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Title: Records of the Kirk of Scotland
       containing the Acts and Proceedings of the General Assemblies from 1638.

Author: Alexander Peterkin

Release Date: September 5, 2020 [EBook #63127]

Language: English

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  RECORDS
  OF
  THE KIRK OF SCOTLAND,

  CONTAINING THE

  ACTS AND PROCEEDINGS
  OF THE
  =General Assemblies,=
  FROM THE YEAR 1638 DOWNWARDS,
  AS AUTHENTICATED BY THE CLERKS OF ASSEMBLY;

  WITH
  NOTES AND HISTORICAL ILLUSTRATIONS,
  BY
  ALEXANDER PETERKIN,
  EDITOR OF “THE COMPENDIUM OF CHURCH LAWS,” &c.

  VOL. I.

  [Illustration: NEC TAMEN CONSUMEBATUR]

  EDINBURGH:
  JOHN SUTHERLAND, 12, CALTON STREET.
  MDCCCXXXVIII.




From the STEAM-PRESS of PETER BROWN, Printer, 19, St James’ Square.




CONTENTS


  Introduction.

  The National Covenant or, Confession of Faith of the Kirk of
  Scotland.

  The Principall Acts of the Solemne Generall Assembly of the Kirk of
  Scotland.

  A Breife Collection of the Passages of the Assembly Holden at
  Glasgow in Scotland, November Last, 1638; With the Deposicon of
  Divers B.p.p. Their Offences For Which They Were Sentenced; and an
  Index of All the Acts Made at the Said Assembly.

  An Index of all the Principall Acts of the Assembly holden at
  Glasgow 1638.

  Miscellaneous Historical Documents Relative to the Ecclesiastical
  and Political Events in Scotland, 1633-1638.

  Report of Proceedings of the General Assembly at Glasgow, 1638.

  The General Assembly, at Edinburgh, 1639.

  The Principall Acts of the Generall Assembly Holden at Edinburgh,
  in the Year 1639.

  Index of the Principall Acts Of the Assembly at Edinburgh, 1639.
  Not Printed.

  Miscellaneous Historical Documents, Relative to the Ecclesiastical
  and Political Events in Scotland—1639.

  Report of the Proceedings Of the Late Generall Assembly, Indicted
  by the Kings Majestie, and Holden at Edinburgh, the 12 of August,
  1639.

  The Proceedings of The Late Solemne Assembly, Holden at Edinburgh
  12 of August 1639.

  The General Assembly, at Aberdeen, 1640.

  The Principall Acts of the Generall Assembly Conveened at Aberdene,
  July 28, 1640.

  Index of the Principall Acts of the Assembly at Aberdene, 1640. Not
  printed.

  Miscellaneous Historical Documents. Relative to the Ecclesiastical
  and Political Events in Scotland—1639-40.

  The General Assembly, at St Andrews and Edinburgh, 1641.

  The Principall Acts of the Generall Assembly Holden at St Andrews
  and Edinburgh, 1641.

  Index of the Principall Acts of the Assembly Holden at S. Andrews
  and Edinburgh, 1641.not Printed.

  Miscellaneous Historical Documents, Relative to the Ecclesiastical
  and Political Events in Scotland—1640-41.

  The General Assembly, at St Andrew’s, 1642.

  The Principall Acts of the Generall Assembly, Conveened at St
  Andrews, July 27, 1642.

  Miscellaneous Historical Documents, Relative to the Ecclesiastical
  and Political Events in Scotland—1642.

  The General Assembly, at Edinburgh, 1643.

  The Principall Acts of the Generall Assembly, Conveened at St
  Andrews, July 27, 1642.

  Index of the Acts of the Assembly holden at Edinburgh, 1643. Not
  printed.

  Miscellaneous Historical Documents. Relative to the Ecclesiastical
  and Political Events in Scotland—1643.

  The General Assembly, at Edinburgh, 1644.

  The Principall Acts of the Generall Assembly, Conveened at
  Edinburgh, May 29, 1644.

  Index of the Acts of the Assembly holden at Edinburgh, 1644. Not
  Printed.

  Miscellaneous Historical Documents, Relative to the Ecclesiastical
  and Political Events in Scotland—1644.

  The General Assembly, at Edinburgh, 1645.

  The Principall Acts of the Generall Assembly, Met Occasionally at
  Edinburgh, January 22, 1645.

  Index of the Acts of this Assembly. Not Printed.

  Miscellaneous Historical Documents, Relative to the Ecclesiastical
  and Political Events in Scotland—1645.

  The General Assembly, at Edinburgh, 1646.

  The Principall Acts of the Generall Assembly, Met at Edinburgh,
  Junii 3, 1646

  Index of the Acts of the Generall Assembly not Printed, 1646.

  Miscellaneous Historical Documents Relative to the Ecclesiastical
  and Political Events in Scotland—1646.

  The General Assembly, at Edinburgh, 1647.

  The Principall Acts of the Generall Assembly Met at Edinburgh,
  August 4, 1647.

  Index of the Acts of This Generall Assemblie Not Printed.

  Miscellaneous Historical Documents, Relative to the Ecclesiastical
  and Political Events in Scotland—1647.

  The General Assembly, at Edinburgh, 1648.

  The Principall Acts of the Generall Assembly Conveened at
  Edinburgh, July 12, 1648.

  Miscellaneous Historical Documents, Relative to the Ecclesiastical
  and Political Events in Scotland—1648.

  The General Assembly, at Edinburgh, 1649.

  The Principall Acts of the Generall Assembly Holden at Edinburgh,
  July 7, 1649.

  Index of the Unprinted Acts of the Assembly, 1649.

  Miscellaneous Historical Documents, Relative to the Ecclesiastical
  and Political Events in Scotland—1649.

  Appendix. State of the Presbyterian Kirk of Scotland From 1649 to
  1654.

  Footnotes:

  Index to the Acts of the General Assembly. 1638-1649.

  Index to Miscellaneous Documents. 1638-1654.




INTRODUCTION.


The object of the present work is to present to the public, in a form
that may be generally accessible, the history of one of the most
interesting periods in the annals of our National Church, by the
republication of her Acts and Proceedings, at and subsequent to the era
of her second Reformation; and, combined therewith, such historical
documents and sketches as are calculated to preserve the memory of an
important, and, ultimately, beneficial revolution in Scotland.

The Reformation from Popery—of which the seeds had been sown during the
lapse of the half century which preceded the abolition of that system
of national religion in 1560—forms the subject-matter of a distinct
epoch, which has been amply illustrated in the works of Principal
Robertson, Dr Cook, and Dr M‘Crie, and which has been further developed
more authentically in the pages of the “Booke of the Universall
Kirke;” and it is not within the range of the present compilation to
take any retrospect of the events which occurred in reference to the
Reformed Church of Scotland, prior to the year 1633, when King Charles
I. was crowned King of Scotland. It may be deemed sufficient to note
merely, that Popery was abolished, by act of Parliament, on the 24th
of August 1560, and the reformed doctrines recognised and tolerated
by contemporary statute; that, in 1567, the Protestant Church was
established and endowed; that the mixed Episcopal and Presbyterian
form of Church government which subsisted during the first thirty-two
years of its existence, yielded to the Presbyterian polity, which was
established by act of Parliament on the 5th of June 1592; and that
Episcopacy having been insinuated through the instrumentality of the
General Assembly of the Church,[1] in consequence of the intrigues of
King James VI., became, though in a modified shape, the established
form of the Protestant Church in Scotland, by virtue of various acts of
Parliament.[2]

Such was the nature of the Established Protestant Church of Scotland
when Charles I. ascended the thrones of both the British kingdoms,
at the demise of his father, on the 22d of March 1625; and such
it continued to be up to the time that we have selected as the
commencement of the period, to the illustration of which the following
pages are devoted.

Along with his crown, Charles I. inherited from his father, a legacy
of political and ecclesiastical bigotry, and a cluster of debateable
questions betwixt him and his subjects, which, ere long, involved
him in numberless embarrassments and conflicts, that terminated only
with his life on the scaffold. In reference to Scotland, that which
first brought him into collision with his northern subjects, was a
project of resuming grants which had been lavishly bestowed by his
father on his nobility and other minions (or which were usurped by
them,) of the tithes and benefices that had belonged to the Popish
Church prior to the Reformation. James himself had contemplated such a
revocation before his death, and also the establishment of a Liturgy
in the Scottish Episcopacy, recently introduced, and but imperfectly
consolidated; but he wanted the courage to adopt the requisite
measures for that purpose, which were calculated to rouse into active
hostility the combined opposition of a fierce aristocracy, and of the
Presbyterian clergy and people, who had been cheated out of their
favoured scheme of church polity by the insidious manœuvres of James.
The revocation was the first step taken by Charles in pursuance of his
father’s policy; and it was justified by precedents in the commencement
of every new reign, during the previous history of Scotland. But the
first attempt to accomplish this end proved abortive, and had nearly
produced the most tragical consequences. It may be proper to advert
briefly to these occurrences.

In October 1625, a Convention of Estates was held for the consideration
of this interesting topic; but the proposition was rejected by nearly
all the nobility and gentry, many of whom had profited from the
plunder of the ecclesiastical patrimony; and Bishop Burnet[3] gives a
very characteristic anecdote of the proceedings on the occasion. The
Earl of Nithsdale, as Commissioner, had been instructed to exact an
unconditional surrender; but the parties interested had previously
conspired, and resolved that, if they could not otherwise deter him
from prosecuting the measure, “they would fall upon him and all his
party, in the old Scottish manner, and knock them on the head;” and
so deadly was their purpose, that one of their number, who was blind,
(Belhaven,) and was seated beside the Earl of Dumfries, had clutched
hold of him with one hand, and was prepared, had any stir arisen, to
plunge a dagger in his heart. Nithsdale, however, seeing the stormy
aspect of the conclave, disguised his instructions, and returned to
London disappointed in his mission.

A convocation of the clergy, however, whose views were directed to
a complete restoration of its ancient patrimony to the Church, and
a large body of the landed proprietors, who had suffered from the
rapacity of the Lords of Erection, and titulars, who had obtained the
Church property and tithes, were favourable to a revocation—animated
by the hope that, in any new distribution of the revenues, a larger
portion of these would fall to their lot from the royal favour than
they could ever expect from the individual overlords and improprietors.
These two classes, therefore, co-operated in supporting the views of
the King, for a resumption of church property and tithes; and these
movements resulted in the well known arbitration, by which his Majesty
obtained a general surrender of the impropriated tithes and benefices,
under which the law upon this subject was ultimately settled by the
enactments in the Statute-book,[4] leaving unavoidably an extended
spirit of discontent among the disappointed parties in the most
influential classes of the community.

One of the main objects of Charles’ policy being thus partially
accomplished, he proceeded to Scotland in the summer of 1633, for
the purpose of being crowned in his native kingdom. His Majesty’s
progress and inauguration were distinguished by unwonted splendour,
and he received a cordial welcome from his northern subjects; but some
parts of the ceremonial gave deep offence to the Scottish people, as
savouring strongly of Popish mummeries; and the morning of his reign
was speedily overcast in Scotland, by a most unwise and obstinate
assertion of the royal prerogative in some matters of the most
ludicrous insignificancy. In 1606, an act had passed in the Scottish
Parliament, asserting the royal prerogative to an extravagant pitch;
and another in 1609, by which King James VI. was empowered to prescribe
apparel to the churchmen with the consent of the Church—a concession
which had been made to gratify that monarch’s predilections for all
priest-like intermeddling with ecclesiastical affairs, and all sorts
of trifling details. But these concessions had lain dormant during the
remainder of his reign, and had never been acted upon; nay, when, in
1617, an act had been prepared by the Lords of Articles, authorizing
all things that should thereafter be determined in ecclesiastical
affairs by his Majesty, with consent of a competent number of the
clergy selected by himself, to be law, he ordered that act to be
suppressed in the House, although it had passed the Lords of Articles.

Charles, however, not sufficiently acquainted with the latent spirit
of his Scottish subjects, ordered an act to be framed, soon after
his coronation, embodying the enactments of both the statutes above
alluded to, asserting the unlimited prerogative of the King in all
matters, civil and ecclesiastical, and giving him power to regulate
the robes and raiment of ecclesiastics. This was strenuously opposed
by Rothes, Balmerino, and a majority of the Estates, notwithstanding
the personal presence of the King, and his domineering orders to them
to vote and not to speak. By a juggle, however, the clerk-register
(Primrose) reported the majority the other way—a falsity which could
not be impugned without incurring the pains of treason; and so intent
was Charles on coercing the Estates into this measure, that he marked
on a list the names of all who had voted against his crotchet, and
threatened them with his resentment.[5]

These extraordinary and indecorous stretches of authority, excited the
greatest alarm. The freedom of speech in Parliament, its independence,
and the integrity of its record, were violated in a manner the
most outrageous and inconsistent with all liberty or safety. The
nobility held various consultations as to what was to be done in this
juncture, and a petition to the King was drawn up and shewn to some
of them—amongst others to Batmerino; but the King having declared
that he would receive no explanation or remonstrance from them, the
purpose was dropped. A copy of it however, with some corrections
on it in Balmerino’s handwriting, having been confided by him to a
notary for transcription, it was treacherously conveyed to Charles, by
Spottiswood, Archbishop of St Andrew’s, some months afterwards. For
this innocent and, according to modern notions, this constitutional
exercise of the right of petition, or rather this intent to exercise
it, Balmerino was put on his trial,[6] before a packed court and a
packed jury, for _leasingmaking_ or an attempt to sow dissension
betwixt the King and his subjects—an offence of the most arbitrary
construction, and certainly not overtly committed by Balmerino in this
case. Seven of the jury were for acquittal—but eight, being a majority,
found him guilty—and he was sentenced to a capital punishment.

This trial excited the deepest interest throughout the country, and
its result produced consternation, and prompted to the most desperate
counsels. It was proposed to force the prison and rescue Balmerino; or,
if that failed, to kill the obnoxious judges and jurors, and burn their
houses. But these perilous resolutions were obviated by Lord Traquair,
one of the jury and a tool of the Court, representing to the King the
consequences which were to be apprehended; and it was found expedient
to grant Balmerino a pardon.[7]

These were the first false steps of Charles in Scotland. They shook
irretrievably the confidence of his subjects in his personal integrity,
and in his reverence for the law and the purity of its administration;
and the whole of these proceedings are eminently instructive, as
evincing to what trivial circumstances, in some respects, convulsions
and revolutions, of an extended and sweeping character, may often be
ascribed as the source. It is exceedingly difficult now to estimate
fully the motives of either party in these transactions. The Scottish
Estates were not averse to yield the point of royal supremacy
exacted by James and Charles; but when the latter claimed as his
prerogative the power to regulate the draperies of the priesthood, it
was vehemently resisted by parliament and people as an encroachment
on their religious liberties. And to this paltry subject, which was
more appropriate to a college of tailors than to the cabinet of a
monarch or the arena of a senate, we may trace the first beginnings of
that succession of revolutions which, for upwards of half a century
afterwards, overflowed the land with torrents of blood and of tears.[8]

The arbitrary principles in which Charles had been trained by his
father, were so deeply impressed on his character, that, though in
other respects an able and amiable man, they were never eradicated
from his mind by all his experience of their consequences. Prompted
by the bigoted intolerance of Laud, surrounded by court sycophants,
who sought favour by subserviency to his prejudices, and betrayed
in Scotland by a set of the most unprincipled knaves, both lay and
clerical, that ever were destined to mislead a sovereign into disgrace
and destruction, Charles took not warning in his government from the
lessons that had been taught him in the transaction to which we have
thus briefly alluded; and he must needs enforce by coercion in Scotland
that uniformity in religious ceremonials with the Episcopal Church
of England, on which his father had bestowed so much of his royal
wisdom.[9] His enterprises in this respect led to consequences which
he little anticipated, and which terminated most fatally for his own
authority and honour. We allude to his attempt to introduce the Liturgy
and canons, which were concocted for the Church in Scotland, under
the auspices of Archbishop Laud—an attempt which, within a very brief
space after Balmerino’s trial and sentence had excited universal alarm,
rallied the whole population of Scotland under the banner of “THE
COVENANT,” in open resistance to their throned monarch; presenting
to our contemplation one of the most remarkable and sublime moral
spectacles that is to be found in the history of ancient or modern
times—an entire nation simultaneously banding themselves together, and
leagued by solemn religious vows, for the vindication and maintenance
of their liberties, civil and religious, yet cherishing and avowing
their allegiance to their sovereign, except in so far as he exceeded
his legitimate authority.

Before entering on the Proceedings and Acts of the General Assemblies
of the Church from 1638 to 1649, which it is one of the objects of this
work to preserve, it is necessary, for the elucidation of these, to
detail the circumstances, political and ecclesiastical, (these being,
in truth, identical,) which preceded that great demonstration of the
national will and power, during the years 1636 and 1637; and, in doing
so, the facts shall be as concisely stated as is practicable, amidst
the great mass of materials which are supplied to the student of our
history in the numerous works that treat of the period now referred
to.[10]

Early in the progress of the Scottish Reformation, the Lords of the
Congregation had directed the “Book of Common Order,” as it was called,
which was used in the Protestant Church of Geneva, to be read in the
religious service of the Scottish Reformers; and it was sanctioned by
the Church in the “First Book of Discipline,” among the first of its
acts after the abolition of Popery.[11] Under this sanction, the “Book
of Common Prayer” was appointed to be used by the Readers as a part of
the public worship in the churches; and, so far as we can discover,
it continued to be used, either as an essential part or, at least,
as the model for prayer in public worship, during the fluctuations
in the frame of the Church in the time of James VI. The Assembly at
Aberdeen,[12] indeed, had ordered the Geneva form to be revised; but
the vehement opposition made in the subsequent Assembly at Perth to
King James’ Articles, induced him to suspend his innovation.

Charles, however, a man of higher moral and personal courage than his
father, and stimulated by the fanatical and semipopish zeal of Laud,
had given instructions, during his recent visit to Scotland, for
superseding the early Book of Order, and directed the introduction of
Canons and a Liturgy similar to those of England. In order to deceive
the Scotch into a belief that it was different, and to soothe the
national pride, by eschewing the aspect of servile imitation as a mark
of its dependence on the English hierarchy, the Scotch Prelates devised
a new Liturgy, which was, in many points, and indeed in its leading
features, much more Popish than that of England.

The Canons were first compiled and confirmed by the Royal Supremacy.
They comprehended whatever the Kings of Israel or the Emperors of the
Primitive Church had arrogated; secured from challenge the consecration
of the bishops; and added terror to excommunication, by annexing
confiscation and outlawry as the penalties of incurring it. The Liturgy
was sanctioned before it was actually framed. By it the clergy were
forbidden to deviate from its forms, or to pray extemporaneously; the
demeanour of the people in public worship was rigorously prescribed;
kirk-sessions and presbyteries, as these were established by the act
1592, were abolished, under the new designation of “conventicles;”
the powers of these were transferred to the bishops, and lay elders
entirely superseded; and the whole texture and spirit of it was
manifestly Popish, embodying, in almost undisguised terms, the form of
the missals, and introducing every particular, both of doctrine and
ceremonial, that was most obnoxious to the whole population, except the
prelates, nine of whom, out of fourteen, had been introduced into the
Privy Council, while Archbishop Spottiswood was created Chancellor, and
Maxwell, Bishop of Ross, aspired to the office of Lord Treasurer—thus
combining the highest spiritual with the highest political functions,
and forming a conclave of despotism entirely subservient to the King.

The new order of things, therefore, was not a mere institution of
Episcopacy, in which only spiritual jurisdiction was conferred, and
different orders of clergy were established, as in England; but it
was palpably a political engine, incompatible with the existence of
civil liberty or freedom of conscience in matters of religion; and
this innovation became universally obnoxious to the whole nation, by
reason of its manifest revival of the practices and ritual of the
Catholics. A font was appointed to be placed in the entrance of the
church, the cross was enjoined in baptism, and the water was changed
and consecrated in the font twice a month; an altar was appointed for
the chancel; the communion table, decorated, was placed in the east,
and the consecration of the elements was a prayer expressive of the
Real Presence, and their elevation deemed an actual oblation. The
confessions of the penitent were to be concealed by the clergy; and
the whole contexture of this novel Liturgy was such, in conjunction
with the Canons, as to effect a total subversion of all the principles
cherished by the bulk of the nation from the date of the Reformation,
and to overthrow the entire system of Presbyterian doctrine and
discipline that had previously prevailed in the usages of the Church,
and the law of the land.

It is noways surprising, therefore, that these innovations produced
tremendous revulsion throughout the country; and they were rendered
still more offensive by the mode of their introduction—without the
consent of a General Assembly of the Church or of Parliament, but
solely by virtue of the royal prerogative, and the authority of the
prelates—the advice even of the Privy Council, and some of the elder
prelates being entirely contemned. The alarm was sounded from the
pulpits by a great majority of the parochial clergy, and pervaded,
not merely the common people, but the gentry also, and, with few
exceptions, all the ancient nobility of the realm: every man, whether
valuing his religious principles, or his political liberty and safety,
was appalled by the immediate prospect of an intolerant spiritual
domination and civil tyranny being established in the land of his
forefathers. “In short,” as Dr Cook emphatically states, “the complete
command of the Church was given to the bishops, and the kingdom was
thus laid at the foot of the throne.”[13]

In this state matters continued from the time that these changes became
known, in 1636, till the summer of 1637. At the same time, besides the
Court of High Commission, each of the prelates obtained subordinate
Commission-courts, which were, in all respects, so many local
inquisitions; so that “Black Prelacy” was armed in Scotland with all
the powers and terrors of the Popish Church anterior to its abolition.
The prelates, however, were at first deterred, by well-grounded
apprehensions, from the exercise of their late-sprung power. A
general adoption of the Liturgy at Easter had been required by royal
proclamation, but the day had elapsed before the publication of it
took place; and it was not till May 1637 that a charge was ordered to
be given to the clergy, that each of them should “buy and provide” two
copies for his parish, under the penalty of escheat of his effects. The
Council, however, had omitted in their edict to require the _adoption_
and practice of these formularies, although, doubtless, the conjoint
effect of these innovations was held to imply an imperative rule for
the clergy. This looseness of phraseology, however, opened a door for
the recusant clergy to evade the use of the new ritual, and paved the
way for an eventual defeat of the prelates’ schemes.[14]

On the 16th of July 1637, an order was intimated from the pulpit
in Edinburgh, that, on the following Sunday, the Liturgy would be
introduced; and this without the concurrence of the Privy Council or
any previous arrangement for smoothing its reception. This notice
excited great popular agitation, and brought the collision betwixt
the court and prelates on the one side, and the country on the other,
to a crisis. On Sunday following, (23d July,) the Dean of Edinburgh
officiated in St Giles’, and the Bishop elect of Argyle in the
Greyfriars’ church, each of them being attended by some of the Judges,
Prelates, Members of Council, and other dignitaries, so as to give
an imposing effect to the introduction of the obnoxious services. St
Giles’ church was crowded, and all went on with the wonted solemnity of
public worship until the reading of the service commenced, when Janet
Geddes, an humble female, rose up and exclaimed, “Villain! daurst
thou say the mass at my lug?” and, suiting the action to the word, she
tossed the stool on which she had been sitting at the Dean’s head.
Forthwith, the assembled multitude broke out into such a tumult as
(Baillie says) “was never heard of since the Reformation,” exclaiming,
“A Pape! a Pape! Antichrist!” and accompanying these expressions
with a violent assault on the doors and windows, so as effectually
to interrupt the service. In the other church, of Greyfriars, the
performance of the service was attended with similar, though less
violent demonstrations of popular hostility; and it was with difficulty
that the officiating priests were rescued from the violence of
the outraged multitude. The greatest excitement pervaded the city
throughout the day; and in every quarter of the country where the
Liturgy was attempted to be introduced, except at St Andrew’s, Brechin,
Dunblane, and Ross, it was resisted with similar manifestations of
anger and disgust; and this popular effervescence was speedily extended
from the lower to the higher ranks, betwixt which the most entire
sympathy existed, although the latter adopted a more rational and
effective mode of resistance.

It is beyond the range of these introductory remarks, to enter on all
the details of procedure which took place from the first outbreak of
this opposition till the meeting of the General Assembly of Glasgow, in
November 1838. Of these, all the particulars are fully detailed in Lord
Rothes’ MS. Relation, in the Advocates’ Library, Baillie’s Letters, and
other contemporary chronicles, and more recently in Mr Laing’s and Dr
Cook’s Histories, and Dr Alton’s Life of Henderson—a man who, at that
juncture, arose to great eminence, to guide his countrymen In their
struggles, and to dignify their cause by the distinguished talents
which in him were called forth and displayed on this occasion. It is
sufficient for the present purpose to note a few of the more prominent
facts and occurrences which hastened the movement and, ere long,
prostrated the royal authority in Scotland.

Henderson, then minister of Leuchars, in Fife, and three other
clergymen from the Presbyteries of Irvine, Ayr, and Glasgow, having
been pressed by the prelatical authorities on the score of the Liturgy
presented, on the 20th of August, bills of suspension to the Privy
Council, upon the grounds that the recent innovations were illegal,
not being sanctioned by Parliament or the General Assembly, and as
being in contravention to the Acts of Parliament and of the Church.
The Council eluded these broad grounds, by finding that the edicts of
which suspension was sought, did not require the _observance_, but only
the _purchase_, of the new formalities; and the Council communicated
with the King as to the dilemma in which both he and they were now
placed. His Majesty, however, unmoved by these events, ordered the
immediate observance of the ritual, (September 20,) and rebuked the
tardiness of the Council. But whenever this untoward resolution of
the King was known, the four ministers, who were thus the foremost
men in the contest, were joined and supported by twenty-four peers,
a great many of the gentry, sixty-six commissioners from towns and
parishes, and nearly one hundred ministers, who immediately poured
in numerous petitions, remonstrating against the imposition of the
Liturgy and Canons.[15] These gave open demonstrations of their making
common cause with Henderson and his associates, going in a body to the
door of the Council House, in the High Street of the metropolis, with
their remonstrances or petitions; and thus they sustained the four
individuals who had been selected by the prelates for persecution.
During the interval which elapsed before an answer was returned, the
remonstrants busied themselves in agitating their grievances over the
whole kingdom, and speedily organized one of the most formidable and
best constructed oppositions to which any government ever was exposed.

It having been intimated that answers from Court to their remonstrances
and petitions would reach Edinburgh on the 18th of October, great
multitudes, from all parts of the country, flocked to the capital. The
Privy Council were panic-struck, and issued proclamations, intimating
that, at the first Council-day, nothing should be done relating to the
Church; ordering all strangers to leave Edinburgh within twenty-four
hours; removing the Council and Session from Edinburgh to Linlithgow,
and afterwards to Dundee; and denouncing a book which had been
published against the measures of the Court and Prelates. This brought
matters to a crisis.

Having delivered the several applications with which they had been
intrusted from the provinces to the Clerk of the Council, the noblemen,
gentlemen, and clergy met in three different bodies; but they concurred
in a general declaration against the obnoxious books, and ordered it
to be presented to the Council. It were tedious enumerating all the
proclamations by the King and Council, and the protestations against
these by the nobles and clergy, and all the negotiations and intrigues
which supervened—of these original documents, however, copies will be
given in the notes subjoined to the Acts of Assembly in 1638; but it
would savour of undue partiality to the proceedings of the malcontents,
if we omitted to state that, during the whole of the period alluded
to, many disgraceful outrages were perpetrated by the rabble, who, in
the language of Baillie, seemed to be “possessed with a bloody devil,”
the authorities being utterly unprepared and unable to repress these
disorders, at the very time that they were exciting the people of all
classes by their lawless and inconsiderate edicts and tyrannical acts.

These mutual exasperations had reached the highest pitch, when, in
February 1638, the Presbyterians assumed a bold and perilous attitude,
amounting almost to a practical dereliction of their allegiance to
the King, and an assumption of supreme authority. In order to avoid
the large and tumultuary assemblages which had taken place during
the preceding year, the Council had required that the supplications
and communications should be managed by delegates and commissioners
from the greater masses; and, accordingly, those persons acting in
this capacity, under the sanction of the King’s Council, had, in the
preceding November, formed large and influential subdivisions of
themselves into distinct bodies called “Tables,” representing the
different classes who were combined for the vindication of their
religious liberties—one for the nobility, another for the gentry, a
third for the clergy, and a fourth for the burghs. Committees of the
most influential and zealous of each class, sat at four different
tables in the Parliament House, having sub-committees, and a central
one of the whole, devising and concocting such measures as they deemed
necessary for promoting the common cause; thus centralizing the public
feeling of the country, and again giving forth mandates from their
united Councils, with all the force and authority of law, to the
people, and superseding virtually the functions both of the Executive
and Legislature of the country.

The most noted act of this anomalous Convention was the formation of a
muniment, which was composed by Henderson and Johnston of Warriston,
and revised by Balmerino, Rothes, and Loudon, and which was destined
to be a powerful instrument in the hands of these national leaders.
THE COVENANT was framed and promulgated at the time we refer to, and
henceforward became the rallying standard of the nation, or, at least,
of a great majority of its inhabitants, during the space of half a
century, till a more benignant symbol of freedom was unfurled at the
Revolution, under which the people of these realms have hitherto,
since that time, enjoyed all the blessings of a limited monarchy, and
institutions for the maintenance of the Protestant faith, and perfect
freedom of conscience to all classes of the people.

The adoption and character of that remarkable League enter so deeply
into the subject of the present undertaking, that, in order to render
numerous subsequent proceedings intelligible to many persons, it is
necessary to devote particular attention to it, and the circumstances
under which it was promulgated.

The Earl of Traquair returned to Scotland, on the 15th of February,
with instructions from the King in reference to the affairs of
Scotland. He dissembled at first the full tenor of these, in his
communications with the leaders of the Tables, and, on the 19th,
proceeded, early in the morning, to Stirling, to publish the
proclamation of which he was the bearer, before the Presbyterians
should be apprized of his intentions, or prepared to offer any show
of opposition. Lord Lindsay and Lord Hume, however, being apprised
of Traquair’s movements, had outstripped him, and were on the spot
to protest against its effects. The proclamation expressed the
King’s approval of the Liturgy; declared all the petitions against
it derogatory to his supreme authority, and deserving the severest
censure, and prohibited the supplicants to assemble again under the
penalties of treason.[16]

When this proclamation, which was calculated to excite their most
gloomy apprehensions, and to extinguish all their hopes of the King
ever listening to their remonstrances, was proclaimed by the heralds
at Stirling, Lords Hume and Lindsay made formal protestation against
it, claiming a right of access to the King by petition; declining the
prelates as judges in any court, civil or ecclesiastical; protesting
that no act of Council, past or future, (the prelates being members,)
should be prejudicial to the supplicants, in their persons or estates;
that the Presbyterians should not incur any danger in life or lands,
or any political or ecclesiastical pains, for not observing the Book
of Liturgy, Canons, Rules, Judicatories, and Proclamations; but that
it should be lawful for them to worship God according to His Word and
Constitutions of the Church and Kingdom, &c.; and it concluded with
professions of loyalty, and a declaration that they only desired the
preservation of the true reformed religion, and laws and liberties
of the kingdom. A copy of this protestation was affixed to the Cross
of Stirling. It was afterwards repeated at Linlithgow and Edinburgh,
to the presence of seventeen Peers, and everywhere else where the
proclamation was published.

In these critical circumstances, and to order at once to guard
themselves from the perils which were sure to overtake them
individually if severed, and exposed at once to the obstinate
displeasure of the King and the revenge of the prelates, the nobles
resolved to consolidate their union by a solemn engagement, such at
those which had been entered into by the Lords of the Congregation
and first Protestants, to the dawn and during the progress of the
Reformation to its earlier stages.[17] The positions in which they
stood were similar; and the example of the fathers and founders of
the Protestant Church in Scotland, naturally prompted the Tables
to imitation, independently of the ancient usage which existed to
Scotland, of entering into “Bands” for mutual protection and support
in troubled times. The model, however, which they had chiefly in view
was a “Confession” framed under the auspices and instructions of King
James VI., in which the errors of Popery were abjured, and to which
there was subsequently added a bond, or obligation, to maintain the
true religion, and protect the King’s person, as well as for the
general defence.[18] Taking that document as the basis and model of
the Covenant, the leaders of the Presbyterian’s superadded to it an
obligation to defend each other against all persons whatsoever, and a
pointed denunciation of the innovations recently attempted to be forced
upon the country.

For the course thus adopted, they had precedents in the conduct of
the first Reformers—in that of King James himself, who had signed the
“Confession,” and sought the signature of all his subjects—and in the
terms of the early “bands” for mutual defence and maintenance of the
reformed doctrines. Nor is it necessary to resort to any casuistry to
justify the adoption of such an engagement. Dr Cook justly remarks,
that the vindication of the Covenant is to be rested “upon this great
principle, that when the ends for which all government should be
instituted are defeated, the oppressed have a clear right to disregard
customary forms, and to assert the privileges without which they would
be condemned to the degradation and wretchedness of despotism.”[19]
That such was the predicament in which the Church and people of
Scotland were placed, by the reiterated proclamations and edicts issued
by the King and the Scots Privy Council for several years prior to
February 1838, and that these amounted to an unqualified assumption of
arbitrary and absolute power, paramount to the authority of Parliament,
and the sanctions of the ecclesiastical authorities established by
law, are points which do not admit of the slightest doubt; and no
alternative remained but that the nobles, clergy, and people of
Scotland, should combine, in the most constitutional manner that was
practicable, for maintaining the law, and for mutual defence, or tamely
submit their necks to the yoke which most assuredly would have been
permanently imposed on them by the base minions of a court, and an
unprincipled hierarchy. Whatever errors they subsequently committed,
and however much we may deplore the infatuation by which Charles was
misled in urging his Scottish subjects into such decisive measures,
no one who is versed in the elements of the British Constitution, or
imbued with the spirit of genuine freedom, can hesitate to admit that,
in adopting the Covenant, the people of Scotland were, at the time, not
only fully justified, but were imperatively constrained to do so by
every motive which can influence Christians, patriots, and brave men.
The most eminent lawyers of these times, too, declared their opinions
that there was nothing in the Covenant inconsistent with loyalty to a
constitutional sovereign; nor has anything ever yet appeared, whether
in the contemporary defences of the Court, or in the pages of more
recent historians and critics, to shake the soundness of that opinion.

Deviating from the practice of historians, who merely give an abstract
and brief statement of the contents of the Covenant, we deem it more
suitable and convenient, in a compilation like the present, to embody
in this Introductory Sketch the entire document, as it appears in the
authenticated records, and, therefore, have subjoined it, as deserving
of the reader’s attention, before proceeding to consider the events
which followed its adoption.




THE

=National Covenant;=

OR,

CONFESSION OF FAITH

OF THE

KIRK OF SCOTLAND.


“_The Confession of Faith, subscribed at first by the King’s Majesty
and his Houshold, in the yeere of God 1580; thereafter by Persons
of all rankes, in the yeere 1581, by ordinance of the Lords of the
Secret Councell, and Acts of the Generall Assembly; subscribed againe
by all sorts of persons in the yeere 1590, by a new Ordinance of
Councell, at the desire of the Generall Assembly, with a generall
Band for maintenance of the true Religion and the King’s person; and
now subscribed in the yeere 1638 by us, Noblemen, Barons, Gentlemen,
Burgesses, Ministers, and Commons under subscribing, together with our
resolution and promises, for the causes after specified, to maintaine
the said true Religion, and the King’s Majestie, according to the
Confession foresaid, and Acts of Parliament. The tenor whereof here
followeth._

“Wee All and every one of us underwritten, Protest, That, after long
and due examination of our owne Consciences in matters of true and
false Religion, are now throughly resolved of the Truth, by the Word
and Spirit of God, and, therefore, we beleeve with our hearts, confesse
with our mouths, subscribe with our hands, and constantly affirm,
before God and the whole World, that this only is the true Christian
Faith and Religion, pleasing God, and bringing Salvation to man, which
now is, by the mercy of God, revealed to the world by the preaching of
the blessed Evangel.

“And received, beleeved, and defended by many and sundry notable Kirks
and Realmes, but chiefly by the _Kirk of Scotland, the King’s Majestie,
and the Three Estates of this Realme_, as God’s eternall Truth, and
onely ground of our salvation; as more particularly is expressed in the
Confession of our Faith, stablished and publikely confirmed by sundry
Acts of Parlaments, and now, of a long time, hath been openly professed
by the King’s Majestie, and whole body of this Realme, both in Burgh
and Land. To the which Confession and forme of Religion wee willingly
agree in our consciences in all points, as unto God’s undoubted Truth
and Verity, grounded onely upon his written Word. And, therefore, We
abhorre and detest all contrarie Religion and Doctrine; but chiefly all
kinde of Papistrie, in generall and particular heads, even as they
are now damned and confuted by the _Word of God and Kirk of Scotland_;
but, in speciall, we detest and refuse the usurped authoritie of that
Roman Antichrist upon the Scriptures of God, upon the Kirk, the civill
Magistrate, and Consciences of men; all his tyrannous lawes made upon
indifferent things against our Christian libertie; his erroneous
Doctrine against the sufficiencie of the written Word, the perfection
of the Law, the office of Christ and his blessed Evangel; his corrupted
Doctrine concerning originall sinne, our naturall inabilitie and
rebellion to God’s law, our justification by faith onely, our imperfect
sanctification and obedience to the law, the nature, number, and use
of the holy Sacraments; his five bastard Sacraments, with all his
Rites, Ceremonies, and false Doctrine, added to the ministration of the
true Sacraments without the word of God; his cruell judgement against
Infants departing without the sacrament; his absolute necessitie of
Baptisme; his blasphemous opinion of Transubstantiation, or real
presence of Christ’s body in the Elements, and receiving of the same
by the wicked, or bodies of men; his dispensations with solemn oaths,
perjuries, and degrees of Marriage forbidden in the Word; his crueltie
against the innocent divorced; his divellish Masse; his blasphemous
Priesthood; his profane Sacrifice for the sins of the dead and the
quick; his Canonization of men, calling upon Angels or Saints departed,
worshipping of Imagerie, Relicks, and Crosses, dedicating of Kirks,
Altars, Daies, Vowes to creatures; his Purgatorie, praiers for the
dead; praying or speaking in a strange language, with his Processions,
and blasphemous Letanie, and multitude of Advocates or Mediators; his
manifold Orders, Auricular Confession; his desperate and uncertain
repentance; his generall and doubtsome faith; his satisfactions of men
for their sins; his justification by works, _opus operatum_, works
of supererogation, Merits, Pardons, Peregrinations, and Stations;
his holy Water, baptizing of Bels, conjuring of spirits, crossing,
saning, anointing, conjuring, hallowing of God’s good creatures, with
the superstitious opinion joined therewith; his worldly Monarchy, and
wicked Hierarchie; his three solemne vowes, with all his shavelings of
sundry sorts; his erroneous and bloudie decrees made at Trent, with
all the subscribers and approvers of that cruell and bloudie Band
conjured against the Kirk of God; and, finally, we detest all his
vain Allegories, Rites, Signs, and Traditions brought in the Kirk,
without or against the Word of God, and Doctrine of this true reformed
Kirk; to the which we joyne our selves willingly, in Doctrine, Faith,
Religion, Discipline, and use of the Holy Sacraments, as lively members
of the same in Christ our Head: promising and swearing, by the GREAT
NAME OF THE LORD OUR GOD, that we shall continue in the obedience of
the Doctrine and Discipline of this Kirk, and shall defend the same,
according to our vocation and power, all the dayes of our lives, under
the paines contained in the Law, and danger both of body and soule in
the day of God’s fearfull Judgement; and seeing that many are stirred
up by Satan and that Romane Antichrist, to promise, sweare, subscribe,
and, for a time, use the Holy Sacraments in the Kirk deceitfully,
against their owne consciences, minding thereby, first, under the
externall cloake of Religion, to corrupt and subvert secretly God’s
true Religion within the Kirk, and afterward, when time may serve,
to become open enemies and persecutors of the same, under vaine hope
of the Pope’s dispensation, devised against the Word of God, to his
greater confusion, and their double condemnation in the day of the LORD
JESUS.

“We, therefore, willing to take away all suspition of hypocrisie, and
of such double dealing with God and his Kirk, Protest, and call THE
SEARCHER OF ALL HEARTS for witnesse, that our minds and hearts do fully
agree with this our _Confession, Promise, Oath, and Subscription_,
so that we are not moved for any worldly respect, but are perswaded
onely in our Consciences, through the knowledge and love of God’s true
Religion, printed in our hearts by the Holy Spirit, as we shall answer
to Him in the day when the secrets of all hearts shall be disclosed;
and because we perceive, that the quietnesse and stability of our
Religion and Kirk doth depend upon the safety and good behaviour
of the King’s Majestie, as upon a comfortable instrument of God’s
mercy granted to this Country, for the maintaining of his Kirk, and
ministration of Justice amongst us; we protest and promise with our
hearts, under the same Oath, Hand-writ, and paines, that we shall
defend his Person and Authority with our goods, bodies, and lives,
in the defence of Christ his Evangel, Liberties of our Countrey,
ministration of Justice, and punishment of iniquity, against all
enemies within this Realme or without, as we desire our God to be
a strong and mercifull Defender to us in the day of our death, and
comming of our LORD JESUS CHRIST; to whom, with the Father, and the
Holy Spirit, be all honour and glorie eternally.

“Like as many Acts of Parlament, not onely in generall doe abrogate,
annull, and rescind all Lawes, Statutes, Acts, Constitutions, Canons,
civill or Municipall, with all other Ordinances, and practicke
penalties whatsoever, made in prejudice of the true Religion, and
Professours thereof; or of the true Kirk discipline, jurisdiction, and
freedome thereof; or in favours of Idolatrie and Superstition, or of
the Papisticall Kirk: As Act 3, Act 31, Parl. 1, Act 23, Parl. 11, Act
114, Parl. 12. of King James the Sixt. That Papistrie and Superstition
may be utterly suppressed, according to the intention of the Acts of
Parlament, reported in Act 5, Parl. 20, K. James 6. And, to that end,
they ordaine all Papists and Priests to be punished by manifold Civill
and Ecclesiasticall paines, as adversaries to God’s true Religion,
preached and by law established within this Realme, Act 24, Parl. 11,
K. James 6, as common enemies to all Christian government, Act 18,
Parl. 16, K. James 6, as rebellers and gainstanders of our Soveraigne
Lord’s authoritie, Act 47, Parl. 3, K. James 6, and as Idolaters, Act
104, Parl. 7, K. James 6; but also in particular, (by and attour the
Confession of Faith,) do abolish and condemne the Pope’s authoritie and
jurisdiction out of this land, and ordaines the maintainers thereof to
be punished, Act 2, Parl. 1, Act 51, Parl. 3, Act 106, Parl. 7, Act
114, Parl. 12, K. James 6, doe condemne the Pope’s erroneous doctrine,
or any other erroneous doctrine repugnant to any of the Articles of the
true and Christian Religion, publikely preached, and by Law established
in this Realme; and ordaines the spreaders and makers of Books or
Libels, or Letters, or writs of that nature, to be punished, Act 46,
Parl. 3, Act 106, Parl. 7, Act 24, Parl. 11, K. James 6, doe condemne
all Baptisme conform to the Pope’s kirk, and the idolatry of the Masse;
and ordaines all sayers, wilfull hearers, and concealers of the Masse,
the maintainers and resetters of the Priests, Jesuits, traffiquing
Papists, to be punished without any exception or restriction, Act 5,
Parl. 1, Act 120, Parl. 12, Act 164, Parl. 13, Act 193, Parl. 14, Act
1, Parl. 19, Act 5, Parl. 20, K. James 6, doe condemne all erroneous
books and writs containing erroneous doctrine against the Religion
presently professed, or containing superstitious Rites and Ceremonies
Papisticall, whereby the people are greatly abused, and ordaines the
home-bringers of them to be punished, Act 25, Parl. 11, K. James 6,
doe condemne the monuments and dregs of bygane Idolatrie, as going
to Crosses, observing the Festivall dayes of Saincts, and such other
superstitious and Papisticall Rites, to the dishonour of God, contempt
of true Religion, and fostering of great errour among the people, and
ordaines the users of them to be punished for the second fault, as
Idolaters, Act 104, Parl. 7, K. James 6.

“Like as many Acts of Parlament are conceived for maintenance of God’s
true and Christian Religion, and the puritie thereof in Doctrine
and Sacraments of the true Church of God, the libertie and freedome
thereof, in her Nationall Synodall Assemblies, Presbyteries, Sessions,
Policie, Discipline, and Jurisdiction thereof, as that puritie of
Religion, and libertie of the Church was used, professed, exercised,
preached, and confessed, according to the reformation of Religion in
this realme: As, for instance, Act 99, Parl. 7, Act 23, Parl. 11, Act
114, Parl. 12, Act 160, Parl. 13, K. James 6, ratified by Act 4, K.
Charles. So that Act 6, Parl. 1, and Act 68, Parl 6 of K. James 6, in
the yeare of God 1579, declares the Ministers of the blessed Evangel,
whom God, of his mercie, had raised up, or hereafter should raise,
agreeing with them that then lived in Doctrine and administration
of the Sacraments, and the people that professed Christ, as he was
then offered in the Evangel, and doth communicate with the holy
Sacraments, (as in the Reformed kirkes of this Realme they were
presently administrate,) according to the Confession of Faith, to
be the true and holy kirk of Christ Jesus within this Realme, and
discernes and declares all and sundrie, who either gainsayes the Word
of the Evangel, received and approved as the heads of the Confession
of Faith, professed in Parlament in the yeare of God 1560; specified
also in the first Parlament of K. James 6, and ratified in this
present Parlament, more particularly do specifie; or that refuses the
administration of the holy Sacraments, as they were then ministrated,
to be no members of the said kirk within this Realme, and true Religion
presently professed, so long as they keepe themselves so divided from
the societie of Christ’s bodie: And the subsequent Act 69, Parl. 6,
K. James 6, declares, That there is no other face of Kirke, nor other
face of Religion, then was presently at that time, by the favour of
God, established within this Realme, which, therefore, is ever stiled
God’s true Religion, Christ’s true Religion, the true and Christian
Religion, and a perfect Religion. Which, by manifold Acts of Parlament,
all within this Realme, are bound to professe to subscribe the articles
thereof, the Confession of Faith, to recant all doctrine and errours
repugnant to any of the said Articles, Act 4 and 9, Parl. 1, Act 45,
46, 47, Parl. 3, Act 71, Parl. 6, Act. 106, Parl. 7, Act 24, Parl.
11, Act 123, Parl. 12, Act 194 and 197, Parl. 14, of K. James 6. And
all Magistrates, Sheriffes, &c., on the one part, are ordained to
search, apprehend, and punish all contraveeners; for instance, Act 5,
Parl. 1, Act 104, Parl. 7, Act 25, Parl. 11, K. James 6. And that,
notwithstanding of the King’s Majestie’s licences on the contrary,
which are discharged and declared to be of no force, in so farre as
they tend in any wayes to the prejudice and hinder of the execution of
the Acts of Parlament against Papists and adversaries of true Religion,
Act 106, parl. 7, K. James 6; on the other part, in the 47 Act, Parl.
3, K. James 6, it is declared and ordained, seeing the cause of God’s
true Religion and his Highnesse Authority are so joyned, as the hurt
of the one is common to both; and that none shall be reputed as loyall
and faithfull subjects to our Sovereigns Lord, or his Authority; but
be punishable as rebellers and gainstanders of the same, who shall
not give their Confession, and make their profession of the said true
Religion; and that they who, after defection, shall give the Confession
of their faith of new, they shall promise to continue therein in time
comming, to maintaine our Soveraigne Lord’s Authoritie, and at the
uttermost of their power to fortifie, assist, and maintaine the true
Preachers and Professours of Christ’s Religion, against whatsoever
enemies and gainstanders of the same: and, namely, against all such
of whatsoever nation, estate, or degree they be of, that have joyned
and bound themselves, or have assisted, or assists, to set forward and
execute the cruell decrees of Trent, contrary to the Preachers and
true Professours of the Word of God, which is repeated word by word
in the Articles of Pacification at Pearth, the 23d of February 1572,
approved by Parlament the last of Aprill 1573, ratified in Parlament
1578, and related, Act 123, Parl. 12 of K. James 6, with this addition,
That they are bound to resist all treasonable uproares and hostilities
raised against the true Religion, the King’s Majestie, and the true
Professours.

“Like as all lieges are bound to maintain the K. Majestie’s Royal
Person and authority, the authority of Parlaments, without the which
neither any laws or lawful judicatories can be established, Act 130,
Act 131, Par. 8, K. Ja. 6, and the subjects’ liberties, who ought
only to live and be governed by the King’s lawes, the common lawes
of this Realme allanerly, Act 48, Parl. 3, K. James 1, Act 79, Parl.
6, K. James 4, repeated in Act 131, Parl. 8, K. James 6; which, if
they be innovated or prejudged, the Commission anent the union of the
two Kingdomes of Scotland and England, which is the sole Act of the
17 Parl. of K. James 6, declares such confusion would ensue, as this
Realme could be no more a free Monarchie, because by the fundamentall
lawes, ancient priviledges, offices, and liberties of this kingdome,
not onely the Princely authoritie of his Majestie’s royal discent
hath bin these manie ages maintained, but also the people’s securitie
of their lands, livings, rights, offices, liberties and dignities
preserved; and, therefore, for the preservation of the said true
Religion, Lawes, and Liberties of this kingdome, it is statute by Act
6, Parl. 1, repeated in Act 99, Parl. 7, ratified in Act 23, Parl. 11,
and 114 Act of K. James 6, and 4 Act of K. Charles, That all Kings and
Princes at their Coronation and reception of their princely authoritie,
shall make their faithfull promise by their solemn oath in the presence
of the eternall God, that enduring the whole time of their lives, they
shall serve the same eternall God, to the uttermost of their power,
according as he hath required in his most holy Word, contained in the
Old and New Testaments. And according to the same Word, shall maintain
the true Religion of Christ Jesus, the preaching of his holy Word,
the due and right ministration of the Sacraments, now received and
preached within this Realme, (according to the Confession of Faith
immediately preceding,) and shall abolish and gainstand all false
Religion, contrarie to the same, and shall rule the people committed
to their charge, according to the will and command of God, revealed in
his foresaid Word, and according to the lowable lawes and constitutions
received in this Realme, no waies repugnant to the said will of the
eternall God, and shall procure, to the uttermost of their power, to
the kirk of God, and whole Christian people, true and perfit peace in
all time comming; and that they shall be carefull to root out of their
Empire all Hereticks, and enemies to the true worship of God, who shall
be convicted by the true kirk of God of the foresaid crimes; which was
also observed by his Majesty at his Coronation in Edinburgh 1633, as
may be seene in the order of the Coronation.

“In obedience to the commandement of God, conform to the practice of
the godly in former times, and according to the laudable example of
our worthy and religious Progenitors, and of many yet living amongst
us, which was warranted also by Act of Councell, commanding a generall
Band to bee made and subscribed by his Majestie’s subjects of all
ranks, for two causes: One was, for defending the true Religion, as
it was then reformed, and is expressed in the Confession of Faith
above written, and a former large Confession established by sundrie
Acts of lawfull Generall Assemblies and of Parlament, unto which it
hath relation set downe in publicke Cathechismes, and which had beene
for many yeeres, with a blessing from heaven, preached and professed
in this Kirk and Kingdome, as God’s undoubted truth, grounded onely
upon his written Word: The other cause was, for maintaining the King’s
Majestie his Person and Estate; the true worship of God, and the
King’s authoritie being so straightly joyned, as that they had the
same friends and common enemies, and did stand and fall together. And,
finally, being convinced in our minds, and confessing with our mouthes,
that the present and succeeding generations in this Land, are bound
to keep the foresaid nationall Oath and subscription inviolable, Wee
Noblemen, Barons, Gentlemen Burgesses, Ministers, and Commons under
subscribing, considering divers times before, and especially at this
time, the danger of the true reformed Religion, of the King’s honour,
and of the publicke peace of the Kingdome, by the manifold innovations
and evils generally contained and particularly mentioned in our late
supplications, complaints, and protestations, doe hereby professe,
and, before God, his Angels, and the World, solemnely declare, That,
with our whole hearts wee agree and resolve all the daies of our life
constantly to adhere unto, and to defend the foresaid true Religion,
and forbearing the practice of all novations already introduced in the
matters of the worship of God, or approbation of the corruptions of the
publick Government of the Kirk, or civill places and power of Kirkmen,
till they bee tryed and allowed in free Assemblies, and in Parlaments,
to labour by all means lawfull to recover the purity and libertie of
the Gospel, as it was established and professed before the foresaid
novations: And because, after due examination, we plainly perceive, and
undoubtedly beleeve, that the Innovations and evils contained in our
Supplications, Complaints, and Protestations have no warrant of the
Word of God, are contrary to the Articles of the foresaid Confessions,
to the intention and meaning of the blessed Reformers of Religion in
this Land, to the above written Acts of Parlament, and doe sensibly
tend to the re-establishing of the Popish Religion and tyranny, and
to the subversion and ruine of the true Reformed Religion, and of our
Liberties, Lawes, and Estates. We also declare, that the foresaid
Confessions are to bee interpreted, and ought to be understood of the
foresaid novations and evils, no lesse then if everie one of them
had beene expressed in the foresaid Confessions; and that wee are
obliged to detest and abhorre them, amongst other particular heads
of Papistrie abjured therein. And, therefore, from the knowledge and
conscience of our dutie to God, to our King and countrey, without
any worldly respect or inducement, so farre as humane infirmitie
will suffer, wishing a further measure of the grace of God for this
effect, We promise and sweare, by the GREAT NAME OF THE LORD OUR GOD,
to continue in the Profession and Obedience of the foresaid Religion:
That we shall defend the same, and resist all these contrarie errours
and corruptions, according to our vocation, and to the uttermost of
that power that God hath put in our hands, all the dayes of our life:
And, in like manner, with the same heart, we declare before God and
Men, That wee have no intention nor desire to attempt anything that
may turne to the dishonour of God, or to the diminution of the King’s
Greatnesse and authoritie: But, on the contrarie, wee promise and
sweare, that wee shall, to the uttermost of our power, with our meanes
and lives, stand to the defence of our dread Sovereign, the King’s
Majestie, his person and authoritie, in the defence and preservation
of the foresaid true Religion, Liberties, and Lawes of the Kingdome:
As, also, to the mutuall defence and assistance, everie one of us of
another in the same cause of maintaining the true Religion, and his
Majestie’s authoritie, with our best counsell, our bodies, meanes,
and whole power, against all sorts of persons whatsoever. So that,
whatsoever shall be done to the least of us for that cause, shall
be taken as done to us all in generall, and to everie one of us in
particular. And that wee shall neither directly nor indirectly suffer
ourselves to be divided or withdrawn by whatsoever suggesttion,
combination, allurement, or terrour, from this blessed and loyall
conjunction, nor shall cast in any let or impediment that that may
stay or hinder any such resolution, as by common consent shall be
found to conduce for so good ends. But, on the contrarie, shall, by
all lawfull meanes, labour to further and promove the same; and if any
such, dangerous and divisive motion be made to us by word or writ,
wee, and everie one of us, shall either suppresse it, or, if need
be, shall incontinent make the same known, that it may bee timeously
obviated; neither do we feare the foule aspersions of rebellion,
combination, or what else our adversaries, from their craft and malice
would put upon us, seeing what we do is so well warranted, and ariseth
from an unfained desire to maintaine the true worship of God, the
majestie of our King, and the peace of the Kingdome, for the common
happinesse of ourselves and posteritie. And because we cannot look for
a blessing from God upon our proceedings, except with our profession
and subscription we joyne such a life and conversation, as beseemeth
Christians, who have renewed their Covenant with God; Wee therefore
faithfully promise, for ourselves, our followers, and all others
under us, both in publicke, in our particular families and personall
carriage, to endevour to keep ourselves within the bounds of Christian
libertie, and to be good examples to others of all Godlinesse,
Sobernesse, and Righteousness, and of everie dutie we owe to God and
Man. And that this our Union and Conjunction may bee observed without
violation, we call the living God, the Searcher of our Hearts, to
witnesse, who knoweth this to be our sincere Desire, and unfained
Resolution, as wee shall answer to JESUS CHRIST in the great day, and
under the paine of God’s everlasting wrath, and of infamie, and of
losse of all honour and respect in this World. Most humblie beseeching
the LORD, to strengthen us by his Holy Spirit for this end, and to
blesse our desires and proceedings with a happie success, that Religion
and Righteousnesse may flourish in the land, to the glorie of God,
the honour of our King, and peace and comfort of us all. In witnesse
whereof we have subscribed with our hands alt the premisses,” &c.

       *       *       *       *       *

After much deliberation, and the reconcilement of many scruples of
conscience and difficulties among the various classes of Presbyterians,
this elaborate and solemn compact and vow was publicly promulgated,
and, for the first time, sworn in Edinburgh, on the 28th of February
1633.[20] An immense concourse of spectators assembled in the
Greyfriars’ church and churchyard, at an early hour, on the morning
of that day; and at two o’clock, Rothes and Loudon of the nobility,
Henderson and Dickson of the clergy, and Johnston, their legal adviser,
arrived with the Covenant ready for signature. Henderson began the
solemnities of the day with prayer, and Loudon followed in an oration
of great courage and power; after which, about four o’clock, the Earl
of Sutherland was the first to step forward and inscribe his name on
the Covenant; and he was immediately followed by Sir Andrew Murray, a
minister at Abdy in Fife, and all who were within the church; after
which it was laid out on a flat gravestone in the churchyard, and
signed, till the parchment was full, by persons of all ranks, sexes,
and ages, with uplifted hands, and consecrated by solemn invocations to
heaven, and with such demonstrations of enthusiasm as it is difficult,
in these latter times, to imagine. It was a day, as piously and
eloquently described by Henderson, in which the people in multitudes
offered themselves to the service of Heaven “like the dew drops in the
morning”—“wherein the arm of the Lord was revealed”—and “the Princes of
the people assembled to swear allegiance to the King of kings.”

These impressive proceedings did not terminate till nine o’clock
in the evening; but the next day copies of the Covenant were laid
open through the city and signed, with very few exceptions, by all
the people. They were transmitted through all the provincial towns
and parishes; and, unless, by a few at St Andrew’s, Aberdeen, and
Glasgow, the Covenant was hailed with mingled emotions of devotion and
patriotism, such as, perhaps, never either before or since pervaded
any nation with such simultaneous unanimity. Its spirit spread far and
wide over the land like fire over its heath-clad hills, penetrating
the shadows which brooded in the firmament; and, as the fiery cross
was wont to be the signal for array in feudal strife, it summoned the
sons of the hill and the dale to prepare their swords, should these be
needed, for combat in a holier cause—subduing, with unexampled power,
the hereditary feuds of hostile clans, and combining the whole nation
into one mighty phalanx of incalculable energy.

It is unnecessary, in this place, to trace all the turnings and
windings of the tortuous policy by which, after this decisive
demonstration of physical, as well as of moral strength, King Charles
and his abettors endeavoured, for some months, to break down this
great combination. Every variety of intrigue, and every artifice for
procrastination, was employed to divide the Covenanters, and quell the
spirit which had thus been evoked by his arbitrary proceedings; and the
duplicity of Charles, in holding forth terms of accommodation, while
he was preparing to crush Scotland by force of arms, is a fact fully
demonstrated by many documents of unquestionable authenticity, which
leaves one of the deepest stains that still rest on the memory of that
misguided and unfortunate monarch. On one occasion when the Marquis
of Hamilton came from Court, on a pretended amicable mission as the
King’s Commissioner, he was received at his entrance by 60,000 of his
Majesty’s Scottish subjects, including nearly all the nobility, gentry,
and 600 clergymen, in a body, whose line extended from Musselburgh to
the outskirts of the Metropolis; presenting a spectacle which moved
the Commissioner even to tears, and drew from him a wish, that his
monarch had but witnessed such a host of his subjects, seeking only the
enjoyment of their civil and religious liberties.

After many ineffectual attempts, by intimidation and artifice, to
dissolve this league, and to break asunder the ties by which the
Covenanters were bound together—after issuing new proclamations for the
enforcement of the Liturgy, and the rotten Episcopacy of Scotland, and
again in trepidation recalling these—after attempting, by a revival
of the Covenant and Confession of the former reign, with hollow
and equivocal terms intermixed with it, to counteract the National
Covenant—and, after essaying to beguile the Covenanters by conceding
to them a General Assembly of the Church and a Parliament, fettered,
however, with such conditions as would have rendered these but a
repetition of the corrupt and packed assemblages which, from 1606 to
1618, inclusive, had, under the management of his father, subverted
the law of the land and the liberties of the Church—Charles was at
length constrained to bow before a spirit which he could neither quell
nor conquer. Hamilton, after various journeys betwixt the Court and
Scotland, at last arrived at Dalkeith on the 16th of August; and, after
anxious consultations with the Privy Council during several days,
that body, with the royal sanction, at length abandoned the policy
which he had endeavoured to enforce, and two acts were proclaimed—the
one indicting a General Assembly at Glasgow on the 21st of November
following, and another summoning a Parliament to be held at Edinburgh
on the 15th of May 1639; and, at the same time, a declaration by the
King was proclaimed, discharging the use of the Service Book, Books of
Canons, High Commission, and Articles of the Perth Assembly—ordaining
free entry to ministers, and subjecting the bishops to the jurisdiction
of the General Assembly. A sort of amnesty also was passed, and a fast
appointed to be held, on the fourteenth day before the Assembly, for a
peaceable end to the distractions of the country.[21]

And thus the people of Scotland achieved a vindication of their laws
and liberties, without one human life being sacrificed, or one drop
of blood being shed; after years of deep dissimulation, was Charles
constrained, by a great national confederacy, to yield in the end,
all that his subjects had required at his hands as their sovereign.
The conflict, however, was not yet terminated, and it continued, with
many varieties of fortune, through future years. But the purpose
for which the preceding narrative has been given being attained, it
would be premature to prosecute these historical details further
at present. Such a preliminary statement, however, appeared to be
necessary, in order to clear the way for the Proceedings of the first
General Assembly of the Church which had taken place during the long
space of thirty-six years; for, although there had been six nominal
assemblies during that interval,[22] these were so overborne by royal
interference, and illegal and unwarrantable intrusions, that they were
all essentially illegal, and were afterwards held to be null and void
for ever.

In bringing the Proceedings of the Assembly 1638, under the reader’s
notice, it is deemed expedient to do so by embodying in these pages
a very interesting account of the meeting of the Assembly, from the
Journals of Principal Baillie, who was a member of it, and whose
volumes, referable to those times, are considered of the highest
authority by all succeeding historians. His account of the Assembly,
up to the time that the Court was constituted by the election of a
Moderator and Clerk, is all that is meant to be given in this place.

“Notwithstanding the indiction,” says Baillie, “our hopes were but
slender ever to see the downsitting of our passionately-desired
Assembly with the Commissioner’s consent, for daily he found himself
more and more disappointed in his expectation to obtain these things
which it seems he put the King in hopes might be gotten. Episcopacy
to be put in place of safety, above the reach of the Assembly’s hand,
was now seen to be impossible, if his engines for this purpose, by
the skill of his party, was turned back upon him. The Council had
subscribed the King’s Covenant, as it was exponed at the first in the
1581 year. His declaration, that Episcopacy was then in our Church, and
will, that the Assembly should be discharged to meddle in the trial of
this matter, could not be gotten concluded in a Council act. Sundry
of the Lords of the Session being required to subscribe the Covenant
in that his sense, refused; with a protestation, that the exposition
of these parts which might make for or against Episcopacy, should
be referred to the determination of the ensuing Assembly. Noblemen
and ministers did not dissemble their mind in their discourse of the
unlawfulness, at least the inexpediency, of this office in our Church,
and so their design by any means to have it presently put down. This
put his Grace in great perplexity; for he conceived, as some said, by
the words and writs of sundry of our nobles of chief respect, that the
Assembly might have been gotten persuaded to establish, at least to
permit, or pass by untouched, that office: when the contrary appeared,
he was at a nonplus; for his instructions had made the place of bishops
a _noli me tangere_; but their persons were permitted to the doom of
the severest mouth among us, where their miscarrying had required
censure. His next disappointment was in the matter of the Covenant.
He thought to have gotten the King’s Covenant universally subscribed,
and ratified hereafter in the Assembly; so that the other, which had
been subscribed by us before, might be quietly, without any infamous
condemning of it, suppressed and buried. But far above and against
all his thoughts, that Covenant was universally refused; and, among
these few that put their hands to it, divers avowed their mind, in all
things, to be the same with those who had sworn the first. The missing
of this intention increased his Grace’s malcontentment. In two other
designs also he found himself much deceived. He thought, an act for the
freedom of the practice of Perth Articles, might have contented us; and
without condemning the matters themselves, before the Parliament by
supplication had been brought to the casing of the standing law; but
an universal inclination appeared in all to have the things themselves
tried without delay, and acts presently found anent them, as their
nature required. Sicklike his instructions carried him to the removal
of the high commission, books of canons, ordination, service, but to
reason or condemn anything contained in any of them, which might have
reflected against any public order, or anything practised or allowed by
my Lord of Canterbury and his followers, in England or elsewhere. We in
no case could be content, except we were permitted to examine all that
were in these books, their matter now being the avowed doctrine of many
in our Church; and since we found the articles of Arminius, with many
points of the grossest Popery, in the books, sermons, and discourses
of our bishops and ministers, we were resolved to have these doctrines
censured as they deserved, without any sparing with respect to any
person who maintained them.

“The Commissioner, finding himself mistaken in all these, and many
more of his designs, was afraid to labour to discharge the Assembly
before it began, or at least to mar it so, if it sat down, that it
should do no good. We referred to this intention his diligence to find
subscribers to protestations against the assembly. We heard by our
opposites of huge numbers of thir; yet when it came to the proof, there
were but few who could be moved to put their hands to such an act; yea,
not one who durst avow it, and reason the lawfulness of their deed.
Some twenty hands at most were at the bishops’ declinature opposite
to our covenant. A few others, especially eight of the Presbytery of
Glasgow, (who, to the Commissioner’s great discontent, refused to
adhere,) made forms of protestations by themselves; but to no purpose.
From this same intention, we alleged, flowed the putting to the horn,
some days before our sitting, all these commissioners of the nobles,
gentry, ministers, who, for any civil cause or pretence, could be
gotten denounced, that so the synod should be deprived of many members.
This practice was so new, and so strong reasons given in, why this kind
of horning should hinder none from voicing in a synod, that no use was
or durst be made of any such exception; only the Treasurer’s good-will,
by the invention, was collected to be but small toward our cause. A
proclamation also was made, that none should come to the place of the
Assembly but such as were members; and that in a peaceable manner.
We protested, all might come who had interest, of party, witnesses,
voters, assessors, complainers, or whatever way; and that every man
might come with such retinue and equipage as the Lords of Council
should give example.

“These, and many more occurrences, put us in a continual fear of the
Assembly’s discharge; yet the King’s word was engaged so deeply,
proclamations, publick fastings at his command, had already past; and
mainly the King’s thought, that the inserting what he had granted,
anent the service-book, canons, and Perth articles, in the Assembly’s
books, would give some contentment to the people, and disengage his
promise of an assembly, though nothing more should be granted: these,
and such considerations, made the Assembly sit down, contrary to all
our fears, and a fair face to be made for a while by the Commissioner,
as if he intended nothing else, and confidently expected his sitting
till all questions should be peaceably decided for the content of all.

“On Friday, the 16th of November, we in the west, as were desired,
came to Glasgow; our noblemen, especially Eglinton, backed with
great numbers of friends and vassals. We were informed, that the
Commissioner and counsellors were to take up the town with a great
number of their followers. So the nearest noblemen and gentlemen were
desired to come in that night well attended. The town expected and
provided for huge multitudes of people, and put on their houses and
beds excessive prices; but the diligence of the magistrates, and the
vacancy of many rooms, quickly moderated that excess. We were glad
to see such order, and large provision, above all men’s expectation;
for which the town got much thanks and credit. It can lodge easily,
at once, Council, Session, Parliament, and General Assembly, if need
should require.

“On Saturday most of our eastland noblemen, barons, and ministers, came
in. In the afternoon, the Lord Commissioner with most of the council
came. The Earls of Rothes, Montrose, and many of our folks, went out
to meet his Grace. Much good speech was among them; we protesting,
that we would crave nothing but what clear scripture, reason, and law,
would evince. His Grace assured nothing reasonable should be denied.
On Sunday afternoon, some of the wisest of the ministry consulted upon
the ordering of affairs. For myself, I resolved not to be a meddler in
anything. I was well lodged. I had brought in a trunk full of my best
books and papers. I resolved to read and write, and study as hard as
I could all incident questions. On Monday the ministry met in three
divers places; for no one private place could contain us. Out of every
meeting three were chosen, nine in all, to be privy to hear references
from the nobility, barons, burrows, to ripen and prepare what was to
be proponed in public. We laid it on Mr Alexander Somervail, an old
half-blind man, sore against his heart, to preach on Tuesday. He did
pretty well. He insisted at length on the extirpation of all bishops,
little to the contentment of some, but greatly to the mind of the most.
Our privy consultation was about the clerk and the moderator. We were
somewhat in suspense about Mr Alexander Henderson. He was incomparably
the ablest man of us all for all things. We doubted if the moderator
might be a disputer; we expected then much dispute with the bishops and
Aberdeen doctors. We thought our loss great, and hazardous to lose our
chief champion, by making him to be a judge of the party; yet at last,
finding no other man who had parts requisite to the present moderation,
(for in Messrs Ramsay, Dick, Adamson, Pollock, Cant, Livingston,
Bonner, Cunningham, there were some things evidently wanting,) we
resolved that Mr Henderson of necessity behoved to be the man. Mr
Johnston to us all was a nonsuch for a clerk.

“In the afternoon, Rothes, with some commissioners, went to the
Commissioner, shewing, that the custom of our Church was, to begin her
Assemblies with solemn fasting; also, that in absence of the former
moderator, the oldest minister of the bounds or moderator of the
place, used to preach, and moderate the action till another be chosen;
that old Mr John Bell, for the reverence of his person, let be the
other considerations, was meet to begin so great an affair. His Grace
agreed presently to the fast. To the other motion he shewed, that it
was his place to nominate the preacher to begin the action; that he
knew none more worthy of that honour than the man they named; that he
should think upon it. After an hour, he sent Dr Balcanqual to Mr John,
desiring him to preach on the Wednesday, and moderate till another was
chosen. On Tuesday after sermon the fast was intimated, and preaching
in all the churches to-morrow. In the afternoon, we, in our meeting,
appointed preachers for all the churches, as we did so long as we
remained in town, for we took it to be our place. However, Mr John
Maxwell refused to lend his pulpit to any so long as the Commissioner
staid; and craved of his Grace, that none might come there but himself.
So for the two first Sundays, before and after noon, Mr John took the
High Church, and preached after his fashion, nothing to the matter in
hand, so ambiguously that himself knew best to what side he inclined.
I moved in our meeting, that in our advertisements, at least, we might
follow the course of Dort, the commissioners from one presbytery should
have their ordinary meetings to advise together of any matter of
importance; for there were five from every presbytery, three ministers,
one from the shire and one from the burgh, which might help one another
in consideration. This was applauded. But when we came to the action,
this and sundry other good overtures could not be got followed. Every
man behoved to do for himself. Private association could not be gotten
kept. We intended to have had sermon in the afternoon, where we were,
in the great church, and so to have delayed the opening of the synod
till the morrow; but danger being found in law to delay the synod to
another day than the king had appointed, we resolved to let the people
continue in their humiliation in the other churches; but presently
after sermon in the morning, we, the members of the synod, thought meet
to begin our business.

“1. On Wednesday, the 21st of November, with much ado could we throng
into our places, an evil which troubled us much the first fourteen days
of our sitting. The magistrates, with their town-guard, the noblemen,
with the assistance of the gentry, whilst the Commissioner in person,
could not get us entry to our rooms, use what force, what policy they
could, without such delay of time and thrusting through, as grieved and
offended us. Whether this evil be common to all nations at all public
confluences, or if it be proper to the rudeness of our nation alone,
or whether in thir late times, and admiration of this new reformation,
have at all publick meetings stirred up a greater than ordinary zeal
in the multitude to be present for hearing and seeing, or what is the
special cause of this irremediable evil, I do not know; only I know my
special offence for it, and wish it remeided above any evil that ever I
knew in the service of God among us. As yet no appearance of redress.
It is here alone, I think, we might learn from Canterbury, yea, from
the Pope, yea, from the Turks or Pagans, modesty and manners; at least
their deep reverence in the house they call God’s, ceases not till it
have led them to the adoration of the timber and stones of the place.
We are here so far the other way, that our rascals, without shame, in
great numbers, makes such din and clamour in the house of the true God,
that if they minted to use the like behaviour in my chamber, I would
not be content till they were down the stairs.

“When, with great difficulty, we were set down, the Commissioner
in his chair of state; at his feet, before, and on both sides, the
chief of the Council—the Treasurer, Privy Seal, Argyle, Marr, Murray,
Angus, Lauderdale, Wigton, Glencairn, Perth, Tullibardine, Galloway,
Haddington, Kinghorn, Register, Treasurer-Depute, Justice-General,
Amont, Justice-Clerk, Southesk, Linlithgow, Dalziel, Dumfries,
Queensberry, Belhaven, and more; at a long table in the floor,
our noblemen and barons, elders of parishes, Commissioners from
Presbyteries, Rothes, Montrose, Eglinton, Cassils, Lothian, Wemyss,
Loudon, Sinclair, Balmerino Burleigh, Lindsay, Yester, Hume, Johnston,
Keir, Auldbar, Sir William Douglas of Cavers, Durie, younger,
Lamington, Sir John Mackenzie, George Gordon, Philorth, Tairie, Newton.
Few Barons in Scotland of note but were either voters or assessors,
from every burgh, the chief burghs; from Edinburgh, James Cochran
and Thomas Paterson; from all the sixty-three Presbyteries, three
Commissioners, except a very few; from all the four Universities,
also, sitting on good commodious forms, rising up five or six degrees,
going round about the low long table. A little table was set in the
middle, fornent the Commissioner, for the Moderator and Clerk. At the
end, an high room, prepared chiefly for young noblemen, Montgomery,
Fleming, Boyd, Areskine, Linton, Creichton, Livingston, Ross, Maitland,
Drumlanrig, Drummond, Keir, Elcho, and sundry more, with huge numbers
of people, ladies, and some gentlewomen, in the vaults above. Mr John
Bell had a very good and pertinent sermon, sharp enough against our
late novations and Episcopacy. The pity was, the good old man was not
heard by a sixth part of the beholders. That service ended, Mr John
came down to the little table, began the Synod with hearty prayer;
which I seconded with affectionate tears, and many more, I trust,
with me. My Lord gave in his commission to Mr Thomas Sandilands, as
deputed by his father, Mr J. Sandilands, commissar of Aberdeen, clerk
to the last General Assembly. His Grace harangued none at all, as
we expected he would. We found him oft, thereafter, as able to have
spoken well what he pleased, as any in the house. I take the man
to be of a sharp, ready, solid, clear wit; of a brave and masterly
expression; loud, distinct, slow, full, yet concise, modest, courtly,
yet simple and natural language. If the King have many such men, he
is a well-served Prince. My thoughts of the man before that time, were
hard and base; but a day or two’s audience wrought my mind to a great
change towards him, which yet remains, and ever will, till his deeds be
notoriously evil. His commission was in Latin, after a common, legal,
and demi-barbarous style; ample enough for settling all our disorders,
had not a clause containing instructions made it to restrict and serve
ill. I have not yet got the copy. After this, our commissions were
given in to the Moderator and Clerk, for the time, almost every one
in the same tenor and words, containing a power from the Presbytery
to the three ministers and one elder, to reason, vote, and conclude,
in their name, in all things to be proponed, according to the word
of God, and the Confession of Faith of the Church of Scotland, as we
shall be answerable to God and the Church. The Presbyteries, Burghs,
Universities, were called after the order of some roll of the old
Assemblies, not of the latter. This was the labour of the first day.

“2. On Thursday, the second diet, we had no scant of protestations;
more than a round dozen were enacted. After long delay, and much
thronging, being set in our places, the Moderator, for the time,
offered to my Lord Commissioner a leet, whereupon voices might pass
for the election of a new Moderator. Here arose the toughest dispute
we had in all the Assembly. His Grace, the Treasurer, Sir Lewis
Stewart, (for, after the rencounter I wrote of at the Council table,
the Advocate’s service was no more required, but Sir Lewis used in his
room,) reasoning and pressing with great eagerness, that, in the first
place, before any Synodical action, the commissions might be discussed,
lest any should voice as Commissioners whose commission was null, at
least not tried to be valid. This was a ready way to turn the Assembly
upside down, and to put us in a labyrinth inextricable: for, before the
constitution of the Synod, the Commissioner would have so drawn in the
deepest questions—such as the power of elders, the state of ministers
censured by Bishops, and many moe, which himself alone behoved to
determine, no Assembly being constitute for the discussion of any
question. Against this motion, as rooting up all possibility ever to
settle any Assembly, but at the Commissioner’s simple discretion,
Rothes, Loudon, (Balmerino, through all the Assembly resolved to be
well near mute,) Dickson, Livingston, Henderson, reasoned, that custom,
equity, and necessity, did enforce the chusing a moderator and clerk
before the commissions be discussed, or anything else done. After
much subtle, accurate, and passionate pleading—for both sides had
prepared themselves, it seems, for this plea—the Commissioner craved
leave to retire with the council for advisement. After a long stay
in the chapterhouse, returning, he was content to permit voicing for
the moderator; with protestation, That this voicing should not import
his approbation of the commissions of any voicer against whom he was
to propone any just exception in due time, or his acknowledgement of
any voicer for a lawful member of the Assembly. His Grace required
instruments also of another protestation, That the nomination of a
moderator should be no ways prejudicial to the lords of the clergy,
their office, dignity, or any privilege which law or custom had given
them. Against both thir, Rothes took two instruments, in name of the
commissioners from presbyteries and burghs, protesting, That his
Grace’s protestations should in nothing prejudge the lawfulness of any
commission against which no just nullity should be objected in the
time of the trial of the commissions; also, that his Grace’s second
protestation should not hinder the discussing the nature of the office,
and the alledged privileges of the pretended bishops, in this present
assembly. Lord Montgomery, in name of the pursuers of the complaint
against the bishops, protested, That his Grace’s protestation should
not be prejudicial to the discussing in this present assembly, of their
complaints against the persons, titles, dignities, and privileges of
the pretended bishops. Mr Jo. Bell urged the voicing for the moderator;
but his Grace shewed, that there was presented to him a paper, in
name of the bishops, which he required then to be read. Here also was
some sharp reasoning. Divers alledged, that no bill, supplication,
protestation, or whatsoever, should be read to the Assembly, before it
was an Assembly; but immediately after the Assembly’s constitution,
it should be in his Grace’s option to cause read that paper of the
Bishops, or any other, to which the Assembly’s answer should be
returned. After reasoning and requesting, his Grace used his authority
to require the reading of the paper. At once there arose a tumultuous
clamour of a multitude crying, No reading! No reading! This barbarous
crying offended the Commissioner, and the most of all. Silence being
gotten, his Grace protested, That the refusal of hearing that paper
was unjust. Rothes also required acts of his protestation, in name of
the commissioners, That the refusal was just and necessary. All being
wearied with the multiplication of protestations, except the Clerk, who
with every one received a piece of gold, his Grace, whether in earnest
or in scorn, protested of our injury in calling the Lords Bishops
pretended, whom yet the acts of Parliament authorized. Rothes, in our
name, protested, That they behoved to be taken for pretended, till
this Assembly had tried the challenges which were given in against all
their alledged prerogatives. How needless soever many of his Grace’s
protestations seemed to be, yet I was glad for his way of proceeding.
It gave me some hopes of his continuance among us. I thought that this
way of protesting had been resolved wisely in council, whereby the
Commissioner might sit still till the end, and yet, by his presence,
import no farther approbation to any of our conclusions than he found
expedient. By appearance this course had been much better than that
abrupt departure, which his posterior instructions, to all our griefs,
and the great marring of the King’s designs, forced him to. Mr John
Bell again presented his leet for moderation. His Grace shewed, that
his Majesty had written letters to six of the counsellors, Treasurer,
Privy Seal, Argyle, Lauderdale, Carnegie, and Sir Lewis Stewart, as I
think, to be his assessors, not only for council, but voicing in the
synod. Argyle’s letter was publickly read, that this his Majesty’s
desire should be condescended to before any farther proceeding. It was
replied, with all respect to the worthy nobles named, That my Lord
Marquis, in the produced commission, was appointed sole Commissioner;
that assessors were only for council, and not for multiplication of
voices; that the King in person could require but one voice; that the
giving of more voices to the assessors might give way, not only to very
many, as in some unallowable assemblies it had been, but to so many
as by plurality might oversway all. Against this refusal his Grace
protested, with some grief; and we also, desiring that our reasons
might be inserted without protestation. At last we were permitted
to chuse the Moderator. Mr John Ker, Mr John Row, Mr J. Bonner, Mr
William Livingston, and Mr Alexander Henderson, were put in the leet
by Mr John Bell; for the leeting of the new is in the hands of the
old. Messrs Ramsay, Pollock, and Dickson, for withdrawing of votes,
were holden off. All, without exception, went upon the last, as in
the most of our matters there was no diversity at all, or, where any,
it was but of a few. I remember not how his Grace voiced; but it was
his custom to voice rather by way of permission than to say anything
that might import his direct assent; for it seemed he resolved to keep
himself, in all his words and deeds, so free, that he might, when he
would, disavow all that was done, or to be done, in that Assembly. Mr
Henderson being chosen with so full accord, made a pretty harangue,
whether off-hand or premeditated, I know not. There was a conclusion
taken that night, after some reasoning to the contrary, to have but one
session in the day, to sit from ten or eleven, to four or five. So we
were all relieved of the expenses of a dinner. An only breakfast put
us all off till supper; for commonly we sat an hour with candle-light.
We ended this day with the Moderator’s prayers. Among that man’s other
good parts, that was one—a faculty of grave, good, and zealous prayer,
according to the matter in hand; which he exercised, without fagging,
to the last day of our meeting.

“3. In our third session, on Friday November 23, the Moderator
presented a leet to be voiced for chusing the Clerk. Here a longer
dispute than needed fell out betwixt the Commissioner and the
Moderator, whom Rothes, but especially Loudon, did second. The
Commissioner, whether of true intent to have a base clerk, of whose
submissiveness to their injunctions they might be hopeful, or to shew
his piety and equity to see every one kept in their right, where he had
place, though he professed small obligation to the young man, who, for
no entreaty, would be pleased to shew him any blink of the Assembly’s
books; yet pressed much that the young man, Mr Thomas Sandilands,
might serve here, as his father, Mr James Sandilands, Commissar of
Aberdeen, his depute, since his father’s decease could not spoil him
of an advantageous office, whereto he was provided _ad vitam_. Yet it
was carried, that since his father was not provided to that office but
by Mr Thomas Nicolson’s demission, and a corrupt Assembly’s consent,
without any mention of deputation; also, since he was so infirm as he
was unable to attend the service, and unwilling to reside at Edinburgh,
where the registers of the Church behoved to lie; for thir, and many
other reasons, the clerk’s place was found to be vacant. Consideration
was promised to be had of Mr Thomas Sandiland’s interest, which
he submitted to the Assembly’s discretion. In the leet, Mr Thomas
was first, after John Nicol, and Alexander Blair, and Mr Archibald
Johnston. The Commissioner would not voice to any of them, because he
saw no lawful demission of the former clerk. The Moderator then took
his Grace for a _non liquet_. Yesternight’s plea was here renewed. His
Grace required that his assessor’s voice might be craved in the clerk’s
election: the Moderator thought it unfit to trouble their Lordships to
voice about a clerk, since they did not voice to the choosing of the
Moderator, a superior office. Many words were here spent, till at last
reasons in writ were produced, why the Commissioner and his assessors
should have but one voice. I thought, in the time, these reasons were
of an high strain, and some of them struck deeper on authority than I
could have wished. Traquair craved a double of them, and promised an
answer; but the subsequent affairs, or somewhat else, hindered that
answer yet to appear. This high, yea highest question, (for in all the
Assembly we had nothing else that concerned authority,) was closed by
the renewing of yesternight’s protestation, on both sides.

“The leet put to voicing, Mr Archibald Johnston, by all save one,
was elected. Being deeply sworn, he was admitted to all the rights,
profits, privileges, which any in former time had enjoyed by that
place: To him, Mr James Sandilands, in face of the Assembly, delivered
two registers, which contained the acts of the kirk since the year
1590, testifying that his father had never any more in his custody.
The Moderator required all earnestly to procure the production of any
of the church-registers that could be had; for the loss of such a
treasure as the Church’s evidence, was pitiful. His Grace protested his
willingness to do his endeavour for so good a work. Rothes intreated
that the Bishops might be caused deliver what they had: for it was
known that King James had sent a warrant to Mr Thomas Nicolson, late
Clerk, to deliver to the Bishop of St Andrew’s, the Registers of the
Church. After much regretting the irreparable loss of these writs, the
new Clerk declared, that by the good providence of God, these books
they spake of were come to his hands, which he there produced to all
our great joy. Five books in folio, four written and subscribed, and
margined with the known hands of one Gray and Ritchie, clerks to the
General Assembly, containing the full register from the Reformation
in 1560, to the year 1590, where Mr Thomas Sandilands’s books began,
except some leaves which Bishop Adamson had torn out. Thir one Winram,
depute to Mr Thomas Nicolson, had left to one Alexander Blair, his
successor in office, from whom Mr Johnston had got them. The first was
an extract, by way of compend, from the 1560 to the 1590, whereby,
in a good part, the twenty-three leaves of Adamson’s rapine might
be restored. The moderator craved that these books might be sighted
by Argyle, Lauderdale, and Southesk: but the Commissioner would not
permit his assessors to undertake such employment, since they were
refused to voice in the Assembly; but he was content that a committee
of the members of the synod should be named, to try if these books
were authentick and full registers. So Mr Andrew Ramsay, Mr John
Adamson, Mr James Bonner, Mr John Row, Mr William Livingston, Mr
Robert Murray, with young Durie, the clerk of Dundee, and Mr Alexander
Pierson, advocate, were appointed to their report and reasons, as soon
as they could. The moderator then required, that for the Assembly’s
full constitution, the commissions might be put to trial. But the
commissioner caused D. Hamilton first to be called, and present
his paper to be read. His Grace urged much, that, since the former
objections were removed, of the want of a moderator and clerk, the
paper might now be read. It was replied, over and over, that it could
not be, till by the discussion of the commissions the Assembly were
constitute. Traquair pressed—That the paper possibly had exceptions
against the lawfulness of the election of the commissioners, which were
impertinent to alledge, if once they were approven. The Commissioner
assured, he knew not what was in these papers; but, presupposing they
were formed for the opening of the eyes of those who were to voice
anent the members of the Assembly, it was the only time to read them
before the voicing. Rothes replied—That exception against particular
commissioners might not be proponed, until the trial of their
commissions; and exceptions against the whole Assembly could not be
heard till it were an Assembly. The moderator added, that if in that
paper there were any light to open their eyes, they should shortly
profess their repentence of their error in not reading it, when it was
required. His Grace protested—That this not reading before the trial
of the commissions, should import no prejudice to the lords of the
clergy, and their adherents; and of this protestation he required an
act from the new clerk’s hand. The clerk said, he could write no act
without the Assembly’s warrant, and it could give no warrant till once
it was in being. The Commissioner then required instruments, in my Lord
Register’s hands, of his protestation, since the clerk refused. The
clerk shewed his willingness, at the moderator’s directions, to write
his Grace’s protestation; but might give no extracts till the Assembly
were constitute. In the forming of this protestation, the clerk, I
thought, was to seek in that; his wit he kythed ever thereafter; the
act behoved to be formed and reformed; the commissioner and the clerk
shaped it over and over again, ere they could fall on a fashion which
his Grace could like. This made me pity Johnston, and think him the
better advocate than clerk; but the youth’s tried sufficiency in both
the acts proves my mistaking, or at least that this intake in the first
entry to his office was but occasional, and merely accidental.

“In the progress of this dispute his Grace shewed the necessity that
was laid on him, in this passage, to be punctually circumspect, for
howbeit he was a great Commissioner; yet he was but a poor subject and
servant, liable to account for all his service. Much reasoning was that
the bishops’ exceptions against the judges should be heard, before they
were acknowledged and constitute for judges. When Traquair and Loudon
had harped on this string a while, Argyle lends in his word, that a
party gives in their exceptions against the assize before it be sworn;
so why might not the bishops give in their exceptions against the
Assembly, which now was like an assize, called and conveened, but not
yet sworn? The moderator cuttedly, (as the man naturally hath a little
choler, not yet quite extinguished,) answered—That the Commissioner,
his Grace, was of great sufficiency himself; that he only should speak
there; that they could not answer to all the exceptions that a number
of witty noblemen could propone; that these who were not commissioners
would do well to inform his Grace of what they thought meet, in
convenient time. This check, I believe, was intended more for others
than for Argyle, who would have taken it worse if it had fallen on
their fingers. Always Loudon took it off in a quick jest, that my Lord
Argyle’s instance was good, if the bishops had compeared as pannelled
men before an assize. This wearisome plea ended that day’s action, for
his Grace acquiesced in his protestation.”

       *       *       *       *       *

Having thus, by the foregoing notes and extracts, in some measure
prepared the general reader for entering on an examination of the Acts
and Proceedings of the General Assembly of 1638, it only remains that
we should explain the arrangement which we have adopted in digesting
the subject-matter of these pages; and, in stating the following
outline of that arrangement, with respect to one Assembly, it is right
to state, that we mean to follow out the same plan with regard to all
the years that follow. In reference, then, to this first Assembly, we
shall present our materials in the following order, viz.:—

I. The Acts of the Assembly, which were extracted by the Clerk, and
printed in the year 1639.

II. An Abstract of the Proceedings, and a List or Index of all the Acts
of the Assembly, authenticated by Archibald Johnston the Clerk, copied
from an extract thereof under his hand, which is deposited in the
Advocates’ Library.

III. Historical Documents relative to the events which occurred in
Scotland betwixt 1633, and the sitting of the Assembly in Nov. 1638.

IV. A Report of the Discussions in that Assembly, from an unpublished
contemporary M.S.

V. Notes and Illustrations of these proceedings, derived from
contemporary and collateral sources.

In closing these introductory remarks, we must guard ourselves against
the possible imputation of being blind and indiscriminate admirers of
the Covenanters. We are fully alive to all the exceptionable points in
their character and career; and we should have studied our country’s
history and human nature very superficially indeed, if we had not,
long ere now, discovered the infirmities and obliquities which were
mingled with their higher attributes. It cannot be doubted by any
man who has studied the history of the period of which we have given
a rapid sketch, that they often swerved from what was the straight
path of rectitude; and it is impossible to peruse even the most
partial narrative of their consultations, without also discerning, in
the policy and proceedings of the Covenanters, the alloy of selfish
interests and grovelling passions—the fumes of fanaticism, the
unrectified workings of a semi-barbarous spirit, and much democratic
insolence. There was withal a tone of preternatural sanctity assumed,
which savours strongly of hypocrisy in many of the individuals who
figured in their counsels. But, after giving full effect to all
these deductions from their merits, we can never forget that these
deformities were, in a great measure, created and brought prominently
into view by circumstances which rendered it almost impossible that
such characteristics should not have been called into existence. We can
never forget that they were goaded into the courses which they pursued
by an unjustifiable series of aggressions on the dearest interests of
human beings—by an open and outrageous assumption of arbitrary power
over the lives, property, and liberties, civil and religious, of the
country; and that their numerous loyal and dutiful supplications for
redress and security, were treated with duplicity and contempt. And
above all, we can never forget that it is to the noble stand which
was made by the Covenanters of Scotland against arbitrary power and
Popish tyranny in disguise, two hundred years ago, that we are, in a
great measure, indebted for the enjoyment of the invaluable Protestant
Institutions in Church and State which we now possess, and which, in
the course of time, and from new combinations of causes, seem, in the
present day, to be once more exposed to similar perils. May the present
generation, in the maintenance of these precious institutions, avoid
those errors—the simulation and the intolerance of former times—and may
their patriotism be elevated to purity by imitating only the virtues of
the Scottish Covenanters!




THE

PRINCIPALL ACTS

OF THE

SOLEMNE GENERALL ASSEMBLY

OF THE

KIRK OF SCOTLAND,


Indicted by the KINGS MAJESTIE, and conveened at Glasgow the XXI. of
Nov. 1638; Visied, Collected, and Extracted forth of the Register of
the Acts of the Assembly, by the Clerk thereof. Edinburgh, printed by
the Heirs of ANDREW HART. Anno Dom. 1639.


_The King’s Commission to James Marquesse of Hamiltoun._[23]

Carolus Dei gratia, Magnæ Britanniæ, Franciæ, & Hiberniæ Rex,
fidcique Defensor, Omnibus probis hominibus suis ad quos præsentes
literæ pervenerint, Salutem. Sciatis nos considerantes magnos in
hoc regno nostro Scotiæ non ita pridem exortos tumultus, ad quos
quidem componendos multiplices regiæ nostræ voluntatis declaretiones
promulgavimus, quæ tamen minorem spe nostrâ effectum hactenus
sortitæ sunt: Et nunc statuentes ex pio erga dictum antiquum regnum
nostrum affectu, ut omnia gratiosè stabiliantur & instaurentur, quod
(per absentiam nostram) non aliâ ratione melius effici potest quam
fideli aliquo Delegato constituto, cui potestatem credere possimus
tumultus hujusmodi consopiendi, aliaque officia præstandi, quæ in
bonum & commodum dicti antiqui regni nostri eidem Delegato nostro
imperare nobis videbitur. Cumque satis compertum habeamus obsequium,
diligentiam, & fidem prædilecti nostri consanguinei & consiliarii,
JACOBI MARCHIONIS HAMILTONII, Comitis Arraniœ & Cantabrigiæ, Domini
Aven & Innerdail, &c. eundemque ad imperata nostra exequenda
sufficienter inatructum esse, Idcirco fecisse & constituisse,
tenoreque præsentium facere & constituere præfatum prædilectum nostrum
consanguineum & consiliarium JACOBUM MARCHIONEM de HAMILTOUN nostrum
Commissionarium ad effectum subscriptum. Cum potestate dicto JACOBO
MARCHIONI de HAMILTOUN, &c. dictum regnum nostrum adeundi, ibidemque
præfatos tumultus in dicto regno nostro componendi, aliaque officia
à nobis eidem committenda in dicti regni nostri bonum & commodum
ibi præstandi, eoque Concilium nostrum quibus locis & temporibus ei
visum fuerit convocandi, acrationem & ordinem in præmissis exequendis
servandum declarandi & præscribendi; & quæcunque alia ad Commissionis
hujus capita pro commissâ sibi fide exequenda, eandemque ad absolutum
finem perducendam et prosequendam conferre possunt tam in Concilio
quam extra Concilium, nostro nomine efficiendi & præstandi; idque
similitèr & adeo liberè ac si nos in sacrosancta nostra persona ibidem
adessemus. Præterea cum plena potestate dicto JACOBO MARCHIONI de
HAMILTOUN, prout sibi videbitur nostro servitio & bono dicti regni
nostri conducere, conventum omnium ordinum ejusdem regni nostri
indicendi, ac publica comitia & conventus eorundem ordinum eorumve
alterius vel utriusque quibus temporibus & locis sibi visum fuerit
statuendi, & ibidem nostram sacratissimam personam cum omnibus
honoribus & privilegiis supremo Commissionario nostri Parliamenti
& publici conventus incumben similiter adeoqae amplè sicut quivis
supremus Commissionarius quocunque tempore retroacto gavisus est
gerendi: Necnon cum potestate præfato JACOBO MARCHIONI de HAMILTOUN
Synodos nationales ecclesiæ dicti regni nostri tenendas temporibus &
locis quibus sibi visum fuerit indicendi, & ibidem seipsum tanquam
nostrum Commissionarium gerendi, omniaque eisdem tenendis inservientia
secundum leges & praxin prædictæ ecclesiæ & regni nostri præstandi: Et
hac præsenti nostrâ Commissione durante nostro beneplacito duratura,
& semper donec eadem per nos expressè inhibeatur. In cujus rei
testimonium, præsentibus magnum sigillum nostrum unà cum privato nostro
sigillo (quia præfatus MARCHIO de HAMILTOUN impræsentiarum eat magni
sigilli custos) apponi præcepimus, Apud Oatlands vigesimo nono die
mensis Julii, Anno Domini millesimo sexcentesimo trigesimo octavo, Et
anno regni nostri decimo quarto.

Per signaturam manu S.D.N. Regis suprascriptam.




_The King’s Letter to the Generall Assembly._


Although We be not ignorant that the best of Our actions have beene
mistaken by many of Our subjects in that Our antient Kingdome, as
if We had intended innovation in Religion or Lawes; yet considering
nothing to be more incumbent to the duty of a Christain King, then
the advancement of God’s glory, and the true religion; forgetting
what is past, We have seriously taken to Our Princely consideration
such particulars as may settle and establish the truth of Religion in
that Our ancient Kingdome, and also to satisfie all Our good people
of the reality of Our intentions herein, having indicted a free
Generall Assembly to be kept at Glasgow the 21. of this instant; We
have likewise appointed Our Commissioner to attend the same, from whom
you are to expect Our pleasure in every thing, and to whom We require
you to give that true and due respect and obedience, as if We were
personally present Ourselves. And in full assurance of Our consent to
what he shall in Our name promise, We have signed these, and wills the
same for a testimonie to posterity to be registered in the Bookes of
the Assembly. At White-Hall the 29. of October 1638.




Act Sess. 6. November 27. 1638.


The testimonie of the Committy, for tryall of the Registers, subscribed
with their hands, being produced, with some reasons thereof in another
paper, and publickly read; My Lord Commissioner professed that it had
resolved him of sundry doubts, but desired a time to be more fully
resolved.

The Moderatour desired that if any of the Assembly had anything to say
against the said testimonie for the books, that they would declare it;
and finding none to oppon, yet he appointed the day following, to any
to object anything they could say, and if then none could object, the
Assembly would hold the Registers as sufficiently approven.




Act. Sess. 7. November 28.

_Act. Approving the Registers._


Anent the report of the Assemblies judgment of the authority of the
books of Assembly; the Moderatour having desired that if any of the
Assembly had anything to say, they would now declare it, otherwise they
would hold all approven by the Assembly.

The Commissioner his Grace protested that the Assemblies approving
these books, or anything contained in them be no wayes prejudiciall to
his Majestie, nor to the Archbishops, and Bishops of this Kingdome, or
any of their adherents; because he had some exceptions against these
books. My Lord Rothes desired these exceptions to be condescended on,
and they should be presently cleared, and protested that these books
should be esteemed authentick and obligaterie hereafter.

The whole Assembly all in one voice approved these books, and ordained
the same to make faith in judgment, and out-with, in all time comming,
as the true and authentick Registers of the Kirk of Scotland, conform
to the testimonie subscribed by the Committie, to be insert with the
reasons thereof in the books of Assembly: Whereof the tenour followeth.

WE under-subscribers, having power and commission from the generall
Assembly now presently conveened, and sitting at Glasgow, to peruse,
examine, and cognosce upon the validity, faith and strength of the
books and registers of the Assembly, under-written, to wit: A register
beginning at the Assembly holden the twentie day of December 1560, and
ending at the fourth session of the Assembly holden the 28 of December
1566.

Item, another register beginning at the generall Assembly, holden
the second day of June 1567, and ending at the fourth session of the
Assembly holden at Perth the ninth day of August 1572, which register
is imperfect, and mutilate in the end, and containeth no leaf nor page
after that page which containeth the said inscription of the said
fourth session; which two registers bears to be subscribed by John Gray
scribe.

Item, a register of the Assembly holden at Edinburgh the seventh day
of August 1574, and ending with the twelfth session, being the last
session of the Assembly 1579.

Item another register beginning at the Assembly holden at Edinburgh
the tenth of May 1586. and ending in the seventeenth session of the
Assembly holden in March. 1589.

Item another, register being the fifth book, and greatest volume,
beginning at the Assembly holden in Anno 1560. and ending in the year
1590.

Having carefully viewed, perused and considered the said registers,
and every one of them, and being deeply and maturely advised, as in a
matter of greatest weight and consequence, do attest before God, and
upon our conscience declare to the world and this present Assembly,
that the saids foure registers above expressed, and every one of them,
are famous, authentick, and good registers; which ought to be so
reputed, and have public faith in judgement and out-with, as valid and
true records in all things; and that the said fifth and greatest book,
beginning at the Assembly 1560 and ending 1590. being margined by the
hand-writs of the Clerk, and reviser of the registers, cognosced, and
tryed, and agreeable to the other foure registers, in what is extant
in them, ought also to be free of all prejudice and suspicion, and
received with credit. And in testimonie of our solemne affirmation, we
have subscribed these presents with our hands.

Sic subscribitur,

  Master ANDREW RAMSAY.
  Master IOHN ADAMSON.
  Master IOHN ROW.
  Master ROBERT MURRAY.
  Master ALEXANDER GIBSON.
  Master IAMES BONER.
  Master ALEXANDER PEERSON.
  Master ALEXANDER WEDDERBURN.

_Reasons prooving the five Books and Registers produced before the
Assembly to be authentick._

The books now exhibited unto us under-subscribers, which we have
revised and perused by commission from the generall Assembly, are true
registers of the Kirk: to wit, Five Volumes, whereof the first two
contain the acts of the Assembly, from the year of God 1560. to the
year 1572. all subscribed by Iohn Gray; Clerk: The third from the year
of God 1574. to the year 1579: The fourth from the year of God 1586.
to the year 1589: At which time Master Iames Ritchie was Clerk, who
hath frequently written upon the margine of the saids two last books,
and subscribed the said margine with his hand-writing. And the fifth
book being the greatest volume, containing the acts of the generall
Assembly, from the year of God 1560. to the year 1590. which agreeth
with the foresaids other foure books and registers, in so far as is
extant in them, and further recordeth, what is wanting by them, passing
by what is mutilate in them, and which with the two Volumes produced by
Master Thomas Sandilands from the year 1590. to this present, maketh up
a perfect register.

I. For the first two Volumes subscribed by John Gray, albeit it be not
necessar in such antiquietie to proove that he was Clerk, seeing he
designes himself so by his subscription, yet the same is made manifest
by an act mentioned in the third book, in the time of Master Iames
Richie, who succeeded him in the said office, and his hand-writ was
acknowledged by sundry old men in the ministery.

II. The uniformitie of his subscriptions through both Volumes, evident
by ocular inspection above the ordinarie custome of most famous Notars,
delivers the same from all suspicion _in facto tam antiquo_.

III. There be many coppies, specially of general acts, yet extant,
which do not debord from the saids registers, but are altogether
agreeable thereto.

IIII. It is constant by the universal custome of this Kingdome, that
all registers are transmitted from one keeper to his successour, and
so comming by progresse and succession from the first incumbent to
the last possessour, are never doubted to be the registers of that
judicatorie, whereof the last haver was Clerk; and therefore it is
evident that these books comming successively from Iohn Gray, Master
Iames Richie, and Master Thomas Nicolson who were all Clerks to the
Assembly, into the hands of Master Robert Winrame, who was constitute
Clerk depute by the said Master Thomas Nicolson, (as his deputation
here present to show, will testifie,) are the undoubted registers of
the Assembly: like as Alexander Blair succeeded the said Master Robert
in his place of Clerkship to the assignations and modifications of
Ministers stipends; and during Master Robert his life-time, was his
actuall servant, and so had the said books by progresse from him, which
the said Alexander is readie presently to testifie.

V. The two registers of Master Iames Richie, albeit not under his own
hand, yet are frequently margined with his own hand-writ, and the same
marginall additions subscribed by him; which hand-writ is seen and
cognosced by famous men, who knoweth the same; and is evident, being
compared with his several writings and subscriptions yet extant.

VI. The saids registers are more perfect, lesse vitiated, scored, and
interlined, than any other authentic and famous registers of the most
prime judicatories within this Kingdome.

VII. Master Thomas Sandilands, in name of his father, who was late
Clerk by dimission of Master Thomas Nicolson, hath produced a volume,
which proveth the saids two registers of Master Iames Richie to be
sufficient records; because that same Volume is begun by that same
hand, whereby the said Master Iames Richie his registers are written,
and is subscribed once in the margine by Master Iames Richie his hand,
and is followed forth, and continued in the same book by Master Thomas
Nicolson, who succeeded him in the place, and was known by most men
here present to be of such approven worth and credit, that he would
never have accomplished a register which had not been famous and true:
and whereof the hand-write, had not then been known to him sufficiently.

VIII. That register produced by Master Thomas Sandilands, and
prosecuted by Master Thomas Nicolson, proves the first part of that
register to be true and famous; and that first part being, by ocular
inspection, of the same hand-writ with Master Iames Richies registers,
and subscribed in the margine with the same hand-writ, proveth Richies
two books to be good records, and Richies registers doth approve Grays
books by the act of Assembly before written; specially considering the
same hath come by progresse and succession of Clerks, in the hands of
Alexander Blair, now living, and here present.

IX. The compts anent the thirds of benefices between the Regent for the
time and the Assembly, in the second volume, pag. 147, are subscribed
by the Lord Regents own hand, as appeareth; for it is a royall-like
subscription, and there is no hand-writ in all the book like unto it,
and beareth not _sic subscribitur_, which undoubtedly it would do, if
it were a coppie.

X. Master Iames Carmichell was commanded by the generall Assembly 1595,
Sess. 9, in the book produced by Master Thomas Sandilands, to extract
the generall acts forth of their books; and it is evident that these
books are the same which he perused for that effect, because he hath
marked therein the generall acts with a crosse, and hath designed the
act by some short expression upon the margine, which is cognosced
and known to be his hand writ, by famous and worthy persons; which
is also manifest by the said Master Iames his band and subscription,
written with his own hand in the last leafe of the said books; as also
acknowledged in the said book produced by Master Thomas Sandilands,
wherein the said Master Iames Carmichell granteth the receipt of these,
with some other books of the Assemblies.

XI. The registers produced, are the registers of the Assembly, because
in Anno 1586, the Assembly complaineth that their registers are
mutilate: which hath relation to Richies third book, which is lacerat
and mutilate in divers places, without any interveening of blank paper,
or any mention of _hic deest_.

XII. If these were not principall registers, the enemies of the puritie
of Gods worship, would never have laboured to destroy the same: which
notwithstanding they have done; as appeareth by the affixing and
battering of a piece of paper upon the margine, anent a condition of
the commission not to exceed the established discipline of this Kirk,
subscribed by the Clerk, book 3. pag. 147. And the blotting out the
certification of the excommunication against Bishop Adamson, book 4.
pag. 30. who in his Recantation generally acknowledgeth the same: but
which, without that recantation, cannot be presupponed to have been
done, but by corrupt men, of intension to corrupt the books, which were
not necessary, if they were not principall registers.

XIII. In the Assembly 1586, The Church complained upon the Chancelour
his retention of their registers, & desired they might be delivered to
their Clerk, which accordingly was done; as a memorandum before the
beginning of the first book, bearing the redeliverie of these foure
books to Master Iames Richie, Clerk, proporteth; which clearly evinceth
that these foure books are the registers of the Assembly.

XIV. The said fifth book and greatest Volume, is also marked on the
margine, with the hand writ of the said Master James Carmichell (which
is cognosced) who was appointed to peruse the books of the Assembly
as said is, and would not have margined the same by vertue of that
command, nor extracted the generall acts out of it, if it were not an
approbation thereof, as an authentick and famous book.

XV. The said fifth volume doth agree with the other foure books, in all
which is extant in them, and marketh the blanks, which are lacerate and
riven out of the same; and compleateth all what is lacking in them.

XVI. In the book of Discipline pertaining to Master Iames Carmichel,
subscribed by himself, and Master Iames Richie, there are sundry acts
and passages quotted out of the said fifth great Volume, saying, It
is written in such a page of the book of Assembly, which agreeth in
subject and quottations with the said fifth book, and cannot agree
with any other; so that Master Iames Carmichel reviser of the Assembly
books, by their command, would not alledge that book, nor denominate
the same a book of the Assembly, if it were not an authentic famous
book.

XVII. Though the corrupt nature of man hath been tempted to falsifie
particular evidents, yet it hath never been heard that any whole
register hath ever been counterfeited; neither can it bee presupponed
that any will attempt that high wickednesse, seeing the inducements
answerable to that crime, can hardly be presupposed.

XVIII. It is certain, and notour to all these who are intrusted with
the keeping of the publick records of the Kingdome, that the same
are never subscribed by the Clerk, but only written and filled up
by servants, and most frequently by unknown hands, yet they and the
extracts thereof make publick faith, and the same are uncontrovertedly
authentick registers: and when the most publick registers of the
Kingdome shall be seen, and compared with these registers of the
Assembly, it shall be found that these other registers of the most
soveraigne judicatories ever unsubscribed are more incorrect, oftner
margined, scored, and interlined, made up by greater diversitie of
unknown hand-writs, than these books of the Assembly, which by speciall
providence are preserved so intire, that in the judgment of any man
acquainted with registers, they will manifestly appear at the very
sight to be true, famous, and authentick.

XIX. The fame and credit of ancient registers in this Kingdome, is
so much reverenced, that if any extract be different or disconforme
from the register, that extract albeit subscribed by the person who
for the time had been of greatest eminence in the trust of registers,
will be rectified, conforme to the register, and have no force, so far
as it debordeth there-from; although the registers be written with an
obscure, unknown hand, and unsubscribed.




Act Sess. 12. December fourth.

_The six late pretended Assemblies condemned._


Anent the report of the Committie, for trying the six last pretended
Assemblies: They produced in writ sundrie reasons, clearing the
unlawfulnesse and nullitie of these Assemblies: which were confirmed
by the registers of the Assembly, the books of Presbyteries, the
Kings Majesties own letters, and by the testimonie of divers old
reverend Ministers, standing up in the Assembly, and verifying the
truth thereof. The Assembly with the universall consent of all, after
the serious examination of the reasons against every one of these six
pretended Assemblies apart, being often urged by the Moderatour, to
informe themselves throughly, that without doubting, and with a full
perswasion of minde, they might give their voices, declared all these
six assemblies, of Linlithgow 1606. and 1608, Glasgow 1610. Aberdeen
1616. St Andrews 1617. Perth 1618, And every one of them to have been
from the beginning unfree, unlawfull, and null Assemblies, and never
to have had, nor hereafter to have, any Ecclesiasticall authoritie,
and their conclusions to have been, and to bee of no force, vigour,
nor efficacie: Prohibited all defence and observance of them, and
ordained the reasons of their nullitie to be insert in the books of the
Assembly: Whereof the tennour followeth:


_Reasons annulling the pretended Assembly, holden at Linlithgow, 1606._

I. From the indiction of it. It was indicted the third of December,
to bee kept the tenth of December. And so there was no time given to
the Presbyteries, far distant, neither for election of Commissioners,
nor for preparation to those who were to be sent in Commission. The
shortnesse of the time of the indiction is proved by the Presbyterie
books of Edinburgh, Perth, and Hadingtoun, &c.

II. From the want of a lawfull calling, to these who went to that
meeting, seeing they were not at all elected by their Presbyteries, but
were injoyned to come by the Kings letters. This also is proved by the
foresaids books of the Presbyteries, and by his Majesties letters.

III. From the nature of that meeting, which was only a private meeting,
or convention, for consultation to be taken by some persons of sundry
estates written for, as the Kings letters and the Presbyterie books do
acknowledge.

IIII. From the power of these ministers who were present Their
Presbyteries did limitate them: First, That they should give no
suffrages in that meeting as a generall Assembly. Secondly, That
they agree to nothing that may any wayes be prejudiciall to the acts
of the generall Assemblies, or to the established discipline of the
Kirk. Thirdly, That they should not agree to resolve or conclude
any question, article, or matter whatsoever, the decision whereof
is pertinent, and proper to a free generall Assembly. Fourthly, If
anything be concluded contrary thereunto, that they protest against it.
These limitations are clear by the Presbyterie books.

V. The acts of this meeting were not insert in the book of Assemblies,
as is evident by the register.

VI. The next pretended Assembly at Linlithgow, 1608. doth acknowledge
the Assembly, Whereof Master Patrick Galloway was Moderatour, to have
been the last immediate Assembly, preceeding itselfe: and that Assembly
wherof he was moderatour, was the Assembly holden at Halyroodhouse,
1602. So they did not acknowledge that meeting at Linlithgow, 1606. for
any Assembly at all. This is clear by the registers of the Assembly,
1608. in the entrie thereof.


_Reasons for annulling the pretended Assembly at Linlithgow, 1608._

I. Manie of the voters in that pretended Assembly had no lawfull
commission from the Kirk, to wit, 42. Noble men, officers of estate,
counsellours, and Barrons, also the Bishops, contrare to the act
of Dundie, 1597, and one of their caveats. The Noble men, were as
commissioners from the King; the Bishops had no commission at all from
the Presbyteries, for every Presbyterie out of which they came, had
their full number of Commissioners beside them, as the register of the
Assembly beareth.

II. In a lawfull Assembly there should be none but Commissioners from
Presbyteries, Burghs, and Universities, and but three ministers at
most, with one Elder, Commissioners from every Presbyterie, according
to the act made at Dundie, 1597. But in that pretended Assembly, there
were foure ministers from the severall Presbyteries of Edinburgh, and
Cowper, five from the Presbyterie of Arbroth, as the roll of the said
pretended Assembly beareth; whereas there were no ruling Elders sent
from Presbyteries, according to the book of policie and act of Dundie.


_Reasons for annulling the pretended Assembly at Glasgow. 1610._

I. The Commission of the pretended Commissioners to that meeting was
null. 1. Because the election of them was not free, seeing they were
nominate by the Kings Letters, as the Presbyterie books of Edinburgh,
Perth, and Hadingtoun declare. And the Bishop of St Andrews in his
letter to some Presbyteries required them to send such commissioners
as the King had nominate: assuring them that none other would be
accepted. This the Bishops letter registrat in the Presbyterie books
of Hadingtoun doth cleare. 2. And whereas there were no ruling elders
sent from the Presbyteries to that pretended Assembly, as the roll
of Commissioners sheweth; yet there were moe ministers from sundrie
severall Presbyteries then three, as five from Brechen, five from
Arbroth, five from Kirkcubright, seven from the Presbytery of Argyl,
foure from the Presbyterie of Cowper, foure from Linlithgow, foure
from Pasley, foure from Hammiltoun, foure from Drumfreis, foure from
Dunkell: as the register of that Assembly beareth.

II. There were thirtie voters of Noble men and Barrons, beside the
pretended Bishops, who had no commission from any Presbyterie. In the
fourth Session of this pretended Assembly it is plainly said, That the
Noble men and Barrons came to it by the Kings direction.

III. The voting of the commissioners was not free; for by the Kings
Letter to the Assembly they were threatned, and it was declared that
their consent was not needfull to any act to be made there: The King
might doe it by his own power, yet they were allured to vote by a
promise that their good service in so doing should be remembred and
rewarded thereafter.

IIII. The principall acts which were made, were set down _verbatim_
in the privie conference, which chiefly consisted of the Kings
Commissioners and pretended Bishops, and only read to be ratified in
the Assembly.

V. Sundrie ministers then present, doe now declare, that they knew
the ministers who voted the wrong way, to have received their present
reward, and that money was largely dealt unto them.


_Reasons for annulling the pretended Assembly at Aberdene, 1616._

I. There was no election of a Moderatour: but that place usurped by the
pretended Bishop of Saint Andrews, as the Register beareth.

II. The indiction of that pretended Assembly was but twentie dayes
before the holding of it: so that the Presbyteries and burghes could
not be prepared for sending their commissioners: which caused the
absence of many Presbyteries and fourtie foure Burghes.

III. There were twentie five noble-men, and gentlemen voters without
commission from the Kirk. Mr. William Struthers voted for the
Presbyterie of Edinburgh, yet had no commission there-from; The
commission being given by that Presbyterie to other three, as the
said Commission registrat in the books of the Presbytery beareth. And
whereas there should be but one Commissioner from every burgh, except
Edinburgh, to the Assembly, at this pretended Assembly, there were two
Commissioners from Glasgow, two from Cowper, two from St. Andrews;
whereas there wore no ruling Elders having commission from their
Presbyteries at that Assembly.

IIII. When the acts of that pretended assembly were written, the Bishop
of St. Andrews with his own hand did interline, adde, change, vitiate,
direct to be extracted or not extracted, as he pleased: as the scrolls
themselves seen, doe show; wherefore the Clerk did not registrat the
acts of that Assembly, in the books of Assemblies, as may be easily
seen by the blank in the register left for them remaining unfilled.


_The nullitie of the pretended Assembly at Saint Andrews, 1617._

I. There is no mention of it in the register of the Assemblies, and so
no warrand for their commissions, their Moderatour or Clerk.

II. The indiction of it was so unformall, that as the scroll declareth,
a great part of the Commissioners from Synods, Burrows, and gentle-men,
would not be present.

III. The Kings Majestie in his letter to Perths Assembly, acknowledgeth
it was but a meeting, wherein disgrace was offered to his Majestie.

IIII. The former corruptions of the foure preceding Assemblies had
their confluence in this and the subsequent Assembly.


_Reasons for annulling the pretended Assembly holden at Perth, 1618._

I. The Assembly was indicted but twentie dayes before the holding of
it: and all parties requisit received not advertisement, as appeareth
by their absence. The untimous indicting of it, is cleared by
Presbyterie books.

II. There was no election of the Moderatour, as was accustomed to be in
lawfull Assemblies; the register cleareth this.

III. No formall election of their new Clerk.

IIII. There were five whole Dyocies absent, viz. Orknay, Cathnes,
Rosse, Argyll, and Isles; and many Presbyteries had no Commissioners
there, as the register of that pretended Assembly beareth.

V. There were nineteen noblemen and Barrons, eleven Bishops, that
had no Commission from the Kirk. Whereas the act for constitution
of Assemblies, ordaineth every Burgh to have but one Commissioner,
except Edinburgh, which may have two, (Act at Dundie 1597) yet in that
pretended Assembly, Perth had three Commissioners, Dundie had two,
Glasgow had two, and St. Andrews had two: Of the Burghes there were
thirtie six absent: and for ruling Elders, there were none at all with
commission from their Presbyteries. All these things are cleared by the
records of that pretended Assemblie.

VI. The Commissioners from some Presbyteries exceeded their number,
prescribed in the act at Dundie, 1597: for the Presbyterie of
Arbroth were foure Commissioners, and foure for the Presbyterie
of Aughter-ardour: Beside these that were heard to vot, having no
commission at all, and some who had commission were rejected, and were
not enrolled, but others put in their place without commission.

VII. The pretended Bishops did practise some of the articles to be
concluded there, before the pretended Assembly, in Edinburgh, St.
Andrews, and other cathedrall Churches, by keeping festivall dayes,
kneeling at ye Communion. Thus their voices were prejudged by their
practise of these articles before condemned by the Kirk, and therefore
they should have been secluded from voicing.

VIII. In all lawfull Assemblies, the voicing should be free: But in
this pretended Assembly there were no free voicing; for the voicers
were threatned to voice _affirmativè_, under no lesse pain nor
the wrath of authoritie, imprisonment, banishment, deprivation of
ministers, and utter subversion of the state: Yea, it was plainly
professed, that neither reasoning, nor the number of voices should
carie the matter away: Which is qualified by the declaration of many
honest old reverend Brethren of the ministery now present.

IX. In all lawfull Assemblies, the grounds of proceeding were, and used
to be, the word of God, the confession of Faith, and acts of former
generall Assemblies. But in this pretended Assembly, the ground of
their proceeding in voicing was the Kings commandment only: For so the
question was stated: _Whether the five articles, in respect of his
Majesties commandement should passe in act, or not:_ As the records
of that pretended Assembly beareth, where it is declared, that for
the reverence and respect which they bear unto his Majesties Royal
commandements, they did agree to the foresaids articles.

X. Many other reasons verifying the nullitie of all these Assemblies,
were showen and proven before the Assembly, which needeth not here to
be insert.

       *       *       *       *       *

Act. Sess. 13. December 5. 1638.

_Against the unlawfull oathes of intrants._

The six Assemblies immediately preceding, for most just and weightie
reasons above-specified, being found to be unlawfull, and null from the
beginning: The Assembly declareth the oathes and subscriptions exacted
by the Prelates of intrants in the ministerie all this time by past
(as without any pretext of warrand from the Kirk, so for obedience of
the acts of these null Assemblies, and contrare to the ancient and
laudable constitutions of this Kirk, which never have been nor can
be lawfully repealled, but must stand in force) to be unlawfull and
no way obligatorie. And in like manner declareth, that the power of
Presbyteries, and of provinciall and generall Assemblies, hath been
unjustly suppressed, but never lawfully abrogate. And therefore that it
hath been most lawfull unto them, notwithstanding any point unjustly
objected by the Prelats to the contrare, to admit, suspend, or deprive
ministers, _respectivè_ within their bounds, upon relevant complaints
sufficiently proven, to choose their own Moderatours, and to execute
all the parts of ecclesiasticall jurisdiction according to their own
limits appointed them by the Kirk.

       *       *       *       *       *

Act Sess. 14. December 6. 1638.

