00 dwill g a ^ t^i g rewaird. No man can expres the dolour of him and his lady, nor yit the greif of the Viscountis awin The Lady Abyone s deir ladie when it cam to hir eiris, whiche scho keipit to hir deing day, disdayning euer the company of man thairefter in the rest of hir liftyme following the love of the turtle dow. rhe Marques causis tak Howsone the Marques gettis word, he directis sum freindis to tak buris thame in the kirk Wp thair ashes and brynt boneis quhilk thay culd get, and as thay culd be kend to put ilkanes asses and bones in a kist being six kistis in the haill, which with gryte sorrow and cair wes had to the kirk The Marques writtis to of Gamtullie, and thair bureit. b In the meintyme the Marques the Lord Gordoun. a Tbe Counsel for Meldrum stated in him libertie to put on his clothes, and be his address to the Jury, that " the con- the will of God went up the stair quhair stant repoirt is that thair was ane grit he sould haif cum doun." smoiking befor he [the Viscount Melgum] b ' The ashes of the Viscount of Abovne did awaek, baith in his chalmer and the and several of his followers, and of John uther, quhair a boy was suffocat, and gave Gordon, laird of Rothiemay, who were ANNO 1630. Ill writtis to the Lord Gordoun then duelling in Innerniss of this acci- dent. It is reportit that vpone the morne efter this wofull fyre, the The ladic Prendracht ladie Frendracht, dochter to the Erll of Sutherland, and neir ge t ^ 'no^ntrief turnis cousing to the Marques, buskit in ane white plaid and ryding on ane home small nag, haueing ane boy leiding hir hors without ony mae in hir company : a In this pitifull maner scho cam weiping and morning to the Bog desyring entrie to speik with my lord, bot this wes refuisit, so scho returnit bak to her awin hous the same get scho cam com- fortles. The Lord Gordoun vpone the recept of the Marques letter cam The Lord Gordoun cumis haistellie to the Bog, convenit William Erll of Erroll (with whose %J%Jgl; Con,e " Ui sister the Viscount wes mareit) and many vther freindis, who efter serious consultatioun concludit this feirfull fyre culd not cum be Thair judgment of this chance, sleuth, or accident, but that it wes plottit and devysit of set 11 11 purpois as ye may heirefter sie folio 11. Quhairof Frendracht, his ladie, his freindis and seruitouris, ane or vther wes vpone the knowledge: So thir freindis dissolues, and the Marques wold not tm.- freindis dissoiuis revenge himself be way of deid, bot seik the lawis with all diligens The Marques resoiu- quhairvnto he had moir nor ressone. Now thair wes ane gentilman callit Johne Meldrum, who sum j 0 nne Meidrum sus- tyme servit the laird of Frendracht and gat no good payment of his peetlt ' fie as he alledgit, quhairat he wes miscontent. This Meldrum thair- efter mareit with Petcaple's sister, and the hurting of James Lesly maid his greif the gryter, and bred sum suspitioun of the raising of this fyre, quhairvpone he, with ane Johne Toshea seruitour to John Toshea, and wod Frendracht, and ane young woman callit [Margaret] Wod, dochter to ; , V o m ^ spectit anc 5 burned in the old tower of the house of Blackhall writes, " my ladye of Frendret Frendraught, in the parish of Forgue, did send to me, praying to me to be her in 1630, (as related by Spalding) were ordinary for the frere whom she had buried in a vault in the Church of Gartly, befor was lately depairted from this lyffe." which is still to be seen.' (Statist. Ace. of (BriefFe Narration, p. 58. Spald. Club.) Banffshire, p. 98, Edin. 1842.) However this may be, it would appear a It has been stated that the boy who that a priest had resided at Frendraught conducted the lady of Frendraught, on at the time of the fire, as among other this occasion, was a Jesuit who resided at members of the household, for whose ap- Frendraught. Blackhall's BriefFe Nar- prehension a warrant was granted by the ration, Preface, p. xxiv — where, how- Lords of the Privy Council, on 23d ever, the reference to Oliver's History for December, 1630, is " —Anderson, this fact is a mistake, and the correct prist." (See Appendix.) reference has been mislaid. In 1637, 20 MEMORIALLS OF THE TRUBLES the laird of Colpnay, all suspectit personis to be either airt and pairt or on the counsall of this fyre, ane or vther of them war apre- hendit and wardit in the tolbuith of Edinburgh. This young gen- Scho is accusit and tor- tilwoman is first accuisit befoir the Lordis of Counsall and scharplie tunt, confesses nothing. exam ; na t Scho standis to hir innocencie and denyis all. Scho is thairfoir put in the bootis and cruellie torturit, yit confessis nothing, Scho is put to libertie. quhairvpone scho is set to libertie as ane innocent, bot the vther The tua ,men is keipit tua men is kepit in strait waird, quhair I will leave them whill folio 21. a Ye hard befoir, folio 5, how young Balnadallache had killit Johne Grant of Carroun without pvnitioun. Quhairvpone his vncle, callit James Grant, vowit to revenge his death, and brak out and wrocht mekill displesour to the said Balnadallache as ye sail heir, folio 9, becaus he could get no justice be the lawes aganes him for his moyan of the Erll of Morray. Ye haue befoir, folio 4, of sum miscontentment betuixt the Marques of Huntlie and the Erll of Morray anent purchessing The siaiq. is uantifl th^ the livetennandrie. In recompens of the Marques procedure, schiiefschipu? of Abir- , _, „ _, . . . , - c i ed a \\ in Wak ve i uot gounes, war sitting all vpone seatis of daillis for the purpois, biggit of thrie degreis, fra the quhilk thay all rais in gryte humilitie and reuerence to his Majes- tic And the said Alex r Clerk prouest, in name of the rest and toun of Edinhrugh, maid sum schort speiche, and thairwith pre- Ane gift Kivin to the sentit to his Majestie ane bassein all of gold, estimat to fyve thousand merkis, quhairin wes schakin out of ane imbroderit purs ane thousand golden double angellis, as ane token of the toun of Edinhrugh, thair love and humill service. The King lookit gladlie Tin Marquess of Hamii- vpone the speiche and the gift both, bot the Marques of Hammilton, maister of his Majesties hous, hard besyd, mellit with the gift as dew to him be virtue of his office. Thairefter, the prouest went to Theprouestgoistohorss. his hors in good ordour, haueing ane ritche sadill, with ane blak veiuot fut mantill with pestmentis of gold, and the rest of the fur- The balleis and counsall nitour conforme, who with the bailleis and counsallouris on thair foot attendit his Majestie. a As his Majestie is going wp to the Ane braue company of Over Bow, thair cam ane brave company of tounes soldioui'is, all cled t t he n Kin°g Idi0UriS mCUiS in white satein doubletis, blak veiuot breikis, and silk stokingis, with hatis, fedderis, scarfis, bandis, and the rest correspondent. Thir gallantis had dayntie moscatis, pikis, and gilded partisanis Thay gaird his Majestie. and suche like, who gairdit his Majestie, haueing the partisanis narrest to him fra place to place whill he cam to the Abbay. At Ane 3 speiche. his entrie at the port of the Over Bow he had ane thrid speiche. At the wast end of the tolbuith he saw the royall pedigree of the Kingis of Scotland fra Fergus the first, delicatlie painted, and thair a The equipments of the Provost of of Aberdeen seem to have been of a cost- ly description. In the accounts of the Dean of Guild for the year, from Michael- mes 1632, occur the following entries on this point : — Item, for fournitor to the touns fHtmantill of silk, small pe6mcnts, buccasie and some wel- wet that wanted to outred, conforme to the merchant's particularcompt . £113 10 10 Item, to George Bruce for furneish- ing of the brydill bitt, stirupe irnes, ledder to the harnessing and workmanship, conforme to his particular compt .... 80 8 4 Item, to his man for his drink siluer 2 0 0 ANNO 1633. 35 had ane fourt speiche. 3. At the Mercat Cros he had ane fyft speiche, Ane 4 speiche. quhair his Majesties helth wes hartfullie drunkin be Bachus on the Ane 5 speichc - Cros, and the haill strovpis thairof rynning over with wyne in abundance. At the throne, Parnassus Hill wes curiouslie erectit, all grein with birkis, quhair nyne pretty boyis, representing the nyne Nymphis or Muses, wes nymphis like cled, quhair he had the 6th speiche. Efter the whiche, the speikar deliuerit to his Majes- The (i speiche. tie ane book. And sevintlie, he had ane speiche at the Nether The 7 speiche. Bow ; whiche haill orationis his Majestie with gryt plesour and The Kin;; huiris all delyte, sitting on horsbak as his company did, hard plesandlie, pledSaDdhe syne rode doun the Cannoget to his awin pallace of Holyrudehous, He gois to the Abbay. quhair he stayit that nicht. The prouest with the rest returnit The prouest retnmis home. Vpone the morne, being Sonday and 16th of Junij, he hard home *° Edinbru " h deuotion in the cheppell royall, of his awin cheplane the bischop of The King heiris i mi ii r, articles and returnis. Abay, and sat with the lordis of the articles whill time etternone, syne returnit bak to the Abay be coche, quhair the King of Poles embassadour tuke his leive. Sonday the 23rd of Junii, he cums be coache fra the Abay to He heiris sermon in Sanct Geillis kirk, and hard Johne bischop of Morray teiche in his rotchet, whiche is ane whyte lyning or lavne drawin on abone his The description of ane cot, abone the quhilk his blak goun is put on and his armes throw rotchetandsur P uss - the goun sleives, and abone his goun sleives is also whyte lyning or lavne drawin on, schapin lyke ane sleive. This is the weid of archibischopis and bischopis, and weiris no surpluce, bot churche- men of inferior degrie in tyme of seruice* weiris the samen, whiche is abone thair claithis, ane syde lyning cloth over body and armes like to ane sack. The people of Edinbrugh seing the bischop teiche in his rotchet, Edinbrugh offendit at quhilk wes neuer sein in Sanct Geillis kirk sen the Reformatioun, the Bl?hop of Morr<> >- and be him who sumtyme wes ane of thair owne tounes puritan ministeris, thay war greivit and grudgit heirat, thinking the samen smellit of popery, quhilk helpit to be the bischopis depositioun as efter do appeir. Efter sermon, the toun of Edinbrugh gave the King the banket, The King getis the • •!<>. -I . nil • • i i banket fra the toun of quhuk m ane dyning roume thay had prepairit m sumptuouss and Ediubrugh. costlie maner, quhairby no sermon wes throw all the toun churches. Efter dynner, he went be coache weill convoyit bak to the Abbay. He returns to the Vpone Mononday the 24th of Junii, the toun of Edinbrugh gave The nobiiiis and cour- ane vther sumptuous banket to sindrie nobles, courteouris, and court baX'tfrfEdiXugh 1 !" officiares with mvsick and muche mirriment. Efter dynner, the prouest, balleis, and counsallouris, ilk ane in vther handis, with bair heidis, cam danceing doun the Hie Streit with all sort of mvsick, Grytjoy and mymness- trumpettouris, and drumis, bot the nobles left thame, went to the King and told him thair good interteynnement, joy, and glaidness, The King is weill quhairat the King wes weill pleissit. pieismt. Vpone Tuysday the 25th of Junii the King hard deuotion in his The King heiris deuo- owne cheppell royall : Doctor "William Forbes minister at Abirdein Doctor fo> be? preichis. teichit in his blak goun without surpluce or rotchet. a His text wes His text - 3 Item, debursit be the comptar to hundreth merkis money, to help to de- Doctor Forbes and Doctor Barrone tua fray thair chairges to Edr., being writtin 40 MEMOPJALLS OF THE TRUBLES at the 27th verss of the 14th chepdour of Sanct Johnes Gospell. The English seniice. The Englishe seruice wes said befoir and efter sermon as thair vse wes, the cheplanis and novicess haueing thair white surpluces on. TheBigchopofDum- The bischop of Dumblane, as cheplane of the cheppell royall, had biane had his rotchet n j g ro t c het and whyte sleivis on, bot none of our Scottis bischopis, and no vtner Bischop. •> r ' except he, had the lyk bot onlie blak gounes. The King turns to the Vpone "Wedinsday the 26th of Junii the King cam be coache, con- Artifl s voyit in forme foirsaid, fra the Abbay about ten houris, and sat with the lordis of the articles whill neir four efternone, syne re- Hfreturnis »>e turnit be coache bak to the Abbay. \bbay. _ J The King cumis to the Thuirsday the 27th of Junii the King, be coache convoyit in forme f oirsaid, cam fra the Abbay, and sat with the lordis of the articles whill thrie efternone, quhair then all materis wes concludit and he returnit bak be coache. The Parliament riddm Vpone Frydday the 28th of Junii the Parliament wes riddin agane to the King, and his thrie estaitis in maner formerlie set Giencaroe heiris the doun, except the Erll of Glencarne bure the scepter, quhilk the suffbik rydis on the °^ Rothass bure the first day, and siclike the Erll of Suffolk Kingis richthand. ro( ] e V pone the Kingis richt hand, and another Englishe lord on his on tL I n DeU h '■ Lord -' left hand; and the Marquess of Hammiltoun, as maister of the [ h * n h n>at . oun ,n:iister of Kingis horsis, rode directlie behind him, haueing led at his bak ane statlie horss with caparisoun led in ane manis hand : And in this ordour, in thair Parliament reid roabis, thay cam ryding fra the Thay go into the Pariia- Abbay wp the get and lichtit, syne went in altogidder to the Par. Ratefeis the actis. syne liament houss, and thair ratefeit the haill actis maid and concludit befoir the lordis of articles, efter the samen wes first voicet and votit about be the lordis of Parliament, and thair actis ordanit to be imprintit; and so the Parliament rose wp the foirsaid day. The King > . itis i.eiris The King restit vpone Setterday the 29th of Junii, and hard de- uotioun within the cheppell royall vpone the morne being Sonday. The King passis to sport Mononday the first of July the King dynit in the Abbay, syne past to sport and recreat himself to Linlithgow, Dumfermling, and lie retumis lo Brunt Falkland, and cam bak to Brunt iland, schippit, cam over the water- ane boit perishes! water and saiflie lodgit in the Abbay that nicht. Bot as he is on the water, in his awin sicht thair perishit ane boit following efter him . for be the Archbishop to teache befoir the of counsallis, £133 6 8 Kingis Majestie, conforme to a warrand (Accounts of Treasurer of Abdn. 1632-3.) ANNO 1633 41 haueing within hir about 35 personis of English and Scotis, his owne domestik seruitouris, and tuo onlie escaipit with thair lyves. His Majesteis siluer plait and houshold stuff perishit with the rest. A pitiful sicht no doubt to the King and the haill beholders, whairof Pitifull to sit 1 . the like wes neuer sein ane boit to perish betuixt Brunt Hand and Leith in ane fair symmeris day, but storme of wether, being the tent of July. Bot it foirtokint gryte trubles to fall in betuixt the a prodigious token. King and his subiectis, as efter do appeir. The tent of July being Wednisday, the King stayit all nicht in The King st.-ms in i the Abbay, Thuirsday and Fryday. The Marquess of Huntlie, in- A tending to keip this Parliament, cam to Kandechyll, a quhair he thair The Marques cumis fell sek, bot he send his ladie with the ladie Aboyne to complane vnto his Majestie anent the fyre of Frendracht, who took thair Abo * n t0 the awin tyme alss commodiouslie as thay could, and accompaneit with ihay mak thair corn- sum vther ladeis in mvrninge weid, pitifullie told the King of the mvrther done be the fyre of Frendracht, humelie craveing at his handis justice. The King with gryte patiens hard this complaint The King hems pa- quhilk he bevailet, comfortit the ladeis the best he could, and pro- promlSs justice, mesit justice. Thay could get no moir for the present, bot humelie took thair leives at the King, and returnit to thair lodginges, sie Thay tak thair lehis. moir the same syd. Aluaies the King, vpone Setterday the 13th of July (mynding for The King rydis to Se London) rydis to Seytoun from the Abbay. He wes honorablie ' " un ' convoyit be nobles and toun of Edinbrugh. He stayit that nicht in Seytoun weill intertynneit. Vpone the morne he hard thair deuo- tioun, and held his counsall efternone as the English custom wes. And vpone Mononday the 15th of July, his Majestie rode fra He rydis to London. Seytoun, and sua furth from place to place whill he cam to London, saif, haill, and sound, praisit be God. It is said his Majestie com- D ' This was an ancient seat of the 1835.) ' Sequitur in eadern ripa Kean- Gordons in old times [on the south side of na-Kyll (quae vox caput silvae significat) the Dee, about three miles below the amoena arx, a Marchione Huntilaeo, town of Ballater,] when it was called ante non multos annos, ad secessum Candecaill, which, it is said, is a Gae- voluptarium condita, loco undique silvis lie word meaning head of the wood. Little opaco, piscatui, cervorum et damarum of the Castle now remains but part of a venatui, aucupio etiam opportuna.' (Col- wall, which forms the west gable of the lections on the Shires of Aberdeen and house, now built on the site of the old Banff, p. 25, quoting description in Blaeus Castle.' (A Guide to Deeside. Aberd. Atlas by Robert Gordon of Straloch.) 42 MEMORIALLS OF THE TRUBLES The ladie Marchioness md ladie Aboyn bydis in Edinbrugh. Johne Meldrum is put to ane tryell. He is accusit and denyis. Jle is recxaminat. He is found variant. He is put to the tryell of ane assise. Hangit, hcidit, and quarterit. ■ Johne Toshea is still keipit in waird. The ladyis return is to Kandeehyll. The Marquess eumis home. The laird of Dunkintie and his eldest sone murdreist. mendit our Scottish intertynnement and braue behaviour, albeit sura lordis grudgit with him, as ye haue folio 43, quhilk bred muche sorrow. His Majestie gone to London, the ladie Marchioness and ladie Aboyne bydis still behind him in Edinbrugh, vsing all the menis thay could for tryell of this fyre of Frendracht. At last scho caussis put Johne Meldrum and Johne Toshea, whome ye hard wes wairdit in the tolbuith of Edinbrugh abefoir, folio 8, to ane tryell. And first the lordis, vpone the second and thrid dayis of August, began to accuse the said Johne Meldrum what he knew anent the said fyre, and thairwith examinat him vpone certane speiches quhilk he, as wes alledgit, had spokin concerning that purpose. He vtter- lie denyit all, and what he said wes all writtin. Thairefter the lordis begins another day to reexamen him, could fynd no licht, yit fand him variant fra his first declaratioun in sum circumstances, and thairfoir the lordis schortlie referis him to the tryell of ane assise, quhair he wes convict and condempnit to be hangit to the deith at the Cross of Edinbrugh, his heid to be struckin fra his schulderis, and his bodie demamt and quarterit, and set wp on examplarie places within the toun in example of vtheris to do the lyke. He wes execute vpone the day of August foirsaid, and deit but ony certane and reall confessioun, as wes said, anent this dulefull fyre. a All this tyme John Toshea wes kepit in strait waird, yit is put to no tryell vpone quhat ressonis I can not tell. Whairvpone the ladeis left Edinbrugh efter Johne Meldrum's executioun, and cam to Kandeehyll quhair the Marquess wes attending thair cuming, leav- ing Toshea to his tryellis as ye haue heirefter, folio 24. The Marquess with his ladeis cums fra Kandeehyll to Strathbogie, vpone the 5th of September, and from that to the Bog vpone the 17th of September, sie moir folio 24. Alexander Gordoun of Dunkyntie, and George Gordoun his eldest sone, with some seruandis, being at the huntis in Glenelge at the heid of Strathavan, wes vpone the nynteint of August cruellie mvrtherit be certane Hieland lymmaris. Like as the laird and his 3 See Appendix, " Fire of Frendraught." ANNO 1633. 43 sone in thair defenss most valiantlie slew thrie of thir louns, bot Thay bin a lymmaris craftellie thay presentlie yirdit in ane hoill tua of tbame, and the The rest escaipis, thrid thay left lying abone the ground, syne went thair wayis thair awin get, of whome neuer tryell yit could be gottin for all the Mar- quess of Huntlie culd do, thay being his awin brother sone, a and brother oy whome thir lymmaris had killit without ony known causs. Dunkinteis second sone getting aduerteisement of this wofull Dunkinteis secund sone mvrther, convenis sum freindis suddantlie, and takis wp the corpis takls wp the 001 pis ' of his father and brother in tua kistis. The heid of the thrid An resoluit to keip the dur with the vther tua alss long as thay micht, and shot out arrowis at tua wyndois, that few did venter to cum neir the dur except thair capitane cam feirslie forduard to persew the dur, quhilk the said James Grant perceiving and knowing him weill, quiklie bendis ane hagbut and lie schootis thai,- ca pi- schootis him throw both thies, and to the ground fallis he. His men leavis the persute and lovpis about to lift him wp agane. Bot as thay ar at this wark, the said James Grant with the vther James Grant escaipis * ua l°vpis fra the houss and fleis, leaving his wyf behind him. Bot he is scharplie follouit and many arrowis wes schot at him, yit he wan away saiflie to ane Bog neir hand by with his tua men. rhis capiteu caiiit Pa- This Patrik Ger deit of this schot within schort whyll, a notta- bill theif, robber, and briganner, oppressing the countrie people quhair euer thay cam, and thairfoir thay rejoisit at his death to be quyte of sic ane lymmar, and praisit the said James Grant for cut- ting him af, sie moir of him, folio 28. Thomas orombie schiref At Mihaelmes 1633, Thomas Crombie of Kemnay wes be com- missioun maid schiref principall of Abirdein, and Mr. Alex r Mr. Alex r M c Keng/.ie M'Kengzie of Kilcowie maid schiref of Innerniss in like maner, to licbiref of Innerniss. • j r indure for ane yeir. tril; Cor, a notable lymmar ANNO 1634. 45 ANNO 1634. In the moneth of Januar 1634, thir lawless lymraaris of the for- T1 >e McGripour spoizeit • it n hit /— . . i i • 1 <• -n 1 i> Fiendrachtis boundis. hiddin name of M'Grigour, cam to the laird ot 4rendrachtis boundis and took or stall away 200 wedderis as wes reportit. About this tyme Doctor Williame Forbes, ane of the ministeris at Doctor Forbes cons,- Abirdein, wes transplantit thairfra to the toun of Edinbrugh, quliair biugh! SCh ° P in Februar thairefter he wes with gryte solempnitie consecrat bischop of Edinbrugh, and schortlie thairefter transportit his wyf and children, goodis and geir, fra Abirdein to the said brughe. a This man wes the first that euer wes maid bischop of Edinbrugh, and contynewit schort while, for vpone the 12th day of Aprile, in the said yeir 1634, he depairtit this lyf, efter taking of sum phisick, sitting He depairtis tins iyf. in his owne chear suddantlie, a matchles man of lerning, languages, a singular man. vtterans and delyuerie, ane peirless preichour, of ane grave and godlie conversatioun, being about the age of 44 yeiris. Ye hard befoir, folio 22, of Johne Toshea : This fellow wes one of Frendrauchtis domestik servitouris, and one who wes in the houss the tyme of the fyre, and very suspitious to be vpone the knouledge thairof. Thairfoir the Marquess resoluis to put him to Tlie Marquess with his it n n> • i t i • • lady intendis for Edin- ane tryell, and to that effect he with his ladie takis journey touardis bn.gh. lie fains seik Edinbrugh, hot be the way he fell seik in Kandechyll. The ladie in Kandicl ' y11 - Marquess leavis him thair and rydis forduard to the said brughe. scho rjdis forduard. Scho causis scharplie accuse him vpone sindrie suspitious poyntis. j0 hne Toshea is accusit He denyis all. He is put to the tortur and callit in the bootis, he and : He is t , tor - » i ' turit ; confessis nothing. confessis nothing. Thairefter scho desires him to be put to the Sch0 des y ris to be ■ «... . put to ane assise. tryall of ane assise, quhilk wes refuisit, saying none suffering tortur it is refusit. and confessing nothing be the lawis thairefter sould be put to the a In the discharge of the accounts of burgh, the magistrattis and remanent of the Dean of Gild, for the year 1633-4, the tounes ministers being present are the followina; entries indicative of the tliairat £32 18 0 Item to the violers that nicht, . . 0 12 0 kindly feeling which existed between i te m for wyne, cariet to the Crabstane Doctor Forbes and his constituents : — at the said Doctor Forbes depar- ture, 280 Item debursit for ane supper in Gilbert Ander- A notice f pj p , m , f d . sonee houss, maid to Doctour Wuham . , Q , . " ... Forbes, minister of this burghe, before he Gordon S bcot S attairs, vol 111. p. 241. went south to be inaugurat bishop of Edin- See also Appendix to this volume. 46 MEMORIALLS OF THE TRUBLES tryell of ane assise ; and this wes vehemently pleadit be the said Johne Tosheas awin lawieris, quhilk Frendracht had for that effect Hi- sittis at thecrossand secreitlie imployit as wes alledgit : and in end he wes ordanit to sit SubStT n?^ at the cross of Edinbrugh with the myter on his heid, be the space returnis to Kandechyii, f t houris, for some speiches he had spokin aganis the Marquess. b and the -Marquess ana 7 r . scho rydis home. s 0 i n J U nii he wes put to libertie, bot how this gvyess went ye sail heir, folio 46. The lady rydis bak to Kandechyii quhair the Mar- ques wes, and both returnis home. Efter the killing of Patrik Ger, as ye haue folio 23, thair brak Lounis herryis Morray. out a number of Hieland lounis and heiryit the brayis of Morray, the victll deir at xvi merkis the boll, yit ane of thir louns callit DonaidMcKenziehangit. Donald M'Kengzie wes takin be Mr Gawin Douglass, sumtym prouest of Elgyne, presentit to the schiref of Morray, assisit, con- vict, and hangit to the deith vpone the 28lh of August, quhilk ef- frayit the rest of the lymmaris fra thair robbrie and oppressioun. Pn ndrachtis goodis j u September thair cam ane company of Hielanderis and liftit out of Frendrachtis ground ane number of goodis. Bot Frendracht him He rescewis them self with sum horssmen follouit scharplie, and brocht bak his haill goodis agane, but straik of suord. It wes vehementlie suspectit that The Gordounis suspectit. the Gordonis war the out hounderis of thir Hielanderis, of verie malice aganis Frendracht for the fyre foirsaid. Thomas Cromby schiref At this Michaelmes Thomas Crombie of Kemnay contynewit Mr Alexander M^venzie schiref principall of Abirdein for ane yeir; and Mr. Alex r M'Keng- Schiref of Innerniss. . . , .. « • n n t •j'xij.j, zie bkuaies contynewit schiref or Innerniss tor that tyme. Frendrachtis grounds In October thair cam doun certane Hilanderis agane to the boundis of Baneshoill and Auchintynder, perteining to Frendracht, and took away thriescoir nolt and ellevin scoir scheip or thairby, but reskew or recoverie bak agane. a ■» The treatment which the country- people experienced at the hands of these Highlanders, may be judged of from the following notice in 1634, of the oppres- sions of the ' broken men of the Clan- Gregour, Clan Ranald, Clan Lachlane, and other broken Clans, dwelling under the Laird of M'Gregour, the Laird of Glengarrie, Allan M'Eane Davy and his sonnes, the captane of Clan Ranald,' committed by them in the shire of Moray. ' Thay came to the hous of Chalmer in Ormestoun, band himselfife and his wife hande and foote, spoyld his hous, and reft and away took ane thousaud pounds or thairby ; and thairefter, thay in lyk maner spoyld and herryed the nous of Andro Geddes in Gairmo'. and . . . they came to the hous of Johne Mair in Braemurry, and robed and spolyed the said Johne of his goods, and gave Mr. James Cuming, being in the ANNO 1634. Schortlie thairefter, thair cam in to the countrie about GOO Certan Hilamleris brnkis Hielanderis of the Clangrigour, Clanchamaron, and vtheris all d^ n ™p a h 0 t ok ""' "° r footmen, and opinlie declairit thay had takin pairt with Adame Gordon of Park, Johne Gordone of Innermarkie, and vthers the freindis of the lait brynt laird of Rothimay, 3 and wold sie the samen revengit. Frendracht heiring this, he suddantlie raisis about tua Frendracht rysis and hundreth foot and ane hundreth and fourtie horss, and socht thir sca 61 people out, who, luiking for no sic on-set, lay scatterit and dispersit fra vtheris throw the country, and fynding thay war not abill to gather suddantlie togidder to meit thame, ilk man fled and schiftit for him self, but moir ado. Frendracht seing thir daylie perturbationis, leaves his ladie in Frendracht rydis south. hous for the tyme, elliven wounds with his awin durke, Lykeas in the moneth of Junii last, they violentlie lifted and away tooke ane heirship of fiftie heid of oxin aff the month of Dolleis, &c.' (Records of Justiciary.) Adam Gor- don, brother of the Laird of Park, and his allies were in the following year accused as the authors and com- mitters of the late disorders and in- surrections in the north, and ' of the heir- ships, depredations, fire raisinges, and others heavie oppressions committed upone the laird of Frendraucht, his tennants and servants, whois haill goods they have lifted, laid thair lands waist, hanged one of the poore tennants upone the gallowes of Strathbogie, burnt the said laird of Frendraucht his barn yaird, and compellis such of the tennants as remaines upon the ground to pay thame blacke maill ; and with ane high hand of rebellion they haue resolved to make thameselffes maisters of the said laird of Frendraucht his estait, and to possesse thame selffes thairin, and to keepe the same by strenth of armes, in contempt and defyance of his Majesteis royall auchtoritie, being assisted in thair re- bellions by nombers of brokin Hieland men, and others, with whome they go up and down the countrie ravaging and op- pressing his Majesteis good subjects, and speciallie poore ministeris who are not of power to oppose thair violence, and that in so hostile and terrible ane manner as the like hes not beene heard of at anie time heretofore.' (See Appendix, ' Bro- ken Men.') a William Gordon, the first of that name, Laird of Rothiemay, was the eldest of eight sons, whom John Gordon of Cairnborrow, their father, led to the vic- torious field of Glenlivat in the year 1594. The Earl of Huntly, it is said, urged the father to stay at home, but the old man disdained the counsel, replying: " Na, na, my Lord, I'll bleed the whelps mysell, they'll bite the better." (Statist. Ace. of Scot., vol. xix., p. 294. Edin. 1797.) The old Laird purchased estates to most of his sons, who thus founded many of the families metioned in the text. Besides the lands of Rothiemay, which he pur- chased from Sir James Stewart of Kil- leith, he acquired by purchase the lands of Park, the lands of Invermarkie, the lands of Glenbucket, the lands of Edin- glassie and Glenmarkie.' " Besides which large property, he had a wadset upon Airtloch : he bad the property of Auch- nahandak in Glass : he had also wadsets on Gollachie and Dallachy in the Lord- ship of Enzie, and Tilliegreg in Udny.'' (MS. Notes of the late Mr. Wm. Rose.) is MEMORIALLS OF THE TRUBLES Thair nameis. Kinardie, a and vpone the aucht of November rydis south, tua and him self, quyetlie to Edinbrugh. DiuerssGordounsbrakis Thairefter brakis out oppinlie a number of the name of Gordoun, out aganis Frendracht. w ; t]l faair freindis and folloueris, sic as Alex r Gordoun, eldest lauchfull sone to Johne Gordoun of Innermarkie, Capiten Adam Gordoun, secund lauchfull sone to Schir Adam Gordoun of Park, Johne Gordoun in Auchinreth, Williame Gordoun brother to Johne Gordoun of Auchinhandak, Williame Gordone, sone lauchfull to Robert Gordoun of Collathue, James Gordone, sone to Patrik Gordone in Sutherland, Nathaniell and George Gordonis, sones to Johne Gordoun of Ardlogie, Johne Gordone, sone to Johne Gordoun of Littill Mill, James Gordoun, sone to Gordoun of Ballormy, Alex r Leith, brother to the goodman of Harthill, Robert Douglass skynner in Elgin, Duncan Brabner and Williame M'Gillivoriche, seruitouris to the laird of Park ; and diuerss vtheris freindis and fol- loueris. Thir gentlemen taking the fyre of Frendracht havillie to i hi s ar" suorn t« re- hairt, and seing no redress thairof be law brakis out, ilk man suorne vcnjji! tlic tyre of fr<. - n~ • * * * to another to leve and die with vtheris, and vowit to revenge thame selfis vpone the laird of Frendracht be way of deid. Thay spoiizie goodis, ' And first thay began and spolzeit a number of cattell and scheip "ilp S o!!rofFtmirac',? t l fra the ground of Frendracht, and avowitlie had thame to Bryak fair and sold ane kow for ane dollour, and ane scheip for ane groat (quhilk wes veray cheap) to hold siluer amongst thair handis. Thay spoilzie Mr. Alt!' Thay spolzeit fra Mr. Alex 1 " Innes, minister at Rothimay, his ryding ThayVpprets Mr. horss. Thay took sum moneyis fra Mr. Robert Jamesoun, minister Robert Martync jame- a j. Mairtyne kirk, violentlie and maisterfullie, with sindrie vther eouii.| » ' ' a Kinnairdy, which formed part of the in the lands about 1670. He disponed extensive barony of Aberchirder, was the same to David Gregory his son, pro- purchased, in the year 1626, along fessor of mathematics in the College of with other lands, by the laird of Fren- Edinburgh, in 1690 ; and in 1704, the draught, from Sir Robert Innes of said David Gregory, now professor of Innes; and 'the place' seems to have astronomy in the university of Oxford, been the principal residence of the family, with consent of Isabel Oliphant his after the destruction of the Tower of spouse, sold the barony to Thomas Frendraught in 1630. About 1646, the Donaldson, merchant in Elgin. From lands were apprized, from the Viscount this family the lands passed into the pos- Frendraught. by Mr. John Gregory, session of the noble family of Duff, the minister of Dalmaock. His son, David present owners. (MS. Notes of the late Gregory, made up titles, and was infeft Mr. Wm. Rose.) ANNO 1G34. 4!) outrages in the countrie. Sum of thir gentlemen hapnit to be drinking in Tullisoull, 8 quhair they took ane callit Thom- soun direct out be Frendrachtis freindis, as ane spy to heir thair discourss. Thay speir at him quhairfoir he cam thair. He dashis and declairis he wes hyrit to go out and avait vpone them, and to lerne what thay war saying or doing, and to report the same bak agane to Frendrachtis freindis who had send him out. Vpone this con- Thay causs hang ane r • j. n j • i» j.1 i ii i man at Strathbogie as tessioun, but torder justice, thay garis hang the poor man most ane spy cruellie vpone the gallouss neir to Strathbogie. The goiss symmer matchles fair in Morray, but wyndis, weitis, or tiu- goiss symcr fair, ony storme, the comes wes weill win. The gardyne herbis revivit, jonet flowris and roissis springing at Martimess, quhilk myself pullit. The keall cam to seid and schot, and the Marche violetis springing and spredding as in Aprile. Vpone the day of Alex r Leslie suddantlie killit Adame Gordone killit. Adam Gordoun, sone to Johne Gordoun of Curridoun, quhilk wes neuer repairit nor pvnishit for all his gryte freindschip. Vpone the 15th of November, thir Gordouns raisit out of the Tliir Gordonis gpolzeis ground of Frendracht about 13 scoir of nolt and auchtein scoir of callis them to Strath- scheip, callit them to Strathbogie, and fynding the Marquess not to bogie be duelling thair, thay maisterfullie dang wp the vtter court yettis BraUis wp durris and and callit in the goodis within the cloiss, brak wp the stabill durris yetis and took away tua of the Marquess best horss, and thairefter thay Ta ki S tua of the Mar- took out of the stables of the Bog thrie vtheris of his sadill horssis. ' iues * horss ' and thrie ° " out of the Bog. quhilk wes thocht to be done be collusioun, sie folio 27. Vpone the 23rd of November, thay brynt wp the corne yaird of a The ancient name of the village from a gentleman's mansion house, now represented by the flourishing whither the servants or horses of his town of Huntly was Tirriesoul. On guests are sent when he does not choose 3rd July, 1545, George, Earl of Huntly, to entertain the former at his own expense, got a charter, under the great seal, ' super The person employed is often an old ser- erectione ville de Tirriesoul in liberum vant of the family, who is allowed to sell burgum,' (MS. Collections of the late corn, hay, &c, for his own sustenance Mr. Wm. Rose.) Several members of a and for the accommodation of visitors.' family of the name of Duff, designed ' of (Diet, apud ' Tilliesoul.') In the re- Tirriesoul,' are on record in the early cords of the Privy Council, James Gor- part of the seventeenth century. (Ibid.) don is designed " of Tilliesoull ;" our ' Tilliesoul ' or ' Tirriesoul,' according to author calls him " ostler at Tilliesoul." Jamieson, is ' a place at some distance G 50 MEMORIALLS OF THE TRUBLES. Tha, bime ii.e corn the Maynes of Frendracht, quhairin thair wes standing fourscoir yairdisof Frendracht. g^akis Prendracht is stiii in Frendracht wes forsit to suffer thir outrages patientlie, and bydis fhe?ord"f 9U!,plicating in Edinbrugh supplicating the counsall daylie for redress, who Th L.v send to sumound directis out ane herauld callit Johne Malcome, with ane trumpetour callit Alex r Fergusoun, to summond thir misdoeris at the marcat crossis of Abirdein, Banf, Elgyne, and Forress, to compeir befoir the secreit counsall the 16th of December, and alss vpone the 13th of Januar thairefter, 1C35, respectiue, to ansuer to thir complaintis ; and And to charge the Mar- siclike to charge the Marquess, tuelf barronis, tuelf gentilmen, and tuelf ministeris, personallie, or at thair duelling places, to compeir befoir the lordis the samen dayis, for giveing thame informatioun of thir disorderis wnder gryte panes: The herauld in his cot armes with sound of trvmpet vsit thir charges, conforme at the cross of Abir- dein and Banff ; and cuming fra Banf to Elgyne he meitis with ri,e herauki meitis with Capiten Gordoun and the rest to whome he told his commissioun, mates Ms dirges. and maid intimatioun of his charges to the said capiten and the rest present, chargeing them to compeir the dayis respectiue foir- saidis, who at the giveing thairof wes weill feirit for his lyf. Capi- The capitans ansueris. tane Gordoun disci'eitlie ansuerit thair blood wes takin (for the most pairt wes cum of the houss of Rothimay, kyn, freind, or allya) be fyre most cruellie within the houss of Frendracht ; justice is socht bot none can be found, quhilk maid them disperatlie to seik revenge vpone the laird of Frendracht, his men, tennentis, and servandis, at thair ovvne handis ; bot as to the rest of the Kingis leiges thay wold offer no iniurie without thair owne procurement. The herauld glad of this ansuer, and blythe to wyn away with his lyff, took n, herauld takis his his leve, and the trvmpettour soundit who wes with him, to whome The trumpettour getis the capitane gave fyue dolleris of wages. The herauld abefoir had summondeit the Marques personallie in the Bog, and wes weill intertynneit. Thairefter he went to Elgin and Innerniss and maid The herald retumia proclamatioun of his letteris, syne returnit home in peace efter he had done all his effairis, sie moir of thir charges, folio 30. The Gordouns caiiis the Ye hard in the vther syd how thir brokin men had callit to Itrathbogie. * imay '* Strathbogie the goodis of Frendracht. Vpone the morne thay callit them thairfra to the place of Rothimay, quhairin the ladie with hir dochteris wes then duelling. Thay enterit the houss maisterfullie, ANNO 1634. took the keyis of the yettis and durris, syne schot the lady with hir Thay enter the piac< dochteris to hir owne yit to ane kilbarne quhair thay remanit, hot y" t {" 8 the ' a ' ly to the this wes done with consent as wes thocht. Thus haueing manit this strong houss, thay took it wp royallie, and causit kill al Thi »y tak w p tlu h0U8S ■ it i ■ • • i i i i j j ci i an(1 maliis e«°\ n ler tryst. The maner how . releif. The young man wes weill pleissit to pay his fatheris debt according to his promeiss, albeit he was nather air nor executour to him ; yit his goodfather seing he culd not be compellit be law to pay his fatheris debt, wold onnawayis consent thairto, Follouit gryt outcrying aganis him, freindis met and trystit, at last it resoluit in this : The creditouris compellit the cautioneris to pay thame com- pleitlie, to the haserd of sum of thair estaitis, and thay gat sum re- leif, vtheris litle or none ; whiche maid the distressit gentilmen to pray mony maledictioun, whiche touchit the young manis consciens, albeit he could not mend it : And so throw melancholie (as wes thocht) he contractis ane consumeing seiknes quhairof he deit, leav- ing behind him ane sone callit Johne in the keiping of his mother, and left the laird Innes and hir to be his tutouris without advyss and consent of his awin kyn and freindis, quhilk suirlie is to be markit, considdering the wordlie cair and gryte conquess of the goodschir to mak wp ane estait, and syne to fall in the government of strangeris. This youth deceisit in the place of Inness, and wes bureit besyd his father in his goodschiris Iyll of Kinedour. Ye sie, folio 23, how James Grant escaipit fra the M c Grigour. Fra that tyme he wes not publictlie sein, bot leivit obscurelie, yit wnder this thair lurkit sum poysoun as ye sail heir, whiche was young Ballindallache and he wes quyetlie wnder trysting vnknowne to any. And vpone the sevint day of December in this year, 1634, being Sonday, Elspet Innes spous to the said James Grant cam wnder nicht to the yet of Petchash, the laird sitting at his supper, knokit, wan in, and roundit in his eir sum few wordis. Schortlie thairefter he rysis, (efter the burde is drawin) takis his wyfis plaid about him, with his suord and his targe in his hand, forbidding any to follow him, and furth at the yet gois he, bot his awin wyf wold not leave him. So he and scho and James Grantis wyf all thrie gois to Ballindallachis awin milne of Petchash, quhair the tryst wes set, and James Grant wes with tuelf men lying secreit, by Ballin- dallochis knouledge that he had ony men. Aluaies James Grantis wyf cryis the watcheword, quhairvpone he cums out of the milne, him self allone schook handis with Balnadalloche and kissit his wyf. And immediatlie thair rushit furth of this milne the foirsaid tuelf men, laid handis vpone him and his wyf both, and trecherous- ANNO 1634. 53 He tuke them to Culquohe, thrie myllis fra Petchash, quhair thay stayit short while, syne raiss wp (leaving his wyf behind him thair) and hyne go thay, bot sho returnit home to Petehashe with a wo His w y f 8 ois home hairt, as al the houss had. Aluaves thay trauellit vpone the nicht J "»^ s ©rantis traveiiis , . , , . with Ballindalloch. in obscure wayis, crossing and recrossing burnes and wateris that Ballindalloche sould not suspect the wayis. And thairwith he is changzeit be the arme to the arme of another strong lymmar and He is chanzyeit and pit lokkit fast togidder, with his face musled that he michfe not sie. " ' e a " ' ' Thus thay trauellit ; Ballindallache alledgit it wes foull play wnder lie complains on his trysting to haue vsit him so. James Grant ansuerit, he had ressone misvsage - for tua caussis. 1. He promesit to get him ane remissioun befoir James Grantis ansueris. Lambes last, quhilk wes not done. 2. He had delt with the Clan- grigour to tak his life. Howsoeuer the mater wes, James Grant brocht him to Thomas Grantis houss, duelling at Dwadeis thrie n quhilk maid them heichlie iha, ar offendit. offendit, schot pistollis at Robert Gordoun, bailie of the Engzeis houss, syne went thair way, sie moir, folio 34. ANNO 1635. 61 Vpone the tent of Marche, the Clangrigour took ane Donald Donald Cuming siayn. Cuming in Glenraness, who wes with James Grant at the slauchter of Patrik Ger. And in the same place quhair he wes schot thay cruellie slew him with durkis. Thay also, vpone the 18th of Merche, slew Fyndlay M'Grimmon ane follouer of Carroun's, and Fyndlay M'Grimmon who wes the instrument of his death, for Carroun manteynd him " Uyne - aganis Ballindalloche as wes said, and he (weill worthie of deith) as a gryt lymmar wes thus cut af. Thir lawless M'Grigour, wnder cullour of seiking James Grant, The Clangrtgour gryt opprest the countrie wp and doun, sorning and taking thair meit, opp,e " s """ v defloiring virgynes and menis wyves, and begetting of barnes in hourdome, without pvnitioun quhaireuer thay went. The laird of Frendracht is not sitting idle. He purchessis fra Frendracht purchesis the counsall ane commissioun, direct to George Baird of Auchmed- schir^""^.!'" t° den, schiref principall of Banf, to tak the lady of Rothimay and the ladJ Koth ™ay. man the place, who did so and convoyit hir to the schiref of Abir- „ r J He mams the houss and dein, who convoyit hir to the nixt schyre, and sua fra schyre to takis birae if. schyre quhill scho wes brocht to Edinbrugh. The schiref of Banf seho is had i.. Edin- set in the place tuentie men to keip the samen, who wes sustenit brugh - vpone the ladeis charges and expenssis. Scho is brocht befoir the counsall and accusit for recepting of thir brokin men, who denyit Sch0 is acousi t befoir the samen, saying thay took in hir houss perforce, and schot hir self H^ansuer with hir barnes to duell in the kilbarne. Neuertheless in the moneth of scho is wardit, and in July thairefter scho is re- S cho is wardit. movit from cloiss waird, and gat libertie to walk wp and doun the oetis s um iiberti toun vpone setting of cautioun that sho sould not go without the portis indureing the counsallis will. Thus is this dulefull lady vsit, scho is evm vsit. who had hir husband slane and hir sone brunt. About this tyme the lord of Balmyrrinoche is put to the tryell of The lord Baimirrinoch ane assise, and convict in certane capital poyntis. The judge con- accuslt and convict tynewis his doome quhill he wreitis to the King, who most gratious- lie remitit him his lyf, ordaining him to be confynit within sex The King remitis him. my] lis to his duelling of Balmyrrinoche during his lyftyme. Thair- efter gat full libertie, to the Kingis gryte greif for this his good- He is evui acquyte. ness, sie folio The M'Grigour oppressis the landis of Bahveny. The laird Tlie ciangregour cheasit sendis for ane commissioun, and in Aprile he sendis out his eldest L " G2 MEMORIALLS OF THE TRUBLES sone with ane company, who cheassit thame and pat them all to flight, quhilk the Clangregour forgot not as ye sail heir, folio 36. The Marquess eumis to Ye heir on the vther leaf of the Marques of Huntlie. He stayit strathbogie. « n p^inbrugh, an( j vpone the sext of Maij he, his ladie and tua oyis, Haidis anc court. cumis hame to Strathbogie. Vpone the morne he haldis ane court, and sendis out his sone Adam [and] James Gordoun of Letterfurie with seikis thir brokin men. ane company to go serche, seik, tak, and aprehend thir lawles men of his name and thair folloueris ; quhairvpone James Gordoun callit the soldiour, Johne Gordoun, sone to Littill Mill, Johne Gordoun of Sum schipis and this. Drumdelgy, and James Gordoun, sone to Ballarmy, fled, schippit at Cowsie over to Ross to Cathness, and fra that furth of the king- The rest foiiouis. dome, so ilk ane of the rest fled and left the countrie perforce. The Marquess cumis to This being done, the Marquess with his ladie and the rest cums the Bos " vpone the 17th of Junij to the Bog. Frendracht retumis The laird of Frendracht byding still in Edinbrugh fra November 1634, to about this tyme, and heiring of the Marquess procedur, and that he had set cautioun, returnis fra Edinbrugh the moneth of Maij to his awne houss of Kinordy, thinking to leive moir peciablie nor befoir, sie folio 36. Letterfurie hes to Edin- James Gordoun of Letterfurie went to Edinbrugh and reportit the dSsfLdTum'Touns Marquess dilgens anent thir brokin men, and had over the heidis of heidis - certane louns quhilk the Marquess causit execute for thair odious mi , „. , . .„ faultis, quhairof the lordis thocht muche good. And the said James The lordis thinkis Weill ' * 0 of this, jit wui haue the Gordoun, for him self, offerit to enter his persone in waird conforme Marquess cum him self. . - «a * to the last act, bot vpone tyndmg ot new cautioun he gat hbertie Letterfurie setis cau- to returne home agane, yit resoluit to haue the Marques him self cumi's home' 1 " " lf a " d *° &* ve accompt of his diligens befoir the counsall, conforme to the last act as he did, sie the vther syde. The monster scin in In the moneth of Junij thair wes sein in the river of Done ane ThTdescriptioun monster like beist, haueing the heid like to ane gryt mastif dog or thairof. swyne, and handis, armes, and papis like to ane man, and the paipis seimit to be whyte. It had hair on the heid, and hynder pairtis wes sein sum tyme above the water, quhilk seimit clubbish, schort leggit, and schort futtit, with ane taill. This monster wes sein it is sein swyming swyming body lyke above the water about ten houris in the morn- abone the water. i n g } and contynewit all day, visiblie swyming abone and beneth the brig without ony feir. The tounes people of both Abirdeinis cam ANNO 1635 63 out in gryt mvltitudis to sie this monster. Sum threw stanes, SUm The people castis statu !S schot gvnis and pistollis, and the salmound fisheris rowit cobles and JiV^ne!" ** L °' netis to catche it, bot all in vane. It neuer shrinkit nor feirit, bot wold dovk wnder the water snorting and bullering, teribill to the heiraris and beholderis. It remanit tuo dayis and wes sein no it remanit tuo day*. moir ; bot it appeiris this monster cam for no good to noble Abir- dein, for soir wes the samen oppressit be gryt trubles that fell in a prodigious toki.i for the land, and gryt skaith thay sustenit be schip wrack, as in thir Abir em ' notis do planelie appeir. Ye haue befoir, folio 30, how young Ballindalloche mervalouslie Ballindalloch takis escaipit out of the killogie. He restis not whill he gat ane com- ^th^um^theri'who 16 ' missioun, and takis Thomas Grant goodman of the killogie, rece P' James (;ra,,t Grant his sone, Patrik Anderson in Elchess, with tua vther fellowis who wes the ordiner recepteris of James Grant foir said. He, vpone the thrid of Julii, brocht them to Elgyn, presentit thame to the Thaj ar wardit iu schiref deput, who receavit and wairdit them in the tolbuith thairof. E >sy ne - . 1 Tuo cscaipis. Tua of thir lymmaris wan away by wirking out ane hoill wnder the dur thrashell, and vther thrie wes convoyit to the schiref of Banf, and sua furth fra shyre to schyre quhill thay war brocht to Edin- The rest had to Edin- brugh, quhair Thomas Grant wes hangit to the deith for recepting Thomas Grant is hangit, of James Grant in the killogie, and not reveilling to Balnadallachis b"fJ s l hrt Vtheris freindis quhair he wes. The vther tua wes baneshit out of Scot- land for euer, sie moir, folio 37. Vpone the 15th of July (the Marques haueing gottin new charges The Marquess gois to to schow his diligens, as ye haue on the vther syd) takis journey gcho^is Ms diiigens. from Strathbogie to Edinbrugh be chareot. He declairis his dili- gens, as he wes oblegit be virtue of the last act. The lordis of counsall is weill pleissit thairwith. He is ordanit to set new cau- The lordis ar pieisit. tioun for keiping of the Kingis peace, wnder the pane of ane hun- He setIS nevv cautl0,,n - dreth thousand poundis for him self, and all that he micht stop or lat ; quhilk being done, he returnis fra Edinbrugh to his awin place He returns from Edin . of Melgyn, and thair dispones the samen heritablie, but reversioun, bl '"? h „ OJ ' r ' 5 Sellis Melgyn. to Mauld of Both, for certane soumes of money. The Marques had conquest thir landis him self abefoir, and now be resaone of thir trubles sellis the samen agane. Fra Melgyn he cumis to the Bog vpone the 25th of August, weill thocht of be the counsall for putting the brokin men out of the countrie, as ye hard 64 MEMORIALLS OF THE TRUBLES He agreis with Baina- befoir. He agreit also with Balnadalloch in Edinbrugh at the Erll of Morrayis desyre. cumis to the Bog. Ye heir, folio 34, how the M c Grigour wes cheasit be the young Theciangrigourheiryis ].y m [ 0 f Balveny, for the quhilk thay cam to the toun and landis of Avache perteimng to ^ * * Baiveny. Avache pertening to him, and violentlie took and callit away, fra thrie pure tennantis occupearis thairof, thair haill horss, nolt, scheip, ky, and vther goodis ; and sic bestis as wold not call thay cruellie killit, and left thame behind lying on the ground, quhilk Balveny could neuer get repairit. The form ho» the Mar- Ye ne i r befoir that the Marques agreit with Balnadalloche. It jreii with Baina wes (j one j n Edinbrugh at the Erll of Morrayis desyre, albeit Balnadalloche had killit Carroun cum and out of the houss of i Grani agreis Huntlie discendit. The laird of Grant agreit likuaies with Balna- dalloch, and both cam home from Edinbrugh good freindis. Capiten Adame Gordoun Ye hard befoir, folio 34, how capiten Gordoun of Park and the the treuth h ° me res t °f the brokin men war put out of the countrie be the Marquess. This capiten Adam thocht havie to be baneishit out of his native country, resoluit to cum home, reveill the treuth, and do for him self. Like as in the moneth of September he cumis to Edinbrugh, getis ane remissioun. and vpone his revelationis he getis ane ample remissioun for him self for all byganes, and with gryt diligens passis throw the seallis. ms peace is prodameit, Like as in October his peace is proclamit at the mercat crossis of " , f Edinbrugh, Abirdein, Banf, and Elgyne of Morray, and wes weill intertaynde in the clerk registeris awin hous in Edinbrugh. This hastie purchest peace wes admeirit at be many thinking surelie he had reveillit sic as he knew of the instigatouris of thir troubles, as it wes trew indeid, sie folio 40. a a ' In the end of the year of God one mitteth himself, promising, that if his thousand six hundreth thirtie-fyve, one Majestie would grant him his pardon, he Adam Gordon, the second sone of um- would reveal the author and fountain of quhyll Sir Adam Gordon of the Parke, this rebellion. The Archbishop imbra- (a principall ringleader of the rebels in ceth the motion, and sends a post with the north), perceaving that the Marquis speed to the King to London, who pre- of Huntley did so eagerly and hotly pur- sentlie signes Adam his pardon, and sends sue him and his complices, that no place it into Scotland ; which being come, and of retrait was left to them, nor meanes to delivered unto Adam, he accuseth the escape, he hath recours to the King's Marquis of Huntley to have bin the mercie. He addresscth him self secretly author of this commotion, and the hun- to the Archbishop of Saint Andrews, der out of him and his associats against (then chancellor of Scotland), and sub- Frendrett. Thereupon a commission is ANNO 1G35. (]r, Quhairvpone follouit that the Marques of Huntlie wes charge it The Marquess i« agane vpone the secound day of November, be ane herauld or pursevant, ^jj* 8 *, l° a f«fndis ° er to compeir befoir the counsall the first day of December, and to produce James Gordon of Letterfurie, James Gordoun, bailie of Strathbogie, Johne Gordoun of Ardclache, [Alexander] Gordoun of Carnburrow, Johne Gordoun of Innermarky, with Alex r Gordoun, alias Swankie, and Johne Lichtoun, his lordschipis domestik serui- touris, and diuers vtheris, as alledgit hounderis out of the brokin men to do the iniureis formerlie set doun. And siclike charges wes r.arronis ami gentamen . . . i ,.i pi 0 m i °f f>e name of Gordoun givin to the haul barronis and gentilmen ot the name or Gordoun C har g u. sent be his Majestie into Scotland, unto a selected number of lords of the privie councell, (by way of a committee) to try and examine the business. Adam Gor- doun chargeth James Gordon of Letter- furie to have imploycd him and his ac- complyces, in the behalf of the Marquis of Huntley, against the laird of Frendret. Letterfurie is caled to Edinbrugh to abyde a tryall. Being come thither, he is confronted with Adam Gordon, before the lords, and then committed to clois prison in the tolbuith at Edenburgh, having denied all that Adam laid to his charge. The Marquis of Huntley is summoned to appear at Edinbrugh, the fyfteen day of Januar, one thousand six hundreth thirtie-six yeares : he keeps the appointed day and place. Being then caled before the lords of the committee, he is confronted with Adam Gordon. The Marquis denies Adam's accusations, and cleareth himself with great dexteritie, be- yond admiration ; yet, upon presumption, he is committed, close prisoner in the castle of Edenburgh, and his page is closely imprisoned in the tolbuith of Eden- burgh. The King's Majestie being advertised of all these proceedings by the lords of the committee, and understanding what smal proof was brought against the Marquis, (being but the accusation of one man, to save his own life) both he and James Gordon of Letterfurie, and the page, are released out of ward, they finding surety and caution for the laird of Frendrett his indemnity in time coming : and withall, his Majestie laid a command upon his servant, Sir Robert Gordon, (who was then returning into Scotland) to deal ef- fectually betwixt the Marquis and the laird of Frendrett for a reconciliation, be- caus their discord bred the confusion and disorder which was then in the north of Scotland. For the King knowing the in- terest Sir Robert Gordon hade in them both, the one being his cousine-germain, and chief of his family, and the other having marryed his neece, his Majestie was the more earnest in laying that com- mand upon him. Adam Gordon per- ceaving that the Marquis was cleared and released, he leaves the kingdom ; and as- sembling a company of men, with these (be the councell's tollerance) he transports himself into Germany, a captain in Col- lonel George Leslie his regiment. Sir Robert Gordon, at his return then into Scotland, conforme to his Majesties di- rections, delt so effectually with the Mar- quis of Huntley, and with the laird of Frendrett, that both the parties did har- ken to a reconciliation ; and a submission is subscrybed, whereby all debatable questions and differences are on either syde, (and particularly a great action of law, prosecuted be Frendrett against the Marquis) were referred to the arbitrament and decision of freinds ; but the final con- clusion thereof was interrupted by the death of the Marquis of Huntley, and so the laird of Frendrett retired himself home to his own lands, and lived there peacibly.' (Hist, of Earls of Sutherland, pp. 478, 479.) I fi(i MEMORIALLS OF THE TRUBLES within the schirefdomes of Ahirdein, Banf, and Morray, to compeir the foirsaid day hefoir the counsall, to the effect that thay with the ah to set cautiouu to Marques suld set cautioun for keping of the Kingis peace. This Frendracht. *, . 3 Frendracht wrocht also for his better securitie, and as wes said, The Lord (iordoun is the Lord Gordoun now being in France, wes chargeit vpone thrie scoir dayis to set cautioun in like maner. Vther charges aganis the And vpone the bak of this follouit vther charges aganis the Mar- Marquess tor intercom- quegg> that he gould compeir the day foirsaid befoir the counsall, and ansuer for the alledgit recepting, suppleing, and intercoin- mvning with the brokin men efter publicatioun of the letteris thairof. Thir charges cuming so thik vpone the Marquess, still be He oieyis, gois to Bdin- moyan of the laird of Frendracht, he set him self to obey, and in the deid of the yeir, cold, tempestuous, and stormy, vnplesant for ane man of his aige to trauell in, yit he and his ladie be chareot Compeiris befoir the went to Edinbrugh, compeirit befoir the counsall with James Gor- 1 1 1 page. L " erfurie doun of Letterfurie, and Alex r Gordoun, callit Swankie, his page, The rest compeirit not. for no moir compeirit at this day of all the rest. The Marques The Marquess is con- wes thair confrontit face to face with capiten Adame Gordoun anent Adamtjordou'n.'' 6 " the wrongis done to Frendracht. Howsoeuer the mater wes, the He is dispieisit. Marques cam miscontentit fra the counsall houss. The chanceler Dynis with the chanckr. had him to dynner, and efter thay had dynit the chanceler, in his awin houss, commandit him to enter his persone in waird within wau-dit in the casteii. the castell of Edinbrugh, togidder with the said James Gordoun wardit in the toibuitif 6 and Alex r Gordoun, to be wairdit within the tolbuith of Edinbrugh and keipit in cloiss prissoun, not seing day licht, bot servit with The lordis wold not suf- candle licht. The lordis refuisit to let the ladie Marques go to the toVo to' the wsttn!" 1 * 58 castell with hir husband except scho wold waird also, and with great intreattie had the fauour to zooll with him, bot to stay no longer. The Marquess page, Alex r Gordoun, gat libertie to go out of the tolbuith and byd besyde his maister in the castell, bot Letter- furie stayit 14 dayis in cloiss waird to his gryt greif. At last he Letterfurie removit to wes removit to ane vther chalmer, quhair he had day licht and Fnndnnchtktipit this °ppin wyndois. The laird of Frendracht rode from Kinordie and counsall day. keipit th j g counsall day> sie moir) folio 39 _ nonaid Fatquharsone Donald Farquharsone being chargit with the rest, and haueing set cautioun wnder the pane of 1000 lib., fled and wes fugitive, His cautioner fynit. bot his brother who wes cautioner wes wairdit, and payit the soume ANNO 1636. 67 befoir he wan to libertie, viz. Mr. James Farquharsone, ane of the wreitaris to the signet in Edinbrugh. Schir Alex r Irving of Drum and Thomas Fraser of Strechin wes schiren* of Abirdein this yeir contynewit schirefis of Abirdein and Innerniss for ane yeir. * n nnerDISS ' Patrik Forbess of Corss, bischop of Abirdein, depairtit this lyff The bischop of Abir- in his awin pallace, vpone the 28th of Marche, in the yeir of God dein depar " s this ly> 1635, and wes bureit in bischop Gawin Dumbaris iyll. a Gryt death amongis the barnes in the pox this yeir, and sum had Death of the pox the pox tuyss, not vsuall in former tymes. Ye hard befoir, folio 35, how Ballindalloche took sum of James Baiundaiioch purchesis ~, . TT i • , i • i • a " L ' commissioun aganis Orantis men. He purchessit also ane commissioun aganes him James Grans self and his folloueris, who in December slew ane callit M'Bean, seruitour to the said James, with ane vther innocent man in his kuus tuo of his toi- company, quhilk the said James beheld patientlie and lay quiet louens quhill he brak out, as ye have, folio 38. ANNO 1636. Ye hard befoir, folio 30, how Robert Johnstoun wes chosin prouest of Abirdein in place of the deposit Patrik Leslie. b It wes a 8th April, 1635.—' The quhilk day the prouest, baillies, and counsall ordainis the tounes haill tuelff peice of ordinance to be shot the morne, at the buriall of of umquhill Patrick, late bishop of Aber- deine, in testimonie of thair affectioun and deserveit respect to him; thairof thrie peice to be shot at the lifting of the corps out of the cheppell on the Castle- hill, and the other nyne to be shot how- sone the buriall passes by the tounes inerche at the Spitillhill, and thairefter the said haill ordinance to be chairgit and shot of new againe at the interring of the corps ; and the haill bellis to be tollit during that ilk tyrae. Lyke as they ap- point Walter Robertsone, Dean of Gild, to caus mak in redines the said ordinance to the effect foirsaid, and what he debur- ses thairwpon sal be allowit to him in his comptis.' (Coun. Reg., vol. lii. p. 203.) In the kirk and bridge work accounts of that year are the following entries : — ' For the len of blakis to cover the pul- pitt withall at the Bishop's buriall, xxjxsh. ; for preins and taketis thairto, viijsh. iiijd. ; to Andro Ingrahame, for the len of tuelff peices of blackis to cover the pulpitis of both the kirkis, the Sunday efter the Bishop's buriall, iij lib. xij sh. ; for taketis and preins thairto at the said tyme, xiijsh. iiijd.' (Book of Bon- Accord, p. 220, note. Aberd., 1839.) b Sir Paull Menzies was chosen to be Provost in the first instance, as our author has stated at the place to which he makes reference, and Johnston succeeded 68 MEMORIALLS OF THE TEUBLES thocht the lordis of Counsall wes not weill content. Aluayis ac- cording to the forme thair wes no electioun maid at Michaelmess, hot thair wes ane leit send to the counsall, be the counsall of Abir- Mr Alex' Joffrey cbosln dein, out of the quhilk Mr. Alex r Joffray wes chosin prouest of indmanerhow - Abirdein for ane yeir, in Januar 1636 foirsaid. Mony lichtleit both Sir Paull in office. It appears that the provost, baillies, and council, met on 23d September, 1635, for the purpose of electing the new council and magistrates for the ensuing year; and that, while thus engaged, they were interrupted by the en- trance of ' ane reverend father in God, Adaine, bishope of Abirdeinc, one of the lordis of his Majesties most honourabill privie counsall, and Thomas Crombye, shireff principill of Aberdeine, wliome the said reverend father desyrit to be eye witnes, and to bear testimonie of his pro- ceidings in the present busines.' The bishop rcfern d to ' ane notor and evi- dent divisioun, sensiblie seine amongst thame, anent the electioun of thair magistrates and counsall, to the apparent danger of the commoun wealth ; ' for pre- venting of which, he requested them to defer their election till he acquainted his Majesty, and lords of secret council, therewith, and some order might be taken for settling their present divisions. The majority of the council, however, on a vote, resolved to proceed with the elec- tion ; whereupon the bishop, on his au- thority as one of the lords of the Privy Council, charged them to dissolve their meeting, and defer their election till the pleasure of the King and Privy Council should be learned ; and in the meantime required the present magistrates and coun- cil to remain in office, which command was obeyed. A second meeting, for the same purpose, took place on 7th October following, in virtue of a warrant from the Privy Council, when a singular scene occurred. Patrick Leslie, who had made himself so obnoxious to the King, had been removed from the office of pro- vost, to which he had been elected, (supra p. 55) but he attended this meeting in his capacity of councillor. Sir Paull Menzies, however, objected to his being allowed to have any voice in the election, and ' causit reid the letter direct to the prouest, baillies, and counsall of this burghe, latelie in September last, be my lord Archbishop of Sainct Androus, pri- mat, and lord High Chancellar of this kingdome, whairby his lordship, for the caussis mentioned in the said letter, willed and requyred thame, in his Ma- jesties name, that they suld not make chuse of the said Patrik Leslie to be thair prouest, nor yit suffer him to haue voyce in thair counsall.' Leslie, how- ever, persisted in asserting his right to vote in the election, and having got into his hands the ' litis,' and begun to mark the persone for whom he voted, he was interrupted by Sir Paull Menzies, Gil- bert Menzeis of Pitfodels, and others, who followed him from place to place in the counsal hous, ' drawing the said Patrick's hand and the pen from the paper.' He, however, kept the ' litis for three or four hours, and wold not give thame out of his hands, till he sould sett to his nottes and woyce to the samen.' After a good deal of additional alterca- tion, Leslie and his friends withdrew from the meeting, when the provost and his party proceeded with the election of the council, who elected Robert Johnston to be provost. This election, however, was voided by a decreet of the lords of Privy Council, dated the 20th January, 1636, on the ground that the election had not been made in that fair and peace- able manner, which became dutiful and good subjects, and had tended to foster factions and heart-burnings among the citizens. The election referred to in the text took place in consequence of the order of the lords of Privy Council, con- tained in the above decreet. (Council Register, vol. lii. pp. 217, 219, 235.) ANNO 1636. 69 the man and the electioun, not being of the old blood of the toun, hot the oy of ane baxter, and thairfoir wes set doun in the prouestis deas before his incuming (ane bakin pye) to sermon. This wes done diuerss tymes, hot he miskenit all and neuer querellit the samen. Vpone the 11th of Februar the dolouris at 58s. the peice, is cryit The doiomis c.yit doun. doun, at the mercat cross of Edinbrugh, to 56s. In Februar thair wes brocht to Edinbrugh aucht of Gilliroyis Aucht of Guuroyis foi- . . ...... . loueris takin, and had to tollouens, who war notorious lymmaris, and did gryte oppressioun Edinbrugh, be the it. i j. i n n n J j - ii. • j.' • j.1 • Steuartis of Atholl. in the landis ot Corss, Cragiwar, and diuerss vther pairtis in this countrie, wnder pretext of seiking James Grant for killing of Patrik Ger. a Thir lounes war takin be the Steuartis of Atholl by persuasioun and devyss of the lairdis of Cragiwar and Corss, quhairof thair wes sevin hangit altogidder at the cross of Edinbrugh, and sevin is hangit, the thair heidis cut af and set wp on examplarie places. The aucht auc tgat hls lyf man gat his lyf becauss it wes confessit he was drawin to this seruice aganist his will. Gilliroy seing this his men takin and hangit, went and brynt Wp Gilliroy burns some of sum of the Steuartis houssis in Atholl, in recompenss of this iniurie, sie folio 41, quhair him self wes hangit. the Steuartis housis. a Dr. John Forbes, professor of divi- lyke indeed hath not been accoustomed nity in the King's College, succeeded against my forbeers, and it seemeth that his father, bishop Patrick Forbes, in the theise robbers doe take advantage through lands of Corse. In the diary or record disesteem of me, as being a schoolman, of his ' spiritual exercises,' which this ad- withdrawen from that pairt by reasoun of mirable and learned man wrote, he has my spirituall calling, and being unaccus- noticed the depredations referred to in tomed with such medlies ; but I serve the text, in the following terms : — ' In the same God whom my ancestors served, the veare of God 1636, about the be- and I hope in his mercy, that he will ginning of Februarie, some unrighteous shew me the way whereby theise robbers and cruell limmers, Highland men, cam shall repent themselves of this wicked vnder silence of night, and violently attempt. In the meanetyme they were spoyled the houses of some of my tenants spreading abroad menacing speeches, in Corse, as they hade beene doeing to boasting to set for my person if I corn- many others our neighbours, for a long pleened to the secret counsell, or essayed space of tyme before, uncontrolled, and any course against them, or refused to by some also encouradeged by connivence buy their peace, as many others had done and correspondence, as is well knowen in by paying to them blackmail. I finding Scotland. I hearing therof, and behold- myself in this assault and difficultie, I ing how small appearance was of humane trusted not in any other means which I help, and remembring that in the tymes used, but I did sett myself to seeke God, of my ancestors, since memorie of man, by humble prayers and supplications.' the lyke hade not been practised vpon (Spiritual Exercises, fol. 48. MS. at that land, which God now hade given to Fintray House.) me by heritable succession. I said the 70 MEMORIALLS OF THE TRUBLES. All this while James Grant lyis quyet since Ealnadallochis escaip out of the killogy, as ye hard befoir, folio 29. •Tames Grant killis sum At last, vpone the fyft of Aprile he socht Thomas Grant, brother to Patrik Grant of Culquhahe, freindis to Balnadalloche, and miss- ing the said Thomas at his duelling houss he slew sextein heid of his nolt wnder nicht. Thairefter thay fand the said Thomas Grant with his bastard brother lying in thair naikit bedis in ane freindis He kuiis Thomas Grant houss neir by, whome the said James commandit shortlie to ryss, syne took them out of the houss and cruellie slew them both. It is The ressone why said the said Thomas Grant had gottin money fra the Erll of Mor- ray to lay out the said James or tak his lyf, for the quhilk it cost him his lyf, as said is. j imes Grant , um is to Efter the doing of this wickit deid the said James Grant cam with s'V ','m':™ " "" ss " f four and himself to the ground of Strathbogie, vpone the tent of Aprile, and be chance cam to the hangmanis houss and craveit sum meit, bot he knew not that it wes the hangmans houss of Strathbogie. The hangman ran and The hangman not knowing quhat they war, wes feirit, and suddantly went and told James Gordoun, baillie off Strathbogie, that sum He raisis the ground, brokin men wes cum to his houss ; quhairvpone he raisis the ground Perseuis the houss. schortlie on horss and foot weill armit, and vmbesetis the hang- james Grant defendis. manis houss. James Grant keipis the dur, and schootis Adam deid "° tlS A dm Ry " d Rynd deid who cam formost to the dur. The bailie seing him fall bydis abak and gois to counsall, quhilk the said James espying, fallis to shortlie and tirris the houss, and him self with his men stood within the walls thairof, and howsone the bailie began to per- Defendis bravely. sew the houss agane, thay schot out at them with hagbuttis so thik, that none durst come within schot of hagbut. Aluaies the bailie rydis about and his company, quhair ane callit Andersone Another schot be James Wes schot deid, and ane vther euile hurt, quhilk the bailie per- rhe D bknei6res<5ution. ceiving, resoluit he culd not keip this litill hous long, it being now about thrie efternone, bot of necessitie anes wold cum out, and thairfoir wold byd his out cuming. Bot fra the nicht fell James James Grant with ms Grant, with his brother Robert, wan cleir away for all the mvlti- tude of people wes waiting vpone him about the houss, bot his Thrie is takin and had bastard sone and vther tua with him wes thair takin and had to the schiref of Abirdein, and sua furth fra shire to schire to Edin- brugh, quhair thay all thrie war hangit to the deith, sie moir, folio ANNO 1636. 71 Ye hard, folio 37, how the Marques is wardit. He makis moyan The Marquess removit to be removit out of the castell of Edinbrugh to remain in his ladeis outof thecastelL lodging in the Cannoget, and to pas and repass about the samen within tua myllis, dureing the Kingis plesour. Letterfurie likuaies wes put to libertie out of the tolbuith vpone Letterfurie put to uber- setting of cautioun to compeir befoir the lordis vpone the nixt cita- t Jo U n P ° n settulg of cau " tioun, and Swankie, the Marques page, cam out with him self fra The Marques pB ge re - the castell, quhilk wes all done in Marche. In the moneth of Junij thairefter, the Lord Traquhair cam doun The Lord Traquhair, fra court, Heghe Thesaurer of Scotland, vpone the Erll of Mor- COU rt. toun's dimissioun. He brocht also letteris fra the King to the Brings lettens to the counsall. counsall, commending thame for administratioun of justice. He willit thame to set the Marquess, his page, and Letterfurie to liber- Tli. enteritis, tie, simpliciter, since he wnderstood thame to be innocent ; albeit Frendracht had gottin wrong besydis, and to tak cautioun of Letter- furie to compeir vpone the nixt citatioun, and with all that the counsall wold labour to sie all controuerseis submittit betuixt the Marquess and Frendracht, alsweill ciuill as criminall, to certane freindis ; and in cace of vareans amongis thame, the King to elect out of the same freindis so mony as pleissit him, for satlyng of all materis be his Majesties owne sicht. The counsall, at the Kingis command, settis the Marques, niS The Marquess. Letter- page, and Letterfurie to frie libertie, and labouris to get all materis fri™' and h ' s pa?e set submittit, quhilk the Marques wold neuer heir of, bot disdanit the no submissiouu. samen simpliciter. Howsoeuer it wes, Frendracht crost the Mar- ques mich telly everie way, and as wes said, he obtenit ane decreit frendracht obtems ane * , " decreit aganis the Mar- aganes him for 200,000 merkis for the skaith quhilk he had sus- quess. tenit in thir troubles, and ane vther decreit on 100,000 pundis for Another decreit. spoleatioun of the teyndis of Drumblait and parochin thairof. Lik as the lordis decernit him to give Frendracht ane new tak of the saidis teyndis, quhairwith his sone the Lord Gordoun wes chargit, as efter do apeir, folio Ye sie, folio 36, of the incuming of capitan Adame Gordoun. sum of the rest of the Sum of the rest of the brokin men, about the moneth of Junij, cam brokin men cums home ' home also. The Marquess, fynding him self becum waiker and waiker, de- syrit to be at home, and vpone the day of Junij wes careit from 72 MEMORIALLS OF THE TRUBLES The Manjuess gois to Dundy. Lodgis with his lady ii Robert Morrayis lious^ His selknes incressis. He depairtis this lyf. his lodging in the Cannoget in ane wandbed within his chareot (his deir lady still in his company) to Dundy, and is lodgit in Ro- bert Mvrrayis houss, a burges, and tavern of the toun, bot now his hour is com, forder he micht not go. His seiknes incressis moir and moir ; resoluis to die ; declairis his mynd befoir his ladie and sic freindis as he had thair in perfect maner ; recommendis his soull to God, and vpone the thretteint of Junij depairtit this lyf a Romane Catholik, in the samen lodging, now being about the aige of thrie- scoir fourtein yeiris, to the gryt greif of his matchless freindis and loyall lady, who with hir deir husband had leivit togidder many yeiris, both in prosperitie and aduersitie. a a George, sixth Earl, and first Mar- quis of Huntly, succeeded his father in the year 1576, at which time he was under age. He was early engaged in the affair of ' the Spanish Blanks,' for which he was tried. In the year 1592, he had a feud with the ' bonnie Earl of Murray,' which ended in that nobleman's slaughter. In the following year he re- newed his correspondence with Spain, and having been denounced rebel, he, in company with the Earl of Errol, rose in arms against the royal forces, and de- feated them at Glenlivet, on 3d October, 1594. The exercise of his religion en- tailed on him much persecution, and com- pelled him to many very humiliating acts of prevarication. In 1588 he gave in his adherence to the Reformed Establish- ment, and subscribed the confession, but, in his intercepted letters to the Spanish King, he says that ' the whole had been extorted from him against his conscience.' (Tytler Hist, of Scot., vol. ix. p. 24.) In 1597 his lordship was again recon- ciled to the Kirk with much public solemnity, signed the confession of faith, and partook of the sacrament. (Miscel- lany of Sp. Club, vol. ii. pref. p. lx.) His fidelity, however, was wholly feigned, and did not last long. In 1607 Mr. George Gladstanes, minister at St. Andrews, was appointed, by the General Assembly, to remain with the Marquis of Huntly ' for ane quarter or ane half year, to the effect, be his travells and labours, the said noble lord and his family might be informit in the word of truth.' In the following year Mr. Glad- stanes reported that he had stayed three days with the Marquis, apparently at the time when his lordship was engaged in the re-edification of his castle of Strath- bogie, of whose grandeur the existing re- mains as yet afford ample proof, and having, among other things, enquired at his lordship why ' he resortit not to the preaching, at the ordinare tymes in paroche kirks.' he was informed that ' he could not well resort to the paroche kirk, partly in respect of the meine rank of such as were within the paroche, and pairtly in respect his lordship's prede- cessors were in use to haue ane chappell in their owne house, quhilk he wes myn- dit to prosecute now, seeing he was pre- sently preparing his house of Strathbogie.' (Booke of the Universall Kirk of Scot- land, pp. 505-6. Edin., 1839.) In 1606 he was accused of giving encouragement to the Roman Catholics, and thereby oc- casioning a great defection from the re- formed opinions, and in 1608 he was ex- communicated. In 161 6 he was absolved from excommunication by the Arch- bishop of Canterbury, and afterwards by the General Assembly, which met at Aberdeen in that year. There is, how- ever, no doubt that, during his whole life, he was a warm adherent of the ancient re- ligion, and it appears from the text, that he made an open profession of his faith on ANNO 1630. 73 This michtie Marques vves of ane gryte spirit, for in time of His nobiii pairtis. trubles he wes of invincibill curage, and boldlie bure down all his enemeis trivmphantlie. He wes neuer inclynit to warr nor trubbill him self, bot by the pryde and insolencie of his kin wes diuerss tymes drawin in trubbill, quhilk he boor throw valiantlie. He lovit not to be in the lawis contending aganist any man, bot lovit rest and quyetness with all his hairt ; and in tyme of peace he leivit moder- atlie and temperatlie in his dyet, and fullie set to building and planting of all curiouss devysis. A weill set nichtbour in his mer- chis, disposit rather to give nor tak ane foot of ground wrangouslie. He wes hard say he neuer drew suord in his awin querrell. In his youth a prodigall spender ; in his elder aige moir wyss and worldlie, yit neuer comptit for cost in materis of credet and honour. A gryt housholder, a terror to his enemeis, whome with his prydfull kin he euer held wnder gryte feir, subiectoun, and obedienss. In all his barganes just and efauld, and neuer hard for his trew debt. He wes michtellie invyit by the kirk for his religioun, and by vtheris for his grytness, and had thairby muche trouble. His maister King James lovit him deirlie, and he wes a good and loyall subiect vnto him in- his deathbed. It is stated that his spiri- tual attendant on this occasion was William Christie, called the junior, a member of the Society of Jesus, who ap- pears to have resided in the family for some time previous to this event. (Col- lections for the Biog. of Scotch, English, and Irish Members of the Soc. of Jesus, by Dr. Oliver, p. 18. Lond., 1845.) Notwithstanding, however, of the tur- bulence which marked his early years, of the troubles in which his religious pro- fession involved him, and of the affliction and losses which resulted to him from the woful ' fire of Frendraught,' he exhibited many qualities, which would justify the panegyric pronounced on him in the text, and which harmon- ize very much with the character of his lordship, which a writer, more dis- criminating than our author, has recorded. (Hist, of Earls of Suth., pp. 479, 480.) His lordship's energy in more peaceful pursuits than the above are thus alluded to in a MS. history of the Family, dated in 1731 : — ' George, the first Marques of Huntly, after the battle of Glenlivat, built and repaired the house of Strath- bogie, the stone bridge there, house in Badenach, built the house of Aboyne, and ditched round the same, the house of Deeside called Hunthall, planted trees, gardens, &c. He built the house of Plewlands in Murray, repaired his own house in Elgin and Bog of Gight, and planted red deer there, ponds and canals in gardens with pikes and gedds. He was the first of the family who bought lands ; purchased Dunkinty and Plew- lands, excambed Dunkinty for Strath- awen. He bought Auchindown, Inner- charach, and Blackwater ; lands in Aueh- terless called Knockleith, and a house in Old Aberdeen; coft Melgin in Angus; he coft in Cromar, and built Whitehouse and some lands of Glengarn.' (Quoted in Notes of the late Mr. Wm. Rose.) K J 4 MEMORIALLS OF THE TRUBLES during the Kings liftyme, bot now at last in his letter dayis, by meinis of Frendracht, he is so persecute by the lawis, (whiche he ay studeit to hold in dew reuerence) that he is compellit to trauell without pitie so often to Edinbrugh, and now endis his dayis out of his owne houss, without tryell of the wofull fyre of Frendracht, quhilk doubtless wes ane help to his death also ; the Lord Gordoun his eldest sone, his lady and tuo sones, with his dochter Lady Ann being at this tyme in France. His corpis ar Hftit, and The Marquess freindis convenis in mvrning weid, and vpone the ,4 0 st h rathboVie. ChepPe 25th of Junij liftis his corpis fra Dundy. His kist coverit with ane blak taffata, and in ane horss litter is brocht to the cheppell of His ladie gois to the Strathbogy, his lady still with the corpis whill he wes brocht thair ; syne with ane wofull hairt sho went to the Bog. Letterfurie chargit be- Frendracht heiring of the Marquess death, incontinent charges Letterfurie to compeir befoir the justice the 29th of July to wnderly the law. The gentilman rode over befoir the day, meinit him self to the lordis of counsall who desertit that dyet, and ordanit the !«etis cautioun and cumis justioe to tak cautioun for his compeirans vpone 15 dayis citatioun. Thus Letterfurie returnit home saif and sound. The Marquess corpis Vpone Frydday the 26th of August sum freindis liftis the Mar- to r B C £ n fra s,rathbogy quess corpis vpon litter fra the cheppell of Strathbogie, wes con- voyit with sum freindis to the kirk of Belly, and vpone the morne at nicht is lykuaies careit thairfra to his awin lodging of Elgyne, quhair they war kepit ; and vpone the 30th day of August vpone the nicht his corpis wes liftit thairfra, haueing abone his kist ane ritche mort clothe of blak veluot, quhairin wes wrocht tua white crossis. h, is uftit with torche He had torche lichtis in gryte number careit be freindis and gentill- men. The Marques sone callit Adam wes at his heid, the Erll of Morry on the right spaik, the Erll of Seafort on the left spaik, the Erll of Sudderland on the thrid spaik, and Schir Robert Gor- doun on the fourt spaik. Besyds thir nobles many barronis and gentilmen wes heir, haueing aboue 300 licht torches at the lifting. He is careit to the eist port, doun the subchantouris wynd to the south kirk styll of the colledge kirk, in at the south kirk dur, and bureit in his awin Iyll with mvche mvrning and lamentatioun. The lyk forme of buriall with torche licht wes not sein heir thir mony dayis befoir. ANNO 1636. 75 Gilliroy with fyve vther lymmaris war takin and had to Edin- Qffliroj ™& vther fyve brugh, and all hangit to the deith vpone the [29th] day of July. a Vpone the 23rd of Junii Alex r Dumbar of Kilboyak, and his com- Robert and HimanDum- plices, slew Robert and Niniane Dunbaris, and mutillat James Dum- h „"t. ' " bar all thrie brethren, within Foress, and wan away but reparatioun. It is said that thair sister with ane trein stovp slew ane callit Merser, wyf to Alexr r Dumbar of Brako, who wes at the slauchter ai< *> Dumbaris wyi of hir bretheren, and sho and thay war all bureit togidder in the kirk of Avass. Thir killit gentilmen war sones to vmquhill Alex r Dumbar of Hemprigis, and all freindis togidder. Vpone the 16th of September the rix dolloris cryit doun in Edin- Ri* doiiens cryit doun. brugh fra 56s. to 54s., and the dog dolloris fra 46s to xliijs. iiijd. ; bot ar cryit wp agane in anno 1645, sie folio Vpone the 17th of September Johne Ross for ane licht caus j„hne koss heidit tor mvrdreist ane chepman callit Dauid Leg, vpone the stane cross hill mvrderin s of Dau,d L at Elgyne. He wes takin and heidit, and his richt hand set on vpone ane stob in the same place quhair he wes slayne. It is said that howsone capiten Adam Gordoun hard of the Mar- capitan Adame Gordoim quess death he went out of the kingdome. gois out of the kingdom. At Michaelmes schir Alex r Irving of Drum contynewit schiref The laird Drum conty- principall of Abirdein for ane yeir, and Mr. ^Villiam Dauidsoun jj r wuHani Dauidsone purchesit ane commissioun fra the counsall to be schiref deput scbiref de P ut be com - r I missioun. thairof during his liftyme, and the court fensit in his name with the principall schirefis, quhairof the lyk wes neuer sein heir. Thomas Fraser of Strechin contynewit schiref of Innerniss for schiref ot innemiss. ane yeir. a Patrick M'Gregour, alias Gilroy, wisch.' They were convicted on their was tried before the Justiciary deputes, own judicial confession, emitted in the and Archibald, Lord Lome, as their as- Gaelic tongue, and interpreted to the jury sessor, on 27th July, 1636. The ' byke by James Stewart of Ardvoirlich. They of infamous lymmers,' who were tried were all sentenced to be hanged, but a with him, consisted of ' John Forbes, son certain distinction was conferred on Gil- of urnquhile James Forbes in Strathdone, roy and John Forbes, who were ordered George Grant, sone naturall to James ' to be hangit vpone ane gibbet quhill Grant the notorious rebell, callit of Car- they be deid, quhilk gibbet sail be advan- roun, Allaster Forbes, brother to the cit ane grit degrie heicher nor the gibbet said John Forbes, John M'Colme, alias quhairupone the rest sail suffer.' The Stewart, Callum Forbes, John M'Gregor trial is printed in the Appendix, ' Gil- M - Eane, Gillespik M'Farlane, Allaster deroy.' M'Inneir, Evvin M'Gregor, alias Acca- 76 MEMORIALLS OF THE TRUBLES The Marques of Huntiy In October, George, the now Marquess of Huntlie, his Lady, tua cumis fra France home. son j s aru i Lady Ann, and thair seruandis, fra France cam to Ingland, and thairfra to Scotland in royall maner. Thay left behind tham tuo twin children borne of his Lady to him, and vpon the 23rd of Junij 1637, cam to Strathbogy. The Erii of Enoi de- In the moneth of December, Williame Erll of Erroll depairtit pairtis this lyf. ^ n j g ]yf m ^] ie p] ace Q f Erroll, and his ladie shortlie follouit, leaving ane onlie barne callit Gilbert, with ane distressit estait. ANNO 1637. oiipher Spenss si;ijne. Vpone the xiij of Marche Alex r Gordoun of Dunkintie rashlie slew be ane schot Oiipher Spenss, without ony just caus. He deboshit his estait and past out of the kingdome. The laird of Grant Vpone the day of Aprile the laird of Grant, wardit in " ,,ruit Edinbrugh for not following the Clangrigour, is thairefter put to Deis in Edinbrugh. libertie, and vpone the foirsaid day depah'tit this lyf in Edinbrugh, in his awin lodging. Ane air ye i p. Vpone the sext of July thair wes new beir meill and beir stray sold in Elgyne, quhilk wes very air in the yeir. The Erii of Morraj Vpone the 19th of July the Erll of Morray cam fra Dernvay to home the ar- ^ & Bog, and welcumd hame his good brother (then in the Bog), his Lady and barnes from France. Thay war blyth and mirrie that nicht with the old Lady Marchioness, and vpone the morne the Erll tuke his leive and returnit home to Dernvay. sumnobiiiistakisoffenss Ye haue befoir, folio 21, of oure Parliament. It is trew sum of and t drawis lg the "most oure nobles sic as the Erll of Rothass, the Erll of Cassalis, the Erll 'hair opi" e rest to of Glencarne, the Erll of Traquhair, the Lord Lovdoun, the LordLynd- say, the Lord Balmyrrinoch, the Lord Covper, the Lord of Lome, not but advyss of the Marquess of Hammiltoun, and diuerss vtheris His godlie government took offens at his Majesties zealous and godly government of this . . land, both in churche and pollicie. And first thay call to mynd the Thair torgit ressones, r » » sie folio 426. gryt danger the Lord Balmirrinocht wes of lies lyf, socht ernestlie ANNO 1637 77 by the bischopis efter he wes most justlie convict for his tresson- abill writtinges, altho the King most graciouslie remittit him. Yit this point, touching the bischopis, thay culd not forget, feiring thay war counselling the King to draw in the kirklandis to the croun, and to mak wp abbotis and prioris agane, to the strenthning of the King and overthrow of the nobilitie, who had the most pairt of thair leiving of kirk landis. 2. Thay had gryt feir who war lordis Thair preposterous feir. of erectionis at his Majesteis generall revocatioun in his first Par- liament ordiner to Kingis to do fra tym to tym, albeit thay receavit no preiudice thairby. 3. For granting in the sam Parliament ane comisioun of surranderis of superioriteis and teyndis groundit for helping of the ministrie and releif of the laitie, leiving yeirlie wnder the bondage of the lordis of erectionis or laick patronis. Of this act of Parliament thay war wnder gryt feir, albeit his Majesties intentioun wes singularly good and muche to be praisit. 4. It pleissit his Majestie for his owne ressones not to confer honoris vpon sum persones who cravit the samen, sic as ane barron to be maid ane lord, and ane lord ane erll, or sum to be maid knightis, whairat there wes muche grudging in thair hairtis, and stryves to Thair neidiess grudging, clip his Majesteis wyngis in royall government both in stait and Thair resolution aganis kirk, and craftellie and quyetlie tryis the hairtis of the nobles Thay try ingiand. barronis, churche, and gentrie of England how thay war set, and fand them of the same humour and miscontentment that them selfis wes of, at the leist a good number of all estaitis. Whairvpone Ane ciandestyn band, follouit ane clandestyne band, drawin wp and subscrivit secretly betuixt the malcontentis, or rather malignantis of Scotland and England, that eche one sould concur and assist vtheris whill thay Aganis the King, gat thair willis both in churche and policie, and to bring both kingdomes wnder ane reformit religion, and to that effect to root Keformatioun of reli* out the bischopis of bothe kingdomes cropt and root, quhairby his S1 ° un " Majestie sould loiss ane of his thrie estaitis ; and likuayes that thay To overthrow the sould draw the King to dispenss with diuerss poyntis of his royall b o s t e h h0pis and the King prerogatiue in sic degrie as he sould not haue arbitrarie govern- ment as all his predicessouris euer haid, conforme to the establishit a traitterouss plot, lawis of both kingdomes ; as in the said clandestyne band at grytir lenth proportis, as wes said. The King and the bischopis ar still ignorant of this tressonabill 78 MEMORIALLS OF THE TRUBLES The King kmmis no- plot and gois on ; the prelatis getting thair willis fra the King, abiebanl tbiS trcMOU "" bakkit with his auchtoritie by meinis of the archibischop of Can- nc assististhebischopis t erDur i e wno wes 0 ft with the King, stoutlie resolving what the touching the service , , 0 bookis. King did command none durst disobey ; bot heirin war thay mich- ihayarmistakin. tellie deceavit, as heirefter do appeir. The clandestyne band past, The nobiiiis lyis quyet. our nobles lay quyet whill thay fand occasioun to brak the iyss and begin the bargane as wes concludit. Now it fell out, that at the paroche kirk of , within the diocie of Galloway, the comunioun wes given vpone ane Sonday to the people on thair Perturbatioun at the kneis, quhair Gordoun, ane of the tutouris to the Vis- comunioun in Gal- , n tt l I *_J £ T 1_" 1 • i i loway. count of Kenmvre, sumtyme laird ot Liocninvar, hapnit to be, and boldlie cryit out saying it wes plane idolatrie to tak the comunioun kneilling (set out of purpoiss be the Lord of Lome, another of this Viscountis tutouris as wes said). The minister and people war astoneishit at this speichis. Aluayis the bischop of Galloway The bischop wardis the named Mr. Thomas Sonserf, be virtue of the book of cannonis offendar, and fynis him. causit tak the g en tilman, putis him to tryell, and for his fault wairdis and confynis him within the brughe of Montrose be the space of six weikis. At last the Lord of Lorne satled the mater, The lord of Lorne is and causit offer the bischop 500 merkis of fyne, not luiking that he sould tak wp the same, bot the bischop but ceremony took wp the moneyis, quhairat the Lord of Lorne took offens. And thairefter, being both sitting at the counsall, they fell in sum wordis about the vptaking of this fyne, quhair the bischop in fair termes gave him i! tis ane lie atcoun- the lie. Lorne said this lie wes givin to the lordis not to him, and beheld him, bot this maid the mater worss and worss, and wes the The beginning of S or- begining of thair overthrow plottit befoir. The lordis of counsall „ . _ J . wes heichlie offendit at this bischopis miscareage in thair presens The counsall is offendit. . . Lorne convenis sum also, The Lord of Lorne convenis the foirsaidis Erllis of Rothass, nobiiiis and puritane . <• m i ministeris. Cassahs, Glencarne, with the Erll ot Iraquhair, ane gryt enemy to the bischopis. The Lordis Lyndsay, Lovdoun, Balmyrrinoch, Couper, and diuerss vtheris, of whome the Marquess of Hammiltoun wes one, togidder with ane Meingzie of miscontentit \ir Alexander Hender- puritanes, of whome Mr. Alex r Henrysoun, minister at Leucharis, w ..e, Mr. Dauid Dikson, jy[ r Dauid Diksone, minister at Irving, and Mr. Androw Cant, Mr. \ndrovr Cant, ring- D ' leidaris. minister at Petsligo, war the ringleidaris. Thay had ane privie ANNO 1637. T9 meiting, and beginis to regrait thair dangerous estait with the pryd Thay go to consuita- and avarice of the prelatis, seiking to over rule the haill kingdome, biMhovU*™ for the archibischop of Sanctandrois wes Heiche Chancelair of Thay invy their great- Scotland, his sone President of the College of Justice ; that the rest ness ' of the bischopis war lordis of counsall, lordis of chekker, lordis of high commissioun, and now laitlie purchessing the book of can- nonis, that ilk bischop suld be judge to all disorderis within his diocie. Besydis all this, thair inbringing of novationis within the Thay liait thair nova- churche, sic as rotchetis worne be prelatis in tyme of sarmon at tIoms diuerss churches, the buke of ordinatioun, the book of comoun Mony complaints, prayer, alreddie put in practeiss in diuerss countreis, and buke of cannonis, without consent of ane Generall Assembly, all this is wrocht. Attour thay ar of intolerable grediness, seiking to reduce noblemenis richtis vpone slicht ressonis, with a number of sic faultis, laying the blame heirof altogidder vpone the King for giveing thame Thay wame the King sic way. And efter muche ressoning thay conclude to sie a refor- Thay resoiue a refor- matioun schortlie, and to that effect drawis in a gryte number of matloun - the nobilitie quyetlie to thair opinioun, and onlie baid the tyme to T1 j a y m » k rhair freind- begin the bargane, as wes concludit in the clandestyne band, quhilk schortlie fell out thus. Vpone Sonday, the day of July, doctor Hanna began to sanct Genus kirk per- reid the buke of common prayer in Sanct Geillis Churche of Edin- no'buiis. 6 e,ysso brugh. The nobillis being foirsein of this novaltie, neuer hard be- foir sen the reformatioun in Edinbrugh, devyses a number of rascall The maner how, at the serving wemen to throw stoollis at the reidar and perturb the kirk, servlC6 book - quhilk they did vehementlie. The maiestratis being in the churche (no doubt vpone the counsall of this disorder) commandit the officiaris to hurll thir rascallis to the kirk dur and to lok thame out. Bot then thay becam moir furious and mad (as thay war directit) crying and schouting, saying popery wes now brocht in amongis them, dang at the durris with stanes, and brak doun the glassin wyndois with sic noyss that thair wes no moir reiding. The bischop of Edinbrugh, named Mr. Dauid Lyndsay, cuming to The bischop of Edin- preiche, heiring of this tumvlt cam neuertheles to Sanct Geillis blush pmchls ' kirk and teichit, but inquietatioun. Sermon endit and he going out Efter sermon he is of the kirk dur, these rascall wemen cryit out aganist bischopis, evillvsit - reddie to stane him to the death, bot being a corpulent man wes SI) MKMORIALLS OF THE TRUBLES haistellie put in the Erll of Roxbrughe coache, standing hard besyd, and wes careit to his lodging ; the samen rascallis still following him and throwing stones at the coache, so that he escaipit narrowlie Tin- Grayfreir kirk per- with his lyf. The like perturbatioun, the samen Sonday, wes at the The'bargan begvn for Gray Freir kirk. Heir you may sie thay begin at religioun as the r^nirti.e'Vin"'"' ground of thair querrell, quhairas thair intentioun is onlie bendit aganis the Kingis majestie and his royall prerogatiue, and conforme to thair clandestyne band beginis the disorder in Scotland. ..... The prouest and balleis of Edinbruo-h to schow thair dilisrens, vpone The prouest and balleis I 0 O ' r •lissimuiatioun in this ^\ ie movne causis waird sum of thir wemen, and bv proclamatioun for- bussiness. . i> ^^ • i • bidis the like perturbationis, bot no moir pvnishment follouit, albeit his Majestie wreit doun to the saidis maiestrates for trying of this wemen who wes thair authoris, and to pvnish them condignlie, bot thay war set to libertie but ony forder. „ Efter this Sondavis wark, the haill kirk durris of Edinbrugh wes fco preiching in Edm- * ' O b ™8 h lokkit, and no moir preiching hard. The zealous puritanis flokit ilk The people gois to Fyf. Sonday to heir deuotioun in Fyf}', syne returnit to thair houssis, whill thay gat preiching at home. Sie folio 48, folio 50, the sub- scriving of the covenant folio 169, folio 178, folio 319, folio 513, folio 530, folio 80. Thay send ane covenant throw the countrie to be subscriuit, as ye haue, folio 50. The counsaii removis. The counsall then sitting in Edinbrugh removes doun to the an wreitutothe Kmg. - n reS p ec t 0 f thir troubles, and wreittis wp all to his Majestie, whiche wes done heir. The lady Kothimay set The ^ a< ^y Rothimay wardit be the laird of Frendracht, as ye haue, tohber,K - folio 34, is now set at libertie, and cums home to hir owne place. Mr. Androw Ramsay, and Mr. Henrie Rollok, ministeris at Edin- Ministens accusit for •> ' □ot^bying of semice brugh, wes accusit in September for not bying and vseing of the Than ansae.. service bukes at the Kingis command. Thay ansuerit it wes con- trair to the ordouris of our kirk and thair owne consciences, and so wold not vse them. Disputatioun offerii Follouit ane vther counsall day, quhair thair convenit about 100 ^rhefoirT..c b> connsan ministeris weill bakit with nobles and gentlemen, who refuisit the neui bakit. vseing of thir seruice bookis as contrair to the constitutionis of the kirk, and worschip of God, quhairvpon thay oflferit publict disputa- tioun, and so departit. Vpone the first Tuysday of October the provinciall assemblie sat ANNO 1637. doun in Morray. The bischop desyrit the ministrie to by and vse The provinciaii as the seruice book, conforme to the Kingis command, as all the rest The 'i'.i ! ii of the bischopis had done ; bot sum coft, sum took to be advysit, ^J™* 0 by " and sum refuisit. The bischopis had causit imprint thir bookis, Thair ansuer. and payit for the samen, and sould haue gottin fra ilk minister four pundis for the peice. At Mihaelmes Schir Johne Hay, lord of Register, vpone the sciiir Johne n . . Kingis warrand, wes chosin prouest of Edinbrugh in place of Dauid proue ° Aikinheid laitlie deceissit. The King thairefter writtis doun ane letter to him, and balleis and counsall of Edinbrugh, to imbrace thir seruice bookis, bot he narrowlie escaipit with his lyf, and forst He is in haserd. . .. . T . , Duellis in Leith. to go duell in Leith. Schir Alex r Irving of Drum contynewit schiref principall of Scbirreffis of Abirdein Abirdein be commissioun for ane yeir, and Schir Johne M c Kenzie and Innermss - of Tarbet schiref of Innerniss. The King, heiring of thir disorderis in Edinbrugh, send doun in The King removis the . . , t n i t p n i • counsall and session fra October charges commanding the lordis of counsall and sessioun Edinbrugh. furthwith to remove out of Edinbrugh, and to sit doun in Linlith- gow the first of November, for holding sessioun to the Kingis leigis, quhilk wes not done to the hyndering of justice, yit ane coun- No sessioun. sail day wes keipit in Linlithgow in November ; syne returnit to Holyrudehous as ye haue, folio 47. Vpone the 3rd of October, in the efternone, thair fell out in Mor- Ane tempestuous rayne , in Morray. ray ane cruell weit dynging on nicht and day, but lightnning wp whill the 13th of October ; wateris and burnes flowit wp over bank The long continuance, over bray, corne milnes and milne houssis waschin doun ; houssis, a " glJ s au killis, cottis, fauldis quhairin beistis war keipit all distroyit. The cornes weill stakit began to mothe and rot whill they war cassin over agane ; lamentabill to sie, and quhairof the like wes neuer sein it prognostiks gryt befoir : doubtles a prognostik of gryte troubles within this land. About this same tyme, thair wes four schippis lying at anchor Four schipis drivin i. within the harberie of Abirdein, in one of whiche schippis Maior ^ in heharberie of AWl '; Ker and Capiten Lumsden had a number of soldiouris, bot, throw ane great speat of the water of Die, occasioned be the like extraor- dinar rayne, thir haill four schippis brak louss, for nather tow nor soldiouris neir drounit 111111 1 !•• 1 1 alle SCD 'P. anker culd hald them, and wes drivin out at the water mouth, vpone the nicht, throw the violens and speat of the water, and by ane 82 MEMORIALLS OF THE TRUBLES south est wynd wes driven to the north schoir, quhair thir schippis wes miserablie bladit with lekis by striking on the sandis. The soldiouris sleiping cairleslie in the bottom of the schip vpone hether ihair cauid waiuninp. wes all in swoutKi, throw the water [that] cam in at the hollis and lekis A foir warning of sor- of the schip, to thair gryte amasement, feir, and dreddour. Aluaies thay gat wp ilk man with horribill crying and schouting ; sum es- caipit, vther sum pitifullie perishit and drount. About the number of fourscoir and tuelf soldieris wes wanting, drount, and gat away. Ane prodigious token. This rayne to contynew so long togidder wes neuir sein in our aige, Ane vther at folio 48. an( j cam f or n0 good token as efter may be hard, sie folio 48. John Toshea oumis to In this moneth of October, Johne Toshea, seruitour to the laird reue"hW S8 ' andmakis of Frendracht, of whome ye hard sum what befoir, folio , willing- lie cums to Strathbogie and makis sum revelationis to the Marquess anent the fyre of Frendracht, quhairof he tuke notice, keipit him and gave 12s. dayly to sustene him self vpone in [the] oistleris besyde the place. The Marquess visitis the About this tyme the Marques cam to Elgyne and viseit the Erll ErII of Jlorray and his i i i t i • • lady. or Morray and the ladie, his sister, who wes hartfullie welcomd. The lordis coins bak Ye hard, folio 46, of the removing of counsall and sessioun Abhay ." ' htl ' s °" t0 the to Linlithgow. The lordis hes ane counsall day in November, Thay hold eounsaii. syne removit bak agane to the Abay and held ane vther counsall day for braking wp ane packet send to thame be the King. Bot scarcelie wes the lordis weill sittin doun when there cam multi- Muititudis of people toodis of puritanes, ministeris, gentrie, and commonis. The counsall Thay ar commandit to 1S offendit ; sendis out ane maisser to charge thame to depairt, bot Thay'disobey. ^hay proudlie disobeyit, quhairvpone the counsall left the packet The eounsaii rysis w P 0 iibrokin wp, and suddantlie went home to thair houssis. And on brokin wp the Kiiiris 1 lykuaies the ministei'is and vtheris at thair removeing removed also. Sie heirefter on the vther syde. The bischop of isreehin In this moneth of November, Mr. Walter Whitefurde bischop of cvill drcst Brechin, vpone ane Sonday within the kirk of Brechin, vseing this English service as he had often tymes done abefoir, but impediment in that kirk, the people gat wp in ane mad humour detesting this sort of worschip, and perseuit him so scharplie that hardlie he es- ii i> forsit at last to caipit out of there handis on slayne, and forsit for saiftie of his lyff to leave his bishoprik and flie the kingdome. So sone spred the distructioun of thir bookis and bischopis also, as ye may reid, folio 49. ANNO 1637. Vpone the 4th of December, on the night thair raiss ane horribill Heidi wyndis blew over heiche wynd, whiche blew doun the cuppoillis standing vpone the Queirof P EiSn? thC queir of the College Kirk of Elgin, quhilk had induirit mony wyndis abefoir, and fell never quhill now. And if it had been theikit micht haue stand, for the tymber wes freshe and fyne, suffering so muche Prodigious tokins. rayne sen the tirring thairof, about 80 yeiris. The Erll of Roxbrughe, Lord Privie Seall, cam doun from the The King commandis T ,. .,, , , ., 11 , • i i i the counsall to sit douii King, with command to the counsall to convem and sit doun at ag ane at Uniitquhgow. Linlithgow vpone the sevint day of December nixt quhilk thay did, and there brak wp the Kingis packet, quhilk wes left on brokin wp Thay brakwp the Kingis in the Abbay the last counsall day. p et. About this tyme, Alex r Dumbar of Kilboyak and his complices iuiboyak cums home, returnit home to Morray with ane respit for the slauchter of Ro- bert and Ninian Dumbaris, and mvtulatioun of the 3rd brother, James Dumbar. Thay duelt peciablie. It wes reportit that the laird of Frendracht about this tyme causit The Marquess and i_ . , . ... Toshea both chargit. charge the Marques of Huntly for to set law souertie, and sichke charget Johne Toshea foirsaid to compeir befoir the counsall. Ane proclamatioun at the Cross of Edinbrugh with sound of Prociamatioun anent trumpet, declairing it wes not his Majesteis mynd to bring in ony lellS10 "' alteratioun of religioun, and thairfoir his leiges to keip old vse and wont whill his better advysment. The Erll of Airth being wardit in his awin houss sen November The Brii of Airth re- 1633, vpone seiking him to be servit air to the Erldome of Strath- st ° nit ' erne, quhairat the King took offence, is now most graciouslie re- mittit and forgivin, and restoirit to his haill honoris, digneteis, and rentis, contrair to the expectatioun of many. In this moneth of December, Mr. Androw Ramsay and Mr. Mr. Androw Kamsay Henrie Rollok enterit agane to preiche in Edinbrugh, to whome returnis 'tfthair f°ekh- flokit many auditoris, becaus thay had not preichit sen the begining ing ' of thir troubles, sie befoir, folio 45. Vpone Sanct Stevins day, 26th of December, (throw gryte invn- dationis of weitis, as ye haue, folio 46) ane bar or grite bed of sand wes wrocht wp and cassin athuart the water mouth of Die, mixt Ane feu-fuii bar athuart with marble, clay, and stanes. This feirfull bar so maid wp and the water mouth of Difc - mixt wes cassin, and ran fra the north schoir to the south schoir, and stoppit the mouth of the harberie, that no schip nor crear would go No passage for schipis. 84 MEMORIALLS OF THE TRUBLES Afoirwamingof sorrow, out or cum in thairat ; and at a low water ane man micht haue past vpon this sandy bed, from the north schoir to the bulvark, dry foot, areastoneisd. It amasit, efFrayit, and feired the haill people of Abirdene, brughe rhay fast and pray, weip and land. Thay fell too with fasting, praying, preiching, mvrning and weiping, day and nicht. Then thay went out with spaidis, Thay labor to cast iloun schoollis, mattokis, mellis, in gryte numberis man and woman, young nocM.* 1 "' b0t a>a " s and old, at ane low water, to cast doun this dreidfull bar, bot all for nocht, for alss fast as thay cast doun at ane low water, it gatherit agane alss fast at ane full sea. Then the people gave it over and The people becums becam hartles, thinking our sea tred and salmound fishing wes liklie to be gone, and noble Abirdene brocht to vtter decay and dis- Thay aduerteiss the cost tructioun ; and haistellie aduertesit the haill cost syd, south and northe, of this feirfull accident, that none of thair schippis nor crearis suld approche this cassin harberie. Bot behold whill as thay i aiione washis ar at the vtmost poynt of disperatioun, the Lord, of his gryt mercy, but help of mortall man, removit and sweipit clein away this feir- The harberie is as be- Dar ou * at the ground, and maid the water mouth to keip it awin courss as it wes befoir, within a veray few dayes, to the gryt biythe. j 0 y an knelling moir of onv more knelling of bellis. Thairefter hir corpis wes transportit Thaireftcr careit to the vpone the night fra the colledge to the cheppell on the castell hill, and vpone the 28th of Junij, about 12 houris in the day, scho wes scho is Hftit: anevoiy lifted ; and at hir lifting the toune of Abirdein causit schoot there haill ordinance for ane good night. Scho is convoyit with mvlli- scho is honorabiie con- tudes of people in magnifick honorabill maner, haueing hir corpis careit vpone the berares of ane coache be six barronis, and led be horssis Avnder ane murning pale. The croun, with hir armes and armes of hir four bransches Aves careit, and thus wes scho convoyit sci.o is burcit in sanct to Sanct John the Evangelistis Iyll, or bischop Lichtoun's Iyll, on the north syde of Maucher churche, and thair bureit with gryte The Marquess maid mvrning and Iamentatioun. He maid choiss of this bureall place, and left the auncient and honorabill bureall of his noble foirbearis and famous father, within the south Iyll of the Kathederall Kirk of ANNO 1638 91 Elgin, be south the queir thairof, and coft this Iyll fra the bischop, minister, and elderis of Old Abirdein, to remane a bureall place for him and his posterities and quhilk he resoluit to re-edifie for that effect, quhair I will let this nobill Ladie, Dame Ann Campbell, Marchioness of Huntlie, rest in peace, and speik of hir husband, as ye haue, folio , sore trublit. b In the meintyme, vpone the morne efter her bureall, the Marquess The Marquess liftis lii.- in heiche melanchollie liftit his hous and flittit haistellie to Strath- h0UiS " bogie, haueing the number of 10 children, of singular eruditioun He hes lo children, and weill brocht wp. Ye hard on the vther leaf whow the commissioner advertesit the King anent the proclamatioun, and of the covenanteris convocatioun to protest, &c. Now he getis order, and causit mak proclamatioun Proclamation wilder th (to dissolue this covenant and convocatioun wnder pane of tressoun) pane of tressoun at the cross of Edinbrugh, (quairof thay ar well foirsein, and at all occasioun getis tymous aduertisement what the King wes to do) and T j mouss .„ lu ,. ; thairfoir convenit in multitudes and maid protestationis aganis this Protestationis aganis proclamatioun, and thairvpone took instrumentis in the handis of the 3amc sum notaris, quhairof the clerk, young Mr. Alex r Gibsoun, wes one. The Marques of Hammiltoun commissioner forsaid now rydis Hammiitoun gois to th bak to the King, sie folios 57, 58, 59. King - It pleissit his Majestie to recall the sessioun from Striuiling bak Thes^^u,, eums ,,. agane to Edinbrugh, and to sit doun vpone the 3rd of July for Edinbrugh. administratioun of justice, bot litle ado in respect of this troublous tyme. Vpone the 20th day of July, the Erll of Montross, the Lord Cou- Commissioneris of thl per, the maister of Forbes, the laird of Levis Burnet, the laird of covenant ™ mis *° Abu- Morphie, as commissioneris for the Covenanters, Mr. Alex 1- Henri- soun, minister at Leuchai'is in Fyf, Mr. Dauid Diksoun, minister at Irving, and Mr. Androw Cant, minister at Petsligo, cam altogidder till New Abirdein. The prouest and balleis courteouslie salutes thame at thair lodging, offeris them wyne and comfetis according to thair laudabill custom for there welcum ; bot this thair eour- a See ' Orem's Description of the shooting the tounes ordinances, at the Chanonry in Oid Aberdeen,' p. 22. Lond ladye Marqueis buriell, . £10 0 1782, 4to. (Guildry Accounts, ad ann.) b Item to John Duff, skippor, for 92 MEMORIALLS OF THE TRUBLES Thay refuse the wyne. teouss offer wes disdaynfullie refusit, saying thay wold drink none with them whill first the covenant wes subscrivit, quhairat the prouest and balleis wes sum what offendit. Aluayes thay took It is gevin to the beid- their leive, suddantlie causit deall the wyne in the beid houss amongis the poor men, quhilk thay so disdanefullie had refusit, whereof the like wes neuer done to Abirdein in no manis memorie. a Mr. Alexander Hender- Vpone the morne 21st, being Sonday, thir thrie covenanting sone.Mr. Dauid Diksone, m inisteris intendit to preiche, bot the tounes ministeris kepit them Mr. Androw Cant, _ A 1 preichia in the Erii therefra and wold give thame no intress, bot preichit thame selfis in flf&rshsllfi cloiss • w there owne pulpitis. Thay seing them so disapointit gois to the Erll Marschallis cloiss, whair the Ladie Petsligo his sister wes then duelling, ane rank puritane ; and the said Mr. Alex r Hendersone preichit first, nixt Mr. Dauid Diksone, and lastlie Mr. Androw i hay get auditoris. Cant, all on the said Sonday ; and diuerss people flokit in within the said cloiss to heir thir preicharis and sie this noveltie. It is said this Hendersone red out efter his sermon certane articles pro- ponit be the divynis of Abirdein, amonges whiche wes alledgit thay culd not subscrive this covenant without the Kingis command, quhairvnto he maid sic ansuer as pleissit him best. b Thay preicii agane. Vpone the morne, being Mononday, thay all thrie preichit agane efter vtheris within the said cloiss. Many auditores wes thair, Sindne subscrfves the quhairof sum wes movit to subscrive the covenant, sic as Patrik Leslie, burges of Abirdein, 0 Johne Leslie his brother, Mr. Alex r covenant within Abir dein. a The Commissioners of Burghs, who b For some incidents which happened arrived in Aberdeen in the beginning of on this occasion, see ' Book of Bon- Ac- July, appear to have conformed to the cord,' p. 119. ' laudabill custom,' which their successors c Leslie's covenanting propensities of the Barons and Clergy now ' disdayn- had probably displayed themselves at an fullie refusit' to do. The following en- earlier period. His conduct as com- try shows a considerable expenditure for missioner for the burgh, in Parliament in the ' comfetis ' bestowed on the first set 1636, made him obnoxious to the King, commissioners : — and led to his being removed from his Item for ane dussone of buistis, quhilk wer office of Provost, as has been already coft for the use of the Ccmmissioneris of mentioned. In January, 1636, he pre- Burrowis at thair coming to this burghe, , j .i J i i o t> • _ anent the mater of the covenant, and wer sented a petition to the lords of Privy spent sensyne with Mr. Robert Petrie and Council, Setting forth, ' that he hes had otheris, . . . , £7 4 o no little caus of greif and displesour this (Guiidry Accounts, ad aim.) long tyme bygaine, for his Majesties of- For various particulars as to the ' cup fence tane aganes him, wpoun occasioun of Bon-Accord,' reference may be made of his behaviour at the late Parliament; to the ' Book of Bon-Accord,' pp. 13, 14, and he cannot express how farre this 15. greiff" oppresses and vexes him, both in ANNO 1638. 93 Joffray, sindrie of the name of Burnet, and vtheris burgessis of Abirdein, and likuaies Mr. Johne Lundie, maister of the Gramer Scooll, commoun procuratour for the Kingis College, Mr. Dauid M i n i Ste n S eubscrives. Lyndsay, persone of Balkelvie, Mr. Androw Melving, persone of Banchorie Devnik, Mr. Thomas Melvill, minister at Dyss, Mr. Wal- ter Andersoun, minister at Kynnellar, Mr. Williame Bobertsone, minister at Futty. And siclik by all manis expectatioun Doctour Doctor Guild and Mr. "Williame Goold, ane of the ministeris of the said brughe of Abir- ^th e iimUatk>nn! bSCriVS dein, and maister Bobert Beid, minister at Banchorie Trinitie, bot thir tua subscrivit this covenant with sum limitationis and restric- tionis, quhairof the tennour follouis. Limitatiouns and Restrictiouns of Doctour Williame Goold, Minister at Abir- dein, and Mr. Robert Reid, Minister at Banchorie, anent the subscriveing of the Covenant. D. W. Goold and Mr. Robert Reid haue subscryvit the covenant maid be the noblemen, barronis, gentrie, and ministeris anent the mantenans of religioun, his Majesties auchtoretie and lawis, with these expres conditionis : To wit, that we ac- Lhmtatiouns and re- knowledge not nor yit condempne the articles of Perth to be vnlauchfull or heidis of strictions. popery, bot onlie promeiss (for the peace of the churche and vther ressonis) to foir- bear the practeiss thereof for a tyme. 2. That we condempne no episcopall gouer- ment, seccluding the personall abuse thereof. 3. That we still retane and sail retane all loyall and deutifull subiectioun and obedience vnto our dread soveraigne the Kingis Majestie, and that in this senss, and no vtheruaies, we haue put to our handis to the foirsaid covenant. These nobilmen, barronis, ministeris, and commis- sioneris wnder subscriveand does testifie, at Abirdein, the 30th of July 1638. Lykas we wnder subscriving does declair that thay nether had nor haue any intentioun bot of loyaltie to his Majestie, as the covenant beires. And so thir restrictiounis wes subscrivit in a paper be it self aS Thay ar subscrivit. follouis, Montroiss, Couper, Forbes, Morphie, Let/is, Hendersone, Diksone, and left in the said Doctour Gooldis owne keiping for in- Doctor Gooid getis the terpretatioun of thir tua there subscriveing of the covenant. This keipins thairof - the spirit and persone ; and for repara- burgh, to which he had been elected, as tioun thairof he will studie in all tyme ' he fears that this [election] sail breed comeing, to the wttermost of his endea- some new matter of offence to his Majes- vouris, to approve himselff a most dutie- tie and the said lords.' In virtue of the full and obedient subject to his Majestie.' Act of Council, which followed on this The object of his petition was to be re- petition, a new councillor was elected in lieved of his office of councillor of the the room of Patrick Leslie. (Coun. Reg.) 94 MEMORIALLS OF THE TREBLES Goold wes ane of the Kingis owne chaplans of the cheppell royall, He setis out ane printed and he setis out ane imprinted peice direct to the nobilitie, gentrie, burrowis, ministeris and otheris of the combinatioun of the cove- nant, and printed in Abirdein in anno 1639, wissing no armes to be raisit aganes the King, quhairof the coppie is set doun heirefter, He subscrib es agane ab- folio 316. Notwithstanding of all thir cloakis, he subscryves the covenant absolutlie but limitatioune, as ye may sie, folio 159. The commissionerisgois Bot the foirnamed commissioneris and thair thrie ministeris be- mrystbseriSounsout foir this went from Aberdene, went doun throw the presbitreis of of Buchan, Mar, Memis, Buchane, and gat monv subscriptionis of ministeris and laickis to Gareoeh. r thair covenant. Thay past out of Abirdein vpone the 23d of July, Thay returne to Abir- and returnit bak agane there vpone the 28th of July, and gat the S.tonis Sat there SUb " subscriptionis of Abirdein, as ye haue hard. Thay war bot few in company about 30 horss, and mvltitudes resortit to thame besydis out of Buchane, Mar, Mernis, and the Gareoche, who subscrivit all. In end thir commissioneris depairtit south out of Abirdein. Sie more heirafter, folio johne Dvgar a gryte op- Vpone the aucht day of August Johne Dvgar, of whome sum mentioun is befoir, folio , cam with his companyeouns to the laird of Corss, professour, his boundis, and spolzeit the ground, and spolzeit Mr. Thomas Forbes minister at Leoquhell his houss, and oppressit the Kinges leiges grevouslie quhaireuer he cam, in Strylay and other places. He wald tak thair horss, ky, and oxin, and caus the awneris compone and pay for thair awin geir. He gave him self out to be the Kingis man, and sua micht tak and oppress the covenanteris and there goodis at his plesour. He trublit the merchandis at Bartholomew fair, and causit them to pay soundlie. He takis Mr. George He took out of the laird of Corss boundis also ane brave gentilmen moD b ey'to a hu S maister 0r tennant and duelling thair, and careit him with thame, and send word to the laird desyring him to send ane thousand pundis, quhilk sie moir of Giiiroj. the lordis of counsall gave to his name for taking of Gilliroy, or then he wold send his manis heid to him. a The laird of Corss raid folio a In his Diary, Dr. Forbes makes ly father, upon myself, my wife, my reference to the abduction of his relative, daughter, and my estait, and my reputa- as one of many other troubles by which tion, and upon my friends ; and remem- he was then distressed. ' Also finding bring how fearfully I have been threat- myself yet compassed with dyvers af- ened, and reproached, and troubled, both flictions, by the good hand of my heaven- by my countrymen, subscryvers of the ANNO 1638. 