[Historical Works Contents – Original]
As 10 Regni Regis Carolj, et Sal: 1634.
In the mounth of Junij, 1634, Johne Elphinstone, Lord Balmerinoche, then a prissoner in Edinbrughe castle, quher he had beine imprissoned by his Maiesties command, (by the ouer-reuling pouer of the bischopes, and ther wicked and corrupte courte adherents) indicted befor the Justice Generall, commissiont for that tyme and purpois, William, Earle of Erole, Lord Constable of Scotland, to wndelay the law criminally, for the alleged being airt and pairt (as our lawyers speekes,) of ane infamous lybell (as they named it,) against the present gouerniment and corruptions off stait, penned by one Mr William Haige, a brother of Haige of Bimersydes, in the Mersse.
The Lord Balmerinoche, being brought to his anssuer, did humblie petitione, that since he was accused by his Maiesties Aduocat, Sir Thomas Hope, and the bischopes, for a bussines that might concerne his lyffe, honor and estaite, that ther Lordschipes of the counsell wold grante him aduocatts to plead his causse. The Lordes of his Maiesties priuey counsaill considering his demand being so æquitable, appoynted him for aduocattes,
Mr Roger Mowat,
Mr Alexander Peirsone,
Mr Robert Mackgill,
Mr Johne Nisbett.
From Junij, the business was continewed wntil the mounthe of Julij following; and then for diversse dayes it was eagerly dispute, during wich tyme the Lord Balmerinoche, as if he had beine some notorious malefactor, was conwayed daylie by a gaurd from the castle to the tolbuith of Edinbrughe; and after the courte raisse, with the same guard returned ther againe.
Then by a warrant from the court, wiche the bischopes had purchesed, finding him lykly to eschape ther hands, and wntil they had layed surer trapes for him, the bussiness was delayed wntill the tenth of Nouember following, at wich tyme, it being dispute for 12 days, ther came a warrant from the courte to ioyne four assistants to the Justice Generall, wich wer men suorne to the bischopes, and fauorers of the corruptions of the tyme, viz.
Sr Robert Spotswood, President of the Colledge of Justice, 2d sone to Archbischope Spotswood;
Sr John Hay, Clercke Register;
Sr James Lermont of Balcomie, one of the Senators of the Colledge of Justice; and
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Last, after much dispute and heate at home, and tampring betuix the saides bischopes, iudges and courte, they fand the criminall lybell persewed by his Maiesties Aduocat aganist Johne, Lord Balmerinoche, releuant in 3 poynts.
1. In keeping and conceilling the said lybell, contrair the actes of parliament and lawes of the land, and not reweilling the same.
2. In not apprehending off the lybeller, being in his power, bot furdering his escape.
3. In being airte and pairt of the said lybell, as euidently appeired by a copey of the same, interlynned with the said Lordes hand.
The iudges fand him guilty of the saides 3 poyntes, and adiudged him to passe to ane assise; wich assyse, in the mounth of Marche therafter, did condeme him by one onlie woyce, the Earle of Traquars, quho durst not woyce otherwayes, (being bot a small frind to the bischopes) least he should offend them and courte. The sentence pronouncing aganist him was delayed, sore aganist the bischopes will, (quho raged lyke a tempestuous sea) therat, wntill his Maiestie should be adwertissed how the bussines was carried; quho, seing the processe, and heiringe from indifferent men how the bussines went, said he wold neuer take aney mans lyffe, much lesse a noblemans, quho had seimingly lost it by one woyce onlie: so, by the mediatione of Traquare, and some frindes, he shortly therafter receaned his pardone, and was enlarged, to the bischopes grate displeasure and discontent. The first publisher of this lybell ore paper, wich made so great a sture, was one Mr John Dinmure, a comon scriuener in Dundie, quho being wssed by the Lord Balmerinoche with a grate deall of familiarity, had so much crydit of him, to looke to aney bookes in my Lordes studey, fand this scribled paper, wich in his judgement he esteimed off no suche concernment, bot (as he thought) a declaratione of his Maiesty and bischopes carriage at the parliament, 1633; after his returne home, shew the same to Mr Peiter Hay of Naughtone, a suorne seruant to the hierarchie, and one quho much malinged the said Lord; borowed the paper from the said Dinmure, (as he professed only to copey it) being a paper conteining (as he said) nothing but treuthe, and being so weill wrettin; bot he, contrarie to his faith and promisse giuen to Dinmure, furthwith caried the said paper to Archbischope Spotswood, quho imediatly sent ane expresse with it to the courte, exaggeratting to his Maiesty, that if he suffred suche ane affront and indignity, he might not only become ridicoulous to his subiects, bot his gouerniment wold assuredly be vilipendit. Hes Maiesty thus being irritat, (by a wicked bischope) directes a warrant to the Lordes of his priuey counsaill, to call befor them the said Lord, and to committ him to prissone. Haige, the pener therof, escaping to Holland in the meane tyme, left my Lord to abyde the storme, quho read it out as ze haue hard.