_Condemning the Service-book, Book of Canons, Book of Ordination, and
the high Commission._

I. The Assembly having diligently considered the Book of common prayer,
lately obtruded upon the reformed Kirk within this Realme, both in
respect of the manner of the introducing thereof, and in respect of
the matter which it containeth, findeth that it hath been devised
and brought in by the pretended Prelats, without direction from the
Kirk, and pressed upon ministers without warrand from the Kirk, to be
universally received as the only forme of divine service under all
highest paines, both civill and ecclesiasticall, and the book it self,
beside the _popish_ frame and forms in divine worship, to containe many
_popish_ errours and ceremonies, and the seeds of manifold and grosse
superstition and idolatrie. The Assembly therefore all in one voice,
hath rejected, and condemned and by these presents doth reject and
condemne the said book, not only as illegally introduced, but also as
repugnant to the doctrine, discipline and order of this reformed Kirk,
to the Confession of Faith, constitutions of generall Assemblies, and
acts of Parliament establishing the true Religion: and doth prohibite
the use and practise thereof: and ordaines Presbyteries to proceed with
the censure of the Kirk against all such as shall transgresse.

II. The Assembly also, taking to their consideration the book of
Cannons, and the manner how it hath been introduced, findeth that
it hath been devised by the pretended Prelats, without warrand or
direction from the generall Assembly; and to establish a tyrannicall
power in the persons of the pretended Bishops, over the worship of
God, mens consciences, liberties and goods, and to overthrow the whole
discipline and government of the generall and Synodall Assemblies,
Presbyteries, and Sessions formerly established in our Kirk.

Therefore the Assembly all in one voice hath rejected and condemned,
and by these presents doth reject and condemne the said book, as
contrare to the confession of our Faith, and repugnant to the
established government, the book of Discipline, and the acts and
constitutions of our Kirk: prohibits the use and practise of the same;
and ordains Presbyteries to proceed with the censure of the Kirk
against all such as shall transgresse.

III. The Assembly having considered the book of consecration and
ordination, findeth it to have been framed by the Prelats, to have been
introduced and practised without warrand of authority, either civill
or ecclesiasticall: and that it establisheth offices in Gods house,
which are not warranded by the word of God, and are repugnant to the
Discipline, and constitutions of our Kirk, that it is an impediment
to the entrie of fit and worthie men to the ministery, and to the
discharge of their dutie after their entrie, conforme to the discipline
of our Kirk. Therefore the Assembly all in one voice hath rejected
and condemned, and by these presents doe reject and condemne the said
book; and prohibits the use and practise of the same; And ordaines
Presbyteries to proceed with the censure of the Kirk against all such
as shall trangresse.

IIII. The generall Assembly, after due tryall, having found that the
Court of high Commission, hath been erected without the consent or
procurement of the Kirk, or consent of the Estates in Parliament,
that it subverteth the jurisdiction and ordinarie judicatories
and Assemblies of the Kirk Sessions, Presbyteries, provinciall
and nationall Assemblies, that it is not regulate by lawes civill
or ecclesiasticall, but at the discretion and arbitrement of the
Commissioners; that it giveth to ecclesiasticall persons, the power
of both the swords, and to persons meerly civill, the power of the
keys and Kirk censures: Therefore the Assembly, all in one voice, hath
disallowed and condemned, and by these presents doth disallow and
condemne the said court, as unlawfull in it selfe, and prejudiciall
to the liberties of Christs Kirk and Kingdome, the Kings honour in
maintaining the established lawes and judicatories of the Kirk: and
prohibits the use and practise of the same: and ordaines Presbteries
to proceed with the censures of the Kirk, against all such as shall
transgresse.

_After the serious discussing of the severall Processes, in many
Sessions, from Sess. 14. (which are in the Clerks hands and needeth not
here to be insert) the following sentences were solemnly pronounced
after Sermon by the Moderatour, in the Assembly of Glasgow, Sess. 20.
December 13. 1638._


_Sentence of deposition and excommunication against _ Mr IOHN
SPOTTISWOOD, _pretended Archbishop of St Andrews;_ Mr. PATRICK LINDSAY,
_pretended Archbishop of Glasgow:_ Mr. DAVID LINDSAY, _pretended Bishop
of Edinburgh:_ Mr. THOMAS SIDSERFE,_ pretended Bishop of Galloway:_
Mr. IOHN MAXWELL, _pretended Bishop of Rosse:_ Mr. WALTER WHYTEFOORD,_
pretended Bishop of Brechen._

The generall Assembly, having heard the lybels and complaints, given
in against the foresaids pretended Bishops to the Presbyterie of
Edinburgh, and sundry other Presbyteries within their pretended
Dyocies, and by the saids Presbyteries referred to the Assembly, to be
tryed: The saids pretended Bishops being lawfully cited, often-times
called, and their Procutour Doctour Robert Hammiltoun, and not
compearing, but declining and protesting against this Assembly, as is
evident by their declinatour, and protestation given in by the said
Doctour Robert Hammiltoun minister at Glasfoord, which by the acts
of Assembly is censurable with summar excommunication: Entered in
consideration of the said declinatour, and finding the same not to be
relevant, but on the contrare to be a displayed banner against the
setled order and government of this Kirk, to be fraughted with insolent
and disdainfull speeches, lies and calumnies against the lawfull
members of this Assembly, proceeded to the cognition of the saids
complaints, and lybels against them; and finding them guiltie of the
breach of the cautions, agreed upon in the Assembly holden at Montrose,
Anno 1600. for restricting of the minister voter in Parliament,
from incroaching upon the liberties and jurisdiction of this Kirk,
which was set down with certification of deposition, infamie, and
excommunication, specially for receiving of consecration to the office
of Episcopacie, condemned by the confession of Faith, and acts of this
Kirk, as having no warrand, nor foundament in the word of God, and
by vertue of this usurped power, and power of the high Commission,
pressing the Kirk with novations in the worship of God, and for sundrie
other haynous offences, and enormities, at length expressed, and
clearly proven in their processe, and for their refusall to underly the
tryal of the reigning slander of sundrie other grosse transgressions
and crymes laid to their charge: Therefore the Assembly moved with zeal
to the glorie of God, and purging of his Kirk, hath ordained the saids
pretended Bishops to be deposed, and by these presents doth depose
them, not only of the office of Commissionaire to vote in Parliament,
Councell, or Convention in name of the Kirk, but also of all functions
whether of pretended Episcopall or ministeriall calling, declareth
them infamous. And likewise ordaineth the saids pretended Bishops to
be excommunicate, and declared to be of these whom Christ commandeth
to be holden by all and every one of the faithfull as ethnicks, and
publicanes; and the sentence of excommunication to be pronounced by
Mr Alexander Henderson, Moderatour, in face of the Assembly in the
high Kirk of Glasgow, and the execution of the sentence to bee intimat
in all the Kirks of Scotland by the Pastours of every particullar
congregation, as they will be answerable to their Presbyteries and
Synods, or the next generall Assembly, in case of the negligence of
Presbyteries and Synods.

_Sentence of deposition and excommunication against_ Mr. ADAM
BALLANTYNE, _pretended Bishop of Aberdeen, and_ Mr. IAMES WEDDERBURN
_pretended Bishop of Dumblane._

The generall Assembly, having heard the lybels and complaints given in
against the foresaids pretended Bishops, of Aberdeen, and Dumblane,
to the Presbytery of Edinburgh, and sundry Presbyteries within their
pretended Dyocies, and by the saids Presbyteries referred to this
Assembly to be tryed: The saids pretended Bishops being lawfully
cited, often-times called, and not compearing, proceeded to the
cognition of the complaints and lybels against them, and finding them
guiltie of the breach of the cautions, agreed upon in the Assembly
holden at Montrose, Anno 1600. for restricting the minister voter in
Parliament, from encroaching upon the liberties and jurisdictions
of this Kirk, which was set down with certification of deposition,
infamie and excommunication, specially for receiving consecration
to the office of Episcopacie, condemned by the confession of Faith,
and acts of this Kirk, as having no warrand nor foundament in the
word of God, and by vertue of this usurped power, and power of the
high Commission, pressing the Kirk with novations in the worship of
God, and for sundry other haynous offences and enormities, at length
expressed, and clearly proven in their Processe, and for their refusall
to underly the tryall of the reigning slander of sundry other grosse
transgressions and offences laid to their charge: Therefore the
assembly moved with zeal to the glorie of God, and purging of the Kirk,
hath ordained the saids pretended Bishops to be deposed, and by these
presents doth depose them, not only of the office of Commissionary to
vot in Parliament, Councell, or Convention, in name of the Kirk, but
also of all functions, whether of pretended Episcopall or ministeriall
calling, declareth them infamous: and likewise ordains the saids
pretended Bishops to be excommunicate, and declared to be of these whom
Christ commanded to be holden by all and every one of the faithfull
as Ethnicks and Publicans; and the sentence of excommunication to
be pronounced by Mr Alexander Henderson, Moderatour, in face of the
Assembly, after Sermon, in the high Kirk of Glasgow; and that the
execution of the sentence be intimat in all the Kirks within this
Realme, by the Pastours of every particular congregation, as they will
be answerable to their Presbyteries and Synods, or the next generall
Assembly, in case of the negligence of Presbyteries and Synods.


_Sentence of deposition against_ Mr. IOHN GUTHRY, _pretended Bishop
of Murray:_ Mr. IOHN GRAHAME _pretended Bishop of Orknay,_ Mr. IAMES
FAIRLIE, _pretended Bishop of Lismoir:_ Mr. NEIL CAMBELL, _pretended
Bishop of Isles._

The generall Assembly having heard the lybels and complaints given
in against the foresaids pretended Bishops, to the Presbyterie of
Edinburgh, and sundrie Presbyteries within their Dyocies, and by the
saids Presbyteries referred to this Assembly to bee tryed: the saids
pretended Bishops being lawfully cited, often times called, and not
compearing, proceeded to the cognition of the complaints and lybels
against them; and finding them guiltie of the breach of the cautions
agreed upon in the Assembly at Montrose, Anno 1600. for restricting of
the minister voter in Parliament, from incroaching upon the liberties
and Jurisdictions of this Kirk, which was set down with certification
of deposition, infamie and excommunication; and especially for
receiving consecration to the office of Episcopacie condemned by the
confession of Faith, and acts of this Kirk, as having no warrand nor
foundament in the word of God, and by vertue of this usurped power, and
power of the high commission, pressing the Kirk with novations in the
worship of God; and for their refusall to underly the tryall of the
reigning slander of sundrie other grosse trangressions and offences,
laid to their charge: Therefore the Assembly, moved with zeal to the
glorie of God, and purging of this Kirk, ordaines the saids pretended
Bishops, to bee deposed, and by these presents doth depose them, not
only of the office of commissionarie, to vote in Parliament, Councel,
or convention in name of the Kirk: but also of all functions, whether
of pretended Episcopall, or ministeriall calling: And likewise in case
they acknowledge not this Assembly, reverence not the constitutions
thereof, and obey not the sentence, and make not their repentance,
conforme to the order prescribed by this Assembly, ordaines them to be
excommunicated, and declared to bee of these whom Christ commandeth
to be holden by all and every one of the faithfull as Ethnicks and
Publicanes: and the sentence of excommunication to be pronounced
upon their refusall, in the Kirks appointed, by any of these who are
particularly named, to have the charge of trying their repentance or
impenitencie, and that the execution of the sentence bee intimate in
all the Kirks within this Realme by the Pastours of every particular
Congregation, as they will be answerable to their Presbyteries and
Synods, or the next generall Assembly, in case of negligence of the
Presbyteries and Synods.


_Sentence of deposition against_ Maister ALEXANDER LINDSAY _pretended
Bishop of Dunkell_.

The generall Assembly having heard the complaint and lybel given in
against Mr. Alexander Lindesay pretended Bishop of Dunkell, to the
Presbytery of Edinburgh, and sundrie Presbyteries of his pretended
Dyocie, and by the Presbyteries referred to this Assembly to be tryed:
The said pretended Bishop being lawfully cited, often-times called,
& not compearing, but by a letter of excuse submitting himself to
the Assembly, proceeded to the cognition of the complaint and lybell
it selfe against him, and finding him guiltie of the breach of the
cautions agreed upon in the Assembly holden at Montrose, Anno 1600. for
restricting the minister voter in parliament, from encroaching upon
the liberties and jurisdictions of this Kirk, which was set down with
certification of deposition, infamie and excommunication, especially
for receiving consecration to the office of Episcopacie condemned by
the confession of Faith, and acts of this Kirk, as having no warrand
nor foundament in the word of God, and by vertue of this usurped power,
and power of the high Commission, pressing the Kirk with novations in
the worship of God: Therefore the Assembly moved with zeal to the glory
of God, and purging of this Kirk, hath ordained the said Mr Alexander
to bee deposed, and by these presents deposeth him, from the pretended
Episcopall function, and from the office of commissionarie to vote in
Parliament, Councel or Convention in name of the Kirk and doth suspend
him from all ministeriall function, and providing he acknowledge this
Assembly, reverence the constitutions of it, and obey this sentence,
and make his repentance conforme to the order prescribed, continueth
him in the ministerie of St Madoze; And likewise, if he acknowledge
not this Assembly, reverence not the constitutions of it, and obey
not the sentence, and make his repentance, conforme to the order
prescribed by this Assembly, ordains him to be excommunicat, and
declared to bee one of those whom Christ commandeth to bee holden by
all and every one of the faithfull, as an Ethnick and Publicane, and
the sentence of excommunication to be pronounced upon his refusall, in
the Kirks appointed, by one of these who are particularly named, to
have the charge of trying his repentance or impenitencie, and that the
execution of this sentence be intimate in all the Kirks within this
Realme, by the Pastours of every particular congregation, as they will
be answerable to their Presbyteries and Synods, or the next generall
Assembly, in case of the negligence of Presbyteries and Synods.


_Sentence of deposition against_ Master IOHN ABERNETHIE _pretended
Bishop of Cathnes._

The generall Assembly having heard the lybell and complaint given
in against Mr. Iohn Abernethie pretended Bishop of Cathnes to the
Presbytery of Edinburgh, and sundrie Presbyteries within his Dyocie:
And by the saids Presbyteries, referred to this Assembly to be tryed:
The said pretended Bishop being lawfully cited, often-times called,
and not compearing, but by his letter of excuse upon his sicknesse,
proceeded to the cognition of the complaint and lybell it selfe against
him, and finding him guiltie of the breach of the cautions, agreed
upon in the Assembly holden at Montrose, Anno 1600. for restricting
the minister voter in Parliament, from encroaching upon the liberties
and jurisdictions of this Kirk, which was set down with certification
of deposition, infamie and excommunication, specially for receiving
consecration to the office of Episcopacie, condemned by the confession
of Faith, and acts of this Kirk as having no warrand nor foundament
in the word of God, and by vertue of his usurped power, and power of
the high Commission pressing the Kirk with novations in the worship of
God: Therefore the assembly moved with zeal to the glorie of God, and
purging of this Kirk, hath ordained the said Mr Iohn to be deposed, and
by these presents deposeth him from the pretended Episcopall function,
and from the office of Commissionary to vote in Parliament, Councel,
or convention, in name of the Kirk, and doth suspend him from the
ministeriall function. And providing he acknowledge this Assembly,
reverence the constitutions of it, and obey the sentence, and make his
repentance conforme to the order prescribed by this Assembly, will
admit him to the ministerie of a particular flock: and likewise, incase
he acknowledge not this Assembly, reverence not the constitutions
of it, and make his repentance conforme to the order prescribed by
this Assembly, ordains him to be excommunicate, and declared to be
one of these whom Christ commandeth to bee holden by all and every
one of the faithfull as an Ethnick and Publicane: and the sentence
of excommunication to be pronounced up on his refusall in the Kirks
appointed, by one of these who are particularly named to have this
charge of trying his repentance or impenitencie, and that the execution
of this sentence be intimat in all the Kirks within this Realme, by the
Pastours of every particular congregation, as they will be answerable
to their Presbyteries and Synods, or the next generall Assembly, in
case of the negligence of Presbyteries and Synods.

       *       *       *       *       *

Act of the Assembly at Glasgow, Sess. 16. December 8. 1638.

_Declaring Episcopacie to have been abjured by the Confession of Faith,
1580; And to be removed out of this Kirk._

The Assembly taking to their most grave and serious consideration,
first the unspeakable goodnesse, and great mercy of God, manifested
to this Nation, in that so necessarie, so difficult, and so excellent
and divine work of reformation, which was at last brought to such
perfection, that this Kirk was reformed, not only in doctrine and
worship, but also after many conferences and publick reasonings in
divers nationall Assemblies, joyned with solemne humiliations and
prayers to God, the discipline and government of the Kirk, as the
hedge and guard of the doctrine and worship, was prescribed according
to the rule of God’s word, in the book of Policie and Discipline,
agreed upon in the Assembly 1578. and insert in the register 1581.
established by the Acts of Assemblies, by the confession of Faith,
sworn and subscribed, at the direction of the Assembly, and by
continuall practise of this Kirk: Secondly, that by mens seeking their
own things, and not the things of Jesus Christ; divers novations have
been introduced to the great disturbance of this Kirk so firmly once
compacted, and to the endangering of Religion, and many grosse evils
obtruded, to the utter undoing of the work of reformation and change
of the whole forme of worship and face of this Kirk: Thirdly that all
his Majesties Subjects both Ecclesiasticall and civil, being without
consent of the Kirk, commanded to receive with reverence a new book of
common prayer, as the only forme to be used in God’s publick worship,
and the contraveeners to be condignely censured, and punished, and
after many supplications and complaints, knowing no other way for the
preservation of Religion; were moved by God, and drawne by necessitie,
to renew the nationall Covenant of this Kirk, and Kingdome, which the
Lord since hath blessed from heaven, and to subscribe the Confession of
Faith, with an application thereof abjuring the great evils wherewith
they were now pressed, and suspending the practise of all novations
formerly introduced, till they should bee tryed in a free generall
Assembly; Lastly, that some of his Majesties Subjects of sundrie
ranks, have by his Majesties commandement subscribed and renewed the
confession of Faith, without the former application, and that both the
one and the other subscribers have subscribed the said Confession of
Faith in this year, as it was professed and according to the meaning
that it had in this Kingdome, when it was first subscribed 1581. and
afterward: The Assembly therefore, both by the subscription of his
Majesties high Commissioner, and of the Lords of secret Councel,
Septem. 22. 1638, And by the acts of Councel, of the date foresaid,
bearing that they subscribed the said Confession, and ordaining all
his Majesties Liedges to subscribe the same, according to the foresaid
date and tennour, and as it was then professed within this Kingdome,
as likewise by the Protestation of some of the Senatours of the
Colledge of justice, when they were required to subscribe, and by the
many doubtings of his Majesties good Subjects, especially because the
subscribers of the Confession in February 1638. are bound to suspend
the approbation of the corruptions of the government of the Kirk, till
they be tryed in a free generall Assembly; finding it proper for them,
and most necessary and incumbent to them, to give out the true meaning
thereof as it was at first professed, That all his Majesties Subjects
in a matter, so important as is the publick Confession of Faith, so
solemnly sworn and subscribed, may be of one minde, and one heart, and
have full satisfaction to all their doubts, and that the posteritie
afterward may be fully perswaded of the true meaning thereof, after
earnest calling upon the name of God, so religiously attested in the
said Confession; have entered into a diligent search of the registers
of the Kirk, and books of the generall Assembly, which the greatest
part of the Assembly had not seen before, and which by the speciall
providence of God were preserved, brought to their hands, and publickly
acknowledged to bee authentick, and have found that in the latter
confession of the Kirk of Scotland: “We professe, that we deteste all
traditions brought into the Kirk without, or against the word of God,
and doctrine of this reformed Kirk: _Next_, we abhorre and deteste all
contrarie religion and doctrine, but chiefly, All kinde of papistry in
generall, & particular heads, as they were then damned & confuted by
the word of God, and Kirk of Scotland, when the said Confession was
sworn and subscribed, An. 1580. and 1581. 1590. and 1591. _Thirdly_,
that we deteste the Romane Antichrist, his worldly monarchie, and
wicked hierarchie: _Fourthly_, that we joyn our selves to this reformed
Kirk in doctrine, Faith, Religion, & discipline, promising and swearing
by the great name of GOD, that we shall continue in the Doctrine and
Discipline of this Kirk, and defend the same according to our vocation
and power all the dayes of our life.”

But so it is that Episcopall government is abhorred and detested,
and the government by Ministers and Elders, in Assemblies generall
and provinciall, and Presbyteries was sworn to, and subscribed in
subscribing that Confession, and ought to be holden by us, if we adhere
to the meaning of the Kirk, when that Confession was framed, sworn
to, and subscribed; unto which we are obliged by the nationall oath
and subscription of this Kirk, as is evident by the acts of generall
Assemblies, agreed upon both before, at, and after the swearing and
subscribing of the said Confession, in the years above-mentioned, and
the book of policie agreed upon in the Assembly which was holden at
Edinburgh the twentie foure of April, and twentie foure of October,
Anno 1578. Insert in the register of the Kirk, by ordinance of the
Assembly holden at Glasgow 1581. and to be subscribed by all Ministers,
that then did bear, or thereafter were to bear office in this Kirk,
by ordinance of the Assembly holden the fourth of August at Edinburgh
1590. And at Edinburgh the second of Iuly 1591. but specially in the 2.
3. 4. 6. 7. and 11, chapters of the said book.

The Bishops being tollerat from the year 1572, till the Assembly
holden in August 1575. And all this time the Assembly being wearied
with complaints made against them, did enter in search of the office
it selfe, and did agree in this that the name of a Bishop is common
to every one of them that hath a particular flock, over which he hath
a particular charge, as well to preach the word, as to minister the
Sacraments.

At the next Assembly which was holden in April 1576. Such Bishops were
censured as had not taken them to a particular flock. In the generall
Assembly conveened in April the year of God 1578. Sess. 4. Intimation
was made as followeth.

“For so much as the heads of the policie being concluded and agreed
upon in the last Assembly, by the most part of the brethren; certain of
the brethren had some difficultie in the head _de diaconatu_, whereupon
farther reasoning was reserved to this Assembly: It is therefore
required, if any of the brethren have any reasonable doubt or argument
to propone, that he be ready the morrow, and then shall be heard and
resolved.” In the 6. Sess. April 26. According to the ordinance made
the day before; all persons that had any doubt or argument to propone,
were required to propone the same: but none offered to propone any
argument on the contrare.

In the Assembly holden at Edinburgh, in October 1578, It was showen by
the Moderatour thereof to the noble-men, who were present, viz. My Lord
Chancelour, the Earle of Montrose, my Lord Seaton, and my Lord Lindsay,
“What care and study the Assembly had taken to entertain and keep
the puritie of the sincere word of God, unmixed with the inventions
of their own heads, and to preserve it to the posteritie hereafter,
and seeing that the true Religion is not able to continue nor endure
long without a good Discipline and policie, in that part also have
they imployed their wit and studie, and drawen forth out of the pure
fountain of Gods word, such a Discipline as is meet to remain in the
Kirk.”

In the same Assembly, the speciall corruptions were set down, which
they craved such of the Bishops as would submit themselves to the
Assembly to remove, with promise, that, if the generall Assembly,
hereafter shall finde further corruptions in the said estate then
hitherto are expressed, that they be content to be reformed by the said
Assembly according to the word of God, when they shall be required
thereto. First, “That they be content to bee Pastours and Ministers
of one flock: That they usurpe no criminall jurisdiction, that they
vote not in Parliament in name of the Kirk, without Commission from
the Kirk: That they take not up for the maintenance of their ambition
and riotousnesse, the emoluments of the Kirk, which may sustain many
Pastours, the Schools, and the poore; but be content with reasonable
livings according to their office: That they claime not to themselves
the titles of Lords temporall, neither usurpe temporall jurisdictions,
whereby they are abstracted from their office; That they empyre not
above the particular Elderships, but be subject to the same: That they
usurp not the power of the Presbyteries.”

The question being proponed by the Synod of Louthian in the Assembly
holden in July 1579. anent a generall order to be taken for erecting of
Presbyteries in places where publick exercise is used, untill the time
the policie of the Kirk be established by a law: It is answered, “The
exercise may be judged to be a Presbyterie.” In the Assembly holden at
Dundie in Iuly 1580. Sess. 4. The office of a Bishop was abolished by a
particular act, as appeareth by the tennour of the act following.

“For so much as the office of a Bishop, as it is now used and commonly
taken within this Realme, hath no sure warrand authoritie, nor good
ground in the Scriptures, but is brought in by the foly and corruption
of mans inventions, to the great overthrow of the Kirke of God, the
whole Assembly of the Kirk in one voice after libertie given to all men
to reason in the matter, none opponing himself in defending the said
pretended office, findeth and declareth the said pretended office, used
and termed, as is above said, unlawful in the selfe, as having neither
foundament, ground nor warrand in the word of God, and ordaineth that
all such persons, as brook or shall brook hereafter the said office,
shall be charged simply to dimit, quite, and leave off the same, as an
office whereunto they are not called of God: and suchlike, to desist
and cease from all preaching, ministration of the Sacraments, or using
any way the office of pastours, while they receive _de novo_, admission
from the generall Assembly, under the pain of excommunication to be
used against them, wherein if they be found disobedient, or contradict
this act in any point, the sentence of excommunication, after due
admonition, to be execute against them.”

In the same Assembly holden Anno 1580. Sess. 10. This article was
appointed to be proponed to the King and Councel, that the book of
policie might be established by an act of privie Councel, “while a
Parliament be holden, at which it might be confirmed by a law.”

The extent of the act made at Dundie, was interpreted and explained in
the Assembly, holden at Glasgow, in April 1581. Sess. 6. as followeth.

“Anent the Act made in the Assembly holden at Dundie against Bishops,
because some difficultie appeared to some brethren to arise out of
the word (office) contained in the said act, what should be meaned
thereby. The Assembly consisting for the most part of such as voted,
and were present in the Assembly at Dundie, to take away the said
difficultie, resolving upon the true meaning and understanding of the
said act, declare that they meaned wholly to condemne the whole estate
of Bishops, as they are now in Scotland, and that the same was the
determination and conclusion of the Assembly at this time, because
some brethren doubted, whether the former act was to be understood of
the _spirituall function_ only, and others alledged, that the _whole
office of a Bishop_ as it was used, was damnable, and that by the said
act, the Bishops should be charged to dimit the same: This Assembly
declareth that they meaned wholly to condemne the whole estate of
Bishops, as they were then in Scotland, and that this was the meaning
of the Assembly, at that time.”

The Kings Commissioner presented to this Assembly the Confession of
Faith, subscribed by the King, and his household, not long before,
together with a plot of the Presbyteries to be erected, which is
registrate in the books of the Assembly, with a letter to be directed
from his Majestie to the noble-men and gentle-men of the Countrey, for
the erection of Presbyteries, consisting of Pastours and Elders, and
dissolution of Prelacies; and with an offer to set forward the Policie
untill it were established by Parliament. The Kings letter subscribed
by his hand, to the Noble-men, and Gentle-men, was read in open
audience of the whole Assembly.

This Assembly ordained the book of Policie to be insert in the register
by the act following.

“For as much as travels have been taken in the framing of the Policie
of the Kirk, and diverse suits have been made to the Magistrat for
approbation thereof, which yet have not taken the happie effect,
which good men would wish, yet that the posteritie may judge well of
the present age, and of the meaning of the Kirk; The Assembly hath
concluded, that the book of Policie agreed to in diverse Assemblies
before, should be registrat in the acts of the Kirk, and remaine
therein _ad perpetuam rei memoriam_: and the coppies thereof to be
taken to every Presbyterie: of which book the tennour followeth,” &c.

Immediatly after the inserting of the book of Policie, called there the
book of Discipline, the Assembly ordained that the confession of Faith
be subscribed as followeth.

“Anent the confession of Faith lately set forth by the Kings
Majestie, and subscribed by his highnesse. The Assembly in one voice,
acknowledgeth the said Confession to be a true, Christian, and faithful
confession, to be agreed unto by such as truly professe Christ, and
have a care of Religion, and the tennour thereof to be followed out
efoldly as the samine is laid out in the said Proclamation,” wherein
that Discipline is sworn to.

In the generall Assembly holden at Edinburgh in October 1581. Sess.
10. Mr. Robert Montgomery is accused for teaching that Discipline is
a thing indifferent. Sess. 23. The Assembly gave commission to the
Presbyterie of Stirling, to charge Mr. Robert Montgomerie, to continue
in the ministerie of Stirling, and not to medle with any other office
or function of the Kirk, namely, in aspyring to the Bishoprick of
Glasgow, against the word of God, and acts of the Kirk, under the pain
of excommunication.

In the same Assembly it is acknowledged that the estate of Bishops is
condemned by the Kirk, commission for erection of moe Presbyteries
was renewed: and a new ordinance made for subscribing the confession
of Faith, and to proceed against whatsoever persons that would not
acknowledge and subscribe the same.

In the Assembly holden in April 1582. there was a new commission for
erection of Presbyteries, where none was as yet erected, Mr Robert
Montgomerie, pretending to be Bishop of Glasgow, was ordained to be
deposed and excommunicat, except hee gave evident tokens of repentance,
and promise to superseed, which he did not: and therefore he was
excommunicat shortly after, according to the ordinance of this Assembly.

In the generall Assembly holden at Edinburgh, 1582. The generall
Assembly gave commission to some Presbyteries, to try and censure
such as were called Bishops, for the great slander arising by their
impunitie. Commission was given at this Assembly to present some
articles to the Councel and Estates, for approving and establishing
by their authoritie the Presbyteries, the Synodall, and generall
Assemblies. In the 19. Sess. The Assembly declared, that no Bishop may
sit upon the Councell in name of the Kirk.

In the Assembly holden Anno 1586. These two articles were agreed
upon. First: “It is found that all such as the Scripture appointeth
governours of the Kirk, to wit Pastours, Doctours, and Elders, may
conveen to the generall Assemblies, and vote in Ecclesiasticall
matters.” Secondly: “There are foure office bearers set down to us by
the Scriptures, to wit Pastours, Doctours, Elders, and Deacons, and
the name of Bishop ought not to be taken as it hath been in time of
Papistrie, but is common to all Pastours, and Ministers.”

In the Assembly holden Anno 1587. Sess. 8. It was ordained that the
admission of Mr. Robert Montgomerie by the Presbyterie of Glasgow,
suppose to the temporalitie of the Bishoprick only, be undone and
annulled with all possible diligence, to the effect slander might be
removed from the Kirk. In Sess. 15. Mr. Robert Pont shewed the Kings
presentation to the Bishoprick of Cathnes, & desidered the judgment
of the Assembly. The Assembly in their letter to the Kings Majestie,
declared that they judged the said Mr. Robert to be a Bishop already
according to the Doctrine of St. Paul: But as to that corrupt estate or
office, of these who have been termed Bishops heretofore, they found
it not agreeable to the word of God, and that it hath been damned in
diverse Assemblies before.

In the instructions given to such as were appointed to wait upon the
Parliament, it was ordained in the same Assembly Sess. 17. That they be
carefull that nothing be admitted prejudiciall to the liberties of this
Kirk, as it was concluded according to the word of God in the generall
Assemblies, preceeding the year 1584. but precisely to seek the same to
bee ratified in the Assembly holden in March 1589, where the articles
were made for subscribing the confession of Faith with the generall
band, it was ordained as followeth.

“For so much as the neighbour Kirk in England, is understood to
bee heavily troubled, for maintaining of the true Discipline and
government: whose grieves ought to move us. Therefore the Presbytery of
Edinburgh was ordained to comfort the said Kirk in the said matter.”

In the Assembly holden 1590. when the confession of Faith was
subscribed universally _de novo_, a ratification of the liberties
of the Kirk, in her jurisdiction, discipline, Presbyteries, Synods,
and generall Assemblies, and an abrogation of all things contrarie
thereunto; was ordained to be sought both of the Councel and
Parliament. In the next Session it was ordained that the book of
Discipline, specially the contraverted heads, should be subscribed
by all Ministers that bear, or hereafter was to bear office in this
Kirk, and that they be charged by the Presbyteries, under the pain of
excommunication: Seeing the word of God cannot bee keeped in sincerity,
unlesse the holy Discipline be preserved. The Presbyteries were
ordained to get a coppie under the Clerks hand; there were sundrie
coppies subscribed by the Ministers in the Presbyteries yet extant, as
Hadingtoun, Dumfermling, &c. produced before the Assembly.

In the Assembly 1591. Sess. 4. The former act anent the subscription
to the book of Policie is renewed, and a penaltie imposed upon the
Moderatour, in case it be not put in execution.

In the Assembly 22 May 1592. Sess. 2. These articles were drawen up.
“That the acts of Parliament made 1584 against the Discipline libertie
and authoritie of the Kirk be annulled, and the samine discipline,
whereof the Kirk hath been in practise, precisely ratified. That
Abbots Pryors, and other Prelats pretending the title of the Kirk, be
not suffered in time comming.” In the 11. Session the number of the
Presbyteries were given up, and insert in the Parliament immediatly
following. The fifth of June 1592, the libertie, discipline, and
jurisdiction of the true Kirk, in her Sessions, Presbyteries, Synodal
and general Assemblies, is largely ratified, as the samine was used,
and exercised within this Realme, and all the acts contrary thereto
abrogat: The King’s prerogative declared not to be prejudiciall to the
same priviledges grounded upon the word of God; the former commissions
to Bishops 1584, rescinded, and all Ecclesiasticall matters, subjected
to Presbyteries, according to the discipline of this Kirk. Anno 1595,
The book of Policie with other acts is ratified and ordained to be
printed.

It was also cleared that Episcopacie was condemned in these words of
the Confession, HIS VVICKED HIERARCHIE. For the Popish Hierarchie
doth consist of Bishops, Presbyters, and Deacons, that is baptizing
and preaching Deacons: For so it is determined in the councel of
Trent, in the 4. chap. _De Sacramento ordinis, cant. 6.[24] Si quis
dixerît in ecclesia Catholica non esse hierarchiam divina ordinatione
institutam, quæ constat ex Episcopis, Presbyteris & ministris, anathema
sit._ Bellarmine likewise in his book De Clericis cap. 11. saith,
“That there are three hierarchies in the militant Kirk: The first
of Bishops, the second of priests, the third of Deacons, and that
the Deacons are also Princes, if they be compared with the people:”
This proposition following: _Hierarchia ecclesiastica constat ex
Pontifice, Cardinalibus, Archiepiscopis, Episcopis & Regularibus_,
was censured by the Facultie of Theologie in the Universitie at
Paris, as followeth, _In ista prima propositione enumeratio membrorum
hierarchiæ ecclesiasticæ seu sacri principatus, divina ordinatione
instituti est manca & redundans atque, inducens in errorem contrarium
determinationi sacræ Sinodi Tridentinæ_: The prodelatarum position
was defective, because it pretermitted the Presbyters and Deacons; it
was censured as redundant, because it made the Hierarchic to consist
of the Pope, Cardinals, Archbishops, and Regulars; the Pope is not
within the Hierarchie, Primats, Metropolitanes, and Archbishops, but
as they are Bishops. Furthermore, this Hierarchie is distinguished in
the confession from the Pope’s monarchie. And howbeit this Hierarchie
be called the Antichrist’s Hierarchie, yet it is not to distinguish
betwixt the Hierarchie in the Popish Kirk, and any other as lawful:
But the Hierarchie, wheresoever it is, is called his, as the rest of
the Popish corruptions are called his: To wit, _Invocation of Saints,
canonization of Saints, dedication of Altars, &c._ are called his, not
that there is another lawfull canonization, invocation, or dedication
of altars: whatsoever corruption was in the Kirk, either in doctrine,
worship, or government since the mistery of iniquitie began to work and
is retained, and maintained, by the Pope, and obtruded upon the Kirk
by his authority, are his. A passage also out of the history of the
councell of Trent was alledged, where it is related, that the Councell
would not define the Hierarchie by the seven orders: we have in our
confession of Faith the manifold orders set apart and distinguished
from the Hierarchie, but as it is set down in the cannon above cited:
We have in the book of Policie or second booke of Discipline, in the
end of the second chapter, this conclusion agreed upon. _Therefore all
the ambitious titles invented in the kingdome of Antichrist, and in
his usurped HIERARCHIE which are not of one of these foure sorts, To
wit, Pastours, Doctours, Elders, and Deacons, together with the offices
depending thereupon, in one word ought to be rejected._

All which and many other warrands being publickly read, and
particularly at great length examined, and all objections answered
in face of the Assembly, all the members of the Assembly being many
times desired and required to propone their doubts, and scruples, and
every one being heard to the full, and after much agitation as fully
satisfied; the Moderatour at last exhorting every one to declare his
minde, did put the matter to voicing in these terms:—“Whether according
to the confession of faith, as it was professed in the year 1580. 1581.
and 1590, there be any other Bishop, but a Pastour of a particular
flock, having no preheminence nor power over his brethren, and whether
by that Confession, as it was then professed, all other episcopacie
is abjured, and ought to bee removed out of this Kirk?” The whole
Assembly most unanimously, without contradiction of any one (and with
the hesitation of one allanerly) professing full perswasion of minde,
did voice, _that all episcopacie different from that of a Pastour over
a particular flock, was abjured in this Kirk, and to be removed out of
it_. And therefore Prohibites underr ecclesiasticall censure any to
usurpe accept, defend, or obey the pretended authoritie thereof in time
coming.

       *       *       *       *       *

Act Sess. 17. December 10. 1638.

_The Assembly at Glasgow, declaring the five Articles of Perth to have
been abjured and to bee removed._

The Assembly remembring the uniformity of worship which was in this
Kirk, before the articles of Perth, the great rent which entered at
that time, and hath continued since, with the lamentable effects,
that it hath produced, both against Pastours, and professours, the
unlawfulnesse and nullitie of Perth Assembly already declared by this
Assembly, and that in the necessarie renewing of the confession of
Faith in February 1638, the practise of novations introduced in the
worship of God, was suspended, till they should be determined in a free
generall Assembly: and that in the same year at his Majestie’s command
some had subscribed the confession of Faith, as it was professed when
it was first subscribed: For these causes the Assembly entered into a
diligent tryall of the foresaid articles, whether they be contrare to
the confession of Faith, as it was meaned and professed in the year
1580. 1581. 1590. and 1591. And findeth that first in generall: In the
confession of Faith we professe, “We willingly agree in our consciences
to the forme of Religion, of a long time openly professed by the Kings
Majestie, and whole body of this Realme, in all points, as unto God’s
undoubted truth and verity, grounded only upon his written word, and
therefore abhor and deteste all contrary Religion and Doctrine, but
chiefly, all kinde of papistrie, in generall and particular heads,
even as they were then damned and confuted by the word of God and Kirk
of Scotland, and in speciall, the Romane Antichrist, his five bastard
sacraments, with all rites, ceremonies, and false doctrine, added to
the ministration of the true Sacraments, without the word of God, his
cruell judgement against Infants departing without the Sacrament,
his absolute necessitie of baptisme, and finally, we deteste all his
vain allegories, rites, signes, and traditions brought into the Kirk
without, or against the word of God, and doctrine of this true reformed
Kirk, to the which we joyne our selves willingly in Doctrine, Faith,
Religion, Discipline, and use of the holy Sacraments, as lively members
of the same in Christ our Head; promising and swearing,” &c. And that
these five articles are contrarie to the Religion then professed, were
confuted by the word of God, and Kirk of Scotland, or are rites, and
ceremonies, added to the ministration, of the true Sacraments, without
the word [of] God, or nourish the popish judgement against Infants
departing without the Sacrament, or absolute necessitie, of Baptisme or
rites, signes, and traditions brought into the Kirk, without or against
the word of God, and doctrine of this true reformed Kirk.

And next, in particular, concerning festivall dayes, findeth, that in
the explication of the first head, of the first book of Discipline,
it was thought good that the feasts of Christmas, Circumcision,
Epiphanie, with the feasts of the Apostles, Martyres, and Virgine
Mary, bee utterly abolished, because they are neither commanded nor
warranded by Scripture, and that such as observe them be punished by
civill Magistrats. Here utter abolition is craved, and not reformation
of abuses only, and that because the observation of such feasts hath
no warrand from the word of God. In the generall Assembly holden at
Edinburgh, Anno 1560, the large confession of Helvetia was approved,
but with speciall exception against the same five dayes, which are now
urged upon us. It was not then the Popish observation only, with the
Popish opinion of worship and merit, which was disallowed; (for so the
reformed Kirk in Helvetia did not observe them) but, _simpiciter_,
all observation. For this end was read a letter in Latine, sent at
that time by some of our divines to certaine divines in these parts to
this purpose. In the Assembly holden 1575, in August, complaint was
made against the Ministers and Readers beside Aberdene; because they
assembled the people to preaching and prayers upon certaine festivall
dayes. So that preaching and prayers upon festivall dayes was judged
rebukable. It was ordained likewise, that complaint bee made to the
Regent, upon the town of Drumfreis, for urging and convoying a Reader
to the Kirk with Tabret and Whistle, to read Prayers, all the holy
dayes of Christmas, upon the refusall of their own Reader. Among the
articles directed by this Assembly to the Regent, It was craved that
all holy dayes heretofore keeped holy, beside the Lord’s day, such as
Yooleday, and Saint’s dayes, and such others may bee abolished, and a
certain penaltie appointed for banqueting, playing, feasting upon these
dayes. In the Assembly holden in April, Anno 1577, It was ordained
that the visitors, with the advice of the Synodall Assembly, should
admonish Ministers, preaching or ministrating the Communion at Easter,
or Christmas, or other like superstitious times, or Readers reading, to
desist, under the paine of deprivation. In the ninth head of the first
book of Discipline, the reason is set down against Easter Communion.
“Your honours are not ignorant how superstitiously the people run to
that action at Pascheven; as if the time gave vertue to the Sacrament,
and how the rest of the whole year, they are carelesse and negligent,
as if it appertained not to them, but at that time only. And, for this
reason, other times were appointed by that book, for that holy action.”
In the Assembly holden 1596, begun in March 1595, at which time the
Covenant was renewed, superstition and idolatrie breaking forth in
observing festival dayes; setting out of bone-fires, singing carols,
are reakoned amongst the corruptions which were to be amended. And the
Pulpits did sound from time to time, against all shew of observing any
festivall day whatsoever, except the Lord’s day.

Concerning _kneeling at the Communion_, findeth that in the confession
of Faith prefixed before the Psalmes, and approved by our Kirk in
the very beginning of the reformation, we have these words, “Neither
in the ministration of the Sacraments, must we follow men; but as
Christ himself hath ordained, so must they be ministred.” In the
large confession of Faith, chap. 23, It is required as necessary, for
the right ministration of the Sacraments, that they bee ministred in
such elements, and in such sort, as God hath appointed, and that men
have adulterate the Sacraments with their own inventions. So that
no part of Christ’s action abideth in the originall puritie. The
judgement of our reformers, who drew up the large Confession, was, by
cleare evidents, shewed to be contrarie to this gesture in the act of
receiving the Sacrament. In the order of celebrating the Lords Supper,
prefixed before the Psalmes in meeter, _sitting and distributing by
the Communicants_, are joined: as likewise by the second head of the
first book of Discipline, as nearest to Christ’s own action, and
to his perfect practise, and most convenient to that holy action,
and all inventions devised by man are condemned, as alterations and
accusations of Christ’s perfect ordinance. Ministers were enjoyned by
act of Assembly in December 1562. To observe the order of Geneva, that
is, the English Kirk at Geneva, (where Master Knox had been some time
Minister,) in the ministration of the Sacraments. This act was renewed
in the Assembly, holden in December 1564, where ministers are referred
to the order set down before the Psalmes, for ministration of the
Sacraments; which is all one with the former; for that was the order of
the English Kirk at Geneva.

In the parliament holden Anno 1567, It was declared that whosoever
did not participate of the Sacraments, as they were then publickly
administrat in this reformed Kirk ought not to be reputed members of
this Kirk. The act for the Kings oath at his coronation, to maintain
the due administration of the Sacraments, as they were then ministred,
Anno 1567, was ratified Anno 1581. At which time the short Confession,
adhering to the use of the Sacraments, in the Kirk of Scotland, was
subscribed: as also Anno 1592. after the second Subscription to the
confession of Faith. In the Parliament 1572, an act was made against
such as did not participat of the Sacraments as they were then rightly
ministered: But the gesture of kneeling in the act of receiving,
putteth the ministration of the Sacraments used in this Kirk out of
frame; whereby it is clear that whatsoever gesture or rite, cannot
stand with the administration of the Sacraments as they were then
ministred and were ministered ever since the reformation, till the
year 1618. must bee condemned by our Kirk as a rite added to the true
ministration of the Sacraments without the word of God, and as a
rite or tradition brought in without, or against the word of God, or
doctrine of this reformed Kirk.

III. Concerning _Confirmation_, The Assembly findeth it to be
comprehended in the clause of the Confession, where the “five bastard
Sacraments” are condemned. And seeing Episcopacie is condemned,
imposition of hands by Bishops falleth to the ground. And in all the
acts for catechising or examination before admission to the communion,
no inkling of imposition of hands.

IIII. Concerning the administration of the Sacraments in _private
places_, or private bapttisme, and private communion; findeth that in
the book of common order, set down before the Psalmes, it is said, That
the Sacraments are not ordained of God to be used in private corners,
as charmers and sorcerers use to doe, but left to the Congregation.
In the Assembly holden at Edinburgh in October Anno 1581. the same
year and Assembly, that the confession of Faith was subscribed: It
was ordained, that the Sacraments be not administred in private
houses, but solemnly according to good order hither-to observed.
The Minister of Tranent was suspended at that time, for baptizing
an infant in a private house: but confessing his offence, he was
ordained to make his publick repentance in the Kirk of Tranent, before
he be released. Another Minister was to be tried, and censured, for
baptizing privately, and celebrating the Communion upon Pasch-day,
at the Assembly holden in October 1580. Which acts and censures make
manifest, that our Kirk abhorred whatsoever fostered the opinion of the
necessitie of Baptisme, and giving of the Sacrament, as a _viaticum_.

All which, and many other acts, grounds, and reasons, being at length
agitated, and with mature deliberation pondered, and libertie granted
to every man to speak his minde; what could be said further, for the
full satisfaction of all men.

The matter was put to voicing, in these words: “Whether the five
articles of Perth, by the confession of Faith, as it was meaned and
professed in the year 1580. 1581. 1590. 1591. ought to be removed
out of this Kirk:” The whole Assembly all in one consent, one onely
excepted, did voice that the five articles above specified were abjured
by this Kirk, in that Confession, and so ought to be removed out of
it: And therefore prohibiteth and dischargeth all disputing for them,
or observing of them, or any of them, in all time comming, and ordains
Presbyteries to proceed with the censures of the Kirk against all
transgressours.


Act Sess. 21. December 17. 1638.

Concerning Kirk Sessions, provinciall and nationall Assemblies, the
generall Assembly considering the great defection of this Kirk, and
decay of Religion, by the usurpation of the Prelates, and their
suppressing of ordinaire judicatories of the Kirk, and clearly
perceiving the benefit which will redound to the Religion by the
restitution of the said judicatories, remembring also that they stand
obliged by their solemne oath, and covenant with God, to return to
the doctrine and discipline of this Kirk; as it was profest 1580,
1581, 1590, 1591. which in the book of Policie, registrat in the books
of the Assembly 1581. and ordained to be subscribed, 1590, 1591. is
particularly exprest both touching the constitution of the Assemblies,
of their members, Ministers, and Elders, and touching the number, power
and authority of these members, in all matters ecclesastical.

The Assembly findeth it necessar to restore, and by these presents
restoreth all these Assemblies unto their full integritie in their
members, priviledges, liberties, powers, and jurisdictions; as they
were constitute by the foresaid book of Policie.

       *       *       *       *       *


Act Sess. 23. 24. December 17. 18.

Anent the report of the Committie, appointed for considering what
constitutions were to be revived, or made of new, they proponed the
overtures following: which were read and allowed by the whole Assembly,
or by them referred to the consideration of the severall Presbyteries.

Anent Presbyteries which have been erected since the year 1586. It
seemeth needfull, that they bee ratified by an act of this generall
Assembly, and that other Presbyteries shall be erected, where they
shall be found needfull, and especially now in the Synod of Lismore,
according to the particular note given there anent.

The Assembly ratifieth these Presbyteries since 1586. and erected those
in Lismore, conforme to the note registrat in the books of Assembly.

Anent the keeping of _Presbyteriall meetings_; It is thought fit
that they be weekly, both in Sommer and Winter, except in places
farre distant, who during the winter season, (that is between the
first of October and the first of April) shall be dispensed with for
meeting once in the fourteen dayes, and that all absents be censured,
especially those who should exercise and adde, according to the Act
of Assembly 1582. at St. Andrews, April 24. Sess. 12. and that some
controverted head of doctrine bee handled in the presbyterie publikly,
and disputed among the brethren, every first Presbytererie of the
Moneth, according to the act of Assembly holden at Dundie 1598. Sess.
12.

The Assembly alloweth this Article.

       *       *       *       *       *

Anent the _visitation of particular Kirks_ within Presbyteries; it is
thought expedient that it be once every year, wherein a care is to be
had, among other things necessary, that it bee tryed, how domestick
exercises of Religion be exercised in particular families, and to see
what means there is in every Parish in Landward, for catechising and
instructing the youth.

The Assembly alloweth this article.

       *       *       *       *       *

IIII. Anent the _visitation of Kirks, Schooles, and Colledges_: It is
thought meet that the act of Assembly holden at Edinburgh the 25. of
Iunie 1565. Sess. 2. be put in execution, that the Minister of the
parochin, the Principall, Regents, and professours within Colledges,
and Masters, and Doctors of Schooles, be tryed concerning the
soundnesse of their judgment in matters of Religion, their abilitie,
for discharge of their calling, and the honesty of their conversation;
as the act of Assembly at Edinburgh, Iuni 21. 1567. Sess. 3. And the
act of the Assembly holden at Montrose 1596. Sess. 9. do import: and
this visitation of Colledges to be by way of commission from the
generall Assembly.

The generall Assembly alloweth this article.

       *       *       *       *       *

V. Anent _none residents_: It is thought necessary, that every Minister
be oblished to reside in his own Parochin at his ordinarie Manse, for
the better attending of the duties of his calling, conforme to the Acts
of Assemblies, viz. act of Assembly at Edinburgh, March 24. 1595. Sess.
7. as also act at Edinburgh, December 25. 1563. Sess. 5. and Assembly
at Edinburgh, December 25. 1565. Sess. 4. Assemble at Edinburgh, March
6. 1572. Sess. 3.

The Assembly alloweth this article.

       *       *       *       *       *

VI. Anent the _planting of Schools in Landward_, the want whereof doth
greatly prejudge the grouth of the Gospel, and procure the decay of
Religion: The Assembly giveth direction to severall Presbyteries for
the setling of Schooles in every Landward Parochin, and providing of
men able for the charge of teaching of the youth, public reading and
precenting of the Psalme, and the catechising of the common people, and
that means be provided for their intertainment, in the most convenient
manner that may be had, according to the abilitie of the Parochin.

The Assembly alloweth; and referreth the particular course unto the
severall Presbyteries.

       *       *       *       *       *

VII. Anent the late _admission of Ministers by Presbyteries_, and the
_choice of Moderatours_, according to the ancient power of the said
Presbyteries: The Assembly declareth they had power to doe the same,
and ratifieth that what hath been done of late of that kinde upon
warrantable grounds, that here after it be not called in question.

The Assembly alloweth this article.

       *       *       *       *       *

VIII. Anent the _competencie of Presbyteries and parochins_, that some
proportion may be keeped, both anent the number and distance of place:
It would seem expedient that this generall Assembly should appoint a
Commission for every Shyre, where there is such necessitie, that the
particular Parochins and Presbyteries within the bounds bee duely
considered, and overtures be these of the same commission given into
the provinciall Synods, and by them to the generall Assembly, that
there they may be advised, and ratified.

The Assembly referreth this to the care of the particular presbyteries.

       *       *       *       *       *

IX. Anent the _entrie and conversation of Ministers_: It is expedient
that the act of Assembly holden at Edinburgh, March 24. 1595. Sess. 7.
be ratified, and put in execution in every Presbyterie, and to that
end, that they get a coppie thereof, under the Clerks hand whereof the
tennour followeth.


“Act Sess. 7. March 24. of the Assembly at Edinburgh 1595.

“Concerning the _defections in the ministerie_, the same being at
length read out, reasoned, and considered; The brethren concluded the
same, agreeing there-with: and in respect that by Gods grace, they
intend reformation, and to see the Kirk and ministery purged; to the
effect the worke may have better successe, they think it necessar
that this Assembly be humbled, for wanting such care as became in
such points, as is set down; and some zealous and godly brethren in
doctrine, lay them out for their better humiliation; and that they make
solemne promise before the Majestie of God; and make new covenant with
him for a more carefull and reverent discharge of their ministerie.
To the which effect was chosen Mr Iohn Davidson; and Twesday next at
nine houres in the morning appointed, in the new Kirk, for that effect:
whereunto none is to resort, but the ministrie: the forme to bee
advised the morne in privie conference.

  “The tennour of the advise of the brethren; depute for penning the
  enormities and corruptions in the ministerie, and remead thereof,
  allowed by the generall Assembly here conveened. 1596.


“_Corruptions in the office._

“For as much as by the too sudden admission and light tryall of persons
to the ministrie, it cometh to passe that many scandals fall out in the
persons of ministers: it would bee ordained in time comming, that more
diligent inquisition and triall be used of all such persons as shall
enter into the ministrie.

“As specially these points. That the intrant shall be posed upon his
conscience, before the great God, (and that in most grave manner,) what
moveth him to accept the office and charge of the ministrie upon him.

“That it be inquired, if any by solistation, or moyen, directly or
indirectly, prease to enter in the said office: And, if it bee found,
that the solister be repelled; and that the Presbyterie repell all such
of their number from voting in the election or admission as shall bee
found moyeners for the soliciter, and posed upon their conscience to
declare the truth to that effect.

“Thirdly, because by presentations, many forcibly are thrust into the
ministery, and upon Congregations, that utter thereafter that they were
not called by God: It would bee provided that none seeke presentations
to Benefices without advice of the Presbyterie within the bounds
whereof the benefice is, and if any doe in the contrarie, they to be
repelled as _rei ambitus_.

“That the tryall of persons to be admitted to the ministrie hereafter,
consist not only in their learning and abilitie to preach, but also in
conscience, and feeling, and spirituall wisedome, and namely in the
knowledge of the bounds of their calling in doctrine, discipline, and
wisedome, to behave himselfe accordingly with the diverse ranks of
persons within his flock, as namely with Atheists, rebellious, weak
consciences, and such other, wherein the pastorall charge is most
kythed; and that he be meet to stop the mouthes of the adversaries:
and such as are not qualified in these points to be delayed to further
tryall; and while they be found qualified. And because men may be
found meet for some places who are not meet for other, it would be
considered, that the principall places of the Realme be provided by men
of most worthie gifts, wisedome and experience, and that none take the
charge of greater number of people nor they are able to discharge: And
the Assembly to take order herewith, and the act of the provinciall of
Louthain, made at Linlithgow, to be urged.

“That such as shall bee found not given to their book and studie of
scriptures, not carefull to have books, not given to sanctification and
prayer, that studie not to bee powerfull and spirituall, not applying
the doctrine to corruptions, which is the pastorall gift, obscure and
too scholastick before the people, cold, and wanting of spirituall
zeal, negligent in visiting of the sick, and caring for the poore; or
indiscreet in choosing of parts of the word not meetest for the flock,
flatterers and dissembling at publick sins, and specially of great
personages in their congregations, for flattery, or for fear, that all
such persons bee censured, according to the degree of their faults, and
continuing therein, bee deprived.

“That such as be slothfull in the ministration of the Sacraments and
irreverent, as prophaners receiving the cleane and uncleane, ignorants
and senselesse prophane, and making no conscience of their profession
in their calling and families, omitting due tryall or using none, or
light tryall, having respect in their tryall to persons, wherein there
is manifest corruption; that all such bee sharply rebuked, and if they
continue therein, that they be deposed.

“And if any be found a seller of the Sacraments, that hee bee deposed
_simpliciter_: and such as collude with slanderous persons in
dispensing and over-seeing them for money, incurre the like punishment.
That every Minister be charged to have a Session established of the
meettest men in his Congregation, and that Discipline strike not only
upon grosse sins, as whoredome, blood-shed, &c. but upon sins repugnant
to the word of God, as blasphemie of God, banning, profaning of the
Sabbath, disobedient to parents, idle, unruly ones without calling,
drunkards, and such like deboshed men, as make not conscience of their
life and ruling of their families, and specially of education of their
children, lying, slandering, and backbiting and breaking of promises:
and this to be an universall order throughout the Realme, &c. and such
like as are negligent herein, and continue therein, after admonition,
be deposed.

“That none falling in public slanders, be received in the fellowship
of the Kirk, except his Minister have some appearance and warrand in
conscience, that hee hath both a feeling of sin, and apprehension of
mercie, and for this effect, that the Minister travell with him, by
doctrine and private instruction, to bring him hereto, and specially in
the doctrine of repentance, which, being neglected, the public place of
repentance is turned in a mocking.

“Dilapidation of benefices, dimitting of them for favour, or money,
that they become laick patronages, without advise of the Kirk, and
such like interchanging of benefices, by transaction and transporting
of themselves by that occasion, without the knowledge of the Kirk,
precisely to be punished. Such like, that setting of tacks without the
consent of the Assembly, be punished according to the acts: and that
the dimitters in favours for money, or otherwise to the effect above
writen; bee punished as the dilapidators.


“_Corruptions in their persons and lives._

“That such as are light and wanton in their behaviour, as in gorgeous
and light apparell; in speech, in using light and prophane companie,
unlawfull gaming, as dancing, carding, dycing, and such like, not
beseeming the gravitie of a Pastour, bee sharply and gravely reproved
by the Presbyterie, according to the degree thereof: and continuing
therein after due admonition, that hee bee depryved, as slanderous to
the Gospel.

“That Ministers being found swearers, or banners, prophaners of the
Sabbath, drunkards, fighters, guiltie of all these or any of them, be
deposed simpliciter; and such like, lyars, detracters, flatterers,
breakers of promise, brawlers, and quarrellers, after admonition
continuing therein, incurre the same punishment.

“That Ministers given to unlawful and incompetent trades and
occupations for filthie gain, as holding of ostleries, taking of ocker
beside conscience and good lawes, and bearing worldly offices in
noblemen and gentlements houses, merchandise, and such like, buying of
victuals, and keeping to the dearth, and all such worldly occupations,
as may distract them from their charge, and may be slanderous to the
pastorall calling, be admonished and brought to the acknowledging of
their sins, and if they continue therein, to be deposed.

“That Ministers not resident at their flocks, be deposed according to
the Acts of the generall Assembly, and lawes of the Realme: otherwise
the burthen to be laid on the Presbyteries, and they to be censured
therefore.

“That the Assembly command all their members, that none of them await
on the court and afairs thereof, without the advice and allowance of
their Presbyterie. Item, that they intend no action civill without
the said advice, except in small maters; and for remeding of the
necessitie, that some Ministers hath to enter in plea of law, that
remedie bee craved, that short processe bee devised, to bee used in
Ministers actions.

“That Ministers take speciall care in using godly exercises in their
families, in teaching of their wives, children, and servants, in using
ordinarie prayers and reading of Scriptures, in removing of offensive
persons out of their families, and such like other points of godly
conversation, and good example, & that they, at the visitation of their
Kirks, try the Ministers families in these points foresaid, and such
as are found negligent in these points after due admonition, shall be
adjudged unmeet to govern the house of God, according to the rule of
the Apostle.

“That Ministers in all companies strive to bee spirituall and
profitable, and to talke of things pertaining to godlinesse, as,
namely, of such as may strengthen us in Christ, instruct us in our
calling, of the means how to have Christs Kingdome better established
in our Congregations, and to know how the Gospel flourisheth in our
flocks, and such like others the hinderances, and the remeeds that
we finde, &c., wherein there is manifold corruptions, both in our
companying with our selves, and with others: and that the contraveeners
thereof be tryed, and sharply be rebuked.

“That no Minister be found to contenance, procure, or assist a publick
offender challenged by his own Minister, for his publick offence, or to
bear with him, as though his Minister were too severe upon him, under
the pain of admonition and rebuking.


“_Anent generall Assemblies._

“To urge the keeping of the Acts anent the keeping of the Assembly,
that it may have the own reverence and majestie.”

  The Assembly having heard the whole act read, most unanimously
  alloweth and approveth this article.

X. Anent the defraying of the expenses of the Commissioners to the
generall Assembly, referreth and recommendeth the same unto the
particular Presbyteries, and especially to the ruling Elders therein,
that they may take such courses whereby, according to reason and former
acts of Assemblies, the Commissioners expenses to this Assembly, and
to the subsequent, may be born by the particular parochins of every
Presbyterie, who sendeth them in their name, and to their behalf,
and for that effect, that all sort of persons able in land or moneys
proportionally, may bear a part of the burthen, as they reap the
benefit of their paines.

The Assembly referreth this unto the care of the particular
Presbyteries.

XI. Anent the _repressing of poperie and superstition;_ It seemeth
expedient that the number and names of all the Papists in this Kingdome
be taken up at this Assembly, if it may be conveniently done, and if
not, that it be remitted to the next provincial Assemblies, that it
may appear what grouth poperie hath had, and now hath through this
Kingdome, what popish priests, and Iesuits there born in the land; and
that all persons of whatsoever state and condition, be obliged to swear
and subscribe the confession of Faith, as it is now condescended upon
by this generall Assembly, that they frequent the word and Sacraments
in the ordinar dyets and places, otherwise to proceed against them with
the censures of the Kirk, and that children be not sent out of the
countrey without licence of the Presbyteries or provinciall Synods of
the bounds where they dwell.

The Assembly referreth this article to the severall Presbyteries.

XII. Anent order to be taken that the Lords Supper be more frequently
administrat both in burgh and landward, then it hath been in these
years by-gone: It were expedient that the act at Edinburgh December 25.
1562. Sess. 5. bee renewed, and some course bee taken for furnishing of
the elements, where the Minister of the Parish hath allowance only for
once in the year.

The Assembly referreth this to the consideration of Presbyteries,
and declareth that the charges be rather payed out of that dayes
collection, then that the Congregation want the more frequent use of
the Sacrament.

XIII. Anent the entrie of Ministers to the ministrie: The Assembly
thinks expedient that the act holden at St. Andrews April 24. 1582.
Sess. 7. Touching the age of twenty five years be renewed, and none
to be admitted before that time, except such as for rare and singular
qualities, shall be judged by the generall or provinciall Assembly to
be meet and worthie thereof.

The Assembly approveth this article.

XIV. Anent mercats on Monday and Saturday within Burghs, causing
intollerable profanation of the Lords Day, by carying of loads,
bearing of Burthens; and other work of that kinde: It were expedient
for the redresse thereof, that the care for restraining of this abuse
be recommended by the Assembly unto the several Burghs, and they to
bee earnestly entreated to finde out some way for the repressing of
this evill, and changing of the day, and to report their diligence
there-anent to the next generall Assembly.

The Assembly referreth this article to the consideration of the
Burrows.

XV. Anent the profaination of the Sabbath-day in Landward, especially
for want of divine service in the afternoone: The Assembly ordaineth
the act of Assembly holden at Dundie, Iuly 12. 1580. Sess. 10. for
keeping both dyets, to be put in execution.

The Assembly alloweth this article.


XVI. Anent frequenting with excommunicat persons: The Assembly
ordaineth that the act at Edinburgh, March 5. 1569. Sess. 10. to wit,
“That these who will not forbear the companie of excommunicat persons
after due admonition, be excommunicat themselves except they forbear,”
to be put in execution.

The Assembly alloweth this article.


XVII. Whereas the confession of the Faith of this Kirk, concerning both
Doctrine and Discipline, so often called in question by the corrupt
judgment and tyrannous authoritie of the pretended Prelats, in now
clearly explained, and by this whole Kirk represented by this generall
Assembly concluded, ordained also to bee subscribed by all sorts of
persons within the said Kirk and Kingdome: The Assembly constitutes,
and ordaines, that from henceforth no sort of person, of whatsoever
quality and degree, be permitted to speak, or write against the said
Confession, this Assembly, or any act of this Assembly, and that under
the paine of incurring the censures of this Kirk.

The Assembly alloweth this article.


XVIII. Anent voicing in Kirk Sessions: It is thought expedient that no
Minister moderating his Session, shall usurpe a negative voice over
the members of his Session, and where there is two or moe Ministers
in one Congregation, that they have equall power in voicing, that one
of them hinder not the reasoning or voicing of any thing, whereunto
the other Minister or Ministers, with a great part of the Session
inclineth, being agreeable to the acts and practise of the Kirk, and
that one of the Ministers without advice of his colleague appoint not
dyets of Communion nor examination, neither hinder his colleague from
catechising and using other religious exercises as oft as he pleaseth.

The Assembly referreth this article to the care of the Presbyteries.


XIX. Since the office of Diocesane, or lordly Bishop, is all-uterly
abjured, and removed? out of this Kirk: It is thought fit that all
titles of dignitie, savouring more of poperie than of Christian
libertie, as Chapters with their elections and consecrations, Abbots,
Pryors, Deans, Arch-deacons, Preaching-deacons, Chanters, Subchanters,
and others having the like title, flowing from the Pope and canon law
only, as testifieth the second book of Discipline, bee also banished
out of this reformed Kirk, and not to bee usurped or used hereafter
under ecclesiasticall censure.

The Assembly alloweth this Article.

XX. Anent the _presenting either of Pastours or Readers and
School-masters_, to particular Congregations, that there be a respect
had to the Congregation, and that no person be intruded in any office
of the Kirke, contrare to the will of the congregation to which they
are appointed.

The Assembly alloweth this article.


XXI. Anent _Marriage without proclamation of bans_, which being in use
these years by-gone hath produced many dangerous effects: The Assembly
would discharge the same, conforme to the former acts, except the
Presbyterie in some necessarie exigents dispense therewith.

The Assembly alloweth this article.


XXII. Anent the _buriall in Kirks_, the Assembly would be pleased to
consider anent the act of Assembly at Edinburgh 1588. Sess. 5. if
it shall be put in execution, and to discharge funerall sermons, as
savouring of superstition.

The Assembly referreth the former part of this article anent buriall in
Kirks to the care of Presbyteries, and dischargeth all funerall sermons.


XXIII. Anent _the tryall of Expectants_ before their entrie to the
ministrie, it being notour that they have subscribed the confession of
Faith now declared in this Assembly, and that they have exercised often
privatly, and publickly, with approbation of the Presbyterie, they
shall first adde and make the exercise publicly, and make a discourse
of some common head in Latine, and give propositions thereupon for
dispute, and thereafter be questioned by the Presbyterie upon questions
of controversie, and chronologie, anent particular texts of Scripture
how they may be interpreted according to the analogie of Faith, and
reconciled, and that they be examined upon their skill of the Greek and
Hebrew, that they bring a testificat of their life and conversation
from either Colledge or Presbyterie, where they reside.

The Assembly alloweth this article.


XXIV. The Assembly having considered the order of the provincial
Assemblies, given in by the most ancient of the Ministrie within every
Province, as the ancient plateforme thereof, ordained the same to be
observed conforme to the roll, registrat in the books of Assembly,
whereof the tennour followeth.

_The order of the_ PROVINCIAL ASSEMBLIES _in Scotland, according to the
Presbyteries therein contained._


  1. _The Provinciall Assembly of_ MERS _and_ TIVIDAILL.

  The Presbyteries of   The bounds.
    Dunce.                Mers.
    Chirnside.            Tividail.
    Kelso.                The Forrest.
    Erstiltoun.           Lauderdail.
    Jedburgh.
    Melros.
  To meet the first time at Jedburgh, the third Twesday of April.


  2.  _The Provinciall of_ LOUTHIAN.

  The Presbyteries of   The bounds.
    Dumbar.               e. Louthian.
    Hadingtoun.           w. Louthian.
    Dalkeeth.             Tweeddaill.
    Edinburgh.
    Peebles.
    Linlithgow.
  To meet the first time at Edinburgh the third Twesday of April.


  3. _The Provinciall of_ PERTH.

  The Presbyteries of   The bounds.
    Perth.                The Shyrefdome
    Dunkel.               of Perth and of
    Aughterardor.         Striviling Shire.
    Striviling.
    Dumblane.
  To meet the first time at Perth, the second Twesday of April.


  4.  _The Province of_ DRUMFREES.

  The Presbyteries of   The bounds.
    Dumfrees.             Niddisdaill.
    Penpont.              Annandaill.
    Lochmabane.           Ewsdaill.
    Middilbee.            Eskdaill.
                          Wachopdaill
                          & a part of
                          Galloway.
  To meet the first time at Drumfrees, the second Twesday of April.

  5. _The Provinciall of_ GALLOWAY.

  The Presbyteries of  The bounds.
    Wigtoun.             The Shyrefdome
    Kirkubright.         of Wigtoun,
    Stranraver.          and Stewartie of
                         Kirkubright.
  To meet the first time at Wigtoun, third Twesday of April.


  _The Provinciall Synod of_ AIRE _or_ IRWING.

  The Presbyteries of  The bounds.
    Aire.                The Shyrefdome
    Irwing.              of Aire
  To meet with the Provincial Synod of Glasgow
  _pro hac vice_, the first Twesday of April.


  6. _The Provinciall Synod of_ GLASGOW.

  The Presbyteries of  The bounds.
    Pasley.              The Shyr. of Lennox,
    Dumbartane.          the Barrony of Renfrow,
    Glasgow.             the Shy. of Clydsdail
    Hamiltoun.           over and nether.
    Lanerik.
  To meet with the Provincial Synod of Aire and Irwing
  at Glasgow, _pro hac vice_.


  7. _The Provinciall Synod of_ ARGYL, _desired to bee
  erected in several Presbyteries, according to the note
  given in._

  The Presbyteries of  The bounds.
    Dunnune.             The Shyrifdomes
    Kinloch.             of Argil & Boot,
    Inneraray.           with a part of
    Kilmoir.             Lochabar.
    Skye.
  To meet the first time at Innereray, the 4 Twesday of April.


  8. _The Provinciall Synod of_ FIFE.

  The Presbyteries of  The bounds.
    St Andrews.          The Shyrefdome
    Cowper.              of Fife.
    Kirkadie.
    Dunferling.
  To meet the first time at Cowper in Fife the first Twesday of April.


  9. _The Provinciall Synod of_ ANGUS _and_ MERNS.

  The Presbyteries of  The bounds.
    Meegle.              The Shyrefdomes
    Dundie.              of Forfair
    Arbroth.             and Merns.
    Forfair.
    Brechen.
    Merns.
  To meet the first time at Dundie, the third Twesday of April.


  10. _The Provinciall Synod of_ ABERDENE.

  The Presbyteries of  The bounds.
    Aberdene.            The Shyrefdomes
    Kincairdin.          of Aberdene
    All-foord.           and Bamfe.
    Gairloch.
    Ellan Deer.
    Turreffe.
    Fordyce.
  To meet the first time at new Aberdene, the 3 Twesday of April.


  11. _The Provinciall Synod of_ MURRAY.

  The Presbyteries of  The bounds.
    Innernes.            The Shyrefdomes
    Forresse.            of Innernes in
    Elgin.               part, Nairn in
    Strabogie.           part, Murray,
    Abernethie.          Bamf in part,
    Aberlower.           Aberden in part.
  To meet the first time at Forresse, the last Twesday of April.


  12. _The Provinciall Synod of_ ROSSE.

  The Presbyteries of  The bounds.
    Chanrie.             The Shyrefdome
    Taine.               of Innernes
    Dingwall.            in part.
  To meet the first time at Chanrie, the 2 Twesday of April.


  13. _The Provinciall Synod of_ CATHNES.

  The Presbyteries of  The bounds.
    Dornoch.             Cathnes.
    Weeke or             Sutherland.
    Thurso.
  To meet the first time at Dornoch, the third Twesday of April.


  14. _The Provinciall Synod of_ ORKNEY _and_ ZETLAND.

  The Presbyteries of  The bounds.
    Kirkwall.            The Shrefdome
    Scalloway.           of Orkney
                         and Zetland.
  To meet the first time at Kirkwall, the second Twesday of April.

15. _The Provinciall Synod of the Isles._

All the Kirks of the North west Isles, viz. Sky, Lewes, and the rest
of the Isles, which were lyable to the Diocie of the Isles, except the
South-west isles which are joyned to the Presbyteries of Argyll, To
meet the first time at Skye the second Twesday of May.


That the Minister of the place where the Synodall Assembly meets shall
preach the first day of their meeting, and give timouse advertisement
to the rest of the Presbyteries.

It is remembered that of old the Synodall Assemblies that were nearest
to others, had correspondence among themselves, by sending one or two
Commissioners mutually from one to another, which course is thought
fit to be keeped in time comming: viz. The Provincials of Louthian,
and Mers, &c. The Provincials of Drumfries, Galloway, Glasgow, and
Argyll, The Provincials of Perth, Fyfe, and Angus, &c. The Provincials
of Aberdein and Murray. The Provincials of Rosse, Caithnes, and Orknay.
The Commissioners for correspondence amongst the Synodals to be a
Minister and a ruling Elder.

The Assembly recommendeth to the severall Presbyteries the execution
of the old acts of Assemblies, against the break of the Sabbath-day,
by the going of Milles, Salt-pans, Salmond-fishing, or any such-like
labour, and to this end revives and renews the act of the Assembly,
holden at Halyrudehouse 1602. Sess. 5. whereof the tennour followeth.

“The Assemblie considering that the conventions of the people,
specially on the Sabbath-day, are verie rare in manie places, by
distraction of labour, not only in Harvest and Seed-time, but also
every Sabbath by fishing both of white fish and Salmond fishing, and in
going of Milles: Therefore the Assemblie, dischargeth and inhibiteth,
all such labour of fishing as-well whyte fish as Salmond-fish, and
going of Miles of all sorts upon the Sabbath-day, under the paine of
incurring the censures of the Kirk. And ordains the Commissioners of
this Assemblie to meane the same to his Majestie, and to desire that a
pecuniall paine may be injoyned upon the contraveeners of this present
act.”

       *       *       *       *       *

Act Sess. 24. December 18. 1638.

The Assembly considering the great necessity of purging this land from
bygone corruptions, and of preserving her from the like in time coming,
ordaineth the Presbyteries to proceed with the censures of the Kirk,
to excommunication, against those Ministers who being deposed by this
Assembly acquiesces not to their sentences, but exercise some part of
their Ministeriall function, refuseth themselves, and with-draw others
from the obedience of the acts of the Assembly.

       *       *       *       *       *

Act Sess. 25. December 19. 1638.

_Against the civill places and power of Kirk-men._

The generall Assembly, remembering that among other clauses of the
application of the confession of Faith to the present time, which
was subscribed in Februarie 1638. The clause touching the civill
places and power of Kirk-men, was referred unto the tryall of this
Assembly; entered into a serious search thereof, especially of their
sitting on the bench, as Iustices of peace, their sitting in Session
and Councell, their ryding and voting in Parlament: and considering
how this vote in Parlament, was not at first sought nor requyred by
this Kirke, or worthy men of the Ministerie, but being obtruded upon
them, was disallowed for such reasons as could not well be answered
(as appeareth by the conference, holden at Halyrude-house 1599.
which with the reasons therein contained was read in the face of the
Assembly) & by plurality of voices not being able to resist that
enforced favour, they foreseeing the dangerous consequences thereof,
in the Assembly at Montrose did limitate the same by many necessare
cautions: Considering also the protestation made in the Parliament
1606. by Commissioners from Presbyteries, and provinciall Assemblies,
against this restitution of Bishops to vote in Parlament, and against
all civill offices in the persons of Pastors, separate unto the
Gospel, as incompatible with their spirituall function; with the
manifold reasons of that Protestation from the word of God, ancient
Councels, ancient and moderne Divines, from the Doctrine, discipline,
and Confession of Faith of the Kirk of Scotland, which are extant in
print, and were read in the audience of the Assembly: Considering also
from their own experience the bad fruits and great evils, which have
been the inseparable consequents of these offices, and that power in
the persons of Pastors separate to the Gospel, to the great prejudice
of the freedome and libertie of the Kirk, the jurisdiction of her
Assemblies, and the powerfull fruits of their spirituall Ministerie;
The Assembly most unanimously in one voice, with the hesitation of two
allanerly, declared, that as on the one part the Kirk and the Ministers
thereof are oblidged to give their advise and good counsell in matters
concerning the Kirk or the Conscience of any whatsomever, to his
Majestie, to the Parlament to the Councell, or to any member thereof,
for their resolutions from the word of God, So on the other part,
that it is both inexpedient, and unlawful in this Kirk, for Pastors
separate unto the Gospel to brook civil places, and offices, as to be
Iustices of peace; sit and decerne in Councell, Session, or Exchecker;
to ryde or vote in Parlament, to be Iudges or Assessors in any Civill
Judicatorie: and therefore rescinds and annuls, all contrarie acts of
Assembly, namely of the Assembly holden at Montrose 1600. which being
prest by authority, did rather for an _interim_ tolerat the same, and
that limitate by many cautions, for the breach whereof the Prelats have
been justly censured, then in freedome of judgement allow thereof, and
ordaineth the Presbyteries to proceed with the Censures of the Kirk,
against such as shall transgresse herein in time comming.

       *       *       *       *       *

Act Sess. 26. December 20. 1638.

The Assembly considering the great prejudice which God’s Kirk in this
land, hath sustained these years bypast, by the unwarranted printing
of lybels, pamphlets, and polemicks, to the disgrace of Religion,
slander of the Gospel, infecting and disquyeting the mindes of God’s
people, and disturbance of the peace of the Kirk, and remembring the
former acts, and custome of this Kirk, as of all other Kirks, made for
restraining these and the like abuses, and that nothing be printed
concerning the Kirk, and Religion, except it be allowed by these whom
the Kirk intrusts with that charge: The Assembly unanimously, by
vertue of their ecclesiastical authority, dischargeth and inhibiteth
all printers within this Kingdome, to print any act of the former
Assemblies, any of the acts or proceedings, of this Assembly, any
confession of Faith, any Protestations, any reasons _pro_ or _contra_,
anent the present divisions and controversies of this time, or any
other treatise whatsoever which may concerne the Kirk of Scotland,
or God’s cause in hand, without warrand subscribed by Mr Archibald
Iohnston, as Clerk to the Assembly, and Advocate for the Kirk; or to
reprint without his warrand, any acts or treatises foresaids, which
he hath caused any other to print, under the paine of Ecclesiasticall
censures to be execute against the transgressours by the several
Presbyteries, and in case of their refusal, by the several Commissiones
from this Assembly: Whereunto also we are confident, the honourable
Iudges of this land will contribute their civill authority: and this to
be intimat publickly in pulpit, with the other generall acts of this
Assembly.

       *       *       *       *       *

Act Sess. 26. December 20. 1638.

The generall Assembly ordaineth all Presbyteries and Provinciall
Assemblies to conveen before them, such as are scandalous and
malicious, and will not acknowledge this Assembly, nor acquiesce
unto the acts thereof: And to censure them according to their malice
and contempt, and acts of this Kirk; and where Presbyteries are
refractarie, granteth power unto the several Commissions to summond
them to compear before the next generall Assembly to be holden at
Edinburgh, the third Wedinsday of Iulie, to abide their tryall and
censure.

       *       *       *       *       *

Act. Sess. 26. December 20. 1638.

The Assembly considering the acts and practise of this Kirk in her
purest times, that the Commissioners of every Presbyterie, Burgh, and
Universitie, were both ordained to take, and really did take from the
Clerk the whole generall acts of the Assembly, subscribed by the Clerk:
Whereby they might rule and conforme their judicatorie themselves, and
all persons within their jurisdictions, unto the obedience thereof:
Considering the great prejudices we have lately felt out of ignorance
of the acts of Assembly, Considering also the great necessity in
this time of reformation, beyond any other ordinarie time, to have
an extract thereof: The Assembly ordaineth be this present act,
that all Commissioners from Presbyteries, Burghs, and Universities,
presently get under the Clerks hand an Index of the acts, till the
acts themselves be extracted, and thereafter to get the full extract
of the whole generall acts, to be insert in their Presbyterie books,
whereby all their proceedings may be regulate in time coming. Likeas
the Assembly recommendeth unto every Kirk Session, for the preservation
of their particular Paroch from the reentrie of the corruptions now
discharged, and for their continuance in the Covenant, anent doctrine,
worship, and discipline now declared, to obtain an extract of these
acts: especially if they be printed: Seeing their pryce will no wayes
then be considerable: as the benefite both of the particular Parish,
and the interest of the whole Kirk, in the preservation thereof from
defection is undenyable: seeing Presbyteries are composed of sundry
parochins, and so must be affected, or infected as they are, as
Provinciall and generall Assemblies, are composed of Presbyteries, and
so must be disposed as they are.

Act Sess. 26. December 20.

_In the Assembly at Glasgow 1638. concerning the confession of Faith
renewed in Februar, 1638._

The Assembly considering that for the purging and preservation of
religion, for the Kings Majesties honour, and for the publick peace
of the Kirk and Kingdome, the renewing of that nationall Covenant and
oath of this Kirk and Kingdome, in Februar 1638. was most necessare,
likeas the Lord hath blessed the same from Heaven with a wonderfull
successe for the good of religion, that the said Covenant suspendeth
the practise of novations already introduced, and the approbation
of the corruptions of the present governement of the Kirk, with the
civill places, and power of Kirkmen, till they be tryed in a free
generall Assembly, and that now after long and serious examination, it
is found that by the confession of Faith, the five articles of Perth,
and Episcopall governement are abjured and to be removed out of this
Kirk, and the civill places and power of Kirk-men are declared to be
unlawfull; The Assembly alloweth and approveth the same in all the
heads and articles thereof, And ordaineth that all Ministers, Masters
of Universities, Colledges, and Schooles and all others who have not
already subscribed the said Confession and Covenant, shall subscribe
the same with these words prefixed, to the subscription, viz. The
article of this Covenant which was at the first subscription referred
to the determination of the general Assembly being now determined at
Glasgow, in December 1638. and thereby the five articles of Perth, and
the governement of the Kirk by Bishops, being declared to be abjured
and removed, the civill places and power of Kirk-men declared to be
unlawfull; We subscrive according to the determination, of the said
free and lawfull generall Assembly holden at Glasgow; and ordaineth,
_ad perpetuam rei memoriam_, the said Covenant with this declaration to
be insert in the registers of the Assemblies of this Kirk; generall,
Provinciall and Presbyteriall.

       *       *       *       *       *

Act Sess. 26. December 20. 1638.

_Concerning the subscribing the confession of Faithe lately subscribed
by his Majesties Commissioner, and urged to be subscribed by others._

Seeing the generall Assembly, to whom belongeth properly the publick
and judiciall interpretation of the confession of Faith, hath now
after accurat tryall, and mature deliberation clearly found, that the
five articles of Perth, and the governement of the Kirk by Bishops,
are abjured by the confession of Faith, as the same was professed in
the year 1580. and was renewed in this instant year 1638. And that the
Marques of Hammiltoun his Majesties Commissioner hath caused print
a Declaration, hearing that his Majesties intention and his own, in
causing subscribe the confession of Faith, is no wayes to abjure, but
to defend Episcopall governement, and that by the oath and explanation
set down in the act of Councel, it neither was nor possibly could be
abjured, requiring that none take the said oath, or any other oath in
any sense, which may not consist with Episcopall governement: which
is directly repugnant to the genuine and true meaning of the foresaid
Confession as it was professed in the year 1580. as is clearly now
found and declared by the generall Assembly: Therefore the generall
Assembly: Doth humbly supplicate, that his Majestie may be graciously
pleased, to acknowledge and approve the foresaid true interpretation,
and meaning of the generall Assembly, by his Royall warrand to his
Majesties Commissioner, Councell, and Subjects, to be put in record for
that effect, whereof we are confident, after his Majesty, hath received
true information from this Kirk, honoured with his Majesties birth and
baptisme, which will be a royall testimonie of his Majesties piety and
justice, and a powerfull meane to procure the heartie affection and
obedience of all his Majesties loyall Subjects: And in the meane time,
least any should fall under the danger of a contradictorie oath, and
bring the wrath of God upon themselves and the land, for the abuse of
his Name and Covenant; The Assembly by their Ecclesiasticall authority,
prohibiteth and dischargeth, that no member of this Kirk swear or
subscribe the said Confession, so far wreasted to a contrare meaning,
under paine of all Ecclesiasticall censure: but that they subscribe the
confession of Faith, renewed in Februar, with the Declaration of the
Assembly set down in the former Act.

       *       *       *       *       *

Act Sess. 26. December 20. 1638.

_Concerning yearly generall Assemblies._

The Assembly having considered the reasons lately printed for holding
of generall Assemblies, which are taken from the light of nature,
the promise of Iesus Christ, the practise of the holy Apostles, the
doctrine and custome of other reformed Kirks, and the liberty of
this nationall Kirk, as it is expressed in the book of Policie, and
acknowledged in the act of Parlament 1592, and from recent and present
experience, comparing the lamentable prejudices done to religion,
through the former want of free and lawfull Assemblies, and the
great benefite arysing to the Kirk, from this one free and lawfull
Assembly; finde it necessary to declare, and hereby declares, that
by Divine, Ecclesiasticall, and Civill warrands, this national Kirk
hath power and liberty to assemble and conveen in her yearly generall
Assemblies, and oftner _pro re nata_, as occasion and necessity shall
require. Appointeth the next Generall Assembly to sit at Edinburgh,
the third Weddinsday of Iulie 1639. And warneth all Presbyteries,
Universities, and Burghes, to send their Commissioners for keeping the
same. Giving power also to the Presbiterie of Edinburgh, _pro re nata:_
and upon any urgent and extraordinarie necessity (if any shall happen
before the diet appointed in Iulie) to give advertisement to all the
Presbyteries, Universities, and Burghes, to send their Commissioners
for holding an occasionall Assembly. And if in the meane time it shall
please the Kings Majestie to indict a generall Assembly, ordaineth all
Presbyteries, Universities, and Burghes, to send their Commissioners
for keeping the time and place which shall be appointed by his
Majesties Proclamation.

       *       *       *       *       *

Act Sess. 26. December 20.

_Ordaining an humble supplication to be sent to the King’s Majestie._

The Assembly, from the sense of his Majesties pietie and justice,
manifested in the publick indiction of their solemne meeting, for the
purging and preservation of Religion, in so great an exigent of the
extreame danger of both, from their fears arising out of experience
of the craftie and malicious dealing of their adversaries in giving
sinistrous informations against the most religious and loyall designes
and doings of his Majesties good Subjects, and from their earnest
desire to have his Majestie truely informed of their intentions and
proceedings, from themselves, who know them best, (which they are
confident, will be better beleeved, and finde more credite with
his Majestie, than any secret surmise or private suggestion to the
contrarie) that they may gaine his Majesties princely approbation and
ratification in the ensuing Parliament to their constitutions: Hath
thought meet and ordaineth, that an humble supplication be directed
to his Majestie, testifying their most heartie thankfullnesse for so
Royall a favour, as at this time hath refreshed the whole Kirk and
Kingdome, stopping the way of calumnie, and humbly supplicating for the
approbation, and ratification foresaid: That truth and peace may dwell
together in this Land, to the increase of his Majesties glorie, and the
comfort and quietnesse of his Majesties good People: This the Assembly
hath committed, according to the Articles foresaid, to be subscribed
by their Moderatour and Clerk, in their name. The tennour whereof
followeth.

_To the_ KINGS MOST EXCELLENT MAIESTIE:

_The humble Supplication of the generall Assembly of the Kirk of
Scotland, conveened at Glasgow, November 21. 1638._

MOST GRACIOUS SOVERAIGNE,

We your Majesties most humble and loyall Subjects, The Commissioners
from all the parts of this your Majesties ancient and native Kingdome,
and members of the National Assembly, conveened at Glasgow, by your
Majesties special indiction, considering the great happinesse which
ariseth both to Kirk and Common-wealth, by the mutual embracements
of Religion and Iustice, of truth and peace, when it pleaseth
the Supreame Providence so to dispose, that princely power and
ecclesiasticall authoritie joyne in one, do with all thankfulnesse
of heart acknowledge, with our mouthes doe confesse, and not only
with our pennes, but with all our power are readie to witnesse unto
the world, to your Majesties never dying glorie, how much the whole
Kingdome is affected and not only refreshed, but revived, with the
comfortable sense of your Majesties pietie, justice, and goodnesse,
in hearing our humble supplications, for a full and free generall
Assembly: and remembring that for the present, a more true and real
testimonie of our unfained acknowledgement, could not proceed from us
your Majesties duetyfull Subjects, then to walke worthie of so royall a
favour: It hath been our greatest care and most serious endevour, next
unto the will of IESUS CHRIST, the great King of his Kirk redeemed by
his own bloud, in all our proceedings, joyned with our hearty prayers
to GOD, for a blessing from heaven upon your Majesties Person and
government, from the first houre of our meeting, to carie our selves
in such moderation, order and loyaltie, as beseemed the subjects of so
just and gracious a King, lacking nothing so much as your Majesties
personall presence; With which had we been honoured and made happie,
we were confident to have gained your Majesties Royall approbation to
our ecclesiastick constitutions, and conclusions, knowing that a truly
Christian minde and royall heart inclined from above, to religion and
piety, will at the first discern, and discerning be deeply possessed
with the love of the ravishing beautie, and heavenly order of the
house of God; they both proceeding from the same Spirit. But as the
joy was unspeakable, and the hopes lively, which from the fountaines
of your Majesties favour did fill our hearts, so were we not a little
troubled, when wee did perceive that your Majesties Commissioner, as
before our meeting, he did endevour a prelimitation of the Assembly
in the necessarie Members thereof, and the matters to bee treated
therein, contrarie to the intention of your Majesties Proclamation
indicting a free Assembly according to the order of this Kirk, and
laws of the Kingdome: So from the first beginnings of our sitting
(as if his Lordship had come rather to crosse, nor to countenance
our lawfull proceedings, or as we had intended any prejudice to the
good of Religion, or to your Majesties honour (which GOD knoweth was
far from our thoughts) did suffer nothing, although most necessarie,
most ordinarie, and most undenyable, to passe without some censure,
contradiction, or protestation: And after some dayes debating of
this kinde, farre against our expectation, and to our great griefe,
did arise himself, commanded us, who had laboured in everything to
approve ourselves to GOD, and to his Lordship, as representing your
Majesties Person, to arise also, and prohibited our further meeting
by such a proclamation, as will bee found to have proceeded, rather
from an unwillingnesse that we should any longer sit, than from
any ground or reason, which may endure the tryall either of your
Majesties Parliament, or of your own royall Iudgement, unto which
if (being conveened by indiction from your Majestie, and sitting
now in a constitute Assembly) we should have given place, This Kirk
and Kingdome, contrare to your Majesties most laudable intentions
manifested in former proclamations, and contrarie to the desires and
expectation of all your Majesties good people had been in an instant
precipitate in such a world of confusions, and such depths of miserie,
as afterward could not easily have been cured. In this extreamitie we
made choise rather of that course which was most agreeable to your
Majesties will revealed unto us, after so many fervent supplications,
and did most conduce for the good of Religion, your Majesties honour,
and the well of your Majesties kingdome; then to give way to any
sudden motion, tending to the ruine of all; wherein wee are so far
from fearing the light, least our deeds should be reproved, that the
more accuracy that we are tryed, and the more impartially our using
of that power, which God Almighty, and your sacred Majestie, his
Vicegerent had put in our hands, for so good and necessarie ends, is
examined, we have the greater confidence, of your Majesties allowance
and ratihabition: and so much the rather, that being in a manner
inhibited to proceed in so good a work, we doubled our diligence, and
endevoured more carefully then before, when your Majesties Commissioner
was present, in every point, falling under our consideration, to walke
circumspectly, and without offence, as in the sight of God, and as if
your Majesties eyes had been looking upon us, labouring to proceed
according to the word of God, our confession of Faith, and nationall
oath, and the laudable constitutions of the lawfull Assemblies of
this Kirk; and studying rather to renew, and revive old acts made for
the reformation of Religion, in the time of your Majesties father, of
happie memorie, and extant in the records of the Kirk, which divine
providence hath preserved, and at this time brought to our hands; then
either to allow of such novations, as the avarice and ambition of men,
abusing authoritie for their own ends, had without order introduced;
or to appoint any new order, which had not been formerly received,
and sworn to bee reteined, in this Kirk. In all which the members
of the Assembly, found so clear and convincing light, to their full
satisfaction, against all their doubts and difficulties, that the
harmonie and unanimitie was rare and wonderfull, and that we could not
have agreed upon other constitutions, except wee would have been found
fighting against GOD. Your Majesties wise and princely minde knowethe,
that nothing is more ordinary then for men, when they doe well, to
bee evil spoken of, and that the best actions of men are many times
mis-construed, and mis-reported. Balaam, although a false Prophet,
was wronged: for in place of that which hee said, _The Lord refuseth
to give me leave to go with you:_ the princes of Moab reported unto
Balack, that Balaam refused to goe with them. But our comfort is, That
Truth is the daughter of time, and although calumnie often starteth
first, and runneth before, yet Veritie followeth her at the heels, and
possesseth her self in noble and royall hearts: where base calumnie
cannot long finde place. And our confidence is, that your Majestie with
that worthie King, will keep one eare shut against all the obloquies
of men; and with that more wise King, who, when he gave a proofe
that the wisedome of GOD was in him to doe judgment, would have both
parties to stand before him at once: that hearing them equally, they
might speed best, and go out most chearfully from his Majesties face,
who had the best cause. When your Majesties wisedome hath searched
all the secrets of this Assembly, let us be reputed the worst of all
men according to the aspersions which partialitie would put upon us,
let us be the most miserable of all men, to the full satisfaction of
the vindictive malice of our adversaries, let us by the whole world
bee judged of all men the most unworthie to breath any more in this
your Majesties Kingdome, if the cause that we maintaine, and have been
prosecuting, shall be found any other, but that we desire that the
Majestie of GOD, who is our fear and our dread, be served, and his
house ruled, according to his owne will; if we have not carried along
with us in all the Sessions of our Assemblie, a most humble and loyall
respect to your Majesties honour, which next unto the honour of the
living GOD, lyeth nearest our hearts; if we have not keeped our selves
within the limits of our reformation, without debording or reflecting
upon the constitution of other reformed Kirks, unto which wee heartily
wish all truth and peace, and by whose sound judgement and Christian
affection we certainly look to be approven; if we have not failed
rather by lenitie then by rigour in censuring of delinquents, never
exceeding the rules and lines prescribed, and observed by this Kirk;
and if (whatsoever men minding themselves, suggest to the contrary) the
government and discipline of this Kirk, subscribed and sworn before,
and now acknowledged by the unanimous consent of this Assembly, shall
not bee found to serve for the advancement of the Kingdome of CHRIST,
for procuring all duetifull obedience to your Majestie, in this your
Kingdome, and great riches and glorie to your Crown, for peace to us,
your Majesties loyall subjects, and for terrour to all the enemies of
your Majesties honour and our happinesse: and if any act hath proceeded
from us, so farre as our understanding could reach, and humane
infirmitie would suffer, which being duely examined according to the
grounds laid by your Majesties Father, of everlasting memory, and our
religious Progenitours, and which religion did forbid us to infringe,
shall merit the anger and indignation, wherewith wee are so often
threatened: But on the contrare, having sincerely sought the glorie
of GOD, the good of Religion, your Majesties honour, the censure of
impietie, and of men who had sold themselves to wickednesse, and the
re-establishment of the right constitution and government of this Kirk,
farre from the smallest appearance of wronging any other reformed Kirk,
we humbly beg, and certainly expect, that from the bright beames of
your Majesties countenance shining on this your Majesties own Kingdome
and people, all our stormes shall bee changed in a comfortable calme,
and sweet Sunshine, and that your Majesties ratification in the ensuing
Parliament, graciously indicted by your Majesties Proclamation to bee
keeped in May, shall setle us in such a firmnesse, and stabilitie
in our Religion, as shall adde a further lustre unto your Majesties
glorious Diademe, and make us a blessed people under your Majesties
long and prosperous reigne: which we beseech him who hath directed us
in our affaires, and by whom Kings reigne, to grant unto your Majestie,
to the admiration of all the world, the astonishment of your enemies,
and comfort of the godly.

FINIS.

_Collected, visied, and extracted forth of the Register of the acts of
the Assembly by me_ Mr. A. IHONSTON, _Clerk thereto, under my signe and
subscription manuall.—Edinburgh the 12 of Jan. 1639._

       *       *       *       *       *




A BREIFE COLLECTION _of the_ PASSAGES _of the_ ASSEMBLY _holden at_
GLASGOW, _in_ SCOTLAND, _November last, 1638; with the Deposicon of
Divers_ B.p.p. _Their_ OFFENCES _for which they were sentenced; and an_
INDEX _of all the_ ACTS _made at the said Assembly._


Upon Wednesday the vijᵗʰ day of November, a generall ffast was kept
throughout all Scotland, for calling upon God for his blessing upon
their Assembly, and praying for Gods gracious assistance that their
meeting might take good effect to Gods glorie and their owne good.

21.—Upon the 21ˢᵗ day of November, their Assembly begun, where (after
calling upon the name of the Lord) their Nobilitie and Commissioners
were called and desired to bring in their Commissions.

22.—The 22ᵈ day, the Commissioners Letters, and Commissions were
produced; and the Commissioners for every Presbyterie produced their
Commission.

23.—The 23ᵈ day, Mr Alexʳ. Henrison (after long contestacon) was chosen
Moderator for the Assembly.

24.—The 24ᵗʰ day the Assembly proceeded to the election of their Clerke
out of 4 Clarks, then nomynated:—(viz.)—Mr Thomas Sandilands, Mr
Archibald Johnston, Mr John Nicholls, and Mr Alexʳ Blair.

The Marquesse (as his Majesties Commissioner) desired that the votes
of his Assessors might be admitted for choosing the Clerke, and in all
other things, which the whole Assembly refused, for many reasons then
given.

25.—The Assembly, proceeding to their election, made choyce of Mr
Archibald Johnston for the Clerke, who, being generallie allowed of,
was presently sworne for the dutiful administracon of his office, and
to bee answerable for the Register Books to the said Assembly.

This being done, the Registers of all the Assemblies since 1560 were
produced, consisting of 6 faire volumes.

The Assembly, after some consultacon, made ane Act that the Earle of
Rothes, Earle of Lauderdale, Mr Alex. Wilson, the Earle of Dundie, Mr
Andrew Ramsay, Mr John Raine, Mr John Adamson, Mr James Bonnar, Mr
John Bell, and Mr Robert Murray, should visite and peruse the said
Books of the Assemblies, and to report their judgement concerning their
authentickness and creditt.

26.—The 26 day of November, (after prayers,) the Moderator desired
that the Commissions might be tryed and allowed, and, for avoyding of
tediousness, declared, that if any would object against any Commission
or Commissioner, they should be heard; But, if none objected, their
silence should be taken for approbacon.

To this the Kings Commissioner answered, That he might object against
anie Commission at any tyme, after the Commissions were produced.

Amongst manie Commissions produced this day, onely two were questioned,
and they were both for brethrin. In the one, the Laird of Dunn was
nominated a Commissioneasr; and, in the other, the Lord of Carnaigie
was made a Commissioner. Dunns Commission had an approbacon on the
backside thereof; but the Lord Carnaigies had noe approbacon; whereupon
the Lord Marquesse desired the copie of Dunns Commission and approbacon
under the Clerks hand. The Assembly were content hee should have the
Commission, but not the approbacon. Upon which the Marquesse took
instruments of their refusall.

27. The 27 day of November, (after prayers,) the rest of the
Commissions were read, and some were questioned—namely, for the
Presbitrie of Peebles; for the Presbitrie of Glasgow; for the Ministrie
of Glasgow—because each of them had three Commissions; and Brechin—for
having two Ruling Elders, (as aforesaid,) which were all referred to a
Committee of 6 Ministers, to consider of and certifie.

The Commission for the Colledge of Aberdeen had noe warrant to give any
vote; but only to attend their affaires as procurator for the Colledge.

The Presbitrie of Aberdeen had two Commissioners; (viz:)—Mr David
Lindsay, and Mr Doctor Guild, which were allowed.

28.—The 28 of November, the Visitors of the Registers gave in their
testimoniall, subscribed with their hands, testifying the Registers
to bee good, authentique, and worthy of credit; which, being read, Mr
Alexʳ Gibson further declared, in the presence of the Commissioners
and whole Assemblie, that he had seene and considered the registers
produced, and found them to be very authentique, and that hee thought
if the Registers of the Council or Sessions were compared with them,
they would be found to come fair short of those Registers.

Whereupon the Moderator desired the Commissioner, and all others, if
they had anything to say against the said Registers, they should speak
now, or give it in writing at the next sitting.

After this, protestacon was given in by Mr Robᵗ Elliot against the
election of the Commissioners for Peebles, wherein the Earle of
Traquaire was highly accused for intruding himselfe in that election;
and this was referred to a committee.

29.—The 29 of November, (after prayers,) Doctor Hamilton, in the name
of the Archbishopps and Bishops declined, in a protestacon to the
Marquesse, (who received it,) whereby they declyned the Assembly, and
protested that the same should bee holden null in law.

Whereupon Mr Alexʳ Gibson protested that the Bishops should be holden
as delinquents in the Assembly, and that they ought soe to come and
appeare personally.

After this, certaine remonstrances were presented, by the Presbitries
of Glasgow and Dundie, to the Commissioner and Assemblie, desiring all
Commissioners that have beene chosen to be laike Elders, might be putt
away, which was generally denyed.

The Moderator had presented unto him a paper which the Clerk read
openly to the Assemblie, containing many sufficient answers unto the
objections exhibited by the Bishops, with their declynator against the
lawfullnesse of the Assemblie.

After the same was read, the Moderator, in the name of the Assemblie,
desired the Marquesse, that it might bee voted in the Assembly, whether
or not they were competent Judges to the Bishops; but the Marquesse
refused, and adhered to the protestacon and declynator of the Bishops,
against the lawfullnes of the Assemblie; whereupon there was a great
conference betwixt the Marquesse, the Earle of Rothes, and the Lord
Lowdon, concerning the said declynator.

Their conference being ended, the Moderator againe desired the
Marquesse to lett the matter goe to voting, or else to make objections
against the lawfullnes of the Assemblie, and they would resolve them.
But the Marquesse still refused it, alleadging it to bee ane unlawfull
Assembly wherein laike Elders were; which was thus retorted—Then the
Assembly of Perth was noe lawfull Assembly, for there were Ruling
Elders; which answer much moved the Marquesse, and soe checked him as
he knew not what to answer; for that Assemblie is the chiefe Assemblie
the Prelats had. But the Marquesse put it off with a faire discourse,
and, at last, told them he hoped the King’s declaracon of his pleasure
would fully satisfie them, which hee caused the Clerke to reade.

His Majesties will was, That the Service-Book, Booke of Canons, and
High Commission, should be annulled and discharged; The practise of the
5 Articles at Perth, or the urging thereof; and freed all Ministers
from all unlawful oaths at their admission; likewise it made all his
Majesties subjects lyable unto the censure of the Church; onely hee
would not have the office of a Bishop to be altogether destroyed.

After this, the Clerk read the Noblemens Protestacon, which was made
to uphold the liberty and freedome of the Assemble, which being read,
the Marquesse fell into a large discourse concerning the goodnes and
liberalitie of the King’s Majestie, which was fully answered by the
Moderator, who acknowledged his Majesties goodnes, and affirmed that,
if his Majestie were truly informed of the just grievances of his
subjects, and of the foulness of the crymes charged upon the Prelats,
hee would leave them to their tryall.

And, therefore, hee, in the name of the whole Assemblie, requested the
Marquesse that, seeing hee had now gone on in a faire way hitherto, and
had not closed his ears unto their just requeste, hee would not now
begin to stopp, but would grant that it might be voted in the Assembly,
whether they were a lawfull Assembly or not. The Marquesse protested
hee would not, onely hee would have them subscribe the Covenant, and
rest content with his Majesties will declared unto them; and if they
proceeded any further hee would not assent thereto; but that whatsoever
was done should bee held null, and as done in ane unlawful Assembly.

They answered, that they had beene called thither by his Majesties
command, which had given liberty to them to proceed in the tryall of
such things as were needfull to be performed reformed. And his Majesty,
by his proclamacon, had declared that, if any of his subjects shall or
have presumed to assume to themselves any unlawfull power, they should
be lyable to triall; and, therefore, they conceived that whatsoever
should be concluded in this Assembly, should be halde as proceeding
from a lawfull Assemblie. The Marquesse thereupon commanded the
Assemblie to rise, which they refusing, hee himselfe arose and left the
Assemblie.

After the Marquesse was departed, the roll was given to the Clerk, who
called every man particularly by his name, and desired them to declare
their opinions on these 4 particulars:—

1—Whether the Assembly were lawful or not?

2—Whether the Assemblie were competent judges of the Bishops?

3—Whether they would allow of the Bishops declynator or not?

4—Whether they would adhere to their Commission of Faith, and contynue
still and hold on in the Assemblie?

Every man particularly concluded, That the Assembly was lawful:
That they were competent judges: That they would not allow of the
declynator; and, That they would adhere to the Confession, and contynue
the Assemblie, except Sir John Carnegie, Mr Patrick Mackgill, and 3
other Ministers.


1.—The first of December, (after calling on the name of the Lord,) Mr
Robert Blaire, Mr James Hamilton, Mr John Mackclagvell, and Mr John
Livingston, being demanded, why they came out of Ireland, and whether
they were under the censure of the Church or not? They declared the
cause of their comeing from Ireland, was because they refused to
embrace, subscribe, and sweare to the Service-Booke of Ireland, and all
the corruptions that were in that Church.


2.—The Earle of Argile, this day, left the Councell and came to the
Assemblie, and declared, That he had subscribed the Confession of the
ffaith with the Lords of the Councell, and found himselfe as farr
obliged by subscribing the Kings Covenant as anie that had subscribed
the National Covenant; and that hee subscribed the same as it was sett
down in anno 1581, and not otherwise; and, therefore, desired the
Assembly to goe on wisely in the matter of reconciling and explayning
the Covenant. Whereupon the Assembly desired him to stay and bee an
assistance and eye-witnesse of their proceedings, which hee both
promised and performed.


3.—The 3d day of December, many complaints was given in against
the Archbishops and Bishops, and especially ane libell against the
Bishop of Galloway, conteyneing 8 or 9 sheets of paper; whereupon
a Committee was chosen of noblemen, gentlemen, and ministers, to
hear the approbeicon, and to exawmine the truth of the matters which
were charged against the Bishops, and to give an accompt of their
proceedings unto the Assemblie.

There was likewise appointed another Committee to fynd out the errors
of the Service-Booke, Booke of Cannons, Booke of Ordinaicon and High
Commission, and to give sufficient reasons why they were rejected; and,
lastly, there was a Committee for the explanacon and reconciliacon of
the Covenants.


4.—The 4ᵗʰ of December, (after calling on the name of the Lord,) the
Earle of Argyle produced a letter sent unto him from some of the
Lords of the Councell, wherein were these words, (viz.)—Your Lordship
knowes that wee subscribed the Covenant upon noe other condition than
you did—that is, as it was subscribed in anno 1581. And the Earle
of Montrose also declared that the Earle of Wigton (another Privy
Councillor) had written the same unto him, and desired him to signifie
it unto the Assemblie, and 7 or 8 Councillors and noblemen afterwards
sent the like declarations to the Assembly.

Those who had beene appointed upon the Committees appeared, and
declared that they had begun upon their employments, but had not ended,
because it was a worke that required more then one or two dayes labour,
but promised to proceed with all care and diligence.


5.—The 5ᵗʰ of December, (after calling on the name of the Lord,) sundry
complaints and processes were produced against Mr David Michell, Mr
Gladstons, and Doctor Panter, for Arminianisme, whose libells being
read, every one of them was 3 severall tymes called in the Assembly,
and 3 severall tymes called at the doore, to come in and appeare,
and answer to the things given in against them; but, none of them
appearing, Mr David Dixon and Mr Robʳᵗ Baily, were ordayned to make an
oracon the next day to refute those Armynian points whereof Panter,
Michell, and Gladstons were accused, that they might proceed against
them. And, in the meanetyme, a Committee was appointed to heare, and
see, and exawmine these things alleadged against the said parties.


6.—The 6 of December, Mr Dixon made a speech, wherein he refuted fully
all those Armimian points which had beene preached by Mr Michell and
the other two; and Mr Andrew Ramsay made another speech, that hee
(being one of the Committees) and the rest of the Committees, had
seene, read, heard, and considered the things wherewith Michell and
the rest were charged, and found them fully proved. Whereupon, by
whole consent of the Assembly, Mr Michell and the other two were quite
deposed and deprived of their office in the Church.

After this, Mr John Hamilton declared to the Assembly, That the Laird
of Blackhall (a Councellor) had requested him to tell the Assemblie,
that his subscribing of the Kings Covenant could be noe hindrance to
their proceedings, but rather a furtherance, to cause him to doe what
lay in his power for them; and that hee would come himselfe to the
Assemblie and make his declaracon thereof unto them.

Lastly, the Commissioners for Edinburgh told the Moderator, that the
people of Edinburgh having heard that some of their Ministers having
subscribed the Bishops declynator, and, therefore, they would not
suffer the said Ministers to preach anie more unto them. Therefore
they desired to have it voted in the Assembly, Whether it were lawful
to depose the saids Ministers, and to employ others to preach in their
places? which was taken into deliberacon against the next meeting.


7.—The 7ᵗʰ day of December, the Bishop of Orkneys sonne delivered a
letter from his ffather vnto the Moderator, signifieing that hee was
willing to vndergoe what they pleased to impose vpon him, and submitted
himselfe wholy vnto the said Assembly to dispose of him and his place
and calling as they pleased.

The Committee for the Covenants returned answer, That they had
reconciled them both to one effect and meaning, and that the Covenant
in anno 1581 is more prejudicall then the other.

       *       *       *       *       *

[The abbreviate of the Proceedings, which is in the Advocates’
Library, of which the prefixed is a copy, terminates on the 7th
of December; and annexed to it are the Acts of Deposition passed
against the Prelates, and an “Index of all the Principal Acts of the
Assembly holden at Glasgow 1638,” at the end of which there is a
docquet subjoined. The “Index” referred to being more full than any
of the copies that are to be found in the printed Acts, it is here
adopted as by the docquet authenticated by the Clerk of Assembly. The
official abbreviate being thus defective to a certain extent, we are
induced to fill up the chasm by adopting, as a supplement to it, an
abridged account of the actings after the 7th December, from “Balfour’s
Annales,” vol. ii., p. 209, _et sequen._]

       *       *       *       *       *

8 December, Sessio 16.

Saterday, after much reiding of papers and dispute anent the lawfullnes
of Episcopacey in this churche, at last the questions was stated
thus:—Quhither, Episcopacey was abiured in our kirke by the confession
therof, and could be remoued? All in one woyce remoued the same, as
abiured, neuer heirafter to be established.

10 December, Sessio 17.

The 5 artickells of Perth is, by the assembley, in one woyce totally
abiured and remoued.

The Bischopes of Edinbrughe, Aberdeine, Rosse and Dumblaine, wer all
of them depossed from aney function in the kirke, and excommunicat.
Dumblaines crymes, by thesse that wer generall to all the bischopes,
wer Arminianisseme, poperey and drunkennesse.

11 December, Sessio 18.

Tuesday Mr George Grhame, Bischope of Orcades, his lybell read, and he
deposed; no excommunication againist him, becausse of his submission to
the assembley.

Mr Johne Guthrie, Bischope of Murray, deposed; and if he acquiessced
not with the said sentence and made his repentance, to be excomunicat.

Mr Patrick Lindesay, Archbischope of Glasgow, his lybell read, and he
deposed and excomunicat.

Mr James Fairlie, Bischope of Argyle, his lybell read, and he deposed;
and if he did not acquiesse with his sentence and repented, to be
excommunicat.

Mr Neill Campbell, Bischope of the Iles Hybrides, his lybell read, and
he deposed.

12 December, Sessio 19.

Vedinsday, after the depriuatione of Mr Thomas Forrester, minister of
Melros, Mr Alexander Lindesay, Bischope of Dunkelden, his lybell being
read, the assembley did deposse him from the office of bischope, and
suspendit him from the office of ministrie, and exercisse therof; bot
to be receauid therto againe vpone his repentance, manifested to the
presbeteries of Dunkelden and Pearthe, and wpone his prowyding of the
kirke of Dunkelden at the sight of the presbeterey.

After Dunkelden, Mr Johne Abernethy, Bischope of Cathnes, receaued
sentence of deposition from his office of episcopacey, and he to be
receaued in the office of the ministrie wpon his publicke repentance,
to be made in the kirk of Jedbrugh.

The sentence of excommunicatione, aganist diuers of the bischopes, wes
publickly read, and by acte of the assembley, ordained to be pronounced
tomorrow by the moderator in the heighe kirke, and therafter to be
intimat by the ministers and readers of all kirkes.

13 December, Sessio 20.

Noe more done this day, bot the sentence of the bischopes
excommunication solemley pronounced by the moderator, Mr Alexander
Hendersone, after a sermon preached by him, one the 1 versse of 110
Psalme.

14 December, Sessio 21.

Ther came this day, a letter to the assembley from the Earle of
Vigtone, directed to the Earle of Montrosse, wich read publicikly in
the assembley, desyrinng him to declare in his name, that he subscriued
to the confession of religion, in doctrine and discipline, as it was in
Aᵒ 1580, and that he wold defend the same with his bloode.

Fyue ministers wer deposed this day, viz.

Mr William Hannay, Minister at Aire;

Mr Androw Rollock, Minister at Dunce;

Doctor Robert Hamilton, M: at Glasfurd;

Mr Tho: Rosse, Minister at Chanrey.

Mr Henrey Scrymgeour, Minister at St Fillans, in Fyffe, for
fornicatione.

15 December, Sessio 22.

This day, the Earle of Vigton declared himselue, in face of the
assembley, conforme to his letter read in assembley, and directed to
the Earle of Montrosse.

16 December, Sessio 23.

Order takin this day by the assembley, for commissions in all quarters
of the kingdome, for cognoscing of proces presentlie depending befor
the assembley aganist ministers, and to deceid therin; they to sitt
doune at Edinbrughe first, the 26 of December instant, 1638; and at St.
Andrewes, the 20 of Januarij therafter, in Aᵒ 1639; and from thence to
Dundie, the 4 of Februarij, 1639.

17 December, Sessio 24.

Ten actes, and one referance past in assembley this day.


18 December, Sessio 25.

Ther was giuen in to the assembley, ane anssuer to the declinator
and protestation of the bischopes, also to the Kinges Commissioners
protestation.

Three commissions, anent complaints aganist ministers in the southe and
northe, exped this day.

Acte, that all tytills of dignity, as deans, subdeans, chanters,
flowing from the canon law and pope, are abolished in tyme cominge.

Acte, that no marriage be without thrysse proclamation, as the booke of
discipline bears, wich is not absolute, bot excepts in knowin necessity.

Acte, that no interments be in kirkes; and that ther be no funerall
sermons, as tending to superstition.

Acte, anent the maner of tryell of the expectents of the ministrie.

Mr Archbald Jhonston, clercke of the assembley, elected to be
procurator for the kirke, and Mr Robert Dagleische to be agent; and
fees appoynted for them.


19 December, Sessio 26.

This day was read the draught of a suplication to be made by the
assembley to the Kinges Maiestie, for his approuing, in the ensewing
parliament, of ther procidinges and decrees.

Commissioners appoynted to the parliament, from the generall assembley
of ministers; noblemens eldest sones and barons from all quarters, with
thesse follouing propositions:—

First, That the præuilidges of the kirke be rattified, and ther power
in holding generall assemblies.

2d. That the constitutions of the generall assembley be ratified.

3d. That presentations of kirkes be made by the patrons to the
presbeteries, with power to them of collation.

4to. For augmentation of kirkes small stipends, lying in bischopericks
and otheres.

5o. That no aduocation pas to counsell or session, from presbeteries
and shyres, to hinder or impeade the censure of the kirke.

6o. That visitatione be made of colledges, by commissione from the
parliament.

7o. That some few lynnes, by authority of parliament should be addit to
the couenant, to be subscriued by all suche as heirafter should enter
wnto the same.

Acte declaring ciuile places of kirkmen in counsaile, session, justice
of peace, &c. woycinng in parliament, &c. all to be wnlawfull, and they
recindit and anulled all former actes making the same lawfull.

Acte restoring kirke sessions, presbeteries, synods and assemblies, as
they wer in Aᵒ 1580, in all respectes, and in ther members and elders,
ther numbers and powar.

20 Decembris, Sessio 27.

In this session, ther was diuersse actes past, and transportations of
ministers.

Acte ordaning the generall assembley zeirlie, and oftner _pro re nata_;
as also ordaning the nixt generall assembley to be in Edinbrughe the 3d
Vedinsday of Julij, 1639.

Therafter the moderator discoursed of the worke of reformation in this
kingdome, and Gods workes therein, and of the coursse and progresse
of the assembley; to this same purposse spake eache of them after ane
other,

  Mr Androw Ramsay,
  Mr Dauid Dicksone,
  Mr Robert Blaire,
  Mr Androw Cant.

The Earle of Argyle, also, by occasione of speeiches wich fell from the
moderator, spoke to the assembley of his longe delay and bydinng out,
and not ioyning to the couenanters, not (said he) for want of affection
to the good causse, bot to doe more good; wich, quhen it failled, he
could byde no longer oute from them with the other syde, excepte he had
beine a falsse knaue. He exhorted ministers to doe ther dewtiey, and
to be respectiue of authority; also the ministers to peace and vnity
amongest themselues.

Therafter the moderator clossed the assembley with prayer, and singinge
of the 133 psalme, wpone the 20 day of December, 1638, being Fryday,
about 6 a clocke at night.

       *       *       *       *       *

AN INDEX _of all the_ PRINCIPALL ACTS _of the_ ASSEMBLY _holden at_
GLASGOW 1638.


1.—An Act for registring sundrie protestations betwixt the marryners,
[“between the Commissioner’s Grace and the Members of the
Assembly.”—_Printed Acts._]

2.—An Act for the election of Mr Alxʳ Henrison to bee their Moderator.

3.—An Act for admitting Mr Archbald Johnston to bee the Clerke of the
Assembly, and producing and keeping the Registers of former Assemblies
which were preserved by Gods wonderfull providence.

4.—An Act of disallowing anie private conference with the Moderator.

5.—An Act ratifying the authentickness of the Registers.

6.—An Act registring his Majesties will declared by his Commission.

7.—An Act of the Assemblies Protestacon against dissolving of the
Assembly.

8.—An Act annulling the 6 late Assemblies—viz., one holden at Lithgow
1606; another at Lithgow 1608; one at Glasgow 1610; one at Aberdeene
1616; one at St Andrews 1617; and one at Perth 1618; with the reasons
of the nullitie of every one of them.

9.—An Act annulling the oath exacted by Prelats vpon Ministers where
they are admitted into their callings.

10.—An Act deposing Mr David Michell, Minister at Edinburgh.

11.—An Act deposing Mr Alexander Gladstons, Minister at St Andrews.

12.—An Act deposing Mr John Creighton, Minister at Pewisloe.

13.—An Act deposing Mr Robʳᵗ Hamilton, Minister at Glasford.

14.—An Act deposing Mr Tho. Foster.

15.—An Act deposing Mr Wᵐ. Annand.

16.—An Act deposing Mr Tho. Mackenzie.

17.—An Act declaring the abiuring and removing the 5 Articles of Perth.

18.—An Act condemning the Service Booke.

19.—An Act condemning the Booke of Cannons.

20.—An Act condemning the Booke of Ordinacons.

21.—An Act condemning the High Commission.

22.—An Act clearing the meaning of the Confession of the Faith, Anno D
ⁿⁱ. 1580, and abjuring and removing Episcopacie.

23.—An Act concerning the deposing and excommunicacon of the late
pretended Archbishops of St Andrews and Glasgow, the Bishops of
Edinburgh, Rosse, Galloway, Brechin, Dumblane, and Aberdeen.

24.—An Act concerning the deposicon absolutely, and excommunicacon
conditionally, of the late pretended Bishops of Murray, Argyle, Orkney,
Cathness, Dunkeld, and the Iles.

25.—An Act for restoring the Presbyteries, Provinciall Synods, and
Generall Assemblies, to their Constitutions of Ministers and Elders,
and their Powers and Jurisdictions, according as they are contained in
the Booke of Policies.

26.—An Act for erecting a Presbyterie in Argyle.

27.—An Act concerning the Visitacon of Particular Churches, Schooles,
and Colledges.

28.—An Act against Non-Residencie.

29.—An Act concerning the planting of Schooles in every parish.

30.—An Act directing of Presbitery Ministers how to choose their
Moderators.

31.—An Act referring to the competencie of Presbiteries and Parishes.

32.—An Act concerning the Conservacon of Ministers, as in anno 1595.

33.—An Act for Presbiteries to defray the expenses of their
Commissioners.

34.—An Act referring to former Acts for repressing of Poperie and
Supersticon.

35.—An Act referring to Presbiteries the more frequent Celebracon of
the Lords Supper.

36.—An Act against the Prophanacon of the Sabbath, for want of
afternoones exercise.

37.—An Act against Salmon Fishing and Going of Milnes on the Sabbath
day.

38.—An Act against Salt Panns, and such like imployments, on the
Sabbath day.

39.—An Act against Markets on Mondayes and Saturdayes within Borroughs.

40.—An Act setting downe the Roll of Provinciall Assemblies.

41. An Act against those that speake or write agᵗ the lawfulnes of the
Naconal Covenant, or this Assembly and the Constitucons thereof.

42.—An Act concerning the receiving the repentnance, submission, and
admission into the Ministrie of any penetent prelate.

43.—An Act for excommunicating of such Ministers as disobey their
sentence.

44.—An Act against the frequenting with excommunicat persones.

45.—An Act condemning Chapters, Archdeacons, Preaching Deacons, and
such like Popish trash.

46.—An Act against obtruding of Pastors upon people.

47.—An Act against Marriage without Proclamacon of Bands.

