-Y^LH«¥MII¥]!I&SinrYo • iLnisiB^amr • 'ga BOUGHT WITH THE INCOME OF THE Alfred E. Perkins Fund THE MELROS PAPERS. o STATE PAPERS, AND MISCELLANEOUS CORRESPONDENCE OF THOMAS, EARL OF MELROS. VOLUME SECOND. PRINTED AT EDINBURGH M.DCCC.XXXVII. EDINBURGH PRINTING COMPANY. THE MELROS PAPERS. 345 CCIII.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Whereas youre maieftie wes pleafed, at youre firft going frome hence into England, of youre fpeciall grace and fauour, to beftow the place of one of youre maiefteis feriantis at armes in ordinarye, with the fee of ijs. vjd. per diem, to youre maiefteis feruitour, Alexander Doug las, one of the ordinair maifaris of youre maiefteis Preuie Counfaill and Seffioun in this kingdome ; and althoght the vfuall nomber of feriantis at armes in England wes hot xvi, whiche nomber wes then full, yitt youre maieftie at that tyme did rewarde findrie otheris of youre maiefteis an- tient feruandis in that kynd, by adding bothe to the nomber and fees of placeis, whiche remaned and continewit fo till the placeis become voyde, and then were reduceit to the fatled nomber. And becaus the neceffitie of the faid Alexander his attendance vpoun youre maiefteis feruice heir, vrged him to mak his addreffe and returne home, he enterit in condi- tioun with one Richard Hall, Englifhman, for a furrender of the faid place in his fauour, and he fauld the fame vnto him, and procured youre maiefteis gratious fauour, for admitting of the faid Maifter Hall in his place, and he accordinglie wes creat ane feriant at armes ; bot for omif- fioun of fome circomeftanceis in pointis of formalitie, concerning youre maiefteis grant maid to Maifter Hall, and the furrender whairupoun the fame proceidit, thair appeareth a manifeft defect in the faid grant, whiche may breid fome queftioun aganis him. And Maifter Douglas finding him bund in confcience to recline the faid defect, and to do quhat in him lyis, to mak the place goode to Maifter Hall, feeing he reffaued fome confideratioun for the fame, he is thairfoir a humble futeair vnto ws, that we wald intreate youre facred maieftie to declair youre royall pleafour in fauouris of Maifter Hall, for his quiet enioying of the faid place, with the fee of ijs. vjd. per diem, as hitherto it hes beene, and for avoyding of 2 x 346 THE MELROS PAPERS. forder contentioun, that youre maieftie wald be pleafed to fignifie youre pleafour to the Lord Chamberlane for the tyme being, that vpoun the nixt avoyding of ony of the xvj feriantis, that the faid Maifter Hall may be admittit, conforme to his patent, and enioy all fees and dewyteis incident to that place. And fo crauing youre maiefteis pardoun for this oure prefumptioun, humblie praying God to blhTe youre maieftie with a lang and happie reignn, we reft Youre Maiefteis moft humble and obedyent fubiedtis and feruitouris, Al. Cancelia Wintoun. Roxburgh*. Lothiane. Melros. Edinburgh, 27 October 1619. To the King his moft facred and excellent Maieftie. CCIV.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Haueing keepit a grite nomber of dyetis with the marcheantis and fkipparis, anent that mater of the reftreante of fraughting of ftrangearis ihippis, fa oft recommendit be your maieftie vnto ws, and haueing at verie grite lenthe, and with goode aduife and deliberatioun, hard and difcuffit the haill reffonis and obiectionis, with the anfueris, replyis, and duplyis THE MELROS PAPERS. 347 gevin in and proponnit be worde and write thairanent, in end, after lang debait and conteftatioun on ather fyde, we broght thame to this point, that with mutuall confent the reftreante for all tradis, except the eafterlyne trade, wes aggreit vpoun, and nyne perfonis wer nominat and fworne for ather fyde to fett doun the fraughtis ; towitt, fax marcheantis and three marcheant awnaris, for the marcheantis, and fax fkipparis and three mar- cheant awnaris for the fkipparis : whilkis perfonis, in diuers meetingis had be thame for that effe6t, did verie weele aggree vpoun the fraughtis, and fett the fame doun to the full contentment and lykeing of all partyis. Bot, anent the eafterlyne trade, we fand fo mony difficulteis thairin, and fa mony cleir and fenfible grevanceis to follow thairupoun, as we could not without the euident hurte of the haill cuntrey yeild thairunto ; ffor this eafterlyne trade confiftis altogidder of fuche neceffair wairis as the cun trey cannot want, efpeciallie of tymmer, pik and tar, quhilkis being neirby nyne of ten pairtis of that haill trade, thay ar not able to beare fuche fraughtis as oure cuntrey ihippis may ferue for ; nather haif we fhippis meete and commodious for that trade ; but thefe wairis being importit be ftrangearis at eafie and reafounable fraughtis, thay ar accordinglie fauld at moderat pryceis to youre maiefteis fubiectis, whereas yf the re- ftreant were allowit, not onlie wald the pryceis of thir neceffair wairis be extraordinarlie highted, bot the cuntrey, through laik of cuntrey fhipping commodious for that trade, wald be in dangeir to be fpoylled of the faidis wairis. And this being the trew refpect and caus diverting ws frome the reftreante in that pairt, we pronunceit and intimat the fame to the pairtyis, bot fo far wer the fkipparis frome acquiefceing thairunto, and frome im- braceing the reftreante for the fouthe and weft tradis, as they paft frome all that wes done in this buffynes, defiring, according to thair formair proteftationis ever maid in the haill progres of this proces, that thay might be reponnit in thair awne placeis, and that no reftreante fould be maid at all, vnles the eafterline trade wer comprehendit. This being the effect of oure procedingis in this buffynes, we humelie prefent the fame to youre maiefteis confideratioun, befeeiking youre maieftie not to tak in evill pairt, that this reftreante for the eafterlyne trade wes not con- cludit, fince the fenfible and feene hurte of the cuntrey wes the occafioun 348 THE MELROS PAPERS. thairof. And fo, with oure humble and eirnift prayers vnto God for youre maiefteis lang and happie reignn, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Ja. Glasgow. George Hay. Carnegy. A. Mar. R. Cokburne. Lauderdaill. Kilsayth. Melros. W. Oliphant. Edinburgh, the fourte of Nouember 1619. To the King his moft facred and excellent Maieftie. CCV._ THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Soverane, Haueing, according to youre maiefteis directioun, caufit charge the proueft, baillies, deane of gild, thefaurair, and fome of the counfell of Edin burgh, to prouide thame felfis with rid fcarlatt gownis, betuix and the xxiiij day of December inftant, thay thairupoun become petitionaris vnto ws, that we wald impairt vnto your maieftie the difficulteis and reffonis gevin in be thame quhairfoir thay can not goodlie be burdynnit with the faidis gownis; To witt, that quhairas by the conftant cuftome of the faid burgh, inviolablie obferuit in all tyme bigane, the weareing of blak gownis as a moft decent, grave, and comelie habite, befeameing magiftratis of bur- rowis, hes onlie bene in vfe within the faid burgh, and quhairwith the THE MELROS PAPERS. 349 fame hes alwayes bene verie fufficientlie and weele furnift, yitt at the tyme of your maiefteis late comeing to this kingdome, the haill magif- tratis and counfell of the faid burgh for the tyme, with a grite nomber of the honneft nightbouris of the fame, who of befoir were weele aneugh pro- uidit with goode and handfome gownis, wer inioyned to prouide thame felffis of new with more ritche blak gownis, lynnit with blak veluott or coiftlie furringis, for youre maiefteis receptioun within the faid burgh. Quhilk being accordinglie done be thame, for the credite and reputatioun of the faid burgh, to thair grite chargeis and expenffis, youre maieftie wes gratiouflie pleafit at that tyme to allow thairof, and the noblemen and otheris of England that attendit youre maieftie, and beheld the or- dour obferuit within the faid burgh, did acknoulege the fame to be bothe ritche, grave, and comelie. And now, yf a neceffitie of rid gownis falbe vrged vpoun thame, and confequentlie vpoun thair fucceffouris, thair wilbe few or nane had to accept ony charge or office within the faid burgh heir- efter, be reffoun that not onlie will thay be withdrawne frome thair awne calling, and tyne thair tyme and handling for that yeir, bot this new bur- dyne of rid gownis, quhilk wilbe A'erie chargeable and expenfiue vnto thame, will ly vpoun thame. And quhairas the cuftome of England may be obiectit to thame, thay anfuer, that thair conditioun in this caife is not alyke, ffor thefe of England, ferueing in the lyke placeis, hes goode al lowance and fees able to raimburs thair haill chargeis, and the office of Alderman thair is ad vitam, whereas the magiftratis and counfell of the burrows of this kingdome ar changeable yeirlie, and thay ar not capable of thair placeis the yeir following, and thay ferve freelie without fee or allowance. And towcheing that point inioyned to the proueft to weare a grite chayne of gold in tyme of Parliamentis or otheris folempniteis, thay anfuer, that the proueft of Edinburgh hes no place in the Parlia ment Houfe, and is never imployed as a commiffionar thair ; and, yf he haif occafioun to kyithe at thefe tymes, it is vpoun the ftreit in armes, accompanyed with the nightbouris of the toun for gairding of the Parlia ment ; at whiche tyme a gold chayne is nather feamelie nor fitting. Thir being the reffonis gevin in be thame to ws, we humelie prefent the fame to youre maiefteis confideratioun, affureir g youre maieftie, that the 350 THE MELROS PAPERS. magiftratis and haill counfell of the faid burgh do euerye Sonday, and otheris dayis of folempnitie, weare thair blak gownis in decent and come- lie forme and ordour : and we wilbe humble interceffouris vnto youre ma ieftie in thair fauours, that in regaird of the mony grite burdynis lyand vpoun the faid burgh, and the grite chargeis thay haif bene at thir diuers yeiris bigane, bothe in thair priuat and publict adois, that youre maieftie wald be pleafit to difpens with thame anent thair rid gownis, con- ditionallie, that thay weare thair blak gownis in maner, and at the tymes prefcryued in your maiefteis directionis formarlie gevin heiranent. And fo craueing youre maiefteis pardoun for this our prefumptioun, and humelie praying God to bliffe youre maieftie with a lang and happie reignne, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancelia Lauderdaill. Melros. J. Erskyne. Kilsayth. George Hay. A. Mar. Edinburgh, 14 December 1619- To the King his moft facred and excellent Maieftie. CCVI.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, The baillies of Edinburgh being at lenth hard be ws in that mater whiche your maieftie recommendit vnto ws, on the behalff of youre maiefteis feruitour, Williame Todrig, towcheing the furveying and trye- THE MELROS PAPERS. 351 ing of the fufficiencie of the rid hering maid and tranfportit furthe of this kingdome, and his agent, whome he nominat to attend this buffynes, being lykewayes prefent and hard, and diuers obiectionis being maid be the faidis baillies aganis the expeiding of the faid Williame his patent, and anfueris being maid thairunto be his faid agent : at laft the faidis baillies come to ane peremptour and materiall pointe whilk we could not gett paft by, to witt, thay alledgeit and produceit ane patent maid, and gevin be youre maieftie vnder youre grite feale, to the proueft and baillies of the faid burgh and thair fucceffors, by the whilk, youre maieftie hes grantit vnto thame the office, libertie, and preuilege of vifeing, gaidgeing, feal- ling, or ftamping of the haill barrellis of hering and quhyte fiihe within this kingdome. And this patent being red in oure audience, and confer- rit with the patent craved be the faid Williame, we fand thame bothe to aggree togidder in that pointe anente the furveying or trying of the fuf ficiencie of the hering, and fwa in effect and fubftance to contene all that is craued be the faid Williame: And feeing the faid patent ftandis in force, vnquarrellit or brought in queftioun, we could not gif way to the faid Williame his patent, nor expeede twa patentis vpoun ane fubieet, vnles we walde ingage the faid Williame in ane neidles proces with the faid burgh anent the validitie of his patent, whairin, to oure opinionis, be courfe of law he wald not prevaill. And this being all that we could do in the buffynes, we humelie prefent the fame to youre maiefteis confidera- tioun, with oure earnift prayeris vnto God for youre maiefteis lang, hap- pie, and bliffed reignne. Frome Edinburgh, the xvj day of December 1619. Youre Maiefteis moft humble and obedyent fubiectis and feruitouris, Al. CanceliA Wintoun. Lauderdaill. Melros. Roxburghe. To the King his moft facred and excellent Maieftie. 352 THE MELROS PAPERS. CCVII.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, According to the commiffioun and warrand of the laite parlia ment, and youre maiefties command and diredtioun following thairupoun, we haif had diuers meetingis and conferenceis vpoun that fubiect recom- mendit vnto ws, anent the reformeing of the abufe of tanning of ledder within this kingdome ; and we callit befoir ws fome of the principall tan naris of the cheif burrowis, and certane cordinaris of goode credite, know- lege, and experience in that trade, be quhome we ar trewlie and fuffi- cientlie informed, that the faid abufe proceidis frome the ignorance and vnikilfulnes of the tannaris thamefelffis, and that thair is a neceflitie of inbringing of ftrangearis for inftructing of thame in the right forme of tanning. Quhairupoun, after mature aduife and lang deliberatioun, we haif layed doun fome groundis, how and be quhome, thir ftrangearis falbe broght in and intertenyed during the prefixt tyme of thair aboade heir, quhat conditionis thay falbe fubiedt and tyed vnto, and quhat courfe falbe prefcryued vnto thame, towcheing thair behauiour and cariage ; lyke as we haif maid fome prouifionis and cautionis, for the dewtifull cariage of thefe, quhome your maieftie falbe pleafed to trufte with the feale, with the particularis quhairof, being loathe to impefhe youre maiefties more important and princelie affairis, we ar onlie to acquent youre maieftie with this one pointe, that the burdyne and charge of the inbringing and interteynying of thir ftrangearis, and of all otheris the deburfementis to be maid in this feruice, mult be layed vpoun him quho falbe trufted with the feale : and becaus the feruice wilbe chargeable vnto him, and that in mony yeiris the commoditie arryifeing be the feale will not be anfuerable to his deburfementis, and we haueing confideratioun that this intendit reformatioun will proue verie profitable not onlie to the tannaris, bot to the haill kingdome, we haif thairfoir fett the price of iiij s Scottis vpoun euerie hyde that falbe fealled during the terme of xxj yeiris ; at the ex- THE MELROS PAPERS. 353 pyreing of the whilk terme, becaus the feruice will then become facile and eafie, without ony forder neceflitie of advancement, we haif appointit the price of the feale to be onlie xij d Scottis thairefter ; quhairupoun, according to youre maiefteis directioun, we haif drawne vp, and heirwith fend vnto youre maieftie, ane fignatour, to indure for the fpace of xxxj yeiris, to the effecr, youre maieftie, after confideratioun thairof, may tak fuche forder courfe thairin, as youre maieftie in youre incomparable wif- dome fhall hald fitteft. And fo, humelie praying youre maieftie to tak in goode pairt, oure fimple trauellis and indeuoiris in this buffynes, and frome oure hairtis, praying God to bliffe youre maieftie with the continew- ance of mony lang and happie yeiris, we reft for ever Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancelia A. Mar. SANCT ANDREWS. WlNTOUN. WlGTOUNE. Melros. Lothiane. Ja. Glasgow. W. Oliphant. Cranstoune. Carnegy. Al. Elphinston. George Hay. Edinburgh, the firft of Februair 1620. To the King his moft facred and excellent Maieftie. CCVIII._THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, We reffauit youre maiefteis letter concerning the Maxuellis of Gararie, by the quhilk, it is youre maiefteis pleafour, that we fould vfe all pofiible and exact meanis for tryeing of the treuthe of that murthour 2y 354 THE MELROS PAPERS. layed to thair charge, and that thairefter we fould do thairin as we wilbe anfuerable to God and youre maieftie. Vpoun the reffett and confidera tioun of the whilk letter, we enterit in deliberatioun, how fer by law we might proceid in a mater of this kynd, and, after lang reafouning and conference had thairupoun, we find that in criminall perfuitis, quhair the pannell is clengeit, the perfewair finding iuft caus of greiff aganis the procedingis and verdite of the affife, hes verie competent actioun of a fecund tryall and proces of errour aganis the affife ; bot quhair the pan nell is convict, and fentence accordinglie pronunceit, no fecund tryall nor proces can be admittit, and the iudgement can never thairefter be broght in queftioun ; ffor, in that caife, the fouerane courte of the Crimi nall Iuftice, and the procedouris thairof, vpoun euerie intervening occa- fioun, may be quarrellit, and mony imputationis wald thairupoun follow, to the difgrace of that iudgement, whilk is one amangs the firft in digni- tie within this kingdome. Alwayes for youre maiefteis informatioun of the trew eftate of this buffynes, fo far as we haif learned be the progres of the proces, we haif heirby thoght meete to prefent vnto youre maieftie ane breif relatioun of the fame as thay fell oute, to witt, Gararie, vpoun the firft brute and rumour of that murthour, being committit to warde as fufpect guiltie of the fame, and being diuers tymes broght to his exami- natioun, and diuers witneffis at findrie dyetis being produceit aganis him, and he and his fone being confrontit vpoun certane interrogatouris, cir- comeftanceis, and prefumptionis gevin in aganis thame, for drawing of thame vnder the guylte of that murthour, thay ever abaid conftant be thair denyall; and althoght the faidis prefumptionis feamed to furneis fome litle mater of fufpitioun, yett thay wer not fo pregnant as the gravite and importance of fuch a mater requirit, whilk maid ws to inclyne to a continewatioun of the laft dyet appointit for thair tryall, till God, and tyme the moder of trewthe, fould produce a more cleir difcouerie of the fame. Bot he and his fone, relying vpoun thair innocencie, and being weyreit with thair lang imprifonment, and grite foumes quhairupoun thay had found cautioun to be anfuerable to thair trial], and with the foull and havie imputatioun and fcandall of that murthour, whilk they vnder- ly; and the young man haueing come heir frome courte poift, with verie grite diligence, for keeping of the faid laft dyet; thay vrged thair tryall THE MELROS PAPERS. 355 with fuche vehemencie and inftance, and with fuche importunitie and paffioun, as we could not, with reffoun, refufe nor deny the fame vnto thame; quhairupoun thay being broght to thair tryall, and an affife being reffauit and fworne, thay wer fundin guiltie be the affife, and fentence condampnitour pronuncid aganis thame, thay in the meantyme proteft- ing, with mony grite aithis, thair innocencye; and thay continewit con ftant with thefe proteftationis, notwithftanding the trauellis tane be the minifteris to haif drawne them to a confeffioun, till thay wer broght to the fcaffolde, at the foure cornaris quhairof, and at thair laft prayer, vpoun thair knees, vnder the aix, thay ratifeit all thair formair protefta tionis, ever inuocating the bleffed Trinitie to be thair iudge in that caife, whilk maid fuche ane impreffioun in the hairtis and opinionis of the beholdaris, that thay all inclynnit rather to think thame innocent nor guiltie. And the pairtie perfewair, vpoun notice of this thair conftant denyall, at the laft pointe of deathe, confentit to a continewatioun of thair executioun, and in effect ar agreit with thame, and will mak no oppofitioun to ony fauour or mercye that youre maieftie wilbe gratiouflie pleafit to fhowe vnto thame. Whilk remitting to youre maiefteis moft excellent iudgement, feeing the mater now reftis vpoun youre maiefteis determinatioun, and frome our hairtis praying God to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. Lauderdaill. Melros. R. Cokburne. W. Oltphant. Carnegy. Al. Elphinston. George Hay. Sanctandrews Edinburgh, the thrid of Februair 1620. To the King his moft facred and excellent Maieftie. 356 THE MELROS PAPERS. CCIX.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, For fatiffactioun of youre maiefteis command and directioun in that mater, recommendit be youre maieftie to ws, towcheing the tryall of the circomeftanceis of the flaughter of vmquhyll Walter Scott, fone to Walter Scott of Harden, committit be Symon Scott of Bonnytoun, and yf the offeris alledgeit, maid on the behalff of the faid Symon, and pro duceit vnto youre maieftie, wer in deid maid or nott : we conuenit befoir avs the faid Walter Scott of Harden, and his eldeft fone, with the \\yffe of the faid Symon, and Johnne Tuedie, who attendis his affairis and bufynes now in his abfence; and we alfua write for the relict of the faid vmquhile Walter, whofe abfence, vpoun fome confiderationis, wes excuifit ; and haueing, at lenthe, hard thame, alfweill anent the forme and maner of the flaughter, as anent the making of the faid offeris, we fand litle contrarietie concerning the offeris, bot the forme and maner of the flaughter wes contravertit, quhairupoun we affignit vnto thame bothe the xxij of this inftant, for proueing of the circomeftanceis of the faid flaughter. At quhilk day a nomber witneffis being produceit be thame, and thair obiectionis hinc inde aganis the witneffis being hard and difcuft, and accordinglie fome of thame repellit and fett, in end a nomber of witnefs wer admittit and fworne, and verie exactlie examinat in prefence of the whole counfell ; quhofe depofitionis we haif heirwith fend ATito youre maieftie, to the effect youre maieftie, after confideratioun thairof, may, in the excellencie of youre awne iudgement, gif fuche forder ordour and directioun thairanent, as your maieftie fhall think goode. And fo, THE MELROS PAPERS. 357 continewing oure humble and eirnift prayeris vnto God for youre maief ties lang and happie reignn, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. A. Mar. Melros. Lauderdaill. R. Cokburne. George Hay. Haliruidhous, 24 February 1620. To the King his moft facred and excellent Maieftie. COX.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, We reffauit youre maiefteis lettre concerning the Maxwellis of Gara- rie, by the quhilk, youre maieftie hes moft cleirlie and iuditiouflie explaned youre felf anent that pairt of the directioun of youre maiefteis firft lettre fend vnto ws, quhairby we wer commandit to vfe all poffible meanes and tryall, to find oute the treuthe of that murthour layed to thair charge. In quhilk point, as we omittit no panes, trauellis, nor diligence, that oure awne iudgement, or the informatioun of the pairtie could direct ws, fo by oure laft lettre we acquentit youre maieftie particularlie thairwith. And quhairas, now it is youre maiefteis pleafour, that the aggrement betuix the pairtyis ftiall go fordward, that fo, with all menis goode lykeing, thir Maxuellis may be releafed, it will pleafe youre maieftie to knowe that the aggreement is alreddy maid, bot the finall accomplifheing thairof, de- pendis vpoun youre maiefteis fauour to be fhowne to the faidis Maxuellis, becaus the aggreement is conditional! in that pointe; quhilk beino- 358 THE MELROS PAPERS. grantit, we fall tak fuche ordour, as that mater falbe fullie and finallie fatled, and the pairtie releafed, with all menis contentment. And fo, with oure humble and eirnift prayers vnto God for your maiefteis lang and happie reignn, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Melros. A. Mar. George Hay. Wintoun. Haliruidhous, 24 February 1620. To the King his moft facred and excellent Maieftie, etc. ccxi.—the lords of privy council to king james vi. Most Sacred Souerane, According to youre maiefteis directioun, we haif maid and caufit publifhe, ane new proclamatioun for reftreaneing the tranf- porte of paffingeris to that kingdome, who hes no laughfull earand thair, bot to importune and fafhe youre maieftie with thair fuitis and begging, to the difcredite and fcandall of this natioun. And we fhall haif a cair that the fkipparis offending in this cafe, falbe puneift accordinglie. Bot quhairas, it is your maiefteis pleafoure, that fome ordour falbe eftablifhed for reftreaneing of fuche, as, being hinderit to come be fea, may come in be the middlefhyres, that is a point very difficle, and hardlie can ony THE MELROS PAPERS. 359 courfe or ordour be eftablifhed thairanent ; ffor, as youre maieftie knowis, the boundis of the middleihyris, compting frome Beruick to Carlile, ar very fpatious and wyde, and it is not poffible that attendance can be gevin at all the pairtis and placeis within thefe boundis, quhair commo- ditie of paffage may be had. Alwayes, we haif tane this courfe, as the beft expedient, in oure opinionis, to releeue and freethe youre maieftie frome the importunitie and fafherie of thir idle and impertinent fuitaris and beggaris; to witt, by the proclamatioun foirfaid, we haif ftraitlie forbidden all perfonis, whofe pretext of comeing to youre maiefteis courte is for fuitis or begging, on nawayes to repair thairto, be fea nor land, without a teftimonie frome youre maiefteis counfaill of the laugh- fulnes of thair earand, vnder the pane to be fent bak with difcredite, and to be pvneift, according as youre maieftie fliall fend doun informatioun of thair mifbehauiour and cariage. And yf youre maieftie falbe pleafit to allow of this courfe, and accordinglie caus fome twa or three of thir im portune fuitaris to be fend home, with youre maiefteis aduife how thay falbe pvneift, we ar of opinioun, that the pvnifhement of thame falbe a terrour to all otheris to offend in the lyke caife heirefter ; quhilk remitting to youre maiefteis more iuditious confideratioun, and humelie praying God to bliffe youre maieftie with a lang and happie reignne, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. Melros. A. Mar. Roxburghe. Bukcleughe. Edinburghe, 8 Junij 1620. To the King his moft facred and excellent Maieftie. 360 THE MELROS PAPERS. ccxii.— the lords of privy council to king james vi. Most Sacred Souerane, By youre maiefteis lettre, writtin to the Erll of Melros, youre maiefteis fecretarie, we perfaue that youre maieftie hes tane fome offens vpoun occafioun of ane informatioun fend vp to youre maieftie, That quhen youre maiefteis commandment of confyneing of certane difobe- dient perfonis of Edinburgh wes exhibite in counfell, fome queftionis and doubtis Aver proponned, how far youre maiefteis commandmentis in the lyke caifes might extend, quhilk your maieftie hes interprete to be a direct calling of youre royall authoritie in queftion. We ar forie that in a mater of this kind, towcheing youre maieftie onywayes in youre royall prerogatiue and authoritie, that fuche finifter informationis fould haif bene maid of ws; ffor, as we ar all free of that mater, and never harbourit any fuche notioun in oure hairtis as to chope at the meaneft point of youre maiefteis authoritie; fo, quhen youre maiefties commandment and lettre for confyneing of thir men wes exhibite and red in counfell, thair Aves never fo mutche as ane word fpokin, quhilk, in direct or couloured fenfe, might haif impugned the fame ; bot the haill nomber that wes prefent, of whome few ar this day abfent, acquiefceit thairunto, without proponing of ony queftioun or doubt aganis the fame, or fpeakeing of ony ane worde quilk, in fenfe or confequence, might haif bene interprite to the preiudice of youre fouerane authoritie. All the queftioun that wes in handis, wes onlie anent the tymes of the entrie of thir perfonis in warde, quhilk ne- ceffarlie required fome confideratioun, in refpect of the pouirtie of fome of thame, the aige and infirmitie of otheris, and the far diftance of thair warding placeis, whilk moued the counfaill to grant vnto thame a rea- founable tyme to enter, for the better inhabilling of thame to mak thair prouifioun and furniffing. This being the fimple treuthe of all that wes done or fpoken in that buffynes, we humblie prefent the fame to youre maiefteis fauourable confideratioun, requeifting youre maieftie, not to gif haiftie credite to informationis of this kynd, quhairby youre maiefteis THE MELROS PAPERS. 361 faithfull feruandis and counfellouris may be wronged, and the finceritie of thair behauiour and cariage in youre maiefteis feruice randerit fufpi- tious ; bot in this, as in all otheris thingis, fubmitting oure felffis to youre maiefteis moft excellent iudgement, and frome oure hairtis praying God to bliffe youre maieftie with the continewance of mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. A. Mar. Melros. Scone. G. Murray. Roxburghe. J. Erskyne. W. Oliphant. Halyruidhous, xv Junij 1620. To the King his moft facred and excellent Maieftie. CCXIII.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Thair wes ane petitioun exhibite this day to youre maiefties counfell, in name of the noblemen, baronis, and gentilmen of this king- dome; and it wes bakit with the prefence of a nomber of the baronis of Lothiane, who conftantlie affirmed that thay had warrand to that effect, from diuers of the noblemen, baronis, and gentlemen that wer in the burgh of Edinburgh at this laft Witfoun terme, complening and havilie regraiting the fenfible harme, that not onlie thay, bot the haill fubiectis of this kingdome, fuftenit through the penurie and fcairftie of moneyis within the fame, quhairby thay thame felffis wer difhabilled frome keping of thair credite, and thair poore tennentis and labouraris of the ground wer liklie, in fhort tyme, to leave thair rowmes, and to caft and lay the 2z 362 THE MELROS PAPERS. fame waift. And thairfoir, thair humble petitioun vnto ws wes, that a toleratioun might be gevin to fome certane fpaceis of foreyne coyne to haif courfe heir at competent pryceis, vnder your maiefteis awne coyne, for a certane fpace, to the intent that thairby moneyis might be broght within the cuntrey, and your maiefteis fubiectis of all rankis maid the more able to defray thair debtis, and difcharge thair otheris adois accordinglie. Thair petitioun being at lenthe hard and confidderit, and the generall complaynte and regrait of the fubiectis through the fcairftie of moneyis being verie weele knowne, yitt we wald not prefoome to medle in that mater, according to the proieet proponned, without youre maiefteis confent and allowance, bot hes remittit the fame to youre maiefteis moft iuditious and graue confideratioun, and quhateuer youre maieftie falbe pleafit to command thairin, outher by allowing or dif- proueing of the faid proieet, falbe accordinglie followit. And yf it falbe youre maiefteis pleafour to allow thairof, vpoun fignificatioun of youre maiefteis will thairanent, a fpeciall regaird and cair falbe had, that bothe anent the particulair fpaceis quhilkis falbe tollerat to haif courfe, and anent the pryceis of the fame, fuche a moderat ordour falbe tane, as the im portance and neceflitie of the mater and the weele of the cuntrey requiris. And fo, praying the Almightie God to bliffe youre maieftie with mony lana and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. Wigtoune. Pa. Aberdene. Bukcleughe. Lauderdaill. Pa. B. of Ross. Wintoun. Melros. J. Erskyne. Haliruidhous, 29 Junij 1620. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 363 ccxiv.—the earls of dunfermline and melros to king james vi. Most Gratious Souerane, According to youre maiefteis directioun, we fend for the Erll Abircorne, and the Counteffe his moder, and trauellit verie eirniftlie with thame in that mater recommendit be youre maieftie to ws, anent the fub- miffioun vrged be youre maieftie of the materis queftionable betuix thame and Sir George Hamiltoun. The Counteffe excuifit hir felff, as haueing no mater of queftioun or conteftatioun with the faid Sir George, and fho refuifed to tak ony burdyne for hir fone, in refpect of his minoritie, and the Erll him felff declairit that he had conferrit with his curatouris anent this fubmiffioun, who aduifit him not to enter in ony generall fubmiffioun with the faid Sir George, vnles he wer particulair in his clayme quhat he had to crave ; and becaus Sir George refuifed to be particulair in that pointe, his curatouris wald not ioyne with him in that fubmiffioun. And fo find ing ane vnwillingnes in thame to fubmitt, and that thay efhewed and fled the fame, we haif left bothe pairtyis to the ordinarie courfe of the lawis, quhairin we fall haif a fpeciall cair and regaird that juftice falbe accord inglie miniftred as youre maieftie hes directit. And fo, with oure humble and eirnift prayers vnto God for youre maiefteis lang and happie reignn, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. Melros. Haliruidhous, the xiij of July 1620. To the King his moft facred and excellent Maieftie. 364 THE MELROS PAPERS. CCXV— CERTIFICATE IN FAVOUR OF SIR HENRY WARDLAW, HER LATE MAJESTY'S CHAMBERLAIN. We, vnder fubfcryveand, havene hard, examined, and tryit the comptis maid be Sir Henrie Wardlaw, chalmerlane for the tyme to the quenis moft excellent maieftie, of bliffed and happie memorie, of the Lordfchip of Dunfermling, Erldome of Rofe, Lordfchipis of Ardmenach and Et- trikforreft, of the termis of Witfonday and Mertimes, crope and zeir of God ane thoufand fix hundrethe and auchtene zeiris, conforme to ane perticuler commiffiomi direct be the kingis moft facreid maieftie to ws for that effect; we haue allowed, admitted, and fubfcryuit the faidis comptis, and hes fundin the faid Sir Henrie to haue maid juft compt, reknene, and compleit payment of his intromifiioun of the frutis, rentis, and cafualiteis of the faid Lordfchip of Dunfermling, Erldome of Rofe, Lordfchipis of Ardmenach and Ettrikforreft, of the termis and crope aboue fpecifieit ; quhilkis we teftifie be thir prefentis, fubfcryuit with our handis at Edinbrughe, the auchtene day of July 1620 zeiris. Al. Cancell3. Melros.George Hay. W. Oliphant. G. Murray. THE MELROS PAPERS. 365 CCXVL—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, We reffaued youre maiefteis lettre, towcheing the fuite maid to youre maieftie, on the behalff of the Lord Gordoun, for a tak of the rentis and cafualityis of Orknay and Yetland, to be fett to him after the expir ing of the Lord Vchiltrie his tak ; and by this letter, it was youre maiefteis pleafoure, that we fould not onlie heir the faid Lord Gordoun and his offers, and all otheris (yf ony be) who ar defyrous to medle in that mater, bot that we fould acquent youre maieftie with thair feuerall offers, and with oure opinionis anent the expediencie of the fetting of the faidis rentis and caufualityis in few. According to the directioun of the faid lettre, we haif hard the Lord Gordoun, and hes conferrit with him at lenthe vpoun that fubiect, who fayis, that in the offer maid vnto youre maieftie on his behalff, ther wes no other conditioun, bot that fame yeirlie dewtie payit be the Lord Vchiltrye for his tak, extending to fourtie thowfand merkis, quhairunto he will yitt ftand, and he offeris fufficient cautioun for affurance of the payment, of the quhilkis cautionaris he gaif in a roll of a nomber of refponfall and anfurable baronis and gentlemen. We haif hard no other fuitaris as yitt, be reffoun of the fchortnes of the tyme, bot yf ony fall prefent thame felffis, thay fall reffaue fauourable heareing, and youre maieftie falbe acqentit with thair offers. And towcheing the other pointe of youre maiefteis lettre, anent the expediencie of the fetting of the faidis rentis and caufualityis in few, that is a pointe of weyght and importance, craveing bothe tyme and laifer, and mature aduife and deli- beratioun, for mony thingis will occur and be incident in that proieet, quhilkis vpoun a fuddane can nouther be foirfeene nor degeifted. Al wayes we haif gevin ordour for lookeing oute of the rentallis of Orknay, and Yetland, and, after examinatioun of the particularis thairof, and dew confideratioun of youre maiefteis interes, bothe anent the few and the tak, 366 THE MELROS PAPERS. we fall acquent youre maieftie quhat, in oure opinionis, we holde fitteft to be done bothe for youre maiefteis proffeit and weele of the fubiectis. We haif beene fpairing to be too haftie or to precipitat this buffynes, be- caus thair is tua yeiris of the faid Lord Vchiltrie his tak as yitt to rinne, bot we fall vfe fuch conuenient diligence thairin, as fall gif vnto youre maieftie fatiffactioun. And fo, with oure humble and eirnift prayeris vnto God for youre maiefteis lang and happie reignne, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. W. Oliphant. Melros. G. Murray. A. Mar. George Hay. Haliruidhous, 20 July 1620. To the King his moft facred and excellent Maieftie. CCXVIL— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, The caus quhairfoir we haif fo lang deferred the returning of oure opinioun vnto your maieftie towcheing the fignatour of the burgh of Edinburgh, anent the new worke intendit and begvn thair, for making of cloathis and ftuffis of diuers kindis within the faid burgh and liberties thairof, proceidit frome the cair we had, according to youre maiefteis moft iuditious and princelie directioun, not onlie to foirfee that no preiu- dice might thairby enfew to otheris, youre maiefteis fubiectis, interprifing THE MELROS PAPERS. 367 the lyke workis outwith the liberteis of the faid burgh heirefter, bot with that to ftrenthen and affift the faid burgh, with fuch laughfull warrandis and auctoritie, as might encourage them to fett fordwart the faid worke ; ffor quhilk purpois, we firft appointit fome of oure awne nomber, and fome baronis, gentilmen, and burgeffis of Lotheane and Fyffe, to conveene and meit with the commiffionaris of the faid burgh, and to confidder and examine the faid fignatoure, and the whole headis, clauffis, and articlis of the fame, and to confer and reffoun thairvpoun, and in fuche pointis as thay could efpy ony preiudice, outher to youre maieftie or the eftate, to acquent ws thairwith, and with thair opinionis anent the reformeing of the fame. At whilk meeting, the faid fignatour being verie narroulie and exactlie examined, and fome queftionis and doubtis being proponned and moued thairanent, and prefented to the confideratioun of the counfaill table, and the commiffionaris of the faid burgh, being, at verie grite lenthe, and at diuers and findrie dyetis, hard thairvpoun ; in end, after diuers conferenceis and meitingis with thame, we haif cleirlie difcuffit all the obiectionis and doubtis proponned againis the faid fignatour, and^ with mature aduife and deliberatioun, we haif caufit draw vp ane new fignatour, heirwith fend vnto youre maieftie, markit on the bak be the dark of youre maiefteis Counfaill, quhairin we haif maid fuche proui fionis, limitationis, and reftrietionis, for the weele of youre maiefteis fub iectis, as, in our opinioun, no claus nor article thairof can with reffoun be impugned. This is a verie worthie and notable worke, and in appeir- ance the beft for the commounweele that for mony yeiris ago hes bene intendit within this kingdome. It hes coift the faid burgh a grite deale of money, with fuche a willing confent and contributioun of the honeft in habitants, as the lyke hes not bene hard of within the faid burgh. Thair is a nomber of handfome and commodious houffis alreddy biggit for this worke, and fome famileis of ftrangearis els plantit and fett to worke thair in ; and the worke is fo fubftantiouflie bakkit and haldin fordwart be the faid burgh, that we ar in verie goode hoip that it fall not onlie prove hon- norable, bot proffitable for the whole cuntrey. And thairfoir, yf youre maieftie falbe pleifed to allow of this fignatour, and returne the fame to ws vnder youre maiefteis hand, we fall caus expeid and pas the fame ac- 368 THE MELROS PAPERS. cordinglie. And fo, praying God to bliffe youre maieftie with mony lang and happie yeiris, we reft Your Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Wigtoune. Melros. W. Oliphant. Wintoun. G. Murray. Lauderdaill. Edinburgh, 23 Auguft 1620. To the King his moft facred and excellent Maieftie. CCXVIII._THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Thair hes beene a verie pitiefull and havie complainte maid vnto ws, on the behalff of George Foullis, maifter of your maiefties mynte, Johnne Sinclair, Johnne Trotter, and fome otheris, mercheantis of Edin burgh, awnaris of the fhip callit the Peragon of Leythe, and in name of the relict and bairnis of vmquhile Robert Lewcope, fkippair of the faid fhip, and Williame Huntair, his mate, beareing, that the faid fhip being fraughted be fome marcheantis of Lundone to the Ilandis of Canaryis for wyne; and the fhip, by the fauour of God, haueing faulflie arryved at hir porte, and tane in hir laidning of wyne, as fho wes returning bak thairfra, and vpon hir dew courfe towardis the citie of Lundone, in the moneth of Marche laft, fho wes, by contrarious windis, drevin and putt in the harborie of Realing, in the weft of Irland, quhair, being lyand at THE MELROS PAPERS. 369 ane anker, awaiting the commoditie of the wynd and wedder, Myles Burke, fone to Sir Tibold Burke, Dauid Burk M°Richard, and Owen Afflutt, verie familiarlie, vnder collour of friendfhip, frequentid the fhip the fpace of eyght dayis, and reffaued fuche kynd and hairtlie interteyn- ment as the maifter of the fhip could mak thame, and thay become fo familiair with maifter and companie of the fhip, and intertenyed fuche mutuall dewyteis of kyndnes with thame, that thay thoght thame felffis in a full fecuritie, without any apprehenfioun of feare or dangeir, whilk being perfaved be thir lymmaris, and thay haueing narroulie remarkit the ordour and gouernament of the fhip, quhairwith fho wes laidnit, and how fho wes prouidit for defence, and finding all thingis anfuerable to thair wifheis for profequutioun of thair treatcherous and deteftable refolutioun, thay, accompanyed with Tibot Kellie, alias Duff, Richard Kilduff, Rorye Corme, Phillop and Myles Burke, come all furthe of the faid Myles houfe, and boordit the fhip, whereas the maifter and his man wer buffie at thair worke; and at thair firft entrie in the fhip, thay treatcherouflie and barbarouflie killed the faid Robert Leucope, and William Hunter, his mate, and deadlie woundit the carpentair of the fhip, and poffeft thame felffis with the fhip, and hir whole laidning, and enforced the fer uice of the reft of the company of the fhip for gouerning of the fhip, the fpace of eyght oulkis, till thay come to Broadhavin, quhair, by the fauour and prouidence of God, thay efchaiped. This being the trewthe of this mater, as we ar informed by the pairtyis greved, we ar moued, vpoun thair humble and eirnift requeift, to gif notice of the fame vnto youre maieftie, and, on thair behalf, moft humelie to intreate your maieftie to recommend the fame to the lord deputie of Irland, with a ftrait directioun and charge vnto him, to grant fummair and fauourable proces and iuftice vnto thame, and thair actornayis and procuratouris, in thair names, alfweele aganis the lymmaris thame felffis, as aganis all otheris who hes bene accefforye to thair doingis, in fuche forme and maner as your maieftie hes written in fauouris of the faidis maircheantis of Lundone, fua, that yf ony redres or reparatioun may poffiblie be had, that youre maiefteis diftreft fubiectis of this kingdome may be equalie 3 A 370 THE MELROS PAPERS. refpectit and acknowledgeit thairin, and that no prioritie be vfed in the faid redres, bot that a commoun and equall confideratioun be had thair in. And fo, crauing your maiefteis pardoun for this our prefumptioun, and praying God to bliffe youre maieftie with the continewance of mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient, Al. Cancell3. Wigtoune. Melros. W. Oliphant. Wintoun. G. Murray. Lauderdaill. Edinburgh, 23 Auguft 1620. To the King his moft facred and excellent Maieftie. CCXIX.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, We reffaued your maiefties lettre, with the articlis fett doun and figned by youre maieftie, and aggreit vnto be the erll of Home and the Counteffe his moder, on the one pairt, and Johnne Steuart, fone to the laite erll Bothuill, on the other pairt; and accordinglie we haif at diuers and fundrie dyetis, had the pairtyis and thair procuratouris befoir ws, and at verie grite lenthe hes hard thame vpoun that fubiect, and vpoun all and euerye thing that refulted or could be propouned thairanent, and after lang conference, reafoning, and difpute, how far we might go in THE MELROS PAPERS. 371 a mater of this kynd be forme and ordour of law, for the fuirtie of bothe pairtyis, it wes in end found, with the confent of bothe procuratoris, that the faid Johnne can not be capable in his perfone, of ony difpofitionis or rights proceding frome the erll or his moder, bot that the fame muft be conceaved in the fauouris of a thrid perfone, fra whome thay muft reffaue fecuritie for thair moneyis. Vpoun whiche pointe we haueing aggreit with the faidis pairtyis and thair procuratouris, as the beft and nixt ex pedient for fatling of this buffynes, we haif thairfoir heirwith returnit vnto youre maieftie the faidis articlis, whilkis it will pleafe youre maieftie to cancell and diftroy, to the intent, that thairefter we may go on with the pairtyis, and proceid to the finall fatling of this buffynes according to the termes now aggreit vpoun. The particularis quhairof being at lenthe com- mvned vpoun, ar now fullie degeifted and fatled. Thair is onlie one pointe contrauerted, whairanent the pairtyis hes referred thamefelffis to youre maiefteis determinatioun ; towitt, quhairas the faid erll and his predicef- fouris hes bene heritable and kyndlie poffeffors of the landis of Auld Camb- mes and Fafcaftell, haldin of auld of the prioris of Coldinghame, and laft of youre maieftie be the act of annexatioun, it is inftantlie vrged on the behalf of the erll, that the landis may be referued and exceptit oute of his difpofitioun, and that he may ftill hald the fame of your maieftie, ather blenfhe or few, for payment of that fame dewitie whilk is contened in his faderis and authouris infeftmentis. Johnne Steuart being loathe to quyte his fuperioritie, is fome thing auerfe in this pointe ; bot quhateuir your maieftie fallbe pleafed to decerne thairintill, thay will bothe acquiefce and ftand to it. Thair is one other pointe whairof the counteffe takis halde, and fofer as we can perfave, hardlie will fho be induceit to end this buffynes vnles fho gett fome fatiffactioun thairanent : To witt, fho challengeis a promeis maid be youre maieftie to hir and hir fone of ijm lib. fterling, whairin yf fome courfe can be tane for hir fatiffactioun, and youre maieftie haueing declairit youre will and pleafour anent the fuperioritie of the landis aboue written, all forder conteftatioun anent this mater will in oure opinionis ceafe, and no thing will reft bot the fub- fcryueing of the contract and otheris fecurityis hinc inde, quhilkis we falbe cairfull to fee perfyted and outred. This being the effect of oure pro cedingis in this buffynes, we humelie prefent the fame to youre maiefteis 372 THE MELROS PAPERS. confideratioun; and, with oure moft eirnift prayers vnto God for youre maiefteis lang and happie reignn, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. Melros. W. Oliphant. Edinburgh, 23 Auguft 1620. To the King his moft facred and excellent Maieftie. CCXX THE LORDS OF PRIVY COUNCIL TO KING JAMES Vl. Most Sacred Souerane, Vpoun the refett of youre maiefteis lettre of the eyght of this in* ftant, willing ws to be particulair anent the fpeces of foreyne coyne thoght fitte to haif courfe heir, with the vtter value of eache peece, and at quhat price thay may pas without loffe to the inbringair, or hurte to the fubiectis, we convenit befoir ws, as We did the firft tyme quhen this mater wes pro ponned vnto ws, the maifter and officiaris of youre maiefteis mynte, with fome of the maircheantis of Edinburgh beft acquentit with the Franfhe, Spanifhe, Flemis, and Eafterlyne tradis, and at lenthe conferrit with thame vpoun that fubiect ; and haueing tane ane verye narrow and exact tryale of the eftate of the coyne in thefe pairtis, and quhat proportioun thay holde in weyght, price, and fynnes with youre maiefteis awne coyne, and at quhat raite and price thay may pas heir vnder youre maiefties coyne, we find that the Franfhe crowne and Spanifhe piftollett, the rois noble, quart decue and ryallis, jumpis neireft with youre maiefteis coyne, and that the toleratioun of thame to haif courfe will chieflie worke the effect for whiche THE MELROS PAPERS. 373 the toleratioun is craved. We haif in this other tickett fett doun the value, weyght, and price of thir peeceis, with fuche moderatioun and in difference, as the maircheant, by the importatioun, may expect gayne; and no feare is to be tane of the exportatioun of youre maiefteis coyne vpoun this occafioun, becaus the difference betuix the priceis is fo fmall, and thair is fo litle hoip of gayne to aryfe by the exportatioun, that the maircheant will not hafaird to offend in that kynd. The regrait of the fubiectis for the fcairftie of moneyis yitt continewis, and thay ar ftill humble fuitearis that this toleratioun may be grantit; wheranent attend ing youre maiefteis gratious will and pleafour, and humelie recommend ing youre maieftie, and all youre princelie affairis, to the protectioun of the Almightie, we reft for ever Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. Roxburghe. Melros. W. Oliphant. Wintoun. A. Hay. G. Murray. Edinburgh, 23 Auguft 1620. To the King his moft facred and excellent Maieftie. ccxxi.—the lords of privy council to king james vi. Most Sacred Souerane, We reffauit youre maiefteis lettre, beareing youre maiefteis defire of a voluntair contributioun to be grantit be youre maiefteis counfaill, 374 THE MELROS PAPERS. nobilitie, and memberis of feffioun, with the burgh of Edinburgh, for defending of the Pallatinat, being the dowrie of youre maiefteis darreft doghter, and defrayeing of the chargeis of the warre thair; in quhilk poynte, althoght we doubt not bot all honneft hairtit fubiectis will kyithe thair goode affectionis, and contribute thair beft meanis for the defence of that caus, yitt, inrefpect of the few nomber of youre maiefteis coun faill prefent this day, not exceiding fevin perfonis, we could refolue vpoun no other courfe, bot to appoint a meeting of the haill nobilitie and coun faill to be heir vpoun the xxij day of Nouember nixttocome, vnto whome we haif writtin and fent miffiues for this effect; at quhilk tyme, we fall follicite this buffynes, with fuche pregnant reffonis and argumentis, as may beft procure youre maiefteis fatiffactioun, and the honnour and credite of this cuntrey. And fo, with oure humble and earnift prayeris vnto God for youre maiefteis lang and happie reignn, we reft Youre Maiefties moft humble and obedient fubiectis and feruitouris, Al. Cancell3. , G. Murray. Melros. Sr J. Skene. W. Oliphant. Edinburgh, 25 of October 1620. To the King his moft facred and excellent Maieftie. ccxxii.—earl of melros to king james vi. Most Sacred Souerane, As the counfell, by their firft letter, fent efter their receit of your maiefties, for contribution to the defence of the Palatinat promifed, they THE MELROS PAPERS. 375 Wrote for the whole nobilitie and counfellours to this day, who being all come to towne except fome few who have fent excufes of fickneffe and other neceffar impediments, with declaration that they fall performe for their partes what fall be concluded by the reft : The meeting for the bufi- neffe hes this day beene delayed, by occafion of oppofition of fome Earles, created by your maieftie, fince the Earle of Niddifdails father wes honored by your maieftie with that dignitie, acclameing place before this Earle, which being fignified to the counfell, they, for preventing of furder contention amongs the parties, called them, and having fignified to fuch as oppofed, that your maiefties letter to my Lord Chancelar, and the tenour of the Earle of Niddifdails patent, conteaned the true and iuft reafons of your maiefties di rection, the parties alledged, that all that wes done, they not being hard to propone their intereft, being affured that your maieftie did not intend therby to preiudge them of the places wherewith your maieftie had honored them or their predeceffours ; alledgeing alfo, that efter the Earle of Angus his reftitution, the Earle of Niddifdails father had not poffeffed that dignitie, and that his elder brother had fittin and voted in parlement amongs the Lords. The Earle of Niddifdaile anfuered, that his father, in all his lyfe, had ftill menteaned the place and dignitie of ane earle, and that the ne glect of his brother could not preiudge him, being aire to his father, and having his right ftrengthened by your maiefties iuft declaration. They opponed to him the decreit of ranking the noblemen, which affigned place to the Earle of Niddifdails brother, as Lord Maxuell, amongs the Lords; but that decreit wes gevin aganis him not compeirand. Alwayes the inftance of the parties, and requifition that the place which they had long poffeffed fould not be taken from them, whill their right wer decyded by the Judge ordinar, moued the counfell to direct fome to deale with them to conforme themfelues to the counfels aduyce, with declaration that it fould be without preiudice of their rights before the ordinar Judge. The opponents refufed to confent, but the Earle of Niddifdaill offered to do what the counfell would command, if they would teftifie to your maieftie, by their letter, that he had done it for obedience to them, and for efchew- ing the hinderance of your maiefties feruice, which they, being vnwilling to vndertake, he, for the fame refpect of defire to remoue all occafion of 376 THE MELROS PAPERS. difturbance of your maiefties feruice, yeelded to accept of fuch a place a part as the counfell fould affigne to him, whereby he fould neither take place at this time before his oppofites, nor accept of a place that might import a preiudiciall teftimonie of his yeelding to a place inferiour to any of them. So by his difcretion the prefent contention is declined, whill your maiefties knowne will, fall prefcriue a cleir expedient in their contro- uerfie. Some thing hes beene talked of the Earle of Angus his intention to crave vote before the Marquis of Huntlie, from which we haue preaffed by freindlie aduyce to divert him. If he perfift, fuch order will be taken as may likewife fettle that diffraction, that we may proceed in the dutifull performance of your maiefties direction. If the multitude of the nobilitie, whoes opinions and votes muft be hard, force ws to fpend large time, I will humblie beg your maiefties patience and pardon for my delay to wryte till the mater be broght to a conclufion. The patents for the Vicountes are commanded to be fpeedelie exped, and fall be fent with diligence with God grace, whom I befeech long to preferue and bleffe your maieftie with all profperitie and contentment. Edinburgh, 23 Nouember [1620?] Your moft facred Maiefties moft humble, faithfull, and bund feruant and fubiect, Melros. CCXXIII— THE EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, My letter of the 23 declared the occafion which made that day to be vnproffitablie fpent. The comon letter fent herewith to your ma ieftie by the prelates, nobilitie, and counfell now in towne, will fignifie THE MELROS PAPERS. 377 the generall willingnes of them all to heartelie obey and reallie per forme your maiefties commandement. Thir lynes ar to beg your ma iefties pardon for a more particular relation of fome of the circumftances in the progreffe of the bufineffe. The whole number met vpon the 24, and, after reading of your maiefties letter twyfe or thryfe, my lord Chan celar, wifelie and eloquentlie acknowledged, that no man wes either able to adduce fo good reafons as your maiefties letter conteaned, or by copious fpeech to make them more fenfible, but who euer fould prefume to illus- trat them, might, like an obfcure gloffe, wrong an excellent text. And efter relation of the common duties which oblige fubiects to their princes, remembring many lingular fauors, whereby your maiefties moft vertuous and iuft gouernement, and infinit benefites, had more ftrictlie bund this eftate in generall,. and eurie nobleman in particular, he rehearfed notable exemples of timelie and frie fupplies giuen by princes and eftates to their diftreffed confederats, with fpeciall remarque of the noble and kynd dutie performed by Hieron, king of Sicile, to the Romans, efter their ruinous ouerthrow in the battell of Trafimenum, recorded by Liuie. He con cluded with an earneft exhortation to all men to fchew, in this iuft quer- rell, their liberalitie, which he defined to be a good deid proceeding from a frie mind. He wes feconded by my lord of Santandrois, who, adding reafons of coniunction in religion and comon perrell both to our hues and confciences, declared, that he refolued not to propone any argument for the iuftice and neceflitie of the defired fupplie, which he knew no man either in heart, wourd, or deid, would deny, but thought it moft expedient to aduyfe vpon the meanes, how it might be moft fpeedelie and proffitablie yeelded, fince the fcarcitie of moneyes in the cuntrie would be the great- eft impediment to the beft mindes, and therefore wifhed to aduyfe how moneyes might be had, either by highting the pryce both of your ma iefties coyne and foreyne fpeces, or any other good and expedient meane. The bifchop of Aberdene told, that manie of the nobilitie wer abfent, and none of the prelates prefent but my lord of Santandrois and him felf, none of the reft being fent for bot my lord of Glafgow, who wes tied to his bed by feeknes, and the bifchop of Ros, who being in his diocie, had not timelie warning ; which refpect, and the abfence of fo manie of the 3 B 378 THE MELROS PAPERS. nobilitie, vpon whom thofe that wer prefent had no power to impofe anie burding, made him to think that your maiefties intent might be better fatiffied by parliament, where order might be giuen that euerie man might be taxed capitatim. But he wifhed he had been fo happie as to haue knowne, whether your maieftie intended that this cuntrie fould yeeld a yeerlie contribution, fo long as the warres contineued, or, that a contri bution being at this time largelie giuen, fould releiue the people of further burding, to the effect the quantitie might be proportioned to your ma iefties intention. The earles of Mar, Erroll, Montrois, Roxburgh, Tulli- bardin, Wigton, the lords Scone, Carnegie, and others, who wer required to fpeak, appeired all to contend who fould expreffe greateft willingnes to fatiffie your maiefties defire, which, they acknouledged to be not onlie expedient and iuft, but moft neceffar. My lord Chancelars command forced me to fpeak, when I could hardlie find what to fay, that had not beene al- readie better expreffed by others, yet for obedience, and to efchew repeti tion, I onlie preaffed to refute an objection made, not by anie of the nobilitie, but come to my eares by report of fpeaches vttered bythe ignorant vulgar, or euill affected perfons : That thir warres of Germanie did not con- cerne this nation, onlie accuftumed to ferue perfonallie for defenfe of their natiue cuntrie, and when euer they gaue aide to any forein confederat, it wes onlie by furneifling men, vpon the charges and pay of thofe who fought our affiftance, and not by money, wherof we had in all bipaft ages beene vnfurnifhed, and neuer more nor at this prefent, which I affirmed to be a groffe and popular errour, fince no preceeding occafion wes comparable to this, requyring the neceffar defence of the patrimonie of your maiefties children : wife men in all well gouerned eftates having euer efteemed that the children of their kings wer the pillars, bulwarks, and fortreffis of their eftate, and iewels of the kingdome, fo precious and ineftimable, that, owt of defire to haue that blefling, the fubieets had many times importun ed, and almoft forced, their vnwilling or delaying kings to marie. That Tibere, one of the wifeft emperours that euer wes, faid to the fenat, that the reafon of his adopting Drufus and Germanicus, wes, Vtpluribus muni- mentis niteretur. That Titus, the moft gentle and vertuous of all the emperours, had faid to his father Vefpafian, neque exercitus nee claffes THE MELROS PAPERS. 379 tamfirma effe Imperii munimenta, quam liberos principis. That Hero- dian recorded that the Romans, who prefumed als freelie of old to make gods, as the popes had fenfyne vfurped to make fantes, did not deifie any of their emperours, but fuch as left children to fucceed to the em pire. That Chriftian emperours, had, with confent of their nobilitie, and of their prelates, when the church wes verie neer the firft and greateft puritie, repudiated their wyues onlie becaufe they wer barren, alledging, for example, Charlemaine, who wes the godlieft and greateft of the Chriftian emperours. That fince, France pretended their Salik law to exclude the doghters of their kings from fucceeding to the crowne. Lewes the Sevint had repudiated his firft Queene, being heire of Aqui- tanie, becaufe fcho had only doghters, that he might marie another with better hope of male children. I abfteaned from more exemples, albeit many wer recorded in the hiftories, thinking fuch as wer alreadie alledged, fufficient to proue, the children of princes to be the greateft and beft part of the eftate, and that the queen of Boheme, (whoes vertues wer fo vni- uerfallie honored and admired, as fcho had extorted the confeffion therof from the verie ennemies of hir hufband) had broght fuch ftrenth and hap- pines to your maieftie and your fubiects, by the multitude of hir moft hopefull children, that they might be thought traitours to both, that fould pretend the warre moued for the mine of their patrimonie, not to be a querrell, als proper and important to your maiefties fubiects, as if it wer raifed in the verie bowels of this kingdome. And therefore, com ing to the next obiection of our fcarcetie of money, I affirmed that it wes fufficientlie anfuered by your maiefties gracious declaration in your letter, that ye knew that moneyes wer fcarce, but that litle would be graciouflie accepted, and would help to do a good turne. That the beft expedient wes, that the nobilitie fould fchew the way, and giue exemple to the in feriour eftates. That in the diftreffe of Rome, when the impouerifhed peo ple, recharged with redoubled contributions, wer readie to mutine, the Conful Leuinus aduifed the fenatours, who, from the verie fundation of that eftate, had beene exemed from all taxations, to renunce their priui- lege, and contribute all that they could therby, to encourage the people to follow their example, which, being embraced, did ftirre fo vertuous 380 THE MELROS PAPERS. emulation in men of all qualities, that their liberalise wes fo fpeedelie and abundantlie broght in, vt neque triumuiri accipiendo, necfcribce re- ferendo,fufficere valerent. That in the ciuill warres of France, the reitres armie come to affift the Proteftants vpon promife of pay; being fruftrat therof, began a defperat tumult, tending to the apparent ouerthrow of the Proteftants caufe, which the principals of the French armie being vnable to prevent by any other meane, refolued vpon a voluntarie contribution, which Wes vndelaiedlie performed, not onlie by the nobilitie and gentlemen who had fome meanes, but alfo by the comon fouldiours, who had more reafon to craue their owne pay, nor to contribute to that of others, yea the verie goniats exhibited all that litle which wes in their purfes, to fatiffie the ftrengers. That the Perfians wer oblifhed, bya receiued cuftume, to offer prefents to their kings where ever they rencontred them. And Artaxerxes, one day, coming vnexpectedlie to a place where apoore ruftik cafuallie met him, the perplex ed fubiects miferie affording no thing to offer his prince, he ranne fuddanlie to the neereft riuer, where, taking fome of the cleir water in the luffes of his hands, he prefented it to that great monarche, who, refpecting the well affected heart placed in that poor breaft, did fo graciouflie accept of his offer, as he commanded the water to be put in a phiole of gold, and to be placed and carefullie kept amongft the moft pretious jewels of his infinit treafor. That I had red of old that the Maffilians (if I be not mif- taken of the peoples name) being fo ruined by their enemies in a nauale fight, as the moft part of their fchips wer either funk or taken, and the few that efcaped wer fo torne and difarmed, as wanting cabils, towes, and all fort of cordages and neceffar furnitour, they wer altogether vnfit for feruice, and the eftate fo poore and deftitute, both of meanes and forein aide, as their cafe wes counted defperat, their matrones and maides, who weare long haire as an ornament and badge of their chaftetie, with comon refolution, did cut all their haire and bring it to the publik ftore- houfe, their to feme for making towes, cabils, and other neceffars of the nauie, whereof did chiefly refult the reftauration of their ruined cun trie, and immortall renome to their wemen as principall inftruments ther of. Thefe exemples, I thought fufficient both to incourage and direct ws, to fupplie the weakeneffe of our meanes, by the alacritie of our readie and THE MELROS PAPERS. 381 fpedie contribution, and that no man could either refufe or delay his vtter- moft beneuolence, but he that was deftitute of fincere affection. That meet ing ended in a choife of a nomber of noblemen, prelates, and other coun- fellours, appointed to conveene vpon the 25, in the forenone, to aduyfe vpon the beft meanes to performe reallie what wes intended by all for your maiefteis beft fatiffaction. Vpon the 25, a fignification of the earle of Angus intention to crave vote before the marquis of Huntlie did interrupt the effect of that dyet. But, conveening in the afternone, the earle of Angus yeelded, onlie making a modeft proteftation, that it fould not pre iudge his right in time coming. Therefter my lord Chancelar recom mended feriouflie to all the affemblie that they would heartelie concurre in the propofition of the particular meanes that might beft bring your maiefties defire to good effect, agreable to their vniforme intention; and willing my Lord of Santandrois firft to fpeak, he renewed his former per- fuafions to procede reallie and fincerelie in the bufineffe, fpeciallie in fore- feing fome courfe, how moneyes might be had in greater quantitie, the Avant wherof wes the greateft, or reither the onelie latte, to the prefent execution of our fathfull refolutions ; adding, that albeit thofe who wer prefent fould extend and exceed their vttermoft abilitie, the fowme would not be wourthie to be offered to your maieftie, and could import no thing but a difcouerie of our pouertie, and therefore thoght it more convenient that the burding fould be impofed vpon the whole fubiects by taxation. The earles of Morton, Erroll, Montrois, and all the reft who wer defired to fpeak e, wer of that fame opinion, and fchew that many privat men wer more able by their wealth to contribute, nor fome of the greateft qualitie, and therefore defired that fome courfe might, be taken to charge them with a burding anfuerable to their fubftance. The bifchop of Aberdene feemed to feare, that, the ouuerture not tending to a prefent fatiffaction, might be dif- pleafing to your maieftie. When I wes commanded, I gave my opinion, that, fince the cumpanie inclined to an impofition vpon the eftates, it could not well be done but by parlement, no other judicatour having power to im- pofe any vnvfuall formes of contribution, or to infringe the immunities of priuiledged perfons, or to force thofe, who, by their anvelrents, had fureft, eafieft, and greateft wealth, to contribute. But if the emperour Niger 382 THE MELROS PAPERS. had, in time of no great neceflitie, imponed tribute vpon his people, non tantum ratione foli, fed etiam ratione cosli, your maieftie, for this iuft and moft important caufe, might laufullie taxe thofe who mioyfolum et caelum in your dominions, with peace, fafetie, and wealth, vnder your maiefties iuft and royall protection. For the delay of time, I thought the courfe by parlement fpeedier nor the other, fince a voluntar contribution requyred particular mens imploye- ments in eurie remoteft fchire of the kingdome, and dealing with evrie fingle perfon of whom ought wes to be craved, who being bund to no other rewle, but that of their owne will, many who might do beft being fo niggardlie, and their knowledge of their dutie could not moderat their auarice, no thing wes to be hoped of them, but either refufall or grant of vnwourthie fowmes to long dayes, which, brought in, in fmall parcels, could neither promife good nor fpeedie effect. Whervpon the mater being put to voting, all in one voice thought a parlement the onlie beft way to fatiffy your maiefties intention. If your maieftie diflyke not this expedient, vpon fignification of your royall pleafour, all will be diligentlie profecuted according to direction ; and if your maieftie prefcriue any other courfe, all men appeir difpofed to manifefte their zeale to obey whateuer fall proceed from your royall wifdome. So, befeeching God long to pre- ferue your maieftie to direct and protect ws, and to multiplie his wounted bliflings vpon your maieftie and your royall pofteritie, I reft Your moft facred Maiefties moft humble, faithful!, and bund feruant and fubiect, Melros. Edinburgh, 27 Nouemb. [1620?] To the Kings moft facred Maieftie. THE MELROS PAPERS. 383 ccxxiv.— the lords of privy council to king james vi. Most Sacred Souerane, According to youre maiefteis directioun, we caufit charge the lord of Scoone, and Patrik Pitcairne of Pitlour, to compeir befoir youre maiefteis counfaill, this prefent laft day of Nouember, ffor cleiring of that complainte and informatioun maid to youre maieftie, on the behalff of the faid Patrik aganis the faid lord of Scoone, towcheing certane oppreffionis and wrongis, alledgeit committit be the faid lord aganis him, and fpecifeit in the petitioun gevin in to youre maieftie thairanent. For obedience of this charge, bothe the pairtyis compeirit befoir ws, and the faid lord, verie. inftantlie and eirniftlie, vrgeit his tryall vpoun thefe pointis contenit in the faid petitioun ; and accordinglie, we layed to the faid Patrik his charge, yf he had maid ony fuche complaynte, vpoun quhat ground and warrand he had done the fame, and quhat verificatioun he had for proueing thairof. He excuifit him felff, that he had no purpois nor intentioun directlie to haif made ony fuche complaint to youre ma ieftie, and that he had givin no warrand nor directioun to that effect ; bot that, vpoun occafioun of fome greevis, quhilkis, he had aganis the faid lord, he, in the moneth of Junij laft, write vp to fome of his freindis at courte to haif beggit ane lettre of recommendatioun frome your ma ieftie to your aduocat, to haif tane fome panes for fatling of all materis queftionable betuix the faid lord and him freindlie, and failyeeing thairof, to haif affiftit him in his juft and laughfull caufs, and that this wes all that he did, without ony purpois or intentioun to haif complenit ; and howeuer the petitioun wes drawne vp in other termes, he could not an fuer for it, becaus he had not gevin informatioun thairto, nor never faw the fame. This excufe being maid in the faid lord his audience, he notwithftanding ftill infilled to haif bene tryed; bot feeing the other fled the tryall, and denyit the complainte, in maner foirfaid, we could proceid 384 THE MELROS PAPERS. no forder thairintill, bot to gif notice to your maieftie of the excufe; whilk in all humilitie remitting to your maiefteis confideratioun, and praying God to bliffe your maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Melros. J. Erskyne. George Hay. R. COKBURNE. LAUDERDAILL. G. Murray. Edinburgh, the laft of Nouember 1620. To the King his moft facred and excellent Maieftie. ccxxv.—the lords of privy council to king james vi. Most Sacred Souerane, Whereas youre maieftie wes pleafit, in the fax hundreth and ten yeir of God, vpoun the humble fuite of the lord Elphinftoun, to honnour that familie, quhairof, vnder youre maieftie, he is cheiff, with ane approba- tioun of thair genealogie, and with ane atteftatioun, that one Peter Elphin ftoun (who and his prediceffouris hes leved thir mony yeiris bigane in the kingdome of France in the qualitie of gentilmen), is lineallie and laugh- fullie defcendit frome his houfe, as youre maiefteis patent, grantit thair- upon vnder youre grite feale, bearis. This patent wes thairefter acknou- legeit, with all dew refpect, in the fouerane courtis of France, and the gentleman accordinglie eftablifhed in the hereditarie poffeffioun of his digniteis, whilkis he hes peceablie inioyed till of laite, that fome perfonis, THE MELROS PAPERS. 385 invyeing the gentlemanis eftate and conditioun, hes begvn not onlie to queftioun the qualitie of his pedigrie, bot with that, thay haif iuditiallie challengeit youre maiefties approbatioun and atteftatioun grantit thair upoun, as teftifeing a fuppofed trewthe, and as purcheft furreptitiouflie frome youre maieftie ; and vpoun this pretext they intend to wrong the gentleman, and to bring youre maiefteis royall atteftatioun, whiche is aboue all exceptioun, in queftioun. Quhilk being a mater of fpeciall animad- verfioun, and toucheing youre maieftie verie neir in honnour and credite, yf youre royall feale fhall thus way be broght in queftioun, we haif pre- foomed to gif notice of the fame vnto youre maieftie, and, in all humilitie, to requeift youre maieftie to write to youre ambaffadour refident at Pareis, to attend this buffynes, and to compleane of the wrong done vnto youre maieftie by medling with the facred auctoritie of youre maiefteis feallis ; and for th[is] that he not onlie infift with the Franfhe king and his coun faill, to procure frome thame ane prohibitioun to the judgeis of the courte of aidis, befoir whome the gentilmanis proces is prefentlie agitat, to for- beare all forder medling in that mater, or quarrelling with the auctoritie of youre maiefteis feale, whilk, after dew tryale and cognitioun tane in the caus, wes trewlie, and of youre maiefteis certane knoulege, grantit, bot with that, that thay, nor no other iudgeis within the faid kingdome, prefoome to meddle in a mater of this qualitie heirefter. And fo, praying the Almightie God to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. A. Mar. Melros. George Hay. G. Murray. R. Cokburne. Edinburgh, 14 December 1620, To the King his moft facred and excellent Maieftie. 3 c 386 THE MELROS PAPERS. CCXXVI.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. " Most Sacred Souerane, Haueing, according to youre maiefteis directioun, of the nynt of Marche laft, verie cairfullie pervfed that fignatour of the burgh of Edinburgh, fend doun be youre maieftie to ws, anent the new worke of making of cloathis and ftuffis, intendit and begvn within the faid burgh ; and haueing, after diuers and findrie meetingis and conferenceis with the magiftratis of the faid burgh, difcuflit all the obiectionis and doubtis that wer proponned aganis the faid fignatour; in end, after mature aduife and deliberatioun, we caufit forme and draw vp a new fignatour, with fuche prouifionis, limitationis, and reftrictionis, as we thoght meete for the Aveele of the cuntrey, and that nane of youre maiefteis fubiectis fould be preiudgeit or excludit frome intending the lyke workis in other con uenient placeis outwith the liberties of the faid burgh. Quhilk fignatour, markit on the bak be the clerk of youre maiefteis counfell, Ave fend vp to youre maieftie in the moneth of Auguft laft, with oure lettre, beareing the forme of oure proceding in that buffynes, and quhat goode hoipis we had that this worke wald proue proffitable and honnourable to the cun trey. Bot the importance of youre maiefteis more weyghtie and princelie affairis intervening] in this meantyme, haueing withhaldin youre maieftie frome thinking vpoun that mater, and frome returning vnto ws youre maiefteis opinioun concerning the faid fignatour; and quhairas now the advancement and perfectioun of that worke, whilk youre maieftie hes fo eirniftie affectit thir mony yeiris bigane, dependis wholie vpoun that fignatour, we wilbe bauld, in all humilitie, to requeift youre maieftie outher to returne the fame vnder youre maiefteis hand, or then to latt avs kno[we] quhat defectis youre maieftie hes fund in the fame, that, after confidera tioun thairof, we may caus rectifie the fame accordinglie. This worke hes bene verie chairgea[ble] to the faid burgh, and thay haif maid grite preparatioun of buildingis, and all otheris thingis neceffair for advance- THE MELROS PAPERS. 387 ment of the fame; and yf now the progres thairof falbe interrupted or hinderit, thair is no appeirance that ever the faid burgh will fett it afute agane, bot that it will altogidder periflie, without ony hoip to be reftoirit or fett vp agane ; whilk remitting to youre maiefteis moft iuditious confi deratioun, and humelie praying God to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Melros. J. Erskyne. W. Oliphant. WlNTOUN. Lauderdaill. R. Cokburne. LOTHIANE. Carnegy. KlLSAYTH. G. Murray. George Hay. Edinburgh, 14 December 1620. To the King his moft facred and excellent Maieftie. CCXXV1I.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souebane, Youre maiefteis lettre of the xij of this inftant, by the quhilk, youre maieftie of new recommendit to youre counfell, the vrgeing of youre maiefteis firft directioun and demand, of a voluntair contributioun frome youre nobilitie and counfell, for defence of the Pallatinat, come heir the nyneteene at night, and wes prefentit this day to youre maiefteis counfell, of whome nane wer prefent bot the erll of Mar and laird of Marchinftoun, with youre maiefties ordinair officiaris, and thefe of the feffioun whofe placeis aftrictis thame to a daylie and ordinair attendance ; the haill rem anent of the counfell, in refpect of the approtcheing vacans, haueing, after 388 THE MELROS PAPERS. the diffolueing of the laite conuentioun of the nobilitie, reteirit home. Youre maiefteis lettre being red, and with mature and dew aduife confid- derit, we aggreit that, with all conuenient diligence, youre maiefteis haill counfaill and nobilitie fould be broght heir agane, and we haif appointit thair meeting, and hes writtin miffives vnto thame to be heir in this toun vpoun the xxiij and xxv dayis of Januair nixttocome, to witt, the counfel- louris vpoun the xxiij daye, and the nobilitie vpoun the xxv; at quhilk meeting all goode meanes and perfuafionis falbe vfed quhilkis may in duce firft youre maiefteis counfell to begin, and then the nobilitie to fol low, and to gif youre maieftie the beft and moft effectuall fatiffaction that poffiblie we may procure. And fo, praying God to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. Lauderdaill. Melros. R. Cokburne. George Hay. Carnegy. A. Mar. J. Erskyne. Edinburgh, the 21 day of December 1620. To the King his moft facred and excellent Maieftie. CCXXVIII.—EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, I haue, for obedience of your maiefties commandement, writin to all the noblemen who pretend intereft of oppofition to the Earle of THE MELROS PAPERS. 389 Niddifdails precedence, to be before the Counfell the ellevint of Januar, that I may there declare to them the true and iuft caufes of your maiefties refolution, to haue them to forbeare farder conteftation in that mater. I haue alfo fchowne to the Earle of Angus your maiefties pleafour in the controuerfie betuix the Marquis of Huntlie and him ; who anfuered, that he wes confident of the iuftice of your maiefties vnpartiall intentions to both parties in that queftion, and that his clame wes not for prece- dencie of rank before the marquis, wherin he wes to cede to the marquis, but that the firft vote in, parlement and publik conventions being granted by your maieftie and your royall progenitours to him and his predecef- fours, not as firft earles, but by particular prerogative and privilege, by autentik infeftments vnder the great feale of the kingdome, he hoped your maieftie would be gratiouflie pleafed to allow him to inioy the be- nefite therof. I defired him to fet downe in writ the grounds of his pre tentions to be offered to your maieftie by fome of his freindis at Court, vpon fight and due confideration wherof he might expect your maiefties iuft determination of the bufines, which he hes promifed to do. I deliuered your maiefties letter to the Proueft of Edinburgh, who im parted it to the counfell of the towne, and they haue promifed according to their bund dutie to obey. I haue alfo fent your maiefties other letter to the Archibifchop of Santandrois, who will vndoutedlie proceed as he is commanded. Your maiefties letter for the contribution being red to a verie vnfre- quent counfell, their anfuer to your maieftie will fchow, that they ar fpeede- lie to Avrite for all that ar of your maiefties counfell in this kingdome, to conveene heir the 23, and the reft of the nobilitie to keep the 25 of Jan uar. If any perfuafion could haue produced good hope of fucceffe for a competent contribution, it had beene granted at the laft meeting ; but it is ftill feared heir that difficulties fall be found in that proieet, and your maiefties laft letter declares your maiefties opinion, that the delay of the fupplie, Whill it maybe broght in by taxation to be granted by parlement, may be fo flow, as ineffeet it mayproue both vntimelie and vnprofitable. For remedie wherof, my humble opinion is, that if the fowme can be ob- 390 THE MELROS PAPERS. t aned in parlement correfpondent to the juftice and neceflitie of the moft important affaires for which it is craved, either the bourrowes, who ar the onlie men that hes money in this kingdome, may be dealt with to aduance the fowme, deduceing to them the anvelrent proportionable to their aduancement before the terme of the taxation, or fome particular men may be dealt with to aduance the money, with allowance for the an velrent, and affurance that the efcheates and lifrents of thofe who fall go to the home for vntimelie payment, fall be freelie difponed to them. God is my witnes, that this motion proceedis of the true defire I haue to fie the fubftance of your maiefties intention moft really fatiffied, and not being imparted by me to anie creature leiving, can do no harme, if your maief tie judge it vnwourthie to be publifhed. And what ever courfe fall feeme beft to your maiefties incomparable wifdome, none of your beft affected feruants, how far foeuer they exceed me in meanes of perfuafion, fall furpaffe the loyaltie of the indeuours of my bodie and mind to procure the beft effects of your royall defires theirin. So, prayeing God to prof- per your maiefties interprifes, and preferue your health and facred per fone and pofteritie in all profperitie als manie happie yeeres and ages as humane condicion can admit, I reft Your moft facred Maiefties moft humble and faithfull feruant and fubiect, Melros. Edinburgh, 22 Dec. [1620?] [To the Kings moft facred Maieftie.] THE MELROS PAPERS. 