1638.—July 3.
51. Speech by Commissioner to Court of Session.[76]
My Lordes,
I was varranted from his Maiestie to recall the Session againe to Edinbrughe; the cheiffe thing that moued him therto, was the sense of the maney incommodities wich his subiects in generall, and the Iudges in particular, did susteine by the remoueing of it; that his sacred Maiestie and Master had requyred him to desyre and command the Iudges to grant all reasonable dispatche to Maiesties subiects in the administratione of iustice, that so sometyme wich was lost, might be regained. Lykwayes, my Lordes, I must requyre you to be werey cairfull and circumspecte, that in thesse troubelsome tymes, no order nor decree may passe from you, wich may be præiudiciall to his Maiesties croune or seruice.
1638.—July 5.
52. Act anent the High Commission.[77]
At Halyrood-house, 5 July 1638.
The Lord Commissioner and Lords of Secret Councell having upon the 4 July instant, published his Majesties Declaration anent the seruice Book, Book of Canons, and High Commission: and being informed that His Majestes Declaration is not so clearly understood as is necessary for removing all scrouples which may arise to any of his Majestyes good subjects anent his Majesties declaration foresaid, declares that it is his Majesties gracious pleasure, likeas his Maᵗⁱᵉˢ Commissioner foresaid, and Lords of Secret Councel, abrogat and dischargis the said Service Book and Book of Canons, and inhibits all use and practice thereof, by whatsoever person or persons, of whatsoever quality, ecclesiastical or civil, within this Kingdom, anent the act of Councel made in the month of __________ 1636, and another made in the month __________ 1637, with the warrants whereupon the same proceeds, and proclamations following thereupon, anent the premises, or any part thereof, with all other warrants and proclamations made thereanent; and declares the same to be now and, in all time coming, null. And as far the High Commission, the Lord Commissioner and Lords of Secret Councel finds themselues warranted to discharge; likeas, by these presents, they do discharge all the practice and exercise whatsomever of the high commission past heretofore: and declares all his Majestie’s Lieges of whatsomever quality, free of all compearance before the Judges of the said high commission, and discharges the saids Judges of all proceeding agᵗ His Maᵗⁱᵉˢ subjects, by virtue thereof in time coming, till his Majesty so rectify the same as nothing therein shall impugn the Laws of this Kingdom, nor be a just grievance to his Majesty’s good subjects; and ordains proclamation to be made hereof at the Mercat Cross of Edinburgh, and other places needful, wherethro’ none pretend ignorance of the same.
1638.—July 13.
53. Letter from Lord Rothes to Patrick Leslie, Aberdeen.[78]
Loving Cousin,
Because your town of Aberdeen is now the only Burgh in Scotland that hath not subscribed the Confession of Faith [Covenant,] and all the good they can obtain thereby is, that if we sail fairly, as there are very good conditions offered, they shall be under perpetual ignominy, and the Doctors that are unsound, punished by the Assembly; and if things go to extremity, because they refuse, and, in hopes of the Marquis Huntly’s help, the King will, perhaps, send in some ship or ships, and men there, as a sure place, and if that be good for the country, judge ye of it. It is but a fighting against the high God to resist this cause, and it is so far advanced already, that, on my honour, we could obtain with consent, 1. Bishops limited by all the strait caveats. 2. To be yearly censurable by Assemblies. 3. Articles of Perth discharged. 4. Entry of Ministers free. 5. Bishops and Doctors censured for bygone usurpation, either in teaching false doctrine, or oppressing their brethren. But God hath a great work to do here, as will be shortly seen, and men be judged by what is past. Do ye all the good ye can in that town, and in the country about—ye will not repent it—and attend my Lord Montrose, who is a noble and true-hearted cavalier. I remit to my brother, Arthur, to tell you how reasonable the Marquis Huntly was, being here away: he was but slighted by the Commissioner, and not of his privy Council. No further. I am your friend and cousin,