David Laing John Nicoll.

A diary of public transactions and other occurrences: chiefly in Scotland ... online

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grity and honesty, kept sober and honest servants in his family, walked christianly in his i^
pard, and seemed a lover of those ^hat feared the Lord ; who, so soon as his Master was lift
up to a Throne, obtained his sentence of excommunication taken off by the Presbyterians,
shewed himself lealous in propping this tottering Throne, choosed the most eminent and
notorious malignants for his intimate companions, looking upon honest christians (if not a^
great as good) with a supercilious eye ; who kept the places of Privy Councellour and Judge
in causes civil and criminal, having been equally bred in the knowledge of all ; beside about
800 pound per annum out of my Lord Lauderdail's estate, under the name of 400, albeit
many of his creditors be like to perish for want of bfead ; who has been active and instrumen-
tal in patting known malignants in phices of trust; who scandalously feasted an Eng^ lady
in his boQse for several dates, then pemmm fidei, and since justly deserted by her husband^
when hk own was at London ; who with his stately lady swaggered with the best of the
Court in gallant i^parel and powdred periwigs while it lasted, but now, amongst the first of
reformers, hath thrown off his false head, gotten shoes cut round over in the foreparts, and
speaks nothing but shibboleth, to the great satisfaction of all the off-spring of James, turning
not only Ronnd-head but Bound-Scot Qui nescit diseimulare, nescU regnare.

<•> " Thi Laib* Of SwiNTOtTH." MS. Note.—*' This seemes to be aganes my Lord Swyn-=
toun." — ^NicotL.

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240 NICOLL'S DIARY May 1659-

VI. Whether Three petty geotlemen of mean estates^ and meaner wits, taking npon Ihem
without commission or warrant to act in name of the nation of Scotland^ are to be accounted
medlars or fools.

VII. Whetlier He^^^ be not an accomplished individual to make up the number^ who^ having
attained to the degree of a Colonel^ rather through penury of valiants^ than his own worth ;
albeit in anno 1648^ he shewed himself zealous against the English in Duke Hamilton's en-
;;agement, is now so desirous to spend himself in thair highest services^ that to render himself
capable of some eminent place^ without fear of the haaard of sesse^ he values himsdf at a
great land-estate^ which in truth stands aU upon invisible stones^ in the Oudemian-street of
Eutopia, except a redeemable wood-set of a part of the Barony of Gkirvock, under reduction
by Sir John Scot^ which was honourably purchased by the law of the sword^ and pillaging the
people in annis 1646 and 1647^ when he was Deputy Gk>vemour to David Lesly of Strabogie
and Bogiegight^ where to this day he is remembred in the prayers of the inhabitants.

VIII. Whether in a time of reformation^ it be the duty of the Parliament to call in to the
Publick Treasury^ the revenew which belonged to the Chancellor, Secretary, Clerk R^;ister,
and Privy Seal in Scotland, (which will entertain fifteen able Judges there), or to confer it on
some Minions, for upholding their pomps, lest it should offend Lord Richard, to take any thing
away which his Father conferred on these who were only useful in these places to uphold his
grandure and magnificence. — Fiat Justitia, nuU Ccelum.

Thair wes alfo fmdry paperis emittit both in prent and writt, all of
thame apperandlie to mar the procedingis of this Parliament; a pairt
quhairof may be fene by this fubfequent pa})er^ fuperfcryvit in this manor:


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Much alfo geyin out, both by paperis prented and writtin, aganes the
lait ProteAor Oliver, declaring him to be ane arche tyrant, and a traitour
to the Commounwelth, ane Englifche monfter, now under ane marble
monument ; lyke Jehu, quho foght faft for God, bot fafter for his awin
preferment, that he loved his priyat carcafe bettir nor his confcience, the
court bettir than the cuntrie. ^ O that men wold praife the Lord for his
goodnes, and for his loving kyndnes to the chyldrene of men* ; for he
Ibattered the proud in the imaginatioun of thair hartis, he hath put doun
the michtie from thair feattes, and exalted thame of low degrie ! O quhat
alteratiounes and chaynges at this tyme, and how, in fiich a fchoirt fpace,
pepill began to fpeik and writt aganes that tyrannicall fiunilie, quha,
within thefe few dayis befoir, durft not once peip aganes thame under
the payne of treafone ! So that it micht be juftlie faid with the Pfalmift,
75 pfidme, ^ Lift not your home on hie, nather fpeik with a proud neck,
promotioun cumes nather from the eaft, weft, nor fouth ; bot God is the
Judge, he fetteth up one and caft;eth doun another.'