391 CCXXIX EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, The nobilitie and counfell being conueened in this towne, as they wer appointed, vpon the 25 of this moneth, they fpent that day and the nixt, in deliberation vpon the beft meanes to giue humble and effec tual fatiffaction to your maieftie, in your defire of their fupplie to the de- fenfe of the Palitinat, the natiue patrimonie of your maiefties grand child ren, and finding findrie things neceffarie to be proponed to your royall confideration, which they thoght could not fo conuenientlie be reprefent- ed by letter, as by more ample relation of one of their nomber, the Archbifchop of Santandrois being verie inftantlie requefted by them all to vndertake that charge, which he could not well decline, hes refolued not to loofe any time, but hes alreadie begun his journay towards court, leaft delay might haue procured your maiefties offenfe, and hinderance to that important and moft neceffarie bufineffe, which all good fubiects do zealouflie affect. No thing will hinder the hafte of his paffage, vn- les the extremitie of euill weather, or feekneffe, difable him to end it fo fpeedelie as he earneftlie intends. If your maieftie be graciouflie pleafed to fufpend your refolution till his coming to court, your maieftie may be affured that he will either propone the meanes which your maieftie will approuue, or, if any other courfe be vnalterablie determined by your maieftie, at his returne, your maiefties pleafour being fignified to the no bilitie and counfell, I verelie hope it fall be obeyed to the vttermoft of their abilities, which I humblie remit to your gracious confideration. And earneftlie praying God long to preferue your maiefties life, health, 392 THE MELROS PAPERS. and profperitie, which affure the accomplifhment of all the wifhes of your fubiects for their perfite wealth and peace, I reft Your moft facred Maiefties moft humble, faithfull, and euir bund feruant and fubiect, Melros. Edinburgh, 29 Januar [1621?] ccxxx the lords of privy council to king james vi. Most Sacred Souerane, Vpoun knowledge of youre maiefteis will and pleafour, for con vening of the efteatis of the kingdome in parliament, and after dew con fideratioun had of the convenience of the tyme, alfweele, for the weele and eafe of the fubiectis, as for the more folemne and frequent meeting of the efteatis, we haif maid choife of the firft of Junij now approtching, and caufit proclame the parliament to that day. The reffonis for the choife of this dyet, being groundit vpoun fuche refpectis, as we could not goodelie prevent that day, becaus the ordour of the parliament not onlie requiris a laughfull intimatioun at the mercatt croce of Edinburgh, and otheris placeis neidfull, vpoun fourtie dayis wairning, bot lykewayes pre- ceptis frome youre maiefties chancellarie, and miffiues frome youre counfell to the haill efteatis, muft be directit and delyuerit; the difpatche quhairof will require lairge tyme. And nixt, nomberis of youre maiefteis fubiectis, efpeciallie the nobilitie and baronis, ar vnder fo grite burdyne of debt to be payit at the approtcheing terme of Witfonday, the outred quhairof importis thame verie neirlie in thair credite and Handing, as nouther may thay neglect nor flip that terme, nor can thay convenienthe keepe ane other dyet afoir the fame aboute the end of Aprile, becaus that vvald draw a double trouble vpoun thame, and mak thame fubiect to tua THE MELROS PAPERS. 393 dyetis, quhairby it wes to be feared, that mony forced by the neceffitie of thair hard efteatis, wald choofe rather to haif incurred the danger of the vnlaw of parliament, nor to neglect the terme. And forder, the fubiect quhairin the efteatis ar to gif vnto youre maieftie fatiffactioun is alreddy fo weele knowne vnto thame, that, in oure opinionis, the terme of Mar- tymes nixt, falbe defignit for that purpois, quhilk may als conuenientlie be done in Junij, as yf the parliament had bene foner indicted, fua that the precipitatioun of the dyet of the parliament, could nowayes forder nor advance the earand, bot procure trouble and vexatioun to the fubiectis : the confideratioun quhairof moued ws to mak choife of this day as the moft fitte and proper tyme, being after the terme quhen euery manis buffynes wilbe difpatcheit, and quhen the efteatis may at laifer attend. And we humelie befeeche your maieftie, to vouchfaif youre gratious al lowance and approbatioun to this oure refolutioun for the dyet of the par liament, quhairin we had no other refpect bot to procure vnto your ma ieftie all wifhed contentment, with als litle trouble to the fubiectis as poffiblie may be; and fo, praying the Almightie God to watche ouer youre facred perfone, and to grant vnto youre maieftie mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. J. Erskine. A. Mar. W. Oliphant. Wintoun. G. Murray. Melros. R. Cokburne. Lauderdaill. Edinburgh, octauo Martij 1621. To the King his moft facred and excellent Maieftie. 3 D 394 THE MELROS PAPERS. CCXXXI.—EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, The Lords Chancelar, Thefaurar, and I, according to the com mandment of your maiefties letter to ws, met with the Lord Archbifchop of Santandrois, and aduifed vpon the maters mentioned in the letter, and others related by him to ws, by your maiefties direction, and agried in vniforme opinion, that we could no way prefume to nominat a commif- fioner to your maieftie, your owne experience and knowledge of the noble- mens fufficiencie and difpofition, and your incomparable wifdome, being onlie able to make the fitteft choice. So that we can meddle no farder in that point, but humblie to pray your maieftie to confider that the per- fon to be trufted with that weightie charge, muft, in the honorable exer- cife therof, be forced to be at great expenfes, and fo will need fome releif from your royall bontie. Anent the fowme of the contribution, we could proceed no furder, but to conclude that we muft all ftudie to extend it, to the greateft quantitie, that the cuntrie can beare, and for that pourpofe, to prepare all with whom we can haue opportunitie to confer, before the parlement, to yeeld to the hieft rate, and to perfuade others to do the like, and to forefie the beft reafons and meanes that may induce eurie eftate to a verie large contribution, according to our affured good hopes. We reafoned vpon the forme of the impoiition, and of the maner of payment therof, not forgetting the large help which may be exacted of the welthier fort, which heretofore haue been frie of all taxations, they neither being churchemen, landedmen, nor burgeffes ; neither could it be well feen how they might be broght vnder the neceffitie of contribution. Forremouing this dowt, I proponed that the ordinar taxation being granted in large quantitie, might be im- pofed vpon the eftates in the accuftomed maner, and an act of parle ment obteaned, ordaning, that the wealthie anvelrentars fould contri- THE MELROS PAPERS. 395 bute to the fupplie of your maiefties moft important and neceffarie prefent affaires, for which effect commiflion fould be giuen to a felected nomber, to call and taxe them to a reafonable proportion of fubfidie, according to their ftock and rent, and to fummond them by open proclamation to com peir at a certane day, to giue vp a true declaration of the fowmes, for which they receiued anvelrent, by infeftment, band, or other fecuritie whatfo- euer, and if need wer, vpon deniall to put them o oath, or to proue aganis them by writ ; with certification, that all the fowmes concealed by them fould be confifcat to your maieftie, wheneuer they fould be difco- uered, and if the dettour would dilate them, he fould be frie of the thrid of his debt for his panes, he payand to your maieftie the two part thair of, which the lords confented to ; and if this courfe receiue your maiefties approbation, it fall be proponed and carefullie prefented. It wes thoght be ws, that your maiefties difcharge of bypaft contrauen- tions of the penall ftatutes, will greatlie encourage the people, now Hand ing in feare of vexation, by reports of fome mens intentions to beg war- rands to trouble the fubiects by fuch perfutes, to grant the more willing- lie to a large taxation, and that much more may be expected if it fall be allowed to come in at findrie termes, nor if it fall be preaffed to be payed all at one dyet. My Lord of Santandrois tolde me, that your maieftie had directed him to command me to fend vp a warrand for appointing a commiffioner, which I fent heirwith ; and that I fould alfo fend the frame of a letter to be directed to the eftates, which I haue likewayes obeyed, but with juft feare that the prolixitie may offend your maieftie, and that more fall be found in it to deleet or alter, nor to be allowed. But I ftill hope that your maiefties accuftomed grace and bontie to me fall procure my faith- full obedience to be accepted for facrifice ; and thank God that I haue a royall maifter, excellent aboue all others, in well doing, fpeaking and writing, to pardon, couer and amend my defects ; and as in France their king is compted the firft fecretarie of eftate, and hes affigned to him (as they terme it) la premiere bourfe of their fies, fo I am affured, that when all the beft fecretaries of the world fall be conveened, they will be found inferiour to your maieftie in the fkill of their owne profeffion, and I being 396 THE MELROS PAPERS. one of the moft incapable, muft regrate and excufe my errours with the miffortune of wanting the happines of your maiefties particular directions, and ftill haue recourfe to your maiefties gracious and benigne conftruc- tion, which, with innumerable other benefites and fauours, fall make me inceffantlie to befeech God to continow his bleffings to your maiefties fubiects by your long and happie life, and euer to comfort and ftrenthen your royall mynde with the profperous fucceffe of your princelie interprifes, and accomplifhment of your defires. Edinburgh, 29 Merch [1621 ?] Your Maiefties moft humble, faithfull, and eternally bound feruant, Melros. To the Kings moft facred Maieftie. CCXXXII — THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, The comptis of your maiefteis thefaurarie and comptrollaTie being latelie maid in your maiefteis exchequer, and verie narrowlie ex amined and remarkit, be thofe who wer truifted with the buffynes, it is cleir- lie fundin that your maiefteis cafualtyis and rentis ar verie far diminifheit, and come fhorte of that quhairunto thay amounted in the preceding comptis, the occafioun quhairof hes proceidit pairtlie frome the decay of the trade and handling, quhilk is wounderfullie fallin of, in all the pairtis of this kingdome, and pairtlie frome the fmall pryceis that the victuaill pre- fentlie gevis. And althoght your maiefteis thefaurair and deputie the- faurair, with the concurrence of the commiffionaris of your maiefteis rentis, hes beene verie folift, cairfull, and diligent to fupplie and fett vp this de fect and diminutioun in your maiefties rentis, by findrie meanes and wayis, THE MELROS PAPERS. 397 quhilkis thay haif cairfullie followit oute to that effect, yitt thay can not bring your maiefteis rentis, and the burdynis lyand and daylie increfeing vpoun the officeis, to ane equall proportioun ; with the particularis quhair of we being loathe to impafhe youre maieftie, and yo ure deputie thefau- rair being defyrous to gif ane accompt thairof to youre maieftie him felff, we haif allowed of his goode intentioun in this pointe, and wilbe bauld humelie to intreate your maieftie, that quhen he comes thair, youre ma ieftie wilbe pleafit to grant him fauourable acceffe to youre royall pre fence and benigne audience, to relate vnto youre maieftie fuche particu laris, as he hes to propone for the advancement of the feruice, with fuche laughfull furtherance and affiftance as may in able him to difcharge the fame to your maiefteis honnour and contentment of the fubiectis. And fo, praying the Almightie God to preferue your maieftie in helthe, and to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefties moft humble and obedient fubiectis and feruitouris, Al. Cancells. George Hay. Melros. W. Oliphant. Kilsayth. J. Hamilton. Edinburgh, 29 Merche 1621. To the King his moft facred and excellent Maieftie. CCXXXIII— EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, My iuft greif for my errour in the narratiue of the letter to the parlement, forces me to importune your maieftie with my moft humble 398 THE MELROS PAPERS. fute for pardon, and for your maiefties gracious permiffion to adde this true excufe, that not hauing direction or warrand from your maieftie to enterteane correfpondence with anie ftrenger, I haue carefullie forborne to do it by wourd or writ; neither haue I knowne from court, either by particular letters to my felf, or by anie wretin to the counfell heir, anie certanetie of the eftate of the affaires of the Palatinat or Boheme; and fo wes forced to follow the incertantie of popular reports. I fubmiflie befeech your maieftie to be gracioufly pleafed, at all efter following oc- cafions, to make me happie by more particular direction of your moft ex cellent wifdome, which I fall follow as the infallible reule of dutie. As to the contribution, wherof your maieftie commands me to haue care, all the nobilitie and counfell ar witneffis of my zeale expreffed in that mater at both conuentions, by fuch reafons and exemples, as bind me to continow and to adde all furder perfuafions which my weake iudge ment, reading, or experience can furnifh. And the innumerable graces receiued from your maieftie fall make me inceffantlie to befeech God to perpetuat to your maieftie, and your royall pofteritie, the perfection of all happineffe in heauen and earth, and to remane Your Maiefties moft faithfullie humble and obedient fubiect and feruant, Melros. Edinburgh, 28 April [1621?] To the Kings moft facred Maieftie. CCXXXIV THE EARL OF MELROS TO JOHN MURRAY. Sir, Yesternight I receiued by packet of the tuentie, your two let ters of the 17, and haue, as ye aduifed me, wreten to yow this other THE MELROS PAPERS. 399 letter, to be fhowne to his maieftie when ye find opportunitie. The counfell is to conveene vpon the fourt of June, at which time I fall pre- fente your roll, and fettle that turne conforme to your direction, in the beft fort I can. Your bufines with Waughton delayes by Sir James Bailies default, who receiued from Mr Francis Hay the contract fifteen dayes ago, and ftill reteanes it; fo, till his returne to this towne, nothing can be done therin. I wrote to yow before of the conference I had with my lord Stormont, wherby I fie no appearance of farder progreffe in thefe affaires, vnles he change his mind. In the meantime, things may reft as they ar ; and whill ye fie fome better refolution in him, ye may forbeare to furnifh moneyes for the vfe proponed by him, pretending iuftlie the greater ne ceffitie of the releif of debts vndertaken for your bargane of Tunigham. I deliuered your letters to James Hamilton, who wes returned before they came to my hands. I am glade ye haue fetled with the earle of Niddifdaill. In your queftion of nighbourheid, I fall do the beft offices I can for fetling it, if thefe for the other partie pleafe to proceed vpon the grounds intended by yow, which I fcarcelie expect, and feare he leane too much to the opinion of his right and power of his freinds heir ; but if it turne to that, I am confident that many whom ye haue oblifhed, will proue honeft and thankfull men in all lawfull dutie. It fall be aganis my will, it go to that triall, vnles their ftrictneffe force it. So, wifhing yow all happineffe, I reft Your faithfull and euer obedient freind, Melros. Edinburgh, 28 May [1621 ?] To the right worfhipfull John Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. 400 THE MELROS PAPERS. CCXXXV.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, We reffaued youre maiefteis lettre of the fecund of May laft, by the quhilk, it hes pleafit your maieftie, to recommend vnto ws the confidera tioun of that petitioun, exhibite vnto your maieftie on the behalf of Ludo- uik Steuart, brother to the Lord of Blantyre, anent the erecting and fitting vp of beaconis vpoun the fhallow pairtis and blind craigis, within the river of Forthe, and it wes your maiefteis pleafour, that we fould returne vnto your maieftie, oure opinioun anent the expediencie of the granting of that petitioun, in the quhilk point, as with all dew refpect, we acknowledge youre maiefteis moft fingulair and prudent directioun, and youre excellent foirfight and wifdome, in foirbeareing to gif way to petitionis of this kynd, till firft youre maieftie be trewlie informed of the nature and qualitie of the fame. So anent this particulair, the trewthe is, that in this laite vn- feafonable and tempeftuous winter, fome ftrangearis fchippis being brokin and caffin away vpoun the faidis blind craigis, fir George Bruce, oute of his honneft refpect to the credite of the cuntrey, maid a motioun vnto ws, for fetting vp of beaconis vpoun the faidis blind craigis, and he vnder- tooke the doing thairof, vpoun a verie fmall dewtie to be payit be euerie ftrangear fhip pafling vp the firthe for ane yeir ; bot the gentlemen awnaris of the coilheuchis vpoun the revair of Forthe, whome this mater chieflie concernis, inrefpect no ftrangearis fhippis comis that way bot outher for coill or fait, apprehending, with verie goode reffoun, that the payment of this dewtie wald carye with it a verie grite reproitche and fcandall to the cuntrey, as yf fuche a fmall peece of Avorke in the moft eminent river of the kingdome, could not be gottin done without the contributioun and help of ftrangearis, thay thairf'oir haif vndertane, freelie and vpoun thair awne chargeis, to fett vp the faidis beaconis, betuix and this approtcheing THE MELROS PAPERS. 401 Lambmes, fo that now thair is no neceffitie, that ony otheris falbe fett on worke that way; and yf the lyke of this occafioun fhall fall oute in ony other river of this kingdome, vpoun knowledge to be gevin thairof vnto ws, we fhall tak fuche courfe and ordour thairanent, as fhall beft ftand with the credite of the cuntrey and faulftie of fhippis arryveing in the faidis riveris. And fo, continewing oure eirnift and vnceffant prayeris vnto God for your maiefteis long, happie, and bliffed reigne, we reft Youre Maiefties moft humble and obedient fubiectis and feruitouris, Al. Cancells. Dunblane. A. Mar. R. Cokburne. Melros. J. Cokburne. Edinburgh, the fyft of Junij 1621. To the King his moft facred and excellent Maieftie. CCXXXVI THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Thair hes beene tua remiffionis figned be youre maieftie laitlie, prefented to be exped be ws, the one in fauouris of Sir James M'Donald, 3 E 402 THE MELROS PAPERS. and a nomber of his compliceis, for the flaughter of M'Clane, for breking of warde oute of the caftell of Edinburgh, for furprifing of the cafteh1 of Dunnyvaig, for fyre raifing, and all otheris crymes committit be thame ; and the other in fauouris of M'Rannald, and certane his compliceis, for con voying of the faid Sir James M'Donald oute of the caftell of Edinburgh, for fyre raifing at the caftell of Dunnyvaig, flaughter of the conftable thairof, and for all otheris crymes and offenffes commitit be thame : And althoght we acknowlege youre maiefteis royall power, and youre moft gratious and clement difpofitioun, to extend youre fauour and mercie to fuche of youre maiefties fubiectis as hes offendit, yitt the trufte whilk youre maieftie hes repoifit of youre affairis in ws, obliffes ws in dewitie to prefent vnto youre maiefties confideratioun, oure humble opinionis concerning thir remiflionis ; for in materis of this kynd, importing the quyet of the ftate, and concern ing chiftanis of clannis in the Heighlandis and His, who hes grite depend- ance, and ar followit be mony perfonis wickedlie and evil difpoifit, youre maieftie hes beene pleafit that goode fuirtie be fundin for youre maiefties peace, and for thair futur obedience to law and juftice, in whilk pointe thair hes no fuche offer beene maid be thir perfonis. And howeuer we perfuade oure felffis, that it is not youre maiefties meaneing that thay fall returne within this kingdome, yitt it is expedient, for preuenting of all occafionis that may fall oute, that thay fall find fuirtie for the peace, for thay and thair friendis, who now lurkis and ar quyet, and who, without doubt, will ryfe and joyne with thame, yf thay fal happin to returne, hes fo far medlit with the lyves and bloode of nomberis of youre maiefteis fub iectis, that it may be certanelie expectit, mutuall revengeis wilbe huntit for on ather fyde, quhairupoun fuche difordour and confufioun will fall oute in the His, as will require grite panes, chargeis, and expenffes to pacifie the fame. The confideratioun quairof hes moued ws to continew the expeiding of thir remiflionis, till we vnderftand forder of youre maiefteis pleafour thairanent; and we will humelie befeeke youre maieftie to vouchaif youre gratious acceptance and fauourable conftructioun of this oure humble opinioun, quhairin we haif no other refpect bot youre maiefteis obedience and the peace of the cuntrey. And fo, praying the Almightie THE MELROS PAPERS. 403 God to protect youre royall perfone, and to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. A. Mar. Melros. George Hay. W. Oliphant. G. Murray. Kilsayth. J. Hamilton. Edinburgh, 7 Junij 1621. To the King his moft facred and excellent Maieftie. CCXXXVII.— EARL OF MELROS TO KING JAMES VI. Most Sacred Soueraigne, According to the commandment of your maiefties letter, I wrote for the principall gentlemen of the earle of Homes name to come to this towne, to know by me, your maiefties pleafour in maters concerning the earle and his houfe; whervpon the lairds of Wedderburne, Aytoun, Blacader, Poluart, Manderfton, Hutonhall, and Northberuik, came, to whome I related the finifhing of the earles mariage, before they could be aduertifed, proceeded of your maiefties earnift defire to haue it done (as a mater greatlie importing the young noblemans good) before the vicount Falkland fould go to Ireland, and therefore wifhed them not to miftake it, but think of it, as a mater procured by your maieftie for the parties good, of whom, and all his affaires, your maieftie intended to take a gra- 404 THE MELROS PAPERS. cious care. I fhew alfo your maiefties expreffe will that they fould keepe dutie to the earle, and be inftruments of peace and loue betuix him and his ladie, which they all heartelie promifed, refting fatiffied with what wes done, fince it proceeded from your maiefties good pleafour, whofe gra cious refpect to that ancient houfe wes notour to them all. They defired that, in other maters of importance concerning the earle, the counteffe his mother might make her intentions and courfes knowne to them, and heare and refpect their faithfull aduice therin, which, if fcho neglected, they could haue no contentment to mell in the bufines. I promifed to propone their defire and obteane their fatiffaction, and fo difmiffed them with contentment, ioyning with me in prayers to God for your maiefties long and happie life. I reft Your Maiefties moft humble, faithful, and bund fubiect and feruant, Melros. Edinburgh, 14 June [1621 ?] To the Kings moft facred Maieftie. ZZ CCX XXVIII.— EARL OF MELROS TO JOHN MURRAY. Sir, I haue been foght be the laird of Bas and his mother, to deale with them at this terme for fome Lammermure rowmes of fmall availl, which he held of me, and hearing that others were of intention to haue blocked, for whom the rowmes were not fo neceffarie as for me, who haue no vther ftore rowmes for fheep to the vfe of my houfe, when I dwell in the Byres, I accepted of their offer, and haue payed to them one and THE MELROS PAPERS. 405 tuentie thoufand merkis. They haue yet reteaned vndifponed ane rowme halden of me, for which they are bound to pay yeerlie aucht chalders victuall, which is very neere the vtter availl of that land, albeit I offered to haue giuen them any fmall price it could haue beene tryed more worth nor the fewferme ; but they giue owt that they will fell no more. In the meantime, I will affure yow, that one of their neereft and beft freinds hes told me, that he perfitlie knowes, that if they fell als much land as may pay their debt, they will haue litle or nothing behind to themfelues, and ere ane yeare be at ane end, they will either fell the moft part of that eftate, or it will be comprifed from them. Therfore, if yee haue a mind to deale, prepaire moneyes fo foone as ye can, for their neceffities will force them to do that which in vaine they ftriue to efhew. I neede not to feek thankis from yow for forbearing to mell in their barganes, becaufe I am vnable for want of moneyes, but I will pray yow to beleeue, that albeit I had more nor their valiant, I wald not giue them fyve fhillings, if I knew that ye intended to bargaine with them, except for the rowme of Grange- mure halden of me, the price wherof will not exceed the worth of my few- fermes in two or thrie thoufand merkis. If ye deale with them, the great eft difficultie will arrife from inhibitions ferued aganis them, for fome haue alreadie begun, and it is to be feared that their exemple may moue others to do the like. Whateuer ye fall with me to do for help of your intentions in this bufines, vpon aduertifement fall be hairtelie be per formed by Your moft affectionat and bund freind, Melros. Edinburgh, 19 June [1621?] To the right worfhipfull John Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. 406 THE MELROS PAPERS. ccxxxix— the lords of privy council to king james vi. Most Sacred Souerane, Thair hes beene a petitioun preferrit vnto ws, in name of youre maiefties goode fubiectis, the marcheantis of this kingdome, who tradis and trafficquis in France, proporting, that quhairas thay, for the better intertenying of thair trade in that kingdome, haveing ever beene in vfe to haif thair factouris lyand at Pareis, Rowane, Deip, Newheavin, and Burdeaulx, and fuche otheris townis and pairtis in France, quhair the intercourfe cf thair commodityis wes moft frequent and commoun, and that thir factouris haueing the charge and trufte of thair whole goodis, and of the wairing and returning of the fame, and of the paying and reffaueing of thair debtis, and fome of thame, haueing thair whole ftokkis lyand in thair factouris handis: That now, vpoun occafioun of thir troublis in France, quhairwith thefe of the religioun ar cheiflie threatned, thair faidis factouris doe not onlie vnderly the commoun dangeir and calamitie with the reft of thair religioun, bot with that the goodis of thir petitionaris, quhairof thair faidis factouris hes the charge and trufte, ar lyke to be expoifed to the difcretioun of the merciles fouldiour, quhair- throw, nomberis of youre maiefties goode fubiectis wilbe ouerthrowne and wrakit, vnles your facred maieftie, oute of youre accuftomat princelie and tender regaird of thair diftreffes, prouide remeid. And thairfoir, thair humble petitioun vnto ws, wes, that we wald recommend thame vnto youre facred maieftie, and, on thair behalffis, be humble intercefforis vnto youre maieftie, that youre maieftie wald be gratiouflie pleafit to write in thair fauouris to the Franfhe king; as youre maieftie hes alreddie done, in fauouris of the Inglifhe marcheantis and thair factouris; that thay and thair factouris may peceablie vfe thair trade within the faid king- dome; that thay may call for thair debtis be ordour of law, and that thay be not troublit in thair confcienceis, perfonis, or goodis, be vertew of ony edictis maid, or to be maid, for makcris of religioun, or ony thing THE MELROS PAPERS. 407 depending thairupoun; and that thair armour quhairof thay ar alreddie fpoylled may be redelyuerit vnto thame. This being the effect and fub ftance of thair petitioun, w* humelie prefent the fame to youre maiefties princelie confideratioun ; and we will craue permiffioun humelie to befeeke youre maieftie, to gif vnto thame fome fatiffactioun in this point, after fuche a forme and maner as youre maieftie, in the excellencie of youre incomparable wifdome, fall holde fitting, by whilk doing, youre maieftie will prevent the appeiring ouerthrowe of a nomber of honneft famileis, whofe whole eftate and ftok is lyand in France, and thay wilbe ftoirit vp, in a moft chriftiane and holie difpofitioun, to be fo mutche the more fer- uent, according to thair bundin dewitie, to concur and continew with ws in thair vnceffant prayeris vnto God for youre maiefties lang, bliffed, and happie reigne. Frome Edinburgh, the xxi day of Junij 1621. Youre Maiefties moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Lauderdaill. Melros. George Hay. Lothiane. W. Oliphant. Carnegy. R. Cokburne. Kilsayth. To the King his moft facred and excellent Maieftie. ccxl.—the lords of privy council to king james vi. Most Sacred Souerane, We reffaued youre maiefteis lettre of the xxv of May laft, by the quhilk, it appeiris youre maieftie hes tane fome offens, becaus youre ma ieftie wes not acquentit be ws with the rebellioun of the Erie of Caithnes, 408 THE MELROS PAPERS. and with the difordouris of the cuntrie of Caithnes, quhilk, as youre maieftie is informed, is now become als barbarous as the moft remote pairtis of the Heighlandis or His; and thairfoir it is youre maiefteis pleafour that we fall expeid a commiffioun to Sir Robert Gordoun for perfute of the faid erle and taking of his houffe, and that we fall tak ordour that euerie landit man in the cuntrie of Caithnes, fall, anes or twyfe yeirlie, gif thair perfonall compeirance befoir ws, as the chiftaneis of the His dois, to anfuer to fuche complaintis as fall be maid aganis thame: and laft, that the gift of the faid erle, his efcheate and lyverent, falbe difponit gratis to fuche a perfone, as the bifchop his com- miffair and minifteris fall nominat, for thair vfe and behoofe. In quhilkis particularis, we will humelie crave youre maiefteis permiffioun firft to cleir oure felffis of thefe pointis, quhairof youre maieftie feames to tak offens aganis ws, and then to prefent vnto youre maieftie oure opinioun concern ing the other pointis of youre maiefteis lettre. And firft, for not acquenting your maieftie with the erlis rebellioun, and with the difordouris of the cuntrey, we haif not hard of ony publict or avowed rebellioun profeft be him, whairupoun thair wes ony appeir- ance of trouble or vnquietnes lyke to follow. He is diuers tymes at the horne for ciuile cauffes, bot he hes had fuche a doing with his creditouris, of feeding thame with hoipis and expectatioun of payment, that thay haif beene verie oft petitionaris and fuitaris vnto ws, for protections and con- tinewationis vnto him, and thay can not, nor will not, complene of want of juftice, bot thay haif bene afliftitwith all fuche executioun, reall and per fonall, as is ordinair in civile hoirnings: and towcheing that criminall hoirning obiectat aganis him at the commiffaris inftance, for the flaughter of his brother, thair wes litle or no intimationis maid thairof to ws, afoir the refett of this youre maiefties lettre. The pairtie hes had the lawis patent vnto him, and in the profequution thairof, wes never denyit of ony thing, that the courfe of juftice in fuche a caife wald allow. And for the difordouris of the cuntrie, and aftricting of the landit men thairof to thair perfonall compeirance yeirlie befoir the counfaill, we may confidentlie fay vnto your maieftie, that we haif hard als few complaintis or difordouris in that cuntrie as in ony other pairt of the incuntrie, for THE MELROS PAPERS. 409 your maiefties fubiectis who tradis and trafficquis thair, hes the exercife of thair trade and handling, in als grite fredome and fecuritie thair, as ony quhair els; and the landit men of the cuntrie ar ciuile, peceable, and an fuerable gentilmen, levis vnder the obedience of your maieftie and your lawis, and followis thair actionis, quhen thay ony haif, be the ordinair courfe of iuftice. Sua, that, in oure opinionis, (faulffing youre maiefteis more excellend iudgement, quhairunto we fubmitt oure felffis,) it is not expedient that thay who ar, and euer hes bene, in the rank and qualitie of anfuerable gentlemen, falbe tyed to the neceffitie of perfonall compeirance yeirlie, or that thay falbe ftraitit with thofe conditionis, quhairwith the cheftanis of the ilis, quho euer hes bene difobedient and vnanfuerable, ar burdynnit. And towcheing the commiffioun commandit to be exped to Sir Robert Gordoun, we fend for him, and impairted vnto him youre maiefteis direc tioun in that pointe. The gentilman feamed verie willing to vndirgo, quhatfomeuir burdynis or feruices your maieftie wald impoife vpoun him, and thairin to hafaird, not onlie his awne efteate and fortoun, bot the lyves and fortonis of his freindis and followaris : bot anent the executioun of the commiffioun in that fubftantious forme and maner, as Aves requifite for youre maiefteis honnour, and his awne credite, he proponned fome difficultyis and doubtis, as namelie, yf the erle fould flee to ony houffes or ftrenthis, quhairof he hes three verie ftrong, in quhat forme and maner fould the houffes be perfewit, feing thay wer not able to be recouerit without the cannoun ; and quhen, as we wer reafouning vpoun this dif- ficultie, after that Sir Robert wes remoued, thair fell oute another quef tioun at the Counfaill table, anent the trouble that might aryfe, vpoun the executioun of this commiffioun in the perfone of the faid Sir Robert, in refpect of the mony eleiftis, difcontentmentis, and j arris", ftanding betuix the houffes of Suthirland, Strathnaver, and Caithnes ; and yf the pouer and forceis of Suthirland and Strathnaver fould come in Caithnes, vnder the charge of the faid Sir Robert, who now, in the minoritie of the Erie of Suthirland, reprefentis the head of that houfe, it is to be feared, that mony occafionis wald occur betwix thame and the cuntrey people of 3 F 410 THE MELROS PAPERS. Caithnes, quhilkis wald procure grite difordour and trouble; and thairfoir it wes proponned, as ane expedient for efhewing of all fuche appeirand difor dour and trouble, that the Lord Gordoun, who is ane neutrall and indif ferent nobleman, and quhofe authoritie and prefence wald do mutche in thefe cuntreyis, fould be adioynit vnto Sir Robert in this commiffioun : quhairanent Sir Robertis awne opinioun being craued, he verie hair- telie and willinglie imbraced the ouertour, promiffing to joyne and con cur with the Lord Gordoun with his haill pouer, freindfhip, and forceis in that feruice. And the mater being proponned to the Lord Gordoun, he verie wyflie, and with reffoun, anfuerit, that he wald not intruft him- felf in youre maiefteis feruice, without your maiefties allowance and fpe- ciall directioun; promiffing neuirtheles, to vndirgo quhatfomeuir youre maieftie falbe pleafit to injoyne vnto him, in this or ony other thing els. And towcheing the efcheate and lyfrent of the faid Erll of Caithnes, that is all quhairupoun his creditouris and cautionaris, who ar mony, and youre maiefteis goode and faithfull fubiectis, hes buildit thair hoipis of payment, and without the quhilk, thair is no poffibillitie of releiff or pay ment. Thay ar a nomber of honneft men, and fome of thame hes thair whole efteate and fortonis in the erllis handis; and yf otheris, whofe en- tres is litill or no thing, falbe preferrit to thame in this point, thay and thair famileis wilbe vndone. Thay advanceit thair moneyis quhen the erle wes ane free and laughfull fubiect, thay haif not bene accefforie to his mifdeidis, nor hes not offendit agane your maiefties lawis ; and thair foir we will humelie intreate your maieftie in thair fauour, that thay may be preferrit to the efcheit and lyfrent, without the whilk thay ar vndone. In the otheris pointis anent the commiffioun, and the perfonall com peirance of the landit men of Caithnes yeirlie, we humelie befeeke your maieftie to accept in goode pairt oure opinionis thairanent, quhairin we ar free of all priuat refpectis, and hes no thing befoir oure eyis bot your maiefties honnour, the peace of the cuntrey, and furtherance of your ma iefteis feruice, and that youre maieftie wilbe pleafit to latt ws knowe your awne pleafour, bothe anent the adjoneing of the Lord Gordoun to this commiffioun, and quhat courfe falbe followit oute aganis the faid erle, yf THE MELROS PAPERS. 411 his houffes falbe keept, quhilk we looke not for. And fo, with oure hum ble and eirnift prayeris vnto God for your lang and happie reigne, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Lauderdaill. A. Mar. Roxburghe. WlNTOUN. J. ERSKYNE. Wigtoun. R. Cokburne. Melros. Edinburgh, 28 Junij 1621. To the King his moft excellent and facred Maieftie. CCXLI.—EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, Necessare duetie commandis me to giue your maieftie aduertife- ment, of the proceeding of matters concerning your maiefties parlement of this your natiue kingdome, and my exercife therein refuting me leafure to doe it orderlie, forces me to beg your maiefties gratious pardon, rather to doe it in rude forme and ftile, nor, by curiofitie of thofe, to neglect any pointe of fubftance. The marquis of Hamilton, your maiefties com- miffionare, came to Edinburgh vpon the 18th of this moneth, and met no fooner fome noblemen and barons vpon his way, but, after interchanged courtefies, he begane to require their affiftance in his charge of your ma iefties fervice. The nixt day he conferred with the deane of Winchefter and archbifhope of St Androis, of church matters and others, concerning 412 THE MELROS PAPERS. your royall directions in parlement, and then mett with fome few of your moft trufted officers and counfelloris ; and leaft the reft of the counfell and nobilitie fhould fufpeet that conclufions wer made by a few nomber, and they neglected, he convened them all vpon Satirday, and by their advife, refolued vpon the time of fenfing the parlement day, of the ryding of the eftates, and courfe to be kepte for preventing contentions, trouble, or diforders. Vpon Sonday in the afternoone, and Monday, he continued his dealing with particulare men of evrie eftate, and fpeciallie the noble men, whofe favour he preaffed to conciliate be hartie converfation and feafting. But hearing vpon Monday afternoone, that a madd minifter of Merton, called Simpfon, had made a foolifhe and malitious fermon in the Grayfreir churche of this towne, vpon Sonday in the afternoone, and that Maifter Andro Duncane, fometime minifter of Craill, and for fundrie contempts done to the biftiopes now depriued, had given to the clarke of regifter a fupplication to haue beene prefented to the parlement, impugning in effect the Articles of the Affemblie of Perth, whome two minifters, the archbifhope of St Androis and I, caufed be apprehendit by the captane of the gaird, your maiefties commiffionare did prefentlie convene the counfell, where they werr accufed, and, vpon notorietie of their offences, wer prefentlie fent prifoners to the caftle of Dumbarten; and vpon knowledge that the commiffionares of the burrowes had affem- bled themfelues for affaires concerning their eftate, and that fome nyne or ten minifters had importunelie obteaned entrie and audience of them, and exhorted them not to allow in parlement the Articles of Perth, offer ing to reade and deliuer to them their fupplication and proteftation, like to that other given by Mr Andro Duncan to the clarke of regifter, your maiefties commiffionare, by advife of the counfell, ordained a pro clamation to be made, declaring, that vpon knowledge had of the fedi- tious behauiour of fome minifters, who, to the fcandal of their profeffion, having left their flockes and due charge, wer come to Edinburgh to ftir fedition, and trouble the courfe, iuftlie intendit by your maieftie for the good of the eftate and churche, therfore they wer all commanded to voyde the towne, and returne to their charge (excepte fuch as, verifieing to their ordinares the lawfulnes and neceffitie of their affaires, fhould obteane their THE MELROS PAPERS. 413 licence to remayne), vnder the payne of horning and prefent imprifon- ment, whiche being publifhed, hathfred the towne and eftates of that tumult uous crew. Vpon the 25th, the eftates being readie to ryde to the Parle ment Houfe, Langton, ingyring himfelf to take poffeffion of the office of ifher to your maieftie, whiche nather he nor any of his predeceffours had inioyed in any living mans memorie, and being firft requifted, and ther- after charged, difobying both, wes, for his contempt, fent to the caftle of Edinburgh. Immediatlie therafter, a contention arofe betwene the lords Hay and Keith for their priuiledges in keiping and garding the Parlement Houfe, whiche being difficillie fetled, the eftates raid to the towbuith, in greate nomber and good order. Being convened, your maiefties com- miffion wes red, and then the archbifhope of St Androis made ane ex cellent fermon of the honour and obedience due by fubiects to princes, of tribute and cuftome to be payed to them, and exponed witte- lie the word reddite, afcriving it to due and neceffarie payment, and not to giving, adducing the exemple of Chrifts owne payment of tri bute, and his mothers takeing him in his cradle to Jerufalem, where the whole Jewes wer, by the law of God, commanded yearlie to con vene and pay tribute. He alledged many exemples of the loffe and ruine of kingdomes and eftates for neglecting to contribute to fupplie the warres of their princes, and moft notablie the loffe of Conftantinople and the Impire of the Orient, applying all to the juftice and neceffitie of your maiefties prefent defire, whiche he amplified by all convenient circum- ftances. Laft, he brought handfomelie in, the purpofe of the Churche Articles, and, amongft other reafons, proponed the acknowledgement con teaned in the firft Confeffion of Faith, made after the Reformation, ratified by act of parlement 1567, acknowledging that churche difcipline and rites, could not be perpetuallie vncheangeable, but wer, vpon good confiderations, alterable, and fo being indifferent, and the articles now introduced being lawfull and expedient, needed no other warrant but the iudgement of oure king, fo religious, wife, learned, and iuft, as the world had not feene his equall. After him, fpake youre maiefties commiffionar, of the charge impofed by youre maieftie vpon him, his fenfe of his own infufficiencie, and neceffitie of his obedience, regrateing that he could not 414 THE MELROS PAPERS. wourthelie relate your royall directions, with fuch grace as might [proue aunfwerable to the expreffion of your love of this people, whiche wes the only reafon of his imployment. That the parlement wes indicted at the earneft requifte of the nobilitie and counfell, the iuft caufes of your maiefties defire of fupplie notour to the world, not for any ambition vpon your part to encreafe the power of your fone in law or his children with other mens eftates ; that warre being begune by the people of Bo- hem, impatient of the heavie yoke impofed vpon their perfones and con- fciences, and their fubtile and inftant introductions of your maiefties fonne in law to vndertake their protection, more rafhelie nor your maieftie either knew, or, after knowledge, allowed ; but the progreffe of the vfuall acci dents of warre having broght vpon him difadvantages and loffes, whiche, not being remedied, wold tend to his eternall ruine and difherifing of your grandchildren, your maieftie wes forced to contribute greate fowmes for his defence, and of intention to menteane a continowell warre, but to avert his vtter overthrow, till, by your royall care and wifdome, yee might, by mediation and treaty, procure peace and reftitution of his patrimonie, wherein the charges of your ambaffadouris, ordinarie and extraordinarie, fent to the moft part of the princes and eftates of Chriftendome, wer fo greate as could not be duelie confidered by fuch as wer not privie to matters of fuch confequence, not communicable to the vulgar forte, and whill, as your maieftie wes in good hope of fetling that greate warre, yee wer draune vnder new troubles and charges by the warres of the Voltalin, France, and the Low Cuntries, whereof no fetling could be expected but by your maieftie, whom God had indewed with fo extraordinar wifdome, graces, and authoritie, that the Chriftien world acknowledged yow alone for arbiter of their controverfies ; that the manifeft danger of religion in all the parts of Chriftendome did more neirlie touch your religious hairt nor the intereft of your children, feing the world knew that in the'matching of your doghter (matchleffe for vertue), your maieftie, vpon confideration of the fraileth1 of mans life, albeit that your deare fonne then promifed that whiche God hath fince performed in him, by ftrenth of bodie, hap- pines of health, and accomplifhement of all princelie vertues, yet defiring, that yf God fhould appoynte him to die without iffue of his bodie (whiche THE MELROS PAPERS. 415 God defend), the world might fie that your maieftie did not fo much affect the honour of more eminent, powerfull, and wealthie alliance, by hir with papifts, who, not feeking money with her, wald, as it wer, haue brybed your maieftie, with infinite treafor, to haue granted to them the honour of your royall alliance, yee, out of meere zeale to religion, had, as it wer, entailed your pofteritie to the protection of religion by hir ma nage with ane excellent prince of our profeffion. Therafter he expreffed the zeale and forwardnes of oure neighbour cuntrie at full, and fpeciallie of the Londoners, who had forbiddin feafting, when your maiefties grand children wold haue beene compelled to fafte, yf your naturell and reli gious bountie had not royallie furnifhed them all princelie charges, and therefore exhorted the eftates, to increafe the quantitie of their wointed contributions, according to the importance of the prefent eftate of affaires, rather to ftirr vp oure neighbowrs by expreffion of their affection, nor the value of the fumme, affuring them, in your maiefties name, that yf they fhould at this tyme behaue themfelues thankfullie and wourthelie, your maieftie meant not hereafter to trouble them with furnilhing more monyes. Laft, he recommendit the affaires of the churche, and that they would therein remember the bypaft proofes of your excellent knowledge, greate care and trauells for menteaning and promouing religion ; the publict teftimonies of your admired workes, reverenced by the learnedeft of the world, the malice of the aduerfares preaffing to procure your death (whiche God auert), as the heigheft of their hopes and defires, for prevailing againft all the profeffours of the truth. He roughlie inveyed againft thofe, who treafonable fclandered your maieftie with intention to introduce all Eng- lifhe ceremonies, but fpeciallie againft thofe, who fpoke of papiftrie or li- bertie of confcience, affuring them, that yf they wold abey and confirme the actes already made, your maieftie wald neuer intend any future alteration. He enlarged thir grounds in fo good termes, as all the eftates acknowledged, how well he had proffited vnder the hands of the beft maifter in the world. The publict fpeaches wer concluded by my Lord Chauncellar, whofe defcription of the dignitie of a parlement, and honor of the particulare eftates and members therof, in fo heigh ftile and learned 416 THE MELROS PAPERS. fubftance, as did exceede the capacitie of many of the vulgar auditors : he clofed with a pithie exhortation for the contribution and churche af faires. Therafter the Lordis of Articles wer chofen with fuch dexte- ritie, that no man wes elected (one onlie excepted), but thofe who, by a priuat rolle, wer felected as beft affected to your maiefties fervice. A propofition wes made, conteaning a noveltie annent meiting of all the nobilitie, after the articles wer concluded, to fitt and confider of them be fore they wer ratified by publict parlement, whiche wes fo dexterouflie vfed, as I hope no harme fhall enfue. I had almoft forgottin that your maieftie having iuftlie blamed my errours in the firft draught I fent of a letter to haue beene fent by your maieftie to the eftates, and being pleafed to declare that yee wald caufe reforme it and fend it downe, when I perceiued that it had not beene remimbred, and that tyme wold not permitte to flay till it might be required and had, I rather tooke boldnes to adventer to prefent that whairof I fend herewith the copie, authorifed by Avarrant entrufted by your maieftie to your commiffionare, nor that the parlement fhould either deferte or delay too long. Yf it pleafe God to make me fo happie as that my conjectural ftile be no more offenfive to your maieftie nor it wes to the eftates, and that your maieftie may be pleafed to fend me an warrant in wret, pardoning that whiche I wes forced to adventer for the good of your fervice, I fhall humblie thank his hea- uenlie Maieftie, and alwife befeeche him to graunt your maieftie all the Millings that your royall hart, and the hartie affections of your faithfull people beg to yow at his bountifull hands, and reft Your Maiefties humbleft and moft oblifhed of all your faithfull feruants, Melros Edinburgh, 26 July 1621. To the Kingis moft facred Maieftie. THE MELROS PAPERS. 417 CCXLIL— KING JAMES VI. TO THE PARLIAMENT OF SCOTLAND Right reuerend fathers in God, right truftie and welbeloued cofens and counfellours, right truftie and welbeloued cofens, and remanent our officers of eftate, and commiffioners for the fmall barones and bor- rowes of that, our kingdome, conveened in our parlement thereof, We greet yow heartelie well. Albeit our inceffant care to procure and menteane the peace of Chriftendome, moued ws long to forbeare to giue affiftance to oure fone in law for defence of the Palitinat, his natiue patrimo- nie, and birthright of our grand children, till the vnbridled violence and obftinat malice of the uniuft inuaders, and the bands impofed vpon ws by God and nature, hes at laft forced ws, for fafetie of religion, keeping faith and dutie to our confederates, and confirming our fame and reputa tion vnfpotted in the opinion of all vnpartiall nations, to refolue to fe- cure, by iuft armes, that, which no freindlie entreatie or reafon could effect. Yet when we began to meditat of the prouifions requifit for that roy all interprife, we confidered that the meanes and wealth of that our natiue and euer beloued kingdome, ar als far inferiour to the ftore of other cuntries as their royall affections to ws, and our moft royall proge- nitours, hes equaled, if not exceeded, the zeale of any nation of the Chrif tian world, famous for heartie loue and obedience to their naturall princes, and therfore we abfteaned to require aide of any of yow to that charge able diffein, till firft we had effaied our good fubiects of this kingdome, and, by tryall, found the alacritie of their affection and liberalitie beyond our hopes and motions, wherby we wer therefter induced to write to our nobilitie and counfell there, to let ws know, what voluntar fupplie might be expected from them, not fo much for the importance of the fowme, as to manifefte to all our people that we meant not to furcharge any one nation or eftate, and to grant vnequall immunitie to others, but to ap- proue youre zeale to your fellow fubiects, according to your power. But 3 G 418 THE MELROS PAPERS. finding fince, by the anfuers returned from our nobilitie and counfell, by their letters and humble meffage, that the courfe of contribution would be a hinderance to a better and more vniuerfall pourpofe of generall tax ation, the reafons propofed by them, and affurances giuen by thair letters, that they would do aboue the vttermoft of thair powers for encourageing the other eftates, by their exemples and reafons, to do the like, without exemption or immunitie to any, at this more nor neceffarie occafion, hes fo well pleafed ws as we haue yeelded to their defire of a parlement ; and for that effect having affembled yow all, we are to informe yow, that no care, trauell, expence, diligence, or other meane of lawfull treatie, wes omitted by ws for pacifieing the querrell of the Palatinat, wherin the effects not anfuering our laborious endeuours, and equitable intentions, the conioyned intereft of religion, ftate, and dutie, hes conftrained ws to embrace our fonne in lawes protection, with the approbation of all iuft, wife, and indifferent princes and eftates in Europe, who acknowledge, vpon our part, helium jufftum effe quia neceffarium : And vnles we fould appeir deficient in our duties to God, religion, nature, and to our owne bouelles and faithfull confederates, we can no longer forbeare to inter - prife the recouerie of the patrimonie of our grandchildren, vniuftlie vfurp ed by their ravenous and merciles ennemies, which can not be profe- cuted without moneyes, the true finewes of warre, nor can fufficient ftore of moneyes be had for menteaning that monfter of warre (which keepes no dyet, but is both at firft frammed, and without intermiffion muft ftill be fed and fufteaned by the bellie), withowt the liberall fubuen- tion of our fubiects, louers of their king, cuntrie, and religion. Pouertie hes euer been reproched to that our kingdome, but well refuted, that is, vitium soli non gentis; and we know that the foile hes not in our aige furnifhed fewar meanes of trade and inbringing moneyes, nor this and the immediatlie preceeding yeir, which will difproportion your abilitie from your withes and good wils. But when we fall remember how God hes made ws his immediat inftrument to fecure your hues and eftates, from the perfonall butcheris vfuall in your deadlie feedes, the thiftes, fpulyies, reifes, fyre railings, blak males, ranfomes, and all fortes of other extortions and oppreffions, committed or exacted by the Hielandmen, THE MELROS PAPERS. 419 Bordourars, and others petie tyrants, befides the exorbitant charges for menteaning your hereditarie and almoft immortall querrells, your immu- nitie from your vfuall vexations, and rondes for fetling the Bordours, Hielands, and Ifles, and for conferuing peace with your nighbour king- dome, and eftablifhing vniuerfall peace and juftice, at our exorbitant charges, we ar affured ye will now, at this neceffarie and extraordinarie occafion, fchow your thankfulneffe, and retribute a competent proportion of that whole, which in effect ye haue receiued of ws, and which, fince our accepting the gouernementon our owne perfon, ye would haueefteemed to haue been profitable conquiffed at the price of the greateft part of your whole vaillant. Neither do we think that ye haue forgotten, that, efter a fort of commendable ambition, ye preaffed to haue our deareft doghter ftyled the doughter of Scotland when fcho wes maried; and if ye weigh things rightlie, we and ye owe infinit thanks to God, who by that worthie doghter hes granted to ws fix children, who by the like reafon may be challenged to be the grand children of Scotland, four of them being fonnes, and two doghters, fo hopefull, as no royall familie in Europe hes participat the like bleffing by fo young parentis, whereby it hes pleafed God more ftronglie to vnderprop our fcepter, nor that of our forebears, in many bypaft ages, befides the exfpectation of the continouance and encreafe of that high fauour, if with humble and heartie thanks we fall wourthelie acknouledge how much we haue alreadie receiued. Thefe, and manie other neceffarie pourpofes, we intended to haue more amplie intimated to yow, by our oune mouth, your faithfull obedience and refpect to ws, and your ciuile and kynd vfage of the noblemen and all other fubiects of this kingdome, of whatfoeuer qualitie, who did attend ws in our laft journay to Scot land, having produced effects of fo great contentment to ws, and, by their report, to all this nation, as our fauour to yow wes thereby confirmed and (if it could haue receiued addition) encreafed, and fince that time hes foftered in our heart an earneft defire, without regaird to our panes in that long progreffe, to haue feen yow this fommer. But the bands of wonted peace ar fo fearfullie fchaken in Chriftendome, and our intereft in the affaires of the Palatinat, fo important and preffing, that without hinderance of maters of hieft moment, we can not withdraw our prefence 420 THE MELROS PAPERS. from this place, of beft opportunite for all fuddane occafions, and fpeedie refolutions and directions; but we intend to remeed that by our refort thether next fommer, God willing; and in the meantime, expect vndout- edlie, that ye will let the worlde fie, that our abfence from your meeting is no lat to your ftraining your felfis to your vttermoft abilitie, for readie help of this godlie and good caufe of the Palatinat, and that ye will confider that your contribution for it, can not be mefured by the reule or rate of preceeding taxations, granted reither for refpects of magnificence, and fchew in folemnities of mariages, baptimes, negociations, or payment of cuntrie debtes, nor for any fuch inevitable neceffitie as the eftate of warre, of religion, and recouerie of the patrimonie of our grand children, does now impofe vpon yow and ws ; but that, according to the condicion of the time and action, ye will liberallie and readelie extend your beft helpis without protraction, which, by linguering, might exceedinglie dif- apoint the effects of your good intentions, and our moft important proiects. We meane not to imploy any part of your beneuolence to any other \{e; bot knowing that great nombers of our fubiects there, als abundantlie en- dewed with zeale and courage as they ar deftitute of wealth, affecte, by their perfonall feruice, to redreffe their want of meanes for large contri bution, we refolue to beftow that which ye furnifh, with much more of our owne, for leueing forces in that kingdome, to ferue in this good caus. All other maters concerning ws, or the good of our fubiects of that our kingdome, will, by our direction, be imparted to yow be our commiffioner, and by our chancelar, and other officers having our warrand to that effect, who will alfo, in our name, confent to any good ouuerture \A'hich fall be proponed for the publik benefite of that ftate, to which, and euerie one of yow, our faithfull and obedient fubiects, we with, and, with our wonted care, fall ftudie to purchace all happineffe.* [26 July 1621?] To the right reuerend fathers in God, and to our truftie and welbeloued * This letter, which appears to be the original draught, is holograph of the Earl of Melros- THE MELROS PAPERS. 421 cofens and confellours, and others, our right truftie and welbeloued cofens, and remanent our officers of eftate and commiffioners for the fmall barones and borrowes of our kingdome of Scotland, conveened in our parlement therof. CCXLIII EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, Wearines, and fome pane in my eye, forced me to vfe my brothers hand in the letters I wrote yefterday, of that had then paft in maters concerning the parlement. Therefter, the Lords of Articles met, and efter reading your maiefties letter to the parlement, and the other two which the conuention of the nobilitie and counfell fent this winter to your maieftie ; the taxation wes motioned by your commiffioner, with fo ample and judicious expreffion of your maiefties infinit charges, furnifhed to the enterteanement of the forces of the princes of the Vnion, verie long, and of the armie commanded by Generall Vere, befide your nauie at fea, and the charges of your children and grand childrens mentenance, which enforced vndenyable neceffitie of fupplie; they had onlie reafon to confider what difference wes in the caufes and nature of this prefent action (the event wherof may, in worldlie appeirance, import the preferua- tion or ouerthrow of religion in all Europe, and the vphold or perpetuall ruine of that moft auncient, famous, and princelie eftate of the Palatinat), and thefe of former times. This propofition, ftrengthened by many rea fons pertinentlie alledged by the Lord Chancelar, Mar, and others, faithfullie difpofed to the good of the pourpofe, efter long and modeft reafoning, produced ane vniforme refolution, that a taxation behoued to be granted. The nixt queftion being of the quantitie, my lord of Santandrois alledged a precedent of King Dauids ranfom, amounting 422 THE MELROS PAPERS. to thrie hundreth thoufand merkis, or, as others write, an hundreth thoufand merkis, as likwayes of the fowmes payed for King James the Firft his redemption, which, confidered according to the fcarcetie of moneyis in that aige, and abundance therof in all the world at this time, might informe ws how great a fowme wes now requifit, for the reafons proponed by my Lord Commiffioner. Then my Lord of Scones opinion being demanded, he roundlie told, that he had his honor, eftate, and whole fortunes of your maieftie, and would beftow them and his life in your maiefties feruice, thinking ten hundreth thoufand merkis a compe tent fowme, wherof he would readelie pay his part, and what farder your maieftie pleafed to command. That fumme being thoght exorbitant, I anfuered, that my lord of Santandrois true exemples imported much more ; becaufe an hundreth thoufand merkis, in King Dauids dayes, wes an hundreth thoufand merkis weght of filuer, wherof euerie merk weght being eight vnces of filuer, would amount, at thrie pund the vnce, as it now giues, to foure and tuentie hundreth thoufand punds. In end, it wes concluded, that where the greateft taxation that euer wes before wes four hundreth thoufand merkis, payed in foure yeeres, there fould now be giuen foure hundreth thoufand pundis, in thrie yeeres ; for it is appoynted to be payed at foure Mertimes termes, wherof the firft will be Mertimes next, and fo be compleit at that time thrie yeeres. The lords thoght it more fit that the act fould be conceiued in thir termes, that the pound land holden of your maieftie fould pay threttie fchillings yeerlie, and the kirk landis, and teinds, and bourrowes, the like proportion; which, in effect, is four hundreth thoufand pundis, nor that the expreffion of the fumme fould informe the world of the fmalneffe of our meanes, when they ar racked to extremitie. The next article wes anent the taxation of anvelrents, wherin the noueltie bred difficultie, and the intereft the commiffioners of burrowes, and others, ftrict oppofition. But becaufe I knew much of their eftate, and of the nature of that courfe which my felf, amongs others, haue long exercifed with benefit, I preaffed to detect the fecret of their pretextes ; and efter great altercation, reither then reafoning, it wes concluded that THE MELROS PAPERS. 423 all anvelrents fould pay taxt, without immunitie of any eftate or perfon. The meanes of tryel, quantitie, and termes of payment, reft to be confi dered. The good fucceffe of what hes paft, makes us to hope for the like in that which reftis concerning the Churche Articles. I pray God I may haue fpeedie occafion to fend your maieftie contented aduertifment therof, and that he may be pleafed to bleffe and long preferue your facred perfon, and profper your affaires. I reft Your Maiefties moft humble, faithfull, and bund feruant and fubiect, Melros. Edinburgh, 27 July [1621?] To the Kings moft facred Maieftie. ccxliv earl of melros to king james vi. Most Sacred Souerane, My letters of the 26 and 27 of July, haue informed your maief tie of things done at that time in parlement. Therefter the Church Arti cles wer allowed by the Lords of Articles with good vniformitie. Since that time, ther hes not arrifin any great controuerfie in the houfe for maters of moment ; the articles proponed, either being found profitable for the cuntrie, or, if they concerned particular parties, they wer laufullie concluded, efter hearing of the parties intereffed. Onelie the taxation of the anvelrents hes been much impugned by the burgeffis and fome fmall barons, vpon pretexte of the harme which they may fuffer in their credit, if their debtis fall be vnneceffarlie difcouered, who haue been anfuered with cleer 424 THE MELROS PAPERS. and juft reafons ; but they ftill perfift in thair oppofition, albeit with more modeftie then others, who not being of the articles, and having craued permiffion to conveen, to prepaire motions to be proponed to the articles, haue converted the fauour obteaned vpon that fpecious pretexte, to a meeting of noblemen and barons, who ar reported to haue dealt fo paf- fionatlie aganis the confirmation of the church articles, and the taxation of anvelrents, that your maiefties commiffioner wes forced to difcharge the abufed libertie of their affembling, and, fince that time, hes been forced to take fo continuall trauell to diffolue their combination, and, by the afliftance of all his freinds dulie affected to your maiefties feruice, to conuert them to their dutie, as hes permitted fmall time of reft or fleep to him. He inclyned to haue caufed punifli fome of the moft avowedlie malicious ; but the errour being almoft popular, he wes counfelled to for- bear offenfiue rigour, and to ftudie to calme and reclame them by more mylde meanes, and is in hope to prevaile fo with a nomber of them, that they fall either ftay and concur in your maiefties feruice, or abfente them felues, and fo do no harme. The reft who fall be found irrecouera- blie malicious, will be made knowne to your maieftie, who may and can beft judge of their merite. I can promife no farder as yet, bot good hope, with affurance of more paynes, patience, and wifdome in your maiefties commiffioner, faithfullie affifted by fome of your maiefties feruants, nor could haue been beleeued. God, who hes euer directed your maiefties jufte intentions to wifhed end, will ouercome the malice of this oppofition, to your maiefties contentment, which I pray his heavenlie Maieftie long to grant in all your royall affaires, and reft Your Maiefties moft humble and bund feruant, Melros. Edinburgh, 2 Auguft [1621 ?]¦ To the Kingis moft facred Maieftie. THE MELROS PAPERS. 425 CCXLV.—EARL OF MELROS TO^KING JAMES VI. Most Sacred Souerane, Having wretin my other letter vpon the fecond of Auguft in the morning, this is to rander your maieftie accompt of what is fenfyne done in Articles. That day your commiffioner, at fyue a clok in the morning, began his confultation with the Archbifchop of Santandrois, Lord Carnegie, Clerk of Regifter, Deane of Winchefter, and me, by what freinds meanes he might either reconquer the oppofites who had vote in parlement, or perfuade or compell them by lawfull order to be abfent; and according to our joynt opinions, put all his freinds to work where their credit might beft prevaile, and then entred to the articles at ten a clok, and remaining till eight at night, difpatched fo manie affaires, juft of themfelues, and gracious to the people, as ferued for powerfull induce ments to diuers of each eftate to fauour his defires for your maiefties fer uice. We ar in good hope to obteane the Church Articles ratified with the ordinar taxation. Our greateft dowt is of the taxation of anvelrents, which manie abhorre as a noueltie, and a difcouerie of their miferie, and ouerthrow of their credit. For preuenting of which difturbance, vpon the fecond at night, a meeting of the articles wes appointed to be vpon the thrid, at feuin in the morning, to confider of the beft expedient, inclyn- ing reither to difpenfe with the extremitie, that thereby we may obteane a preparatiue of ane aide, wanting all preceiding exemple, and a diuerfion of oppofition to the Church Articles (which we thinke more important nor the ods of a trifle of that fubfidie), nor by infilling vpon a verie fmall dif ference in a money mater, to trouble or ouerthrow a better bufines. What fall be refolued fall be fpeedelie fubioyned to thir lynes. Since the wryting of what preceeds, the Lords of Articles haue this morning met and peaceablie concluded. Extreame diligence will be vfed to fet all men right. The event muft be remitted to God, in whoes af- 3 H 426 THE MELROS PAPERS. fiftance we confide, and befeech him to bleffe this bufines, and all your royall defires, and reft Your Maiefties moft humble, faithfull, and obedient fubiect and feruant, Melros. Edinburgh, 3 Auguft 1621. Your Maiefties commiffioner expects that his diligence in well doing will excufe his not wryting, which is alwayes naturell to him, and now neceffar. CCXLVI.—EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, Your maiefties parlement of this your kingdome is this efternone happelie concluded. The church actes had oppofition, but the well af fected prevailed by fevin and tuentie votes, albeit we wer exceedinglie difapoynted by the treacherie of fome fmall borrowes, who violated their promifes, and wer recompenfed by your Commiffioners refuting to autho- rife their actes and ratifications. In the act of the taxation, at firft their kythed fome danger by the voices of lords who granted the ordinar taxa tion, and refufed the taxation of anvelrents; but my Lord Commiffioner preafling them to giue anfuer directlie, that they either granted or refufed the act of taxation, fince it wes onlie one act, the reft became efchamed to refufe, fo as the oppofites to that act wer fcarce ten, as the Clerk of Regifters inclofed ticket will teftifie. Other lawes and privat actes paft withowt contradiction. The conclufion wes by a fpeach of your maiefties Commiffioner, renewing the affurances of your maiefties conftant fauour THE MELROS PAPERS. 427 to this nation, your zeale to the defenfe of pure religion, your earneft defire to releeue your people of the burdings, to protect, them from vio lence, to introduce all exemples and effects of pietie and juftice amongs them, to increaffe trade and commerce, and to exempt them from the greif of the panes of bypaft tranfgreffions of ftatutes impofing pecuniall panes. Which, being a moft acceptable fairewell to the whole eftates, wes met with the heartie wifhes of all the people for your maiefties long and profperous lyfe. I muft not forget the Commiffioners fcharp cenfure of fuch as had abufed the toleration of privat meetings of the eftates, with aduertifment that the like would not heerefter be fuffered. The par ticular accompt will be more amplie giuen by larger letters, and by the Deane of Winchefter and Lord of Scone, who, fo foone as the articles for the church and taxation wer ended, they went to their horfe, and will relate all particulars, and euerie mans behauiour. I may trulie affirme theirs to haue been exceeding faithfull and fordwart, and that your maiefties Commiffioner, by his obferuing your excellent inftructions, hes effected the wifhes of your faithfull feruants, and ouercome the bufie malice and fubtiltie of the aduerfars; which I muft afcryue to the happines of your royall courfes, fo well grounded vpon wifdome and iuftice, as they can not want fucceffe. I haue thoght it would be more agreable to your maieftie to know this trueth abruptlie, nor ane more exact report more flowlie; and praying for the like profperitie in all your royall affaires, I reft Your Maiefties moft humble and moft obedient fubiect and feruand, Melros. Edinburgh, 4 Auguft 1621. To the Kings moft facred Maieftie. 428 THE MELROS PAPERS. CCXLVII.—EARL OF MELROS TO JAMES DOUGLAS. Loving Freind, I receiued your packet of the fecond, and deliuered his maief ties letters fpeedelie. I can not difceme wheter the Marquis of Hamilton be more carefull and diligent in action, or flow in wryting to his maieftie : for as I know that he hes caufed feek the Lord Vchiltrie in this towne, and miffing him, fend for him to Salton in great hafte, and in the mean time fpak with the Lord Chancelar, Clerk of Regifter, and Aduocat, anent the commiffion directed by his maieftie, to be formed for tryall of his informations, and commanded the cuftumars to be readie to be ex amined at the Lord Ochiltries cuming heir, and lykwayes found, by ex amination of Sir Patrik Murray, that his father had made no conveyance of anie of his lands. So I fufpect, that he may fo neglect to write of thir things to his maieftie, that the perfite report fall, by his flewth of writing, be delayed till his owne going to court. The Chancelar caufed reade his maiefties letter to the Counfell, anent the Earle of Cathnes, and called before them Robert Monro, who infifts in the perfute for his brother Lindfayes flaughter, with whoes confent, Maifter Thomas Hope, who deales for the Earle of Cathnes, wes called, and to him wes intimated, that vnles the Earle fould find fufficient cau tion, for his compeirance before the 18 of September next, the commiffion fould be directed with all rigour; but if he found caution, he fould haue protection for all other caufes, ciuill and criminall, whill he had abiddin his tryall of that flaughter. For John Auchmouties complanit, Maifter Williame Chalmers, his freind and agent, wes called before the Counfel, to haue giuen information to the Aduocat, who, excufing him felf, and defiring that it might be requyred of Maifter Auchmouties ladie, he wes THE MELROS PAPERS. 429 commanded to receiue his information, and giue it to his Maiefties Ad uocat, that letters might be raifed to the next meeting of the Counfell, which is appointed the 29 of this moneth. John Stewart hes requeafted me to pray yow to caufe fignifie to his maieftie, that he is agried with the Counteffe, of him wheirin he hes choifin reither to take loffe, nor to be vnneceffarlie troublefome to his maieftie. If it fall pleafe God, that the continowance of that happie quyetnes, which we inioy by his gracious gouernement, fall deny ws fub iect of wryting this vacance, I hope my vnfrequent wryting, or not wryt- ing at all, fall be excufed. The commiffion aganis Alane Makfldowie is exped to the Lord Gordon. So, wifhing yow all happines, I reft Your affured freind, Melros. Edinburgh, 8 Auguft 1621. To my verie affured freind James Douglas, attending his Maieftie for difpatche of Scottis Affaires. CCXLVIII.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VL Most Sacred Souerane, In the roll of the jufticeis of peace of the fliirefdome of Selkirk, laitlie fend vp to youre maieftie, youre maieftie hes bene pleafit to de- fignne and point out the Goodeman of Harden, to be fchireff of that fchirefdome for the yeir to come ; and he being writtin for to compeir 430 THE MELROS PAPERS. and accept the office vpoun him, he, inrefpect of his aige, infirmitie, and feiknes, compeirit be his eldeft fone, who exeunt his fader as being alto gidder vnmeete and vnhable for that charge ; firft, be reffoun of his aige and feiknes, he being paft Ixxij yeires of aige; nixt, becaus he can nouther write nor reid ; and laft, becaufe he is not a refident within that fherifdome, bot hes his refidence and duelling in Teviotdafll. Thir being reffonis fufficient to exeme him frome that charge, we haif heirwith fend vp vnto youre maieftie, the roll of the jufticeis of peace of the faid fchirefdome, to the effect youre maieftie may mak choife of fome other perfonne to be fchireff. Thair wes a petitioun this day exhibite vnto youre maiefteis Counfaill, in name of Maifter Alexander Simfoun and Maifter Andro Duncane, minifteris, who, the tyme of the laite parliament, wer fend prifonnaris to the caftell of Dunbartane, excufeing thame felffis anent the caufs quhair- foir thay wer committit, and humelie craving thair libertie, inrefpect of thair pouirtie and want of meanes to interteny thame felffis. And althoght thay ar knowne to be bot poore men, yitt the Counfaill wald nowayes medle with thair libertie without youre maiefteis directioun and allowance. And quheneuir your maieftie falbe pleafed to gif fignificatioun of your will and pleafour towards thame, ordour falbe tane with thame accordinglie: And fo, praying the Almightie God to bliffe youre maief tie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancells. Melros. W. Oliphant. Edinburgh, 29 Auguft 1621. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 431 ccxlix.— earl of melros to john murray. Sir, The notorietie of your kind refpect to fuch requeafts as I haue formerlie made to yow, makes my freinds, who haue to do inftant with me, to recommend them to yow, and my dutie to them, permits me not to refufe it. I can not interceed for a kinder man nor the bearer heirof, my cofen, Sir John Scot, whoes laufull affaires I will pray yow to affift, and will affure yow, ye can not obleis a more thankfull man. So, wifhing yow all happineffe, I reft Your euer obedient freind, Melros, Edinburgh, 3 October [1621 ?] To the right wourfchipfull John Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. ccl — the lords of privy council to king james vi. Most Sacred Souerane, Thair wes a petitioun exhibite this day to your maiefteis coun faill, in the name of Maifter Robert Bruce, minifter, humblie craueing releif from his prefent warde, for the feffonis fpecifeit in his petitioun ; quhilkis, in effect, ar the fame that he delyuerit be way of anfwer the laft 432 THE MELROS PAPERS. day, quhen he wes broght befoir the counfell, and wardit for tranfcending the limites of his confyneing. And becaus the mater for quhilk he is wardit concernis youre maiefteis felf, as ane offence and contempt done be him in breking of his warde without a warrand, the counfaill wald no way medle with his enlargement and releif, without youre maiefteis direc tioun and allowance, bot hes heirwith fend vp his petitioun vnto your maieftie, that, after confideratioun thairof, youre maieftie may gif fuche directioun thairanent as youre maieftie fall think goode; and vpoun the returne of your maiefteis will and pleafour towards him, ordour falbe tane accordinglie. And fo, praying the Almightie God to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedyent fubiectis and feruitouris, Al. Cancell3. Melros. W. Oliphant. Edinburgh, 10 October 1621. To the King his moft facred and excellent Maieftie. ccll— the earl of melros to john murray. Sir, Since my wryting to yow vpon the 19, I haue receiued yours of the 15 and 22 of this moneth. For anfuer to both, pleafe yow know that the counfell hes tryed the mater betuix Robert Makbrare and John Cor- fan, and found that a tumult being begun wher John Corfane wes, in gret paffion; Robert hearing the fray, returned to pacifie it, bot that in an THE MELROS PAPERS. 433 throng, vpon fuddantie and miftaking the harme, wes done to the parties on all fydes, which, praifed be God, is not great. It appeares that fome offenfiue wourds, vttered not long before, had bred fome vnkyndnes amongs them; and John Corfan hes bene found not to haue proceeded fo dewti- fullie in his office as became him, and, partlie for that refpect, and partlie for Roberts fatiffaction, he is committed to warde, bot will not be long deteaned. Treulie he hes not borne that refpect to Robert which became him. It kythes that the towne of Drumfreis cairies their olde refpect to the name of Maxuell, and that they affect the towne, and will be readie to protect them. Before I receiued yours of the 22, I had one from my Lord Maxuell, declairing, in few wourds, that he meaned not to quyte to yow the lands in queftion ; and, hauing referred credit to his bearer, he declared, that if your owine money, giuen for thefe lands, might be accepted, that their might be hope of appoyntment, with excufe of his refuting to refer the mater to me. Where yee defire to know what fpeaches paffed betuix the Lord Max uell and me in that mater, I remember not of anie particular, bot what I wrait to yow, from tyme to tyme, nor of anie conference with anie other theranent, except with my Lord Sanquhar and Maifter Thomas Hope; bot fufpect that the Lord Maxuell hes lyked the worfe of my melling, becaufe I did not approue the long delayes of production of his writtis, which he pretended he could not find, and that he had no hope, vnles he recouered them fra the Erie of Dumbars doghter, or Sir George Home, who wer found, in end, to haue few that could ferue him, fo far as I could learne, and wrait to yow; and when I told that the manie delayes wald force yow to perfew for improbation of his writtis, he faid he wald not offend at it, bot wold vfe all the defences law could affourd. He wrytes to me, that I know how he hes bene vfed in that mater; bot if I wer fworne in it, I could not fay bot yee had both foght him, and abiddin his laifer verie freindlie, and that your felf wes difpofed, and your freinds aduyfed yow, to do all that yee could to agrie the controuerfie, reither by media tion of freinds, if it could be, nor otherwayes; bot I beleue that he meanes that the lands being taken vpon forfaltour by the Erie of Dumbar, that 3i 434 THE MELROS PAPERS. he fould not haue boght them. This is onlie my coniecture, becaufe I can not conceiue what other complaint he hes of your vfage. I know yee will not alter your intention to do reafon in the bufines, if he be dif- pofed to accept it ; and fo wifhes all your freinds. Maifter Thomas Hopes opinion in that mater is fullelie fignified to yow by his owne letter. My Lord Sanquhar wrait to me of his bufines, which yee recommend. I fall do in it what I can in reafon ; and fo, with my beft wifhes for hap- pines in all your affaires, I reft Your moft affeetionat freind to be commanded, Melros. Edinburgh, 28 Oa. [1621?] I delay the clofing of the packet, till I fie what may this day be done in your Irifh commiffion. Their is none of your Irifh witneffis yet come, bot Lochinvar's fone, and fo the examination will delay till we fie if others cum or no, wherof yee fall know by the nixt packet. To the right wourfchipfull John Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. cclii the lords of privy council to king james vi- Most Sacred Souerane, We reffauit your maiefteis lettre of the nyneteene of this in ftant, by the whilk your maieftie hes bene gratiouflie pleafit to mak THE MELROS PAPERS. 435 choife of ws, to haif the charge and directioun of your moft weyghtie affairis occurring in this kingdome, quhairin, as with all fubmifiue reuerence, we acknoulege your maiefteis fauour, and the confidence your maieftie repoifeth in oure fidelitie to go far beyond ony wourthe that is in ws, and to be more then oure feruiceis can be able to deferve ; fo we falbe cairfull, by the vttermoft of oure indevoiris, and in all loyall affectioun, to approve oure felffis anfuerable to your maiefteis hoipis and expectatioun, and by oure cair, diligence, and beft refolutionis, to gif vnto your maieftie contentment, in this charge concredite vnto ws. At oure meeting and conference vpoun this fubiect, thair come three other lettres frome your maieftie to oure handis of this fame dait ; the firft concerning the motioun maid vnto your maieftie, for fupefeiding the executioun of the act of parliament maid aganis fuperfluous banquet- ting and apparrell, vpoun pretexte of the diminutioun of your maiefteis cuftomes ; the fecund concerning the offer maid vnto your maieftie, on behalf of the toun of Edinburgh, for thair extraordinair taxatioun vpoun the annuelrentis : and the thrid and laft lettre towcheing the col- lectoris of this prefent taxatioun, quhairin your maieftie hes declairit your will, that it fall not be bellowed vpoun ony perfone, as a mater of bene- feit or rewarde for feruice. Off the quhilkis three miffives, we remem ber that the firft and fecund hes beene alreddie in fome foirt anfuerit ; for your maieftie haueing, by twa formair lettres of the 12 of October laft, recommendit vnto your counfell the confideratioun of thefe tua par ticulars anent the banquetting and apparrell, it wes vpoun the firft of this moneth confidderit in counfell, that the wyfeft fort of the whole fub iectis greeving vehementlie, at the vniuerfall harme proceiding of the fuperfhntie of bothe, and eirniftlie defiring the reftreant thairof, reffaued meruellous contentment quhen thay faw that article warranted by youre facred hand, whilk gaif libertie to the efteatis of parliament to aduyfe and refolue vpoun the moft expedient redreffe. Who having felected fome of the beft experienced of euerie eftate to confidder of the particu- laris, thair opinioun wes fo hairtelie approued, bothe in articlis and pub lict parliament, that it wes thoght to be one of the moft pouerfull induce ments to procure fo free and hairtie confent to the grite fowme of the 436 THE MELROS PAPERS. ordinair taxatioun, and to gif way to the novaltie of the taxatioun of an- nuelrentis, thinking that the forbearance of wafte vfed of befoir vpoun fuperfluous apparrell and banqueting, fould inable the fubiectis to gif the more abundant fupplee to your maiefteis affairis. And now, yf the pri uat fute of couetous marcheantis, preferring thair iniuft gayne to the pub lict benefeit, fould, by importunitie or fals fuggeftionis, procure the fubiectis to be defraudit of the effect of that courfe, whilk, by your maiefteis royall fauours, wes fetled for the cuntreyis goode, it might occafioun a grittar greif to the fubiectis, nor the pretendit intereft of the trade, and of the cuftomes formarlie payed to youre maieftie for goodis of that fort could counteruale ; fince no bipaft diligence of the cuflomaris and fearche- ouris could impede the craft of the marcheantis concealing of thefe paf- ments of gold, filuer, and filk, and otheris fmall wairis of that kynd, and by tryell of the cuftume reffaued for all thefe fortis of wairis, the fowme of youre maiefteis cuftume being fund by ws not to exceid the fowme of ij00 lib. Scottis, the commodityis whilkis may be imported with the ftok, whilk wes formarlie bellowed vpoun pafmentis and other fuche marche- andice, will, in our opinioun, equall that quantitie of cuftume vfed to be payit for that, whilk is now prohibite ; fo as we can foirfie no preiudice to your maieftie in allowance and executioun of the act of parliament, and reiecting the marcheantis partiall fute. And towcheing the aggreement with the toun of Edinburgh, for thair taxatioun, that mater, vpoun the directioun of your maiefteis firft lettre, wes fatled and putt to a pointe vpoun the 22 of this inftant, and we haif aggreit with thame, for fourtie thowfand pundis in fatiffactioun of thair whole taxatioun, ordinair and extraordinair, to be payit at the foure termes of the taxatioun ; towitt, ten thowfand pundis at euerie terme, quhilk fowme being conferrit with the ordinair taxatioun of the faid burgh, ex tending to foure thowfand, fevin hundreth lxxxxj lib. termelie, will amount to more nor the double of the faid ordinair, and will anfuer in propor- tioun to a ftok of aboue auchtene hundreth thoufand merkis, whilk is more, nor in oure opinioun, wald haif come to light within the faid burgh. And towcheing your maiefteis laft lettre, for the collectorie of the taxa tioun, your maieftie hes alreddy maid choife of the Erie of Mar for that THE MELROS PAPERS. 