95 schortlie to Strabogie and told the Marquess, who quiklie wreit to corss getu bak his man , M c Grigour for to send bak Mr. George Forbes agane, or then he \% huVeatjoy- " wold cum him self for him. Bot he wes obeyit, and cam to Strath- bogie haill and sound vpone the 15th of August, (quhair the laird of Corss stayit whill his returne) but payment of any ransoum. He thankit his lordschip, syne returnit home ; bot this Dvgar wes slayne thairefter, as ye haue, folio 159. This doctour Johne Forbes Doctor Forbes wreitis of Corss hapnit out of zeall and a weill meining mynd to wreit out ane treatiss, quhairof sum copies spred abroad, touching our nation- all Confessioun of faith, registrated in parliament, and concerning that vther litle confessioun called generall, whiche wes also callit the Kingis Confessioun, and the negative Confessioun, contaneing the oathe. This writtin paper cam to the handis of Mr. Alexander Hender- « is querreiut by sum L *■ .... ministeris, in thair sone, minister at Leucheris, and maister Dauid Dikson, minister at ansueris. Irving, and sum bretheren of the ministrie, who findis fault with the same in there Ansueris to the Beplgis of the Ministeris and Pro- fessoiis of Divinitie in Abirdein, concerning the lait covenant, givin out in print in anno 1638, and at the ansuer to the 12 demand, folio 30, saying, " Wee told you befoir that we did no more allow vio- lences of that kynd nor we did allow the foull aspersionis of re- bellioun, heresie, schisme, and periurie put vpone the noblemen and remanent covenanteris," &c. Quhilk ansueris ar subscrivit be the saidis Mr. Alex r Hendersone and Mr. Dauid Diksone. Bot this Doctor Johne Forbes of Corss perceaving his writtin paper to be Doctor Fortes settisout querellit in forme foirsaid in suche dangerous tyme, settis out ane an ° * r pap vther printed paper, dedicat to the Marques of Huntly, called A Dedicat to the Marquess peceabill warning to the subiectis in Scotland, givin in the yeir of of nunt,y ' God 1638; and in the preface of the author he there planelie and He disaiiowis ail other oppenlie disaiiowis all other copeis, and holdis to the said onlie cor ' late covenant, boasting to take my life, wards states : — ' My Lord Marquis of and my estate, and my good name from Huntly, under God, helped me by his me all at once, and to bury them all in moyen to recover my cousin from the ignominie ; and also by the savadge Highlandmen without ransom ; but, by Highlandmen who took captive one of occasion of that my cousin, I hade soone my tenents, being my cousin also, and efter a new and a very fashious trouble, thretned to kill him except thay got in wherout of God hath now also delivered hast a very greit ransom.' He after- me.' (Diary, fol. 58, 59.) 06 MEMORIALLS OF THE TRUBLES perfect editioun ; wherein there wes no sic wordis indeid set doun as rebellioun, heresie, schisme, and periurie. By this imprinted He thinkis his first paper he thocht he micht be frie of what wes writtin befoir, accord- surfbot "is'deceavtt. Cet> ing to the priviledge grantit to writtares and penmen, and to haue escaped the severe censur of the covenanteris, wherein he wes muche deceaved. a He and rest of Abir- Aluaies the said doctour Johne Forbes of Corss, doctour Alex- "nfvttrTrin^SpTr 1 »nder Scrogie, minister at Old Abirdein, doctor Williame Lesley, principall of the Kingis Colledge, doctour Robert Barron, minister at Abirdene, doctor James Sibbald, minister thair, and doctour Alexander Ross, minister thair, setis out ane printed paper callit it is ausuerit, and re- General Demandis concerning the lait covenant, See, with the breth- plyis maid to the ansuer. . . . . ... _ eren thair Ansueris maid to the saidis Demandis ; togidder also with the Replyis of the foirsaidis ministeris and professoris maid to the Ansueris of the said bretheren, altogidder prynted in ane volum, daitit in anno I638. b Ane vtlier prynted paper Wherevpone follouit ane vther printed peice, called the Ansueris callit the ansueris, ' of sum bretheren of the Ministrie to the Replyis of the Ministeris of n'ammiuou" taki!^ and Professoris of Divinity in Abirdein concerning the lait covenant, ixceptioun. j n an no 1638, subscrivit be Mr. Alex r Henrisone, minister at Sie foho 60. ' . , Leucharis, and Mr. Dauid Diksone, minister at Irwin. Likeas the saidis ministeris and professoris of Abirdene set out ane vther im- Dupiyis agane set out printed paper ansuering thairto, callit Duplyes of the Ministeris and by the d^yues ot Abir- p ro j essor i s 0 y Abirdein to the secund Ansueris of sum reverend bretheren concerning the lait covenant, in anno 1638, and subscrivit be the saidis persones as follouis, viz. : — a The author, in his Diary, has re- corded the reasons which induced him to print ' that warning which, at request of my Lord Marquis of Huntly, 1 wrot, and for which my countrymen, covenan- ters, have threatned me with all those evills' ' I considering that it became me not to stryve for words wherat they took exception, and which they did inter- pret as rcproachfull against them, although my constant intention was lovingly to warne them, I resolved, with the advyss of some brethren, to publish that warning on print, removing out of it all hastie words, and craving pardon for anything that was amiss, thus to declare to all men my Christian and peaceable disposition ; heirby they seeme to be somewhat appeased, but yet some of them doe continew threatning me, if so they may drive me by humane terrour to ap- prove and goe their way, which truely my conscience suffereth me not to do.' (Diary, fol. 59.) u See a note regarding this work in Gordon's Memoirs of Scots Affairs, voL i., pp. 9, 10. ANNO 1638. 97 Johne Forbes of Corss, cloctour and professour of divinitie in Thaj all subscrive it. Abirdene. Robert Barroun, doctour and professour of divinitie, and minister in Abirdein. Alexander Scrogie, minister at Old Abirdein, D.D. Williame Lesly, D.D., and principall of the Kfnges Colledge in Abirdein. Ja : Sibbald, doctour of divinitie and minister at Abirdein. Alexander Ross, doctour of divinitie and minister at Abirdein. Bot to thir Duplyis the reverend covenanting bretheren maid no ansuer made to tiiir neuer ansuer that cam to the print of my knowledge, and as is Duplyi thocht by sum, vnansuerabill. Aluaies I leave the consideratioun of thir peices to the judicious and ingenuous reidar. Aluaies thir wreitinges pro et contra bred no small trubbill to the Thir paperis ired trub consciences of good Christeanes, seing sic contrair opinionis amonges bl ' the clergie within a reformed satled kirk ; not knowing whome to The pt , ople knowis not beleive for saluation of thair sillie soulles, nor whose opinioun thay whose mynd to follow - suld follow in thir troublesum tymes. Now as thir paperis ar going abroad, the Archibischop of Sanct The Archibischop of Androis ane old reverend man, Heighe Chancelair of Scotland, is E n g^anu\ rl '°' S ^ " forsit for fear of his lyf to flie from the kingdome of Scotland to England, for saiftie and refuge at the Kingis hand. The bischopis of Ross, Brechin, Galloway, and Dumblane went all to him also for The bischo p is of Ross> releif. The Kins; wes veray sorie at thair overthrow, but culd not Galloway, c-umbian. O 53, how the Marques of Hammiltoun rydis to court. miitoun cumis fra court. jj e re turnes bak as ye may perceave about the first of August, and convenis ane counsall shortlie at Holyroodhouss, and in presens of He convenis ane coun- » r sail, and produces u the lordis he produces ellevin sindrie articles, brocht doun be him fra the King, for reformatioun of sum escaipes and satlyng of the countrie, quhairof coppeit is thus : — ANNO 1638. 101 Imprimis, that all ministeris deposit since the first of Februar be reponit to there The articles, owne functionis. 2. That all ministeris admittit without consent of their awin ordinar be deposit. 3. That all moderatouris of presbitreis deposit be reponit, and those that ar in there places desist. 4. That all parochineris retcir to there parochins and sessionis, that thay may con- cur and assist with their ministeris, according to the auncicnt forme. 5. That all bischopis and ministeris be payed of there stipendis. (j. That all presbitreis chuse thair moderatouris, quhairof the moderatour must be aue. 7. That all ministeris go home and preich to there owne parochineris. 8. That all bischopis and ministeris be secured in there persones from all hostile in- vasioun. 9. That no laickis voce in choosing commissioneris off parliament fra the assembly. 10. That all convocationis ceass, alsweill of nobilitie and gentrie as bischopis and ministeris, and repair to thair owne homes, that materis may be satled in peace. 11. To advyss to give satisfactioun to his Majestie anent the covenant, or to renunce the samen. It is also said that the commissioner brocht with him power to Aneassembiie and par- liament com be indicted. indict ane generall assemblie, with ane parliament following thair- 11 vpone, if the covenantees wold brak and dissolue thair band of combinatioun, vtheruayes to charge thame, wnder the pane of The covenantees chargit tressoun, be oppin proclamatioun to that effect. Bot the cove- E^tr£tt£SE nanteris wold nowayes yeild to the dissolving of there band, quhair- ° in atioun. vpone the commissioner causit charge them, be oppin proclamatioun at the Mercat Cross of Edinbrugh, to brak the said band, wnder the pane of tressoun, bot thay protestit in the contrair, and tuke Thay protest in thecon- instruments in the handis of young Mr. Alex r Gibsone, ane of the m^ s . an tukt mstru " clerkis of session, quhairvpone the commissioner his grace desyrit the lordis of counsall to ratefie and approve the foirsaid proclama The couusaii is d. tioun as lauchfullie done be there owne counsall and advyss. The 1°™^ this proc!;,, ' ,a covenanteris heiring of this, presentlie gave in ane supplicatioun The covenanteris suppli- befoir the lordis of counsall, desyring thame nowayes to approve cats the contrane - the forsaid proclamatioun for diuerss and sindrie i*essons thairin contenit. The commissioner heiring thir ressones, desyrit ane The Marquess ,,t Ham- competent tyme to acquent his Majestie with thir ressones of thair miltouns desi,e ' supplicatioun, and in the meintyme all materis to ceass whill his Majesteis aduerteisment, quhilk wes grantit. It is grantit. 102 MEMORIALLS OF THE TRUBLES The rinffieidaris of the Ye hard befoir of the 1 1 Articles send doun be the King. It wes covenant preicbit at . , 1 r ji • i • i r> ii other kirkis, and left n °t without good caus, for the ringleidares or the covenant amongis a!imi,matu,airpiLm d the minis t" e left there ovvne kirkis, and went throw the countrie teiching and preiching at other ministeris kirkis who wes eontrair to there covenant, deposit whome thay pleissit, and admittit in Hammiitoun gois to thair roumes vtheris of the covenant. Bot the commissioner his court without anc good , „ ,, ,.„,. ,. ., , , ansuer. grace receaved fra thame no satisfactory ansuer to thir most res- sonable articles to haue bak to his maister the Kingis Majestic. The commissioner rydis Aluaies he haistis to court with the covenanteris ressonis of there of August. supplicatioun to schow his Majestie, and with all forget not to He forget*not to wreit wre i* to the doctoris and preicheris of both Abirdenis, desireing to both AWrdenis. thame to contynew constant and remove all feir, assureing thame of his Majesteis favour and protectioun aganes the covenanteris, and send also ane litle imprinted treatise called The Marquess of Hammiitoun s Manifesto, quhairof the tennour follouis : — His manifesto aganis It will no doubt seim strange to sie my name in print, standing so neir those men ane peice set out by w i 10 ar interlocutoris in the succeidinp- pages, there professioun and myne being of Mr. Alex' Henrisoun, . ,° t ., . ' . ° Mr. Dauid Diksone, and so different natures, bot 1 sail intreat the ingenuous reidar to tak notice of the neces- Mr. Andro Cant, minis- s ; t j e 0 f t y s doing. teris, cleiring himself • . ° . .... aganes sumquhat thay I am by the thne Ansuereris to these Demandis wrongd, and that by ane miurie ol had wnttin in ins name, ane heiche nature, challengit in wreiting to haue done that, whiche God dothe know as his manifesto beiris. .. . c -ti neuer entent in my thoughtis, and for any thing the ansuerans did or doe know neuer cam into my mynd: and thogh by the law of challengis (thay haif challengit me) I may chooss the wapinis, (whiche certanlie sould haue bein of ane vther kynd, had the challengcris bein of ane other professioun) yit being men of so holie ane functioun, I haue thocht good to mak choiss of there owne wapinis, and by my pen to' do out that blot whiche thay by there pen haue laid vpone me. And I haue thoght it fit to The Marquess of Uam- do it in a scedull annexit to this book (whiche for that caus onlie I haue eausit to be nuitoun s manifesto. ne j r rC p rm ted) that quhair inenis myndis perhappis may be poysoned by swallowing ane vntruthe in there Ansueris, so deiplie wounding my honour and loyaltie, this antidot micht be reddie at hand to cure them befoir thay suld be fully taynted with it, as likuaies supposeing that if thay sould be printed seuerallie, many micht meit with there Ansueris allone, whiche micht leave in them ane bad impressioun of me if thay sould not be attendit with this just and trew expositioun of myne. The iniurics wherewith 1 am violated by the thrie Ansuereris ar of tuo sortis. One of them strikis me allone as his sacrad Majesteis Heighe Commissioner : the vther woundis me as his Majesteis counsallor, and with me all of that honorabill burde. The former is this, Thay deliuer affirmatiuclie that the declaratioun whiche thay randerit me of there lait covenant wes suche as I accepted and wes well pleased with. And this thay set doun tuyss, for failling in there Ansuer to the first De- ANNO 1638. 103 niand touardis the end, and in there Ansuer to the thrid Demand a littill before the middill of it : and that with suche confidenss as trewlie I can not with any justice blame the reidar for beleiving of it, when it fell from the penis of these men, whose professioun is the teiching of truthe. Bot I sail desyre the reidaris to suffer them selffis (notwithstanding the preuidice of these menis personis) to be vndeceaved by a plane averment of truthe. I am confident none of these thrie Ansueraris euer hard me say so, nor will thay say thay did, if thay but hard it from vtheris (whiehe I do verilie beleive thay did not, and sail do so still, till thay avouche there authoris) since no man can chuse but miss in them that ciuill prudence whiche will not allow any discreit man to afl'erme His manifesto, that of any other, muche less of a persone of my qualetie, and at this tyme of my place, the foundatioun quhairof salbe so fraill and slipperie as report, (whiche is aluayes vncertan and most tymcs falss.) For cleiring the truthe, I do aver, vpone myn honour, that 1 neuer said so, I never thocht so, and thoght that that declaratioun wes much betterit by the industrie of sum weill effected, (from what wes first intendit) yit it gave me not satisfactioun ; and I dar boldlie afferme, I neuer said it wold neuer give my maister the Kingis Majestic any. My justifiearis in this case salbe these nobilmen, gentilmen, and otheris to whome I euer spak ; either publictlie or in privat. I wes indeid content to catche at anything I could, when I could not obtane what I wold, as being willing to do my countriemen that respect, as to the vtinost of my pouer to recommend to my gratious maister with all fauorable constructioun, even that whiche I then thought and did know fell schort of just and home satisfactioun. Nor is there any ground for there opinioun of my acceptatioun of that declaratioun, vnless thay call receaveing ac- cepting ; and that wes not in my pouer to refuse, it being conceaved in formall wordis of a supplicatioun, and so renderit to me, who, by my royall maister his instructionis, wes commandit to receave the petitionis of all his good and loyall subiects. And heir do I confess I cannot charge it for ane faultie mistak vpone the reidaris of these asseverationis of the thrie ansueraris, if thay sould, befoir this my declaratioun, conceave that his Majestie war in all probabilitie like to rest satisfeit with that declaratioun of the covenant ; haueing it deliuerit to thame from men (whome in all this bussines) thay haue beleived as muche as them selfis, that his Majesteis commissioner (who in all liklihood) did know his Majesteis mynd best, uis manifesto, did rest satisfeit with it. But his Majestie hath just ressone to charge me, if these asseverationis war true, as 1 haue good ressone to vindicat myself, thay being not trew. The truthe is if these asseverationis be trew, I do profess to the whole worlde, that his Majestie hath a most just causs to discharge him self of me and my service, and to discharge me of all trust in this, or ony other negotiatioun ; for I profess, that I knowing his Majesties constant mislyke of the said covenant, it must bewray in me either brak of trust, or want of judgment, if 1 sould go about to mak either myself, or the world beleive that my maister could receave satisfactioun from suche ane explanations And heir I cannot dissemble, but ask leive to vent my self thus far. Had these 104 MEMORIALLS OF THE TRUBLES. Hi* manifesto. wrongis bein put vponc mc be the penis of other men, and not of those whose pro- fessions, I am forduard and willing to beleive, (becans I wold hauc it so) will not suffer thame to imbrace wilfull and malitiouss designes. I wold justlie haue doubted that thair had bein sum men in this kingdome, who being efFrayit of a satled and peciabill conclusioun of this bussiness, had gone about to raiss in my royall and gratious maister, a jealousie of my slakness in my king and countrcis ser- vice, that so I micht be called bak re infecta. If ony suche enemeis thair be to the peace of this miserable distracted Churche and State, I beseiehe God in tyme to discover them, and that all may end in covering them with schame and confusioun. The sum of all I will say of this personall wrong otfered to my self is this : If these reuerend and lerned gentilmen, the Ansueraris, in these vntrue aspersionis, intendit any harrne to mc, I sail onlie now requyte thame with ane cast of there owne calling, I pray God forgive thame. If thay intendit me no harme, then I do expect that they will give my self and the worlde satisfactioun in cleiring me, that I gave them no ground for these there asseverationis, and so being confident of his Majesteis goodness to all his ministeris, amongst the rest (to the meinest of thame) myself, especiallie in this particular, that he will never be schakin in the npinioun of my loyall and constant seruice, vpone suche slicht, light, and groundles reportis. I will say no more of that first poynt. For that whiehe concerncth myself as a counsallour, and the rest of that honorabill boord, averred by the thrie Ansueraris in there Ansueris to the 3 and 4 Demand, I doe heir protest before Almightie God, that none of the allegationis allcdgit by the 3 Ansueraris, nor any petition givin me by the supplicantis, movit me to give way that the ordour of the counsall table sould not pas into ane act ; for I did then, and do now avow, that I then was, and now am fullie satisfeid with his Majesteis most gratious declaratioun, and that, in my opinioun, all ought to haue thocht them selffis sufficientlie fred from fearis of innouationis, but the true ressone wes this : I wes so tenderly affected touardis the peace of my countrie, that I gave way to that whiche many of honorable qualitie assured me, if it war not done, a present rupture might follow, and so consequentlie the rwin of this kingdome, which I wes resolved to keip af, so long as possible I could, retaneing my fidelitie to my maister : Whiche care of myne I fynd but slenderlie rcquyted, when it is maid ane argument to persuade his Majesties good subiectis to do that whiche is so displeasing to him, and so vnsaif for thame ; and yit even in this passage it wold haue bene expected from men of that professioun, that nothing suld haue passed but vndoubted truthe. In whiche point too thay haue faultit, either, as I hope, by a mistaking or a misinforming, for the missive ons thocht fit to be sent to his Majestie wes neuer rent, bot remaneth yit as it wes : and we did not send it becaus we did not think thankis to his Majestie wold be seasonabill in the name of the whole kingdome, when w r e knew his Majestie, by the last proceidingis of many, and protestationis maid aganist his royall declaratioun, (pretendit in the name of the haill countrie) could not receave satisfactioun. ; I nclusioun of tiiis To conclude, notwithstanding this personall wrong offred to me his Majesteis Highc Commissioner, I will cairfullie, cheirfullie, constantlie go on with this great ANNO 1638. 105 bussiness wherewith he hath entrusted me, whiche as I pray God that it may prosper wnder my hands, so I praiss God that he hes givin me so cheirfull and willing ane hairt to go on it ; that if my life could procure the peace of this torne Church and kingdome, to the contentment of my royall maister, and comfort of his distracted subiectis, he who knoweth all thingis, knoweth likuaies this truthc. It is the sacri- fice of the worlde in which I wold most glorie, and whiche I wold most sinceirlie offer wp to God my King and country. Sic subcribitur, Hammji.toun. This is ropeit from the j'rynt, and jiryntcd by Robert Young, cum privihnio in The printing of this i coo peiee. anno 1638. urt about the 25th of August. No doubt bot the doctoris of bothe Abirdenis ware encouraged The doctouris encuragit, i /i tit • ■ li- • f i -ii i i ii bot is borne douti. by the Marques missive and his manitesto aboue written, hot all for nocht. It turned to thair greif and sorrow, and wrack of Abir- dene, as ye may sie heirefter, folio Now whill his Majesteis commissioner is ryding to court, as ye iu > hard befoir, the covenanteris beginis most cairfullie to provyde for men and mak muster in Fyf and other pairtis, and held thair pub- lict meitinges and conventionis aganes the lawis as appeirit, and jieitingis and muster- but authoretie, in the Grayfreir Kirk of Edinbrugh, to the mervaill mgl of many, sie heirefter, folio 64. The Lord Deskfurde about this tyme wes maid Erll of Fyndlater, T ht Lord Destfurde whereat the Lord Ogiluy took exceptioun, being narrest the stock E^pHounlak^'thair- to wit, the laird of Purie-Ogiluy, and nobilitat before him. a fra - a The first baron of Deskford, of the name of Ogilvie, was Sir Walter Ogilvie, son of Sir Walter Ogilvie of Lintrathin, High Treasurer of Scotland in the reign of James I. Sir Walter, the son, ac- quired the barony of Findlater, by mar- riage with Margaret Sinclair, daughter and heiress of Sir John Sinclair of Desk- ford ; and his descendent, James, second Lord Ogilvy of Deskford, was created Earl of Findlater, by patent dated 20th February, 1638. Sir Walter of Lin- trathin, the father, was ancestor of James, eighth Lord Ogilvie of Airly, who was created Earl of Airly on 2d April, 1639. The old House of Ogilvy of that Ilk, (or as in the text Purie-Ogilvy) never attain- ed to much importance itself, but it pro- bably gave birth to the great branches of Auchterhouse and Lintrathin. The patent of the Findlater Peerage was to the first Earl, and the heirs male of his body ; he, however, had no male issue, and on 18th October, 1641, a new patent was granted, whereby the honours of Findlater were secured to Sir Patrick Ogilvy of Inchmartin, the son-in-law of the first Earl, and to his heirs male. This last patent gave offence to the Earl of Airlie and several other peers, who supposed that Sir Patrick would claim precedence over them, under the first patent to his father-in-law. His Majesty, however, by a writ dated at York, 29th November, 1643, declared that such was not his royal meaning, as such prece- dence would be especially ' derogatory to James, Earl of Airlie, who, besides that O 106 MEMORIALLS OF THE TRUBLES avcution of bur- Vpone the 8th of August ane conventioun of burrowis holdin at I;,',;" ; Striviling, quhair it wes actit, no maiestrat to be chosin throw all iis - the burrowis of Scotland bot sic as had subscrivit the covenant. The brughe of Abirdene had no commissioner there, becaus thay war not aduertesit (as the custom is) with the rest. Aluaies ane Abiidenisadverteisment. extract of this act wes send to thame fra this conventioun without any missive, quhairat thay mervallit. The commissioner re- Ye hard, folio 60, how the commissioner rode to court. He re- turnis, bnngis the turnes bak to Scotland commissioner agane about the 15th of Sep- Kingu mynd, and con- or fessioun and geneiaii tember, with the Confessioun of the faith and band of mantenans, word be word, conform to the first, as ye haue, folio 319, and the inscriptioun of the samen covenant, folio 325, and in presens of the lordis of counsall producit his Majesteis letter, declairing he wes most vnwilling to bring in novationis or alterationis of religioun it i s subscrivit w the within the kirk, bot to mantane the Confessioun of the faith, quhilk counsall at the Kinjris . -it , ■ • . j* . , i • .. -i • , i command. he send doun to be subscrivit first be his commissioner and nixt be the lordis of counsall. And this confessioun, sie folio 319, the commissioner also producit befoir the saidis lordis with the band of mantenans, requyring and commanding the saidis lordis to sub- scrive the samen in form foirsaid, conforme to our Soueraigne lords letteris, of the dait at Oatlandis, the nynt of September, 1638. Letteris to charg the As likuaies that the senatouris of the college of justice, judges ham leigis to subscnve. an( j maiestratis to brughe or land, and all vther subiectis quhatsum- euer, to renew and subscrive the said confessioun of faith and band of mantenans, quhairby all feiris of alteratioun of religioun micht be removit out of the hairtis of his good subiectis. In the quhilkis The King dischargis letteris also wes contenit a discharge of the seruice bookis, book of canonis, hie commissioun, and dischargeing all personis from practeising the fyve articles of Perth ; that ilk minister at thair entrie suld be suorne conforme to the Act of Parliament, and no His lingular goodness, vtheruaies ; that his Majestie wold forget and forgive all former disorderis movit anent thir bussinessis ; and if they do the lyk to be lyabill to the tryell of ane Parliament, generall assemblie, or ony he is an ancient noblemen, is also chief cordingly declared, that Sir Patrick of the family and surname of the Ogil- should take place and rank only accord- vyes, and of his family the said Earl of iug to the date of the patent in his own Findlater is descended.' It was ac- favour - (Airlie Writs.) ANNO 1638. 107 vther judges compitent, as in the saidis letteris of the dait foirsaid and imprinted at Edinbrugh at lenth wes contenit. Attour his Ma- jestie gave his said commissioner warrand to indict ane generall Anegeneraii assemblie assemblie, to be haldin at Glasgow the 21st of November, 1638, and ane Parliament to be haldin thairefter at Edinbrugh the 15th of Ane Parliament to foi- May, 1639 ; for satling a perfect peace within the kingdome, bothe in churche and policie. Forder the saidis letteris war ordanit to be publishit at the mercat cross of the heid burrowis of Scotland, quhilk wes printit at Edinbrugh by Robert Young, prynter. Sie folio 73. The lordis of counsall haueing considderit his Majesteis gryt good- The lordis :f counsallij nes, in granting to them moir nor thay lookit for, and as wold seim consi eratl0Un ' moir nor aneuch, thay fand them selfis fullie satisfeit thairwith, and maid ane act thairvpone, promesing to vse thair best meinis to mak his T hair faithfuii promeiss. Majesteis haill subiectis rest content thairwith ; and all and everie one sould testifie thair thankfulnes for so great a grace and goodness receavit at his Majesteis handis, and to offer thair lives and fortouns in his defenss, and mantenans of religioun ; quhilk act wes sub- scrivit with the saidis lordis handis at Holyroodhouss, 22nd of Sep- tember, 1638. Sic subscribitur Hammiltoun. Thair subscriptiouis Traquhair, Roxbrughe, Marschall, Mar, Morray, Linlithgow, £i ' ,h, sam '" ; " Perth, Wigtoun, Kinghorne, Tullibardin, Haddingtoun, Annandaill, Lauderdaill, Kynnoull, Dumfreiss, South-esk, Belhevin, Angouss, Lorne, Elphingstoun, Naper, Dalzell, Amont, J. Hay, S. Thomas Hope, S r "W ra Elphingston, Ja : Carmichell, J. Hammiltoun, Blakhall. Attour, be another act of secret counsall of the same dait, the Ane net vpone there commissioner foirsaid and lordis of counsall vnanimouslie swore and ° ,h and subso "P tIoun - subscrivit the confessioun of faith, and band off mantenance set doun folios 319 and 325, quhairvpone Schir Thomas Hope, aduocat, in his Majesteis name took instrument. Like as the saidis lordis of counsall evin then set out another act, Another act ofcounsaii. ordaning letteris to be publishit at the heid brughis of Scotland, schowing that his Majestie had indictit ane general assemblie, to be haldin at Glasgow the 21st of November nixt, and to warne the haill archbischopis, bischopis, commissioneris, and vtheris to keip and attend the said assemblie. 108 MEMORIALLS OF THE TRUBLES Mother act of counsaii. And by another act of the same dayt letteris ordanit to be publishit in forme foirsaid, declairing ane Parliament to follow at Edinbrugh the 15th of May nixtocum. And forder, the saidis lordis of secreit connsall causit warne, be oppin proclamatioun, the haill nobles, prelattis, barronis, burgessis, to keip the said parliament. Another act of COunsall. Vpone the 24th of September, the saidis lordis ordanit his Ma- jesteis leiges, of whatsoeuer estait, degrie, or qualitie, ecclesiasticall or ciuill, to sueir and subscrive the said Confessioun and generall band, sie folio 319, and messingeris to mak publicatioun thairof at the cross of Edinbrugh, and vther places neidfull. Another act of counsiiii. Like as, be another act of the same dait, the commissioner foir- said and the saidis lordis gave pouer and commissioun to noblemen, and vtheris within the haill schires of Scotland, to requyre his Ma- jesteis subiectis, of whatsoeuer rank, qualitie, or conditioun, to subscrive said Confessioun of faith and generall band, folios 319 and 325, quhilk Confessioun and band sal be markit and subscrivit be the clerk of counsall, and producit befoir thame to be subscrivit, as ye may sie, folio 68. The lordis takis panes. Now the commissioner and lordis of secreit counsall haueing takin the panes foirsaid to sie the confessioun, and generall band send doun be the King, to be subscrivit be the Kingis haill leiges, alsweill as thame selfis, had first suorne and subscrivit the samen. mge thare It fell out schortlie that thay changeit thair myndis contrair thair othis and subscriptions, alledging in the Kingis confessioun Episco- The vniust ressone. pacie wes abjurit, quhilk wes not, nor wes in the Kingis mynd so to Thay renunce his con- do. Aluaies thay renuncit the confessioun and band send doun be aant. 8 " ° the King to be subscrivit, sie folios 319 and 325, and adheris to the confession and covenant, abjuring Episcopacie, sie folio 78, to the greif of the King and wrak of this countrie, as ye may heir. Al- The Kingis goodness beit it is weill sein his Majestie to give them content grantit diuerss ordouris, pairtlie to his owne preiudice and aganis standing lawis ; done as wes thocht be persuasioun of the Marques of Hammiltoun, He is traittourit. moir faithfull to the covenanteris nor to his loving maister the King, by craft and vnpareld policie, quhairof his Majestie had The covenanteris win neuer informatioun. Aluayes our covenanteris culd not be pleissit iag a deVaTproiect. whill thair covp war full, conforme to the conclusioun betuixt thame ANNO 1638 109 and the malcontentis of England, cvninglie and obscurelie cove- Ar nf>t pieissit whin ... v. n. ■ j x. • £ V- 11 both they and England nantit, as may heirelter appeir, and quhairot yon haue hard sum- gat then- haiii wui. what befoir, folio 43. Aluayes the lordis leaves the Kingis covenant, folio 75. Quhairvpunc the lordis mi • i t n ii • i_ -il • v 1 • 1 leavis the Kin" is confes- lhe covenantens wnderstanding ot thir haul proceidings laid Molin and ban ^. compt befoii' the incuming of this generall assemblie, to bear doun T1,e , c ° T « na ° t . ei * o O ' against the bischopis. Episcopacie, and to that effect drew wp 7 articles and send to the befoir the assembly. 11 1 Thay draw wp 7 articles moderatouris of the haill presbitreis of Scotland standing to there aganis thame, and for . . , . r , c n • chuseing of commis- opinioun, quhairol the tennour tollouis : — sioneris, &c. 1. If any man enter in process with ministeris erroneous in doctrein or scandallous iu lyf, that thay be not chosin comissioners ; and if the presbitrie refuse thame pro- cess, that thay protest aganist there refusearis, and thairefter aganes the electioun of these ministeris to be commissioneris, and therevpone to tak instruments and to ex- tract the same. 2. To have ane speciall cair that informatiouns be tymouslie maid aganes everie bischop, with the sure evidenceis thairof, anent there miscareages in sindrie presbi- treis, and heighe commissioun, vrgeing interrantis to subscribe vnwarrantecl articles, receaveing of brybis from interantis, staying of censur aganist papistis, giveing licenss to marie without bandis ; the profanity of there owne lives, by drinking, hureing, carding, dyceing, braking of the Saboth, the purchess of there bischoprikis be brybes, thair vnhonest dealling in civill barganes, and abuseing of there vassallis : all these and suche like commoun to all or proper to any. 3. To remember the ministeris to be reddy for disputatioun about the heidis quhilkis are like to be exagitat at the assemblie, as Dc episcopatu ; Dc senioribus ; De deaconatu ; De potestate magislratus in ecclesiasticis, preserlim in convocandis consilijs, ct qui debent interesse in consilijs; De chilli jurisdictionc ecclcsiasticomm eorumque ojftcijs ciuilibus ; De rebus adjaphoris, et potestate magistratus in illis ; Dc liturgia prescripta ; De ritibus ecclcsice, sett liturgic Anglicane ; De juramento ; De cor- ruptelis liturgie Scoticanc cannonum ; De quinquc Pertkensibus articidis. 4. To chuse thrie commissioneris in every prcsbitry whair thay can be had weill affected, and to vse all meinis how few can be chosin in evill disposed presbitreis. Let well affected barronis and ministeris nixt adjacent indevour for this. 5. Consultatioun wold be had be the best affected amonges thame selfBs befoir the electioun, that in the choosing thair voices be not divydit, bot may condisccnd togid- der vpone the same persones. 6. To vse all meinis for eschewing in the electioun, alss far as may be, chapdour- men who haue chosin bischopis ; these who haue sittin in the heighe commissioun : chappellmen who haue countenanced the chappell ceremoneis and novationis ; all who off'erit to reid and practeis the seruice book [and] buke of canonis ; and ministeris who ar justices of peace, althogh thay haue subscrivit the covenant, unless thay haue 110 MEMORIALLS OF THE TRUBLES desistit and acknowlcdgit the vnlauehfulnes of there former dealling, beeaus these and suche like wilbe reddie to approve these corruptionis in the assemblie. 7. That where ane pryme uobillman and Weill qualefeit gentilman may be chosin in sindrie presbitreis, that he be chosin in that presbitrie where thair is grytest scarsitie of able men. Heir I leave thame quhill folios 71, 72, 75. The bischopis ar abolished and excoinvnicat, folio 76, folio 80, thay ar all deposit but not all excomvnicat. His Majesteis letters Now his Majesteis letteris of the dait at his court of Oatlandis, StataM^^ ^ ^ of September, 1638, ar publishit, red, and proclameit at book, hie commission, tbe crogs Q f Edinbrugh, dischargeing the seruice book, book of cannonis, and hie commissioun, and dispensing with the fyve articles of Perth ; that the minister at his entrie sail give no vther oath bot sic as is contenit in the actis of parliament, commanding also the lordis of privie counsall and all his good subiectis to sub- scribe and renew the Confessioun of faith ; with warrand to indict ane generall assembly, and thairefter ane parliament, and that his Majestie (with the rest) forgave all bygones, and ordanit a solempne fast. Bot oh, for pitie, this gratious proclamatioune wes not ac- ceptit nor allowit, bot contrarie way solemplie protestit aganes : This proclamation gat For howsone thay war red, thair compeirit at the said mercat cross no obedience. diuerss and sindrie nobillmen, barronis, gentilmen, burrowis, minis- protestatioun maid teris, and commouns with ane protestatioun in writ (thairefter aganist the sameu by , n - . nmitituds of people. printed) aganes the said proclamatioun, qunilk wes maid vpone the 22nd of September, and immediatlie thairefter protestatioun wes maid as said is, red out of wreit be Mr. Archibald Johnstoun pub- Thair ressonis. lictlie, saying that the seruice book and book of cannonis ar not so far dischargit as thay haue bein vrgit by preceiding proclamations, whiche gave approbatioun to the saidis bookis ; that the practeiss onlie of the Perth articles ar discharged or dispensit with ; that prelatis war warnit to keip the generall assembly, contrair to the actis of the kirk and there declinatour, and there owne supplica- tionis, craveing ane frie generall assemblie without limitatioun, Thay refuse to subscrive vseing diuerss ressones therefoir : thay planelie refuse the subscrive- Ind banf confession ing of the Kinges covenant, and gives the ressones thairfoir : That archibischopis and bischopis sail haue no place nor voice in the ANNO 1638. Ill assembly, nor that thay be not present, bot as Rei to compeir to Thair reasons aganis wnderly tryell and censure in lyf, office, and benefice : That none fng°of P theToDfessiou"! who have subscrivit the first covenant be charged or vrged, either to procure the subscriptionis of otheris or to subscrive thair selffis vnto any other confessioun or covenant, and maid appellatioun fra Thair appellatioun. the lordis of counsall to the nixt frie generall assemblie and parlia- Tha , n0 subscription be ment, as the onlie suppreme nationall judicatoreis competent, &c. : ^^f 11 t0 the tirst That no subscriptioun, whidder by the lordis of counsall or vtheris, be nowaies preiudiciall to the first covenant, &c. : With all warning, Thay exhort .,„ nian to and exhorting all men to hold thair handis from all vther cove- nantis till the nixt generall assemblie, for saiffing the countrie from thay hauedone no wrong ° ° to be forgivin. contrarie oathis : That as to the Kinges forgivenes thay protest what thay had done wes lauchfull, &c. Thus is this protestationis publictlie red out be the said Mr. Archibald Johnstoun, wherevpone James Erll of Montross, &c, in name of the noblemen, &c, Maister Alex r Gibsoun younger of Durie, in name of the barrons, George Porterfeild, merchand, burges of Glasgow, in name of the burrowis, Maister Harie Rollok, minister at Edinbrugh, in name of the ministeris, and the said Mr. Archibald Johnstoun, reidar, in name and behalf of all who adheir to the confessioun of faith and covenant laitlie renewit within this kingdome, took instruments in the handis of thrie notaris present instrumentis takin at the said marcat cross of Edinbrugh, befoir many hundreth wit- *p««tM*P™*«t»*»* nessis ; and what his Majestie had most gratiouslie done, yea, and forgivin, as is formerlie said, and plesandlie acceptit be the lordis T he Kingis goodness of privie counsall, is altogidder misregardit be thir covenanteris, and n,lsre s ardlt and "chtieit. nowayis acceptable vnto them, as be the particular condiscendanss contenit in thair imprinted protestatiouns most lairgelie do appeir. Aluayis, efter taking instrumentis vpone thair protestationis, ilk Thay disso i ue fra the man dissolues and gois sindrie getis. eross - Ye sie, folio 65, of ane act of counsall maid anent the Kingis pro- „ , , „ „. Or Ordour fra the Kingis clamatioun to all his subiectis to subscrive the confessioun of faith, commissioner, and coun- sail, to the Marquess of and band ot mantenans. Ihe samen wes directit out amonges the iiuntiie, the Erll Mar- rest to the Marques of Huntly, the Erll Marschall, the Erll of King- orne, \L B Lord" ro'rbfs orne for him self, and as tutour to the Erll of Erroll, the Lord t0 Foi'bes, the Lord Fraser, and laird of Drum, commissioneris ;md caus the peoplesub " scrive the confessioun coniuncthe and seuerallie for the schire of Abirdein ; and to the ™* band. &c. 112 MEMORIALLS OF THE TRUBLES said Marques of Huntlie, the Erllis of Marschall and Fyndlater, for the schirefdome of Banf ; and to the said Marques of Huntly, the Erll of Seafort, the Lord Lovat, the lairdis of Grant and M c Intoshe, all coniunctlie and seuerallie, with pouer to them to pas to the seuerall boundis aboue writtin, and to exhibit the said con- fessioun of faith and band aboue specefeit, marked and subscrivit be the clerk of counsall, and to requyre all his Majesteis leiges of vvhatsoeuer rank and qualetie to subscrive the samen, and to And to report tlinir mak report of thair diligens betuixt and the 13th day of November ililicencc. . . nixt. i u irquess of HuntHe Howsone the lordis of Counsall and his Majesteis heighe commis- sioner send this proclamatioun, with the covenant aboue expremit, to the lord Marques of Huntlie, most humbly and willinglie ac- rhe hail! rest refuisis. ceptit the charge, (albeit the rest of the commissioneris throw the haill thrie schyres refusit ilk schirefdome efter vther) and in He cumis to Abirdein peciable maner, vpone the 4th of October being Thuirsday, cam to New Abirdein accompaneit with his tuo sones the Lord Gordon and Lord Oboyne, the laird of Cluny, and sindrie vther barronis and gentilmen, and produceit and exhibit the confessioun of faith and band aboue expressit, in presens of the tounes people convenit to Purchessis many sub- that effect, who veray willinglie subscrivit the samen, (except sic as war covenanteris) vpone paper coppeit from the print. a Vpone Frydday 5th October he send John Spenss, Rothesay a The Marquis of Huntly, and Sir wer present, that they wer to subscry we the Alexander Irvine of Drum, as commis- said confessioun, as it oondemneth and ab- sioners appointed by the Marquis of jureth all popish erroris, idolatrie, and Hamilton, required the provost and superstition, reallie and indeed repugnant baillies to subscribe the Confession of to God's holy word ; and that thay do not of faith, dated in 1580, with the general wnderstand Perth articles, and Episco- bond for the maintenance of true religion, pall government, or any doctrine, rite, dated in 1589; and also to convene the or ceremony not repugnant to Scripture, whole inhabitants of the burgh, for the or to the practice of the ancient or purpose of subscribing these documents. moderne reformed and sound churches, This was accordingly done, and the pro- or to the confessioun of the Churche of vost, Mr. Alexander Jaffray, • for re- Scotlande, registrat in the acts of Parlia- moweing all scrupill out of the mynds of ment to be condemned and abjured in it ; the people, desyred Doctor Robert Bar- and desyred that ane act sould be sett roun, and Doctor James Sibbald, twa of doune, and enacted heirwpoun, in per- the tounes ministeris, to subscrywe the petuall evidence and testimonie of this said confession and band, who, befoir thair conceptioun, and vnderstanding of thay gave thair subscriptionis, declared the foirsaid oath. (Council Reg., vol lii. and protestit befoir God and all men that p. 413.) ANNO 1638. 113 herauld, with his cot armes to the marcat cross of Abirdein, to r r0 ciamatioun maid at publish the proclamatioun aboue expressit ; bot there wes standing J^STthf Karnes"' vpone the cross attending the same, the Lord Fraser and maister of was present. Forbes, with thrie notaris callit Robert Keith, Mr. Alex r Forbes, and Mr. James Cheyne, with mvltitudes of people about them. The herauld seing sic conventioun before he began his proclama- tioun, chargit them in the Kingis name to go doun from the cross, qubilk thay obeyit, and stood vpone the get hard besyde. Howsone the people wes put af of the cross, the lord Marques cums fra his lodging with his awin sones and freindis, and the laird Drum, schiref of Abirdein, as ane of the foirsaidis commissioneris, and ascendit wp the cross, standing besyde the herauld and all his com- pany bairheidit. The drum toukit, and the proclamatioun publishit, quhair the Lord Fraser and maister of Forbes with there notaris cam to heir at the same syd of the cross quhair thay stood first. The proclamatioun endit, the Marquess gave ane gryte shout saying God saif the King, syne peciablie left the cross ; bot immediatlie the The Lord Fraser and Lord Fraser and maister of Forbes cam to the same place whair the p^ttetiou"agaiiis a ale Marques stood, and maid protestationis aganes the samen set doun sameD - in wreit, and took instruments, throwing the paper quhairon the Thay tak instruments protestationis wes writtin out of his hand in the air, and gave also v P on thair protestationis. ane gryte shout saying God saif the King ; bot the people cryit out with gryte joy at the Marques schout, bot few or none cryit out with the Lord Fraser ; the Marques standing luiking out at Petfod- dellis foir lodging beholding thair protestationis. Aluaies thay went Thay go to thair lodg- to there lodginges. a Vpone Mononday the 8th of October, the Marques cam over to r he Marquess cums to the bischopis hous of Old Abirdene, where the bischop himself wes ,he old toun ' ■ ' The said noble Marques signifiet to the saids prowest and baillies, that, by warrant from the lord Marquis of Ham- iltoun, his Majesties commissionar, and lordis of privie counsall, he was to caus ane of his Majesties herauldis proclaime this day, at the mercat croce of this burghe, his Majesties declaratioun foir- said ; and thairfoir desyred the saids prouest and baillies, with thair tounes counsell, and otheris most respective nichtbouris of the toune, to be present at the said proclamatioun. Whairwnto the saids prouest and baillies most hartielie and willinglie condiscendit, promising to attend the said proclamation, and to ap- plaud the same with most joyfull accla- matiouncs, for such reall expressions of his Majesties most gracious favour and goodness, bestowed wpoun this his ancient kingdome, for setling of the peace thairof both in kirk and state.' (Council Reg.) 114 MEMORIALLS OF THE TRUBLES. The bischop, principal!, present, principal], regentis, and haill bodie of the toune wes con- comraon'is S Tu\"c'rive^ venit, and thair causit publictlie reid out the foirsaid confessioun of era^ai^'sfe n foU(> n '8i' anc * ^and °^ m antenans quhilk wes imprinted; and, as ye may heirefter sie, folio 319, set doun word be word. Efter reiding quhairof, the bischop, the principall, the regentis, gentrie, and haill commonis of the toun willinglie obeyit, and subscrivit the samen ; whose names wes (besyde thair subscriptions) wrettin and nottit vpone ane vther paper. The Marquess sendis ane Quhilk being done, the Marques rode from Abirdene vpone the and Banf/synT^dis n ynt of October, and directit the foirsaid herauld with the tounes homc- drumier to Banf and Innerniss to mak the same publicatioun, with ane discreit man to receave the peoples subscriptionis, bot no No obedience, bot pro. obedience wes g-ottin thair, bot protestationis and instruments testations and instru- t ° 1 mentis stm takiu. takin as is formerlie said ; And this noble Marquess wes evill re- wardit for all his panes, as efter ye sail heir. Aluayes he reportit The Marquess reportis his diligens to the lordis of counsall befoir the 13th day of Novem- his diligens, and gat ° * Httiii thankis. ber, bot Mr. Johne Lundie, maister of the Gramar Scooll, subscri- vit not this covenant, sie folio 81. The Kingiyks Abir- It wes reportit that his Majestie lykit well of the toune of Abir- dein and thair doctoris. dein> and thair doctoris CO nstancey of bothe Abirdeines. Whair- The toun is maid vpone he makis new Abirdene schireffis within tham selfis, whiche schirefis, and getis vther . . . fauoris deir bocht. thay neuer had befoir, and that heritably. He gave them the su- perioriteis of the haill temple landis within there brughe, and ratefeit thair haill liberteis in ample forme. a Bot deir wes thir favoris bocht, as ye may heirefter sie at diuerss pairtis of this story. The doctoris of Abir- ^ wes sa'd the King wreit to our doctoris of Abirdene to go to fsTmbiyrbVnfonrJen't ensevv 'i n g generall assemblie, and to contribute thair best affec- tionis for satling of all materis, and that the Marques of Huntlie (aduertesit by the commissioner his grace) desyrit them also to be in reddiness, bot none obeyit for plane feir. Aluaies thair wes commissioneris fra the chosin commissioneris, doctour Barron and doctour Sibbald, doctour piesbitne of Abirdeiu. Goold and Mr. Dauid Lyndsay, persone of Balhelvie, for the pres- nam'd U Lynd°ay,' Mr! bitrie and brughe of Abirdein, bot none went except doctour Goold Mrio"nrLandy n for and Mr> I)amd L y n( 3say ; with whome went also Mr. Johne Lundie, the coiuge. maister of the Gramer Scooll, and commoun procuratour of the a The charter by which these privi- at Oatlands, 9th September, 1638. leges were conveyed or ratified, is dated ANNO 1638. 115 Kingis Colledge, for sic effaires as concernit thame, and to ansuer to sic complaintes as hapnit to be givin in aganist the principall or memberis thairof, bot had no more commissioun ; bot he went be- yond his warrand as ye may sie, folio 71. Mr. James Hervie, minister at the New Kirk, went also commissioner for the doctoris of Abirdein, and antecovenanting ministeris within the presbitrie of Abirdein. The laird of Frendraucht, in this moneth of October, maliciously The laird of Frundraelit laid on thrie seuerall summoundis aganes the Marques of Huntlie, Huntiy." * arquess "' as air to his vmquhill father ; ane thairof to heir ane decreit trans- ferrit of 200,000 merkis for his skaith sustenit be the licht horss men; ane vther to heir and sie ane decreit transferrit for 100.000 merkis, for spoliatioun of the teind scheavis off Drumblait ; the thrid to heir and sie ane decreit transferrit for making of ane new tak of the saidis teyndis ; quhilkis decreitis had bein obtenit befoir at Frendrachtis instans aganes the Marques father, bot litle follouit vpone thir charges. Vpone the thrid Tuysday and 16th day of October, the provinciall The provinciaii assembly assemblie sat doun in the Colledge kirk of Old Abirdein. The m Ab,rdem - bischop wes present, and many covenanting and antecovenanting The bUchop was pro- of the ministrie wes thair. Thomas Crombie of Kemnay, and Mr. sent ' Williame Dauidsone, schiref deput of Aberdein, cam thair direct Th e Marquess sendis t., fra the Marques of Huntlie to the bretheren, to subscrive the Kingis * l,bscrive tbe f n f is con - ' O fessioun and band. covenant and band. Sum obeyit, sum refuisit, and sum gave de- Thair ansueris. laying ansueris ; at last thay dissoluit in peace. Vpone Sonday the 28th of October, the parochineris of Sanct Warning to Jfaucher Maucher [wer] warnit efter sermon be the reidar to cum in on ^onfe^oun^an""^ Wednisday nixt, and subscrive the Kingis covenant and band of few cam " mantenans, bot few cam : and siclike ane fast proclamit to be keipit Ane fast pioc i amit on Sonday thairefter, before the doun sitting of the generall assem- blie, quhilk wes solempnlie keipit. Vpone the first day of November our soueraigne lordis sessioun The sessioun sittis doun sat doun in Edinbrughe, bot thair wes litle ado. Many of the in Edinbn, & h - lordis of sessioun, except Craighall, Durie, Cranstoun, and Inner- teill, subscrivit the Kingis covenant. Now the covenanteris ar cairfull to try what complaintes or faultis compiaintis aganis the could be found in the bischopis, and speikis out many thinges bisch °P is - 116 MEMORIALLS OF THE TRUBLES against them, whiche drew thair names to be odiouss amongis the commoun people. Amongis the rest, the maister of Forbes movit sum complaintis aganes the bischop of Abirdein, his awin father brother vponc the mother syde, befoir the presbitrie of Aufurd and Turreff ; referit to the generall assemblie, and the bischop warnit thair to. Quein mother cums to In this moneth of November, Quein mother cam weill convoyit out of France to London. Scho wes weill receavit, and honorablie intertynneit vpone the Kingis charges ; who wes also thocht to be no good instrument in the trubles following, sie folio , scho being ane Rom an e Catholik. The Erii off Mar dis- About this tyme the Erll of Mar, constabull of the castell of oTtL h cast C e°rof b Kdi^ Edinbrughc, disponit his richt of the samen constabulary, as is sup- brugh - posit, to the Marques of Hammiltoun. Aluaies it is still over- it is overwatchit by the watchit be the covenanteris, sie folio 52, suffering nothing to be im- portit thairin but at thair discretioun ; bot how, or whom too, this dispositioun wes maid be Mar is yit vncertane, bot he quytis the place. Proclamation maid at Vpone the 16th day of November proclamatioun maid at the d^°enar^ng f fom^ca 15 ''' C1 '° 9S of Edinbrugh, dischargeing convocatioun of the Kinges leiges tioun of the Kingia £ 0 cum ^ 0 ^j ]e n \ x ^ ensewing generall assemblie : and none to cum leigis to this assembly. . thair bot the chosin commissioneris and thair ordinal* seruitouris, and that in peciabill maner, not with forbiddin wapins, as hagbutis, pistollis, and suche lyke, wnder the pane of tressoun ; bot the rrotestationis maid covenanteris protestit aganes the samen, saying it wes lauchfull for all man, vpone his awin charges, to resort to ane nationall assemblie for instructing of thair myndis in materis of religioun, and it wes lesum to thame to weir forbiddin wapins, alsweill as the rest of thair contrarie factioun did. Thus, without regaird to the Kingis procla- matioun, thay went on as [thay] pleissit, contrail* the Kingis procla- matioun. The bischopis a r citit 1° * ne meintyme, befoir doun sitting of this assemblie, the haill of f Edinbru6h e * bitriC archibischopis and bischopis ar citit to compeir befoir the presbitrie of Edinbrugh, to ansuer to the complaynt of Johne, Erll of Sudder- The causs and comple- land, Johne, Erll of Atholl, and diuerss vtheris noblemen; and at the instans of sindrie barronis, churchemen, and burgessis. The complaint wes odiouss if it had bene trew, groundit vpone corrupt ANNO 1638. 117 doctrein, poperie, Armenianisme, superstitioun and will worschip, The compiaynt. of evill lyf, and many other pointes. Thay ar callit befoir the Thay ar oanit( bot com . presbitrie of Edinbrugh, who culd not weill be judges ; and inre- peris not- spect of thair not compeirans, this complaint is referrit to the Thay ar referrit to the generall assemblie, befoir whome thay durst not compeir for feir of lirdursTnot^oompeir. thair lives, albeit the King had commandit them to cum. The com- The eompiaineris ar not planeris of set purpoiss wes haldin out as commissioneris, to the ef- oommissionens - feet thay micht compeir as pairties ; and vpone the nixt Saboth, being the 28th of October, the said compiaynt wes red out of all The complaint is red out the kirkis of the presbitrie of Edinbrugh to mak the bischopis of tI '" kirki 4 s "t'l 1 , r ~ r presbitrie oi Eumbrugh. odiouss, and thairwith warnit thame to compeir befoir the generall aml thairwith the bischopis ar warnit to assemblie haldin at Glasgow the 2 1st of November, according to compeir befoir the as- ane act of the said presbitrie, whiche wes schort citatioun aganes sembhe ' mony of the saidis bischopis duelling far distant, sie folios 75, 76. Vpone the 21st day of November, James, Marquess of Hammil- toun, &c, his Majesteis commissioner, and haill lordis of counsall, with mony vther nobles, barronis, burgessis, and clergie convenit in The commissioner, Glasgow, the covenantees bodin in feir of warr. The most aun- ST ota^Hr? 7, C ° nVt " iS cient preicher of the toune preichit within the Heiche Churche of Glasgow on the morning, and efter sermon, out of pulpit, desyrit sermon maid, all present to begin the actioun by chuseing of ane moderatour. "Weill, within the said Hie Churche, the assemblie thairefter The assemblie sitis sitis doun ; the churche durris wes straitlie gardit by the toune, tZmbLf^ 2Ut none had entress bot he who had ane taikin of leid, declairing he None had entress with- wes ane covenanter. Thair cam out of ilk presbitrie within the out anctalkm - kingdome to this assemblie, ane, tua, or thrie of ablest covenanting The commissioneris and ministeris, with ane, tua, or thrie reulling elderis, who sould voice la - v eIderis - as thay voiced. Now all being set, the durris cloisit and guardit , efter prayer, as The order and pr 0g resv vse is, thay begin to chuse ane moderatour : bot first, the commis- of tbls assembhe - sioner desyrit his commissioun to be red, quhilk wes done, and that day dissoluit. The nixt day the moderatour is vrgit : bot first, the commissioner desyrit his Majesteis letter send to thame to be red, quhilk wes done, and then fell vpone ane moderatour; bot doctour DoetourHamiitouncom- Hammiltoun, minister at Glasfoord (haueing by moyan win in) S^Jj^SS* to ' standis wp as commissioner for the archibischopis of Sanct Androiss touris in wreit - and Glasgow, the bischopis of Edinbrugh, Galloway, Ross, and 118 MEMORI ALLS OF THE TRUBLES It is refuisit, and why. Instrumentis takin, pro* testationis maid. Mr. Alexander Header- sone is maid modera- tour. The assemblie bukis eareit to them. Mr. James Sandilandis wantis the clerkschip, yit getis good payment Mr. Archibald Jolin- toun is chosin clerk. The commissioner de- sires assessouris, and is denyit. Xota. The commissioner be- held all. Thair order. The bischopis declina- tonris ar red. Thair ausueris ar de- sirit to be red. Brechin, be virtue of thair subscrivit warrant], daitit at Holyrood- houss, Newcastell, and Glasgow, 16th, 17th, and 20th dayis of No- vember, 1638 ; and presentit vnto the commissioneris grace declina- touris in paper aganis the vnlauchfulnes of this assemblie ; and de- si rit the same to be red, quhilk wes refuisit quhill first the modera - tour suld be chosin ; quhairvpone the commissioner and the said doctor Hammiltoun bothe took instrumentis in the handis of the Clerk Register, and protestit aganis any sic electioun, and that the samen suld not be preiudiciall to the King nor lawis of the king- dome. Mr. Alex 1 * Hendersoun wes chosin moderatour, and the as- semblie bookis had to Edinbrugh be Mr. Thomas Sandilandis, and fra that to Glasgow, whiche gave them informatioun how to reull bischopis. His fayther wanted the clerkship, hot wes soundlie payit of his pensionis out of the bischoprik of Abirdein, as is heir- efter, folio , for sending of thir bookis. Bot Mr. Archibald John- stoun wes chosin clerk in his place. The moderatour and clerk chosin, the commissioner desyrit the Erll of Traquhair, Thesaurer, the Erll of Roxbrughe, Lord Privie Seall, the Erll of Argile, the Erll of Laverdaill, the Erll of Southesk, all Lordis of Secreit Coun- sall, and Schir Lues Steuart, aduocat, to be joynit with him as assessouris, and to haue voice as he had in materis questionable, as wes vsit in vmquhill King James tyme : Bot this desyre wes abso- lutlie denyit, saying his grace had pouer to consult with his asses- souris, bot suld haue no voice in the assemblie ; and if the King him self war thair, he sould haue bot ane voice, and that not nega- tiue nather, moir nor affirmatiue, than any one member of the assemblie had. Mervallous to sie, quhairof the like wes neuer refusit abefoir at our Scottish generall assembleis : Bot this article wes foirsein by the tables at Edinbrugh, and ordour givin to refuse the samen, whiche the commissioneris grace beheld patientlie. The 4th day thay began to reid thair seuerall commissionis. The 5th day thay went on in thair electionis. The 6th day, being the 27th of November, the commissioner vrgis agane the reiding of the bischopis declinatouris and protestationis, whiche wes done be Mr. Archibald Johnstoun the clerk ; quhairat thair wes muche laughter be the bretheren, and muche ressoning betuixt thame and the commissioneris grace. Vpone the morne, the moderatour de- ANNO 1638. 11!) sirit the clerk to reid thair ansueris to the saidis declinatouris, and concludes to establish thair generall assemblie as ane lauchfull The assembly estabiishit judicatorie aganist bischopis, without the Kingis auchtoritie or con- ** p ane iwwMWijndie* sent of his commissioner, who maid still oppositioun aganis the The commissioner is of- samen. And fynding lay elderis brocht in to give voices in the [ 0 °J* for diuerss res " said assemblie, as the ministeris whome thay had chosin commis- sioneris befoir thame wold voice, and no assessour grantit to the King ; and that the bischopis war cited to compeir befoir sic judges Dischargis the assem- as wes thair mortall enemeis ; for thir ressones, and vtheris disor- bhe ' deris of this assemblie, the commissioner apeirit to becum impatient, and requirit and commandit them, in his Hines name, not to pro- ceid any further, and to say prayer and dissolue this assemblie ; protesting what thay had done or sould do micht nowayes touche His protestatiouns. the Kinges prerogatiue or oblege his subiectis, nor that thair assemblie actis sould be esteimit lauchfull bot declairit null. Bot the moderatour desyrit his grace to forbeir to dissolue thair assem- The modtratouns blie in simvlat maner, and with all to heir thair ansueris aganes his ausuel ' protestatioun ; quhairof it appeiris thay war weill aneuche acquent. The commissioner refuisit to heir the samen red, and commandit The commissioner com- thame to ryss wnder all hiest panes, quhilk thay planelie disobeyit, Th^disXy/and^itis and sat still ; quhairvpone he suddantlie startis wp and gois to the ^, m - . . 1 r r o The commissioner re- dur (whome the lordis of counsall follouit) leaving thair clerk reid- movis - ... . . . ,. ... . . . . The lordis of counsall ing thair ansueris ; and immediatlie causis ane herauld go to the foiiowis. Cross of Glasgow in his cot amies, with ane proclamatioun maid wp be him and the lordis of secreit counsall, and subscrivit with there handis and givin wnder his Majesteis signet, daitit the 29th of November ; and be sound of trvmpet dischargeit the said generall He dischargis the as- assemblie, and in his Hines name commandit the said pretendit scmbUcat th< : c " vv moderatour, commissioneris,- reulling elderis, and all vther mera- beris thairof, not to treat, consult, or conclude any farder in the said assemblie, wnder the pane of tressoun, and that thay sould ryss That thay suid dissolue wp and dissolue out of the toune of Glasgow within 24 houris, dis- the pane ot tres " chargeing also all his Majesteis good subiectis from giveing obe- in s uiues subiectis not diens to thair pretendit actis, as in the letteris raisit thairanent t0 obey them ' moir fullellie proportis ; and the commissioner, standing at the instrument takin cross, heirvpone took instruments. Bot the covenanteris protestit Th f coren ? nteris t->kis r 1 instruments also, and and took instrumentis in the contrair, saying his Majestie had in- protests. 120 MEMORIALLS OF THE TRUBLES Thir letteiis ar send to Edinbrugh, with liis awin declaratioun. Protestationis maid aganis the samen be covenanteris. He sendis to the Mar- quess of Huntly. He gois to horss ; sum nobles speikis with him. He is suspect. dictit this generall assemblie quhilk he nor his commissioner culd not dissolue agane without consent of the same assemblie. Aluaies the commissioner directis the samen letteris to be pub- lishit at Edinbrugh, and sendis his owne declaratioun thairwith ; and siclike to the Marquess of Huntlie to causs publish as beirefter do appeir, syne gois to horss touardis Hammiltoun ; bot at his vnlouping the Erll of Argile, the Erll of Rothass, and Lord Lynd- say, thrie pilleris of the covenant, had sum privie speiches with him, quhilk drew suspicioun that he wes on thair way, folio Heir it is to be markit that thair wes ane act of counsall, daitit at Holyroodhous the 24th of September, 1638 ; quhairof the tennour follouis : — The whiche clay ane nobill Erll, James, Marquess of Hammiltoun, &c, his Maiesteis commissioner, haueiner produceit befoir the lordis of secreit counsall, vpone Anc act of counsall •> ... . . . . e , ordaning the Kingis the 22nd of this instant, a warrand signetit by his Majestie, of the nynt of Septem- confessioun to be sub- wua i r ; n; amongis vtheris of his Majesteis gratious and royall expressions for preseruatioun of the puritie of religioun, and dew obedience to his Majesteis auch- toritie in the mantenans thairof, his Majestie did will and ordanc that the lordis thame selfis sould sueir the confessioun and generall band mentionat in his Majesteis said warrand, and also sould tak suche ordour as all his Majesteis subiectis may sub- scrive the samen. And the saidis lordis of counsall, acknouledgeing his Majesteis pious and gratious dispositioun and afFectioun to the puritie of Godis treuth, did, vpone the 22nd of this same instant September, vnanimouslie and with all humill, hairty, and sinceir afFectioun sueir and subscrive the Confessioun of faith, daitit the 2nd of Marche, 1580, according as it wes then professit within this kingdome, togidder with the foirsaid generall band, daitit in anno 1589. And now, to the effect that all his Majesteis leiges may give the lyk obediens to his Majesteis so pious de- sire, thairfoir the saidis lordis haue ordanit and ordanes all his Majesteis leiges, of whatsoeuer estait, degrie, or qualetie, ecclesiasticall or civill, to sueir and subscrive the said confessioun, daitit the 2nd of Marche, 1580, and that according to the said dait and tennour thairof, and as it wes then professit within this kingdome, togidder with the said generall band, daitit in anno 1589, as thay will ansuer at the contrary vpone thair obediens ; and ordanes officiaris of armis to pas to the Mercat Cross of Edinbrugh and mak publicatioun thairof, and vther places neidfull. The covenanteris al- ledgis by this act Vpone this act, the covenanteris alledgit tbat the foirsaid Con- d J "" fessioun of faith wes wnderstood to be (as it wes then professit and receavit when it wes maid), and that in that confessioun defenss, both of doctrein and disciplyne then establishit, is suorne ; at whiche ANNO 1G38. 121 tym episcopall government being (as thay alledgit) abolishit, it must neidis follow that the same government is by this lait othe abjured. This act, so set furth to give contentment, turns oure covenant- The covenanteris con- eris quyte contrary to the Kingis opinioun, who still mantenit mynd!° *" K ng S episcopacie, as ye haue, folios 64, 65. And thay set to beir thame doun simpliciter, and that this act sould cary the sens of abiureing episcopacie. Quhairat the commissioneris grace set out ane declara- Tin- commissioner setis tioun in print, pvrging him self of any suspicioun culd aryss from J[*™[ lou "' the said act, and mantaneing episcopacie to be gude and lauchfull ; quhilk imprinted declaratioun he causit publish and spred, to mak his owne pairt good at his maister the Kingis handis ; albeit he wes wnder deidlie suspicioun to be on the covenanteris courss, as heirefter wold appeir, folio The Marques of Hammiltoun rydis directlie fra Glasgow to Ham- n e wreitis to the Kin?, miltoun, and haistellie wreittis to the King [of] the generall assem- blie, with his awin haill proceidinges, quhair I will stay a while whill folio 76, and returne to the generall assemblie. Thay sit still, The assemblie si«s stui. and mony fleis hame for feir of the proclamatioun, sic as Johne Sum gois home throw Kennedy of Kermvk, a reulling elder of the presbitrie of Ellon, Mr. fe " Johne Annand, persone of Kynnoir, Mr. Androw Logie, persone of Rayne, Mr. Joseph Broddie, minister at Keith, Mr. Thomas Thoiris, minister at Wdny, Mr. Johne Watson, minister at and diuerss vtheris ; bot thair removeing wes markit and Thay ar forsit to yeild. forsit to yield, as ye haue, folio Mr. Johne Lundie, as ye haue, folio 69, being send over as agent M r. .iohue Lundy ex- for the colledge of Auld Abirdein, to attend sic effaires as hapnit to eeidis Ms c0 »' missir '" n occur concerning them, went beyond his commissioun, and gave in ane petitioun to the assemblie, desyring Mr. James Sandilandis, His petitioun. cannonist, the cantour, choristis, and cheplanis to be removit as vnnecessary memberis, leiving vpone the colledge rentis, brocht in aganis the Kingis foundatioun. It wes hard, and ane committe Ane committe apointit appoyntit to viseit the said colledge, as ye haue, folio 85. The assemblie gois on, and abolishis the haill bischopis of Scot- The assemblie gois on. land be thair actis as follouis : — The generall assemblie haucing hard the complaintis and libellis givin in aganes The bischopis abolishit. Mr. Johne Spotiswod, archibischop of Sanctandrois pretendit, Mr. Patrik Lyndsay, Q 122 MEMORIALLS OF THE TRUBLES The first act. pretendit archibischop of Glasgow, Mr. Dauid Lyndsay, pretendit bischop of Edin- The bischopis of Sanct- brughe, Mr. Adam Bellenden, pretendit bischop of Abirdein, Mr. Thomas Sanserf, brugii^Abii'dcin! 'Gal-'"" pretendit bischop of Galloway, Mr. Johne Maxwell, pretendit bischop of Ross, Mr. loway, Ross, Brechin, Walter Whytfurd, pretendit bischop of Brechyn, and Mr. James Wedderburne, '.r''i'a',ni ', , > i , "x.'.Vt',, v',',', 1 pretendit bischop ..f Dumblane : Thairfore tin- said atfsemblie hath ordanit these cat - pretendit bischopis to be deposit ; and by thir prcsentis deposis them not onlie of the office of commissionary, to haue voit in parliament, counsall or conventioun, in name of the kirk, but also of all functionis, whidder of pretendit Episcopall or ministeriall calling ; declaireth them infamous ; aud likuaies ordanes the saidis pretendit bischopis to be excomvnicat, and declairit to be one of those quhom Christ commandeth to be haldin by all and everie one of the faithfull as ethnikis and publicans ; and the sen- Intimatioun to be maid tence of oxcomvnicatioun to be pronuncit by Mr. Alex r Hcndersone, modera- imd maner how. tour, in face of the assembly, in the heiche kirk of Glasgow, and the executioun of the sentens to be intimat in all the kirkis of Scotland, by the pastoris of everie parti- cular congregatioun, as thay wilbe ansuerabill to thair presbitreis and synodis. The secunil act. And siclike, be another act of the said assemblie, as follouis, viz. The bischops of Dun- keld, Morray, Orknay, Lismoir, lies : Thair de- positioun. Thair ordour or then to be excomvnicat. The generall assemblie haveing hard the libellis and complayntis givin in aganes Mr. Alex r Lyndsay, pretendit bischop of Dunkeld, Mr. Johne Guthrie, pretendit bischop of Morray, Mr. Johne Grahame, pretendit bischop of Orknay, Mr. James Fairly, pretendit bischop of Lismoir, Mr. Neill Campbell, pretendit bischop of the lies : Thairfoir ordanes the saidis pretendit bischopis to be deposit ; and by these presentis deposis them not onlie of the office of commissionarie, voit in parliament, counsall or conventioun, in name of the kirk, bot also of the functionis, whidder of pretendit Episcopall or ministeriall calling ; and likuayes, incace thay acknouledge not this assembly, reuerenss not the constitutions thairof, and obey not the sentenss, and mak not thair repentanss conforme to the ordour prescrivit by this assemblie, ordanes them to be excomvnicat, and declairit as ethnikes and publicanis ; and the sentens of excomvnicatioun to be pronuncit vpon thair refusall, in the kirkis apointit, by ony of those who ar particularlie named to haue the charge of trying of thair re- pentans or impenitency ; and that the executioun of this sentence be intimat in all the kirkis within this realm, by the pastouris of everie particular congregatioun, as thay wilbe ansuerabill to thair presbitreis and synodis, or the nixt generall assembly, incace of negligens of the presbitreis and synodis. Thus by thir tuo actis is our haill bischopis of Scotland deposit and degradnat, and ordanit to be excomvnicat in maner foirsaid, without heiring of the bischopis them selfis, who micht not cum in respect of the shortnes of thair forgit citatiounis maid wp aganist Thay durst not compeir. thame, as ye haue, folio 71, and durst not compeir for feir of thair Intimatioun. Thay ar evill vsit, but wnrrand of the King. Forgit accusatiouns. ANNO 1638. 123 lives befoir thair assemblie to rnak thair ovvne pairt good, and without the Kingis aucbtoritie, warrand, or commissioun, wbiche wes strange to sie. Aluaies vpone the 13th day of December Mr. Alex r Henrisoun, ihiractis pubiisMt in moderatour, efter sermon in the Heiche Kirk of Glasgo, in presens biscifopu excomvS of the Assemblie and haill auditouris, red out opinlie and publictlie the saidis tua actis, and thairwith excomvnicat the saidis Mr. Johne Spotiswod, archibischop of Sanctandrois, Mr. Patrik Lyndsay, archi- bischop of Glasgo, Mr. Dauid Lyndsay, bischop of Edinbrugh, Mr. Adam Bellenden, bischop of Abirdene, Mr. Thomas Sanserf, bischop of Galloway, Mr. Johne Maxwell, bischop of Ross, Mr. Walter Quhytfurd, bischop of Brechin, and Mr. James Wedderburne, bischop of Dumblane. The rest of the bischopis war not at this tym excomvnicat. This being done, and all cloissit, thay begin to establish committe courtis, consisting of nobles, barronis, burgessis, Ane commi tte of the and ministeris, to sit at Edinbrugh, for taking ordour with refuseris f'^'-f 1 assembhe esta " to subscrive the covenant, refractary ministeris, and vther disobedi- Thair office and poiier. entis ; and of all vther materis whiche culd not be overtakin at this tym be the assemblie, and to pvnish or deprive. This was the first The first committe of incuming of committees that euer wes hard of in like fashioun the kirk " within this kingdome, and whiche bred heirefter mekill sorrow 7t i )reidis gryt sorrow . aganist the King and his loyall subiectis ; for within the haill bur- committees throw ail rowis of Scotland, the cheifest men of the covenant duelling within thc urr0Wls - ilk schire, barronis, burgessis, and ministeris had thair committe courtis ordinarlie sitting, abuseing the Kingis leges with grevouss ihecausstnairof wickit- burdinges, levie of men, money, horss, armes, taxationis, and vtheris ^oll^awi^and but charges, to assist England in defence of the covenant and religioun ; auchtoritie of the King, and besydis if any subiect myntit to ryss to defend the Kingis auchtoritie in any pairt within Scotland, aduertesment ran fra com- mitte to committe whill it cam to the estaitis, and suddantlie rose in armes aganes sic personis. Many evillis wrocht thir committe courtis, whiche heir I cannot express. The assemblie, but warrand of the King, of thair awin auchtor- Ane vther assemblie in- etie, indictis ane vther generall assemblie to be haldin at Edinbrugh, t'ui^'ut^^probTio".". the 13th of August, 1639 ; and vpone the 20th of December, thay rose wp and dissoluit fra this assemblie, wanting the King or his commissioneris ratificatioun and approbatioun, without the whiche 124 MEMORIALLS OF THE TRUBLES Thaj net aii thair wiiiis. it wcs simpliciter null. Bot thay gat all thair willis, as ye may sie heirefter, folio 142. The minister,, of Bdin- Like as the committee of the said assembly sitting in Edinbrugh, br„ 8 h deposit. deposis Doctour Eliot, Doctour Hanna, Mr. Alex r Thomsone, and Mr. Dauid Mitchell, all ministeris of Edinbrugh, of thair offices and functionis, for not subscriving of the covenant. This wes the first act of this committe of the generall assemblie, ordanit to sit constantlie in Edinbrugh for the kirk effaires, as is formerlie said. „,.,,. J . Ye hard, folios 74 and 73, of the commissioneris dischargeinff of The King- sends down ° ~ ane prociiimatioun to his this assemblie, and wretting to his Majestie of thair haill procedure. The King is heichlie offendit, and sendis doun to him ane proclama- The termor thairuf tioun, daitit at Oatlandis, 8th December, 1638, declairing how this assemblie wes holdin without bischopis, and thay chuisit thair com- missioneris of the ministrie and laytie, and electit thair moderatour ; and efter this assemblie wes chargit to ryss wp and dissolue, wnder the pane of tressoun, that thay disobeyit and sat still, deposit bischopis, and maid sindrie vther actis without aucthoretie : Thair- » , . . foir his Maiestie commandit and chargeit his good subiectis not to No obedience to be » o o givin to the assemblie give obedience to the said assemblie, actis or committees direct thairfra, declairing thame saif and trie of all pane and censur that micht follow thairvpone ; chargeing also all presbitreis, churche sessiouns, and ministeris within this realm, at thair meitinges or in thair sermonis, that thay onnawayis aprove nor allow of the said vnlauchfull assemblie, wnder the pane of pvnishment, commanding all suche as hard thair approbatioun in thair sermonis, to relait the No letteris to pass. samen to the counsall ; as also chargeing all judges, clerkis, and wreitaris, not to pas or grant ony bill, summoundis, letteris, or executioun vpone any act of the said pretendit assemblie, and all keiparis of the signet, that they sould not signet the samen ; schow- ing also his Majestie never intendit to exclude Episcopacy, dis- chairgeing his subiectis from subscriving of band, giveing othe, nor to sueir and subscrive the said confessioun, in any vther sens then whiche is contenit in the declaratioun manifested and emittit by his tik King promesis pro- Hiness commissioner, &c. Like as his Majestie promesit, and on the word of a King, oblegit him by all the royall auchtoritie and pouer quhairwith God had indewit him, to protect and defend his ANNO 1638. I •>:> good subiectis that refuseth to acknouledge the said pretendit generall assemblie, from ony just ground of feir or danger for doing thairof, and to defend thame in thair personis and goodis aganes whatsumeuer persone or personis who sail dar to truble or molest thame, as the saidis letteris at gryte lenth proportis. The Marquess of Hammiltoun causit proclame thir letteris at the Tliir letteris ar pub- cross of Edinbrugh, bot solempne protestationis is maid aganist the iCo'tt'niUou'ns' maid samen. He send likuaies the double of the saidis letteris, and aganis the sam ' letteris proclamit at Glasgo abefoir dischargeing the assemblie, to the Marques of Huntlie, who, vpone the 29th of November, wes Thay ar send to the cum to his owne houss in the Oldtown to duell, desyring him to Marquess of Huntlie u * ° be proclaimed in the caus mak proclamatioun thairof, and of his owne declaratioun at north the crossis of Abirdein, Stanhevin, and vther burrowis north. And causit, at the commissioneris desyre, Raban, the prynter in Abir- dein, imprint diuerss coppeis of the samen, bot still protestationis wes maid aganes Johne Spenss Rothesay, herauld, in his cot armes proclamer thairof, except in Abirdein, quhair the Marques him self wes present at the proclamatioun of thir peices. Thus the Mar- ques diligentlie, vpone his owne gryt expenssis, causit vse thir pro- clamatiouns whiche gat no obediens, and in end turnit all to nocht. rr. he asssemblie actis ar And in the meintyme, the haill assemblie actis ar boldlie intimat P ublishit - and publishit throw all the paroche kirkis of Scotland, alsweill aganes the depositioun and excomvnicationis of the bischopis in maner foirsaid as vtheruayes, except brave Abirdein wold onna- ., , ,, , , J ' r Abirdein wold not heir wayes heir nor suffer the saidis actis to be publishit within thair them - kirkis whill thay war compellit thairto, sore aganist thair willis, ;is efter ye sail heir, folio 99, folio Like as, the committe of the assembly cravit letteris of horning ... . J o Letteris ar socht agams aganis the excomvnicat bischopis, bot howsoeuer thay war grantit, the excomunicantis. Mr. James Gordoun, keipar of his Majesteis signet, wold onnawayis The signet is had to signet the samen, bot went his way touardis England, quhair his Gordo"n. be M '"' Tam s maister, the Erll of Stirling, secretar of Scotland, wes remaining, with the signet, becaus the King had forbidden the same by his proclamatioun, as ye haue hard, and stayit thair whill October, 1639. During his absens, the lordis of counsall devysit all letteris passing the signet to be suppleit be the subscriptioun of one named The signet is suppleit. George Haddan, and be his mark ; sic wes the ordour observit now a dayis in this kingdome. 126 MEMORIALLS OF THE TRUBLES The Mschop of Abirdein Now the bischop of Abirdein, misregairding his excomvnicatioun and asserablie actis, preichis ordinarlie efter his accustomat maner at Old Abirdein ; and vpone the 23rd of December, being Sonday, He gives the com- gave the commimioun at the said kirk to sic of the parochin as con- vnioun - venit, and to the Marques of Huntlie, being duelling in the Oldtoun, his tua sones and vther freindis, and to the regentis of the Kinges sum ar cnsi.nt t r Colledge ; bot thir regentis wes thairefter censurit for taking the taking the comvnioun. . „ . . , ,. _ ., . communioun out or ane excomvnicat mams handis. Like as, this bischopis mouth wes shortlie cloissit, and forsit to leave the countrie, as ye may sie, folio 89. The AMrdeins doctor^ The doctoris of Abirdein wes manelie encouragit by the Kingis proclamationis, bot thay sufferit the smairt of thair writingis. And as ye hard, folio 65, the lordis of secreit counsall, who had glaidlie subscrivit the Kingis confessioun, seing him mantane episcopacie, The lordis adiuhis to turnit all thair cottis, and adheiris to the confessioun and covenant, the covenant aganis . . . i- n T" " bisch",.,.. quhairby episcopacie wes abjurit, to the Kingis gryt greit. Ai.x' Forbes takin; About this tyme, Johne Dvgar and his complices took Alex r Forbes, alias Plagne, out of his owne houss in Bogsyde, spolzeit his goodis, band his handis, and took him suorne to pay ane certan n Marquess is his soume of money, syne set him at libertie. He meinit him self to the Marques of Huntlie, who maid him frie of his othe ; bot he wes Eviii acquyt. evill acquytit thairfoir, as ye may sie, folio 157. .Johne Dvgar oppressis This Johne Dvgar wes the father of Patrik Ger, whome James Grant slew, as is said befoir, folio . He did gryt skaith to the name of Forbes, sic as the lairdis of Corss, Leslie, Cragivar, and sum vtheris ; abusit thair boundis, plunderit thair horss, nolt, scheip, gudis, and geir, becaus thay war the instruments of Gilliroy Thair resolutioun. thair freindis death ; and the Forbisses concludit to watche his Matching appointn. cuiuing and going, and to get him if thay micht. This maid him oppress the Forbis boundis by all the countrie. Alexander Keith brakis Vpone the [23rd] day of [July], Alex r Keith of Balmvre brak waird, and wes convoyit out of the tolbuith of Abirdein in ane trvnk, to ane boit reddy at the schoir, lying, and transportit him haistellie away and landis him in Angouss, where he gois to the place of Innerbraky and lay quyetlie thair. The toune of Abirdein heiring this, and that thay war in gryte danger of mekill debt, for wliiche he wes wairdit, send schortlie a company of brave men, took him out of that place perforss, deliuerit him to the prouest and waird. ANNO 1638 127 tapes - balleis of Sanct Johnstoun, quhair he wes wairdit within thair tol- n, is aprehendit, had to buith, and in gryte miserie leivit tuo or thrie yeiris, syne depairtit jiHSuta"^'*^ this life in miserabill maner. a The covenanteris now beginis to watche the Kingis castell of The casteii of Edin- Edinbrughe moir straitlie nor befoir, both day and night, and suf- brugh straitlie watchit - ferit nothing to cum out nor go in bot by thair leive. Doctor Scrogie gave the comvnioun vpone yooll day in Old Abir- The communioun givin dein, notwithstanding the same wes forbiddin by the assemblie actis. on Yo °" day ' The Marques of Hammiltoun causit transport by sea, in ane of The Marquess of Ham. the Kingis schippis callit the Swallow, the Kingis plait, tapestrie, K^pJ^ST*" the and vtheris lying in Holyroodhouss, togidder with his awin plait t,ie with his own - and plenishing out of Hammiltoun, and had to London, about the last of December, and vpone yooll evin takis journey touardis Lon- He gois to London, don, quhair he remanit whill, sie folio 116. Vpone the 24th of November, Mr. Dauid Ballenden, sone to the Mr. Dauid Beiiendyre bischop and persone of Kincardin, departit this lyf in his fatheris eceissis ' houss ; and without ane funerall sermon, wes bureit. Vpone the second day of August befoir, Johne Porter, wricht, Johne Porter departit rackleslie fell af of ane scaffold set for the pricketis of Maucher 0 dne fa "' kirk, and suddantlie deit but remeid. a The laird of Balmure had been in- knew nothing of his escaiping, neither carcerated for various debts, and his ere- did they sie any persone tnair bot onlie ditors afterwards pursued the magistrates the wemen, Nathaniell Leysk, and for payment thereof, in consequence of his George Pantoun.' (Council Register, escape from Jail. It appears that he was vol. lii., p. 391.) He was an expensive assisted in his escape by his sister, Eliza- charge to the town in may ways : beth Keith, widow of the late William 'Item deburst be the comptar to Mr. Thomas Leisk of that ilk, Mary Keith, daughter Gray, Mr. Matho Lummisden, George More- of the laird of Ludquharne, and son > baillies, and these wha past with thame Hay, relict of the late Mr. Gilbert Keith, to strath «ne, at tua seuerall tymes, for . . ci mi l i apprehending Alexander Keithe of Bal- minister at Skene The warders de- mwre, conform to thair particular compt clared that, 'at Alexander Keiths in- produceit befoirthe magistrattis, £439 5 o- treatie, they wer remowit to the heighe (Treasurer's Accounts.) chamber of the said wairdhous, and 128 MEMORIALLS OF THE TRUBLES ANNO 1639. vne messinget pro- Vpone the fyft of Januar, 1639, the constabull of Dundie directit ciamemg the Kingis let- ane messinger of armes to publishe the declaratioun and Kingis tens in Dundy, is abusit " andwardit. proclamationis foirsaidis at the cross of Dundie, as the Marques causit do in Abirdein, bot thair cam tuo balleis, one callit Cochrain, and the vther callit Simpsone, and protestit aganes the samen, and tuke instrumentis thairvpone ; and in end, efter sum speiches be- tuixt thame and the messinger, thay violentlie takis him and wairdis him in thair tolbuith, without regaird to the King or his lawis, quhair he remanit a long tyme, and when there will com wes put to libertie. Wonderfull to sie the Kingis messinger so vseit in serv- ing the King him self. Doct,>, Gooid returnis Vpone the 5th of Januar, doctour Goold returnis fra the generall ieinwofd^n^heir thair assemblie home to Abirdene. Vpone the morne, being Sonday, he actis pubiishit. intendit to reid out the assemblie actis efter sermon, and names of the excomvnicat bischopes, as he wes directit. Bot the toune of Abirdein send him word thay wold not heir thame red out of there pulpites, saying the Kingis proclamatiouns chargeit his loyall sub- iectis not to heir nor obey the samen. Quhairvpone doctor Goold went and preichit, bot maid no publicatioun whill he wreit to the Quhairvpon mekill sor- table at Edinbrughe, quhilk he did ; quhairvpone mekill sorrow fol- louit vpone noble Abirdene, as ye haue, folio The personeof Baihehy Mr. Dauid Lyndsay, persone of Balhelvie, likuayes cam hame ■ntendis t,> publish these with ^ haueing the lyk directioun. And vpone the same Sonday, and sext of Januar, he went to pulpit at his awin kirk of Balhelvie, The Marquess had ane bot befoir the sermon the Marques of Huntlie had thair ane messin- Monir'who i"dViTpro- gep with ane notar, publishing, in presens of the haill parochineris, ^amatioms, and tuke in- ^ e d ee ] ara tioun and proclamationis foirsaidis, inhibiting thame to strumentis; bot the r ° minister red out the heir or obey the assemblie actis, and heirvpone instrumentis wes saids actis cftcr sermon. . . • i i i takin be the messinger in ane notans hand, syne depairtit ; bot the said Mr. Dauid Lyndsay boldlie misregardit the samen proclama- tionis maid at the kirk dur, and efter sermon red out the haill as- semblie actis, with the names of the bischopis who war altogidder deposit, and the names of sic bischopis as war excomvnicat, viz. : — ANNO 1639. 129 me cove- nant, and lessons thair- the archibischop of Sanctandrois, the archibischop of Glasgow, the The baill bischopis ar bischop of Edinbrughe, the bischop of Dunkeld, the bischop of eomvnicat!' ° 0< ' Abirdene, the bischop of Ross, the bischop of Galloway, the bischop of Brechin, the bischop of Dumblane. Thir war deposit and ex- comvnicat, onlie, and the rest of the bischopis war deposit bot not excomvnicat, as ye haue, folio 76. Lyk as, the index of thir haill A " e index of the haUi actis wes directit be the table (as it is now called) sitting in Edin- knuisoi the aioci brugh, to the haill kirkis within the diocie of Abirdene, to be pub- Ab,nt "" lictlie intimat in forme foirsaid, and ordour givin for holding ane committe to try and censure sic of the ministrie as wold not sub- scrive the covenant; whairvpone sum fled the countrie, sum deprivit si c ministeris as woid of thair benefices, bot most of all cum in, sueir and subscrivit this Mntw"^^^^^^! covenant, as efter do appeir. the oountne. Ye hard befoir, folio 44, of ane clandestine band maid betuixt The elandestiii our nobilitie, ministrie, and otheris, and sum of the nobles, clergie, °f. knichtis, and vtheris of the lower hous of England. The treuth is, there war abuses in both kingdomes that merit reformatioun, as report went, in kirk and pollicie, whiche the countrie culd not get repairit so long as bischopis stood, who wes ane of the thrie estaites of parliament, follouit still the King, and in materis questionable thair votes kest the ballance. Thairfoir thay conclude to go on Thay resoiue to pink w P vpone ane courss, and sweip out the bischopis of bothe nationis ^ t blschopis Lr " |,t aild cropt and root; and for that effect, to mak ws Scottis to begin the The scottis to begin the play aganist establishit lawis, and whidder the King wold or not, bargane- to cast Out our bischopis and thay sould follow. And in the mein- tyme to fortifie and assist ws quyetlie, both in brotherlie assistans, The English to assist and never to suffer the King to be able to correct ws, do what we S^"^^™ lyk it to do, as weill proveit. Now the principall men of our Scottis, that wes vpone this plot with the English, war the Marques of The piotterisoi this Hammiltoun, the Erll of Argyll, the Erll of Rothass, the Erll of pIay ' Cassallis, the Lord Lyndsay, the Lord Balmyrrinoche, the Lord Covper, ; haueing drawin in the bodie of the Thair poiicie in brugh haill puritan ministeris, and prouestis of the haill burrowis of and land " Scotland, who first devysit the abuse, to begin at the bischop of Edinbrughe, as ye haue hard, and then to assend degrie be degrie, Thay begin at Edi „ in forme as ye haue hard, quhilk tendit to mekill sorrow, blude and bru s h > and sofurth. mischeif, throw out the haill Kingis dominiounes or all wes done, andlbuse™" the' 130 MEMORIALLS OF THE TRUBLES and to the vnspeikable greif and displesour of our spotles gratious soveraigne, whome thay michtellie abusit without respect of his auchtoritie. Now about this tyme, or a litle befoir, thair cam out of Germany F«i( Marschaii Lesij fra the warrs, home to Scotland, ane gentleman off bass birth borne cumis hame out of Ger " in Balveny, who had servit long and fortunatly in the Germane warris, and callit to his name Felt Marshall Leslie his Excellence. His name indeid wes [Alexander] Leslie, bot by his valour and good lvk attaned to this title his Excellens, inferiour to none bot to the King of Swaden, wnder whome he servit amongis all his cavallierie.* Well, this Felt Marschaii Leslie haueing conquest fra nocht, honour and welth in gryte aboundance, resoluit to cum hame to his native countrie of Scotland, and sattill him self besyde his chief, the Erll of Rothass, as he did indeid and coft fair landis in Fyff ; bot this ; > enanteris makis Erll foirseing the truble quhairof himself wes one of the principall beginneris, took hold of this Lesly, who wes both wys and stowt, acquent him with the plot, and had his advyss for furtherance thair- h cyssis the casting of to his pouer. And first he devysis cannon to be cassin in the H C C dre1nis S w P men Potterraw by one Capitane Hammiltoun ; he began to dreill the h, iendis for ammuni- Erllis men in Fyf ; he causit send to Holland for ammvnitioun, tio.m and armes to Hoi- pulder and bal i } in gryte a b ounda ns ; for mvskat, carrabin, pistoll, pik, suord, cannon, cartow, and all vther sort of necessar armes fit He i,- to Prance, for old and young soldieris. He causit send to Germanye, France, HoXndfand^the^coun- Holland, Denmark, and vther countreis, for the most expert and "' mosl x valiant capitanes, livetennantis, and wnder officiares, who cam in pert Scottts capitans and L gryte numberis vpone hope of bloodie war, thinking (as thay war all Scottis soldiouris that cam) to mak wp thair fortunis vpone the rwin of our kingdome ; bot the Lord did vtheruaies blissit be his holie name. ii, estabiisUis uoun- He establishes a counsall of warr, consisting of nobles, crowneris, trinche S War ' ""' ' ' capitanes, and vtheris wyss and expert persones ; and in the begining of this moneth of January began to cast trinches about the toune of Leith. a This celebrated General, who ac- have been a natural son of George Leslie quired such renown by his eminent ser- of Drummuir, who was a son of Alex- vices under Gustavus Adolphus, and was ander Leslie of Kininvie. created Earl of Leven in 1641, is said to ANNO 1G39. 131 Ye sie, folio 69, how the Kingis covenant wes snbscrivit at Abir- Mr. Johne imndj now dein; yit Mr. Johne Lundie, maister of the gramar scool in Old c tSl«d w Abirdein, did not (vpone his owne ressones) subscrive the samen at that tyme. Aluaies, vpone the 14th of Januar, he cumis now to the Marques of Huntleis hous in Old Abirdein, and willinglie subscrivit the Confessioun of faith and band of mantenans, whiche the Mar- ques acceptit ; he having subscrivit abefoir the covenant, and who wes at the generall assemblie holdin at Glasgow, yit now he sub- scrives the Kingis confessioun and band of mantenance willinglie of his owne accord, vpone plane feir of trubbill It wes said that Prince Pallatyne and his brother, Prince Robert p r i ne e Paiatyn and p. [Rupert], war both taken by the Imperial! stis, bot his eldest ^ !C " pi ^ £ he brother escaipit by flicht, and that the emperour royallie, but ran- Robert send to the soum, send in Prince Robert [Rupert] to his vncle the King of Brytan, as ye may sie, folio , to whome he did singular service. Vpone the 14th of Januar, the name of Forbes had ane gryte The Fo rbessis nes ane meiting at Monymvsk for thair awin bussiness. meiting. The Marques of Huntlie heiring of this meiting, convenit his The Marquess nes ane freindis, about 300 men, at Kintor, vpone the 18th day of Januar. jXa. mTJLSL It is said he wreit for Monymvsk and vtheris his vassallis, bot none cums to him - cam to him except the laird of Brux only, of that name of Forbes, whairof he hes diuerss vassallis. Thay advysit the Marques to He is advysit to dueii in remove out of the Oldtoun and go duell in New Abirdein, for sum Ne " Abirdein - apeirans of trubillis quhilk wes liklie to fall out in the countrie, and becaus his freindis micht be better eisit to duell besyde him in New Abirdein nor thay could be in Old Abirdein, and diuerss of his freindis sould cum in competent number thair tyme about, and attend his lordschipis seruice vpone there owne expenssis ; quhilk He foiiouis counsaii. counsall the Marques follous, as ye may sie heirefter, folio 83. Now the committe of estaitis and kirk, fynding thair covenant The comitte of estaitis subscrivit, and thair actis of assemblie proclamit and intimat in Hu^ti^an^brugh^of peciabill maner, except sum of the ministrie, the haill bischopis, AWrdein doctoris and 1 * r 3 ministeris, and sum and in speciall the Marquess of Huntlie and sum of his freindis, and vtheris in the north t . maist pairt of the toune of Abirdene, who wilfullie stood to the Kingis opinioun, and doctoris thairof, misregarding thair covenant and assemblie actis, and not suffering the samen to be intimat be doctor Goold within thair kirk, as wes done throw the haill kirkis 132 MEMORIALLS OF THE TRUBLES of Scotland obedientlie ; and siclike that the Marques opposit all thair doinges in a maner, by publishing the Kingis proclamationis at diuerss tyrnes, throw the North, thairby bringing the people to mislyk of there covenant and haill procedure. Thir and the lyke Resoiues to raiss armcs motives the nobilitie, barronis, burgessis, and clergie takis to hairt, and resoiues, efter mature deliberatioun, to raiss armes, and to causs the Marques, the brughe of Abirdein, doctoris thairof, and all vther outstanding ministeris, to cum in and do that perforss, whiche thay wold not willinglie do, as indeid cam over trew to pass to thair greif and heiche displesomyas ye may heirefter schortlie sie, folio Abirdein bydis be the The brughe of Abirdein moir stoutlie nor wyslie byding be the nysL" 1 " sto ""' e " or King, and heiring daylie of gryte preparatiounis making in the south, began to luke to thame selfis, and to vse all possibill meinis Thay begin to watche for thair defenss. Like as, vpone the 17th of Januar, thay began to watche thair toun, and nichtlie had 36 men in armes for that effect. Th ,y mak w P thair cat- Thay maid wp thair cat-bandis throw the haill stretis ; thay drest rhaydrest thair cairt an( ^ c ^ en g't thair cairt peices, quhilk quyetlie and trecheruslie wes altogidder poysonit by the covenanteris within the toune, and ram- Tlrav ar poysoned, and , . T . . with pane pvrgit. forsit so with stones, that with gryte pane thay war clengit and maid clein. Thus the toun being nichtlie watchit, thair cam doun the get certane of thair awin colliginaris, who war all covenanteris sones within and without the toune, quhairof Patrik Leslie, burges, and Mr. Androw Cant, minister, there tuo sones war principall ones. Sum heiring lietuixt The watche commandit them to thair beddis, quhilk thay refuisit ; the watch and scoiiens. w j ia i rV p 0ne thay presentit hagbutis to thir scolleris, syne went thair way. Complaint, vpone the morne, wes maid aganist thame for troubling the watche. Thay ar forsit to cum in and acknouledge thair offens, and cam in the tounes will ; hot sindrie of thame left the college and went a landward to thair covenanting fatheris. Missives writtin to tak Now about this tyme thair cam warrand from about 29 erllis, farttaJ*fcrn2| of l° r dis, by and attour barronis, burgessis, and ministeris in writtin men out thairof. missives, and seallit with ane commoun seall as report past, signe- feing throw all Scotland to thair covenanteris the gryte danger thay war in for religioun, and that thay feirit England wold ryss aganist them ; willing thairfoir thame to tak wp the haill rentallis of Scot- land, alsweill of freind as foe, and to raiss xiiis. iiijd. out of ilk chalder victual or siluer rent, for raising of men ; and that ilk ANNO 1639. 133 schirefdome sould try the number of thair men and armes, and to Men to be numberit, haue all in reddines as occassioun sould offer ; and to levie collo- aml thair a ' "" s ' nellis, capitanes, ensignes, serjandis, and other officiares to dreill T „ naue capitans and and travne wp thair soldiouris ; and the order how commissioneris °^|aris to areiii « * soldiouris. sould be chosin to sit thrie moneth at the counsall table of Edin- brugh thair tyme about ; and likuaies how commissioneris suld be chosin for reulling of ilk presbitrie and parochin of the land, and set doun instructions in wreit anent all thir bussinessis ; quhilk And aiuem vther bred gryte truble in vptaking of the rentall within ilk schirefdome, " nlouris - and number of men and armes, and vtheris .aboue writtin. Vpone the 25th of Januar, Schir Thomas Burnet of Leyis, ane sciur Thomas Burnet faithfull lover and follouer of the houss of Huntlie, ane gryte cove- cura,stot e MiU( i ULSS nanter also, cam to Abirdene, and in freindlie maner declairit to the Marques that thair wes fra the counsall table of Edinbrugh ane His speiche. committe dh*ect to mak publicatioun of the assemblie actis at the marcat cross of Abirdein, and likuaies to viseit the college of Old Abirdein, and repair the faultis thairof ; and demandit his lordschip how he wes weill pleissit thairwith. To whome the Marques gave i h6 Marquess gave no no contentit ansuer, as done aganes the Kingis command. Then contentit ans,,er Leyis ansuerit, ' my Lord, I feir thir thinges wilbe done be ane army,' bot the Marques harkned thairvnto, and so thay partit, bot it cam over trew to pass, notwithstanding of all the Kingis proclama- tionis, sie folio Vpone Thuirsday the penult of Januar, the Lord Fraser, the Ane committe at Tur- maister of Forbes, thair kin and freindis, the laird of Frendracht, nrt the laird of Strechin, the baillie of Slaynes (be directioun of the Erll of Kingorne, the Lord Yester, and the laird of Auldbar, as tutores to the young Erll of Erroll) with many vtheris convenit at Turreff for chuseing of thair commissioneris to go to Edinbrugh, and remane for thrie monethis space vpone the commoun expenssis of the countrie. The Marquess, heiring of this meiting, send befoir ane rroclamiltiouns;imi pro herauld, and causit proclame at the cross of Turreff the proclama- tiouns and declaratioun foirsaidis ; bot at thair cuming thay maid protestationis aganes the samen, and took instrumentis thairvpone, and went to the electioun of thair commissioneris, and electit the laird of Frendracht and the laird of Strechin commissioneris ; syne dissoluit in peace. testations. 134 MEMORIALLS OF THE TRUBLES. Committees holdin in Thair wes meitinges also at Banf, Elgin, Forress, Nairne, Inner- niss, Dornoch, Ferso, for cbuseing of the lyke commissioneris, hot befoir thair meitinges the Marques most cairfullie causit proclame the foirsaidis proclamationis and declaratioun be ane herauld, with tovk Proclamations and pro- of drum; hot still protestationis maid and instrumentis takin. testationis. 1 • 1 i i-iii • i ■ f\* i The herald retumis bak Aluaies the herauld and drvmmer returmt hame saiff and sound, about the 25th of this instant Januar, and reportit thair diligens to the Marquess, with protestationis and instrumentis takin aganes thame. \birdein beginis to The toun of Abirdein seing thir committees go so, convenit the tounschip within the tolbuith, and began to chooss out capitanes, ensignes, serjandis, and vther officiares for dreilling of thair men in the lynkis, and lerning thame to handle thair arrnes, bot thay tynt thair travell as ye sail heir, and wes far disapointit and pitifullie borne doun, sie folio The Marquess seikis Ye sie, folio 81, how the Marques of Huntlie wes advysit to duell Marschaiiis houss and is j n -$ ew Abirdein. It is said he wreit to his cusine; the Erll of refuisit. o Marschall for the len of his hous in Abirdene, to duell in for a tyme, (thinking and taking Merschall still to be on the Kinges syde, as he He gois to petfoddeiiis wes nocht) bot he wes refused. Aluaies the laird of Petfoddellis houss to dueii. kyndlie lent him his hous ; and vpone the last of Januar, flitit out of Old Abirdein his haill famelie and goodis, and thair took wp houss. His attendance. wes condiscendit amongst his freindis that 24 gentilmen, quhairof thair sould be 3 barronis weill provydit, wes apointit weiklie to attend and serve this nobill Marques in Abirdein, thair weik about, and when 24 went out vther 24 to cum in, and daylie to sit at the His watche. Marques table ; and siclike thair wes audit gentilmen appointit to watche his lodging on the night, thair tyme about, and fyre and candill still burning ilk night within the houss. it did no g ood. This ordour began to be keipit vpon the fourt of Februar, to the Marques his gryte charges and expenssis, and fasherie of his kin The ressone of this at- and freindis, bot all for nocht ; it did no good. Ane freind, as wes tendance and watche. , , , . n . , . , thocht, wreit to the Marquess, desynng him to haue ane cair of his awin persone, ambiguosly ; quhairvpone this order follouit, as is aboue writtin, bot it contynewit not long, for the Marques left Abirdein, as ye haue, folio The Erll Marschall, being duelling in Innervgie about this time, ANNO 1639. 1 35 raisit his houshold, and vpone the second day of Februar cam ryding The Erii Marschaii throw Abirdein, and wold not salute the Marquess, bot rode to Dun- °' !is t0 Dunnotter ' nottar and thair took wp houss. Vpone the first day of Februar, the Erll of Montross, the Erll of Anc committe holdin Kingorne, the laird of Auldbar, and diuerss vtheris barronis and 1 "" far gentillmen, covenanteris, cam to Forfar, heid brughe of the schire of Angouss, and held ane committe (be directioun of the Tables at Edinbrugh) within the tolbuith thairof, to whome cam the Erll of Thay desire the cove- Soutkesk, the Lord Ogiluy, the maister of Spynnie, the constabull copacie? J tTb g e Tub- of Dundie, and sindrie vtheris of the Kingis factioun. Thay war 6cnvit - desyrit to subscrive ane new covenant, abjuring episcopacie, &c, quhilk thay simpliciter refusit. Then thay began to stent the it is refusit. Kinges leiges within the schire of Angouss. Southesk speirit be stent the Kin - what auchtoritie thay war thus stenting the Kinges leiges. Mon- troiss (being his sone-in-law) ansuerit thair warrand wes from the Table, (for so wes thair counsallis at Edinbrugh now named) re- quyring him also, and the rest that wes thair, to number thair men, The men to be num- , , . .,, , , , 3 ... i-i berit and armed. and haue them weill armed and in reddiness to concur and assist the Table. Southesk ansuerit thay war all the Kingis men, subiect to his service, bot to no Table nor subiect sitting thairat ; and that opposmoun maid by thair landis was not subiect to be stentit, nor there men numberit, bot at the Kingis command and in his seruice. And so thay took thair leive, leaving Montross and the rest sitting still in the tolbuith of Forfar at thair committe. Vpone Sonday, the 3rd of Februar, ane solempne fast keipit in Ane fast. New Abirdein, anent the apparent troubles of the Kingdome. Vpone the sevint day of Februar, Thomas Fraser, younger of The Marquess servan Strechin, James Fraser, brother to the Lord Lovat, Mr. Alex r imuss off imCrmss, ' M'Kengzie of Culcowie, brother to the Erll of Seafort, with the I^Vl,*™™?* toune of Innirniss, and many vther countrie men convenit at the nanteris said brughe, heiring of Williame Gordoun of Knokaspak his cum- ing at command of the Marques of Huntlie to furneish and provyde his castell of Innerniss with men, meit, and mvnition, and had with him mvscatis, pulder, ball, trvnkis, and vther necessaris for that effect, bot thay gatherit togidder, went betuixt him and the castell, and wold not suffer him to enter, and violentlie and maisterfullie He is reft and spoizeit. reft and took fra the gentilman his haill armes and trvnkis, saying 136 MEMORI ALLS OF THE TRUBLES He talus inf-trumcntis, and gois his way. The castell is nichtly iratchit. It is spolzeit. The gentilman tellis the Marquess. He must haue patience. Ane Committe at Tur- ref, by Montross, King oni, Couper. Thair progress. Thay war Weill armed. Our country people mettis thame in num- beris. Thay talc in the toun of Turref advantagiously. this houss pertenit not to the Marques, nor yit to the King, bot onlie wes buildit for defenss of the countrie. The gentilman could mak no plesand ansuer, bot took instruments aganes thame, and wes blyth to wyn away. In the meintyme, thair wes ane strait watche of 50 men set nichtlie to keip this castell, furneshit be the M'Kengzeis, Fraseris, Rossis, Monrois, and vther country clanis, and be the toune of Innernis thair nicht about, for thay brak wp yetis, duris, and wyndois of that staitlie castell ; spoylit the plesant plenishing, his ritche librarie of bookis, and brocht all to nocht quhilk wes within that houss, inferiour to few of the kingdome for decoirment. The gentilman returnit bak, told the Marquess, bot he wes forsit to suffer this vnhard-of-oppressioun to the nobill houss of Huntly, to his gryt hurt and skaith. The Table had apointit ane committe also to be haldin at Turref for stenting of the countrie, numbering of men, as wes done befoir at Forfar ; and to this effect thair convenit the Erll of Montross, the Erll of Kingorne, the Lord Couper, with sindrie vther barronis and gentilmen, about nynescoir weill horsit weill armed gallantis, haueing buffill cotis, carrabins, suordis, pistollis, and the like armes. Thay cam not be Abirdein, bot vpone Wednisday the 13th of Feb- ruar, thay lodgit with the Lord Fraser at his place of Muchallis, and in the countrie about. And vpone the morne, being the 14th of Februar, thay raid from Muchallis to Turreff, haueing the Lord Fraser, one of the committe, with thame, and his freindis, whair thair met thame the maister of Forbes, his freindis and followeris, ane vther of the said committe. The Erll Marschall himself wes nocht thair, bot his men tennentis and seruandis of Buchan and Mar wes thair, and lykuaies the young Erll of Erroll, his men tennentis and seruandis of Buchane wes thair, albeit him self wes bot ane young bairne ; about the number of 800 weill horsit weill armed gentilmen, and on foot togidder, with buffill cotis, corsletis, jakis, suordis, pistollis, carrabins, hagbutis, and vther wapins. Thus thay took in the toun of Turref, and buskit veray advantagiouslie thair muskattis round about the dykis of the kirk yaird, and sat doun within the kirk thairof sic as wes of the committe, viz., Montross, Kingorne, Fraser, Couper, Forbes, as is befoir notit. a a [See Gordon's Scots Affairs, vol. ii., p. 213, et seq.] ANNO 1639 137 Now the Marques of Huntlie being at the buriall of his ant the The Marquess evill Lady Foveran, and dochter to the laird of Geicht, schort while ^'ndi's, resofue" IT be befoir this tyme, and heiring of this committe to be haldin at Turref, ,hair an ' 1 be s "' and talking of the samen, sum evill dispoisit persones informit his lordschip that he durst not cum thair that day. The Marques in- censit heirwith, cam fra the buriall to his hous in Abirdein, and schortlie wreitis to his freindis to meit him without ony armes except suordis and schottis ; and vpone the said Wednisday, the He goietohorss in AWr- 13th of Februar, he lap on in Abirdein haueing his tuo sones, the Lord Gordone, and Lord Aboyne, with him, the Erll of Finlater, the maister of Rea, who be accident wes then in Abirdein, the laird Drum, the laird Banf, the laird Geicht, the laird of Haddoch, the laird of Petfoddellis, the laird of Foveran, the laird of Newtoun, the laird of Wdny, with many vtheris that met him. Aluaies he lap on in Abirdein about 60 horss, with suordis, pistollis, and hagbuttis allanerlie ; and vpone Wednisday he cam to He rydis (o Kelly. Kelly, the laird of Haddochis houss, all night. Vpone the morne being Thuirsday, and 14th of Februar, he lap on, and at the Braid Furde of Tollie, tuo myllis distant from Turref, the Marques him self began to rank and put his men in ordour, and to tak wp the He raukis his men. number of thame, who wes estimat to be about 2000 brave weill Than- number, horsit gentilmen and brave foot men, albeit wanting armes except suord and schot, as I haue said. Thus, the Marques cam forduard n e cumis forduard m in order of battell, wp the northwast syde of Turref, in sicht of the batte11 rank ' vther companeis ilk one looking to vtheris, but ony kind of offence Gois by the eovenanteris, or iniurious word. The Marques haveing thus peciablie past by, but mcir ad °' dissoluit his company, and ilk man to go home, and himself that Dissoiues his army, nicht went to Forglyne, pertening to the laird of Banf. The cove- ^lyLT^ s ° is '° nanteris hard indeid of the Marques cuming, and thairfoir tuke in the toun, and buskit the yaird dykis weray commodiouslie, as I haue said ; and seing thair wes nothing bot peace, thay held thair com- The committe is haidin mitte within the kirk of Turreff, stentit, taxt, and numberit the men, b: r r ing n ofmen nd n " m ' ordaning thame to be in reddiness with ther armes to attend the Table. It wes reportit thair cam to assist this committe out of Mor- Morraj men cumis to ray, the lairdis of Inness, the schiref of Morray, the lairdis of Plus- thame cardyne, Tarbet, Broddie, and vtheris, about xii scoir brave weill horssit gentilmen. Aluaies vpone the said 14th of Februar, this 138 MEMORIALLS OF THE TRUBLES The committc dissolncs. committe dissoluit in peace, and the lordis returnit bak to Muchallis ; Thair progress home. th e r est war ludgit that nicht at Innervrie and Kintor. Vpone the Marschaii is now morne thay rode to Dunotter, whair thay war maid welcum, and counter" b ° am ' cle " Marshall thair declairit him self cleirlie to be ane covenanter, quhilk wes doubtful befoir ; and so furth ilk man home. The Mar- 1 1, \i uiiurss cumis ques of Huntlie cam from Forglyn to Kellie vpone Frydday at evin ; and vpone Setterday he returnit to his owne lodging in New Abir- dein. ii, g ai .10 (rood by tins This bussines did no good to the Marquess, bot wes evill advysit and counsallit to mak a schow of his strenth and powar, without doing any vther seruice ; for the quhilk, and vtheris his doinges, he wes with his freindis pitifullie born doun and oppressit, as ye may heirefter sie, folios 102, 127. Letteris ira the King. It is said the Marques, the bischop of Abirdene, the toune of hu .air promeissis. Abirde i n} an d doetoris of bothe Abirdeins, had receaved letteris fra the King, thanking thame for thair constancie, intreating perse- verans to the end, approvit the doctoris for thair writtinges, pro- mesing to remember thair panes, desyreing the Marques in ane peciabill maner to stand stedfast in his loyaltie, and that he wold Men and mvnitioun suld send to Abirdein 3000 soldieris to defend the toune and north countrie round about, with money, pulder, ball, ammvnitioun, and all other thinges necessar, be sea ; which letteris encouraged the Marques, the toune, and all. Like as, the Marques him self red his But all wes vanity, letter to his people, whome he loved, going to Turref ; whairat thay michtellie rejoisit, and maid thame to stand out aganist the cove- nant to the vttermost, to thair gryte schame and disgrace, as ye may sie, folios 103, 106, 107. The toune of Aberdene feiring that this committe sould be holdin in thair toun cuming bak fra Turreff, began to mak preparatiouns for thair awin defenss, resolving not to give thame entress if thay hapnit to cum for keiping of thair committees or publishing thair assemblie actis ; and to that effect began to big wp thair bak yettis, clois thair portis, haue thair catbandis in reddiness, thair cannonis clair, and had ane strait watche baith day and night keipit, and thair men in good ordour to ganestand thame and thair doinges (if thay cam) to the vttermost ; bot thay war schortlie pacefeit, becauss thir people cuming nor going, past not be Abirdein, bot rode the heighe way be Muchallis. ANNO 1639. 139 Richt sua the maisteris and memberis of the Kinges College of Auld Abirdein, possessit with the lyke fear that thay sould cum and hold ane committe within thair colledge, be procurement of Mr. Maisfer .Toll 1 1 Tjunclic- T1 t -.. , n • n t tr a i_ 'ja. J cravit only the canonist, Johne Lundie, as ye haue betoir, toho 74, who, without warrand, the cantor, choristis, and desyrit the bischop of Abirdein as alledgit chanceler, Mr. James SJSSS', ^£lSS»S Sandilandis, cannonist, and doctour Williame Gordoun, mediciner, and none vt,,er to be removit as vnnecessar memberis fra the said college, and vnlauchfullie brocht in, and establishit be vmquhill Patrik, bischop of Abirdein, aganes the foundatioun set doun be vmquhill King James, taking wp the rentis without ony lauchfull seruice, quhilk rather belongit to the maisteris and inward memberis of the said college, who cairfullie attendit thair callinges for vpbringing of the youth. The foirsaid petitioun wes givin in befoir the generall assemblie without warrand of the colledge memberis, yit wes weill hard by the assemblie, who ordanit ane committe to cum and viseit the said college. The whiche cuming to the maisteris eires, directlie lie is accusit for giving accusit the said Mr. Johne Lundie for passing by his commissioun, assembly! 10 " 11 bef °' r *'" and giving in sic ane petitioun befoir the said assemblie, and ac- cusit him before the bischop Bellenden and vther outward memberis of the said college, alledging he had wrongit the liberteis of the houss, by drawing thame wnder censure of ane committe of assem- quhiikdrew onanecom- blie, who wes only ansuerable to the King and his counsall, for ony n itte offens or oversicht ; bot the said Mr. Johne pleadit guiltie, and con- 1Ie con fessis his error, fessit his error, and by ane act, not subscrivit with his hand, confes- anA that . he had done by ' «/ 7 7 commissionn. sit he had no warrand nor commissioun to the effect foirsaid. a a Lundie's commission had only been caus that the assemblie allowed his com- signed by a portion of the senatus, and it mission. Being forder demanded upon only empowered him to attend to the in- what reasoun he satt and stayed in assem- terests of the college. On his return, a blie, efter his Majesties commissioner in meeting of the members of the college assemblie, and his Majesties proclama- was held, ' for the tryell of the said Mr. tioun at the croce of Glasgow, hade dis- Johne Lundie his alledgit commissione, charged the said assemblie, and all the &c. ; and on being demanded of his pro- procedour thairof ; ansuered he stayed cedour, and why he haid sittin, voyced, efter the proclamatioun for thrie ressones : and treated of affaires in assemblie, by First, becaus he knew nothing of the and beyond the limittis and power giwen said proclamatioun as he alledgit ; second- to him, ansuered and confessit that the lie, becaus he sawe mony of noblemen, giweris of the said commissione, or power, counselleris, come in to the assemblie, man at the granting theroff, declairit that they be man ; thirdlie, becaus he came for did not send him, nor gaue him warrand doing of particular affaires of the colledge, to sitt, voice, or treate in assemblie, and quhilk he haid not endit. The rector, that he satt and voyced in assemblie, be- assessouris, maisteris, and memberis foir- 140 MEMORIALLS OF THE TRUBLES The maisteru and re- Aluaies the maisteris being wnder feir that this committe, holdin fommme^Turrefsu'id at Turref, wold cum and viseit thair college in thair hame going; cum to the college, set thairfoir thay set thair haill studentis to libertie, cloissit wp the the studentis at libertie, » _ ... and ciobit the yctis, hot yettis, and ilk man went ane sindrie get, thinking if thay cam thay ti!a} n 'n'c''.'i^ .'in".', "me t... sould fynd fast yettis, and no man thair to abyde thair censur; bot disapointit of there expectatioun, and seing thay cam not, thay re- convein schortlie thair scolleris, and ilk man fell to his owne studdie and charge calmlie and quyetlie. Ane prociamatioun eon- About the nynt of Marche thair cam to Abirdein ane imprinted the hnd'' 0 disorderis of prociamatioun, declairing how his Majestie with gryte patiens had sufferit oure Scottis covenanteris disloyall procedure, who, wnder pretext of religioun, had turned rebellis, without ony ground of religioun for there warrand ; how thay had vsit frequent convoca- tionis of his leiges, gairdit his castellis, kepit assemblie efter thay war discharget, set doun stentis, taxations, and impositionis vpone his good subiectis, for mantenans of warr, aganes the lawis of our kingdome ; how seditious pasquillis wes daylie writtin and printed, and send to England, quhairof his Majestie himself had sein the principall missives direct from ws out of Scotland, tending thairby to draw his good subiectis of England to thair rebellious opinioun, as thay had (wnder cullour of religioun) drawin the hairtis of his loyall subiectis of Scotland. It likuaies declairit how, by sub- scriving of this covenant, thrie English preicheris denyit his Majesteis supremacie, and othe of allegians ; that his Majestie wold His Majestie wold man- mantane episeopacie, and that he had no mynd to alter or change ony materiall poynt of religioun ; that his Confessioun and our Con- saidis, efter remowing of the said Mr. Johne Lundie, haweing tane the premisses to thair consideratioun, deiplie pondering and weying the sequellis thairof, and recalling the said Mr. Johne and he com- peirand personallie, they all in one voyce findes, declaires, and decernes that the said Mr. Johne Lundie hes transgrest the poyntis of the said cornmissione, and power of agentrie ; and therfor they all in one voyce disclaimit and disallowed the said Mr. Johne Lundie his sitting, voycing, stayinge, or treating of materis in the said assemblie, as not warrandit be the cornmissione or power foirsaid ; and in speciall all that he did efter the dischairge of the said assemblie, and his Majesties prociamatioun, withe all that hes followit or may follow therwpone : and solemlie protestit, in the meane- tyme, that in caice any danger suld in- curre therthrow, that the colledge and memberis therof suld be frie of the same, and of the Kinges Majesties wraithe theranent. Wpon the whilkis haill pre- misses the rector forsaid tuike instru- ment.' (Minutes of King's College, MS.) ANNO 163!). 141 fessioun of faitb wes both one ; that the inbringing of tbe seruice bookis wes to mak God to be worschippit throw out all his dominiouns efter ane forme and maner ; declairing also the haill nhe covenantees de- ., , , jii ., , • j clairit traittouris. covenantens, for this nlegall procedure, to be traittouris ; and ordanit this proclamatioun to be red at the churche durris of all That this proclamatioun the paroche kirkis in England, that the Christeane worlde micht sie churchis of England. 