THE

HE present PART of this Work will, it is hoped, prove more generally attractive, being of more diversified interest, than any of the preceding portions; and the Editor believes he does not promise too much, when he adds, that the subsequent Parts must equally surpass the present, as well in point of curiosity as in historical importance.

After the accession of King James VI to the English throne, the Judicial proceedings in Scotland were necessarily conducted with greater minuteness, and were recorded with stricter accuracy, than formerly; for the various public functionaries, in every department, were liable to be frequently called upon for full reports of individual Cases; either to gratify his Majesty's craving for whatever was new and curious, or to enable him to judge of the expediency of pardoning or condemning the unhappy persons whose fate must needs be sealed by the unenviable exercise of his royal prerogative. To this circumstance, then, it may perhaps be attributed, that the Records of the Supreme Criminal Tribunal of Scotland, begin to be kept with greater clearness, and their authority and value to be proportionally enhanced.

In Cases of peculiar importance, the Editor has always been anxious to afford all the elucidation within the limited range of his reading and observation, by laying before the reader such illustrations as appeared to him necessary to the better understanding of those Trials; and especially, to put the reader in possession of ORIGINAL and contemporaneous PAPERS, which generally afford the clearest and best explanation of the many remarkable events which so frequently occur in the course of this Work. He trusts that many of the Documents now for the first time presented to the public, from sources not generally accessible, may be deemed worthy the attention of the lover of History.

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It is much to be regretted, that the tragical story of the Murder of SIR THOMAS KENNEDY of Culzean, knight, Tutor of Cassillis, &c. by the MURES OF AUCHINDRANE, which is now rendered imperishable by the pen of the greatest living writer, could not be inserted in the present Part, owing to the chronological arrangement of the book. The Editor did not, in the meantime, consider himself at liberty to publish that most extraordinary Trial as a separate volume; but, having his materials for PART VI in considerable forwardness, he is ready to publish that Fasciculus at a much earlier date than previously notified, should such be the desire of the public.

The present Series of Trials, during the reign of King James VI, will be completed in four additional Parts, making in all nine Parts, or three large Volumes. Owing to the difficulty of collecting the requisite materials, the publication of the leading trials which occurred in the reigns of King James IV, King James V, and Queen Mary, shall be deferred till after Part VIII is circulated. Should the Editor's health, and his professional engagements, then permit, a new Series of Trials, modelled into the shape of Reports, and in a more modern form than the present, will be commenced. The lengthened pleadings, &c. during, and subsequent to, the reign of Charles I, entirely preclude the idea of continuing the work in the original form; which, however useful and interesting such a mode of editing a book of this class may prove, during the earlier period of the history and practice of our Criminal Tribunals, would be cumbrous and useless at a more recent date, when there could be no excuse for continuing the obsolete, and now almost forgotten style of these pleadings, which could yield no pleasure, and but little additional information, to the general reader.

GENERAL REGISTER HOUSE,

12th April, 1830.

deliverance, and of GOWRIE's and his brotheris vile and bloody Confpiracie, intended to pe taking Jan. 1602. away of his Mas life; as is particularly fett down in the printed book and Acts theranent, or not? As his doubting of that turne hes been the principall cause of the doubt of many, and of his H. flander in that point, if he be willing to utter in pulpit, in fuch places as fall be appointed, his refolution therin, according to the forme of the faid Articles, as clearly, as any his Ma' good fubjects have done; craving pardon, and excuseing his long incredulity, and the flander aryfing therupon; and wishing the people that anywife doubted pairof, as they were ever ready to conceive doubts upon unjust grounds, only moved by his example, foe now to be contented, be his means, rightly to be refolved thairof.1 (Sic fubfcribitur)

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JAMES R.

