Chapter IX: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (6)

According to the warrand of your Maᵗⁱᵉˢ commandiment, wee haue beine most willing and redey to giue all concurrence and assistance to the Lordes of the clergie for the establishing of the seruice booke; and notwithstanding of that barbarous tumulte, occasioned alenerlie (for aney thing wee can learne) as zet, by a nomber of basse and rascally people, wee wer werey hopefull that in a shorte tyme, without aney furder trouble ore importunity to your Maiesty, to haue brought to practisse, by hauing appoynted a meitting of counsaill wpone the 25 of Aguste instant, in this extraordinarey tyme of vacance, expresly to thinke wpone the best expediencies for aduancing that seruice booke, wee fand ourselues far surpryssed by our expectation with the clamor and feares of your Maiesties subiects, from diuersse pairts and corners of the kingdome; and that euen from thesse quho hes hertofor otherwayes liued in obedience and conformitey to your Maiesties lawes, both in ecclesiasticall and ciuill bussines. And this wee fand to be ane matter of so heighe ane consequences, in respecte of the generall grudge and murmur of all sortes of people, for wrging of the practisse of the seruice booke, as the lyke has not beine hard at aney tyme; zet wee dar not delay it, nor conceile it from your Maiesty, not knowing quherwnto the samen may tend, and quhat effecte it may produce. Nather dare wee diue aney furder in the trayell of the causse of the saides feares and remedies thereof, vntill it shall pleis your Maiestie, in the deipnes of your judgement and royall wnderstanding, to prescryue the way, after heiring of all particulars, ather by calling some of your Maᵗⁱᵉˢ counsaile, or Lordes of the clergie, to your Maiesties auen presence; to the effecte that ane coursse may be takin for pacefing the present commotione, and establishing the said seruice booke, or otherwayes by such meines as your Maiesty, in your auen grate wisdome, shall thinke fitting. And wee haue appoynted the 20 of September for attending your Maiesties pleasur theranent, quhilke wee humbley, as becomes faithfull subiectes, and thosse quhom your Maiestiy hes honored with your royall commandiments, will follow and obey; and so, with all our most humble prayers for your Maiesties longe and prosperous rainge, wee humblie kisse your royall handes, from Edinbrughe, 25 of Aguste, 1637.

Traqhaire,
Roxbrughe,
Perth,
Lauderdaill,
St Andrewes,
Morton,
Vigtone,
Southescke,
Alexander,
Naper,
Da: Edinbrughe,
Tho: Galloway,
Jo: Hay,
Ja: Carmichell,
Thomas Hope,
Jo: Hamilton.

* * * * *

1637.—August 27.

12. _Traquair’s Letter to the Marquis of Hamilton._[37]

MY NOBLE LORD,

At the meeting of the Council here at Edinburgh the 23th of this instant, we found so much appearance of Trouble and Stir like to be amongst people of all qualities and degrees, upon the urging of this new Service-book, that we durst no longer forbear to acquaint his Majesty therewith, and humbly to represent both our Fears, and our opinions how to prevent the Danger; at least our opinions of the way we would wish His Majesty should keep therein, or before he determine what course to take for pacifying of the present Stir, or establishing of the Service-book hereafter; wherein all I will presume to adde to what the Council hath written, is to intreat your Lordship to recommend to his Majesty, that if he be pleased to call to himself any of the Clergie, he would make choice of some of them, of the wisest and most calm Dispositions; for certainly some of the leading men amongst them are so violent and forward, and many times without ground or true judgment, that their want of right understanding how to compass business of this nature and weight, does often breed us many difficulties, and their rash and foolish Expressions, and sometimes Attempts, both in private and publick, have bred such a Fear and Jealousie in the hearts of many, that I am confident, if His Majesty were rightly informed thereof, he would blame them, and justly think, that from this and the like proceedings arises the ground of many Mistakes amongst us. They complain that the former Ages have taken from them many of their Rents, have robb’d them of their Power and Jurisdiction, and even in the Church itself and Form of Gods Worship have brought in some things that require Reformation: but as the deeds of these Times, at least the beginnings thereof, were full of notour and tumultuary disorder, so shall I never think it will prove for the good either of Gods Service or the Kings, by the same ways or manner of dealing to press to rectifie what was then done amiss. We have a wise and judicious Master, who will (nor can) urge nothing in this poor Kingdom, which may not be brought to pass to his contentment: and I am most confident, if he shall be graciously pleased to hear his faithful Servants inform him of the Truth, he shall direct that which is just and right; and with the same assurance I dare promise him Obedience. The interest your Lordship has in this poor Kingdom, but more particularly the duty you owe to His Majesty, and the true respect I know you have ever carried to His Majesties Honour, and the good of his Service, makes me thus bold to acquaint your Lordship with this business, which in good faith is by the folly and misgovernment of some of our Clergie-men come to that height, that the like has not been seen in this kingdom for a long time. But I hope your Lordship will take in good part my true meaning, and ever construct favourably the actions of

Your loving faithful Friend, and humble Servant,
Edinburgh, Aug. 27.
TRAQUAIR.

* * * * *

1637.—September 10.

