(3) Lands belonging to Collegiate Churches or Provostries.—There were about 40 such Collegiate Churches in all. Richest of them, and ranking in some respects by itself, was The Chapel-Royal of Stirling, the staff of which consisted of a Dean, a Sub-Dean, and about thirty other officers, priests, and choristers. Next in importance perhaps was St. Giles’s Church in Edinburgh, which had been erected into a Provostry in 1466, and of which Gavin Douglas was Provost before his promotion in 1516 to the Bishopric of Dunkeld. Two other Provostries in Edinburgh were those of Trinity Church and St. Mary’s in the Fields, the latter to be tragically famous afterwards as Kirk o’ Field. Collegiate Churches near Edinburgh were those of Corstorphine, Restalrig, Dalkeith, and Roslin; and among the most numerously composed of the others in different parts of Scotland were those of Peebles, Dunbar, Biggar, Carnwath, Seton, St. Salvator’s College and Kirkheugh in St. Andrews, St. Nicolas in Aberdeen, Our Lady College of Glasgow, and Lincluden in Galloway, which last had been originally, as records prove, a Nunnery, but had been transmuted into a Provostry before the end of the fourteenth century. To complete the tale of the Provostries or Collegiate Churches, however, add those of Bothwell and Hamilton in Clydesdale, Crail in Fife, Crichton in Midlothian, Dirleton, Dunglass, and Yester or Bothans in Haddingtonshire, Dumbarton, Foulis and Guthrie in Angus, Kilmun in Argyleshire, Abernethy, Methven, and Tullibardine in Perthshire, Kilmaurs and Minnibole in Ayrshire, Semple in Renfrewshire, Cullen in Banffshire, and Tain in Ross-shire. There might perhaps be some additions still to the list.

Provostries then still surviving in other parts of the country were at least these eight: Biggar (William Fleming provost), Bothwell (John Hamilton), Dumbarton (Cuthbert Cunningham), Guthrie (Gabriel Guthrie in 1576, but succeeded after a while by Mr. Patrick Lindsay), Kilmun (a Campbell, of course), Lincluden in Galloway (Mr. Robert Douglas), Methven (Mr. James Heron), and St. Bothans or Yester (Mr. Walter Hay).

Two of the Provostries in this last list of eight, viz. that of Guthrie in Forfarshire and that of Methven in Perthshire, had been the subjects, one finds, of litigation before the Privy Council. The hereditary patron of the Kirk of Guthrie being the Laird of Guthrie, known as Alexander Guthrie of that Ilk, he had, in virtue of the powers conceded to him by the Act of Regent Moray’s Parliament of 1567, conferred the Provostry, when it became vacant, on his own son, Gabriel Guthrie, to serve as a bursary for that youth during his education at the University of St. Andrews, and one of the Prebendries at the same time on another of his sons, Andrew Guthrie, for the same purpose. This clever family arrangement had been contested, but had been upheld by the Council. Similarly, in the case of the Provostry of Methven, which had been bestowed by Lord Methven, as patron, on Mr. James Heron, together with the ministry of Methven parish, the Council had in 1576 ratified, against strong opposition, Mr. Heron’s claim to the full conjunct fruits of both benefices. It seems to have been an unpopular decision; and Mr. Heron is found in bad odour on account of it among his parishioners and neighbours, and also in the Church Courts, for a good many years afterwards.—The most interesting Provostry in the list, however, is that of Lincluden in Galloway. It had been held since 1547 by Mr. Robert Douglas, a natural son of Sir James Douglas of Drumlanrig. He had obtained letters of legitimation in 1559, and had since then been a very prominent man in public affairs. He had figured among the adherents of the Hamiltons in the Marian interest during the Regencies of Mar and Morton, and been in trouble in consequence; but since 1585 he had been one of the chiefs of the Council and Ministry of the Coalition Government of the Restored Lords, with high State-office, and with an assured career of further distinction. As he was a layman and a laird, he must have held his Provostry by a kind of tenure of lay-commendatorship; but, though conspicuous in this respect, he was not singular. Some of the other Provostries in the list were, indeed, as we have seen, held by clerics and parish-ministers; but not all. Several of them, besides Lincluden, were held by laics. Thus we are again reminded of the fact that, though the name “Commendators” was reserved distinctively for those high laics who had stepped before 1587 into the possession of the great monastic benefices, the Abbacies and Priories, of the pre-Reformation Church, it might have been applied with almost equal propriety to those other laics who had succeeded to the benefices of the old Secular Clergy. There had been attempts, as we have seen, to turn even some of the Bishoprics into mere lay-commendatorships; and there were many laics, some of them politicians and lawyers, in possession of the emoluments of old parochial livings, and styled “parsons” and “vicars,” though only commendator-parsons and commendator-vicars. So, as we now find, the Provostries of the old Collegiate Churches, though clerics might be preferred for them, might be held in lay-commendatorship. That the Provostry of Lincluden in particular, one of the most distinguished and valuable of all the Provostries, should have been held in this fashion was the more natural, perhaps, because it had originally been a Monastery and had been transformed into a Provostry. Mr. Robert Douglas, as Provost of Lincluden, was in his proper place among the Commendators.

Bishopric of Moray: Alexander Douglas till his death in 1623; then John Guthrie.

We may now resume the story of Charles’s Revocation Edict at the point at which it was left off p. cvii ante, i.e. in September 1626, when it was proclaimed that certain Commissioners appointed by his Majesty for receiving surrenders of rights affected by his Edict would hold their first meeting on the first Wednesday of the following November.

When the first Wednesday of November came, there was no such meeting of the Commissioners; nor is anything further heard of them in that month or for a good while later. The delay was caused by efforts at one more remonstrance with his Majesty on the subject of his Edict even at this stage of its progress. See footnote at pp. 456-7 for an account of the meetings in Edinburgh during November of the Scottish nobles and lairds most aggrieved by the Edict, and of the meetings in Edinburgh in the same month of the Scottish bishops and other chiefs of the clergy, nominally for deliberation on measures for checking the growth of Popery, but really also for consultation on the Revocation Edict as it affected the Kirk. The result was the despatch to London of two deputations to his Majesty. That from the Clergy consisted of Patrick Lindsay, Bishop of Ross, John Guthrie, Bishop of Moray, and Messrs. Walter Whiteford and William Struthers, ministers, and that from the Nobles and Lairds of the Earl of Rothes, the Earl of Linlithgow, and Lord Loudoun, these three selected, it would appear, as being about the youngest of the peers, and likely to be received more graciously on that account. What was the tenor of the instructions given to the deputation from the clergy can only be guessed, as that deputation does not come again into sight; but the three young deputies from the nobles and lairds carried with them a petition signed by the nobility generally, the purport of which was that the terms of his Majesty’s missives hitherto on the business of his Revocation, and especially the terms of his summons at law against those who should not surrender their infeftments, were too harsh, and required modification or abatement. One of those who signed the petition was the Earl of Melrose; it is possible even that he may have drafted it. “Old Melrose,” at all events, had been, as usual, the most active man in the conferences of the nobles, and their principal adviser. He had, however, an idea of his own for the crisis, which may not have been embodied in the petition, but which he communicated to his Majesty by private letter. It was that, all things considered, it would be best for his Majesty to call a Parliament immediately, and have its advice on the whole subject of his Revocation before proceeding further.

The great “New Commission anent the Revocation” issued at Whitehall on the 17th of January 1627 was in the hands of the Privy Council at Edinburgh on the 30th of January (pp. 507-8 of Register). The order of the Council respecting it that day was that, as soon as it had passed the Great Seal, it should be universally published and circulated, and that, for this purpose, it should be embodied in a Proclamation, of which 1000 copies should be printed. There was some demur by Sir John Scot of Scotstarvet, as Director of the Chancery, to the passing of the Commission through the Great Seal until it should have been amended in one point of form in which it was defective; but, this demur having been overruled by the Council (p. 508), the document received the necessary authentication; and, on the 3rd of February 1627, it was duly proclaimed and published. A copy of it as so proclaimed, taken from one of the printed copies kept for the Council’s own use, will be found at pp. 509-516 of the Register. It is a longer and more prolix document than any of those that had preceded it in the same business; but all that is essential in it may be condensed thus:—

Composition of the Commission.—The New Commission (doubtless an enlargement of the previous Commission announced in July 1626, but now superseded) consisted of no fewer than 68 persons, as follows:—Conjunct Presidents of the Commission, Archbishop Spotswood and Lord Chancellor Sir George Hay. Twenty-four Representatives of the Nobility named in this order: the Earl of Mar, as Lord High Treasurer; the Marquises of Hamilton and Huntly; the Earls of Angus, Errol, Marischal, Menteith, Rothes, Morton, Eglinton, Moray, Nithsdale, Winton, Linlithgow, Wigton, Roxburgh, Melrose, and Annandale; Viscounts Stormont and Ayr; and Lords Yester, Loudoun, Colvill, and Burley. Nine Prelates in addition to Spotswood, viz.: Archbishop Law of Glasgow, and the Bishops of Dunkeld (Alexander Lindsay), Aberdeen (Patrick Forbes), Moray (John Guthrie), Ross (Patrick Lindsay), Galloway (Andrew Lamb), Dunblane (Adam Bellenden), Brechin (David Lindsay), and Caithness (John Abernethy). Twenty-three Representative Knights and Lairds, viz.: Secretary Sir William Alexander, Treasurer-Depute Sir Archibald Napier, Justice Clerk Sir George Elphinstone, King’s Advocate Sir William Oliphant, King’s Advocate Mr. Thomas Hope (these five officially), Sir James Skene, Sir William Livingston of Kilsyth, Sir Alexander Gibson of Durie, Sir George Auchinleck of Balmanno, Sir Archibald Acheson of Glencairn, Sir Andrew Fletcher of Innerpeffer (these last six all Judges of Session), Sir Robert Gordon of Lochinvar, Sir John Wemyss of that Ilk, Sir Alexander Gordon of Cluny (these three Nova Scotia Baronets), Sir John Stewart of Traquair, Sir James Learmonth of Balcomie, Sir John Hamilton of Lettrick, Sir Patrick Ogilvie of Inchmartin, Sir John Maxwell of Nether Pollock, Sir John Charteris of Amisfield, Sir James Baillie of Lochend, Mr. John Leslie of Newtoun, and Archibald Campbell (brother of the Laird of Lawers). Ten Representatives of Burghs, viz.: the Provost of Edinburgh, Mr. John Hay, Town Clerk of Edinburgh, the Provost or the Commissary Clerk of St. Andrews, Duncan Paterson in Stirling, Gabriel Cunningham, burgess of Glasgow, John Corsan, burgess of Dumfries, the Provost of Dundee, John Cowan, burgess of Stirling, Duncan Forbes, Provost of Inverness, and Robert Alexander, burgess of Anstruther.—The Commission, it will be seen, contained representatives, though in different proportions, of the various Estates of the kingdom. It was, in fact, to be a Convention of the Estates, but chiefly of the Nobility and the Gentry. The regulation as to a quorum was that it should consist of twelve of the members at least in addition to Archbishop Spotswood and Chancellor Hay as presiding; of which twelve three must be nobles, three bishops, three lesser barons, and three burgesses. It is to be noted that the Nobles and the Lairds, which were the Estates most largely represented in the general Commission, though not quite so in the quorum, were the Estates most interested in the business of the Revocation. Not a few of the nobles on the Commission were among the Lords of Erection whose titles were especially challenged, as will be seen on comparing the list with the list given at pp. cxliv-cxlvi ante of the Erections down to the year 1625. It is worth noting also that the Earls of Rothes and Linlithgow and Lord Loudoun, the deputies who had carried the recent remonstrance to London, were included in the Commission, as well as the Earl of Melrose.—The Clerks of the Commission were to be James Primrose, Clerk of the Council, and a Mr. James Law.

Whereas, “althoght the hanting, frequenting and useing of pilgrimages to chapellis, wellis, croceis, and such otheris monumentis of idolatrie, and setting furth of bonefyris, singing of carrellis within and about kirkis at certane seasonis of the yeir, be prohibite and forbiddin be the lawis of this kingdome, and speciallie be ane Act of Parliament maid in the moneth of October j^m vj^c [sic. l. v^c] fourscore ane yeiris, under certane paneis mentionat and contenit thairintill, nevirtheles thair is sindrie personis within the boundis of the diocie of Murray who, to the dishonour of God, contempt of the true relligioun, and foistering of errouris amongis his Majesties goode subjectis, still useis the saidis supersticiall and Papisticall rites, takand the gritter bauldnes to continew in thair foolishe doingis be reasone of thair oversight and impunitie and that the said Act of Parliament hes not ressaved effect nor executioun”: Therefore, his Majesty, with advice of the Lords of Secreit Council, “hes maid and constitute, and be the tennour heirof makis and constitutes, the reverend father in God, Johnne, Bishop of Murray, and the baillie of the regalitie of Spynie and his deputtis, conjunctlie and severallie, his Majesties justiceis in that part for putting of the said Act of Parliament to dew and full executioun in all poyntis aganis all and sindrie personis contravenaris of the said Act within the boundis of the said diocie of Murray,” with power to the said justices to apprehend and imprison offenders, hold courts for their trial, appoint officers and summon juries for such courts, and inflict the statutory penalties on those found guilty. There is the usual charge to all the lieges to concur with the said justices; and the commission is to endure for one year from the present date.—Signed, Geo. Cancell., Mortoun, Ja. Glasgow, Wintoun, Kokburne.

“Ane missive from his Majestie anent ane Conventioun of the Esteatis; wherunto the whole Counsell present gaif thair allowance and appointit the same to be at Edinburgh upoun the 27 of October nixt, and thay all promeist to keepe that dyet praecislie. And, fordere, missives wer directit to the Marques of Huntlie, the Earlis Mairshaell, Murray, Rothes, Montrois, Eglintoun, Cassillis, Menteith, Buchane, Kinghorne, Galloway, the Vicount of Stormonth, the Lordis Ogilvy, Elphinstoun, Boyd, Burley, Ross, Semple, Yestar, Gray, Balmerinocht, Torphichine, Colvill, Ramsay, Spynie, Lowdoun, Blantyre; bishopis of Murray, Brechin, Galloway, Caithnes, Abirdeene; to the shireffis and commissionaris for the small baronis of Edinburgh, Hadingtoun, Lynlythgw, Striviling, Air, Fyffe, Perthe, Forfar, Innernes, Peblis, Roxburgh, Lanerk, Abirdeene, Drumfreis, Kincairdine; and to the burrowis of Edinburgh, Perthe, Dundee, Abirdene, Striviling, Air, St Androis, Glasgw, Hadingtoun, Lynlythgw, Coupar, Culrois, Monrois, Irwing, Drumfreis, Bruntiland, Elgin, Brechine.”—See ante, p.135.

Conventioun:—Nobles—Chancellor; Treasurer; St Androis; Mairshaell; Rothes; Mortoun; Eglintoun; Cassillis; Buchane; Murray; Caithnes; Wyntoun; Linlithgow; Perthe; Wigtoun; Kinghorne; Roxburgh; Bugcleugh; Melros; Galloway; Lauderdaill; Vicount Stormont:

Bishoppis—Dunkeld; Abirdene; Murray; Galloway; Brechin; Dumblane; Caithnes:

Lordis—Gray; Yester; Semple; Elphinstoun; Ogilvie; Ros; Boyde; Torphichine; Lowdoun; Balmerinoch; Culrois; Blantyre; Burley; Cranstoun; Melvill; Coupar; Carnegye; Ramsay:

Officiaris—Privy Seal; Treasurer Depute; Advocate; Master of Requests:

Commissionaris for the Schirefdomes of: Edinburgh—Corstorphine, Sir James Dundas; Hadingtoun—Sir Johnne Seytoun, Gosfurde; Bervick—West Nisbet, Ryislaw; Roxburgh—M^cKairtoun, Morislaw; Peiblis—Tracquair, Blakbaronie; Lanerk—Letterik, Goslintoun; Drumfreis—Amisfeild, Lag; Linlithgow—Bonhard, Boghall; Striviling—Keir, Polmais; Air—Cairltoun, Enterkine; Fyffe—Balconie, Torrie; Perth—Weyme, Inchesture; Kincairdin—Morphie, Balmayne; Abirdene—Frendraught, Lesmoir younger; Innernes—Schireff of Cromartie:

Commissionaris for the Burrowis of: Edinburgh—Johnne M^cNaught, Thomas Weir; Perth—Andro Gray; Dundie—Thomas Haliburtoun; Abirdene—Paull Menyees; Striviling—Johnne Cowane; Linlithgow—James Glen; Air—Johnne Osburne; St Androis—Robert Taileour; Glasgow—Patrik Bell; Hadingtoun—Mr James Cokburne; Drumfreis—Francis Irwing; Monros—Robert Keyth; Coupar—David Andersoun; Culrois—George Bruce; Brechin—Johnne Udnie; Bruntiland—Williame Meklejohnne; Carraill—Johnne Mackiesoun; Innernes—Duncane Forbes; Forfar—Mr David Persoun; Anstruther Easter—Robert Alexander.

Conventioun.—Sederunt ut in vigesimo septimo Octobris, una cum the Earlis of Nithisdaill and Annanderdaill, the Vicount of Air, and Justice Clerk.

Mr Alexander Skeene, advocate, as procurator for the cautioner, registers a bond of caution by Patrik Fleming of Carbrain, that, if it be found that Alexander Fleming of Mones is justly due to John Campbell of Kenloch, as assignee of Archibald Prymrois, writer, and Archibald Campbell of Glencarradaill, the sum of £1000, as the fine of the said Alexander for reset of the Clangregour, in terms of decree of the Lords dated 15th September 1613, after discussion of a suspension to be purchased by the said Alexander of letters of horning following on the said decree, then the said cautioner will pay the said sum, and also 40 merks for the said Alexander’s escheat: with clause of relief. The bond is dated at Comernald and Edinburgh 5th and 6th April 1626: witnesses, Alexander Livingstoun of Bamtoun, Patrik Fleming in Balloch, Robert Glasfurd, David Fleming, and Mr Harie Scott, servitors to the Earl of Wigtoun, and John Miller, John Guthrie, and John M^cCaulay, writers. Alexander Fleming, being unable to write, signs by two notaries, Robert Kirkwoode, and James Kirkwood, his servitor.

Of the very important Royal Commission referred to in this entry there is no express record in the Register of Council, though it is mentioned in a preceding Royal Letter of the 21st of July 1626 as then already in existence (see ante, p. 352). It is recorded, however, in the Register of the Great Seal (vol. viii., No. 969) as dated at Wanstead, 11th July 1626, and to endure at the pleasure of the King. The Commissioners so appointed to deal with those of his Majesty’s Scottish subjects that came within the compass of his Revocation Edict, and to receive voluntary surrenders from them of alienated Crown rights and properties, were these twenty-four, viz.:—For the Nobility, Sir George Hay of Kinfauns, Chancellor, John, Earl of Mar, John, Earl of Montrose, President of the Council, William, Earl of Menteith, George, Earl of Winton, and John, Earl of Annandale (any vacancies in this list by death or absence to be supplied by Alexander, Earl of Linlithgow, John, Earl of Wigtown, William, Viscount of Ayr, and John, Lord Yester); for the Clergy, John, Archbishop of St. Andrews, James, Archbishop of Glasgow, Patrick, Bishop of Ross, Alexander, Bishop of Dunkeld, Patrick, Bishop of Aberdeen, and Adam, Bishop of Dunblane (vacancies in this list to be supplied by the Bishops of Moray, Whithorn, Brechin, and Caithness); for the Lesser Barons, Sir William Alexander of Menstrie, Sir Archibald Napier of Merchiston, Treasurer Depute, Sir George Elphinstone of Blythswood, Justice Clerk, Sir James Skene, President of the Session, Sir George Auchinleck of Balmanno, one of the College of Justice, and Sir Robert Gordon, one of the gentlemen of the King’s Privy Chamber (vacancies in the list to be supplied by Sir Alexander Gordon of Cluny, Baronet, Sir John Maxwell of Nether Pollok, Sir John Charteris of Amisfield, and Sir James Baillie of Lochend, Treasurer of the Navy); and, for the Burghs, the Provost of Edinburgh for the time, Mr John Hay, Clerk of the said burgh, the Provost of St. Andrews, or John Arnot, Commissary Clerk of the said burgh, as the said burgh should see fit, Duncan Paterson, burgess of Stirling, Gabriel Cunningham, burgess of Glasgow, and John Corsan, burgess of Dumfries (vacant places in this list to be supplied by the Provost of Dundee for the time, John Cowan, burgess of Stirling, Duncan Forbes, Provost of Inverness, and Robert Alexander, burgess of Anstruther). The appointed quorum was to be any twelve of the foregoing, provided there were three present for the Nobility, three for the Clergy, three for the Minor Barons, and three for the Burghs.

Most Sacred Soverane.—The bishoppis and principall ministeris of all quarteris of this your Majesteis native kingdome, for preventing that danger whiche the evident increase of the nomber and power of Papistis may breede, haveing convenit in this toun, and resolved to send some of thair nomber to shawe youre Majestie the perrell, with thair opinioun of the most convenient remedies, haif required us, who haif the honour to be of your Counsell, to recommend thair desires in that purpois to your Majestie; whiche the visible perrell of religioun and state could not permitt us to refuse. For, altho we gaif thame assurance of the performance of all that law could warrand us to doe, by commanding shireffis to apprehend the excommunicat rebellis and tak thair houssis, and, whair thay exspected the shireffis ather to be of small power or not weele affected, we offered particulair commissionis to ony whome thay sould name as most able and willing to doe your Majestie that service, yit, understanding by thame that in some pairtis of the cuntrey the Papistis ar so strong in kinred, alliance, and freindship that nane of the boundis dar or can execute ony commissioun aganis thame, we could not of dewtie omit to recommend the remedie thereof, and all thair other petitionis tending to the securitie of Religioun and State aganis the plottis and power of Papistis, to your royall and most religious consideratioun and directioun; whiche we sall most humblie and hairtlie obey, and ever beseeke God lang to preserve and blisse your Majestie with all perfite happienes. We rest.—Halyrudhous the last of November 1626. St Androis, Wyntoun, Melros, Dunkeld, Abirdene, Dunblane, Lauderdaill, Lord Arskine, J. Hamiltoun, Ar. Naper.