(9.) THE SECOND CONFERENCE of MR ROBERT BRUCE with THE KING. In the beginning of Aprile, the Erle of Marr directed a Letter to Mr Robert Bruce, at the King's direction, to come to Brechin, with diligence. Immediatly before the receipt of the Letter, he was exercised in prayer, with fhedding of tears. When he come to Brechin, as foon as the King faw him, he raife, and come forward to the place where he ftood; and looked, as appeared to Mr Robert, very lovingly. He caufed void the house, none remaining but the King and Mr Robert. The King afked, If he was refolved?' He answered, Yes.' He asked next, What moved him ?' Mr Robert anfwered, Sundrie things, namely, my Lord of Marr his deep fwearing; for I thought (faid he) that a Christian, of bis quality, could not forfwear himselfe, for all the gear in the world!' 'How could he fwear?' faid the King; he nather faw nor heard!' I cannot tell that, Sir,' said Mr Robert, but indeed he fwore very deeply.' The King, understanding what was the forme of the oath, which he repeated to him: What was the cause, then,' said the King, 'yee would not trust me?'‹ Sir,' faid Mr Robert, Your Ma. took noe paines to informe.' 'I fent,' faid the King, Sir Thomas Areskine to yow.' As for Sir Thomas Areskine,' said Mr Robert, I trusted him in a part; but thair were other things that I thought hard.'What was that?' faid the King. That part which concerned the MASTER OF GOWRIE and your Ma.' faid Mr Robert. Doubt yee of that?' said the King. Then yee could not but compt me a murtherer !' 'It followeth not, if it please you, Sir,' faid Mr Robert; ffor yee might have fome fecreitt caufe." The King deduced the whole Tragedie, from the beginning. Mr Robert uttered his doubt, where he found occafion. The King heard him gentlie, and with a conftant countenance; which Mr Robert admired. At laft, the King urgeth him to preach the Articles which were fent to him. Mr Robert answered, he had given his answer already to thefe Articles; and had offered to the Ambassadors that which all men thought fatisfaction, yea more than preaching.' What is that?' said the King. That I will fubfcrive my resolution,' faid Mr Robert. Truft you it ?' faid the King. Yes, Sir,' faid Mr Robert. If ye truft it, why may yee not preach it?' faid the King. I fall tell yow, Sir,' faid Mr Robert; I give it but a doubtsome trust; for I learn this out of Bernard," in doubtfome things, to give undoubted truft, is temeritie; and in undoubted things, to give a doubtsome truft, is infirmity!" But this is undoubted,' faid the King. Then bear with my infirmity!' faid Mr Robert. But yee fay it is more than preaching ?' faid the King. Sir, I ought to preach nothing but the word of God,' faid Mr Robert. Obedience to Princes, suppose they were wicked, is the word of God,' faid the King. I durft lay a waiger, ther is noe expreffe word of King James the Sexth, in the Scripture.' Yes,' faid Mr Robert, if thair be a King there, there is word for yow alfo.' The whole Kirk has done it already,' faid the King; yee ' must not be fingular!' Sindrie have not done it,' said Mr Robert. Shew me one!' faid the King.

1 The Answers are general and evasive; and as the substance is contained in the following most remarkable CONFERENCE With the King, at Brechin, it seems only necessary to refer the curious to Calderwood's Church History, MS. Vol. V. p. 598, &c. * The Chamber. A common mode of expression at this time. Occasion, necessity. * Lat. admirare, marvelled; or wondered at.

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VOL. II.