13. _Letter from the King to the Privy Council._[38]

CHARLES Rˣ,

Rᵗ trustie and weill beloued, &c. Wee have considered your letter, and wee find that our former directions haue produced werey shallow effectes; nather doe you heirby propone aney new expedient, bot onlie you desyre some of the clergie and layitie should be send for to deall with ws therin, wiche wee conceaue not to be fitt; and by a neidlesse noysse make it appeire, that ather wee have a werey slacke counsaill, ore bad subiects, wich wee will neuer beleiue, hauing had so good a prouffe of ther affectione heirtofor; bot rather wills, that a sufficient number of you attend still at Edinbrughe, or neir thereabout, during the vaccance tyme, till the seruice booke be settled. And wee are not weill satisfied nather with you nor our citty of Edinbrughe, that after the seruice wes read wpon the Sunday afternoone, it should haue beine intermitted immediately therafter, and that no delinquents that wer actores and accessories to that insolence and ryotte committed in the tumult that day, wer aney wayes censured, for terrifeinng of others from attempting the lyke; and it doeth lykwayes seime werey strange wnto ws, that the ministers of Edinbrughe hauing offred to begin the reeding of the seruice booke, prowyding they were secured from iniurey, and releiued by our said cittey of the said charge within a mounthe therafter, that the said offer was not accepted and performed; and it is our pleasure that euery bischope causse reid the said seruice booke within his auen dyocie, as the Bischopes of Rosse and Dumblaine haue alredy done. As lykwayes you causse warne our burrowes particularlie, that none of them make choysse of any magistrats, but suche as they will anssuer for ther conformity. So expectinge that you will extend the vttermost of your endewors, by doing quhat is necessarey, and preuenting aney inconwenient that may occur, that wee may haue a good compte with diligence, wee bid you fairweill from our courte at Ottlandes, 10 Septem: 1637.

* * * * *

1637.—September 20.

14. _Act of Privy Council._[39]

Apud Edinbrughe, 20 Sept. 1637.

The quhilk day, the Lordes of secrett counsaill hauing hard and considered his Maiesties missiue and directione to them, concerning the seruice booke, the saides Lordes, for satisfaction of his royall pleasure signified therein, nominatts, appoynts and ordaines the Lord Chanceler, Thesaurer, the Earles of Vinton, Vigton, Southescke, the Bischopes of Edinbrughe and Galloway, the Clercke Register, Iustice Generall, Thesaurer Depute, Kinges Aduocat, Iustice Clerck, the Laird of Blackhall, ore aney seuin of them; the Lord Chanceler and Lord Thesaurer alwayes being tuo, not excluding aney of the 10, quho shall be pleased to be present, to attend ore resorte heir in this vaccance tyme, for performance of quhat his Maiesty, by his said letter, hes committed to our caire; lykwayes the Lordes suspendes to giue anssuer to ther petitione, giuen in this daye be noblemen, barons, ministers, burroughes and comons, aganist the seruice booke, wntil his Maiestie, after dew consideratione of the same shall signifie his gratious pleasure thereanent, wherewith the saides petitioners shall be tymeously acquainted; and quherof mentione was judicially made to the Earles of Sutherland and Wymes, in name of the rest of the petitioners, and for themselues. And wheras the Duck of Lennox, his Grace, has beine ane eare and eye wittnes to all that was moued or treatted off in consaile concerning that matter, and quho is presently to repaire to his Maiesties royall courte; the saides Lordes intreattes the Duckes Grace to remonstratt to his Maiestie the trew estait of the bussines, with the maney pressing difficulties occuring therin; and to sollicit his Maᵗⁱᵉˢ gratious resolution theranent; for wiche ordaines tuo or three of the pryme persones, wich the counsaile shall make choysse offe, with a roll and list of the rest, to be deliuered to the Duckes Grace, to be represented by him to his Maiesty at his fitting conuenience. Extractum, &c. sic subscribitur.

JA: PRYMROSE.

* * * * *

1637.—October 9.

15. _Letter from the King to the Privy Council._[40]

CHARLES Rˣ,

Rᵗ Reuerend Father in God, &c. Wee greett you weeill. Wee haue seine the letter and petitions ze sent ws therwith, wiche wee thinke not fitt to ansuer at this tyme, bot will doe it quhen wee shall thinke fitt; and becausse wee are not resolued for the present quhen to doe it, wee command you to dissolue the meitting of this counsaile day, in so far as it does concerne this bussines; commanding them to repaire to ther auen duellings, wnder paine of horning, excepte such persons as shall make knowen to you just causse of stay, for ther particular affaires; and it is our furder pleasur, that you take especiall caire, and wsse your best endeuors, to find out and punishe the steires wpe of the lait tumulte at Edinbrughe and Glasgow; and so we bid you hartly fairweell, from our housse of Hampton Courte, 9 of October, 1637.

* * * * *

1637.—October 17.

16, 17, 18. _Acts of Council._[41]

Apud Edinburgh 17. Octob. 1637.

Forasmuch as it hath pleased the Kings Majestie, upon divers good respects and considerations, to give warrant and direction to the Lords of his Majesties Privie Councell, for dissolving the meeting of this Councell day, in so farre as concerneth matters of the Church: And that everie one that hath come to attend this businesse, repaire to their owne dwellings, except such persons as shall make knowne to the said Lords of Councell just cause of stay for their particular affaires; Therefore the said Lords, according to his Majesties speciall warrant and direction sent unto them, have dissolved, and by the tenour hereof doe dissolve the meeting of this Councell day, in so farre as concernes the businesse above written; And ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh, and to make publication hereof; And to command everie one that hath come hither to attend this businesse, to repaire home to their owne dwellings within 24. houres after the publication hereof, except such persons as shall make knowne to the said Lords just cause of their further particular affaires in manner aforesaid, under the paine of Rebellion, and putting of them to the Horne; with certification to them, that if they faile they shall be denounced Rebels, and be put to the Horn, and all their moveable goods escheat to his Majesties use.

Apud Edinburgh 17. Octob. 1637.

Forasmuch as it hath pleased the Kings Majestie, upon divers great and good considerations knowne to his Majestie, to remove his Councell and Session from the Citie of Edinburgh to the Burgh of Dundie: And whereas it is inconvenient at this time to remove it so farre, his Majestie is graciously pleased that this next Session shall be holden at the Burgh of Linlithgow, and the next after the ordinarie vacants at the Burgh of Dundie: And there to remaine during his Majesties pleasure: And therefore the said Lords, according to his Majesties speciall direction, ordaines Maissars or Officers of Armes to passe and make publication hereof to all his Majesties good subjects by open Proclamation at all places needfull, whereby they can pretend no ignorance thereof, but may prepare themselves to attend at Linlithgow and Dundie accordingly.