As this letter purports, there had been a Convention in Edinburgh recently of “bishops and principal ministers” from all parts of the kingdom. Though nominally for the consideration of church-matters in general and the alarming increase of Popery in Scotland in particular, it had really also been for the consideration of the special interests of the Church and the Clergy as they might be affected by the enforcement of his Majesty’s Revocation Edict. The result had been the appointment of a deputation, consisting of Patrick Lindsay, Bishop of Ross, John Guthrie, Bishop of Moray, and Messrs. Walter Whiteford and William Struthers, ministers, to proceed to Court and represent matters to his Majesty. The presence at Court of such a clerical deputation was all the more necessary because the Scottish nobles, after much deliberation over the interests of their own order as imperilled by the Revocation, had just appointed a similar deputation to his Majesty on that business, consisting of the Earl of Rothes, the Earl of Linlithgow, and Lord Loudoun, three of the youngest and most promising of the Scottish nobility. In Balfour’s Annales (ii. 152), where there is special mention of this deputation of the nobles as appointed “in the end of November,” there is also mention, in connection with it, of a letter of advice that had been written to his Majesty at the same time by the Earl of Melrose. “Olde Melros,” says Balfour, “wreatts to his Majestie and counsells him to call a Parliament, as the onlie way to give his Majesty content and to setle the feares and jelosies of his subjects,” viz., the fears and jealousies roused among all ranks by the Revocation Edict. Melrose, in fact, seems to have been the chief adviser of the nobles in this crisis, and had signed the petition which the three young nobles of the deputation were to present to the King. As described by Balfour, it was to “make reasonable offers anent his Summonds of Reductione one his Revocatione.”

About this time the Earl of Rothes, the Earl of Linlithgow, and Lord Loudoun seem to have been at Court, beginning conferences with his Majesty in their capacity as deputies from the Scottish Nobility on the great business of the Revocation Edict and bearers of the petition which the nobles had addressed to his Majesty on that subject (ante, p. 457, footnote). Their access to his Majesty had not been easy. According to Balfour (Annales ii. 152 and 153) they had been “debarred approching to the Courte by Secretary Alexander at his Majesties command,” and stayed for a while at Stamford, only forwarding the petition. That in itself had given offence. “His Majestie,” says Balfour, “storm’d at ther petition, as of too heigh a straine for subjects and petitioners.” His Majesty meanwhile had been in correspondence with the Earl of Melrose respecting the Earl’s advice to him to call a Scottish Parliament as the only effective means of tiding through the crisis of his Revocation project (ante, p. 457, footnote), and, though declining that advice for the present (he had had enough recently of English Parliaments), and also intimating that he had not been pleased that the deputation of the nobles had set out from Scotland without his permission, had signified that on the whole “he liked well of their intentions” (see Sir William Fraser’s Memorials of the Earls of Haddington, vol. i. p. 170). Hence, after a little while, Rothes, Linlithgow, and Loudoun had been forgiven, and permitted to come to Court. As the deputation from the Scottish Bishops and Clergy, consisting of Bishop Lindsay of Ross, Bishop Guthrie of Moray, and Messrs. Whiteford and Struthers (ante, p. 457, footnote), were already there, one has to imagine his Majesty in consultation with the two deputations, separately or conjointly, through the latter half of December 1626. The result will appear ere long.

Mr John Paip, younger, advocate, as procurator for principals and cautioners, registers (1) Bond of Caution by Mr Andro Fletcher, John Yeaman, James Forrester, Patrick Baxter, Gilbert Wentoun, James Simpsone, William Coppine, and William Alexander, merchants, and Alexander Gray, maltman, burgesses of Dundie, that William Forrester, captain of the ship called The James of Dundie, will use lawfully the commission dated 16th January instant granted to him against the common enemy [as in former cautions, ante, p.295]; with clause of relief. The bond is dated at Edinburgh and Dundie, 18th and 20th January 1627: witnesses, George Thomesoun, writer to the Signet, George Halyburtoun and John Lindsay, his servitors, and Charles Bultie, George Wentoun, and Thomas Kessane in Dundie.

(2) Bond of Caution by Patrick Kynnaird, William Coppine, Henrie Guthrie, Alexander Blair, and Patrick Stevinsoun, skippers, William Rodger, skinner, and James Ramsay and Thomas Broun, maltmen, burgesses of Dundie, that Thomas Auchinlek, captain of the ship called The Goldin Lyoun of Dundie, will make lawful use of the letters of marque granted to him, dated 16th January instant, as above; with clause of relief by the said captain, and by the cautioners proportionally. The bond is dated at Edinburgh and Dundie, 18th and 20th January 1627: witnesses, John Yeaman, merchant burgess of Dundee, the foresaid George Thomesone, and George Halyburtoun, his servitor, George Broun, merchant, and Charles Bultie, mariner, burgesses of Dundie, Thomas Kessan, notary, and Walter Rankein, skipper, burgess of Dundie.

“The quhilk day the Commissioun send doun be his Majestie anent the Revocatioun [see ante, p. 485, footnote] wes produceit, red, and allowit in Counsell, and delyverit in presence of the Counsell to Mr Johnne Oliphant, his Majesteis agent, to the intent he may caus the same be exped the Chancellarie and the grite seale; and, howsoone it is sealled, ordanis that publicatioun salbe maid thairof at the mercat croceis and parroche kirkis of this kingdome, and that copyis be send thairof to the Bishoppis, to the intent thay may direct the same to the ministeris within thair dioceyis, to be publist be thame at thair parroche kirkis; and ordanis missives to be writtin to the whole Commissionaris to be heir upoun the first day of Marche nixttocome, to attend upoun the Commissioune; and ordanis a thousand copyis of the Proclamatioun to be prented.”

“Forsameekle as the Commissioun signed be the Kings Majestie and presentit to the Lords of Secreit Counsell anent the componing and agreing with his Majesteis subjectis in the mater concerning the late Revocatioun [ante, p. 485, footnote] wants that claus which ordinarlie is insert in commissiouns of that kynde properlie concerning his Majestie,—to witt that the commissioun signed be his Majestie sould be a sufficient warrand to the great seale without anie farther precepts to be direct thairupon,—whairupon the Directour of the Chancellarie makes some scruple and doubt to exped that Commissioun unlesse it have the ordinar solemniteis and warrands of the Signet and Privie Seale; and seing the expeding of this Commissioun may not, without his Majesties great hurt and prejudice and disappointing of his Majesteis effaires intendit be this Commissioun, abyde so muche tyme and leasure whill it be past the Signet and Privie Seale: Thairfoir the Lords of Secreit Counsell ordanis and commands the said Directour of the Chancellarie, as also the Keepar of the Great Seale, to passe and exped the said Commissioun with diligence, notwithstanding it wants the solemnitie of the Signet and Privie Seale; whairanent these presents sall be thair warrand.”

God Save the King.—CHARLES, by the grace of God, King of Great Britane, France, and Ireland, Defender of the Faith, etc., to all and sindrie our lieges and subjects whom it effeirs to whose knowledge these our letters shall come, and to our loveds [blank], messengers, our shireffes in that part, conjunctlie and severallie, speciallie constitute, greeting.—

Forsamekle as we being of late humbly petitioned by a great number of our nobilitie and gentrie of this our ancient kingdome of Scotland desiring a competent number of Commissioners to bee appoynted to conveene and treate of all that may concerne our profite and patrimonie within our said kingdome, whereby such lawfull meanes may be advised as may give all reasonable satisfaction to our just desires and supplie to our patrimonie and affaires extraordinarlie important in these difficult times, as the said petition at more length proports: and wee being willing to take a faire course with all such of our loving subjects of our said kingdome as shall before the expiration of this our Commission (which wee do hereby speciallie appoynt to begin to sit upon the first daye of March next ensewing and so foorth to continue till the first day of August following, and so foorth during our pleasure) voluntarilie treate with out Commissioners after-mentioned concerning the erections and temporalities of benefices, superiorities, few dueties, or other certaine rent of silver or victuall of the said temporalities, teynds, and patronages of the said benefices, mortified landes and rents, heritable offices and regalities, changed tenours or holdings, and taxt wardes, propertie and casualities of our Crowne or Principalitie, unlawfullie acquired or possessed by any of them, and yet fitting to bee secured unto the present possessours thereof upon reasonable conditions, and concerning what compositions shall be given by the said possessours unto us for new rights of the said patrimonie or propertie:

Therefore Wee, for freeing of our said subjects from their preposterous feares causleslie conceived upon our late Revocation, and from the unnecessarie charges which they might perhaps sustaine either by repairing unto our person or by our persueing of our right and title to the premises by due course of law, Have nominat and appoynted, like as wee by the tennour heerof nominats, appoyntes, and constitutes, the persons after-mentioned:—viz. the right reverend father in God and our right trustie and well-beloved counsellour, John, Archbishop of S. Andrewes; our right trustie and well-beloved counsellour, Sir George Hay of Kilfawnes, knight, Lord High Chancelour of our kingdome of Scotland; our right truiste cousin and counsellour, John, Earle of Marre, Lord High Thesaurer of our said kingdome; the right reverend father in God and our right trustie and well-beloved counsellour, James, Archbishop of Glasgow; our right trustie cousin, James, Marquesse of Hamiltoun; our right trustie cousin and counsellour, George, Marquesse of Huntlie; our right trustie cousins, William, Earle of Angus, Francis, Earle of Erroll; our right trustie cousins and counsellours, William, Earle of Marshall, William, Earle of Menteith; our right trustie cousin, John, Earle of Rothesse; our right trustie cousin and counsellour, William, Earle of Mortoun; our right trustie cousin, Alexander, Earle of Eglintoun; our right trustie cousins and counsellours, James, Earle of Murray, Robert, Earle of Niddisdaile, George, Earle of Wintoun, Alexander, Earle of Linlithgow, John, Earle of Wigtoun, Robert, Earle of Roxburgh, Thomas, Earle of Melros, John, Earle of Annandale;

the reverend fathers in God and our well-beloved counsellours, Alexander, Bishop of Dunkell, Patrick, Bishop of Aberdene; the reverend father in God, John, Bishop of Murray; the reverend father in God and our well-beloved counsellour, Patrick, Bishop of Rosse; the reverend father in God, Andrew, Bishop of Galloway; the reverend father in God and our well-beloved counsellour, Adam, Bishop of Dumblane; the reverend fathers in God, David, Bishop of Brechin, and John, Bishop of Cathnesse;

our trustie cousins and counsellours, David, Vicount of Stormont, William, Vicount of Air; our trustie cousins, John, Lord Yester, John, Lord Lowdoun; our trustie cousin and counsellour, James, Lord Colvill; our trustie cousin, Robert, Lord Burly;

our trustie and well-beloved counsellours, Sir William Alexander, our Secretarie, Sir Archibald Neper of Marchinstoun, knight, our Deputie Thesaurer, Sir George Elphinstoun, Justice Clerke, Sir William Oliphant, our Advocate;

our trustie and well-beloveds Sir James Skene, President of our Session, Sir William Livingstoun of Kilsyth, knight, Sir Alexander Gibsoun of Durie, knight, Sir George Auchinleck of Balmanno, knight, Sir Archibald Achison of Clencarne, knight, Sir Andrew Fletsher of Innerpeffer, knight; Sir Robert Gordoun, knight-barronet, Sir John Weemes of that Ilk, knight-barronet, Sir Alexander Gordoun of Clunie, knight-barronet, Sir John Stewart of Troquhair, knight, John Leslie of Newtoun, Sir James Leirmonth of Balcomie, knight, Sir John Hammiltoun of Lettrick, knight; Sir Patrick Ogilvie of Inchmartin, knight, Sir John Maxwell of Nether Pollok, knight, Sir John Charterhouse of Aimsfield, knight, Sir James Baillie of Lochend, knight, Mr Thomas Hope, our Advocate, Archibald Campbell, brother to the Laird of Lawers,

the Provest of Edinburgh for the time, Mr John Hay, towne clerk there, the Provest of S. Andrewes or the Commisser Clerk as the Counsell of the towne shall appoynt, Duncane Patersone in Striviling, Gabriel Cunnynghame, burgesse of Glasgow, John Corsane, burgesse of Dumfreisse, the Provest of Dundie for the time, John Cowane, burgesse of Striviling, Duncane Forbes, Provest of Innernesse, and Robert Alexander, burgesse of Anstruther:—

with full power to them and to any such number of other persons as wee shall bee pleased to adjoyne to these persons above-named (not exceeding the number of five persons), or any twelve of them or either of them with the said right reverend father in God and our right trustie and well-beloved counsellour the Archbishop of S. Andrewes and our right trustie and well-beloved Counsellour the Lord Chancellour, or any one of these two, provyding that there bee three of the said number of twelve of the nobilitie, three of the bishops, three of the gentrie, and three of the burgesses, to treate, deale, compone, transact, and aggrie with such person or persons as shall at any time heereafter before the expiration of this our Commission bee contented to treate, aggrie, and modifie such reasonable satisfaction for the said erections and temporalities of benefices, few dueties, or other certaine rents of silver or victuall of the said temporalities, teynds, and patronages of the said benefices, mortified lands and rents, heritable offices and regalities, changed tennours or holdings and taxt ward, property and casualities of the Crowne or Principalitie, unlawfullie acquired or possessed by any of them, and yet fitting to be secured unto the present possessours of the said propertie upon reasonable conditions, as said is; and concerning what composition shall be given by the said proprietars and possessours unto us for securing their titles of such of the premisses as are fitte for them to hold in all time coming:

with power to them, or any twelve of them in manner particularly above written, to appoynt times and dayes of meeting, and to prorogate and continew the same as they shall thinke most expedient during the time limited unto them in manner above written:

with power also by commissions or other lawfull wayes or meanes to enquire of the just rentalles and valuation of the premisses, and to take true information of every parties rights and titles of the same, and of the sufficiencie or unsufficiencie thereof, that satisfaction may bee ordered and modified accordingly; and to treate, transact, and aggrie what should bee given to the said parties for their pretended rights to such of the premisses to any part or partes of the particulars above-mentioned as are fitt to bee disponed or resigned by them; and anent the most convenient and lawfull forme how the said parties may be fullie denuded, and how lawfull dispositions thereof may bee made unto others who are willing to buye their titles or premisses; and how the superiorities and few dueties and heretable offices may bee resigned unto us and restored to our Crowne againe, thairwith to remaine for ever: and that the [said sup]eriorities may bee resigned without any composition at all other then shall bee modified for the few dueties and certaine rents [depend]ing upon the said superiorities, and how the changed tennours or holdings and taxt wards may bee reduced to the same estate [wherei]n they were before the same were taxed and changed; or otherwayes how the same may be confirmed de novo for a reasonable increase of yeerely rent to our Crowne or compositions;

and with power to our saide Commissionars, or any twelve of them in manner above-written, to disjoyne or dissolve such united paroshins, and divide such spatious paroshins, as shall by them bee found needfull for the better ease and comfort of our subjects, and to provide for the sufficient building and reparing of the churches thereof, and to make sufficient provision for those churches whereof the teynds shall be resigned or disponed as aforesaid, if the saide churches bee not already sufficiently provided, and for provyding of their ministers with sufficient locall stipendes and fies, and to treat, conclude, and aggree upon such pious use, and for establishing of such schooles in the remote places of our said kingdome as shall bee by them or any twelve of them as aforesaid be thought expedient.

And also with power and authoritie to our saids Commissioners, or any twelve of them as said is, to call and convene before them the immediat heritours, tackesmen, and possessours of all such lands out of which the teynds so to bee treated for by the parties are led or otherwise payed, and to advise for them such new lawfull rights and securities of the said teynds as they shall thinke fit, and for such compositions and yeerely dueties to bee reserved to us as our said Commissioners, or any twelve of them as said is, and the said parties shall aggree upon, and in such maner as may stand with the lawes of our said kingdome.

For confirmation whereof and of the whole rights so to be made of the premisses, we, out of our royall and gratious intention, doe promise in verbo principis, and doe bind ourself and our successours, to ratifie and approve all such rights of the teynds, lands, and premisses as shall be made or advysed by our said Commissioners, or any twelve of them in manner foresaid, in the favoures of the saide parties, and that in our next Parliament to bee holdin within this our kingdome; and to doe all and whatsomever other things that shall bee found expedient by our said Commissioners, or any twelve of them in manner foresaid, for the better securing of the said parties of their rights of the said teynds, lands, and premisses which shall be thought fitt to our saids to bee secured or estated to remaine with the said parties:

And likewise we doe promise in verbo principis, and bind and obleish us and our successours, to give or cause bee given to the persons surrendering or disponing the said particulare, or any of them, such reasonable satisfaction as shall bee aggried upon by our said Commissioners, who are to consider both our clame and the enterest of the said parties titles; and their said satisfaction shall bee duely performed before the said parties interest shall denude themselves either of their right or possession of any of the premisses.

And, to the effect that all parties interest in any of the premisses may take notice of our gracious disposition and intention towards them, and that they may have due warning to prepare and provyde themselves for the better buying of their owne teynds and for settling of the securities of thair lands, Our Will is, and we charge you straitly and commands, that incontinent these our letters seene yee passe and in our name and authoritie make publicatioun and intimatioun hereof by open proclamation at the market crosses of the head burrowes of every shire within this our kingdome, and at the parish kirks of the same, that thereby notice may be given to all our said subjects who pretend any right to any of the particulares above-mentioned that wee have appointed the said Commissioners to treate and aggree with such and so many of them as during the sitting of our said Commission shall come to treate, transact, and aggree with them; with certification that, if any of the saide parties shall neglect and refuse to come in and aggree with our said Commissioners, they shall accept [? expect] no such condition nor aggreement hereafter, but shall be persewed by our Advocates in a legall course of justice for annulling their titles, either by decreet of Parliament or otherwise, as wee and our said Advocats shall thinke fit; and with further certification that, incace the proprietares or tacksmen or rentallers of lands [doe] not come in and aggree with our said Commissioners before the expiration of this our Commission for their owne teynds to bee secured unto them, that then and in that cace wee shall further secure the same unto the parties now having titles thereto for suche a reasonable yeerely rent to our crowne as our said Commissioners shall appoint or thinke expedient, according to the nature of their pretended rights; excepting alwayes the teynds of our Propertie and Principality fitte to be bought in, either by us or our vassalles and tennants of our said Property and Principalitie, at such rates as our said Commissioners shall appoint, according to the validitie of the parties titles thereunto;

and with further intimation that it is not our intention or pleasure to quarrell or annull any of the confirmed fewes or other lawfull rights of any of the lands of the temporalities of benefices formally set by the ancient titulars thereof without diminution of the rentalls or fewes granted by our dearest lord and father of worthie memorie unto any of the Lords of Erections before their erections without diminutioun of the rentall nor fewes formarly bona fide bought by any of the Lords of Erections or by any others from them before our late Revocation from any heritour thereof without diminution of the rentall, nor yet to quarrell or annull any of the fewes set by the said Lord[s] of Erections before the dait of our late Revocation, which was of the dait the [blank] day of [blank] the yeare of God a thousand sixe hundreth twentie [blank] yeares, unto any of their owne vassels without diminution of the rentall; provyding alwayes that the immediate superioritie and few dueties of the same may bee lawfully divolved and established upon us and our successors by resignation or otherwise as shall be thought most meet.

As also that it is our expres pleasure and intention that the mansion places, circuits, orchards, and gardens of all the said abbacies, priories, nunries, colledges, hospitalls, and etc. shall be fewed unto such of the Lords of Erection as now are in present and actuall possession thereof, without any other composition then a very small few duety, to be a testimony that the same are holden of us immediatly.

As also that such demesnes and other mens[al lan]ds or other parts of the said temporalities as were never heretofore set in few nor rentalled by the ancient titulars before the a[ct of erec]tion thereof, nor by our said dearest lord and father of blessed memorie since the said Act, and yet are presently possessed by any [of the s]aid Lords of Erections, may and shall be also fewed unto the said Lordes of Erections themselves, and to no other over their heads to their prejudice, and that for such reasonable few dueties as our said Commissioners in manner foresaid shall appoynt.

And also the said abacies, nunries, colledges, hospitalls, and other lands of the temporalities of benefices which are now erected may and shall bee fewed unto the present possessours thereof, and to none others, for such reasonable compositions and few dueties as our said Commissioners shall think fitt, according to the validitie or invaliditie of their present titles thereunto, which wee are gratiously pleased to amend unto them by all the lawfull wayes and meanes which can be devised by our said Commissioners.

And likewise that it is our expresse will and pleasure that the changed tenors or holdings and taxt wards may be reduced to their ancient estate and forme of holding as they were before the same were changed, or otherwise confirming them de novo for a reasonable increase of yeerly rent to our crowne or composition.

And also that our said Commissioners may and shall duely consider of all such other things as do concerne either the ancient property or casualities of our Crowne and Principalitie mentioned in our said late Revocation or Summonds of Reduction and Improbation; and, if they shall find any such things either unduely acquired or unjustlie withholden from our said Crown or Principality, and yet fit to be secure to the present possessours to be holden of us, that our said Commissioners shall advertise us thereof, and of the meanes how the same may be best secured to the said possessours, and upon what conditions; because our gratious intention is to secure them all in a faire, beneficiall, and ample manner, and upon such reasonable conditions as our said Commissioners in manner foresaid shall thinke fitt.

And with further intimation that, how soone soever we shall bee agreed with all and fully satisfied with the whole premisses at the sight of our said Commissioners in maner as said is, that then and from thencefurth all actions upon our said Revocation shall be discontenued and made null, as our said Revocation had never bene made, and the present Action of Reduction and Improbation depending before the Lords of our Session concerning any of the premisses shall also after our receiving of the said full satisfaction be absolutly and simpliciter past from, with all that hath followed or may follow thereupon; and that we, having first receaved satisfaction as aforesaid, shall in our next Parliament to be holdin in this our kingdome secure, by delyverance, decreet, or confirmation in Parliament, all such infeftments and securities of any of the lands, teynds, and premisses as our said Commissioners shall aggrie upon and think fitte to be secured from us, our heirs and successours, and in such large and beneficiall manner as our said Commissioners in manner foresaid shall thinke fit or advise, aggreable with the lawes of this our kingdome.

And, lest the parties who are to receive their reasonable satisfaction for such teynds, few dueties, heritable offices, regalities, and such like, as they who are to resigne or dispone by vertew of the intention of this our present Commission should think themselves any wise prejudged by the long want or delay of their said satisfaction, at least the parties who are to pay the said satisfaction should too much linger, neglect, or delay the payment therof, it is our pleasure that, intimation being made that, if the said parties interest in the title of any of the lands, teinds, heritable offices, regalities, or premisses shall not after agrement be payed and receive their said reasonable satisfaction after such a time as our said Commissioners shall appoint, the said agrement and modification shall be null and of no availl, so that the said parties may and shall bee in that same case as formerly before the dait hereof, and shall no wayes be oblished and astricted to performe the said aggrement.

Moreover it is our expresse will and pleasure, like as wee by the tennour hereof gives full power and authority to our said Commissioners in manner as said is, to consult and aggree upon the establishing and annexing of a certaine Patrimonie to our Crowne, therewith to remaine in all time comming: as likewise to consult and advise such a solide course therein as no part of our said Patrimonie may hereafter be disponed from our Crowne, except in open Parliament and by expresse deliverance and decreet thereof, and for the sene well of this our kingdome, conforme to the laudable custome and intention of our noble progenitours.