It hes bene formerlie declairit, in the awin place, how that Heriotes
Hofpitall at Edinburgh wes foundit upone the day of Marche 1628,

bot not compleit till this laft Maij 1659, at quhilk tyme, viz. upone
Monday the 21 of Junij 1659, that Hofpitall wes dedicat in a very foleme
manor. And for the bettir underftanding thairof to the poft;eritie, it is
neidfuU that thai be informed, that ane generous and worthy Scottis man
callit George Heriot, of his calling a goldfinith, of honeft parentage, be-
come thaireftir a jeweller, quha went to Lundoun, and thair at Court,
eftir a fchoirt tyme, become very riche and full of welth ; and haiffing no
chyldrene on lyfl^ he did mortifie 3 or 4 hundreth thowfand pundis Scottis,
for bigging this Hofpitall, and for fuft;ening and mantening thairin of
chyldrene and young boyis, fra This Hofpitall

wes firft begun in Marche, thaireftir haid the firft ftone thairof layd in
Julij, 1628, bot long in building, and not compleit and outred till this
Junij 1659 ; at quhilk tyme, viz. on Monday the 21 of Junij foirlaid, thair
wes placed thairintill 35 boyis of honeft parentis bot decayed in meanis,
all of thame weill arreyit in purpour cloathes and cafiikes, every ane of


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242 NICOLL'S DIARY June 1659.

thame with new hattis, fchooes, and all uther necelTaris for the body ;
quha haid thair Ordiner thrjfe a day at leift, all upone the expenfis of
the Founder and rentis of that Hofpital. This Hofpitall wes not ane
ordinary hofpitall, hot a hofpitall very famous with hallis, chalmeris,
kitchingiSy brewhouiis, yairdis, orcheardis, a chappell and all uther necef-
laris. Ane Iconymus for thair provifioun, maifteris for inftru6ting of
thame, men and wemen fervandis, and cuikes for thair attendance in
all necefTaris. This Hofpitall being fo ordered, they enterit thairto upone
the faid 21 day of Junij, the hoQ)itall dedicated, ane preaching taucht,
quhairat the haill magiftrates of Edinburgh wer prefent. This fermound
maid be Mr. Robert Douglas, quha refayit fyve double peces for his paynes.
Heir followis a petitioun gevin into the Englifche Parliament in the
behalf of the perfones Deputeis underfub(cryyand, quhilk wes the onlie
cans of the flay and delay of the Court of Juftice in fitting this fomer
Seiiioun 1659.

To THE Parliament of the Commounwelth of England, the
Humble Address of such of the Deputeis as did in the yeir 1652
consent to the uniting of scotland in on commounwelth with
England, as heir upone the place.(^^)

Thb good proTidence of God haifing put ane oportonitie in your hand for the setling of Scot-
land^ jow haiffing laid the fundatioun sum yearis ago, and the honour of perfyting of it reserved
for JOW, upone the basis of such ane neir Unioun as may for eiir prevent the unhapy breachis
betoix these nadones, dangerous and destructive to both, quhich can be by no uther meanis
avoydit ; in ovdour to so guid and great a work, we being heir upone the place, judge it in-
cumbent to ws humblie to offer : That the consideratioun of the Unioun be resumed, pro-
sequuted, and perfyted in perse wance of the Declaratiouns of Parliament in the ydr 1651 and
1652, quhairby the pepill of that natioun may be secured in thair liberty, sa fer as may consist
with the peace and guid of the whoU Commoun wealth. And quhill the Unioun be perfytit,
quhich is the fundatioun of the satlement of that natioun, it is humblie offerit, that ony par-
ticular ordour (thou^ hot temporary) for reveTing of courtes of justice, or ony pairt of the

<"^ In the margin, said to be '' The Petition gevin in to the Parliament, be the Laird of
Swyntoun, the Laird of Garthland, and utheris, for perfyting the Unioun betwix the two
kingdomes of England and Scotland."