437 charge, whofe patent is exped youre preuie feale, and he is to fupplee that feruice freelie, without ony fee for his trauellis. The nominatioun of the vnder collectouris, who ar to be imployed to charge for the taxatioun, apper- teyneth to the principall colleetour, feeing he muft be anfuerable for thame, and he hes imployed nane, bot thefe that wer imployed in the pre ceding taxationis, and vpoun thefe fame conditionis and allowanceis, to witt, xijd of the pund ; quhairof, yf, after confideratioun and heiring of the comptis, ony defeafance falbe thoght neceffair to be maid, and that ony fuperplus fhall appeir to aryfe, the fame fall accrefce vnto your maieftie ; and we falbe verie circomefpect and cairfull, that, at the making of the faidis comptis, no vnneceffair, idill, nor fuperfluous allowanceis falbe ad- mittit. This being the effect and fubftance of oure procedingis in thir three particularis, we humelie prefent the fame to youre maiefteis confidera tioun, and will humelie befeeche your maieftie to accept the fame in goode pairt, as proceeding frome fuche groundis and warrandis as, in oure opi nioun, tendis moft to your maiefteis honnour and benefeit, and weele of the cuntrey. And fo, praying the Almightie God to watche ouer youre facred perfone, and to bliffe your maiefteis reignn with the continewance of mony lang and happie yeiris, we reft for ever Youre Maiefteis moft humble and obedyent fubiectis and feruitouris, Al. Cancell3. Morton. Melros. Nithisdaill. A. Mar. Carnegy. Sanctandrews. W. Oliphant. Lauderdaill. George Hay. Edinburgh, 29 Nouember 1621. To the King his moft facred and excellent Maieftie. 438 THE MELROS PAPERS. ccliii.—the lords of privy council to king james vi. Most Sacred Souerane, At ane meeting and conference whilk we had this day, anent youre maiefteis rentis, thair wes ane propofitioun maid vnto ws, in name of the citie of Glafgu, that thay might be hard to mak ane offer for the taxa tioun of the annuelrentis within that citie ; and it is lyke aneugh that fome otheris townis, following the example of Edinburgh, will tak this fame courfe. In whilk pointe, becaus we had not commiffioun nor war rand frome youre maieftie to deale, we forboore to medle thairwith, and we haif delayit the geving anfwer thairvnto, till we underftand youre ma iefteis awne will and pleafour thairanent, whilk we will humelie befeeke youre maieftie to returne vnto ws at youre maiefteis beft oportunitie; and yf youre maieftie falbe pleafed to allow of this courfe to be tane with Glafgu, and with fuche otheris townis as fall mak fuite for the lyke, we falbe verie circomefpect and cairfull fo to deale thairin as falbe moft for youre maiefteis commoditie and proffeit. And fo, continewing oure humble and eirnift prayeris vnto God for youre maiefteis lang and happie reigne, we reft Youre Maiefteis moft humble and obedyent fubiectis and feruitouris, Al. Cancell3. Carnegy. A. Mar. J. Hamilton. Nithisdaill. W. Oliphant. Melros. George Hay. Lauderdaill. Edinburgh, the fixt of December 1621. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 439 CCLIV.—THE lords of privy council TO KING JAMES VI. Most Sacred Souerane, We reffaued youre maiefteis lettre, with the petitioun preferrit vnto youre maieftie, be Robert Monteith of Eglifhaw, towcheing the offer maid be him to your maieftie, for a leafe of your maiefteis rentis and cafualtyis of Orknay and Yetland, for fome certane yeiris, and we haif lykewayes hard him felf, and hes conferrit with him vpoun this fubiect, wherby we perfaue that the reffoun pretendit be him for making fuite, is groundit vpoun ane debt of fourty thowfand pundis, alledgeit awand to him be the laite Erie of Orknay, whilk he offeris to difcharge to youre maieftie, and with that to gif vnto your maieftie fourty thowfand merkis of free rent be yeir; wherin, althoght fome fhowe of reffoun wald appeir for preferring of him to this fuite, yitt thair is findrie circomeftanceis con curring thairwith, and depending thairon, alfweele importing your ma iefteis proffeit as the goode of the cuntrey, whilkis, being weele confident, will require a choife to be maid of fome other perfone. For firft, refpect muft be had to the qualitie of the perfone that falbe preferrit, that no juft exceptioun be tane aganis him be the cuntrie people, vpoun occafioun of ony j arris or difcontentmentis betuix thame, becaus he muft be your ma iefteis fchireff and judge of the cuntrie, and in that refpect wald be free of fuche quarellis and contrauerfes, that, vnder the fhadow of youre ma iefteis auctoritie, he corrupt not judgement, nor abufe your maiefteis auctoritie to his awne priuat endis; and of this point we knowe the faid Robert can not cleir him felf. And anent the debt acclamed be him, the natur of that debt, and vpoun quhat ground he hes buildit and fett vp this grite fowme, hes not bene examined be ws. It appeiris, be his difcourfe, that the moft pairt hes growne vpoun ciuile actionis of fpoolyee, eiectioun, violent proffitis, and contrauentionis recouerit aganis the faid erle : and we ar in goode hoip that, after dew tryall and examinatioun of the particu- laris, we fhall bring this maffe of money to ane lower end. Sua, that, in oure opinioun, thair is no reafoun, vpoun pretext of this debt, to gif him 440 THE MELROS PAPERS. ony defalcatioun of your maiefteis dewitie, bot to remitt him to the courfe of law, wherin he may expect iuftice accordinglie. And yf your maieftie fall tak the payment of this debt vpoun yow, the example thairof will draw vpoun your maieftie the burdyne of ane infinite nomber of otheris debtis of this kynd, more dew to be payit nor his. The laft point to be confid- derit is your maiefteis commoditie, quhairin thair is ane offer of fourtie fyve thoufand merkis maid vnto ws, in name of Sir Johnne Buquhannane, whilk offer, conjoyned with the honnour and difpofitioun of the man, who is knowne to be peaceablie difpofit, and weele loued in the cuntrev, and who wilbe affifted with the hairty wifhes of all the cuntrey people to haif him defignit for this place, makis ws rather inclyne to him nor the other; and the rather becaus he is refponfall, and offeris goode cautioun for yeirlie payment of his dewitie, and to accept his tak with conditioun of clauffes irritant. Bot heirin fubmitting our felffis to your maiefteis awne pleafour, quhairunto we fhall conforme our felffis ; and, in the meantyme, quhill the returne thairof, whilk we humelie wifhe to be fo foone as your maiefteis more weyghtie adois will permitt, we fall not be negligent to draw this rent and dewitie, als far heighair as poffibillie we may. We pray God to watche ouer your facred perfone, and to bliffe youre maieftie with mony lang and happie yeiris, and we reft for euer Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Melros.A. Mar. George Hay. W. Oliphant. Edinburgh, xij December 1621. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 441 cclv— the lords of privy council to king james vi. Most Sacred Souerane, Thair wes ane fignatour vnder your maiefteis hand prefented to be exped be ws, contening a gift of penfloun of three thowfand and fax hundreth pundis Scottis to the Lord Kinclevin, his airis, and affignayis, with fpeciall affignatioun, to be payit oute of your maiefteis rentis of Orknay and Zetland ; whairin, althoght we acknouledge your maiefteis fauour and bontie to that nobilman, whilk we ar verie willing to furder, fo far as the credite and dewitie of oure placeis will allow; yitt, we mon crave permiffioun humelie to prefent vnto youre maieftie oure fimple opinionis concerning this fignatour in the forme and tennour as it is con- faued and drawne vp. And firft, it can not ftand with forme nor ordour, nather can it be warrandit by cuftome or example, that penfionis falbe gifted indefinitlie without limit or terme, to airis and affignayis, and no precedent can be fhowne in the lyke caife, whairupoun ony warrand may be pretendit for this fignatour : nixt, it is not expedyent that affignationis falbe gevin oute of your maiefteis propirtie ; and moft vnfitt, for mony con- fiderationis, that your maiefteis propirtie of Orknay and Zetland falbe burdynnit that way, becaus the confequence and example thairof in the generall may produce mutche harme, and in proces of tyme will draw your maiefteis annext propirtie to a verie fmall accompt; and yf way falbe gevin vnto thame, your maieftie wilbe continuallie impefhed for grantis of that kynd, and your maiefteis whole propirtie, whairupoun the burdyne of the affairis and eftate of this kingdome dependis, wilbe eatin vp, and yf ony intervening occafioun, importing your maieftie in honnour and cre dite, fhall occur heir, all laughfull and ordinair meanis to advance the fame wilbe cutt of. And thairfoir, feeing youre maieftie is gratiouflie difpofit to benefeit that nobilman with a penfloun, oure humble aduife vnto youre maieftie is, that he haif it to him felff for a limit and fett tyme, 3k 442 THE MELROS PAPERS. to be payit oute of youre maiefteis rentis and cafualtyis, without ony par ticulair affignatioun for his payment ; and, in fo doing, the ordour and natur of fuche giftis wilbe preferuit, and the nobilman may expect als fauourable payment as the importance of your maiefteis weyghtie affairis will permitt. And fo, humelie craving your maiefteis pardoun for this oure prefumptioun, being drawne thairinto for difcharge of oure dewyteis in the credite and truift your maieftie repoifis in ws, we pray God to bliffe your maieftie with a lang and happie reigne, and reftis Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Melros. A. Mar. George Hay. W. Oliphant. Edinburgh, 13 December 1621. To the King his moft facred and excellent Maieftie. cclvi.— the lords of privy council to king james vi. Most Sacred Souerane, We reffaued youre maiefteis lettre, by the whilk youre maieftie hes recommendit vnto ws the tryeing and pvnifheing of fuche perfonis, who, contrarie to youre maiefteis lawis, hes tranfportit gold and filuer furthe of this kingdome, by impofing of fynes and penaltyis vpoun thame, anfuerable to the natur and qualitie of thair offenfes; quhilkis fynes youre maieftie, by the tennour of the faid lettre, hes beftowit vpoun Sir George THE MELROS PAPERS. 443 Bruce, and hes ordanit ane fignatour to be exped to him thairupoun. As we acknowlege, with all deu refpect, youre maiefteis fauouris to that gen tleman, whofe mony goode feruiceis done to youre maieftie, and whofe generous difpofitioun and conftant refolutioun in the profequutioun and following oute of mony worthie and proffitable workis in this kingdome, hes deferued fome toikine of youre maiefties princelie rememberance, wherunto we falbe fo far affifting, as the credite and dewitie of oure placeis will allow; yitt, the truft that youre maieftie hes repoifed of youre af fairis in ws, obliffes ws to foirfee youre maieftie with the inconuenientis that we find in the forme and nature of the fignatour, as it is generallie ordanit to be exped; not that we will thairby prefoome to interrupt the courfe of youre maiefteis fauour to that gentleman, bot that we may vindicat oure felffis frome the imputatioun of vndeutifull feruandis, in not oppofing aganis formes whilkis ar not allowable in youre maiefteis exchekquer. For it can not ftand with the order of the exchekquer, that giftis or affignationis of youre maiefteis cafualtyis falbe paft in this kynd, feeing thairby not onlie will grite confufioun aryife in the office of the- faurarie, bot a way wilbe oppynnit to mony importune fuitaris to impefhe youre maieftie with thair petitionis of this kynd, and fwa, in proces of tyme, the office of thefaurarie wilbe fo rent and difmemberit, as it will become ane office onlie in name and fliowe, without mater or fubftance. We mon confes, that the tranfporte of moneyis hes beene, and is too frequent and commoun in this kingdome; bot the fhiftis and fubtilityis of the marcheantis to fruftrat and difapoint the difcouerye ar fa mony, and fo difficle to be obuiat, as hardlie can the abufe be repreft or pvnift: And for remeid heirof, we ar to tak this courfe, that we will imploy the faid Sir George, and imploy his meanes and help for difcouerie of the offendaris; and we ar in goode hoip that his cair and diligence, conjoyned with the expectatioun of gayne, falbe be ane grite furtherance and ad vancement of the buffynes, quhairin we fall fo far proceid aganis the de- linquentis, bothe by impofing of fynes, and pvnifheing of thame in thair perfonis, as the courfe of juftice will allow; and quhat fall aryife to youre maieftie thairupoun, youre maieftie may difpoife vpoun the fame, in whole or in pairt, to the faid Sir George, as youre maieftie fhall think goode. 444 THE MELROS PAPERS. And quhairas it is liklie that fome townis will mak offer to compone in groffe for thair townis, without bringing of the offendaris to a publict tryall, we wald humelie knowe youre maiefteis will and pleafour, yf we fhall aggree with thame in this kynd; quhairof lookeing to be aduerteift be youre maieftie, how foone youre maiefteis more weyghtie affairis will permitt, we moft humelie tak oure leeve, with oure eirnift prayers vnto God for the long continewance of youre maiefteis bliffed reigne over ws, and we reft for ever Youre Maiefteis moft humble and obedyent fubiectis and feruitouris, Al. Cancell3. George Hay. Melros. W. Oltphant. A. Mar. Edinburgh, 20 December 1621. To the King his moft facred and excellent Maieftie. cclvii the lords of privy council to king james at. Most Sacred Souerane, Thair wes this day a petitioun gevin to youre maiefteis counfaill, be Maifter Robert Bruce, humelie craving fome eafe and releiff in that directioun, and charge gevin to him for his confyneing within the burgh of Inuernes, in refpect of the indifpofitioun and inhabilitie of his perfone, and of his grit aige and infirmiteis, quhilkis are incident to aige, quhair- with, as he alledgeis, he is fo far worne, and become fo feeble and waik, as hardlie may he travell ony quhair ; and he offeris to be confynned in his awne houfe, and twa myllis aboute the fame, and never to tranfcend the boundis thairof, without youre maiefteis warrand, as more particularlie THE MELROS PAPERS. 445 youre maieftie will perfave, be his petitioun, whilk we haif heirwith fend vnto youre maieftie. Bot becaus the directioun and warrand for his con fyneing in Inuernes, proceidit frome youre maieftie, we wald not prefoome to medle thairwith, without youre maiefteis allowance. Onlie this far, we ar to fhowe vnto youre maieftie, that, be the fight we had of him thefe twa dayis he wes broght befoir the counfell, we knowe him to be a far decayed and worne man, not able, by probable coniectour and appeirance, to live lang ; and we ar credibillie informed that his worldlie eftate is verie waik, althoght he hes concealed the fame in his petitioun, and that he hes nane of his awne to tak the charge thairof ; fwa that his confyneing fo far frome his awne houfe, and frome attendance on his awne affairis, will altogidder vndoe him. We write not this as ane motiue and argu ment to pleade for fauour vnto him, bot onlie to latt youre maieftie knowe quhat we apprehend anent the difpofitioun of his perfone, and quhat we heir anent his wardlie eftate and fortounis. Remitting the confideratioun, bothe of the one and the other, to youre maiefteis moft pious, grave, and princelie refolutioun, whilk your maieftie wilbe pleafed to caus be returnit vnto ws, quhen the importance of your maiefteis more weyghtie affairis may afford the occafioun. And fo, with oure vnceffant prayeris vnto God for your maiefties lang lyffe, happie reignne, and profperous eftate, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Wemis. Melros. George Hay. Aberdene. W. Oliphant. Lauderdaill. R. Cokburne. Al. Elphinston. Archibald Naper. Edinburgh, 22 Januair 1622. To the King his moft facred and excellent Maieftie. 446 THE MELROS PAPERS. CCLVIII.— EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, Vnderstanding, by my Lord Chancelar, that the Earle of Kellie, by his letter, had fignified to him, that it wes your royall pleafour, that I fould aduertife what order wes prefcriued for the timelie and con venient fearch of pearles in this kingdome, with the effects thairof. For obedience of your maiefties commandement, by the letter firft fent to me for that pourpofe, I conferred with the Lord Chancelar and Aduocat, and by their aduice and concurrence, directed commiffions to Sir Robert Gor don, and, in his abfence, to his brother Sir Alexander, for Sutherland ; to the Lord of Kintail, for the waters in Rofs ; and to Mr Patrik Mait- land of Auchincreif, for the waters of Eythen, and others within the fchirefdome of Aberden : with power to Maifter Patrik Maitland to receiue all the pearle that fould be found to youre maiefties vfe, geuing due fatiffaction to the takers therof. I haue not hard of the effects of Sir Alexander Gordons diligence, but haue of new remembred him, by letter, of your maiefties direction, and his owne dutie. I haue fpoken with the Lord Kintail, in this towne, who fayes he hes not hard of any pearle taken, fence his commiffion, in the waters of Rofs. Maifter Patrik Maitland perfewed fome men of Aberdene, before the counfell, for thair vnlaufull buyeing of pearles, fince the proclamation ; who compeiring, fome con- feffed a fmall quantitie of pearle of no valew, the reft, being fworne and examined, denied. Order wes taken with the contravenars, and they acted vnder great panes to abfteane from that trade; and the proclama tion commanded to be of new publifhed, to reftraine the abufe of vnlau full buyeing. I am informed that their are findrie other riuers in this kingdome where pearles ar found; as the water of Forth, the waters of Cart befide Paiflay, and fome waters in Galloway; but I heare not of any pearles of wourth found thairin, except verie rarelie. If it pleafe THE MELROS PAPERS. 447 your maieftie to make choice of any dwelling in thofe cuntries, to take charge of the riuers, commiffions fall be giuen as they fall be directed. So, prayeing God long and graciouflie to preferue your maieftie, the pearle of kings, I reft Your facred Maiefties moft humble and faithfull fubiect and bund feruant, Melros. Edinburgh, penult of Januar 1622. The fchip of Oftend, which wes at Monrofs, hes been rencountred at fea be a waghter of the eftates, and fo miferablie beaten, that fcho wes to ffie to Stanehyue, vnable to be repaired for vfe or feruice, as we heare. Laft of Januar 1622. To the Kings moft facred Maieftie. CCLIX.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Haveing by oure formar lettre, of the laft of Junij, prefented vnto youre maieftie, oure opinioun, concerning the tua remiflionis figned be your maieftie, and defyrit to be exped be ws ; the one in fauouris of Sir James M'Donald, and the other in fauouris of M'Rannald, with the reffonis moueing ws to fuperfeid the paffing of the fame, till we fould vnderftand forder of youre maiefteis pleafour thairanent : We knowe, 448 THE MELROS PAPERS. that the importance of youre maiefteis more weyghtie affairis, hes not offerit the occafioun vnto your maieftie, to returne vnto ws your anfuer thairanent; and now we vnderftand, that M'Rannald is come to this cuntrey, leaneing to a protectioun grantit be youre maieftie to him, vnder your hand and fignett, and without ony directioun or warrand for taking ordour with him anent his futur obedyence and quietnes; quhairin, althoght we will efhew to be curious, towcheing the particularis of youre maiefteis purpois in that mater, yitt the trufte that youre maieftie hes repoifed of youre affairis in ws, obliffes ws, in dewtie and alledgeance, to prefent vnto youre maieftie oure fimple opinionis, concerning that man, whofe bipaft lyffe and conuerfatioun hes bene fo lewde and violent in bloode, thift, reafe, and oppreffioun, that to this hour he neA'er randerit obedyence, and he wes not only the contryvair and plottair of the faid Sir James his efchaip and brek of warde, bot a principall actor in the rebellioun that followit thairupoun, the fuppreffing quhairof wes fo chargeable vnto youre maieftie, and troublefome to the cuntrie ; and Ave can expect no thing frome him in tyme comeing, bot a conftant con tinewance in the villanyis, quhairin he hes bene broght vp, and hes fpent the reft of his vnhappie lyffe. And whereas now the whole His and Con tinent nixt adiacent, ar in a maner reduceit to obedience, and no publict diflbbedyence profeft, bot be Allane M'Eandny, fader in law to this manis eldeft fone, youre maieftie may confidder, how far others lymmaris, wick- edlie difpofit, and not yitt fullie fatled in obedience, may be encourageit, vpoun the example of this man, and hoip of impvnitie, to offend : and yf he, with the other lymmair M'Eandny, fall joyne togidder, according to thair wounted maner, as appeirandlie thay will do, nomberis of infolent per fonis, who now lurkis, and ar quyet, will brek lowfe and follow thair fortounis, quhairvpoun griter difordour and vnquietnes Avill aryife, nor wilbe weele gottin fatled. The confideratioun quhairof, conjoyned with the example and confequence depending thairon, hes enforced ws, oute of that dewitie quhilk Ave owe vnto youre maieftie, moft humelie and fub- miffiuelie, to fhowe vnto youre maieflie, quhat we apprehend concerning this particulair, quhairin Ave haif no other refpect nor confideratioun, bot the peace and quietnes of the cuntrey. And yf youre maieftie falbe THE MELROS PAPERS. 449 pleafed to fend vnto ws, ony directioun concerning this man, we falbe cairfull to fee the fame execute accordinglie : And fo, praying the Al- mightie God to watche ouer youre facred perfone, and to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Al. Cancell3. Melros. A. Mar. George Hay. Halirudhous, xxi of Merche 1622. To the King his moft facred and excellent Maieftie. cclx.— the lords of privy council to king james vi. Most Sacred Souerane, Whereas youre maieftie wes pleafit, tua yeiris fyne or thairby, to recommend vnto ws the fatling and remoueing, by ane amicable forme and maner, the deadlie feade Handing betuix the Lairdis of Cultmalundie and Monyvaird, and thair freindis, vpoun occafioun of the flaughter of the Laird of Monyvaird, and to move the pairtie greeued, to accept of fuche offeris, as the offendaris might reafounablie performe ; we accord inglie write for fa mony of the freindis, as we knew to haif cheif intereffe in that mater, and vfed the beft meanes we could, to haif broght the fame to fome freindlie dreffe ; bot that dyet being caffin of, vpoun alledgeance that fome of the fpeciall freindis wer omittit and not writtin for, we ap pointit a new dyet, and write for the whole freindis that wer gevin vp, who returnit thair anfwer to ws in write vnder thair handis, that thay 3 L 450 THE MELROS PAPERS. could not medle in that, mater, nor tak burdyne for Monyvaird, who is the principall pairty haueand intereffe, in refpect of his minoritie : whair upoun the mater defertit, and we could go no forder thairin. At this fecund dyet, Cultmalundie, eldair, exhibite befoir ws offeris in write vnder his hand, maid to the pairtie, contening the fowme of ane thowfand crownes for the aflythement of that flaughter, with the banifhement of Alexander Bruce, his fone, and George Tyre, meflinger, who wer al ledgeit to be the actuall flayaris of Monyvaird, during youre maiefteis pleafour ; and at that fame tyme, we caufit him gif fatiffactioun to Dun- cane Campbell and Dauid Malloche, who wer deadlie hurte quhen Monyvaird wes flayne, by payment making to thame of tua thoufand pundis, quhairupoun thay haif gevin ane difcharge of thair intereffe in that mater, as the fame, produceit befoir ws, bearis. This feade hes altogidder vndone auld Cultmalundie, for his eftate is exhauftit and Avrackit, and he is become verie waik of his iudgement and vnderftand- ing, by the greif that thir troublis hes broght vpoun him, whilkis wer the occafioun of his wyffis deathe, and of the exyle and banifhement of his fones and freindes now be the fpace of foure yeiris; in the whilk exyle, tua of his freindis, of goode rank and qualitie, hes depairtit this lyffe. This being the effect of oure dealing in this buffynes, we haif beene in- treated be the pairtie, humelie to prefent the fame to youre maiefteis confideratioun. And fo, continewing oure vnceffant prayers vnto God for youre maiefteis lang and happie reigne, we reft Your Maiefties moft humble and obedient fubiectis and feruitouris, Al. Cancells. Melros. A. Mar. George Hay. Halirudhous, xxi of Marche 1622. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 451 CCLXI.-THE NAMES OF THESE QUHA AR DECLAIRIT FUGITIUES FRA THE JUSTICE COURT, HALDIN AT DRUMFREIS, THE XXI, XXU, AND XXIIJ DAYES OF MAYE, 1622 YEIRIS. James Johnftoun of Lochhous. Robert Grahame, his feruitour. James Douglas, his feruitour. James Johnftoun in Croftheids. James Johnftoun, called of Braikinfyde. Williame Achefoun of Powcornall. Jaffray Irwing of Robgill. Chriftopher Irwing, his foun. Alexander Irwing in Boydkin. Thomas Taggart in Chappellknow. Johne Irwing, alias Lyttill Boy, in Stapletoun. Gib Irwing, alias Gib of Langfyde. Margaret Armeftrange, callit the Wairding. Thomas Armeftrange, hir foune. Archbald Lyttle, fometyme at Quhytliefyde. Richat Irwing of Wodhous. Williame Makcaige in Porterftoun. Edwart Johnftoun in Siefeild. Geordie Armeftrange, callit Airchies Geordie. Williame Robfoun in Hoilhous. THE NAMES OF THESE THAT PAST TO ANE ASSYSE AND CLENGIT. Mathow Littill in Newlandis. Alexander and John Littillis, his founes. Willie Armeftrange, callit Pavunes Willie. 452 THE MELROS PAPERS. Thomas Lyttell in Barkclaes. Syme Armeftrange, callit Qwhythauche. Hector Eliot in Rig. George Colhart, feruitour to Jaffray Irwing. Ritchie Irwing, callit Gawins Ritchie. George and Williame Litfters, bretheren, in Wyfbie. Johne Achefoune in Coryphen. Thomas Lyttell in Dowglen. THE NAMES OF THE PERSONIS CONVICT. Johne Armeftrange, called Bauld Jock, executt. Adame Henrye in Logane, feruitour to Captane James Johnftoun of Lochhous, executt for thiftis committit ather with his maifter, or be his di rectioun. Gilbert and George Irwingis, bretheren, callit Quhytclocks, execuit. Walter Littell in Bombie, execuit. Thomas Moffat in Hietas, execut. Adame Mairtene, foune to Robert Mairtene in Logane, convict for ane pair of doore bandis of iroun, and fome furlot of victual!, referueit with out dome, till we be advyfeit with the Lordis of Counfall. Thomas Warrik in Pottum, convict of tua nolt, perteyning to ane Ingliche man, quho wantit four : the nature of his convictioun being, that he, haueing put the faid nolt in graffing to ane other, the nolt chal- lengit be the Inglifcheman into the other manis aucht, quho had thame in graffing, callit Archie Lyttell ; Lyttell renderis the nolt to Warrick agane ; and quhen the Inglifhman comes to fpeir for the gudes at Lyttle, quher he challengeit thame firft, Lyttill gois with him to Warrick, quho denyes the faid guides; fua the queftioun ftanding debaittable betuixt the faid Lyttle and Warrick, both palling to ane affyfe, Warrick being convict, we think hard to giue dome of lyfe vpoun him, fence it is not cleir, but be prefump tionis, that thefe was truelie the Inglifhmanis guidis, quhilk he reffaueit bak agane, or gaue for graffing to Lyttell; hes ordaneit him, of the red- THE MELROS PAPERS. 453 dieft of his gudes, to repaye the Ingliffiman his nolt; hes kept him in pryffoun, and continueit dome, till we be farther advyfeit with the Lordis of Counfall. To the richt worfhipfull my moft refpeeted and fpeciall gude freind, Maifter Murraye of Lochmaebene, one of his Majefteis Bed- chalmer, Thefe. CCLXIL— EARL OF MELROS TO JOHN MURRAY- Sir, His maiefteis gracious refpect to my humble fute for Maifter Thomas Henderfon, after. innumerable other preceeding great benefites, do fo far exceed my feruice, eurie way defectiue but in fidelitie, that I can rander no thing therfor but my feruent prayers, which I daylie make to God, for his long and profperous life and eftate, and requeft yow to frie me from reproach of foule ingratitude, by prefenting to his maieftie moft humble thanks, in my name, for that, and all other his infinit royall fauours to me. My former recommendations for the lords Carnegie and Durie fand grace in his maiefties eyes, and their behauiour hes giuen, and 1 hope fall giue, fuch contentment to his people, in thair charge, as fall procure from their heartes true praifes to his maieftie, and thanks to God for his care of juftice to be miniflred to them. Maifter Thomas Henderfons learning and carriage in the commiffariat, and faithfulneffe in his bypaft feruice to his maieftie, promifes continowance and encreafe of his honeft endeuours in this more eminent place,* wherin he fall haue my beft counfels and encouradgements. So, befeeching God to prolono- * Sir Thomas Henderson was admitted a Lord of Session 6th June 1622, in place of Sir Lewis Craig. 454 THE MELROS PAPERS. his maiefties health and life, and accompliffi his royall defires, I wiffi yow all happineffe, and reft Your oblifhed freind to be commanded, Melros. Edinburgh, 28 May [1622?] To the right worfhipfull John Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. cclxiii.—earl of melros to john murray. Sir, By my letters of the fixt, I declared the eftate of youre owne affaires, and of my lord Chancelars fickeneffe, which God hes turned to the beft, and giuen fo good beginning to his health, as I hope letters, wretin with his owne hand, to the earle of Kellie, fall accumpanie this packet, and declare that his paine is ended, and no trouble remaines but weakeneffe efter a dangerous difeafe, albeit it hes beene of ffiort con- tinouance, praifed be God. I know his maieftie will be glade to heare from yow, that fo auncient and worthie a feruant is yet able to hue, and continow in his wonted good affection, to do his maieftie faithfull and profitable feruice. So, having no other fubiect of writing at this time, I commit yow to God, and reft Your oblifhed and euer obedient freind, Melros. Edinburgh, 10 June [1622?] To the right worfhipfull Maifter Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. THE MELROS PAPERS. 455 CCLXIV.—EARL OF MELROS TO JOHN MURRAY. Sir, Before the packet go, I expect the Earle of Mars returne from Alloua, and then fall refolue and aduertife yow of your affaires with him, and returne your letter. Drumlanrick, vfing caption aganis Wamphraes brother, foght concur rence of young Lag, as one of your deputes, who, offering his affiftance, fand no obedience. The hoAvfe of Wamphra is belawed, and commiffion giuen by the counfell to Lag, to vfe his maiefties autoritie ; and for noti- fieing your power, and thefe whom ye haue appointed, I haue caufed direct from the counfell, publication of your place in the commiffion, .and names of thefe whom ye haue deputed. I wrote with regrait of my lord Chancelars dangerous fickeneffe, and therefter, by information of his feruants, wrote, by my laft, of better hope of his recouerie, wherof there is now fo litle appearance, in the judgement of his phifitions, as we haue all conceiued greif for the danger of his life, wherof ye fall know more before this letter clofe. By my firft vpon this fubiect, ye knew that I wes fo farre from blind ambition, as I wiffied his maieftie might vnderftand by yow, how vnable I wes to fufleane the bur ding I will beare, during the vacancie of that place. I haue ftriuen to difcharge that wherewith his maieftie wes graciouflie pleafed to honor me, and will ftill endeuour my felf to continow fo long as God giueth me ftrength; but the impofing of farder would ouerburding me, and ther- fore I humblie wifh, that, if my lord Chancelars difeafe ouercome him, vpon knowledge therof, his maieftie may make choice of any whom he, in his excellent wifdome, judges moft fit for that great place, to whom I may giue my faithfull and readie concurrence, and be exonered of that ouer- charge, which will oppreffe me, whill fome worthie officer he fetled by his maieftie in that place. Since the writing of what preceedis, I vifited my lord Chancelar, who remembred our long coniunction in his maiefties 456 THE MELROS PAPERS. feruice, and our ancient acquentance and freindfhip, which he defired me to remember in the lawfull affaires of his ladie, children, and freinds, which I promifed, and fall, God willing, performe. He is extreamlie weakned, and in fmall hope of recouerie, which is heavelie regrated be many of all eftates. The earle of Mar is now come, and, by conference, hes affured me, that he fall readelie renunce all right, he or his fonne can pretend to any land of yours, wherof I likewayes fpake with Mr Th. Hope for the furetie, and fall fie things perfited before farder be done in the action; and fo I returne heirwith your letter, as ye defired, and wifhing yow all happines, I reft Your faithfull, affectionat, and obedient freind, Melros. Edinburgh, 13 June [1622?] To the right worfhipfull John Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. I know ye will be glade to heare, that thair is newes come to me of better hope of my lord Chancelars recouerie, which I pray God encreafe. cclxv.— earl of melros to king james vi. Most Sacred Soueraigne, Your maiefties letter, commanding Dunkerkers, being in the herbrie or roade of Leith, to be vfed as fubiects of a prince, in freindfhip with your maieftie, and to be furnifhed of neceffares for themfelues or their fhippes, at reafonable rates, wes prefented to your counfell, vpon the el- THE MELROS PAPERS. 457 leuint of this moneth, and affurance giuen to the bearer and capten of the ffiip, that, behauing themfelues peaceablie, they fould be no worfe vfed nor your maiefties owne fubiects. Commandement wes then giuen to the proueft and bailies of this towne, that they and their water bailie in Leith, fould fie your maiefties will in that bufines fullie accomplifhed. The fhip lay in the roade, and the fouldiours repaired to land as they pleafed, till Wednifday at night, that two Holland waughters arriued, and fand a pinage of theirs neere the Dunkerker, who, about one in the morning, affailed the Dunkerker, who made good refiftance, and firft re- pulfed them from bourding, and therefter by the fpace of two houres, in terchanged a great nomber of fhot on either fide, and many wounded. Before foure, fome of the Dunkerkers, who were a land, and faw what had hapned, came and aduertifed me that the combat wes onlie furceaf- fed, becaufe the ebbing fea had broght all the fhippes on ground, who, fo foone as the water fould rife, would renew their combat, which they prayed me to prevent. My Lord Chancelar and Thefaurar being ab- fent, I made fpeedie warning to the fmall nomber of counfellors being in towne, to conveene, and directed the proueft and bailies to come before them, and likewayes fent for the conflable of the caftell and admirall de pute. Meeting firft with the magiftrates, I directed them to warne their citizens to be in armes, readie to marche whether the counfell fould com mand them for your maiefties feruice, and commanded the conflable to haue the cannoners, with ordonance, and all neceffarie furniture, readie to be employed in your feruice, by the counfell : Who, conveening, fent a charge with the water bailie, with ane herald and trumpetour, to com mand both parties, in your maiefties name, to keepe your peace, and for beare inuafion one of another, vpon the land or narrow waters, and that each fhip fould fend a principall man to the counfell. Which being obeyed, I told the Hollanders, in your maieftie and your counfels name, that great offence wes taken at their prefumption, to trouble any man, being fubiect of a prince in amitie with your maieftie, in the verie mouth of the principall her- brie of this your kingdome, they of all others being moft bund in humble re fpect to the effects of your royall fauour to them, notour to all the world. 3 M 458 THE MELROS PAPERS. They excufed the mater, compleaning that the Dunkerker had, within your maiefties waters, affailed and forced their cuntrie ffiippes, killed of their men, and had deteaned a nomber of prifoners, whom, they requiring to be rendered, the others refufall to do them reafon, had made them to repaire violent injurie by laufull inuafion, and defired that the counfell might caufe the Dunkerker reftore their men. I anfuered, that your maieftie wes freind to both, but that your counfell wer not to be arbiters of their controuerfies, but freindlie receiuers of both parties, who fould behaue them felues peceablie, and of new commanded them to forbeare all violence to their aduerfars in this cuntrie, or your maiefties narrow waters : and therefter, calling for the Dunkerker, told him of the Hol landers complaint and wrong done by him, on your maiefties coaft, which he denyed, affirming that what he had done wes in the rowme feas. We proponed the reftitution of the prifoners, which he excufed ; but both promifed to keepe your maiefties peace. The Dunkerker defired per- miffion to enter the herbrie of Leith, which wes granted, and 1 think the others will do the like. The admirall depute wes directed to try what the feamen at Leith could performe, if we had found any of the ftrangers dif- obedient. He reported that they were altogether vnable, and faw no way to force them to obedience, but by bringing ordonance from the caf tell to the fhoare, to ding them fo long as they fould be within ffiot. If they fall keep promife of obedience, we will be releeued of that difficultie at this time ; but I will humblie befeech your maieftie to confider and direct what courfe, your counfell fall take at the like occafions, which may frequentlie occurre heirefter, inrefpect of the nomber of warre ffiippes of both parties, in thir feas of late, now liklie to continew, vnles your maieftie, by your excellent wifdome and royall autoritie, prevent it. We haue commanded the captaines of both parties to be before the counfell tomor row, and are informed that he who hes charge of the Hollanders, is called Monfieur de Hautain, and is admirall of Zeland, of good qualitie and accompt amongis the eftates. This accident hes giuen ws proof of the incommoditie of my Lord Chancelars abfence, who hes bene fo ficke thir fiftene dayes, that mens THE MELROS PAPERS. 459 hopes and difpaires of his recouerie have many times changed. He is eafed of his paine, but fo weake, as, if he efcape, which is greatlie wiffied, it will be long before he recouer his ftrength ; and if he deceafe, your maiefties feruice may neither admit delay of the appointing of a fuccef- four, inrefpect of my infufficiency to fufteane the burding during the va- cancie, nor can it be fupplied but by one of greateft autoritie, faith, and fufficiencie within the kingdome. They ar all fo well knowne to your maieftie, and your royall judgement is fo excellent, and loue to your fub iects fo notour, as none can dowt of the perfection of your maiefties choice. So, praying God to preferue your maieftie many happie yeares, Ireft Your Maiefties moft humble and faithfull fubiect and feruant, Melros. Edinburgh, 13 June [1622 ?] at night. [To the Kings moft excellent Maieftie.] CCLXVI.-THE EARL OF MELROS TO JOHN MURRAY. Sir, The inclofed will informe yow of my defire of your freindlie help in the maters may occurre throw occafion of my Lord Chancelars de ceafe ; and if ye think that the fight of my letter may moue his maieftie 460 THE MELROS PAPERS. to releeue me of the burding wherwith fome men wold ouerwhelme me, I pray yow vfed according to your freindlie difcretion. I reft Your moft oblifed and obedient freind, Melros. Edinburgh, 16 June [1622?] To the right worfhipfull John Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. CCLXVIL— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, It hes pleafed God, this moirning, to call to his mercie, frome this mortall lyffe, the laite erle of Dunfermlyne, your maiefteis faithfull and truftie counfellour, by whofe deathe we ar depryued of grite affiftance, folide counfell, and perfyte refolutioun, whilk by him we had in your ma iefteis affairis, and of whofe panefull trauellis, cair, and diligence in your maiefteis feruice, we can beare goode record. Bot feeing, in Godis ap pointit tyme, he hes compleit his courfe, to the regrait of all your maiefteis goode fubiectis, we could not omitt of dewtie, in regaird of the grite and honoura ble place, whilk he held in this eftate, to gif notice of his deathe vnto youre maieftie, and thairwithall humelie to befeeke your maieftie to latt ws knowe, quhat your maieftie will gif, in directioun to ws, concerning your affairis and feruice, till your maieftie fall haif tyme and laifer to think vpoun a new choife to be maid for that honnourable place, whairof we perfuade oure felffis, that youre maieftie, oute of your awne excellent iudgement, will confidder that the affairis can not, Avithout preiudice, admit ony lang delay* THE MELROS PAPERS. 461 and that choife falbe maid of fuche a fitt perfone, whofe giftis wilbe anfuer able to that heigh imployment. And fpecialie, we ar to recommend vnto your maieftie the neceffitie of a prefent choife, to be maid of fome per fone whome your maieftie will trufte with the keeping of your maiefteis cafffiett, becaus the difpatche of all the publict affairis of the ftate, alf- weele concerning your maieftie as youre fubiectis, quhairunto your ma iefteis hand, vnder the cafffiett, is requifite, dependis thairon. In the meantyme, we haif thoght it expedient that your maiefteis grite feale falbe reffaued and keeped by ordour, to be prefcryued be your counfell, who wilbe anfuerable that no vfe falbe maid of it, till your maiefteis goode pleafour, falbe thairin knowne vnto ws, at whilk tyme the feale falbe de lyuerit to fuche as your maieftie falbe pleafed to command. And fo, with oure humble prayeris vnto God for your maiefteis lang and happie reignn, Ave reft Youre Maiefties moft humble and obedient, A. Mar. WlGTOUN.Sanctandrews. Melros. Ja. Glasgow. Aire. Edinburgh, 16 Junij 1622. J. Erskyne. Carnegy. J. Cokburne. J. Carre. J. Hamilton. R. Cokburne. W. Oliphant. ScOTTSTARVETT. Geo. Areskyn. CoNSERUITEUR. Weemis. To the King his moft facred and excellent Maieftie. CCLXVIII._EARL OF MELROS TO JOHN MURRAY. Sir, I haue receiued your letter of the tent, and having wretin by the packet, caried be George Bailie, who parted vpon Sonday laft, of my Lord 462 THE MELROS PAPERS. Chancelars death, and, in a letter to his maieftie, told what order wes in tended for keeping the great feale and cafchet clofe vnvfed, till his ma ieftie fould be pleafed to giue warrand for exercice therof, we expected that they fould haue beene prefented to the counfell vpon Tyfday, but that wes delayed vpon an excufe knowne to be true, that the Earle of Winton, who now hes thame, had beene fo ouerwatched ten or tuell nights attending his vncle in his fickenes, as not going to bed but verie feldome, wes much altered, and not able to compeir vpon Tyfday. We expect his prefence vpon Thurifday, and therefter ye fall know what farder is done theirin, that by yow his maieftie may be informed of the counfels diligence. But, as I wrote before to yow, vnles his maieftie take fome fpeedie courfe to place in that charge, one of the worthieft and greateft autoritie in this kingdome, there is danger that his feruice may receiue preiudice. A greater part of the burding lyes vpon me nor I am able to beare. Many are able to ferue at tennice, at the corde, who ar vnfit for the houfe. The nobleman latelie deceafed, bearing the weghtie end of the barrow, made my charge light at the lower ftaale, his fufficiencie and autoritie making my tafke eafie, but if I want the like relief by anothers imployment in his place, I may fhortlie incurre his maiefties difpleafour for want of fufficiencie, when I haue vfed the beft intended diligence that can be expected from fo weake an inftrument, for efchewing wherof I haue prayed yow, by all my letters wretin fince the beginning of the Lord Chancelars fickenes, to reprefent to his maieftie the neceffitie of a readie refolution in the choice of a worthie officer in the place now vaiking, and will neuer ceafe to importune yow, whill that bufines be well fetled. For your nighburheid, I wiffi your partie may conforme him felf to reafon, as I think he fould and will, and, if he do otherwayes, if all that are bund to your kindneffe be thankfull, your honeft caufes can not want laufull help ; but I remit that to tryall, and hope the beft of all honeft men. No better refolution can be taken anent my Lord of Stormont bufines, nor that which your letter expreffes. I am forie to heare Pitlour com- pleane of fome new rigour, alledged vfed by my lords people agains him in their nighbourheid, but it is not my part to condemne a freind vn- hard. THE MELROS PAPERS. 463 All that loue yow will allow the good courfe taken by yow for fetling freindfhip with the Earle of Niddifdaill. The Earle of Mar, knowing his maiefties pleafour anent his renuncia tion of his clame as air to the Earle of Douglas, hes giuen in a declara tion generall theranent to the feffion, which is regiftrat in their boukes, and will gaue particular contentment to parties who fall require their in- tereft to be fecured; which I pray yow fignifie to his maieftie. The action betuix him and the Lord Elfinfton delayes vpon other occafions; and what Maifter Thomas Hope will require for yow will be performed : fo, wifhing yow all happines, I reft Your obleifhed and obedient freind, Melros. Edinburgh, 19 June [1622.] To the right worfhipfull John Murray of Lochmaben, one of his Maiefties Bedchamber, at Court. CCLXIX.-THE LORDS OF SESSION TO KING JAMES VL Most Sacred Soueraigne, In the action moved be the Erll of Mar againft the Lord El- phmftoun touching the lands of Kildrymmie, it hath pleafed your maieftie being informed of a reafonable caufe, which may difhable your maiefties owne Aduocat to difcharge his dewtie in that pleading, to fubftitute Sir Alexander Gibfon of Dune, knight, one of our ordiner nomber who 464 THE MELROS PAPERS. thogh in all humilitie and reverence, did offer him felff moft readie and will to embrace and obey, without exceptioun, all your maiefties com- mandements, yet, finding this motion new and ftrange, proceeding rather from the inftant fuite of a partie, nor any other warrantable ground, did wiffi vs to tak the famyn to our confideration, and let your maieftie knowe our judgement and opinion thairanent; and when Ave fund, it did in con- fequence touch the whole body, wherof we ar members, we could not weell refufe fo reafonable a defire, bot rather wer vniformelie moved by the diffuafive'reafons following, to reprefent to your maiefties royall wifdome, which is our beft leadflar in doubtis of this kynde, the effects which may enfue, iff this haue any way, as it is now fuited. Firft, the eminent dignitie whervnto your maiefties princelie power hath promoved vs in this place, fhall, by this meanes, be empared, for that hath ever heirtofoir previleged vs, from neceffitie of vndergoing of any inferiour function, bot fpeciallie fuch a charge as this, which can not be difchargit bot at the arbitriment, and be the difpofing of the pairtie informer. Nixt, as it is new and ftrange, fo it is hkewyfe for the preparative, dangerous, confidering how aften the like caice may occur, at leaft the like caufe be pretendit. For, iff it fall be arbitrarie to pairties, imploring the ordinarie ayde of iuftice, to tingle out, vnder the like pretence, any of our nomber, at thair pleafure, it will in end proue both a weakning of our body and ftrengthning off actions; and thefe bad effectis, which this courfe, by appearance, will produce, moues vs to reft affured that your maieftie, out of your royall care, afweell of vs, as the weell of your fubiects, will both foirfee and avert the danger of them, and will rather be gratiouflie pleafed to appoynt that choife of fubftitutioun out of the nomber of advocats, nor our nomber, and the rather in refpect that nomber hath, often before this tyme, beene with good fuccefs the femi- of this place, and the guarden, whence thefe of whome your maieftie ade choyfe for that fervice, haue alwayes bene pluckt and taken. This our opinion on the occafion forfaid, as it doth proceid from our lovall and harty affections, fo we hope ffialbe kyndlie taken by your maiefties fatherlie love, and we our felves be further directed by your maiefties royall wifdome and pleafure, to which, in all humilitie, conform- nane m THE MELROS PAPERS. 465 ing and fubmitting ourfelves, and praying God for all happienes and profperitie to your maiefties royall perfone and pofteritie, we reft Your Maiefties moft devoted and humble fervitours, Melros. T. Henryson. Sanctandrews. Wemis. Lauderdaill. R. Cokburne. Carnegy. J- Cokburne. Meluill. Geo. Areskyn. A. Hamilton. Al. Hay. Kilsayth. Edinburgh, the xxth of June 1622. To the King his moft excellent Maieftie. cclxx.—sir thomas henryson to john murray. Most Honorable Sir, My maift affectionat dewtie premittit : the effectuall proove of your honoris firme freindfchip and affurit fauour, imboldnes me euer to rely vpoune the continewance thairof, towardis me and all myne, as I fall euer think me bound vith ane wndiffoluable obligatioune to your honour and all your, quhill I live, or then be efteamit the vngrateft man leving : and amangfl the reft of your honours courtefies, I muft expect your fauour to, and cair of, ane tender freind of your awin honouris, the commiffarie of Dumfreis, Maifter James Haliday, now in effect your honours fifterfoonne, having mariit your neipce ; his woorth and behauiour, I dout not, fall pleid for him at all handis ; and feing thair is furnifed heir the promotioune of fome noble perfounes, quha hes ordinaire places 3n 466 THE MELROS PAPERS. in Seffioune, to the dignitie of the Chanceflarie, now wacand, throw the deceife of ane moft woorthie and incomparable fubject as euer I knew in juftice feat; it war not amifs to remember your honours deir freind, quha is in fufficiencie not inferiour to ony pretendand : I dout not but his cariage vith tyme will procure his adwancement. The confideratioune quherof I remitt to your honours awin gud pleafure ; and if ony of my freinds aboue can fecound your honours intentions heirin, I will moft cairfully recommend the bufines to thame, as myne awin ; and praying your honour euer to efteame me, as your firmely bound and tyed man, to your honours irrecompenfable fauours, I committ your honour to Gods euerlafting protectioune. Edinburgh, the fourt of Julij 1622. Your honours maift affectionat feruiteur, T. Henryson. To the right honorable and his woorthie freind, Jhon Murray of Lochmabene, gentilman of his Majefties Bedchalmer, at Court, Thefe. CCLXXI.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Whereas the tyme of changeing of the fchireffis, of whome youre maieftie hes the nominatioun, now approtcheis, we haif heirwith fend vp to youre maieftie, ane roll of the jufticeis of peace within thefe fhirefdomes, to the effeft youre maieftie may point oute, fuche, whom youre maieftie wilbe pleafed to prefer for the yeir to come. Thay who ar prefentlie in office, ar markit with the letter P; and quhairas lykewayes, the office of fhireffhip of Murray hes bene, thir diuers yeiris bigane, voyde, pairtlie through the deceis of the laite fhireff, and pairtlie vpoun occafioun of ane pretendit compryfing of THE MELROS PAPERS. 467 the faid office led be Dauid Kinloche, marcheant burges of Edinburgh, who, being confcious to himfelf of his awne waiknes for fuche ane charge, hes forborne to medle thairin, fua that the adminiftratioun of juftice within that fhirefdome hes ceaft ; and your maiefties awne affairis, wherof the executioun pertenis to the ffiireff, hes bene neglectit. And becaus the mater of the taxatioun wes in handis, whilk might admitt no delay of tyme, we burdynnit the Lord Lovatt, as tutour to the young fchireff, with the ingaddering of the taxatioun for that fhirefdome, who excuifit him felf that he could not medle in jhat mater, inrefpect of the com- prifing foirfaid, without a formal commiffioun of fhireffhip in write for the whole foure yeiris of the taxatioun ; in whilk point, we could gif him no other fatiffactioun, bot that we fould acquent youre maieftie thairwith, and crave youre maiefteis awne allowance thairunto ; wher- upoun he wes induceit to accept the charge for this yeir, the terme quhairof being now drawing neir, and the neceffitie of a ffiireff for the mater of the taxatioun, befydis the otheris adois of the cuntrie, being fo vrgent, as it can not weele be delayed, we will humelie befeeke youre maieftie to latt ws knowe, yf youre maieftie wilbe pleafit with the con tinewance of the faid Lord in that charge, for the yeiris to come of the taxatioun, whilk, in oure opinioun, is the faulfeft courfe for youre maief teis feruice; or, yf youre maieftie will mak choife of ony other, we fhall in all reuerence acquiefce to youre maiefteis pleafour thairanent. And fo, praying the Almightie God to watche ouer youre facred perfonne, and to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, A- Mar- Melros. Wintoun. Lauderdaill. Lothiane. Meluill. Edinburgh, 18 July 1622. To the King his moft excellent and facred Maieftie. 468 THE MELROS PAPERS. CCLXXII.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI, Most Sacred Souerane, By oure formar lettre of the xiijj of Junij laft, we acquentit youre maieftie quhat courfe we had tane betuix the Spaniffie and Holland ffiippis that laitlie combated in the roade of Leithe, and how that we wer petitioned on the behalf of fome prifonnaris tane and detenit in the Spanifhe fchip, that thay might be putt to libertie, conforme to the cuftome of nationis, alledgeit to be vniuerfallie obferuit in the lyke caife, quhairunto we deferred to gif anfwer, till the knouledge of youre maief teis pleafour, becaus the mater wes a noualtie, quairof the lyke had not occurrit in this kingdome, and we wer not foirfeene quhat the cuftome of nationis in fuche a caife allowed. Senfyne, thay haif renewit thair petitioun almoft euerye other counfell day ; bot the expectatioun of youre maiefteis anfwer, quhilk we daylie attendit and looked for, maid ws to putt thame of with the beft excuifs we could. And now the mater hes bene of new ATged this counfell day ; and it is conftantlie affermed that fome of thir prifonnaris ar deadlie feeke. The confideratioun quhairof moued the counfell, being conuenit in a frequent nomber, to think that Chriftiane cheritie and humanitie, in a mater of this kynd, required a fauourable heiring and anfwer ; and thairfoir, we haif direetit twa of the bailies of Edinburgh, Avith a phifitioun, to go and vifite the prifonnaris, in quhat eftate thay ar, and how mony of thame are trewlie feeke, and to reporte the trewthe thairof to avs vpoun Twifday nixt ; and we haif lykewayes ordanit the captaines of the Spanifhe and Holland fhippis to be befoir ws the faid day, inftructit with fuche informatioun and probatioun, anent the cuf tome of nationis, as the one will vfe for the laughfull detentioun of the prifonnaris, and quhairby the other will laughfullie clame their libertie, and to vnderly fuche ordour as falbe tane thairanent ; wherin mony ar inclyned to haif a fauourable regaird of fuche as ar difeafed, and to putt thame to libertie vpoun cautioun for thair reentrie, yf fo it fhal pleis your maieftie to command. We haif bene, and ar verie fpairing to medle in this mater, THE MELROS PAPERS. 469 whilk concernis the fubiectis of ane prince and eftate, with whome your maieftie ftandis in goode termis of freindfhip, and we can find no prece dent, wherby we may be direetit to a cleir and perfyte refolutioun in this point ; and thairfoir we will humelie prefome of new agane to requeift youre maieftie, to affift ws, by the excellencie of youre awne found and perfyte iudgment, in this mater, and, by the returne of youre gratious will and pleafour, to latt ws knowe quhat we fall do thairin, and whilk falbe a reule to ws in all occurrencis of the lyke natur heirefter. And fo, in all humilitie, praying the Almightie God to bliffe your maieftie with mony lang and happie dayis, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, George Hay. J. Erskyne. A. Mar. Kilsayth. J. Morton. A. Hamilton. Melros. Buccleuche. Meluill. Carnegy. Lauderdaill. W. Oliphant. Edinburgh, 25th July 1622. To the King his moft facred and excellent Maieftie. CCLXXIII.-JOHN MURRAY TO THE EARL OF MELROS. Right Honorable, I hawereceaved your letter off the 18, and hes confident vpon the fame, and the caus off my wreittin thefe lynes to your lordfhip, is the mache off my freind your lordfhip wryttis off, that is gone one ffor foe fare, for that I knoe owt off the countree, that fome hes wrocht in that more earnift nor before, and laid there grownds for this reafone, that may freind- 470 THE MELROS PAPERS. fchepe to the Lard Jonfton can not be fuche, as he can luk for ony good by me ; fecond, the freindfcheepe betuix the earle off Nyddifdaile and me, this I will faye, he that comtes befor his oift comtes tuyfe, and thefe whoe hes keepit the Lard Jonfton in trowble, hes not left off as yett, to hald him that waye, and ffor that whiche I wreitt to your lord fhip before, off my care off the Lard Jonfton, I think myght ferved, and more I could faye, iff I war with your lordfhip, bot will lett that reft till the owin tyme. This I hawe wreittin to your lordfhip, to defeir the Lard Jonfton to ftaye the contending his mache, whill he heard ffrome me, and iff my afferes be not als muche both ffor his comoditie and honor, yee, and to aquent his honor, with Gods greace, and the affurence off my owin freindfcheepe, as your lordfhip and vther off his honorabill freinds fhall be judge, that he may doe as he pleaffe, and in this I will defire your lordfhip to aquent him, and lett me heare ffrome your lordfhip iff thingis be not don, and ftaye thame whill your lordfhip haue my an fuer agane ; foe, haweand noe vther occafion at this tyme, I will wifche your lordfhip all happines frome him that will remeane Your Lordfhips moft oblefhed to ferve yowe, John Murray.* At Whythall, the 27 July 1622. For the Lard Jonftons buffines with the tutor, I fhall anfuer that noe courfe fhall be taken in that, bot according as he did aggree at his being heare the laft yeare, fore foe I hawe orderit with my Lord Nyddifdeale. Something of this I fhewe my lord Chanceller, at Windfore, on his way comyng frome hence. To the ryght honorabill, my werie good the Earle of Melros, Lord Secretter off Scotland. * John Murray was created Viscount of Annand shortly after the date of this letter, but as the patent cannot be found, the exact period has not been ascertained. It must, however, have been between the 27th of July and the 6th August thereafter. Upon the 13th March 1624, his Lord ship was created Earl of Annan dale. THE MELROS PAPERS. 471 CCLXXIV.—SIR THOMAS HENRYSON TO THE VISCOUNT OF ANNAND. My Honorable and Woorthie Lord, The dewtifull offer of my kindlie fervice premittit, I am not able, ether by woord or wreitt, to exprefs your lordffiips fauours and woorthie meritts towardis me ; and if I fuld ftryve and preife to acqyte thame kythit in deidis, by woordis only, I micht be eftimat in rank of ingraitis, but my mynd fall euer be far vtherwayis, if it fall pleis God, I haife that happines to exprefs it by fum occafiounes, ether in your lordfhip, or your lordffiips freindis bufines, or ony thing that can concerne your lordfhip, quherin I am able to ferue your lordfhip or any of yours, I will intreit your lordffiips fauour by commandement to affay, if I fall fchrink in your lordffiips honorable pretentions, in quhat I am able ; and as I haif found your honorable lordffiips gude and effectuall fauour, in tymes paft, fo will I euer relie thairvpoune, as my cheiff patrone and protectione. The Lord increafe your lordfhip in all health, wealth, honour, and profperitie, vith perpetuitie and indurance heir, fo long as flefche may florifche, and in eternall felicitie heirefter. Your Lordffiips maift affectionat feruiteur, T. Henryson. Edinburgh, the firft of Augufl 1622. I receauit your lordffiips letter of the 24 Julij this day, efter the writ- ting heirof, quhilk is moire acceptable to me then ony thing culd be fall. Pithie in wryting as your lordfhip hes bene to me, powerfull in doing, quhilk I fall efteame euer ane fure teftimonie of your lordffiips 472 THE MELROS PAPERS. vndefervit fauour. I will not importune your lordfhip vith euerie occur- rent, but will acquant your lordfhip be my nephew. To my moft honorable and woorthie Lord, my Lord Vicount of An- nand, Thefe. cclxxv lord johnstoun to the viscount of annand. My verie Honourable Lord, My dewtie and feruice remembered vnto your lordfhip. I am informit be the rycht honourable my Lord of Melros, of your lordffiips lowe and kyndnefs ye carie to my hous, ffor the quhilk I falbe ewer red- die to ferve your lordfhip. As concerning my buffines with Drumlanrig, your lordfhip fall witt, that I may do thairin as pleaffes me, and fall keep myfelf frie, quhill I heer farder frome your lordfhip. Quhairfoir I will requeift your lordfhip to acquent me particularlie of your lordffiips mean- yng, and giff it be to my credit and contentment (as I doubt not the con- trair), your lordfhip fall command me. Pleis your lordfhip, my tutor and I hes of new fubmitted to fome of the Ordinaries Lordes of Seffion, and my Lord Chancellar to be overfman. Sua, expecting your lordffiips an fwer, with the firft occafioun, I reft Your lowing cuffing to ferue yow, Johnstoun. Edinburgh, 6 Auguft 1622. To my verrey honorabill guid Lord, my Lord Vifcount of Annan, Gen- tillmen of his Majefties Bedcham ber, Thefe. THE MELROS PAPERS. 473 CCLXXVL— EARL OF MELROS TO THE VISCOUNT OF ANNAND. My verie Honorable good Lord, Albeit your lordffiips letter, which I returne heerwith, wes di rected by packet of the 27 of July, for life, yet it came not to my hands till the fourt of this month, at tuelue a clock. I caufed make prefent fearch for the laird of Johnfton, and trying that he wes in Elfifton, I wrot to him, and inclofed your letter, praying him to confider of your kyndnes as it merited, and let me haue his anfuer with diligence. Yefterday after none he came to this place, and redeliuered your lordffiips letter, and pro mifed to haue his letters at me this day to be fent to your lordfhip. The packet fall go fo foone as I receiue them. His mother is in Edinburgh, and Wefterhall is ftill with him. He feemed to be well pleafed with the motion, fince it conteaned affurance of his profit and honour, which is all can be defired, if the parties be pleafed each with the other. He can not at this time haue the earle of Mars aduice, for he is prefentlie going to the Brae of Mar. Sir James Bailie promifed to get John Auchmou ties anfuer anent the fubmiffion. I told him it muft be in no other termes, but what fatiffaction your lordfhip fould giue him for any right or kind- nes he could pretend. If he confent, the fubmiffion fall be drawne and fent to be fubfcriued, otherwayes your lordfhip fall be aduertifed of his refolution. So, till farder occafion, I commit your lordffiip to God, and reft Your Lordffiips affectionat freind to ferue yow, Melros. Barnbougall, 6 of Aug. The laird of Johnfton came to me this day, and told that he had been in Allowa, at the earle of Mar, who had counfelled him to heare of the 3o 474 THE MELROS PAPERS. particular conditions, which being agreeable to his good, fould haue his heartie confent. But ye will know things beft by the lairds awne letters fent heirwith. 7 Aug. 1622. To my verie honorable good lord, my Lord Vicount Annand, at Court. Receaved the 17 Aug. at Elderfchote, 1622* CCLXXVII.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Thair wes a petitioun gevin in this day to youre maiefties coun fell, in name of James and Williame Cochranes, Archibald Hamiltoun, and Johnne Smaill, burgeffes of Edinburgh, and George Duff, writter, havelie regraiting the wrong done vnto thame by that finifter reporte maid vnto youre maieftie, quhairwith thay wer burdynnit to be fubornaris of the Avitneflis, produceit in the actioun of diuorce, perfewit be the faid Williame aganis Iffobel Gichane, his fpous, quhairupoun youre maieftie wes moued to grant ane warrand to the erle of Nithifdaill for apprehend ing of thame, and committing of thame to warde, whilk wes accordinglie execute vpoun thame be the faid erle his brother. And feeing thay wer never callit to thair anfwer for that cryme, thay being men who ar an fuerable and obedient to the lawis, and Aver never fpotted with fuche vn- laughfull doingis, thay humblie defyrit that thay might be fred of thair warde, vpoun cautioun to be anfuerable to thair tryale, quheneuir thay * In Lord Annand's hand-writing. THE MELROS PAPERS. 475 falbe callit. This complaint being hard and confidderit in counfell, it wes thoght, be the vniforme confent of all that wer prefent, that in materis of this kynd, quhair the law is patent, and iuftice indifferentlie miniftrat to all complenaris, that youre maieftie fould not be importuned nor fafhed, bot that the pairtyis fould haif thair recourfe to thair ordinair iudgeis; and towcheing this point of fubornatioun obiectit aganis thir men, the tryale thairof wes proper to the commiffionaris of Edinburgh, or to the Lordis of Seffioun, incais thair concurrence had bene craued, befoir whome the pairtie might haif expeetit all laughfull fauour towards the difcouerie of that cryme that the courfe of iuftice wald allow. Yf way falbe gevin to priuat pairtyis, oute of thair difcontented humours, to leave thair ordinair iudgeis, and to impefhe youre maieftie with thair petitionis, aganis forme and ordour, we doubt not bot youre maieftie will confidder quhat preiudice will thairupoun follow to the ordinair courfe of iuftice, and how far youre maieftie wilbe importuned and fafhed. And thairfoir, we will humelie intreate youre maieftie, that in occurrentis of this kynd, to be heirafter prefented vnto youre maieftie, youre maieftie wilbe pleafed to remitt the pairtyis to the courfe of law, in the ordinair iudgement; by quhilk doing, youre maieftie wilbe fred and releued of grite importunitie and fafherie, and the ordiner forme of iuftice wilbe preferued. And quhairas thir men ar refponfall and anfuerable, and fome of thame hes borne office of baillierie within this burgh, and we neuer hard of ony imputatioun of difcredite aganis thame, it wes thairfoir thoght aggreable to equitie and iuftice, that thay fould be fred and releued of thair warde, vpoun cautioun, vnder grite fowmes, for thair reentrie vpoun the firft counfell day of Nouember. Yf, in this meane tyme, youre maieftie wald haif ony forder ordour to be tane with thame, vpoun the fignificatioun of youre maiefties gratious will and pleafour, it falbe obeyed. Frances Keith hes bene ane often petitionar for his libertie, and offeris cautioun to be anfuerable to his tryale, and to keepe warde within Edinburgh or a myle thairabout, vnder grite foumes; bot feeing he wes fend heir by youre maiefties fpeciall directioun, his libertie wes refufed till youre ma iefties pleafour be knowne. And fo, praying the Almightie God to 476 THE MELROS PAPERS. watche ouer youre facred perfone, and to preferue youre maieftie in helthe and profperitie, we reft Youre Maiefteis moft humble and obedyent fubiectis and feruitouris, George Hay. Melros. A. Mar. Lauderdaill. Wintoun. Roxburgh. Perthe. Edinburgh, 28 Auguft 1622. To the King his moft facred and excellent Maieftie. cclxxviii.— the lords of privy council to king james vi. Most Sacred Souerane, By a lettre fend heir frome the Archiebifhop of Glafgw, we ar certifyed that Mortymer, the Jefuite, prifonner in Glafgw, is havelie difeafed with ane appeiring deadlie confumptioun, and that haueing fpent all that he had, hes not now the meanis to interteine him felff, and that he daylie cryis to be fend to France, offering to act him felf vpoun the parrell of his heade nevir to returne ; and the archiebifhop inclynnis that he falbe fend away vpoun this fame conditioun, yf fo it fhall pleis youre maieftie to think meete. And thairfoir, thefe ar humelie to requeift youre maieftie to latt ws knowe, youre maiefteis will and pleafour in this mater, that accordinglie we may conforme oure felffis thairunto. And fo, con- THE MELROS PAPERS. 477 tinewing oure vnceffant and eirnift prayeris vnto God for youre maiefteis lang and happie reignne, we reft Youre Maiefties moft humble and obedient fubiectis and feruitouris, George Hay. Melros. A. Mar. Lauderdaill. Wintoun. Roxburgh. Perthe. Edinburgh, 28 Auguft 1622. To the King his moft facred and excellent Maieftie. CCLXXIX.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, The erle of Wyntoun, vpoun the returne of youre maiefteis will and pleafoure, anent youre maiefteis grite feale and caffiett, quhairof the laite erle of Dunfermlyne, youre maiefteis Chancellour and faithfull feruand, had the charge and keeping, haueing exhibite the fame befoir youre ma iefteis counfell, who wer conuenit in a frequent nomber at that tyme, he humelie defirit, that by fome autentique record, the dewtifull behaviour and cariage of the faid laite lord Chancellour, in youre maiefteis affairis and feruice, might be teftifeit and approvin, to the effect the fame might remayne to his pofteritie, as a pledge and taikine of youre maiefteis gra tious fauour, and by the quhilk your maieftie wes to crowne the mony grite fauouris formarlie beftowed be youre maieftie vpoun him. This petitioun being hard and confidderit in counfell, it wes thoght meete that 478 THE MELROS PAPERS. the fame fould be recommendit vnto youre maieftie, to whome the finceri- tie of that nobleman, his affectioun and difpofitioun to youre maiefteis feruice, wes fo weele knowne ; and thay nowayes doubtit bot that youre facred maieftie, oute of youre awne gratious refpect towards all youre weill deferving feruandis, wilbe pleafed to allow of this approbatioun. And thair foir, we haif heirwith fend vp vnto youre maieftie, this fignatour, drawne vp in his fauour, to the effect the fame, being warranted by youre facred hand, may thairefter be paft and exped in counfell. Yf ony thing be de- fectiue in the fignatour, outher in the forme or fubftance, vpoun the re turne of youre maiefteis pleafour, it falbe reformed. And fo, with oure humble and vnceffant prayaris vnto God for youre maiefteis lang and happie reignne, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, Geo. Cancell3. Stormont. Roxburgh. Perthe. A. Mar. J. Erskyne. Melros. Wigtoun. Lauderdaill. Carnegy. Glencairne. Edinburgh, 28 Auguft 1622. To the King his moft facred and excellent Maieftie. CCLXXX.— NOTE BY THE EARL OF MELROS AS TO SIR WILLIAM KEITH'S IMPRISONMENT. Vpon the tent of October inftant, Sir William Keith, of Lud- quharne, gaue in a bill to the counfell, defiring fufpenfion of the horning THE MELROS PAPERS. 479 vfed againft him, for his not compeirance before them, and for not entering fuch perfones as he wes decerned to exhibit. I produced a letter of his maiefties, commanding me to fhow to the counfell, that Sir William had informed his maieftie, that there wes one whom he wes vnable to exhibite, wherby his maieftie wes pleafed, that if he fould prefent him felf and the reft, his royall pleafure wes, that paynes fould be taken to reconcile Lud quharn and his partie ; and if any difficultie were found, that his maieftie fould be aduertifed therof. Which letter being red, Ludquharn wes called, and by my Lord Chancelar informed, that albeit the generall order required that he fould not haue any fufpenfion till he and his complices were entered in ward, yet his knowledge of his maiefties defire to haue his troubles fetled, had moued him to flay his partie to profecute their intention, to vfe caption againft Ludquharn that morning, and the fame refpect had induced the counfell to difpenfe with the vfuall forme, and to grant him fufpenfion till the firft counfell day of Nouember, he finding caution, vnder the paine of thrie thoufand punds, that he fould that day compeir and enter his other complices, except one, called Merfhell ; and that, in the meantyme, he fould remane within fix miles of Edinburgh. Ludquharn anfuered, that he wes vnable to enter the moft part of his men, fome of them being dead, fome gone to the Lowe Countries, and fome gone to Cathnes, fo as he could not bind him felf to prefent thefe ; neither wes he able to enter any of them, vnles he wer permitted to go to his owne houfe ; but if that fauour were fhowne him, he would find caution, either to prefent them or enter him felf. My Lord Chancelar told him, that the counfell could not confent to his going to the cuntrie, becaufe, he being put to the home for his and his mens not compeirance, he had gone to court, and efter his returne, had keeped his rebellious complices in his companie, and with them riddin opinlie in the cuntrie, not forbearing Mukals bounds, which prouocation had increafed the parties greif, and bred fclander in the cuntrie ; and for preventing the like, the counfell wald reftraine him from going to the North. I prayed him to conforme him felf to the counfells direction, and not to feare the danger of his cau tioners, but to obey and imploy his friends to perfuade or force als manie of his complices to compeir as they could ; and if by that meane his maief- 480 THE MELROS PAPERS. tie fould fie cleir prouffes of his obedience and diligence, he had found fo cleer teftimonies of his maiefties gracious clemencie, as he might vndowt- edlie beleeue that his maieftie would not allow any penaltie to be exacted, which he fould vnwillinglie incur ; telling him withall, that he wes alreadie fo far in his maiefties reuerence, as, if he wer rigourouflie difpofed, he might be charged with more nor his eftate could beare. But he ftill pretending his inabilitie to do any thing if he wer not licenfed to go to his cuntrie, the counfell commanded him to the towbuith. He contended earneftlie to haue ane act, teftifeing his offer to find caution to enter him felf or his complices, which the counfell took not well, as tending to a complaint of hard vfage, efter they had delt fo fauorablie with him.* [Oct. 1622?] CCLXXXI.— SIR WILLIAM KEITH TO KING JAMES VI. Most Gracius and Dreid Soweringe, May it pleafe your moft excelentt maieftie to pardone the bould- nes off me, your maiefties poore diftreffed fubiect, and with the eye off compaffione to petie and regaird my efteatte. At your maiefties com- mande, I come heir to the counfall off Scotland, with allis grytt expedition as I could, and ther offeritt my felff willing, in Avhat was poffablie for me, to obey ther commandmentis ; whois pleafour was, that I fould nott go home, bott fett fure and refponfall catione, wnder the paine of thrie thow fand pound, to remaine confynned in Edinburgh, and fex myllis ther abowtt, and to the nixt counfall day, which happinis the fyft off Novem ber, to prefentt wnto ther Lordfhippis the holl of the committeris, fave on, off the ryatte done to Muchall, or ellis prefentlie to enter my felff in pref- fone in the tolbowth off Edinburgh : and becaufe off the impoffabelitie * Autograph of Lord Melros. THE MELROS PAPERS. 481 of my gettinge off furretie to bringe in thois men, for no freind wold be cautione for me in thatt, in refpect the holl men ar fled the cuntrie; wher- for I am compelled to except off the fecund, to go my felff, wher I mifer- abillie remaine preffonar in the Tolbowth off Edinburgh, ewer to your maiefties gracius favore appeere to my releive, wheroff the raither I affure my felff, for that your maieftie heath bein graciouflie pleaffed, at Okeine, in Appryll laft, royallie to favore me with the promice off a frea pardone off all : and whatt I hawe fuffered fince, in my owin perfone and my freindis, is knowin to manie, and will nott now trubill your maiefties earis therwith; only my earnift wifhis and contenvall prayer to God Almightie is, and ffialbe, for your majefties longe and happie reine, and I am ewer Your Majefties humbille, loyall, and obediand fubject, SB. W. Keythe. Tolbouthe off Edinburgh, 9 off October 1622. To his moft gratius and dread Souerane, the Kingis moft excellent Majeftie. Indorfed : Ludquhairne, 9 Octobris 1622. CCLXXXI1.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Haueing beene oft petitioned, on the behalff of Frances Keythe who, be your maiefteis directioun, wes fend heir in the moneth of Junij laft, and hes beene prifonair in the towbuithe of Edinburgh fenfyne that outher he might be putt to his tryall vpoun the crymes, for quhilkis, he wes 3p 482 THE MELROS PAPERS. wardit, or then fred vpoun cautioun, conforme to the order, we deferred to gif anfuer to his petitionis, till the knowlege of your maiefteis pleafour, becaus we never hard frome youre maieftie concerning that mater, and nather knew the caus of his imprifonment, nor who wes his pairtie. Bot he hauing ftill importuned ws with his petitionis, quhairin he euer inflant- lie vrged his tryall, and we finding that fen his heir comeing, thair hes nather a pairtie kythed, nor no perfute nor actioun intentit aganis him ; and confidering thairwithall that he wes a poore gentleman, wanting meanis to interteny him felff in warde, it wes thoght, be the whole voceis of all thefe of the counfell that wer prefent, that in a mater of this kynd, quhair thair wes nouther a knowne perfuite nor pairtye, that the benefeit of the law could not be denyit vnto him. And thairfoir he is put to li bertie, vpon cautioun for his remaning and keeping of warde within the burgh of Edinburgh and the Cannogait, till he be fred. Yf we had knowne that youre maieftie had ony entres in the buffynes, we wald not haif medlit thairin, without your maiefties allowance ; and thairfoir we will craue permiffioun humelie to intreate your maieftie, that in occurrentis of this kynd heirefter, quhan pairtyis ar fend home or wardit be youre maiefteis directioun, that youre maieftie wilbe gratiouflie pleafed to latt ws knowe yf youre maieftie hes your awne particulair interes in the mater, or yf it concernis priuat pairtyis, to the end, that in the one we may attend youre gratious will and pleafour, and in the other we may proceid fofar as the courfe of law and iuftice will allow. And humelie craveing youre maiefties pardoun for this oure prefumptioun, and praying God to bliffe your ma ieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, George Hay. J. Hamilton. Geo. Areskyn. Melros. R. Cokburne. W. Oliphant. Morton. Archibald Naper. Edinburgh, 21 Nouember 1622. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 483 CCLXXXIII.— EARL OF MELROS TO THE VISCOUNT OF ANNAND. My verie Honorable Lord, I receiued your lordffiips letter of the fecond, for the bufines of Orknay. There could not haue been a more fit occafion to know the reafons of the counfels proceedings, nor when my lord Chancelar wes with his maieftie ; but in that, as in all other occurring affaires, I fall ftriue to be with the firft, in promoving all his maiefties royall commandements. I haue alfo affured Sir James Bailie, that when it fall be time to wourk in Baffis bufines, I fall concurre as if it were for my felf. Maifter Walter Whytfoord wes on Tyfday in this towne. I haue fend to feeke him, and if he can be found, I fall make him to fpeake with the vicount of Air and Sir James Bailie. I haue inquyredof Lochinvars dyet at his fone, who is come to this towne ; he expects his fathers coming within thrie or four dayes, and when Har- bert Maxuell comes, the mater fall be vrged to an end. The vicount of Air* hes promifed to vfe diligence for perfyting the fecurities betuix your lordffiip and the earle of Niddifdaill. { Your lordffiips affaires with the earle of Bukcleugh are fettled. I muft evrie yeare once trouble your lordfhip with the remembrance of that token, which his maieftie hes been graciouflie pleafed to bellow, as a bontifull acceptance of my feruice, which fall euer be faithfull and dili gent, and my duetie to your lordfhip fall be vnchangeable, as becometh Your Lordffiips affectionat freind to ferue yow, IVIelros Edinburgh, 11 December [1622?] * Lord Sanquhar, created Viscount of Ayr 2d February 1622. 484 THE MELROS PAPERS. Sir Archibald and Sir Alexander Naper can teftifie my readines in the bufines concerning my lord and lady Ogiluies ; and when the mater comes to dealing, if he apply not himfelf to reafon, I fall leaue him to the blame and burding of his owne actions. To my verie honorable good Lord, my Lord Vicount of Annand, at Court. cclxxxiv alexander] colville to the viscount of annand. Right Honorable, Your lordfhip fhall be aduertiffed, that he quho is prefentlie Juftice Clerc (the lard of Ormifton), is fo afflicted with extreame aage, blindnes, and vther infirmities, that he is altogither difinabled ather to valk abrod or difcharge his place, and by all appearance, is not long to furvive. And becawfe it concernis me fo neir, that feruis his majeftie, as Juftice deput, to be veil or ewall goked, incace it plais God that I liwe, I hawe aduentured thir few lynis, being confident of your lordfchips good- nes, that his majeftie, by your lordfchips information, micht be the better prepared againis the importunitie of vnfit futors for that place (of Juftice Clerc), quhich aucht not to be giwen to thois that futt it, bot to thois that ar vorthie of it. And as the lywis of men ar mor pretious then thair goods, fo lett the vorthines of him be refpeeted, to quhome the lywis of men ar to be trufted ; for if he, quho is to be inclofed with affyfors (quho for the moft part ar rud and ignorant), depending much vpon the clerc his information ; if he, I fay, be not a found confcientious man, and frie of baife briberie, he may prowe a pernitious inftrument, and be the cawfe that iniquitie may be committed, as we haw git in memorie of on Thomas Scot of Abbotiffiall, quho was Juftice Clerc to King James the fyft, of happie memorie, quho, being ftricken with a terror of confcience, THE MELROS PAPERS. 485 at the hour of his death, for his ewill cariage in that place, dyed in def- paration, crying, " I am damned, I am damned." 3^ among all vtheris, young men, and men of great claimis, ar moft dangerous for that place.* Ceafeing farther to fafche your lordffiips eares, and referring all to your lordffiips prudence, viffing that, by a happie election of fuch ane officiar, God may gett glorie, his majeftie contentment, and the people fecuritie, by getting right quhen thair lywis fhall be in queftion, and your lordfchip praife and thankis for being a good inftrument. Thus, refting confident that your lordfchip will tak my boldnes in good part, I reft Your Lordfchips affectioned and humble fervitour, Al. Coluille. Edinburgh, 20 December 1622. To the right honorable his fpeciall good Lord, my Lord Vicount of Annan. CCLXXXV.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, The earle of Melros, youre maiefteis fecretarie, exhibite this day vnto youre maiefteis counfell ane lettre, writtin be youre maieftie vnto him, quhairby youre maieftie fand fault that thair wes not ane finall * Sir John Cockburn of Ormiston did not die till the month of June in the ensuing year. He was succeeded as Justice Clerk by Sir Archibald Napier, the first Lord Napier. 