48.—An Act against Funerall Services.

49.—An Act for admission of Mr Archbald Johnston to bee Advocate, and
Mr Roberte Dalglassie to be Agent for the Church.

50.—An Act for transporting of Mr Alexander Henderson from Leuchers to
be one of the principall Ministers of Edinburgh.

51.—An Act for transporting Mr Robert Blaire from Ayre to St Andrews.

52.—An Act transporting Mr Andrew Cant from Pitslegoe to Newbottle.

53.—An Act condemning all Civill Offices in the persons of Ministers of
the Gospell, as to bee Justice of Peace, sitt in Session or Councell,
or to vote or ride in Parliament.

54.—An Act for a Commission for examinacon of complaints, to sitt at
Edinburgh the 26 of December next.

55.—Another Commission to sitt at Edinburgh the 22 of January next.

56.—Another Commission to sitt at Irwing the 25 of Jann. next.

57.—Another Commission to sitt at the Chancerie the 29 of Feb. next.

58.—Another Commission to sitt at Kircowbright the 9ᵗʰ of March next.

59.—An Act for the Commission to visite the Colledges of Glasgow and
Aberdeen.

60.—An Act appointing the Commissioners to attend the Parliament with
the Articles which they are to represent there in the name of the
Church vnto the 3 Estates.

61.—An Act ordaineing the Commissioners for Presbiteries and Burroughes
presently to gett under the Clerkes hands an Index and Abstract of all
the Acts, to carry hame with them from the Assemblie to their severall
Presbyteries and Burroughs.

62.—An Act ordaineing the Presbyteries to intymate in their severall
pulpits the Assemblyes explanacon of the Confession of Faith, the Act
against Episcopacie, the Act against the 5 Articles, the Act against
the Service Booke, the Booke of Cannons, Booke of Ordinances, and the
High Commission, the severall acts of deposicon and excommunicacon of
the prelates.

63. An Act discharging all printers not to print anything concerning
the Acts or the proceedings of this Assembly, or anything which
concerns the Church, without a warrant under Mr Archbald Johnstons
hands, as Clerk to the Assembly, and Procurator for the Church, and
that vnder the paine of all ecclesiasticall censure; and this to be
likewise intymated with the other Acts.

64.—An Act ordeyning the Covenant subscribed in Febʳ last to bee now
againe subscribed, with the Assemblyes declaracon thereof; and this to
bee also intymated by all ministers in their pulpitts.

65.—An Act dicharging all subscripcon to the Covenant subscribed by His
Majestie’s Commissioner and the Lords of Councell, which is likewise to
be intimated.

66.—An Act against those which are maliceous agˢᵗ this Church, or
dedyners or disoeclyers of the Acts of this Assembly.

67.—An Act warranting the Moderator and Clerke to give out summons,
upon lawfull complaints, against parties to appeare before the Assembly.

68.—An Act renewing the priviledges of yearly Generall Assemblies, and
oftener, (_pro re nata_) and for appointing the third Wednesday in July
next, in Edinburgh, for the next Generall Assembly.

69.—An Act that none be chosen as Ruling Elders to sitt in
Presbiteries, Provinciall or Generall Assemblies, but those who
subscribe the Covenant as it is now declared, and acknowledge the
constitutions of this Assemblie.

70.—An Act concerning the voting of church-sessions, and tryall of
Expectants.

71.—An Act for representing to the Parliament the necessitie of the
standing of the Procurators place for the Church.

72.—An Act ordayning all Presbiteries to keepe a solemn thanksgiving in
all parishes for Gods blessing and good successe of this Assemblie upon
the first convenient Sabbath.

_Extracted by mee_, Mr ARCHBALD JOHNSTON, _Clerke to the Generall
Assemblie._

       *       *       *       *       *




=Miscellaneous Historical Documents.=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND,
1633-1638.


Having now presented to the reader the Acts and Proceedings of the
General Assembly 1638, from the most authentic sources, we are now to
submit a collection of illustrative historical documents, which will
be found to corroborate the narrative given in the Introduction, and
to throw much additional light on the period which elapsed from the
coronation of King Charles I., in 1633, till the rising of the General
Assembly on 20th December 1638.

It appeared to be exceedingly desirable to give a concentrated and
connected view of these, in juxtaposition with the Acts of Assembly,
of which they were the precursors and accompaniments; and this the
more especially as, in so far as we have been able to discover, these
are scattered over a variety of rare and expensive books, or unprinted
records, which may be regarded as nearly inaccessible to the great bulk
of the community. These are of peculiar value as explanatory of the
entire chain of events during the period referred to; and they exhibit
by much the most authentic record of the proceedings of all the parties
concerned in these transactions; thus furnishing a body of information
which cannot be found in any single or separate work on the era of
which we treat. It may be proper to mention the chief sources whence
these documents are derived.

1st, In 1639 a work was compiled by Dr Balcanqual, Dean of Durham, at
the desire and under the auspices of King Charles I., as a vindication
of the policy which he had pursued with reference to the affairs of
Scotland in the previous and preceding years, and being published by
Royal authority, may be considered as the King’s own statement of his
case in these unhappy differences with his subjects. It is tituled—“A
Large Declaration concerning the late tumults in Scotland, from their
first originalls; together with a particular deduction of the seditious
practices of the prime leaders of the Covenanters; collected out of
their owne foule acts and writings, by which it doth plainly appeare,
that Religion was onely pretended by these leaders, but nothing lesse
intended by them—BY THE KING. London: Printed by Robert Young, his
Majesties Printer for Scotland, Anno Domini M.D.C.XXXIX.” From this
source many of the following documents are gleaned; and although the
statements and argument founded on these documents are coloured so as
to serve the party whose cause it advocated, a commendable impartiality
is shewn in the publication of the main acts and writs of the adversary.

2dly, The next depository whence we have drawn these documents is a
work of Bishop Burnet’s:—“The Memoires of the Lives and Actions of
James and William Dukes of Hamilton, &c., in which an account is given
of the Rise and Progress of the Civil Wars of Scotland, &c., from the
year 1625 to 1652, together with many Letters, Instructions, and other
papers, written by King Charles I., never before published; all drawn
out of or copied from the originals.” Printed by the Bookseller to the
King. (Charles II.) 1677.

3dly, The only other authority to which it is necessary to refer
particularly is:—“The Historical Works of Sir James Balfour of Denmylue
and Kinnaird, Knight and Baronet, Lord Lyon King at Arms to Charles I.
and Charles II., published from the original MS., in the Library of the
Faculty of Advocates,” (by M. D. Haig, under Librarian,) in 1824. This,
like the others referred to, is a work of high authority, and abounds
with much curious and minute information.

       *       *       *       *       *


_Petition to the_ KING _from the_ CLERGY _of_ SCOTLAND.

29 May 1633.

  Griuances and Petitions concerning the disordered Estaite of the
  Reformed Kirke within this Realme of Scotland, presented vpon the 29
  of Maij, 1633, by me, Master Thomas Hogge, Minister of the Euangell,
  in my auen name, and in name of others of the ministrie lykwayes
  greiued, to Sʳ Johne. Hay, Clerck of Register, to be presented by him
  to such as ought, according to the order appoynted, to consider them,
  that therafter they may be presented to his Maiesty and Estaites,
  wich wer to be assembled at this ensewing parliament.

The opportunity of this soleme meitting of your gratious Maiesty, and
the honourable Estaits conweined in this heighe courte of parliament,
and the concience of our deutey to God and the reformed kirk within
this realme of Scotland, quher wee serue by our ministerey, constrains
ws to present, in all humility, to your heighnes and estaites presently
assembled, thosse our just griuances and resonable petitions follouing:

First, Albeit, vote in parliament was not absolutly granted to
ministers, prowydit to prælacies, bot only wpon suche conditions as
his heighnes, of happy memorie, and the general assemblies of the
kirke should aggree vpon, wich is euident by the remitt and prouision
expressed in the acte of parliament holdin at Edinbrughe, in December,
1597; and albeit the maner of ther election and admissione to the
office of commissionarey, and the particular conditions and cautions to
be obserued by ministers votting in parliament, in name of the kirke,
after long disputation wer aggreid vpone by his Maiesty present in
persone, and the generall assembley, and wer apponted by them to be
insert in the bodey of the acte of parliament, wich was to be made
concerning that purpois. Some ministers notwithstanding haue beine, and
are admitted to vote in parliament in name of the kirke, als absolutly
as if the acte of parliament did conteine no suche reference; and as if
his Maiesty, with the gen: assembley, had not aggreid wpone the maner
of ther election or admissione to the office, or vpone aney limitations
quherby the kirk hath susteined grate hurte and preiudice in her
liberties and præulidges, and especially by ther frequent transgressing
the first of the conditions, altho grounded wpone the werey law of
nature and nations;—that nothinge be proponid by them in parliament,
counsell or conuentione in name of the kirke, without expresse warrant
and direction from the kirke, vnder the paine of deposition from
ther office; nather shall they keepe silence nor consent to the said
conuentions to aney thing that may be præiudiciall to the libertie and
weell of the kirk, vnder the said paine.

And the second, that they shall be bound at eurey gen: assembley, to
giue a compte anent the discharging of their commissione, since the
assemblie præceiding, and shall submitt themselues to the censure,
and stand to ther determinatione quhatsoeuer, without appellatione,
and shall seike and obteine ratificatione of ther doinges at the said
assembley, wnder the paine of infamie and excommunicatione.

Therfor, our humble supplication is, that the executione of the actes
of parliament, off materes belonging to the kirke, to wich they haue
wotted in name of [the] kirke, without aney authority or allouance of
the generall assemblies of the kirke, be suspendit till that the kirke
be hard; and that in tyme coming ministers haue no otherwayes vote in
parliament, bot according to the prouisione of the acte of parliament,
and the order of ther entrie to the office of that commissionarey and
limitation forsaid, aggreid one, as said is.

2. Seinge ratifications of actes and constitutions of the kirke,
cannot be construed to be a benefitt or fauor to the kirke, wnlesse
the ratifications passe according to the meining of the kirke, and
the tennor of the saides actes and constitutions, without omission,
addition or alteration of clausses, artickells or wordes of importance;
and that in the ratificatione of the acte of the assembley holdin at
Glasgow in Aᵒ 1610, wich past in parliament haldin at Edinbrughe, 1612,
wnder the name of explanatione of sundrie clausses and artickells, wer
omitted out of the same.

At the subiection of bischopes in all thinges concerning ther lyffe,
conversatione, office and benefice to the censure of the gen: assembley;

The censure of bischopes, in caisse they stay the censure of
excommunicatione;

The continuing of the exercisse of doctrine weeiklie;

The necessity of the testificat, and assistance of the ministrie
of the boundes, for the admission of ministers, and other clauses
and artickells are addit and insert, as the different degrees of
archbischopes and bischopes;

The pouer of giuing colation of benefices granted to bischopes;

The disposing of benifices fallinge in ther handes jure deuoluto;

The appoynting of moderators in diocesian synodes, in caisse of
ther absence, and some wordes of the othe are changed. By all wich
omissions, additions and alterations, the kirk hathe susteined, and
doeth susteine, grate hurte in her jurisdictione and discipline. Our
humble desyre therfor is, that the kirke may be liberat from the
preiudice of thosse omissions, additions and alterations of the acte
foresaid.

3. Notwithstanding the generall assembleyes haue beine holdin from the
tyme of reformation till the zeire 1603, at least once in the zeire or
oftner, _pro re nata_; prouinciall synods tuysse in the zeire; weekly
meittinges for exercisses and presbetries, eurey weeke, for matters
to be treatted in them respectiue, and ther liberties wer ratified
in parliament in Aᵒ 1592, and by that, as a most pouerfull meine,
blissed be God, peace and purity of religion wer manteined: and in
the assembley holdin at Glasgow, 1610, quhen commissioners, votters
in parliament prowydit to prælacies, wer made lyable to the censures
of the generall assembley, it was acknowledged, that the necessity
of the kirke craued that ther should be zeirlie generall assemblies,
and the ministers wer then assured, that liberty wold be granted vpon
ther requyste, quherby they wer induced to condescend so far to the
acte then made as they did; wich acte also beareth in the wercy entrey
thereof, a requyste to his Maiestie, that generall assemblies may be
holdin, in all tymes coming, once in the zeire, or precisely at a
sett and certaine tyme; neuerthelesse the wounted libertie of holding
general assemblies is suppressed; the order of the prouinciall synods
confoundit; presbeteries in a grate pairt disordered and neglected,
quherby diuisions haue entred into the kirke; ministers are become
negligent of their callinges, and scandalous in ther liues; the
godlie are heartily greiued, the weeake are scandalized; erroneous
doctrine is deliured in kirkes and scooles without controlment; the
commissioners votters in parliament lay untrayed and vncensured; and
atheisme and poprie incresse. Our humble desyre is, therfor, that the
actes of parliament made in fauors of the assemblies of the kirke, and
especially the acte of parliament made at Edinbrughe in Junij, 1592, be
rewissed and ratified.

4. Notwithstanding the obseruatione of fæstiuall dayes, priuat
baptisme, priuat communione, Episcopall confirmatione of children,
haue beine reiected by this our reformed kirke, since the begning of
the reformation, and it hath beine declared by acte of parliament, in
the zeire 1567, that such onlie wer to be acknouledged members of this
reformed kirke, as did participat of the sacraments as they wer then
rightly ministred, wich was without kneeling in the acte of receauing
the sacramentall eliments of the supper, or immediat dispensing of the
same to eurey communicant by the minister; and that it was statute
and ordained, in the same parliament, that all Kings should giue ther
othe at ther coronation, to manteine the religion then professed, and
that forme of ministratione of the sacraments wich then was wssed.
Neuerthelesse, pastors and people adhearing to the former professione
and practisse, are nicknamed Puritans, and threttned not only without
aney good varrant, bot besyde the tennor of the acte of Perths
assemblie, wich contineth no stricke iniunction, and contrarey to the
meining of the wotters, and to the proceidings of that assemblie, wher
it was professed that non should be pressed with obedience to the acte.

Therfor, wee humblie intreat, that by ratification of the actes of
parliament made befor that assemblie, and by suche wayes as shall seime
good to your gratious Maiesty, and honourable estaites assembled, your
Maiesties good people, pastors, and professors, may bothe be purged
from suche asspertions, and may be freed from all dangers and feares
wich may occurre by occasione of that acte of Perth.

5. Albeit it be determined by the generall assemblies of this our
reformed kirke quhat othes ministers should take, at the tyme of ther
admissione or ordination, zet ther is a new forme of othe dewised and
wrged by the admitters, or ordainers wpon intrants to the ministrie,
togider with subscriptione to certaine artickells dewysed by them,
without direction or warrant from aney assemblie of the kirke, zea,
or acte of parliament; quherby the entrey to the ministrie is shutte
upon the best qualified, and others lesse able are obtruded vpone the
people, to ther grate greiffe and hazard of ther soulles. Our humble
petition therefor is, that suche othes and subscriptiones, wrged vpone
ministers at ther entrey ore transportation, be discharged.

6. Notwithstanding ther be constitutions of the kirke, and lawes of the
countrie for censuring of ministers befor the ordinarey judicatories
ecclesiasticall, zet contrarie to that order, ministers are suspendit,
silenced and depriued, and that for matters mearlie ecclesiastisall,
before wther judicatories wich are not established by the authoritie
or order of the countrie and kirke. Therefor, our humble petition is,
that ministers deseruing censure, be no wtherwayes censured then the
order of the kirke doeth prescriue, and that such as are otherwayes
displaced, be suffred to serue in the ministrie as off befor.

The presenter attendit in Edinbrughe, to compeire, if neid wer, befor
such as wer to conweene to consider the artickells and petitions wich
wer giuen in to the Clercke Register; but ther no appeirance of anney
such conwentione; the ministers therfor directed the said Mr Thomas
Hogge to present the supplicatione follouing to his Maiesty, wich he
did at Dalkeith castle, wpone the 15 day of Junij; that same day his
Maiesty was [to] make his entrey into the cittey of Edinbrughe. The
petitione was thus:—

This happey occasione, with stronge desyres longe waitted for by
your Maiesties most humble and louing subiects, the pastors and
professors of the reformed religion, within this your Maiesties
kingdome of Scotland. The grate fame wich haue oftin filled our eares
of your Maiesties most pious and princely inclination to religion and
richteousnesse, quhence this kirke and kingdome, from ther singular
intresse in your Maiesties birth and baptisme, haue resone at this
tyme to looke for a comfortable influence; the bodey of this kingdome
ioyning in hearte with ws, and onlie waitting for the least word from
your Maiesties mouthe; the conscience wich we haue, and wich wee
trust is manifest to all men, that wee ar seeking nather riches nor
honor to ourselues, bot that the soume and substance of our desyres
is, to procure the aduancement of the kingdome of Jesus Christe, and
to see your Maᵗⁱᵉˢ flourishing estait in your kingdomes; all thesse
and eache of them moue ws to intreat, in all humility, your gratious
Maiestie to be fauorable to our petitions, wich we haue deliuered to
the Clerck of Register, to be presented to your Maiesty and estaites of
the approaching parliament, that they may be considered and receave a
gratious anssuer.

  His Maiesty read this petition at lenth, zet ther was no more hard
  of ther griuances, ather among the Lordes of the artickells, or in
  opin parliament, (quher nothing cometh in votting bot that wich first
  must passe the Lordes of the artickells,) and wsually quhat passes
  throughe ther handes, is concludit by the quole estaits in publick.
  Not only wer the griuances of the ministers suppressed, bot lykwayes
  all former actes concerning the complained offe corruptions In the
  kirke wer ratified. Howbeit, it was notoriously knowen, that most
  of thesse actes had wroght grate disturbance in this kirke. And now
  the actes of this parliament (an I haue formerly showen,) layed the
  fundatione of ane irreconcilable schisime, and proued afterwardes the
  ruine bothe of King and bischopes.[25]

       *       *       *       *       *




1636.—October 18.

2. _Letter from the King to Spottiswood, Archbishop of St Andrew’s,
Lord Chancellor of Scotland, and Chancellor in Council and Session._[26]

CHARLES Rˣ,

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.

       *       *       *       *       *




1636.—December 20.

3. _Act anent the Seruice Booke._[27]

Apud Edinburgh, 20 Decembris 1636. Sederunt.

  Chancellor.
  Thesaurer.
  Glasgow.
  Dumfrees.
  Angus.
  Binning.
  Napier.
  Depute Treasʳ.
  Clerk-Regʳ.
  Advocat.
  Justice-Clerk.

Forsamekle as the King’s Maiestie euer since his entrie to the
imperiall goverment of this his ancient Kingdome, especiallie since
his late being their, hes diverse times recommendit to the Archbishops
and Bishops their, the publishing of a publict forme of service in the
worship of God, whiche his Maiestie would haue vniformelie observed
in this kingdome; and the same being now condescended upon, although
his Maiestie doubts not bot all his Maiesties subjects both clergie
and others, will receave the said publict forme of seruice with such
reuerence as appertaineth; butt his Maiestie thinking it necessair to
make his pleasure knowen twiching the authorizing the booke thairof;
Therefore the Lords of his Maiesties Privie Counsell, according to his
Maiesties speciall warrand and direction, ordains letters to be direct,
to command and charge all his Maiesties subjects, both ecclesiasticall
and civill, be open proclamation at the Mercat Croses of the heid
burrowes of this kingdome and other places needfull, to conforme
themselffs to the said publict forme, qˡᵏ is the onlie forme qˡᵏ his
Maiestie, having takin the Counsell of his Cleargie, thinkes fitt to be
used in Gods publict worship heir: Commanding heirby, all Archbishops
and bishops, and others presbyters and churchemen, to take a speciall
care, that the said publict forme of worship be dewlie obserued and
obeyed, and the contraveaners condinglie censured and punished, and
to have a speciall care that euerie Parish betwixt and pasche next,
procure unto thameselffs twa at the least of the saids bookes of Common
Prayer, for the use of the Parish.

Followes his Maiesties Missive for warrant of the Act abouwritten.

CHARLES Rˣ.

Right Reuerend father in God, right trustie and weill belouit Cousins
and Counsellors, right trustie and trustie and belouit Counsellors, We
greit you weill. Whereas since our entrie to the crowne, especiallie
since our late being in that Kingdome, we have diuerse times
recommended to the Archbishops and bishops there, the publishing of a
publict forme of seruice in the worship of God, whiche we would haue
vniformelie obserued therein; and the same being now condescended vpon,
thogh we doubt not bot all our subjects, both clergie and others, will
receaue the same with such reuerence as appertaineth: yitt thinking it
necessarie to make our pleasure knowne, tuiching the authorizing of
the booke thaireof, We require you to command, by opin proclamation,
all our subjects, both ecclesiasticall and cevill, to conforme
thamselffes in the practise thairof, It being the onlie forme which
We, having takin the Counsell of our Clergie, thinke fitt to be used
in God’s publict worship there; as alsua we require you to injoyne all
Archbishops and Bishops, and other Presbyters and churchemen, to take
care, that the same be dewlie obeyed, and the contraueaners condignlie
censured and punished, and to take order that euerie parish procure to
thameselffes, within such a space as yow shall thinke fitt to appoint,
two at least of the saids bookes of Common Prayer for the use of the
Parish; wherein you will doe us most acceptable seruice, and for which
these shall be your warrant. We bid yow farewell, from our Court at New
Mercat, 12 of October 1636.


       *       *       *       *       *

1637.—March 14.

4. _Act of Council anent the new Psalmes._[28]

Apud Edinburgh 14 Martii 1637.—Sederunt.

  Chancellor.  Dumfreis.      B. Brechin.
  Thesaurer.   L. Bining.     L. Naper.
  B. Glasgow.  L. Alexander.  Clᵏ Regʳ.
  Mar.         B. Gallaway.   Advocat.
  Winton.      B. Aberdene.   Justice.
  Seafort.     B. Ros.        Justice-Clerk.

Forsamekle as the late Psalmes have, by authoritie of the King his
Maiestie, and the clergie of this kingdome, bene altered, revysed,
and approvin, so that now his Maiestie, according to his pleasure,
formerlie signified, for receaving of the said Psalmes, is fully
resolved to have that warke goe on for the good of the church and
memorie of the author; Therefore the Lords of Privie Counsell,
according to his Maiesties expresse will and pleasure signified unto
thame be writt, hes discharged, and, be the tennor of this present
act, discharges all farder impression of the old psalmes, as alsua the
inbringing of the same from England or ellis wyes, to the intent the
new psalmes may be imprinted and generallie receaved and sung in all
the churches of this kingdome. And the said Lords hes recommendit, and
be the tennor heirof recommends to the Archbishop of St Andrewes, Lord
High-Chancellor of this kingdome, to call before him, or before the
Provest and Bailleis of burrowis, the whole printers and stationers
within this kingdome, and all others whome this mater may concerne,
and to intimat unto thame, this present act and ordinance, and to
require thame and everie ane of thame, to conforme thameselffes and
give obedience thereanent, under the paine of confiscation of the whole
bookes which sall be prented or imported agains the tennor of this act,
and ordines letters of publication to be direct thereupon, if neid
beis, in forme as effeirs.


  Followes his Majesties Commission for warrant
  of the act abouewritten.

  CHARLES Rˣ.

Right reuerend father in God, &c. Whereas the late psalmes haue, by
authoritie from us and the Clergie of both Kingdomes beene altered
reuised and approved, We now, according to our pleasure formerlie
signified for receaving thame in the church of that Kingdome, being
fully resolved to cause that work goe on for the churches good and the
authors memorie; It is our expresse will and pleasure, that according
as you sall thinke fitt, you suffer no further impression to be made
of the old psalmes, and that yow give such orders as yow sall find
necessarie and which is in yower power, for printing and receaving of
the new, to be generallie receaved and sung, in all the churches of
this said Kingdome; and to that effect that yow give to our clairgie,
(to whome we have written at length twiching the same) what strenth
and authoritie you sall finde necessarie and can be grantit by yow,
Quherein expecting frome you a readie performance, both by yowr owne
good example and otherwayes, whereby we may finde the effects of your
paines and affection to our forme, in this, whereof we will take as
most acceptable service done unto us, and for whiche, these presents
sall be your warrant. We bid yow farewell, from our Court at Whitehall,
the 3 of Februarie 1637.

       *       *       *       *       *


1637.—June 13.

5. _Act anent Seruice bookes._[29]

Forsamekle, as by act and proclamation, made and published heretofore,
it was commandit and ordained, that everie Presbyterie within this
kingdome should have had a care that their parochinies sould have beene
furnished and provydit, betwixt and pasche last, with twa of the buikes
appointed to be universallie receaued throughout this kingdome, for
the publict forme of Service in the worship of God, as in the act and
proclamation made to this effect at lenth is conteinit. Quhairunto,
altho’ great numbers of the ministrie of best learning and soundest
judgement and gifts, hes given dewtiefull obedience, and hes conformed
thameselffes to his Maiesties royall will and pleasure in this point,
yitt there is some others of the ministrie who, out of curiositie
and singularitie, refuse to receaue and embrace the said booke, and
does what in thame lyes to foster and enterteyny destractioun and
troubles in the Kirk, to the disturbing of the publict peace thereof,
without remeid be provydit; Thairfore, the saids Lords ordains this
to be direct, charging the whole Presbyters and Ministeris within
this kingdome, That they and euery ane of thaime provide and furnishe
themselffes, for the use of thair Parishes, with twa of the saids
bookes of publict formes, or commoun prayer, within fyfteine dayes next
after the charge, vnder the paine of rebellion and putting of thaime to
the horne; and if they faillie, to denunce, &c. and to escheet, &c.

       *       *       *       *       *


1637—July 28.

6. _Act anent Seruice Bookes._[30]

Apud Edinburgh, 28 July 1637.

  Chancellor.         Dumfries.           B. Ros.
  Thesaurer.          L. Lorne.           B. Brechin.
  Glasgow.            L. Alexander.       L. Deskford.
  Priuie Seale.       B. Edinburgh.       L. Naper.
  Winton.             B. Gallaway.        Clerk-Regʳ.
  Wigton.             B. Aberdeen.        Justice-Genᵃˡˡ.
  Kinghorne.          B. Murray.          Deputie-Treasʳ.

The Court of Secret Counsell having heard the Prouest and Bailleis of
Edʳ tuiching the proposition made be thaime, and course takin conforme
thereto, for a peaceable exercise of the service-booke, and securitie
of the personis imployed, or who sall be present and assist at the
pratise thairof; the Lords ordains the Provest and bailleis to advyse
amongs thaimselffs anent ane obligatorie act to be given be the toun
for the reall performance there, so that they sall undertake in the
bussines aboue mentioned, and allowes thaime to publishe, by touck of
drwm, the ordars to be established be thame for keeping of thair toune
in peace and quyetnes, and preventing of all trouble and commotioun
within the same.

       *       *       *       *       *

  1637.—July 29.

  7. _The Clergies’ Report anent the Seruice Booke._[31]

  Apud Edʳ 29 July 1637, in the Chanʳˢ loodging—Sederunt.

  Chanʳ.         Kirghome.        L. Deskford.
  Theasʳ.        L. Alexʳ.     Clᵏ Regʳ.
  Priuie Seal.      B. Gallaway.     Justice-Generall.
  Glasgow.          B. Abᵈ.       Blackhall.
  Wintown.          B. Brechine.

The whilk day the Archbishop of Sᵗ Andrewes, Lord High Chanʳ of
this kingdome, for himselfe and in name of the remanent bishops,
reported to the Counsell, That, in regaird of the late trouble and
insurrection raised upon Sunday last, for opposing the service-booke,
and upon new emergent occasions and considerable respects, It was
thought fitt and expedient be thaime, that there should be a surcease
of the service-booke till his Maiestie sould signifie his pleasure
twiching the redresse and punishment of the authors and actors of that
disorderlie tumult, and that a course be sett down for the peaceable
exercise thairof, to the glorie of God, his Maiesties honour, and the
good of this Citie; and in the meane time, to the effect his Maiesties
good and loyall subjects be not defrauded of the comfort of the word,
the saids bishops had appointed and given order that, in the whole
churches of this Citie, sermon sall be made at the accustomed times,
by regular and obedient Ministers, and that a prayer sall be made
before and after sermon, and that neither the old seruice nor the
new established seruice, be vsed in this interim: Whiche report and
conclusion, takin be the saids bishops being heard be the Counsell,
they remitted to thaime to doe therein according to the power incumbent
unto thame in the dewtie of thair office.

       *       *       *       *       *

  1637.—August 4.

  8. _His Maiesties Missive anent the uproare._[32]

  Apud Edinburgh, 4 August 1637—Sederunt.

  Chancellor.         Ammondaill.        B. Brechin.
  Theasurer.          Dumfries.          Clerk Regʳ.
  Glasgow.            Southesk.          Justice-Generall.
  Priuie Seale.       L. Lorne.          Depute-Treasʳ.
  Winton.             L. Alexander.      Aduocat.
  Wigton.             B. Edinburgh.      S.R. Gordon.
  Kinghorne.          B. Gallaway.

The whilk day, the Missive Letter underwrittin, signed be the Kings
Maiestie, and produceit to the Lords of Priuie Counsell, was presented
to the saids lords, and read in thair audience, of the qˡᵏ the tennor
followes: CHARLES R. Right reverend father in God, and right trustie
and weil-belouit cousines and counsellors, and right trustie and
weilbelouit Counselors, and weil-belouit, We greit yow weill. Having
vnderstood that, in the churche upon Sunday last, when the forme
of divine seruice appointed to be receaued was begun to be read in
the churche, a number of rude and base people, did rise and behave
thaimselffes in a most tumultuarie manner, both within and without the
churche, as We doe not doubt, but hath beene particularlie made knowne
to yow all, whiche is so barbarous, disorderlie, and evil, both in
it selfe, and by the example, that it doeth deserve to be severelie
punished: It is our pleasure, that yow use yowr best endeavours to
examine, who ar authors or actors in that mutenie, and that yow
faile not to punishe them that sall be found guiltie thairof, as yow
sall find thaime to deserve; and lykeways that you communicat with
the clergie, by strengthening thaime in that whiche our authoritie
conferred upon yow, may contribute unto thaime for setling the said
forme of divine service, both in the said toun and other parts, as they
frome time to time sall require your helpe, which we verie speciallie
expect frome yow, and so doe bid yow heartilie farewell, frome our
Mannor at Oatland, the 30 of July 1637. Whilk Missive being read,
heard, and considered be the saids Lords, and they advised therewith,
the Lords of Secret Counsell ordains the persons who ar delate guiltie
of the said mutinie, to be putt to the tryall and punishment.

       *       *       *       *       *

  1637.—August 5.

  9. _Act anent Seruice Bookes._[33]

  Apud Edinburgh 5. Augusti 1637. Sederunt.

  Chancellor.        Dumfries.          Clerk-Regʳ.
  Thesaurer.         L. Alexander.      Justice-Genᵃˡˡ.
  Glasgow.           B. Edinburgh.      Deputie Treʳ.
  Priuie Seale.      B. Gallaway.       Aduocat.
  Wintown.           B. Brechin.        S. R. Gordoun.
  Amondaill.

The qˡᵏ day the lords of the clergie hauing remonstrat to the lords of
Priuie Counsell, That for the glorie of God and more decent performance
of his divine seruice, and for securing the persons to be imployed for
officiating the same, That the toun Counsell of Edinburgh attend upon
and meit with the Bishop of Edʳ, and conferre and resolue with them
anent the conveniencie of time when the service shall begin, and what
the assurance to be giuen be thaim for indemnitie which these who sall
be imployed in the service; and, in the meane time, that the ministers
sall preache in the subsequent weeke upon the ordinar dayes, without
service, and choose pertinent texts for disposall of the peoples myndes
to ane heartie embracement of the service booke, and for cleering and
removall of all prejudices and mistakes that may be conceaved upon
or concerning the saids bookes: Which proposition being considert be
the saids Lords, and they finding thaire desire to be reasonable, and
being willing to contribute thair best assistance for strenthening
the clergie to settle the service booke, The Lords allows of their
proposition, and accordinglie ordains the provest and bailleis of Edinʳ
to meet with the Bishop of Edinʳ, and to joyne and concurre with him
in all and euerie thing that may concerne the provyding of readers for
the same, and preparing of all things necessar and belonging thereto,
and that they give assurance for indemnitie of the Church ministers,
and peaceable behaviour of the inhabitants within thair citie: Quhilks
intimation wes made to Andro Ainslie and Johne Smith, bailleis of
Edinburgh, whame the Lords required to signifie their ordinance to
the toun Counsell, and to make report to the Bishop of Edinʳ of thair
diligence, and what thay will undertake and be ansrable for with all
convenience.

The Lords of Secret Counsell having heard the request of the most pairt
of the clergie present, that the service bookes cannot be orderlie usit
in the Kirks of Edinʳ the morne, the saxt of this instant, for want
of a sufficient number of readers to officiat the same, and others
difficulties attending therein, and that the same cannot convenientlie
be done before Sunday come eight dayes; and the said Lords of the
Clergie having lykewise declared that they have resolved that the said
service shall begin upon Sunday come eight dayes, and from thenceforth
continew, and, withall, having desired that the toun Councill of Edʳ
be callit and order given to thame for the peaceable exercise of the
said seruice booke, and that the said Lords would interpone their
authoritie thairto; Which, being heard and considerit be the said
Lords, they allowed of the course taken be the clergie, and interponed
and interpons their authoritie to the same, and accordinglie callit for
Andro Ainslie and Johne Smith, bailleis of Edʳ, whome they required to
signifie this their ordinance to the Toun Counsell of Edinʳ, and to see
the dew performance and obedience of the same.

       *       *       *       *       *

1637.—August 25.

10. _Extract Bill of Suspension for Alex. Henderson and Others._[34]

The 3 ministers that wer charged with thesse letters, wer Mr Alexander
Hendersone, minister of Leuchers; Mr James Bruce, minister at
Kingesbarnnes; and Mr George Hamiltone, minister at Newbirne. They for
themselues, and in name of the remanent ministers of the kingdome, did
suplicat, in all humility, the Lordes to grant to them a suspensione of
the said charge, for thesse followinge reassons:—

First, Becausse the said seruice booke is not warranted by the
authority of the generall assemblies, wich is the representatiue kirke
of this kingdome, and hath euer since the reformatione giuen directione
in matters of Gods worschipe, nor be aney acte of parliament (wich in
thinges of this kynd) hath euer beine thought necessarey by his Majesty
and estaites.

Secondlie, Becausse the liberties of the trew kirke, and the forme of
worschipe and religion receaued at the reformatione, and vniwersally
practissed sinsyne, is varranted by actes of generall assemblies, and
diuersse actes of parliament, 1567, and of the lait parliament, 1633.

Thridlie, The kirke of Scotland is ane independent kirke, and her auen
pastors should be most able to decerne and directe quhat doe best seime
our mesour of reformatione, and quhat may serue most for the good of
the people.

Fourtlie, It is not wnknowen to your Lordschipes, quhat disputing,
diuisione and trouble, hath beine in this kirke aboute some few of the
maney ceremonies contined in this booke, wich being examined, as wee
shall be redey at a competent tyme assigned by your Lordschipes to
shaw, will be found to depairt far from the worschipe and reformatione
of this kirke, and in poyntes most materiall for the kirke of Rome, for
hir hierarchie and doctrine, superstitione and idolatrie in worschipe,
tyranie in gouerniment and in wickednesse, eurey way als antechristian
now, as quhen it cam out of her.

Fyftlie, The people hath beine otherwayes taught by ws, and our
prædicessors in our places, euer since the reformatione; and so it
lickly they will be found, wnwilling to the change quheneuer they be
assayed, euen quhen ther pastors are willinge, in respecte quherof the
saides letters of horneinge, haill effecte and executione, aught to be
simpliciter suspendit in tyme coming.

_Deliverance thereon by Council._[35]

The Lords of secret counsaile, wnderstanding that ther hes beine a
grate mistaking in the letters and charges giuen out wpone the acte of
counsaell made anent the buying of the seruice bookes, The said Lords
for removing and clearing of all such simplie declares, that the saide
acte and letters extend allainerlie to the buying of the said bookes,
and no further. Giuen at Edinbrughe, 25 of Aguste, 1637.

       *       *       *       *       *

1637.—August 25.

11. _Letter from the Privy Council to the King._[36]

MOST SACRED SOUERAINGE,

According to the warrand of your Maᵗⁱᵉˢ commandiment, wee haue beine
most willing and redey to giue all concurrence and assistance to the
Lordes of the clergie for the establishing of the seruice booke; and
notwithstanding of that barbarous tumulte, occasioned alenerlie (for
aney thing wee can learne) as zet, by a nomber of basse and rascally
people, wee wer werey hopefull that in a shorte tyme, without aney
furder trouble ore importunity to your Maiesty, to haue brought to
practisse, by hauing appoynted a meitting of counsaill wpone the 25 of
Aguste instant, in this extraordinarey tyme of vacance, expresly to
thinke wpone the best expediencies for aduancing that seruice booke,
wee fand ourselues far surpryssed by our expectation with the clamor
and feares of your Maiesties subiects, from diuersse pairts and corners
of the kingdome; and that euen from thesse quho hes hertofor otherwayes
liued in obedience and conformitey to your Maiesties lawes, both in
ecclesiasticall and ciuill bussines. And this wee fand to be ane matter
of so heighe ane consequences, in respecte of the generall grudge and
murmur of all sortes of people, for wrging of the practisse of the
seruice booke, as the lyke has not beine hard at aney tyme; zet wee dar
not delay it, nor conceile it from your Maiesty, not knowing quherwnto
the samen may tend, and quhat effecte it may produce. Nather dare wee
diue aney furder in the trayell of the causse of the saides feares and
remedies thereof, vntill it shall pleis your Maiestie, in the deipnes
of your judgement and royall wnderstanding, to prescryue the way,
after heiring of all particulars, ather by calling some of your Maᵗⁱᵉˢ
counsaile, or Lordes of the clergie, to your Maiesties auen presence;
to the effecte that ane coursse may be takin for pacefing the present
commotione, and establishing the said seruice booke, or otherwayes by
such meines as your Maiesty, in your auen grate wisdome, shall thinke
fitting. And wee haue appoynted the 20 of September for attending your
Maiesties pleasur theranent, quhilke wee humbley, as becomes faithfull
subiectes, and thosse quhom your Maiestiy hes honored with your royall
commandiments, will follow and obey; and so, with all our most humble
prayers for your Maiesties longe and prosperous rainge, wee humblie
kisse your royall handes, from Edinbrughe, 25 of Aguste, 1637.

  Traqhaire,
  Roxbrughe,
  Perth,
  Lauderdaill,
  St Andrewes,
  Morton,
  Vigtone,
  Southescke,
  Alexander,
  Naper,
  Da: Edinbrughe,
  Tho: Galloway,
  Jo: Hay,
  Ja: Carmichell,
  Thomas Hope,
  Jo: Hamilton.

       *       *       *       *       *

1637.—August 27.

12. _Traquair’s Letter to the Marquis of Hamilton._[37]

MY NOBLE LORD,

At the meeting of the Council here at Edinburgh the 23th of this
instant, we found so much appearance of Trouble and Stir like to be
amongst people of all qualities and degrees, upon the urging of this
new Service-book, that we durst no longer forbear to acquaint his
Majesty therewith, and humbly to represent both our Fears, and our
opinions how to prevent the Danger; at least our opinions of the way
we would wish His Majesty should keep therein, or before he determine
what course to take for pacifying of the present Stir, or establishing
of the Service-book hereafter; wherein all I will presume to adde
to what the Council hath written, is to intreat your Lordship to
recommend to his Majesty, that if he be pleased to call to himself
any of the Clergie, he would make choice of some of them, of the
wisest and most calm Dispositions; for certainly some of the leading
men amongst them are so violent and forward, and many times without
ground or true judgment, that their want of right understanding how to
compass business of this nature and weight, does often breed us many
difficulties, and their rash and foolish Expressions, and sometimes
Attempts, both in private and publick, have bred such a Fear and
Jealousie in the hearts of many, that I am confident, if His Majesty
were rightly informed thereof, he would blame them, and justly think,
that from this and the like proceedings arises the ground of many
Mistakes amongst us. They complain that the former Ages have taken
from them many of their Rents, have robb’d them of their Power and
Jurisdiction, and even in the Church itself and Form of Gods Worship
have brought in some things that require Reformation: but as the deeds
of these Times, at least the beginnings thereof, were full of notour
and tumultuary disorder, so shall I never think it will prove for the
good either of Gods Service or the Kings, by the same ways or manner
of dealing to press to rectifie what was then done amiss. We have a
wise and judicious Master, who will (nor can) urge nothing in this
poor Kingdom, which may not be brought to pass to his contentment: and
I am most confident, if he shall be graciously pleased to hear his
faithful Servants inform him of the Truth, he shall direct that which
is just and right; and with the same assurance I dare promise him
Obedience. The interest your Lordship has in this poor Kingdom, but
more particularly the duty you owe to His Majesty, and the true respect
I know you have ever carried to His Majesties Honour, and the good of
his Service, makes me thus bold to acquaint your Lordship with this
business, which in good faith is by the folly and misgovernment of
some of our Clergie-men come to that height, that the like has not been
seen in this kingdom for a long time. But I hope your Lordship will
take in good part my true meaning, and ever construct favourably the
actions of

  Your loving faithful Friend, and humble Servant,
  Edinburgh, Aug. 27.
  TRAQUAIR.

       *       *       *       *       *

1637.—September 10.

13. _Letter from the King to the Privy Council._[38]

CHARLES Rˣ,

Rᵗ trustie and weill beloued, &c. Wee have considered your letter,
and wee find that our former directions haue produced werey shallow
effectes; nather doe you heirby propone aney new expedient, bot onlie
you desyre some of the clergie and layitie should be send for to
deall with ws therin, wiche wee conceaue not to be fitt; and by a
neidlesse noysse make it appeire, that ather wee have a werey slacke
counsaill, ore bad subiects, wich wee will neuer beleiue, hauing had
so good a prouffe of ther affectione heirtofor; bot rather wills,
that a sufficient number of you attend still at Edinbrughe, or neir
thereabout, during the vaccance tyme, till the seruice booke be
settled. And wee are not weill satisfied nather with you nor our
citty of Edinbrughe, that after the seruice wes read wpon the Sunday
afternoone, it should haue beine intermitted immediately therafter,
and that no delinquents that wer actores and accessories to that
insolence and ryotte committed in the tumult that day, wer aney wayes
censured, for terrifeinng of others from attempting the lyke; and it
doeth lykwayes seime werey strange wnto ws, that the ministers of
Edinbrughe hauing offred to begin the reeding of the seruice booke,
prowyding they were secured from iniurey, and releiued by our said
cittey of the said charge within a mounthe therafter, that the said
offer was not accepted and performed; and it is our pleasure that euery
bischope causse reid the said seruice booke within his auen dyocie, as
the Bischopes of Rosse and Dumblaine haue alredy done. As lykwayes you
causse warne our burrowes particularlie, that none of them make choysse
of any magistrats, but suche as they will anssuer for ther conformity.
So expectinge that you will extend the vttermost of your endewors, by
doing quhat is necessarey, and preuenting aney inconwenient that may
occur, that wee may haue a good compte with diligence, wee bid you
fairweill from our courte at Ottlandes, 10 Septem: 1637.

       *       *       *       *       *

1637.—September 20.

14. _Act of Privy Council._[39]

Apud Edinbrughe, 20 Sept. 1637.

The quhilk day, the Lordes of secrett counsaill hauing hard and
considered his Maiesties missiue and directione to them, concerning
the seruice booke, the saides Lordes, for satisfaction of his royall
pleasure signified therein, nominatts, appoynts and ordaines the Lord
Chanceler, Thesaurer, the Earles of Vinton, Vigton, Southescke, the
Bischopes of Edinbrughe and Galloway, the Clercke Register, Iustice
Generall, Thesaurer Depute, Kinges Aduocat, Iustice Clerck, the Laird
of Blackhall, ore aney seuin of them; the Lord Chanceler and Lord
Thesaurer alwayes being tuo, not excluding aney of the 10, quho shall
be pleased to be present, to attend ore resorte heir in this vaccance
tyme, for performance of quhat his Maiesty, by his said letter,
hes committed to our caire; lykwayes the Lordes suspendes to giue
anssuer to ther petitione, giuen in this daye be noblemen, barons,
ministers, burroughes and comons, aganist the seruice booke, wntil
his Maiestie, after dew consideratione of the same shall signifie his
gratious pleasure thereanent, wherewith the saides petitioners shall
be tymeously acquainted; and quherof mentione was judicially made
to the Earles of Sutherland and Wymes, in name of the rest of the
petitioners, and for themselues. And wheras the Duck of Lennox, his
Grace, has beine ane eare and eye wittnes to all that was moued or
treatted off in consaile concerning that matter, and quho is presently
to repaire to his Maiesties royall courte; the saides Lordes intreattes
the Duckes Grace to remonstratt to his Maiestie the trew estait of the
bussines, with the maney pressing difficulties occuring therin; and to
sollicit his Maᵗⁱᵉˢ gratious resolution theranent; for wiche ordaines
tuo or three of the pryme persones, wich the counsaile shall make
choysse offe, with a roll and list of the rest, to be deliuered to the
Duckes Grace, to be represented by him to his Maiesty at his fitting
conuenience. Extractum, &c. sic subscribitur.

JA: PRYMROSE.

       *       *       *       *       *

1637.—October 9.

15. _Letter from the King to the Privy Council._[40]

CHARLES Rˣ,

Rᵗ Reuerend Father in God, &c. Wee greett you weeill. Wee haue seine
the letter and petitions ze sent ws therwith, wiche wee thinke not fitt
to ansuer at this tyme, bot will doe it quhen wee shall thinke fitt;
and becausse wee are not resolued for the present quhen to doe it, wee
command you to dissolue the meitting of this counsaile day, in so far
as it does concerne this bussines; commanding them to repaire to ther
auen duellings, wnder paine of horning, excepte such persons as shall
make knowen to you just causse of stay, for ther particular affaires;
and it is our furder pleasur, that you take especiall caire, and wsse
your best endeuors, to find out and punishe the steires wpe of the lait
tumulte at Edinbrughe and Glasgow; and so we bid you hartly fairweell,
from our housse of Hampton Courte, 9 of October, 1637.

       *       *       *       *       *

1637.—October 17.

16, 17, 18. _Acts of Council._[41]

Apud Edinburgh 17. Octob. 1637.

Forasmuch as it hath pleased the Kings Majestie, upon divers good
respects and considerations, to give warrant and direction to the Lords
of his Majesties Privie Councell, for dissolving the meeting of this
Councell day, in so farre as concerneth matters of the Church: And that
everie one that hath come to attend this businesse, repaire to their
owne dwellings, except such persons as shall make knowne to the said
Lords of Councell just cause of stay for their particular affaires;
Therefore the said Lords, according to his Majesties speciall warrant
and direction sent unto them, have dissolved, and by the tenour hereof
doe dissolve the meeting of this Councell day, in so farre as concernes
the businesse above written; And ordaines a Maissar of Councell to
passe to the Mercate Crosse of Edinburgh, and to make publication
hereof; And to command everie one that hath come hither to attend this
businesse, to repaire home to their owne dwellings within 24. houres
after the publication hereof, except such persons as shall make knowne
to the said Lords just cause of their further particular affaires in
manner aforesaid, under the paine of Rebellion, and putting of them to
the Horne; with certification to them, that if they faile they shall be
denounced Rebels, and be put to the Horn, and all their moveable goods
escheat to his Majesties use.


Apud Edinburgh 17. Octob. 1637.

Forasmuch as it hath pleased the Kings Majestie, upon divers great and
good considerations knowne to his Majestie, to remove his Councell
and Session from the Citie of Edinburgh to the Burgh of Dundie: And
whereas it is inconvenient at this time to remove it so farre, his
Majestie is graciously pleased that this next Session shall be holden
at the Burgh of Linlithgow, and the next after the ordinarie vacants
at the Burgh of Dundie: And there to remaine during his Majesties
pleasure: And therefore the said Lords, according to his Majesties
speciall direction, ordaines Maissars or Officers of Armes to passe
and make publication hereof to all his Majesties good subjects by
open Proclamation at all places needfull, whereby they can pretend no
ignorance thereof, but may prepare themselves to attend at Linlithgow
and Dundie accordingly.


Apud Edinburgh, Octob. 17. 1637.

Forasmuch as the Kings Majestie is credibly informed, that there is
a certaine booke intituled, A Dispute against the English Popish
Ceremonies, obtruded upon the Kirke of Scotland, and hath beene sent
abroad and dispersed in this Kingdome, purposely to stirre the hearts
and affections of the subjects from their due obedience and allegence:
And therefore it hath pleased his Majestie to give order and direction
to his Councell, that diligent inquirie and search be made for the
said booke; And for this effect the said Lords ordaines letters to
be directed to make intimation and publication to all his Majesties
subjects, that such of them as have anie of the said bookes, bring in
the same to the Lords of his Majesties Privie Councell betwixt the
date of this Proclamation and the __________ day of ______________ And
the said bookes being brought in, that the same be publikely burnt,
certifying all his Majesties subjects if any of those bookes shall
be found or knowne to have beene with any of them after the time
aforesaid, that they shall incurre the like censure and punishment as
the Authour may be found to deserve for any thing contained in that
booke.

       *       *       *       *       *

1637.—October 18.

19. _Act of Council._[42]

At Haly-rud-house the 18 of Octob. 1637.

Forasmuch as a number of the Lords of his Majesties Privie Councell,
as likewise the Towne Councell of Edinburgh, being this day conveened
in their severall Judicatories for his Majesties speciall affaires
and service, they were most rudely interrupted in the course of their
proceedings, by a tumultuous gathering of the promiscuous and vulgar
multitude, by whom his Majesties Councell and servants in an open way
was shamefully environed: Which being a matter verie disgracefull to
his Majesties Authoritie and lawfull Government, and which in the
consequence thereof may produce dangerous effects, if the like bee
not prevented in the time to come; Therefore the Lords of Secret
Councell, according to the dutie of their place and charge incumbent
unto them, Ordaines a Maissar of Councell to passe to the Mercate
Crosse of Edinburgh, and there by open Proclamation to discharge all
publike gatherings and convocations of his Majesties subjects within
the Citie of Edinburgh, and upon the streets thereof; As likewise all
private meetings tending to faction and tumult: And in his Majesties
name and authoritie, to command and charge all his Majesties lieges
and inhabitants within the said Citie, to containe themselves in peace
and quietnesse; And for that effect to keepe their houses, except when
their lawfull businesse doth otherwise call them, Under all highest
paine and charge that by rigour of law can be inflicted upon the
contraveeners of the premises in manner above expressed.

       *       *       *       *       *

1637.—October 18.

20. _Petition of the Men, Women, Children, and Servants of Edinburgh to
the Lord Chancellor, against the Service Book._[43]

MY LORD CHANCELLOUR,

Unto your Lordship humbly shewes, we, men, women, and children, and
servants, indwellers within the Burgh of Edinburgh: That whereas we
being urged with this Book of Service, and having considered the same,
We finde many things therein so farre different from that forme of
Gods publike worship universally received and professed within this
Kingdome: And we Burgesses, being at our entrie and admission deeply
sworne for the maintenance thereof, that now makes our hearts to
tremble, and our weak consciences will not suffer us to imbrace and
practise this urged Service: We have this long time past, winked at
some former alterations, being put in hope that no further novations
should follow. But now we being oppressed, with our just feares to see
our selves deprived of that libertie in serving God which ever hath
beene approved by Church and Kingdome: In place whereof we are now like
to be constrained to imbrace another, which hath neither been agitated
nor received either by generall Assemblie or Parliament: In such
extremitie we are most humbly to supplicate your Lordship to consider
our present estate, and that this businesse is a matter of so great
weight and consequence as should not appeare to bee a needlesse noyse
of simple women, but it is the absolute desire of all our hearts for
preservation of true Religion amongst us, which is dearer to us than
either estate or life: And therefore we do humbly crave, that as the
rest of the Kingdome, so we may have a time to advise, and that your
Lordship may find out some way whereby we may be delivered from the
feare of this and all other innovations of this kinde, and have the
happinesse to injoy the true Religion, as it hath beene by the great
mercie of God reformed in this land, and authorised by his Majestie,
who may long and prosperously Reigne over us: And your Lordships answer.

       *       *       *       *       *

1637.—October 18.

21. _Petition of the Noblemen, Gentrie, Ministers, Burgesses, and
Commons to the Council against the Service Book and Book of Canons._[44]

MY LORDS OF SECRET COUNCELL,

Unto your Lordships humbly shews; We Noblemen, Barons, Ministers,
Burgesses, and Commons; That whereas we were in humble and quiet
manner attending a gracious answer of our former supplications against
the Service Book imposed upon us, and readie to shew the great
inconveniences which upon the introduction thereof must ensue, we
are, without any knowne desert, farre by our expectation, surprised
and charged by publike Proclamation to depart out of the town within
twentie foure houres thereafter, under paine of Rebellion; by which
peremptorie and unusuall charge, out feares of a more severe and strict
course of proceeding are augmented, and course of our supplication
interrupted: wherefore we are constrained, out of the deep griefe
of our hearts, humbly to remonstrate, that whereas the Arch-bishops
and Bishops of this Realme, being intrusted by his Majestie with the
government of the affaires of the Church of Scotland, have drawne
up and set forth, and caused to be drawne up and set forth, and
injoyned upon the subjects two Books; In the one whereof, called
the Book of Common prayer, not onely are sowne the seeds of divers
Superstitions, Idolatrie, and false doctrine, contrarie to the true
Religion established within this Realme by divers Acts of Parliament;
But also the Service Booke of England is abused, especially in the
matter of Communion, by additions, subtractions, interchanging of
words and sentences, falsifying of titles, and misplacing of Collects,
to the disadvantage of Reformation, as the Romish Masse is, in the
more substantiall points, made up therein, as we offer to instruct in
time and place convenient, quite contrarie unto and for reversing the
gracious intention of the blessed Reformers of Religion in England.
In the other book called Canons and Constitutions for the government
of the Church of Scotland, they have ordained, That whosoever shall
affirme that the forme of worship inserted in the Booke of Common
Prayer and administration of the Sacraments, whereof heretofore and
now we most justly complaine, doth containe any thing repugnant to the
Scriptures, or are corrupt, superstitious, or unlawfull in the service
and worship of God, shall be excommunicated, and not be restored but
by the Bishop of the place, or Archbishop of the Province, after his
repentance and publicke revocation of this his wicked errour; Besides
one hundred Canons moe, many of them tending to the reviving and
fostering of abolished superstitions and errours, and to the overthrow
of our Church Discipline established by Acts of Parliament, opening a
doore for what further invention of Religion they please to make, and
stopping the way which Law before did allow unto us for suppressing
of errour and superstition; And ordaining, That where in any of the
Canons there is no penalty expressly set down, the punishment shall
be arbitrary as the Bishop shall think fittest: All which Canons were
never seen nor allowed in any Generall Assembly, but are imposed
contrary to order of law, appointed in this Realm for establishing
Constitutions Ecclesiasticall; unto which two books, the foresaid
Prelates have under trust procured his Majesties Royall hand and
Letters Patents, for pressing the same upon his loyall subjects, and
are the Contrivers and Devisers of the same, as doth clearly appeare
by the Frontispice of the Book of Common Prayer, and have begun to
urge the acceptance of the same, not onely by injunctions given in
Provinciall Assemblies, but also by open Proclamation and charge of
Horning, whereby we are driven in such straites as we must either by
Processe of Excommunication and Horning suffer the ruine of our estates
and fortunes, or else by breach of our Covenant with God, and forsaking
the way of true Religion, fall under the wrath of God, which unto us
is more grievous then death. Wherefore we being perswaded that these
their proceedings are contrary to our gracious Sovereign his pious
intention, who out of his zeale and Princely care of the preservation
of true Religion established in this his ancient Kingdome, hath
ratified the same in his Highnesse Parliament 1633. And so his Majestie
to be highly wronged by the said Prelates, who have so farre abused
their credit with so good a King, as thus to insnare his subjects, rend
our Church, undermine Religion in Doctrine, Sacraments, and Discipline,
move discontent between the King and his subjects, and discord between
subject and subject, contrary to severall Acts of Parliament: We out
of bound duty to God, our King and native Countrey, complain of the
foresaid Prelates, humbly craving, that this matter may be put to
tryall, and these our parties taken order with according to the lawes
of the Realm; And that they be not suffered to sit any more as Judges,
untill the cause be tryed and decided according to Justice. And if this
shall seeme to bee to you a matter of higher importance then you will
condescend unto, before his Majesty bee acquainted therewith, Then wee
humbly supplicate that this our grievance and complaint may be fully
represented to his Majestie, That from the influence of his Gracious
Soveraigntie and Justice these wrongs may bee redressed, and we have
the happinesse to injoy the Religion, as it hath beene reformed in this
Land.

       *       *       *       *       *

1637.—November 15.

22. _Letter from the King to the Council._[45]

CHARLES Rˣ,

Rᵗ Reuerend Father in God, &c. Quheras ther are maney thinges at this
tyme considerable for our seruice in that kingdome, wich wee cannot
expresse at large be wreat wnto you, wee haue takin the occasion of
our trustie and weill beloued cousin and counseller, the Earle of
Roxbrughe, his repairing thither, that by him wee acquant you with our
mynd, als far as wee haue conceaued fitting, vpone that wiche wee haue
alredey hard from you. And it is oure pleasure, that in all thinges
wich he shall communicat to you from ws, ather by word or wreat,
concerning the present estait of that kingdome, you giue trust to him;
and wee expecte, that in eurey thing wich you, or aney of you, haue
found, ore shall find expedient for the vindicating of our honor, and
quieting of the present disorders within that kingdome, ze will all
giue that free aduice, and ioynt concurrence, wich wee are confident
to receaue from our faithfull counsellers, quherof wee will be werey
sensible, at most acceptable seruice done. Wee bid you fairweell, from
our courte at Whithall, the 15 of Nouember, 1637.

       *       *       *       *       *

1637.—December 7.

23. _Proclamation at Linlithgow._[46]

Apud Linlithgow septimo Decemb. 1637.

For as much as the Kings Majestie, having seene the Petition presented
to the Lords of his Majesties privie Councell, and by them sent up to
his Majestie concerning the Service Book, determined to have taken the
same into his Royall consideration, and to have given his gracious
answer thereanent with all conveniencie: Like as his Majestie by his
letters to his Councell of the date of the ninth of October last, did
signifie his gracious resolution to the effect aforesaid. But since
that time, his Majestie finding (farre contrarie to his expectation)
that such disorderly, tumultuous and barbarous insolencies have beene
committed within the Citie of Edinburgh upon the eighteenth of October
last, to the great contempt of his Majesties Royall authoritie, by
abusing his Majesties Councellors and Officers of State, with others
bearing charge and authoritie under his Majestie within the said Citie:
His Majestie in a just resentment of that foule indignitie, (wherein
his Majesties Honour did so much suffer) hath beene moved to delay the
signification of his Majesties gracious intention, in giving to his
subjects such satisfactorie answers to their Petitions as in equitie
might have been expected from so just and religious a Prince; But yet
his Majestie being unwilling that his Loyall and faithfull subjects
should be possessed with groundlesse and uncessarie doubts and feares,
His Majestie is pleased out of his goodnesse to declare, like as by
these presents hee declareth, That as he abhorreth all Superstition of
Poperie, so he will be most carefull that nothing be allowed within
his Majesties Dominions, but that which shall tend to the advancement
of the true Religion, as it is presently professed within his most
ancient Kingdome of Scotland: And that nothing is or was intended to be
done therein against the laudable lawes of this his Majesties native
Kingdome. And ordaineth publication to bee made hereof in forme as
aforesaid.

       *       *       *       *       *

1637.—December 21.

24. _Speech of Lord Lowden to the Privy Council._[47]

After my Lord had, in all humility and submissiones, craued the Lordes
of his Maiesties priuey counsaill, ther audience and patience, in
respecte diuerse counsellors of the best sorte wer ther present, quho
wer not acquanted with the progresse of the bussines; he declared the
trew causse of the compirance of so grate a nomber of the nobility,
gentrey, ministrie, and comons of all sortes ther, thus:—

My Lordes, (sayes he,) the subiecte of our complaint and contrawersie
is religione, and lawes of the kingdome, wpone wiche dependethe bothe
the weillfaire of the churche and comonwealthe, our condition of lyffe,
our libertey and fortoune in this transitorey worlde, and the æternall
happines in the lyffe to come; our deutie to Almightie God, the supreme
King of Kinges, with our alledgeance and deutie to our soueraigne lord
and master, the King’s Maiestie.

The matter of our regrate and griuance is, the alteratione of
religione, in publicke forme of Gods worschipe, the most soleme action
of ws all cretures in earth, wich by the innouvations complained
off, is changed in doctrine, sacramentes and discipline, without and
contrair to seuerall actes of parliament, and actes of nationall
assemblies.

The innouations introduced, are chiffly the seruice booke, the booke
of canons and constitutis, and the heighe commissione; in wich
seruice booke are sowin the seedes of diuersse superstitions and
heresies, that the Roman messe, in maney and substantiall poyntes,
is made wpe therin; quhilke seruice booke and other nouations haue
nather warrant of general assembly, nor of acte of parliament, bot
contrarey to bothe, are introduced be the bischopes, quho haue caused
sett fourthe ane booke of canons, quherin it is ordained, quhosoeuer
shall affirme that the seruice booke containes aney thing erronious,
shall be excommunicat; wich booke is the wsher and forrunner of the
seruice booke printed therafter, quhilk by the bischopes conwayence
was ratiffied by acte of parliament, and confirmed longe befor it was
seine and printed, the bischopes for the tyme making wpe the counsaile,
no nobleman being present ther quho did opposse it; and therafter by
publick proclamatione cam fourth, chargeing all his Maᵗⁱᵉˢ subiects
to conforme therto, as the onlie forme of Godes publicke worschipe to
be wsed within the kingdome. After this the booke was printed, and as
the booke was redey for the presse, letters of horning wer directed
to charge the minister to bay the saides bookes for the wsse of the
paroche, in Julij, wich moued them to giue in a bill of suspentione in
Aguste follouing. The subiects finding themselues in the lyke danger,
wnder one of tuo extremities, one being feared to be declared rebells
and excommunicat one the one hand, ore forsaking the way of trew
religione, one the other hand, contrarir to the sourne couenant with
them, could find out no better meine, be ane legall and submissiue
way, then to supplicat the Lordes of secret counsaile. Albeit thir
innouations, by all thosse quho takes Gods worshipe to harte, doe
wnderstand they wer contryuett to tend to the wtter ouerthrow of the
trew religione, and laufull liberty of the subiectes. Zet to eschew
the imputatione of factious conuocations and tumultous dealling, and
to testifie ther loyalty to the King, they resolued to proceid in the
most orderly way of supplicatting, by electinge one or tuo of the
most grauest ministers in each presbyterey, and one or tuo descreitt
gentlemen of each shyre, to prefer ther complaintes, remonstrances
and griuances to the counsaile, by quhosse mediation the matter might
be represented to the Kinges Maiestie, from quhosse justice, redresse
was humblie craued and expected; and supplications at diuersse dyetts,
giuen in name of the nobility, gentlemen, burrowes, and ministers,
to that effecte, as the petitions themselues, that wich was giuen in
the 23 of September, and that wpone the 18 of October, doeth cleirlie
proport. At quhilke tyme, by warrant, appeirantly procured by the
bischopes from his Maiestie, our supplicationes wer interrupted, and
the counsaile at that tyme discharged to medle with churche bussines,
and the supplicants to be discharged off the toune within 24 houres,
wnder the paine of rebellione, wich feared them to giue in that
supplicatione of the 18 of October, containing ane complaint aganist
the bischopes, as contriuers, manteiners and vrgers of the booke. And
the supplicants taking conweniencey of tyme, of the doune sitting of
the sessione againe in Edinbrughe, the 15 of Nouember, commissioners
wer chosen to attend his Maiesties anssuer, and doe quhat ells might
conduce for furthering of ther lawfull desyres. The Earle of Roxbrughe
being therafter sent from courte, did conweine the counsaile at
Linlithgow, the 7 of September, quher ther was ane declaratione for the
King, by oppin proclamatione at the mercat crosse of Edinbrugh, shouing
that the Kinges Maiestie doethe abhore all superstitions of poprie, and
wiolatione of the laudable lawes of the kingdome; and the supplicants
wer desyred by the Earle of Roxbrughe and Traquair, Thesaurer, not to
appeire at Linlithgow, wnder promisse that ther supplicatione should be
judicially hard in counsaile the nixt weeke therafter, to the wich the
counsaile wes appoynted to sitt at Dalkeithe; wher the commissioners
and diuersse wther noblemen of good sorte, did attend the counsell to
haue beine hard, bot wer postponit till the 21 of December.

After this relatione, he subsumed wpon the proclamatione, that thinges
complined one wer superstitious, full of poprie and superstitione,
and wiolatione of the lawes of the kingdome, quherwpon he groundit
the supplicants confidence, to assist aganist the eiuells and the
manteiners therof, seing his Maiestie, by proclamation, was cleired
from authorizing the same.

After the forsaid relatione made by him, he presented a new bill,
with a declinatour against the bischopes, and the double of the
supplicatione presented the 23 of September, and 18 of October; and
becausse no bischopes wer in the counsaile that day, some one quho
remoued himselue befor the complainers cam in, he protested that the
bischopes heirafter should not be permitted to sitt as ther iudges,
wntill the causse was decydit, becausse they war parties, and albeit
they be absent at this tyme, (said he,) zet they may be present at
ane other tyme, and, possible both the most pairt of the counsaile
and complainers shall be absent. The Chanceler with 6 or seuin other
bischopes and coram of the counsaile, may determine vpone our causse
and petitions, als weill as they passed ane acte of counsaile, for
approuing the seruice booke befor it was ather printed or seine, which
acte, wee persuade ourselues had neuer beine passed, if ather ther
had beine a frequent counsaile, or if the bischopes had not beine
predominant ingredientes at that tyme.

After this, he said, our desyres tend to no other end bot the
præseruation of trew religion, the saluatione of our soules, and the
subiectes lawfull liberties; and quher wee craue the matter to be
trayed, and the bischopes and prælats delinquent takin order with
according to iustice, wee nather craue ther blood, nore harme to ther
persones; bot that the abusses and wronges done by them may be trewlie
remonstrat to his Maiesty, that after dew trayell of the wronges, such
order may be takin as the eiuells may be remedit; and that the power
wich they haue takin may be restrained, that the lyke eiuells may be
preuented in tyme to come.

Loudoun thus hauing endit his speach, Traquair, the Thesaurer,
preceiding in counsaile, acknouledged the treuthe of the relatione and
equity of the petition, and so remoued the parties complainers. It past
to interloquitor, and thereafter in ane acte.

       *       *       *       *       *

1637.—December 24.

25. _Act of Council._[48]

The Lordes of secrett counsaile, hauing heard and considered the
tuo suplications and petitions giuen in by the noblemen, barrons,
ministers and burgeses, and finding the matter in them conteinned to
be of that waight and importance, that they cannot determine therein
wntill his Maiestie be acquanted with the same, and his royall pleasur
returned theranent. Therfor, the saides Lordes, for anssuer to the tuo
suplications and petitions, declared that they present the same to his
Maiesties royall consideratione, and that without prejudice of the
declinator giuen in by the saides suplicants, quherwpon they shall be
hard in tyme and place conuenient; and in the meane tyme shall receaue
no præiudice: quherwpone the saides supplicants asked instruments.[49]

1638.—February 19.

26. _Proclamatian at Stirling._[50]

Charles by the grace God, King of great Britaine, France, and Ireland,
defender of the faith, &c. To Our Lovits, &c.

Our Sheriffes in that part conjunctly and severally, specially
constituted, greeting. For as much as Wee out of Our Princely care of
maintenance of the true Religion already professed, and for beating
downe of all superstition, having ordained a Book of Common prayer to
be compiled for the generall use and edification of Our subjects within
Our ancient Kingdome of Scotland, the same was accordingly done: In
the performing whereof, We took great care and paines; So as nothing
past therein but what was seene and approved by Us, before the same
was either divulged or printed, assuring all Our loving subjects, that
not onely Our intention is, but even the verie Book will be a readie
meanes to maintaine the true Religion alreadie professed, and beat
out all Superstition; Of which We in Our owne time do not doubt but
in a faire course to satisfie Our good subjects. But having seene and
considered some Petitions and Declarations given in to Our Councell
against the said Book and late Canons of the Church, We find Our Royall
Authority much injured thereby, both in the matter and in the carriage
thereof; whereby We conceive these of Our Nobility, Gentrie, Burroughs,
Ministers, and others, who kept and assisted these meetings and
Convocations for contriving and forming the said Petitions, or who have
subscribed the same, to deserve and bee liable to Our high censure,
both in their persons and fortunes, as having conveened themselves
without either Our consent or authoritie; Yet because Wee beleeve that
what they have done herein is out of a preposterous zeale, and not out
of any disloyaltie or disaffection to Soveraigntie, We are graciously
pleased in so farre as concernes these meetings for consulting or
subscribing of these Petitions, or presenting the same to any Judge or
Judges in Our said Kingdome, to dispense therewith, and with what may
bee their fault or errour therein, to all such as upon signification or
declaration of Our pleasure shall retire themselves as becometh good
and dutifull subjects: To which purpose Our will is, and We charge you
straightly, and commands, that incontinent these Letters seene, you
passe, and in Our name and authoritie make intimation hereof, to all
Our lieges and subjects, by open Proclamation at all places needfull,
wherethrough none pretend ignorance thereof; And therewith also, That
you in Our name and authoritie discharge all such convocations and
meetings in time comming, under the paine of treason: And also that
you command, and charge, and inhibit all our lieges and subjects,
that none of them presume nor take in hand to resort nor repaire to
Our Burgh of Sterling, nor to no other Burgh, where Our Councell and
Session sits, till first they declare their cause of comming to our
Councell, and procure their warrant to that effect. And further,
that you command and charge all and sundrie Provosts, Bailiffes, and
Magistrates within Burgh, That they and everie one of them have a
speciall care and regard to see this Our Royall will and pleasure
really and dutifully obeyed in all points; And that no violation
thereof be suffered within their bounds, under all highest paine,
crime, and offence that they may commit against Us in that behalfe.
As also that you command and charge all and sundrie Noblemen, Barons,
Ministers and Burrowes, who are not actuall indwellers within this Our
Burgh, and are not of the number of the Lords of our privie Councell
and Session, and members thereof, and are already within this Our
Burgh, that they, and everie one of them, remove themselves, and depart
and passe forth of Our said Burgh, and returne not againe, without the
warrant aforesaid, within six houres after the publication hereof,
under the said paine of treason. And as concerning any Petitions that
hereafter shall be given unto Us, upon this or any other subject,
Wee are likewise pleased to declare, that We will not shut Our ears
therefrom; so that neither the matter nor forme be prejudiciall to Our
Regall Authoritie. The which to do We commit to you, conjunctly and
severally, Our full power by these Our Letters, delivering the same by
you duely execute and indorsed againe to the bearer. Given under Our
Signet at Sterling the nineteenth day of February, And of Our Reigne
the thirteenth yeere, 1638.

Per actum Secreti Concilii.

       *       *       *       *       *

1638.—February 19.

27. _Protestation by Lords Hume and Lindsay._[51]

FOR GOD AND THE KING.

We Noblemen, Barons, Ministers, Burrowes, appointed to attend his
Majesties answer to our humble Petition and complaint, and to preferre
new grievances, and to do what else may lawfully conduce to our humble
desires; That whereupon the 23. of September last, wee presented a
Supplication to your Lordships, and another upon the 18. of October
last, and also a new Bill relative to the former upon the 19. of
December last, and did therein humbly remonstrate our just exceptions
against the Service Book, and Book of Canons; and also against
the Archbishops and Bishops of this Kingdome, as the contrivers,
maintainers, and urgers therof, and against their sitting as our
Judges untill the cause be decided; earnestly supplicating withall to
bee freed and delivered from these and all other innovations of that
kinde, introduced against the laudable Lawes of this Kingdome; as that
of the High Commission, and other evils particularly mentioned, and
generally contained in our foresaid supplications and complaints, and
that this our partie delinquent against our Religion and Lawes may be
taken order with, and these pressing grievances may be taken order
with and redressed according to the Lawes of this Kingdome, as by our
said supplications and complaints more largely doth appeare: With the
which on the 19. of December last, we gave in a Declinator against
the Arch-bishops and Bishops as our parties, who by consequence
could not be our Judges; whereupon your Lordships declared by your
Act at Dalkeith the said 19. of December, that you would present our
Petitions to his Majesties Royall consideration, and that without
prejudice of the Declinator given in by us the said supplicants;
whereupon we should be heard at place and time convenient, And in the
mean time should receive no prejudice, as the said Act in it selfe
beareth. And whereas we your Lordships supplicants with a great deale
of patience, and hope also, grounded on sundry promises, were expecting
an answer to these our humble desires, and having learned that upon
some directions of His Majesties anent our supplications and complaint
unto your Lordships of the Secret Councell, your Lordships admits to
the consulting and judging anent our supplications, and His Majesties
answere thereunto, the Archbishops and Bishops our direct parties,
contrarie to our Declinator first propounded at Dalkeith, and now
renewed at Sterling; and contrarie to your Lordships Act aforesaid
at Dalkeith, and contrarie to our Religion and Lawes, and humble
supplications. Therefore lest our silence be prejudiciall to this so
important a cause, as concernes Gods glorie and worship, our Religion,
Salvation, the Lawes and Liberties of this Kingdome, or derogatorie
to the former supplications and complaints, or unanswerable to the
trust of our Commission; out of our bound dutie to our God, our King
and native Countrey, we were forced to take instruments in Notaries
hands, of your Lordships refusall to admit our Declinator, or remove
these our Parties, and to protest in manner following: First, That we
may have our immediate recourse to our sacred Soveraign, to present
our grievances, and in a legall way to prosecute the same before
the ordinarie competent Judges, Civill or Ecclesiasticall, without
any offence offered by us, or taken by your Lordships. Secondly, We
protest that the said Archbishops and Bishops, our Parties complained
upon, cannot be reputed or esteemed lawfull Judges to sit in any
Judicatorie in this Kingdome, Civill or Ecclesiasticall, upon any of
the supplicants, untill after lawfull tryall judicially they purge
themselves of such crimes as we have already laid to their charge,
offering to prove the same whensoever His Sacred Majestie shall please
to give us audience. Thirdly, We protest that no Act nor Proclamation
to follow thereupon, past, or to be past in Councell or out of
Councell, in presence of the Archbishops and Bishops, whom we have
already declined to be our Judges, shall any wayes be prejudiciall
to us the supplicants, our persons, estates, lawfull meetings,
proceedings, or pursuits. Fourthly, We protest that neither we nor any
whose heart the Lord moveth to joine with us in these our supplications
against the foresaid Innovations, shall incurre any danger, in life,
lands, or any Politicall or Ecclesiasticall paines, for not observing
such Acts, Bookes, Canons, Rites, Judicatories, Proclamations,
introduced without or against the Acts of Generall Assemblies, or
Acts of Parliament, the Statutes of this Kingdome; But that it shall
be lawfull for us or them to use our selves in matters of Religion
of the externall worship of God and Policie of the Church, according
to the word of God, and laudable Constitutions of this Church and
Kingdome, conforme to His Majesties Declaration the ninth of December
last. Fifthly, Seeing by the legall and submisse way of our former
supplications, all who takes these Innovations to heart, have been kept
calme and carried themselves in a quiet manner, in hope of redresse;
We protest, that if any inconvenience shall happen to fall out (which
we pray the Lord to prevent) upon the pressing of any of the foresaid
Innovations of evils, specially or generally contained in our former
supplications and complaints, and upon your Lordships refusall to take
order thereanent, the same be not imputed to us, who most humbly seeks
all things to be reformed by an Order. Sixthly, We protest that these
our requests, proceeding from conscience and a due respect to His
Majesties honour, doe tend to no other end, but to the preservation
of the true reformed Religion, the lawes and liberties of this His
Majesties most ancient Kingdome, and satisfaction of our most humble
desires contained in our supplication and complaint, according to his
Majesties accustomed goodnesse and justice, from which we doe certainly
expect that His Sacred Majestie will provide and grant such remedie to
our just petitions and complaints, as may be expected from so gracious
a King toward most loyall and dutifull subjects, calling for redresse
of so pressing grievances, and praying to God that his Majestie may
long and prosperously reigne over us.

       *       *       *       *       *

1638.—March 3.

28. _Instructions from his Majesties Council to the Lord Justice-Clerk,
whom they have ordained to go to Court for his Majesties service._[52]

In the first, you are to receaue from the clercke of the counsaile all
the actes since our meitting one the 1 of Marche instant.

Item, you haue to represent to his Maᵗⁱᵉ, that this dayet of counsaile
was appoynted to be keipt solemley, by adwisse of the Lord Chanceler
and remanent Lordes of the clergie, beinng at Edinbrughe for the tyme,
quo assurid ws that they wold keepe the dayett preceisly; bot at our
meitting at Stirlinge, wee receaued a letter of excusse from the Lord
Chanceler, wich forced ws to proceid without his presence, or aney
other of the Lordes of the clergie, except the Bischope of Brechin,
quho attendit with ws three dayes, bot remoued befor the closinge of
our oppinion anent the bussines.

Item, imediatly after wee had resolued to directe you with a letter of
trust to his Maiestie, wee did send our letter to the Lord Chanceler,
acquanting him with our proceidinges, and desyring him to consider
therof, and if he approued the same, to seinge them, and causse the
remanent Lordes of the clergie, being ewest to him, and namlie,
the Bischope of Brechin, quho was ane eare and eye wittnes to our
consultations, to signifie the same to his Maiestie, and by his letter
to signifie hes approbation therof; or if his Lordschipe did find aney
other way more conuenient for his Maiesties honor, and peace of the
countrey, that his Lordschipe, by his letter to the (L’s) Thesaurer and
Priuey Seall, wold acquant them therwith, to the effecte they might
conweine the counsaile for consulting theranent.

Item, that ze show to his Maiestie, that the counsaile, all in one
woyce, findes, that the causse of the generall combustion in the
countrey, are the fears apprehendit of the innouation of religion and
discipline of the kirke, established by the lawes of the kingdome, by
occasione of the seruice booke, booke of canons, and heighe commission,
and formes of introduction therof.

Item, you are to represent to his Maᵗⁱᵉ our humble oppinions, that
seing, as wee conceaue, the seruice booke, booke of canons, and heighe
commission, (as is sett doune) are the occasione of this combustion;
and that the subiects offers them to proue, wpone perrill of ther
liues and fortuns, to cleir that the said seruice booke, and wthers
forsaides, conteine diuersse poyntes contrarey to the trew religion
presently professed, and lawes of the kingdome, in matter and maner
of introduction; that the Lordes thinkes it expedient, that it be
represented to his Maiesties gratious consideratione, that his Maiestie
may be pleassid to declare, as ane acte of his singular iustice, that
his Maiestie will take trayell of his subiects griuances, and reasons
therof, in his auen tyme, and in his auen way, according to the lawes
of the kingdome; and that his Maiestie may be pleassed gratiously
to declaire, that in the meane tyme he will not presse nor vrge his
subiectes therwithe, notwithstanding of aney acte or warrand made in
the contrarey.

And in caisse his Maiesty shall be gratiouslie pleassed to approue of
our oppinions, you are therafter to represent to his Maiesties wysse
and gratious consideratione, if it shall be fitting to consulte his
Maiesties counsaile, or some suche of them as he shall be pleased to
call, ore allow to be sent from the table, both anent the tyme and way
of doing.

Item, if his Maiestie (as God forbid) shall dislyke of quhat wee
conceaue to be most conducing to his Maiesties seruice and peace of
the kingdome, you are to vrge by all the arguments you can, that his
Maiestie doe not determine vpone aney other coursse, wntill some at
least of his counsaile from this be hard to giue the ressons of ther
opinions; and in this caisse you are lykwayes to represent to his
Maiesties consideratione, if it shall not be fitting and necessar to
call for his informers, togider with some of his counsaile, that in
his auen presence he may haue the reasons of both informations fully
delatted.

Item, you shall show to his Maiestie, that his counsaile, hauing takin
to ther consideratione quhat furder was to be done, for compessing and
settling the present combustion within the kingdome, and dissipatinge
of the conuocations and gatheringes within the samen, seing that
proclamations are alredey made and published, discharging all suche
conuocations and wnlawfull meittinges, the (L’s) after debaitting,
findes they can doe no furder then is alredey done heirin, wntill his
Maiesties pleasur be returned to thir our humble remonstrances.

       *       *       *       *       *

1638.—March 5.

29. _Letter from Traquair and Roxburgh to the King._[53]

MOST SACRED SOVERAIGN,

Although the miserable Estate of this poor Kingdome will be
sufficiently understood by Your Majesty from this Gentleman, Sir John
Hamilton’s Relation, yet we conceive our selves in a special manner
bound and obliged to represent what we conceive does so nearly concern
Your Majesties Honour and Service; and therefore give us leave truly
and faithfully to tell Your Majesty, that since the last Proclamation,
the fear of Innovation of Religion is so apprehended by all sorts
of Subjects from all corners of this Kingdom, that there is nothing
to be seen here but a general Combustion, and all men strengthening
themselves by subscribing of Bonds, and by all other means for
resisting of that which they seem so much to fear. This is come to such
a height, and daily like to increase more and more, that we see not a
probability of Force or Power within this Kingdom to repress this Fury,
except Your Majesty may be graciously pleased, by some Act of Your
Own, to secure them of that which they seem so much to apprehend, by
the inbringing of the Books of Common-Prayer and Canons.

The way which the Subjects have taken and daily go about in the
prosecution of their business is inexcusable, and no ways agreeable to
the duty of good Subjects, but Your Majesty is wisely to consider what
is the best and safest course for Your Own Honour and Peace of Your
Government; and since Religion is pretended to be the cause of all,
if it shall not be a safe course to free them at this time of Fears,
by which means the wiser sort will be satisfied, and so Your Majesty
enabled with less pain or trouble to overtake the Insolencies of any,
who shall be found to have kicked against Authority.

We are the rather moved at this time to be of this opinion, that having
found it the opinion, not only of those to whom Your Majesty wrote in
particular, (except of the Marquis of Huntley, who as yet is not come
from the north:) but of most of the Noblemen, and men of respect within
this Kingdom: we find few or none well-satisfied with this business,
or to whom we dare advise Your Majesty to trust in the prosecution
thereof; and if any have, or shall inform Your Majesty to the contrary,
give us leave humbly to intreat Your Majesty, to be pleased to call
them before Your Self, that in our presence You may hear the reasons of
both Informations fully debated. So praying God to grant Your Majesty
many happy days, and full contentment in all your Royal designs, we
humbly take our leave, and rest,

  Your Majesties humble Servants,
  and faithful Subjects,
  Traquair.
  Roxburgh.
  Sterlin March 5. 1638.

       *       *       *       *       *

1638.—March 5.

30. _Letter from the Council to Marquis of Hamilton._[54]

OUR VERY HONOURABLE GOOD LORD,

We finding the Subjects Fears and Stirs to encrease since the last
Proclamation, did appoint by the Lord Chancellour, and other Lords of
the Clergy, their Special Advice, a solemn Dyet of Council to be kept
at Sterlin, on the first of March, where the Lord Chancellour, and
other Lords of the Clergie, promised to be present to consult upon the
growth of the publick Evils and Remedies thereof, for His Majesties
Honour and Peace of this Country; but having met at Sterlin, we
received a Letter of Excuse from the Lord Chancellour, and were forced
to proceed without him, and the other Lords of the Clergy; where, after
we had spent four days in advising upon the said Evils and Remedies of
them, we resolved in end to direct Sir John Hamilton of Orbiston, one
of our number, with a Letter of Trust from us to His Majesty, to whom
we have imparted our Opinions, and Reasons of the said publick Ills,
and Remedies of the same, to be represented to His Sacred Majesty; and
because the business is so weighty and important, that in our opinion
the Peace of the Country was never in so great hazard, we have thought
fit to recommend the business to your Lordships consideration, that
after your Lordship has heard the Justice-Clerk therein, your Lordship
according to your great interest in His Majesties Honour and Peace of
the Kingdom, may concur by your best advice and assistance at His
Majesties hands to bring these great and fearful Ills to a happy event.
So committing your Lordship to the Grace of God, we rest

Your Lordships very good Friends,

  Traquair
  Roxburgh
  Winton
  Perth
  Wigton
  Kinghorn
  Lauderdale
  Southesk
  Angus
  Lorn
  Down
  Elphinston
  Napier
  J. Hay
  Tho. Hope
  J. Carmichael
  W. Elphinston

  Sterlin March 5. 1638.

       *       *       *       *       *

1638.—March 27.

31. _Demands by the Covenanters given to Traquaire._[55]

First, It is certaine that the present not wrging or present
discharging of the seruice booke, the booke of canons, and off the
last heighe comissione, cannot satisfie our supplications, complaints,
protestatione and cofession, cannot remeed the present eiuills, nor
prewine the lyke in time coming.

2. Experience showeth the necessity, that this kirke must be assured,
by ane acte of free generall assembley, and of ane parliament, that
shoe shall neuer be vrged heirafter with aney alteratione in poyntes of
doctrine, diwyne worschipe, or churche gouerniment, bot that wich shall
be first aggreid wpon in a lawfull and free generall assembly, wich is
order appoynted be God, obserued and præscribed in this churche since
the reformatione, and the principall meine to giue satisfactione to all
mens myndes in matters of religion, as far so as is possible.

3. Pastors and professors can neuer be free of troubles or feares, so
long as the terror of the heigh commission standes ouer ther heades,
wich cannot be limitted, bot quyte discharged.

First, Becausse it was introduced and exercissed, not only with the
lawes of this kirke and kingdome, bot aganist the expresse acte of
bothe.

2. It is [a] courte of ciuile and ecclesiasticke persons, hauing pouer
to inflicte both spirituall and temporall paines, and therfor, being
in the constitutione therof wnlawfull, cannot be qualified with aney
limitations.

3. A commissione for ecclesiasticke persons to inflicte spirituall
censures, cannot proceid from the King, bot from the generall
assembley of the kirke: and a comissione to ciuile persons to inflicke
temporall paines for ecclesiastick causes, cannot proceid bot from the
parliament, at the desyre of the assemblies.

4tly. It subuerteth all other judicatories of this kirke and realme,
and indangereth the liberties, estaites and persons of the quholl
leidges.

4o. The vrginge of the artickeles of Perth, wnder ecclesiasticke and
ciuile paines, hath caussed grate trouble and dissention in the kirk,
made way for all ther subsequent innouations and superstitions, and
zet is nather warranted be the acte of assembley, wich doeth nather
conteine aney penaltie, nor inoyn’d by way of præcept, necessarly to
be obayed, bot by way of counsaile, freelie to be obserued; and that
wpone this ressone, seing all memorey of bygaine superstitione is
past, wich being anima legis, inferreth via contrariorum, by way of
contraries, the necessity of our not obseruing, seing the memorey of
bygaine superstition is now reuiued and pressed, according to the last
claus of the 21 artickell of our large Confession of Faith, ratified
in parliament, and according to our promise in our lait confession;
nather is it zet warranted by the actes of parliament, wich doeth
ratifie the actes of this assembley, without aney desyre from the
kirke; zea, contrarey to the suplications and protestations of maney
godlie and learnid of the ministrie, bot neuer intendit, nor could
change the free voluntarey obseruance in matters ecclesiasticke of ane
churche counsaile, wnto the necessarey obedience of a penall statute,
and therfor the vrging of the Perth artickells must ceasse and desist.

5o. Ther is no appirance of staying the present commotions and
combustions in the kingdome, of satisfieing the Kinges honor and
mynd, misinformed by our aduersaries, nor of cleiring of the subiects
pious loyaltie, in ther legall and peacefull proceidinges, from all
calumnies and misconstructions, accept in a free generall assemblie;
the present archbischopes and bischopes, the authors and causse of all
the innowations compleined vpon, and of all misinformations aganist
the compleiners, be trayed and censsured according to the actes of the
generall assembley; for it is aganist all law and reasone, that they
should be, without dew censure, suffred to reuelle at ther pleasure;
and ther auen acte of the assembley at Glasgow, quherby they haue
ther pouer appoynted them, to be censured in ther lyffe, office and
benefice, by the generall assembly, sick-lyke that ministers be trayed
in ther office and conuersatione, and censured according to the actes
of the assembley.

6o. For keiping the purity of religion in this kirk, and establishing a
firme peace in this kingdome in tyme coming, generall assemblies must
be haldin at the ordinarey tyme, for the commissioners appoynted by
K. James for the assemblie, at Linlithgow, 1606, and wthers acquanted
withe his Maiesties intentions, declaire that his Maiesty was neuer of
ane other mynde, bot that the holding generall assemblies at certane
competent tymes, was and is a most necessarey meine for preseruation
of piety and vnion in the kirke, and for exterminatione of heresie and
schisime, (quhilk our dolefull experience, and innumerable eiuells
follouing wpon vant therof, doeth wndenayablie confirme); and therfor
it was his will, that the acte of parliament should stand in force
for conweinng the generall assembley once in the zeire, lyke as it
was acknouledged in the afforsaid assembly of Glasgow, 1610, that the
necessity of the kirke did craue, that for taking order with the common
enimney, and for other affaires of the kirke, ther be zeirlie generall
assemblies, and therfor that assembley requysted his Maiestie, that
generall assemblies might be haldin once in the zeire, ore at least at
sett tymes, in all tyme coming.

7o. The least can be sought for the present concerning ministers
wotters in parliament, is, that they be limitted by the particular
caueatts aggreid one in the assemblie, 1600, at Montrose, and by
aney other cautions to be made, as the assembley shall thinke meitt
and necessarey, (from oure 37 zeires experience of the fruittes and
consequences thereof,) as it was appointed at that tyme; for so longe
as they wotte in parliament, absolutly without the limitation of ther
cautions, they can neuer be thought to wotte in name of the kirke.

8o. Ther can be no houpe of continuance of religione in the kirke,
(altho wee are deliuered from all other eiuells) except some better
coursse be takin for the free entrey of ministers, without wnlawfull
othes, and with the consent of the presbeteries and of the people;
for this end it wold be remembred, that it was declared, acte 114,
parl. 1592, that God had giuen to the spirituall office bearirs
of the kirke, colatione and depriuatione of ministers, and therfor
the commission granted to bischopes, in Aᵒ 1584, to receaue the
presentatione to benifices, wes declared to be null in all tyme coming;
and it was ordained, that all presentations to benefices be directed
to particular presbeteries in all tyme coming, with full pouer to giue
colatione therwpone, they being the lawfull office bearirs of the
kirke, to quhom God hath giuen that right, wich therfor nather was nor
can be takin from them absolutly, nor giuen to bischopes exclusiue.

       *       *       *       *       *

1638.—March 27.

32. _Letter by the Covenanters to each of the Lords of Privy
Councel._[56]

MAY IT PLEASE YOUR LORDSHIP,

Wee the Ministers of the Gospel, conveened at this so necessarie a
time, doe finde our selves bound to represent, as unto all, so in
speciall unto your Lordship, what comfortable experience we have of
the wonderfull favour of God, upon the renewing of the Confession of
faith and Covenant, what peace and comfort hath filled the hearts of
all Gods people, what resolutions and beginnings of reformation of
manners are sensibly perceived in all parts of the kingdome, above
any measure that ever we did finde or could have expected, how great
glorie the Lord hath received thereby, and what confidence we have (if
this sunshine be not eclipsed by some sinfull division or defection)
that God shall make this a blessed kingdome, to the contentment of the
Kings Majestie, and joy of all his good subjects, according as God hath
promised in his good Word, and performed to his people in former times;
And therefore we are forced from our hearts both to wish and entreat
your Lordship to be partaker and promover of this joy and happinesse by
your subscription, when your Lordship shall thinke it convenient: And
in the meane while, that your Lordship would not be sparing to give a
free testimonie to the truth, as a timely and necessarie expressione
of your tender affection to the cause of Christ now calling for helpe
at your hands: your Lordships profession of the true Religion as it
was reformed in this land, the nationall oath of this kingdome sundry
times sworne and subscribed, ablishing us who live at this time, the
dutie of a good Patriot, the office and trust of a Privie Councellour,
the present employment to have place amongst those that are first
acquainted with his Majesties pleasure, the consideration that there is
the time of tryall of your Lordships affection to Religion, the respect
which your Lordship hath unto your fame both now and hereafter, when
things shall be recorded to posteritie, and the remembrance, that not
onely the eyes of men and Angels are upon your Lordships carriage, but
also that the Lord Jesus is a secret witnesse now to observe, and shall
be an open Judge hereafter to reward and confesse everie man before
his Father, that confesseth him before men: All of these and each of
them, besides your Lordships personall and particular obligations to
God, doe call for no lesse at your Lordships hands, in the cause of so
great and singular necessitie; and we also doe expect so much at this
time, according as your Lordship at the houre of death would be free of
the terrour of God, and be refreshed with the comfortable remembrance
of a word spoken in season for Christ Jesus, King of Kings and Lord of
Lords.

1638.—April 28.

33. _Articles for the present Peace of the Kirk and Kingdom of
Scotland, signed by Rothes, Cassils, and Montrose._[57]

If the Question were about such matters as did come within the compass
of our own power, we would be ashamed to be importunate, and should
be very easily satisfied without the smallest trouble to any; but
considering that they are the matters of Gods honour, of the Kingdom of
Christ, and the peace of our Souls, against the Mystery of Iniquity,
which we clearly perceive to have been uncessantly working in this
Land since the Reformation, to the ruine of true Religion in the end;
it cannot stand with our duty to God, to our King, to our Selves and
Posterity, to crave or be content with less, than that which the word
of God, and our Confession of Faith doth allow, and which may against
our Fears establish Religion afterwards.

I. The discharging of the Service-Book, the Book of Canons, and of the
late High Commission, may be a part of the satisfaction of our humble
Supplications, and just Complaints, which therefore we still humbly
desire; but that can neither be a perfect Cure of our present Evils,
nor can it be a preservative in time to come.

II. When it is considered what have been the Troubles and Fears of
his Majesties most loyall Subjects from the High Commission, what is
the nature and constitution of that Judicatory, how prejudicial it
proves to the lawful Judicatories of the Kirk and Kingdom, how far it
endangers the Consciences, Liberties, Estates and Persons of all the
Lieges, and how easily, and far more contentedly all the Subjects may
be keeped in order, and obedience to His Majesties just Laws, without
any terrour of that kind; we look that his Majesties Subjects, who have
been used to obey according to the Laws, shall be altogether delivered
from the High Commission, as from a yoke and burden, which they feel
and fear to be more heavy than they shall be ever able to bear.

III. Remembring by what wayes the Articles of Perth were introduced,
how strangely and with what opposition they were carried in the
Assembly, upon what Narrative they were concluded, how the Ratification
in Parliament was not desired by the Kirk, but earnestly supplicated
and protested against, how they have been introductory of the
Service-Book, whereof now they are become Members, and in their nature
make way for Popery, (whatsoever hath been the intentions of the
Urgers;) and withall, what Troubles and Divisions they have caused
these twenty years in this Kirk and Kingdom, and what Jealousies
between the Kings Majesty and His Subjects, without any Spiritual
profit or edification at all; as we can see no reason why they should
be urged by Authority, so can we not find, but we shall be more unable
to digest them than in the beginning, when we had not as yet tasted,
and known how bitter and unwholsome they were.

IV. The Judgements of the best Divines of the Reformed Kirks, and
of the most Pious and Learned of this Kirk since the Reformation,
concerning the Civil Places and Offices of Kirkmen, and concerning
the Vote of Ministers in Parliament, have been made known in divers
generall Assemblies; which moved the Assemblies of this Kirk, when they
could not by their modest opposition prevail to limit the Ministers
that were to Vote in Parliament, by any particular Cautions agreed
upon at first, and ordained to be inserted in the Act of Parliament,
and by other Cautions to be made afterward, as the Assembly should
find meet and necessary; and, therefore, if we will declare our minds,
after lamentable experiences of the Evils which were then foreseen,
feared, and foretold, we cannot see how Ministers voting in Parliament,
absolutely without the limitation of these Cautions, can be thought fit
to Vote in the name of the Kirk.

V. We have no Grievance more universal, more ordinary, and more
pressing, than that worthy men, who have Testimonies of their Learning
from Universities, and are tried by the Presbyteries to be qualified
for the Work of the Ministery, and for their Life and Gifts earnestly
desired by the whole People, are notwithstanding rejected because they
cannot be persuaded to Subscribe and Swear such unlawful Articles and
Oaths, as have neither warrant of the Acts of the Kirk, nor Laws of
the Kingdom, and others of less worth, and ready to swear for base
respects, unworthy to be mentioned, are obtruded upon the People,
and admitted to the most eminent Places of the Kirk, and Schools of
Divinity, which causes continual Complaints, makes the People run from
their own Kirks, refuse to receive the Sacrament at the hands of the
Ministers set over them against their hearts, or to render them that
Honour which is due from the People to their Pastors, and is a mighty
hindrance to the Gospel, to the Souls of the People, and to the Peace
of the whole Kirk and Kingdom; all which might be easily helped, by
giving place to the 114 Act of Parliament, 1592, declaring, That God
hath given to the Spiritual Office-bearers of the Kirk Collation and
Deprivation of Ministers, and ordaining that all Presentations to
Benefices be directed to particular Presbyteries in all time coming,
with full power to give Collation thereupon, they being the lawful
Office-bearers of the Kirk, to whom God hath given that right; which
therefore, never was nor can be taken from them, and so conferred upon
others, at that they shall be quite secluded therefrom.

VI. The lawful and free National Assemblies of this Kirk, warranted
by Divine Authority, ratified by Acts of Parliament, keeped in
other Reformed Kirks, and in this Kirk since the Reformation, and
acknowledged by King James to be the most necessary means for
preservation of Piety and Union, and for extermination of Heresie
and Schism, (who willed, therefore, that the Act of Parliament for
convening the General Assemblies once in the year should stand in
force;) if they were revived, and by His Majesties Authority appointed
to be keeped at the ordinary times, and if one at His Majesties first
opportunity, and so soon as may be conveniently, should be indicted,
Kirkmen might be tried in their Life, Office, or Benefice, and keeped
in order without trouble to His Majesty, and without offence to the
People, the present Evils might be speedily helped, to His Majesties
great honour and content, and to the preservation of the Peace of
the Kirk, and these courses might be stopped afterwards: and on the
contrary, while Kirkmen escape their due Censure, and matters of the
Worship of God are imposed without the consent of the free Assemblies
of the Kirk, they will ever be suspected to be unsound and corrupt,
as shunning to be tried by the Light, to the continual entertaining
of heart-burnings amongst the People, and to the hindrance of that
cheerfulness of obedience which is due, and from our Hearts we wish may
be rendred to the Kings Majesty.

VII. If according to the Law of Nature and Nations, to the Custom
of all other Kingdoms, and the laudable example of His Majesties
worthy Progenitors, in the like cases of National Grievances, or of
Commotions and Fears of a whole body of a Kingdom, his Majesty should
be graciously pleased to call a Parliament, for the timeous hearing
and redressing of the just Grievances of the Subjects, for removing
of their common Fears, and for renewing and establishing such Laws,
as in time coming may prevent the one and the other, and may serve to
the good of the Kirk and the Kingdom, that the Peace of both might
be firmly settled, and mens minds now so awakened might be easily
pacified; and all our Tongues and Pens are not able to represent, what
would be the joyful Acclamations and hearty Wishes of so loyal and
loving a People, for His Majesties Happiness, and how heartily bent
all sorts would be found to bestow their Fortunes and Lives in His
Majesties Service.

VIII. The more particular Notes of all things expedient for the well
of the Kirk and Kingdom, for His Majesties honour and satisfaction,
and for extinguishing of the present Combustion, may be given in to be
considered in the Assembly and Parliament.

       *       *       *       *       *

1638.—April 28.

34. _Articles of Information to Mr Andrew Learmonth, for my Lord
Archbishop of Saint Andrews, the Bishop of Ross, &c. and in their
absence, for my Lord Archbishop of Canterbury his Grace._[58]

I. You shall show their Lordships, How they have changed the Moderator
of the Presbytery of Edinburgh, and are going on in changing all the
Moderators in the Kingdom.

II. How they have abused Doctor Ogstone the ninth of May in Edinburgh,
Mr George Hannay at Torphichen the sixth of May, Doctor Lamond at
Markinch the ninth of May, Mr Robert Edward at Kirkmichael, whom
Kilkerrin is forced to entertain at his own House.

III. That the Presbytery of Haddingtown have given Imposition of Hands
to Mr John Ker’s Son, to be his Collegue, without the knowledge of the
Bishop; and likewise the Presbytery of Kircaldy to Mr John Gillespy’s
Son, to the Church of the Weemes; and the Presbytery of Dumfrice,
to one Mr John Wier, to the Church of Morton within two miles of
Drumlanerick; and that they of Dumfermline have admitted Mr Samuel Row
(a Minister banished from Ireland) to be helper to Mr Henry Mackgill;
and they of Air Mr Robert Blair, to be helper to Mr William Annand; and
that the Town of Dumfrice have made choice of Mr James Hamilton to be
their Minister; and the Town of Kirkudbright one Mr John Macklennan,
all of them banished from Ireland; and Mr Samuel Rutherford is returned
and settled in his Place; and they intend to depose Mr John Trotter,
Minister of Dirleuton; and how they intended to use the Regents.

IV. That the Council of Edinburgh have made choice of Mr Alexander
Henderson to be helper to Mr Andrew Ramsay, and intend to admit him
without advice or consent of the Bishop.

V. That the Ministers of Edinburgh, who have not subscribed the
Covenant, are daily reviled and cursed to their Faces, and their
Stipends are withheld and not payed; and that all Ministers who have
not subscribed are in the same case and condition with them.

VI. That they hound out rascally Commons on men who have not
subscribed the Covenant, as Mr Samuel Cockburn did one John Shaw at
Leith.

VII. That His Majesty would be pleased by his Letters, to discharge
the Bishop of Edinburgh to pay any Prebend-fee, to those who have
subscribed the Covenant; as also by His Royal Letters to discharge the
Lords of Session, to grant any Process against the Bishop for their
Fees.

VIII. That His Majesty would be pleased in the Articles of Agreement
with the Nobility, to see honest men, who shall happen in this
tumultuous time to be deposed from their Places, restored and settled
in them, and others that are violently thrust in, removed; and that the
wrongs done to them be repaired.

IX. That if it shall happen his Majesty to take any violent course for
repressing these Tumults and Disorders, (which God forbid) that in that
case their Lordships would be pleased to supplicate His Majesty, that
some speedy course may be taken for securing of the persons of these
honest men, who stand for God and His Majesty.

  Signed,
  Da. Edin.       Ja. Hannay.
  Ja. Dumblanen.  Da. Michell.
  Ja. Lismoren.   Da. Fletcher.

       *       *       *       *       *

1638.—May 16.

35. _Proclamation by the King._[59]

CHARLES R.

Charles by the Grace of God King of Scotland, England, France, and
Ireland, Defender of the Faith, to our Lovits, our Sheriffs in that
part, conjunctly and severally, specially constitute, Greeting.

Forsamiekle as We are not ignorant of the great Disorders which
have happened of late within this Our ancient Kingdom of Scotland,
occasioned (as is pretended) upon the introduction of the Service-book,
Book of Canons, and High Commission, thereby fearing Innovations of
Religion and Laws; for satisfaction of which Fears We well hoped, that
the two Proclamations of the eleventh of December, and nineteenth
of February, had been abundantly sufficient: nevertheless finding,
that Disorders have daily so increased, that a powerful rather than
a persuasive way might have been justly expected from Us; yet We,
out of Our innate Indulgence to Our People, grieving to see them run
themselves so headlong into Ruine, are graciously pleased to try if
by a fair way We can reclaim them from their faults, rather than let
them perish in the same. And therefore once for all, We have thought
fit to declare, and hereby to assure all Our good People, that We
neither are, were, nor (by the Grace of God) ever shall be stained
with Popish Superstition, but by the contrary are resolved to maintain
the true Protestant Christian Religion, already professed within this
Our ancient Kingdom. And for further clearing of Scruples, We do
hereby assure all men that We will neither now nor hereafter press the
practice of the aforesaid Canons and Service-book, or any thing of that
nature, but in such a fair and legal way as shall satisfie all Our
loving Subjects, that we neither intend Innovation in Religion or Laws;
and for the High Commission, We shall so rectifie it, with the help
of advice of Our Privy Council that it shall never impugn the Laws,
nor be a just Grievance to Our Loyal Subjects. And as hereby it may
appear how careful We are to satisfie the foresaid Fears (how needless
soever) of our good Subjects[*]. So We do hold Our Selves
obliged both in Conscience and Honour, to hinder the course of that
which may prejudge that Royal Authority, which God has endued Us with;
wherefore, understanding that many of our Subjects have run themselves
into seditious and undutiful courses, and willing to reduce them rather
by a benign, than forcible mean (because We hope that most of them are
drawn thereto, blindly out of fear of Innovations) are content hereby
to declare, and promise upon the Word of a King to pardon what is past,
and not to take notice of the by-gone faults, no not so much as of
those factious and seditious Bonds, upon condition that they seek to
Our Mercy by disclaiming the same, and in testification of the true
sense of their Misdemeanours, that they deliver up, or continue with
their best endeavours to procure the delivering up, of the said Bonds
into the hands of Our Council, or such as Our Council shall appoint:
Declaring always, likeas We by these presents do declare, all these
to be esteemed and reputed as Traitors in all time coming, that shall
not renounce and disclaim the said Bond or Bonds, within _____________
after the publication hereof; that is to say, Whosoever will from
henceforth be thought a good Subject, and capable of Our Mercy, must
either deliver up the same, in case he have it, or concur with his best
endeavours to the delivering up thereof, or at least must come to some
of Our Privy Council, or chief Officers in Burgh or Land, and testifie
to him, that he renounces and disclaims the said Bonds. Our Will is
therefore, and We charge you straitly and command, that incontinent
this Our Letter seen, &c.      C. R.


The other Proclamation penned by the Marquis agrees with the former,
to the place that is marked [*]; after which it
follows thus.

So We expect that their behaviour will be such, as may give testimony
of their Obedience, and how sensible they are of Our Grace and Favour,
that thus pass over their Misdemeanours, and by their future carriage
make appear, it was onely the fear of Innovations that caused those
Disorders that have happened of late in this Our Kingdom, which
now cannot but by this Our Declaration be removed from the hearts
of Our loving Subjects: but on the contrary, if we find not this
performed with that chearfulness and alacrity that becomes good and
obedient Subjects, We declare and hold Our Self obliged in Honour and
Conscience, to make use of those forcible means which God hath armed
Royal Authority with, for the curbing of disobedient and stubborn
People. Our Will therefore is, and we charge you, &c.      C. R.

       *       *       *       *       *


1638.—May 16.

36. _Declaration approved of by the King._[60]

Whereas we were in hope by Our late Proclamations to have given
satisfaction to Our People, and to have removed their Mistakings of
the Book of Common-prayer, which We caused to be published, having
thereby declared, that it never entered into Our thoughts to make any
Innovation in Religion and Form of Gods Worship, nay, not to press
the said Books upon any of Our Subjects, till by a fair way they
were induced to approve the same; yet having understood, that to the
contrary (by what means We know not) occasions have been taken to
confirm them in their former Mistakings, and to bind them by Oaths
and Subscriptions against the Laws established by Our dear Father of
blessed memory, and ratified by Our Selves since Our coming to the
Crown: howsoever there is in that more than just cause offered to take
punishment of such an open Contempt and Rebellion, yet considering
that this is not the fault of the simple sort and multitude of People,
who have been seduced through specious pretexts, as if nothing were
contained in the said Bond or Covenant, as they call it, but the
promoting of Gods Glory, the maintaining of Our Honour, and Liberty
of the Country, with the preserving of Unity among themselves, We no
way willing to use Our people with rigour, or to enquire severely
into their errors of that kind, have thought meet to renew Our former
Declaration, by assuring them, and every one of them, that Our constant
Resolution is, and hath been, to maintain the true Religion professed
and established by the Laws of that Our Kingdom, without any Change
or Innovation, at the hazard of Our Life and Crown, and that We will
not force on Our Subjects either the said Book of Common-prayer, or
Book of Canons, till the same be duly examined, and they in their
Judgments, satisfied with the legality thereof; nor will We permit the
exercise of any Commission upon them, for whatsoever cause, which may
give unto them any just cause of Grief and Complaint. Willing therefore
and requiring all Our People and Subjects to acquiesce to this Our
Declaration, and not suffer themselves to be misled by the private or
publick Informations of turbulent spirits, as if We did intend any
thing contrary to this Our Profession, having always esteemed it a
special point of Royal Dignity, to profess what We intend to doe, and
to perform what We do promise; certifying all Our good Subjects, who
shall hereupon rest quiet in obedience of God and Us, that We will
faithfully perform whatsoever We have declared, whether in this or
in Our former Proclamations made to that purpose, and be unto them a
good and merciful King: as on the other side, if any shall hereafter
make business, and disturb the Peace of that Church and Kingdom, by
following their private Covenants, and refusing to be ruled by the
Laws established, that We will use the Force and Power, which God hath
put into Our hands, for compescing and subduing such mutinous and
disobedient Rebels. Given at Our Palace of

       *       *       *       *       *

1638.—May 16.

37. _Queries by Hamilton, and Answers by the King._[61]

  Queries whereunto Your Majesties Direction and Resolution is humbly
  prayed, that accordingly I may govern my self, and be warranted for
  my Proceedings.

  1. If, before the publishing of the Declaration some of the chiefest
  of the Petitioners may not be prepared, and laboured to conceive
  aright of the same, and in general acquainted with Your Majesties
  gracious Intentions?

  _They may._

  2. Where the first meeting of the Council shall be?

  _Where you shall find most convenient, the City of Edinburgh only
  excepted._

  3. If your Majesty will not permit the Council to sit, where, and in
  such places as is conceived may tend most for the advancement of your
  Service?

  _Yes._

  4. If the Declaration shall not be read to the Council, and they
  required to sign the same?

  _By all means._

  5. If we shall not all swear to give our best assistance for the
  putting the same in due execution?

  _Yes._

  6. If any Councellour refuse to doe it, what course shall be taken
  with him?

  _Dismiss him the Council._

  7. If Acts of Council are not to be made, finding that this
  Declaration ought to free us of the fears of Innovations either of
  Religion or Laws?

  8. If all Councellours are not to be warned to give their attendance
  till the business be settled?

  _Yes._

  9. If upon the publication of this Declaration there be Protestations
  made, what course shall be taken?

  _The Protesters must be proclaimed Rebels._

  10. If no Protestations but Petitions of new be presented, either
  demanding further satisfaction, or adhering to their former, what
  Answer shall be made, or what course taken?

  _Ut supra._

  11. If they remain still in a Body at Edinburgh or elsewhere, after
  the Declaration, what course shall be taken?

  _You must raise what Force you may to treat them as Rebels._

  12. If they should petition against the High Commission itself, as
  not to be introduced without an Act of Parliament, what Answer shall
  be given?

  _That they must be content with My Declaration in that point._

  13. If against the matter contained therein, it is then desired that
  those particulars may be expressed that will not be yielded to?

  _The settling thereof according to My Declaration will answer this._

  14. If it be pressed that what is now concluded, concerning the High
  Commission be ratified in the next Parliament, what Answer shall be
  given?

  _If I may be sure that a Parliament will doe it, I shall be content._

  15. If they Petition for a Convention, what Answer shall be given?

  _No Petition must be admitted till the Bond_[62] _be broken; if after,
  you may grant it, leaving the time to Me._

  16. If they petition for a General Assembly, that it may be once in
  the year, what Answer shall be given?

  _I will not be tied, but as I shall find cause._

  17. If they petition that the Ministers Oath may be no other than
  that which the Act of Parliament doth order them to take, what Answer
  shall be given?

  _I and the Bishops will consider of it._

  18. If they petition that the five Articles of Perth may be held as
  indifferent, what Answer shall be given?

  _I will hear of no Petition against an Act of Parliament._

  19. If the Town of Edinburgh may not be dealt with apart to petition
  for Your Majesties Favour, and if they desire that the Council,
  Exchequer, and Session may be returned them, what Answer shall be
  given?

  _Upon their full submission, and renouncing of the Bond, they may
  have their desires._

  20. If the like course may not be taken with some other principal
  Burghs?

  _As before._

  21. If to gain some leading men from the Party, marks of Your
  Majesties Favour may not be hoped for?

  _To some, I; to some, No._

  22. If particular men desire either Acts of Council, or Pardons under
  the Great Seal, what shall be done?

  _Grant their desires._

  23. What Service shall be used in the Chappel Royal?

  _The English._

  24. If the Lords of Council and Session, shall at that time be
  pressed to receive Kneeling?

  _This is no time for a Communion, but when there is they must kneel._

  25. If thought fit, what shall be done to them that refuse?

  _Advise of it._

  26. If all Acts of Council, that have injoyned the use of the
  Service-Book, Book of Canons, are not to be suspended, and declared
  of no force in time coming?

  _Yes._

  27. How far Your Majesty will warrant me to declare Your Pleasure
  to the Lords of the Clergy, concerning their living within their
  Diocesses?

  _I shall do it My Self, but you may tell any of it._

  28. How far I may declare Your willingness to give ear to and receive
  the private Complaints of Your Subjects in general, and in particular
  against any of the Bishops?

  _Refuse none._

  29. If those Ministers (who have been by the Multitude displaced) are
  not again to be established?

  _They must._

  30. If in the Abbey-Church the use of the Organs shall be presently
  enjoyned?

  _Yes._

  31. If those Ministers formerly silenced may not for a time be
  connived at, and permitted to preach?

  _If they preach not Sedition._

  32. If your Majesty aim at more for the present, than establishing
  the Peace of the Country?

  _No more for the present._

  33. If more, it is humbly desired, Your Majesty may be pleased to
  express it?

  _When time shall be fit._

  In execution of all which, or what else Your Majesty shall think fit
  to command, it is most humbly desired, that I may be so warranted,
  that the labouring to put them in execution may not turn to my Ruine,
  nor hazard the losing of Your Majesties Favour, dearer to me than
  life?

  _You shall._

       *       *       *       *       *


1638.—May 16.

38. _Instructions by the King to Hamilton._[63]

CHARLES R.

I. Before you publish the Declaration which We have signed, you shall
require all the Council to sign it, and if you find that it may conduce
to Our Service, you shall make all the Council swear to give their
best assistance in the execution of the same: but this of putting them
to their Oaths, We leave to your discretion, to doe as you shall find
occasion; but if you shall find it fit to put them to their Oaths,
those that refuse must be dismissed the Council till Our further
Pleasure be known.

II. We give you Power to cause the Council to sir in whatsoever place
you shall find most convenient for Our Service, Edinburgh onely
excepted, and to change the Meeting thereof as often as occasion shall
require.

III. You may labour to prepare any of the refractory persons to
conceive aright of Our Declaration before it be published, so that it
be privately and underhand.

IV. You are to get an Act of Council to pass, to declare, that this
Declaration of Ours ought to free all honest Subjects from the fears
of Innovations of Religion or Laws: but this you are not to propose
publickly except you be sure to carry it.

V. If any Protestation be made against Our Declaration, the Protesters
must be reputed Rebels, and you are to labour to apprehend the chiefest
of them.

VI. If Petitions be presented to demand further satisfaction than that
We have already given by Our Declaration, you are to receive them,
and to give them a bold Negative, both in respect of the Matter and
the Form, as being presented from a Body which you are no ways to
acknowledge.

VII. If it should be objected against the High Commission, that it
ought not to be introduced but by Act of Parliament: your Answer must
be, that We found it left Vs by Our Father, and therefore We meane to
continue it, having first regulated it in such a way that it shall be
no just Grievance to Our Subjects, or against Our Laws: and when there
is a Parliament, We shall be content that it be ratified as We shall
now rectifie it.

VIII. If after the limited time in Our Declaration a Body remain
at Edinburgh, or elsewhere, you must raise what Force you can to
dissipate, and bring them under Our Obedience.

IX. As soon as the Peace of the Country will permit, you are to call
a General Assembly for settling of a constant and decent way for Gods
Worship; We having resolved to call them, or to permit them to be
as often as occasion shall require; We likewise intending to have a
Parliament, to ratifie what shall be condescended on at the Assembly.

X. You may say, the Bishops shall impose no other Oath upon Ministers
at their Admission, but what is warranted by Act of Parliament.

XI. You are to give direction that the same Service be used in Our
Chapel Royal, that was before the enjoyning of the Service-book.

XII. You must admit of no Petition against the 5 Articles of Perth, but
for the present you are not to press the exact execution of them.

XIII. Whenever the Town of Edinburgh shall depart from the Covenant,
and petition for Our Favour, We will that you bring back the Council
and Session to it.

XIV. You shall deny no Pardons nor Acts of Council to any particular
persons that shall desire the same for their security.

XV. Some marks of Favour We may be moved to give to particular persons
that may deserve the same.

XVI. All Acts of Council that enjoyn the use of the new Service-book
are to be suspended, and to be of no force hereafter.

XVII. You shall declare Our pleasure to Our two Archbishops, (as soon
as the Country is anyway settled) that it is Our Pleasure, that every
Bishop shall live within his own Diocess, except upon his own urgent
occasions, or that he be commanded from Us, or the Council, to attend
there for Our Service, which I intend as seldom as may be.

XVIII. You shall refuse Complaints against no man in particular,
whether Officers of State, Councellours, or Bishops, so that it be
against their Persons and not their Places.

XIX. All those Ministers who have been displaced by the seditious
multitude, are to be (so soon as conveniently may be) repossessed
again as they were.

XX. As for silenced Ministers, you may connive at their Preaching, if
you find it may tend to the quieting of the Country.

XXI. For the Organs in the Abby-Church, We leave them to your
discretion when to be used, and to advertise Me of your opinion.

XXII. You are to cause insert 6 weeks in Our Declaration for the
delivery up of the Covenant, and if you find cause, less.

XXIII. You shall declare, that if there be not sufficient Strength
within the Kingdom to force the refractory to Obedience, Power shall
come from England, and that My Self will come in Person with them,
being resolved to hazard My Life rather than to suffer Authority to be
contemned.

XXIV. If you shall find cause, you are to raise a Guard of 200 or more,
to attend Our Council.

XXV. You may treat with the Earl of Marr for the keeping of our Castles
of Edinburgh and Sterlin, and for the present he must be charged with
their safe Custody.

XXVI. You shall take seriously into consideration the Copper-coyn, and
declare Our willingness to remedy the Evils that have risen thereby; or
what else the Subjects may justly complain of.

XXVII. You may declare, that as We never intended to assume the
Nominating the Provost of Our Town of Edinburgh, so We mean not by Our
too frequent Letters to hinder the free Election of their own Officers.

XXVIII. You may likewise declare, (if you find cause) that as We never
did, so by Gods Grace We never will stop the course of Justice by any
private directions of Ours; but will leave Our Lords of Session, and
other Judges, to administer Justice, as they will be answerable to God
and Us.

If you cannot by the means prescribed by Us bring back the refractory
and seditious to due Obedience, We do not onely give you Authority,
but command all hostile Acts whatsoever to be used against them, they
having deserved to be used no other way by Us, but as a Rebellious
People; for the doing whereof We will not onely save you harmless, but
account it as acceptable Service done Us.

Such of these Instructions, as you shall find cause, We give you leave
to divulge and make use of as you find Our Service shall require.

  C. R.
  At Whitehall the
  16th May, 1638.

       *       *       *       *       *


1638.—May 20.

39. _Commission to Hamilton as Commissioner to Scotland._[64]

Carolus Dei gratiâ Magnæ Britanniæ, Franciæ, & Hiberniæ, Rex,
fideique Defensor: Omnibus probis hominibus suis ad quos præsentes
literæ pervenerint, Salutem. Sciatis nos considerantes magnos in
hoc regno nostro Scotiæ non ita pridem exortos tumultus, ad quos
quidem componendos, multiplices regiæ nostræ voluntatis declarationes
promulgavimus, quæ tamen minorem spe nostrâ effectum hactenus sortitæ
sunt; Et nunc statuentes, ex pio erga dictum antiquum regnum nostrum
affectum, ut omnia gratiosè stabiliantur & instaurentur, quod (per
absentiam nostram) non aliâ ratione commodius effici potest, quâm
fideli aliquo Delegato constituto, cui potestatem credere possumus
tumultus ejusmodi consopiendi, aliaque officia præstandi, quæ in
bonum & commodum dicti antiqui regni nostri eidem Delegato nostro
imperare nobis videbitur: Cumque satis compertum habeamus obsequium,
diligentiam, & fidem prædilecti nostri consanguinei & consiliarii
Jacobi Marchionis Hamiltonii, Comitis Arraniæ & Cantabrigiæ, Domini
Aven & Innerdail, &c. eundemque ad imperata nostra exequenda
sufficientèr instructum esse: Ideircò fecisse & constituisse,
tenoreque præsentium facere & constituere præfatum prædilectum nostrum
consanguineum & consiliarium Jacobum Marchionem de Hamiltoun, &c.
nostrum Commissionarium ad effectum subscriptum: Cum potestate dicto
Jacobo Marchioni de Hamiltoun, &c. dictum regnum nostrum adeundi,
ibidemque præfatos tumultus in dicto regno componendi, aliaque officia
à nobis eidem committenda in dicti regni nostri bonum & commodum ibi
præstandi: Eoque Concilium nostrum quibus locis & temporibus ei visum
fuerit convocandi, ac rationem & ordinem in præmissis exequendis
servandum declarandi & præscribendi: Et quæcunque alia ad commissionis
hujus capita pro commissa ipsi fide exequenda, eandemque ad absolutum
finem perducendam & prosequendam conferre possunt tam in Concilio quâm
extra Concilium nostro nomine efficiendi & præstandi; Idque similiter
& adeò liberè acsi Nos in sacrosancta nostra persona ibidem adessemus.
Et hac præsenti nostrâ commissione durante nostro beneplacito duratura
ac semper & donec eadem per nos expressè inhibeatur. In cujus rei
testimonium præsentibus magnum sigillum nostrum apponi præcepimus.
Apud castrum nostrum de Windsore vigesimo die mensis Maii anno Domini
millesimo sexcentesimo trigesimo octavo, Et anno regni nostri decimo
quarto.