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drill govemament ihftir, iarder than is necessarie for p roeorvatioun of the peace^ and manag-
meat of the reyenaes, will be attendit with many inconvenientie. That gif any thing or deid
to be done in the pairt of the pepill of Scotland for consumatbg the Unioun foirsaid, as to the
former substance thairof, that the Parliament wold pleas ather to ordonr these Deputeis who
wer impowered by the sch3rre8 and barones of Scotland for that effect, and did attend the
Parliament in the year 1653 until thai wer interruptit, to repair agane to the discharge of
thair trust ; or utherwayis to put it in ony uther way as thai in thair wisdomes sail judge moist
speedy and effectualL

Heir alfo I thoght guid to record ane uther printed peace, intitulat ae
folio wis :

LoYALL Queries humblie tendered to the serious consideratioun
OP THE Parliament and Airmy, by ane peceable myndit man and
A true lover of his cuntrie. Printed at Lundoun 1659.

Many wer the paperis and pamfletis gevin out at thir tjmes aganes this
Parliament of England now iittand ; amongs quhome thair is ane lairge
prented paper fet out by Mr. Pryme [Prynne],be way of counfell and advyfe,
for eflablifching the govemament in the perfone of King Charles* Utheris
call this Parliament the Spurius or Hurifche Guid Old Cans ; and that this
^Parliament is compofed of the old Gunpowder traitouris and memberis
of the lait long Parliament, Airmy, and thair confederatis, to blow up,
fubvert, and deftroy the King, Queue, Prince, royall pofteritie, lordis,
commounes, kingdome, govemament, lawis, libertie, and proprietie of the
pepill of England, yea the very conftitutioun, friedome, power, and privi-
lege of all trew Englifche Parliamentis, the Church and Miniftrie of
England, and the trew Proteftant religioun itfel£^ formerlie eftablifched,
to fet up oligarchy, anarchy, tyrannic, oppreffione, libertinifme, marfchall
govemament, and all kynd of herefeis, blafphemeis, religiones, feftis, yea
atheifme, poprie, and to bring the kingdomes, churches, natiounes, and
religioun, to ane inevitable defolatioun, and fubjeft thame to the yrone
yokis of Roome, France, and Spayne for the future ; and that this neidis
no bettir confirmatioun then' the review of thair lait perjureis, aftinges,
procedinges, aganes and contrare to all thair oathes of fupremacy and

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244 NICOLL'S DIARY July 1659.

alledgeance, proteftatiounes, vowis, league, coTenant, declaratiounes, re-
monftrances, &c. not onlie aganes the lait beheidit King and his pofteritie,
bot monarchy itfelff, (the beft of govemament) being of God himfelfT orer
the whole world, &c. ; — and much moir of this kynd and purpos ; and much
for the King, &c. the quhich wer verie longfum and tediouB to fet doun
heir in writt.

During the fitting of this Parliament, quhilk began immediatlie after
Proteftor Richard haid refigned the govemament, all places of autoritie
and govemament heir in Scotland ceiflit and did vaik, fik as the fupreme
judicatorie of feflioun, commiflariat, and uther inferiour judicatoreis ; lykeas
alfo the paffing of billis, direfting of letters of all foirtis, raifing of breves,
preceptis, and utheris in that kynd. And becaus the fchirreffis within
thair feverall boimdis in Scotland, did hald courtes, and gave out decreitis,
quhairof the Parliament of England being acquentit, they, be thair Aft,
daitit at Weftminfter the 7 of Julij 1 659, difchargit thame to proceid in
any civill caufis perfonall or reall, and that thair proceiding in fuch caufis
fince the fext day of Maij, or at ony tyme within 8 monethis befoir, not
to be autorized. Sa that efter this Aft come to the knawledge of the
fchirreffis heir, they did ceis and rais upone the 15 of Julij 1659. The
tenour of the Parliamentis Declaratioun followis in thefe wordis :