2 Q

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Apr. 1602. Your Ma. must bear with me,' faid Mr Robert; ' for it were against the rule of Charitie to harme my brethren.' He defyred the King to conveen the Ministrie, to see what they would injoyne him to doe. That needeth not,' faid the King; none darr or will refufe but yee; and therefore yee are the fole and only ground of my flander.' Mr Robert, to clear him of this imputation, said, I have offered to fubfcrive my Refolution, in what language your Ma. pleaseth; which none have done but I' Where is your Refolution?' faid the King. I fent it in write to your Ma.,' faid Mr Robert. That which yee fent was too generall,' faid the King; but what fault find yee in my Articles ?' I cannot remember all; but one thing I remember,' faid Mr Robert, yee would have me to refolve according to your book; and who can doe that?' There is never a false word in that book,' faid the King. 'Yes, Sir, there are findrie.' 'Weill then,' faid the King,' wee fall putt out that claus out of the Articles. What other fault find yee?' I cannot remember now,' faid Mr Robert. 'Have yee not the Articles?' faid the King. I gave them to Sir Patrick Murray,' faid Mr Robert. I am fure,' faid the King,' yee have keeped the Copie.' Mr Robert, perceiveing the King's drift, to urge him farther, thought it not expedient to produce the copie. Weill,' faid the King, ftay heer till Sir Patrick Murrey come.' Yet, after fupper, Mr Robert gott licence to returne home, till the next advertisment.

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Sundrie other things past between the King and him, in conference; as namelie, Mr Robert defyred, that he and others of the Miniftrie be not urged to hurt thair confciences; and that his Ma. would not think, that honeft men would fell their foules; howbeit their bodies and geir fall be at his command.' • I understand not what ye mean,' faid the King, be felling of your foules; but I fall gar the beft of you fay and gainefay !' That may be, Sir,' faid Mr Robert, and that yitt they fay not Yee fall not find the like in me,' faid the King; my faying fall be alwife one.'

againft confcience.'

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It fetteth not to compare with your Ma.,' faid Mr Robert.-He prayed in heart, all the time, thusO Lord! keep my heart unto thee! and fave me frome the danger that this traitourous and falfe heart is like to caft me unto !'

(10.) THE THIRD Conference of MR ROBERT BRUCE with THE KING. MR ROBERT BRUCE, after his Conference with the King at Brechine, was confined in the parioch where he had his dwelling place, and fuffered to preach noe where ells. He received a Letter from the King, to come to him, to Perth, the 24 of June. When he come and entered in the King's chamber, no other was suffered to enter but Sir Patrick Murrey. The King asked, Where the Articles were?' Mr Robert answered, that he had redelivered them to Sir Patrick Murrey. Sir Patrick produced them. After they were read, the King afked, If he was willing to preach according to these Articles?' Not, Sir,' faid Mr Robert, if it pleafe you? Why?' fayis the King. Becaufe my preaching is the mater of my Inftructiones and Commiffion: No Prince hath the pouer to give inftructions to another Princes Ambaffader. I am the fone of God's Ambaffader and preacher!' But,' faid Mr David Lindsey,''yee offered to preach to that effect, before yee went out of the country.' Wherupon, Sir Patrick produced Mr Robert's Letter; which was read, in the audience of the King and Commiffioneris. Weill,' fayes Mr Robert, yee refufed this offer, foe am I not bound to it.' Will yee goe from the thing yee have offered?' fay they. Weill,' fayeth Mr Robert, will this Letter fatisfie yow? Sall I be noe farther urged, in cafe we condefcend to this Letter?' Nay,' quoth the King,yee may fay all this and not be refolved! Say truely, was yee refolved at that tyme or no?' Not indeid,' faid Mr Robert. How fay yee then, that yee will give thanks for my deliverance, that day?' faid the King. Yes, Sir,' faid Mr Robert, I have caufe to give thanks for your prefervatione, fuppofe yee had caft your felf in danger.' I told yow that,' quoth the King; 'yee fee what he meant.