Apud Edinburgh, Octob. 17. 1637.

Forasmuch as the Kings Majestie is credibly informed, that there is a certaine booke intituled, A Dispute against the English Popish Ceremonies, obtruded upon the Kirke of Scotland, and hath beene sent abroad and dispersed in this Kingdome, purposely to stirre the hearts and affections of the subjects from their due obedience and allegence: And therefore it hath pleased his Majestie to give order and direction to his Councell, that diligent inquirie and search be made for the said booke; And for this effect the said Lords ordaines letters to be directed to make intimation and publication to all his Majesties subjects, that such of them as have anie of the said bookes, bring in the same to the Lords of his Majesties Privie Councell betwixt the date of this Proclamation and the __________ day of ______________ And the said bookes being brought in, that the same be publikely burnt, certifying all his Majesties subjects if any of those bookes shall be found or knowne to have beene with any of them after the time aforesaid, that they shall incurre the like censure and punishment as the Authour may be found to deserve for any thing contained in that booke.

* * * * *

1637.—October 18.

19. _Act of Council._[42]

At Haly-rud-house the 18 of Octob. 1637.

Forasmuch as a number of the Lords of his Majesties Privie Councell, as likewise the Towne Councell of Edinburgh, being this day conveened in their severall Judicatories for his Majesties speciall affaires and service, they were most rudely interrupted in the course of their proceedings, by a tumultuous gathering of the promiscuous and vulgar multitude, by whom his Majesties Councell and servants in an open way was shamefully environed: Which being a matter verie disgracefull to his Majesties Authoritie and lawfull Government, and which in the consequence thereof may produce dangerous effects, if the like bee not prevented in the time to come; Therefore the Lords of Secret Councell, according to the dutie of their place and charge incumbent unto them, Ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh, and there by open Proclamation to discharge all publike gatherings and convocations of his Majesties subjects within the Citie of Edinburgh, and upon the streets thereof; As likewise all private meetings tending to faction and tumult: And in his Majesties name and authoritie, to command and charge all his Majesties lieges and inhabitants within the said Citie, to containe themselves in peace and quietnesse; And for that effect to keepe their houses, except when their lawfull businesse doth otherwise call them, Under all highest paine and charge that by rigour of law can be inflicted upon the contraveeners of the premises in manner above expressed.

* * * * *

1637.—October 18.

20. _Petition of the Men, Women, Children, and Servants of Edinburgh to the Lord Chancellor, against the Service Book._[43]

MY LORD CHANCELLOUR,

Unto your Lordship humbly shewes, we, men, women, and children, and servants, indwellers within the Burgh of Edinburgh: That whereas we being urged with this Book of Service, and having considered the same, We finde many things therein so farre different from that forme of Gods publike worship universally received and professed within this Kingdome: And we Burgesses, being at our entrie and admission deeply sworne for the maintenance thereof, that now makes our hearts to tremble, and our weak consciences will not suffer us to imbrace and practise this urged Service: We have this long time past, winked at some former alterations, being put in hope that no further novations should follow. But now we being oppressed, with our just feares to see our selves deprived of that libertie in serving God which ever hath beene approved by Church and Kingdome: In place whereof we are now like to be constrained to imbrace another, which hath neither been agitated nor received either by generall Assemblie or Parliament: In such extremitie we are most humbly to supplicate your Lordship to consider our present estate, and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women, but it is the absolute desire of all our hearts for preservation of true Religion amongst us, which is dearer to us than either estate or life: And therefore we do humbly crave, that as the rest of the Kingdome, so we may have a time to advise, and that your Lordship may find out some way whereby we may be delivered from the feare of this and all other innovations of this kinde, and have the happinesse to injoy the true Religion, as it hath beene by the great mercie of God reformed in this land, and authorised by his Majestie, who may long and prosperously Reigne over us: And your Lordships answer.

* * * * *

1637.—October 18.

21. _Petition of the Noblemen, Gentrie, Ministers, Burgesses, and Commons to the Council against the Service Book and Book of Canons._[44]