Per signaturam manu S. D. N. Regis suprascriptam.

       *       *       *       *       *

1638.—June 11.

40. _Letter from the King to Hamilton._[65]

HAMILTON,

Though I answered not yours of the fourth, yet I assure you that I have
not been idle, so that I hope by the next week I shall send you some
good assurance of the advancing of our Preparations. This say not to
make you precipitate any thing, (for I like of all you have hitherto
done, and even of that which I find you mind to doe;) but to shew you
that I mean to stick to my Grounds, and that I expect not any thing can
reduce that People to their Obedience, but onely force. I thank you
for the clearness of your Advertisements, of all which none troubles
me so much, as (that in a manner) they have possessed themselves of
the Castle of Edinburgh; and likewise I hold Sterlin as good as lost.
As for the dividing of my Declaration, I find it most fit (in that way
you have resolved it;) to which I shall adde, that I am content to
forbear the latter part thereof, until you hear my fleet hath set sail
for Scotland. In the mean time your care must be how to dissolve the
Multitude, and (if it be possible) to possess your self of my Castles
of Edinburgh and Sterlin, (which I do not expect.) And to this end
I give you leave to flatter them with what hopes you please, so you
engage not me against my Grounds, (and in particular that you consent
neither to the calling of Parliament nor General Assembly, untill the
Covenant be disavowed and given up;) your chief end being now to win
time, that they may not commit publick Follies untill I be ready to
suppress them: and since it is (as you well observe) my own People,
which by this means will be for a time ruined, so that the loss must
be inevitably mine; and this if I could eschew, (were it not with a
greater) were well. But when I consider, that not onely now my Crown,
but my Reputation for ever, lies at stake, I must rather suffer the
first, that Time will help, than this last, which is irreparable. This
I have written to no other end, than to shew you I will rather die than
yield to those impertinent and damnable Demands, (as you rightly call
them;) for it is all one as to yield to be no King in a very short
time. So wishing you better success than I can expect, I rest

  Your assured constant Friend,
  CHARLES R.
  Greenwich, 11 June, 1638.

POSTSCRIPT.—As the Affairs are now, I do not expect that you should
declare the Adherers to the Covenant Traitors, until (as I have already
said) you have heard from me that my Fleet hath set sail for Scotland,
though your six weeks should be elapsed. In a word, gain time by all
the honest means you can, without forsaking your Grounds.

       *       *       *       *       *

1638.—June 13.

41. _Letter by the King to Hamilton._[66]

HAMILTON,

The dealing with Multitudes makes diversity of Advertisement no way
strange, and certainly the alteration from worse to less ill cannot be
displeasing; wherefore you may be confident, I cannot but approve your
Proceedings hitherto, for certainly you have gained a very considerable
point, in making the heady Multitude begin to disperse, without having
engaged me in any unfitting thing. I shall take your advice in staying
the publick Preparations for Force; but in a silent way (by your
leave) I will not leave to prepare, that I may be ready upon the least
advertisement. Now I hope there may be a possibility of securing my
Castles, but I confess it must be done closely and cunningly. One of
the chief things you are to labour now, is to get a considerable number
of Sessioners and Advocates, to give their opinion that the Covenant is
at least against Law, if not treasonable. Thus you have my Approbation
in several shapes, therefore you need not doubt but that I am

  Your assured constant Friend,
  CHARLES R.
  Theobalds, 13 Jun. 1638.

       *       *       *       *       *

1638.—June 13.

42. _Draft of Explanations of Covenant proposed by Spottiswood._[67]

We the Noblemen, Barons, Burgesses, Ministers, and others, that have
joyned in a late Bond or Covenant for the maintaining of true Religion
and purity of Gods Worship in this Kingdom, having understood that
Our Sovereign Lord the Kings Majesty is with this our doing highly
offended, as if we thereby had usurped his Majesties Authority, and
shaken off all Obedience to His Majesty and to His Laws; for clearing
ourselves of that imputation do hereby declare, and in the presence
of God Almighty solemnly protest, that it did never so much as enter
into our thoughts, to derogate any thing from his Majesties Power and
Authority Royal, or to disobey and rebell against His Majesties Laws,
and that all our proceedings hitherto by Petitioning, Protesting,
Covenanting, and whatsoever other way, was and is onely for the
maintaining of true Religion by us professed, and with express
reservation of our Obedience to His most Sacred Majesty; most humbly
beseeching His Majesty so to esteem and accept of us, that he will be
graciously pleased to call a National Assembly and Parliament, for
removing the Fears we have not without cause (as we think) conceived of
introducing in this Church another form of Worship than what we have
been accustomed with, as likewise for satisfying our just Grievances,
and the settling of a constant and solid Order to be kept in all time
coming, as well in the Civil and Ecclesiastical Government; which
if we shall by the intercession of Your Grace obtain, we faithfully
promise, (according to our bounden duties) to continue in His Majesties
Obedience, and at our utmost powers to procure the same during our
Lives, and for the same to rest and remain

Your Graces obliged Servants, &c.

       *       *       *       *       *

1638.—June 20.

43. _Letter by the King to Hamilton._[68]

HAMILTON,

I do not wonder, though I am very sorry for your last Dispatch, to
which I shall answer nothing concerning what you have done, or mean
to doe, because I have approved all, and still desire you to believe
I do so, untill I shall contradict it with my own Hand. What now I
write is, first to shew you in what Estate I am, and then to have
your Advice in some things. My Train of Artillery consisting of 40
Peece of Ordnance (with the appurtenances) all Drakes, (half and more
of which are to be drawn with one or two Horses apiece) is in good
forwardness, and I hope will be ready within six weeks; for I am sure
there wants neither Money, nor Materials to doe it with. I have taken
as good order as I can for the present, for securing of Carlisle and
Berwick; but of this you shall have more certainty by my next. I have
sent for Arms to Holland, for 14000 Foot and 2000 Horse: for my Ships
they are ready, and I have given Order to send three for the Coast of
Ireland immediately, under pretence to defend our Fishermen. Last of
all, which is indeed most of all, I have consulted with the Treasurer
and Chancellour of the Exchequer, for Money for this years Expedition,
which I estimate at two hundred thousand pounds Sterlin, which they
doubt not but to furnish me; more I have done, but these are the
chief heads. Now for your Advice, I desire to know whether you think
it fit that I should send six thousand Land-men with the Fleet that
goes to the Frith, or not; for since you cannot secure me my Castle
of Edinburgh, it is a question whether you can secure the landing of
those men, and if with them you can make your self Master of Leith, to
fortifie and keep it: of this I desire you to send me your Resolution
with all speed. I leave it to your consideration, whether you will
not think it fit to see if you can make all the Guns of the Castle of
Edinburgh unserviceable for any body, since they cannot be useful for
me. Thus you may see, that I intend not to yield to the Demands of
those Traitors the Covenanters, who I think will declare themselves so
by their Actions, before I shall doe it by my Proclamation; which I
shall not be sorry for, so that it be without the personal hurt of you,
or any other of my honest Servants, or the taking of any English place.
This is to shew you, that I care not for their affronting or disobeying
my Declaration, so that it go not to open mischief, and that I may
have some time to end my Preparations. So I rest

  Your assured constant Friend,
  CHARLES R.
  Greenwich, 20 June, 1638.

       *       *       *       *       *


1638.—June 23.[69]

44. _To his Maiesties Commissioner, the supplicatione of the noblemen,
barrons, burgesse, ministers and comons, heir attending his Maiesties
gratious anssuer to our former petitions, complaintes and desyres,
humblie shewing,_

That quheras wee, expecting from your Grace, as his Maiesties
Commissioner, ane gratious anssuer to our former suplications,
complaintes and just desyres, haue presentit to your Grace ane
petitione, humblie crauing a free generall assembley and parliament, as
the ordinar remedy of our griuances, the onlie meine to put this kirke
and kingdome to quyetnesse.

It pleased your Grace to show that his Maiestie, from his princely
caire of this kirke and kingdome, walde be most willing to indicte a
free generall assembley, and call ane parliament for thesse good endes;
bot that your Grace, as his Maiesties, hath conceaued the Confession
of Faith and couenant, laitly renewed by ws his Maiesties subiects, to
be ane vnlawfull combination aganist athority, therby to cast off our
deutifull obedience, and not ane couenant for manteining of the trew
religion, of his Maiesties persone and authority, and of the lawes and
liberties of the kingdome; and wee being most willing to remoue that
impediment, as the maine hinderance for obteining our desyres, therfor,
and for cleiring of our loyaltie and windicating ourselues from so
grate ane imputatione, wee doe now, in all humility, remonstrat to
your Grace, as his Maiesties commissioner, and declairs before God and
men, that wee ar heartily griued and sorey, that aney good man, bot
most of all that our dreid souerainge should so conceaue of our doing,
and that wee wer and still are so far from aney thought of withdrawing
ourselues from our deutifull subiection and obedience to his Maiesties
gouerniment, wich by the discent, and wnder the rainge of 107 kinges,
is most cheirfully acknouledged by ws and our prædicessors. That wee
neuer had nor haue aney intentione ore desyre to attempte aney thing
wich may turne to the dishonor of God, ore to the diminutione of the
Kinges gratnes and authority; bot one the contrarey wee acknouledge our
quietnesse, stability and happines, to depend wpone the saftie of the
Kinges Maiestie, as vpone Gods vicegerent sett ouer ws for mantinence
of religion and administratione of justice, haue solemlie suorne, not
only our mutuall concurrence and assistance for the causse of religion,
bot also to the wttermost of our power, with our means and our liues,
stand to the defence of our dread souerainge, the Kinges Maiesty, his
persone and authority, in the preseruatione and defence of the trew
religion, lawes and liberties of the kingdome: and therfor wee, his
Maiesties loyall subiects, free from that and all other imputations of
that kynd, most humblie beseiches your Grace to esteime our Confessione
of Faith and couenant, to haue beine intendit, and to be the largest
testimoney of our fidelity to God, and loyaltie to our Kinge; and that
hinderance being remoued, most still supplicat your Grace wald be
pleased to indicte a free generall assembley and parliament, quhilk
will vndoubtedly redresse all our eiuells, sothe the peace of this
kirke and kingdome, and procure that cheerfulnesse of obedience, quhilk
is dew to be randred to his Maiestie, carrinng with it the offer of our
fortuns and best indeuors for his Maᵗⁱᵉˢ honor and happines, as ane
reall testimoney of our thankefullnes, praying God that his Maiesty may
long and happily raing ouer ws.

       *       *       *       *       *

1638.—June 25.

45. _Letter from the King to Hamilton._[70]

HAMILTON,

I must needs thank you that you stand so close and constantly to my
Grounds, and you deserve the more since your fellow-Counsellours do
rather dishearten than help you in this business, for which I swear I
pity you much. There be two things in your Letter that require Answer,
to wit, the Answer to their Petition, and concerning the Explanation
of their damnable Covenant; for the first, the telling you that I have
not changed my mind in this particular, is Answer sufficient, since
it was both foreseen by me, and fully debated betwixt us two before
your down-going; and for the other, I will onely say, that so long as
this Covenant is in force, (whether it be with or without Explanation)
I have no more Power in Scotland than as a Duke of Venice; which I
will rather die than suffer: yet I commend the giving ear to the
Explanation, or any thing else to win Time, which now I see is one of
your chiefest cares, wherefore I need not recommend it to you. Another
I know is, to shew the World clearly, that my taking of Arms is to
suppress Rebellion, and not to impose Novelties, but that they are the
seekers of them; wherefore if upon the publishing of my Declaration a
Protestation should follow, I should think it would rather doe right
than wrong to my Cause; and for their calling a Parliament or Assembly
without me, I should not much be sorry, for it would the more loudly
declare them Traitors, and the more justifie my Actions; therefore
in my mind my Declaration would not be long delayed: but this is a
bare Opinion and no Command. Lastly, my resolution is to come my self
in person, accompanied like myself, Sea-forces nor Ireland shall not
be forgotten; the particulars of which I leave to the Comptrollers
relation, as I do two particulars to the Archbishop of Canterbury,
which you forgot to mention in my Letter: and so I rest

  Your assured constant Friend,
  CHARLES R.
  Greenwich, 25 June, 1638.

       *       *       *       *       *


1638.—June 28.

46. _Proclamation._[71]

CHARLES by the grace of God, King of Scotland, England, France and
Ireland, Defender of the Faith. To our Lovits ________________________
Heraulds _____________________________ Messengers, our Sheriffes in
that part, conjunctly and severally specially constitute greeting.
Forsameikle as we are not ignorant of the great disorders, which
have happened of late within this Our ancient Kingdome of Scotland,
occasioned, as is pretended, upon the introduction of the Service Book,
Book of Canons, and High Commission, thereby fearing innovation of
Religion and Laws. For satisfaction of which fears, We well hoped,
that the two Proclamations of the eleventh of December, and nineteenth
of February, had been abundantly sufficient: Neverthelesse, finding
that disorders have daily so increased, that a powerfull rather then
perswasive way, might have been justly expected from Us: Yet We out
of Our innative indulgence to Our people, grieving to see them run
themselves so headlong into ruine, are graciously pleased to try, if by
a faire way We can reclaime them from their faults, rather than to let
them perish in the same. And therefore once for all We have thought fit
to declare, and hereby to assure all Our good people, that We neither
were, are, nor by the Grace of God ever shall bee stained with Popish
superstition: But by the contrary, are resolved to maintain the true
Protestant Christian Religion already profest within this Our ancient
Kingdome. And for farther clearing of scruples, We do hereby assure
all men, that We will neither now nor hereafter presse the practice of
the foresaid Canons and Service Book, nor any thing of that nature,
but in such a faire and legall way, as shall satisfie all Our loving
subjects, that We neither intend innovation in Religion or Lawes. And
to this effect have given order to discharge all Acts of Councel made
thereanent. And for the high Commission, We shall so rectifie it with
the help of advice of Our privie Councel, that it shall never impugne
the Lawes, nor bee a just grievance to Our loyall subjects. And what is
farder fitting to be agitate in generall Assemblies and Parliament, for
the good and peace of the Kirk, and peaceable government of the same,
in establishing of the Religion presently profest, shall likewise be
taken into Our Royall consideration, in a free Assembly and Parliament,
which shall be indicted and called with Our best conveniencie. And
We hereby take God to witnesse, that our true meaning and intention
is, not to admit of any innovations either in Religion or Laws, but
carefully to maintain the purity of Religion already profest and
established, and no wayes to suffer Our Lawes to be infringed. And
although We cannot be ignorant, that there may be some dis-affected
persons who will strive to possesse the hearts of Our good subjects,
that this Our gracious declaration is not to be regarded; Yet We do
expect that the behaviour of all Our good and loyall subjects will
be such, as may give testimonie of their obedience, and how sensible
they are of our grace and favour, that thus passeth over their
misdemeanours, and by their future carriage make appeare, that it was
only feare of innovation, that hath caused the disorders which have
happened of late within this Our ancient Kingdome. And are confident,
that they will not suffer themselves to be seduced and mis-led, to
misconstrue Us or Our actions, but rest heartily satisfied with Our
pious and real intentions, for maintenance of the true Religion and
Lawes of this Kingdome. Wherefore We require and heartily wish all Our
good people carefully to advert to these dangerous suggestions, and not
to permit themselves, blindely under pretext of Religion, to be led in
disobedience, and draw on infinitely, to Our grief, their own ruine,
which We have, and still shall strive to save them from, so long as We
see not royall Authoritie shaken off. And most unwillingly shall make
use of that power which God hath endued Us with, for reclaiming of
disobedient people.

Our will is herefore, and Wee charge you straightly and command, that
incontinent these Our Letters seene, you passe to the market crosse
of Our Burgh of Edinburgh, and all other places needfull, and there
by open Proclamation make publication hereof to all and sundry Our
good subjects, where through none pretend ignorance of the same. The
which to do, We commit to you conjunctly and severally Our full power,
by these Our Letters, delivering the same by you duely execute and
indorsed againe to the Bearer. Given at Our Court of Greenwich the
twenty eight day of June, and of Our Reigne the thirteenth yeer. 1638.

Per Regem.

       *       *       *       *       *

1638.—June 28.

47. _The Protestation of the Noblemen, Barons, Gentlemen, Burrows,
Ministers and Commons, &c._[72]

Wee Noblemen, Barons, Gentlemen, Burgesses, Minnisters, and Commons,
That whereas wee the Kings Majesties true and loyall Subjects, who have
ever esteemed it our greatest happinesse to live under a religious and
righteous King, and our greatest glory to testifie our best affections
to our gracious Soveraign, have beene in His Majesties absence from
this His native Kingdome heavily pressed for a long time past, And
especially of late, with diverse innovations, which both in themselves,
and in the way wherein they have beene urged, doe manifestly tend
to the prejudice of the Kings honour, and of our Religion, Laws and
Liberties, And by which we were brought to such extremitie, that there
was no way left betwixt the rock of excommunication, and the high paine
of rebellion on the one part, and the desperate danger of forsaking
the way of true Religion and the breach of our Covenant with God on
the other, but to represent our cause, and present our supplications
to the Lords of secret Councell, that being equally pondered by them,
they might either be answered by themselves, or by their recommendation
might ascend to his Majesties owne consideration: And therefore in
all humble manner we did to this effect supplicate their Lordsh: we
were most willing (for the modest following of our supplications) to
obey their direction in chusing Commissioners, for the great number of
supplicants, who flocked together from all quarters of the Kingdome;
were carefull to order our selves in all Christian and quiet carriage,
and, against the tediousnesse of many and long delaies, did wait for a
long time with very great patience, till at last they were pleased to
receive our supplications, complaints, and bills: And conceiving them
to containe weightier matters then could by themselves bee determined,
they did promise and undertake to represent and recommend the same,
according to their more then ordinary importance, unto his Majesties
Royall consideration, and to report his Majesties answer.

While his Majesties good Subjects of all ranks, throughout the whole
Kingdome, had their minds wakened, and their hearts filled with the
expectation of a gracious and satisfactorie answer, worthy of his
Majesties pious and equitable disposition, in the month of February
last incontinent a rumour flyeth through the Countrie, and filleth all
eares, That the Lords of his Majesties secret Councell were commanded
to make such a Proclamation concerning the Service Booke, Booke of
Canons, and the peaceable meetings of his Majesties good Subjects in
time comming, as we were perswaded to have beene procured by the secret
working, and malignant mis-information of our adversaries, seeking for
their owne private ends, without respect to his Majesties honour, and
welfare of this Kirk and Kingdome, to stop the course of our legall
proceedings, and to escape their owne due censure: And therefore
intending to make knowne to the Lords of secret Councell what was
noised concerning the Proclamation: how far the whole Kingdome had been
by some sinistrous mis-information frustrate of their hopes, and their
constant desire to have some course taken by their Lordsh: advice; how
his Majestie being further informed, might deliver his good subjects
from so great grievances and feares, and establish a sure peace in this
Countrie for time to come; we found our selves tyed by order of Law to
decline those against whom we had made our complaint, unlesse we would
admit our parties to be our Judges: And in case our Declinator should
not be accepted, we behoved to protest, that we might have immediate
recourse to the King himselfe, &c.

Thereafter in the Moneth of March, finding that by the foresaid
Proclamation the innovations supplicated against were approven, our
lawfull proceedings condemned, our most necessary meetings prohibited,
there being no other way left unto us, wee were necessitate to renew
the nationall Covenant of this Kirk and Kingdome, thereby to reconcile
us to God, provoked to wrath against us, by the breach of his Covenant
within this Land, to cleare our Soveraigns mind from all jealousies
and suspicions, arising from our adversaries mis-information of our
intentions and carriage; and so to make way for his acceptance of
our humble supplications, and grant of their lawfull remedies, to
guard this Land in defence of Religion, Authority and liberty against
inward divisions, and externall violences. And that our actions might
be answerable to our holy profession, we afterward drew up an humble
supplication, containing our grievances, and desires of the ordinary
remedies thereof, to have beene delivered to the King himselfe: In the
meane time we were directed by those who were intrusted by his Majesty,
to attend his Declaration here in Scotland, which would free us of all
feares of innovations of Religion, and prove satisfactorie: And lest
for want of true information of our just grievances and desires it
should fall out otherwise, wee expressed to them, with the greatest
modestie we could, our desires in some few Articles, and with great
patience have attended his Majesties pleasure thereanent: And all this
moneth by-gone being frequently conveened to heare the same delivered
by his Majesties Commissioner, the right Noble and potent Lord James
Marquesse of Hamiltoun, &c. we presented a new petition to his Grace
as his Majesties Commissioner, craving most humbly the indiction of a
free Assembly and Parliament, as the onely remedies thereof: Likeas
finding a mis-information or mistake of our Covenant with God, as if
it had beene an unlawfull combination to bee the maine hinderance of
obtaining our desires, in a new supplication; wee have fully removed
that impediment, renewed our desires of those supreme judicatories, to
bee indicted with diligence, for settling of the Kirk and Kingdome: But
being answered only with delayes after these nine Moneths attendance,
and with this Proclamation that conteined his Majesties gracious
declaration of his pious intentions, not to admit of any innovations
in Religion or Law, nor any staine of Popish superstition, But on
the contrary to be resolved to maintaine the true Christian Religion
professed in this Kingdome; which we were, ever so far from calling
in question, as in our supplications, complaints and bills, we used
the same as one cause of our desires, one ground of our confidence
of a gracious answer, and argument of our adversaries malignant
mis-information of so religious a King: And now most humbly (with
bended knees and bowed hearts) thanke our gracious Soveraigne for the
same, Wishing and praying the Lord of heaven truly and fully to informe
his Majestie how far these bookes, judicatories, and all our other
evils and grievances are full of idolatrous superstitions, and Popish
errours, How destructive of the reformation of Religion in this Land,
and of the Lawes and Liberties of this Church and Kingdome, and so
directly contrary to this his Majesties pious intention and declaration.

Yet seeing that no Proclamation could sufficiently remove the present
evils, nor settle our feares, nor secure us from the re-entrie of
any evil or Innovation, which it seemed to discharge, or prevent
the like in time comming, nor satisfie our humble supplications,
craving the present indiction of a free Assembly and Parliament, as
the onely remedies of our evils, and meanes to prevent the like:
And seeing this Proclamation doth not so much as make mention, or
acknowledge any of our supplications, complaints and grievances, or
any just cause thereof, except under the name of great increase of
disorders, faults, and mis-demeanours, but only our feares of some
future Innovation of Religion or Lawes, occasioned onely (as is
pretended) by the introduction of the Service Booke, Booke of Canons,
and High Commission; which feares his Majestie hoped to have beene
abundantly and sufficiently satisfied by his two former proclamations
of the ninth of December, and nineteenth of February. And by this his
present Declaration, except his subjects bee blindely (under pretext
of Religion) led unto disobedience, Doth mis-ken, passe over, and so
in effect denie all our supplications, bills, articles, and desires,
especially our complaints against the Prelates our parties. And, that
once for all, in a faire and perswasive way, even after the resaite
of our last supplication, clearing us from the calumnie of unlawfull
combination; Doth not disallow nor discharge any of the innovations
and evils complained upon, but onely assureth that his Majestie will
not presse their practice, but in such a faire and legall way as shall
satisfie his subjects of his intention; which (joyned with the other
clause, allowing and confirming the Proclamation the nineteenth of
February) evidenceth the liberty left to any Prelate or persons to
practice the same, and by all other faire waies to perswade others
thereunto; and his Majesties resolution to presse their practice in
a faire and legall way: And also confirmeth the former Declaration,
That the Service Booke is a ready meane to maintaine the true Religion
already professed, and to beat out all Superstition, and no waies to be
contrary to the Lawes of this Kingdome, but to be compiled and approved
for the universall use and edification of all his Majesties subjects;
Doth not abolish, but promiseth to rectifie the High Commission, with
advice of his Privie Councell, implying the Kings power, with consent
of the Councell, to establish this or any judicatory within this
Kingdome, without consent of the three Estates conveened in Parliament,
contrary to the fundamentall and expresse Lawes thereof; and by
consequent with the like reason, to establish Lawes and Service Bookes,
without consent of the Assembly and Parliament; Which is contrary
to the maine ground of all our supplications, against the manner of
their introduction; Doth only promise to take into his consideration
in an Assembly and Parliament, which shall bee called at his best
convenience, while as the evident and urgent necessity for settling
the combustions threatening the totall dissolution and desolation of
this Church and State, excuseth our uncessant and importune calling
for these present remedies; Doth insinuate the continuance and
execution of any pretended lawes for these innovations of worship,
and corruptions of Church governmen, and civill places of Church-men,
which by our Covenant wee have obliged our selves to forbeare; and the
re-establishment of these evils in an Assembly and Parliament, which
he will call in his best convenience, to wit, for that and this other
end of satisfying his subjects judgements anent the Service Booke and
Booke of Canons; Doth condemne all our former proceedings, even our
supplicating, complaining, protesting, subscribing of our Covenant
together, and our continuall meetings, as great disorders, increase
of disorders, deserving justly a powerfull rather then a perswasive
way, a running headlong into ruine, a perishing in our faults, a blind
disobedience under pretext of Religion, and doth threaten & denounce,
NOW ONCE FOR ALL, If we be not heartily satisfied, and give testimony
of our obedience after this Declaration, but continue, as by our former
proceedings, to draw on our owne ruine, that, albeit unwillingly,
he must make use of that power which God hath indued him with, for
reclaiming of so disobedient people.

THEREFORE we, in our own name, and in name of all who will adhere
to the Confession of Faith, and reformation of Religion within
this Land, are forced and compelled, out of our bound duty to God,
our King, native Country, our selves and our posterity, (lest our
silence should be prejudiciall to so important a cause, as concernes
Gods glory and worship, our Religion and salvation, the Lawes and
Liberties of this Church and Kingdome, or derogatory to our former
supplications, complaints, protestations, Articles and proceedings,
or unanswerable to the solemne oath of our nation covenant with
God) To declare before God and man, and to protest, _Primo_, That
we doe, and will constantly adhere, according to our vocation and
power, to the said Reformation, in doctrine, use of Sacraments, and
discipline; And that notwithstanding of any innovations introduced
therein, either of old or of late. _Secundo_, we protest, That we
adhere to the grievances, supplications, and protestations given in at
Assemblies and Parliaments, and to our late supplications, complaints,
protestations, and other lawfull proceedings against the same, and
particularly against the Service book, and booke of Canons, as maine
innovations of Religion and Lawes, and full of Popish superstition,
and so directly contrary to the Kings Declaration, And against the
High Commission, as a judicatory established contrary to the Lawes
and Liberties of this Church and Kingdome, and destructive of other
lawfull judicatories, which both in respect of the nature of it, manner
of introduction, without consent of the three Estates of Parliament,
cannot be any wayes rectified, but absolutely discharged: _Tertio_, we
protest, That we adhere with our hearts to our Oath and subscription
of the Confession of Faith, the solemne Covenant betweene God, this
Church and Kingdome, and the clauses particularly therein expressed
and generally contained, and to our last Articles for the peace of
this Kirke and Kingdome, drawne out of it, and to all the matters
therein contained, and manner of remedy therein desired. _Quarto_,
We protest, that this Proclamation, or act of Councell, or any other
act, or Proclamation, or Declaration, or ratification thereof, By
subscription, or act, or letter, or any other manner of way whatsoever,
or any precondemnation of our cause or carriage, before the same be
lawfully heard and tryed in the supreme judicatories of this Kirk and
Kingdome, the onely proper judges to nationall causes and proceedings,
or any certification or threatning therein denounced, shall no waies
be prejudiciall to the Confession of Faith, lawes, and liberties of
this Kingdome, nor to our supplications, complaints, protestations,
articles, lawfull meetings, proceedings, pursuits, mutual defences, nor
to our persons and Estates, and shall no wayes be disgracefull either
in reality or opinion, at home or abroad, to us or any of us: But on
the contrary, that any act, or letter, or subscription of the Councell,
carrying the approbation of the declaration, and condemnation of our
proceedings, _indicta causa_, is and ought to be repute & esteemed
unjust, illegall & null, as here before God and man we offer to clear,
& to verifie both the justice of our cause and carriage, and the
injustice of such acts against us, in the face of the first generall
Assembly of the Church & Parliament of the Estates, unto whom with all
solemnities requisite, we do publikly appeal. _Quinto_, We protest,
that seeing our former supplications, last Articles, & our last desire
and petition to his Majesties Commissioner, which petitioned for the
present indiction of a free general Assembly & Parliament, according
to the law and custome of all nations, & of this nation in the like
case, to hear the desires, ease the grievances, & settle the fears
of the body of the Church & Kingdome, are thus delayed, & in effect
refused, to wit, ONCE FOR ALL, till his Majesties conveniency for the
end contained in this Proclamation, that We continue by thir presents
to supplicate his Majesty again and again, for the granting of the
same: And whatsoever trouble or inconvenience fall out in this land in
the mean time, for want of these ordinary remedies, and by the practice
of any of these innovations & evils, contrary to our supplications,
articles, & confession, it be not imputed unto us, who most humbly
beg these lawfull remedies, but also that it is, & shall be lawfull
unto us, to defend and maintain the Religion, lawes and liberties
of this Kingdome, the Kings Authority in defence thereof, & every
one of us one another in that cause, of maintaining the Religion,
and the Kings foresaid Authority, according to our power, vocation
and Covenant, with our best counsel, bodies, lives, means, & whole
strength, against all persons whatsoever, and against all externall or
internall invasions menaced in this proclamation. Like as that in the
great exigencie of the Church, necessitating the use of this ordinary
and lawfull remedies for settling the commotions thereof, it is and
shall be leasome unto us to appoint, hold and use the ordinary means,
our lawfull meetings and Assemblies of the Church agreeable to the law
of God, and practice of the primitive Church, the Acts of the generall
Assemblies, and Parliaments, and the example of our Worthy Reformers
in the like case. _Sexto_, We protest, that our former Supplications,
Complaints, Protestations, Confessions, meetings, proceedings and
mutual defences of every one another in this cause, as they are, and
were in themselves most necessary, and orderly meanes agreeable to the
lawes & practice of this Church and Kingdome, to be commended as reall
duties of faithfull Christians, loyall Subjects, and sensible members
of the body of the Church and Kingdome, and no wise to be stiled nor
accounted great disorders, misdemeanours, blind disobedience under
pretext of Religion, and running headlong into ruine, &c. So they
proceeded only from conscience of our duty to God, Our King, native
countrey, and our posterity, and doth tend to no other end, but to the
preservation of the true reformed Religion, the confession of Faith,
Lawes, and Liberties of this His Majesties most ancient Kingdome,
and of His Majesties authority in defence thereof, and satisfaction
of our humble desires, contained in our supplications, complaints and
articles, unto the which we adhere againe and again, as we would eschew
the curse of the Almighty God, following the breach of his Covenant:
And yet we doe certainly expect, according to the Kings Majesty his
accustomed goodnesse and justice, that his sacred Majestie after a true
information of the justice of our cause and carriage, will presently
indict these ordinary remedies of a free Assembly and Parliament,
to our just supplications, complaints, and articles, which may be
expected, and useth to be granted from so just and gracious a King,
towards most loyall and dutifull subjects, calling for redresse of so
pressing grievances, and praying heartily that His Majestie may long
and prosperously reigne over us.

       *       *       *       *       *

WHEREUPON a noble Earle John Earle of Cassles, &c. in name of the
Noblemen, M. Alexander Gibson younger of Dury in name of the Barons,
James Fletcher Provost of Dundy in name of the Burrowes, M. John
Ker Minister at Salt-prestoun in name of the Ministers, and Master
Archibald Johnston Reader hereof, in name of all who adheres to the
Confession of Faith and Covenant lately renewed within this Kingdome,
tooke Instruments in the hands of three Notars present, at the said
mercat Crosse of Edinburgh, being invironed with great numbers of the
foresaid Noblemen, Barons, Gentlemen, Borrows, Ministers and Commons,
before many hundred witnesses, and craved the extract thereof: And
in token of their dutifull respect to his Majesty, confidence of the
equity of their cause, and innocency of their carriage, and hope of
his Majesties gracious acceptance, they offered in all humility, with
submisse reverence, a copie thereof to the Herauld.

       *       *       *       *       *


1638.—June 29.

48. _Letter from the King to Hamilton._[73]

HAMILTON,

Yours of the 24th (though it be long) requires but a short Answer, it
being onely to have leave to come up, which is grounded upon so good
reason, that I cannot but grant it. Some Considerations in the mean
time I think fit to put to you; first, to take heed how you engage
your self in the way of Mediation to me; for though I would not have
you refuse to bring up to me any Demand of theirs to gain time, yet I
would not have you promise to mediate for any thing that is against
my Grounds; for if you do, I must either prejudice my self in the
granting, or you in denying: then, I would have you take care, that no
more Subscriptions be urged upon any, especially of Council or Session:
lastly, that you leave such encouragement to these few, that have not
yet forsaken my Cause, that they may be assured (as well as I) that
your up-coming is neither to desert them nor it. And thus certainly if
(as you write) you get the mutinous Multitude once dispersed, you will
have done me very good Service; for I am confident that my Declaration
published before your coming away, (according to the Alterations that I
have given you leave to make) will give some stop to their Madnesses:
however your endeavours have been such, that you shall be welcom to

  Your assured constant Friend,
  CHARLES R.
  Greenwich, 29 June, 1638.

1638.—June 29.

49. _Letter from the Bishop of Ross to Hamilton._[74]

MY LORD, MAY IT PLEASE YOUR GRACE,

We are exceeding sorry to hear that the success of your Lordships
Travels in this difficult Business, is otherwayes than good Christians
and Subjects do wish, and heartily pray for; but on the other part,
are glad to hear from our Friends there, that, whereof we were ever
confident, that nothing is omitted by your Lordship to effectuate what
is necessary for His Majesties Honour, and expedient for the good and
quiet of that poor distracted and distempered Kingdom. For my own
part give me leave, without either flattery or presumption, to say
ingenuously, that the Course your Lordship keeps, seemeth to be such as
all good and wise men must approve your Lordships wisdom and Loyalty.
Infallibly the fruit will be, besides the Warrant your Lordship hath
in your own Conscience by this Noble and Wise carriage, your Lordship
must be more (if any accrewment can be to former Deserts) beloved of
your Master: it will indear your Lordship more to all good, wise, and
well-affected Patriots, and oblige all, especially honest Church-men,
to be your Servants. It cannot seem strange to any wise heart, who
looks on the Distemper of that Kingdom, wherein is the concourse of
so many different and divers Distempers, where so many of all sorts
of different Judgements, and no less variety of Affections, are so
strongly engaged, and where many have their own private ends; that the
best, wisest, and most powerful Agents, are not able on a sudden to
rectifie their Judgements, cure their Affections, and by disappointing
the private intentions of some to reduce all to Order, Peace, and
Quiet. In any great Work of this strain, we must all rely somewhat
more on the wise and gracious Providence of God, than in any other
ordinary accidents: He is able to work good out of ill, light out of
darkness, and order out of confusion, which I pray God heartily, we may
see to His Glory, the Kings Honour, and Peace of the Church and State,
without any other effect upon any author or abettor of these Disorders,
but of Gods Mercy, and His Majesties Royal Clemency. In this I fear I
have exceeded more, possibly, than becomes me with your Grace; but as
I humbly beg pardon, so I trust your Lordships Goodness will easily
pardon the expressions of a poor Heart surcharged with grief, not so
much flowing from, or following the fear of any Personal or Private
evil can befall it, as fearing the danger the Publick is in, because
of our Sins, which are calling for Vengeance. God of his Mercy give us
Repentance, and be merciful to that Church and State.

We can return nothing for your Lordships care and kindness to us but
humble and hearty thanks, and earnestly pray God Almighty for all
Honour, Wealth, and Happiness to your Lordship here and hence.

As your Lordship hath commanded us we shall go from hence, and where
we pitch our abode, with the first opportunity shall acquaint your
Lordship. We were advised by our best friends to doe so, before we
received your Lordships; but that Obedience we owe, and promised to
His Majesty and your Lordship, made us that we would not stir for any
Advertisement or Advice, how necessary or affectionate soever, till we
had your Lordships Warrant.

All that kind respect which is above our desert and condition, and
tender care your Lordship hath expressed to us, for our safety, and
that which your Lordship hath superadded out of your noble Bounty,
desiring us to be so bold as to shew your Lordship what Money, or
any thing else necessary we stand in need of, that your Lordship may
supply our necessity in this, hath so perplexed us for a time, that we
knew not what to choose; on the one part being ashamed to doe it, both
because it seemeth impertinent, and incongruous to trouble one of your
Lordships Honour, Place, and Imployment, with matters of this kind, and
especially so unreasonably at such a time, when your Lordship is at
such charge for the honour of His Majesties Service; as also that we
are unprofitable, and cannot be useful to your Lordship in any kind,
and so how should we to other troubles we make your Lordship, adde this
to be chargeable: yet your Lordships noble and generous offer, and the
necessity we are cast into at this present, that what is our own or due
to us we cannot command, and know as little who will do us the favour
at this time to trust us, hath made us (seeing Obedience is better than
Sacrifice) to cast our selves upon your Lordships Bounty and Favour;
fearing on the one part your Lordship may be offended if we doe it not,
and on the other, that otherwise we cannot be provided: Therefore I
humbly intreat your Lordship, to let me have with the Bearer a hundred
and fifty Pieces, payable at Whitsunday next with the Interest, or
Martinmas, as your Lordship pleases; for which your Lordship shall
receive from the Bearer my own personal Bond. Here and at this time I
cannot give better Security, but by Gods Grace your Lordship shall be
in no danger, come the world as it will.

I have more than need to beg humble pardon for my unmannerly and
impertinent importunities, in troubling your Lordship at this time,
taken up with weighty Affairs, if it were but to read this long Paper;
and that I offend no more in this kind, I shut up all with my hearty
Prayers to God Almighty for all Honour and Happiness to your Lordship,
and an effectual blessing upon your Travels. So wisheth he who shall
be, whilest he lives,

  Your Graces most humble and
  bounden Servant,
  JO. ROSSEN.
  Berwick, 29 June, 1638.

       *       *       *       *       *

1638.—July 2.

50. _Letter from the Privy Council to the King._[75]

Most Sacred Soveraigne,

The Marquesse of Hamiltoun, your Majesties Commissioner, having
imparted unto us your Majesties gracious pleasure and allowance that
the Judicatories of the Councell, of Session, and others, should be
returned to the Citie of Edinburgh; Thereupon, the Lord Commissioner
being present, order was given for publication at the Market Crosse of
Edinburgh with all solemnities requisite; and that the like publication
should be made throughout the whole Kingdome at all publike places:
This hath given so great contentment to all your Majesties subjects,
that we cannot expresse with what dutifull respect and heartie prayers
for your Majestie they have embraced this great and undeserved favour:
In consideration whereof wee conceive our selves bound in dutie to
acquaint your Majestie herewith; and withall to render to your Majestie
most humble and heartie thanks for this so great grace and goodnesse,
which wee hope shall contribute to the good of your Majesties service,
and to establishing the peace of the Countrie, for the which we all
your Majesties good subjects shall ever bee most thankfull, and all in
dutie bound to pray for your Majesties long and happy Reigne.

Holy-rood-house July 2. 1638.

  Subscribitur

  Traquaire
  Roxbrugh
  Mar
  Morton
  Winton
  Lithgow
  Wigtonne
  Kingorne
  Hadinton
  Lauderdaile
  Kinoul
  Southesk
  Lorne
  Naper
  Dalyell
  Ihay
  Ja: Carmithaell
  Thomas Hop
  John Hammilton

       *       *       *       *       *


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,

ROTHES.

       *       *       *       *       *

1638.—July 27.

54. _Additional Instructions by the King to Hamilton._[79]

CHARLES R.

You shall try by all means to see if the Council will sign the
Confession of Faith, established by Act of Parliament, with the new
Bond joined thereto; but you are not publickly to put it to Voting,
except you be sure to carry it, and thereafter that probably they will
stand to it.

If the Council do sign it, though the Covenanters refuse, you shall
proceed to the indicting of a free General Assembly; and though you
cannot procure the Council to sign it, yet you are to proceed to the
indicting thereof, if you find that no other Course can quiet business
at this time.

You shall labour by all fair means that the sitting of the Assembly be
not before the first of November, or longer if you can obtain it; for
the place, We are pleased to leave it to your election; for the manner
of indicting, you must be as cautious as you can, and strive to draw
it as near as may be to the former Assemblies in my Fathers time.

You must labour that Bishops may have Votes in Assemblies, which if you
cannot obtain, then you are to protest in their Favours in the most
formal manner you can think of.

As for the Moderator in the Assembly, you are to labour that he may
be a Bishop, which though you cannot obtain, yet you must give way to
their Election.

You are to labour, that the Five Articles of Perth be held as
indifferent; strive that the admissions of Ministers may continue as
they are; you may condescend, that the Oaths of their Admission be no
other than is warranted by Act of Parliament.

You are, if you find that it may in any wise conduce to Our Service, to
enact and publish the Order made at Holyroodhouse by Our Council the
fifth of July last, for discharging the use of the Service-Book, Book
of Canons, and the practice of the High Commission.

You are to protest against the abolishing of Bishops, and to give way
to as few restrictions of their power as you can; as for the Bishops
not being capable of Civil Places, you must labour what you can to keep
them free.

You may give way that they shall be accountable to the General
Assembly, which you shall indict at the rising of this against that
time twelve month.

As for the Bishops Precedence, you are not to admit them of the
Assembly to meddle therewith, it being no point of religion, and
totally in the Crown.

If the Bishop of St Andrews, or any other, be accused of any crime, you
are to give way to it, so they may have a free Trial; and likewise the
same of whatsoever person or Officer of State.

It is left to your discretion what course Bishops shall take, that are
for the present out of the Country.

You are to advise the Bishops to forbear sitting at the Council, till
better and more favourable times for them.

Notwithstanding all these Instructions above-mentioned, or any other
accident that may happen (still labouring to keep up Our Honour so far
as possibly you can) you are by no means to permit a present Rupture to
happen, but to yield anything though unreasonable, rather than now to
break.

  C. R.
  London the 27ᵗʰ July, 1638.

       *       *       *       *       *

1638.—July 28.

55. _His Majesties Ten Demands._[80]

1. That all Ministers deposed or suspended by the Presbyteries since
the first of February last, without warrant of the Ordinarie, shall be
restored to their owne places, till such time as they shall be legally
convicted.

2. That all Moderators of Presbyteries, deposed since the foresaid day
by the Presbyteries, without warrant of the Ordinarie, be restored, and
all Moderatours, appointed by the said Presbyteries without warrant
foresaid, to desist from executing the office of Moderator.

3. That all Ministers admitted by the Presbyteries since the foresaid
day, without warrant from the Ordinarie, shall desist from exercising
the function of their ministerie in that place to which they have beene
so presented and admitted.

4. That all Parishioners shall frequent their owne Churches, and
heare their owne Minister, and that the Elders assist the Minister in
the Session, and other exercises of the discipline of the Church, as
formerly they were used to do.

5. That all Bishops and Ministers, have their rents and stipends duly
and thankfully paid them.

6. That all Ministers bee appointed presently to repaire to their
own Churches, that none of them come to the Assemblie, or to the
place where the same shall bee held, but such as shall bee chosen
Commissioners from the Presbyteries.

7. That according to the Act of Assemblie 1606, Moderators of
Presbyteries being found necessarie members of the Assemblie, every
one of the said Moderators be appointed to bee Commisioner from that
Presbyterie where he is Moderator.

8. That Bishops and other Ministers who shall attend the Assemblie, may
be secured in their persons from all trouble and molestation.

9. That the Commissioners from Presbyteries, be chosen by the Ministers
of that Presbyterie onely: And that no lay-person whatsoever, meddle in
the choice, nor no Minister without his owne Presbyterie.

10. That all Convocations and meetings bee dissolved, and that everie
man repaire to his owne house, and that the Countrey not onely be made
peaceable, but also that all such Acts be forborne, as may make it
appeare to be otherwayes.

And since his Majestie is still displeased with the Covenant, wisdome
and our dutifull obedience to our Soveraigne require, that some such
course should be taken, whereby his Majestie may receive satisfaction
therein; and in the meane time, that there be no pressing, threatning,
or perswading of men to subscribe the Covenant, nor no mention be made
thereof any more in Pulpits.

       *       *       *       *       *

1638.—July 28.

56. _Answers to these Articles._[81]

Having seriously considered with our selves, that nothing in this world
is so precious, and ought to be so deare unto us as our Religion;
that the diseases of the Church after long toleration did threaten no
lesse then her utter ruine, and the expiring of the truth of Religion
at last; and that a free Generall Assemblie was the ordinarie remedie
appointed by divine Authority, and blessed by divine providence in
other Churches; and after a speciall manner in the Church of Scotland,
wee have often and earnestly supplicated for the same, and have
laboured to remove what was objected, or what we could conceive to be
any hinderance to the obtaining of our desire, like as we have now for
the same good end resolved to returne this answer to the particulars
propounded, to be performed by us before any Assemblie be indicted.

The particulars propounded, are either concerning matters
Ecclesiasticall, or Civill: Ecclesiasticall, or Church matters are, The
first, concerning Ministers deposed or suspended by the Presbyteries,
since the first of Februarie last, without warrant of the Ordinarie,
that they bee restored to their owne places. The second, concerning
Moderators of Presbyteries deposed since the foresaid day, to be
restored, and all Moderators appointed by the said Presbyteries without
warrant aforesaid, to desist from executing the office of Moderator.
The third, concerning Ministers admitted since the foresaid day, that
they desist from exercising the function of the Ministerie in that
place, to which they have beene admitted. These three particulars
do concerne the power, dutie, and particular facts, or faults of
Presbyteries, wherein we have no power to judge or determine, whether
they have proceeded lawfully or not, farre lesse can wee urge or
command them to recall what they have determined or done, in the
suspending, deposing, or admitting of Ministers, or Moderators; they
being properly subject to the superiour Assemblies of the Church; and
in this case and condition of the Church, to the Generall Assemblie,
where, if they shall not after triall justifie their proceedings, from
the good warrants of Scripture, reason, and the acts and practices of
the Church, they ought to sustaine their owne deserved censure. And
since on the one side, there bee many complaints against the Prelats
for their usurpation over Presbyteries in the like particulars;
and on the other side, there bee such complaints of the doings and
disorders of the Presbyteries to the offence of the Prelats; wee
trust that his Majesties Commissioner will not esteeme this to bee
any hinderance of the indiction of a Generall Assemblie, but rather a
powerfull and principall motive with speed to conveene the same, as the
proper Judicatorie wherein to determine such dangerous and universall
differences of the Church. Neither do we heare that any Ministers
are deposed, but onely suspended during this Interim till a Generall
Assemblie, for their erroneous doctrine and flagitious life; So that it
were most offensive to God, disgracefull to Religion, and scandalous to
the people, to restore them to their places till they bee tried, and
censured. And concerning Moderators, none of them (as wee understand)
are deposed, but some onely changed, which is verie ordinarie in this
Church. The fourth, concerning the repairing of Parishioners to their
owne Church, and that Elders assist the Ministers in the discipline
of the Church, ought to be cognosced and judged by the particular
Presbyteries, to which the Parishioners and Elders are subject, since
the cause may be in the Ministers no lesse then in the Parishioners and
Elders. And in case they finde no redresse there, to assent till they
come to a Generall Assemblie, the want whereof maketh disorders to bee
multiplied, both in Presbyteries and particular Parishes.

To the sixth, That Ministers wait upon their owne Churches, and that
none of them come to the Assemblie, or place where the same is kept,
but such as shall be chosen Commissioners from Presbyteries, we answer,
That none are to come to the place of the Assemblie, but such as are
either allowed by Commission to have voice, or otherwise have such
interesse as they can justifie to his Majesties Commissioner, and the
Assemblie conveened.

To the seventh, Concerning the appointment of Moderators of
Presbyteries to bee Commissioners to the Generall Assemblie, onely
constant Moderators, who have ceased long since, were found in the
Assemblie 1606. (which yet was never reputed by the Church to be a
lawfull nationall Assemblie) to be necessarie members of the Generall
Assemblie. And if both the Moderators, who if they be necessarie
members need not to bee chosen, and the chosen Commissioners repaire
to the Assemblie, the Assemblie it selfe can judge best of the members
whereof it ought to consist.

To the ninth, That no lay-person whatsoever meddle with the choosing
of Commissioners from the Presbyteries, and no minister without his
owne Presbyterie, we say, That according to the order of our Church
discipline, none but Ministers, and Elders of Churches ought to have
voice in choosing Commissioners from Presbyteries, and that no
Minister, or Elder should have voice in Election, but in his owne
Presbyterie.

The rest of the particulars are concerning civill matters: As the fifth
concerning the paying of Rents and Stipends to Ministers and Bishops,
concerning which we can say no further, but that the lawes are patent
for them, as for his Majesties other subjects, and that the General
Assemblie ought not to be delaied upon any complaint in that kinde.

The eighth, requiring that Bishops, and Ministers be secured in their
persons, we think so reasonable, that wee will promise everie one of
us for our own parts, they shall suffer no violence from us, and that
we shall hinder others so farre as wee may; And if any trouble them
otherwise, or make them any kinde of molestation in that attendance but
by order of Law, the parties are justly punishable according to the
degree of their fault as other subjects are.

To the tenth, concerning the dissolving of all Convocations and
meetings, and the peaceablenesse of the Countrie; These meetings being
kept for no other end, but for consulting about lawfull remedies
against such pressing grievances as threaten the desolation of this
Church and State, cannot be dissolved till the evils be removed. And
we trust, that nothing in these our meetings hath escaped us, which
carrieth in it the smallest appearance of undutifulnesse, or which
may seeme to tend to the breach of the common peace: But although our
adversaries have herein calumniated us, yet we have alwayes so behaved
our selves, as beseemed his Majesties most humble and loyall subjects,
petitioning his Majestie for a legall redresse of our just grievances.

To the last, concerning the Covenant; the Commissioner his Grace
having many times and most instantly pressed us with that point, we
did first by invincible arguments make manifest, that we could not,
without sinning against God, and our owne consciences, and without
doing wrong to this Nationall Church, and all posteritie, rescind or
alter the same: And thereafter did at large cleare the same of all
unlawfull combination against Authoritie, by our last Supplication and
Declaration, which his Majesties Commissioner accepted as the most
readie and powerfull of all other meanes, which could come within
the compasse of our thought to give his Majestie satisfaction, The
subscription of this our confession of Faith, and Covenant being an
act so evidently tending to the glorie of God, the Kings honour, and
happinesse of the Kingdome: And having alreadie proved so comfortable
to us in the inward of our hearts, It is our ardent and constant
desire, and readie wish, that both his Majestie and all his good
subjects may be partakers of the same comfort, Like as we finde our
selves bound by conscience, and by the Covenant it selfe, to perswade
all his Majesties good subjects to join with us for the good of
Religion, his Majesties honour, and the quietnesse of the Kingdome:
which being modestly used by us without pressing, or threatening of
the meanest, we hope shall never give his Majestie the least cause of
discontent.

Seeing therefore, according to our power and interesse, wee are most
willing to remove all hinderances, that things may bee carried in
a peaceable manner, worthy our Profession, and Covenant, doe aime
at nothing but the good of the Kingdome, and preservation of the
Church, which by consumption, or combustion, is like to be desperately
diseased, except remedy some way be speedily provided; And wee delight
to use no other meanes, but such as are legall, and have been ordinarie
in this Church, since the Reformation: Wee are confident that without
further delay, for preventing of greater evils and miseries then we can
expresse our just desires shall be granted. So shall we be encouraged
in the peace of our souls, still to pray for his Majestie, all encrease
of our true honour and happinesse.

       *       *       *       *       *

1638.—July 28.

57. _Reply by the Commissioner._[82]

1. If the Lords and the rest will undertake for themselves and the
rest, that noe Laicks shall have voyces in choosing the Ministers to
bee sent from the severall Presbyteries to the General Assembly, nor
none else but the Ministers of the same Presbyterie:

2. If they will undertake that at the Assemblie they shall not goe
about to determine of things established by Acts of Parliament,
otherwise then by remonstrance or petition to the Parliament, leaving
the determining of things Ecclesiasticall to the generall Assembly, and
things settled by Act of Parliament, to the Parliament:

Then I will presently indict a Generall Assembly, and promise, upon my
Honour, immediately after the Assembly to indict a Parliament, which
shall cognosce of all their complaints.

       *       *       *       *       *

1638.—July 30.

58. _Letter from the King to Privy Council._[83]

CHARLES R.

Right trusty and well-beloved Cousin, Councellour and Commissioner, and
Right trusty and well-beloved Cousins and Councellours, and trusty and
well-beloved Councellours, We Greet you well.

The great Distractions which have of late arisen both in Kirk and
Commonwealth, in that Our Ancient Kingdom of Scotland, have much
troubled the minds of many good and loyal Subjects there, and these
Distractions have fallen out among them upon Jealousies and Fears of
Innovation in Religion, and introducing of Popery; and not without some
Fears conceived amongst them, as if We Our Self were that way inclined.

Upon occasion of these Fears they have of late signed a Covenant,
or Bond for conserving the Religion established, and the Laws of
the Country; but this Bond being not subscribed by Royal leave and
Authority (as was that in Our dear Fathers time) must needs be both
null in it self, and very prejudicial to the ancient and laudable
Government of both Kirk and Commonwealth: which though We must declare
unto you, yet out of Our inborn Love to that Our Native Country, and
Loyal Subjects there, and for the obviating of these causeless Fears,
and to satisfie your selves and all Our loving People, We do hereby
under Our hand let you know that We are, and have ever been satisfied
fully in Our Judgement and Conscience, both for the Reformed Religion
and against the Roman; and that by Gods Grace and Goodness, We purpose
both to live and die in the belief and practice of the Religion now
established, and to preserve it in full strength, according to the Laws
of that Our Kingdom: and to the end that this may appear to Posterity,
how firm and settled We are in that Our Religion, We require you Our
Commissioner and Council to see these Letters registred according to
course.

Given at Our Court at Oatlands, July 30. 1638.

       *       *       *       *       *

1638.—July 30.

59. _Declaration by the King._[84]

CHARLES R.

The great Distractions which of late have risen both in Kirk and
Commonwealth, in this Our ancient Kingdom, have so troubled the
minds of many of Our good and loyal Subjects there, that they have
been possessed with Fears as if Popery had been intended to have
been introduced, and as if We Our Self were that way inclined: upon
occasion of which Fears a Covenant or Bond of late hath been drawn up,
intended by the Subscribers (as doth appear by their Supplication,
presented to Our Commissioner the 26th of June last) for conserving
the Religion and Laws of the Country; but it not being done by Royal
leave and Authority, as was that in Our dear Fathers time, must be
both null and void of it self, and much prejudicial to the ancient
and laudable Government of Kirk and Commonwealth: Therefore We for
obviating those Fears, which have been misconceived, both against Our
Person and Profession, for matters of Religion, and to satisfie not
our loving Subjects only, but all the Christian World, that We do, and
(by Gods Grace) ever will maintain the true Christian and Reformed
Religion, established in this our Kingdom, and to let the World see,
that this shall be done in and with all freedom according to the Laws
of Our Country, have signed the Confession of Faith, established by Act
of Parliament An. 1557, with this Bond following, in defence of it,
and Royal Authority, Laws, and Liberties of the Country; and do also
require the present Subscription of this Confession and Bond by all Our
loving Subjects, that it may remain in force to Posterity, that they
may know how careful We are, and have been to preserve the integrity of
Religion, and the freedom of Our Laws.

       *       *       *       *       *

1638.—August 13.

60. _Declaration by Hamilton to the Privy Council._[85]

MY LORDS,

I thought it fit to acquaint your Lordships before I returned His
Majesties Answer to the Noblemen, and others petitioning for the same,
which is so full of Grace and Goodness, that we have all cause to bless
God, and thank His Majesty for it: such is his tender care of this poor
distracted Kingdom, that he will leave nothing undone, that can be
expected from a Just Prince, to save us from Ruine; and since he finds
such Distraction in the Church and State, that they cannot be well
settled without a Parliament and Assembly, the state of the Country and
business being prepared for it, he hath given me Warrant for calling
of both, that they may be orderly held, as formerly they have been,
according to the Laws and Customs of the Kingdom.

And further I am to declare to your Lordships, that this we are to
attribute only to His Goodness, for we cannot but acknowledge, that our
carriage hath been such, as justly we might have expected that he would
have taken another course with us: which he was Royally and really
prepared for, (had not His Mercy prevailed above His just Indignation)
and by a powerful and forcible way have taught us Obedience, which he
hath forborn to make use of merely out of His Grace and Goodness. It is
our duty to let His Subjects know, how great our obligation is to Him,
which every one of us in particular, and all of us in general, should
strive to make every one sensible of; and labour, so far as lieth in
our power, to procure satisfaction to His Majesty, and quiet to this
distracted Church and State.

       *       *       *       *       *

1638.—August 25.

61. _Articles of Advice, by Hamilton and other Peers, to the King._[86]

Since the cause and occasion of all the Distractions, which of late
have happened both in Kirk and Polity, seems to proceed from the
conceived Fears of Innovation of Religion and Laws, and that the
Service-Book, Book of Canons, and the unbounded power of Bishops in the
High Commission (never yet warranted by Law) was that which first gave
ground and occasion to the Subjects Fears, and seeing the said Books
are offered to be proved, to be full of Tenets and Doctrines contrary
to the Reformed Religion, professed and established within this
Kingdom, and the same introduced against all form and custom practised
in this Church; it were an Act of Justice well beseeming so Gracious
and Glorious a King, absolutely and fully to discharge the same.

And seeing likewise this High Commission hath given so great offence to
so many of your Majesties good Subjects, and as is constantly affirmed,
is of so vast and illimited a power, and contrary to express Laws, by
which all such Judicatories, not established by Act of Parliament, are
declared to be of no force; it would much conduce to the satisfaction
of this People, if this Judicatory were discharged till the same were
established by Law.

The practice of the Five Articles of Perth hath been withstood by the
most considerable part of the Subjects of all qualities, both Laity and
Clergy, whereby great Divisions have been in this Church, and are like
to have an increase, if Your Majesty, (in Your accustomed goodness and
care of this poor Kirk and Kingdom) shall not be graciously pleased
to allow that the pressing of these Articles may be forborn until the
same may be considered of in an Assembly and Parliament; and although
we conceive Episcopacy to be a Church-Government most agreeable with
Monarchy, yet the illimited power which the Lords of the Clergy of this
Kingdom have of late assumed to themselves, in admitting and deposing
of Ministers, and in divers others of their Acts and Proceedings, gives
us just ground humbly to beg, that Your Majesty may be pleased to remit
to the Consideration of the Assembly this their unwarranted Power.

The sense and apprehension of these foresaid Evils, hath stirred up the
Subjects without warrant of Authority, to join in a Bond and Covenant
to withstand the foresaid Innovations, and for maintainance of the true
Religion, the Kings Majesties Person, and of one another in the defence
thereof.

If your Majesty might be graciously pleased in supplement hereof, to
allow or warrant such a Confession of Faith, with such a Covenant or
Bond joyned thereto, as that signed by Your Majesties Father, and by
His Command, by the Council and most part of the Kingdom, we are very
confident the same would be a ready and forcible mean to quiet the
present Disorders, at least to satisfie most part; and if Your Majesty
shall condescend to the foresaid Propositions, we are hopeful, if
not confident, it shall give so great content to so considerable a
number of Your Majesties good Subjects, of all qualities, that if any
shall stand out, or withstand Your Majesties Royal Pleasure, after the
publication thereof, they may be overtaken by Your Majesties Power
within this Kingdom, without the help or assistance of any Force
elsewhere.

And because it is to be hoped, that all that hath past in this
business, and all the Courses that have been taken herein by the
Subjects, hath proceeded from the foresaid Fears of Innovations, and
not out of any Disloyalty or dissatisfaction to Soveraignty, and that
Your good People may still taste the fruits of Your Grace and Goodness,
we wish Your Majesty may be graciously pleased, upon the Word of a
King, to pardon what is past, and never so much as to take notice of
any of the Actions or Proceedings of what person soever, who after this
shall carry himself as becomes a dutiful Subject, and in testification
thereof shall give his best assistance for settling the present
Disorders.

And if Your Majesty may be pleased to condescend hereto, we conceive
all Your Majesties Subjects, Petitioners or Covenanters, should
acquiesce, and rest heartily satisfied therewith; and if any shall be
so foolish or mad, as notwithstanding this Your Majesties grace and
goodness, still to disturb the Peace of Your Majesties Government, we
in testification of our hearty thankfulness to our Soveraign, by these,
humbly and heartily make offer of our Lives and Fortunes, for assisting
Your Majesty, or Your Commissioner, in suppressing all such Insolences
or insolent persons.

  Signed
  Hamilton.
  Roxburgh.
  Traquair.
  Southesk.

       *       *       *       *       *

1638.—September 9.

62. _New Instructions by the King to Hamilton._[87]

CHARLES R.

I. You shall in full and ample manner, by Proclamation or otherwise,
as you shall see cause, declare, That We do absolutely revoke the
Service-Book, the Book of Canons, and the High Commission.

II. You shall likewise discharge the practice of the Five Articles of
Perth, notwithstanding the Act of Parliament, which doth command the
same, and in the said Proclamation you shall promise, in Our Name, that
if in the first Parliament to be held the three Estates shall think fit
to repeal the said Act, We shall then give Our Royal Assent to the said
Act of Repeal.

III. You shall likewise declare, that We have enjoyned, and authorized
the Lords of Our Privy Council to subscribe the Confession of Faith,
and Bond thereto annexed, which was subscribed by Our dear Father, and
enjoyned by His Authority in the year 1580. and likewise have enjoyned
them to take order, that all our Subjects subscribe the same.

IV. You shall likewise declare, that Our meaning and pleasure is,
that none of Our Subjects, whether Ecclesiastical or Civil, shall
be exempted from censures and trial of the Parliament, or General
Assembly, those Courts proceeding against them in due form and order of
law.

V. You shall likewise declare, That we are Graciously content, that the
Episcopal Government, already established, shall be limited with such
Instructions, as may stand with the Laws of this Church and Kingdom
already established.

VI. You shall offer a Pardon by Proclamation, and promise in it a
Ratification of the same in Parliament, to all Our good Subjects, who
shall rest satisfied with this Our gracious Declaration, and hereafter
carry themselves as becomes peaceable and dutiful Subjects.

VII. You shall procure an Act of Council, wherein every Councellour
shall declare himself fully satisfied with this our Declaration,
and (if you can) they shall moreover solemnly swear and protest to
adhere to Us, and with their Lives, Fortunes, and whole Means, assist
Us in the punishing and repressing all such as shall be found to be
disobedient to Us, or persist in turbulent and unpeaceable Courses; and
if any of Our Councellours shall refuse so to doe, you shall presently
remove him from the place of a Councellour.

VIII. You shall likewise require every Lord of the Session to subscribe
the Confession of Faith abovementioned, and the Bond thereunto annexed;
as likewise to make the same Protestation in all things, as in the last
Instruction is required of a Councellour: and if they shall refuse to
doe it, you shall then certifie to Us the names of such Refusers.

IX. You shall likewise declare, that Our Pleasure is, That a most
solemn Fast be indicted upon a set day throughout the whole Kingdom,
which shall precede the General Assembly in some competent time. The
Causes shall be declared, to beg Gods blessing on that Assembly, to beg
of God a peaceable end to the Distractions of this Church and Kingdom,
with the aversion of Gods heavy judgement from both. The form of
Indiction we desire to be according to the most laudable Custom of this
Church in most extraordinary cases.

X. You shall labour as much as in you lieth, that both the Electors,
and Persons elected to be Commissioners at the General Assembly, shall
be the same that were wont to be in My Fathers time, and the same forms
to be observed as near as may be: but yet if that cannot be obtained,
it shall be no lett to you from indicting a General Assembly; but you
shall go on in it, by all such means, as you shall find to be most
advantageous to Me in that Service.

XI. The time and place of the Assembly, (Edinburgh only excepted) We
leave to your Judgment and Pleasure.

XII. You shall likewise presently indict a Parliament; the time and
place We leave likewise to you.

XIII. Whether you shall first publish Our Gracious Offers, or first
indict the Assembly, We leave it to your own Judgment as you shall see
cause.

XIV. If you shall find the most considerable part of the Council not
to acquiesce in this Our Gracious Declaration, and not to promise
hearty and chearful Assistance to Us, as is above expressed, or not a
considerable part of other Lords and Gentlemen, in case Our Council
refuse, then you shall neither indict Parliament nor Assembly, nor
publish any of My Gracious Offers, except only the abolishing of the
Service-Book, Book of Canons and High Commission; but leave them to
themselves, and to such further Order as We shall be forced to take
with them; only if you foresee a Breach, you shall give timely warning
thereof, to such as have stood well-affected to Our Service, that so
they may in due time provide for their safety, and your self is to
return to Us with expedition.

XV. You must by all means possible you can think of be infusing
into the Ministers, what a wrong it will be unto them, and what an
oppression upon the freedom of their Judgements, if there must be such
a number of Laicks to overbear them, both in their Elections for the
General Assembly and afterwards.

XVI. Likewise you must infuse into the Lay-Lords and Gentlemen with
art and industry, how manifestly they will suffer, if they let the
Presbyters get head upon them.

XVII. For the Forms of these We leave to you, and such Learned Council
as you shall use upon the place, always provided, that you retain the
substance of these Our Instructions.

XVIII. You shall enjoyn in Our Name the Lords of Council, and all other
Our good Subjects to subscribe the Confession of Faith signed by Our
dear Father; and publish Our charge to all Commissioners and Ministers
for that end, according to the same, signed with Our Royal Hand; and
further proceed in that particular, according as We have directed you,
and Our Council by Our Letter to that effect.

  CHARLES R.
  Oatlands the 9ᵗʰ
  of Septemb. 1638.

       *       *       *       *       *

1638.—September 9.

63.—_Instructions as to the Bishops._[88]

CHARLES R.

You shall shew My Lord of St Andrews, that We intend by being content
with his demission of the Chancellours Place no injury to him, and
most willing We are, that in the manner of doing it he may receive no
prejudice in his reputation, though we cannot admit at this time of
his nominating a Successor; and to make it more plain, that We are far
from having any thought to affront him, by thinking of his demission,
We will in no ways that you urge him to do it; yet you are to intimate
that in Our opinion a fair demission will prove more to the advancement
of Our Service, and be better for him, than if he should retain the
Place.

If you find him willing to demit, you shall then try what consideration
he doth expect from Us, and if the same be not altogether unreasonable,
you shall promise it in Our Name.

If a demission, then it is presently to be done.

If he resolve to hold that Place, then you must presently command his
repair to Scotland, all excuses set apart.

You shall communicate to him and the rest of his Brethren, that far of
Our Intentions, that it is probable you may indict a General Assembly.

That We are content absolutely to discharge the Books of Service, and
Canons, and the High Commission.

You shall shew that the Five Articles of Perth We are pleased be
esteemed as indifferent, and that though We maintain Episcopacy, yet We
will be content that their Power be limited according to the Laws.

And it is Our further Pleasure, that if an Assembly be indicted,
he and the rest of his Brethren be there, to defend themselves and
their Cause: and for that end, that he and they repair to Newcastle,
Morpeth, or Berwick, there to attend your further advertisement, that
so immediately they may repair to Scotland, not only to answer for
themselves at the said Assembly, but likewise to consult with you, what
will be fittest to be done, for the advancement of Our Service that
evil may be kept off, so much as in you and them lieth, both from Kirk
and Commonwealth.

  C. R.
  Oatlands the 9ᵗʰ September, 1638.

       *       *       *       *       *

1638.—September 9.

64. _Proclamation._[89]

Charles, by the grace of God, King of Scotland,
England, France, and Ireland, defender of the faith.
To our Lovits ______________________________________
____________________________________________________ Messengers, Our
Sheriffs, in that part conjunctly and severally specially constitute,
greeting. Forsomuch as the cause and occasion of all the distractions
which have happened of late both in Church and Common-weale of this
Our Kingdome, have proceeded from the conceived fears of innovation
of Religion and Lawes: To free all our good Subjects of the least
suspition of any intention in Us to innovate any thing, either in
Religion or Laws; and to satisfie, not only their desires, but even
their doubts: We have discharged, and by these presents do discharge
the Service book, book of Canons, and high Commission, and the practice
of them, or any of them; and by these presents annuls and rescinds all
acts of Councell, Proclamations, and other acts and deeds whatsoever
that have been made or published, for establishing them, or any of
them: and declares the same to be null, and to have no force nor effect
in time coming. And being informed, that the urging of the practice
of the five Articles of Pearth Assembly, hath bred great distraction
and division in the Church and State, We have been graciously pleased
to take the same into Our consideration; and for the quiet and peace
of Church and State, do not only dispense with the practice of
the saids Articles, but also discharge, like as by these presents
Wee discharge all and whatsoever persons from urging the practice
thereof, upon either laicke or ecclesiasticall person whatsoever.
And We doe hereby free all Our Subjects from all censure and pain,
whether ecclesiasticall or secular, for not urging, practising, or
obeying the same, notwithstanding of any thing contained in the acts
of Parliament, or generall Assembly to the contrarie. And because
it hath been, to the disgrace of government, disperst and surmized
throughout this Our Kingdome, that some of Our Subjects have exercised
such illimited and unwarranted power, and have held themselves eximed
from censure and punishment, to which others Our Subjects are lyable:
We do by these presents declare, that if any of Our Subjects, whether
ecclesiasticall or civill, of whatsoever qualitie, title, or degree,
have, or shall at any time presume to do any such act, or assume to
themselves any such exemption or power, That they shall, like as by
these presents We make and ordain them to be lyable to the tryall and
censure of Parliament, generall Assembly, or any other judicatories
competent, according to the nature and qualitie of the offence. And
for the free entrie of Ministers, that no other oath be administrate
unto them, than that which is contained in the act of Parliament. And
to give Our Subjects full assurance, that we never intend to admit of
any change or alteration in the true Religion already established and
professed in this Our Kingdome, And that all Our good people may be
fully and clearly satisfied of the realitie of Our intentions towards
the maintenance of the truth, and integrity of the said Religion: Wee
have thought fit and expedient to enjoyn and authorize, like as We
by these presents do require and command all the Lords of Our privie
Councell, Senatours of the Colledge of Justice, Judges, and Magistrates
to burgh and land, and all Our other Subjects whatsoever, to subscribe
and renew the Confession of Faith, subscribed at first by Our dear
Father and his houshold, in the yeare of God, 1580. Thereafter by
persons of all ranks, in the year 1581. by ordinance of the Lords of
secret Councell, and acts of the generall Assembly. Subscribed again
by all sorts of persons in the year, 1590. by a new ordinance of
Councell at the desire of the generall Assembly, with their generall
band of maintenance of the true Religion, and the Kings person. And
for that effect we do require the Lords of Councell to take such
course, anent the foresaid confession and generall band, that it may be
subscribed and renewed throughout the whole kingdome, with all possible
diligence. And because we will not leave in Our Subjects mindes the
least scruple or doubt of our royall intentions and reall resolutions,
Wee have given warrant to Our Commissioner to indict a free generall
Assembly to be holden at Glasgow the twentie one day of November, in
this present year, 1638. And thereafter a Parliament to be holden at
Edinburgh the fifteenth day of May, Anno 1639. for setting a perfect
peace in the Church, and Common-weale of this Kingdome. And because it
is likely that the disorders and distractions which have happened of
late, have been occasioned through the conceived fears of innovation
of religion and laws, and not out of any disloyalty or disaffection to
Soveraignty: We are graciously pleased absolutely to forget what is
past, and freely to forgive all by-gones to all such as shall acquiesce
to this Our gracious pleasure, and carry themselves peaceably as
loyall and dutifull Subjects, and shall ratifie and approve the same
in Our next ensuing Parliament. And that this Assembly may have the
better successe, and more happy conclusion, Our will is that there be
a solemne fast proclaimed and kept by all Our good Subjects of this
kingdome, a fourteen daies before the beginning of the said Assembly:
the causes thereof to be a begging a blessing from God upon that
Assembly, and a peaceable end to the distractions of this church and
kingdome, with the aversion of Gods heavie judgement from both. And our
pleasure is that this fast be kept in the most solemne manner as hath
been in this Church at any time heretofore upon the most extraordinary
occasion.

OUR WILL is herefore, and we charge you straitly and command, that
incontinent these our letters seen, ye passe, and make publication
hereof by open proclamation at the market crosses of the head burrows
of this kingdome, where-through none pretend ignorance of the same.

  Giuen at our court of Oatlands, the ninth day of
  September, 1638.

  _Per Regem._

       *       *       *       *       *

1638.

65. _A Direction by Covenanters for Presbyteries._[90]

1. That every Presbyterie have a copie of the Act made at Dundie the
seventh of March 1597. concerning the number of Commissioners; the
tenour whereof followeth:—

Because there hath beene no order hitherto anent the number of
Commissioners to be directed from everie Presbyterie to the Generall
Assemblie, therefore it is statuted and ordained, that in all time
comming three of the wisest and gravest of the Brethren shall be
directed from everie Presbyterie at the most, as Commissioners to
everie Assemblie and that none presume to come without Commission: And
likewise, that one bee directed from everie Presbyterie in name of the
Barons, and one out of everie Burgh, except Edinburgh, which shall have
power to direct two Commissioners to the Generall Assemblie.

2. That everie Presbyterie have a copie of the Commission, to be given
to the Commissioners; the tenour thereof followes.

T. T. ____ the ____ day of ____ The which day after calling upon
the name of God, We the members of the Presbyterie of ____ having
diligently considered the manifold corruptions, innovations, and
disorders, disturbing our peace, and tending to the overthrow of our
Religion, and Liberties of the reformed Church within this Realme;
which hath come to passe, especially through the want of the necessarie
remedie of Generall Assemblies, as well ordinarie as _pro re nata_,
injoyned by this Church for many yeares, and ratified by Act of
Parliament, And now expecting shortly by the mercie of God the benefit
of a free Generall Assemblie, do by these presents nominate and appoint
____ Minister of ____ as also ____ in name of the Burrowes, conjunctly
and severally our lawfull Commissioners, giving and granting unto them
our full power, Commission, and expresse charge, to repaire to the said
Assemblie at the day and place, when and where it shall happen to sit,
in any safe and commodious place within this Kingdome, and there with
the rest who shall be authorised with lawfull Commission, in our name
to propone, treat, reason, vote, and conclude, according to the word of
God, and confession of faith approved by sundrie Generall Assemblies,
and received throughout the whole Kingdome in all Ecclesiasticall
matters, competent to a free Generall Assemblie, and tending to the
advancement of the Kingdome of Christ, and the good of Religion, as
they will answer to God, and his Church thereupon, and to report to us
their diligence therein. In testification of this our Commission and
charge, we have subscribed these presents with our hands, and which
they have accepted with the lifting up of their hands.

3. That everie Church Session send one of the most qualified Elders
unto the Presbyterie the day of chusing Commissioners to the Generall
Assemblie: That by common consent of the Ministers and those Elders
present in the Presbyterie, there may bee chosen both the Commissioners
for the Ministers, and also some well affected and qualified Nobleman,
or speciall Gentleman, being an Elder of some particular Church
Session within that Presbyterie, in name of the Barons: For this is
the constitution of the Presbyteries, (otherwise called Elderships)
appointed by the Church in the books of discipline, Acts of the
Generall Assemblie, practised for many yeares after the reformation,
and ratified in the Parliament, the twelfth of King James the 6. and
never since altered nor rescinded; neither can be with reason altered,
seeing that same is the constitution of the supreme and Generall
Assemblies, and of the inferiour and Church Sessions, as is at more
length cleared by some reasons.

4. That such as are erroneous in doctrine, or scandalous in life, be
presently processed, that they be not chosen Commissioners; and if
they shall happen to be chosen by the greater part, that all the best
affected, both Ministers and Elders, protest and come to the Assemblie
to testifie the same.

5. To send to everie Presbyterie a copie of the printed reasons for an
Assemblie.

6. That Moderators by vertue of their office bee not Commissioners to
the Assemblie, except they be chosen.

7. That the Presbyteries in one of the ordinarie meetings, appoint
to conveene solemnely after the twentieth of September, either upon
the 21. 22. 23. 24. or 25. for chusing of their Commissioners to the
Assemblie, and for to send them hither to Edinburgh before the first
of October, or so soone as they can, that with common consent, they
may receive the Kings last answer, and advise upon the next lawfull
remedies, in their extreme necessities of Church and State.

That in the Fast to be observed on the sixteenth day of September, the
second day preceding their election, they may crave God’s direction
therein.

       *       *       *       *       *

1638.—September 22.

66. _Letter from the King to Hamilton._[91]

HAMILTON,

If I should be too long silent, I seem to contradict that Rule which
myself prescribed; therefore, though for the present I can say
nothing of the main business, yet this must go if it were but to
acknowledged the receipt of your two—viz., of the 12ᵗʰ of September
from Ferribridge, and of the 17ᵗʰ of the same from Holyrood-house. So
referring you to the Comptroller for what concerns the Ordnance that is
to be transported to Hull, I rest

  Your assured constant Friend,
  CHARLES R.

  Hampton-Court,
  22 Sept. 1638.

       *       *       *       *       *

1638.—September 22.

67, 68.—_Proclamations._[92]

At Holy-rood-house the 22. day of September 1638. Forsomuch as it hath
pleased the Kings Majestie, out of his pious and religious disposition
to the true Religion, and out of his fatherly care, for removing of
all feares, doubts, and scruples, which may arise in the mindes of his
subjects, for preservation of the puritie thereof, and upon divers
great and weightie considerations, importing the glory of God, the
peace of the Kirke and Common-weale of this kingdome, to appoint and
give order, that a free generall Assembly be indicted, kept, and holden
at the Citie of Glasgow the 21. of November next. Therefore the Lords
of secret Councell ordaines letters to be direct, charging Maissars,
and Officers of Armes, to passe and make publication hereof by open
Proclamation at the Market Crosse of Edinburgh, and the head Burrowes
of this Kingdome, and other places needfull. And to warne all and
sundry Archbishops, Bishops, Commissioners of Kirkes, and others having
place and vote in the Assembly, to repaire and addresse to the said
Citie of Glasgow the said one and twentieth day of November next to
come, and to attend the said Assembly induring the time thereof, and
aye and while the same be dissolved, and to doe and performe all which
to their charges in such cases appertaineth, as they will answer to the
contrarie at their highest perill.

At Holy-rood-house the 22. day of September 1638.

Forsomuch as it hath pleased his Majestie, out of his pious and
religious disposition to the true Religion, and out of his fatherly
care for removing of all feares, doubts, and scruples which may arise
in the mindes of his subjects, for preservation of the puritie thereof,
and upon divers other great and weighty causes, importing the glory
of God, the peace of the Kirke and Common-weale of this Kingdome,
to appoint and give order, that the Soveraigne and High Court of
Parliament shall be holden at the Citie of Edinburgh upon the 15. day
of May next to come, with continuation of dayes: Therefore the Lords of
secret Councell ordain letters to be direct to Maissars and officers
of Arms, charging them to passe to the market Crosse of Edinburgh,
and other places needfull, and there by open Proclamation to make
publication of the holding of the said Parliament, and to warne all
and sundry Noblemen, Prelates, and Commissioners for the Barons and
Burrowes, and all others having voice and place in the said Parliament,
that they and every one of them, in their most decent and comely
manner, make their addresse to the said Parliament, attend and await
thereat during the time thereof, and to discharge that duty which is
incumbent to them, and each one of them, as they will answer on the
contrary at their perill.

       *       *       *       *       *

1638.—September 22.

69. _Letter from the King to the Privy Council._[93]

Apud Holy-rood-house Septemb. 22. 1638.

The which day James Marquesse of Hamiltoun His Majesties Commissioner,
produced and exhibited before the Lords of Privie Councell, the two
Missive underwritten, signed by the Kings Maiestie, and directed to the
said Lords, which being read, heard and considered by the said Lords,
They have ordained, and ordaines the name to be inserted and registred
in the books of secret Councell, therein to remaine _ad futuram rei
memoriam_, whereof the tenour followeth.

  CHARLES R.

Right trusty, &c. being certainly informed that the distractions
which have happened of late, (both in Church and Commonwealth) in
this Our ancient Kingdome of Scotland, have much troubled the minds
of many of Our good and loyall subiects; and that these distractions
have beene occasioned upon jealousies and feares of innovation of
Religion and Lawes, as tending to the introduction of Poperie, and not
without some suspition as if Wee Our selfe were inclined that way;
Upon occasion whereof, many of Our subjects have of late subscribed a
band or Covenant for preserving the true Religion and Lawes already
established, and for defending the Kings person, and each others, in
defence thereof: But the same not being warranted by Royall authority
(as that which was in Our deare Fathers time) must needs of it selfe be
ineffectuall, and much prejudiciall to the ancient Forme and Custome of
government kept within that Our Kingdome of Scotland: Wherefore Wee,
out of Our inborne love to Our said native Countrie, and for obviating
these conceived feares, and satisfying of you and all Our loving
people, have thought good to ordaine the Confession of Faith, and band
subjoyned thereto, of the date at Edinburgh, Januarie 28. 1580. and
signed by Our Royall Father to bee renewed: And to that effect have
given Order to Our Commissioner, with advice of Our Councell, to set
downe and settle some solid course, whereby the same may be subscribed
by Our Councell, Judges, Magistrates of Burroughes, and all other Our
people of that Kingdome. And for further clearing of Our selfe, Wee
declare, That as We are and ever have beene satisfied in Our judgment
and conscience for the reformed Religion now established, and against
the Roman: so Wee purpose, by Gods grace, both to live and die in
the practice thereof, and to preserve and maintaine the same in full
strength and integritie, according to the Lawes of that Our ancient
Kingdome. What We have thought further fitting to be done at this time,
concerning the particulars contayned in Our subjects petitions; you
shall receive Our full pleasure therein from Our Commissioner. And that
this Our Declaration concerning Our selfe, and Our pious intention, for
settling the Reformed Religion within that Our Kingdome may appeare to
posteritie. Our pleasure is, that these presents be registred in the
Books of Councell.

  Oatlands, Septem. 9. 1638.


1638.—September 22.

70. _Act of Council._[94]

The Lords of secret Councell having read and maturely considered his
Majesties letters, and particular declaration of his pleasure anent the
annulling of the Service Book, book of canons, and high Commission,
discharging the pressing of the practice of the five Articles, making
all persons Ecclesiastick and Civill, of what title or degree soever,
lyable to the triall and censure of Parliament, general Assembly, &
other judicatories competent, anent the not administrating to ministers
at their entry any other oath than that which is contained in the
act of Parliament anent the subscribing and renewing the confession
of faith, subscribed by his Majesties Father of blessed memory, and
his houshold, in Anno 1580. and band following thereupon, anent the
indiction of a generall Assembly, to be holden at Glasgow the 21. day
of November 1638, and Parliament at Edinburgh the 15 of May, 1639.
and anent his gracious goodnesse in forgetting and forgiving all
by-gones, and indiction of a fast for craving of God’s blessing to
this Assembly; finde themselves so fully satisfied therewith, and the
same to be so satisfactorie for removing all the fears of the subjects
anent innovation of religion or laws, that we hold our selves bound
in dutie, not only to acquiesse therewith, as the best mean to secure
both religion and laws, but also to use our best endeavours, that all
his Majesties good subjects may likewise rest satisfied therewith. And
that they with us, and we with them, may testifie our thankfulnesse
for so great a grace and goodnesse with all the hearty expressions
of dutifulnesse and loyalty, and that our true sense hereof may the
more clearly appear to our Sacred Soveraigne; We do by these humbly
and heartily make offer of our lives and fortunes in the defending
and assisting of his Majesties sacred person and authority; in the
maintenance of the foresaid religion and confession, and repressing of
all such as shall hereafter presse to disturbe the peace of this Kirk
and Kingdome.

In witnesse whereof we have heartily and freely subscribed these
presents with our hands. At Halyrude-house the 22 day of September.
1638.

  _Sic Subscribitur._

HAMMILTOUN.

  Traquaire, Roxburgh, Mairsheall, Mar, Murray, Linlithgow, Perth,
  Wigtoun, Kingorne, Tullibardin, Hadington, Annandail, Lauderdail,
  Kinnoul, Dumfreis, Southesk, Belheaven, Angus, Lorne, Elphinstoun,
  Naper, Dalyell, Amont, J. Hay, S. Thomas Hope, S. W. Elphinstoun, Ja.
  Carmichael, J. Hammiltoun, Blackhall.


1638.—September 22.

71. _The Protestation of the Noblemen, Barons, Gentlemen, Burrowes,
Ministers, and Commons, the 22. September 1638_ [after the reading of
the Proclamation dated September 9.][95]

Wee Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons,
his Majesties true and loyall subjects, That whereas our continuall
supplications, complaints, articles, and informations, presented,
first, to the Lords of his Majesties Privie Councell; next, to
his sacred Majestie, and last, from time to time to his Majesties
Commissioner, our long attendance and great patience this twelvemonth
bygone, in waiting for satisfaction of our most just desires, our zeale
to remove all rubs out of the way, which were either mentioned unto us,
or could be conceived by us, as hinderances of our pious intentions,
aiming at nothing but the good of the Kingdome, and preservation of
the Kirk, which by consumption or combustion is likely to expire;
delighting to use no other meanes but such as are legall, and have
beene ordinarie in this Kirk since the reformation, and labouring
according to our power and interesse, that all things might be carried
in a peaceable manner, worthy of our Profession and Covenant, our
Protestation containing a hearty thanksgiving for what his Majesty in
his Proclamation from his justice had granted of our just desires,
and our Protests and hopes for so much as was not as yet granted:
All these made us confidently to expect from his Majesties royall
and compassioned disposition towards this his native Kingdome, that
a free Generall Assembly and Parliament should have beene indicted,
as the ordinary and most proper remedies of our grievances, and
did constraine us to renew our petition, earnestly intreating that
his Majesties Commissioner would be pleased to represent unto his
Majesty the condition of this Kirk and Kingdome, crying in an extreme
exigencie for present help, with the lawfulnesse of the remedies
prescribed by his Majesties Lawes, required by us, and presented to
him in some particular Articles, which his Grace promised to recommend
to his Majestie, and to doe his best endeavours for obtaining the
same; especially the first Article, that there might be indicted a
full and free Generall Assembly, without prelimitation, either in
the constitution and members thereof, in the order and manner of
proceeding, or in the matters to be treated: And if there should be
any question or doubt about one of these, or such like particulars,
that the determination thereof might be remitted to the Assembly it
selfe, as the only proper and competent Judge. And now, after so
many supplications, complaints, articles, and informations; after
our necessary protestation, expressing the humble thankfulnesse and
continued desires of our hearts; after so long expectation, and so
much dealing, having with open eares and attentive minds, heard his
Majesties Proclamation, It is our desire, purpose, and endeavour so
to proceed, that we may upon the one part still be thankfull to God
and the King for the least blinke of his Majesties countenance, and
the smallest crums of comfort that fall unto us from his Majesties
Royall hands; beseeching the Lord yet farther to inlarge his Majesties
heart, for our full satisfaction and rejoicing, to the honour of God,
the good of this Kirk and Kingdome, and his Majesties never dying fame
and glory; that his wise government and zeale to the service of God
may be a measure and patterne of desires to all generations hereafter,
when they shall be wishing for a religious and righteous King: And
on the other part, that Christ our Lord, the King of kings, through
our neglect or luke-warmnesse may want no part of his Soveraignty and
Dominion, and that in our Religion, which is more dear unto us then
our lives, we deceive not our selves with that which cannot satisfie
and make up the breach of this Kirke and Kingdome, or remove our
feares, doubts, and suspicions of the innovations of Religion: This
hath made us to observe and perceive, that his Majesties Proclamation
doth ascribe all the late distractions of this Kirke and Common-wealth
to our conceived feares of the innovation of Religion and Law, as the
cause and occasion thereof, and not to the innovations themselves, with
which we have beene for a long time, and especially of late, heavily
pressed and grieved; as if the cause were rather in apprehension and
fancie, then in reality and substance. That the Service book and booke
of Canons are not so far discharged by this Proclamation, as they
have beene urged by preceding Proclamations; for this Proclamation
onely dischargeth the practice of them, and rescinds the Acts made
for establishing their Practice, but doth not rescind the former
Proclamations, namely, that of the 19 of February at Stirling, and that
of the fourth of July at Edinburgh, which give an high approbation to
these Books, as fit meanes to maintaine Religion, and to beat down all
superstition; and withall declares his Majesties purpose, to bring them
into this Kirk in a faire and legall way: And thus both our feares that
they may be introduced hereafter, must still remaine; and the libertie
of the Generall Assembly by such a Declaration of his Majesties
judgement, is not a little prejudged in the minds of so many as wisely
consider and compare the preceding Proclamations with this which we now
heare, although others who looking upon one step and not upon the whole
progresse, run on rashly, and neither considering what they are doing,
nor with whom they are dealing, may be easily deceived _Qui pauca
videt, citò judicat_, a short sight maketh a sudden judgement.

That it is declared in this Proclamation, That his Majesty neither
intendeth to innovate any thing in Religion or Lawes, or to admit of
any change or alteration in the true Religion already established and
professed in this Kingdome: and withall, this is interposed, That
the articles of Pearth are established by the acts of Parliament and
generall Assembly, and dispensation of the practice only granted,
and discharge given, that no person be urged with the practice
thereof; and consequently, his Majesties intention for the standing
of the Acts of the Assembly and Parliament, appointing the Articles
of Pearth, is manifest; which is no small prejudice to the freedome
of the Generall Assembly, That while the Proclamation ordaineth all
his Majesties subjects to be liable to the triall and censure of the
judicatories competent, and that none of them shall use any unlimited
and unwarranted power; likewise that no other oath be administred to
Ministers at their entrie, then that which is contained in the Act
of Parliament; in both these Articles the Bishops are meaned, who are
only thereby for the present curbed, against their exorbitancie and
enormities in exercing their office: but the office of Bishops is
thereby not only presupposed as unquestionable, but also so strongly
established, that his Majestie declareth, for the present, his
intention, to admit no innovation therein: which is more evident by
the indiction of the Parliament, warning all Prelats to be present,
as having voice and place in Parliament; and by the indiction of the
Assembly, warning all Archbishops and Bishops (for so are their divers
degrees and offices Ecclesiasticall here designed and supposed) to be
present, as having place and voyce in the Assembly, contrary to the
caveats, acts of the Kirk, and our declinator: And thus a third and
great limitation is put upon the Generall Assembly. The Proclamation,
by reason of these many reall limitations, and prejudices of the
liberty of the Assembly in the very points which have wrought so
much woe and disturbance in this Kirk and Kingdome, and wherein the
liberty of the Assembly is most usefull and necessary at this time, can
neither satisfie our grievances and complants, nor remove our feares
and doubts, nor cannot (without protestation) be admitted by us his
Majesties subjects, who earnestly desire that Truth and Peace may be
established; and that for the reasons following:—

1. To keepe silence in any thing that may serve for the good of the
Kirk, whether it be in preaching, prayer, or in proposing and voyceing
in a lawfull Assembly of the Kirke, is against the word of God. Esai.
62. 6. “Yee that are the Lords remembrancers, keepe not silence, and
give him no rest till he establish, and till he make Jerusalem a
praise in the earth.” 1. King. 18. 21. “Like the halting of the people
betweene two opinions, and their not answering a word, when the Lord
called them to give a testimony.” Act. 20. 20. “I have keeped backe
nothing that was profitable unto you:” and againe 1 Cor. 12. 7. Mat.
15. 18. Rom. 1. 18. Revel. 2. 14. 20. and 3. 15: and therefore to
keepe silence, or not to meddle with corruptions, whether in doctrine,
sacraments, worship or discipline, in a generall Assembly of the Kirk,
conveened for that end, were the ready way to move the Lord to deny his
Spirit unto us, and to provoke him to wrath against our proceedings,
and might be imputed unto us for prejudice, for collusion, and for
betraying our selves and the posterity.

2. This predetermination is against our supplications and
protestations, wherein we have showne ourselves so earnest for a free
generall Assembly, contrary to every limitation of this kind; so far
prejudging the liberty thereof, is against the Confession of Faith
registrated in the Parliament 1567, declaring that one cause of the
Councels of the Kirk is for good policie and order to be observed in
the Kirk, and for to change such things as men have devised when they
rather foster superstition then edifie the Kirke, using the same; and
is against our late Confession, wherein we have promised to forbeare
all novations till they be tryed, which obligeth us to forbeare now,
and to try them in an Assembly, and by all lawfull meanes to labour
to recover the former purity and liberty of the Gospel, to which this
limitation is directly repugnant, our liberty in a Generall Assembly
being the principall of all lawfull meanes serving to that end.

3. This were directly contrary to the nature and ends of a generall
assembly, which having authority from God, being conveened according
to the lawes of the Kingdome, and receiving power from the whole
collective body of the Kirke, for the good of Religion, and safety
of the Kirke; whatsoever may conduce for these good ends in wisdome
and modesty should be proponed, examined, and determined without
Prelimitation, either of the matters to bee treated, or of the liberty
of the members thereof. It being manifest, that as farre as the
assembly is limited in the matters to bee treated, and in the members
to be used, the necessary ends of the Assembly, and the supreme Law,
which is the safety of the Kirke, are as far hindered, and pre-judged.

This limitation is against the Discipline of the Kirke, which Booke
2. chap. 7. declareth this to be one of her liberties, That the
Assembly hath power to abrogate and abolish all Statutes and ordinances
concerning Ecclesiasticall matters that are found noysome and
unprofitable, and agree not with the time, or are abused by the people,
and against the acts of the generall assembly. Like as the pretended
Assembly 1610 declareth for the common affaires of the Kirk (without
exception or limitation) it is necessary that there bee yearely
generall Assemblies, And what order can bee hoped for hereafter, if
this assembly indicted after so long intermission, and so many grosse
corruptions be limited, and that more than ever any lawfull Assembly of
the Kirk was, when it was yearly observed.

5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessary
and lawfull forme of all Parliaments that nothing shall be done or
commanded to be done, which may directly or indirectly pre-judge the
liberty of free voicing or reasoning of the Estates, or any of them
in time coming. It is also appointed in Parl. 6. act 92. K. James 6.
that the Lords of Counsell and Session proceed in all civill causes
intended or depending before them, or to be intended, to cause execute
their decrees notwithstanding any private writing, charge, or command
in the contrary, and generally by the acts of Parliament appointing
every matter for its owne judicatorie, and to all judicatories their
owne freedome. And therefore much more doth this liberty belong
to the supreame judicatory ecclesiastick in matters so important
as concerneth Gods honour and worship immediately, the salvation
of the peoples Soules, and right constitution of the Kirk whose
liberties and priviledges are confirmed Parl. 12. K. James 6. Parl.
1. K. Charles, for if it be carefully provided by diverse Acts of
Parliament, especially Parl. 12. act 148. King James 6. That there be
no forstalling or regrating of things pertaining to this naturall life:
What shall be thought of this spirituall forstalling and regrating
which tendeth to the famishing or poysoning of the soules of the people
both now and in the generations afterward.

6. It were contrary to our Protestations, proceedings and complaints
against the late innovations. And it might bee accounted an innovation
and usurpation as grosse & dangerous to us, & the posterity, and
as prejudiciall to Religion as any complained upon by us, to admit
limitations, and secret or open determinations, which belongeth to no
person or judicatory, but to an Assembly, Or to consent to, and approve
by our silence the same predeterminations, It were to be guilty of
that our selves, which we condemn in others. We may easily judge how
the Apostles before the Councell of Jerusalem, the Fathers before the
Nicene Councell, and our Predecessors before the assembly holden at the
Reformation, and afterwards, would have taken such dealing.

That this Proclamation commandeth all his Ma jesties Subjects for
maintenance of the Religion already established to subscribe and
renew the Confession of Faith subscribed before in the yeare 1580 and
afterward. And requireth the Lords of privy Counsell to take such
course anent the same, and the generall Band of Maintenance of the true
Religion, and the Kings person, that it may be subscribed, and renewed
throughout the whole Kingdome with all possible diligence, which cannot
now be performed by us. For although of late we would have been glad
that our selves and other his Majesties Subjects had been commanded by
authority to sweare, and subscribe the generall Confession of Faith
against Popish errours, and superstitions: and now would be glad that
all others should ioyne with us in our late Covenant & Confession,
descending more especially to the novations and errors of the time,
and obliging us to the defence of Religion; and of the Kings Maiesties
person, and authority, and for these ends to the mutuall defence every
one of us of another, Yet can we not now after so necessary, and
so solemne a specification returne to the generall for the reasons
following.

1. No means have been left unassayed against our late Confession of
Faith and Covenant so solemnly sworn and subscribed. For first we
were prest with the rendering and rescinding of our Covenant. Next an
alteration in some substantiall points was urged. 3. A Declaration was
motioned, which tended to the enervation thereof, and now we finde in
the same strain, that we are put to a new triall, and the last mean
is used more subtile than the former: That by this new subscription
our late Covenant, and Confession may be quite absorbed and buried
in oblivion, that where it was intended & sworn to be an everlasting
Covenant never to be forgotten, it shall be never more remembered, the
one shall be cryed up, and the other drowned in the noise thereof,
And thus the new subscription now urged (although in a different way)
shall prove equivalent to the rendering of the Covenant, or what of
that kinde hath before been assayed. Like as the reasons against the
rendring of the Covenant, doe militate directly against this new motion.

2. If we should now enter upon this new Subscription, we would think
our selves guilty of mocking God, & taking his Name in vain, for the
tears that began to be powred forth at the solemnizing of the Covenant
are not yet dryed up and wiped away, and the joyfull noise which then
began to sound hath not yet ceased, and there can bee no new necessity
from us, and upon our part pretended for a ground of urging this new
subscription, at first intended to be an abjuration of Popery upon us
who are knowne to hate Popery with an unfained hatred, and have all
this yeare bygone given large testimony of our zeale against it. As we
are not to multiply miracles on God’s part, so ought we not to multiply
solemne oathes and Covenants upon our part, and thus to play with
oathes, as children doe with their toyes, without necessity.

3. Neither would we in giving way to this new subscription think our
selves free of perjury: for as we were driven by an undeclinable
necessity to enter into a mutuall Covenant, so are we bound, not only
by the law of God and nature, but by our solemn oath and subscription,
against all divisive motions to promove and observe the same without
violation: and it is most manifest, that having already refused to
render, alter, or destroy our Covenant, nothing can bee more contrary
and adverse to our pious intentions and sincere resolutions, than to
consent to such a subscription and oath, as both in the intention of
the urgers, and in the nature and condition of the matter urged, is
the ready way to extinguish, and to drowne in oblivion the Band of our
union and conjunction that they be no more remembred. In this case
we are called to lay seriously to our hearts, 1, That we have sworne
that we shall neither directly, nor indirectly suffer our selves to
be divided and withdrawne from this blessed and loyall conjunction,
which consisteth not only in the generall Confession, but also in
our explanation, & application thereof, but on the contrary, shal by
all lawfull means, labour to further and promove the same. 2. That
our union and conjunction may be observed without violation, (and so
without mutilation of our application) we call the living LORD to
witnesse, as we shall answer to Christ in the great Day, &c.

4. This new subscription, instead of performing our vows, would be a
reall testimony and confession before the World, That we have been
transgressours, in making rash vows, that we repent our selves of
former zeal and forwardnesse against the particulars exprest first in
our Supplications, Complaints, and Protestations, and next abjured in
our Covenant, that we in our judgement prefer the generall Confession
unto this, which necessarily was now made more speciall; and that
we are now under the faire pretext and honest cover of a new oath,
recanting & undoing that, which upon so mature deliberation we have
been doing before. This beside all other evils, were to make way and
open a door to the re-entry of the particulars abjured, and to repent
our selves of our chiefest consolations, and to lie both against God
and our owne soules.

5. It hath been often objected, that our Confession of Faith, &
Covenant was unlawfull, because it wanted the warrants of publick
authority, and it hath been answered by us, that we were not destitute
of the warrant civill and ecclesiasticall which authorized the former
Covenant. And although we could have wished that his Maᵗʸ had added
both his subscription & authority unto it, yet the lesse constraint
from authority and the more liberty, the lesse hypocrisie, and more
sincerity hath appeared: But by this new subscription urged by
authority we both condemn our former subscription as unlawfull, because
alleadged to be done without authority, and precondemn also the like
laudable course in the like necessity to be taken by the posterity.

6. What is the use of merch-stones upon borders of Lands, the like
use hath Confessions of Faith in the Kirk, to disterminate and divide
betwixt Truth and errour: and the renewing and applying of Confessions
of Faith to the present errors and corruptions, are not unlike ryding
of merches. And therefore to content our selves with the generall, and
to return to it, from the particular application of the Confession
necessarily made upon the invasion or creeping in of errors within the
borders of the Kirk, if it be not a removing of the merch stone from
its own place, it is at least the hiding of the merch in the ground
that it be not seen, which at this time were very unseasonable for
two causes. One is, because Popery is so pregnant, and powerful in
this land, as we have learned of late. The other, because the Papists
who upon the urging of the Service book & Canons, have presumed of
our return to Rome, will upon this our subscription arise from their
dispareing of us, unto their wonted presumption. None of us will
deny, but the large Confession of Faith registrated in the Acts of
Parliament, doth by consequence contain this short confession and
abjuration: Yet were it not sufficient against Popery to subscribe the
one without the other: how then shall we think that the more generall
Confession & abjuration at this time, when the urging of such Popish
books hath extorted from us so necessary an application, and doth still
call for a testimony, to be compleat enough without it.

7. The Papists shall hereby be occasioned to renew their old objection
against us, _Annuas & menstruas fides de Deo decernunt_, That our Faith
changeth with the Moon, or once in the yeere. Other reformed Kirks
might justly wonder at our inconstancy in changing our Confession
without any reall necessity, and that in one and the same yeer it
cometh forth larger, & more particular, then shorter, & more generall:
& our Adversaries will not fail to traduce us as troublers of the peace
of the kirk & kingdom without any necessar cause.

8. It will likewise prove a confirmation of their errour, who think
they may both subscribe the Confession of Faith, and receive the
Service book, and Canons, which is not only a direct scandaling of
them, but also a ready way to put a weapon in their hands against our
selves, who maintain and professe that these and such other evils are
abjured in the Confession of Faith.

9. If we should now sweare this Confession, we should be obliged by
our oath to maintain Perth articles, which are the innovations already
introduced in the worship of God, and to maintain Episcopacy, with the
civill places, and power of Kirkmen. Because we are bound to swear
this Confession by vertue of & conform unto the Kings command signed
by his sacred Majesty of the date September 9. 1638. (These are the
very words subioyned to the Confession and Band, and prefixed to the
Subscriptions) and it cannot be denyed, but any oath ministred unto
us, must either be refused, or else taken according to the known mind,
professed intention, and expresse command of Authority urging the
same: And it is most manifest, that His Maiesties minde, intention,
and Commandement, is no other, but that the Confession be sworne, for
the maintenance of religion, as it is already or presently professed,
(these two being coincident, altogether one and the same, not only in
our common form of speaking, but in all His Maiesties Proclamations)
and thus as it includeth, and conteineth within the compasse thereof,
the foresaid novations and Episcopacy, which under that name were also
ratified, in the first Parliament holden by his Majesty. And where it
may be objected, that the Counsellors have subscribed the Confession of
Faith, as it was professed 1580. and will not urge the Subscription in
another sense upon the Subjects. We answer, First, the Act of Counsell
containing that declaration, is not as yet published by Proclamation.
Secondly, if it were so published, it behooved of necessity either be
repugnant to His Majesties declared Iudgement and Command, which is
more nor to sweare without warrand from Authority (a fault although
unjustly, often objected unto us) or else we must affirme the Religion
in the yeare 1580. and at this time to be altogether one and the same;
and thus must acknowledge, that there is no novation of Religion, which
were a formall contradiction to that we have sworne. 3. By approving
the Proclamation anent the Oath to be administred to Ministers,
according to the Act of Parliament, which is to sweare simple obedience
to the Diocesan Bishop, and by warning all Archbishops and Bishops to
be present; as having voice and place in the Assembly: They seem to
determine, that in their Iudgement the Confession of Faith, as it was
professed 1580. doth consist with Episcopacy, whereas We by our oath
have referred the tryall of this or any other question of that kinde
to the generall Assembly & Parliament.

10. This subscription and oath in the mind & intention of authority, &
consequently in our swearing thereof may consist with the corruptions
of the Service book & Canons, which we have abjured as other heads of
Popery: For both this present proclamation, and his Majesties former
proclamations at Linlithgow, Striveling, Edenburgh; The Lords of privy
Counsell in their approbation of the same; and the prelates and doctors
who stand for the Service book & Canons, Doe all speak plainly, or
import so much, That these bookes are not repugnant to the Confession
of Faith; and that the introducing of them is no novation of religion
or law: And therefore wee must either refuse to subscribe now, or we
must confesse contrary to our late Oath, and to a cleare Truth, That
the Service book and Canons are no innovations in Religion. And, though
the present bookes be discharged by proclamation, yet if we shall by
any deed of our own testifie, that they may consist with our Confession
of Faith, within a very short time, either the same bookes, or some
other like unto them, with some small change, may be obtruded upon
us, who by our abiuration (if we adhere unto it) have freed both our
selves, and the posterity of all such corruptions, and have laid a
faire foundation for the pure worship of God in all time comming.

11. Although there be indeed no substantiall difference between that
which We have subscribed, & the Confession subscribed 1580. more
than there is between that which is hid, and that which is revealed;
A march stone hid in the ground, and uncovered, betwixt the hand
closed and open, betwixt a sword scheathed and drawne, or betwixt the
large Confession, registrat in the Acts of Parliament, and the short
Confession, or (if we may with reuerence ascend yet higher) between the
Old Testament & the New, yet as to scheath our sword when it should be
drawn, were imprudency, or at the commandement of Princes, professedly
Popish in their dominions, after the Subiects had subscribed both
Confessions, to subscribe the first without the second, or at the will
of a Jewish Magistrate, openly denying the New Testament, to subscribe
the Old alone, after that they have subscribed both, were horrible
impiety against God, and Treachery against the Truth: Right so, for Vs
to subscribe the former a-part, as it is now urged and framed, without
the explanation and application thereof at this time, when ours is
reiected; and the subscribers of the former refvse to subscribe ours,
as containing something substantially different, and urge the former
upon us, as different from ours, and not expressing the speciall
abiuration of the euils, supplicated against by us, were nothing else,
but to deny and part from our former subscription, if not formally, yet
interpretatively. Old Eleazar, who would not seeme to eate forbidden
meate, and the Confessors and Martyrs of old, who would not seeme by
delivering some of their papers, to render the Bible, or to deny the
Truth, may teach us our duty in this case, although our lives were in
hazard for refusing this Subscription: And who knoweth but the LORD may
be calling His people now, who have proceeded so far in professing His
Truth at this time, to such Trials and Confessions, as His faithfull
witnesses have given of old; that in this point also our doing may be a
document both to the succeeding ages, and to other Kirks, to whom for
the present we are made a spectacle.

12. If any be so forgetfull of his oath (which God forbid) as to
subscribe this Confession, as it is now urged, he doth according
to the proclamation acquiesce in this declaration of his Majesties
will, and doth accept of such a pardon as hath need to be ratified in
Parliament, And thus doth turne our glory unto shame, by confessing
our guiltinesse, where God from Heaven hath made us guiltlesse, and by
the fire of His Spirit from Heaven hath accepted of our service, And
doth depart from the commandement of God, the practise of the Godly in
former times, and the worthy and laudable example of our worthy and
religious progenitours, in obedience whereof, and conform to which, We
made profession to subscribe: for there is no particular Act required
of us, to whom the pardon is presented in this proclamation, but this
new subscription allanerlie.

13. The generall band now urged to be subscribed, as it containeth
many clauses not so fitting the present time as that wherein it was
subscribed, so is it deficient in a point, at this time most necessary,
Of the reformation of our lives, that we shall answerably to our
profession, be examples to others, of all Godliness, sobernesse and
righteousnesse and of every duty we owe to God and man, without which
we cannot now subscribe this Confession, least we loose the bands to
wickednesse, seem to repent of our former resolutions and promises, and
choose to have our portion with hypocrites, professing and swearing
that we know GOD, but in our workes denying him, being abominable,
disobedient, and unto every good work reprobate.

14. Since the narrative of the generall band is now changed, & some
lines, expressing at length the Papists, and their adherents to be
the partie from whom the danger to Religion, and the Kings Majestie
was threatned, are left out, and no designation made of the partie
from whom the danger is now threatned, We are made either to think,
that our subscription at this time is unnecessarie, or to suspect
that we who have supplicated and entred in Covenant, are understood
to be the partie, especially since the Lords of Councell have in the
Act Septemb. 22. ratifying the Proclamation, found themselves bound
to use their best endeavours, that all his Majesties good subjects
may rest satisfied with his Majesties Declaration, since also we have
beene (although undeservedly) challenged of disorders, distractions,
and dangers to Religion, and his Majesties authority; and since in the
foresaid Act, and in the missive directed to his Majestie, the Lords of
Councell offer their lives and fortunes to his Majestie, in repressing
all such as shall hereafter prease to disturbe the peace of this Kirk
and Kingdome; which being expressed in a generalitie is by many applied
to us, and interpreted of our adhering to our Covenant; We should
therefore, by our subscription of the Covenant, as it is now conceived,
both do directly against our owne minds in condemning our selves,
wherein we are innocent, and should consent to our owne hurt, to the
suppressing of the cause which we maintaine, and to the repressing
mutually one of us of another, dirictly contrarie to our former solemne
Oath and subscription.

15. The subscribing of this Confession by the Lords of His Majesties
privie Councell, who by their place and high employment are publike
Peacemakers, and by others who have not subscribed the late Confession,
will make the breach wider, and the lamentable division of this Kirk
more desperate then ever before, some having sworne to labour by all
lawfull meanes to recover the former Libertie, and puritie of Religion,
and others maintaining that for puritie, which is alreadie established;
Some beleeving and professing, that the evils supplicated against,
are abjured in that Confession of Faith, and others maintaining the
Confession of Faith, and these corruptions (although for the present
discharged by Authoritie) not to be inconsistent: and beside this, many
divisions and subdivisions will ensue, to the dolefull renting of the
Kirk and Kingdome, making way for the wrath and many judgements of God
often threatned by his faithfull servants, which all the godly ought to
labour by all meanes to prevent.

16. Wee represent also to the honourable Lords of privie Councell to be
considered, That the Doctrine, Discipline, and Use of Sacraments are
sworne, and the contrarie abjured, according to the Word of God, and
the meaning of the Kirk of Scotland, in the Books of Discipline and
Acts of Assemblies; And that in the Oath there is no place left to the
generalitie of any mans conception of the true Faith and Religion, nor
to any private interpretation, or mentall reservation.

For these and the like considerations, in our owne name, and in name of
all who will adhere to the late Covenant, subscribed by Us, and sealed
from Heaven, We (from our dutie to God, our King, our native Countrey,
our selves, and the posteritie, lest our silence import a satisfaction
of our desires, and a stopping of our mouths, from necessarie
supplication, for things yet to bee obtained from his Majesties just
and gracious disposition), are constrained to declare and protest,
First, That the cause and occasion of the distractions of the Kirk and
common-wealth are no wayes to bee imputed unto us, or our needlesse
feares, but to the innovations and corruptions of Religion, which,
against the acts and order of this Kirk, and the Lawes of the Kingdome,
have beene pressed upon us the people of God, and his Majesties loyall
Subjects; who, although under great thraldom, were living in peace
and quietnesse, labouring in all godlinesse and honestie, to do our
dutie to God and man. Secondly, We protest, that all questions and
doubts that arise, concerning the freedome of the Assemblie, whether
in the constitution and members thereof, or in the matters to be
treated, or in the manner and order of proceeding, be remitted to
the determination of the Assembly it selfe, as the onely proper and
competent Judge, And that it shall be lawfull for us, being authorized
with lawfull commissions, as at other times when the urgent necessitie
of the Kirk shall require, so in this exigence to assemble our selves
at the Diet appointed, notwithstanding any impediment or prorogation
to the contrary. And being assembled, against all qualifications and
predeterminations, or presupposals, to propone, treat, reason, vote,
and conclude, according to the Word of God, Confession of Faith, and
Acts of lawfull Assemblies, in all Ecclesiasticall matters pertaining
to the Assemblie, and tending to the advancement of the Kingdome of
Christ and good of Religion.

Thirdly, since Archbishops and Bishops have no warrand for their office
in this Kirk, since it is contrary both to reason and to the Acts of
the Kirk, that any have place and voice in the Assemblie, who are
not authorized with lawfull Commissions; and seeing both in common
equitie, and by the tenour of this Proclamation they are made lyable
to the triall and censure of the Assembly, Wee protest, that they bee
not present, as having place or voice in the Assembly, but as _rei_
to compeere, for underlaying tryall and censure upon the generall
complaints already made, and the particular accusations to bee given in
against them; And that the warning given by His Majesties Proclamation,
and this our Protestation, bee a sufficient citation to them, to
compeer before the Assembly, for their triall and censure in life,
office, and benefice.

Fourthly, Wee solemnly protest that We do constantly adhere to our
Oath and Subscription of the Confession of Faith and Covenant, lately
renewed and approven, with rare and undeniable evidences from heaven,
of the wonderfull workings of his Spirit, in the hearts both of Pastors
and people, through all the parts of the Kingdome; And that we stand to
all parts and clauses thereof, and particularly to the explanation and
application, containing both our abjuration of, and our union against
the particular evils and corruptions of the time; a dutie which the
Lord at this time especially craveth at our hands.

Fifthly, We also Protest, that none of us who have Subscribed, and do
adhere to our Subscription of the late Covenant, be charged, or urged,
either to procure the subscriptions of others or to subscribe ourselves
unto any other Confession or Covenant, containing any derogation
therunto, especially that mentioned in the Proclamation, without the
necessarie explanation and the application thereof alreadie sworn by us
for the reasons above expressed: And because, as we did in our former
Protestation appeale from the Lords of His Majesties Councell, so do we
now by these renew our solemne appeale, with all solemnities requisite,
unto the next free Generall Assemblie and Parliament, as the onely
supreame nationall Judicatories competent, to judge of nationall causes
and proceedings.

Sixthly, We protest, That no subscription, whether by the Lords of
Councell or others, of the Confession mentioned in the Proclamation,
and enjoyned for the maintenance of Religion, as it is now already, or
at this present time established and professed within this Kingdome,
without any innovation of Religion or Law, be any manner of way
prejudiciall to our Covenant, wherein we have sworn to forbeare the
practice of Novations already introduced, &c. till they be tryed in
a free Assembly, And to labour by all lawfull meanes, to recover
the puritie and libertie of the Gospel as it was established and
professed before the foresaid Innovations: And in like manner, that no
subscription foresaid be any derogation to the true and sound meaning
of our worthy predecessours, at the time of their subscription in the
yeer 1581. and afterward: Withall, warning and exhorting all men who
lay to heart the cause of Religion, against the corruptions of the time
& the present estate of things, both to subscribe the Covenant as it
hath bin explained, & necessarily applied; and as they love the puritie
and libertie of the Gospel, to hold back their hands from all other
Covenants, till the Assembly now indicted be conveened, & determine
the present differences and divisions, & preserve this countrey from
contrary oathes.

Seventhly, As his Majesties royall clemencie appeared in forgiving and
forgetting what his Majestie conceiveth to be a disorder or done amisse
in the proceeding of any; so are we very confident of his Majesties
approbation, to the integrity of our hearts and peaceablenesse of our
wayes and actions all this time past: And therefore We protest that we
still adhere to our former complaints, protestations, lawfull meetings,
proceedings, mutuall defences, &c. All which, as they have been in
themselves lawfull, so were they to us, pressed with so many grievances
in his Majesties absence from this native kingdome, most necessary,
and ought to be regarded as good offices, and pertinent duties of
faithfull Christians, loyall subjects, and sensible members of this
Kirk and Common-wealth, as we trust at all occasions to make manifest
to all good men, especially to his sacred Majestie, for whose long and
prosperous government, that we may live a peaceable and quiet life in
all godlinesse and honesty, We earnestly pray.

WHEREUPON a noble Earle, James Earle of Montrose, &c., in name of
the Noblemen; M. Alexander Gibson, younger of Durie, in name of the
Barons; George Porterfield Merchant Burgesse of Glasgow, in name of
the Burrowes; M. Harie Rollock Minister at Edinburgh, in name of the
Ministers: and M. Archbald Johnstoun Reader hereof, in name of all
who adhere to the Confession of faith and Covenant lately renewed
within this Kingdome, tooke instruments in the hands of three Notars
present, at the said Mercate Crosse of Edinburgh, being invironed with
great numbers of the foresaid Noblemen, Barons, Gentlemen, Burrows,
Ministers, and Commons, before many hundred witnesses, and craved
the extract thereof: And in token of their dutifull respect to his
Majestie, confidence of the equitie of their cause, and innocencie of
their carriage, and hope of his Majesties gracious acceptance they
offered in all humilitie with submisse reverence a copie thereof to the
Herauld.

       *       *       *       *       *

1638.—September 24.

72. _Proclamation._[96]

At Holy-rood-house the 24. day of September Anno 1638.

The which day a Noble Earle, James Marquesse of Hamiltoun, Earle of
Arran and Cambridge, his Majesties Commissioner, having produced and
exhibit before the Lords of secret Councell, upon the twenty-second
day of this instant, a warrant signed by his Majestie, of the date
the ninth of September instant; wherein among others of his Majesties
gracious and royall expressions for preservation of the purity of
Religion, and due obedience to his Majesties authoritie in the
maintenance thereof, his Majestie did will and ordaine that the Lords
themselves should sweare the Confession and generall Band mentioned in
his Majesties said warrant, and also should take such order as all his
Majesties lieges may subscribe the same. And the said Lords of secret
Councell, acknowledging his Majesties pious and gracious disposition
and affection to the purity of Gods truth, did upon the 22. day of
September instant, unanimously and with all humble, hearty, and sincere
affection, sweare and subscribe the Confession of Faith, dated the
second of March 1580. according as it was then profest within this
Kingdome: Together with the foresaid generall Band dated in Anno 1589.
And now to the effect that all his Majesties lieges may give the like
obedience to his Majesties so pious desire, therefore the said Lords
have ordained and ordaines all his Majesties lieges, of whatsoever
estate, degree or qualitie, Ecclesiasticall or Civill, to sweare and
subscribe the said Confession, dated the second of March 1580. and
that according to the said date and tenour thereof, as it was then
profest within this Kingdome: Together with the said generall Band
dated in Anno 1589. as they will answer at the contrarie upon their
obedience. And ordaines Officers of Armes to passe to the market crosse
of Edinburgh, and make publication hereof, and at all other places
needfull, where-through none pretend ignorance of the same.

       *       *       *       *       *

1638.—September 30.

73. _Letter from the King to Hamilton._[97]

HAMILTON,

I have no time now to make my observations upon your Proceedings,
therefore now I shall onely tell you that I approve them all, (in what
concerns your part of them;) and that not onely so, but that I esteem
it to be very great Service (as the times are.) This much I thought
necessary at this time to encourage you in your Proceedings: my next
shall be longer, yet this is enough to assure you that I am

  Your assured constant Friend,
               CHARLES R.

  Hampton-Court,
   30 Sept. 1638.

       *       *       *       *       *

1638.—October 1.

74. _Letter from the King to the Council._[98]

Right trusty and right wel-beloved Cousin and Councellour, Right trusty
and right well-beloved Cousins and Councellours, We greet you well: As
by your Letter We finde now well you are satisfied with Our gracious
pleasure, expressed in Our late Proclamation and Declaration; so We do
expect the continuance of your care by your best indevours, to bring
al Our good people to a true sense of Our Royal intentions, and reall
care of preferring and advancing the good and peace of that Church
and Kingdome, which hath always been and still is one of Our chiefest
cares. We give you hearty thanks for your affection and pains in this
service, and do approve of your course in subscribing of the Confession
and band, and order taken by you for publishing and requiring the
like due and thankfull acceptance of Our gracious pleasure by all Our
good subjects. And seeing the time of the Assembly doth now approach,
We require you to attend diligently upon our Commissioner, untill
the time appointed for the down sitting of the said Assembly, and
further, to the finall ending thereof; that from time to time you may
be assisting to him with your best opinions and advices, for preparing
and digesting every thing that may conduce to bring this businesse,
to be treated upon in the Assembly, to the wished peaceable and happy
end. And although We will not doubt but that all Our good subjects
will be carefull of every thing that may concern Us, or Our Sovereign
Authority: yet because that at such publick and generall meetings, it
is not to be expected that all mens dispositions will bee alike, and
of one temper, We require you, and that in a more particular manner,
according to the trust and confidence We have in your affections to Our
Service, carefully to advert, that if any proposition shall be made,
which may seem to derogate from Soveraignty, or that true estate of
Monarchicall Government already established within that Kingdome, or
which may impede the peaceable conclusion of this Assembly, that as
good subjects and faithfull Councellours and servants to Us, you assist
Our Commissioner to withstand the same to the uttermost of your power:
To whom We will you to give absolute trust in every thing which he in
Our name shall deliver or impart to you, or any of you, in publick or
in private, And so we bid you farwell. From Our Honour of Hampton Court
the first of October, 1638.