0 ' 11 how he wes vsit, and how his Majestie wes forsit to tak wp armes : chargeing thairfoir and commanding the nobles, erllis, lordis, charging thair men to 00 be inusterd, and to knightis, throw out all England, to muster thair men, inroll thair meit his Majestie at names that his Majestie micht know thair number, and to meit him at York in thair best armes vpone the day of Marche nixt. Thir letteris war daitit in Februar befoir. Howsone this proclama- tioun wes wnderstood be the tonne and doctoris of Abirdein, and vtheris of thair mynd, thay rejoised hartfullie thairat ; bot all thair mirth turnit shortly in mvrning, as efter do appeir. The King de- He desyrit this procia- syrit this proclamatioun to be publishit at the Scottis paroche our Scottis kirkis, hot churches also, bot wes planelie supprest, none daring to do the was supprest - samen, as wes done in Ingland. It wes daitit the 27th of Februar, sie folio 87, folio 113. About this tyme James Grant the rebell gettis his peace fra the King, and now beginis to kythe, who durst not be sein since anno 1636 abefoir, sie folio 39, sie folio 167. Vpone Sonday the 24th of Februar, thair hapnit some 18 gentil- Sum persons drouni* men of the names of Fraser, Ross, and Cuming in ane ferry-boat vpon Findorne - passing the water of Fyndorne pitifullie to droun. Vpone the 27th of Februar, the Erll of Marschall tuke wp muster Marschaii beginis to of his men tennantis and seruandis, within his barronyes and lands muster hls men ot M: " off Kintor and Skeyne, and inrollit thair names so strictlie, that scarss men wes left to hold and to call the pleughe. Thair wes also ane meiting of the Forbesis and Fraseris keipit at Ane melting amongis Monymvsk. the Forbesis - The toun of Abirdein still trusting to the Kingis letteris and pro- Abirdein, trust.ng , n tectioun, and heiring the covenanteris wes raising forces to cum to th f KiDg l s ' ttt, n ' 0 © ■ solues to byd the worst. Abirdein and compell thame to yeild to thair willis, whidder thay wold or nocht, resolvit to byd the worst ; and be the Marques ad- ih, y be the .Marquess vise began to try what victuall or prouisioun wes within the toune, ihw't^thS rietuaii incace thay war beseigit. Nixt thay began to cast ditches be his 142 MEMORIALLS OF THE TRUBLES chay castditchisbe advyss, and advyss of livetennand collonell Jhonstoun, who all this 5toun's I a'lfyts! rohn " tyme wes in the toune dreilling wp the tounes soldiouris ; and vpone the first day of Marche fell to wark, and keist deip ditches fra the Gallowget port doun the north syde of the toune touardis the castell hill, and about the hill. And vpone the south syde of the toun thay rhaj miss up sconses. raisit wp tymber sconses anent the loche, cled with daillis, quhairby the tounes muskiteiris micht saiflie stand and molest the enemy. Thay had the lyke sconses at the Gallowget Port vpone the hill. Thay plant tiiair ordi- Thay had ellevin peice of ordinance, whiche was plantit most com- modiouslie vpone the toune streites, ilk peice haueing ane tymber All man and woman is sconss set wp for soldiouris to defend the samen. And thus ar thay ■ w ; nsis maid, and bussie man and woman, making gryte expenssis to hold thame out, vse - who wold nocht be holden out for them, as ye may sie, folio 96. , r . . „ . Vpone the same first of Marche, Mr. Androw Cant, minister at Mr. Androw Cant turns * ' fra Petsiigo, going to Petsiigo, cam with his wyf and children to Old Abirdein, whair he Newbottill, with liis wvf . . , . ~ and barnis. lodgit all nicht ; and vpone the mxt Sonday, in his journey, teichit at Banchorie Devnik, to whome flokkit sindrie puritanes out of Abirdein to heir him. He wes translaitit from Petsiigo to New- bottill, and had now removit him self, and wes vpone his journey Hi- is a malitious cove- touardis Newbottell, a gryte covenanter, veray bussie in thir altera- tions, and mortall enemy touardis the bischoppis. He wes thair- efter translaitit fra Newbottle to Abirdein, as ye haue, folios 223, 333. ,,,, , . , Now the covenanteris hes daylie meitinsces at thair counsall rue covenanteris lies ' ° inaii dayii, >,,. itings. table in Edinbrugh ; men takin wp in the south countrie, and dreill- ing and mustering daylie ; commissioneris also apointit to tak wp iron taking up in good thair number, and sie thair ordour and armour. Thay omittit no ordour. ■ . •■ ji • occasioun to advance thair purpoiss. i Biscnopis trusting Bot the bischopis lay still and beheld all, stedfastlie depending e iil'iesiv behaIdis aU vpon the Kingis protectioun and defenss, as he had often writtin and promesit. And in the meintyme the countrie is brocht wilder gryte feir. commissioneris send to About this tyme, and begining of Marche, Mr. John Hay, minis- ?ntima s ,ing''i,is .u-privt ter at Raffart, Mr. Dauid Dumbar, minister at Ardclache, and Wil- tioun and chargeing him ij am Rogg prouest of Name, all covenanteris and commissioneris to mak Ins repentanss, 1 takis instrnmentis. of the generall assemblie in this cace, cam to Elgin, met with the sumtyme bischop of Morray cuming fra sermon, evin at the kirk ANNO 1639. 14.; dur of Elgin, and thair publictlie maid intiniatioun to him of his deprivatioun, chargeing him also to mak his publict repentance ; and quhairvpone thay tuke instrumentis. The good bischop, seing materis go so, left now af to preiche any moir albeit he teichit ihebUchop preiehi efter his deprivatioun, quhill now about the begining of Marche, as mtm said is, he left af to preiche ilk Sonday, according to his custom, and resoluis to keip his castell of Spynnie cloiss, and Cum no more Resolues to keip lur out, becaus he had furneshit the samen with men, munitioun, tastc11 of • s i'i"' n,L victuallis, and all thinges necessar, and resoluit to keip this strenth to the vttermost ; bot he wes forsit to give it over or all wes done, as ye may sie, folio Ye hard, folio 86, of the Kingis proclamatioun. It wes not suf- The covenanteris res- ferit to be publishit heir as wes in England, bot altogidder supprest, K^s°proc?a^ alledging thay war thair callit traittouris who were of the covenant, aganist all ordour, for none suld be proclamit traittouris whill first thay be tryit, assysit, and legallie convict of tressoun in counsall or court of parliament, according to the Scottish lawis ; and that his Majestie aucht not, vpone euill informatioun of thair enemeis, go about to proclame thame traittouris, without advyss of the lordis of counsall ; and so wold not suffer thame to be publishit, sie folio 113. Vpone the 14th of Marche thair wes ane meiting amonges the Ane meiting at Perth, nobles and vtheris at Perth, whair the Erllis of Argile, Montross, the Lord Couper, the maister of Forbes, and some vtheris war. It wes said that Argile wreit to his goodbrother the Marques of Hun- Argiie wmtis to the lie, desyring him to be at this conventioun, or then send his eldest meiung^r ws^on?' sone ; bot he wreit bak his excuse, saying he culd not cum him self, He wreitis ansuer. and his sone wes bot young, bot he suld send ane commissioner thair, as he did, and send Doctour Gordoun to Perth. This conven- Hesendis Doctour Gor- tioun contynewit whill the 18th off Marche, syne dissoluit. It wes T ° h " s n Zn^ouu as- said the Marques of Huntly wes desyrit by Argiles letter to meit ? Iu .f ■ . ' ' _, . Argile cravit a meiting him at Brechin, bot the Marquess wreit bak his excuse, saying he of the Marquess, ami re ., . a., . . . , . i. fuisit - could not win. Argue vrgit a meiting or him quyethe, ather at Brechin or Fettercarne, to haue commount vpone thair effaires, bot still he refuisit. He wes also diuerss tymes aduertesit be sum of He is foir-warnit of this his freindis, that, if he wold not concur and assist the covenanteris fori*' count,s not designes, he sould be careit to Edinbrugh, and wardit in the castell 144 MEMORIALLS OF THE TRUBLES coniraanderis eumis home thairof ; bot he misregardit all counsall, albeit it over surelie earn to pas to his shame and skaith. He wold not leave the King, bot tlaylie luikit for help and supplie from his Majestie, wherein be wes deceavit. The Erll of Argyll saw he could get no meiting of the Marques, he beheld him, and from this conventioun rode to Argile. Doctour Gordoun re- Ilk ane of the rest went a sindrie get, and Doctour Gordoun returnit turnis to ...e Marquess. t() ^ Marques to Abirdein. Fortificatiouns and About this tyme the covenanteris began to cast fortificationis and tenches about Leith. trynsches about the toun of Leith, be advyss and directioun of the foirsaid Felt Marschall Leslie, and both men and wemen cam ryning to this wark. Many brave captans and This Lesly wreit also to Germany, France, Holland, and diuerss vther pairtis for expert capitanes, commanderis, and officiares to at- tend seruice, as it fell out ; to whome cam numberis of brave com- manderis, thinking to mak wp a fortoun in thair native kingdome, howsone the trubles began as then daylie wes luikit for. The Laird of ciuny Schir Alexander Gordoun of Cluny, knight barronet, being send p4 e ** e arteKing be the Marques to go to the King be land, returnit to Abirdein be sea in ane of the Kinges pinnages, vpone the nynt of Marche. a schip with armes This pynnage gardit and convoyit ane vther merchand schip to the cumia to the Marquess. port of the said brugbe) w hairin thair wes 2000 mvscatis, bandi- leiris, and mvscat staves, 1000 pikis with harness and armour, both for foot men and horss men, cairabins, horss peces, pistollis, pulder, Thay ar iandit, and de- leid, and matche. Thir armes war brocht on schoir and deliuerit liue,it *° hlra - ' to the Marques vpone the 17th of Marche. The toune of Abirdein The capitane inter- intertynneit the capitane of this pynnage kyndlie, and had ane tainde, and his schip nichtlie watche of fourscoir mvskiteires to saiff and defend hir fra watchit all danger, sa lang as scho lay within the harberie. The laird of Cluny brocht this capitan over to his owne houss in the Oldtoun, and maid him good cheir. Now thir armes cam fra the King to the Marques, quhilk he schortlie disperst and spred to sic as wold by and give thair tiket for payment at Martimess, of sic soumes as wes agreit vpone, or then to restoir sic armes as thay bocht bak agane to the said Marques at the said terme. The laird of Cluny brocht ciuny brocht letteris fra letteris also from the King to the Marquess, with ane lievetennand- ,™ d He1oV\ne e Mar: ne. Diuerss cam and bocht of thir armes, and gave thair ticket for payment of ilk mvskat, bandeleir, pulder, ball, mvscat staf, and ANNO 1639. 145 matche 15 lib., and for ilk pik of xcviij s. And so the rest of the Thir a ™ ls arsauid, the armes wes all prycit and givin out vpone not of payment, as said is. ,,ncc ' s "' al, ' 0, Now this livetennandrie cuming home, (whidder past our Scottis The Marquess accepts seallis or not I know not) bot he acceptit the samen glaidlie, and this Liu etennandrie, bot ' * o was not past our Scottis send for sic men as wanted armes of his awin, duelling in Strath- stains. bogie, Gartlie, Engzie, Auchindoun, who cam to Abirdene, about 500 men, on futt for the most pairt, whome he furneshit. Thay He armes sum of Ms cam to the toune in good oi'dour and array, and schortlie returnit amn " un bak agane to thair awin houssis, about or vpone the 19th of Marche. The counsall of warr within Abirdene began agane to try the Ane counsaii of wan in provisioun and victuallis within the toune; and vpone the 17th of tnetubiict fast Marche ane solempne fast keipit for the peace of the countrie. Vpone Frydday, the 22nd of Marche, the bischop of Abirdein The bischop rcm ,,, , flittit and reniovit from his awin pallace in Old Abirdein over to the New Abirdein - toune, and duelt in Thomas Carngillis hous in thir troublesum tymes, for his better securitie, bot he wes forsit to flie the countrie also, folio 123. The Marques of Huntlie his livetennandrie extendit fra the northe The Marquess lwtennan- watter to Caithnes inclusiue, quhilk he causit proclame at the cross ^"rtts'foUowiD W ** of Abirdein vpone the 16th of Marche, beiring thir wordis : — own uami.'. George, Marques of Huntlie, Erll of Engzie, Lord Gordoun and Badzenocht, &c, Thetennour of this pro- his Majesteis livetennant of the north, from the north water of Esk to Caithness in- clamatioun set out in his clusiue, To our louitis, &c., heraulds, pursevantis, messingeris, coniunctlie and seuerallie, speciallie constitute, greting : Forsameikill as it concernis his Majesteis speciall seruice, that all his Majesteis leges, of whatsoeur qualitie, rank, or condition, he sufficientlie providit in armes, and be in reddiness prepairit with all diligens to re- pair whair and when he think fitting, vpone 48 houris aduertesement, with 15 dayis lone. These ar thairfoir to requyre and command yow, or ony of yow, vpone the sicht heirof, that ye pas to the marcat cross of New Abirdein, heid brughe of the schyre, and thair be oppin proclamatioun, in his Hines name and auchtoritie, mak dew and lauchfull publicatioun of the premissis ; and with all, in his Majesteis name, and als in our name as his liuetennand, to requyre, command, and charge all and sindrie erllis, lordis, barronis, heritouris, sehireffis, prouestis and balleis within bur- rowis, and all vtheris his Majesteis leiges, alss weill to brughe as to land, regalitie as royaltie, of whatsoeuer qualetie, rank, place, office, or conditioun, betuixt 60 and 16, to be sufficientlie provydit in armes, and to be in reddiness and prepairit with 1 5 dayis lone, to ryss, concur, assist, and pas forduard with ws his Majesteis liueten- nand, in his Majesteis seruice, or with ony vtheris authoreisd be ws, wheusoeuer we T 14G MEMORIALLS OF THE TRUBLES sail causgive dew and lauchfull aduertesment vpone 48 houris to that effect, wilder all hiest pane and charge that efter may follow. Like as, also, we requyre and com- mand you in our Soucraigne lordis name, and in our name, as Iiuetennand foirsaid, to expreslie inhibeit and discharge all convocationis and gadderinges whatsoeuer of his Majesteis good subiectis, at whatsimeuer tyme heirefter or place, not being authoreisd be our warrand for that effect, as thay will ansuer at thair hiest perrell ; It is subscrivit with his quhairanent thir presentis salbe your sufficient warrand, subscrivit at Abirdcin the own hand. lGth of Marche, 1G39. Sic subscribing, Hdntlie. He sendis out charges He send out the like charges aganes the Lord Fraser, the laird of .gani« sindrie covenan- Monvmvsk, the laird of Levis Burnet, the laird of Kermvk, and tens, and hkuaies aganes •) J ante-covenanteris to diuerss vtheris of the prvme covenanteris in this country, in meit him at Innerrrie. _ _ -/i t it i • • t Buchane, Mar, Menus, Gareoche, and diuerss vtheris pairtis m the northe. And sielike chargeing the antecovenanteris, nohles, bar- ronis, and gentrie, by giving ilk one coppeis to meit him as Iiue- tennand in thair best armour, with 15 dayis lone vpone the 25th of Marche, conforme to the charge aboue writtin, at Innerurie, as place apointit. Like as, in all haist he send and causit mak pro- Tiie Hko eiiargis vsit at clamatioun in forme foirsaid at the marcat crossis of Banf, Elgin, t. • t i » vertisit of the covenan- wes, he being duelling m Abirdein, thair cam to him James rsur- te ,. is gathering, to cum net of Cragmyll, with sum vther weill affected freindis, schowing J° 4dis dein ' b ' sum the covenanteris wes gathering, and that thay had ane conven- tioun to be at Old Montroiss schortlie, resolveing to cum to Abir- dein, who wold the contrair, and publishe thair assemblie actis, and Thay woid publish thair viseit the Oldtoun college, and to tak ordour with the ante-cove- ^"^t^he' 0 idtoun nanteris and outstanding ministeris in this countrie in all haist, colle s e - seing the haill kingdom wes obedient except Abirdein, and the Marquess and sum of the northe ; and thairfoir desyrit his lordschip, , T- « T' Counsall givm to the out of love, (but ony warrand) that he wold be pleissit to behald Marquess be freindis. thame to go on, vtheruayes thay war making sic preparatioun that 148 MEMORIALLS OF THE TRUBLES Abirdein is advisit to subscrive the covenant, and suffer the asseinblie aetis to be publishit, and to contribute with the covenunteris in expensis, be tiie same frendis. The Marquess and Abir- dein gave littill ansuer. Thay go to counsall, concludes to send com- missioneris to Montross, quhair the covenanteris had ane meiting. The commissioneris questions. Ansuer maid thairto. thay wold cum, and micht not be resisted. Thairefter thay went to the counsall of Abirdein, desyring thame willinglie to cum in and subscrive the covenant, obey the assemblie actis, and suffer thame to be publishit, and suffer the Oldtoun college to be viseit, and con- tribute in expenssis and all vther thinges with the covenanteris fra the begining of this bussines, vtheruaies it wold stand to thair schame and skaith by thair expectatioun. The Marques, and the prouest and balleis, hard all, bot gave littill ansuer to thir freindis. Aluaies thay go to counsall to sie what wes best to be done ; and in end concludis, that the Marquess sould send to this conventioun, holdin be the covenanteris at Montroiss, tuo freindis in commissioun, and the toune suld send vther tua commissioneris to thame, to wnderstand thir covenanteris mynd. Like as, his lordschip send Mr. Robert Gordoun of Straloch, and doctor Gordoun, medicinar in Old Abirdein ; and the toune send doctour Johnstoun, phisitian in New Aberdein, and George Morisoun, burges thair, vpone the 21st of Marche, to Old Montross, whair the Erll of Montroiss, the Erll of Argyll, the Lord Covper, and diuerss vtheris covenanteris had thair meiting. The commissioneris declairit thay war send fra the Marques and brughe of Abirdein, (heiring of thair gathering of forcess) to demaund if thay had ony intentioun aganes thame, or to persew, injure, or molest thame be armes; if thay had sic inten- tioun to aduertess thame, whairby thay micht be vpone thair gaird ; if vtheruaies, to send thame assureans be wreit of thair peciabill resolutioun. a Whairvnto ansuer wes maid to the saidis commis- sioneris, thay war not to do ony wrong violentlie, bot aganist The comissioneris de- cl.iratioun. No ansuer maid thairto moir nor befoir. Thay return to the Marquess, and to Abir- dein with lhair ansuer. suche as stood out aganist thame and thair covenant ; and that thay wold stryve to compell thame to yeild, who wold not submit willinglie ; forder assureans be wreit thay wold not grant. The commissioneris told how the Marques and brughe of Abirdene wes peciablie set, obedient to the King and his lawis, and daylie wissing the weill and quyet of the kingdome ; and thairfoir luikit not to be invaidit nor perseuit without doing any wrong. The commissioneris gat no vther ansuer, bot returnit bak to Abirdein, and told the Marques and the toun thair ansuer, and that thair wes gryte appeirans of truble to follow ; quhilk bred no a See Gordon's Scots Affairs, vol. ii., pp. 220, 221. et seq. ANNO 1639. 149 small miscontentment to the Marques, and gryte feir to the brughe of Abirdein. Aluayes, vpone the recept of this ansuer, the Mar- quess haistellie resolves to leave Abirdein in the midst of thair The Marquess leaves distressis, takis his children with him, with whome also hapnit Ahlrdein - thair to be the Lord Seytoun, and leaves directioun to his seruandis to flit and remove thame selfis, goodis, and geir efter him to Stra- bogie, gois to horss, and vpone the 25th of Marche cums to Inner- u e gois to innervrie. vrie, whair thair met him about 5000 brave gentilmen, quhairof thair wes 1000 horss in gude ordour, and weill armit ; bot the Erll His army and number of Findlater, quhom he cheiflie expectit, earn not thair. The Mar- tha "' of quess causis draw thame wp in order of battell, and wes glaid of thair cuming ; who cam, sum for feir and obedience of the liveten- nandrie, bot most pairt wes of his avvin vassallis, dependans, freindis, and folloueris. Efter this view, thay campit thair all nicht, Thay encampit. and vpone the morne the Marquess gois to counsall, whair it wes The Marquess gois to found expedient to dissolue this army, inrespect of the great army counsal - cuming haistellie from the south, who had grite assistans heir in the north reddie to meit thame, whiche hardlie he with his pouer could resist or defend. Whairvpon the Marquess, efter a good counte- nance, thanking the people for thair obedient cuming and convein- ing, gave thame leive to go home, and dissoluit without more ado ; Thay get ubertie, and and him self rydis to Strathbogy. Many mervallit at this purpoiss, Him self rydis to strath- sum holding opinioun the Marquess micht have stayit and givin the b " sy ' . . ° 1 1 * O Diuerss opiniouns anent covenanteris battell ; vtheris alledgit it wes most dangerouss, and 4he dissoiuing of tins the chance of warr vncertain, so that if he had foughten and bene y overcum, him self, his kin, freindis, and thair landis, had bein alluterlie spoyelit, wrackit, and vndone, without any appeirans of help or recoverie. And if it hapnit him to be victorious, the cove- nanteris wes able to renew battell, and bring the haill body of the countrie aganes him, whiche he wes vnhabill to gane stand, and had no hope of help fra the King, nor appeirans of thankis at his handis if he had enterit in blood, yea suppose he had bene vic- toriouss. Hovvsoeuer men judgit and thocht of this bussines, the Marques took this courss, and dissoluit as said is. About this samen tyme, the Marquess fut post callit Williame The Marquess letteris Nicolsone, ather going to the King with letteris, or cuming fra him beTk e nlvt! anddtl ' utnt with letteris, wes takin be the covenanteris, and his letteris maister- Sle foho 698, 150 MEMORIALLS OF THE TRUBLES fullie spoilzet fra him ; quhairat the Marques wes offendit, as he had ressone, for his awin letteris wes keipit wp aganes him self. Yit done willinglie be the post, and hangit thairfoir, folio 698. The castell of Edinbrugh Word cam also that the castell of Edinbrugh wes randerit be ane [Archibald] Haddan, brother to the laird of Glanegask, wnder capi- tane thairof, to the toun of Edinbrugh, and takin in be thame. Abirdene is in h.-ud cace. The nobill brughe of Abirdein daylie deavit with the cuming of ane army, and pondering and considdering gravelie the ansuer whiche cam fra the covenanteris to thame, and with all how the Marquess had left thame in whome thay had especiall confidenss, and deserting his army at Innervrie, as ye haue hard, far by thair expectatioun, and seing no help cuming from the King, thay began Thay ar hartiess and then to be hartles and comfortles, and alluterlie to dispair, not helpless " knowing what courss to tak ; the toun also being divydit amonges thame selffis, sum following the King, sum following the countrie Thair lesoiutioun. an ^ thair covenant. At last, efter diuerss consultatiounis, they con- clude to give it over, and to quyte the causs, and to think all thair panes and travellis takin in this bussines to be cleirlie lost and tynt ; and thairfoir, seing thay war not able to mak defenss aganes the in- Thaj quyt aii defence, cuming of this army, resolues to cast thair suordis from thair sydis, quhilk wes then daylie worne, leave of thair mustering and dreil- ling, casting of ditches, keiping of watches or cat-bandis, removit thair ordinans af of the calseyis with thair forticfiationis, kest oppin thair portis, and maid them reddie to give the army peciabill Thay win give peciabiii entress within the toune, but impediment, suppose sore aganist thair ii'kman dois for him willis. And in the meintyme ilk man began to hike to his awin particular Weill's for eschewing of this imminent danger. Sum re- movit thair best goodis out of the way, vther sum fled the toune with thair wiffes and barnes. Amonges vtheris, thair fled be sea 60 brave touns men gris about 60 of the bravest men and yuithis of Abirdein, weill armed be sea— thair ordour. V vith suord, muskat, and bandilier, as excellent cavilleires. Thay took one of the tounes cullouris and Johne Park thair drummer Ti.air ressone. with thame, and resolues to go to the King. Thus thay all fled be- foir thay war compellit to subscrive the covenant, contribute in ex- penssis, and sie the assemblie actis publishit, whiche thay had so Vtheris bydis. long withstood abefoir. Vtheris agane baid within the toun, sic as Mr. Alex r Jaffray, prouest, the balleis, and vtheris covenanteris. ANNO 1639. 151 Aluaies, about the 28th of Marche, schippis at Torry oure tounes cavilleires in ane schip attending thair seruice. With whome Doctour Lesiy, Doctou V . • n -it- • n ii Barroun, Doctour Sib- schippit also Doctour Leslie, principall of the Kingis College, bald, Doctour Gooid Doctour Barron, professour of divinitie, Doctour Sibbald, ane of the ministeris of Abirdein, (for Barron wes not ane ordiner minister then in Aberdeen, bot preichit ones in the 20 dayes, becauss he wes professour and teichit divinitie) Doctour Ross, and Doctour Goold, vther tua of the tounes ministeris ; bot Doctour Ross micht not flie, becaus he wes lying sore seik. Thus all fled to England except Goold, who fled to Holland. Thair also schippit with them the Drum, Petfoddellis lairdis of Drum, Petfoddellis, young Foverane, Balgovny, Mr. Alex r fldrbfTsea. * 8 ° VD5 ' Irving, Robert Irving, and sum vtheris ; and vpone the 28th of Marche hoy sis wp saill, and to the King go thay. Bot this flicht did litle good, as efter ye may heir, folio 129. a Doctor Forbes of Corss, Doctor Scrogie, minister at Old Abir- Doctour Forbes, i dein, Mr. Gilbert Ross, reidar, fled all thair houssis, and throw the t0 " r Scrogy fle,s ' countrie go thay. b Mr. Alex r Middiltoun, Mr. Alex 1 ' Gairdin, Mr. Alex r Scrogie, The subprincipaii, and regentis, with Mr. Robert Ogiluy, subprincipaii of the Kingis Col- cofiege, S an C dfleis." P ' ledge of Old Abirdein, kest wp the colledge yettis, and set the studentis at libertie, and fled throw the countrie them selffis. This wes done vpone the 22nd of Marche. The bischop of Abirdein fleis out of Abirdein vpone the 27th of Thebischop of Abirdein Marche, with Johne Bellenden his sone, Mr. Johne Bellenden his eiS brother sone, and Johne Blaccater his seruitour, and quyetlie throw the countrie gois he. The laird of Ethie in Angouss, with sum freindis, antecovenant- The Laird of Ethk- nYi* eris, fled his countrie ; schipit for France. He is driven be tempest to Dumbar. Thay ar all takin, schip and goodis, and all wardit ; a See Gordon's Scots affairs, vol. ii., them in theire course, and that ther hade p. 225. bene a summonds against me given in at b ' Upon the certain report of the my dwelling house, I tooke journey that comeing of the suthern armie to Aber-, same night secreitly, and went to Buchan, dene, 1 went to Corse vpon the 25th day where 1 remained till the southern army of March, and returned to Old Aberdene was retired from Aberdene southward ; the fy ft day of Aprill at even ; where and I returned to Aberdene vpon the vnderstanding the hard and threatning 10th day of April.' (Diary of Dr. John manner of dealing used by the cove- Forbes, fol. 63.) 7ianters, in requyring men to joyne with 152 MEMORIALLS OF THE TRUBLES. yit vpone conditionis thay ar set at libertie, and tliair goodis re- stoirit. Oure barronis and bur- Now aure Abirdenis men and countrie barronis fled all to the ^tynt thair trenail*; King, to complane vpone the disordouris of the land, and feiris that and our doctoris also. war wn( j e r, throw occasion of this covenant ; hot thay tynt all thair trauell, and wes forsit to cum hame agane, as ye may heir, Doctour Barron de- except Doctour Barron, who depairtit this lyf at Bervik, the c€*issit nt Jltrvik mid Doctour Ross in' Abir- day of August,* and Doctour Ross deceissit in Abirdein in the samen r'eturnlt'^vom^Honand. moneth. So thir tua lernit doctouris deceissit, and Doctour Goold returnit home from Holland, and the rest from England, as ye haue, folio . Doctour Sibbald cam not hame, bot stayit in England. The bischop of Abirdein The bischop of Aberdein wes hardlie thocht of be the covenant- leaves preiching. erigj for pl - e icliirig ilk Sabboth to the 24th of Marche, and giveing of the commvnioun, as ye haue hard, efter he wes excomvnicat, bot he teichit no more. The assemblie rootis Thus the assemblie foirsaid, without auchtoretie of the King, and expres aganis his command, cled with the lawis, excomvnicat and deprivit bischopes as thay pleisit from thair places, digneties, and rentis, to the admiration of many, aganist the lawis and thair owne consciences. The miuisteris thunderis Xow the ministeris of Edinbrugh and elsswhair beginis to preiche tane^be^go'od'causT 311 boldlie out of pulpitis, exhorting the people to mantane this good causs, whairvpone thay went on furiouslie be thair persuasioun in defens of this covenant, without the Kingis warrand or auchtoritie. The counsaii table seis Now the Counsall Table, finding that thay had gottin obediens Marquess, e Abirdcin' e throw all the burrowis of Scotland, and throw the countrie also, Doctour. and v.heris. and none to gtand Qut except Abirdene and doctouris thairof, and the Marques of Huntlie, his freindis and followeris, with sum of the countrie ministeris, who tuke thair dependens fra the King aganes thame and there covenant ; how thay wold not heir the assemblie actis publishit within thair kirkis ; how thay wold not subscrive the covenant, nor contribute with the covenanteris ; that thay war casting ditches, and vsing devyses to defend thame selfis ; and that the Marques of Huntlie wes duelling amonges thame, the bischop also in the samen toun, giving thair advyssis and counsall ; that the Marques had gottin hame armes, with ane livetennandrie - 1 See Gordon's Scots Affairs, vol. ii., pp. 86, 90. ANNO 1639. 153 to cross thair covenant; vpone thir ressones, and diuerss vthcris. Thay raise armes, ad- thay raiss armes in the south, and haistellie directis Mr. James to meu thamel^ 1 *" Baird and James Gibsoun, tua aduocatis in Edinbrugh, to cum quiklie to the north, and caus the covenanteris thair convein and meit tbair army at Abirdene, which thay did. And thairwith re- TMay reso i u e to hau soluit ather to bring the Marques, the brughe of Abirdein, thair obedience ' doctores, ministeris, and all vther outstanderis to cum in and sub- scrive thair covenant, and do all vther obediens willinglie, or vther- uayes to compell thame be armes to do the samen. And vpone this resolutioun thay lift thair army with gryte diligens. In this meintyme, the Lord Fraser, the maister of Foi'bes, the The covenanteris in the Erll of Erroll (being bot ane young barne) his men tennentis and " m "' rysis " seruandis, wnder the conduct of the laird Delgatie, the Lord Pet- sligo, being also bot ane barne, his men tennentis and seruandis, wnder conduct of Alex r Forbes of Boyndlie, his tutour, with diuerss vtheris barronis and gentilmen, covenantei'is, convenit vpone the Thav convein at Kintor. 28th of Marche at Kintor, about the number of 2000 men, horss Thair number, and foot, reddie to meit the south land covenanteris at Abirdein, as thay war directit. From Kintor, thay cam in order of battell to Old Thay cum to Abirdein, Abirdein, whair pairt war lodgit vpone the 29th of Marche, being ^^^g*^^- Frydday, all that nicht, bot the most pairt lay in the feildis about 1,18 01 the arm *- the Oldtoun, abyding the cuming of the southland army. Vpone the quhilk Frydday, and 29th of Marche, thair cam in the evning The armie cums to TuI . to the northsyde of Tullohill, besyde Banchorie Devnik on Diesyde, loch hin within three myllis to Abirdein, the Erll of Montroiss, Lord Generall the Erll Marshall, the Erll of Kingorne, the Lord Erskyn, the Lord Carnegy, the Lord Elcho, his excellence Felt Marshall Lesly (who by his wit and valour had atcheivit to this heich tit-ill of honor, as to be callit his excellens) with ane weill prepairit army both of fut and horss, drawin out of the schirefdomes of Fyf, Perth, Angouss, Mernis, and burrowis tounes thairof allanerlie. Thay war estimat to be about 9000 men, careage, horssis, and all, vpone Th8il . numberi and can . horss and foot. Thay had tuo cartovis or quarter cannonis follow- " on - ing thame, with tuelf vther peice of ordinance. Thay micht haue eselie cum to Abirdein, haueing day anewche that same nicht ; bot thay wold not cum, bot stentit thair pavilionis vpon the said Tullo- hill, and restit thair all nicht. 154 MEMORIALLS OF THE TRUBLES ihay cum in batten Vpone the morne being Setterday, thay cam in order of battell weill armit both on horss and futt, ilk horsman haveing fyve schot Thairarmes and fumi- a * the leist, quhairof he had ane carrabin in his hand, tuo pistollis i our - , , . be his sydis, and vther tua at his sadill torr. The pikmen in thair Thair ordour, and rankis, » 1 rankis [with] pik and suord ; the muskiteiris in thair rankis with mvscat, mvscat staf, bandileir, suord, pulder, ball, and matche. Tiiair capitanis, and Hk company both on horss and fut had thair capitans, livetennandis, commandens. ensignes, serjandis, and vther officiares and commanderis, all for the Thair cuiiouris. most pairt in buffill coatis, and goodlie ordour. Thay had 5 culloris or ensignes ; quhairof the Erll of Montroiss had ane, haueing this Montroiss motto. motto drawin in letteris : For Religioun, the Covenant, and the Countrie. The Erll Marschall had one, the Erll of Kingorne had Than trompettouris, one, and the toun of Dundy had tuo. Thay had trvmpettouris to ilk and drummeris. , , , , ... „ „ company of horssmen, and drummeris to ilk company or tootmen. Thair provisioun bag, Thay had thair meit, drink, and vther prouisioun, bag and baggage, careit with thame, done all be advyss of his excelence Felt Mar- Feit Leslie devyser. shall Leslie, whose counsall Generall Montroiss follouit in this Thay cum to Abhdein, bussines. Now, in seimlie ordour and good array, this army cam and marches throw the <> toun, to the Quenis forduard and enterit the brughe of Abirdein, about ten houris in the morning, at the Over kirk get port, syne cam doun throw the Bredget, throw the Castell get, out at the Justice port to the Queinis lynkis directlie. Heir it is to be nottit, that few or none of this haill army wantit ane blew ribbin hung about his crag doun The covenantees ribbin. wnder his left arme, quhilk thay callit the covenanteris ribbin, be- caus the Lord Gordoun, and sum vtheris of the Marques barnes and famelie had ane ribbin, when he wes duelling in the toune, of ane reid flesche cullour, whiche thay weir in thair hatis, and callit it the The Royaii ribbin. myall ribbin, as a signe of thair love and loyaltie to the King. In dispyt or derisioun quhairof, this blew ribbin wes worn, and called the covenanteris ribbin be the haill soldiouris of this army, and wold not Our Northland men heir of the royall ribbin, sic wes thair pryd and maleiss. Thair cam to lynkis. 1 ' '"" " the the lynkis the samen Setterday, fra the Oldtoun and feildis about, the Lord Fraser, the maister of Forbes, the laird Delgatie, the tutour of Petsligo, the Erll Marschallis men in Buchane, with diuerss vtheris barronis, thair men tennantis and servandis, about the number of Thair number. 2000 horss and foot, and met with the army in kyndlie maner. Ane generall muster. Schortlie efter thair cuming ane generall muster wes takin of the ANNO 16.39. haill army, who wes estimat about ellevin thousand men, horss and Thair number, foot, carriage horss and all. Mustar being maid, all man wes com- mandit, be sound of trvmpit in Generall Montroiss his name, to go Thay go to brakfast. to brakfast, ather in the lynkis or in the toun. The Generall him self, the nobles, capitanes, commanderis, for the most pairt, and soldiouris, sat doun in the lynkis, and of thair awin provisioun, vpone ane servit on thair knie, took thair brakfast ; vtheris went to the toun, and as thay war commandit, returnit schortlie to the army, who complanit thay war not maid welcum', and payit deir for sic as Sum compianit vpon the ... l-fi i touns intertynnement. thay gat. Aluaies, ane vther view wes takin ot the army, and sum Ane vther view takin of waik armies bodeis gat libertie from the Generall to go home. sumTaik bodeis ar Thairefter the Generall send for the prouest, Mr. Alex r Joffray, and i^TJ jWray is send told him that his soldiouris who went to the toune culd not get wel- for . . . The generallis confer- cum nor meit, albeit he directit thame to tak nothing for nocht, and renss with him. for sic as thay gat thay war extorsioned. He said likuaies, the toune of Abirdein, vpone thair gryt expenssis and sore travellis, wes casting ditches to stop thair army, and vseing many vther de- vises to withstand thair cuming, quhairin thay provit moir wilful! nor skilfull, and had loist all thair labouris for all thair bussinessis : thairfoir he commandit the prouest in all haist to caus fill up these Ditches commandit to be ditches, to the effect his army micht pass and repass without im- " P pediment, and in the meintyme to sie that his soldioris micht be The soldiouris to be weill intertynneit without extortioun, as occasioun offerit, whiche a u u'obeyit. kyndlie - the provest humelie promesit, and so performit, and causit the tounes men haistellie to fill wp the ditches. a Efter thir speiches, the ai'my immediatelie wes agane drawin wp, The army is agane and the Erll of Kingorne with 1500 men had order to go to Abir- Th^EriTof Kingorne dein, tak in the toun and watehe the same, and to send efter the ££* t0 wateh Abir ' army tuo cartowis or quarter canons, haueing the bullet about 24 And t0 send efter the J 1_ i rs- P ■ i !• i army tua cartouris, puna wecht. Contorme to this ordour, efter Kingorne had takin " h e« thay cam to Abir- his leive fra the Generall in the lynkis, cam wp to the toun the d lD samen Setterday, with the lairdis of Benholme, Auldbar, and diuerss vtheris men of mark with his company. The Erll with sum vtheris lodgit in skipper Andersones, to whome cam the prouest and The Erii lodgis in balleis, and humely randerit to him the keyis of thair tolbuith, thair SJ^l^Stt. a See Gordon's Scots Affairs, vol. ii., pp. 227-8. 156 MEMORIALLS OF THE TRUBLES Soldiouris ar quarterit. Watches set. Abirdein is now brocht wnder subiection for byding be the King. No brugbe trublit hot thay. (rovernour Kingorne reoeavs the keyis of Petfoddellis houss. Ane rakeless schot. The Lady Petfoddellis loissis hir pvrss. Scho getis bak hir keyis agane. The generall raarchis touardis Kintor. Thair minister. Thay march to Inner- vrie. The Marquess considcra- tioun. kirkis and portis. He causis quarter his soldiouris, settis ane strong watche, both day and night at ilk port, of mvskiteiris. None, day nor nicht, went in nor out bot by thair permissioun. Thay war cloissit ilk evening, and opnit in the morning about 7 houris. Now brave Aberdein, who went wyslie to guard tharoe selffis, is now brocht wnder subiectioun, and commandit be ane stranger gover- nour, becauss thay war loyall to the King, dependit vpone his pro- tectioun, proclamationis, and missive letteris, whiche now aganes thair expectatiouns had altogidder faillit them, to thair gryte greif, schame, and sorrow ; and none of all the brughis of Scotland brocht wnder this trubbill and vexatioun bot onlie Abirdein, bot patiens perforss. Governour Kingorne, for so the Erll is now styllit governour of Abirdein, the same Setterday at night, efter he had receavit the tounes keyis, receavit also from the ladie Petfod- dellis the keyis of that lodging, whairin the Marques had lodgit schort-while abefoir. Bot at the delyverrie of thir keyis, thair wes ane suddant fray amongs thame, throw occasioun of ane schot rak- leslie lettin go in the same houss, quhair the governour and the ladie with vtheris war togidder. None knew quhairfra nor how this schot cam, for all the tryell culd be maid. Aluaies, the ladie in the tumvlt and preass loist her pvrss, weill plenishit with gold and ryngis, and culd not get the same agane ; and so scho took hir leive of the governour of Abirdein, leaving with him the keyis of hir husbandis hous in Abirdein, and wanting her pvrss also ; bot scho wes restoirit bak to her awin keyis, bot forder molestatioun, sie folio 99. Efter the Erll of Kingorne had receavit orderis in the lynkis, as ye haue hard, Generall Montroiss immediatelie thairefter, and vpone the samen Setterday efternone, the 30th of Marche, cam not to Abirdene as the toune expectit ; bot fra the lynkis, about 4 efternone, marchit touardis Kintor, with his army in brave ordour, whair that nicht thay incampit, and Sonday all day also, haveing thair awin minister, and heiring preiching. Mononday the first of Aprile, thay marchit touardis Innervrie, tuo myllis distant, whair thay stentit thair pavilionis that nicht. The Marques of Huntlie, heiring of thair marche, wnderstood certanlie thair cuming wes for him, (as it wes indeid) and to bring ANNO 1639 157 him perforss to thair opinioun. He considderit the tyme, and saw he could not mak his pairt good, and that he had gottin no help fra the King as wes promesit, resolvit suddantlie to tak the best courss llis resolution. for him self, to saif his honour, his houssis on spolzeit, and his freindis and seruandis on plunderit. And heirvpone, vpone the foirsaid first of Apryll, he sendis Mr. Robert Gordoun of Straloche, He sendis tuo commis- and Doctour Gordoun, phisitian, induellar in Abirdein, to Innervrie S10neris t0 the C!,m P- to the camp, befoir thay sould marche farrer on, and speik with the Erll of Montross, Generall, and to desyre him to cum, ellevin and him self, with ane suord at ilk manis syd, bot ony moir armour, at He meitis with the ane Spar mvre neir to Blakhall, tuo myllis distant fra the camp, * e >> eraI1 -- tlK - man " r J I 7 and number now tnaj whair the Marques of Huntlie sould meit him with the like number met - and single suordis, to the effect thay micht confer togidder vpone this bussiness. The Generall wes content (be advyss of the nobles Felt Leslie and vtheris and Felt Marshall Lesly, and vtheris, capitanes in the camp) to consentls meit the Marques the 4th of Aprile nixt, being Thuirsday, place and maner befoir specifiet, sie moir, folio 99. a Vpone the first of Aprile, governour Kingorne directit to Old The Marquess . pos Abirdein 20 mvskiteiris to tak ane of the Marques of Huntleis fut Abirddn. 1 " 1 postis called Jacques, who wes presentlie cum fra the King with letteris to his maister. He is had to Abirdene and wardit in the tolbuith ; of whome ye sail sie more, folio 105. Vpone Tuysday the 2nd of Aprile, governour Kingorne causit T he tounes ordinance transport tuelf peice of ordinans pertening to the toune, from af the '*° to M;<1 " schallls calsey, and carie thame in to the Erll Marschallis cloiss, and anent his yet. Vpone this Tuysday, word cam to Abirdein that Dumbreton, the Lmmbreton is takin i,, Kingis houss, wes takin in be the covenantees by ane prettie slicht, by a sllcht ' whiche wes thus. The capitane thairof called Steuart, a religious The maner how. gentilman, trew to the King, hapnit vpone ane Sonday to go heir deuotioun at ane churche without the castell, feiring no evill nor danger ; bot he is suddantlie takin by the covenanteris, who wes a The meeting had been arranged to be held at Lowesk, in the parish of Rayne, on the old highway from Aber- deen to Strathbogie ; ' but when Huntly cam ther he chaunged his resolution, and rode forduards to Innerowrye: and the treaty was holdne ther twixt him and Montrose, hard by the covenanters quarter.' (Gordon's Scots Affairs, vol ii., p. 230. Note). 158 MEMORIALLS OF THE TRUBLES laid for him. He is compellit to cast af his clothis, whiche wes schortlie put vpone ane vther gentlemen of his schape and quante- tie, and he pat on his clothes vpone him agane. Thus, apparrell interchanged, thay commandit this capitane, wnder pane of death, to tell the watche word, whiche for feir of his lyf he treulie told. Then thay go in the nicht quyetlie, on sein he the castileans, and had this counterfut capitane with thame, who cryit and callit hy the ir is takiu in by the watche word ; whiche hard, yettis ar cassin wp, in gois thir cove- nanteris with gryter pouer nor wes within to defend, takis in this strong strenth, manis and fortefeis the samen to thair mynd. The noyau omamentis The Kingis houss of Dalkeith wes also takin in by the covenant- takin be the covenanteris er j g . QU ^ 0 £ ^ e wn i cne tbay took the royall ornamentis of the croun, out of Dalkeyth, and ' » » had to the casteii of s j c as croun, suord, and scepter, and had thame to the castell of Edinhrugh. _ . . Edinbrugh ; quhilk castell wes also takm in be thame, sie befoir, folio 52. Thir royall ornamentis wes convoyit befoir and hiddin in Dalkeith. Ane committe holdin Vpone this same Tuysday and second of Aprile, thair wes ane committe holdin within the Grey freir kirk of New Abirdein, be governour Kingorne, the maister of Forbes, (who cam for that pur- poiss fra the camp) the lairdis of Auldbar, Benholme, Dun, Leyis, with sum vtheris. Mr. Dauid Lyndsay, persone of Belhelvie, wes said to be moderatour of this committe. To the whiche committe, The principal of the vpone the 24th of Marche abefoir, wes summondit, in name of the an'd^embers ' uiaSo™ assemblie and moderatour, the principall of the Kingis College of doctoris and i ministeris, ^uld Aberdein, the four regentis, canonist, doctourof medicyn, ciuilist, ar suniraondit to com- o ' J 7 1 peir befoir this com- sacrister, chantour, foundit memberis thairof, as also the haill doctoris mitte and ministeris of Abirdein, sic as Doctour Johne Forbes of Corss, pro- fessor, Doctour Leslie, principall foirsaid, Doctour Scrogie, minister at Auld Abirdein, Doctour Barron, Doctour Sibbald, Doctour Ross, thrie ministeris at New Abirdene, togidder with all and sindrie The rest of the ministeris within the province or diocie, who had not as yit sub- ministeris of the pro- . ., ,, . . . ., , , „ . ., vince war also summon- scrivit the covenant, to compeir vpone the second day of Apnle vtheris barronis, thairefter, within any of the Abirdeins whair it suld happin the burgessis, and gentrie, moderatour and his assessoris to be for the tyme, and thair to who had not subscrivit " the covenant, war sum- wnderly sic censur, and with certificatioun, contenit in the princi- pall summondis. Thus war thay summondit to this foirsaid second of Aprile, bothe churchemen, nobles, barronis, burgessis, and com- ANNO 1639. 159 monis. Whairvpone the prouest, balleis, counsall, and communitie The prouest, balleis, of Abirdein, (who had stiflie stand out befoir) curais now in perforce, ™h d^V^n. ("so mony of thame as war at hame and not fled) diuerss of the l s "' ie , and cum - \ J ' ]U,and subscnves. ministrie of the diocie, gentilmen, and vtheris cumis all in throw plane feir and perforce, and humelie subscrives and sweires this covenant, albeit thay had suorn the kingis covenant abefoir, thay be thair gryte aith sueir to byd be this covenant now subscrivit. The ministeris of Abirdene wold not cum in vpon no condition to sub- Doctour Barroun, Pro- .... . . . » - T7** * fessor Forbes, Doctour scrive this covenant ; and the principall and memberis or the Kingis sibbaid, Doctour ross, College wes not at this tyme callit, and nothing done aganist thame. thKe 0 min^s°tert— D 0 c-'' e This committe sat Tuysday, Wednisday, Thuirsday, Frydd^y. tKjSL. Thay contynewit sum bussines to the 16th of Aprile, being ane pro- abefoir. sie folio ». . . . . 1 bot the vther thrie had vinciall assemblie; and so this committe dissoluit, refering the rest not, nor wold not sui to this provinciall assemblie, to be holdin at Abirdein the foirsaid ThT principal 11 and 16th of Aprile, sie folio 104, of ane committe holdin the 10th of '^coZtTJaLh^ Aprile, in the said college. Vpone Wednisday the 3rd of Aprile, the governour Kingorne mventar takin of the causit tak wp inventar of sic goodis and geir wes within the laird dei'iirhouM?anTthe of Petfoddellis hous, alsweill pertening to the laird himself, as that keyis redeliver^, whiche the Marquess left behind him at his removing thairfra. And inuentar being takin, he causit redelyver bak agane to the ladie Petfoddellis hir keyis, whiche he had takin abefoir, but ony more molestatioun, hurt, or preiudice to sic goodis as wes thair, ather be- longing to the Marques or to hir husband. The same Wednisday the governour foirsaid causit quarter the o. dour givin for quar- toune of Abirdein, and commandit the prouest and balleis to sie the ^"bak^euming of the samen done, to the effect knouledge micht be had how the army at arm *- thair bak cuming sould be sustenit. Thuirsday the 4th of Aprile, the laird of Auldbar with sum oidtoun armis piundent soldiouris cam over fra the toun of the Oidtoun, and haueing; gottin J?' restoirit bak ' «« e P« ' O o 10 mvseatis. knouledge that the people had hid sic poor armes, as thay had, from this army, within sum of the kirk voltis, he maisterfullie took the keyis and mellit with the armes ; bot thay war restoirit bak agane except 10 mvskatis, sie folio 100. And in the meintyme, sum of his rascall souldieris began (whiche The bischopis houss none did befoir) to abuse the bischopis staitlie pallace, and spoilzie abuslt the samen, aganes Auldbaris will and commandment, sie 100. 160 MEMORIALLS OF THE TRUBLES Thay lichtit am' con ferrit togidder, bot nothing: endit. Thay took to be ad- vysit, and partis. The maner of meiting Ye hard befoir, folio 98, of ane meiting drawin on betuixt the °nd Ul Generaf a MonVroiss Marques of Huntlie and Generall Montroiss. The 4th of Aprile T P nk Ui ' sday the 4th ° f bein S Thuirsday, the Marques cam, ellevin and him self, with onlie suordis be thair sydes, quhairof the Lord Oliphant and his sone James, Lord Aboyne, wes tua. The Generall in like maner met him at the place apointit, with ellevin and him self, in lyk armes, quhairof the Lord Elcho and Lord Covper wes tuo. Efter saluta- tiounis thay lichtit fra thair horss, and vpone foot fell to confeir- enss, bot nothing wes endit ; yit both took to be advysit whill the morne. Thay partit, the Marques rode that night, tuo myllis fra Pet e ca"^eftlr S supper- the cam P> to Leggitsden, whair he sovpit, and went all nicht to Pet- the generall to the camp, capple to his bed, and the Generall returnit bak to the camp, with- out whome he could do nothing, and so had thair advyse. Thay meit again— con- And vpone the morne, being Frydday, and 5th of Aprile, the ditiouns past, and sub- -tit • ai i i r n • • i i • he the Marquess, saidis lordis met agane in the same place, and form ioirsaid, quhair it wes said the Marques past sum conditiouns in wreit, obliging him to stand to the Confessioun of faith maid in anno 1580 and anno 1581, and that he wold defend the King, the religioun, lawis, and liberteis of the kingdome to his pouer ; that he wold do his best to caus his freindis, men tennentis and seruandis, subscrive the cove- nant, vtheruaies to behold thame. Thir wes the conditionis, as wes alledgit, quhilk the Marques subscrivit and deliuerit to the Generall. Thairefter thay pairtit in peace without dissimulatioun, as wes thocht. The Marquess went not neir the camp, bot straight to Strathbogy, and the Generall rode cloiss to the camp, quhair, efter consultatioun, thay war weill pleissit, and he praisit for his panes, sie more, folio Vpone the samen Frydday, and 5th of Aprile, the lairdis of Ben- holme and Auldbar cam over out of the Newtoun to Old Abirdein, accompaneit with soldiouris and mvskiteiris. Thay first hard de- uotioun ; Mr. James Martyne, minister at Peterheid, being with thame, preichit in the Oldtoun kirk, vpone the last verss of the 28th psalme. He labourit to condempne episcopacie, and to persuad the people convenit to subscrive the covenant. Sermon endit, the saidis barronis, the said minister, with sum vtheris, went to the con- sistorie hous, whair the Oldtoun people also flokkit ; and albeit the most pairt of thame had subscrivit the Kingis covenant abefoir, yit Thay pairt iu peace. The Marquess rod^- to strathbogie, and the Generall to the camp, quhair lie was praisit for his panes. Benholme and Auldbar with mvskiteris, cumis over to the Oldtoun. .Mr. James Mairtyne teichit. persuading the people to subscrive the covenant. ANNO 163!). 161 for plane feir of truble, and plundering of thair goodis, being king- The oidtoun peopiii less, helples, freindles and moyanless, thay subscrivit over agane ^covenant. 6 ' this thair covenant. Thir tua barronis, with the said Mr. James Martyne, subscrivit the samen first. Thairefter Mr. Thomas Sandi- landis, commissare of Abirdein, and Mr. James Sandilandis his brother, commissare clerk, and all the rest of the Oidtoun follouit. This being subscrivit, the laird of Auldbar gave bak to thame the umh armes' , . ! • i - key of the voltis quhair thair armour lay, that ilk man micht mvscatis - receave bak his owne ; sua that thair wes onlie ten mvscatis wanting, convoyit away be Auldbaris soldiouris. In the meintyme, thir rascall soldiouris fell to agane abuse the T ' ie , fo 1 * 0 ""* abusi f * ■ ' ° the bischopis liouss, hot bischopis pallace, enterit the yettis and durris, and began to spolzie ai ^tayit. the samen; bot indeid Auldbar himself (aduertesit thairof) went him self and chaissit thame away, so that thair wes no wrong done that day. Thairefter the lairdis of Benholme and Auldbar, with T1,ay rtturne with » ' maister Mairtyne to thair soldiouris, and Mr. James Mairtyne, returnit bak agane to the Abirdein. Newtoun, bot ony moir skaith. The samen Frydday, and 5th of Aprile, word cam to Abirdein that the Marquess and the army had satled and endit, chargeing thame to mak proclamationis throw the toune for prepairing of Prociamatiouns to pre- . pair lodging to the lodginges, roumes, and intertynnement to the army, vpone thair army, owne expenssis ; quhilk wes done be the prouest and balleis at the governouris command. Thus, vpone Setterday the 6th of Aprile, the army liftit thair The army urns t hair camp fra Innervrie, and began to marche touardis Abirdein. Be p- the way, thair cam and met the army tuelf hieland men, who de- 1 Argy11 l en ^ is ™ en a Jf 1 lis J ' ' his good brother the clairit to the Generall that the Erll of Argile, thair maister, had Marquess, to assist this send out of his countreis 500 men weill armit, in hieland fashioun, 12 hieland men cuius to • ,i ., -i i . , i • •. . the generall, thair coro- with capitanes and commanderis, to attend thair seruice and seruice niissioun. of him self as Generall. He receavit thair commissioun gratiouslie, thankit thair maister the Erll of Argile, and directit thame to go n e thankis Argue, and sorne and leive vpone the landis and bestiall pertening to the laird iei°evpone {h^LaM of Drum and laird of Petfoddellis, and to hold thame togidder on ? r "™" 1 1 , andis ' and 3 , lss 7 O Petfoddellis ground, to seperat or brokin, and to duell vpone thir menis meins and vpone 1,old thame togidder whill forder aduertis- thair ground whill forder aduertesment ; forbidding thame expreslie ment, and not not to cum neir Abirdene at this tyme, becaus the army wes pre- sentlie going thair thame selffis to be quarterit. Thus, the gentle- 102 MEMORIALLS OF THE TRUBLES Tlie 12 gentlemen re- turnit with thair ansuer, and obeyit directioun. The General] plunderit Kemnay. Mr. Alexander Keid plunderit. Pitmeddenis ground plunderit. Thay are forsit to cum in and subscrive the covenant. The army cumis to Abir- dein. The nobles ar lodgit, and the rest quarterit. Littili pay is maid. The cartowis stayit. The bischop of Morray is feirit. He manis his houss, but did no good at last. men returnit to thair hieland company with thair directionis, whiche thay took in good pairt, and leivit lustellie vpone the goodis, nolt, scheip, cornes, and victuall of the ground aboue specifeit, to the gryte hurt and wrack of the countrie people, for thair maisteris causs, being grite antecovenanteris. And as this Generall had directit thir hieland men to do, richt so him self did, dureing the space his army wes lying at Innervrie ; for thay plunderit fra Thomas Crombie of Kemnay out of his ground, as ane antecove- nanter, about 22 scoir bollis of victuall, whiche he had laid wp in stoir within his girnellis of Kemnay. The Erll Marschallis men of Skeyne and Kintor wes bussie at this plundering with the rest of the soldioris, and it wes sold good cheap at sex s. 8d. the boll, becaus thay could not carie it with them. The Lord Erskyne causit plunder fra Mr. Alex r R,eid sex scoir bollis victuall out of the landis of Kildrymmy. The laird of Pitmeddenis ground of Bar- rache, and sindrie vther pairtis in this countrie, and about this tyme wes pitifully spolzeit and plunderit ; quhilk maid thame all to cum in and subscrive the covenant, albeit thay had subscrivit the Kinges covenant abefoir, and glaid to obtene the Generallis protectioun to saif thair ground from ony forder molestatioun. Aluaies the army marchis on and cumis to Abirdein the foirsaid Setterday afoir evin, and went not to the lynkis to byd, as thay did at thair outgoing. The Generall him self, governour Kingorne, and rest of the nobles, war all weill lodgit in Skipper Andersonis houss. Felt Marshall Leslie wes lodgit in Patrik Lesleis hous. The rest of the army, according to thair rank and place, wes quarterit and weill servit. Bot litle payment wes maid thairfoir, becaus the Generall com- mandit the prouest and balleis to mak provisioun, and to pay the people for the samen, quhilk thay did not, to the hurt of sindrie honest people, who had maid the furneshing out of thair owne pvrssis, and gat no payment from the prouest and balleis, as said is. Aluaies, directioun wes givin to stay the tua cartowis, quhilk wes cum no forder nor Halkertoun, on cum farrer northe. The bischop of Morray feiring that this army sould cum also to Spynny, had befoir hand manit and fortifeit the samen stronglie, for his owne defenss ; whiche also wes bot follie, and turnit to nocht, as heirefter ye may heir, folio . Bot at this tyme, fra thay gat ANNO 1639. 163 the Marques of Huntlie, thay comptit not for him, bot beheld him keip his houss. Aluaies, the haill remanent bischopis and archibischopis (except The rest of the Mschopis the archibischop of Glasgo, who wes old and tender, keiping his bed, cept sum few. ' and Mr Johne Abernethie, bischop of Caithness, who had dimittit his bischoprik and disclameit the samen) wes forsit to flie Scotland, and go into the King to England for thair saiftie and protectioun ; exceptand also the bischop of Dunkeld, who disclameit lykuaies episcopacie, and yeildit to thir assemblie actis, sie folio 115. About this samen tyme, and moneth of Aprile, of thair flicht, the The bischop of Ro« wyf . . gois to bir brother. bischop of Ross wyf fled hir duelling hous in Channonne, for plane feir, and went to Mr. Alex r Innes, minister at Rothimay, hir awin brother, and duelt and remanit with him a while, whill hir husband sent for hir, sie folio Efter the Marques meiting with the Generall, as ye haue hard, The Marquess freindis many of his freindis, sic as the lairdis of Geicht, Haddoche, New- "nd subscribe" fhecov* toun, Foverane, Petmedden, Harthill, and diuerss vtheris cam in nant perforce, seing no help nor releif, and subscrivit the covenant, who had subscrivit the Kingis covenant abefoir. Bot the feir of this army, nor na vther thing, culd move the laird Banfstandisoutstoutiie. of Banf to cum in and subscrive this covenant, bot stovtlie stood out the Kingis man, for the whiche he payit for all, sie heirefter, folio About this tyme Donald Farquharsone of Tulligarmouth, bailie of Glenkindie plunderis the Marques landis of Strathavan, haueing gottin sum muscatis, ar^fraMsme" 0 " 11 * pikis, and vther armour fra him, whill as he wes in Abirdein duell- ing ; and his seruandis bringing the armes out of Abirdein hame to him at his directioun, Alexander Straquhan of Glenkyndie, a gryte covenanter, maisterfullie took thame be the way, quhairat the said Donald took heiche offens, and repairit him self heirefter, as ye may H <^ repairis himself sie, folio Thair wes also takin be the covenanteris, about this same tyme, Marschaiiis men piun- cei'tane carabinis, muscatis, pikis, corslettis, and ammvnitioun, per- frmt s tlie Lorfl ° f R ais tening to the Lord Rea, and takin out of ane bark hapining be chance to cum to Peterheid, as scho wes careing thame to Strath- naver to the said lordis countrie. The maister of Rea being in this The Maisterof Reacom- countrie, and heiring of this wrong, went and told the Erll Mar- plams ' 164 MEMORIALLS OF THE TRUBLES. schall how his fatheris armes war plunderit in his boundis be the n< ge«s ane cold an- covenanteris. The Erll gave him no contentment, bot seimit to allow the samen wrong, saying his father wes not ane good cove- nanter, whiche maid this fault. Aluaies, when the countrie turnit peciabill, he sould caus restoir thame agane. The maister of Rea took his leive with small contentment. Ye hard, folio 101, how the army returnit to Abirdein vpone Setterday the 6th of Aprile. Vpone Sonday the 7th of Aprile, de- Noiv strange ministeris uotioun be stranger ministeris throw all the pulpitis of New Abir- teichis in the pulpitis of,. , n ■ • ■ i ni i \ n 11 i Abirdein. dein ; (seing thair owne ministeris wes tied and gone) the nobles and The churchis ar tillit. vtheris fillit the churches. Efter sermon, intimatioun wes maid of intimatioun is maid of the sentens of excomvnicatioun pronuncit be Mr. Alex r Hender- the excomvnicat , „ - i *i • i * n buchopis. sone, moderatour of the assembhe, aganes the archibischopis of Sanctandrois and Glasgow, the bischopis of Edinbrugh, Abirdein, chargeing not to heir Galloway, Ross, Dumblane, and Brechin, chargeing all man not to thame to preiehe. . , . ... , . . , heir thair preiching, nor beir thame company, wnder panes of censur of the kirk. The like intimatioun Mr. Patrik Leslie, minister at Skeyne, (Doctour Scrogie being Kirk. at the oun fled and obscure) taught this samen Sonday in the Oldtoun, and maid the lyke intimatioun out of pulpit of the sam sentences. a new muster. Mononday the 8th of Aprile, the Generall took wp a new muster The waikiingis is dis- of his army in the linkis. Sum waik persones gat leive hame. Both oid Abirdein is now New and Old Abirdeins is now quarterit, and the poor bodies of the quartern, bot getis „o Qldtoun gat no payment for sic soldiouris as thay receavit. sindrie cums out of the Vpone Tuesday the 9th of Aprile, the Erll of Seafort, the maister north, sic as seafort, 0 f Lovat, the Laird Inness, the prouest of Elgin, and diuerss the maister of Lovat, w , . the Laird of Inness. and vtheris barronis, cam out of Ross and Morray, about 300 weill diuTrsfbarr^rcamto horsit gentilmen, to salute the army at Aberdein, and to offer thair Abirdein to salute the army. Thay war maid service. Thay war maid welcum, and stayit whill the 13th of hame" 1 ' sy " e retu,nit Aprile, syne gat their leive, and thay returnit home but more im- ployment. Fast keipit in New Wednisday, 10th Aprile, ane solempne fast keipit throw New Abirdein. bot none in . /-.•, -i.,.-!. n t\ , o i oid Abirdein. Abirdein (bot none in Old Abirdein, tor Doctour Scrogie durst not be sein). Both befoir and efternone thair wes preiching and pray- Mr. Robert Douglass eres. Mr. Robert Douglas, minister at Kirkcaldie, teichit befoir He^red out the covenant, none. Efter sermone he red out the covenant, and causit the haill tounes people convenit, who had not yit subscrivit, to stand wp ANNO 1639. 165 befoir him in the kirk, both man and woman, and the men sub- Both man and wife scrivit this covenant. Thairefter, both man and woman wes vrgit tosueir a,,d subst "- to sweir be thair vpliftit handis to God, that thay did subscrive and sweir this covenant willinglie, frielie, and from thair hartis, and not for ony feir or dreid that culd happin. Syne the kirk scaillit and dissoluit. Bot the Lord knowis that thir tounes people wes brocht wnder periurie for plane feir, and not from a willing mynd, by tirrany and oppressioun of thir covenanters, who compellit thame to sueir and subscrive, suppose thay knew it wes aganes thair hairtis. Aluayis, brave Abirdene is forsit to obey, notwithstanding thay Ablrdene per force had small assureans of the army or good Argiles Hieland men, bot obeTis - thair goodis micht be plunderit, the best quhairof thay cannelie COn- Thay convoy thair voyit out of sicht. So all subscrivit and sweir within the toune of g0 ° 1S0Ut ot the way- New Abirdein, except sic as wes happellie out of Scotland. The Kingis covenant and the countrie covenant wes thocht to be The difference betuixt agrieabill in termes, except the countrie covenant abolishit bischopis, Bnltto^^utrie'co've- and the Kinges covenant approvit the samen, as his Majestie al- I "" t ledgit, sie heirefter, folio , anent this covenant. Vpone the foirsaid tent of Aprile, the Marques of Huntlie with The Marquess of his tuo sones, the Lord Gordoun, and Lord of Aboyne, cam fra Huntlv cuniis 10 Abir - , # " dein contrair his Strathbogie about 40 horss, sore aganist his freindis will, to New freindis will. Abirdein, and lodgit in the laird of Petfoddellis houss ; bot whidder He lodgis in Petfoddeiiu it wes commount betuixt him and Generall Montroiss at thair con- h " uss It is doubtit how he feirences, that he sould cum in to the toune and viseit him, or that cam in. he wes writtin for be the Generall to cum in I know not ; bot it wes most constantlie reportit he wold not haue cum bot vpone the Generallis letter. Howsoeuer it wes, he cam as is said befoir. Vpone the morne, being Thuirsday, thair wes ane counsall haldin x , . , Ane counsall haldin. and amongis the nobles, barronis, and vthens, who also send for the the Marquess is sendfor. Marques, who cam ; and efter sum consultationis this counsall The CO unsau dissoiues, schortlie dissoluit, and the Marques returnit to his owne lodeinsr. antI lhe Mar diking vpone his refusall to haue maid ane ground and querrell to haue takin him south, resolvit vpone ane vther ANNO 1639. 169 courss, to draw him wnder brak, whiche with ressone thay could Resoiuis vpone vther onnawayes bring to pass. And first the Marques haueing mynd of grounds no evill, the Generall causis set strait watches at the foir and bak Tliay vtatche his lodging yettis of his lodging, and at the stable durris whair his horss stood, an stab es ' with mvskiteiris, to the end the Marques micht not ryd (as he in- tendit vpone the morne home to Strathbogy) quhairof the Marques had no knouledge whill vpone the morne. Aluaies, the Generall and the nobles, vpone Setterday the 13th of The generall sendis fur Aprile, in the morning, send in tuo noble men to the Marquess lodg- ""' Marque8Si ing, desireing him with his tuo sones to cum in to the Erll Marschallis houss and speik with the Generall. The Marques wondering at the He rums out, wonderis watching of his lodging, and now sending for him efter he had takin at the watc e - his leive in freindly forme the night befoir fra thame, and told he wes to ryde home vpone the morne, as I haue said ; aluaies he with his tuo sones gois in to the Erll Marschallis lodging, meites with the MeMs with the generaii Generall ; and efter freindlie salutatiouns, the Generall beginis to mak wp a new ground of ane querrell, and sayis to the Marquess, He beginns vpone ane " My Lord, I wold desire you to contribute to pay Williame Dik ne " quarre 200,000 merkis, quhilk is borrowit fra him for lifting of this army to cum north." The Marques ansuerit, he wes not oblegit to pay ins demandis most ony pairt thairof, becaus it wes borrouit, wairit, and imployit but >must ' his advyss or consent, and that he had spendit alss mekill in this bussines, for his awin pairt, as any nobill man in the land had done, out of his awin pvrss. 2. He desyrit him to tak James Grant, Johne Dvgar, and thair complices, rebellis, bloodscheddaris, and murtherares, and gryte trubleris, sorneris, and oppressouris of the countrie people. The Marques ansuerit, he boor no publict office, nor had commissioun to that effect; quhilk albeit he had, James Grant had gottin the Kingis remissioun, and so could not tak him ; and as for Johne Dvgar, he wold concur with the rest of the countrie to tak him, as he wes imployit. 3. He desyrit him to agrie with the laird of Frendracht and tak him by the hand, becaus the covenant admittit no hatred nor feid to stand on reconceillit. He ansuerit, quhat he had subscrivit to the Generall onnawayis oblegit him to tak Frendracht be the hand, nor wold he tak him by the hand vpone no conditioun. The Generall haueing vsit and pro- ponit thir friuolus petitionis, and getting sic reasonable ressones as ressonabie^ns^eris. 170 MEMORIALLS OF THE TRUBLES he could not weill eschew, he then brakis wp the thing he maist ernestlie wold haue bein at, (whiche wes the Marquess him self), The generaii changes an( j changeing his purpoiss sayes, " My Lord, seing we ar all now He vrgis the Marquess freindis, will ye go south to Edinbrugh with us 1" He ansuerit, he mfansuer! wes not of sic mynd, nor wes he prepairit to go south at this tyme, becauss he wes going home to Strathbogie. The Generaii said, He is moir vrging. " Your Lordschip will do weill to go with ws." The Marquess, seing The Marquess ausuer. his purpoiss, ansuerit quiklie, " My Lord, I cam heir to this toune vpone assureans that I sould cum and go at my owne plesour, but molestatioun or inquietatioun ; and now I see by conditioun my lodging wes gairdit, that I could nocht cum out nor in, and now, by my expectatioun, ye wold tak my self, who is heir, and biddin heir with your Lordschip in quyet maner, mirrie and glaid, and carie me to Edinbrugh whidder I wold or not. This, in my sicht, He getis his baud bak. seimis not fair nor honorabill." Aluayes, sayes he, " My Lord, give me my band quhilk I gave yow at Innervrie, and ye sail haue ane ansuer ;" quhilk the Generaii obeyit, and deliuerit to the Mar- quess. Then he said, " Whidder ye will tak me with you south as ane captive, or willinglie of my owne mynd." The Generaii an- ue gois direetlie south, suerit, " Mak your choiss." Then said he, " I will not go as ane captive, bot as ane volunteir ;" quhairvpone he cumis to dur, and haistellie gois to his owne lodging, whair he findis the samen straitlie gairdit with mvskiteiris. Aluayes, he gois in and sitis First he brakfastis. doun to brakfast, sendis post efter the laird of Cluny to stay his Postis efter the Laird . , ii.ii.li ci ni» i <■ of cluny. journey, as ye haue hard, so that he went no tarder nor Edinbrugh. Sum of the Marquess freindis thocht hardlie of his going south, without sum hostage left behind for his saif returne ; bot the no hostage cuid be Generaii, being spokin, refuisit to grant ony hostage. Thus is this gryte and michtie Marquess, gryt and egregious Erll, lord liveten- nant of the north by his Majesteis authoretie, a man of singular The Marquess evill vsit spirit and courage, of gryte freindschip and fair commandiment, subiec S tis n ehtbour brocht wnder thir straites and hard conditionis by his neighbour subiectis, for being ane loyall subiect to his maister the King; sie folios 111, ii2, ii3, whiche vtheruayes I hope thay durst not haue haserd to interpryss Trlir order and vsage of be thair awin strenth, and following in thir quarteris. Aluayes, he first wes forsit to tryst and give his band at Innervrie, then intysit to cum quyetlie to Abirdein, his lodging gardit, him self ANNO 1639. 171 wnder trust takin, as ye haue hard. All this he wes drawin to suffer and behold most patientlie, for the love he careit to the He has patience perforce- King his maister, his kin, and freindis. Cheiflie his deir children His freindis and children , . . _ _ , _ , a ar sorrowfull. wes grevouslie offendit therat, to sie him takm fra his freindis and had to Edinbrugh amongst his enemeis, who neuer lykit his houss nor standing. What suld moir ; efter brakfast, the Marquess with He maki* him reddie his tua sones, the Lord Gordone and Lord Aboyne, makis thame reddie to go. a In the meintyme, the Generall causis restoir to the prouest and The generall restoiris balleis the keyis of thair portis, tolbuith, and kirkis, with thair > m Item, tour lead and ane burding of Distemper, from 1639 to 1649,' p. 16. peatts to thame, . . . 0 10 2 b The following items were paid on Item, four leads of stray to thame 0 12 0 account of the " Argyll men : " — (Dean of Guild's Accounts.) 172 MEMORIALLS OF THE TRUBLES Thay keip company day. Mononday, thay rode togidder, and keipit still company whill E U u Vnb,ugh y cam *° thay com to Edinbrugh, quhilk wes vpone Frydday the 19th of Aprile, as ye may sie, folio 1 12. No coinuuioun givin at Sonday, 14th Aprile, and pash day, Mr. Thomas Mitchell, per- Doctour scrogy fled. sone °f Turref, preichit heir in Old Abirdein, Doctour Scrogy, our owne minister, being fled, bot no comvnioun wes givin, as wes laitlie vsit. Vpone Mononday, 15th Aprile, according to the Generallis direc- tioun, as ye haue, folio 105, Abirdein directit Johne Hay, Mr. Ro- bert Farquhar, George Morisoun, and Mr. Thomas Gray, commis- Commissioneris send SlOneriS for the said brughe of Abirdein to the Grein Table, to fra Abirdene to the -i i i i i j i • ■ ji • n o Grein Table. wnderly and abyde than* censur anent the paying of any sic tyne as thay sould be inioynit, for thair outstanding aganes thame and thair To heir and sie than- covenant, and byding be the King and his covenant. Aluayes thay £arWs UhUk iS in ' U0 and wes ordanit to pay 40,000 merkis of fyne, to set caution, or re- and to set cautioun for payment, or remane in Edinbrugh whill it qumn 'payment*™ 611 sou ld be payit, whairvpone thay remanit in Edinbrughe whill ordour suld be takin thairwith, sie folio 123. a... provinciaii assem- Vpone Tuysday, 16th Aprile, ane provinciall assemblie holdin in Ab>rdet din in New New Abirdein, bot not in the College Kirk of Old Abirdein as thay Mr. Dauid Lyndsay sat befoir, becaus it wes ane bischopis seat. Mr. Dauid Lyndsay, Th^mi'n^teris of Abir- persone of Balhelvie, wes moderatour. The roumes of the absent Swell*' PlatCS t0 be ministeris of Abirdein who wes fled, sic as Doctour Sibbald, Doc- tour Goold, and Doctour Barroun, professour, wes ordanit to be suppleit, and the toune to be servit be vther ministeris within the presbitrie whill the nixt subsynod, to be haldin the 16thofMaij, Sync disssolues. that these placeis micht be fillit. Thay dissoluit the 17th of Aprile, sie folio . TheLordoboynisstayit Vpone the foirsaid 16th of Aprile, the Lord Oboyne being going 'i'IIi-TT'i.. ""r-m»'" i,t 80utn to his father with moncyis, as ye hard, and sitting at brakfast Haddoche,Foverane. in Percok, thair cam to him the laird of Banf, (who neuer wold yeild), the laird of Geicht, the laird of Haddoche, the laird of Fove- rane, and diuerss vtheris of his kin and freindis, who had subscrivit the covenant abefoir, as ye haue, folio 102, and declairit plainlie he sould not go south, bot byde in this countrie, now left heidles, and it wes over soi'e ane pledge to haue both his father and brother south at the Grein Table alreddy. The Lord Oboyne (as the ANNO 1639. 173 draucht wes drawin) yeildit to thair desire, and turnit bak to Strath- He returnis to btratli- bogie agane with his fatheris trvnkis, with resolutioun to go to- ^ay resoiue to t.yd gidder for defenss of thame selffis and thair frendis at all occasionis. t, « ldaer - Bot this plot did no good, bot bred mekill sorrow, as ye sail heir. Vpone the 18th of Aprile, Doctor Forbes of Corss, heiring of Doctour Forbes re- the contynewatioun of the committe, returnit bak to his owin hous t,irn ' h - ""' P re,ch,s - in Old Abirdein, and preichit vpone Sonday thairefter in the same toune peciablie, who had fled the toune and bein absent since the 28th of Marche, sie befoir, folio 95. a Word cam that thair wes ane committe to be haldin at Turref Ane committe to be vpone Wednisday 24th Aprile, be the Erll Marshall, the Erll of ha ' din at Turref Seafort, the Lord Fraser, the maister of Forbes, and sum vtheris, with thair kin and freindis ; to the quhilk meiting wes warnit to sicashadnot subscrivit cum all sic persones within this diocie as had not subscript thair ^compeT^er" 8 ™' covenant, and thair subscrive the samen, wnder the pane of plun- r lunderin e- dering. The like pane wes never givin out befoir by any King of this kingdome, bot now begvn be subiectis vpone subiectis, but auchtoritie. The Lord Aboyne and Banff, with the rest of bis kin and freindis Aboyne and Banf who had not subscrivit, heiring of this charge wnder the pane of charge! ha ' e ° f * h S plundering of thair houssis, rentis, goodis, and geir, to cum in and subscrive this covenant, thay thocht havie of this charge, and resol- vit to gather togidder for thair awin defenss. So these who had Thay draw to ane heid. subscrivit aganes thair willis, alsweill as those who had not sub- scrivit, flokkit and drew wp to ane heid, as ye sail heir. Quein Mother lyis still in England, vpone the Kingis gryte C^uein mother lyis still charges, who cam thair in November, 1638. ia England No letteris cums fra the King to his loyall subiectis, bot ar in- No utieris going to the tercepted be his rebell subiectis, the covenanteris, and such as ar v- ing u 0r cumin s fr ° m r ' him. bot ar intercepted. send to his Majestie is richt so vsit ; so the King and his subiectis leaves af from more wreitting of missives, and the countrie, who dependit vpone his Majestie, is now left helples and comfortles. Mononday, 22nd Aprile, thair wes ane meiting holdin at Mony- Ane meitiDg at Mony . mvsk be the Erll Marschall, the Erll of Seafort, the Lord Fraser, mvsk the maister of Forbes, with sindrie vther barronis and burgessis of a See Note, p. 151. 174 MEMORIALLS OF THE TRUBLES The committe at Tui - ref is continewit. Thame seltis to meit agane, and so dissoluit. Ane melting at Kintor. >fo committe to be haldin at Turref. Sum mvskiteris cam out of Abirdein. Ane meiting at Abir- dein. Marschall takis in the toun, mellis with the keyis, quarter-it the men, for no payment. Gairdit the portis- is now governour. -he The tounis people is wiry of thir troubles, sum fled, vtheris baid. Ane melting at Turref. Abirdein of the covenant, who, heiring the Lord Aboyns rysing, resolvit to contynew this committe at Turref fra the 24th of Aprile to the 26th of the samen moneth, vpone hope that thair sould cum be that tyme sindrie gentlemen out of Caithness, Sutherland, Ross, Morray, and vther pairtis. And in the meintyme, thay thame selffis to meit agane togidder at Kintor vpone the said 24th of Aprile, and so dissoluit. Vpone the 24th of Aprile, the Erll Marschall, the Erll of Sea- fort, the Lord Fraser, the maister of Forbes, with sindrie barronis and Abirdeins burgessis, met togidder at Kintor, whair it wes con- cludit that this committe to be holdin at Turref sould dissolue, and be not holdin the 26th of Aprile. To this meiting at Kintor, thair cam out of Abirdein about 30 muskiteires with thair commanderis, at thir nobles command, bot thay turnit bak but more ado, feiring the Lord Aboyns pouer and freindschip to gane stand thair com- mitte. Aluaies, it wes ordred that thay sould meit agane in Abir- dein vpone the morne ; so this nicht the Erll Marschall had with him to Halforrest the Erll of Siefort, to byde with him all nicht. Vpone the 25th of Aprile, the foirsaid Erllis, with the Lord Fraser, maister of Forbes, barronis, freindis, and folloueris met agane at Abirdein, to whome cam also diuers vtheris barronis and gentlemen out of Buchane, Mar, and vther countreis about, amount- ing to 1000 men, quhairof thair wes bot about 80 horss men ; and the number of the haill wes about 3000 men. The Erll Marschall takis in the toune of Abirdein at his owne hand, mellit with the keyis of the tolbuith, kirkis and portis, quarterit the men, who wes weill intertynneit bot not weill payit, gairdit the portis, that none cam in nor out by his knouledge, now calling him self governour of Abirdein, his tyme about ; whairat the tounes people becam vexit and wiryit, yea, and sum throw feir fled and left thair lodginges de- solat, vtheris schiftit thair best goodis asyde, with wirie and sorie hairtis, bot patiens perforce. Now, I heir leave thame byding and oppressing Abirdein, and re- turnis to the committe apointit to be holdin at Turref the 26th of Aprile, quhair thair convenit the Erll of Seafortis freindis, (him self being in Abirdein) the Erll of Fyndlateris freindis, the minor Erll of Errollis freindis, wnder the conduct of the laird Delgatie, the ANNO 1639. 175 minor Lord of Petsligois freindis, wnder conduct of Alex 1 * Forbes of Boyndlie his tutour. The lairdis of Inness and Grant cam out of Morray, and thir people in all wes estimat to be about 1600 men; Thair number. bot becaus governour Marschall, the Erll of Seafort, the Lord Fraser, and maister of Forbes wes in Abirdein, and cam not to Tur- reff, this committe dissoluit, and ilk man home, quhairat sindrie This committe or eon mervallit, being the first committe that euer so dissoluit but more resson^why! 80 mt " a " ' ado, sie folio 112. Now the Erllis and Lordis foirsaidis, being in Abirdein at this a ne new committe , , i,i „ • .j.j Bpointit to be at Turref. tyme, as ye haue hard, thay thair apointit ane committe over agane, to be haldin at Turref vpone the 20th day of Maij nixt, and con- tynewit all materis to that day. Governour Marschall causit tak out of the laird of Petfoddellis seller tua bahounis full of pulder, l'ulder takin out of pertening to the Marques of Huntlie. He deliuerit bak the tounes P erteining 1S to" > the Mar- keyis to the prouest and balleis. Sum gat payment, vtheris wantit ^tomis keyis for thair intertynnement, Thuirsday at nicht, Frydday all day, and stoirit - J J . , . . Suln gat payment, Setterday quhill efternone, that thay gat thair leive ; chargeing vtheris wantit. thame be proclamatioun to be in reddiness vpone 24 houris warning. Thay dl,solut The Erll of Siefort that same nicht took his leive also, and went home. The governour removes to Dunnotter, bot sindrie honest The governour g0 is to menis houssis within Abirdein wes robbit and spoyllit, yea, and the AWrdeneh ev-ui vsit. people grevouslie oppressit by louns and lymmaris that cam heir at this tyme. Thus the toune of Abirdein wes blyth to be quyte of them, who Thay ar biyth to be had fled the committe at Turref onlie for feir of the Lord Aboyne, q " yt " °\ * hi . 8 Mengzlf J ' who ilea thair committe aS WeS COnstantHe Spokin. for feir of Aboyne. Vpone Sonday, the 28th of Aprile, Doctour Scrogie teichit in Old DoctourScrogie,andMr. Abirdein, who had leivit in the countrie obscurelie fra Marche, and hoi™' R ° ss returnis now returnis to his owne charge, and Mr. Gilbert Ross to be reidar, sie moir heirefter, folio . Vpone Frydday, 26th Aprile, the laird of Cluny, vpone saif con- The Laird of ciuny duct fra the Grein Table, cam bak to Abirdein, being stayit of his cumis bak t0 Abirdein - journey, as ye haue hard befoir, folio . Governour Marschall yit being in the toun with his army, sendis for him, who vpone writtin He gois t0 Marschalli assureans went and had conferenss ; syne returnis to the Oldtoun, and sho " is ,,ow the * ' Marquess and his son and declairit the Marquess, with his eldest sone, war both wardit in was wairdit, and that he the castell of Edinbrugh, and that he had writtin for his thrie vir- docJe"^" 176 MEMORIALLS OF THE TRUBLES gyne dochteris, Ladie Ann, Ladie Henrietta, and Ladie Jeane, to He gois to the Lord cum to Edinbrugh. He stayit schort quhyll heir, bot rode with Aboyne - letteris fra the Marquess to the Lord Aboyne his son. Aboyne g.owi 3 to ane The Lord of Aboyne and his freindis, heiring of thir meitinges at heid Monymvsk, Kintor, and at Abirdene, and luiking assuredlie that thay sould hald thair committe at Turref, and thairefter plunder the laird of Banf and the rest, who had not nor wold not subscrive this covenant, and to wrak and distroy thair houssis, goodis, and geir ; thairfoir be advyss he growis to ane heid, and convenis of hieland His number and re- men and lowland men about 2000 horss and fut, and resoluit to keip this meiting, or vtheruaies to defend thame selffis from plundering. Livetennant Oovner Liuetennand crouner Johnstoun wes in his company, a gallant Johnstoun. gentilman, who went out of Abirdein with the Marques to Strath- bogie, quhair he remanit during thir troublesome dayis, and whose worthie advyss the said Lord of Aboyne cheiflie follouit. Bot heir- This committe agane i n g this cominitte wes adjornit to the 20th of Maij, thay beheld, bot keipit still the feildis. It wes said, whill as the Erll Marschall and Erll of Seafort war in Halforrest, efter thair meiting at Kintor, the Mr. Robert oordoun. Lord Aboyne wes then in the feildis, and Mr. Robert Gordone of thair training to ntie Straloche, and Doctour Gordoun in Old Abirdein, went to Mar- schall, trauelling for peace and to eschew blood, bot thay gat ane bleat ansuer, and so tynt thair travell, sie folio 118, anent the keip- ing of this committe at Turref. The Marquess lightis at Ye hard befoir, folio 108, how the noble Marques of Huntlie wes !.'ir g n lo ! °rX D b; u a gh hiS trecherouslie had to Edinbrugh. He lodgis at his lichting in his ordinar lodging, weill watchit I warrand you. Vpone the morne, being Setterday, and 20th of Aprile, he with his sone is convoyit wp He and his sone ar both the get, and ignominiouslie wairdit within the castell of Edinbrugh, but ony offence, iniurie, or oppressioun, bot onlie becaus he lovit his maister the King, and wold not follow the covenanteris courss and subscrive thair covenant, quhilk he wold neuer grant to do willinglie ; and thairfoir his nightbour subiectis, but law or auch- The maner bow he is toritie of ane King, at thair owne handis, wold perforss bring him to thair opinioun. And first thay raisit ane army and cam to Innervrie, quhilk he could not resist, nor whome fra he could onna- wayis flie, be sea or land, wes forsit to tryst and give his band, no doubt to thair contentment ; thairefter, wnder trust, takin aganist VSlt. ANNO 1(339. 177 over his will south to Edinhrugh ; and last of all wairdit, as ye haue hard. Thus wes this grite and michtie Marquess, wyss, valorous, and stout, livetennand of the north, broght wnder his fellow sub- iectis obediens, his castell of Innerniss takin be thame, and maister- fullie with haldin fra him, as ye haue befoir, folio 84. The lyk iniureis that noble houss neuer sufferit in ony preceiding aige. Aluaies, he resolues if he could, he wold indure more befoir he His resolutioun. proveit disloyall to his gratious King, and so beheld patientlie. The Grein Table appointit fyve gardianis to attend vpone him and He is gairdit and his sone nicht and day, vpone his awin expenssis, that none sould expenses" cum in nor out bot be thair sicht, sie folio 114. The covenanteris and Grein Table no doubt randerit muche praiss Generaii Montroiss n -hit • t p - a highly exaltit. and honor to Generaii Montroiss and his complices, tor thair panes in bringing Aberdene wnder subiection, and the gryte Marquess of Huntlie to Edinbrugh, quhairby thay lipnit for no moir disobediens in the north; quhairin thay war muche deceavit, and quhairof thay The taking of the Mar- had causs to repent, inrespect of the troubles whiche follouit, and q " ess dld "° s °° d perchans he micht haue stayit, if he had bein sufferit to byd at home, and not to haue bein so vsit ; nowayes tending to his disgrace, bot to the schame and endles indignetie of the devyseris and doeris thairof, sie 114. It is said the King (not knowing of his wairding) send him let- The Kingis lettens ar teris, quhilkis war intercepted and brokin wp by the covenanteris, ,,,terce P ted sie befoir, folio 92, and heirefter, 698. Ye hard befoir, folio 87, of ane proclamatioun set out by his Majestie, at all the paroche churchis of Ingland, aganist his diso- bedient subiectis of Scotland. The covenanteris wreitis out ane ansuer thairto, callit The Remonstrance of the nobilitie, barronis, Ane remonstrance set burgessis, ministeris, and commouns within the kingdome of Scotland, proclamatioun. * Kin ° ,s Imprintit at Edinbrugh be James Brysoun, 22nd Marche, 1639. Be the quhilk thay set doun ane ansuer to ilk particular ressone Thay ansuer iik poynt. contenit in the Kingis proclamatioun, and that thay had done no wrong in thair haill procedur ; and that any proclamatioun maid in England, or send doun heir to be proclameit in Scotland, declairing thame, and the most pairt of the bodie of the kingdome, to be traittouris and rebellis, wes in itself null and vnlauchfull, as done be the King vpone informatioun of wicked and seditious persones, z 178 MEMORIALLS OF THE TRUBLES seiking thair awin endis, without advyss of counsall or parliament, who had speciall enti'ess in declairing of materis of tressoun, and thairfoir had good ressone to stay the publicatioun of sic illegall and vnlauchfull proclamatiouns ; hot I refer my self to this pro- clamatioun and remonstrance, whiche wes printit and maid patent. The Kingis opinioun. Aluaies, the King alledgit he had princelie pouer and auchtoretie to set out the like proclamationis aganes his rebellious subiectis, without consent of counsall or parliament, being a borne monarch, and not ane electiue King, subiect to none bot to the Almightie God ; and alss that he micht, but thair advyss, denunce oppin wair and hostilitie aganes his rebell subiectis, for thair disobedience and His proclamatioua rebellioun. Neuertheles the Kingis proclamatioun is proudlie stop- pit, and stayit from being proclameit, as his Majestie desyrit, lest thairby the hairtis of the people micht be drawin fra thair suorne The Kingis mynd anent covenant, as ye may sie befoir, folio 86. The Kingis mynd wes never to abolishe bischopis, bot treulie to mantane thame in thair roumes, rentis, and digneteis ; and declairit the samen be publict proclamatiouns at the cross of Edinbrugh about this said tyme. Bot the covenanteris compeirit and maid protestatiouns aganis this pro- clamatioun, as contrair to thair assemblie laitlie holdin at Glasgow, quhairby bischopis wes absolutlie aboleissit, and the kirk to be go- vernit by sessionis, presbitreis, provinciall and generall assembleis. No fisher boat to speik About the 28th of Aprile, drum toukit throw Abirdein that no fisher boat suld speik with any stranger schipis that suld cum to the road, whiche wes done be aduertesiment from the Grein Table ; bot no schipis cam at this tyme. Lady Ann, Lady Mononday, 29th Aprile, Ladie Ann Gordoun, Ladie Henrieta, Henrieta, and Lady an( j L ac ji e Jeane, hir tua sisteris, cam fra Strathboeie to Abirdein. Jeane Gordouns, cam to ' ' ° ' Abirdein. and from that (at the Marquess thair fatheris command, who had Rydis to Edinbrugh, send for thame) went to Edinbrugh, and sovpit the first nicht with EM? bofw'fn" thame in the castell. Bot on the morne, the Grein Table causit suffer* to stay with him transport thame fra the castell to thair lodging, and wold not suffer thame to byde besyde thair father, to his forder displesure, and by He is straitiie keipii. his expectatioun when he send north for thame; and he wes over- watchit, so that none of his barnes, nor freind, nor servand culd cum or go bot be advyss of this Grein Table, and still in the mein- subscrivc the covenant, tyme wes delt with be the covenanteris to subscrive the covenant, ANNO 1639. 179 whiche he wold neuer grant to do bot at the Kingis command, as And stni denyis. by a paper set out by him self, callit The Marquess of Huntleis His reply Reply to certane nobilmen, gentlemen, ministeris, covenanteris of Scotland, sent from there associatis to signefie to him that it behoved him ather to assist there designis or be caried to prissoun in the cas- tell of Edinbrugh, the IQth of Aprile, 1639, now publishit, becauss of a falss coppie thairof laitlie printed, without auchtoretie or his owne consent. London, printed by Robert Young, his Majesteis printer for Scotland, 1640. The Marquess of Huntlyis Reply to certane nobillmen, & c. To be your prisoner is by muche the less displeasing to me, that my accusatioun is The Marquess of Huntii" for nothing: elss bot lovaltie ; and that I haue bein brocht into this estait by suche hls ^P'y t0 certane • • -i -ii • i i noblemen vnfair meinis, as can never be maid to ane peer honorabnl m these who vsed them. Where as you oiler libertie vpone conditioun of my entering into your covenant ; I am not so bad a merchand as to by it with the loss of my conssience, fidelitie, and honor, whiche, in so doing, I suld mak a compt to be whollie perished. I haue alreddie givin my faith to my prince, vpone whose heid this croun, by all aw of nature and nationis, is justlie fallin ; and will not falsifie that faith by joyning with any in a pretence of religioun, whiche my owne judgement cannot excuse from rebellioun ; for it is well knowne, that, in the primitive churche, no armes war holdin lauchfull, being lifted be subiectis aganes thair lauchfull prince, though the whole frame of Christianctie wes then in questioun. Whereas yow wold incurage me to be a partaker with you, by your hopes of sup- plie from France, and vther foraigne natiouns, togidder with your so good intelligens in England, as no danger will cum from thens ; let me tell yow, that, in my opinioun, thir ressones ar bot vane, the Frenshe being now more strictlie tyed then befoir to vphold the auchtoretie of our sacrad soueraigne, by a new cimented league of marriage, whairby thair inteirest in his Majesteis progeny will over-ballanss you, though your causs war better. Vther foraigneris ar meirlie vnhabill by there owne distractionis, and the English haue euer bene strong aneuche for ws, when onlie there owne King and not ouris too did leid them. For my owne pairt, I am in your A noble resolutioun power, and resolveth not to leave that foull titlle of traittour, as ane inheritance vpone my posterity ; yow may tak my heid from my schulderis, bot not my hairt from my soveraigne. Finis. Sie, folio 127, moir of the Marques. This reply is daitit the 20th of Aprile, vpone quhilk day he wes The dait of this repw wairdit in the castell of Edinbrugh, as ye haue hard. No doubt £J£t day hewas he wes haistit thairto vpone the sight of this his noble reply, whair- 180 MEMORIALLS OF THE TRUBLES Hisioyaitie to the King, by his loyaltie to his maister the King may be cleirlie sein, his The covenanteris causs taking dishonorable, the covenanteris courss not weill groundit, and thair hopes of help waik and vncertane. Aluaies, I leave this noble Marques still in waird, whill folio . Yit it seimis he saw He saw not the combi- not the strait combinatioun betuixt ws and England, as heirefter natioun betuixt ws and . o- c v i r\* i_ 1. .• j. J '± England. ma y appeir. oie, folio 127, how he is trauucit. Mr Johne Gordoun In this moneth of Aprile, Doctor Johne Gordoun, minister at ingiand! and fled Elgin, fled his charge. He wes first deprivit for not subscriving the covenant, syne went to England, whair he gat ane kirk, and leivit quyetlie as ane preichar thair the tyme of thir troubles. Ye hard, folio 102, how the bischopis fled into England; bot none durst com bak agane to thair places, and the King is The King is vext with greivit and vexit daylie with thair complaintis and mantenans. piaintis. Margaret Bellenden, the bischop of Abirdeins dochter, followis "hir^ather't^^ervik! bir father to Bervick, whair scho leivit not long, bot depairtit this lyf in Januar, 1640, muche to be lamentit ; bot hir father went not yit, sie folio Donald Farquharsone About this tyme, Donald Farquharsone, and some hieland men plunderis the Erll ' ^ Marschallis ground, of Bray of Mar, cam doun to the Mernis, and plounderit the Erll Marschallis boundis of Strathauchin ; quhairat the Erll wes heichlie ofTendit. Vpone Tuysday, the 2nd of Maij, thair cam to the river of Forthe Ane navy of schipis ane navy of schippis, quhairof thair war 4 schippis royall, and 26 cumis to Forth; the ... -n e i • , • ,1 i i' Maiquess of Hammii- vther schippis, weill furneshit with men, meit, and munvtioun, capi- tanes, commanderis, and brave cavilleires, quhairof the Lord Marques 3 soidiouris apointii °f Hammiltoun wes Admirall. Thair wes 3000 soldiouris apointit to to land in the North. i ant jit in the north for defenss of the Kingis loyall subiectis, with four monethis provisioun, and all materiallis necessar to that effect. And his Majestie gave his letteris patent to the said Marques of None cam. Hammiltoun for that seruice, trusting to his loyaltie this expedi- tioun, so muche tending to the Kingis honour ; whairin his Majestie The King is deceart-d. weS cleirlie deceavit, as ye sail heir, tynt his trauellis, expenssis, and moneyis, amounting to 13000 li. Stirling, quhilk he causit deliuer to the said Admirall, for furneshing all thingis necessar to this army. Howsone thir schipis ar sein cum wp Forthe, then Bonfyres set wp. bonfyris wes set wp in Fyf and Lavthean, and ilk countrie, to ad- armes" 16 g °" ° verteiss vther for conveining haistellie togidder in armes. Edin- ANNO 1639. 181 brughe gois haistellie to wark, bot rnony within that toun, Dundie, Gryt and preposterous and Montroiss wes sore astonishit and feirit, that knew not the eir ' secret off thinges. Sum fled, sum set thair goodis asyde, without just causs, for the Marques of Hammiltoun wes Admirall, and we The Admirall no en < mj wes assurit of his favour and freindschip, and that he wold do no ,, , r' Mustering for the skaith to ane covenanter. Bot for the fashions saik, we maid faahtouns «aik. mustering of men in Fyf and Lavthean, and throw the countrie. At this samen tyme, these who had fled out of Abirdein and out ° ure AWrdenia men , and vtheris follouis this of the countrie, as ye haue befoir, folio , heiring of the cuming of navy. this sea army for thair releif, haistellie imbarkit in ane Kirkcaldy schip, about the number of 48 persones, and cums forduard ; bot thair schip being espyit by the Admirall, he causis tak hir and tak The ordour that, the .,. i • i i • •• ii ,i o i ■ Admirall took with out hir ordinans and hir manneris, and place thame on one of his them, navy, syne directit marineris of his owne to convoy our Abre- donianis in thair Kirkcaldie bark. The Lord of Oboyne, vpone his owne ressones, causis brak wp T ,, e Lord oboyn brakis his army, and ilk man to so home to his owne houss ; and suddant- "p his army, scMppis w O m the Engzie, and l'oi^ lie, vpone Frydday the thrid of Maij, schippis in the Engzie at t0 the Kin - Crvckit-hevin with sum few persones, and to his Majestie gois he. This his depairtour wes joyfull to his enemeis and sorrowfull to his His freindis left in gryi freindis, who had kythit with him, especiallie to the lairdis of Geicht, trubbUI " Haddoche, Foverane, "Wdny, Newtoun, Petmedden, Tibbertie, Hart- hill, and vtheris who had follouit him efter thay had subscrivit the countrie covenant. The laird of Banf, and sum vther barronis and gentilmen, seing Banf and the rest K ois the Lord Aboyn's suddant depairtour, began now to luik to thame mdtln"' " d ' ad 8 ' P selffis, and had ane meiting at Auchterles the 7th of Maij. The names of Forbes and Fraser and vtheris had lykuaies ane Forbessis hed ane meiting at Innervrie vpone the 8th of Maij. And lykuaies ane gryt meiting holdin at Edinbrugh amonges the a™ meiting at Edin- covenanteris the samen day. brugh. Vpone this samen aucht of Maij, the barronis, sic as Banf, Geicht, The barrons cumis to Cromartie, Haddoche, Foverane, Crommy, and sum vtheris, with f^^f'ZZ^ *" liuetennand crouner Johnstoun, about 80 horss and 60 foot, cam to the kirkyeard of Ellon, and send to the laird of Kermvk, being in his owne hous of Arduthie, desyring him to refuse the countrie cove- nant, and to subscrive the Kingis covenant. Thair hapnit to be 182 MEMORI ALLS OF THE TRUBLES with Kermvk the lairdis of Wattertoun and Auchmacoy, with about His ansuev. 18 persones. He returnes ansuer he could not periure him self and no more trubbui. to leave his covenant. Aluaies thay did no more wrong to him, hot sum went in and drank freindlie in his hous. Thay vrgit vtheris likuaies to quyte thair covenant, hot cam no speid. Thair wes togidder the laird of Banf, the laird of Geicht, the Ane bikkeiing about young laird of Cromartie, with sum vtheris, who, with liuetennant i tbe Lor^ crouner Johnstoun, vpone the 10th of Maij, intendit to cum to the rouis Frasi Forbe f place of Tolly Barclay, and thair to tak out sic armes, mvscatis, gvnis, and carrabinis as the lairdis of Delgatie and Tollie-Barclay had plunderit from the said young laird of Cromartie, out of the place of Baquholly, bot it hapnit the Lord Fraser and maister of Forbes to sie thair cuming. Thay manit the houss of Towy, cloissit the yettis, and schot diuerss schotis fra the houss heid, whair ane Ane man is siayne. seruand of the laird off Geichtis wes schot, callit Dauid Prat. The The barronisrydis away, barronis, seing thay culd not mend thame selffis, left the houss, thinking it no vassalage to stay whill thay war slayne ; syne, but more ado, rode thair way. Bot heir it is to be markit, that this Mood is beir wes the first blood that wes drawin heir sen the begining of this drawin covenant. 3 a The covenanting barons give the fol- lowing account of this affair, in a letter to the magistrates of Aberdeen, writtin on the day after it occurred : — Richt worthie and lowing friendis, As wee doubt not yow haw receawed our letter send from Kin- tor "with Mr. Androw Abercrombie, and ar accordinglie on yourgard, so wee haw thocht fitt to acquaint yow with Bamf and his associatis ther insolent proceidings, who yesterday hawing plundert diuerss oft' the laird Towis tennantis, thocht to haw interceptit us in our comming from Turreff to Towie, bot fealing off ther in- tention hawing plundert tuo or thrie stragling footboyis in a most presump- touis maner, persewt som oft* them to the moss besyd the place off Towie, and cam with ther whol bodie to the barnyardis ; and 1 think som of them repentis thay cam so neir, for four off them at least ar hurt. We heir ther intention is to go to Strathbogie, and mak themselues stronger, and then to fall on such as thay may ouercum ; bot we resolue, God willing, uerie shortlie to haw our confederatis conuenid, and follow them, go wher thay will ; and iff yow fear danger in the mean tym, wee hoip yow will aduerteiss the Earl Marshall, and in the mean tym send us such a supplie as yow may spair, and wee shall, Godwilling, compenss that by kciping them from cumming to yow, and send such numberis to yow, as yow can goodlie desir to preserue yow from greater inconuenients. So intreating yow to send your men to Kintor to meit the Earl Marshal men and ours, on Monday at nicht, wee rest, as we desir to remain, Youris uerie assured good friendis, Frendrath. Fraser A. Forbes J. Forbess A. Forbes Towie, the 11th off May, 1639. In answer to the demand for a supply of men, contained in the above letter, the ANNO 1639. 183 Word cam to Abirdein that the King wes cuming to Bervick with tik King is cuming to ane land army. And befoir his incuming, he had send in ane pro- He^sendis ane procia- clamatioun to be proclamit at all the marcat crossis of Scotland, raatIO,,n - beiring in effect his Majesteis gryte patiens and gratious procedur, The oontentis from tyme to tyme, since the begining of thir vproaris, as his pro- clamations maid often tymes abefoir, beiring his loving intention! s, cleirlie dois declair. And now, as abefoir, nowayes willing to truble his auncient kingdome of Scotland, if so be the covenanteris wold brak thair lawless covenant, and dissolue the samen, rander and restoir his owne castellis, set to libertie sic as thay had, but ins Majesteis grai warrand, wairdit and incarcerat, and restoir sic ministeris and offens pastouris to thair churches, places, and callinges, whome violentlie thay had thrust fra, and diuerss vtheris articles ; and that the saidis covenanteris wold acknouledge thair disordour, ask mercie for the same, and promeiss loyall obediens in all tyme cuming. Vpone thir conditionis, his Majestie most frielie and gratiouslie not onlie wold pardon and forgive all bygane faultis, frie thame of all feires anent inbringing of alterationis, novationis or changes, in churche and pollicie, and that he suld indict ane parliament, anent the lauchful- nes or vnlauchfulnes of thair last generall assemblie holden at Glasgow, and stryve in everie thing to give his good subiectis plesour and contentment : Vtheruayes, if the covenanteris wold re- His Majestieis protests- fuse these his Majesteis gratious offeris, that then he did protest be- tl0ms foir the King of Kingis, if he wes compellit to draw his suord for thair rebellious behaveour, that the innocent blood sould not be craveit at his handis, bot at thair handis who wes the procureris and wirkeris thairof. And thair with all be this proclamatioun denuncit He denunces wans, oppin warris and hostilitie aganis those rebelliouss covenanteris ; .,, r i <• • i ii i i Mercy to them who hes with promeiss ot mercy and forgiveness to all suche as, by con- i ie in forsit to subscrii f inhabitants ' declared, be reson of the danger of invasioun whairwnto oure toune is presentlie lyable, now in this trubilsome tyme, both be forane and in- testine enemies, oure towne being con- tinewall watched, and a quarter of the toune being ilk night on watche, so that ilk fourth night everie man most neidis watche ; as lyikwayes in respect a great many of oure nightboures and inhabi- tants ar gone out of the countrie, and sindrie and dyveris of thame ar daylie going furth thairof, and leawing the toune : Thay thairfore, all in ane voice, answered that thay culd not possiblie, for the presant, send any supplie of men, since thay stand in neid of help of men to guard and defend thair toune. (Coun- cil Reg., vol. lii., p. 461.) 1*4 MEMORIALLS OF THE TRUBLES. Xo dewtie to he paylt to the covenanteris. Bot to pay the half to the King, and tokeip the vtlier half to thame st-lfis. Chargeing thame to serve him. with promeiss of noantenanue. This proclaniatioiin stoppit on proclamed. Xone durst prorlanie the samen Abirdene is chargit to transport thair own ordinance to Montroas. J5ot not obeyit. straint, feir, or persuasioun, had subscrivit the samen : and lykuaies with pouer to all the comouns, laboreris of the ground, men ten- nentis, seruandis, and yeomanrie, not to pay maill, deuty, or seruice to thair maisteris who war covenanteris, from this tyme furth ; and ilk tennant to pay the half of thair maillis, ferms and dewteis, to the King, the vther half to apertein to thame selffis ; and to keip thair takis, steddingis and possessions, for payment yeirlie of the half dewtie to the King allanerlie ; and nothing to be payit to thair covenanting maisteris, heretouris of the saidis landis, bot the tennentis to keip and retein in thair awin handis the vther half of the said yeirlie dewtie : and forder charging and commanding thame to go on in his Majesteis seruice, with force of armes, fyre and suord, aganes the covenanteris ; promesing mantenans and assistans, and a frie remissioun of what hurt and preiudice follouit thairvpone. This proclamatioun, contening dyuerss vtheris claussis and con- ditionis, was imprinted. Bot howsoeuer it wes his Majesteis will and command, that this his proclamatioun sould be publictlie pro- clameit at the cross of Edinbrugh, and vther burrowis of Scotland, no obedienss wes givin thairto, bot maisterfullie stoppit and con- ceallit by the Grein Table, lest being hard, his Majesteis good sub- iectis wold haue harknit thairvnto and fled the covenant, and left the causs manless ; and thairfoir no herauld, pursevant, nor messin- ger durst haserd, for feir of thair lives, to go mak the Kingis pro- clamation s. This imprinted proclamatioun cam to Abirdein about the 14th of Maij, bot the King wes not cum to Bervik, bot lying still at Newcastell, who could get no obedience in this point. Thair cam charges fra the Grein Table, about this 14th of Maij, to Abirdein, chargeing thame to transport thair 1 2 peice of ordinans to Montroiss, for caussis knowin to thame ; quhilk the toun thocht hardlie of, first, inrespect the King him self had giftit to the toun sex of thir peices, and nixt, inrespect of the fasherie of careing of thame ; and so thay sat this charge, and no thing follouit thair- vpone. a a It rather appears, that the demand for the use of the town's artillery came from the Earl Marischal, and that his lordship only desired the ' len of sex peice of cannon, for the vse of the toune of Montroise.' The inhabitants, however, declined to part with any of thair can- non ' now in this dangerous tyme, becaus ANNO 1639. 185 Ye hard, folio 04, of ane parliament to be holdin at Edinbrugh, »o parliament according „_,.._ .,, /.,,•! ii to t,,e indictioun. the 15th of May, 1639, quhilk, by ressone of tlnr troubles, wes not holdin according to the indictioun. Ye hard, folio 112, how the committe to be holdin at Turret' wes Gathering to hold ane adjornit to the 20th of Maij. Now thair began to gather, to keip ( ° mm ' e " this committe, the Erll Marschallis men tennentis and seruandis of Buchane, him self being absent, the infant Erll of Errollis men tennentis and seruandis, the minor Lord of Petsligo his men Thair names and tennentis and seruandis, with thair capitanes and leidaris, the Lord Fraser, the maister of Forbes, the lairdis of Delgatie, Tollie- Barclay, Ludquharne, Cragiwar, Echt, Skein, Tolquhone, Watter- toun, being present, and diuerss vtheris thair kin, freindis, men tennentis and servandis ; and wes estimat about 1200 horss and foot. And vpone Mononday the 13th of Maij, thay cam forduard Thaycamto Turret-, to Turref, thinking thair to abyde whill the tuentie day of Maij, that moir forces micht gather to hold thair committe ; and thairefter Thair resoiutioun. to go in feir of warr vpone the laird of Banf, and sic vtheris as had assistit the Lord Aboyne, to plunder thair goodis, and tak thair persones, and to abuse thame at thair plesour. Bot howsone the The barronis resolves to barronis who had assistit the Lord Aboyne heires of this meiting, sie thame - resoluit schortlie to avait vpone the samen ; and convenis the lairdis of Banf, Abirzeldie, Haddoche, young Cromartie, Crag Auchindoir, Foverane, Crommy, Geicht, Newton, Harthill, Vdny, Livetennand crovner Johnstoun, with diuerss vtheris brave gen- Thair number, tilmen, about the number of 800 horss and foot, with sum good commanderis, sic as Arthour Forbes of Blaktoun, and quiklie brocht out of Strathbogie four feild brassin peces ; and wnderstanding the Four feild peices. covenanteris forcess to incress daylie, thairfoir thay stoutlie resolve to tak them in tyme, and to go on with all diligens, for thair com- mitte wes to be haldin at Turref the 20th of Maij, as ye may sie befoir, folio . And the covenanteris cam in to Turreff vpone the Mononday befoir, the 13th of Maij, thinking thair to abyde sex of thame belongs to the King's selffis, and ar lyabill to the samen Majestie, whairin his Maiestie hes the danger that the toune of Montrois ar ; tounes bond for redelywerie thairof, and so cannot, without thair awin great when thay shalbe requyred . . . and as prejudice, len any of thair cannon at this for the other sex belonging to the toune, tyme.' (Council Reg., vol. lii,, p. 461.) thay stand in als great neid thairof thame- 186 MEMORIALLS OF THE TRUBLES The barronis marche. whill the foirsaid tuentie day of May, to hold thair committe. Bot the barronis quiklie follouit, and that self samen Mononday at nicht, about ten houris at evin, thay began to marche in veray quyet and sober maner, and be the peip of day cam (by ane vnexpected way, quhairof the covenanteris watches could haue no knouledge) to the cums quikiie to Turref. toun of Turref ; the trvmpettis schortlie began to sound, and the Thair trvmpetis sound, , , „, . . . . „ . . . , and drumis tovk. drumis to tovk. lhe covenanteris, quhairof sum war sleipmg in thair bedis, vther sum drinking and smoaking tabacca, vtheris sum The covenanteris startis walking and moving wp and doun, heiring this feirfull noyss of gois to array. drumis and trvmpettis, ran to thair armes and confusedlie to array, and recollectis thame selffis. And be now both the covenanteris And both ar in vther » n d antecovenanteris ar standing in vther sightis in ordour of bat- * cbt \ „ u x. „ tell. Thair wes tua schottis schot out of the Erll of Errollis hous Tua sehotis fra the Erll of Erroilis hous s. aganist the barrones, quhilk thay quiklie ansuerit with tua feild Thay ar ansuerit. . . Hot service. peices. Then the covenanteris began on hot service, and the barrones both, and schot many mvscat schot. Then the barronis schot ane feild peice in amonges thame, quhilk did no skaith, bot fleyit the commouns. Both pairteis playit on vther. At last ane The covenanteris fleis vther feild peice wes agane schot, the feir quhairof maid thame all The chace. cleirlie to tak the flight. Follouit the chace. The Lord Fraser Fouii faidingis. wes said to haue foull favldinges ; he wan away. The lairdis of sum prissoneris. Echt and Skeyne and sum vtheris war takin prissoneris. Thair sum hurt, sum siayne. wes sum hurt, sum slayne. The barronis soundis the retreat, cumis retret. arr ° ms soundls immediatlie bak to Turref, takis meit and drink at thair plesour, Gois to Turref, takis and fleyit Mr Thomag Mitchell, minister at Turref, veray euill. flejit Th ° mas Mitcbe11 And so this committe wes efter this maner dischargeit at this tyme. a Thay cum to AWrdem Lyk as, vpone Wednisday, the 15th of May, the barronis, with Banf and liutennant Johnstoun, rydis fra Turreff to New Abirdein, Kermvkshorsspiundent about 800 horss - Tha y Vender the laird of Kermvk, and his and restoirit. brotheris horss out of ane stable in Abirdein, becaus thay had sub- scrivit the covenant, bot thay gat thair horss agane. The covenanteri* of ^ e covenanteris, heiring of this trot of Turref, and that thay Abirdein hydis thair war cum j n to Abirdene, began to hyde thair goodis, and to flee out goodis, and fleis. " , of the toune for saiftie of thair lives, mervalhng at the overthrow The trot of Turref is the . .. „ /x in in n tirst overthrow. of this meiting at 1 urret, quhilk wes the hrst that fell out since the a See Gordon's Scots Affairs, vol. ii., pp. 257. et seq. ANNO 16.3!). 187 begining of this covenant. Aluaies, the barronis and Banf mellis The barroois takls the at thair owne handis with the tounes keyis of the kirkis, portis, and t "' ns kvy1 "' tolbuith of Abirdein, set strait watches, lodgit thair men cheiflie Setis watches. in the covenanteris houssis, sic as Patrik Leslie, Mr. Mathow The^o™nLt^8™ousBis Lumsden, Mr. Williame Moir, Walter Cochrum, the Burnetis, the wantis not Joffreyis, and thair complices, who had all fled, for feir of thair Tuame s ,, 1(is takis the lives, the toune, except Mr. Alex r Joffrey, the prouest, who for fllcht schame culd not weill flie. And the covenanteris wyflis and barnes keipit thair houssis, and furneshit the soldiouris aboundantlie. The rest wes sustenit vpone the commoun good. No doubt bot this vexatioun wes greivous to Abirdein, to be overthrowne be ilk Abirdein sore opprest. pairtie who be micht and strenth could be maister of the feildis, whair as all the brughes within Scotland leivit first and last at gryte rest and quyetness, sie heirefter, . Thus, on "Wednisday bam^is!""" 18 ° the 15th of Maij, thay cam in to Abirdein . a The foirsaid 15th of Maij, Mr. Dauid Lyndsay, persone of Bal- Mr Dauid Lyndsay cam helvie, moderatour, cam to the college of Auld Abirdein, thair to th™ u^ e e . COmmi " e haue haldin ane committe, as ye haue befoir, folio ; bot fynding Maisterisand studentis no maisteris, studentis, scolleris within, being disperst and spred, "loiss" 0 ""' a ° d a The loyal barons intimated to the and to bear equall burding pro rata with magistratis, that ' they wold hawe frie the saids auld covenanteris, prowyding quarteris to thair soiouris, during the that thay contribute lyikwayes, with the tyme of thair abod in this burghe, as the rest of the bodie of the toune, for defray- nobillinen who wer laitlie heir had frie ing of the chairges deburst wpoun the quarteris. also for thair soiouris, and that first and second quartering of the soioures thay wald hawe this quartering imposed of the tuo bygaine armies. As also for and laid onlie wpoun the auld cove- these debursementis that sal happin now nanteris within this burghe, seing thay to be bestowed on this third armie, and hawe beine exonered frome quartering in all other debursementis that sail heirefter tymes bygonne. Whairwith the night- occur, for quartering of soiouris propor- boures, being advysit, answerit all in ane tionablie, according to the estate and voce, that thay wold not separat nor meanes of everie nightbour in the toune, divyde thame selffis frome the auld cove- and with conditioun lyikwayes, that all nanteris, since thay ar all memberis of protestationes, maid heirtofoir be auld on bodie and incorporatioun with thame, covenanteris, for thair exemptioune from bot wald willinglie contribute and bear suche contributiounes, be now rescinded ; burding with the saids auld covenanteris, and that the haill inhabitantis of the for thair greater ease of suche ane heavie towne, but exception of persones, be burding, and for eschewing the plunder- lyable, as on bodie, to contribute for ing of thair houssis and gudes whairwith quartering all soiouris, both for bygaines they wer threatned. Lyikas, for that and to come.' (Council Reg., vol. lii., effect, thay wer content to harbour and p. 463.) quarter the soiouris of this present armie, 188 MEMORIALLS OF THE TRUBLES the houss left desolat, and the yettis cloissit, he takis instrumentis sum contest betuiit him that he could get no entress, and went to the toun, whome Mr. the subprmcipaii. R 0Der £ Ogiluy the subprincipall (hapning to be at home) follouit, and desirit him to cum bak agane, and he suld haue patent yetis ; bot he simpliciter refuisit to go bak, quhairvpone the subprincipall Instrumentis ar takin. lykuaies took instrument, and so pairtit, but ony forder committe holdin this day, quhill ye may sie heirefter, folio . The barronis stayis in The barronis, as ye haue on the vther syd, being cum in to Abir- dein vpone Wednisday the 15th of Maij. thay stayit thair all nicht, Thuirsday, Frydday, Setterday, Sonday. Sic of the barronis and Mony eumis in to tbame gentrie who cam not in at the first to Abirdein, now daylie cumis farandneir. j n . g j c ag ^ e ] a j r( ji s 0 f Geicht, Haddoche, Foveran, Newtoun, Harthill, Wdny, Crag Auchindoir, Abirzeldie. The gentlemen of the Engzie and Strathbogie, with the men tennentis and seruandis of the lairdis Drum and Petfoddells, howbeit thame selffis had fled the kingdome, mony covenanteris men of the name of Forbes, throw plane feir, cam in to Abirdein, and yeildit to the barronis ; bot no No covenanter durst be covenanter of the tounes men durst be sein vpone the calsey, and thair houssis wes weill quarterit for intertenneing of the soldiouris, alsweill as the antecovenanteris houssis wes quarterit be Generall Montroiss or Governour Marschall abefoir. Bot all was sustenit Abirdein evin drest. vpone the tounes charges, for nather covenanter nor antecovenanter gat payment worthy ane plak. The barronis wes estimat now in The number of the Abirdein to be about the number of fyve hundreth horss men, and Lodo°wck m Gordon sevin hundreth footmen ; besydis Lodouick, the Marquess of Huntlie iand S men° un sum ' m ^is ^ onr ^ sone, cam doun Diesyde with sum Hieland men out of Bray of Mar, wnder Donald Farquharsone, and wnder the laird Abir- zeldie, and diuerss vtheris, amonges whome James Grant the sum- Thair number. tyme rebell wes also with his followeris, about 500 men. Thay took They took in Dums. in the place of Durris, pertening to Johne Forbes of Leslie, a gryte covenanter. Thair wes litle plenishing left onconvoyit away be- foir thair cuming. Aluaies, thay gat good beir and aill, bruk wp girnellis and book bannokis at good fyres, and drank mirrellie vpone the lairdis best drink, syne careit away with thame alss mekill victuall as thay could beir, quhilk thay culd not get eitin and Thay go to Echt, skeyn, distroyit ; and syne removit from that to Echt, Skeyne, Monymvsk, Monimvsk, and vtheris ■> ,1 • , . • r t\ 1 11 1 covenanteris housis. and vtheris houssis pertening to the name or lorbes, all gryte cove- ANNO 1639 189 nanteris. The laird of Glenkindeis boundis wes also plunderit at Glenkindeis boundis plunderit be Donald this tyme be Donald Farquharsone, for taking of his amies away, Farquharsone. as ye may sie befoir, folio The barronis, resolving to go to Durris and spolzie what wes The barronis randeris , . t . ■■ the touns keyis left, randerit the keyis bak to the toune ot Abirdein; and vpone Resolves to goto Dunis. Mononday the 20th of Maij thay rode out about the number foir- said. Bot be the way, it is to be rememberit that the barronis Bot first thay send tu« haueing cum victoriouslie fra Turref to Abirdein, thay thocht best to Erll Marshall, to know send Johne Leith of Harthill, and Mr. Williame Lumsden, aduocat JJ^K^ in Abirdein, vpone the 17th of Maij, to Dunnotter, to sound the Erll Marschallis mynd what he thocht of thir bussinessis, and to wnderstand if his lordschip wold behold thame, or if he wold raiss forcess aganes thame, quhairby thay micht be vpone thair guard. Quhairvnto the Erll ansuerit he culd say nothing, whill he had Marschallis ansuer . h< iii i i i • i i • p • t i. ■ -lii' 8 not content with sic aucnt (laves laser to be advvsit with Ins tremens, it is said the com missioneris. Erll wes not weill content with thir commissioneris, and scarss gat presens, the ane being the maner of ane plesant, the other being ane papist. Aluaies, thay returne with this^ansuer to the barronis, Thay return with thair quhairat thay war not weill contentit. Thairefter, Mr. Robert The'barrons not weui Gordon of Straloche, and James Burnet of Cragmyll, brother ger- ^Robert Gordoun man to the laird of Levis, tuo peciabill weill set gentilmen, and and James Burnet rydis , . . . ... agane to Marschell, feiring gryte trubbill schortlie to follow if the barronis keipit the soundis his mynd. feildis, being assured ane army wold be raisit wp aganes thame, and thairfoir labourit to get our barronis to brak wp thair army, for eschewing of innocent blood. And to this effect thay ryde both to Dunnotter, and speikis with the Erll Marshall, who declairit to them he had no intentioun to raiss armes except His ansuer and terms of he had ordour from the Table; and if the barronis wold dissolue bimg'bakfo thebarlons thair army, he wold give them lauchfull tyme of aduertesment to *" Abirdein - reconvein thair forcess for thair awin defenss, and in the meintyme that thay sould not trouble nor molest Marschallis ground. Thir M: „ scnaU refuisis u.< speches wes thocht to be past, bot thair wes no wreit takin thair- con "" oning vpone ; and as sum said Marschall denyit this termes of commoning, as heirefter ye sail heir. Aluyss the barronis, vpone Mononday Thc ban . onis rydU , ut the 20th of Maij, rode out of Abirdene, wp Die syde to Durris, and t0 Duvris - Tl, a>r • , . . . , ^ leidaris, capilans. and plunderit sic as thay could get from the name of Forbessis and vtheris commanded, covenanteris. Thay war led be livetennant crovner Johnstoun, thair 100 MEMORIALLS OF THE TRUBLES Thair counsall of warr. liL'nerall Johns toun. The barronis trusting fo Mr. Robert Gordoun and James Burnetis commoning, dispersis thair army. Tlie hieland men plunderis the eovenan- teris. :J0 horsa cnmis oak of the barronis to Abir- iein. Thay did no wrong, hot leivit vpone thair own expenssis. Marshall beginis haistelly to eonvein — '•urns to Tullohill. His forces. The barrons ar deceavit and wax wod at the skailling of there army. Marschall refuisit the commoning brocht to thame. Thay blamit the mouneris com- M r. Dauid Lyudsay haldis ane subsinod. He preichis. General!, crowner Gairdin, capitane Ker, and Arthour Forbes of Blaktoun, expert and brave commanderis, with sum vtberis, who keipit thair counsall of warr daylie whill as thay war in Abirdein within the tolbuith ; and Generall Johnstoun for his wit and policie wes honored amongst thame all, and had the first place at all thair meitingis. Efter the plundering of Durris, the barronis, heiring no occasioun of raising of forces, and confident of Mr. Robert Gor- doun of Straloche, and James Burnet of Cragmyll, thair speiches, resolvit to disperss thair army, and ilk man to go home to his owne houss, and beheld the Hieland men to go plunder wp and doun amongst the covenanteris as thay best pleissit. And so vnhappellie thay dissoluit thair army vpone the 21st of Maij, and that sam nicht vpone the nicht thair onlie returnit bak to Abirdein the barronis, with about 30 horss of altogidder, that wes with sic barronis as cam quyetlie to the toun vpone the Tuysday, and 21st of Maij foirsaid. Wednisday thay stayit all day, and whill Thuirsday in the morning. Thay did no wrong within the toune, bot leivit vpone thair awin expenssis at this tyme. In the meintyme, the Erll Marschall haveing sure intelligens of the skailling of the barronis army, began haistellie to eonvein forces throw Angouss and Mernis, and cumis to Tullohill besyde Banchorie Devnik vpone the 23rd of Maij, being Thuirsday, about 800 horss and fut. The maist pairt of the barronis being in Abirdein, looking for nothing less nor this army, according to the commouneris speiches, except vpone lauchfull advertesment, evidentlie now per- ceaves how thay war deceavit wnder trust, and wes heighlie offendit at the skailling of thair army so rashlie as thay did, without ony warrand fra the Erll Marschall, who constantlie refuisit any sic commouning with Mr. Robert Gordone and James Burnet as thay had promesit in his name. Aluaies, the barronis had no bodie to blame for this heighe vnlookit for disgrace bot thir tuo commoun- eris, to whome thay gave too muche credet in this bussines. In this meintyme, Mr. Dauid Lyndsay, persone of Balhelvie, cam in vpone the 16th of Maij to keip the subsynod at Abirdein, accord- ing to the last ordinans, sie folio . Diuerss ministeris cam also. Him self preichit, and touchit the antecovenanteris vpone periurie and brak of promess aganes thair covenant aith and subscriptioun . ANNO 1639. 