486 THE MELROS PAPERS. anfuer returnit vnto youre maieftie, concerning the propofitioun maid be youre maieftie, that the woU of this kingdome, not draiped and wroght at home, might be fend to England and fauld thair, and no where els ; and thairfoir defiring that this anfuer might with diligence be fend vnto youre maieftie. We ar forie that youre maieftie hes tane offence for this caus, feeing thair wes nothing omittit be ws, that in a mater of this kynd, wherin the whole eftate hes fuche intereffe, could conuenientlie be done; ffor, vpoun the refett of youre maiefteis firft lettre, in the moneth of September laft, we write for a nomber of noblemen, baronis, and burgeffis, whome we thoght to haue cheif intereffe in the bufynes, willing thame to be heir vpoun the 28 day of Nouember laft, to haue gevin thair aduife and opinioun to ws thairanent. Whilk dyet being keepit be fome, and neglectit be otheris, the few nomber that conuenit excuifit thame felffis, that thay could do no thing thairin, pretending that the importance of the mater, towcheing fo neirlie the whole bodie of the eftate, requirit a more frequent meeting of fome fpeciall perfonis for euerie eftate, oute of the feuerall fhyris of this kingdome, where the vfe of woll is moft in requeift. And fo that dyet haueing defertit, without ony certane conclufioun or refo lution, thair wes a fecund meeting appointit to be heir at Edinburgh, vpoun the xiiij of this inftant, and a grite nomber of perfonis oute of the feuerall fhyris of this kingdome wer writtin for to this effect. This dyet hes beene weele keept be all thefe that wer writtin for (fome three or foure onlie except), and thay ar all prefentlie attending, and hes thair meetingis and conference euerye day vpoun this fubiect, and lies promeifl to gif thair anfuer and opinioun thairanent, with the reffonis and warrandis of thair opinionis vnto ws, vpoun Twifday nixt, the xxi of this inftant; vnto whilk tyme we will humelie befeeke youre maieftie to haif patience, and not to imput the caus of this delay vnto ws, who, in a mater of this kynd, con- ioyned with the publict intereffe of the eftate, could vfe no gritair dili gence; and vpoun Twifday, God willing, quhen the reporte of thair opinionis is maid vnto ws, youre maieftie falbe fullie acquentit with the progres of the buffynes, wherin no thing falbe wanting in ws quhilk may procure youre maiefteis full contentment and fatiffactioun. And fo, THE MELROS PAPERS. 487 praying the Almightie God to preferue and bliffe youre maieftie with the continewance of mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, George Hay. Roxburghe. Melros. Carnegy. Morton. W. Oliphant. Lauderdaill. Edinburgh, the xvi day of Januair 1623. To the King his moft facred and excellent Maieftie. CCLXXXVI.-EARL OF MELROS TO THE VISCOUNT OF ANNAND. My verie Honorable Lord, I receiued your Lordffiips tuo letters of the nynt, and deliuered in Sir James Bailies owne hand, your other tuo fent to him, as ye defired; and being vrged by Alexander Maxuell to hafle two maffes of letters to the Earle of Niddifdaill, I haue aduertifed Sir James Bailie therof, that if your Lordffiips letters requyre fpeedie anfuer, he may make vfe of the occafion. My lord of Santandrois had from me the like aduertifment, who hes promifed to write. I haue not yet heard of Harbert Maxuels coming to this cuntrie, to which time no thing can be done in Lochinvars bufines. I will not repeate what I wrote in my former letters, nor fay any farder in the mater of the greevances, but remit it to tryell of oure mans behauiour therin, wifhing no greater happines to my felf in maters of that kynd, but that evrie mans cariage were truelie related to his maieftie, 488 THE MELROS PAPERS. being refolued to ftudie fo to proceed, that I may be anfuerable to God and his maieftie, of my faithfull intention and endeuours, in maters con cerning his maiefties feruice, the good of the cuntrie, and the lawfull con tentment of particular parties, who, having contrare ends and interefts, can not be all pleafed; and many of them, being difapointed of thair vniuft defires, vent their malice by mifinformations and calumnies, but honeft men muft reft vpon honeft doings, and his maiefties wifdome and protection, and befeech God long to grant them that ffieild, as I pray that he may giue yow health and happines, I reft Your Lordffiips affection at friend to ferue yow, Melros. Edinburgh, 21 Januar [1623?] To my verie honorable good Lord, my Lord Vicount of Annand, at Court. CCLXXXVIL— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Vpoun the refeate of youre maiefteis lettres, of the xviij of December laft, whiche come to oure handis vpoun the fecund of this in ftant in tyme of vacance, whareby youre maieftie wes pleafed to fett doun to ws a cleir reule how we fould deale betuix the Dunkirk and Holland ffiippis, lyand at Leethe and Abirdeene, to wit, that the prifon- nars in the Dunkirk fhippe at Leethe fould be releeued, vpoun affurance to be gevin be the Hollanders, not to trouble thame in thair voyage home, THE MELROS PAPERS. 489 fo mony of ws as wer in the towne conuenit, and fend for the baillies of Edinburgh, as the perfonis whome we thoght fitteft to imploy in that buffynes, and direetit thame to go to Leethe, and deale with the captaine of the Dunkirkair, that he wald releeue his prifonnaris, vpoun the condi tioun and affureance foirfaid. Whilk charge being performed be the baillies, thay returnit ws this anfuer, that the captaine could not deale nor capitulat vpoun thefe termes, without a warrand and directioun frome the King of Spayne, his maifter, of whome he had a fpeciall charge to tak, bot not to delyuer prifonnaris, without ranfoum. And fo that point haueing failled, vpoun the refufaill of the Dunkirkair, we thoght it need les to propone the other to the Hollandars, bot direetit chargeis, with ane herauld and trumpett, aganis thame, for delyuerie of thair faillis to one of the baillies of Edinburgh within xxiiij houris, vnder the pane of youre maiefteis heigh offence and difpleafour, to the intent the Dunkirkair, conforme to the cuftome of nationis, might haif the preuilege of tua tydis for hir faulf outgoing. This charge being execute, and with all due refpect acceptit be the captaines of the waughtaris, thay promeift to gif anfuer within the tyme appointit for thair obedience; afoir the ex- pyreing whereof, thay, for a ffiowe of obedience, went oute of the har- borie to the raid, where thay lay till the xviij of this inftant, vpoun whilk day, one of thame returnit to the harborie, quhair fho prefentlie lyis, and the other lyis ftill at anker in the raid. The lyke charge being execute aganis the captaines of the waughtaris at Abirdeene, by ane herauld, with his difplayed cott of armes, the captaine of the principall fhippe, callit the Admirall, gaif his anfuer, that he wes prefentlie in reddynes to go to the fea, and that he intendit to wey and go out of the harborie the nixt tyde, wind and wedder ferving, and to mak his addreffe to Zeland with diligence, and fo he could not delyuer his faillis. The other tua captaines anfuerit, that thay wer direetit heir be thair maifter the Prince of Orange, to attend the Spanifhe ffiip, that wes thair enemey, and wes putt furthe to wrak and fpoyll thair marcheantis, and that thay durft not, vnder no les pane than thair hues, delyuer thair faillis, nor no other pairt of thair ffiippis, without a warrand frome the prince thair maifter, vnto whome the ffiippis, with thair whole furnitour, apperteyned. This beinc 3q h 490 THE MELROS PAPERS. the effect and fubftance of all thair anfweris, we humelie prefent the fame to youre maiefteis confideratioun; and quhat forder youre maieftie will haif to be done heirin, vpoun the fignificatioun of youre maiefteis will and pleafour, it falbe obeyit. And fo, with oure humble and eirnift prayers vnto God for youre maiefteis lang and happie reignne, we reft Youre Maiefteis moft humble and obedient fubiectis and feruitouris, George Hay. Melros. A- Mar. Lauderdaill. Glencairne. Lothiane. Roxburgh. W. Oliphant. Buccleuche. J. Erskyne. Edinburgh, 23 January 1623. To the King his moft facred and excellent Maieftie. CCLXXXVIIL— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, After the refeate of your maiefties lettre anent the woll, haueing, by oure formair of the xij of October laft, humelie prefented vnto youre maiefties piincelie confideratioun, the reffonis induceing ws to delay the fending of commiffionars to Lundone, for that purpois, till firft we wer aduifit thairanent with fome perfonis for euerie eftate, who, in a mater of this kynd, wherin thair intereffe wes fo important, could not be ouerfeene, your maieftie wes gratiouflie pleafed to allow of that fhorte delay of tyme, whilk wes onlie to the 28 of Nouember laft, wherunto a nomber of per fonis for euerie eftate wer warnit to be prefent, of whome fome haueing keept the dyet, and otheris being abfent, and the mater being proponned THE MELROS PAPERS. 491 to thefe that conuenit, with the beft argumentis we could vfe to procure your maiefties fatiffactioun, thay, after fome reafoning and conference amangs thame felffis, returnit ws anfwer, that the importance and confe- quence of the mater towcheing fo neirlie the whole bodie of the eftate, bothe in fubftance and confequence, required a more frequent meet ing of the efteatis frome the feuerall fhyris of this kingdome, where the trade and handling with woll is moft vfefull ; wherupoun thair wes a new dyet appointit to the xiiij of this inftant, and weele keept be all thefe that [wer] written for (fome three or foure onlie except, who, vpoun neceffair occafionis, wer excufed) ; and your maiefteis propofitioun and defire being at grite lenthe oppynned vp vnto thame, and bakkit with fuche reffonis, as, in oure opinionis, wer moft aggreable to youre maiefteis intentionis, and thair requeft to be permittit to meete amangs thame felffis, and to confer and reafoun thairupoun, being granted, thay verie cairfullie and panefullie att.endit that charge, and twyfe euerie day had their meetings, fometymes in publict, and other tymes euerie eftate be thame felffis, and the more thay dipped in the bufines, finding more difficultyis and griter inconuenientis to enfew, thay humelie defirit fome three or foure dayis longer continewation to be aduyfed thairwith; whiche being alfo granted vnto thame, and that tyme being lykewayes diligentlie fpent vpoun this fubiect, in end, thay gaif in thair reffonis, in write, of the inconuenience of that propofitioun, groundit vpoun the fenfible and ineuitable evillis that it will produce, alfueele to the nobilitie and burrowis, as to the poore commonis, and labourars of the ground, who, by this occafioun, will not onlie be forced to call thair roAvmes in thair maifters handis, wherethrow thay wilbe depryued of the meanis and poffibilite how to hue and to rnan- teyne thair poore families, bot, with that, thay wilbe turned beggairs, and fo become ane havy burdyne to the cuntrey, efpecialie at this tyme, when the whole land is more fearfullie threatned with extreame penurie and want of victuall, nor in ony other bipaft yearis of oure memorie; and whilk is worfe, the cuntrie wilbe far waikned and fpoylled of a great nom ber of goode fubiectis, who, bothe with thair perfonis and purfis, wer for marlie contributaris in the publict affaires of the eftate; and it is weele knowne that the verie firft brute and rumour of this intendit reftreante, hes alreddie gevin prooffe of this inconuenient, in the perfonis of diuers 492 THE MELROS PAPERS. tennentis, who, vpoun this occafioun, hes gevin ouer thair rowmes, or forced thair maifters to diminiffie thair rentis; als more particularlie youre ma ieftie will perfaue by the copie of thair reffonis, whilk we haif heirwith fend vnto youre maieftie. Quhilkis reffonis being at lenthe hard and confident at the counfell table, and euery point and article thairof, with the groundis and warrandis of the fame, being narrowlie examined and dif- cuft, we, in oure waik iudgement, fand the reffonisto be fo pregnant, and the inconuenientis fo cleir and manifefl, as hardlie could we mak ony obiectioun thairunto, bot ar conftrayned humelie to craue permiffioun to reprefent the fame vnto your maiefties heigh and excellent iudgement, by whofe vn- fpeakable wifdome, and cleir feing iudgement, the miftereyis and doubtis that ar conceaued vpoun this fubiect may be vifibillie difcouerit, and your maiefties fubiectis, who, vpoun the apprehenfioun of this intendit reflraint, ar generallie toAvched with extreame feare and greif for the effectis of fo dangerous a propofitioun, may in fome meafour reffaue fatiffactioun; ffor Ave wilbe bauld to affure your maieftie, that the feare wherewith all men ar generallie poffeft in this mater is fo extreame, that the lyke hes not occurrit thir mony yeiris ago in this kingdome. And yf we wald pre foome be oure felffis, without the confent of the efteatis, to fend commif- fionars to treate and conclude vpoun this fubiect, without ony refpect to thame, whiche, neuirtheles, yf fo your maieftie be pleafed abfolutlie to command, we will humelie obey, Ave muft beg pardoun to declair, that we fie euidentlie, that we fhall incur the fclander and generall haitrent of the Avhole cuntrey, as confentaris to that vniuerfafl harme, whiche, thay ar perfuadit, is maid vndeniablie manifefl to euery one of ws be thair dif- courfes and thair articlis in write. We ar not ignorant that your maieftie, by your royall power and prerogatiue, may command that to be done whiche, out of your gratious refpeft to this your natiue cuntrey, yow haue beene pleafed rather to fufpend, till your maieftie wer informed of the opinionis and reafonis of your faithfull people; and yf thay, being now infinuated to your maieftie, do not appeir fufficient, oure fubmiffe aduyce is, that your maieftie might rather be pleafed to fignifie to ws the meanes whereby the courfe of fole tranfporting of all oure wolls, not draped in this king- dome to England, may be fliowne to oure people not to tend to that irre parable loffe whiche thay vehementlie apprehend, nor to inioyne a preceis THE MELROS PAPERS. 493 and prefent performance of the defire of oure nighbour cuntrie, that oure people, being thairby cleired of thair miftaking, and fred of thair fo ex treame feare of infinite preiudice, may by reafoun be convinced of thair errours, and induceit to a hairtyie obedyence. To fend commiflioners to treat, caryeing a refolution not to conclude, appeiris more likelie to croffe the buffynes and offend the pairtyis, nor to bring it to ony goode conclu- fioun ; nather expect we, that ony commiffionars to be fent, will vndertak the charge, with intentioun to exceede the particulair inftructionis to be gevin to thame, not thinking thame felffis capable to furneis replyis beyond the informationis gevin to thame. Laft, yf the purpos it felf wer more indifferent and les dangerous nor it appeiris, no tyme could be chofin fo vnfit for treating of it as the prefent, quhill we ar fo deftitute of victuall of oure awne, and moneyis to buy the forayne; and thairfoir, albeit your maieftie think the mater probable, the tyme, in oure weak iudgment, ap pears extreamelie vnfitt. All whiche we muft humelie fubmitt to your ma iefties moft excellent iudgement, onlie requeifting that your maieftie wil be gratiouflie pleafed to accept in goode pairt oure faithfull endevoiris heirin, wherein no thing wes omittit be ws whiche to the duetie of goode and faithfull feruandis apperteyned. And fo, praying the Almightie to watche oure and protect youre facred perfone, and to bliffe your maieftie with mony lang and happie yeiris, we reft for euer Youre Maiefties moft humble and obedient fubiectis and feruitouris, George Hay. Carnegy. Lauderdaill Roxburgh. Glencairne. Cranstoune. Meluill. BUCCLEUCHE. J. Erskyne. A. Mar. W. Oliphant. Ar. Naper. Melros. Lothiane. Edinburgh, 23 January 1623. To the King his moft facred and excellent Maieftie. 494 THE MELROS PAPERS. CCLXXXIX.—EARL OF MELROS TO THE VISCOUNT OF ANNAND. My verie Honorable Lord, Becaus I haue been ane ey witnes to Maifter Thomas Nicolfons kind readines to take burding in your lordffiips affaires, when the earle of Winton and others, of great place and refpect, were parties, or had interes in the contrare, I think it my dutie to remember it when his affaires requires your lordffiips help, as now ane particular concerning the heritable gift of poftmaifter at Cokbrunfpeth offers occafion. The only obiection that is made, is his maiefties vnwillingnes to make heritable offices ; but he feekes no office, but only a feruice, without pouer, or iurifdietion, or commandement, wherby he and his aires will be fubiect to feme his ma ieftie and his fubiects. When I dailie find the preiudice of his maiefties feruice by the defaults of poftmaifters, I with that all the flages in Scot land and England were affured of feruice by fuch men as he is ; for Avhen I regrate or compleane of the poftes faults, I am forced to defifl, when I heare that, wanting there pay, and not having meanes of there awne, there pouertie muft be accepted for excufe, which his fute will remoue for that ftage, and procure affurance of good feruice to his maieftie for his part. All his benefite will be to frie his tennents duelling there, from the danger of oppreffion of powerfull nighbours; and fince I haue knowne much of his affection to do your lordfhip heartie feruice, I will pray your lordfhip let him find the frutes of your lordffiips goodwill in this particular, as an earneft of the like fauour, when he fall haue a better turne to do. So, wifhing your lordffiip all happines, I reft Your Lordfliips faithfull friend to ferue yow, Melros. Edinburgh, 25 Januar. [1623?] To my verie honorable Lord, my Lord Vicount of Annand, at Court. THE MELROS PAPERS. 495 CCXC— EARL OF MELROS TO THE VISCOUNT OF ANNAND. My verie Honorable Lord, I haue receiued your lordffiips letter, concerning onlie your lord ffiips lands of Theruik, and your decreit aganis Capten Johnfton, wherof I haue fpoken to Maifter Thomas Hope, who hes promifed to fie the eftate therof, and profecute the order, as alfo that he fall compeir in any action that may concerne thefe lands, to the effect your lordfhip may be fecure by your owne rights, and be frie of any other mans danger or courteffie therin. I know the thefaurar depute and aduocat will af- furedlie obey his maiefties command in the action wherof your lordfhip writes, and I fall difcharge the dutie I owe for his maiefties intereft, and your lordffiips, to my power. I haue heard that my lady Rofs, elder, hes dealt with Robert Home to befriend her in the blok of Bagone, and promifed to be thankfull to him if ffio prevaile in it. I am alfo informed, that the reuerfion is not fo expyred but that Bas, or others having right for him, may get it fupplied and made valide ; which I haue thoght fit to aduertife according to my dutie, which fall make me euer to remaine Your Lordffiips affectionat freind to ferue yow, Melros*. Edinburgh, 30 Januar. [1623?] To my verie honorable good Lord, my Lord Vicount of Annand, at Court. 496 THE MELROS PAPERS. ccxci.—earl of melros to the viscount of annand. My verie Honorable Lord, Maister Thomas Hope hauing told me that he would perfew your emoving, but if the improbation concerned your lands, he could not ferue yow in that caufe, be reafon he wes imployed by the other partie to make his fecurities, and to forme his fummonds of improbation, which cannot permit him of dutie to refufe to affift him, whervpon I willed fir James Bailie to deale. with Mr Thomas Nicolfon, and, if he haue any laufull excufe, fome other of beft fort will be imployed. I beleeue that the the- faurar depute and aduocat will do their dutie, as they are commanded by his maiefties letter. Sir James Bailie told me, that Mr John Pape had offered to affigne to your lordffiip his compryfing and right of Bafs his lands, vpon reafonable condicions ; wherein my opinion is, that if your lordffiip find Bafs willing to bargaine fairelie with your lordfhip, ye embrace not any offer of this kynd to fkarre him ; but if your lordffiip find in him either vnwillingnes or fhifting delayes, withowt hope of reall dealing vpon his part, ye may remit to your friends and lawers the confideration of the fe curitie which may be had of thefe lands, if ye haue ane intention to pur- chafe them, by whatfoeuer laufull meanes may be offered. And fo, if your lordfhip be out of hope to fettle with Bas, and defire other meanes to attaine to the bargane, none can feeme fo fit as to agrie with the com- pryfars and others, who haue good wodfets ; which I remit to your lord ffiips confideration, and vpon knowledge of your lordfhips refolution, I fall giue all the affiftance that can fall in the pouer of Your loveing affectionat friend to ferue yow, Melros. Edinburgh, 6 Februar [1623 ?] THE MELROS PAPERS. 497 After wryting heirof, I haue receiued from Mr John Olifant the bufkins and gloues, wherby your lordffiip hes armed me againft the extraordinar cold of this feafon, which oblifes me to imploy hands, feet, and heart and all, to performe your lordffiips commandments. To my verie honorable good Lord, my Lord Vicount of Annand, at Court. CCXCII.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, According to your maiefties directioun of the xiiij of Januair laft, the captanes of the Dunkirk and Holland ffiippis, lyand at Leethe and Abirdeene, being chargeit to the xj of this inftant, the buffynes wes con- uayed and caryed with fuche fecrecie, as nane of ws, bot thefe whom your maieftie trufted thairwith, knew of the fame, till it wes broght to the coun fell table, quhen the pairtyis wer to gif thair compeirance. The Dunkirk captanes keeped the dyet; the Holland captanes at Abirdcne fend thair excufe in write in the Flemis language, the copie quhairof, treulie tranf- lated (althoght vnworthie of your maiefties fight), we haif heirwith fend vnto your maieftie. One of the Holland captanes at Leethe compeirit lykewayes, whofe fhip lyis in the harborie, and he excuifit the abfence of W TaVn° vw anmir,a11; aDd lYiS ln the raid' be 1>effoun of feeknes. We firft delt with the Dunkirk captanes, and proponned vnto thame your maiefties ouertour anent the furetie of thair depairtour and preuile/e of tua tydis, vpoun conditioun of delyuerie of thair prifonner quhairuntn thay acquiefcei, Thairefter we maid this fame ^^^31^ 3r 498 THE MELROS PAPERS. land captane, whilk, we enforced with fuche reffonis, as we thoght fitteft to cleir your maiefties doingis, to be aggreable to iuftice, and to thefe re- fpectiue dewteis of honnour and correfpondence whiche your maieftie in- differentlie keepis with all your freindis and confederatis, and whereunto the cuftome of nationis in materis of this kynd dois anfuer. His firft ob- iectioun wes anent the ranfoum of the prifonnars alreddy releued, allege- ing that no thing fould be procedit in this buffynes till thefe ranfoms wer repayit ; and one Dauid Jonkeene, marcheant in this toun, who advanceit the ranfoms, and hes a procuratorie for repetitioun of the fame, produceit three bandis, vnder the fignett of Peter Vanverrane, captane of the Dun kirk fliip at Leethe, proporting, that yf your maieftie fould fend ony ad uife or directioun anent the releif of the prifonnars, or ony of thame, that he fould pay bak the whole ranfoms. Thir bandis being ffiowne vnto the captane, and the performance of thame inftantlie vrgeit, he acknoulegeit the bandis to be his awne, bot declynnit the redelyuerie of the ranfoms Avithout a Avarrand frome the Infanta, or the Spanifhe ambaffadour, refi dent with your maieftie : whilk being proponned be ws to the Holland captane, and he vrged with a prefent anfuer of obedience or refufall, he excufit him felf vpoun the abfence and feeknes of his admirall, lyand in the raid, and defirit xxiiij houris continewatioun to be confultit and aduifed with him thairanent, promiffing that thay fould bothe come and gif thair anfuer (yf the hcalthe of the admirall wald permitt). This fliorte delay being grantit, and the dyet keept be the captane, he maid his formair excufe vpoun the feeknes of his admirall, and ftill infifted vpoun that point anent the ranfoms; Avherupoun, he being demandit yf he and his admirall, and thair colligis at Abirdeene, wald gif obedience incais the prifonner wer releeued, and the ranfoms payit bak, and quhat affurance thay wald gif for that effect, he declynned the geving of ane prefent an fuer, and defirit a note of the propofitioun in write, to the end he might commvnicat the fame to his admirall, and be aduifit with him thairanent, promiffing to gif anfwer vpoun the morne thairefter; in whilk point being lykewaycs fatiffcit, and no forder delay being expectit, he returnit wsthis THE MELROS PAPERS. 499 anfuer, that thay durfl not medle in that, mater without the aduife of thair colligis at Abirdeene, who had equall intereffe with thame in the buffynes, and thay promeift to reporte a direct anfuer, bothe from thair colligis at Abirdeene and for thame felffis, vpoun the xxv of this inftant. Wher upoun, we haueing enterit in confideratioun quhat wes nixt to be done, and haueing refpect thairwithall to your maiefties princelie command and directioun, the effectuating wherof to your maiefties honnour and credite of the cuntrey wes earniftlie wiffied be ws, yitt, we could not foirfee how the fucces could prove anfuerable to your maiefties contentment; ffor yf we had arretted this one captane who gaif his compeirance, his admirall, who is lying in the raid, and who is ftronger and more pouerfull nor he bothe in men and mvnitioun, and thair colligis at Abirdeene being loufe and free, the detentioun of him wald in no caife haif infured the tua Dun- kirkars, nor maid thair departour frome henfe free and peceable : and it is lyke aneugh, that vpoun this occafioun the ffiippis of this cuntrey, who ar bothe ritche, and mony of thame oft tymes in the Lowe Cuntreyis, wald haif vnderlyne fome trouble, it being weele knowne that one of oure fliippis that tradis in Flanders is worthe foure of the beft Holland fhippis that comes heir; and we haueing foundit the opinioun of the baillies of Edinburgh, anent the executioun of that point of your maiefties directioun whilk concernit thame, thay pretendit bothe difficultie and dangeir in the mater, and hardlie wald thay haif bene induceit to vndertak fuche a charge. The confideratioun wherof moued ws to yeild to the faid continewatioun till the xxv of this inftant, and we haif fend new chargeis to the Holland captanes at Abirdeene to keepe this dyet, with a directioun to the ma- giflrates of Abirdeene to caufe this charge be execute, and the fubftance of the fame to be delyuerit to the captanes in thair awne language, that thairby no new friuolous excufe be pretendit vpoun that occafioun. And fo, humelie befeeking your maieftie to accept in goode pairt oure fimple en- deuoirisinthis buffynes, wherin the tender regaird of your maiefties honnour, the credite of the cuntrey, and the difficultyis to bring your maiefties di rectioun to the wifhed end, wes the onlie caufe induceing ws to this con- 500 THE MELROS PAPERS. tinewatioun. We pray God lang to preferue your maieftie in healthe and happynes, and we reft for euer Youre Maiefties moft humble and obedyent fubiectis and feruitouris, George Hay. Melros. R. Cokburne. J. Hamilton. A. Mar. Lauderdaill. W. Oliphant. A. Hamilton. Roxburgh. Carnegy. Kilsayth. J. Erskyne. Edinburgh, xv February 1623. To the King his moft facred and excellent Maieftie. CCXCIIL-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, By youre maiefteis lettres of the fyft, whilk come to oure handis the xiij of this inftant, we perfaue, to oure exceiding grite greiff, that youre maieftie hes tane offence at the delay of fending vp commiffionaris THE MELROS PAPERS. 501 to treate vpoun the mater of the woll, fo cairfullie recommendit be youre maieftie vnto ws; and oure regrait is fo mutche the gritare, that the fin- ceritie of oure moft faithfull and humble affectioun to youre maiefteis feruice, hes not produceit the effeetis wiffied be ws, of youre maiefteis gra tious acceptatioun, according to oure fincere intentionis, onlie refpecting youre maiefteis honnour and goode of oure cuntrie, wherein the mony- fauld prooffis of youre maiefteis faderlie cair, ever watcheing and prouyd- ing for the happynes of this eftate, affuris ws that youre maieftie will ever accept gratiouflie all that tendis to the fame, and vindicat ws frome the haitfull conceptioun of ony courfe tending to the contrarie. And we will humelie beg pardoun to proteft vnto youre maieftie, that thair never en- terit ony fuche difloyall thoghtis in oure hairtis, as myght infer ony fufpi- tioun of youre maiefteis neglect thairof, oure awne confcienceis beareing ws witnes, that yf we had offendit in that kynd, oure erroure had beene bothe wittinglie and willinglie, aganis the light of oure knowlege ; nather did we abfolutlie refufe to fend vp commiffionars, bot, in all fubmiffiue re uerence, reprefented vnto youre maieftie the feare and greevis of youre maiefteis fubiectis, and oure fimple opinionis how thair miftakino- and feare might be obuiat and cleired by youre maiefteis cleir and excellent iudgement, that thairby, thay might with reafoun haif bene induceit to a more hairty and willing obedyence: offering oure felffis neuirtheles reddy, be oure lettre of the 23 of Januair laft, to gif youre maieftie contentment, by making choife of commiffionaris for the faid treatie, vpoun the firft re turne of youre maiefteis pleafour ; lyke as, how foone youre maiefteis let tre come to oure handis, we maid choife of the duke of Lennox, the mar ques of Hamiltoun, the earlis of Kellie and Carlile, with the laird of Bal- vaird, and Mr Johnne Hay, to treate of this buffynes. The laft tua will God willing, begin thair iornay within eyght dayes, and will mak fuche diligence thairin as poffiblie thay may. And fo, moft humelie befeeking youre maieftie to haif a gratious and fauourable confideratioun of oure procedingis, and of the finceritie of oure affectionis to youre maiefteis obedyence, whofe contentment, in euery thing belonging to ws, and to the trufte that youre maieftie hes repofed of youre affairis in ws, is more 502 THE MELROS PAPERS. pretious and deir vnto ws nor ony thing els, we pray the Almightie God to bliffe youre maieftie with mony lang and happie yeiris, and we reft for ever Youre Maiefteis moft humble and obedient fubiectis and feruitouris, George Hay. Melros. R. Cokburne. A. Hamilton. A. Mar. Lauderdaill. W. Oliphant. Edinburgh, 15 February 1623. To the King his moft facred and excellent Maieftie. J. Hamilton. Carnegy.Kilsayth. Roxburghe. J. Erskyne. Meluill. CCXCIV THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, According to youre maiefteis directioun, we had maifter Williame Kellie befoir ws, and earniftlie delt with him to make furrender of thefe landis boght be him frome the earle of Huldernes, and quhilkis youre maieftie gifted to the faid earle, in rememberance of that worthie feruice done be him in the treafoun of Gourye ; and we fhew vnto the faid maifter Williame, that youre maiefteis purpois, and the intentioun and meaneing of youre efteatis, in the granting of thefe landis to the faid earle, wes, that the fame fould haif remanit with him and his pofteritie, as a pleadge and THE MELROS PAPERS. 503 taikine of your maiefteis bontie and fauour for fo notable a feruice : bot feeing now the faid earle had difponit the faidis landis fra him and his pofteritie, fua that the rememberance of youre maiefteis princelie bontie in that mater ceaffis, youre maieftie had verie goode reafoun, in honnour and iuftice, to returne to youre awne landis (paying to the faid maifter Wil liame the fowme that he gaif for thame); and we haueing vrged him with a prefent anfwer, he declairit that he wald fend his anfwer to the faid earle of Huldernes, fra whome he doubteth not bot youre maieftie will reffaue fatiffactioun. And fo, praying the Almightie God to bliffe your maieftie with a lang and happie reignne, we reft for euer Youre Maiefteis moft humble and obedyent fubiectis and feruitouris, George Hay. Melros. W. Oliphant. Edinburgh, xv February 1623. To the King his moft facred and excellent Maieftie. CCXCV.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, This nobleman, the Lord Coluill, haueing a purpois to go to France, and be the way to kiffe your maiefteis hand, for folliciting the reeftablifheing and ereetioun of the Scottifhe gaird and Scottifhe compa nie of men at armes, according to thair firft inftitutioun, and the Franfhe king his promeis of tymes made to that effect, the faid lord for the 504 THE MELROS PAPERS. better advancement of the buffynes, hes maid earnift fute vnto ws, that Ave wald not onlie recommend him and this his honnorable purpois vnto your maieftie, bot thairwithall that Ave wald intreate your maieftie to ac- companie him with your awne lettre to the Franfhe king for the furtherance of the mater. We haueing at lenthe hard him vpoun this fubiect, and ac- knoulegeing his generous difpofitioun and tender refpect to the credite of his natiue cuntrey, and preferuatioun of the preuilegeis of the fame, for procureing whereof, he weyreis not now, in his auld aige, to vndertak fo lang and dangerous a iornay, we all allowit of his motioun, and will pre foome humelie to recommend him to your maiefties gratious and fauourable acceptance, and will crave permiffioun to intreate your maieftie, that, after conference Avith him felff vpoun the probabillityis and likliehode of this his purpois, your maieftie wilbe pleafed to accompanie him with fuche lettres to the Franfhe king, as your maieftie, in the excellencie of your princelie wif dome, fhall holde fitting; and we ar perfuadit thair wilbe no thing want ing in the nobleman, whereby his trauellis and endevoiris in this mater may bring the fame to a goode conclufioun. And fo, with the continew ance of oure vnceffant prayars vnto God for your maiefteis lang and hap pie reignne, we reft for ever Your Maiefteis moft humble and obedient fubiectis and feruitouris, George Hay. W. Oliphant Melros. Carnegy. J. Hamilton. Roxburghe. A. Mar. Meluill. Lauderdaill. Kilsayth. A. Hamilton. Edinburgh, 20 February 1623. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 505 CCXCVI.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Having by oure formar lettre, of the xv of this inftant, acquentit youre maieftie, that we had maid choife of the Duke of Lennox, the Marques of Hamilton, the Earlis of Kellie and Carlile, and of the beararis heirof, the Laird of Balvaird and Maifter Johne Hay, for the treate anent the mater of the woll, we layed this charge fo hardlie vpoun thir tua laft perfonis, and vrged thame with the neceffitie of fuche a quick and fpeedie depairtour, that thay wer forced, notwithftanding of mony laughfull impedimentis, notour vnto ws, to vndertak the charge, without haueing conuenient tyme and laifer to be confultit and aduyfed with the particularis that the importance of fuche a buffynes required ; wherein feeing the fchortnes of tyme hes preiudgeit thame of the helpis and informationis that wer neceffair for this treatie, we mon be bauld, in all reuerence, to crave of youre maieftie, that this defect may be fuppleed by youre maiefteis rare and excellent iudgement, and that youre maieftie wilbe gratiouflie pleafed to affift thame with fuche light and directioun, in the conduct and handling of this mater, as youre maieftie, oute of youre princelie and tender regaird of the weele of this youre antient king- dome, fhall think meete, quhairthrow thay may be encouraged and ftrenthned to go fordward in the treatye, with fuche dexteritie and foir- fight, as may procure youre maiefteis fatiffactioun, and the credite and weele of this cuntrey. And fo, in finceritie of moft humble and fubmif- fiue affectioun, praying the Almightie God to watche ouer youre facred 3s 506 THE MELROS PAPERS. perfone, and to bliffe youre maieftie with a lang and happie reignn, we reft for euer Youre Maiefteis moft humble and obedient fubiectis and feruitouris, George Hay. Hamilton. R. Cokburne. A. Mae. Roxburghe. Meluill. Edinburgh, 22 February 1623. To the King his moft facred and excellent Maieftie. Melros. W. Oliphant. Lauderdaill.Kilsayth. Carnegy. J. Wemis. CCXCVII.—EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, The letter wretin by James Douglas, by youre maiefties direc tion, to the Lord Chancelar and me, aduertifing ws of his highnes fuddaine journay to Spaine, being fent by my Lord Chancelar to me, I no fooner vnderftood thereby your royall pleafure, that finifter rumours of that vn- expected refolution might be fuppreffed, and als litle fpeech of it dif- perfed as could be, but forefeing that fermons were to be made the next THE MELROS PAPERS. 507 day, in all the churches of this towne, I prefentlie fent for Maifter Wil liame Struthers, and directed him to warne all his colleagues to forbeare all mention of that mater, till, by better occafion of knowledge of your maiefties will, they might vnderftand how to behaue themfelues dutifullie, in a pourpofe of fuch moment. And incontinent therefter, I difpatched to the archibifhops, to take the like order with the minifters of there pro- uinces, which wes all, that, in a cafe fo much perplexing my mind, I could conceiue to be moft fit to effect your maiefties pleafure; albeit I feare it fall not wourk fo fullie as I could wiffi, becaufe the abufe of the polls, of whofe flowneffe I haue many times compleaned, hes, in this occafion, anfuered my apprehenfion : for that letter fent to ws, being directed from Newmarket, by packet, for life, the 21 of February, at eight at night, came not to me till the firft of March at fix at night, the information of his highneffe journay being knowne heir too dayes fooner, alfwell by letters from London, as by relation of fuch as came from London to this towne by fea, by which meanes the rumour being fo difperfed, nothing now refteth, but to make the beft conftructions that may be thoght of, till we fall know your maiefties particular directions, which I humblie defire may be with diligence. And in the meanetime, I fall adde to my inceffant prayeris for your maiefties long and conftant profperities, my faithfull and heartie petitions to God, that his highneffe journay, fraughted with our feares for the great trauell and manifold dangers in cident to that paffage and returne, may tend to his honour and fafetie, and your maiefties contentment, and fall, till my death, remaine Your facred Maiefties moft humble, faithfull, and bund fubiect and feruant, Melros. Edinburgh, 3 March 1623. To the Kings moft facred Maieftie. 5<>8 THE MELROS PAPERS. CCXCVIII— EARL OF MELROS TO LORD VISCOUNT ANNAND. My verie Honorable Lord, I receiued your lordffiips letter of the fourt, with the fubmiffion exped, wherby your lordffiip hes expreffed uerie generouflie your con fcientious intention in that queftion ; and if the pairtie anfuer it not. with all reafon and dutie, your lordffiip will reape greate aduantage in the ap probation of all honeft men. I clofed your lordffiips letters, and deli vered that to the Earle of Roxburgh, who, after reading of it, moft willinglie promifed to be arbitour for your lordffiip, to attend the bufines, and proceed by informatioun of Sir James Bailie and your lawers. I gaue to Sir James Bailie the other, to be fent to the Earle of Buk- cleugh, willing him to hafle it with one of his oune, defiring him to come to the towne with diligence, to proceed and bring that mater to fome end. Maifter Robert Burnet told me, that a cofen of his, of his owne name, would fupplie his abfence. I haue willed him to difcharge the witneffis to come in vpon the 22 day, which wes affigned to them. I fpake with the Earle of Mar for your lordffiips precept, and finding, by his anfuer, how fmall hope there wes of moneyes, vrged that fo much might be aduanced as might buy the materials which I vnderftood by the maifter of work to be neceffair; but, before God, I fie litle poffibilitie at this time, inrefpect of extreame fcarcitie of moneyes, and infinit pre ceding burdings inioyned to the officers. The Vicount of Air wes gone before your lordffiipis letter came. Lag is ftill heir. Maifter Robert Burnet hes fent to flay the witneffis. As occafion fall be offered, your lordfhip fall be farder aduertifed by Your Lordfhips obedient friend to ferue yow, Melros. Edinburgh, 12 Merch, at night [1623.] To the verie good Lord, my Lord Vicount of Annand, at Court. THE MELROS PAPERS. 509 CCXCIX— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Youre maiefties lettre of the fevint of Auguft laft, towcheing the cancelling and deleiting oute of the bookis of preuie counfell, the exemptioun grantit to the Laird of Johnnefloun frome the Earle of Nithifdaill, his commiffioun and iurifdictioun ouer the middleihyris, come not to oure handis till the 28 day of Januair thairafter ; and after that we had confiderit thairof, and of the reffonis induceing ws to grant the faid exemptioun, wherein, we had no other refpect bot your maiefties obedience, the peace of the cuntrey, and the preuenting of occafionis, whilkis might walkine and fteir vp new troubles ; and remembering thair withall, that the earle himfelf wes prefent at the granting of this exemp tioun, and hard to obiect aganis the fame, and who in a maner acquiefceit thairunto, we thoght the mater to be of that importance, that it required the laird his awne prefence and heiring, and thairfoir we appointit him that day eyght dayis to compeir and anfuer ; whilk dyet being keept be him, we proponned and fhew vnto him the equitie of your maiefties command and directioun, groundit vpoun the reconciliatioun maid betuix the faid earle and him, whereby all occafionis and fufpitioun of partiall and wrangous procedingis on the faid earle his pairt wer remoued, and that your maieftie wes fo far perfuadit of the faid earle his honnorable behauiour and cariage in that buffynes, and that, by his vpright proced ingis, he wald fo labour to fofter your maiefteis goode opinioun of him, as he will ftryve to merite your maiefteis forder fauour ; wherunto the faid laird gaif his anfwer in write, proporting, in fubftance, that althoght he diftruftit not the honnour and credite of that nobleman, and wald tak no exceptioun aganis him, bot could weele rely vpoun his faithe and honnour, yitt the malice of certane his freindis and followars aganis fome of the name of Johnnefloun, wes als frefhe and violent at this tyme as 510 THE MELROS PAPERS. at ony tyme frome the beginning; and for prooffe thairof, he gaif tua inftanceis of wrongis committit aganis fome of his freindis, be Johnne Maxuell, callit of Caftelmilk, one of the fpeciall perfonis whome the faid earle hes entrufted in the executioun of fome pointis of feruice, concern ing the faid commiffioun. The firft thairof, committit within the burgh of Drumfreis, on a mercatt day, aganis a feruand of the laird of Wam- phrais, who wes fchote through the thie with a piftoll be the faid Johnne Maxuell; and the other committit aganis Williame Johnnefloun of Lo- carbie, who wes perfewit be the faid Johnne, in his awne houfe, vnder lilence of night, and his man, Alexander Harknes, deadlie hurte. Thir tua pointis being referrit to the lairdis probatioun, and a terme affignit to that effect, in the moneth of Februair laft, that dyet defertit vpoun the faid Johnne Maxwell his abfence, and a new term and dyet wes appointit to the xxvij of this inftant; whilk dyet being keept be bothe pairtyis, the laird referrit the tua pointis foirfaidis to the faid Johnne his oathe of veritie, who, being deiplie fworne, deponit anent the firft point, That he being in the burgh of Drumfreis the tyme libellit, and rydeing home with ane other gentleman, throgh Lochmaben ftreit, thay rancounterit acci- dentlie, in the narrow vennell, with fome of Wamphrais feruandis ; and the gentleman and thay haueing fallin in fome altercatioun of wordis, and fra wordis to ftraikis, the faid Johnne lighted and drew his fwerd, and thair wes fchoitis and ftraikis on ather fyde. And anent the other point, con cerning Will of Locarbie, he declairit, That he being informed that one Huntair, a fugitiue, wes in the faid Will his houfe, he went thair to feeke him, and, in your maiefties name, commandit the yettis to be maid patent vnto him ; and this Harknes comeing oute, and preaffing to flee away, and the faid Johnne fufpecting him to be the fugitiue, he followit him, bot knowis not yf in the following he wes hurte. This being the effect and fubftance of the faid laird his anfuer, aganis the recalling of the faid exemptioun, and of his verificatioun of the fame, in maner foirfaid, befydis fome verball difcourffis, whilkis he had at the bar, all importing a vehement feare that he apprehendis, yf ony of the faid earle his freindis and followaris, falbe armed and cled with your maiefties royall pouer and authoritie ouer him and his freindis, for whome he is anfuerable to THE MELROS PAPERS. 511 exhibite thame to thair tryall befoir the reft of the commiffionaris, at ony pairt outwith the burgh of Drumfreis, we humelie prefent the fame to your maiefties confideratioun, and quhateuir youre maieftie falbe pleafit to command thairin, vpoun fignificatioun of youre maiefteis royaJl will and pleafour, falbe obeyit. And fo, praying God to watche ouer youre facred perfone, and to prolong your bliffed reignn with mony happie yeiris, we reft for euer Youre Maiefteis moft humble and obedyent fubiectis and feruitouris, George Hay. Lauderdaill. Melros. W. Oliphant. R. Cokburne. Lothiane. J. Wemis. Carnegy. A. Mar. Edinburgh, the laft of Marche 1623. To the King his moft facred and excellent Maieftie. CCC.-THE LORD CHANCELLOR AND EARL OF MELROS TO king james vi. Most Sacred Souerane, We hdue ^is day receiued your maiefties letters of the 25 direetit to your maiefties thefaurar, aduocat, and ws. They being abfent m the cuntrie by occafion of the vaicance, we haue wreth/for thL and expect there returne in the beginning of the next onlk. Wef fl 'then •mpart the letters to them, and concur to the faithfull, fecret, and fPeed 512 THE MELROS PAPERS. execution of your royall commandments, and giue due and timelie ac- compt of our diligence. So, befeeching God to grant your maieftie many profperous and contented yeeres, we reft * Your Maiefties moft humble and faithfull fubiects and feruants, George Hay. Melros. Edinburgh, penult May [1623 ?] To the Kings moft facred Maieftie. ccci — earl of melros to king james vi. Most Sacred Souerane, These thrie or foure dayes wee haue beene in an exercife, wherof the counfells lettre will giue your maieftie an true accompt, but I hope your maieftie will be gratiouflie pleafed to pardone me, by relation of all circumftances, to performe the particulare charge of the place, wherewith your royall bountie had graced and trufted me. Vpon Sonday the fourth of this moneth, the Dunkirk fhipp, whiche had long loitred in the harbrie of Leith, intended to goe to fea for their returne to their owne port; the experience of alevin moneths flay here gaue them faire opportunitie, to know the eftate of oure harbrie, and the firth, and coafte adiacent; they had formerlie made to fea, but at their oAvtgoing of the port, leaving the vfuall channell kcpte by all other fhipps of this cuntrie, and of the Hollanders, who, during that fpace, many times entred and went out to fea, they turned to the eaft hand, to a fliald vifible to evrie mans * Autograph of Lord Melros. THE MELROS PAPERS. 513 eye, and their ftrikeing vpon ground, lay two tides vnder the marcie of two of their ennemies ffiipps; and fo having loft the opportunitie of the heigh ftreame (the onlie time gevin poffibilitie of their going to fea), wer, by help of your maiefties fubiects, towed back for their faiftie to the har brie, where they flayed till Sonday laft, and then making owt in the night tide, leaving, as at their firft effay, the ordinarie channell, they tooke their courfe as before, and flrake vpon ground in the verie place of their firft miffortune; whiche all think to haue beene done of purpofe to make fhow (for fatiffieing, and in effect abufeing their princes) of obeying their comandement in their returne, and in effect to find pretexte of their flay here for effiewing danger of combatt ; and many fay that their pilote, a Scottifman, having tolde them publictlie that the courfe commanded by them to be keipte by him wes their manifeft vndoing, the captane, drawing his fword, threatned to kill him, yf he went not the way commanded, whiche occafioned all that followed; and after they were by that meanes vndone, before they left their ffiipp, they ftrangled the pilote, leafte he fhould manifeft their treacherous cowardife. The trueth of this wil be knowen, and ffialbe advertifed when the poore pilots murther compleaned of to vs ffialbe tried. So foone as the Hollanders perceived their advantage, they drew neir, and beganne to perfew their ennemie with all hafte. My Lord Chauncellour, getting knowledge of the combatte begunne when he wes going to fermon, fent for the clarke of counfell and ane herauld, and directed a charge to the Hollanders to forbeare invafion within the beakin of Leith, and in the verie entrie of the harbrie, for the Dunkirkar wes not a pare of buttes lenth owtwith the peere. The water baillie of Leith could hardlie, after much diligence, move any boate to carie the herauld to the ftrangers ; and when he come and vfed his office to the neereft Holland ffiipps, he obteaned no obedience. Soone after twelue a clock the Chauncellar went to Leith, with him the Clark of Regifter and I, fand the earles of Morton, Lothian, and Bukcleuch, and there wee all refolued to renew oure charge, whiche being executed, the Ho'lland admirall, being fardeft from their ennemye, did forbeare any more mooting, but the other, to whome the charge wes firft given ftill ner filled in his difobedience; and fo long as the water ferved, he vfed all 3t 514 THE MELROS PAPERS. hoftilitie. Many houres before that time, Sir James Makoneils baftard, and others with him, pretending a defire to haue help from land, cam afhore, but neuer offered to returne to their ffiipp. Two Heiland men, ftriping themfelues naked, fwamme to land, vnder the perrifl of their ffiipps ffiot directed againft them, when the fea barred the Hollanders from further perfute, the whole Dunkirk kippage came to land, abandon ing their fhippe to fpoile, onlie curious, as appeared, to fave themfelues, their cloathes, fwordes, and mufkets; bot the rafcafls of this cuntrie wer fo barbarous, as they fell to fpoyle fo mercileflie, as my Lord Chancellor and fome noblemen with him, being in the fands, could nather, by authoritie nor ftrokes, flay the diforder. Oure rafcalls entred the fliipp and vfed fpoyle, and feeing fome Hollanders come in their boates, left the fhip voyde, whiche wes feafed and furder fpoiled by thefe flran- gers, who, having placed the Prince of Orange coulours, and made fuch havock as they pleafed, tooke downethe coulours, and retired to theirfhipp. Then the lords commanded fome of oure people to enter the fhipp for hir fafetie, and directed charges, by proclamation, to the towne of Edin burgh, commanding them, vnder the payne of treafon, to put their people to armes to come to Leith, to obey the counfells directions, for your ma iefties feruice; and fent Sir Archibald Naper to fie it obeyed, and to caufe fome cannon, with all furniture, to be broght from the caftle of Edinburgh with all diligence. Commanding alfo, by oppin proclamation, the baillies of Edinburgh and Leith to gett all the workemen of both townes, to bring downe the ordinance. Proclamation wes alfo made in Leith, that all who fhould dilate to the clarke of counfell any who had fpoyled of the Dunkirkers goods or armes, or refet them, to bring them to the baillie to be reftored to their owners, vnder the payne to be repute theeves, rebelles, and refetters of thift, and promifeing to fuch as fhould dilate and furnifhe probation, that the efcheate of the offenders fhould be gevin them; but to this houre wee haue not found one. My Lord Chauncellar and all the noblemen watched all that night, and, feeing no appearance of convening of the people of Leith, wee gaue direction to a fervant of the dark of the counfell to goe with the baillie of Leith, to take the rolle of the names of fuch as came with armes to the baillie THE MELROS PAPERS. 515 to ferve, that wee might therby know the abfents; and when the proveft of Edinburgh came verie late, fo evill accompanied, as no true hart could fie without grief, wee gave the like command to inrolle thefe who accom- panyed him: this night paffing without more fucceffe or harme, the or dinance being flowlie broght from the caftle for want of workemen, to haue beene furnifhed be the towne, wee fent of new two feuerall times to the Hollanders, craving affurance of their forbearance of furder invafion. In the forenoone, the one pretended irrefolution till he confulted with his admirall; and after wee had caufed call trenches for the ordinance, and had it ready to ding vpon one of the Hollanders lying in the drye fands, they draue tyme by delay of aunfwer, and lingring oure meffingers, till they had water to reteare from the danger of our ordinance, and then returned oure meffingers, without affurance of their obedience, intending, as wes thoght, to have brunt the Dunkirkar in the nicht. In the meanetime, the proveft and baillies of Edinburghe returned, evill accompanyed, to Leith; and be ing preaffed to ferve and guard your maiefties cannon, pretending their pri- uiledge not to ferve, except within the bounds of their owne iurifdiction, and that the cannon wes planted owtwith their bounds, nothing could be ob teaned but a promife to furnifhe thriefcoir mufketars to garde the cannon, and to releive their garde the nixt day, with the like nomber, vnder protefta- tion that it fhould inferr no preiudice by this exemple. The counfell, rely ing vpon that promife, and being wearied with their toyle of the preceeding two dayes and night, after order giuen for faiftie of the ordonance of the Dunkirk ffiipp, and bringing hir to the herbrie, went verie late to take fome reft ; but the Chauncellaur being extrem carefull to fie all dangers pre vented, arofe foone after midnight, warned the others of the counfell to affift him to fupplie fome appearing diforders, and walking till day, and feing all perils pall till the afternoone tyde, went to Edinburgh. I having ftayed at Leith, went to fie the eftate of the Dunkirk ffiipp, and diligence of thefe to whome ffie wes trufted ; and finding that they wer able to draw furth and call on the fands all the ordonance before allevin houres, folicit- ed them to take paynes to repare the ffiipp, that fhoe might be broght within the harbrie in the afternoone, promifeing them recompenfe of their travells to their owne contentment ; and therafter going to fee the eftate of your 516 THE MELROS PAPERS. maiefties cannon lying befide Sant Nicolas, fand ne liveing man attending them, but two of the ordiners of the caftle of Edinburgh, the reft of their nomber being gone to take their neceffarie eafe after much travells ; and fo perceiving that (none of Edinburgh attending as they had vndertaken) two men might have clowed them, I prefentlie caufed fome who wer with me to take mufkets and pikes, whiche I had caufed bring from my houfe, and placed them to garde the ordonnance, whiche had beene committed to the keiping of the towne of Edinburgh, till my Lord Chauncellars re turne, who, vpon my advertifement, returning fpeedelie, after fome other neceffar directions, commanded all diligence to be vfed for bringing in the ffiipp, whiche the preceeding day he had caufed feafe as your maiefties prife, and fet your maiefties coulours vpon hir, and finding neceffitie of much help of well affected gentlemen, inrefpect of the vifible flacknes of others, to whom it more properlie belonged, he fett all dignitie afide, and being moft hartelie affifted by the noblemen and counfellours before named, he not onlie commanded, but, for exemple, played the pioner to tow in the ffiipp within the harbrie, whiche no travells then vfed being able to accompliffie, your maieftie will vnderftand the finall event by the coun- fells letter. I know your maieftie will effend and admire the barbaritie of fome of our people, and difobedience of others, but I befeeche your ma ieftie to beleeue that the magiftrats of Edinburgh haue taikin extrem paynes, and vfed the vttermoft of their diligence and authoritie, without fucceffe ; for the trade of our marchants and mariners with Holland is fo profitable to them, and neceffare to the cuntrie, that thefe refpects, ioyned with the opinion of conformitie of religion, and the diflike of the others for difconformitie in that poynte, hath fo vniverfallie poffeffed our cuntriemen, with favour to the one and hatered to the other, as nather counfells nor ma giftrats command or entreatie could procure any fervice ; and yf your ma ieftie fhould preaffe vs with curious recherche and condigne punifheing the difobedients, I proteft to God, I fie no probabilitie how wee could per forme it ; for where the nomber and power of the perverfilie difpofed doeth infinitlie furpaffe the endevours of the faithfull and obedient, command turnes to encreafe of contempt, and effay to punifhe, may turne to violent refiftance ; and yf my weake opinion may be propounded without your THE MELROS PAPERS. 517 maiefties difpleafour, I wold wiffie that meanes were found for monyes to be a ftoke or cerarium belli referued to the levie of men, and furniture of prouifions, to execute all things concerning your maiefties authoritie and obedience, becaus, by this proofe, wee haue not to expect that proclama tions will doe it, in any matter not gratious to the people ; neither wold I wiffie that this fubiect fhould be taiken hold of, fince the contempt of Edinburgh hath beene fo vniverfall, that when the magiftrats of Edinburgh (their charges by their officers being difobeyed) wer forced to enter in mens houfes, and raife them from their tables, they could not draw them to fervice, but rather that your maieftie, feeming fatiffied with the fervice done by honeft men, ffiould be provided of meanes to wage fouldiers to puniffie the firft manifeft contempt of bad exemple that fhould hereafter fall furth, and fo renewing formidinem poence in the harts of the evill affected, they might be reduced, and the faithfull confirmed to concurre to your obedience. Paffion hath ouercome me in fome circumftances of this buffines, and moued me to doe and fay more, both of our owne people and the Hollanders, nor a calmer time and exercife wold haue required ; but fince all proceeded of fervour to fie your maiefties fervice advanced, or coldnes rebooked or amended, I will expect your maiefties wonted gratious conftruction and pardon, and fhall euer befeeche God to graunt your maieftie many yeares, with all accomplifhed contentment, and never fuffer me to hue ane houre after I want a true defire to hue and die Your Maiefties moft oblifhed, humble, and euer faithfull fubiect and feruant, Melros. I humblie craue pardon for vfeing anothers hand to this letter, for I take God to record, that my grief to fie ftrangers attempts tend to wound your maiefties honour, and the difobedience of an ingrat and vngra- cious multitude of your maiefties fubiects, with the confideration of your moft deare fones being in Spaine at this occafion, making me to con- 518 THE MELROS PAPERS. cur with your maiefties counfellors in towne, by toile of bodie by day, and watching by night, fince Sonday morning, in hope to help things, albeit without fucceffe (fince now the Hollanders haue brunt the Dunkerk ffiip, in maner particularlie expreffed in the counfels letter,) my eyes are fo blinded that I could not write, nor had laifer to do it, being forced this forenoone to prefcriue to the clerk of counfell the mater of the firft part of there letter, and to dite verbatim to him the laft half therof. I fub- miflie entreat, that your maieftie may be pleafed graciouflie to accept my faithfull intention, and vttermoft endeuors to excufe the defects of the performance of that I owe. And albeit I haue no obligation to the towne of Edinburgh, the multitude taking themfelues in there raillings to me as having vfed violence aganis fome of the difobedient people, and threatned there magiftrats with words of contempt ; yet remembering how incident errors are to multitudes, when they concerne the intereft of there gaine or loffe in their privat, and that they can hardlie be well reduced by rigour, when the nomber pains nomber, I will of new beg permiffion to entreate your maieftie not to take any hard courfe with them at this time, or ex- preffe any determination againft them, but rather to keep your refolution in fufpenfe, and, declaring generallie your difpleafure for there vnthankful- nes, your maieftie may be pleafed to reclame them by clemencie, mixed with autoritie, at convenient times, with that temper which your maieftie hes in all bypaft times moft mildlie and wifelie vfed touards your fubiects, with Gods vifible bleffings, wherof I befeech him to grant your maieftie perfite and endleffe continuance, and to me the grace to merite be ac- compted Your Maiefties moft faithfull and obedient fubiect and feruant, Melros. Edinburgh, 7 May [1623?] To the Kings moft facred Maieftie. THE MELROS PAPERS. 519 CCCIL— Mr PATRICK HAMILTON TO THE VISCOUNT OF ANNAND. My Lord, The counfell of Edinburgh having vnderftood by their dark, Mr Johne Hay, how infinitlie they are bound to the conftant continuance of your noble favours towards them, and that they owe the acknowledgement of his good fucceffe in their affaires, onlie to your lordffiips noble further ance, they are, by their owne lettre, herewith fent to your lordfhip, humblie to thank and proteft their earneft defire and refolution, according to the infinitnes of their obligation, to honour and ferve your lordfhip ; and be caus they prefume that your lordffiips regaird to me, as your fervant, may poffiblie move your lordfhip to looke with the more favourable eye vpon their affaires for my intereffe therein, they therfore fent for me, and think ing their lettre wold not be the vnwelcomer, yf I fhould accompany it with one of my owne, their inftant intreatie hath impofed vpon me a neceffitie of this prefumption, to begg of your lordffiip that I may hereby beare a part with them in humblie thanking your lordfhip, for your lordffiips fo conftant and favourable furtherance of their affaires, whiche I hope your lordfhip will pardone in me, who fhall wiffie no longer breith then I ffialbe readie to bellow it for your lordffiips fervice ; and fo, humblie kiffing your lord ffiips hands, I reft Your Lordffiips moft humble and obliged fervant, MB. P. Hamilton. Edinburgh, the 15th May 1623. To the right noble and my fpeciall good Lord, the Vicount Annand. 520 THE MELROS PAPERS. CCCIII.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Soueraigne, Besydis the infinite prooffis and experienceis, whilkis this eftaite hes ever had of youre maiefties moft conftant and vnchangeable affec- tioun, fo lyvelie and powerfullie manifefted towardis thame in all occa fionis fra tyme to tyme prefentit to youre maiefties royall confideratioun, the lait reporte maid vnto ws be the Laird of Balwarde and Maifter Johne Hay, commiffioneris in that treatie anent the woll, and quhilk wes fecondit by youre maiefties moft comfortable lettre, and prudent direc tioun, fend vnto ws, anent the manufadure of the native commodities of this kingdome, hes, to oure exceiding grite comfort, not onlie walknit and fteirit vp oure affedionis to a moft fubmiffeiue and reuerent acknawledge- ment of youre maiefties more then fatherlie care and endles affedioun towardis ws, whairof we find a daylie grouthe and progres, bot with that, it bindis ws in confcience befoir God, and in oure dewtie and alledgeance to youre maieftie, not to conceale, bot to publiffie the fame to all youre maiefties fubiedis, that we and thay, vpoun the confideratioun of fo many grite bleffinges flowing vpoun ws frome youre maiefties moft comfortable and bliffed gouernament, may concurre with oure prayeris vnto God for youre maiefties long and happie reign. And tuitcheing that point of the manufadure, we haif appointed a meeting of fome noblemen, baronis, and burgefs, frome all the pairtis of the kingdome, to be heir in this burgh vpoun the nynt of Julij nixtto- come, whair the buffynes falbe fett a foote and profequuted, by the beft meanes that may bring the fame to a goode perfedioun, to youre maief ties honnour and contentment, and weele of youre fubiedis. And fo, THE MELROS PAPERS. 521 continewing oure vnceffant prayeris vnto God for healthe, and a long and happie lyffe to youre maieftie, wee reft Youre Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. Morton. A. Mar. Nithisdaill. Melros. At Edinburgh, the fext of Junij 1623. We haif thoght meete to acquent youre maieftie, that the names of the tua Holland capitanes ar Vallentyne Deaffau, capitane of the ffiip callit Sir Lucas. Adam Pieterfvander. To the King his moft facred and excellent Maieftie. >'¦/¦¦¦- ' CCCIV.— THE OFFICERS OF STATE TO KING JAMES VI. Most Sacred Souerane, We haue diuers times met and feriouflie confulted, vpon the heades of your maiefties letter of the 24 of May, concerning the proceedings of the towne of Edinburgh, and fome vndutifull fubieds, during the hoftilitie betuix the Hollanders and Dunkerkers at Leith, and for obedience of 3 u 522 THE MELROS PAPERS. your royall commandment, do humblie offer to your gracious cenfure the anfuers following: — Firft, we think the fpoiling the Dunkerkers of there goods, after there coming to land, to be violent reif, meriting capitall punifhment. The fpoiling of the fhip by our people, after fho wes abandoned both by the Dunkerkers and Hollanders, to be ane high offence, triable, and feuerelie punifhable, by your maiefties fecret counfell. And that thofe who beakned to the Hollanders to come and feafe vpon the fhip left by the Dunkerkers, ar guiltie of fauour and affiftance giuen to the Hollanders, who, before that time, by there difobeying the charges giuen to them to keep your maiefties peace, and forbeare all hoftilitie, by fea or land, in this your maiefties kingdome, wer become your maiefties rebels, and contemners of your autoritie royall ; and that the faid fauour wes giuen agains your maiefties confederates, being vnder your maiefties peace and royall protedion ; which offenfe being without any knowne exemple, we can not affuredlie refolue, whether it be more proper to be perfewed criminallie before the juftice, or as an ex traordinar and haynous offenfe, arbitrar to the counfell. Neither can Ave fie how the towne of Edinburgh, can be compelled to try the com mitters of the aforefaids crimes and offenfes, as that of the feventent day of December, becaufe that tumult wes flirred vp in there pulpet and churches, and executed vpon there calfay by many of there owne bur- geffis, in the prefence and fight of the magiftrates. But all the diforders done vpon Sonday at Leith, were before the charge giuen to Edinburgh to come thether, fo as none of them being at that time in Leith, but one of the water bailies, he wes fo bulled in doing the counfels manifold diredions, wherin he performed his vttermoft diligence : it feemeth more proper to impofe that triall vpon thofe, who haue that charge from the Dun kerkers, or vpon your maiefties officers, nor vpon Edinburgh, none of there people being knowne to haue been adors particularlie, but a multitude of baffe fellowes, alfwell of the adiacent cuntrie as of Edinburgh and Leith. The proteftation made by the magiftrats wes founded vpon there pretended liberties, granted by there infeftments, whervpon no inftru- ments being taken, and it being paft fra in effed, by there offer of obe- THE MELROS PAPERS. 523 dience at that time and occafion, by there vndertaking to guarde your maiefties canon, as they were commanded; we think there not perform ing therof to be a dired and wilfull difobedience of your maiefties pro clamation, puniffiable by the iuftice, according to the courfe vfuallie obferued in cafes of that nature. And albeit the payne denunced by proclamations, be tinfell of life, lands, and goods, yet we remember not that it hes been vfuallie inflided, but rather that the parties either becom ing in will, or being convid by affife, haue been warded and fyned at the princes pleafour. In this occafion, it is alfo to be confidered, that the fuddantie of the accident, and multitude of confufed occurrences, per mitted not time to dired the proclamation in folemne forme, and to pub- liffi it by herauld and trompet, but onlie by a fummare warrand, vnfig- netted, and publiffied by found of drum. Yet it is vndeniable, that it came fufficientlie to the peoples knowledge ; and that not onlie the magiftrats came in armes to Leith with fome of there nighbours, vpon Sounday, at night, and receiued there diredions for your maiefties feruice, by the Lord Chancelar, affifted by the other counfellours then prefent, and were commanded to returne the next day for the like effect ; but alfo vpon Mononday, wer of new commanded to guarde the cannon, which they vndertooke, and did not performe, which makes the magiftrats offenfe vndeniable and inexcufable, vnles they giue vp the names of thrie fcore of there burgeffis, whom they charged with that feruice. So either the magiftrats for negleding to dired and command, or there burgeffis for difobedience in performing there charge, muft be fubied to your maiefties iuftice, or to your royall cenfure. Thefe, our weake opinions, we humblie offer to your maiefties moft excellent iudgement, moft earniftlie wifhing, that your maieftie may be graciouflie pleafed, by letter, to inquire the minds of all your counfellors be fore ye dired any perfute to be moued againft the offenders, becaufe your maiefties precife commandement of fecrecie would not permit ws to con fer with any man, vpon fuch difficulties as feemed to ws verie materiall, inrefped of the noueltie of diuers circumftances, the like wherof haue not, to our knowledge, before occurred, or been decided before the counfell or iuftice, whervpon, if any thing fould be otherwayes determined 524 THE MELROS PAPERS. by the fkill and nomber of the reft of the counfell, your maieftie might be difpleafed, matters not fucceeding according to your commandment, and we blamed for the rafhnes and errour of our opinions, which we fall faith- fullie ftudie to decline, and readelie endeuour our felues reallie to aduance all your royall intentions and commandments, according to our moft oblifhed dutie ; and fall inceffantlie befeech God long to bleffe your maieftie with moft accomplifhed happines and contentment.* Your Maiefties moft faithfull and humblie obedient fubieds and feruants, George Hay. A. Mar. Melros. W. Oliphant. Edinburgh, 13 June [1623.] To the Kings moft facred Maieftie. CCCV.-EARL OF MELROS TO THE VISCOUNT OF ANNAND. My very Honorable Good Lord, My packet of the 28 of July [June ?] carried your patent. Yefternight, I receiued yours of the 24. This day I could not meet with Sir James Holograph of Lord Melros. THE MELROS PAPERS. 525 Bailie. I haue caufed James Hamilton feek him. If he be found, I fall dired him to try John Auchmouties refolution anent the fubmiffion, and if he confent to the forme prefcriued by yow, we fall caufe draw it vp, and fend it to be fubfcriued, and if he refufe, your lordffiip fall be aduer tifed. Albeit he allow the fubmiffion, no meeting can be before the 28 of this moneth, becaufe the Vicount Lauderdaill* is to go to Stratherne to morrow, with the Counteffe of Roxburgh, to fie the Earle of Perth, of intention to ftay there the moft part of this moneth. I fall alfo defire Sir James Bailie to deale with Robert Lauder, as your lordfhip does al low. The Earle of Winton hes willed me to defire your lordfhip, if that de creit arbitrall, which I paffed betwix your lordfhip and him, for the bail- erie of Cunighame, be in your lordffiips hands, that it may be fent to be regiftrat, wheranent he fayes, he will write to your lordffiips felf. I haue defired James Hamilton to caufe Robert Creichton fpeake with me, when he comes to this towne, that I may let him know your lord ffiips care of his good, and my readines to him. I thank your lordffiip for fhowing to the Earle of Niddifdaill, the truth of my dealing. Many times I told him, that befide the refped I did beare to his owne place and worth, that I wes infinitlie bound to the Marquis of Buckinghams many great and vndefferued fauours, and finding my felf vnable to requit them by any feruice to him felf, God having fo bleffed him, as he neither needed the prouffes of my feruice, nor did I fee any way to teftifie my thankfull minde to him felf. I would ftriue to em brace all occafions to make it knowne by my dutie to his lordffiips freinds in this countrie, and chiefhe to the Earle of Niddifdaill, who had the honour to be nearer to him by alliance. Thefe duties haue obleifhed me, and I haue beene, and fall be, readie to performe them fo far as an honeft man can do in my place. My remembrance of the freindfhip which wes betwix the Laird of Johnfton and me, binding me to keep dutie to his fone, will moue fome of my lords freinds to think and preafe to perfuade * Viscount Lauderdale was created an Earl 14th March 1624. 526 THE MELROS PAPERS. him that I can not be dutifull to him, but knowing that his lordfhip is honorable and wife, I affure my felf that he will think that I may difcharge honeft dutie to both, and will pray your lordfhip to vfe your beft credit to remoue all eylifts, and increafe the occafions of freindffiip amongs them. I am glade of the freindfhip confirmed betuix the Marquis of Hamilton and your lordfhip, which I fall euer wiffi to continow, and fall negled no occafion to cherifh it to my vttermoft, as a mater which imports both your goods, and the contentment of Your Lordffiips faithfull freind to do yow feruice, Melros. Edinburgh, firft of July [1623?] To my verie honorable good Lord, my Lord Vicount Annand, at Court. CCCVI— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Whereas youre maieftie wes pleafed, in the fax hundreth and nynetene yeir of God, oute of youre princelie and tender regaird and THE MELROS PAPERS. 527 compaffioun of the miferyis of the poore, who wer far preiudgeit and hin- derit of their almous, and of the cheritie of the people, through the default and fcairftie of fmall moneyis within this kingdome, to grant your war rand for the coynage of fyve hundreth ftane weyght of copper, in penny and tua penny peeceis, to the intent that the neceffityis of the poore, whilk wes your maiefteis cheif purpois, being in fome meafour releeued, the intercourfe of fmall commodityis in pennyworthis amongs your ma iefteis fubiedis, might, in lyke maner, be the better interteyned, wherin your maiefteis warrand and diredioun had a goode fucces for fome certane yeiris, to the grite confort and releiff of the poore, till now of laite, that pairtlie through occafioun of this extreame derthe and penurie of viduall, quhairwith the whole land is fo vniuerfallie vifite, bot cheiflie by the daylie growthe and increfce of the nomber of beggaris, who, as we may trewlie afferme vnto your maieftie, ar now become fax for one, it hes fallin oute, that of this whole quantitie of copper formarlie coyned, thair is litle to be found now current amangs youre fubiedis, quhairthrow, thair cheritie and beneuolence towards the poore, hes bene verie far in terrupted and hinderit, albeit thair nomber be now gritair, and thair mifereyis more lamentable and pitifull, nor ever wes feene or hard of in this cuntrey. The confideratioun quhairof, conioyned with the ne ceffitie of fmall money, whilk wes never fo vrgent as at this tyme, hes moued ws moft humelie to requeift youre maieftie, that your maief tie wald be pleafed, by youre lettre, to be returnit vnto ws, to gif your royall confent and allowance for the coynage of other fyve hundreth ftane of copper in the fpaceis foirfaid, or leffe or more, as the necef fitie of the cuntrey fhall require, and that we may haif your ma iefteis allowance to aggree, with Maifter Cunyeour for the coyn age, vpoun fuche conditionis as the worke may " conuenientlie beare, quhairthrou, the miferyis of the poore, may be in fome meafour re leeued, and that your maiefteis fubiedis, who ar verie weill affedit and difpofit towards thair fupporte, may haif the occafioun, fra tyme to tyme, to extend thair cheritie towards thame. And fo, praying the Almightie God to watche ouer your facred perfone, and to continew 528 THE MELROS PAPERS. and multiplie his bliffingis vpoun your maieftie with mony happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiedis and feruitouris, George Hay. Melros. Lauderdaill. R. Cokburne. W. Oliphant. J. Wemis. Geo. Areskyn. Meluill. J. Erskyne. Kilsayth. Haliruidhous, the third of July 1623. To the King his moft facred and excellent Maieftie. CCCVII.—EARL OF MELROS TO THE VISCOUNT OF ANNAND. My verie Honorable Lord, Your doghters fecurities of her jointure ar exped, but your lordffiips owne of your excambium, proceed more flowlie, becaufe Maifter Thomas Hope hes not yet goten from the Earle of Niddifdaill, all the euidents that are requifit for his information. A poore old fellow, called Thomas Young, feruant to the Ladie Bas, wes before the counfel vpon the firft of this moneth, for cutting the Lairdis wode of Prefmenane. He alledged that he had the laird and ladies warrand, but fliew none to the counfell; but I faw particularlie the ladies warrand, fubfcriued be her, which I thoght not laufull for making fo great waft of that, which belonged to her fone, yet there wes great THE MELROS PAPERS. 529 oppofition made be great men, alledgeing, that fince George Hepburne, in whofe name the charges were vfed, ffiew no warrand from the laird, he could haue no place to perfew the cutters of the wode. So, as I wes forced to propone the caire the counfell fould haue, to prevent diftrudion of policie, fpeciallie of wode, which is fo fcarce in this cuntrie, that the feafon of the yeer wes fo vnfit, that what is cutted after this time will not grow agane ; and, which wes moft to be refpeded, that his maieftie, before his coming to this cuntrie, had, by letter, recommended to the counfel to defire the Laird of Bas to keep and hayne the wode, and the roes that Avere in it, for his maiefties recreation, wherof we were oblifhed to wiffi the like happie occafion ; but when it fould fall furth, his maieftie would be difpleafed to know that this fide of the cuntrie, from Beruik to Edin burgh, fould want wode and meanes of his or his fones fport, wherby I obteaned, that the cut fould be delayed till the laft day of this moneth, and George Hepburn is direded to produce the lairds warrand for flay of the farder deftrudion of the wode. My opinion is, that your lordffiip moue his maieftie to caufe fignifie to the laird, his pleafure, anent the hayning of the wode and forbearing to cut it, and that he write to the counfell to ftay it, till the lairds returne, or whill he fend his expreffe warrand, in writ, to his feruants. I am perfuaded this courfe will greatlie offend the ladie, becaufe I moued George Hepburne to make this ftay. Scho will pretend that it wes refolued to be fold for paying ten thoufand merkis to the Laird of Congilton, but the ffiift is vnthriftie, and will neuer work her end. What is concluded heiranent, muft be fignified before the end of this moneth, or els the diforder will go on, and will not be gotten longer ftayed by Your Lordffiips faithfull friend to ferue yow, Melros. Edinburgh, 4 July i623. 3 x 530 THE MELROS PAPERS. Your lordffiips two letters of the 27 June came when I wes to clofe the packet. Maifter Thomas Hope affures me that perfite order is taken for your lordfhip and Sir R. Gordons fecurities with Williame Douglas. I think your lordffiips refolution, anent the tryall of a fervant in Robert Philips place, verie good and wife, that none be trufted, but he that fall be knowne to be fufficient and faithfull. The Vicount Air parted fifteene dayes ago to England. I fall do in the mater of the greeuances, as his maieftie hes commanded, and as your lordfhip hes wifelie aduifed me ; and in evrie thing fall affift to my power, that which fall be thoght fit by thofe whom his maieftie trufted with the bufines, and fall aduertife your lordfhip of the progres therof. If your lordfhip think that the fight of my other letter would not offend my lord marquis, or preiudge your lordffiips truft, I fould be glade he know thereby my dutifull refped to his honour and contentment, which I remit to your lordffiips wifdome. To my verie honorable good Lord, my Lord Vicount of Annand, at Court. CCCVIIL— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Whereas the tyme of the changeing of the fchireffis, of whome youre maieftie hes the nominatioun, now approtcheis, we haif thairfoir fend vp heirwith, vnto youre maieftie, ane roll of the jufticeis of peace within thefe fchirefdomis, to the intent youre maieftie may poynte oute fuche, whome your maieftie wilbe pleafit to prefer to beare office for the THE MELROS PAPERS. 531 yeir to come. Thay who ar prefentlie in office ar markit with the lettre P. And fo, continewing oure prayers vnto God for youre maiefties lang and happie reignn, we reft Youre Maiefties moft humble and obedyent fubiedis and feruitouris, George Hay. Melros. A. Mar. Haliruidhous, the aught day of July 1623. To the King his moft facred and excellent Maieftie. CCCIX.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Whereas, at the firft nominatioun maid of ws, be youre maiefteis darreft fone, the Prince, with youre maiefteis aduife, to haif the charge of the adminiftratioun and gouernament of his affairis, and leving in this kingdome, we all thoght that youre maiefteis awne feruand, James Prim- rois, wes the fitteft man to be oure dark in that feruice, alfweele in regaird of his diligence and daylie attendance vpoun ws, for youre maiefteis affairis, as of his fufficiencie and honneftie, verie weele knowne to your maieftie, and to all youre fubiedis who hes to do with him in his feruice. Bot it pleafed youre maiefteis darreft fone, at that tyme, to mak choife of vmquhile Maifter James Scott for that feruice, not for ony 532 THE MELROS PAPERS. diflyke that he had to the other, bot oute of his affedioun to the faid Maifter James, with whome his heynes wes better acquented, nor with the other. And now the faid Maifter James being, at the pleafour of God, depairtit this lyffe, we continew in oure formair opinioun, that the faid James is yitt the fitteft man for the feruice, whilk, in effed, is one with that fame that he hes of youre maieftie ; and we perfwade oure felffis, that as he hes cairfullie and paynefullie ferued youre maieftie, without the leaft imputatioun of reprotche, that fo he will endeuoir, by the lyke folicitude and cair, to approue him felf to youre darreft fone. And thairfoir, we haif prefoomed now, in the abfence of youre faid darreft fone (vnto whome we pray the Almightie God to grant a happie returne), to recommend youre awne feruand to your maieftie, humelie requesting youre maieftie, to latt ws haif youre maiefteis allowance and fauour, to ref- faue him in this feruice, vntill it fhall pleis God that we vnderftand the prince his awne will thairanent, vnto whome we haif writtin for this effed. The faid James is fomutche the more earnift in this particulair, becaus all thefe who hes ony officeis of youre maieftie heir, ar reffaued in the fame officeis vnder the prince, he onlie exceptit. And fo, praying God lang to preferue youre maieftie in helth, and to grant vnto your maieftie mony happie yeiris, we reft Youre Maiefteis moft humble and obedyent fubiedis and feruitouris, George Hay. Melros. A. Mar. Roxburghe. Ar. Naper. Haliruidhous, x July 1623. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 533 CCCX.