MY LORDS OF SECRET COUNCELL,

Unto your Lordships humbly shews; We Noblemen, Barons, Ministers, Burgesses, and Commons; That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us, and readie to shew the great inconveniences which upon the introduction thereof must ensue, we are, without any knowne desert, farre by our expectation, surprised and charged by publike Proclamation to depart out of the town within twentie foure houres thereafter, under paine of Rebellion; by which peremptorie and unusuall charge, out feares of a more severe and strict course of proceeding are augmented, and course of our supplication interrupted: wherefore we are constrained, out of the deep griefe of our hearts, humbly to remonstrate, that whereas the Arch-bishops and Bishops of this Realme, being intrusted by his Majestie with the government of the affaires of the Church of Scotland, have drawne up and set forth, and caused to be drawne up and set forth, and injoyned upon the subjects two Books; In the one whereof, called the Book of Common prayer, not onely are sowne the seeds of divers Superstitions, Idolatrie, and false doctrine, contrarie to the true Religion established within this Realme by divers Acts of Parliament; But also the Service Booke of England is abused, especially in the matter of Communion, by additions, subtractions, interchanging of words and sentences, falsifying of titles, and misplacing of Collects, to the disadvantage of Reformation, as the Romish Masse is, in the more substantiall points, made up therein, as we offer to instruct in time and place convenient, quite contrarie unto and for reversing the gracious intention of the blessed Reformers of Religion in England. In the other book called Canons and Constitutions for the government of the Church of Scotland, they have ordained, That whosoever shall affirme that the forme of worship inserted in the Booke of Common Prayer and administration of the Sacraments, whereof heretofore and now we most justly complaine, doth containe any thing repugnant to the Scriptures, or are corrupt, superstitious, or unlawfull in the service and worship of God, shall be excommunicated, and not be restored but by the Bishop of the place, or Archbishop of the Province, after his repentance and publicke revocation of this his wicked errour; Besides one hundred Canons moe, many of them tending to the reviving and fostering of abolished superstitions and errours, and to the overthrow of our Church Discipline established by Acts of Parliament, opening a doore for what further invention of Religion they please to make, and stopping the way which Law before did allow unto us for suppressing of errour and superstition; And ordaining, That where in any of the Canons there is no penalty expressly set down, the punishment shall be arbitrary as the Bishop shall think fittest: All which Canons were never seen nor allowed in any Generall Assembly, but are imposed contrary to order of law, appointed in this Realm for establishing Constitutions Ecclesiasticall; unto which two books, the foresaid Prelates have under trust procured his Majesties Royall hand and Letters Patents, for pressing the same upon his loyall subjects, and are the Contrivers and Devisers of the same, as doth clearly appeare by the Frontispice of the Book of Common Prayer, and have begun to urge the acceptance of the same, not onely by injunctions given in Provinciall Assemblies, but also by open Proclamation and charge of Horning, whereby we are driven in such straites as we must either by Processe of Excommunication and Horning suffer the ruine of our estates and fortunes, or else by breach of our Covenant with God, and forsaking the way of true Religion, fall under the wrath of God, which unto us is more grievous then death. Wherefore we being perswaded that these their proceedings are contrary to our gracious Sovereign his pious intention, who out of his zeale and Princely care of the preservation of true Religion established in this his ancient Kingdome, hath ratified the same in his Highnesse Parliament 1633. And so his Majestie to be highly wronged by the said Prelates, who have so farre abused their credit with so good a King, as thus to insnare his subjects, rend our Church, undermine Religion in Doctrine, Sacraments, and Discipline, move discontent between the King and his subjects, and discord between subject and subject, contrary to severall Acts of Parliament: We out of bound duty to God, our King and native Countrey, complain of the foresaid Prelates, humbly craving, that this matter may be put to tryall, and these our parties taken order with according to the lawes of the Realm; And that they be not suffered to sit any more as Judges, untill the cause be tryed and decided according to Justice. And if this shall seeme to bee to you a matter of higher importance then you will condescend unto, before his Majesty bee acquainted therewith, Then wee humbly supplicate that this our grievance and complaint may be fully represented to his Majestie, That from the influence of his Gracious Soveraigntie and Justice these wrongs may bee redressed, and we have the happinesse to injoy the Religion, as it hath beene reformed in this Land.

* * * * *

1637.—November 15.

22. _Letter from the King to the Council._[45]

CHARLES Rˣ,

Rᵗ Reuerend Father in God, &c. Quheras ther are maney thinges at this tyme considerable for our seruice in that kingdome, wich wee cannot expresse at large be wreat wnto you, wee haue takin the occasion of our trustie and weill beloued cousin and counseller, the Earle of Roxbrughe, his repairing thither, that by him wee acquant you with our mynd, als far as wee haue conceaued fitting, vpone that wiche wee haue alredey hard from you. And it is oure pleasure, that in all thinges wich he shall communicat to you from ws, ather by word or wreat, concerning the present estait of that kingdome, you giue trust to him; and wee expecte, that in eurey thing wich you, or aney of you, haue found, ore shall find expedient for the vindicating of our honor, and quieting of the present disorders within that kingdome, ze will all giue that free aduice, and ioynt concurrence, wich wee are confident to receaue from our faithfull counsellers, quherof wee will be werey sensible, at most acceptable seruice done. Wee bid you fairweell, from our courte at Whithall, the 15 of Nouember, 1637.

* * * * *

1637.—December 7.

23. _Proclamation at Linlithgow._[46]

Apud Linlithgow septimo Decemb. 1637.

For as much as the Kings Majestie, having seene the Petition presented to the Lords of his Majesties privie Councell, and by them sent up to his Majestie concerning the Service Book, determined to have taken the same into his Royall consideration, and to have given his gracious answer thereanent with all conveniencie: Like as his Majestie by his letters to his Councell of the date of the ninth of October last, did signifie his gracious resolution to the effect aforesaid. But since that time, his Majestie finding (farre contrarie to his expectation) that such disorderly, tumultuous and barbarous insolencies have beene committed within the Citie of Edinburgh upon the eighteenth of October last, to the great contempt of his Majesties Royall authoritie, by abusing his Majesties Councellors and Officers of State, with others bearing charge and authoritie under his Majestie within the said Citie: His Majestie in a just resentment of that foule indignitie, (wherein his Majesties Honour did so much suffer) hath beene moved to delay the signification of his Majesties gracious intention, in giving to his subjects such satisfactorie answers to their Petitions as in equitie might have been expected from so just and religious a Prince; But yet his Majestie being unwilling that his Loyall and faithfull subjects should be possessed with groundlesse and uncessarie doubts and feares, His Majestie is pleased out of his goodnesse to declare, like as by these presents hee declareth, That as he abhorreth all Superstition of Poperie, so he will be most carefull that nothing be allowed within his Majesties Dominions, but that which shall tend to the advancement of the true Religion, as it is presently professed within his most ancient Kingdome of Scotland: And that nothing is or was intended to be done therein against the laudable lawes of this his Majesties native Kingdome. And ordaineth publication to bee made hereof in forme as aforesaid.

* * * * *

1637.—December 21.