191 Quhairat the barronis foirsaidis, being yit in Abirdein, took excep- The barronis aroffendit. tioun. Efter sermon, as the forme is, the ministrie sittis doun in the sessioun hous, and callis thair names and nottis the absentis ; bot the Lord Fraser, the maister of Forbes, the laird Tollie Barclay, and rest of the laick elderis cam not to this subsinod, becaus the bar- The laick elderis cam ronis wes in the toune befoir thame. Aluaies, but more bussines, not ' the subsinod dissolues ; bot the moderatour and his wyffis horsis Thesubsynod ais- war plunderit out of the stable, and himself narrowlie escaipit, ™ e / " "" vtheruaies he wold haif bene reproveit for his bold preiching; i jlunderit - for his 1 1 * o jireiching. aganis the barronis, in thair awin heiring sitting within the kirk. Now to returne to the barronis : Thay, seing thame selfis The barronis leaves vnhabill to meit the Erll Marschall, resoluit to quyte the toun, did strabo^e. and no wrong, but tuke thair intertynnement ; and vpone Thuirsday in the morning, the 23rd of Maij, thay ryde thairfra touardis Strath- bogie, as wes said about 30 horss, quhair thay had ane meiting Ane me iting. 24th May ; bot did no good to thame selffis, bot wo and wrak, as heirefter do appeir, folio Vpone Sonday the 19th of Maij, the barronis being in Abirdein, The bischop ,. e turnis to the bischop Bellenden cam peirtlie to his lodging in New Abirdein, ^* Aeia ' bot s,:, - vit not with his ordiner servandis ; syne vpone the morne cam over to the Oldtoun to sie his owne pallace, and returnit bak to New Abirdein agane, quhair he durst not byde long bot wes forsit to flie, as ye may sie heirefter, folio on the vther syd. Howsone the Table wnderstood how the barronis wes recept in Abirdein? commission- Abirdein, thay schortlie causis ward Mr. Kobert Farquhar, Mr. 1**™™ iQ Ediu ' Thomas Gray, Johne Hay, and George Moresoun, thair commis- sioneris, whill payment wes maid of thair fyne of 40,000 merkis, as ye may sie befoir, folio 109, bot wes not takin wp by ressone of the pacificatioun, sie folio 141 ; bot wes vtheruayes pitifullie fynit, as ye may sie, folio 144, folios 201, 203. Now this same Thuirsday, and 23rd of Maij, that the barronis Marshall raisis his left Abirdene, the Erll Marschall raisis his army fra Tullohill, and Zl^Ti^hT to^w cumis in to Abirdein, and of new agane takis in the toun, mellis k ?' i6 ' i uarteris his * ° * solchouris. with the keyis of portis, kirkis, and tolbuith, and quarteris his soldiouris throw the haill houssis thairof. The antecovenanteris The ante covenanted foirseing his cuming fled, schiftit thair goodis, and sum lokkit eis " ia " '' vmt aboiu " wp thair yettis and houss durris, and ilk ane went a sindrie way. 192 MEMORIALLS OF THE TRUBLES The wsehop, his sone, The bischop of Abirdein, Johne Bellenden his sone, Mr. Johne inness rt Mr Mr \i«r xr ' Bellenden his nephew, and Johne Blakwod his seruitour, the laird scrogie, thay sehip, and Q f Cromartie younger, Mr. Alex r Innes, persone of Rothimay, Mr- to the King go thay; bot JO' . . J tynis thair traveii.' Alex r Scrogie, younger, ane of the regentis in the colledge of Auld Abirdein, and sum vtheris, that same veray day that Marschall cam in, thay went aboord of Androw Fyndlay, skiper, his schip, being lying in the road and attending thair seruice, (being ane Abirdeins man him self) and haistellie hoysit wp saill, and to England for the King gois he ; bot all for nocht, since thay ar all forsit to cum hame agane, except onlie the bischop who durst not returne, as ye haue, folio The covenanteris re- The covenanteris, who had fled the toune befoir, returnis provdlie turms proudiie to AWr- k a ] c a gane, and cropis the calsey couragiously. Thus is this miser- Abirdene is miserabiie aD iU brughe of Abirdein brocht agane wnder slaverie and subiec- tioun but auchtoritie, for giveing way to the barronis, whome thay war vnhabill to hold out of thair toune be force of armes, as wes weill knowne. The Erii Marschaiiis Vpone Frydday the 24th of Maij, the Erll Marschallis men of men. the Lord Fraser, M ar skein, and Kintor, the Lord Fraser, the maister of Forbes, the maister of Forbes, ' ... and diuerss vtheris thair kin, freindis, and followeris, with diuerss barronis, cumis in eumis to Abirdein. . _ t ^*~/w. mi • i cs^^ /> , 2uo quartern in old to Abirdein about 2000 men. J hair wes about 200 of the maister Abirdein. 0 f ;p orDe s and the laird of Cragiwaris men quarterit in Old Abir- dein ; thair intertynnement wes small, and thay payit als littill for it, being 200 horss and fut as said is. Mony of this company went The bischopis yetis an< i brak W P tne bischopis yettis, set on good fyres of his peites brokin wp. standing within the cloiss; thay maisterfullie brak wp the hall His peites brynt. ° ..... Thay abuse his houss durris and wyndois of this staitlie houss ; thay brak doun beddis, pitifullie, brakis doun , n . . ,. .,. , , ■ and distroyis aii. burdes, capalmreis, glassin windois ; took out the iron stancheonis, brak af the lokkis, and sic as thay culd cary had with thame, and sold for litle or nothing. Bot thay gat none of the bischopis The bisehopis plenishing plenishing to speik of, becaus it wes all convoyit away befoir thair p reservit cuming, out of thair get, sie folio 126. Thus is this statelie houss pitifullie abuseit be thir miserabill rascallis, folloueris and soldiouris „, „ , of the maister of Forbes and Cragiwar, albeit the bischop of Abir- The Foibesis and o » r bischopis freindis actors i ,i .,p about messenis cragis. crag ; m despyte and densioun qunairoi, when thay removit from Abirdein, sum wemen of Abirdein, as wes alledgit, knyt blew ribbinis about thair messens cragis, quhairat thir soldiouris took offence, and killit all thair dogis for this causs. Vpone Mononday, 27th Maij, the Generall gois to ane counsall of Ane counsel ofwarr. warr. Thay tak fra the toun of Abirdene ten thousand merkis to 10 ,000 markis payit be •c -i e l J • ij.ij.ir " x?j* l e Abirdein. Thair 12 sair it from plundering, and took tuelt peice 01 ordmans also from peice of ordinance thame, schippit thame in a bark lying at the key heid, mynding to sch 'i , i JIt send thame to Montroiss ; bot he wes disapointit, sie folio 130. Thair armes wes plunderit, 17 mvscatis wes takin out of the colle ge, Thair amies plunderit. and Mr. Johne Lundeis houss, sie moir, folio 144, sie folio 130, Jtd* "" ' how Oboyne takis thir armes bak agane. This samen Mononday, the lairdis of Delgatie and Ludquharne, Foveranc and Knokhaii cled with the Erllis of Erroll and Marschallis men, cam and took in takin in ' the place of Foveran, pertening to schir Johne Turing, knicht, and place of Knokhall, pertening to Johne Wdny of that ilk, both ante- covenanteris. Thay sustenit thame selffis, thair men and horss vpone thair ground so long as the army stayit in Abirdein, and did no more skaith. 196 MEMOPJALLS OF THE TRUBLES The laird of Clunyis yetis brokin wp — his pikis takin out. Oldtoun armes pluuderit be Cragivar. (Jragiwar takis all the armes out of Old Abir- dein. He gave thame to his armies soldiouris. The tutour of Petsligo and Phillorth, ludgis in the college. Muster in the lynkis. The Marquess abusit. lie is falsly calumniat to the King. Thir soldiouris brak wp the laird of Clunyis yettis in Old Abir- dein and hall durr, went in and took out about sex scoir pikis, quhilk, at the Generallis command, wes givin to the maister of For- bes men : and no more skaith wes done within that houss, Cluny him selff being absent. The drvm went throw the Oldtoun, commanding and chargeing the haill induellaris to cum the samen day, and 27th of Maij, with thair haill armes to Mr. Thomas Lilleis houss, and deliuer the samen to the laird of Cragiwarr, wnder the pane of death. The Oldtoun people, trymbling for feir at this vncouth kynd off charge, cam all rining to Mr. Thomas Lilleis houss with sum few muscatis and hagbuttis, vtheris with ane rovstie suord, vtheris with ane heidles speir. The laird of Cragiwar takis wp all, both good and bad, and divydit thame amongis his owne armies soldiouris. Thus wes thir poor Oldtoun men oppressit and spolzeit of thair armes, but law or auchtoritie, bot no vther goodis nor geir wes plunderit out of any of the tounes of Abirdein, as the Generall had givin ordour, except armes and the tounes fyne. Tuysday, 28th Maij, the tutour of Petsligo and laird of Phillorth cam with about 200 men to attend the Generallis seruice. Thay war forsit to lodge in our Oldtoun Colledge, for vther quarteris culd thay not get that nicht. The same Tuysday, the haill army warnit be tovk of drum to go to the lynkis, whair thay war musterit, about tua efter none, syne put bak to thair quarteris that night. Ye hard abefoir, folio 112, how the noble Marques of Huntlie wes dishonorablie takin and wairdit, and of his evill vsage ; none of his dochteris sufferit to byd with him ; his eldest sone not sufferit to ly in the chalmer with him self, bot he him self allone. Attour, he wes compellit, opone his owne expenssis, to sustene fyve gardians to over watche him, as if he had bene ane odiouss traittour or grevous malefactour. All this he behovit to suffer for the Kingis causs, who wes neuer latin to wnderstand the treuth of this Mar- quess misereis ; bot contrarie wayss, by his cruell and malignant enemeis the King wes informit that the Marquess had provin dis- loyall, had yeildit willinglie and subscrivit the covenant, and that he had sauld the Kinges armes whiche cam from Ingland to him to ANNO 1639. 197 the Kinges enemeis, covenanteris, and that he cam in willinglie to Abirdein of set purpoiss to be takin be Montroiss and his complices. Thus wes this noble Marquess falslie traduceit to his Majestie, The King is offemiit (quhairof he then had no knowledge) and doubtless it offendit the tru'th'e. 116 h " rl " L King in heiche mesour whill the treuth wes tryit, and the Marquess found loyall and trew be his Majestie ; and then the King beginis to lament the misereis that this noble Marquess was brocht wnder for Then is tnoir sory at his his saik, bot culd onnawayis releive nor help him, who keipit waird misery- still whill folio 144. The toune of Abirdein, seing thame selffis sore opprest by the Abirdene compianis feiding and susteining of thir armyes without payment, besydes oppresses foYhT vtheris slavereis, began havellie to regrait thair misereis to the e enera11 - Generall, and rest of the nobles and commanderis, saying thay had subscrivit the covenant, and yet wes borne doun and persecute day- lie, whair as the rest of the haill burrowis of Scotland leivit at peace and rest, but perturbatioun or inquietatioun. Thair wes no compassioun had to thir complaintis, bot the Generall an- Thegeneraii hisansucr. suerit, ye haue done what ye can to saiff the King and his subiectis vnsatled in peace, and red letteris send be the Marques of Huntlie and toun of Abirdein to his Majestie, assureing him of thair seruice, and that he wold get gryte assistance in the north, if his Majestie had ado (quhilkis letteris war intercepts be the cove- nanteris on the way) ; and that efter thay had suorne and subscrivit the covenant, thay had wilfullie and willinglie recept the barronis within thair toun, who war enemeis to the good causs, and to thair haill designis, and who had opprest and plunderit the trew cove- nanteris in thair persones, goodis, and geir; and thairfoir the toune of Abirdein wes not to be trustit nor beleivit (for the most pairt) to be good covenanteris, albeit thay had suorne and subscrivit thair covenant, as said is. Quhairvnto the toune of Abirdein maid ansuer, b irdem repiyis what thay had writtin or done wes out of good intent ; and as for the barronis, thay had no pouer to hold thame out of thair brughe, and wes trublit and molestit be thame, and gat no more good. Bot n 0 heiring of thair com no regaird wes had to thir ressones nor thair complaintes, bot forsit plaint- to suffer and abyde thir calameteis with veray sore hairtis. And The count™ ante, as thay war opprest, so the countrie antecovenanteris wes pitifullie opprest" 16 " 5 so ' e plagued and plunderit in thair victuallis, fleshis, foullis, and vther 198 MEMORIALLS OF THE TRUBLES commodeteis, quhilk bred gryte scarsitie in this land, but auchtoretie viany maiedictioun is of the King or regaird to thair countrie ; for the quhilk they gat daylie maledictionis. King is at New- The King all this while is lying at Newcastell, with sum 1 , volunteires and few feit soldiouris, and Ingland had refuisit to raiss Ingland refusis to raiss * ~ »mes. ane army, quhilk the King ernestlie desyrit, saying thay could not Thnir ressons. t . . i raiss armes aganes thair nichtbour kmgdome, except thay had bene declairit by counsall or parliament oppin rebellis, and traittouris aganes his Majestie, according to the Scottis lawis. And howsoeuer, be instigatioun of wicked and malignant persones, he had send out his proclamationis, declairing thame rebellis and traittouris, without advyss of his counsall or parliament, yit it wes no ground or just causs to move oppin warr betuixt the King and his subiectis. Quhair- vpone the King wes compellit, sore aganist his will, to ly all this Tile King kennis not tyme at Newcastle, not knowing of the secret clandestine band and dan estyn covenant. com binatioun past betuixt the English and Scottis, quhairthrow he He is bome doun. wes fullie disapointit of all his designes, as ye may sie heirefter at his cuming to Bervick, folios 142, 130. Banf,Kewtoun,Foveran, Vpone Thuirsday the 30th of Maij, the lairdis of Banf, Newtoun, FeddeHt. sc hipis for the F overane> Fedderet, and diuerss vtheris, takis schip at Downe, a and resoluis to go to the King, since thay culd not keip Thay are brocht bak be thair countrie with saiftie, sie more heirefter, folios 129 and 130, how the Lord Oboyne brocht thame bak agane. The general! beginis to The foirsaid Thuirsday, about ten houris in the morning, the mn.cne throw old Abu- Q enera u ra i 9 i s n i s army out of both Abirdeins, and begins to marche ith toot men marchis throw Old Abirdein. The foot men marches first, and the Generall Timiv number with the horssmen follouit. Thay war estimat about 6000 foot and horss, by baggage horss estimat to GOO, that cam out of Angouss and Stratherne only, with thrie thousand men on horss and fut ; 900 men cam fra the Erll Marschall out of Mernis, Kintor, and Skeyne ; 1000 men cam fra the Lord Fraser, the maister of Forbes, the tutour of Petsligo, the laird of Phillorthe, with diuerss vtheris barronis of Buchane, Mar, and Gareoche. Thir people leivit all vpone the countrie and Abeirdeins, bot the Angous men had thair provisioun a The town of Macduff is erected on barony of Doune, see ' Antiquities of the the barony of Doune, and its harbour shires of Aberdeen and Banff,' vol. ii., seems to be here indicated. As to the p. 372. ANNO 1639. 199 following thaine vpone thair marche, bot vtberuayes leivit vpone thair quarterns as the rest did. Thair met the Generall on his way the Erll of Errollis men out of Buchane, and the Erll of Marschallis men out of that boundis also, with mony barronis ; the Erll of Atholl with 200 hieland men wes lykuaies in this army. Thay took ane Am . 0 f the tounis of the tounes cullouris of Abirdein, and gave it to the toune of £S. 8iTto " Abirbrothokis soldiouris, becaus thay had none of thair owin, and Not thair kyndtocarj quhilk wes not thair kynd to cary. Thus this army gois forduard Th^T'order— thair in ordour of battell, with ensignes, trvmpettis, drums, bagpipes, feild i' ei " f capitanes, and commanderis throw the Oldtoun ; follouit ten brasin feild peces also, and went that nicht to Wdny, whair thay campit that nicht. Frydday, the last of Maij, thay marchit from Wdny to the houss Ti>a»r iay'y marche. of Haddoche, pertening to the laird of Haddoche, callit Kellie. Setterday, the first of Junij, thay marchit fra Kellie to the place Thay cum to GeicM. of Geicht, quhair thay remanit all nicht. Thay did no more skaith, bot took thair intertynnement af of the ground whair euer thay cam, vpone thair owne privy ressones. Now, as this army is lying at Geicht, resoluit to tak the houss, with the rest of the antecovenanteris houssis thairabout, sic as Wdny, Kellie, and sum vther places, thair cam to the road of Abir- dein, vpone Sonday the 2nd of Junij, and Whitsonday, ane colzear schip, whairin wes imbarkit the Erllis of Glencarne and Tullibardin, The ehus of Gien- the Lord Oboyne, the laird Drum, with crowner Gun, and sum^'J^'t: vther English capitanes and leidares. This schip, melting with the ! ht ' j'°£ e - ° r x ' o Banf, Fedderet, Fove- bark quhairin Banff, Fedderet, Newtoun and the rest wes, causit raue,t>rocht withthame thame to cum aborde of thair schip, and leave thair voage. Thair Abirdeins men cumie mm iii • t> n • i i • • i • al*0, sie folio 93. cam also in ane bark, who wes m company ot the said schip, sindne of our Abirdeins men who had fled the toune and gone to England ; and sic lyke sindrie ministeris, sic as Mr. Thomas Thoiris, minister Sindrie ministeris at Wdny, Mr. Johne Patersone, minister at Foveran, Mr. Dauid curais also Leitche, minister at Ellon, Mr. John Gregorie, minister at JJul- maok, Mr. Frances Thomsone, minister at Peterculter, Mr. Johne Kempt, preicher, with sum vtheris, who for this covenant had fled the countrie to the King. This gryte schip had also within hir Tm , schip 1S weU i ,,,,, store of ammvnitioun, pulder, ball, muskatis, suordis, pikis, and the vydIt ' lyk armes. Scho had ane pynnage following hir, and tuo barkis k , ,/ tu ° 200 MEMORI ALLS OF THE TRUBLES lying besyde bir. In tbe ane, our Abirdeins men and ministeris wes ; and tbe vtber wes the bark qubairin the laird of Banf, Nevv- toun, Foverane, and Fedderet had schippit. This schip wes direct be the King to Forthe, quhair his royall navy wes lying, with speciall The Lord oboyn directioun to the Lord Oboyne to speik to the Admirall, and to re- speikis the Admirall for . soidiouris— fair promesis ceave 3000 soldiouris, with all kynd of provisioun and moneyis to sustein thame during the space of four monethis, fra him, according as his Majestie had commandit him ; and that he sould land them at Abirdene or Cromartie for defens of the countrie and of brave Abirdein ; and to send expert capitanes and commanderis, quhairby thay micht joyne and knyt with the Kingis loyall subiectis in the north, for thair defenss as said is. The Lord Aboyne speikis the Admirall in Forthe according to the Kingis command. He daylie day promesis, bot neuer myndis to performe, as he who is set aganist the Kingis courss. The Lord Aboyne dependis day by day, bot The Lord oboyns last cumis not speid ; and the Admirallis last ansuer wes, that he sould cum his way to the road of Abirdein, and he sould haue his soldi- ouris schortlie efter him. The Lord Aboyne beleiving his word, and wnder no suspitioun of deceat, he takis his leive, and forduard He cums to the road, cumis he to the road of Abirdein, vpone the said second day of frdi^ance and Irme's" 118 Junij, with his pynnage ; bot be the way he meitis ane bark going to Montross with sum sevin peice of ordinans, and mvskatis, suordis, pikis, and vtber brave armes plunderit from Abirdein, as ye haue, folio 126, direct be the Generall to Montross; bot Oboyne takis this bark, ordinance, and armes, and bringis the ordinans and armes to the road ; and heiring Montroiss had schippit vther five peice of ordinance, and send to Dundie, quhilk belongit to Abirdein, he sendis haistellie and takis this fyve peice of ordinance also ; Montross is offendit. quhairat Generall Montross is muche offendit. The King is at Bervick. About the last of Maij his Majestie cam to Bervik with 7000 His land army. f 00 t ] anc i soldiouris, 3000 horss men, and 500 dragvneris, whair- His sea army direct out. vpone ane soldiour rydis, lichtis, and fightis on fut. Richt sua he had directit out abefoir ane navie from England, (o cum to Forth of His Admirall. 30 schipis, quairof thair wes sum schipis royall. His Majestie also maid the Marques of Hammiltoun his admirall over this fleit, His men, and provisioun. quhairin thair wes about 8000 soldiouris, capitanes and com- manderis, by skipperis and sailleris, with pulder, ball, ammvnitioun, ANNO 1639. 201 and vther prouisioun necessar for four monethis space, and moneyis about 13,000 li. Stirling. He directit this admirall (in whome he His directioun touardu had too muche trust) to land 3000 soldiouris for defens of Abirdein ° ° J " s soldlouns and the northe, as is formerlie said ; quhilk he slichtit fairlie, as ye may sie how he past out of Forth, folio The Lord Oboyne cumis to the road of Abirdein, still luiking for oboyne stm luikis for the cuming of his soldiouris, hot he wes begyllit. Aluaies, ac- begymt" 8 ' b °' cording to the lawis of the sea, he sendis the 12 peice of ordinans He sendis the 12 peite to the good Lord Admirall, as sea plundering, bot more wyslie he Admfran" 06 '° keipit all the rest of the tounes armour to him self, and did not send thame also ; quhilk 12 peices wes left vpone the schoir of Brunt He leaves thame at Hand be the Admirall, when he went out of Forthe bak with his Brunt Iland army, whair thay yit ly. Now howsone the tounes covenanteris hard that the King wes Abirdeins covenanted cum to Bervick with ane land army, and ane navie cum to Forth, beginis t0 feir - and thair with seing the colzear with ane pynnage, and tuo vther barkis cum to the road, thay aprehendit gryte feir and dreddour, and haistellie send word to the army lying at Geicht, who schortlie Thay post to the army left the seige but more skaith ; and vpone Mononday the 3rd of at Geicht- J unij thay cam all in marcheing to Abirdein, without doing of more Thay leave the seige. vassallage ; albeit thair resolutioun wes to haue wrackit and abusit ^"f «stume to am. the haill barronis and gentrie who wes at the raid of Turreff, as ye haue hard, folio , and that be plane force, without auchtoretie of ane King or law. Howsoeuer thay plunderit thair victuallis, beif Thay tuke thair meit, and mvtton, cok and hen, distroyit both girss and corne quhair euer nomX'S!' botdld thay cam, to the gryte wrak of the countrie. Yit God blissit the « f d bust the cropt. comes thus eitin and distroyit, that thay produceit ane plentifull cropt ; yit petes and fyre wes veray scarss, throw want of seruandis Pyre scarss. to cast and win thame, and thir troubles in the countrie. It is said, whill this army is lying at Geicht, Johne Spens Johne Spenss Rothsay Rothesay herauld, wes send for be the laird of Dvn, or takin and S one me^ingeTjohn'e y aprehendit be him as ane antecovenanter ; as lykuaies Allaster anT^d^The honl Sandisoun, messinger, being doing his lauchfull efl'aires within the but offence - Mernis, wes, be the meinis of ane recanting Jesuit callit Abirnethie, takin, with ane Abirdeins burges callit Johne Gordoun ; and thay with Johne Spenss wes had, all thrie, to Dunnotter as antecove- nanteris, and wairdit in ane strait dvngeoun, put in the ironis, but 2 c '202 MEMORIALLS OF THE TRUBLES ony offens bot being the Kingis servandis. No comfort thay had of fyre or candle, meit or drink, or bedding, bot lay fast in the ironis, day and nicht, without sun schyne or licht of the hevins, and wes miserablie fed vpone broun bred and small drink during the space of 14 dayis, whill it pleissit the Lord to releive thame, as ye may heir- efter sie, folio 144. Thus wes the Kingis herauldis, messingeris and burgessis, cruellie demanit and abusit, without respect to the King or his lavvis. Doctor scropy preichis ^ is heir also to be n °ttit, that Doctor Scrogie, seing thir at old Abirdein. schippis cum to the road, he cam bak and preichit at his Oldtoun kirk vpone "Witsonday, who durst not be sein sen the 19th of Maij, sie more of him heirefter, folio . Ye hard, folio 131, how the army cam bak agane from Geicht to Abirdein, vpone the covenanteris aduertisment, who no doubt had gottin counsall and advyss be moyan of the Marques of Hammil- Tovking of drumis to toun, to reteir. Now, befoir the incuming of the army, Abirdein defend the incummg <,f ca i r f u iii e causit tovk drumis throw the toun, chargeing all maner of thir schippis, and to ' o o attend the incuming of man to be in reddiness with thair best armes to defend the incum- the army. ... , . ing of thir schippis lying in the road, and to attend the incuming of the army from Geicht, who cam in, as ye hard, about fyve houris at evin. Bot befoir thair incuming the toun of Abirdein, the toun Mr. Mathow Lumsden, send out to the road Mr. Mathow Lumsden and sum vther honest and vtheris send aboord. • • • j? j.1 J J i_ x it l men commissionens tor thame, to demand what thay war, and Thair commissioun. what wes the causs of thair cuming. The Lord of Oboyne gave thame no good ansuer, bot dismissit thame shortlie ; and in the Mr. Mathow Lumsden meintyme keipit besyd him the said Mr. Mathow Lumsden, becaus he wes ane knowne covenanter, quhill he gat libertie, sie folio 135. The Erii Marschaii The same Mononday that the army cam bak to Abirdein, the Erll leavis the army, and Marschaii left thame in the toun, and that same nicht rydis to rydis to Dunnotter. ' Dunnotter with sum few horssis. The army bydis still, Mononday all nicht, Tuysday, and on Wednisday trvmpettis soundis and The army gois south drumis tovkis, liftis thair army and beginis to marche south agane, Thay haue thair feiid carem g m thair company thair feild peices, quhairat the toune of Abirdein is giad Abirdein wes veray joyfull and glaid to be frie of thair quartering and charges, quhilk wes no small burden to thame. The nobles The nobles gois to Dun- _ ° . ... notter. rydis that nicht to Dunnotter, syne south, and scatterit thair army, ^ r e it covenant6ns a ' to the gryte feir and dreddour of the covenanteris within Abirdein ; ANNO 1639. 203 for prouest Joffrey, Patrik Leslie, Johne Leslie, the Burnetis, Thomas Mowat, Thomas Moortymer, and mony vtheris of that factioun, took all the flight fra the toune, ilk man for his awin Thay tak the flicht, saiftie, efter thay had first put thair goodis and best geir out of the hydst au g00dis - way. In like maner the Erll Marschall causit transport his haill goodis Marschall transports and geir out of his hous in Abirdein, sic as micht be transportit, to his g00dis t0 Du,,n0,ter - Dunnotter : bot his meill girnellis baid behind, quhilk wes weill Hisgirneiusarpiunderit ° of victuall. plunderit, as ye sail heir. This colzear schip with her pynnage, and two vther barkis, lyis still in the road, to whome went out of Abirdein diuerss ladeis and Diuerss ladeis and gentilwomen to sie and salute them, who war maid welcum, and re- l\^d. women g0is tui'nit bak agane saiflie. Vpone Thuirsday the sext of Junij, the Erll of Glencarne, the The Eriiis of Giencarne, Erll of Tullibardin, the Lord of Oboyne, the laird of Drum, the laird oboyn?Dr°m, Ferret, of Fedderet, the laird of Foverane, the laird of Newtoun, and an , d , vtheris ?ums a ' ' . ' schoir. thair followeris, cam a schoir ; with whome cam also the laird of Banf sore seik in the hot fever, and transportit in ane wand bed to Banf landis seik— he is Williame Cordineris hous in New Abirdein, and from that careit in convoyit t0 overan the said wand bed to Foveran, whair he lay still whill God send him his helth agane. Thair cam also a schoir crovner Gvn, with diuerss vtheris English CrovnerGvn and vtheris capitanes and officiares ; and immediatelie efter thair landing, the capitans an Lord Oboyn causis Robert Irving, ane of the tounes officiares, (be- causs nather herauld, pursevant, nor messinger could be found) go to the cross, and thair, as he had ordour fra the King, causis mak Prociamatioun maid at i .. r . • t ii i • ir ■ i ■ the cross of Abirdein. prociamatioun or ane lmprmtit paper, commanding all his Majesteis loyall subiectis not to obey the covenanteris maillis, fermes, nor The contentis thairof. dewteis, nor obligatioun debt, bot to pay the ane half to the King, and the vther half to be keipit be thame selflis ; that sic as wes threatned or persuadit to subscrive the covenant aganist thair will, vpone thair repentans, sould be remitted and forgiven ; and that ilk trew subiect sould cum in and subscrive the oath vrgit in Ingland, The othe to be sub- quhairof the tennour follouis : — I do faithf'ullie sueir, profess, and promeiss, that I will honor and obey my The copie of the oathe. Soueraigne Lord King Charles, and will bear furth ane trew allegians vnto him, 204 MEMORIALLS OF THE TRUBLES and defend and mantayne his royall pouer and auehtoretie ; and that 1 will not beir armes, or do ony rebellious act or hostill aganist him, or protest aganis ony of his royall commandis, but submit my self in all dew obediens ; and that I will not enter in any covenant or band of mvtuall defenss and assistans, of ony sort of per- sones, by force, without his Majesteis soueraign regall auehtoretie ; and do renunee and abjure all vther bandis and covenantis whatsumeuer, contrair to what I haue suorne, heirin professit and promesit, as help me God in Christ Jesus. This othe England. subscrivit in The Lord Oboynes livetennandrie procla- rait. The Lordisgois toFutty, ar convoyit, and soupis thair, syne gois aboord. Admirall Hammiltoun is thoeht long for. The Erllis tuke thair leive fra Oboyne. Lues Gordoun raisis men. Thair number. Four feild peices. Thay cum to Oboyne. Thay ar intertynneit in covenanteris housis. This othe wes imprinted at England, suorne and subscrivit by all the Kinges loyall subiectis thair ; quhairof the Lord Oboyne brocht ane imprintit double, to be subscrived heir in thir pairtis. Lykuaies, his Majestie haueing maid him livetennant in the north, in his fatheris place, (now lying in captiuitie) he causit evin then proclame the samen at the said marcat cross, beiring him to be liue- tennand fra the north water to Caithness. Thir proclamationis endit, the nobles wold stay no longer in the toun, bot cam doun to Futtie weill convoyit with sic of the tounes men as wes loyall to the King, with hagbut and muscat. The lordis sovpis in Futtie, and efter supper went aboord in thair owne schip boittis attending vpone thame, whair thay stayit that nicht, long looking for men from the Admirall Hammiltoun, bot none cam at all. Aluaies, the Erll of Glencarne, and Erll of Tullibardin, thairefter, within two or thrie dayis, took thair leive at the Lord of Oboyne in Abirdein, and de- pairted home. Lues Gordone, the thrid sone of the Lord Marquess of Huntlie, heiring of the cuming of his brother the Lord of Oboyne, with assureance of 3000 men to cum from the Admirall, he haistellie raises his fatheris ground, freindis, and followeris, men tennentis and servandis, who most glaidlie and willinglie cam with him. And vpone Frydday, the 7th of Junij, marchit in brave ordour, about 1000 men on horss and foot, weill armit brave men, with capitans, commanderis, and leidaris, trumpetis, drums, and bag- pipes, and to Abirdein cam thay to meit the Lord Oboyne, haueing also in thair company four feild peices of brass, quhilk thay brocht with thame out of Strathbogie. Thus agane is poor Abirdein brocht wnder subiectioun and quarterit ; bot the covenanteris being all fled thair houssis, thir men enteris and gettis good intertynnement fra thair vyfis, without ony pay. ANNO 1639. 205 The nobles cums agane on schoir to meit this company, with crovner Gvn and sum vther English captenis. Thay tak in both Abirdeins, and quarteris thair soldiouris. The Erllis of Glencarne Botli Abirileins ar and Tullibardin takis thair leive as said is. Johne Dvgar, with his lawles folloueris, wes in this company, and j Q h ne Dvgar is dis- lodgit in Old Abirdein in George Kingis houss ; bot he wes schortlie char s eit - dischargeit as ane renegat lymmar, bloodschedder, and murtherar, and in quhat soeuer company he wes, the same could not weill prosper, as wes most evident. Yit it is trew Lues knew nothing of his being in his company. The laird Drum send in the same nicht to the toune 100 horss, D ,. um sendis iM 1I1(J being Setterday. h " rss - James Grant, the sumtyme rebell, and now remittit, cums in this Ja mes Grant Cumis in. Setterday with his folloueris, and takis wp his lodging at Done syde in Patrik Lesleis houss. Donald Farquharsone and his hieland men cums to the toune. Donald rarqui.arsont Thir saulless lovnis plunderit meit, drink, and scheip quhair euer Gryt piunderaris. thay cam. Thay oppressit the Oldtoun, and brocht in out of the The Oldtoun oppressit. countrie honest menis scheip, and sold at the cross of Old Abirdein to sic as wold by, ane scheip vpone foot for ane groat. The poor a m ■ scheip sold for ane men that aucht thame follouit in and coft bak thair awin scheip 8 " ' agane, sic as wes left vnslayne for thair meit. The foirsaid Setterday, all maner of man within bothe Abirdeins chargit be tovk of drums to ryss in armes and serve the King, Charges to serve the vpone his Majesteis expenssis, wnder conduct of the Lord Oboyne mg ' his livetennand. This charge wes givin out at the Kingis direc- Tin- Kingis directioun. tioun, willing him, quhair euer he went, to raiss soldiouris vpone his expenssis, and gave ordour to Admirall Hammiltoun to give him moneyis for that effect. Bot nather man nor money cam as No man nor money cam the Lord Oboyne expectit, to his gryte greif, schame, and disgrace, 11 amn " ° Jn as ye sail schortlie heir. Yit the Lord Oboyne provit wyss in this point, he held still his colzear and pynnage lying in the road, how- The schip lyis in the soeuer the mater went, whill ye may sie, folio 141, and nichtlie r o number of nyne scoir brave gentilmen, (albeit thay had no footmen, except James Grant and his company, and the tounes men of both Abirdeins, becaus thay had scatterit at Cowie, as ye haue hard, and wes quiklie gathering agane, bot cam not in tyme to the defenss of the brig, as ye sail heir) better horsit, and more in number nor thay Thay st im to cum throw War of good horss. Thairfoir thay stringit wp thair horss company on the vther syde of the water of Die, making schow to enter the water and cum throw the samen, to persew the Lord of Oboyne on this syd the water, quhilk wes far fra thair mynd, and over oboyn rydis to meit haistellie beleivit be Oboyne. Quhairvpone he rydis wp the water leaves the syde to meit thir horsmen at thair cuming throw the water, and leaves the brig foolishlie with brave Johnstoun and about 50 mvskiteiris onlie, who wonderfullie stood out and defendit the same, albeit cruellie chargit both with cartow and muskat schot in gryte full assault. aboundans, quhilk wes moir feirfullie renewit, whill as the Lord Oboyne wes marcheing wp the water syde. At last brave John- johnstoun h.u t in ti.e stoun is vnhappellie hurt in the thie or leg, be the buffet of ane stonn throwin out of the brig by violens of ane schot, so that he culd do no more seruice. He haistellie callis for ane horss, and saves to his ANNO 1639. 211 soldiouris, " Gallantis do for your selffis, and haist yow to the toune ; " quhairvpone thay all with him self took the flight. Then may flic tra the brig. follouit in certane eapitanes, quiklie takis in the brig peceablie, and u takin in. Culloris kest out thair cullouris. The Lord Oboyne, seing thair horssnien ,I ' M ' I ,> ' stay vpon the vther syd of the water, and not cuming throw the oboyne is deceavit. water as thay seimit to intend, and with all seing thair cullouris h« takis the tucht also. vpone the brig, takis the flight schamefullie, but straik of suord or He had „ . ,>. ony vther kynd of vassallage ; for he and his horssmen lay wnder bankis and brayis saiffing thame selffis fra the cartow, and beheld the Abirdeins men defend the brig, as ye haue hard, quhilk wes pitifullie loist by the ingoing of the soldiouris to Johne Forbes The causis of loissing buriall, as ye haue hard, and by the Lord Oboyne his leaving of the tbis bng " samen, and chieflie by the vnhappie hurt whiche brave John- stoun receavit. It is said our Abirdeins men wes praisit, evin of Abirdeinis men brave thair veray enemeis, for thair seruice and reddie fyre. Thair wes stodrieTar siayne and slayne of tounes men the foirsaid Johne Forbes, Patrik Gray, hmt " n syd,s- Dauid Johnstoun, Thomas Dauidsone, and sum vtheris hurt and woundit. Amongst the rest, [John] Seytoun of Pitmedden, a ane brave gentilmen, wes suddantlie schot ryding wp the water with the Lord Oboyne ; and on the vther syde, ane brave gentilman callit [Andrew] Ramsay, brother to the laird of Balmaine, and sum vtheris hurt and woundit. 1 ' The brig is takin in vnfortunatlie vpone the Aboyns freindis was • » T ■• i « p i • • cuming, bot turnit bak. 19th or Junij, about lour etternone, quhair as support wes cuming that same nicht of Aboynis freindis, bot heiring of the wynning of the brig, cam no forder nor Leggitisden, syne disperst and scatterit. Aboyne takis the flight, takis the lairdis of Purie Ogiluy and Purie Aboyne fleis, sendis Foddringhame out of Abirdein, his awin prissoneris, whome he Foddringhame frie bak had takin abefoir, and sendis thame bak to thir lordis saif and llsane sound, frielie bot ransoum. Few follouit the chace, so that Aboyne Aboyne is not tar follouit. his freindis and follouens gat no skaith. The confedderat lordis mellis with the Marques four brassin The Lordis taks the peices, and with thair owne- tua cartowis, cumis to Abirdein with arqueSb ' rasln peu 1 The death ot' this cavalier is com- vol. ii., pp. 136-138. Edin., 1828, niemorated in the ballad, ' Bonny John 8vo.) Seton.' (P. Buchan's Ancient Ballads b See Gordon's Scots Affairs, vol. ii., and Songs of the north of Scotland, p. 27'J. 212 MEMORIALLS OF THE TRUBLES Cums to Abirdein in sound of trumpettis, displayit cullouris, and touking of drumis. Th^covenanteriY ar As the army merchit, the haill covenanteris wes blyth, and the ™. y,h - ... . royallistis alss sorrowfull at this sicht, who for plane feir fled the The royallistis sorrow- J full, who, with thair toun, with thair wyfis and children in thair armes and careit on wyvis and children, fleis t _ " t ••/> li- the toun with wofuii thair bakis, weiping and mvrning most pitifulhe, straying heir and thair, not knowing quhair to go. Thus war thay sore distrest for the love thay had to the King, and now for following Aboyne. Thir nobles takis in the Thir nobles takis in the toun, mellis with the keyis of the portis, toun, me hs with the jjirkis, an( j tolbuith, quarterns thair soldiouris and settis watches. The touns people ar and send for the tounes people that had fled, chargeing thame be chargit to return,- bak. o ^ drum to returne to thair houssis, promesing thay suld get no wrong. Quhairvpone sum returnit, wtheris wold not, bot hid thame selfis heir and thair in the countrie. sum footmen quarterit Thair wes sum foot men of this army who had frie quarteris in The'eovtnanteris cropis Abirdein at this tyme ; and all the covenanteris now proudlie the caisey. cropis the calsey, glaid of the incuming of the army. The army is quart, Tit. Efter quartering in both Abirdeins, the soldiouris immediatlie maid serche for sic mvskiteires as servit aganes thame at the Brig 4 8 touus men ar bound of Dee, and fand about 48 cavilleires, brave fyre men, whome thay w"ni handiit. * " d " ' causit bynd be the gardeis with towis in disgracefull maner, and brocht to the tolbuith, quhair that nicht thay gat nather meit, drink, fyre, nor candill, nor bed ; and watchit the tolbuith for that effect. petmedden and Ramsay Vpone Thuirsday, 20th Junij, the nobles went and took wp the " " ith lame " ta cor P is of Petmedden and Ramsay both ; and ilk man wes bureit in the kirk of Aberdein, be thair owne freindis, with lamentatioun. Thair wes ane deid volie schot be the soldiouris for thair owne man wiiiiame Erskyne rak- Ramsay at the old kirk dur, quhair Williame Erskyne, brother to leslie schot deid. . . . * the laird or rettodrie, wes suddantlie schot deid throw the heid, standing amongst the rest; quhairof neuer word nor tryell wes gottin, quhilk wes thocht mervallous, bot indeid he wes a wilfull malitious covenanter. Ane counsaii of warr. Thairefter, the nobles gois to ane counsall of warr, (heiring cer- Thay knew of ane treat- tanlie of a treattie past betuixt the King and his subiectis at Ber- vik quhairof thay had knoulege befoir the intaking of the brig, as pynis Abirdein in 6000 wes said), fynis Abirdein in 6000 merkis, quhilk wes presentlie payit, lovsis the tounes menis gardeis, who wer knyt tuo and tuo ANNO 1639. 213 togidder, and setis thame to libertie vpone the same Thuirsday. Lovsis thi toons mens The toun wes saiffit on plunderit by payment of this soume." ubertle " ' S "" Vpone the morne, 21st Junij, ordour wes givin for transporting T he cartowis and brassii south the tua cartowis and Marques of Huntleis four brassin fcild ' 1 south " peices ; deliuerit the tounes keyis to the maiestratis, and marchis The touns keyis n the same day south agane ; quhairvpone the rest of the honest men irhay marche, an and wemen, who had fled, returnis glaidlie to thair awin houssis in I"",',',',,,. 1 1 " P ' Abirdein. The Lord Aboyne, seing this army gone, and no appeirans of help, Aboyne getis no help of as he daylie expectit, fra Admirall Hammiltoun, vpone the 26th the Admtral ■ of Junij boitis at the Sand Ness, and gois aboord in his awin scbip He se hipis and (who all this tyme wes lying in the road attending his seruice) with v *i S ei jf e '. and 10 "' e King the rest of the English captanes, and traittour Gun also, and to Crouner Gun a trait- Bervick gois he ; for it is most certane this crouner Gun deceavit ' Aboyne, (whose counsall the King had commandit him to follow) by persuasioun of the Admirall, as wes said, a gryte favorit of the covenant, sie moir of Gun befoir, folio 136. Ye sie befoir, folio 130, of the Kingis cuming and his army to The Kingis with his. Bervick. The Scottis army at the same time cam to Dunss, four ^he scottis arniy a< myllis fra the Kingis army, quhair thay lay incampit, estimat in I "' nss horss, foot, bag and baggage, to about 20,000 men, with brave Thair number, < . : capitens, officiaris, and commanderis, quhairof Leslie wes generall, and l """ n m(U ns furnishit with store of ammunitioun, pulder, ball, and good armes. Now, bothe armyis being incampit within 4 myllis to vtheris, the a 21st Junii, deburst to the Erie Mar- Item upon a vvarrand to Ardlogie to sheall and Montrose soiours, at command pay his horss charges, 20 0 „ ,, , . 1V -.i i e i n Item deburst to James Crmkshank. of the baillies, with adwyse of the haill quhUk he debm . st to my Lord toun, for savcing the town from plunder- oboynes company, wpon baillie ing at the intacking of the brig of Leslie's warrands, viz.. to Balveny Y) ee . . . £4000 0 0 ten punds, to James Hamiltoun. Other entries in 'the treasurer's accounts cannonier, four punds ane sh., to . . , ... ^ Cocklarachie sewin punds tua sh., for this year show the impartiality with willeam Moir, in Caskieben, 26 sh., which exactions were levied from the to Innermarkie sewin punds sex- town by all parties : — tein sh., to eapitan Car and his Item to Alex r Chalmer, for furneshing ma- livetenent sex punds, to capiten terialles to my Lord Oboynes cannones, Elleis sex pund, to Thomas Gor- upon the prouests warrand, . £8 2 0 don sex punds, is in all, 54 G tl item to Alex 1 ' Rutherfurd, deburst be (Treasurer's Accounts, 1638-39.) him on my Lord Oboynes soiouris, 10 15 0 Item dehurst upon a warrand of the magistrates, for quartering the Gordones 22 13 0 2 1 4 MEMORIALLS OF THE TRUBLES. pptitioun Scottish humelie desyrit his Majestie to appoint sum of the English l to heir thair humill desyres, whiche his hines gratiouslie grantit. Then our Scottis wes desyrit to put in thair demandis in writting, quhairof one wes, that his Majestie wold ratefie the actis of the lait assemblie holdin at Glasgow, in the nixt ensewing parliament. ti, c King commandit t.» The King craveit to wnderstand, by wreit, the groundis and thair rn.vn.iis in ressonis of thair desyres. The Lord Lovdon (who wes ane of our imes of our scottis Scottish combinatouris, commissioner, with the Erll of Rothass, oomimssioneris. chosin for the nobles, Schir James Douglass, schiref of Tevedaill, commissioner for the barronis and gentrie, John Smyth, bailie of Edinbrugh, commissioner for the burrowis, and Mr. Alex r Hender- soun, minister at Levcharis, commissioner for the clergie), said thair desires wes onlie to inioy thair religioun and liberteis accord- ing to the ecclesiasticall and ciuill lawis of this kingdome, and in cleiring particularis thay wold not insist vpone any that war not such ; quhilk his Majestie desyred him to sett doun in wreitting, whiche he did in these subsequent wordis : — Thair .lesyris, religioun Memorandum. That oure desyres ar onlie the inioying of our religioun and and liberteis, &c, set liberteis, according to the ecclesiasticall and ciuill lawis of his Maiesteis kingdome ; duun in wreit. # ° j o to cleir, by sufficient groundis, that the particularis whiche we humelie crave ar suche, and sail not insist to crave any poynt whiche is not so warranted ; and that we humelie offer all ciuill and temporall obedienss to your Majestie, whiche can be re- quired or expected of loyall subiectis. Signed, Lovdoun. The King thocht thir Quhairvnto his Majestie most willinglie condiscendit, as most ressonable groundis, foundit vpone the lawis of the kingdome, bot .\iuche poysoun lurkit wnder this fair generall lurked muche poysoun and gryte blood j! e "; , ... , ,, sched, wo, and wrack throwout the Kingis haill dominionis, throw Irryt trnlms fnllouit. ' ' © ' interpretatioun or misinterpretatioun of our lawis, to his Majesteis heiche displesour, he not seing the combinatouris subtill intentioun both in churche and pollicie, yea, and aganist his royall prerogatiue, as heirefter is schortlie nottit in this discourss. This memorandum is Aluayis, the foirsaid memorandum being the ground of the agrie- ment, it wes brocht to ane conclusioun vpone the 17th of Junij. The King setis out ane And of that same dait the King setis out his declaratioun conforme to these groundis, whiche wes weill accepted by those whiche cam in ANNO 1639. 215 name of the covenant, with humill thankis to the King for doing of it is weiii acceptit, « the samen, and giving ane ansuer to thair petitioun within the said than 18 declaratioun, whiche wes fullie agreit vpone, togidder with sindrie articles by all pairteis. The pacificatioun thus concludit, the articles Tlx paci on both sydis war to be performit accordinglie. Those on the Kingis pairt war in the declaratioun following : — We, haueing considderit the paperis and humill petitionis presented to ws by Tin Kingis d< these of our subiectis of Scotland, who were admitted to attend our plesour in the ,tl "" g " camp, and efter a full heiring by our self of all that thay could say or alledge thairvpone, haueing comvnicated the same to our counsall of bothe kingdomis there present, vpone mature deliberation, with ther vnanimous advyss, we haue thocht fit to give this just and gratious ansuer: That thogh we cannot condiscend to ratifie His ansuer, refuising ti and approve the actis of the pretendit generall assemblie at Glasgow, for mony grave emtii and weehtie considerationis, whiche haue hapnit both befoir and since, muche import- ing the honour and securitie of that trew monarchicall government lineally discendit vpone ws from so mony of our ancestoris ; yit suche is our gratious plesour, that, notwithstanding the many disorderis committed of lait, wee ar pleasit. not onlie to confirm and mak good whatsoeuer our commissioner hath grantit and it* hydis i • . hat bis promisit in our name, bot also we ar farther gratiouslie pleissit to declair and assure, < :on,n " ss,0,K ' r hatn 1 that according to the petitioners humill desires, all materis ecclesiasticall salbe de- Materis ecclesiasticall to terminat by the assembleis of the kirk, and materis ciuill by the parliament, and hfeis'-'al^TiuU^materis vther inferior judicatoreis establishit by law; whiche assemblie accordinglie salbe ' v parliament and vihfr keipit once a yeir, or as salbe agreit vpone at the generall assembly. And for satling the generall distractionis of that our kingdome, oure will and Ane generall assemblie plesour is, that a trie generall assemblie be keipit at Edinbrugh, the sixt day of ^ ^bn,5h i «Vi, n ' 1 """ August nixt ensewing, quhair we intend (God willing,) to be personallie present, and August, for the legall indictioun quhairof, we haue givin ordour and command to our coun- sall ; and thairefter a parliament to be haldiu at Edinbrugh, the 20th day of August a parliament .' I 6 MEMORIALLS OF THE TRUBLES The Kingis gratiouss appeir that our intentioun of taking wp of armes wes no way for invading of our natiue kingdome, or to innovat religion or lawis, but raeirlie for the manteining and vindicating of oure royall auchtoritie. He myndis no altera- And since that heirby it dothe clcirlie appeir that we nather haue nor do intend lawis reh?lou " n °' an y alteratioun in religioun or lawis, but that bothe salbe mantayned by ws in thair full integritie, wee expect the performans of that humill and dutifull obediens, whiche becumeth loyall and deutifull subiectis. And as in there seuerall petitionis thay haue often professit, and as we haue just ressoun to beleive that our peciabill and His solempne pi-otesta- weill affected subiectis this wilbe satisfactory, so we tak God and the world to tioun efter his said de- -^ness, that what soeuer calamiteis sail insew by our necessitated suppressing: of the claratioun. . . insolenceis of suche as sail contynew in thair disobedient courses, is not occasioned by ws, but by ther owne procurement. Articles of pacification. Efter his Majesteis declaratioun thus expressit, follouit the articles of pacificatioun tending thus, whiche war agreit vpone : — 1 . First the forces of Scotland to be disbandit and dissoluit, within 48 houris after publicatioun of his Majesteis declaratioun, being agreit vpone. 2. His Hines castellis, fortis, ammvnitioun of all sortis, and royall honoris, to be de- liuerit efter the said publicatioun, so sone as he sould send to receave thame. 3. His Majesteis schipis to depairt presentlie efter delyverie of the castles, &c, with the first fair wynd ; and in the mein tyme no interruption of trade or fishing. 4. His Majestie wes gratiouslie pleissit to caus be restoirit all persons goodis and schipis detayned and arrestit since the first of November then last past. o. No meitinges, treattinges, consultationis, or convocatioun of any of his Majesteis leiges, bot suche as ar warranted by act of parliament, 6. All fortificationis to desist, and no farder wirking thairin, and thay to be re- mitted to his Majesteis plesour. 7. To restoir to everie one of his Hines good subiectis thair liberteis, landis, houssis, goodis, and meinis whatsoeuer, takin or detayned from thame by quhatsoeuer meinis since the afoirsaid tyme. Vpone Tuysday 18th Junij, the foirsaid declaratioun and articles of pacificatioun were signed at the Kingis pauilioun by these for Scotland ; who also signed another paper of submissioun to his Majestie, as follouis : — In the camp, 18th Junij, 1639. In obedienss to his Majesteis royall conimandis, we sail, vpone Thuirsday nist the ANNO 1639. '20th of Junij, dismiss our forces, and immediatlie thairefter deliuer his Majesteis castellis, &c. ; and sail euer in all thingis cary our selfis like humill, loyall, and obedient subiectis. Sic subscribitur, Signed, Rothass Douglass Dunfermling Alex. Henrisone Lovdon A. Johnstoun. The Scottis comissioneris did likuaies condiscend, that his The Kingis declaration Majesteis declaratioun sould be red and publisbit in thair army; whicbe, by Lyoun, king of armes of Scotland, vpone the 20th of Junij, wes done in presens of sum comissioneris quhom the King sent to sie publishit. Aganes the quhilk (contrair his Majesteis Protestatiouns maid expectatioun) protestatiouns wes maid, as ye sail heir, folio 145. Now, materis in the way of satling, his Majestie desyrit, befoir The King desyris sum removeing of the army fra Dunss, that sum of the Scottis nobles "um'tohta/* 6 " 8 l ° and vtheris, men off note, sould cum and confer with him at his camp, quhilk wes plainlie refusit by the covenanters ; quhairat It is refaisit, quhairat his Majestie took heighe offens. Aluayes, thay alledgit sum he imd^'aus^ offendlt ' a * ressones, quhilk wes send up in wreit, as heirefter do appeir, folio 148. In the meintyme the Marques of Huntlie, and his sone the The Marquess of Lord Gordoun, and sum vtheris who war wairdit in the castell of se™toiibertie^ 1S S ° De J ' Edinbrugh, ar put to libertie. The Marques places his virgin n e places his docht. n. dochteris in the place of Seytoun, with his cusing the Erll of Wen- toun, syne rydis with his sone to the Kingis camp at Bervik, sie Rydis to the King, moir, folio 153. Robert Keith, writar, who wes takin and had to Bervick, as ye Robert Keith set fne. haue, folio 135, is set to libertie and send home; quhairvpone the Erll Marshell releivis Johne Gordoun, Jobne Spens Rothesay Joime Gordoun, joime herauld, and Allaster Sandysone, messinger, most vniustlie im- SMdysou^sotfrief" prissonit and cruellie handlit, as ye haue, folio 131. Now thair is gryte preparatioun for chuseing of ministeris and Ministeris and reuiiing reulling elderis, commissioneris to the generall assemblie, to be ^Zuerl* Ch ° sin c ° n " holdin at Edinbrugh the 6th of August nixt; bot none except knowne covenanteris wes chosin throw all the presbitreis of Scot- land. Amongst whome, our presbitrie of Abirdein, vpone the 25th of July, electit Mr. Dauid Lyndsay, persone of Balhelvie, and Mr. Commissioneris for the Androw Abircumy, minister at Fyntray, wes chosin thair commis- presblt,y of Abirdein - 2 E 218 MEMORIALLS OF THE TRUBLES sioneris, with the Erll of Kingorne, now heing in this countrie, to be a reulling elder, becauss he had the landis of Balhelvy pertening to him within this presbitrie, yit had nather duelling place nor houshold remaining within this diocie, yit he is thus chosin, being a gryte covenanter, a reulling elder for the presbitrie of Abirdein. trenerall Ruthuen The King lyis still at Bervick, makis Generall Ruthven capiten ETinbru°g f h. thecaSteUof of the castell of Edinbrugh, whiche wes deliuerit to him with the The royaii ornamentis royall ornamentis, viz., croun, suord, and scepter, to be keipit with- deliuerit - in the said castell. The couenanteru dis- The covenanteris disbandis thair army at Dunss, yit not fullie, bands thair army. ag y e ga u jj e j r am0 ngst the Kingis regraitis. Aluaies, the King The King disbandis his disbandit his army treulie, both be sea and land. And the Admirall Hammiltoun, who had gottin directioun to land forces to defend Admiraii Hammiltoun Abirdein and the north, as ye haue befoir, folio , yit he obeyis not msTraltterous pro- directioun, bot lyis still in Forthe, haueing secreit confeirens with cedure aganis the King. fa e no bles of the covenant nicht and day, quhairof the King had nather knouledge nor suspitioun ; yit he reveillit the Kingis pro- iectis and secreitis, haueing too muche his eir, as wes thocht, at all His gryt poiiicie. occasionis to the covenanteris, of whome also most pollitquelie Haidis both in hand, he maid his awin vse, and held both the King and thame in hand ReveMis the Kingis for his awin endis, not yit knowne ; bot sure culd neuer haue power to act any thing contrair the covenanteris, becauss he reveillit all, Armisthe covenanteris. quhairby thay war armit aganist all dangeris ; whiche bred much Bred muche sorrow troubill, sorrow, and dulefull calameteis throw out the Kingis haill deauTng" traitterous dominionis, whiche, if he had bein trew to his maister, as is said, micht haue bein wyslie and esellie supprest in the begining ; bot He spendis the Kingis heir I end. Admirall Hammiltoun haueing gottin 13000 li. sterling fra the King for this fruitles expeditioun, he spendit and spairit as cumis to Bervik, makis he pleissit, cums to the King, lying at Bervick, makis wp a compt w P ane feingzeit tompt. ^ expenssis to his thesaurer, and gives in 2000 lib. quhilk he The King maks him alledgit wes vnspendit, bot keipit the rest to him self. The King doingS.' and aproves his approvit his doinges, and thocht his doinges good seruice, quhairin he wes michtellie deceavit. Sie moir of Hammiltoun, folio 151, who gat his owne revaird. The KiDg getis no per- In the meintyme, the King, lying still at Bervick, perceavis the formans of the articles , • i p n^ii ii • j. e xi j.- 1 c -n following. covenanteris slow to fullfill thair pairt or the articles or pacinca- ANNO 1639. 219 tioun, and seis sum vther disorderis on luikit for besydis, quhilk he Muche to be considderi setis doun in wreit as follouis, viz. : — 1. First he alledgit that the covenanteris did mak ane protestatioun aganist the publicatioun of his declaratioun befoir thair army at Dunss. 2. That the forces of Scotland raisit aganes him self wes not disbandit within 48 iiouris, bot for sum tyme keipit in bodie sum forces, and held in pay thair officiares. 3. That full restitutioun is not maid of his Majesteis fortis, castles, and amvni- tiounis ; and the fortificationis of Leith etandis intcirlie, albeit the King commandit to cast thame doun. 4. That thay keipit vnlauchfull meitingis at tables, conventicles, and consulta- tions, efter the 20th of Julij, quhilk day the monethis tyme, gran tit be the King to meit and consult vpone releif of thair mvtuall burdinges onlie, and no vther state materis, wes expyrit ; quhairin thay dayly vex and trublc sic as do not adheir to thair rebellious covenant and preteudit assem- blie at Glasgow. 5. Whair as all fortificatiouns biggit, but his warrand, war referit to his plesour, whidder to stand or be demolishit, and that he commandit thame to be cast doun, yit no obedienss givin thairto. 6. None of his Majesteis good subiectis hes gottin thair goodis, nor dar haserd home to thair awin houssis at full libertie, be ressone of the covenanteris fury, animated thairto by the said protestatioun and seditious sermonis ; and that they ar thretned with the loss of thair lives, incace thay sail re- pair to thair awin dwellingis. 7- Sevintlie, quhair as it is declairit, that his Majestie did not approve the lait pretendit assemblie at Glasgow, yit, contrary to his Hines plesour, thay press the subiectis to subscrive the approbatioun thairof, and to sueir the samen. 8. Whair as it pleissit the King to grant ane frie assemblie, expecting a choiss of sic comissioneris as micht stand with his Hines auchtoretie, thay pervcrtit his subiectis by anticipating thair votes, in making them sueir to and sub- scrive the actis of the pretendit assemblie holden at Glasgow, and making those of suche commissioneris (and no vtheris) as adheirit thairvnto, and by othe war bound to mantane the samen. And forder deterrit otheris whome his Majestie callit to the nixt assemblie be his lauchfull warrand, thretning thame with the loiss of thair lives if thay repairit thither. 9. Thay brand his good subiectis that adheiris to his Majesteis seruice with the vile aspersioun of traittouris to God and thair countrie, threatning to pro- ceid aganist them with censuris accordinglie, as thogh thair serving the King war tressoun ; quhair as his subiectis ar bound to ryss and assist him, wnder the pane of tressoun. 220 MEMORIALLS OF THE TRUBLES Lastlie, thair protesting that all memberis of the college of justice and his Hines leiges war not to attend the sessioun, and that all actis and decreitis salbe null, taking his royall pouer out of his hand, who micht onlie command his subiectis to attend the sessioun or discharge the samen. The King sendis thir articles with the Lordis Lyndsay and Lovdoun to the covenanters. Thay cum to Edinbrugh, getis thair anssuer with sum ressonis, and bringis to the King with sum greivances, alledging the King keipit not con- ditionis, most falslie. Ansueris and ressonis. It pleisit his Majestie to send thir miscontentmentis in paper with the Lord Lyndsay and Lord Lovdon to Edinbrugh, and to re- port the combinatouris ansueris to him in wreit, with thair ressonis why the nobles and vtheris whiche he send for in particular cam not to his Majestie, according to thair bound deutie. Thir Scottis commissioneris takis thair leive fra the King at Bervick, and cam to Edinbrugh, and deliuerit to the Table the foirnamed disorderis, quhairvnto thay maid ane ansuer schortlie in wreit, with ressonis why the nobilmen sould not haue cum to him at Bervick as he de- syrit, and send the samen paperis with the saidis Lord Lyndsay and Lord Lovdoun to his Majestie. Of the quhilkis ansueris and res- sonis the tennour follouis, besydis certane greivances whiche thay send likuiss to his Majestie with the saidis ansueris, so as the King alledgit, and that iustlie, that the pacificatioun wes not keipit on thair syde, so vniustlie it wes alledgit by them the King keipit not conditionis contenit in the said treattie, as in thair greivances pro- portis, quhilkis with thair ansueris and ressones follouis : — 1. And first, it is denyit that ony protestatioun wes maid aganist his Majesteis gra- tious declaratioun of the pacificatioun ; bot on the contrary, both at Dunss and Edinbrugh, publict thankis giving, with ane declaratioun that we ad- heir to the generall assembly. 2. Secoundlie, it is ansuerit the samen is obeyit by the Generall his surrender, whiche he had preast mony tyms befoir. 3. Thridlie, the cannonis whiche war at Leith ar deliuerit to the castell of Edin- brugh, togidder with the mvscattis ; and as for the ball, thay ar lying still on maid vse of. 4. Fourtlie, it is denyit that ony vnlauchfull meitingis ar keipit, bot suche as ar warranted by act of parliament ; and althogh we must adhere to our most necessar and lauchfull covenant, yit, to our knouledge, none hes bein vrgit to subscrive it. 5. Fyftlie, the fortificationis salbe demolishit with all convenient diligenss. 6. To the Sext it is denyit. 7. Sevintlie, we know none of his Majesteis good subiectis who ar now detayned ANNO 1639. 221 or thretned, nor do we allow that ony sould be troublit, and if any feir them selfis, thair is ane ordiner way of justice whiche they may vse. 8. To the Eight, it is denyit, becauss to our knoulege no suche exceptioun hes bein maid at ony tyme of the electionis. 9. To the Nynt, it is denyit. LasUie, thair wes nothing protestit aganis the sessioun to infer any clame that any subiect, or all the subiectis, hes pouer to hender or discharge thame, bot onlie inrespeet of the tyme, for nather the lordis culd attend, nather had pairteis thair wreitis in reddiness to persew or defend. Thay behovit to protest for remeid of law, if any thing sould be done in thair preiudice. Besides thir ansueris (whiche the judicious reidar may esellie perceave whidder ressonable, to eleid his Majesteis just greivances or not) thay eik thus : — As we ar most vnwilling to fall vpone any question whiche may seim to import A ridiculous massing the leist contradictioun with his Majestie, so, if it had not bein the trust whiche we peice. gave to the relatioun of our comissioneris, (who did impairt to ws his Majesteis gratious expressionis relaitit daylie to ws at Dunss, and put in not by many of oure number, whiche war ane gryte deall moir satisfactorie to ws then his writtin de- claratioun), the samen wold not haue bein acceptable, (whiche did call the assembly pretendit, oure humill and loyall proceidingis disorderis, oure courses disagrieable to monarchicall government) nor the castell of Edinbrugh randerit, (whiche wes onlie takin for the saiftie of the toune) simplie without assureans by wreit of thair indem- nitie, except for the trust we repose in thair religioun, and confidens in his Majes- teis royall word, whiche we beleive thay did not forget, bot wold bring these who adheir to the treatty to ane right rememberans thairof ; whiche paper wes onlie writtin for that causs, lest either his Majestie or his subiectis sould averr that thay spak ony thing without warrand. Efter this, cam to his Majestie, with thir same ansueris, ressonis for staying of the noble men, as follouis in thir wordis : — Sum few of the rnony ressonis, for staying of the noblemen and vtheris (named by his Majestie) from repairing at this tyme to the court of Bervick. His Majestie hath not bein in vse, at ony tyme of the grytest securitie, to call ony of his subiectis out of the kingdome efter this sort, as at this tyme whiche is so full of feir. To call so many of suche nott, without ony command or warrand sent to them selffis, seimis strange ; and may we not say, it wes never his Majesteis royall fatheris vse and wont to do so wnto ws, since his going into England, to this day. Althogh his Majesteis declaratioun at Dunss (contrair to our mynd and merit) did Brave ressonis. 222 MEMORIALLS OF THE TRUBLES call the lait assemblie ane pretendit asscmblie, our humill and lauchfull proceidingis disorderis, oure courss disagrieable to monarchicall government, and did threatten ws with the terrouris of his wrath ; yit our desire is to leive ane quyet and peciabill lyf wnder his Majesteis government, and our zeall to his Majesteis honor, (althogh with sum aspersionis put vpone ws befoir the world) moveth ws to receave thame, be- cause of diuerss gratious expressionis, related from his Majesteis mouth by our com- missioneris, whiche we did heir glaidlic, and did not diligentlie for our contentment, Nota and that we micht be able to satisfie vtheris, and without whiche the articles of Heir is grytbost. pacificatioun had never servit for the begining of peace; yit we now wnderstand Vntrew. that all or the grytest pairt of these expressionis verball ar denyit, quhilk makis our Strange conceatis. hope to vaver, giveth ws gryte causs of jelousie, and moveth ws to call in questioun all the reportis maid to ws from his Majestie. His Majestie knoweth that what is so instantlie pressed at this tyme wes none of the articles agreit on at that tyme ; and if (besydis restitution of goodis, randering of the castell, and dissoluing of the army), it had bein then requirit that these 14 sould be send to the camp at Bervick, the conditioun had bene harder then that we could haue yeildit vnto, becaus we can- not judge the myndis, intentionis, and dispositionis of hairtis, bot by that whiche we The King is soir censurit heir with oure eiris, and dotheapeir in actioun. We desire to be considderit, that all most boldlie our expressionis of fauoris ar put vpone our aduersareis ; thay callit his Majesteis good subiectis, and thair practeisis his Majesties seruice. Vpone the contrair, haill volums ar spred, (and euer since the treattie of peace) put in all handis aganist ws, not onlie stuffit with suche reproachis aganist almost the haill kingdome, (and parti- culate aganist the persones now send for, that it war ane dishonor for the King to haue suche ane kingdome, and a schame to be set over suche subiectis, as we ar discryvit to be) bot also conteining vowis and thretninges of examplarie pvnishment sillie reasons vpone suche as we ar reported to be ; that the troubles in the north pairt of the kingdome ar not yit ceassit ; that the garisouns ar keipit in Bervick ; that the castell of Edinbrugh is fortefeit and furneshit above any thing that hath bein hard at Thay seik a pley vpone ony tyme ; that sum bloodie and cruell wordis aganist the Scottis lordis haue bene overhard in Bervick, and whiche we could not haue beleivit, bot that it is testifeid by so many letteris send hither ; that our freindis and countrymen not onlie in Ireland, bot evin now in England, ar not onlie stoppit in thair trade, bot cast in prissoun, for thair modest refuseing to tak othes contrair to thair othe and covenant, whiche thay haue suorne in thair owne countrie ; a violens not vsit befoir the treattie of peace, and contrair to the lawis of natiouns, (the rule of commoun equitie) of doing that to otheris quhilk we wold thay suld do vnto ws, and to the articles of pacificatioun agreit vpone with his Majestie. These and other the lyke considderit, dothe so wirk vpone, that for the present (except we will do aganist oure owne hairtis, and deny our owne senses), we cannot give way to so many eminent persones to repair to Ber- The coDciusioun, beiring vick ; whiche we trust his Majestie will neither interpreit to be disobedient nor in- than stopping of the discreit, since we haue bein all cairfull to sie all the conditionis performit to the noblis . .... „ , ,, vttermost on our pairt ; and thair is not one of that number, nor of ws all, bot salbe reddy for our owne pairtis to give the most ample testimony of obedienss to his ANNO 1639 223 Majesteis commandment, and of our consciens of his Majesteis justice and goodness, as his Majestie sail reallie fynd (at his cuming) dureing his abode in the kingdome. For we ar assured, what hath bein committed be any, since the begun pacificatioun, contrail- to any of the articles thairof, hath proceidit from the dispositioun of the wicki^ iustrumentis about him, who ar enemeis of his Majesteis honor and oure peace, and hath bein the authouris of our wilfull diuisionis, quhilk we pray the Lord bring to ane happie end, by ane happie and euerlasting peace. Finis. With thir ressones, the foirsaidis Lord Lyndsay and Lord Lov- Greivances also brocht doun, commissioneris foirsaidis, brocht fra the covenanteris certane t0 the King ' greivances to his Majestie, to cullour the moir thair brak of deutie, quhairof the tennour follouis : — Greivances to be remonstrated to his Majestie. 1. The prouisioun laid in the castell extraordinarlie, as granadoes, potpeices, and vtheris, whiche ar offensiue and not defensiue. 2. Protectionis givin without payment of anuelrent. 3. Insolenceis committit in the northe. 4. Othes ministrat to Scotismen (especiallie skipperis and Scotismen merchandis, whiche is contrair to the law of nationis, and to the lawis of Scotland) will bring many inconveniences, stop the tred, and bring ane number of dan- gerous euillis. 5. Justice denyit to all these who do persew for thair just debt in England, if the pairtie sail alledge thay haue subscrivit the covenant. 6. Priuat menis out-fallingis and broyllis ar questionat as nationall querrellis. Finis. Heir it is to be considderit, first, The Kingis just desyres con- Notabene. tenit in his regraitis. 2. The covenanteris ridiculous ansueris maid thairto, conteining many minassing thretning speiches aganist the persone of his royall Majestie. And thridlie, Thair nachtie ressonis alledgit for with balding of the nobles vncum to the King, bakkit also with muche moir thretning. And lastlie, To considder the greivances givin in by them, whiche is no wayis comprehendit wnder the treattie of pacificatioun, as is formerlie set doun. The Lord Lyndsay and Lord Lovdoun haueine; presentit to his ^ „. ' * © ■ The Kms; veceaviuj/ thir Majestie thair ansueris to his Majesteis just desires, with thair P a P eris is offendit, and , , ii-T with ressone. ressonis and greivances aboue exprest, and haueing red and at lenth 224 MEMORIALLS OF THE TRUBLES perusit the samen, his Majestie waxt wroth thair with and becam impatient, finding, insted of satisfactioun quhilk he luikit for, he re- ceavit nothing hot idle fruitless ansueris, hakit with bitter thret- iie is bome doun by ninges. Bot this royal King wes secreitlie borne doun in this ex- trustit!" whomc ht peditioun, by the meinis and wirking of his disloyall deceaving courteouris, and sum of the English nobles, who wer lordis of his counsall, straitlie and privatlie bound to our covenanteris be that The^eiandestyne cove- dulefull clandestyne band and covenant, as he haue befoir, folio 43, acotis. and heirefter also, folio , quhairof the King had no kynd of knouledge ; thay still, efter hatching this trecherouss covenant, Thay go in vther handis going on in vther handis (tho secreitlie) both in Scotland and Eng- t or the Kingis overthrow. . ■. e T »-. . \ • a -\ 1 • 1' • T -l land for the Kingis overthrow, as heiretter do cleirlie appeir. Like Thair wirking poiiicie. as English and Scottis covenanteris had foirsein (befoir the Kingis cuming to Bervick) quhat to say and how to ansuer for concluding The King persuadit to of a pretendit peace, ending to thair owne endis. Like as, wnder yeild to thecovenanteris, !• •»«■• »• •) t t • t • i utie and uttiii, by wikit trust, his Majestie wes movit to condiscend peice and peice, and day by day, to give content to the covenanteris, by these English lordis of his counsall and wickit courteouris of our Scottis about The Marquess of him, especiallie of the Marques of Hammiltoun, privie to all thir Hammiltouns disloyal- , . , , , ... , . . ,. , „ ti«. plotis, and wold neuer reveill the samen to his gratious and royall maister, as in highest mesour he wes bound to do, bot held craf- tellie both him and the covenanteris in hand for his and thair owne privat endis and respectis ; albeit the King still lykit and loved this The Kio f g ivis him to Marquess, and gave him too muche credet; for the quhilk he also muche eredet, bot at . , ° . last he is «ardit gat his rewaird, as ye may sie at last, folio . The covenanteris maid Now, our Scottis covenanteris, being thus assured of England, micht boldlie do, speik, and wreit quhat thay pleissit to his Majes- tie without feir of censur or correctioun, as ye may perceave be thair paperis formerlie expressit. The King retumis to Aluayis, his Majestie fynding him self so vsit, without moir ado, London - or dealling with our covenanteris, vpone the 29th of July leaves Bervick, and to London he takis journey, efter sindrie nobles had The Marquess of takin thair leive, sic as the Marques of Huntlie, the Lord Gordon ; bot the Lord Aboyne went with the King. Sie moir of the Mar- ques of Huntlie, folio 156. missioneris spcikis with Heir it is to be reniemberit, that whill as the King wes at Ber- better. 1 " ' ° vick, Mr. Thomas Gray, ane of the balleis of Abirdein, and Mr. Huntlie takis leive. Sum Abirdeins com- ANNO 1639. ■>•>:, Patrik Chalmer, schiref clerk, wes send coramissioneris fra Abir- dein to his Majestie, to schaw how thay war doun and oppressit be the tyrrannie of the covenanteris, for thair byding treulie be the King, and to humelie desyre him to tak sum speidie courss for thair saiftie and protectioun. His Majestie hard them patientlie, and lamentit thair vsage, bot could not help them at this tyme, and so thay returnit comfortles home, as ye haue, folio 159. a This suddant depairtour of the King with sic greif and miscon- The Kingis good sut>- tentment bred gryt feir in the hairtis of his loyall subiectis standing traMe. < "" S * orrow a ' to his opinioun, luiking for trubie, sorrow, and vexatioun, as sure- lie at lenth cam to pass. Throw gryte apeirans of thir trubles, thair wes no maister act no maister act at keipit in either of the Abirdeins at Lambes, as wes vsit befoir ; bot Larabes- thair young scolleris wes maid maisteris befoir tyme. Gram- Collegia and scoollis mer scoolis, song scoolis, and vther scoolis givin wp, and the barnes cass "' " P had hame to thair parentis. No lerning at all, feiring alteratiouns and trubles to cum, as cam indeid, sie folio Vpone Sonday 4th August, fast and prayer throw all Scotland, Fast and prayer, and both Abirdeins had the like, for a blessing to the nixt ensewing generall assemblie. About this tyme, the bischop of Ross wyf liftis hir houss, haill The bischop of Ross n f t i . n /~n c t% ii -it «yf gois to hir husband iamehe, goodis and geir, fra Chanonne ot ftoss, and be sea sailhs to hir husband, becaus he being in England wreit for hir. Vpone Sonday 11th August, Doctor Ross, ane of the ordiner Doctor Ross deceisis ministeris at Abirdein, depairtit this lyff in his owne houss. And likuaies Doctor Barroun, another of the saidis touns Doctor Barroun deceisi* ministeris, who had fled fra the covenant to Bervik, as ye hard a The commissioners presented a peti- who shew thame, in regaird of the ab- tion to his Majesty, which contained a sence of the Erie of Traquair, his thes- statement of the grievous exactions, which aurar, he culd not, for the present, give had been recently made upon them. On a determined answer to thair petitioun, their return, they gave a report of their but promeist, and gawe thame assurance proceedings to the provost and council, in that he shuld not be vnmyndfull thairof, which they stated, ' that some few dayes and of oure tounes sufferingis and lossis efter the giving vp of the said petitioun, for thair loyaltie in his service ; and suld thay gatt presence againc of his Majestie, giwe thame satisfactioun howsone he fand and after a short repetitioun made be convenient occasioun.' (Coun. Reg., thame of the effect and contentis of the vol. lii., p. 488.) said petitioun, they humblie supplicatt The commissioners' expenses amounted his Maiesties gracious answer thairwnto, to £299 5s. 8d. (Treasurer's Accounts.) 2 F 226 MEMORIA.LLS OF THE TRUBLES Lernit divyns. Weilbelouit. Doctor Barron sendis for his wyf. Sclio getis a pensioun. Liretennaud collonell Johnstoun gois to the King. Another fast keipit in Edinbrugh. The geuerall assembly sittis doun. The Erll Traquhair, commissioner. Mr. Dauid Diksone. moderatour. The covenant explanit. Episcopacy abiurit. Ane new covenant abolishing diuerss materis. The commissioner is not content. lie piotestis. befoir, folio , depairtit thair about the samen tyme. a Thir war tuo lernit divynes, who with sum vther Doctouris of Aberdein wold not imbrace the covenant, bot stood to the Kingis opinioun, as may be sein in thair demandis, ansueris, duplyis, and vther paperis set out be them and imprintit. Thay both war weilbelouit of thair flokis and people whill thay war on lyf, and efter thay ar deid havellie regraitit. Doctor Barron fynding him self havellie diseasit, send for his wyf, who haistellie went, bot befoir scho cam he wes deid ; and saw him honestlie bureit, and with muche sorrow sho returnit home. It is said the King ordanit hir to get ane pensioun out of the bischoprik of Orknay dureing hir liftyme. Ye hard befoir of liuetennand collonell Johnstoun, folio , how he wes hurt at the Brig of Dee. He now recoveris his helth, schippis him self, his wyf and goodis quyetlie, and to the King gois he, who (as is said) wes gratiouslie receaved, as he well deserved, for his stout service at the said Brig of Dee. Vpone Mononday [Sonday] 4th August, ane solempne fast keipit in Edinbrugh for the happie success of the ensewing generall assemblie, and a litle befoir the doun sitting thairof. Vpone Tuysday 12th [13th] August, the generall assemblie sat doun in Edinbrugh. Johne, Erll of Traquhair, cumis commissioner for the King, be his letteris patent. Maister Dauid Diksoun, minister at Irving, is chosin moderatour. The covenant maid in anno 1580 and 1581 is be this assemblie explanit, and declairit to be ane abiuratioun of episcopacy, and found to be vnlauchfull in our kirk ; and maid wp ane new covenant, beiring this explanatioun, that the book of commoun prayer, buke of cannons, buke of conse- cratioun and ordinatioun, hie commissioun, and articles of Perthe, sould be abolishit. Thair wes many vther actis and ordinances set doun in this assembly, quhilk heir is referrit to thair owne bookis. It is said the Kingis commissioner wes not content with thair pro- cedure, tending and incroching vpone the Kingis royall pouer ; in- respect quhairof, in the face of the said assemblie, he maid ane declaratioun and pro testa tioun, drawin wp in wreit, quhilk also wes a See Hist, of Scots Affairs, vol. iii., p. 89. ANNO 1639. 227 produceit in presens of the lordis of privie counsall and registrat in thair bookis, quhairof the tennour follouis : — Ane copie of the declaratioun, quhilJr the commissioner affcrmes to haue bein givin in to the secreit counsall, to be registrat in the buiJcis thairof, and whiche he requyres may be joinit to the act of counsall, granting the assembleis petitioun presentit to the clerk of the assembly. And siclike, the said lord comissioner pioducit, in presens of the saidis lordis, the The commissioneris seuerall declarationis he hes or is to subscrive to the actis of the generall assemblie, ^ciaratioun i regis ra in ° the huikis of counsall. concerning the annulling of the articles of Perthe, and abolishing episcopacie, and ciuill places of kirkmen within this churche, and concerning the confessioun and covenant, and desired the samen to be insert and registrat in the bookis of privie counsall, thairin to remane ad futuram rei memoriam ; quhilk desire the saidis lordis fand ressonable, and ordanit the samen to be registrat in the saidis bukes of privie counsall, quhairof the tennour follouis : — I Johne, Erll of Traquhair, his Majesteis commissioner in this assemblie, doe in his Majesteis name declair, that notwithstand- ing of his Majesteis owne inclinatioun, and mony vther grave and wechtie ressonis moveing him, yit suche is his incomparable goodness touardis his subiectis of this kingdome, that for giveing satisfactioun to his people, and for quyeting the present distractionis, he dois consent that the 5 articles of Perthe, the government of kirk by His C0IlSCnt t0 strange bischopis, ciuill places, and pouer of kirkmen, be declairit within this kirk as vn- alteratiouns within this lauchfull, as contrail - to the constitutiouns thairof. And I doe aluaies heirby declair, that the practeiss of the premissis, prohibeit within this kirk and kingdome, sail neuer bynd nor infer censure agonist the prac- tiseis out of the kingdome, as said is. And forder, I declair the word (occasionall) in the end of the act the 17th of August instant, wes nocht in the draught agreit vpone with me in presens of the counsall, bot wes thairefter addit in the assembly, without my knouledge or consent. Forder, I declair whateuer is allowit be me in this assemblie, is meirlie and onlie Nota. as ane act of this assemblie, without ony vther relatioun or respect quhatsumeuer. And becaus mony thinges haue occurit in this assembly whiche may concerne patronages, ather belonging to the croune, bischoprikis, or vtheris his good subiectis, and alss (by fynding pouer and places of kirkmen vnlauehfull) his Majestic may be preiudgit in parliament ; and lest heirby, or by any vther act, ciuill pouer and auch- tontie may be wrongit by my waikness, or not by my animadverting thairto, I de- His protestatioun. clair and protest that his Majestie may be hard for its redress in its owne tyme and place. And forder, I declair that quhatsumeuer commission or commissioner ar direct from this assembly, whiche may import or occasioun any vther meiting or Nota bene, conventioun of the subiectis, then the ordiner meiting of kirk sessionis, presbitreis, synodis, and suche like, as ar expresslie allowit by the lawis of this kingdome, that the samen is null and of na availl, and altogidder disassentit by me. Sic subscribitur. Commissioner Traquhair. 228 MEMORIALLS OF THE TRUBLES. Exception. ,akin It is said this assemblie took exceptioun aganis thir declarationis aganis the commissioner. . , , f , , and protestationis, and the commissioner him self, as ye may sie at the 38 chepdour of King Charles secund parliament. Aluayes, the assemblie ordanis thair actis to be red throw the pulpitis of Edin- brugh vpone Sonday nixt. Thay indictit also, but the Kingis Ane vther assemblie in- auchtoretie or his commissioner, ane vther generall assemblie to be haldin at Abirdein the 28th day of July nixttocum, in anno 1640, Thay dtssoiue. cloissis in peace and ryses wp vpone the penult day of the said moneth of August. How this parliament Ye may sie befoir, folio 142, how it pleissit his Majestie to indict and assemblie is indict- ,1 • 11 . ■. , •• , . P e( j this generall assemblie, and the subsequent parliament to follow therevpone, relatiue to ane treattie of pacificatioun drawin wp at Bervick befoir said. Conforme to the quhilk indictioun, the foirsaid generall assemblie sitis doun and rysis, as ye haue hard. The parliament sittis Now the parliament sitis doun at Edinbrughe the penult day of doun - August foirsaid, the Erll of Traquhair commissioner. The croun, Croun, suord, and 0 _ * scepter borne. scepter, and suord is borne befoir him. The nobles, barronis and burgessis, and thair commissioneris, rydis in wonted forme wp the get to the tolbuith. The parliament is fensit, and all sitis doun in No archibischop, order. Heir it is to be markit, no archibischop nor bischop, no register' heir nceler i;krk chanceler, no clerk register, is at this parliament, for all had fled the land and durst not compeir. Mr Alex r Gibsoune suppleit the clerk registeris place, as being his eldest deput. who saibe the 3rd ^ is heir long disput who sould haue the thrid estait, seing the bischopis war abolishit, and there could not be ane parliament with- out nulletie, wanting ane thrid estait ; quhairof the covenanteris wes most cairfull, that there proceidinges suld be good and lauch- full, not subiect to nulletie or reductioun. And first, as is alledgit, 14 men in the bischopis ft wes proponit that 14 men sould be chosin in the 14 bischopis place. ytho sail haue the Then it is questiound whidder the King, be his prerogatiue royall, eiectioun. sn \^ haue the electioun of this 14 men, or whidder the vther tua it gois to voceing. estaites sould haue the same. This queritur gois to voiceing, who „ . ... .. suld haue the electioun. Itfallis be pluralitieof voites, that the vther The 2 estaitis getis the r J eiectioun. ^ ua estaites, nobillis and burgessis, with the commissioneris for the barronis, sould haue the electioun for the 14 persones to the thrid . . estate. The commissioner makis oppositioun, and planelie dis- The commissioner . . . makis opposition. assentis thairto, making his protestationis in the contrair, craveing ANNO 1639. 229 at the estaitis convenit, so far licenss as to acquent his Majestie He aduertesis the King, with this particular befoir ony forder war done. Quhairvpone he haistellie wreitis to the King anent the premissis, and whill his Majestie send bak ansuer, the parliament sittis still. In the meintyme the Marquess of Huntlie (being duelling in the The commissioner his Cannoget, hauing his thrie virgin dochteris with him, Ladie Ann, HunTiy^f eh" *«? ° f Ladie Henrieta, and Lady Jean, and the Lord Gordoun at Strath- fy™>»" «»i»«-ri™ the bogie), cam to this parliament, whair in publict presens the com- missioner his grace, the said Marques, and the Erll of Kynnowll, sueir and subscrivit the covenant, as wes reportit, befoir ony vther thing wes done. Follouis ane complaint aganes the said Marquess, at the instans The Erii of Eroii com of the Erll of Erroll, being bot ane barne, throw wicked counsall, qlT ( "s mXk.u'-iv^' and malice of his tutoris and gyderis, for alledgit plundering of his houss in the toun of Turref, at the raid thairof, as ye haue befoir, folio . The Marquess ansuerit, he wes him self wardit in the castell of Edinbrugh, and he gave no warrand to do his houss ony wrong, nor any vther man, and sua suld be frie. The lordis of parliament thocht his ansuer ressonable, and the perseuaris loist the causs. Then cumis thairin ane vther more malitious complaint aganes Ane vther complaint him, at the instans of the lairdis of Frendracht, Lesly, Cragiwar, aganist ,he Mar( i uess Glenkyndie, Alex 1- Forbes, alias Plagne, and diuerss vtheris of the Forbes factioun, his old enemeis, for alledgit recepting within his ground of Johne Dvgar and remanent of his folloueris of the name of Clangregour, notorious thieffis, mvrtheraris and robberis of the Kinges leiges, and thame selffis in speciall. This complaynt wes tryit befoir ane comitte first, and thairefter befoir the parliament, and disput vigorrouslie be aduocatis in thair presence, quhilk is Pleadit by pi . OCUI . atolif . not vsit befoir face of parliament. Schir Thomas Hope, the Kingis aduocat, Mr. Rodger Mowat and Mr. James Baird were aduocates for the perseuares. Schir Lues Steuart and Mr. Johne Gilmvre were aduocatis for the Lord Marquess. And efter long disputa- tioun, the Marques is absoluit. Thus he patientlie sufferit amongis He is absoiuit. the rest of his havie crosses. He 1S oft cr " s "" As thir thinges were in doing, the King wreittes bak desyring T he King sendis an5utl , the parliament to be adjornit to the 14th of November, quhilk wes ^SSZ?* adjornit ' 230 MEMORIALLS OF THE TRUBLES grantit, and the parliament contynewit to that day, the covenanteris making mony protestationis in the contrarie, and so this parliament dissolues, with litle more ado. The ornamentis ofthe The commissioner, cairfull of the keiping of the ornamentis of the croun, keipit thame in a secreit place vvhill thay sould be socht. The King sendis for his The King sendis doun to Scotland for his commissioner, hot the det8jn^d° ner— he W6S estaites wold not suffer him to go, vpone there owne ressones, as The Kingis offendit. wes a H e dgit ; quhairat the King wes michtellie incensit, sie better the baksyd. It is heir to be markit, that albeit the King had indictit this The dependancy of this parliament, and fra the quhilk be continewation day by day to the ellevint of Junij, 1640, vpone the quhilk day the estaites held ane parliament be thame selfis, without ane commissioner or ornamentis \ . actis registrai of of the croun, as ye may sie heirefter, folio ; yit there is none of this parliament thg &ctis of p ar ii ament) ma j,j j n t he Erll of Traquhairis name as commissioner, registrat amonges the rest of the actis of parliament, bot off set purpoiss omittit and left out be the covenanteris, except there is sum mentioun maid of that whiche makis for thame in the parliament holdin be the estaitis, and Robert, Lord Burghlie, thair president, vpone the 11th of Junij foirsaid, viz., the 5th act as the same beires, sie more heirefter, folio . Thus is this parliament disdaynit and put in obliuioun, albeit he ratefeit bischopis, articles of Perth, pouer of kirkmen, to be vnlauchfull. Johne Jfengzeis peiishis About this tyme, Johne Mengzeis, eldest lauchfull sone to Schir Paull Meingzeis of Kilmvndie, lait prouest of Abirdein, hapnit lie is t.rocht imme and vnhappellie to perish ryding throw the north water. His corpis wes haistellie takin wp and convoyit with lamentatioun to Abirdein ; and vpone the 22nd day of August, wes bureit with volie of muscat in sted of funerall sermon, as wes wont to be givin, and mony teires sched for his vntymlie death being a brave youth of singular ex- pectatioun. to Ye heir on the vther syd about Traquhair. The King wold not rhaf a"r g noi hard. heir the Erll of Dumfermling and Lord Lovdon, quhom the cove- nanteris sent wp commissioneris to the King, becaus thay cam wp to him without his commissioneris consent ; bot he wes nowayes de- Patrifc Lesly chosin taned be the estaitis, as is on the vther syd nottit. ymoyanand Vpone Wednisday, befoir Michaelmess, Patrik Leslie is now bureit. Ooiuissioneiis ANNO 1639. 231 chosin prouest of Abirdene, (who, to his gryt greif, wes removit fra that place abefoir, as ye may sie, folio 30,) now being ane pryme covenanter, and of good estait, recoveris this place agane be the consent of the most pairt of the counsall, who wes also all cove- nanteris, and vpone his courss of preferment, be express command of the estaitis of this kingdome, as a man fitting for thair service in this tumvltuous tymes, and in sic a brughe as the toune of Abir- dene, whome the estaitis euer thocht wes not altogidder of thair opinioun. Howsoeuer, many of the tounes people thocht not good Sum ar miscontent. of this electioun, feiring he wes prydfull and seditious, reddy to breid dissentioun amongis them, as over treulie it cam to pass, as by thir notis may heirefter appeir. The laird Drum, at this Mihaelmes, contynewit schireff principal] The laird Drum con- of Abirdein for ane yeir. Mr. Williame Dauidsone constant schiref M- e wn«. h ™5 - ^ deput thairof dureing his liftyme, and Schir John Mackenzie of the maner how). The people gatheris, bot culd not get it quenshit, whill it brunt to nocht. Aluaies, it wes schortlie biggit wp agane, yit takin for ane visitatioun fra God, sie moir heirefter, folio . a About this tyme, the laird of Banf, seing he culd not leive in Banf gois to the King, suirtie at home, becauss he wes still the Kingis man, and wold neuer yeild to sueir and subscrive the covenant, takis courss for refuge to go to the King and seik his protectioun, bot litle help had he of him, suppose his Majestie lykit weill so to haue done; bot Banf payit seveirlie for his outstanding, and wes cruellie pvnishit and oppressit in his estait, as efter ye sail heir, folio . Ye hard befoir, folio 95, how Doctor Leslie, principall of the Doctor Lesij. Colledge of Old Abirdein, Doctor Sibbald, minister, and diuerss j£ m t e or He^te^T. vtheris went to Bervick to the King. He cam hame with the mimstr y- a See Hist, of Scots Affairs, vol. iii., George Meingzeis, Maister of Kirk Work, for re- p gg pairing of the edifice of the College £266 Is 4." "Item, be warrand of councell payet to (Treas. Acc,) 232 MEMORIALLS OF THE TRUBLES Doctor Leslie leives in ine chalmer of the college. A. l.-rnit modest man. The King gave him moneyis. Proclamatioun forbid- ding the weiring of gvns. Ane committe holdin in the college. tounes commissioneris, folio 153, in August. This Doctor Sibbald wes welcum, enterit to his ministrie in Abirdein, who servit thair for a while, sie heirefter, folio 169. Bot Doctor "Williame Leslie being abefoir deposit, as ye may sie, folio 104, took him to ane quyet chalmer within the colledge, leivit soberlie in the toune vpone his owne charges, beheld patientlie Doctor Williame Goold occupie his place theirefter, and changes in thir dificult tymes. He wes ane singular lernit man, who culd neuer be movit to sueir and sub- scrive our covenant, saying he wold not hurt his consciens for worldlie meinis. He wes neuer hard to speik immodestlie aganes the covenant, nor procedur of thir tymes, bot sufferit all thinges with gryte patiens, attending Godis will ; none moir fit for lerning to his charge in the colledge, and therewith godlie and grave. It is said the King gave him sum moneyis at Bervick, wherevpone he leivit for a schort time ; and it is trew he had no gryte meinis to the foir of his owne at this tyme, sie more of him heirefter, folio 228. Doctor Goold is chosin principall in his place, altho vnvorthie. In this moneth of September, thair cam out ane proclamatioun at the cross of Edinbrughe, forbidding the weiring of gvnis and pistollis or carabinis, wnder the pane of death ; bot throw the vse of the inbringing of the beiring of thir forbidden vnlauchfull armes throw the good causs, this proclamatioun gat no obedience, to the gryte abuse of the land. Vpone the 1 7th day of October, thair wes ane committe holdin within the colledge of Old Abirdein be diuerss barronis, ministeris, and commissioneris, and Mr. Dauid Lyndsay, persone of Balhelvie. a a Vpon the 16th clay of October, 1639, in the morning early vpon my bed think- ing of all theise troubles and difficulties and terrours, and remembring my many and greivous sinnes, I weeped sore, and in my prayer to God for mercy and grace, for direction and deliuerance, and pre- sence and peace, I watered my couch with my teares, and the Lord heard me from his holy temple ; my cry came be- fore him into his eares ; he caused me to heare his loving kyndnesse in the morn- ing, and greatly comforted me. Blessed be his holy name for ever and ever. That same day, a brother who hade the employment, came in a freindly manner to me, and sought back from me the Summonds wherby I was charged to rompear before the Committie, and re- newed it in a more calme forme, leaving out all the reproachfull aspersions wher- with I was unjustly charged, and now summoning me only to compeare before the Commissioners of the General Assem- blie, at the College Kirk of Old Aberdene, vpon the seventeenth day of October in- stant, their to give euidence of my obe- dience to the constitutions ot the last General Assemblie, and to ansuer for my acquittall in my profession of divinitie ANNO l(i39. 233 There wes apointit to keip this comraitte sindrie noble men, bot were in Edinbrughe attending the parliament. There erand wes for placeing Doctor Goold in the principalitie, in the deposit Doctor Williame Leslies place, bot becaus the committe wes not fullie eon- venit, thay causs Doctor Williame Goold subscrive the covenant ab- Doctor Gooia subs, solutlie, who had subscrivit the samen first with limitatioun, as ye tioun. may sie, folio 54 ; and he is chosin rector of this vniuersitie for a Heischosin rector yeir, by suche as wes present, to begin with all, and thairefter wes chosin principall, as ye may sie heirefter, folio ; and this com- mitte contynewit to the [14th] day of November nixt. a This Doctor within the said Universitie. After this in the afternoone, that same dav, I re- turned with humble prayers and suppli- cations and thanksgiving to the Lord my God, who did draw neere to me in mercy and comforted me with unspeakable com- fort, and opened my heart and mouth to speake vnto God, who answered me with answers of mercy and peace. Glory to God in the highest and peace on earth, good will towards men. Hallelujah. Upon the 17th day of Octob., 1639, I compeared before the commissionars of the generall assemblie, according as I hade beene summoned, and the judicatorie was continued ; and I was charged theb- aic? acta to compeare againe before them, in that same place, vpon the 14th day of November next, which I promised to obey Godwilling . . . We are in a great strait, being loath to offend the kirk, and on the other part fearing to subscryue and sweare anything whatsomeuer, ather against our consciences or with doubting. Lord help us, bring our souls out of pri- son, that we may praise thy name. (Dr. Forbes Diary, fol. 188.) a A Meeting was held in the rector's house on the ensuing day, of which the following are the minutes : — ' At a Meeting in the Newtoune of Aber- deine, the auchteint of October, m.vi c threttie nyne yeiris, in the rectoris hous, wher war present the rector, Mr. Dauid Lyndsay, minis- ter at Balheluies, directed from the committee, Doctor Gordoun, phy- sician, Mr. James Sandilandis, ca- nonist, Mr. Johne Lundie, gram- marian, Mr. Robert Ogiluie, sup- principall, Mr. Alex. Gardyne, and Mr Alex. Midletoune, regentis. ' The said day, in regaird of the vacancie of the place of regencie of the thrid classe, by the deprivatioun of Mr. Alex. Scrogie, bv the committie from the generall assemblie, till the said place suld be provydit by a regent to the said classe ; it wes thought guid, that Mr. Alex, Gardyne sould teache the said thrid classe, and attend theron, as he did on his owen proper classe, till the committie sitt, appoynted be the generall assemblie at Edinburgh, to be holden at Abirdeine for visiting the said universitie ; whiche paines the said Mr. Alex., for the gude of the said uniuersitie, promised to wndergoe and performe faithfullie. ' The said day, in respect it was con- siddered how miserablie ruinous the three transes of the colledge wer, it was alsu condissended by all, that deallis being a selling, half a hundrethe, sould be bought presentlie, and the saids transes with all dilligence suld be repaired. ' In like maner, in respect of the dark- nes of the commoun school, for making the samcn more lightsome, pleasant, and commodious, it was condiscendit that a third window sould be maid out in the wast syd theirof, (as the rector dewysed) and the southe window in the gawill to be made fairer, by lawing the sol therof, and so making it larger in light. ' Moreouer, it was ordanit by commoun consent in like maner, that the librarie 2 G 234 MEMORIALLS OF THE TRUBLES Provinciall assembly sits doun. i. pa out anc printed Goold wreit out ane paper callit Ane Freindly and Faithfull Advyss , quhilk wes pryntit concerning thir troubles, and aganes the raising of armes be subiectis aganes thair lauchfull King, quhilk heirefter, at folio 316, is copeit word be word. Neuertheles he now sub- scrives this covenant, but limitatioun, contrarie to the opinioun of his printed paper, as it wold appeir, and to his first subscriptioun, being aluaies a temporizer. Vpone the thrid Tuysday of October, the provinciall assemblie sittis doun in the sessioun hous of New Abirdein, and not within the college kirk of Old Abirdein, as wes vsit in the bischopis tymes. Mr Dauid Lyndesay, persone of Balhelvie, being last moderator, teichit (as the custom is). Efter sermon he and the bretheren, with there reulling elderis, viz., ilk minister haveing ane reulling elder chosin out of the worthiest of the sessionaris of his presbitry ; well, ilk minister with his elder is callit, and be directioun of the Tables, this assemblie is contynewit to the 19th of November nixt, and so but more ado dissoluit. Now the College is takin wp schortlie efter Michaelmes, be Mr. Robert Ogiluy, subprincipall, Mr. Alexander Middiltoun, and Mr. Alex r Gardin, regentis standing on deposit ; bot the principall and Mr Alex r Scrogie wes deposed, as ye haue befoir, folio 104. The gramar scooll, and vther scoolis who had lyin idle befoir, beginis now to florishe, and lerning teichit. Oure soueraigne lordis sessioun sitis not doun in Edinbrughe, the first of November, for administratioun of justice, bot wes vaikand the haill wynter sessioun, to the gryte greif of the trew creditour, and plesour of the debitor vnwilling to pay his debt. Thus is this land so grevouslie abuseit ; yit schireffis and commissares held thair courtis, and vther inferior judicatoreis, as thay war wont to doe. Ye hard befoir, how Mr. James Gordone, keipar of his Majesteis signet, convoyit the samen away to England to his maister the Erll of Striviling, lest the covenanteris sould seall thair malignant pro- clamationis with the samen, sie folio 90. He now cums hame It dissolues Collegis and scoollis takin wp. Tin sessioun vaikis. Inferiour courtis sitti: Mr James Oordone cumis name with the Kingis signet. suld be visited by three of the number whom the rector did appoyut ; as also the commoun piocuratouris coinptis, the writtis of the uniuersitie, likwise, by D. Gordoun, mediciner, procuratour, the canonist, and supprincipall ; and a faith- full report of all these to be made to the rector.' (Minute Book, King's College.) ANNO 1639 235 about this tyrae, and brocht the same signet with him for serving the Kinges leiges, bot he gat litle thank fra the covenanteris for careing the samen away. Ye hard, folio 157, how the King had writtin for his com- The comissioner missioner, and how he wes keipit becaus he refusit to ratefie the ThTressone assemblie actis, and consent to what wes done in parliament, as wes alledgit, quhilk he wold onnawayes grant to doe without his Majesteis express command, as indeid he had ressone for him not to go by his commissioun. In the meintyme the confederatis sendis wp to the King, the Th ™ eomissioneru send Lord Lovdoun, the schiref of Tevedaill, and Mr. Robert Barclay, prouest of Edinbrugh, with whome voluntarly also went the Erll of Dumfermling. The King, heiring of there cuming, causit command them, the Presence retusit. commissioneris, not to approche court be 8 myllis, becaus he had The ressone. writtin for his commissioner, and wes detainde by his subiectis maist vniustlie, aganes thair othe of allegians, and contrail* to the law of nationis, whairby ane embassador or commissioner may be recallit be his maister, fra any vther natioun, mekill mail* be ane King fra his awin subiectis, at his plesour. Thir commissioneris seing the King so set, returnit bak agane (leaving the Erll of Dum- Thay retumei.ame. fermling with his Majestie) without ony presens, in the moneth of November, about the 19th day thairefter. Quhairvpone the con- Traquhair issufferit to federatis sufferis the Erll of Traquhair to go wp to the King, as ye * ' may sie heirefter, folio 161. Bot the treuth is, Traquhair wes on- nawayes detayned be the Scottis parliament, but sufferit to go peciablie ; yit the King wes offendit that thay sould send wp the Erll of Dumfermling and Lord Lovdoun (who wes onlie the com- missioneris) commissioneris to him, without warrand of Traquhair, being his Majesteis commissioner in Scotland ; and thairfoir he wold not give thame presens nor heir thame. Vpone the second day of November, King Charles turnouris, Turnouris cryitdounto stricken be the Erll of Striviling, be virtue of the Kingis gift, wes, penny ' a " d recalllt - be proclamatioun at the cross of Edinbrugh, cryit doun fra tua penneis to ane penny; King James turnouris to pas for tua pen- neis, becauss thay war no less worth ; and the kaird turnouris sim- Kaird turnouris ais- pliciter dischargeit as falss cungzie. Bot this proclamatioun wes cl,i "' slt - 236 MEMORIALLS OF THE TRUBLES The commvnioune schortlie recallit, becaus there vves no other money passing to mak change, and so wes sufferit to pas for tuo penneis for a tyme, sie more heirefter, folio 184. Vpone Sonday, the thrid of November, Doctor Sibbald and Doc- gino sitting. tor Goold, both ministeris at Abirdein, gave the commvnioun to the people sitting at the table, bot not vpone there kneis, as wes wont, quhairat money wes sorie. Vpone the day of November, Johne Dvgar, that bloodie mvrtherar and oppressour, cam to Williame Steuartis hous at Spey johne Dvgar craves syde, accompaneit with 24 lymmaris, set out his watches, and took spending money. W p h ouss thair ; and in the mein tyme send doun to the Garmoche for expenssis and spending siluer, vtheruaies he wold cum and t,„ people is effrayit. plunder thair houssis and goodis. The people is astoneshit with this charge, bot gave the beraris fair wordis whill the countrie wes Thux tether. aduertesit, who schortlie convenit. And Johne Dvgar, informit of Hefleis. there gathering be his out watches, schortlie takis both the ferry boites, and careis over his men to the Stanneris, quhilk is in midst of the water of Spey, and keipit the ferry boites fast besyde him self, so that thair wes no other boit nar hand to follow thame. The countrie people seing thay wantit boites, and culd not ryd the water, being great, beginns to persew thame with schottis, and thay schot agane, whill at last Alex 1- Andersone in Garmoche, H u slayne . standing be the water syde, schot this Johne Dvgar vpone the His men takis flight. saidis Stanneris deid. His men seing this, takis the flight throw the strynd to the south schoir, but ony more skaith, and hyne go thay ; and the countrie people returnis to there owne houssis. ih< Eriiof Traquhair The confederatis sufferis the Erll of Traquhair (vpone the doun depairtis peoeabhe. cuming of thair commissioneris without the Kingis presens) to de- pairt, who, vpone the 22nd of November, went wp to his Majestie Be is maid knight of the and wes weill receaved, and maid knight of the garter, as wes said, ? arter sie more of him heirefter, folio 167. In the mein tyme, the confederatis writtis to his Majestie, with The confederatis sendis J ' J to the King. ane gentilman called Mr. Williame Cvninghame, who schortlie fol- louit the said Erll of Traquhair, to desyre the King to give presens to there commissioneris when thay cam, and to heir thair hum ill petitionis, sie more heirefter, folio . About this tyme, word cam to Abirdene that, in the moneth of ANNO 1639. 237 September, 1639, thair cam to the sea ane Spanish fleit, consist- Ai.e Spanish fleit. ing of threttie gallyis, thretten Dunkirkeris, sevin Hollanderis (takin fra thame as prysis, and mounted be the Spangzeard) with tuenty Hamburrieris schippis. Martin Harper Trump, Admirall to the estaites of Holland," heiring of this fleit, send aduerteisment There schippis. to all the schippis wnder his command, at four seuerall tymes, to con- vein them selfis togidder, and come in one company ; quhairvpone his Vice-Admirall, Vitten Vittenss, with his squadron of fyve schippis, did joyne him self with the Admirall, thay being all in number bot sevintein schips of warr ; yit he resoluit (notwithstand- ing the gryte disparetie) to attend the Spanish fleet, and to sie what advantage he could gane of it, commanding his fleet to keep thame selffis cloiss, that the Spanish micht not divide thame one from Th e Hoiianderis waitu another. The fight then did begin furiouslie ; and the issew wes The fight begins, that the Spanish, in place of going to Dunkirk, (for so it wes sus- pected) did set there courss touardis the Downes, vpone the auchteint of September. At whiche fight, questiounles the Spang- T1, e Spanish eourss. zeard sould haue sufferit gryter loiss, if the pulder can [had] not begvn to grow scant in the Holland fleet ; quhairof thay receavit out of Caleiss ane supplie, and thairefter schortlie follouit the Spangzeard He f? ois t0 D " u 1 r ' _ _ r & The Hollander follouis. to the Downes. Befoir thair arrivall, the Spanish Admirall maid His schippis. dificultie of taking doune his flag to the English Vice-Admirall, schir JohnePeningtoun. Peningtoun ; whiche questioun wes sone decydit, when thay saw the Holland fleit advanceing, (to the contentment of the English Vice- Admirall, haueing ankred at the road). The King directit ane com- The Ki UJf sendis am missioun to his Vice-Admirall, Pennyngtoun, cbargeing him to com- mand both the fleetis to abstene from all hostility, one aganes another, vpone the Kingis road ; and who did first attempt ony act of hostilitie, sould be vsit as enemyis to the English ; whiche com- missioune wes deliuerit by Peningtoun to bothe Admirallis, and Pen'ingtounis petuioun. with all desyred the Hollandis Admirall to schew if he had ony warrand from his maisteris, to assault the Spangzeardis vpone the Kingis road ; and, if he had ony suche order, that he wold aduertess him, the said Peningtoun, 3 houris befoir he wold put his order to a ' Martin Harperson Trumpe, the ad- in Buchaine.)' (Gordon's Scots Affairs, mirall of Hollande, (sonne of a Scottish vol. iii., p. 84.) father, one Harper, borne at Peterheade 238 MEMORIALLS OF THE TRUBLES The Hoiianderis ansuer. executioun. Wkairvnto the Hollandis Admirall ansuerit, that he had no order to assault the Spangzeard vpone the Kingis road, or that he afterwardis wes to receave ony order thereanent ; that Peningtoun sould not tak it in evill pairt, if he did not aduerteiss him 3 houris befoir hand, be ressone that the wynd and tyde micht be con- trair ; yit, that if he could possiblie, he wold not be wanting to give him dew aduertesment. At last, efter thrie weikis abode there, the Hollandis admirall haueing socht more supplie of schippis from the The Hollanders getis staitis generall, and obtenit ane reddy supplie of 90 warr schippis, did call ane counsall of warr, and, attending to the resolutioun and Thay go to counsaii. command of the staites generall, of the dait the 12th and 29th of Resolus for warr. September, did, by commoun advyss, resolue to set vpone the Spangzeard at the first opportunitie ; commanding his Vice-Admirall, The order of this bat- Vitten Vitenss, with 30 warr schippis and 4 fyre schippis, to attend the Englishe fleit, and to hynder that thay sould not assist the Spangzeard. He divydit the rest of his fleit (being yit 60 warr schipis) in 5 squadronis, in eche placeing 12, one to be led by him self, the 2 by Johne Everdsone, Vice-Admirall of Zeland, the 3 by Huntibeir, the 4 by Caitis, the 5 by Hendask Cornelisse. Where- with, thay taking advantage of ane north northwast wynd (that did blow af the land) whilst the Spangzeard rode at anchor, vpone ihaj pun « P saiiusand the 21st day of October, thay did advanss touardis the Spangzerd in fyve diuerss places ; bot did not schoot at all, bot wes first schot by the Spangzeardis throw the saillis, wheirby ane soldior in Ane soidiour siayne 10 capitane Bailleis schip wes slayne, of whiche he did give aduerteis- Tha^teii theEngiish ment to the Englishe Vice-Admirall, desyreing him ernestlie to remember his promeiss, that since the Spangzeardis haue done the first act of hostilitie, he wold assist him to mine them, or at leist wold remane neutrall, suffering him to assault his enemy, who had first violated the Kingis frie rode. In the mein tyme, he schot Thay i erse« the span- furiouslie vpone the Spangzeard, the English fleet ryding still at anchor, and beholding securelie the issue. The Spangzeard, seing He getis wnder sain this, with gryte expeditioun cuttit his cable, and gat wnder saill; bot incontinent 23 of them war, by suche violens, perseuit by the Thay ar miserabiie Hoiianderis, that thay chused rather to run them selffis a land then to expect the meiting of the Hoiianderis canon and schables. Of the whiche, 3 war brynt by the fyre schippis, 12 sunk, ane wes ANNO 1639. 239 schot throw and throw like a sive, and 6 ran them selffis a schore vpone the English cost ; whiche 6 ar said to be keippit and mande with English soldiouris, and that the King had taken them wnder his protectioun. Thay ar tuo gryte Spanishe galliouns, and 4 iiu Rl . victor> to the Hamburgeris. The Admirall of Portngall, whilst the foir pairt of " andcns - his gallioun wes on fyre, yit mantaynde him self couragiouslie in the efter pairt of it 3 houris long, and did at last synk with 800 men, of whiche war saiffit onlie 100. At that same tyme, both the Vice-Admirall of Naples and Castile were schot a ground. The Vice-Admirall off Selicia, with his schip and people, and other 7 galliouns, were taken and mande. Vpone the Setterday following, nothing could be done throw storme of wether ; bot vpone Sonday, the 23rd of October, the Hollanderis took ane vther gallioun, and vpone Mononday ane other ; so that of the Spanish schipis there were takin 7 galliouns, with a frigot, and 3 vther schipis, all brocht into Zeland at Rammekyns. Item, 2 in Texill, and ane vther the Admirall Trvmp brocht in with him self to the Maess, besides 3 vther galliouns, whiche did synk. The Spanish grite Admirall Docquendo, with ane Spanish schip and 5 Dunkirkeris, did gane the rode of Dunkirk. There wes also ane gallioun escaped within the Thames, so that the whole Spanish fleet, consisting of 67 schipis Ane grite overthrow of and 24,000 men, ar reduceit to 14 gallionis and schippis ; and of the " e ^ hipis,and !400w Spangzeardis there ar pairtlie deid, killit, drouned, and brynt, neir 16,000 men, and 40 of the schippis and gallionis ruianted and dis- troyed. Vpone the Hollanderis syde there ar bot 2 schippis loist, (and that The Hollanderis ioi«s. by necligence) in whiche ar bot perishit about 100 men, and all the officiares ar saife. Wherevpone the staitis generall haue thocht fit to apoint a solempne thankis giveing to the Lord aganist the nynt Tbankis-glving apointit. of November nixt. Whidder this battell wes fought with so grite loiss to the Spang- zeard, and with sic litle loiss to the Hollander, as is befoir writtin, is hardlie till be beleivit, so muche the rather as thir newis wes tm. newis not aitogidder writtin to Abirdein be ane Hollander. Bot be it as it may be, it is '° be bdeivit maist certane the Spanzeard gat heir ane terribill overthrow, quhairof seldome thay had gottin the lyk befoir. Many men judgit whair this fleet of the Spanzeardis wes cuming. 240 MEMORIALLS OF THE TRUBLES Diuerss opmionis of th s Sum alledgit thay war set out by persuasioun of the prelatis and papistis of England to cum and subdew the protestantis thair enemeis, als weill in England as in Scotland and Ireland ; bot this paper beires, thair courss wes for Dunkirk, and so this wes bot ane suspitioun, sie folio 190. Ye hard befoir, folio 157, how the Marquess of Huntlie took wp hous in the Cannoget. All this while, he remanis and duellis Lord Diummondis peciablie there as ane good covenanter. In the meintyme the Lord Gordoim. Lady nn Drummound is mareit to Lady Ann, his eldest dochter, who wes ane preceiss puritane, and therefore weill lykit in Edinbrughe. This mareage wes celebrat with grite solempnitie. Many nobles and knichtis wes heir. Amongis the rest, the Lord Gordone cam from Strathbogie to the samen, who had bidden thair sen August, 1639, The Lord Gordon gois to as ye may sie befoir, folio 153 ; and immediatlie efter this mareage he rydis to England to the King, at command of his father, sie heir- efter, folio . The Lord Seytoun is Schortlie efter this, the Lord Seytoun is mareit to Lady Henrietta, k Gordoun? Hen * ne Marquess second dochter, who wes not of hir sisteris religioun, bot ane Catholik Romane. Both thir ladeis mareages wes drawin Argiie is the maker of on jj e there vncle the Erll of Argyll, who wes also cautioner for thir mareagis, and > s , « ■. , ,. . tt i n cautioner for there both there tocher goodis, viz., to Ladie Ann the soume of rourtie thowsand merkis money, and to Ladie Henrieta the soume of fourtie thousand merkis ; for his releif quhairof he gat the woodset of Lochquhaber and Badzenot, and for vther soumes besyde, as ye may sie heirefter, folio ; see also of Ladie Jeanis mareage with the Erll of Haddingtoun, folio 167. he Marquess putis his The Marques convoyis ilkane of his tua mareit dochteris to there owne houssis. He left his thrid dochter, Lady Jeane, with his sister in Wentoun. He procures ane saif conduct or pass from the Tables to his sone Lodovick, who then wes at Strathbogie, to cum A . i gois to the King to him quhair euer he wes. Thir turnes satlit, the Marquess gives wp his hous in the Cannoget, discharges his seruandis, and about the 26th of November to the King gois he ; his tua sones, the Lord Gordoun and Lord Aboyne, being gone befoir him, sie more heir- efter, folio . Thomas Crombie of Kemnay follouit him also to the King, sie moir heirefter, folio . In this moneth of November, a pairt of the castell wall of Edin- ANNO 1639. •241 brughe, about the vtter yet, fell doune ; bot it wes haistellie re- a pairt of the casteii pairit and biggit wp agane, and the castell weill providit and fur- f^mn founfand^repairii neshit with all thinges necessar. a,ld weiU furnisl,it - The castell of Dumbreton wes also mannit and furneshit with The castell of Dumbar- Englishmen as wes reportit. Thir tua strenthis wes, (at the treattie tane "' amt ""' of pacificatioun,) randerit to the King, quhilk bred mekill truble to the countrie and confederates, as ye may heir, folio . About this tyme, Mr. James Sandilandis began to teiche the The cannon law teiohit cannon lawis in the colledge of Old Abirdein, as he wes restrictit jamesSandUaSiis. 6 M ' and limitat be the generall assemblie, viz., to teiche onlie vpone Teyndis, Testamentis, and Matrimony, and to handle no farther of the cannon law bot these thrie heidis. Moyan (suppose he had his awin enemyis within the colledge) bure him throw to be canonist in forme foh\said, for the quhilk he gat yeirlie payment of about GOO msyeiriie stipend, merkis for teiching ane unprofitable lessoun when he pleissit, anes m* panes, in the weik, or anes in the moneth as he lykit best, for the quhilk he wes neuer found fault with, and he had few auditoris except the regentis and studentis, who thocht thay tynt thair lessones idlie to Fevv the better, heir him; and the memberis of this college thocht this geir wairit Loist geir, and eviii vpone him wes loist, and meiter to haue bene bestowit vpone thame, waint " who induirit panes, day and night, for vpbringing the youth. Al- uaies, as I haue said, he is careit throw be moyan to be canonist in forme foirsaid ; bot it lestit not lang, as ye may heirefter sie, folio 182. Strange to sie ane man admittit to teiche lawis who wes neuer out of the countrie studdeing and lerning the lawis. Aluayis he is quyt to be canonist, and is chosin ciuilist, folio 182. About this tyme, the Lord Balmirrinoche and his associates, be Meitingis at Edinbrugh directioun of the Tables, began to haue meitinges in Edinbrughe, aou™" 10 " e 1 contrair to the fyft article of the act of pacificatioun, as ye may sie, folio 143, quhair sic meitinges contrair to the act of parliament ar dischargeit. Vpone the first day of December, being Sonday, Doctor Scrogy The commvnioun givin celebrat the comvnioun in Old Abirdein. He, in his sermon, began in ukl Abndem - now to exhort the people to obey the ordinances of the kirk, with muche suche mater. Aluaies, the people receavit the samen sitting. The form thairof. Doctor Forbes tuke it efter the samen maner, and no kneilling; wes thair, as wes wont to be. The minister gave it to two or thrie 2 H 242 MEMORIALLS OF THE TRUBLES Alterationis. The archbischop of Sanctandrois deceissit HU narrest him, then ilkane took his awin comvnioun breid out of the bassein, and in like inaner the minister gave the covp to the tua narrest him, syne ilkane gave the covp to his nightbour. Strange to sie sic alterationis ; ane yeir giving the commvnioun to the people kneilling, be virtue of ane act of parliament foundit vpone Perth articles, and that sam self ministeris to give the commvnioun efter another inaner, sitting, at command of the generall assemblie, vn- warranted by the King. a About this tyme, Mr Johne Spotisvvod, archibischop off Sanct- androwis, and heiche chancel er of Scotland, about the aige of thrie- scoir fyftene yeires, cheassit out of his roume, fled to Ingland, and depairtit this lyf at London, efter he wes heir excomvnicat, as ye may sie, folio • Schir Robert Spotiswod his eldest sone, and president of the colledge of justice, is compellit to flie his countrie, and go to his auncient father, and durst not return home, quhill ye may sie heirefter, folio ; a myld man, weilbelouit of many. Four narkraen perisliis. Vpone the 17th of December, four wark men about the schoir, bringing ane keill doun the water to ane schip to transport goodis, be violenss of speat water, ar careit out at the water mouth of Die, quhair thay all pitifullie drount, and the keill cassin in at the Eyve myll burne. Another visit doubtles from God to Abirdein, quhairof litle good vse wes maid. Vpone Sonday 22nd December, Doctor Goold and Doctor Sib- bald admoneshit the people not to keip Zooll day nixt following, as contrary to the ordinans of the churche. Sum obeyit for feir, vtheris maid good cheir, and the covenanteris durst not transgress. 1 ' His persecutioun. His sone rleis also return. Godis visitatioun. Zoolday forbiddin. a Vpon the first day of December, being the Lord's day, Dr. Alex. Scrogie preached again vpon that parable set doun in the beginning of Math. 22, shewing the greatnesse and excellency of the nuptiall feast, which God maketh for solemnitie of the marriadge betweene Christ and his Kirk, and inviteth us thereto to be welcome guests, yea, euery penitent faithful] soule to be both guest and bride. No feast is comparable to this, wherin we receaue that meat which remaineth vnto everlasting life, to wit, the body of our Saviour, Jesus Christ, which was broken for us, and his precious blood which was shed for us, to the remission of sinnes ; and this particularly applied to euery one of us in the celebration of the Lord's supper : which -was imme- diatly after sermon celebrated in the cathedrall kirk in Old Abcrdene. (Diary of Dr. John Forbes, fol. 99.) b The admonitions and injunctions against ' mantening of the twenty fylt day of December as Ywill day, halding the same haly day, and absteining fra labour, witht festing and playing,' (Burgh Records, vol. ii., p. 25), com- ANNO 1639. 243 Vpone the 24th of December, Johne Leith of Harthill sat doun HarthM wardit. in prouest Lesleis deass in the kirk of Abirdein. The prouest, cuming to the prouestis seat, seing him set there, offendit, causit pull him out be the officiares veray prydfullie, he being a barroun, The causa thairof. and cheif of ane clan. Harthill gave him sum idle talk, for the quhilk he wes presentlie wardit in the tolbuith, quhair he lay long, Montrose reieivu him at as ye may heirefter sie, folio , and wes not releivit. a ^M" anno l645 ' Vpone the day of December, the Erll of Traquhair returnis The ehi of Traquhair fra the King home. He is honorablie receavit in Edinbrugh. He H^sweicumd is salutit at his entrie with shot of cannon fra the castell, and at his going out. He bringis out of Holyrudehous the croune, suord, and He transportis croun, scepter (quhilk had lyin there since he rode the parliament) and left SU0ld ' and sccpter ' them in the castell to be keipit. He renuncis his commissioun, and He rcnuncis his com- none miscontent. Thairefter shortlie he rydis bak to the King, sie " C '!