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, We reffaued youre maiefteis lettre, by the whilk youre maieftie wes pleafed to recommend vnto ws, the confideratioun of the feuerall of- fenffis committit be youre maiefteis fubiedis, in that mater of the Dun kirk fhip, brynt at Leethe, and thairwithall willing ws, by oure vniforme opinionis, to refolue youre maieftie thairanent, vpoun the refett of this lettre. After that we hard the relatioun of youre maiefteis fecretarie, concerning the particularis of this buffynes, and finding the fame, in confequence and example, to be of grite importance and deliberatioun, we had tua meetingis for that purpois, and verie narroulie examined all the particularis recommendit be youre maieftie vnto ws, and haueing aduifed and difcufl all the obiedionis and doubtis that wer proponned thairanent, and, firft, towcheing that point anent the violent and ffiame- full robbing of the companie of the faid fhip, after thay had left hir and come to land, we find, that quhairas occult and preuie ftouthis ar pvnifheit be deathe, that this violent and maifterfuil flouthe, committit in day light, in the prefence of twa thoufand perfonis, is a cryme of heighair degree, and will fall vnder the compas of flouthe reaffe, and fo is pvnifheable accordinglie. And towcheing the fecund point, anent the fpoyll of the fchip after that the Hollandaris had boordit hir, and eredit the Prince of Orange his cullouris, and then left hir, we find that point to be of the natur of ane ciuile adioun, and that it may be perfewit outher ciuile befoir the ordinair iudge, or befoir youre maiefteis counfell, as ane oppin violence and oppreffioun. And towcheing the thrid point, anent thefe who baikynned, and gaif wairning and fignis from the ffioir, to the Hol landaris to come and boorde the Dunkirk ffiip, we find, that feeing the Hollandaris had diffobeyit twa chargeis gevin vnto thame, in youre ma- 534 THE MELROS PAPERS. iefteis name, be a herauld and trumpett, to obferue youre maiefteis peace, and to foirbeare the perfuite of the Dunkirkair, who wes lyand on dry ground at the mouthe of youre maiefteis harborie, and fo, by thair dif- fobedyence, profefl thame felffis to be rebellis to youre maieftie, and contempnaris of youre royall commandment ; that thairfoir all thefe who affordit vnto thame the meanes and occafioun to perfew the Dunkirkairis, who Aver youre maiefteis freindis, lyand heir vnder youre maiefteis pro- tedioun, hes incurrit the pane and cryme dew to affiftaris of youre ma iefteis rebellis ; bot becaus the criminall tryale of this point wilbe hard and difficle, as depending vpoun a naiked fignne, and the conceptioun of ane intentioun in the makeris of the fignne, we find it more expedyent, for the better difcouerie of the trewthe, that the mater falbe tryed befoir youre maiefteis counfell, quhair it may be cleirit be oathe of pairtie or be witneffis, nor by ane affife. And towcheing that point quhair the magiftratis of Edinburgh, being commandit to gaird the cannoun, pro- teftit that thay could not be haldin to ferue outwith thair liberteis, we find, that feeing the proteftatioun paft onlie an difcours, and wes not Hand too, bot obedyence promeift, that thairfoir no cenfure nor pvniflie- ment can follow thairupoun. And towcheing the laft point, whilk hes tAva memberis; the firft, yf the magiftratis of Edinburgh, conforme to the diredioun and command gevin vnto thame, appointit a nomber of thair toun to gaird the cannoun ; and yf thefe who wer appointit, obeyit, we find, that howeuir the pane of proclamationis for ryfeing in youre ma iefteis feruice be ftrait, that neuirtheles, it can not be fundin, be ony re cord or memorie of man, that the rigour of the law hes bene inffided in this point, bot the pvnifhement hes euer bene turned in compofitionis and fynes. And thairfoir, in oure opinioun, it is meeteft that the tryall of this mater, falbe remittit to youre maiefteis counfell, who wilbe cairfull to tak the moft exad tryall thairin thay can, and, accordinglie, will aduerteis youre maieftie with the progres of thair procedingis, to the intent youre maieftie may gif youre aAvne aduife anent the forme of pvnifhement. And towcheing thefe of the toun of Edinburgh, who diffobeyit thair magi- ftrattis, being commandit to attend the magiftrates to Leethe, we find that thair offence being rather ane omiffioun of thair dewtie, nor ane con- THE MELROS PAPERS. 535 tempt, fould be remittit to the magiftrattis thame felffis. This being the effed of oure waik and fimple opinionis in thir particularis, we humblie prefent the fame to youre maiefteis confideratioun, fubmitting oure felffis thairin, as in all otheris thingis, to youre maiefteis more rair and excel lent iudgement, and quhat youre maieftie falbe pleafit forder to command herein falbe accordinglie obeyit. And fo, praying the Almightie to bliffe youre maieftie with mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedient fubiedis and feruitouris, George Hay. Nithisdaill. Carnegy.W. Oliphant. Glencairne. Buccleuche. Al. Elphinston. Ar. Naper. Melros. Hamilton. Lauderdaill. Haliruidhous, the firft of Auguft 1623. To the King his moft facred and excellent Maieftie. CCCXI.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Thair wes a petitioun gevin in to your maiefties counfell be the earle of Murray, fteuart of Menteathe, and his deputis, proporting, that his faidis deputis haueing apprehendit vmquhill Duncane Moyll Camo bell, a commoun and notorious theif, within the boundis of Menteathe 536 THE MELROS PAPERS. in the verie fad of thift and foirning, and haueing putt him to the knowlege of ane affife thairfoir, he wes convid of the faid cryme, and fentence of deathe pronunceit agains him; and his executioun being for fome feAv dayis continewed, to the intent he might haif had the better occafioun to be reconfiled with his God, feeing he wes ane roode, igno rant man, without ony knawledge of God; that in the meantyme, Robert M'Patrik, his brother, accompanyed with a nomber of lawles and rebel lious lymmaris and fornaris, come to Menteathe, and to the duelling houfe of Patrik Steuart thair, feruitour to the faid earle, whome thay tooke oute of his houfe, and caryed him with thame to the hillis of Glenurquhy, of purpois to haif keeped him as a pledge for releif of the faid Duncane ; and thay threatned him with the moft cruell deathe thay could deuife, yf the faid Duncane wer not fett free ; and thay fend worde to the deputis, yf the faid Duncane wer execute, that thay fould fend the faid Patrik his heade vnto thame, which moved the fteuart deputis, vpoun trew apprehenfioun of the gentleman his dangeir, to refolue vpon fome courfe for his relieff. In the profequutioun whereof, after thay had gottin notice quhair the gentleman wes keeped be the lymmaris, thay maid thair addreffe thair, and fend a meffage vnto thame, firft intreating thame, and thairafter in your maiefties name commanding thame, to fett the gentle man free, whilk thay not onlie refuifed to do, bot enterit in a furious perfuite of the fteuart deputis, and of the gentlemen that accompanyed thame, and with hacquebutis, piftollis, and arrowis, perfewit thame of thair lyveis ; in the whilk perfuite, it fell oute, be the prouidence of God, that the gentleman wes releued, and three of the lymmaris killed and on appre- hendit, who is in handis, and referued to his pvnifhment ; and of thefe that wer killed, twa being rebellis for thift and murthour, and the third (althoght a knowne commoun thief) not rebell, fome of his freindis, who, during his vnhappie lyfe, feamed to mifknowe him, hes now, after his deathe, maid fome buffynes, and intentit a criminall perfuite for his flaughter befoir your maiefties iuftice ; wherupon the gentlemen who wer challangeit haueing meaned thame felffis to the counfell, and, inrefped of the circomeftanceis of this mater, haueing humelie defyrit that the cri minall dvet might be defert, and that thay might haif ane approbatioun THE MELROS PAPERS. 537 of thair procedingis in this mater, with ane exoneratioun of all cryme and dangeir that might be imputt to thame thairthrow, your maiefties coun- • fell, althoght thay noway doubtit of the trewthe of this informatioun, whilk wes alfua teftifeit be a teftimoniall in write, produceit befoir thame, vnder the handis of a nomber of baronis and gentlemen of the cuntrey, thatt thay wald not prefoome to medle thairwith, bot hes referued the fame to youre maiefteis felff, frome whofe meere grace and mercye this approba- tioun and exoneratioun muft immediatlie flow. Onlie this far, vpoun goode refpedis, is done to the gentlemen, thair dyet is continewed to a new wairning of fyfteene dayis, to the intent, your maieftie, after confider atioun of the circomeftanceis of this mater, quhilk procedit frome the vnlawghfull taking of a laughfull fubied, and keeping him as a pledge for releif of a condamnit theif, and frome the oppofitioun and refiftance maid be the lymmaris agains the fteuart deputis, and gentlemen that ad- venturit thair lyveis for releif of the faid Patrik Steuart, may extend fuche proportioun of youre grace and mercye to the gentlemen, outher be remiflioun, refpett, or approbatioun of thair feruice, as your maieftie, in the excellencie of your wifdome, fhall thinke goode. And fo, praying the Almightie God to multiplie his bliffingis vpoun your maieftie, with the continewance of mony lang and happie yeiris, we reft Youre Maiefteis moft humble and obedyent fubiedis and feruitouris, George Hay. Wintoun. Nithisdaill. Melros. Ad. B. of Dunblane. Lauderdaill. A. Mar. Haliruidhous, the fyft of Auguft 1623. To the King his moft facred and excellent Maieftie. 3 Y 538 THE MELROS PAPERS. CCCXIL— EARL OF MELROS TO THE VISCOUNT OF ANNAND. My verie Honorable Lord, I haue ftayed vnwryting till I fould heare from the earle of Nid difdaill of the conclufion of the juftice court vpon Setterday laft, but thinking it liklie that he hes wretin by Carleill, I haue fent the roll to James Douglas, and defired him to requeft your lordffiip to let his maief tie know, by fight of it, what is done at that dyet. Sir William Seton came yiftemight to this towne. I am forie to heare that maters went croffe betuix the earle of Niddifdaill and Sir William and the maifter of Jedburgh, by occafion of there contrare opinions, in a repledgration foght by vertue of Drumlanriks regalitie, which my lord tooke in ill pairt, and promifed to aduertife his maieftie. It is reported that the laird of Lag agried in opinion with the other two, but becaufe I know not the certantie, I remit it to the parties owne informations. As I fall learne any thing in your lordffiips owne affaires, I fall with diligence aduertife, and euer reft Your Lordffiips affedionat freind to ferue yow, Melros. Edinburgh, 12 Auguft [1623 ?] To my verie honorable good Lord, my Lord Vicount of Annand, at Court. THE MELROS PAPERS. 539 CCCXIII.-SIR WILLIAM SETON TO KING JAMES VI. Maist Sacred and Gracious Soueraine, Pleas your facred majeftie, pardoun my boldnes and prefump tioun, by wreitt, to informe your majeftie of ane accident fallin out at our Court at Dunfreis, the 5 Auguft, whairin the Erie of Nithifdaille, be tua letters of your majefteis, the ane dired to him felfe, to Erie Buc- cleuche, and Vicount Annan, (noe mentioun maid of ws, the reft of the Commiffioners thairin ;) the other, to ane aduocat, defigned juftice de pute in that behalffe, whofe pretendit plaice in our judicatorie, did not a lytle confound the fame, the juftice generall his plaice, and his deputts, haiffing noe compatibilitie with our commiffioun in a judicatorie. This bredd ane not fene heirtofoir (this tuentie yeares paft, fynce I had the honour to be imployed in your majefteis feruice in the Middlefchyres) confufioun, more publique nor I could haiffe wifched, and debaitte nocht comelie in that plaice, the Maifter of Jedburght, Laird of Lag, and I, all ftanding to the commoun courfe of law, ordour, and day- lie pradique; the Erie Nithifdaille and Juftice Depute, preiffing to chaynge the ordour, be the authoritie of your majefteis letter, whair- vntoe wee war willing to acquifce, protefting onlie to be noe adours, whairin, wee had noe varrant contrair to law. Heirvpon, queftioun and debaitte haiffing riffin amongs ws, in all humilitie, I doe profteme my felfe to intreate your maift facred majeftie, your majeftie will be pleafed, incaice mifinformatioun of our procedours cuim to your majeftie, it will pleas yow referue ane eare to our tryall ; hoping your facred ma ieftie fhall find neceffitie of law, lacking all varrant in the contrair, in- forced ws to doe that wee could nocht haiff bene comptable for, giff otherwayes wee had done. Off the particulers yiour facred majeftie will reffaue farder informatioun be the lords of your majefties priuey counfall, efter the 20 inftant, at whilk tyme wee ar to rander ane accompt to thair 540 THE MELROS PAPERS. lordffiipps. The commoditie of the pacquet, pairting to your majeftie, and my prefent returne from that feruice (haiffing allone the opportunity) hes emboldened me, for the maifter of Jedburght and laird of Lag! conjund in that feruice, this far to informe your facred majeftie of the' premiffes. In all fubmiffioun, obedience, and humilitie, taking my leive, wifcheing from the Eternall all incres of felicitie to your maift facred majeftie, and all your royall progenie, refts Your maift facred Majefties maift fubmiffiue, obedient, and humble fubjed and feruitour, W. Setoun. From Edenburght, 12 Auguft 1623. To the King his moft facred Maieftie. CCCXIV.-^THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souebane, We reffaued your maiefteis lettre of the xij of this inftant, con tening your maiefteis opinioun of oure iudgement and cenfure of the fe uerall offenffis of thefe difordourlie people, in that mater of the Dunkirk fhip laitlie brynt at Leethe, togidder with youre maiefteis awne moft iudi- tious opinioun, and princelie diredioun in that point concerning the ma giftrattis of the burgh of Edinburgh, for that vntymous and vnfeafounable proteftatioun maid be thame agains thair feruice outwith the boundis of thair awne liberteis. In the quhilk point, as we acknowlege your maief teis fingulair wifdome and moft prudent diredioun, whiche falbe a pa- THE MELROS PAPERS. 541 terne and warrand to ws in all occurrentis of the lyke kynd heirafter, and wherunto in this particulair we fhall conforme our felffis, fo we haif found verie grite contentment, for your maiefteis gratious allowance of oure fim ple and waik iudgementis in the remanent particularis, concerning this buffynes, and we ffialbe cairful, by exad tryale, examinatioun, and cen- fureing of the fame, to gif vnto youre maieftie the beft fatiffadioun we can. Bot becaus the buffynes it felf is of that importance, that it requiris the prefence and heareing of a frequent nomber of the nobilitie and coun fell, and the prefent feafoun of the yeir is fuche, that it threatnis a laite and bruckle harveft, fwa that, be appeirance, this mater can not be weele and formalie handlit, nather will the counfell conveene fo frequentlie as is requifite during this tyme of harueft, it is thairfoir thoght meete by the voices of all thefe of the counfell that wer prefent, that this mater fhall reft till the begynning of the nixt feffioun, at whiche tyme fuche exad ordour falbe tane thairwith, as the importance of the buffynes requiris. And fo, humelie craving your maiefties pardoun for this fhorte delay of tyme, wherin we had no other refped bot the formall and ordourlie pro- ceding in this buffynes, we pray the Almightie God to bliffe your maieftie with mony lang and happie yeiris, and we reft for ever Youre Maiefties moft humble and obedyent fubiedis and feruitouris, George Hay. j. Erskyne. Melros- Ar. Naper. W. Oliphant. Hamilton. Wigtoune. Haliruidhous, the 20 day of Auguft 1623. To the King his moft facred and excellent Maieftie. 542 THE MELROS PAPERS. CCCXV.—EARL OF NITHISDAILL TO THE VISCOUNT OF ANNAND. My Noble Lord and Brother, I haue fent out thofe which I apprehendit for burning of the minifter, as his majeftie haith direded. Befoer Conhaiths returne, I was chargit, at the inftance of Drumlen- rik, to produce his men befoer the counfell: I fent out his majefties letter, and wret to my Lord Chanfeller and the Prefedent, intreting they wold profid no farder, till his majefties anfuer ffieuld cum, which I did deylie exped; bot the counfell did appoynt the men to be fet at libertie, finding cafion to compeir befoir the generall Juftice, wher they know repleging will be admitted. I haue fent the letter anent that difput betwixt the commiffioners and me. Drumlenrik in that matter can pretend no ignorance, for a fourt- nisht befoir the court, in ane difcours betuixt him and me, he faid that he wald account him felfe no moir obliffed to anie man wald bring his regalatie in queftion, then he intendit to cut his throt; wherto I anfuered, that I ffieuld be lothe to be wpon knoledge of cutting his throt; bot ray maifters diredion wald mak me wfe noe ferimonie to refufe repledging ; ' for,' faid I, ' what reafon can yow have now to tak exfeptions moir then yowr father did, in the tyme of the Earle of Dumbar?' His anfuer was, thoght it was his fathers pleafor to doe fo to the Earle of Dumbar, it was nocht his pleafor to doe fo with me. When yowr lordfhip fall find fitteft tyme, be remembering that matter of Amiffeilds and Clofbornes, yowr lordfhip fall oblis tuo honeft gentilmen. I tak my hue, Yowr Lordffiips brother to ferve yow, Nithisdaill. Drumfreis, September the xxix, 1623. To my Noble Lord and Brother, the Vifcount of Annand, at Court. THE MELROS PAPERS. 543 CCCXVI.-EARL OF NITHISDAILL TO THE VISCOUNT OF ANNAND. My Noble Lord and Brother, I mervell nocht a lytle of that motion which Conhath maid anent the cafualaties of the Borders, for, as God is my witnes, I never intendit anie fuch thing; nether fall it ever be hard of, that I fall medle with fuch bafs fhifs, for my poore fervice, if it fall be virthe the thinking, the recom- pance fall cum from our maifteris his oune hands. I perfaue it fall nocht be pofabill for me foe cairfullie to ouerfie the particulers of your lordffiips cuntrie biffines heir, exfept yow appoynt fum man or other to vach over yowr offifers. I vald nocht haue yow to nomi nat anie penfion for the fam, bot according as they fall deferve ; for the moifl pert of this cuntrie is leyk to be waift for fait of tennens, and I per faue the offifers louks nocht cairfullie to that poynt. I cummandit Mathow Wilfone to leid the teins of Caftelmilk. I cum- mandit the hoill tennents to attend the leading therof, bot I heir ther is nothing done after he had undertene the fam; nather wald Mr David Rodger tak them, for that yow ar bond to pey. Yow haue been ivill wfit in all that blok, as yow will cleerlie fie. Be all apperence, wnles yowr lordffiip tak fum fpedie cours with the ftewartrie of Annendaill, it will goe to confufion; for a greit manie lands lyeth waift, the tacfation wherof yow muft pey, and then feik yowr relive. If yowr lordffiip will frie the commiffer of Drumfreis of that truble, I knoe no man moir fit for the place: fikleyk, all thofe cafualatis belonging to that office is feafit wpon for the king. If yowr lordffiip will fend me doune yowr mynd, I will doe my beft for your weall in all thefe particulers I hear nocht of anie cair wfit for yowr credit, be thofe which yow haue ap poynted for yowr gard; nather doe I heir whom yow haue plaffid, for tuo or thre war put out or if yowr lordfhip will haue fyue moir, as my Lord Bukcleughe and I haue allouit. If y0ur lordfhip haith mynd to prefer them yowr felfe, let me know: if yow will truft it to me, I fall do what 544 THE MELROS PAPERS. confems yowr honour therinto. I think ftrange that Sir George Elphin- fton fhould haue maid anie motion of my upcuming, much moir of my wyfis. I haue fund the fmart of wafturrie in that pert fuffifientlie allredie; nather doe I ever intend my wyfe fall cum thair, vnles be the direction of my lord Duke of Bukinghame, I mey be affured to be bettered be the woyage. For my oune wpcuming, if yowr lordfhip fall think it fit, efter yow haue fpokin my Lord Bukinghame, fhort advertifment fall ferve. I am forie that George Hariot is put in fuch fear and diftaft with me, as I heer be Sir George he is, for his fecuritie may be good enough, if he wald be pleafit to furnis fum mun[ie]. I proteft befoir God ther fall be no means to hould of difcredit, that I fie, fince no munie mey be had from thence, the miferie of this land is fuch. God fend the prince and my lord duik weall home. I haue hard nothing as yeat from Mr Thomas Hope, bot I haue wretin to him. As I hear, I fall acquent yoAvr lordffiip. My Lord, houeuer men ffieuld fenfor yow or me, in owr maifters fer vice, it muft not mak ws ftirink; bot wnles the prince and the marques be home befoir Martinmes, I feir the ftrong hand agenft reafon mar owr good intentions. I attend yowr diredion in all things as Your Lordffiips brother to ferve yow, NlTHlSDAILL. Drumfreis, September the xxix, 1623. I haue cauftt proclaim ane juftice court to the fixtein dey of the nixt moneth. The outcry of poor prifoners, and of the toune of Drumfreis with mantening of them, haith maid me haift the fam. To my noble Lord and Brother, the Vicount of Annand, at Court. THE MELROS PAPERS. 545 CCCXVII SIR THOMAS HOPE TO THE VISCOUNT OF ANNAND. Pleis your Lordship, I ressauit your lordffiips twa letteris yefterday, together with the band of difpofitioun of Caftlemilk, in fauouris off the earle of Nithif- daill, and I find that fam fault quhilk your lordfhip hes markit, anent the haill myln; for in the alienatioun off the thrid part to your lordffiip be Kirkhous, I find the thrid part myln infert. Now, heir wilbe the diffi- cultie : If, in the rychtis made to your lordfhip be Mr Nathaniell Edwards, the haill myln be wntennit, the erle of Nithifdaill will alledge, that he muft haif all from your lordfhip, quhilk your lordfhip hes from Maifter Nathaniell. Bot in this I can not refolue, quhill I fie the rychtis made to your lordfhip be Maifter Nathaniell, quhilk ar in the erle of Nithif- dailles handis; and vpon the fchow thairoff, I fall travaill to remove that dout, for it is nawais reffonable that your lordffiip fould quyt that rycht, quhilk your lordfhip hes your nephew Kirkhous. And as to this band, quhilk is fubfcryvit be your lordffiip, it muft be alterit, both in that off the myll, and vtheris heidis, quhilk I haif obferuit, and fall caus draw vp ane new difpofitioun, and maik it with my hand; but this muft reft till I meit with the erl of Nithifdaill, and bring his lordffiip, by reffoun, to aggrie to fie heidis as muft be changit; and in the meane tyme, I fall wryt to the erl of Nithifdaill, and fchaw his lordfhip, that I haif the band in my hand, and dois attend his lordffiips prefence, or fum of his fer- vandis, with the writtis made to your lordfhip from Maifter Nathaniell Edward, for reforming thairoff. I haif this day, being the counfell day, caufet mak refignatioun in your lordffiips fauores, both of the lands contenit in the contrad of excambioun betuix your lordfhip and the erll of Nithifdaill, and als off the lands con- 3z 546 THE MELROS PAPERS. tenit in the difpofitioun made to your lordfhip be Kirkhous. And for the reft of your lordffiips effaires, I attend the anfuer of my letteris, writtin to Robert Macbrair and William Hayning; and fo fone as I haif it from thaim, I fall put order to all your lordffiips buffines, both for the excam- bioun with the erl of Nithifdaill, and als for Halywod; and to this effed I fal defyre my lord of Nithifdaill to contriue with tham for the mair quik difpatche off that matter off the tenandis and property of Drimfleit. I wret laitlie to your lordffiip in fauouris of my brother, James Hope, in Diep, fra quhom the cuftomeris hes takin fum fiftie merkis worth off gold threid, he being ane ftrangear, and his fadres not knawing the ftricknes off the lawis : And I humblie entreat your lordffiip to imploy your lordfhips fauor and credit for reftoring to him off his guids, quherin I know Sir James Baillie wilbe maift readie, at your lordfhips command, to imploy his travailles and beft help. So, my humble and bund feruice rememberit, I commit your lordfhip to the grace of God, and reftis Your Lordfhips humbill and faythfull feruitour fill death, Sir Thomas Hope. Edinburgh, 1 Odober 1623. My Lord Chancellor is to be at court fchortlie ; and his lordfhips loue and refped to me is fo abundant above my merit, that I trufl he fall motioun my fignatour to his majeftie; and therfoir, if my lord fpeik tuitching thairanent to your lordfhip, you wilbe pleafit to gif fuche concurs as your lordfhip thinkis meit for the buffines. To the rycht honorabill my verie guid Lord, my Lord the Vicount of Annand. THE MELROS PAPERS. 547 CCCXVIII.-EARL OF MELROS TO THE VISCOUNT OF ANNAND. My verie Honorable Lord, I receiued your lordfhips letters of the 18 and 21 of September. Thefe who are fufped of the burning of the minifter of Kirkpatricks houfe, were fent to this towne yefternight, by the earle of Niddifdaill, and are to be exadlie tryed by me, and fome others of the counfell, to whom the lords haue giuen commiffion to that effed. The commiffioners of the Bordours are ordaned to be fummond to the next counfell day, to the effed, tryall and order may be taken with the bufines, which fell furth the laft court, according to his maiefties diredion. In thefe, and all other his maiefties feruices, I fall ftudie to approue the continuance of the faithfull duetie I owe, and haue kept in time bypaft, and fall profecute, God willing, to my hues end. I can learne no thing of any dealing in the laird of Baffis affaires, but that he hes wretin to fome of his creditours, to fuperfeed their principall fowmes till Witfonday, promifing to fatiffie them, before that time, either with lands or moneyes, to their contentment. I haue not heard from Robert Makbrair, but this day I faw a letter of the earle of Niddifdails to Alexander Maxuell, his agent, willing him to deale with Maifter Thomas Hope, to perfite your contrad of excambium, and other fecurities, according to your aggreements. So, till farder oc cafion, I commit your lordfhip to God, and reft Your Lordfhips affedionat freind to ferue yow, Melros. Edinburgh, 2 Odober [1623?] 548 THE MELROS PAPERS. His maiefties letter to the magiftrats of Edinburgh wes deliuered in due time. I dowt not but themfelues will giue accompt of their obedience. I begin to find myfelf verie vnfit for trauell, and that cold doeth me much harme in winter, and therfore, muft be fo homelie as to pray your lordfhip, to informe Sir James Baillie, what furres will be fitteflfor myneck and bodie, that he may buy them for me, and at his returne I fall giue him what he fall difburfe. This morning Maifter Thomas Hope hes told me that he is forced to delay the finiffiing the contrad of excambium, whill he receiue anfuer from Robert Makbrair and William Hayning, to whom he wrote to meet with fome of the earle of Niddifdails freinds, and try and report to him, in writ, the trew eftate of the lands, fuperioritie, and propertie, and rent therof. He hes alfo wretin to the earle of Niddifdaill to fend the writs of Caftlemilk, that he may perfite your lordfhips fecurities therof. To my verie honorable good Lord, my Lord Vicount of Annand, at Court. CCCXIX.— THE LORDS OF PRIVY COUNCIL TO THE LORD CHANCELLOR. After oure verie hairtlie commendationis to your goode lordffiip, your lordfhip rememberis, how, that in the moneth of Auguft laft, the kingis maieftie, haueing recommendit vnto ws the tryeing and pvniflieing of the infolence and mifbehauiour of his maiefties fubiedis, in that mater of the Dunkirk fhip, brynt at Leethe, according to the natur and qualitie of the feueral offenffis, concurring in that earand, we, by oure anfwer, returnit vnto his maieftie, excuifit oure felffis, anent oure not proceding thairin at that tyme, in refped of the importance of the buffynes, whiche requirit the prefence and heiring of a frequent nomber of the nobilitie and counfell ; and that the feafoun of the yeir wes fuche, that it threatned a laite THE MELROS PAPERS. 549 and bruckle harueft ; and promeis wes maid vnto his maieftie, that, at the beginning of this feffioun, that mater fould be putt to a point. Bot now, we, haueing confidderit that this perfuite and tryale will flryke cheiflie agans the magiftrats and bodie of the burgh of Edinburgh, and being doubtful], yf his maieftie, will allow of the faid burgh as a fitte and conuenient place for profequutioun of that tryall, we ar thairfoir verie defirous to be confultit, and refolued by his maiefteis cleir and excellent iudgement in this point ; and for this effed, we will eirniftlie requeift your goode lordfhip, at fome fitte oportunitie of his maiefteis laifer, to found his maiefteis opinioun thairanent, to the intent that accordinglie we may conforme oure felffis thairunto. Youre lordfhip knowis that thair wilbe a verie grite difficultie in the difcouerie of the principall adoris and offendaris in this buffynes, feeing we haif none to gif ws ony light nor informatioun thairin ; and thefe who wer agentis, and thairby pre tendit to haif intereffe in the fame, hes neuer troublit thame felffis thair with, nor neuer dilaitit nor gaif vp to ws the name of ony one guiltie per fone, and thay ar now at courte. Alwayes, thair falbe no thing wanting ' in ws, quhairby, according to oure bundin dewtie, we may gif vnto his maieftie fatiffadioun heirin. And fo, attending your lordfhips anfwer, with the rememberance of oure beft and hairtieft affedionis, we committ youre lordfhip to the protedioun of the Almightie. Frome Edinburgh, the faxt day of Nouember 1623. Your Lordfhips verie loving and affured goode freindis, Melros. Roxburghe. J. Erskyne. Lauderdaill. Kilsayth- W. Oliphant. A- Mar- Ar. Naper. To the right honnorable, oure verie goode Lord, Sir George Hay of Kinfawnis, Lord Heigh Chancellar of Scotland. 550 THE MELROS PAPERS. CCCXX.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Thair wes a prefentatioun, figned be youre maieftie, and gevin in to be exped be ws, in fauouris of George Quhyteheade, by the whilk your maieftie wes pleifed to prefent him as tennent and vaffal to the Lord of Coldinghame, in the landis of the Northfeild of Coldinghame, with the teyndis thairof includit, whilkis fell in your maiefteis handis, by the foirfeytour of the laite Earle Bothuill, Avhereof fome notice being gevin to the Earle of Hoome, and the Counteffe, his moder, and thay pretending to haif fpeciall intereffe in the buffynes, thay maid earnift fute vnto ws that thay might be hard afoir the prefentatioun wer exped, wherin thay being fatiffeit, as a point whilk, in a mater of this kynd, could not with refoun be refufed, and a dyet being appointit vnto thame, and to Frances Steuart, fone to the faid laite earle, be whome this buf fynes, for the pairt of the faid George, wes folicited ; and the faid dyet being accordinglie keeped be thame and thair procuratouris, the one very inftantlie vrged the benefeit of youre maiefteis prefentatioun, and the other, with the lyke inftance, vrged the flay of the fame till your maiefteis awne pleafure wer knowne ; and diuers reffonis wer proponned, hinc inde, in that mater, whilkis, with the importance of the buffynes, being at lenthe confidderit be ws, we fand it more expedient, for the weele of bothe pairtyis, that the prefentation fhould ftay fome certane fpace, till youre maieftie, after confideration of thair reffonis, hinc inde, fould, oute of your awne cleir and found iudgement, dired ws how to proceid thairin, nor rafhelie to gif way to the faid prefentatioun, whilk might breid pro ces and pley betuix the pairtyis, and trouble and fafherie vnto your ma ieftie. Whereupoun it wes defirit, for the pairt of the Earle of Hoome, and the Counteffe his moder, that thay might haif the fauour to fend vp thair reffonis, in write, to your maieftie, for your better informatioun anent the trew eftate of this mater ; whilk being grantit vnto thame, and lyke- THE MELROS PAPERS. 551 wayes vnto the faid Frances, and this prefent nynt of December being appointed vnto thame for geving in thair reffonis, in write, to haif bene fend vp heirwith, we ar informed, that, in this meantyme, the faid Frances in perfone, and the Earle of Hoome, be a feruand, hes tane thair iornay, and ar vpoun thair addreffe towards your maieftie, without geving in of thair reffonis to ws; and fo, leaveing thame to thair awne informationis, thefe ar onlie to acquent your maieftie how far wes proceidit in this buffynes befoir ws. And praying the Almightie God to watche ouer your facred perfone, and to bliffe your maieftie with mony lang and happie yeiris, we reft for euer Youre Maiefteis moft humble and obedient fubiedis and feruitouris, Melros. Lauderdaill. W. Oliphant. Ar. Naper. Kilsayth. A. Hamilton. Edinburgh, 9 December 1623. To the King his moft facred and excellent Maieftie. CCCXXI._AL[EXANDER] COLVILLE TO THE VISCOUNT OF ANNAND. My Honorable Lord, pIp*' ^T8^ nT ^t ^"^ fmCe * Vre" t0 y°Ur l0rdfhiP' anent ^e eledion of a Juftice Clerk, and now I perceawe that his majeftie, by his happie choyce of Sir Archibald Naper (a worthie gentleman, and a con fcientious), hath bene both informed and furthered to do fo by your lordffiip; quherin your lordffiip hes performed a worthie vork, and ac 552 THE MELROS PAPERS. ceptable to God, and a lingular feruice to his majeftie, and ane exceid ing great plefur to your countraymen. And now, haweing proof of your lordfhips goodnes, and refped to further good errands, I am bold to trou- bill your lordfhip with a poor petition for my felf, quhilk is this : your lord fhip fhall be aduertifed that I hawe ferued this fax yeirs to his majeftie as Juftice Deputie, hawing onlie the fie of vc lib. Scot, quhilk is both fo litill and fo badlie paied, that, in effed, it feemis nothing, 3a, fcarcelie fufficient for my fervant, fo exorbitant ar the pryces of all thingis in this part; and the Lord knois that, of vther cafualities, I hawe not on penny, becaufe all the cafualities of the place belong diredlie to his majefties thefaurer; fo that my fervice and attendance is great, and my allowance fo litill, that I can not do it, by any means, without my great preiudice. Therefore, I am to entreat your lordffiip, that, owt of your lordffiips ac- cuftomed goodnes, 3e void fpaik on fauourable vord to his majeftie for me, and that he void dired the Earle of Mar, theforer, and Sir Archibald Napier, his maiefties thefaurer deput, to confider of my particular, if ather my information be fals, or if the dignitie and burden of the place requyrs not fum further confideration, that I may be the better encou raged and enabled to ferue his maieftie in all fyncerite and humilitie: This fauer I exped of your lordffiip, and that it would pleis your lordfhip to oblifh a fcoller, that honores your lordfhip, fo far as ony lord living, and fhall mak it known, be fum fpeciall teftimonie, how far I ame your lordfhips deuoted feruant. In this hoip of your lordffiips fauerable re port to his maieftie of me, I will reft, ftill vifing to your lordfhip all health and happines, as erneftlie as I fhall euer reft Your Lordfhips humble and affedionate feruant, Al. Coluill. Edin. xi December 1623. To the right honorable his fpecial good Lord, my Lord Vicount of Annand. THE MELROS PAPERS. 553 CCCXXII-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Soueraine, We receaved your maiefties lettre, of the third of December, by the whiche, your maieftie wes pleafed to command vs, to try and informe our felffs, if your maiefties lands in Orkenay and Yetland may be raifed to any confiderable greater rent, communibus annis, then Sir John Bu- quhannan payeth for the fame, without heighting of the tennents to a greater dewtie, then they payed to the erles of Orkenay, or ar able to pay; and if thair be no appearance thairof, that then we fuld advyfe, if it be expedient, to fett the faids lands in ffew for the faid rent, and to returne our opinions thairanent vnto youre maieftie. Vpon the reffait of this let tre, we enterit to a confideration of the firft pairt and article thairof, and hauing hard youre maiefties thefaurar deput (who hath bein verie cairfull to informe himfelff of particulars for your maiefties forder benefit), and having learned vthervyfe what we both, out of our owne knowlege, and by the information of fuche indifferent gentlemen of the cuntrey, who have no entrefs in the bufines, we find, that (howfoeuer in thir yearis, when in extreame fcarcetie hath raifed comes to ane exceffive pryce and dearth), a provident takifman may receave a good fuperplus aboue your maiefties rent, if he can get full payment of the haill fermes, whilke hath naither bein done thefe laft yeares, nor is it to be expeded in any pairt of this king- dome, till it pleas to fend better feafons and greattar plentie, by whiche comes being brought againe to thair vfuall pryces, we think that rent the vtter availl whiche may be had for thefe lands, without highting of the tennents, who ar well knowne to be, for the moft pairt, verie poore people ; and who culd neuer be able to pay the dueties wherto the Erles of Orknav, refpediue aneuch of thair awin profite, have raifed them, and which they now pay, if thair poore forme of living, fpeciallie in taking and feeding on fifties, did not enable them. And we hauing lykewyfe conferrit the 4 a 554 THE MELROS PAPERS. prefent eftait of the tennents, and the oncertaintie of the rent, with the affu rance and conftancie of a fettled rent, that will aryfe from the ffewing of the lands, wee ar all of ane opinion, that it is moft expedient for youre maiefties hon[or, and] good of the cuntrey, and fetling of ane conftant and onchangeable rent to your maieftie, that the lands be ffewit for the dutie that is now payit to your maieftie, for the fame whilkes particulars, remitting to youre maiefties wyfe and princelie confideration, etc. Chancelar. Mar. MoRTOUN. Santandrois. Roxburghe. Melros. Lauderdaill. Carnegy. Kilsaithe. W. Oliphant. A. Hamiltoun. Ar. Naper. Edinburgh, 20 January 1624. Copy — The Counfaills letter to hes Maieftie concerning the heigh ting of the lands and Earlldome of Orkney. — 1624. CCCXXIII.— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Vpoun the refett of your maiefteis lettre of the fourte of Feb- ruair laft, towcheing the Middlefhyris, we appointit a meeting of the commiffionaris to be heir at Edinburgh, vpoun the xxiiij of this inftant, alfweele for ane accompt to haif bene gevin be thame, m fuche pointis expreft in your maiefties lettre, as concernit thair charge, as for thair THE MELROS PAPERS. 555 aduife and opinioun to be gevin to ws, in the remanent pointis of the faid lettre recommendit vnto ws. Whiche dyet being accordinglie keeped be the Earle of Bugcleugh, the Lord Cranftoun, James Maxwell of Kirkconnell, Sir Andro Ker, Sir Williame Seytoun, and Sir Johnne Mur ray of Phillaphaugh, (the Lairds of Lag and Amiffeild, being vpoun fome neceffair occafionis excuifit); and your maiefties miffiue being punduallie red vnto thame, and euerie article thairof weele confidderit and aduifit, and firft that point anent idill livaris, who hes found cautioun for thair dewtifull behauiour, becaus, in the tryall of thair contrauentionis, findrie thingis may be interprete to be a contrauentioun, and to infer the penaltie of thair band, quhairof the nature and qualitie of the offence, will not, by rigour of iuftice, deferve fuche a pvnifhement; we haif thairfoir, with the commiffionaris awne confent, authorized thame, with warrand and autho ritie, to conueene befoir thame all fuche perfonis, within the boundis of thair office, as by thair tranfgreffionis hes violat thair cautionaryis, and to tak particulair tryall and notice thairof, and of thair prefent eftate, and quhat hes beene thair bipaft lyffe and demeanour, fen the finding of thair cautioun, to the intent, that, after confideratioun of the nature of the tranfgres, and qualitie of the perfone, we may modifie the fyne accord inglie. And towcheing thefe that hes not found cautioun; becaus it is lyke anewgh that, fome of thame (althoght thair bipaft behauiour hes bene blameles) can not gett cautioun, we find it hard, that perfonis of this kynd falbe fubied to the rigour of the ad of tranfplanting ; and thairfoir we haif recommendit vnto the commiffionaris to informe thame felffis how mony of thir perfonis ar alyve, quhair, and by quhat meanes thay live, and quhat hes bene thair behauiour fen thay fould haif found cautioun, and to mak reporte thairof vnto ws, that thairafter we may gif diredioun anent thame accordinglie. The fecound point of your maiefties lettre, towcheing the promifcu- ous hbertie tane be all perfonis at thair pleafour, to repair to and fra Irland, quhairby malifadouris hes the meanes to efchew the hand and ftraik of juftice, hes bene verie aft debaitit at the counfell table and diuers meetings and conferences hes bene had vpoun that fubied be perfonis felectit for the purpois, without ony certane conclufioun- and at 556 THE MELROS PAPERS. laft ane commiffioun wes gevin to twa men, who vndertooke, be thame felffis and thair deputie, to attend at all the fea portis towards Irland, and to be anfuerable that nane bot laughfull perfonis and goodis fould be tranfported; bot this commiffioun turned firft in ane abufe and gre- vance to the fubiedis, and thairafter wes altogidder defertit and left ; and we haueing at lenthe conferrit with the commiffionaris heirupoun, we ar all of opinioun, that the fatling of ane conftant ordour, in this mater, will depend vpoun a mutuall correfpondence to be keeped with ws at the oppofite coift in Irland, wherin, becaus the aduife of fome of the vndertakaris for the Iriffie plantatioun, and of the commiffionaris for the Middleffiyris, with fome of the burrowis in the weft cuntrey, is requifite, we haif appointit a meeting to be heir at Edinburgh, in the moneth of July nixt, for that earand ; and we haif writtin to the Vicount of Ardes, the Lord Clanebewye, to fend heir fome fufficient gentlemen for thame to this dyet, inftrudit with thair beft aduyfe and opinioun, concerning this buffynes; and we haif lykewayes writtin to the reft that ar in this cuntrey, and we hoip, that at this meeting, fuche a goode courfe falbe refolued vpoun, as fhall procure youre maiefties contentment and goode of the cun trey. And towcheing the thrid point of your maiefties lettre,- anent the re pairing of fugitiues and fufped perfonis, to your maiefties courte, for efchewing of tryall, thair hes bene findrie proclamationis maid to that end ; and we haif now, with the commiffionaris aduife, gevin warrand vnto thame to mak a cleir roll of all the fugitiue names within thair boundis, and to fend the fame to courte, to fuche a perfone as your maieftie ffialbe pleafit to mak choife of, who fhall apprehend all fuche perfonis contenit in the roll, as hes not a note vnder the hand of the commiffionaris clerk, that thay haif abiddin thair tryall, and bene acquate of all crymes, pre ceding the dait of the roll, wherin thair names ar contenit, and euerie fuche perfone that falbe fo apprehendit and fend home, ffialbe examplarie pvneift. Whereas informatioun hes bene maid to your maieftie, that commif- fionis hes bene gevin to priuat men, within the Middleffiyris, for tryeing and pvniffieing of offendouris, to the preiudice and difcredite of your THE MELROS PAPERS. 557 maiefties awne commiffionaris, your maieftie ffialbe pleafit to knowe, that thair hes bene no commiffionis of that kynd grantit, bot one to the Earle of Roxburgh, aganis his awne remouable tennentis, and for the fpace of ane yeir allanarlie, whofe place and worthie behauiour, in all materis re commendit to his charge, and fpeciallie in this feruice, wherin he bearis a burdyne with ws, moued ws to entrufte him with that, commiffioun, and whiche now, vpoun the knoulege of your maiefties pleafour, he hes renun- ceit and difchargeit. Bot where baronis infeft with priuilege of pitt and gallous, apprehendis a theif with a fang, and negledis the tyme deu for his tryall, whilk is xxiiij houris, we, with confent of the commiffionaris, do think it more expedyent to gif commiffioun to fuche a baroun for doing of juftice vpoun a malefadour of that kynd, nor to referue him to the tryall of the commiffionaris courtis, becaus it often fallis oute, that thir beggarlie thevis hes not of thair owne to interteyne thame, and fwa thay muft owther ly vpoun the baronis charge, or then fterve for hungar ; and of this kynd thair hes onlie bene twa commiffionis paft, one to the Lord Garleis, aganis a theif, apprehendit be him, with a fang ; and ane other to the Laird of Johnnefloun, aganis a theif of this fame kynd. Anent granting of remiflionis to bordour men for hacquebutis and piftollettis, thair hes no fuche remiflionis bene grantit, nather fall onv be grantit in tyme comeing. And towcheing the laft point of youre maiefties lettre, anent the dif- armeing of the Bordour men, we, and lykewayes the commiffionaris, ar of opinioun, faulffing your maiefties more excellent iudgement, wherunto we fall conforme our felffis, that it is not expedient that thefe who hes found cautioun, and levis vnder the obedience of law and iuftice, falbe fubied to this article, becaus that wilbe a fpeciall meane to waikine the cuntrey, and to mak the inhabitantis vnfitt for feruice, vpoun ony inter- uening occafioun, as indeid thay ar prefentlie reduceit to that eftaite, that thay haif nowther houfe nor armour; alwayes, we haif gevin ordour that all thefe who hes not found cautioun falbe difarmed, wherwith the commiffionaris ar contented. This being our opinioun and anfwer to the particulair headis of your maiefties lettre, we humelie prefent the fame to your maiefties confidera- 558 THE MELROS PAPERS. tioun ; and, prayeing the Almightie God to bliffe your maieftie with mony lang and happie yeires, we reft Youre Maiefteis moft humble and obedient fubiedis and feruitouris, George Hay. Perthe. Buccleuche. Roxburgh. A. Mar. Lauderdaill. Melros. W. Oliphant. Ar. Naper. Edinburgh, 23 Martij 1624. To the King his moft excellent and facred Maieftie. cccxxiv.—the lords of privy council to king james vi. Most Sacred Souerane, This inclofed lettre being fend vnto ws be Sir James Spens, knight, and we haueing red and confidderit the fame, and finding the contentis and defire thairof, to dip vpoun pointis, wherin, fome of youre maiefties confederatis may pretend thair priuat intereffe, and we not being refolued how far the fame may towche the goode correfpondence ftanding betuix youre maieftie and thame, we haif forborne to med[le] thairwith, and hes heirwith fend vp the letter to youre maieftie, to the intent that youre maieftie, after aduifed perufall and confideratioun thairof, may re folue vpoun fuche ane equall courfe thairin, as youre maieftie, in youre princelie wifdome, ffiall hold fitting. And fo, continewing oure eirnift THE MELROS PAPERS. 559 prayers vnto God for youre maiefteis lang, happie, and bliffed reignne, we reft for ever Youre Maiefteis moft humble and obedient fubiedis and feruitouris, George Hay. Melros. Linlithgow. Wigtoune. Perthe. Carnegy. Edinburgh, the 28 of Apryle 1624. To the King his moft facred and excellent Maieftie. Indorfed : " The Counfell concerning a lettre fente by the K. of Sweden. " 28 Aprilis 1624." CCCXXV.-LICENCE BY KING JAMES VI. TO THE EARL OF NITHISDALE. James R. Righte truftie and righte welbeloued counfellour, and riehte truftie and righte welbeloued cofen and counfellour, wee greete yow well- Whereas for certeyne good refpedes and reafons, to our felfe knowne, wee haue bene pleafed to giue licence to our righte truftie, and righte wel- beloued cofen and counfellour, the earle of Nethefdale, to traudle and be abfent oute of our dominions for fome time, wee h ue though e 560 THE MELROS PAPERS. good, by thefe prsefentes, to require yow to holde hand, and haue a fpe ciall care that, during his faid abfence, he receaue no wrong, eyther in mater of judicatorie or otherwife; and in fpeciall, if anie of his creditouris fhalbe fo importunate as to craue their principall fummes in the time of his faid abfence, that yee wold deale with them to accepte of their iufte annual for a reafonable time, at leafte, for one yeare. And, not doubting of your fpeciall care herein, as in a mater mofle earniftlie by vs recom mended to yow, wee bid yow farewell. Giuen at our mannour of Greene- wich, the 21 day of Maie 1624. To our righte truftie and righte welbeloued counfellour, Sir George Hay, knighte, our Chancellour; and to our righte truftie and righte welbeloued cofen and counfel lour, the Earle of Melros, our principall Secretarie of our kingdome of Scotland. CCCXXVI.—EARL OF NITHISDALE TO THE EARL OF ANNANDALE. My noble Lord and Brother, In all the particulers that confeme his majeftis fervice wpon the Borders, Johne Yowng haith tham to delyver to yow: fum wthers which ather conferns me in particuler, or us bothe, he haith leykweys. I did intend to have helped my diftreffed eftet be his majefties favor in Irland, which I have requiftit Mr Grahme, when my Lord Duik fall have reco vered perfyt health, to prefent wnto his lordffiip, which Alexander Gor don will follow. That which I am to intreat of yow, for the prefent, is to difpatche Johne Yowng home, and that thefe munis which the duik will giue, mey be remembered wpon as your lordfhip finds fitt occafion, with out importunating, becaus, with much moir, it is freilie beftowed; when the fam fall be had, yow fall relive my ring with two hundreth punds, and THE MELROS PAPERS. 561 pey thre hundreth, which yowr felfe and James haith bond yowr felfes for me : the reft fend home, or delyver to Archibald Boyl, for payment of in teres to thes I am adetted to at home. Yoav muft leykweyfe procur my lord ducks letter to fend home to confort my wyfe, with letters to the chanfaller and prefedent of Scotland, fhewand, that, durand my abfence, his grace will be protedor of what conferns me, and, in that kynd, intreats their favor. What other thing fall occour, quherinto yow think fitt to be trubilfome to his grace at his majefties hand, I know yow will find noe lothing at his hands if it conferns me. Thoght yow apprehend that dif- contented humors poffeffis me, I craue no moir at Gods hands, for the weall of my hous and cheyld, bot that his grace may have long and good healthe. My facred maifter, and our prinfe, whom God long preferve, being alyve, in yowr brotherlie cair, I haue full confidence, and remits to yowr felfe all my privat affairs, to be difpofed as yowr lordfhip thinks fitt, I fall be ever Yowr Brother to ferve yow, Nithisdaill. Denmark Hous, May the xxviii, 1624. I muft intreat yowr lordffiip will reid over ane letter fent to me be Sir James Macdonnell, and intreat his majefties confideration of his eftat. I have tauld him that he neids not fear bot his majeftie will provyd, in his oune tyme, to fupple his defeyrs. To my noble Lord and Brother, the Earle of Annandaill, Thefe. CCCXXVII.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, The importatioun of foreyne viduall hes bene fo frequent and commoun, and in fo exceiding grite aboundance and quantite, thir tua 4b 562 THE MELROS PAPERS. or three yeiris bigane, as the moft pairt of the moneyis of this kingdome hes bene exported and beftowit to that vfe, wherupoun hes followit fuche ane fcairftie and penurie of money, that nomberis of your maiefties fubiedis, of all rankis, whofe burdynis ftraited thame at this terme, and Avho wer willing and refponfall, in landis and goodis, to haif gevin vnto thair creditoures fatiffadioun, wer, to thair grite greiff, difhabled, through the fcairftie of moneyis, to do the fame. The confideratioun quhairof, moued ws, vpoun the humble petitioun of Williame Dik, and Williame Wilkye, burgefs of Edinburgh, who wer fpeciall importaris of this viduall, and had fuche ane quantitie thairof lyand vpoun thair hand, and readdie to fpill, be reafoun it wes fa foone broght in, and thair wes few or nane to buy it, to grant vnto thame ane licence, for exportatioun of ane certane quantitie of the fame viduall, efpeciallie qubyte, whilk wes the grayne the cuntrey floode leaft in neede of, and wherwith thay vndertooke to bring in money, or, gif the neceffitie of the cuntrey fhould require, the double quantitie of ony other foirt of viduall, whilk wes more vfefull for the cuntrey. And thay, having laidnit tua ffiippis with this viduall, and being vpoun thair courfe towardis thair porte, expeding nothing les then ony hurte frome ony, with whome your maieftie yitt ftandis in termes of freindfhip and correfpondence, thair ffiippis wer, notwithftanding, per- fewed, boordit, and tane, be tua warre ffiippis of Dunkirk, and caryed in to the toun of Dunkirk, where the ffiippis and goodis ar maid laugh- full pryife. This is a mater, whilk, in oure humble opinioun, wald be narrowlie aduertit and looked vnto, not fo mekle for the priuat intereffe of the tua honneft men, who ar heirby verie far damnified, as for the publid intereffe of the whole marcheant eftate; for gif this be tollerate, and gif the forder courfe and progres thairof be not interruptit, the whole foreyne commerce of this kingdome, whilk, for the maift pairt, is inter- teyned with Holland, wilbe fhaikin loufe, and cutt af, to the vndoing, not onlie of the marcheant eftate, bot to the grite hurte of the reft of the kingdome. And thairfoir, wee will, in all humilitie, prefoome to recom mend this mater to your maiefties princelie and wyfe confideratioun, humblie befeecheing your maieftie to tak fuche ordour thairin, as, in the excellencie of your princelie wifdome, yow fall hold fitting, quhairthrow THE MELROS PAPERS. 563 the honneft men may be redreft, and reftorit to thair ffiippis and goodis, and the lyke of this attempt forborne heirafter. And fo, with the con tinewing of our vnceffant prayeris to God for your maiefties lang and happie reign, we reft Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. Al. Elphinston. Ar. Naper. A. Hamilton. Hamilton. Kilsayth. Melros. Lauderdaill. R. Cokburne. W. Oliphant. Carnegy. J. Erskyne. A. Gibsone. Halyruidhoufe, the fifteene of Junij 1624. To the King his moft facred and excellent Maieftie. CCCXXVIII._THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Having, conforme to your maiefties diredion, commandit chargeis to be dired againis Maifter Robert Boyde, and the reft of the minifteris 564 THE MELROS PAPERS. and otheris, whome your maieftie ordanit to be confyned, for their com peirance befoir ws, vpoun the tuentie fourt of this inftant, to haif hard your maiefties will anent thair confyneing, declairit vnto thame, the faid Maifter Robert getting notice heirof, not onlie prepared himfelff for a prefent obedience, and is this day vpoun the removing of his houfhold and familie, bot to preveene the dyett, he prefentit himfelff befoir ws, and by his petitioun humblie defyrit that he might be now hard, and your maiefties will declairit vnto him, and that he wer not vnneceffarlie forced to attend till the faid tuentie fourt day, whilk wes grantit vnto him. In his petitioun, he cleired himfelff of findrie imputationis, whilkis, as he al- ledgeis, ar obieded agains him, as, namelie, that of the priuat meetingis and conventicles within Edinburgh, of the whilkis he protefted, bothe by word and write, and vpoun his grite oathe, that he wes ignorant and in nocent, and that he nouther affifted thame with his prefence, nor allowed of thame, nouther yitt buffyed himfelff with thir churche materis, nor had no dealing with ony of the burgh of Edinburgh, nor no otheris thairanent, bot behaved himfelff fo calmelie and foberlie, as poffiblie he could, efhew- ing all occafionis, companyis, and meetingis, whilkis might give the leaft mater of offence. And whereas he pretendit the neceffitie of findrie his adois throughout the whole fhirefdome, and the rather, for that he had a ftranger to his wyffe, of whofe contentment, befydis the educatioun of his childreene, he behooved to haif a cair, and that he could nouther be accommodat with the one nor the other, within the boundis of Carrick. Wee having hard and confidderit of his petitioun, AA'ee wald not prefoome to enlarge his confyneing without your maiefties allowance, bot hes referued the fame to your maiefties awne goode will and pleafoure, wherein gif your maieftie falbe gratiouflie pleafed to fauour him, oure fimple opin ioun is, that no harme can folloAV thairupoun, and gif thairafter he fal happin to ouerfee himfelff, whilk Avee looke not for, and fua fall proue vn- worthie of that fauour to be fhawne be your maieftie vnto him, your ma ieftie, vpoun knawledge thairof, may give diredioun for his forder reftraint, as your maieftie fall think goode ; bot remitting this to your maiefties confideratioun, and humblie craving pardoun for this our prefumptioun, THE MELROS PAPERS. 565 we humblie pray God to bliffe your maieftie with mony long and happie yeiris, and wee reft for euer Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. Melros.KlLSAYTH. Al. Elphinston. Ar. Naper. A. Hamilton. Hamilton. Lauderdaill. W. Oliphant. Carnegy. J. Erskyne. R. Cokburne. Halyrudhoufe, the fifteene of Junij 1624. To the King his moft facred and excellent Maieftie. CCCXXIX.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VL Most Sacred Souerane, Thair hes of lait fallin oute, within the burgh of Dunfermlyne, vpoun the xxv day of Maij laft, ane moft lamentable and fearefull ac- 566 THE MELROS PAPERS. cident by ane fuddane and terrible fyre, whilk araife within the fame, and continewed fo violent, for the fpace of foure houris, as no foirfight nor ftrenthe of man wes able to refill it, fua that the poore inhabitantis, who, with mutche ftryveing and extreame hafaird of thair lyveis, oppofed thame felffis aganis the violence of the fyre, wer conftrayned, in end, to yeild to neceflitie, and to be fpedatouris of this fearefull vifitatioun, wherin the whole body of the toun, whilk confifted of ellevin fcoir of tenementis, and fouretene fcoir and fevin famileis, wes, within the fpace foirfaid, brynt and confumed, with the wholl plennefling of the houffis and the barnis about the towne, wherin thair wes fyve hundreth bollis of viduall; Avherby this poore toun, haueing within it fevin hundreth commvnicantis, Avith faxtene fcoir of bairnis, of whome the eldeft is not paft fax yeiris of aige, is totalie ruyned and vndone, and the poore inhabitantis, who Aver a companie of induftruous and verteous people, and paynefullie and cairfullie labourit for thair leving, ar reduceit to that extreame point of miferye, that no thing is left thame bot the cloathis vpoun thair backis, without houfe or holde to repoife thair languifheing bodyis in, as fome of ws, who hes feene the defolatioun of this poore towne, can beare record. We haif beene verie folift and cairfull for a fupplee to this poore toun, and hes begvn, oure felffis, to gif goode example to otheris, and, by oure lettres, we haif recommendit thame to the wholl body of this eftate. And whereas this gentleman, your maiefteis auld feruand, hes, at the earnift defyre of the poore toun, vndertane to reprefent vnto your ma ieftie the defolat eftate and conditioun thairof, thay haif petitioned ws, that be him we wald gif notice vnto your maieftie of the trewthe of this mater, whilk, in a mater of this kynd, we could not weele deny. In the meanetyme, we fall haif a cair that the moneyis quhilkis falbe contributed for this earand, falbe prouidentlie mannaged, and rightlie diftributed, according to the qualitie and neceffitie of the pairtyis intereffed; and in euery other thing, whilk may procure the conforte and releiff of that poore toune, no thing falbe inlaiking in ws, whiche to oure charge and placeis apperteynis. And fo, with our humble prayeris ATito God, re- THE MELROS PAPERS. 567 commending your maieftie, and all your royall and princelie adois, to the protedioun of the Almightie, we reft for ever Your Maiefteis moft humble and obedyent fubiedis and feruitouris, George Hay. Linlithgow. Ja. Glasgow. Melros. wlgtoune. glencairne. A. Mar. Buccleuche. Haliruidhous, 16 Junij 1624. To the King his moft facred and excellent Maieftie. CCCXXX— THE LORDS OF PRIVY COUNCIL TO THE PRINCE OF WALES. Pleas youre Heighnes, It hes bene the goode pleafour of God, laitlie, vpoun the xxv day of May laft, to vifite youre heighnes toun of Dunfermlyne, with a moft lamentable and fearefull accident, by a fuddane and terrible fyre, whiche araife within the fame, and continewed fo violent for the fpace of foure houris, as no humane witt, ftrenthe, nor foirfight, wes able to refift it ; and within this fpace the whole body of the toune, whiche confifted of ellevin fcoir of tenementis, and foureteene fcoir and fevin famileis, wes brynt and confumed, with the wholl plennefling of the houfis, befydis the barnis about the toune, wherin, thair wes fyve hundreth bollis of viduall, whereby this poore toun, fometyme a flooriffieing member of the body of 568 THE MELROS PAPERS. this commounweele, and haueing within it fevin hundreth commvnicantis, with faxteene fcoir of bairnis, of whome the eldeft is not paft fax yeiris of aige, is totalie ruyned and vndone, and the inhabitantis, who wer a companie of vertuous and induftruous people, and paynefullie and cair fullie labourit for thair leving, ar reduceit to that extreame point of miferie, that no thing is left thame, bot the cloathis vpoun thair backis, without houfe or holde to repoife thair weyreit bodyis in, as fome of ws, who hes feene the defolatioun of this miferable toun, can beare record. We haif bene cairfull, as become ws, for fome fupplee to releeue the prefent ne ceffityis of the towne, and we haif begvn oure felffis to gif goode example to otheris, and, by oure lettres, we haif recommendit thame to the wholl body of this eftate ; and we fall haif the lyke cair that the moneyis, quhilkis falbe contributed for this earand, falbe prouidentlie managed, and rightlie diftributed, according to the qualitie and neceffitie of the pairtyis in tereffed. And whereas this gentleman, your heighnes darreft faderis auld feruand, hes, at the eirnift defyre of this poore toun, quhair he had his refidence and duelling, vndertane to reprefent vnto your heighnes the defolat eftate and conditioun thairof, thay haif petitioned ws, that be him we wald gif notice vnto youre heighnes of the trewthe of this mater, whiche we could not weele deny, and the rather becaus the towne is youre heighnes awne. And fo, praying the Almightie God to watche ouer youre heighnes perfone, and to bliffe youre heighnes with mony lang and happie yeiris, we reft Youre Heighnes moft humble and obedyent feruitouris, George Hay. Melros. Ja. Glasgow. Lauderdaill. WlGTOUNE. GLENCAIRNE. A. Mar. Buccleuche. Linlithgow. Haliruidhous, 16 Junij 1624. To the Prince his Heighnes. THE MELROS PAPERS. 569 CCCXXXI.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, According to your maiefties diredioun, wee called before ws the Lordis Boyd and Blantyre, Sir James Cleland, Maifter Patrik Walkinffia, and a nomber of the takkifmen of the kirkis of Monkland and Calder, and firft wee examined thame vpoun thair greevis, and what ony of thame had to propone or alledge agains others. Sir James Cle land complenit, that he being heretablie infeft be your maiefties chartour, vnder your grite feale, in the landis and baronie of Monkland, with the right of patronage of the kirkis of Monkland and Calder, boght be him at a deare rate, and wherunto he had the confent of Maifter Patrik Walkin ffia, titulair of the benefice, and accordinglie, hes bene in peaceble and vncontraverted poffeffioun thir fevintene or eightene yeiris bigane. That notwithftanding, the Lord Boyd had vnkyndlie procurit a new infeftment frome your maieftie of this fame patronage, vpoun the dimiflioun of the faid Maifter Patrik, and fo hes broght the faid Sir James to a neidles proces of law for defence of his infeftment, and poffeffioun following thairupoun. The Lord Boyd excuifis him felff, bothe of vnkyndnes, and other wrong alledgeit done to Sir James, affirmeing that he hes done nothing in this particulair, bot that whilk ony other fubied might laugh- fullie haif done, for the faid Maifter Patrik being willing to haif maid furrender of the benefice, the faid Lord Boyd delt with him thairanent, procurit the faid furrender, and the confent of the biffiop and chaptour of the kirk of Glafgw thairunto, and thairupoun purcheft your maiefties infeftment, vnder your grite feale, whilk he produceit befoir ws ; declar ing, that gif Sir James infeftment be valide, and gif the fame may be fuftenit, be courfe and ordour of law, that then his infeftment, whilk is pofteriour to Sir James, can not preiudge him. The Lord Blantyre his intereffe is grounded vpoun a conditioun and promeis, alledgeit maid to him be Sir James, not to quarrell nor impugne his takkis ; and feing, he hes no fuche promeis of the Lord Boyd, he apprehendis fome feare to be 4 c 570 THE MELROS PAPERS. quarrellit, whilk will draw vpoun him a warrandice of all the takkis maid be him to his fubtakkifmen. Wee having at lenth hard thame vpoun thir pointis, at tua or three meetingis, whilkis wee had with thame thair anent, wee earneftlie delt with thame to haif drawne thame to a fubmif fioun, wherin we wald haif proceidit fo indifferentlie and confcientiouflie, as nane of thame fhould haif had iuft caufe of offence. The Lord Boyd offerit to fubmitt, for his pairt, to freindis. The other tua declynit the fubmiffioun ; the Lord Blantyre alledgeing, that he had no mater to fub mitt, and that he wald ftand to the defence of his takkis, be ordour of law. Sir James altogither refuifit the fubmiffioun, as a mater whilk threatnit his vtter wrack and ouerthrow, becaus he wes bundin, and floode obleift to the takkifmen in the contrair ; for verificatioun quhairof, thair wes fyve or fex contradis produceit befoir ws. As for Maifter Patrik Walkinfha his behaviour in this particulair, he preaffes, by fome friuolous evafionis, to clear him felff thairin ; bot the trewthe is, that firft he gaif his confent to Sir James Cleland, his authour, and now hes maid a fur render in fauouris of the Lord Boyd. This being all that we could do in this buffvnes, we humblie prefent the fame to your maiefties confidder- atioun; and quhat forder your maieftie ffiall command to be done heirin, vpoun the fignificatioun of your royall will and pleafoure, it ffialbe obeyit. And fua, with our moft fervent prayeris vnto God for your maiefties long and happie reign, we reft Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. Melros. A. Mar. Ja. Glasgow. Ar. Naper. Halyruidhoufe, the 25 of Junij 1624. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 571 CCCXXXII.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, 3our maieftie was gratiouflie pleafit to recommend to our tryall, the informatioune maid agains James Arnot, be his creditors, who, al- ledging that the faid James haifing maid over fome pairt of his eftait, in truft, to confident perfones, in fraudem creditorum, did thairvpon craue to haue his bodie delyvered, to be tranfported from Bervick, whidder he had his refuge, for fafetie of his perfone, to be incarcerate heir. Wee haue bein cairfull to proceid exadlie in that examinatioune, and to vfe all meanis of law, which might ferve for the difcouerie of fuch fraudfull alienatiounes (gif any wes), and for that end, grantit fummondis to the faid James, for fummonding his haill creditouris : efter whofe citatioune and compeirance in our haill prefencis, we tryit and found, that thefe im- putatiounes wer not warrantable, bot that the faid James had trewlie gevin and difponit all his awin eftait and guidis, and alfo the haill guidis, geir, and landis, which perteinit to James Dalzell, for payment of the debtis of the faid James Dalzell, for whome he was furetie, and for whofe debt he hes payit the foAvme of fourfcoir and fevin thowfand merkis, Scottis money, by and attour the faid James Dalzell his awin guidis and geir : Swa, that no pairt of his eftait was entrufted be him to any per fone in preiudice of his creditouris, bot himfelfe redaded to that pinch, that, for fafetie of his perfone from imprifonement, he hes retired to Ber vick, whair he leivis vpon the benevolence and charitie of his freindis, and by fuch fupplie as thair compaffionat pittie of his indigent eftait en- forcis thame to minifter to him for the entertainement of his lyfe : which, out of our bound dewtie, we doe prefent to jour maieftie, as ane ac- 572 THE MELROS PAPERS. compt of our proceidingis in that buffines ; and with our fervent prayeris to God for gour maiefties long and happie reigne, we reft 3our Maiefties moft humble and obedient fubiedis and fervitouris, George Hay. Melros.Lauderdaill. J. Erskyne. Hamilton.Carnegy. W. Oliphant. A. Hamilton. Sn. J. Skene. Geo. Areskyn. Ar. Naper. A. Fletcher. J. Gibsone. A. Hay. T. Henryson. Al. Elphinston. Edinburgh, 29 of Junij 1624. To the Kingis moft excellent Maieftie. CCCXXXIIL— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Youre maiefteis lettre, concerning the declaratioun of your royall will and pleafour, agains Williame Rig and his complices, come no foonnair to oure handis, whome youre maieftie firft intrufted thairwith, bot thair went a current brute through this toun, of ane extraordinair grite fyne to be impofed vpoun the faidis perfonis. How, or fra whome this THE MELROS PAPERS. 573 brute proceidit, we know not, and we will cleir oure felffis, that, to this houre, we haif euer concealled that point anent the fyne, and nowther acquentit the reft of the counfell, nor no otheris thairwith ; and for this we will humelie crave your maiefteis pardoun, and beg that fauour of youre maieftie, that youre maieftie wald be gratiouflie pleafit to tak in goode pairt oure humble opinioun concerning this fyne, whairin, as the Lord knowis, we haif no other thing befoir our eyis, bot your maiefteis hon nour, and the generall content of youre fubiedis, who, at the firft raifing of the vncertane bruite of this fyne, quhairof the particulair is yitt vn- knowne vnto thame, wer fo moued with the rairnes of the mater, and the apprehenfioun of feare, vpoun the preparatiue and confequence thair of, as we haif not hard of a mater fo hardlie tane with, and fo danger- ouflie apprehendit, be all rankis of perfonis ; ffor the lyke of this fyne wes neuer hard of in this kingdome, and thair wes never a cryme (how gre- vous foeuir), whilk wes puniffiable be fyneing, that reffauit fuche a cen- fure ; nor can the meanes of priuat perfonis afforde fuche fowmes, and the man him felff, althoght, in the generall opinioun of the people, he be welthie, is not knowne to haif fo mutche flocke as the fowme impofed ; and yf it be left in record, it will importe the effed of ane forfeytour, and a depryveing him of his wholl eftate, quhilk, in a mater of this kynd, refped being had to the qualitie of the offence, and quantitie of the fyne, will not be warrandit be example, and, in the opinioun of mony, will not fubfift in courfe of juftice. The confideratioun wherof hes moued ws hithertillis, to conceale the fyne, being perfuadit that the counfell wald neuer allow thairof, and we wer loathe that ony of youre maiefteis direc tions fould reffaue ane interruptioun, or hard interpretatioun. The reft of your maiefteis pleafour concerning him, and his affotiates, by decla- ratioun maid of thair being ever incapable of ony publid fundionis, is fatiffeit, and he ffiall keepe warde in the Blaknes, and the reft in thair wardis, till your maieftie, in the excellencie of youre wifdome, compar ing this punifhement with the qualitie of the offence, ffiall reffaue content ment, wherwith we will moft humelie befeeke your maieftie to reft fatiffeit, and to pardoun our prefumptioun and bauldnes, wherin, as we haif for marlie faid, we haif no other refped bot your maiefteis honnour, and con- 574 THE MELROS PAPERS. tent of youre fubiedis. And fo, praying the Almightie God to preferue youre maieftie in healthe and happynes, with a lang and bliffed reignne, we reft for euer Youre Maiefteis moft humble and obedyent fubiedis and feruitouris, George Hay. A. Mar. Melros.W. Oliphant. Haliruidhous, the firft of July 1624. To the King his moft facred and excellent Maieftie. cccxxxiv the lords of privy council to king james vi. Most Sacred Souerane, We reffaued youre maiefties lettre, of the xxij of Junij laft, and, to oure exceeding grite greiff, we perfaue that youre maieftie hes tane of fence at oure procedingis, in that mater concerning William Rig, and that fentence wes not pronunceit aganis him, conforme to youre ma iefties diredioun, wherin we will humelie craue pardoun, to cleir oure felffis, that no priuat refped nor confideratioun towardis the man, could haif induceit ws to ouerfie the leaft point of dewtie, in the executioun of youre royall commandmentis ; bot knoweing that youre maiefties princi pall ayme, in this and otheris materis of the lyke kynd, is groundit vpoun a moft religious and princelie refolutioun, to haif youre maiefties lawis, •concerning the ordouris of the churche, to be reuerentlie obeyit, and a THE MELROS PAPERS. 575 peceable and fruitfull minifterie to be eftabliffieit in this burgh; fo, at the dyet appointit for pronunceing of youre royall will aganis the faid Wil liame, he compeirit, accompanyed with the whole minifteris of this burgh, and not onlie moft fubmiffiuelie acknowlegeit his ouerfight in that Twif- days meeting, afoir Eafter laft, and cleirit him felff of fome miflakingis in his depofitionis, and quhairin he had foryett him felff, by granting a point never fpokin of be him in the meeting foirfaid : bot with that, the minifteris, after a havye regrait maid be thame of thair hard eftate and conditioun within this burgh, and how thay had a purpois to haif beggit leave to haif left thair minifterie,— in end, thay declairit, that, vpoun con ference with the faid Williame, thay had reffauit grite contentment and fatiffadioun, in the mayne pointis, wherin he pretendit his doubtis, and wer in goode hoip of his future conformitie and obedyence; and that the reft of the nightbouris of the towne, who hes the gritefl hand in this buffynes, wald, by his example, do the lyke, quhairupoun wald follow the peace of thair churche, refped to thair perfonis, and a hairtlie and mutu all harmonie betuix thame and thair flocke, whilk wes the onlie thing thay foght. And, thairfoir, thay humelie interceidit for fauour vnto the faid Williame, and that the declaratioun of youre royall will aganis him might be deferred for fome certane fpace. Thay being at lenthe hard, and the expediencie of thair propofitioun debaitit at the counfell table, and the archiebifhop of Sandandrois, who, as youre maieftie knowis, hes the grit- eft cair in thir churche materis, and whofe opinioun is mutche reuerenceit and followit thairin, not onlie ioyned with the minifteris, in thair propofi tioun and defyre, as the fitteft courfe to procure obedyence and peace in the churche, bot voited with ws, to the fuperfeiding of the declaratioun of youre will and pleafour. This being the fimple trewthe of the cariage and progres of this buffynes, we will humelie befeeke youre maieftie to accept the fame in goode pairt, as proceiding frome thame, whofe cheif cair and indevoiris, in the charge and placeis quhairwith youre maieftie hes honnourit ws, is to approve ourefelffis worthie of oure charge, and anfuerable to the trufte youre maieftie repofeth in ws ; we haif depryued the faid Williame frome his office of baillierie, and hes declairit him and the reft incapable of ony publid charge, in churche or towne, heirafter ; 576 THE MELROS PAPERS. and hes diredit thame to thair warde ; and in all otheris thingis, quhilkis may procure your maiefties obedyence and contentment, the peace of the kirk, and refped to the minifteris, thair falbe no thing wanting in ws, whilk to the dewtie of our place, as counfellouris, and alledgeance, as humble fubiedis and feruitouris, apperteynis. And fo, with the continew ance of our humble and eirnift prayeris vnto God for youre maiefties lang and happie reignn, we reft for ever Youre Maiefteis moft humble and obedyent fubiedis and feruitouris, George Hay. J. Gibsone. Melros. Morton. W. Oliphant. Carneoy. SR. J. Skene. Al. Elphinston. Ar. Naper. Linlithgow. J. Mar. J. Erskyne. Lauderdaill. Hamilton. R. Cokburne. Kilsayth. Haliruidhous, the firft of July 1624. To the King his moft facred and excellent Maieftie. CCCXXXV— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Afoir the refett of youre maiefteis lettre, of the fevint of this inftant, whilk wes diredit to the whole counfell, we, youre maiefteis chancellair and fecretair, had diuers meetingis with the earle of Nithif daill his creditouris, and eirniftlie delt with thame for a continewatioun of perfonall executioun aganis his cautionaris, till this approtcheing THE MELROS PAPERS. 577 Martymes ; and now, vpoun the refett of this laft lettre, the creditouris wer broght befoir the counfell table, and the mater, of new, vrged of thame, with all the inftance and reffonis that might induce thame thair unto ; and becaus of the neir approtcheing of the terme, the continew atioun wes vrged till Whitfonday, and promeis wes maid vnto thame of thair annuellis. We fand a wiflingnes in fome of the creditouris, and a plane and dired oppofitioun in otheris, who pretendit mony difficultyis and reffonis, quhairfoir that mater fould not be vrged of thame. And towcheing that point of youre maiefteis lettre, anent the recalling of com- pryfeingis, inhibitionis, and hoirningis, vfed aganis the faidis cautionaris, the creditouris wer fo far aganis the fame, as thay oppofed thairunto ref foun, law, iuftice, and pradique of the kingdome ; and that this table could not medle in a mater of that kynd, depending vpoun thair rightis and fecurityis, whilkis wer to be hard in another iudgement ; and the wholl counfell thoght, that, befydis the breache of law, the fauour craued wald ouerthrowe all trufte, commerce, and intercourfe, within the kingdome, and, confequentlie, wald produce griter inconuenientis, to the hurte of the eftate, nor could be for the prefent foirfeene. This being the effed of oure procedingis in this buffynes, we humelie prefent the fame to youre maiefteis confideratioun, with oure humble and eirnift prayeris vnto God for youre maiefteis lang and happie reignn. Frome Haliruidhous, the xv day of July 1624. Youre Maiefteis moft humble and obedyent fubiedis and feruitouris, George Hay. Morton. A. Mar. Lauderdaill. Melros. Carnegy. J. Erskyne. Roxburghe. Ar. Naper. Hamilton. W. Oliphant. To the King his moft facred and excellent Maieftie. 4d 578 THE MELROS PAPERS. CCCXXXVL— DEPOSITIONS OF ROBERT ELLOT AS TO THE INTENDED CAPTURE OF THE EARL OF BUCCLEUCH, &c. At Edinburgh, the xvii day of Julij 1624; in prefence of the Lordis Chancellour, Thefaurair, the Erllis of Moretoun, Roxburgh, and Melros. Robert Ellott of Ridheugh, fworne, and examinat vpoun the purpois and intentioun of taking the erll of Bugcleuchis lyffe, deponis, That Gib Eliot, callit the Tutour, proponit firft to the deponner the murthour of the faid erll, faying, the deponner wald neuir be at reft, till the erll Aver cutt off; and he vndertooke to do the fame within a year; bot the depon ner neuir aduyfed, nor counfailled him thairto: And fayes, that Gib come to Jedburgh to tyme of a juftice court, and thairafter to Edinburgh, to haue done the turne; and grantis that the deponner tauld this mater to Gawane Ellott, who anfuerit the deponner, that Gib wes bot a feeble coutcher, and wald neuir do the turne. At Halyrudhous, the nyntene day of July 1624; in prefence of the Lordis Chancellour and Thefaurair, the Erllis of Mortoun, Rox burgh, and Melros. Robert Eliot being demandit, In what plaice Gib Eliot, callit the Tu tour, firft proponit vnto him the purpois concerneing the murthour of the erll of Bugcleugh? deponis, The firft tyme that Gib Eliot moued that buffynes to him, wes at the watter fyde, neir to the deponneris dueling hous of Demayneholme, Avhither Gib haid purpoiflie come ; quhair, haue- THE MELROS PAPERS. 579 ing regraitted the erll of Bugcleuch his hard vfage of the deponner, and his whole name, he brak of the purpois concerneing the erll of Bugcleughis lyffe, faying, that yf he could gett help and mantenance, he wald vnder- tak, vpoun the perrell of his lyffe, to do the turne within a yeir. Demandit, Quhat he anfuerit, when Gib firft motioned this matter vnto him ? Grantis, that he intertenyed the motioun, and that Gib and he haid oftentymes purpois concerneing that buffynes, at euery vther tyme when Gib come to his hous : Grantis, that within aucht dayes after Gib Eliot proponned this buffynes vnto him, the deponner communicat the fame to Gawane Ellott in the Hilhoufe, who wes verrie jealous and fufpitious of Gib, that he durft not do the turne, calling him a feeble fellow. Demandit, At what tyme, and in what plaice, Gib Eliot refolued to do the turne? de ponis, At the tyme of the halding of the juftice court in Jedburgh, and thairefter in Edinburgh: Grantis, that he wes in Jedburgh at that tyme, whiche wes appoyntit for putting thair purpois in executioun : Denyis that he euir gaif any thing to Gib Eliot to do the turne. Demandit, After the purpois failled in Jedburgh, quhat wes the nixt appoynted tyme and plaice for conferring vpoun that fubied ? deponis, Thay haid findrie meittingis and conferrenceis thairanent, and that Gib Ellott wes of opinioun that the turne might be beft done in Edinburgh, and with leaft danger ; quhairvpoun, the deponner and he come to Edin burgh, quhair, haueing attendit the euent of the buffynes fome cer tane dayes, Gib Ellott, Robin Young, and the deponner, returned hame, all thrie togidder ; bot denyis that he haid any conference with Gib El lott anent the murthour of the faid erll, at that tyme, and in the prefence of and heiring of Robin Young ; nather rememberis he what paft betuix thame in thair ryding betuixt Maxuelheugh and the Moftoure, bot grantis that, befoir he com into Edinburgh, he tauld Robin Young, that Gib El lott haid vndertane the buffynes. Demandit, Yf, the tyme he wes in Edin burgh, Gib Ellott boght a quhinger, and broght it to the deponner and Robin Young, and ffiew it vnto thame, faying that it wes a fit inftrument for the purpois thay haid in hand? Grantis the fame to be of verritie. Demandit, How fone he diredit Gib Ellott into Edinburgh, after his returne hame ? deponis, Within aucht dayes ; and grantis that he haid 580 THE MELROS PAPERS. Robin Young in Edinburgh befoir Gib, to reffaue the pryce of a horfe, whilk the deponner haid fauld at his laft being in toun. Demandit, How meikle of the pryce of the horfe he ordanit Robin Young to delyuer to Gib Ellott? deponis, Tuentie pundis. Demandit, What conferrence Gib Ellott haid with him after Gib his bakcomeing frome Edinburgh, and that the purpois haid failled thair? deponis, He inquyred findrie thingis of him, the particularis wherof he can not remember. Demandit, Gif thair wes any difcord betuixt Gib Ellott and him, befoir the depon neris lady caufed fell Gib Ellott his knolt ? Denyis that thair wes euir any difcord and variance betuixt him and Gib. Item, The faid Robert Ellott being examinat, and demandit anent the flealing of Maifter Herroun and Williame Charletoun thair ky, deponis and confeffis, that he wes airt and pairl of the ftealling and reffetting of fax ky fra Maifter Heroun, in Chipfeis, about Mairtynmes laft ; and that Edie and Will Vfchearis and Gib Ellott, callit the Tutour, being his awne fervandis, wer adouris with him in this thift : And forder, he confeffis that the faid Edie and Will Vfchearis, his fervandis, haueing flowen frome Williame Charletoun, of Yflyfyde, tua ky and ane ox, the faidis goodes wer broght to his houfe, and reffett be him, and eaten in his houfe. CCCXXXVII— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Having, by oure lettre of the 26 of Marche, acquentit your maieftie, how far avo had proceidit in the tryall and examinatioun of that deteftable purpois contryved be Robert Ellott of Ridheugh, agains the lyffe of the Earle of Bugcleugh, and vndertane to be execute be Gib Ellott, callit the Tutour ; youre maieftie, reffenting the interpryfe, as it wes, indeid, bothe bafs and vnworthie, in refped of the circumflances and THE MELROS PAPERS. 