And, in case that any objection should occurre which may effectuallie concerne the furthering of our gratious desires heerein, or the parties lawfull interest, the which by this our Commission is not mentioned nor fully cleared, wee doe hereby give full power and authoritie to our saide Commissioners in manner foresaid to compose, order, and aggrie the same as they shall think the same may bee best and most lawfully done; otherwise, if they doe finde a necessitie that wee should particularlie expresse our meaning therein, that then our said Commissioners certifie the said doubte or doubts unto us, whose answere to the same, beeing returned backe againe unto them, shall bee as sufficient as if the same were worde by worde contained in this our Commission.

Provyding alwise, like it is hereby speciallie provyded, that our said Commissioners, nor none of them, shall make any finall conclusioun in any of the premisses untill the time wee be first fully certified thereof and approve the same; and so much the rather because our subjects interest in the premisses have nor [not] submitted nor are not bund to submit themselves unto this our present Commission, nor are further bound thereby then upon their owne future voluntare aggrement or approbation of what shall be concluded or aggreed upon by our said Commissioners.—

And we doe hereby nominat, appoint, and constitute our loveds, James Prymrose, Clerke of our Privie Counsell, and M. James Law, to be the sole and only clerks to this our present Commission and untill the finall end and expiration thereof; which is to indure till the said first day of August next, and further during our pleasure.—

The which to doe wee commit to you, conjunctly and severally, our full power by these our letters, delivering the same by you duelie execute and indorsed againe to the bearer.—

Given under our Signet at Haly-Rood-House the third day of Februar and of our reigne the second yeere, 1627.—Per actum Dominorum Secreti Consilii. Edinburgh, printed by Thomas Finlason, his Majesties printer.

This momentous document, the reproduction in due legal form for Scotland of the Royal mandate mentioned in the footnote at p. 485 ante as having been issued at Whitehall on the 17th of January preceding, is not taken, it ought to be explained, from the regular manuscript Register of the Council. Having just acknowledged receipt of the Royal mandate appointing the great Commission, having arranged most punctiliously for its passing the great seal, and having given orders for its proclamation at all the market crosses and its publication in all the parish-kirks in the kingdom, and also for the immediate printing of a thousand copies of it for circulation among the clergy and among all others interested, (ante, p. 507 and p. 508), the Council had done their duty by the document, and did not need to insert a written copy of it in their own minutes. All the same the document was properly and strictly a Council document, and of the thousand copies of it that had been ordered to be printed a number must have been kept in the Council Office and must have lain on the Council table for the use of the members of Council for months to come. One of these printed copies has been preserved among the Miscellaneous Council Papers of the period of the present volume; and it is from this copy that we have here taken the text of the document. It has been thought better to insert it here than to reserve it for a place of such less conspicuous publicity as it would occupy among the Miscellaneous Papers at the end of the volume, and this the rather because the insertion of it entire at this point is almost necessary in order to make subsequent entries in the Council Register sufficiently intelligible.

On comparing this copy of the great Commission on Surrenders and Teinds as it came into operation in Scotland on the 3rd of February 1627 with the copy printed in Connell’s Treatise on Tithes of the original Royal mandate for the Commission as it had been given at Whitehall on the 7th of January preceding (ante, p. 485, footnote), it is found that the present copy incorporates that original mandate all but verbatim from the words “Forsamekle as we being of late humbly petitioned” to the words “which is to indure till the said first day of August next, and further during our pleasure,” the only exceptions being (1) the occasional conversion of the pronouns “wee” and “our” of the one text into the equivalent “his Majesty” and “his Majesty’s” in the other, (2) the correction in the present text of some verbal inaccuracies in Connell’s copy of the original mandate, due to the fact that Connell’s copy was not of contemporary date, but obtained from a Collection of Historical Manuscripts. The initial words of the present text, from “God save the King” to “greeting,” and the concluding words from “The which to doe” to the end, were formalities necessary in the Scottish Proclamation of the Commission.—It is especially important to note the composition of the Commission. It consisted now of 68 named persons, viz.:—Archbishop Spotswood of St. Andrews and Lord Chancellor Sir George Hay, named first with a kind of conjunct precedence, followed immediately by Lord Treasurer the Earl of Mar and Archbishop Law of Glasgow; after whom come 21 more of the Nobility (2 Marquises, 15 Earls, 2 Viscounts, and 2 Lords), and 8 more Prelates; then 23 Knights, Baronets, and others belonging to the order of Lairds or Lesser Barons, or, as we should now say, the Landed Gentry,—a considerable proportion of them law-officials; then 10 Burgesses or representatives of Burghs. In this intermixture in the Commission of representatives of all the various Estates of the kingdom, and the further regulation that to constitute a quorum of the Commission three of each of the Estates should always be present, we see, as has been remarked before (ante, p. 485, footnote), that the Commission was intended to be a real Convention of Estates, and was as good as any so-called Convention of Estates would have been, with the incalculable advantage over so-called Conventions of Estates of having powers to sit permanently for five months at least, and as much longer as his Majesty might please. Here, in fact, under the name of “The Commission on Surrenders and Teinds,” was a deliberative and executive body that was to sit thenceforth in Edinburgh, beside the Privy Council, for a special business, and with independent powers within the limits of that business. Twenty-seven of the Commissioners, it will be observed, were also members of the Council.

Robert Craig, advocate, as procurator for the cautioner, registers a bond of caution by Hew Tod, writer to the Signet, that Margaret Porterfield, relict of Mr George Tod, writer, will not molest John Mayne in Schyresmilne, nor his family, tenants, etc., under the penalty contained in the lawburrows direct thereupon. The bond is dated at Edinburgh 23rd May 1627: witnesses, Richard Guthrie, servitor to Mr John Schairp of Houstoun, advocate, and John Kincaid, servitor to the cautioner, and writer of the bond.

98. Unto the honorabill the lordis of his Majesteis Counsell, be it knawin that we, the Justices of Peace, elders, and minister of Urquhart undersubscryvand, efter our dyvers meiting amongs our selfs and adwys takin with the rest of the elders and honest men of the paroche for our obedience to his Majesteis charge concerning the leweing of unprofitable and maisterles personis, etc., fand and declairis thes personis quhais names is subjoinet to be suche as sould be remowit and imployet in his Majesteis service in Germanie: viz. James Adams, Alexander and James Cante his brother, Andro Hay in Stainewallis, and Andro Hay, his brother, alias Pikindailes, Alexander Culbock, Alexander Norie alias Wallace, Walter Kemp now in Waikmill, Jhone Merschell at the Milhilend, James Steinsone, courreour, James Udward, Jhone Symson alias Makschifte, Alexander Andersone, sone to Alexander Andersone alias Persie, Alexander Mitchell, son to umquhill Robert Mitchell.

Be this present also declairis Alexander Quhyte, tailyeour in Cottis. This present writtin and concludit at Germoik the 11 of Junij 1627. Jhone Merschell in Germoik also ordanet to be insert.

(Signed) Alexʳ. Innes, ane Justice off Peace, Johne Chalmer, ane elder, Robert Dunbar, ane of the elderis, Mark Miller, ane of the elderis, David Dunbar, elder, Michaell Stronoche, elder, Michaell Mawer, elder, James Andersone, elder, Johne Innes, M. James Guthre, minister at Urquhart.

[Indorsed] The diligence of the parochineris of Urquhart for finding out maisterles and insufficient persons, Junij 1627.

Complaint by Sir William Oliphant of Newtoun, and Mr. Thomas Hoip of Craighall, his Majesty’s advocates, and William Buchan, burgess of Arbroth, as follows:—On 5th July instant “Johne Hamiltoun, Chamberlane of Arbroth, come to the said Williame Buchane when as he wes going doun the Hie Streit of Arbroth in a peaceable maner doing of his laughfull effaires and thair chaised the said Williame with a chairgit pistollett in his hand throw James Guthreis barn and barn-yaird of purpose to have shott and slaine him with the said pistollett, wer not be the providence of God he wes withholdin and stayed be some of the nighbours of the toun.

Thairafter the said compleaner haveing gone to the shoare for lossing of some geir, the said Johne upoun knowledge thairof followed him to the shore with the said pistolett, and thair of new presented the same unto him to have shott him thairwith, and so hardlie persewed him thairwith that he wes forced to flee aff the shoare to ane cockeboate and to goe to the sea till the said Johne went away; and the said Johne, maligning that he had mist the compleaner at that tyme, he cryed out and avowed with manie fearefull and execrable oaths that afoir he went hame to his awin hous he sould have the compleaneris lyffe altho all the Erles and Lords in Scotland would take his pairt.

And siclyke upoun the [blank] day of July instant the said compleaner haveing come in to the dwelling hous of Johne Wallace in Arbroth whair the said Johne without his knowledge happenned to be for the tyme and the said Johne, perceaveing him comming throw the rowme whair he wes, he or ever the compleaner wes awar of him or knew he wes thair, violentlie threw ane pynt stoup at him and almost feld him thairwith, thairafter pulled forth ane whingear and preassed to have stricken him thairwith wer not he wes withholdin and stayed. And not content heerewith he thairafter come to the compleaners buith and searched and sought him thair to have bereft him of his lyffe, swearing and avowing that he sould never ceasse, nor meate nor drinke sould never doe him good, till he had the compleaners lyffe, and he sould take him out of his awin hous aganis all that would take his pairt. Sua that the said compleaner wes forced to come away quyetlie in the night for meaning of himselffe to his Majesteis Counsell, and darre not as yitt returne hame for feare of his lyffe, to the great neglect and hinder of his effaires.”

Both parties compearing and evidence having been led, the Lords found “that the said Johne Hammiltoun boore and woore pistolets and chaist and minassed the said Williame Buchane in maner and at the tyme lybellit,” and ordain him to pay a fine of 40 merks to his Majesty’s Treasurer and Receivers of Rents, to find caution in 500 merks for the indemnity of the pursuer, and not to wear firearms in future, and to pay the witnesses in the cause, every horseman £4, and every footman 40s.

Forsameekle as the Lords of Secreit Counsell hes thought meete and expedient that now in thir dangerous tymes when the countrie is threatned with a commoun enemie that caire be taine for securing of the coast whair thair is probable appearance that the enemie may land; and considering that the ports and harboureis of Monrose and Bruntilland ar opin harbours whairin the enemie may thrust himself without danger, and that if some fortificatioun wer made at Inchgarvie it would prove a great suretie for all the shippes and vessells going up the water, Thairfoir the saids Lords hes givin and grantit and be the tennour heerof gives and grants full power and commissioun be thir presents to the persouns particularlie underwrittin to conveene and meete at the places following and to take ordour and give directioun anent the bigging of forts and fortificatiouns at the saids places in maner following, that is to say—

to Johne, Erle of Kinghorne; James, Lord Ogilvie of Airlie; David, Lord Carnegie; and to the Lairds of Din, Innerquharatie, Lawrestoun, Aldbar, Morphie, Bonytoun, Ethie, Balmaine, Leyes, Guthrie, and Newgrange, or anie foure of thame, the Lords Ogilvie and Carnegie or either of thame being ane of the foure, to conveene and meete at the burgh of Monrose upoun the threttein day of September nixt;

and to Johne, Erle of Rothesse; William, Erle of Mortoun; Robert, Lord Melville; Lord Ramsay of Dalhowsie; and to the Lairds of Weymes, Balmowto, Sir George Areskine of Innerteill, Mr. James Aittoun [blank], [blank] Boswald of Pittedie, Sir George Hammiltoun, with the bailleis of Dysert, Kirkaldie and Kinghorne or anie foure of thame, to conveene and meete at the burgh of Bruntilland upoun the said threttein day of September nixt;

and to [blank] Dundas of that Ilk; Colonell Harie Bruce, Mr. Alexander Hammiltoun, and Alexander Bruce, or anie three of thame to conveene and meete at Queensferrie the threttein day of the said moneth of September, and at thair said meetings within the pairts respective assignit unto thame as said is that thay within the severall bounds allowed unto thame try and informe thameselffes whair forts may be best and most commodiouslie built, viz. at the burrowes of Monrose and Bruntilland and how some fortificatioun may be made at Inchegarvie; and to consider and accordinglie to take some course and ordour how, be whom and by what meanes the saids forts and fortificatioun may be biggit, and what supplee may be had from the countrie people for the furtherance and advancement thairof, what charges the bigging of the same will necessarilie require, and what pairts and portiouns of the countrie sall be allowed for contributing thairunto, and to report thair proceedings and the course and ordour to be taine be thame heerin to the saids Lords upoun the eighteene day of September.

My most honourable lords, According to the directioun conteaned in your lordships letters delyverit to us yesternight we have conveenned at Montrois this day, and conforme to the warrant of your lordships commissioun we have visite the bounds nixt adjacent to the toun of Montrois whair forts may be most commodiouslie built. We have conferrit upoun the meanes for building thairof and upoun the supplee that may be expectit from the countrie people.

As for the plaices whair the forts ar to be built, we understand that before thay wer visite be Colonell Bruce and James Traill; and thairfoir we thinke it verie necessar that your lordships sould direct thame to come over heere againe and designe the plaices and prescryve the forme of the forts.

As for the meanes for building thairof, in our judgement the same must be furnished be the voluntar contributioun of the heretours and burgesses within the shyres of Forfar and Kincairdin.

We ar so straited be the shortnesse of tyme that we ar not able to write so determinate ane answere to youre lordships as we wish, and thairfoir we have desired the Provest of Montrois to carie thir presents, and with all to informe your lordships at greater lenth of all things that occurred in our conference of this bussines.

So ceassing to interrupt your lordships most weightie effaires, we take our leave and rest. Montrois the 13 of September 1627. Sic subscribitur, Carnegie, Lyone, Areskine, Bonytoun, D. Gardyne, Grahame of Morphie, J. Carnegie of Athie, D. Guthrie of that Ilk, Francis Ogilvie.

Forsameekle as the Lords of Secreit Counsell haiving upoun verie considerable and good grounds recommendit to the justices of peace within some particular shirefdomes the taking of tryell with the advice of the ministers of eache parish of the nomber and qualiteis of all the fensible persounes als weill to burgh as to land within thair parish to the intent that accordinglie ordour might be taine for dreilling and training of thame in the use and handling of thair armes under suche captans as sould be appointit over thame, the justices of peace within the shirefdome of Forfar for testifeing thair dewtifull obedience to the directiouns of his Majesteis Counsell in this point tooke a verie good and solide course by appointing of the persouns following in eache parish for taking of the said tryell, to witt,

for the parishes of Marytoun, Logymontrose and Dun, Alexander Areskine of Dun; for the parishes of Stracathro and Pert, Patrik Livingstoun of Barowny; for the parishes of Inchebrayock, Kinnaird and Fernall, David, Maister of Carnegie; for the paroche of Ferne, Alexander Carnegie, his uncle; for the paroches of Edyell, Navar, Lethnock and Dillopie, David Lindsey of Edyell; for the parishes of Aberlemno and Eidwie, David Lindsey of Balgayes; for the paroche of Menmure, Johne Collace of Balnamone; for the parishes of St. Vigianes and Innerkeillour, Sir Johne Carnegie of Athie; for the toun and paroche of Brechin, the bishop and baillies thairof; for the parishes of Abirlot and Panbryd, Sir Harie Wood of Bonytoun; for the parishes of Guthrie, Kirkbuddo and Carmyllie, David Guthrie of that Ilk; for the parish of Kynnettills, Friderick Lyoun of Brigtoun; for the parishes of Mathie and Nevay, Johne Nevay of that Ilk; for the parish of Moniekie, James Durhame of Pitkerro; for the parishes of Murrayes and Inneraritie, Thomas Fothringhame of Powrie; for the parish of the Maynes of Erlestradightie, Johne Scrimgeour of Kirktoun; for the parish of Strickmartine, Sir Thomas Wentoun of Strickmartine; for the lands of the parish of Kirremure, David Grahame of Fyntrie and Sir Johne Ogilvie of Innerquharatie; for the parish of Teilling, Thomas Ogilvie of that Ilk; for the parishes of Liff and Innergowrie, Sir Williame Grahame of Claverhous; for the parish of Benvy and outland parish of Dundie, Sir Johne Scrimgeour of Duddop and James Scrimgeour, his sonne; for the parishes of Lundie and Foulles, Coline Campbell of Lundie; for the parish of Oughterhous, James Erle of Buchane; for the paroches of Keitnes and Newtyld, Williame Halyburtoun of Pitcur; for the parishes of Glames and Neather Airlie, Johne, Erle of Kinghorne; for the parish of Essie, George Lammy of Dwnkany; for the parish of Lownand, Mr. James Durhame of Kinnell; for the parishes of Kynnell, Glenylla and Over Airlie, James, Lord Ogilvie; for the parish of Kingowdrum, Francis Ogilvie of Newgrange; for the parishes of Clovay and Cortowhy, Sir David Ogilvie of Clovay, knight; for the parish of Dinnichtin and outland parish of Forfar, Robert Carnegie of Dinnichtin; for the burgh of Forfar, the proveist and baillies thairof; for the toun of Aberbrothocke, the baillies thairof; for the parishes of Othlo and Rescobie, Mr. David Lindsey of Pitskandlie, and for the parish of Tannadyis, Williame Guthrie of Maines;

Whilks persouns hes done no diligence at all in that charge committit unto thame bot hes slighted and neglectit the same to the great hinder and disappointing of his Majesteis service; Thairfoir the Lords of Secreit Counsell ordains letters to be direct chairging the persouns particularlie abonewrittin that thay and everie ane of thame within the bounds particularlie abonespecified assigned and allowed unto thame, try and informe thameselffes sufficientlie of the nomber and qualiteis of all the fensible persouns within the saids bounds, and that thay make a perfyte report thairof in writt under thair hands and send in the same to the clerk of his Majesteis Counsell within ten dayes nixt after the charge under the paine of rebellioun and putting of thame to the horne,

or ellis that thay compeir personallie before the saids Lords at Halyruidhous or whair it sall happen thame to be for the tyme upoun the last day of Januar nixt, and shaw a reasonable caus why the same sould not be done, with certificatioun to thame and thay failyie letters sall be direct simpliciter to putt thame to the horne and to escheate, etc.

Complaint and petition by James Cuninghame, tailor, burgess of Edinburgh, as follows:—He is warded in the tolbooth of Edinburgh at the instance of James Guthrie, writer, who has taken assignation of a decree recovered against the complainer before the bailies of Leith in a case in which he was cautioner for George M‘Cubie to Mr. George Simmer, minister of Kilspindie, for £24 and 2 merks of expenses.

He is now like to starve through famine, “being a poore, decayed, distressed and wracked persoun by cautionrie and evill debtors and actiouns of law, haveing the burdein and charge of a great familie and foure small bairnes, and hes no meanes nor moyen to interteane thame with bot that whilk he can procure by his handis labour, whairof now he is prejudged by his detentioun in waird, sua that he and they will starve.”

Parties being cited, and the pursuer being brought before the Lords by Andrew Whyte, keeper of the tolbooth of Edinburgh, and the said James Guthrie also compearing and consenting to the liberation of the pursuer, without prejudice to his lawful action at law against the pursuer, the Lords ordain the provost and bailies of Edinburgh to set the said James Cuninghame at liberty.

Most sacred Soverane, Thair wes a signatour under your Majesteis privie seale givin in be Mr. Alexander Hay, one of the clerks of the Sessioun, whairby he desired to be adjoynned as thrid clerk in this Commissioun for the Surrendars, and we, having read and considderit the tenour and nature of his gift, called upoun him and upoun the two ordinar clerks, who with most submissive and humble respect opposed aganis the said Mr. Alexander his admissioun be reasoun of thair provisioun to the said office cled with possessioun and warranted first be your Majesteis commissioun under the great seale which is the warrand of our sitting and proceedings and nixt by your Majesteis gift under the privie seal, in both which they ar made and constitute sole and onelie clerkes of this commissioun during the whole tyme thereof;

and notwithstanding thereof it wes offered be thame that if it wer found be the table that the service wes so great as it could not be overtaikin be thame twa or so difficill and hard as they were not able to discharge it they wer content for the weale of your Majesteis service and without anie privat respect to thameselffes to lay doun their charge and give way to anie whome your Majestie sall be pleased to prefer thairunto;

and we finding the objectioun made be the saids twa ordinar clerks to be foundit upoun the warrand of your Majesteis commissioun and that thir twa ar weele provydit to the said service, first by the commissioun foresaid anent the surrendars and nixt be your Majesteis gift under the privie seale, and in both are constitute sole and onelie clerks of the commissioun which excludes all others, and thay having carefullie and painfullie attendit thair service these twelffe moneths bygane and able eneugh to discharge the same be thameselffes we thought it more fitt to acquaint your Majestie with the caise of the bussines as it stands and to represent unto your Majestie the reasouns of our behaviour, then to proceid suddanelie to the said Mr. Alexander his admissioun which careis with it some derogatioun to your Majesteis commissioun which is the warrand of our procedingis, and may breed some disordour and confusioun in the progres of the service, to your Majesteis prejudice.

All whiche recommending to your royall and most judicious consideratioun we pray the almightie God to blesse your Majestie with a long and happie raigne, and we rest for ever. Halyruidhous the fyft of Marche 1628. Subscribitur, Mar, Monteith, Eglintoun, Nithisdaill, Lauderdaill, Pa. B. of Rosse, Jo. B. of Murrey, J. B. of Cathnes, Naper, A. Gibsone, Oliphant, A. Carre, D. Aikinheid, Mr. Thomas Hoip, Mr Johne Hay, Gabriell Cunninghame.

After our verie heartilie commendatiouns to your good lordship. Whairas at the last meeting and sessioun of the commissioun anent the surrendars and teinds the fourth of this instant wes appointed for the nixt meeting, quhilk dyet and meeting hes beene verie evill keeped in so farre as few or nane of the commissioners hes attended the same, quhairthrow thair hes beene a verie greate hinder and stay in the progresse of that commissioun whilk no doubt will be highlie to his Majesteis offence;

and least some imputatioun may be objected aganis us for not foreseing and preventing of all forder delayes in this bussines, we have therefore appointed a new meeting of the whole commissioners to be upoun the fourt of July now approacheing, agains whilk tyme we looke that these of the commissioun who ar at court will be returned, and we have writtin to the whole remanent that ar at hame to keepe that dyet preciselie,

of the quhilk number your lordship being one we will lykewayes requeist your good lordship to keepe the same dyet, so that your absence be no hinder nor stay to the service, for we will be constrained for our awin exoneratioun to lett his Majestie know fra whome and upoun whois default the stay (if anie sall happin to be) proceeds.

Bot looking that your lordship will be more respective to his Majesteis obedience and your awin dewtie in this point, we committ your lordship to God. Frome Halyruidhous the tent day of Junij 1628. Subscribitur, Mar, Hadinton, Lauderdaill, Dunkelden, Hamiltoun.

“Missives of the tennour foresaid directed to the Marqueisses of Hamiltoun and Huntlie, the Erles of Erroll, Eglintoun, Rothesse, Murrey, Wigtoun, Lauderdaill, Lords Stormont, Yester, Colvill, Carnegie, Lowdoun, Burlie, Weymes, Archbishop of Glasgow, Aberdein, Murrey, Dunkelken, Brechin, Dumblane, Caithnes, Sir Johne Hammiltoun of Lettrick, Inchemartine, Clunie Gordoun, Neather Pooke, Leslie of Newtoun, Lee, Amisfeild, proveist and commissar clerk of St. Andrewes, proveist of Dundie, provest of Innernes, Johne Cowane, Robert Alexander.”