^ 10UD ' and g0is t0 heirefter, folio . Efter whome cumis Mr. Williame Cvninghame mence iu our civil and ecclesiastical records soon after the Reformation, and were repeated yearly for many years thereafter. 3 The following graphic account of the intrusion of the laird of Harthill, in the old kirk, is given by the accom- plished author of the ' Book of Bon-ac- cord :' — This frantic baron, an ardent royalist, came to the old kirk on the 24th December, 1639, during the second pray- er, and attempted to force his way into the provost's pew, by bursting the fasten- ings of the door. It was in vain that one of the attendants offered to procure him a seat elsewhere. ' By God's wounds,' he exclaimed, ' I shall sit be- side the provost, and in no other place of the kirk ;' and prepared to draw his sword, swearing he would strike the officer who opposed him through the body. After a tumultuous fray, he was over- powered, and conveyed to the tolbooth under charge of the bailies, whom he loudly menaced, crying, ' If ye put me in waird, keep me weill ; for if 1 come forth again, I vow to God I shall burn your town ! ' On the conclusion of the service, so indecently interrupted, the magistrates proceeded to the trial of the offender. While one of the sergeants was repeating the usual words of form, in constituting or fencing the court in the King's name, Leith interrupted him with the exclamation, ' Ye are wrang, ye should fence it in the Devil's name ! ' then drawing his hat down on his brows, and turning to the provost, who was sit- ting in judgment : ' What say ye to me ? ' he cried, ' Ye ar but a doittit cock and ane ass ! a plack for your kindness, and for all your baillies, and for the haill toune ! ' When the clerk proceeded to read the complaint and accusation against him, Leith, in the words of the record, ' not only violentlie plucked the paper furth of his hand, and reave the same in pieces, but lykwayes tuike the said Mr. George Robertson his penner and ink- horne, quhilk was lying befoir him on the table, and east the same eagerlie at his face, and thairwith hurt and wounded him in two several parts, to the great ef- fusion of his blood.' On being desired to plead, he ' malapertly avowed ' all that was laid to his charge, and the court ordered him to be incarcerated till farther order should be taken with him.' (Book of Bon-Accord, p. 198.) 244 MEMORIALLS OF THE TRUBLES \ne packet cums fra with ane packet, and the 15th of Januar, 1640, apoint for vpbrak- ing thairof ; and the confederatis, both of brughe and land, warnit to that effect. Vpone the 26th of December, Mr. Dauid Lyndsay, persone of Balhelvie, moderatour of the presbitrie, being convenit in Old Abir- Moming and evning dein, appoint morning and evening prayeris in ilk manes houss, callit the Famelie Exerceiss, according to the ordinans of the kirk. ANNO 1640. The King contentis to Thir confederals with there commissioneris meites vpone the 15th heir our supplicatiouns. day of Januarj 1640j at Edinbrugh : the Kingis letteris brokin wp, declairing he wes now content to heir thair supplicationis. Quhair- commissioneris send to v pone wes schortlie send the Lord Lovdoun, the schiref of Teve- his Majestie. Jaill) and Mr Robert Barclay, prouest of [Irvine], a to the King with there supplicatioun. The Erllis of Dumfermling and Kyn- noull, with sum vtheris, loveris of peace, went with thame, sie heir- efter, folios 184, 185, and 186. The Eriiis of Mar and About this tyme, the Erllis of Mar and Kingorne, with Schir Kingome with the Thomas Hope, aduocat, bv command of the King wes put af of the a luocat, put af of coun- 1 ' ' ..... . sail. counsall, and the said fechir Thomas wardit in his awin hous of Craghall during the King's plesour ; bot he wes set at libertie, sie The resson why. folio , becaus James Grantis remissioun wes not exped throw the James Grant reiaxt and seallis, vpone his Majesteis command. Aluaies, he relaxt him self fra the home, purchessit his remission orderlie, and went home to his owne countrie peciablie, by all manis expectatioun, being suche a blood schedder and cruell oppressouri efter he had escaipit so mony dangeris, sie befoir, folio 89. The archbischop of Vpone the day of Januar, Mr. Dauid Lyndsay, archibischop oiasco fieis to the King. Q £ Gi aS g 0Wj excomvnicat with the rest, and about the aige of 74 a ' Who had been sometyme paedagouge to Argylle.' (Hist, of Scots Affairs, vol. iii., p. 79.) ANNO 1640. 245 yeires and in gryte seiknes, is forsit to flie to the King for his refuge and help. Vpone the 14th of Januar, the Erll of Haddington mareit Ladie TheEriiofHaddingtoun Jeane, third dochter to the Marquess of Huntlie, (him self being at GoXun. 0 5 England) be the moyan of the Erll of Argile, who wes suirtie also for hir tocher good, extending to threttie thousand merkis money, in absens of hir father ; the Erll of Haddingtouns landis being airit in his first mareage. Thus the Marques his thrie dochteris [are] now mareit, sie befoir folio 164, and also heirefter, folio . Vpone the day of Januar, Margaret Bellenden, dochter to Margaret lielhndvns the deposit bischop of Abirdein, depairtit this lyf in Bervick, follow- deceass ' ing hir father to that countrie, muche to be lamentit, being ane young, modest, wyss, and discreit virgin. Vpone the 19th of Januar, the Ladie Countass of Morray de- The Lady u ,., raj pairtit this lyf in Elgyne, and wes bureit in hir father the Marques deceissis - Iyll, besyde him self, and not besyd hir husband, sie befoir, folio 56, folio 182 heirefter. About this tyme, ane welthie schip of Abirdein, cuming out of Ane Abirdeinsschip Flanderis, is cassin away, men and goodis, except tua persons onlie ; cassm away ' and likuaies, a litle befoir, ane vther of thair schippis laidin with salmound is takin be the Dunkirkeris. Thus, the Lord lies his hand over Abirdein, both be sea and land, bot no repentans for our synis, Sonday, 9th Februar, ane vniversall fast throw all Scotland, for Fast and prayer, craveing God pardon for the sinis of the land, and for his blissing that the King micht give ane gratious ansuer to the snpplicantis at court. About this tyme there cam to Forthe tua schippis, quhairof ane t uo of the Kin^ i of the Kingis whelpis wes one, haueing within 100 soldiouris, and Ane commisskmn. ane commissioun fra his Majestie direct to the prouest, balleis, and counsall of Edinbrugh, whilk wes send a schoir and deliuerit ; quhairof coppeit is thus : — Charles Rex. Trustie and weilbelouit, we greit yow well. Where as we haue thocht good to The Kingis letter to send sum men and munitioun to oure castell of Edinbrugh, we do heirby will and Edinbrugh. 240 MEMORIALLS OF THE TRUBLES command yow, vpone your allegeans to ws, and vpone pane of incurring the pane of hcighe tressoun, not onlic to suffer the said men and munitioun to he forthwith landit, and saiflie convoyit to our castell by suche numbcris and parcellis as the berai heirof sail direct ; bot lykuaies to be aiding and assisting in the seruice of capitane Slingisbie and capiten Schipisman, and suche otheris to whome we haue committed the charge of transporting and deliverie of the samen. And to this pur- pose we do heirby straitlie command yow to caus boites be immediatlie send from Leith to our schippis, to receave and bring on schoir oure saidis men and munitioun ; and when they salbc landit, to causs ane strong guarde convoy them saiflie, and sie thame put wp in the said castell, and to repress and resist suche insolenceis or oppositioun as sail be maid to this our service, the disturberis heirof we do heirby requyre to pvnish cxamplarie, as incace of hie tressoun. And we do fordcr heirby will and command yow to give ws ane speddie compt of your diligenss and proceid- inges heirin ; and that ye faill not in any of the premissis, as ye will ansuer the con- Nota< trair at your vttermost perrell. Givin at our court of White hall, the 21st of Our yeir changes in Januar, 16|§. Januar, and the English in March, thus than- This letter is dircctit vponc the bak .- To the prouest, balleis, and counsall of veir 1639 is our yeir i«40. ridmbrugh. weill The Kingis letter resavit. The beraiis bankettit. And the Kingis will obeyit. The schippis gois bak. Ane prettie inotioun. Weill actit. Better reveilit. The Kingis secreitis reveillit. This letter, efter advisement with the Tables, is plesandlie re- ceavit. The beraris of the commissioun banketit in Edinbrugh. The soldiouris and mvnitioun landit, and vpone the tent day of Februar wes convoyit wp to the castell with ane strong guarde, haueing cokkit luntis, and wes within the castell plesandlie re- ceavit, bot ony kynd of offens, according to the Kinges owne direc- tioun ; and so the schippis returnit bak agane. It wes said the caus of thair cuming wes vpone sum contest be- tuixt the King and sum of his nobles, quhair thay alledgit the King wold not get his men nor munitioun receavit within the castell of Edinbrugh, and the King held the contrair opinioun, and gryte soumes laid doun in plege ; bot the Marquess of Hammiltoun, privie to this bargane, wreit haistellie doun to Edinbrugh to receave thir soldiouris in forme foirsaid, whereby the King micht be the more confident of thair loyaltie, quhairof his Majestie wes veray doubt- full, as the end indeid proveit ; as ye may sie heirefter, folio . Word cam heir that the King wes wnder sum suspitioun of his cubiculairis, and that thay war reveilling quhat thay hard him say to the Scottis, quhilk, I beleive, wes not far by, so lang as he keipit the Marques of Hammiltoun besyde him. Quhairvpone, and for ANNO 1640. 247 better secrecie, his Majesteis Scottish effaires wes advysit and reullit by ane committe of aucht persones, all Englishmen except lie lies ane committe. Hammiltoun. Word also cam about this same tyme that the King wes be- Bemck and cariciii gining to fortefie Bervick and Carleill with men, munitioun, and vther furnitour, sie folio 184. Vpone the 13th of Februar, Mr. Dauid Lyndsay, persone of Bal- helvie, moderatour of the presbitrie of Abirdein, declairit in presens of the presbitrie holdin in New Abirdein, that he had ordour fra the Tables to aduerteiss the moderatour of ilk presbitrie within this diocie or province, that the ministrie of ilk presbitrie sould convein at New Abirdein vpone the 25th day off Marche nixtocum, and thair to subscrive the covenant, with ane explanatioun thairof maid Ane covenant with ane be the generall assemblie, holdin at Edinbrugh the tuelf day of cxplanatK ' u " August, 1639, beiring that the covenant maid in anno 1580 and in anno 1581 abiui'it episcopacie out of this kirk as vnlauchfull. Like as, the said assemblie declairit the articles of Perth and buke of comoun prayer to be vnlauchfull in this kirk, quhilk explanatioun wes set doun in ane covenant maid wp be the generall assemblie at that samen tyme ; and that thay had givin ordour that it sould be suorne and subscrivit throw all the presbitreis of Scotland, minis- ordanit to be subscrivit. teris and auditoris, man be man, becaus this covenant, beiring the explanatioun foirsaid, wes ratefeit be the Erll of Traquhair, his Majesteis commissioner, sie befoir, folio 154. Lyk as, the said Mr. Dauid Lyndsay maid lauchfull aduertesment as he wes ordanit, that the ministrie sould first cum in to Abirdene, sueir and subscrive the said covenant, and then ilk minister to caus his parochineris sueir and subscrive the samen ; or vtheruaies not wp the names of these who refuisit to subscrive and sueir the said covenant. Bot he, at this presbitrie, desyrit Doctor Sibbald, ane of the ministeris Doctor sibaid re fui off Abeirdein, to sueir and subscrive the samen, who being present refuissit; wherevpone gryte triable, sorrow, and calametie befell him, as ye heirefter may heir, folio 197. Bot whidder the bi*etheren cam in to Abirdein, the foirsaid 25th of Marche, to sueir and sub- scrive, I cannot weill tell ; yit, vpone the 2nd of Marche, Abirdein subscrivit, sie folio 175. Thair wes also ane band drawin wp to be subscrivit be all maner 248 MEMORIALLS OF THE TRUBLES The band. A in' band to bo sub- of man within the boundis of the kingdome of Scotland ; and who so tb( Kmgis re f u i ss jt to subscrive the samen, that their names sould be markit and nottit. This band, in the moneth of Februar foirsaid, cam to Ahirdein, beiring in the end thairof ane informatioun, quhairof the tennour follouis : — Th.- tennour of tbis We, &c, blank and vtheris wnder subscriveand, considdering that fforsamekill, as in the lait trubles of this kingdome, diuerss weill affected nobillmen, gentill men, burgessis, and otheris, did deburss in moneyis, victuall, or vtheruaies, and hes takin vpone there credet gryte soumes of money, (the burding quhairof being too havie for them to beir), equitie and ressone craves that thay war releivitand ransbursit thairof; and speciallie seing the benefites, alsweill of removeing of evellis as the refoimatioun of religioun establishit by the last assemblie, indictit by our dreid soveraigne his royall auchtoritie, is commvnicat to all and evrie good and loyall subiect within this kingdome, everie one sould and aucht contribute equallie and proportionallie, ac- cording to his meinis and fortoun, for releif of the saidis commoun charges. And becaus the determinatioun of the parliament anent the said commoun releiffis is de- layit, and the tymc thairoff as yit vncertane, whairby those that had debursit, wnder- takin, lent there moneyis and victuall, and otheris lyis out of payment, alsweill of payment as anuelrentis, to the waikning and haserd of there credet, and to the danger of the rwin of there fortouns and estaites, vnless tymous and speidie courss and remeid be takin, be mvtuall concourss of the haill kingdome, for releif and de- fraying of the samen commoun burdinges. Thairfore we bind and obleige ws, and euerie ane of ws, oure aires, executoris, and successoris, ilkane of ws for oure awin pairtis, and conforme to the proportioun of our estaites, meinis, and fortouns, athcr in Xone knowis his landis, money, goodis, or vtheris, quhairby profeit and commoditie yeirlie aryses, to creditor. content and pay to, &c, blank persones appointit for ingathering of the samen, the just, equall, and proportionable pairt of the saidis haill commoun charges debursit, advanced, and furnished for the commoun bussines foirsaid, and the publict vse of the countrie, since the begining of these lait troubles, as the samen commoun charges salbe found to extend and amount vnto, efter tryell and jnst calculatioun of the ac- His estait to be valued, comptis thereof, by those intrusted with the examinatioun and tryell of the samen ; and that according to the proportioun of our landis, moneyis, goodis, or vtheris oure estait foirsaid, as the samen salbe valued and cstimat be four or ma seuerall suorne landit men, or vtheris of good credet, reputatioun, and fame, to be appointit within The b.-md. ilk presbitrie within the kingdome to that effect ; to whose determinatioun and estima- tioun, to be givin wp wnder there handis and subscriptiouns, wee do heirby submit our selffis anent the said estimatioun of oure estait and meinis, and that at the terme of Witsonday, 1640 yeires, nixtocum, in this instant yeir of God, or at suche vther terines, and in suche vther maner and forme, as salbe apointit by the generall ordor to be taken by those who ar intrusted thereanent. And becaus the foirsaidis soumes, debursit as said is, dois pay anuelrent termlie and yeirlie : Therefore, in cace off not ANNO 1640. 249 thankfull payment be ws, or ony of ws, ilk ane for oure awin pairtis, of oure propor- tionall pairtis of the saidis soumcs, sua to be imposit vpone ws at the saidis termes respectiue, we obleige ws and oure foirsaidis to pay anuelrcnt for the samen, at the Annuelrent incace of ordiner rate, efter the saidis termes of payment, with ten markis of ilk ane fai zlt " hundreth markis incace of failzie, but preiudice aluaies to sute executioun heirvpone. And becauss the proportionall partis ar to be payit be ws, alsweill heritouris, lyf- rentaris, and otheris, according to the proportioun off our yeirlie worth, rent, estait, and meinis, as frie rent and worth, and not burdenit with debtis and vther burdinges : Thairfoir it is heirby declairit, that the debitor sail haue retentioun Ketentiouu. fra his creditor in the first end of the rent or anuelrent of the dew proportionall pairt of the said soume, effeirand to the rate and quantetie of the said anuelrent or burding, payabill be the said debitor to him or thame. It is heirby declairit, The band, that what soumes of money, victuall, or vther goodis or geir, debursit or lent, or imployit for the publict vse, or taken be warrand of the commissares or officiares of the armyes, and for the armyes vse, vpone promeiss of repayment, be word or wreit, the samen salbe allowit to the persones deburseris, or from whome the samen war taken, efter tryell maid be those entrusted vpone the saidis accomptis, that the samen is just and ressonable ; providing aluaies, the saidis debursmentis be givin in to the saidis persones entrusted with the saidis accomptis, betuixt and the &c. blank day of blank nixt to cum, togidder with the instructionis thairof, vtheruyss no allow- ans nor retentioun to be grantit. As also it is declaired, that what persone or per- sones sail not pay there anuelrentis yeirlie, within the yeir, at lest within thrie monethis thairefter, sail haif no retentioun of the said proportionall pairt ; and for the mair securitie, &c. Nota. Heir wes set doun the commoun claus of registratioun vsit in bandis and obligationis maid in the countrie. This band wes mervallous in the sicht of the people, so doubt- fullie and ambiguouslie drawin wp, as none knew to whome he wes bound and oblegit, bot left blank. Ilk manis estait to be valued, and conforme to mak payment, without warrand or auchtoretie of the King, bot extendit be subiectis vpone groundis of trubles begvn by them selffis, and for there owne releiffis to impose soumes vpone subiectis. This wes thocht veray hard, and effrayit the people SO, Men knew not what to that thay knew not what to do ; for if thay refuisit to subscrive d °' thay wold be trublit for the samen, as ye may sie in the end of the informatioun following ; and if thay hapnit to subscrive, it wold compell thame to give out thair geir, whidder thay wold or not, for roiiouisane imorma- improfitable endis as thay thocht. Vtheris that war covenanteris ; ' oun ' wold go on and subscrive vpone all haserd, as ye may sie heirefter, folio . 2 i 250 MEMORIALLS OF THE TRUBLES Vpone this doubtfull and ambiguous band follouit ane vther peice, drawin wp likuaies in wreit vpone paper, callit ane Informatioun. writtin be it self, quhairof this is the coppie : — The informatioun. Forsamckill as many and diucrss noble men, burgessis, and otheris, out of there good affectioun to religioun and liberteis of this kingdome, haue debnrsit moneyis, givin out victuall, or ingagit thame selffis for soumes of money and vther prouisioun necessar, and vrged for the publict vse of the kingdome, the rcleift' quhairof wes ex- pectit to liaue bein maid by act of parliament ; and now, seing the determinatioun of the said parliament is delayit, and the tyme thairof vncertane, whairby these who haueing ingageit them selfis, or debursit the saidis moneyis or vther prouisiouns, lyis out of payment alsweill of principallis as anuelrentis, to the haserd of their credetis, and danger of there fortouns, quhilk is contrary to all equitie and ressone, seing the benefites (aryses alsweill of removeing of evellis as the reformatioun of religion) ar equallie comunicated to all and evcrie good subiect, according to their seueral estaites and degreis : we ocht, therefoir, in equitie beir a proportionall pairt and burding of the said commoun charges, according to oure estaites and fortouns. For effectuating quhairof, necessar it is, that the rule of proportioun be keipit, and everie man, alsweill to brughe as land, pay ane equall and proportionall pairt, according to his estait and rent of landis, moneyis, tred, or vtheris quhairby yeirlie profeit and commoditie aryses. And to the effect the samen may be pcrformit in the maist equi- Tiic informatioun. table and fairest way, it is necessar : First, that the generall band be subscrivit be all the noble men, gentilmen, heretouris, and vtheris within everie schirefdome, who salbe convenit for that effect be the persones efter specifeit ; and quhilk persone sail mak a particular account thereof, betuixt the dait heirof, and the &c, blank day of blank nixtocum, with ane particular not of the names of these who haue subscrivit the samen, and of those who refuisis and delayes to subscrive the samen, alsweill burrowis as landit persones. O r d er ; s Nix-t, that the noblemen, gentlemen, and otheris, heretouris within ilk presbitrie, at the leist so mony of thame, as efter intimatioun to be maid to them, may convein, and mak choiss of four or mae landit men suorne, or vtheris of good fame and credet, who sail tak exact tryell in just maner, as thay sail think fit, of the yeirlie worth of euerie manis rent and estait, in victuall, money, or vther rent, quhairby yeirlie com- moditeis aryses without brughe ; and to distinguish the particular rentis of euerie seuerall paroche, and to mak the estimatioun of the victuallis, as thay sail fynd res- sonable. Secundlie, thay must keip the particulars off euerie manis particular rent besydes thame selffis, that the samen be nocht divulgat to there owne nichtbouris amongis them selffis. Thridlie, the saidis persones sail tak wp and csteim the saidis rentis all as frie rentis, without deduction of ony burdein, except ministeris stipendis and few deuteis, or vtheris dew to his Majestic, as where there ar claussis irritant. ANNO 1640. •251 The rentis of byeris and selleris of victuall, and vthcris handleris and traffekcris without brughe, must be estimat according to the stok. Lifrentaris must pay as heretouris, and there rent givin wp in like kind as here- touris. Consideration must be had whair girsumis ar payit at the entrie, and small deuties thairefter, that there rent may be estimat conforme. So sonc as the saidis persones hes takin ane exact tryell of ilk manis particular rentis within ilk parochin of the saidis presbitreis, thay must set doun ane roll of the parochis within there presbitreis, togidder with the totall soume, in cumulo, of the rent of the parochin, alsweill in victuall as in money; quhilk roll must be Orderis. subscrivit be thame, testefeing the samen to be trew, vpone there honor and credet, according to there knouledge. There is one apointed in everie presbitrie within the kingdome for agenting this bussines, and sie it put to ane spedie and finall conclu- sioun, who must be ansuerabill to give ane account thairof, and to report the samen to these at Edinbrugh, who salbe intrusted in the commoun bussiness, and that betuixt and the &c. day of blank nixto cum. And for keiping the proportioun dew be the brughis, it is condiscendit that betuixt and the blank day of nixtocum, the maiestratis within the brughe sail mak choiss of thair avvin ordiner number and qualetie of the persones vsit in lyke caces, who salbe suorne to mak ane just and trew estimatioun of everie manis rent within there brughe, burgage land, and tred Ireddaris to pay. (there duelling houssis exceptit) and give wp the samen in particular to the foirsaidis maiestratis, who salbe oblegit to report the samen, in cumulo, to these who sail re- seid at Edinbrugh, wnder the saidis maiestratis handis, on there honour and credet. And for eschewing the discoverie of everie manis estait within or without brughe, quhairby there credet may be ingageit, it is to be rememberit that everie man must pay for his rent (except the ministeris stipendis and few duteis foirsaidis) as frie rent, without ony burden of debt, valued bollis, or vther deuteis quhatsumeuer ; for recompenss quhairof, everie debitor sail haue retentioun from his creditour of ane proportionall parte, according as the compositioun salbe laid on, and the anuelrent salbe frie of ony vther payment for that ferme out of whiche the said proportionall parte salbe deducit, and sail not be stentit for the samen, whidder he duell within or without brughe ; providing aluaes, that incace the said anuelrent be not payit yeirlie, at the leist within thrie monethis thairefter, there salbe no retentioun of the said proportionall pairt ; the lyke proportionall retentioun is to be had for the valued bollis or vtheris burdinges or debtis payit out of there landis or rentis. And lest the said commoun releif sould be henderit or delayit in any sort, it is condiscendit, that if the report sail not cum fra the parochis, presbitreis, or brughis, at the day prefixit, in that case it is determinat, that those who sail haue trust in the commoun effaires, sail haue pouer to impose vpone the saidis parochins, presbitreis or brughis, suche proportionall pairt as thay sail think expedient. Sua we intreat yow sie these thingis done, as we salbe your assured freindis. Sic Subscribitur, Argile, Montroiss, Eglintoun, Rothass, Cassellis. Thair subscriptions. Edinbrugh, 18th Januar, 1640. 252 MEMORIALLS OF THE TRUBLES Ane ambiguous band. The foirsaid ambiguous and blankit band effrayit many fra the subscriveing thairof, as done without warrand of his Majestie, or set out be subicctis be auchtoritie of the parliament, set furth be subiectis vpone sub- iectis, quhilk aucht not to haue ony obediens, nor men to give out Men is sore effrayit. there geir vpone sic lawles statutes. Vtheris agane of the covenant The covenantcris seimis •u , i •n* !• J a i_ 1 a -i W iin n g. yeildit more wuhnghe, and wes content to subscrive and contribute to the good causs, (suppose aganes thair willis if thay durst have avowit it). Thus this band and informatioun cam to Abirdene Abirdene gois to conn- about the thrid day of Februar, as is befoir said. Thay went to There ansuer. counsall and concludit, that what the kingdome and rest of the burrowis Avoid doe, the toune of Abirdene sould do the lyk. Sie more heirefter, folio 179, and on the vther syd heirof. Yit treulie no trubbill follouit vpone the subscriving of this band, as wes lookit for ; yit Abirdene payis well, as ye may sie heirefter, folio . Lodovick Gordoun gois Vpone the 14th of Februar, Lodouick [Gordoun] cam into George moneyifc ther Middletouns hous in Old Abirdein with trvnkis and money, to be careit to the Marquess of Huntlie his father, now at court in Eng- land. He schippit at Abirdene, haueing the laird of Cluny and laird of Foverane, with sum vtheris in his company, vpone Good Frydday, the 3rd of Aprile. Sie more of Lodovick heirefter, folio . The covenant! explana- Sondav, 16th of Februar, Doctor Goold red out the covenant in noun and ratificatioun -^ ew Abirdein e fter sermon, with the assemblie of Edinbrughes explanatioun, and the Erll of Traquhair his Majesteis cominission- eris ratificatioun of the samen, and approbatioun of the counsall, and exhortit the people to subscrive and sueir the samen. TheFameiic Exerceiss. Doctor Scrogie, vpone the samen Sonday, in Old Abirdein, efter sermon exhortit ilk maister of famelie to the imprinted Famellie Exerceiss, morning and evning, quhilk sum wes vnhable to do, vtheris not capabill to reid. tik Erii Marscbaii,and Vpone Mononday, the 2nd of Marche, the Erll of Marschall and AbirdeinTo8U U thu t new Lord Fraser cums in to Abirdein, about 16 horss, lodgit in skipper covenant and band sub- Andersonis hous, and e;at the wyne and cumfettis fra the toun. Thair erand wes to sie this new explained covenant and band sub- scrivit be the touneschip. [The] drum gois chargeing them all to convein within the tolbuith of Abirdene, whair Mr. Dauid Lyndsay, persone of Balhelvie, Doctor Goold, and Robert Keith, schiref deput of the Merniss, wes direct be the lordis to attend thir sub- ANNO 1640. 253 scriptionis, bot thameselfis baid in there lodginges. Now the AWrdein is convenii prouest, balleis, and haill counsall (except Mr. Thomas Gray, ane £* 8y aubscrive ««p« of the balleis, Thomas Couk, Adame Gordoun, and George Mori- soun, thrie of the counsall) being all pryme covenanteris (and for that caus put in office) cam in to the tolbuith and subscrivit the samen explanit covenant, and sueir also and subscrivit the band formerlie exprest ; bot the foirsaid four wold onnawaies yeild thair- to. George Pyper, Magnus Robertsone, and Williame Ord, thrie of the deaconis of croftis, sueir and subscrivit to brak the iyse for the rest. Mony vtheris, both burgessis and craftis, sueir and sub- scrivit; vtheris constantlie refuisit, whose names war nottit. There Thah- name.- aottii tha< cam also in sindrie barronis and gentlemen to the toune, sueir and re,uissis subscrivit the same. At last the Erll Marschall and Lord Fraser commandit the prouest and balleis to sie the haill toun sueir and subscrive in forme foirsaid, quhairof sum wes absent, and sum took to be advysit, and vther sum had suorne and subscrivit, or vther- uaies to tak wp the names of the refusearis, and so the lordis, vpone Wednisday the 4th of Marche, rode home ; sie heirefter, folio . Bot befoir thair way going, the Erll Marschall caused Walter Robertsone, towne clerk, produce ane band of allegians, Ane bami of aiiegianci subscrivit at command of the Lord Oboyne be the brughe of Abir- substllut t0 t,le Klllt: dein, as ye haue befoir, folio 134 ; whairin thay oblegit thame to stand and abyde be the King in all fortouns, aganes whatsumeuer vther factious and seditious persones, not to disobey his command, Is deliuerit to Marshall, bot submit in all obedience, nor enter in ony covenant, as is at lenth desired the cov"nan- set doun at folio 134 foirsaid. This band wes consignit, be com- tcns moun consent of the Lord Aboyne and toune of Abirdene, sub- scrivers thairof, in the keiping of the said Walter Robertsoun. The Erll Marschall getis word of this band from sum of the cove- nanteris who had subscrivit the samen, and quhilk thay wold, for there owne honestie, haue sein distroyit. The Erll sendis for the toune clerk, craves this band, quhilk he refusit to him, bot de- liuerit the samen to Patrik Leslie who promesit to warrand him ; and the said Patrik delyuerit it to the Erll, who immediatlie rave and distroyit the samen, that it sould never be kend what cove- nanteris war the subscriveris ; and syne he with the Lord Fraser depairtit from Abirdene in maner foirsaid. 254 MEMORIALLS OF THE TRUBLES Ane fisher boit of Futtj Vpone Thuirsday 5th Marche, ane fishe boit of Futty haueing ane skipper and four men, going out to pilot in ane Dundie schip (in stress of wedder) to the harberie, brocht hir in saif and sound be conduct of the skipper, who, howsone he burdit the schip, sendis bak his owne boit with four men, who, in thair rolling hame to oure harberie, the boit perishis, thrie men drownis, and the fourt found with litle lyf. Thus is Abirdein wrackit both be sea and land, and all for our owne synis. Patentis to iforthura- Now word cumis to Abirdene that his Majestie had directit out his letteris patent to the Erll of Northumberland to be capitane generall over his Hines forces, both be land and sea. Of the quhilk patentis, one after another, the tennour follouis : — Charles Rex. To oure richt trustie and weilbelouit cusing and counsallour, Algernon, Erll of Northumberland, Lord Heicbe Admirall of Ingland, and knight of the most noble ordour of the garter : We haue ordaned and do heirby ordane yow to be capitane The Kingis patent to the generall of oure army, to be levied bothe in our kingdome of Ingland and dominioun Erll of Northumberland 0 f \y a i es an d to be ioyned to our forcess in Scotland ; and therewith, bothe to re- to be capitane generall. . * * ..... . . sist and with stand all invasiouns, tumvltis, seditiouns, conspiraceis, or attemptis that may happin within our said kingdome or dominioun of Wales, or to be maid aganist oure persone, stait, and saifty, croun and dignety ; and also to be led intill our king- dome of Scotland, thair to invaid, assault, repell, resist, fight with all, subdew, slay, and kill all and everie one of our enemeis aganist ws, of what natioun so euer, within our said kingdome of Scotland or ony pairt thairof, (with seuerall claussis more fullie nor the Erll of Arrundaillis) to assemble and bring togidder what forces he thinkis fitting, alsweill of the armed bandis as of otheris, to creat eollonellis, capi- tans, &c, to transport his forces by sea and land, to mak proclamations, to grant pardon, to execute martiall lawis, &c. Charles Rex. To our trustie and weilbelouit cousing and counsallour Algernon, Erll of Nor- thumberland, &c, Wee, out of the experience of your approvit wisdome, valor, The Kingis patent to the fidelity, and grite habilitie, haue ordanit yow our Admirall, to be capitane generall ErU of^Northumberiand anc j g 0vern our of oure fleit royall, of our sea forces, and all our schipis, pynnages, &c, with seuerall claussis, to fight with any prince schippis not in ametie with ws, or ar enemy to ws, and to synk, distroy, burne, and tak, or boord any sic schippes. and the persones thairof to slay, kill, put to deathe or pardon as your wisdome sail sie good. ANNO 1640. 255 Both thir patentis ar daitit the 15th of Februar, 1639, according ihedaitis. to the English computation^ becauss thair yeir changes not quhill the 25th of Marche, bot with our computatioun in anno 1640. Thir patentis war abruptlie coppeit in Edinbrugh, and send to Many judgis of thir Abirdene. Sum judgit thame falss and fabulous, vtheris thocht them over trew, ilk man had his awin opinioun, and mony stood in gryte feir. Howsoeuer the mater wes, this Erll refuisit to accept Northumberland re- thir offices; and in the Kingis owne presens, and face of parliament, " u accep ' laid doun his battoun of his office of admiralitie, quhairat the King ihe k\ ag is oftVndit. wes heighlie offendit ; bot this Erll wes vtheruaies set, being for the parliament all the way, as may heirefter be sein ; and he no sooner quytit the admiralitie bot the Erll of Warvick, at his owne Warwick meins with * J the Admiralitie. hand, mellit with the samen office, but consent of the King, as heir- efter appeiris, folio . And the deputie of Ireland acceptit vpone The Lhetennand him to be capiten generall of his Majesteis army be land ; sie the This scottis charge is 26th leaf of the charge of the Scottis commissioneris aganes Can- £"f 1 / nprintit besyd terbury and luftennand of Ireland. It wes said the King had indictit ane parliament to be haldin in Ane parliament in ire Ireland, and to sit doun the ellevint of Marche, 1640, be the lord Ia " J " deputie thairof. Efter thay convenit, thay condiscendit to levie Thair eff . lilt . s aucht thousand men for the Kingis service, no doubt be the deputeis persuasioun, who wes absolutlie for the King ; and thus this parlia- Thay ryss. ment schortlie endit and raiss wp. The King likuaies had indictit ane parliament to be haldin in A ne parliament indicted England, and to sit doun at Wastminster the 13th of Aprile, 1640. in Ins ' and The King wes in a maner compellit craftellie to indict this parlia- crafteiiie projected, ment, whiche bred him great sorrow, as efter yow sail heir, vpone tuo contrarie endis ; the King seiking reparatioun of the Scottis, thay his English subiectis seiking ane parliament for reformatioun niuerss endis. of kirk and pollicie, according to the forme and maner concludit be- tuixt the houss of commonis and sum nobles of England, and sum of oure nobles and clergie of Scotland, in ane clandestyne covenant clandestine covenant, maid betuixt thame, quhairby oure churche government and state government sould in both nationis be alyk and in one. The King, ignorant of this bussiness, and taking none to be the traittouris and beginneris of this reformatioun bot the Scottis, deallis with the English to assist him aganes thame. Bot thay ansuerit, without 256 MEMORIALLS < >F THE TRUBLES. ane parliament that [thay] could not condiscend to the raising of His .wni.-steis desire and war and his Majestie loth to grant ane parliament, for diuerss good ressones. Yit he is compellit, looking to get his will over the Scottis, to grant ane parliament, quhilk did him litle good, hot bred him gryte trubbill, as efter ye sail heir. He is far disapointed. Aluaies, he indietis ane parliament. Thay sit doune the foirsaid The first article touch- 13th of Aprile at Wastminister. The first article that cam in (his ^sp^Armado. Majestie looking thay sould haue begvn at the raising of ane army aganist the Scottis) wes vpone the incuming of the Spanish ihe Kingis ansuer. Armado defeat in Downes. The King declairit he knew nothing of there aiming, nor of there intentioun ; the estaites being wnder deidlie suspitioun of his Majestie, and that thay war send (be his knouledge) by the Pope and the King of Spayne to assist the papistis of England. Che Kin- ciavis ane Aluaies his Majestie haueing pvrgit him self, he craveit ane subisidie of men and money to warr vpone the Scottis. The over houss, for the most pairt, and bischopis, wes content. The lover The lou r houss s houss send wp to the vpper houss (befoir thay wold condiscend) ane commissioner with thrie articles. 1. Sattilment of religioun. 2. Privilege of Parliament. 3. Richt of subiectis. Quhiche articles The Kingis ansuer. ms Majestie wold onnawayis heir, since he alledgit it wes not for this causs he indictit ane parliament, bot onlie to haue gottin pouer to subdew the Scottis, quhilk being done, that then thay sould haue there desires, bot thay (vtheruaies set and oblegit) wold nather call i raisis the parliament nor dryve. Quhairvpone the King, in gryte anger, raisis this par- foii 0 eSa11 S ' B heirefter liament, bot ony more ado. It wes vehementlie suspected the Duke of Buckinghames factioun, the archibischop of Canterburry, and suspitioun anent the diuerss papistis, had bein vpone the inbringing of this armado, ather Spanish Armado. for to haue cum to Englam i or then to Scotland. Aluaies, this parliament is brokin wp by persuasioun of the livetennand of Ireland, as ye may sie on the imprinted paper (lying besyd my self) callit The charge of the Scottish commissioneris aganist Canterburie and the live- tennand of Ireland, Sfc, folio 26, and how he procured himself to be capitane-generall, quhilk the Erll of Northumberland had abefoir The parliament oflendit. refusit, as ye haue, folio 177. The parliamentaris seing the parlia- ment (so happellie indicted to there mynd) broken wp so suddantlie aganist there expectatiouns, becam heichlie offendit. Aluaies, be- ANNO 1640. 257 ioir this parliament wes raisit, there wes sum charges givin, sie charges agams sum , .„ i nobill men of Scotland. heirefter, folios 183, 184, aganes sum nobill men and aganes the Erll Argyll; sie, folio 189, of the raising of this parliament vpone the fyft day of May. It sat doun the 13th of Aprile, and raiss wp the foirsaid fyft day of May, folio 189 heirefter, as is formerlie said. Doctor Gordoun, medicinar, and ane of the foundit memberis of Doctor Gordoun de- the colledge of Old Abirdein, and commoun procuratour thairof, de- teassii- pairtit this lyf vpone the tent of Marche, in his owne hous in Old Abirdein ; a godlie, grave, lerned man, and singular in commoun warkis about the colledge, and putting wp on the stepill thairof most glorious, as you sie, ane staitlie crowne, throwne doun be the wynd abefoir. Mr. Robert Ogiluy, subprincipall, chosin commoun Mr Robert ogiiuy n tt . -i ii t • commoun procuratour. procuratour of the said college in his roume. Vpone the day of Marche, the Erll Marschall compellit the toune of Abirdein to pay 600 merkis money, for mantenans of about Abirdene pajis GOO 24 capitanes and vther officiares, who had lyin and wynterit in New markis - Abirdein. Thus is this toune oppressit grevouslie. In this moneth of Marche thair cam ane imprinted paper to Abirdein, intitulat Ane Informatioun from the Estaitis of the King- Ane informatioun to dome of Scotland to the Kingdome of England. England. In this paper is set doun diuerss and sindrie heidis : 1. The The heidis thairof. forme of the confederatis thair procedure, justefeing thair covenant to be lauchfull according to the lawis of Scotland ; willing, there- fore, thair nightbour kingdome nocht to square there doingis be the Englishe lawis, nor to tak midling betuixt thair King and them in state materis, more nor thay do betuixt thair king and thame in state materis within England. 2. Thay fynd fault with the Erll of Traquhair anent his behaveour at our parliament, being the Kingis commissioner, and of sum speiches spokin be him in presens of his Majestie and counsall of England. 3. Thay find fault for putting of sum of the lordis af of counsall, but heiring or tryell, as ye haue befoir, folio . 4. Thay find fault with the copper cvngzie passing for tua pennies, of litle or no worth. 5. Thay find fault with ane treatise alledgit set out be maister Walter Makchanchell, garnishit, as thay alledgit, with 2000 calumneis and lies, and that thay could not get him lyable to the censur of the Scottish lawis for this his slanderous writting. Thair is diuerss vtheris regraites concerning 2 K 258 MEMORIALLS OF THE TRUBLES this paper. The King is offendit Colvill is wardit. Yit put to libertie. Abirdenis outstunderis subscrives. Maister Walter Bak- chanchell wreitis ane tretiss. bothe churclie and pollicie set doun in this paper ; and with all thay vse ane freindlie admonitioun touardis Englishmen, wissing thame onnawayes to move warr aganes the Scottis, lest the papistis tak the advantage of there waikness, and subdew this iland to poperie. Thir ar sum of the particular heidis of this paper, quhilk wes im- james Coiviii dispersis printit ; and ane Scottisman callit James Colvill sent out of pur- poiss with about 2000 of thir paperis to England, there to disperss and spred the samen throw the countrie, to mak there causs good, and thair grevancess intollerabill. The King heiring of this, takis it heichlie, causis apprehend the spredar thairof, James Colvill, and wairdis him for dispersing of sic seditious pamphletis ; yit set to libertie, sie heirefter, folio 185. Now many of our tounes people (who stood out befoir) subscrives the generall band of releif, sie more heirefter, folio 183 and folio 187. This maister Walter Makchanchell wes laureat doctor, and ane lemit man, who leivit and servit the King as one of his chaplains. He attended the generall assemblie holden at Glasco, and markit thair procedure punctuallie. Whairvpone he took occasioun to wreit ane treatiss, declairing the plotteris and proiecteris of this covenant, the order and procedure of the assembly foirsaid, there actis, ordinances, citationis, deprivationis of bischopis, excomvnica- tionis, and the rest, to be altogidder vnlauchfull, aganes the lawes and auchtoretie of the Kingis Majestie ; and offerit him to verifie and prove ilk particular of there procedure, nowayes warrantable be law or auchtoretie, or suld subsist as lauchfull, as is at gryte lenth set doun in his printed treatise, as report went. Bot howsone this peice cam to licht, it inraged the confederatis in sic sort as thay culd get no rest whill thay had him (being a Scottisman) censurit thairfoir, and wreit to his Majestie, as is befoir nottit in the informatioun. Bot he fled to the King for savegaird, The Km- preferns him who (insted of sending him into Scotland, as the confederatis de- 1 ' Jmc- syrit) preferrit him to ane Englishe benefice of ane thousand pund Stirling to leive vpone, becauss he durst not byde in Scotland, and wes dean of Durhame. It is said this treatise he dedicat to the King him self. a It greives the con- federatis. Thay labor to get him a This refers to the well known work, written by Dr. Walter Balcanquall, en- titled ' A Large Declaration concerning the late Tumults in Scotland, &c, by the King.' London. 1639, fol. ANNO 1640 259 In this moneth of Marche, Edinbrugh beginis to haue ane strong Edinbrughe begmis to watche of aboue 400 men nightlie. Thay raiss fortificationis to de- "* c e fend the toune aganes the violens of the eastell. Thay raiss raid- Midding montis. ding montis vpone the calsay, and fillis wp sindrie houssis with sand and water to resist fyre warkis. Thay set thair ingyne to do what could be done to withstand the furie of the eastell cannon, as occurrit. Thay set 200 men on watche in Leithe. Generall Ruth- Leith «utchit. ven, heiring of thir doinges, sendis doun to the toune of Edinbrughe in wreit fyve articles. 1. To cast doun sic fortificationis as wes Ruthvenis 5 articiesfra biggit. 2. To desist and leave af from all forder building. 3. Not the cas " e " to muster there men daylie in sicht of the eastell, as thay war in- deid daylie doing. 4. To discharge there daylie dreilling within the toune. 5. To send in men and materiallis for repairing of sum fallin doun wallis within the eastell, vtheruaies to be vpone thair garde. It is said the toune discharged mustering befoir the eas- tell, and that thay war content that capitane Scrymgeour «ould cum doun and mak interruptioun to the bigging of there montis, be cast- ing doun thrie or four schoollis full fra the wark, quhilk wes done, and thay send in men and materiallis for helping of the wallis with- in the eastell, and a peace takin wp in the mein tyme, quhill both a peace, the toune and the eastell aduertisit the King, and ilk ane send vnto him seuerall raessingeris to that effect ; and in the mene tyme, for a certane space, trewis wes takin wp betuixt the toune and the eas- tell, as is formarlie said ; bot befoir any ansuer cam fra the King, the trewis expyrit. Quhairvpone the toun of Edinbrughe began T 'ie peace expim. agane to there fortificationis, raisit midding mountis at Hereotis Edinbrugh feiiis i > wark, a and vpone the hie calsey, and at sindrie vther pairtis within wark and about the toune, for thair defenss, stellit cannonis on ilk ane of thir montis for persute of the eastell. Quhairvpone the castileanis began to schoot at the toun with gryte schot, bot did no skaith ; the The eastell schootis. tounes people not schooting agane, but suffering patientlie, and complanit be thir letteris vnto the King for this persute. Generall Ruthven thocht he had good ressone for what he did, not onlie for And ressons why. raising of there fortificationis, bot also for refuseing him freishe 1 Probably the buildings of George Heriot's hospital, which were in the course of being erected. 260 MEMORIALLS OF THE TRUBLES meites ; quhairvpone sum of his soldiouris stall away over the soidioris sdk in the flux. wa llis, vtheris of the English soldiouris fell seik in the flux. Now The s p u >-- Edinbrugh intendis to wndermyne the Spur, thairby to tak in the Letteris intercepted. castell, bot thay wan nothing thairat. Letteris wes daylie inter- cepted, quhairby the castileanis hard no word fra the King, becauss Edinbrugh laid wait for sic letteris. The Era of southesk, Word cam to Abirdene, about the last of Marche, that the Erll schir LuesVteuartf and of Southesk, maister James Fairlie, bischop of Argile, schir Lues Steuart, aduocat, Mr. James Gordoun, keipar of the signet, Mr. James Farquhar, writtar to the signet, Mr. Robert Patrie, agent, with diuerss vtheris, about 24 persones, war all takin and appre- hendit in Edinbrugh as enemeis to the confederatis, as thay alledgit. Thay war all wardit in tounes menis houssis of Edinbrugh, yit nichtlie watchit that none sould go out nor cum in by there knou- Many mervaiiis at there ledge, becauss thay war all ante covenanteris. Many mervallit at thir proceidinges how the Kingis subiectis sould be takin and abusit be subiectis, but auchtoretie of the King, law or ressone. Aluaies, Thay subscrive the cove- whidder thay wold or not, thay behovit to cum in sueir and sub- nant, and ar put to . . .... ... . liberty. scrive the covenant befoir thay war put to libertie, togidder with the band of releif. Thairefter, the (new styllit) estaites sendis the said southesk send to Eng. £ r jj 0 f j§ ou thesk to England with ane new imprinted informatioun, schir Thomas Thomsone to informe thame of England of our bussines. Schir Thomas Thom- substrives. . . . sone wes also takin. He cumis in, sueiris and subscrives the cove- nant and band of releiff. He is put vpone the counsall, thairefter trapp.it for sending sum of the Kingis letteris privatlie to Generall Ruthven in the castell, quhairat the estaites wes heichlie offendit, He is laid in the ironis, he sitting at there counsall Table ; for the quhilk he is laid fast To'the Bouii'rod"' 1 had m the ironis in the tolbuith of Edinbrugh, and thairefter put to libertie, and had to the Boull rod with the rest, sie heirefter, folio Vpone the second day of Aprile Doctor Goold, rector of the Oldtoun colledge, with sum maisteris and memberis thairof, had ane meiting, quhair sum of the regentis had there stipendis aug- ur. James sandilandis mentit. Mr. James Sandilandis dimittit his place as canonist with dimitis displace to be ...... . . , . . - . ^ canonist. g r yte subtihtie, becaus our kirk wold not let him bruke it, nor surrer his convoy, and subtih- ^ e canon lawis to be teichit. Aluayes, he fyndis out moyan to be civilist, to mak wp commoditie for licht seruice, quhairat the col- ANNO 1640. 261 ledge memberis still grudgit, he being commissare clerk of Abirdein. to be ciuilist also, sie befoir, folio 165. a Frydday, or Good Frydday the thrid of Aprile, no preiching nor n 0 commvnion on .., . ,1 i i • i • i Good Frydday, nor i'asli commvnioun in either or the Abirdenis, as wes vsit and wont, nor da} . » ' At the Kingis Colledge, the first day of Appryll, 1640 zeiris, con- venit Mr. William Guild, rector, canonist, supprincipall, grammarian, Doctor Patrik Dun, Doctor of medi- cine, and Mr. Wm. Moir, bailzie of Aberdeine, tua of the assessouris, Mr. Alex. Gardyne, regent. The rector, assessouris, and memberis haue electit and chosin Johne Barclay procuratour for the natioune of Angus, George Baird for the natioune of Mur- ray, George Midiltoune for the nation of Mar, and Patrik Sandilandis for the natioune of Louthian, all studentis in the colledge, to the effect eftir specifeit ; quhilkis nationall procuratouris acceptit the said office in and wpone thame, and gave ther aithis de fideli administratione. The said day, Mr. James Sandilandis, canonist, personallie present, dimittit his office and chairge of the cannon law, to the effect the rector, nationall procura- touris, memberis, and assessores, being willing that the said office of the cannon law, with the haill benefeit and profeitis theroff to the professioune of the civill law, now waccand be dimissione of Mr. Roger Mo watt, advocat, last civilist, in the persone of the said Mr. James, micht proceid to ane formal! electioune. The ([uhilk dimissione wes maid be the said Mr. James, wpone the speciall provisiones and conditiones following : To wit, that he be formallie and lawfullie presentit and admittit to the said office of civilist, and be prowydit to the haill profcittis and emolumentis, quhilk abefoir appertenit to him as canonist, and is equall with the subprincipall or grammarian ther pro- visione ; and lykwayis wpone conditione, that iff any question, truble, or molesta- tione suld [arise] in his peacabel bruiking of the said office, and benefitis, and emolumentis foirsaid, that he sail ha we full access and regres to the said office of the canon law, and haill benefeit and emolumentis thairoff, notwithstanding of his dimissione foirsaid, quherwnto thir presentis sail nowayis be prejudicial! ; quhilkis conditiounes and prowisiones forsaid, the said rector and memberis ac- ceptit and allowit. The assesouris, nationall procuratouris, and memberis forsaidis, electit and choosit the said Mr. James Sandilandis professor of the civill law, with the fruitis and emolumentis foirsaidis, during his lyftyme, quha ac- ceptit the said professioune in and wpone him, wpone conditioune and provisioune foirsaid, and gave his aithe de, fideli ad- ministratione. The said day, the rector, assessouris, and memberis forsaidis, have decernit and ordanit, that the present regentis sail have ther zeirlie stipendis augmen- tit, according to the proportioune of the subprincipallis present stipend and auld fundatioune, viz., of new augmenta- tioune, to ilk ane of them fourtie pundis mony for elewin bollis wictuall convertit, tualff pundis silver, and tua bollis bcir ipsa corpora, by and attour four bollis bear and fourtie aucht, with thair buirdis auld stipendis, making in the haill the sowme of ane hundrethe pundis money and sex bollis beir, by ther buirdis foir- saidis ; quhilk the commoun procura- tour is ordanit to ansuer thame be assig- natioune, according to the accustumat forme. The silver at tua termes in the yeir, Mertimes and Witsonday zeirlie, be equall portiones, and the bear befoir Pashe zeirlie, begining the first zeris pey- ment of the said stipend at Mertimes last and Witsonday nixt, of the silver and of the bear befoir Pashe nixt, and that for ther service as regentis, from Michaelmes last to Michaelmes nixt,' (Minute Book of King's College.) 262 MEMORIALLS OF THE TRUBLES A stormy nit seid. Deir peitis. The ressone. Deir victuall. The Erll Marshall chargit to the parliament of England. The ressonis. Sindrie vtheris chargit of the nobilitie. Thay all disobey this charge. Felt Lesly is agane chosin generall. Abirdene now subscrives. The Erll of Jlorray gois south. yit givin on pash day ; bot wes givin thairefter in New Abirdein (bot not in Old Abirdein) vpone Sonday 26th Aprile. Gryte frostis and snaw in this ait seid tyme, no plewis going, and litle seid sawing, (so vehement wes this storme) aither in Marche or Aprile. No peitis culd be had to burne, for ane lead wold haue cost 13s. iiijd., quhilk wold haue bene coft vtheryeires for ijs. The browsteris left af to brew for want of fyi*e. The ressone of this scarsetie wes, becaus the covenanteris cuming heir in Marche, 1639, causit the haill seruandis, who suld haue cassin the peites for serving of both Abirdeinis, flie out of the countrie for feir ; and so not onlie wes oure peites deir, bot, throw the vnseasonableness of the spring, the victuall also becam veray deir. It is said, that about the fourth of Aprile ane lion herauld, accom- paneit with James Philp, now clerk to the secreit counsall, cam to Dunnottar, and chargit the Erll Marschall personallie to compeir be- foir his Majestie and his parliament of England, at Westminster, the 13th of Aprile, to heir and sie our Scottis commissioneris (now lying at court) receave an ansuer to there supplicationis, and for sic vther ressones as wes contenit in the charge, wnder the pane of tressoun ; and vpone this charge the herauld took instrument in the said James Philpis hand, who wes send with him for that effect. The Erll wel- cumit the herald, desyrit him to stay and drink, quhilk he wold not do, bot tuke his leive. It wes also said that this herauld had givin the lyke charge to diuerss vtheris nobles, sic as the Erllis of Rothass, Montrose, Cassallis, Kingorne, Argile, Generall Leslie, the Lordis Lyndsay and Balmyrrinoche ; bot thay all disobeyit the charge, and, vpone thair owne ressons, made protestationis aganes the same, sie folio 184. About this tyme, Felt Marschall Leslie is again chosin generall of our Scottis army, and the nobles, barronis, burrowis, clergie, and gentrie sworne to follow him as there generall. Many of the tounes people of Abirdein yeildis now, and subscrives the generall band who stood out befoir, sie folio 186. Vpone the day of Aprile, the Erll of Morray establishit his onlie sister in the duelling hous of Elgin, and gave order for keiping of hir houss in honorabill maner. He gaue to hir the haill jewellis ANNO 1640. 263 and goldsmith work belonging to hir defunct mother. He keipit hir poiss himself. And, efter satling of his effaires, he goes directlie to England, bot schortlie thairefter the laird of Grant is quyetlie mareit His sister mareu the to the said lady Mary, but aduyss of hir brother (being absent) or Laird of 6rant " any vther of hir freindis. It wes reportit that capitane of the castell of Ane raiss reveiatioun. Dumbreton, vpone his deidbed, revellit ane plot devysit for taking the lives of the erll of Argile and sum other nobles, quhairvpone he causis take M'Lean and ane vther, wairdis thame in the castell of s urn ar tvardit. Carrik, whill the mater sould be tryit, bot no sic thing found trew. Aluaies capitane Hendersone is admittit capitane of Dumbreton. Capitane Uendersouo is Vpone the day of Aprile thair cam out of Holland thrie Lapltanc 01 Dlimbar,ar " ' gryte scliippis to Leith, with pulder, ball, and ammunitioun to the Pulder, ball, and ammu- covenanteris. Thus the King is oblegit to Holland. Mr. Johne Peter, minister at Sanctandrois Kirktoun, in Morray, Mr. Joime Peter de- about this tyme is deprivit for not subscriveing the covenant. plmt ' The King causis put in garisounes within the toun of Bervick, The King pu tis gari- about this tyme, for his owne seruice, as wes reportit, about 2000 Mjunis ln i!er,Kk soldioris. Frydday the 17th of Aprile and Sonday thairefter, a fast solemp- Past and prayer, nandlie keipit befoir and efternones within New Abirdein, bot no fast keipit heir in Old Abirdein, becaus Doctor Scrogie receavit no aduertisment thairof in tyme. a The foirsaid 17th of Aprile a gryte meiting keipit at Edinbrugh be A meiting at Edinbrugh. the covenanteris. Mr. Alex r Joffray, commissioner for Abirdein, wes there, and many vther commissioneris. Yow sie befoir, folio 161, sum order taking with the passing of > 0 passage for King turnouris, quhairof sum wes apointit to pas for ane penny, bot now Charlis tl,rnou,is - thay wold giue nothing, penny nor half penny, for King Charles a Upon the 17th day of April ther was a solemne fast and supplications celebrated in New Aberdene, whither also I went, and did participat in that holy action witli much comfort, praised be God. I heard Dr. James Sibbald preaching vpon Hebr. 3, 7, 8. &c. His discourse did most runne vpon the hard- nesse of heart, which hath ever with it blindnesse of the mynd, according to the Lord's words in the 10th verse of this chapter : ' Thay doe alway erre in their hearts, and they haue not knowne my waves.' After him preached Mr. Robert Dawnie, vpon theise words of John the baptist to the Pharisees and Sadducees : ' O generation of vipers, &c. Matt, iii., 7. (Diary of Dr. Forbes, fol, 114.) 2G4 MEMORIALLS OF THE TRUBLES turnouris, bot King James turnouris onlie sould pass. Quhairby all t i i wis gryte harme. chenge and tred wes takin away throw want of current money, be- caus thir slicht turnouris wes the onlie money almost passing throw all Scotland. Sie more heirefter, folio The Erii of striviiing About this tyme, the Erll of Striviling departit this lyf at London, who, for all his court and accedentis, left no gryte meinis nor frie estait behind him. The Erll of Lanerk, brother to the Marques of secretaris in his place. Hammiltoun, and schir James Galloway, fell coniunct secretaris in his place, for he wes both secretar of Scotland and secretar of the Scottis counsall at England. The King sendis ane let- About this tyme the King send doun ane letter to the prouest and ane prodfmatiouu, mth balleis of Edinbrugh, with ane proclamatioun, beiring that it wes To discharge the Erll of his Majesteis will to discharge the Erll of Argyll of his justiciary Ar?lle ' of Argyll and Tarbet ; and that none of the Kinges leiges and good subiectis sould ansuer and obey him, the said Erll, in taxes, few- deuteis, or vtheris homages belonging thairto, ay and whill he sould compeir personallie befoir the parliament of England, to ansuer to sic thinges as war to be laid to his charge. Lyk as, the King com- mandit the foirsaidis prouest and balleis to causs proclame thir let- teris at the marcat cross of Edinbrugh, under all hiest pane and Edinbrugh thair ansuer. perrell. Thay advyss with the counsall table, and wreitis bak to his Majestie, that, in sic troublous tymes (the countrie being in vproar, effrayit with the incuming of sea and land armyis, and also with the daylie thretning of the castell of Edinbrugh) thay durst scarslie hasard to mak any sic proclamationis aganist the persone of sic ane pryme noble man ; besides, it wes not agrieable to the Scottis lawis, to deprive him of his estait or digneteis bot be advyss of counsall and Scottis parliament, and thairwith no noble man could be as- sured of his lyf, his landis and goodis, if this past as ane practique : And forder none of our noblemen is haldin to ansuer bot befoir his awin country counsall or parliament, and to be tryit be his owne Scottis peeris, and not to go to England to wnderly there censur. Thir, with diuerss vther ressones, wes writtin bak to the King, and in sindrie good judgements wes found most ressonable, alledging he can not deprive any noble man of his estait or goodis, bot be tryell The Kingis power may of his awin peeris in maner foirsaid. Yit his Majestie had pouer charge" 1 ' b0t n0t dlS be him self to suspend any noble man fra his offices and rentis, ANNO 1640. 265 quhill the mater of his accusatioun war treulie and formallie tryit. And so this proclamatioun wes left on publishit, according to the Kingis desire, see befoir, folio 183. The thrid Tuysday and 21st day of Aprile, our provinciall assemblie Provinciaii assemble sitis doun within the ssssioun hous of the kirk of New Abirdein ; Mr. James Mairtyne, minister at Peterheid, chosin moderatour. Thay try out the non subscribantis of the covenant and band of re- leif. Doctor Scrogie, minister at Old Abirdein, and Doctor Sibbald, Doctor scrogu- ami ane of the ministeris of New Abirdein, referrit to the nixt committe, ^^^Mtto for there out standing ; and, with litle more ado, dissolues. Mr. the commute. Thomas Melving, minister at Dyss, moderatour of the presbitrie of Abirdein till the nixt assemblie. And, in the meintyme, the foirsaid tuo doctoris, at this meiting, had no voce in this assemblie, and the said Mr. James Mairtyne wes chosin moderatour, to indure whill The forme of chining the nixt assemblie, be the voices of his bretheren and reulling el- ane moderator deris ; a noveltie indeid. About this tyme, word wes that generall major Monro wes cum- Generaii Maior Monro, ing with ane army to Abirdene to gaird this countrie, be directioun of the (now new styllit) estaites ; bot his purposs wes rather to op- press the Kingis loyall subiectis, as heirefter may appeir, quhilk being suspectit be sum barrones heir in this countrie, began to fortifie SiiKlrie barronis beginis thair houssis, sic as the laird Drum the place of Drum, the laird of tofoltlfk thair houssls - Geicht the place of Geicht, the laird of Banf the place of Inschdrour, the laird of Fedderet the place of Fedderet, the laird of Foverane the place of Foveran, and sindrie vtheris within this land, and fur- neshit thair houssis with men and mvskat, meit and drink, and vther devysis of defenss agane this Monrois coming ; bot he turnit all there doings to nocht, as efter ye may heir, folio Ye hard befoir, folio 184, how the Lord Lovdoun, the schiref of Tevedaill, and Mr. Robert Barclay, wes send to supplicat the King. Now, about the 21st of Aprile, word cam heir that they war all waird- it, and Lovdoun put into the Tower, vpone ane letter reveiliit and The Lo rd Lovdoun and produceit be the Erll of Traquhair befoir his Majestie, alledgit writtin the rest wardit - to the King of France be sum of our Scottis nobles, quhairof this Lovdoun wes one ; quhilk letter wes subscribit with there handis, The resson. bot not yit delyuerit to the said King of France, bot appeiris to haue been keipit wp be the said Erll of Traquhair, as he who wes vpone 2 L 266 MEMORIALLS OF THE TRUBLES thair counsall at the plotting and devysing of the bischopis over- throw, with the rest, suppose not consenting to vther materis that thairefter fell out, as may be sein heirefter. Aluaies Lovdoun is accusit for subscriveing of this letter with the rest befoir the King, of the quhilk letter the tennour followis : — Ane letter writtin to the Sir, — Your Majestic being the refuge and sanctuarie of afflicted princes and King of France. . ... , - , . f , . , „ _ , . 1 estaitis, wee haue round it necessar to send this gentleman, Mr. Colvin, to represent to your Majestie the candor and ingenuitie alsweill of oure actiouns and proceidinges as off oure intentionis, whiche we desyre to be ingraved and maid notour to the whole worlde and beames of the sone, alsweill as to vour Majestie. We most humelie beseik yow, sir, to give faith and credet to him, and all that he sail say on oure pairt, touching ws and oure effaires, being most assured of your assistans, equall to your wonted clemencie heirtofoir, and so often shawin to this our natioun, whiche will not yeild the glorie to any whatsoeuer, to be eternallie, Your Majesties most humijl, obedient, and affectionat seruitouris, Sic Subscribitur, Rothass Montroiss This Leslie is thocht to Leslie be Generall Lesly. Mar Montgomry The subscriptions Lovdoun Foster The Kiug is heichiie of- The King, heiring and seing this letter, wes michtellie and most justlie agreivit and astoneishit with thir rebellious deallingis of his Lovdoun is wardit, and vnnaturall subiectis. Aluyss Lovdoun is accusit and his subscrip- tioun schawin, fra the whiche he could not flie, as is alledgit, and shortlie wes committit to the tour, and the rest of the commission- eris also wardit besyde, bot being innocent was schortlie put to libertie ; bot Lovdoun baid still a whill, as ye may sie, folio 206. Sonday, the 26th of Aprile, and Sonday thairefter, the com- vnioun givin, sitting, in New Abirdein, and not kneilling ; bot now no comvnioun givin in Old Abirdein. u irschaii wreitis to About the 27th of Aprile, the Erll Marschall (haueing sum meitinges in the Mernis, and gatherit sum soldioris) wreittes to the prouest and balleis of Abirdein that he wes to cum to Abirdene, The contentis. and desyrit that no schip sould go out of the hevin whill his cuming, becaus he wes wnder feir the tounes ante covenanteris wold flie, the rest set at libertie. t nmnmimun :ri\ in. ANNO 1640. 267 quhilk the prouest obeyit, and took the saillis fra the schipis rayes. Many tounes men, heiring of Marschallis cuming to the toune, takis Tounis men fieis. the flight. Amonges whome Robert Buchane of Portlethen, with his second sone, efter his houss and ground wes plunderit, takis the sea ; and so ilk man schiftit for him self, pairt by sea, pairt be land, as thay thocht best. Vpone the 5th of May, the Erll Merschall (being about 23 yeires of age, young and stout) cumis to Abirdein about auchtscoir horss, Ane commute iioidin in with sound of trumpet, in peciable maner. The Lord Fraser, the At " r(Ie1 " - maister of Forbes, and diuerss barrones, rode out to meit him. He took wp hous in his awin lodging. Thair wes ane committe chosin to sit in Abirdein, sic as the Lord Fraser, the maister of Forbes, the lairdis of Phillorthe, Monymvsk, Cragiwar, and George Baird of Auchmedden, and fyve vther commissioneris subordinat to thame, to hold ane counsall of warris ; quhilk committe and counsall sould sit weiklie in Abirdein at the counsall table, for gyding and reulling of the toune and schire of Abirdein in thir troublesum tymes. And Marsehaii takis thair the Erll took thir commissioneris aithis to do nothing bot be his aithis advyss, as he who wes Generall of the north. In the meintyme thay ordane the toun of Abirdein to subscrive the commoun band of releif, who had not yit subscrivit. The balleis went quarterlie about to causs ilk inhabitant subscrive, quhairof sum wes absent, sum subscrivit, and sum refusit. At last the toune wes compellit to compone, for welth and tred within the brughe and Abirdene componis, for portis thairof, and friedome of the samen, (the landward heritage cmo markis. jn ' ° p T belonging to burgessis exceptit) for payment to the Erll of 6000 merkis. Thus is the Kingis brughe compellit to pay, for this com- Th.. third fyne. moun band, the foirsaid soume, without law or warrand of the King, and is sore crost and vext, as ye may sie, folios 97, 107, 112, 127, 132, 145; and is the thrid tyme now fynit, extending in all to 26,000 merkis, by and attour many and diuerss oppressions besyd. Thir thinges done, this Generall or Governour Marschall, vpone the aucht of Maij, rydis bak to Dunnottar, and the rest gois home, and at that tyme dissolues ; bot thair wes young Tolquhone, and diuerss vtheris of the name of Forbes, went out to convoy Generall or Governour Marschall a peice of the way. Mr. George Leslie, and Williame Fraser of Bogheidis, both good brether and the 268 MEMORIALLS OF THE TRUBLES Generallis tennentis, being with the rest in his company, met with the young laird of Tolquhone, and vnhappellie discordit. Mr. Mr. George Lesiy hurtis George hurt him in the heid vpone Tullochhill ; thay ar pairtit, he young Tolquhon in the , , heid. and iJogheidis ar takin and disarmed, and the governour promessis ukin" d Bogheidls ar satisfactioun to Tolquhone, who took his leive fra him and returnis to Abirdein, and he forduard to Dunnotter, quhair the saidis Mr. George Leslie and Williame Eraser, suppose innocent, war both Thay ar laid in the laid in the ironis. Vpone the morne thay war sent about be sea, »roms m Dunnoiter. sc haklit in ironis, to Abirdene, with warrand to the prouest of Abir- dein to waird them both in Abirdein, and to caus strik af Mr. George Lesleis richt hand at ane staik, for hurting the said young Tolquhone in the generallis company, aganes the disciplyne of warr. The provest receaves thame, wairdes thame, and causit lovs thair Thay ar send shaklit to schakles ; bot thocht thay war not judge to this pvnishment for sic Abirdein, with warrand . • «n • n i • ri r ■» ir • 1 » ■ to strik aff Mr. George ane r yot, committit within the schireldome ot Mernis, quhair him Maty mvmTrris self wes schiref, who wes onlie judge thairto. Many people mvr- mvrit aganis this rigorus sentens givin out aganist ane gentleman The prouest refuissis. for sic a slicht fault, done also in his awin defenss. Neuertheles the Generall, of his awin auchtoritie, vpone the 18th of Maij, causit Ane stok prepaint. fix fast in the calsay at the marcat cross of Abirdein ane stok, and ane aix laid doun besyd it, and ane littill scaffold of tymber bigit about, with ane fyre kendlit to bvrne the blood when the hand wes cuttit af. There wes also ane chear set besyde the stok, and the hangman reddie besyde. The gentilman is brocht from the tolbuith ; and as he is cuming doun staires (the people being convenit in gryte numberis about the cross) cryit out pitifullie aganis this cross and crueltie of the gentlemans vsit so rigorouslie aganes him. Al- Mr. George Lesiy layis uaies he layis doun his arme vpone the stok, and the hangman reddie to give the stroak ; but by expectatioun of the beholderis, the _,. . . , _ . maister of Forbes suddantlie cumis too, and liftis his hand from the The maister of Forbes 5ains him stok, and maid him frie, quhairat the baill people michtellie rejoisit The people nioysis. . . He is had i.ak to the He wes had bak to the tolbuith, quhair he wes arrestit at the m- , ° lbul,h stans of Mr. James Clerk, and remanit in waird whill the 25th of lie is arrestit. ' Junij following, syne put to libertie ; bot Williame Fraser wes re- leivit out of the tolbuith vpone the 25th of Maij, but ony moir danger. The Generall did this for satisfeing of young Tolquhon, and, as ANNO 1640. 269 wes said, he had neuer mynd to tak the gentilmans hand, who wes The Erii Marshall* his awin tennent, bot onlie maid a schow, as ye haue hard, quhairof m7 ° ' doubtles the gentleman had certantie, vtheruayes it wold not haue gone but more trubbill, and for Mr. James Clerkis bussines, sie folio . Now the English schippis beginis to tak our merchand schippis, our schipis ar takin, and haue thame to Bervick and Holie Hand, quhair thair goodis bot our soodls ar kuplt ' war loissit and inuentarit that none suld be loist, and the men lettin go ; bot the King wes delvdit heirin lykuaies. He gat liberty to tak our schippis, bot not to mell with our goodis. Vpone the 11th of Maij, wonderfull heiche tempestuous wyndis, Heich wyndis. mervallous in Maij, quhairby sindrie persones deit, and ane lax Bindrie deit. fisher drount vpone the water of Done, and ane schip going with ingUsh scMp, r , r o o ladint with victuallis for Vlttllis to Dumbai'tan lykuySS perishit. Dumbartane.vnhappellie Vpone the 13th of Maij ane mvster in the lynkis of both Abir- iiu'ster^f New and oid deins, maid be command of Governour Marschall. Thay war Abirdeins - divydit and of few number, not passing tua hundreth and thriescoir persones, and ane hundreth and tuentie out of Old Abirdein. Thay had thrie capitanes, tua callit Forbessis, and the thrid callit Cruikschank, givin to thame be the Generall, who wont to be servit with there owne commanderis. Aluaies, thay were but few that Thair order, went out, and sore aganist thair willis. The foot roll is callit, mony ar absent, and ilk man gois home without schooting of ane schot as thay war wont to do, being hairtles and divydit amongis them selffis. Vpone the 18th of Maij the Lord Sinckler with about 16 horss The Lord sinkier cums cums to Abirdein, lodgis in skipper Andersones, commandit the t0 Abirdem - prouest to watche his lodging all nicht, quhilk wes done. Merval- His lodging is watchit. lous how Abirdene is compellit be any subiect but warrand of the King. Aluayes, vpone the morne he rydis to Caithnes, as he who is ane of the tutoris to the pnpill Erll of Caithnes, sie heirefter, folio 260. Vpone the 21st of May ane meiting amonges the name of Gor- Ane meiting at strath- doun at Strathbogie, and diuerss vtheris freindis, amonges whome bogy ' wes the Laird Drum, consulting anent the euming of generall major Monro with ane army. Aluaies, thay dissolue, and the laird Drum returning home, hapnit to cum by where the laird of Mony- 270 MEMORIALLS OF THE TRUBLES Monymvsk horss takin mvsk wes in ane moiss, causing cast peites. He sendis out one ' named Williame Forbes, brother to Petnacaddell, vpone his best horss, to ask who Drum wes, being about 24 horss ; bot throw this gentilmanis owne miscareage he is dismountit, and his maisteris horss takin fra him, and he send on foot to tell the laird tydinges, quhairat he wes michtellie offendit. iriiament. Now commissioneris writtin for be the estaites, to the Parliament to be haldin at Edinbrugh the 2nd of Junij nixt, and Mr. Alex r Joffray went commissioner for Abirdene. The parliament of ing- Ye may reid befoir, folio 178, how his Majestie had indictit ane Meting tha!rof ftei ' parliament in England, lukeing to haue gottin supply of men and mis for raising m oneyis to ryse aganist ws ; bot in place of granting his desire, they begin at them selfis, and pleadis for there owne particularis. The King seing how he is vsit so, suddantlie raisis the parliament, and vpone the 5th day of Maij dissolues, quhilk sat doun vpone the 13th of Aprile, and continewit till the said 5th of Maij. Quhairat English and scottis ton- the English confederat with our Scottis, tuke offenss and restit AnTnew Paiiiannnt in- never, whidder the King wold or not, to causs him indict ane new dictit perforce. parliament, and to that effect brocht in oure Scottiss army to New- I he Ennlish liringis in r * our army to Newcasteii. castell, as ye may heirefter sie, folio ; and the King to raiss ane raiss ane army, army aganist them, sie heirefter, folio . When all wes done, he is compellit to indict ane vther parliament, to be haldin at Wast- minster the 5th of November nixt, quhilk turnit to his Majesteis heich displesour, and perrell of his lyf, and loiss of thrie crownes, as ye may sie heirefter. Now, remember the English laborit still for ane parliament, quhilk the King wes not willing to grant ; bot being grantit, thay slichtit the Kingis desyre to pvnish the Scottis rebelliouns, and labouris to satle him and them in peace to thair contentment, quhilk in end craftelly thay did, sie heirefter, folios 252, 253, 254. pi,e casteii oi Eninbrugh The castell of Edinbrughe is now daylie schooting at the toune ; i ",i ' tom. ' M ° ny ^ ew durst keip the calsay, mony fled the toune for plane feir, wyffis, bairnes, goodis, and geir, and sum persones wes schot and slayne deid. The Erii of Airiie gois About this time, the Erll of Airlie went to court to the King, to court in Maij. leaving his eldest sone the Lord Ogiluy behind him. Bot in his absence his staitlie castles wes cruellie cassin doun, and his ground ANNO 1640. 271 pitifullie plunderit, as ye may heirefter sie, folio 205, sic as Airly and Furtour ; quhilk he, be the Marquess of Montroiss assistance, noblie revengit vpone his enemeis, in anno 1644, 1645. Now thair wes diuerss barronis, gentlemen, and countrie people auk >11, Lochquhabar, within Atholl, Lochquhaber, and Badzenocht, and hieland pairtis out and d braki^iouss" d about, who wold not cum in and subscrive the covenant, bot stood out aganist it ; and with all brak out, molesting and perturbing all suche quhairof thay micht be maisteris. The Table advertised heirof, gives ordour to the Erll of Argyll to sattill this bussines, who convenis about 5000 men and merched into Atholl. The Argile gatheris ane Erll, heiring of Argiles cuming, sendis commissioneris to him, The ehi of Athoii send promesing that he nor none wnder his pouer suld trubbill or £°™™ issi0neris and molest the countrie ; and forder, that he suld concur and assist the good causs to his vttermost ; and for forder assureans send aucht hostages, a* wes said, principall men and of not, within the countrie of Steuartis and Robertsones. Argile hard the com- misssioun, and plesandlie receavit the hostages, and said he sould Argile rcceavia the h. i. • ,% i . i j , e hostages, wold grant ii aue ane cair to keip them ; bot wold nowayes grant assureans ot assu „, mce peace to the Erll of Atholl, whill he sould first cum to him him self. He being aduertesit heirof, resolves vpone sum conditiouns to cum to Argyll, who, howsone he hard of his approche, craftellie sendis Athoii cumis in be an out sum men and lay in ambush be the way, and took him and ' " k brocht him to the Erll of Argyll, who wes willinglie cuming of his awin will. Bot this wes done to mak Argiles seruice the moir Atgiie* poiiHe. thocht of. Aluayes the Erll, in all haist, sendis the Erll of Atholl and his aucht hostages to the Tables, to abyd thair censur. Vtheris said he send the hostages to Edinbrugh by Athollis Diuerss reportis. knouledge, syne trystis and causit the Erll sueir and subscrive at his plesour, quhilk wes not thocht a fair way. Haueing pacefeit the countrie of Atholl, he marchis into Lochquhaber, as ye haue, ArgiiegoistoLochquh folio 206. ber - About this sam tyme he takis Dauid Spaldynge, barroun of Dauid spaidyng ward Ashintullie in Strathardell, for his loyaltie to the King, and wardit a " d fjmt " him in the castell of Dunstaffage, whill he payit to him 4000 merkis and subscrivit the covenant. Thairefter he is put to libertie, de- ceissis but airis of his bodie, to whome succeidit Williame Spal- dynge, who for his standing to the covenant, Montrose in his warris, 272 MEMORIALLS OF THE TRUBLES His place of AsbintulHe U brynt. Northumberland re- fuisis the Kinffis seruice. The livetcnnand of Ire land acceptis. Ane herauld send to Dumbreton with ane chairge to rander. His ansuer quliilk lie recevit. He retnrnis. Edinbrugh is bussie making midding mounts. Watching in Abirdein. Muster in the lynkis of both Abirdeins. Piepaiatioun for Monro. as ye haue heirefter, brunt his castle of Ashintullie, plunderit and heiryit his ground pitifullie. Ye heir befoir, folio 177, how his Majestie, be his letteris patentis, had maid the Erll of Northumberland capitane generall of all his forces both be sea and land, and how he refuisit to accept, and that he renuncit his admiralitie in the Kinges owne presens ; quhairat he wes displeissit, and schortlie gave the samen charge to the deputie of Ireland, his loyall subiect, who acceptit the samen humelie, as is contenit in ane imprintit treatiss, callit The Charge of the Scottish Commissioneris aganes Canterbury and the Liveten- nand of Ireland, at the 26th leaf thairof, and folio 280 of this paper. About this tyme the estaites send ane herauld with the Kingis cot armes to the castell of Dumbreton, commanding and chargeing the capitan thairof, callit Schir Johne Hendersone, to rander and give over the houss to the estaites, quhilk he manfullie refusit, chal- lenging the herauld that he did by his office, weiring the Kinges armes, and chargeing to rander his maisteris castell, but his awin command, to his subiectis, and that he sould count for this his heiche offence. The herauld wes desyrit to show the estaitis he wold not obey thair charge, whiche he did, bot it wes not long on givin over, as ye haue, folio 246. Now the toun of Edinbrughe is veray diligent in making wp mid- ding mountis and vther ingynes to defend the toun fra the cannon schot fra the castell, and likuayes in making mynes to wndermyne the wallis thairof ; bot this castell stude not long out, bot wes ran- derit, as ye haue, folio 250. Vpone the 23rd of Maij, governour Marschall directis the toun of Abirdein to haue ane nichtlie watche of men and armes, and thair portis to be cloissit, quhilk wes obeyit. Vpone the 25th of Maij, drumis tovkit throw bothe Abirdeins in the governouris name, chargeing all maner of man, at thair hiest perrell, to mvster the morne in the lynkis in thair best armes. Thay convenit veray few, auchtscoir or thairby, out of the toun, and about 60 out of the Oldtoun, evill armit and war hartit. Efter thair mvster thay returnit home to thair houssis. The samen day, [the] drum tovkit likuayes, chargeing the brughe ANNO 1640. •273 of Abirdein to raak provisioun, vpone thair awin cbarges, for general 1 major Monro and his army ; quhairwith thay war not weill pleissit, albeit thay durst not disobey. Tuysday, 26th May, thair wes hard in both Abirdenis schooting a sea skirmish, of ordinans about Dunnotter, quhilkis fell out betuixt ane English schip and ane Scottis schip, who had fled in amongst the cragis of Dunotter, bot wes burdit be ane frigot, and haillit out perforss to the sea. The barronis and gentlemen of the name of Gordoun, for the The Gordouns writis to most pairt, (except the lairdis of Haddoche and Straloche, who bot gat no good ansuer. wold not keip thair meitingis) heiring oft" major Monrois cuming to Dunnotter with ane regiment of soldiouris, vpone the 28th of Maij, send Mr. James Gordoun, minister at Kerne, with letteris to the Erll Marsehall and maior Monro, craveing assureans of peace, and onnawayis to be trublit, since thay thair freindis and folloueris wes peciablie set, and not disposit to offend any. Thay receavit and red thir letteris, bot wold wreit none bak agane, bot send this ansuer : No assureans of peace except thay wold all cum in, sueir and sub- scrive the covenant, and to obey what forder sould be injoynit to thame for forderans of the good causs. Mr. James Gordoun re- i i ii • i «ii ii « i > • .„ The Gordonis was not turnit and told thair ansuer, quhilk the Gordouns took m evill content with the ansuer. pairt, as thay had ressone, sie folio 210. The lairdis of Drum, Geicht, and Fedderet, now begins to forte- Drum, Oeichtf Fedderet, fie thair houssis, bot maid no sted, as ye haue, folios 198, 199. Vpone the 28th of Maij, the inhabitantis of the brughe of Abir- Abirdein gois and m. i i> dein chargit be tovk of drum to go out in thair best armour and Marscha " and M, n, ° meit governour Marsehall and generall major Monro ; quhairvpone sex scoir mvskiteiris and pikmen went out and met thame at the The number of the regi- brig of Die. a Thay war estimat about 800 foot and fourtie horss, men ' a To my loving friends the prowest trio men : And with all ye sail be in and bailies of Aberdeine : My very armes, and meitt ws at the brig of Dee, loveing freinds these ar to show zow that that we may joyne for defense of your I intend, (God willing) on Thursday nixt toune, and of so many honest men as in the eftirnoone, to be at Abirdeine, sail be fund thairin, and for the peace of quhair I will bring with me generall the cuntrie about. Bot I wish ze be bet- maior Monro and his regiment, for ter conveened nor ze were at last wappin quhome I pray zow cause prowyd showing. So not doubting of zour cair victuallis for the payment, for nothing and diligence heirin, I rest zouris lowing sail be takin without reddie moneyis, ye freinds. Sie subscribitur, Marshall. alvayes approving zourselffis gude cun- Dunoter, 26th Mav, 1640. 2 M 274 MEMORIALLS OF THE TRUBLES Gkaithfull articles for Abirdein. Thay ar wdii armit and who had also C peice of iron ordinans. Thay war in gude ordour, haveing blew bonnetis on thair heidis, with fedderis vaveling in the wynd. Enterit Abirdein, and wes quarterit. Marschall lodgit in his awin houss, and Monro togidder. Watchit nichtlie with sex scoir soldiouris. Aluaies, Monro deliuerit to the prouest and balleis certane articles in wreit, quhairof the tennour follouis, quhilk he send in befoir the incuming of the army to the toun : — Scornfull, prydfuli, and Articles of Bonacord, to be condiscendit vnto by the maieslratis of Abirdein, for thame sel/is, and taking burding vpone thame for all the inhabitantis, to be presentlie seillit, subscrivit, and deliuerit to Generall Maior Monro, as haveing warrand from the Erll Marschall, in the estaitis name of this lingdome, and Generall Lesly. 1. First, desire the maiestratis to give in ane roll or list of these inhabitantis, ab- sent or present, that hath not subscrivit the covenant and generall band, that thay may be decernit as bad and evill patriotis. 2. Secundlie, desyre the prouest, maiestratis, and all the inhabitantis to give thair gryte othe of fidelitie, not to correspond or keip interchange of intelligens with any that hes not subscrivit the covenant or generall band, wnder pane of loissing of thair lives and confiscatioun of thair goodis. 3. Desires thay condiscend willinglic to contribute to the intertynnement of the regiment, according as thay salbe stentit, in paying of there tent pairt ; and thair souldatista being quarterit in this toun, that thay be obligit, for thame selfis and thair inhabitantis, not to harme or iniurie any of them, wnder the pane of death. 4. Desires thay be oblegit, for thame selfis and the inhabitantis, not to heir any minister preiche within the toun, who hath not subscrivit the covenant, wnder pane of being baneishit from the toun, both preicharis and heiraris. 5. Desires the regiment (being quarterit and billetit within the toun) may be in- tertynneit dureing thair residence thair, in meit, drink, and lodging, ac- cording to the generall ordour subscrivit by the committe of estaits, for the tuo pairt of meinis allowit to inf'eriour officiares and soldiouris a day, according to the list of pay to be givin to the touneschip by the generall maior, wnder his hand, in name of the committee of estait, of the Generall. and of the Erll Marshall. 6. Desires the maiestratis to deliuer to the generall maior, befoir his entrie, (in name of the committe of estait, Generall Lesly, and Erll Marschall ) the keyis of all thair portis, and entrie of thair magosinis and storehousis, tolbuith, or incit- ing houssis of the toun, togidder with the keyis of the jaile and prissoun. to be keipit at his plesour indureing his abode thair, for the good of the kingdome and saiftie of the toune and regiment, aganis intestuous and foraiffne enemeis. ANNO 1G40 275 7. Desires that all corne in stoir within the toune be put wnder inuentar, for intertynnement of the regiment, in pairt of payment of thair tent pairtis ; and that the maiestratis and inhabitantis be oblegit to pay the rest in moneyis once in the fourt nicht, according to the ordour for paying the thrid pairt of the soldatista, thair pay in money, till thay be supercxpendit of the tent pairt. 8. Desires thay be oblegit to deliuer all the commoun spair armis, ammvnitioun, spaidis, schules, or mattokis that thay haue or can fynd, on thair grite oath, to be vsit at his plesour in maner foirsaid for the good of the kingdome, aganist intestine or foraigne enemeis, and for both there saifteis ; and that thay be oblegit by thair gryte othe to joyne with him and his regiment or associatis in fighting or working aganis the enemy, in whatsoeuer the Erll Marschall and he commandis for the good of the kingdome and there owne saifteis. 9. Desires thay be oblegit to set all there baxsteris and brovsteris aganist the 2nd of Junij nixt, to haue provydit and in reddiness 12,000 pund wecht of good bisket breid, togidder with 1000 gallouns of aill and beir, to be put in small barrellis for the intendit expeditionis, for whiche thay salbe payit, or at lest allowit to thame in the first end of thair pairtis. 10. Desires, that in testimony of there Bonaccord with the souldatista that hes cum so far a marche for there saifteis fra the invasioun of foraigne enemeis, and the slaverie thay and thair posteritie may be brocht wnder, thay may be pleissit out of thair generositie accustomat, and present thankfulnes to the souldatista for keiping good ordour and eschewing of plundering, to provyde for them 1200 pair of schoois, togidder with 3000 elnis of hardin tyking, or saill canvess, for making of tentis to saif the souldatista from grite invndatioun of raynes, accustomat to fall out wnder this northern climat. 11. Desires aganes the 2nd of Junij to provyd for the intendit expeditioun, for setting good ordour in the countrie, and for supprysing our intestine enemeis and evill patriotis, that 50 horssis may be in reddiness for tran- sporting of oure cannon, ammvnitioune, spair armes, and provisioun, what- sumeuer the Erll Marschall thinkis the army to stand in neid of. Whiche being accordit vnto, scallit, and subscrivit be the maiestratis and ministeris for thame selfis, and takand burding, as said is, for all the inhabitantis of the toun, wee will enter the citie freindly, and be ansuerabill for our selffis and soldatista, for any disorder beis committit be any of our number, and wnder oure command : And incace of not fulfilling and obeying oure res- sonabill demandis, (so far as concernis the militarie pairt allanerlie) wee do heirby signefie vnto yow, in name of the estait and Generall of the army, that we will tak such speidie courss and ordour with yow, and all the in- habitantis refractarie, as may strik terrour in the hairtis of all vtheris our oppositis, following your example in disobediens, as euill and wickit 27(; MEMORIALLS OF THE TRUBLES patriotis. For eschewing quhairof, we hartlie desyre your subscription is and seall to thir ressonabill demandis, or a peremptour present ansuer of Bon -accord or Mal-accord. Abirdein gois to coun- The maiestratis, prouest, balleis, and counsall of Abirdein haue- ing receavit thir ridiculouss, tirranous, scornfull articles befoir Monrois entrie to the toun, went directlie to counsall, to considder Patrik Lesiy prouest. quhat wes best to be done. Patrik Leslie being prouest, with a "iidif the eovenantclis number of the heidis of the toun, strong covenanteris, condiscendit Subscnves thir articles, to grant Monrois desyres, and instantly seallit and subscrivit thir disgracefull articles, and send to Monro. Vtheris of the loyall sub- The royaiistis ar sory. iectis war sorie that Abirdein sould be so misled by covenanteris aganis a King and his lawis, and no brughe within the kingdome so oppressit as Abirdein for thair love to thair Soueraigne lord, and, as wes said, done be the covenanteris, who brocht Monro to the toun, feiring the name of Gordoun and vtheris royaiistis, as ye sail heir. a Monro getis the articles. Howsone Monro receavit bak thir articles, seallit and subscrivit, Marschall and he cums in to the toun, is lodgit and quarterit, as ye neceavis the touns keyis. haue befoir, receaves the touns keyis, and getis obedience to his desyres ; quhairat many honest men of the royaiistis havellie grudgit, He tents he is send for quhilk cuming to Monrois eiris, it is reportit he publictlie spak be the prouest and w ithin the tolbuith in presens of the Erll Marschall and vtheris balleis. l present, that it wes sore aganist his will to cum heir, saying the Tables culd get no rest for letteris, nicht and day, cuming fra the a The quhilk day, Patrik Leslie, pro- west, causit red publictlie in audience of the haill toune, convenit this day in the tolbuith be the drum, the articles under- writtin, proponit and gewin in zisternicht to the magistratts of this burghe be the Erie Marshall and Generall Major Monro, immediatlie after thair incoming to the towne with their armie, and declaired that the magistratts of this brughe wer chairgit to subscry we presentlie the saidis articles, befoir the souldiouris laid dounc thair armes, or removed aff the streets. Lyikas than iustantlie, the prowest and baillies, and sic of the nichtbouris as wer present with thame, for obedience to the chairge, subscryvit the saidis articles, and wer commandit to conveine the haill toune this day, to the effect thay might lyikwayes subscrywe the same, wha being convenit in the tollbuith, as said is, the Erll Mar- shall and Generall Major Monro being both present for the tyme, requyred and commandit the nichtboures and inhabi- tantis to subscrywe the saidis articles, as thay wald be answerable wpoun their per rill. For obedience to the quhilk chairge, the inhabitants, suche as wer present, subscrywit the saidis articles. (Council Reg ) ANNO 1640. 277 prouest and balleis of Abirdein, crying and craveing him to be send with ane regiment for thair gaird and protectioun. Likeas the For- Forbessis and Frasscrw bessis and Fraseris socht the samen for thair saiftie aganes the aouns."' ' ' name of Gordoun and vther royalistis ; bot Abirdein promesit frie Thair fair |iromessis, quarterns and good intertynnement, and all thinges necessar during the space of a moneth, togidder with thair owne personall seruice of the toun at all occasionis ; quhilk taill proveit most trevv, for the toun wes divydit, sum for the King, sum for the covenant ; bot the Abirdein is divydit. covenantees never thocht to haue bein burdenit with maintenance The covenanters payts of this regiment, bot to haue escaipit, and the royalistis to haue Lpeotatioun 011 ra " payit for all ; quhairin thay war deceavit; as just from God, and repentit them selfis in bringing Monro hither when thay culd not help it. Aluayes the royalistis hated the covenanteris so muche Th ay ar haitit. the moir for thair bussiness, the King far of, heiring bot not help- The Km „ cuia I](lt heIp . ing thir calameteis, as Abii'dein hoipit for, becauss he now seis cleirlie the lower houss of England is vpone the courss and coun- sall of our disorderis, as heirefter planelie do appeir. In the meintyme sum honest men of the toune, and loyall subiectis Sum toums „„„ , j, to the King, seing materis go so, fled the toun, and cloissit wp thair yetis and durris befoir Monrois incuming to the toun ; sic as James Cruikschank, Williame Scot, and sum vtheris. Monro James Crukschauk, heiring of this, he mellis with the keyis of the said Williame Scotis slewart fleis.*' Gtorgl hous, schothis wyf and barnes to the dur, rypit and plunderit the Thair houssis abusit| goodis, and distroyit treis, tymber, and deallis, quhairof thair wes stoir. Aluayis, himself and George Steuart fled the countrie, and Them selfis saSUU ., went be sea to Norroway. Thay lykuayes violentlie brak doun the Norio " a y- fair glassin windois of the said James Cruickschankis houss, James cruiwiianks quhilk he wold never repair whill he saw better dayis. Thay f 0 a u ssin wyndois brakl " lykuaies maisterfullie took wp his rentis, and leiving of New- llis rentis takin hillis and Boigfairley, perteining to him in heritage ; as lykuaies the mvlteris of the touns milnes of Abirdein, quhairof he wes bot takisman, to his gryte skaith, quhilk he sufferit patientlie. He fled heir and thair throw the countrie, and durst not be mm self durst not hi sein within nor without the toun, being sore invyit for his loyaltie He induvismuchetruUi to the King ; and stood out so constantlie, that he wold never yield His con stancie. nor subscrive the covenant whill Februar, 1642, that he could do no moir, and indeid few burgessis did the lyk of his cot or above. 278 MEMORIALLS OF THE TRUBLES \ne court dc guard Monro causit big wp betuixt the crossis ane court de guard, for " gs " wp ' sailing of his soldiouris fra weit and cauld on the nicht, and quhair- in thay sould ly, except sic as wes on the watche. 3 Williame Scottis tymber payit for all now in his absence, being a trevv royalist, who sustent muche moir skaith besydis. This court de guard wes biggit betuixt the crossis, as said is, whill Sonday 23rd itisbiawin over. Januar, 1G42, thair raiss ane michty wynd that blew the samen over, as ye may heirefter sie, folio M> Dauid Lyndsay Vpone Sonday the last of May, Mr. Dauid Lyndsay, persone of Balhelvie, (be directioun of the generall assemblie and presbitrie of Abirdein, as himself declairit out of pulpit), teichit heir in Old Another covenant su b- Abirdein. Efter sermon he red out ane vther covenant, with the scrivit with ane declara- ,, i 1 • i 1 «• r n ,1 • i i 1 t tioun in Abirdein generall assembleis declaratioun following thairvpone, and holdin at Edinbrugh, affirming the Kingis covenant to be agrieable with ie not ex- thairis, and that episcopacie wes not expedient in our kirk of Scot- Diuerss vther things land, the Perth articles, hie commissioun, buke of cannonis, and the rest war vnlauchfull. Efter the reiding quhairof, the samen wes subscrivit over agane be sic men as wes within the churche, yea, be the regentis, (except Mr. Robert Ogiluy, subprincipall, who sub- scrivit efteruardj folio 22), and barnes of 15 or 16 yeiris of aige, albeit the regentis had subscrivit abefoir in Februar, folio . And my self first subscrivit the Kingis covenant, presentit by the Marques of Huntlie, glaidlie, in Old Abirdein ; 2. I subscrivit in the same place ane vther covenant, presentit be the lairdis of Ben- This is the td covenant, holme and Auldbar ; and thridlie, now this covenant, not willinglie, sie moir covenantis subscrivit, folio . The ministers eariage. This preichar exhortit the auditouris by many persuasionis, mixt with terrour and thretning, to subscrive this holie covenant with hairt and vpliftit hand, assureing the contempneris or disobeyaris The people mervaiiis. to be surelie pvnishit. Mony mervallit at his bussines and boldnes, without the Kingis auchtoretie. The people perforce gave obedience, and sic as wes not in the kirk befoir none, he took thair subscrip- tions efternone efter sermon ; and sic as had not subscrivit, he a For 1500A singell plentioun nailles For 1500£ dowbill plentioun for building the Court d'gard at 10s. nailles lor that same wse at the 100, is £7 15 0 18s. per 100, 13 19 0 — (Guildrv accounts.) ANNO 1640. 279 careit thair names with him in wreit. His text befoir none wes n, text, vpone the 17th chepdour of Genesis, and first verss thairof : he preichit also efternone. A violent man for the good causs, sie his Allelujah, folio Thus ar thir covenantis subscrivit moir throw feir nor with the Mony throw feirsub- hairtis of many; and all the wayis could be devysit to mak the stinis " scovenant - samen stand fast and sure maid it neuer moir stronger, bot wes crost, as ye haue heirefter, folio . This samen Sonday, the Erll Marschall (not now governour Marschaii and Monro Marschall, becaus Monro had gottin the tounes keyis) with generall eiris ev0tl0un ' major Monro, went to the Hie churche to heir deuotioun, and the soldiouris to the Grayfreir churche. The ministeris of thair awin army preichit to thame; bot Mr. James Sibbald, ane of the tounis Mr. jamcs sn>baid de- ministeris, a singular man, wes then debarrit from ony forder preich- arnt tia preichin P- ing, as ane antecovenanter, to the gryt greif of the tounes people, sie moir of him, folio . Mononday, the first of Junij, major Monro took out his soldiouris sindrie barronis cumis to dreill in the lynkis, and young Frendracht, with diuerss countrie t0 Monr " barronis, cam in to him the said day. It is said, about this tyme, the Erll of Montrose, by directioun of a p^-ie betuixt iion- the estaitis, vpone ane signe of parlie, went to the castell of Edin- j™^™ 4 s«' nera11 brugh and desirit Generall Ruthven, Lord Etrik, capitan of the said castell, to rander the samen to the estaitis, with the royall or- namentis, sic as croun, scepter, and suord, lying within the samen, becaus the parliament wes neir the doun sitting; bot this noble He wm not rander the capitane boldlie and planelie refuisit. Montrose turnes bak and nor'royali^rnamer told the estaitis his ansuer. Quhairvpone thay causit wreit sum few lynes, chargeing and commanding him to give over the castell, and He is cnargit wnder ths rander the ornamentis of the croun within 48 houris, wnder the °f * , i ' f;,1 " i ^ yi« ' uisobeyis. pane of foirfaltour of lyf, land, and goodis ; quhilk charge so wrettin wes womplit about ane ai'row heid, syne schot wp over the castell wallis, quhair Ruthven micht fynd thame, quhilk he did ; bot stout- lie he keipit his charge, whill at last he is forsit to yeild, as ye haue, u e istanit t <. yeiid. folio 250. Vpone the second day of Junij, Mr. Johne Gregorie, minister at MrjohneGvegorie Mkin Duhnaok, wes brocht in to Monro be ane pairtie of soldiouris. He anJ iymK wes takin out of his naikit bed vpone the nicht, and his hous piti- 280 MEMORIALLS OF THE TRUBLES ite isstraitHe vsit. fullio plunderit. He wes cloislie keipit in skipper Andersonis lious, haveing fyve mvskiteiris watching him day and nicht, and sustenit vpone his awin expenssis. None, no nocht his avvin wyf, could haue privie conferrens of him, so straiilie wes he watchit. At last he is fynit to pay generall maior Monro 1000 merkis for his out lie getis libertie. standing aganis the covenant, and syne gat libertie to go. Bot in the generall asscmblie holdin in July, he wes neuertheless simplici- ty leprWit. ter deprivit, becaus he wold not subscryve the covenant; and when all wes done, he is forsit to yeild, cum in and subscrive, as ye haue heirefter, folio .* Ahirdein chargit for The said secound of Junij [the] drum gois throw Abirdein, chargeing the haill inhabitantis incontinent to bring to the tolbuith the haill spaidis, schoollis, mattokis, mellis, barrowis, pikis, gave- lokis, and suche like instrumentis within the toun, meit for wnder- Monro takis wp ane new myning ; quhilk wes schortlie done. Thairefter, Monro tuke wp AWrdeins I me t n k and Um ane new mus t er °f ms awin soldiouris, and of the tounes men also, mixis with his soidiouris. W arnit be touk of Drum in the lynkis. He directis befoir him four pot peices, then gois to array, and takis about ane hundreth and fyftie of the bravest men of Abirdein, (sore aganist thair willis) and mixis in amongst his soldiouris. He causit carie also the instru- mentis for wndermyning foirsaid ; and vpone the said second of Junij, began about ten houris at evin to marche touardis the place Marsciiaii and Monro of Drum, and incampis hard besyd. The laird wes not at hame, mm marchisto jjjg ] ac jy w ith sum prettie men wes within the houss, quhilk wes weill furnishit with amvnition and all prouisioun necessar for defens of this strong houss. Howsone Monro and Marschall cam within Tua soidouris siaync. distans and schot of mvskat, thay schot af of the hous tua of Monrois men, quhilk thay beheld. Then Marschall and Monro charge tin casteii directis fra the camp to the castell ane summondis, chargeing thame ideis desire. to rander and give over the houss. Whairvpone the ladie craveit sum schort space to be advisit, quhilk wes grantit. Efter advys- ment scho cravit sum tyme to aduerteiss hir husband, quhilk wes a John Gregory, minister of Drumoak, the almost peculiar distinction that, for was served heir to his father, James two centuries, genius has been hereditary Gregory, saddler, and burgess of Aber- in it'), will be found in Collections on the deen, 27th May, 1623. — (Aberdeen shires of Aberdeen and Banff, p. 55, Burgh Records, vol. ii. p. 385.) Notices note, of the Gregories (' a family of which it is ANNO 1640. 281 grantit, fra that nicht at evin, being Wednisday about sex houris at nicht, to the morne, Thuirsday, at sex houris at evin. In the mein tyme of this parle, Marschall rydis fra the camp to Dunnottei*. Marschall rydis to Dun- The ladie, vpone hir awin good considerations, within this tyme n0 er ' randeris \vp the castell to Monro, Marschall being absent, and de- The caste" is randerit liueris him the keyis vpone conditioun that hir soldiouris sould go ,ponco out with thair armes, bag and baggage, saif and frie, and that hir The ladie promesis the self, with hir children and sum serving wemen, sould haue libertie Monro.' ' W ""' "' to remane within ane chalmer of the place ; quhilk conditionis wes grantit, and Monro manis the castell, leaves ane commander with He mauis the house. 40 soldiouris to keip the samen, and to leive vpon the prouisioun alreddie provydit, and when that wes done, to leive vpon the lairdis rentis, so long as thay baid thair ; and the lady to send the laird in to Monro, folio 199. a Mony mervallit that this strong weill provydit sum mervaiiis. houss sould haue so sone randerit without schot of pot peice or ony danger . b a In " ane inuitor off the great losses sustained by the laird off Drum and his father during the tyme off the lait trubles and combustions," it is stated that " dur- ing the tyme off his imprisonment his hows was totalie spoyled, and the wholl goods and plenishing within the same all takin away to the walue off thretein thowsand punds Scots.'' — (Drum papers.) b During the time of the siege of the house of Drum, General Monro addressed the following order for drawing addition- al forces to his standard : — Lewetenent- colonel Forbes,— These shall be your warrand in the Erie Marsheall his name and myn, to go preceislie to Aberdene and desyr the concurrance of the whole magistrates immcdiatlie efter your com- eing thair, to caus all thair thrie companies of the Erie Marshell his regiment, wnder your command, be preceislie in armes, with bag and baggage, repair heir with you to the leager, — and that wnder pain of confiscation of the dissobedientes gudis whatsoever, and pwnisheing of thair per- sones besydis, in cace of thair dissobedi- ence as said is, for whiche these shall be your warrand. Daitet at the leager of Drum, the 4 of Junij, and subscrivit with my hand. Sic subcribitur, Robert Monro. To remonstrate against this order the magistrates dispatched a commissioner to the General at Drum, armed with the following instructions : — ' Information for the toun of Aber- denes commissioner direct to the camp at Drum, 4th Junij , 1640. The reasoncs why so many of our nichtbouris cannot merche out as wer re- quired ar these : First, all the coupcris in the toun, both frie and wnfrie, ar, and hes bene employed in making of barrelles for careing of drink to the camp. The haill wrichtes are imployed in building of the timber hous for the court de guaird, which cannot be left till it be concludet. The haill baikeres ar employed in baik- ing of birskettes and wther bread for these of the camp and companies in the toun, conforme to the ordour gewin thame for that effect. The haill poore men browsteres ar em- ployed in furncshing of malt and fewall, in the toun and countrie about, for brew- ing of drink for the service of the camp. The labourares of the ground and hors hyrares ar employed ones euerie day or 2 N 282 MEMORIALLS OF THE TRUBLES Monro rcturnis to Abir- dein. Harschall meitis him. Thay lieir devotioun. The soldiouris long abode. Marsehallia men eumit out of tlie Herns to A t>irdein. Doctor Scrogie prtiihis. oldiourig send out in pairteis. Aluaies Monro, vpone Frydday, 5th Junij, leaves Drum, and re- turnes bak trivmphantlie to Abirdein, quhair the Ei'll Marschall met him ; and that same nicht, about 6 houris at evin, thay had sermon, gave thankis to God for intaking of this strong hous with so litle skaith. Thir soldiouris lay in the place fra the foirsaid 5th of Junij to the 5th of September nixt, vpone the lairdis gryt charges and expenssis, sie folio . Vpone the foirsaid 5th of Junij, thair cam to Old Abirdein about GOO of Merschallis men out of the Mernis, bot thay gat litle inter- tynnement thair. Vpone the morne, thay war quarterit in New Abirdein with Monrois soldiouris, and remanit wraking the toun, whill the 13th of Junij, sie folio 202. Sonday, 7th Junij, Doctor Scrogie preichit in Old Abirdein, and celebrat the communioun ; bot thair wes scarss 4 burdes of com- municantis, inrespect of thir trubles. The same Sonday, about 1 1 houris at evin, thair cam out of New Abirdein about 200 soldiouris, with there commanderis. At the brig of Done thay divydit in thrie pairtes, quhairof one went in touardis Foveran and Knokhall, another by Whitecarns touardis Wdny and nicht in taking out of vivares, drink, and wther nccessarcs for the camp. The brousteres that furneshes the camp with aill and beir ar poore pople, and hes not credit skairse of a boll of malt, so that wnlcs ordour be gewin for payment to thame in present monyis. or in malt out of the camp, thay will not be habill to furneis any more. Caus send bak the barrelles, wther- wayes the camp cannot be served. Kemember to get warrand for paying in the first end of our contribution, our meanest sort of pople, who hes quartered the sojouris, and hes not meanes nor moyen to interteaine thame wnles thay be payed, wtherwayes thay will all remove out of the toun. Item, to remonstrat to the Lord Gene- rail and generall major Monro, that since our town payes thair tent pairt of thair rentes and treddis for payment of the sojouris wages : that, thairfoir, they sould be frie from any forder chairge or burdiu except in keiping of thair toun and resist- ing of foran invasion, as hes bein promest to ws be the lordes of committe for the es- tate, and is inviolablie observit in all coun- treis and townes quhair armies repaire, and no forder is requyred of wther burrowes. Last, be the lordis of committee thair ar onlie tuellfscoir men appoynted to be listed for supplie of this regiment out of the whole diocie of Aberdene, quhilk con- sists of eight presbyteries, so that out of ilk presbyterie thair wilbe required bot threttie men, our part whairof will not exceid eight men, whairfor we cannot be farder lyable bot for our awin pairt, pro- portionablie with the rest of the presby- terie of Aberdene.' In a letter to Air. Alex. Jaffray. then at Edinburgh, dated 28th June, 1640, the magistrates say, " if thair be two com- panies of men takin out of this toune to marche with the camp, we think that the halff of our people at home will be taken, from ws." ANNO 1640. 283 Fuddess, the 3 touardis Fetterneir. Thay brak wp the yetis of Foueran, Wdny, and Foverane, Wdny, and Fuddess. Thay took meit and drink, bot did Pu dess 81)1,8,1 no muche moir skaith, the lairdis of Foverane and Wdny being both The lairdis arin , absent in England, as royalistis and antecovenanteris. The ladie . „ ... ~ ' » Knokhall ewll vsit. Wdny, duelling in Knokhall, randeris the keyis. Thay gave them bak vpone the morne without doing gryt wrong, and returnit to thair quarteris in Abirdein, These who went to Fetterneir fand the yetis keipit cloiss, the Fetterneir defendis his i • i i • w i • -,i • ii ± ±t j , bouss, killis ane soldiour. laird himself being within, and began to persew the entress yet, quhilk wes weill defendit, and ane of thir soldiouris schot out thairat, whairof he deit schortlie thairefter. The rest leaves the The soldiouris K ois bak. persute, and thair hurt soldiour behind thame, and I'eturnis to Abir- dein without moir ado. The laird, feiring sum trouble to follow, displenishis the place, Fetterneir leavis his left nothing tursabill within, cloissis wp the yettis, and took his llouss wyf, children, and servandis with him to sum vther pairt. Bot schortlie thair cum fra Abirdein another pairtie of soldiouris to the Another party abusis same place, brak wp the yettis and durris, enterit the houssis and the place ' chalmeris, brak doun wyndois, bedis, burdis, and left no kynd of plenishing on hewin doun, quhilk did thame litle good, albeit skaith- full to the owner. Sic as thay culd carie with thame thay took, syne returnit bak to Abirdein ; bot the laird fled the countrie, and to Bervick gois he, folio 207, suffering this gryt skaith. Vpone the 9th of Junij the laird Drum with sum few horss cam The Laird Drum cumis in to Abirdein, according to the ladeis promess at the randering of t0 Ab,rdein ' the houss, as is befoir, folio 198. He met with the Erll Marschall Meitis with Cultcr, and maior Monro, drank kyndlie and blythlie togidder, and keipit NeddTrmvre', campheii, him still besyde him. And in the mein tyme Monro send out pair- teis of soldiouris, and brocht in to Abirdein Irving of For- MrJonne EosSi takin net, [Robert] Irving of Fedderet, Schir Johne Gordoun of Had- r i t d h de " a t d ,herm *|r' f oraei ° Thomas NicoImiiu . George Moresoun, George Jamesoun, George Gordon, Robert George Johnsi Forbes, Mr. Alex r Reid, Dauid Rikard, and William Patrie, tounes George Jamesonn, men and burgessis of Abirdein ; bot the lairdis of Drum, Haddoche, Forbes. G Mr' 1 a: "J "\\ Butl "" r go for Edinbrugh vpone the morne ; and in the meintyme setis a strait guard about thair lodging, that none sould go in nor out with- out licens, whiche thir gentlemen wes compellit to obey. Vpone the morne thay took thair leive from Abirdein, leaving Thay ar convoyii thair freindis with sorie hartis. Thay war gairdit and convoyit be Bdinbru s h - soldiouris as throtcutteris and mvrtheraris, quhairat thay war displeissit, bot culd not mend it. The first nicht thay cam to Cowy, and sua furth to Edinbrugh, convoyit be ilk schirefdom from schire to schire. Thus is the Kingis loyall subiectis, without his auchtoritie or law, brocht wnder subiectioun. The old laird of Geicht, a seiklie tender man, being by chance at om Geici.t is takin i this samen tyme in Montross, is takin by ane capiten Betoun and baba11 - and for his better prouisioun. 294 MEMORIALLS OF THE TRUBLES Abirdene chargit to brins tliair arraes to Mersehallis closs. Thay ar pitifullie plunderit. Tlie tonus good subiectis sore opprest. Ritmaisteris, who, and how thay sould be raisit, and furneshit. Abirdene stentit to furneuh out six rit- maisteris, quhairof the Oldtoun wes put to tua vpone thair elialderis. Thay gat good help. No antceovenanter nor papist so evill vsit as the subscriving covenanter. Preparatioun for the JSoull-rod. The Lady Frascr de- partit this lyf. Vpone Setterday [Friday] 26th Junij, six drumis went throw Abirdein, commanding and chargeing the haill inhabitantis to bring to the Erll Marschallis cloiss his haill armour, sic as suord, pistol], mvscat, hagbut, carrabin, corslet, jak, partisane, pik, and all vther kynd of armes, and commandit the balleis to go quarterlie throw the toune that none sould be obscuirit. The tounes people gave obedience. Monro causis tak wp inuentar of ilk manis armes ; syne commandit them to lay doun the same within the Erll Marschallis cloiss, or rather within his houss, syne commandit ilk man to go home, for he wold keip these armes for his awin vse. The tounes people wes passing sorie for bereaveing them of there armes be sic ane vncouth slicht, few burrowis in Scotland haueing better, bot no remeid ; thay went home with patiens perforce, and forsit to suffer this abuse for thair loyaltie to thair King. Now the comitte of estaitis had givin order to furneish out throw all Scotland a number of regimentis of ritmaisteris, consisting of 100 horss to ilk regiment; and he who could spend 50 chalderis of vittll of frie rent or money, to furneish out ane ritmaister, with suord, pistoll, carrabin, or lance, and ane horss worth 80 lib. And siclike, that thair sould be furneshit out footmen, with all kynd of provisioun necessar, sic as clothis, suord and mvscat, or hagbut, pik or speir, to serve in this seruice, wnder the pane of plundering. Amongis the rest, (ilk schirrefdome being particularlie stentit and valourit throw the kingdome) both Abirdeins wes also valourit and stentit, and ordanit to furneish out (by and attour the footmen whiche wes givin befoir) the furnitour of six ritmaisteris, quhairof the poor Oldtoun wes put to tua, quhilk thay war vnhabill to do, not haueing so muche frie rent ; bot thay gat about threttie chald- eris of vittll and siluer rent out of the bischopis kavell, consisting of thrie cobles on the water of Done, and vther rentis out of the samen water, to help to mak wp this furneshing. Heir it is to be markit, that no antecovenanter nor papist wes thus vext nor stentit in thair landis, gudis, nor geir, bot onlie the covenantees, quhilk bred suspitioun ane worss euill wes to befall thame. About the 24th of Junij Felt Marschall Lesly is making gryte preparatioun to the Boull-rod, sie folios 229, 241. [Anne] Haddan, Lady Fraser, dochter to the laird of Glenevass, ANNO 1640. 295 [Gleneagles] depairtit this lyf about this tyme, hir lord being in Edinbrughe. He had gryt moyan by his mareage of the houss of Balmyrrinoche, Elphingstoun, Couper, in all his adois aganes Had- doche Gordoun. Vpone Setterday 27th Junij, tua hundreth men with thair com- manderis past out of Abirdene. Thay plunderit the landis of Bal- Baibjthen, Hedderweik . bithen, Hedderweik, Lethintie. Thay brak wp the laird of Newtoun et " nt ' e ' p underit " Gordonis yetis and durris of Newtoun ; thay spolzeit what thay The yetis of Newtoun could get on left put asyde, bot finding littil, thay barbarouslie brak alngisZun^l^ni*" doun beddis, burdes, almreis, and plenishing within the houss ; syne ing - plunderit out and about these boundis 12 horss fra the poor ten- Thay plunderit 12 hom, nentis. Thay plunderit also the laird Drumis ground, (him self lying wardit in Edinbrugh) and tuke fra his tennentis about 18 Thay plunderit out of horss. Thay also tuke ane honest man in the same ground callit • Drumis ground 18 h0ISf James Irving, alias Scalpy, and siclyke, Mr. Androw Logy, minister Thay tuke ane honest at Rayne, Mr. John Cheyne, minister at Kintor, Mr. Williame YnZVo^' Levth, minister at Kinkeil, Mr. Williame Strathauchin, minister at Mr Johne Chein - Jlr J ' ' ' Williame Leith, Mr Daveot, Mr. Samuell Walker, minister at Monkegie. Thir fyve wiiiiame strathauchin, ministeris wes takin as out-standeris. Thay gat no libertie to ryd ministevis, as out- vpone horss, bot compellit to go on foot with thir soldiouris, who broeht'to AbhXii' altogidder, with thair pray of horss and goodis, returnit bak to Abir- dein vpone Wednisday the first of July. Thus wes this poor countrie brocht in gryt miserie be thir and the lyk oppressiouns, Gr V t oppression con- without warrand of law or justice, yea, expressly contrair to his procia°maTiouts jes,eis Majesteis former proclamations. Vpone Tuysday the last of Junij, ane of capitane Dazellis soldiouris swyming for his pastyme, pitifully drount at the schoir of Ane soidiour pitifuiiie Abirdein; and ane old man of the toun, callit James Birny, jaZ^Bimy w „ „„,„,. wobster, aboue thriescoir tuelf yeiris of aige, heiring of his death, and rode , the me » f ° r •> 0 = ' sum speiehcs. ansuerit he wissit all the rest to go that get, wes schortlie wairdit for these wordis, syne rode the meir, to his gryte hurt and pane. Thus, none durst speik nor do aganes thame. Vpone Thuirsday, 2nd July, the Erll Marschall returnit bak to Marschall retumis fra Abirdein from the parliament holdin in Edinbrugh. He sufferit the tl,e P arlianK " t laird of Haddoche to go to Kellie from Dunnotter. It is trew he had quyttit the company of the Gordouns, as ye hard befoir, folio , and cled him self with the Erll Marschall, his neir cusing, and 296 MEMORIALLS OF THE TRUBLES Ihe Laird of Haldoch is attendit and follouit him south and north at his plesour, vtheruayis with him, and forsit to,,,. j • ax. i» -i « toiiow him. He is fynit he behoveit to suffer plundering and oppressioun as the rest of his b n rav 0 e°hoTs < s rkis ' aDd a " e freindis did. In the mein tyme, it wes reportit he fynit him in ane thousand markis, and an brave horss worth 600 merkis, and causit jfewtoun Gordoun him aganes his will to pay the samen. The laird of Newtoun Gor- yeildis to MarschaU. gemg the wor l d gQ SQj y e [\fc t an & cam j n to the E r ]J ]yj ar _ sehallis will, promesing to attend his seruice in all fortouns and aganis all persones at his command ; and becaus he had no vther He piedgis his charter suirtie, he laid besyd the Erll his charter kist for his faithfull touchi S He ke ' P ' S ° 0t obedience. Nottheles, he keipit nather aith nor promeiss as he had promesit. Haddoche wes also fynit in 2000 merkis, sie folio 203, Marschall bringis home bot he cam hame, leaving the rest lying in waird by Marschallis Haddoch out of Edin- bmgh. moyan. ou Abirdein chargit to This same second of Julij, ritmaister Forbes chargeit Old Abir- meft e -,nddr\ 0 nk Smen dem to mak preparatioun for lodging and intertynneing of 100 horss men in meit and stables, for payment, except thair beddis ; bot the The Lord delyveris them. Lord luikit doun vpone the oppressioun of this miserable toun, vnha- ln Ne^Abirdein 11 ^' 0 "' bill to sustene thame selfis from cold and hunger, and deliuerit thame fra this oppressioun by the goodness off Marschall and Monro, who harknit to ane supplicatioun givin in by ane Oldtoun man, and in- continent causit haue thame all over to New Abirdein, thair to be quarterit that same instant nicht. Frydday, 3rd July, thair wes told, vpone the calsay of Abirdene, Many schottis at tua about 28 schotis of cannon in a seafight anent the Coave, betuixt Scottis barks anent the , . j , o u > i i • i coave. ane stranger gryte warr schip and tuo hue scottis barkis, who wes Thay ar dvng in amongis chaisit in amongis the craiges of the Coive, whome the gryte schip durst not follow, and thairfoir schot to haue sunkin thame to the Ane man cums a schoir- ground. Thay landit ane man, who haistellie cam to Abirdene de- aangS ana n erave h i„g clairing thair danger to Monro, craveing his help and aid, who in- hisheip. Hedirectis continent directit capitan Dazell with 58 soldiouris mvskiteiris. capitan Dazell with 58 1 mvskiteiris to attend, if Thay boitit over at Torrie, Marschall going him self to sie this any boitis cam fra the ,. . - - - - . . - , . gryt schip. sport. Ihe schipman told that he feint the enemy to burde thair schipis be boitis, and spoyll all there goodis. To prevent this danger, he convoyis thame secreitlie wnder the scowg of ane crag, None cam. Schogoisto to attend if any of thair boitis would louss, bot none cam; so scho sea, and Monrois meu " retumis to Abirdein. left thir tua Scotis schipis in the cragis, and scho gois to the sea. also. " s S °' S awa? Dazell returnes bak to Abirdein, and the tua Scottis schippis winis ANNO 1640. 