24. _Speech of Lord Lowden to the Privy Council._[47]

After my Lord had, in all humility and submissiones, craued the Lordes of his Maiesties priuey counsaill, ther audience and patience, in respecte diuerse counsellors of the best sorte wer ther present, quho wer not acquanted with the progresse of the bussines; he declared the trew causse of the compirance of so grate a nomber of the nobility, gentrey, ministrie, and comons of all sortes ther, thus:—

My Lordes, (sayes he,) the subiecte of our complaint and contrawersie is religione, and lawes of the kingdome, wpone wiche dependethe bothe the weillfaire of the churche and comonwealthe, our condition of lyffe, our libertey and fortoune in this transitorey worlde, and the æternall happines in the lyffe to come; our deutie to Almightie God, the supreme King of Kinges, with our alledgeance and deutie to our soueraigne lord and master, the King’s Maiestie.

The matter of our regrate and griuance is, the alteratione of religione, in publicke forme of Gods worschipe, the most soleme action of ws all cretures in earth, wich by the innouvations complained off, is changed in doctrine, sacramentes and discipline, without and contrair to seuerall actes of parliament, and actes of nationall assemblies.

The innouations introduced, are chiffly the seruice booke, the booke of canons and constitutis, and the heighe commissione; in wich seruice booke are sowin the seedes of diuersse superstitions and heresies, that the Roman messe, in maney and substantiall poyntes, is made wpe therin; quhilke seruice booke and other nouations haue nather warrant of general assembly, nor of acte of parliament, bot contrarey to bothe, are introduced be the bischopes, quho haue caused sett fourthe ane booke of canons, quherin it is ordained, quhosoeuer shall affirme that the seruice booke containes aney thing erronious, shall be excommunicat; wich booke is the wsher and forrunner of the seruice booke printed therafter, quhilk by the bischopes conwayence was ratiffied by acte of parliament, and confirmed longe befor it was seine and printed, the bischopes for the tyme making wpe the counsaile, no nobleman being present ther quho did opposse it; and therafter by publick proclamatione cam fourth, chargeing all his Maᵗⁱᵉˢ subiects to conforme therto, as the onlie forme of Godes publicke worschipe to be wsed within the kingdome. After this the booke was printed, and as the booke was redey for the presse, letters of horning wer directed to charge the minister to bay the saides bookes for the wsse of the paroche, in Julij, wich moued them to giue in a bill of suspentione in Aguste follouing. The subiects finding themselues in the lyke danger, wnder one of tuo extremities, one being feared to be declared rebells and excommunicat one the one hand, ore forsaking the way of trew religione, one the other hand, contrarir to the sourne couenant with them, could find out no better meine, be ane legall and submissiue way, then to supplicat the Lordes of secret counsaile. Albeit thir innouations, by all thosse quho takes Gods worshipe to harte, doe wnderstand they wer contryuett to tend to the wtter ouerthrow of the trew religione, and laufull liberty of the subiectes. Zet to eschew the imputatione of factious conuocations and tumultous dealling, and to testifie ther loyalty to the King, they resolued to proceid in the most orderly way of supplicatting, by electinge one or tuo of the most grauest ministers in each presbyterey, and one or tuo descreitt gentlemen of each shyre, to prefer ther complaintes, remonstrances and griuances to the counsaile, by quhosse mediation the matter might be represented to the Kinges Maiestie, from quhosse justice, redresse was humblie craued and expected; and supplications at diuersse dyetts, giuen in name of the nobility, gentlemen, burrowes, and ministers, to that effecte, as the petitions themselues, that wich was giuen in the 23 of September, and that wpone the 18 of October, doeth cleirlie proport. At quhilke tyme, by warrant, appeirantly procured by the bischopes from his Maiestie, our supplicationes wer interrupted, and the counsaile at that tyme discharged to medle with churche bussines, and the supplicants to be discharged off the toune within 24 houres, wnder the paine of rebellione, wich feared them to giue in that supplicatione of the 18 of October, containing ane complaint aganist the bischopes, as contriuers, manteiners and vrgers of the booke. And the supplicants taking conweniencey of tyme, of the doune sitting of the sessione againe in Edinbrughe, the 15 of Nouember, commissioners wer chosen to attend his Maiesties anssuer, and doe quhat ells might conduce for furthering of ther lawfull desyres. The Earle of Roxbrughe being therafter sent from courte, did conweine the counsaile at Linlithgow, the 7 of September, quher ther was ane declaratione for the King, by oppin proclamatione at the mercat crosse of Edinbrugh, shouing that the Kinges Maiestie doethe abhore all superstitions of poprie, and wiolatione of the laudable lawes of the kingdome; and the supplicants wer desyred by the Earle of Roxbrughe and Traquair, Thesaurer, not to appeire at Linlithgow, wnder promisse that ther supplicatione should be judicially hard in counsaile the nixt weeke therafter, to the wich the counsaile wes appoynted to sitt at Dalkeithe; wher the commissioners and diuersse wther noblemen of good sorte, did attend the counsell to haue beine hard, bot wer postponit till the 21 of December.

After this relatione, he subsumed wpon the proclamatione, that thinges complined one wer superstitious, full of poprie and superstitione, and wiolatione of the lawes of the kingdome, quherwpon he groundit the supplicants confidence, to assist aganist the eiuells and the manteiners therof, seing his Maiestie, by proclamation, was cleired from authorizing the same.

After the forsaid relatione made by him, he presented a new bill, with a declinatour against the bischopes, and the double of the supplicatione presented the 23 of September, and 18 of October; and becausse no bischopes wer in the counsaile that day, some one quho remoued himselue befor the complainers cam in, he protested that the bischopes heirafter should not be permitted to sitt as ther iudges, wntill the causse was decydit, becausse they war parties, and albeit they be absent at this tyme, (said he,) zet they may be present at ane other tyme, and, possible both the most pairt of the counsaile and complainers shall be absent. The Chanceler with 6 or seuin other bischopes and coram of the counsaile, may determine vpone our causse and petitions, als weill as they passed ane acte of counsaile, for approuing the seruice booke befor it was ather printed or seine, which acte, wee persuade ourselues had neuer beine passed, if ather ther had beine a frequent counsaile, or if the bischopes had not beine predominant ingredientes at that tyme.