       *       *       *       *       *


1638.—October 3.

75. _Letter from Lords Covenanters to Commissioner._[99]

PLEASE YOUR GRACE,

Wee wer glade of the indiction of the ane assembley, as the means to
bring our complaints to ane end; and as wee promissed for our pairt to
doe our endeuore, that all matters might be carried in a peaceable way,
and no man troubled in any sorte till that tyme, so did wee certainlie
expecte, that no violence or molestatione should haue beine wssed
aganist aney of thosse quho had subscriued the last couenant; and zet,
far contrarey to our expectation, are brought hither almost eurey houre
griuous complaints from maney of the people in diuersse pairts of the
kingdome; that they are by the threttninges and oppin violence of some
statsmen, and counsellers, and barrons, constrained to subscriue a
confession of faithe and band; some with blind and doubting mynds, and
others aganist ther conciences, to the grate trouble of ther soulles,
and grate disturbance of the peace of the countrey, contrarey to suche
peaceable preparations as should haue proceidit a perfyte pacification
at a generall assembley. If wee had hard bot some complaints of this
kind, wee wold haue spared both your Graces paines and our auen; bot
complaints being multiplied more and more, wee could not bot of deutiey
make some representations therof to your Grace, that some coursse may
be takin for present suppressing this so irreligious and vniust maner
of doing; and for præuenting the hard consequences that may ensew from
people quho are thus pressed to subscriue aganist ther mynds, and from
others who are ioneyed in couenant with them, wich, as it is humblie
petitioned, so it is confidently expected by,

  Your Grace’s humble seruants,
                        Cassils,
                        Louthean,
       Lindesay,        Balmerino,
       Loudoun,         Burlie,
           Johnston:

       *       *       *       *       *


1638.—October 3.

76, 77, 78. _Answer thereto, and Correspondence._[100]

MY VERY GOOD LORD,

I have received from your Lordsh: and other Noblemen a Letter,
containing a complaint against the violence offered to divers of his
Majesties subjects, by States-men, Councellours, and others; and that
complaint aggravated by your promising and undertaking, for your
selfe and all your adherents, that no man should be troubled until
the Generall Assembly; and your just expectation that the same course
should have beene held on the other side by Us.

For the former, I know not what States-men, Noblemen or Barons, your
Lordsh: meanes; for naming none, I know not to whom I shall take my
selfe; nor doe I know what violence and threatnings you mean. If
you meane his Majesties Commissioners appointed by the King, they
requiring his subjects to subscribe the old Confession and Covenant,
by his authoritie now renewed, and remonstrating unto them the danger
they incurre by law in not obeying his Majesties commandement, I hope
that cannot be called violence, but duty, the omission whereof must
needs be a violation of, and violence offered to his Majesties sacred
authoritie: If other violences and threatnings they have used, as your
Lordsh: seemeth to intimate (for their obedience to his Majesties just
authority, I am sure your Lordsh: will not call violence) they must
answer for it, and shall whensoever your Lordsh: shall make known
the delinquents. But alas, my Lords, Tell me now in good earnest,
whether you have heard they have used such violence in perswading this
Covenant, as hath beene used by your adherents in inforcing of yours?
Hath the bloud of Gods seruants, his holy Ministers, beene shed, which
bloud I am afraid keepeth the vengeance of God still hanging over
this Land? Have men beene beaten, turned out of their livings and
maintenance, reviled and excommunicated in the Pulpits, and a thousand
more outrages acted upon them for not subscribing this Covenant? Have
none who have subscribed your Covenant, done it with blind and doubting
minds? If they have, I beseech your Lordsh: not to call his Majesties
Councellours legall proceedings irreligious and unjust, untill you have
proved the pietie and justice of the proceedings of your owne adherents.

For the other, of your undertaking and promising for your parts, that
no man should bee troubled till the Assembly, and expecting the like
from us, truly I am glad I have it under your Lordships hands, for
I think there are few houres of any one day, since the indicting of
the Assemblie, that from all parts of this Kingdome, I am not vexed
with complaints of new processing of Ministers, new withholding of
Ministers stipends unprocessed, heavie complaints of Ministers of
your owne Covenant, that they are threatened, and that sharply and
bitterly, for their declaring of their griefe, in being barred of their
freedome in the election of their owne Commissioners to the Generall
Assembly, and being borne downe by the multitude of Lay voices, and
menaced because of their protesting against the same, the complaints
of Ministers Non-Covenanters and Lay-Elders Non-Covenanters, chosen by
their Sessions to assist at the election of the Commissioners from the
Presbyteries, but turned back for not having subscribed your Covenant,
and reviled with bitter words for being so pert as to come thither; Is
this the performance of promising, that no man shall be troubled till
the Assembly? These are, indeed, preparations very unfit to precede
this Assemblie, they being so unpeaceable and like to take up much
time, in discussing, at that great Meeting, the illegality of these
elections. My Lord, the truth is, I shall be as carefull to see any
wrong offered by his Majesties Commissioners (in urging his Majesties
authoritie) punished, when I shall know the offences and the offenders,
as I am heartily grieved at the proceedings of your Associats: Here
I am sure, his Maᵗⁱᵉˢ Commissioners have bin rather backward then
forward, but so have not your Lordsh: adherents bin; for they have in
very many places proclaimed your Protestation, where his Majesties
Declaration hath not beene proclaimed. I hope your Lordsh: will pardon
my unusuall prolixitie; for I confesse I am much troubled to see his
Majesties good subjects led into such misconstructions of his pious and
religious intentions towards them, This my Letter, I pray your Lordsh:
to communicate to the other Noble Lords, who subscribed that to me. To
your selfe, and them, I pray your Lordsh: commend the true respects of

  Your Lordsh:
   HAMILTOUN.

   For the Earle of Cassills.

       *       *       *       *       *


_Letter from the Lords Covenanters to the Commissioner._[101]

PLEASE YOUR GRACE,

After your parting from us, we had knowledge from John Wilson Skipper,
& sundry of his Passengers newly arrived, That, being at sea on his way
from Holland hither, one of his Maᵗⁱᵉˢ small ships of 8. Peeces, came
aboard & searched him for Armes & Ammunition, declaring they did the
same by his Majesties Warrant. We doe not so much value the hazzard of
any prejudice, as we are heartily grieved to find any such note of his
Majesties displeasure, differencing us from his other subjects, when
our own hearts and the Lord that searcheth them doth beare witnesse of
our loyaltie and affection to his Majestie, especially to have found
it now when we are made so secure, both by the hopes of obteyning from
his Majesties favour, by your mediation, these ordinary and publike
remedies that can fully settle this Church and State and by assurance
from your Grace we should finde no such hard dealing, during the time
of your imployment amongst the subjects here, who trust in your care to
prevent speedily the inconvenience of this, as you did in that other
late particular anent the arrest of our horses in England. We thinke
this advertisement sufficient to your Grace, who is wounded through our
sides if wee suffer any thing in this time, being so farre interessed
to vindicate us from such prejudice, who doe acknowledge our selves to
be

  Your Graces humble servants.

  Rothes, Montrose, Home, Weymse, Lindesay,
  Boyd, Loudone, Balmerino, Dalhousie, Forrester,
  Elcho, Cranstoune, Balcarres, Burghly, Lothiane.

  Edinb. the 28. Septemb.
  1638.

_Answer to the foregoing, by the Commissioner._[102]

MY LORD,

I have received a Letter this day signed by your Lordsh: and sundry
other Noblemen, making mention, that one John Wilson Skipper, being
on his way from Holland hither, was searched by one of his Majesties
small ships. This is no new nor unaccustomed thing; for commonly the
Captains of his Majesties ships during the time of being at sea, doe
take notice what the loadings of all such ships are, as they meet with,
who trade in the Channell; it being a prerogative that belongs to his
Imperiall Crown: I am persuaded that your Lordsh: and the rest of my
Lords cannot thinke, but if his Majestie had been desirous to have made
stop of importation of Ammunition into this Kingdome this time past,
but it would have been an easie matter for him to have effected; but so
little hath he regarded this, as he hath not so much as taken notice
of it, And yet it were no strange thing, if his Majestie should give
direction to cause examine for what end so great store of Ammunition
is imported into this Kingdome, and a little more narrowly to looke
into our actions; when, by I know not whom, there hath been so much
notice taken of such Ammunition, as his Majestie hath thought fit to
send hither. For notwithstanding that your Lordsh: sayes we are made
secure by the hopes of obtaining from his Majestie these remedies that
can fully settle this Church and State, yet I may say courses are taken
to put feares in his Majesties good subjects minds, by perswading of
them that no such thing is intended: This does too too manifestly
appeare by the watching and guarding his Majesties Castle, and many
other courses: but of this I will write nothing, my intention being
only to returne answer of what is writ to me: And therefore for your
Lordsh: satisfaction I shall acquaint his Majestie with the contents of
your letters, who will no doubt give such directions therein, as his
good subjects will have no just cause of complaint: Whereas you have
been pleased to say, that you have been assured by me, that you should
receive no such hard dealing, during the time of my imployment; let
mee desire you to consider this aright, and you will find it none; for
neither was that ship stayed from proceeding on their intended voyage,
nor anything taken from them, nor needs your Lordsh: to doubt that his
Majestie will doe any thing (except our owne indiscretion provoke him)
that may make appear to the world that he makes a difference betwixt us
of this nation and his other subjects. Bee confident, my Lord, that my
endeavours have, and doe tend to no other end, but to the glory of God,
the honour of his sacred Majestie, and the preserving from ruine this
poore distracted Kingdome; and that I have and shall labour to prevent
all such accidents as may breed the least stop or hinderance of this
wished event, which I hope and am confident that your Lordsh: and all
those noble Lords who have signed this Letter to me, will take the same
to heart; and then certainly you will not be so easily moved with such
light and sleight reports: Nor will your Lordsh: thinke that either you
or I can bee wounded by the order and command of so pious, mercifull,
and so clement a Prince as is our dread Soveraigne, who hath showne
himselfe to be so full of goodnesse, as we must of all men living prove
the worst, if we be not thankfull to God, and him for it. This my
letter your Lordsh: will be pleased to communicate to the rest who haue
writ to me, and esteeme of me as

  Hammilt. 24[103] Sept. 1638.

  Your Lordships
   humble servant,
      HAMMILTOUN.

  For the Earle of Rothees.

       *       *       *       *       *


1638.—October 5.

79. _Explanation by the Bishop and Doctors of Aberdeen on signing the
King’s Covenant._[104]

First, we do heartily abhor and condemn all Errours truly Popish,
or repugnant to the Holy Scripture, and consequently to the Uniform
Doctrine of the Reformed Kirks, and to Our National Confession
registered in Parliament An. 1567.

Secondly, we do no ways hereby abjure or condemn Episcopal Government,
as it was in the days, and after the days, of the Apostles in the
Christian Kirk for many hundred of years, and is now conform thereto
restored in the Kirk of Scotland.

Thirdly, we do not hereby condemn nor abjure the Five Perth Articles,
or any thing lawful of that sort, which shall be found by the Church
conducible at any time for good Policy and Order, or which is practised
by any sound Reformed Kirk.

Fourthly, we still hold to that Clause of our great National
Confession, (chap. 20. art. 21.) that the General Councils, and
consequently the National Kirk of Scotland, have no power to make any
perpetual Law which God before hath not made.

Fifthly, by the adhering to the Discipline of the Reformed Kirk of
Scotland, we mean not any immutability of that Presbyterial Government
which was An. 1581. or of any other Humane Institution: but we do
hereby understand that the Ecclesiastical Jurisdiction and Discipline
of the Kirk of Scotland doth not depend on the Pope of Rome, or any
other Foreign Power; and hereby we do confess our constant Obedience to
the Kirk of Scotland in all her lawful Constitutions.

Sixthly, we do not presume by this our personal Oath either to prejudge
the liberty of the Kirk of Scotland, to change and reform this foresaid
short Confession, in some ambiguities and obscure expressions thereof,
whereupon some men have builded inconvenient Interpretations and
Doctrines, or to exime our selves from Obedience to the Kirk in that
case.

Seventhly, by this our personal Oath we do not take upon us to lay
any further Bond upon our Posterity, than the Word of God doth,
recommending onely our Example to them, so far as they shall find it
agreeable to Gods Word.

  In this sense as is said, and not otherwise, do we subscribe the said
  Confession, and the general Bond annexed thereto, at Aberdeen Octob.
  5. 1638.

  Signed,
    Ad. Aberdonen.
    John Forbes D. and P. of Div.
    R. Barrone D. and P. of Div.
    Al. Rosse D.D.
    Ja. Sibbald D.D.
    Al. Scrogie D.D.
    Wil. Lesley D.D.

       *       *       *       *       *


  1638.—October 9.

  80. _Letter from the King to Hamilton._[105]

  HAMILTON,

  I Confess this last Dispatch does more put me to seek how to judge
  of the Affairs of that Kingdom, than any that I have yet received;
  for I did not think that you would have met with so much opposition
  within your bounds, since (as I thought) you past well over a greater
  difficulty, to wit, the Peevishness of the Council. The cause of
  this I judge to be, that you did not make so much opposition against
  the Protestation as it deserved, though (I believe) as much as you
  could. But one thing I desire you to send me the reason of, which
  is, why you have mingled the Protesters with my good Subjects,
  as Commissioners in most of all the Shires, for the procuring of
  Subscriptions to my Bond: now it seems to me, that this will make
  the Covenanters oppose my Service with a shew of more Authority than
  otherwise they could, (and certainly you cannot but imagine, that
  they must oppose that that they have protested against;) for, by this
  the ignorant Multitude may be brought to believe, that my Council
  have either admitted, or, at least, do not gainsay, the protestation:
  yet whether I be right in this or not, I will suspend my Judgment,
  even of my own Opinion, until I hear from you. But one thing I will
  confidently affirm, that until most of the Council express themselves
  vigorously in detestation of this last damnable Protestation, never
  look for any Obedience there. In the latter end of your letter, you
  are very careful not to give them cause of Fears of my Preparations,
  or hindering theirs; yet in the middle persuade to hasten on Mine:
  now, besides that this seems to me a Contradiction I think that there
  is as much (if not more) danger now, that they should imagine I fear
  to displease them, than to make them scar at my Preparations, or
  for stopping of theirs; for now that the pretext of Religion is (I
  dare say) fully satisfied, fearful Proceeding now may hazard the
  loss of the little Party we have, by making them probably fear, that
  I either cannot or dare not maintain my own authority. But I doubt
  not your Dexterity and Diligence will help me to break through these
  difficulties; and so I rest

  Your assured constant Friend,
                CHARLES R.

  Hampton-Court,
  9 Octob. 1638.

       *       *       *       *       *


  1638.—October 20.

  81. _Letter from the King to Hamilton._[106]

  HAMILTON,

  I see by yours of the 27ᵗʰ of September, that the Malignity of the
  Covenanters is greater than ever, so that if you who are my true
  Servants do not use extraordinary Care and Industry, my Affairs in
  that Kingdom are likely rather to grow worse than better: therefore,
  you that do your endeavours accordingly deserve the more praise,
  and your opposers the more punishment; and in my mind this last
  Protestation deserves more than any thing yet they have done, for
  if raising of Sedition be Treason, this can be judged no less. And
  methinks, if the Colledge of Justice have signed my Covenant, (which
  I hope they have, because I hear nothing in the contrary) it were no
  impossible thing to get them to doe me Justice in this particular.
  And this I will say confidently, that until at least the Adherers to
  this last Protestation be declared Traitors, nothing will go as it
  ought in that Kingdom; I say this not to alter your course, but onely
  to shew you my opinion of the State of Affairs.

  As for the danger that Episcopal Government is in, I do not hold it
  so much as you doe; for I believe that the number of those that are
  against Episcopacy (who are not in their hearts against Monarchy) is
  not so considerable as you take it.

  And for this General Assembly, though I can expect no good from
  it, yet I hope you may hinder much of the ill; first, by putting
  Divisions among them concerning the Legality of their Elections, then
  by Protestations against their Tumultuous Proceedings. And I think
  it were not amiss if you could get their Freedom defined (before
  their Meeting,) so that it were not done too much in their Favours.
  And I hope you will remember to weigh well the Propositions for the
  Assembly, and send them up to me with all convenient speed. I have
  seconded your Letter to the Mayor of Newcastle for the freeing of
  these Horses, and have stopped all Provisions according to your
  advice at Hull; yet methinks now they may be avowed to go against
  those that will not rest satisfied with what you have lately done in
  my Name. But in this I assure you that I take your advice; and so I
  rest

  Your assured constant Friend,
                        CHARLES R.

  Hampton-Court,
  20 Octob. 1638.

       *       *       *       *       *


  1638.—October 24.

  82. _Letter from the King to Hamilton._[107]

  HAMILTON.

  I would not answer your two of the 14ᵗʰ and 15ᵗʰ of this moneth, till
  I had fully dispatched the Bishop of Ross, whom I have sent away not
  onely well instructed, but well satisfied with my ways. It is true
  that his Instructions were not totally according to our Grounds, but
  I made him alter (I am confident) as well in Judgment as Obedience;
  for upon discourse he much approved of my Alterations, confessing
  likewise, that you upon the place may find reason to make more;
  wherefore all is referred to you, as well what I answered as what
  not; so leaving and recommending him to your care, I come to answer
  your last Letters, with the account of which I am much more satisfied
  than your other Dispatch before: as likewise you have fully satisfied
  me in all my Queries, and in particular I confess clearly, you had
  reason to joyn the Covenanters with my honest Servants, for procuring
  of Subscriptions to my Bond, because I see the Council would have it
  so. But certainly it had been better otherwise, if you could have
  done it with their consent. In short, I am truly and fully satisfied
  with all your proceedings, so that you may be confident that I am

  Your assured constant Friend,
                   CHARLES R.

    Whitehall,
  24 Octob. 1638.

       *       *       *       *       *


  1638.—October 24.

  83. _The Bill, or the complaint, of the Noblemen, Barons, Burgesses,
  Ministers, and Commons, Covenanters, (which were not Commissionaries
  to the Assembly) against the pretended Archbishops and Bishops within
  this kingdome, as it was presented to the Presbyterie of Edinburgh;
  with an Act of reference of the Bill, from the Presbyterie to the
  next Generall Assembly, as it was fully read on the Lords day before
  noone in all the Churches within the presbyterie of Edinburgh,
  according to the Act._[108]

  Noblemen.

  Unto your wisedomes humbly shewes and complaines, We John Earle of
  Sutherland, John Earle of Athole, William Earle of Dalhousie, Mungo
  Vicount of Stormouth, Hugh Lord Montgomerie, David Lord Elcho, George
  Lord Forrester, Arthur Lord Forbesse, John Master of Berridale,
  Robert Lord Boyd, David Lord Balcarras, John Lord Melvill.

  Barons and Gentlemen.

  Craggemillar, Lugtoun, Buchanan, Young, Dury, Balgonny, Balbirny,
  Master William Hammilton, Thomas Cragge of Ricarton, John Cowper
  of Gogar, John Hammilton of Boghall, David Inglis of Ingliston,
  John Dundas of Newliston, Sir William Cockburne of Langton, Patrick
  Cockburne of Clerkinton, John Leslie of Newton, Colonel Alexander
  Leslie, David Barclay of Onwerme, Sir Michael Arnot of Arnot, Sir
  Michael Balfoure of Deanemille, John Aiton of Aiton, David Beaton
  of Balfoure, John Lundie of Lundie, Walter Murray of Liviston, Sir
  John Preston of Airdrie, Walter Cornwall of Bonhard, William Scot of
  Ardrosse, Robert Forbosse of Ricesse, Sir Andrew Murray of Balvarde,
  George Dundasse of Dudistone, Sir William Murray of Blebo, Master
  Robert Preston, William Dicksone.

  Ministers.

  Master William Scot Minister at Cowper, Master George Hammiltoun at
  Nuburne, Master Walter Grog at Balmerino, Master Iohn Machgil Parson
  of Fliske, Master Andrew Blackhat at Aberlady.

  Burgesses and Commons.

  George Bruce of Carnock, George Potterfield a Burgesse of Glasgow,
  John Smith, John Mill, Lawrence Henryson, Richard Maxwell, Burgesses
  of Edinburgh.

We, for our selves, and in name and behalfe of the rest of the
Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons within
this Realme of Scotland, subscribers of the Covenant, who are not
chosen Commissioners to the Generall Assemblie, but who will assist
and insist in this complaint with us, as faithfull Christians, as
loyall subjects, and sensible members of this Church and Common-weale,
having interest to pursue this popular action, in a speciall manner
and an eminent degree, by which pursuit God may bee glorified, Christs
Kingdome advanced, that the Church may bee restored to her privileges
and liberties, and freed from manifold scandals, from the corrupters
of Doctrine with Poperie and Arminianisme, of the Sacraments with
Superstition and Wilworship, and of the Discipline with tyrannie, and
from the overthrowers of the peace of this Church and Kingdome by their
usurpations and lies, their violent humours, and falsehood for their
owne worldly ends, may be tried and censured accordingly, and so this
Church and State made free from the present divisions and combustions,
and restored to peace and unitie, both with God and amongst themselves,
and that his Majesties religious disposition and honour may be cleared
to all the world, by the triall and censure of those men who have
fraudulently abused his Majesties name and authoritie by their trust
and credit with his Majestie: Wee most earnestly make request, That
whereas, by the Lawes of this Church and Kingdome, and by his Majesties
last Proclamation, all his Majesties subjects, whether Ecclesiasticall
or Civill, of whatsoever title or degree, if they have exercised an
unlimited or unwarrantable power, They are declared and ordained to
be liable to the triall and censure of the Generall Assemblie and
Parliament, or to any other Judicatorie, according to the nature and
qualitie of the offence, And whereas Master David Lyndsey pretended
Bishop of Edinburgh, Master Thomas Sydserfe, pretended Bishop of
Galloway, Master Walter Whitefoord pretended Bishop of Brichen, Master
James Wedderburne pretended Bishop of Dumblane, Master James Fairley
pretended Bishop of Argyle, Master John Spotswood pretended Archbishop
of Saint Andrewes, (having their residences or dwelling places within
the bounds of this Presbyterie of Edinburgh,) Master Patrick Lyndsey
pretended Archbishop of Glasgow, Master Alexander Lyndsey pretended
Bishop of Dunkell, Master Adam Bannatine pretended Bishop of Aberdene,
Master John Gutherie pretended Bishop of Murray, Master John Maxwel
pretended Bishop of Rosse, Master George Greme pretended Bishop of
Orkney, Master John Abernethie pretended Bishop of Caithnesse, Master
Neil Campbel pretended Bishop of the Isles, should be tried and
censured for their unlimited and unwarranted power.

For whereas it was provided in the Cautions agreed upon in the Generall
Assemblie holden at Montrose, Anno 1600. for bounding of the Ministers
votes in Parliament, and concluded to bee inserted in the body of the
act of Parliament for confirmation of this vote as a most necessarie
and substantiall point of the same, which was never yet repealed by a
lawfull Assembly, That the Minister should sweare, upon his admission
to the office of Commissionary, to subscribe and fulfill the Cautions
agreed upon under the penalties expressed therein, otherwise hee was
not be admitted; yet the said Master David Lyndsey, sometimes Minister
of Brichen, now pretended Bishop of this Diocesse of Edinburgh, and
pretended Moderator of this Presbyterie, with his foresaid Colleagues,
the pretended Bishops and Archbishops of this Church respective, have
taken upon them (without craving or obtaining Commission from the
Church as it is set downe in that Assembly at Montrose) the office and
power to vote in Parliament, without swearing at his or their entrances
to subscribe and fulfill those Cautions which are set down under
penalties.

In the first Caution it was provided, that he presume not to propound
in Parliament, in Councell or convention, any thing in the name of
the Church without an expresse warrant or direction from the Church,
under the paine of deposition from his office; and that hee should
neither give consent unto, nor keep silence from anything (amidst these
meetings) that might bee prejudiciall to the libertie of the Church,
under the said paine.

But the forenamed Master David Lyndsey, pretended Bishop of Edinburgh,
with the rest of his Colleagues respective above named, have presumed
(having no warrant nor direction from the Church) to propound in
Parliament, and to consent to several acts which have past in
Parliament, to the prejudice of the Church, as namely, To the act
concerning the Restitution of the State of Bishops, Anno 1606. the act
concerning the chapter of Saint Andrewes, Anno 1607. To the act of
Commissariots and jurisdictions given to Archbishops and Bishops, Anno
1609. To the ratification of the act agreed upon in the Assemblie of
Glasgow, Anno 1610. with an explanation, contrary to the meaning and
tenour of the said conclusions, Anno 1612. To the acts concerning the
Elections of Archbishops and Bishops, and to the acts concerning the
Restitution of chapiters, Anno 1617. To the ratification of the Five
Articles of Perth, Anno 1621. To the act concerning the apparell of
Churchmen, and to the ratification of the Acts concerning Religion, in
which all the former Acts are included, Ann. 1633. and to many other
severall acts of this kinde. In like manner he propounded and gave
consent to severall acts of the Privy Councell, for the establishing
of it, and of the power of the High Commission, which are against the
lawes and liberties of this kingdome; and for ratification of severall
acts and sentences given out by them and their Colleagues in that
unwarrantable Judicatory: for in the same manner did he propound and
consent unto the acts made in the Privie Councell for pressing and
bringing in of the Service Booke, which would have trod under foot
the frame of Gods publicke worship in this Kingdome, if the Lord had
not prevented it. And further, in the last convention of the States
holden in the yeeres 1625. and 1629. he did not onely keep silence, but
propound and give consent to some things which were prejudiciall to
the liberties of this Church, and hee did oppose himselfe to the just
desires and grievances which were presented in name of the Church for
some of her liberties and priviledges, whereas it was provided that
he shall be bound upon each generall Assembly to give an account of
the discharge of his Commission since the Assembly going before, and
should submit himselfe to the censure of the Assembly, and stand to the
determinations of it without further Appeale, and should sue for, and
obtain ratification of his carriage from the Assembly, under the paine
of infamie and excommunication; but the said Master David Lyndsey, and
his Colleagues respective abovenamed, have never given an account of
the discharge of his or their Commissions, nor sought nor have obtained
ratification of his or their doings, from the Assembly.

Whereas it was provided in the third caution, that he should content
himselfe with that portion of the Benefice which should be assigned to
him from his Majestie for his livelihood, not hurting or prejudging
the rest of the Ministers, or any Minister whatsoever, planted or
to bee planted within his Benefice, and that this clause was to be
inserted in his provision: Besides, when Bishops were charged in the
Assembly holden in Octob. Ann. 1578. to quit the corruptions of that
State, there was numbered amongst the corruptions, That they received
for the maintaining of their ambition and riot, the emoluments of the
Church, which might sustaine many Pastors, the Schooles, and the Poor;
but the said Master David Lyndsey with his Colleagues respective, have
tooke provision for their Benefices, and the foresaid clause was not
inserted, and he and they have prejudged Ministers, Schooles, and the
Poor, by taking and enjoying plurality of Benefices.

Whereas it was provided in the fourth caution that hee should not
dilapidate nor make a disposition of his Benefice without the consent
of his Majestie and the generall Assembly: and for the greater warrant
of this, That he should interdict himselfe to the generall Assembly not
to dilapidate, nor to give consent to the dilapidation of his Benefice
made by others, and that hee should be contented that an Inhibition
should be raised upon him to that purpose; but the said Master David
Lyndsey, with his Colleagues respective, have set, and take setled
patronages.

Whereas in the fifth caution it is provided that hee should be bound
to attend his particular Congregation faithfully in all the points of
a Pastour, and that he shall be subject to the triall and censure of
his own Presbyterie and Provinciall Assemblie, as another Minister that
bears no Commission: In like manner by divers Acts and Constitutions of
the generall Assemblies and Presbyteries, non-residents are punishable
by deprivation; Yet the said Master David Lindsey with his foresaid
Colleagues respective, have been non-resident from his and their
charges for many yeares; nor have they performed the duties of Pastours
by preaching, administration of the Sacraments, visiting the sick, &c.
but they have deserted their charges by the space now of many years;
neither have they in this subjected themselves to the triall of the
Presbyteries and Provinciall Assemblies.

That whereas in the sixth caution it was provided, That in the
administration of Discipline, collation of benefices, visitation, and
all other points of Ecclesiastical government, he shal neither usurp
nor acclaim to himself a power or jurisdiction further over the rest of
his brethren, under the paine of deprivation: and in case hee did usurp
upon the Ecclesiasticall government, if the Synodall Presbyteries, or
generall Assemblies did oppose, or make impediment unto him; whatsoever
he did in that case should be _ipso facto_ null, without a declaratour;
yet the said Master David Lindsey with his Colleagues respective,
have usurped a jurisdiction in the administration of Discipline,
collation of benefices, visitation, and other points of Ecclesiasticall
government, without a lawfull warrant from the Church, in exercising
power to suspend, deprive, command, and inhibit excommunication at
their pleasure, to fine, confine, imprison, banish Ministers and
other professours without the warrant of the laws of the Countrey,
appointing their Moderators over Presbyteries and Synods, prorogating
their Diets, staying their proceedings against Papists, Sorcerers,
Adulterers, and other grosse offenders, by exacting of contributions
to such Commissioners as hee pleased to send to Court for his owne and
his Colleagues affaires; by depriving, and ordaining of Ministers,
not only without the consent of the Presbyteries and Synods, but by
ordaining of scandalous and unqualified Ministers and depriving of
learned and religious Pastours; by ordaining Ministers after a forme
not allowed of in this Church; by silencing Ministers for not reading
the Service Book, and Book of Canons; by interdicting after a Popish
manner, the exercises of Morning and Evening prayer in their Churches;
by releasing of excommunicated Papists: by contradicting and crossing
the votes of the Presbyteries at their pleasure; by their pretended
negative vote directly contrary to this caution; by enacting decrees of
Synods without demanding their votes; by changing and falsifying their
Acts, when most votes had carried the contrary: by many wayes have they
failed in this caution, which are so notorious to the whole Church and
to your Wisdomes, that wee shall condescend upon the same when wee are
required.

Whereas in the seventh caution it was provided, That in Presbyteries,
and in Provinciall and generall Assemblies, he shall behave himself
in all things, as one of the brethren of the Presbyterie, and be
subject to their censure; yet the foresaid Master David Lindsey with
his foresaid Colleagues respective, hath not behaved himselfe as a
brother at these meetings; he disdaines to sit in Presbyteries, or to
be subject to their censures; he sitteth and overruleth in Provinciall
Assemblies rather as a Lord then a Moderatour; and in stead of behaving
himself as a brother in the generall Assemblie, hath, by threatening
and silencing, prejudged the liberties of the lawfull Commissioners;
when they propounded, reasoned or concluded matters conducing to the
liberty of the Church, hee forced them to conclude things contrarie.

That whereas it was concluded at Mount Rose, That none of them who
should have vote in Parliament should come Commissioners to the
generall Assemblie, or have vote in it in time to come, unlesse
they had authoritie or Commission from their owne Presbyteries for
that purpose; yet the said Master David Lindsey with his forsaid
Colleagues respective, though they had no authoritie by Commission from
any Presbyteries, have usurped to give votes in the last pretended
Assemblies.

Whereas in the seventh chap. of the book of Policie, registrated in
the Register of the Acts of the Assembly, it was concluded, That in
all Assemblies a Moderatour should be chosen by common consent of the
whole brethren assembled together, and it hath been so practised since
the beginning of the Reformation, till hee and his fellowes began to
break the Cautions; yet the said Master David Lindsey with his foresaid
Colleagues respective, have usurped the place of moderation in the last
pretended Assemblies, and rather domineered then moderated, to bring
in novations; yea further, have directed Mandats from themselves as
from the representative Church of Scotland, which name and power is
only competent to generall Assemblies; he hath brought in the practice
of many Innovations in the Royal Chappel, in the Abbey Church, and
his pretended Cathedrall; hee hath laboured not only to hinder the
ordinarie meetings of generall Assemblies of this Church, by obtaining
letters and charge from Authority to that purpose, but also hath
laboured, what in him lay, to take away from the Church the priviledge
of holding generall Assemblies yeerly, belonging to Her by the Word of
God, Acts of this Church, and lawes of this Kingdome.

Whereas it is provided by another caution, That _Crimen ambitus_ shal
be a sufficient cause of deprivation of him that shall have vote
in Parliament; yet the said Master David Lindsey with his foresaid
Colleagues respective, are guilty of the said crime, in seeking of the
said offices, and promising and giving good deeds for them.

Whereas it was provided by the book of Discipline, and acts of the
Assemblie Feb. An. 1569. and December 1565. & 1567. that marriage
should not be solemnized without asking of banes three severall Sabbath
daies before; yet the said Master David Lindsey and his aforesaid
Colleagues respective, have given licence to sundry Ministers to
solemnize marriage without asking three severall Sabbaths before; upon
which have followed divers inconveniences; a man hath been married to
a woman her husband being alive, and they not divorced; some have been
married to persons with whom they have committed adulterie before; and
so have been married without the consent or knowledge of their parents.

Whereas by the book of Fasting, authorized by the generall Assemblie,
and prefixed before the Psalmes, no set or yeerly Fasts are allowed,
but disallowed, as contrary to the liberty of the Church, and to the
nature of the exercise (a Fast;) yet the said Master David Lindsey and
his foresaid Colleagues respective, have appointed yeerly Fasts, and
troubled some godly Professors for not observing the same.

Whereas the office of a Deacon is set forth in the book of Discipline,
and book of common order before the Psalms, according to the Word
of God, to have no medling with the preaching of the Word, or the
ministration of the Sacraments, and by the first Confession of faith
ratified in the Acts of Parliament, chap. 23. Ministers called
unto particular flocks have onely power of the ministration of the
Sacraments; yet the said Master David Lindsey with his foresaid
Colleagues respective, have given a power to certain Divines whom they
make Deacons (men not admitted to the calling of the Ministery) to
administer the Sacrament of Baptisme, under the names and titles of
preaching Deacons, and they refuse to admit divers men to the calling
of the Ministerie before they be admitted to that Order.

Whereas it is ordained by the book of Policie, and Acts of the
Assembly, that no man should receive ordination to the Ministery
without a present admission to a particular flock; yet the said Master
David Lindsey with his foresaid Colleagues respective, have separated
the act of Ordination from the act of Admission.

Whereas according to the established order of the Church, & the Acts
of the Assembly, the ordination & admission of Ministers should be
publick, in the presence and with the consent of the congregation; yet
the said Master David Lindsey with his foresaid Colleagues respective,
have given ordination to some men in other places, not in their own
Congregation; and violently have thrust upon them scandalous Ministers.

Whereas Ministers who teach erroneous and corrupt doctrine should be
censured by the book of Discipline, and by the Acts of the Assemblie;
yet the said Mr David Lindsey with his foresaid Colleagues respective,
have taught erroneous and corrupt doctrine themselves, and by their
pretended power have preferred to the Ministerie men who have taught
erroneous doctrine against the Confession of Faith, and Acts of
Parliament quoted in our Covenant; and they cherish and maintaine
them who teach Arminianisme and Popery, as conditionall Election;
Free-will; resistibilitie of effectuall Grace; The universality of
Christs death; The merit of it in heaven & in hell; A finall apostacie
of the Saints; The locall descent of Christ into hell; That Christ
came into the world _clauso Virginis utero_; auricular Confession, and
Papall absolution; That the Pope is not Antichrist; That the Church
of Rome is a true Church; That reconciliation with Rome is a thing
easie; That the Church of Rome erres not in fundamentals; and that she
differs not in fundamentals from the Reformed Churches; They call in
question the imputation of Christs righteousnesse, and they affirme
the formall cause of justifying faith, to consist in our inherent
righteousnesse; They affirme that there is a locall and circumscriptive
presence of Christ in the Sacrament, and they change the Sacrament into
a Sacrifice, and the Table into an Altar, the Ministers into Priests.
There are other damnable and hereticall points of Doctrine which
they maintaine; of which we shall give particular information in our
particular accusation of each one of them respective, with the proofes
thereof, when we shall be required.

Whereas by the Acts of the Church, no oaths or subscriptions should
be required from those who enter into the Ministerie, but to the
Confession of faith, and to the Book of Policy; yet the said Master
David Lindsey with his foresaid Colleagues respective, without a
warrant from the Church or Parliament, doe exact diverse oathes and
subscriptions from them who enter into the Ministerie; namely, That
they should both in publick and private prayers commend the Prelats to
Gods mercifull protection; That they should be subject to the orders
which were now in the Church, or, by the consent of the Church, that
is, by their consent (as they affirme) should be established; as to
the Service Book, and to the Book of Canons. The heavinesse of this
grievance made the most part of his Majesties subjects to complaine
in these Articles, that worthy men which have testimonies of their
learning from Universities, and are tryed by Presbyteries to be fit for
the worke of the Ministerie, and for their gifts and lives were much
desired by the people; yet these men are kept out because they could
not be perswaded to subscribe and swear unto such unlawfull oaths,
which have no warrant from the Acts of the Church, nor the laws of
the Kingdome; and they were Articles and oaths conceived according to
their pleasure; and men of little worth, and ready to sweare, were for
by-respects thrust upon the people, and admitted to the most eminent
places of the Church, and of the Schools of Divinity, which breeds
continuall complaints, and moves the people to run from their owne
parish Churches, refusing to receive the Sacrament from the hands of
Ministers set over them against their hearts, which makes them not to
render unto them that honour which is due from the people to their
Pastours; and it is a mighty hinderance to the Gospel, to the soules of
the people, and to the peace of this Church and Kingdome.

Whereas in the Assembly holden at Edinburgh, in March, Ann. 1578. it
was declared that it was neither agreeable to the word of God, nor
to the practice of the Primitive Church, that the Administration of
the Word and Sacraments, and the ministration of civill and criminall
justice should be confounded, that one person could supply both the
charges, but that a Minister should not be both a Minister and a
Senator in the Colledge of justice. And in the Assembly holden in
October An. 1578. it was reckoned amongst the corruptions of the State
of Bishops, which they were charged to forgoe, that they should usurp a
criminall jurisdiction, that they should not claime unto themselves the
titles of Lords, that they should onely be called by their owne names,
or brethren; yet the said Master David Lyndsey, with his foresaid
Colleagues respective, have assumed to themselves the titles and
honours of Lords, they did sit as Senators in the Colledge of justice,
as Councellours in the Privie Councell, as Auditors in the Exchequer,
and have enjoyed prime Offices of State. The pretended Bishops have
usurped the place and precedencie before all Temporall Lords, the
pretended Archbishops before all the noble Earles of the land, and the
pretended Primate before the prime Officers of State in the land.

Whereas by the Word of God and Acts of the Assembly, namely, Anno 1576.
1577. and 1578. no man should be suffered to be a Minister, unlesse hee
be tied to a particular flocke and congregation; and not to be tied to
a particular flocke it is condemned as a corruption of the state of
Bishops which they were charged to forgoe; yet the said Master David
Lindsey, with his Colleagues respective foresaid, are Ministers, and
will not be tied to particular flockes.

Whereas the office of a Bishop (as it is now used within this Realm)
was condemned by the booke of policie, and by the Act of the Assembly
holden at Dundee, Anno 1580. whereof these are the words; Forasmuch as
the office of a Bishop (as it is now used and commonly taken within
this Realme) hath no sure warrant from authoritie, nor good ground out
of the Scriptures, but it is brought in by the folly and corruptions
of the inventions of men, to the great hurt of the Church, The whole
Assembly of this Church, with one voice, after liberty given to all men
to reason in the said matter (no man opposing himself to maintain the
said pretended office) doe find and declare the said pretended office,
used and termed as is above said, unlawfull in it selfe, as having
neither ground nor warrant within the Word of God; and we doe ordaine
that all such persons which doe, or shall hereafter, enjoy the said
office, shall be charged simply to dismisse, quit, and leave the same,
as an office unto which they were not called by God; and that they
shall leave off all preaching, ministration of the Sacraments, or other
offices of Pastors, untill such time as they receive admission _de
novo_ from the generall Assembly, under the paine of excommunication to
be used against them; and if they be found disobedient to contradict
this Act in the least point, after due admonition, the sentence of
excommunication shall be executed against them. And for the better
execution of the said Act, it is ordained that a Synodall Assemblie
shall be holden in everie Province (in which usurping Bishops are)
18. August next to come, in which they shall be cyted and summoned by
the Visitors of the said Countries to compeere before their Synodall
Assemblies; as namely, The Archbishop of S. Andrewes to compeere at
Saint Andrewes, The Bishop of Aberdene in Aberdene, The Archbishop of
Glasgow in Glasgow, the Bishop of Murray in Elgin, to give obedience
to the said act, which if they refused to do, that the Synodall
Assemblies shall appoint certaine brethren of their Presbyteries to
give them publike admonitions out of their Pulpits, and to warne them,
if they disobey, to compeere before the next generall Assembly to be
holden at Edinburgh 20. Octob. to heare the sentence of excommunication
pronounced against them for their disobedience: and to this act the
Bishop of Dumblane that then was, agreed, submitting himself to be
ruled by it; it was also condemned by the act of Glasgow Anno 1581.
which doth ratifie the former act of Dundee, and ordaines the book
of policie, which was approved by severall Generall Assemblies to be
registrated in the books of the Assemblie, and enjoyned the generall
confession of faith to be subscribed by all his Majesties Lieges;
Yet hath the said Master David Lyndsey with his foresaid Colleagues
respective, not onely incroached upon the liberties of Presbyteries and
Synods, but hath also took Consecration to the office of a Diocesan
Bishop, without the knowledge or consent of the Church, and against the
acts of it, claiming the power of ordination and jurisdiction, as due
to him by that unwarrantable office.

Besides, the said Master David Lyndsey, with his foresaid colleagues
respective, have, against the Lawes of the Church and Kingdome, brought
in the Service book, the book of Canons, and the High Commission Court,
and would have changed and overthrowne the whole frame of doctrine of
Gods word, the use of the Sacraments, the Discipline, Liberties and
Priviledges of this Church and State, if the Lord had not prevented
them; The particulars wee shall present to your wisdomes, though it
bee knowne to all men, how he and they have abused his Majesties
Authoritie against his Royall intentions and Declarations, they having
moved discontents betwixt the King and his subjects, by scandalous lies
betwixt subject and subject, for which things, complaints have been
given in to the Councell, which we hold heare to be repeated as a part
of our complaint, and to be tried by your wisdomes, and referred to the
Assemblie.

Besides all these faults, the said Master David Lyndsey with his
Colleagues respective, in his life and conversation is slandered
constantly as guiltie of excessive drinking, whoring, playing at
Cards and Dice, swearing, profane speaking, excessive gaming,
profaning of the Sabbath, contempt of the publike ordinances and
private familie-exercises, mocking of the power of preaching, prayer,
and spirituall conference, and sincere professors; besides, with
briberie, simonie, selling of Commissariots places, lies, perjuries,
dishonest dealing in civill bargaines, abusing of their vassals, and of
Adulterie, and Incest, with many other offences, of which we shall give
the particulars in our particular accusations.

Whereas the Presbyterie is the ordinarie judicatorie of this Church
for trying of these offences, and hath the Ecclesiasticall power for
cytation of the parties and offenders, with the reference to their
complaints to the Generall Assemblie, Therefore wee most earnestly and
humblie beseech your godly wisdomes, as you tender the glory of God,
the peace and libertie of this Church, the removall of scandals, and
punishment of vice, that you will take into your consideration and
triall the foresaid many and hainous offences, with the particular
reservations and qualifications of them, which we shall present to your
wisdomes, or to the Assemblie when it shall be thought convenient;
and that you would either take order with it your selves, and censure
the offenders, according to the nature of the offences, with the
Ecclesiasticall paines contained in the Acts and foresaid Canons of
this Church and Kingdome, or else make a reference of them to the
Generall Assemblie to bee holden at Glasgow 21. Novemb. and, that
the knowledge of these should come to the Delinquents, that you will
be pleased to ordaine the publishing hereof, to bee made by all the
Brethren of the Presbyterie in their Pulpits upon the Sabbath before
noone, with a publike admonition to the offenders to be present at the
Assemblie, to answer to this complaint, and to undergo the censure
and triall of it, and to bring with them the books and scroules
of subscriptions and oaths required from those who enter into the
Ministerie, with the books of the High Commission Court, and the books
of the Generall Assemblie, which they or their Clerk had or have
fraudulently conveied away, Together with this certification, That if
the said Master David Lyndsey, with his foresaid colleagues respective,
do not appeare in the said Assemblie, and bring with them the said
books, to answer to this complaint in generall, and to the particular
heads of it, and to submit himselfe to the triall and proofe of this
complaint generall, and to the particular heads of it, that there
shall be a condigne censure of these offenders for their contempt and
contumacie; Here wee humblie beseech your wisdomes answer.

       *       *       *       *       *


_The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares, in
answer to this Complaint._

Upon the said day, we the Brethren of the Presbyterie of Edinburgh,
after we had received this Bill and complaint, presented unto us by
the Laird of Buchanan, The Laird of Dury the younger, The Laird of
Carlourie, John Smith late Bailife of Edinburgh, John Hammiltoun,
and Richard Maxwel, in name of the Noblemen, Barons, Burgesses, and
Commons, subscribers of the Covenant (which are not Commissioners to
the Generall Assemblie) against the pretended Archbishops and Bishops
of this Kingdome, and after wee had read and seriously considered
the same, wee, according to the desire of the complainers, did and
do referre the same to the next Generall Assemblie to bee holden at
Glasgow 21. November. And wee ordaine the publishing of this complaint,
and of our reference of it to the Assemblie, to be fully read by all
the Pastors of the Presbyterie upon the next Sabbath before noone out
of their Pulpits, with a publike warning and cytation to the offendants
complained upon; By name, Master John Spotswood pretended Archbishop
of Saint Andrewes, Master Patrick Lyndsey pretended Archbishop of
Glasgow, Master Thomas Sydserfe pretended Bishop of Galloway, Master
David Lyndsey pretended Bishop of Edinburgh, Master Alexander Lyndsey
pretended Bishop of Dunkeld, Master Adam Bannatine pretended Bishop of
Aberdene, Master John Gutherie pretended Bishop of Murray, Master John
Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop
of Orknay, Master John Abernethie pretended Bishop of Caithness, Master
Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne
pretended Bishop of Dumblane, Master James Fayrley pretended Bishop
of Argyle, Master Nail Campbell pretended Bishop of the Isles, to be
present at the said Assemblie, to answer to this complaint in generall,
and to the particular heads of it, to undergo the triall and censure of
it, and to bring with them the books and scroules of the subscriptions
and oaths of them who enter into the Ministerie, the books of the
High Commission, and the book of the Generall Assemblie, which they
either had or have fraudulently put away; and if any Pastor within this
Presbyterie refuse to publish this cytation, we require the Reader of
the Church to do it. In like manner wee require all parties who have
interest, either in pursuing, or specifying, or proving this complaint,
to be present at the said Assemblie for that purpose; Upon which the
complainers took instruments in the hands of the Notarie.

According to this complaint, and the warrand of the Presbyteries
reference of it, I A. R. warne and admonish the abovenamed offenders to
compeere before the next Generall Assemblie to bee holden at Glasgow
21. November, for the causes contained in the complaint, and for the
certification expressed in it.

       *       *       *       *       *


1638.—October.

84. _Notice from Tables to Members of Assembly._[109]

1. That all Noblemen subscribers of the Covenant (except the Noblemen
of the West, who shall be ready upon advertisement) meet at Edinburgh
the 12. of November, and stay there till they goe to Glasgow, where
they shall all meet on Saturday the 17. of November at the furthest.

2. That the full number of these who are appointed Commissioners by
the severall shires, to attend this common cause, with foure Gentlemen
within the bounds of every Presbyterie at the least, out of the number
of their Assessors, without excluding any voluntaries, That they come
to Glasgow the 17. day of November, to attend constantly the Assembly,
and give their advice in the common cause to the ruling Elders,
Commissioners to the Assembly out of these Shires and Presbyteries.

3. That the Burrowes appoint (according to their quality and number)
two, foure, or six of most judicious men to come to Glasgow the 17. of
November, and there constantly to attend the Assembly, and give their
advice to their Commissioner in this common cause.

4. That the Fast be observed the fourth day of November universally,
with any other dayes they may conveniently: and if any be repairing to
the Assembly, that they keepe the Fast where they shall bee for the
time.

5. That now especially, seeing rulers Elders from particular
Congregations are received in Presbyteries, that particular
Congregations take such course that no Minister Commissioner be forced
to be absent from the Assembly for want of necessarie charges.

6. That where any hath beene deceived or compelled to subscribe this
new Covenant, that the Ministers take their Declarations in writing, or
by act in the bookes of Session, or before one witnesse, that they were
forced, deceived, or mistaken: And that every Minister make known, and
intimate publikely to the people the printed protestation, contayning
the reasons against this new subscription; and where the Minister
refuseth, that some well affected Gentleman doe it.

       *       *       *       *       *


1638.—November 16, 17, and 20.

85. _The Declinator and Protestation of the Archbishops, and Bishops,
of the Church of Scotland, and others their Adherents within that
Kingdome: Agaynst the pretended Generall Assemblie, holden at Glasgow,
Novemb. 21. 1638. Aberdene, Printed by Edward Raban, According to
the Copie Printed at London_ 1639. ☞ It is his Majesties pleasure
that this be printed: For the which, this shall bee your Warrand:
HAMILTON.[110]

We Arch-bishops, Bishops, and other Under-subscrybers, for our selues,
and in name & behalfe of the Church of Scotland, (whereas it hath
pleased the King’s Majestie, to indict A Generall Assemblie of the
Church, to bee kept at Glasgow, Novemb. 21. 1638. for composing and
setling of the Distractions of the same) First doe acknowledge, and
professe, That A Generall Assemblie, lawfullie called, and orderlie
conveaned, is a most necessarie & effectual Meane, for removing those
evills wherewith the sayd Church is infested, and for setling that
Order which becometh the House of GOD: and, That we wish nothing more,
than a Meeting of a peaceable and orderlie Assemblie, to that effect.
Secondlie, we acknowledge, and professe, as becometh good Christians,
and faythfull Subjects, That his Majestie hath authoritie, by his
Prerogatiue Royall, to call Assemblies, as is acknowledged by the
Assemblie at Glasgow, 1610, and Parliament 1612. and, That it is not
lawfull to conveane without his Royall consent, and approbation, except
wee will put our selues in danger to be called in question for Sedition.

Yet, never-the-lesse, in sundrie respectes wee can not but esteeme
this Meeting at Glasgow, most vnlawfull, and disorderlie: and their
Proceedinges voyde, and Null in Lawe, for the Causes and Reasons
following.

I. First: Before his Majesties Royall Warrand to my Lord Commissioner
his Grace, to indict A Lawfull Free Generall Assemblie, the vsurped
Authoritie of the Table, (as they call it) by their Missiues, and
Instructions, did giue order and direction, for all Presbyteries,
to elect and choose their Commissioners for the Assemblie; and for
seeking of GOD’S Blessing to it, to keepe a solemne Fast, September 16:
whereas his Majesties Warrand, for indicting of that Assemblie, was not
published till the 22 of that Moneth. So that they Preventing, and not
proceeding by Warrand of Royall Authoritie, the pretended Commissioners
beeing chosen before the Presbyteries were authorised to make election,
can not be reputed Members of a Lawfull Assemblie.

II. A Lawfull Assemblie, must not onelie bee indicted by Lawfull
Authoritie, (as wee acknowledge this to bee) but also constituted
of such Members, as are requisite to make vp such a Bodie. For, if
according to the Indiction, none at all doe conveane; or, where the
Clergie is called, there meet none but Laicks; or moe Laicks, than
of the Clergie, with equall power, to judge, & determine; or such of
the Laicks, and Clergie, as are not lawfullie authorized, or are not
capable of that Employment by their Places; or such as are legallie
disabled to sit, and decide in an Assemblie of the Church. A Meeting
consisting of such Members, can not be thought a Free and Lawfull
Assemblie, by that Act of Parliament, Iac. 6. Parl. 3. cap. 46. 1572.
Everie Minister, who shall pretend to be a Minister of God’s Word and
Sacraments, is bound to giue his assent & subscription to the Articles
of Religion, contayned in the Acts of our Soveraygne Lord’s Parliament;
and in presence of the Archbishop, Superintendent, or Commissioner of
the Province, giue his Oath, for acknowledging and recognoscing of
our Soveraygn Lord, and his Authoritie, and bringing a Testimoniall
in writ therevpon; and openlie, upon some Sunday, in tyme of Sermon,
or publicke Prayers, in the Church where hee ought to attend, reade
both the Testimoniall and Confession, and of new make the sayd Oath,
within a moneth after his admission; vnder the payne, that everie
person, that shall not doe as is aboue-appoynted, shall _ipso facto_ be
deprived, & all his Ecclesiasticall promotions, and living, shall be
then vacant, as if he were then naturallie dead; and that all inferiour
persons, vnder Prelates, be called before the Arch-bishops, Bishops,
Superintendents, and Commissioners of the Dioceses, or Province, within
which they dwell, as the Act beareth.

III. All of the Clergie conveaned to this Assemblie, pretend themselues
to bee Ministers of GOD’S Word, and Sacramentes, and haue Benefices,
or other Ecclesiasticall Livings, yet neverthelesse the most part of
them, haue never in presence of the Archbishop, Bishop, Superintendent,
or Commissioner of the Diocese, or Province, subscrybed the Articles
of Religion, contayned in the Actes of Parliament, and given their
oath, for acknowledging and recognoscing our Soveraygne Lord, and his
Authoritie, and brought a Testimoniall thereof: And, therefore, they
are, _ipso facto_, deprived, and their places voyde, as if they were
naturallie dead, and consequentlie having no place nor function in
the Church, can not be Commissioners to this Assemblie: _hoc maximè
attento_, that the sayd persons not onlie haue never given their
Oath, for acknowledging his Majesties Authoritie, nor can show no
Testimoniall therevpon, as they are bound by the sayd Act: But also
having as subjectes comprehended in the representatiue bodie of this
Kingdome, “Promised to acknowledge, obey, mayntayne, defende, and
advaunce, the Lyfe, Honour, Safetie, Dignitie, Soverayne Authoritie,
and Prerogatiue Royall, of his Soverayne Majestie, his Heyrs &
Successours, and Priviledges of his Highnesse Crowne, with their
lyues, lands, and goods, to the vttermost of their power, constantlie,
& faythfullie, to withstand all and whatsoever persons, powers, and
estates, who shall presume, preasse, or intende, anie wyse to impugne,
prejudge, hurt, or impare the same; and never to come in the contrarie
thereof, directlie or indirectlie, in anie tyme coming; as the Acts of
Parliament, Jac. 6. Parl. 18. cap. 1. Car. Parl. cap. 1. doe proport.”

And more-over, Being obliedged at their Admission, to giue their
Oath, for performance of this duetie of their Alledgeance; “And to
testifie and declare on their conscience, That the KING is the lawfull
Supreame Governour, as well in matters Spirtuall and Ecclesiasticall,
as Temporall; and to assist and defende all Iurisdiction and
Authoritie, belonging to his Majestie, by the Act of Parliament
1612.” Yet notwithstanding of the sayde Bandes, Actes, and Promises,
whereby the sayd persons are so strictlie bound to the performance
of the Premisses, his Majestie having ordayned, by Act of Councell,
at Holie-Rood-House, Sept. 24. 1638. and Proclamations following
therevpon, That all his Majesties Liedges, of whatsoever estate,
degree, or qualitie, Ecclesiasticall or Temporall, should sweare and
subscrybe the sayde CONFESSION; together with a generall BAND, for
defending his Majesties person and authoritie, agaynst all Enemies
within this Realme, or without, haue not onlie refused to subscrybe
the sayd BAND and CONFESSION; but haue in their Sermons, and other
Speaches, disswaded, deterred, impeded, and hindered others of the
Liedges to subscrybe the same; and publicklie protested agaynst the
subscription thereof: And therevpon can not conveane, nor concurre
lawfullie, to the making vp of the bodie of an Assemblie of the
CHVRCH, as being deprived and denuded of all place and function in the
same.

IV. A Generall Assemblie was condescended vnto, out of his Majesties
gracious Clemencie, and pious Disposition, as a Royall Favour to those
that so should acknowledge the same, and acquiesce to his gracious
pleasure, and carrie themselues peaceablie, as loyall and duetifull
Subjects, which the Commissioners directed to this Assemblie, supposed
to bee of the number of those that adheare to the last Protestation
made at Edinb. Sept. 1638. doe not so account of, and accept, as
appeareth by the sayde Protestation: whereby they protest, That
it shall bee lawfull for them, as at other times, so at this, to
assemble themselues, notwithstanding anie impediment, or prorogation,
to the contrarie: as also by continuing their Meetings and Table,
discharged by Authoritie, refusing to subscrybe the BAND according to
his Majesties, and Councells, command, for mayntayning his Majesties
Royall person, and authoritie, protesting agaynst the same; still
insisting with the Liedges, to subscrybe the Band of mutuall defence,
agaynst all persons what-so-ever, and remitting nothing of their former
proceedinges, where-by his MAIESTIES wrath was provoked: thereby they
are become in the same state and condition wherein they were before
his Majesties Proclamation and pardon; and so forfayte the favour of
this Assemblie, and libertie to bee Members thereof. And others of
his MAIESTIES Subjectes may justlie feare to meete with them in this
Convention, for that by the Act of Parliament, lac. 6. Parl. 15. Cap.
31. Prelacies beeing declared to bee one of the three Estates of this
Kingdome, and by the Act of Parliament, lac. 6. Parl. 8. Cap. 130.
All persons are discharged to impugne the dignitie and authority of
the three Estates, or any of them in time coming, vnder the paine
of Treason. And whereas the King by his Proclamation, declareth
Archbishops and Bishops, to haue voyce in the Generall Assemblie,
and calleth them to the same for that effect, as constantlie they
haue beene in vse in all Assemblies, where they were present, as
appeareth by manie Acts of the Generall Assemblie, ordayning them
to keepe and assist at the same, as in the Assemblie at Edinburgh,
December 15. 1566. At Edinburgh, March 6. 1572. At Edinburgh, May
10. 1586. And by a Letter, written by the Assemblie, March 6. 1573.
to the REGENT, earnestlie desiring his owne, or his Commissioner’s,
presence, and the Lords of Councell and the Bishops, at the Assemblie.
They notwithstanding by the sayde Protestation, September 22. declared
Archbishops and Bishops, to haue no Warrand for their Office in this
CHURCH, to be authorized with no lawfull Commission, and to haue no
place nor voyce in this Assemblie; and withall doe arrogate to their
Meetinges, a Soveraygne Authoritie, to determine of all Questions and
Doubtes that can aryse, contrarie to the freedome of the Assemblie,
whether in Constitution and Members, or in the matters to bee treated,
or in manner and order of proceeding. Which howe it doeth stand with
his Majesties supremacie, in all Causes, and over all persons, wee
leaue it to that judgement, wherevnto it belongeth; and doe call GOD
and Man to Witnesse, if these bee fit Members of an Assemblie, intended
for the Order and Peace of the CHURCH.

V. Giving, and not graunting, That the persons foresayde, directed
Commissioners in name of the Clergie, to this Meeting, were capable of
that Authoritie, and that the sayd Presbyteries had the authoritie, to
direct Commissioners to the Generall Assemblie; yet haue they nowe
lost, and fallen from all such Right, if anie they had; in so farre
as they haue deposed the Moderators, who were lawfullie appoynted to
governe them, by the Bishops in their Synodes, and elected others
in their places, contrarie to the Act of the Assemblie at Glasgow,
1610, and Act of Parl. 1612; ordayning Bishops to be Moderators at
these Meetinges; and in their absence, the Minister whome the Bishop
should appoynt at the Synode. So these Meetings having disclaymed the
Authoritie of Bishops, deposed their lawfull Moderators, & choosing
others, without Authoritie, can not bee esteemed lawfull Convocations,
that can haue lawfull power of sending out Commissioners, with
authoritie, to judge of the Effayres of this CHVRCH.

VI. And yet doeth the Nullitie of the Commissions flowing from such
Meetinges, farther appeare in this, That they haue associate to
themselues, a Laicke-ruling-Elder, (as they call them) out of everie
Session, and Parish; who beeing ordinarilie the lord of the Parish,
or the man of the greatest authoritie in the Boundes, doeth over-rule
in the election of the sayd Commissioners, both by his authoritie,
and their number being moe than the Ministers, whereof some beeing
ordinarilie absent, and fiue or six, or so manie of them, put in
list, and removed, there remayne but a few Ministers, to voyce to
the Election: and in effect the Commissioners for the Clergie, are
chosen by Laymen, contrarie to all order, decencie, and custome
observed in the Christian world; no wyse according to the custome of
this CHVRCH, which they pretend to follow; the Presbyteries formerlie
never associating to themselves Lay-Elders in the election of the
Commissioners to the Generall Assemblie, but onlie for their assistance
in Discipline, and correction of Manners; calling for them at such
occasions, as they stoode in neede of their Godlie Concurrence;
declaring otherwyse their meeting not necessarie; and providing
expresselie, that they should not be equall, but fewer in number, than
the Pastors: as by the Act of Assemblie at Saynct-Andrewes, Aprill
24, 1582, (where Master Andrew Melvill was Moderatour) doeth appeare:
lyke as these fourtie yeares by-gone, and vpwardes, long before the
re-establishing of Bisshops, these Lay-Elders haue not beene called
at all to Presbyteries. And by the Act at Dundie, 1597; whereby
it is pretended, That Presbyteries haue authoritie to sende these
Lay-Commissioners, it doeth no wyse appeare, that those Lay-Elders
had anie hand in choosing of the Ministers. And this is the onlie Act
of the Assemblie, authorizing Presbyteries, to choose Commissioners
to the Generall Assemblie: nor haue Lay-Elders sate ordinarilie in
Presbyteries, vpon anie occasion, these fourtie yeares, and vpwardes:
nor ever had anie place, nor voyce, in the election of Ministers, for
the Generall Assemblie; and consequentlie, these chosen by them to this
Assemblie, haue no lawfull power, nor authoritie.

VII. Beside; the persons Ecclesiasticall, pretended to be authorized
Commissioners to this Assemblie, haue so behaved themselues, that
justlie they may be thought vnworthie and vncapable of Commission to a
Free and Lawfull Assemblie.

1. For that by their seditious and rayling Sermons and Pamphlets, they
haue wounded the KING’S Honour and Soveraygne Authoritie, and animated
his Liedges to Rebellion; averring that all Authoritie Soveraygne,
is Originallie in the Collective bodie, derived from thence, to the
Prince; and that not onlie in case of negligence, it is Suppletive in
the Collectiue bodie, as beeing communicate from the Commontie to the
King; Cumulative, not Privative; but also in case of maladministration,
to returne to the Collectiue bodie; so that _Rex excisit jure suo_, and
that they may refuse Obedience.

2. Next; they are knowne to bee such as haue eyther beene
Schismaticallie refractarie and opposite to good Order setled in
the CHVRCH and STATE; or such as having promised, subscribed, and
sworne Obedience to their Ordinarie, haue never made conscience of
their Oath; or such as haue sworne, and accordinglie practised; yet
contrarie to their Promise and Practise, haue resiled, to the contempt
of Authoritie, and disturbance of the CHVRCH; or such as are vnder the
Censures of the Church of Ireland, for their disobedience to Order; or
vnder the Censures of this CHVRCH; or conveaned, at least deserving to
bee conveaned before the Ordinaries, or a lawfull Generall Assemblie,
for diverse Transgressions, deserving deprivation: As, first, For
vttering in their Sermons rash and irreverend speaches in Pulpit,
agaynst his Majesties Councell, and their Procedinges, punishable by
Deprivation: by the Act of Assemblie at Edinburgh, May 22. anno 1590.
Next; For reproving his Majesties Lawes, Statutes, and Ordinances,
contrarie to the Act of Assemblie at Pearth, May 1. Anno 1596.
Thirdlie; For expressing of mens names in Pulpit, or descrybing them
viuelie to their reproach, where there was no notorious fault; agaynst
another Act of the same Assemblie. Fourthlie; For vsing Applications
in their Sermons, not tending to the edification of their present
Auditorie; contrarie to another Act of the same Assemblie. Fiftlie;
For keeping Conventions, not allowed by his Majestie, without his
knowledge, and consent; contrarie to another Act of the same Assemblie.
Sixtlie; For receaving of people, of other Ministers Flockes, to the
Communion; contrarie to Order, Actes of Assemblies, and Counsels.
Seaventhlie; For intruding themselues into other mens Pulpits,
without Calling or Authoritie. Eyghtlie; For vsurping the Authoritie
to convent their Brethren, and proceede agaynst them to the Censures
of Suspension, and Deprivation. Nynthlie; For pressing the people to
subscrybe a Covenant, not allowed by Authoritie; and opposing and
withstanding the subscrybing of a COVENANT offered by his Majestie, and
allowed by the Counsell: Beside manie personall faultes and enormities,
whereof manie of them are guiltie, which in Charitie, we forbeare to
expresse. But heereby it doeth appeare, how vnfit these persons are, to
bee Members of a Free and Lawfull Assemblie.

VIII. Nor doeth it stand with Reason, Scripture, or Practise of the
Christian Church, that Lay-men should bee authorized to haue decisiue
voyce in a Generall Assemblie. In that Act of Dundie, 1597, whereby
these Elders pretende to haue this place, there is no Warrand expressed
for them, to deliberate and determine. Their presence and assistance
wee approue, being allowed and authorized by the Prince. The Kings
Majesties presence in person, or by his Delegates, wee holde moste
necessarie to see all thinges orderlie and peaceablie done; and that
hee haue the chiefe hand in all Deliberations and Determinations.
Nor doe wee refuse, that anie Intelligent or moderate man, may make
remonstrance of his opinion, with the reasons of it, in that way that
becommeth him in a Nationall Assemblie; due reverence beeing kept, and
Confusion avoyded. But that anie Lay-man, except hee bee Delegate by
Soveraygne Authoritie, shall presume to haue a definitiue and decisiue
Voyce, wee esteeme it to bee intrusion vpon the Pastorall Charge, and
without Warrand. May wee not, therefore, intreat my Lord Commissioner
his Grace, in the words of the Fathers of the Fourth Generall Councell
at Chalcedon, _Mitte foras superfluos_? Nor will a pious Prince
bee offended with it, but, with Theodosius the younger, will say,
_Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcoporum,
Ecclesiasticis immisceri tractatibus_ ________ And Pulcheria the
Empresse, commaunded _Strategus, Vt Clerici, Monachi, & Laici, vi
repellerentur, exceptis paucis lilis, quos Episcopi secum duxerunt_.
Upon this respect was Martinus in that Councell of Chalcedon, moved to
say, _Non esse suum, sed Episcoporum tantum subscribere_.

IX. If these pretended Commissioners, both Lay and Ecclesiasticall,
were lawfullie authorized, (as it is evident they are not,) and for
none other cause declinable, yet the Law doeth admit, that justlie
a Iudge may bee declined, who is probablie suspect. And of all
probabilities, this is the most pregnant, when the Iudge, before hee
come to judgement, doeth giue sentence of these things hee hath to
judge. This made our Reformers Protestation agaynst the Councell of
Trent valide; and their not compearing, justifiable, because Pope Leo
10 had precondemned Luther, as appeared by his Bull, dated 8 Iunii,
1520, renewed by Paul 3, dated in August 1535. This was the cause why
Athanasius would not giue his appearance at some Councells, nor Hosius
of Corduba, nor Maximus Patriarch of Constantinople. But so it is,
the most part, if not all of the sayde Commissioners directed to this
Meeting haue precondemned EPISCOPALL GOVERNMENT, and condemned, at
least suspended Obedience to the Acts of the Generall Assemblie and
Parliament, concerning the fiue Articles of Pearth, haue approven their
COVENANT as most necessarie to be embraced of all in this Kingdome;
and not onelie haue given judgement of these thinges before-hand; but
by most solemne Oathes haue bound themselues, to defende and stand to
the same: as doeth appeare by their Covenant, Petitions, Protestations,
Pamphlets, Libels, and Sermons. And, therefore, by no Law nor Equitie,
can these pretended Commissioners bee admitted to determine in this
Meeting, concerning these Persons and Poynts, which before-hand they
haue so vnjustlie condemned.

X. Farther: with no Law nor Reason can it subsist, that the same
persons shall bee both Iudges and Parties. And wee appeale the
Consciences of all honest men, if all, at least the greatest parte
of the pretended Commissioners, haue not declared themselues Partie
to the Arch-bishops, and Bishops, of this CHVRCH: for in that they
haue declyned the Bishops to be their Iudges as beeing their Partie,
(as their Declinators, Petitions, Declarations, and Protestations doe
beare,) haue they not _simul & semel, & ipso facto_ declared themselues
to bee Partie agaynst Bishops? Whom they haue not onlie declyned,
but persecuted by their Calumnies and Reproaches, vented by word and
writ, in publicke and in private; by invading their persons, opposing
and oppressing them, by strength of an vnlawfull Combination; for the
subscrybing and swearing whereof, they haue by their owne Authoritie
indicted and kept Fastes, not onelie in their owne Churches, but
where worthie men refused to bee accessorie to these disorderlie and
impious Courses, they haue, by ayde of the vnruly multitude, entered
their Churches, vsurped vpon their Charges; reading, and causing to be
read, that vnlawfull Covenant; by threatning and menacing, compelling
some (otherwise vnwilling) out of just feare, to set their hands to
it; by processing, suspending, and removing obedient and worthie
Ministers from their places by the vsurped Authoritie of their Table,
and Presbyteries. And whereas by all Law and Iustice, persons finding
themselues wronged in Iudgement, haue never beene denyed the remedie
of Declinatorie and Appellation: Neverthelesse not a few of these
Presbyteries haue proceeded against sundrie worthy Ministers, who haue
declined and appealed from their Iudgments, without respect to this
Defence: by these means craftilie intending to disable them to be
Commissioners for the CHVRCH; directlie, or indirectlie, causing their
Stipendes to bee kept backe from them: By which meanes, not the least
parte of the subscribing Ministers haue bene gained to their Covenant.

But it is without example, vncharitable, and illegall, that vnder the
pretext of Summons (the like whereof was never vsed, nor in the like
manner, agaynst the most haynous Malefactors in the kingdome) they haue
devised, forged, vented, and published a most infamous and scurrile
Libell, full of impudent Lies, and malicious Calumnies, against the
Arch-bishops, and Bishops, of this CHVRCH: and haue first given out
from their Table, the Order prescrybed in these subsequent Articles,
which we haue insert, that the World may be Witnesse of the Illegalitie
and Malicousnesse of their Proceedinges.

1. To desire the Presbyterie of everie Bishop, especiallie where hee
keepeth his residence, as also the Presbyterie where his Cathedrals
Seat is, to haue a speciall care of this Bill, and Complaynt agaynst
the Prelates, and particularlie agaynst the Bishop of their Diocese.

2. That some Noble-men, if anie be within the Presbyterie, some
Gentle-men and Barons, some Ministers, and some Commons, who are
not chosen Commissioners to the Assemblie, in their owne Name, and
in Name of all other Covenanters, or Complayners, eyther within the
Presbyterie, or Diocese, or whole Kingdome, who are not Commissioners
to the Assemblie, will adheare and assist in this Complaynt, that they
present this Bill to the Presbyterie.

3. That they who are Complayners, haue a particular care to fill up
the Blanks left in the Bill, in the Subsumptions of the particular
Faults committed by the Bishop of the Diocese, agaynst these generall
Rules, Canons, and Actes: or if these Blankes will not contayne the
same, that the Complayners draw vp in a particular Clayme, all the
particular Faultes, and Transgressions of the Bishop of that Diocese,
agaynst these Rules, Canons, and Acts, or anie other Law of the Church,
or Kingdome; and present the same to the Presbyterie, with this
generall Complaynt. And if they can not get the Particulars presentlie
readie, notwithstanding, they present without anie delay, because of
the scarcenesse of the tyme, this Complaynt, as it standeth with the
Blanks: and in the meane tyme, may gather anie other Particulars,
agaynst the Assemblie, to which this Complaynt is to bee referred.

4. That the Presbyterie finding the Complaynt important, & the Generall
Assemblie so approaching, referre the same to the Generall Assemblie,
by an Act of this Reference, insert in the Bookes of the Presbyterie.

5. That vpon this Reference of the Complaynt to the Assemblie, the
Presbyterie admonish the Complayners, _apud acta_, to be present at the
sayde Assemblie, for assisting and verifying of the sayde Complaynt.

6. That the Presbyterie ordayne all their Pastors, out of Pulpit,
on a Sabbath-day, before noone, to cause reade publicklie this whole
Complaynt, and the Presbyteries Reference to the Assemblie; and so to
admonish the Bishop of that Diocese, the Delinquent complayned upon,
with the rest of his Collegues, to be present at the Gen. Assembly,
to answere to the particular Complaynt, both in the particular and
generall heads thereof, given, or to be given in; & to abide the
censure & tryall of th’ Assemblie therevpon. And lykwyse, out of Pulpit
to admonish all others, who haue interest eyther in the persuing, or
referring this Complaynt, to be present, at the sayd Assemblie.

7. That the Presbyterie insert, in their Presbyterie-Bookes, the whole
tenour of this Complaynt, both in the generall and particular heads
thereof; and that they haue a care, to cause deliver, by their ordinary
Beadell, to the Bishop of the Diocese, a Copie thereof, and a Copie
of an Act, referring the same to the Assemblie; and summon him, to
compeare before the Assemblie. And if he be within the Countrey, and
cannot be personallie apprehended, to affix a full copie thereof vpon
each dwelling place, and vpon the most patent doore of the Cathedrall
Church, and Episcopall Seat.

8. That the Complayners, within the Presbyterie where the Bishop is
resident, or hath his Cathedrall, be carefull to keep corresponce
with those in other Presbyteries within their Diocese, who best can
specifie and verifie their Bishops vsurpation, & transgressions; and
who had particular Articles, to gather particular Declarations, and
Informations, of the same.

9. That some of these Complayners, in their own name, and with Warrand
and Power from the rest, without fayling, attend the Assemblie,
with the generall Complaynt, and particular Verifications, and
Specifications, of the same.

10. That in case the Presbyterie where the Bishop hath his residence,
or where he hath his Cathedrall, and Episcopall Seat, refuse to receaue
this Complaynt, or referre the same to the Assemblie, or to admonish,
or cite, the Bishop delinquent, before the Assemblie, to aunswere to
the Complaynt; That the Gentle-men, and others, who are Complayners to
the Presbyteries, vpon their Refusall, take instrument, in the handes
of the Clerke of the Presbyterie, or anie Notarie; and protest, That
their Refusall of the ordinarie care of Iustice, procured (without
doubt) by the Bishop of that Diocese, delinquent, complayned of, the
equivalent of Law and Reason, bee a formall Citation of him. Which
Protestation, they may affixe vpon the dwelling-house of the sayde
Bishop, or vpon his Cathedrall Church, or vpon the pryme Church within
the Presbyterie. And, That they may deale with anie other Presbyterie
within the Diocese, who is better disposed, and vpon their receat of
the Complaynt, will referre the same to the Assemblie, and cite the
Bishop in manner aboue-expressed, to compeare before the sayd Assemblie.

11. Item: Perhaps some Minister within the Presbyterie, may thinke some
Heads of this Complaynt, not to be relevant in his Opinion, or know
the Bishop not to bee guiltie of all the particular Heads contayned
therein: Yet hee in Iustice can not refuse to referre the tryall of
the Relevancie, and Probation thereof, to the Generall Assemblie,
especially, seeing the Relevancie and Probation of moe or fewer Points
agaynst the Bishop of the Diocese, is sufficient; and seeing the
Subsumption of everie particular Head, is agaynst the Bishop of the
Diocese, with his Colleagues.

12. Item, to desire the Presbytery, vpon Complaynts vpon anie persons
within the same, against any scandalous Minister, eyther in Doctrine or
Lyfe, eyther to judge the Complaynt, or referre the same to the tryall
and censure of the Generall Assemblie, and so to admonish and cite the
Minsters complayned vpon, to compeare before the Generall Assemblie,
for that ende.

According to which Articles, vpon Sunday, October 28, they caused reade
the sayd Libell in all the Churches of Edinburgh, notwithstanding
my Lord Commissioners command given to the Provest and Baylies to
the contrarie, except in Holie-Rood-House, where it was read the
next Sunday, as it was in other Churches of the Kingdome: proceeding
heerein, 1. Agaynst all Charitie, which doeth not behaue it selfe
vnseemlie, nor delighteth in the discoverie of mens nakednesse, nor
take vp a reproach, nor backbite with the tongue; much lesse to write
a Booke agaynst a Brother. 2. Agaynst the order prescrybed by the
Apostle; Not to rebuke an Elder, but to intreate him as a Father: and
by the Act of Parliament, Iac. 6, Parl. 8, discharging all persons to
impugne or to procure the diminution of the authoritie & power of the
three Estates, or anie of them. 3. Agaynst all lawfull and formall
proceeding, speciallie, that prescrybed by Act of Generall Assemblie
at Pearth, Martij. 1, 1596; whereby it is ordayned, That all Summons
contayne the speciall Cause and Cryme: which the sayde Libell doeth
not: nameing onelie generall Calumnies, Reproaches, and Aspersions,
without instruction of anie particular, but leaving these to bee filled
vp by malitious delation, after they haue defamed their Brethren by
publishing this Libell: as appeareth by the 8 and 11 Articles of the
sayde Instructions. And agaynst the order prescrybed by the Assemblie
at Saynct-Andrewes, Aprill 24, 1582; whereby it is enacted, That in
processe of deprivation of Ministers, there be a libelled Precept
vpon fourtie dayes warning, beeing within the Realme; and threescore
dayes, being without the Realme, to bee directed by the Church, and
such Commissioners thereof, as elect and admit the person complained
of, summoning them to compeare, & answere vpon the Complaint. And in
case of their absence at the first Summons, the second to be directed
vpon the lyke warning, with certification: if hee faile, the Libell
shall be admitted to probation, and he shall bee holden _pro confesso_.
Which forme not beeing kept in a Summons inferring the punishment
of Deprivation, the same can not bee sustayned by the order of that
Assemblie. 4. Agaynst common Equitie, which admitteth Summons onlie by
the authoritie of that Iudge before whom the Delinquent is to compeare.
Whereby the Summons directed by the authoritie of these pretended
Presbyteries, can not sustayne, for compearance before the Generall
Assemblie, nor could reference bee made from the Presbyterie, to the
Generall Assemblie, the parties never beeing summoned to compeare
before the Presbyterie, whereby eyther in presence of the Partie, or
in the case of contumacie, the Complaynt might be referred to the
Assemblie. That there was no Citation before the Reference, is cleare,
by the sayd Instructions. And what a strange and odious forme it is,
to insert such a calumnious Libell in the Presbyterie-Bookes, without
citing of the Parties, to aunswere therevnto; and to cite the Bishops
before the Generall Assemblie, by the sayde Libell, by publishing the
same at Churches, to the which they had no Relation, and were manie
miles distant; wee leaue it to the judgement of indifferent men. 5.
Agaynst all Decencie, and respect due to men of their Place, the sayde
persons, beeing Men of Dignitie, and some of them of his Majesties
moste HONOVRABLE PRIVIE COVNCELL, and knowne to bee of blamelesse
Conversation, and to haue deserved well, thus to be reviled, and
traduced, doeth redound to the reproach of Church, and State, and of
the Gospell, whereof they are Preachers. 6. Lastlie, to omit manie
other Informalities agaynst their owne Consciences, which wee charge in
the sight of GOD, as they must answere before His Great and Fearfull
Tribunall, If they suspect, and know not perfectlie, according to the
judgement of Charitie, them whom they thus accuse, to bee free of
these Crimes, wherewith they charge them; at least of manie of them;
as appeareth evidentlie by the xj Article of the said Instructions,
having therein libelled the Generall, and haue yet to seeke the
Specification thereof, from the malice of their neighbours, if so bee
they can furnish it. By which informall and malitious Proceeding, it
is most apparent, that our sayd Parties doe seeke our disgrace and
overthrowe, most malitiouslie, and illegallie. And therefore, wee call
Heaven and earth to witnesse, if this bee not a barbarous, and violent
persecution, that all Circumstances being considered, hath few or none
to parallell it, since the beginning of Christianitie: and if wee haue
not just cause to decline the sayde pretended Commissioners, as our
Partie.

Moreover, can these men expect, but in a lawfull Assemblie they were
to bee called and censured for their enorme transgressions foresayde?
And will anie man thinke, that they can be judges in their owne cause?
it is alleadged out of the Canon-Law, agaynst the Pope, that if the
Pope bee at variance with anie man, he ought not to bee judge himselfe,
but to choose Arbitrators. And this may militate agaynst them; except
they bee more vnrulie than Popes. Ludovicus Bavarus, and all the
Estates of Germanie with him, did pleade this Nullitie agaynst the
sentence and Proceeding of Pope Iohn 22, and of his Councell. And the
Archbishop of Cullen, 1546, did pleade the Nullitie of Paull 3 his Bull
of Excommunication, because hee protested, that so soone as a lawfull
Councell should bee opened, hee would impleade the Pope as Partie,
beeing guiltie of manie thinges censurable by the Councell.

But the late Protestation doeth show the Authors thereof, to bee no
lesse injurious to our Place, and Authoritie, than they are overweening
of their owne. For it is agaynst Reason and Practise of the Christian
Church, that no Primate, Archbishop, nor Bishop, haue place nor voyce
deliberatiue, nor decisue, in Generall Assemblies, except they bee
authorized, and elected, by their Presbyterial Meetinges, consisting of
Preaching and Ruling Elders, (as they call them) and without Warrand,
or Example, in the Primitiue, and purest tymes of the Church.

XII. This also doeth inferre the Nullitie of an Assemblie, if the
Moderator and President for matters of Doctrine, and Discipline,
shall bee neyther the Primate, Arch-bishop, nor Bishop; but he who
by pluralitie of Presbyters, and Lay-mens voyces, shall bee elected:
which happilie may bee one of the inferiour Clergie, or a Lay-person,
as sometymes it hath fallen out. Whereas Canonicallie, according to
the auncient practise of the CHVRCH, the Primate should preside:
according to the Constitution of the First Councell of Nice, Can. 6,
of Antioch, Can. 9, and of the Imperiall Lawe, Novell. Constitut. 123,
Cap. 10, and according to our owne Lawe. For what place in Assemblies,
Arch-bishops and Bishops had in other Christian Nations, the same they
had (no doubt) in SCOTLAND, and yet still doe retayne, except by some
Municipall Lawe it hath beene restrayned, which can not bee showne:
For the restraynt of their Authoritie by the Act of Parliament 1592.
is restored by the Act of Parliament 1606, and 1609, and all Actes
prejudiciall to their Iurisdiction abrogated. Neyther doeth that Act
1592, establishing Generall Assemblies, debarre Bishops from presiding
therein: Nor the abrogation of their Commission, graunted vnto them
by Act of Parliament, in Ecclesiasticall Causes, imply and inferre
the abrogation of that Authoritie, which they receaved not from the
Parliament, but from CHRIST, from Whom they receaved the Spirituall
Over-sight of the Clergie, vnder their Charge: wherevnto belongeth the
Presidentship in all Assemblies, for matters Spirituall; alwayes with
due Submission to the Supreame Governour: which is so intrinsecallie
inherent in them, as they are Bishops, that _hoc ipso_ that they are
Bishops, they are Presidents of all Assemblies of the Clergie: as
the Chancellour of the Kingdome hath place in Councell, and Session;
not by anie Act, or Statute, but _hoc ipso_ that hee is Chancellour.
By Act of Parliament, Bishops are declared, to haue their Right in
Synodes, and other inferiour Meetinges; but by no Lawe restrayned, nor
debarred from the exercyse of it in Nationall Assemblies: and the Lawe
allowing Bishops to bee Moderatours of the Synodes, doeth present a
List, in absence of the Metropolitane, to whome, of right, this Place
doeth belong, as sayd is, out of which the Moderator of the Generall
Assemblie shall bee chosen. For is it not more agreeable to Reason,
Order, and Decencie, that out of Moderators of Synodes, a Moderator
of the Generall Assemblie should bee chosen, than of the inferiour
Clergie, subject to them?

As concerning that Act of the General Assemblie, Anno 1580, whereby
Bishops are declared to haue no warrant out of Scripture, if corruption
of tyme shall bee regarded, the authoritie of that Assemblie might
bee neglected no lesse than that at Glasgow, Anno 1610. But it is
ordinarie that prior Actes of Assemblies and Parliamentes giue place
to the posterior; for _Posteriora derogant Prioribus_. And there past
not full six yeares, when a Generall Assemblie at Edinburgh found, that
the Name of Bishops hath a speciall charge and function annexed to it
by the Word of God; and that it was lawfull for the Generall Assemblie
to admit a Bishop to a Benefice, presented by the Kings Majestie, with
power to admit, visite, and depriue Ministers, and to be Moderatoures
of the Presbyteries where they are resident, and subject onelie to the
sentence of the Generall Assemblie.

As for that Act at Montrose, let them answere to it that haue their
calling by that Commission. Wee professe that wee haue a lawfull
calling by the election of the Clergie, who are of the Chapter of our
Cathedralls, and consecration of Bishops by his Majesties consent and
approbation, according to the laudable Lawes and auncient Custome of
this Kingdome, and of the Church in auncient tymes; and doe homage
to our Soveraigne Lord for our Temporalities, and acknowledge him,
_solo Deo minorem_, next vnto God in all causes, and over all persons
Spirituall or Temporall; in his owne Dominions supreame Governour.
But now wee may take vp _Cyprian_ his complaint, _Lib._ 3. _Ep._ 14.
_Quod non periculum metuere debemus de offensâ Domini, quando aliqui
de Presbyteris, nec Evangelii, nec loci sui memores; sed neque futurum
Dei judicium, neque præpositum sibi Episcopum cogitantes, quod nunquam
omnino sub antecessoribus factum est, cum contumelia & contemptâ
præpositi, totum sibi vendicent? A’que vtinam non prostrata fratrum
nostrorum salute sibi omnia vendicarent. Contumelias Episcopatus nostri
dissimulare & ferre possem; sicut dissimulavi semper & pertuli; sed
dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à
quibusdam vestrum, qui dum sine ratione restituendæ salutis plausibiles
esse cupiunt, magis lapsis obsunt._

XIII. Lastlie; it is most manifest by the Premisses, how absurd it
is, and contrarie to all Reason and Practise of the Christian Church,
that Archbishops and Bishops shall bee judged by Presbyters; and more
absurd, that they should bee judged by a mixt meeting of Presbyters and
Laicks, conveaning without lawfull authoritie of the Church. Howe, and
by whome they are to bee judged, according to the custome of Auncient
times, may bee seene by the Councell of Chalcedon, Can. 9. and Concil.
Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor doe wee decline
the lawfull tryall of anie competent judicatorie in the Kingdome,
especiallie of a Generall Assemblie lawfully constitute, or of his
Majesties high Commissioner, for anie thing in life or doctrine can be
layde to our charge: onlie we declare and affirme, That it is against
Order, Decencie, and Scripture, that wee should be judged by Presbyters
or by Laickes, without Authoritie and Commission from Soveraygne
Authoritie.

For the reasons fore-sayd, and manie moe, and for discharge of our
duetie to GOD, to his CHVRCH, and to our Sacred Soveraygne, lest by our
silence we betray the CHVRCHE’S right, his Majesties Authoritie, and
our owne Consciences, Wee for our selues, and in Name of the CHVRCH
of SCOTLAND, are forced to protest, That this Assemblie bee reputed
and holden Null in Lawe Divine and Humane; and, That no Church-man
bee holden to appeare before, assist or approue it; and therefore,
that no Letter, Petition, Subscription, Interlocutor, Certification,
Admonition, or other Act what-so-ever proceeding from the said
Assemblie, or anie member thereof, bee anie wise prejudiciall to the
Religion and Confession of Fayth by Act of Parliament established,
or to the Church, or anie member thereof, or to the Iurisdiction,
Liberties, Priviledges, Rentes, Benefices, and Possessions of the
same, Actes of Generall Assemblie, of Councell, and Parliament, in
Favoures thereof; or to the three Estates of the Kingdome, or anie of
them; or to vs, or anie of vs, in our Persons, or Estates, Authoritie,
Iurisdiction, Dignitie, Rentes, Benefices, Reputation, and good Name:
But on the contrarie, That all such Actes and Deedes aboue-mentioned,
and every one of them, are, and shall bee reputed and esteemed vnjust,
illegall, and Null in themselues; with all that hath followed, or may
follow there-vpon.

And for as much as the sayde Assemblie doeth intende, (as we are
informed) to call in question, discusse, and condemne thinges not
onelie in themselues lawfull, and warrandable; but also defined and
determined by Actes of Generall Assemblie, and Parliaments, and in
practise accordinglie; to the disgrace and prejudice of Reformed
Religion, authoritie of the Lawes and Liberties of the Church and
Kingdome; weakning his Majesties Authoritie, disgracing the Profession
and Practise, which hee holdeth in the Communion of the Church where he
liveth; and branding of Reformed Churches, with the foule aspertions
of Idolatrie and Superstition: Wee protest before GOD and man, that
what shall bee done in this kinde, may not redound to the disgrace
or disadvantage of Reformed Religion, nor bee reputed a deede of the
Church of SCOTLAND.

Wee protest, that wee imbrace and hold, That the Religion presentlie
professed in the Church of Scotland, according to the Confession
thereof, receaved by the Estates of this Kingdome, and ratified in
Parliament, the yeare 1567, is the true Religion, bringing men to
Eternall Salvation, and doe detest all contrarie Errour.

Wee protest, That Episcopall Government in the Church, is lawfull, and
necessarie: and, That the same is not opposed, and impugned, for anie
Defect or Fault, eyther in the Government or Governoures; but by the
malice and craft of the Devill, envying the successe of that Government
in this CHVRCH these manie yeares by-past, most evident, in planting
of Churches with able and learned Ministers, recovering of the Church
Rents, helping of the Ministers Stipends, preventing of these jarres
betwixt the KING and the CHVRCH, which in former tymes dangerouslie
infested the same, keeping the people in Peace and Obedience, and
suppressing of Poperie, which in respect eyther of the number of their
Professoures, or boldnesse of their Profession, was never at so lowe an
ebbe in this Kingdome, as before these stirres.

Wee protest, That seeing these who for scruple of conscience did
mislyke the Service-Booke, Canons, and high Commission, which were
apprehended, or given foorth, to be the cause of the troubles of this
Church, haue now receaved satisfaction, and his Majestie is graciouslie
pleased to forget and forgiue all offences by-past in these stirres;
that all the Subjectes of this Kingdome may liue in Peace and Christian
Loue, as becommeth faythfull Subjectes, and good Christians; laying
aside all hatred, envye, and bitternesse. And if anie shall refuse
so to doe, they may beare the blame, and be thought the cause of the
troubles that may ensue: and the same bee not imputed to vs, or anie
of vs, who desire nothing more, than to liue in peace and concord with
all men, vnder his MAIESTIES obedience, and who haue committed nothing
agaynst the Lawes of the Kingdome, and Church, that may giue anie man
just cause of offence; and are so farre from wishine hurt to anie man,
in his person, or estate, notwithstanding all the indignities and
injuries wee haue suffered, that for quenching this present Combustion,
and setling Peace in this Church, and Countrey, wee could bee content,
after clearing of our innocencie, of all thinges where-with wee can
bee charged, not onelie to lay downe our Bishoprickes at his Majesties
feet, to be disposed of at his Royall pleasure; but also, if so bee, it
pleased GOD, to lay downe our lyues, and become a Sacrifice, for this
Atonement.

Wee protest, in the sight of GOD, to Whom one day wee must giue
Account, That wee make vse of this DECLINATOR, and PROTESTATION, out
of the conscience of our duetie to GOD, and His CHVRCH; and not out of
feare of anie guiltinesse, whereof anie of vs is conscious to himselfe,
eyther of wickednesse in our lyues, or miscarriage in our Callings:
being content, everie one of vs, for our owne particular, (as wee haue
never showne our selues to bee otherwyse) to vnder-goe the lawfull, and
moste exact Tryall, of anie competent Judicatorie within this Kingdome,
or of his Majesties high Commissioner.

And wee moste humblie intreat his Grace, to intercede with the King’s
Majestie, That hee may appoynt a Free and Lawfull Generall Assemblie,
such as GOD’S Word, the practise of the Primitiue Church, and Lawes
of the Kingdome doe prescrybe, and allowe, with all convenient
speed, to the effect, the present Distractions of the Church may be
setled. And if there be anie thing to be layd to the charge of any of
the Clergie, of whatso-ever degree, eyther in Lyfe and Manners, or
Doctrine, or exercise of his Calling, and Iurisdiction, hee may bee
heard to aunswere all Accusations, and abyde all tryall, eyther for
clearing his innocencie, or suffering condigne punishment, according
to his Transgressions: declyning alwayes this Assemblie, for the
causes aboue-written. Lyke as by these Presentes, wee, and everie one
of vs, declyne the same, the whole Members thereof, and Commissioners
fore-sayd, directed therevnto, and everie one of them.

Wee protest, That this our PROTESTATION in respect of our lawfull
absence, may bee receaved, in the Name of vs vnder-subscribing for our
selues, and in the Name of the CHVRCH of SCOTLAND, that shall adheare
to the sayde PROTESTATION, and in the Name of everie one of them, From
our well-beloved, Doctor Robert Hamilton, Minister at Glasford:

To whome, by these Presentes, wee giue our full Power, and expresse
Mandate, to present the same in or at the sayde Assemblie, or where
else, it shall bee necessarie to bee vsed; with all submission, and
obedience, due to our Gracious Soveraygne, and his Majesties High
Commissioner. And vpon the presenting and vsing thereof, Acts and
Instrumentes to craue, and all other thinges to doe, that necessarilie
are requyred in such Cases: firme and stable holding, or for to holde,
what hee, or anie of them, shall lawfullie doe in the Premisses.

In witnesse where-of, as wee are readie with our Blood, so with
our Hand, wee haue subscrybed these Presentes, at the Palace of
HOLIEROOD-HOVSE, NEW-CASTLE, and GLASGOW, the 16, 17, and 20 dayes of
November, Anno 1638.

    Et sic subscribitur.

  Jo: Sᵗⁱ Andreæ Arch. [_Jo. Spottiswood._]
  Pa: Glasgow. [_Patrick Lindsay._]
  Da: Edinburgen. [_David Lindsay._]
  Tho: Gallovidien. [_Thom. Sydserfe._]
  Jo: Rossen. [_John Maxwell._]
  Walterus Brechinen. [_Walter Whitfoord._]

       *       *       *       *       *

86. _His Majesty’s Observations upon the draft copy of the
Declinator._[111]

CHARLES R.

I. The second reason to be advised with my Lord Commissioner, whether
or not it be safe at this time to except against the Form of the
Publication of the Indiction of the Assembly.

II. The third is a very good reason against the Proceeding of the
Assembly, but will not infer a Nullity.

III. In all the reasons where the Assembly is called a pretended
Assembly, it is His Majesties Pleasure, that the word _pretended_ be
deleted out of the Copy shewed to His Majesty.

IV. For the seventh reason, if it offend not the inferiour Clergie, His
Majesty is contented with it.

V. In the ninth reason, to omit the precondemning of the Service-book,
Book of Canons, and High Commission.

VI. The tenth reason is so full that the eighth may be totally omitted.

VII. The eleventh reason militates abundantly against all those who
hold such Tenets, that they cannot Voice in the Assembly, though it
Infer not an absolute Nullity of the Assembly.

VIII. The thirteenth de loco tuto, & accessu tuto, to be totally
omitted.

IX. The fourteenth and last to be totally omitted.

X. In the conclusion there is one clause marked by His Majesties own
Hand, which is to be omitted.

Whitehall, 19ᵗʰ October, 1638.

       *       *       *       *       *

1638.—November 17.

87.—_Letter from the King to Hamilton._[112]

HAMILTON,

Concerning our Preparations here, I have commanded the Comptroller to
give you a full account, of which you may take publick notice, and
declare, That as their Carriage hath forced me to take care to arm
myself against any Insolence that may be committed; so you may give
assurance that my care of Peace is such, that all those Preparations
shall be useless, except they first break out with insolent Actions.
Now for Answer to your Letter, it was never heard that one should be
both Judge and Party: besides, the Lawfulness of the Judicatory must be
condescended upon, before any Cause can be therein lawfully determined:
therefore I say that the Assembly can in no case be Judge of their own
Nullities: yet you have reason, not onely to make good what I have
promised, but also to promise them a new Assembly, upon the amendment
of all the Faults and Nullities of this. I approve of both your
Bargains, and shall take care that you shall not lose by them, and so I
rest

  Your assured constant Friend,
  CHARLES R.

  Whitehall,
  17 Nov. 1638.

       *       *       *       *       *

1638.—November 20.

88. _Letter from Bishops of Ross and Brechin to the Commissioner._[113]

MAY IT PLEASE YOUR GRACE,

What came from my Lord S. Andrews is herewith enclosed. We humbly
and heartily thank your Grace for your excessive favour and kindness
towards us: we must take it the more kindly, that we know at such a
time it is to let others see what respect your Grace carries to our
Coat; for our selves we could more willingly chuse a more sober diet
and less ease: considering our own Sins, and the difficulties of the
Times, do admonish us rather to fast than feast, to afflict our Souls
rather than to relish any worldly pleasure. But above all we two for
our selves, and in name of our Brethren, do with most thankful hearts
acknowledg your Graces most pious care of the Liberties of this poor
distressed and distracted Church; and especially the solicitude and
care your Grace hath, that our Protestation be orderly done, secretly
kept, and seasonably presented, before either the Cause, or we that are
Bishops, suffer wrong. It is that which now concerneth us most and is
dearest to us, both for Conscience before God, and our credit to the
present Age and future; and we cannot express how happy we are to have
in this Exigent such a Pious and Noble Patron, careful and sollicitous
with the most tender affection both of our Cause and Persons, where
otherwise (with the greatest loss, at least hazard, can be, to
discharge our Duty to God and his Church) we should be necessitated to
doe it our selves, and haply neither with so much safety nor honour.
God will reward your Grace we are confident, and bless your Grace and
yours; for we dare aver in this Division your Grace hath made choice
of the better part. The Difficulties are great, the Hopes none, but
too pregnant Fears to the contrary; yet it is the more like to be Gods
Cause, that his Work may appear: and it may be called _digitus Dei_,
and marvellous in our eyes. Mans extremity is Gods opportunity.

We have given Dr Hamilton our best directions, which we submit humbly
to your Graces better Judgment, to add and command what you think fit:
he needs no more Deputation, but the inserting of his name in the
Procuratory, which is in the close of the Declinator. Above all we have
recommended to him, a care that it may be timeously presented; but in
this we trust only to your Grace.

As we pity the Difficulties your Grace is cast into, so shall we be
earnest supplicants to God Almighty, to bless and preserve your Grace
in this and all other Services, wherewith God and his Majesty hath
trusted you.

  Your Graces most humble
  and bounden Servants,
  John Rossen.
  Wal. Brechinen.

POSTSCRIPT.—What goes from my Lord of St Andrews directed to me, I
beseech your Grace to open and read for your own use.

Hamilton, Nov. 20. 1638.

       *       *       *       *       *


1638.—November 21.

89. _Letter from the King to Hamilton._[114]

HAMILTON,

This is rather to give the reason of My Answer than the Answer it self,
(you being to receive it at large by My Lord of Canterbury.) The truth
is, that the same reason which made me blot out the whole Sentence
before, hath made me desire to alter a word now; to wit, that I should
not be thought to desire the abolishing of that in Scotland, which I
approve and maintain in England, namely, the Five Articles of Perth:
now the word content expresses enough my consent to have them surcease
for the present; but the word pleased, methinks, imports as much as if
I desired them to take them away, or, at least, were well pleased that
they should doe so. But I leave it to your ordering, so that you make
it be clearly understood, that though I permit, yet I would be better
pleased if they would let them alone; and so I rest,

  Your assured constant Friend,
  CHARLES R.

  Whitehall, 21ᵗʰ of
  Novemb. 1638.

       *       *       *       *       *


1638.—November 21.

90, 91. _Letters from the King to Hamilton._[115]

HAMILTON,

This is rather to shew you, that I do not forget you nor your pains,
than for any Answer that your last Leter needs, it being more of
Accounts than Demands. Onely I shall tell you, that you needed not to
have made an Excuse for asking the Ten Thousand pounds Sterling; for I
know that there is but too much use for it, and the more I consider it,
I find you have the more reason: therefore I assure you that what may
be done shall be done in this, and with what speed is possible; and so
I rest

  Your assured constant Friend,
  CHARLES R.

  Whitehall,
  21 Nov. 1638.

       *       *       *       *       *


HAMILTON,

I have heard this day that the Dean of Durham is dead, for the
disposing of which Place, though I may have many Suiters, and (which is
more) though heretofore I have had divers Intentions upon the disposing
of that Place, for the better accommodating of my Service, the reason
of which is now as forcible as ever; yet I have thought fit not to
dispose of it till I might (if your stay be not longer than I expect)
speak with you: and to shew you that I am not unmindful of the daily
pains that at this time Balcanqual takes in my Service, I would let
you see the case before I dispose of it, and have your Opinion, if he
might not stay a little longer for another nearer my eye, and yet not
dishearten him, when it may accommodate my Service another way; and so
I rest

  Your assured constant Friend,
  CHARLES R.

       *       *       *       *       *


1638.—November 21.

92, 93. _Speech of Commissioner to the Assembly, and the King’s offers
to it._[116]

MY LORDS and the rest of this REVEREND ASSEMBLY,

The making of long Harangues is not suitable either with my Education
or Profession, much less with this Time, which now after so much
talking ought to be a time of Action.

I pray God that as a great (and I hope the worst) part of mens Spirits
have been evaporated into bitter and invective Speeches, so the best
and last part of them may be reserved for Deeds, and these answerable
to the Professions which have been made on all sides when this great
Assembly should come.

For the Professions which have been made by Our Sacred Soveraign (whom
God long preserve to reign over us) I am come hither by His command to
make them good to His whole People, whom to His grief He hath found to
have been poysoned (by whom I know not well, but God forgive them) with
misconceits of His Intentions, concerning the Religion professed in
this Church and Kingdom. But to rectifie all such Misconceptions of His
Subjects, his Majesties desire is, that before this Assembly proceed to
anything else, His Subjects may receive ample and clear satisfaction
in these Points, wherein His Majesties gracious Intentions have been
misdoubted, or glanced at, by the malevolent Aspects of such as are
afraid that His Majesties good Subjects should see His clear mind
through any other Glasses or Spectacles, than those they hare tempered
and fitted for them.

Those sinistrous Aspersions, dispersed by surmizes, have been
especially two; first, as if there had been in His Majesty, if not
some Intention, yet at least some inclination, to give way, if not to
Alterations, yet to some Innovations in the Religion professed in, and
established by the Laws of this Church and Kingdom.

I am confident that no man can harbour or retain any such thought in
his breast any more, when His Majesty hath commanded that Confession
of Faith, (which you call the Negative) to be subscribed by all His
Subjects whatsoever, and hath been Graciously pleased to put the
Execution of this His Royal Command in your own hands.

The next false, and indeed foul and devilish Surmize, wherewith His
good Subjects have been misled, is, that nothing promised in His
Majesties last most Gracious Proclamation, (though most ungraciously
received) was ever intended to be performed, nay, not the Assembly it
self: but that only Time was to be gained, till His Majesty by Arms
might oppress this His Own Native Kingdom; than which Report Hell it
self could not have raised a blacker and falser.

For that part which concerneth the Report of the Intention of not
holding the Assembly, this Day and Place, as was first promised and
proclaimed, (thanks be to God,) confuteth that Calumny abundantly;
for the other of making good what His Majesty did promise in His last
Gracious Proclamation, His Majesty hath commanded me thus to express
His Heart to all His good Subjects.

He hath seriously considered all the Grievances of His Subjects, which
have been presented to Him, by all and several of their Petitions,
Remonstrances, and Supplications, exhibited unto Himself, His
Commissioner, and Lords of His Secret Council, and hath graciously
granted them all; and as He hath already granted as far as could be by
Proclamation; so he doth now desire, that His Subjects may be assured
of them by Acts of this General Assembly, and afterwards by Acts of
Parliament respective.

And therefore he not onely desires, but commands, that all the
Particulars he hath promised be first gone in hand with in this
Assembly, and enacted, and then afterwards what His Subjects shall
desire being found reasonable may be next thought upon, that so it may
be known to God and the whole World, and particularly to all His good
Subjects, how careful His Majesty is to discharge himself of all his
Gracious Promises made to them; hoping that when you shall see how
Royally, Graciously, and Faithfully His Majesty hath dealt with you,
and all his Subjects, you will likewise correspond in loyal and dutiful
Obedience, in chearful but calm and peaceable Proceeding, in all other
business to be treated of in this Assembly: and because there shall be
no mistake, I shall now repeat the Particulars, that you may see they
are the same which were promised by His Majesties first Proclamation.

       *       *       *       *       *


CHARLES R.

The Kings Majesty being informed, that many of His good Subjects have
apprehended, that by the introduction of the Service-book and Book of
Canons, the in-bringing of Popery and Superstition hath been intended,
is Graciously pleased to discharge the said Books, and to annul all
Acts made for establishing thereof; and for His good People their
further satisfaction, is Graciously pleased to declare by me, that no
other in that kind shall hereafter be introduced, but in a fair and
legal way of Assembly, allowed by Act of Parliament, and the Laws of
this Kingdom.

The Kings Majesty, as he conceived for the ease and benefit of the
Subjects, established the High Commission, that thereby Justice might
be administred, and the Faults and Errours of such persons as are
made liable thereto taken order with, and punished with the more
convenience, and less trouble to the People: but finding His Gracious
Intentions to be herein mistaken, hath been pleased, likeas he is
Graciously content, that the same be discharged, with all Acts and
Deeds made for the establishing thereof, and is pleased to declare by
me, that that Court or Judicatory, nor no other of that nature, shall
be brought in hereafter, but in that way allowed by the Laws of this
Kingdom.

And the Kings Majesty being informed, that the urging of the five
Articles of Perth’s Assembly hath bred Distraction in the Church
and State, hath been Graciously pleased to take the same into His
consideration, and for the quiet and peace of Church and State, doth
not onely dispense with the practice of the said Articles, but also
discharges, and by these hath discharged, all and whatsoever Persons
from urging the practice thereof, upon either Laick or Ecclesiastic
person whatsoever: and doth hereby free all His Subjects from all
Censure and Pain, whether Ecclesiastical or Secular, for not urging,
practising, or obeying them, or any of them, notwithstanding any
thing contained in the Acts of Parliament or General Assembly, to the
contrary.

And because it is pretended, that Oaths have been administred to
Ministers at their entry, contrary and differing from that which is
set down in the Acts of Parliament, His Majesty is pleased to declare
and ordaine, that no other Oath shall be required of any Minister
at his entry than that which is expressly set down in the Acts of
Parliament; and this He is content be considered of in the Assembly, to
be represented to the Estates of Parliament, and enacted as they shall
find expedient.

And that it may appear how careful His Majesty is that no Corruption
or Innovation shall creep into this Church, neither any scandal, vice,
or fault of any person whatsoever censurable or punishable by the
Assembly, go unpunished, it is his Majesties Pleasure, likeas by these
His Majesty does assure all His good People, that hereafter General
Assemblies shall be kept as oft as the Affairs of this Kirk shall
require: and to this purpose, because it is probable that some things
necessary for the present Estate and Good of this Church may be left
unperfected at this present Assembly, We do by these indict another
Assembly to be holden at __________. And that none of Our Subjects
may have cause of Grievance against the Procedure of Prelats, Our
Pleasure is, that all and every one of the present Bishops, and their
Successours, shall be answerable, and accordingly from time to time
censurable according to their Merits by the Assembly, which His Majesty
is likewise pleased be enacted in this present Assembly, and thereafter
ratified in Parliament.

And to give all His Majesties good People good assurance that he
never intended to admit any Alteration or Change in the true Religion
professed within this Kingdom, and that they may be truly and fully
satisfied of the Reality of His Intentions towards the maintainance of
the Truth and Integrity of the same, His Majesty hath been pleased to
require and command all His good Subjects to subscribe the Confession
of Faith, subscribed by His dear Father in Anno 1580. and for that
effect hath ordained the Lords of His Privy Council to take some speedy
course whereby the same may be done through the whole Kingdom; which
His Majesty requires likewise all those of this present Assembly to
sign, and all others His Subjects, who have not done it already: and
it is His Majesties Will, that this be inserted and registred in the
Books of this Assembly, as a Testimony to Posterity, not onely of the
sincerity of His Intentions to the said true Religion, but also of His
Resolution to maintain and defend the same and His Subjects in the
professing thereof.

  C. R.


1638.—November 21.

94. _List of Members of the General Assembly at Glasgow, which met this
day._[117]

       *       *       *       *       *


_Commissioner for the Kings Majestie_,

JAMES MARQUES OF HAMILTOUN.

_Commissioners from the Presbyteries of Scotland, both of the
Ministrie, and of the ruling Elders, and of Burgesses, as they are
within the Presbyteries._

_Presbyterie of Dunce._

  Maister Alexander Carse minister at Polwart.
  M. Iohn Hume Min. at Eccles.
  M. Thomas Suintoun min, at Saint Bathanes.
    Sir David Hume of Wederburne Knight, Elder.

_Presb. of Chirnside._

  M. George Roul minister at Mordingtoun.
  M. Thomas Ramsay min. at Foldoun.
  M. Walter Swintoun min. at Swintoun.
    Iames Earle of Home, Elder.

_Presb. of Kelso._

  M. Richard Sympson min. at Sproustoun.
  M. William Penman min. at Morbattle.
    Andrew Ker of Lintoun, Elder.

_Presb. of Iedburgh._

  M. Robert Brounley min. at Kirktoun.
  M. Iames Wilkie minister at Creling.
  M. Robert Cunninghame min. at Hawick.
    Sir William Dowglas of Cavers, Elder.
    Robert Simpson, burgesse of Iedburgh.

_Presb. of Erstiltoun._

  M. Iohn Matland min. at Glenkirk.
  M. Harie Cockburne min. at Gingilkirk.
    Iohn Lord Cranstoun, Elder.
    M. Alexander Hume, bailie, burgesse of Lawder.

_Presb. of Melrosse or Selkirke._

  M. William Iameson min. at Langnewtoun.
  M. Robert Martin min. at the new kirk of Ettrick.
  M. Iohn Knox min. at Bowdoun.
    Sir Iohn Ker of Cavers, Elder.

_Presb. of Dumbar._

  M. Patrick Hammiltoun min. at Innerweek.
  M. Iohn Lawder min. at Tuninghame.
  M. Iohn Dalyel min. at Prestoun Kirk.
    Sir Patrick Hepburn of Waghtoun Knight, Elder.
    George Purves, burgesse of Dumbarre.
    M. Patrick Hume, burgesse of North-berwick.

_Presb. of Hadingtoun._

  M. Iohn Ker minister at Salt-prestoun.
  M. Iames Fleeming minister at Bathans.
  M. Iohn Oswald minister at Pencaitland.
    Iohn Lord Hay of Yester, Elder.
    M. George  Gray, common clerk, burgesse of Hadingtoun.

_Presb. of Dalkeith._

  M. Iames Porteous minister at Lesswade.
  M. Iames Robertson minister at Cranstoun.
  M. Olivhar Colt minister at Inneresk.
    William Earle of Louthian, Elder.

_Presb. of Edinburgh._

  M. Andrew Ramsay minister in Edinburgh.
  M. Harie Rollock minister in Edinburgh.
  M. William Colvin minister at Cramond.
    Iohn Lord of Balmerino, Elder.
    Iames Cochran, Dean of Guild in Edinburgh.
    Thomas Paterson, burgesse of Edinburgh.
    M. Iohn Adamson, Principall of the University of Edinburgh.

_Presb. of Linlithgow._

  M. Richard Dickson minister at Kinneill.
  M. Andrew Keir minister at Carriden.
  M. Iames Symson minister at Bathgate.
    George Dundas of that ilk, Elder.
    Iames Glen, Provest of Linlithgow.

_Presb. of Sterling._

  M. Iames Edmistoun minister at Saint Ninians.
  M. William Iustice minister at Gargunnock.
  M. Edward Wright minister at Clackmannan.
    Sir William Murray of Toughadame, Elder.
    Thomas Bruce, Provest of Sterling.

_Presb. of Peebles._

  M. Iohn Bennet minister at Kirkurde.
  M. Robert Levingstoun min. at Skirling.
  M. Hew Ker minister at Traquare.
    Iames Williamson, Provest of Peebles.

_Presb. of Middlebie._

  M. Simeon Iohnstoun minister at Annan.
  M. Iohn Hammiltoun minister at Wasterkirk.
    Iames Lord Iohnstoun, Elder.

_Presb. of Lochmaban._

  M. Robert Henderson minister at Lochmaban.
  M. David Roger minister at Tundergarth.
    Iames Dowglasse of Moussewald, Elder.

_Presb. of Penpont._

  M. George Cleland minister at Durisdier.
  M. Samuell Austine minister at Penpont.
    William Ferguson of Craigdarroch, Elder.

_Presb. of Dumfreis._

  M. Iames Hammiltoun minister at Dumfreis.
  M. William Makjore minister at Carlaverock.
  M. Alexander Tran minister at Lochroytoun.
    Iohn Charteris younger of Amesfield, Elder.
    Iohn Irving, late Provest of Dumfreis.

_Presb. of Kirkcubright._

  M. Samuell Rutherford minister at Anweth.
  M. William Dalglish minister at Kirkmabreck.
  M. Iohn Makleland minister at Kirkcubright.
    Alexander Gordoun of Earlstoun, Elder.
    William Glendinning, Provest of Kirkcubright.
    Robert Gordoun of Knokbrex, burgesse of New-Galloway.

_Presb. of Wigtoun._

M. Andrew Anderson minister at Kirkinner. M. Andrew Lawder minister at
Whithorne. Andrew Agnew of Lochnaw, Elder. Alexander Makghie, burgesse
of Wigtoun.

_Presb. of Stranrawer._

  M. Iohn Levingstoun minister at Stranrawer.
  M. Iames Blair minister at Portmontgomerie.
  M. Alexander Turnbull minister at Kirmaden.
    Robert Adair of Kinhilt, Elder.
    Iames Glover, Clerk of Stranrawer.

_Presb. of Air._

  M. Iames Bonar minister at Mayboll.
  M. Iohn Fergushill minister at Vchiltrie.
  M. Robert Blair minister at Air.
    Iohn Earle of Cassils, Elder.
    Iohn Stewart, late Provest of Air.

_Presb. of Irwing._

  M. David Dickson minister at Irwing.
  M. William Russell minister at Kilbirnle.
  M. Robert Baillie minister at Kilwinning.
    Iohn Lord Lowdoun, Elder.
    M. Robert Barclay, Provest of Irwing.
    Mathew Spense, the Provest of Rothesay.

_Presb. of Argyle._

  M. Donald Makilvorie min. at Inveraray.
  M. Nicol Makcalman min. at Kilmun.
  M. Iames Campbell minister at Kilfinnan.
    Archibald Campbell of Kilmun, Elder.

_Presb. of Dumbartane._

  M. David Elphinstoun min. at Dumbartane.
  M. Robert Watson minister at Cardrosse.
  M. Iohn Stirling minister at Badernock.
    Walter Makalley of Ardincapill, Elder.
    Iohn Sempill, Provost of Dumbartane.

_Presb. of Paslay._

  M. William Brisbane minister at Erskine.
  M. Iohn Hammiltoun minist. at Innerkip.
  M. Matthew Brisbane minister at Killellan.
    Iohn Brisban of Bishoptoun, Elder.
    Iohn Spreull, burgesse of Ranfrew.

_Presb. of Glasgow._

  M. Iohn Bell elder minister at Glasgow.
  M. Zacharie Boyd minister at the Barrony Kirk thereof.
  M. Iames Sharpe minister at Goven.
    The Earle of Eglingtoun, Elder.
    Patrick Bell, Provest of Glasgow.
    David Spense, Clerk of Rutherglane.

_Presb. of Hammiltoun._

  M. Patrick Hammiltoun minister at Cambuslang.
  M. Iames Iohnstoun minister at Stenhouse.
  M. Iohn Heriot minister at Blantyre.
    William Bailzie of Carphin, Elder.

_Presb. of Lanerk._

  M. William Livingstoun minister at Lanerk.
  M. Alexander Somervell minister at Daulfingtoun.
  M. Richard Ingles minister at Westoun.
    Sir William Bailzie of Lamingtoun, Elder.
    Gideon Iack, Bailie of Lanerk.

_Presb. of S. Andrews._

M. Alexander Henderson minister at Luchers. M. Andrew Auchinleck
minister at Largo. M. Iames Bruce minister at Kingsbarnes. Iohn
Lord Sinclar, Elder. Iames Sword, burgesse of Saint Andrews. Ninian
Hamiltoun, burgesse of Caraill. Thomas Symson, Town-Clerk of Kilrinnie.
William Hamiltoun, burgesse of Anstruther-easter. Iohn Tullous, Clerk
of Anstruther-wester. Iames Airth, Clerk of Pittenweeme.

_Presb. of Couper._

  M. David Dalgleish minister at Cowper.
  M. Iohn Moncreiffe minister at Collessie.
  M. Walter Buchannan minister at Seres.
    Iohn Lord Lindsay, Elder.
    George Iameson, merchand, burgesse of Cowper.

_Presb. of Kirkaldie._

  M. Robert Dowglasse minister at Kirkaldie.
  M. Frederik Carmichaell minister at Kennoway.
  M. Robert Cranstoun minister at Scoonie.
    Iohn Earle of Rothes, Elder.
    Iohn Williamson, burgesse of Kirkaldie.
    David Symson of Monturpie, burgesse of Dysart.
    M. Robert Cunyghame, burgesse of Kinghorne.
    George Gairdine, burgesse of Bruntiland.

_Presb. of Dumfermline._

  M. Iohn Row min. at Carnok.
  M. Iohn Duncan minister at Culrosse.
  M. Iames Sibbald minister at Torrie.
    Robert Lord Burley, Elder.
    Iames Reid, Provest of Dumfermline.
    Gilbert Gourley, Bailie of Culrosse.
    Iohn Bardie, Burgesse of Innerkethin.

_Presb. of Dumblane._

  M. Harie Livingstoun minister at Kipping.
  M. Andrew Rind minister at Tullicutrie.
  M. William Edmistoun minister at Kilmadock.
    Sir George Stirling of Keir, Knight, Elder.

_Presb. of Auchterardour._

  M. George Mushet minister at Doning.
  M. Iames Row minister at Muthill.
  M. Iohn Grahame minister at Auchterardour.
    Iames Earle of Montrose, Elder.

_Presb. of Perth._

  M. Robert Murray minister at Methven.
  M. Iohn Robertson minister at Perth.
  M. Alexander Petrie minister at Rind.
    Iohn Earle of Weemes, Elder.
    Thomas Durhame, Dean of Guild in Perth.

_Presb. of Dunkeld._

  M. William Menyies min. at Kennture.
  M. Iohn Anderson minister at Cargill.
    Mungo Campbell, fiar of Lawers, Elder.

_Presb. of Meggill._

  M. George Symmer minister of Meggill.
  M. George Halyburtoun minister at Glenylla.
    Iames Lord Cowper, Elder.

_Presb. of Dundie._

  M. Andrew Wood minister at Monyfooth.
  M. Iohn Robertson minister at Achterhouse.
    David Grahame of Fentrie, Elder.
    Iames Fletcher, prov. of Dundie.

_Presb. of Forfar._

  M. Iohn Lindesay minister at Aberlemno.
  M. Silvester Lammy minister at Glames.
  M. Alexander Kynninmont minister at Kirimure.
    Iames Lyon of Aldbarre, Elder.
    David Hunter, Provest of Forfar.
    Iohn Grahame, Bailie of Montrose.
    Robert Demster, Bailie of Brechen.

_Presb. of Merns._

  M. Iames Sibbald minister at Benholme.
  M. Andrew Mill minister at Fetteresso.
  M. Alexander Symson minister at Conveth.
    Sir Gilbert Ramsay of Balmain, Elder.

_Presb. of Aberdene._

  M. David Lyndesay minister at Balhelvie.
  M. William Guild minister at Aberdene.
    Iames Skien of that ilk, Elder.
    M. Iohn Lundie Humanist for the Univer. of Aberd.

_Presb. of Deir._

  M. Andrew Cant minister at Pitsligo.
  M. Iames Martine minister at Peterhead.
  M. Alexander Martine minister at Deir.
    Alexander Fraser of Fillorth, Elder.

_Presb. of Alfurd._

  M. Iohn Young min. at Keig.
  M. Iohn Ridfurd minister at Kinbettock.
  M. Andrew Strachan minister at Tillineshill.
    M. Michaell Elphinstoun of Balabeg, Elder.

_Presb. of Turreffe._

  M. Thomas Michell minister at Turreffe.
  M. William Dowglasse minister at Forg.
  M. Geo. Sharpe min. at Fyvie.
    Walter Barclay of Towie, Elder.

_Presb. of Kinkairne._

  M. Alexander Robertson minister at Clunie.

_Presb. of Garioch._

  M. William Wedderburn minister at Bathelnie.
    Andrew Baird, burges of Bamfe.

_Presb. of Forresse._

  M. William Falconer minister at Dyke.
  M. Iohn Hay min. at Raffert.
  M. David Dumbar minister at Edinkaylly.
    William Rosse of Clova, Elder.
    M. Iohn Dumbar, Bailie of Forresse.

_Presb. of Innernesse._

  M. Iohn Howisoun minister at Wartlaw.
  M. Patrick Dumbar minister at Durris.
    Iames Fraser of Bray, Elder.
    Robert Bailie, Bailie of Innernesse.