581 qualitie of the perfone agains whome it wes intendit, being a nobleman, a counfellour, a commiffionair in the boundis where the murthour wes contryved, and the faid Robert his fuperiour, youre maieftie wes pleafed to will avs to go on in the tryall and puniffiement, fo far as the courfe of law wald allow ; and if the lawis in that point wer defediue, that the more exad diligence ffiould be vfed for difcouerye of the thift, quhairof the faid Robert wes challenged, for your maiefties fatiffadioun ; in whiche point we haif bene verie carefull, by divers examinationis, to rype vp the whole treuthe and mifterye of this mater; and after findrie meetings and denyallis, on the faid Robert his pairt, the dyet for his criminall per fuite, vpoun the thift, being at hand, and the verificationis thairof verie vndoutit and pregnant, wee then layed before him the conditioun quhairin he floode, and the inevitable danger he wes to vndergo if the dyet held fordwart; and, after muche dealing heirin, he wes broght to a confeffioun, bothe of the intendit murthour and thift, as by his depofitioun, fend heir with, your maieftie will perceave. How foone the erle vnderftoode of this confeffioun, he being moued with pitie and commiferatioun of his eftate, he' not onlie delt for a delay and continewatioun of the criminall dyet, whiche, at his earneft intreatie, wes grantit, bot he allowed that wee ffiould humblie interceid for fauour vnto him at your maiefties handis, quhilk, in all humilitie, wee remitt to your maiefties princelie confidera tioun. His tua colleagues in the thift hes vndergone thair tryall and puniffiement, the father being execute, and his fone, inrefped of his con feffioun and young yeiris, being baniffied the kingdome. He hes ane man callit Robert Young, who wes previe to this mater, and agains whome the faid Robert Ellott himfelff, and Gib Ellott, callit the Tutour, hes deponit, that he not onlie knew of the buying of the quhingear, be the faid Gib, to the effed abouewrittin, bot alfo wes prefent at thair con ference, vpoun this fubied, betuix Maxuellheugh and Moftoure. He is now prifonner in the tolbuithe of Edinburgh, for his obdurate denyall; and wee wald humblie knaw your maiefties pleafour, quhat falbe done with him. This being the effed of oure proceidingis heirin, wee humblie prefent the fame as ane accompt of oure diligence, and what forder your maieftie ffialbe pleafed to command thairin ffialbe obeyit. And fo 582 THE MELROS PAPERS. with our vnceffant prayeris vnto God for your maiefties long and happie reign, wee reft Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. Morton. Melros. Roxburghe. A. Mar. Halyruidhoufe, the 22 of July 1624. To the King his moft facred and excellent Maieftie. CCCXXXVIIL— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacked Soueraigne, Vpoun informatioun maid to ws, of fome appeirance of trouble and vnquietnes, lyke to haif fallin oute betuix certane of the erll of Hoome his tennentes, on the ane pairt, and fome of lord Gray of Wark his men, on the other pairt, vpoun occafioun of the douncafting of the faid earle his miln dame of Spyla, committit be the faid lord Gray his men, and of the flaughter of one of his men, whiche vnhappelie fell oute in the oppo- fitioun maid to the douncafting of the faid dame; wee, being cairfull, as become ws, of youre maiefties peace, and to prevent all occafionis quhilk might difturb that goode correfpondence, whilk your maieftie fo earniftlie wifheis to be mutuallie intertenyed betuix the tua kingdomes ; wee not onlie write to the ffiireff of Beruick to informe ws of the particularis of that buffynes, and to conveene the jufticeis of peace within that boundis, and, by thair ioynte authoritie, to bind all the pairtyis on this fyde, inter- effed in that, mater, to the peace, bot wee lykeAvayes write, to this fame end, to the jufticeis of peace within Northumberland, and wee eirneftlie recommendit vnto thame, that a meeting of the commiffionaris of the THE MELROS PAPERS. 583 Middleffiyris might be appointit for trying and punifheing of the offen daris on either fyde, and fatling of ane conftant ordour for the peace in tyme comeing. Thay haif bothe returnit vnto ws thair anfuer, proport- ing, that thay haif tane fufficient ordour for the peace ; bot anent the meeting of the commiffionaris, thefe of that fyde hes maid no mentioun. Wee ar informed frome the ffiireff of Beruick, that the Spyla miln hes bene a gangand miln thir fourtie yeiris bigane; and that vpoun the fevint of this inftant, fome of the lord Gray his men, to the nomber of tuentie perfonis, come, afoir the fune raife, to the faid dammheade, and kaift doun the fame, and that the oppofitioun wes onlie maid be three men; bot leaving this to the ordinair tryall and examinatioun, wee will humelie re queift your maieftie, feeing this mater may draw deipair to the difturbance of youre maiefties peace, that youre maieftie wald be pleafed to write to the faidis commiffionaris of the Midlefhyris, to appoint a meeting, fa foone as convenienthe may be, and not onlie to tak exad tryall of this buffynes, and accordinglie to cenfure the fame, and to fetle that ordour quhilk mav remoue all forder occafioun of trouble heirafter, bot lykewayes to tak ordour for fatling of the differenceis betuix the Lord Walden bis ten nentis, and the lairdis of Wedderburne and Blacader, anent the fifheingis foiranent Fifhewick, quhilk hes alreaddie bred grite trouble, and is lyke to produce forder. And fo, with oure earneft prayeris vnto God for your maiefties long and happie reign, wee reft Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. pA. R. of Ross. Morton. J. Glasgow. Lauderdaill. Buccleuche. A- Mae- Melros. ROXBURGHE. J. ERSKYNE. Haliruidhoufe, the 22 of July 1624. To the King his moft facred and excellent Maieftie. 584 THE MELROS PAPERS. CCCXXXIX.—THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, We reffaued youre maiefteis lettre, of the 21 of this inftant, by the whilk, your maieftie recommendit vnto ws the fearching and finding out of the conuenticlis keepit within the burgh of Edinburgh ; ffor your maiefteis fatiffadioun in whilk point, we thoght it firft expedient that all of youre maiefteis counfaill, who wer this day conuenit in a frequent nomber, fould be examined, vpoun thair grite oathe, concerning thair knowledge of thir conuenticlis ; quhilk being accordinglie done, and thay haueing purged thame felffis thairof, thairafter we fend for the proueft, baillies, and wholl counfell of the faid burgh, and verie ftraitlie layed this mater to thair charge, as a cryme moft offenfiue to your maief tie, fcandalous to the kirk, and moft pernitious and wicked, in confe- quence and example, caryeing with it ane evident introdudioun of ffiifme, the breiding and foftering of errouris, and of mony otheris evillis within the kirk; and we burdynnit. thame, owther to find out the offendaris, or otherwayes your maieftie wald tak yow to the wholl towne. Thay wer verie grevit for youre maiefteis offens agains the towne, and, with mony atteftationis, pleadit ignorant and innocent of thofe conuenticlis, and, by thair grite and folemne oathe, purgeit thame felffis bothe of the deid and knowlege thairof, protefting that thay never hard of fuche a mater ; and yf it wer trew, that in thair hairtis thay deteftit it, as a point vnworthie to be fufferit or hard of within thair towne; and thay promeift the vtter moft of thair endevoiris to trye, yf ever ony fuche offence hes bene com mittit, to the intent the pairtyis found guiltie may be feueirlie punifhed. We intimat, lykewayes, vnto thame, youre maiefteis will and pleafour anent the commvnioun, wherunto thay willinglie acquiefcit, with pro meis of conformitie and obedyence, humelie intreating youre maieftie, that yf ony fooliffie people of thair towne fall ftand oute and be refradar, THE MELROS PAPERS. 585 that the weyght of youre maiefteis wraithe fould light vpoun thame felffis, and that youre obedyent fubiedis of the toun fould not be troublit for thair foleyis. We haif gevin diredioun to mak intimatioun of the cele- bratioun of the commvnioun, be proclamatioun at the mercatt croce of Edinburgh, vpoun Mononday nixt, and we haif infert, in the proclama tioun, that fame certificatioun expreft in youre maiefteis lettre. This, for ane accompt of oure procedingis, in this mater, we humelie prefent the fame to youre maiefteis confideratioun, with our humble and eirnift prayaris vnto God for youre maiefteis lang and happie reignn. Frome Haliruidhous, the 29 of July 1624. Youre Maiefteis moft humble and obedyent fubiedis and feruitouris, George Hay. Lauderdaill. Roxburghe. Hamilton. Carnegy. Buccleuche. A- Mab- W. Oliphant. Meleos- Ar. Naper. Morton. To the King his moft facred and excellent Maieftie. CCCXL.-EARL OF MELROS TO KING JAMES VI. Most Sacred Souerane, How foone your maiefties letter, commanding the ftay of nro ceeding, m the adion perfued by the Earle of Roxburgh aeanis Fan Stuart, came to my hands, I went to the earle, and Zifieftn h maiefties pleafure, which he promifed humblie £2^* £S 586 THE MELROS PAPERS. all farder inftance till he fould obteane your maiefties permiffion to the contrarie, affuring me, that he fould teftifie his due obedience by his owne letters. So, praying God to bleffe your maieftie with accomplifhed pro- fperitie, I reft Your Maiefties moft humble, faithfull, and bund fubied and feruant, Melros. Edinburgh, penult July 1624. To the Kingis moft facred Maieftie. CCCXLL— THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Thair wes a complaint gevin in this day vnto ws, in name of the commiffionaris of the Midleffiyris, proporting, that althoght thay haif bene verie folift and carefull to approve thame felffis anfuerable to the truft, your maieftie hes repoifed in thame, not onlie by keeping of goode cor- refpondence, executing of iuftice, and caufing of reall redres to be maid of all complaintis on the Inglifhe fyde, fua, that now thair is no ftouthis nor reaffis hard of vnredreffed on this fyde : that notwithftanding, a pairt of the boundis on the Inglifhe fyde, as, namelie, Tyndaill and Riddifdaill, is in a maner brokin loufe, and frequent ftouthis committed within the fame, and no redres at all maid, be reafoun, as we conceave, that fince the de ceafe of vmquhile Sir Harye Widrington, that had charge ouer thefe boundis, thair is no perfone of qualitie authorifed with commiffioun, with in the faidis boundis, to tak ordour with the faidis difordouris, as is done at the eaft and weft handis, quhairby your maiefties fubiedis, on this fyde, THE MELROS PAPERS. 587 ar havelie preiudget, and may be tempted to feek redres vnlaughfullie, if fome courfe be not tane that a mutuall correfpondence and redres be indif- ferentlie keepit on bothe fydis; quhairof, we thoght meete to mak your ma ieftie forfeene, to the intent your maieftie, after dew tryall and informatioun of the caufs of thir difordouris, may prouide for preventing of the forder grouthe of the fame, and fuppreffing of the prefent. And fo, praying God to bliffe your maieftie with mony long and happie yeiris, we reft Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. Melros. W. Oliphant. Sa. J. Skene. Edinburgh, 4 Februair 1625. To the King his moft facred and excellent Maieftie. CCCXLH.-THE LORDS OF PRIVY COUNCIL TO KING JAMES VI. Most Sacred Souerane, Thair wes a fignatour gevin in to ws, vnder your maiefties hand, and recommendit be your maiefties lettre, to be exped, contening ane infeftment of the lordffiip of Kintyre, in fauouris of the earle of Argyll his eldeft fone of the fecund mariage; after confideratioun quhairof having calht to oure rememberance, how that the paffing of this infefment wes verie inftantlie vrged be the earle himfelff, the tyme of the parlia ment, in the fix hundreth and fevinteene yeir of God, quhair your maieftie wes prefent, and how that grite oppofitioun wes maid thairuntb be the faid earle his cautionaris, as, namelie, be the conflable of Dundee' the 588 THE MELROS PAPERS. lairdis of Lundie, Laweris, and fome otheris, who conftantlie affirmed, that thay had no hoipis of releif of thair grite ingadgementis for the faid earle, if that infeftment wer exped, feing the lord of Lome, the faid earle his eldeft fone, ftoode infeft in the fee of the whole reft of his leving, and nothing wes reftand, wherupoun thay might gett reall execu tioun for thair releiff. And whereas your maieftie, oute of your gratious refped of thir gentlemenis releiff, allowit of the flaying of the infeftment at that tyme, we thairfoir thoght that we could not be anfuerable to your maieftie, if now, without hearing of thame, we fould give way thairunto; and thairfoir, we wret for thame, and Lundie compeirand, he renewit, with verie grite inftance, the formair fuite anent the flaying of the in feftment, and gaif in a note of threttie fex thoufand, aucht hundreth, and three pund, wherin he yit ftandis ingadgeit for the faid earle, befydis tua thoufand pundis, with fome annuellis that he hes payit. We having at lenth hard him, as alfua the faid earle his agent, who attendit this buffynes, and who had nothing to fay agains the note of the ingadge mentis foirfaidis, we haif maid choife rather to ftay the infeftment, nor rafhelie to giue way thairunto, till firft we be confultit with your maieftie thairanent, wherin, craving your maiefties pardoun for this ffiorte delay, 'and being readdie, according to our bundin dewtie, vpoun fignificatioun of your maiefties royall will and pleafoure in this particulair, to conforme our felffis thairunto, we pray God "to bliffe your maieftie with mony long and happie yeiris, and reftis Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. Melros. W. Oliphant. Edinburgh, the fourte of Februair 1625. To the King his moft facred and excellent Maieftie. THE MELROS PAPERS. 589 CCCXLIIL— THE NAMES OF THE NOBILITIE OF SCOTLAND, NOWE HEERE TO ATTEND THE FUNERALL OF KINGE JAMES. The Lord Chancelor. The Duke of Lenox. The Marquefs Hamilton. The Archbifhopp of Saint Andrewes. The Earle of Mar, Lord Treafurer. The Earle Marfhall, The Earle of Morton. The Earle of Eglinton. The Earle of Buchan. The Earle of Nethifdail. The Earle of Linlithgoe. The Earle of Home. The Earle of Wigton. The Earle of Tullibardin. The Earle of Roxbrough. The Earle of Kelley. The Earle of Balclewth. The Earle of Melrofe. The Earle of Annandail. The Earle of Laudirdale. The Lord Gordon, eldeft fone to the Marquefs Huntley. The Lord Vifcount Aire. The Lord Erflrin, eldeft fonne to the Earle of Marr. The Lord Fenton, eldeft fonne to the Earle of Kelley. The Lord Binning, eldeft fonne to the Earle of Melrofe. The Lord Spynee. 590 THE MELROS PAPERS. The Lord Madertie. The Lord Pittinweeme. The Lord Brufe. The Lord Caluill. The Lord Kincleuin. KNIGHTS, PRIUEY COUNSELLORS OF SCOTLAND. Sir Archibald Napeire. Sir John Hamilton. Sir George Elphingfton. Sir Andrew Kerr. Sir William Alexander. Sir John Scott. officers. Sir William Seaton, Mailer of the Houfhold ; equall to the Treafurer or Comptroller of his Majefties Houfe heere. Maifter John Oliphant, his Majefties Agent ; equall to his Majefties Solicitor heere. Maifter William Chambers, Treafurer Clerk; equall to Sir Robert Pye, Auditor of the Exchequor heere. Maifter John Fenton, Comptroller Clerke; equall to the Clerkes of the Greenecloth heere. Thefe verye Scotife Nobellmen prefent at the Funerall of King James, in Maij 1625. THE MELROS PAPERS. 591 CCCXLIV— THE LORDS OF PRIVY COUNCIL TO KING CHARLES I. Most Sacred Souerane, The charge and burding of your maiefteis feruice agains the rebellis of the Claneane, (be whome, not onlie youre maiefteis awne fub iedis, bot the fubiedis of otheris princes, your maiefteis freindis and confederatis, werhavielie diftreft and robbed of thair ffiippis and goodis, and fome of thame cruellie and barbarouflie flayne), being committit to the Lord of Lome, he, oute of his humble and dewtifull refped to your ma iefteis obedience, not onlie willinglie vndertooke the feruice, hot he hes profequute and followit the fame oute, with grite refolutioun and dexte- ritie ; and that with his awne proper freindffiip and forceis, without ony trouble or burdyne to the cuntrey, in fo far that, whereas it is vfuall throughout the his, in expeditionis of this kynd, that viduallis ar takin without payment, the faid lord wes fo refpediue of his credite in that point, that haueing fyfteene hundreth men in his company, he tooke fuche ane ftrait ordour with thame, that, during the wholl tyme of the feruice, nane of thame durft meddle with ony viduallis, bot for prefent and reddy payment. In the profequutioun of the feruice, he hes execute, be courfe of juftice, ten of the rebellis ; he hes flayne fax of thame ; and he hes broght heir to the burgh of Edinburgh fourteene, who ar to vnderly thair tryall and puniffiement. He compeirit this day befoir youre maiefteis counfell, and gaif ane accompt of his diligence and procedingis in the feruice, wherin we find that he hes approvin him felf anfuerable to the truift wes repoifed in him. And whereas he is a young nobleman, and this is the firft of his imploymentis, wherin he hes worthelie and dewtifullie dif- chargeit him felf, we could not forbeare to gif notice of the fame to your maieftie, to the intent, that yf the lyke occafioun of feruice fall oute in the His or Heylandis of this kingdome, your maieftie may be affured of 592 THE MELROS PAPERS. one who is both able and willing to ferue your maieftie. And fo, in all humilitie recommending him to your maiefteis fauour, and his feruice to your gratious allowance and acceptance, we pray the Almightie God to watche ouer youre facred perfone, and to bliffe youre maieftie with mony lang and happie yeiris, and we reft for ever Youre Maiefteis moft humble and obedyent fubiedis and feruitouris, George Hay. Morton. Perthe. Roxburghe. A. Mar. Wintoun. Melros. Edinburgh, 29 July 1625. To the King his moft facred and excellent Maieftie. cccxlv.—the lords of privy council to king charles i. Most Sacred Soueraigne, Whereas your maieftie wes pleafit to recommend vnto ws, the taking of fome cair in the Duke of Lennox his affaires, and to foirfee that his eftate and leving wes prouidentlie and ordourlie managet by the commiffionaris intruifted thairwith ; wee, according to oure bundin dewtie, wald haif bene moft folift to haif gevin vnto your maieftie fatiffadioun thairin, bot the abfence of Sir George Elphinftoun, one of the faidis commiffionaris, and who hes the fpeciall handling of that mater, hes bene a grite lett and hinder to our proceidingis, feing, without him, wee could gett nothing done thairin ; quhairthrow thair is nouther compt tane of the chalmerlanis, nor yitt of the tennentis, of whome fome ar become THE MELROS PAPERS. 593 verie poore, and the longer that thair dewtyis ly in thair handis, thair payment will prove the more difficle. And thairfoir, wee will humblie intreate your maieftie, if Sir George be not fhortlie to come home, that your maieftie will mak choife of the Lord Carnegye, with fuche otheris as your maieftie will intruift, with the charge of the faid duke his leving, and hes his conftant abyding in this kingdome, to the intent, the abfence of the one be not a preiudice to the other ; and whome wee fall not onlie affift with oure aduife and counfell, in all that concernis that charge, bot wee falbe carefull, fra tyme to tyme, to craue ane accompt of the progres of thair procedingis thairin. Quilk, remitting to your maiefties royall confideratioun, and praying God to blifs your maieftie with mony long and happie yeiris, wee reft Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. A. Mar. • Melros. Edinburgh, the firft of Auguft 1625. To the King his moft facred and excellent Maieftie. CCCXLVI.-EARL OF NITHISDAILL TO THE EARL OF ANNANDAILL. My Lord and Brother, I haue, at this prefent, refavit your letters of the J 8 of this moneth, wherby I perfave the humur of our leading men continueth to oppofe the kingis directions. Lett tham anfuer, when they cum heir, for 4 F 594 THE MELROS PAPERS. it. I did think yow had alredie bein wpon yowr iurney; tharfore haill, that yow mey be hear as fone as they. I am forie that yow ffieuld have put yowr hand to dyvers letters cum hear from the counfell, fpefiaflie anent that of the fettilling the counfell. The foner yow be hear the better; yow mey be confidente, that quhat conferns my felfe, fall be noe dearer to me then what belongs to yow, ather in honour or wtherveyis. From him who fall be alweyis Yowr Lordffiips brother and fervand, Nithisdaill. Hamton Court, November the 28, 1625. To my noble Lord and Brother, the Earle of Annandaill. cccxlvii lord binning to the bishop of the isles.* My verie Honorable Good Lord, I haue prefentlie reffaued frome your lordffiips footeman, your lordfhips letter of the fourt of September, from Bredick, lignifeing your lordfhips meffages to the rebelles of Duniveg, the offer to thame, of his maiefties remiffion, and there tryell of the fufficiencie therof, and, nottheles, there delay to giue there obedience, till your lordffiip go to Ila, whiche now your lordfhip is prepareing to do. I am verie forie of * The following four articles, relative to the disturbances in the Isles, occur in a volume of MSS. amongst the Balfour Collections, which having been used by the late Mr Gregory, for his History of " the Highlands and Isles of Scotland," was not returned to the Library in sufficient time to enable their insertion at the proper date ; they have therefore been placed together at the end of this Collection. THE MELROS PAPERS. 595 the progres and fucces of that bufynes, which appeares to be mifcarryed, not without your lordfliips ouerfight ; for when his maiefties commiffion wes, according to your lordffiips defyre, granted to yow by the counfale, and fuche remiffion exped to the rebelles as your lordffiip requyred, your lordffiip vndertook, and faithfullie promeifed to the thefaurar depute and me, that your lordffiip ffiould go in perfon, with all poffible diligence, to Ila, being confident to find readdy obedyance of the rebelles there ; and, after your lordffiips parteing from ws, we delt with your lordffiips fone to haift after your lordffiip, to latt your lordfhip know that we had perfuaded the Earle of Caithnes to promeis, fo fone as he had performed his vnder- taken commiffion, to tak fordward his ffiippes, ffiouldioures, and canones, to affeage and batter the houfe of Duniveg, yf your lordfhip fhould mak ws fpeedie aduerteifment of there delay or difobediance of your charges, as his maiefties commiffionar : for which purpofe, wee wrote verie particular to your lordfhip, by Duncan Campbell, whom wee fend expref- lie to your lordffiip, commanding him, and requeifling your lordfhip, that he ffiould not returne to ws whill he had accompanyeed your lordffiip to Ila ; and vpon the fight of the event of your trauelles, might haue reported to ws, by your lordfliips letters, and his owne fight, the certantie of thinges; whom your lordffiip fend back to ws from Bute, with your letter, bearing faithfull promefe, that his jorney fhould not be neceffar, but that your lordffiip ffiould go prefentlie then fordward, and returne ws good and fpeedy contentment; whereby, finding our felues far difapoynted of our expedatioun, of new, wee dereded Duncan Campbell, vpon the 29 of Auguft, with our letteres, whiche wee thoght fhould have fund your lordffiip in Ila, and have againe, this tyme, reported the eftate of your proceedinges. But now, finding that your lordffiip is ftill in Arrane, and begining to mak your preparationis as for ane feruice to begin, we have good caufe to regrate the inexcufable loffe of fo good tyme as the feafon of yeare, whiche brings on vnmendable difficulties, and is lyk- lie to mak the Earle of Caithnes vnhable to do the feruice, and fo to giue your lordffiip leffe incuragement, and fuch advantage to the rebellis, as may mak his maiefties houfe, which wes loffed by default of your keepars, to be deteaned by the rebelles, whill the nixt fomer; it beeine 596 THE MELROS PAPERS. more probable that your lordffiips imploying of the cuntrey people to inclofe the houfe fhall giue thame vexation, nor bring difficulties or ne ceffitie of ouergeveing the houfe to the rebelles, to whom your lordffiip hes, befyd the aduantage of there former preparation of vidualis, given occafion, by this delay of tyme, to furniffie thame felues with new comes. Neuertheles, I haue delyuered to your feruand the warrand and diredion in wrytt, which your lordfhip craved to Donald Gorme, and ffiall, with extreame diligence, caufe exped all that you can reafonablie require, for furtherance of your vndertaken charge in his maiefties feruice. I pray your lordffiip confider of your burding according to the weaght thereof, and imploy your judgement, frendes, and powar geven your lordffiip by his maiefties commiffion, for the fpeedy and duetifull performance thereof; for your owne credite and his maiefties honour and contentment, of whofe gratious confideration of good feruices no man knowes better the affure ance and experiance then your lordfhips felff. So, hopeing vndoubtedlie that your lordfhip will ftryve, with care and diligence, to amend bypaft negligence, and wifheing your lordffiip happie fucces in this and all other your affairis, I reft Your Lordffiips affured freind to be commanded, Binning. Edinburgh, aught of September 1614. Your lordffiips man hes not had caufe to ftay heere ane houre vpon his anfwer, and hes reffaued money for his charges. Indorfed by Lord Binning : " Copie of my letter to the Bifchop of the lies. "8 September 1614." THE MELROS PAPERS. 597 CCCXLVIIL— ARCHIBALD CAMPBELL TO [LORD BINNING?] Pleis your lordffiip to heir ane accompt of his maiefties ferwice fence my going to Dewling. I cam to Dwling on the twentie of Novem ber, where I ftayit whill the fowre of December, attending the fhiping of two cannons, and one culwring with wtheris neceffaris, belonging to his hienes ferwice. My lord, I cannot omitt to remember your lordffiip, of the gryt cair my Lord Deputie of Ireland did taik, in difpaching, with all diligence, fuch thingis as was committit to his charge. On the fowrt of December, Sir Oliver Lambert, commander of his maiefties Iyriffi forces, ffiipit in his maiefties fhip callit The Phoenix, ac- companeit with the Moone, one of his maiefties pinages, a hoay, wherin the ordince wer, and a Scottis bark with wittallis. They cam to Auld- erfleit, neir to Knokfergus, where they ankerit, and Sir Oliwer Lambert went to Knokfergus, where he ftayit thrie or fowre dayis, attending fum timber neceffer for the ordince, and for fhiping a hundereth and fyftie foldioris, who war appoyntit to gard the cannon. On the thretin of December, at night, they weyghit anker, and did taik faill towards Ilia. On the fowrtein day, abowt two of the klok in the afternon, thei cam to ane anker in the fownd of Ilia, at the Whit Foirland of Jwra. I ex- pedit to have hard of the Livtenants being in Ilia, attending the cuming of the cannon, bot for two dayis, I culd not have occafioun to meit with any to demand newes of. On the fextein day, Donald Gygay, commander of the Hie of Jura, cam aboord where I was in the Phoenix, wha ffiew me that the liwtenant haid beine for the fpace of fowrtein dayis in two littill iyllis, neire to the caf tell of Dunywege, and that he haid retwrnit bot two dayis befoir oure cuming. Likwayis, he ffiew me that the liwtenant remanit at Duntrown prowyding niwe wittallis, and wold be redie to retwrne to Ilia, fo foone 598 THE MELROS PAPERS. as he were adwerteifed of the cuming of his maiefties ffiippis. I derec- tit away a letter to the liwtenant, fhewing him of our cuming. On the twentie two day of December, the liwtenant retwrnit me ane anffre, and wrot to Sir Oliwer Lambert, defyring him to hawe a littell patience, and he fhould be with him, with all poffibill diligence. Sum of the men of Jura and of Ilia, wha cam in to fpeik with me, re- portit, that a litell befoire the lewtenants cuming towards Ilia, thair cam one, callit Grahame, to the caftell of Dunywege, wha ffiew the rebelles that he was deredit be my Lord Chancier to receawe frome them the pledgis and the hous, and for his warrant, he alledgit to hawe inftruc- tionis vnder my Lord Chancleris hand, for obedience wherof, the rebelles haid randerit wp the pledgis and the caftell ; and that this Grahame haid maid Angus Oge conflable of the caftell. Hawing not hard frome the liwtenant, how fare he haid proceidit with the rebellis, I ffiew Sir Oliwer Lambert of the report I haid hard, where by Sir Oliwer tuik occafioun to writ, and fummond the rebelles to rander the hous. The copie of Sir Oliwer Lamberts letter, I hawe herewith fend to your lordffiip, and the rebelles anfwer to Sir Oliwer. Sir Oliwer being defyrous to wnderftand the ftrenth of the caftell, and to hawe a wiew of thair aledgit warrant frome the chanclere, fent Cap- tan Parkins to report to him the trew eftait of boith. The copie of Sir Oliweris fecund letter, with the copie of Grabamis aledgit inftrudionis, I haAve herewith fent to your lordfhip. Efter that I haid feine the copie of Grahamis inftrudionis, I ffiew Sir OliAver Lambart, that, in my opin ioun, all that paft betwixt Grahamis andthe rebelles was dewifit by Grahame him felf, for releif of the pledgis. What gryt chargis Grahamis dealing hes put his maieftie to, and what o-ryt paynis his doingis hes bred to thos wha follovit his maiefties fer vice, I leive the report thairof to a better tyme. On the fyft of Januar, the livtenant. met with Sir Oliver Lambert, at the Whit Foirland of Jura, being fowrtein or fyftein dayis afoir, ftayit by con- trarie wynds, and wehement ftormes, fuch as Caiptane Buttone, caip- tane of his maiefties fhip, calit the Phoenix, a worthie gentelman, na thing inferior in knowledge of fea fearing matteris to any in his maiefties do- THE MELROS PAPERS. 599 miinons, afirmis that he newer indwrit the lyk, nor vas newer in a moir dangerous place. On the fext of Januar, the livtenant landit in Ilia, and immediatlie thairefter fumond the countrie peopil, nixt agifcent, to geve thair com peirance, and to prowyd horffes for his maiefties Yriffie commanderis and fouldiouris. Sir Oliver Lambert, at his meting with the livetenant, fhew him, that he behowit to have beivis for his fouldiouris, and that he haid not brought no mony with him, for witling of his foldiouris. The liwtenant caufit prowyd thretie fyve beifis, weeklie, for his ma iefties Yriffie forces, which thei haid dwlie gewin them. At the liwten- ants firft landing in Ilia, he was bot two hundereth men. On the nixt day thairefter, thair cam to him fewin fcoir men. On the nynt of Jan uar, the liwtenant deredit Maifter Donald Campbell and me, with aught fcoir men, to march befoir him to the caftell of Dunywege, and if any of the rebelles Aver on the feildes, to perfew them, the which we did. The liwtenant hawing prowydit horfe for his maiefties Yriffie compa nies, Avha landit in Ilia the nixt day efter the liwtenant landit in Ilia, the liwtenant and thei marchit together, on the nynt of Januarj, to Port- inellan. On the tent of Januarij, the liwtenant, and the Yriffie companies, marchit to the Lagan, fum fowre myll frome the caftell. On the elevint of Januarj, they marchit to Baleneill, which is within a myll to the caftell. On the twelft of Januar, the liwtenant marchit with his awin companies to Balenachtan, which is within half a myll to the caftell, wher Maifter Donald Campbell and I haid remaynit two dayis befoir. His maiefties Yriffie forces ftayit at Baleneill, in regaird thair was no lodging wher the liwtenant remaynit. On the fyftein day of Januar, the hoay, with the reft of the ffiipis that attendit the fervice, failing onlie his maiefties awin ffiip the Phoenix, cam to the 111 of Tixa, which is within a myll and ane half to Dunywege, wher, foir the fpace of too or thrie dayis, thei indwrit a maft wehement ftorme! One the auchtein day of Januar, the pillats wha wer fent be Caiptan 600 THE MELROS PAPERS. Bwttone to wnderftand if thair was any faif ryding at the Iyll of Tixa for his maiefties ffiip, went back to him, and ffiew him thair opinioun of the rod. On the twentie day of Januar, the liwtenant him felf went in his gallay with a number of boitts, and onlodint the hoy, and the wther ffiipis, of the fhoat, pouder, and timber, and fuch wther neceffaris as belongit to the ordince, and all thair pickaxis, fhoollis, watellis for the fogeris cabinis, and deall boordis, to build houffis for his maiefties Yriffie commanderis. On the twentie ane, the liwtenants boatts attendit as thei did the dav befoir one, the twentie, and in the night foure of the rebellis ftoll away owt of the caftell of Dunywege, wha war receawit be the liwtenant, accord ing to the tennor of his hienes proclamatioun. On the xxi of Januar, Rannald MacJames, wha haid taikin in the Hie and Fort of LochgAvrme, did rander the fame to the liwtenant, and hes promeift to do ferwice againft the reft of the rebelles ; in regaird wherof, the liwtenant hes affwrit him and his fon of his maiefties favore. Ran nald Macforle, with Donill Baillie, Johne Macdonill Baillie, and Sorlle M'Al after, vith Donill Baillie, hes randerit them felf, and promeift to do ferwice, conforme to the ad of cowncell, for thair remiffioun. On the 22 day of Januar, the livtenant vent, and Sir Olipher Lambart, weiwing a place for landing of the ordinces, the whiche wes fund owt werrie happillie, although fum what vnder the dangir of the caftell. On the 18 day of Januar, the Phoenix, his maiefties ffiip, came to the Hie of Tixa, hawing indwrit, the Wedinfday before, no les danger, by the extremite of the florme, than all hir worth ; and having caftin anker neir to the faid 111 of Tixa, fho indurit, for the fpace of thrie dayis, a moft wehement florme ; fo that, if thair haid not bene a better rode fund owt by Caiptane Buttins painfull cair and diligence, than the rode of Illan Tixa is, of all neceffitie his maiefties fhip behowit to hawe bene difmiffit. Bot he efpyit a place, the Lodomes, where his maiefties ffiip lyis withowt any danger. On the 23 day of Januar, Caiptan Button did man his awin boat, and ane vther fliip boat, and caufit the hoay be brought to the place apoyntit for landing of the cannon; the hoay hawing come wnder the fhoat of the THE MELROS PAPERS. 601 caftell, whiche of all neceffitie fho behowit to do, the rebelles did tak thair adwantage, and powrit owt a great many ffioate one the twa boats that wer a bringing in the hoay, bot no harme was done, praifit be God. On the 25 day of Januar, the culwring and cannon were landit. On the 27 day of Januar, the wther cannon was landit, where the livtenant and all his people did labour, as thei did the day befoir, in bringing thame affioare ; and the fame day, in the eftemone, one of the cannons being adrawing frome the ffioare towardes the place where the platforme was to be maid, thei broght the cannon within fhoat of the caftell, whairof the rebelles, taiking thair adwantage, powrit owt a great many fhoat amongft ws, where Caiptane Crawfwrd, a worthie gentelman, was fhoat in the fmall of the lege, and within fyve or fex dayis efter, had his lege cut of be the knie ; and within twa houris thairefter, he diet. Thair was likwayis, at the fame tyme, one of the livtenants company was ffioate in the bodie, and leifit bot a few dayis. The wther cannon and culwring being brocht wp, and plantit neir to the platforme, all our com panies being likwayis intrinchit in the moift commodious pairts round abowt the caftell, fo as thair was no hoip for the rebelles to effiape be land. The platforme being finifhit, the ordinces were broight and placit, and one the firft of February, in the morning, the cannons and culvring played ; hawing ffioate many ffioates, the rebelles fent vp a boy with a lettir in a clofin flick to the liwtenant, defyring him that, he wold fend down fum of his freindis to parle with thame; he retwrnit thair berar, and defyrit to tell Angus, if he wold not cum to him where he ves, on promeis of his faif retwrne, he ffiould hawe none of his freindis to parle with him. The meffenger went not fooner back to the rebelles, when thei fent him to the livtenant back agayn with ane wther letter, defyring him, that he wold cum and meit with Angus, in the midway betwixt the caftell and where he campit, he retwrnit the meffenger, and told him as he did before. All this tyme the cannon and culwring plaid, faif onlie fa long as the berrar was in his cuming and going. Abowt fex of the clok at night, Angus wryt to the liwtenant ane wther lettir, defyring him that he wold, in the nixt morning, the fecund of February, fend to him Sir Thomas Phihphis and Archabald Campbell, and he him felf wold cum 4g 602 THE MELROS PAPERS. with them to the livtenant where he was. The liwtenant adwyfit with Sir Olipher Lambart, what anfuer he ffiould maik to him. It was thought expedient that thei fhould go and meit with him, and with all, the liwtenant ffiew the meffenger that, he wold protrad no tyme, bot the can nons fhould play ftill, faif onlie quhill Sir Thomas Philipis and Archabald Campbell ware in bringing of Angus to the liwtenant: Be this tyme, the rebelles ware greatlie difcuragit be the effed of the battrie that was the firft day, and fearing that thei wold adventwre thame felfis to go away be fea, the luiftenant did ftrenthin his guard, which he keipt on thame by fea the nights preceiding, and diredit Maifter Donald Campbell, with fum wther fpeciall gentelmen, to watch the rebelles by fea that night, and Caiptan Button, wha has beine a willing indeworrer of him felf, to forder the fervice, did all that night watche the rebelles in his longe boat. The 2 of February, in the morning, efter manye fhoats of the cannon and culvring, the luiftenant fent Sir Thomas Philips and my felf, to bring Angus to him as apoynted the day befoir, wha cam with Sir Thomas Philips to the luiftenant. The luiftenant hawing demandit Angus of fyndrie particularis in pre fence of Sir Oliwer Lambart, Sir Thomas Philips, and Caiptan Bwtton, Angus told the luiftenant, how he haid, at the defyre of my Lord Chan cier, randerit wp the pledgis and the caftell to one callit Grahame, and that Grahame haid commandit him to keip the caftell for the kyng. The luiftenant lett Angus wnderftand, by many good reaffouns, that Grahame, as the luiftenant vnderftood, had no fuche power, no derec- tioun, and that he thoight Averrille that Grahame haid deceavit him. At lenth Angus returnit back to his affociats, and promeift prefentlie to come him felf, and fo many as wald fallow him, and rander them felf in his maiefties will. The luiftenant fent with Angus, two gentelmen, to condudhim back frome the caftell. Angus na fooner cam to the caftell, then he retwrnit. the two that were fent with him, defyring them to ffiew the luiftenant, that, on no conditioun, wald he rander him felf. Than the ordince was plyed, which haid not fhoat above fevin or eight fhot, when Angus fent to the luiftenant, defyring ane wther parle. The luif- THE MELROS PAPERS. 603 tenant refuifit to anfuer him, bot commandit me to affure him, that the luiftenant wold heir no moir of his delayis. Abowt fyve of the clok in the evening, Angus fent to me a meffenger, defyring that I wold craue the luiftenants promeis, that the luiftenant [ffiould obtain their lives?*] at his maiefties handis ; the whiche I ffiew to the luiftenant, wha an- fuerit me, that he wald mak no promeis to any of the rebells, nether wald he remember any privat quarrell of his awin againft Angus, bot fo for as his place wald command him. All this tyme the cannon and cul wring played on the caftell, the meffenger being on his way to the caftell ; and Angus, not abill to withftand the feage any longer, was cum furthe owt of the caftell, where all that were abowt might fie him ; and in the midway, Angus being cuming to rander him felf, the meffen ger met vith him, and told him as I hawe writtin. Angus hawing cum to the luiftenant, betwix fyve and fex a klok at night, with fum wther of the principall of the rebellis, thei knilit all befoir the liwtenant, in prefence of all that wes thaire, and told that thei wer cum, in all humilitie, to rander them felf in his maiefties will, withowt. any conditioun. Likwayes, he told the luiftenant that fum of the rebelles, wha were in the caftell, haid defyrit him to afk if the luiftenant wald be pleafit to affuire them, that thair lyfis ffiould be faif wntill thei werre brought afoire the confell. The luiftenant fent me to Sir Oliwer Lam bart, to let him know of this meffage. In the meane tyme, the luiftenant diredit his boatts to ly watching the rebelles, if thei fhould fteill away be fea, as he did ewerie night befoire. Bot the cuming in of Angus, almoft wnder clood of night, and the meffage he brought frome the reft of the rebelles, as, likwayis, Sir Oliwer Lambert hawing affuirit the luif tenant, fo ffione as it were dark, he wold fend his companyis to lodge wnder the wallis of the caftell, the which, whill I was my felf with Sir Oliwer Lambart, fhewing him the meffage that Angus had broight frome the reft of the rebellis, Sir Oliwer was prowyding his companyes to go to the caftell, and ftayed onlie to let thame hawe a littell meatt, for thei haid laborit werie hard all the day befoir,— thos that werre attending the boattis, knowing of all this, it maid fum of them the moire neglegent, * Something has evidently been omitted here, 604 THE MELROS PAPERS. hoiping that thei fhould hawe littell or no thing ado. I haid no fooner taikin leave of Sir Oliwer Lambert, being on my way towardes the liw tenant, when the rebellis, wffiit owt in a boat, whiche thei haid fittit for the purpos. Sum of the luiftenants men, that watchit for them by fea, did give them a woillie of fhoat, and lenchit owt thair boatis and folloAved them, which the rebellis anfuerit with thair fhoate; fo as the luiftenant, Sir Oliwer Lambert, and all that war one the flioare, might fie the luif tenants boattis and the rebellis boate gif fyre to wthere a longe tyme: A rock likwayis neire to the caftell, wherone thair was plantit a number of mufkiteris, did gewe the rebellis, at thair willing oAvt, a woillie of fhoat. The rebellis boate, being moire fwift then the boats that Averre apoyntit to watche them that night, did ower rowe them; and the rebellis boatte being fum what on thight, althoghe werie fwift, thei were forcit to drawe to the narreft flioire thei culd cum att, and landit in the Oe of Ilia, where thair boate Aves fuink. The luiftenant fent prefentlie efter thame, in eAverie corner of the cuntrie, and caufit brek all the boattis of the Hie, fo as thei can not efhaipe. One the 3 of February, the luiftenant did hold ane juftice cowrt, where thaire were, of the rebellis that war taikin in the caftell of Dwnywege, fowrteine hengt. Angus Oge him felf, and Alafter M'Karlye, one of the ringlederis, and two meffengeris, that ar privie to all the rebellis proceid- ingis, ar to be fent to the counfell, thair to be examinit. I wnderftand by Angus that he hes not beine the firft dewyffer of this treaffoun. I leave to wryt any moire of this wntill a better tyme. Thair ar fex wha war aprehendit in the Hie and fort of Lochgwrme, to be execut one the fext of February. Thair ware fex of the rebellis that went owt of the caftell, one the boat aprehendit and execwtt. Thair is onlie, at the writ- ting heirof, foure of the name of Clandonald as yet. onaprehendit. Thair ar nyne or tenn of wther clannis, wha war thair affociats, as yet onapre hendit: Thei ar feprat, and the foure M'Donaldis ar be them felfs; and the reft of the wther claims ar ewerie ane be them felfis. Sence my cuming heir, I fand owt a number of images, whiche I hawe cauffit be bruntt. The religioun that the cuntrie pepill hes heir amongft them is Popifhe, for thair is newer a minifter in the wholle Hie, except wan poore THE MELROS PAPERS. 605 man, that the biffiop did leave heir. I wnderftand, be the luiftenant, that he hes iuft caus to complein of thos wha war commandit to affift him be the proclamatioun. Dwring the ferwice, thair is nether boat nor bark come frome Scot land with any fwrniffiing, nochtwithftanding of all deredionis that the counfell gave for the fame. This is the trewe accompt of all that hes as yet proceidit in his maiefties ferwice. Ar. Campbell. CCCXLIX—SIR OLIVER LAMBERT'S LETTER TO THE REBELS. That his maieftie ffiould dered his forces, his cannons, and his prowiffioun, at this tyme of the yeir, and put himfelf at fo gryt a charge, Avnto a place that is alredie in his fubiedioun, can not but be much doubtit by me ; and being loth to fpend any longer tyme in this, if that ye wryt be trew, I fend this my ferwant, both to reid your warrant, and to bring me a trew coppie thairof, wnder your hand, which I exped prefentlie, and the faif retwrne of this berar. Frome the Whit Forland, the 16 of December. Indorfed : " The copie of Sir Oliwer Lambertis fecund letter to the Rebellis." CCCL.— COPY OF GRAHAMES ALLEDGED INSTRUCTIONS. God Same the King. memorandum of the chanceleris derectioun to BE OBEYIT. First, To fpeir at the caiptanes of Dunywege, whome thei hawe to warrand them frome the forces of the kyng of Britanes power and all 606 THE MELROS PAPERS. thes nationes, wha ar chargit, not only to tak the caftell, bot to appre hend them whiter thei go. Secundlie, To defyr the faid caiptanes, in the counfellis name and myn, to rander yow the prifoneris and hous ; and yff thei be loth to twin with the hous, that yow mak ane of thair awin chofing, caiptane, till the kyngs will and counfell come till them. This, if thei do withowt any ferimonies, I promeis yow be word, that the counfell and I fall work at the kyngs hand, to forder any thing refonabill thei wald, and fall fend yow, or any wther, to court for that effed. Thridlie, If the faid caiptanes, or any of thair freindis, hes any peti tions to the king or counfell for , let them fend the fame with yow, and ye fall hawe ane anfwer back agane tharof ffiortlie, and the counfell fall do for them thairin. Fowrtlie, If thei hawe done any miforder, that thei wald hawe remif- fioun, or fufpentioun, or relaxatioun, bring with yow the informatioun, and thei falbe grantit, fwa that thei obey yow in owr name, quhilk we ar affurit thei will. Fyftlie, Let thame knaw quhat gryt expenffis the kyng was dryvin to be the feige of Kirkway, quhat gryt anger he conceawit for the fame, and how mercieles all was execut ; and if thei haid fwrthe till thei be bot chargit with the Lyoun, no remeid is for thame, and all the kinred in Scotland ; and if thair kin in lyrland gif thame bot cowntenence, thei falbe wterlie wrackit. Sextlie, If thei obey ws in your perfoune, we fall not onlie labour at his maiefties handis for thair pardoune, bot for thair poffeffiounis at the kingis hand, fwa that thei pay for the fame, as falbe modifiet, and fynd catioune for the fame. Sewintlie, If ye will bid my felf be catioun for them, wnder fiche con- THE MELROS PAPERS. 607 ditiounis, as I hawe ffiawin yow, I will not faill to do the fame, and will labor for them all that I may. Sa, wiffiing yow a hapie jomey. 17 November. This is the trew copie of the chancleris warrand, receawit frome George Grahame, that day I delywerit poffeffioun of this caftell to thame, in the kyngis behalf. Witnes of our handis, the 17 of December 1615. Angus Oge Macdonald. Coll Macgilespik. Indorfed " The Copie of Grahamis aledgit Inftrudionis." ADDITIONAL LETTEES. t/4 H ADDITIONAL LETTERS. CCCLL— LETTER, MR THOMAS HAMILTON, LORD ADVOCATE, TO THE LORD SECRETARY.* My lord, conforme to 30ur lordffiips letter, I haue gevin to Mr Adame, 30ur lordfhips anfuer to the queftionis, with Johne Knoxis appel lation, fa fone as Maifter Peter cummis to this towne, I fall get the Frenche difcipline fra him and delyuer it to Mr Adam. As to 30wr warrands for the bukes of the prefbiteries and feffion of St An drois, and of the feffion of Pittenweme, thay will be grantit; bot gif thay requyre fecrecie, I wald 3owr lordfhip cauffit wryte thame with ane vnknawn hand, and fend thame to me, and therefter I fall caufs fubfcryve thame, and fend thame bak to 30wr lordfhip ; alwayes 30wr lordffiip hes to confider gif it be expedient to kyth in over mony of thefe turnis whill the kirk of Edinburgh be provydit, whairin it is brutit that oure auld paf- touris hes ane refped to thair returning hame agane, and the king pro- feflis planelie as he utterit it in the affemblie, that he will haue it vther- * From the Balcarres Papers. 612* THE MELROS PAPERS. wayes. It fervis me to wairne 30wr lordffiip, for whan this is faid I fall do what 30wr lordffiip refolves to be beft. I have fend to the Clerk of Regifter for the ficht of the auld commif fion anent the vifitation and reformation of the Vniuerfitie of St An drois. I hope to get it with fik diligence as he vfis in extrading of all fie maters, and it fall not therefter mowle in my poutche, but fall be fend to 3owr lordfhip Avith haift. I vnderftand that his maieftie meanis that Maifter Dauid Blak fall be tranfplantit ; bot as to Maifter Robert Wallace, it appeiris be that his maiefties felf hes faid to me, that the bill is fow- lit, and aggreit, for efter that his maieftie had handlit him verie fchairp- lie in oppen affemblie, baith vpoune Satterday and Mononday left. Vpone Mononday, at evin, Maifter Robert came to his maiefties chalmer at ellevin houres at evin, grantand his great overficht, and declairand the fame to have proceidit. of the weftland woyaige whilk he maid with Maifter Robert Bruce at the triumphant vifitationis of the kirkis of that cuntrey, with thair mouftouris and wapinfehawings, and vpone ane vni uerfafl conclufion had amongis the maift zealous breathren to ftryve a qui mieux mieux fould invey againis the papift lordis and his hienes counfel- louris whom the breathren fufpedit to be the inbringeris and menteaneris of thaime in this cuntry. In end he promefit that heirefter whan he hard any fik reportis of his hienes" or counfall, he fould wryte to the kings mini fters thairanent, and conforme to the tryell and anfuer, fould proceid, and na vtherwayes : Whilk condicion feymis to be acceptit, with protefta- tion that his majeftie fould nocht mak him the war for ony thing he had fecretly difcouerit to him. Patrik Murray caufit his maieftie command me to forme his Inftrudions anent hisproceidings in his Northland journay ; I anfwerit I fould fend thame to 30wr lordffiip not for my awn fweirnes, bot that 30wr lordffiip fould not be mifknawn in 30wr office, nor weir owt of employment in 30Avr office. Gif I reffaue the minute of thame, I fall fie ane boy and haift thame to 30wr lordffiip. Tak ordour be 30wr letter to William Mauld, that gif any fik occafion fall furth herafter, he may fend 30WI' lordffiip bearars. 5owr freinds heir ar all weill and better nor 30wr felf. THE MELROS PAPERS. *613 It appeiris be my Lord Eglifchamis returning from Beruik, that ane fleand man will fecht agane, whilk appeirs alfo be owre brethir, the paf- tours of this towne. We ar now bufie to fatiffie the Inglis ambaffadour, and pay him in vther money nor be the delyuerie of oure wairdanis, whilk all men is ftokkit to refufe. Swa, having no farder occafion at this prefent, committis 30wr lordffiip with my gude lady (to whome I wifs lang lyfe with continuance of hir gude mynd) to the protedion of God. At Edin burgh, this 21 May 1597- gowr Lordfhips affurit to be commandit, Mr Th, Hamilton. Pofifcript. Gif my letters be heirefter confufit and fpurrit, I hope 30wr lordffiip will impute it to his maiefties prefence, and the feffion fitting. I haue reffauit this nicht at evin from Patrik Murray, the copie of the articles fet downe be the affemblie, as Inftrudions to the Commiffionaris appovntit for refoluing and abfoluing of the erles. I beleve 30wr lord fhip will not think it neceffar to mak ony farder mentioun thairof in Patrikis Inftrudions, bot generallie to dired him to concur with the Commiffionaris of the kirk to moue the erlis to fatiffie and obey thair articles. ^owr lordfhip will likways reffaue the copie of the band 3e formit to be fubfcryvit be the Erie of Huntlie and his cautionars. It is neidfull that it be renewit, and famekill thairof retranchit as is alreddie performit, omitting his removing furth of the cuntrey, his behaviour, incais of his removing, his keiping of wairde, and fik vther articles as ar all tane away be his fatiffadioun of the kirk. Alwayes 30WT lordffiip having confiderit 614* THE MELROS PAPERS. the kings articles minutit be Maifter Hercules, and the copie of the kirkis articles, 30wr lordfhip will confider how mekill will be expedient to be in- fert in the band aither generallie or particularlie. The kings articles ar pennit be Maifter Hercules, onlie to ferve for in formation : he begins in the third perfon to fpeik of the king, albeit the Inftrudions proceids of the king. 3owr lordfhip will keip the fubftance and corred the formalitie. In the article concerning the reconciliation of the feidis and grudgis, it feymis gude 30wr lordffiip dired Patrick to be principall Commiffionar for his maieftie, and he to inform the minif ters nominat be his maieftie in the laft affemblie to concur with Patrik according to the information to be gevin to the minifters be him of the kingis mynd thairanent. Reffaue the commiffion for vifitation of Collegis in anno 1578. The Clerk of Regifter fays 3e haue alreddie ane commiffioun laitlie grantit to 3owr felf. Efter advyfement, gif 30wr lordffiip will colled ane forme furth of baith the formes, with fik additions anent your inquifitioun, creatioun of 30wr procutour fifcall, and ficlyk heads, and fend it over to me, it fall be paft with 30wr vther warrands. I pray 30wr lordffiip fend bak Patrik Murrayis Inftrudionis als fone as they may be reddie. Iterum atque iterum vale. To my verie gude lord, my Lord Secretare. Indorfed, " My Lord Aduocat, anent the Erie of Huntlies diredions, Minifters, &c. Martij 21, 1597." THE MELROS PAPERS. *615 CCCLII.-INSTRUCTIONIS GEVIN BE HIS MAIESTIE TO PATRIK MURRAY, GENTELMAN OF HIS HIENES CHALMER, TO BE DONE AND PERFORM- ET BE HIM IN THE NORTH PAIRTIS OF THIS REALME, QUHAR HIS MAIESTIE HES PRESENTLIE DIRECTIT HIM, FOR ACCOMPLISING OF THE SERUICES VNDERWRITTEN.* 1. Inprimis, forfameikill as the generall affemblie of this realme, hes grantit commiffione to certane minifteris to abfolue the Erllis of Huntlie, Anguis, and Erroil, fra the fentence of excommunicatioun, the faidis Erllis firft fulfilland certane conditionis, inioynet to them be the faid af- femblei; quhilkis conditionis being maift reafonable, tending alutterlie to the glorie of God, and to the auaUcement of the trew religione, quharby ve of our princlie dewtie, hes maift fpeciall entres to fei the famin accompleiffet: Thairfoir 3e in owr name fall be prefent with the faidis Commiffionaris of the Generall Affemblie, at the dayis and places appoyntit, to the effed 3e may fei, and report again to vs fufficient docu ments anent the aduall fulfilling of the faidis conditionis in ewrie head and article therof, according as thay ar fet downe in the faid ad of the Generall Affemblie. 2. Secundlie, 3e fall prefent to ewrie ane of the faidis thrie erllis, the coppie of the generall band, and requyre them in our name to fubfcryue the fam, and to find fufficient cautioneris for ther obedience to vs, and for ther keiping of our pace and guid ordoure in the cuntrie be them felfis, ther kin, freindis, feruandis, and tenentis, &c. conforme to the faid generall band in all poyntis, ilk ane of the faidis erllis, vnder the paine of tuentie thoufand pund, as dyuers vtheris of our nobilitie of ther ranke, and vtheris cheifis of klanis hes done of befoir ; for the quhilk effed 3e fall refaue letters diredit be vs, and the Lordis of our Secret Counfell, to chairg the faidis erlis, and eurie ane of them, to fubfcryue the faid generall band, and to find fufficient caution for obferuing therof; quhilk band and obligatione, fua fubfcryuett be them and ther cautioneris, 3e fall * From the Balcarres Papers. 616* THE MELROS PAPERS. report againe to vs, to be regifterit in the buikis of our Secreit Counfall : And gif ther be ony dowt, that ony of the faid cautioneris is not refpon- fable, 36 fall aduerteis vs, and our counfall therof, that 3e may knaw our aduyce therin. 3. Thridlie, in refped of the fklander be my Ladie Huntlies plaine profeffione of papiftrei, 3e fall in our name, baith requyre hirfelf that fcho vill fuffer hir felf to be inftrudit in the trew religione, and to cum to the opine profeffione therof; as alfo, 3e fall requyr my lord hir hufband to daill vith hir erneftlie heirannent, that his lordfhip's hous may be klengeitt of all fklandrus fufpicione of papiftrie. 4. Fourtlie, forfameikle as be the folloAving of ewill counfall, dyuers trubbilis hes aryfin in that cuntrei; quhairin the faid Erie of Huntlie is in the place of ane ffiireff and magiftrat vnder vs, quhairby he hes maift- mifter of guid counfell for auancement of our feruice, and keiping of guid ordour in the cuntrie; quhairfoir 3e fall fchaw to the faid erle that it is our vill to appoynt to him, ane counfell of barronis of the beft af- fedit, and maift zelus in relligione, vith fum godlie minifteris to be adioynit vith them, quhois aduyce the faid erle fall fubget himfelf, to fol low in all vechtie affairis of the cuntrie, and concerning our publid feruice, according to the particular names of the faidis barronis and minifteris, quhairof ve haue gevin 30U ane feuerall tikett fubfcryuet vith our hand. 5. Fyftlie, for fameikle as our feruice is grytumlie henderit be the deadlie feadis among our fubietts, for reconfeiling quhairof ve fett downe ane generall ordour, to be followet out in all the pairtis of our realme, quhilk as zit hes tane na effed in the faid north pairtis, be reafone of the trubilis, albeit praifet be God vith our gryt paines and trauelis, the faid ordour hes produceit ane reafonable quyetnes, in all the remanent pairtis of our realme. Thairfoir ge in our name, as hawing our fpeciall power and commiffione to that effed, fall earneftlie deall to tak vpall the faidis feadis, betwix quhatfumewer our fubgetis in the faid north pairtis; in the quhilk THE MELROS PAPERS. *617 commiffione ve haue affociat vith 30W, Mr Dawid Cuninghame, Bifchop of Aberdeine, Mr Peiter Blakburne, Mr Robert Howie, Mr Johne Forbes, Mr Johne Strawquhan, Mr George Hay, minifteris, and Mr Dauid Reat, principall of the college, quhom ve haue commandit be thir prefentis, to affift 30W be ther trauelis and mediation in the faid guid vark, for appoynting and reconfeiling of the feadis betuix my Lord Huntlie and my Lord Forbes, the Laird of Drum, and yung Frindrach, and betuix the Erie of Erroll and the Laird of Ludquharne; betuix the Lairdis of Geicht and Benholme; betuix the Lairdis of Clunnie and Korfindaie; betuix the Laird of Boquhen and Villiam Stewart, and fik vther feadis quhairof 3e fall refeaue information in the cuntrie. And for the better accomplefing of the premis, 3e fall refaue and caws execut letteris, diredit be vs and the Lordis of our Secreit Counfall, to chairge all the faidis perfonis to fubfcryue affurancis, ilk ane to vther, in the commowne forme, the faidis affurancis to induir and left quhill the firft day of Apryll nixt to cum. CCCLIIL— THE REPORT OF THE MINISTERIS QUHA WER APPOINTIT TO INTREIT WITH THE ERLE OF HUNTLIE.' We, the minifteris of Angufs, Mernis, Aberdene, and Murray, appoyn- tit commiffioneris be the laft generall affemblie haldin at Perth for tryall of the Erie of Huntlyes obedience to the particular iniundiouns fet down be the fayd Affemblie, and imponit to his lordffiip, for declaratioun of his repentance for the offences committit be him, as thay ar mentionat in the faydis dirediouns, teftifie and declair that we hawe fund him obedient and willing to fatiffie in all humbill manner to continew and perfeueir in his earneft fuit for reconciliatioun of the kirk, and eftir lang conference and ryip aduyifement to haue confentit to the fulfilling of the faydis hail conditiouns, quhairof the particulair anfueris followis. * From the Balcarres Papers. M t4 1 618* THE MELROS PAPERS. 1 . The firft is obeyit, for his lordffiip compeirit at Aberdene the xxij of Marche appoyntit, and thair abaid awaiting dodrine and conference to the haill commiffioneris appoyntit were fatiffeit with his refolutioun. 2. The brethren appoyntit to deall with him brocht his lordffiip, eftir reffoning ane conuenient fpace, to allow all the weritie in the hail groundis of refolutioun affirmatiue refoluit his doutis be the word of God, and mowit his lordfhip with knawlege to refuis and deteifl all heidis of papiftrie contrair to the fame. 3. He acknawleges the reformit kirk of Scotland to be the trew kirk ; he is content to declair his coniundioun to the kirk of Scotland, in the worde, facramentis, and difcipline, as they ar authorized be his maieftie and eftaitis prefentlie in fik manner as the kirk fall think maift expedient. 4. He is reddie to fueir and fubfcrywe the confeffioun of faith in pre fence of the haill commiffioneris, fa fone as thay fall cum abak with power to pronunce his abfolutioun. 5. In fignificatioun of his obedience to this article, he hes declairit to the haill commiffioneris, that fen he enterit in dealling with the kirk he neuir intercommonit, be word or writ, with ony Jefuit preift or excommu- nicat papifl, except fa mony as ar vnder conference with the kirk, and is content to byid therat in all tymes cumming, ficlyik he fall bands out of his cumpanie and haill boundis in the quhilkis nane fall hawe reffait that ar profeffit enemies to the religioun be his knawlege, and fall giwe his writtin band as the article prefcrywis, except fa mony excommunicat pa- piftis as the kirk fall guve licence to deall with. 6. He is content now or heirafter to fatiffie for his apoflafie in the place appoyntit at the difcretioun of the faydis commiffioneris. 7. He declairit his wnfein3eit greiff for committing of the flauchter of the erle of Murray, and will fatiffie the pairtie be the fycht of the kingis maieftie, of the kirk, or of godlie and indifferent freindis: will mak offeris to that effed, lyik as he hes gevin ane blank to his maieftie to be filled vp with particulair affyithment. 8. He promifis now or heirafter to craue of God mercy for the faid flauchter, quhen, quhair, and how, the kirkes commiffioneris foirfaydis fall appoynt. THE MELROS PAPERS. *619 9. At the defyir of the faydis commiffioneris he prefentlie remittis all rancour and malice confauit be him for any occafioun or deid offerit to him be the cuntrey men in the kingis feruice, and promittis vpon his fidelitie newir to quarrell ony for the fame within thefe boundis, and fpe ciallie none of the miniftrie, ether north or fouth. 10. He aggreis that thir prefent commiffioneris, or fa mony of the haill thre prouinces as fall be meitteft for the wark, with the lairdis of Pitlurg, Clunie, * fall fet downe ane ordour for prouifioun of his kirkis, quhilk he promifes to execute immediatelie eftir his abfolucioun. 11. Be the aduyce of the faydis commiffioneris he promittis to tak ane minifter, and to entertein him in his awin houfe. 12. He confeffis that be his publid offences he gawe fufficient matter to the kirk to haue deducit the fentence of excommunicatioun againis him. [Indorfed] " Copie of the Articles fubfcryveit be the Erie of Huntlie, 1596." cccliv.—lord binning to the king.f Most Sacred Souerane, What wes proceided in the Nation all Counfall kept be your maiefties permiffion the laft oulk in this towne was fignified be my letters of the 18, no mater of moment then retting to be concluded, bot the Mar- queis of Huntlies abfolution, who cumming to this towne vpon Tyfday at night as wes appoynted, yefterday the two Archibifchoppis, the Bifchop of Brechin, your maiefties deputie thefaurar, the laird of Cors, and I, went to the Marqueis his ludgeing, and eftir two or thrie houres confer ence, agried vpon the maner of his abfolution; and meiting in the after none in publid affemblie, that mater being proponed and modeftlie rea- • Sic in MS. t This letter, and the remaining ones, are from papers relative to Church affairs, MS. 620* THE MELROS PAPERS. foned be fum of the precifeft fort, the Archibifchop of Santandrois replyed fo wyfelie, and made fo tymelie vfe of fum claufes of your maiefties let ter from Nottinghame, which be gude fortune came to his handis that fame day, that in end the abfolution wes concluded, and the marqueis com- peirand, and granting his bypaft offence, promeifing conftant perfeuerance in the trew religion, which he thair acknowledged, and fubfcryved pub- liklie the articles thairof, exhibited to him in prefence of all the affemblie, he wes abfolued, to the exceiding great joy of all that wer prefent. This is one of the workis of your maiefties moft excellent wifdome, whairfra all men exped gude helpis, to the peace of the eftate and churche of this kingdome. All your maiefties vther diredions, being moft juft, rea fonable, and proffitable for the cuntrie, Aver allowed with fuch humilitie, hairtineffe,thankefgeA'ingandprayertoGodforyourmaiefliespreferuation, and long and happie raigne, as your maiefties caire of the vniuerfafl good of the kingdome does obleis all faithfull fubiedisfincerelieto wiffi. Many haue approuen thamefelues duetiful in this feruice; bot I owe particular tefti monie to the Erie of Montrois his affedioun, and to his graue and honor able behauiour; and to the Archibifchop of Santandrois his modeftie, patience, wifdome, and trauellis, whairby he fo conteaned the whole num ber within the boundis of duetie and obedience, as did greatlie facilitat the good fucceffe of the buffines. So, wiffiing the lyke in all your ma iefties intentions and diredions, and that God may be gratiouflie pleafed long to bliffe ws with the continouance of your wyfe, jufle and gracious raigne, I reft Your moft facred Maiefties moft humblie, faithfull, and bund feruand, Aberdene, 22 Aug. [16 16?] Binning. THE MELROS PAPERS. *62l CCCLY— LORD BINNING TO THE KING. Most Sacred Souerane, I thoght no meane fo fit to mak your maiefties gude pleafour and expres command to your counfall and principall officers to haid hand to the approbation of the approcheing Generall Affemblie of thefe articles proponed to your maieftie, being in this cuntrie in churche maters knowne to the counfall as be publid reading of your maiefties letter in counfall, which thay all acknouledged fo wyfe and juft, as thay with hairtie con fent all promeifed to aduance it to thair vttermoft, and not onlie to with draw thair fauour and countenance from any who fould oppofe thame felfis, bot alfo to concur with the prelats in the puniffiment of fuch as thay fould find wourthie of cenfure, which I am perfuaded thay will due- lie performe. Vpon the firft of this moneth we convened, to giue beginning to the commiffion for plantation of the churches; bot the moft pairt of the com miffionaris being abfent, we wer forced to continow the dyet to the fe vint, and direded fummar chairges of horning agains thefe who wer ab fent, and not lawfullie excufed ; bot thay ar fince cum to this towne in fufficient number to keip the day appoynted, and as thay fall proceid, your maieftie fall be aduerteifed. The commiffionars of the rentis haue had before thame the vnder ref- fauers of the cuftumes at the feuerall portis of this kingdome, and haue appoynted thame to vplift the cuftumes to your maiefties vfe, intending to mak feuerall takkis thairof, if thay fall heirefter find refponfall pairties who will offer profittable conditions for thame to your maieftie; and be caus none can be tryed to mak any gude offer for the impoft, thay ar in hope to get thame fo exadlie vplifted, as your maieftie fall haue the full commoditie thairof, with leffe loffe this year, nor if thay fould haue yeild- ed to ane tak, with diminution of your maiefties accuftumed rental thairof 622* THE MELROS PAPERS. The bourrowes have fent thair commiffionars to this towne to confult vpon the motion of tranfport of our natiue commodities in cuntrie bot- tomes, with prohibition to ftrangers fo long as thair is any of oure owne fchippis to ferue : thay ar to exhibit thair ouuertures thairanent the next oulk, which fall be fent to your maieftie with diligence. The Generall Affemblie is proclamed to be kept at Santandrois the 25 of this moneth, whairin wiffiing your maieftie contentment, and per fyte happines in all your vther royall diffeins and affaires, I reft Your moft facred Maiefties moft humble, faithfull, and bund feruant, Binning. Edinburgh, 7 Nouember [1617?] To the Kingis moft facred Maieftie. ccclvi letter, lord binning to the king. Most Sacred Souerane, My former letters told that the Archibifchop of Santandrois, his going to Fyffe, for preparation of the Generall Affemblie, had difcon- tinowed oure proceiding in the commiffion for plantation of churches, whill the firft of December ; befydes the appeirance that the Seffion fould be interrupted during the Affemblie, in refped of that number of ordi nar feffionars, which is appoynted to affift your maiefties commiffionar at that meiting. The counfall, obeying your maiefties diredion, wrait fyftene dayes ago to all thefe of your Counfal 1 or Seffion, whom your maieftie ordaned to be at the affemblie ; and in particular to the erle of Montrois, defigned Commiffionar be your maieftie, to keip the prefixed tyme. THE MELROS PAPERS. *623 This day my lord Chancelar reffaued ane letter from him, bearing, that, albeit he be moft willing to ferue your maieftie in all that can be inioyned to him, yet his indifpofition is fo great as he can not be able to trauell, nor ferue at this tyme in that chairge ; which, being communicat be my lord Chancelar to the Erie of Mar, and fum vthers of your maiefties councell, we prefentlie wrait to him earniftlie defyring that, all excufes fet afyde, he fould accept and difchairge that commiffion, which your maieftie had trufted to him ; and with the lyke diligence, wrait to my lord of Santandrois of the Erie of Montrois his excufe, and of oure defyre to know his opinion, what was fitteft to be done for your maiefties fatiffac tion, and performance of your maiefties intentions, whoes fpeidie anfuer we exped; and what fall be refolued and done heirintill fall with all con venient celeritie be fignified to your maieftie. So, prayeing God long to profper and preferue your maieftie in all wiffied contentment, I reft Your moft facred Maiefties moft humble, faithfull, and bund fubied and feruant, Binning. Edinburgh, 20 of Nouember, at night, [1617?] To the Kingis moft facred Maieftie. CCCLVII.— LETTER, LORD BINNING TO THE KING. Most Sacred Souerane, In the affemblie now diffolued, nothing wes proponed bot the articles fent be your maieftie. Ane great pairt of the minifters wer fo wilfullie inclyned to haue the haill differred at this tyme, to the effed thay might haue laifer and opportunitie, be reiding the fathers and coun- 624* THE MELROS PAPERS. fals, to refolue, if with gude confcience, and without fcandall of incon- flancie to the kirk and thamefelfis, thay might yeild to the alterations and nouelties which thay imagined the articles to imply, that it wes verie difncill to my lordis of Santandrois, Glafgo, and remanent bifchops, af fifted be the wyfeft and learnedeft of the miniftrie and your maiefties commiffioners, to induce the difordered multitude and thair leiders, to determine vpon any particular, and fo being driven to the extremitie aither to diflblue the affemblie without any maner of progres, and with manifefl diffenfion, or to mak vfe of the beft expedient the tyme could produce in the determination of fum of the articles, all the beft affeded to your maiefties feruice thoght it expedient to accept Avhat wifdome and authoritie could gayne at this tyme, and leive the reft vnder hope and promeis of fatiffadion at the next, affemblie ; and fo the article of geuing the communion to the impotent and dangerouflie feik in thair privat houfes, and deliuerie of the elements owt of the minifters handis to the people at the publid celebration, being obteaned in fuch maner as the formed articles to be fent to your maieftie, be my lord of Santandrois beares. When the article of the holie dayes wes of new vrged, the de fyre of delay Aves fo vniuerfafl in that and the reft of the propofitions, that the bifchops Aver forced, for feare of ane dired refufall, to yeild to the continuation, vpon promeis maid be the moft pairt of the pretended precifians, that thay Avald vfe all poffible endeuors to prepaire thame felfis, Avith confent of thair well informed flokis, to giue your maieftie fatiffac tion at the nixt affemblie. My lord of Santandrois' feare of your maiefties offence be delay of your fo juft and godlie defynes, maid him fo paffionatlie inftant, as he could fcaircelie be induced be any perfuafion to accept, any dowtfull or delatorie anfuer, and moued him to threaten thame with your maiefties refolution to ordane be adis and penall pro clamations aganis the contravenars, to haue all thefe articles vndelayed- lie obeyed, fchaAving to thame how difgracefull it wald be to the Kirk of Scotland, in the jugement of all the reformed churches in Europe, that our ignorant and obftinat refufall of fo godlie and laufull propofi tions, fould force your maieftie, be your Chriftian authoritie, to compell thame to do that which thair duetie fould haue moued thame to embrace, THE MELROS PAPERS. *625 with thankfull acknouledgement of your maiefties caire to haue the abufes of oure churche difcipline reformed, and rightlie conformed to the vniuerfafl order of all the reft of the true Chriftian Churches in Europe ; bot the reft thinking the delay, with affured hope of fatiffadion, les hurt- full nor ane abrupt and contradidorie diffolution, which we all moft humblie wiffi that your maieftie may graciouflie allow, fince we ar confi- dentlie perfuaded that the nixt meiting fall giue your maieftie content ment, fpeciallie if your maieftie grace the nixt affemblie with commif- fionars of greater fufficiencie and authoritie; albeit I may affirme and hope the bifchops will teftifie that thefe who wer at this tyme imployed wanted no gude will to giue thair beft concurrence. So, wiffiing to your maieftie manie happie yeires, that we may enioy the conftant frutes of your moft prudent and gracious regne, I reft Your , moft facred Maiefties moft humble, faithfull, and obedient fubied and feruant, Binning. Santandrois, 28th Nouemb. at night [1617?] CCCLVIII.—LORD BINNING TO THE KING. Most Sacred Souerane, This day certification is granted be the counfell aganis the Erie of Argyle, and he ordaned to be denunced and repute as ane traitour for not compeirance. The commiffioners for the bourrowes and fchipmaifters haue bene be fore the counfell, and their controuerfie, for exportation and importation of merchandice in cuntrie bottomes, is to be determined before they go from this towne. f4 k 626* THE MELROS PAPERS. I fignified to the counfell your maiefties pleafour anent their repairing to fermon vpon the Soundayes, to your maiefties chapeU of Halyrudhows, which they ar willing to do, and wald haue done alreddie, if the Bifchop of Gallowayes heavie feiknes had not hindered him to preache this tyme bygane. He promeifis to aduerteis the counfell when his recouerie fall inable him to preache, and they to refort to it as your maieftie hes com manded. All other diredions fignified be me to the counfell be your maiefties commandement ar obeyed. So, prayeing God to eftabliffi the perfyte happines of your faithfull fubiedis heir, be the wiffied lenth and num ber of your maiefties moft profperous yeires, in health and contentment, I reft Your moft facred Maiefties moft humble, faithfull, and obleiffed fubied and feruant, Binning. Edinburgh, 4th Feb. [1618 ?] To the Kingis moft facred Maieftie. CCCLIX— LORD BINNING TO THE KING. Most Sacred Souerane, At oure cumming to this towne, finding that the moft precife and wilfull Puritanes wer chofin commiffionars be manie of the prefbiteries, fpeciallie of Lowthian and Fyfe, I wes extreamlie doubtfull of the fucces of your majefties religious and juft defires. At the privat melting of your maiefties commiffionars and the bifchops, my Lord of Santandrois denied not the apparent difficultie, bot declaired that, being hopefull, that the happines which alwayes accumpanied the juftice of your royall diffeins THE MELROS PAPERS. *627 wald not faile in this adion, he thoght the vidorie wold be more perfyte, and the obedience more hairtie, when the Puritanes fould fie the articles concluded in the prefence of thair greateft patrons, thair opinions being confuted be liuelie reafons and vndeniable trueth. The fermon before the Affembly wes maid be the Bifchop of Aberden, who, with great dexteritie, proponed the weght of the pourpofes to be entreated, and the neceffitie of confideration, that the bodie of the Church being affembled be your royall diredion for treating of articles proponed be your maieftie, firft to ane number of the principall minifters at Santandrois, and thairefter in the Affemblie at Santandrois, your maieftie had confaued great offence for the delayes then vfed ; and being perfuaded in your excellent wifdome and confcience, that the articles wer juft and godlie, and onlie fchifted becaus thay wer proponed be your maieftie, be fuch as had gloried to be oppofite to your facred defires, it wes to be feared, if, at this tyme, your maieftie fould not reffaue fatiffac tion, your wraith might be fo kindled, as the Church, loufing your wounted fatherlie fauour, thay might feill the heavie preiudice of that confequence. And thairfore exhorted thame, in humilitie, zeale, and Chriftian loue, to difpofe thamefelues to proceid wifelie, and with all due refped to your maieftie. At the meiting of the Affemblie, the Archibiffiop of Santandrois made the exhortation, and be ane moft godlie and wife difcours, remembred the auditouris of your maiefties infinit benefites to the Churche, your wifdome in thair diredion for the keiping of puritie, and fuppreffing poperie; your patrocinie of the good, mercie to offenders of thair pro- feffion, caire for prouifion of mentenance to parlours, and learning and zeale in defence of the true Religion be your moft famous workes pub- liffied aganis the aduerfars, which had incenfed the Papifts to think your maieftie the onlie lat of thair prevailing ; and for that onlie querrel, to feik, by treacherous meanes, the trouble of your eftate, and deftrud'ion of your facred perfon : and the true profeffours throw all Europe to honour your maieftie as the protedour of all the Reformed Churches, and to acknowledge your maieftie the vmpire, and moft competent and beft qualified juge of all controuerfies arrifing amongis thame. Exhorting, 628* THE MELROS PAPERS. thairfore, eurie one to confider and acknouledge how juftlie thay wer bund to expreffe thair loyall refped and true obedience to your maieftie, by yeilding to your laufull defires in the articles proponed. The exhortation ended, he called the commiffionars, and nominated thefe for the conference. Sum proponed that ane moderator might be chofin, whom he filenced, becaus he wald not fuffer the privilege of his place to be queftioned: And thairefter rehearfing what had been done in the Affemblie at Santandrois, and wittelie taking it pro confeffo that all the articles wer in fubftance allowed thair, except that of kneeling at the communion, proponed that to be difputed. Great inftance wes maid, that, the mater being of fo heigh confequence, might be entreated in the publid Affemblie, bot the contrare wes ordaned. Difficultie wes maid anent the conception of the wourds of the queftion, and the oppoffites vrged that reafons might be geuin why the article wes neceffar. It wes anfuered and concluded, that the articles cumming from your maieftie fould be allowed, vnles thay could proue it wer vnlaufull. So Maifter William Scot of Couper, being commanded to fpeak, opponed aganis the article with modeftie, and proteftation that he wold be vnwilling to adduce reafons to impugne ane propofitioun cumming from your maieftie; and thairefter, proceiding to his arguments, wes fecunded be Maifter John Carmichell, with more vehemencie and wilfulnes. They alledged that the ordour prefentlie obferued in this cuntrie being agreable to the wourd, and Chryftes inftitution, and thay fworne at thair admiffion to the miniftrie to obferue the true religion and difcipline reffaued in this Church, thay could not with faif confcience alter it: which being cenfured, thay came to the fubftance of the queftion, anent the maner of reffauing, and fpent the reft of that day, and ane part of the nixt, in difputation vpon that fubied. Nothing being omitted be the aduerfars, which thair owne inuentions, or the writings of thefe who allow thair opinion, could fuggeft; which being wifelie and leamedlie refuted be my Lord of Glafgo, whom Dodour Lindfay of Dundie, and Dodour Philp of Arbroth, Dodour Bruce, and fum vthers of the beft and moft learned, did affift, with manie evident and pithie reafons, the article wes ordaned to be voted in the conference, and in end allowed be fo great oddis of voices, as THE MELROS PAPERS. *629 gaue wonderfull contentment to all the well affeded; yet the number of the vulgar minifters having vote in the publid Affemblie being verie great, oure dowt relied what the euent might be, of that which depended vpon the opinions of ane multitude of ignorant or preoccupied people. For remeid whairof, my Lord of Santandrois, who, in diredion, difputa- tion, and all vther circumftances of this adion, expreffed great wifdome, learning, and autoritie, well befeiming his place, delayed the voting the fecund day, that he and his brethren might haue fum tyme to difpofe thingis to ane wiffied end. This day the bifchop of Galloway maid ane verie pertinent fermon, to perfuade the brethren to peace and edification. Thairefter, the Affemblie convening, new difturbances wer caffin in to reinuerfe all that wes done in the conference, and bring it of new to difputation, fo as my lord of Santandrois wes forced to permit all the articles to be of new reafoned; and if he had not be very graue autoritie reduced thair difcourfes to fuc- cind and formell reafoning, it had bene impoffible to bring maters to any conclufion. Sum oppofitions maid yifterday wer this day repeated, and litle of any fubftance added be fuch as wer not of the conference, all which wes judiciouflie and perfpicuouflie refuted be my lords of Sant androis and Glafgo, and dodours Lindfay and Philp, whoes faithfull and proffitable endeuours merites your maiefties gracious remembrance. If complaint be maid be maifter John Carmichell, that I wold not fuffer him to enlairge his difcours of the ancient controuerfie, betwix the eaft- erne and wefteme church, anent the precife day of Chryftes birth, I muft haue recours to your maiefties mercie. In end, my lord of Santandrois, cutting fchort thair affedat fchiftis, whairby thay intended aither to difapoint the mater, or to perfuade the Af femblie to remit it to ane vther meiting, he ordaned this propofition onlie to be voted, whether the Affemblie wald obey your maieftie, in admit ting the articles proponed be your maieftie, or refufe thame. Sum in filled to haue thame feuerallie voted, bot both he and the deane of Win chefter (whofe diligence, difcretion, counfall, and gude affiftance in this feruice, hes bene faithfull and verie commendable) declaired that your maieftie wald reffaue none, if all wer not granted ; and fo being put to 630* THE MELROS PAPERS. voting in thefe termes, fourefcoir and fex allowed the articles, fourtie and one refufed thame, and three wer non liquet. My Lord of Scone antiquum, obtinet, and will neuer aberrare a via regia. My Lord Carnegie, the thefaurar depute, aduocat, Kilfyth, and Sir Andro Car, have done that faithfull dewtie which became thame. The Erie of Louthian, the Lords Sanquhar, Vchiltrie, and Boyd, did lykwayes attend, with ane gude number of honorable and well affeded barons; bot the prayfe of the fucces being onlie due to the wifdome of your maiefties diredions, the wourthieft inftruments have bene the two archibifchops and the bifchops of Galloway and Aberdene, and remanent of thair eftate, of whom none wer negligent or remiffe, bot profeffedlie refolued in the aduancement of the adion. Many minifters kythed verie dewtifull both in reafoning and voting; but all thefe particulars I muft remit to the deane of Winchefter's relation ; onlie affuring your maieftie, that albeit the contention was vehement, both in the conference and pub lid affemblie, yet efter thay wer voted, thair appeired great content ment in many gude mens faces, for the happie and peaceable approbation of your maiefties articles. If your continouall caire of the good of this cuntre and churche moue your royall mynd to intend heirefter any church maters of fuch confequence, I befeech your maieftie, for the good of your owne feruice, to employ ane more fit commiffioner in my place, who am als vnfkilfull in thir fubiedis as I am vngratious to the oppofites. So, thanking God for the bliffed end of thir affaires, and praying him that your maieftie may long hue and happelie prevaile in all your royall inter- pryfes, I reft Your Maiefties moft humble, faithfull, and bund feruant, Binning. Santiohnfton, the 27th of Auguft, at night, 1618. To the Kingis moft facred Maieftie. THE MELROS PAPERS. *631 CCCLX.