Our verie honnourable good lord, Whairas Williame Dick by ordour frome Burlimakie wes intrusted with the securing of certane sowmes of money to have beene imployed towards the levey of nyne hundreth men under the regiment of Colonell Sinclair for the service of the King of Denmark, the said Williame Dick for testificatioun of his diligence and care in the charge concredite unto him, produced before us three bands,

one thairof granted be Captane Hay and the Lord Yester, cautioner for him, another by Captane Chirneside and the Laird of Lugtoun as cautioner, and the thrid be Captane Donaldsoun and Mr. Alexander Guthrie, toun clerk of Edinburgh, his cautioner, wherein everie ane of thame ar obliged to levey and transport three hundreth men;

lykeas the said Colonel Sinclair for cleering of his dewtie in the right imployment of the King of Denmarks moneyes towards the intendit use hes givin in his accompts the copie whairof your lordship sall heerewith ressave; whairby it will appeare that the whole moneyes ar trewlie disbursed be the Colonell and that the not performance of the service hes proceedit frome his captanis, who hes failyed in thair undertaikings and whom the Colonell is now persewing by ordour of law for not fulfilling of thair conditiouns, quhilk we sall further so farre as the course of justice will allow;

whairwith we desire yow to acquaint the King of Denmarkes ambassadours and to make als favourable a report of the Colonell his cariage in this service as the estait of his accompt will permitt, as alsua that your lordship will be pleased to signifie unto Burlimakie that the securitie tane be Williame Dick is good and the cautioners responsall;

and so committing your lordship to God we rest. Halyruidhous, 27 Septembris 1628. Subscribitur, Marr, Monteith, Hadintoun, Roxburgh, Areskine, Tracquair, Sr Ar^d Achesoun, Sr Thomas Hoip, Sr George Elphinstoun.

“The Lords continewes the ordouring of the Earle of Linlithgow, his patent tuicheing the power thairin conteanit for saltpeter untill the eight of Januar, whairof intimatioun wes made to Johne M^cNaucht and Mr. Alexander Guthrie, who wer personallie present and promeist and undertooke to wairne the burrowes and to have thame heere that day.”

My most honourable Lordis, According to the directioun conteyned in your Lordshipis letters delyverit to us yesternicht, we have conveinit at Montrois this day and conforme to the warrand of your Lordshipis commissioun we have visite the boundis nixt adjacent to the toune of Montrois whair fortis may be most commodiouslie built.

Wee have conferrit upoun the meanes for building thairof and upoun the supplie that may be expected from the cuntrey peopill. As for the places whair the fortis ar to be built we understand that befoir they wer visite be Colonell Bruce and James Traill, and thairfoir we think it very necessar that your lordshipis suld direct thame to cum owir heir againe and designe the places and prescryve the forme of the fortis.

As for the meanes for building thairof, in our judgment the same must be furnissit be the voluntar contributioun of the heretouris and burgessis within the shyres of Forfar and Kincardyn.

We ar so straited be the schortnes of tyme that we ar not abill to wryte so determinate ane to your lordshipis as we wish; and thairfoir we have desyred [the] Provest of Montrois to cary thir presentis and withall to [acquent] your lordshipis at greater lenth of all thingis that occurred in our con[fer]rence of this busines.

So ceissing to interrupt your lordshipis more weightie affairis, we take our leive, and rest, Your lordshipis most humble servandis, (Signed) Carnegy, Lyone, A. Erskine, Bonytoun, D. Gardyne, R. Graeme of Morphie, S. J. Carnegy, Athie, D. Guthrie of that Ilk, Fran. Ogilwye. Montrois the 13 September 1627. [At foot] 18 September 1627.

[Addressed] To the richt honourabill, oure most speciall good lords, the Lordis of his Majesties most honourabill Previe Counsell.

Sealed with a small seal of David Lord Carnegie—a shield bearing an eagle displayed and surmounted by the initials, D. L. C.

“Anent our Soverane Lords letters direct makand mentioun, Forsameekill as there hes beene manie good Acts of Parliament made be his Majesteis noble and worthie progenitours aganis the authors and givers out of slaunders and untrew calumneis aganis his Majestie his Counsell and proceedings, to the dishonnour and prejudice of his Majestie his parents and progenitours, crowne and estait, and aganis the authors of slanderous speeches and writts whereby they ar ordained to be severelie punished in maner specified in the said Acts as the samine at lenth written beiris.

Notwithstanding whairof it is of truthe that of lait there hes beene two infamous pasquills writtin and directed the ane thairof to the provest of Aberdene, and the other affixt on the kirk doore of Aberdene and printed, both conteanning treasonable warnings and predictiouns of the change of state and religioun within twa yeeres, besides a nomber of invective and railing speeches aganis the professours of the trew religioun and ministers of the burgh of Aberdene, quhilks twa pasquills and infamous libellis hes beene writtin and devised by M^r Alexander Irwing, burges of Aberdene, M^r George Andersoun, advocat there, M^r George Paip, M^r Gilbert Paip, M^r Thomas Blakhall, sonne to Williame Blakhall of Ley, Thomas Meinzeis of Balgownie, Robert Irwing, burges of Aberdene, Alexander Leslie, brother to the Laird of Pitcaple, and Francis Leslie, brother to George Leslie, callit the Caputian, and Hercules Guthrie, chirurgiane in Aberdene, and they, at the least, ane or other of thame hes beene upoun the counsell of the wrytting, printing, affixing, and delyverie of the saids pasquills, for the whilk they aucht to be censured and punished, to the terrour of others to committ the lyke.

And anent the charge givin to the saids M^r Alexander Irwing, M^r George Andersoun, M^r George and Gilbert Paips, M^r Thomas Blakhall, Thomas Meinzeis, Robert Irwing, Alexander Leslie, Francis Leslie, and Hercules Guthrie to have compeired personallie before the Lords of Privie Counsell this present thrid day of Februarie instant to have answered to the premises and to have underlyin suche tryell and censure thereanent as the saids Lords sould thinke meete under the pane of rebellioun and putting of thame to the home, with certificatioun to thame and they failyied letters sould be direct simpliciter to putt thame thairto lykeas at mair lenth is conteanit in the saids letters, executiouns and indorsatiouns thairof.

Quhilks being callit and Sir Thomas Hoip of Craighall, knight baronnet, his Majesteis Advocat, compeirand personallie for his Majesteis interesse, and the saids M^r George Andersoun, M^r George Paip, M^r Gilbert Paip, M^r Thomas Blakhall being lykewayes personallie present and the remanent defenders foresaids being oft tymes callit and not compeirand, the reasouns and allegatiouns of the parties present being heard and considderit be the saids Lords and they rypelie advised thairwith, the Lords of Secreit Counsell assoilzeis simpliciter the saids M^r George Andersoun, M^r George and Gilbert Paip and M^r Thomas Blakhall fra this persute and complaint and fra the haill points, clauses and articles conteanit thairin and decernis thame quyte thairfra in all tyme comming;

Becaus the said persewer having instead of all other probatioun referred the said complaint simpliciter to the oath of veritie of the saids defenders compeirand and they being personallie present and deepelie sworne thairupoun, they denied the said complaint to be of veritie as wes cleerelie understand to the saids Lords. For the quhilk caus the saids Lords hes assoilyied and assoilyeis thame in maner foresaid.

And the saids Lords ordanis letters to be direct charging officiars of armes to pas and denunce the saids M^r Alexander Irwing, Thomas Meinzeis of Balgownie, Robert Irwing, Alexander Leslie, Hercules Guthrie and Francis Leslie rebellis and put thame to the home, and to escheit, etc.”

“Most sacred Soverane, By your Majesteis letter of the 23 of January last we have understood to our unspeekable comfort your Majesteis godlie zeale and constant resolutioun to mainteane in puritie the trew religioun and to punishe the contrarie professours, for which (as in dewtie boundin) we pray God to blesse your Majestie frome above and to prolong your dayes heere upoun earth for the confort of his Church and the quyet of the estait.

This day being appointed to the Marqueis of Huntlie to have givin ane accompt of his diligence in the executioun of these warrands grantit unto him as shireff, landslord, and maister, for apprehending of certane Jesuits, seminarie preists and excommunicat rebellis resorting in his bounds, dwelling upoun his lands and beiring publict charge and office under him, he compeired be Williame Gordoun, his shireff depute of Abirdein, whois sclender excuse and verball report being heard and considderit be the table, togidder with the informatioun of the commissioners frome the clergie of the dioceis of Aberdein and Murrey tuicheing the truthe of the Marqueis his cariage in that service, it wes foundin be the voices of the haill table that his behaviour and proceedings thairin wes altogidder elusorie and that he had done no kynde of diligence, nather wes thair anie probabilitie or likliehood that he would performe the same, for the which his contempt and carelesse neglecte of his dewtie in this so important a bussines he is ordained to be denunced your Majesteis rebell, and that no suspensioun be grantit thereof bot in presence of a full nomber of the Counsell.

By these new greevances heerewith sent up to your Majestie and by a letter direct frome the Bishop of Murrey to the Erie of Monteith, President of your Majesteis Counsell, your Majestie may perceave the insufferable insolencies of the papists in the north, to quhat a fearfull hight of arrogancie and pryde they ar now growin, and how and upoun quhat grounds thair confidence is upholdin, with the particulars quhairof being loath to trouble your Majestie we will remitt the relatioun thairof to suche of our nomber as ar now upoun thair addresse to your royall Court, who ar weill acquainted and wer present and assisted us in all our proceedings in that bussines.

The service is great and the reall executioun thairof will muche import the establishement of religioun and peace of the countrie; the Counsell can doe no more bot sentence the transgressours, the executioun of the law must be performed by your Majesteis shireffs and officers to whois charge it belonges; wherein, becaus we perceave a great defect ather of power or willingnesse in the most pairt of thame, we will humblie beseeke your Majestie (if so your Majestie sail be pleased to hearken to our former overture concerning a lieutennent) that your Majestie would make choise of some eminent persoun, sound in religioun and aganis whome thair is no suspicioun that for byrespects he may be misled to favour those aganis quhom he sail be armed with your Majesteis auctoritie.

Quhairanent attending the significatioun of your Majesteis royall pleasure, quhairunto we sail conforme our selffes with that faithfull and humble obedience which becometh, we rest, etc. Halyruidhous 3 February 1629. Subscribitur, Mar, Hadintoun, Mairshall, Wintoun, Galloway, Seafort, Ad. B. of Dumblane, Hamiltoun, S. G. Elphinstoun, Scottistarvett, James Baillie.”

“The Lordis continewis the mater anent the tanning till the fourte of Marche. The Lord Arskene personalie, with John M^cNaucht, and M^r Alexander Guthrie, who ar warnit apud acta.”

“Forsameekill as upoun ane horning used and execute aganis M^r Alexander Irwing, burges of Aberdene, Thomas Menzeis of Balgownie, James Forbes of Blacktoun, Johne Gordoun of Craig, M^r Robert Bissat of Lessindrum, Patrik Gordoun of Tillisoule, Margaret Gordoun, goodwyfie of Cormellat, Williame Seatoun of Blair, and Thomas Cheyne of Raynistoun, proceeding upoun ane excommunicatioun used and execute aganis thame for not conforming thame selffes to the trew religioun presentlie profest within this kingdome letters wer direct aganis thame,

be vertew whairof Alexander Guthrie, Marchemont Herauld, charged thame to rander and delyver thair dwelling houses, towres and fortalices, unto him within a certane space after the charge under the pane of treasoun, for obedience of the quhilk charge thair saids houses wer randered to the said Alexander Guthrie, herauld, and the same ar presentlie in his possessioun and keeping.

And whereas it is no wayes reasonable that the said Alexander sould be burdenned with the continuall keeping of the saids houses, bot that some speciall persouns be appointed to keepe the same upoun the expenses of the readiest of the saids rebellis thair rents and living during the tyme of thair rebellioun,

Thairfoir the Lords of Secreit Counsell gives and grants full power, warrand and commissioun be thir presents to Patrik, Bishop of Aberdene, to appoint and place twa persouns in everie ane of the saids rebells thair houses foresaids to be keepers thairof in his Majesteis name during the tyme of thair rebellioun, and for thair charges and expenses to modifie unto everie ane of the saids twa persouns ten shillings daylie to be payed out of the readiest of the saids rebellis thair rents and living;

for payment whairof to caus poynd and distreinzie the readiest goods and geir being in the possessioun of the saids excommunicat rebellis, and where goods poyndable in that sort failyeis, with power to him to call and conveene the saids excommunicat persouns and the tennents and possessours of thair lands and other persouns addebted in payment to thame of anie mailles, rents and dewteis whatsomever before the Shireff of Aberdene and his deputs for payment of the said daylie allowance in forme as effeirs.”

“Forsameckle as upoun the twentie day of December last Robert Cowtes within the parish of Aboyne, Johne Gordoun of Kethnie, George Gordoun of Drumgesk, Alexander Gordoun, his brother, James Gordoun the Hilheid of Kincairne, Williame Fraser of Craigtoun, Patrik Carnegie in the Kirktoun of Aboyne, Elizabeth Gordoun, his spous, and Jeane Stevin, spous to the said Robert Cowtes, wer ordourlie denunced his Majesteis rebellis and putt to the home be vertew of letters direct to the Lords of Secreit Counsell at the instance of the Moderator and brethrein of the presbyterie of Kincairne for the saids persouns thair not compeirance before the High Commissioun of the Kirk at a certane day bygane to have answered to the complaint givin in aganis thame tuicheing thair ressetting of Jesuits, seminarie and messe preists, and hearing of messe said be George Leslie the Caputiane;

lykeas upoun the nyntene day of Februarie last M^r George Andersoun, wrytter, M^r George and Gilbert Paips, M^r Alexander Irwing, Robert Irwing and Hercules Guthrie, burgesses of Aberdene, Thomas Meinzeis of Balgownie, Alexander Leslie, brother to the Laird of Pitcaple, and Francis Leslie, brother to George Leslie, callit the Caputiane, wer lykewayes ordourlie denunced his Majesteis rebellis and putt to the home be vertew of letters direct be the saids Lords,

that is to say, the said M^r George Andersoun, M^r George and Gilbert Paips for not compeering personallie before the saids Lords at a certane day bygane to have answered upoun thair ressetting of Jesuits, seminarie and messe preists and hearing of messes in the hous of M^r Alexander Irwing, burges of Aberdene, and the remanent persouns foresaids, for not compeirance personallie before the saids Lords to have answered upoun thair wrytting, devysing and affixing of twa pasquills and infamous libellis conteaning treasounable warnings and predictiouns of the change of the estait and religioun and a nomber of invective and rayling speeches aganis the professours of the trew religioun and ministers of Aberdene

as the letters of horning dewlie execute, indorsat and registrat showin to the saids Lords of Privie Counsell at lenth, beiris, at the processe whairof the persouns particularlie abonewrittin hes most proudlie and contempnandlie remained his Majesteis rebellis since the day of thair denunciatiouns respective, as they doe yitt unrelaxt, takand no regaird to the said homings, bot haunts, frequents and repaires publictlie and avowedlie in all pairts of the countrie as if they wer his Majesteis answerable and obedient subjects, in high and proud contempt of his Majesteis auctoritie and lawes and encouragement of others to continew in the lyke rebellioun;

Thairfoir the Lords of Secreit Counsell hes givin and grantit, and be the tennour heerof gives and graunts full power, warrand and commissioun, expresse bidding and charge, to Patrik, Bishop of Aberdene, Sir Thomas Burnet of Leyes, the provest and bailleis of Aberdene for the tyme, M^r Alexander Jaffrey, lait baillie, and M^r Robert Ferquhair, lait deane of guild of the said burgh of Aberdene, conjunctlie and severallie, to convocat his Majesteis lieges in armes, and to pas, searche, seeke and take the persouns foresaids wherever they may be apprehendit and to committ thame to waird within the tolbuith of Aberdene and to deteane thame thairin upoun thair awin expenses ay and whill directioun and ordour be givin concerning thame as apperteannes;

with power to the saids commissioners for this effect to make opin doores and to use his Majesteis keyes and generallie to doe, use and performe everie uther thing whilk for executioun of thir presents ar requisite and necessar. Firme and stable halding and for to hald all and whatsomever thing sail be lawfullie done heerin, and that letters be direct charging all and sindrie his Majesteis lieges and subjects to reverence, acknowledge and obey, ryse, concurre, fortifie and assist the saids commissioners in all and everie thing tending to the executioun of this commissioun, and to doe nor attempt nothing to the hinder nor prejudice thairof as they and everie ane of thame will answere upoun the contrarie at thair perrell.”

Complaint by Hercules Guthrie, burgess of Aberdein, as follows:— He is informed that he has been put to the horn by Mr. William Guild and Mr. Alexander Ros, Commissioners for the ministry of the diocese of Aberdein, for not compearing to answer to a complaint of “affixing of some infamous pasquills upon the kirk doore and some of the bailleis doores of Aberdein.”

He has now given full satisfaction to the ministry and magistrates of Aberdein “both anent his religioun and anent the pasquills foresaids; he hes reconciled himselfe to the kirk and purged himselfe of the wrytting, indytting and making of these pasquills, and hes made ane ample confessioun unto thame of all that he knew in that mater,” as their certificate bears.

Parties being cited, and the pursuer compearing by Mr. Thomas Mercer, servitor to Sir William Scot, one of the Clerks of Session, his procurator, and Mr Alexander Ros compearing for himself and Mr. William Guild and consenting to the suspension of the horning, the Lords, after hearing Mr. Thomas Mercer read the letter under the hand of the Clerk of the Synod of Aberdein, and written with consent of the Bishop and brethren of that Synod, suspend the horning.

Complaint by John Maxwell of Stanelie, Janet Crawfurd, his spouse, Patrick Maxwell, his lawful son, and Robert Hamiltoun of Milburne for his interest, as follows:—John Maxwell “the unnaturall sonne of the said Laird of Stanelie,” being denounced at his said father’s instance for not compearing to answer to a charge of taking away the complainers’ evidents and writs and so disappointing them in respect of several agreements regarding their estate, on some frivolous pretexts purchased suspension of that horning, but he has refrained from discussing the same and intends still to refrain therefrom, to the eluding of justice and further injury of the complainers.

Charge having been given to the said John Maxwell, and pursuers and defender compearing the pursuers produced the horning obtained by them and the King’s Advocate against the defender, bearing their complaint against him as follows:

That on 1st August 1626 he came to his father’s chamber in Mr. Alexander Guthreis lodging in Edinburgh, and “by some sinister tricke or policie opened the locke of the chamber doore, and finding the box whairin his said fathers evidents and writts of his lands of Stanelie, Thomelie, Corsbar, Almochlie, Cunmon and Hiedykes wer, he cunninglie and mischantlie medled with the same and tooke all away with him to the disappointing of the agreement made by his said father for selling of ane pairt of his lands to outred his debt.”

This complaint being read in the hearing of the defender, he contended that no process should be granted to his father against him, because Sir Walter Stewart of Minto, knight, and Robert Hamiltoun of Milburne, became cautioners judicially acted before the Lords of Council and Session for the pursuer, that he, during his release from ward in the tolbooth of Paisley to which the defender and his procurators had consented, would not pursue him [the defender] before any judge within the kingdom upon any cause whatsoever depending between them;

and this the defender verified by producing a Decreet of the Lords of Council and Session containing the said Act of caution dated 18th February last.

The Lords, in respect of this Act, find that no process ought to be granted in this matter against the defender while the said John Maxwell, elder, remains forth of the said ward.

Complaint by Sir Thomas Hoip of Craighall, King’s Advocate, and James Guthrie, writer in Edinburgh, as follows:— The wearing of hagbuts and pistols is strictly prohibited by law, yet when the complainer sent George Andersoun, messenger, to execute certain letters he had raised against John Ramsay of Balnabreich for payment of certain interests, and to poynd some goods for the same on the lands of Balnabreich, Ramsay, accompanied by Alexander and William Collace, his brothers-in-law, and others to the number of four score persons, all armed “with bandit staffes, pow axes, partisans, jackes, corsletts, steil bonnets” and other weapons, and the prohibited hagbuts and pistols, came on the 17th June last in warlike manner to the ground of the said lands,

“the said Johne Ramsay as captane of this convocatioun going before with ane buffill coate on him, twa dags at his belt, and ane commanders battoun in his hand, drew thame up in militarie forme and placed thame about the houses where the goods poyndable wer, and than lappe on horsebacke himselffe and come and mett the messinger and his witnesses, threatened to take the messingers blasoun and cast it in the fyre and to putt bullets in him and his witnesses if they preast to poynd his goods.”

When the messenger and his party essayed to perform their duty, the persons foresaid pursued them of their lives, “held the points of thair lances and speiris unto thame and bendit thair hacquebutts” intending to slay them, and so they deforced the said messenger.

Charge having been given to the said John Ramsay and Alexander Collace, and pursuers and defenders compearing and probation being referred to witnesses, the Lords assoilzie the defenders in reference to the wearing of hagbuts and pistols, but find that the defenders “convocat and assembled togidder the nomber of fourescore men armed with pow axes, Jedbrugh staffes and forkes, and that they having houssed the goods Balnabreich come himselfe upon horsebacke with ane blew bonnet, ane buffill coat and ane lang sword, accompanied with Alexander Collace and ane footman who caried ane lance and that they come to the messinger and inquired for his warrand, and bade the messinger goe his way and come not againe otherwayes he sould repent it;

and that the officiar having come to the hous where the goods wer the said Johne Ramsay and his complices held the points of thair halberts and speiris to him and his witnesses, saying to the officiar that if the goods wer upon the ley he durst not take thame, and if he or his witness come agane that earand some of thame sould ly behind.”

For this insolence the Lords fine John Ramsay 400 merks, of which 200 are to go to his Majesty and 200 to the party. Ramsay is also to pay the expenses of the witnesses, and to be warded in the tolbooth of Edinburgh till payment is made.

He is further to find caution in £500 acted in the books of Secret Council for the indemnity of James Guthrie, and his men, tenants and servants.

Sederunt — Treasurer; Bishop of St. Andrewes; Monteith, Præses; Privy Seal; Bishop of Glasgow; Mairshell; Linlithgow; Perth; Wigtoun; Lauderdaill; Bishop of Dunkeld; Bishop of Aberdein; Bishop of Murrey; Bishop of Galloway; Bishop of Rosse; Bishop of Dumblane; Bishop of Caithnes; Bishop of Orkney; Bishop of Yles; Bishop of Argyle; Lord Areskine; Lord Melvill; Lord Carnegie; Lord Jedburgh; Lord Tracquare; Master of Elphinstoun; Clerk Register; Advocate; Justice Clerk; Sir John Scot; togidder with ane nomber of the commissioners frome the severall presbytereis of this kingdome.