_Presb. of Tain._

  M. Gilbert Murray minister at Tain.
  M. William Mackeinyie minister at Tarbet.
  M. Hector Monro minister in nether Taine.
    Sir Iohn Mackenzie of Tarbet, Elder.
    M. Thomas Mackoulloch, Bailie of Taine.

_Presb. of Dingwall._

  M. David Monro minister at Kiltairne.
  M. Murdoch Mackeinyie minister at Containe.
    Iohn Monro of Lumlair, Elder.

_Presb. of Dornoch in Sutherland._

  M. Alexander Monro minister at Golspie.
  M. William Gray min. at Clyne.
    George Gordon, brother to the Earle of Sutherland, Elder.

_Presb. of Thurso in Caithnes._

  M. George Lesly minister at Bower.
  M. Iohn Smairt.
    Iohn Murray of Pennyland, Elder.

_Presb. of Kirkwal in Orkney._

  M. David Watson minister at the Kirk of the Yle of Wastrey.
  M. Walter Stewart minister at the Kirk of Suthronaldsay.

NOTE.—Since the first Part of this publication appeared, the second
centenary of the Assembly 1638 has been celebrated at Glasgow and
Edinburgh, (on 20th December 1838,) as well as in other considerable
towns of Scotland; and this commemoration has been conducted with
a degree of eclat unexampled perhaps within the memory of man, in
reference to any ecclesiastical concerns. We are not called on to
make any remarks as to the appropriateness and sound discrimination
displayed in all these demonstrations; but we gladly avail ourselves
of the present opportunity of enriching these pages with an extract
from a speech made by the Rev. Dr. Lee, of Edinburgh, at Glasgow,
on the occasion alluded to. We place it here in juxtaposition with
the authentic list of the members of Assembly of 1638, because it
affords the best illustration we could give of the composition of
that Assembly, and is a satisfactory refutation of certain ignorant
or malignant representations on the subject; and we are proud thus
to record our respect for that excellent and accomplished gentleman,
whose store of information, with regard to the history and constitution
of the Church of Scotland, exceeds, we believe, that of any other
individual, both for fulness and exactness:—

“If your time had permitted, I might have endeavoured to shew in what
manner and degree the Assembly 1638, and those which followed after, as
well as some which had preceded it half a century, contributed to the
establishment of the highest and finest University education. Among the
other great objects in which that Assembly so happily and successfully
engaged, none was nearer their hearts, or better accomplished. It was
their aim to establish all the Universities, Colleges, and Schools
in a state of high efficiency; and, with this view, they reclaimed
for the Church the power of visitation formerly exercised, that the
religious character and consistent practice of all Principals, Regents,
and Professors might be satisfactorily ascertained, as well as their
aptitude for their stations; and that whatever was deficient might be
supplied, and whatever was disordered or corrupt might be rectified.

“For this difficult undertaking, the members of that Assembly were
generally qualified in no ordinary degree. It has, indeed, been alleged
that a large proportion of the elders consisted of illiterate men. I
have seen it asserted in several books of late, even in some written
by Presbyterians, that many of those in that Assembly, who judged of
the gravest questions concerning theological learning and soundness
in the faith, could neither read nor write. There is no authority for
this insinuation, except the random assertion of Bishop Burnet—supposed
sometimes to have been a contemporary, though he was not born for
five years afterwards—the value of whose testimony on this matter may
easily be estimated by any one who observes what he has confidently,
though most ignorantly and erroneously, stated, with respect to Ruling
Elders—that the mixture of that class with the Ministers in Church
Courts was then quite a new thing; for, though such officers had
formerly been allowed to interfere in parochial discipline, ‘yet they
never came to their Assemblies till the year 1638.’ So far is this
from being true, that, from the very first, Elders had convened in
great numbers with the Ministers at the General Assemblies—there was
even a preponderance of them in the earliest of all the Assemblies,
in 1560—insomuch that, long before Burnet wrote, or even was born,
several Bishops of Scotland, such as Adamson and Maxwell, had published
complaints against decisions of the Assembly, on the ground that they
had been carried by the votes of Lay Elders, as they called them. If
the Elders were unable to read or write, so much the less credit is
due to the system of education which had prevailed nearly forty years
before 1638, under auspices not Presbyterian; and so much the greater
credit should be given to the Presbyterians for the improvements by
means of which, as Burnet frankly confesses, they brought the people
generally to a most surprising measure of knowledge, particularly on
theological points, and to a corresponding measure of practical piety.

“But I think it of some consequence to vindicate the claims of the
Assembly 1638 to the character of a learned Assembly. Well, then, what
is the fact? It is ascertained that in that Assembly there were 140
Ministers; 2 Professors, not being ministers; and 98 Ruling Elders
from Presbyteries and Burghs. Of these Ruling Elders, 17 were Noblemen
of high rank; 9 were Knights; 25 were landed Proprietors, or lesser
Barons, of such station as entitled them to sit in Parliament; and 47
were Burgesses, generally holding the principal offices of authority
in their respective towns—men who were capable of representing their
communities in the Parliament. There was not a peasant, as has been
insinuated, or even a farmer or yeoman, in the number. About the least
considerable persons present were, Mr Alex. Hume, bailie of Lawder,
and Mr Patrick Hume, burgess of North Berwick. Both of these, as well
as many others of the members from the burghs, were masters of arts,
having had a complete university education, and having obtained their
degrees after regular examination. From what I know of the personal
history of many of these men, and from documents which I have seen and
now possess, I could undertake to prove that not one was illiterate.
About twenty years ago, I acquired most of the original commissions
of the members of the Assembly 1638. These documents are subscribed
generally by the whole constituents of the Commissioners—namely, by
Ministers, by Elders, by Magistrates, and Councillors. The signatures
are, for the most part, in a superior style of penmanship; and it is
not credible that such men would elect persons to represent them who
were less educated than themselves. Moreover, the signatures of the
Elders who sate in the Assembly might have been known by Bishop Burnet
to be appended to the National Covenant—that great bond by which the
people of this land engaged to maintain the true principles of the
Reformation, as founded in the Word of God. Many of these documents,
studded with innumerable subscriptions, are still extant.

“But how did this Assembly, and those which followed, fulfil their
purposes with respect to the Universities? They not only appointed
visitations, but they prevailed on the Government greatly to enlarge
the provision for the maintenance of the Universities, so that they
were enabled to increase the number of Professors, and to augment their
incomes; thus making it practicable to admit the youth to the benefit
of their instructions on the easiest terms. They did not despise or
discourage the most elegant accomplishments. On the contrary, the
Assembly of 1645, following out the views of preceding assemblies,
deplored the great decay of poesy, and the ignorance of prosody, and
ordained that, in the trial of Schoolmasters, for burghs or other
considerable parishes, none should be admitted but such as after
examination should be found skilful in the Latin tongue, not only for
prose, but also for verse; and the same Assembly introduced other
regulations for advancing the study, not only of Greek, but of all the
branches of Philosophy. But the chief recommendation of the system,
then prescribed and practised, was, that the nurture and admonition of
academical youth was sanctified by the Word of God, and by prayer. The
study of the Scriptures was a college exercise. The young were trained
to habits of devotion. The catechisms, and other manuals of religious
instruction, were translated into Latin, and carefully taught; and, by
such provisions as these, the influence of piety was diffused over the
paths of solid learning.”


1638.—November 22.

95. _Letter from the Bishop of Ross to Hamilton._

MY LORD, MAY IT PLEASE YOUR GRACE,

This Worthy Gentleman hath desired my Judgment concerning three things:
first, concerning the production of a Letter from His Majesty to the
Assembly, directed to the Archbishops, Bishops, and Ministers, whether
or not this can be produced, and any Note made upon it, before there be
a Moderator condescended upon. My humble Opinion is, (which I humbly
submit to your Graces better Judgment) that the Letter be presented,
given by your Grace to the Clerk, and read by him. Here it is most
like your Grace will be pressed, that the Letter is directed to an
Assembly that cannot be without a Moderator, and yet on purpose to
get a Moderator by Election, and an Assembly established; to which in
my Judgment it may be replied, that it may be that the King’s Letter
containeth something to that purpose, which, therefore, is to be read,
and noted by the Clerk as produced onely. The second is concerning
the examination of the Commissions and Commissioners: My Lord, it is
certain that both are most illegal, and there is more than sufficient
ground from this one (if there were no more) to void this Assembly and
make it null. But how to begin at this I see not so well, for if the
Commissions and Commissioners be rejected, then how shall the King’s
Real and Royal Intentions be manifest to the subjects, which is most
necessary, that the Factious may not have advantage to possess good
and loyal Subjects, that His Majesty is onely deluding them for other
ends. On the other part, if your Grace approve the Commissions and
Commissioners, how far King and Church shall suffer, your Grace is
wiser to conceive than I am able to express. The third is concerning
the Declinator, when it shall be proposed or presented to your Grace;
My Lords of Glasgow and Brechin are fully of that mind, that at the
very first it is to be used before the Assembly be established: their
Reasons seem very pregnant, first, because all Declinators are used so;
next, if the Assembly be once established, how can it be declined, or
your Grace admit our Declinator or Protestation?

My Lord, seeing two things are mainly to be looked to, the one that
His Majesties Pious Intentions be made known to this present Meeting;
the other, that the Church suffer no prejudice; my humble Opinion is,
that first the King’s Letter (as I have said) be read, and marked
_Produced_; next immediately after, our Declinator produced, and
presented to your Grace, read in audience of all, Instruments taken in
the Clerk-Registers hands, and it marked by the Clerk _Produced_. Then
your Grace may, by your own Wisdom, conceive a brief Speech, excusing
your self that you are not so well acquainted with the Formalities and
Legalities of Church-meetings; yet that seeing in such Distractions and
Combustions all things cannot be done in that orderly way is requisite,
and that your Grace does know how that, with a most earnest and
Fatherly Care, His Majesty endeavours the binding up of this breach,
and the restoring of Church and State to Quiet and Peace, and that your
Grace, for that Duty you owe to your Master, and Love you have to your
Native Country, will leave nothing undone that is in your power, and
incumbent to a Faithful Servant and kind Patriot, and therefore will
adventure to chuse rather to erre in formal Errours: than to leave so
material and necessary a Work at such an exigent of time; and so seeing
there is no Archbishop nor Bishop present, your Grace by connivence
will permit them (for how your Grace can allow it I see not) to chuse a
Moderator, and will not fall upon that shelve or rock of Examination of
Commissions or Commissioners; being confident that if matters go on in
a moderate way, what shall be agreed upon shall be liked by all, even
those that are taken to be their Party; and what is amiss in Formality
and Legality, if no errour be in the matter of the Conclusions, may
most easily and speedily be helped. After the Moderator is condescended
upon, the first thing your Grace would urge is the Registrating the
Kings Letter in the Books of the Assembly, then the Registrating of
our Declinator. After this your Grace will be careful, that nothing
be proposed till what is in His Majesties Declaration be enacted, and
if (this being done) they fall upon any extravagancy, your Grace then
may by advice of the Council declare, that seeing they will not hold
Moderation, your Grace and the Council must examine their Commissions
and Commissioners, (to which before you gave connivence) and discuss
the relevancy of our Declinator.

This Course keeped, in my poor Judgement, will fully manifest to all
His Majesties pious Intentions, evidence your Graces sincere affection
to Religion and the Kingdom, preserve our Right, make them unexcusable,
let the People see how unreasonable and immoderate they are, and give
to your Grace a fair way and ground, to discontinue and discharge the
Meeting under pain of Treason. This my weak and poor opinion I have
made bold to declare to your Grace, not out of any confidence in my
self, but necessitated because of that Obedience I owe your Grace, and
true affection to the Peace of Church and State, which with myself,
and all my endeavours, I humbly prostrate to you, and submit to your
Grace’s better Judgement.

I humbly beg of your Grace to let me know by this Gentleman, what shall
be done with our Declinator, and let him come and speak with my Lords
of Glasgow, Brechin, and me, that we may be acquainted by him of your
Graces commands. God in his mercy bless you in this difficult Work.

  Your Grace’s most humble
  and bounden Servant,
  JO. ROSSEN.[118]

  Castle of Glasgow,
  22ᵗʰ Nov. 1638.
  at 7 a clock in the
  morning.

       *       *       *       *       *


1638.—November 27.

96. _Letter from Hamilton to the King._[119]

MOST SACRED SOVEREIGN,

When I consider the many, great, and most extraordinary favours,
which your Majesty hath been pleased to confer upon me; if you were
not my Sovereign, gratitude would oblige me to labour faithfully, and
that to the uttermost of my power, to manifest my thankfulness. Yet
so unfortunate have I been in this unlucky country, that though I
did prefer your service before all worldly considerations, nay, even
strained my conscience in some points, by subscribing the negative
confession; yet all hath been to small purpose; for I have missed my
end, in not being able to make your Majesty so considerable a party as
will be able to curb the insolency of this rebellious nation, without
assistance from England, and greater charge to your Majesty, than this
miserable country is worth. As I shall answer to God at the last day,
I have done my best, though the success has proven so bad, as I think
myself of all men living, most miserable, in finding that I have been
so useless a servant to him, to whom I owe so much. And seeing this
may perhaps be the last letter that ever I shall have the happiness to
write to your Majesty, I shall therefore in it discharge my duty so
far, as freely to express my thoughts in such things as I do conceive
concerneth your service. And because I will be sure that it should not
miscarry, I have sent it by this faithful servant of your Majesty’s
whom I have found to be so trusty, as he may be employed by you, even
to go against his nearest friends and dearest kindred.

Upon the whole matter, your Majesty has been grossly abused by my Lords
of the clergy, by bringing in those things in this church, not in the
ordinary and legal way. For the truth is, this action of theirs is
not justifiable by the laws of this kingdom; their pride was great,
but their folly greater; for if they had gone right about this work,
nothing was more easy, than to have effected what was aimed at. As
for the persons of the men, it will prove of small use to have them
characterized out by me, their condition being such, as they cannot be
too much pitied; yet, lest I should lay upon them a heavier imputation,
by saying nothing, than I intend, therefore I shall crave leave to
say this much. It will be found that some of them have not been of
the best lives, as St Andrews, Brechin, Argyle, Aberdeen; too many of
them inclined to simony; yet, for my Lord of Ross,[120] the most hated
of all, and generally by all, there are few personal faults laid to
his charge, more than ambition, which I cannot account a fault, so it
be in lawful things. But, Sir, to leave them, and come to those whom
I conceive it is more necessary you should know, your officers and
counsellors, of whom I shall write without spleen or favour, as I
shall answer to him at the last day, to whom I must give an account (I
know not how soon) of all my actions.

Your Treasurer,[121] his ambition has been great, and his labouring
popularity has certainly prejudiced your service. Nothing could gain
him that name sooner, than by opposing the clergy; and the differences
betwixt them hath marred all; to which those of the Council did not
only hold hand to, but encouraged him to it, as much as in them
lay; and here again, I say, they gave too just reason to meet with
opposition. He is a most active man, and hath many excellent parts.
What his bypast carriage hath been, is as well, if not better known
to your Majesty than me; but he doth now labour certainly what lieth
in him, to advance your Majesty’s ends; and hath oft solemnly sworn
to me, that in defence of episcopal government he will spend his life
and fortune. For those particulars wherewith he hath been taxed, as
being guilty of abusing your Majesty, in the execution of his place,
as Treasurer, he will, in my opinion, justify himself. Howsoever
(considering these present times) you must make use of him, and your
Majesty should be wary of giving him discontent.

As for my Lord Privy Seal,[122] I shall not need to say much of him, he
being so well known to your father (of blessed memory) whose judicious
character of him to yourself, is so true, as I shall neither add nor
pare. He hath likewise declared himself to me for episcopal government;
but I like not his limitations; yet you must make use of him, for he is
a powerful man in this country.

The Marquis of Huntley is unknown to me, more than in general; but much
misliked is he here (yet not the worse for that) traduced not only to
be popishly inclined, but even a direct Roman Catholic; nay, they spare
not to tax him with personal faults. But howsoever, this I am sure of,
since my coming here, he hath proved a faithful servant to you; and I
am confident will be of greater use, when your Majesty shall take arms
in your hand.

The Earl of Argyle is the only man now called up as a true patriot, a
loyal subject, a faithful counsellor, and above all, rightly set for
the preservation of the purity of religion. And truly, Sir, he takes it
upon him. He must be well looked to; for it fears me, he will prove the
dangerousest man in this State. He is so far from favouring episcopal
government, that with all his soul he wishes it totally abolished. What
course to advise you to take with him, for the present, I cannot say;
but remit it to your Majesty’s serious consideration. The information
which you have had from Antrim, the most part of it I take to be true.

Perth hath been taxed to be a Roman Catholic; but I find him none. A
loyal heart he hath, but no great politician, nor of much power out of
the Highlands, and should be encouraged, because he may contribute to
the curbing of Argyle.

Tullibardin, I take him to be honest; your Majesty knoweth his
abilities. He is a true hater of Argyle.

Wigton, thanks be to God, hath no great power, for if he had it, it
would be employed the wrong way. Sorry I am for it, his ancestors have
been so dear friends to mine.

Kinghorn, I am grieved for his weakness. A good man he is, but totally
misled by his brother Albar, who will succeed in his place, he having
no children. Too near of kindred he is to me.

Haddington has too much the humour of these times; but he hath oft
sworn to me, he will never ask what your quarrel is; yet few of his
friends I fear will go along with him in it, in defence of episcopacy.

As for Lauderdale, he is a man of no great power; but he is truly
honest, and most rightly set in all that concerneth your service.

Southesk hath, beyond all expectation, shewn himself forwardly stout
in all that hath concerned your service, ever since my coming first
to this country. He is a man of great power, rich, and was extremely
beloved; but now as much hated. He doth deserve your Majesty’s favour,
on my word; and, if not for one consideration, none were fitter to be
Chancellor, which I shall advise your Majesty not to dispose of till
these troubles be past.

Kinnoul, for his part, hath shewn himself both true and forward in all
your service; in whom your Majesty may have confidence, according to
his power.

Finlater, according to his power, hath done his part, as I hear by the
Marquis of Huntley.

Linlithgow, if his power were according to his affection, he would be
useful to you.

I must not forget Dalzell, who both is of power to serve you, and has
most faithfully done it.

As for the rest of the Council, they are either of no power to serve
you in this time, or totally set the covenanters way. For brevity I
pass them by, and have sent a list of the whole Counsellors names.

If the Justice Clerk[123] were not so near me as he is, I would say
more of him than now I will; yet pardon me for saying, an honester soul
lives not.

The Advocate[124] should be removed, for he is ill disposed. I know
none so fit for his place as Sir Lewis Stewart. My Lord Treasurer’s
friend he is; Sir Thomas Nicolson being no ways to be trusted in what
may concern the affairs of the church.

Now, for the Covenanters, I shall only say this in general, they may
all be placed in one roll as they now stand. But certainly, Sir, those
that have both broached the business, and still hold it aloft, are
Rothes, Balmerino, Lindsay, Lothian, Loudoun, Yester, Cranstoun. There
are many others as forward in show; amongst whom none more vainly
foolish than Montrose. But the above mentioned are the main contrivers.

The gentry, boroughs, and ministers have their ringleaders too. It
will be too long to set down all their names. Those who I conceive to
be most inclined, the Clerk Register (who is a faithful servant to the
Crown) if I miscarry, will give you information of them; yet, I fear
him, poor man, more than myself. But they are obvious and known to all.

This is all that I will say concerning the persons of the men in this
kingdom; wishing, Sir, with my heart, those whom I misdoubt, I may be
deceived by their future carriage, and that their loyalty may appear,
which will blot out of your Majesty’s memory what my duty and fidelity
to you has caused me to write thus of them.

It is more than probable, that these people have somewhat else in their
thoughts than religion. But that must serve for a cloak to rebellion,
wherein for a time they may prevail; but, to make them miserable, and
bring them again to a dutiful obedience, I am confident your Majesty
will not find it a work of long time, nor of great difficulty, as they
have foolishly fancied to themselves. The way to effect which, in my
opinion, is briefly thus.

Their greatest strength consists in the boroughs: and their being
is by trade; whereof, a few ships of your Majesty’s, well disposed,
will easily bar them. Their chiefest trade is in the eastern Seas and
to Holland, with coal and salt, and importing of victual, and other
commodities from thence; whereof if they be but one year stopped, an
age cannot recover them; yet so blinded they are, that this they will
not see. This alone, without farther charge to your Majesty, your
frontiers being well guarded, will work your end. This care should be
taken, that when particular boroughs can be made sensible of their past
errours, and willing to return to their allegiance, they be not only
then not barred from trade, but received into your Majesty’s favour and
protection.

In my opinion, your ships would be best ordered thus, eight or ten to
lie in the Firth. There should be some three or four plying to and
again betwixt the Firth and Aberdeen, so long as the season of the year
will permit them to keep the seas; and when they are not longer able,
they may retire into the Firth; in which there are several places in
which they may ride in all weathers.

Those ships that lie in the Irish seas, will be sufficient to bar all
trade from the west of Scotland. The fittingest places are between
Arran and the coast of Galloway. When the weather is foul, there is an
excellent road in Galloway called Lochyen; and another in Arran called
Lamlash, or the Holy Island; where they may ride in safety. This is all
I shall say concerning the barring them of trade.

This will certainly so irritate them, as all those who within this
country stand for your Majesty, will be in great and imminent danger.
The best way, that for the present I can think on to secure them, and
to make some head for your Majesty, is, to appoint the Marquis of
Huntley in the north, your Majesty’s Lieutenant; with full power to him
to raise such and so many men, as he shall think convenient for the
defence of the country. By this means, there being a head, those that
are in the north will know to whom to repair; and there is no doubt but
in those parts they will do well enough.

For those that are besouth the river Forth, I apprehend their danger
most; and I would advise that there were lieutenants likewise
appointed, to whom they might repair. Necessity will force your Majesty
upon one of two, either Traquair or Roxburgh; or, indeed, both, for
they may both have commissions. They may be well furnished with arms,
and other things necessary, from England, by land, both their fortunes
being near adjacent to Northumberland; and though I fear they will not
be able to make a body of an army, yet necessary it is that lieutenants
should be, and I know none so fit as these in those parts; for I will
never think they have traiterous hearts.

Certainly necessary it is for the government of this kingdom, that a
commissioner or deputy should be in it. For experience hath taught me,
that your Majesty will never be well served by your council, unless
there be some one or other amongst them on whom the chief care must
lie. If your Majesty do not first settle the country, and reclaim
it, whosoever you shall employ, will never be able to do any thing.
Therefore that should be done, before any new commission be given; and
even then, where you will find a man, I cannot possibly say, unless
your Majesty send the Duke of Lenox. As for the Marquis of Huntley,
certainly he may be trusted by you; but whether fitly or no, I cannot
say. If I keep my life (though next Hell I hate this place), if you
think me worthy of employment, I shall not weary till the government be
again set right; and then I will forswear this country.

As for your Majesty’s castle of Edinburgh, it was a most shameful thing
it should have been so neglected. I cannot promise that it shall be
defended, yet I hope they shall not take it, but by an hostile act.
Some few men I have stolen in, but as yet cannot get one musket put
there, nor one yard of match. I have trusted, for a time, the same man
that was in it, and perhaps your Majesty will think this strange that I
have done so; yet necessity forced me to it. For thither Ruthven would
not go, without arms and ammunition; and indeed he is not to be blamed
therefore; but, Sir, I have that in working, that, if I can accomplish,
may for a time secure that place. And for my trusting that man, I can
only say this, that if he deceive me, we were in no worse condition
than when it was in Lord Marr’s hands; safe only, for the giving him
2000l. which, if lost by the default of him whom I have trusted, your
Majesty shall not be burthened by the payment of this money, for I
deserve to lose it for my confidence. He is no Covenanter, and hath
solemnly sworn to me, to lose his life before he quit it.

As for Dunbritton, the way is easy to put as many men there as you
please, with victual and ammunition; from Ireland they must come, and
at the castle they must land; 100 men will be sufficient, provided with
ammunition and victual for three months; and the sooner this be done
the better.

Thus, Sir, your Majesty hath the humble opinion of what I conceive of
the affairs of the kingdom. What I have said, I humbly submit to your
Majesty.

I have now only this one suit to your Majesty, that if my sons live,
they may be bred in England, and made happy by service in the court;
and if they prove not loyal to the crown, my curse be on them.

I wish my daughters be never married in Scotland. I humbly recommend my
brother to your favour.

Thus, with my hearty prayers to God, that he will bless you with a long
and happy life, and crown all your intentions with a wished success;
which I hope to live and see effected, notwithstanding of all the
threats that is used to

Your Majesty’s, &c.

HAMILTON.

  Glasgow,
  27th November, 1638.

       *       *       *       *       *


1638.—November.

97. _The Supplication and humble Remonstrance of the Ministers of the
Church of Scotland, presented to his Majesties High Commissioner and
Generall Assemblie held at Glasgow in November, 1638._[125]

MAY IT PLEASE YOUR GRACE,

And you right Noble, Right Worshipfull, and you most Reverend brethren,
conveened by his Majeties Proclamation in this venerable nationall
Assembly, to consult upon the most convenient wayes, and to enact such
Ecclesiasticall Lawes, as to your wisdomes seemes most expedient, for
preserving of peace and truth in this Church, for which ends wee from
the bottome of our hearts (as feeling members of the same) earnestly
intreat him, who hath promised to be with his owne to the end of
the world, by his spirit and grace, so to direct and assist your
wisedomes, that by this long expected meeting, glory may redound to
his ever glorious Name, and peace to this rent Church, which all the
members thereof, with most earnest wishes, expect at your hands. For
the present, we thought it our duty, as those whom it doth most clearly
concerne (our great Shepheard having committed to our charge a part of
that Flock which he hath redeemed with his precious bloud) to present
unto you our just feares which arise from the sudden incroaching of
the Laick (now called Ruling) Elders, in divers Presbyteries of this
Kingdome, having chiefe hand in chusing of Commissioners there, lest
they, with Commissioners thus elected, may bring upon the neck of the
Ministery and Church here, the heavie yoke of overruling Elders in all
times comming, to the no small hurt of us and our successors in the
Gospel, except timely remedy be provided.

Our humble supplication therefore to your Grace, and Members of this
present Assembly, is, that all these Commissioners thus chosen by the
voyce of Laick Elders, and in whose Commissions they have had hand,
may be removed, as men to whose voyces and judgements we cannot submit
our selves in matter of Church government, for the just feares above
exprest, they being justly suspect Judges not to be admitted, and
their elections and Commissions void for reasons following: First,
there is no Law in this Kingdome whereby Laick Elders have any voyce
in chusing Commissioners to Generall Assemblies; the chusers therefore
having no legall power to elect, those that are chosen by such, can
have no place nor voyce in this Assembly. Secondly, albeit there have
beene heretofore, and before Churches were fully planted, a custome
that Laick-Elders did sit in Presbyteries, yet that custome hath beene
these 35. yeeres by-past, universally (and above forty yeeres in most
Presbyteries) interrupted; which prescription is sufficient to make
voyd any such custome: so that it can to no sufficient warrant for them
to sit and voyce in Presbyteries now, much lesse to intrude themselves
(as they have done in many Presbyteries) contrarie to the minds and
publicke protestation of the Ministerie. Thirdly, when Laick-Elders
had place in Presbyteries, yet it was ordained that the voyces should
not be equall in number, with the voyces of the Ministerie, as is to
be seene in the ____________ booke of discipline ____________ Chapter.
But in this election, their number were not onely equall, but in most
parts more, because out of every Parish there was a Laick-Elder, and
so at least equall in number; and in election of these Commissioners,
against whose election we except, there was put upon the list six in
some places, and in others foure of the Ministers, who being removed,
in their absence the choyce was made when the Laick-Elders by six or
foure at the least exceeded the Ministers in number of voyces, yea in
some Presbyteries the Laick-Elders were twice so many in number; so
that these Commissioners are mainly chosen by the Laitie, and not by
the Ministers, neither can wee acknowledge them for ours. Fourthly,
these Laick-Elders did of old onely assist in Discipline, not medling
with points of Doctrine (suffering the spirit of the Prophets to be
subject to the Prophets, according to the Apostolicall rule;) but
now they intrude themselves to sit and voice in the Presbyteries in
matters of Doctrine, and have given Commission to those whom we except
against, to voyce in this venerable Assembly, in Doctrine as well as
in matters of Discipline; which Commissions are null, as proceeding _à
non habente potestatem_. For these and other most weighty causes, the
election of such Commissioners, and their place in this Assembly being
so dangerous to the Church, threaten the same with the most intolerable
yoak of bondage to be laid upon the neck of the Presbyteries by Laick
over-ruling-Elders, to the prejudice of the liberties of the said
Presbyteries, and whole Discipline of this Church. We could not,
out of conscience to God, our callings, and flocks, but make humble
remonstrance of the same to your Grace and members of this grave
Assembly: withall protesting, both in our own names, and in name of all
the Ministerie and body of this Church that will adhere to this present
supplication, that all sentences, conclusions, Canons, Statutes, and
Ordinances, which shall be made in that Assembly wherein the foresaid
Commissioners shall have determinative voyce, to be voyd, null, and
of no effect to oblige us or any of us to the obedience of the same:
But if this our just supplication be not admitted (which we hope and
earnestly pray may be graciously accepted) then this our protestation
may be of force against such Lawes and proceedings that may follow
thereupon. Thus hoping for your charitable construction of this our
necessarie duty in so eminent a danger of the Church, and humbly
intreating these presents may be put upon Record, We rest.

       *       *       *       *       *


1638.—November 29.

98, 99. _Speech of Hamilton at dissolving the Assembly, and his Reply
to Moderator._[126]

I find this day great contrarieties of Humours in my self, first, cause
of Joy; next, cause of Sorrow: cause of Joy, in making good what hath
been promised by His Majesty; cause of Sorrow, in that I cannot make
further known his Majesties Pious Intentions.

You have called for a Free General Assembly: His Majesty hath granted
you one, most Free on his part, and in his intentions; but as you have
handled and marred the matter, let God and the World judge, whether
the least shadow or footstep of Freedom can be discerned in this
Assembly, by any man who hath not given a Bill of Divorce both to his
Understanding and Conscience. With what wresting and wringing your
last Protestation charges His Majesties last Gracious Proclamation in
the point of Prelimitations, is both known and misliked by many even
of your own pretended Covenant; but whether your Courses, especially
in the Elections of the Members of this Assembly, be not onely
Prelimitations of it, but strong Bars against the Freedom of it, nay
utterly destructive both of the Name and Nature of a Free Assembly,
and unavoidably inducing upon it many and main Nullities, will be made
manifest to the whole World.

But his Majesties Sincere Intentions being to perform in a lawful
Assembly all he hath promised in his Gracious Proclamation, if you
find out a way how these things may pass, and be performed even in
this Assembly, such as it is, and yet His Majesty not made to approve
any way the Illegalities and Nullities of it, for satisfying all His
Majesties good Subjects of the Reality of his Meaning; I am by His
Majesties special Command ready to doe it, and content to advise with
you how it may be done.

[And after this he caused read his Majesties Concessions, as they
had been before proclaimed: upon which he took instruments, that by
producing and signing of them, first his Majesties Intentions were
made known: next, that in the producing and delivering of them, the
Lawfullness of the Assembly was not acknowledged. After that he went
on, and discoursed against the Constitution of the Assembly in the
following words,]

But now I am sorry I can go on with you no more, for the sad part is
yet behind, about Ruling-elders; for neither Ruling-elders, nor any
Minister chosen Commissioner by Ruling-elders, can have voice here,
because no such election is warranted, either by the Laws of this
Church or Kingdom, or by the practice or custom of either: for even
that little which appeareth to make for those Elders in the Book of
Discipline, hath at this time been broken by you, there being more
Lay-elders giving votes at every one of those Elections, than there
were Ministers, contrary to the Book of Discipline; as in Lanerick
but eight Ministers and eighteen or nineteen Lay-elders; and so in
divers other Presbyteries: and in every Presbytery, when the Ministers
upon the List were removed, the remaining Elders exceeded far the
remaining Ministers. But say there were Law for those Lay-elders, the
interruption of the execution of that Law, for above 40 years, makes so
strong a Prescription against it, that without a new reviving of that
Law by some new Order from the General Assembly, it ought not again be
put in practice; for if His Majesty should put in practice, and take
the Penalties of any disused Laws without new intimations of them from
Authority, it would be thought by your selves very hard dealing.

To say nothing of that Office of Lay-elders, it being unknown to the
Scripture or Church of Christ for above 1500 years, let the World
judge whether those Laymen be fit to give Votes in inflicting the
Censures of the Church, especially that great and highest Censure of
Excommunication, none having power to cast out of the Church by that
Censure, but those who have power to admit into the Church by Baptism:
and whether all the Lay-elders here present at this Assembly be fit
to judge of the high and deep Mysteries of Predestination, of the
Universality of Redemption, of the Sufficiency of Grace given, or not
given to all men, of the Resistibility of Grace, of total and final
Perseverance, or Apostasie of the Saints, of the Antilapsarian or
Postlapsarian Opinion, of Election and Reprobation; all which they mean
to ventilate, if they do determine against the Arminian, as they give
out they will.

In many Presbyteries these Lay-elders disagreed in their Elections
wholly, or for the most part, from the Ministers, and carried it from
them by number of Votes, though in all reason the Ministers themselves
should best know the abilities and fitness of their Brethren: and this
was done in the Presbyteries of Chirnside, Linlithgow, Aberdeen, and
divers more.

How can these men now elected be thought fit to be Ruling-elders, who
were never Elders before, all or most part of them being chosen since
the Indiction of the Assembly, some of them but the very day before the
Election of their Commissioners; which demonstrates plainly that they
were chosen onely to serve their Associates turn at this Assembly?

Since the Institution of Lay-elders by your own Principles is to watch
over the Manners of the People in the Parish in which they live, how
can any man be chosen a Ruling-elder from a Presbytery, who is not an
inhabitant within any Parish of that Presbytery, as hath been done in
divers Elections, against all Law, Sense, or Reason?

By what Law or Practice was it ever heard, that young Noblemen, or
Gentlemen, or others, should be chosen Rulers of the Church, being yet
Minors, and in all Construction of Law thought unfit to manage their
own private Estates, unless you will grant that men of meaner Abilities
may be thought fit to rule the Church, which is the House of God, than
are fit to rule their own private Houses, Families, and Fortunes?

By what Law can any Ruling-elder be sent to a Presbytery to Vote in
anything, especially in chusing Commissioners for the General Assembly,
who is not chosen for that purpose by the Session of that Parish in
which he is a Ruling-elder? And who gave power to the Minister of
every Parish, to bring with him to the Presbytery for that purpose any
Ruling-elder of his Parish whom he pleased?

But it is well-known, that divers Elders gave Votes in these
Presbyteries to the Elections of some Commissioners here, who were not
chosen by the Sessions of their several Parishes to give Votes in those
Presbyteries; and therefore such Commissioners as were chosen by such
Lay-elders can have no Vote here.

By what Law or Practice have the several Parishes or Presbyteries
chosen Assessors to their Ruling-elders, without whose consent some of
the Commissioners here present are sworn not to vote to any thing?

This introducing of Ruling-elders is a burthen so grievous to the
Brethren of the Ministry, that many of the Presbyteries have protested
against it for the time to come, some for the present, as shall appear
by divers Protestations and Supplications ready to be here exhibited.

For the Ministers chosen Commissioners hither, besides that the fittest
are passed by, and some chosen who were never Commissioners of any
Assembly before, that so they might not stand for their own Liberty in
an Assembly of the nature whereof they are utterly ignorant, choice
hath been also made of some who are under the Censure of the Church,
of some who are deprived by the Church, of some who have been banished
and put out of the University of Glasgow, for teaching their Scholars
that Monarchies were unlawful, some banished out of this Kingdom for
their Seditious Sermons and Behaviour, and some for the like Offences
banished out of another of His Majesties Kingdoms, Ireland, some
lying under the fearful Sentence of Excommunication, some having no
Ordination nor Imposition of Hands, some admitted to the Ministry
contrary to the standing Laws of this Church and Kingdom, all of them
chosen by Lay-elders; what a Scandal were it to the Reformed Churches
to allow this to be a lawful Assembly, consisting of such Members, and
so unlawfully chosen?

Of this Assembly divers who are chosen are at the Horn, and so by
the Laws of this Kingdom are uncapable of sitting as Judges in any
Judicatory.

Three Oaths are to be administered to every Member of this Assembly,
the Oath for the Confession of Faith, lately renewed by His Majesties
Commandment, the Oaths of Allegeance and Supremacy; and whosoever
shall refuse any of these, cannot be a Judge in any Judicatory of this
Kingdom: and therefore resolve presently whether you will take them or
not.

You have cited the Reverend Prelats of this land to appear before
you by a way unheard-of, not only in this Kingdom, but in the whole
Christian World, their Citations being read in the Pulpits, which
is not usual in this Church; nay, and many of them were read in the
Pulpits after they had been delivered into the Bishops own hands.
How can His Majesty deny unto them, being His Subjects, the benefit
of His Laws, in declining all those to be their Judges, who by their
Covenant do hold the principal thing in question, to wit, Episcopacy
to be abjured, as many of you do? or any of you to be their Judges,
who do adhere to your last Protestation, wherein you declare, that it
is an Office not known to this Kingdom, although at this present it
stand established both by Acts of Parliaments, and Acts of General
Assemblies? Who ever heard of such Judges as have sworn themselves
Parties? And if it shall be objected, that the Orthodox Bishops in
the first four and other General Councils could not be denied to be
competent Judges of the Hereticks, though beforehand they had declared
their Judgments against their Heresies: it is easily answered, that
in matters of Heresie no man must be patient, since in Fundamental
points of Faith a man cannot be indifferent without the hazard of his
Salvation, and therefore must declare himself to be on Christs side,
or else he is against him; but in matters of Church-government and
Policy, which by the Judgment of this Church in the 21ᵗʰ Article of our
Confession is alterable at the will of the Church, it is not necessary
for any man who means to be a Judge, to declare himself, especially
against that Government which stands established by Law at the time of
his Declaration, being not onely not necessary, but likewise not lawful
for him at that time so to doe; now this Declaration all you who adhere
to the last Protestation have made, even since you meaned to be the
Bishops Judges. Besides, even those Orthodox Fathers never did declare
themselves against the Hereticks, their Persons or Callings, by Oaths
and Protestations, as you have done; for that had been a prejudging in
them, and this prejudging in you makes you now to be incompetent Judges.

Upon the whole matter then there are but two things left for me to
say: first, you your selves have so proceeded in the business of this
Assembly that it is impossible the fruits so much wished and prayed
for can be obtained in it; because standing as it does, it will make
this Church ridiculous to all the Adversaries of our Religion, it
will grieve and wound all our Neighbour Reformed Churches who hear of
it; it will make His Majesties Justice to be traduced throughout the
whole Christian World, if he should suffer His Subjects in that which
concerns their Callings, their Reputations and their Fortunes, to be
judged by their sworn Enemies. If therefore you will dissolve your
selves, and amend all these errours in a new Election, I will with all
convenient speed address my self to His Majesty, and use the utmost
of my Intercession with His Sacred Majesty for the Indiction of a new
Assembly, before the meeting whereof all these things now challenged
may be amended: if you shall refuse this Offer, His Majesty will then
declare to the whole World, that you are disturbers of the Peace of
this Church and State, both by introducing of Lay-elders against the
Laws and Practices of this Church and Kingdom, and by going about to
abolish Episcopal Government, which at this present stands established
by both the said Laws: two points (I daresay) and you must swear it, if
your Consciences be appealed to, (as was well observed by that Reverend
Gentleman we heard preach the last Sunday) which these you drew into
your Covenant were never made acquainted with at their entering into
it; much less could they suspect, that these two should be made the
issue of this business, and the two stumbling-blocks to make them fall
off from their Natural Obedience to their Soveraign.


_The Commissioner’s Reply to the Moderator._[127]

As for your pretence of your unlimited Freedom, you indeed refused
so much as to hear from His Majesties Commissioner, of any precedent
Treaty for the preparing and right-ordering of things before the
Assembly; alledging, that it could not be a free Assembly where there
was any Prelimitation either of the Choosers, or of those to be chosen,
or of things to be treated of in the Assembly, but that all things
must be discussed upon the place, else the Assembly could not be free:
but whether you your selves have not violated that which you call
Freedom, let any man judge; for besides these Instructions, which it
may be are not come to our knowledge, we have seen, and offer now to
produce, four several Papers of Instructions sent from them, (whom
you call the Tables) containing all of them Prelimitations, and such
as are not onely repugnant to that which you call the Freedom, but to
that which is indeed the Freedom of an Assembly. Two of these Papers
were such as you were contented should be communicated to all your
Associates, to wit, that larger Paper sent abroad to all Presbyteries,
immediately after His Majesties Indiction of the Assembly, and that
lesser Paper for your meeting first at Edinburgh, then at Glasgow,
some days before the Assembly; which Paper gave order for chusing of
Assessors, and divers other particulars: but your other two Papers of
Secret Instructions were directed, one of them onely to one Minister of
every Presbytery, to be communicated by him as he should see cause, but
to be quite concealed from the rest of the Ministers; the other Paper
was directed onely to one Lay-elder of every Presbytery, and to be
communicated by him as he should see cause, but to be quite concealed
from all others: in both which Papers are contained such Directions,
which being followed, as they were, have quite banished all Freedom
from this Assembly; as shall appear by reading the Papers themselves.

[These he caused read, but they were disowned by the Members of the
Assembly; and they said, they might have been the private Opinions of
some, but did infer no Prelimitation on the Assembly: to which the
Marquis answered]—

That all the Elections being ordered according to these, was a clear
proof, they were sent by an Authority which all feared to disobey. And
after that he told, That for many moneths the Orders of the Table had
been obeyed by all; but he would now make a trial what Obedience they
would give to the Kings Command: and protested, that one of the chief
Reasons that moved him to dissolve this Assembly, was to deliver the
Ministers from the Tyranny of Lay-elders, who (if not suppressed) would
(as they were now designing the ruine of Episcopal Power) prove not
onely Ruling, but Over-ruling-elders.

       *       *       *       *       *


1638.—November 29.

100. _Royal Proclamation anent the Assembly._[128]

CHARLES by the grace of God, King of Scotland, England, France,
and Ireland, Defender of the Faith. To Our Lovits _____________
__________________ Heraulds, Pursevants, Our Sheriffes in that part
conjunctly & severally specially constitute, greeting. Forsameikle
as out of the royall & fatherly care which We have had of the good &
peace of this Our ancient and native Kingdome, having taken to Our
serious consideration all such things as might have given contentment
to Our good & loyall subjects: And to this end had discharged by Our
Proclamation the Service Booke, Booke of Canons, and high Commission,
freed and liberate all men from the practising of the five Articles,
made all Our subjects both ecclesiasticall & civill liable to the
censure of Parliament, generall Assembly, or any other Iudicatorie
competent, according to the nature and qualitie of the offence; and
for the free entrie of Ministers, that no other oath be administrate
unto them then that which is contained in the Act of Parliament: had
declared all by-gone disorders absolutely forgotten & forgiven: and
for the more full and cleare extirpating all ground & occasion of
feares of innovation of Religion, We had commanded the confession of
faith, and band for maintenance thereof, and of authoritie in defence
of the same, subscribed by Our deare Father, and his household, in
anno 1580. to bee renewed and subscribed againe by Our subjects here:
Likeas for settling of a perfect peace in the Church and Commonwealth
of this Kingdome, We caused indict a free generall Assembly to bee
holden at Glasgow the 21. of this instant, and thereafter a Parliament
in May 1639. By which clement dealing, We looked assuredly to have
reduced Our subjects to their former quiet behaviour & dutifull
carriage, whereto they are bound by the Word of God, and Lawes both
nationall and municipall, to Us their native and Soveraigne Prince.
And albeit the wished effects did not follow, but by the contrary, by
Our so gracious procedure they were rather emboldened, not onely to
continue in their stubborne and unlawfull waies, but also daily adde to
their former procedures acts of neglect, & contempt of authority, as
evidently appeared by open opposing of Our just & religious pleasure
and command, exprest in Our last Proclamation anent the discharge of
the Service Booke, Booke of Canons, high Commission, &c. protesting
against the same, and striving by many indirect meanes to withdraw the
hearts of Our good people, not onely from a hearty acknowledgement of
Our gracious dealing with them, but also from the due obedience to
those Our just and religious commands, notwithstanding We had been
formerly so oft petitioned by themselves for the same. By their daily
and hourely guarding and watching about Our Castle of Edinburgh,
suffering nothing to be imported therein, but at their discretion, And
openly stopping and impeding any importation of ammunition, or other
necessaries whatsoever to any other of Our houses within that Kingdome:
Denying to Us their Soveraign Lord that libertie and freedome, which
the meanest of them assume to themselves, (an act without precedent or
example in the Christian world,) By making of Convocations and Councell
Tables of Nobility, Gentry, Burrowes and Ministers within the Citie
of Edinburgh, where not regarding the Lawes of the Kingdome, they,
without warrant of authoritie, conveene, assemble, and treat upon
matters, as well ecclesiasticall as civill, send their injunctions and
directions throughout the country to their subordinate Tables, and
other under-ministers appointed by them for that effect. And under
colour & pretext of religion exercing an unwarranted & unbounded
libertie, require obedience to their illegall and unlawfull procedures
and directions, to the great & seen prejudice of Authority, and lawfull
Monarchicall government. And notwithstanding it was evidently manifest
by the illegall & unformall course taken in the election of their
Commissioners for the Assembly, whereof some are under the censure of
this Church, some under the censure of the Church of Ireland, and some
long since banished for open and avowed teaching against Monarchie,
others of them suspended, and some admitted to the Ministerie contrary
to the forme prescribed by the Lawes of this Kingdome, others of
them a long time since denounced Rebels and put to the Horne, who by
all law and unviolable custome and practique of this Kingdome, are,
and ever have been incapable, either to pursue, or defend before any
Iudicatorie, far lesse to be Iudges themselves: some of them confined,
and all of them by oath and subscription bound to the overthrow of
Episcopacie. And by this and other their under-hand working, and
private informations and perswasions, have given just ground of
suspicion of their partiality herein, & so made themselves unfit Iudges
of what concerneth Episcopacie. And also it was sufficiently cleared
by the peremptorie and illegall procedures of the Presbyteries, who
at their own hand by order of law, & without due forme of processe,
thrust out the Moderatours lawfully established, & placed others, whom
they found most inclinable to their turbulent humours; associate to
themselves for the choosing of the said Comissioners for the Assembly,
a Laick-Elder out of each Paroch, who being in most places equall,
if not moe in number then the Ministerie, made choice both of the
Ministers, who should be Commissioners from the Presbyteries, as also
of a Ruling-Elder; being directed more therein by the warrants from the
foresaid pretended Tables, then by their owne judgements, as appeares
by the severall private instructions sent from them, farre contrary
to the Lawes of the Countrey, and lowable custome of the Church: by
which doings it is too manifest, that no calme nor peaceable procedure
or course could have been expected from this Assembly, for settling
of the present disorders and distractions: Yet We were pleased herein
in some sort to blindfold Our own judgement, and overlooke the said
disorders, and patiently to attend the meeting of the said Assembly,
still hoping that when they were met together, by Our Commissioner
his presence, and assistance of such other well disposed subjects who
were to be there, and by their owne seeing the reall performance of
all that was promised by Our last Proclamation, they should have been
induced to returne to their due obedience of subjects: But perceiving
that their seditious disposition still increases, by their repairing
to the said Assembly with great bands and troupes of men, all boddin
in feare of warre, with guns and pistolets, contrary to the lawes of
this Kingdome, custome observed in all Assemblies, and in high contempt
of Our last Proclamation at Edinburgh the 16. of this instant: As
also by their peremptory refusing of Our Assessors, authorized by Vs
(although fewer in number then Our dearest Father was in use to have at
divers Assemblies) the power of voting in this Assembly, as formerly
they have done in other Assemblies; and by their partiall, unjust,
and unchristian refusing, and not suffering to be read the reasons
and arguments given in by the Bishops, and their adherents, to Our
Commissioner, why the Assembly ought not to proceed to the election of
a Moderatour without them, neither yet to the admitting of any of the
Commissions of the saids Commissioners from Presbyteries, before they
were heard object against the same, though earnestly required by our
Commissioner in our name. And notwithstanding that our Commissioner
under his hand, by warrant from us, gave in a sufficient declaration
of all that was contained in our late proclamation and declaration,
the same bearing likewise our pleasure of the registration of the same
in the books of assembly for the full assurance of the true religion
to all our good subjects; And yet not resting satisfied therewith,
lest the continuance of their meeting together might produce other the
like dangerous acts, derogatory to royall authoritie, we have thought
good, for preveening thereof, and for the whole causes and reasons
above-mentioned, and divers others importing the true monarchicall
government of this estate, to dissolve and breake up the said Assembly.
And therefore OVR will is, and we doe discharge and inhibit all and
whatsoever pretended Commissioners, and other members of the said
pretended assembly, of all further meeting and conveening, treating and
concluding any thing belonging to the said assembly, under the pain of
treason, declaring all and whatsoever that they shall happen to doe in
any pretended meeting thereafter, to be null, of no strength, force nor
effect, with all that may follow thereupon: Prohibiting and discharging
all our lieges to give obedience thereto, and declaring them, and every
one of them, free and exempt from the same, and of all hazzard that
may ensue for not obeying thereof. And for this effect we command and
charge all the foresaids pretended commissioners, and other members of
the said assembly, to depart forth of this city of Glasgow, within the
space of xxiiii houres after the publication hereof, and to repair home
to their own houses, or that they goe about their own private affaires
in a quiet manner. With speciall provision alwayes, that the foresaid
declaration, given in under our Commissioners hand, with all therein
contained, shall notwithstanding hereof, stand full, firm and sure to
all our good subjects in all time coming, for the full assurance to
them of the true religion. And our will is, and we command and charge,
that incontinent these our letters seen, ye passe, and make publication
hereof by open proclamation at the market crosse of Glasgow, and other
places needfull, wherethrough none pretend ignorance of the same. Given
under our signet at Glasgow the 29. of November, and of our reign the
fourteenth year. 1638.

  _Sic Subscribitur._

  HAMILTOUN,
  Traquaire, Roxburgh, Murray, Linlithgow,
  Perth, Kingorne, Tullibardin, Hadingtoun, Galloway,
  Annandaill, Lauderdaill, Kinnoull, Dumfreis,
  Southesk, Belhaven, Angus, Dalyell, J.
  Hay, W. Elphinstoun, Ja. Carmichael, J. Hamiltoun.

       *       *       *       *       *


1638.—November 28 and 29.

101. _The Protestation of the generall Assembly of the Church of
Scotland, &c. Made in the high Kirk, and at the Market Crosse of
Glasgow, Novemb. 28. and 29. An. 1638._[129]

Wee Commissioners from Presbyteries, Burghes, and Vniversities, now
conveened in a full and free Assembly of the Church of Scotland,
indicted by his Majestie, and gathered together in the Name of the
Lord Jesus Christ the only Head, and Monarch of his own Church, And
we Noblemen, Barons, Gentlemen, Ministers, Burgesses and Commons,
Subscribers of the Confession of Faith, Make it knowne that where We
His Majesties loyall Subjects of all degrees, considering and taking
to heart the many and great innovations and corruptions lately by the
Prelates and their adherents intruded into the doctrine, worship, and
discipline of this Church, which had been before in great purity to our
unspeakable comfort established amongst us, were moved to present many
earnest desires and humble supplications to his sacred Majestie, for
granting a free generall Assemblie, as the only legall and ready meane
to try these innovations, to purge out the corruptions, and settle
the order of the church, for the good of Religion, the honour of the
King, and the comfort and peace of the Kirk and Kingdome: It pleased
his gracious Majestie, out of his Royall bountie, to direct unto this
Kingdome, the Noble and Potent Lord, James Marques of Hammiltoun,
with Commission to hear and redresse the just grievances of the good
Subjects, who by many petitions, and frequent conferences, being fully
informed of the absolute necessity of a free generall Assemblie, as the
only Iudicatorie which had power to remedie those evils, was pleased
to undergoe the paines of a voyage to England, for presenting the
pittifull condition of our Church to his sacred Majestie; And the said
Commissioner his Grace returned againe in August last, with power to
indict an Assemblie, but with the condition of such limitations, as did
both destroy the freedome of an Assembly, and could no wayes cure the
present diseases of this Church; which was made so clearly apparent to
his Grace, that for satisfying the reasonable desire of the Subiects,
groaning under the wearinesse and prejudices of longsome attendance.
He was againe pleased to undertake another journey to his Majestie,
and promised to indeavour to obtain a free Generall Assemblie, without
any prelimitation, either of the constitution and members, or matters
to be treated, or manner, and order of proceeding; so that if any
question should arise concerning these particulars, the same should be
cognosced, judged, and determined by the Assembly, as the onely Iudge
competent: And accordingly by warrant from our Sacred Soveraigne,
returned to this Kingdome, and in September last, caused indict a
free Generall Assemblie to be holden at Glasgow, the 21. of November
instant, to the unspeakable ioy of all good Subiects and Christian
hearts, who thereby did expect the perfect satisfaction of their long
expectations; and the finall remedie of their pressing grievances: But
these hopes were soone blasted: for albeit the Assemblie did meet and
begin at the appointed day, and hath hitherto continued, still assisted
with His Graces personall presence, yet His Grace hath never allowed
any freedome to the Assemblie, competent to it by the Word of God, acts
and practices of this Church, and his Majesties Indiction, but hath
laboured to restraine the same, by protesting against all the acts made
therein, and against the constitution thereof by such members, as by
all law reason and custome of this Church were ever admitted in our
free Assemblies, and by denying his approbation to the things proponed
and concluded, though most cleare, customable, and uncontraverted.

And now since his Grace after the presenting and reading of his owne
commission from our sacred Soveraigne, and after his seeing all our
commissions from Presbyteries and Burghes produced and examined, and
the Assembly constitute of all the members by unanimous consent, doth
now to our greater griefe, without any just cause or occasion offered
by us, unexpectedly depart and discharge any further meeting, or
proceeding in this assemblie, under the paine of treason: and after
seven dayes sitting, declare all Acts made, or hereafter to be made
in this Assemblie, to be of no force nor strength; and that for such
causes as are either expressed in his Maiesties former proclamations,
(and so are answered in our former protestations) or set downe in
the declinatour and protestation presented in name of the Prelats,
(which are fully cleared in our answer made thereto) or else were long
since proponed by the Commissioner his Grace in his eleven articles
or demands sent unto us, before the indiction of the Assembly (and
so were satisfied by our answers, which his Grace acknowledged, by
promising after the recept thereof to procure a free generall Assembly,
with power to determine upon all questions, anent the members, manner,
and matters thereof) all which for avoiding tediousnesse we cease to
repeat: Or otherwise the said causes alleadged by the Commissioner,
were proponed by His Grace, in the Assemblie; such as first, that the
Assemblie refused to reade the Declinatour and Protestation exhibited
by the Prelats, which neverthelesse was publickly read and considered
by the assemblie, immediately after the election of a Moderatour and
constitution of the Members, before the which, there was no assemblie
established, to whom the same could have been read: Next, that ruling
Elders were permitted to have voice in the election of commissioners
from Presbyteries, which was knowne to His Grace, before the indiction
and meeting of the assembly, and is so agreeable to the acts and
practice of this Church, inviolably observed before the late times of
corruption, that not one of the assembly doubted thereof, to whom by
the indiction and promise of a free assembly, the determination of that
question, anent the members constituent propertie belonged.

And last, that the voices of the six Assessors, who did sit with His
Grace, were not asked and numbered, which we could not conceive to be
any just cause of offence, since after 39. Nationall assemblies of
this reformed church, where neither the Kings Majestie, nor any in his
name was present, at the humble and earnest desire of the assembly,
His Majestie graciously vouchsafed His presence either in His owne
Royall Person, or by a Commissioner, not for voting or multiplying of
voices, but as Princes and Emperours of old, in a Princely manner to
countenance that meeting, and to preside in it for externall order; and
if Wee had been honoured with His Majesties Personall presence, His
Majestie (according to the practice of King James of blessed memorie)
would have onely given his owne Judgement in voting of matters, and
would not have called others who had not been clothed with commission
from the church to carry things by pluralitie of voices.

Therefore in conscience of our duty to God and his truth, the King and
his honour, the Church and her liberties, this Kingdome and her peace,
this Assemblie and her freedome, to our selves and our safety, to our
Posterity, Persons and Estates, We professe with sorrowfull and heavie,
but loyall hearts, That We cannot dissolve this Assemblie, for the
reasons following.

1. For the reasons already printed anent the necessity of conveening
a Generall Assemblie, which are now more strong in this case, seeing
the Assemblie was already indicted by his Majesties authority, did
conveene, and is fully constitute in all the members thereof, according
to the Word of God, and discipline of this church, in the presence and
audience of his Majesties Commissioner; who hath really acknowledged
the same, by assisting therein seven dayes, and exhibition of His
Majesties Royall Declaration, to be registrate in the Bookes of this
Assemblie, which accordingly is done.

2. For the reasons contained in the former Protestations made in name
of the Noblemen, Barons, Burgesses, Ministers, and Commons, whereunto
We doe now iudicially adhere, as also unto the Confession of Faith &
covenant, subscribed and sworn by the Body of this Kingdome.

3. Because as We are obliged by the application and explication
subioyned necessarily to the Confession of Faith subscribed by Vs;
so the Kings Majestie, and his Commissioner, and Privie Councell,
have urged many of this Kingdome to subscribe the Confession of Faith
made in an. 1580. and 1590. and so to returne to the doctrine and
discipline of this Church, as it was then professed: But it is cleare
by the doctrine and discipline of this Church, contained in the book of
Policie then registrate in the books of Assemblie, & subscribed by the
Presbyteries of this Church; That it was most unlawfull in it selfe,
and preiudiciall to these privileges which Christ in his Word hath left
to his Church, to dissolve or breake up the Assemblie of this Church,
or to stop and stay their proceedings in constitution of Acts for the
welfare of the Church, or execution of discipline against offenders;
and so to make it appeare, that Religion and Church government should
depend absolutely upon the pleasure of the Prince.

4. Because there is no ground of pretence either by Act of Assemblie,
or Parliament, or any preceding practice, whereby the Kings Maiestie
may lawfully dissolve the Generall Assemblie of the Church of Scotland,
far lesse His Maiesties Commissioner, who by his commission hath
power to indict and keep it, _secundum legem & praxim_: But upon
the contrarie, His Majesties prerogative Royall, is declared by Act
of Parliament, to be no wayes preiudiciall to the priviledges and
liberties, which God hath granted to the spirituall office-bearers,
and meetings of this Church; which are most frequently ratified in
Parliaments, and especially in the last Parliament holden by His
Maiestie himself: which priviledges and liberties of the Church, his
Maiestie will never diminish or infringe, being bound to maintain the
same in integritie by solemn oath given at his Royal Coronation in this
Kingdome.

5. The Assemblies of this Church have still inioyed this freedome of
uninterrupted sitting, without or notwithstanding any contramand, as
is evident by all the Records thereof; and in speciall by the generall
Assembly holden in anno 1582. which being charged with letters of
Horning by the Kings Majestie his Commissioner and Councell, to stay
their processe against Master Robert Montgomerie, pretended Bishop
of Glasgow, or otherwise to dissolve and rise, did notwithstanding
shew their liberty and freedome, by continuing and sitting still, and
without any stay, going on in that processe against the said Master
Robert, to the finall end thereof: And thereafter by letter to his
Maiesty, did shew clearly, how far his Maiesty had been uninformed, and
upon misinformation, preiudged the prerogative of Jesus Christ, and the
liberties of this Church, and did inact and ordain, that none should
procure any such warrant or charge under the pain of excommunication.

6. Because now to dissolve, after so many supplications and complaints,
after so many reiterated promises, after our long attendance and
expectation, after so many references of processes from Presbyteries,
after the publick indiction of the Assembly, and the solemn Fast
appointed for the same, after frequent Convention, formall constitution
of the Assembly in all the members thereof, and seven dayes sitting,
were by this act to offend God, contemne the Subjects petitions,
deceive many of their conceived hopes of redresse of the calamities
of the Church and Kingdome, multiply the combustions of this Church,
and make every man despair hereafter ever to see Religion established,
Innovations removed, the Subiects complaint respected, or the
offenders punished with consent of authority, and so by casting the
Church loose and desolate, would abandon both to ruine.

7. It is most necessary to continue this Assembly for preveening the
prejudices which may ensue upon the pretence of two Covenants, whereas
indeed there is but one, That first subscribed in 1580. and 1590. being
a Nationall covenant and oath to God; which is lately renewed by Vs,
with that necessary explanation, which the corruptions introduced since
that time contrary to the same, inforced: which is also acknowledged
by the Act of councell in September last, declaring the same to be
subscribed, as it was meaned the time of the first subscription; And
therefore for removing that shame, and all prejudices which may follow
upon the show of two different covenants & confessions of Faith in
one Nation, The Assemblie cannot dissolve, before it trie, finde and
determine, that both these covenants, are but one and the self same
covenant: The latter renewed by us, agreeing to the true genuine sense
and meaning of the first, as it was subscribed in Anno 1580.

For these and many other reasons, We the Members of this assemblie,
in our owne name, and in the name of the Kirk of Scotland, whom We
represent; and We Noblemen, Barons, Gentlemen, Ministers, Burgesses,
and Commons before mentioned, doe solemnly declare in the presence of
the everliving God, and before all men; And protest,

1. That our thoughts are not guilty of anything which is not incumbent
to us, as good Christians towards God, and loyall Subjects towards our
sacred Soveraigne.

2. That all the Protestations generall or particular, proponed or to
be proponed by the commissioner his Grace, or the Prelats and their
adherents, may be presently discussed before this generall Assemblie,
being the highest Ecclesiasticall judicatorie of this Kingdome: and
that his Grace depart not till the same be done.

3. That the Lord commissioner depart not, till this Assemblie doe fully
settle the solide peace of this church, cognoscing and examining the
corruptions introduced upon the doctrine and discipline thereof: and
for attaining hereof, and removing all just exceptions which may be
taken at our proceedings, we attest GOD the searcher of all hearts,
that our intentions, and whole proceedings in this present assemblie,
have beene, are, and shall be according to the word of GOD, the
lawes and constitutions of this church, the confession of faith; our
nationall oath, and that measure of light, which GOD the father of
light shall grant us, and that in the sincerity of our hearts, without
any preoccupation or passion.

4. That if the Commissioner his Grace depart, and leave this church and
kingdome in this present disorder, and discharge this assemblie, that
it is both lawfull and necessary for Vs to sit still and continue in
keeping this present Assemblie, indicted by His Majestie, till we have
tryed, judged, censured all the bygone evils, and the introductors,
and provided a solide course for continuing Gods truth in this land
with purity and liberty, according to his Word, our oath and Confession
of Faith, and the lawfull constitutions of this Church; and that with
the grace of God, We and every one of Vs adhering hereunto, shall sit
still and continue in this Assembly, till after the finall setling and
conclusion of all matters, it be dissolved by common consent of all the
members thereof.

5. That this Assemblie is and should be esteemed and obeyed, as a
most lawfull, full and free generall Assembly of this Kingdome: And
that all acts, sentences, constitutions, censures and proceedings
of this Assemblie, are in the selfe, and should be reputed, obeyed,
and observed by all the Subjects of this Kingdome and members of
this Church, as the actions, sentences, constitutions, censures, and
proceedings of a full and free generall assembly of this Church of
Scotland, and to have all ready execution, under the Ecclesiasticall
paines contained, or to bee contained therein, and conforme thereto in
all points.

6. That whatsoever inconvenience fall out, by impeding, molesting, or
staying the free meeting, sitting, reasoning, or concluding of this
present assembly, in matters belonging to their judicatorie, by the
word of God, lawes and practice of this Church, and the Confession
of Faith, or in the observing and obeying the acts, ordinances and
conclusions thereof, or execution to follow thereupon, That the same
be not imputed unto us, or any of us, who most ardently desired the
concurrence of his Majesties Commissioner to this lawfull assembly;
But upon the contrary, that the Prelats and their adherents, who
have protested and declined this present assemblie, in conscience of
their owne guiltinesse, not daring to abide any legall tryall, and by
their misinformation have moved the Commissioner his Grace to depart
and discharge this assemblie, be esteemed, repute, and holden the
disturbers of the peace, and overthrowers of the liberties of the
Church, and guiltie of all the evils which shall follow hereupon, and
condignely censured according to the greatnesse of their fault, and
Acts of the Church and Realme: And to this end, Wee againe and again
doe by these presents cite and summon them, and everie one of them,
to compeere before this present generall assembly, to answer to the
premises, and to give in their reasons, defences, and answers against
the complaints given in, or to bee given in against them, and to heare
probation led, and sentence pronounced against them, and conforme to
our former cytations, and according to Iustice, with certification as
effeirs; Like as by these presents We summon and cyte all those of
his Majesties Councell, or any other, who have procured, consented,
subscribed, or ratified this present Proclamation to be responsable to
his Majesty and three Estates of Parliament, for their counsell given
in this matter, so highly importing his Majestie, and the whole Realme,
conforme to the 12. act. King James 4. Parliament 2. And protest for
remedy of law against them, and every one of them.

7. And lastly wee protest, that as we adhere to the former
protestations all and every one of them, made in the name of the
Noblemen, Barons, Gentlemen, Ministers, Burghes, and Commons; So seeing
wee are surprised by the Commissioner his Graces sudden departing,
farre contrary to his Majesties indiction, and our expectation, we
may extend this our protestation, and adde more reasons thereunto in
greater length and number, whereby wee may fully cleare before God and
man the equitie of our intentions, and lawfulnesse of our proceedings:
And upon the whole premises the foresaid persons for themselves and in
name aforesaid, asked Instruments. This was done in the high Church of
Glasgow in publike audience of the Assembly, begunne in presence of the
Commissioner his Grace, who removed and refused to heare the same to
the end, the twenty eighth day of November: and upon the Mercate Crosse
of Glasgow, the twentie ninth day of the said Moneth, the yeere of GOD
1638. respective.


1638.—November 30.

102. _Letter from Traquair to Hamilton._[130]

  Falkirk, Nov. 30th.

I could not find the Earl of Argyle yesterday at his own house; and
being unwilling to go from Glasgow before I saw him, I came to the Lord
Boyde’s lodging, where I was told he was, with the Lord Loudon and some
others. He resolves to stay still in Glasgow, some time at least; and
during his abode there, will haunt the assembly, and be careful to make
them go on in such a way as shall be justifiable.

The Service-book will be condemned in general, as repugnant to the
tenets of this church; episcopal government, as not agreeable to the
government thereof; and presently all the bishops of this kingdom are
condemned, and presently excommunicate.

The Lord Loudoun acknowledges one of the papers, your Grace produced
in the assembly, but the certificate refused; the same was required
of me, which at the kirk-yard entry I acknowledged and declared to be
such as became an honest man; for truly, if I should say otherwise, I
should deny truth and my own judgment. And if I should subscribe any
covenant or confession, which, in my judgment, excluded episcopacy or
episcopal government, I behoved to subscribe against the light of my
own conscience; and this I declared publicly, as I shall do while I
breathe.

This morning the Lairds Carberry, Nidrie, and Colintone, with John
Smith of Edinburgh, parted from this, about four in the morning, to
attend my coming to Edinburgh, for protesting against the proclamation;
which they expect at the cross of Edinburgh.

As your Grace shall be pleased to honour me with any of your
commandments, I shall not be wanting with the uttermost of my power;
and without consideration either of life or fortune, shall witness
myself to be

  Your, &c.
  TRAQUAIR.

       *       *       *       *       *


1638.—December 3.

103. _Letter from the Archbishop of Canterbury (Laud) to Hamilton._[131]

MY VERY GOOD LORD,

I received your Lordships Letters of Novemb. 27ᵗʰ, they came safe to
me on Decemb. 2ᵈ, after 8 at night. I was glad to see them short; but
their shortness is abundantly supplied by the length of two Letters,
one from the Lord Ross, and the other from the Dean. They have between
them made their word good to your Lordship, for they have sent me all
the passages from the beginning of the Assembly to the time of the Date
of their Letters: and this I will be bold to say, never were there more
gross absurdities, nor half so many, in so short a time, committed in
any Publick Meeting; and for a Nationall Assembly never did the Church
of Christ see the like.

Besides His Majesties Service in general, that Church is much beholding
to you, and so are the Bishops in their Persons and Callings: and
heartily sorry I am, that the People are so beyond your expression
furious, that you think it fit to send the two Bishops from Glasgow
to Hamilton; and much more that you should doubt your own safety. My
Lord, God bless your Grace with Life and Health to see this Business
at a good end, for certainly, as I see the face of things now, there
will very much depend upon it, and more than I think fit to express in
Letters; nay perhaps, more than I can well express if I would.

I am as sorry as your Grace can be that the Kings Preparations can make
no more haste. I hope you think (for truth it is) I have called upon
His Majesty, and by His Command upon some others, to hasten all that
may be, and more than this I cannot doe; but I am glad to read in your
Letters that you have written at length to His Majesty, that you may
receive from himself a punctual Answer to all necessary particulars:
and I am presently going to him to persuade him to write largely to
you, that you may not be in the dark for any thing.

But (my Lord) to meet with it again in your Letters, that you cannot
tell whether this may be your Last Letter, and that therefore you have
disclosed the very thoughts of your Heart, doth mightily trouble me:
but I trust in God, he will preserve you, and by your great Patience,
Wisdom, and Industry, set His Majesties Affairs (to your great Honour)
in a right posture once again; which if I might live to see, I would be
glad to sing my _Nunc dimittis_.

I pray (my Lord) accept my thanks for the poor Clergie there, and
particularly for the Bishop of Ross, who protests himself most
infinitely obliged to you.

I heartily pray your Lordship to thank both the Bishop of Ross and the
Dean for their kind Letters, and the full account they have given me;
but there is no particular that requires an Answer in either of them,
saving that I find in the Deans Letter, that Mr Alex. Henderson, who
went all this while for a quiet and calm-spirited man, hath shewed
himself a most violent and passionate man, and a Moderator without
Moderation. Truly (my Lord) never did I see any man of that humour yet,
but he was deep-dyed in some violence or other, and it would have been
a wonder to me if Henderson had held free. Good my Lord, since you are
good in the active part, in the commixture of Wisdom and Patience,
hold it out till the People may see the Violence and Injustice of them
that would be their Leaders, and suffer not a Rupture till there be no
Remedy. God bless you in all your ways, which is the daily prayer of

  Your Lordships most faithful Friend,
  and humble Servant,
  W. CANT.

  Lambeth, 3 Decemb. 1638.

       *       *       *       *       *


1638.—December 7.

104. _Letter from the King to Hamilton._[132]

HAMILTON,

I never expected other than that you would have too just grounds to
dissolve this Assembly; and certainly I were very unjust if I did not
approve you therein, since not onely your Instructions warrant you the
same, but even the Council hath testified to me the Necessity of it.
And now I shall lay before you some Considerations; in the first place
to take care, that your coming away do not cast things so loose, that
the honest men of my Party do believe that you leave them as in a case
desperate, or at least, that by your Absence they be denuded of Advice
and Protection: therefore I hope before you come up you will take so
good order, that your Absence do neither dishearten, nor prejudice
my Party. As for my Preparations, I doubt not but ere this you have
had a full account by your Cousin Sir James, whereby you find that
I shall not be able to shew my self like my self before February or
March; wherefore I lay it to your Consideration, whether it were not
fit to give hopes that the Parliament shall hold, (notwithstanding all
the impertinencies of this last Assembly) so that their Follies break
not out into open Acts of Rebellious Violences: and really I will not
say, but (that things may be so prepared) it may be fitting that it
should hold. To conclude, I hope you do not conceive, that the Date
of your Commissionership is out; wherefore I expect that (if you find
cause) you send out Commissions of Lieutenantries to Huntley for the
North, and to Traquair or Roxburgh, either joyntly or severally, (as
you shall find most fit) for the South: yet all as subaltern to you.
This I confess is not to be done but upon great necessity, of which I
leave you (as upon the place) to be Judge, (being abundantly satisfied
of your zeal and dexterity to serve me) as I do of all that I have now
written: and so I rest

  Your assured constant Friend,
  CHARLES R.

  Whitehall,
  7 Dec. 1638.

       *       *       *       *       *

1638.—December 7.

105. _Letter from the Archbishop of Canterbury to Hamilton._[133]

MY VERY GOOD LORD,

I received your Letters of the second of December upon the sixth of the
same at night, and could not speak with His Majesty till this day. This
day I did, and shewed him your Letters and the Deans; and I read to him
more than the later half of all the long Discourse which the Dean wrote
unto me, for his Majesty was very desirous to know what occasion you
took to dissolve the Synod, and how you prosecuted it; in both which
that Paper gave him great satisfaction.

With your Letters I have received three other Papers, that which shews
you have keeped within your Instructions, the Copy of the Proclamation
which dissolves the Assembly, and a Copy of the Councils Letter to the
King; both which His Majesty takes to be very good Service done for
him, and commands me to give your Grace thanks in his Name, which I am
very glad to doe, and I doe it heartily.

For the Earl of Argyle I can say no more than I have already, though
now I know him more perfectly than I did. Your Resolution was to put
him from the Council-Table, if he refused the Kings Covenant; he hath
now deserved it more, but whether it be a fit time as yet to proceed
so far, I dare not determine here. This I am sure of, if he do now
publickly adhere to the Covenant and the Assembly, nay be the professed
Head of the Covenant, (as the Dean calls him,) yet he will have much
ado to look right upon that, who ever looked asquint upon the Kings
business.

Concerning your coming up to Court, I am glad I find His Majesty in
that Opinion which I cannot chuse but be of, that is, to leave it to
your self, and your own Judgment upon the place, whether it be fitter
for you to come or stay: for the truth is, my Lord, in my poor Judgment
the King must needs leave this to your self, or discern himself; for
if he bids you come, you will not stay; and if he would have you stay,
you will not come: but whether it be fittest to come or stay cannot
be prudently judged here, therefore (my Lord) doe that which shall be
best approved there for His Majesties Service. And as much as I desire
to see you, I will be bold to adde this, that I hope you will not stir
to come thence, till you have so settled the Country, or at least the
Kings Party there, as that you may be sure they may be safe, till
farther course for Security may be taken: for I do not know how much it
may dishearten them if your Grace come away from them too soon.

In tender care of His Majesties both Safety and Honour, I have done and
do daily call upon him for his Preparations. He protests he makes all
the haste he can, and I believe him; but the jealousies of giving the
Covenanters umbrage too soon, have made Preparations here so late. I
doe all I can here with trouble and sorrow enough.

Here is News that three Ships-full more of Arms are come to Leith from
Poland; whence have they money to buy all this? If this be true, the
King of Poland hath watched a shrewd opportunity to quit the King for
the late neglect of his Ambassadour. And that which troubles me not a
little is, that the Kings Party there (I doubt) is not half so well
provided of Arms as the Covenanters are.

For the Money you mention, I wish with all my heart you had received
it, for at the rising of the Assembly most miserable will be the
Condition of them who have faithfully served God and the King. I have
now again put it to the King, and he sees enough, but cannot well tell
how to help it; yet this he said, If he could possibly scrape so much
together, it should be had.

I pray be pleased to thank the Dean for his great pains, though it
cost me the sitting up some part of the night to read it. His Letter,
beside that Discourse, contains but two things, The necessity of a
present shew of Force against the rising of the Assembly, before men be
urged to new Confederacies, and Subscriptions to all things determined
in this Assembly; The other, that some care may be had for the poor
Ministers, who will be put to the greatest sufferings, and all for God
and the King. And to these two I have said as much as I can, and shall
daily labour with the King to doe all that may be done for them. I pray
God bless your Lordship, but I am infinitely sorry so much Grace and
Goodness of the Kings should be no better received. To Gods blessed
Protection I leave you, and all your Endeavours, and shall ever shew my
self

  Your Graces most faithful Friend,
  and humble Servant,
  W. CANT.
  Whitehall, Decemb. 7. 1638.

       *       *       *       *       *

1638.—December 8.

106. _Proclamation by the King._[134]

CHARLES, By the grace of GOD, King of SCOTLAND, ENGLAND, FRANCE,
and IRELAND, Defender of the FAYTH, To Our Lovits, _______________
Herauldes, Pursevantes: Our Shyreffs in that part, conjunctlie,
and severallie, speciallie constitute, Greeting. WHERE-AS, for the
removing of the Disorders, which haue happened of late within this
Kingdome; And, for settling of a perfect Peace in the Church, and
Common-wealth there-of, WEE were pleased, to call and indict A FREE
GENERALL ASSEMBLIE to bee holden at GLASGOW, the xxj day of November
last; And for Our Subjects their better content and assurance, that
they should bee freed of such thinges as by their Petitions and
Supplications given in to the Lordes of Our Privie Councell, they
seemed to be grieved at, WEE, in some sort, prevented the Assemblie,
by discharging, by Our Proclamation, the Service-Booke, Booke of
Canons, and High Commission, freed and liberate all Our Subjectes,
from practising of the fiue Articles, exeemed all Ministers at their
entrie, from giving anie other Oath, than that which is contayned in
the Act of Parliament; Made all persons, both Ecclesiasticall and
Civill, lyable to the Censure of Parliament, Generall Assemblie, or
anie other Iudicatorie competent, according to the nature of their
Offence; Had declared all by-gone Disorders absolutelie forgotten,
and forgiven: And last; For securing to all Posteritie, the Trueth,
and Libertie of RELIGION, did command the Confession of Fayth, and
Band for mayntenance thereof, and of Authoritie in defence of the
same, subscrybed by Our deare Father, and his Householde, in ANNO
1580, to bee renewed, and subscrybed agayne by Our Subjectes heere.
And, albeit that this Our Gracious and Pious Commaund, instead of
Obedience and Submission, rancountred open and publicke Opposition and
Protestation agaynst the same; And that they continued their daylie
and hourlie guarding and watching our Castle of Edinburgh, suffering
nothing to bee imported there-in, but at their discretion: stopping
and impeding anie importation of Ammunition, or other Necessaries
what-so-ever, to anie of Our Houses within this Kingdome: Denying
to Us their Soveraygne Lord, that Libertie and Freedome, which the
meanest of them assumed to themselues, (an Act without precedent or
example in the Christian World:) Lyke as they spared not, boldlie
and openlie to continue their Conventions, and Councell-Tables, of
Nobilitie, Gentrie, Ministers, and Burgesses, within the Citie of
Edinburgh: Where, not regarding the Lawes of the Kingdome, without
warrand of Authoritie, they conveaned, assembled, and treated vpon
Matters as well Ecclesiasticall as Civill, Sent their Injunctions and
Directions throughout the Countrey, to their subordinate Tables, and
other vnder Ministers appoynted by them for that effect: And, vnder
colour and pretext of Religion, exercising an vnwarranded Libertie,
requyred obedience to their vnlawfull and illegall Directions, to the
seene prejudice of Authoritie, and lawfull Monarchicall Governament.
And not-with-standing it was evidentlie manifest, by the illegall
and vnformall Course taken in the Election of the Commissioners for
the Assemblie; whereof some of them were vnder the Censure of this
Church, some vnder the Censure of the Church of Ireland, some long
since banished, for avowed teaching agaynst Monarchie: others of them
suspended, and some admitted to the Ministerie, contrarie to the forme
prescrybed by the Lawes of this Kingdome: others of them Rebells,
and at the Horne: some of them confined, and all of them by Oath and
Subscription, bound to the overthrowe of Episcopall Government. And by
this, and others their Under-hand-working, and private Informations,
and perswasions, had given just ground of Suspicion of their
Partialitie; and so made themselues vnfit Iudges of what concerneth
Episcopacie. And als, albeit it was sufficientlie cleared, by the
peremptorie and illegall Procedures of the Presbyteries, who at their
owne hand, and by order of Lawe, and without due forme of Processe,
thrust out Moderators lawfullie established, and placed others, whome
they found moste inclynable to their turbulent Humoures, associate
to themselues, for choosing of the Commissioners to the Assemblie, a
Laicke Elder out of each Parioch; who beeing in moste places equall,
if not moe in number than the Ministerie, made choyse both of the
Ministers who should bee Commissioners, from the Presbyteries, as
also of a Laicke Elder, (which in tyme will proue to bee a dangerous
Consequence, and import an heavie Burden to the Libertie of the
Church, and Church-men) beeing more directed therein, by the Warandes
of the foresayde pretended Tables, than by their owne judgementes; as
appeared by the severall Instructions sent from them, (farre contrarie
to the Lawes of this Countrey, and lowable custome of this Church)
some whereof were produced, and exhibit by Our Commissioner, and
publicklie read: One whereof directed to the Noble-men and Barons of
each Presbyterie, doeth amongst manie other odde passages, require
Diligence; lest (say they) by our owne Sillinesse and Treacherie,
wee lose so fayre an occasion of our Libertie, both Christian and
Civill. A strange phrase, to proceede from duetifull or loyall-hearted
Subjectes! The other, to the Moderators of severall Presbyteries,
vnder the Title of Private Instructions, August 27, contayning, first,
That these Private Instructions shall bee discovered to none, but to
Brethren well-affected to the Cause. 2. Order must be taken, that none
be chosen Ruling-Elders, but Covenanters, and these well-affected to
the Businesse. 3. That where the Minister is not well-affected, the
Ruling Elder bee chosen by the Commissioners of the Shyre, and spoken
vnto particularlie for that effect. 4. That they bee carefull, that no
Chappell-men, Chapter-men, or a Minister Iustice of Peace bee chosen,
although Covenanters, except they haue publicklie renounced or declared
the vnlawfullnesse of their Places. 5. That the Ruling Elders, come
from everie Church, in equall number with the Ministers. And if the
Minister oppose, to put themselues in possession, notwithstanding
of anie opposition. 6. That the Commissioner of the Shyre, cause
conveane before him the Ruling Elder of everie Church, chosen before
the day of the Election, and injoyne them, vpon their Oath, That
they giue voyce to none, but to those who are named alreadie at the
Meeting of Edinburgh. 7. That where there is a Noble-man in the
boundes of the Presbyterie, hee bee chosen: and where there is none,
there bee chosen a Baron, or one of the best Qualitie; and he only a
Covenanter. 8. That the ablest man in everie Presbyterie bee provided
to dispute, _De potestate supremi Magistratus in Ecclesiasticis
præsertim inconvocandis Conciliis_, &c. Whereby it is moste evident,
what Prelimitations, and indirect and partiall Courses, and dangerous
Propositions, haue bene vsed in the Preparations and Elections to
this pretended Assemblie. By which vnlawfull doinges, altho Wee had
sufficient reason, to haue discharged the Meeting of the Assemblie,
yet We pleased patientlie to attende the same: Still hoping, that
when they were met together, by the presence of Our Commissioner, and
assistance of some well-affected Subjectes, who were to bee there,
and by their owne seeing the reall performance of what was promised
by Our Proclamation, they should haue beene moved to returne to the
due obedience of Subjects. But when Wee perceaved, that ther turbulent
Dispositions did increase, as was manifest by their repairing to the
sayde pretended Assemblie, with great Troups and Bands of Men, all
boden in feare of Warre, with Gunnes and Pistolls, contrarie to the
Laws of this Kingdome, and in high contempt of Our Proclamation at
Edinburgh, the xvj of November last. As also by their peremptorie
refusing to the Assessoures authorized by US, (altho fewer in number
than our dearest Father was in vse to haue) the power of Voting in this
Assemblie, as formerlie they had done in all others: openlie averring,
That Wee nor Our Commissioner had no farther power there, than the
meanest Commissioner of their number: and by their partiall and vnjust
refusing, and not suffering to bee read, the Reasons and Argumentes
given in by the Bishops, and their Adherentes, to Our Commissioner,
why they ought not to proceede to the Election of a Moderator, neyther
yet to the trying and admitting of the Commissioners, before they
were heard, tho in Our Name they were earnestly requested therevnto
by Our Commissioner. And not-with-standing that Our Commissioner, by
Warrand from Us, gaue in vnder his hand, a sufficient Declaration of
all that was contayned in Our late Proclamation: Bearing lykewyse Our
Pleasure, of the Registration of the same in the Bookes of Assemblie,
for full assurance of the Trueth and Libertie of Religion, to all
Our good Subjectes; as doeth clearlie appeare by the Declaration it
selfe, where-of the Tenour followeth: THE KING’S MAIESTIE beeing
informed, That manie of his good Subjectes haue apprehended, that
by the introducing of the Service-Booke, and Booke of Canons, the
inbringing of Superstition hath beene intended, hath beene graciouslie
pleased to discharge; Lyke as by These hee doeth discharge the
Service Booke, and Booke of Canons, and the practise of them, and
eyther of them; and annulleth and rescindeth all Actes of Councell,
Proclamations, and other Actes and Deedes whatsoever that haue beene
made, or published, for establishing of them, or eyther of them; and
declareth the same to bee null, and to haue no force, nor effect,
in tyme comming. THE KING’S MAIESTIE, as hee conceaved for the ease
and benefite of the Subjects, established the High Commission, that
thereby Iustice might bee administrate, and the faultes and erroures
of such persons as are made lyable therevnto, taken order with, and
punished, with the more conveniencie, and lesse trouble to the people:
But finding his gracious intention therein to bee mistaken, hath beene
pleased to discharge, Lyke as by These hee doeth discharge the same,
and all Actes and Deedes whatsoever made for establishing thereof.
AND, The King’s Majestie beeing informed, That the vrging of the fiue
Articles of Pearth Assemblie, hath bred Distraction in the CHURCH
and ESTATE, hath beene graciouslie pleased, to take the same to his
Royall Consideration; and, for the Quyet and Peace of his Countrey,
hath not onlie dispensed with the practise of the saydes Articles; But
also discharged all and whatsoever persons, from vrging the practise
thereof, vpon eyther Laicke or Ecclesiaticall person whatsoever; And
hath fred all his Subjectes, from all Censures and Paynes, whether
Ecclesiasticall or Secular, for not vrging, practising, or obeying
them, or anie of them, notwithstanding of aniething contayned in the
Actes of Parliament, or Generall Assemblie, to the contrarie. AND,
His Majestie is farther contented, That the Assemblie take the same
so farre to their Consideration, as to represent it vnto the next
Parliament; there to bee ratified, as the Estates shall bee found
fitting. AND, Because it hath beene pretended, That Oathes haue beene
administrated different from that which is set downe in the Actes of
Parliament, his Majesty is pleased to declare by mee, That no other
Oath shall be required of anie Minister at his Entrie, than that which
is set downe in the Act of Parliament. AND, That it may appeare howe
carefull his Majestie is, that no Corruption, or Innovation, shall
creepe into this Church, nether yet anie Scandall, Vyce, or Fault, of
anie person whatsoever, censurable or punishable by the Assemblie, goe
long vnpunished. HIS MAIESTIE is content to declare by mee; and assure
all his good People, That Generall Assemblies shall bee kept so oft,
and alse oft, as the Effayres of this Church shall requyre. AND, That
none of his good Subjectes may haue cause of Grievances agaynst the
Proceedinges of the Prelates, HIS MAIESTIE is contented, That all and
everie one of the present Bishops, and their Successoures, shall bee
aunawerable, and accordinglie from tyme to tyme, censurable, according
to their merites, by the Generall Assemblie. AND, To giue all his
Majestie’s good People full assurance, that hee never intended to admit
anie Alteration, or Change, in the True Religion, professed within this
Kingdome; AND, That they may bee truelie and fullie satisfied, of the
Realitie of His Intentions, and integritie of the same, His Majestie
hath beene pleased, to requyre and commaund all his good Subjectes, to
subscrybe the Confession of Fayth, and Band for mayntenance there-of,
and Of His Majestie’s Person, and Authoritie, formerlie signed by his
deare Father, in Anno 1580; And nowe also requyreth all these of this
present Assemblie, to subscrybe the same. AND, It is His Majesties
will, That this bee insert and registrat in the Books of Assemblie,
as a Testimoniall to Posteritie, not onelie of the sinceritie of his
Intentions to the sayd True Religion, but also of His Resolution, to
mayntayne and defend the same, and His Subjectes, in the Profession
there-of. Which Declaration was by Our speciall Commaund and Direction
given in, and subscrybed by Our Commissioner, vpon Protestation made
by him, That his assenting to the registrating heere-of, should bee
no Approbation of the lawfulnesse of this Assemblie, nor of anie of
the Actes or Deedes done or to bee done therein. And finding them in
lyke sort, nowayes to be satisfied therewith, and that nothing else
was able to giue them content, except at their owne pleasure they were
permitted to overthrowe all Episcopall Government in the Church, and
thereby to abrogate Our publicke Lawes standing in vigour, by the space
of manie yeares by-gone, and to alter the fundamentall Governament of
this Kingdome, in taking away one of three Estates, contrarie expresse
Actes of Parliament. And lest the continuance of their meetings,
might haue produced other the lyke dangerous Actes so derogatorie to
Royall Authoritie; Wee were forced for preveaning thereof, and for the
causes and reasons aboue mentioned, and dyverse others importing true
Monarchicall Governament, to dissolue and breake vp the sayde pretended
Assemblie, and to discharge them of all farther meeting, treating, or
concluding of anie thing therein: And yet in that calme and peaceable
way, as our Commissioner before his removing desired their pretended
Moderator for that tyme, to haue sayde Prayer, and so concluded that
dayes Session; that so they might haue had tyme to thinke vpon the
just reasons of his refusing, to assist or bee anie longer present
at the sayde pretended Assemblie; and of the causes moving Us to the
dissolving thereof. And notwithstanding his earnest vrging the same,
and being willing to returne the next Morne to heare their Answere,
in place of all other satisfaction to his so reasonable and moderate
desires, was refused, and met with a Protestation, of an high and
extraordinarie strayne: Thereby presuming to sute and call our Counsell
in question, for their duetifull assistance, and obedience vnto Us, and
Our Commissioner. And finding their disobedience thus to increasse, Wee
were constrayed to discharge them anewe agayne the next day thereafter,
by publicke Proclamation, vnder the Payne of Treason. And albeit that
their continuance is such, as hath not beene heard in former tymes
yet they shall never moue Us, to alter the least poynt or Article of
what Wee haue alredie declared by Proclamation, or Declaration vnder
Our Commissioner’s hand: All which was publicklie read, and by our
Commissioner requyred to bee insert and registrated in the Bookes
of Assemblie, therein to remayne as a Testimonie to Posteritie; not
onlie of the sinceritie of Our Intentions to the true Religion; but
also of Our Resolution, to mayntayne and defende the same, and Our
Subjectes, in the Profession thereof. AND perceaving lykewyse, That
in contempt of OUR PROCLAMATION at GLASGOW, the xxix of November last,
they goe still on, to conveane, meete, and to make illegall and
vnwarrandable Actes, WEE haue conceaved it fitting, to forewarne all
Our good Subjectes, of the Daunger that they may incurre, by beeing
insnared by these their vnlawfull Procedures: And, to this purpose,
doe not onelie liberate and free them, from all obedience to anie
of the pretended Actes made, or to bee made, at the sayde pretended
Assemblie, or Committees direct therefrae: but also doe free them
from all Payne and Censure which the sayde pretended Assemblie shall
inflict vpon them, or anie of them: AND, THEREFORE, Doe discharge, and
prohibite, all Our Subjectes, That they, nor none of them, acknowledge,
or gieue obedience, to anie pretended Actes, or Constitutions, made,
or to bee made, at the sayd pretended Meetinges, vnder all highest
Paynes. AND, WEE commaund, charge, and inhibite, all Presbyteries,
Sessions of Churches, and Ministers, within this Realme, That none of
them presume, nor take vpon hand, privatelie, nor publicklie, in their
Sessions and Meetings, nor in their Conferences, Sermones, nor none
other manner of waye, to authorize, approue, justifie, or allowe, the
sayde vnlawfull Meeting, or Assemblie, at GLASGOW, nor yet to make
anie Act thereupon, nor to doe any other thing, private, or publicke,
which may seeme to countenance the sayde vnlawfull Assemblie, vnder the
Payne, to bee holden, reputed, and esteemed, and persued, as guiltie
of that vnlawfull Meeting, and to bee punished for the same, with all
Rigour. AND SUCH-LYKE, WEE commaund all and sundrie Noble-men, Barrons,
Gentle-men, and Magistrates, and all others, Our Liedges, who shall
happen to bee present, and heare anie Ministers, eyther in publicke or
private Conferences and Speeches, or in their Sermones, to approue, and
allowe, the sayde vnlawfull Assemblie, to rayle, or vtter anie speaches
agaynst Our Royall Commandementes, or Proceedinges of Us, or our
Counsell, for punishing or suppressing such enormities; That they make
relation, and report thereof, vnto Our Counsell, and furnish probation;
to the effect the same may bee accordinglie punished; as they will
aunswere to US thereupon: Certifying them, who shall heare, and
conceale the sayde speaches, that they shall bee esteemed as Allowers
of the same, and shall accordinglie bee taken order with, and punished
therefore, without favour. AND, To this effect, WEE lykewyse straytlie
charge, and commaund, all Iudges whatsoever within this Realme,
Clerks, and Wryters, not to graunt or passe anie Bill, Summonds, or
Letters, or anie other Execution whatsoever, vpon anie Act or Deed
proceeding from the sayde pretended Assemblie; AND all Keepers of the
SIGNET, from signetting thereof, & that vnder all highest Paynes. AND,
Because Wee gaue Order and Commaund, to Our Commissioner, to make open
Proclamation, not onlie of Our Sense, but even of the true meaning of
the Confession of Fayth in Anno 1580; by which it may clearlie appeare,
That as Wee never intended thereby to exclude EPISCOPACIE; So by no
right construction can it bee other wayes interpreted; as is more
than evident by the Reasons contayned in the sayde Declaration, and
manie moe, which for brevitie (the thing in it selfe beeing so cleare)
are omitted. HEREFORE, WEE doe not onelie prohibite, and discharge,
all Our Subjectes, from subscrybing anie band, or giving anie Writ,
Subscription, or Oath, to or vpon anie Act or Deed, that proceedeth
from the sayde pretended Assemblie: but also doe requyre them, Not
to subscrybe nor sweare the sayd Confession, in no other sense, than
which is contayned in the sayd Declaration, manifested and emitted
by Our Commissioner, vnder all highest Paynes. AND, That none of Our
good Subjectes, who in their duetie and bound obedience to US, shall
refuse to acknowledge the sayd pretended Assemblie, or anie of the
pretended Actes, Constitutions, Warrandes, or Directions, proceeding
therefrae, may haue just ground of feare of danger or harme by doing
hereof, WEE doe by These promise, AND, UPON THE WORD OF A KING,
Obliedge Our Selues, By all the Roall Authoritie and Power wherewith
GOD hath endewed US, To protect and defend them, and everie one of
them, in their Persons, Fortunes, and Goods, agaynst all and whatsoever
person or persons, who shall dare or presume, to call in question,
trouble, or anie wayes molest them, or anie of them, therefore. AND,
OUR WILL IS, And WEE commaund, and charge, That incontinent, these
Our Letters seene, yee passe, and make publication heereof, by open
Proclamation, at the Mercat Crosse of EDINBVRGH, and others places
needfull; Where-through none pretend ignorance of the same. Given from
Our Court at WHYTE-HALL, the viij day of December, and of Our Reygne
the fourteenth yeare, 1638.

       *       *       *       *       *

1638.—December 20.


107. _A Letter from the Generall Assembly at Glasgow to the Marques of
Hamilton._[135]

MOST NOBLE LORD,

Having beene witnesses of the loyall and regall proceedings at the last
assembly at Glasgow, qʳ we know a humble supplication was appointed
to be sent to his graceous Ma., in thankfull acknowledgement of the
benefites qᶜʰ, by the indiction of that Generall Assembly, from his Ma.
pietie and justice, doth redound to all his subjects, and for humble
supplicating his Ma. to continow in his gracious resolution to performe
his royall promise, in holding the Parliament indicted, from his owne
bountie and goodnes, for ratifieing the acts and constitutions of that
Assembly; as the same hath comfortablie refresched his Ma. loyall
subjects, so will they be able to justifie themselves to any impartiall
reader. Therefore we are bold to intreat your Lo. that, by your favour,
our petition may have accesse to his Ma. royall hands, and unfolding
your Lo. judgement, impartiallie to receave the simple trueth, his
Ma. may have better seasoned informations of his loyall and faithfull
subjects’ proceedings, then can be expected from the enemies of this
Church and State, among quhom we shall be verie sorie to reckon your
Lo., tho’ we have too good reason to suspect your Lo. carriage here,
in opposing the most reasonable motions, and justest actions, qᶜʰ did
proceed from ws, quhensoever your Lo. perceaved any of our just demands
in the least measure to be any waves dissonant from his Ma. pleasure.
But quhen we remember your Lo. best arguments ever to have beene more
for satisfieing of his Ma. desires, (oft tymes proceeding from the
Sinistrous information and Calumnies of our enemies, for their owne
ends,) then any other ground or reason quhilk we could find, we are
confident, as your Lordship loves both his Majesties honour, persone,
and authoritie, that yow give reall proofe of it at this tyme, both by
your Lordships meanes, who hes taken so great and insatiable paines in
this bussinesse, his Ma. may know the trueth of our proceedings, that
neither of these may run hazard in our sufferings. We acknowledge it
not to be the leist of our evills, indeed, that our graceous Soveraigne
lives at such distance; for, be the fountaine never so pure, the
streames may, and oft tymes are, corrupted, before they can run so
farr, if the channell be not verie cleane, qwhich, to our great greefe
and prejudice, hes beene wanting to our actions this long tyme; and
if it be not supplied tymouslie by your Lo., both out of your duetie
to our King and Countrie, we may, by interposition of our adversaries
malice and power, as ecclipsed from the beames of his Ma. favour, be
the first sufferers. But his Ma. cannot but find his owne losse, by
sympathising with his loyall subjects in the so much threatned ruine
of this his native and antient Kingdome; and we will never beleive
that such thought can possesse the heart of so gracious a King, But
are confident, when the trueth of all out actions shall, without any
by respect, (as we take God to witnesse, we had no other end but for
his divine glory, and the honour of our King,) be made knowne, and
pondered in the ballance of his Ma. righteous judgement, our fidelitie
and loyaltie shall appeare; and his Ma. gracious dealing, in adding the
Sanction of his royall auctoritie and Civill law, by Parliament, for
corroborating the religious constitutions of that late and most lawfull
nationall Assembly of this Kirk, will be a most evident demonstration
of his Majesties pietie and justice to the discoverie of his secrete
enemies, the comfort of all his loyall subjects, and his Majesties
never dieing glorie; for all quhich ends, and for expressing our duetie
and obedient respect to his Majestie, we could excogitat nothing more
conduceable then, by that humble supplication, heartilie to acknowledge
our thankfulnes for the effects of his foregone favour and bountie, and
humblie to crave that his Majestie may, for establishment of religion,
joyne the authoritie of Civill law, as the strongest bond of our
obedience; and we hope that your Lordships affection to religion, your
countrie, and your respect to his Majesties honour, and the equitie of
our desires in a bussines deserving the greatest, and beseeming the
best affected, instruments, will be sufficient motives to make your
Lordship contribute your best endeavours for settling such a solide
peace in this Kirke and Kingdome, as may preserve that love and heartie
obedience dew to his Majestie; qᶜʰ is and shall be the sincear and
earnest desire of

Your Lordships humble Servants.

       *       *       *       *       *




  =Report of Proceedings=
  OF THE
  GENERAL ASSEMBLY AT GLASGOW, 1638.


Having, in the foregoing pages, given an account of the occurrences
which preceded this memorable Assembly, and reprinted front the
authentic edition, the principal Acts which it passed; and, having
superadded thereto, an abstract of various proceedings not embraced
in any copies of those Acts hitherto published, as well as an ample
collection of historical documents therewith connected, we shall
further add to these particulars, a detailed Report of the whole of the
discussions that took place from the first meeting on 21st November to
the dissolution of it on 20th December 1638.

For the valuable MS. whence this Report is taken, we are indebted to
the politeness and liberality of Mr J. Smith, youngest, of Glasgow. It
forms a portion of a volume of MS.S. belonging to Stirling’s Library in
that city, which also contains a similar report of the proceedings in
the subsequent Assembly of 1639, and various other curious documents
relative to that period of the Church’s history. The hand-writing
may be referred to the period of the Assembly, or the middle of the
seventeenth century; and from several markings on the volume, in the
handwriting of Wodrow, which is well known, it appears to have at
one time formed a part of his valuable collection of historical and
ecclesiastical records. The volume may be referred to as “The Folio
Manuscript.” Of its subsequent history we have no information; but from
all its characteristics we consider ourselves warranted to assume that
it possesses a high degree of authenticity. The volume referred to is
marked “Stirling’s Public Library, c. i. 11,” and in the index prefixed
there are the following items:—

“_Imprimis_—a Collection of Petitions, Remonstrances, Narrationes,
Speeches, and other peapers, published in the beginning of our troubles
in 1636, out of which may be gathered a perfect historie, yʳ of—from
folio 1 to 94.”

“_Item_—the Sessions, Actings, and Canons of the 2 Genˡˡ Assemblies
holden att Glasgow & Edinburgh, the one in 1638, yᵉ oyʳ in 1639,
containing att great length everie thinge that past, ather spoken or
done yʳ in: This takes up till folio 312.”

It is from the record thus described that the following report is
extracted.

Before the MS. which we have adopted had come into our hands, Mr David
Laing, librarian of the Writers to the Signet, had kindly communicated
another and similar report, but wanting several leaves both at the
beginning and end; and we were in hopes ere now to have had also in
our possession a third MS. belonging to Mr Simpson, schoolmaster of
Corstorphine, from which Dr Aiton states he took his account of the
Assembly 1638, that is given in his Life of Henderson. Circumstances,
however, have occurred to prevent this; but we are enabled, on the
authority of Professor Fleming, of Glasgow College, who has collated
these MS.S., to say that it coincides entirely with the Stirling’s
Library Copy. Mr Laing’s copy seems to have at one time belonged to
Dr Boog of Paisley: Mr Simpson’s was found in the repositories of a
deceased brother, who was a preacher of the Secession communion; but
we have not been able to learn any further particulars than those now
mentioned, with respect to the several MS.S. referred to. The one which
we subjoin, however, and the other documents that we have collected,
will, we trust, render the present, on the whole, the most complete
account of the Glasgow Assembly which has ever yet been published.

In addition to the documents contained in the “Large Declaration,”
“Burnet’s Memoires of the House of Hamilton,” and “Balfour’s Annales,”
we have to acknowledge the accession which we have obtained of some
of the earlier edicts of Charles I. and the Scotch Privy Council,
derived from the original record—an obligation which we owe to Mr A.
M‘Donald of the Register House, and which we prize the more, because
these documents have been _suppressed_ in the various works to which
we refer. To the Rev. Mr M‘Crie, too, we are indebted for the use of a
Collection of Documents which belonged to his distinguished father,
from whence we have gleaned several important writs, the authenticity
of which is established by the duplicates attested under the hand
of Archibald Johnston, the Clerk of the Assembly 1638, still in the
repositories of the Church.

       *       *       *       *       *

[November 21, 1638.]

The first day, the Commissioners from the King and Kirke being
conveined, after prayer be Mr John Bell, Moderatour, agried upon
till a moderatour was chosen, The King’s Commission to the Marqueis
was [read], next the Commissions from 66 severall presbitries wer
given into the Clerkes sone of the former Assembly, together with
the Commissions from townes and colledges, and the names of the
Commissioners red.


Sess. 1.[136]

After in calling vpon the name of God, The Kings Commissioner requyred
that the Commissions might be examined before a Moderatour should be
chosen, least some men should voit in chooseing a Moderatour, who wer
not instructed with a sufficient Commission.

It was answered be the Earle of Rothes, Lord Loudoun, Mr Alexʳ
Henrysone, Mr David Dick, and Mr Wᵐ Livingstoun, that a Moderatour
behoved first to be chosen, before the Commissions could be examined,
for thir reasons:—A Ecclesiasticall Moderatour should be chosen by the
suffrage of such as have given in their Commissions for the Kirke and
Burghes before particulars can be tryed—first, becaus this is the order
and practise of the Kirke of Scotland. 2 reason, It is agrieable to
reason, that the Assembly should descend by degries to the constitution
from a promiscuous convention, to a number instructed with commissions
from the severall Kirkes of the kingdome, vnto whose commission that
much respect is due, that they may be presumed to be, for the most
pairt, valide and worthie, at the least [to] have a voice in choyseing
of a Moderator to themselves, by whose meanes everie commission may be
more exactlie tryed. 3 reason, It is one of the poynts of the freedome
of the Assembly, that the Commissioners from the Kirkes and burghes
choyse their owne Moderatour, incontinent after the exhibition of the
Commission, least any thing which concernes them be done inordourly or
without the consent in the meeting where they are present. 4 reason,
The Tryell of the Commissions is one of the worthiest matters of the
Assembly, and never were there any discussion of the validitie of them
before a Moderatour was chosen, and the judicatorie brought to a frame,
so farre as the whole might judge of everie pairt; nor can they be
discussed till the propper judicatorie be ance sett in a tollerable
maner, which be the lawes hes authoritie to judge thereof. 5 reason,
It was required in all the supplications for a free Assembly, that
the questions belonging the maner and matter of Assemblies, should be
referred to the Assembly it selfe; and, now a free Assembly is granted
and indicted, therefore a formall Assembly must ance be made before
any ecclesiastick question belonging to the Assembly can be rightlie
discussed, which cannot be done till a Moderatour be chosen by common
consent of the Kirke conveened. 6 reason, Seeing it is certaine, that
these who are come doe represent the Kirkes from which they are come,
and are instructed so well as they could be their knowledge, it were
wrong done to the Kirkes conveened, not to suffer them to begin their
owne incorporation, and to draw their oune Members to some ordourlie
frame that at the first entrie they may proceed ordourlie. 7 Reason,
Whatsomever reason can be alleadgit why the Commissions cannot be
postponed to the chooseing of the Moderatour, will be more valide
to prove that they cannot be discussed before the chooseing of a
Moderatour. 8 Reason, _Progressus erit in infinitum_.

My Lord Comʳ his Grace gave way to the chooseing of a Moderatour,
provyding it shall no wayes import his Graces acknowledgement of the
votters, or such as shall be meit, or any of them, to be lawfull
Members of this Assembly. But it shall be lawfull to his Grace, or
any other at convenient tyme, to say they cannot be lawfull Members
thereof; whereupon his Grace took acts and Instruments, as likewayes
protested in name of the Archbishops and Bishops of this Kingdome,
that no nomination or election of a Moderatour, Commissioner, or other
Member of the said Assembly, made or to be made, nor the receaving,
admitting, or allowing of any pretendit nomination, election, or
Commission, before, to, or at the said Assembly, past or to be past in
favours of or in the behalfe of any Member thereof, shall prejudge them
or any of them in their place, voit, office, jurisdiction, dignitie, or
priviliedge belonging to them or any of them, be whatsomever laufull
right or custome, but that the same shall remaine to them, and everie
ane of them, safe and inviolable, notwithstanding of anything done
or to be done at the said Assembly; whairupon the said Commissioner
his Grace tooke acts and Instruments. Farther craved ane other paper
presented be Doctor Hamilton, in name of the Bishops, to be read
publictlie, quhilk being refuised, the said Commissioners Grace
protested, tooke acts and Instruments: farder, the said Commissioners
Grace declaired that his Majestie had appoynted six noblemen, his
Assessours, to repair to Glasgow, and to have voit in the said
Assembly; and for that effect his Majesties Letters, directed to them,
was produced; and accordinglie his Grace desired that, before any
voting of the Moderatour, it should be condiscended that the foresaid
Assessours should have voit, conforme to his Majesties Letters, which
being refuised, his Grace protested and tooke acts and Instruments.

Farder protested that the Bishops, who were authorized be act of
Parliament, are called pretendit Bishops.

       *       *       *       *       *

_The Protestation of the Commissioners fra Presbitries, Burghes, and
Universities, and of the Complaints against Prelats._

We Commissioners of Presbitries, Ministers, and Elders, Commissioners
of Burghes, and Universities, in our owne name, and in the name of
the whole Church of Scotland, whom we represent, That whereas his
Majesties Commissioner protested that he gave way to the chooseing of
ane Moderatour, without acknowledging of the voits of any of them to be
lawfull members of this Assembly; but that it be lawfull to him or any
other to say, at convenient tyme, why they cannot be lawfull members;

We protest that this protestation made be my Lord Commissioner his
Grace, be no wayes prejudiciall to the lawfull commissions produced be
Ministers, Elders, and Commissioners of burghes and vniversities, qˡᵏ
shall be allowed unto this Assembly, nor unto the freedome thereof, nor
be any ground of quarrelling this Assembly and the proceedings thereof,
in any time comeing; but, on the contrare, seeing we offer to heare all
objections in a competent Assembly, at the discussing of the particular
commissions.

We protest that this Assembly, now fenced in the name of the Sone
of God, be esteemed and reputed a free Generall Assembly in all
tyme comeing, and that it shall be lawfull to us to extend this our
protestation, and insert the reasons thereof, in any tyme before the
dissolving of this Assembly; whereupon we tooke instruments.

Lykeas we Commissioners of Presbitries, Burghes, and Universities in
manner foresaid, That qʳas his Majesties Commissioner, in name of the
Archbishops and bishops of this Kingdome, protested that no nominatione
or election of Moderatour, no allowance of any pretendit commission
in favours of any Members of this Assembly, nothing done or to be
done in this Assembly, past or to be past, shall prejudge them in
their voit, office, jurisdictione or dignitie belonging to them, be
whatsomever law or custome: We Protest against this protestation of
his Majesties Commissioner made in favours of the pretendit bishops
and their pretendit priviledges in this kingdome, untill they and yʳ
rights and priviledges now complained upon be the most pairt of this
Kingdome in yʳ summonds, as usurpations, contrare to the word of God,
Confession of faith, doctrine and discipline of this Kirke, to be tryed
and allowed or disallowed in this Assembly, and that the determination
yʳof therein, according to the word of God and Confession of faith, be
esteemed and observed, and most just and lawfull; and we protest in
favours of the liberties, priviledges, and discipline of this reformed
church, and freedome of this Assembly in all ecclesiasticall matters,
conforme to the Confession of faith and Covenant of this Kingdome,
renued with the Lord, and for libertie to extend this protestation, and
the reasons thereof, before the dissolving of the Assembly; qʳupon we
tooke Instruments.

Lykeas We Noblemen, barrones, Ministers, burgesses, and Commouns,
subscribers of the Covenant and persuers in the Commoun Complaints
and Summonds against bishops, Protest that the Commissioner his
Graces nomination of them, the Lords of the Clergie, and protestation
in favours of yʳ calling, voits, dignitie, priviledges, be no wayes
prejudiciall to the Covenant subscryved be us, to the policie of the
Kirke, nor to our Summonds and Complaints against these our pretendit
dignities, titles, and callinges, as contrare to the Confession
of faith and word of God, nor to the freedome of this Assembly in
their trying and discussing of our said Complaints; and we protest
for libertie to extend this protestation; qʳupon we take acts and
Instruments.

Lykeas, We Commissioners for Presbitries, burghes, and Universities,
That qʳas his Majesties Commissioner having craved ane paper, presented
be Doctor Hamilton in name of the Bishops, to be red publictlie, being
refuised, did protest and take Instruments, We protest that before ane
Assembly was constitut, and the Moderatour chosen, we would heare no
supplications, billes, nor protestationes, but after the constitutione
of the Assembly we should heare the same and give them an answer, and
protested that they might be there personallie present for to answer to
the Summonds and Complaints against them, with libertie to adde yʳupon
and tooke Instruments.

Lykeas, quhensoever his Majesties Commissioner protested against our
protestations, both the Commissioners from burghes and universities
on the ane pairt, and the persewars and the Complainers on this, have
renued their protestation against the Commissioners protestations:
We Commissioners from Presbitries, Burghes, and Universities, That
quhereas his Majesties Commissioner produced his Majesties Letter to
Six Noblemen for to be his Assessours, and accordinglie desired that
the foresaid assessours should have voit according to his Majesties
Letter, and protested upon the present refusall of it before the
election of a Moderatour, we protested, that seeing his Grace was his
Majesties sole Comʳ, that none should have voit but the Commissioners
from Presbitries, Burghes, and Universities, for thir reasons, qˡᵏˢ we
are readie to shaw, for thir reasons to the Assembly being constitut
after the election of a Moderatour, and protested for libertie to
extend their owne protestation, and insert the reasons thereof any tyme
before the dissolution of this Assembly: qʳupon we tooke Instruments,
and yʳafter gave in the reasons following.

       *       *       *       *       *

Concerning the voiting of his Majesties Assessours in the Generall
Assembly.

With that respect which we ought to his Majesties Commission, and to
the persons and places of the pryme Noblemen and Counsellours, his
Grace his Assessours, for the preservation of the libertie of the Kirke
of Jesus Christ, in this his Majesties Kingdome of Scotland, we the
Commissioners from particular Presbitries, Universities, and burghes,
here solemnlie assembled, in all humilitie, doe remonstrat that his
Majesties Commissioner and Assessours can have but ane voit, in all
matters treated and reasoned in the Assembly, for the reasons following:

1. Becaus the Generall Assemblies, in the matter of it, is ane
ecclesiasticall meeting of persons ecclesiasticall, Ministers and
Elders, representing the whole particular persons and presbitries
quhilk collectivelie cannot convenientlie or possiblie conveine, and
the Christian Magistrat doth not so much multiply voits for himselfe,
as by his power, auctoritie, and command, and provyde that every
particular Commissioners voit be asked and heard in order and quyetnes,
that thereby the judgement of the Assembly, in everie poynt presented
to their consideration, may be knowne.

2. We have had 39 Assemblies of this Kirke, without the presence of
the Kings Majestie or any Commissioner sitting in the Assembly in his
Majesties place.

3. It is not to be supposed that his Majesties Comʳ should have moe
voits in his Ma. personall absence, then if he were in sacred persone
present, since, _jure representationis_, they are all but ane, and
ought to voit as ane.

4. This might prove contrare to his Ma. graceous intention, very
prejudiciall to the libertie of the Kirke, there being no determination
of the number of voits, for thus his M. affirmative voice might be
turned in a negative; neither doth this Kirke want experience of this
great danger.

5. As assessours sent from particular presbitries for assisting, thir
Commissioners have no place to voit, so it is to be supposed that these
assessours, appointed to attend his Majesties Comʳ, are only to give
their advice and assistance unto his Grace in the great affaires of the
Assembly, that all matters may be orderlie and peaceablie disposed. 6.
Although we doe not pry narrowlie into his Majesties Commission, yet
since we perceave it is granted to the Marqueis of Hamiltoun as his
Majesties sole Commissioner, we cannot admitt that any be equall to his
Grace in voiting in the Assembly.

7. As the Ecclesiasticall Moderatour, be the Acts and practise of
this Kirke, hath some Members of the Assembly joyned to him to be
assessours, who yet thereby have no further power granted to them than
they had before be their Commission, so it is with _preses politicus_.

And whereas, his Majesties Commissioner protested that the bishops who
were authorised be Acts of Parliament were called pretendit bishops,
the complainers against bishops protested that such they were and such
they should be esteemed and called, conforme to the summonds; and the
Commissioners from presbitries, burghes, and universities, protested,
that they should be so called till the complaints against them for the
samen should be discussed, with libertie to adde; whereupon they tooke
instruments.

       *       *       *       *       *

The Moderatour for the tyme having declaired that the constitution of a
Moderatour must be the first act, and goe before the act of examination
of the Commissions, he puts upon the leitts Mr John Ker, Mr John Row,
Mr James Bonar, Mr Wᵐ Livingston, and Mr Alexʳ Hendersone: the leitts
being approven, and Mr Alexander Hendersone was chosen Moderatour be
the voits of all the voits, not ane contrare except his oune.

       *       *       *       *       *

Sess. 2.

[November 22.]

After in calling upon the name of God,

The Moderatour craved that a list might be given for chuseing of a
Clerk.

The Comʳ asked why a clerk should be elected, seeing there was a clerk
there present, and what could be said against him why he should not
execut the office in his fathers lifetyme?

The Moderatour answered—Please your Grace, the clerks sone could not be
called the clerk.

The Commissioner required that the young man might have libertie to
speake for himselfe, who, being permitted to speak, alledgit that
his father was provydit to the office by the dimission of Mr Thomas
Nicolsone, and hath served in the office after his dimission, and hath
keeped the Registers, and hath given out extracts of the Acts and
conclusions of the Assembly; and now being infirme and sicke, and not
able to serve at the tyme, has surrogat me his sone in his place.

The Moderatour answered—Albeit Mr Thomas Nicolsone had the office and
had demitted to his father, yet was not his Father elected by the
Assembly; albeit, he had now possessed the office by the space of 20
yeares, yet I see not how the office can goe by deputation.

The young man answered—That beside the office of Mr Thomas Nicolsone,
his father had the office by election in anno 1616.

The Moderatour answered—That he was not chosen by the voits of a free
Assembly; and whether it was so or not, it matters not now, seeing he
was become old, infirm, and sicke, and so unable to attend frequent
Assemblies, which now we expect be the mercie of God, and with his
Majesties favour and allowance; yet if there be any question in the
matter, I shall ask the voits of the brether; but in my judgement,
Edinburgh being the centure of the Kingdome, quhereunto all subjects
have greatest resort, it is expedient, yea necessar and good, that
the clerk should reside att Edinburgh. I grant the Clerk received no
detriment be his fathers function, becaus his employment was but small.

The Earle of Rothes answered—Albeit his father had undoubted right to
the office, yet the office is not transmissible: whereupon the young
man remitted his interest in the office to the consideration of the
Assembly.

The Commissioner answered—By what power the young man could demitt his
ffathers right?

The young man answered—That he did not demitt his Fathers office, but
onlie submitted his interest in it to the Assembly.

The Commissioner said—That he did not call in question the power of the
Assembly concerning the election of a Clerk, but he desired to know how
Mr Thomas Nicolsone having demitted his right in favours of the young
man his father, and how his Father having enjoyed the office to this
day, how ane other clerk should be elected, he being yet alive?

My Lord Lowdoun answered—That his father being absent, old, and sicke,
could not now supplie the place, and yʳ the Assembly, now conveened,
behooved to see to it, and surrogat ane other in his place—a man of
skill and judgement—seeing he was _civiliter mortuus_—unable to come
hither; yet I speake not this to prejudge his sones benefice, for the
Assembly may consider of it; but if he hes a power from his father, he
may submitt that to the judgement of the Assembly, and the Assembly may
choose ane other without doing wrong to the young man.

The Commissioner answered—If, by reason of Gods hand on the man, they
would yet macke [him] further to be a sufferer and a loaser, seeing
he hath done the pairt of ane honest man, and his gift of office here
doeth bear deputation, why will ye not suffer him to depute his sone in
his place as others have done before? For albeit he be old, infirme,
and sicke, that may not take away his place, if sicknes be on him by
Gods hand, and againe throw time he shall be frustrat of the meanes to
mentaine his life in his old age.

Lord Lowdoun answered—It is charitablie and justlie pleaded, and I
think he should not be prejudgit the meanes of his life in his old age;
but seeing there are here two prejudices in hand—ane to the Generall
Assembly and other personall to the man—the lateis prejudice must yield
to the former, and the Assembly must be served, and the man in his age
and sicknesse supplied ane other way. As for deputation ane other in
his place, we know he hes no power of it.

My Lord Rothes said—That the strenth of his fathers right to the
office was not from Mr Thomas Nicolsones admission, but of that which
the Assembly gave unto him; and what right the young man craved by
deputation, he hath now put it in the hands of the Assembly.

The Moderatour asked—If the clerks place was not vacant for the tyme,
and if it be not vacant, how shall the Assembly be provydit for a clerk
for the tyme?

My Lord Rothes said—The Assembly calls for a clerk, and his father
compeirs not; how is it furnished?

My Lord Lowdoun answered—Let the young man who craves the right adhere
to it, and let it be decydit by the Assembly, or els submitted to the
Assembly, or els choose your oune Clerk.

Whereupon the young man submitted himselfe to the Assembly.

The Moderatour craved that a lite might be given in for chooseing of a
Clerk, and so a lite of four was given in: Mr Thomas Sandilands, sone
to the clerk, Alexʳ Blair, John Nicoll, and Mr Archibald Johnstone; and
it was requyred that these men that shall be elected shall be obliged
to reside at Edinʳ.

The Moderatour asked the Comʳ which of these four his Grace would voit
into?

The Comʳ answered—That he knew not any of them, neither would he voit
to any of them, becaus he had not as yet seene a lawfull dimission of
the present Clerk.

The Moderatour replyed—Then your Grace will be a _non liquet_.

The Comʳ answered—I desire that the voits of the Assessours nominat by
his Majestie might be asked in a nomination of a Clerk.

The Moderatour said—Seeing your Graces assessours get no voit in
chooseing a Moderatour, being a superiour office, it was not fitt to
trouble them with asking their voit anent the election of a Clerk,
being an inferiour office.

The Comʳ craved that the protestation made yesterday might be read over
againe the day, anent the Kings power in appointing of assessours;
which protestation being red,

The Comʳ craved that my Lord Argyle, Traquair, Southesk, Lauderdaill,
might voit according to his Majesties command, given in severall
letters; which Letters being sein and red,

Traquair craved that these assessours appoynted be his Majestie might
have voit, as the custome was in King James, of worthie memorie, his
tyme; and declaired, according to his Majesties command, he was readie
to assist and give his voit.

The Moderatour answered—That it was not want of due respect to their
Lordships that moved them to refuise your Lordships voits in this, but
onlie to mentaine the Kings libertie—quherfor your Lordship had als
goed reason to be als zealous as any in the house.