— LORD BINNING TO THE KING. Most Sacred Souerane, Your maiefties counfell in Scotland hes exped and fent hether the commiffion for treating with thefe of the Lowe Cuntries, anent the fifchingis, together with information of the iniurie and preiudice fuf- teaned be the whole kingdome, be the encreafe of their daylie vfurpation in your maiefties feas, and of manie wrongis done vpon land in Orknay and Zetland to diuers your maiefties fubieds ; bot becaus the complaints ar generall, I haue writtin to caufe fpecifie the particulars, and the meanes of probation of the fame. The note of the counfels proceidings fent heirwith will teftifie to your maieftie their exad diligence in all that does concerne this treatie, and in the execution of your royall commandements aganis the erle of Argyle. The Vicount Fentoun will mak knowne to your maieftie the eftate of his efcheat and lyfrent, which is in his brothers perfon. Now, fince the prefence of the commiffionars for the Lowe Cuntries is liklie to giue beginning to the treatie, I moft humblie befeik your ma ieftie to let the commiffioners for oure cuntrie know the groundis which your maieftie will command ws to keip, and the poyntis we may vrge, which we fall ftryue to obferue with all fidelitie and caire. The Mar quis of Hamilton, whom your maieftie hes appoynted to be of that num ber, being particularlie informed be your maieftie of your pleafour in the premiffis, will be witnes of oure endeuours in the profecution thairof. So, wiffiing that God may continow his grace and fauour in this and all your maiefties affaires, and prorogat your health, lyfe, and contentment manie happie yeiris, I reft Your moft facred Maiefties moft humble and faithfull fubied and feruant, Binning, 632* THE MELROS PAPERS. [Pq/lfcript.] Pleafe your maieftie, when I wes doling this letter, I receiued from the Archibifchop of Santandrois ane letter aduerteifing that, vpon infor mation of fum difobedience liklie to kythe in fum minifters aganis the adis of the laft Affemblie, he had tryfted the bifchoppis to meit him at Edinburgh, whair they have ordaned the copies of the laft adis to be fent to the prefbiteries, with expreffe command to them to obey them. They earniftlie defire that your maieftie may be pleafed to fend ex preffe command by letter to Mr Alexr Gibfon not to giue owt letters to any minifter vpon the late modifications appoynted be the Commiffioners of parlement, vnles the minifters produce their Bifchops teftimoniall of their conformitie to the adis of the late Affemblie, which diredion re- quyres great haift. Whythall, 28 Nouember, [1618?] To the Kingis moft Sacred Maieftie, CCCLXI.— LORD BINNING TO THE KING. Most Sacred Souerane, I know your maieftie will exped from me true and timelie rela tion of the obferuation of Eafter day in this towne. The accompt of the performance of your maiefties diredions, conteaned in my laft, fent to James Douglas, to be fchowne to your maieftie, told, that the privie counfallours abfent, whoes dwellingis wer neir this towne, wer, be my lord Chancelars letters, defired to cum and accumpanie the nomber prefent, who wer to communicat heir according to your maiefties commandement. The Erles of Mar, Winton, Louthian, Lordis Fleiming and Bukcleuch, THE MELROS PAPERS. *633 came ; the reft wrait thair true excufes of aige or feiknes. Vpon Setter- day, I defired the lordis of feffion to convene vpon Eafter day at my lord Chancelars ludgeing, that all the nomber might accumpanie his lord fhip to church. The lyke wairning was fent to the privie Counfellours being in towne, who did as they wer defired. Maifter Andro Ramfay made the fermon of preparation, and vfed verie good reafons to perfuade the people that, with fafe confcience, they might, and in Chriftian duetie they wer bund, to obey that which was ordaned be the Affemblie, and commanded be your maieftie ; he having done the fame vpon Good Fry- day. Maifter Patrik Galloway preached vpon Eafter day, who omitted no good meanes to inftrud the people of the lawfulnes of the ordour prefcryyed, and neceffitie of their obedience and conformitie ; and thair efter going to the celebration, the nobilmen, counfellours, and feffioners, going to the firft table, all vpon their knees, maifters Galloway and Ram fay did firft receive kneeling, and thairefter miniftred to the honorable perfons being at table, geuing the bread and wyne to euerie one with their owne handis, with the recommendation and fubftance of the holie facrament, fo zealouflie as moued the people to receiue with great hu militie and deuotion; whoes exemple wes fo uniform ellie followed be the whole congregation prefent, that neither man nor woman, during the fpace of almoft foure houris, offered to receiue fitting vpon the furmes, except one onelie baffe fellow ; and I am perfuaded that all that did fie that holie adion, or participat of it, depairted fo well edified that, in their confcience, they regrait that this godlie and deuote order wes not foner inflituted, and that in all their lyfe, they will neuer willinglie receiue in any other maner. Sum who wer in the Colledge Churche haue told me, that the lyke order wes obferued their be maifter Williame Struthers and maifter Thomas Sydferf, with the lyke conformitie and content ment. It is true that many of the citizens of this towne, fpeciallie of the women, wer abfent at other churches, bot the magiftrats prefent gaue verie good exemple to the reft. This good and peaceable beginning per- fuadis wyfe men, that it will not be in the power of fum obftinat puri tanes any longer to diuert any good Chriftians from embraceing this godlie and reuerend inftitution. Of thir maters, and of the behauiour of f4L 634* THE MELROS PAPERS. the people in the reft of the cuntrie, your maieftie will heare farder from the Bifchops, who ar attending their chairges in their feuerall diocefes ; and if the minifters do their dueties, according to the good exemple be gun in Edinburgh, I hope your maieftie fall haue no neceffitie to vfe au thoritie or rigour, bot that God, who hes bleffed all your maiefties godlie refolutions and juft commandements, fall bring this holie diffein to ane peaceable and wiffied perfedion, and continow to ws the bleffingis which, be your maiefties wyfe and religious gouernement, we haue enioyed, in more accomphffied and conftant meafure, nor any nation on earth, fo long as He fall preferue your maiefties health and lyfe, which I earniftlie pray may be to the longeft periode granted to any mortall man, as Your Maiefties moft faithfull, obedient, and bund feruant and fubied, Binning. Edinburgh, 29 Merche, [1617?] To the Kingis moft facred Maieftie. CCCLXIL— LORD BINNING TO THE KING. Most Sacred Souerane, I yifternight, late, receiued ane letter from the Archibifchop of Santandrois, fignifieing that he had before writtin to the Deane of Win chefter, to informe your maieftie of his opinion anent the fermons to be made at this approching Chriftmas, in the churches of Edinburgh ; and that knowing fenfyne that the deane wes not at court, and fo fearing that your maieftie fould not in dew tyme be aduerteifed of his humble opinion, he hes willed me to fignifie to your maieftie that the miniftrie of Edin- THE MELROS PAPERS. *635 burgh wer earnift with him to preache that day in Edinburgh, which he had refufed, and had willed them to preache in all the churches of the towne that day, knowing manie of the cuntrie to depend vpon their ex emple : And thairfore, if your maieftie intend that courfe, he earniftlie defires your maieftie to fend letters to them, with all goodlie diligence, declairing to them your exprefs pleafour thairanent. He wrytis that thofe minifters ftill infift with him to fill the place for this tyme, and that Maifter Patrick Galloway, whom he findis beft mynd- ed, promifes that from that tyme furth they will tak ordour to obey the adis ; and if your maieftie think good that he grant their defire, vpon your maiefties fpeedie aduerteifment, he fall returne to Edinburgh, and giue the people the ,beft fatiffaction he can that day, becaus he wifhes all thingis to be done calmelie, forefeing that if they faile to keip the day by their fermons on it, others will be the more animated to difobey ; and thairfore thinkis, if his fupplieing the place at this tyme, may induce them heirefter to conformitie, it fall not be the worft courfe, bot that he hes not yeilded to them as yet, fufpending his refolution till he know your maiefties determination, being reddie to do that office, if fo your maieftie allow : And if your maieftie will have the minifters themfelfis to preache, he thinkis it expedient that your maieftie fignifie your pleafour be your owne letter as from your felf, declairing that your maieftie will not be content to haue one church ferued, except they be all ; and if your maieftie allow him to put af this tyme, vpon the hopes they giue him of future conformitie, he fall willinglie do it ; humblie craiving that your maiefties pleafour may be fpeidilie fignified. So, praying God to bliffe your maieftie with long lyfe, health, and all wiffied profperities, I reft Your Maiefties moft humble, faithful, and obedient fubied and feruant, Binning. Whythall, 8th Dec. [1618?] To the Kingis moft facred Maieftie. 636* THE MELROS PAPERS. CCCLXIII.— LORD BINNING TO THE KING. Most Sacred Souerane, I haue, according to your maiefties diredion, tryed the behauiour of the magiftrates of Edinburgh at Chriftmas laft ; and learned that the proueft, bailies, and counfell, convoyed my lord chancelar to the Hie Church, and wer all prefent at fermon, fo as thair wes no default for want of their good exemple. The Archibifchop of Santandrois affures me that he hes written to your maieftie of all that he hes tryed concerning the dewtie or vndewti- fulnes of minifters and others, anent the obferuation or violation of that holie day, and hes confirmed the trueth of all that I fpak to your maieftie of Maifter Patrik Galloway and Maifter William Struthers faithfull and frank proceiding at that tyme. Of your maiefties diredions concerning the Erie of Argyle, and other particulars, I fall giue accompt efter the nixt counfell day. Maifter Thomas Knox, fone to the Bifchop of the lies, is to informe your maieftie of the prefent eftate of the lies, whairby your maieftie will, in your moft excellent wifdome, judge what to dired for the perfyte fet ling of order and obedience in thofe barbarous pairtis. I haue knowne his father and himfelf fo faithfull in your maiefties feruice, as I am con fident your maieftie may beleue the trueth of his report and finceritie of his good intentions. So, hairtelie befeeching God to bliffe your maieftie with long lyfe, perfyte health, and conftant profperitie, I reft Your moft facred -Maiefties moft humble, faithfull, and obedient fubied and feruant, Binning. Edinburgh, penult of Januar, 1619- To the Kingis moft facred Maieftie. THE MELROS PAPERS. *637 ccclxiv.—earl of melros to the king. Most Sacred Souerane, The neceffitie of my obedience to your royall commandement forces me to giue your maieftie an accompt of the order obferued in this towne at Eafter, not fo gracious as I wiffied. The minifters haue all done there dutie. Maifter Andro Ramfay preached vpon Good Fryday, vpon the firft Epiftle of Saint Peter, 2 chept. 24 verfe. Maifter John Guthrie, on Setterday, vpon the fixt verfe of the 26 pfalme, and Maifter Patrik Galloway, vpon Eafter, his text being the 23, 24, 25, and 26 verfes of the 1 1 chep. of the firft to the Corinthians ; all of them verie worthelie, according to the time and holie fubieds wherof they had to entreat. The nomber of communicants wes fmall ; no ftrangers, few of the townes people of good fort. The greateft part receiued kneeling, fol lowing the exemple giuen by the minifters, and by your maiefties thefaurar deput, aduocat, and me. Maifter Patrik difcreitlie moued fome to kneel who offered to haue done otherwayes, but findrie of the bafe fort, and fome wemen, not of the beft, did fit. In the Colledge Church I heare by them whom I caufed attend, that the nomber of com municants far exceiding that of the Hie Church, verie few of them kneeled. Maifter William Struthers, who preached vpon Eafter day, vpon the 25 verfe of the 1 1 chept. of the firft to the Corinthians, and Mr John Max well, who affifted him in the celebration, receiued vpon there knees, but verie few did imitate them. It is neither the bifchops nor the moft part of the minifters' fault that better obedience is not giuen, bot we haue a number of ignorant and peruerfe people, who in vetitum nituntur ; and if withowt offenfe I may fpeake, I beleeue that time and conuenience fall preuaile more to reduce them to conformitie nor fuddane or vehement inftance, the multitude of the auerfe appearing to require vt quod a multis peccatur impune pau- lifperjit, leaft the fcandall and difficultie of the remede fould be more hurt- 638* THE MELROS PAPERS. full nor the toleration for a ffiort fpace ; the trouble of a rafcallie multi tude for a fubied which is pretexed with confcience, not feeming feafon- able, which I humblie fubmit to your maiefties moft excellent wifdome : And, begging pardon for my prefumption, I befeech God long to faue and profper your maieftie with health and perfite contentment, I reft Your facred Maiefties moft oblifhed, humble, and obedient fubied and feruant, Melros. Edinburgh, 16th April. To the Kingis moft facred Maieftie. CCCLXV EARL OF MELROS TO THE KING. Most Sacred Souerane, My knouledge of your maiefties defire to vnderftand the order obferued in the church of Edinburgh thir holie dayes, giues me hope of pardon for troubling your maieftie with this accompt. Vpon Good Fry- day, Dodor Forbes hauing chofen for text the 24 verfe of the 2 ch. of the firft epiftle of Sant Peter, firft proponed the louable cuftume of the primitiue Church to obferue holelie that day; and therefter difcourfed verie zealouflie and learnedlie vpon the paffion of our Sauiour, and frutes therof. The next day, Maifter Andro Ramfay, who made the fermon of preparation, took the parable of inuitation to the mariage, and puniffi- ment of him who came without his wedding garment, mentioned in the 22 of Sant Mathewe's gofpell, for his text; which he exponed orderlie, efter his learned maner. Vpon Eafter day, Maifter Patrik Galloway preached vpon the 23 and following verfes of the 1 1 chep. of the firft THE MELROS PAPERS. *639 to the Corinthians, and therefter proceeded to the miniftration of the holie communion, affifted by Maifter Andro Ramfay; who performed their charge verie religiouflie, and with fuch obedience and deuote con formitie of the people, as there wes not any of the whole communicants that I could fie or heare to haue receiued the holie facrament fitting, ex cept two wemen, and ane bafe man, more worthie to be declared idiot nor to haue been admitted to the holie table. I heare that Maifter William Struthers and Dodor Forbes, who ferued in the Colledge Church, per formed alfo their duties faithfullie ; and albeit the whole counfell and mem bers of Seffion be at vacance in the cuntrie, fo that of that nomber none wer prefent except your maiefties aduocat, my felf, and fome of my fones, and fcarce any one gentleman ; yet the order of the feruice being more exad and perfite nor in preceeding times, the minifters ar forced to take tuo Sondayes more for feruing the whole congregations. So, befeeching God to grant your maieftie moft perfite and conftant happines, I reft Your moft facred Maiefties moft humble and faithfull fubied and feruant, Melros. Edinburgh, 22 April. To the Kings moft facred Maieftie. ccclxvi the privy council to the king. Most Sacred Soueraigne, Vpoun the knawledge of that lettre fend be your maieftie to youre chancellour, and of your maiefties earneft defyre to be treulie and tymouflie informed of the circumftanceis of that proude contempt and prefumptioun of fome of the people of Edinburgh to cenfure thair minifteris dodrine; we convenit and mett this day, fend for all the 640* THE MELROS PAPERS. perfonis expreft in youre maiefties letter, and fpent the whole day in ex- aminatioun of thame : And firft, wee began with Williame Rig, baillie, and his compliceis, who wer gevin vp to be vrgearis of this cenfure; and having endit with thame, wee then called vpoun the Proueft, Baillies, Deane of Gild, and Thefaurair, whofe whole depofltionis, after the moft ftrid maner that wee could tak the fame, wee haif heirwith fend vp to your maieftie. And tuitcheing our opinioun and cenfure of this preefumptioun and contempt, wee think the fame in generall to be ane offence of bad example, carying with it verie probable appeirances of mutinye and fhifme, and thairfoir woorthie of rigorous puniffiement, by confyneing or fyneing, according to the qualitie of the perfonis, and nature of the offence, quhilk, as wee conceaue, hes three brancheis: Firft, the publid impugning of Dodor Forbes dodrine be Johne Dickfone, who, with grite humilitie and repentance, acknaAvledgeis his ouerfight ; protefting, gif he had thoght that it wald haif gevin the leaft mater of offence, that he Avald neuer haif oppynit his mouthe thairin, and promifing to be more refpediue of his behaviour in materis of that kynd in all tyme heirefter: Secundlie, the ftanding to and fufteaneing of this point be Williame Rig and Johne Hammiltoun : Thridlie, the vrgeing of the minifteris to cele brate the commvnioun againft the receaued ordouris of the Churche, and publid lawes of the kingdome, be the faid Williame Rig and John Meyne: And, laft, Williame Symfoun his refufall to ferue the tables at the communioun, in refped of the receaued ordour of celebratioun thairof, and his challenging of Mr Patrik Galloway for not attending of the feffioun. All whilkis, in oure opinioun, ar puniffiable in the awne kynd; bot becaus the not knawing of the qualitie of the perfonis may mak fome miftakeing in the ordour of puniffiement, wee haif prefoomed, for your maiefties better cleiring in this point, to acquainte your maieftie, that Johne Meyne and Williame Symfoun ar bot poore men; the firft having the burding of a numerous familie, and the other leiving by his credite in venting of wyne : the other twa ar in fome better eftaite, bot men of no grite Avealthe, and Williame Rig is ane wealthie man. After that wee had endit with thame, Avee called for the minifteris, and earneftlie delt with thame to acquaint ws with thair greeves, that accord- THE MELROS PAPERS: *641 inglie wee might tak ordour for repairing of the fame. Thay wer fpar- ing to come to particularis, bot in the generall, thay expreft als grite caus of greiffe and havynes, as euer paftoris had of thair flocke, quhilk, as thay affirmed, thay euer concealed and boore vp till this laite contempt and indignitie enforced thame now againft thair hairtis, after long patience, to reveill the fame. Wee haif affured thame of all the fauour and concurrence to procure refped to thair perfonis, and obedience to thair minifterie, that our placeis will allow; and wee haif gevin ordour and diredioun to the Magiftratis of Edinburgh to doe the lyke. This being the effed of our proceidingis in this buffynes, wee humblie prefent the fame to your maiefties princelie confideratioun, and what your ma ieftie ffialbe forder pleafed to command thairin ffialbe accordinglie obeyed. And fo, with oure humble and earneft prayeris vnto God for your ma iefties long and happie reign, wee reft for euer Your Maiefties moft humble and obedyent fubiedis and feruitouris, George Hay. Ad. B. of Dunblane. A. Mar. JMelros. Sanctandrews. W. Oliphant. Halyrudehoufe, the laft of Aprile,- 1624. To the King his moft facred and excellent Maieftie. CCCLXVII.—EXAMINATIONS BEFORE THE LORDS OF PRIVY COUNCIL RELATIVE TO WILLIAM RIG, &c. At Haliruidhous, the laft day of Aprile, 1624: In prefence of the Lordis Chancellair and Thefaurair, the Archibifhop of St Androis, the Earle of Melros, the Biffiop of Dunblane, and Sir Williame Oliphant, Aduocat. f 4m 642* THE MELROS PAPERS. Williame Rig, Baillie of Edinburgh, examined and demandit, yf he wes prefent at the meiting of the nightbouris of the toune in the Litle Kirk, vpoun Twifday after Eafter laft, deponis, he wes prefent at that meeting. Demandit, yf, by reafoning or difcourfe, he fuftenit that the dodrine of the paflouris of the faid burgh might be cenfurit in that meeting, deponis, that Johnne Dikfoun haueing regraitit to the meeting ane fcruple and doubt that he had apprehendit vpoun occafioun of fome fpeecheis vtterit be Mr Williame Forbes publidlie in a fermone maid be him, faying, that the materis contrauertit betuix the Romane Churche and ws might be eafilie reconfiled: and Mr Williame Strutheris, mode- ratour of the meeting, haueing anfwerit, that the dodrine of the paf- touris wes not to be cenfured be that meeting, the deponner mantennit the contrair opinioun, faying, that no tryall nor cenfure could feclude the feffioun of the kirk from thair tryall and cenfure ; alledgeing fome paffageis of fcriptour for his Avarrand, efpecialie oute of St Johnne, quhair it is writtin, Try the fpirittis yf thay be of God or not: And grantis that he fayd the iudgement of difcretioun belonged till all men. Demandit, yf he defyrit the minifteris to gif the commvnioun after the auld maner, grantis the fame. Johnne Diksoun, fleffieour, demandit, yf he wes prefent at the meet ing foirfaid, grantis the fame, it being ane vfuall cuftome in the kirk to keepe the faid meeting, and quhairof intimatioun is yeirlie maid be the minifteris vpoun the Sonday preceding to the people to keepe the fame. Demandit; yf at the meeting he vtterit ony fpeecheis concerning Mr Williame Forbes or his dodrine, deponis, that the clerk of the fef fioun, haueing defirit the people conuenit to declair quhat thay had to fay aganis thair minifteris, towcheing thair lyffe and dodrine, and this depon ner haueing hard Mr Williame Forbes, in a fermone maid be him in the Little Kirk, mantene that thair wes findrie contrauertit headis betuix the Romane Churche and ws that might be reconfiled and aggreit; and this haueing bred fome fcruple and doubt in the deponaris hairt and confcience, he thairupoun tooke occafioun fimplie, without choller or fpleene, to regrait the fame, faying, that he had hard fome of our minifteris of auld declair THE MELROS PAPERS. *643 in thair fermonis, and teatche to thair flocke, that light was no more contrair to darknes, nor Chrift to Belial, nor we and the Romane Churche ar, in pointis of faith and dodrine. And deponis, that he is forie from his hairt that he fould haif challengeit his paftour in publid vpoun thai pointis, and yf he had thoght that offens wald haif bene tane at it, he wald neuer haif done it. Denyis that he defirit the minifteris to gif the commvnioun in the auld maner. Johnne Hamiltoun, apotecour, demandit, yf he wes prefent at the meeting foirfaid, and quhat wes his behauiour thair, deponis, he wes prefent at the faid meeting, whilk meeting is a ordinair cuftome in our Churche vpoun the Twifday afoir the celebratioun of the commvnioun ; and the deponner haueing hard Johnne Dikfoun impugne fome pointis of dodrine vtterit be Mr Williame Forbes, anent the materis contra- uerted betuix ws and the Romane Churche, quhairin, as the deponner thoght, the meeting gatt not fatiffadioun, he faid and proponned this queftioun, that yf he wer to minifter phifick, his patient had reffoun to trye yf the phifick wer goode and holefome, feing it importit the weele of the body; fo, we had mutche more reafoun to trie the phifick of the fault, whilk is the fweete milk of the worde : and deponis, that he fpak this onlie vpoun occafioun of Johnne Dikfonis fpeecheis, and no other wayes; and denyis that he fpak ony thing concerning the commvnioun. Johnne Meine, marcheant, examined, grantis that he wes prefent at the meeting foirfaid, and that he defirit Mr Williame Strutheris to minifter the commvnioun in the auld maner; and grantis that quhen the people wer regraiting the point of dodrine foirfaid, vtterit be Mr Williame Forbes, the deponner, perfaving Mr Andro Ramfay to laugh, he faid vnto him, Weele, Sir, are yow laugheing at the regraitis of the people, yow will anfuer to God for it. And he medlit no farder in thefe materis. Williame Simsoun, mercheant, examined, grantis he wes prefent at the meeting foirfaid, bot fpak no thing concerning the commvnioun, nor Mr Williame Forbes: grantis that he wes one of the feffioun; regraitit that Mr Patrick Galloway attended not the feffioun, nowther vpoun the Sonday nor oulk day; and grantis that he being defirit, as one of the 644* THE MELROS PAPERS. feffioun, to ferue the table the tyme of the celebratioun of the commvn ioun, he refuifed to do the fame. Alexander Clerk, proueft of Edinburgh, demandit, quhat paft betwix him and the nightbouris of the toun at the meeting foirfaid, deponis, that the clerk of the feffioun haueing, conforme to the ordour, afkit of the people, yf thay had ony thing to obied aganis thair minifteris, concern ing thair lyffe and conuerfatioun, Johnne Dikfoun, fleffieour, raife vp, and with verie grite modeftie defirit to be heard; whilk being grantit vnto him, he faid, that he hard Mr Williame Forbes delyuer fome dodrine in a fer mone towcheing the contrauertit pointis betwix ws and the papiftis, whilk wes contrare to the dodrine formarlie taught vnto him : and he, defiring that his doubtis and fcruple anent that point might be cleirit, the deponner refuifit to fuffer ony medling to be thairin, faying and mantening, that that place and meeting wer not judgeis of thair paftouris dodrine, and that modeftie and requirit that the faid Johnne fould haif gone to his paf- tour and oppynnit vp his grief vnto him, fra whom he wald haif gottin refolutioun and fatiffadioun anent his doubt; and fo, commanding Johnne filence, he acquiefceit and fpak no forder. And fome twa or three otheris preaffing to vrge this mater of new, and that thair greivis in this point might be related to the reft of the minifterie, and Mr Williame challenged thairupoun, the deponner refuifit the fame, impofing filence vnto thame, and ffiarplie reprooueing thame for thair prefumptioun in thair publid challange of thair minifter, of whome, in dewtie, thay fould haif craued refolutioun of thair doubtis fecreitlie betwix thame felffis. Deponis, That quhen the affemblie was riffin, and all vpoun thair feite, one, whome the deponner faw not, bot hard his voice, cryed out, defiring the deponner to caus the minifteris gif the commvnioun in the auld maner. The other three Baillies, withe Deane of Gild and Thefaurair, adhere to this depofitioun, and wer conforme thairto. THE MELROS PAPERS. *f>45 ccclxviii.—lords of the privy council to the king. Most Sacred Souerane, Wee reffauit your maiefties lettre of the xxi of Maij, by the whiche your maieftie hes fett doun the forme of puniffiement, whilk your maieftie. will haif to be inflidit vpoun thefe of the burgh of Edinburgh, who fo prsefumptuouflie cenfurit thair paftouris preatcheing vpoun Twyifday afoir Eafter laft : and, for obedience thairof, haueing convenit and feriouflie aduifit vpoun the beft meanes of proceiding in the buffynes, finding it expedient to call the offendouris befoir the counfaill, that thair offence might be knawne to all the nomber, and that the fentence might be pro nunceit ordourlie agains thame, for doling of the mouthis of the com moun multitude, who ar euer readdie, vpoun the leaft occafioun, to mif- conftrue all laughfull proceidingis, and wald not haif failled to haif fur- mifed agains this, as being caryed by a few nomber of feledit perfonis, whome thay accompt partiall, becaus wee ar readdie, according to our bundin dewtie, to obey and execute your maiefties laughfull commande- mentis ; for this effed, wee caufit warne thame befoir the counfaill to this prefent day. Lyke as thay compeirit, and with the proueft, baillies, and whole minifteris, who in ane voice declairit that Williame Rig wes come to ane grite acknawledgement of his formair mifbehaviour, and oute of a fingle and humble hairt, had gevin fatiffadioun and contentment to the minifterie in all thefe materis whilkis bred the fcruple and offence amongis thame ; and that he had promeift, by a refpediue and dewtifull behaviour, in tyme comeing, not onlie to effiew all occafionis of new offence and fcandall, bot by his goode cariage to give example of the lyke to otheris ; and the minifteris ar in opinioun of his future conformitie to all goode or dour. And whereas thay feeke nothing bot ane peaceble minifterie, and to live in that vnitie and love with thair flocke that becometh, thairfoir, thay humblie intreated ws for a mitigatioun of the fentence on the pairt 646* THE MELROS PAPERS. of the faid Williame, whilk thay thoght wald produce better effedis nor ony rigour that could be vfed agains him : And befydis this thair decla ratioun and intreatie, Williame Rig gaif in a verie humble petitioun him felf vnder his hand, quhairby he cleirit himfelf of fome pointis wherein he wes miftaken in his formair depofitioun, as, namelie, that point anent the power of the feffioun to cenfure thair minifteris, and to excom- municat ; wherein he affirmis, that he onlie meaned of the minifteris, with the eldairis and deaconis of whome the feffioun is compofed, and no other wayes, and that he deteftes all opinionis of populair power ouer the min ifterie, as fmelling of that odious opinioun of the Browneiftis, quhairof he proteftis he is free, and difclames the fame as being impious befoir God, fcandalous in a Reformed Churche, and repugnant to all goode or dour : And twitcheing that point of his confeffioun, where he grantit that he defyrit the minifteris to celebrate the commvnioun after the auld ma ner, he proteftis folemnlie that he never motioned ony fuche mater at the meeting foirfaid ; bot being demandit vpoun that point, and fua furpryfed vpoun a fuddane, and not fully refolued thairanent, he made choife ra ther to confes, then by ane vnaduifit denyall to be broght bak with a lie, whairanent he offerit to fubmitt himfelff to the declaratioun of the proueft and baillies ; who, with fome otheris vnfufped perfonis who wer prefent at the meeting foirfaid, being demandit vpoun this point, thay all declairit, vpoun thair grite oathes, that thair wes no fuche mater moved nor fpoken be the faid Williame at that tyme. This petitioun, with the humble and earneft requeift of the proueft, baillies, and minifteris, being hard and throughlie confidderit at the Counfaill table, and it being verie weele knawne to the whole nomber, that your maieftie, oute of your moft reli- o-ious difpofitioun towardis the propagatioun and advancement of religi oun, doe feik nothing in all this buffynes bot obedience to the ordouris and difcipline of the kirke ; thay thairfoir inclynit to fatiffie the magiftratis and minifteris in this poynt ; and hes confyned the faid Williame in his awne houfe, till your maiefties forder pleafoure be knowne, and the reft ar diredit to the appointit placeis of thair imprifonment and confyneing, except Symfoun, who, in refped of his pouirtie, notour vnto ws, is maid prifonner in the tolbuithe of Edinburgh ; and thay ar all to keepe thair THE MELROS PAPERS. *647 wardis till your maiefties forder pleafoure be decernit agains thame. Wee haif onlie gone this far for the prefent, as a beginning of thair puniffie ment, and ffiall hold the reft ouer thair heades till wee fee vnto what con formitie this pairt of the puniffiement drawis thame : and quhen your ma ieftie falbe pleafed to command forder heirin, vpoun the fignificatioun of your royall will to the whole Counfaill, it falbe obeyit. And fo, remem- bring our humble and earneft prayeris vnto God for your maiefties lang and happie reign, wee reft Your Maiefties moft humble and obedient fubiedis and feruitouris, George Hay. W. Oliphant. A. Mar. Ad. B. of Dunblane. Melros. Halyruidhoufe, the tent of Junij, 1624. To the King his moft facred and excellent Maieftie. INDEX. 4h INDEX. Abercorne, Countess of, 363. , Earl op, 103 ; urged to submit his differences with Sir George Hamilton, 363. Aberdeen, 259, 297 ; some citizens of, pursued before Privy Council for buying pearles since proclamation, 446 ; Dutch ships there, 488, 489, 497, 498, 499. , Bishop op [Peter Blackburn], grants disposition to second teinds, 25 ; [Patrick Forbes], observations as to the proposed con tribution for the Palatinate, 377, 378, 381. Abbotishall, 484. Abroche, Robin, remission to, 97; Sir Thomas Hamilton's character of him, ib. Achesoun, William, of Powcornall, fugitated, 451. Achesoune, John, in Coryphen, acquitted, 452. Achmoutie, John, 428, 473, 525. Advocate, Lord [Sir William Oliphant], 161, 208, 243, 253, 428, 446, 511; conference with Earl of Orkney, 188, 189 ; Mr William Watson examined before him, 209. Advocates, threatened by the Lorde Thesaurer, Clerk Register, and Secretary, for raising an objection to the title of the Justice De pute, 281. Aikman, John, 120. Air, see Ayr. Alexander, Sir William [afterwards Earl of Stirling], 252; present at King James VI. funeral, 590. Allowa [Alloa], 455, 473. Alum, privilege of making, to be granted to a Fleming, 89. Amesfield, 542. Amisfield, Laird of, absent from meeting of Commissioners of Middle-shires, 553. Angus, 299; Temple Lands of purchased, 163. , Earl of, in ward, 47 ; finds caution to leave Scotland, 57 ; dispute with Earl of Nithsdale as to precedency, 375, 376 ; dis suaded from craving vote before Marquis of Huntly, 376 ; claims to vote before the Mar quis, but withdraws demand under protest, 381 ; asserts that this right is by particular grant from the Crown, 389. Annand, Viscount or, 470, 472, 474 ; thank ed by Sir Thomas Henryson, 471 ; and 612 INDEX. by Lord Johnston, 472; at Elderschote, 474; letter, Earl of Melros to him, 483; Alexander Colville intreats him to be very particular in appointing a successor to Lord Justice Clerk Ormiston, 484, 485; letters, Earl of Melros to him, 487, 494, 495, 496 ; sends gloves and buskins to Lord Melros, 497; letters, Earl of Melros to him, 508, 524, 528 ; Patrick Hamilton solicits him to continue favour to city of Edinburgh, 519 ; friendship confirmed between him and the Marquis of Hamilton, 526 ; daughter's se curity expede, 528 ; informed of dispute be tween the Earl of Nithsdale and Sir William Seton, 538 ; letters, Earl of Nithsdale to him, 542, 543 ; letter, Sir Thomas Hope to him, 545 ; thanked by Alexander Colville for using his influence for Sir Alexander Naper, 551 ; solicited by Colville to get his salary raised, 552 ; see Annandale. Annandale, Earl of, letter from Earl of Nithsdale to him, 560 ; present at funeral of James VI., 589 ; letter, Earl of Nithsdale to him, 593. , stewartry of, in confusion, 543. Anne, of Denmark [Queen of King James VI.], indisposed, 3 ; solicits Sir William Steuart to become cautioner for Jean Steu- art's tocher, 206 ; death, 324 ; notice of her death to be taken in sermons, 325. Annual Rents, taxation on, 426, 438. Anstruther, fishermen of forbidden to fish off Feroe Islands, 304. Apparel, superfluous, objected to by King and Privy Council, 435, 436. Arbroath, 291. , Magistrates of ordered to provide necessaries for horse and men upon occasion of King's visit, 290. Arbroithe, see Arbroath. Ardchattan, 228. Ardes, Viscount of, written to by Privy Coun cil regarding influx of Irish vagabonds into Scotland, 556. Ardincaple, Laird of, 165. Ardmenach, lordship of, 364. Ardnamurchayn, 218. Argyle, Earl of, infeft in Kintyre, 28 ; com mission to be granted in his favour for putting down disorders in the Highlands, 122 ; pays fourteen lasts of herrings as tack-duty, 124 ; accused by rebels of having authorised seizure of Dunivaig, 167 ; his liferent of Jura and Colensa gifted to Sir George Erskine, 204 ; to proceed against rebels, 223 ; death rumoured by the rebels, 229 ; letter from Lord Binning to him, 230 ; necessity of his proceeding against rebels, 232 ; unwell, 233 ; letter to James VI., ib. ; proceedings against rebels, 235, 236 ; letters from Lord Binning to him, 237, 243 ; letters from him to Lord Binning, 244, 247 ; application of his vassals to the Privy Council, 321, 322; infeftment in the lordship of Kintyre in favour of his eldest son of the second marriage objected to, 587 ; delayed by Privy Council, 588. , feuars of, 321. Armestrange, Geordie, fugitated, 451. , John, called Bauld Jock, exe cuted, 452. , Margaret, called the Wairding, fugitated, 451. -, Syme, called Qwhythauche, ac quitted, 452. , Thomas, fugitated, 451. , Willie, called Pavunes Willie, acquitted, 451. Armorthy, Castle of, 246. Arnot, James, accused of fraudulent bank ruptcy, 571 ; case examined by Privy Coun cil, ib. ; acquitted of the charge, ib. , Sir John, 39, 42, 94, 277. Arran, rumour of foreign vessels there, 45 ; Bishop of the Isles remains there, 165 j rebels fly to, 336. Artaxerxes, anecdote of, 380. Articles, the Lords of, proceedings of, 15, 16, 17 ; influenced by the Earl of Dunbar in Restalrig's forfeiture, 67 ; packed in order to favour the King's wishes, 416. INDEX. 613 Assembly, General, at Aberdeen, 297 ; at St Andrews, 302 ; at Perth, 331 ; Articles of Assembly at Perth impugned, 412. Athol, Countess of, proceedings between her and her son-in-law, 9, 1 0 ; ordered, together with her pretended husband, to be detained, 169. , Earl of, unsuccessfully prosecuted by his mother-in-law, 9, 10; charged to produce murderers of Kinfauns, 22 ; put in ward, 30 ; deeply in debt, 31 ; pursues M'Coneil and M'Rannald, 211 ; title to be conferred on the Earl of Tullebardine, 254. Aulderfleit, 597. Ayr, 77 ; the best seaport in Scotland except Leith and Dundee, 78 ; visited by the plague, 79; revenue insufficient for expenditure, ib. , Viscount of, 483, 505 ; to settle secu rities between Lords Annandale and Niths dale, 483 ; goes to England, 530 ; present at funeral of James VI., 589. Aytoun, Laird of, 403. B. Bagone, 495. Bailie, George, 461. , Sir James, 399, 473, 483, 437, 496, 508, 524, 525, 546, 548. Balcanquole, Mr Walter, examined, 13. Balfour, Mr James, examined, 13. , Sir William, craves a grant of the un laws and penalties of the Justice Courts, 93 ; grant objected to by Privy Council, ib. Balmerino, Lord, Letter of Privy Council to the King, relative to, 57, 58, 59 ; proceed ings adopted against him, 65, 66, 67 ; his father the purchaser of the Temple Lands of Angus, 163; to be at Court, 167. Balvaird, Laird of, 195, 199 ; a Commissioner to treat on the matter of the Wool, 501, 505, 520. Banquetting, superfluous, objected to by King and Privy Council, 435, 436. Barclay, William, 263. Bargany, Thomas Kennedy of, 205. Barkclaes, 452. Barnbarroch, 139. , Laird of, a sensible gentleman, 251. Barnbougal, 23, 89. Barons, infeft with privilege of pitt and gal lows — their powers, 557. Barrogh, 326. Barskeo, Gudeman of, 87. Barwicke, see Berwick. Bass, Lady, 528. , Laird of, 404, 405, 483, 495, 496, 529, 547. Bauld Jock, executed, 452. Beacons erected in the river Forth, 400, 401. Beggars, great increase of, 527. , in Fife, order taken with them, 308. Belches, John, 253. Bemersyde, 260, 261. Beruick, see Berwick. Berwick (County), right to appoint a sheriff- clerk claimed by Goodman of Renton, 282, 283. , merchants robbed and left for dead on their way to, 273. town of, 290, 291, 294, 299, 529, 571. Binning, Lord, informs John Murray that William Dick will lend eleven thousand merks to be paid John Joussie twelve days after receipt, 137 ; letters to his brother re- 614 INDEX. lative to proceedings in Orkney, 153, 154, 157, 158, 168, 169; accuses Bishop of Isles of unnecessary delay, 164, 594; informed by Lord Chancellor of arrival of Spanish ship at Burntisland, 159 ; objects to the captain and crew being treated harshly, 160, 161 ; leaves Edinburgh for Fife, 161 ; letters to his bro ther, 161, 162, 163, 164, 167, 169;pur- chases Temple Lands, 162, 163 ; desires his brother to lay the letters and depositions relative to the Spanish ship before the King, 163; detained in Edinburgh, 168; informs his brother of their nephew's marriage, ib. ; orders detention of old Lady Athole and her husband, 169 ; capture of Robert Stewart and Patrick Halcro communicated to him, 182, 183 ; procures information from Andro Martin, 184 ; conference with Earl of Ork ney, 188, 189 ; recommends a friend to John Murray, 189, 190; wishes the advancement of Archbishop of Glasgow and Bishop of Ork ney, 194, 196; transmits Parson of Dysert's supplication to John Murray, 198; delivers to the Earl of Eglintoun his infeftment, 199 ; acquaints the King of his negociations with the Sheriff of the Forest, 203, 204 ; instruc tions to the Earl of Tullibardine, 213, 214, —and to Sir Rorie M'Leod, 224, 225, 226 ; Sir James M'Donald entreats his assistance, 226, 227 ; writes the Earl of Argyle to pro ceed against rebels, 230, 231, 232 ; letter to John Murray, 234 ; letters to Earl of Argyle, 235, 237; to Archibald Campbell, 238; letters from Campbell to him, 239, 597 — re ply, 240 ; further instructions to the Earl of Argyle, 243 ; letters from Earl of Argyle, 244, 247 ; writes to John Murray as to various matters, 249, 250, 253, 254 ; letter from Wil liam Haig, 255 ; explains his conduct to the King in regard to James Haig's complaints against him and Chancellor, 260, 261 ; letter to the King, 267; informs him of proceedings before Convention, 271 ; curious account of state of Scotland, 272, 273, 274; threatens the lawyers for raising objections to the title of the Justice Depute, 281 ; informs the King of various matters, 281, 282, 283, 284; communicates to the King the arrangements for his reception, 287, 288, 289, 290; informs the King of attempted assassination by Lord Oliphant, 291 ; pro poses to his Majesty that wording of his pro clamation should be altered, 293, 294 ; inter cedes with the King to liberate the master of a coal ship of the Low Countries, 295 ; letters to James Douglas, 303 ; receives orders to prevent the Dutch from fishing off the Scot- ish coast, 306 ; informs the King of pro ceedings against Ross for libel, 315, 316 ; sends copy of process to James Douglas, 316 ; letter to James Douglas as to supposed murder in Galloway, 317, 318 ; note signed by him to be shown to the King, 318, 319, 320 ; condoles with the King on Queen Anne's death, 324 ; opinion as to hostile intention of the Spaniards, 325 ; priory of Hadington conferred on his son, 325, 326 ; created Earl of Melros, 327. Birsay, 149, 176, 186, 188. Bishops' Act approved by the Lords of Arti cles, 16, 17. Blacader, Laird of, 403 ; disputes with Lord Walden's tenant as to fishings before Fishe- wick, 5S3. Blackness, Castle of, James Cranstoun confined there, 81 ; Kelwode warded there, 126; Sir James M'Coneil confined there, 131 ; "Wil liam Rig warded there, 573. Blaklandis, 257. Blantyre, Lord, 162, 400 ; removed as an ex traordinary Lord of Session, but appointed to a supernumerary place, 297 ; decease, 283 ; dispute with Sir James Cleland, 569, 570. Blaquhan, Laird of, 112, 125. Bohemia, Queen of, praised for her virtues by the Earl of Melros, 379. Bogye, Laird of, 129, 308. Bointoun, tutor of, 172. Bombie, 452. Bonnytoun, 356. Boots and shoes, high price of, 46 ; measures suggested to remedy this, ib. INDEX. 615 Borders, Commissioners of the, 22, 296 ; direc tions given by James VI. as to, 302 ; com missioners summoned, 547 ; meeting of, 554, 555 ; proposal to disarm the inhabitants of, objected to by Privy Council, 557. Bothuil, see Bothwell. Bothwell, Earl of, 140, 370, 550- Bowye, Sir Andrew, death of his sister the King's laundress, 292 ; craves that the place be given to his wife, 293. Boyd, Lord, complained of by Sir James Cle- land, 569 ; offers to submit disputes, 570. Boyde, Mr Robert, charged to compear before Privy Council, 563 ; his petition is remitted to the King, 564, 565. Boydkin, 451. Boyl, Archibald, 561. Brae of Mar, 473. Brackinsyde, 451. Brechin, Bishop of [Andrew Lamb], about to repair to Court, 104. , city of, to furnish provisions for his Majesty's reception, 289. Brederode, Mons'., 334, 335. Bredick, 594. Brimstone, privilege to make, to be granted to a Fleming, 89. Broadhavin, 369. Broughton, 105, 140, 193, 251, 255. , Lady, proposes to go to Court, 251. Brown, Gilbert, search for him, 118. Browne, John, 129. , William, 237, 317. Bruces, Alexander, Colin, and Patrick, pur sued for assisting the Clangregour, 6. Bruce, Alexander, banished, 450. , Sir George, proposes to put up bea cons on the blind Craigs of the Forth, 400, 401 ; obtains grant of fines of exporters of gold and silver, 442, 443. , Lord, present at funeral of James VI., 590. , Mr Robert, written to for his resolu tion in the matter of Gowry, 32; returns answer, 33; craves relief from ward, 431, 432 ; great age and infirmity, 444 ; confine ment in Inverness, 445. Brunthils, 257. Buccleugh, Earl or, 133,483, 508,513,539, 543, 555 ; affairs with the Viscount of An- nand settled, 483 ; attempted to be captured and murdered by the Ellots, 578, 579, 580 ; intercedes for Robert Eliot, 581 ; present at James VI. funeral, 589. Buchan, Earl of, present at funeral of James VI., 589. Buchane, Margaret, adulteress to Patrick Hal- cro, 181. Buchanan, Sir John, offers forty-five thousand merks for tack of King's rents in Orkney and Zetland, 440 ; his tack-duty thought the fair avail of the lands, 553. Buchane-Ness, 129. Buckingham, Duke or, 544 ; unwell, 560 ; Lord Nithsdale wishes his Grace's letters sent to his wife to comfort her, 561. , Marquis of, confers favour on the Earl of Melros, 525. Bugcleuch, see Buccleugh. Bulmer, Sir Bevis, proceedings as to gold mines in Scotland, 35, 36, 37, 38. Buquhannan, see Buchanan. Burdeaulx [Bourdeaux], red herring exported from Dunbar to, 263 ; Scotch factors there, 406. Burgundy, treaties with, transmitted by Sir David Foulis, to be kept amongst Records of Scotland, 334. Burke, Myles, seizes the Peragon of Leith, 368, 369. , Phillip, 369. , Sir Tibold, 369. Burly, Lord, 74. Burnet, Robert, 508. , Laird of Leys, examined, 14. Burntisland, arrival of Spanish ship at, 159, 160 ; disturbance there, 207, 208, 209, 210. Burrows, Commissioners of, dispute with the Duke of Lenox as to the assise-herring of the North Isles, 129, 130, 131 ; Convention of, to be held at Haddington, 328. 616 INDEX. Buskins and gloves sent by Viscount Annand to Earl of Melros, 497. Butlair, George, 261. Button, Captain of the Phosnix, 598, 599, 600, 602. C. Caddle, see Cadell. Cadell, Laird of, feu of Ila offered to him, 170; undertakes recovery of Duneveg, ib. ; con ference with Privy Council, 178, 179; to present Angus Oig before Chancellor, 202 ; rebels propose to destroy his lands, 212; commission given him by Argyle, 240. Cairstoun, 151. Caithness, 408, 409, 410, 479; almost as bar barous as the Highlands or Isles, 408. — , Bishop of [Alexander Forbes], 108; present at the investigation of the charges against the Parson of Dysart, 195. -, Earl of, narrative of his proceedings against the rebels of Orkney, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 174, 175, 176, 177, 181, 182, 183, 184 ; promises to go against the rebels in the Isles, 595 ; his warrant as a Privy Councillor hurried, 163 ; blamed for negligence, ib. ; conference between him and Robert Stewart, 182, 183 ; hangs several rebels, 1 83 ; promises Patrick Halcro his life, ib. ; articles sent by him to Lord Binning, 185, 186 ; Mr William Watson examined be fore him, 208; letter from Sir James M'Co neil to him opened, 213 ; rebellion of, 407, 408,409, 410, 411. Calder, Kirk of, 569. Calder's men, expelled, 221. Camis, Isle of, rebels stop there, 215. CampbeU, Archibald, 107, 170, 187. , Archibald, overture for pacification of Highlands, 122, 123; undertakes to bring a stranger for making red herrings, 123 ; craves pension of the assise-herring of the West Sea, 124 ; account of pursuit of M'Co neil and M'Ranald, 211, 212, 228; letter from Lord Binning to him, 238; his answer, 239 ; letter, Lord Binning to him, 241 ; jour nal of Sir Oliver Lambert's proceedings against the rebels in Isla, 596 to 608. Campbell, Colin, of Kilberrie, 236, 244. , Duncan, hurt, 450. ¦ . , Duncan, Moyll, apprehended, 535. , Sir John, 246. Campbeltoun, 249. Canaryes, 368. Car, Sir Andro, 253. Carlisle, 299. , Earl of, appointed a Commissioner to treat upon the matter of the Wool, 501, 505. Carnegy, Lord, 290; concurs in contribution for Palatinate, 379; consultation with Arch bishop of St Andrews as to putting down opposition to Church Articles, 425 ; recom mended by the Earl of Melros, 453 ; Privy Council recommend him to the King as Com missioner for Duke of Lenox, 593. Carrick, Bailliary of, 233. Carsane, John, breaks his leg, 137. Cart, pearles found in the Water of, 446. Cassilis, Earl of, craves his liberty, 4 ; pur sued by Kelwode, 103 ; decreet against him, 112; raises action against Kelwode, ib. ; pro ceedings therein, ib. ; prosecutes M'llvane, ib. ; further proceedings against Kelwode, 125, 126; offers to put down rebellion in Orkney, provided the rebels were assured of their lives, 155; renunciation of Bailliary of Carrick, 233. Castlemilk, 510, 542, 545, 548. INDEX. 617 Castle- Sinclair, 143, 180, 183. Catechism, General, ordered, 297. Cathcart, Mr Robert, examined, 13. Caytmer, Rees, 44. Chalmers, William, 428. Chamberlain, Lord [Ludovic, Duke of Len nox], recommends the Isles to be feued, 170. Chambers, William, Treasurer- Clerk, present at funeral of James VI., 590. Chancellor, Lord, see Earl of Dunfermline and Sir George Hay. Chapel- Tower, 147. Charlemagne, Emperor, 379. Charles I., King [when Prince of Wales], his journey to Spain, 506 ; journey forbidden to be noticed by clergy, 507 ; James Scot ap pointed by him to manage his affairs in Scot land, 531 ; letter from Piivy Couneil to him as to lamentable fire in Dunfermline, 567 ; Lord Lorn recommended to him by the Privy Council, 591 ; letter, Privy Council to him as to the Duke of Lennox, 592. Charletoun, William, two cows and an ox stolen from him by Robert Eliot's servants, 580. Chesholm, John, Comptroller of the Ordinance, 259. Chipseis, 580. Church Articles allowed by the Lords of Arti cles, 423 ; certain objectors to them proposed to be punished, 424. Churches, Parliamentary Commissioners for plantation of, convene, 257 ; proceedings of, 258; tumult against the Dunkirkers stirred up in, 522. Clanbewye, Lord, 556. Clandonald, spoil the boats of the Bishop of the Isles, 165 ; take the Bishop's son and nephew, 166 ; act as spies, 228. Claneane [Clan Ian, Macdonald], Lord Lorn puts down the rebels of, 591. Clangregour, assisted by Alexander, Colin, and Patrick Bruce, 6 ; reduced situation of the Clan, 98, 99 ; proposal to transport the children of the Macgregours south of the Forth and Clyde, 98 ; objected to by the Privy Council, 99 ; ordonance for disarming the Clan, 100, 101 ; proceedings against, 107 ; surety for Cole Makgillespik, 204. Clanronald, Captain of, 216, 217, 228. Cleland, Sir James, complains against Lord Boyd, 569 ; refuses to submit, 570. Clergy, Scots, poverty of, 301 ; provision for them, 301, 302. Cliddisdaill, ministers buried quick there, 273. Clifford, Lord, 339. Clockreoch, 257. Closborne [Closeburn?], 542. Closeburn, Laird of, appointed Sheriff of Dum fries, 107. Coal, Scots, permitted to be imported into Eng land duty free, 338, 343. Coal-Heuch, owners of, agree at their own expense to put beacons in the Forth, 400, 401. Cochrane, James, 474. , William, 474. Cockburn, Sir John, Lord Justice Clerk, very infirm, 484 ; dies, 485. Coill [Coll], Laird of, 216, 218. Coin, prejudice done to Scotland by the expor tation of, 283 ; proclamation as to, 340 ; proposed introduction of foreign coin, 362 ; value of foreign coin, 372. Coinage, new, objected to, 340 ; copper coin age craved by Privy Council, 527, 528. Cokbrunspeth [Cockburnspath], Thomas Ni cholson wishes to be postmaster of, 494. Cokpule [Murray], Laird of, wishes Commis- sionarship, vacant by death of Sir David Murray, 127; warrant granted to him to receive keys of Castle of Dumfries, 128. Coldingham, Priory of, 371. Coldness, extreme, in February 1623, 497. Colhart, George", acquitted, 452. Collinsay, 204, 220. Collinson, 229. Colville, Alexander, Justice Depute, letter to Viscount of Annand upon appointing a suc cessor to Lord Justice Clerk Ormiston, 484 ; thanks his Lordship for using his influence for Sir Archibald Naper, 551 ; complains he 4l 618 INDEX. has only five hundred pounds salary as Jus tice Depute, 552. Colville, Lord, proposes to go to France to re-establish Scotish Guard, 503, 504. Commissioners for Borders appointed, 22 ; for plantation of kirks, &c, 302 ; English and Scots Border ones to meet and take mea sures for suppression of current evils, 339. Communion, celebration of, proclaimed at Cross, 585. Confession of Faith upon good grounds alterable, 413. Congilton, Laird of, 529. Conhaith, 85, 542, 543. Constantinople, loss of, 413. Corme, Rory, 369. Corn, duty imposed upon importation of foreign, 320, 321 ; superabundance of foreign, 562, 563. Cornetoun, rents claimed by relict of William Murray, 313. Corrie, David, brother to Kelwode, 125. Corsan, John, quarrel with Robert Makbrare, 432, 433. Coryphen, 452. Council day once every week, 20, 22; prevent ed by the plague, 23. Cowhill, slaughter of Laird of, 118. Craig, Sir Lewes, Mr Thomas Henderson ad mitted judge in his place, 453. , Mr Thomas, works praised by Privy Council, 43 ; his wife and family recommend ed to the King's favour, ib. ; the King soli cited to further the impression of his works, 44, 84 ; poems by him on the Queen and Prince Henry, 84. Crail fishermen forbidden to fish off the Feroe Isles, 304. Cranstoun, Lord, 80, 81, 82, 290; quarrel between his second son and Sir Gedeon Mur ray's son brought before Privy Council, 80 ; denies having instigated the quarrel, 81, 82 ; present at meeting of Commissioners of Mid dle-shires, 555. Cranstoun, James, banished, 82, 83. Crawford, Earl of, likely to be free of ward. 97 ; advised by young and evil disposed per sons, ib. ; recommended by Sir Thomas Hamilton that he should find caution, ib. ; letter from Sir James M'Coneil to him, 213 ; order taken for his transport, 284. , Master of, search made for him, 32. Crawfurd, Captain, shot, 601. Crawfurd-muir gold mines, 36. Creichtoun, Robert, 525. , Thomas, 134. , William, controversy with Lord Sanquhar's [bastard] son, 127, 132, 133, 264. 265. Criminal Judicature, proposed reformation of, 284. Cross of Edinburgh, visit of James VI. pro claimed there, 288 ; communion proclaimed there, 585. Cruikschank, 233. Cultmalundie, feud with Monyvaird, 449 ; ruin ed, 450. Cumlege, Laird of, his appointment as Sheriff- Depute of the Merse objected to by Home of Renton, 268. Cuninghame, Sir James, his proposition con cerning the Indian Company, 284. Cunningham, Adam, 220, 253. , bailliary of, 525. Customs on cattle passing between the two kingdoms, 86 ; roup of, 295 ; collected, 302. , taxmen of the customs claim a deduc tion, 29 ; cited before Privy Council, ib. ; agreement between them and Lord Scone, 69. Cwningham, see Cunningham. INDEX. 619 D. Dalzell, James, 571. Danskene, corn brought there cheap, 320. Dantish, 151. David II., ransom of, 422 ; value of a mert in his days, ib. Deassau, Valentyne, Captain of a Holland ship, 527. Deip [Dieppe], red herring exported from Dun bar to, 263 ; Scotch factors there, 406 ; James Hope, a merchant there, 546. Demayneholme, 578. Denmark- House, 561. , King of, 304, 323. Derry, burning of, 44. Dick, William, to lend John Murray eleven thousand merks, 137 ; vessels freighted with white victual by him and- William Wilkie, captured by Dunkirkers, 562 ; representation to the King by the Privy Council on the subject, 562, 563. Dippline [Dupplin?], 291. Douglas, Alexander, sells his office of Sergeant at Arms to Richard Hall, 345 ; transaction informal, 345, 346. Douglas, Earl op, Lord Mar renounces his right as heir of, 463. , James, 107, 267, 294, 303, 304, 341 ; letter from Lord Binning to, 303 ; copy of Ross' process sent him, 316; letter from Lord Binning to him as to supposed murder in Galloway, 317; writes letter to Lords Chancellor and Secretary announcing Prince Charles' journey to Spain, 506. , Sir James, suit between him and Lord Hemes, 72, 73. , James of Torthorwall, finds caution to underly the law, 7 ; murdered by William Stewart, 51. -, James, servant of Loch-hous, fugi tated, 451, 538. Douglas, Richard, 295. , William, 530. Doundie, see Dundee. Doward, M'Lean of, 216. Dowglen, 452. Dowie, James, Drumlanrick's bond given to him, 253. Drimsleit, 546. Drum, Laird of [Irvine], feud with the name of Forbes, 119; will give no satisfaction to the Lords Chancellor and Secretary, 333, 334. Drumfries, see Dumfries, 451 . Drumlangrick, young, reconciled to Kirkmichel, 89. , 299, 472, 538, 542. Drumlanrik, Laird of, his bond delivered to James Dowie, 253; uses caption against Wamphrae's brother, 455 ; answer to Earl of Nithsdale, 542. Drummond, Sir Alexander, dies, 335. Drummorrell, 105, 139, 249, 250. Drusus, 378. Duel between James Cranstoun and Sir Gideon Murray's son prevented by Privy Council, 80, 81, 82, 83. Duff, George, writer, 474. Dunbar, Earl of, recommended by Privy Council to James VI., 8 ; procures the con viction of Mr John Forbes, &c, 10, 1 1 ; pre sents letter to Privy Council, 21 ; gives Sir T. Hamilton the resolutions of the civilians, and directs proceedings in Balmerino's case, 66 ; solicits the Lords of Articles and Privy Council in the process against Restalrig, 67, 68 ; letter from Privy Council to him as to charge against Mr John Fairfoull, 74, 75 ; dies, leaving two daughters, 92 ; his affairs involved, ib. ; his journeys to Scotland for reformation of abuses, 274 ; warrant to the 620 INDEX, Lords of Session sent by him, 279; writs said to be in the hands of his daughters, 433, 434 ; Drumlanrick's answer to Earl of Niths dale relative to, 548. Dumblane [Adam Bellenden], Bishop of, pre sent at the investigation of the charges against the parson of Dysart, 195. Dumfries Castle, keepership of, vacant by death of Sir David Murray, 127; warrant granted to deliver keys to Laird of Cokpule, 128. , Laird of Closeburn appointed sheriff of, 107. , Commissars of, 543. , town of, riot there, 119; name of Maxwell respected there, 433 ; persons de clared fugitives from the Justice Court held at, 451 ; riot there between the Maxwells and Johnstones, 510, 511 ; dispute in Court at, 539 ; Justice Court proclaimed there, 544. Dunavaig, taken by rebels in Islay, 164 ; loss of it attributed to the negligence of the keepers of Bishop of the Isles, 165 ; Bishop attempts to recover it, 165, 166 ; formerly kept by Lord Scone, 166 ; undertaken to be recovered by Laird of Cadell, 170; Sir James M'Donald denies being concerned in the taking and holding of it, 213 ; capture of, 220, 221, 222, 223, 224, 235; names of those who betrayed it, 221, 222; offered by Sir James M'Donald to the King, 227 ; Archi bald Campbell's journal as to siege and cap ture of, 597 to 605. Dunbar, red herrings cured there in 1609, 263. Dunbarton Castle, M'Coneil escapes from, 22; constables of committed to Edinburgh Castle, ib. ; captain of, his charges for maintaining Earl of Orkney, 96 ; his lordship ordered to be removed from, 179, 180; Simpson, the minister of Merton, and Andro Duncan, sent there, 412 ; they petition to be liberated from, 430. Duncan, Andro, sometime minister of Craill, sent prisoner to Dumbarton Castle, for im pugning Articles of Perth, 412; petition for release, 430. Dundee, 287, 290 ; a principal sea-port, 7S. , constable of objects to infeftment of Kintyre in favour of the Earl of Argyle's eldest son of the second marriage, 587. Dundrennan, sold by John Maxwell to John Murray, 88. Dunfermline, Earl or, Alexander [Lord Chancellor], accused by Mr John For bes, 13; praised for his great dexterity, 17 ; refuses to see his nephews, 18; unwell, 103 ; informs Lord Binning of arrival of Spanish ship at Burntisland, 159, 160; orders the captain, pilot, and surgeon, to be put in prison, 1 60 ; thanks John Murray for getting his nephew's claim to the earldom of Eglin- ton allowed, 200 ; anxious to know who opposed his nephew's claim, 201 ; explains his dealings with George Grahame to the King, 201, 202; thanks his Majesty for al lowing his nephew's claim, 203 ; acquaints Lord Binning of disturbance in Burntisland, 207, 208, 209 ; suggests that Mr William Watson should be suspended, 210; lays Sir James M'Coneil's letters before Privy Coun cil, 213 ; letter from William Haig to him, 255 ; vindicates himself to the King against charges at instance of James Haig, 260, 261 ; speech before the Council as to making ar rangements for King's journey, 271 ; proposes that the office of Justice Clerk should not be filled up till the criminal judicature be re formed, 284 ; account of the progress of James VI. in Scotland, 296 to 303 ; orders rumoured murder in Galloway to be investi gated, 317; transmits list of sheriffs to the King, 332, 333 ; can get no satisfaction from Irving of Drum, 333 ; letter to the King as to restitution of Margaret Hairtside, 344 ; urges Earl of Abercorn and his mother to submit their dispute with Sir George Hamil ton, 363 ; eloquent oration on the King's de mand for a contribution for the Palatinate, 377 ; consults with Earl of Melros and Arch bishop of St Andrews, 394 ; speech upon INDEX. 621 opening of Parliament, 162, 415, 416; ob tains resolution for general taxation, 421 ; speaks with Marquis of Hamilton as to com mission issued by the King, 428 ; falls sick, • 454 ; gets worse, 455 ; hope of his recovery, 456 ; dies, 460 ; conduct praised by Privy Council, 477, 478 ; copy of his alleged in structions to Grahame, 605. Dunfermline, lordship of, 364. , town of, dreadful fire there, 565, 566, 567, 568 ; case of the sufferers repre sented to the King and Prince Charles, ib. Dunglas, 290 ; visited by James VI., 299. Dunkeld, Bishop of [Alexander Lindsay], present at examination of charges against the parson of Dysart, 195, Dunkirk vessel, beats off two Dutch wachters in Leith Roads, 457 ; captain of refuses to liberate his prisoners, 488, 489 ; proceedings before Privy Council relative to, 497, 498, 499; endeavours to quit Leith Harbour, 512 ; obliged to return, ib. ; tries to get out again by night tide, but strikes on a rock, ib. ; pilot on board murdered, ib. ; fired at by the Holland vessel, ib. ; crew leave the vessel and get to land, but are robbed and ill-treated by the Leith people, 514 ; property ordered to be restored, ib. ; orders given to bring the vessel into the harbour, 515; burnt by the Hollanders, 518 ; report by Privy Council on the affair, 534 ; letter by Privy Council to the King, 540; and to Lord Chancellor on the subject, 548, 549. Dunkirkers, capture two Scotch vessels freighted with white victual, 562; representation by the Privy Council to the King on the subject, 562, 563. Durie, Lord [Senator of College of Justice], recommended by Earl of Melros, 453 ; ap pointed by the King to plead in the case of Lord Mar against Lord Elphinston, 463; ob jected to by Lords of Session, 464. Dysart, Parson of, see Mr William Murray. E. Earl's-Fees, 286. Easter-day, Lords of Session communicate on, 331. Edinburgh, burgh of, complained of by the barons of Lothian, 58 ; council of informed of the gift of impost of the tavernars in Leith to Bernard Lindsay, 102 ; grants to town of, 1 04 ; sends John Hay to London, 234 ; the ordinary place of daily fights, 273 ; merchants waylaid on the way to Leith, ib. ; King's visit proclaimed at cross of, 288 ; skipper from the Low Countries committed to Tolbuith of, 295 ; King makes his entry, 299 ; manufac tures of cloth and other stuffs projected there, 366, 367, 386, 387 ; compounds for taxa tion, 436 ; inhabitants censured for vio lent conduct, 534 ; Privy Council report that they do not think that the burgh can be com pelled to try those that plundered the Dun- kirkers, 522 ; search for conventicles there, 584. Edinburgh Castle, 188 ; victual payable to by Archbishop of St Andrews, 269 ; artillery, sails, &c. of the Royal Charles to be deposit ed there, 329; Langton sent there, 413; cannon transported thence to Leith, 514, 515. , magistrates of, required by the King to wear scarlet gowns, 348 ; they object, as they were provided with black gowns lined with velvet, 349 ; go to church every Sun day in black gowns, 350 ; disputes with Wil liam Todrig as to making red herrings, 350 ; produce patent anterior to his, 351 ; refuse to guard the cannon at Leith brought from the Castle, as it was beyond the bounds of their jurisdiction, 515 ; conduct palliated by the Earl of Melros, 516, 517; thank Vis- 622 INDEX. count Annand for his favour, 519 ; protest by them, 522 ; report by Council as to their conduct in the matter of the Dunkirk ship, 534 ; letter from the King delivered to them, 548. Edinburgh, provost of, has noplace in the Par liament House, 349 ; his wearing a gold chain objected to, ib. ; letter to him from the King, 389. Edmiston, 106. Edwards, Nathaniel, 545. Egg, Isle of, 215, 218. Eglinton, Earl of, title assumed by Sir Alex ander Seton, 113; entail by former earl, 114, 115; claim allowed, and infeftment of earldom delivered by Lord [Secretary] Binning to, 199 ; present at funeral of James VI., 589. , House of, feud with Earl of Glen- cairne, 17. Eglishaw, 439. Elfinston, 284, 473. Elgin, burrow-mails of, claimed by the Earl of Murray, 101. Eliot [Elliot], Hector, in Rig, acquitted, 452. , Gib, called the tutour, proposes to mur der the Earl of Buccleugh, 578, 579, 580. , Gawane, deemed a feeble coutcher, 578, 579. , Robert, said to have been calumniated by Sir Gideon Murray, 1 38 ; attempts to cap ture and murder the Earl of Buccleugh, 578, 579 ; his depositions, 578, 579 ; admits steal ing six cows from Master Heron, 580 ; Privy Council communicate to the King proceed ings against him, 581, 582 ; the Earl of Buc cleugh intercedes for him, 581 ; his accom plices banished, ib. Elphinston, Sir George, 544 ; present at funeral of James VI. as a Scotch Privy Councillor, 590; Commissioner for Duke of Lenox, 592, 593. , Lord, 95; appointed extraordi nary Lord of Session, 279; intromissions with the Earl of Gowrie's effects, 308 ; pro cures patent for his relation Peter Elphin ston under the Great Seal as to his descent, 354; law-suit between him and Lord Mar delayed, 463. Elphinston, Master of, 284. , Peter, pedigree questioned in France, 384 ; James VI. requested to order his Ambassador to remonstrate on the sub ject, 385. Elsinure, 323. English noblemen, gentry, and clergy, who ac company James VI., express themselves gra tified with their reception in Scotland, 300 ; several of them made Privy Councillors in Scotland, 301. Errol, Earl of [Andrew], money of his said to be received by the King, 305. , [Francis], in ward, 47, 56; actions brought against him, 71, 72 ; re quired to produce the Laird of Geycht before Privy Council, 119; decreet-arbitral between him and Marquis of Huntly, 128; desired to bring brother of Brunthil's before Council, 257 ; permission granted to him by the King to accept of satisfaction for the wrongs done to him, 281 ; to attend James VI. to Dun dee, 290 ; consents to registration of decreet- arbitral, 296 ; agreement with Marquis of Huntly, 296, 297 ; money received by Sir Robert Melvil from him, 305; concurs in contribution for Palatinate, 378. Erskin, Sir George, obtains gift of the Earl of Argyle's liferent of Jura and Colensa, 204. , Lord, admitted Privy Councillor, 256 ; present at funeral of James VI., 589. Estates of Parliament, private meeting of the censured, 424, 427. Ettrick Forrest, lordship of, 364. Eythen, search for pearls in water of, 446. INDEX. 623 F. Fairfoull, Mr John, to be examined for praying for the banished clergy, 74, 75. Falkirk, 180. Falkland, 287, 290. , Viscount, his daughter marries the Earl of Home, 403. Fang, thieves apprehended with, the mode of trial of, 557. Faraw, see Feroe. Farmers complain that the merchants, by im porting foreign corn, undersell them, 320. Fast Castle, wished to be retained by the Earl of Home, 371. Fenton, John, Comptroller Clerk, present at funeral of James VI., 590. , Viscount, 100 ; present at funeral of James VI, 589. Ferniherst acquires the Temple Lands in Rox burgh, 163. Feroe, fishing of, 304; supplication by inha bitants of, ib. Fife, 299, 308, 367 ; order taken with beggars in, 308. , sheriff of, 290. Findone, customs on the waters of claimed by the Earl of Murray, considered by Privy Countil, 101, 135, 136. Finlasoune, John, sheriff depute, unpopular in Orkney, 176, 177, 186, 189. Fishewick, 583. Fishing, Hollanders claim right of, 130 ; objected to by some of the Fife burrows, 304 ; ordered to be stopped by the King, 306 ; report by Privy Council on the subject, 306, 307. Fleming, a, obtains privilege for thirteen years of making brimstone, vitriol, and allum, 89. , Lord, 15, 215 ; admitted Privy Coun cillor, 256. Forbes, feuds between clan of and Laird of Drum, 119. , of Blacklands, liberated, 257. , Mr John, convicted, 11 ; procedure against him detailed, 13, 14, 15. Forfar, 290, 291. , sheriff of, 291. , magistrates of, ordered to furnish ne cessaries for men and horse upon occasion of King's visit, 291. , town of, 291. Foulis, Sir David, sends principals of treaties with Burgundy, to be kept with records of Scotland, 334. , Thomas, 105 ; unsuccessful in his ap plication at Court, 106. Foullis, George, master of the mint, 368. Forres, burrow-mails of, claimed by the Earl of Murray, 101. Forrest, sheriff of the [Ettrick], negociation with him to surrender his sheriffship, 203. France, troubles increase there, 237 ; dearth of wines there, 295. Fugitives from trial, measures for their appre. hension, 556. Fyffe, see Fife. 624 INDEX. G. Gairlies, Lord, 191, 193, 317; commission to him to try a thief apprehended by him with the fang, 557. Galloway, Bishop of, agrees to settle Murray of Lochmaben's teinds, 139, 140 ; foundation and register of Chapel Royal to be delivered to him, 191; expected to attend general meet ing of bishops, 193 ; stayed by the storm, 198. , ministers murdered there, 273 ; sup posed murder there, 317 ; results of investi gation on the subject, 318, 319 ; pearls found in waters of, 446. , Mr Patrick, 326. , sheriff of, 317, 318. Gararie, 353, 359. Gardner, James, 180, 259 ; claims Controller- ship of Ordinance, 259, 260 ; accused by Sir Gideon Murray of being a debauched drunk ard, 260. Germanicus, 378. Geycht, Laird of, 118, 257, 259, 281, 282. Gichane, Isobel, 474. , William, pursues his wife for divorce, 474. Gibson, Sir Alexander, Lord Durie, 453, 463. Glasgow, 214, 276. , Archbishop of [John Spottiswood], 57 ; fearful that letters have miscarried, 106, 107 ; endeavours to reconcile Sir James Skene with his father and brother, 128 ; price of an office to be settled upon his re turn, 138; his concurrence asked to except certain teinds, 191; arrival uncertain, 193; proposed to succeed to Archbishop of St Andrews, 194, 196 ; present at the examina tion of the charges against the Parson of Dy sart, 195; [James Law], Commissioner of the Isles, 243 ; informed by Lord Binning of Queen's death, &c, 325; sick, 377; inti mates illness of Mortymer, the Jesuit, 476; consents to Patrick Walkinsha's surrender of the titularity of the teinds of Monkland and Calder to Lord Boyd, 569. Glasgow, merchant ship arrives from, arrives at Kirkwall, 151; supplies of ammunition obtained from, 151, 152; King passes through it on his return to England, 299; town of wishes to compound taxation for Palatinate, 438. Glass manufactory established by Sir George Hay, afterwards Earl of Kinnoul, 337, 342 ; proposed by Privy Council that the produce should be allowed to be imported into Eng land duty free, 338, 342. Glencairne, Earl of, James, proceedings against him stopped, 2; assaulted by the Setons, 17, 18. Glengarie, 215, 236, 248 ; his second son cap tured by rebels, 215; troubled by law-suit with Lord Lovat, 219; brother returns to his own country, 236. Glengarnok, Laird of, undertakes plantation of Ireland, 171, 172. Glenurquhy, 100, 536. Gloves and buskins sent by Viscount Annand as a present to the Earl of Melros, 497. Gold found in regality of Lincluden, 138; ex portation of punished, 442, 443. mines, 35, 36, 37, 38, 39, 40. Gordon, Alexander, 560. , Sir Alexander, 446. , of Lentush, John, petitions Privy Council, 128. -, Lord, promises to answer for Geicht's conformity, 258 ; wishes tack of Orkney, 365 ; conjoined in commission with Sir Ro bert Gordon to put down the Earl of Caith ness, 410; commission expede in his favour against Alan Makildowie, 429 ; present at funeral of James VI., 589. INDEX. 625 Gordon, Patrick, mode of adjusting his charges for procuring execution of Stercovius, 100. , Sir Robert, commission in his favour to put down rebellion of the Earl of Caith ness, 408, 409 ; Lord Gordon joined with him in it, 410 ; commission to him to search for pearls in Sutherland, 446 ; security in his favour, 530. Gorme of Sleat, Donald, 165, 215, 216, 218, 228, 229, 396. Gowns, the magistrates of Edinburgh charged to wear scarlet, 348 ; object, ib. ; prefer black ones lined with velvet, 349. Gowry, Earl of, 308. , matter of, 32 ; treason of, 502. Grahame, George, 200 ; Lord Chancellor's traf fic with him, 201, 202, 209 ; copy of his in structions, 605, 606, 607. , Robert, fugitated, 451. Gray, Lord, to receive three thousand pounds sterling for his sheriffship, 304. Grymmett, 112, 125. Guard, Scotish, 503, 504. Guid, John, surrenders kirk and steeple of Kirkwall upon condition of pardon, 148. Guns and pistolets, wearing of them punished, 119. Gygay, Donald, commander of the Isle of Jura, 597. H. Haddington, burgh of, disobeys the King's orders as to election of provost, 56. , priory of, gifted to Lord Binning's son, 325. , town of, convention of burghs to be held there, 328. Haig of Bemerside, James, complains to the King of partiality of the Chancellor and Se cretary, 260 ; explanations bj' them to the King, 260, 261. , William, letter to Lords Chancellor and Secretary, 255. Hairt, Sir William, his absence in England complained of, 52, 53 ; his decease, 284. Halcro, Patrick, offers to surrender, 148 ; con veyance in his favour by Robert Stewart, 150 ; Privy Council authorise the Earl of Caithness to spare his life till the King's plea sure be known, 155 ; bond to him, 175 ; confined in Castle Sinclair, 180, 183; gets a promise of his life, 183 ; to be brought to Edinburgh, 186 ; affection for Robert Stewart, 189. Haliday, James, Commissary of Dumfries, 465. Haliday, John, 253. Hall, John, 119. , Richard, obtains from Alexander Douglas his office as sergeant-at-arms, 345 ; transac tion informal, 345, 346 ; Privy Council in tercede with the King on his behalf, ib. Halyrudhous, see Holyroodhouse. Halywod, 546. Hamilton, 299. , Archibald, 474. , David, 172. , Sir George, petitions Privy Council, 180 ; submission between him and the Earl of Abercorn, 363. , James, 137, 139, 399, 525. , of Innerveik, James, married, 168. , Mr James, Commissary of Lanark, 87. , John, his residence in Scotland con cealed from Privy Council, 119. , Sir John, a Scotch Privy Council lor, present at funeral of James VI., 590. Marquis of, 33; comes to Edin burgh as King's High Commissioner to Par liament, 411, 412; proceedings of, 413,414, 4k 626 INDEX. 415 ; speech, 413 ; punishes some refractory persons who object to confirmation of the Church Articles, &c. &c, 424 ; consultation with Archbishop of St Andrews, &c. as to putting down opposition, 425 ; his speech upon termination of Parliament, 426, 427 ; suspected by Lord Melros of purposely ne glecting to write to the King, 428 ; appointed a Commissioner to treat on the making of the Wool, 501, 505 ; friendship confirmed be tween him and Viscount of Annand, 526 ; present at funeral of James VI., 589. Hamilton, Patrick, letters from his brother, Lord Binning, to him, 153, 161, 167, 169, 170 ; letter from his uncle Sir Gideon Mur ray to him, 259 ; to be informed of ru moured murder in Galloway, 318 ; solicits Viscount Annand to continue his favour to city of Edinburgh, 519. , of Priestfield, Sir Thomas, appointed a Lord of Session, 26. Mr Thomas, required to prosecute Sir T. Lyon, 1 ; summoned to attend meet ing for settling the West Borders, 2 ; ordered to desist from pursuit of the Earl of Glen- cairne, ib. Sir Thomas, summoned to a meeting of the Council in England, 5 ; letter to James VI. relative to the criminal proceedings against Mr John Forbes, Welsh, and other ministers, 10, 11 ; praises Earl of Dunbar for influencing the judges and jury, 11, 12; writes to the King relative to the regality of St Andrews, 23, 24 ; advises Sir John Skene to delete certain grants from his book of an tiquities, 25 ; thanks the King for appointing his father a Lord of Session, 26 ; his account of the proceedings of Sir Bevis Bulmer, 35, 36, 37, 38, 41,42; required to desist from pursuit of Sir Patrick Home, 62, 63 ; informs the King of the proceedings against Lord Bal- merino, 65, 66, 67; and against Lord Max well and Logan of Restalrig, 67, 68 ; thanked by the King for his zeal and ability, 70, 71 ; instructed to enter appearance in suits against the Earl of Errol, 71, 72; required by the King to bring suits between Lord Herreis and Sir Robert Douglas and James Maxwell to a speedy issue, 72, 73 ; thanked by the King for his dexterity in Parliament, 73, 74 ; desired to proceed against young Drumlang- rick, 89 ; ordered to propose nullity against Andrew Henderson's pension, but to take bond from Lord Scone to pay Henderson five hundred merks per annum, 90, 91 ; sug gests that before the Earl of Crawford be freed of ward, he should, from his being sub ject to evil advisers, be ordered to find cau tion, 97 ; remonstrates with the King as to the remission granted to Robert Abroche, ib. ; informs the King of the miserable degra dation of the Clangregour, 98, 99 ; proposes to the King that a larger allowance be given to the Earl of Orkney, 100 ; letter to the King as to Lord Murray's claims to the customs of the Spey, Findone, and Lossie, 101, 102; letters to John Murray, 105, 106, 107, 120, 121 ; desired by the King to consider an over ture for the pacification of the Highlands, 122, 123; proposal as to curing red herring remit ted to him by the King, 123, 124. See Bin ning. Hammiltoun, see Hamilton. Harden, 356, 429. , Goodman of, appointed sheriff of Sel kirk by the King, 429 ; can neither read nor write, 430 ; objectedto on this account by the Privy Council, 430. Hardincaple, see Ardincaple. Hariot [Heriot?], George, in fear of Earl of Nithsdale, 544. Harkness, Alexander, deadly hurt, 510. Harris, see Herreis. Hartsyde, Margaret, opinion of Privy Council how far her crime punishable, 49 ; proposed sentence on her, 50 ; restored to her fame by recommendation of the King, 344. Hautain, Monsr. de, 458. Hay, Sir Alexander, 55, 56, 64. , Francis, 399. , George, petitions the King for money said to be received by him belonging to his INDEX. 627 father, Andrew, Earl of Errol, 305 ; report by Privy Council on his claim, ib. Hay, Sir George [afterwards Earl of KinnoulJ, sets up manufactories of iron and glass in Scotland, 337, 343, 344; informs Sir Wil liam Keith, that upon certain conditions the diligence against him would be suspended, 479; the Prince's journey to Spain announced to him, 506 ; letter to the King, 511 ; orders given by him to warn the Hollanders' vessels not to meddle with the Dunkirk one in Leith Harbour, 513 ; goes himself to Leith, ib. ; unable to prevent the robbery of the Dun kirk sailors, 514; watches all night, 514, 515; comes again to Leith, 516 ; letter from Privy Council to him retative thereto, 548 ; present at funeral of James VI., 589. , John, sent to London, 234 ; a Commis sioner to treat on the making of the Wool, 501, 505; Clerk to the city of Edinburgh, 512. , Lord, claims the privilege of guarding the Parliament, 413. , Margaret, petitions the King for money belonging to her father, Andrew, Earl of Errol, 305; report by Privy Council on her claim, ib. , Robert, patent to be expede in his favour for making of red herring, 262. HayniDg, William, 546, 548. Henderson, Mr Thomas, promoted, 453 ; let ter to John Murray, 465, 466 ; thanks Vis count Annand, 471, 472. Henry, Prince, attempted to be taken from the charge of the Earl of Mar, 3. Henrye, Adam, executed, 452. Henryson, Andrew, pursues Lord Scone, 91 ; an annuity offive hundred merks to be paid himonLordScone'sbond,91. See Henderson. Hepburn, George, 529. Heralds, fees claimed by, 286. Heriot, George, complains of tacksmen of the customs, 34. See Hariot. Herodian, 379. Hemes [Harris], 165, 214, 218, 224. , Lord, suits between him, Sir Robert Douglas, and James Maxwell, 72, 73. Herring [Assise], claimed by the Duke of Lenox, 129. — , fourteen lasts of, paid as tack-duty by the Earl of Argyle to the King, 124. ¦_, red, 123, 262, 263; cured in Dunbar in 1609, 263, 350, 351. Herron, Master, in Chipseis, his cows stolen by Robert Eliot, Gib Eliot, and others, 586. Hieron, King of Sicily, 377. Hietas, 452. Highlands, commission by King James VI. for pacifying the, 122, 123; state of, 232; de scription of wretched state of, 273. Holderness, Earl of, 502, 503. Holland wauchter's engagement with a Dun kirk ship in Leith Roads, 457 ; further hostili ties prevented, 458 ; various particulars as to, 468, 469 ; required by Scotch Privy Council not to molest the Dunkirk ship, 488, 489 ; refused, 489 ; summoned by heralds, 490 ; proceedings before Privy Council relative to, 497, 498, 499 ; fire upon and ultimately burn the Dunkirk ship, 513, 514, 515, 516, 517, 518. Hollanders claim liberty of fishing off Scots coast, 130 ; objected to by some of the Fife burrows, 304. Holyroodhouse, 284 ; chapel of rebuilt and furnished, 298. , palace of, James VI. arrives there, 299. Home, Countess op, 370, 550. , Earl of, 140, 26S, 289; ordered to meet James VI. and convey him to Dunglass, 289, 290; King visits him, 299; articles agreed between him and John Steuart, 370 ; marriage, 403, 404 ; objects to presentation to George Quhytehead of lands of Northfield of Coldingham, 550 ; appointed by Privy Council to give in his reasons in writing, 551 ; present at funeral of James VI., 589. , Sir George, 433. , Sir Patrick, 62, 63. of Renton, Alexander, 92 ; objects to Laird of Cumlege being sheriff of the Merse, 268. 628 INDEX. Home, Robert, 495. Hoome, see Home. Hope, James, brother to Sir Thomas, fifty merks worth of gold thread taken from him, 546. [Sir Thomas], a learned and experienced lawyer, retained by Margaret Hartsyde, 50 ; to settle transactions between John Murray and John Maxwell, 87, 88, 433, 434; opinion taken, 250 ; deals for Earl of Caithness, 428 ; consulted as to Lord Mar's renuncia tion, 456, 463 ; spoken to as to Lord An- nand's decreet against Captain Johnston, 495 ; declines acting for Lord Annand in a process of improbation, 496 ; cannot get do cuments from Earl of Nithsdale, 528 ; as sures Lord Melros that Lord Viscount An- nand's securities are correct, 530 ; Lord Nithsdale writes to him, 544 ; letter hy him to Viscount Annand, 545 ; solicits his Lord ship to get his brother James Hope's goods restored, 546 ; Lord Chancellor to propose his signature to the King, ib. ; delays finish ing contract of excambion, 548. Huntair, 510. Hunter, William, 368 ; killed, 369. Huntingtour, woods, &c. destroyed, 6; rents of intromitted with, 308. Huntly, Marquis of, 28 ; in ward, 47, 56 ; reports that there are no disorders in the north, 119; decreet-arbitral between him and the Earl of Errol, 128; desired to bring the Laird of Geicht to Edinburgh, 257; consents to registration of decreet-arbitral, 296; agreement with Earl of Errol, 296, 297 ; Earl of Angus dissuaded from craving vote before him, 376, 381 ; nature of the claim of Angus, 389. Hutonhall, Laird of, 403. I. Ilanoursa, 235. Inchedaholl, 235. Indian trade, 335. Innerary, 548. Innernock, 233. Inverness, Mr Robert Bruce confined there, 445. Inverugie, 317. Ireland, conference between Privy Council and Earl of Abercorn, Lord Ochiltrie, and Sir William Seton, as to ports to be as signed for passage between Scotland and, 103 ; plantation of, 171 ; Lochinvar ac quires Broughton's lands there, 251 ; Scots merchants complain that their trade is im peded with, 310; representation by Privy Council as to obstacles in trading with, 310, 311 ; influx of idle persons from, 555 ; pre cautions taken to prevent it, 556. , Lord Deputy of, application to him solicited for apprehension of the capturers of the Peragon of Leith, 369. Iron, manufactory established in Scotland by Sir George Hay, Lord Clerk Register, 337. mills, none in Scotland, 61. Iruine, William, killed, 175. Irwing, Alexander, in Boydkin, fugitated, 451. , Christopher, fugitated, 451. , George, executed, 452. , Gib, fugitated, 451. , Gilbert, executed, 452. , John, alias Little Boy, fugitated, 451. , Ritchie, executed, 452. , of Robgill, Jaffray, fugitated, 451. , Sir William, 333. , of Woodhous, Richard, fugitated, 451. Islay, forces to assemble there, 48; bishop lands there, 165 ; offered in feu to the Laird of Cadell, 170; terms offered by the rebels there, 178, 179; inhabitants refuse to pay INDEX. 