“The whilk day the Kings Majesteis missive letter directed to the Lords of his Majesteis Privie Counsell tuicheing the occasioun and caussis of this meeting wes presented to the nobilitie, clergie, counsellours and commissioners present, and read in thair audience. Quhilk letter is registrat upon the twentie three day of Junij last.”

“The whilk day the commissioners frome the severall dioceis and presbytereis of this kingdome being callit and compeirand they gave in the rollis of all excommunicat papists and others persouns suspect in thair religioun within thair bounds.”

“The quhilk day the nobilitie, clergie, counsellours and commissioners present gave ane committee [sic] to the Lords President and Privie Seale, the Erles of Lauderdaill and Wigtoun, the Lord Carnegie, the Archbishops of S^t Androwes and Glasgow, the Bishops of Aberdeene, Murrey, Rosse, and Dumblane, Sir Thomas Hope, his Majesteis Advocat, M^r Andrew Ramsay, M^r Williame Struthers, M^r Gawin Dumbar, M^r Alexander Rosse, M^r Theodore Hay, M^r Thomas Ramsay, and M^r Williame Annand to conveene and meit the morne at sax of the clocke in the morning in the laich counselhous of Edinburgh for setting doun of overtours for repressing of Poperie and to report thair proceedings to the great meeting upon Saturday the twentie fyve of this instant at aucht of the cloke in the morning.”

Petition by William Seatoun of Blair as follows:—He has been excommunicated for nonconformity to the religion presently professed within this kingdom and their lordships have charged officers of arms to take the house of Blair and uplift his goods for his Majesty’s use, by virtue whereof Alexander Guthrie, herald, and Robert Mercer, messenger, came on to his lands and house of Blair, took his house, carried off a great number of his oxen, sheep and other bestial to the market cross of Aberdeen, and there apprised the same.

His goods were purchased by Patrick Leslie, bailie of Aberdein, for 400 merks and £26, and he has given bond for this money to the said herald and messenger.

“Seing now it hes pleased God to opin the compleaners eyes to see the errours of the superstitious professioun whairin he hes beene misled this whyle bygane,” and that he has given satisfaction to the Bishop of Aberdein, his ordinary, “by ane absolute conformitie to the religioun presentlie profest within this kingdome,” as the said Bishop and commissioners from Aberdein will testify, he craves their Lordship’s command to the said herald and “maisser” to deliver to him the keys of his said house and the bond foresaid, so that by redelivery of it he may obtain the restoration of his goods.

The Lords, after hearing a declaration by Patrick, Bishop of Aberdein, testifying to the petitioner’s conformity, grant the prayer of his petition; he having enacted himself to compear before the Lords whenever cited and answer to any charge which shall be made against him concerning his religion or resetting or haunting the company of Jesuits, priests or excommunicated Papists, and that he will not reset any such under the penalty of 500 merks toties quoties;

and having also acknowledged that the proceedings of the said officer were lawful and warranted, and that he has no action for that cause against him.

“Forsameekle as there hes beene diverse Acts made in the tyme of our lait soverane lord of blessed memorie, one thairof in the Parliament haldin at Edinburgh in the moneth of October 1579 yeeres, and another in the Parliament haldin at Edinburgh in the moneth of Junij 1609 yeeres, anent the educatioun of noblemens childrein, quhilks Acts hes beene neglected and hes not receaved executioun thir diverse yeeres bygane, so as throw the neglect thairof diverse youthes, als weill the sonnes of noblemen as others, hes beene and ar verie farre corrupted in thair religioun;

Thairfoir the Lords of Secreit Counsell, clergie and others assisting at this meeting, ordains the saids Acts of Parliament to be putt to executioun in all points conforme to the tennour thairof, and they recommend to the bishops and ministers to make ane trew report to his Majesteis Counsell of the names of suche noblemen and barouns sonnes and daughters whois parents ar suspect in religioun or where they ar bred in suspect places.”

“The whilk day the Bishop of Aberdein gave up the Erie of Errolls twa daughters, the Laird of Dalgateis bairnes, and the bairnes of Alexander Gordoun of Dunkintie to be persouns under vehement suspicioun to be corrupted in thair religioun by remaining in thair fathers companies.”

“The whilk day the Bishop of Murrey gave up the Marqueis of Huntlie his daughters to be persouns under the same suspicioun.”

“The whilk day the Bishop of Rosse gave up the childrein of Donnald Neilsoun of Assynt to be under that same suspicioun.”

“The whilk day the Bishop of Dunkelden gave up the Lord Gray his sone, and Sir John Ogilvie his childrein, to be persouns under the lyke suspicioun.”

“The whilk day M^r Johne Hay, commissioner for the diocie of Glasgow, gave up the Countesse of Abercorne and the Lord Sempill thair childrein to be persons under the lyke suspicioun.”

“The Lords ordains ane missive to be writtin unto his Majestie randering his Majestie most humble thankes for his most religious and singular care whiche his Majestie caryes towards the propagatioun and advancement of the trew religioun within this kingdome manifested by his letters writtin to his Counsell for that effect,

and humbelie intreatting his Majestie to give commissioun to the Erie of Seafort for persute of the Erie of Caithnes, who is ane excommunicat and rebellious Papist and contemnes all ordours and censures of the Kirk, and that his Majestie would deale with the Lord Gordoun that his sonnes be putt to some colledge for thair better breeding in the grounds of trew religioun;

as alsua that his Majestie be petitiouned not to dispense with the law in favours of excommunicat rebellis nor to grant unto thame anie forder allowance out of thair estats nor sail be modified unto thame be his Majesteis Counsell.

Followes the missive writtin to his Majestie:—Most sacred soverane. Your Majesteis godlie and zealous care of the maintenance and propagatioun of the trew religioun and suppressioun of Poperie within this kingdome whairof we have found the confortable effects by the lait meeting appointed by your Majestie for that effect, obliges us in the dew acknowledgement of so great ane blessing to powre out our most fervent prayers unto God for your Majesteis long and happie raigne.

The dyet indicted be your Majestie for that purpois wes solemnelie keeped by the clergie and the commissioners frome the dioceis, who, concurring with your Majesteis Counsell by thair best advice anent the ordour to be prosecute for reclaming of the tractable and repressing of the insolent and refractarie sort of Papists, have with unanime consent concludit and sett doun suche Acts and ordinances as we hope being carefullie executed will produce the intendit effect;

whairof we have sent up ane copie to your Majesteis Secretarie to be showin to your Majestie at your best opportunitie. And becaus it is probable that your Majestie will be muche importunned by the frequent sutes of incorrigible Papists who, refusing to give obedience to the ordours of the Churche, will crave ane mitigatioun of the Act of Parliament ordaining thair whole rents and living to be intrometted with and uplifted to your Majesteis use,

we will humbelie beseeche your Majestie not to hearken to anie suche propositioun bot to remitt to your Majesteis Counsell the modificatioun of the allowance to be givin for thair interteanement furth of thair estaits according to the merite of the caus, since we conceave the executioun of that law to be the most powerfull and conduceable meane for curbing of the insolent and reduceing of thame to the obedience of the law.

And in regaird there is no person of auctoritie nor power within the shirefdome of Caithnes to be imployed for apprehending the Erie of Caithnes, who is ane excommunicat rebell, it wes thought expedient at the meeting that your Majestie sould be supplicated to grant ane commissioun to the Erie of Seafort for prosecuting the lawes aganis him, that others, by his exemple being terrified may be the more readilie reclamed to your Majesteis obedience.

And forasmuche as it is feared that the childrein of the Lord Gordoun, who ar weill bred, being now under the commandement and in the hous of the Marqueis of Huntlie, thair grandfather, may in thair tender yeeres be corrupted in thair religioun by the travellis and insinuatioun of the Marqueis and others Popishlie affected resorting to that hous and frequenting thair company, we will earnestlie intreate your Majestie to give ordour to the Lord Gordoun that his sonnes may be placed in some one of the Colledges of St. Andrewes there to be educat as the Counsell sail direct.

We have receaved ane roll of the names of these that ar suspect of Poperie, excommunicat or denunced rebellis for the same, and upon your Majesteis perusall of the Acts and ordours sett doun concerning thame, and significatioun of your royall pleasure thereanent, we sail be carefull to caus prosecute the lawes aganis thame with that diligence and indifferencie whiche your Majesteis honnour, the good of the Churche and quyet of the estait in suche a caise doeth require.

And so praying God to blesse your Majestie with ane long and happie raigne, we rest, &c. Halyrudhous 28 July 1629. Subscribitur, St. Androwes, Mar, Monteith, Hadinton, Mairshell, Linlithgow, Bishops of Dunkelden, Aberdein, Murrey, Pa. B. of Rosse, Dumblane, Ge. Oread., Melvill, Carnegie, Jedburgh, Tracquair, Hamiltoun, S^r Thomas Hoip, S^r George Elphinston, Scottistarvet.”

“Followes another missive writtin to his Majesteis Secretarie:— Our verie honnourable good lord. At the lait meeting of the Counsell and clergie whiche wes keeped by his Majesteis appointment upon the twenty thrid of this instant for ordour taking with Papists and reclaming thame frome thair errours to his Majesteis obedience thair wes certane Acts concludit and sett doun whairof we have heerewith sent ane copie to your lordship to be showin to his Majestie at some fitt opportunitie;

and becaus the executioun of thame doeth muche import his Majesteis service and the good of religioun and that it is lyke eneugh that the adversareis of the truthe, apprehending thair awin danger, will use thair best credit and endeavoures to divert his Majestie frome allowing of the same, we will intreate your lordship to communicat these Acts to suche counsellours and noblemen there as you know to be best affected to the religioun and in the Counsellis name to intreate thair concurrence with yow to present the same to his Majestie and to sollicite the approbatioun and executioun thairof,

whiche we doubt not his Majestie will graciouslie vouchesafe, notwithstanding anie instance that may be made in the contrair. Quhereanent expecting the signification of his Majesteis pleasure we committ your lordship to God. From Halyruidhous the 28 day of July 1629. Subscribitur ut supra.”

Sederunt — Treasurer; St. Andrewes; Monteith, Præses; Hadinton, Privy Seal; Mairshell; Linlithgow; Bishop of Dunkeld; Bishop of Aberdein; Bishop of Rosse; Bishop of Murrey; Bishop of Dumblane; Bishop of the Isles; Bishop of Argyle; Bishop of Orkney; Lord Melvill; Lord Carnegie; Lord Tracquare; Lord Jedburgh; Secretary; Clerk Register; Advocate; Justice Clerk; Sir John Scot.

“The whilk day the Commissiouns, Acts and Letters, whilks wer concludit upon the twentie fyft day of this instant with the missive letters whilks wer ordained to be writtin to the King’s Majestie and his Secretarie wer presented to the nobilitie, clergie and Counsell present, read in thair audience, allowed and subscryved be thame.”

Complaint by John Leslie and Issobell Seatoun, liferenters of a tenement of land in the Gallowgait of Aberdein, as follows:— They had leased their said tenement to Thomas Meinzeis of Balgownie, and after occupying the same for some time “he fell in processe with the kirk concerning his religioun,” and being excommunicated and put to the horn, charges of treason were issued against him for delivering up of the said house to Alexander Guthrie, herald, who has committed the keeping of it to Robert Mercer, messenger.

Now, as soon as the complainers knew of the excommunication of the said Thomas Meinzeis, “being loathe that anie excommunicat Papist sould possesse or inhabite anie hous of theirs,” they before Whitsunday last warned him to remove, and thereupon obtained a decree of removal against him before the bailies of Aberdein on 2nd instant, which they produce;

and seeing that the end of the law is accomplished by the removal of the said Thomas Meinzeis, equity and reason both demand that the said house be restored to the complainers.

Charge having been given to Patrick, Bishop of Aberdein, Mr William Guild, and Mr Alexander Ros, commissioners for the diocese of Aberdein, Alexander Guthrie and Robert Mercer; and the pursuers compearing by Mr Robert Petrie, their procurator, and the defenders not compearing, the Lords ordain the house to be delivered up to the complainers,

who, however, are to make a complete inventory of the whole goods belonging to the said rebel therein and deliver the said goods to the provost and bailies of Aberdein to be forthcoming to his Majesty.

Petition by Thomas Cheyne of Raynistoun as follows:—Having been excommunicated for nonconformity to “the trew religioun” he was at their Lordships’ direction put to the horn, and in virtue thereof Alexander Guthrie, Marchmont Herald, and Robert Mercer, messenger, having seized upon his house, cattle and goods, gave his house in keeping, by direction of the Bishop of Aberdein, to Alexander Leslie, the said Mercer’s son-in-law, although the petitioner had procured the Lairds of Pitcaple and Arnage, and David Edie, burgess of Aberdein, as cautioners to them that the goods in his house and his growing corn would be forthcoming to his Majesty’s use.

Moreover, they have comprised four horses of his at 10 merks each, though each was worth 50, two mares at 10 merks each, though each was worth £20, two staigs worth £10 each at 5 merks each, six “quoyakes” each worth £5, at 40s. each, 24 hogs worth 30s. each at 10s. the piece, and 2 bolls of beir worth £10 the boll at [blank], some of which goods they keep for their own use, and the rest they have sold to others to the great prejudice of the petitioner.

“And whereas now it hes pleased God so to deale with the said supplicant that upon the acknowledgement of his erroneous professioun and publict repentance made for the same, and upon his subscriptioun of the Confessioun of Faith and promise to continue constantlie in the professioun of the trew religioun, he wes dewlie and ordourlie relaxt from the sentence of excommunicatioun pronunced aganis him be M^r Patrik Guthrie, his ordinarie pastour, at the command and directioun of the presbyterie of Ellone, as his said pastours testificat, togidder with the Bishop of Aberdein his letter shown to the Lords of Privie Counsell beiris;

and, seing the said supplicant perswades himselfe that the scope and ayme of the saids Lords thair legall and most equitable course used aganis him is onlie his conversioun and conformitie to the trew religioun, whilk he hes unfainedlie testified,” he craves command from their Lordships to the said Alexander Guthrie, Alexander Leslie and Robert Mercer, to restore to him his house of Raynistoun, with all the goods therein, and also the goods they comprised from him which are in their own possession, and the prices of such as they sold, and to deliver to his said cautioners the bonds they gave them as above mentioned.

The Lords having seen the act and report of the presbytery of Ellone, “bearing that upon the said Thomas Cheyne his repentance and acknowledgement of his former errours, and upon his oath given to stand constantlie to the trueth of religioun and trew worship as it is receaved within the kirk of Scotland, wes absolved fra the fearefull sentence of excommunicatioun,” and a missive from Patrick, Bishop of Aberdein, to the same effect, recommend and remit the ordering of this whole business to the said Bishop,

desiring him “to take suche ane equitable and good course therein as may incourage others to foregoe thair former errours and embrace the trew religioun presentlie profest within this kingdome”; also to take caution from the petitioner not to haunt nor converse with Jesuits and priests, and to compear before the Council when lawfully cited; and to see that the expenses of those who have kept the said house be paid and exoneration given them.

They also desire the Lords of Counsell and Session to grant to the petitioner relaxation from his said horning.

Complaint by Sir Thomas Hope of Craighall, King’s Advocate, and the commissioners of Aberdein and Murray, as follows:—Though “the hearing and saying of messe and ressetting of Jesuits, excommunicat and traffiquing Papists,” is strictly prohibited, Dr William Leslie, “ane profest and avowed traffiquing papist, upon the 27 day of Marche 1627 yeeres, being Pasche day, and upon the 25 day of December before, being Yuile day, and upon Witsonday, New Yeeres day, Sanctis day, and diverse other dayes therafter in the yeeres of God 1628 and 1629 publictlie and avowedlie resorted and repaired to the places of Strabogie, Bogiegeicht, Aboyne, Cannakyle, Gairtlie, Lessindrum, Craig of Auchindore, and to the houses of Williame Laing, Thomas Meinzeis, umquhill M^r Thomas Meinzeis, Alexander Andersoun, Walter Robertsoun, M^r Williame Lumsden, and Hercules Guthrie, indwellers in Aberdein, at least to one or other of the saids houses, where he heard diverse messes and other Popish exercises made by Jesuits, seminarie and messe preists;

lykeas he continuallie when occasioun offers assists the saids Jesuits, seminarie and messe preists in thair mariages, baptismes and others thair damnable exercises, convoyes thame athort the countrie frome place to place with forbiddin weapouns, furnishes thame with all sort of necessars confortable, and forders and promoves so farre as in him lyes thair damnable and pernicious practises.”

Charge having been given to the said Dr Leslie, and the Advocate, with Mr William Guild and Mr William Davidsoun, commissioners for the diocese of Aberdein, and Mr Gawin Dunbar, commissioner for the diocese of Murray, compearing and also the defender, and the probation having been referred to the defender’s oath of verity, who denied the complaint, the Lords assoilzie him.

And in respect that he has no certain place of residence and that the Church is about to pursue him for Popery the Lords required the defender to name a domicile where charges might be executed against him, whereupon he named the Marquis of Huntly’s house in Elgin.

The Lords, allowing of this, ordain all charges to be execute against him there, and also at the market cross of the burgh of Elgin, a copy being delivered to the provost or one of the bailies in the defender’s name, but this without prejudice to the ordinary form of charge against the defender if he should happen to be personally apprehended.

“The whilk day the missive underwrittin signed be the Kings Majestie wes presented to the Lords of Secreit Counsell and read in thair audience, of the quhilk missive the tennour followes:— Charles R. Right trustie and right weilbelovit cousine and counsellour, right trusty and weilbelovit cousines and counsellours, and trustie and weilbelovit counsellours, we greete yow weill.

Whereas ane motioun hes beene made unto us in behalffe of the clergie of that our kingdome that for the suppressing of Poperie and taking order with suche excommunicat persouns as doe stand out in contempt of our lawes in the northerne parts thairof ane commissioun might be grantit to some fitt persoun for apprehending of suche Papists there as ar in rebellioun and excommunicated;

whairin, approving thair demand, and with all considering of the habiliteis and affectioun to our service of our right trustie and right weilbelovit cousine and counsellour, the Lord Gordoun, our pleasure is (if the Archbishop of St. Androwes in behalfe of the clergie sail thinke it expedient) that yow call him before yow and that yow grant him a full commissioun for that effect in all the northerne parts of our kingdome,

with power to him to substitute deputeis and officiars for the advancement of this service and also to intromett with the rebellis lyverents and escheits for his owin use, provyding yow tye him by suche wayes as yow thinke expedient, that the benefite of thair escheats and lyverents doe not turne to the profite and use of the rebellis thameselffes,

and that yow authorize the said Lord and his foresaids to intercommoun with thame for the easier bringing of thame in and for reclaming of thame, with advice of the minister of the parish where they dwell, to the Churche in a faire maner, some few dayes for treatie being granted for that effect, whairin they may not be troubled;

and also we require yow that the commissioun conteane suche power and suche others things requisite and suche tyme as yow and he sail best condescend upon for the furthering of that service; so we bid yow fareweill. Frome our Court at Whitehall the tent day of December 1629.

Quhilk missive being heard and considderit be the saids Lords and they having craved the opinioun of Johne, Archbishop of St. Androwes, anent the said missive, he in name of the clergie approved the choise made be his Majestie of the said Lord Gordoun for the service foresaid,

and the said Lord being callit upon and his Majesteis pleasure notified unto him, he with all humble and dewtifull respect acknowledged his Majesteis singular favour done unto him by entrusting him with suche ane weightie imployment, whilk he accepted upon him and promeist to execute the same faithfullie.

The Lords continewes the advysing upon the heads, power and tennour of the commissioun till Thurisday nixt and recommends to the Bishop of Murrey and the commissioners for the dioceis of Aberdein and Murrey to consider of the said commissioun and how and after what forme they would have the same to be drawin up.”

Sederunt — Chancellor; Treasurer; St. Androes; Præses; Privy Seal; Mairshell; Murrey; Wintoun; Linlithgow; Seafort; Air; Bishop of Dunkeld; Bishop of Dumblane; Lord Areskine; Lord Melvill; Advocate; Justice Clerk; Sir Johne Scot; Sir James Baillie.

“The whilk day Johne, Bishop of Murrey, and the commissioners for the dioceis of Aberdein and Murrey gave in thair overtures, whiche they craved to be inserted in the commissioun to be grantit to the Lord Gordoun, togidder with the names of excommunicat rebellis, Jesuits, seminarie and messe preists, to be insert in the said commissioun; whairupon ane commissioun wes past and exped as followes:—

Forsameckle as all Jesuits, seminarie and messe priests and excommunicat traffiquing papists ar found and declared by diverse acts of Parliament and Secreit Counsell to be most pernicious pests in this commoun weale and avowed enemeis to Gods truthe and to all Christiane governement, and that thairfoir they wer expresselie commanded to have departed furth of this kingdome within a certane space now of a long tyme bygane under the pane of death,

yitt partlie upon occasioun of the confort and countenance whilk they find amongs nombers of his Majesteis subjects, being popishlie affected, and partlie by the negligence and oversight of these to whois charge the execution of the saids acts and apprehension and punishing of the said Jesuits, seminarie and messe preists, apperteanned, they have tane the boldnesse fra tyme to tyme to repaire to this kingdome, and has ane speciall recept and residence within the north parts of the same,

where they bussie themeselffes to corrupt the simple and ignorant people both in thair religioun and alledgeance; lykeas thir Jesuits and messe preists hes so farre prevailed by thair craftie and politick insinuatiouns that nombers of his Majesteis subjects and in speciall the persouns underwrittin, they ar to say,

M^r Robert Bissat of Lessindrum, Jeane Gordoun, his spous, Johne Gordon, elder of Craig, Johne Gordoun, younger of Craig, Alexander Gordoun, appearand of Cameborrow, James Gordoun of Letterfoure, Margaret Gordoun, his spous, Patrick Gordoun some tyme in Terrisoule, Johne Gordoun at the Little Mylne of Rathven, Alexander Gordoun in Drumquhaill, Margaret Gordoun in Cormellat, Malcolme Laing in Gulburne, M^r Adame Strauchane in Aboyne, Alaster Gordoun in Badzenoch, Angus M^cEan M^cWilliame there, Johne Gordoun in Cohorrach, Hew Hill in Westseate, Johne Spence in Bruntstoun, Issobell Strauchane, his spous, Johne Gordoun in Troupesmylne, Issobell Gordoun, his spous, James Forbes of Blacktoun, Margaret Fraser, his spous, Margaret Gordoun, spous to Robert Inneis in Elgine, Sir Johne Campbell of Calder, Alexander Gordoun in Letterfoure, James Con in Knockiemylne, Alexander Leslie of Conrache, Thomas Meinzeis of Balgownie, Margaret Gordoun, his spous, M^r Alexander Irwing, burges of Aberdein, Marjorie Meinzeis, his spous, and Robert Irwing, his brother, ar corrupted in thair religioun and alledgeance be the saids Jesuits and messe preists.