After this, he said, our desyres tend to no other end bot the præseruation of trew religion, the saluatione of our soules, and the subiectes lawfull liberties; and quher wee craue the matter to be trayed, and the bischopes and prælats delinquent takin order with according to iustice, wee nather craue ther blood, nore harme to ther persones; bot that the abusses and wronges done by them may be trewlie remonstrat to his Maiesty, that after dew trayell of the wronges, such order may be takin as the eiuells may be remedit; and that the power wich they haue takin may be restrained, that the lyke eiuells may be preuented in tyme to come.

Loudoun thus hauing endit his speach, Traquair, the Thesaurer, preceiding in counsaile, acknouledged the treuthe of the relatione and equity of the petition, and so remoued the parties complainers. It past to interloquitor, and thereafter in ane acte.

* * * * *

1637.—December 24.

25. _Act of Council._[48]

The Lordes of secrett counsaile, hauing heard and considered the tuo suplications and petitions giuen in by the noblemen, barrons, ministers and burgeses, and finding the matter in them conteinned to be of that waight and importance, that they cannot determine therein wntill his Maiestie be acquanted with the same, and his royall pleasur returned theranent. Therfor, the saides Lordes, for anssuer to the tuo suplications and petitions, declared that they present the same to his Maiesties royall consideratione, and that without prejudice of the declinator giuen in by the saides suplicants, quherwpon they shall be hard in tyme and place conuenient; and in the meane tyme shall receaue no præiudice: quherwpone the saides supplicants asked instruments.[49]

1638.—February 19.

26. _Proclamatian at Stirling._[50]

Charles by the grace God, King of great Britaine, France, and Ireland, defender of the faith, &c. To Our Lovits, &c.

Our Sheriffes in that part conjunctly and severally, specially constituted, greeting. For as much as Wee out of Our Princely care of maintenance of the true Religion already professed, and for beating downe of all superstition, having ordained a Book of Common prayer to be compiled for the generall use and edification of Our subjects within Our ancient Kingdome of Scotland, the same was accordingly done: In the performing whereof, We took great care and paines; So as nothing past therein but what was seene and approved by Us, before the same was either divulged or printed, assuring all Our loving subjects, that not onely Our intention is, but even the verie Book will be a readie meanes to maintaine the true Religion alreadie professed, and beat out all Superstition; Of which We in Our owne time do not doubt but in a faire course to satisfie Our good subjects. But having seene and considered some Petitions and Declarations given in to Our Councell against the said Book and late Canons of the Church, We find Our Royall Authority much injured thereby, both in the matter and in the carriage thereof; whereby We conceive these of Our Nobility, Gentrie, Burroughs, Ministers, and others, who kept and assisted these meetings and Convocations for contriving and forming the said Petitions, or who have subscribed the same, to deserve and bee liable to Our high censure, both in their persons and fortunes, as having conveened themselves without either Our consent or authoritie; Yet because Wee beleeve that what they have done herein is out of a preposterous zeale, and not out of any disloyaltie or disaffection to Soveraigntie, We are graciously pleased in so farre as concernes these meetings for consulting or subscribing of these Petitions, or presenting the same to any Judge or Judges in Our said Kingdome, to dispense therewith, and with what may bee their fault or errour therein, to all such as upon signification or declaration of Our pleasure shall retire themselves as becometh good and dutifull subjects: To which purpose Our will is, and We charge you straightly, and commands, that incontinent these Letters seene, you passe, and in Our name and authoritie make intimation hereof, to all Our lieges and subjects, by open Proclamation at all places needfull, wherethrough none pretend ignorance thereof; And therewith also, That you in Our name and authoritie discharge all such convocations and meetings in time comming, under the paine of treason: And also that you command, and charge, and inhibit all our lieges and subjects, that none of them presume nor take in hand to resort nor repaire to Our Burgh of Sterling, nor to no other Burgh, where Our Councell and Session sits, till first they declare their cause of comming to our Councell, and procure their warrant to that effect. And further, that you command and charge all and sundrie Provosts, Bailiffes, and Magistrates within Burgh, That they and everie one of them have a speciall care and regard to see this Our Royall will and pleasure really and dutifully obeyed in all points; And that no violation thereof be suffered within their bounds, under all highest paine, crime, and offence that they may commit against Us in that behalfe. As also that you command and charge all and sundrie Noblemen, Barons, Ministers and Burrowes, who are not actuall indwellers within this Our Burgh, and are not of the number of the Lords of our privie Councell and Session, and members thereof, and are already within this Our Burgh, that they, and everie one of them, remove themselves, and depart and passe forth of Our said Burgh, and returne not againe, without the warrant aforesaid, within six houres after the publication hereof, under the said paine of treason. And as concerning any Petitions that hereafter shall be given unto Us, upon this or any other subject, Wee are likewise pleased to declare, that We will not shut Our ears therefrom; so that neither the matter nor forme be prejudiciall to Our Regall Authoritie. The which to do We commit to you, conjunctly and severally, Our full power by these Our Letters, delivering the same by you duely execute and indorsed againe to the bearer. Given under Our Signet at Sterling the nineteenth day of February, And of Our Reigne the thirteenth yeere, 1638.

Per actum Secreti Concilii.

* * * * *

1638.—February 19.

27. _Protestation by Lords Hume and Lindsay._[51]

FOR GOD AND THE KING.