In the beginng of Aguste, this zeire, a warrant was procured from the King, by the Earle of Traquaire, quho had laitly fallin oute with the Lord Chanceler, for procuring the marriage of one Inglis, with a good portione, to one Butter, a nephew of his; wich morsell Traquair had formerlie in his conceit deuored for a cousin of his auen, with quhome he was to haue dewydit the pray; so finding himselue outreached, he raisses all the furies of the courte aganist the Chanceler, and procures a warrant to some priuey counsellers for heiring the Lord Chancelers comptes of his collectorey of the taxationes granted to his Maiesty in the generall conwentione of the estaits, in Ao 1630. Bot Traquaire failled in his malice, and in persuading himselue to ruine the Lord Chanelers crydit at courte by this affront; for he cleired his honestie and integritie to his Maiesty and all honest men; and onlie shew his auen basse ingratitude towardes him, quho first of all men brought him to haue the Kinges fauor and respecte.
The spring, this zeire, was cold and dray; no raine for sewin weekes, wich in maney places hindred the halffe of the seed springing.
The somer, this zeire, was werey hote and plesant.
The haruest resonbley good.
The winter, the most tempestuous and stormey that was seine in Scotland thesse 60 zeires past, with such aboundance of snow, and so rigide a frost, that the snow lay in the plaines from the 9 of December, 1634, to the 9 of Marche, 1635, almost three els heigh in maney places. Many bestiall, both wylde and teame, deyed, ouerthrowen with the snow; the flockes of sheepe in the low landes, and the goattes in the montans, went al in effecte to destructione.
Sr Archbald Achesone of Glencairney, Knight and Barronett, Secretarey for the kingdome of Scotland, one of the Senators of the Colledge of Iustice, and a priuey counseller to K. Charles the first, departed this lyffe in Irland, at his auen housse of Glencairney, 9 Septembris, 1634, and was ther interrid.
George Hay, Earle of Kinnoule, Viscount Dupleine, &c. Lord Chanceler of Scotland, departed this lyffe of ane apoplexy, after he had laying speachles 14 dayes at London, the 16 day of December this zeire, 1634. His corpes wer enbalmed and brought to Perth, wher he was solemley layed in a fair monument bulte by himselue, the 19 of Aguste in the follouing zeire, 1635.
As 11 Regni Regis Carolj, et Sal: 1635.
Mr Johne Spotswood, Archbischope of St. Andrewes, in Januarij this zeir, 1635, was create Lord Chanceler of Scotland, and as Chanceler in Counsell and Session, the 16 day of this mounthe, hauing in counsell receaued the badges of his office, the grate seall, measse, &c.
Saterday the 21 of Februarij, this zeire, ther hapned a totall ecclipes of the moone, wich lasted from 5 till past 8 at night, after wich followed a grate mortality of all sortes of people, especially of young children, amongest quhom the small poxe raged for sex or seuin mounthes.
Ladey Marey Erskyne, 4 daughter to Johne, Earle of Mar, Lord Thesaurer of Scotland, and wyffe to Thomas, Lord Binninge, eldest sone to Thomas, Earle of Hadingtone, Lord Priuey Seall, departed this lyffe at Edinbrugh, 5 Februarij, this zeire, and was interred at Tininghame, the fourt of Marche, 1635.
William Keth, Earle Marishall of Scotland, departed this lyffe at his castle of Dunnotyre, 28 of October, 1635, aboute the 50 zeire of his age; and was solemley interrid amongest his antecessers in the church ther, the 26 of December, this same zeire.