Thursday 7 Jnlij 1659. Thomas St. Nicolas, Clerk to the Parliament.
It is formerlie recordit in ane uther volume for the year 1652, that
thair wes ane Aft and ftatute maid and fet doun by the Eftaites than fit-
tand at Lundoun, for protefting of all thefe that being fcruple in confcience
fall worfchip God in another gofpell way. Eftir this, findry errouris did
creip in throw all the thrie natiounes ; and now at this tyme, yiz. in the
end of Jul\j, quhen, as the Parliament of England wes fitting, a toUera-
tioun wes craved and urgit in materis of confcience ; quhairunto, by ex-
pe6tatioun, many in Scotland did confent, and put thair handis and fiib-
Icriptiounes to a paper drawin up to that efTeft, to the number of twa
hundreth perfones, delyrand the fame to be ratifeyed in Parliament now
fittand at Weftminfter. This paper wes font up with Mr. Robert Gordoun

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prefenter of the fignatouris in Scotland, in the end of this moneth, of Julij
1659; quhat falbe the refult, it lalbe declaired heireftir. Heir foUowis the
tenonr of the petitioun gevin into the Parliament of England for ToUera-
tionn, in thefe wordis :

The HUifBLE Petitioun and adbess of sum weill affected pebsones


That quhair it hes pleased the moist wyse God^ quhois pathes ar in the sea, and quhois fute-
steps ar not knawin^ so wonderfullie in the lait transactioun in publict effaires^ to own that
reproached and almoist forgotten interest^ that the godlie in these natiounes haid contendit for>
agane so unexpectedlie broght togidder, your Lordships qnho in sum yeiris past were as stones^
rejected of the boilderis, and yit now over agane Inikit upone as cheiff comer stones to
compleit that work which yow wer the first affectonris of. We desjrre hartelie to blis God
in your behalf, and to owen yow in the prosequntioun of that glorious work, to long intendit
for, aganes usurping tyrannie in the midst of us ; as these worthie instrumentisin Goddis rycht
hand, callit furth in this your day to sattle and secure upone ane solide fundatioun, the rychtes
and liberteis of the trewlie godlie in these natiounes, as men and as Cristianes, that our very
enymeis may be forced to acknawlege the work to be from the Lord, and that yow may be
remembred with renowne among the generatiounes that ar to cum.

It is our Humble Desyre for ourselffis and sererall utheris in this natioun, that yow will
tak cair to provyde for our just liberteis, that we may shair in these €k)spell priyil^s,
that the trewly godlie in England contend for, and expect to be secured in by yow, and
that ony Uwis or actis of Parliament of this natioun contrare thairunto may be abolisched,
ather by sum provisioun to that effect, to be insert in the act of Unioun, or be sum
moir expedient way, as yow sail think fitt. In doing quhairof we sail luik upone ourselffis
as ingadged to blis the Lord for yow, and to stand to yow with our lyfes and fortounes.

At this tyme diyifiouiies and diftraftiounes in all thir thrie natiounes
increafing, and mnche jealofy among the pepill ; and not being content
with the prefent govemament, they began to draw up in airmes and
rais forces in feverall fchyres, in Auguft 1659 : hot befoir thai drew fword
they gave out this Declaratioun following :

A Declaratioun of these of Lankeschybe and Chesschyre.

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246 NICOLL'S DIARY July 1659.

In the end of Julij 1659» letters wer intercepted at Reding, intendit for
[Colonell Edward] Maffie in the foreft of Deane^quhair he haid delt feverall
commifliones of Charles Stewart. Thefe letters acqnented him with the
tyme and place of raiiing, and inviting him to be reddy aganes the mor-
row with his pairtie, Sir Williame Waller wes gone for Limbrig, quhair
the firft irruptioun is feared ; Brifto and Bath the nixt. The 29 of Julij
1659» all the faidled horfes in Lundoun wer fecured, and in the fuburbs
about, and findry fufpeft perfones wer apprehendit. Ladie Mary Howart,
Erie of Barkfchyres dochter, who, as is laid, come laitlie with commiffione
from Charles Stewart, and wes in treatie with ane grand officer in the Par-
liamentis airmy, wes then committit to the Tour. The Hous haiffing
removed from Haberdaflieris Hall, newis come from Haryfoordfchyre,
that Charles Stewart his pairtie wes up in airmes.