Quhairupon, they being callit to thair answere, and great panes and travellis being taken for reduceing of thame frome thair erroneous opiniouns, they, notwithstanding, to the offence of God, contempt of his Majestie, and to the disdaine of the censures of the Kirk, continew obstinat and obdured in thair errours, for the whilk they ar not onelie excommunicat be the order and censures of the Kirk bot with that they ar denunced his Majesteis rebellis and putt to the home and contempnandlie remaines thereat, haunting and repairing publictlie and avowedlie athort the countrie at thair pleasure as if they wer free and lawfull subjects, to the disgrace of his Majesteis government;

and his Majestie understanding the good affectioun of his trust cousin and counsellour, George, Lord Gordoun, to doe his Majestie service, and how that he will endeavoure himselffe with his haill power, forces and freindship to execute all and whatsomever directiouns that his Majestie sail lay to his charge,

thairfoir the saids Lords, with his Majesteis speciall allowance and command, hes made and constitute, and be the tennour heirof makes and constituts the said Lord Gordoun, and James, Lord of Desfurde, Sir Alexander Gordoun of Cluny, knight baronnet, and Sir Robert Inneis of Balvenie (whilk three persouns the said Lord Gordoun hes nominat and givin up as deputeis for him to supplee his absence in the executioun of this commissioun, and for whome he hes undertane to be answerable), conjunctlie and severallie,

our soverane lords commissioners within the bounds of the shirefdomes of Aberdein, Banff, Elgine, Forres, Nairne, Innernes, Sutherland and Cromartie, to the effect underwrittin, givand, grantand and committand unto thame conjunctlie and severallie full power and commissioun, expresse bidding and charge to convocat his Majesteis lieges in armes and to pas, searche, seeke and take the Jesuits and messe preists particularlie underwrittin,

they ar to say, M^r Andro Stevin callit Father Stevin, M^r Johne Ogilvie, Father Stitchell, Father Hegits, M^r Williame Leslie callit the Caputiane, M^r Andrew Leslie and M^r Johne Leslie, Father Chrystie callit the principall of Dowie, wyth other twa Crysteis, Father Broun, sone to umquhill James Broun at the Neather Bow of Edinburgh, Father Tyrie and the three Robertsons callit Fathers, Father Rob, Father Patersone, Father Pittindreich, Father Dunbreck, M^r Alexander Falconer, sone to Ballandro, and M^r Normand Duncane, sone to umquhill Patrik Duncane,

and all others Jesuits, seminarie and messe preists, haunting and frequenting within the shirefdomes abonewrittin, where ever they may be apprehendit within any part of the same;

as alsua to pas, searche, seeke and take the excommunicat rebellis particularlie abonewrittin and all others excommunicat and rebellious papists aganis whome letters of horning sail be produced to the saids commissioners and whois names sail be given to thame or anie of thame in bill be the Bishop of the diocie, moderator of the presbyterie, or anie of the ministers of the presbyterie, where ever they may be apprehendit;

and to delyver the excommunicat weomen to the shireff of the shyre and provest and bailleis within burgh to be committed to waird in some sure jayle within the bounds abonewrittin there to remane till farder order be tane with thame, and to bring, present and exhibite the saids Jesuit, seminarie and messe preists and excommunicat rebellious Papists before his Majesteis Counsell to be tane order with and punished according to his Majesteis lawes.

And if it sail happin the saids Jesuits, seminarie and messe preists and excommunicat rebellious Papists or anie of thame for eshewing of apprehensioun to flee to strenths and houses, with power to the saids commissioners, conjunctlie and severalie, to doe thairin as is prescryved be his Majesteis lawes in caise of rebellioun.

And the saids Lords declares that if in the persute of the saids Jesuits, seminarie and messe preists and excommunicat rebellious Papists they, refusing to be taken and making resistance, there sail happin slauchter, mutilatioun or anie other inconvenient to follow, that the same sail not be impute as cryme nor offence to the saids commissioners nor persouns assisting thame in the executioun of this commissioun, exonering thame and everie one of thame thairof and of all pane and danger that may follow thairupon or may be impute to thame thairthrow for ever.

And for the better executioun of this commissioun, with power to the saids commissioners and persouns assisting thame in the executioun thairof to beare and weare hacquebuts and pistolets in the cleere and actuall executioun of the said commissioun allanerlie and no otherwayes; and with this speciall provisioun that they doe not beare, weare nor use the same aganis anie of his Majesteis good and lawfull subjects.

And if anie of the excommunicat rebellis foresaids being apprehendit sail be willing to conforme thameselffes to the trew religioun profest and be law established in this kingdome, and sail give satisfactioun to the Bishop of the diocie or minister of the parish anent thair conformitie and sail report their testimoniall thairupon to the saids commissioners or anie of thame,

the saids Lords declares that the conformitie of the saids persouns, testified be ane testimoniall frome the Bishop of the diocie or ministers of the parish, sail be ane sufficient exoneratioun to the saids commissioners in the report of thair diligence to his Majesteis Counsell pro tanto.

And if anie of the persouns particularlie abonewrittin aganis whome this commissioun is grantit sail in the meane tyme for eshewing of apprehensioun flee out of the countrie so as they cannot be apprehendit, the saids Lords declares that the medling with thair houses and rents sail be compted as sufficient diligence done be the commissioners.

And the saids Lords being willing that all faire and lawfull meanes be used for the easier imbringing of thir excommunicat rebellious Papists and reclaiming of thame with advice of the minister of the parish where they dwell frome thair errours to the Churche, the saids Lords for this effect gives power and commissioun to the saids commissioners, conjunctlie and severallie, to intercommoun with the saids excommunicat and rebellious Papists and to keepe trysts and meetings with thame,

during the quhilk tyme of thair intercommouning (quhilk the saids Lords declares sail not exceid the nomber of ten dayes) they discharge all others commissioners nominat in anie former commissiouns of all taking, apprehending, warding or troubling of anie persoun or persouns with whome the saids commissioners sail intercommoun, as said is,

the saids commissioners or anie of thame giving alwayes ane ticket under thair hands to the saids excommunicat rebellis for thair saulffe repaire and intercommoning during the said space of ten dayes, the productioun of whiche ticket the saids Lords declares sail be ane sufficient warrand to the parteis receavers for discharging the executioun of all commissions formerlie grantit aganis thame during the space abonewrittin.

And the saids Lords declares that this present commissioun sail be without prejudice to the former commissioun grantit be the saids Lords to ane nomber of noblemen, barouns and gentlemen within the severall shirefdomes of this kingdome and ratified and allowed be his Majestie for apprehending of Jesuits, seminarie and messe preists and excommunicat rebellious Papists, unto the quhilk former commissioun this present commissioun sail be no derogatioun in anie point.

And generallie with power to the saids commissioners, conjunctlie and severallie, to doe, exerce and use all and sindrie others things quhilks for apprehensioun of the saids Jesuits, seminarie and messe preists and excommunicat rebellious Papists may lawfullie be done; firme and stable halding and for to hald all and whatsomever things sail be lawfullie done heerin.

And the saids Lords ordanis this commissioun to stand in force untill the first day of May nixtocome, quhilk day the saids Lords hes assigned and assignes to the saids commissioners for giving ane accompt of thair faithfull and reall diligence in the executioun of the premisses.

And the saids Lords ordains letters to be direct to make publicatioun heirof at the mercat croces of the heid burrowes within the shirefdomes particularlie abonewrittin, and to command and charge all and sindrie his Majesteis lieges and subjects to reverence, acknowledge and obey, ryse, concurre, fortifie and assist the saids commissioners in all things tending to the executioun of this commissioun;

and for this effect to conveene and meit with thame at suche dayes, tymes and places as they sail be advertised by thair missive letters or utherwayes, and that effauldlie and trewlie they concurre and joyne with thame in the executioun of this commissioun and doe nor attempt nothing whilk may impede or hinder the same nor linger and delay the executioun thairof,

as they and everie ane of thame will testifie thair affectioun to the forderance and advancement of this his Majesteis service, and under the pane to be punished exemplarilie for thair dissobedience;

and sicklyke to command and charge the provest and bailleis of all burrowes to receave fra the saids commissioners and shireffs suche persouns as they sail present unto thame and to committ thame to warde and to deteane thame thairin till order and directioun be given for thair punishment as accords, as they will answere upon thair obedience at thair highest charge and perrell.”

“The Lordis ordains Doctor Leslie, who wes personalie present, to attend upoun Tuisday, quhairof intimatioun wes maid to the Bishop of Murray and commissionaris foirsaid.”

“The whilk day in presence of the Lords of Secreit Counsell compeired personallie David Aikinheid, provest, James Cochrane, Williame Kid, Androw Ainslie, and Edward Edgar, bailleis of the burgh of Edinburgh, and David M^cCall, thesaurar of the said burgh, for thameselffes and as procurators for the remanent counsell and deacons of craft of the said burgh,

and ratified, allowed and approved, and be the tennour of this present act, ratefeis, allowes and approves the submissioun and offers made be M^r Johne Hay, commissioner for the said burgh, to the King his most sacred Majestie concerning thair chartour grantit be our lait soverane Lord of eternal and blessed memorie to the said burgh in anno 1603 and tuicheing diverse others particulars at lenth specified in the saids offers.

Lykeas they gave in ane act of thair counsell under the hand and subscriptioun of M^r Alexander Guthrie, commoun clerk of the said burgh, conteaning the ratificatioun, approbatioun and allowance thairof made be the said burgh;

quhilk submissioun, and offers and ratificatioun thairof foresaid being read, heard and considderit be the saids Lords, and they being thairwith weill advised, the saids Lords hes ordained and ordains the said submissioun and offers and act conteaning the ratificatioun thairof to be insert and registrat in the bookes of Privie Counsell, of the whilk the tennour followes:—

“Vigesimo octavo die mensis Januarii anno Domini j^m vj^c trigesimo. The whilk day David Aikinheid, provest of the burgh of Edinburgh, James Cochrane, Williame Kid, Andro Ainslie and Edward Edgar, bailleis of the said burgh, Joseph Marjoribankes, deane of gild, David M^cCall, thesaurar, and remanent counsell and deacouns of crafts of the same being conveenned,

M^r Johne Hay, thair commissioner, having presented and produced before thame the offers underwrittin made be him in thair name to his Majestie, and the saids provest, bailleis, deane of gild, thesaurar, counsell and deacouns of crafts having read and considderit the same, they ordaine the same to be insert and registrat in thair bookes of counsell ad futuram rei memoriam, whairof the tennour followes:—

Offers made to his Majestie anent the chartour grantit to the good toun of Edinburgh anno 1603. Forsameekle as his Majestie is informed that there is conteanit in the said chartour manie strange clauses quhilks ar not competent to ane subject and manie lands annexed to the Crowne conveyed thairby frome the Crowne,

the good toun to approve thair loyaltie to his Majestie (without prejudice alwayes of the auld rights, chartours, infeftments, decreits, liberteis and priviledges thairin ratified, grantit to that good toun formerlie be his Majesteis predecessours before the dait of the said chartour,

and als without prejudice of the shirefship and crownership thairin conteanit within the bounds more particularlie specified and designed in the offer made be the good toun to the noblemen and gentlemen of West Lothiane, and als libertie of sole trade of merchandice apperteaning to ane free royal burgh within the whole bounds of West Lothiane as the same is designed in the said chartour,

without prejudice also to his Majestie to erect burghes, ather of regalitie or baronie in anie other pairt of West Lothiane without the bounds of thair said crownership and shirefship, touns and lands apperteaning to the good toun in propertie or superioritie,

and als of the customs, pittie customes, shoare, silver and uther dewteis, liberteis and priviledges mentionat in the said chartour, and upon the provisioun underwrittin) hes in all humilitie made voluntar offer to his Majestie to renunce in favours of his Majestie all right of regalitie dispouned to thame in the said chartour, if anie be thairin conteanit,

and also the right that the good toun hes thairby to escheits of criminal persouns convict before thame to death, and also of the escheits of all thair inhabitants denunced to the home for civill causes, or anie other strange libertie, if anie be thairin conteanit, whilk is not competent to ane subject nor is not nor hes not beene formerlie grantit to shireff, crowner or free burgh;

and als to renunce all right they have to the north or south Castell bankes be vertew thairof, without prejudice alwayes of anie former lawfull right whilk the good toun or anie thair burgessis hes to the same, and without innovatioun of the use of the south banke conforme as hes beene accustomed in all preceeding tymes past memorie of man;

with provisioun alwayes and with humble and tender sute to his Majestie that since that good toun is the cheefe and heid burgh of that kingdome and that the same wes erected, beautified and adorned with sindrie liberteis, priviledges and immuniteis be his Majesteis most noble progenitours frome tyme to tyme, and in speciall be his Majesteis father of happie memorie,

and that it hes pleased his royall Majestie out of his gracious favour to assure that good toun that he would protect thame in thair liberteis and priviledges and would not be wanting unto thame in expressing all testimoneis of his royall favour as occasioun sould offer, as the sword sent be his Majestie to thame to be used be thame for his Majestie and in defence of thair liberteis doeth sufficientlie witnes,

and that the good toun hes ever since his Majesteis entrie to the Crowne approvin thameselffes to be his Majesteis trew and loyall subjects; consideratioun also being had of the taxts payed be thame, being neere the thrid pairt of the taxts payed be the whole burrowes, of the burdeins they undergoe in all publict services, whilks tend ather to the honnour of his Majesteis Crowne or that his ancient kingdome,

and that the same is done be the free contributioun of thair loving citicens, thair commoun good being so meane as it is not able to support thair ordinar charges, it might please his Majestie to ratifie the said chartour in the remanent heids, articles and claussis thairof,

and in speciall thair haill auld infeftments therein conteanit, the free libertie of sole trade within the bounds of West Lothiane apperteaning to ane free burgh royall, the shirefship and crownership within the bounds designed as is abone-mentioned, customes, pittie customes, and others dewteis thairin exprest whairof the good toun is in possessioun, and of the remanent liberteis, priviledges and others thairin conteanit, conforme to the tennour thairof in all points,

and that the same be done in suche ane legall forme as sail be fittest for securing both his Majestie and the good toun.

And forder they ratifie and approve the same in the haill heids, articles and claussis thairof conforme to the tennour thairof; and gives power and commissioun to the provest, bailleis, deane of gild, thesaurar or anie ane of thame to compeir in thair names before the Lords of his Majesteis Secreit Counsell and in thair names de novo to ratifie and approve the same, conforme to the tennour thairof in all points, and ordains this act of counsell to be thair warrand.

Extractum de libro consilii burgi de Edinburgh per me Magistrum Alexandrum Guthrie communem clericum dicti burgi, testantibus his meis signo et subscriptione manualibus. (Signed) A. Guthrie.

And the saids Lords declaires that the registratioun of the said submissioun and offers and ratificatioun thairof sail not prejudge his Majestie nor nane of his officiars, the Estait nor nane of his Majesteis subjects, who sail find thameselffes hurt and greeved by the said submissioun and offers or be anie of the provisiouns, conditiouns and limitatiouns conteanit thairintill, to seeke reparatioun and redresse thairof be the ordinar course of law.”

Complaint by William, Earl Mairshell, patron of the kirk of Duffus, as follows:—By act of the Parliament held at Edinburgh in October 1612, it is ordained “that all presentatiouns to benefices be directed heereafter to the bishop or archbishop of the diocie where the same benefice lyes, provyding alwayes that incaise the archbishop or bishop sould refuise to admitt ane qualified minister accepting the presentatioun upoun him and who hes beene once receaved and admitted to the functioun of the ministrie, being than still undepryved, being presented unto thame be the patron, that in that caise the Lords of Privie Counsell sail direct letters charging the ordinar to doe his dewtie in receaving and admitting of suche a persoun as the patron hes presented, upoun the parteis complaint of the refuisall both of the bishop and archbishop, and no sufficient reasoun being givin for the same.”

The parsonage and vicarage of Duffus being now vacant in the said Earl’s hands as patron by the death of late parson of Duffus, the Earl presented “M^r James Guthrie, ane qualified minister” to John, Bishop of Murrey, within whose diocese the said parsonage lies, for his admission and collation thereto.

On his refusal the Earl applied to the Archbishop of St. Andrewes, who has likewise refused, and thus the said Earl’s right of patronage foresaid is brought in question.

The said Bishop of Murrey being summoned to show cause why letters of horning should not be issued against him to give effect to the patron’s choice, and the pursuer appearing by Robert Keith, W.S., his procurator, and the defender being personally present, it was stated that the question of the right of patronage of this kirk of Duffus and the admission of Mr. James Guthrie thereto was presently in dependence before the Lords of Council and Session;

whereupon the said Robert Keith replied for the Earl that he passed from the action before the Session and would take the benefit of the act of Parliament mentioned, wherein the Lords of Council are ordained to direct letters of horning upon a simple charge of fifteen days.

The said Bishop having no further reason to offer for his refusal, the Lords ordain him to grant collation and admission to the said Mr. James Guthrie as desired, within fifteen days after being charged thereto under pain of horning.

“The whilk day the provest and bailleis of Edinburgh being required be the Lords of Secreit Counsell to advise with thair toun Counsell if they would willinglie consent to forbeare the executioun of the decreit recovered be thame aganis certane of thair vassallis of Leith discharging thame of the girnelling of victuall within Leith untill the first day of November nixtocome,

and the bailleis of the said burgh with the deane of gild and thesaurar of the same burgh and Maister Alexander Guthrie, thair clerk, compeirand personallie before the saids Lords, they gave in thair reasouns in writt for thair refuisall to consent to the suspending of the said decreit, and thairupoun asked instruments, of the whilks reasouns the tennour followes:—

Answeres and reasouns givin in be the toun of Edinburgh why they can not goodlie consent to the suspending of the decreit obteanned be thame before the Lords of Sessioun aganis certane inhabitants in Leith.

First.—The provest, bailleis and counsell of the said toun of Edinburgh can not imagine who is thair partie in this complaint, for they ar assured it cannot be the Lords of his Majesteis Secreit Counsell, who daylie remitts maters of this kynd to the Lords of Sessioun, nather wer they ever in use to stay the executioun of anie of thair decreits;

and if thair partie be some particular noblemen or gentrie they aucht to give in thair supplicatioun and caus warne the provest and bailleis to answere thairto, and give thame ane authentick copie thairof that they may be acquaint with the grounds of thair greevances, whiche not being done the good toun is not haldin to answer to ane complaint without ane partie.

Secundlie.—The good toun cannot consent to the suspending of the said decreit, becaus the same is ane decreit founded upon thair rights and infeftments ratified in Parliament and recovered before the Lords of Sessioun, who are soverane and supreme judges in maters of that nature in foro contradictorio,

the mater being recommendit to the saids Lords be the Lords of Counsell, and the extracting of the said decreit being opposed be ane nomber of the nobilitie and gentrie, and warrand being givin to the said Lords of Sessioun to extract the said decreit notwithstanding of the said nobilitie and gentrie thair oppositioun;

whiche warrand is givin out under the hand of my Lord Chanceller being the head of the bodie of the Sessioun, so that thair consent to the suspending thairof wer ane expresse acknowledgement of the infirmitie of thair awin right or iniquitie done be the Lords of Sessioun;

nather could the present magistrats and counsell be ansuerable to thair successours if they sould in that kynde pas fra the benefite of thair right authorised be the sentence of the supreme judge.

Thirdlie.—The said sentence cannot properlie be craved to be suspendit, becaus the sentence is onelie aganis three persons, who hes found cautioun to obey the charge, and in respect of caution so found be thame the letters ar suspendit alreadie.

Fourthlie.—All that can follow upon this decreit is no summar executioun, bot onelie ane ordinar actioun of contraventioun, in whiche actioun so to be intented the Lords hes declared in thair foresaid decreit that they will reserve the interpretatioun and extent of the same deid of contraventioun to thameselffes so that no partie can compleane of anie prejudice they can susteane in the meane tyme.

Last.—To satisfie the Lords of his Majesteis most honnourable Privie Counsell, the provest, bailleis and counsell of Edinburgh hopes so to carie thameselffes in the haill sequele that may follow upon that decreit as they sail be answerable to his Majestie and his lawes for thair proceedings, and sail give als little just offence to the nobilitie and gentrie as they can.”

“Forsameekle as the burgh of Edinburgh having laitlie recovered ane decreit before the Lords of Sessioun aganis some of thair vassallis, inhabitants of the toun of Leith, discharging thame of girnelling of victuall within the said toun, and a nomber of the nobilitie and gentrie frome the severall parts of this kingdome being heere for the tyme,

and upon informatioun givin to thame of the said decreit, apprehending thair awin prejudice thairin, seing however it seemes to reflect bot aganis few nomber of the vassallis of Leith, yitt the executioun thairof will in consequence reache to the publict of the Estait and draw the whole victuall of the kingdome, whilk formerlie wes coft be the inhabitants of Leith, in the hands of a few nomber of Edinburgh, to be bought and sauld be thame at thair appetite;

and this being represented to the Lords of Secreit Counsell and they having takin the same to thair consideratioun as a mater of Estait importing the publict of the kingdome, whiche they ar bound in dewtie and justice to preferre to all privat respects,

and having advisedlie examined and remarked what may be the event and consequence of the said decreit and how far it may reache and be extendit aganis the publict of the Estait if the executioun thairof be prosecute and followed out,

the saids Lords after long reasoning and mature and good advice and deliberatioun hes found and be the tennour heirof finds and declares that the stopping and debarring of the inhabitants of Leith frome girnelling of victuall according to the lawes would be verie prejudiciall to the noblemen and barouns both in the north and west countrie,

and will occasioun ane forbearance of buying of victuall frome these in the north and of selling of the same to these in the west at exorbitant rates, to the great hurt of the commoun weale:

And thairfoir the saids Lords hes found it meit and expedient, concludit and ordained, that the executioun of the said decreit sail be stayed for ane certane tyme till the saids Lords give forder order and directioun thereanent;

and ordains the maisser of Counsell to pas and make intimatioun heirof to the provest and bailleis of Edinburgh, and to command, charge and inhibite thame that they on no wayes presoome to putt the said decreit to executioun till the saids Lords give forder directioun thereanent, as they will answere upoun the contrarie at thair perrell and under all highest pane that by course of law can be inflicted upoun thame for thair disobedience.”

Complaint by Alexander Gordon in Killihuntlie, alias of Baldome, in the parish of Kingussie, as follows:—He is informed he has been put to the horn at the instance of Mr. Robert Craig, procurator for the Kirk, for failing to compear before the High Commission of the Kirk and answer for his wilfully absenting himself “frome hearing of the Word of God, participatioun of the sacraments, and for hearing of messe, resetting of preists, and presenting of his childrein to be baptized by suche as have receaved orders frome the Church of Rome.”

From this process of horning he ought now to be relaxed, because he has now reconciled himself to the Kirk, and submitted to the discipline thereof, “and that be daylie hearing of Gods Word, communicating and deepelie swearing to the articles of faith and to defend the trew religioun presentlie profest throughout this kingdome,”

thus fulfilling the tenor of the letters of horning in all points, as a testimonial subscribed by John, Bishop of Murrey, and the Moderator and some of the brethren of the Presbytery of Inverness, now produced, shows.