Johne Erskyne, Earle of Mar, Lord Thesaurer of Scotland, and Knight of the order of the Garter, departed this lyffe in his auen housse in the toune of Streueling, one Saterday, aboute tuo in the morninge, the 14 of December, 1634; and wes solemley interred amongest his antecesters at Alloway, one Tuesday, the 7 of Apryle this zeire, 1635.
Roberte, Lord Malweill, the 2d that did beare that tytill, departed this lyffe at Edinbrughe, one Monday the 9 of Marche, this zeire; and wes interred at Monemaill churche, without aney funerall ceremoney, on Vedinsday the 15 of Apryle, 1635.
As 12 Regni Regis Carolj, et Sal: 1636.
The 18 of October this zeire, 1636, the King wrotte to Archbischope Spotswood, Lord Chanceler, from the courte at Newuarke, as also to the Lordes of his priuey counsaill, to establishe the practisse of the seruice booke in this kingdome.
Right Reuerend Father in God, &c. quher as, since our entrie to the croune, especially since our laite being in that kingdome, wee haue diuersse tymes recommendit to the archbischopes and bischopes ther, the publishing of ane publicke forme of seruice in the worschipe of God, quhilke wee wold haue vniformally obserued therin, and the same being now condescendit wpone, that wee doubte not bot all our subiects, both clergie and others, will receaue the samen with suche reuerence as aperteinethe; zet thinking it necessarey to make oure pleassure knowen tuoching the authorisinge the booke therof, we requyre you to command, by opin proclamatione, all our subiectes, both ecclesiasticall and ciuill, to conforme themselues in the practisse therof, it being the onlie forme of worschipe quhilk wee, hauing takin the counsaill of our cleargie, thinke fitt to be wssed in Gods publicke worschipe ther. As also, we requyre you to inioyne all archbischopes, bischopes and wthers, presbiters and churchemen, to take caire the samen be deulie obserued, and the contraweiners condinglie censured and punished, and to giue order that eurey paroche procure to themselues, within suche ane space as you shall be pleassed to appoynt, tuo at the least of the saides bookes of comon prayer for the wsse of the said paroche, quherin ze will doe ws most acceptable seruice; and for the quhilk thesse presents shall be your warrant. Wee bid you fairweell, from our courte at Newuarke, 18 Octobris, 1636.
After the resait of wich letter, the Lordes of priuey counsaile, by ther acte of the 20 of December, this zeire, at Edinbrughe, did establishe the said seruice booke, and ordaind letters to be directe for chargeing all his Maties subiects, both ecclesiasticall and ciuill, by oppin proclamatione at the mercat crosses of all the head broughes with this kingdome, to conforme themselues to the said publick forme of worschipe, and prowyde themselues of tuo coppies of the said booke of comon prayer, for eurey paroche within the kingdome, at least.
The 29 of Marche, this zeire, deyed Dame Sara Maxswoll, Viscountesse of Airdes, sister to Johne, Lord Harreis, and was solemly interred in the abbey churche of Holyrudhousse. This Ladey was thrysse married; first to Sr Johne Iohnstone of the same, and by him had issew lames, now Earle of Hartefell, Lord Iohnstone, and tua daughters; and after his death, shoe married to her 2d husband, Johne, first Earle of Vigtone, and by him had issew one onlie daughter; and after his deathe, shoe married to her 3d husband, Heugh Montgomerey, Lord Viscount of Airdes, in the kingdome of Irland, and by him had no issew.
Vedinsday, the 26 of October, this zeire, deyed Alexander Forbesse, first Lord of Pitsligo, at his housse of Pitsligo, and wes interred at the churche ther; he maried Marey, 2d daughter to William, Earle of Marishall, and had issew.
Villiam Hay, Earle of Erole, Lord Grate Constable of Scotland, departed this lyffe at Erole, the 7 day of December, this zeire, and was priuatly interred without aney funerall ceremoney, in Erole churche, one Saterday the 18 of the same mounthe. He maried Ladey Anna Lyone, only daughter to Patrick, first Earle of Kingorne, Lord Glamis, and by her had issew, Gilbert, now Earle of Erole, and a daughter, Ladey Margarett Hay, first maried to Henrey, Lord Ker, eldest sone to Robert, first Earle of Roxbrughe, and ha issew 3 daughters: and after his deathe, shoe was married to Johne, Earle of Cassiles, and hes issew.