We Noblemen, Barons, Ministers, Burrowes, appointed to attend his Majesties answer to our humble Petition and complaint, and to preferre new grievances, and to do what else may lawfully conduce to our humble desires; That whereupon the 23. of September last, wee presented a Supplication to your Lordships, and another upon the 18. of October last, and also a new Bill relative to the former upon the 19. of December last, and did therein humbly remonstrate our just exceptions against the Service Book, and Book of Canons; and also against the Archbishops and Bishops of this Kingdome, as the contrivers, maintainers, and urgers therof, and against their sitting as our Judges untill the cause be decided; earnestly supplicating withall to bee freed and delivered from these and all other innovations of that kinde, introduced against the laudable Lawes of this Kingdome; as that of the High Commission, and other evils particularly mentioned, and generally contained in our foresaid supplications and complaints, and that this our partie delinquent against our Religion and Lawes may be taken order with, and these pressing grievances may be taken order with and redressed according to the Lawes of this Kingdome, as by our said supplications and complaints more largely doth appeare: With the which on the 19. of December last, we gave in a Declinator against the Arch-bishops and Bishops as our parties, who by consequence could not be our Judges; whereupon your Lordships declared by your Act at Dalkeith the said 19. of December, that you would present our Petitions to his Majesties Royall consideration, and that without prejudice of the Declinator given in by us the said supplicants; whereupon we should be heard at place and time convenient, And in the mean time should receive no prejudice, as the said Act in it selfe beareth. And whereas we your Lordships supplicants with a great deale of patience, and hope also, grounded on sundry promises, were expecting an answer to these our humble desires, and having learned that upon some directions of His Majesties anent our supplications and complaint unto your Lordships of the Secret Councell, your Lordships admits to the consulting and judging anent our supplications, and His Majesties answere thereunto, the Archbishops and Bishops our direct parties, contrarie to our Declinator first propounded at Dalkeith, and now renewed at Sterling; and contrarie to your Lordships Act aforesaid at Dalkeith, and contrarie to our Religion and Lawes, and humble supplications. Therefore lest our silence be prejudiciall to this so important a cause, as concernes Gods glorie and worship, our Religion, Salvation, the Lawes and Liberties of this Kingdome, or derogatorie to the former supplications and complaints, or unanswerable to the trust of our Commission; out of our bound dutie to our God, our King and native Countrey, we were forced to take instruments in Notaries hands, of your Lordships refusall to admit our Declinator, or remove these our Parties, and to protest in manner following: First, That we may have our immediate recourse to our sacred Soveraign, to present our grievances, and in a legall way to prosecute the same before the ordinarie competent Judges, Civill or Ecclesiasticall, without any offence offered by us, or taken by your Lordships. Secondly, We protest that the said Archbishops and Bishops, our Parties complained upon, cannot be reputed or esteemed lawfull Judges to sit in any Judicatorie in this Kingdome, Civill or Ecclesiasticall, upon any of the supplicants, untill after lawfull tryall judicially they purge themselves of such crimes as we have already laid to their charge, offering to prove the same whensoever His Sacred Majestie shall please to give us audience. Thirdly, We protest that no Act nor Proclamation to follow thereupon, past, or to be past in Councell or out of Councell, in presence of the Archbishops and Bishops, whom we have already declined to be our Judges, shall any wayes be prejudiciall to us the supplicants, our persons, estates, lawfull meetings, proceedings, or pursuits. Fourthly, We protest that neither we nor any whose heart the Lord moveth to joine with us in these our supplications against the foresaid Innovations, shall incurre any danger, in life, lands, or any Politicall or Ecclesiasticall paines, for not observing such Acts, Bookes, Canons, Rites, Judicatories, Proclamations, introduced without or against the Acts of Generall Assemblies, or Acts of Parliament, the Statutes of this Kingdome; But that it shall be lawfull for us or them to use our selves in matters of Religion of the externall worship of God and Policie of the Church, according to the word of God, and laudable Constitutions of this Church and Kingdome, conforme to His Majesties Declaration the ninth of December last. Fifthly, Seeing by the legall and submisse way of our former supplications, all who takes these Innovations to heart, have been kept calme and carried themselves in a quiet manner, in hope of redresse; We protest, that if any inconvenience shall happen to fall out (which we pray the Lord to prevent) upon the pressing of any of the foresaid Innovations of evils, specially or generally contained in our former supplications and complaints, and upon your Lordships refusall to take order thereanent, the same be not imputed to us, who most humbly seeks all things to be reformed by an Order. Sixthly, We protest that these our requests, proceeding from conscience and a due respect to His Majesties honour, doe tend to no other end, but to the preservation of the true reformed Religion, the lawes and liberties of this His Majesties most ancient Kingdome, and satisfaction of our most humble desires contained in our supplication and complaint, according to his Majesties accustomed goodnesse and justice, from which we doe certainly expect that His Sacred Majestie will provide and grant such remedie to our just petitions and complaints, as may be expected from so gracious a King toward most loyall and dutifull subjects, calling for redresse of so pressing grievances, and praying to God that his Majestie may long and prosperously reigne over us.

* * * * *

1638.—March 3.

28. _Instructions from his Majesties Council to the Lord Justice-Clerk, whom they have ordained to go to Court for his Majesties service._[52]

In the first, you are to receaue from the clercke of the counsaile all the actes since our meitting one the 1 of Marche instant.

Item, you haue to represent to his Maᵗⁱᵉ, that this dayet of counsaile was appoynted to be keipt solemley, by adwisse of the Lord Chanceler and remanent Lordes of the clergie, beinng at Edinbrughe for the tyme, quo assurid ws that they wold keepe the dayett preceisly; bot at our meitting at Stirlinge, wee receaued a letter of excusse from the Lord Chanceler, wich forced ws to proceid without his presence, or aney other of the Lordes of the clergie, except the Bischope of Brechin, quho attendit with ws three dayes, bot remoued befor the closinge of our oppinion anent the bussines.