Traquair replyed—The imployment of this particular was of such small
moment, that except it were in obedience to his Majesties command, he
would never clame it. As to the Kirks liberties, that they should be
preserved; yet why should any in the Kirk debarr the Kings Majestie
from that libertie which to this day he never wanted in any Assembly?
If the Kings Majestie be standing in a particular possession of
assessours to treat, reason, and voit, who should his Majestie be
dispossessed now?

The Moderatour answered—That they should either condiscend to that
his Lordship craved, or else satisffie him in reason; and said, he
would not deny but his Majestie had, in sundrie late Assemblies,
moe asseasours then his one Commissioner, and yet there were also
many Assemblies that neither King, Commissioner, nor assessours were
present: which late Assemblies he wished this present Assembly had no
reason to put them to the tryall.

Traquair asked—If, becaus the King is not present now, as he was not
present in ane other Assembly, if they would exclude him and these
nominat be him to voit in this Assembly?

Moderatour answered—There was no intention to exclude his Majestie, but
rather wished his Majestie were present to be ane eye witnesse to all
thir proceedings, and that he hoped for great favour from his Majestie
if he were present, and that full satisfaction should be given to his
Majestie, by Gods grace, to everie thing.

Sir Lues Stewart said—Seeing it hath beene in use that his Majestie
hath appoynted assessours, Commissioners, and all perteining to the
Generall Assembly, why not now also?

Lowdoun answered—There were sufficient reasons why it should not be
so, and these reasons were put in the hand of the Moderatour to be red.

Thir reasons being red, why the King only should have ane voit,

Traquair said—Not out of any affection of imployment, but of love to
the obedience of so gracious a prince, doe I take upon me to answer
these reasons; neither yet am I of such sharpness, capacitie, and
quickness of witt, to make answer to everie ane of these particular
reasons; yet seeing we are tryed to make answer, we crave ane copie
thereof that we may give our answer thereto, and desires that this
matter of election of a Clerk may not be put to voiting till our
reasons be heard.

The Moderatour said—It is good reason to be so, and all of us hes
alse good reason to be zealous of the Kings honour, authoritie, and
priviledge, as any, yet his Lordship had alse good reason to see to the
Kirkes weill and libertie—the Mother of us all; and when we perceave
that the Kings Majestie, or any in his name, would urge that which may
encroach upon the liberties of the Kirke, they would labour to satisfie
them in reason.

Traquair said—If I knew any thing would conduce more to the
preservation and priviledge of the Kirkes liberties, then that his
Majesties wonted authoritie should continue in the former vigour, I
would condiscend unto it.

The Commissioner said—I render my protestation, made in name of my
assessours appoynted be his Majestie.

My Lord Rothes said—And we also adhere to the protestation made be us.

Traquair craved that his assessours might eik to his Graces
protestation, which was granted.

Then the Voits of the whole Assembly wer craved anent the election of
a Clerk _ad vitam_, and Mr Archbald Johnston was chosen and admitted
unto all the rights, fies, and priviledges, perteining to ane Clerk of
before, to be extractit at large; who, after the acknowledgement of the
weightiness of the charge, and his insufficiencie for it, embraced it
as having a calling from God, and the honourable Assembly.

The Moderatour desired to be informed if any more was requisite for his
admission but a solemne oath of his fidelitie and diligence?

Mr John Row answered—Nothing further, but that he should bring foorth,
keepe, and preserve the Registers of the Church; at least so many as
shall come in his hands, seeing pitifull experience could show how
these Registers had been marred in former tymes.

Then Mr Archbald gave ane solemne oath of his fidelitie and diligence,
and conscious keeping, and use making of all Registers and documents,
was taken of his acceptance and admission.

The Moderatour said—The Bookes and Acts of all former Assemblies should
be produced, and put in Mr Archbalds hands.

Mr Thomas Sandilands answered—That he had receaved no Registers from
his father, but only two books, conteining some acts from the yeare
1590, till the Assemblie at Aberdein, holden 1616. which therein is
only begunne with the Minuts of the Acts of the said Assembly of
Aberdein, in a paper-apairt with the Minuts of St Androwes following
1617, with the acts of the Assembly at Perth, subscribed be Mr James
Sandilands, and delivered the samen to the Assembly: And, being posed
for the rest of the registers, answered, in his fathers name, that he
had gotten these two from the Bishop of St Androwes, and had never
receaved any moe, neither from him, nor from the Assembly, nor from any
uther.

The Moderatour craved that all the Registers might be had and brought
foorth from the hand of any Clerk or haver of them, affirming that
these bookes had in them matters of greater weight then all uther
evidents of land; for they wer the Kirke of Scotlands MAGNA CARTA,
contayning all her priviledges since the reformation. He wished also
that this Assembly should not be deprived of so powerfull a meane of
information for proceeding in matters to be handled there.

The former Clerks sone affirmed that he had destroyed none of these
bookes.

The Moderatour urged the production of these bookes, and desired the
Commissoner to take course for it.

The Commissioner answered—That he was willing to use any good meane
that could be used for production of these bookes, if any could show
in whose hands they were; for (said he) I desire not that any register
should be absent, but, above all, the Kirkes Registers.

My Lord Rothes said—That, by a warrant from King James, the bookes
wer taken from Mr Thomas Nicolsone and the last Clerk, and put in the
hands of the pretendit bishop of St Androwes, and so of neid, force and
course must be taken for getting of these bookes from the Bishop.

Mr Archbald Johnston said—That, by Gods providence, als many bookes
were come in his hands, as should be able to make up a perfite register
of the whole affaires of the Kirke, from the Reformation until this
day, which Bookes he produced on the table, and declared by whom and
what meanes they wer come to his hands—To witt, Mr Robert Winrahame,
Depute-clerk under Mr Thomas Nicolsone, and from him to Alexʳ Blair; of
quhich bookes there are fyve volumes in folio. But Mr Patrick Adamsone,
Bishop of St Androwes, rent ane of them, and yet there are four to
the foir of them, written be Mr James Richie and Mr Thomas Nicolsone,
qʳof the first two containes the acts of Assembly from the year 1560
to 1572, subscribed by John Gray, Clerk to the Assembly; and the third
volume, fra 1586, till 1590, written and subscrived in the margine be
Mr James Richie, Clerk to the said Assembly—the first Booke being ane
great volume of the Acts of the Assembly, fra the year 1560 to 1590,
(whereof he had but ane len from ane minister,) whereof, the first
four volumes the said Mr Archbald declared he had receaved them from
Alexʳ Blair, wreater, who was servant, and succedit in the place of
modifications of Stipends to Mr Robert Winrahame, who had a deputation
from Mr Thomas Nicolsone, Clerk to the Generall Assembly.

The Moderatour said—These are good and comfortable newis unto the
Church of Scotland—that a perfect Register of the Acts of the
Assemblies are yet to the foir, and that it was neidfull that course
be taken for tryell of these bookes, whether they be these same bookes
written be the Clerks, or be their deputs, or Copies only of these
bookes.

It was answered be the Clerk, That they are the same, written and
subscryved be the Clerkis oune hand, and the leaves riven out of ane
of them be the bishop from the 22 to the 27 leafe, may yet be knewen
be the marked number of the leafes. The first Clerk, Mr John Gray, who
subscribed everie Assembly with his hand. The next is also subscribed;
and ane Memorandum on the first leaf of it, where Mr Archbald Huntar
past to the Chancelour Maitland and receavet that Volume, and this
uther, and the halfe of that which was rent by Bishop Adamsone, is
marked in the next booke. The third booke, and the first act of it, is
the election of Mr James Richie, Clerk; which booke is all of ane hand
write. The ane booke is from the 60 to the 70 year; the next from the
79 wherein the bishop of St Androwes is censured and excommunicat; and
now, in God’s Providence, there is now in the present Clerks hands a
perfyte Register from the 70 year to this last Assembly, for which all
of us have reason to praise God.

The Commissioner said—See that we build on ane suir foundation, and try
weill that these bookes be authenticks.

The Moderatour craved that some judicious men, and skilled in
dignoscing hand writtes, might be nominat for tryell of these bookes;
and intreated the Earles Lawderdaill, Southesk, and Argyle to take
inspection of the Bookes.

Argyle objected his youth and unskilfulness for so weightie a charge,
yet, at command of the Commissioner, declaired his willingnes to assist
the work.

The Comʳ said, that if his aune paines could contribute any thing to
the furtherance of the worke, he would be readie to sit up day and
night, but would not lay the burthen on his assessours; for, he said,
seeing it is refuised that they should be Members of the Assembly,
he said he saw not how they could be appoynted for trying of these
Registers.

The Moderatour answered—We are hopefull that their Lordships will not
refuse to further the good of this Assembly, seeing it is said heir, it
is not for want of due respect we owe to their Lordships, but only for
preservation of the Kirkes liberties, as said is.

The Comʳ said—I cannot see how these that are not granted to be Members
of the Assembly, can cognosce bookes containing matters of so great
weight.

The Moderatour answered, that they can best judge.

The Commissioner said—But I cannot consent unto it. Therefor

The Moderatour said—Let the skilfullest of the Clerks of Session,
Counsell, and burrow Clerks, with the Ministers, such as the Laird of
Durie, the Clerk of Dundie, Mr Alexʳ Pearsone, with their Assessours to
help them of the Ministrie.

  Mr James Bonar.
  Mr John Row.
  Mr John Livingstone.
  Mr Andrew Ramsay.

       *       *       *       *       *

[The Moderator called upon] Mr John Row.

Mr John Row answered—That he had yett in his hands the booke of the
Kirke Policie subscribed be Mr James Richie, Clerk, which will serve to
dignosce the hand writt.

Mr Archbald Johnston said he had the principall Booke of Policie,
written in lumbard paper, in his hand, which also would conduce to that
end.

This being judged to be the fittest way for tryell of the Registers of
the Kirk, and makeing them to be authentick,

The Moderatour desyred that the Commissioner would proceed to try the
Members of the Assembly and the Commissions, that soe the Assembly
might be fullie constitut.

The Commissioner answered—That he who yesterday presentit a written
paper from the Lords of the Clergie, desires that his bill or paper
might be first read for information giving, anent the Members of the
Assembly to be constitut; and becaus the reading of it yesterday
was denyit before a Moderatour was chosen; now ane Moderatour and
Clerk also being chosen, I desire this paper to be read; seeing the
objections qᶜʰ were proponed yesterday are now removed, and that
Doctor Robert Hamilton may be called to produce the paper, written in
name of the Lords of the Clergie and their adherents; who being called,
compeired and presented his paper to the Commissioner, desiring he
would give charge to read it.

The Moderatour said—Some parte of the Impediments of reading it in
publict are removed, but not all; for the Assembly is not as yet
constitut fullie. But, so soone as the Assembly is constitut, it shall
be read before any other bill or paper qwhatsoever.

The Commissioner urged still the reading of it before the Members of
the Assembly were agried upon and constitut, becaus the paper contained
many thinges neidfull to be knowen before the Members of the Assembly
be constitut.

My Lord Lowdoun answered—That the reasons proponed yesterday for not
reading of it, are yet standing in force; and as it was inexpedient
yesterday that it should not be read till a Moderatour was chosen, so
it is yet inexpedient till all the Members of the Assembly be fullie
constitut; for, (said he,) there is no Assembly constitut till the
Commissions of the Commissioners to the Assembly be tryed.

The Commissioner replyed—It is a hard cause, that a man cited before
the Assembly should not be heard to object against the Members of the
Assembly who were to be there judges. Who ever heard that a man accused
as guiltie of a fault, was refused to be heard to object against his
judge?

My Lord Lowdoun answered—If the objection wer now against the whole
Assembly, it could not be read before the Assembly wer constitut to be
judges. But if the objections wer against any particular Member of the
Assembly, it were only fitt tyme to object when that mans Commission
were in reading.

My Lord Rothes said—Let objections be given in against a particular
Member and it may be heard, but cannot be heard against the whole
Assembly before it be constitut; and

The Moderatour eiked—If that paper should open your eyes to give
further light after constitution of the Assembly, that the errour of
not reading it before shall be repented in dew time; for no sooner
shall the Assembly be constitut but it shall be first read.

My Lord Commissioner said—I take instruments of your refusall to read
it.

My Lord Lowdoun answered—It cannot be said that the Assembly hes
refuised till it be ane Assembly constitut. Neither yet is the paper
presented to the Assembly, but to your Grace.

The Commissioner replied—Because ye have refuised I took it; and I
crave it might be read.

My Lord Lowdoun answered—So soon as it is an Assembly, it shall be read.

The Moderatour said—Then let us proceed to the tryell of the
Commissions, that the Assembly might be constitut, and then it shall be
read.

The Commissioner said—I am content, so be my Lords of Clergie receave
no hurt nor prejudice; and before yee proceed, 1 ask documents that
nothing be done in tryell of Commissions, and constituting the said
Members of Assembly, to the prejudice of the said Lords of Clergie;
and I desyre that the newlie constitut Clerk may pen ane act for this
effect and give out ane extract of it.

The Clerk answered—I can neither make nor give out Acts without a
warrand from the Assembly; and the Assembly cannot give warrand till it
be constitut.

Then (said the Commissioner) I will take instruments in the hands of
the Lord Register, seeing the Clerk of the Assembly refuses to write.

The Clerk said—I shall write it quhen the Moderatour gives direction;
yea, I shall write it presentlie, but cannot give ane extract of it
till the Assembly be constitut.

The Commissioner said—If ye be Clerk to all, why not to me? Shall I
make a Clerk for myselfe? I did protest before, that niother the Lords
of Clergie nor their adherents should be prejudged in their dignities
or priviledges, by their refuseing to read their paper, presented by Dr
Robert Hamiltoun; which paper containes reasones against election of
the Members of Assembly.

My Lord Traquair said—It is very hard that these reasons against the
election of such and such Members of the Assembly should not be heard.

The Moderatour said—When the Assembly is fullie constitut, then the
Member complained of shall be removed.

The Commissioner said—I still will protest in name of the Lords of
Clergie and their adherents, that they receave no prejudice by your not
reading of their paper before the Assembly proceed to the examination
of Commissions.

My Lord Traquair said—The protestation is upon your refusall to read it.

My Lord Lowdoun answered—Their refusall is no longer then till the
Assembly be constitut; their reading of it is only deleyed till then.

The Commissioner said—But for my securitie I will take instruments of
all in my Lord Registers hand, till that promise he performed; for,
albeit I be his Majesties Commissioner, yet am I a poor subject, and
must answer for my service.

The Moderatour said—I will judge reverentlie of your Graces
proceedings; yet I may say there is a too too burning haste in these
men for whom your Grace pleads, that they will have their bill read
before the Assembly be constitut.

The Comʳ answered—They have reason to look to themselves, seeing it
stands them now on their reputation, dearer to them nor their life;
and, therefore, thinkes it only now fitt tyme to use their best
defences: for what weight will their reasons have when their parties
are constitut their judges? If myselfe were to be constitut judge, I
would not refuise to heare reasons why I shᵈ not be such a mans judge;
therefore, I requeist the Moderatour to state the question, and ask the
Assembly what they think of it?

Then the Moderatour said—There is a motion made anent the reading of
a paper, given in be the pretendit Archbishops and Bishops, and their
adherents, for clearing of yʳ mynds who are present, concerning the
election of the members of this Assembly, and ye did formerlie refuse
it till the Assembly was constitut. Now, it is urged againe; and,
therefore, I ask, whether it be convenient to read it now, or to delay
it to the Assembly be constitut, and the commissions tryed?

My Lord Traquair said—If my Lords of Clergies information be not read
before the voit and judgment of the Assembly be given, and before
a judicatorie be constitut, it shall be to no purpose thereafter;
therefore, it is only craved that then information may be heard, and no
answer shall be craved till the Assembly be fullie constitut.

The Moderatour said—An absolute judgement of the Assembly shall not be
given without reservation.

My Lord Traquair said—Instruments should be taken before they give out
their judgements, that it prejudge not my Lords of Clergie.

My Lord Lowdoun answered—Ye cannot crave the judges Sentence in this
matter before the judge be constitut.

The Comʳ said—We only crave to informe these who should be judges, and
that reasons should be heard wherefore they cannot be judges.

My Lord Lowdoun replyed—It is no wayes competent to this Assemblie to
heare that information as a judge, before yʳ be a judge, seeing that
information shall be alse valide after the Assembly is constitut as now.

My Lord Traquair said—What if it can be showen by good reason, that
such ane election of the members of this Assembly as ye are about,
cannot be; and if this be, how shall it be tymeous to show it after the
election is made?

My Lord Lowdoun answered—The judicatorie being constitut, it shall then
be judged.

The Moderatour said—Whether should our owne or externall instruments be
first heard?

My Lord Traquair answered—When a judicatorie is to be sett, whether is
it more propper to except against those who are to be judges, before or
efter the judicatorie is established?

The Moderatour answered—They shall be heard; but ourselves must be
first heard.

My Lord Argyle said—I compare these here conveined to be ane assise
nominat, but not yet sworne why may not then we, ane pairtie accused,
informe the assise before it be sworne?

The Moderatour answered—We doe verilie perceave great sufficiencie in
the Commissioners Grace, who only should speake here unto us; and if
your Lo. have any information to give in, doe it in a convenient tyme;
and it is not fitt your Lo. should speake here as a Commissioner; and
it will be hard to us to make answer to every difficultie that such a
number of wittie noblemen can propone.

My Lord Lowdoun said—My Lord Argyles instance is verie fitt, if these
men who desires their information to be read would come in here as men
pannelled before ane assise.

My Lord Argyle answered—There is a sort of acknowledgement be them of a
judicatorie here, when they desire such a information to be read before
it.

The Moderatour said—They shall be judged in nothing here till they have
gotten libertie to speak, and except against any Commissioner here
present.

The Comʳ said—If this be ane free Generall Assembly, why may not any
propone their doubts? How can this be refuised to my Lord Argyle and
others, they being Peires of the land, which cannot be denyed to
Scottismen?

After sundrie speaches uttered be my Lord Argyle, Traquair, and answers
given thereto be the Shirreff of Teviotdaill and my Lord Lowdoun,
anent the comparisone taken from assise, it was concluded that the
paper given be Doctor Robert Hamilton, in name of the Lords of Clergie
and their adherents, should not be read till the Assembly was fully
constitut.

       *       *       *       *       *

Sess. 4.

November 24, 1638.

The fourth day, be reason of the Commissioners delay in not comeing at
his appoynted houre, the Moderatour desired that matters to be handled
might goe one in his Grace his absence, and a promise that a full
narration of thinges handled should be made knowne unto his Grace at
his first incomeing, which the Comʳ refuised, seeing he was bound to
give particular accompt to the Kings Majestie of everie thing done,
therefore behoved to be ane witnesse of everie thing that should be
done.

The Moderatour said—We left at the examination of Commissions, which
serves for the constitution of the Assembly; and we crave that we may
now proceed in the examination of Commissions; and the Commission given
in for the Presbitrie of Dunce, was first read; next, the Commission
for the Presbitrie of Chirnaide.

The Moderatour said—We need not to crave the voits of the Assembly
anent every Commission; but, if none speake against a Commission, after
it is read, we will hold silence for a consent and approbation of the
commission.

The Commissioner answered—If ye appoynt that silence shall be taken
_pro confesso_ that the Commission is valide, I protest that my silence
be not so exponed, but that I may have libertie to object against any
Commission or Commissioner, in my owne tyme, becaus for the present, I
am not instructed with objections which I have and will make hereafter;
and to this protestation, the Moderatour, in name of the Assembly,
assented; and so the Clerk went on to the reading of the rest of the
Commissions, and red the third from the Presbitrie of Kelso; the 4
from Jedburgh; the 5 from toune of it; the 6 from Ersiltoun; the 7
from Lawder; the 8 from Selkirk; the 9 from the toune of it; the 10
from Dumbar; the ij from the toune of it; the 12 from Northberwick
toune; the 13 from Hadingtoun; the 14 from Dalkeeth; the 15 from the
Presbitrie of Hadingtoun; the 16 from Edinburgh; the 17 from the
Colledge of it; the 18 from Linlithgow; the 19 from the toune of it;
the 22 from the Presbitrie of Peibles, and a Protestation given in
against it be Mr Robert Ellot, as a Commission purchased be indirect
meanes used be the Lord Traquair.

My Lord Traquair, hearing his name called in question, thought himself
much wronged, being calumnat be such a man, whom he would prove to be
both a bryber and ambitious; and that he should be by him brought upon
the stage before so reverent and grave ane auditour; and complained to
the Commissioner of the Ingiver of the Protestation as ane infamous
lybeller against ane officer of Estate, and Counsellour of his
Majestie; and the Comʳ promised that the ingiver should be censured
according to justice, in tyme and place convenient: therefore, both
the Commission and the protestation was layd by till the fitt tyme of
tryell.

The 23 commission was then read frome the toune of Peibles; the 24 from
Middlebie; the 25 from Lochmaben; the 26 from the toune of it; the 27
from Mentoun; the 28 from Penpont; the 29 from Drumfreis; the 30 from
the toune of it; the 31 from Kircudbright; the 32 from the toune of it;
the 33 from New Gallaway toune; the 34 from the Sanquar toune; the 35
from Wigtoun toune; the 36 from Wigtoun Presb.; the 37 from Stranrawer;
the 38 from the toune of it; the 39 from Air; the 40 from the toune of
it; the 41 from Irving; the 42 from the toune of it; the 43 from Rosay;
the 44 from Argyle; the 45 from Dumbartoun; the 46 from the toune
of it; the 47 from Paisley; the 48 from Renfrew toune; the 49 from
Glasgow; the 50 from the toune of it; the 51 from the colledge of it.

It was asked, why the Colledge of Glasgow put in 4 in their Commission,
when uther Colledges hes but ane, and it was layd by to be examined.

The 52 [Com.] from Rutherglen toune; the 53 from Hamilton; the 54
from Lanerk; the 55 from the toune of it; the 56 from St Androwes; the
57 from the toune of it; the 58 from the Colledge of it; the 59 from
the toune of Creall; the 60 from Kilreny toune; the 61 from Anstruther
Easter; the 62 from Anstruther Wester; the 63 from Pittinweeme; the 64
from Coupar; the 65 from the toune of it; the 66 from Kirkcaldie; the
67 from the toune of it; the 68 from Dysert; the 69 from Kinghorne;
the 70 from Bruntyland; the 71 from Dumfermling; the 72 from the
toune of it; the 73 from Culros; the 74 from Innerkeithing; the 75
from Dumblane; the 76 from Auchterardour; the 77 frome Perth toune;
the 78 from Dunkell; the 76 from Megle; 80 from Dundie; 81 from the
toune of it; 82 from Forfor toune; 83 from Brechen, on the back of
which Commission there was yʳ a declaration written in favours of the
Laird of Din, Commissioner, subscryved be ane number of barons, and
some noblemen to it, beside these insert in the Commission it selfe,
who gave consent to the Commission. This writ, on the backsyde of the
Commission, was for clearing the sufficiencie of it, in respect that
ane vther Commission was granted be the same Presbitrie of Brechen,
appointing my Lord Carnagie, ruleing elder, for ane Commissioner; ane
copie of which Commission, with ane declaration upon the back thereof
was craved be the Commissioner, vnder the Clerks hand, that he might
thereby be the better instructed for objecting against any vther
Commissions, and might have his mynd cleared in sundrie particulars
which might conduce for the furtherance of his Majesties service.

The Moderatour answered, That his Grace should have ane copie of the
Commission itselfe, but not of that which is written on the back of it,
seeing it is not given as a parte of the Commission, but only a privat
thing written by the ingiver, for clearing of his Commission.

The Commissioner said, Seeing that which is written on the backsyde of
it may serve to further my masters service, why should a copie of it be
denyed to me, seeing my desyre is reasonable? I cannot compell to give
it, but, if it be denyed, what can I say but I am vsed in that as in
the vther things?

My Lord Rothes said—The pairtie ingiver hes yet in his power to retreat
and draw back both the Commission and all that is written upon it;
and therefore the Clerk can give no copie nor extract of it till the
Commision be authorized and made lawfull in judgement; for, till that,
as it is only a privat paper which the ingiver may doe now if he have
not a mynd to stand to it.

No, said my Lord Traquair, he may not draw it back, if it may
contribute to the furtherance of the Kings service.

My Lord Lowdoun said he may not only draw it back, but ryve it.

No, said my Lord Traquair, seeing it is now produced in judgment; and
the

Commissioner eikit—Not only is it produced in judgement, but hes at it
the subscriptiones of a number of Noblemen barrons, who we hope will
stand to it.

My Lord Montrois said—We will not passe from a jote of that which may
serve for the clearing of the Commission.

Therefore, said the Commissioner, that which is written on the backsyde
of the Commission, serves to prove the legalitie of the election of
the Commissioner, and is used as ane argument to prove the illegalitie
of ane uther Commission from the same Presbitrie. Why then should
I not have a copie of that which is written on the backsyde of the
Commission, seeing I find it serve much for the furtherance of my
Masters service? My Lord Yester answered—It is not propper for the
Clerk to give ane copie of extract of that which is not insert in the
records of Assembly; and only the Commission will be registrat in the
bookes of Assembly, when it is approven, but not that which is on the
back of it.

The Moderatour eikit—Only that which is given to the Assembly for a
Commission, may be craved of the Assembly; but that which is on the
back of it is not given for a Commission, or any parte thereof, but
only written on the back of the Commission given in accidentallie, and
may be obliterat.

The Commissioner asked, how that could be called accidentall which had
at it the subscription of 40 hand writtes, and produced in judgement to
be read?

The Moderatour said—That on the back of the Commission is only
accidentall, and I shall cleir it by ane supposition. There is ane
evident given in before the Lords of Session, and on the back thereof
there is ane compt written on some privat bussineese of the owner of
it. Shall the Lords of Session, or the Clerk, be obliged to give out
ane extract of the mans compt? No more can the Assembly or Clerk give
out ane extract of that which no wayes belongs to them.

My Lord Forbes said—The ingiver hes power to eike, paire, or draw back
at his pleasure, and such Commissions that are contravened are referred
to ane vther day.

Mr David Dick said, Let the Ingiver of the Commission be asked, whether
that on the back of it serves for approvation of his Commission or not?
for, if it be only a probation of it, then that which is on the back
should not be read till the time of probation, and for the tyme, only a
copy of the Commission may be craved.

The Comʳ asked the voits of the Assembly whether or not a copie of all
should be granted.

My Lord Lowdoun answered, that there could be no voiting till the
Assembly be established; but so soone as it shall be established, it
shall be granted.

Then, said the Comʳ, I take Instruments that such a Commission was
given in to be read, on the back whereof there is a written declaration
of the lawfulness of the election of the Commissioners of Brechin, and
desires it may be keeped in the Clerks hands.

The Moderatour regrated much that the weightie and grave matters of the
Assembly should be thus deleyed, and said that it had been better to
have wanted all the Commissioners from Brechin; quhereat

Southeske cappit and unreverentlie replyed to the Moderatour, that he
wronged them that wronged not him, and whom he had no reason to wrong.

The Moderatour answered—That what he did speake was within the bounds
of reason, and he would be answerable for it to the Assembly; neither
would [he] have expected from his Lordship such an undeserved censure.

Lowdoun answered—That it was ane great wrong that the Moderatour should
be upbraided by any for preferring the publict weill, and the effaires
of the Assembly to any mans particular.

Mr David Dick said, That God will trouble the impeaders of his owne
work.

This was like to have drawen to a great heat if the Commissioner had
not prevented it by commanding them to silence.

The 84 Commission from Ruthentoun was read; 85 from Arbroath; 86 from
Montrois; 87 from Arbroth toune; 88 from Mernes; 89 from Aberdeine;
90 from the Colledge of it; 91 from the toune of it; 92 from Die; 93
________________________; 94 from Ellon; 95 from Turreff; 96 from
Kincardine.

       *       *       *       *       *

Sess. 5.

[November 25.]

After in calling vpon the name of God,

The Clerk went forward in reading the rest of the Commissions; and
the 97 Commission, Garrioch, was first read, and billes of Complaint
given in against the Commissioner, containing reasons why he should not
be receaved as Commissioner, and was referred to tryell. The 98 from
Fordice; 99 from Bamff toune; 100 from Elgin toune; 101 from Strabogie;
102 from Forres; 103 from Forres toune; 104 from Innernes; 105 from
Innernes toune; 106 from Chanrie of Ross, and a protestation against
it by Sir John MᶜKenzie; 107 from Tayne; 108 from the Toune of it; 109
from Dingwall; 110 from Sutherland; 111 from Cathnes; 112 from Orkney,
from Patrick Smyth of Braco,[137] and it was castin, being found nather
from a Presbitrie, burgh, nor subscriving Minister.

The Moderatour said—Now the whole Commissions are read; and of all
there are onlie 13 contravertit; and we have now reason to praise
God, that, be the silence of all that are present, the rest of the
Commissions are approven, and that, in Gods singular favour, we have
place and power to voit and treat of all matters that shall come before
us. As for these controverted Commissions, it is now tyme we should
examine them.

The Commissioner said—If ye proceed to examination, I shall adhere to
my former protestation of libertie to object against any Commission in
my owne tyme.

My Lord Rothes answered—It is now fittest tyme.

The Commissioner answered—I find not yet my fitt tyme to make any
objections, but seeing tyme reserved to me I will choose it.

Then the Moderatour said—Let the Commissions which are in question
be discussed, and begin at the Presbitrie of Peibles, given, October
first, to Mr James Bennet, and Laird of Posso, subscryved be the Clerk.

The Commission was read, and a protestation against it, alleadging that
that election was not free, for many reasons.

My Lord Traquair craved libertie to speake in defence of that
Commission: and

The Moderatour required that he should speake of the Minister who gave
in the protestation, with a respect due to a Minister of Jesus Christ,
till he was declared infamous.

My Lord Traquair answered—That he had no purpose to reckon for the
tyme, but would referre the challenge against him to the Presbitrie;
only craved libertie to regrat that so unjustlie he was brought upon
the stage, seeing he did attest all the witnesses that were present at
the outgiving of that Commission, that he did carry himself humblie and
modestlie, as became a good Christian, intending nothing but a free
and peaceable election; and that he did not utter any crosse word, or
a word smelling of passion or discontent; and he attested God that
the matter was as he said. Then he declaired that there was a formall
process [extract] of that election in the hands of the Clerk of the
Presbitrie, which, being produced, would make it cleare how unjustlie
he was accused; which process he promised to produce the next day.

The Moderatour answered—If the process come from ane honest hand, and
be clearlie and formallie deduced, it shall have faith; and, if the
pairtie protester against the Commission can prove the contrare be
sufficient witnesse, he also must be heard.

Mr Lord Traquair answered—It is hard to heare witnesses agᵗ a eldar,
and formal process given in by a famous Clerk in writt.

The Moderatour asked at Mr Robert Ellot, (who gave in the
protestation,) what he could say? He answered, That it was a vyld
imputation layd to his charge, that he should be ane vnjust accuser of
such a nobleman; but, sayth he, if I have done no evil, why am I called
a basse, ambitious, brybbish boddie, in the hearing of this reverend
assembly? But I passe it, seeing my Lord was called a Carpenter, a wine
bibber, and ane enemie to Cæsar, and that he had a divel; yet I have
said nothing as a libeller against my Lord Traquair, for I was readie
to spend my life in his service; and I judged that he should have lyked
the better of me, that I should have protested against any thing which
seemed to prejudge this Assembly.

The Moderatour asked if the protestation made against that election was
made in a Clerks hearing before witnesses, and if it was written and
marked?

Mr Robert Ellot answered—That he protested openlie, and desired to be
so heard, but it was refused.

My Lord Traquair answered—The process in the Clerks hand will clear all
which is ordained to be produced; and if, after tryell, I be proven
not to have been ane intruder of my selfe, or ane indirect dealler,
seeing I walked so circumspectlie, I crave the wrong done to me may be
redressed; for, before God, there is not a circumstance of that which
is alleadged true.

The Commissioner answered—If he should continue in his office, he
should have the wrong redressed: if not that, he should deale with any
to occupy his place.

To that end, my Lord Rothes said—If there be wrong on his parte, the
censure of it is competent to this Assembly.

The Commissioner said—I intend not to derogat any thing from the
authoritie of this Assembly, but rather would contribut unto it, and
preserve it in its oune integritie. But I would not that the Royall
authoritie should so suffer that ane officer of Estate, being accused
unjustlie, and so wronged, should not be repaired according to Justice.

My Lord Rothes said, that the tryell of this alledged wrong is only
competent to this Assembly.

The Commissioner answered—I doubt not but the Assembly will doe to my
Lord Traquair what is right; but I speake of the King’s right, and I
know the Assembly may only judge in ecclesiasticall matters.

My Lord Traquair said—I declyne not the Assembly as judges in this
matter; for I am content to subscryve ane blank paper, to be filled up
by the Assembly; yea, I darre remitt the tryell of it to any Member of
the Assembly.

The next Commission that was examined was from the Colledge of Glasgow
as singular, containing four Commissioners, when other Colledges hath
but ane, according to the act of Assembly.

The Principall, Doctor John Strong, craved the production of the Act;
and after that the Act was considered, it was found that Colledges
could have no privilidges above a Kirk, and therefore, ane act was
sett downe, that ane colledge should have but ane voit in ane Assembly.

The 3d Commission from the Colledge of Glasgow was layd by till the
Commissioner should find a fitt tyme to object against it.

The 4 from the Presbitrie of Ross. It was objected against it that
it was onlie ane parte of the Presbitrie of Irwing, and it was
acknowledged to be so of old, but was now disunited by the Bishop of
Iles, as was alledged; but becaus it was not clearlie instructed,
neither yet had beene in use to send Commissioners to former Assemblies
as a presbitrie constitut, It is ordained that the Commissioners now
sent shall have no voit in this Assembly; and becaus of ane large
distance of place, and sea betwixt it and Irwing, it was thought fitt
that hereafter it shall contribut a presbitrie of itselfe.

The 5 Contraverted Commission from the Presbitrie of Brechin, which
after reasoning much too and fro, the tryell of it was referred to a
particular committee—

  Masters Andrew Ramsay,
  David Dalgleesh,
  James Bonar,
  John Robertsone,
  Robert Douglas,
  Alexʳ Somervell,

with power to them to take the oathes and deposition of the thrie
Ministers Commissioners for clearing the matter, and reporte the
diligence to the Assembly.

The 6 Commission, from Kincarden presbitrie, was examined; and being
found that the Commissioners were not elected in the ordinar Meeting
place, nor in the ordinar tyme, but only by the Bishop in ane uther
place, and ane uther tyme, and without the consent of elders, and
without the knowledge of particular Kirks, therefore it was rejected.

The 7 Commission, from the Presbitrie of Aberdein, after tryell, was
approven, and Mr James Harvie and Doctor Barrons was rejected, as done
nather in place nor face of a Presbitrie, without any advertisement
to the congregations, and being only subscrived at that tyme by
themselves, who wer Commissioners, and by thrie uther Ministers
thereafter, in their owne houses.

8. Anent the Commissioner of Garrioch, Mr Androw Logie, sundrie
complaints being given in against him, wer remitted to a
Committee—viz., Mr Andrew Cant, Mr James Martine, Mr Thomas Mitchell,
and Dr Guild.

9. The two Commissions given in from the Chanrie of Ross. The Laird of
Tarbet produced ane Instrument against Mr Thomas MᶜKenyies Commission,
and assured the uther lawfull Commissions were comeing. The said Mr
Thomas being rejected, produced a protestation against the Constitution
of this Assembly of Ministers and elders.

My Lord Rothes asked instruments, and protested that such a Complaint
and protestation was given in by the said Mr Thomas. The Commissioner
also tooke instruments of the production of it.

Mr Andrew Ramsay offered presently to prove from Scripture, antiquitie,
consent of uther reformed Kirkes, standing practices of our aune Kirke,
and bookes of Assemblies, that ruling Elders are lawful and necessar
Members of ane Assembly.

The Commissioner, acknowledging his owne weaknes for disputeing of that
question, promised, in a convenient tyme, to bring foorth some who
would dispute against ruleing Members, as no lawfull Members of ane
Assembly.

The last question, about the Commission from Orkney was declared null,
having no consent of Presbitrie, nor subscription of ane Minister,
toune, nor colledge.

The Moderatour answered—Now the whole Commissions are examined, and
found good, except some few. It is now expedient that the sufficiencie
of the Kirke Registers be cleared, that they may be declaired
authentick.

The Commissioner answered—It is a good work; but I have some scruples
not yet removed.

Then, said the Moderatour, Let some be appoynted for tryell of the
Registers; for the Assembly being now fullie constitut, after the
examination of all contraverted Commissions, may give their Commission
for tryell of the Registers, and let their testimonie anent the
perfection of the bookes be given in the morne.

      Masters           Masters
  Andrew Ramsay,    John Adamsone,
  John Row,         James Bonar,
    Robert Murray,
    Alexʳ Gibsone, yoʳ of Durie,
    Alexʳ Wedderburne, Clerk of Dundie,
    Alexʳ Pearsone, Advocat; with such uthers
  as they please to joyne with themselves.

       *       *       *       *       *

Sess. 6.

[November 26.]

After in calling upon the name of God,

The Moderatour said—Let us begin where we left, at the tryell of the
record of Assemblies. There was a Committie appoynted yesternight to
give in their testimonie anent the authentickness of the Registers. If
it please your Grace, let their answer be heard.

The Commissioner having assented,

The Moderatour called upon these who wer appoynted for the examination
of the Registers, to report their testimonie.

Durie said—Please your Grace and this reverend Assembly, We shall
either give in our reasons be word or writt.

The Commissioner said—I desire to heare them give them in any way ye
please.

Then the reasons of the authentickness of the Registers were given in
be writt, and read by the Clerk.

The Moderatour said—Please your Grace, here is the testimonie of these
that have skill in trying the Registers better nor any here present can
relate. Hes your Grace gottine satisfaction?

The Commissioner answered—Verillie it is a matter of verie great
importance, and there shall be no man more glad nor I, to see the
Registers of the Kirke found reall, and proven to be authentick. I am
far from contradicting anything these worthie gentlemen hath done; for
it were impertinent so to doe. I can say nothing at the first hearing
of a paper read; but it may be, that many scruples come in my mynd
concerning them; yea, I have alreadie, whereof I am not resolved. This
is the first tyme that ever I heard it read, and, therefore, I cannot
give my judgment of it. I must confess my ignorance in thir things;
and, therefore, I must be verie loath to give my assent or approbation
to anything wherein I am not both clear and persuaded.

The Moderatour said—Hes your Grace any scruples to propone for the
present?

The Commissioner said—I must think upon all before I propone them.

The Moderatour said—I would desire this reverend Assembly, that if
there be any here, noblemen, gentlemen, ministers, that if they have
any thing to say agˢᵗ this information concerning the authoritie of the
Registers, that they would propone them, either now by word, or in a
short tyme by writt, that this Assembly may make a declaration that
they are authentick; and, if no objection be made against them, we will
take your silence for an approbation of their authoritie. If ye have
any thing to say, bring it foorth presentlie; if not, produce it in
writt against the morne.

The Commissioner said—I am verie confident that there is not the
Regents hand writt.

Durie answered—If it was not his hand writt it wᵈ have _sic
subscribitur_, as all uther copies uses to have. I will not affirme
that everie reason given for proving the authoritie of the bookes is
unquestionallie good; but _que non prosunt singula, multa juvant_. I
daresay this farre: all the Registers of Sessioun, Counsell, and pryme
judicatories of this kingdome, are alse farr short of the Registers of
the Kirke, as these Registers are short of these things treated here.

The Commissioner said—Truely, sir, I cannot but acknowledge these
reasons hath cleared verie much, and verillie they have removed many
scruples that myself had before the hearing of them; so that I will not
contradict them: but I still doubt if that subscription be the Regents
hand.

Moderatour said—If there be any brother that has any copie of James
Richie, or John Gray, clerk to the Assembly, their hand writt, let them
produce, to give farder information to confirme this information; for,
possiblie, some minister or uther that hes some record that may give
testimony and approbation to this hand writt.

Then Mr John Row produced ane copie of severall acts of the booke of
Policie, written be the said Mr James Richie, and subscryved with his
hand; ane uther brother of the Presbitrie, which he had keeped himself
now 52 yeares; and the hand writt of the Assembly Booke and the Copies
being compared, and seene be the Commissioner himself, they were
acknowledged to be ane hand writt.

The Moderatour said—If any man have any thing to oppose against these
bookes, let him now bring it foorth, that ane Act may be made; for, if
no man produce anything, they will be acknowledged be the Assembly to
be authentick hereafter.

       *       *       *       *       *

Then the Moderatour, professing his owne insufficiencie for so weightie
a charge as was now layd upon him, craved that some assessours might
be nominat to joyne with him in a privat conference for ordering of
matters to be proponed in Assembly.

The Commissioner answered, that he would not oppose any laudable
custome of former Assemblies; but let the Clerk and Lord Register mark
that my assent be no wayes prejudiciall to my masters right.

Mr David Dalgleish said—I have seen Assemblies of old, and such pryme
conferences, according to my poore observation, hath wrought great
prejudice to the Kirk; therefore, I would wishe that all were done by a
voluntar consent, and by the concurrance of the whole Assembly.

Moderatour answered—Please you, the advice of the Privat Conference
has done harme to the Assembly, but not the use and institution; for,
of its inowne nature, [it] is very helpfull. They aught, deed, to
keepe themselves within their owne bounds, and doe nothing that may be
prejudiciall to the Assembly; but doe yee think it is possible for a
man to propone matters for so great a meeting without assessours?

The Assembly declaired, there needed no Act be made for assessours,
but that the Moderatour may choose at his owne discretion, some few to
assist him in the ordering and proposition of matters; whereupon the
Moderatour nominat—

  Mr Hary Pollock, Minister at Edinburgh.
  Mr John Adamsone, Principall of the Colledge thereof.
  Mr David Dick, Minister at Irwing.
  Mr David Dalgleische, Minister at Coupar.
  The Earles of Rothes and Montrois.
  The Lords Lindsay, Lowdoun, and Balmerino.
  Sir William Douglas of Cavers.
  The Laird of Keir.
  The Laird of Haughton.
  James Cochrane, burges of Edinburgh.
  James Fletcher, Provest of Dundie.
  Mr Robert Barclay, Provest of Irwing.

My Lord Lowdoun said—Please your Grace, these assessours are only to
advise what is to be done first, and what next, for greater expedition
and acclerating of buseinesse.

The Commissioner said—I have alwayes bene carefull to eschue the
speaking of any thing that might impede this great and good worke, and
so shall I still be; yet must I be carefull that my silence be not
prejudiciall to my gracious Master and Soveraigne; and, I hope neither
your disposition, nor any here present, intends any wrong be what they
say or doe, to auctoritie. But I have bein told that the overtures and
proponing of matters doe principallie belong to his Majestie, what he
thinks fitt to be agitat in the first place, in the midle, and in the
last place; therefore I cannot passe by my just protestation, that this
prove no wayes prejudiciall to my Masters service, and I receave no
imputation by saying nothing. Whereupon his Grace tooke protestation.

The Moderatour said—Your Grace needed not to have protested, seeing the
Assembly was content that everie thing done in the Assembly should be
done with his Graces consent.

My Lord Rothes protested that the ordering and proponing of matters
pertained only to the Moderatour.

The Commisioner said—Indeed I am well pleased to heare that from yow;
but I must be carefull of my Masters right; and I hope it shall be
seene to future ages that I have bein ane honest and trustie servant to
my good and gracious Master.

The Moderatour desired his Grace to condiscend upon an houre for the
Meeting of the Assessours formerlie nominat, and said it was the
custome to meit in the Morning before Sermon.

The Commissioner said—I am told that the tyme and place uses to be
appoynted be his Majestie or his Commissioner, who was alwayes present
at these privie conferences; and therefore I protest that I be present
at them all.

The Moderatour said—We shall be verie glad of your Graces presence and
assistance; for we hope your Grace will be a helpe and not a hinderance
unto us. Therefore lett us know the tyme and place which seemes to be
most convenient, that the tyme be conforme to the dyet of this Assembly.

The Commissioner said—When my leasure can serve, I shall be readie to
give attendance.

The Moderatour asked the opinion of some of the brethren. Mr Robert
Douglas, Mr James Bonar, Mr Andrew Cant, Mr John Bell, said, that the
tyme might be appoynted by the Moderatour; but it must be advertit
that nothing be determined in these privie conferences, nor any thing
prejudiceall to this free Assembly; but only that matters be ordered
and digested be them, that soe things might be rightlie proponed in the
Assembly.

The Moderatour said—I was present at these Conferences, at ane Assembly
in Aberdein In 1616, and they tooke very much upon them, for all
matters were concluded and determined; that the privie Conferences satt
3 or 4 houres, and the Assembly satt but ane houre, and intimation was
only made in the Assembly of their Conclusions, and the Assembly was
asked if they had any thing to say against it; but I hope they shall
hold themselves within their bounds.

The Moderatour said—There uses some to be naimed for receaving of
papers and billes that are to be given in, becaus it will not be
convenient that the whole Assembly be troubled with everie particular
complaint; therefore let some be nominat for vieuing of the Billes,
that hes best skill in matters of this kynd, that they may report to
the Assembly, what is pertinent to be handlit here, and what not.

The Commissioner said—There is nothing that hes bein the order and
custome of Assemblies but I shall heartillie consent unto it.

The Assembly appoynted for receiving of Billes, &c.

The Moderatour desyred that the rest of the Commissions that were not
cleared and approven, might now be examined; and first he desyred to
hear the report of these that were on the Commission for Brechin. They
answered that they were not sufficientlie instructed.

The next was Commission from Peibles.

My Lord Traquair said—For clearing of the sufficiencie of this
Commission, ye may see the whole process under Mr Patrick Purdies hand,
Clerk to the Presbitrie, who is here present.

Mr John Bennet said—We, the Commissioners of Peibles, have hitherto
been silent; now we desyre to be heard, and that this reverend Assembly
would take this matter to their Consultation; for here is ane whole
Elderschip accused by ane man, whereas the Scripture sayes—“Accuse not
ane elder but under the testimonie of two or three witnesses;” and this
Man, ane of our bowells, of whom we expected better things, hes now
brought us on the stage, and spitted on our face, and brought us in
suspition, by surmizing speaches, and open challenges; and this he hath
done under pretence of zeale for the freedome of this Assembly, quhilk
God forbid we should prejudge. We are heir, Men, haters of vyce and
lovers of veritie, willing to give all our concurrance to everie good
worke.

The Moderatour said—It is not an accusation, but ane Protestation; and
it will appeare by the determination of the Assembly, whether he hath
done wrong or not.

My Lord Traquair said—I know certainly they have a Commission most
warrantable; but since now it is contradicted, I submit myself to the
judgement of the Assembly; and I crave that the whole proces may be
read to the Assembly, that it may be knowne on whose parte the fault
is; and if it doe not clearlie improve what Master Ellot hes said,
and make good what I have said for myselfe, or if there be a syllable
or circumstance of that quhilk he alledges true, or if ever I have a
thought in that kynd, I were not worthie to come amongst Christians,
let be to come here; for it is impertinent, if not impudent, for a
man to intrude himselfe in such an action as that which is against
all conscience and dignitie. But I propose not now to use any
recriminations.

Mr Robert Ellot said—My Protestation is not accusation or challenge
against any mans persone, but agᵗ the informalitie of the election of
the Commissioners, least this Assembly should be challenged afterward
for admitting such a voice in matters as was not instructed with
sufficient Commissions. Alway I am sorry that my Lord Thesaurer should
be offendit. I thought his Lordship should not have been offendit;
for, God is my witnesse, I neither intendit, neither have I given any
occasion of offence.

My Lord Traquair said—I submitt to the judgement of this honourable
company, if this be not rather an accusation nor a protestation, and
that in a high streame, challenging me for intruding myselfe in that
bussines after so unjust a way; but neither this assertion nor myne can
take away ane judiciall act. I hope both our partes shall be cleared be
the Proces quhich must have faith, except ye will offer to improve the
writt, and prove the Clerk to be false.

The Moderatour said—It is possible he may give some information for
himselfe, which will not contradict but may subsist with the proces.

Then the proces was given to the Clerk and read.

Traquair said—I doe not say but my judgement may differ from Mr Ellots
or any other mans; but if thare hes been any illegall way usit by
me, I am readie to answer according to law and reason; but if his
judgement doeth not goe alongst with me, I hope this will be no reason
to condemn myne for it; and when this honourable meeting hes considered
this proces, if they be not satisfied, I will submitt myselfe to their
judgement.

Moderatour said—That Mr Ellot had nothing to say against the proces;
quherupon the Thesaurer tooke Instruments, that Mr Ellot acquiesced to
the trueth of the proces.

My Lord Yester requyred that these who were present might be asked
concerning that quhilk Mr Robert had alleadged; for he sayes nothing
contrare to the proces, but something more nor is in the proces. And
he hath given in a protestation only, and not ane accusation; and when
I posed him straitlie, what moved him to give in the protestation, he
tooke God to witnesse that he did it out of conscience and love to the
good of the Cause.

Traquair said—My Lord, let me speake as good friends and Christian
subjects ane to another.

Yester answered—I desire earnestlie it may be so; but it may be I
cannot speake so pleasantlie to your Lordship as I would, be reason of
this throng about.

Traquair said—I take it to be a clame and accusation against the
formalitie of the election; and what is in the proces, I remitt it to
the judgement of the Assembly, and if any thing be called in question
which the proces cannot cleare, I shall justifie ane uther way.

       *       *       *       *       *

Sess. 7. 29 Novʳ 1638.

After in calling upon the name of God,

The Moderatour said—We left at the testimonie which was given by
skilled men who wer appoynted for trying of the Kirk Registers, and
their testimonie was read in your hearing; and we requested all to
bring in this day, their objections and scruples concerning these
registers: now we crave that ane who pleases would object; for if
no man object, an act or record will be insert in the bookes of the
Assembly, declairing that these bookes are authentick.

The Commissioner said—No man here shall have greater joy nor I, to
heare the registers of the Kirk perfyte, and no man shall contrubut
more to it then I, being a matter of so great importance or weight; for
upon the acts set doune in these bookes very much depends. But becaus
ye have heard [objections] be the Lords of Clergie made, and their
adherents, against the legallitie of the proceedings of this Assembly,
I am tyed yet to say somewhat; and I am sorrie that I must protest
against that in word which my heart desires not. Sore greeved I have
reason to be to protest against so good a work as is the restoreing to
the Kirk of her records; yet considering many causes which now I will
not expresse, I am forced to protest against it: ffor albeit these
bookes may be found authentick be the consent of this Assembly, yet may
I doe nothing which may import either his Majesties assent to it or
myne; and therefore heir I make protestation against.

The Moderatour said—We only crave the Assemblys approbation; and if the
pretendit Bishops or any uther will take upon them to improve these
bookes, or any parte of them, they shall be heard. It is pittiful there
should be such a rent in our Church, so fearful, and that any point of
the cause of it shall be imputed to authoritie, if we consider what a
sweete unitie was ance in this Kirk. To clear this unitie, I will read
a testimonie out of the preface of the booke called “The Harmony of the
Confession of the Reformed Kirkes.” After the reading of it in Latine,
he exponed it, shawing the rare priviledges of the Kirk of Scotland
beyond other Kirkes; that for the space of 54 yeares it remained in
puritie of doctrine and discipline, without any errour or schisme,
and gave a reason of it; becaus the Kirk of Scotland was reformed in
doctrine and discipline according to the word of God: so it is clear,
the Kirk ance had unitie, and it is clear also by what meanes and
Instruments schisme hes come in.

The Commissioner said—I pray God the Kirk may enjoy this puritie 40,000
yeares more, if the world should endure so long; yet I must protest,
in more pathetic words, against the authoritie of these bookes (for I
did it in modestie before); albeit, I would give my estate and venture
my life in furthering the Church to be restoired to her registers; but
becaus of the manyfold exceptions I have against the way of the meeting
of this Assembly, and against sundrie persons which are Members of it,
I protest heir, that neither the Kings Majestie nor the bishops be
wronged be any act in these bookes, and that they are not obleist be
the acts of any booke, which is not subscryved be the Clerk of Aberdein.

My Lord Rothes said—Your Grace promised to propone some scruples
against these bookes, wherin your Grace was not yet satisfied, which
we desyre to heare; for they are found, of all who have tryed them,
comparatively authentick, and utherwayes also.

Moderatour said—We are sure if his Grace had perused these bookes, he
would approve them also.

The Roll being called be the Clerk, the Moderatour asked if the
brethren did approve the registers? Who answered that they did; and
desyres that reasons of the approbation might also be insert in the
bookes of the Assembly, and that there was not any protestation made
be his Majesties Commissioner. They desyred also that the Bishop of Sᵗ
Andrews might be summonded for the production of these bookes which are
wanting.

The Moderatour said—Ye heard of a declinatour given in be the
pretendit Bishops and Archbishops, containing many divers crymes and
challenges agᵗ the Members of this Assembly; therefore it is desyred
that some paper may be read containing some answers to many pointes of
their declinatour, and not a full answer, such as shall be given in
hereafter; only this shall serve to give some answer, &c.: which two
papers being read be the Clerk,

The Commissioner said—I did not expect an answer to the Bishops
declinatour and protestations, seeing the declinatour was only
presented to me, wherefore ane answer from the Assembly was needless.

The Moderatour answered—The inscription of the Declinatour sayth, “A
Declinatour to be red before the Assembly,” and therefore ane answer
must be given be the Assembly.

Rothes said—There is no more pertinent matter to be handlit in the
Assembly then that declinatour, which in it hath so many criminations
against the Members of it, and alleadges wronges in the Constitutions
of it.

Mr Andrew Ramsay said—Your Grace hes als good reason to answer and
object against the bishops declinatour as any in this house; becaus
in it they declyned the Kings Grace and his Commissioner, be thrie
testimonies cited be them, and will not suffer him or any other King
or Emperour to hold voice in Assembly, saying, “Nemo preter Episcopos
debet se ecclesiasticis protractibus immiscere.”

The Commissioner said—I thinke they have no intention to declyne
the Kings Majestie as judge, seeing sundrie pairtes of their paper
declaires their reverend subscription to his Majestie. But I will not
wrong these reverend Lords be my disputing of their cause, who am so
insufficient for it; but if I thought they intendit any prejudice
against my Master and soveragne, I would protest als soone agᵗ them as
any.

Then the Clerk was desyred to read some answers made to the Prelats
and some Ministers objections in their declinatour and protestations
against ruleing elders had any voice in the sentence of excommunication.

The Moderatour answered this—The Presbitrie hes it, and they as members
of the Presbitrie. Further, he said, these papers being unperfyte, and
not having fully exped all that is to be answered to be the bishops
declinatour and protestation agᵗ Elders, there is the more to be
expected; and in the meanetyme we are obleist to God that the lyke
declinatour and objections wer given in be the remonstrances against
the Synod of Dort; so that we neid no uther answer to the bishops
objections then these the Synod of Dort made to these remonstrances.

Then the Moderatour red the answer out of the booke of the Synod of
Dort, and said, this is _Judicium Theologorum magne Britanniæ_.

The Commissioner answered—Heir is a man by me, who desires to make
answer of that which ye have red from the Synod of Dort.

Balcanquell asked libertie to speake, seeing he was not a Member of
the Assembly; pleading so farre, of the caice of the remonstrances and
our bishops was different in two maine respects—therefore the same
answer could not serve the bishops declinatour, which was most valide
agᵗ the remonstrances:—first, becaus the matter of the remonstrances
accusations was anent points fundamentall, such as election upon
foirseene faith,—universalitie of Christs death, and co-operation of
Gods Grace with our will—resistabilitie of Grace,—the finall apostacie
of the saintes: in which pointes, and uthers of that nature, are all
bound, under the paine of damnation, to betake them to the one syde;
and therefore the remonstrances could not justlie declyne the Church
of the Low Countries in questions of that nature, though they had
before that Synod, cleared themselves to the contrarie; for if any such
exceptions are of force to declyne a Nationall Assembly, of necessitie
they behoved to be referred to the judgement of strangers; but the
questiones in the Church of Scotland were not anent fundamental poynts
of religion, which, by our Confession, are declaired to be eternal and
unchangeable, but anent matters of policie and order, which the twenty
first article of our Confession shawes to be alterable. Secondly, he
excepted that the Kirke of the Low Countries had not before that Synod,
bund themselves by oath and subscriptioun, against the doctrine of the
remonstrances, as we in the Kirke of Scotland had done against the
bishops, and the causes depending betwixt us and them.

The Moderatour said that it was a questione of great difficultie, to
decerne what pointes are fundamentall and what not; and, if this whole
Assembly were sett to it, it would take them to the morrow at this
tyme. Secondly, That Synod of Dort did not pronounce these pointes
controverted betwixt them and the remonstrances to be hereticall, but
only to be erroneous. Thirdly, Doctor Feild, and uthers, distinguishes
errours in two fundamentall poynts about the foundations of these
that are more remote, and _preter fundamenta_. In the first sort,
meir ignorance was damnable, but, in the third, obstinacie, as Doctor
Feild instances Pauls cloake, what became of it, or whether Onesimus
was Pauls Servand now. Now the Moderatour assumed that Dr Balcanquell
would not affirme that sinne ignorance of these pointes of Arminianisme
was of the selfe damnable. Fourthlie, Our Church holds, that all the
maine poyntes of her discipline ordour, were warrantable by the word
of God; and that, be God’s grace, we are able to prove it to be so;
for the second article of our Confession, declareing Ceremonies to be
alterable, it is to be exponed only of the circumstances of the tyme
and place.

Mr David Dalgleish addit two answers farder:—1, Antient Counsell had
proceedit, and finds themselfes competent judges, even when matters
of inferior degree are questioned, as in the questions of Novatus and
Danatus. 2, That the Bishops wer indytit for poyntes of heresie, such
as the Doctor acknowledged to be fundamentall poynts—to witt, poynts of
Poperie and Arminianisme.

Then the Moderatour said—Seeing, in Gods providence, this Contestation
is tymeouslie fallen in, it is fitt that this Assembly should voice,
whether they find themselves competent judges to the pretendit Bishops,
notwithstanding of the Declinatour and Protestation?

The Commissioner said—I find in myselfe a great contrarietie—causes
of joy, but greater causes of grieff; causes of joy, that I am able,
before God and all that heares me, to make good all the whole offeris
his Majestie hes made to this Kingdome, be severall proclamations
and declarations, and more also. But I have sorrow that I cannot
goe on so as to bring matters in hand to such ane peaceable end as
I would; therefore, before ye proceid further, I will renew all my
protestations, made in name of my Master, and Lords of Clergie, here. I
will present unto yow his Majesties gracious pleasure, signed with my
owne hand by his warrand.

Then the Clerk tooke and red it, and it containes a discharging of
the Service Booke, Booke of Cannons, High Commission; ordaines the
5 articles of Perth to be no more urged, and gives libertie to the
present Assembly to represent their judgment of these articles to the
next ensueing Parliament; and that no oath be taken of ministers but
that which is insert in the Act of Parliament. It promises Generall
Assemblies to be indicted als oft as shall be found expedient. It
showes that his Majestie is content that the bishops be censured be
the Generall Assembly, and that he intends no change of Religion.
It hath a command to subscryve the Covenant and band made 1580 and
repeited 1589. After the reading of it,

The Commissioner said—Now, I hope all these to all aspersions, anent
change of religion, are declared to be unjust; so, if any change of
religion had bein intendit, this Assembly had never been granted, nor
yet these offers made unto yow. I am entrusted with a full commission
for the preservation of religion, punishing of vyce, and to consider
of all the just exceptions against the Bishops and Episcopacie, and
have power to rectifie all the abuses of that office, so farr as that
sort of government may still remaine in the Kirk, as government not
contrare to the word of God; and anent the practice of this and uther
churches, I have power to limite it so, that it shall not be able
to wrong the church; and, if they wrong it, they shall be punished:
yet, my commission is more ample than I will expresse. But, seeing I
have not found that respect dew to ane Commissioner, and know what
prejudicat opinion these here hes of me present, and, when I consider
what directions were sent from the Tables of Conveiners of Meetings
at Edinburgh to presbitries, be noblemen, gentlemen, ministers, and
uthers, it gives me just occasion to declair, that I can give no
consent to any thing that is heir done; and to cleare what I have said,
I present heir two uther papers, ane sent from the Table at Edinburgh
to presbitries, the uther from persons to their friends, and I desyre
they may be red. I cannot designe the men who sent these papers; but
sure I am these papers are sent, dispersed through the kingdome, and
that mens proceedings are according to the directions of these papers;
for there is not a Commissioner chosen but Covenanters, or, if any
uther be, there is a protestation against him, or else they are chosen
becaus none other could be found. I find, also, ane absolut resolution
to mentaine the lawfulnes of the election of ley Elders, to voit here,
and the election of ministers by ley Elders, and everie thing in this
Assembly going on contrare to the practice of all former tymes and
positive lawes of this kingdome: Therefore, I can acknowledge nothing
to be heir done by the voit of such men. In the meane tyme, I desyre
that this declaration of the Kings will, may be insert in the Bookes
of the Assembly, as ane testimonie of his Majesties sinceritie in
religion, and that he hath no intention of any change in Religion, and
is readie to perform all that is here promised, and what further may
conduce for the peace of the land, and especiallie, that Assemblies
shall be indicted als oft as the affares of the Church shall requyre.

       *       *       *       *       *

_The Moderatour his Speach to the Commissioner his Grace._

It weell beseemeth us, his Majesties Subjects, conveened in this
honorable Assembly, with all thankfullnes, to receave so ample a
testimonie of his Majesties goodnes, and not to disesteeme of the
smallest crumbes of comfort that falles unto us of his Majesties
liberalitie. With our hearts doe we acknowledge before God, and with
our mouth do we desyre to testifie to the world, how farr we think
ourselves obleist to our dread Soveraigne; wishing that the secrete
thoughts of our hearts, and the way wherein we have walked this tyme
past, wer made manifest. It hath bein the glorie of the reformed
Churches, and we accompt it our glorie after a speciall maner, to
give unto Kings and Christian Magistrats, what belongs unto their
places; and as we know the fifth command of the law to be a precept
of the second table, so doe we acknowledge it to be the first of
that kynd; and that nixt to pietie towards God, we are obleist unto
loyaltie and obedience to our King. There is nothing due unto Kings and
Princes, in matters ecclesiasticall, which, I trust, by this Assembly,
shall be denyed unto our King: ffor, beside auctoritie and power in
matters civill, to a Christian King belongeth, _first_, inspection
over the affaires of the Kirk, _et debet invigilare_ not only _super
ecclesiasticis sed super ecclesiastica:_ He watcheth not only over
Kirkmen, but over Kirk matters. _Secondly_, The vindication of Religion
doth also belong unto the King, for whom it is most propper, be his
Majestie, to vindicat Religion from contempt and all abuses, he being
keiper also of the first table of the law. _Thirdlie_, The functions,
also, are in his Majesties hand, to confirme, be his royall auctoritie,
the Constitutions of the Kirke, and to give them the strenth of a law.
_Fourth_, His Majestie also hath the power of Correction: he both
may and aught compell Kirkemen in the performance of their dueties
which God requires of them. _Fifthly_, The Correction, also, must be
from the Prince, who hath power from God to coerce and restraine them
to his terrour and auctoritie, from what beseemeth not their places
and callings. _Sixth_, The Christian Magistrat, also, hath power to
convocat Assemblies, when they find that the urgent affaires of the
Kirk doe call for them: and in Assemblies when [they] are conveened,
his power is great, and his power aught to be heard—first, as he is a
Christian, having the judgment of discretion in all matters debateable
and contraverted; next, as he is King or Magistrat, he must have the
judgment of his eminent place and high vocation, to discerne what
concernes the Spirituall weill and Salvation of his Subjects: and,
third, as a Magistrat singularlie gifted with more then ordinarlie,
gifts of knowledge and auctoritie; and we heartilie acknowledge that
your Grace, as his Majesties high Commissioner, and representing his
Majesties Royall persone, hes a cheefe place in this reverend and
honorable Assemblie—first, as a good Christian; next, as ye are his
Majesties great Commissioner, and third, as ane endued with singular
graces, and after a speciall manner, fittest for this employment.
Far be it from us to deny any thing that is done to these who are in
supreme auctoritie, or to such as are subordinat unto them and delegat
be them. When Alexʳ the Great came to Jerusalem, he desyred that
[an] Image might be sett up in the temple, which the Jewis modestlie
refuised as inconsistent with the law, which was the law of God, but
libertie offered in their power, and more honourable for the King,
that they would begin the reckonings of the tymes from his coming to
Jerusalem, and would call all the first borne sons be his name. What is
Cæsars or what is ours, let it be given to Cæsar, but [let] the God by
whom Kings reigne, have his owne place and prerogative—be whose grace
our King reigneth and we pray may long and prosperouslie reigne over us.

The Commissioner said—Sir, ye have spoken as a good Christian and
duetifull subject.

The Moderatour said—Indeed we take this to be a free assembly indicted
be his Majesty, and we trust that all thinges in it shall be so
moderat, that the word of God and reason shall seeme to proceed in
everie thing, and that we shall not goe forward ane steppe, but as a
clear light shall be holden out before us; and we trust to make it
evident to all men that we cannot not darre not walke in ane uther way,
and we are hopefull, that such a righteous King as ours is, needs
nothing but to have a clear trueth pointed out before him, and when he
sies it, he shall fall in love with it.

The Commissioner said—I am hopefull that ye will proceed so as ye are
obledged by your oath of alleadgence, and I trust that all his commands
shall be found to agrie with Gods commands.

The Moderatour said—It is our heartie wishe it be so; and we rander to
his Majestie heartie thankes for this Assembly, and we trust that, be
Gods assistance, in nothing shall we pas the bounds of a free Assembly.

My Lord Lowdoun eikit and said—As your Grace hath declaired his
Majesties graceous pleasure, to the contentment of all the hearers, in
condiscending to many points of the petitions of his subjects, for the
which we heir rander, as the Moderatour hath said, heartie thankes; and
we humblie desyre ane copy of the Prelats paper, conteining so many
criminations against us, opposing this lawfull constitut Assembly, that
we may consider it and censure it, and thereafter the giving of it,
according to the word of God and Constitution of this Kirke, may cleare
ourselves of all the imputations layd to our charge.

The Commissioner said—It hath a claus in it, as I remember, bearing
registration; therefore ye may get it.

My Lord Lowdoun said—But we crave that we may have ane copie of it,
with your Graces allowance, out of the Clerks hands.

The Commissioner said—I will not hinder yow to cleare yourself of any
imputation layd to your charge; but I will not suffer yow to goe on in
censureing the prelats as I wishe I might.

My Lord Lowdoun said—We trust that all our proceedings against them
shall be found frie of partialitie.

The Moderatour said—As before I asked if the bookes and Acts were the
rule whereby their faults should be censured, Sir, now I ask if this
Assembly finds themselves competent judges to the Prelats?

The Commissioner answered—If they proceed in the censure of their
persones and offices, I must remove myselfe.

The Moderatour said—A thousand tymes I wishe the contrare; and I
intreat your Grace to heare the voites of this Assembly in this matter,
seeing it belongs to the Assembly to be judge of their Constitutions.

The Commissioner said—I must not wrong myselfe, and much more the great
bussinesse I am entrusted with, if I should argue the question with
such a learned man as yow are; but I thinke it strange, notwithstanding
the exceptions, documents, protestations, and declinatours usit be
me in name of my Master and Lords of the Clergie, that they can take
this matter to the consideration of the Assembly. Surely it is not the
Bishops but the King ye have adoe with?

The Moderatour said—I must yet ask if this Assembly finds themselves
competent Judges?

The Commissioner said—I wish that question mar be deferred this tyme.

The Moderatour said—It is only the fitt tyme to propone this, after the
reading of the declinatour; and I am only a servand to this Assembly,
and can doe nothing at myne owne hand.

The Commissioner said—I can tax your carriage in nothing you have done,
as a wise and discreit Gentleman; but I see now that this Assembly hes
determined to go on for all that can be said; therefore I may no longer
keepe silence, but oppose myselfe unto it.

Rothes said—It seemes that the Commissioners Grace hath exceptiounes
against this Assembly—for two reasons—first, becaus too many ruleing
Elders have voice in it; to which I answer, there are no more nor are
warrandit be the word of God, practice of uther Kirkes, and positive
law of this Kirke; and if that any yet thinke that Elders should not
have voice in this Assembly, alse free as any in former tymes, let them
cleare it be good reason, for we are yet readie to dispute the matter.
The uther exceptioun his Grace seemes to have against this Assembly is,
that he thinkes partialitie will be used heir, and that matters are
determined by us before hand, as his Grace hath laboured to cleare be
his two papers that are red, which are said to come from the Tables at
Edinburgh; but we deny these papers to be ours; and heir I produce the
two verie true papers which came from us, which have no thing in them
so absurd as is said to be.

The Commissioner said—I excepted not agᵗ your privat, but against your
publict papers.

Rothes answered—There came no papers from ws but these two be me
produced; and if any uthers there be, they are only the advice of
privat men to their privat friends; and if any thing be worth the
challenging in these papers, let the author of them answer for it.
And now we crave and humblie entreat your Grace if there be any
exceptiounes against our former proceedings, that they be declared;
for we are verie hopefull to justifie all we have done to the full,
and that we shall be able to defend all as warrantable: for we never
intendit but to proceed according to the word of God and lawes of this
Church and Kingdome.

The Commissioner said—Your refuiseing to give voit in this Assembly to
the Kings Assessours, is enough to prove the contrare, if there were no
more.

Rothes answered—Their voits is contrare to the Constitutions and
liberties of this Kirke, and therefore our refuiseing must not be taken
in evil pairt.

The Commissioner said—That the Kings Majestie hath bruiked the
priviledge of having assessours to voit in Assembly these 50 yeares
past, and why not in this Assembly, seeing our King hes showen such
myldnes and benignes, and hath not uttered any angrie word since I came
to this Kingdome?

Rothes replyed—As we acknowledge that he hath beene a good and graceous
King, so whatsomever is competent to be done to such a King, shall be
done by us, to witt, at his willing, obedience heartilie prayes and
wishes that he may lang and prosperouslie reigne over us; and if we
doe not so, let not Gods blessing be upon us. But we must so proceed
as this free Assembly be not prejudged, nor the liberties of this
Kirk impaired, seeing we must make answer to ane higher judge. If the
privilege craved were in matters that were in our power, we would soone
have yealded; but seeing they are not, I thinke we should be excused.

The Commissioner said—Seeing ye will not give to our King what was
given be our predecessours, I cannot thinke ye will have that obedience
ye speake of.

Rothes answered—Obey we will, in everie thing dew to his Majestie, be
the word of God and lawes of this Kirk, and shall be readie to thrust
out of doores all such as will be utherwayes. But if that which is now
craved was given in former tymes, not by a right law but by a corrupt
practice, and matters were caried utherwayes in his Majesties absence
then they should when many moe corruptions, as now to be redressed, why
not that amongst the rest?

The Commissioner said—It is enough for us to prove that he had
Assessours.

My Lord Rothes said—Let your Grace say that he had be right, and we
shall agrie to it.

Moderatour said—Thinkes your Grace of these worthie and Noble Lords
that sitt by yow, that this is refuised out of any disobedience to our
King, or disrespect to these Nobles, but from a respect to God and his
Kirke, and these Commissions may verie weill agrie?

The Commissioner said—No man may thinke but our graceous King will
mentaine the liberties of his Kirk in all heartie and sincere wayes as
any of his predecessours, and thinke he nowayes intends to incrotche
vpon the liberties of the Kirk at this tyme, but only to defend it
from the oppression of over-ruleing Elders; and yet I tax no man—for I
have no charge to that end; and if I had, I thinke I have a heart to
execute my Masters Command as ane other Man. But our King, intending
only the maintenance of the puritie of religion in a quyet maner; and,
therefore, I desyre that nothing be put in practice in this Assembly
by ley Elders, which hath beene so long out of practice. If these
Elders should have beene pleased that this Assembly should have beene
constitut, after the late ordinar maner, and than have comed in and
claimed their right to sitt and voit here in a fair way, I thinke it
would have beene granted; for what could conduce more to further a
Kings end, and strengthen his auctoritie in ane Assembly, than that a
number of wyse and learned laymen should have voit in it? But becaus he
intendeth only the preservation of the puritie of religion, he cannot
consent that ane Assembly should consist of such a great number of
ignorant men, wanting abilitie to judge matters to be handlit heir, but
desyred only that this Assembly may consist of the Churches owne pure
Members, that so she may receave no prejudice heir.

Lowdoun said—I perceave the maine objection against the voiting of the
Ruleing Elders is yet urged, and their ignorance to judge in matters
that are to be handlit heir; therefore I offer heir to dispute, that
the office of a Ruleing Elder is warranted by the word of God, practise
of uther Kirkes, and lawes and practise of our owne Kirk, and referris
the decision of the question to the Assembly as the only competent
Judge. The question is alreadie dispute heir be Doctor Balcanquell,
and it is grantit from the testimony of the Synod of Dort, that Elders
have voit in matters of faith, and matters of discipline and order;
and where it is objected that these Elders at the Synod of Dort were
learned and judicious men, able to dispute and treate of the greatest
matters in the Latine tongue, and these heir assembled are not such
for the greater pairt, I answer, it is not alwayes men of the greater
place and learning who bring foorth clearest light in matters that
concerne religion. There are heir a number of Gentlemen and burgesses
of the lowest sort, trained up at schooles and colledges, taught all
the grounds of religion, and able to decerne trueth when it is pointed
forth; therefore—seeing be the lawes and practice of this Kirke, such
hath beene in use to voit before, and we have offered to dispute
the matter yet more—referring the decision of the question to this
Assembly, we hope there is enough said for clearing of our power.

The Commissioner said—It is hard for me to make answer for everie
speach of such a number of learned and understanding men. But, as I
remember, Doctor Balcanquell said not that the Elders of the Synod of
Dort had voice in matters of faith.

My Lord Lowdoun answered—It is true the Doctor made a distinctione of
more and les fundamental poyntes of faith. But that Synod did determine
what was more fundamentall and what was less fundamentall poyntes
of faith; and it is clearlie proven that the Elders had voit in all
matters proponed their.

The Moderatour said to Doctor Balcanquell—Let the question be yet
stated and agitat; for the question now in hand is not, whether the
office of Ruleing Elders be warranted by the word of God—which I thinke
none will deny—but the question is, whether the Elders, according to
the Acts of Assembly and Customes of this Kirk, hes place to voice
heir? And if ye, or any, will be pleased to conferre or dispute the
question, we are ready for it. The Convocation House of England
would not be content that any should say, “Your Church is not weill
constitut;” far les can we heare it said to us; therefore we would
be glad to heare what ye have to say in this question; and if the
Commissioners Grace would stay, we trust he shall heare this and many
uther questiones discussed.

My Lord Rothes said—The Commissioner seemes to take speciall notice of
that expression which was in the Letters from Edinburgh, called the
Tables; as if the Letters from these Tables did import a judicatorie;
therefore I desyre to cleare it. When great numbers were conveined in
Edinburgh from the sense of evills lying in this Kirk, and wer joyning
together in putting up a supplication to the Lords of Counsell, my
Lord Thesaurer taxed us for such numerous Convocations, quhilk as
the Convocation was out of love to Religion, which seemed to be in
hazard, and therefore everie man having onie particular interest,
conveened: we answered, that such a Convocation behoved either to be,
or Commissioners in their name; and your Grace desyred that when ye
came to Edinburgh, that the toune might be emptied of such multitudes;
and your Grace ordained that the schires should convene be their
Commissioners: therefore, when the Commissioners from schyres and
presbitries mett, and sett downe, what absurditie is in it, to call
them so mett, “a Table,” seeing it is not called a Counsell Table, or a
Judiciall Table, such as the Prelats called their Tables? If we called
it a Judiciall Table, let us be hanged for it. A taylors table, sitting
with his men sewing about it—so called a Table—or a company eating at
such a mans table, there is no absurditie in the speache; and we did
not call ourselves “The Tables,” but uthers gave it that name.

The Commissioner said—I except not much against the name of Table;
neither have I spoken any thing in passion against it, albeit I be
naturallie passionat; yet I thank God there hes not much passion
escaped me heir. I have no caus of passion to heare these Meetings
called a Table; for there is passion enough at my heart, that I find
so much power at these Tables, and so little at the Counsell Table—for
it is weill knowen, your positive Counsells are more regarded nor the
Kings Counsell Table. But I forebeare to speake more. I could bring
foorth many moe just causes and exceptions against your proceedings,
but I know they will be to no end; for I feare your prejudged opinion
of all that I can say.

My Lord Rothes desyred that his Grace would bring foorth any one
instance wherein any had failed at that Table.

The commissioner said—Ye know that all the ordour from them hes been
readilie obeyed, but little or nothing from the Counsell Table.

My Lord Rothes said—I know neither direction nor obedience given in
any thing from that Table, but according to the word of God, and lawes
of this Kirk and Kingdome.

The Commissioner said—I came not heir to recriminat, and therefore I
pas it.

My Lord Rothes said—Please your Grace to heare the true directions from
that Table; for, in trueth, I never heard of these given in be your
Grace; and, when ours are read, we trust we shall be found to surrogat
no auctoritie to ourselves.

The Moderatour said—If any good success come from these directions, it
is to be imputed to God, and not to their auctoritie.

My Lord Lowdoun said—I would ask at your Grace, what are these
directions from the Counsell Table, which have not gotten readie
obedience from us? For I know none but such as could not be obeyed for
conscience sake, and that cannot be compted disobedience.

The Commissioner said—I know that all my Masters Commands are
justifiable, and such as good Christians should obey; and I thanke God
for his righteous and clement heart.

My Lord Lowdoun said—We think that your Graces labours hes still turned
matters to the better, and we pray it may be so still, till thir
matters be at ane end.

The Moderatour said—I would ask the voits of the Tables, whether you
thinke yourselfes a Nationall Assembly or not?

The Commissioner said—If I could patientlie continow, I should tell
my opinion; but seeing now my loyaltie and faithfull discharge of my
Commission is in hand, I must remove my persone; for my estate is not
so deare to me as my reputation and fidelitie to my Master.

The Moderatour said—We only crave the renewing of your Graces former
patience.

The Commissioner said—I cannot assist nor consent to any thing that is
done heir, except ye adhere to that which ye have heard red, in the
sealed paper; and still I protest that nothing done here may inferre
his Majesties consent or myne, or yet oblidge any of his good subjects.

Rothes said—After many supplications were presented to his Grace, your
Grace was imployed for satteling of matters, and we expected a happie
conclusion when your Grace promised to deale for a free Assemblie; and,
if any just exceptiones were against the Prelats persone or discharge
of their office, it should be referred to the Assembly: And now the
free Assembly is granted, and is fullie constitut. If your Grace, who
is a cheafe Member of it, be protestation and deserting of it, labours
to make this Assembly most unfree, it is more nor we expected. If your
Grace hath any just exceptioun against our former proceedings, or
doth feare that we shall not proceed in such a just maner as becomes
us, we are readie to cleare our selves. In both we shall repell, or
give satisfaction, for bygones, or for tyme to come—the law of God,
and Constitution of this Kirke, shall be ane rule, as it hath beene
hitherto.

The Commissioner said—I attest God, I have laboured as a good
Christian, loyall subject, and kynd countryman, for the good of this
Kirke, laying aside all privat considerations, as I shall answer to
God; and, at my last going to Court, I said to some of my particular
friends, that I should doe what in me lay for procureing a free
Generall Assembly; and now a most free Generall Assembly hath beene
procured and indicted: but things in it are so carried that it is
like to be a most unfree Generall Assembly. For the reasons I have
alreadie expressed, glad would I be to have it utherwayes, as there
is nothing which, can be proponed, keeping my self within the bounds
of my Commission and fidelitie to my Master, but I shall doe it; for I
desyre to [serve] God, my King, and my Countrie. But a weightie burden
is layd on the back of a sillie young man overcharged with a toilsome
bussinesse, and unable to bring it to such ane end as I would.

Rothes said—And the present evils, and further inconvenients like to
come by your Grace rysing, must be ane; and we protest that we are free
of all: Therefore it must lye upon these unhappie men; they are the
band of all the evils, and their source sends foorth all thir secrete
suggestions and privat whisperings against Ruling Elders, is a chiefe
cause of this.

The Commissioner said—But I heard these men sweare that, for procureing
the peace of the Land, they were content to lay downe their offices and
livings, and leave this Kingdome. I grant the offer is but small, for
the Prince whom they serve can make it up another way.

The Moderatour said—I wische these men were more wise then to make
themselves more odious to the land, by moving your Grace to leave this
Assembly; for it is evidentlie seene by all, that they are the cause of
your Grace rysing.

The Commissioner said—I grant the cause is be urging in of a
declinatour and a protestation against lay Elders; but, truelie, they
are free of this my declaration, now red in your hearing, which I
desire to be insert in the bookes of the Assembly.

The Sheriff of Teviotdaile said—The paper your Grace craves to be
insert, is full of grace and goodness, and the registration of that,
proves the bookes to be an allowed Register, and the Assembly to be
lawfull; and if your Grace hath protested against the auctoritie of
these bookes, and lawfulnes of this Assembly, and will leave it as
unlawfull, how disassenting are these?

The Commissioner replyed—Whenever I have assented, it shall stand good.

The Moderatour answered—Your Graces direction to registrat these papers
in this, is ane acknowledgement that these bookes are good.

Mr David Dalgleishe said—I perceave, by your Graces speach and the
Bishops paper, that they desyre to be cleared of these foule aspersions
and imputations given in lybell against them. If, then, your Grace
shall leave this Assembly, it is evident that they have the wyte of it,
and have no will to be cleared, but would have all their challenges and
imputations lye undiscussed.

The Commissioner answered—I am sure the Bishops desyres nothing more
then to have a lawfull hearing before a judge free of partialitie; but
no man will submitt himself to a judge whom he thinks his partie, as
they think this Assembly to be.

Mr David Dalgleishe said—If I were in their case, and judged myselfe
free of such imputations, I would submitt myselfe to the meanest
subject of this kingdome, let be to such an honourable Assembly.

My Lord Lowdoun eikit—If they would declyne the judgment of ane
nationall Assembly, I know not ane competent judgment seat for them
but the King of Heaven; and, as for us, we sweare we have no personall
prejudice at them: but in sua far as they have wranged the Church, the
King, and Countrie, we desire they may be censured for it.

The Commissioner said—I stand to the Kings prerogative as Supreme Judge
over all causes, civill and ecclesiasticall, to whom I think they may
appeale, and not let the causes be reasoned heir.

My Lord Argyle desired the Assembly to heare him a little before his
Grace should departe, and said—I was called to this Assembly by his
Majestys command; but now, being come, I desyre to cleare myselfe, that
my pairt hes bein fair in every thing that I know, neither as flatterer
of the Kings Grace, nor for my own ends. I have not striven to blow the
bellowes; but studied to keepe matters in als soft a temper as I could:
and now I desyre to make it knowne to you, that I take you all for
members of a lawfull Assembly, and honest countriemen. As this Assembly
consists of members civill and ecclesiastic, I wishe that care may be
had that this bodie may byde together, as ye all band yourselves by the
late subscryved Confession of Faith; but I desyre that nothing be done
in this Assembly to the wronging of that Confession subscryved by us of
his Majesties Counsell, as if I had subscryved it with a mynd different
from that which all had at the first making and subscryving of that
Confession.

My Lord Lowdoun answered—Your Lordships protestation is very
reasonable, seeing it is very scandalous that ane Confession should
be subscryved be the Lords of his Majesties Counsell and Session,
and ane uther be the bodie of the countrie, as if they were two
different Confessions of Faith among the professours of ane religione
in ane kingdome; therefore, it is earnestlie desyred of all, that the
Confession of Faith be cleared, and a full explanation of all the heads
and articles of it, that all may heartilie joyne in ane Religion, and
duetifull obedience to our King, and that no slander goe abroad to
uther nations.

The Commissioner said—What is done by warrand of auctoritie shall be
cleared by the lawes of this Kirk and Kingdome, and wayes also shall be
found to cleare his Majesties intention and will.

My Lord Lowdoun replyed—We are nothing diffident of that, neither is
anything of that sort said by us to prescryve your Grace; but seeing
two Confessions are subscryved of divers constructions, as humble
supplicants we desyre that the Confession may be cleared, that all his
Majesties subjects may be joyntlie tyed to God and the King.

The Commissioner said—I had warrand to give order for that and much
more, but alace! I may not now stay.

My Lord Rothes said—It is pittifull that the Confession should not be
cleared, seeing it is subscryved with three severall Constructions, and
in Aberdein by some after a Popishe maner, admitting all the ordinances
of the Kirk introduced or to be introduced, and this is the Papists
implicite faith; by uther with that Construction only which it had
when it was first subscryved anno 1580; and a third sort with a mere
abjuration of all novations introduced since that tyme: therefore it is
necessar that the Confession be cleared in the Assembly.

The Commissioner said—I cannot stay now.

My Lord Rothes said—Becaus your Graces departure was surmized this
morning, therefore it was found necessar by this Assembly that a
protestation should be made against your Grace. But we are most
unwilling for to present it, and would rather intreat your Grace to
propone your scruple and exceptions against this Assemblie, that they
may be cleared. If your Grace will not, but will depairt, we must
protest that your Grace hes depairted without a just reason.

The Commissioner said—I make a declaration that nothing done heir
in this Assembly shall be of any force to bind any of his Majestys
subjects; and I in his Majesties name discharge this Court to sit any
longer.

[_The Commissioner leaves the Assembly._]

And while the Commissioner was in depairting, this protestation against
his depairture was put in the Clerks hand and red, and Instruments tane
of the protestation.

The Moderatour said—All that are heir knowes the reasons of the
meiting of this Assembly; and albeit we have acknowledged the power
of Christian Kings for conveining of Assemblies and their power in
Assemblies, yet that may not derogat from Christs right; for he hath
given divine warrants to convocat assemblies whether Magistrats consent
or not: therefore, seeing we perceave men to be so zealous of their
Masters commands, have we not also good reason to be zealous toward our
Lord, and to mentaine the liberties and priviledges of His Kingdome? Ye
all know that the work in hand hes had many difficulties, and God hes
borne us through them all to this day; therefore, it becometh us not to
be discouradged now by any thing that hes interveined, but rather to
double our courage when we seeme to be deprived of humane auctoritie.
He desyred some of the brethren should speake a word of encouragement
and directioun to the Assembly, as God shall put in their heart for the
tyme.

Mr David Dick said—Ye all understand that the great worke now in hand
hes bein from small beginnings; for at the first, we intendit only to
exoner ourselves, and to leave a testimonie to the posteritie that we
bure witnesse to Christs oppresst cause. We thought the Cause desperat
when we wer chargit to buy the Service Bookes under the paine of
horning; yet we gave in supplications to the Counsell, desyring us to
be heard against such indirect proceedings. When we knew not what to
doe nixt, God hes led us on steppe by steppe, keeping us still within
the compasse of his word and lawes of this Kingdome, for any thing that
we ken; and we have only followed our caus with humble supplications
to our King, and protestations against that which we could not obey;
and it is evident that God hes accepted our testimonie—for his hands
are about us still—for if he had not directed us, and his hand had not
guyded us, we had beene long since confounded in our witts, and could
have done nothing for the compassing of this great worke, more nor
young children; neither could we have continowed in ane mynd till this
day, if ane spirit had not told us. Seeing the Lord hes led us in a
safe way to this day, he is now to crave a solemne testimonie of the
Kirk of Scotland, and to ask of everie Man, who is his God? And we have
clearlie presented unto us, a lesson of our fidelitie to our Lord from
my Lord Commissioner. He hath stood punctuallie to the least point of
his Commission. It becomes us to be als loyall to our God, seeing we
are not restricted to particulars as he: Therefore, seeing this Court
is granted to us of God, under our King, and with allowance of our
King, and a parliament indicted to warrand all the Conclusions of it;
and now he hes drawen back his granted warrand, shall we for this be
disloyall to our God, and slyde from that which He hath granted? If we
goe not, we shall prove tratours both to God and our King; or if we
be silent, and passe from this Assembly, how shall the will of God be
demonstrat to our King in pointes controverted? There is not a meane to
informe our King fullie and clearlie, but the determinations of this
Assemblie: Therefore we must now proceed, and so proceed as all our
proceedings must answer for themselves, and, it may be seine, we have
proceedit as good subjects to God and our King. We must either goe
on, or take upon us all the imputations of scandalous and turbulent
persones, and grant that there hes been als many wranges as there had
been false imputations layd out against us; and this were to sin more
deeplie, and to quyte these glorious priviledges which Christ hath
granted to us, above all our Sister Churches, seeing there is not a
meane to cleare ourselves to the Christian world but this. Let us goe
on, putting over the matter upon our Lord and Master, and he shall
answer for us at the Court of Heaven, and justifie us in the eyes of
all that are wise.

Mr Hary Rollock was called next, who uttered a speech to the effect
foresaid.

Mr Andrew Cant, and some uther of the brethren, spack likewise to the
same purpose.

In the meane tyme came in

My Lord Erskine, before the Assemblie, and, with teares, did regrait
his so long refusall to subscryve the Covenant, and was now most
willing, with heart and hand, to subscryve it, if the Assemblie would
be pleased to accept of him: the seeing and hearing whereof caused
no small matter of joy to the whole Assembly; acknowledging, with
admiration, the wonderfull Providence of God—that some had deserted and
gone from them, so uthers were sent unto them. To encourage them there
were also, at that tyme, four or five uthers, some whereof had been
in uther countries, in tyme past, who all did enter in ane Covenant
with joy to themselfes and the whole Assembly. After which, the voites
of all the Assembly were craved by the Moderatour—Whether they would
adhere unto their Protestation newlie red, or continow to the end of
the Assembly now discharged?

All and everie ane of the Assemblie except six or seven, declaired
solemnlie, that, with all their heart, they adhered unto their
Protestation, and promised to continow till this Assembly, after the
settling of all matters, be dissolved be commoun consent of the Members.

The Moderatour, having renewed the question againe, Whether they found
themselves lawfull and competent Judges to the pretendit Bishops and
Archbishops of this Kingdome, and the Complaints given in against
them and their adherents, notwithstanding of their declinatour and
protestation? The whole Assemblie, except four, declared this Assemblie
to be most lawfull and competent Judges to the pretendit Bishops and
Archbishops of this Kingdome.

The Moderatour having called upon the name of God, this Session
dismissed.

       *       *       *       *       *

Sess. 8.—Novʳ 29, 1638.

Moderatour—I must intreat yow, honourable and welbeloved, to consider
yow are in the sight of God, who not only requires inward reverence,
but also outward respect; becaus these who hath beene our old
adversaries, and hath now declaired themselves to be so, hath spoken
reproachfullie against this Generall Assembly, especially becaus of the
tumultuous carriage of the Members thereof, when they speake concerning
the suffrages—the voits of the Members of the Assembly. But that no
such occasion may be given to them heirafter, let your carriage be
grave as in the sight of God. Keep yourselfes quyet; becaus ye ought to
have your judgements exercised about the matter in hand, and elevating
your mynds to God to send downe light; and, when he sends downe a good
motion, ye may expresse it with gravitie, and that two or thrie speake
with leive—not that I assume any thing to my selfe, but I am bold to
direct yow in that, wherein I have the consent of your owne mynd.

       *       *       *       *       *

After in calling upon the name of God,

The Moderatour uttered these words:—The Assemblie is not fullie
constitut—not that I call the lawfullnes of it in question, for the
authoritie of it is manifest—but let us leave nothing undone that is
necessar for the constitution thereof. There are some Commissions
controverted, quhilks are not yet discussed; therefore let the
Committies delyver their papers, and tell their judgements.

Then the Clerk called the Committie of Peibles.

Moderatour said—Have ye found these Commissions good and valide enough?

Answer—We find no reason against it; but yet we think it good to heare
any that hes any further information.

Moderatour said—If there be any Member of this Assemblie that hes any
further information to give to the Committie for the Presbitrie of
Peibles, let them give it in to my Lord Burlie at 4 o’clock.

Then was the Committie for Brechin called on.

Mr James Bonar said—We are not able to give ane answer to the Assembly
as yet, in respect we have not mett since. But if the Assembly please
to give us farder tyme we shall take farder tryell.

Moderatour said—Think ye not that ane of the fyve Commissioners that
are pretendit to be chosen, Mr Lawrence Kinneir, who is designit be
both sydes, may voit presentlie in the Assemblie; and no question if
the Assembly knew the Man, none would object against his persone, and
his Commissione cannot be cantraverted, since both pairties hath chosen
him?

Lowdoun said—Enquyre both the pairties if they have any thing to object
against him.

Carnagie was absent.

Moderatour asked Din if he had any thing to object, who

Answered—I beleive it is knawen to the Committie who tooke the oath
of the Ministers concerning the declaration of the veritie of the
businesse.

Moderatour—We’ll heare the judgement of the Assembly.—Then he called on

Mr David Dalgleishe, who approved that Mr Lawrence Kinneir should have
voit. Then he called on

Mr Robert Dowglas, who said—I was upon the Committie, and I think it
meit to let it lye, and let none have voiting till tyme it be better
sighted; for it may be, informalitie be found on both sydes—for
Carnegie being absent, it is good to let lye to see if he will compeir
to-morrow: if not, consider if the uther have such insufficiencie that
it cannot stand as a Commission; and if it be not insufficient, let him
voit.

The Moderatour desyred ane uther of the Ministers of Carnaigies
Commission to stay still, becaus he was a reverend Father, and was
acquainted with the Assemblies. Though his Commission was not lawfull,
yet he may be a witnesse to their proceedings: who answered, he should
stay if the Assembly would allow of his Commission.

Moderatour said—We are not to give sentence whill the morne.

Moderatour said—In the declinatour and protestations given in by the
Prelats, there were some exceptions tane against some worthie men
[who] came out of the Kirk of Ireland, admitted Ministers in Scotland,
and now chosen Commissioners to this Assembly; therefore it is good the
Assembly had all their mynds cleare concerning them: and after that we
will not have much adoe with Mr Robert Blair, Mr John Livingstoun, Mr
James Hamiltoun; for Mr Alexʳ Turnbull he is under censure.

Mr Robert Blair said—We have our reasons to give in against the unjust
proceeding of the Prelats against us in Ireland, proving their Censure
to be null. If the Assembly thinke it expedient, we shall read them.

Moderatour said—Doe ye remember the words of the Declinatour concerning
yourselfe?

Mr James Hamiltoun said—These are the words: “also some Ministers under
the Censure of the Kirk in Ireland.”

Then the Reasons were given to the Clerk and publictlie red.

Moderatour said—Take head to these Reasons that ye may object and
propone in any thing wherin ye get no satisfaction.

Mr Robert Blair said—There were some that were under censure, and we
were never chargit; only we heard about a year after we came away they
were seeking us.

Mr David Dick said—Moderatour, I will tell some thing to cleare that,
becaus I am their neighbour. Now, I heard that when they wer under
proces, the bishops had respect to their not comeing back againe, or if
they came, it might scarr people from hearing of them.

Moderatour said—I believe our Church is independent, and depends not on
the Church of Ireland.

Mr Blair said—And there is not ane in this Assembly that adheres to
the Confession and Covenant of the Kirk of Scotland, but the Prelats,
both heir and there, judges them all worthie of the deepest censure
that their pretendit power can inflict. It had bein small matter that
some four or five of ws been carceired, were not thereby the publict
caus had been woundit; for the same prelats are alreadie to charge this
whole Assemblie with the same, wherewith they charge us; therefore, if
there be any heir who have any thing to say, let them doe it publictlie
in the face of this Assemblie. If the declarations be not cleare, the
Assembly may get full assurance of this.

The Moderatour said—Ye have not a mynd to bring this Assembly to a
snair; but if there fall out any thing to be written against the
Assembly, ye will cleare the same by writt.

Mr Blair said—We promise so to doe, and for our owne parte, we thinke
all that speakes in ane Assemblie, should speake in the sight of God.

Shirreff of Teviotdaill said—I thought to have gotten farder
satisfaction and some information concerning your depairture out of
this Kingdome, at first removed.

Moderatour said—Weill remembred; for there is something of that in
the Proclamation, saying these who made Sermons against Monarchicall
Government are Members of this Assembly.

Mr Blair said—I thank God that, by occasion of this and that which
the worschipfull Shirreff have said, my declaration of this point is
occasioned, all which of my owne accord I would gladly have motioned,
were not I feared the imputation of takeing up too much tyme in
this Honorable Assembly. I first take God to witness, that all the
afflictions that hath befallen me from my youth, at my hand, hath
beene, for aught I know, for constant adhereing to the Confession
of Faith of the Kirk of Scotland, since the day that Perthes Acts
were determined, where I was present, and the Lord furnished me with
resolutions to stand to the trueth, which there I perceaved to be
oppressed. And I am sorie that this declaration, if I be particular
in it, will force me to expresse the names of some whom rather I
would desyre to sparr. It is weill knawne, while I was a Master of the
Colledge of Glasgow, there came a learned Countryman of myne, that
had been in forraigne pairts, and promised to reduce the Colledge to
conformitie to Perthes Articles; and finding me somewhat resolute
to stand out, it made some little grudge in that learned mans mynd.
There was addit to this ane uther in a publict theological dispute.
It fell out that a poynt of Arminianisme in the poynt of election,
where foirsein faith was mentained by that learned mans schollers,
who came out of France with him, I being the opponent. What I say can
be justified by a Commissioner within this house, who will be loath
to utter it unles he be put to his oath, in respect of the respect
that he beares to that learned man. This being the Controversie,
standing out against the corrupt course of conformitie, and that in
a dispute I taxed that Arminian poynt in my notes upon Aristotles
Ethicks and Politicks. Heirupon I, not being called to any publict,
civil, or ecclesiasticall Judicatorie; but in ane accademicall or
schoele meeting I was called there, and examined upon some dictats in
Ariatotles Ethicks, where I stood before all the Universitie, offering
dispute upon all that I had taught, and for three houres dyted aff
hand answers to the questions that were made, subscryved them with my
hand, and offered that they should be transmitted to the Kings Majestie
of blessed memorie. This being done, Mr Robert Wilkie, Rector of the
Colledge, being a hearer, stood up and said, “Would to God King James
himselfe were present to hear the declaration that this man hes made:”
Lykewayes, Mr Robᵗ tooke me in his armes and thanked God that I had so
far cleared myselfe. Perceaving what undermyning powers were against
me and the course of the tyme, I resolved to have resigned my place,
whereto I was bound seven yeares: wherupon Mr Cameron, that learned
man—a learned man indeed, whose name I wished altogether to have
spaired—perceaving he was lyke to have lost his thanks for labouring
to reduce me to conformitie, dealt with me in privat, and ingadgit
himselfe that I should ryse to preferments if I would be drawen to
conformitie, and that it was ane happie occasion to give up my name to
the King, having declaired myselfe to their satisfaction. Ane uther
poynt—the Archbishop of Glasgow was drawen on this course to examine
the poynt; but perceaving how he had bein led, and that malice had
caried on the course, he delyvered my papers wherein I had given my
answers, and would not take them back againe, and told to a worthie
man, Mr James Robertson, that he perceaved the ground of all the matter
was meere malice against me, and withall sent for me and requeasts
me not to leave the Countrey, for I should shortlie be provydit for:
And after I had gone to Ireland, he declared to my brother-German, Mr
Wᵐ Blair—a grave and judicious man, knawen be the most parte of the
Assembly—that he was resolved to plant me in the Kirk of Air, where God
by his providence hes now brought me. This was written to me the first
moneth I was in Ireland—and moreover, there was ane Letter written be
the Archbishop of Glasgow to King James; and before he wrote it he send
for me and said, “I fear there be some that not only carries evill will
at yow but me in this matter, and least we should be both wranged, I
will write ane Letter to his Majestie for our exoneration;” and thene
he wrote ane letter, and there was an answer returned to me by my Lord
Alexander, Earle of Stitlings sone, resolving me that the King was
more nor satisfied; and so there was no cryme layd against me, but that
I proponed some question out of Aristotles Ethicks; swa there was never
any judiciall proces, let be ane sentence against me: only there was
ane academick meeting, and becaus I wearied of philosophie and demitted
my place.

The Moderatour said—Then it is unjustlie said by same, that being
censured, yow are put out of the Colledge.

Then Mr George Young and Mr Robert Baillie and Mr Zacharie Boyd
declared that he had related the matter truelie.

Mr John Adamsone said—There is ane generall accusation against them as
is against the whole Assembly; and so they are but scandalls.

Moderatour—They scandall us for having laick Elders, and we shall make
it manifest be the word of God, that we should have them. Then the
Moderatour called on sundrie members of the Assemblie—Mr Robert Wilkie,
Mr James Bruce, Mr Androw Ramsay; Nobles—Johnstoun, Lowdoun, Cranstoun,
who answered they were all satisfied.

The Moderatour said—Altho’ the prelats accusation be generall, yet for
stopping of the mouth of malicious persons, we will stryve to answer
any particular that we can perceave they ayme. Ye remember that there
are some generall thinges in the declinatour concerning some ministers
under censure and not, were stryving to find out who they could meane,
bethought they be not named; and we find that there were some under the
censure of the High Commission: Mr David yow are one.

Mr David Dick said—I was admitted Minister of Irwing before Perth
Assembly six months; and having understood that Perth Articles were
given out, I fell to and studied the cause as I should answer to God;
and being under sickness for the tyme, I held me quyet the space of two
yeares and heard all men and [carried] not myselfe hither and yond:
and last, when I saw it lyke my life should not have been long, I saw
it necessar to give my testimonie to that trueth that I thought was
borne downe. The Bishop got notice that I spake frielie, and yet in
such modest termes as they would not have gotten me in the calk; for
within three or four yeares after my entrie, was summondit before the
High Commission. I compeired; and becaus it was the first day of the
Bishops their new roofe—having gotten the greene wax from Court—that
is, that day they were made sole bishops as they were not before—I
tooke course, after the incalling of the name of God, to doe as became
a faithfull member of the Church of Scotland, to mell with what
belonged to my calling, I drew to a declinatour of that Judicatorie,
because I was inhibited be act of Parliament. When. I red my summonds,
I looked wher they should have said, “James, be the Grace of God, King
of Great Britaine,” and I found that they said, “James, be the mercie
of God,” &c., “and John, be the mercie of God, Bishop of Glasgow,”
which I made a reason of my declinatour, and offered to be judged by
the first General Assembly; and this declinatour they turned to be
my quarrell: which day I was appointed to waird; and least I should
be mistane, albeit I acknowledgit not their sentence, I removed from
Irwing, in regard to the Kings auctoritie, to Turray, where I was three
quarters of a year. After, I was, by the diligence of my Lord Eglintoun
and the toune of Irwing, by my knowledge, brought to Glasgow, where
Cameron tooke in hand to convert me or to put my heid in the perrill;
and after I had talked with the Bishop, I obtained this honour that he
should not make conformitie the matter of my challenge, but wherein I
had done wrang to auctoritie I would cleare it. And my Lord Eglintoun,
Mr John Bell, and Mr Robert Scott, who is now dead, was present when I
cleared myselfe, to have done no wrang to auctoritie by my declinatour.
After this the Bishop of Glasgow gave ane warrand to my Lord Eglintoun,
under his hand write, to send for me to keip for my exoneration. I took
Instruments of my hand, comeing to Irwing: heir the act and the letter
of the Bishop, which I desyre the Clerk to read.

The Moderatour said—I hope the brethren hes gotten satisfaction.

The Moderatour called on Mr Samuel Rutherfuird and said to him—Were you
not sent to Aberdeine by the High Commission?

Mr Samuel sayes—Most true. I was sent in and summonded be the High
Commission for divers pointes the Bishop of Galloway lybelled against
me, and there was nothing at all proven against me, notwithstanding
three severall dayes I was before them; and the third day they had
no uther question to propone but these wherewith they attempted me
the first two dayes—only the matter of none conformitie which I stand
by; and upon this they sentenced me, after I declared, by write, the
unlawfulness of that seat, and that I durst not be answerable to
the King to acknowledge that Judicatorie, becaus it was against the
standing law of the Kingdome. Notwithstanding of this, they proceedit
against me, deprived me of my ministrie in Anweth, and confined me
in Aberdeine. I watched on in Edinburgh, desyring the Clerk to give
me ane extract of the sentence, but could not get it, and the reason
why he schiftit me was, becaus the Bishop of Galloway caused him adde
a pointe to my sentence that I was not sentenced for—to witt, that I
should exercise no ministeriall functione within the Kings dominions.
The Clerk denyed it was a pointe of my sentence; notwithstanding, the
Bishop of Galloway caused adde that pointe, and I could never have the
extract of it, onlie I got the Copie of it, and so I went in without
a charge; and, heareing that the Secrete Counsell had accepted a
declinatour against the High Commission, I came out without a charge.

Clerk sayes—By Act of Parliament, all the Kings leidges are discharged
to give obedience to any judicatorie, but that which is established by
Act of Parliament and lawes of the Kingdome; therefore ye ought to be
condignlie censured for entering into waird.

The Moderatour said—Earlstoun, yow have beine lykewayes under their
Censure; who answered—I was confined in Wigtoun under the High
Commission, where I gave ane appellation to the Counsell which Lorne
can declair.

Argyle said—Indeed I remember weill of the Decreit past against
Earlstoun when I was in England, and, when I came home, it was the day
before Earlstoun was appointed to goe to waird. I desyred earnestlie
that he might not be confyned but fyned; and so the pretendit Bishops
did, which is not overseene in their dittay. There was a decreit given
out from the High Commission upon no warrand but his none compeirance,
as if he had bein present _in foro contentissimo_. The Bishops went
on as if he had compeired, and decreitit all that was libellit, as if
it had been proven; and the Bishop eikit, at his owne hand, “becaus
Earlstoun presumed to protest.” Upon this I found it was a litle
informall, and desyred Earlstoun to forme ane bill and give in to
the Counsell. When the bill was given in, I dealt with the Bishop of
Galloway, to see if he would keep it from a publict hearing, and he
was satisfied, but afterwards he was not so willing. I insisted and
solicitat the Counsell that they should be content to dispense with the
confynement, upon the payment of his fyne, which they were content with.

Moderatour said—I beleive verilie that these to whose eares the voice
of the speakers hes come, be satisfied with that which hath bein said.
If any be not yet satisfied, or hes any point or circumstance to show
that they have heard objected against thir worthie Men, let them bring
foorth.—Since there is nothing to say, let us goe on.

Although we doe not match or equall the Confession of Faith of any
reformed Kirk with the word of God; altho’ we doe not make it _formam
fidei sed formam confessionis;_ yet we have great reason to think
reverentlie of our owne Confession; because uthers, who have bein
Strangers, give a great testimonie to it. That it may be the better
thought of, it is expedient that we have a cleare understanding of
the particular articles therein contained, especeallie these that are
controverted. Ye know what a bussines hes bein about the subscriptions
of the Confession of Faith—some subscryving it with some interpretation
of it, or application to the Seruice Bookes and Cannons, and uthers
subscryving that of late tryed by his Majestie, and the short
Confession of Faith, with the generall band nakedlie, without any sick
application or interpretation, subscryvit be the Counsell. We are
to think advisedlie to it as of great importance, and hope we shall
heare somewhat to give us light to encouradge us to goe forward in the
interpretation thereof, that that light we have may shine to uthers.

Argyle said—I should be glad that all that are heir might heare me to
the full; and least I should be mistaken of what I said yesterday, I
would gladlie let it be heard to this company, I intendit that two
thinges should have beene knowne before we parted in the termes we did.
The first was, onlie to take the Commissioner and States to witnes on
the one parte, that what had beene my parte in all this bussines was
neither flatterie nor seeking my owne ends; that, upon the uther pairt,
it ought to be knowne that I was never a desyrer of any to doe anything
that might wrang soveraine auctoritie, but studied to keepe thinges
in the fairest order I could. The second thing was truelie, I heard
some dispute was like to grow by somewhat that was spoken be Doctor
Balcanquell concerning the Constitution of this Church; and, although
it was incumbent to me to beware that that dispute should not grow
dangerous—that when a whole Kingdome was entered in a nationall oath,
the Assembly might not enter in any dispute, nor go in any thing that
might prejudge any thing that by their owne knowledge and consent had
been done; I say it was incumbent to me to beare witnes that nothing
should be done prejudiciall to that voit; not that I thought that I
desyred it should not be tane to consideratione what it were, becaus
some hes done it doubtsomlie—uthers hes referred it to the Generall
Assemblie—uthers, not out of any dislike to religion, subscrivit it as
the meaning of it was when it was first sett downe, which I now adhere
unto, and declaires, that in the publict way that we did it, it was
as it was then profest, without any sophisticatione or equivocatione
whatsomever, and I heare of no uther interpretation; and that I adhere
to againe and againe, and desyres that any thing of that kynd be done
wiselie, and be so looked to, that a whole kingdome run not themselfes
to a national perjurie. And if I have beine anything intricat, I cleare
myselfe, and make it knowne unto the world that I adhere unto the
meaning of that Covenant as it was first subscryvit, againe and againe,
shortlie wisheing this nobile and worthie meiting to go on wyselie,
considering the goodnes of our gracious Master, who hath condescendit
to many things, and gone further on nor many looked for; and what is
wanting I hope it is misinformation. And for the Commissioners cariage,
it hath beene very modest; and therefore I recommend to you to consider
that ye have both the estate of the countrie and the estate of religion
in hand, and according to your discreit cariage will this glorious
worke be done; and doe it in that respect to your graceous Soveraigne
as becomes obedient Subjects.

Then the Earle of Montrois said—My Lord Wigtown was to come heare
with my Lord Argyle to make his owne declaration, and will be heir on
Tuysday to declair himself to the Assembly as my Lord Argyle hes done,
and will give all satisfaction.

Then the Moderatour spacke to the Assembly—My Lord Argyle desyres yow
to know that his Lordship hes put his hand to the Confession of Faith,
and uthers of His Majesties Counsell, with this express declaration,
that they have subscrived according to the meaning of it when it was
first sett downe, and willes the Assemblie to proceed consideratlie
concerning that, lest they doe any thing to bring any man that hes
subscryved it under the suspition of that they cannot tell what; and
Wigtowne hes declared by Montrois that he could not stay to day to
make the same declaration, but will returne the next week for that
effect; therefore since we have this recommended to us after this
manner, and the matter requyres the same, it is good for us to proceed
advysedlie and consideratelie, as that which will have light to any
menes mynds—I mean when we come to declair what was the meaning of
the Confession of Faith when it was first subscrived—what was abjured
therein in doctrine, discipline, worship, or government—so as it may
give all satisfaction to all men; and I trust this grave Assembly will
give their declaration from good Masons and weil groundit, for it is a
material poynte.

Then the Moderatour, in name of the Assembly, desyred Argyle to stay in
the towne and be a witnesse to their proceedings, though he was not a
Commissioner.

Argyle said—My interest in religion, as I am a Christian, though not
a member of this Assembly, yet in the Collective bodie of the Kirk,
induces me thereto.

The Moderatour said—This is a materiall poynt, and it would take up
a lang tyme to heare all the acts concerning the clearing of the
Confession of Faith; therefore I thinke it good, if the Assembly be
pleased with it, to appoynt a Committie to view the bookes therefore,
that they may advyse about thinges and make them ryper to the Assembly:
for next unto the word of God, this Confession, so solemnlie sworn,
should goe deepest in our mynds.

Lowdoun said—It must be the rule of all our proceedings, and the ground
of all our comfort, when we are put to farther tryells; therefore it
would be verie deeplie considerit, and some judicious men named upon
the Committie.

Auldbar said—There is some in the North that hes a third Covenant.

Moderatour said—We are not oblist to expone that.

The names of the Committie:

  Mr David Lindsay,
  Mr Andrew Cant,
  Mr James Martine,
  Mr Thomas Mitchell,
  Mr Walter Balcanquell,
  Mr Harie Rollock,
  Mr David Dick,
  Mr Robert Hendersone.
  Mr Thomas Wilkie.
  Rothes, Lowdoun, Balmerino, Burley.

  Barons—

  Auldbar, Keir, Shirreff of Teviotdaile.

  Burgesses—

  James Cochrane, Patrick Bell provest of Glasgow,
  James Fletcher provest of Dundie.

Montgomerie said—Moderatour, we desyre our Summonds and Claime against
the pretendit Archbishops and Bishops be red.

The Moderatour said—Ye knaw the Prelats wer summond in the best way
could be thought upon; and now, since the Assemblie is constitut, and
hath discussed all objections that can be imagined against us, let us
heare what is said against ane of the Bishops, and remove the rest to
be looked on by these that have the charge of the Billes. We need not
spend tyme in reading the generall Complaint against the Bishops; but
here is a particular, condiscending upon some things which will cleare
the generall. This is against the Bishop of Galloway.

There was a lang Clame red, conteining fifteen or sixtein scheits of
paper, against the pretendit Bishop of Galloway: Then he was called
upon by the Officer of the Assembly, James Bell.

The Moderatour said—This is a great bussines we are entered upon, and
we may perceave, by the reading of the Clame, what will be said against
all the rest; and becaus it will trouble the Assembly, let them be
first viewed by a Committee delegat by the Assembly for that effect,
who may give accompt to the Assembly.

  The names of the Committee—
  Mr James Ramsay, for the Diocie of Edinʳ,
  Mr John Jamiesone, for the Diocie of Glasgow,
  Mr Wᵐ Dalgleishe, for Galloway,
  Mr Donald MᶜElwrath, for Argyle,
  Mr John Duncane, for Dumblane,
  Mr George Symer, for Dunkell,
  Mr Robert Murray, for Sᵗ Androwes,
  Mr George Halyburton, for Brechin,
  Mr Alexʳ Martine, for Aberdeene,
  Mr Wᵐ Falconer, for Murray,
  Mr David Monro, for Ross,
  Mr George Leslie, for Cathnes,
  Mr Wᵐ Stewart, for Orkney,

  Nobles—
  Eglintoun, Weymes, Johnstoun, Wedderburn,
  Lawers, Kinlict,

  Provest of Kinghorne, Baillie of Innernes,
  Mr George Gray clerk of Dundie, [Haddington.]

  To thir wer addit—
  Mr John MᶜKenzie, of Lewis, and
  George Gordoun, brother to Sutherland.

When the Clerk called on Doctor Robert Hamilton, Procurator for
the Bishops, to answer to any thing he can say to the Summonds and
Complaints given in against them, he compeired not.

The Moderatour said—Ye know I was saying that the first occasion of our
Complaints and Supplications were the Service Booke, and these Cannons
that were urged upon us. Ye know how miserable the face of this Church
and State had bein before this tyme, if we had not supplicated against
these evills, and what great mercie the Lord our God wham we sarve hes
shawen in delyvering ws so farr from them; yet that it may be knawen
to the world that our supplications wer just, and that there may be
some monument of the wickednes of that Booke left to the generation
following, it is very expedient that it be examined heir, that your
judgments may be knawen and the reason of your judgements; and that we
may goe on the more compendiouslie, it will be good that there be a
Committee chosen also for this. Then the advyce of some of the Members
of Assembly wer taken, who all gave consent to this.

  The names of the Committie—

  Mr Androw Ramsay,
  Mr Robert Baillie,
  Mr Alexʳ Petrie,
  Mr John Oswell,
  Mr Alexʳ Kerss,
  Mr John Adamsone,
  Mr Edward Wright,
  Mr John Menzies,
  Mr Samˡ Rutherfuird,
  Mr John Hay.

The Moderatour said—The Booke of Cannons, Service Booke of Ordination,
and High Commission, all of them are to be sighted by yow.

       *       *       *       *       *

Sess. 9.—Novʳ 30, 1638.

After prayer to God by the Moderatour,

The Moderatour uttered these words—We trust in God, that the more our
good cause hath bein defending, and for which we are now conveened, is
agitat, it shall be the more clearlie seen, and the more to be seen
the more it shall be affected, and these that shall see the excellent
lusture that shall be on it, shall, no doubt, be enamoured with it.

Argyle said—I have gotten a paper which I never saw before. It is from
the Earle of Kinghorne, and, becaus it is a missive direct to me, I
shall read it, and desyres it may be keeped by the Clerk.

Rothes said—Heir is ane uther of that same nature from my Lord
Galloway. Lowdoun, Yester, Home, went to him, and he spack something
before, and we caused put it in writt and sent to him, and he renewed
it; quherein his Lordship declaired that he had subscrived the
Confession of Faith, as it was professed in the year 1581, and wishes
all the Assembly to make it the rule of all their proceedings; and he
shawes that they were all wyld in, secreatlie, to the Commissioners
Chamber, and, being debardit, they subscryvit the proclamation, not
knawing what was in it; but, when Galloway heard it, he would have had
his hand from it, and, when he saw that he could not get it back, he
was so excessively greeved that he professed he got no sleepe all that
night.

Then the Earle of Montrois said—That the Earle of Mar had given him
Commission to declair to the Assembly, that he had the same meaning in
the subscryving of the Confession of Faith; and, quhen tyme was fitt,
he would declair it before all the world. Lykewise said the Earle
of Mar, he being hardlie pressed to subscryve the proclamation, he
refused, and said, he would not declair his Sone a Traitour, who yester
night had subscryved the Covenant, and professed to the Marqueis and
these who pressed him, that, as long as his blood was hote, he would
think Covenanters als honest Men as themselves. Likewise,

Montrois said—That he had Commission from my Lord Napier, to declair to
the Assembly, that he had the same meaning in subscryving the Schort
Confession, as it was first sett doune. Montrois said, further, my Lord
Amont would declair the same before the Assembly.

The Moderatour said—Though we had not a Nobleman to assist us, our
cause were not the worse nor the weiker; but there is occasion given us
to blesse God that they are comeing in daylie in throngs.

Then the Moderatour called on the Committie for Peibles.

My Lord Burlie answered—Since this charge was layd upon us, to
collation the Commission and protestation with the Proces, we find no
great reason why the election shall not stand good; and for Mr Robert
Ellot, we find, in the last article of the proces, that he did clearlie
protest, and that upon good reasons. Ane was, that this honourable
judicatorie should no wayes be prejudged in the friedome thereof, in
case there were any illegalitie or informalitie in the election, and
that no place of carping were left to our adversaries; the next was, he
had some scruples in his mynd anent the illegalitie thereof, of which,
after conference, he gat satisfaction, and is content now to take up
his proces; and quhereas my Lord Thesaurer was pleased to take some
offence at this protestation, and he did it now _de animo_, he is sorie
for it, and, if his Lordship were heir present, he would crave his
Lordships pardon.

Mr Mathew Brisbane said—I think it should be tane notice of, that
my Lord Thesaurer was present at the election, and did approve the
Ruling Elders, and came there as ane himselfe, and, in the face of the
Assemblie, pleaded for the Commission.

Then the Moderatour called on the Committie for Brechin, who promised
to make report to the Assembly to-morrow.

Moderatour said—There were, in your hearing, some Committies appoynted
for some materiall poyntes; for considering the Confession of Faith;
the Complaint agᵗ the Prelats; the Service booke; the booke of Cannons;
High Commission, and Booke of Ordination; but it is impossible to
examine thir in so short a tyme, and therefore we passe them.

Lowdoun said—Please yow Moderatour, we began to looke upon that
purpose, being a matter of great importance, and deserved an accurat
investigation of thinges that did passe, especeallie, not about the
Confession of Faith, which was first made and subscryved at that tyme.
We went back, in looking to these registers and Bookes of Assemblies
quherein we find the discipline of the Kirk accuratelie expressed,
so that I thinke, if, in Gods Providence, these Bookes had not bein
found, it had bein hard for the Church of Scotland; because it is about
matters as they wer then presentlie established and concludit. The
seeking out of this and the looking over of many Acts, tooke a long
tyme; but, on all, we find a great harmonie and cohesione, clearlie set
downe, to put out Popperie and Episcopacie. The name is examined; the
Corruptions is examined; the office is examined; and their severall
considerations tane to many Assemblies. The Discipline, of long
deliberation, is sett downe. The Confession of Faith following, is a
confirmation both upon the ane and the uther; and the ground of thir
hes bein the root of many of our proceedings through this Kingdome,
especeallie the renewing of the Confession of the same oath first
[framed], which I hope will give satisfaction to all men who could
not weill understand it before, when they shall take knowledge of thir
bookes. We dar not now give out our judgement fullie; but we will goe
on in consideration, to satiefie yow all, and we crave your patience
to acquyet yourselfes in it. It must have long tyme; for matters of
so great importance cannot be done but accuratelie, for every mans
satisfaction.

The Moderatour said—It were better not to toutch it at all then not to
handle it accuratelie and solidlie; yet we allow not the Committies
for determination of any thing, but only to prepair matters for the
Assembly their judgement, and if need be, tyme may be prorogat further
to them.

Lowdoun said—God, the Father of light, give light unto it, for it must
be the rule of all our proceedings.

The names of the Committie for the Prelats called upon for their
Complaints.

Mr Robert Murray said—That the Complaint against every particular
Prelat behoved to be tryed, and therefore desyred the Moderatour
to intimat to the Assembly, and, if any had information against
any particular Diocesian Prelat, that they would give it in to the
Committie.

Then the Committie for the Billes were called on.

Mr David Lindsay answered—We have discussed some particular Billes that
came before us, and we conceave this; that where the caus is weightie
and the proces red, we think it good that Summonds be directed both for
the Pairties and witnesses. There be uthers against whom there is no
formall proces, and it will be weill done to heare the judgement of the
Assembly anent these.

Moderatour said—There be two sortes of processes: ane sort are these
which are closed alreadie before the particular Judicatories; I meane
the Presbitries from whence the Pairtie are complained upon, who have
heard the witnesses and set downe their deposition; and nothing left
to the Assembly but to pronounce their Sentence. These may come in
pertinentlie before the Assemblie. But for uther proceses that are
not concludit, and witnesses not heard, but to be heard, before the
Assembly consider whether it be more expedient to send citations to the
Pairtie and witnesses to compeir before the Assembly, or if they shall
be remitted to their Presbitries, or the next adjacent Presbitrie, as
having Commission from the Generall Assembly to put a finall conclusion
to them, and report it to the next Generall Assembly.