The pursuer compearing, and the said Mr. Robert Craig being represented by George Watsone, Writer to his Majesty’s Signet, the Lords, on hearing parties, suspend the horning.

Commission under the Signet to John Innes of Kinclune, John Udny of Keithick, Alexander Pearson of Balmadies, James Stirling of Brackie, Achterlay of Murres, and Patrick Guthrie of Achmuthie, or any two of them, as justices, to hold courts and try Thomas Porter, a common and notorious thief, who on July instant was apprehended with a stolen mare, and warded in the place of Newgrange.

He has since confessed the stealing of a great number of horses both in Lothian and Angus.

Signed by Geo. Cancell., Mortoun, Linlithgow, Gordoun, Areskine and Naper.

Supplication by Margaret Guthrie, daughter to the deceased Hercules Guthrie, merchant burgess of Edinburgh, as follows:—Her said father died, “leaving nothing behind him bot ane great burdein of debts.”

Her uncle, Harie Guthrie, having become her tutor at law, he, without consulting her friends, served her heir to her father and has thus brought her under the danger of his whole debts.

His creditors have now obtained several decrees against the supplicant, “who is bot ane young pupill, not past ten yeers of age,” and have not only apprised her father’s movables, but have raised captions against her personally, so that she is like to be put in prison, “to her utter wracke and undoing, and to the disappointing and frustrating her of the benefite of vertuous educatioun in literature and others vertuous exercises quhilks are the onelie hopes left unto her whairupon to build her fortuns; and if she wer come to the age of twelffe yeeres whairthrow she might choose curatours, she would revoke the service foresaid and renunce all benefite she can clame to her said father as air to him.”

She accordingly craves their Lordships’ protection. The Lords, “finding it ane hard mater that pupills who ar altogidder ignorant of thair parents debts sail be troubled by captiouns,” etc., supersede all such processes against her person only for her father’s debts till she reach the age of twelve years.

“The whilk day Johne Achesone, generall of the Cunyiehous, gave in some overtures in writt for remedying the prejudice and abuse of the course in forrane dollours. The Lords ordains ane copie of the Articles to be givin to M^r Alexander Guthrie in name of the Burrowes and thame to report to the Counsell thair advice and judgement concerning the same upon the first Counsell day of Marche nixt. Followes the tennour of the overtures:—

Informatioun anent the present state of the money within the kingdome of Scotland by John Achesone, Generall of your Majesteis Cunyiehous.

It may please your Majestie understand that the onelie abuse and misgovernement of the estate of the money within Scotland wes bred by giving course to forraine moneyes by the peece abone the rait of your Hienes awne money, whilk aucht onelie to have course be the unce weight to be sett doun be your Majesteis Counsell according to the weight and fynnesse of the pryce of the unce, the deneir and the grane, whairby the lieges may not be deceaved,

whilk aucht to be sett furth in print upon ane table within the Cunziehous as wes done in your Hienes fathers tyme the nynt day of Marche, j^m vj^c and nynetene yeeres, and lykewayes by laike of punishement upon the transporters of your Majesteis awne moneyes and importing of infinite sorts of dollours, whairof the lieges nather knowes weight nor fynnesse nor the worth thairof, to thair great prejudice.

For remeid whairof may it please your Hienes to caus the basest sort of the dollours under the fynnesse of the rex dollour to be converted into small money to have course for exchange onelie within your kingdome of Scotland as the countreis of France, Flanders and Germanie does;

as lykewayes in the raigne of the Queene Regent and Queene Marie, your Majesteis grandmother, there wes coyned twelfepennie and saxpennie peeces, quhilks would now correspond to pennie and halfepenneis sterline, besides manie baser sorts of monie, whairby your Hienes may have some benefite and your lieges weill served;

and also to convert the rex dollours in your Majesteis awne coyne in the same weight and fynnesse they ar of for making commerce with the Easterne countreis, for performing whairof lett the fynes of the highters and transporters of your Hienes awne moneyes pay for the coynage.

Quhereanent if your Majestie will be pleased to give commissioun to ane or twa of your Hienes Counsell with my concurse to try the same I sail be readie to give my best advice and furtherance for that effect.

And concerning the billioun, lett the same have course with the standart of England conforme to the unioun of your Majesteis moneyes, to have course betuix England and Scotland, and for that effect to lett the Booke of Rates be doubled and to be payed in forraine silver plaitt or money of ellevin deneirs fyne at suche pryces as your Hienes Counsell sail appoint.

Bot lett never your Majestie thinke that your Hienes can keepe moneyes within Scotland without severe and strait punishement, as I have sett doun particularlie in ane Informatioun to your Majesteis Counsell.

For conclusioun, if this project be not found expedient, there is no other way to my knowledge bot onelie to conforme your Hienes awne moneyes to the rait of the gold now current, or ellis to diminishe the same ather in weight or in fynenesse, quhereanent your Hienes would doe weill to heare the advice of the cheefe officiars of your Majesteis Mynt in England,

and in the meane tyme to prohibite the highting of the forraine moneyes under the pane of treasoun, the rather in regarde they ar alreadie higher nor your Hienes awne coyne.”

“The Lords of Secreit Counsell ordains missives to be writtin to the Bishops desyring thame to write and seriouslie to recommend to the ministers within thair severall dioceis a tymous and charitable contributioun to be collected for releefe of the distrest ministers of the Palatinat, whois deplorable estate may appeare be thair letters sent unto thame,

and that the moneyes to be collected in everie parish be delyvered to the moderator of the presbyterie to be sent be thame heere to George Suttie and Williame Gray, merchants in Edinburgh, or anie one of thame in absence of the other, receavers appointed be the Counsell for that purpose, betuix and the last day of Apryle nixt;

and ordains the Bishop of Murrey and M^r Williame Struthers to caus make a booke and to carie the same to everie Counseller and Sessioner and others of thair nomber to the intent they may insert thairin suche contributiouns as thay in thair charitie sail be pleased to vouchesafe.”

“The whilk day the commissioun underwrittin anent the surveying of the lawes wes presented to the Lords of Privie Counsell and read in thair audience, quhilk being read and considderit be thame they ordaine the same to be insert and registrat in the bookes of Privie Counsell, of the whilk the tennour followes:—

Charles R. Our Soverane Lord, considering that his Majestie out of his zeale and care to establishe ane certane and constant course in all the supreme courts and justice seates als weill civill as criminall within his ancient kingdome of Scotland did by his Majesteis letters patents under the great scale of the dait at Whitehall, the secund day of Julij 1628 yeeres, give and grant ane ample commissioun to certane of his Majesteis Counsell and others most expert in the lawes of the said kingdome for surveying, recognoscing and considering of the lawes, statuts and Acts of Parliament of the said kingdome, als weill printed as not printed,

with the customes and consuetudes of the same quhilks ar and hes beene observed as lawes within the said kingdome, and to report thair advice and opinioun thereanent to his Majestie to the effect his Majestie may thereafter with consent of his three estaits in Parliament establishe and inact the same in forme of lawes.

And albeit the said commissioun wes accepted with all humilitie be the commissioners thereanent, yitt in respect of sindrie interveening impediments the samine hes not takin the effect quhilk his Majestie wished.

And thairfoir his Majestie in the lait Conventioun of Estats haldin and begun upon the 28 day of July last caused the said commissioun with the utilitie and necessitie thairof to be propouned to the saids three Estats, who after dew consideratioun thairof with uniforme consent in all humilitie acknowledged his Majesteis fatherlie care and affectioun to the weale of the kingdome in granting the said commissioun and humbelie desyred some moe persouns out of ilke estait to be added to the former commissioners.

And his Majestie being most willing to satisfie the humble desyre of the saids Estats, thairfoir his Majestie out of his princelie zeale and affectioun to justice and true and fatherlie love to his people, ordains ane letter to be exped under his Majesteis great scale, giving, granting and committing, lykeas his Majestie gives and grants full power and commissioun to George, Vicount of Dupline, Lord Chanceller; Johne, Archbishop of S^t Andrewes; Williame, Erie of Mortoun, Lord Thesaurar; William, Erie of Monteth, Lord President of his Majesteis Privie Counsell; Thomas, Erie of Hadintoun, Lord Privie Seale; Johne, Erie of Mar; Alexander, Erie of Linlithgow; Robert, Erie of Roxburgh; Johne, Erie of Lauderdaill; Patrik, Bishop of Abirdeene; Patrik, Bishop of Rosse; Johne, Bishop of Caithnes; Adame, Bishop of Dumblane; Johne, Lord Lowdoun; David, Lord Carnegie; Archibald, Lord Naper; John, Lord Tracquair; Sir Williame Alexander, principall Secretarie;

Sir James Skeene of Currihill, knight, President of the Session; Sir Archibald Achesone of Glencarnie, Secretar; Sir Johne Hamiltoun of Magdalens, Clerk of Register; Sir Thomas Hope of Craighall, knight baronnet, his Majesteis Advocat; Sir George Elphinstoun of Blythswod, knight, Justice Clerk; Sir Johne Scot of Scottistarvet, Directour of the Chancellarie; Sir Alexander Gibsone of Durie; Sir Thomas Hendersone of Chesters; Sir Andro Fletcher of Innerpeffer; Sir James M^cGill of Cranston Riddell, knight baronnet; Sir James Oliphant of Newtoun, knight baronnet; Sir James Learmonth of Balcolmie; Sir George Afleck of Bedmanno; Sir Robert Spotswod of New Abbey; M^r George Halyburtoun of Foderance; Sir Robert Gordoun, knight baronet; Sir Alexander Strauchane of Thometoun, knight baronnet; Sir Patrik Hepburne of Wauchtoun; Sir William Cunninghame of Caprintoun; Sir James Foulles of Colinton; Sir Johne Scrimgeour of Duddop, Constable of Dundie; Alexander Areskine of Din; Sir Johne Hamiltoun of Lettrick; William Douglas of Cavers; Johne Boill of Kelburne; Sir James Lokhart of Lee; Areskine of Pittodrie; Thomas Crombie of Kemnay; Johne Gordoun of Buckie;

M^r Robert Learmonth, M^r Andro Aittoun, M^r Thomas Nicolsone and M^r Lewes Stewart, advocate; Alexander Clerk and Johne M^cNaucht, burgesses of Edinburgh; M^r James Cokburne, provest of Hadintoun; M^r Johne Hay and M^r Alexander Guthrie, toun clerkes of Edinburgh; John Cowane, burgess of Stirline; and Johne M^cKesone, clerke of Carraill:

or to anie sevin of thame with the said Chanceller, Thesaurar, President of the Counsell, and the said Lord Privie Seale, or anie one of thame, to meit and conveene at quhatsomever tymes and places convenient, and to read, recognosce and consider the saids haill lawes, statuts and Acts of Parliament of the said kingdome, als weill printed as unprinted,

togidder with the customes and consuetudes of the said kingdome quhilks ar and have beene observed as lawes within the samine, ather in the civill or criminall judicatoreis, and quhilks have beene receaved in practise by decreits of the Lords of Sessioun or Justice Generall;

and to that effect to caus be exhibite before thame be the Clerk of Register, Justice Clerk, and thair deputs, the haill registers and rollis conteaning the lawes and Acts of Parliament of the said kingdome, als weill unprinted as printed, with the registers of decreits and interlocutors of the saids Lords of Sessioun and Justice Generall, togidder with the booke intituled Regiam Majestatem, quhilk conteanes ane record of the ancient lawes and customes observed within the said kingdome,

and after dew consideratioun thairof to sett doun thair advice, opinioun and judgement under thair hands anent the printing of suche lawes and statuts as ar not yitt printed, and anent the ommissioun of suche acts and statuts as ar abrogat or become in desuetude and out of use.

And siclyke to collect and sett doun the haill customes and generall consuetudes inviolablie observed in the said kingdome als weill in the civill as criminall judicatoreis, to the effect the samine may be authorized and confirmed be forme of law and statute,

without prejudice alwayes of the lawes, acts, statuts and practicks, decreits and interlocutors conceaved in favours of the Crowne;

and that they report thair overtures and judgment to his sacred Majestie heeranent betuix and the ellevint day of October nixtocome, or with convenient diligence, to the effect his Majestie with consent of the Estaits of his Parliament may see to the redresse thairof for the weele of the said kingdome.

Givin at his Majesteis honnour of Hamptoun Court the twelfe day of October, 1630.

And the saids Lords ordains the commissioners abonewrittin to be writtin for to this day fyftene dayes to accept the commissioun and to give thair oath and to appoint thair tymes and dyets of meeting.”

“The Lordis assignis the first of Marche to the Laird of Barnis and to NicoU Uddart and M^r Alexander Guthrie, who compeirit for the toun of Edinburgh and rest of the burrowis, toucheinge the expediencie of setting up of beaconis upon the iland of May; and ordanis the maisteris of shipps to be warnit to the said day.”

“Forsameckle as Sir Johne Campbell of Calder, knight, having made shamefull apostasie and defectioun from the trew religioun presentlie profest within this kingdome, and being for that cans and for not reconciling himselfe to the discipline of the Kirk orderlie and lawfullie excommunicat,

he wes thairupoun charged be vertew of letters raised at the instance of Johne, Bishop of Murrey, and M^r Robert Craig, procurator for the Kirk, to have reconciled himselfe to the Kirk and to have submitted himselfe to the discipline thairof within a certane space after the charge under the pane of horning;

lykeas for his proud and wilfull contempt and disobedience of that charge he wes upon the 13 of Marche, 1629, denunced rebell and putt to the horne, as the letters of horning indorsat and registrat aganis him bearis;

and becaus he remained most proudlie and contempnandlie at the said processe of horne and excommunicatioun, as he does yitt unrelaxt, and keeped his hous of Calder as ane starting hole and place of refuge for persons trewlie suspect in thair religioun, there wes thairfoir letters aganis him whairwith he wes chargit be Alexander Guthrie, Marchemont Herald, to rander and delyver his said place and fortalice of Calder to the said herauld under the pane of treasoun;

lykeas for a culloured show of obedience the said Sir Johne made a forme of randering of the said hous by delyverie of the keyes to the said herauld, who yitt hes the saids keyes in his keiping.

And it being expected that nane durst have presoomed to have medled with the said hous so long as the same wes keeped in his Majesteis name and the keyes thairof in the hands of his herauld;

notwithstanding it is of truthe that upon the [blank] day of [blank], Williame Campbell, etc., with others thair complices come to the said place and fortalice of Calder, brake up the drawbridge thairof, dang up the yetts and doores of the same, made new lockes and keyes thairto, hes possest thamselffes within the said place, hes fortified the same with men, victuall and armour, keepes the same as ane hous of warre,

ressetts Jesuits, seminarie and messe preists and others suspect persons within the same, who by the confort, ressett and supplee they find in that hous ar incouraged to continew in thair erroneous opinions to the high and proud contempt of his Majesteis auctoritie and lawes.

Thairfoir ordains letters to be direct charging the persouns foresaids to compeir personallie before the Lords of Secreit Counsell at ane certane day to answere to the premisses and to heare and see suche ordour tane thereanent as they may be punished in thair persons and goods for the proud contempt foresaid under the pane of rebellioun, etc., with certificatioun, etc.”

“The whilk day, George, Vicount of Dupline, Lord High Chanceller of this kingdome; Alexander, Erie of Linlithgow; Adame, Bishop of Dumblane; David, Lord Carnegie; Sir James Skeene of Currihill, President of the Sessioun; Sir Archibald Achesone, Secretar; Sir Johne Hamiltoun, Clerk of Register; Sir Johne Scot of Scottistarvet, Directour of the Chancellarie; Sir Thomas Hendersone of Chesters, Sir Andro Fletcher of Inverpeffer, Sir James M^cGill of Cranstoun Riddill, Sir James Oliphant of Newtoun, Sir James Learmonth of Balcolmie, Sir George Afleck of Balmanno, Sir Robert Spotswood of New Abbey, M^r George Halyburtoun of Foderance, Sir Patrik Hepburne of Wauchtoun, Sir James Foullis of Colintoun, Sir Johne Scrimgeour of Duddop, Sir James Lokhart of Lee, John Boill of Kelburne,

Alexander Clerk, provest of Edinburgh; Johne Cowane, burges of Stirline; Johne M^cKesone, clerk of Carraill; M^r Robert Learmonth, M^r Lewes Steuart, M^r Andro Aittoun, advocats; Johne M^cNacht, burges of Edinburgh and M^r Alexander Guthrie, toun clerk there, accepted upon thame the commissioun for surveying the lawes and gaif thair oath for faithfull discharge of the same.”

“The Lords ordains the commissioners abonewrittin to meit in the Exchecker hous upon Mononday nixt at eight of the clocke and to appoint the tymes of thair meeting for ordering the maters committed to thair charge.”

“The whilk day David Aikinheid, assisted with some of the commissioners for the Burrowes, compeirand before the Counsell, declared that he perused the overture givin in be the generall of the Cunyiehous for reforming the abuse of forrane coyne current within the kingdome,

and declared that in regarde the countrie is now fullie stored with dollours that it were not saulfe nor seasounable at this tyme ather to decry or discharge the course of dollours till the countrie were first suppleed with better money, whilk in likliehood may be hoped if the peace with Spaine be of anie continuance.

And in the meane tyme the Burrowes thinkes it fitt that ane course be takin for restraining the forder imbringing of dollours be sea or land, and that the coale and salt maisters be dischargit to receave anie dollours for thair coale and salt after the expyring of the tyme to be appointed to that effect,

and that the shireffs and justices of peace take speciall care to discover the imbringers of dollours, and a proportion of that whilk sail be deprehendit to be applyed to the use of the discoverer;

and declaires that for the better furnishing of the countrie with his Majesteis coyne it wer fitt that the bulyeoun sould be payed in forraine coyne and not by exchange and that no forebulyeoun be takin bot that the same sould be payed be the merchant himselfe to the maister of the Cunyiehous after his returne and not to be uplifted be the customers;

and speciallie that nane of his Majesteis coyne be brokin, melted nor made bulyeoun of.

Quhilk declaratioun made be the said David Aikinheid being heard and considderit be the Lords of Privie Counsell and they advised thairwith, the saids Lords continews this mater in the estait whairin it stands untill the Conventioun of the Burrowes, and ordains the Burrowes to report at that tyme what forder the burrowes sail resolve upon thairin.

And in the meane tyme ordains the said David Aikinheid and M^r Alexander Guthrie, who wes personallie present, to give in in writt to the Counsell the reasones and overtures propounded be thame this day to the intent the Counsell may consider thairof.”

Editorial note: “In the Sederunts this Act is also recorded, and there is added at the end ‘and acquent the officiaris of the Cunyeehous with the same.’”

“The whilk day in presence of the Lords of Secreit Counsell compeired personallie David Aikinheid, lait provest of Edinburgh, and M^r Alexander Guthrie, toun clerk thairof, assisted with some commissioners for the Burrowes, and gave in thair overtures and reasouns underwrittin anent the mater of the coyne, of the quhilk the tennour followes:—

In particular Conventioun of Borrowes haldin at the burgh of Edinburgh the fyft day of Marche the yeere of God j^mvj^c and threttie ane yeeres be the Commissioners of the Burrowes there conveenned be vertew of ane missive letter direct to thame frome the said burgh of Edinburgh of the fourt day of Februarie last bypast, the whilk day the saids commissioners being conveenned—Whereas there being ane petitioun preferred to his Majestie be the general of the Mynthous of this kingdome conteaning certane overtures for reforming the present abuse of the coyne occasiouned through the course of dollours within this countrie, and the Lords of his Majesteis most honorable Privie Counsell having ordained his Majesteis free Burrowes to be acquainted thairwith and ane copie thairof be delyvered to thame that they might the first of Marche be heard heeranent, and there being ane few nomber of the commissioners of the saids borrowes conveenned, and they having perused the said petitioun and overtures thairin conteanit they did find there would be ane great danger to cry in or stoppe the present course of the saids dollours considering the masse of the haill present coyne of this kingdome did consist of these speces of dollours and that it sould prove verie prejudiciall to the haill lieges if order be takin thairwith before the countrie be sufficientlie provided with other money; and so muche the rather that probablie if the peace sould continew with Spaine the countrie might be disburdenned of the saids dollours and others moneyes brought in.

That therefore it would please the saids Lords not to take anie forder order with the saids dollours till more mature deliberatioun wer takin thereanent with advice of all suche as the said mater did concerne. And for preveening of forder incomming of the saids dollours that the saids Lords would be pleased to discharge all persons frome bringing in of dollours within this kingdome ather be sea or land and grant ane warrand to his Majesteis shireffs, Justices of Peace, and provests and bailleis within burgh, to searche, seeke, take and apprehend all suche persouns as brings anie of the saids dollours within the kingdome and to confiscat the same, the ane halfe to his Majesteis use and the other halfe to the apprehenders; as lykewayes to discharge the maisters of coaleheuches and saltpannes to receave anie speces of the saids dollours under suche hie panes as it sail please the saids Lords to appoint:

and for forder incomming of bulyeoun that the saids Lords would be pleased to discharge the customers frome receaving of bulyeoun, and that the whole bulyeoun be receaved be the maister of the Cunziehous frome the merchants after thair returne frome thair voyages allanerlie and that in forrane coyne and nane in English money, and that all persons be discharged frome melting anie of his Majesteis coyne old or new under suche panes as it sail please the saids Lords to injoyne. Whiche course being in tyme takin doubtlesse will prove profitable to the whole kingdome.

And in the meane tyme the present commissioners ordains the said mater to be recommendit to the commissioners to be conveenned at thair nixt generall Conventioun, and ilke burgh to be required to send thair commissioners sufficientlie instructed with thair best advices for reforming the present abuses of the coyne and farder imbringing of money within this kingdome; and this to be ane heid of the nixt missive. Extract furth of the register of the Acts of the Conventioun of Borrowes be me, M^r Alexander Guthrie, commoun clerk of Edinburgh and clerk also to the saids Borrowes, witnessing heirto this my signe and subscriptioun manuall. A Guthrie.”

“Ane missive frome the Commissionaris of the fisheing desiring to be particularlie certifyed of the frethis, lochis and bayis craved to be exceptit and reserved for the use of the cuntrey, quhairanent the toun of Edinburgh being warnit, and thay compeirand be NicoU Uddart and M^r Alexander Guthrie, thay tooke the nixt Counsall day to reporte a perfyte not and record of the same.”

“The Lords of Secreit Counsell gives and grants warrand and commissioun to Williame, Erie Mairshell, Patrik, Bishop of Abirdeene, Johne, Bishop of Murrey, James, Lord Ogilvie, David, Lord Carnegie, and Colonell Harie Bruce, or anie three of thame conjunctlie, to make thair addresse to the place of Fendraucht with convenient diligence and at suche tyme as they sail appoint, and there to sight and view the hous of Fendraucht, and to consider the frame and structure thairof, and how and by what meanes the fire wes raised within the same, and if the fire wes accidentall or done of sett purpose by the hand of man, and if there be anie possibilitie or probabilitie that the fire could have been raised be anie persons without the hous; and that they report thair proceedings and what they sail find thairin formallie in writt under thair hands to the saids Lords upon the twentie day of this instant, for doing whairof the extract of these presents sail be unto the saids commissioners ane sufficient warrand.”