297 away, suppose sore sloppit ; bot the covenanteris wes sum what The covenanteris effrayit. dashit at the noyss of thir cannons, quhill the storme wes decJairit. Word cam to Abirdene that the King wes raising gryte forces, sie The King is n ising folio , in England aganist our covenanteris. Vpone Setterday 4th July, Thomas Adamis cordiner in Old Abir- Thomas Adams uyf dein his wyf, rakleslie schot, by ane pley fell out betuixt sum bTcam a%ri£piii. and soldiouris and Alex r Merser our owne tounes man, vpone the nicht, quhairby scho becam crippill on ane of hir feit, and walkit vpone staves. Marschall, vpone the said day, rode doun to Kellie, quhair he Marshall rydis to Keiue, stayit with his cusing the laird, quhill Monro took get to Strath- an >' lswlt a oc ■ bogie, as ye may schortlie heir. Sonday 5th July, ane fast solempnlie keipit whill 5 houris efter- Ane fast in New Abir- none in New (bot not in Old) Abirdene, praying for peace ; and that dem " samen nicht, about 10 houris at evin, major Monro beginis to Monro marchis from march e from Abirdein touardis Sti'athbogie. He had about 800 strathbog^'ffis com. men, quhairof thair wes sum tounes-men, and six puttaris or schort p;my - peices of ordinans ; and thus merchis that nicht to Kintor, quhair He cumis to Kintor. Marschall met him with sum companyis. (In Monrois absens, Col- Marschaii meitis him. lonell Alex 1 ', maister of Forbes, had ordouris with sum few soldiouris of Forbes keipis Abir- to keip Abirdein.) Monday, fra Kintor thay marche to Harthill, F e r '" ' Kintor t0 Harthiii, whose ground thay spoilit pitifullie, him self lying wardit in the aml s P° iUis Im P r, -»» id - tolbuith of Edinbrugh, as ye hard befoir, folio . Tuysday, thay From that to Gamtuiiy, marche touardis Garntullie, and did the lyke spoilzie be the way. ™Vrathbo g ie. SP ° lzeinfC Wednisday, thay marche, and on Thuirsday, 9th July, thay cam to Strathbogie ; and be the way as thay cam, thay tuke horss, nolt, scheip, ky, callit the bestiall befoir thame, slew and did eit at thair plesour. Thay brak wp girnellis quhair euer thay cam to furnesh thame selfis breid. Thus cuminge efter this maner to Strathbogie, the first thing thay enterit to do, wes hewing doun the plesant plant- They hew doun the ing about Strathbogie to be huttis to the soldiouris to sleip within Strathbogie, to be huttis vpone the night ; quhairby the haill camp wes well providit of huttis, to )e soldlouris< to the distroying of goodlie countrie pollice. The Marques of The Marquess of Hunt. Huntlie being absent himself in England, Marschall sendis to his ] '! is v b n nt " ... * t O O ' " Marschall sendis for the gooddams sister, the Ladie Marchiones of Huntly, to rander the ke ? is of the piace.quhiik keyis of Strathbogie, hir self duelling in the Bog, quhilk scho wil- linglie obeyit. Then thay fell to, mellit with the victuall girnellis, 2 p 298 MEMORIALLS OF THE TRUBLES Thaj enterit the office qnhairof there wes store within that place, tuke in the office hotissis, sirn S e 8 iH S ,8nd k ra and ane dollour the nolt, bot still horss uoid thay not seii. ] The lutmes <>t Abirdein went quarterlie throw the haill toune, and tuke wp the names of the mroll,t < aiu t ,kl " haill men within brughe betuixt 60 and 16 in roll. About this tyme Alex 1- Lyndsay, sum tyme of Vane, and Robert oia Abirdein chargit, Keith, schiref deput of the Mernis, gryt gyderis of the Erll Mar- plundering, to n mak pay- schall since the decourting of Robert Keith, writer, his reall ™** u ^ k ™° , " ta servitour, alledging thame to haue pouer from the Tables, and con- scho,t 'y °oeyit. stitute commissares for vplifting of the rentis of the bischoprik of Abirdein fra the tennentis and vassallis thairof, vpone Thuirsday 9th July, causit charge the fewaris of Old Abirdein to mak payment of thair few deuteis for the thrie last tennis vpone thair discharge, wnder the pane of plundering. This vncouth charge wes haistellie obeyit, and in there names payit to George Middiltoun. Richt sua order wes givin out for melling with the Kingis owne The Kin^s rtntis. proper rentis. Thay vpliftit the Erll of Traquhairis rentis, except Traquhairis renti> mel- 5000 markis allottit to his lady to leive vpon, not within hir awin ,ltult1 ' hous, bot within the Kingis pallace of Dalkeith. The Erll of Fyndlater had lykuaies ordour to vplift the laird of order f,.. yptaking Banff his haill rentis, who oversaw not that bussiness, haueing no Banfisrt "" x goodwill at Banf. Mr. Robert Farquhar maid commissare, and Walter Cochrum his JIr Robert Farqunar and deput, for vplifting of the tenthis and tuanteithis throw the haill ^^Z^ rtt schirefdomes of Mernis, Abirdene, and Banf ; for the whiche thav fV>r v P liftin e of tne » tenthia and tuintiiths was not to exercise howsoeuer vntill the expiring of vacancie ; but some brethren who compeared their also being suspended from the exercise of their ministrie till the Assemblie, the like was said to me con- cerning ray profession. I returned home in peace, and praised God for his mercy toward me, beseeching his Divine Ma- jestic to be with me at the generall as- semblie, and to give a comfortable and a mercifull, a peaceable and a blessed euent therof. And I was comforted in the Lord our God, to whome be all and euerlasting praise. — Amen Upon the 10th day of Julii, 1G40, 1 was again threatened by those that are requiring pecuniall fyncs from the people, and I gave myself to prayer, beseeching the Lord my Sauiour to direct me, and to deliuer me, and tomoue theise men to depart frum me, as he moued the Syrians to depart from Jehoshaphet.' — (Diary of Dr. John Forbes, fol. 135.) .502 MEMORIALLS OF THE TRUBLES within ti.e sehiref-domes had of moiiethlie fie 300 merkis. Attour, both Abirdeins wes Mernis de n Ban ' a " d chargit, wnder the pane of plundering, to subscrive ane band, quhair- Tnair fie. j n jj^ man su \^ submit himself, his lyf, his landis, his eoodis, to the Ane band subscrivit be " » " ° both Abirdeins to the Erll Marschall, according to ane pouer grantit be the Tables to him, Krll Marschall of <;ryt . . . . subieetiouu. quhaii'of the coppie verbatim follouis : — Wee, all and euerie one of ws wndersubscrivcris, considdering how just, equitable, and neidfull a thing it is to haue the conimoun charges bcstowit in the lait troubles of this countrie payit, and these who haue givin out money, victuall, or vther [goodis], and these who haue wndergone the burding thairof payit and releivit of the samen als spedellie and tymouslie as may be, do heirby hartlie, willinglie, and friely offer and promeiss for ws, oure aires and successouris, to pay and deliuer ilkaue of ws for our owne pairtis, to &c. blank or there deputis apointit for receaveing of the samen, ten markis money of everie hundreth markis of yeirlie rent dew and payabill to ws and ilkane of ws for oure owne pairtis, conforme to the estima- tioun to be maid of the saidis yeirly rentis, be 4 or ma suorne men in cche presbitrie in this kingdom, to whose determinatioun anent the saidis rentis wee heirby acquiess, conforme to the instructionis direct for that effect, and wnder the condi- tionis thairin contenit ; quhilk soume of ten markis of euerie 100 merkis, as said is, we obleige ws and our foirsaidis to pay betuixt and the first of Aprile nixtocum, togidder with 10 merkis for ilk 100 merkis falzie, by and attour anuelrent incace of retentioun efter the said day. It is declairit, that becauss euerie man payi6 for his rent as if it war frie of ony debt or burding, except ministeris stipendis, few, and vther duteis dew to his Majestie, or with claussis irritant, thairfoir the debtour sail haue retentioun from his creditour of the lyk soum payit be him out of everie hundrethe markis of anuelrent of vther burding, providing the said anuel rent and vther deutie be aluaies payit within the yeir, or thrie monethis thairefter at the farrest, vtheruaies he sail haue no retentioun. This vnlauchfull obscure band beiris registratioun, and wes for plane feir of plundering subscrivit be ws Oldtoun men vpone the JJo danger follouit vpon 15th of July, 1640. Bot surelie nather payment nor plundering this band to oid bir- f 0 ^ ou ^ V pone this band, as wes daylie expected, aganes Old Abir- dein ; bot vtheris payit soundlie, as ye may heir heirefter, folio 218. ti„. capitane of ane Frydday, 10th July, ane Spanish friggot hapnit to cum to our Spanish friggot, »iti, 7 bulwark. Collonell, maister of Forbes, now in Monrois place, eover- men trecherously takin, - wnder trust, be coiioneii nour of Abirdein, directis doun ane commander with sum soldiouris Forb6S mcii. to try what scho wes. Thay speik. The capiten desyres, vpone assureans of saif returne, to cum a schoir, quhilk he with sevin of his soldiouris did; but schortlie, wnder trust, thay ar aprehendit ANNO 1640. 303 and perforce brocht wp to the toune, and thair demandit what wes there erand. Ansuerit, thay had ane pass fra there maister the King of Spayne; thay beleivit thay micht cum saiflie heir hecaus of peace standing betuixt thair maister and our King, and if thay gat ony wrong, Abirden sould pay for it. Bot collonell Alex r , maister Thay ar «ar sustane them. perceaveing this horribill crueltie, contnbutit amonges thame selms to help to sustene thame in sum better sort. Now hapnit sum soldiouris to cum to the toune, and ar devysit to ly in the tolbuith ; quhairvpone thir Spangzeardis ar removit and wardit in the cor- Thay ar removit out of ... . . , . ... „ w . P the tolbuyth to the cor- rectioun nous, quhair thay remanit miserabhe quhnl the 2 sum bames, and ferit to remain vnder the gaird of ane capitan, ane livetennand, ane servanda. o r > » Thay ar gairdit, and the seriand, and 24 mvskiteires, whome he ordred to keip that houss, e aild t0 leiTe v P°nethe i .11 /■ i i r m i i rent of the bischoprik, quhul forder ordour cam from the Tables, and to leive vpon the andnotvponthebischop- .. n ,i l-i -i i j/i-in i-i • is provisioun. The com- rentis or the bischopnk, and onnawayes to truble the bischopis ma nderis kyndiie vsit. houshold provisioun, nor be burdenabill vnto him. Bot the bischop vsit the thrie commanderis most kyndlie, eiting at his owne table, and the soldiouris wes sustenit according to directioun forsaid. Monro haueing thus gottin in this strong strenth by his expecta- tioun, with so litle panes, quhilk wes nather for scant nor want givin ower, he returns bak agane to Strathbogie trivmphantlie, be- Monro retU rnis bak to a-ining whair he left to plunder horss and armour, and to fvne everie strathb °g; e . an<1 begims ~ ° 1 J where he left to plunder gentilman, yeoman, man hird, and hyreman that had any money, horss > armour; and fyn- . i i -ii i i- i- >i i in S everie man, who without respect ; and quhilk obedienthe, without a schow of re- wiuingiie obeyit, besydis sistans, wes done and payit, besydis there tenthis and tuanteithis teitMs tenth,S tUe " whiche thay war lyabill in payment to the commissares, as occasioun offred. Thus he spolzeit and plunderit wp all, and keipit the moneyis ins soidioris is not wem fast, not paying his soldiouris as becam him, [they] leiving onlie payi ' vpone meit and drink without wages, quhilk bred a mvrmwring Thay amongst thame selffis. Bot Monro quiklie pacefeit the samen by 2 Q mvrmwr. 306 MEMORIALLS OF THE TRUBLES Anesoidior killed. killing of the principall murmvrars, and ane seditious persone, with refquenschr vr,mvriDS ane suord in his owne hand 5 quhairat the rest becam effrayit. Monro, be instigatioun It i s said, about this tyme, be the instigatioun of the Erll of and p^uud'cris^iarie 8 Findlater, Harie Gordoun of Glassache, his owne cusing german, (iordouns ground, abusis his ground wes spolzeit and plunderit, his place of Glassache abusit, his houss of Glassache, ... takishis goodis, him self his goodis takin away out of Auldmoir, him self with his tuo sones and his tuo sonis narrow- ,. .. , i -»«- • it n lie eseaiping. narrowhe escaipmg ; done by Monrois sokhouris be instigatioun ror- Monro lyis at Strath- said. Thus, at Strathbogie lyis Monro quhill the tent day of Au^uXvsing oppres-° f August, as ye may sie heirefter, folio 225 ; and, lykuaies, as ye may sioun - reid befoir, folios 210, 211, 212. Mr. Dauid Leiche, minis- Sonday 19th July, Mr. Dauid Leitche, minister at Logy, ane ter at Logy, cumis in principall outstander and gane stander of the covenant, and who and preichis ane pene- 1 1 ° tentiaii sermon. had left his churche, his charge, his countrie, and went into Eng- land, as ye may reid befoir, folio , at last he returnes hame, becumis penitent, and the forsaid Sonday he in Old Abirdein preichit ane penitentiall sermon, directit be our churche, quhilk that day wes It is not found satisfac- not found satisfactorie ; thairfoir, wes once agane ordanit to preiche, hI preichis agane, and vpone the 14th of September, ane vther penetentiall sermon in is receavit b e the kirk, th kirk f New Abirdein, quhilk he did, and wes found satisfac- who cam first ot all the x rest - torie ; quhairvpone he wes kyndlie receavit to his churche and charge, quhilk he wes loth to want, and thairfoir yeildit first. The foirsaid Sonday thair cam to the raid of Abirdein ane Ane scottis schip, ladnit Schottis schip ladnit weill with pulder, ball, mvscat, cartow, and with pulder, ball, mvscat . _ — , . ,. /> t • i i &c. iandit at Montross. vther armour, brocht rra Holland, intending tor Leith ; bot scho espying ane gryt schip lying at anker, taking hir to be ane of the Kingis schippis avaiting vpone hir, scho tuke no anker, bot swiftlie saillit about the nvke touardis Montross, disladnit hir burden, quhilk the estaitis, as wes reportit, wold not suffer to be brocht about be sea, bot only be land, for feir of danger, becauss Edin- brughe stood in gryte neid of sic provisioun. Alexander Gordoun of About this tyme and a litle befoir, viz., vpon Tuysday 14th July, Brasmoir is takin, had to Alex r Gordoun of Brasmoir was takin be ane pairty of Marschellis Marschall. , . soldiouris out of his owne hous in Old Abirdein, and had to the He is fynit, yit not takin toune in quyet maner, quhair Marschall fynit him in 2000 merkis. He,'vponeconditouns,re- Aluayes, vpone conditioun he sould go with Merschall to the Boul- tumis to his own houss. foe suld be frie, and so cam bak to his own houss ; quhairat the Oldtoun wes weill content. He rode south with Merschall ons vpone ANNO 1640. 307 his owne expenssis to Edinbrugh, bot never more ; so wan frie of fyne and of going to the Boul-rod. Mononday 20th July, Marschall cam to the Oldtoun, commandit Marschall cumis to OKI the balleis to mak out of there toun 20 soldiouris, and deliuer thame M.ui'imivisTithVmrtic to one of his soldiouris callit Schir Johne Douglass, to help to mak da - vis loan at viii " U1 ' \vp his regiment, with aucht scoir pundis in money for thair fourty dayis loan ; quhilk for plane feir thay war forst to do, being sillie waik poor bodeis. Then the Oldtoun is commandit to furnesh sieh ow tliay ar furneshit thame armes. Thay said thair armes wes plunderit fra thame be ofarmes - collonell, maister of Forbes, and Cragivar ; so thay had none to fur- nesh. Then it wes speirit with what armes thay servit the Lord Aboyne. Thay said with the Kinges armes furneshit be the laird of Cluny, who had receavit thame bak agane. Wherevpone letteris wes direct, commanding Cluny to deliuer bak to the Oldtoun soldiouris, bot Cluny wes not at hame. Auchterfoull maid ansuer, these armes wes had to Auchindoun long ago ; bot for eschewing of forder tryell he send in six mvskitis. Thair wes tane out of the six mTScat is cumis fra colledge, belonging to the Marques of Huntlie, sevin ; and vther f e l ™ beionAng^to'ti.r' sevin wes furnishit be commissare Farquhar at Marschallis com- Loid warquess, and r A at Marshallis command mand. Thus wes the Oldtoun soldiouris armit, and the toun maid furneshit. frie. Thus thay did, by and attour the furneshing of vther fyve foot soldiouris and ane rit-maister, as ye may reid befoir, folio Wednisday 22nd July, these burgessis of Abirdein who had sub- Marshall, vpon tin. sub- scrivit Marschallis submissive band, cruellie fynit be him self in AwXincruciiy'.' US % " thair goodis, and ilk man compellit to mak payment that same day, in reall money, of thair fynes to Marschall, him self being present. Thus is that noble brughe daylie more and more vext be slicht and be micht ; bot surelie God delyuerit Old Abirdein fra this scurge, and none fynit in ane grot vpone this submissiue band. Sie more heir- efter, on this samen side, how this crueltie wes mitigat. Ye hard befoir, folio , how the goodman of Harthill wes H ar ,hiii raiiiis aganes wardit in the tolbuith of Abirdein. Now, linking out at the tolbuith '!° ne6t men ' He '* ° fetterlt. windois, he raillit out aganes sum honest men going anent the tol- buith. Quhairvpone thay fetterit him fast that he sould not cum neir the wyndo, and fastnit his fut in ane changzie, giving him He is changzeit, ana sore libertie to walk wp and doun, bot not neir the tolbuith windo. Be- bu,,gred ' pitifo11 t0 si ' '■ sydis, he wes tormentit with hunger, (for he gat not his fill of food, 308 MEMOR1ALLS OF THE TRUBLES Letteris cumis fra the quhilk bred him a sort of madness), without regaird to his place, to his persone, now sum quhat seiklie. He is straitlie keipit for a litle offence. Sie more heirefter, folio 258. He was thus changzet vpone "Wednisday 22nd July. This Wednisday foirsaid, Mr. Mathow Lumsden, comissioner for Tables to Marshall in Abirdein to the conventioun of burrowis holdin at Irving, returnit favons of Abirdene, be ° the quhilk thay fand hame, bringing with him ane packet to the Erll Marschall, direct fvnu. a ° ur ° ere from the Tables, desireing him not to vse the toun of Abirdein, who had subscrivit the band, rigorouslie, sic as wes freindis to the good causs ; bot to vse suche as wes knowne enemeis to the good causs at his lyking. Efter recept of thir letteris, Marschall desirit the toune to mak ane list of six persones, of the best men of knouledge within the brughe, and out of this six he sould draw out tua, who sould behold and sie his proceidinges, and be whose advyss he sould fyne or absolue. Out of thir six he drew out Mr. Robert Farquhar and Johne Leslie, to sit and give thair advyss in thir ef- faires ; quhairby the inhabitants fand sum more favour. Marshall meilis with the Thuirsday 23rd July, the laird of Elsick, and Androw Hamptoun, rentisofDrum andPet- S eruitour to Marschall, with liuetennant crovvner Middiltoun, wes foddellis ; causis the grund prepair men for by Marschall direct to go to the landis and barroneis of Drum and thay w^r' "forsit^obey, Petfoddellis, and thair fenss and hald courtis vpone the tennentis, mlL7teriess nUs * ai and deeerne thame to pay thair byrun deuteis to Marschall, and to tak new takis of him as dominus fundi ; and with all to prepair men for the Boull-rod. The poor tennentis (wanting thair maisteris, Drum being lying in the tolbuith of Edinbrugh, and Petfoddellis fled out of the countrie as ane antecovenanter), knew not what to do, nor whome to obey, yit forsit to yeild to Marschall. capitane Kaird with so Setterday 25th July, capitane Kaird, with about 80 soldioris, fut- futsoidioris, wes quarter. men 0 f collouel Alex r , maister of Forbes regiment, wes quarterit it in Old Abirdein, for ... . ....... there owne pay. heir in Old Abirdein, to leive vpon the tenthis and tuenteithis within the collonellis diuisioun apointit to him be the Tables, and not to haue frie quarteris within the toun. Ilk soldiour had weiklie givin in allowanss to him thrie pectis of meill at four sh. the pect, to sustene him meit and drink. The capitane and vther officiaris had Thay war of the maister thair sustentatioun also, but ony burdein to the toun. This wes the hmcompa^fThrt'wes' 1 first company that wes quarterit in Old Abirdein, and had no gryt quartern hen-. harme by thame, except in bed roumes, quhilk wes furneshit weill ANNO 1640. 309 to the capitan and officiaris, bot the soldiouris lay in thair plaidis. This capitane wes treulie callit Forbes, bot nik named Kard, becaus Thiscapitansrichtnami when he wes ane boy he servit ane Kaird. He wes ane prettie soldiour ; he causit big wp ane trene meir at the cross for pvnishing lie causit big am- trein of trespassing soldiouris, according to the disciplyne of warr. Sie meir more, folio 242. Generall or Felt Marschall Leslie, be advyss of our Scottis estaitis, y e it Marshall i-csiy re- resolues to raiss ane army, and go speik with the King himself in soIu£s togoin Eneland - England, since thay could get no pleasant ansuer to thair daylie petitionis ; quhairof the tennour of one heirefter verbatim follouis, coppeit from the print : — To the Kingis most excellent Majestie, the pctitioun of the commissionarie of the lait parliament and olheris, his Majesteis loyall subiectis of the hinqdome of Scotland. Humelie schoweth, That where, efter our many sufferingis this tyme past, extreme neeessitie hath constraned ws (for oure releiff, and obteining of our just and humill desires) to cum into England, where, according to our intentionis formerlie declared, we haue in all Nota. our journey leivit vpone our meinis, victuallis, and goodis brocht a long with ws, sie the tenthis, tuen- and nather trubling the peace of the kingdome, nor harming any of your Maiesteis telthls : plundering for , ... i i . ... . nien, armes and loan ; subiectis of whatsoeuer qualetie, m persone or goodis, haue careit our selfis in a most fynes in Abirdene. Banf, peciable maner till we war pressed by strenth of armes to put suche forces out of the strathbogie ; casting . , „ , , -piii dotin of housis, Airlie. way, as did, without our deserving, and as sum ot thame (at the point of death) haue Fertour, Banf ; takingoft confessed, aganes there owne consciens, oppose oure peciabill passage at Newbury on tn^ha'n"^ 818 'd" throw Tyne, and haue brocht there blood vpone there owne heidis, aganes our purpoiss and plundering off houssi's, desyre expressit in our letteris sent vnto thame at Newcastell, for preventing of the b° rs . sls ' men and money- ... . . . ... - , . . is, since the beginning of like or greater inconveniences ; and that we may without furder opposilioun, cum thir troubles; deposing into your Maiesteis presens, for obteining from your Maiesteis iustice and goodness. biscno P s ' and ministers, . J . J r ' ° J . J .„ , , ,, and doctoans, and place - satislactioun to our just demandis, we, your Majesteis most humill and loyall sub- iug iD thair places of iectis, do still insist in that submissiue way of petitioning whiche we haue keipit vtIler ^ ers '■ as ls cleirlie ... ■ /> »»•• • provm be this treatise, since the begining, and from whiche no prouocatioun oi your Majesteis enemeis and ouris, no aduersitie that we haue befoir sustenit, nor prosperous success that can befall ws, salbe abill to divert our myndis ; most humelie intreating that your Majes- tie wold, in the deip of your royall wisdome, considder at last of our pressing greiv- ances, provyd for the repairing of oure wrongis and loissis, and with the advyss and consent of the estaitis of the kingdome of England, convenit in parliament, sattle a firme and dureabill peace aganist all invasioun by sea or land ; that we may with cheirfulnes of hairt, pay to your Majestie as our natiue King, all deutie of obediens that can be expected from loyall subiectis, and that aganist the many and great evillis, whiche at this tyme threaten both kingdomes, whairof all your Majesteis good 310 MEMOMALLS OF THE TRUBLES and loyall subiectis tremble to think ; and whiche we bcseik God Almightic in mer- cie tymouslie to avert, [that] your Majesteis throan may be establishit in the midst of ws in religioun and righteousness, and your Majesteis gratious ansuer we humelie desyre and wait for. Leslie begins to raissane limy. How Maucher kiik was Servit in Doctor Scrogcis suspensioun. Marschall cums to Abir- dein, about 300 horss. Maister of Forbes and his regiment eumis in. Monrois soldiouris sent to Strathbogie for better easing of the rest. The generall assemblii sat doun in Abirdein. Jfr. Androw Ramsay, moderatonr. Nobles and reulling elderis. The same is guardit. Silldry materis agitat. Doctoris, ministeris, and regentis citat. This petitioun wes send wp to his Majestie, hot finding no ple- sant ansuer, as may appeir, Generall Leslie beginis to raiss ane army, as heirefter follouis, throw all partis of Scotland, and went to Dunss, sie folio . Sonday, 26th July, Mr. Johne Kempt taught heir in Old Abir- dein, and so by one and by other wes this kirk servit, since Doctor Scrogeis suspensioun, and whill Mr. Williame Strathauchin enterit his charge, as ye may sie heirefter, folio . Mononday, 27th July, the Erll Marschall, with about 300 horss, cam in to Abirdein. Collonell Alex r , maister of Forbes, cam lyk- uaies in with his regiment. Sic of Monrois soldiouris as wes in the toune wes send to Strathbogie to him self, that collonell For- bes soldiouris might get the better quartering. So Monrois sol- diouris removit, and Forbes cam in to there quarteris, becaus the toun wes vnhabill to give thame all quarteris. Tuysday, 28th July, the generall assemblie sat doun within the Gray freir kirk of New Abirdein, well plenishit with deassis and seatis be the toun, vpone thair gryte expenssis, befoir thair incum- ing. a The Erllis of Marschall and Findlater, the Lord Fraser, the said collonell, maister of Forbes, with sindrie barronis and gentrie, as reulling elderis, wes thair. The kirk is weill gairdit with parti- sanes, and duris keipit and attendit. Mr. Androw Ramsay, ane of the ministeris at Edinbrugh, wes chosin moderatour. b Thair wes sindrie materis agitat, and then wes callit Doctor Forbes of Corss, Doctor Scrogie, minister at Old Abirdein, Doctor Sibbald, ane of the ministeris of New Abirdene, Mr. Robert Ogiluy, subprincipall of the Kinges Colledge of Old Abirdein, Mr. Alex r Middiltoun, Mr. a For the proceedings of this assembly, reference may be made to Baillie's Letters, vol. i., p. 218. Edin., 1841. Gordon's Scots AtTairs, vol. hi., p. 216. ft S'q. Records of the Kirk of Scot- land, p. 278. Edin., 1843. b The 7th day given the tunes curtisie to Mr. Androw Ramsay and his sones in Norman Arbuthnetis houss, conforme to hir count, . . . £4 9 4 (Guildry Accounts, 1639-40.) ANNO 1640 311 Alex r Gardyne, time of the regentis, Mr. Alex 1- Scrogie, the fourt regent, (and the principall, Doctor Leslie, being alreddie deposit, as ye may sie, folio , wes not callit nor summondit) Mr. Johne Gregorie, minister at Dulmaok, Mr. Androw Logie, minister at Rayne, Mr. Johne Ross, minister at Brass, Mr. Johne Guthrie, persone of Duffus in Morray, Mr. Ritcherd Maitland, minister at Abirchirdour, Mr. Alex 1- Strathauchin, minister at the Cheppell of Gareoche, wes, with diuerss vtheris of the ministrie, summondit to compeir befoir this generall assemblie. Being callit (for vther wechtie effaires) thay ar continewit and referrit to ane committe, to Thir persones refenit u> be haldin in the Erll Marschallis hous vpone the last of July in- generall assembly. stant, callit the committe of the generall assemblie. And that day, The personesof this com- thair convenit the Erll Marschall, the Erll Findlater, Lord Fraser, mltte " collonell, maister of Forbes, (to whome also cam vpone the morne the Erll of Seafort) and the foirsaid Mr. Androw Ramsay, modera- tour, persones of this generall assemblie committe ; and being set within the Erll Marschallis houss, Mr. Androw Ramsay, modera- tour, causit call the foirnamit persones. And first, he began at Doctor Fortes is first Doctour Forbes of Corss, and efter sum quereis and' ansueris, no calllt and i uest,oun<1 more process past aganes him at this tyme, bot wes continewit And continewit, albeit n< i,. n i • • ii •, refuisit the covenant. vpone good hoipes or his incuming ; bot he could onnawaies be moveit to subscrive the covenant ; quhairvpone he wes also deposit from his place of professor, as may be sene heirefter, folio 299. a 2. Doctor Scrogie is accusit for not subscriveing of the covenant ; Doc tor Scro^e is accusit besydis for concealling of adultereis within his paroche and sum a,ld de P° sit - fornicationis, abstracting of the beid menis rentis in Old Abirdein, with sum vther particularis malitiouslie givin wp aganes him ; and quhairvpone Mr. Thomas Sandilandis, commissare, (his extreme enemy) Mr. Thomas Lillie, and Thomas Merser, wer brocht in as witnessis, efter Doctor Scrogeis ansuer to ilk article wes first wrettin. Bot schortlie, vpone the first day of August, be this com- mitte wes he deposit and simpliciter deprivit, and preichit no more at Old Abirdein nor elss quhair. Sie more heirefter, folio 256. 3. Doctor Sibbald wes accusit for not subscriveing the covenant, Doctor sibbal(1 accu51t and vpone preiching of erroneous doctrein and Armenianisme. His of erroneous doctrine. 8 For Dr. Forbes' account of the proceedings against him, see Appendix. 312 MEMORIALLS OF THE TRUBLES nu paperis ar brocht. paperis wes brocht in by ane rate of muskiteris, at command of th e committe, out of his owne houss, pairtlie writtin be him self and pairtlie be vmquhill Williame Forbes, bischop of Edinbrughe, whiche wes pairtlie found orthodox pairtlie vtheruayis, as ye may „ 4 . . . ... „ sie, folio . a Thair wes also ane minister called Rutherfurd, who Rutherfurde accusis mm ' > of Armenianisme. hapnit to be wardit in Abirdein at King James command. He heiring Doctor Sibbald at that tyme preiche, stude wp and accusit He defendis him self, him of Armenianisme ; bot he defendit him also. At last he wes thecouXie!' ^ deposit, fled his countrie with grevous hairtis, and past in England. 4. Mr. Johne Gregorie, minister at Dulmaok, (by and attour his Mr. Johne Gregorie de- . . posit, by his fyne. fyning in 1000 merkis, as ye may sie befoir, folio , and heirefter, Mr. Andro Logy deposit. f° uo 289) is now depoisit. Mr. Androw Logie deposit. Doctor Doctor Lesiy, and Mr. Leslie, principall, and Mr. Alex r . Scrogie, younger, thair deposi- ^e«\epotiL y i^T5- r ' tionis ratefeit and approvin. Mr. Johne Ross, minister at Brass, i ,,ovin - „ . with teiris cums in and ofFeris now to subscrive the covenant with Mr Johne Ross offeris tosubscrivethecovenant. hairt and hand. He is resauit, and inioynit to preiche so many He is reeeaveit, and , , , , . , . ordanit to preich pene- penetentiall sermonis, thaireiter to be receavit at his awin kirk Mrfjohne'ctuthrie and agane, as ye may sie, folio 290. Mr. Johne Guthrie, Mr. Ritchard sum otheris continewit. Maitland, Mr. Alex r . Strathauchin, and sum vtheris, vpone hope of The assembly dissoh.es. y eildin g> ar contynewit. Thus this committe of the generall as- semblie dissoluit. Now at this generall assemblie thair wes agitat ane kynd of ser- The Fameiiie of Love uice, commmounlie callit the Famely of Love, whiche wes keipit ordanit to be supplest. on ^ e n i c ht be fameleis of men and wemen, haueing thir prayeris and thair owne deuotioun. This wes complanit vpone, as holdin in Edinbrugh and Striviling, and ordanit to be supprest. Doctor Barronis wyf Forder, vmquhill Doctor Barronis wyf wes, by command of this brocht out of stryiay in assemblie, be ane rate of mvskiteris brocht out of hir awin hous in to Abirdene with hir t ... • busbandis paperis, and Stryiay, with hir husbandis preiching paperis ; quhilk being sein be "ssembiy S ° un be the the assemblie, wes not found sound. Thair wes also brocht thair sum missives found ane missive letter direct be the archibischop of Canterburie to the whfehe 5 withTe^peds' said vmquhill Doctor Barron, with tua vther missives, direct to thay took, and sufferit him and vmquhill Mr. Alex r Ross, fra the bischop of Ross, all the wyf to go. A , ... tending to the mantenans of Armenianisme, promesing thairfoir a For the proceedings against Dr. Sibbald, see Gordon's Scots Affairs, vol. iii. Appendix ii., p. 274 ANNO 1640. 313 rewaird, and with all willing thame to caus Raban imprint in the book of commoun prayer sum passages of Armenianisme ; quhilkis paperis and letteris thay careit with thame, and sufferit the gentil woman to go. Mononday, 3rd August, Mr. Androw Cant, by voice of the Mr. Androw cant is generall assemblie, is ordanit to be translatit fra Newbottill to ,iein. ' Abirdene to serve at the kirk thairof. Bot he went first preiching lie first servitu>Lcsiy is to Generall Lesleis camp at Newcastell. Sie more heirefter, folio edmp ' at e " taste 333. Wednisday, 5th August, the Erll of Seafort, collonell, maister of Forbes, Mr. Johne Adamsone, principall of the college of Edin- brugh, Williame Rig, burges thair, Doctor Goold, rector of the Kingis College of Old Abirdein, with sum vther barronis and gen- tilmen, held ane committe at the said Kingis Colledge, quhair Mr. Ane commute hoidm ^ James Sandilandis, dischargit abefoir to be canonist, is now maid Mr. James Sandilandis ciuilist, loth to want all. maidcmuist. Thairefter thay cam all ryding wp the get, cam to Maucher kirk, Tm , v cum ry din A1 The crucifix of the Old- Maucher Iyll, anent the consistone dur. The crucifix on the Old- toun cross dung doun. i -i . i • n ,•■ -XT i i • The crucifix of the New- toun cross dung doun ; the crucifix on the JNewtoun cross cloissit t „ un C n,ss cioissit wp. wp, being loth to brak the stane ; the crucifix on the wast end of ^hoUsf ua dun? Sanct Nicholas kirk in New Abirdene dung doun, quhilk wes neuer do ""- ° 1 All be this Collonell troublit before. Bot this diligent collonell, maister of Forbes, Maister of Forbes. »i. > keipit not place long tyme thairefter, bot wes schortlie casseirit, as ftairefter! P ' a ° e a Gordon's Scots Affairs, vol. iii., p. 235. 314 MEMORIALLS OF THE TRUBLES ye may sie, folio 228 ; and efter diuerss fortouns at last he, with his lady, went to Holland to serve, sie folio . Now thair wes diuerss and sindrie actis maid at this assemblie, James Morray, assembly quhilk is heir referrit to thair awin bookis. James Morray, serui- derk deput. tour ^ Q -jy| n Archibald Johnstoun, wes substitute clerk to this rrayeris at aii churches generaii assemblie." Amonges the rest of thair actis, it wes ordanit ' Hani t for the successor , . . . the army. that prayeris sould be maid at all paroche churches within Scot- land for the good and happie success of the armie, then rysing to go to England to speik the King, as ye may sie befoir, folio 220, Ane Tther generaii as- at thair petitioun, and heirefter also, folio . Thay indictit ane sanct Androis the thrid new generaii assemblie, to be haldin at Sanct Androiss the thrid so'thay °difsrfuit, 6 a8 Tuysday of Julij nixt, 1641, thairefter dissoluit ; and ilk a man ane maiisounr"' man ' sindrie get, who had mony blissingis following thame for eiting and distroying of the poor laboreris cornis about the toun with there ill attendit horssis, quhairof thay had littill regaird. Doctor Gooid preichis iu Sonday 9th August, Doctor Goold preichit befoir and efter nones Robert Ogiluy eubscrives 111 Old Abirdein. Mr. Robert Ogiluy, subprincipall, publictlie sit- ting in Alex r Gordoun of Brasmoiris deass, as he wes ordanit by the presbitrie, subscrivit the covenant efter foirnones sermon, quhilk Prayer for the Kin? and the persone of Balhelvie had refusit abefoir, folio . Prayer maid for the army, albeit he c T7 -. j l r J ,1 j> writ aganis the raising for the King, and alss tor ane good success to the army going tor "criv™ the covenant wit" the Kin g> albeit at his first subscriveing of the covenant it wes with limitations limitatioun, sie befoir, folio , and now he prayis for the army, who wreit out ane pamphlet aganes the raising of armes, sie folio . Many burgessis and Mononday 10th August, sevinscoir burgessis, eraftis, appren- MarshaiHs e regiment! >P teissis, prest and perforce takin, to help to fill up Marschallis regi- The honest touns men ment to go to Generaii Leslie. The honest men of the toun, won- dering at this many fold oppressioun, fled, took fisher boitis and went to the sea, lurking about the cragis of Downy whill this storme past. Sie folios 226, 227. Monro uftis his camp Mononday 10th August, Monro liftis his camp fra Strathbogie. to^StZ&Jt The sendis bak the hai11 ke y is to the Lad y Marchioness, but doing any keyis restorit, except offence or deid of wrang to that statelie pallace ; hot thay, amongis a The 20th day of August, to James tune, .... £13 9 4 Murray, clark to the assemblie, for ex- (Guildry Accounts, 1639-40.) trading suche actis as conserned the ANNO 1640. 315 the rest, tuke wp mekill bleichit cloth in hole wobbis bleiching Wp thay wold hing over the and doun Strathbogie ground, quhairof there vses yeirlie thair to 3SJ bleit ° hW be plentie, and wold hang over the wallis of the place haill webbis (pitie to behold) to dry, to the gryte hurt of the poor countrie people. Monro had lyin thair or his army, except going to Spynnie, as ye haue hard befoir, fra the nynt of July to this tent of August, when thay liftit the camp. Thay set all thair lodges in fyre, thay There lodgis set on fyre toomit out what wes left on spent within the girnellis, thay careit what vietuaii wes left with thame sum men, moneyis, horssis, armes, distroyit the ^ e ii^ med out of "' e bestiall, and left nothing behind thame quhilk micht be careit. Ti.ay left nothing that Thay left that countrie almost manless, moneyless, horssless, and ^'hay'ieft thTcountrie armless, so pitifullie wes the same borne doun and subdewit, but aIraost ^aniess, money. 1 less, armsless, horssless. ony mein of resistans. Thay sueir and subscrivit the covenant Thay sueir and subscrivit most obedientlie, and now Monro leaves thame thus pitifullie op- i h e U 8°Monro leaves pressit, as becum good covenanteris now of the new, and forduard strath n°gy sore piungit r ° and opprest. marchis he to Forglyn, one of the laird of Banffis houssis, and to He marcMs to Forgiyne Muresk, his goodsones hous, (thame selffis both fled fra the COVe- and his good sone being nant into England) plagueing, poinding, and plundering the countrie Thay pander an d poind people belanging to thame, and be the way most cruellie, without there s round P itifull y ony compassion ; syne cums directlie to the brughe of Banf, and en- He cums to Banf. campis vpone ane plot of plane ground callit the Dahauche. The soldiouris quiklie fell to, and cuttit and hew doun the plesant Hutis agane maid wp of planting and fructfull young treis, bravelie growing within the laird the plesant P lantin s of Banffis orcheardis and yeardis, (pitifull to sie) and maid wp to thame selffis huttis quhairin to ly all nicht, and defend thame from stormy weitis and rayne. Thay violentlie brak wp the yettis of his Thay brak wp durris, statelie palace of Banff, brak wp durris, and went throw the haill the forr'^anace^Thay houssis, roimes, chalmeris, victuall houssis, and vtheris, wp and went , t ,'' row al ! ; brak wp ' , ..j. girnellis; spolzeit his doun, brak wp the victuall girnallis, quhairof thair wes store, for s iound and hi s freindis , bothofhorss.nolt.scheip, thair food, spoilzeit his ground and his haul freindis of horss, nolt, gold, siiuer, arms, and i j , . j i , . . all that thav cold get. ky, and scheip, siiuer and moneyis, and armes, sic as by any meinis thay culd try or get. By and attour the Erll of Findlater, his vn- naturall freind, by command of the committe, mellit, intromettit, Menu with his ham and perforce tuke wp his haill rentis and leiving out of the tennentis r "" ,s ' handis for mantenans of the good causs. Sie more, folio 243. Tuysday llth August, collonell Alex r , maister of Forbes, directit out ane pairtie of mvskiteris from Abirdein to the barrony of Bal- 31G MEMORIALLS OF THE TRUBLES ooiioneii Maister of gowny, and parochins of Old and New Sanct Macher, and vther perforesonL^enTh^o* l ancns within his divisioun apointit to him he the Tables, command- os diuisioun. j n g heritouris wilder the pane of plundering, to pay to him the tent penny of thair frie rent, quhilk for feir wes obeyit and payit. The foui t man prest He commandit also to press and tak wp the fourt man perforce of both poor and ritche, and ilk heretour to furnesh his prest man with 40 dayis loan, and armies conforme, to the effect this collonellis re- Who disobeyit. the sol- giment micht be fullie maid wp ; and who hapnit to disobey, the dieris to duel] vpone . ,. . , . , . , , . . . them . soldiouris sat doun in than- houssis, and leivit vpone thair goodis, spending aboundantlie. Sie heirefter, folio 227. The Erii of siddisdaiu Word cam to Abirdein the foirsaid Tuysday, that the Erll of maheo^^tiaue^ Niddisdaill, standing to the Kingis opinioun, with crouner Steuart and sum brave soldiouris, manfullie defendit tuo strong holdis, Lochmaben and Skarlauerok, aganes the feirfull assaultis of ane capitan Cochrun accompaneit with about 700 soldiouris, and slew with schot sindrie of the assailantis. Marschaii . ums to AWr- Frydday, 1 4 th August, the Erll Marschall cam in to Abirdein, dcin, coiiectis his men. co n ec ting of his awin men who cam out of Buchane, Mar, and Mernis willinglie ; pressing of vtheris, and with the rest sevinscoir out of New Abirdein, as ye hard befoir, folio 225, and sic vtheris as he could get within the boundis of his divisioun, appointit by the Haddoch cam in to him. Tables and our Oldtoun cavalliary also. The laird of Haddoche Newtoun baid at name, cam in to him, the laird of Newtoun baid abak, albeit his charter Brasmoir is reddte. kist wes in Marschallis company for his loyaltie ; Alex r Gordoun of Brasmoir maid him reddy, weill horsit, to go rather then to pay his fyne, and with the rest gois forduard. So vpone Mononday he lie taias journey from takis journey, the 17th of August, out of Abirdein touardis the Abirdein. Boul-rod, leaving behind him Collonell Alex 1- , maister of Forbes to .Maister of Forbes left ** ' o * povernourof Ahi.dein. b e SO vernour in Abirdein. He rydis to Inglissmadie, takis wp ane Marshall mvsteris his ° * ° ; , r men. muster of his men, and had bot about 800 men, whair as his regi- BuTuangrie, rydis r " ment consistit of 2000 men. He wes wroth at suche as had brokin rhnws^oth'rfo promess. He haistellie rydis to Edinbrugh to complane vpone thir re'-ment™ delinquentis ; chargeing his brother-german capitan Robert Keith, to mak wp, with the sevin scoir men takin out of New Abirdein abefoir, ane hundreth and fyftie soldiouris, with fourty dayis loan ; None to receavc a run- commanding the brughe also not to receave nor intertynne any of the run-away soldiouris, wnder all hiest pane, quhilk wes deulie ANNO 1640, obeyit; and ordanit this capitane to follow him with his regiment, and sic vtheris as he could get, who wes weill furneshit with the toune of Abirdeins brave armes ; and forduard gois he to the Erll, whair his men, musterd at Mussilbrughe, drew to about 800 foot Marshall mvsterha men and 600 horssmen, and directit thame with his brother to go toTesiy 1 ' to Generall Leslie, and him self returnit bak to Abirdein, making jri, n self retumis t< gryte serche for mo soldiouris. Alex" Gordoun returnit bak with him fra Edinbrugh to Dunnotter, quhair he left him, syne had Y ra * moiv cums '' O 1 •'to Dunnotter. He is libertie to cum to his owne hous in Old Abirdein ; bot returnit not notfarderperturtit. bak agane to Marschallis seruice, bot baid still at hame, with out fyning or vther perturbatioun. Collonell maister of Forbes, now governour, in Marschallis ab- Collonell Forbes enteric 0 . c . , . i . , 1 • j 11- vrrMV Williame Scottis limits sens, or the toune or Abirdein, took wp his duelling m Williame Scottis houss anent the marcat cross, him self fled the good causs out of the kingdome ; and the collonell schot his wyf and barnes to the dur, whowsone he enterit the hous, whilk wes vpone the 18th of August, and began where Marschall left, to oppress and plunder He oppressisthe countrit the haill countrie within his divisioun, and daylie send out pairteis and°4o dayisioan.quh of mvskiteris to honest mens houssis in Macher parochis agane for wes oWyn P erfors! the fourt man, amies, and 40 dayis loan to mak his regiment, vther- uayis to duell vpone thame, and to bring in the maisteris thame selffis, quhilk perforce thay behovit to obey, and to pay over agane ; pitifull to behold. Marschall and he sortit not weill vpone thair Marshall and he s< divisionis ; quhairvpone he convenit the Lord Fraser and about 1 00 a^on" vponu "" gentilmen of his kin, who, vpone thair awin charges convoyit this collonell to the Tables to complane vpone Merschall, who had H< * south to • nather left man nor money within his diuisioun, whome Mershall also follouit. Sie more, folio 255. Setterday, 15th August, proclamatioun maid at the cross of Proclamationn maid ii: Abirdein, chargeing all maner of man in brughe or land within the unthls!" :\"to deuue'r " schirefdome, to pay the tent penny of there rentis, victuall rent, thairsiluerwaik t< ' t J l J * » ten out money. 4. Anent siluer rent, or anuelrent. 2. To deliuer thair siluer wark, vpon the run awayis. securitie for repayment of the price, according to the wecht thairof. 3. To lend out thair moneyis vpone sufficient securitie of repay- ment, with the anuellis. 4. To tak ordour with the run-away sol- diouris. This proclamatioun, doubtless, wes maid at the crossis of the 318 MEMORIALLS OF THE TRUBLES haill burrowis of Scotland, wherevnto wes givin obediens, except the siluer wark wes not cravit in this toune, and thay had no moneyis left thame to len out vpone suirtie. v list for the principali- Tuysday, 18th August, Doctor Williame Guild, and one callit tie of the college of doc- ]y| r R ooer t Baillie, wes put on leit, who suld be chosin principali in tor Goold, and Mr. » r » f I Robert Baiiy. the Kingis Colledge of Old Abirdein, now vacand by depositioun of Doctor Williame Leslie, principali thairof, as ye hard befoir, folio This list thocnt strange, 104. This list seimit strange and aganes the foundation, quhair ony ^^aganis ti.e founda- persone nocht i ernit w i t hin the colledge sould be preferrit befoir personis educat and brocht wp thairin, and of no less giftis and lerning nor these strangeris, quhairof sum then within the colledge rue forme of this elect- wes regentis, as wes reportit. Aluayes, thay go on : Doctor James ioun „ „ , Sandylandis, commissare of Abirdein, wes chancelare of the said Doctor Goold chosin J ' principali. vniuersitie in absens of the bischop of Abirdene, and wes present in the college hall ; the regentis, gramariar, and remanent foundit ( memberis, wes thair. Mr. Thomas Sandilandis, young commissare, che foundatioun beiris i n name of the Erll of Lauthean, Mr. Williame Dauidsone, schiref to four counsels) and° deput of Abirdein, in name of the Erll of Angouss, Mr. James uZ.ZmmZS^ Baird, aduocat, in name of the Erll of Mar, and Mr. Patrik Chal- et this eiectioun of mer sc hiref clerk, in name of the Erll of Morray, wes thair; principali. regent, or ' . vther member. The quhilkis four nobill men, being the four narrest countreis about this colledge, had, be virtue of the foundatioun, voice and place of eiectioun of ane principali, sede vacante, be deceass or deprivatioun. Well, thay convene altogidder, Patrik Rankyne, seruitour to the said Mr. James Baird, is this court clerk. Thay go forduard, quhair this Doctor Goold is electit and chosin principali of this vniuersitie, ad vitam aut culpam, and the vther rejectit. a Bot what warrand 1 At the Kingis Colledge of Old Abir- dein, the auchteint day off August, 1640 zeeris : The quhilk clay Doctor Wm. Guild, rector of the wniversitie of the said colledge, and minister of the brughe of Abirdein, Mr. James Sandilandis, civilist, Mr. Robert Ogil vie, subprincipall, Mr. Johne Lundy, humanist, Mr. Alex. Middiltoune and Mr. Alex. Gardyne, now regentis of the said colledge and memberis theroff, being all personallie present, conveined within the said col- ledge, and considdering that the princi- pali of the said universitie hes waiked the space of auchteine monethis last by- gaine, be the deprivatioune of Dr. Wm. Leslie, last principali, and no man pre- sentit therto, and that it is now only in- cumbent to them to provyd ane sufficient learned and qualified man for exerceising of that place : Therfoir, conforme to the fundatioune of the said wniversitie, pub- lictlie red lawis and practique of this realme, and to ane edict laufullie pub- lished, warneing all pairties and persones havand entres, to compeir this day and ANNO 1640. 319 these who compeirit for the four noble men, procuratorie or vther- uaies, thay had to mak this electioun I know not ; bot order appeir- andlie wes givin fra the Tables to this effect. Now Doctor Goold, who first subscrivit the covenant with limitatioun, as ye may sie, folio , now subscrives the covenant without limitatioun, prayis for the good success of the army, who wreit aganes raising of armes. Sie befoir, folio . Heirefter, Doctor Leslie randerit the haill keyis of the colledge, librarie, and all quhilk he had, to Doctor Goold, quhairwith he schortlie possessit him self. Doctor Leslie wes tollerat to keip ane chalmer within the college to him self, quhairin to ly and to studdie ; bot bocht his meit throw the Oldtoun quhair he pleasit, with gryt modestie, resolving with patiens to abyd Godis good will without mvrmuratioun or appeirans of miscontent, quhair or in what soeuer societie he hapnit to be. Mr. Patrik Gordoun wes brocht out of the laird of Haddochis place, being seruand to him, and chosin regent in the deposit Mr. Alex r Scrogie younger his place ; and so this meiting dissoluit. Sie more of Doctor Goold heirefter, folio 258. place, to give thair woices and consentis, and also to heir and sie the foirsaid place sufficientlie provydit, and ane sufficient learned qualified man chosin, electit, and installit principall of the said universitie. The fornameit rector and memberis, for the moir formall procedour in the said electioune, (eftir incalling wpone the name of God to bliss ther meitting and bussiness in hand, and to direct aright) did nominat, elect, and choos, for procu- ratouris for the natiounes efter specifeit, to wit : Mr. James Sandilandis, com- missar of Aberdeine, procuratour for the natioune of Louthian ; Mr. Wm. Dauid- sone of Carny, procuratour for the natioune of Angus ; Mr. James Baird, advocat befoir the lordis of sessioune, for the natioune of Mar ; and Mr. Patrik Chalmer, shireff clerk of Abirdein, for the natioune of Murray, for woiceing and consenting to the said electioune ; quha being all personallie present, acceptit the said office in and wpone them, and gave their aithes de fideli administratione ; and thairwpone the said rector and memberis askit instrumentis. Thairefter the for- So it wold appcir that this election is maid be tliir four persones. :i> procuratoris for tliir four noblemen, and whiche procuratorie war maisteris laureat within the said college, who onliesuld he send he the nobles as there procura- toris. bot no vther maid maister of any vther college. This electioun cam fra the Tables, as wes thocht. Doctor Leslie randeri« the keyis. except ane chalmer, quhilk be tol- terance he keipit. Mr. Patrik Gordoun maid regent. And so this meiting di>- soluit. nameit memberis of the said wniversitie, and four procuratouris for the natiounes aboue specifeit, all in ane woice, did elect, nominat, and chooss Doctor Win. Guild to be principall of the said univer- sitie and colledge of Abirdein, during all the dayis of his lyftyme, as the most sufficient, learned, and qualified man, for exerceising of that place, with full powar to him to injoy and possess the said place, with all liberties, priviledgis, rentis, casualties, and wyens quhatsumewer, belonging therto, during the space for- said, als frilie, in all respectis, as anv principall of the said wniversitie ewer en- joyed at any tyme heirtofoir, or can by richt enjoy. Lykas, the said memberis of the said universitie, and procuratouris for the nationes aboue mentionat, ordained thir presentis to be insert and registrat in the register, with the recordis of the said wniversitie, therin to remain ad futuram rei memoriam ; and in takin therofi*, they haue subscriuit the same with ther handis, day, zeir, and place foirsaid. (Minute Book of King's Col- lege.) 320 MEMORIALLS OF THE TRUBLES Monro gives ordour to Tuysday, 18th August, maior Monro with sum few company land." caifh°nes S S aud Cr l'ydis fra Banf touardis Morray, (leaving his regiment behind him) strethnaver, for raising f giveing order to thame, Ross, Sutherland, Caithnes, and Strath- 'he 4 man for Dunes. o o 7 3 ' » naver, to raiss the fourt man with 40 dayis loan, to go for Dunss to Many barronis and Generall Leslie, as ye sail schortlie heir. Many barronis and gentilmen met him, and honorit him be the way. He haistellie re- He retumis. brakis and turnit bak agane to the camp, and be the way brak wp the iron yet tpoizeu I i " 1 sh ' 1ro " r ' aml of Inshdrour, (ane place quhair Banf vsit him self most commounlie to keip and duell intill) and forsiblie took it af, syne sold it for fyve merkis to ane country man, quhilk ane hundreth poundis had not maid wp. Thay brak wp durris, wyndois, enterit the haill houssis, defaceit, dang doun, and abusit beddis, burdes, and haill insicht and plenishing, and left nothing within quhilk thay micht carie with thame ; pitifull to behold the pollicie of the ground and kingdome so abusit, but auchtoritie or law from our soueraigne Lord the Kingis Majestie. Generall Leslie is now at Dunss with about 20,000 brave Lesiyencampisatciicshi soldioufis, horss and fut. He incampit at Cheslay wod, hard be- eannon. ah provisioun. syd Dunss. Thay had good pi'ovisioun of all thinges necessar, and had ten cannonis of battrie, fourscoir feild peices, as report past. Edinbrugn, the tonus Edinbruo;he zealouslie furneshit thame 9000 elnis of canvessing and lurneshing. 0 ° hardin to be tentis and pavilionis. Thay deliuerit be thair gryte rh .y i. ;iuer there oath, the siluer wark within all the toun of Edinbrugh, but respect siluer wark. . . « . . or persones, vpone securitie or repayment in cungzeit money accord- ing to the wecht ; quhilk siluer wark wes haistellie cvngzeit in good Brave capitans and money to pay the soldiouris. Thair wes in this army brave capi- tanes and commanderis, of purpoiss send for be the covenanter! s Store of arms, puider, to Geimiany, France, Flanderis, and Holland, and store of armes, puider and ball, daylie furneshit and brocht from Holland ; and thus lyis he still at Chesla wod, in good order, drawin on be the English The caussis of this houss of commouns and vtheris, projectouris of our trubles and comnioun calameteis within that and our owne countrie, still privilie vrging this generall to cum forduard, as the report went, with all diligens. Sie folio 257. The kin? raissis ane The King informit of thir proceidingis, raissis wp also ane army about sixtene thousand foot and four thousand horss, mynding be him self in persone to cum to the feildis ; and be oppin proclama- ANNO 1640. 321 tioun at the haill paroche churches of England, and marcat crossis, prociam declairit this our army to be traittouris; commanding also, and'" strictlie chargeing all Englishmen, his good subiectis, onnawyss to charging an English e> o o ' O J men not to help nor .1 recept, supplie, or support these Scottis, in meit, drink, or vther *'<•» "■• necessareis, wnder the pane of heighe tressoun ; intending also to be at Newcastell, quhair the Kingis magozan lay, befoir Generall Lesly suld cum thair. Bot all for nocht, the King is disappointit. Well, this army, consisting of about 20,000 brave capitanes, cavil- leiris, and soldiouris, by and attour 10,000 bagage men, is now at s« i n hi the lifting ; bot befoir the camp wes raisit, thay set furth ane paper, quhairof the tennour follouis : — The Intenlioims of the army of the kinydvme of Scotland, declairit to then, brctheren of England, by the commissioners of the lait parliament, and by the Generall, nobilmen, barrons, and vther ojiciaris of the army. The best endevouris, and grytest workis quhairin the hand and providence of God haue bene most evident and sensibill, and the hairtis and intentiouns of men callit to be the instrumentis most pious and sinceir, though thay found approbatioun with th< wyser sort, suche as ar givin to observatioun, yit thay haue euer bene subiect to be misconstrued by blynd suspitioun, to be reproved by cavilling censure, whiche inaketh place for it self to enter quhair it fiudeth none, and to be condempned of the ignorant, and of suche as ar at eass, bot most of all the malicious, who can not be pleasit even when God is best pleissit, and quhen men seik to approve thame selffis to euerie ones conscience ; but in thair hairtis wish rather that the temple sould not be built, religioun ncuer reformed, and thay thame selffis covche betuixt the tuo bur- denis, then that thay sould be in there worldlie proiects or possessionis opposit or trublit. The deliuerans of the people of God of old from the Egiptian servitude, the redemptioun of the kirk by the Sone of God, and the planting of Christean re- ligioun by his seruandis, and the vindicatioun of religioun from the Romishe super- stitioun and tyrrany, whiche ar the greatest and most wonderfull warkis of God, haue bene most bitterlie calumniated, and spytefullie spvrned aganes by the wickit. The natur and qualetie of this gryt work, wherein the Lord has honored ws to be agentis, and the experience that we haue found in continuall oppositioun since the begining, may teache ws, if we be not as the horss or mule whiche haue no wnder- standing, that we ar to expect the gane saying of synneris ; and that nothing can be hatched in hell by Sathan, or prompted by his servandis on earth, whiche will not be produceit, to mak ws and the causs of God, whiche we mantayne, odiouss to all men, bot most of all to oure neightbouris and deirest bretheren. When we sail enter into England, it wilbe laid to our charge that we mynd nothing bot invasioun, and that no less hath bene intendit by ws from the begining, then wnder the pretext of seiking 2 S The intentioun.« of the army off Scotland. 322 MEMORIALLS OF THE TRUBLES our religioun and liberties, to enritche our selffis [with] there possessions and goodis. Bot our peceabill careage mony yeiris past, before the tyme of these lait troubles, oure Informatiouns, Deelarationis, and Remonstrances published to the worlde, where- in we haue cursed all nationall invasioun, and our willingnes quhen we war in armes, The Scottis intentiouns. to lay thame doun vpone the smallest assureans of enjoying our religion and liber- teis, wilbe conceaved by the wise and well affected to be more plane and sure evi- dences off our meining, then all that malice can devyss or calumnie can expres aganist ws. Nather haue ony new emergentis alterit, bot rather confermed our former resolutionis ; for altho both befoir and since the lait pacificatioun, we haue bene heighlie iniurit by sum papists, and prelatis, and there adherentis, who haue bein and ar still seiking no les nor that we sould be no more a kirk or a natioun, and therefore thame selffis can not think, bot we must accompt of thame as Godis enemeis and ouris ; yit above all, the fauoris we haue receaved from the good people S and bodie of the kingdome of England, one there is whiche hath heighlie honored thame befoir the worlde, and endeired thame vnto ws more then before, whiche sail never be forgottin by ws, and we hope salbe thankfullie remembrit by our children, Wota and children's children efter ws, to all generatiouns ; that when vpone misinformatioun, the Counsall of England had concludit to vse forss aganist ws, when the parliament of Ireland had offerit there persones and estaitis for supply aganist ws, when all plotis and polliceis were set on wark, and publict deelarationis by authoretie were maid, and the parliament called for this veray end, when we had bene traduceit and proclameit as traittouris and rebellis at euery paroche churche, yit so wise, so grave, so just wes that heighe court of parliament (to there euerlasting honor be it remem- The Scottis intentions, bred) that no threatningis, nor fearis, nor promessis, nor hopes, could move them to decerne a warr, or grant ony subsidie for a warr aganist ws, bot rather by there Nota. speiches, complaintis, and grievances paralell to ours, did justefie the cause whiche we defend. This ritche and recent favour doeth so bynd our hairtis, that were oure power neuer so great, we sould judge our selffis the vnworthiest of all men, and could luke for no less then vengeans from the righteous God, if we sould move hand or foot aganist that natioun, so comfortably to ws represented in that honorabill meiting. In this our thankfull acknouledgement, we desire that the citie of London haue there owne large share, as they well deserve, by the noble prooffis thay haue givin of there constant affectioun to religioun, and x e of Dunglass, the peace of bothe kingdomes, notwithstanding the continuall assaultis of the mis-leidaris of King and court leiving amongst thame, and aluaies sounding the trvmpet of seditioun in there eiris. And if this which doeth so convince ws, sail not be thocht sufficient to satisfie all the good people of England, wee now, be- fore God and the world, mak offer in generall, and will mak offer to so many of them as will requyre it in particular, of the strongest and most inviolabill band of our solempne oath and religious attestatioun of the grite name of God, who is oure fear and oure dread, and from whome we hope for a blessing vpone oure expeditioun, Tin- Scottis intentiouns, that we intend no enmitie or rapein, and sail tak no manis goodis, nor ingage our selffis in blood by fighting, vnles we be forced vnto it, whiche we may luke for from ANNO 1640. 323 papistis, prelatis, and otheris of that affectioun ; bot that any suche thing sail cum from godlie men or good patriotis, who loveth the treuthe of religioun, or the Kingis honor and there owne libertie, both the reull of eharetie, whiche intertaneth no suspi- Nota. tioun, quhair thair is no evill deserving, and the reull of wisdome, whiehe teacheth that both nationis must now stand or fall togidder, do forbid ws to apprehend. All the designe of both kingdomes is, for the treuth of religioun, and for the just Nota. libertie of the subiect ; and all the devyses and doing of the enemy ar for oppressing of bothe, that oure religioun may be turned into superstitioun and atheisme, and our Nota. libertie to bass seruitude and bondage. To bring this to pas, thay haue certanlie conceavit, that the bloking wp of this kingdome by sea and land wold prove a pouer- full and infallibill mein : for either within a veray schort tyme sail we, through want of trade, and spoylling of our goodis, be brocht to suche extreme pouertie and con- fusioun, that we sail miserablie desyre the conditionis whiche we now dispyss and declyne, and be forsit to imbrace thair will for a law, both in kirk and pollicie, whiche wilbe a precedent for the lyk miserie in England, taught be our example to be more wise. Or vpone the other pairt, we sail by this invasioun be constrayned The Scottis intentiouns. furiouslie, and without order, to brak into England, whiche we beleive is there more ernest desire, becaus a more spedie executioun of there designe. For we doubt not bot vpone our cuming, clamour wilbe raisit, postis sent, and proclamationis maid throw the kingdome, to slander our just and pious intentionis, as if this had bene our meining fra the begining to stir wp all the English aganist ws, that, ons being en- terit in blood, thay may with there owne suordis extirpat there owne religioun, lay a present foundatioun with there owne handis for boolding of Rome in the midst of thame, and to be the authoris both of there owne and oure slaverie, to contynew for euer. But in this admirabill opportunitie of vindicatioun of true religioun and just liber- teis, if divyne prouidens be lookit vpone with a reucrend eie, and men feiring God, and loveing the Kingis honour, and peace of both kingdomes, sail walk worthie of there professioun, althogh the enemeis haue obtenit so muche of there desires, as by cordis of there owne twisting to draw ws into England, yit may there mayne de- Nota. signe be disapointed, the rope whiche thay haue maid brocht vpone there owne nekis, and there wisdome turned into foolishnes, whiche we haue ressone to hope for from that suppreame wisdome and pouer, whiche hath in all the proceidingis of this wark, turned there devises vpone there owne pates that plotted thame. In oure Informatiouns, Remonstrances, and the true representatioun of oure proceid- inges since the lait pacifica tioun, we haue so far expressit the wrongis whiche we haue sustaned, and the distressis whiche we suffer, as may mak manifest oure pres- The Scottis intentionis. sing necessitie to tak wp sum vther courss for our present releiff, then suche petitions, supplicatiouns, and commissions, as we haue vsed before, with less success then could haue bene expected of a kingdome from there owne natiue King. Before we stirred so muche as with a petitioun, we endured for many yeires, not only the per- petuall oppositioun of the truthe and pouer of religioun by prelatis and papistis, bot also the violatioun of all our liberteis, and almost the totall subuersioun of our re- 324 MEMORIALLS OF THE TRUBLES ligioun, whiche wes oure comfort in the sight of God, and the glory of this natioun in the sight of other kirkis, who, by the testimony of there divyns, maid our refor- matioun the mesour of there wisses, and wold haue redemit it with there grytest worldlie loissis. When grossis poperie wes notoriouslie obtruded vpone ws, in the buke of cannons and common prayer, without consent or knouledge of the kirk, and the plot of the prelatis and papistis whollie discovered, how to satle it in both natiouns, we added to our former sufferingis no other armes bot praieris and tearis vnto God, and petitiouns to our King, whiche were vtterlie rejected ; the bookis and corruptions (aganist whiche we petitioned) heighlie exalted ; and by the insolent advyss of those who governe now his counsallis, and labour to establish there owne evill acquired greatness, vpone our oppressioun, and the rwines of our religioun and liberteis, we war forbiddin to insist, wnder the pane of heigh tressoun. When we found our selffis The Scottis intentiouus. thus opposed and borne doun, still insisting in our humill desires, we solempnlie re- newit our nationall oath and covenant, for preserving oure religioun and liberteis, and of his Majesteis auchtoretie, knowing the violatioun of that oath to be the guiltines whiche had procured our woes, and that our repentans and turning to God were the meanis (by his blissing) for good success. When, contrarie to our deserving and expectatioun, his Majestie wes moved by wicked counsall to marche touardis ws with ane army, we were veray sone pleissit, and chused rather to neglect suche courses, as micht serve for our humane saiftie, then to fall in seiming disobediens to our King, or to give the smallest detest to our deir bretheren in England ; and therefore disbanded our forces, deliuered all holdis quhilk were craved in testimony of oure obediens, and so far complyed with his Majesteis plesour, that, notwithstand- ing the determinatioun of our lauchfull former assembly, called by his Majestie, we were contented that a new frie assemblie and parliament sould be appointed, where all thingis, both concerning our religioun and liberteis, micht agane be con- siddered and establishit. When materis ecelesiasticall were determinat in the as- sembly, according to the constitutionis of the kirk, in the presens and with the con- sent of his Majesteis commissioner, and the parliament wes convenit for perfecting the wark, althogh we walkit therein so warylie, that no just prouocation wes givin to his Majestie ; yit contrary to the lawis and custome of this kingdome, the parlia- ment so certanlie promesit when his Majestie wes frie of these bad eounsallouris, Tiie Scottis intentiouns. was by there advyss prorogued ; whiche, to show our invincibill obediens, we were content to suffer, and did send wp our commissioners to London, to rander the ressons of our demandis. When our commissioneris and petitionis (of the parliament called by his Majestie) were so far rejected, that thay were neuer sene nor hard, we send wp oure commissioneris agane with our propositionis, whiche contaned nothing bot what wes necessary for the good and peace of the kingdome, and wes grantit vnto ws before, wnder his Majesteis hand, yit could thay fynd no ansuer at all, whiche wilbe wonderit at, and hardlie beleivit by so many as ar strangeris at court, and know not that the bischop of Canterbury and the liuetennand of Ireland, with the Nota. assistans of the too too pouerfull factioun of the papistis, labour to schow there zeall for his Majesteis greatnes, by the oppressing the just liberteis of the subiectis, and ANNO 1640. 325 the reformed religioun, in all the thrie kingdomcs. But in place of the gratious an- suer whiche we expected, oure commissioneris were restraned, and one of the noble men imprissoned ; garisouns of strangeris set over our heidis in ane insolent and barbarous way, exerceising thair crueltie evin aganes wemcn and children ; our schippis and goodis takin and sunk, and the owneris stripped uaikit, and more iu- humanlie vsit at the commaudimcnt of abused aucthoritie by the subiectis of our owne King then by Turkis and infidellis ; and gryte armes prepared aganist ws, with a terribill commissioun to subdew and distroy our selffis, our religioun, liberteis, lawis, and all. In this extremetie, for ws to send new commissioneris or petitionis were aganist The Scottis intentioun senss and experience ; these that governe the Kingis counsallis being far fra any inclinatioun or intentioun to satisfie the iust desires and greivances of the subiectis, as thay haue maid manifest by braking wp of parliamentis in both kingdoms. To sit still in sens-les-nes and stupiditie, waiting for our owne distructioun at the discre- tioun of our mercyles enemeis (whiche were it not at this tyme joyned witli the causs of God, wold move ws the less) is not onlie aganist religion but nature, teach- ing and commanding ws to studdie our owne preservatioun. To indure coutinuall threatningis, and so gryte hostilitie and invasioun fra yeir to yeir, (whiche is the pro- fessit pollicie of our enemeis) is impossibill, and (when we haue examined our strenth) more nor we ar abill to beir. Wee haue therefore, efter muche agitatioun Note, and debaiting with and amongs ourselfis, resolued to haue oure proceidingis, (whiche haue bene canvassed by so many, and brocht to sum poynt of detorminatioun in our owne parliament) to be better knowne to the Kingis Majestie and the world, and especiallie to the kingdome of England, that (aganist all falss and artificiall rela- tionis) thay being naikedly sene to be what thay ar, we may obtane a better groundit and more dureable peace, for enjoying of our religioun and lawis ; and as we desire The .sooths intentionis the vnworthie authoris of our troubles (who haue cum out from our seltfis) to be tryed at home, and justice to be done vpone thame according to our owne laws ; so still we press no farder proces aganist these pernicious counsallouris in England (the authoris of all the misereis of both kingdomcs) then what there owne parliament sail decerne to be there iust deserving. When we look bak vpone this wark of reformatioun from the begining, and per- ceave the impressionis of the wark of God in it, we ar fbrsit, in the middis of all our dificulteis and distressis, to bliss God for his fatherlie care and frie love to this kirk and kingdome, and to tak courage and spirit to proceid in patiens and perseverans, whidder he sail go befoir ws and leid ws on. When the prelattis wer growing by there rentis and lordlie digneteis, by there pouer over all sortis of his Majesteis sub- iectis, ministeris and otheris, by there places in parliament, counsall, college of justice, exchequer, and heighe commissioun, to ane absolut dominioun and greatnes ; and setting thair one foot on the kirk and the other on the state, war becum intol- lerablie insolent, evin then did the wark begin, and this wes the Lordis oppertunitie. The beginingis war small and promesit no gryte thing, bot haue bene so seconded and continuallie followed by divyne provydenss, pressing ws from step to step, that 32G MEMORIALLS OF THE TRUBLES The Scottis intentiouns. Nota. The trot of Turref. The Brig of Die, &e. Nota. Arraes raisit but com- mand of the King, then leiring in peace. The Scot tish intentiouns. Nota. Luik to the fyre of Dun- glass, folio Nota. Who first brak thu peace ? To seik peace with amies at the haudis of ane heredaterie King. But what if peace war refuisit, quhat then suld be lookit for ? The Scottis intentiouns. Nota. Necessitie — a law aboue the King. the necessitie wes invincibill and could not be resistit. It cannot be exprest what rnotionis filled the hairtis, what tearis were poured furth from the eyes, and what cryis cam fra the mouthis of mony thousandis in this land at that tyme, from the sens of the love and pouer of God, raising them as from the dead, and giveing them hopes (efter so gryte a deluge and vastatioun) to sie a new world, quhairin religion and righteousnes sould duell. "When we were many times at a pavss, and knew not well what to do, the feiris, the fureis, pevischnes, and the plottis also of our de- mentat aduersareis, opned the wayis vnto ws, and taught ws how to proceid ; and what thay devysit to rwine ws, servit most aganes thame selffis, and for raising and promoveing of the wark. Altho that nather counsall nor sessioun, nor any vther judicatorie, hath bein all this tyme sitting, and there haue bene meitingis of many thousandis at suche tynies, yit thay haue bene keipit without tumult or trouble, and without excess or ryot, in better ordour and gryter quietness, then in the most peciable tymes hath bene found in this land. When we war content at the pacifica- tioun to lay doun armes, and with gryte loissis to leive at home in peace, oure wicked enemeis haue bene like the trubled sea when it can not rest, whose wateris cast wp myre and dirt, and will haue ws to do that whiche it seimeth the Lord hath decreed aganes thame. The puritie of our intentionis, far from bass and erthlie re- spectis, the bent inclinatioun of our hairtis in the midst of many dangeris, the fitting of instrumentis (not onlie with a desire and dispositioun, bot with spirit and habiliteis), to overcum oppositioun, and the constant peace of hairt accompanying ws in our wayes, whiche beireth ws out aganis all accusationis and aspersiouns, ar to ws strong groundis of assureans that God hath accepted our wark, and will not leave ws. We know that the Lord may vse evin wicked men in his seruice, and may fill thair saillis with ane fair goall of habiliteis, and carie thame on with a strong hand, whiche sould mak ws to searche oure hairtis the more narrowlie. But as this ocht not to dis- courage his owne faithfull servandis, who out of love to his name, intend his honour, walk in his wayes, fynd his peace comforting thame, his providens directing thame, and his presens blissing thame in there effaires; so it cannot be any just ground of querrelling aganist the work of God. Yit all these oure encouragementis, whiche haue vpholden our hairtis in the middis of many troubles, could not mak our entrie into England warrantable, if our peace, whiche we emestlie seik and follow after, could be found at home or elss quhair. Where it is to be found we must seik efter it ; and no sooner sail we fynd it, bot, by laying doun oure armes, and by evidences of our peceabill dispositioun, we sail mak it manifest to the worlde, and especiallie to the kingdome of England, that we ar seiking nothing elss, and that our taking wp of armes wes not for invasioun, bot for defenss. No man neideth to plead by positive law for necessity. It is writtin in everie manis hairt by nature, and in all nations men haue receaved it, we fynd by practeiss that necessity is a soveraignitie, a law aboue all lawis, is subiect to no law. and thairfoir is said to haue no law ; where necessity commandeth, the lawis of nature and nationis give there consent, and all positiue lawis ar silent and give place. This law hath place sumtymes to excuse, sumtymes to extenuat, and sum- ANNO 1640. 327 tymes to justifie and warrand actionis, vtheruayes questionabill : and no griter who bred the brak of necessitie can be nor the preseruatioun of religioun, whiche is the soull ; of the our peceabie reiigioun, countrie, whiche is the bodie ; of our lives, who ar the memberis ; and of the honour es & ' S y * W of the King, who is the heid. All these at this tyme ar in commoun haserd, and to preserue and secure all, we know no other way wnder the sone (and if any man be so wyss as to know it, we desire to heir it, and salbe reddie to follow it) but to tak ordour with our commoun enemeis where they may be found, and to seik our as- sureans where it may be givin. The questioun is not whidder we sail content our selffis with our owne povertie, or enritche our selffis in England ; that questioun is impious and absurd. Nather is the questioun whidder we sail defend our selffis at home, or invaid our nichtbouris and deirest bretheren in England ; this also were vnchristcan and vnressonable. But this is the questioun, whidder it be wisdome and pietie to keip our selffis within the borderis till oure throttis be cut, and our reli- gioun, lawis, and countrie to be distroyit ; or sail we bestur our selfis, and seik our saif garde, peace, and libertie in England, whiche we sail do or die ; whither we sail The Scottis intentiouns go and leive, or abyd and perish, and more largelie to expres all, whidder we, who Nota. ar not a few priuat persones, bot a whole kingdome, sail ly wnder the burthen of so We wes the peace- many accusationis, as scarcelie in the worst tymis haue bene intendit acranes Chris- ^ lakels? J ' * o Being at rest in Seot- teans, receave the seruice book, and the whole bodie of poperie, imbrace the prelatis land, we will seik our and there abjured hierarchie, renunce our solempne oath and covenant, so many W1 " '.° h< L P eeea ! )l1 ^ set J ' 1 y now in England be tymes suorne be ws, loiss all our labour in this caus, and forget all former slaverie armes. and wonted desires of redemptioun at the deirest rate, tikkill the myndis of our Nota. enemeis with joy, and strenthen there handis with violence, and fill the hairtis of ihe whole kingdome, oure freindis with sorrow, and there faces with schame, becaus of ws, desert and viz , sic as for feir, or dishonour the Sone of God, whose causs we haue wnder takin, whose baner we haue sioun, snbscrivit oure displayit, and whose truthe and powar hath bene this tyme past more comfortable to covenant, wherein wes in! i • • liiii i ii many malcontentis. ws then all that the peace and prosperitie oi the world culd haue rendent, and draw The King dischargit the vpone our selfis all the judgements whiche God hath executed vpone apostatis since seruice book, book o .... ii p i i it i • n i <• * • e cannons, hie commis- the begimng ; or sail we told our handis and wait lor the perfect slaverie ol our S i 0 un, sie folio ; bot selffis and our posteritie, in our soullis, bodeis, and estaitis, and (whiche is all one) tlus culd not do ]t - foolishlie to stand to our defenss where we know it is impossibill ; or sail we seik our Nota. releif in following the calling off God, (for our necessitie can be interpreit to be no ^ pitifull regrait by the less) and entering by the durr whiche his providens hath opned vnto ws when all mlsdoer >s thame selfis. wayis ar stopped besydis. Oure enemeis at first did schrowd thame selfis so far with the Kingis auchtoretie, The Scottis intention is that thay behoved to stand and fall togidder, and that to censure thame wes tressoun aganist the King. But wee haue schowne that the Kingis croun is not tyed to a Luke to the Kingis prelatis myter, and that the one may be cast to the ground and the vther haue ane c J"" n " ow j u , s ? tl J an ' 1, 1 Ingland, and Ireland ; gryter luster and glorie then befoir. Now thay tak thame selffis to ane vther start- pitifull to sie, folio ing hoill, and wold haue men think, that to cum into England and to persew thame, althogh legallie, it is to invaid the kingdome quhair thay leive ; as if the cutting away of ane excressens, or the cureing of ane impostum, war the killing of the body. Let thame secure thame selffis wnder the schelter of there owne fantaseis : but we ar Nota. 328 MEMORIALLS OF THE TRUBLES Thay will nut invaid n °t 80 vn-decerning, as lyk mad men, to run furiouslie vpone suche as thay first meit England, hot the papistis i/nth, and cum in there way. For althogh it can not be denyit bot the wrong is and prelatis, and Ttheria »»'».•» j.i -i ■ i 1 • n. ■ there enemeis. done to ws ; as the braking ot the lait peace, crying ws doun as rebellis and trait- The Seottis intentiouns. touris, the taking of our schippis and goodis, the imprissoning of our commissioncris, the actis of hostilitie done by the English in our castles, had thay bene done by the Nota. state or kingdome of England, thay might haue just caussis of nationall querrelling ; Thay war sure of the yit since the kingdome of England, convenit in parliament, haue refusit to contri- lower houss fra the be- bute any supplie aganist ws, haue schowne thame selfis to be pressed with greiv- heirefter weill proves, ances lyk vnto oures, haue ernestlie pleaded for our distressis and remedie, and a Sie the ressons why declaratioun maid, that his Maiestie out of parliament will redress thame, whiclie London also wes thairis. . . , . . , ; Sie now the plot betuixt might be a cure for the greivances of particular subiectis, but nationall greivances thame and [ngland. requyre the hand of the parliament for there cure ; for preventing quhairof, the par- liament wes brokin wp and dissolued. Nether do we querrell with the kingdome Nota. for the iniureis whiche we sustane, nor can thay querrell with ws for taking ordour There taking ordour with that prevalent factioun of papistis and prelatis, the authoris of so many wois to of England * prelstis both nationis. Let all who love religioun and there liberty joyne aganist the com- The English bakis ar moun enemeis, and let thame be accursed who sail not seik the preseruatioun of there Sieclelrlie the comb nit m ghtfiour natioun, both in religioun and lawis, as there owne, as knowing the ruine plot. of one will prove the rwin of bothe. And as we attest the God of hevin and erthe, that those and no other ar our in- Tbere resolution pie- tentiouns ; so vpone the sanien grytest attestatioun doe we declare, that for atcheiv- >nnt to the English j n g those endis, we sail nather spare our panes, fortouns, nor lyves, whiche we know The bischoprik of Dur- can not be more profitable nor honorablie spent. That we sail not tak from our ham, and the Kings freindis and bretheren (from a thrcid to a schoe latchet) bot for our owne moneyis, magozan at Newcastell , . , ., * ■ * ■ v .n .1 nottouchit. Siefolio 253. and the just payment, that we cum amongis thame as there rrcindis and bretheren, veray sensibill of there bipast sufferingis and present dangeris, both in religioun and liberteis, and most willing to do thame all the good we can. Lyke as we certanlie The Seottis intentiouns. expect, that thay, from the lyk sens of our hard conditioun and intolerabill distressis, whiche hath forced ws to cum fra oure countric, will joyne and concur with ws in the most just and nobill wayes for obteining our just desires. And when oure owne meinis and moyan ar spent, we sail crave nothing bot vpone sufficient securitie of repayment, how sone possiblie it can be maid, what is necessarie for the intertynne- ment of our army, whiche we ar assured so many as love religioun, and the peace of Mark, the brotherlie as- bothe kingdomes, will willinglie offer as that whiche thay know we can not want, sistans foho . wes nlK ] m thair wise foirsicht will provyde the way to furneishe necessares, and to re- not givin for noeht. . . 1 ■ • 1 ceave the suirtie. lhis courss being keipit be both sides, will nather harme our bretheren (for thay salbe satisfeit to the least farthing) nor our selfis, who luke for a recompens from the ritche providence of God, for whose saik we haue hasertit the loiss of all thingis. The escaipis of sum soldiouris (if any sail happin) we trust sail not be imputed vnto ws, who sail labour by all meinis to prevent them more cair- fullie, and to pvnish thame more seveirlie then if done to our selffis, and in our owne countrie. Oure professed enemeis the papistis and prelatis, with there adherentis, a brave conceptions and the recepteris of there goodis and geir, we conceave wilbe more provident then to ANNO 1640 320 refuse ws necessarie sustentatioun, when thay remember what counsall wes givin by thame, for declairing all our possessions to be foirfaltit, and to be disposed of to The Scottis intentiouns. thame, as well deserving subiectis. We sail demand nothing of the Kingis Majes- N °t!>>»F eravit, hot gif , . i . - •.. . mi . • i thame there will accord. tie, bot the satling and secureing of the true religioun and Iiberteis ot this kingdome j ng to there owneactis. according to the constitutiouns and actis of the lait assemblie and parliament, and what a just prince oweth by the lawis of God and the countrie, to his greived sub- iectis, cuming befoir him with there humill desires and supplicationis. Our abode in England salbe for no longer j carabins, to ane monar- movit to do evin so vnto ws, that the blissing of God may rest vpone both. Finis, chicaii Kinp. This paper, and the Scottish intentiouns, hoth wanted daitis, yet This vw »»e , . .. . vthir, wanting daitis. wes divulgat befoir the raising or our army, as wold appeir, throw England and Scotland. Aluaies, vpone Tuysday the 18th of August or thairby, Generall Generall Lesly raisis his Leslie raisit his army fra Cheslawod beside Dunss, sie befoir, folio J,mj "' nd P assisTweid - 229, and passed oure Tueid that day, ane prettie river, sie more, folio 245. Thuirsday, 20th August, ane committe holdin at Abirdein be Ane committee holdin at collonell Alexander, maister of Forbes, the Lord Fraser, the lairdis actis^aTmaid ha " smdne of Monymvsk and Tollie, Forbes of Balnagask, and sum vtheris ; quhair sindrie actis wes maid and publishit, quhilk coppeit is thus : — It is appointit be the committe that all the heritouris within the schirefdome of Ilk heritour send in Abirdene, of the maister of Forbes divisioun, send in thrie men weill armed and t ,^ rie , arn ) ed m>;n - " itl1 ... 40 dayis loan, to the furnished with 40 dayis loan, according to the commoun ordour, and conforme to Maister of Forbess. there stentis ; all there randivouss to be at Abirdene befoir the 29th of August in- There randevouss stant, and incace of failzie, euerie heritour to pay for ilk man that he sail happin not The tailzie. to deliuer well armed and furnished at the said day, as said is, the number of fyve rex dolleris to the said maister of Forbes, and that by and attour the presenting and furneshing of thrie men, as said is. Farder, it is apointit at the said committe that That the heretouris all and whatsumeuer heritouris within the schirefdome of Abirdein convene thame " ltmn the schlreo < Ablr - dein perfyt there valua- selffis within there seuerall presbitreis, vpone Wednisday 26th of this instant, for Hons, perfyting of there valuationis, and being perfytit, that the samen be send on Thuirs- day nixt to the committe to be holdin in the said maister of Forbes hous at Abir- dein ; and that everie kirk sessioun chuse ane sufficient commissioner, to ansuer and That ilk sessioun haue obey suche order as thay sail receave fra the commissioneris of presbitreis. And, ane commissioner. 332 MEMORIALLS OF THE TRUBLES None to rec-eave aue dis- forder, who hapnit to receave ane disbandit soldiour, that he incontinent send him bandit soidiour. to the committe, wnder the pane of censuring as disaffected to the good causs. Thirredoutm old Abir- Thir, with sindrie vther actis, wes red out efter sermon in the kin paroche churche of Old Abirdein vpone Sonday, 23rd August, quhair Mr. Johne Lundie, maister of the gramer scooll, wes chosin be the parochineris thairof commissioner to attend the presbitrie of Abirdein ; and Mr. Thomas Gordoun at Kethokis-milne chosin be thame commissioner to attend the committe. Ane fast for the good Sonday 23rd August, ane fast keipit in Old Abirdein, according to the directioun of the last generall assemblie, sie folio 221, for the good success of our army, peace and quietnes of the countrie ; quhilk wes also keipit on Thursday thairefter, with abstinens fra all handy craft. Thir tuo fasting dayes wes also vniuersallie keipit throw all the paroche churches within Scotland, oapitan Johne Forbes, About this tyme, capitane Johne Forbes, alias Kaird, removit his ■oldLurifto™Ab!r S - soldiouris out of Old Abirdein, sie folio , to New Abirdein, quhair dei "- thay war quarterit. Thay remanit in Old Abirdein fra the 25th of July to the 21st of August, without gryte burdein to the citinaris, except there bed roumes, as ye may sie, folio 219 ; sie also heirefter, folio . Our schipis and goodis Oure marchand Scottis schippis and goodis daylie takin be the skalth. b0t gat ltt Kingis schippis, cuming or going, and had to Bervick, Newcastell, or Holy Hand ; thair goodis liverit, inuentar takin of thame, and all put wp in suirtie, doubtles for our weill, be advyss of their English freindis, lest thay micht haue bene prayit vpone as traittouris goodis. Bot the schippis wes still keipit fra the sea, to our gryte greif, be directioun of the King, bot wes all restoirit bak agane, as ye may sie heirefter, folio . Thecasteii of Edinbiugh About this tyme, the castell of Edinbrugh, scarce of freshe meitis, skarss of vivens. schot mvskatis at the tounes people and folkis scheiring there har- vest, quhair sum wes slayn, and schot sum cannon at the toun ; bot thay feirit not, nor wold suffer any prouisioun to be had to the castell. At last it wes givin ower, as ye may sie, folio 250. . . Vpone Frydday 4th September, efter Monrois soldiouris had Monro eausis burne wp r J J F *~ the huttis ; removis fra brynt wp thair huttis at Banf, spolzeit and plunderit horss, man, Banf, efter he had vsit J 5. . , . . aii crueitie. and goodis, and takin the haul insicht and plenishing caneagabill ANNO 1640. 333 out of the place of Banf, bookis, wreittis, and sic as thay culd get ; and efter thay had takin doun the rooff and sklait af of the haill houss, broken doun the gestis, brak the iron windois, and careit [off] the iron wark, brak doun fixt wark and sylringis, leaving nather yet, dur, nor wyndo, lok, nor vther thing about this houss ; pitifull to behold planting of orcherdis and yeardis distroyit, and all brocht to confusioun, his ground, men tennentis, servandis, freindis and followeris plunderit, (for the laird of Banffis causs) and grevouslie oppressit in thair persones, goodis, and geir. Efter thir deidis wes done, and no evill left vndone that crueltie could devyss, (except in this, thay spolzeit the places of Forglyne, Inschdrour, and Rattie, thrie vther houssis pertening to the laird of Banff, of girnellis, goodis, insicht and plenishing quhilk thay could get, bot left the houssis on tirrit or demolishit as the place of Banff wes) then I say, and thairefter, Monro liftit his camp fra Banf, and send He send in to AMrdeue in to New Abirdein befoir him the bischop of Morray ; his tuo sones 0 f Morray. 6 ' ' went with him, maisteris Johne and Androw Guthreis, with Mon- rois convoy, quhair he stayit, abyding his incuming. Sie more, folio . Thay, Monro and his soldiouris, (now amounting to 1000 men, maid wp be the help of the Erll of Seafort, and Morray, Ross, and Sutherland) merchit that nicht to Turref. Setterday, thay He marchis to Turret, marchit thairfra to Innervrie and Kintor. Sonday, thay marchit Kfator'sonday^to ami- thairfra to Abirdein ; and be the way, at Bukis-burne thay had ane T e h '"y had ane preiching sermon taucht be there owne minister. Monro directit his soldiouris be ,he wa ?' to be quarterit in the toun quhair thay war quarterit befoir. The He is quartern, to the tounes people cryis out there roumes wes takin wp be collonell Bry gmt ° ' e '° une ' maister of Forbes, his soldiouris alreddy. Monro ansuerit, he had send woi'd befoir his cuming to provyde for him, and therefore he wold be servit. No remeid ; it behovit to be done, and so wes quar- terit, to the gryt greif of the honest tounes people, quhair he stayit quhill the 12th of September, as ye may sie, folio . Sonday 6th September, no preiching in Old Abirdein ; bot pray- Parochin of Sanct aris. Efter prayer, Johne Kilgour stood wp, chargeing the heri- "^chargit t^'piA'!^ touris of Sanct Macher and Old Abirdein to go over the morne to there r^& *™m™ e men, who did litle good. Aluaies, forduard gois Leslie without :| s anist Lts,v gryte truble, being a matter plottit betuixt the English and thame, as may appeir, whose progress had the success following, takin fra ane printed peice in thir wordis : — Sure newis from Ncwcastell, and from the Scottish Army, 21th August, 1640. Vpone Thuirsday 27th August, at night, oure army arrivit within a myll of tik- army within a myll Newcastell, and expecting to haue past therethrow were disapointed, inrespect of of Newcasil < • the English garrisoun that wes therein ; whiche Generall Leslie perceaveing, vpone Frydday morning betymes, marches forduardis to Newburne-foord, and resolued to General! Leslie gois pas there in spight of all oppositioun ; where being advanced, and finding the pas forduard. fortefeit with strong trinchcs and breist workis, and six peice of cannon, did fynd it sum what hard, being gairdit with 3000 horsis or thereby, and 1200 fut ; therefore wyslie he commandit his cannon to be secreitlie convoyit alonges a low way, to be placed vpone the face of a hill neir to that place, whence haueing a perfyt view of the English trenches and quarteris, did play so hard vpone them, that thay were forced to throw away there armes, disband in confusioun, and blow wp there owne pulder. Whiche disrout the cavalrie of the English perceaveing, resolued to mak xhe English disrout. good the pass, and recover the cannon and armes whiche the infantry had lost. Tha y resolue to mak Whiche thing our Generall perceaveing, commandit furth his owne collonell Leslie e °° d the paSS ' with the Fyf troupes, seconded by collonell Ramsay, togidder with that of Schir Thomas Hopes, his owne life gaird, of the college of justice, amounting in all to 1500, who did so resolutlie assault thame that thay were forsit to reteir, notwith- Thay ar assaulted, and standing of there number being about 2500, and qualitie of there horss and armes forced to reteir. far beyond oures or commoun beleif. After whiche retreat, thay resolued yit once Agane thay go on. and agane to haue recoverd what there foot had lost. Bot our troups doubling there takls the retreat resolutioun and courage, did mak good, not onlie there first attempt, bot also put Schir Johne Suckling bak with his horss troups, being the prime of all England (whiche ar oppositis) to the retreat, took sum of his horssis, whereof one (being most Sum horssis taki n excelent) wes presentit to our Generall be Mr. Thomas Hope, capitane of the lyf presentit t0 the 6ene ' guard ; the rest were left to the takeris, to encourage everie brave gentilman to ad- a The 8th day of September, gevin to form to the particular count, £65 12 4 the bankett to Generall maior Monro and (Guildry Accounts), his captanes, in the counsall huse, con- 336 MEMORIALLS OF THE T RUBLES the entress to Newcas tell ventour. There were lost in this conflict, (whiche lasted from Frydday at 12 a clok SO English killed, and till 6 at nicht) ahout 80 English, and 40 or thereby taken, thrie quhairof being speciallis, the commissare generall, Schir Johne Digbie, and diuerss otheris. Of :? lost on our syde. oures onlie there were 3 lost, Schir Patrik M'Geis eldest sone, Thomas Dalyng, a writtar in Edinbrughe, and one Baxter in Fyf, and sum otheris hurt, hot not deidlie. The Generall paf strong strenth of Dumbartan is takin in, but schot of mvskat or hr^n!' 8 "' """ straik of suord, to the marvell of many who knew not the secreitis of thir proceidinges. Aluaies, thair is found in Newcastell the General! Lcsly lichtis Kingis magosun, apointit for susteining of the Kingis owne garisoun Km *"' ma8 ° to keip the toun, whairin thair wes found aboundance of breid, wyne, beir, beiff, victuallis, and all sort of good provision ; where- vpone the Generall Leslie and his army maid good cheir during thair abode. Dumbartan wes thocht to be gevin ouer for famein, for the King wes so slichtit, that he wes not abill to furnesh this impregnabill strenth with victuallis, quhilk if he had done, it wes invincibill ; bot now randerit, the samen is presentlie furneshit with men, meit, and all necessar provisioun, to stand at the countries (bot not at the Kingis) opinioun. Newcastell thus takin in, the Generall caussis quarter his army Frie quarteris. aiidui-- pairtlie within the toune, pairtlie at Morpit and diuerss vther pairtis besydis Newoasteii, round about, within 12 myllis distant to the camp; quhair, to there ^bAm! army, incredibill joy, they leivit bothe on brughe and land at thair plesour* and thay arjoyfuii. ay and so lang as thay remanit in that boundis. Sie more, folio 253. Bot this mirth wes suddantlie mixt with melancholie ; for vpone Sonday 30th August, the Erll of Haddingtoun, with about The ehi of Hadding- 80 persones, of knichtis, barronis, and gentilmen, within the place biawiiTwp in theair.* of Dunglass in the Merss, pertening heritablie to the Lord Hume, wes suddantlie blawin wp in the air by ane suddant fyr, occasioned The occasioun of tins thus : Haddingtoun with his freindis and followeris, about the fyre ' number forsaid, rejoiceing how thay defendit the armyes magosin fra the English issuing out of Bervick, as ye hard befoir, folio , cam altogidder to Dunglass, haueing no feir of evill ; quhair thay were all suddantlie blawin wp with the roof of the hous in the air, by pulder, quhairof there wes aboundance in this place, and neuer bone nor lyre sein of thame agane, nor never tryell yit gottin whow this gryte staitlie hous wes with poulder so miraculouslie blawin wp, to the distructioun of this noble man, both worthie and valarous, and his deir freindis. This grevous accident wes bewaillit of many, This grevouss accident bot cheifle of his deir sueit ladie and spous, Ladie Jeane Gordoun, p^iiy of hulla?* who loist hir husband, as scho did hir brothir the Lord Oboyne, sie folio 7, both efter ane maner of death, and both by suddant fyre. 2 u 338 MF, MORI ALLS OF THE TRURLKS The Kingis ansuer, and It is said, when the King hard of this fyre, he ansuerit, he loist ane good subiect, hot the Lord God of Hostis wes fighting for him. Sie more of Generall Lesleis procedur heirefter, folio oapitane Forbes, alias Tuysday 8th September, capitane Forbes, alias Kaird, cam fra AbtddtT^th 'about so Bartholomew fair to Old Abirdein with about 80 soldiouris, collectit soldioris of poor miserable creaturis, both hird and hyre men, wnder collonell Thay ar quarterit. maister of Forbes regiment. Thay war quarterit heir in Old Abir- Him self ana his wyf dein. Himself with his wyf takis in Mr. Thomas Lilleis houss, Lilleis houss, who vexis where nicht and day, by his drinking, bosting, and bratlying, Mr. Thomas with his wyf and barnes wes sore vext. The Oldtoun people wes compellit to give thame frie quarteris, or to abyde plun- dering of this cappit capitane ; and so thay sustenit his soldiouris quhill the 14th of September frielie, but ony payment. Therefter Thay ar transportit to thay war transpoi'tit to New Abirdein. Sie folios 249, 250. The fubscrivit roi'Us of Tuysday forsaid, ilk minister within the schirefdome of Abirdein j£' s t . s t chirefdome pre ' cam with the commissioner of his parochin to the toune ; and thair, in presens of Patrik Leslie prouest, Mr. Thomas Sandilandis, com- missare younger, and sum otheris, presentit the subscrivit rollis of the tenthis givin wp be the oath of ilk subscriver, as thay who had commissioun to receave and sie the vpgiveing of the saidis rollis ; commissareFarquhar bot commissare Farquhar took wp the payment. Ilk minister also Air 5 roUof the men in gave wp ane roll of the haill maill commvnicantis within his paro- iik parochm givin wp . chin> quhairby it micht be wn derstand how many fighting men micht be levied out of ilk parochin to the good causs. \ionro chargis New Wednisday 9th September, major Monro, now maid burges of AWrdein to f urneiss his Abirdein, as ye may sie, folio 245, and more then ane gild brother, soldiouris with clothing, * J J 7 o ? sarkis, and schois ; commandis strictlie the tounschip to furneish his soldiouris with quhilk wis done. clothing, sarkis, and schois, quhilk wes obedientlie done ; nixt, to to furnish him io.ooo furnesli presentlie to him ten thousand merkis for convoying his mentbak'fra'FarqVhari soldiouris south, and to receave repayment bak fra the commissare quhilk he and Cochrum F avqu har out of the tenthis within the schirefdome of Abirdein, oblegit tliem to do; ^ ' quhilk wes obeyit. quhilk he and "Walter Cochrum becam bound to do ; quhilk thair- vpone wes providit be stenting of the toune, and quhairof I hope thay gat bak payment agane fra the commissare and his deput And to furneish carcage Cochrum ; and 3, the toune to furnesh careage horss for transport - iiiuf seif cam to the big of his cannon, bag and baggage, to Stanehyve. And surelie oidtoun, and tuke all j j lf t ^ Oldtoun, tuke the haiil horss thair, and the horssis thair. ANNO 1640. 339 vtlier horssis going bak witli tome creillis fra the tonne, who were transporting peitis. Monro haueing gottin his haill demandis, lie Monro getis ail iu« leaves behind him in the brughe sum bandis of collonell maister of hinTliim^um of* the" Forbes, quarterit within the toun, sumtymes fine, sumtymes for ? a ^ er of Portes payment of litle ; so that Abirdein wes still holdin wnder the yok of slaverie and servitude. And thus, on Setterday 12th September, he began to marche fra Abirdein vpone frie quarteris, quhilk he deulie repayit, as ye may sie, folio . He takis the thrie Spang- ne begins i., marche, zeardis with him, and his owne men out of Drum, (quhilk Marschall Spangzeardis and his causit schortlie agane to man with his men, whome with the ladie wTth^im^quhiikMa" wes not so weill contentit as befoir, quhairvpone scho left Drum shall schortlie manit ; ' 1 r bot the Ladle lett the and duelt in Cromar whill scho saw about hir, thay still leiving houss. Thir thrie spang - . , . ill t • i zeardis was had to Leitli , vpone the lairdis rentis) sie more, folio , had thame to Leitn, quhair thair vther fyve n |i n ■ i i i • ijij n fellowis wes also takin. quhair there vther ryve tellowis wes also takin ; bot what cam or Eot Monro marcins the thame I can not tell. Now Monro marchis the first nicht to Stane- f rst "'"^ t0 JTl~, nevin.and sendis bak to hyve, quhair he sendis bak the toune, Oldtoun and Newtoun, and Abirdein there careage the countrie thair careage horssis, and furneshis out of the Mernis vther careage horssis, and sua furth whill he cam to Dundie, quhair He cums toDundie, and he also commandit thame to give him ten thousand merkis, quhilk ^Edinbrughrms'rei" for feir of his residence thay war forsit to pay ; and so past to Edin- vvas 1000 men brughe, where his regiment wes now 1000 men good of infanterie, with sum horss men. He brocht also with him the bischop of lie brocht the bischop Morray wp the streites, and presentit him to the estaitis, wha in- the^treUir'of Edin- Wp continent causit waird him in the tolbuith of Edinbrughe, quhair he b, ' u g h and p; t ' s e i i tit him O 1 to the estaitis, who was remanit with a havie hart, quhill ye may sie, folio ; sie also . wairdit. His wyf all this tyme remanit in Spynny, and neuer went to sie hir husband in waird or out of waird. Mononday 14th September, capitane Kaird with his 80 soldiei 'IS Captane Kaird wes trans- wes transportit fra Old Abirdein to New Abirdein, quhair thay had \'™ s soidiouris. Said ' ' frie quarteris, and the Oldtoun wes releivit of this havie burden. Tuysday 15th September, pairteis direct out be collonell maister Collonell maister of of Forbes, to go within his divisioun and plunder sic as had not pavit thair tenthis and thair fourt man : quhairby the country people ' entnis iIoue behismen, 1 J * » ^11 l,un self being in Edm- Avithin this schirefdome wes daylie grevously vext with thir pairteis trugh. of souldieris, and forsit to obey, vtheruayes thay wold sit doun in honest menis houssis and leive vpone there meinis in ryot, whidder thay wold or not, the collonell him self being south, bot done be his omciaris. Sie befoir, folio 227, and heirefter, folio 255. 340 MKMORIALLS OF THE '['RUBLES Generall Ruthven, capitan of the castell of Edinbrughe, seing no appeirans of help fra the King, as wes often promesit, and finding victuallis grow scant, haueing nather wyn, beir, nor aill, that could endure, resoluit to strik and parle be drum. The Erll of Argyll cam wp to the castle vpone touk of the drum, who told him Dun- breton wes givin over be crouner Hendersone, capitane thairof. He could hardlie beleive the same, quhill he saw the capitane, who General] Ruthven ran- wes his awin goodbrother. At last, efter good advysment, he ran- brugh vpon S good res- 1 " derit the castle, vpone conditionis that he and his soldioris sould HirTseif with his S° ou ^ honorablie, careing collouris, cokkit luntis, birning matches, Boidioris went out touk of drum, with bag and baggage, and to march e fra the castell honorablie, as wes eon- 00 0 discendit. doun throw the toun in good ordour and array. With sum difficul- teis thir conditiouns wes grantit, efter sum skaith doun to the toune vpone Argyllis first refusall. Aluaies, the castell is now randerit, tik- Royaii omamentis quhairin the royall ornamentis of the croun, viz., croun, suord, and aboundanee^fammvni- sce pter wes surelie keipit, besydes aboundance of ammvnitioun, tioun, puider, and baii ; n u lder, ball, and vther commoditeis (hot veray litle meit, drink, or hot scant of meit, drink, , . and water. water) quhilk be command of the estaites wes all put in inuentar. Ruthuen enmis furth Heirefter Ruthven cuniis furth with about 70 soldieris and 32 wemen. Thay cam doun the streit according to commvning, with tua pot peices also. There war 12 persones Thair wes about 8 XX persones deit throw ane seiknes quhilk ^kn; ss and8 " deitof cums b y eitin S of salt meites, and 12 thairof onlie slane all this Nynesooir siayn to the tyme ; and about nynescoir personis, men, wemen, barnes, young and old, of commoun people slayne to the toun, and gryt skaith done to thair houssis by schot of cannon fra the castle. Thair wes i. was convoyii to SU m of the covenanting nobles convoyit crouner Ruthven doun the get with his soldiouris doun to Leith, quhair he, and sic of his men n< imbarkis, and gois that wold follow him, imbarkit and saillit directlie to Bervick, syne went to his Majestie. Thairefter, ane touns man of Edinbrughe, Stephan lioyii is ma i,i called Stevin Boyd, wes maid capitane of this castell, who enterit with sum soldiouris to keip the samen. And about this tyme, the Sea rla ner ok randerit. strong castell of Carlaverok yeildit also and randerit to the cove- nanteris. The castell of Edinbrugh wes randerit vpone the 15th of September. wiiiiame Seottis houss Vpone Wednisday 19th September, Androw Hamptoun, seruitour ™am^am1'df ,S to the Erl1 Marschall, and at his command, violentlie spolzeit absent Wiiiiame Seottis hous in Abirdein (him self being fled fra the good with about 70 soldioris and 32 wemen. ANNO 1640. causs out of Scotland) of daillis, gestis, and vther fyn tymber, salt, tabacco, and the like commoditeis, quhairof there wes plentie, and by sea transportit the sam to Dunnotter, to the wrak of the honest man. Frydday 21st September, Mr. Williame Mvschat, minister at Mr. wmiame Mvschat. Slaynes, with diuerss vtheris outstanding ministeris, thair day tens'rep^ntlt, mid re- about, cam in, recantit, repentit, and preichit ane penetentiall ser- c '" t ' t mon : and Leitche preichit the forsaid day, and gave obediens to the ordinans of the kirk. About this sametyme, both Abirdeins commandit wnder pane of Both AWrdeins cbargh plundering, to leid peites to collonell maister of Forbes, fra Pei 'Vyn- maister of Forbes lodg- neis to his lodging in New Abirdein, without payment; grevous to ing ' the people, now in top of harvest. Word also cam about this tyme, that his Majestie wes fast cum- His Majestie is said to „ , . . . . . , ,. . . be coming to York, bot ing torduard with ane gryte army, his traynit bandis and sindne isstayit. nobles, touardis York. Bot he most pollitiquelie is stayit step and step be our Scottis and English, as may heirefter appeir. And first to begin the play, Generall Leslie be advyss supplicatis his Majestie, and send 7 articles to him of the contentis following : — The just Demandis of the estaitis of Scotland ar these : — 1. That his Majestie wold be graciouslie pleasit to command that the last aetis of parliament be publishit in his Majesteis name, as there Soveraigne Lord, with consent of the estaites convenit by his Majesteis auchtoritie. 2. That the castles of Edinbrugh, and other strenthis of the kingdome, may, it apeiiis that Lesly hes according to there first institutioun, be furnished and vsit for defens and not e ut,in word, quheu .... .... , the castell of Edinbrugh secuntie ot the said kingdome. wasranderit. M. That Scottis men in his Majesteis dominionis of Ingland and Ireland may be fred from censure for subscriveing of the covenant, and be no more pressed with oathis and subscriptionis vn-warranted by the lawis, and con- trary to there nationall oathe and covenant approvin by his Majestie. 4. That the commoun incindiaries that hath bene the authoris of this com- bustioun in his Majesteis dominiouns may receave there just censur and pvnishment. 5. That Scottis sehippis and goodis with all the damage may be restoirit. (i. That the wrongis, loissis, and charges, whiche all this while the estaitis haue sustenit, may be repairit. 7. That the declarationis maid aganist the Scottis as traittoris and rebellis may be recallit. :542 MEMORIALLS OF THE TRUBLES And fynallie, that, by advyss and consent of tho cstaitis of Ingland convenit in Parliament, his Majestie may be pleissit to remove the garrisouns from the borderis, and ony impediment that may stop frie trade ; and with thair advyss, to condiscend to all particularis that may establishe a stable and well grounded peace, for injoying our religioun and liberteis in all tyme cuming, aganist all feir of molestatioun by the continuall attempt's of the adversaries of either, as thay sail tak advantage. Finis. The King. with his army, His Majestie being cum with his army about this tyme to York, receaved the paper abouewrettin, and causit summound the peeris of England to compeir at York for resolveing vpone thir materis. Thay gave obedience and compeirit, except the Erll of Essex and the Erll of Hairtfurde, who by there commissioneris send in word to the King that thay durst not compeir at York vpone his citatioun for feir of there lives ; becaus his army wes lying at York wnder the commandiment of noble men papistis, there vndoubtit enemeis. At this his Majestie took offens, as ye sail schortlie heir. Bot befoir his Majestie causit summound the peeris, as is formerly said, there wes presentit to his Majestie at York ane vther petitioun, imprinted by his English subiectis, whiche tendeth thus : — The liumill petitioun of your Majesteis loyall subiectis, whose names ar wnder urilten, in behalf of thame selfis and diuerss vtheris. Most gratious Soveraigne, , .... , . ■ The senss of that deutie and seruice whiche we owe to your Maiestie, Aue pL'tltiouu to Iji=» J J 3 Majestie. and our ernest desire and affectioun to the good and weilfair of your realme of Eng- land, hath moveit ws in all humilitie to beseech your sacrad Majestie to give ws leive to offer to your princelie wisdome the aprehensioun whiche we and otheris, your faithfull subiectis, haue conceaved of the gryte distemperis and dangeris now threatned to churche and state, and to your royall persone, and of the fittest meinis whairby thay may be removit and prevented. The evillis and dangeris, whairof your Majestie may be pleissit to tak notice, ar these : — 1. That your sacrad Majestie is exposed to haserd and danger in the present expeditioun aganis the Scottiss army. U. By occasioun of this warr, your revenewis are most wasted, your subiectis burdenit with coat and conduct money, billetting of soldiouris and vther militarie charges, and diuerss ryotis and disorderis committed in seuerall jiairtis of this your realme by the soldiouris raised for that service, and your ' whole kingdome becum full of feires and discontentis, yea, sindrie innova- tionis ar in materis of religioun ; the great incress of popery, and (he im ANNO 1640. ploying of popish recusantis, and otheris evill disposit to religioun, by law established, in places of power and trust, speciallie in commanding of men and arms, bothe in the feildis and sindrie pairtis and countrcis of this realme, where as by law thay ar not permitted to haue armes in there owne houssis. 3. The gryte mischeif that may fall vpone the kingdome, if the intentionis whiche haue bene crediblie reportit, in bringing Irish forces, sould tak ef- fect. 4. The vrgeing of schip-money, and prosecutioune of sum schireffis in the star chalmer for not levying of it. 5. The havie charges vpone marchandice to the discourageing of trades, the mvltitude of monopoleis and vtheris patentis, quhairby the commoditeis and manufactoreis of this kingdome ar muche burdenit, to the gryte and vniuersall greivance of your people. 0. The gryt greif of your subiectis by the long intermissioun of ane parliament, and the lait and former dissolveing of suche as haue bene callit without the happie effectis, whiche otheruayes thay micht haue produceit. 7. For remeid quhairof, and preventing of the dangeris that may ensew to your royall persone and the whole estait, thay doe in all humilitie and faithful- nes beseche your most excellent Majestie, that ye wold be pleasit to sum- mound ane Parliament within sum schort and convenient tyme, whereby the caussis of these and other grite greivances may be taken away, and the authoris and counsalloris of them may be brocht to suche legall tryell and condigne punishment, as the nature of there seuerall offences sail requyre ; and that the present warr may be composit by your Majesteis wisdome without blood, in suche maner as may conduce to the honor and saiftie of your Majesteis persone, the comfort of your people, and the vnitie of your realmes, aganist the commoun enemy of the reformed religioun ; and your Majesteis petitioners sail euer pray for your happie raigne. Sic subscribitur , Frances Bedford, Montgrave, *■ Hairtfoord, Say and seall, Essex, Mandiuill, Warwick, Eduard Hovard, Rutland, Robert Brook, &c. and many otheris. Exceter, Wherevnto his Majestic, by his sccrctar, ansuerit thus : — Befoir the recept of your petitioun, his Majestie did wcill foirsie the dangeris that The Kingis a threatned him self and his realmes, and thevefoir resolveth, by the tuentie fourt of this moneth at York, to summound all the peeris, and with thame to consult in this cace, what is best to be done for his owne honor and the saiftie of the kingdome, where thay with the rest may offer suche thinges as may conduce to those endis. Finis. 3 1 I MEMO HI ALLS OF THE TRUBLKS Thir petitioneris ar Now both petitioun and ansuer wantit daites, and thir petitioneris alledgit to be the prime plotteris with our Scottis of all thir bussi- The King cansis sum- neSS. Aluayes the King heir causis summound his peeris, as is Es°sex, h and e HaVtford re- formerlie said ; bot Essex and Hartfoord wold not compeir, bot "" s . . gave in there pretendit excuses : quhairvpone the King gart ward wardit, put to liberty, bothe there commissioneris, bot were schortlie put agane to libertie. Now the peeris obeyit the Kingis suramoundis, and for the most vtiieris cums, bot wold pairt cam to York; bot there cam about 1000 of Englishmen nar not enter York. hand, bot wold not enter the toune of York, vpone there owne Thay crave ane pariia- ressones, and petitionat the King for ane frie parliament, for re- dressing of the greivances of that kingdome, both in churche and pollicy, and for satling his Majestie with his subiectis of Scotland. Londoneris siikis ane At this inciting also, the lower houss and sum citizenis of London petitiound the King for ane frie parliament, and for satling with Scotland ; quhilk petitioun, as wes said, had 7000 subscriptionis. The King, thus vrgit with so many petitiouns for ane parliament, all at this tyme of the conventioun of his peeris at York, quhilk wes vpone the 24th of September, at last yeildis to thair inopertune Ane parliament indicted petitionis, and indictis ane parliament to be haldin at his owne to the 5th of November. pa u ace 0 f Wastininster the 5th of November nixtocum, be consent of his peeris convenit tliair for the tyme. Howsone the English had The English winis there gottin ane parliament indicted, then thay began to exult and rejoice and resolvit to haue the Scottis satled to thair awin contentment, and to wirk out thair awin desires in England, according to there owne plesour. And for oure Scottis pairt, thay begin evin then to Ane melting drawin on draw on ane meiting betuixt 15 English nobles and vtheris, and 15 scouu, y n if was a not Scotch nobles and vtheris, to meit at Northallertoun the first day of kei ' ,u October nixt for pacificatioun, and his Majestie to send ane saif con- duct, wnder his hand, to the Scottis commissioneris. And in the a cessatioun from warr. meintyme, a cessatioun from warr to the 10th of December nixt, prissoneris on both sydis to be restoirit ; and dureing this cessatioun The Scottis to be susten- from warr the Scottish army to get monethlie pay out of Northum- Prissoneris to be re- berland, Wastmurland, and Cumberland, for there sustentatioun, and to saif the countrie from plundering. This wes at this tyme condiscendit at York. By and attour thay had for there provisioun Prouisioiui at Newcas- i\ iC Kingis magozin in Newcastell, and the customes of coill and salt of that toune, whiche is of no small importans, and daylie sup- pleit and helpit out of the bischoprik of Durhame. Thus, wes our ANNO 1040. 345 Scottis army, that cam in to seik the King, royallie intertynneit at our scotHs ncii Newcastell ; quhairat the Englishmen wes weill contentit, as being '"' Sl ' u "' f: ■ "" hll1K ' done of there owne consent and privie pactioun ; hot the King had his army lying also in England, sustenit vpone his owne pay and The King payis his expenssis. So is he handlit, and in place of taking ordour with t " lll "" s - oure army, according to our desertis and his Majesteis honor, a parliament is grantit, and a parlie of pacificatioun drawin wp a pane of pacificatioun betuixt him and his Scottish rebellis ; quhilk parliament brocht the A ^er^tu King in many troubles, and to the schedding of mekill innocent Jit-kill sorrow follouis blood, both in England and Ireland, as efter ye sail heir. Aluayes, thair follouit no meiting at Nortballertoun, bot the King leavis his army lying at York, and rydis to the parliament. Sie heirefter, folio 260. And becauss his Majestie wes not weill acquent with our Scottis lawis, nor wes abill to give ansuer to the first demaundis of the estaitis of Scotland without good informatioun ; therefore, and to the effect his Majestie sould go on legallie, he sendis post for Schir Lues Steuart, ane of the pryme aduocatis of Edinbrugb, to repair schir Luees steuart vpone saif conduct to his court at York, who, befoir his Maiestie !f" d f '"'.' , ,, ... t J lie. cuiiiis (o (he Kin". past thairfra, cam and conferrit at lenth anent the lawis of Scot- Thair conference. land. What satisfactioun he gave to the King I knaw not, bot the King rode his way, and Schir Lues gat no thankis for his travellis Hegetis no ihanw?. from the estaitis, bot reput ane incendiary, and brocht wnder gryte truble, as ye may heirefter sie, folio . Generall Leslie lying at Newcastell, and heiring how materis Lesiy gives lehe to sum went, gave licens to sindrie gentlemen and vtheris to cum home to 60ldl0ur,s to cum llome Scotland, vpone strait conditioun of there returne vpone aduertes- ment. So he loist nothing by there absens, becaus he wes still payit for thair meit and wages, as if thay wer vpon seruice. Sie more heirefter, folio . Vpone Wednisday immediatlie befoir Mihaelmes, and 23rd of Maiestratu of Abirdene September, quhilk is the ordiner day for electioun of the maies- ^tnk Lesi prouest tratis of Abirdein, Patrik Lesly, a pryme covenanter, is now srvnit and prouest ]c3!) > bot . . , . &J ducbargit in anno prouest, with a cleir electioun, for a yeir, suppose dischargeit of 1635 > f oiio 30. that place abefoir. Sie folio 30. Williame Forbes, Thomas Mor- tymer, Johne Leslie, and Alex r Joffrey, balleis. The laird Drum (lying wardit in Edinbrugb) is contynewit schiref shirefofAbii i 2 x 346 MEMORIALLS OF THE T RUBLES principall of Abirdene for ane yeir. Mr. Williame Dauidsone re- manit constant schiref deput, as he who wes placed thairintill ad schiref of innemUs. vitam. Schiref of Inuerniss. Ye hard befoir of sum miscontentment, folio 227, betuixt the Erll Marschaiiandmaisterof Marschall and the maister of Forbes. Thay go both befoir [the] Tables. The Erll alledgit none aucht to haue regimentis in the schire of Abirdein bot him self, and that the maister of Forbes in his service sould follow him. He ansuerit, he wes ihe cheif of ane clan, who had gottin ane regiment, as he did, and that he wes not oblegit to follow any subiect in his seruice. The Tables declairit him to keip his owne regiment, and tak wp men and money within his awin diuisioun, and that Marschall sould haue no midling with him. Sie more heirefter, folio 265, folio 288. Doctor serogie, minister Thuirsday 1st October, Doctor Scrogy, vnhable to keip his minis- quytis ins place trie, frielie gives over the samen befoir the presbitrie of Abirdein ; Mr. williame strath- and Mr. Williame Strathauchin, persone of Meithlick, getis trans- thairto. 18 translaitlt portatioun to his kirk of Sanct Macher, and thairwith gettis his iie getis his piesand duellinsr hous, orcheardis, and yairdis, whiche with panes he had duelling and yairdis, and O 7 J 7 1 payis iou merkis thair. plesandlie planted. He had four hundreth markis, as wes said, fra this Mr. Williame for his goodwill of his bigging and yairdis, and He enteris atwitsonday he enterit thairto at Witsonday nixt, 1641; and this honest old "moves. 11 D0Ct0rSt '° S ' e reverend man, of good literature, judgement, and wnderstanding, ue is sore vext.yit foist forsit to quyte his place, his charge, and duelling place, besydis to yeiia, and cum in. plundering of his meins by Marschall, as ye may sie befoir, folio . Bot do his best, (thoght out of tyme) he is forsit to yeild, cum in, and subscrive the covenant. Sie heirefter, folio 338. Thairefter, lie getis 8 chaldei'is be moyan he getis aucht chalderis of victuall out of Ross, and his ^ue!\iUs d mekin 0 out of goodsone Mr. Alex r Innes, minister at Rothimay, alss mekill. Sie Koss - heirefter, folio . Doctor Scrogie renuncit his charge, as said is, and Mr. Williame Strathauchin gat the samen, as ye sail heirefter sie, folio 264. a A committc in Abirdein. Setterday, 3rd October, ane committee holdin at Abirdein, quhair riie cordinens convenit the cordineris of both Abirdeins wes commandit, wnder the pane of in lirnghe and land. . ... . , ... N . , . plundering, (sitting in the tolbuith) and the haul cordineris both in a For notices of Dr. Scrogy, see Gordon's Hist, of Scots Affairs, vol. iii.. p. 227. Note. ANNO 1040. 