yj Auguft 1659. The commiffioneris of Parliament voted Colonell
Kajme and Major Kelk, to be field officeris ; and that the Lord Howart
wes that day fecured in his hous. Intelligence alfo gevin, that Colonell
Johnne Boothie came upone the Sunday preceding into Chefter, and maid
way for receptioun of Sir George Boothie his brother ; and Colonell Yre-
land the nixt day got power ; and they prommefed to oppin quhen thai
pleated ; and that the nixt day thai marched with a pairtie of horls throw
a great pairt of the cuntrey; and that thay intendit a randevouze at
Ratonheath, four regimentis marched toward thame ; and that thair wer
(bx thowfand airmes in Skirrilberry Caftle ; and that the difaffeAed to
autoritie (as they call thame) hes put in a troup and company to fecure
both thame and the Caftle.

Newis alfo at this tjrme came heir to Scotland, that the Lord Lambert
did marche out with ane airmy and trayned bandis aganes thefe that haid
riflen for King Charles, and haid proclamed him King, and haid declared
thair ryfmg to be for a frie Parliament, taking af taxes, libertie of con-
Icience, and paying foulderis thair arreiris. The gentrie and miniftrie of
Cheflchyre and Langcefchyre daylie appeiring, maid thair number daylie to
incres. So that, at this tyme, thair fell out great commotiounes and raif-
ing of airmyes.

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The Parliament of England and Generall Monk, great Generall of the
Inglifche forces heir in Scotland, fearing the Ijke infurreftioun heir in
Scotland in cafe King Charles or his forces fould land heir in tjrme of
thir trubles in England, did tak, apprehend, and fecure the peribnes fol-
lowing, and pat thame in priflbun ; that is to faj, the Erie of Marfchell,
the Erie of Montrois, Erie of Eglintoun, Erie Selkirk, Lord Montgomerie,
Erie of Glencaime, Erie of Callender, Lievtenant Generall David Leflie,
Erie of Lowdoun, lait Lord Chancellar, the Vifcount of Kenmure, Lord
Lome, Erie of Seafoirt, Sir James Lumifden, Colonell James Hay, Erie
of Kellie, Major Levingftoun, the Erie of Rothes. Such of thir perfones
as tuik the Tender and gave band war put to libertie.

The conditioun of effaires in England being at this pofture, the Lord
Lambert, with a great many capitanes and commanderis, wer fent out bj
the Parliament now fitting in Auguft 1659, to fuppres this infurreftioun ;
quha, haiffing fcatterit thefe alledgit rebellis, did apprehend Sir George
Boothe, apperrelled in womanes cloathes.

Ljkeas, immediatlie eftir this, the Toun of Edinburgh purcheft a War-
rand from the Parliament of England for exafting of viij i Scottis of ilk
pint of aill and beir ventit and fold within the Toun of Edinburgh, Can-
nogait, Weft Poirt, Potteraw, Plefantis, and all thair fuburbes about.
This exaftioun wes by and attour a plak of the pynt impofit of befoir by
^e Toun, and now by the Inglifches ; & that this foirt of drink, quhilk
wes fold of befoir for 20 pence the pjmt, did ryfe now at this tjrme to 32
pence. Yet this impofitioim upone the aill and beir femed not to thryve,
for at the fame inftant, viz. upone the firft, fecound, thrid, and fourt dayis
of September, God ftu the hevinis declaired his anger by fending thunder,
fyre, and unhard tempeftis, and ftormes, and inundationis of watteriz^
quhich deftroyed thair commoun myles, dames, and warkis, to the Tonnes
great charges and expenfis, as falbe declaired heireftir in the cloibur and
end of this yeir, God willing.

At this tyme, alfo, viz. in Auguft and September, thair fell out feirfiill
deluges and inundatiounes in Scotland, quhilk with thair effeftis, fallbe
noted in the end of the yeir.