Item, imediatly after wee had resolued to directe you with a letter of trust to his Maiestie, wee did send our letter to the Lord Chanceler, acquanting him with our proceidinges, and desyring him to consider therof, and if he approued the same, to seinge them, and causse the remanent Lordes of the clergie, being ewest to him, and namlie, the Bischope of Brechin, quho was ane eare and eye wittnes to our consultations, to signifie the same to his Maiestie, and by his letter to signifie hes approbation therof; or if his Lordschipe did find aney other way more conuenient for his Maiesties honor, and peace of the countrey, that his Lordschipe, by his letter to the (L’s) Thesaurer and Priuey Seall, wold acquant them therwith, to the effecte they might conweine the counsaile for consulting theranent.

Item, that ze show to his Maiestie, that the counsaile, all in one woyce, findes, that the causse of the generall combustion in the countrey, are the fears apprehendit of the innouation of religion and discipline of the kirke, established by the lawes of the kingdome, by occasione of the seruice booke, booke of canons, and heighe commission, and formes of introduction therof.

Item, you are to represent to his Maᵗⁱᵉ our humble oppinions, that seing, as wee conceaue, the seruice booke, booke of canons, and heighe commission, (as is sett doune) are the occasione of this combustion; and that the subiects offers them to proue, wpone perrill of ther liues and fortuns, to cleir that the said seruice booke, and wthers forsaides, conteine diuersse poyntes contrarey to the trew religion presently professed, and lawes of the kingdome, in matter and maner of introduction; that the Lordes thinkes it expedient, that it be represented to his Maiesties gratious consideratione, that his Maiestie may be pleassid to declare, as ane acte of his singular iustice, that his Maiestie will take trayell of his subiects griuances, and reasons therof, in his auen tyme, and in his auen way, according to the lawes of the kingdome; and that his Maiestie may be pleassed gratiously to declaire, that in the meane tyme he will not presse nor vrge his subiectes therwithe, notwithstanding of aney acte or warrand made in the contrarey.

And in caisse his Maiesty shall be gratiouslie pleassed to approue of our oppinions, you are therafter to represent to his Maiesties wysse and gratious consideratione, if it shall be fitting to consulte his Maiesties counsaile, or some suche of them as he shall be pleased to call, ore allow to be sent from the table, both anent the tyme and way of doing.

Item, if his Maiestie (as God forbid) shall dislyke of quhat wee conceaue to be most conducing to his Maiesties seruice and peace of the kingdome, you are to vrge by all the arguments you can, that his Maiestie doe not determine vpone aney other coursse, wntill some at least of his counsaile from this be hard to giue the ressons of ther opinions; and in this caisse you are lykwayes to represent to his Maiesties consideratione, if it shall not be fitting and necessar to call for his informers, togider with some of his counsaile, that in his auen presence he may haue the reasons of both informations fully delatted.

Item, you shall show to his Maiestie, that his counsaile, hauing takin to ther consideratione quhat furder was to be done, for compessing and settling the present combustion within the kingdome, and dissipatinge of the conuocations and gatheringes within the samen, seing that proclamations are alredey made and published, discharging all suche conuocations and wnlawfull meittinges, the (L’s) after debaitting, findes they can doe no furder then is alredey done heirin, wntill his Maiesties pleasur be returned to thir our humble remonstrances.

* * * * *

1638.—March 5.

29. _Letter from Traquair and Roxburgh to the King._[53]

MOST SACRED SOVERAIGN,

Although the miserable Estate of this poor Kingdome will be sufficiently understood by Your Majesty from this Gentleman, Sir John Hamilton’s Relation, yet we conceive our selves in a special manner bound and obliged to represent what we conceive does so nearly concern Your Majesties Honour and Service; and therefore give us leave truly and faithfully to tell Your Majesty, that since the last Proclamation, the fear of Innovation of Religion is so apprehended by all sorts of Subjects from all corners of this Kingdom, that there is nothing to be seen here but a general Combustion, and all men strengthening themselves by subscribing of Bonds, and by all other means for resisting of that which they seem so much to fear. This is come to such a height, and daily like to increase more and more, that we see not a probability of Force or Power within this Kingdom to repress this Fury, except Your Majesty may be graciously pleased, by some Act of Your Own, to secure them of that which they seem so much to apprehend, by the inbringing of the Books of Common-Prayer and Canons.

The way which the Subjects have taken and daily go about in the prosecution of their business is inexcusable, and no ways agreeable to the duty of good Subjects, but Your Majesty is wisely to consider what is the best and safest course for Your Own Honour and Peace of Your Government; and since Religion is pretended to be the cause of all, if it shall not be a safe course to free them at this time of Fears, by which means the wiser sort will be satisfied, and so Your Majesty enabled with less pain or trouble to overtake the Insolencies of any, who shall be found to have kicked against Authority.

We are the rather moved at this time to be of this opinion, that having found it the opinion, not only of those to whom Your Majesty wrote in particular, (except of the Marquis of Huntley, who as yet is not come from the north:) but of most of the Noblemen, and men of respect within this Kingdom: we find few or none well-satisfied with this business, or to whom we dare advise Your Majesty to trust in the prosecution thereof; and if any have, or shall inform Your Majesty to the contrary, give us leave humbly to intreat Your Majesty, to be pleased to call them before Your Self, that in our presence You may hear the reasons of both Informations fully debated. So praying God to grant Your Majesty many happy days, and full contentment in all your Royal designs, we humbly take our leave, and rest,

Your Majesties humble Servants,
and faithful Subjects,
Traquair.
Roxburgh.
Sterlin March 5. 1638.

* * * * *

1638.—March 5.

30. _Letter from the Council to Marquis of Hamilton._[54]

OUR VERY HONOURABLE GOOD LORD,