347 brughe and land about the toun convenit, to give wp, be vertue of there oathis, the number of thair ledder, and to mak wp befoir the xi. of October instant, thair portioun of 20,000 pair of schois of 10 Thay in ordanit to mak and 11 insche at the leist, to be send to Newcastell to Generall ^ 'i'i' 1 " "" '" Lesleis soldiouris ; and siclike, the marchandis commandit to furnesh The marchandis to thair pairt of thair clothis and sarkis, being in all 20,000 soot of ap- [™ clotMs parell and 20,000 sarkis. And the committe took exact tryell what gray claith, hardin, bleichit and vnbleichit, the marchandis had. What suld more % Obedience and patiens perforce. Bot our country people had dar schone thairefter, sum paying xls., sum D t ir echone in this toun. 36s., that wont to be coft for xx. or 24s. Thir cordinei'is wes sore Thecordineriscompeini vext, for with there owne handis thay war forsit, ilk man to wirk his proportionall pairt, becaus thair seruandis and appretenssis wes takin fra thame in Marschallis regiment, as ye hard befoir, folio . Thus is Abirdene holdin in contynuall miserie. Old and New Bath Abirdenia so Abirdene furneshit out fourscoir four pair of schois for there pairt, vext and gat payment be the estimatioun of four suorne men for the payment for ledder, bot ledder, bot no payment for thair warkmanschip. The Oldtoun m " K or uark people had 17s. for ilk pair, bot if thay had bene selling thame, thay 17s thc pairi quhilk wold haue cost 30s. Aluaies, schois, sarkis; and clothis, maid wp e«w n°t be sola for so«. ' 1 Clothis, schois, and all in cot and brekis, wes all schipit at Abirdein, and transportit to schipit at Abirdein, and ... . iiiiiii - transportit to the Newcastell. And it is to be nottit, that the landuard had thair soidioiisat Newcastell. owne pairt by and attour the tounes of Abirdein. Sie more, folio 286. Sonday 4th October, fast and prayer in New, bot not in Old Abir- Fasting ami prayer, dein, for a happie success of our army. The siluer wark of Dundie wes about this tyme takin wp vpone The siiuer wark oi r>un suirtie, and cungzeit for the army. Sie folio 229, quhair Edinbrugh dletahmw r ,and,un 1 did siclike. About this tyme, Mr. Gilbert Ross, minister at , wes Mr. Gilbert Ross is .. transportit thairfra to Doctor Gordoun his ministrie at Elgyne, rainister at Elgin who had fled the kingdome, being aganes the covenant ; and be or- dour of the generall assemblie his place wes thus fillit. a Sie folio 285, and more of this Ross, folio 286. • Gilbert Ross admitted Sept. 24, 1640, died August 14, 1644.' (Shaw', Hist, of Moray, p. 379i Elgin, 1827.) 348 MEMORIALLS OF THE TRUBUvs Mr. Aiei'.Reid is set at Mr. Alex r Reid is now, vpone his owne large expenssis, put to liberty, and cumis i,om e . y lhertie out of the cagtell of striviling, and vpone Frydday 9th Oc- tober he cums home to his owne hous in Abirdein, haueing keipit waird pairtlie in the tolbuith of Edinbrugh, and pairtlie in the cas- tell foirsaid, since the 11th of Junij. Sie folio . Mr Kot.ert Farquhar Mr. Robert Farquhai' commissare lies charges raisit in King bisiii ^sTentu 0 ' "' Charles name aganes the fewaris and vassallis of the bischoprik of Abirdein, to mak payment to him, as commissare within this pro- vince, of the haill maillis, fermes, and deuteis, addebtit be thame to the last bischop, wnder the pane of horning, conforme to ane ordi- nans in the last sessioun of parliament. This charge wes gevin vpone the forsaid nynt of October heir in Abirdein, and gat schortly obediens but delay. None to commvnicat, Sonday 11th October, it wes declairit that the commvnioun wes >.., t sic as bad subs.-rivit ^ e cn X \ n j n New Abirdein vpone the nixt Sonday; ordaning sic the coveimnt 0 A » " O as had not subscrivit the covenant to cum in on Tuysday before and subscrive, vtheruayes to be debarrit fra the table. This wes said efter sermon, out of the pulpit of New Abirdein ; by and attour to wnderly the censuris of the kirk. How Mr, Williame The parochineris of Old Abirdein gynit out cannellie Mr. L^^tJJ.^" 0 Williame Strathauchin forsaid to Doctor Scroges place, sie folio 250, for certane endis that sum had in the bussines. Thay send to the presbitrie of Abirdein tuo commissioneris declairing thair minister wes deposit, the parochineris had no sure minister to serve and celebrat the sacramentis, and wissit, if it micht be done, the foirsaid Mr. Williame Strathauchin to fill his roume, as he who is both lernit and of good life, as wes most true ; quhilk wes grantit. Sie more heirefter, folio 259. Mr. Robert Ogiluy, subprincipall, getis his kirk ; Mr. Alex r Middiltoun fallis subprincipall ; thairefter Mr. Patrik Gordoun is maid ane regent, who wes seruand to the laird of Haddoche. HarthiiUs distress. Ye hard befoir, folio 219, how Johne Leith of Harthill wes wairdit, going with ane rakkill of iron about his foot. The gentil- He turnis aimosi mad. man, being so rochlie and vncharitablie vsit, almost becam furious and mad. He gat ane smithis fyll convoyit in, quhairwith he scliure the iron from his foot, and being louss he cam to the tol- iie raillis, and cryis out. buith windo, and horriblie cryit out, threatned and boastit Patrik ANNO 1040. 349 Leslie, prouest, and Mr. Robert Farquhar, with vtheris his vn- freindis, and with fyre intendit to burne throw the volt. Quhilkis misbehaveour being considderit, the toun wreit for ane warrand.fra the committe to transport him to Edinbrugh, quhairby thay micht n e i» traiuportitto be frie of his trubbill. And sua vpone Tuysday, 13th October, Mr. '" 11 Williame Dauidsone, schiref deput of Abirdein, convoyit him to the schiref of Mernis ; a and sua fra schire to schire he wes convoyit to Edinbrugh, and immediatly wairdit within the tolbuith thairof. Pitifull to sie ane gentleman, chief of ane clan, of good rent, so ex- 1U . is wairdit , ai)d tremelie handlit, but mitigatioun or agriement, seing none wold be ri s orousl J handled cautioner in lawborrowis for him, being a disperat peice ; and so he lyis thair, sie heirefter, folio , that his excellens the Marquess of Montroiss commandit to set him and all the prisoneris to libertie. Tuysday, [Thuirsday] 15th October, ane committe holdin at Abir- Ane commute a) . u ,i, dein be the lairdis of Monymvsk, Kermvk, Phillorthe, Cragiwar, the tutour of Petsligo, the goodman of Balnagask, Auchmedden, and som vtheris. The said Thuirsday, hapnit ane schip belonging to Abirdein, Ane JCh . perteniu t0 quhairof Peter Moir wes skipper, ladnit with iron, hempt, lynt, Ahi,tit "^ perishit. butter, cheiss, salt, and the lyk commoditeis, with sum moneyis also within her, wes sein pitifullie to synk, the day being calme, and fair sone schyning, by out outgoing of ane plank. The men wes all saiffit, God be praisit, bot schip and goodis sank to the ground cuming fra Birran anent Bervy, to the furdei'ans of the lois of Abir- dein. The presbitrie of Abirdein vpone this Thuirsday gave ordour to t , , r r J o Doctor Goold euteria to remove Doctor Goold fra his ministrie at New Abirdein, and to the c«n eg e. Sie folio, 228. enter him self to the principalitie of the colledge of Old Abirdein, according to his electioun ; and he obeyit and enterit hame that samen day. The first wark that he began wes, he yokit George , ... , , » . . Snaw Kirk demolishit Lc Ronald, mesoun, to the Snaw Kirk, b and kest doun the wallis thairof, Doctor Goold. a Item deburst for thrie faddomes of towes, whan Harthill wes tein doun out of ward perforce, . . £0 5 0 (Treas. Accounts, 1640-41.) b The Church of St. Mary ad nives in Old Aberdeen, was founded by bishop Elphinstone, in virtue of a bull from Pope Alexander VI., dated 1st March, 1497- After the Reformation it was granted to the King's College by James VI., and confirmed by an Act of Parliament in 1617. — ' Ratificatioun to the the old colledge off Abirdene.' (Acts of Parliament of Scotland, vol. iv., p. 576). 3.00 MEMORIALLS OF THE TRUBLES Oldtoun mvrmuris :vt this walk. Monro, his quartering liis marching touards the army. His virtues vse thairof. sic as wes standing, and causit transport the stanes to big wp the colledge yaird dykis, and to imploy the hewin wark to the decayit chalmer windois within the said houss ; whairat many Oldtonn people nivrmurit, the same being the paroche kirk sumtyme of Old Abirdein, within the quhilk thair freindis and foirfatheris war bureit. This mesoun had sum vther fellowis with him to this wark, who wes payit out of the college purss bot not out of the doctoris. Sie folio 334, quhair he takis his leive of the toun of Abirdein, and thairefter he removit simpliciter to the colledge. Ye hard befoir of maior Monro, folio , of his going fra Abir- dene south. His men wes quarterit in Leith, Fisher-raw, and Mussilbrughe, and vther pairtis thairabout, quhair he remanit quhill Frydday 16th October, syne marchit touardis the army. Be the way, within 3 myllis to Bervick, his soldiouris began to pray vpone the tounes scheip, to mak meit to thame selfis ; bot sum of the tounes soldiouris issuit out to defend thair owne pasture scheip, and fell in bikering with Monrois soldioris, quhair his owne sister sone wes there slayne. About this 16th of October, word cam to Abirdein that the fen-it in Ireland, to anc bi sc l 10 p of Ross wes advancit to ane fat bischoprik in Ireland;* a biscnopnk ... . Ane eviii patriot. bussie man in thir troubles, and thocht to be ane evill patriot and speciall inbringer of thir novationis within the churche. Sie more of him heirefter, folio Drums heatin-. to mak Now drums daylie beating throw New Abirdein for men, to mak »-p the maister of Forbes wp co ll 0 nell maister of Forbes regiment of 1000 men; bot do his regiment. 1 ° best, he could neuer mak wp 300 men, and sic as he had wes quar- terit still in New Abirdein, leiving now vpone the tenthis. Sie more, folio . ,.,„. Tuysday 20th October, and thrid Tuysday of the samen moneth, ibir " the provinciall assemblie sat doun in New Abirdein, as is nottit on the vther syd. His sister sone slayne. The bischop of Ross pi e- The provinciall a blie sitis doun in drin. a John Maxwell, bishop of Ross, was promoted by Charles I. to the see of Killala in 1640, which is the 'fat bischoprik ' referred to in the text. Soon after he had attained this dignity, on the outbreak of the Irish rebellion, the natives 1 stript bishop Maxwell naked, wounded him, and left him among the dead.' In 1645 he was preferred to the archbishoprick of Tuam, but hearing of the King's misfortunes in England, ho was so heavily affected therewith, that ho was found dead in his closet upon his knees, 14th February, 1646.' (Keith's Catalogue of Scottish Bishops, p. 203. Edin., 1824.) ANNO 1640. 351 It wes said, thair fell out sum miscontentment betuixt Generall Miecontenlmi nt betuixt Leslie and the Erll of Montross, quhair the Erll wes suspect of f r e 0 " s e . rallLes,y ' andMon ' letteris passing betuixt the King and him, without reveilling thairof to tbe Generall, according to ordour of armes. Whidder trew or not, I can not say, bot it wes wyslie and schortlie supprest. Sie more heirefter. Mononday 19th October, skipper Findlaw imbarkit within his ogiiuy, Drum, Pet- schip the Lord Ogiiuy, the lairdis of Petfoddellis, elder and younger, quharsonei Mr. James the young laird Drum, Donald Farquharsone of Tulligarmouth, Mr. schipis " Alm James Sibbald, minister at Abirdein, with sum vtheris. Loosit out of our harberie, to the sea for England go they. Collonell maister of Forbes, lying with his soldiouris in Abirdein, heiring of thair voage, wes offendit, bot could not mend him self. Aluaies he ad- uertesit the estaites of Edinbrugh of thair going, who gave him no Maister of Forbes getis thankis that waittit not better on vpone sic seruice. Sie more, folio lule 1 an 1S ' 288, of there returne. The thrid Tuysday, and 20th day of October, the provinciall as- semblie sat doun in New Abirdein. Mr. Robert Reid, persone of Mr. Robert Reid, modera- Banchorie, maid moderatour to the nixt assemblie, and Mr. Mr.Vniiame strath- Williame Strathauchin ordanit to transport himself fra the kirk of auchi , n ord ?? it to t,: ""- 1 port lnmsclf. Meithlik to the kirk of Old Abirdein, to serve the cure thairat, in the deposit Doctor Scroges place, quhilk he obeyit. Sie more here- efter, folio . Mr. Robert Ogiiuy, subprincipall, gois to his kirk ; Mr. Alex r Middiltoun, his gooubrother, fallis subprincipall. Thuirsday 22nd October, capitane Kaird, ane fashious drunkin Cnpitane Kaird killis atir companzeoun, (vtheruaies ane pretty soldiour) killit ane poor mans ho,!,s ' horss in New Abirdein; for the quhilk he wes wairdit, and thair- IKl is C asseirit. efter for his miscareage casseirit. Sie folio Ye may sie, folio 189, of the Lord Sinkleris going to Caithnes. Lord sinkier cums tv* He returns bak to Abirdein vpone Thuirsday 22nd October with 500 Cllthness to Ab,uU '" soldiouris, quhilk he brocht out of that countrie. He quarteris Ul s soldiouris quartern, thame in New Abirdein, leaving sum moneyis with commissare Farquhar for there mantenans, and haistellie rydis south, to receave Hl . 1V(1 „ soutIli orderis fra the committe of estaitis ; bot befoir he cam bak agane his allowanss wes spent, and the soldiouris put to there schiftis. m< soidiom-is nantis Abirdene wold grant thame no quarteris, since the collonell maister paj " of Forbes regiment wes alreddie quarterit thair ; quhairvpone ilk 352 MEMORIALLS OF THE TIIUBEES Tiny mg and n soldiour began to deall and do for him self. Sum cam over to the Oldtoun, quhair thay gat nothing hot hunger and cauld ; vtheris spredis throw the countrie heir and thair about the toun, speciallie to papistis landis, plundering thair food both horss meit and mania meit quhair thay micht get it, to the gryt greif of the countrie, and to Abirdein also. Sie more heirefter, folio . The King leavis his army Now his Majestie leaves his army, consisting of about 10,000 fut and 4000 horss, as wes reportit, at York, and takis journey He gois to the parlia- about this tyme touardis his owne pallace of Westminster, for keip- ing of the English parliament to the 5th of November, as ye hard befoir grantit, folio . The scottis army lyis The Scottis army still lying at Newcastell, it wes said that s tiii at Neweasteii. Qenerall Leslie had send out Schir Archibald Douglass, with about 40 men, to go watche the feildis about Newcastell, 12 myllis fra the camp, who raid 10 myll forder by order, and cairleslie lichtit at Bur- rowbrigis, stablit thair horssis, and sat doun to drink ; bot being espyit be the Kingis out watches, thay cam first to the stables and tuke thair horss, syne to the hous and took thame selffis, except onlie four quhilk escaiped ; quhairat the Generall wes heichlie su.n sc.itis takin, and offendit for thair miscareage. Aluayes, thay ar keipit prissoneris, and in end wes put at libertie. The lai.dis of watter- The lairdis of Watertoun, Ochterellon, with sum vtheris, Thomas sZ^rgfssu^ Abfr- Nicolsone, Robert Forbes, alias Dobrie, George Jamesoun, burgessis dein.retumis home from G f Abirdein, whome ye hard, folio 201, wes wairdit in Edinbrugh, wand, efter payment of « ° there fynes. cums hame about the 4th of November, efter payment of there fynes. Mr. Alex r Reid cam hame befoir, bot the rest stood out whill folio 262. rue parliament oi En- The parliament of England, vpone the 5th of November, sittis doun at Wastminster, whairby his Majestie wes grevouslie borne doun and crossit, as heirefter do appeir. Sie folio 263. The Lordia of sessiouii No sessioun sitis doun in Edinbrugh, yit inferior judicatoreis as inferiou/judges'sittis. befoir ; the commissare and schiref of Abirdein, and vther places, sitis doun in wonted maner. Ane Abirdeins fische Frydday 6th Nouember, ane Abirdeins fisher boit perishit piti- perishit. th ' peisons fullie in the sea with sevin men, to the forder visiting of sinfull Abirdein. Sonday 8th November, Mr. James Willox preichit in Old Abir- land sittis doun The King grevously c ANNO 1640. dein. Efter sermon, he red out sum committe actis, forbiddi ng Acti* against prenteiftsifl prenteissis to leave thair seruice without order, and setting doun "^° r meri « re out 0 prices vpone ledder ; whairvpone schortlie follouit ane strict com- mand, chargeing the haill cordineris in both Abirdeins to mak wp single soillit schois to the collonell maister of Forbes soldiouris. No remeid. It wes obeyit, bot litle payment gottin for thair ledder, and none at all for there wark. Sie more heirefter, folio Mononday 16th November, the Lord Gordoun, with sum thrie or Tlje Lord Gordon cumis four seruandis, cam fra Bervick be sea to Abirdein, landit at the ^ ^^x^no^a Sandness, and cam to George Middiltouns hous in Old Abirdein, to houss - whome the collonell maister of Forbes, send tuo of his owne The maister of Forbes officiaris, livetennand crouner Forbes and major M'Kenzie, demand- 5 ' ndl *' eman 8 new "- ing the Lord Gordoun of newis. He receavit thir soldiouris kynd- lie, ansuering, no newis, bot appeirans of peace; and with all schew msansuerandpatentii. thame thrie patentis, one fra the King, one fra Generall Leslie, the thrid fra the governour of Bervick, to pas and repas at his plesour. The gentlemen took thair leive, and returnit to thair crouner. The Lord Gordoun, after brakfast, causis hyre horssis and gois to Strath- h« goisfor strathbogj. bogie, haueing onlie with him Johne Gordoun of Ardlogie, Patrik Innes, sone to vmquhill Alex r Innes of Cottis, Alex r Gordoun Suankie, and Robert Gordoun. Sie more heirefter, folio 287. About this tyme ane Abirdeins schip, quhairof Thomas Boyis wes Thomas Boyis schip of skipper, cuming with there goodis from Holland to Abirdein, is tX^ e ' ,ukm 1>e ° u ' blawin wp by contrarie wyndis wp Forthe ; bot, at the estaitis com- mand, scho is schortlie buirdit and manit, who cloissit wp hir durris, alledgeing hir marchandis in begining of thir troubles fled the good The n^one why. caus with thair best goodis, and went over to Holland, quhair thay vtterit vn-reuerend speiches aganes this causs and authoris thairof in Campheer, truelie told thame fra that pairt, and now seing ap- peirans of peace, thay wold returne hame at there owne handis. Now, the goodis pairtlie belongit to sik men as fled, and pairtlie be- longit to vtheris who fled not. Aluaies, both sortis of marchandis The merchandis sum- are summondit to compeir befoir the committe of estaitis at Edin- s' um ar fruit.™ brugh, quhairof sum war fynit. The estaitis burrowit vpone band The estaitis borrouit P ,-, | . 11 if. ., , sum money and repayit sum moneyis tra thame, quhilk wes punctuallie repayit, and the schip about the fourt of December gat liberty hame in peace. Bot 2 Y 354 MEMORIALLS OF THE TRUBLES pauiiEngiiss,ftnd joime at this voage, Paull Englis and Johne Perslie, tuo fyne merchandis, Perslie departis tliis i ji • i p W at this voage. depairtit this lyf. johne Erii or Rothas, About this tyme, Johne, Erll of Rothas, Lord Leslie, &c, Charles. Lo!dto"Zn!'a!,7 Erll of Duinfermling, Johne, Lord Lovdoun, Schir Patrik Hepburne diuerssvtheris.asmem- 0 f Wachtoun, Schir Williame Douglas of Caverss, Williame Drum- bens of the estaitis, ar ° send wp to the English mound of Richai'dtoun, Johne Smyth of Edinbrugh, Mr. Alex r Wedderburne of Dundie, and Hew Kennedy of Air, as memberis of the estaitis of our Seottis parliament ; and for the churche, Mr. Alex- ander Hendersone and Mr. Archibald Johnstoun, wes send wp to the English parliament. Sie more heirefter, folio . TheimirdoffGeichtde- The laird of Geicht, elder, takin be capitane Betoun, as ye may pairtis this lyf in Edi- gie folio 201> and wardit in thg tolbuith of Edinbrugh vpone cautioun, had libertie of frie waird within the toune, and to walk and go at his plesour ; bot schortlie thairefter he took seiknes, and vpone the 1 7th of November he depairtit this lyf in Edinbrugh. coiioneii maister of Tuysday 17th November, collonell Alex r maister of Forbes, in- formit that his regiment (who neuer did seruice) wes to be dis- bandit, rode schortlie south to the estaites, leaveing his soldiouris lying in Abirdein, leiving be advancement of commissare Farquhar vpone the tenthis and tuentiethis. Sie more heirefter, folio 265. our seottis parliament Oure Seottis parliament sat doun by the estaitis at Edinbrugh tiStah pariiam^t 5fra ™ th Nouember, and referris what wes done to the actis of parlia- hoidin in junij. it is men t • and contynewit thairfra to the 14th of January, 1641. It now adjornit to the 14th ' » » * ofjanuar, 16*1. sat doun also befoir vpone the 11th of Junij, 1640, in absens of the Kingis commissioner ; fra that contynewit to the 19th of November, and so furth. Ane man crueiiie hangit Setterday 20th Nouember, ane of the Lord Sinkleris soldiouris haueing wyf and children, mynding to steill hame, is appx*ehendit, and but dome or law, betuixt the crossis of Abirdein, is hangit to the death be one livetennand collonell Sinkler, who thairefter wes ue is thairfoir casseirit. casseirit for this cruell deid, done when my lord himself wes in Edinbrugh. Sie heirefter, folio 287. Fast and prayer tor oure Sonday 21st Nouember, and Thuirsday thairefter, fasting and prayer vniuersallie throughe all Scotland preceislie keipit for the good succes of the army and peace of the countrie ; bot no fast keipit in Old Abirdein, by ressone of the want of our minister. be one Livetennand Sinkler. army. ANNO 1640. :>,:,;, Ye hard, folio 260, how sum of our Abirdeins burgessis cam Sumofour burgessUof hame. George Johnstoun wes fynit in 1000 lib. * George Moresone, £$^55 cumif' Dauid Rikard, and Williame Patrie, ilkane fynit in 1000 merkis ; and wes set out of waird of the tolbuith of Edinbrugh to libertie, and about this tyme cam home to Abirdein. Lufetennand Foddringhame, with about 40 mvskiteires of collonell Liuetennand Foddnng- maister of Forbes regiment, went out of Abirdein, haueing order se^and e Forsjth y is C ' to so out and plunder sic persones as had not payit thair tenthis ki " itb y J° hnc Gordoun ° 1 1 . an( ' B 01s '" ,t revenge. and givin wp thair men, chanceit to be at Fyvie drinking at ane ail- hous called Lewis, where Johne Gordoun, second sone to Johne Gordoun of Ardlogie, Williame Seytoun, chalmerlane of Fyvie, Johne Seytoun, and sum vtheris hapnit to be also ; and vpone sum licht occasioun, Serjand Forsyth in this company wes suddantlie slayne be the said Johne Gordoun by ane schot, and wan his way frielie but revenge amonges the midis of Foddringhames 40 mvskiteires ; for the quhilk this luvetennand wes pitifullie UlS- Poddringhame graceit, as ye may sie heirefter, folio 287. Ye hard befoir, how major Monro, at his removing fra Abirdein Major Monro causis south with his regiment, wes resting to the touns people, moneyis for ^' y n ^"une^T"!* there sustentatioun, quhilk now he rememberis, and causis com- , ',' 1 ' sustein , ingof 1 Ins soldiouris, bot Fur- missare Farquhar pay euerie one according to his compt ; bot he qu^ar maid his com- haueing store of old victll besyd him, coft for 3 lib. the boll, sellis it put for four pundis agane, quhairby he maid wp his gane at the honest peoples handis by this schift, haueing allowance to haue payit them all in reddy money. The committe of estaitis of parliament had ordanit ane hundreth The burrowis of Scot- and fyftie thousand goodlynges, at 20s. ilk goodling, to be payit be [rthrHoiLnd r cria' , of nl the haill borrowis of Scotland, according as thay sould be stentit, T oneyis '- q, ,^ a ^ f A bir ' ' O J ' dene pnyis lfi.000 lib. for payment to the Hollanderis of certane amvnitioun, pulder and ball, quhilk thay send to Scotland the tyme of thir troubles. Amongis the rest, Abirdein wes stentit in 16,000 goodlynges, to be payit be the marchend tradderis allanerlie, vpone suirtie to be re- payit bak agane be the estaites. Thus, ilk merchandis tred and estait is tryit and publictlie considderit, within the tolbuith of Abir- dein, vpone or about the 24th of November, and being stentit con- forme, maid wp 16,000 goodlingis or 16,000 lib. Now, newis cums to Abirdene fra the English parliament, saying, 356 MEMORIALLS OF THE TRUBLES Tuna-, and poundage tunage and poundage or schip raoneyis, one of the grytest casualiteis lilhVafiL.u-nt 1 ' Eng " ^ ew *° * ne King, wes dischargit ; and being at the Kinges disposi- tioun abefoir, is now reducit monethlie by bill to crave this fra the Monopole is dischargit. estaitis, vtheruaies to want. 2. All monopoleis dischargeit. 3. That the thrie preicheris whose noses had bene slittit, and The wairdit minister!* put to lii.ertie, and re- cas ^ j n p r i SSOU n for speiking asranist episcopacie, wes put to libertie stoirlt to there kirkis. r r ° » r r r The cannons of the tour and restoirit to there owne kirkis. 4. That the cannonis of the disrnonted ; Schir Williame Balfour re tour then mounted aganes the citie of London wes dismounted, and spirit to be capitane williame Balfour, capitane thairof abefoir, who wes dis- thairof. ' 1 Papistis forbidden to chargeit, is agane restoirit to be capitan of this tour. 5. That the cum neir the parliament, p ap i s tis wes commandit, wnder the pane of tressoun, nocht to to weir amies ; and all 1 1 L forai fe ne papistis to re- cum narer the place of parleament nor 10 myllis ; thay sould haue move wnder the pane of ...... . deith. no armes within there noussis, nor cary armes on thair bodeis ; and the whole papistis of other nationis sould remove thame selffis out of Greivances givin \vp England wnder the pane of death. 6. That thair wes 1100 sub- scribantis of English who had givin wp greivances aganes thair oure army weii allowed awin bischopes. And lastlie, that our Scottis army wes weill bodie IHngZ^ and allowit by the lower hous and body of the kingdome. Sie more heirefter. Bot this purpose, whidder true or not I can not say ; bot look to his Majesteis declaratioun, or ansuer to the declaratioun, set out and send to him by both parliaments of Ingland, in whiche (his Majesteis ansuer) is contened more crediblie sum certane actis, Trienniaii parliament, s ' c as ane bill past for ane trienniall parliament, for imposing vpone Fussing or soidieiis merchandize, (quhilk heir I tak to be tunage and poundage) for starr chaimer Hei»he P ressn ig of soldieris, for taking away the star chalmer and heighe commissioun. Eeguiat- commissioun courtis, or reffulating the counsall table, for forrestis, in? of the counsall table. ° ° stanry courtis. cierk of stannery courtis, clerk of the market, and taking away the voices votes"' ' ' 'sciopis ^ bischopes out of the lordis houss. This is seine with some otheris in the Kinges owne speiche. Sie folio . capitane \inot direct Thuirsday 25th November, capitane Arnot, with ane pairty of deith revenge ro,s - ythis mvskiteris, direct doun to Fyvie, to tak or kill him who had slayne Forsyth, sie befoir, folio . Bot the deid doer, Johne Gordoun wes The scatterit EOldioris fled. Aluaies, the soldiouris who war scatterit at this slauchter, wes gatherit and brocht in to the toune. Doctor goom preichit. Sonday 29th November, Doctor Goold preichit both before and Mr williame strath- a f tern0 ne heir in Old Abirdein. Mr. Williame Strathauchin, efter auchin receaveu minis- ' foirnones sermon, wes receavit be the parochin, elderis, and deacones ANNO 1640. 357 thair convenit, in the deposit Doctor Scrogeis place, whose roume still vaikit fra the tyme of his deprivatioun, sie folios 222, 256, and the kirk evill served be stranger voluntarie ministeris whill this tyme. We had good doctrein from this Mr. Williame Strathauchin Good dot trcn in this ay sensyne. Now Doctor Scrogie duellis still in his own houss whill Ir ' Witsonday nixt tocum, dureing quhilk tyme he cam veray seldome Doctor serogycumis not to heir him ; bot went to vther churches Abirdein or Futty vpone the ], ',' sn r *' Sonday, and lykit rather to heir any other preicher nor Mr. Williame Strathauchin out of his pulpit, wherefra he wes thus waies removeit, one who had long servit in the ministrie, ane lerned, n e i> a lerned man, and grave, auncient man, of singular good pairtis, who, following the ^e il is borne doun following » it- King, is but his help thus overthrowne ; yit rememberit sen syne. Sie heirefter, folio 333. Now the said Mr. Williame Strathauchin being receaved, the The laird of Haddoch same veray Sonday efter afternones sermon, the laird of Haddoche cragyTvL'thiisame'son. perseuit the laird of Cragywar (both beinsj cum fra sermon) anent '' '•' "' Wr wmiBmc 1 a>i \ a / btraqunnns entry. the bischopes styll with ane rod in his hand, quhilk he quiklie de- fendit with ane vther rod. Aluyss, thay ar red but blood. But Thay ar pairtit, but Cragivar apprehending himself to be behind, challengit be cartellis carteiiis passing and daylie Haddoche, who ansuerit him agane ; bot turnit to no doing, a M " ' " bi tul * t ' llem - bot malice irreconcilablie wes in the breist of Cragywar. Ye hard before, folio 255, of the maister of Forbes : Marschall Marschall beirisdonn bure him doun befoir the Tables; quhairvpone he rode touardis i, e f 0 ™ a the ta'iW""" Generall Leslie, who establishit his regiment, vtheruaies he had {£ sl * jrdw '° Genera " bene disbandit, or at leist wes to be disbandit, by the estaites. But in his absens his men wes leiving in Abirdein vpone the tenthis and l:i> regiment daylie UR . tuanteithis, and daylie oppressing the Kinges leges, his soldiouris. '"" N "" s Aluaies, collonell maister of Forbes returnes name fra Newcastell Uereturnie to Abirdein, to Abirdein vpone the fourt day of December, and agane beginis heTegius to'vplirt within his diuisioun to vplift the tenthis and tuanteithis, viz., of the tenthis - tent chalder ane chalder, and ane mark of [ten] markis of siluer rent, besydis the tuenteith penny. Schir Johne Leslie of Wardess depairtit this lyf in Tullifour The laird of wardesa vpone the 29th of November, and wes bureit within his awin de P" ,rtls tl,ls ! >' cheppell at Tullifour, quhair neuer laird of Wardes wes bureit befoir, and himself being the last laird wes first bureit thair. a His a One of the charges brought against assembly of 1C38 was, " that at the re- the bishop of Aberdeen, at the Glasgow quest of Elizabeth Gordon, Lady Ward- 358 MEMORIALLS OF THE TRUBLES 1 1 is lady schortliemarcis ladie wes also schortlie mareit with the laird of Cluny, as ye may ' UDJ sie heirefter, folio . Certanc actis and in- Sonday 6th December, Mr. Williame Strathauchin, efter foir- structioms, rod out of nones sermon in Old Abirdein, red out certane actis and instruc- pulpit. ' tionis set doun be the lordis and vtheris of the committe of parlia- ment at Edinbrugh, of the 11th of November, 1G40, quhairin ane strait command is set doun to all the haill committees of warr, noble men, barrrons, collonellis, gentilmen, schirefis, maiestratis of burro wis, elderis, and constabullis in eche parochin, as thay wilbe Fugitives to be serchit ansuerabill to the estaitis of this kingdome, that thay try, serche, seik, tak, and apprehend all fugitiues, horss or foot, and to present thame befoir the committees of warr in ilk divisioun, or schirefis of the schire, or maiestratis of burrowis, quhair the saidis fugitiues sal be apprehendit ; and quhilkis committees, schirefis, and maiestratis, The teut man to be salbe oblegit to decimat the saidis fugitiues, and to hang the tent man of thame ; and if thair be but one or mo of thame within ten, to causs hang one of the said number, albeit thair be bot one, and Tiie rest to be send to to send the rest to the committe of estaitis at Edinbrugh, vpone the expenssis of the publict, to be punished with ane mark of in- famy, and to be send bak to there companeis : and who so hapnis, None to recept any of efter the publicatioun heirof, to recept, keip, receave, or intertynny any of those fugitiues, horss or foot, and sail not dilate or deliuer thame in maner forsaid, salbe reput enemeis to the good causs, and The pvnishment of the pvnishit by the said committe of estaites or committees of warr where thay duell, and the half of his moveable goodis ipso facto. foirfault ; the ane half thairof to be imployit to the vse of the pub- lict, and the vther half to be givin to him who dilates the recep- teris, and qualefeis the samen : and forder, the saidis persones dilateris to receave reward (by and attour) fra the committe of [ik man to returnc to estaites. And becaus there is ane gryt number of all sortis of his cuUoris. r, ici • people laitlie cum ira the army, and ira there quartern and com- esse, he had consecrated a chapell at she had wrought with her owne hands, TUlyfour after the superstitiouse form and desyred that they might be dedicat and manner." One of the witnesses, to God, and so delyvered the key to the Mr. Thomas Mitchell, " declaired that bishop, who went in and preached a ser- he was present by accident when he mon of consecration, and baptised a child, did consecrat a chappell, the chappell and then went to their feisting. His being richlie hung, and all the rest of it. text was upon Solomon's dedication of The lady came in, and gave him a cata- the temple." (Gordon's Scots Affairs, logue of the things that, are within, which vol. ii., pp. 133, 135.) ANNO 1G40 35!) paneis within this kingdome, (now on foot for defenss thairof) quhairof sindreis hath obtened pass to returne within a short space ; thairfoir it is statute, that whosoeuer sail not returne to his culloris within four dayis efter the publicatioun heirof, at the leist imme- diatlie efter the expireing of there pass, salbe esteimit as fugitiues, and salbe lyable and subiect to the censure and pvnishment forsaid. And if the committe of warr within eche divisioun salbe negligent Run »wajs, aud there in conveining and taking ordour with the saidis run awayis, and rttept< " s there recepteris and concealleris, or salbe deficient in putting this act to executioun, eche persone of the said committe of warr salbe vnlawit and fynit by the committe of estaites in the soume of 300 lib. Scottis money for eche failzie, toties quoties : and if the minister Fynis. and elderis salbe deficient in dilateing, and capitanes or constabullis of parochins, or ony vther parochiner, salbe negligent in sercheing, apprehending, and pi'esenting of the saidis fugitiues and maisterles men to the saidis committees of warr, or vther maiestratis for- saidis, or in putting the said act to dew executioun, so far as con- cernis there pairt thereof, eche one of them who salbe found negli- gent salbe fynit by the committe of warr within there boundis, or by the said committe of estaites, in the soume of 100 li. money; the Fynes. ane half thairof sail pertene to the publict, and the vther half to the pairty dilater of the said negligent persones respectiue in maner forsaid ; and if it sail cum to the knouledge of any persone who hath or sail happin to out reache soldiouris, horss or foot, that these out reachit by them are disbandit and fled fra there culloris, the said out putteris of thame salbe oblegit to serche, seik, and aprehend strait actis. the saidis fugitiues throw the haill boundis of the presbitrie quhair the saidis out putteris duelleth, and sail either aprehend thame and put them fra there boundis ; or vtheruaies, incace of thair neglect to do there diligence thairin, the saidis out putteris salbe oblegit to mak wp there number be out putting of men in there places, suffi- cientlie providit in armes and vther necessareis, vpone the saidis out reacheris there owne expenssis. And ordanes these presentis to be published at the marcat crossis of all heid burrowis, and the haill paroche churchis within this kingdome, that none pretend ignorans heirof. This paper is printed at Edinbrugh by James Brysone, in anno 1640. at command. 30 0 MEMORIALLS OF THE TRUBLES Instrtictiouns sent by the commit I \ee of the estaitia of parliament to the whole scliires, committee of warr, and brityhis within this kingdnme, \6/.h November, 1<>40. 1 . First — Receaue heirwith the actis aganist fugitiues and run awaies and there recepteris, whiche must be proclamed at euerie mareat cross the first marcat day, and in euerie kirk the first Sonday efter the recept thairof ; and for this effect there is alss mony actis sent to yow as thair ar paroche churches within your boundis, both to brughe and land ; whiche actis yow must send to euerie kiik. 2. Secondlic — Thir actis, as also the former actis aganist fugitiues, maisterles men, and those who trauellis without pass, must be put to dew executioun, conforme to the tennour thereof; and all fugitiues must be aprehendit and pvnished conforme to the actis, and the rest send to Edinbrughe within 15 daies after the recept heirof. Like as, strict courss must be taken in evrie place for keiping of all hie wayes and passages, for apprehending of all run-awaies. 3. Thridlie — All the clothe and schoois in eche presbitrie and brughe, alreddy providit for the soldiouris in the army, must be sent to Edinbrugh or to the camp, within four dayis efter your recept heirof ; and orderis must be givin for making all the schoois, and bying all the cloth that can be had in your boundis, whiche must be prepared and sent to Edinbrugh or to the army with all possibill diligens ; and at the deliverie thairof, yow must give order to get commissares tikketis of recept of the samen, for keiping of a richt compt, vtheruaies what yow send and deliuer will not be allowit by the publict. 4. Fonrtlic — The committees of warr and maiestratis of burrowis must send to the committe of estaites at Edinbrugh ane exact roll of the names of all ante-covenanteris and vtheris, enemeis to the commoun causs, within there boundis ; togidder with a rentall of all there landis, tythis, and rentis, and ane inuentar of all there bandis, soumes of money, moueable goodis, comes, or vtheris pertening to them or to ony bischoprik or bischop within there boundis ; togidder also with ane roll of the names of suche as profes to be covenanteris and yit dois not reall deutie, and of the names of all otheris who ar suspected not to be reall freindis to the comoun causs ; and all this within 20 dayes efter the recept heirof. 5. The saidis committees of warr, as also all collonellis, nobillmen, gentil- men, maiestratis of burrowis and vtheris, must assist the commissares and colloctoris in euerie thing, conforme to the saidis commissares and col- lectouris there instructions and pouer givin to them in there seuerall offices. 6. All the commissares and collectoris must presently cum to Edinbrugh with there accomptis, and receave new orderis and instructions, and the com- mittees of warr must require thame for that effect to cum ; and if there be any pairt of the countrie quhair there is not commissares and collectoris ANNO 1640. 361 establishit, the committees of warr must nominat them and send them to Edinbrugh to get there warrandis, and this within 8 dayes efter there re- cept heirof. 7- That all the valuationis becloissed, perfyted, and send to Edinbrugh, (quhair the samen is not done alreddy) and that within 15 daj'es efter there recept heirof. 8. That all the tenth and tuenteith penny be presentlie collectit and send to Edinbrugh, (except what is alreddy payit be publict ordour from the com- mitte of estaites or collectouris generall), and the committees of warr ar heirby requirit to assist the same, and this within 20 dayes efter there re- cept heirof. 9. That the committees of warr and maiestratis of burrowis recommend to all the ministeris within there boundis, to be ernest in exhorting thair people to give in there voluntar contributiouns, whiche must be sent to Edinbrugh with all diligens, for advanceing of the good causs ; and that report be maid of there diligens, wnder the hand of eclie minister, within ane moncth efter there recept heirof. 10. That the committees of warr and maiestratis of burrowis respectiue do dili- gens for sending of the haill siluer wark within there boundis to Edin- brugh, conforme to the printed instructionis thairanent ; and that thay charge befoir thame everie particular persone who ar thought to haue ony siluer wark, to deliuer the samen, vpone securitie, to the vse of the publict ; and suche as compeiris not, or refuses to deliuer what thay haue, to charge thame to compeir befoir the estaites of the committe at Edinbrugh, quhair- anent thir presentis salbe ane warrand ; and all this must be compleitlie done within ane moneth efter the recept heirof. 11. That the whole people in the kingdome, alss weill to brugh as land, be drivillit and exercised frcquentlie, and this is requirit to be done by the collonellis and commanderis of ilk schire ; and the comittees of warr tak present tryall within there boundis of these of the first levie, alss well of the fourt man as of the eight man, and of the troupperis at 2000 merkis of rent, that were not put furth to the army according to there proportiouns ; and to tak a list of what is restand not put furth, either horss or foot, and to causs presentlie furneish them with armes and otheris necessares, and to tak assureans that thay may be reddy vpone tuo dayes aduertesment, to cum furth with 40 dayis loan, and this without preiudice of thair fynes for not cuming furth in dew tyme. Like as the saidis collonellis and com- mittees of warr ar heirby requirit to send be list and roll of the saidis horss and foot yit restand, not cum furth to the committee of estaites, with there names be whome thay ar dew ; and that within a moneth efter there recept heirof. 12. As for the last recrue of the tenth man, and a trouper horss for euerie 6000 merkis of rent, the committes of warr, collonellis, and commanderis ar heirby required to put them all once vpone foot, and to sie thame sufficient- 2 z MEMORIALLS OF THE TRUBLES lie armed, and to tak assurcans that thay may be reddy to cum furtli vpone aduertesment ; and to send the committee of estaites ane roll of the number both of horss and foot whiche may be out-reached, according to the proportioun forsaid, of the saidis recrues furth of echo schire and diuisioun ; and this within a moneth efter there recept heirof. 13. All the volunteris who ar reddy and did offer them selfis to cum furth in October last, and all other gentilmen who haue ony abill horssis and who af- fectis this caus, ar heirby ernestlie desired to be in reddiness vpone the nixt aduertesment. And it is declared, that ane voluntar who pleaseth to cum or send out sail haue ane ansuerabill deductioun of there proportioun of horssis for the recrue, according to ane trouper for eche 6000 merkis rent, providing that befoir thay desert there service they be oblegit to fur- nesh there dew proportioun of horsses according to there rent. 14. Item, that a perfect roll be sent to the comittee of estaites at Edinbrugh of the names of the whole persones that ar receavit and suorne vpone eche committee of warr, and the name of there clerk in ilk diuisioun ; and this within 8 dayes efter there recept heirof. 15. It is heirby declared, that when any of these who are of the ordiner num- ber of the committe of estait sail happin to be abroad in any pairt of the countrie, that thay sail haue place and voice as ane of the ordiner number of the committee of warr in the diuisioun where thay sail happin to be. 16. The committees of estaites, both at Edinbrugh and at the camp, considdering that the instructionis heirtofoir sent to the countrie for the good of the publict haue bene neglectit and altogidder slichtit be the most pairt ; and the saidis committees of estait fynding them selffis oblegit (be the trust and charge committit to them) to provide a tymouss remeid for preventing of suche neglect, and securitie in tyme cuming, lest the not remedying thairof endanger both the countrie and causs now in hand : Whairfore. thay do heirby requyre all and euerie one in there seuerall places and degrees, to whome the obeying of thir instructionis ar incumbent, that they exactlie fulfill and obey the aboue writtin instructionis in everie point thair- of, and mak spedy report of there diligens thairanent, within the tymes prescrived ; vtheruaies these presentis do certify eucry one who salbe de- ficient heirintill, that the nixt instructiouns salbe militarie executioun of poinding be horss trouperis or foot companeis, aganist those who salbe negligent, with libertie of frie quarteris vpone the delinquentis, ay and whill thay do there deutie, and speciallie aganist the committees of warr to whome the executing of publict orderis ar principallie incumbent, and whose bigone neglect in there places hath occasioned all the slighting of the publict orderis throw the countrie. Finis. Thir paperis wes red out by the said Mr. Williame Strathauchin r our pai oche of Sanct Maucher, and wes also red throw all the ANNO 1640. 363 rest of the parochis and marcat crossis of the kingdome, quhilk bred gryte feir in the hairtis of many, wondering at sic peices published Many is wnder feir and but auchtoritie of the King. Bot no remeid. All gave obediens ; obedience perforss for why, there wes none durst say aganes thir proceedinges. Ye hard before, how Abirdene had furneshit there pairt of schoois No sillier wark takin and cloath, sie folio ; bot thair siluer wark escaipit, and wes not outo ir em - takin wp, as wes done both in Edinbrugh and Dundie. Mr. Williame Strathauchin collectit out of the Oldtoun and Spittell boundis about fourtie poundis of contributioun, conforrne to thir Fourty poundis collcelit instructionis. There wes nather man nor wyf, maister nor seruand, 01d Ab .' rdein - » ' * None spairit. student nor scoller, pure nor ritche, bot he serchit for this contri- butioun ; and who voluntarie wold not give, or refuisit to give, there names wes nottit. No doubt but Abirdene payit also of voluntar contributioun the a voiuntar contnbu- soume of , and nather brughe nor land escaipit ; quhair- by honest menis meins, yea pure ones pvrssis, wes daylie pykit be Pvrssis pykit for the one slicht or vther, but warrand fra the King, for mantenans of this g00d eauss ' good causs, albeit the army leivit vpone England sufficientlie be- sydes, as heirefter ye may sie, folio Vpone Mononday 14th December, ane committee holdin at Abir- a commute hoidinat dein, quhair orderis wes givin out for furneshing of victuall out of orderfsforvictuaiitobe the schirefdome of Abirdein, to be send to Newcastell for susteining send to Newcaste11 - of the army, of competent price, vpone band for payment. It wes said, that thair wes send out of the schirefdomis of Abirdene and 12,000 bonis send out of Banff 12,000 bollis victuall. ^ BanT °' Abirdein It wes said about this tyme, that the deputtie of Ireland wes The de P u »y of Ireland, committed. committit, and thairefter wairdit in the Tour of London ; and that The archibUchop of the archibischop of Canterbury wes first committit to the blak rod, a " ter ury committe 1 thairefter to the Tour foirsaid. Like as our Scottis commission- eris, vpone the 16th of December, set out tuo paperis in print, t uo paperis set out by quhairof the tennour follouis :— lgln™n* e ™™, and liuetennand of Ireland. The charge of the Scottishe commissioner is aganist Canlabvric and the livetennatit of Ireland, %c, with sum vther demand, lie — Printed Anno Domini, 1641. The charge of the Scottish commissioncris aganist the prelat of Canterbury. Novatiouns in religioun, whiche ar vniuersallie acknoulegit to be the mane causs of cominotiouns in kingdomes and states, and ar knowne to be the true cans of our 364 MEMORIALLS OF THE TRUBLES present troubles, were many and great, beside the buke of ordinatioun and homilies. 1. Some particular alteratioun in materia of religioun pressed vpone ws, without order and aganist law, contrary to the forme establishit in our kirk ; 2. A new book of cannonis and constitutionis ecclesiastieall ; [3] a leiturgieor book of commoun prayeris, whiche did also cary with them many dangerous erroris in materis of doc- trein. Of all whiche we challenge the prelat of Canterbury, as the prime caus on erth. And first, that this prelat wes the authour and vrger of some particular changes whiche made grite disturbans amongs ws, we mak manifest : 1. By fourtene letteris subscrived W. Cant, in the space of tuo yearis, to one of oure pretendit bischopis, Bannatyne ; wherein he often inioyneth him, and other pretendit bischopis, to appeir in the chappell in there white, contrary to the custom of our kirk, and to his pro- meiss maid to the pretendit bischop of Edinbrugh at the coronatioun, that none of them after that tyme sould be pressed to wear those garmentis, thereby moveing him aganist his will to put thame on for that tyme ; wherein he directeth him to give order for saying the English service in the cheppell tuyss a day, for his neglect schawing him that he wes disappoynted of the bischoprik of Edinbrughe, promesing him, vpone his greater care of these novatiouns, advancement to ane better bischoprik, taxing him for his boldness in preiching the sound doctrein of the reformed kirkis aganist maister Mitchell, who had taught the erroris of Arininius, in the point of the extent of the mercy of Christ ; bidding him send wp a list of the names of the counsallouris and senatouris of the college of justice, who did not communicate in tlic chappell in a forme whiche wes not receavit in our kirk ; commending him when he found him obsequious to these his commandis ; telling him that he had moved the King the second tyme for the pvnishment of suche as had not receavit in the chappell ; and wherein he vpbraideth him bitterlie, that in his first synod at Abir- dene he had only disputed aganes our custome of Scotland, of fasting sum times on the Lord's day ; and presumptuoslie censuring our kirk, that in this we were opposit to Christianetie itself, and that amongst ws there wes no cannonis at all. More of this stuff may be sene in the letteris them selffis. Secondlie — By tuo paperis of memoirs and instructions from the pretendit bischop of Sanct Androis to the pre- tendit bischop of Ross cuming to this prelat, for ordering the eflaires of the kirk and kingdome of Scotland, as not only to obtane warrantis, to order the exchequer, the privie counsall, the great commissioun of surrenderis, the mater of Balmirrinochis process, as micht pleas our prelatis ; but warrantis also for sitting of the heigh com- missioun court once a week at Edinbrugh, and to gane from the noble men, for the benefit of prelatis and there adherentis, the abbaceis of Kelso, Abirbrothok, S. Androis, and Lundoiris ; and in the smallest materis to receave his commandis, as for the taking doun galleries and stone wallis in the kirkis of Edinbrugh and S. Androis, for no other end but to mak way for altaris, and adoratioun touardis the eist ; whiche, besides vther euillis, maid no small noyss and disturbance amonge the people, deprived heirby of there ordinary accomodatioun for publict worschip. The second novatioun whiche troubled our peace wes a book of cannons and con- stitutionis ecclesiastieall obtruded vpone our kirk, found by our generall assemblie to ANNO 1040. 305 be devysed for establishing of a tyrranicall pouer, in the personcs of our prelatis, over the worschip of God, over the consciences, liberteis, and goodis of the people ; and for abolishing the whole disciplyne and government of our kirk, by generall and pro- vinciall assembleis, presbitreis, and kirk sessionis, whiche wes setled by law, and in continuall practeiss since the tyrae of reformatioun : That Canterbury wes maister of this wark is manifest, By a book of cannons sent to him. writtin vpone the one syde only, with the other syde blank for corrections, additionis, and putting all in better order at his plesour ; whiche accordinglie wes done, as may appear by interlyninges, marginallis, and filling wp of the blank page* with directionis sent to oure prelattis ; and that it wes done by no other then Canterbury, is evident by his magisteriall way of prescribing, and by a new coppie of these cannonis, all writtin with Sanct Androis owne hand, preceisly to a letter, according to the former castigationis sent bak for procureing the Kingis warrant vnto it, whiche accordinglie wes obtaned ; but with ane additioun of sum vther cannons, and a paper of sum other corrections : According to whiche, the book of cannons thus composed wes published in print, the inspectioun of the bookis, instructionis, and his letteris of joy for the succes of the work, and of otheris letteris of the prelat of London and the Lord Sterling to the same purpos ; all whiche we ar reddy to exhibit, will put the mater out of all debate. Besides this generall, there be some thingis more speciall worthie to be adverted vnto, for discovering his spirit. - 1. The 4th cannon of cap. 8. For as much as no reformatioun in doctrcin or disciplyne can be maid perfect at once in any churche ; therefore, it sail and may be lauchfull for the churche of Scotland, at any time, to male remonstrant to his Majestic or his successonris, $c. Becaus this cannon holdeth the durr open to more innovationis, he writeth to the prelat of Ross, his privie agent in all this work, of his great gladnes that this cannon did stand behind the curtane, and his great desire that this cannon may be -printed follie, as one that wis to be most vse- full. Secondlie — The title prefixed to these cannons by our prelatis, Cannons agreed vpone to be proponed to the scuercdl Synods of the kirk of Scotland, is thus changed by- Canterbury : Cannonis and constitutionis ccclesiasticall, §c, ordaned to be observed by the clergie. He will not haue cannonis to cum fra the auchtoretie of synodis, but from the power of prelatis, or from the Kingis prerogatiue. Thridlie — The formida- bill cannon, cap. 1. 3., thrcatning no less then excomvnicatioun aganes all suehe per- sones whosoeuer sail oppin thair mouthis aganist any of these bookis, proceedit not from our prelatis, nor is to be found in the coppie sent from them, but is a thunderbolt forged in Canterburyis owne fyre. 4. Our prelates in diuerss places witness there dislyk of papistis. A minister salbe deposed if he be found negligent to convert papistis, cap. 18. 15. The adoratioun of the bread is a superstition to be con- dempned, cap. 6. 6. Thay call the absolut necessitie of baptisme ane error of poperie, cap. 6. 2. But in Canterburyis editioun, the name of papistis and poperie is not so muche as mentiound. 5. Oure prelatis haue not the boldnes to trouble ws in there cannons with altaris, fonts, chancells, reiding of a long liturgie befoir sermon, &c. ; but Canterbury is punctuall and peremptorie in all these. 6. Althogh the wordis of the tenth cannon, cap. 3., be fair, yit the wicked intentionis of Canterbury 366 MEMORIALLS OF THE TRUBLES and Ross may be sene, in the poynt of justifieatioun of a synner befoir God, by coni- pareing the cannon as it cam from our prelatis, and as it wes returned from Canter- bury and printed. Oure prelatis say thus : It is manifest that the superstition of former ages hath turned into a great profaneness, and that people ar grovune cold for the most parte, in doing any good, thinking there is no place to good workis, becatis they ar excludit from iuslificatioun. Therefore sail all ministeris, as there text givclh xyyisiuini , vrgr th> ))ce< «r/f /«• of ./•>"•' virh's, as thay wold 1" savnl, and remember that thay ar via regni, the way to the kingdome of hevin, though not causa regnandi, howbeit thay be not the causs of saluatioun. Here Ross giveth his judgment, that he wold haue this cannon simply commanding good works to be preichit to the people, and no mentioun made what place thay haue or haue not in justifieatioun. Vpone this motioun so agreeable to Canterbureis mynd, the cannon is set doun as it standeth, without the distinctioun of via regni or causa regnandi, or any word sounding that way, vrgeing only the necessitie of good workis. 7. By compareing can 9. cap 18., as it wes sent in writting from oure prelatis, and as it is printed at Canterbureis com- mand, may be also manifest, that he went about to establish auricular confessioun, and popish absolutioun. 8. Oure prelatis were not acquainted with cannons for in- flicting of arbitrarie penaliteis ; but in Canterburyes book, wheresoeuer there is no penalitie expreslie set doune, it is provided that it salbe arbitrary, as the ordinary sail think fittest. By these, and many other the like, it is apparent what 1 tirranicall pouer he went about to establish in the handis of our prelatis, over the worschip and the soullis and goodis of men, over-turning from the foundatioun the haill order of our kirk, what seedis of popery he did sows in our kirk, and how large ane entrie he did mak for the grossest novatiomis efteruard, whiche hath hene a mayn cause of all there combustioun. The thrid and great novatioun wes the booke of commoun prayer, administratioun of the sacramentis, and other pairtis of divyne seruice, brocht in, without warrand from our kirk, to be vniuersally receaved, as the only forme of divyne seruice, wnder all hiest panes both ciuill and ecclesiasticall ; whiche is found by oure nationall as- sembly, beside the popish frame and formes of divyn worschip, to contane many popish erroris and ceremoneis, and the seedis of manifold and gross superstitionis and idolatreis, and to be repugnant to the doctrein, disciplyne, and order of our reforma- tioun, to the Confessioun of faith, constitutionis of generall assembleis, and actis of parliament establishing the true religioun : That this also wes Canterburyis work we mak manifest. By the memoiris and instructions sent vnto him from our prelatis, wherein thay give a speciall accompt of the diligens thay had vsit to do all whiche heirin thay war enjoyned, by the approbation of the service book sent to them, and of all the mar- ginall correctionis wherein it varieth from the English book, showing there desire to haue sum few thinges changed in it, whiche notwithstanding wes not granted : This we fynd writtin by Sanct Androis owne hand, and subscribit by him and nine other of our prelatis. By Canterbureis owne letteris, witnesses of his ioy when the book wes reddy for the press, of his prayeris that God wold speed the work, of his hope to sie that service set wp in Scotland, of his diligens to send for the printer, and ANNO 1640. 367 directing him to prepare a blak letter and to send it to his servantis at Edinbrugh for printing this bookis, of his approbatioun of the prooffis send from the press, of his fear of delay in bringing the work spedilie to ane end, for the great good (not of that churche, but) [of] the churche, of his encourageing Ross, who wes entrusted with the press, to go on in this peice of scruice without feir of ony enemeis. All whiche may be sene in the autographs, and by letteris sent from the prelate of London to Ross, wherein as he rejoyseth at the sight of the Scottish cannons, whiche, although it sould mak sum noyss at the begining, yit they wold be more for the good of the kirk then the cannonis of Edinbrugh for the good of the kingdome. So concerning the leturgie, hee sheweth that Ross had sent to him to haue ane explanatioun from Canterburie of some passage of the service book, and that the press behoved to stand quhill the explanatioun cam to Edinbrugh, whiche, therefore, he had in haist obtaned from his grace, and sent the dispatch away by Canterbureis owne con- veiance. But the book it self, as it standeth interlyned, margined, and patched wp, is muche more then all that is expressed in his letteris ; and the changes and supple- ments them selves, taken from the masse book and vther Romish rituallis, by whiche he inaketh it to vary from the book of England, are more pregnant testi- moneis of his popish spirit and wicked intcntionis, whiche he wold haue put in execu- tioun vpone ws, then can be denyed. The lairge declaratioun professeth, that all the variatioun of our book from the book of England, that euer the King wnderstood, wes in suche thinges as the Scottish humouris wold better comply with, then with that whiche stood in the English service. These popish innovations, therefore, haue bene surrepetitiouslie inserted by him, without the Kingis knoulege, and aganist his purpose. Oure Scottish prelatis do petitioun that some thinges may be abated of the English ceremoneis, as the cross in baptisme, thee ring in mareage, and some other thingis. But Canterburie will not only haue these thingis kept, but a great many more and worse superadded, whiche wes nothing elss, but the adding of fewall to the fyre. To express and discover all, wold require a whole book, we sail onlie touche sum few in the mater of the communioun. This book inverteth the order of the comunioun in the book of England, as may be sein by the numberis setting down the orderis of this new comunioun, 1, 5, 2, 6, 7, 3, 4, 8, 9, 10, 15. Of the diuerss secret ressones of this change, we mentioun one only, In ioyning the spirituall praiss and thankesgiving, which is in the book of England pertinentlie after the communioun, with the prayer of consecratioun be- fore the communioun, and that wnder the name of memoriall or oblatioun, for no other end, but that the memoriall and sacrifice of praiss, mentioned in it, may be wnderstood according to the popish meaning, Bellar. de Missa., lib. 2, cap. 21, not of the spirituall sacrifice, but of the oblatioun of the body of the Lord. It seimeth to be no great mater, that without warrand of the book of England, the presbiter going from the north end of the table, sail stand dureing the tyme of con- secratioun at suche a parte of the table, where he may with more eass and decency vse both handis ; yit being tryed, it importeth muche, as that he must stand with his hynder pairtes to the people, representing (saith Durand) that whiche the Lord said 368 MEMORIALLS OF THE TRUBLES of Moises : Thow sail see my hinder partes. He must haue the vse of botli his handis, not for any thing he hath adoe about the bread and wyne, for that must be done at the north end of the table, and be better sein of the people ; but (as we ar taught by the rationalistis) that he may be stretching forth his armes to represent the extensioun of Christ on the cross, and that he may the more convenientlie lift wp the bread and wyne aboue his heid, to be sein and adorit of the people, who, in the rubrick of the generall confessioun, a litle before, ar directed humely to kneill on there kneis, that the preistis elevation so magnified in the masse and the peoples adoratioun, may go togidder, that in this posture, speiking with ane low voice and muttering, (for sum tymes he is commandit to speak with a loud voice and distinctly) he be not hard by the people, which is no less a mocking of God and his people, then if the wordis were spokin in ane vnknowne language. As there is no word off all this in the English seruice, so doeth the book in King Eduardis tyme give to euerie presbiter his libertie of gesture, whiche yit gave suche offens to Bucer, the censurer of the book : and evin in Cassanderis owne judgement, a man of grite moderatioun in materis of this kynde, that he calleth them Nunquam satis execrandos miss(e gestus, and wold haue them to be abhorred, becaus thay confirme to the simple and supersti- tious ter impiam et exitialem missce fiduciam. The corporall presens of Christis bodie in the sacrament is also to be found heir ; for the wordis of the masse book serving to this purpose, whiche ar scharplie considdered by Bucer in King Eduardis lyturgie, and ar not to be found in the book of England, ar takin heir ; Almightie God is incalled, that of his Almightie goodness he may vouchafe so to bless and sanctifie with his Word and Spirit, these giftis of breid and wyne, that thay may be wnto ws the bodie and blood of Christ. The change heir is maid a work of God's omnipotency ; the wordis of the mass, nt fiant nobis, are translated in King Eduardis book, that they may be vnto ws, whiche ar agane turned into Latyne by Alesius, lit fiant nobis. On the vther parte, the expressionis of the book of England, at the delyuery of the elementis, of feeding cn Christ by faith, and of eating and drinking in rememberans that Christ deit for thee, ar vtterly dileated. Many evidencies there be, in this parte of the communioun, of the bodylie presens of Christ, veray agreable to the doctreins taught by his secre- tareis, which this paper cannot contane. Thay teiche ws, that Christ is received in the sacrament, corporaliter, bothe obiectiue and subiectiue ; corpus Christi est obiectum quod recipitur, et corpus nostrum subiectivum quo recipitur. The book of England abolisheth all that may import the oblatioun of ony vnbloodie sacrifice ; but heir we haue besydes the preparatorie oblatioun of the elementis, whiche is neither to be found in the book off England now, nor in King Eduardis book of old, the oblatioun of the bodie and blood of Christ, whiche Bellarmyne calleth Sacrificium laudis, quia Deus per Mud magnopere laudalur. This also agrieth well with this there lait doctrein. We ar reddy, when it salbe judged convenient, and we salbe desired, to discover muche more materis of this kynd, as groundis laid for Missa sicca, or the half mass, the privat masse without the people, of communi- cating in one kynd, of the consumptioun by the preist, and consumatioun of the sacrifice, of rebeaving the sacrament in the mouth, and not in the hand, &c. ANNO 1640. 369 Oure supplicationis were many aganist these bookis, but Cant : procured them to be ansuerit with terribill proclamationis. We were constraned to vse the remedy of protestatioun ; but for our protestationis, and other lauchfull meanis, whiche we vsed for our delyverans, Cant : procured ws to be declared rebellis and traittouris in all the paroche kirkis of England. When we were seiking to posses our religioun in peace aganist the devyses and novations, Canterbury kindled warr aganist ws. In all these it is knowne, that he wes, although not the sole, yit the principal! agent and advyser. When by the pacificatioun at Bervick, bothe kingdomes looked for peace and quyetnes, he spaired not, openly in the heiring of many, often befoir the King, and priuatlie at the counsall table and the privie jointo, to spcik of ws as rebellis and traittouris, and to speik aganist the pacificatioun as dishonorable, and meit to be broken. Nether did his malignancie and bitterness euer suffer him to rest, till a new warre was entered vpon, and all thinges prepared for our distructioun. By him wes it, that our covenant, approvin by nationall assembleis, subscribed by his Majesteis commissioner, and by the lordis of his Majesteis counsall, and by them commanded to be subscrived by all the subicctis of the kingdome, as a testimony of our deutie to God and the King, by him wes it still called vngodlie, damnable, tressonabill. By him were oathis invented, and pressed vpone diuerss of oure poore countrie men, vpone the pane of imprissonment, and many misereis whiche were vnwarrantabill be law, contrary there nationall oathe. When our commissioneris did appear to render the ressonis of our demandis, he spared not, in the presens of the King and committee, to raill aganist our nationall assembly, as not daring to appeir befoir the world and kirkis abroad, where him self and his actionis were able to endure tryell, and aganist oure just and necessary de- fens, as the most malitious and tressonabill contempt of monarchicall government that any bygone age had haird of. His hand also wes at the warrant for the re- straint and imprissonment of our commissioneris sent from the parliament, warranted by the King, and seiking the peace of the kingdomes. When we had, by oure Declaratiouus, Remonstrances, and representations, mani- fested the truthe of oure intentiouns and lauchfulness of oure actionis to all the good subiectis of the kingdome of England, when the late parliament culd not be moved to assist or enter in warre aganist ws mantaneing our religioun and liberteis, Canter- bury did not onlie advyss the braking wp of that heighe and honorable court, to the great greif and haserd of the kingdome, but (whiche is without example) did sit still in the convocatioun and mak cannonis and constitutionis aganist ws and our just and necessary defens, ordaning wnder all highest panes, that heirefter the clergie sail preache, four tymes in the year, suche doctrein as is contrary not onlie to our pro- ceidingis, but to the doctrein and proceidingis of other reformed kirkis, to the judge- ment of all sound divynes and pollitiques, and tending to the vtter slaverie and ruining of all estaites and kingdomes, and to the dishonor of kingis and monarchis. And as if this had not bene sufficient, he procured six subsideis to be lifted of the clergie, wnder pane of deprivatioun to all that sould refuse. And whiche is yit worss, and aboue whiche malice it self can not asend, by his meanis a praier is 3 A 370 MEMORIALLS OF THE TRUBLES framed, printed, and sent throgh all the parochis of England, to be said in all churches in tyme of divyne seruice, nixt after the praier for the Queen and roiall progeny, aganist our natioun, by name of traitterouss subiectis, haueing cast af all obedience to our anoynted Soveraigne, and cuming in a rebellious maner to invade England, that schame may cover oure faces, as enemeis to God and the King. Whosoeuer sail impartiallie examein what hath proceidit from him self in these tuo bookis of cannons and commoun prayeris, what doctrein hath bene published and printed these yearis bypast in England by his disciples and emissareis, what gross poperie in the most materiall poyntis we haue found, and ar reddic to schow in the posthume writtingis of the prelat of Edinbrughe and Dumblane, his owne creatures, his neirest familiars, and most willing instrumentis to advance his counsells and proiectis, sail perceive that his intentionis were deep and large aganist all the re- formed kirkis and reformatioun of religioun, whiche in his Majesteis dominiouns wes panting, and by this tyme had randered wp the ghost, if God had not in a won- derfull way of mercie prevented ws ; and that if the Pope him self had bene in his place, he could not haue bene more popish, nor could he more zealously haue ne- gotiated for Rome aganist the reformed kirkis, to reduce them to the hereseis in doctrein, the superstitionis and idolatrie in worschip, and the tirrany in government, whiche ar in that see, and for whiche the reformed kirkis did separat from it and cam furth of Babell. From him ccrtanelie hath issued all this deluge whiche almost hath overturned all. We therfore ar confident, that your lordschipis will by your meanis deall effectuallie with the parliament, that this great fyre-brand be presentlie removed from his Majesteis presens, and that he may be put to tryell, and put to his deserved censure according to the lawis of the kingdome ; whiche sal be good seruice to God, honor to the King and parliament, terror to the wicked, and comfort to all good men, and to ws in speciall, who by his mcins principally haue bene put to so many and grevous afflictionis, wherein we had perished if God had not bene with ws. We do indeed confes, that the prelatis of Ingland have bene of veray different humoris ; sum of them of a more hot, and otheris of them, men of a more moderat temper ; some of them more, and sum of them less inclynable to popery ; yit what knowne truthe and constant experience hath maid vndenyabill, we must at this op- pertunitie profes, that from the first tyme of reformatioun of the kirk of Scotland, not onlie efter the cuming of King James of happie memorie into England, but be- foir, the prelatis of England haue bene by all meinis vncessantlie working the over- throw of our disciplyn and government. And it hath cum to pas of late, that the prelatis of England haueing prevaillit and brought ws to subiectioun in the poynt of government ; and finding there long waited for oppertunitie, and a fair congruitie of many spirites and poweris, reddie to operat for there endis, haue maid a strong assault vpone the whole externall worschip and doctrein of our kirk. By whiche there doing thay did not aime to mak ws to reforme to England, but to mak Scot- land first, (whose waiknes in resisting, thay had before experienced in the novationis of government and of some pointis of worschip) and therefter England, conforme to Rome, evin in these raateris wherein England had seperated from Rome euer since ANNO 1640. 371 the tyme of reformatioun ; ane euill therefore, which haue issued, not so muche from the personall dispositioun of the prelatis themselffis, as from the innate qualitie and nature of the office and prelaticall hierarchy, whiche did bring forth the Pope in auncient tymes, and never ceaseth till it bring forth popish doctrein and worschip where it is ons rooted, and the prineipallis thereof fomented and constantlie followed, and from that antipathie and inconsistency of the tuo formes of ecclesiasticall govern- ment whiche thay conceived, and not without caus, that one iland, vnited also wnder one head and monarche, wes not able to bear ; the one being the same in all the pairtes and poueris, whiche it wes in the tyme of popery, and now is in the Romane ehurche ; the other being the forme of goverment received, mantened, and practised by all the reformed kirkis, wherein, by there owne testimonies and confessionis, the kirk of Scotland had amongst thame no small eminency. This also we represent to your lordschippis most serious consideratioun, that not only the firebrandis may be re- moved ; but that the fyre may be provided aganes, that there be no more combustioun after this. Finis. With this paper, kynt togidder in ane volum, follouit ane vther printed peice, tending thus : — The Charge of the Scottish Commissioners aganist the Liuetennaad of Ireland. In oure Declarations, we haue joyned with Canterbury the lord liuetennant of Ire- land, whose malice hath set all his wit and pouer on worke, to devise and do mischeif aganes our kirk and countrie. No other caus of his malice can we conceive, but 1, his pride and supercileous dis- dayne of the kirk of Scotland, whiche, in his opinioun, declared by his speiches, hath not in it almost any thing of a kirk, althogh the reformed kirkis, and many worthy divynes of England, haue givin ample testimony to the reformatioun of the kirk of Scotland. Secondlie — Our owne oppositioun aganist the dangerous innovatioun of religioun, intended and very far promoved in all his Majesteis dominionis ; of whiche he hath schewed him self, in his owne way, no less zealous then Canterbury him self, as may appeir by his advanceing of his chaplane, D. Bramble, not only to the bischoprik of Derry, bot also to be vicar gencrall of Ireland, a man prompted for ex- alting of Canterburian popery and Arniinianisme, that thus him self micht haue the pouer of bothe suordis aganist all that sould mantane the reformatioun ; by his bringing of Doctor Chappell, a man of the same spirit, to the vniuersity of Dublyne, for poisoning the fountanes and corrupting the seminareis of the kirk. And thridly, when the primate of Ireland did presse a new ratificatioun of the articles of that kirk in parliament, for barring suche novationis in religion, he boldly manassed him with the burning, by the hand of the hangman, of that confessioun, althogh con- firmed in former parliamentis. When he found that the reformatioun begun in Scotland did stand in his way, he left no meanis vn-essayed to rub disgrace vpone ws and our causs. The peeces 372 MEMORIALLS OF THE TRUBLES printed at Dublin, Examen coniurationis Scotican veveillit ane band maid wp by diuerss lordis, whereof him- content maid wp. se jf wes on6) f 0U ndit vpon sum miscontentment, not aganist the covenant, but aganes the Erllis of Argyll, Rothass, the Lordis Lyndsay, Lovdoun, Balmyrrinoche, Couper, and sum otheris, who tuke vpone thame to reull and gyd all, and to oversie as worthie nobles as thame selffis in the publict bussines. Schortlie efter this revelatioun the Lord Boyd deceisis. This band wes maid wp and The makeris of this subscrivit be the Erllis of Montross, Marschall, Mar, Stratherne, Southesk, Seafort, Wigtoun, Perth, Lord Neper, Lord Amound, and some vtheris, as wes said. The committe of estaites thocht havie Montross produces this of this. Thay ar accusit, thay confes and produces the band, quhilk iusbrynt. i s brynt in the fyre. Montross producit the band. Sie more, folio . Mononday, 28th December, Mr Gilbert Ross minister at Elgyne, accompaneit with the young laird Innes, the laird Broddy, and sum The uartitioun tymber vtheris, and but auchtoritie brak doun the tymber partitioun wall o I a ^ 0 Jn 1 d e ung 0l doun ki, ' k divyding the kirk of Elgin fra the queir, quhilk had stand sen the reformatioun, nar sevin scoir yeires or aboue. On the wast syde wes painted in excellent cullouris, illuminat with starris of bright gold, the crucefixing of our blessed Saueour Jesus Christ. This peice wes so excellentlie done, that the cullouris nor starris never a excellent peice, in- faidit nor evanishit, bot keipit haill and sound, as thay were at the begining, notwithstanding this colledge or channonrie kirk wantit the rooff sen the reformatioun, and no haill wyndo thairin- till to saif the same from storme, snaw, sleit, or weit, quhilk myself saw, and mervallous to considder. On the vther syde of this wall, touardis the eist, wes drawin the day of judgement. Aluayes all is throwne doun to the ground. It wes said, this minister causit bring ANNO 1640. 377 hame to his hous the tymber thairof, and hurne for serving his tu minister buruis th< keching and vther vses ; bot ilk nicht the fyre went out that it wes l y "t oiTthe night!" g °" brunt, and could not be haldin in to kyndle the morning fyre, as vse is ; whairat the servandis and vtheris mervallit, and thairvpone the minister left of and forboor to bring in or burne ony more of that n e forbearis tobyn o»} tymber in his hous. This wes markit, spred throw Elgyne, and H° ,r j eceiS8is also, crediblie reportit to myself. Sie when he wes transportit thair, folio 1 * 1 A boldness without folio 257. A boldness, but warrand of the King, to distroy churches ; auchtoritie to demolish yit is done at command of the assemblie, as wes said. The foirsaid Mononday, proclamation maid at the cross of Abir- Both Abirdeins chargit dene, chargeing and commanding both Newtoun and Oldtoun to fur- IndThone to i neish out to Generall Lesleis army, and to ilk soldiour thairof, ane Leslyis soIdiouris - stand of gray clothis, tua sarkis, tua pair of schois, wnder the pane of plundering. Serche wes maid, bot found thay war not abill tothetoui do the samen, inrespect of provisioun maid be thame abefoir to sum of the same soIdiouris, as ye may sie befoir, folio "256. Quhair- vpone order wes givin out to serche the countrie for gray hvdis, and ibe country serchit and . i ii • /• payit out of the contribu- gray claith, and sarkmg cloth, and to pay the selleris out of the toun tioun. of Abirdein there voluntar contributioun, as ye hard befoir, folio . Sic as might be gottin wes brocht in and furneshit, bot the tail- zouris and cordineris of both Abirdenes wes zokit to wark to mak AWrdene* wirkis the wark tur nocht. wp thir clothis, schoois, and sewsteris to sew sarkis, bot gat no thing for there trauellis. And thir commoditeis wes perforce brocht in to the tonne fra the porre people be ane pairtie of sol- The p° 0,e countrie ..... i-iii i • people harllit to the diouns direct out to ryp, serche, seik, and tak quhair euer thay toune. micht be found. 3 B APPENDIX APPENDIX. No. I. BURNING OF THE TOWER OF FRENDRAUGHT. This singular and inexplicable tragedy seems to have created a universal feeling of horror at the time of its occurrence. It occupies a prominent place in many of the histories of the period, and it has not been left uncelebrated in the ballad literature of the district. The most authentic notices of the event are to be found in the Records of the Privy Council of Scotland, and of the Court of Jus- ticiary ; and it has been thought that no commentary could more fitly illustrate the quaint narrative of Spalding, or more adecpiately represent the troubled times during which he wrote, than a collection from these records of the most striking facts which were elicited in the attempts so strenuously made to penetrate the mysterious obscurity with which this deed of darkness was surrounded. It will be seen how much incidental light is at the sametime thrown on the state of judicial practice of the criminal law of the period. It would appear that popular suspicion had at once been fixed on the laird of Frendraught, and more especially on his wife, as the authors of the calamity. It was obviously under the influence of such suspicions that the laird, about three weeks after the date of the fire, took the step recorded in the following minute of the Privy Council : — Apud Halyrudhous secundo die mensis Noveinbris 1630. Sederunt — Chanceller, Linlithgow, Lord Melvill, Thesaurar, Wintoun, Clerk of Register, President, Lauderdaill, Advocat, Priuie Seale. Lord Areskine, Justice Clerk, Sir James Baillie. The whilk day, in presence of the lords of secreit counsall, compeired personallie James Crichtoun of Fendraucht, and declared that immediately after that unhappie and deplorable burning of his toure of Fendraucht, and of some noble persons and others being thairin, committed be some devilish and odious plotters agains him, his lyfe and estate, in the moneth of October last, the said James Crichton of Fendraucht, pairtlie out of greefe of mvnde, and p'airtlie for ischewing anie sudden violence whilk might be used agains him. he addrest himselfe to the brugh of Perth, where George, Viscount of Dupline, Lord High Chanceller of this kingdome. had his residence ; and there humbelie desired the said Lord Chanceller to protect him from all violence and injustice, and to tak diligent tryell of the 382 APPENDIX. committers of the said haynous fact, and offered himself'e readie to undergoe vhatsomever tryell for anie appearance of suspicioun which might arise agains him, upon the occasioun of the burning of the persons foirsaids within his towre. Likeas, now, the said laird of Fendraucht being cum to the burgh of Edinburgh with the said Lord Chanceller, and being personallie present this day in counsell, he repeated his former declaratioun in presence of the whole counsell, and humbelie intreated thame to make diligent search and inquisitioun for trying the actours and committers of the said odious and treasonable fact, and for his awin part to testifie his innocencie wes content to act himselfe ; lykeas, be thir presents he actit himselfe to compeir personallie before the saids lords whenever he sail be lawfullie charged to that effect, under the pane of ane hundreth mcrkes. The lords of secreit counsell having heard the relatioun of James Crichtoun of Fen- draucht . . . finds and declares, that the said Lord Chanceller in his accepting of the said James Crichtoun in his hous and companie, and keeping him till the day that the said James exhibite himselfe personallie before the counsell, did good and acceptable service to his Majestie, and conformed himselfe to the credite and deutie of his place and office in everie point. On the 4th of November, a commission was granted to George Lord Gordon. William Lord Hay, and Sir Robert Gordon, knight baronet, " to apprehend and exhibit before the Privy Council the persons of John Meldrum in Ridhill, and William Murray, Robert Wilson, and Robert Ridfurde his servants, on account of the pregnant suspicions that they have been upon the knowledge, counsell, device, and executioun of that most barbarous, inhumane, and treasonable fire- raising within the place of Frendraught." On the 30th of November, commission was granted to the Lord Gordon, Lord Hay, and Lord Desfurde, for apprehending " John Toshe, maister household to the laird of Frendraucht, Thomas Jose his Stewart, Johne Gib his gairdner, and Robert Bewlie his cooke," to be examined on the subject of the fire. On the 23rd December, commission was granted to George Lord Gordon, William Lord Hay, Arthur Lord Forbes, and James Lord Desfurde, for appre- hending certain friends and servants of the laird of Frendraucht. The list is in- teresting from the view which we are enabled from it to obtain of the various retainers which then formed the following of a wealthy and powerful baron of the lesser order. The persons who were to be seized were : — Robert Crichtoun of Conland, William Robertson, servitour to Robert Somervell, Fren- draucht'6 man, John Bewlie, sonne to Robert Bewlie, and William Bucke, alsua his servant, James Meates, fisher, George Hempseid, schoolmaister Fraser, skudler 3 in Fen- draucht, Alexander Jacke, greeve there, William Robertson, Androw Home, James Forbes, footman there, Jacke and Tumour, kitchine boyes in Fendraucht, Marioun Learmonth, wardropper, Christiane Turroun, Christiane Clerk, and Margaret M'Kiesone. servants in Fendraucht, George Abircrombie, servitour to John Beatoun, Johne Robert- son, servitour to George Chalmers, Robert Fraser, servant in Fendraucht, Johne Chalmer, brother to George Chalmer, footman, Anderson, prest, James Wishart, pleasant, wherever they may be apprehendit, and to bring, present, and exhibite thame before the saids lords, to be examined upon the burning foresaid. The following persons were also ordered to attend and give evidence: — George Chalmer in Xoth, Mr. Harie Seatoun of , George Davidson, sone to • Skudler. The manager of a feast ; the master of ceremonies ; the leader in a band of maskers. (Jamie- son Diet.) APPENDIX. 383 Janet Moriesone, Alexander Leslie in Ernhill, Adam Straucliane there, Thomas Burnet of Cam ph ell, Androw Burnet his brother, Mr. Gilbert Keith, minister at Bourtie, James Blacke there, William Garioche of Tillichetlie, Mr. Thomas Melvill, minister at Dyee, William Ogilvie. brother to the said Lord Ogilvie, Fraser his servant, Alexander Garden in Murealehous, John Gordoun in Leyludge, Mr. John Reid, minister at Tarlen, David Duncan, servant to Peter Rollock. On the 27th January, 1631, a committee of the council was named for examin- ing the laird of Frendraught and his servants. The result does not appear ; but, on the first of February, The lords allowes the ladie Fendraucht, Magdalene Inneis, and Christian Chalmers, to returne home ; and the laird of Fendraucht obleist himselfe for exhibitioun of Christiane Chalmers, when he sail be required, betuixt and Witsonday next. On the same day, their lordships granted commission to William Erll Marischal, Patrik, bishop of Abirdene, John, bishop of Murray, James Lord Ogilvie, David Lord Carnegie, and Colonel Harie Bruce, Or anie three of thame conjunctlie to make thair addresse to the place of Fendraucht with convenient diligence, and at suche tyme as they sail appoint, and there to sight and view the hous of Fendraucht, and to consider the frame and structure thareof, and how and by what meanes the fire wes raised within the same, and if the fyre wes accidentall or done of sett purpose by the hand of man, and if thare be ane possibilitie or probabilitie that the tire could nave beene raised be anie persouns without the hous, and that they report thair proceedings, and what they sail find thairin formallie in writt under thair hands to the saids lords, upon the twentie day of this instant, for doing whereof, the extract of these presents shel be unto the saids commissioners ane sufficient warrand. On 4th April, the laird of Frendraught presented a supplication to the Privy Council regarding the delays which had occurred, and repeating his earnest de- sire to have "that hiddin mysterie brought to a cleare light." On the 20th of April the commissioners, who had been appointed to visit the place of Frendraught, reported to the council in the following terms : — At Fendraucht the threttene day of Aprile, the yeere of God jaj vie and threttie ane yeeres, we under subscryvers, for obedience of ane ordinance and warrand gevin be the lords of his Majesteis most honnourable priue counsell, made our addresse to the hous of Fendraucht, and considerit the frame and structure thairof, for tryell how and be what meanes the fire wes raised within the same, and whether the fire wes accidentall, or done of sett purpose be the hand of man ; and if there be ane possibilitie or probabilitie that the tire could have been raised be ane persoun without the hous, and having seghted and ex- amined the samine, with ane voice and consent rcsolwes as followes : We finde be all likliehoode, that the fire whairby the hous wes brunt wes first raised in ane vault, whairin we find evidences of fire in thrie sundrie parts ; one at the farthest end thairof, another towards the middes, and the third on that gavell which is harde by the hole that is under the bed whiche wes in the chamber above. Your good lordships will excuse us if we de- termine not concerning the fire, whether it wes accidental or of sett purpose by the hand of man ; onelie this muche it seemeth probable unto us, after consideratioun of the frame of the hous, and uther circumstances, that no hand without could have raised the fire without aide from within. In witnes whairof, we have subscribed thir presents with our hands : Patrick Abcrdene, John bishop of Moray, James Lord Ogiluy, Carnegy, Henry Brus. :5S4 APPENDIX. The council seem to have been utterly at a loss how to arrive at any conclusion in the matter ; and, in the absence of any solid ground of procedure, to have been moved to adopt such new measures for elucidating the fact, as were sug- gested by the passing rumours of the day. On .5th July, 1631, The lords of secreit counsell are crediblie informed that Margaret M'Kesone, lait nurse to the Ladie Fendraucht, lies beene upon the counsell, device, and executioun of the trea- sonable fireraising and burning of the Lord Melgume, the laird of Rothiemay, and others within the toure of Fendraucht, in the moneth of October last, for the better tryell and eleering of whiche business, necessar it is that the said Margaret be exhibite before the counsell, there to be examined concerning her knowledge of the said fact ; thairfoir the saids lords hes given and grantit, and be the tennour heirof gives and grants full warrand, power, and commissioun to George Lord Gordon, and to such others as he sail appoint, for whoine he sail be answerable, to pass, searche, seeke, and take the said Margaret M'Kie- sone where ever she can be apprehendit, and to bring, present, and exhibite her befoir his Majesteis counsell, to be tryed and examined upon such particular interrogators as sail be given in agains her concerning the purpose aforesaid, firme and stable halding and for to halde, all and whatsomever things the saids commissioners sail lawfullie doe herein. Her examination does not appear, but it probably led to no useful result. On 5th June, 1632, in consequence of a missive to the Privy Council from his Majesty, expressive of his desire, that for better cleering of the truthe tuiching the burning of the toure of Frendraucht, and that justice may be executed upon whosoeuer sould be found guiltie of so odious and barbarous a fact in the most ex- emplarie maner, l< they would imploy one da\' in euerie weeke upon the exact tryell of the samyne." The lords Hes thought meit, and ordained that there sail be ane weeklie meeting twise everie weeke in the forenone, in the laigh counselhous of Edinburgh, anenl the mater foresaid, and that thair first meeting sail be upon Thursday next at ten of the cloacke in the forenone, and ordains these of the counsel that ar upon the sessioun to be excused from thir meetings. On the same day, another missive from his Majesty was read, enjoining the lords to proceed to put Johne Meldrum to his trial by torturing him according to their previous act, if they find no new reason to the contrary. On 28th June James Chrichtoun of Frendraucht compeared before the lords, and declared that he " would concurre with the Marqueis of Huntlie and other noblemen interested, in persute of John Meldrum, and tryell of his guiltines tuiching the burning of the hous of Frendraucht, bot would not insist nor urge be himselfe more then is alreadie done." On the same day Williame Erie of Errol for himselfe, and in name of the ladie Abovne his sister, and George Lord Gordoun for himselfe, and in name of George Marqueis of Huntlie his father, compeirand personallie before the lords of Priuie Counsell, declared that they would insist in the persute of Johne Meldrum and Johne Toshauche. On 17th July, 1632, James Crichtoun of Fendraucht, togidder with Mr. James Baird his procuratour. compeirand personallie before the lords of Privie Counsel, protested that the said James being declared free and innocent of the burning of his nous of Fendraucht, and of the noblemen and others being thairin for the tyme, he may have action agains the Mar- queis of Huntlie and Lord Gordoun for damage and expensis. APPENDIX. 385 On 2f)tli July James Crichton, on the one part, and James Leslie, apparent of Pitcaple, for himself and his friends, who had been charged as parties anent the burning of the house of Frendrancht, on the other part, submitted to the determi- nation of George Viscount Dupline, Lord High Chancellor of Scotland, the dif- ferences presently standing betwixt them. " Tuichcing the dommage and expensses craved be the said laird of Pitcaple frome the said laird of Fendraucht, and alleged susteanned be the said laird of Pitcaple himself'e, and his saids freinds and servants, throw the charging of his saids freinds and servants, and his and thair attendance on the mater foresaid, togidder with the actioun depending thairvpon before the saids lords, and the answeres made, or to be made thereto be the said laird of Fendraucht." On 3rd August, 163'2, John Toscheoch or Tosh, servant to James Crichton of Frendraught, was placed on his trial at the bar of the Court of Justiciary, as guilty of burning the tower of Frendraught. The following is a copy of the dittay against him, and the allegations in it may serve to show one of the theories devised to account for the fire, although it will appear from a subsequent trial that a different and contradictory one was afterwards entertained, and relied upon for the same purpose. Dittay against Tosh. Charles, by the grace of God, King of Great Britane, France, and Ireland, Defender of the Fathe, to our louittis James Grahame, messinger, messingeris our shireffis in that pairt, coniunctlie and severallie, speciallie constitute, greiting : Forsameikill as it is humlie meant and compleint to us be our right trustie cousing and weilbelouit counselor. George Marqueis of Huntlie, &c, as father to umquhile John Viscount of Melgwm and as maister to umquhile Colene Eviote, and umquhile Williame , callit Intorio de Edinburgh, tertio Augusti, 1633, per rnagistros Alexandrum Coluile et Jacobum Robertoun justiciaries deputatos S.D.N, regis, &c. Assessores justiciarijs deputatis pra?scriptis : — The Erie of Perthe, my Lord Chester, my Lord Naper, my Lord Scottistarvet, my Lord Seeretar. lntrans — John Meldrum in Reidhill, Dilaittit of the burning of the toure of Frendraucht under nycht, upon the aucht day of October, 1630, and of the daith and burning to deid of umquhile John Vicountof Melgum, John Gordoun of Rothiemay, &c, being within the said tour that nycht sleiping in thair beddis. Pcrsewaris — Dame Sophia Hay, Lady Melgwm, relict of John Vicount of Melgwm. [Catherine Forbes, Lady Rothiemay, mother to John Gordoun of Rothiemay. Sir Thomas Hope of Craighall, knyght barronet, advocat to our Soverane Lord for his Hienes intreis. Prelocutoris for the Pannell. Mr. Laurence M'Gill, \ Mr. Robert M'Gill, \ Aduocatis. Mr. John Gilmour, I The justice and assessoris haveing sene and considderit the lybell contening the dittay, with the defenssis, ansris, duplyis, and triplyis, and answeris maid thairto, be interloquitor findis the dittay positivelie set doun anent the fact and burning lybellit relevant, and re- mittis the samyn to the knawledge of ane assyse, and as concerning the evidences, pre- sumptiones, and argumentis set doun in the said dittay, remittis the samyn to be consid- derit be the said assyse as only proper to thanie ; quhairvpoun my Lord Aduocat askit in- strumentis. Assisa. Patrik Quliytehall of that ilke. Stewin Boyde of Tempill. James Cocherane, merchand, burges of Edinbrugh. Gilbert Achiesone, mercheand, burges thair. Edward Edger, mercheand, burges thair. Robert Keith, mercheand, burges thair. John M'Meithe, mercheand, lait Deane of Gild. Robert Aikman, mercheand, burges thair. David M'Caw, merchand, burges thair. John Flemyng, mercheand, burges thair. Patrik Baxter, merchand, burges thair. George Smithe, merchand, burges thair. Edward Farquhair, marchand, burges thair. Andro Symsone, marchcand, burges thair. My Lord Aduocat with the remanent persewaris takis instrumentis of the sweirino- of the assyse, and for the vcrificatioun of the dittay in that poynt anent the steilling of the twa horssis, whilk is the narratioun preceiding the dittay ; quhilk steilling, his lordschip declairis is na pairt or point of this dittay remittit to the knawledge of the assyse at this tyme, bot 3 D 394 APPENDIX. only as the introductioun and ground of the quarrell and deidlie malice, quhairwith the pannell did prosecute the laird of Frendraucht ; produces the criminall letres raisit at the instance of Frendraucht, and at the instance of his Majesteis Aduocat agains the said John Meldrum, Thomas Meldrum of Iden, Robert Dempster and utheris, quhairby and for nocht finding of cautioun actit in the buikis of adiornall for thair compeirance befoir the justice and his deputis in the tolbuithe of Edinburghe upone the tent day of December 1630 veiris, to haif underlyne the law for the erymes foirsaidis, thay ar denuncet and registrat at his Maiesteis horne as the horning in the selfF proportis. Item, for proving the pannell his deidlie malice consauet agains Frendraucht to have his lyfe, produces the pannell his depositioun ultimo Novembris, 1630, at the mark of the letter D. ; quhairof the tennor followes : — " Apud Halyrudhouse, ultimo Novembris, 1630, John Meldrum examinat, depones that he had conference with James Grant outwith the hearing of Alexander Leslie, and that he represented to James the iniurie he had ressawed, and the fear he had that Pitcaple wald leave him ; in the whiche caice he desyret James Grant that he wald doe him the favour to resort to his house, and to soupe with him at some tymes, to the effect that Frendraucht mycht tak notice of James Grant his resoirt thair, saying that he beleved that if James Grant wald mak schow of his forces upone the deponeris boundis, that it would work his intent with Frendraucht, which James Grant yeilded unto, and pro- meisst to resoirt to his house and hant upone his boundis as he sould be requyret ; and that he wold mak his forces to appeir twyse so mony as they war in number, &c. Sic subscribitur, Mr. Gilbert Prymrose." Item, for proveing of the said deidlie malice agains the said laird of Frendraucht, pro- duces the pannellis depositioun, daitit primo Decembris, 1630, markit upone the bak with the figure 2 at the letter D., " Meldrum reexaminat, grantis that he said to George Spens, that since he could nocht get peace of Fendraucht, who was so crewallie set agains him, that it behoved to coist ather Frendraucht or him thair lyves. Sic subscribitur, Mr. Gil- bert Prymrose." Item, for proving the said precogitat malice, produces the depositioun of Johne Cruik- schanke in Tocherfurd, daitit 17th January, 1631, markit with the figure of 7 at the letter f.f., quhairof the tenour followis : — " Apud Halyrudhouse, xij January, 1631, in presence of my Lordis, Chancellour, President, St. Androis, Previe Seall, Murray, Lynlytgow, Wigtoun, Bishop of Dumblane, Clerk of Register, Advocat, Justice Clerk : Johne Cruik- schank sworne, depones, that being employed be Johne Meldrum to cary ane letter to Frendraucht which he boore, that albeit he was ane poore man, yit he was als goode ane man, and had als much courage as he that killed the regent, and with all he gave orders to the deponer to tell Frendraucht, that if he wald keip the conditiones promeist to him befoir Banff" and James Leslie, he wald be his servand, and gif nocht, that he wald discharge with him and be alyk with him, and deponis, that eftir taking of the horse Johnne Mel- drum directit the deponer to Frendraucht, urgeing the performance of the conditiones, and promeised to restoir bak the horss, and bad the deponer schaw Frendraucht, that gif he did him nocht reasone he wald burne his byres and barneyairdis. Sic subscribitur, Mr. Gilbert Prymrose." Item, repeittis the same depositioun preceiding, maid be John Cruickshanke, for proving of the thraitnings utterit be the pannell agains Frendraucht, togidder with the pannell his awin depositioun maid upone the viij day of December, 1630, in presence of my lordis Chancellour, President, Previe Seall, Wyntoun, Lynlytgow, Lauderdaill, bishop of Dum- blane, Lord Erskine, Carnagie, Secretar, Clark of Register, Aduocat. Johne Meldrum of Redhill, humblet upone his kneyis and solempnie sworne, grantis that he hes said that within a schorte tyme thair wald be ane sicker mendis takin of Frendraucht. Sic subscribi- tur, Mr. G. Prymrose. Togidder with the said Johne Meldrum his depositioun maid be him the fyft of Januar, 1631, markit with the fyft figure at the letter If, quhairof the tennour followis : " At Edinburgh, the fyft of Januar, 1631, in presence of the Erie of Menteith, President, the Erie of Hadingtoun, Lord Previe Seale, the Erie of Murray, the bischope of Dumblane, Sir Archibald Archeson, Secretar, Sir Thomas Hope his Majesteis aduocat, Sir APPENDIX. 89.) George Elphingstoun, Justice Clerk. Johne Meldrum, liumblet upone his kneyis, and sworne upone his grit and solemno aithe to declair the trewth of suche things as sould be demandit of him, grantis that, in ane discourse with Thomas Meldrum of Iden, he said to him that he wald bring James Grant in the countrie, and als mony Hieland men as wald sup him, Frendraucht, in brooes. Sic subscribitur, Mr. Gilbert Prymrose." Item, to verifie the pannell his meitting with James Grant and consulting with him, pro- duces the pannell his awin depositioun maid be him ultimo Novembris, 1630, markit with the fyrst figures at the lettres A & D, quhairof the tennour followis : " Halyrudhouse, ultimo Novembris, 1630. Johne Meldrum examinat, deponis he met accidentlie with James Grant in William Davidsons hous, quhair he was soupping quhan the deponer cam thair ; grantis that he cam out of Pitcaple to Bethishauch, and that his eirand was to sie his horse, being of purpois to haif returnet. Bot he was invited be James Grant to stay and soupe, quhilk he accordinglie did, and staid thair all that nicht ; depones that James Grant went away eftir supper ; depones that upone the morne, at aucht in the morning, James Grant sent for the deponer to the Mylentown of Dornoche, whither the deponer went, and staid with him till efter twelff hours ; and at the letter D., in the same depositioun, deponis that he had conference with James Grant outwith the heiring of Alexander Leslie, and that he represented to James the iniurie that he had ressavit, and the fear he had that Pitcaple wald leave him, in the quhilk caice he desyred James Grant that he wold do him the favour to re- 6oirt to Ids house, and to soupe with him at some tymes, to the effect that Frendraucht mycht tak notice of James Grant his resoirt thair. Sic subscribitur, Mr. G. Prymrose." And thair- with produces for verifieing of thair former meitting the depositioun of the said James Grant maid be him upone the xxix. of Junij, 1631, markit with the 8 figure at the letter A., quhair- of the tenor followis : Apud Edinburgh vigesimo nono Junij, 1631, in presence of Hadynton, Lynlytgow, Wygtown, Bishop of Ross, Dumblane, lies, Lord Carnagy, Naper, Traquair, Secretar, Aduocat, Justice Clerk ; James Grant humbled upone his kneyis, sworne deiplie. grantis that theMononday at nycht efter James Leslie was hurt, the deponer come to Beth- ishauch of intentioun to haif sene James Leslie, and souped in ane Davidsones housse, and that in a littil eftir the deponer come thair and thay all souped togidder ; deponis that Johne Meldrum delt with the deponer to come and resoirt to his boundis, and to make schaw of his forces the better to terrifie Frendraucht, and to draw him to compositioun, and repeittis the former depositioun maid be the said Johne Cruikschank, upone the said 12th of Januar, 1631, markit with the said figure of seven at the said letter f.f., anent the said James Grant his meitting and conference with the pannell, to the effect thairin con- tenit. Item, to verifie that the burning of Frendraucht was nocht accidental, uses the deposi- tiones maid upon the twelff of Januar, 1631, be Thomas Burnett of Camphell, Mr. Gilbert Keith, minister, James Blak, George Seatoun, and the said Johne Cruikshank, quha de- ponis that the bruit of the burning of Frendraucht was going throw the countrie befoir it was committit ; and siclyk uses the repoirt maid to the counsall be the commissioneris, daitit the twelff of Apryle, 1631, markit with the figure 11 at the letter E, off the quhilkis depositiones and repoirt above written of the saidis commissioneris, the tenour followis : And first, the deposition of the said Thomas Burnett. " Halyrudhous, xij. January, 1631, in presence of my Lord Chancellor, President, St. Androis, Previe Seall, Murray, Lynlytgow, Wigtoun, bishop of Dumblane, Clerk of Register, Aduocat, Justice Clerk ; Thomas Bur- nett of Camphell, sworne and demandit quhat he hes hard, or knawis concerning the burn- ing of Frendraucht, that he being in Aberdeen, in his sisters house, eight dayis eftir the burning of Frendraucht, and being regraitting to Mr. Gilbert Keith the loise of the Vicount of Melgum, Mr. Gilbert Keith said to the deponer, that, the Fryday befoir the burning, a man being biging a corne stak to Mr. Gilbert, he said to Mr. Gilbert, that befoir Setterday at night the house of Frendraucht would be brunt ; and deponis that this was spoken in presence of Mr. Thomas Meluill, minister at Dyce, Andro Burnet, the deponeris brother, and William Garioch of Tilliechetlie ; depones farder, that being in Mr. John Reid his hous, brother in law to the deponer, sometime eftir the burning of the house of Frendraucht, APPENDIX. the said Mr. Johnc said to the deponer, that Johnc Gordoun of Tillislunge said to the said Mr. Johne, that a gentilman's sone of heritage said to him the Fryday befoir the burning, that betuix and Setterday at nycht following Frendraucht wald be persewit be sword or fyre." Mr. Gilbert Keith, minister at Bourtie, sworne and demandit quhat he hes hard con- corning the burning of the hous of Frendraucht, depones, that the Fryday befoir the burn- ing of Frendraucht James Blak, being bigging ane stak to the deponer, he said to the deponer that he had met with Johnne Meldrum, who declaired to him that he had met James Grant sum dayis eftir that he had takin the moneyis fra Udney, and that James Grant [said] that he wald nocht quyte James Clerk sua, and that he wald viseit James Clerk quhan he come up the countrey agane, and that James Grant schaw to Johne Meldrum certane instruments quhairwith he said that he wald oppin yettis, durris, and lokkis, and pass throw housses, and depones that he remembers not that James Blak spak ony other thing to him concerning Frendraucht. Sic subscribitur, Mr. Gilbert Prymrose. James Blak, sworne and demandit quhat he knawis concerning the burning of the house of Frendraucht, being humblet upone his kneyis, depones that twa or three dayis befoir the burning of Frendraucht, he forgadderit with Johne Meldrum in George Seatone his house, quho hailing ane hagbut in his hand, and throwing the vyee of it, he said to the deponer that he had met with James Grant quho had learned him a devyce to oppin yettis and durris ; and depones that Johne Meldrum that same day, in the morning, went out of the Mylne of Bourtye, and that he hard be George Seatone, that Johne Meldrum had come thair the night befoir at six of the cloke, and stayed thair all night. Item, that JohnJMeldrum, [said] the fyre could nocht be raised bot be ane quha was acquent thairwith in respect he has dwelt in Frendraucht ane lang tyme during his feid agains Rothiemay, and that the lairdis ordinarie custome was to ly in the tour for saiftie, and that the panell hes himself grantit that he knew all the secreitis of the house of Frendraucht, repeittis the pannellis awin depositioun, maid primo Decembris, 1630, markit with the 2 figure att the letter E, and repeitis the notorietie that the pannell dwelt within Frendraucht. Off the quhilk depositioun, maid be the pannell the day foirsaid, at the mark and letter above writtin, the tennour followis : " Edinburgh, primo Decembris, 1630, post meridiem. Johne Meldrum solemnelie sworne, re-examinat, depones and declaires that if ever it be fund that he spak of the burning of the house of Frendraucht, that he will tak the cryme upon him, &c. Sic subscribitur, M. G. Prymrois." Item, that John Meldrum, immediatlie eftir the fact was publictlie committit, and dif- famed that he was airt and pairt of this cruell burning, repeittis the notorietie of the cun- trie, togidder with the act of Counsell, markit with the figure of foure at the le tter A. Off the quhilk act of counsell the tennour followis : " Apud Halyrudhous, quarto Novem- bris, 1630. Forsamekill as the lordis of secreit counsall ar informed that thair is dyuerse pregnant presumptiones against Johne Meldrum in Reidhill, William Murray, Robert Wilsone, and Robert Eeidfurd, his servandis, that they haif bene upon the knawledge, counsall, devyce, and execution of that most barbarous, inhumane, and tresonabill fyre raising within the place of Frendraucht, quhair John Vicount of Melgume, the laird of Rothiemay, and some uther gentilmen, war crewallie brunt thairin, in the month of October last ; and quhairas that the tressonable attempt committit within the said place of Frendraucht, and upone the innocent persones of the saidis Vicount of Melgum and laird of Rothiemay, it is without example and deserves maist exact tryell : Thairfoir, the lordis of secreit counsall hes gevin and grantit, and be the tennour heirof gevis and grantis full power aud commission to George Lord Gordoun, William Lord Hay, and Sir Robert Gor- doun, knycht barronet, coniunctlie and severallie, to pas, serch, and seik the said Johne Mel- drum, Williame Murray, Robert Wilsone, and Robert Reidfurd, his servandis, quhairevir thay may be apprehendit ; and to bring, exhibeit, and present thame befoir his Majesties counsall, to be examinat upone the said cryme as accordis. And gif it sail happin the saidis persones, or ony of thame, for eschewing of apprehensioun, to flee to strenths or houssis, with power to the saidis commissioneris, or ony of thame,. to follow and persew APPENDIX. ,'55)7 thame, and to requyre and chairge thame, in his Majesteis name, to render thaineselffis to the saidis commissioners ; and gif thay sail remiss to be taken, and mak oppositioun or re- sistance to the saidis commissioners, by keiping of the saidis streuthis and houssis or uther- wayis, with power to the saidis commisssioners to mak oppin durris, and to use his Majesteis keyis, and gif ncid beis to raise fyre, and to use all kynd of force and warlyke ingyne that can be had, for apprehending of the saidis personis being thairintill ; and gif in persute of the saidis personis, thay refuseing to be tane, thair sail happin fyre raiseing, slauchtcr, mutilatioun, or ony other inconvenient quhatsomever to follow, the saidis lordis decernes and declairis, that the same sail nocht be imput as cryme or offence to the saidis commissioneris, nor persones assisting thame in executioun of this commissioun, and that thay nor nane of thame shall nocht be callit nor accuset thairfoir, criminallie nor civillie, be ony manor of way in tyme cuming, notwithstanding of quhatsomevir actis and con- stitutiones maid in the contrair. Quhairanent the saidis lordis dispenssis be thir presentis, and generallie all and sundrie thingis touardis the apprehensioun of the saidis persones to doe and use, quhilkis of ye law or consuetude of this realm are knawin to appertene ; Firme and stable halding, and for to bald, all and quhatsumevir thingis sail be lauchfullie done heirin ; and the saidis lordis declairis, that gif the saidis John Meldrum, William Murray, Robert Wilsone, and Robert Reidfurde, will compeir befoir the saidis lordis, and clear thameselffis of this tresonabill cryme, that they sail nocht be troublet for ony uther caus, and sail nocht be wairdit for ony hoirnings uset agains thame, hot thairin sail be free to cum and gang at thair plesour. Extractum, &c" Sic subscribitur, J. Prymrose. Item, to verifie that John Meldrum eftir his first examinatioun, quhilk was upone the last of November, 1630, and eftir the secund examinatioun, quhilk was upone the first of December thaireftir, did schamefullie lie, varie, and contradict himselfF, repeitis the act of counsall, 2 Decembris, 1630, markit with the figure of 4 at the letter C. of the quhilk act, the tennour followis : — " Apud Halyrudhous secundo Decembris, 1630. Forsamekill as John Meldrum in Reidhill, and Richert Mowat, servitour to John Leslie, younger of Pitcaple, being examinat be the lords of his Maiestcis Previe Counsall upone certane per- ticularis concerning the burning a of the house of Frendraucht, quhairiu thay haif schamefullie vayreid and contradictit thame selfKs in thair depositiones, nccessar it is for the better tryell of the veritie and cleiring of the treuth of the saidis depositiones, that thay may be confronted with Mr. Patrick Cheyue of , Patrick Leslie, guidman of the Iden, Williame Caddell, John Dumbrek, &c, which persones can give best licht and evidence for and agains the said Johne Meldrum and Richerd Mowat, tuiching the treuth of the de- positiones maid and affirmed be thame, for quhilk purpose ordains lettres to be direct, chargeing the saidis persones to compeir befoir the saidis lordis upon the xxij day of De- cember instant, to beir leill and sutnefast witnessing in so far as thay knaw or sail be speirit at thame, tuiching the treuth of the depositiones maid be the said John Meldrum and Richerd Mowat, under the pane of rebellioun, with certificatioun. Extractum &c. Sic subscribitur, J. Prymrois." And farder, my lord advocat condiscendis upone thir perticu- leris, quhilkis ar maist substantiall, viz., that John Meldrum quhan he appeired befoir the counsall upon the last of November, 1 630, come prepared to condiscend on all the places quhair he had bene audit dayis prcceiding the burning, and gaif in to the lordis ane note all written with his awin hand, markit with the figure 16, quhairof the tenor followis : — The testimonie of Johne Meldrum of Reidhill, quhair he was the dayis and nychtis follow- ing. Item, the last of September last, 1630 yeiris, he was at Turray, as the minister and utheris can testitie, and the said night in Blackhillis, as the guidman and utheris can testifie, and from that he raid by Delgatie and Tolly, and was the first nycht of October in Robert Abercrombie his hous at the mill of Pitmedden, as the guidman himself and utheris can testifie ; the thrid night in the New Mylne of Logie, as Petcaple and utheris can testifie ; the fourt night in Bethtshauche, as the guidman and utheris can testifie ; the fyft nycht in Auchorteise, as Johne and James Heatleis and utheris can testifie ; the saxt nvcht " The w ord'; in italics here and elsewhere are underscored in the Record. 398 APPENDIX. at the Mylne of Bourtie, as the guidman and utheris can tcstifie ; the sevint nycht in Auchinheve, as the guidman and utheris can testifie ; the aucht night in Pitcaple, as the laird and John Fraser, chirurgane, and James Cheyne, Rohert Dempster, the lairdis of Boquhain and Delgatie, and utheris can testitie ; the nynt and tent nychtis thair also ; and the said John Meldrum being interrogat be the saidis lordis gif he had bene in Pitcaple, quilk was the auld laird of Piteapillis dwelling, or at New Mylne, quhilk is the young lairdis dwelling, upone Tysday befoir the burning, quilk day young Pitcaple raid to the Boig, he deponit that eftir he had recollectit himselff, and being sworne be his grit aithe, declairit that he was nather in Pitcapill nor New Mylne quhansomevir Pitcaple raid to the Boig, conforme to that part of his depositioun maid primo Decembris, 1630, at the letter B., off the quhilk depositioun the tennour followis: — " Apud Halyrudhous, ultimo Novembris, 1630, The whilk day Johne Meldrum of Reidhill, and Richerd Mowat, servitour to Johne Leslie younger of Pitcapill, being examinat be the lordis of his Maiesteis Previe Counsall concerning the burning of the house of Frendraucht, and thair depositiones being hard and considderit be the saidis lordis, they fand sufficient ground and cause for detention of the saidis persones heir, to be furthcumand to thair farder tryell and examinatioun heirefter ; for which purpose the saidis lordis ordainis, in regard of his present indispositioun to travel! to the tolbuth of Edinburgh, be reasone of his hurt in the thighe, to remane this night in the hous, and company with George, Erie of Wintoun, till farder ordour be tane with him, and ordains the said Richerd Mowat to be committit to waird within the tolbuith • if Edinburgh, thairin to remane till he be releved be the saidis lordis ; notwithstanding quhairof, Richerd Mowat and Alexander Leslie being examinat conform to Richerd Mowat his depositioun, 30th Novembris, 1630, figura 13 at the letters C and D, and by Alexander Leslie his depositioun, markit with the figure 14 at the letter C, of the quhilkis twa depositiones the tennour followis : — " Halyrudhous, ultimo Novembris, 1630, the quhilk day, Richard Mowat being re-examined and sworne, depones that John Meldrum brak his fast with the deponer at the New Mylne the day qnhan he and his maister went to the Boig of Geicht, which was upon the Tysday before the burning of the house of Frendraucht, &c, depones he hard at the New Mylne, by ane boy of Baithischauch, that James Grant was thair, which the deponer tauld to John Meldrum in Pitcaple, &c. Sic snbscribitur Mr. Gilbert Prymrois." " Ultimo Novembris, 1630, Alexander Leslie, brother to Pitcapill, being sworne and demandit gif he was at New Mylne that Tysday when Pitcapill went to the Boig of Geicht, depones that he was present, and that John Meldrum brak his fast with him, as he beleves, &c. Sic subscribitur, Mr. Gilbert Prymrose." Item, ane uther absurde lie and contrarietie and mair gross, quhairin he deponit that he met with James Grant accidentlie in Baithishauche, and that his eirand was to get his horss whilk was in Baithishauch, and that Richard Mowat had told him that his horss was there, and that he knew nocht that Alexander Leslie of Achrosk was thair ; albeit it is constant be Richerd Mowat, quha deponis that he tauld Johne Meldrum, being in Pitcaple, that James Grant was in Baithishauch, and that he himself convoyed Johne Meldrum fra Pit- caple to Baithishauch ; and, sicklyk, denyit be his grit aithe that he spak ony thing to •lohne Meldrum anent his horss being in Baithishauch; upon quhilk depositioun, Johne Meldrum is thaireftir forced to confess that Richard Mowat tauld him that James Grant was in Baithishauche, and that Richerd Mowat convoyed him thither ; albeit the said John Meldrum still abaid be this, that Richard Mowat tauld him that his hors was thair. Quhairupone he and Richerd wes confronted, and they remanet contrair. But nochtwith- standing of this contrarietie, it standis provin be the pannellis confessioun, that Richard Mowat tauld him that he knew of James Grant his being in Baithishauche, and sua was nocht accidentall ; and, sicklyk, the maner of his meitting with James Grant appeiris nocht to be accidentall, but upone purpois, for Johne Meldrum grantis that he conferred with James Grant that night, and went to James Grant upone the morne to the Mylne of Dornoche, and conferred with him the secund tyme ; and quhair he went with him the secund tyme he went upone the morne, upone his first conference, to New Mylne, and tauld young Pitcaiple that James Grant was thair, and that he met with him, and thaireftir he APPENDIX. 399 went the secund time to James Grant. And, siclyk, the matter of the meitting cleiris it was nocht accidentall but upone purpois ; for James Grant be his depositioun grantis that Alexander Leslie and Johne Meldrum come to him that nycht and complenit and re- graittit of the wrongis done, and war verrie bent upone ane revenge, and had ane purpose to enter in bloode, and desyred James Grant his assistance ; and albeit Alexander Leslie and John Meldrum, be something uncleir in expressing the conference quhilk past betwix thame and James Grant, sometymes it was only agains Conland, wha had hurt James Leslie, and sometymes that Johne Meldrum craved only of James Grant to hant and frequent John Meldrum his hous and boundis, that Frendraucht mycht be terrifeit, yit that can nocht excuse the plott, becaus Johne Meldrum had said of befoir to Iden that he sould bring down James Grant and as mony hieland men upone Frendraucht as wold sup him in brooes, and this conference following, it most be reuled according to the first ; and sicklyk thay all accoird that James Grant refuised to assist thame, or to take ane new feid quhill he had revenget Carrones blood. Eftir quhilk, Johne Meldrum yit insisted with Jamea Grant that he and his company wald frequent his boundis, quhilk could be to no uther end bot that the plote of the burning, quhilk followit within thre dayis thaireftir, and sua behovit to be alreddie begunne, might goe coverit under the name of James Grant, as his deid. The following depositions were also used as evidence against Meldrum: — " Apud Edinburgh, vigesimo nono Junij, 1631, in presence of Hadyngtoun, Lynlytgow. Wigtoun, bishop of Kois, Dumblane, lies, Lords Carnagy, Naper, Traquair, Secretar. Advocat, Justice Clerk, &c. James Grant humblet upone his kneyis, sworne deiplie, grantis that the Monday at nycht after James Leslie was hurt, the deponer come to Bethis- hauch, of inteutioun to haif scene James Leslie, and souped in ane Davidson's house, and that a littill eftir the deponer come thair, Alexander Leslie lighted, and schortlie thaireftir John Meldrum come thair, and they all soupped togidder. Demandit quhat discourse past betwix him and Alexander Leslie, deponis that thev regrated and complened of the wrong done to James Leslie, and were verrie bent upone revenge, and had ane purpois to enter in bloode, and desyret the deponeris assistance, bot denyis that euir thay maid ony motioun to him of the burning of the laird of Frendraught his house or coirnes, &c. Depones that Johne Meldrum delt with the deponer to come and resoirt in his boundis, and to mak schaw of his forces the better to terrifie Frendraucht, and to draw him to compositioun, which the deponer refuised to doe, in regaird of his awin trubles, and he was discharged be Rothiemay and utheris of the name of Gordoun, to meele or haif ane hand in ony thing that might otfend Frendraucht. Deponis that eftir supper he went to the Mylne of Dornoche, and that upone the morne Johne Meldrum come to him and had the former discourse, and was verrie instant to haif had him to his house that nycht Depones they dynet togidder, and sinderit about twelff hours of the clok, &c.'' Sic subscribitur, James Grant. Item, by this, the lordis of secreit counsall be thair actis, daitit the thrid of Februar, 1631, and first of Apryle, 1631, hes fund the indices aganis Johne Meldrum to be so grave and weghtie, that thay haif ordeinit him at thaise tua severall tymes to be putt to the tortour of the buittis, and albeit the counsall was pleased to superceid the tortour at theise tymes, yit it was evir upone the schifting and excuseing of the said Johne Meldrum, for first, quhan he was to be tortouret, he allegit to the lordis quhatevir he had spoken was by way of thraitning, to the effect he mycht [bring] Frendraucht to haif gevin him ane compositioun, and for this caus affirmed befoir the lordis, that he was advyset thairto be Frendraucht his awin freind, and warnet Lesmoir elder, Frendrauchtis awin uncle ; be occasioun quhairot the lordis of secreit counsall send for Lesmoir, quha being ane barrone and gentleman of knawin integritie, and deiplie sworne, deponit, that he never counsallit John Meldrum to boist that he wold stik or burne ; and sicklyk at ane uther tyme, he schifted the tortour be allegeing of his disease, and affirmed that, gifhe war tortoured, he wald say ony thing thay pleased ; and for verifeing heirof, repeittis Johne Meldrum and Lesmores depositiones in 400 APPEXD1X. July, 1631, figura 9. 