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248 NICOLL'S DIARY Sept, 1659-

Obfenratioiie. — ^Upone the nynt of Febmar 1659» Mary CoonteB of
Buckcleuch, the eldeft dochter and air of tailzie to the deceift Francis
Erie of Buckcleuch, being within the aige of 12 yeiris, was marejed with
Walter Scott, Fear of Hajchefter, in prefence and with confent of hir
Mother and remanent honorable fnendis, and of the greateft pairt of hir
tutonris. This marriage wes queftioned, and aftioun of reduftionn thairof
inteutit befoir the Commiflar of Edinburgh, at the inftance of Sir Johnne
Scott, alledgeand himfelff to be tutour Jine quo nan^ and at the inftance
of uther two of the tutouris, as lykewife at the inftance of the Erie of
Tweddell, quho mareyed the Countes father lifter. The reduftioun wes
upone this accompt, that the Countes wes within yeiris of marriage, and
confequentlie not capable of confent, befyde that Sir Johnne Scot, tutour
Jine quo nan^ and the uther two tutouris haid not confentit. The Countes,
upone a petitioun to the Judges, wes fequeftrat in the cufl:odie of Generall
Monk, quhill this reduftioun fould be difcuft, or quhill fcho fould be paft
the aige of 12 yeiris ; quhich wes upone the 29 day of Auguft laft 1669.
Thair wes no Judicatorie fitting in this natioun, be a reftrente of the
Parliament of England ; fo that the reduftioun wes not difcuft in the
meantyme, the aftioun having bene intentit in Februar preceding, 1659,
and the reftraynt ordered and gevin out by the Parliament twiching the
Judicatorie, being in Maij thaireftir, and a vacancie of juftice ay fince lyne.
The Countes and hir huft)and, (fcho being now paft 12 yeiris of aige, and
hir huft)and paft 14,) to evidence thair approbatioun of the manage, did,
in prefence of the Generall, as cheif juftice of peax, the Capitane of the
Caftell of Edinburgh, Mr. Robert Preflx)un of Prefloun, and Richard
Dobie of Stonyhill, alfo juftices of peax, and of Patrik Scot of Langfliaw
Ichirreff of Edinburgh, and his depute, and in prefence of djnreris honorable
perfones and gentillmen, verballie declared thair approbatioun of the
manage ; and in teflimony thairof, fubfcryvit three doubles of the Decla-
ratioun following, quhairof ane double wes delyverit be thame to the Lord
Generall, as cheiff juftice of peax, ane uther to the Schirreff and his
depute, and the thrid to the Commiflar of Edinburgh, and thairupone
thai tuik inflrumentis.

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Thb Dbglabatioun. — ^Wb, Mary Ck>unte8 of Buckclench^ and Walter Scot now of Buckcleuch
my husband^ both^ with ane consent be thir presentis declair^ that of our owne frilly fiie^
deliberat will and oonsent, upone the nynt day of Februor last bypast^ in this instant yeir
1 659^ we war solemplie in face of Holy Church and compleatlie mareyed with the countenance
and consent of many of our nerrest freindis. Quhich manage^ we, being now past pupilla-
ritie, and unquestionable of perfyte and mariageabUl Bige,j>er verba depresenti do agane, by
a full, frie/ voluntar, and deliberat consent, ratifie, renew, and approve with all the promises
and conjugal! oblismentis than maid in face of Holy Church.

This Declaratioun [did] bear ane claus of regiftratioun in the bookis of
Seflioun, Court of Juftice, and in the CommifTaris buikis of Edinburgh,
Schirreff Court buikis thairof, or in the buikis of quhatfumever uther
ordiner Judicatorie within this natioun, for the tjme, thairin to remane
for prefervatioun ; and wes fubfcryvit by the Countes and hir Hufband, in
prefence of dyveris famous witneffis, at Leith, the 2 day of September
1659, being ane Fryday, about two houris in the eftimoone ; and at the
Countes meeting with hir Hufband, for joy ten great volyes with great
folempnitie. They dyned at Leith, and went that lame nycht to Dalkeith,
and thair did bed togider that nicht.

At this tjrme, the Inglifche fchips that paft to the Sound the former
yeir, for affifting the King of Swaden aganes the King of Denmark, re-
tumit to England, leving the King of Swadin to his awin counfell.

At this tyme alfo, in September 1659, the hole foir wark of the Abay

Online LibraryDavid Laing John NicollA diary of public transactions and other occurrences: chiefly in Scotland ... → online text (page 25 of 46)