“The whilk day the report underwrittin subscryved be the commissioners appointed for visitatioun of the hous of Fendraucht wes produced in Counsell, of the whiche the tennour followes:—

At Fendraucht the threttene day of Aprile, the yeere of God j^mvj^c and threttie ane yeeres, we undersubscryvers for obedience of ane ordinance and warrand givin be the Lords of his Majesteis most honourable Privie Counsell made our addresse to the hous of Fendraucht and considderit the frame and structure thairof for tryell how and be what meanes the fire wes raised within the same and whither the fire wes accidentall or done of sett purpose be the hand of man, and if there be anie possibilitie or probabilitie that the fire could have beene raised be anie persoun without the hous; and having sighted and examined the samine with one voice and consent resolves as followes:—

We finde be all likliehood that the fire whairby the hous wes brunt wes first raised in ane vault whairin we find evidenceis of fire in three sindrie parts, one at the farthest end thairof, another towards the middes, and the thrid on that gavell whiche is hard by the hole that is under the bed whiche wes in the chamber abone. Your good lordships will excuse us if we determine not concerning the fire whether it wes accidentall or of sett purpose by the hand of man, onelie this muche it seemeth probable unto us after consideratioun of the frame of the hous and uther circumstances that no hand without could have raised the fire without aide frome within.

In witnes whairof we have subscryved thir presents with our hands. Pa. Aberdene; Jo. B. of Moray; J. L. Ogilvy; Carnegy; Henry Brus. Quhiche report being read in the presence and hearing of his Majesteis Counsell, the Lords ordains the same to be registrat and ane extract thairof givin to the parteis whome it doeth concerne.”

“The whilk day in presence of the Lords of Secreit Counsell compeired personallie Johne, Bishop of Murrey, and M^r Thomas Mitchell, commissioner for the ministers within the diocie of Aberdein, and reported to the saids Lords that Patrik Gordoun of Kincragie, James Gordoun of Letterfoure, and Alexander Irwing had satisfied the Kirk in points concerning thair religioun, and that they wer relaxt fra the sentence of excommunicatioun used agains thame for that cans.”

“Anent our soverane Lords letters raised at the instance of the provest, bailleis and counsell of Edinburgh, makand mentioun, that where they having upon the saxtene of this instant exhibite unto the Lords of Privie Counsell ane letter from his Majestie conteaning ane declaratioun of his Majesteis royall pleasure, that if the saids compleaners sail ratifie the declaratioun conteanit in ane decreit recovered be thame before the Lords of Counsell and Sessioun in favours of the nobilitie, gentrie and others exprest thairin anent the girnelling of victuall that than the saids Lords without anie forder delay sould annull the act made be thame aganis the said decreit of the Lords of Sessioun in so farre as concerned the girnelling of victuall, as his Majesteis letter foresaid beiris:

Quhilk being read and considderit be the saids Lords of Privie Counsell, it wes thair pleasure before they would give ane answere thairto to ordaine the saids compleaners to warne the partie to heare the contents of his Majesteis letter intimat unto thame, quhilk for obedience of the saids Lords they ar content to doe, with protestatioun that the citatioun and warning to be used aganis thame is not to call in question or bring in tryell the validitie of the said decreit bot to give notice unto thame of his Majesteis will.

And anent the charge givin to James Home, Alexander Hay and George Logane, the three persons aganis whome the compleaners have recovered the said decreit, to have compeired personallie before the Lords of Privie Counsell at ane certane day bygane to have heard and seene his Majesteis royall will and pleasure mentiouned in his said letter intimat and signified unto thame, that accordinglie the saids Lords may doe thairin as his Majestie hes directed, under protestatioun foresaid with intimation as effeires, lykeas at mair lenth is conteanit in the saids letters, executions and indorsations thairof,—

quhilks being callit and Alexander Clerk, provest, Nicol Udward, Andrew Simsone, Gilbert Achesone and Johne Rind, bailleis of the said burgh of Edinburgh, with some of the Counsell thairof, compeirand personallie and the saids defenders being lykewayes personallie present, the saids persewers produced before the saids Lords ane act under the subscriptioun of M^r Alexander Guthrie, clerk of the said burgh, of the dait the fyftene day of Junij instant, proporting that the provest, bailleis, counsell and deacons of crafts of the said burgh being conveened in thair counsell, ratified and approved the declaratioun made be thame before the Lords of Session aganis certane inhabitants of Leith upon the ellevint of Marche, 1630, by the whilk they declared that the chartour grantit to thair predecessours be umquhile Sir Robert Logane of Restalrig and confirmations of the same anent the prohibitioun of girnelling of victuall in Leith sail be onelie proper and extendit aganis the inhabitants of Leith and sail nowayes be prejudiciall to whatsomever noblemen, barons, gentlemen and others, his Majesteis subjects who brings or sends victuall to Leith to girnell the same there, as the said act of ratification beiris.

Quhilk act being read, heard and considderit be the saids Lords, and they having lykewayes read and intimat his Majesteis missive letter foresaid to the defenders abonewrittin, who humbelie acquiesced to his Majesteis royall will and pleasure exprest in the said letter; lykeas the said Alexander Hay for himself and in name of the remanent defenders foresaids consented to the rescinding of the said act in so farre as concernes the girnelling of victuall;

and the saids Lords being weill advised with the said act of ratification, his Majesteis missive letter foresaid and consent abonewrittin of the saids defenders to the rescinding of the said act, the saids Lords of Secreit Counsell, in respect of the act of ratification foresaid and his Majesteis missive letter abonewrittin, hes rescindit and annulled, and be the tennor heirof rescinds and annulls the act foresaid made be thame aganis the decreet foresaid of the Lords of Sessioun, but prejudice of anie mans right and possessioun as accords of the law, and ordains the said act to have no forder force, effect nor executioun heerafter.

Lykeas the saids Lords hes ordainned and ordains the said act of ratificatioun produced be the saids persewers to be insert and registrat in the bookes of Privie Counsell, and they have interponned and interpons thair auctoritie thairto, of the quhilk act the tennour followes;—

Apud Edinburgum, decimo quinto die mensis Junij anno Domini millesimo sexcentesimo trigesimo primo.

The whilk day the provest, bailleis, counsell of the burgh of Edinburgh and deacons of crafts of the same, being conveened, and considdering of the declaratioun made be thame anent the girnelling of victuall in Leith and conteanit in the decreit obteanit be thame before the Lords of Sessioun aganis certane inhabitants of Leith of the dait at Edinburgh the ellevint day of Marche, the yeere of God j^mvj^c and threttie yeeres, whairby they declared that the chartour grantit to thair predecessours be umquhill Sir Robert Logane of Restalrig, dated the last of May 1398, and confirmatioun of the same be umquhill King James the Fourth of worthie memorie, with the confirmation past of the same in Parliament upon the      day of      1621 yeeres anent the prohibitioun of girnelling of victuall within the toun of Leith and renunciation of the same, sail be onelie proper and extendit aganis the inhabitants of Leith and sail no wayes be prejudiciall to whatsomever noblemen, barons, gentlemen and others his Majesteis lieges who brings or sends victuall to Leith to sell to girnell the same there, nor to the saids inhabitants of Leith to sett thair sellers and lofts to thame to that effect, bot that it sail be lawfull to the saids noblemen, barons, gentlemen and others his Majesteis lieges to girnell thair victuall there conforme to use and wount, with provisioun alwayes that notwithstanding this declaratioun the said chartour grantit be the said umquhile Sir Robert Logane and confirmations of the same sail stand in force and effect aganis the saids inhabitants conforme to the tennour thairof.

Whiche declaratioun upon the provisioun thairin conteanit the saids provest, bailleis, counsell and deacons of crafts ratifies and approves, and be thir presents of new declaires, That the said prohibitioun of girnelling of victuall within the said toun of Leith and renunciatioun of the same sail be onelie proper and extendit aganis the saids inhabitants of Leith, and sail no wayes be prejudiciall to whatsomever noblemen, barons, gentlemen and others his Majesteis lieges who brings or sends victuall to Leith to sell to girnell the same there, nor to the saids inhabitants of Leith to sett thair sellers and lofts to thame to that effect, bot that it sail be lawfull to the saids noblemen, gentlemen and others his Majesteis lieges to girnell thair victuall thair conforme to use and wount, with provisioun alwayes notwithstanding of this declaratioun, the said chartour grantit be the said umquhill Sir Robert Logane and confirmations of the same sail stand in force and effect aganis the saids inhabitants of Leith conforme to the tennour thairof.

Lykeas the saids provest, bailleis, counsell and deacons of crafts ar content and consents that this thair ratification and declaratioun sail be insert and registrat in the bookes of Secreit Counsell ad futuram rei memoriam. Extract furth of the register of the Acts of Counsell of the burgh of Edinburgh be me M^r Alexander Guthre, common clerk of Edinburgh, witnessing heirto this my signe and subscriptioun manuall, A. Guthre.”

“The whilk day the said Alexander Hay, for himselfe and in name of the defenders foresaids, protested that the decreit recovered be the provest and bailleis of Edinburgh aganis the saids defenders sail be no farder extendit in favours of the saids provest and bailleis bot aganis thair awne vassallis in Leith and thair awne superioriteis there; and the saids provest and bailleis protested in the contrarie in respect of thair infeftment grantit be the umquhill Laird of Restalrig as being superiour of the haill toun of Leith for the tyme.

Followes his Majesteis missive for warrand of the act abonewrittin:— Charles R. Right trustie and right weilbelovit cousine and counsellour, right trustie and weilbelovit cousines and counsellours and trustie and weilbelovit counsellours, we greit yow weill. We perceave by your letter unto us that yow have rescindit your act made aganis the decree obteanned by our burgh of Edinburgh aganis some inhabitants of Leith, except in so farre as concerneth the girnelling of victuall, and as yow have desyred by your letter, having dewlie considderit the declaratioun made to our Sessioun insert in the said decreit that notwithstanding of the said decreit, it sould be lawfull to anie nobleman, gentleman or others our subjects to girnell victuall there, except the inhabitants of Leith, and that our said burgh doe not clame anie other priviledge than by the lawes of our kingdome is allowed and warranted by former decreits,

it is our pleasure that if our said burgh sail ratifie the said declaratioun conteanned in the said decreit made in favours of our nobilitie, gentrie and others expressed in the samine before yow that yow without anie further delay annull the said act in so farre as concerneth the girnelling of victuall also, and leave the free executioun of the said decreit to our said burgh ay and whill the samine be lawfullie reduced before the judge ordinar; and for your so doing these presents sail be unto yow a sufficient warrand. So we bid yow fareweill. Frome our mannour at Greenwiche, the second day of Junij 1631.”

Supplication by Alexander Gordoun of Carnebarrow, as follows:—He came under caution in the books of Privy Council either to conform to the religion presently professed, or leave the country before 15th September last. He was fully resolved to adopt the latter alternative, but in the meantime it pleased God to visit his aged father with sickness, and “the dewties of nature and conscience” obliged him to remain in attendance upon his father until     , when it pleased God to call him to his mercy. He craves that in the circumstances their Lordships would appoint him another day, by which time he may be able to determine his line of conduct.

The Lords assign to him the term of Martinmas next, Robert Gordoun of Garloche becoming cautioner for him that by that time he will either conform to the true religion or leave the country, under the penalty of £300; as also that he will pay the sum of £500 already incurred by him to his Majesty’s Treasurer, and compone for his escheat; and, further, that meanwhile he will not reset Jesuits and priests, and will admit and hear conference and resort to church; otherwise their Lordships, on learning from the Bishop of Murrey of his disobedience, will recall this warrant, and proceed against him with all rigour and severity.

“Ordains M^r Alexander Guthrie to be warned to Thurisday anent the Burrowes report concerning the coyne.”

“The Lords continewes the report anent the coyne untill Tuisday nixt whairof M^r Alexander Guthrie wes warrand apud acta.”

The said day Mr. Robert Petrie as procurator for Isobel Simsoun, widow of Alexander Guthrie, Marchemont herald, and Walter Robertsoun, town clerk of Aberdein, produced letters raised against them at the instance of James Espline, now Marchemont herald, charging them to compear before their Lordships and produce the said Alexander’s coat of arms in their custody, so that it might be delivered up to the said James, and protested that as the said James has failed to appear, and they were ready to answer, nothing further should proceed in the case until they were cited anew and their expenses modified and paid to them. Which protest the Lords admitted.

“Anent our soverane lords letters direct makand mentioun, forsameekle as Doctour Williame Leslie and Robert Irwing, burges of Aberdein, being removed out of this kingdome for thair obstinat refuisall to conforme thameselffes to the religioun presentlie profest within the same, and they being under band not to have returned without his Majesteis licence they, upon some sinistrous informatioun, hes procured warrand and licence for thair returne; and now being returned they have never acknowledged his Majesteis Counsell nor produced and shawin thair warrands to thame, bot remaines publictlie and avowedlie in the countrie to the contempt and misregarde of the saids Lords:

And anent the charge givin to the said Doctour Leslie and Robert Irwing to have compeired personallie before the Lords of Privie Counsell this present twelfe day of Julij instant and to have brought and produced with thame thair saids warrands to have beene seene and considderit be the saids Lords and to have underlyne suche order as sould be tane thereanent, under the pane of rebellioun, etc., with certificatioun, etc., certifeing thame alsua if they compeired not the saids Lords would recall the saids licences, lykeas at mair lenth is conteanit in the saids letters, executiouns and indorsations thereof:

Quhilks being callit and Johne, Bishop of Murrey, compeirand personallie with the saids Doctour Leslie and Robert Irwing, who alledged that they had his Majesteis warrands for thair returne within this kingdome; quhilk alledgeance being heard and considderit be the saids Lords and they being therewith weill advised, the Lords of Secreit Counsell assignes to the said Robert Irwing the twentie sext of this instant for productioun of his warrand, and to Doctour Leslie, Thursday nixt for production of his warrand with the act of Counsell following thairupoun;

and ordains the Bishop of Murrey to produce that day the act of Assemblie tuicheing doctours of medicine; and allowes the said doctour to attend the Marqueis of Huntlie for ministring of physick unto him; and ordains him to carie himselfe modestlie without giving mater of offence or scandall and not to repaire in anie wayes publictlie in tyme of divine service under the pane of recalling of his warrand.”

“Anent the terme assigned to Doctour Williame Leslie and Robert Irwing for productioun before the Lords of Privie Counsell of the warrands grantit to thame for thair returne within this kingdome, as in the act made to this effect at lenth is conteanit; quhilk being callit and Johne, Bishop of Murrey, compeirand personallie, who produced and exhibite before the Lords of Privie Counsell ane act and warrand of Counsell of the dait the saxteenth day of December, 1616, conteaning ane prohibitioun and discharge to all persons of what ranke and qualitie so ever they be that nane of thame presoome nor take upon hand to professe or practise physick whill first they receave ane testimoniall of the Bishop of the diocie where they dwell of thair conformitie to the trew religioun presentlie profest and be law established within this kingdome under the pane of fyve hundreth merkes to be incurred be everie persoun contraveening thir presentis;

and the said Doctour Williame Leslie compeirand personallie, and the said Robert Irwing compeirand be M^r Robert Petrie, his procurator, who for obedience and satisfactioun of the act foresaid and terme assigned to thame for productioun of thair warrands produced and exhibite before the saids Lords thair warrands for thair returne within this kingdome, to witt,—the said Doctour Leslie produced his warrand and act of Counsell grantit to him for his returne within this kingdome and the said M^r Robert Petrie, in name of the said Robert Irwing, produced ane warrand grantit to the said Robert be the Kings Majestie for his returne within this kingdome and for his remaining therein during the space of sax moneths to order his effaires, as the said licence bearing dait at Greenewiche, the 25 day of May 1631, yeeres beiris.

Quhilks warrands being read, scene and considderit be the saids Lords and they weill advised therewith, the Lords of Secreit Counsell finds and declares that the licence grantit to the said Doctour Leslie wes onelie in favours and for the service of the Marqueis of Huntlie, and thairfoir discharges the said Doctour of all ministring of physick to anie others persons within this kingdome except to the said Marqueis of Huntlie and his familie allanerlie;

and commands the said Doctour, who wes personallie present, to carie himselfe soberlie without giving scandall or offence in maters of religioun or misbehaving himselfe towards the bishops or ministers under all highest censure that can be inflicted upon him. And the saids Lords ordains ane authentick copie of the licence grantit to the said Robert Irwing to be sent to the Bishop of Abirdein to the intent he may be advised therewith and know his Majesteis will and pleasure thereanent.

Followes the tennour of the licence:— Charles R. Whereas we have beene humbelie petitiouned in behalfe of Robert and Alexander Irwings and Thomas Meinzeis that they may have suche libertie to trade in that our kingdome as is grantit to anie stranger resorting thither and the rather that they out of ane humble and dew obedience to our lawes did abandoun our said kingdome and have settled thameselffes, wifes and famileis in Deepe in France, where they (being reduced to great povertie) can hardlie live (as we ar informed) without they be licenced to repaire to and frome that kingdome for dispatche of thair necessarie effaires in trade of merchandice,

and in some things concerning thair owne privat estaits wherewith they (in obedience to our saids lawes) could not have tyme to take order at thair departure thence; these consideratiouns joynned with that of thair losses susteanned (as we ar lykewayes informed) by thame, have moved in us our princelie compassioun so farre to give way to thair demand as may not anie wayes wrong or derogate frome the estait of the present religioun within the said kingdome. To whiche purpose we have signified our pleasure to our Counsell.

These ar thairfoir to licence the saids Robert and Alexander Irwings and Thomas Meinzeis during the space of sax moneths to order thair effaires within the said kingdome and to trade within the same frome tyme to tyme as occasioun sail require during the said space, they behaving thameselffes as aforesaid, inhibiting yow and everie of yow frome troubling or anie wayes molesting the saids persons or anie of thame at anie tyme as aforesaid or upon anie occasioun in despatching thair saids effaires as yow and everie of yow will answer us in the contrare at your perrills.

So we bid yow farewell. Givin at our mannour of Greenwiche, the 25 day of May, 1631. To all and sindrie our officers, servants and others, our subjects whatsoever, als weill ecclesiasticall as civill, of our kingdome of Scotland whome these presents doe or may concerne.”

“The whilk day the Lords of Secreit Counsell, having heard Williame Gray, baillie, and M^r Alexander Guthrie, toun clerk of Edinburgh, and the generall and officiars of the Cunziehous upon the propositioun made to his Majestie for reforming the abuse of forrane coyne, the saids Lords ordains the toun of Edinburgh and the officiars of the Cunziehous to consider advisedlie upon the said propositioun and of the good and evill thairof, and to report thair judgement and opinioun concerning the same to the saids Lords upon the twentie nynt day of November instant, unto the quhilk day the saids Lords continewes this mater.”

“The whilk day Williame Gray, baillie, and M^r Alexander Guthrie, toun clerk of Edinburgh, compeirand in name of the magistrats of the said burgh before the Lords of Privie Counsell, they propouned certane reasouns by word whairfoir they could not upon so short advertisement ansuer the propositioun sent doun be his Majestie for remeiding the abuse of the course of dollers. In respect whairof the Lords assignes to the toun of Edinburgh the tent day of Januarie nixt to give in thair peremptorie ansuers to the said overtour; and siclyk assignes to the officiars of his Majesteis Cunziehous that same dyet for giving in thair ansuers to the said propositioun.”

3rd February. 23. Supplication by Dame Elisabeth Gordoun, Lady Frendraught, as follows:—

“Margaret Wode after muche varying, contradicting and menswearing of hir selff anent the treuth of the whole pointis quhairupon sho wes examined, in end in hir accustomed leeing humour sho hes layed the burdyne and blame of hir seducement and brybing upoun me and otheris, and hes ratified hir depositioun thairanent in hir sufferance of the tortour. And quhairas God is my witnes and my conscience beareth me record of my innocencye of all that quhairwith sho hes charged me, and that I never delt with hir to depone falslie or gave hir goode deid for that effect, yitt in regaird of the prejudice whiche hir depositioun may work againe me in the opinioun of these who ar not acquented with the humour of the woman,”

she craves that their Lordships will appoint some of the ministry to deal with the said Margaret Wode, adding, “And I doubt not bot God in the power of his Spirite and by the ministerye of his servandis will work hir hart to a confessioun of the treuth and hairtie resipiscence for hir malicious lee.”

[On the back] “Apud Halyrudhouse tertio Februarij, 1631. The Lordis nominatis and appointis the Lord Previe Seale, Wyntoun, Linlithgow, Seafort, Galloway, Lauderdaill, Melvill, Bishop of Dumblane, the Bishop of Murray, Advocat and Justice Clerk or ony four or fyve of thome togither with M^r Andro Ramsay, M^r William Strutheris and M^r Harye Rolloke, to confer and deale both with the Lady Frendraught and Margaret Wode for drawing of thame to a confessioun of the treuth; and that they meete the morne in the laugh counsal house of Edinburgh at nyne of the cloke in the morning.”

(Signed) “Geo. Cancell’., Monteith, Morray, J. Erskyne, Traquaire, Arch. Acheson.”

207. Supplication by John Gordoun of Innermarkie, tutor of James Gordoun, now of Rothiemay, as follows:—

Their Lordships have decided that he is the legal tutor of the said James Gordoun and that he is to have the administration of him and his estate during his minority, but in respect of his distressed estate, he having nothing at present to maintain himself upon, Catharine Forbes, Lady of Rothiemay, his mother, offered to maintain him freely upon the large jointure which she has out of his living until he gets means of his own, provided she had the upbringing of him.

This their Lordships refused and ordered him to be educated at the schools in Aberdein by the advice of the Bishop of Aberdein, and that a pedagogue should be chosen for him by the Bishop of Murray, and he is informed that their Lordships have further decided that the said Lady Rothiemay is to have repayment of her charges for maintenance of the said James when he comes to means of his own.

Now this is contrary to her first offer and is no benefit at all. The supplicant as his lawful tutor is quite willing to do the same and has the right thereto, and unless his mother stands by her first offer she ought to have nothing to do with his maintenance.

As it is she and her friends have chosen the child’s pedagogue without reference to the Bishop of Murray; and as to his being brought up in Aberdein, the foresaid two bishops can testify to their Lordships that he may be brought up better where he was and upon half of the expense.

He therefore craves (1) that the said Catharine be ordained to maintain her son freely without repayment or else have no meddling therewith; (2) that he have the choice of his pedagogue by the advice of the said two bishops; and (3) that the said bairn be brought up at the schools where these bishops judge he may most conveniently and profitably be educated.

[On the back] “Apud Halyrudhouse, secundo Augusti, 1631. Ordanis the pairtyis to be warnit. Hadinton.”