1 He was Minister of Leith, and preached the Oration before the King the day of his landing after the Conspiracy.

-Are yee now refolved?' 'Yes, Sir,' faid he. That's but the duety of a subject, when yee have Jun. 1602. done,' faid the King. Are yee refolved to preach?' I am difcharged to preach the pleasures of men,' faid Mr Robert: 'Place me where God placed me,1 and I fall teach fruitful doctrine, as God fall give me grace: But we have not that custome to be injoyned to preach; nor I darr not promise to keep that injunction. It lyeth not in my hand to make a promife; I know not certainly what God will fuffer me to fpeak; I may ftand dumb. Therefore, Sir, leave me frie; and when I fall find my felf to be moved, be God's fpirite, and to have the warrant of his word, I fall not fail to doe it.' That is plaine Annabaptistry! That is a caball and tradition,' faid the King: Yee fall preach as the rest have done, or ells I cannot be fatisfied. Yee fall goe!' 'I pray your Ma.,' faid Mr R.' sett down your difjunctive, and the one, God willing, fall be as welcome to me as the other. I have racked cer. tainly a peace of my heart, to please your Ma.; now feeing your Ma. cannot be satisfied, except I make shipwrack of all, lett me goe, in God's name. Suppose I have fome commodities, as other mean gentlemen have, in your Mas countrie, yett, Sir, I never defyred to have seen your Mas face, or your countrie aither, except I had been certainly informed that your Ma. was satisfied!' What warrant had yee? Who informed yow foe?' faid the King. If it pleafe yow, Sir,' faid Mr Robert, I had first a warrant from the mouth of both your ambaffaders, who affured me their fatisfaction fould be yours.' I truft,' fayeth the King, they will not fay, fuppofe of all this new kindneffe that is knitt up betwixt yow.' Surelie, Sir,' faid Mr Robert,' I am perfwaded they will fay it, and heer is a brother, (meaning Mr Patrick Simfone,) that hes heard my Lord of Marr fay as much. Befide this, if it please yow, Sir, I have your Mas own warrant, be Letter.' What!' fayeth the King, my Letter ?' 'Your Ma' Letter,' fayeth Mr Robert, willeth me to fend in my refolution, in write; and therupon, promised to be satisfied. And foe I did; and therefore, I ought not to be urged any farther.' My Letter beareth noe fuch thing,' fayeth the King. If it bear not, Sir, it fall turn to my own paines,' faid Mr Robert. I have it befide me.' The King went in to his Cabinet, and walked up and down a reasonable space. In the mean tyme, the Commiffioners dealt with Mr Robert, almost each one after another. He would have glaidly gone out of the house, but the door was locked; foe he behoved to ftand, till the King come out of the Cabinet. At laft, the King cometh out. The Commiffioners fay to him, Sir, feeing it is foe, that Mr Robert alledgeth fuch promifes, yee fall leave the preaching free to his own will: But let us come to his fubfcription in the rowme therof.'' Are yee content,' fayes Mr David and the reft, to fubfcribe the King's innocencie and their guiltineffe?' Not in these terms,' answered Mr Robert. The King urgeth him the more earnestly, and fayeth, ‘I will not only have yow cleering mee, but my whole company.' As for your Ma' company,' fayes Mr Robert, they have no need of my cleering; nather will they feek it. I am bound to your Ma., and I will doe all that lyeth in my poffibility.' Then yee muft fubfcribe my innocencie,' faid the King. Your own confcience, Sir, can doe that beft,' faid Mr Robert. It is very hard for me to do it !' 'Why is it hard?' faid the King. Laith' was Mr Robert to answer, leaft he fould irritat him; but he infifted. Then faid Mr R. Your Ma. will not be offended if I fpeak freelie?' Not,' faid the King. I was reading,' faid Mr Robert, upon Ammandus Polanus, touching the flauchter of the Magicians, when the King of Babell commanded to flay. Amandus difputeth the question, whether the King of Babell did weill or not? First, he sayeth, animi gratia, it would appear that he did weill; for he had the plaine law of God for him, in manie places: Yett he concluds against the King, that he did not weill; ffor, howfoever he had the Law, yett he looked not to the Law nor had regaird to God nor his glory: Therfore fayeth he, howfoever the Magiftrat hath the fword and may most justly execute, yett if he have nothing but his own particular3 before his eyes, God nor his glory, he is a Murtherer!-Now, Sir, I pray, what can I or any man fay, what your Ma. had before your eyes? Or what particular yee had?' It is true,' fayeth the King, and therfore I will give yow leave to Restore me to my pulpit. Loth, unwilling, 3 Quarrel, offence, or cause.