7th July, 1631, the quhilk day John Meldrum being demandit quhan and how he ressauit his hurt, depones, that being upone the heid of the companie, he was at the first recounter hurt in the thcigh, and thaireftir haifing cum bak to the releif of George Gordoun, who was left by the companie nochtwithstanding that the deponer cryit to thame to cum bak, and no ansuer being maid, the deponer going to help up George Gordoun, he was schote in the right anne : grantis the ressait of twentie-thre dollours, whiche he spent, togidder with eight bollis meill, ane boll of malt, and depones that he ressauit only tua dollours fra Dauid Seatoun : grantis that he said oftin tymes that he had so grit intelligence in Frendrauehtis house that he could speik nothing in his bed chalmer bot he wold be adverteist of it, bot denyis that tliair was ony suche thing trew, and that he utterit suche speiches only to terrific F rend ran eh t, and to draw him to compositioun Item, upone the night befoir the burning, John Meldrum come to the laird of Banff to Legatisden, and in presence of Andro Baird, bailzie of Banff", desyret Banff to deill with Frendraucht to forbeir all procciding against him befoir the Erie of Murray, liuetennant of the north, for the steilling of the horss, to the quhilk Banff condiscendit gif John Meldrum wald interpone himselff', and procure assureance betuixt Pitcaple and Frendraucht. To the quhilk John Meldrum answerit, my business most be presently done, and gif it is nocht to be takin order with, thair will be ane evil turne done to Frendraucht, quhilk will nocht be mendit ; and Banff haveing demanded what wald be done against Frendraucht, John Mel- drum answrit that he wald be burnt, and Banf replying who wald burne him, Johnne Mel- drum replying the secund tyme that he wald be brunt; whilk is provin by the laird of Banff and Andro Baird thair depositioncs, maid 12th January, 1631, figura 7, letteris A & C. Followis the tennour of the saidis depositiones : " Halyrudhous, xij. January, 1631, in presence of my Lordis Chauceller, President, St. Androis, Previe Seale, Murray, Lyn- lvtgow, bishop of Dumblane, Wigtoun, Clerk of Register, Aduocat, Justice Clerk ; Sir George Ogilvie of Banff, knycht, sworne and demandit quhat he knawis of Johne Meldrum ; deponis that the nycht befoir the burning, the deponer being in Legatisden, Johne Meldrum come thair about the sone set, bot went away befoir supper ; and that Andro Baird haifing movet the deponer to speik with John Meldrum, the deponer yeildit thairto, quhairupone John Meldrum desyret the deponent to deill with Frendraucht, to forbeir all procciding agains him befoir the Erie of Murray, which the deponer promeissed to doe gif John Mel- drum wald interpone himselff, and procure ane assurance betwix Pitcaiple and Frendraucht ; quhairunto John Meldrum ausweirit, my business most be presentlie done, and gif it be nocht takin ordir with, thair will be ane evill turne done to Frendraucht, quhilk will nocht be mendit ; and the deponer haifing demandit of him quhat wald be done against him, Johne Meldrum ansrit that he wald be brunt, and the deponer haifing replyit who wald burne him, and that he houpped that James Grant wald nocht be the doar of it, for he re- pented his last cuming within the countrie, Johne Meldrum ansrit that he wald be brunt without nameing of ony persone. Andro Baird sworne, deponis that being in Legatisden with Banff' and Johne Meldrum, he hard John Meldrum say to Banff, that thair wald be ane evill turne schortlie done to Frendraucht, and Banff haifing demandit quhat it was. Johne Meldrum answeirit that he wald be brunt, and Banff haiveing iuquyret quho wald doe it, saying that James Grant wald nocht doe it, for he repented his last cuming in the cuntrie ; quhairunto Johne Meldrum answeirit, 1 know nocht who will do it, bot he will be brunt." Sic subscribittir, Mr. Gilbert Prymrose. " Apud Halyrudhous, priino Feb- ruary, 1631, Sir George (Jgilvie of Banff re-examinat anent the speiches that past betwixt him and John Meldrum in Legatisden, the night befoir the burning of Fren- draucht, depones that eftir Johne Meldrum had schawin to the deponer that thair wald be ane evill turne done to Frendraucht, and that he wold be brunt, the deponer desyret Johne Meldrum to continew till the morne at nyne houris, to the effect he might knaw if he could haivc ane assureance frome Pitcaiple, and than he wold doe Johne Meldrum his turne, quhairunto Johne Meldrum answeirit, your bussines may stay for ane tyme, bot myne can ressave no delay ; demandit quhat he has hard tuiching Johne Tosche, deponis that he is informet that in all places quhair Johne Tosche hes "dwelt he lies evir APPENDIX. 401 kythed to be evill conditioned and ane slyme youtlie, and that gif the house was brunt be those that war within, he wald suspect Johne Tosche to be the actour rather nor ony uthir, bot kr.awis nothing of his guiltines of that fact. &ic subscrililur , Mr. Gilbert Prymroise.'' And the persewar uses thaise depositiones for tuo ends, first to verifie that Johne Meldrum spak of the burning of Frendraucht ; he thairfoir must be hald as doar. Item, it is uset as ane severall and maist violent, nocht only presumptioun bot probatioun, per si>, that John Meldrum was to be actor, or art and part of the burning, becaus he determines the tyme of it within twelff horis befoir it fell furthe, and according to his denunciation it fell furthe indeid, and it most be his deid, becaus himselff grantis that gif he war nocht satisfeit pre- sentlie the deid wald be done or nyne houris on the morrow, and gif Banff had agreed to haif gevin him presentlie satisfactioun for Frendraucht, the deid wold nocht haif followit, quhairby in effect he grantis that the doing and nocht doing was in his power. Last, the persowar produces Johne Cruickschankis depositiones for verifeing of the last presumptioun, quhairby he deponet, being in articulo mortis, that that nycht that Fren- draucht was brujit, he saw Johne Meldrum betuix Frendraucht and Blackfurde, four myle thairto, according as the depositioun proportis, ; quhilk depositioun was maid in presens of tua bailzeis of Edinburgh and thre ministeris, and Gilbert Acheson, quho is ane of the assyse, was one of the bailzeis, who will depoine that the poore man deit penitent, and witli ane confident assertioun that he saw Meldrum ; and in respect of the evidences and mani- fest presumptiones and wechtie indices and probationes quhilkis comprehendis all the indices that can be in any fact of this nature, quhilk is committit clandestine, and in the night, and that it is accoirdit in the dispute betwix the persewaris and the pannell and his preloqui- toris, that be the law, grave and weightie presumptiones ar sufficient coudemnatioun, seing it is impossible that the samyn can be provin be eiesight, and that it is the universall cus- tome in such crymes to proveide in all pairtis of Europe, and confirmed be the practice of Scotland in the matter of Auchindrane lor the slauchter of the tutour of Cassilis ; thairfoir protestis that in caice ony of the assyse shall be so forgettful of thame selffis, as God forbid, as to acquit or clange the pannell, for wili'ull errour. Mr. John Gilmour, one of the counsel for Meldrum, brought forward objections to the evidence of several witnesses for the crown, and in regard to the testimony of Cruickshank, who deponed that be saw the pannell riding past Tillymorgan in the direction of Frendraucht, on the night of the fire, his counsel attempted to prove, by Sir Alexander Hay and Mr. Patrick Cheyne, that Meldrum was, at that very time, and during the whole night, in the house of Pitcaple. As to Cruickschankis depositioun for proveing of the threatening, opponis our former answeris, and yet it is cleir that this is bot ane naikit thraitning to haif gottin satisfactioun for his loissis, quhairupone nane can infer the cryme ; and as to James Grantis depositioun, the lyk is also cleir, that he consulted only with him to come and soupe with him, and shaw his forces only, to work his intent, quhilk intent can nawayis be constructed bot for the satisfactioun. As for the burning, quhidder it was accidcntall or of purpois, it makis nothing agains the pannell, quho had no sic purpois. And as for the panncllis knawing of the house so weill, and secreitis thairof, it is answeirit alreddie that thousands knew it better than he. As for the diffamatioun of the pannell, referris that to the inqueist, quhidder ane grund or nocht ; and how many mae was deffamcd, yea, Frendraucht himself, and if evir this man was defamed thairwith, it is cleir it was be that damned fellow Cruickshank, quha in pre- sens of tua ministeris, under his awin hand, hes declaired that he was moved thairto be James Clerk, Frendrauchtis awin servand, quha promeist him guid deid. As for the leyis'fbr the quhilk the act of counsall is repeittit, the leyis (as ar cleir) ar bot 3 E 402 APPENDIX. verrie slicht and waik, and quhilk mycht have fallin in constantissimum hominem, quha might forget hiuiselff, especiallie being thingis quhilk concernes nocht the fact. As for that particular lie that is allegit, that, contrair to his depositioun gevin in be his awin hand, he hes declairit that he was nather in Pitcaiple nor New Mylne quhan Pitcaiple went away, answeris he might easilie forget that pcrticuler ; secundo, he might have been in aither of thaise pairtis all nycht, and also in some pairt in the day, but nocht quhan Pit- caiple went away. As for that perticuler anent his accidcntall inciting with James Grant, and his confronting with Richard Mowat, makis no answer thairto. As for the secreit counsallis warrand to tortour upone the prcsumptiones, repeittis the former answeir, and addis, that thair ordinance was to panuell John Meld rum in caice nothing sould be gottin out of Tosche eftir tortour ; and albeit thair had bene some prc- sumptiones to tortour him, quhilk was ncvir done, for reasones knawin to thair lordships, yit it can nocht be tboght that thaise prcsumptiones sould condamne him. As for Lesmoir, repeittis the former answeir and informatioun gevin to the assyse by word . As for his Maiesteis letter, quhilk in all subraissioun we reverence, it can be no pre- sumptioun agains the pannell, becaus his Maiestie, allanerlie upone informatioun gevin to him be sum pairtie, hes directit the same to the lordis of secreit counsall, nather doith his Maiestie positivelie affirme that thair is ony prcsumptiones aganist him, bot that his Maiestie is informet, &c, and suche ane letter his Maiestie wad, haif refuiset to nane. As for the secreit counsallis warrand to put him to tryell, quhilk is allegit most impoirt presumptiones of his guiltines, God forbid we sould interpreit the honorabill lordis thair meaning to be so, bot howevir it be, this warrand is gevin be the secreit counsall upone the impetratioun of thir same pcrsewaris, quhilk could nocht be refuiset to ony. As for that, beiring that gif the pannell sould be fund to haif spokin, &c. Answeiris as of befoir, that that mycht be interpreit with James Grant and of Frendraucht himself, and the pannell houpes that the inqueist will tak no advantage of such wordis being so eleirit, and quhilk sould be favourable constructed. As for Banff, his depositiones anent the panuellis predictiones, first, oppones the answeiris maid of befoir ; secundo the pannell quarrellis the lybell and the coppie of ane extract producet as disconforme to the principallis ; for the lybell and coppie betwix Banffis first depositiones and Andro Bairdis interlaces the secund, as gif the pannell and Andro Baird had condiscendit to both, as the coppie of thair depositioun beiris, quhairas in the principall thair is neer by fyftene dayis betwix Banffis first depositioun and the last, and Andro Bairds depositioun is gevin allanerlie the tyme of the first depositioun maid be Banff. And as for Banffis last depositioun, it can nawayis be respectit becaus of his connection with Frendraucht ; secundo, the pannell was nocht confronted with him, and repeittis the prcsumptiones set down of befoir, and quhairof the inqueist ar alreddie informed against any depositioun of Banffis ; and that Banffis depositioun can nocht be respectit, in this business it is cleir, becaus that Margaret Woid hes in tortour, and efter tortour, confessed that Banff seduced hir. And as for Cruikschankis depositioun, repeittis our answeir, and sundrie depositiones of famous witnessis, quhilk heir the pannell produces under Mr. Gilbert Prymrois hand, quhairby thay haif provin quhair Johne Meldrum was the day eftir the burning, and the nycht of the burning, in bed with Robert Dempster, and quhair he was severall dayis and nightis of befoir. The daittis of the quhilk depositiones of the witnesses, ar the 12th and 21st of Januar, 1631, quhairin thair is conteint sundrie other depositiones foirby, of the quhilkis depositiones the tenour followis : — Duodecimo Januarij, 1631, Mr. Patrick Cheyne, sworne, depones that upone the Friday befoir the burning he sunderit fra Pitcaiple a myle fra Aquhorteis, and that Richerd Mowat come along with the deponer towardis Leggatisden, and that upone the moirning he come to Pitcaiple about ten houris, quhair he saw Johne Meldrum and Richerd Mowat, and that APPENDIX. K>:i the young laird of Pitcaiple was come befoir the deponer come tliair, and depones that he querrellit Richerd Mowat for leaving him the nycht befoir. James Cheyne, sworne, depones that the nycht befoir the burning he saw John Meldrum and Robert Dempster in Pitcaple, and that thay souppet and lay togidder thair, and that the deponer carryeit thair collatioun drink up to thamc, and saw thame upone the Setter- day in the morning ; depones that he saw Richerd Mowat in Pitcaiple upon the Setterday at aucht of the clok in the morning, and about twelff, and souppet thair, and went soune eftir supper. Apud Edinburgh, 21st January, 1631. — The quhilk day, in presens of the Clerk of Register, Aduocatt, Sir John Scott, and the Justice Deput, Sir Alexander Hay of Delgatie sworne and demandit quhair he was the night befoir the burning of Frendraucht, depones he come to Pitcaiple about ane eftir noine, and went doun to Legatisden to meit the laird of Banff, that he come bak to Pitcaiple about the soone sett ; depones that than he saw John Meldrum and Robert Dempster thair, and the deponer raid eftir supper to Bolquhane. and quhan he went thither, John Meldrum gave him his horse ; depones he disioynet in Bolquhane on the morne with the laird of Banff and Bolquhane, and that they come all thrie to Pitcaiple afoir twelff houres ; depones he saw Robert Dempster, John Meldrum, and Richerd Mowat thair ; depones that eftir thay come to Pitcaple, thay stayed all thre upon the grene ane quarter of ane houre, and young Pitcaiple was in Pitcaipill befoir the deponer come thair, and than went all thrie into the house, quhair thay saw Robert Dempster, Richerd Mowat, and Johne Meldrum ; and depones befoir he come, Normond Leslie was come with the evill newis, and that he and young Pitcaiple tauld him thairof ; depones that he sould half dynet in Pitcaple, bot becaus Banff was in Bolquhane, thay send word to Pitcaiple that thay wald nocht cum to dinner. William Hay, appeirand of Delgatie, sworne, deponis that he with his father was cum to Pitcaiple the nycht of the burning and souppit thair, and eftir supper come to Bolquhane and stayed all nycht thair, disioynet in the morning about nyne houris, and come to Pit- caipill befoir twelff. In cceteris conformis est precedenti. Sir George Ogilvie of Banff sworne, depones he was in Legatisden the nycht befoir the burning, and that the guidman of the hous come with Richerd Mowat about aucht houris ; depones that the morne about sax houris he saw the guidman of the house, and that he come from Patrik Leslies house to Bolquhane in the morning, and he come fromc Bol- quhane to Pitcaipill about twelff houres, in cceteris conformis precedenti, and depones that he saw Johne Meldrum in Legatisden. Johne Gordoun, servitour to the laird of Abergeldie, sworne, depones that he went with the laird of Pitcaiple to the Boig, and was with him to his returne, and that upone that Fryday, quhilk was the day befoir the burning, thay come out of the hauch of Aschogill to the Blakfurd, and that as thay come to the kirk of Auchterles, quhilk is thre myles fra Blakfurde, thair went home fra the laird, Patrik Leslie, Alexander Leslie of Elrig, Mr. Patrik Cheyne, and Richerd Mowat ; depones he was in Blackfurd the nycht befoir the burning with the laird of Pitcaipill, quho souppit thair with Alexander Leslie his uncle, and lay thair all nycht, and Pitcaipill had na mac servandis with him bot the deponer and ane fute servand, and depones that Alexander Leslie, the lairdis uncle, lay in Blackfurd with the lairds sone of Blackfurd ; depones thay come to Pitcaipill the morne about ten houris, and Normond Leslie was thair befoir Pitcaipile, quho tauld the evill newis, depones he saw Johnne Meldrum, Robert Dempster, and Richerd Mowat, and Patrik Leslie thair. The following address which was read to the assize by Mr. Robert M 'Gill, one of Meldrum's counsel, contains all the favourable points of bis case, and lays hold of the apparent inconsistencies in that of the crown : — Guid men of inqueist ct fideles homines patricc, be ye so as ye are called in our lawis, and haif God befoir your eis, suppois ye be nocht thease quha be our lawis ar re- quisite, that is quha sould have best knawlege, that is cuntriemcn and nyghtbours, and 404 APPENDIX; ewin the witnessis of the fact, gif the pannel had na lauchfull obiection against thame. Tak guid heid, for tliis is ane questioun of divinatioun or ghessing, heir put to your con- sideration, nocht only to try the verrtue of thir dispositiones, and gif thair be no moir in the dittay, head be head, and nothing cassin into ane wrong sense by the meaning of the speikeris, (as that quhair the pannell takis the burning of Frendraucht tipone him, gif he spak evir with James Grant thairanent) to be collected out of the proceidings and subse- quentis in that depositioun, and utheris of the pannell and James Grant, and not quhat was spokin anent that with the laird of Banff, not only say I that ye most try this things, bot also ye most be judges to the relevancie or probabilitie of the presumptioun resulting, and gathered out of thir depositiones, with ane respect and relation till the presumptiones to be adducet be us. Give out your sentence according to law, (quhilk is reasone) and under- stand that the more powerful presumption in hid things is that quhilk is more meik and benigne. Item, that quhilk makis for the defender, that quhilk is most liklie, and aggreis best with probabilitie, and quhilk proceids out of the nature of the deid itselff immediatelie afoir, in going to doe it, in the doing of it, and in the tyme neir subsequent, is moir power- full nor the presumptiones accidentall, that is, without the quhilk the deid might consist, being done be ane uther, and with the whilk it micht nocht bene done at all, (suche acci- dentarie a presumptioun is callit be the laweris to be an unfreind, and to use thraitnings bruited is far les, suche as many unfreindis hes uttered of a suddane passioun of thair mynd, quhilk to put in practise thay nevir had a mynd). Item, the impossible pre- sumptiones preferred to the possible, and the negative to the affirmative. This is Menochius de Arb. Jud. Cas. 472, per totum, a man that had more understanding in thir matteris than we have all, (advyse with my lord justice selff). Now, I allege that howso- evir thraitning, yit he had nather a mynd to burne, nor was it able for him to doe, nor yit did he it, quhilkis ar the only things to be considered in ane conieclurall cause, quhilks comes nevir neir the deid as oures doith, bot ar all esteemed far remote be laweris, and our presumptiones ar far stronger than any that can be adducet in the contrair. First, that he had not suche ane mynd, because gif he had such a mynd, be all liklie he wald communicat with James of Grant, ane incendiarie man, suche ane purpose, quhilk he did not, as in James Grant his depositioun is cleir ; bot to have communicatit with the laird of Banff, quha was alter ego and the laird of Frendraucht himself was a cleir naked threatn- ing sine animo ; quhairfoir sould I tell a man that I will doe him ane evill turne in so flagi- tious a sort, gif 1 haif any worldlie mynd to doe it? quhairfoir went not Banff straight wav to tell gif he tuik it for ought but thraitnings ? and I think in thre houres he might half ridden ten or twelft' myles, and sould have done it till adverteiss his so deir a freind. (Quhairfoir was thair not watches set upone his repoirt gif the tyme was so peremptorilie set down as wald mak seeme Banfis last depositioun abstracted frome ws, quhill this last day, bot set down so premeditatlie, el ex post facto, and of a deliberat purpoise, and as is repoirted uttered first at the buird of Seatoun, and sa proditttm testimonium, quhilk is not receaveable of the law, bot fact is that Banff himselff thoght not that the pannell had such ane mynd, quhairfoire than sould your wisdomes think it, especiallie seing quhat benefeit could this poor gentleman haif had ? Would this haif healed his wounds, or re- stored his horse slane in the laird of Frendrauchts service, or bene ane recompence for the hazard of his life ? Or would it nocht mak the laird more unhable to geve satisfactioun, ■yea also to irritat his wraith more against him in committing (as is alledged) so hainous a fact, quhair the matter was verrie meane of befoir ? Than had this pannell na terror of conscience, quha was terrefeid for taking away, sone eftir mid-day, a horse as a pledge for his recompance, or rather a rcparatioun for his horse slane in that rencounter with the umquhile laird of Rothemay (quhair the said pannell was with Frendraucht, nevir having bene in his service befoir) ? Would he haif come in upone a protcctioun for that so wil- linglie (and not be virtue of the comissioun as is alledged) gif he had been guiltie of this so hainous a fact, quhair men of suche ane place were so grevouslie tormented unto death ? Know ye not quhat exquisite panes wald be prepared for the doearis ? Quhairfore did he not flic rather fra thir pairtis of the world, quhairsoevir the power of the wronged (quhilk APPENDIX. 4()o is verrie grit) did reach or extend to, especiallie seing he had sic tyme and space as be- twixt the aucht of October and the fourt of November thaireftir, being neir ane moneth '. O the great power of the conscience ( judges) ! O the great power of conscience on both thir two pairteis ! that nather thay ar affrayed quha has done no wrong, and thay quho has failzeid in such detestabill a kynd thinkis evir that thay sie the pane befoir thair eyis, becaus the flagitious deid is evir send fra the mynd to possess the fantasie. And the pannell wishes in all submissiue humilitie of a vyle creatour, that Almyghtie God (blessed for evir) mycht kythe some miracle on him as he has done of upone utheris, gif evir he did that fact, or was airt or part of the doeing, and these ar the trew presumptiones that he had nocht a mynd thairto. Sccundo, that possiblie the pannell could nocht have done it, he urges that the repoirt maid be crowner Bruce be used as ane pairt of this proees; be the quhilk it is constant that ane without could nocht do it without help within ; and quhat probabilitie that the pannell, being the lairdis grit enncmie, (as is allegit) sould have intelligence with anie within the laird of Frendraucht his house, quha wald not reveill the purpois to the laird, far les wald be ane cheiff actor, ane principall burner, than thay that war within (as is al- leged) sould half knawin better that the laird of Frendraucht did not ly that nycht in the toure, hot suche noblemen for quhome the pannell wald have spent his bloode. And to come to the volt, is it possible that the man to quhome the laird did intrust his meill arkis. and uther provisiones thair, wald half had suche correspondence with the pannell ; and gif he had, quhairfoir tuik he him not directlie to the place quhair the laird lay. Bot to dispute now as gif the repoirt war not, consider the soleidnes of the wall and cloisnes. Gif thair was ony slitt thairin it was verie narrow, and the wall ten footes thik or thairabout, (now ye sie, guidmen of inqueist, how nccessar it is that the assysors sould haif bene countrie men, quha could have knawin thir thingis best), sua that nather could a man without weild his hand weill to cast, put, or schute in combustable, or kindle the same quhair it fell ; but some in the dark wald haif escaiped the imputter and fallin be the way, (the wall being ten footes thik) and wald have come bak be that same slitt, quhairof grit vestiges wold haif bene fund evin without, (quhilk was not, nather can ye of the assyse knaw, ye nocht being of the countrie.) Then quhat possibilitie to weild ane speir throw a slitt ten foot thik, and so narrow to ruak ony thing tuiche the hoill of the volt, that is alledgit to be under my Lord of Melgum his bed, without directioun within, (and is alreddie cleired not to haif bene.) Then the force of the powder and that uther matter, gif it had fallin neir the meill arke, it had broken if not brunt thame ; and if it had not come back to the slitt (as liklie it wold, becaus it could nocht ly far frome it for the uneasiness of the inputting of the same, as said is), at leist going to the hoill or 0 in the volt it sould haif brokin the ladder, and being redactit in augustias, that is to ane grit straitnes, it wold haif blown up some of the volt neir the hole or O with ane grit noyse, and my lord Melgum to haif bene first slane befoir brunt ; quhair only the constant repoirt is, that thair was ane grit smoiking befoir he did awaek baith in his chalmer, and the uther quhair a boy was sutfocat, and gave him libertie to put on his clothes, and be the will of God went up the stair quhair he sould haif cum doun ; quhilk also wald haif bene better knawin to ane assyse of cuntrie men thair, qui optima scire presumun- r>tr. Ei go, it is not probable nor possible that the pannell could haif done this detestable fact, nor na uther for him, for the quhilk he mycht be accused as airt and pairt ; the quhilk thing of airt and pairt can not be the ordor natures be tryed be your wisdomes heir, quhill first God cleir all the mistie cluddis of our coniectours, in reveilling and schawing the principall actours ; and that the pannell was nocht principall actour of this bussiness it is cleir, becaus be the depositioun of sindrie honest and certane witnessis, it is provin that he went verrie lait to bed that nycht, and was sleiping in the moirning in the laird of Pit- caipill his house, distant fra Frendraucht ten or twelff myles, and by that his lvfe, remain- ing, and cayriage tryit and maid knawin haill aucht dayis of befoir, to understand gif onv such matteris had bene provydit be him. and is nocht fund to haif purchessed ony. Bot to goe on and put the caice that he mycht haif bene transported suddantlie fra ane remote place to ane uther in a schorte space ; out of quhat pairt tuik he the combustable matter ? Was thair no complice tane out of the house quhair he lay ? or rather, did he not (if he had APPENDIX. such a dovillisch disposition) evin pluk af his awin sark gif he could haif apprehendit that it wold have releaved him ? Fand nane him to go out ? Did not the durris nor yettis of the house geig and mak a noise, or how was the yet of Pitcaple opined ? Fand nane him to returne ? Did nane meit him? Did nane sie him bot a vacillant, variant, contradictorie villane, what was scurget and brunt in the cheik for the same, and thaireftir being tane for ane uther cryme, was pannalled and condemned, quhilk is such a inhabilitie as nevir a lawer could dreame of? and sail his testimonie, eftir his condemnatioun, availl aught, and quhair that condamned villane, Cruiksehank be name, sayis in his depositioun that he saw the paunell in the glomeing, and nocht in the nycht as the dittay beiris, it is provin cleirlie that he was with Banff till afoir supper, and than provin be a nnmber of ^entillmen that he was at supper and went to bed. Then he depones that thai war ryde- ing to Pitcaipill. Item, thai war ane number of horss, unliklie preparatioun for such a bussines. Also he might weill be refuited be your wisdomes, as that uther be the Amphic- tiones who testified that he saw in the night Alcibiades, and kend him casting down the statue of Mercurie at Athens ; bot to leave him in his darknes 1 go on and speiris, how ran the pannell so quikly ten or twelff myles (quhair Banff in a gritter tyme could nocht get his freind adverteised) ctiaia cum tot impediments, and burdenis that he behoved to have, gif the dittay be trew ? Went he on foot or horse ? Quha bald the hors ? Quhair also was the combustable matter coft ? In quhat mercat or buithe, or fra quhome gottin ? Quha caryeid the fyre ? How did the combustable matter so wall or joyne with the fyre, and gif thair was tynder buist, quhair or how gottin? How had the pannell all this laisour and tyme to set all thir thingis in ordour quhan he come to the slitt ? Saw thair no man him neir to the hous of, neir the wallis thairof that nycht ? Was thair no dyn nor crak hard ? No dog to bark (et nullus anser qui inter sir ependo, capitolium Mud servaret) ? And I think servandis might haif had bussines aneuche to mak thame awake that nycht for intertening of suche ghaistis ? Was the pannell tane in the deid doing ? Was he sene flie with yet hett brandonis, as the man quha committis a slauchter secreittlie in ane house is challenget cumming out with ane bluidie sword all pale and trymbleing ? Or was he astoneished quhan he first repoirt ? Or evin quhan he come befoir the lordis of counsall so willinglie, was he ony wayis abasched bot for corporall debilitie ? No, no, thair was no such thing, bot the poore gentilman was sleiping in Pitcaipill that night, quhilk is be all esteemed ane grit taiken of ane quyet mynd, as in that of Claelius bairnes repoirted be Cicero, pro Ros. Amerino, sua that the pannell did not this detestable deid. Farder, it will pleis your wisdomes considder quhat danger this touu is oft in throw baikings, quhair the harth being too hett kindles ofttymes the geistis beneth, as be all likliehood the grit fyre in Rothiernayis chalmer (whilk was immediately above my Lord Melgwmes) being oft eiked, hes so hett the hearth and kindled the geistis that at last thay have tane neid fyre, and eftir long smoiking at last hes burst out. Ergo, in respect of thir presumptiones, quhilk ar mekill stronger for the pannell, for the reasoues and caussis befoir mentionet the pannell aucht to be assoilzeit and acquit of the burning, or of airt or pairt thairof. The Lord Advocate then produced and read the following decreet of the lords of Privy Council against Meldrum " to mak knawin to the assyse the pannellis former insolent and wicket lyfe." Thaireftir, to mak knawin to the assyse the pannallis former insolent and wicket lyfe, my lord aduocat producet ane decreit of the lordis of secreit counsall gevin agains him, at the instance of Patrik Cheane, for the iniurie thairin contenit, and quha, for his nocht com- peirance befoir the saidis lordis, is ordanit to be denuncet his Maiesteis rebell, of the quhilk decreit the tennour followis : "At Halyrudhous the saxtene day of Februar, the yeir of God jaj vi c and threttie yeiris, anent our soverane lordis lettres, raiset at the instance of Petrie Cheyne in Raithnie, makand mentioun that, upone the nynt day of November last, Johne Meldrum in Rcidhill sent Williame Littlejohne, his servand, to the complaineris dwelling house in Raithnie with ane missive lettre, quhairin he desyred the compliner to APPENDIX. 407 come to him, to the effect they might settle and agrie the differences standing betwix thame, anent the said Johne his violent intrusioun upone the complineris landis of Rcidhill, and this messinger stayed with the compliner ane whole day, useing all the argumentis he could to persuaid him of his maistcris sinccritie, and refuised to go bak without the com- plainer; quhairupone the said compliner, simplie trusting the upright meaneing of the said John Meldrum, and nocht suspecting ony wicked practize to be intendit agains hitn, he ad- dressed himself towards him to his hous in Rcidhill, whare he found the said Johne accom- panied with Johne Meldrum in Thomastown, his brother in law, and Mr. William Innes, nottar ; and how sone the compliner entered within the house, the persones foirsaids caused locke the doores of the house, and presented ane dispositioun of the complineris right to the landis of Rcidhill, drawin up by the said nottar, quhilk they urgct him to subscryve, thraitning and minassing him with all soirt of violence gif he refuised ; quhilk the com- pliner having with good reasone refuised to do, thay than closed all the doores and windowes of the house, of purpose to haif murdreist the compliner, pat violent hands in his persone, buffeted him with thair faldit nevis on the face, quhairwith they gave him sindrie blak and bloodie straikis ; and the said Johnne Meldrum in Reidhill, with ane drawin quhinger, fyve inche deip in at the schouldcr, to the grit effusioun of his blood ; and thay had nocht failzeit to haif murdreist him, gif, be the providence of God, he had nocht bene releved from thair handis, committing hcirthrow ane verrie great insolence upone the compliner, in heiche and proud contempt of his Maiestcis auchtoretie and lawis, for the quhilk the persones foirsaidis aucht to be puneist in thair persones and goodis, to the terror of utheris. And anent the charge gevin to the said John Meldrum in Rcidhill, John Mel- drum his brother in law, and Mr. Williame Innes, to have compeirit personallie befoir the lordis of previe counsall this present sastene day of Februar instant, to have answeired to the premisis, and to have hard and sene suche ordour tane thairanent as appertenid, under the pane of rebellioun and putting of thame to the borne, with certificatioun to thame and thay failzeid, lettres sould be direct simpliciter to put thame thairto ; lykas, at mair lenth is contenit in the saidis lettres, executiones, and indorsationes thairof ; quhilkis being callit, and the said persewar compeirand personallie, and the said Mr. William Tnneis being also personallie present, the persewar passed fra the said Mr. Williame and declaired that he wald nocht insist agains him tuiching this complant ; and the said John Meldrum and his said brother-in-law being oft tymes callit and not compeirand, the lords of secreit counsall ordains lettres to be direct, charging officiaris of armes to pas and denunce thame our Soverane Lordis rebellis, and put thame to the home, and to escheit, &c." Extractum do libris actorum secreti concilij S.D.N, regis per me Jacobum Prymrois clerieum eiusdem sub meis signo et subscriptione manualibus. Sic snbscribi!ur, Jacobus Prymrois. The assise found Meldrum guilty by the following verdict : — Quhilkis pcrsoneis of assyse being rissavit, sworne, and admittit, efter accusatioun of new agane in thair presence, and audience of the said Johne Meldrum, of the crymes foirsaidis contenit in his dittay, thay removet altogidder furth of court to the counsall hous of the said Burght of Edinburgh, quhair first be pluralitie of voittis thay elected and chooset the said Johnne Macnacht. mercheand, burges of Edinburgh, and lait deane of gild thairof in chan- cellor of the said assyse, and thaireftir baiting red, sene, and considderit the said dittay, with the haill verificationes and probationes contenit in the depositiones, and utheris writtis uset and producet be his maiesteis aduocat for cleiring of the pannellis guiltiues of the cryme thairin contenit, togidder also with the answeris and obiectiones maid thairto be the pannell and his preloquitours, with the depositiones of the witnessis and uther probatioun producet, lykwayis be the pannell for cleiring of his innocencie of the saids crymes, and baiting reasonet and voittit thairupone, and being thairwith ryplie and at lenth advyset, thay thaireftir rc-enterit agane in court, quhair thay all in ane voce, be the judiciall and publict repoirt and declaratioun of the said John Macknacht, chanccllar, thay land, pro- 408 APPENDIX. nuncct, and declairit the said Johnne Meldrum to be guiltie culpable, and convict of the foir- knawledge, counsall, airt, and pairt of the trcasoneable burning of the said toure of Fren- draucht, quhairin umquhile Johnne Vicount of Melgwm, John Gordoun of Rothiemay, with thair servandis and followeris specefeit in the dittay, was sleiping in thair beddis, and brunt, for the tyme, quhairupone my lord advocat askit instrumentis. Thaireftir the justice ordanit the pannell to be tane bak to his waird to the tolbooth of Edinburgh, thairin to reniane in sure firmance within ane close chalmer, unto the tyune he be advyset with the counsall, anent the dome and sentence to be pronuncet upone his former convictioun. The sentence of the justice, given by advice of the lords of Privy Council, was, The said Johnne Meldrum to be tane upone Tysday nixt, in the eftirnoone, to the mereat crocc of Edinburgh, and thair to be hangit upone ane gibbet quhill he be deid, and thair- eftir his heid, with his tua armes and tua leggis, to be quarterit and strukin frome his body, and put up upone irne prikis upone the foure severall poirtis of the said burgh ; and his haill landis, heritages, takis, steidingis, rowmes, possessiones, guidis, and geir, alsweill moveable as immoveable, pertening to him, to be forfaltit, escheit, and inbrocht to our soverane lordis use, as culpable and convict of the said tressonable cryme. Quhairupone his Maiesteis ad- uocat askit instrumentis. After his conviction the lords of Privy Council gave warrant to certain clergy- men to confer with the prisoner, with the view of extracting from him a con- fession of his guilt. With what success does not appear. The lords of secreit counsell nominats and appoints, and therwithall ordains and com- mands the bishops of Dumblane and Rosse, Mr. Harie Rollock, Mr. David Mitchell, and Mr. Thomas Sydserf, to resort and repaire to Johne Meldrum, prisonner in the tolbuith of Edinburgh, and to enter into conference with him, and to use thair best travellis and en- deavoures, for bringing of the said Johne to a confessioun of the truthe of that foule cryme whairwith he is convict ; and discharges the jaylour of the tolbuith, his servants, and all others quhatsomever, to be present at the said conference, requiring the said bishop of Dum- blane to tak the faithful! promise of the rest of his brethrein, not to reveale what the said Johne sail dely ver unto thame. A Ballad is still sung in the district around Frendraught, which, says Motherwell " has a high degree of poetic merit, and probably was written at the time by an eye witness of the event which it records ; for there is a horrid vivacity of colour- ing and circumstantial minuteness in the description of the agonies of the un- happy sufferers, which none but a spectator could have given " a It may at least be conjectured that the Ballad has preserved the recent impressions which the sad event had made on the minds of the country people. It is also the subject of two poems by Arthur Johnston, under the following titles — "Querela Sophia; Haya;, Dominae de Melgeine, de morte mariti," and " De loanne Gordonio, Vice- comite de Melgein, et loanne Gordonio de Rothimay in arce Frendriaca com- bustis." b " Minstrelsy, Ancient and Modern, with an Historical Introduction and Notes, by William Motherwell, p. 161. Glasg 181'7. b Delit. Poet. Scot . vol. i., pp. 585, 587. APPENDIX. 409 The following version of the ballad from Motherwell's work is believed to be the best : — a The eighteenth of October, A dismal tale to hear, How good Lord John and Rothiemay Was both burnt in the fire. When steeds was saddled and well bridled And ready for to ride, Then out came her and false Frendraught, Inviting them to bide. Said — " Stay this night untill we sup, The morn untill we dine ; 'Twill be a token of good 'greement 'Twixt your good Lord and mine." " We'll turn again," said good Lord John— " But no," said Rothiemay — " My steed's trapan'd, my bridle's broken. I fear the day I'm fey." When mass was sung, and bells was rung, And all men bound for bed, Then good Lord John and Rothiemay In one chamber w as laid. They had not long cast off their cloaths, And were but now asleep — When the weary smoke began to rise, Likewise the scorching heat. " 0 waken, waken, Rothiemav. O waken, brother dear, And turn you to our Saviour, There is strong treason here." When they were dressed in their cloaths, And ready for to boun ; The doors and windows was all secur'd The roof tree burning down. He did him to the wire-window As last as he could gang — - Says — " Wae to the hands put in the stancheons, For out we'll never win." When he stood at the wire-window, Most doleful to be seen, • Motherwell's Minstrelsy, p. 1C7. 3 F 410 APPENDIX. He did espy her, Lady Frendraught, Who stood upon the green. Cried — " Mercy, mercy, Lady Frendraught. Will ye not sink with sin? For first your husband killed my father, And now you burn his son." O then out spoke her, Lady Frendraught. And loudly did she cry — " It were great pity for good Lord John, But none for Rothiemay. But the keys are casten in the deep draw well, Ye cannot get away." While he stood in this dreadful plight, Most piteous to be seen, There called out his servant Gordon, As he had frantic been. •' O loup, O loup, my dear master, 0 loup and come to me ; I'll catch you in my arras two, One foot I will not flee. " 0 loup, O loup, my dear master, 0 loup and come away, I'll catch you in my arms two, But Rothiemay may lie. " The fish shall never swim in the flood, Nor corn grow through the clay, Nor the fiercest fire that ever was kindled, Twin me and Rothiemay." " But I cannot loup, I cannot come, 1 cannot win to thee ; My head's fast in the wire-window. My feet burning from me. " My eyes are seething in my head, My flesh roasting also, My bowels are boiling with my blood, Is not that a woeful woe ? " Take here the rings from my white fingers, That are so long and small, And give them to my Lady fair, Where she sits in her hall. " So I cannot loup, I cannot come, I cannot loup to thee — My earthly part is all consumed, My spirit but speaks to thee." Appendix. 411 Wringing her hands, tearing her hair, His Lady she was seen, And thus addressed his servant Gordon, Where he stood on the green. " 0 wae be to you, George Gordon, An ill death may you die, So safe and sound as you stand there, And my Lord bereaved from me." " I bad him loup, I bad him come, 1 bad him loup to me, I'd catch him in my arms two, A foot 1 should not flee. " He threw me the rings from his white fingers, Which were so long and small, To give to you his Lady fair, Where you sat in your hall.*' Sophia Hay, Sophia Hay, 0 bonny Sophia was her name — Her waiting maid put on her cloaths, But I wat she tore them off again. And aft she cried, " Ohon ! alas, alas, A sair heart's ill to win ; 1 wan a sair heart when I married him, And the day it's well return 'd again." No II. ADAM BANNATYNE, BISHOP OF ABERDEEN. This prelate was of the family of Kilconquhar, and succeeded to the lands of that name while he was minister at Falkirk. In 1615 he was promoted to the see of Dunblane, and continued in that place till he was translated to Aberdeen on the death of bishop Forbes. The following extracts from Wodrow's " Collections" 2 on the life of Bishop Bannatyne, are introduced here, as serving to illustrate his management of several public matters in which he was occupied. Several of the letters have been ■ In Wodrow's MS. Collections in the Library of the University of Glasgow. 412 APPENDIX. printed by Lord Ilailes, in " Memorials and Letters relating to the History of Britain in the reign of Charles the first." Edinburgh, 1766. I have no more, as to the bishop, till the year 1633. When the King came down he found matters not yet ripe for introduction of the whole of the English usages in worship to Scotland. However, to prepare for this when the liturgy should be ready, he ordered the English service to be set up in his royall chappell, and wrote to the bishop, who was dean of it, and sent him his directions. I have the King's originall letter he sent with the directions, which, it seems, Mr. Collier has not seen when he published the di- rections. — History, v. 2, p. 760. Its proper they stand both here. Mr. Collier introduces his account of this matter thus, — " The King (when in Scotland) had observed the orders in the late reigne, for officiating in the English, liturgy at Hallyroodhouse, had been dis- continoued ; and being resolved to attempt the bringing the whole island to an uniformity of worship, he conceived the use of the English common prayer in the chappell rovail might prove a serviceable introduction. For tryall of this experiment, he ordered Ban- nantine, bishop of Dumblane, and dean of the chappell there, the following instructions. - ' lie begin with The King's letter to the bishop, which came with them, from the originall, and it runs thus: — Charles Rex — "Reverend father in God, and trusty and well beloved counsellour, we greet you well. We have thought good, for the better ordering of the divine service, to be performed in our chappell royall there, to send down some articles, under our hand, to be observed therein, which wee send you where inclosed. And its our speciall pleasure that you see every thing carefully performed, according as we have directed by those in- closed articles ; and likewise, that you certify to the lords of our privy council, that it' any of those appointed by our former letters to them, to communicat in our chappell royall, shall not accordingly perform the same, to effect such order may be taken by our council therein, as by our saids former letters to them we did appoint ; wherein, expectinp- your diligence and care, we bid you farewell. From our court at Whitehall, the 8th day of October, 1633." This letter is quotted on the back, " To the reverend father in God, and our right trustie and well beloved counsellour, the bishop of Dumblane, dean of our chappell royall, in the kingdom of Scotland;" and above the address is, " The letter and orders for the chappell royall." The orders follow : — Charles Rex. " 1. Our express will and pleasure is, that the dean of our chappell that now is, and his successors, shall be assistant to the right reverend father in God the archbishop of Saint Andrews at the coronation, so often as it shall happen. " 2. That the book of the form of our coronation, lately used, be put into a little box, and laid into a standart, and committed to the care of the dean of the chappell successively. " 3. That there be prayers twice a-day with the choirs, as well in our absence as other- wise, according to the English liturgy, till some other course be taken for making one that may fitt the customes and constitutions of that church. " 4. That the dean of the chappell look carefully that all that receive the blessed Sacra- ment there receive it kneeling ; and that there be a communion held there the first Sabbath of every month in our chappell. " 5. That the dean of our chappell that now is, and so successively, shall come duelv thither to prayers on Sundays, and such holy dayes as the church observes, in his winters, and preach so, whensoever he preaches there, and that he be not absent thence but on necessary occasion of his diocess or otherwise, according to the course of his preferment. " 6. That those orders shall be our warrand to the dean of our chappell, that the lords of our privy council, the lords of session, the advocat, clerk, and writers to the signet, and members of the colledge of justice, be commanded to receive the holy communion once a-year at least, in that our chappell royall, and kneeling, for examples sake to the kingdome. APPENDIX. 41:5 And we likewise command the dean aforesaid to make report yearly unto us how we are obeyed therein, and by whom? and also, if any man shall refuse, in what manner he doth so, and why ? " 7. That the copes which are consecrated for the use of our chappell be delivered unto the dean, to be keeped upon inventary by him, and in a standart provided for that purpose, and to be used at the celebration of the Sacrament in our royal 1 chappell. " To these orders we shall afterwards add others, if we find others more neeessarv for tin- service of God there. October 8th, 1633."' Mr. Collier suspects the bishop as not fully come off from his own presbyterian principles, but in my opinion he wrongs him. His words are, " and the King, possibly being appre- hensive that Bannanline would be warping toward the presbiterian pcrswasion, gave the archbishop of Canterbury a warrand in write, to correspond with this bishop of Dumblane, and transmitt his Majesty's directions to him for the management of the chappell." I do not doubt of this ; and I have some of bishop Laud's originall letters to the bishop, in eon- sequence of this warrand. No doubt there were more of them, but they are now lost ; and the few I have are sadly crazed and torn, and a good part of the last is past reading. I shall give them as they are. The first is dated January 14, 1633, in our stile 1634, and runs : — " Salutem in Christo my very good Lord. You are much beholden to my Lord Stirling, and as for myself 1 did you the best service I could. I am glade your troublesome suites are at an end.' I hope what the King hath now done will preserve you against your pressing necessityes. through which, I pray God send you a good passage. But for Westminster foes, they did you much wrong, whoever they are, that made those relations to you ; for my former letter I trust to you. As to your lordships preferment, when that place falls, I can say nothing, but I assure you his Majesty hath a very good opinion both of you and your services, and therefore I do not doubt but he will take you and your condition into consideration. At this time you have given his Majesty good content, and he expects you will continue in that course, and let him still receive a note of who they be that conform and who not ; for I see his Majesty is resolved to go constantly on, and therefore you must not fail. I have considered how much reason you speak concerning the poor singing men, and have received their petition, which you sent inclosed. I must needs say, their case deserves a great deal of commisseration, and the very first time I got access to his Majesty, after the receipt of your letters, I acquainted him with their necessitys, and he, like a gracious and good prince, was very much moved with it, and commanded me to deliver their petition to my Lord Stirling, that some course might be taken for them. And this I will do, so soon as I can meet with that Lord, God willing, which I hope will be this day ; and so soon as I can drive it to any good issue you shall hear from me. So, in haste, I leave you to the grace of God. " Your Lordships very loving friend and brother, Lambeth, January 14, 1633. " W. Cant.'' This letter is addressed, " To the right reverend father in God, my very good lord and brother, the lord bishop of Dumblane at Edinburroiv," and above the address, all in the same hand, " anent his encouragement and anent non-communicants." The primates next letter is in May that same year, and is directed as the former ; and above the address stands anent the liturgy and his sermon. I know not what to make of those summarys above the address on bishop Laud's letters, unless they were like contents in the primates register of letters, for his better perusall of them, and put also on the back of the letters when sent away. That letter runs thus : — " Salutem in Christo. My very good lord. I am right sorry for the death of the bishop of Edinburrow, the loss being very great both to the King and the church. I acquainted his Majesty how needful it was to fill that place with an able successor ; when mention was made of diverse men to succeed, I did as you desired, shew his Majesty what your desires were, and what necessitys lay upon yon. 414 APPENDIX. After ranch consideration, his Majesty did resolve to give the bishoprick of Edinburgh to my lord of Brichen. As for yourself, he commanded me to write expressly to you, that he did not take it well, that, contrary to his express command, you had ommitted prayers in the chappcll royall according to the English liturgy, with some ommissions there, which please him not. Besides, his Majesty hath heard that there have lately been some differences in Edinburgh about the sufferings of Christ, &c, and that your lordship was some cause of them ; or at least, such an occasion as might have bred much disturbance, if the late bishop of Edinburgh his care and temper had not moderated it, and this his Majesty is not well pleased with neither ; and this hath been the cause why his Majesty hath, as I conceive, past you over in this remove ; and you shall do very well both to apply yourself better to his Majesty's service and the well ordering of that church, lest you give just occasion to pass you by when any other remove falls. I am sorry that 1 must write thus to you, but the only way of help lyes in yourself, and in your own carriage ; and, therefore, if you will not be carefull of that, I do not see what any friend can do for you. Therefore, not doubting but you will take these things into your serious consideration, for your own good, 1 leave you to the grace of God, and rest, Your lordship's very loving friend and brother, Lambeth, May 6, 1634. W. Cant." I do not mix in my remarks, with those principall papers. Its enough that I lay them before my readers, who will make naturall enough reflections on them. This letter is as discreet, and yet quick and handsome a banter upon the bishop of Dumblane, as well as a strong threatening of him, if he came not in intirely to the primate 's schemes and measures, as one can read almost. Every body knowes that Laud was sole minister for Scotland at this time, at least as to Church matters, and did all ; and one cannot doubt easily, that the reasons of overlooking the bishop of Dumblane were suggested to him by the writer of them. Bishop Spotswood, as far as I can guess, would not suggest them, because he was no biggot for bishop Laud's way ; and the old bishops were none of the keenest sticklers for Arminianisme. Probably Sydscrfe, Maxwell, and the rest of Laud's followers, informed him of those things, and he laid them before the King. Bishop Bannantine was zealous enough for the ceremonies, and, according to bishop Laud's own testimony, did the King good service that way a few months before this. No doubt he had given his reasons why the English liturgy was not used in the chappell, though they would be very strong ones -which would convince the primat of England; but the great point was that of doctrine, from the summ on the back of the letter, ancnt his sermon. I guess the bishop of Dumblane had a sermon at Edinburgh, in the old strain of the doctrine of the church of Scotland, and probably against the pipislicall and Arminian doctrines, which Laud countenanced in Eng- land, and his creatures, Sydscrf, Maxwell and Forbes, late bishop of Edinburgh, used to teach, to gratify their patron Laud. Considering the detail given here, it appears, before bishop Forbes death, and it may be before January last, when bishop Bannantine stood very well with the King otherwise, bishop Forbes could not have, by his moderation, pre- vented the ill consequences of it. Probably, indeed, bishop I^aud knew not of Bannantine 's sermon till of late. But after he had looked upon the English liturgy, and especially when he bad opposed the Arminio- Pelagian-popish doctrine, he must stand where he is, and not be advanced. But to return to the primate's letters : In Julij following, when the Bishop of Dumblane had made a return to the former, which it seems drew forth an apology ; Bishop Laud writes again to him, with the former address, and this above it, anent reading the liturgy, and his sermon at Edinburgh. And it runs thus, from the originall, as they all are. " Salutem in Christo. My very good lord, my haste at this time, forces me to write very briefly. And those are to let you know, that I wrote nothing in my former letter, but as the King's Majesty was informed, and myself by him commanded. I have now read your lordships letters to his Majesty, which hath in some part satisfyed him, but not altogether. As to the first, his Majesty saith, that though APPENDIX. 4\r, the gentlemen of the chappell royall did absent themselves, for fear of arrests, having not to pay, and that might hinder the service in the chappell, in a solemn and fonnall way of singing by them ; yet his Majesty thinks you might have goto a Chaplain of your own, to have react the English liturgy ; that so the work, for the main part of it, might have gone on. And for the payment of those men, I think your lordship knowes I have done all the good offices I can, but have it not in my power to mend all the difficultys of the time. Concerning the disturbance that was in Edinburgh, if any wrong was done your lordship, it must be on them who mis-reported you to the King, whoever they were : and albeit the King took it not ill, that you advised the late Bishop of Edinburgh to appease the dis- turbance ; for that was very worthily and discreetly done in you : but, in as far as I re- member, the charge laid upon you to the King was, that in your own sermon which you preached about that time, you did rather side with one party, than either reprove or com- pose the difference, though I must needs confess to your lordship, that, by reason of the multitude of businesses which lye upon me, I cannot charge my memory with the particular. You have done very well to acquaint the lords of council and session, with his Majestys resolution concerning the communion in the chappell royall ; and I doubt not but if you continue to do what his Majesty looks for, and which is most just, and fitt to be done, but that you will easily receave his Majesty's favour, and find the good of it. So, in haste, I leave you to the grace of God, and rest Your lordship's very loving friend and brother, Lambeth, July 1, 1634. W. Cant."' The next letter is dated October 4, that same year ; but more than the half of it is con- sumed and torn, so 1 can give only a paragraph at the beginning and the end. It runs thus: — Salutem in Christo. " My very good lord. I have a second time moved his Ma- jesty concerning them that obeyed or disobeyed his commands in receiving the com- munion at the chappell of Ilallyroodhouse, and you shall not fail to receive his Majesty's answer by my Lord of Ross ; so that I have not need to be further troublesome to you in that particular." (The next paragraph, of 5 or 6 lines, I can make nothing of ; it seems to import that his Majesty was now satisfyed as to the bishops carriage with respect to the English service in the chappell). Then he adds, — "That one of the gentlemen of the chappell royall had been at London, and received half of the money which had been pro- mised them. And he was told that the other was payed also to one of their company, whom themselves employed to receive it, who, it seems, was bankrupt, and either run away with their money or mispent it, or else served his own turn with it. Now, what to say to this" (adds he) " I cannot tell ; for the checquer is not in that case that I can think it fitt, or if I do, I am sure the lord thesaurcr will not think so, that the King should pay the same summ twice ; and yet I must confess it falls very hard upon the poor men to bear the loss, but they should have been wiser in the choice of their agent. Notwithstanding, if there can be any hope in this case to relieve, I shall do my best, and for the future, my lord, promeis to me they shall be duelie payed. So I leave you to the grace of God, and rest, Your lordship's very loving friend and brother, Croyden, October 4, 1634. W. Cant." The next letter, if I mistake it not, clears what is wanting in the former, and is addressed as the first, and above it is written about wearing the whites. It runs : Salutem in Christo. " My very good lord, I am very glade tihear your resolutions for ordering the chappell royall ; and that you are resolved to wear your whites, notwithstanding of the malicious- ness of foolish men. I know his Majesty will take your obedience and care very well ; and being fully satisfyed, both concerning your sermon, and all things else committed to your trust, you may, as opportunity serves, expect from his Majesty all reasonable things, and I shall not be wanting to give you all the assistances that I can, upon all occasions, of which I heartily pray you not to doubt. My lord, the Earle of Traqueii is now come, and 416 APPENDIX. 1 shall take the first opportunity I can to speak once more to him about the gentlemen of your ehappell, and shall shew him what your lordship writes concerning one Edward Kelly whom you mention ; and what answer soever I can get, you shall receive from me. So in haste, 1 leave you to the grace of God, and rest, Your lordship's very loving friend and brother, Lambeth, January 12, 163|. W. Cant." P.S. — " I have spoken with my Lord Traqueir, and he tells me (if I mistook him not) that payment was made to Kelly with relation to the gentlemen of the ehappell, and that your own hand, as well as others, is to some agreement made about it. The paper was not then about him, else he had shewed it. Very little offers to me concerning the bishop after he went to Aberdeen. In bishop Spots-wood s life the reader hath a letter from bishop Land, complaining heavily of the bishop of Abcrdeens allowing a fast to be keeped in his diocess, 1637, not appointed by the King or the bishops. Matters were now come the length, that ministers resumed the native power of their office ; and its probable the bishop knew the fast mould be keeped, whether he allowed it or not, and so chuse to comply. In the assembly, 1638, he was cited with the rest of the bishops, and did not appear or send any excuse, and it seems stood firm to his prelatical principles ; and so he was not only deposed by the assembly, but for his contumacy, and other crimes, excommunicat by the assembly, with the bishops who had given in a declinature. 3 •• Mil very good lord. Salutem in Christo. I have but one thing at this present to trouble you with, but that hath very much displeased the King, and not without very just cause ; for now when the King is settling that church against all things that were defective in it, and against the continowance of all unwarrantable customes, unknown to, and opposed by the ancient church of Christ. The now bishop of Aberdeen hath given way to, and allowed a publick fast throughout his Diocese, to be keeped on the Lord's day, contrary to the rules of Christianity, and all the ancient canons of the church. I was in good hopes that church had quite laid down that ill custome ; but since it appears that the now bishop of Aberdeen hath continued it, and perhaps others may follow his example, if this pass without a check, therefore his Majesty's express will and command to your grace is, that you and my lord Glasgow take order with all the bishops in your severall provinces re- spectively, that no man presume to suffer or command any fast upon that day, or indeed any publick fast ou any other day, without the speciall leave and command of the King, to whose power it belongs, and not to them. And further, his Majesty's will and pleasure is, that if the canons be not already printed, as I presume they are not, that you make a canon purposely against this unworthy custome, and see it printed with the rest, and that you write a short letter to the bishop of Aberdeen, to let him see how far he hath overshot himself ; which letter you may send with those of mine, if you so please. This is all which for the present I have to trouble you with. Therefore, leaving you to God's blessed protection, I rest, Your grace's very loving friend and brother, December 1, 1635. W. Cantkrbury." '• Let me only add, because it relates to this same matter, archbishop Laud's letter to the Earle of Traquair, a few days after this," (disturbance about introduction of liturgy) " like- wise from Rushworth. My very good lord. I have received your letter of August 20, and am very glade to read in them that mine came safle to your hand by your servant. For the bussiness, I had some little inkling given me by my Lord Striviling about the stay of the service book ; but till I read your letter, I did not believe it possible that way should be " Wodrow, in certain " Addenda to Life of Bishop Bannatync," quotes from Rushworth, Archbishop Laud's letter regarding an irregular fast ltept by the bishop of Aberdeen within his diocese.* * Rushworth's Historical Collections, vol. ii., page 315. APPENDIX. 417 given to an interdiction, especially considering how strongly you had ever opposed it : and withall, how weak and uneounsellable, at least in my judgement, the thing itself was, for they could not but forsee that that course would add a great deal of heartning and en- couragement to the puritan party, and therefore its no wonder such . . . and others as were ill affected to the liturgy, were easy in giving way to that counsell, which thev could not but see would advance their own ends ; but that my lord of Ross should give the advice, and my lord of Saint Andrews follow it with such stifnes, may be a wonder to any man that knowes them and the bussiness. My lord Saint Andrews hath lately written to me, that my lord of Ross was gone to his diocess ; but for my part 1 did not think that all the rest would have gone away and left the bussiness, for they cannot but think that the adverse party would make use of the pre- sent time, to put further difficultys upon the work ; and, therefore, they should have been as carefull to uphold it, my lord of Ross especially, whose hand hath been as much on it as the most But since they are gone, his Majesty takes it extremely well, that my lord of Edinburgh, Galloivay, and Dumblain, have stayed and attended the business as they can ; and he hath expressly commanded me to give your lordship thanks for staying with them, and keeping them so well in heart ; for as the bussiness is now foiled, if you do not stick close to God's and the King's service in it, it will certainly suffer more than its fitt it should," [etc.] No. III. DR. WILLIAM FORBES, BISHOP OF EDINBURGH. It appears from the following letter, that Dr. Forbes had been suggested as a person qualified for the office of Principal of Marischal College four years before he was elected to that office. The letter is written by the legal adviser of the Magistrates, and suggests either Mr. Charles Ferme, minister of Fraserburgh, and principal-elect of the proposed College and University of Fraserburgh, or Mr. William Forbes, as a suitable successor of Principal Gilbert Gray, lately de- ceased. Mr. Andrew Aidy, however, was elected to the office, and to him Mr. Forbes succeeded in 1618. Richt honorable, — efter remembrance of my dewetie, I haue receauit your letter fra this bearar ; be the quhilk I am made partaker of your sorow for the death of these tua honorable and glide men, quhilk God lies callit out frome amangis you to himselff. Quhairas, ye speir my counsell quhat ye sail do anent the filling vp of thair roumes ; to the first, I can not gudlie give yow ansuer ; ye ar acquanted thairwith obefoir. In the persone of vmquhile Alexander Cullen, your lait provest, 1 think thair is na necessitie of any new electionn, ffor ye may serue the seat be ane vice-provest ; always, if ye be of mynd to eheise ane new provest, ye do na wrang thairin, and ye may do it lauchfullie. The nixt questioun is mair important anent the principall, his place. I lyk your choyse verie weill of Mr. Charles Ferme. Thair is tua irapedimentis ; ane, he is sackler, ane vther, it will be hard to obtane him. I will think als guide of Mr. Williame Forbes, quha is now at the kirk of Mony- musk, hot 1 fear the smalnes of the stipend sal be ane hinder to all gude sprittis. Gif ye 3 G APPENDIX. think it gude, I sail deale with the archbishopis of St. Andrew's and Glasgow ancnt Mr. Charles Ferme, and in the meantyme, quhill I receave your ansucr in that matter, I salbe dealing with thame, I feare I he over trew ane propheit, to witt, that ye sail not get Mr. Gilbert Gray euerie day, quho with the hurt of his awin rent vpheld that estate. Wald God I wer deceaved. Thair sail inlaik na diligence in me for furtherance of your honorable effairis. As ye pleas, adverteis me ; and sua, cessing to truble yow any farder, I rest, Your honouris at power to be commandit, Edinburgh, 5th January, 1(514. Th. Nicolson. To the richt honorable the ballyeis and counsell of Aberden. 3 The following letter from Dr. Forbes, to the provost and baillies of Aberdeen, relates to his removal from Aberdeen to a cure of souls in Edinburgh, a measure which he and they appear to have opposed: — Richt honorable, — My most hartie affectioun and dew respect to yow being rememberit, ye sail vnderstand that, on the thrid of Januar last, the mater of my transplantatioun, at the suit of the commissioneris of Edinburgh, wes handlit heir in St. Androis before the hie commissioun, quhair we war clein borne doun be my lord of St. Androis and the rest of the commissioneris, our only most worthie bischop being exceptit, quho ever remanes constant in his guidwill both towardis you and me. And becaus the mater could not be sentencit be thame without the concurrance of the commissioneris of the generall assemblie, to quhome power is delegat for planting of the kirk of Edinburgh, I wes citat apud acta to compeir before thame at Edinburgh on Weedinsday nixt, being the nynt of this instant, thair in writt to gif in the ressounes of my refusall of transportatioun, bot, in a word, that formale sentence may be gevin out aganis me. The baillie hes mor fullie acquentit yow with all procedingis, who most faithfullie hes acquyt himself!" of all that trust ye reposit in him. This is an soir wynd to all our hartis, bot God, who hes wyndit ws, will in his awin tyme haill ws agane. Trusting in God, and the constancie of your fauour, I sail, Godwilling, notwithstanding all thais machinatiounes, remane constant in my word and promeis maid to vow. Thus, recommending yow and my pure self to Godis gratious blissing and protee- tioun, I rest, now and ever, Youris ever in Christ, St. Androis, 4th Januarij, 1622. Mr. Wm. Forbes. To the richt honorable my lord provest and baillies of Abirdenc. Many testimonies to the learning and piety of Forbes are quoted in the notice of him and his works in Gordon's Scots Affairs, vol. iii., pp. '241-2. The follow- ing summary of his opinions is given by a writer who could see little good in the bishop : — " If Mr. Forbes had left in legacy a confession of his faith, Ii vould have been a strainge miscellaneous farrago, and hotch potch of Popery, Arminianisme, Luther anismc, and what not. M rs - John Maxwell, Sydserf, and Mitchell were never heard to utter any unsound doctrine and heterodoxy, except in relation to prelacie and ceremonies, till Doctor Forbes came to Edinburgh. But then it was taught, that the pope is not antichrist ; that a papist living and dying such may be saved; that Christ descended locally into hell; that he dyed " In a letter written by Mr Nicolson, about ten years after this time, to Provost George Nicolson of Aberdeen, he adds the following postscript : — " If my gossope Patrik Dauidsoun will gif yow the auld toini^ conteanit in the auld psaliine buick, I mean the specialls thairof, the nynt and tuelt, and sik vtheris under the four pairtis, I will requeist yow to send thame and gif him xx li. for bis panis. I seik none of the tuelf loins quhilk ar callit the new tons."* * These Letters were recently discovered among the papers belonging to the Burgh of Aberdeen. APPENDIX. tl9 for all intentionally to redeem all ; that there is an univcrsall grace ; that the saints may fall from, grace finally and totally ; that Christ is really present in the sacrament ; verbum audimut, motum sentimus, modum nescimvs, though as yet they would not as yet speak out either consubstantiation or transubstantiatiun ; that in honorem sacerdotii, a minister may meddle with secular affairs, be upon parliament, court, conned, session, exchequer, commission, Sfc. ; that ministers doctrine shoidd not be examined by the people, but seeing they watch for their souls, as those that must give account, the people should belive what they preach to them. All these points, and many more, have we heard with our ears, preached in that most eminent watch tower of this kirk." (Quoted in Woclrow's MSS. Collections on tin- Life of Dr. Forbes, in the University of Glasgow, from Row's " Historie of the Kirk," and slightly differing from the passage as printed in the Wodrow Club edition of Row's work, pp. 371-2. Wodrow refers to a life of the bishop written in latin verse by Mr. Andrew Stephens, schoolmaster at Fetteresso, in praise of the character of this prelate, and quotes the commendatory opinions of Chartcris, Bayle, and bishop Burnet, which will be found in Gordon's Scots Affairs, ut supra.) IV. BROKEN MEN. Various proclamations against " broken Hielandmen" and " broken men," occur in the Records of the Privy Council, in the course of the years 1633 and 1634. On '25th September, 1634, the Privy Council issued the following commission against sorners and " broken men" of the Clangregor and other clans, on grounds which indicate the weakness of the law, and the generally disorganized state of the country : — Forsameekle as the lords of secrcit counsell are informed that ane great nomber of sorners, and brokin men of the Clangregour, Clanranald, Clanlaehlane, and others broken clans dwelling under the laird of M'Gregour, the laird of Glengarrie, Allane M'Eeane Davy and his sonnes, the captane of Clanrannald, awl ellis where in the Hielands, have verie heavilie infested and spoyled diverse of his Majesteis good subjects dwelling within the shirreffdomes of Murrey ; namelie, upon the day of August last, they came to the hous of Chalmer in Ormestoun, band himselffe and his wife hande and foote, spoyld his hous, and reft and away took ane thousand punds or thairby ; and upone the day of the said moneth thaireftir, thay in lyk maner spoyled and herryed the hous of Andro Geddes in Cairmccht ; and upon the day of the said moneth, they came to the hous of Johnnc Mair in Braemurry, and robed and spolyed the said Johne of his goods, and gave Mr James Cuming, being in the hous for the tyme, elliven wounds with his awin durke : Lykeas, in the moneth of Junij last, they violentlie lifted and away tooke ane heirship of fiftie heid of oxin aff the month of Dolleis ; and in the moneth of July thairafter, thay thifteouslie staw three meirs from Thomas Gdzeane in Haltoun, togiddcr with ane blak horse ; and laitlie. in the moneth of September instant, they violentlie drave away ellevin hors and meirs per- teining to John Hay in Ortoun : by the quhilkis, and manie moe greevous oppressiouns and depredations and heirships, committed upon his Majesteis good subjects in the incuntrie of Murray be thir brokin lymmais and sorners, who goe about the countrie in great troupes 420 APPENDIX. and companies, and, with unlawful] weapons, the haill inhabitants in these bounds ar in continuall feare of thair lyffes and spoyling of thair goods, and darre not keepe thair horssis nor cattell in the countrie, as hes beene represented to the saids lords, by ane commissioner sent unto thame from the barrons and gentlemen of the countrie of Murray ; and the saids lords understanding that the peaceable and free passage quhilk thir sorners hes from the parts of thair abode, throw the lands of diuerse barons and gentlemen, to thir parts of the incuntrie of Murray, encourages thame to hazard upon suche disperat and wicked attempts: and to the effect the said barons and gentlemen raise no pretext or colour of overseing the lymmars, for want of power and auchtoretie to represse thair incursiouns and depredatiouns : Thairfoir, the lords of secreit counsell hes givin and grantit, and be the tennour heirof gives and grants full power, auchtoretie, and commissioun, expresse bidding and charge, to the persons particularlie underwrittin ; they ar to say, Sir Johne Grant of Freuchie, Sir Robert Innes of that ilke, Hucheon Ros of Kilraack, Alexander Dunbar of Grange, Alexander Brodie of Lethame, Robert Dunbar of Burgh, Mr. James Campbell of Moy, Johne Grant, appeirand of Baliudallach, Mr. Samuel Falconer of Kincorth, Robert Leslie of Fynrassie, Johne Inness of Leuchars, Coline Campbell, sonne to Sir James Campbell of Calder, James Sutherland, tutour of Duffus, Mr. David Stewart of Newtoun, and Walter Leslie of Glen, conjunctlie and severallie, to conuocat his Majesteis lieges in armes, and to pas, searche, seeke, and take all sorners, brokin men, and lymmars, committing any heir- ships, depredatiouns, stouthreaffes, wherevir thay may be apprehendit, and to pas, follow, and persew thame, and to bring and exhibite thame before the shirefi", or uther ordinar judge, where they sail be apprehendit, to underly tliair deserved tryell and punishement ; and in caise it sail happin anie of the saids brokin men and sorners, for eschewing of apprc- hrnsioun, to flee to strenths and houses, with power to the saids commissioners to pas, follow, and persew thame, assiege the saids strenths and houses, waste be fyre, and use all kynde of force and warrelike ingyne requisite for winning and recoverie of the same, and appre- hending of the saids brokin men being therein. On 13th November, 1634, occur the following " charges against the Marquis of Huntlie and others, anent the disorders in the North," which afford no less pregnant evidence of the prostration of law and authority : — Charges agains the Marques of Huntlie and others anent the disorders in the North — Forsamekle as the lords of secret counsell ar informed, that great numbers of sorners and brokin men of the clan Gregour, clan Lachlane, and others brokin clans in Lochquaber, Stradoun, Glencoe, Bramar, and others parts of the Hielands, as alswa diuerse of the name of Gordoun, and thair dependers and followars in the in countrie, have this long time, and now latelie verie greevouslie, infested his Majesties loyal subjects in the north parts, especiallie the laird of Frendraucht and his tenants, by frequent slauchters, heirships, and barbarous cruelties committed upone thame, and be ane lait treasonable fyreraising within the said laird of Fendraucht his bounds, whereby not onlie is all the gentlemans lands laid waist, his haill goods and bestiall spoyled, slane, and maigled, some of his servants killed ,iud cruellie demayned, bot also the haill teunants of his lands, and domesticks of his hous, have left his service, and himself, with the hazard of his life, hes been forced to steal away under nyght and have his refuge to his Majesteis counsell, and thir disorders ar grown to that hight, that almost no where in the north countrie can his Majesteis subjicts promise safetie to thare persones or means, the breake of his Majesteis peace in these l )uunds being so universall, as the verie borrowes and touns thameselfTes are in continuall feare and danger of some suddane surprise, by fire or otherwayes, from thir brokin men : and the lords of secreit counsell, in this so deplorable estait of the countrie, finding it their hounden duty to use all means possible for preserving the honour of his Majestic his aucl toretie and lawes, and reparation of the losses of his distressed subjects, thay have API'ICXDIX. 421 thairfoir resolved, upon trew information of the authors of thir disorders, thair abattcrs and resetters, to take such cxamplarie order thairanent as the delinquints may underly thair deserved punishment, and his Majesteis peaceable subjects be repaired in thair losses, and in tyme coming secured from the intrusions and disorders of the brokin men ; and for this effect, ordains lettres to be direct to heralds, pursuevants, or messingirs of armcs. charging the persons underwritten, thay ar to say, George Marqueis of Huntlic, and his bailzeis, Johne Gordoun of Buckie, Alexander Gordoun of Carneborrow, William Gordon of Tulloch, Sir James Gordoun of Lesmore, James Gordoun of Letterfoure, Johne and Nathaniell Gordons, sonnes to Johne Gordon of Ardlogie, Johne Gordon of Innermerky, Alexander Gordon his son, Johne Gordoun of Parke, Adam Gordon his brother, Duncane Braibner his greave, the laird of Gight, elder and yonger, John Gordoun of Ardlogie, Sir Alexander Gordoun of Cluny, Allane M'Eanduy and his sonnes, the laird of M'Gregour and Patrik his brother, the laird of Glengarie, M'Rannald of that ilke, elder and yonger, Gordoun of Terrisoul, M'lanbreck of Glencoe, the Erie of Athole, the Lord Lovat, Sir Robert Innes of Balvenie, Johne Grant of Glenmores- ton, Grant of Ratbimurchus, of Gleneveis, tutor of Gleneveis, John Ogilvie of Milnetown, the Lady Rothemay, Alexander Strauchane of Glenkindie, Thomas Gordon of Artlache, John Gordon his sone, Alexander Leith, brother to Hartbill, Patrick Gordoun, brother to Johne Gordoun of Auchinharroch, Johne Gordoun of Carnehill, Johne Gordoun in Corskellie, Duncane Cuming in Auchindown, John Fordyce in AuchincrifF, and George Moreson in Rothemay, &c, maisters and landslords to thir brokin lytnmars and chiftans of thair clans, and throw whois bounds thir brokin men have had thair repaire with thair hairships and depredations, and for whom, in that case, thay aucht to be answerable be the lawes of the countrie, to compear personallie befoir the lords of privie counsell upon the xvj. day of December nixtocome, to give information to the saids lords anent the heirships, slaughters, and depredatiouns, and others disorders committed upon the laird of Fendraucht, his tenants and servants, and others his Majesteis subjects in the north, since the burning of the toure of Fendraucht ; and forder to underly suche orders anent the peace of the countrie, and restraining the depredations of all brokin men dwelling upon thair lands, or being of thair clans, for whome they aucht to be answerable be the laws of the countrie, and tuicheing redresse to be made be thame to his Majesteis oppressed subjects, of thair losses and damages susteaned by the said brokin men since the burning of the said house of Fendraucht, as by his Majesteis lawes and actis of Parliament sail be found necessar, and that thay compeir personallie to the effect foresaid, under the pane of rebellion and putting of thame to the home ; and forder, under all highest pane and charge that efter may follow, with certificatioun to thame and they failzie, that not only sail they be denounced rebelles and put to the home, bot also suche forder exemplarie course sail be followed out aganis them, as his Majesteis honour and the peace of the countrie requires. On the same day, the following persons were charged to compear before the lords of Privy Council, to give evidence anent these disorders : — Johne bishop of Murrey, Mr. William Douglas, minister at Forgue, Normand Leslie of Tulloche, Walter Halket at the Milne of Rothemay, Mr. Alexander Inneis, parson of Rothiemay, Mr. Andrew Massie, minister at Drumblet, Mr. Johne Reidfurd, minister at Kmbettock, James Hamilton of Cors of Kinnore, Johne Hamilton his sone, Mr. Johne Annand, parson of Kinnore, Patrick , in Rothemay, Adamsons, elder and younger of Braco, Mr. Alexander Douglas, doctor of medicine in Bamf, Sir Alexander Hay of Delgatie, Mr. Robert Blair, minister of Forglen, Mr. Thomas Mitchel, parson of Turreff, Walter Urquhart of Crombie, Johne Gordoun of Carnefeild, Thomas Dorwart in Achannachie, Herris in Quhytlumes, Mr. Alexander Forbes in Turreff. Walter Barclay at the kirk of Keith, Johne Gordoun, younger of Achannachie, Johne Reidfurd in Mayen, Johne Steuinsone there, Patrik and George Murreyes in Auchintoull, 422 \ PPEND1X. Sir James Gordoun of Lesmore, Johne Gordoun of Buckie, Mr. Richard Maitland, minister at Abirchirdour, and Mr Johne Logie, minister at Rathvcn. On 27th November, 16.34, a charge was directed to the sheriffs of Aberdeen, Banff, Elgin, Forres, Nairn, and Inverness, to convene and raise in arms " the It ail 1 noblemen, gentlemen, and others fensall persons within thair jurisdictions," for the apprehension of Adame Gordoun, brother to Johne Gordon of Park, Alexander Gordon, younger of Inner- merkic, Williame Gordon, sone of Gordon of Gollachie, Johne Gordon, sone of Thomas Gordon of Artlache, Gordon, sone to Patrik Gordoun in Sutherland, Gordon, sone to Johne Gordon of Achanachy, Nathaniel Gordon, son to John Gordon of Ardlogie, Robert Gordon, brother to the laird of Geicht elder, Johne Gordoun in Rothemay, Alexander Leith, brother to Johne Leith of Harthill, William Ros, son to Johne Ros in Ballievat, M'Gillivora, servitour to Johne Gordoun of Park, and M'Abrubler, servitour to ... on the suspicion that they are the authors and committers of the lait disorders and insurrections in the north, and of the heirships, depredations, fire raising, and others disorders upon the laird of Fendraucht his tennents and servants, whois haill goods they have lifted, Lived thair lands waist, and hanged one of the poore tennents upon the gallowes of Strabogie ; and with ane high hand of rebellion they have resolved to make thameselffes masteris of the said laird of Fendraucht his haill estait, and to possess thame- selffes thairin, and to keep the same by strenth of armes in contempt and defiance of law and justice, being assisted in their disorders and rebellious courses by nombers of brokiu hieland men and others, with whome they goe up and doun the countrie, ravaging and oppressing his Maiesteis good subjects, aud in speciall, poore ministers who have not power to oppose thair violence, and that in so hostile and terrible ane manner, as the lyko has not been heard at anie tyme heretofore, to the disgrace of his Maiesteis government, and to the shame and reproache of his Maiesteis officers, and others his Maiesteis subjects of power, auchtoritie, and commandement within whois bounds thir rebellious persons re- sort. On the same day, " charges were issued inhibiting all and sundrie provosts and bailzeis of burrowes and seatouns whatsomever, and all maisters and awners of shippes, skippers, and mariners, that nane of thame presoome, nor tak upon hand to reteane or transport in thair shippes, or others vessels, anie of the persones above writtin, furth of the countrie." In an entry, dated 16th December, 1631, relative to certain " sorners and brokin men of the Clangregour, Clanlachlane, Clanranald, and others broken clans in Loquhaber, Stradoun, Glencoe, Bramar, and other parts, as also diverse of the name of Gordoun, and thair dependers and followers in the incountrie," the following witnesses were ordered to attend, on the supposition that they " can give ane licht and informatioun, anent the heirships and depredations lately com- mitted upon the laird of Frendraucht." Arthur Forbes in Barnehome, Mr. Robert Blair, minister at Forglen, William Pratt at Fyvie, Johne Gordoun at the Milne of Melros, Normand Leslie of Tulloch, Mr. William Douglas, minister at Forge, Mr. Richard Maitlane, minister at Aberchinlour, Mr. Johne Logie, minister at Rathven, Mr. Andro Massie, minister at Drumblet, Mr. Andro Kemp at Glenbucket, Mr. Thomas Mitchell, parson of Turreff, Mr. Harie Ros, minister at Raynie, Blacke Arthure Forbes, Alexander Strauchane, elder of Gleukindie, Alexander Strauchan appearand thairof, James Thomeson in Towie, Mr. Alexander Forbes in Turret!', Walter Ogilvie of Reidhyve, Johne Gordoun of Carnefeld, Thomas Dor wart in Auchanachie, APPENDIX. 423 Walker Halkct at the Milne of Rothemay, John Tarrell there, John Reidfirrd and John Stewinsone in Meyen, George and William Murreyes in Auchinoull. 18th December, 1634, " Johue archbishop of St. Andrewes" complained, " that nothing wes concluded or de- ponned in counsell (as he wes informed) anent the disorders in the north, hot the same wes made knowne and divulged unto the brokin men in the north ; and thairfoir the said arch- bishop recommendit to the counsell secrece in all things that sould be treated or deponed in counsell about the said disorders, under all highest pane." On 23rd December, 1634, the lords of secreit counsell lies modified, and be the tennor heirof modifeis to Mr Thomas Mitchell, parson of Turreff, Mr. Henrie Ros, minister at Reynie, Mr. John Logie, minister at Rathven, Mr. Andro Ker, minister at Glenbucket, Mr. Andro Masson, minister at Drumblet, Mr. Richard Maitlane, minister at Aberchirdour, Mr. Robert Blair, minister at Forglen, and Mr. William Douglas, minister at Forgue, and everie ane of thame, the sowme of ane hundreth punds, as for thair chairges and expenses in coming heir to give information anent the disorders in the north, to be payed to thame be his Majesteis thesaurer, depute thesaurar, and receavers of his Majesteis rents, out of the first and readiest of the goods of the brokin men in the north. On the same day the following persons were ordered to be summoned as witnesses anent these disorders : — James Anderson in Alexander Gordon in Mairdrum, Thomas Duff' in Rais. Adame Barclay there, Johne Gordon in Parkend of Strabogie, Gordon his son, John Spence in Brunslaire, James Hamilton in Corse, Johne Hamilton, his son, there, Mr. Johne Hamilton, parson of Kynnore, Mr. Robert Jamieson, parson of Botaric, Alexander Gordoun of Dunkintie, Donnald Farquharsone in Monaltrie, and Johne Gordoun his ser- vant, Donnald Farquharson, baillie to the Marques of Huntlie, of Strathawin, William Steuart at the boate of the Boig of Geicht, James Hay in Milpen, John Dumbreck of Orcade, Johne Robertson at the boat of Fiddich, Alexander Robertson at the boat of Skcr- dustane, Alexander Leslie in Riddrey, Patrik Innes, servitour to Balvenie, George Cum- ming in Belrynnes, William Gordon in Monymore in Glenliuat, Alexander Ogiluie of Knock, Mr. Alexander Inncs, parson of Rothemay, Mr. John Strauchan, minister at Coultestown, Sir James Gordoun of Lesmore, Sir George Ogilvie of Carnowsies, Mr. John Chalmer, minister at Innerawin, Robert Dumbar of Burgie, Mr. Gavin Dunbar, chanter of Murrey. On 22nd January, 1635, new charges are issued for the apprehension of Adame Gordoun, brother to the laird of Park, and his allies already mentioned, as being The authors and committers of the late disorders and insurrections in the north, and of the heirships, depredations, fireraisings, and others heavie oppressions committed upone the laird of Fendraucht his tenncnts and servants, whois haill goods they have lifted, laid thair lands waist, hanged one of the poore tennents upone the gallowes of Strabogie, burnt the said laird of Fendraucht his barn yaird, and compellis such of the tennents as re- maines upon the ground to pay thame blacke maill ; and with ane high hand of rebellion they have resolved to make thameselffes maisters of the said laird of Fendraucht his estait, and to possesse thameselffes thairin, and to keepe the same by strenth of armes in contempt and defyance of his Maiesteis royall auchtoritie, being assisted in thair rebellions by nombers of brokin hieland men and others, with whome they go up and doun the countrie, ravaging and oppressing his Maiesteis good subjects, and speciallie poore minis- 424 APPENDIX. ters who ar not of power to oppose thair violence, and that in so hostile and terrible ane manner as the like hes not beene heard of at anie time heretofore. It will be seen from the text a that the Marquis of Huntly was charged to appeal' before the Privy Council. The following minutes relate to his appearance, and to the charges laid upon him by the council : — Edinhrugh, 26th February, 1635. The whilk day, in presence of the lords of secreit coun- sell, compeired personallie George Marques of Huntlie, and declared, that with great infir- mitie and danger of his life he had made his addresse to this burgh in this unseasonable tvme of the yere, to give his appearance befoir the saids lords, and to answer anent the disorders in the north, and that for obedience of the charges execute agains him for that effect, and he humbelie craved of the said lords that they would be pleased to deligat some of thair nomber to confer with him anent that business to whome he hoped to give all satisfactioun that is prestable be him ; for quhilk purpois, the lords nominats and appoints the Earles of Lauderdaill and Tracquair, the bishop of Edinburgh, the clerke register and advocat, or anie three of thame, to meit with the Marques the morne, and at such other times as they sail thinke fitt, and to confer and reasoun with him anent the said disorders, authors and abatters of the same, and to i-epresent unto him the apparent presumptions of his accessioun and guiltines in the saids disorders, and how farre he may be burdened in law with the redresse thairof, and to report his answer, and thair opinion concerning the same to the saids lords, upon Tuesday nixt, till which time the lords continew all exccutioun agains the Marques. Apud Edinbrugh, 5th Martij, 1635. The lords of secreit counsell continewes the Marques of Huntlie his entering of his person in waird within the castell of Edinburgh till the eighteene of this instant, he always remaining and keeping free waird within the toun of Edinburgh or the Cannogait. Apud Edinburgh decimo Martij, 1635. The whilk day, in presence of the lords of secreit counsell, compeired personallie George Marques of Huntlie, and the saids lords having burdened him with the exhibition of the brokin men of the name of Gordoun, upon the acts of parliament 1587 and 1594, they, upone the said Marques his earnest desire, assignes to him Thursday nixt to consult with his advocat, and to give in his answer thereanent in writt, and the saids lords ordains Sir Thomas Hope of Craighall, knight barronet, his Maiesteis advocat, to revise and consider the depositiones tane anent the disorders in the north, and the acts of parliament made agains chiftans of clans, and to be in readiness upon Thursday nixt, to propone his reasons for fastening the saids brokin men upon the said Marques of Huntlie, and to answer to all that sail be alleged be the Marques in the con- trare. The minute which next occurs, narrates an application to the council by the Marquis, shewing that he had " Made his addresse heir in this unseasonable time of yeere to the impairing of his health and indangering of his lyfe, to answer anent the late disorders committed in the north, quhairof, as he is most innocent and free frome the guilt and accessioun to suche publict misdemeanour and nefarious acts, so he will concurre with his best power, service, and furtherance, for repressing of the same ; bot becaus the saids lords wer pleased at the said Marques his last appearance before thame, to urge him upon the acts of parliament 15S7 and 1594, with the exhibition of the brokin men of the name of Gordoun, the said Marques will be sparing to make anie answer thairto, as being loath to enter in dispute • (p. so). APPENDIX. 425 •with his Maiestcis advocat, or to declyne anie service for the peace of the countrie that is prestable be him, or in his power to performe, humbelie desyring, thairfoir, the saids lords to forbeare at this tyme anie proceeding agains the said Marques upone the acts of parlia- ment, and to grant him a commissioun for pcrsute of the saids brokin men, which he is con- tent to accept, and will promise upone his honnour and credite, faithfullie and reallie to execute the same, and to employ his freinds, ingadge his estait, and use his best care, power, and diligence for quyetting of the countrie, and in bringing of the persons disturbers of the peace thairof, and that betwix and suche a reasonable day as the saids lords, upone con- sideration of his present inabilitie, sail appoint ; at which time, if he report not reall and satisfactorie diligence, the saids lords may than as Weill proceid to the censuring of him if he be found guiltie, according to the nature and merite of his offence, lykeas at more tenth is conteanit in the said supplicatioun ; quhilk being heard, read, and considerit be the saids lords, and they advised therewith, the lords of secreit counsell, upon the said Marques of Huntlie his earnest desire, forbeares all proceeding agains him at this time upon the acts of parliament for the exhibitioun of brokin men of the name of Gordoun, and ordains ane ample commissioun to be past and expede unto him, and the persons to be nominat be him, for whome he sail be answerable for thair apprehensioun and exhibitioun upon the xvj day of Junij nixt, before his Maiesteis counsell or justice, the said Marques first acting himselff in the bookes of secreit counsell, that the haill name of Gordoun within the shirefl'domes of Aberdein, Bamff, Elgine, Innernes, Narne, Cromartie, and all the said Marques his vassals and tennents dwelling within his lands, or within the lands and bounds perteaning to George Lord Gordoun his sone, and all others whome he may stop or latt, and for whome he is answerable be the lawes of the kingdome and acts of parliament, sail live in peace and quyetnes, free frome all publict insurrections and rebellions, and that the laird of Fendraucht, his ladie, barnes, men, vassalls, tennents, and servants, and others his Maiesteis peaceable and good subjects, shall be harmelesse and skaithlesse in thair persons, lands, goods, and geir, frome all incursions, heirships, fireraisings, publict and opin oppres- sions, to be committed upon thaim be the said Marques, or anie of the name of Gordon within the bounds foirsaids to the disturbance of the peace of the countrie, and that the said Marques be himself, his bailleis and tennents, sail caus stay and arrest all stolin goods that sail be lifted from anie of his Maiesteis good subjects and carried throw his bounds, con- torme to the acts of parliament made thereanent, and under the pane of satisfactioun of the said skaith, damage, and losse, that the parties interessed sail susteane in maner foresaid, fra the dait of the said act and in time coming. The commission in favour of the Marquis was in the following terms : — Apud Edinburgh, 19th Martij, 1635, Forsamekle as the persons underwrettin, they ar to say, tutor of Glenneveis, M'Rannald, younger, Adame Gordon, callit of Parke, Alexander Gordon, younger of Innermerkie, Johne and Nathaniell Gordons, sonnes to Johne Gordon of Ardlogie, James Gordoun, callit the soldiour, Williame Gordoun, sone to Gollachie, Johne Gordoun, sone to Little Milne, James Gordoun, sone to Baldornie, James Gordoun, sone to Patrick Gordoun in Sutherland, Robert Gordoun, brother to the laird of Geicht, elder, Alexander Gordon, callit of Drumhcid, Williame Gordon, callit of Auchinhannach, Johne Gordoun in Corsekellie, Alexander Gordoun of Carneborrow, Alexander Leith, brother to Harthill, Adame Gordoun, servitour to Adame of Park, Johne Gordoun in Stradoun, Adame Gordoun there, James, Patrik, and Alexander Gordons his sonnes, George Gordoun in Auchterles, James. Adame, and Ilarie Gordons his sonnes, Johne Gordoun in Carnehill, Johne Gordoun in Inchcorsie, Johne Gordoun in Wodheid of Rothemay, Duncane and Johne Dow Brabners, Alexander Duncane Brabner, William Coker, William M'Gillivorich, William Quhyte, Robert Copland, Alexander Kemp, Williame Beg, James Cruikschanke, whois father dwellis in Rothemay, George Moresone there, Johne Protfite, servitour to Is'athaniel Gordoun, Williame Ros, sister sone to Letter- foure, Johne Boyes, alias Grant, Johne Moore in Stradoun, Johne Rayne, M'Ewiu, 3 H 426 APPENDIX. Coneill and Johne M'Ewin in Loquhaber, Alexander Baillie, baillie to the Marques, Dun- cane M'Gregour M'Eanduy in Stradoun, Angus Fiar and Johne M'Gillespick, Donnald Kelles, Alexander M'Kercher, Robert Couper, Alexander Gow, James Inneis, Johne Weir, Williame Gauld, Johne Geins, Johne Milne, Angus M' Inneis, and Andrew Marniche, all in Cabrache, are delated to be, and have been the authors and committers of the manie slaughters, fireraisings, heirships, depredations, and others barbarous oppressions, wherewith his Maiesteis peaceable subjects in the north parts have beene greevously infested these diuerse yeeres bygane, to the dishonour of God, disgrace of his Maiesteis government, and disturbance of the publict peace and quyetnes of the countrie ; for the quhilkis they ar all, at the least the greatest part of thame, denunced rebellis : and George Marques of Huntlie being callit to his answer heirupon, and being urged upone the acts of Parliament with the exhibitioun of the saids persons, the said Marques being loath to enter in dispute how far, by the lawes of this kingdome, he might be burdened for the said rebellis and brokin men, he by his petitioun, giviu in to the lords of privie counsell, did humbelie supplicat thame to forbeare all proceeding agains him upon the acts of Parliament, and to grant a commissioun to him, and to the persons underwrittin, for the persute and exhibition of the saids brokin men. (iuhairunto the saids lords, at his earnest desire, were pleased to yield ; and, tliair- foir. the saids lords hes givin and grantit, and be the tennour heirof gives and grants full power, auchtoritie, and commissioun, expresse bidding, and charge, to the said George Mar- ques of Huntlie, and to the persons underwrcttin, nominat and gevin up be the said Mar- ques, and for whome he sail be answerable They ar to say, George Lord Gordoun, James Lord Desfurde, Sir Alexander Irwing of Drum, William Seaton of Meldrum, Meinyeis of Pitfoddells, Sir Alexander Gordoun of Cluny, Sir George Gordoun, elder of Geicht, George Gordon, younger of Geicht, Sir Robert Inneis of Balvenie, Sir Walter Inneis his sone. Sir James Gordoun of Lesmore, Alexander Gordon his sone, John Gordoun of Haddo, Johne Gordoun of Craig, John Gordoun of Buckie, Johne Gordoun of Hilltoun, Mr. Robert Gordoun of Straloch, Robert Gordon his sone, Johne Gordoun of Parke, Johne Gordoun of Innermerkie, Williame Gordoun of Tulloch, James Gordoun of Letterfurie, George Gordoun of Newtown, Williame Gordoun of Terpersie, Johne Gordoun of Cor- rochrie, George Gordoun of Tillichowdie, Patrik Gordoun of Kirkhill, Patrik Gordon of Kineragie, Johne Gordoun of Blelak, John Inneis of Leuchars, Alexander Seatoun of Pit- medden, George Gordoun of Coclerachie, Harie Gordoun of Glasauche, Alexander Gordon of Auchanachie, Williame Gordoun of Knockaspeck, Robert Gordoun, baillie of the Enzie, James Gordon of Durabennan, William Gordoun of Minmore, William Gordoun of Braichlie, and George Gordon of Baldornie, conjunctlie and severallie to con- vocat his Maiesteis lieges in armes, and to pas, searche, seeke, follow, and persew the rebellis and brokin men particularlie above wrettin, and all others whome the lords ot privie counsell sail give in valentine to thame, whereever they may be apprehended, and to bring, present, and exhibite thame before his Maiesteis counsell or justice upone the xvj day of Junij next, to underly thair deserved tryell and punishment ; and in caise it sail happin the saids rebellious persons and brokin men, for eschewing of appre- hension, to flee to strenthis and housses, with power to the saids commissioners to pas, follow, and persew thame, assiege the saids strenths and housses, raise fire, and use all kynde of force and warrelike ingyne that can be had for winning and recoverie of the saids strenths and housses, and apprehending of the saids rebellis and brokin men being therein ; and if in persute of the saids rebellis and brokin men, they refuising to be tane, it sail happin thame or anie of thame, or anie being in companie with thame, or within the saids strenths and housses, and assisting thame to be hurt, woundit, mutilat, or slane, or anie other inconvenient to follow thereupon, the saids lords declares that the same sail not be impute to the saids commissioners nor persons assisting thame in executioun of this commissioun as crime nor offence, and exonering thame thairof, and of all pane, crime, and danger they may incurre thairthrow, simpliciter, be thir presents, and for trie better execu- tioun of this commissioun, with power to the saids commissioners and persons assisting them therein, to beare and weare hacquebuts and pistolcts in the execution of the said APPENDIX. 427 commissioun allanarlie and no otherwayes, and gcncrallie all and sundtie others things t<> doe, exerce, and use, quhilkis for execution of this commissioun of the law and consuetude of this realnie ar known to perteane, firme and stable halding, and for to hald all and quhat- somever things sail be lawfullie done herein, and ordaines lettres to be direct, charging all and sundrie his Maiesteis lieges and subjects to reverence, acknowledge, obey, rise, con- curre, fortifie, and assist the saids commissioners in all and everie thing tending to the execution of this commissioun, and to doe nor attempt nothing to the hinder or prejudice thairof, and for this effect to be in readiness in thair best and most warrelike furniture, and to conveene and meit with the saids commissioners at suche times and places as they sail be warnit thereunto be missive lettres or otherwayes, and to attend and await upon thame for prosecution of this commissioun agains the saids brokin men, under all highest pane and charge that after may follow. On 17th March, 1635, the Privy Council having heard . That foure of the lymmars who wer actors in all the insolenceis, heirships, depredations, and fireraisings, committit upon his Maisteis peaceable and good subjects in the north pairts of this kingdome, ar of late tane and brought to the .place of Kynnairdy, perteaning to the laird of Fendraucht, quhair they ar keeped in sure firmance be his ladie ; of the quhilkis lymmars ane is callit Beg, twa ar callit Cowyes, and the name of the fourt not yet knowne, They granted warrant to the sherriff of Banff to receive these " lymmars" from the Lady Frendraucht at Kinnairdie, and send them to Edinburgh. The slaughter of Findlay M'Grimmon, a follower of James Grant, is noticed in the text, at p. 61. The following notice of the event occurs in the Records of the Privy Council. 26th March, 1635, the whilk day, in presence of the lords of secreit counsell, compeired personallie Johne Grant, appeirand of Ballindallach, and reported and declared to the saids lords that he was informed by a letter from his wife, that the persons underwrittin, viz., Johne Dow M'Gregour, Patrik Roy M'Gregour, Robert M'Gregour, M'Instalker, and Donald M'Instalker his brother, and M'Arthure being in persute of James Grant rebell and his complices, and not daring to sett upon him in respect of his forces, being saxteene or moe in number, and they onlie sax, they attendit the opportunitie, till the said James Grant his companie sould dissolve, and accordinglie persewed Finlay M'Griman, and Cumming, in Belrynnes of Stradoun ; killed the said Finlay, and sent his heid heir to be presented to the Counsell, tooke the said Cumming alive, and caried him three myles of purpose to have caused exhibite him to the Counsell, bot the countrie rising and preassing to releive him, they war forced to kill him ; quhilk report being heard be the saids lords, and the said Finlay M'Griman's head being presented before thame, they allow of the saids persons thair taking and killing of the said Finlay M'Griman, and Cumming, and finds that they have done good service therein, exonering thame of all crime and offence that may be impute to thame foir this caus : Lykeas, the saids lords ordanes the balleis of Edinburgh, to caus affixe the said Finlay M'Griman's head upon the neather bow-port, and the saids lords ordains Johne Erie of Tracquair, his Maiesteis deputie thesaurar, to delyver to the partie, bearer, and inbringer of M-Grimman's head, the soume of ane hundreth merkes, in satisfaction of his hazard and charge, and for encouragement of others, cheerfullie to goe on in the like service in time cumming. On 22nd April 1635, in consequence of a missive from the King to John, archbishop of St. Andrews, Lord High Chancellor of Scotland, the Marquis of Huntly was liberated from confinement. 428 APPENDIX. On 11th June, 1635, the Marquis of Huntly sent " Into the lords of privie counsell ane pacquet with the heid of James Gordoun, sone to Adame Gordoun of Auchnacrie, who was slane in the taking, and G others of the rebillis eonteanit in the said Marques his commission, quhilk wes delyvered to the provost and baillies of Edinburgh, to be set up by thame on the nather bow." On 16th June the council ordered the provost and baillies of Aberdeen to re- ceive from Alexander Strachan of Glenkindie, some lymmars apprehended by him, and amongst others one Allaster Forbes, who is knowne to be one of the most notorious lymmars in the kingdome, but whom they had " verie undewtifullie re- fuised to receive in thair waird," when presented to them by the laird of Glen- kindie. On the 1 6th Julj', 1635, the following act was passed against those who inter- communed with the broken men of the name of Gordon and others : — Forsamekle as the lords of seereit counsell ar informed, that Robert Dempster in Cushnie, George Gordoun of Newtoun, Alexander Leslie in Achaber, Robert Collein in Hassiwell Johne Lobane, servitour to Adame Abercrombie of Auldrane, George Leith his sone-in-law, and Skattertie, now servitour to James Lord Desfurde, hes beene ordinarie resetters and intercommouners with the brokin men of the name of Gordoun and others, since the time of thair rebellioun, and proclamations direct agains the resett and intereommoning with the saids brokin men, and that they can give some informatioun and light anent the saids brokin men thair resett ellis where in the countrie : Thairfoir ordains lettres to be direct, charging the resetters and intercommoners particularlie above writtin to compeir personallie, and the said Lord Desfurde to exhibite the said Skattertie his servant, and the said Adame Abercrombie, to bring and exhibite the said George Leith his sone-in- law, and Johne Lobane, before the saids lords at a certane day, to be examined, tryed, and punished for thair resett of the saids brokin men as accords, under the pane of rebellion, &c, with certification, &c. On 4th August, 1635, the lords Required James Creichtoun of Fendraucht, who wes personallie present, to goe home and live in his awine bounds according to his place and qualitie. On 7th August, 1635, the lords Ordained " lettres to be direct, charging Adame Gordoun of Aucbindoun, Sir Alexander Gordoun of Cluny, Gordoun his brother, Sir George Gordoun of Geicht, George Gordoun, appearand thairof, Johne Gordoun of Haddo, Sir James Gordoun of Lesmore, Mr. Robert Gordoun of Pitlurg, Gordouns his sonnes, Johne Gordoun of Buckie, Johne Gordoun, appearand of Buckie, Alexander Gordoun of Dunkintie, [Patrick] Gordoun of Kincraigie, Gordoun, his eldest sone, [William] Gordoun of Terpersie, Gordons, his sonnes, Patrik Gordoun of Badinsoot, Johne Gordoun of Rotmeis, George Gordoun of Logyaltoun, Gordouns, his three sonnes, Williame Gordoun of Knock- aspeck, Williame Gordoun, appearand thairof, Johne Gordoun, elder of Achannachie, George Gordoun, appearand thairof, Patrik Gordoun of Carnewhelpe, Gordoun his sone, Thomas Gordoun of Artlach, Gordouns his sonnes, [John] Gordoun ot Blellack, [George] Gordoun of Cowclerachie, Mr. Patrik Gordon of Braka, James Gordoun of Rothemay and his tutors and curators if he anie hes for thair interesse, James Gordoun of Daock, Gordouns his sonnes, Johne Gordoun of Innermerkie, Gordoun, his sone, Johne Gordoun of Park, Gordouns his brother, Williame Gor- doun of Brodland, Alexander Gordoun of Garrie Gordoun of Tulliangus, APPENDIX. 429 Gordoun, appearand thairof, and Gordouns tluiir brother and sonnes, Gordoun of Lichestoun, Gordouns his sonnes, Gordouns his brother, Robert Gordon of Cowlithie, Patrik and George Gordouns his sonnes, Gor- doun of Smithstoun, Gordoun of Craig, Patrik Gordoun his uncle, George Gor- don of Newtoun, Gordoun of Birkinburn, Gordoun, appearand thairof, Gordoun of Tullischelt, Gordoun appearand thairof, Gordoun of Corridoun, Gordoun, appearand thairof, Gordons his uncles, and Gordouns his brother, Williame Gordoun of Tulloch, James Gordoun of Letterfoure, Gordoun of Tillichowdie, Gordoun, appearand thairof, Gor- doun of Balgowane, Mr. Thomas Gordoun of Pittendreich, Johne and Alexander Gor- douns, sonnes to Sir George Gordoun of Geicht, Johne Gordoun of Ardlogie, Gor- douns his sonnes, Gordoun, sone to umquhile Patrik Gordoun, brother to the laird of Geicht, Robert Gordon his brother, Williame Gordon of Murack, Alexander Gordoun his sone, Gordoun of Sauchin, Gordoun, appearand thairof, Gor- douns thair brother, Harie Gordoun of Glassauche, Alexander Gordoun of Abirzeldie, Gordouns his brother, Alexander Gordoun of Achannachie, James Gordoun of Bomur- rell, Thomas Gordoun of Gradoun, James Gordoun of Crabstoun, Gordoun of Birsmoir, to compeir personallie before the saids lords upone the twentie twa day of Septem- ber nixtocume, provided to find sufficient and responsall cautioun for observing his Maiesteis peace, and keiping of good rule and quyettnes in the countrie, under the pane of rebellion, &c, with certification, &c. From the following act of the lords of Privy Council, dated 30th August, 1635, it would appear that, even where parties were desirous of keeping down the dis- turbances, they had to encounter many difficulties in their way. Apud Edinburgh ultimo Augusti, 1635. Forsamekle as Williame Ros, sistersone to James Gordoun of Letterfoure, ane of the principall rebellis and dissobedient persons in the north, and be whome the peace of that countrie wes verie farre disturbed and troubled, being lately tane and apprehended be Patrick Grant in , and Mr. Williame Falconer in , and they being of purpose to have exhibite him to his Maiesteis counsell, to have underlyen his deserved tryell ana punishment ; trew it is, that in the meantime Williame Gordon and Alexander Ferquharsone in Miguie, and Mr. James Ferquharsone, writter in Edinburgh, came upon the saids Patrik Grant and Mr. William Falconer, and violentlie tooke the said Williame Ros aff thair hands, and carried him to Strabogie, and delyvered him to George Marques of Huntlie, by whome he wes resett and interteaned, as if he had beene ane free, lawfull, and obedient subject in high and proud contempt of his Maiesteis auchtoritie, and incouraging of others disordered and brokin lymmars, to continew in thair rebellion if this slip wer unpunished ; thairfoir the lords of secreit counsell ordains lettres to be direct, chargeing the saids Williame Gordon, Alexander and Mr. James Farquharsons, takers of the said Williame Ros from the saids Patrik Grant and Mr. William Falconer, and the said Marques of Huntlie, receaver of the said Williame frome thame, and who had, hes, or contemptuously hes putt him away, to compeir, bring, present, and exhibite the said Williame Ros before the saids lords upone the xxij day of September nixt, to the intent order may be tane with him for his rebellion as apparteanes, under the pane of rebellion, &c, with certification, &c. On 22nd January, 1636, the following act was passed, as to the slaughter of two " complices" of James Grant : — Apud Edinburgh, 22nd January, 1636. The whilk day, in presence of the lords of se- creit counsell, compeared personallie Johne Cadell, servitour to Johne Grant, appearand of Ballindallach, and produced and exhibite before the saids lords, the heads of Thomas Bayne M'Agie, and Kenneth M'Gillimichael, twa of James Grants complices, who wer 430 AITEXDIX. killed be Ballindallach and his servants ; and the saids lords having considderit of tliis ser- vice, they allow of the same, and declares the same to he good and acceptable service to his Maiestie and the countrie, whairof they will be myndefull as the occasiouu of the said Johne Grant his affairs sail offer, and ordains the heads to be sett upon the ncather bow, and the pairtie inbringer thairof to be satisfied be his Maiestcis thesaurai\ On the same day a proclamation was issued, forbidding all persons to receive or intercommune with James Grant, "and ane infamous byke of lawlesse ly miliars," whom he had associated to himself, as Namelie Robert Grant his brother, George Grant his bastard sone, Johne Dunbreck of Urtane, Johne M'Grimman, sone to umquhill Finlay M'Griman, Johne Beg M'Allan M'Grimman, vagabond, Johne Forbes, vagabond, Forbes his brother vagabound, Thomas M'Alaster, M' William Voir in Glencowglas, Johne M'Inriach, sone to umquhill James M'Inriach, vagabond in Stradoun, Alaster M'Inriach, vagabound, his brother, Thomas Dunbreck, sone naturall to «the said umquhill Johne Dunbrek, Grant, sone to umquhill Thomas Grant in Knockilie, David Steuart in Skerdustane, Elspatt Innes, spous to the said James Grant, Isobel Grant, spous to Robert Finlay M'Inroy in Gleumoreston, M'Inroy his sone there, Dulchie in Urquhart, Donald, Johne, and Ewin Dulcheis, his three sones. On 21st March, 163G, the Privy Council, in consequence of a warrant from his Majesty, discharged George Marques of Hunllie, prisonner within the castell, frome his waird within the same to his owne lodging, neir to his Maiesteis palace of Halyrudhous, and confynes him to his said lodging, with libertie alwayes to him to walke within ane of the gardens, of walkes within the precinct of the said palace, and no forder, commanding heirby the captane, con- stable, and keepers of the said castell, to putt the said Marques of Huntlic to libertie and f'reedome furth of the same, to the effect he may make his addresse to his said lodging in the Cannogait, remaine and keepe waird within the same, in maner above prescryved, till his Maiestie sail signifie his forder pleasure concerning him : Lykeas, the said Marques being personallie present, and this his Maiesteis pleasure and ordinance foirsaid being intimat to him, he with all dewtifull respect, acknowledgit his Maiesteis gratious favour showin to him, and promeist to give full obedience to the same. 3 On 16th April, 1636, warrant is granted to transport to Edinburgh George Grant, bastard sone to James Grant the traitour, and other twa of his rebellious complices, [who] ar latelie tane and apprehendit be the laird of Auchindoun, and baillie of Strabogie, in whois custodie and keeping they ar for the present. On 4th May, 1636, the Marquis of Huntly made the following acknowledge- ment of his remissness, in keeping the peace of the country, proceeding, as it appeared, from his remembrance of the "notour injuries done be Fendraucht, agains me and myne." The Marquis of H unity's acknowledgement : — I, George Marques of Huntlie, upon dew and good considerations, doc acknowledge that the law required of me a more necessar and exact diligence in restraining of those insolen- ceis committed be Adame Gordoun and his associats, and with all 1 consider, and doc ■ Tht imprisonment of the Marquis is noticed in the text, p. 66. APPENDIX. 431 humbelie acknowledge that, in my dewtie and obedience to the Kings Maiesteis lawes, 1 uucht, without remembrance of the notour injureis done be Fendraucht agains me and myne, to have used my best meanes for keeping tb e peace of the countrie ; and as I doe in all humilitie confes my bygane faults, so I am heartilie sorry for the same, and doe confes that if his Maiestie sould have suffered the course of law to have gone agains me, that I wes lyable to verie heavie censure, whairfoir I most humbelie beg his Maiesteis pardon, and with all doe oblige myself to amend this fault in time comming, and sail use my best meanes for preserving the peace of the countrie, and for the mair seeuritie I am content that thir presents be insert in the bookes of privie counsell, that execution may pas there- upon in form as effeiris ; in witnes whairof, I have subscryved thir presents with my hand at Edinburgh, the xxiiij day of May, the yeare of God jaj vi c xxxvj yeares. Sic subscribi- tur, Huntlye. Thereafter an act was passed permitting the Marquis to go home, and on 3rd July, 1636, a new proclamation was issued, for the apprehension of the following members of the house of Gordon and others, who are described as the " light horsemen," Alexander Gordon, younger of Innermerkie, Johne Gordon elder of Ardlogie, Johne and Nathaniel Gordons his sones, Johne Gordon of Auchinreth, Johne Gordouu, sone to Gordoun of Littlemilne, Williame Gordoun, sone to Robert Gordouu of Gollachie, Johne Gordoun in Corskellie, Alexander Gordon of Bar, callit Pollsandie, Alexander Leith, sonne to umquhill Johne Leith of Harthill, James Gordoun callit Sutherland James, James Gordoun callit the sojour, William Gordon of Auchindache, Robert Gordoun, brother germane to the old laird of Geicht, William Simsone in Turreff, Adame Gordon in Auchnasknay, Allaster and Patrik Gordons his sonnes, Allane Farquharsone in Corriehoull, Williame M'Gilleworiche in Glenbucket, and Duncane Cuming in Balvenie, [who] after manic stouthes, stouthreiffes, treasonable fire raisings, opin and avowed heirships, intolerable oppressions and depreda- tions, and others insolenceis committed be thame, with ane high hand, upone diverse his Maiesteis good subjects, to the high and proud contempt of law and justice, and to the dis- grace of his Maiesteis government ; and they being callit to thair answer before his Maiesteis justice and his debuts, and takand upon thame the guilt of the saids crimes, and fearing the event of thair tryell, they absented thameselffes and compeared not, for the quhilk they wer denunced and declared fugitives and rebellis ; and lettres wer direct dis- charging all his Maiesteis subjects to resett, supplee, harbour, or intertane thame, bot to re- pute, hold, and esteeme thame, and accordinglie to persew thame as traitours, theeves, and reavers, with fire and sword, and all other rigour and extremitie, as in the lettres and pro- clamations direct and published for this effect at lenth is conteanit. And whereas, be the force of his Maiesteis royall auchtoretie, they, to shew thair just deserved punishment, wer forced to abandoun and leave the countrie, and remained furth thairof some ccrtane space, yitt now, they foolishlie presooming that thair former treasonable courses were turned in oblivion, and that his Majesteis arme of justice would not overtake them, they ar returned within the countrie, lurking and lying in obscure and derined places, till they finde the oc- casion to renew thair former treasonable courses, have this long tyme byegane, and now latelye, verie grievouslie infested his Maiesteis good subjects in the north parts, especiallie the laird of Fendraucht and his tennents, by frequent depredations, slaughters, heirships, and barbarous cruelties committed upon thame, and by ane late treasonable fire raisins; within the said laird of Fendrauchts bounds, quhairby not only is the gentlemans lands laid waist, his haill goods and bestiall spoyled, slaine, and maigled, some of his servants killed and cruellie demaymed, bot also the haill tennents of his hous have left his service and lands, and himself, with the hazard of his life, has been forced to steal awav under night and have his refuge to the lords of privie counsell, and thir disorders ar grown to that hight, that almost nowhere in the north countrie can anie of his Maiesteis subjects 432 AITENDIX. promise safetie to thair persons or means, the breake of his Maiesteis peace in those parts being so univcrsall and fearfull, as the verie burrowes and touns thameselffs are in con- tinual danger and feare of some soddane surprise, by fire or otherwayes, from thir brokin men. V. TRIAL OF DAME KATHERINE FORBES, "LADY ROTHIEMAY." The trial of this Lady for her supposed connivance with the broken Gordons, in their outrages on the laird of Frendraught, presents us with many striking pic- tures of the rude manners and lawless doings of the time. It commenced in the Court of Justiciary, on 3rd August, 16.36, on which day Katherine Forbes, Lady Rothiemay, [was] delaitit of airt and pairt of dyverse heir- schipis, reiffis, oppressiones, and depredationes committit be licht horsemen of the name of (Jordoun and utheris upone the laird of Frendraucht and his tennentis, at leuth specified in the eriminall summondis producit thairupone. Perscwai — Sir Thomas Hope of Craighall, knycht baronet, aduocat to our Souerane Lord for his Hines intreis. James Creichtoun of Freudiaucht. Prcloquitoris f