629 tack-duty, 180; Coill Makgillespik goes there, 217; Sir James M'Donald and he surprise Dunyvaig, 220, 221, 222, 223, 224 ; inhabit ants join rebels, 229 ; rebels there put down, 233, 236, 237, 238, 239, 240, 241 ; further particulars, 594 to 607; people all popish there only one minister in island of, 606 ; Oe of, 604 ; rebels' boat sunk there, 606. Isles, affairs of, 28 ; North Isles, ib. ; West Isles, ib. ; necessity of expedition there, 45 ; vessels arrested to transport troops there, 46 ; North Isles, Assise of herring claimed by the Duke of Lenox, 129; recommended to be feued, 170; proceedings there, 211 to 249 ; almost subdued, 446 ; farther particu lars, 594 to 607. Isles, Bishop of [Andrew Knox], 49; services commended to the King, 53, 54 ; letter of censure from Lord Binning, 594; writes to Lord Binning, 164; proceeds to the isles, ib. ; lands in Isla, 165; attempt to obtain pos session of Dunyvaig, ib. ; his boats spoiled by the Clandonald, ib. ; out-witted by the rebels, 166 ; his son and nephew taken by rebels, 201; letter from Sir James M'Coneil to him, opened in presence of Archbishop of St An drews, &c, 213. James I., King, ransom paid for, 422. II., grants the Golden Charter to the Bishop of St Andrews and his successors, 24 ; clauses in, ib. ; ratified by Parliament, ib. III., confirms the Golden Charter to the Bishop of St Andrews, 24. V., institutes College of Justice, 278; Thomas Scot, Justice Clerk to, 484. VI., to Mr Thomas Hamyltoun, 1, 2; summons Sir T. Hamyltoun to England, 4; obtains a subsidy, 19; explanations given by Privy Council for not meeting one day in each week, — as to the increase of Popery, — and to the rumoured discontent at taxation, 20, 21, 22, 23; displeased with Privy Council for putting the Earl of Athol in ward, 30, 31 ; his order as to election of Provost of Had- dingtoun disobeyed, 56 ; requires Sir Thomas Hamilton to desist from pursuit of Sir Patrick Home, 62; informed of proceedings against Balmerino, 65, 66, 67; against Lord Max well, 67; against Restalrig, 67, 68; thanks Sir T. Hamilton for his zeal and ability, 70, 71; instructs Sir T. Hamilton to enter ap pearance in the actions brought against the Earl of Errol, 71, 72; desires Sir T. Hamil ton to bring the suit between Lord Herries and Sir Robert Douglas, and James Max well, to a speedy issue, 72, 73; thanks Sir Thomas Hamilton for his ability and dexterity in Parliament, 73, 74 ; declares the places of the four extraordinary Lords of Session to be vacant, 76 ; desires the Council to grant privilege, of making brimstone, alum, and vitriol, to a Fleming, 89 ; informed of pro ceedings relative to Sir A. Seton's assump tion of the title of Eglinton, 113, 114; discontent with present government of Scot land, 117; desires Sir Thomas Hamilton and Sir Gideon Murray to consider an overture for pacifying the Highlands, 122, 123; pro posals for curing red herrings made to him, 123 ; remits the proposal to Sir T. Hamilton and Sir G. Murray, 124; rental of the Bishop of Orkney reported to him, 141 , 142 ; unwilling to pardon Robert Stewart, 169; leet of shireffs sent to him, 172; report transmitted as to the adjustment of disputes between the Clerk Register and Mr Alex ander Skene, 173, 174; proceedings in the 630 INDEX. Isles reported to him, 178, 179; orders exe cution of Sir James Makoneill to be stayed, 187; solicited by the Lords of Council and Session to alter the time of the sitting of the Court, 191, 192; grants Keepership of the game of Moorerowmond to Sir John Lindsay, 196; objected to by Privy Council, 197; writes Shireff of the Forest to renounce his office, 203 ; solicited by Privy Council to con sider the case of John Stewart, 206 ; informed of capture of Dunyvaig, 222, 223, 224; of proceedings against rebels, 223; Lord Binning reports proceedings in Scotland to him, 256, 257 ; Lords Chancellor and Secre tary's letter to him vindicating themselves from James Haig's charges, 261 ; Privy Council write him as to Robert Hay's patent for making red herring, 262, 263 ; as to Lord Sanquhar's succession, 264, 265 ; prepara tions made by Privy Council for the King's reception in Scotland communicated to him, 265, 266; Lord Binning to him on the same subject, 267; debates of Privy Council as to King's visit, 271, 272; his rents bestowed in purchase of Orkney, 274; arrangements for his visit, 281, 282, 283, 284, 287, 288,. 289, 290, 291 ; his stuffs arrive from England, 291, 292; proclamation objected to by some of the Privy Council, 294; his orders relative to the borders give great satisfaction, 296 ; account of his progress through Scotland by the Earl of Dunfermline, 296 to 303 ; furni ture, silver work, &c. sent by him to Scot land, 299; attends the Court of Session, where several causes are heard before him, 301 ; Privy Council reports to him upon claim for George and Margaret Hay, 305, 306 ; orders the fishing of the Hollanders to be interrupted, 306 ; Privy Council recom mend the case of Sir James Weymis to him, 308 ; complaint made to him by Council that the Scotch merchants meet with improper obstacles in their trade with Ireland, 310, 311; Council report to him as to claim by the relict of William Murray to the rents of Cornetoun, 313, 314; also as to proceedings against Ross for libel, 314; Lord Binning informs him of trial and sentence, 315, 316; case of Thomas Lotheane represented to him, 322, 323, 324 ; his Queen dies, 324 ; offended that the Privy Council have not taken up the matter of navigation and em ployment of country ships, 327, 328; informed that the Royal Charles is to be displenished and laid up in harbour, 329; informed of Sir James Skene's excuses for not communi cating on Easter day, 331 ; fists of shireffs transmitted to him, 332, 333; informed of the Laird of Drum's obstinacy, 333, 334; receives copy of the treaty of peace with Burgundy in 1551, 334; claims teind and assise from foreign busses, 335 ; informed of death of Sir Alexander Drummond, ib. ; solicited by Privy Council to allow Scots glass to be imported duty free into England, 338, 342, 343 ; requested to order meeting of English and Scotch Border Commissioners, 339 ; Privy Council remonstrate with him as to new coinage as against treaty of union, 340, 341 ; applied to by Privy Council to admit Richard Hall as a sergeant-at-arms in place of Alexander Douglas, 345, 346; in formed of the proceedings of Privy Council relative to employment of country ships, 346, 347, 348; orders the Magistrates of Edinburgh to wear scarlet gowns, 348 ; their objections to this, 349 ; to Provost's wearing gold chain, ib. ; discussion before Privy Council as to the patents for curing red her ring communicated to him, 350, 351; in formed of abuses in tanning, 352, 353 ; of proceedings against the Maxwells of Gararie, 353, 354, 355, 357, 358 ; orders proclama tion to be made against the Scots coming to England to importune and ' fash' him, 358, 359 ; proposes by his own authority to im prison, 360; explanation given by Privy Council as to supposed contempt of the royal authority, ib. ; representation to him as to general poverty throughout the king dom, 361 ; introduction of foreign coin pro posed, 362 ; informed that the Earl of Aber- INDEX. 631 corn and his mother are not inclined to go into submission with Sir George Hamilton, 363; Lord Gordon's proposals for tack of Orkney and Zetland reported to him, 365, 366 ; the Privy Council return their opinion to him as to introduction of cloth and other manufactures into Edinburgh, 366, 367, 368, 386, 387 ; seizure of the ship Peragon of Leith by Myles Burke reported to him, 368, 369, 370 ; informed of proceedings in sub mission by the Earl of Home, his mother, and John Steuart, 370, 371, 372 ; value of foreign coin reported to him, 372, 373 ; de sires voluntary contribution for the Palatinate, 373, 374 ; dispute as to precedency between the Earls of Nithisdale and Angus reported to him, 375 ; proceedings relative to contri bution for Palatinate, communicated to him, 376, 377, 378, 379, 380, 381, 382 ; informed by Privy Council as to investigation of dis putes between Pitcairn of Pitlour and Lord Scone, 383, 384; requested to remonstrate with French Court for questioning Peter El- phinston's genealogy, 384, 385 ; writes Privy Council urging a voluntary contribution for the Palatinate, 387 ; answer by Privy Coun cil, 387, 388 ; various matters communicated to him by the Earl of Melros, 388, 389, 390; objects to any taxation, 389 ; Archbishop of St Andrews to communicate to him the re sult of the meeting on the subject, 391 ; informed that meeting of Parliament pro claimed, 392, 393 ; various suggestions as to proposed taxation made to him by Earl of Melros, 394, 395 ; diminution of his rents and casualties, 396, 397; Lord Melros mentions error in former letter to him, 397, 398 ; proposals to erect beacons in the Forth submitted to him, 400, 401 ; Privy Council remonstrate with him as to remission in favour of Macdonald and Mac- Ranald, 401, 402, 403, 447, 448, 449; requested by Privy Council to interfere for protection of Scotch factors in France, 406 ; particulars sent to him as to rebellion of Earl of Caithness, 407, 408, 409, 410; proceedings in Parliament communicated to him by the Earl of Melros, 411, 412, 413, 414, 415, 416; informed that taxation granted, 421, 422 ; that church articles allowed, 423, 424 ; farther proceedings in relation to the church articles detailed, 425, 426, 427 ; his appoint ment of the Goodman of Harden as shireff of Selkirk objected to, 429, 430; Robert Bruce's petition submitted to him, 431, 432; Privy Council inform him of various matters, 434, 435, 436, 437; proposition from City of Glasgow as to taxation submitted to him, 438; Privy Council report to him their opinion on Monteith's offer for lease of Ork ney, 439, 440 ; his gift of pension to Lord Kinclevin objected to, 441 ; his grant object ed to, 442 ; applied to on behalf of Robert Bruce, 444, 445 ; orders search for pearls, 446 ; informed of proposed arrangement between Cultmalundie and Monyvaird, 449, 450; commands the Dunkerker vessel in the harbour of Leith to be treated in a friendly manner, 456; naval engagement between a Dunkirk vessel and two Dutch ones, and subsequent proceedings communi cated to him, 457, 458, 459, 468, 469, 488, 489, 490, 497, 498, 499, 500, 512, 513, 514, 515, 516, 517, 521, 522, 523, 524, 533, 534, 535, 540, 541 ; remonstrance by Lords of Session against orders upon Lord Durie to plead in Lord Mar's case against Lord Elphinston, 463, 464, 465 ; li st of Justices of Peace sent him, 466, 467 ; alleged sub ornation in a divorce case, and relative pro cedure communicated to him, 474, 475, 476 ; informed of illness of Mortimer the Jesuit, 476 ; of the delivery of the Great Seal by Earl of Wintown, 477, 478 ; applied to by Sir William Keith for liberation, 480, 481 ; ex planations on subject of Keith's imprisonment made to him by the Privy Council, 48 1 , 482 ; also as to the wool trade, 485, 486, 487, 490, 491, 492, 493, 500, 501, 505, 520 ; informed of negocjations with Kellie as to surrender of lands, 502, 503; Lord Colville recom mended to him by Privy Council, 503, 504 ; informed by Lord Melros that he has ordered Mr William Struthers to desire his colleagues not to allude to Prince Charles' journey to Spain, 506, 507 ; orders exemption of Lord 632 INDEX. Johnstoun from Earl of Nithsdale's commis sion to be deleted from the Privy Council record, 509; informed of altercation between the Johnstons and Maxwells, 509, 510; let ter from Lords Chancellor and Secretary to him, 511; from Lord Melros to him, 512; solicited to permit additional copper coinage, 526, 527, 528; list of Justices of Peace transmitted to him, 530, 531; James Scot recommended to him, 532; informed of ap prehension of Duncan Moyle Campbell, 535, 536, 537; letter from Sir William Seton to him, 539, 540; presentation by him of lands of the Northfield of Coldingham to George Quhytheade, 550; objected to, 550, 551 ; ad vised by Privy Council to feu Orkney for the duty presently payable, 554; proceedings at meetingof the Commissioners of Middle-shires communicated to him, 554 to 558; letter by Sir James Spens to Privy Council transmitted to him, 558, 559; grants license to the Earl of Nithsdale to travel, 559, 560; informed of cap ture of two vessels with corn, 56 1 , 562 ; of Ro bert Boyd's vindication before Council, 563, 564; of fire in Dunfermling, 565; of exami nation of the tacksmen of the kirks of Monk- land and Calder, 569, 570; of proceedings against James Arnot, 571; displeased with what was done in Rig's matters, 572 ; expla nations to him on the subject, 573, 574, 575, 576; orders Council to stay diligence of Earl of Nithsdale's creditors, ib. ; pro ceedings in consequence communicated to him, 577; informed of trial and examin ation of Robert Eliot, 580, 581, 582; of disputes between the Earl of Home and Lord Gray of Wark, 582, 583; of search for conventicles, 584, 585 ; informed that the Earl of Roxburgh will obey his order not to proceed farther against Francis Stuart, 587, 588 ; informed of opposition to the signature in favour of the Earl of Argyle's second son, 587, 588 ; list of Scots nobility present at his funeral, 589, 590. Jedburgh, 578, 579. , Master of, disputes between him and Sir William Seton and the Earl of Nithsdale, 538, 539, 540. Johnstoun, feud between the name of and the Maxwells, 509, 510. , , daughter of the late Laird of, Lord Maxwell offers to marry her, 110. . of Brackenside, James, declared fugi tive, 451. , Captain, Viscount Annand obtains decreet against him, 495. -, Edward, in Siefield, declared fugitive, 451. of Eschiescheills, slain, 38. of Howgyl, report of his slaughter false, 119. -, James, in Croftheads, declared fugi tive, 451. ¦ — , James, in Lochhous, declared fugi tive, 451. , Laird of [the Elder], murdered, 59 ; [the Younger] insists for punishment of Lord Maxwell, 108; offers made to him, but re jected, 110; John Murray wishes him to de lay his marriage, 469, 470; thanks Vis count Annand for his friendship, 472; his exemption from the Earl of Nithsdale's com mission ordered to be deleted, 509; appointed to be heard by Privy Council on the subject, ib. ; his answer, 509, 510; friendship be tween him and Earl of Melros, 525 ; commis sion granted to him to try a thief apprehended by him with a fang, 557. , Old Lady, insists for punishment of Lord Maxwell, 108 ; offers made to her, but rejected, 1 10. of Locarbie, William, pursued by John Maxwell, 510. Jonkeene, David, 498. Joussie, John, 127. Jura, 204, 229, 597, 598. Jury, packed by the Earl of Dunbar, 11, 12. Justice-Clerk, Sir Archibald Napier appointed, 551. Justice-Depute, has salary of five hundred pounds Scots, 552. Justices of the Peace, list of sent to the King, 466,530,531. Justiciary, Lords of, induced by the Earl of Dunbar to convict Mr John Forbes, Welsh, and others, 11. INDEX. 633 K. Keanloch Wood, King's house there, taken, 229. Keith, Francis, petitions for liberation, 475, 481 ; liberated upon caution, 482. , Sir William, imprisoned, 478, 479 ; his letter to the King, 480. Kellie, Earl of, 446, 454 ; a Commissioner in the matter'of the Wool, 501, 505 ; present at funeral of James VI., 589. , Tibot, alias Duff, 369. , William, required to give up lands he purchased from Lord Holderness, 502. Kelwode, Laird of, insists in his pursuit against the Earl of Cassillis, 103 ; obtains sentence against him, 111; prosecuted by the Earl of Cassillis, 112; account of the proceedings, ib. ; further proceedings against, 125, 126 ; ward ed in Blackness Castle, 126. Kennedy of Bargany, Thomas, pursues Sir William Steuart for payment of his mother's tocher, 205. , Gilbert, apparent of Bargany, mar ried to Jean Steuart, 205. John, suspected of murder, 317 ; examined, 317, 318 ; dismissed, 319. Ker, Andro, uncle to the Earl of Lothian, 133. — , Sir Andro, 555 ; as a Scotch Privy Coun cillor present at funeral of James VI., 590. Kilberrie, 236, 244. Kildrymmie, law-suit between Lords Mar and Elphinston as to lands of, 463. , Lord, 108. Kincardin, shireff of, 290. Kinclevin, Lord, his pension objected to, 441 ; present at funeral of James VI., 590. Kilduff, Richard, 369. Kinfawns, Laird of, murdered, 22. — — — , ordered to transport Earl of Craw ford, 284. King, Alexander, a learned lawyer, retained by Margaret Hartsyde, 50 ; some of the evidents of Lincluden in his possession, 253. , James, of Barrogh, 326 ; proposed that the King should pardon him for the murder of Alexander Seton, apparent of Meldrum, 326, 327. Kinghorn, Earl, his recovery expected, 250; dies, 252 ; his sister marries privately, 318. Kinloch, David, apprises sheriffship of Murray, 466, 467. Kinnaird, 287, 290, 291. Kintail, Lord, 216, 446. Kintyre, 228, 229, 231, 235, 236, 240, 241, 245, 248. , Earl of Argyle infeft in, 28 ; occu pied by rebels, 231 ; infeftment in favour of the Earl's eldest son of the second marriage objected to, 587, 588. , Mull of, 231. Kirkhous, 118,545. Kirkmichel, reconciled to Drumlanrig, 89. Kirkonnell, 139, 249, 555. Kirkpatrick, minister's house burnt, 547 ; those suspected sent to Edinburgh, ib. Kirkwall, 143, 186. , Castle of, 1 43 ; one of the turrets nearly destroyed, 144 ; very strong, 149; an ornament to the town, 185, 186 ; proposed to be demolished, ib. Knights' fees, 286. Knockfergus, Sir Oliver Lambert stays there to get timber, 597. Knoddort, 215. Knox, Mr Thomas, brings remission to Coll Makgillespik, 204. Kynnaird, see Kinnaird. Kyntail, see Kintail. 4l 634 INDEX. L. Lag, Laird of, assists Drumlanrick, 455; in Edin burgh, 508 ; agrees with Sir John Seton and Master of Jedburgh against the Earl of Niths dale, 538, 539 ; absent from meeting of Com missioners of Middle-shires, 555. Lambert, Sir Oliver, Commander of the Irish forces, sails for Isla, 597 ; journal of his pro ceedings, 597 to 604 ; summons to the rebels, 605. Lamington, Laird of, 87, 105. Lammermure, 404, 405. Langsyde, 451. Langton [Cockburn of], sent to Castle of Edin burgh for claiming to be King's Usher, 413. Lauder, Robert, 525. Lauderdale, Earl of, present at King James VI. funeral, 589. -^— , Viscount of, made a Privy Coun cillor, 256 ; appointed to meet James VI., 290 ; to go to Strathern, 525. Laundress, King's, dies, 292. Lawers, Laird of, 100, 107, 233, 588. Leather, abuses in tanning, 352, 353. , price kept up by tanners, 46. Leith, 287, 295, 488, 489, 497, 498, 512, 513, 514, 515, 521, 522, 523, 533, 534, 540, 548- , a principal sea-port, 78 ; gift to Ber nard Lindsay of the ijnpost of the tavernars there, 102, 104; commission sent to com plain of the burgh of Edinburgh from, 234 ; Edinburgh merchants waylaid on the road to Leith, 273 ; safe arrival of ship with the King's furniture in harbour, 291 ; engage ment between two Dutch and one Dunkirk vessel in Roads of, 457, 458 ; further par ticulars, 468, 469, 497, 498, 499 ; inhabit ants plunder the Dunkirk sailors, 514, 522. Lennox, Duke of, Lord of the regality of St Andrews, 24 ; taxmen of customs cited be fore, 34 ; claims assise herring of the North Isles, 129 ; named a Commissioner to treat upon the matter of the Wool, 501, 505 ; pre sent at funeral of James VI., 589 ; letter from Privy Council to Charles I. as to his affairs, 592. Lesmoir, Laird of, his cattle houghed, 31. Leuiston, see Levingston. Levingston, William, 167. Levinus, Roman consul, advice to the senators, 379. Lewcope, Robert, 368 ; killed, 369. Lewis VII. King of France, repudiates his wife, 379. XIII., promises to re-establish the Scotish Guard, 503, 504. Lews [Lewis], Island of, 216. Linclouden, regality of, gold found there, 138 ; evidents of in the hands of various persons, 253. Lindsay, Bernard, obtains gift of impost on the tavernars in Leith, 102, 104. , Sir John, obtains a signature of the keepership of the game of Moore-Rowmond, 196 ; stayed by Privy Council, 197. -, slaughter of, 428. Linlithgow, Earl of, present at King James VI. funeral, 589. Litster, George, acquitted, 452. , William, acquitted, 452. Littell, Walter, executed, 452. Littill, Alexander, acquitted, 451. , John, acquitted, 451. , Mathew, in Newlands, acquitted, 451. Livingston, Lord, disputes between him and the Earl of Perth, 297. Locarbie [Lockerbie], 510. Lochaber, 215, 216, 235, 240, 248. Lochbuy, Makclean of, 216. Lochgorme, House of, 243. INDEX. 635 Lochgorme, Isle of, 236. Lochhous, 451, 452. Lochinvar, Laird of, 87 ; kills his servant, 118; cautioner for John Murray, 121; money mat ters between them, 137, 139 ; disputes be tween him and Lady Broughton, 251, 255; intends keeping sureties of Markill, 252 ; his son comes to Edinburgh, 434 ; expected in Edinburgh, 483 ; nothing done in his busi ness, 487. Lochquhabber, see Lochaber. Lodinnis, in Islay, 235. Logane, 452. Logy-Almond, 305. London, Commissioners sent there as to dis putes relative to the Wool trade, 490. Londoners, forbid feasting in consequence of misfortunes of the King's grandchildren, 415. Lords' fees, 286. Lome, 225, 322. , Lord op, infeft in the whole Argyle estate, excepting Kintyre, 588 ; recommend ed to Charles I. for his conduct against the rebels of the Claneane, 591. Lossie, customs of the waters of, claimed by the Earl of Murray, 101. Lothean, see Lothian. Lotheane, Thomas, 322 ; his ship seized for the use of the King of Denmark, 323 ; imprisoned, 322, 323 ; application to the King on his behalf by the Privy Council, 322, 323, 324. Lothian, Barons of, complain against burgh of Edinburgh, 56 ; complain of scarcity of money, 361. , Burgesses of, 367. , Earl op, 133, 136, 290, 513. Lovat, Lord, suit with Glengary, 219; bur dened with ingathering the taxation of his sheriffdom, 467. Low-Countries, captain of a coal ship from, seized and committed to Edinburgh Tolbooth, 295. Lowmonds, proposed to be feued to John Mur ray, 190, 191. Lowthian, see Lothian. Ludquharne, 478, 479, 481. Lummisdeane, Thomas, lands gifted to him, 27. Lundie, 233 ; Laird of, objects to infeftment in Kintyre in favour of the Earl of Argyle's eldest son of second marriage, 588. Luss, 100. Lyncluden, 299. Lyndsay, Barnard, 102, 104, 259. , Robert, obtains the comptrollership of ordnance, 259 ; dies, ib. Lyntoun-boiggis, 290. Lyon, ford of, 212. Lyoun, Sir Thomas, merits deprivation, 1. Lyttell, Archibald, fugitated, 451. Archie, 452. Thomas, in Barkclaes, acquitted, 452. Thomas, in Dowglen, acquitted, 452. M. Macdonald, Sir James, offers caution, 28; pur sued for breaking out of Edinburgh Castle, 38 ; complains of imprisonment in Edinburgh and Blackness Castles, 131; his execution stayed, 187; pursued, 211, 212; substance of his letters, 213, 214; comes to Lochquha- ber, 215, 216; pursued, 217, 218, 219; sur prises Dunyvaig, 220, 221, 222, 223, 224; letter to Lord Binning, 226, 227; would rather die than see a Campbell possess Islay, 227 ; escapes from Argyle, 235 ; lands in Ire land, 245, 247; obtains remission, 401; ob jected to by Privy Council, 402, 447, 448; his bastard son lands from Dunkirk ves sel, 514; Earl of Nithsdale applies to the Earl of Annandale on his behalf, 56 1 . Macers, fees claimed by them upon creation of noblemen and knights, 285, 286. Mackeain, Donald Gigaith, joins rebels, 229. Mackynnoun, Laird of, 216. 636 INDEX. Madertie, Lord, present at funeral of James VI., 590. Mairtene, Adam, convicted, 452. Robert, 452. Maitland, Patrick, of Auchincreif, commission to him to search for and receive pearls, 446. Makbraire, Robert, 87, 250, 251, 253, 432, 443, 547, 548; dispute with Robert Corsan, 432, 433. Makcleane of Lochbuy, 216. Makcloyde, Neil, dies penitently, 104. of Herreis (Harris), sets out for Court, 104; refuses to assist Bishop of the Isles, 165. Makgillespik, Coll, remission to, 204; comes to the North Isles, 215; passes to Isla, 217, 218; surprises Alexander M'Dowgall, 220; pursuit of, 223; surrenders Dunyvaig, 235, 236; gets conditions, 237, 238, 239. Makgregour, see Clangregour. Makildowie, Allan, 429. Makkenye, 215. Makneil, Hector, 230, 232. of Thyneis, letters to Lord Binning, 220, 229. Makoneil, Sir James, see Macdonald. Maksorle, Sir James, 216. Manufactures, introduction of into Edinburgh, 366, 367, 368, 386, 387. Mar, Earl of, complains to Privy Council of attempt to remove the Prince from his charge, 3; arrangement with Archbishop of Saint Andrews, 269; his vote for taxation carried, 277 ; named Treasurer, 298; ordained to se cure Lord Gray price of his sheriffship, 304 ; in Inverrugie, 317; letter to the King, as to James King's remission, 326 ; concurs in con tribution for Palatinate, 378; meeting between him and Archbishop of Saint Andrews, Lord Chancellor, and Secretary, 394; urges strong reasons for taxation, 421, 422; return from Alloa expected, 455; arrives in Edinburgh, 456 ; renounces claim as heir of Earl of Dou glas, 463 ; meets with Lord Johnstoun, 473 ; applied to for Viscount Annand's precept, 508; present at funeral of James VI., 589. Marchinstoun, Laird of, present at Council, when the King's letter urging voluntary con tribution for Palatinate received, 387. See Naper. Markill, 252. Marshall, Earl, present at funeral of James VI., 589. Martine, Andro, 175; disclosures by, 184; craves mercy, 185. Mary, Queen of Scots, confirms the Golden Charter in favour of the Bishop of Saint An drews, 24. Masoun, Captain, 129. Massilian women sell their hair, 380. Mathie, James, wounded, 18. Maull, Patrick, obtains rights to his teinds, 33. Maxuel, see Maxwell. Maxwell, Alexander, 487, 547. , of Castlemilk, John, shoots the Laird of Wamphrae's servant, 510; commits other outrages, ib. , of Conhaith, John, 85. Dame, proposal to marry her to the Laird of Johnstoun, 111. of Hills, Edward, 86. Harbert, 483, 487. , James, 284. , James, suits between him and Lord Herries, 72, 73. , of Kirkonnel, James, 105, 555. -, John, matters arranged between him and John Murray, 87, 88, 105. -, Lord [John, seventh], pursued for breaking out of Edinburgh Castle, 38 ; slays two of the Johnstouns, 38, 39 ; burns houses, 59; murders Laird of Johnstoun, 59, 60; for- faulted, 67; letters relative to, 106; attempts settlement with the Johnstouns, 108, 109; offers made by him, 110, 111; place of his reset not known, 118; alleged burial a ca lumny, 119; beheaded, 121; [Robert, eighth Lord], speeches between him and Earl of Melros, 433. See Nithsdale. Robert, 109. Maxwelheugh, 579, 581. Maxwells [of Gararie], proceeding against them for murder, 353, 354, 355, 357, 358. INDEX. 637 May, Laird of, 146. , young, 181. Mayboill, town of, 125. M'Alester, John, 222. M'Clane, slaughter of, 402. M'Cleud [M'Leod] of Herreis, 218. M'Coneil, Archibald, escapes, 22. , Sir James, see Macdonald. , Angus, offers caution, 28. M'Donochie, Alexander, 222. M'Doull, Alexander, 221, 222. , Coill, 221, 222. , Duncan, 222. , John, 221 . , Sorill, 221. M'Dowgall, Alexander, 220. M'Duffie, 244. M'Duphe of Collinson, joins rebels, 229. M'Ean, M' Allan, Captain of Clanronald, 216, 217, 218, 219. , of Ardnamurchay, 218. , Coill, 222. , Ewir, 222. . , John, 222. M'Eandny, Allan, a wicked lymmar, 448. M'Gillichallum, John Dow, houghs eight score nolt of the Laird of Lesmoir, 31. M'llvane of Grymmett, John, younger, prose cuted by Earl of Cassillis, 112, 125. M' James, Sorle, 235, 248. M'Karie, 245. M'Len [M'Lean], 165. M'Leod, Sir Rorie, of Harris, account by him of proceedings against the rebels of Islay, 214, 215, 216, 217; letters from Lord Bin ning to him, 224. M'Oneil, see Macdonald. M'Patrick, Robert, 536. M'Ranald, 211, 235, 245, 248; obtains remis sion, 402 ; objected to, 402, 447, 448, 449. M'Rannald, 215, 219. Meffen, 211. Meidope, Lord, 220; dies, 335. Meldrum, Laird of, 326. Melros, Earl of, Lord Binning, created Earl, 327 ; letter relative to James King's remis sion, 326, 327 ; transmits list of justices to the King, 332, 333 ; can get no satisfaction from Irving of Drum, 333 ; transmits copy of treaty with Burgundy in 1551 to the King, 334 ; requests the King not to fill up Lord Meidhope's place until some fit person be found, 335 ; letter to the King as to nomination of Sir William Seytoun as a Justice of the Peace for Haddington, 336 ; informs the King, as recommended by him, that Margaret Hairtsyde is restored to her credit, 344; receives letter from the King, 360; urges the Earl of Abercorn and his mother to submit differences with Sir George Hamilton, 363 ; writes to the King as to the disputes between the Earls of Nithsdale and Angus relative to precedency, 375, 376 ; re ports proceedings to the King as to the con tribution for the Palatinate, 376 to 382; speech on the subject, 378, 379, 380; praises Queen of Bohemia, 379; writes to the King as to precedency of Nithsdale and Angus, Palatinate contribution, &c. 388, 389, 390 ; mentions that the meeting for discussing the contribution had taken place, and that the Archbishop of St Andrews was to proceed to Court to inform the King, 391, 392; meets with Archbishop of St Andrews, 394; suggestions as to mode of raising contribution for Palatinate, 394, 395 ; desired to frame a letter to the estates, 395 ; acquaints the King with an error in his for mer letter, 397, 398 ; writes to John Murray, 398 ; letter to the King as to Earl of Home's marriage, 403, 404 ; to John Murray as to bargain with Laird of Bass, 404 ; apprehends two mad parsons, 412 ; details proceedings in Parliament to the King, 411, 412, 413, 414, 415, 416 ; informs the King that the taxation allowed, 421, 422; that Church Ar ticles allowed by the Lords of Articles, 423 ; further details, 425, 426, 427; letter to James Douglas, 428 ; to John Murray, asking his influence for Sir John Scot, 431 ; to John Murray, as to riot in Dumfries, &c. &c, 432, 433, 434; acquaints the King with 638 INDEX. result of search for pearls, 446, 447 ; re quests Murray to thank the King for pro moting Mr Thomas Henderson, 453, 454; intimates Chancellor's illness to Murray, 454, 455 ; informs the King of the naval engage ment between a Dunkirk and two Dutch vessels, 456, 457, 458, 459 ; intimates Chancellor's death to John Murray, 459 ; wishes proper successor appointed, 46 1 , 462 ; letter from John Murray to him, 469; in forms Lord Johnstoun of Viscount of An- nand's friendship, 472 ; informs Lord Annand that Lord Johnstoun well pleased, 473; note by him as to Sir William Keith's imprison ment, 478; letters to Viscount of Annand chiefly as to private matters, 483, 487, 494, 495, 496, 508 ; receives present of buskins and gloves from Lord Annand, 497 ; informs the King that he had prohibited the Clergy from alluding in the pulpit to the Prince of Wales' journey to Spain, 506, 507; letter by him and Chancellor to the King as to summoning Privy Council, 511; further par ticulars communicated by him to the King as to Dunkirk and Holland ships, 512, 513, 514, 515, 516; ill from his exertions, 517; transmits Viscount Annand's patent, 524; his obligation to the Marquis of Bucking ham, 525 ; as to dispute with Laird of Bass, 528, 529 ; letter to Viscount of Annand as to disputes between Earl of Nithsdale, Sir William Seton, and the Master of Jedburgh, 538 ; as to burning of the Minister of Kirk- patrick's house, Border matters, &c, 547 ; Robert Eliot examined before him, 578 ; in forms the King that the Earl of Roxburgh has agreed to stay proceedings against Francis Stuart, 585, 586 ; attends the funeral of King James VI., 589. Melville, Sir Robert, 95, 208, 277, 305. Menteith, Duncan Moyll Campbell, apprehend ed in bounds of, 535, 536. , Robert, complains to Privy Council, 54. Merchants, Scots, petition Privy Council as to obstacles to trading with Ireland, 310; com plain of duty imposed on importation of foreign corn, 320; their insolence, 321 ; dis putes with the skippers, 327, 328, 346, 347, 348 ; solicit the Privy Council to protect their factors in France, 406 ; complain of act for putting down superfluous apparel, 436. Merick, Captain, 248. Merks, value of, in time of King David, 422. Mershell, 479. Merton, Simpson, a mad minister of, 412. Middle-Shires, Landlords and Clans of, ordered to renew the general bond, 302; the King wishes lewd persons from to be sent to Colo nies, 311 ; objected to by the Commissioners of, 312; opinion by Privy Council on the subject, ib. ; meeting of Commissioners of, 339, 554, 555 ; proceedings of, 556 ; Com missioners complain of conduct of men of Tyndale and Riddisdaill, 586. Mitchell, David, 188, 189. Money, scarcity of, 40, 361, 362. Monkland, titularity of teinds of, acquired by Lord Boyd, 569. Monro, Robert, 428. Monrois, see Montrose. Monteith, Robert, wishes a tack of the King's rents in Orkney and Zetland, 439. Montrose, arrival of wauchters there, 257; merchants robbed and left for dead going to, 273; inhabitants ordered to provide food, &c, for reception of the King, 289 ; Ostend ship there, 447. , Earl of, concurs in contribution for Palatinate, 378; proposes general taxation, 381. Monypenny, John, 134. Monyvaird, Laird of, slain, 449; matters ar ranged by Privy Council, 449, 450. Moone, one of the King's pinnaces, proceeds to Islay, 597. Moore-Rowmond, moor of, 196, 197, 291. Moron, 215. Morton, Earl of, thinks there should be a general taxation for Palatinate, 381 ; pro ceeds to Leith to prevent hostility between the Dunkirk vessel and the Dutch wauch- INDEX. 639 ters, 513 ; present at funeral of James VI., 589. Mortymer, the Jesuit, dying, 476. Mosse, 237. Mostoure [Moss-Tower], 579, 581. Mukal [Muchall], 479, 480. Mukarne, 212. Murchill, Laird of, 155. Murder, supposed, in Galloway, 317; investi gated, 318, 319; the Maxwells of Gararie accused of, 353, 354, 553. Mure-Rewmonth, see Moore-Rowmond. Murray, Captain David, keeps watch in har bour of Montrose, 257 ; proceeds to London to bring his Majesty's provisions to Scotland, 284; Gommander of the Royal Charles,' 329 ; pension proposed to be given to him, 330. , Sir David, dies at Dumfries, 127. , Earl of, claims the customs of the waters of Spey, Findhorne, and Lossie, with the burrow-mails of Elgin and Forres, 101, 102; rights to the customs of Spey and Findhorne considered by Privy Council, 135, 136 ; reports to Privy Council his apprehen sion of Duncan Moyll Campbell, 535. -, James, appointed Comptroller of Ord nance by his uncle Sir Gideon, 259. Sir Gideon, 59; quarrel between his son and the second son of Lord Cranstoun, 80, 81 ; supposes quarrel instigated by Lord Cranstoun, 81; desired by the King to con sider an overture for pacification of High lands, 122, 123; proposals as to curing red herring remitted by the King to him, 123, 124; denies having calumniated Robert Eliot, 137, 138; dealings with the Sheriff of the Forest for a renunciation of his office, 203 ; intimates Earl of Kinghorn's death to the King, 252 ; letter to Patrick Murray as to Comptrollership of Ordnance, 259 ; deli vers the King's orders to the Privy Council as to his Majesty's reception, 265, 267 ; his vote as Treasurer-depute in Parliament objected to, 277. Murray, John, unwilling to receive Lord San quhar's securities in exchange for those of Murray of Lochmaben, 137. [of Lochmaben], John, matters between him and John Maxwell arranged, 87, 88 ; con tract with Broughton, 105; informed of various matters, 106, 107; moneytobe paid by Lord Tortheral, 120; various matters communi cated to him, 121 ; wife arrives in Edinburgh, 126; brother dies, 127; William Dick will ing to lend him money to pay John Jousie, 137; state of his affairs in Scotland, 138, 139; gold found on the land of one of his feuars, 138; teinds to be settled by Bishop of Galloway, 139; solicited by Lord Binning for a friend, 189, 190; various matters rela tive to his private affairs, 190, 191 ; receives the Lord Chancellor's thanks for aiding his ne phew's claim to the earldom of Eglinton, 200; letters from Lord Binning to him, 234, 249, 250, 253, 254 ; letters from Earl of Melros, 398, 404; settles with the Earl of Nithsdale, 399 ; Earl of Melros recommends Sir John Scot to him, 431 ; result of criminal trials at Dumfries communicated to him, 451, 452, 453 ; solicited to use his interest for Sir Tho mas Henderson, 453, 454 ; letter from Hen derson to him, 465 ; letter to Earl of Mel ros, 469; created Viscount of Annand, 470. See Annand. of Philliphaugh, Sir John, 555. , Sir Patrick, examined, 428. Sheriffship of, apprised by David Kin- loch, 466, 467. — ^-, Thomas, 168. , William, groom of the Bedchamber, 313. , Mr William [Parson of Dysart], con ferences relative to his conduct, 193; hon ourably acquitted, 194, 195; his supplica tion transmitted to be laid before the King, 198. Murthlie, 211. 640 INDEX. N. Naismith, John, complains of taxmen of the customs, 34. Naper, Sir Alexander, 484. — — — , Sir Archibald, 256, 484 ; made a Privy Councillor, 256 ; ordered to send cannon from Edinburgh Castle to Leith, 514; appointed Justice Clerk, 551 ; present at funeral of James VI., 590. See Marchinstoun. Navigation, matter of, and country ships, brought before Privy Council, 327, 328, 346, 347, 348. Nellar, Fred. 44. Newbigging, 147. Newheavin, 263, 408. Newmarket, 507. Nicholson, George, 92. , Thomas, wishes the heritable post- mastership of Cockburnspath, 494. Niddisdaill, see Nithsdale. Niger, the Emperor, 381. Nisbet, James, 102, 105, 106. Nithsdale, Earl of, disputes as to precedency, 375, 376, 388, 389; settles matters with John Murray, 399, 463; friendship between him and John Murray, 470; warrant to him to apprehend alleged suborner of witnesses, 474 ; securities between him and Lord Annand to be adjusted, 483; letters for him, 487; his exemption in favour of the Lord Johnston ordered to be deleted out of the Privy Coun cil books, 509 ; Lord Annand shews to him the truth of Lord Melros' dealings, 525 ; de lays giving up evidents to Sir T. Hope, 528; dispute between him and Sir William Seton, 538, 539, 540 ; letters from him to Viscount Annand, 542, 543 ; will not allow his wife to come to London, unlessthe Duke of Bucking ham wishes it, 544 ; disposition of Castlemilk to, 545; requests excambion with Viscount Annand to be completed, 547 ; licence granted him to travel, 559, 560; letter from him to Earl of Annandale, 560; wishes his Lordship to get the Duke of Buckingham's letter to comfort his wife, 361 ; Privy Council attempt to adjust matters with his creditors, 576, 577 ; present at the funeral of James VI., 589; letter to the Earl of Annandale, 593. Northberwick, Laird of, 403. o. Ochiltree, Lord, 103; sister marries Gilbert Kennedy, 205 ; tacksman of Orkney and Zet land, 365 ; two years of his tack to run, 366 ; sought for by Marquis of Hamilton, 428. Odochartie, insurrection of, 44 ; takes Bishop of Darayes [Derry?] house and wife, 166. Oge, Angus, constable of the Castle of Duny vaig, states that he acts under directions from the Earl of Argyle, 167; besieged in Duny vaig, 600, 601, 602; offers terms, 602; sur renders, 603, 604. Ogilvie, Lady, 484. , Lord, 484. Oig, Angus, to be presented by Laird of Cad- dell, 202. Oige, Rannald, slain, 221. INDEX. 641 Olifant, see Oliphant. Oliphant, John, brings buskins and gloves as a present from Viscount Annand to the Earl of Melros, 497. , John, agent to James VI., 590; pre sent at his funeral, ib. , Lord, attempts to murder his kins man, 291. -, Patrick, stabbed by Lord Oli phant, 291; supposed that he will recover, 294. -, Sir William, a learned and experi enced lawyer, retained by Margaret Hartsyde, 50. Orange, Prince of, orders Spanish ship to be attacked, 489. Ordnance, Comptrollership of, held by John Cheshohn, 259; disponed to Robert Lindsay, ib. Orkney, Bishop of [James Law], agrees with Privy Council as to patrimony of bishoprick, 96 ; is to repair to England, ib. ; his rental, 141, 142; writes an account of the proceed ings of the Earl of Caithness, 145, 146, 151, 152 ; business successfully done for him by Patrick Hamilton, 162; his signature received by Lord Binning, 169; blamed for his negli gence, ib. ; proposal that he should succeed to Archbishop of Glasgow, 194, 196 ; pre sent at examination of the charges against the parson of Dysart, 195; [George Grahame] professes duty to John Murray, 254. Orkney, Earlof [Patrick Steuart], his oppres sion complained of, 54 ; charges for his maintenance in Dumbarton Castle, 96 ; al lowed four pounds daily, 100 ; ordered to be brought from Dumbarton, 179, 180 ; confe rence with Lord Binning and Lord Advocate, 188, 189 ; said to be in debt to Robert Mon teith, 439, 440. , grievances there, 54, 55 ; proceedings of the Earl of Caithness against the rebels there, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 174, 175, 176, 177, 178; ship with provisions sent there, 163 ; Mr John Finla- son very unpopular there, 189 ; acquired by James VI., 274 ; Lord Gordon wishes a tack of, upon the termination of the one in favour of Lord Ochiltree, 365 ; Robert Monteith wishes tack of King's rents in, 439, 440 ; offers made by Sir John Buchanan for a tack of, 440; pension on rents of to Lord Kin clevin objected to, 441 ; curious picture of the state of, by the Privy Council, 553. Ormiston, Lord Justice Clerk, very infirm, 484 ; death of, 485. Oxford, vice Chancellor of, thanked by Privy Council, for his proceedings in relation to Ross, 314. Paisley, 299, 446. Palatinate, contribution for the, 373 to 382, 387, 388, 391, 394, 395, 397, 398, 414, 415, 417,418,419, 420. Pape, Mr John, offers to assign his comprising of the Laird of Bass' lands, 496. Pareis [Paris], Scotch factors there, 406. Parliament [Scots], proceedings in, 15, 16, 17, 1 9, 63, 64 ; proclaimed at the Cross of Edin burgh, 392, 393; proceedings in, 411 to 416 ; privilege of guarding claimed by Lords Hay and Keith, 413; address by the King to, as to affairs of Palatinate, 417. Pasley, see Paisley. Pasquil, by Ross, 315, 316. Pavunes Willie, acquitted, 451. Pearls, commission granted to search for 446 447. 4 M 642 INDEX. Pencraik, 289. Peragon of Leith, captured by Myles Burke, 368. Perth, 219,290, 299. , Earl of, disputes with Lord Livingston, 297 ; visited by Viscount of Lauderdale, 525. Philips, Sir Thomas, 601, 602. Philliphaugh, 555. Phillips, Robert, 530. Phoenix, Sir Oliver Lambert sets sail in the, for Isla, 597 ; endures a violent storm at Tixa, 599. Pietersvander, Adam, captain of a Holland vessel, 521. Piltoun, 76, 279. Pinkie, 154. Pinzerie, 121. Pitcairn, Patrick, disputes with Lord Scone, 383, 384. Pitlour, 383, 462. Pitt and Gallows, rights of, barons infeft with privilege of, 557. Pittenweem, fishermen of, ordered not to fish off Feroe Islands, 304. , Lord, present at funeral of James VI., 590. Plague throughout Scotland, 23 ; in Ayr, 79. Polwart, Laird of, 403. Popery, increase of, 21 ; measures for putting it down, 22. Postmastership of Cockburnspath, solicited by Mr Thomas Nicholson, 494. Pottum, 452. President, Lord, Mr William Watson examin ed before him, 208. Presmennan, 528. Primrose, James, recommended to take charge of Prince's affairs in Scotland, 531. Privy Council of Scotland, acquaint the King of intended attempt to take Prince Henry from the custody of the Earl of Mar, 3 ; in form him of the Earl of Cassillis' sentence, 4 ; write to the Lord High Treasurer as to re set of the Clangregor, 6 ; justify their con duct to the King towards Douglas of Torthor- wall, 7 ; recommend a person to assist the Earl of Dunbar, 8 ; acquaint the King with state of case between the. Earl of Athol and his mother-in-law, 9, 10; with proceedings against Mr William Forbes, 13, 14, 15 ; and of Lords of Articles as to ratification of the King's prerogative, 15, 16 ; with feud be tween the houses of Eglinton and Glencairn, 17, 18; inform the King that taxation granted, 19, 20; and that without any dis content, 21 ; mention increase of Papists, ib. ; state of the Highlands, and escape of Mac- Coneil, 22 ; plague, 23 ; the matter of Sir George Ramsay and Thomas Lummisdeane, 27 ; infeftments in the Isles, 28 ; defalca tions of customs, ib. ; ruinous state of the Earl of Athol's affairs, 30, 31 ; pursuit of Master of Crawfurd, 32 ; dispute with taxmen of the customs, 34 ; recommend publication of Mr Thomas Craig's works, 43, 84 ; letter to the King as to send ing troops to the Isles, 45 ; as to tanners keeping up price of leather, 46 ; and as to warding Marquis of Huntly, and Earls of Angus and Errol, 47, 56, 57 ; experience difficulties in procuring levies for the Isles, 48 ; write to the King as to Margaret Hart- syde's conviction, 49, 50 ; as to murder of James Douglas, 51 ; complain of absence of the Justice Clerk, 52 ; recommend Bishop of Isles to the King, 54 ; as to affairs in Ork ney, 54, 55 ; excuse themselves from the complaint of not informing the King of the whole circumstances of the dispute between barons of Lothian and town of Edinburgh, 56 ; as to disobedience of burgh of Hadding ton, ib. ; as to Balmerino's case, 57, 58, 59 ; as to murder of the Laird of Johnston and feuds of the Johnstons and Maxwells, 60 ; as to want of timber, 61 ; as to prohibition against iron mills in forests, 61, 62; in form the King of proceedings of convention of estates for the advancement of religion, 63, 64, 65 ; as to slander against Lord Scone, 69, 70 ; write to the Earl of Dunbar as to proceedings against Mr John Fairfoull, 74 ; recommend upholding the burgh of Ayr, 77, INDEX. 643 78, 79 ; mention quarrel between the sons of Sir Gideon Murray and Lord Cranstoun, 80, 81, 82, 83 ; as to petition for John Maxwell and Edward Maxwell for continuance of tack of customs, 85, 86 ; object to discharge to Home of Renton of his intromissions with Earl of Dunbar's rents and goods, 92 ; as to gift to Sir William Balfour, 93, 94 ; as to claim by James Shaw for arrears of work, 95 ; acquaint the King with failure of at tempts to settle matters with the John stons for the murder by Lord Maxwell of the Laird of Johnston, 108, 109; as to disputes between Earl of Cassillis and Kel wode, 111, 112, 125, 126; inform the King of what was done on the claim of Sir Alex ander Seton to the earldom of Eglinton, 113; letter to them from the Earl of Eglinton, declining to lay down title, 115 ; accused by the King of negligence in discharging their duties, 117; give explanations as to slaughter of Cowhill, 118; as to prosecutors of Lord Maxwell keeping company with him, ib. ; as to pursuit of Lochinvar, ib. ; as to Gil bert Brown, ib. ; as to summoning Lord Errol, ib. ; as to dilation of Mr John Ham- miltoun, 119; wearing guns and pis toilets, 119; no disorder in Highlands, ib. ; trial of Dumfries rioters to be prosecuted with rigour, ib. ; burial of Lord Maxwell a calumny, ib. ; report to the King that no assise duty can be claimed from the burrows, 129; are averse to report upon the duty claimable from strangers fishing in the Scotch seas, 130, 131 ; transmit Sir James M'Coneil's application for liberation to the King, 131; as to disputes between the late Lord Sanquhar's base son and Crichton of Ryhill, 132, 133, 164, 165; report to the King conference with Arch bishop of St Andrews, as to suit of Mony- pennyand Creichtoun, 134, 135; investigate the Earl of Murray's rights to the customs of the rivers Spey and Findon, 135, 136 ; as to signature in favour of Francis Stewart, 140, 141; astorentaloftheBishopof Orkney, 141, 142; letter to the Earl of Caithness as to his proceedings against the Orkney rebels, 154 ; write to the King as to putting down rebellion in the Isles, 178 ; note of their proceedings, 179; object to signature in favour of Sir John Lindsay, of the keeping of the moor of Moore-Rowmond, 196, 197, 198; as to claim against Sir William and Robert Steuarts by Thomas Kennedy, as cautioners for Jean Steuart's tocher, 205, 206; acquaint the King with the surprise of Dunyvaig by Sir James M'Donald, 222, 223, 224; as to Robert Hay's patent for making red herring, 262, 263 ; arrangements making for reception of the King, 265, 266, 267 ; as to assigna tion of victual by Archbishop of St Andrew's to Castle of Edinburgh, and substituting payment from the King's rents, 269, 270; as to fees payable on creations, 285, 286; note of proceedings for reception of the King, 288; transmit application by Sir An dro Bowye for appointing his wife a laundress to the King in place of his deceased sister, 292, 293 ; as to claims of George and Mar garet Hays, 305 ; as to preventing the fishing of the Hollanders off the Scotch coasts, 306, 307 ; as to intromissions of Sir James Weymis with the late Lord Gowry's rents, 308; as to duties on commodities exported to Ireland, 309, 310; as to state of borders, 311, 312; as to claim of William Murray's relict to the lands of Cornetoun, 313 ; re ceive libel written by Ross, 314; find it may be punished capitally, 314, 315; note of matters done in Council since beginning of November 1616, 318, 319, 320; as to feuars of Argyle, 321, 322; as to seizure by the Danes of Thomas Lothian's ship, 322, 323, 324; meeting of, relative to matters of navi gation and trade, ^327, 346, 347, 348 ; pro pose to displenish Royal Charles, and keep her at St Margaret's Hope, 329, 330 ; repri mand Sir James Skene for not communica ting on Easter Sunday, 330, 831 ; recom mend Sir George Hay's iron and glass-works to the patronage of the King, 337, 338, 342, 343 ; as to disorders of the Borders, 339 ; object to new coinage, 340, 341 ; re commend case of Richard Hall to the King, 644 INDEX. 345, 346 ; inform the King as to objections of Magistrates of Edinburgh to the wearing scarlet gowns, 348, 349, 350; hear the bailies of Edinburgh's objections to William Todrig getting a patent for making red her ring, 350, 351 ; call the chief tanners before them, 352, 353; investigate charge of mur der against the Maxwells of Gararie, 353, 354, 355, 357, 358 ; and slaughter of Walter Scot, 356, 357; prohibit the passage of strangers to England, 358 ; disclaim all inten tion of disregarding royal authority, 360, 361 ; hear Lord Gordon's proposals for tack of Orkney and Zetland, 365, 366 ; recommend the introduction of manufactures in Edin burgh, 366, 367 ; hear the disputes between John Steuart and the Earl of Home, 370, 371, 372; report the value of foreign coin to the King, 372, 373; acknowledge receipt of King's letter, as to voluntary contribution for Palatinate, 373, 387 ; acquaint the King with their investigation of charge, brought by Patrick Pitcairn against the Lord Scone, 383, 384; wish the King to remonstrate with the French Court for slighting Peter Elphinston's genealogy, 384, 385; receive signature for Edinburgh, 386, 387 ; appoint meeting, 388; intimate proclamation of Par liament, 392, 393; inform the King that his rents have diminished, 396, 397 ; in timate to the King offer of Ludovic Stewart, to erect beacons in Forth, 400, 401 ; spirited remonstrance to the King as to his remissions to M'Donald and M'Rannald, 401, 402, 447, 448, 449 ; request the King to write to the French King to protect Scotch merchants trading to France, 406, 407 ; as to rebellion of Earl of Caithness, 407, 408, 409, 410; suggest that the Goodman of Harden should not be a Justice of the Peace for Selkirk shire, 429, 430 ; apply for Mr Robert Bruce, 434; as to superfluous apparel, banqueting, and taxation, 435, 436, 437; transmit ap plication of city of Glasgow for compounding taxation to the King, 438 ; report on Mon teith of Eglishaw's offer for Orkney, 436; object to Lord Kinclevin's pension, 441 ; and to Sir George Bruce's signature, 442, 443 ; transmit Mr Robert Bruce's petition, 444, 445 ; attempt to settle matters betwixt Cultmalundie and Monyvaird, 449, 450; in timate the Lord Chancellor's death to the King, 460, 461; transmit list of justices, 466, 467; communicate to his Majesty the particulars relative to the Spanish and Dutch ships, &c, 468, 469, 488, 490, 497, 498, 499, 533, 534; as to subornation of wit nesses in a divorce case, 474, 475 ; as to sending Mortymer the Jesuit to France, 476 ; acquaint the King that Great Seal delivered to them, 477 ; wish the King's instructions as to Francis Keith's liberation, 481, 482; answers as to wool trade, 485, 486, 490, 491, 492, 493, 500, 501, 505, 520; nego tiate with Kellie as to Lord Holderness's lands, 502, 503; recommend Lord Colville to the King, 503, 504 ; inform him of alter cation between the Johnstons and Maxwells, 509, 510; recommend additional copper coinage, 526, 527; transmit roll of Justices to the King, 530; recommend James Prim rose, 531, 532; communicate apprehension of Duncan Moyll Campbell, 535, 536 ; receive the King's letter censuringmagistrates of Edin burgh for their unseasonable protestation, 540; promise to conform themselves to his majesty's orders, 541 ; letter to theLord Chan cellor as to the punishment of those concerned in the matter of the Dunkirk ship, 548; doubt if burgh of Edinburgh be proper place for trying offenders, 549 ; inform the King that his presentation in favour of George Quhytehead was objected to by the Earl of Home and his mother, 550; allow the objec tors to give in reasons in writing, 55 1 ; report that Sir John Buchanan pays a fair rent for the King's lands in Orkney and Zetland, 553 ; recommend that these lands should be granted in feu, 554 ; appoint a meeting of the com missioners of Middle-shires, 554 ; report as to their proceedings, 555 ; free intercourse with Ireland debated, and conferences on the subject, ib. ; remedial measures adopted, 556; grant warrant to the commissioners INDEX. 645 to make up a roll of the names of all fugitives and suspected persons, ib. ; deny granting commissions to private persons within the Middle-shires for trying offenders, 556, 557; deny granting remissions to Borderers for us ing hacquebuts and pistollets, 557; object to the proposed disarming of the Border men, ib.; transmit the letter of Sir James Spens to the King, 558; request the King to inter fere on behalf of William Dick and William Wilkie, whose vessels, laden with foreign victual, were seized by the Dunkirkers, 561, 562, 563; transmit substance of Mr Robert Boyd's petition to the King, 563, 564; ac quaint the King with lamentable fire in Dunfermline, 565, 566 ; and the Prince of Wales, 567, 568; call the Lords Boyd and Blantyre, Sir James Cleland, Patrick Walkinshaw, and the tacksmen of the kirks of Monkland and Calder, before them, 569; re port to the King what took place, 569, 570 ; investigate charges against James Arnot, and acquit him of fraudulent bankruptcy, 571, 572; object to fine imposed on William Rig and his accomplices, but place him in ward in Blackness Castle, 572, 573, 574 ; their con duct in this matter censured by the King, 574; justify themselves, 574, 575, 576; at tempt to arrange matters between Earl of Nithsdale and his creditors, 576, 577; ac quaint the King with the proceedings in the trial and examination of the attempt by Ro bert Eliot against the life of the Earl of Buc cleugh, 580, 581 ; inform the King of the dis putes between the Earl of Home's tenants and some men of Lord Gray of Wark, 582; suggest that a meeting of commissioners of Middle-shires be called to examine into the matter, and to settle the differences between Lord Walden's tenants and the Lairds of Wedderburn and Blackader, 583; cause a search to be made for conventicles in Edin burgh, 584, 585; complaint made to them by commissioners of Middle-shires, that the men of Tynedale and Riddisdale had broken loose, 586, 587; object to signa ture in favour of the eldest son of the Earl of Argyle, of the second marriage, of the Lordship of Kintyre, as intended to defraud the Earl's creditors, 587, 588 ; certain of their number present at funeral of James VI., 590; recommend the Lord of Lorn to Charles I, for his successful expedition against the rebels of the Clan-Eane, 591 , 592 ; propose that Lord Carnegy and some others shall be appointed in the absence of Sir George Elphinston, to take charge of the affairs of the Duke of Len nox, 592, 593. Privy Councillor's house, no sanctuary, 30, 31 ; the vote of such as were not councillors of state, upon the question of taxation, objected to, 276; right to appoint a Justice Depute objected to, 281 ; several English noblemen, bishops, &c. sworn in, 300, 301. Seal, Lord [Sir Richard Cockburn], 108. Proclamation by James VI., which enjoins pains of death to the suitors for forfaulted persons objected to by Privy Council, 293, 294,- against strangers going to England to impor tune the King, 358 ; proclamation by Privy Council for restoration of effects stolen by the inhabitants of Leith from the Dunkirkers, 514. Q. QUENISFERRIE, 287. Quhytclocks, Gilbert and George Irving, called the, 452. Quhyteheade, George, obtains a presentation from the King to the lands of Northfield of Coldingham, 550 ; objected to by the Earl and Countess of Home, 550, 551. 646 INDEX. R. Raith, James, 261. Ramsay, Sir George, lands gifted to him, 27. Ranfurlie, Laird of, 165 ; taken to Dunavaig, 166 ; traffic as to his liberty, 201, 209. Rank, respective, of EngUsh and Scots public officers, 590. Rannoch, 211. Ratter, Laird of, 146. Realing, in the west of Ireland, 368. Register, Lord Clerk, 105, 243, 265, 267, 428, 512 ; disputes between him and Alex ander Skene, 173, 174; treaties with Bur gundy deposited with him, 334 ; sets up glass and iron works in Scotland, 336, 342, 343. Reitres, beget a tumult for not obtaining their pay, 380. Renton, Alexander Home of, 92, 268, 282. — — , Gudeman of, claims right to appoint sheriff-clerk of Berwick, 282. Restalrig, unfavourable opinion of Lords of Articles in process against, 67 ; removed by the influence of the Earl of Dunbar, 67, 68 ; summons proved, 68. Riddisdaill, disorders there, 586. Ridheugh, 578, 580. Rig, William, public disapprobation of the fine imposed on him, 573 ; fine concealed, ib. ; warded in Blackness Castle, ib. ; the King offended that sentence not pronounced against him, 574 ; the clergy have a conference with him, 575 ; are satisfied and intercede in his favour, ib. ; Privy Council deprive him of his bailliary, and commit him to ward, 575, 576. Ritchiesoun, James, shot, 152. Rodger, David, 543. Roes in Presmennan wood, 528. RoUock, Mr Peter, recommended to the King by the Privy Council to be appointed an ex traordinary Lord, 76 ; circumstances relative to his admission, 279. Rose [Ross], Earldom of, 364. Ross, Bishop op [Patrick Lindsay], 377. — — , Lady, 495. , Mr Thomas, convicted of libel, 314, 315 ; speech, 316; sentence delayed, ib. ; dittay not to be inserted in books of adjournal, 316. — , Water of, pearls not supposed to be there, 446. Rowane [Rouen], 406. Rowme [Rum], Isle of, 218. Rowvalin, in Ireland, 245. Roxburgh, Countess op, 525. , Earl of, 133, 140, 264; concurs in contribution for Palatinate, 378 ; agrees to act as arbiter for Viscount Annand, 508 ; commission granted to him by Privy Council for punishing his own tenants, 557 ; agrees to stay proceedings against Francis Steu art, 585 ; present at funeral of James VI., 589. Russell [John], a learned and experienced lawyer, retained by Margaret Hairtsyde, 50. Rydar, William, 284. RyhiU, William Crichton of, 132. INDEX. 647 Saint Andrews, General Assembly held there, 302. , Archbishop of [George Gladstanes], conference with Privy Council, 134; wishes to submit his claims, 134, 135; struck with apoplexy, 194; [John Spottis- wood], waits in Edinburgh for the Earl of Argyle, 232 ; causes orders against the Jesuits to be executed, 233 ; written to by Lord Binning, 254 ; absent from the convention for plantation of churches, 257; arrangement with Earl of Mar as to victual payable to Castle of Edinburgh, 269 ; dislikes the pro ceedings of Parliament, 276, 277 ; informed of Queen Anne's death, &c. by Lord Bin ning, 325 ; seconds Lord ChanceUor's pro posal for contribution to the Palatinate, 377 ; remarks, 381 ; proceeds to London to the King on the subject, 391 ; meets with the Earl of Melros, 394, 395; conference with the Marquis of Hamilton, 41 1 ; exceUent sermon on the honour due to princes, 413, 414, 415 ; proposes that the amount of taxation for Palatinate should be regulated by ransoms of King David II. and James I., 421, 422 ; con ference with Lord High Commissioner as to managing opposition, 425 ; advertisement from Lord Melros to him, 487 ; intercedes for WiUiam Rig, 575 ; present at funeral of James VL, 589. -, Regality of, 24 ; Archbishop of obtains grant from James II., ib. ; privileges of the Archbishoprick brought before the Session, 134. Johnston [Perth], 287, 290. Margaret's Hope, 330. Nicolas, 516. Salic Law, 379. Sanctuary, the house of a Privy Councillor no, 30, 31. Sanquhar, 299. , Lord, 433, 434 ; controversy between the base son of the deceased Lord and WiUiam Creichtoun, 127, 132, 133, 264, 265 ; created Viscount of Ayr, 483. Schairp, John, 188, 189. Scone, 308. , Lord, keeper of Huntingtour, 6 ; ac cused of fraud, 69, 70 ; prosecuted by Andro Henderson, 90 ; required to give bond in his favour for 500 merks per annum, 91 ; comes to Edinburgh, 121 ; commission to be granted in his favour for settling disorders in the Highlands, 122 ; agrees to subscribe a procu- ratory of resignation of certain lands in favour of John Murray, 127 ; acquires Temple-lands in Perthshire, 163; Dunavaig taken from him, 166 ; proposes that Lowmonds should be feued, 190; speeches against, 193, 195; business between him and John Murray stayed, &c, 198, 199; to leave Court, 252, 254 ; wishes Lord TuUibaidine's warrant as Earl of Athol to be expedited, 254 ; intro missions with rents of Huntingtour, Scone, and Strabrane, 308 ; letter to him, 317 ; con curs in contribution for Palatinate, 378 ; dis putes with Pitcairn of Pitlour, 383, 384 ; opinion on extent of taxation, 422 ; takes horse to inform the King of what had passed, 427. Scot, Sir John, recommended to John Murray, 431. , Thomas, Lord Justice Clerk, his remorse when dying for his iniquities as a judge, 484. Scotland, the King discontented with govern ment of, 117 ; King proposes to revisit, 267, 270, 271 ; miserable state of, 273 ; free trade between England and, 309, 310, 337, 338, 342, 343 ; general poverty throughout, 361, 362. 648 INDEX. Scots, forbidden by proclamation to pass to England without lawful errand there, 358. Scott, James, appointed to take care of the Prince's affairs in Scotland, 531 ; dies, 532. , Sir John, present as a Privy Councillor at funeral of James VI., 590. , Symon, slays Walter Scott, son of Har den, 356. , Walter, son of Harden, slain by Symon Scott of Bonnytoun, 356. Seaton, see Seton. Selkirk, Goodman of Harden, made sheriff of, 429 ; cannot read or write, 430. Semple, Bryce, 178. Sergeants-at-Arms in England, usual number sixteen, 345. Session, Court of, King James VI. hears causes there, 301. Lords of, recommend Mr Peter RoUock of Piltoun to be appointed an extraordinary Lord, 76 ; propose alteration in time of sit tings of the Court, 191, 192; letter to James VI., 278; request that the number of extra ordinary Lords be not increased, 279, 280; communicate on Easter-day, 331 ; letter to the King remonstrating against the appoint ment of Lord Durie as counsel in the action at Lord Mar's instance against Lord Elphin ston, 463, 464, 465. Seton, 290; visited by James VI., 299. , Alexander, apparent of Meldrum, slain, 326. , Sir Alexander, Master of Winton, and their servants, assault the Earl of Glencairn, 17, 18; required to abandon the title of Earl of Eglinton, 113; grounds of his claim to the Earldom, 114; letter to the Privy Coun cil asserting his right, 115, 116, 117. , Sir William, 103; appears before Privy Council to support his nephew's claim to the Earldom of Eglinton, 113; dispute with the Earl of Nithsdale, 538 ; letter to the King, 539 ; a Commissioner of the Middle-shires, 555 ; present as Master of the Household at funeral of James VI., 590. Seytoun, see Seton, Shaw, James, debt to him as executor to his father for arrears as Master of Works, 95 ; report by Privy Council thereon, 95, 96. , William, Master of Works, 95. Sheriffs, scarcity of persons of rank and quality to fill offices of, 172; nomination of, 318, 320, 332, 333, 466, 530. Ships, country, dispute as to freights of, 327, 328, 346, 347, 348. Simsoun, a mad minister of Merton, 412; preaches a malicious sermon, for which he is apprehended and sent prisoner to Dumbarton Castle, ib. ; petitions for release, 430. Sinclairs, the only family not engaged in the Rebellion in Orkney, 175. Sinclar, Castle, 143, 180, 183. Sir Lucas, a Dutch ship, 521. Skene, Alexander, recommended by the King to be received in office of homings, 1 73 ; disputes between him and the register, 173, 174. , Sir James, differences between him, his father, and brother, 128; reproved by Privy Council for not communicating or going to the kirk of Edinburgh on Easter-day, 331 ; gives a satisfactory explanation of his conduct, 331, 332. Sir John, Clerk of Register, investigates the antiquities of his country, 24 ; finds grants of second teinds, 25 ; deletes them from his Book of Antiquities, ib. ; differences between him and his sons, 128 ; disputes be tween him and the Clerk Register, 173, 174. -, Mr John, censured by Sir Thomas Ha milton, 1 05 ; disputes between him and his brother, ib. Skippers, disputes between and merchants, 327, 328, 346, 347, 348. Slait, 165, 215. Smail, John, 474. Spain, journey of Prince Charles to, 506, 507, 517. Spaniards, rumoured invasion of, 325 ; consul tation of bishops relative to, ib. Spanish navy, apprehensions of, 169. , ship arrives at Burntisland, 159 ; cap- INDEX. 649 tain, pilot, and surgeon, incarcerated in the Tolbooth there, 160; documents relative to, to be laid by Patrick Hamilton before the King, 163. Spens, Sir James, his letter transmitted to the King, 558. , Richard, testimonial of his son's birth, 163. Spey, customs on water of claimed by the Earl of Murray, 101 ; considered by Privy Coun cil, 136. Spyla Miln destroyed by the tenants of Lord Gray of Wark, 582, 583. Spynie, Lord, present at funeral of King James VI., 589. Stenhous, Laird of, 149. Steuart, Sir James, 219. , , Jean, marries Gilbert Kennedy, 205. -, John, of Tracquair, pursued for Jean Steuart's tocher, 205. -, John, son of the Earl of Bothwell, ad justment of his disputes with the Earl of Home before Privy Council, 370, 371, 372. -, Ludovic, brother of the Lord Blantyre, proposes to put up beacons in the river Forth, 400. , Patrick, 537. , Sir Robert, tutor of Tracquair, 205. , Sir WiUiam, of Tracquair, cautioner for payment of Jean Steuart's tocher at re quest of the Queen, 205, 206. Stewart, Francis, son of the late Earl of Both- weU, 140, 550, 551; Earl of Roxburgh agrees to stay proceedings against him, 585. , Sir James, believed to have got Lord Blantyre's place in Session and Countil, 162; warns the Earl of Orkney of suspicious proceedings of Robert Stewart, 188. -, John, ship with provisions sails for Stewart, Robert, his mother shot through the hand, 147 ; offer of surrender upon conditions refused, 148; his pardon recommended by the Earl of Caithness, 150 ; and by the Bishop of Orkney, 151, 152; Privy Council authorise Earl of Caithness to spare his life till the King's pleasure be known, 155 ; the King unwiUing to pardon him, 169 ; bond sub scribed by rebels of Orkney to him, 175 ; captured, 176; confined in Castle Sinclar, 180 ; conference between him and the Earl of Caithness, 182, 183 ; conversation with An dro Martine, 184; to be brought to Edin burgh, 186 ; aUeged communication with his father, 188. , Simeon, 181. , William, murders Douglas of Torthor- wall, 51. -, Sir William, 51. Orkney, 163. Stirling, 3, 214, 287; Privy Council repair to Castle of, 3; ministers dirked there, 273. Stirlingshire, 299. Stonehaven, 447. Stormont, Lord, 462. Strabrane, 211, 308. Strathem, 525. Strathnauer, 409. Striveling, see Stirling. Strowan [Laird of], his wife, M'Rannald's daughter, 211. Struthers, Mr WiUiam, desired to warn his brethren not to make any mention of Prince Charles' journey to Spain, 507. Suborners (alleged) of witnesses, liberated on bail, 475. Suitors, proclamation against, 287. Sutherland, discontents between houses of Caithness, Strathnaver, and, 409. Sweden, King of, letter sent by him, 559. 4 N 650 INDEX. T. Taggart, Thomas, in Chappelknow, fugitated, 451. Tanners keep up the price of leather, 46 ; measures suggested for prevention, ib. ; ex amined by Privy Council as to abuses in tan ning, 352, 353. Tarbert, 229, 231, 248. Tarlich, Clan, 215. Taxation authorised by Parliament, 19; dis cussions as to, 271, 272, 273, 274, 275, 276 ; granted, 277 ; general, proposed fortheservice of the Palatinate, 381, 383; objected to by the King, 387, 389 ; address of the King on subject of, 417; proceedings relative to, in Parliament, 421, 422 423. Teinds, second, contained in certain grants, 24 ; meaning of, 25 ; pursued for, ib. Temple-Lands, bought by Lord Binning from Lord Torphichen and Robert Williamson, 162, 163; those in Angus sold to Lord Bal- merino's father, 163; Perth to Lord Scone, ib. ; Roxburgh to Femiherst, ib. Tenants, general poverty of 361, 362. Terchonell, Lord, 245. , Lady, aunt of Sir James Mac- Donald, 245. Tevidaill, sheriff of, 257, 295. Thyneis, 220, 221, 229, 230. Timber, letter of Privy Countil relative to transportation of, 60, 61, 62; so scarce that the Scots are compeUed to import it, 61. Titus, Emperor, remark to Vespasian, 378, 379. Tixa, Isle of, 599, 600. Todrig, WiUiam, discussion before Privy Coun cil, as to his fight under his patent to cure red herrings, 350, 351. Torphichen, Lord, claims exemption from taxation, 25; sells Temple-lands to Lord Binning, 162, 163. Torthoral, Lord, to be reconciled to Lord Ochiltree, 104; money to be paid by him for John Murray, 120. Torthorwall, James Douglas of, 7, 51. See also Douglas. Tracquair, 205. Trade, decay of, 130. Treasurer-Depute, said to have no vote in Convention and Parliament, as not being an Officer of State, 277. Treasurer, Lord, see Earl of Mar. Trees, great scarcity of, 61. Trotter, John, 368. Troutemes, meeting of forces there, 48. Tuedie, John, 356. Tullibardine, Earl of, instructions to, 213; proceedings by him against the Isla rebels, 217, 218, 219; informs Lord Binning of the Earl of Kinghorn's expected recovery, 252; to be made Earl of Athol, 254; concurs in contribution for Palatinate, 378 ; present at funeral of James VI., 589. Tunigham, 399. TyndaiU, disorders there, 586. Tyre, George, banished, 450. INDEX. 651 U. TJchiltree, Lord, see Ochiltree. Union, between the two kingdoms said to be violated by the new coinage, 340, 341; articles of declare that native commodities are to be duty-free in both kingdoms, 342, 343. Urchill, Laird of, 200, 202. Uschear, Edie, 580. , William, 580. Usher, Office of King's claimed by Cockburn of Langton, 413; committed to Edinburgh Castle for so doing, ib. Vaine, Clan NeiU, 215. Valche, Monsieur, 334, 335. Vanverrane, Captain, 498. Vere, General, 421. Victual, great importation of foreign, 561 ; oc casions scarcity of money, 562. Vintoun, see Winton. Virginia, lewd persons from Middle-shires to be sent there, 311. Viscounts' fees, 286. . patents, in course of expeding, 376. Vitriol, privilege to make to be granted to a Fleming, 89. w. Wairding, Margaret Armstrong, fugitated, called the, 451. Walden, Lord, disputes between his tenants and the Laird of Wedderburn and Blackader, relative to fishing opposite to Fishewick, 583. Walkinshaw, Patrick, seUs titularity of teinds of Monkland and Calder to the Lord Boyd, al though he had previously given a right to Sir James Cleland, 569 ; attempts to excuse his fraud, 570. Wamphra- House, belawed, 455. Wardlaw, Sir Henry, certificate in favour of, 364. Wark, Lord Gray of, his tenants destroy Spyla Miln, 582, 583. Warrick, Thomas, in Pottum, convicted of stealing two nolt, 452 ; execution respited, ib. Watson, Mr WiUiam, accused of instigating riot in Burntisland, 208; examined, 208, 209; proposed to be suspended, 210. Wedderburn, Laird of, 403; disputes with Lord Walden's tenants as to fishings oppo site Fishewick, 583, 652 INDEX. Welsche, Mr John, 10 ; convicted, 12 ; his tes timony rejected, 13, 14. WesterhaU, Laird of, with Lord Johnston, 473. Weyland, 143, 147. Weymes, Sir James, debt to him by Earl of Gowry, 308. Whytfoord, Walter, 483. Whytlaw, Patrick, 252. Widrington, Sir Henry, since his death no one to preserve order in Tyndail and Riddisdaill, 586. Wigton, Earl of, concurs in the contribution for Palatinate, 378 ; present at funeral of James VI., 589. , merchants robbed and left for dead going to, 273. Wilkie, WiUiam, vessels freighted with white victual by him and WiUiam Dick captured by Dunkirkers, 562 ; representation to the King by Privy Council on the subject, 562, 563. Williamson, Robert, sells Temple-lands to Lord Binning, 162, 163. Wilson, Mathew, ordered to lead teinds of Castlemilk, 543. Winchester, Dean of, 411, 425, 427. Winrahame, Robert, 181. Winton, Earl of, 290 ; James VI. visits him at Seton, 299 ; attends the Lord ChanceUor on his death-bed, 462 ; produces the Great Seal and Caschet before Privy Council, 477, 478 ; Master Thomas Nicholson of great use to him, 494 ; wishes the decreet-arbitral of the Earl of Melros relative to bailliary of Cuningham to be recorded, 525. , Master of, and his servants, assault the Earl of Glencairn, 17, 18. Wood, Captain, 232, 241, 247, 248; letter to Lord Binning, 246. Wool, discussions as to exportation of, 485, 486, 490, 491, 492, 493, 500, 501, 505. Wyest [Uist], North, 215. Wyne, plenty of old in Scotland, 295 ; scarcity of in France, ib. Wyntoun, see Winton. Wysbie, 452. Y. Yester, Lord, 290. Yetland, see Zetland. Yla, see Islay. Young, John, sent as Commissioner from Leith, 234 ; particulars relative to Borders to be de livered by him to the Earl of Annandale, 560. Young, Robert, 579, 580, 581. , Thomas, brought before Privy Council for cutting wood at Presmennan, 528. Yslis-syde, 580. z. Zeland, Admiral of, 458. Zetland, Lord Gordon wishes a tack of, 365 ; referred to Privy Council, 365, 366 ; Robert Monteith asks a. tack of King's rents, 439, 440; report by Privy Council as to raising rent of, 553. Zirta, an isle belonging to Sir Rorie M'Leod, 215. EDIKBUUGH PRINTING COMPANY. ADDITIONAL INDEX TO THE MELROS PAPERS. ADDITIONAL INDEX; Aberdeen, Earl of Huntly compears in, 618. , Bishop of, 617; preaches before As sembly, 627. Adam, Mr, 611. Advocate, Lord (Sir William Oliphant), 630, 639, 641. Angus, Earl of, instructions given by James VI. as to his relaxation from sentence of ex communication, 615. Appellation of John Knox, 611. Arbroath, 628. Argyle, Earl of, denounced as a traitor, 625 ; note of proceedings against him transmitted to the King, 631. Assembly, articles set down by, 613 ; arrange ment for approaching General, 621, 622; proceedings of, 623, 624, 626 to 630. B. Benholm, Laird of, feud with Laird of Geicht, 617. Berwick, 613. Binning, Lord, informs the King of the Marquis of Huntley's absolution, 619; praises conduct of Earl of Montrose and Archbishop of Saint Andrews, 620 ; as to preparation for ap proaching Assembly, 621, 622, 623 ; letter to King as' to Earl of Argyle's forfeiture, 625 ; meeting of Commissioners of Burrows, ib. ; and attendance of Privy Council at sermon, 626 ; details proceedings of General Assembly to the King, 626, 627, 628, 629, 630 ; as to treaty with those of Low Country in regard to the fishings, 631 ; as to observance of Easter- day, 632, 633, 634; as to sermons to be preached at Christmas, 634 ; and behaviour of Magistrates of Edinburgh on Christmas- day, 638. Black, Mr David, 612. Blackburne, Mr Peter, 617. Boquhen, Laird of, 617. Brechin, Bishop of, confers with the Mar quis of Huntley, 619. This Index refers to the additional leaves marked with an asterisk, thus "- 656 ADDITIONAL INDEX. Borroughs, meeting of Commissioners of, as to importation of merchandise in country bot toms, 625. Brownists, odious opinions of, 646. Bruce, Doctor, assists Archbishop of Glasgow in refuting Mr William Scot, 628. , Mr Robert, his Westland Voyage, 612. Bukclugh, Lord, 632. Car, Sir Andrew, 630. Carmichael, Mr John, opposes kneeling at the communion with vehemency and wilfulness, 628 ; prevented by Lord Binning from en larging his discourse on ancient controversy betwixt Eastern and Western Church, as to Christmas-day, 629. Carnegy, Lord, 630. Christmas-day, sermons to be preached on, 634; anxiety to have it properly kept, 635; Magistrates attend divine worship on, 636. Clerk, Alexander, Provost of Edinburgh, ex amined, 644. Clunnie, Laird of, 617, 619. College Church, good order kept in on Easter- day, 633 ; many refuse to kneel on the foUow- ing Easter-day there, 636. Communion, objections to receive it kneeling, 628 ; received kneeling on Easter-day, by all the congregation excepting one base feUow, 633 ; few kneel on succeeding Easter-day, 637. Cunningham, David, Bishop of Aberdeen, 617. D. Dickson, John, impugns the doctrine of Dr Forbes publicly in church, 640 ; professes his penitence for so doing, ib. ; examined, and admits his objecting to Dr Forbes' discourse, 642, 643. Douglas, James, 632. Drum, Laird of, 617. Dumfermline, Earl of (Lord Chancellor), written to by the Earl of Montrose, 623 ; re quires Privy CounciUors to accompany him to church on Easter-day, 632 ; present at ex amination of Rig, 641. Dunblane, Bishop of, 641. Dundee, 620. E. Easter-Dav, Privy Councillors and Lords of Session assemble at Lord Chancellor's lodg ings to accompany his Lordship to church, 633 ; Mr Patrick Galloway preaches on, 633, 638. Easter-Eve, Mr John Guthrie preaches on, 637; Mr Andro Ramsay preaches on the follow ing, 638. Edinburgh, kirk of, 611; Magistrates of at tend worship on Easter-day, 633 ; many of the inhabitants and women of absent, ib. ; Magistrates of attend Lord Chancellor to ser- ADDITIONAL INDEX. 657 mon on Christmas-day, 636 ; Magistrates of, examined upon the charges against William Rig and others, 639, 640, 641 ; and declare that Rig was very penitent for his fault, 645. Eglischamis, Lord, returns from Berwick, 613. Errol, Earl of, instructions given by the King as to his being absolved from sentence of excommunication, 615 ; feuds betwixt him and Laird of Ludquharne, 617. Fentoun, Viscount, 631. Fishings, commission for treating with Low Countries, as to, 634. Fleming, Lord, 632. Forbes, Mr John, 617- , Lord, 617. Forbes, Dr William, preaches on Good Friday, 638 ; serves communion on his knees, 639 ; doctrine impugned by John Dickson, 640 ; witnesses examined as to what passed on that occasion, 642, 643, 644. Fiindrach, Young, feud with Laird ofDrum, 617. G. Galloway, Bishop of, sick, 626 ; makes a per tinent sermon, 629. , Patrick preaches on Easter-day, 633, 637 ; promises that the ministers shall obey the acts, 635 ; praised by Lord Binning, 636. Geicht, Laird of, 617. Gibson, Mr Alexander, 632. Glasgow, Archbishop of, 624; refutes Mr William Scot of Couper, 628. Good Friday, Mr Andrew Ramsay and Dr For bes preach on, 637. Guthrie, Mr John, preaches on Easter-eve, 637. H. Hamilton, Marquis of, appointed Commis sioner to treat with those of the Low Coun tries, as to the question of the fishings, 631. _-, Thomas, Lord Advocate, letter to the Lord Secretary, 611; receives copy of instructions to Commissioners for absolving the Earls of Angus, Errol, and Huntley, 613 ; transmits copy to Lord Secretary, ib. Hammiltoun, John, apothecary, supports John Dickson in impugning the doctrine of Dr Forbes, 640 ; examined as to his conduct, 643. 658 ADDITIONAL INDEX. Hay, Mr George, 617. Holyrood-Chapel, Privy Council required to hear sermon there, 626. Howie, Mr Robert, 617. Huntley, Countess of, professes popery, 616; ordered to be instructed in the true religion, ib. , Earl of, form of bond to be exe cuted by him, sent to Lord Secretary Lindsay, 613 ; instructions granted to Patrick Murray for reconciling the Earl to the church, 615, 616 ; a council of godly barons to be ap pointed to him, 616; feuds with Lord For bes, 617; report of ministers appointed to en treat with, 617, 618, 619; compears at Aber deen, 618; professes sorrow for murder of Earl of Murray, ib. Huntley, Marquis of, absolved, 619, 620. I. Isles, affairs of, 636. Isles, Bishop of, Thomas Knox, son of, 636. James VI., 611 ; handles Maister Robert Wal lace very sharply, 612; instructions by him to Patrick Murray, for absolving the Papist Peers, 615 ; informed by Lord Binning that the Marquis of Huntly has been absolved, 619; and of the good conduct of Earl of Montrose, and modest and wise conduct of Archbishop of St Andrews, 620 ; preparations for ap proaching General Assembly detailed to him, 621, 622, 623; informed of proceedings at As sembly, 623, 624, 626 to 630 ; proceedings on Easter-day communicated to him, 632, 633, 634 ; opinion required as to sermons on Christ mas-day, 634, 635 ; informed of behaviour of Edinburgh Magistrates on that day, 636 ; Mr Thomas Knox to inform him of state of the Isles, ib. ; Earl of Melros writes to him, as to the behaviour of the people on Easter- day, 637, 638, 639 ; Privy Council inform him of behaviour of Rig and others, 639, 640, 641 ; examination relative to Rig transmitted to him, 641, 642, 643, 644; Privy Council write to him as to proceedings against Rig, 645, 646, 647. K. Kilsyth, Laird of, 630. Kirk, Little, in Edinburgh, meeting there, 642. Kneeling during communion objected to, 628, 633, 637. Knox, John, his appeUation, 611. , Thomas, son to the Bishop of the Isles, 636. Korsindae, Laird of, 617. ADDITIONAL INDEX. 659 Lindsay, Doctor, 628, 629. , John, Secretary of State, letter from Lord Advocate to him, 611 ; copy of bond to be subscribed by the Earl of Huntly sent him, 613. Louthian, Earl of, 630, 632. Ludquhame, Laird of, feud with the Earl of Errol, 617. M. Mar, Earl of, 623, 632, 641. Mauld, William, 613. Maxwell, Mr John, assists at communion on Easter-day, 637. Melros, Earl of, letter to the King, as to or der observed during Easter-day, 637 ; pre sent at examination of Bailie Rig, 641. Meyne, John, urges ministers to serve the ta bles contrary to the received orders of the church, 640 ; examined, 643 ; rebukes Mr Andro Ramsay for laughing, ib. Montrose, Earl of, conduct praised by Lord Binning, 620 ; wishes to be excused from being Commissioner, 623. Murray, Earl of, Earl of Huntly expresses contrition for murder of, 618. , Patrick, 612, 613; appointed King's Principal Commissioner, for absolving the Popish Earls, 614; instructions given to him, 615. N. Nottingham, King's letter from, 620. O. Oliphant, Sir William, Lord Advocate, 630, Orkney, WTongs done there, 631. 639,641. P. Philp, Dr, of Arbroath, 628, 629. Pitlurg, Laird of, 619. Pittenweem, warrant to be granted for the books of the session of, 611. 660 ADDITIONAL INDEX. Privy Council, members of, required to hear sermon in Holyrood Chapel on Sundays, 626 ; attend at Lord Chancellor's lodgings, to accompany him to church on Easter-day, 633 ; letter to King as to proceedings of Bailie William Rig and others, 639, 640, 641 ; intimate his penitence to the King, 645, 646. Puritans, chosen Commissioners to Assembly, 626. R. Ramsay, Mr Andrew, makes sermon of prepa ration on Easter-day, 633 ; preaches on Good Friday, 637 ; makes sermon of preparation, 638 ; rebuked by John Meyne for laughing, 643. Reat, David, Principal of the College, 617- Report by Ministers appointed to entreat with the Earl of Huntly, 617, 618, 619. Rig, Bailie William, urges ministers to cele brate communion against received orders of the church, 640 ; a wealthy man, ib. ; examination before Privy Council as to, 641, 642, 643, 644 ; penitent for his conduct, 645; petitions Privy Council, 646; declares he detests all opinions of popular power over ministers, ib. ; confined to his own house, ib. RoUock, Hercules, pens the King's articles, 614, s. Saint Andrews, warrant to be granted for the books of the presbyteries and session of, 611; Clerk of the Register wishes sight of the old commission, anent the visitation and reform ation of, 612. , Archbishop of, praised by Lord Binning, 620 ; going to Fife for prepa ration of General Assembly, 622 ; written to as to Earl of Montrose's excuse, 623 ; endea vours to persuade members of Assembly to assent to the King's measures, 624 ; private meeting between him and Commissioners, 626 ; exhortation to Assembly, 627 ; insists that Assembly should either agree to the King's articles or refuse them, 629, 630; appoints meeting with the Bishops, 631 ; declines preaching in Edinburgh on Christ mas-day, 634; writes to the King, ib. ; pre sent at examination of Baihe Rig and others, 641, 642, 643, 644. Sanquhar, Lord, 630. Scone, Lord, 630. Scott, Mr William, ofCouper, objects to kneel ing at the communion, 628. Session, Lords of, wait on Lord Chancellor at his lodging, to accompany him to church on Easter-day, 633. Simsoun, WiUiam, refuses to serve tables at ADDITIONAL INDEX. 661 communion, 640 ; a poor man, ib. ; ex amined, 642. Skene, Sir John, Lord Clerk Register, wishes sight of the old commission, relative to the visitation of Saint Andrews, 612. Stewart, William, feud with the Laird of Boquhen, 617. Strawquhan, Mr John, 617. Struthers, Mr William, minister at College Church, 633 ; conduct praised by Lord Bin ning, 636 ; preaches on Easter-day, 637 ; performs duties faithfully, 639 ; answers John Dickson, 642. Sydserf, Mr Thomas, minister at College Church, 633. Symsoun, see Simsoun, 640. T. Treasurer, Lord High (Earl of Mar), 641. V. Vchiltrie, Lord, 630. w. Wallace, Maister Robert, sharply handled by James VI., 612; excuses himself, and de clares his oversight arose out of his westland voyage with Robert Bruce, ib. Winchester, Dean of, 630, 634. Winton, Earl of, 631. Zetland, wrongs done there, 631. YALE UNIVERSITY LIBRARY 3 9002 08866 1393