The question was moved concerning Doctor Hamiltons proces, whether it
should be heir, agitat or remitted to the Presbitrie, in respect that
the Presbitrie had refused proces alreadie, and it was reported that he
would goe shortlie out of the Countrie? And therefore it was concludit
to be decydit by the Assembly.

The Moderatour said—Lett us come to the third Committee concerning the
Service Bookes, Cannons, and High Commission.

Mr Androw Ramsay answered—It is a toylesome taske—a Papall Service
Booke, anti-Christian constitutions, and a superstitious Booke of
ordinations—and will take us eight dayes at the least.

Moderatour said—Ye would consider that ye are not to dispute against
ane adversarie, but to make such abridgement of the errours therein
contained, as may be seine to such a grave Assembly.

       *       *       *       *       *

[_Complaints against Prelates._]

Moderatour said—Ye knaw there be some Complaints against the Prelats,
common against them all—some of them more personall against Pointes of
Doctrine and Conversation: As, for example, there is a transgression of
these Caveats, and limitations put upon them by the Generall Assemblie
when they wer first admitted to voit in parliament. Matters of this
kind will be so notour as the Assembly at the reading of the processes,
that we will not need great probation; and therefore the Committies
neids not to trouble themselves but in poyntes of doctrine.

Then were the Caveats red.

The Moderatour said—I would wish that uther some of them or all of them
had been heir to answer for themselves, and some of them objected, and
speciallie Doctor Lindsay, that these Caveats were put upon them, but
Assemblies had lowsed them. The Bishop of Sanct Androwes, in a Booke
which he calls “The Refutation of a litle booke anent the Government
of the Kirk of Scotland,” giving ane answer to that that is against
their booke of the Caveats: he says they never had a purpose to keip
them, but only to delyver them from the contentions of turbulent
men. This is not red that ye should give out definit sentence till
the whole complaint be considered by these to whose consideration it
is presented; but there may be an abridgement of the Caveats, and
particular transgressions of them drawn up.

The Shirreff of Teviotdaile [said]—That these transgressions, many of
them be notour to us, yet not to strangers, to whom the relation of our
proceedings shall come; therefore it is necessar all to be proven.

Moderatour said—It is objected be these that wrote that litle booke
of the Government of the Kirk of Scotland, which was sent over to
Holland at what tyme the Synod of Dort was sitting, for weightie
Causes and considerations, to prevent evills that might have come in
in the Kirk of God: It is said in that booke, that when they went
forward, there was protestations used against them. He answered, what
protestation they meaned I cannot tell, but for that Covenant wherein
they please themselves so much, it was rashly and unadvisedly forged by
braine-sicke men, to the destruction of the King and republict, and to
the mocking of God; therefore God hes recompensed them with shame and
ane unhappie success of all their interpryses.

Then answered ane Mr Law—That he saw him subscryve that Covenant that
he had so traduced. Then some said that things alleadged against the
Prelats which seemed most evident neided not to be proven.

Moderatour said—_Abundantia juris non nocet;_ and it is necessar when
a nation or Kirk would make it manifest to the world the lawfulness of
their proceedings, though it were never so notour to themselves.

Moderatour said—We have not farder to doe till the Committies have tane
paines and presented their labours to the Assembly. For the present ye
see they are relaxed from that limitation in the Assembly holden at
Linlithgow 1606 and 1608, and at Glasgow 1610. There are something heir
in a paper given in to be considered by the Assembly, concerning these
forsaids Assemblies, together with the Assemblies at Aberdeine 1616,
at Sᵗ Androwes 1617, at Perth 1618. These are the speceall Assemblies
they trust into, and these are the Assemblies that hes wrought this
Kirk meikle woe. It is not unfitt for yow to heare them in the minutes
of the proceedings in the Assembly 1616. The Bishop of Sᵗ Androwes
changed the Acts with his awne hand on the margine, deleiting and
adding acts quhereof some wer against Papists. The hand writt was seene
by severall of the Assembly, who constantlie affirmed, on hazard on
their life, that it was his hand. Some declaired that when the Bishop
of Murray said to ane uther of the bishops, “we will tyne the field,”
he answered, “I shall devyce a vyce—we shall give idle Ministers
ane warrand;” and so they sent for the number of 36, that were not
Commissioners, and delt wᵗ them for their voices; and they put out
Commissioners whom they suspected and put uthers in their places, and
sundrie that were Commissioners were not called on, and the Moderatour
said in face of the Assemblie, “I will committ twenty prejudices to
please the King.”

Mr David Dalgleishe said—There was neither booke nor Bible opened; but
the Kings Letter was read at everie Sessioun immediatlie before the
voiting; and in the tyme of the voiting, Waughtoun said they sett doune
the names of some who came away from that Assembly, quhereof I was ane.

Mr James Bonar said—He called on all these first that he knew would
voite with them, for he had a croce upon all their names, and lykewayes
he said that a number of voites should not doe the turne, for these
articles should be proclaimed at the Croce by sound of trumpet.

Mr James Cunninghame said—When I desyred Zancheus to be produced for
a testimonie, all the Bishops said the King was more learned than ten
thousand Zancheus; and he threatened continuallie with banishment,
imprisonment, and deprivation; and they put all their names together
whom they knew would voite for them, and resolved to gar them goe all
in a hurle together, quhilk they did quhill Mr John Martine turned the
chase, and this they did to weaken the hands of many.

The Moderatour said—There would be a Committie appointed for the
considering of these Assemblants, for it is a poynt of no small
importance.

  The names of the Committie—

  Earle of Home,
  Lords Sinclare, Yester, Balmerino, Coupar, Cranstoun.
  George Gordoune,
  Mr Thomas Ker,
  Lamington,
  Barclay,
  James Sword,
  George Jamesone,
  Thomas Durie,
  Androw Baird,
  Mr John Robisone,
  John Maitland,
  Mr James Scharpe,
  Richard Ingles,
  Gilbert Murray,
  Wᵐ M‘Kenzie,
  John Rae,
  John Robertsone,
  John Ker.

       *       *       *       *       *

Sessio 10.—Primo Decembris 1638.

After prayer, the Moderatour said—Ye know a great pairte of these
affaires to be agitat this day, was committed to some worthie men upon
a Committie, to be presented to your view—such as the Confession of
Faith, the Complaint against the Prelats, the matters of the Service
Booke, the auctoritie, or null auctoritie of the Assemblies; and we
tooke this little tyme to heare some particular complaints against some
ministers, especiallie these who have their proces closed alreadie,
in a manner, and nothing left but the sentence and determination of
the Assembly; for they must be viewed by you. We should do nothing
without a warrand; and I doubt not but ye are better acquainted with
the warrand and ground of our proceedings nor I can expresse. Ye knowe
there is no familie, nor hous, nor republick—no citie, no kingdome, or
corporation—nor any humane societie, that can subsist without order;
and, in the midst of the world, where the Divell is opposing, and
corruption mightilie working, we may be assured that the integritie of
the Word of God cannot stand without Government and ecclesiasticall
discipline. Our Lord gives it the name of the Keyes of the kingdome of
Heaven—a glorious name, indeed; and the Apostle, 1. Cor. 5., calls it a
power committed to the Kirk, not for destruction, but for edification.
In the nature of it, it is not so much magisteriall as ministeriall
power; and, though the power be great it is principally in his hand who
is Lord and Master of the house—the Son of God, who hes absolute power;
and we are but his ministers and servants. Ye know it is requyred in a
servand, and especiallie in a steward, (and we are called stewards and
dispensatoures of the misteries of God,) that they be found faithfull.
We must stryve to approve our selves in the Masters sight, who is sett
over the house. The power committed to us is very great, if we consider
the effects of it. Mathew, ch. 18. the effects of it are set downe. If
we proceed in sentenceing of a man, especiallie if we goe on that far
as to excommunicat him, he against whom the sentence is pronouncit,
is counted a publican; or, if ye looke the Apostles word—more: he is
given over to the hands of the Divell: he is put out of the Kirk; and,
although it be horrible to think on such a thing, yet the fruites of it
are sweet—for God heirby is glorified; for surelie, in despyte of the
world and the Divell, he will be sanctified of these that drawes neare
him. The terrible example of Nadab and Abihu is a sufficient document
of this. Ye know the Word and the Sacraments are holy and sufficient
meanes to convey grace. They should be purged of inventions that men
hes put upon them; and sicklyke that Gods house should be purged of
scandall and leaven, and these also against whom the sentence passes,
if they be not in a damnable caise and incorrigible, it serves for the
subdueing of the fleshe and wakening of the spirit—if there be any such
distinction to be made between the fleshe and spirit. This is the last
and most extreame remedie to subdue the fleshe and waken the spirit.
So it is necessar, that we now assembled in Christs name, so solemnlie
and so weill warranted, goe on with auctoritie; for, though we be weake
and unworthie instruments, we must consider what keyes he put in our
hands, that hes the keyes of the house of David, that shutts and no
man opens, that opens and no man shutts. I may give you assurance, in
the name of our Lord, that if we goe on as we are warrandit by Him,
without partialitie and respect to men, but having respect to the
honour of God and weilfair of this Kirk—if we goe on with sentence and
excommunication, that which we doe on earth he shall ratifie in Heaven,
and we shall be all witnesses that he shall ratifie the same. If there
be any of the particular Complaints that are to be given in, let them
be presented heir, to be red be the Clerk.

Mr David Lindsay said—We have met, and thir processes which are deducit
and concludit we have sent the formalitie; and such as we produce
heir, according to our judgment, are of weightie causes, and formerlie
deduced. Uthers complaints are considerit by us, and we have advysed
and tane this course, only to advyse them before what judicatorie they
shall not intend proces; and if the Presbitries where they dwell be
competent judicatories, let them goe to them; and if not, let uther
Presbitries be joyned to them. Heir is ane proces against Mr David
Mitchell.

       *       *       *       *       *

[_Case of Mr David Mitchell._]

Moderatour said—We should have heard truelie with regrait of their
persons—yea with joy when we see the Lord putting to his hand to purge
his awne house.

Then was the proces red against Mr David Mitchell.

Then Mr Henry Rollock said—It may be thought that he should now have
spoken more of that kynd; but truelie, till the last day of his
suspension, he was bussie therein; and some pointes of doctrine came
to our knowledge after the proces was closed—namely, that it was
ane abasement for kings to be subject to the Word of God; and when
he wrote to us he carried so much neglect to us, that he called us
not brethren of the Presbitrie, but brethren of the Exercise of the
said judicatorie—alluding it was _nomine tenus non re_. Lykewise he
hes declyned the Assembly; but, indeed, it wer a pittie of him, for
utherwayes he hes good partes.

Rothes said—Bellermine had good partes; but he would be ane evill
Minister for the Kirk of Scotland.

The Moderatour said—There are two sortes of Arminianisme. One is that
which hes troubled the Low Countries, and hath spred itselfe so farr,
and that is nothing but the way to Socinianisme, and _Socinianismus
inchoatus_ is _Arminianismus consociatus_. Certainlie no man that
will consider aright of the poyntes of Arminianisme, but he will
see more nor the seids and grossnesse of Socinianisme. There is
ane uther Arminianisme mentioned by some in England, and uthers in
Scotland, and that runs in ane uther way—it runs to Papistrie, and is
_inchoatus Papismus;_ and if ye consider this, how our doctrine, and
the particulars of our Confession of Faith, taught by the ministers
of the Kirk of Scotland since the Reformation, how thir pointes
began to be depraved by Arminianisme, and poyntes of Poperie, joyned
with their poyntes of Arminianisme, and next consider how that the
externall worship of God was in changeing by the Service Booke, I
see nothing deficient for the whole bodie of Poperie but the Pope
himselfe—Convertion of a Sinner—universalitie of the matters of Christs
death—justification by workes—falling away of the saints; and then, if
we had receaved the Service Booke, what difference had beene ’twixt the
Romane faith and ours, if we had subjected ourselfes to the Pope? I say
it, that we may acknowledge the goodnes of God that hes thought good to
visite us thus with so sensible an opportunitie, that if we had gone
on, our case had bein so desperat and miserable, that none of us can
conceave: but great is the Lords mercie; and we have all of us reason
to make good use of this good occasion, quherin sick evills may be
prevented in tyme. We heard the proces, and we desyre not to proceed to
the sentence this day; but we will heare the judgement of the brethren.

Then was Mr David Mitchell called upon.

The Moderatour said—We have to consider that this Kirk hes not been
acquainted with Censures of that kind, blessed be God! Howsoever,
there hes bein a great and lamentable schisme in this Kirk these many
yeares, yet few poyntes of heresie could be objected against any of
this Church who were verie free of it before; therefore no marvell
is that we Ministers and Elders be not so throughlie acquainted with
their differences as utherwayes we would have bein: but since the
matter is gone so farr on, and corruptions are vented so braid and
wyde in this land, it were meet we were acquainted with them that we
may discerne betwixt trueth and errour, light and darknes; and if it
seeme convenient to the Assembly, it is good that some Ministers that
are best able make some discourse of this matter, especiallie to shaw
what we hold with the reformed Kirkes, which hath beene so publictlie
contradicted by thir preachours, and how their tenets contradicts our
tenets as the reformed Kirkes. I know there is ane uther proces against
some uthers in Schooles of Divinitie that hes the same poyntes, and
uthers preachours lykewayes, and it would seeme to have beene done of
purpose, and that they are all joyned in ane combination together for
venting such poyntes of doctrine; for there is come doune some poyntes
from England, which were holdin to be the tenets of a great learned
man, and thir preachers seemes to be his schollers.

Then said the Moderatour—Let us heare some moe two or thrie Billes.

Then there was red against Doctor Panter, Master of the New Colledge
of Sᵗ Androwes, containing many erroneous and Papisticall poynts of
doctrine.

Then there was read a proces against Mr Alexʳ Gledstanes, Minister of
Sᵗ Androwes.

Then the Committie for Din and Carnaigies Commission was called.

Mr James Bonar said—If we find that if the last election had not
interveened, the first had beene good; and if the first had not
proceedit, the last had bein good. The first wants ane act of the
Presbitrie and their Subscription, and so it wants the formall poynt
but gives commission; and the uther hath proceedit from ane desyre to
be electit.

The Moderatour said—It were les prejudice to want the voices of them
both, then to doe any thing that may prejudge the Assembly afterward.

After lang controversie to and fro about this particular, the rows were
called, and the Assembly voited that neither of them should have voite.

       *       *       *       *       *

Sess. 11.—3 Decʳ 1638.

After prayer made by the Moderatour,

My Lord Argyle said—Ye remember heir I made protestation that nothing
might be done that might seeme to wrong Soveraigne auctoritie; for
albeit I be not a Member of this Assembly, yet I have leive to
represent my opinion; and truelie I will say, I know no better way for
you then every way to cary yourselves modestlie, keeping all dutie
and respect to whom it is due. And I remember of a good passadge—_si
tacitus possit corvus_, &c.—therefore my humble desyre to you all, and
especiallie to the Ministerie, is, that ye be very spairing to meddle
with the Kings power and auctoritie—not that I suspect any, but that
I hope all knowes what is my meaning. They are wise I hope who are
entrusted in this worke, and knowes what is their duetie to a good and
graceous King; and I trust our Master will be wise in his commands, and
so there will be the lesse neid to meddle with any thing of this kind;
therefore take this advertisement from me, least any sclander be layd
on this bussines. I am very spairing to insist; but what I have said it
is out of affection to the caus.

Moderatour said—We are obleist to the goodnes and providence of our
God that hes given unto us so wise and honourable a Member to sitt
heir to give tymous advertisement concerning our duetie—perhaps
rather to prevent that which might ensue nor to censure any thing
that is done; and surelie we ought to consider, that, altho’ the
Kirk of Christ, especiallie assembled in ane counsell and such ane
Assembly as this, hath very great power, yet they should very weill
observe the limits of their power; for, first, altho’ we have power
to judge betwixt true and false doctrine—altho’ we have power also
to consider the mater of the Sacraments—the sealles of the doctrine
of the life and manners of men throughout the kingdome, and of the
maters of the Policie of the Government of the Kirke—yet our power
is not autocratistical but ministerial and subordinat, and ought to
give the Lord his owne soveraignitie annexed to him, and to give every
one their owne place. Let the Lord have the first place—we will not
give his glorie to another; and let Cæsars have their owne places.
And surelie he thocht I spack very distinctlie of this purpose that
said—“God or his Spirit, speaking in Scripture, is the judge, and that
the Kirk is not judge but index, and that the Christian Magistral
is Vindex; and so give every one his owne place.” The judgement of
Soveraigntie and absolute jurisdiction belongs to God; and this is
that great Soveraigntie which must keepe us in the right way, without
the which our sillie witts would wander in the bypaths of errour.
Since it hath pleased Him to manifest his will in his word as if he
were among us and we heare his voyce, we should stryve to decerne his
voyce, and governe our proceedings thereby. Next for the Magistrat—he
is the keeper of both the Tables, and ane avenger of the breakers of
both; and we are not to judge so uncharitablie and so unreverentlie
of our superiors, especiallie of him who is in the highest place
above us, that he will usurpe any thing propper to the Lord, who is
only absolute Soveraigne. It becomes us to content ourselves with
the interpretation of Scripture, or with the indications of it as
that word which I alreadie used imports; and for that which my noble
Lord hes bein speaking, it becomes us to think reverentlie and speake
modestlie of superior powers; and I am sure there is no subject but
they will be more carefull to take heid to their words and wayes both
in pulpits and other places, nor if the Kings Majestie were present
himselfe. I remember of ane example of ane worthie man in this Kirk who
did oftentymes preach in the presence of King James; and when the King
was absent he alwayes spacke with greater reverence, and recommended
subjectione and loyaltie to all subjects; but when he was present, he
told him all that he heard of him; and I wish all of us would carry us
so; and altho’ his place or his Commission be emptie, let us thinke and
speake as if one of them were into it: let us carry ourselves as in the
sight of God and of our Consciences which are both ane; for seeking the
approbation of a good Conscience we approve ourselves to God, and next
in his Majesties sight; and we need not thinke that the wordes that
are spoken heir will [not] be caried to him with a worse sense put
on it. If his Majesties Commissioner wer heir present there neidit no
report; but since it comes to passe that things are made worse, we have
so much the more to take heid to ourselves: and I hope of the Spirite
of Wisdome and Pietie, which teaches all loyaltie and subjection to
superiour powers, shall so direct us as there shall be no caus to
censure any man justlie.

You remember, right reverend and weil-beloved, there ware some thing
spoken heir be occasions of a particular complaint given in against Mr
David Mitchell, for mentaining poynts of Arminianisme; and we desyred
ane of our reverend brethren to speak somewhat for refutation of that
errour.

       *       *       *       *       *

[_Arminianism discussed._]

Then Mr David [Dick] raise and spack as followes:—The taske is large,
the tyme is short; therefore I will sett myselff to as little tyme as
I can; only I would have this preface in the beginning, that we would
all labour to have errours in als great detestation as any corporall
vyce; and doubtlesse, if our eyes were open to see the bewtie of trueth
and the good fruites of it, and to see the vyldnes of errours, and the
fearfull consequences of it, we would need no exhortatioun of this
sort. For the preaching of errour is like the selling of poysoned
pestied bread, that slays the eater of it, and infects with the breath
every man that comes neir hand; and albeit the Lord hath brought in
wholesome food in his house, and hes held his table long covered, yet
the malice of Sathan, and the bussines of the Pope to recover his
Kingdome, and the dalliance of worldlie men, hes sett instruments on
foot to trouble our Church againe; and God, in his deep wisdome and
justice, hes suffered the matter to goe that farr on, that we might
see what a fearfull sin it was to put the keyes of the house of God in
wrong hands, and what evil freicks, errours in discipline would bring
foorth, and also that he might punische the unsanctified and proud
witts of men that would take upon them to governe his Kirk, as also he
would have these ministers in this land corrected for their negligence
who are like the rest of the countrie, who thinkes of armes whilst they
are in peace. So have we done. In tyme of peace, we were all secure,
and dreamed not of straites, and studied for no more but to get ane
sermone in the week; yet blessed be our God, who hes alse many painfull
and faithfull servands as will be sufficient to cleare his trueth of
his Kirk against all that will say the contrair.

By the power of Jesus, I will take up my speach in thir heads. First,
I will lay out their errors in 4 heads; Secondlie, I will lay out our
doctrine in uther 4; then, Thirdlie, I will lay out before you the
cullours they use instead of probation; Fourthlie, then I will lay
before you some maine reasons which are the cause and ground of all
the errours, and the grounds whereupon the dispute runs wrong on their
syde; then I will shaw you the bulwark wherein our strenth stands;
Lastlie, I will answer some objections, and so close. For the trueth of
our doctrine, I will content myselfe with a place or two, and is in the
hinder end of the 52 Isai, and 6 of John, 29 vˢᵉ, which is sufficient
for a confirmation of our all doctrine against all Arminians.

(1) For the first, The Arminians they grant ane election; but such a
ane as makes man to be a chooser of God, and not God to be chooser of
man, that by their course God shall choose a man 20 tymes, and refuse
him or reprobat him 21 tymes, and the man to goe to hell in the hinder
end.

(2) For the death of Christ they make a great bussines for it, as if
they were the only men that knew to extend the worth of it; but it
comes home to this:—Christ layes doune his blood, and buyes no waires
bot a possibilitie of some mans salvation—that is to say, they extend
his death in drawing on of a bargane betwixt God and man, to put man
in the termes that Adam fell into, that man may take a new essay of
himselfe, by the force of universall grace, to hold his feet where Adam
fell.

(3) There is concerning mans conversion, wherein they would seeme to
plead for themselves, that they are seeking no more but to make man to
be no stock nor block, and if they had no further, we should easillie
grant that he were not a stock in his conversion; but he is a quick
divell, and when it comes to the upwith, heir doe they schoot to put
all the matters in mans awne hand, that God shall be the giver of
abilitie to convert by giving the man a power of frie will, but the man
shall have the glorie to turne himselfe to God or receave grace.

(4) For the last and fourth poynt; they sever poor simple man, and
setts him alone with the staff of his frie will tottering in his hand,
and the Divell, the world, and sin tempting him; and then they dispute
with him, saying, that there is no assurance of perseverence, and that
the saints may fall away and all the rest of it, while, as they should
joyne all his helpes with all his hinderances, and should put him in
the hand of ane cautioner and guyd to teach him and correct him, and
raise him up when he is fallen.

These being their four errors, I oppose to them the doctrine of the
Kirk of Scotland, whereof we may all thinke good the day, and thank
God most heartilie for it; and seeing I have gotten leeve to speake,
I blesse God in Jesus Christ our Lord, that evir looked upon the Kirk
of Scotland, to give us a doctrine that will not suffer itselff to be
disgraced by errors or false doctrine, but will take the place of it in
the hands of weake Ministers who will not boast of their learning, but
whose glorie is simple trueth; and in that we will glorie more nor in
all the learning in the world, finding ourselves guarded against all
the Scribes and disputers of the world, since they have the trueth of
Christ in simplicitie according to the word.

1. We give this for our doctrine out of the word of God—That there
is a number severed out, in Gods speceall purpose, from the race of
mankind, and advanced above the state of nature, to the estate of Grace
and Glorie, by a speceall designation, and that for no foirseene good
workes in the man, but for his free Grace and good purpose who helped
to make the man, then to put the saule in him, and then to put such and
such graces in his saule, and restoir what was fallen in him, and so
make him doe good workes. This ground is clear from Scripture. Ye know
he will have mercie on whom he will, and whom he will he hardnes; for
he is a Soveraigne Lord, and, of his owne workmanship, he can advance
ane pairt higher of it then ane uther, and doe no wrang to the rest.

2. For the matter of Christs purchase by his death, we teatch that our
Lord made no blind blocke, but wist weill what he bought, as the Father
wist what he sold; and had his scheepe before his eyes and was content
to lay doune his lyfe for them; all thinges that belonges to lyfe and
Salvation he layd doune such a pryce to the Father, and declaired, by
a Voice from Heaven, that he was pleased with it—“This is my beloved
Sone.”

3. For conversion we say, that how quicke, how reasonable soever a
man is in the houre of his conversion, considering him as he is, a
naturall man and so wicked in himselff, that there is so much power
in the Gospell of Grace, the Spirit of God concurring therewith, that
he is able, not onlie morallie to perswade and convince the man, but
effectuallie to induce the mynd of him—keeping himselfe still in a
freedome of will, that most willinglie and frielie makes the man turne
unto God, and to take his Mediator and God in his armes, who before was
in the armes of Sathan.

4. For the fourth we say, that, albeit it is true there is nothing
vainer nor man—nothing lighter than he—he being laid in the balance,
and nothing fickler nor he, for at his best estate he is altogether
vanitie—yet He that hes bought him deare will never leave him nor
forsake him. That man that he hes begun to take be the heart, and to
speake to as he uses to doe to these quhom he setts his mynd upon
and calls according to his purpose, he so admonishes him, reproves
him, corrects him, and causes him to eat the fruit of his owne wayes
in cace he deborred, that he causes him cast all consolations from
himselfe—from men—from the world—from sin—and makes him faine to creipe
in under his Lords winges, and bringes him through all doubts, and
rubbs difficulties and temptations, and never leaves him till he sett
him before his Master and Lord.

Now, their cullours are chieflie thrie—first, from Scriptures, rent
ane of them from ane uther, as if there were no Scripture but that
text quhilk they would seeme to prove their errours by, quhich text of
theirs being compaired with uthers, is our doctrine; and by soe doeing
they deale lyke sophists rather then telling the mynd of the Spirit of
God, who tells not all his mynd in ane sentence, but must be waited on
till he tell his last word; and reason it be so—as, for example, when
the matter of mans salvation and conversion is spoken of, to say the
Lord sweares he loves not the death of a sinner, and we oppose to them
ane uther Scripture, that he laughed at the destruction of the wicked;
where they take the ane place and not the uther, and takes not that
quhilk agries with—but he rejoyces at their destruction—not as it is
a destructione of the creature: but when man wilfullie rejects grace
and mercie and scornes God, it is righteous wᵗ God to rejoyce in his
destruction when the man will not rejoyce in his mercie.

Ane other of their cullours is a number of calumnies of our doctrine,
where before the ignorant and unlearned, that understands not what we
teache, they seeme to speake to them with some face, as if our doctrine
did open a doore to sin; whereas howsoever as in other professions
there are too many prophane among them, if all of them be not so, yet
amongst us, the doctrine is not such that if any man be prophane or
abuse the trueth that is spocken, he beares the blame himselfe and not
the Lord.

Their third cullour is plausable humane reasones and discourse, drawen
from the corrupt judgement of unsanctified men—as if men wer to sitt
downe and lay the platforme of his owne Salvation, and not to leave it
to the Word and to the Lord; but humane reasone shall prove a foole
when it comes to the contrare of these two.

The grounds of their mistaking are thir—I. That they confound the
decreet of God concerning the last end of man with the maner of the
executiones of the decrie of the meanes: as, for example, they draw
all their objections from the matter of Gods treating with the Visible
Church, wherein God takes up the ridle and seif and fyne of his promise
and commandments, threatenings, and conditionall offices, and sifts out
the man that is his owne, and leaves the rest unexcusable. They draw
out a decreit of this, as if God had been unresolved when he began to
speake conditionallie to man—as if there had beine no more determinat
concerning the man he had a purpose unto, nor the preacher that must
speake to every ane of his auditours; and this error drawes verie
deepe, for they make Gods decreit, reducit according to his frie will,
layes Gods decreit by, whill man falles in his lappe, and so makes God
resigne his Soverainitie, whill the end of the world they make man goe
and God to stand by: for man will guyde the matter of his salvation
by his frie will, and so they make God a spectator or a furnisher of
directions only as he is called by the mans frie will. God comes in at
frie-wills back and furnishes directions, and frie-will determines;
and so they give a Godhead to frie-will, and makes God resigne his
Soveraignitie quhill doomsday, and only now coming in at the back of
free-will, following the designations of man.

Ane uther reason of theirs is this—that they extend the death of
Christ only to a possibilitie of the salvation of all men, and to the
possibilitie of the salvation of no man—making Christs death to have
the oune operation sufficientlie, if Christ facilitat the way betwixt
God and man; howbeit, Christ never got a man saved nor ever eat the
fruit of his laboures, whereas our Lord was never so evill a Merchand
as to lay downe his lyfe, and never will therefore, nor sick a foole as
to make a bargane whilk might be suspended by mans fickle frie-will,
who hes that much prudence that he forsee a losse or danger he will
governe it.

A third errour is this—That they think Gods effectuall working in the
conversion of man cannot subsist with the reservation of the nature
of his owne frie-will, even as if the saints in Heaven, and the
spirits that are perfyted, and Jesus Christ our Lord, in his manhead,
had never done, nor could never doe, a turne but of necessitie, and
nothing of frie-will; for, except they got this soveraignitie to mans
frie-will, if the will of God overrule him, and determine him to doe
good, presentlie they cry out, he’s destroyed the mans frie-will; as
when a man preaches morallie to ane auditour, leaving nothing undone to
persuad them by his word, he hes left their freedome never a straw the
less.

According to the Popish and Arminian grounds, the man being left
standing his alone, he must fall away from Grace; for sure Christ hes
done all that can be done by a Mediatour, and then only stand besyde
as a spectator (as they say.) I wonder nothing that they speake of
perseverance as they doe; for if the world were left to us our alone,
we would fall in the myre; whereas, in the perseverance of the Saints,
the man and the master goes togither—the debtor and the cautioner goes
togither—the captaine and the souldiour goes togither—Christ and the
man never sheds; and howsoever we grant that without Christ we can doe
nothing, and that if there were no more nor our strength, all would goe
wrong; yet, with Christ, we are able to doe all things, and bring any
thing about that he is to imploy us in.

Thair maine errour is this, (let me speake it with reverence towards
your learning)—not knowing the Scriptures, and the power of God in the
matter of the Covenant of redemption betwixt God and Christ; yet there
is enough of it in the Scripture. They pointed at it themselves, which,
if they should have followed, they might sein all their matter in the
midst; for the Covenant of Salvation betwixt God and man is ane thing,
and the Covenant of Redemption betwixt God and Christ is ane uther
thing. The Covenant betwixt God and Christ was done and endit before
ever there was a word of it in the world; but the Covenant betwixt God
and man is by the meanes of the Mediator, which makes all sufficient,
and he is our strenth and bulwarke; and when all their objections are
made, we steppe to our Magna Charta, and where we can get any gripping
we hold it fast, to wit—the Articles of a Superior Covenant made by
Jesus Christ, our Mediator and Advocat, in which there are articles
contradictorie to all Arminians, that so there shall be no more
possibilitie of the breaking of these Articles, nor of garring God and
Christ faill. When an end of a bridge falles, the uther must fall with
it; so when our frie-will is the ane end, and Christ the uther, then
must it stand; and heir, I say, is our bulwarke.

Their generall objections are three. The first is, that our doctrine is
not good, for we terrifie them, telling them that God has a speciall
election and speciall reprobation; and our doctrine, say they, is not
good for tender consciences that are converted. We desyre no better
answer for the tyme, nor retort their objections back againe upon them;
and we say that their doctrine is not good for Conversion, becaus they
keepe the man unhumble and unpenetent. They never gar a man say, “I
have no strenth nor abilitie to doe any good to my selfe—Lord amend
me!” But they keepe a man from denying himselfe, and how shall follow
Christ? But our doctrine layes man in the dust, and garres him peepe
of it: and so our doctrine for conversion is very fitt; and if our
doctrine prevaile that farr with any man as to garr him grant that he
hes nothing, then presentlie our Lord keepes him, and gives Grace to
that unworthie bodie. Every man that takes with his sinfulness, our
doctrine pulles that man in the armes of it. I say more: our doctrine
drawes any man fra that—“I will not be saved albeit God bid me,” but
garres him either come to a note, or professe himselfe to be hypocrite;
and for these that are tender and weake, he caries the matter so, that
he will not breake the bruised reid, if he grant he hes inlaiked and
would be helped of yow, but if (a would be helped) he keepes him, and
proppes him up on all hands. Upon the uther hand, our doctrine will not
let a man lay his platt upon Heaven; that is, not in the way to it. It
will not let him say he is a believer, except he be labouring to worke
by love, and expres his faith be his obedience; and we retort this upon
them, for they say it is in the mans power, when, how, and in what
measure he will determine what he pleases; and so a man may say, “I am
young, and I may delay till death comes, for it will come not so soone
but I will get halfe an houres advertisement;” and so their doctrine
opens a doore to sinning rather then ours.

Now for the grounds. Looke what the Scripture sayes for us, and that
will settle the bussines. The last pairt of the 52 Chap. Esai—“Behold
my servand shall deale prudentlie; he shall be exalted and extolled,
and be very high.” There Christ is called the Fathers servand, becaus
he was designed to take on our nature, and to bring in the Elect
Children. It is said of him, that he shall deale prudentlie—he shall
keepe up the doctrine of electione and reprobation, so that never man
shall get the doore dung in his schafts that would be in, but does good
to all, to the kind and to the unkynd, and layes no stumbling blocke
before them that perisches. No man shall ken the reprobation of any;
but election shall have many markes, whereby the man may climb up to
the Palace, and by tyme read his name in the Booke of Lyfe. How will
this matter be brought about, his visage was so marred more nor any
man? They say that indeed Christ will get a blecked face by the gate;
and he get this done, he must waide the glarre myre of our sins and
the punishment thereof. Our Lord got his visage marred; but what will
be uncertaine of recompence? This it was told him 5000 yeares agoe,
that he should be exalted, extolled, and be very high, and that kings
should speir for him. Take yow all good heart. The caus that we are
about the day, Kings shall speir for it, and shall be forced to heare
it in due tyme, by Christs wise bringing about the matter; and becaus
men would thinke this universall, he tells in the beginning of the
next chapter that it was for none but these to whom the Lords arme is
reveilled. The reasons wherefore the reprobates would not believe:—he
tells us there are some wicked persons, who, tho all the miseries were
before them, and wer dealt with by never so many arguments to turne
from their former wickednes, yet they will not leave their owne wayes,
but wilfullie choyse the wayes of death of their owne accord. And (John
6) our Master telles—“All that the Father hes given to me shall come
to me; and they that comes to me I will not cast out, but will raise
them up at the last day.” He must keepe not only your soules but your
bodies, yea, and your very dust, and shall never be tane aff the hand
of the Sone of God till he render up the Kingdome to the Father.

Now I will close my Speache. By all meanes lett Christs parte in the
Scripture, and the thinges that concernes his kingdome and persone
be better studied by us; lett this Covenant, made betwixt God and
Christ, and betwixt God and us through Christ, be better studied; for
since the whole Byble takes the denomination from this Covenant, it is
recommended to us to studie it better, where ye see our Lord hes tane
course to make all thinges fast, and hes so wiselie expressed in the
Scripture, that no man shall have leave to presume to despair, to be
profane or abuse the doctrine of Grace upon any just ground.

Now for the theses. They shall be given in write ryplie at a convenient
tyme.

1. There is a Covenant of redemption betwixt God and the Mediatour
Christ, preceiding the Covenant of Grace and Salvation made betwixt God
and the faithfull Man through Christ, which is the ground of all this
treating that God hes with Man in the preaching of the Gospell.

2. In this Covenant of redemption betwixt God and the second persone,
designed Mediatour betwixt God and Man, the elect wer designed and
condescendit particularlie upon their number and names, with their
gifts and graces of grace and glorie to be bestowed upon them, and the
tyme and meanes to bestow it, was all condescendit and agried upon.

3. The pryce of the redemption, what and how much should be payit by
the Redeemer for the purchase of all these gifts, how lang he should be
holden captive of death, &c., all was determined.

4. The Mediatour was made sure of succes before he pat hand to the
making of the world; and all the elect were given to him and their
salvation put in his hand, with all power in heaven and earth given
to him to bring it to passe; and so he is sure to find out the man to
pursuade and convert, to lead him through toutches and temptations,
through fears and falls, till he bring him to peace; and this refuge of
the soule is a sufficient post against all Arminians doubts.

5. He manadges this matter in the dispensation of the Gospell so
wiselie, as it gives no man any reasonable ground either to presume
of Gods mercie or to despair of Gods grace; he tempers it so that the
holiest man shall have no matter of comfort except he walke in the way
of holinesse, and the wickedest man shall not be put out of hopes but
to be receaved whensoever he will turne in to seeke Grace, and lyfe,
and holiness in Jesus.

Then Mr Androw Ramsay was desyred by the Moderatour to speake somewhat
of that subject.

Mr Androw said—I have nothing premeditat; but this shortlie, _ex
tempore_. The question betwixt us and the Arminians are thir—1.
Whether our salvation runs upon the hingers of our owne will or upon
Gods grace? Our salvation is considered in five respects—1. As it is
ordained; 2. As it is purchased; 3. As it is offered; 4. As it is
applyed; 5. As it is perfyted.

First, as it is ordained, it depends on God, according as he forsaw
mans warkes, (as they say,) and swa to depend on mans will. Some, he
saw their warkes would be good, and he choosed them; some he saw their
warkes to be evill, and he rejected them; and so they make the first
originall chartour to depend on mans will, salvation being ordained.

2. Then it is considered as purchased, either actuallie or
potentiallie; potentiallie, as Christ died for all; effectuallie, as it
depends on our will; actuallie, he died for all. Who would receave his
grace should be receaved, and who rejected should be damned.

3. As it is offered by God or accepted by us, it depends on mans will.

4. As it perseaveirs, it depends on mans will; and so they make his
whole salvation to depend on his will. He elected us becaus he saw our
will that we would accept grace, and died effectuallie for these whom
he saw would accept grace, and that he would offer grace to such as he
saw would perseveare.

(1) We say it depends upon Gods grace, and that he elected such and
such to salvation when he might have condemned all.

(2) We say that Christs sacrifice was not offered for all, nor for one
of the reprobats.

(3) That the effectual calling of man, when the Lord offers grace, the
man may potentiallie reject, but not effectuallie; for he writts the
law in his heart that he can reject it.

(4) It stands not by mans will, but by Gods grace; so the Arminians
question our salvation in these poyntes, and says it depends on mans
will. We say it depends on Gods grace. Our reasons are these—1. If it
depend on mans will, and not on Gods grace, then Christ had not said,
“I thank thee, O Father, that hast hid these things from the wise and
prudent, and reveiled them to babes; even so, Father, because it was
thy pleasure.” 2. If our salvation dependit on our will, then grace
should depend upon nature, and should be a subservient caus to nature.
3. God, who is a independent being, should become a dependent being;
for, if his will dependit on man, then Gods will, who is independent,
should become independent. 4. Last, it is against that action in the
schooles: for _actus secundus_ should be _prestantior primo_; and so
they give all the glorie to man, and we give it to God; and we have the
consent of all the antients, and the whole Roman Kirk, (till of new
some Jesuits has risen up,) that our election depends on Gods grace.

Then the Moderatour said—We have reason to blesse the Lord for his
graceous providence, that, before this errour spread very far, it hes
pleased him to nippe it in the bud; and God be thanked, who hes raised
up some spirits in our tyme to acquaint themselves with this errour,
that they are able to refute it. I have some tymes hard that there
be two very small poynts, as would seem, wherein this great errour
does consist. They are like two grammarians: the ane is, whether the
word Elect, or, in Latine, _Electi_, is _nomen_ or _participium_. The
question is, whether we doe believe, becaus we are chosen to faith?
They say God chooses men because they believe. We say this—That we are
elected comes from Gods free grace. There is ane uther word about the
signification of _ante_ and _pro_. They take _pro_, that Christ hes
died, _pro omnibus_, for the behove and benefite of all. We say that it
hes ane uther signification, _vice omnium_—I meane as Scripture takes
it—that is, for all sortes, and if it be tane _vice electorum_ they
must be saved in whose place Christ hath died.

[_Bishop of Orkney’s Submission._]

After that there was ane Letter from the Bishop of Orkney, and produced
by his sone, wherein he submitted himselfe in all respects to the
Assembly.

After that, Sir Archbald Stewart of Blackhall, as Counsellour,
declaired, by Mr John Hamiltoun, his Minister, that he subscryved the
Confession of Faith, as it was first subscryved in the year 1581.

After that, a young Gentleman, of excellent pairtes, called Mr Joⁿ
Forbes, brother-German to Craigievar, who had bein in forraigne
countries, and in ane Universitie in England long, and drank in the
love of the customes of these Churches, and, after he came to Scotland,
was confirmed in the lyke opinions in Aberdeene, by the Doctors there,
and came onlie occasionallie of purpose to have stayed but ane night,
and then retired to Ireland; and, seeing the progres of this Assembly,
it pleased God so to worke with him that he was enamoured with it, and,
contrare to his former resolution, came in before the Assembly and
subscryved the Covenant.

       *       *       *       *       *

_Mr David Mitchells deprivation._

Then was Mr David Mitchells proces red, and the Acts of the Kirk was
red in the caces of deprivation.

The Moderatour said—There is a difference betwixt the censures of the
Kirk of England and ours. They make a difference betwixt deprivation,
deposition, and degradation. They say, deprivation takes away his
benefice, deposition his office, and degradation, according to the
Priests of old in the Bookes of Martyres, were degradat when they
made apostacie from the Roman Religion; and they mentained, with the
Papists, that, notwithstanding of all their Censures, there remaines
something which they call _character indelibellis_, which is a certain
impression put upon the saule of a man when he receives ordination;
but they themselves cannot tell what it is. But censures usit in our
Ministers, beside admonition, ar suspension, deprivation, deposition:
Suspension for a tyme from exercising the function of the Ministerie;
deprivation and deposition we take to be ane, becaus, when he is
depryved of his benefice, so of his office. There is ane of thir
censures alreadie put on Mr David Mitchell, Minister in Edinburgh. Now
ye have to consider what ye have to doe further. Ye have heard the
proces, and he has declyned the Assembly, contrare to the Act of the
Generall Assembly at Sanct Androwes, the year 1595.

Then the Moderatour asked Mr Robert Douglas opinion, who answered—He
is clearlie convict of Arminianisme and many Poyntes of Poperie, and
the Censure of the Kirk is deprivation for his false doctrine, and
excommunication for declyning the Generall Assembly; therefore, I
thinke this Assembly should extirpat such birds, least the Kirk receave
prejudice heirafter.

Mr Androw Ramsay said—That he promised to forbeare such doctrine,
but did it not; and not only declyned this Assembly, but used meanes
to stoppe the course, by letters from the Bishop and Commissioner,
commanding the Presbitrie to [desist] from any censure. Therefore he
deserves deposition.

Moderatour said—This is a sufficient ground of a Sentence against
him, that his doctrine is the doctrine of the remonstrances that they
avowed at the Counsell of Dort, contrare to the doctrine of all the
reformed Kirkes, whose Commissioners were there; and consequently to
the doctrine of the Kirk of Scotland; for he defends universall grace,
resistabilitie of Grace—efficacie of Christs death—apostacie of the
Saints; so he is both convict of heresie, and obstinatelie glories
in the venting of it; and so in respect of his false doctrine and
declinatour, _merito ejiciendus_.

Then the rows were called, and the whole Assembly voiced to his
deprivation.

Moderatour said—There is none here, I am sure, more loath to pronounce
a sentence of deprivation nor I, who never did the lyke; yet, since
place is given unto me, in name of this Assembly, and in name of Jesus
Christ our Saviour, I declair, that Mr David Mitchell shall no more
exercise the function of the Ministrie; and, for that whilk is laid
to his charge, he is not worthie of any Ministration of the word and
Sacraments in the Kirk of God, and declares his place to be vacant;
and ordaines the Presbitrie of Edinburgh to make intimation thereof in
their Kirkes.

       *       *       *       *       *

Sess. 12.

[Decʳ 4. 1638.]

After prayer to God, there was a long and learned speach against
Arminianisme, uttered by Mr Robert Baillie, Minister at Kilwinning.

Then the Commissioners of Edinʳ declared to the Assembly—That the
Citizens of Edinʳ, so soone as they heard their Ministers had declyned
the Assembly, they were in such a rage against them, that they would
neither heare them preaching, nor joyne with them in their Sessions;
therefore, they cravit the benefite of the Acts of the Assembly;
and in respect it would have tane up meikle tyme to have heard the
particular clauses of everie ane of them, the Assembly resolved to
delegat some men, who should have full power and Commissione from the
Assembly, to heare and examine all complaints given in against them,
and, if they deserve deposition, that they shall have alse great power
to pronounce it as the Generall Assembly, according to the Customes
of the Assemblies of the Kirk in former tymes, who may transmit the
power by Commission, _quoad ad huno effectum_. Some Complaints were
given in against Mr George Sydeserff and Mr Wᵐ Maxwell, qˡᵏ was red,
and proces produced against the persone of Leith, and Mr Joⁿ Watsone.
The Commission hes power upon all the forsaids persones in Edinburgh,
Leith, Canongeit, and Dumbar.

The names of the Commissioners—

  Mr John Ker,
  Mr James Fleyming,
  Mr James Porteous,
  Mr Richard Dicksone,
  Mr Robert Cranstoun,
  Mr Androw Blackball,
  Mr Joⁿ Oswald,
  Mr Robert Douglas,
  Mr James Symsone,
  Mr Frederik Carmichael,
  Mr Alexander Hendersone.

Nobles—

Rothes, Montrois, Lowthian, Lindsay, Lowdoun, Balmerrino.

Barons—

Auldbar, Waughton, Schirreff of Teviotdaile.

Burgesses—

Mr George Gray, Mr Robert Cunninghame, or any thirteen of them, 7
thereof being Ministers. They are to sitt doune before the end of
Januar.

Then some Ministers were sworne before the Assembly to depone
faithfully to the Committie upon the complaint against the pretendit
Prelate what they know—namely, Mr James Blair, Wᵐ Dalgleishe, Androw
Andersone.

       *       *       *       *       *

Then there was a proces against Mr Alexʳ Gladstanes, Archdeane of Sᵗ
Androwes; and the whole Assembly voited to his deprivation, and the
Moderatour pronounced the sentence.

Then the Committie, that was appoynted to be upon the nullatie of the
Assemblies, gave in their reasones, quhilk wer all red, and verified by
Acts of uther Assemblies, the Presbitrie bookes, and the King’s Letter.

The Moderatour told that the Acts of Linlithgow Assembly were sent
up and doune to Court; and, at last, when they came home, there was
ane Act shifted in among them, that these who were Bishops, _ratione
beneficii_, (for there was no such office,) should be constant
Moderatours of provinciall Assemblies, and this was proven to be false
in Mr James Nicolsones face, and the clerk called Philip, which was the
caus of the said Mr James his death. John Stewart, Provest of Dumbar,
was there, and told that he never heard such a thing voited. Adam Colt,
Mr William Watsone, Mr James Carmichael, Mr James Cauldcleuch, Mr
Androw Melvill, Mr Wᵐ Scott, and uther worthie men of the Ministrie,
were sent to Court and detained quhile this present Assembly should
passe.

Mr John Ker told, that, in the Assembly 1608, all the names of the
Nobles, Barrons, Burgesses, Ministers, directed by the King, voited
without any uther Commission, and the 13 Bischops, and from sundrie
Presbitries, four or fyve Commissioners.

Mr John Row said—I was not Commissioner to the Assembly at Glasgow
1610, but I was Moderator in our Presbytrie for the tyme, and Mr George
Gledstaines brought the Kings Letters, quhilk is registrat in our
bookes, and he brought three particular Letters to thrie brethers of
the Presbitrie nominat by the King to goe to that Assembly. I, with the
advyce of the brether, made them stand and swear, as they should answer
to Jesus Christ, that they should admit no alteration in government
of our Kirk, nor consent to any thing that might derogat from her
former auctoritie. They went to the Assembly, and, when they came back
againe, we asked at them what they had done or concludit: they would
not tell us. Alwayes ane of them, that had gotten no gold, said—“God
be thanked I have gotten nothing.” The other two said nothing; and we
thought thereby that they were in the calke. There wer thrie sorts of
voits at that Assembly—_affirmative—negative_—and _non liquet_; and he
that said _non liquet_ gat nothing; and this brother of ours, Mr John
Stewart, voited _non liquet_, and a friend of his, Patrick Stewart,
hearing that he said _non liquet_, said to him, (not knowing what _non
liquet_ meaned,) “How now, cusigne, they say devill belicket yow gatt?”
Alwayes the uther two that had gotten it, would not declair what they
had done. The God of Heaven made it manifest what they had done; for
ane of them, Mr Andro Foster, fell into a pittifull sicknesse, for he
had taken silver out of the poore folkes box with false keyes. It came
to passe that he, not being gifted for such ane place, his parochiners
would fain have beine quyte of him, and desyred him to dimitt his
place to Mr John Murray, and offered him a great soume of money, and
lykewayes offered to get him a landwart kirk, and, if his stipend
were not good, they promised to make it alse good, whereto he would
not consent; but, through vehemencie of sicknes, troubled in mynd,
feares and terrours of conscience that God struck him with, he was in a
pittifull case, and even readie to put hand to himselfe, as I can bear
witness, who was sent for to comfort him. He tooke apprehension of a
word that Chancellor Seaton said to him when he reveiled to him what
he had done—“that it were well waired he wer hanged.” He apprehendit
that he would be presentlie tane and hangit; but, having perswaded
him of the contrair, I desyrit him to tell the trueth to Gods glorie,
and he promised to answer me of any question I would propone; and I
demandit of him, first, saying—“Brother, are yow perswadit in your
heart that God calls yow to the Ministrie?” who answered—“Nay, nay,
I soght ever the world, and so seene on me.” Secondlie, I asked at
him—“What he gat in Glasgow for selling the liberties of the Kirk of
Scotland?” He said—“Fyftie merkes.” I said to him—“It is good for yow
to prepaire yourselfe for death;” whereupon he apprehendit that he was
presentlie to be execute. I besought him to pray. He said he could not;
but desyred me to pray for him, whilk I did; and, in the tyme of the
prayer, all the buttons lapp aff his breast, and [he] bled horriblie
at mouth and nose. After prayer, I asked him—“Are yow prepared to die?”
He answered—“No, woe is me!” Said he—“If you would spare my life till
the morne, I would be better prepared;” and requested me to deale with
Patrick Stewart for his life, and might I give him assurance it should
be so; so, the morne I came to see him, and he was benumed, and wist
not what he did or said, and granted that he was not in the case he was
in before. At last, he deserted his calling and came to the Presbitrie,
and gave over his place to Mr John Murray. And the lyke fell out too
with Mr Wᵐ Patoun; for he gat uther fyftie merkes: and, the poore
folkes box being broken in his house, the Bishop, at his visitation,
made him to lay downe uther fyftie merkes for it, and so he had no
vantage for that shift.

Mr David Dick said—Doctor Wᵐ Guild and I was auditors of ane who
was a verie penitent man, for taking some money at their Assembly.
He confessed he gat 40 punds; and we asked what he did with it? He
answered—he bought ane silver satt fatt with it, and he said “there was
no more to give me.”

Doctor Guild said—In trueth there was some money in dealling, but he
came to the hinder end and when the purse was weill neare teemed.

Mr Joⁿ Ker said—I know a minister, Mr John Lawder, that came when the
bag was almost teemed, and the Earle of Dumbar, who was his patron,
said—“Well, Mr John, yow are too lang a-coming, for I have no more left
but ten punds, 40ᵈ less,” and that he gat.

Mr Thomas Mitchell said he had a good-brother that was there, and
when he came hame he was asked what he gat. He answered, he saw it in
dealling, but not a penny he gatt, but was threatened by the Bishop to
be sent to Ireland.

Mr Simeon Johnstoun said—He was there, but gat no money; only went
thither upon the Kings Letter.

The Moderatour said—That might weill be your rewaird.

Then diverse other of the brethren arose and declaired that there was
both money taken and given at that last Assembly, and lykewayes they
nominat sundrie that had receaved it. Then the reasons for the nullitie
of the pretendit Assembly at Aberdein 1616 was red and proven to be
valide.

The Reasons of the nullitie of Perth Assembly 1618 was red and fund
valide, and Mr Laurence Kinneir told that his name was put out and
uthers wer put in the rows.

Mr George Muschet said—Some that came with Commissions, because they
trowed their voice would be negative, their names wer put out, and
Mr John Murray offered three or foure tymes to speake the pretendit
Moderatour, but gat not libertie; and when he came hame he said he
never saw [such] ane ordour at ane Assembly.

Mr James Cunninghame said—The Bishop or pretendit Moderatour, in his
discourse which he had be way of preaching, he was there labouring to
cleare himselfe of any imputations which he said was layd on him for
being the devyser of the 5 Articles. He tooke aff his hatt, which he
had on all the tyme of the preatching, and attested God that he never
knew of the 5 Articles till the King sent them doune, and commanded
to ingrosse them in the Assembly; and Doctor Lindsay, who was the man
that answered all the arguments, when it came to the voiting, said,
“I confesse there is neither Scripture, antiquitie, nor reason for
them;” and farder, he was heard say, “If either reason, Scripture,
or antiquitie had place, he will tyne the cause.” The question was
stated, whither, in respect of the Kings Commandment, the 5 Articles
should pas or not in ane Act? And it was urged onlie to be acted in the
Assembly bookes, and the Bishop said they should never be urgit with
the practice of them; and the Bishop of Galloway, directing his speache
to Mr James Carmichael, said, “Yow may see we conceaved the Act be way
of Councell and not be way of Command,” and so, many gave way to the
inserting of it in the booke for the Kings pleasure, who for conscience
sake would never have practised them.

The Moderatour said—Brethren, I think when ye read constitution of
Synods, and these conditions that are essentiallie requyred for making
up of lawfull Assemblies and Synods, ye will find many peccant humours
in these Assemblies against these rules, and ye will find scairce any
of them keeped. I have sundrie tymes considered the Conditions that all
divines think requisite to be keeped in Assemblies, but I could never
see ane of them keeped in their Assemblies, especiallie in that of
Perth.

Mr David Dalgleishe said—I remember it was said that these articles
seemed to Poprie, and the pretendit Moderatour said he would meet the
Pope midgate; and in voiting they wer commandit either to grant all or
deny all, for the Articles wer all voited together.

The Moderatour said—If there be any other brether in this Assembly
that hes any uther particular concerning Perth Assembly, let them
now declair it before it goe to voiting, and let us doe all out of
cleare light, solide knowledge, and certane persuasion, that we pass
not from it the nixt day. Ye know what pitiful perturbations and
tragical tribulations hes bein upon the urging of these articles, and
we have reason to blesse God, who this day calls them to examination.
I think there was four yeares betwixt the closing of the Assembly
and Parliament that ratified it, and all the tyme betwixt, there
could never a certane forme be gotten of that Act. Alwayes brethren,
becaus this is a matter of importance, and I would have you all fullie
perswaded in your mynds; any man that hes anything to say, he hes now
tyme.

The Assembly was all silent, and thereby declared their satisfaction.
Then the rolles wer called, and the whole Assembly, all in ane voice,
without contrare voice, declaired all the forsaids Assemblies to be
null.

The Moderatour said—Ye have voited unanimouslie; and these Assemblies I
trust be not only null, but hereafter shall be a beacon that we stryke
not against such rocks; _pathemata nothemata, nocumenta documenta_.

Then the Moderatour pronounced, in name of the Assembly, these
Assemblies to be null, in these words:

The Assemblie heir declaires these Assemblies to be null—to have no
ecclesiastical nor civile authoritie; and consequentlie whosoever
practises any thing under pretence of their authoritie, shall be
censured.




Sess. 13.—5 Decʳ 1638.


After in calling on the name of God,

The Moderatour said—We have great reason to blesse the Lord for these
very cleare and sensible demonstrations of his presence amongs us, both
in veritie and unitie, as we did sensiblie find yesterday. There is
none of us that hes now assented to the declaration of the nullitie of
these Assemblies, but they can gather such ane appendix as this, That
since these Assemblies ar null, no oath that were taken of any Minister
shall have any further obligation; and if these pretendit Assemblies
had no pretext of ane Assembly, and the rest that wer pretendit to be
Assemblies, are declaired to be null: and this was ane great pairt
of that intolerable tyrannie and yoke that was upon the neck of this
Church; and since all these things are now in effect dischargit and
declaired to be null that were concludit in these Assemblies, we ought
all to turne to our former practice, warrantable by lawfull Assemblies
and customes of this Church, and, no more to be acknowledgit, the power
of these null Assemblies. And sicklyke since Presbyteriall power was
tane away by these pretendit Assemblies, their power is now returned
againe; and therefore let all of us use it when we goe hame.

Mr David Dick said—I desyre that that may be insert in the bookes
of the Assembly; and becaus that some Ministers are admitted be
Presbitries, wham the Bishops refused to admitt, it wer good it wer
ratified in the Assembly.

The Moderatour said—That which they have done in Presbitries, according
to Presbyteriall order, cannot be null.

Lowdoun said—The corrupt Assemblies, which are now declaired to be
null, was a impediment to the positive grounds and the government
of the Kirk, and therefore these considerations that are propounded
heir, tho’ they follow _ex consequentia_, divers [deserves] to have a
severall act by themsellf.

Moderatour said—I think it necessar that all bands and yockes be
tane off this Kirk, that all that are of the Ministry may find and
acknowledge their libertie; but let thir things be referred to the
hinder end of the Assembly.

Then was there some witnesses sworne for information according to their
knowledge concerning the Bishops of Galloway and Brechin, namely Mr
Hugh Huchesone, Andrew Agnew, James Agnew, Allan M‘Gill, Mr George
Home, Mr John Weymes, Mr Lawrence Kinnier, Mr Mathew Weymes, Mr Alexʳ
Wedderburne.

Then there was a proces produced against Mr George Hanna and the
Minister of Dirleton which are referred to the Commission at Edinʳ.

After this there was a proces produced against Doctor Hamiltoun, and
the executions produced; and the officer reported that when he summoned
him, he bad him hang himself—he was not a treatour to compeir before
rebells; and that he was ane honester man nor any that sat at Assembly.
Then he was called on, and ane day assigned for the witnesses.

Then Mr Wilkle, Henry Stirling, Sir Robert Boyd of Bonschaw, Mr David
Elphingstoun, Mr Hendry Semple were sworne to declair what they knew
against Mr James Forsythe, Minister of Kilpatrick, to the Commissioner
for the Billes.


_Complaint against the Prelats._

Moderatour said—Now let us goe on in the great complaint against the
Prelats; and if there be any thing done in it, let it be accuratelie
and orderlie; and that it may be upon some sure grounds, for our
proceedings will be strichted to the uttermost.

Yoe know there was two sorts of accusationes given in against them. The
ane was generall, and that was the breach of the Caveats that was put
upon them to keepe them. The Moderatour said—The uther was particular
faults against them. Let us first examine the generall, and be very
exact in it becaus the examination of ane is a rule of the rest.

There was the Complaint against the Bishop of Sᵗ Androwes red, and
it was found that he had sworne the Caveats at his admission to the
Bishoprick of Glasgow, bot he had not subscryved as the first Caveats
requyres.

Mr John Livingstone said—That his father declaired to him that he was
present at the Bishops admission, and heard him swear; and a little
thereafter he went to Court, and, being reproved by King James for
swearing of the Caveats, he purchased a testificat from the Presbitrie
of Glasgow that he had not sworne and subscryved, quhilk was true,
being tane _conjunctim_; whereas he was adstricted to doe nothing
in Parliament to the prejudice of the libertie of the Kirk, but by
warrant from the Kirk. It was found that he had divers tymes voited
in Parliament to the prejudice of the Kirks libertie, but never had a
warrant from the Kirk, quhilk poynts wer notour to the whole Assembly,
and declaired by Rothes, Eglintoun, Lowdoun, Mr Robert Blair, Mr David
Dalgleische, Mr Joⁿ Grahame, Mr James Martine, and Mr James Sibbald, to
be most true.

Moderatour said—Since the Kirk of Scotland, who should have given him a
warrant, is heir, and declaires he had none from them; and, lykewayes,
since he compeires not to shaw his warrant, it is cleare he never had
any. It was also found that he had sett tacks, and sold patronages to
the prejudice of the Kirk; and diverse noblemen declaired that he had
sold patronages to them, and they said they tooke their pennyworthe of
him.

Lowdoun and the Laird of Blair, Provest [of] Dunbarton, and Mr George
Young, wer taken sworne to declaire to the Committie what they knew in
this particular.

Whereas the fyft Caution requires residence with their flocke, to
be present at their Presbitries, the Contrair was notour to all the
Assembly; and the Moderatour declaired that this 20 year he heard not 3
exercises in their Presbitrie.

The 6 and 7 Cautions were more manifest to the whole Assembly. The
breach of the 8 is evident by their declinatour, whereas they call
themselves “the Representative Kirk.”

Lowdoun declaired—That when our Petitions were framed and given in to
Counsell, the pretendit Bishop rejected it, becaus it bure, “in the
name of the Kirk and Clergie joyning with the Nobles, Gentlemen,” &c.
The Bishop of Sᵗ Androwes answered, “Whom call ye the Kirk? A number of
baggage Ministers, worthie to be banished; ye shall understand that we
are the Kirk.”

This James Cochrane witnessed also; and Mr James Bonar declaired that
in a Convention of Bishops at Leith, he heard them say these words:
“They say that they are the Kirk, but we are the Kirk, and it shall be
so; who will say the contrare?”

       *       *       *       *       *

[_Process against John Crichtoun._]

Then there was a proces given in against Mr John Crichtoun, Minister
at Pasley, whilk was red. It contained many blasphemous poynts, both of
Arminianisme and Poperie—about 48—besyde his scandelous lyfe. Then the
roll was called, and the whole Assembly voited to his deprivation.

Then the Moderatour said—Though it be our parte to doe what the Lord
hes commanded us, we should doe it with griefs and compassion of
heart; for a just sentence may be pronounced with ane evill heart:
notwithstanding, we ought to have hope that the Lord will give him
repentance; but since ye have thought him worthie of deposition, In the
name of this Assembly, and in the name of Christ, our Lord, I depose
him from all function of the Ministrie, both in doctrine and use of
Sacraments, and declaires his place to be vacant.

       *       *       *       *       *

Sess. 14.

[December 6, 1638.]

After prayer to God, there was some witnesses sworne to give their
information concerning the Complaint [against] the Prelats—as namelie,
Doctor Guild, Mr David Lindsey, Mr David Young, Mr Alexʳ Robertsone, Mr
Androw Strauchane, Mr John Rutherfuird, Mr Thomas Mitchell, Mr David
Forrest, Mr Wᵐ Menzies, Mr George Robertsone, Mr George MᶜGill, Mr
George Fleyming, Thomas Durhame, Mr George Muschet, Mr George Grahame,
and James Row, Archibald Campbell, Mr Robert Bruce; and becaus these
persones are witnesses, they cannot be judges, and therefore they
cannot sitt heir as voiters in that particular.

The Moderatour said—Ye know there was a Committie of some learned and
worthie brethren anent the Service Booke, Cannons, &c., and we trust
their labours shall have a large approbation of yow. Ye shall heare
some of them red unto yow, which we hope shall give great light unto
your mynds. Take head to them that you may be able, after the hearing
of them, to the voiting, that after the declaration of your mynd, ane
act may be drawen up such as beseemes the General Assemblie, and that
by the auctoritie of this Assembly, order may be given for printing a
Treatise which may be a guard for the posteritie to come against such
evills, and perhaps for uther Kirkes also; and albeit the laboures of
our worthie brethren take up some tyme in reading of them, I hope we
will not wearie, becaus there are many notable poyntes of heresie and
errour in these bookes; and since there hes beine great paines taken
by the authors of these bookes thir many yeares in frameing of them,
I hope ye shall find it a well bestowed day, to see the darknes and
errours of them discovered; and I am sure it will be more delectable
for us to heare thir thinges reading, nor to have bein reading these
Popishe bookes ourselves in our churches.

Then there was a large and learned Treatise red by these reverend
brethren that were in that Committie, descryving the Idolatrie and
Superstition of the Service book, the tyrannie and usurpation of the
Booke of Cannons and Ordination, and the unlawfulnes of the High
Commission, which gave great satisfaction to the whole Assembly.

       *       *       *       *       *

_The Assemblies condemning the Service Booke and High Commission._

Then the Moderatour said—Your Honours and Wisdomes all know how this
Church hath bein burdened with these great weights and multitudes of
evills, the Service, &c. Ye know also how a great parte of the Subjects
of this Kingdome, of all rankes, did joyne together in a great,
peaceable, and humble maner, and did supplicat his Majestie against
these manifold and great evills; and when at the first, they had not
such great hope as utherwayes they would have wished, to have beene
free of these great evills, how they joyned together in that Confession
of Faith and in a publict declaration, that in their judgement these
evills were abjured in the Confession of Faith 1580. Ye are acquanted
with the words wherein these same evills are abjured; “and becaus efter
due examinatione we plainlie perceave and undoubtedlie beleive that
the forsaids narations and evills,” &c. Ye know it pleased the Kings
Majestie at last to discharge all these bookes and High Commission, for
the which we have reasone heartilie to thanke his gracious Majestie;
and it hes pleased God, by the indiction of this present free Generall
Assemblie, to bring us all heir, and is now calling us to give our
judgements concerning these bookes and High Commission. I did not
thinke that any of yow neids any farder information, both becaus the
Kings Majestie hes discharged them alreadie, and becaus it is not the
first day that ye have heard of them, but hath informed yourselfes
of the evill of them or now; and though your judgements had not bein
prepaired by the laboures of our reverend and learned brethren, I put
no question but ye would have done it before out of verie cleare light.
Ye know ye must consider whether these bookes and the High Commission
have bein brought into the Kirk without warrant of the Kirk, contrare
to the order thereof, whether they containe thinges abjured in our
National Confessione of Faith we have latelie subscryved—and, in a
word, whether they be by this National Assembly to be condemned?

Then Mr Alexʳ Somervell raise up and spacke.—I approve the travells
of our worthie and learned brethren, which, I hope, hes given full
satisfaction; and for these proud men who gives proud titles to them
quhilks, calling the Service Booke “a booke of commone prayer;” for
it is commone to all the reprobat that walke in the broad way; and,
for the uther booke callit “Cannons,” it is a name which is given to
Scripture itselfe; and for their owne pride, they were not content
with that which kirk, country, and parliament gave them, but would
rise above all; and nothing would satisfie their unlimited ambitione.
It seemes that Gods hand is upon them in this instance, and not only
will take from them that which they have usurped, but also that which
was given unto them; ffor as long as there was nothing concludit but
the Five Articles, many were deceaved with their indifferencie; but
now their courses are discovered, and it is weill knowne now they are
leading us toward Rome; and we have reasone to blesse God that by the
Kings majesties indiction of this Generall Assembly, they are now
coming to voiting. And if personall faults be so worthie of censure,
much more their ministeriall errours which crosse that holy calling;
and, therefore, I hope ye are all readie, not only to give sentence
against these bookes, but against the authors of them.

Then the Moderatour stated the question—Whither doe ye reject or
condemne these Bookes and the High Commission, for the reasons
foresaids, or not?

Then the Clerk called the rolles.

Mr Alexʳ Kerse being first called upon, said—As for these bookes,
_sepeliantur sine honore:_ as they were hatched and introduced in ane
unlawfull maner, let them be buried with reproach and shame, and send
them _ad infortunatas insulas_. As for the High Commission, no tyrannie
is of long durance, and, therefore, with a short cutt, I abjure it.

Mr Thomas Ramsay said—I reject them to the jacks of eternal destruction.

Mr Androw Cant said—I think the High Commission like the Spanish
Inquisition. I think the Booke of Canons full of Popishe and Pop-lyke
tyrannie. I think the Service Booke full of superstition and massing
Poperie; and I think that Booke of Ordination, like the beast in the
Revelation, with which none could buy or sell; and, therefore, I abjure
and condemne them all.

Then all the rest of the Assembly, without a contrare voite, rejected
and condemned them all.

Moderatour said—We have very great reason to acknowledge the goodnes
of God to us, that joynes us together after such a maner, in giving so
ample a testimony to Christ our Lord, and so large a testimonie against
the worke of Antichrist in this land; and every one of us should wishe
for the same spirit to goe on with us to the end of the worke.

Then divers of the Assembly desyred that the labour of these worthie
and learned men might be put to the presse, whilk was promised.

Then there was some desyred to depone their oathes concerning the
Bishop of Galloway, Mr Robert Aird, Neven Agnew, Mr George Gillespie,
Mr James Bonar.

Then there was a commission nominat for Dundie and some adjacent
paroches, for taking order with some transgressions in their ministrie
and in Angus, as namely—

  Mr Alexʳ Hendersone,
  Mr David Dalgleische,
  Mr John Robertsone,
  Mr Andrew Wood,
  Mr George Somervell,
  Mr Silvester Lammie,
  Mr Alexʳ Bisset,
  Mr Alexʳ Cunninghame,
  Mr George Halyburtone,
  Mr Frederick Carmichael,
  Mr John Robertsone,
  Mr James Lightoune,


  Nobles—

  Montrois,
  Lindsey,
  Sinclare,
  Cowpar,


  Barrons—

  Auldbar,
  Fintray,
  Scottiscraig,
  Thomas Durhame,
  Din,
  Newtoune,
  Auchterhouse,
  James Sword,

The quorum ij, whereof 6 ministers being alwayes present; and so their
session dismissed.

       *       *       *       *       *

Sess. 15.—Dec. 7.


After in calling upon the name of God,

There were some witnesses sworne to depose what they knew against Mr
William Annand—namely, Mr James Bonar, Mr Thomas Garven, Mr James
Cunninghame, Robert Gordoune, John Knyᵗ, John Kennedie, Mr John Bonar,
Mr Wᵐ Smyth, James Cochrane, Adam Dalrymple, John Patersone, Wᵐ MᶜAdam,
Wᵐ Spier, Thomas Blair, Wᵐ Patoun, John MᶜNire, Mr David MᶜCorne, Mr
Johne Burne, Mr John Hamilton, Mr James Baillie, Mr James Scharpe, and
Mr Robert Baillie.

Against the Bishop of Dumblane—Mr Henry Livingstoune, Androw Raid, Mr
John Duncane.

Against the Bishop of Edinburgh—Mr Robert Murray, Mr George Gillespie,
Mr Alexʳ Symmer, John Blyth, Joⁿ Weymes, Mr David Dick.

Then Mr James Stewart brought in a letter, and produced before the
Generall Assembly, which came from the Bishop of Dunkell, wherein he
humbly submitted himselfe to the judgment of the Generall Assembly; and
Mr James Steuart shew ane letter written to himselfe, wherein he had
given him commission to intreat his reverend brethren not to rank him
among the rest of the Bishops, in respect he had neither subscryved the
declinatour nor protestation.

Then there was [a complaint] given in against Mr George Halyburtone,
and red, wherein he was accused for sacriledge for declyning the
Presbitrie, and for denying some of his parochiners the benefite of
baptisme, marriage, buriall, and uther benefites of the Kirk. The
Assemblie, having manie weightie and grave matters and affaires in
hand, remitts the same back againe to the Presbitrie of Sᵗ Androwes,
and adjoyned unto them, in Commission, the Earle of Rothes, Mr Robert
Douglas, Mr Robert Cranstoune, &c.

Then there was complaints given in against Mr James Fleck, wherein he
was accused for defending universall grace; who answered that he did
never defend it, as a parte of the doctrine of the Arminians; but only
that he said to the gentleman that he should not thinke hardlie of him
for that, because it was the doctrine of the Lutherian Kirk. I confesse
I citted two texts of Scripture—John 2. 1, 2, Pet. 2; but I was never
of that opinion that _Christus mortuus est pro singulis_. The Assembly,
finding it would consume much tyme to discuss the particulars, and
that they had weightie occasions in hand, did appoynt a committie for
that effect—namely Mr Matthew Brisbane, Mr Alexʳ Somervell, Mr John
Moncreiffe, Mr John Maitland, and Mr Samuel Rutherfuird.

       *       *       *       *       *

[_Bishop of Galloway deposed, &c._]

Then were the Articles that were approven against Mr Thomas Sydserff,
pretendit Bishop of Galloway, given in; and it was sufficiently proven
and notour to the whole Assembly that he was guiltie of the breach of
the Caveats, besyde many poyntes of Poprie and Arminianisme, and many
grosse personall faults.

Then was red the paynes and censures of the Caveats furth of the Acts
of Assembly.

Then the Moderatour said—We must not esteeme of mans faults according
to the worlds estimatione; for ye know if a man be not a drunkard, a
theiff and robber, &c., in their estimatione he is a good man, whatever
fault he has utherwayes. But we of this Assemblie ought to thinke
utherwayes; not that I would extenuat the foir-named faults, but are to
consider their habituall and ordinary transgressions of a publict law
is a great guiltines; or, as schoolmen speakes, _spiritualia peccata_
are greater than _temporalia peccata_. So say I. The preaching of false
doctrine, and venemous poysone of that kynde, to bring the people
from the trueth of their profession to Papistrie and Idolatrie, must
have a great censure; and, consequently, the breach of these Caveats
by him, the declyning of this Assembly, and the bringing in of the
Service Booke—which you have alreadie censured and condemned for the
manifold guiltinesse that it hes in the bowells of it—he deserves no
lessa than excommunication. I remember in the English Church there
is a sort of excommunication which the Papists call _excommunicatio
lata_—that is, when the man committs the cryme, he shall be declaired
to be excommunicat. And there is two sortes of excommunication used in
this Church: the one is called summar excommunication, and the uther
uses to have admonition before, and is _propter contumaciam_. Summar
excommunication hath beene used in this Church in two cases and was for
hynous crymes. The uther was when the Kirk was in danger by suffering
of such a member—as a rotten member is cut off least it should
corrupt the whole bodie. The uther, which is _propter contumaciam_, is
knowne to all men. In respect that this pretendit Bishop of Galloway
is guiltie of contumacie, being cited to compeir heir, and having
declyned this Assembly, his excommunication cannot be called summar,
but _propter contumaciam_. It is pittifull to see some hath such a
great conceat of their owne words, learning, and engyne that they
will not be ranked among uthers; but, as they thinke themselves above
uthers in gifts, so they thinke they should be advanced above them
in place—and, therefore, ane ordinary stipend cannot content them;
and then they begin to tyre of preaching and catechising; and thus
are tane away with the pleasures and caires of the world and idlenes.
Therefore ye have to consider what shall be their censure; and least
you eire, ye shall heare some articles that were gathered out of the
Acts of the Generall Assemblies of the Kirk, as lykewayes ane Act of 9
Parlᵗ K. Ja. 6., wherein is exprest the censures that is due to them.
And ye shall understand, whatsoever sentence the Assembly shall thinke
fit to pronounce against these, when it is all for their good—for the
destruction of their fleshe that their saule may be saved in the day
of the Lord. But let us remember that these that are deponed witnesses
against them sitt not heir as voiters.

Then the Moderatour desyred some of the brethren to give their advyce
how they should proceed in that mutter.

Mr David Dick said—It is weill enough knowne that they, having
exeemed themselves from ane particular flocke, and from the censure
of Presbitrie, and acknowledged no kind of Judicatories but only the
Generall Assembly, whilk cannot alwayes sitt; and, therefore, for the
wronges they have done to Christ Jesus our Lord, and to the poore Kirk
of Scotland, which they have tossed to and fro now these sixteene
moneths; and, notwithstanding that everie sermon hes bein taught all
this tyme hes bein a summonds for them to repentance, yet doe we see
no appearance of it, but a constant ongoing to bring this Kirk to
ruine—stirring up the Prince against the people: therefore, my opinion
is, that we declair our zeale for the Lord; and that the last censure
which is the meanes to humble proud men, be given out against them
though they should laugh at us for so doing; for since neither the
troubling of this poore Kirk, nor our prayers and teares could humble
them, it is good the last meane be assayed, and solicite God to voiting.

My Lord Lowdoun said—The not appearance of these men upon their
citation and declyning of this Assembly, proves their contumacie.

Moderatour said—Their great guiltinesse is notour to the world; and
yet, notwithstanding of all, they could never cry so much as _peccavi_;
and since we excommunicat all that wer Papists, and disobedient to
preachers and pastors, from partaking of the holy Communion; since they
are guiltie of both, why should not the censure pas against them? I
will read some words of a reverend Father, Mr Andro Melvill. When the
Bishop of Sᵗ Androwes was to be excommunicat, he said, “That old dragon
had so stinged him with avarice, and swalled so exorbitantlie, that he
threatened the destruction of the whole bodie, if he were not cutt off.”

Then the Moderatour stated the question, which was this—Whither Master
Thomas Sydserff, pretendit Bishop of Galloway, upon things layd
to his charge—the breacking of the Caveats—for preaching of false
doctrine, Arminianisme, and Papistrie, and bringing in of the Service
Booke—whither he shall be deposed and excommunicat, or not?

Then the rolles were called.

Mr Alexʳ Kerse, being first nominat, answered—I chanced lately to
see ane Extract of ane Act of a Generall Assembly holden at Glasgow,
Appryle 26, 1580, wherein is registrat that the Bishops of Isles,
Aberdeine, and Sᵗ Androwes submitted themselves to the Assembly, and
I looked that our oune Bishops should have done the lyke; but instead
of their submission, whereby they might have quenched the fire that
they have kindled, they have addit contumacie; and the said Mr Thomas
Sydserff is _Incendiarius_. Soloman sayes, “he that breakes doune ane
hedge, a serpent shall byte him;” and they have brocken doune a hedge,
and therefore the serpent of sharpe excommunication shall byte them.
And since he is alse guiltie as any, he deserves excommunication, so
_abscindatur quem nos perturbatur_.

Then the rest of the names were called; and the whole Assembly in ane
voite unanimouslie did voit to his deposition and excommunication,
except Mr Silvester Lammie, Mr Andro Ker, Mr Robert Baillie, Patrick
Bell, who the morne, efter advisement, did voit to his excommunication.

Then Mr John Hay, Minister at Raffoord in the North, produced a censure
of the Service Booke which he had written; and the Moderatour receaved
with all thankfulnes, and the Assembly thought fitt that it and the
laboures of some uther worthie men upon that subject should be put to
the presse.

Moderatour said—Ye may see that the same spirit which breaths in the
South blowes also in the North; and as some of our reverend brethren
about Edinburgh and the South hath contributed to this, so also some in
the North hath not beene idle.

       *       *       *       *       *

[_Spottiswoode, Bishop of St Andrews._]

Then the pretendit Bishop of Sᵗ Androwes was called on and the proces
red, and he proven to be guiltie of adulterie, drunkennes, preaching
of Arminianisme and Papisticall doctrine; and for this cause the whole
Assemblie voited to his deposition and excommunication as of before.


[_Bishop of Brechin._[138]]

Whilk being done, the Clarke proceaded in reading of the Crymes given
in by the Committie against Mr Walter Whytefoord, Bishop of Brechin,
[consisting of five Articles.]

After that thir and manie other faults proved against him were redde in
the Assemblie; ane paper was given in by the Committie, conteaning the
probation of his adulterie with Aleson Chrichtone, by the circumstances
which were done thereanent; as who had given her money at his instance,
who hes baptized the bairne at his requeist, and sundrie other passages
thereof were their commemorat. Which being redde, Mr Alexʳ Ramsay gave
in ane paper, conteaning that ane certaine woman, servitrix to ane
Nobleman, had told him, being to come to the Assembly, that shee had
lykewise borne ane bairne to the said Bishop, but by his persuasion
had given it to another, which her conscience accusing her for, shee
was forced to tell: whilk woman he had warned to be present at the
Assemblie for the probation of the same.

The voyces at last being sought anent his censure, he was adjudged,
as the other two, to be deposed from his office, Ministeriall and
Episcopall, and lykewyse to be excommunicat. After whilk, thankes being
given, they dissolved.

       *       *       *       *       *

Sess. 16.—Decʳ 8, 1638.

[_Lindsay, Bishop of Glasgow._]


After prayer to God,

The Moderatour said—We wer going forward yesterday in the lybell of the
Bishops, and the complaints against them. We began at the Bishop of
Galloway and then at Sᵗ Androwes and Brechin, and least it may seeme
a neglect that we are lang in coming to the Bishop of Glasgow, whose
residence is so hard by us, let us goe on to the tryell of him.

My Lord Weymes said—The Bishop of Glasgow sent ane gentleman to me
desyreing me earnestlie to speake with him; and because I could not goe
to him before the Assembly, he intreated me to desyre the Assembly that
nothing might be done anent him till I speake with him.

Moderatour said—It is good for that cause to take some uther purpose in
hand; and since your Lordship desyres that he may be superceidit, yee
shall be pleased to joyne ane or two discreit Members of the Assembly
with you to speake with him, for it is better to wound ane then to
losse twentie.

       *       *       *       *       *

[_Confession of Faith—Episcopacy._]

Then the Moderatour called on the Committie for the Confession of
Faith, and desyred my Lord Argyle to speake somwhat anent it.

Argyle said—Becaus I believe occasion may fall out that I must of
necessitie goe to Edinburgh shortlie, therefore I desyre that the
Confession of Faith, wherin I acknowledge myselfe to be tyed, might be
explained before I goe, that I may both be a witnesse to what is done
and be able also to informe uthers. There are two Confessions. One
is the Confession with the explanation: the uther is the Confession,
that which breids much questioning; some referring the explanation of
it to the Assembly, uthers subscryving it according to the meaning of
it when it was first sett doune, as the Counsell hes done: therefore
it is wisdome to consider whether ye take it to consideration as a
thing fitting and expedient or not? Or if ye take it (as the Kings
Commissioner and these of good qualitie hes done) as it was first
subscryved? If ye take it to your consideration whether Episcopacie
should be or not, it may be that more disputable; for I confesse I
have never dyvit deeplie in it. Therefore I humbly represent unto your
consideration the lawdable acts and estate of the Kirk at that tyme,
and to consider as in _Ecclesia constituta_.

My Lord Rothes said—I thinke it is absolutelie necessar, in regard that
my Lord Argyll is to be at ane Counsell day shortlie in Edinburgh,
where it is like, the Commissioner will be present, and so his Lordship
shall have occasion to give them satisfaction, if we make such grounds
heir as shall be answerable to explane the Confession that they
themselves have subscryved.

Then the Moderatour desyred Lowdoun to declair his mynd.

Lowdoun said—It is sufficientlie knawne to this reverend Assemblie
what great straites this Kirk was redacted to when the Popishe Booke
of Service, Cannons, &c., now justlie condemned, were injoyned as
the only forme of Gods publict worschip, and that some of the most
sinceare Ministers, Gods faithfull servands, were chargit, under
the paine of rebellion, to receave these Bookes, till by a Bill of
Suspensione they obtained some breathing tyme, that men of all rankes
might supplicat against these evills. It is knowne to yow also, that
by the Bishops malice and misinformation of our Prince, the answer
of all our Supplications at Stirling was returned by a proclamation,
under the paine of treason, that we should not presume to meit any
more to prosequute our desyres; so that at that tyme we are driven
to such exigencie that we behoved either to fall in rebellion and
excommunication on the one hand, or forfeiting of the way of trueth
and true religion and breach of our Nationall Covenant with God on the
uther hand; and we knew not to what hand to turne us, till it pleased
God to lead us by his light to the renewing of our Confession of Faith,
which ye know was verie solemnlie sworne throw this Kingdome; and ye
know also that no meanes hes bein left unassayed to have rescindit the
same. Then it was taxed to be ane unlawfull combination, whereof we did
cleare it sufficientlie. That our Supplication of it should be left
out, that it might be the more ambiguous in the interpretation, and
therefore it necessarilie at this time requyres ane explanation, and
the way that we have proceidit therin is this: First, we have drawen
up some reasons of the necessitie of ane explanation to be made; next,
that we may schunne the neidles dispute of Episcopacie _in abstracto_,
and of these corruptions that were introduced after they were expelled
out of this Kirk, we thought it most necessar to state the question
thus: Whither Episcopacie and these corruptions be compatable with
the doctrine and discipline of the Kirk, as it was established in the
year 1580 and 1581 to adhere? And this being examined, we hope it
will cleare all the scruples about the Confession of Faith, and for
this purpose we have drawen up a number of Articles thereanent. And
when we consider how the Bishops have striven to creip in by degries,
and have abstracket the Bookes of Records of the Kirk, which now in
Gods providence are come in our hands—and how they made many Acts of
Generall Assemblies which now are declaired to be null—and how they
have thrust themselves in the pryme places of the Estate, and by their
boundles power in the High Commission, and sheltered themselves under
the shaddow of auctoritie, oppressed the word of God;—no wonder that
some hes beene deceaved rather to think them tollerable then to suffer
themselves to be thrust from their flocks and places. We trust in God,
when it shall appeare that they have done nothing but what hes beene
protested against by Gods servands, and that they had never a warrand
from Ecclesiasticall power, and that these things were once abolished
as mens inventions, tending to the overthrow of religion and wanting
a warrand from Gods word, we hope, these grounds being cleared, we
shall all returne to our former puritie, and, by so doing, shall give
testimonie of our obedience to God, loyaltie to our King, and happie
conjunction amongst ourselves.

The Moderatour said—I am glad that my Lord Lowdouns speach hes come
to your eares; and I think that whilk scarres some most, is feare to
offend the Kings Majestie. But we are sure, when the Kings Majestie
sies we make conscience of our oath, and when it is manifest to his
Majestie that we doe nothing but what is sworne to be done in the
Confession of Faith enjoyned be himselfe, we hope he will think them
good and loyall subjects to him, who have proven so obedient to God.

Then there were reasons heard by the Clerk, showing how necessar it was
that there should be a necessar explanation of the Confession of Faith.

After the reading of the Reasons,

The Moderatour said—Ye have heard many reasons showing a necessatie of
this explanation: now heir the explanation itselfe. And I intreat yow,
Nobles, Gentlemen, Ministers, Elders, or any Minister of this Assembly,
call for reading of any Act that will cleare your mynd, and they shall
heare them out of the Book of the Assemblies; for I think there be many
Theologs in this Assembly that are not weill acquainted with the Acts
of Generall Assemblies.

The Clerk said—To show yow how diligent our Reformers wer in gathering
of their Acts, there wer two fasts appoynted, to seik Gods direction
therein—the ane 26 April 1577, and the [other] 1578. Then all the
Acts of the Assemblies, clearing the meaning of the Kirk of Scotland,
concerning Episcopacie in the year 1580, 1581, wer red by the Clerk.

Then the Moderatour desyred to read the Act of Counsell 22ᵈ of
September 1638, in which Act his Majesties Commissioner and Lords of
Counsell declared, that they subscryved the Confession of Faith, as it
was professed and established in the forsaids years 1580, 1581. Then
there was a Letter, in Latine, writtine to some of our divines by the
Kirk of Helvetia, red by the Moderatour, giving approbation to the
Confession of this Kirk, and showing their opinion in the poynt about
Episcopacie, wherein they declaired it to be but humane consuetude
that appoynted the prioritie of Pastors above Pastors, and that divine
institutione had only appoynted a paritie among Ministers.

Then the Clerk said—It is evident that, in all their Assemblies, the
abrogation of Episcopacie, the establishing of the Booke of Discipline,
and the injoying of the Subscription of the Confession, wer alwayes
conjoyned. After the reading of many uther Acts,

The Moderatour said—Heirby any may perceave what the meaning of the
Kirk of Scotland was concerning Episcopacie, in the 1580, 1590, and
1591; and what shall be our meaning, except we shall deall deceatfullie
with our God in our Covenant?

Then the Clerk said—I know certainlie that this office of the Bishops
was never established by any Act of Parliament in Scotland, which I
never knew my selfe but within this twelfemonth, that I tooke speceall
notice of all the Acts of Parliament for that effect.

The Moderatour said—It becomes us to have a reverende estimation of the
Lawes of the Countrey; yet there is no Acts of Parliament that can be
the ground of our Ecclesiasticall Policie.

Lowdoun said—It is but too cleare what we are doing in Ecclesiasticall
Judicatorie hes nothing in the civill law repugnant to it. Then my Lord
Lowdoun red the Act of the 15 Parliament of King Jaˢ 6, and ane uther
Act Parlᵗ 1612. In the former there is nothing concerning the office of
Bishops, but only reserving to the Kings consideratione and advysement
with the Generall Assembly; and in the last there is a relation to the
former; so that there is nothing in the interveining Acts 1606 and
1609, and the Act 1612 does not ratifie that which is concludit in
Glasgow Assembly, which now is condemned. That ground being taken away,
the Ratification also falls.

The Moderatour said—Ye have heard a cleare deduction of this purpose;
and if it would please my noble Lord Argyle, whom I know hes tane
paines to be cleare herein, if it would please his Lordship to declair
if he be satisfied, we would be glad to heare him.

Argyle said—Indeed I cannot deny but all this tyme, both before the
Confession was subscryvit by the Counsell and since, I have ever found
that the question was drawen much narrower nor it was before; for the
greatest question ever since that tyme hath been only concerning the
government of the Bishops, and that will be the greatest question; and,
I think, for the declaration of any uther thing, we did all show that
we could be ruled by yow of this Assembly: and, since I am requyred to
speake, I must not thinke shame to confesse my ignorance. I neither
studied it nor did I see the Bookes of Assembly, and, whenever I was
demandit of this, I answered I would not determinatelie say anything
till it should come to be considered by a free Assembly, and find what
was the constitution of the Kirk. At that time I said, for aught I
know, I said, it was a lawfull office established by Parliament and
lawes; and I could not have thought even [when] the Commissioner went
away, that things had bein so clear as they are, and, for my oune
part, it satisfies me fullie—that, according to the Constitution of
our Church, the Government established at that tyme, when it was first
subscryvit, is verie cleare in my judgement.

Moderatour said—There is a lang tyme spent, and therefore we will
proceed to state the question—Whither, according to the Confession of
Faith, as it was professed in the 1580, 1581, and 1590, (I keip the
words of the Act of Counsell, because it is a clause of the explanation
of it,) there be any uther Bishops but a Bishop over a particular
flocke? or, Whether there be any to be acknowledged Pastor over
Pastors, having preheminence over the brethren? and, consequentlie,
Whither all uther Episcopacie, place, power, or preheminence is to be
removed out of this Kirk?

_Abjuration of Episcopacie._

Then the Rolles were called, and

Mr Alexʳ Kerse said—The true sentence and meaning of the Confession of
Faith being made clear by these Assemblies, showes a incompatibilitie
betwixt Episcopall Government and Presbyteriall Power, that they are to
be removed and abjured out of this Kirk.

Then the whole Assembly unanimouslie in one voice, with the hesitation
of ane allanerlie, voited that Episcopacie should be abjured and
removed out of this Kirk.

Then the Moderatour spack—I think there be nane of us heir but we have
beine oftentymes calling upon the name of God in secrete and open,
that he, and he only who was able to doe it, would have beine pleased
to stay the course of defection that was going so fast on. And I think
there be nane of us but it was the earnest desyre and wish of, that
we might have sene a day to have taken to a consideration, whether we
have transgressed the Covenant of God or not, and gane on in a course
of defection; and now he has granted us the day wherein we may call all
matters to a reckoning, which day we much long for; and many a tyme
have I myselfe besought God to stop this course of defection, and so
he hes done. Many are the miseries, burdens, and calamities that hes
beine upon this poore Kirk thir yeares bygone; and we are scorned by
uthers that it was for the brecke of the Covenant of God; and we trust
it shall kythe to the world, when we are dead, that we have turned
unto him and renewed it againe. It rests now that we be thankfull unto
our Lord for the same; and I trust there is nane of us that are come
heir with ane honest mynd, but they would have bought this day at a
deare rate, and given a deare pryce for this voiting, whilk God hes
done far beyond our deserving or expectation—and our adversaries neid
not to say that it was the voites of a number of Gentlemen and Elders
that carried it away; but, blessed be God, that Ministers and everie
ane heir present, with great unanimitie, hes gone together without
any contradiction, which is a matter of admiration, and a wonder of
wonders, for the whilk we know not what we shall rander unto our
graceous Lord. Therefore we will not medle with any uther purpose, but
goe altogether and give heartie thankes unto our Lord for this harmony.

       *       *       *       *       *

Sess. 17.—Decʳ 10, 1638.


After prayer to God,

Mr John Row declaired—That a brether sone of his, who had bein in
Germany and Pollᵈ these 13 yeires bygane, was willing, with heart
and hand, to subscryve the Covenant, which the Assemblie willinglie
accepted.

Then there was a Committie appoynted for gathering and viewing any
overture that was to be made for good order of the Church in tyme
comeing, when we had removed some of the cheefe corruptions—namely:

  Mr John Adamsone,
  Mr James Sibbald,
  Balmerino,
  Kinliet,
  Auldbar,
  James Cochrane,
  Mr John Row,
  Mr John Moncreife,
  Gilbert Gourlay,

Moderatour said—We must begin where we endit on Saturday and goe
forward in that worke. There is ane great mountaine removed, blessed
be our Lord, who have done it. Ye know that in the explanation of our
subscribit Confession of Faith, we did oblische ourselves to forbeare
the practice of all novations or approbation of the corruptions of the
publict Government of the Kirk till a free Generall Assemblie, which
hes beine done conscientiouslie by many; and now, blessed be our Lord,
and blessed be he ten thousand tymes! and great reason have we to
bless him more—and I hope the posteritie that heares of it shall call
it a happie work that is past—hes bein done without any contradiction
of the voites of the Assembly. Now it rests that we goe to the uther
parte—the Inovations alreadie introduced. As for the Service Booke,
Cannons, &c., the Assembly hes declaired their judgement of them. By
the innovations introduced, I mean, principallie, the Fyve Articles of
Perth Assembly, which now is null, and, by consequence, they must fall;
yet we are obleist to hear the judgement of the Assembly anent these
novations, and, to the end ye may be prepaired for voiting, ye shall
heare something red concerning these novations; which the Clerk tooke
and red. After reading the first concerning Festival Dayes,

The Moderatour said—It is knowne that a festivall and holy day hes,
first, a cessation frae a’ warkes; 2, There is some service ordained
to be done where there is feasting, rejoyceing, or hilaritie, as it
is called. That commonlie is called a festivall day. Ye know the
Apostles doctrine concerning these dayes; and, altho’ there hes bein
great dispute about them, I think the brethren heir present are to
satisfie what to think concerning them. There is three words that the
Apostle uses. The first is to judge of a holy day—that is, to mentaine
it in our judgements. The second imports, that we affect it because
we esteime of it; and, thirdlie is, to proceid from our estimations
and affection to observe it. Indeed the common and rude sort gave an
estimation of ane day above ane uther as Baronius sayes—ane yeird of
ground is more fertile then ane uther, so there is some dayes produces
better effects then ane uther—as the day of Christs resurection,
assension, &c.; and I thinke there are none heir that are judicious,
but they can answer to this, and then truelie ye would consider that
the Kirk of Scotland is utherwayes oblissed, as ye see by that which
is red, then uther Churches. All uther Churches, except the Church of
England, and even in it before the latter tymes, it would appeare that
they rather speake of these dayes as tollerable then as a contendable
observation; and, becaus they cannot amend it and the Church purged,
therefore they excuse it. But, for us, we blesse God that our Reformers
hes gone so far on as to purge out those dayes from this land. We
are not to judge of uther reformed Churches, but to consider what is
expedient for ourselfes. I have beine grieved many tymes to see the
writtings of some divines, upon the Sabath day. They divide holy dayes,
in ordinary and extraordinarie dayes, and anniversarie holy dayes,
weeklie dayes, and the Lords day. Anniversarie are Pasche, Zuill, &c.;
and is it not a fearfull sort of divinitie to matche these dayes with
the Lords day? What dispute hes beene concerning these dayes thir
yeares past, ye are not unacquainted with, and ye perceave what is
attributed to these dayes of mens institution. Even als much is derogat
from the Lords day; and therefore, if any of you hes any scruple to
propone, there is now a tyme wherein ye shall be heard.

Mr John Row said—Truelie I am perswadit, in my soule and conscience,
that, if the Bishops had not beine raised up amongst us, the memorie
of these dayes had bein utterlie abolisched, both out of their owne
hearts, and hearts of people; and therefore let them goe with the
Bishops, in Gods name.

Then the Clerk proceidit in Kneilling at the Communion; and, as some
things were cited out of the treatise before the Psalme Booke, printed
at Aberden, 1625, where prayer is made against hyreling Papists, that
God would confound them. In these that are printed at Aberden, Papists
are left out. In ane uther prayer, these words, “the Romish Idol,” are
left out in reading.

Then Doctor Guild, in Aberdene, desyred that the printer might macke
accompt of it, who had bein the occasion of that. And after the Clerk
had endit concerning kneilling,

These considerations (said the Moderatour) are not presented to
yow concerning the gesture of Sacrament in generall, or concerning
kneilling in uther places, but what we should think of it in Scotland,
according to the order of our Church; neither doe we yet begin to
dispute the question, but only this—Whether it ought not to be removed
according to the Confession of Faith, and according to the order of the
Kirk of Scotland?

Then the Clerk proceidit in reading concerning the privat
administration of the Sacraments and Confirmation.

Mr John Row said—As for Confirmation, it is one of the five bastard
Sacraments, and is expressed in our Confession; and seeing Episcopacie
is condemned, the imposition of their handes falles lykewayes.

Moderatour says—I remember againe how circumspectlie and warilie we
have gone on in this bussines; not censuring uther Churches, but wishes
all thinges may be regulat weill in our owne Church. Neither goe we
to trouble any mans conscience with idolatrie, superstition, or any
uther thing of that kynd. The question shall be this—Whither or not,
according to the Confession of Faith as it was professed in the year
1580 and afterward, festivitie dayes, kneeling, &c., are abjured, and
ought to be removed? And if any of the brethren hes any thing to say to
cleare this matter, say it.

Mr David Dick said—The first year of my ministerie, when thir thinges
began to be agitat, we wer tryed with alse subtle distinctions and
insinuations as could be; and, when the matter was brought before our
Presbitrie concerning preaching at Zuill Day, the question was made,
Whether it was lawfull to preach that day or not? Whereupon I resolved
to take the narrowest way I could to try if there were superstition
in it; and I waited till the people conveined that day, having no
advertisement of any thing to be spocken from me, but only the ordinar
course of prayers. And there I fand the Kirk fuller than ordinar;
quherupon I tooke occasion to preach against the idolatrie that was
lyke to break foorth; and this I fand to be exponed athort the countrie
for a Zuill preaching; and out of that I learned to make a distinction
betwixt the act and honest intention of some that were slidden aff
their feet; ffor they sett downe the act ane way, and pleadit for them
ane uther way, and they were practised a third way. I speake not this
to excuse the wrong that God hes gotten, but only to excuse some honest
mynds _a tanto_ onlie.

Moderatour said—In Sᵗ Androwes, where I live, they professe that they
keepe holy these dayes only in tyme of preaching, and yet they have a
great bell they ring on these dayes.

Lowdoun said—There is ane thing not to be forgot, that, upon the
humble petition of the subjects unto the King, the Kings Majestie
hes beene pleased in these Articles given in be his Commissioner, to
discharge these thinges by a reall edict; and, withall, did offer to
the consideration of the Assembly what thinges they thinke fitt to be
represented onto the Parliament; so that none neids to scarre at that.
Not only is the Assembly at Perth, which gives auctoritie to them,
null, but if any fear the sanction of the civill law, they are abrogat
by it also, and full power given to present unto the Parliament what ye
thinke farder fitting to be requyred. And for the thinges themselves,
let men think of them as they will. The tries are knowne by their
fruits. What fearfull obstractions they have bein, usher to all thir
thinges that are come since?

Moderatour said—Indeed they have made way for the Service Booke, and
are principall limbs of it.

Mr Androw Ramsay said—I allow altogether and think it expedient, that
these Articles be removed; but for the information of some I will
speake a little. First, What is a holy day? There is twa things to make
up a holy day. The first is the commandment of God; the second is the
dueties commandit to be performed that day. This may be evinced and
cleared out of the fourth precept—“Remember to keep holy,” &c, and thir
twa is includit in the same precept—“He rested”—there is a cessation
from worke—“and hallowed it”—that is dedicat to holy uses; therefore a
cessation from a’ worke, and a dedication to holy uses, makes up a holy
day. So these three makes up a holy day—a commandment, a cessation, a
dedication. Now for kneilling at the Communion, it is dissonant to the
practice of Christ, and discrepant from the practice of the Kirk; and
for the action, a Papist could say that the action of the Communion
being ane action of joy, we should not use a humble gesture. If a
Papist conclude thus, much more we. And for privat Baptisme, it is
not to be understood when it is ministred in the church or at publict
prayers, but when it is ministred in a privat house; ffor in countrie
kirks there is sett doune preaching in week days. As for Confirmation,
I altogether condemne it.

Mr Robert Baillie said—For the removing of the Articles of Perth out of
the Kirk, I heartilie consent unto it; but to remove them as abjured
in the Confession of Faith, so that they all shall be abjured who
practised them, I doe not think.

Then the Moderatour stated the question of new againe, and desyrit Mr
Robert Baillie to tell his opinion when his voice was speired.

Then the Rolles were called.

Mr Alexʳ Kerse said—All these Articles being at once dead in this
Church, had bein revived and preached again by some unlucky birds,
becaus it makes for their purpose; and the more that stuff abounds, it
addes the more to the vaine lusture and glorie of their Episcopacie,
which had neid of much fairding and learning; and, if so be, we should
take them from these falcities and idle toyes, it would befall to them
as the Poet said, “_Moveat cornicula risum surtious undata coloribus”_;
and so with heart and affection, I send them, and the revivers of them,
both ane way; for they are abjured by the Confession of Faith, and
therefore are to be removed.

Moderatour said—I thinke there is no question; but if the question had
been made to the Generall Assembly when the Confession of Faith was
subscryved, Whither they shall observe Kneilling, Pasche, Zuill, &c.,
but many would have declaired negativelie; and if ever they had thought
that they should have bein introduced upon this Kirk, they would have
bein more particular in it, albeit the generall is cleare enough, as it
is cleare by the interpretation of the Confession of Faith according
to the Acts of the Kirk, that they are abjured, and therefore to be
removed. And, truelie, considering the great woe they have brought in
this Kirk, we have verie great reason to rejoyce in God, and to give
his Majestie heartie thankes that hes brought us to this comfortable
conclusion; and ye may see how comfortable a thing it is for brethren
to meit togither thus in ane Assembly, whereof we have bein depryved
thir many yeares, and that these Articles hath bein the caus of this
division. It is notour how many honest and faithfull servands of
Christ hes bein put from the ministrie, to verie hard shifts, and are
not yet admitted, of whom I thinke notice should now be taken; ffor
in all halcion tymes, when sore troubles were blowen over the head of
Gods Kirk, there hes bein still notice taken of these whom God made
sufferers; and ye know how many of ourselves hes bein threatened to
have bein put from our places; and if they had gotten their will, there
had bein few honest ministers left in the land; and therefore we have
caus to blesse God that we are delivered from these corruptions.

Then there was a letter produced from the Bishop of Cathnes, declairing
that the caus of his not coming to the Assembly was his bodilie sicknes
and his extreame disease, wherein he acknowledged the lawfulnes of the
Assembly, and declaires that willinglie he had subscryved the Covenant;
and it was found that he had not subscryvit the Bishops Declinatour.

My Lord Weymes declaired—That he had bein at the Bishop of Glasgow;
and he said that the Bishop regrated that he had put his hand to the
Declinatour, and told that he had intention to come to the Assembly,
but the Commissioner diswaded him; for Declinatour, sayes he, they
urgit him with it, and he did it in great suddentie, and repents it;
and said he would take his hand from it were it not that it would be
disgraceful to him; and when I desyred him to give two lynes under his
hand declairing his submission to the Assembly, he said he had not his
wittis about him, and desyred the Assembly that he should be dealt with
as those who had submitted themselves. And the Assembly answered, that
since he was amongst the subscryvers of the Declinatour, he behoved to
have his owne place.

       *       *       *       *       *

[_Bishop of Edinburgh._]

Then there was Articles of Accusation given in against Mr David
Lindsay, pretendit Bishop of Edinburgh; and he was called upon and his
procurator, and his proces red, and probations thereof.

Then Mr Androw Jaffray and Sir John MᶜKenzie declaired that they saw
him bow to the altar. Mr Andro Kerr and [George] Dundas saw him
dedicat a kirk after the Popishe maner.

Then the Rolles wer called.

Mr Alexʳ Kerse said—He is a violent brecker doune of the hedge whereof
I spacke the last day; and, seeing he continowes obstinat, let the
sentence of excommunication byte him.

And the whole Assembly in one voyce voited to his deposition and
excommunication.

Then the Moderatour said—Ye see the Assembly agries, without a contrare
voit, that he shall be deposed from his present office of Episcopacie,
and from all function of the ministrie. I am perswadit that this
Assembly is seeking their salvation allanarlie; and we know no other
remeadie for gaining their soules but this only; therefore let us doe
it out of compassion to the Kirk of God and him also.

       *       *       *       *       *

[_Bishop of Aberdeen._]

Then the Bishop of Aberdeines proces was red, and the probation thereof.

Mr John Row declaired, that he subscryved the Protestation given in to
the Parliament 1606, and that there was no man more against Bishops
in the toune of Stirling nor he; and he was mightilie offendit at Mr
John Grahame, who was taking a bishoprick; and, since that, all the
brethren here present were in mynd he should be given to the Divell
for betraying the liberties of the Kirk; yet nevertheless, he was the
man that tooke out the bishoprick out of Mr John Grahames hand. I
remember when he subscryvit the Protestation, he subscryvit verie neir
the end of the paper, and it began to weare; when he began to get the
bishoprick, we said he was going to loupe the dyke.

The Moderatour said—Mr Patrick Symsone said to me, he never lyked Mr
Wᵐ Coupar, and Mr Adam Ballantyne; for they were too violent against
Bishops, without any light, or good reasons; and, therefore, he feared
that they should never be constant.

Auldbar and Mr David Lyndsay declaired that they, being in the Bishops
house, when Auldbar said, “The only meane to take away abuses and
disorders in this Church was a free General Assembly,” he arose in a
great flame and passion, and said, “The first article that he would
make then will be to pull the crowne off King Charles head.”

Moderatour said—Though his hand be not at the Declinatour, yet he has
not submitted himselfe to the Assembly, and this would be considered
beyond the rest, (I may call it so,) his apostacie; for the being once
of our opinion, and now so far degenerat, that he is become _osor sui
facti_.

Mr Androw Cant said—There entered a contest betwixt Craigievar and
this Mr Ballantyne, concerning the patronage of the Kirk of Kinghorne,
and was long agitat before the Lords. Alwayes Craigievar presented a
Cusing of his, and the Bishop impedit him, pretending that the King had
the right, and, consequentlie, the Bishop of Aberdeine. At last, the
Bishop gave Craigievar 160 merks to desist, to the end that the Bishops
sone might get the place.

Mr Thomas Mitchell declaired that he was present by accident when he
did consecrat a chappell, the chappell being richlie hung, and all the
rest of it. The lady came in, and gave him a catalogue of the things
that are within, which she had wrought with her owne hands, and desyred
that they might be dedicat to God, and so delyvered the key to the
Bishop, who went in and preached a sermon of consecration, and baptized
a child, and then went to their feisting. His text was upon Solomons
dedication of the temple.

Then the rolles were called.

Mr Alexʳ Kerse said—Besyde that he is guiltie of the breake of
the Caveats, there are many grosse faults proven against him; and
therefore, albeit he hes not subscryvit the declinatour, he deserves
deposition and excommunication. And the whole Assembly voited the
samine, except Mr Richard Inglis, and two or three more, who voited
onlie to his deposition.

       *       *       *       *       *

[_Bishop of Ross._]

Then the Bishop of Ross was called on, and his procurator, and proces
red and the probation thereof.

The Provest of Dumfries said—That when he was in their toune on the
Sabbath day, they expected his comeing to the kirk, and layd cushoons
for him; yet he came not, but went to a excommunicat Papists house, and
stayed all day.

Lowdoun said—He was sent up to Court by the Counsell of the Bishops for
the Kirk, that order might be tane for Papists; and, instead of that,
he brought doune Articles from them, and newis came to this toune to
give in the Bishops Declinatour.

Then the rolles were called.

Mr Alexʳ Kerse said—He is the vive example and perfyte paterne of a
proud Prelat, and enters in composition with the Pope himselfe; and,
therefore, let him have his due deposition and excommunication. And the
whole Assemblie, in ane voice, voited the same.

       *       *       *       *       *

[_Bishop of Dumblane._]

Then the proces against Mr Ballantyne, pretendit Bishop of Dumblane,
and the probatione thereof, was red. The rolles were called.

Mr Alexʳ Kerse said—I heard, of late, a notable sermon by a brother in
Edinburgh, wherein he sent him to the land of Nod: and let him be sent
there and arreasted there, with deposition and excommunication. And the
whole Assembly, in ane voyce, except Keir, voited the same.

Then the complaint agᵗ Mr James Forsyth, minister of Kilpatrick, was
given in; and, efter the reading of the proces, and probation thereof,

The Moderatour said—I think there is two great faults in that proces;
that, upon the Saturday before the Communion, (at night,) the Sunday
morning, he was writting of summonds to send athart his paroche; and,
upon the Sabbath day efter the first sermone, when the tables were
going to serve, he brought ane Officer at Armes to the end of the
communion table, in Presence of 1600 communicants, and caused him reid
Letters of Horning. And lykewayes he hes both declyned the Presbitrie
and the Assemblie. He is alreadie suspendit; and, therefore, ye are to
give your judgement whither he merits deposition or not?

Then the rolles were called, and the whole Assemblie voited to his
deposition.

Moderatour said—We hope God shall give him repentance, that he may
make use of his gifts afterward; but, for the present, I, in name of
the Assemblie, discharge him from all function in the ministerie, and
declaires his place to be vacant.

       *       *       *       *       *

Sess. 18.—Decʳ ij, 1638.

After in calling upon the name of God,

The Modʳ nominat some for clearing of the proces against the Bishop of
Cathnes: Alexʳ Monro, Mr Wᵐ Gray, Mr George Gray, Mr [George] Leslie,
Mr John Murray of Pennyland, to conveine at my Lord Eglintouns lodging.

       *       *       *       *       *

[_Bishop of Orkney._]

The Moderatour said—There are heir two writes come in my hand
concerning the Bishop of Orkney. The ane may be proven by witnes in
this house, and the uther is more large, punctuallie deduced and
subscryved be 12 ministers of Orkney. If the generall satisfie you not,
ye shall heare the particular.

Then Mr George Grahame, pretendit Bishop of Orkney, was called on, and
his proces red, and probatione thereof. After the reading thereof,

The Moderatour said—Ye see what he hath committed against all the
Caveats, and what tyrranicall usurpation he hath exercised above the
ministrie, and many uther particulars which ye heare in the proces;
and, notwithstanding of all this, he hath be his letter offered a kynd
of submission to the Assembly, in saying, if God spair his lyfe, he
will be readie to doe and answer whatever the Assembly shall impose and
requyre; and, lykewayes, he hes not subscryved the declinatour, and,
therefore, it would seeme that he deserves not such a sentence as some
uthers.

Mr Walter Stewart objected that there was nothing in his letter which
could import a formall submission; but was rather to be understood of
his intention to answer to what was to be layed against him.

It was answered by my Lord Lowdoun, that it was a materiall submission,
howbeit not formall; and to this answer the Assembly applaudit.

Furthermore, Mr Walter Stewart declaired, that he had gotten
information, under the clerks hand writt of Leith, that there was a
gentlewoman there present delivered of a childe, and she declaired that
Mr Patrick Oliphant, minister at Scheitland, sister sone to the forsaid
Bishop, was father to the chyld, and this the Bishop knew before
Lambes, and, notwithstanding, tooke no order therewith.

Then the Moderatour answered—Whither or not the pretendit Bishop
of Orkney, (not having subscryved the declinatour, and given in a
materiall submission to this Generall Assembly,) should be deposed, or
have any further censure? To the which, after calling of the rolles,
the Assemblie did agree; and, farder, if he did continow obstinat, he
should be excommunicat.

       *       *       *       *       *

[_Bishop of Murray._]

Then there was given in a proces against Mr John Guthrie, pretendit
Bishop of Murray, wherein it was found that he had transgressed all the
Caveats. It was objected that the Assembly could not proceed against
him, in respect he was not personallie summondit. The clerk answered
that he had summonded him at the Kirk of Edinburgh and Leith, the
ordinarie places of citatione in ecclesiasticall causes. 2ᵈˡⁱᵉ, That he
was personallie summonded; but the executions of the summonds was not
produced; 3ᵈˡⁱᵉ, It was answered, that the 2 Caveats obleissed every
ane of them to compeir before everie Assemblie, to make accompt of
their doings; 4, That the protestatione was sufficient, protesting that
it might be instead of summonds for them.

Mr Androw Cant said that he knew him to be a common ryder on the
Sabbath day, and lykewayes that he was a prettie dancer, as Mr Thomas
Abernethie can testifie. At his daughters brydell, he danced in his
shirt. Lykewayes, Mr Androw said, that he conveyed some gentlewoman
to a chappell, to make a pennance, all hair footed. This Mr Thomas
Abernethie declaired to be of trueth.

Mr Frederick Carmichaell said, that the Bishop being, by occasion,
ryding from the church on the Sunday morning, he was desyred to stay
all the night, becaus it was the Sabbath day. He answered, he would
borrow that piece of the day from God, and be as good to him some uther
gate.

The Moderatour said—I think, though he hes not subscryvit the
declinatour, yet deposition should passe against him, if the Assemblie
thinks it good; and, if he declair his contumacie afterward, when the
sentence of the Assemblie comes to his hearing, they will declair that
he shall be worthie of excommunication.

Then the rolles were called.

Mr Alexʳ Kerse said—His not subscryving the declinatour deserves some
mitigating consideration. Therefore, I think he should be deposed for
the present, not exeeming him from excommunication, if he continow
obstinat; for he deserveth both; and the rest of the Assembly voited
the same. Some voited that he should make his repentance in the church
of Edinburgh, where, he said, he wᵈ be more vyld in the eyes of uncals,
for the pleasure of his king. Twelfe did voite he should presentlie be
excommunicat.

       *       *       *       *       *

[_Bishop of Glasgow._]

Then the Bishop of Glasgow was called on, and his proces red.

Mr David Lindsay said—I and Doctor Guild went in to him, and we
represented unto him the fearfull caice he was in till that he
did submitt himselfe to the Generall Assembly, and pas from his
declinatour. He began to make a numeration of the good turnes he had
done in favours of this Kirk against Papists, and requeasted the
Assembly, for Gods caus, that the sentence of excommunication might not
be given out against him till the latter pairt of the Assembly.

The Moderatour said—It would seem that, notwithstanding the Assembly
shall find him worthie of excommunication, yet, if betwixt the decreit
and pronouncing of the sentence, he shall give his submission, the
sentence of excommunication shall be suspendit.

Mr George Young declaired—That my Lord Lindsay Sinclair, Mr Androw
Ramsay, and himselfe, had bein presentlie in at the said Bishop, and
whillas, by your Lordships advyce, he was condescending upon some
doctrines for satisfaction of the Assemblie, the said Mr George Young
declaired that he drew up a writt what he was speaking and gave it to
himselfe to read, and, as he was reading it, he swarfed; and, after
that, he protested that he could not take it to his consideration
for that tyme, and therefore besought the Assemblie, for Gods caus,
to delay the sentence for the tyme, and desyred that his former lyfe
would be tane notice of, and that he was never violent in urging the
novations; and, for the declinatour, he said it was not only offered
unto him, but he was commandit to subscryve it.

The Ministers of Glasgow answered—That there was no man more violent in
urging the Service Booke, &c.

Mr Alexʳ Spittall declaired that the said Bishop did transport two
Ministers at his oune hand, without the advyce of the Presbitrie or
Paroches. Then the rolles were called.

Mr Alexʳ Kerse said—It is a heavie matter that ane of his age should
choose to die under a vaine title of honour, and to cast him under the
danger of such a unhappie viaticum, and not rather to joyne himselfe
with this honourable Assemblie. My opinion is, that he be presentlie
deposed, and, if he did not submitt himselfe to the Assemblie before it
end, let him be excommunicat.

Then the rest of the Assemblie voited that he was worthie of deposition
and excommunication, but that his excommunication should be delayed, to
try if he would submitt himselfe.

       *       *       *       *       *

_Bishop of Argyle._

Then the pretendit Bishop of Argyle, Mr James Fairlie, was called on,
and the Articles proven, before the Committie, wer red: whereon it was
found that he had broken the Caveats, and uther guiltinesse beside.

Moderatour said—There are diverse degries of guiltinesse, and,
proportionallie, there should be degries of censures; and, if
the Assemblie thinke good, let these be deposed, and, upon their
repentance, let them be receaved to the Ministerie. Then the rolles
were called.

Mr Alexʳ Kerse said—It is said of one that he was so vigilant a Consul
that he sleeped nane all his tyme, for he was entered in the morning
and put from it ere night. So was it with this Prelat; for he sleipit
but few nights in his Episcopall nest, and was not weill warmed in his
Cathedrall chyre, whill both chyre and cuschane was taken from him.
Therefore, depose him only; and, if he obey not the sentence of the
Assemblie, let him be excommunicat. The Assemblie voited the same.

       *       *       *       *       *

_Bishop of the Isles, &c._

Then was the Bishop of the Isles called on, and his proces red. The
rolles being called, the Assemblie did all agrie to his deposition;
and, concerning the order of his repentance or excommunication, let it
be thought upon afterward.

The Assemblie concludit that the Billes should come in only according
to the order of the rolles. A reverend Father, Mr William Livingston,
Minister at Lanark, gave in his excuse to the Assemblie. Because of his
sicknes he behooved to retire hame, and cravit leave of the Assembly,
whilk was granted.

Then the Complaint was given in against D. Andro Lawmont; was remitted
to the Presbitrie of Kirkcaldie, and the Commissioners of Coupar and Sᵗ
Androwes were joyned to them.

Then there was a proces given in against Mr John MᶜNaught, Minister at
Chirnsyde; and, after the calling of the rolles, the Assemblie voited
that, for deserting of his Paroche, declining his Presbitrie, and
preaching of Arminian doctrine, he absolutelie should be deposed, and
his kirk declaired to be vacant.

The proces against Mr Francis Harvie was referred to the Commission at
Edinburgh. Then Mr Thomas Fosters proces was given in, containeing
many grosse and blasphemous poynts; and, after the calling of the
rolles, the Assemblie voited that such a minister as he should be put
off in a singular manner, and deposed from the ministerie.

       *       *       *       *       *

Sess. 19.—12 Decʳ 1638.

_Bishop of Dunkell._

After prayer to God, there was a letter red, from Mr Alexʳ Lindsay,
Bishop of Dunkell, wherein he had declaired, that he had subscryved
their Covenant—that the Assemblie was lawfull—and that he submitted
himselfe to it, and supplicat the Assemblie that he might die a
Minister at Lyneydors. After that his proces was red,

The Moderatour said—Ye heare what is said against him—the common
Episcopall transgressions, and many grosse thinges besyde; and it
would seeme verie hard that he should be continowed in the Ministerie,
except he make his publict repentance, and make some discourse of the
Corruptions of the Kirk; and, if he be not able to come to the kirk,
let some brethren of the Ministerie, of the gravest number, be sent to
him to be witnesses of his recantation and repentance.

Then it was questioned whether the foresaid Bishop should be deposed
from the Bishoprick, and all functions in the Ministerie, or whether he
should be deposed from his Prelacy only, and, according to his desyre,
continowed Minister at Lyneydors?

Mr Androw Cant said—I lyke the Bishops notion weill, that desyres to
die a Minister; but it is to be feared that he have respect to his
owne credit and meanes, as in former tymes, and so many poore saules
disappoynted.

Mr David Dick said—If we believe that Episcopacie is such a wrang
to the Crowne of Christ Jesus, and to this Kirk of Scotland, and we
believe that the making of so many saules to starve yon way, it is a
bloodie sin before God. We must have a speciall cair of restoiring God
to his honour; and, therefore, how sicke soever he be, he can write
a letter of his full dimission and repentance, utherwayes let him be
deposed and excommunicat.

Lowdown said—Howbeit he had sent a formall dimission to the Assembly,
it is necessar to use deposition, and, I thinke, what is done heir
should be drawen up and sent to him, that he may make his dimission
formall, and may restoir what he hes wrongouslie detained pertaining to
the Kirk.

After much reasoning to and fro,

The Moderatour stated the question—Whether or not upon his dimission,
which is singular, he shall be deposed, not only from his Prelacie,
but from all function of the Ministerie? Then all the rolles were
called, and all the Assemblie except 20, resolves upon this—That he
shall be deposed from his Episcopacie; yea, and from the exercise of
all Ministeriall function, till such tyme as he satisfie by his paines
these who are sent unto him by the Assembly, whose names follow:—Mr
Robert Murray, Mr John Robertsone, Mr Alexʳ Petrie, Mr George Muschet,
Mr Wᵐ Menzies, Mr George Symmer, Mr John Robisone; the quorum fyve. The
provyding of the kirk of Lyneydors, and a competent allowance for it
was referred to the Presbitrie.

       *       *       *       *       *

[_Bishop of Cathnes._]

Then the Articles against the pretended Bishop of Cathnes was given in.
After the reading thereof, there was some of his noble friends desyred
that he might be continowed in the functione of the Ministerie since he
hes acknowledgit the Assembly and subscyvit the Covenant.

Lowdoun said—He behooved to be deposed and suspendit from any function
of the Ministerie, till he take him to a particular flock.

The Shirreff of Teviotdaile said—That he was willing to have tane him
to the Ministerie, but the High Commission put him from it, and would
either have him keip his Bishoprick or quyte them both. Lykewayes,
within this short tyme, there was a fast indicted for the good of the
same caus, and Mr James Burnett, the Minister of the Paroche, would not
keip the fast. He keipit it in his house, and a number of the Paroche
resorted to him, and he may doe good in that Paroche, for the people
hes a love to him, and a great detest to their Minister.

Moderatour said—There is a difficultie in it. We cannot for the present
interpret him to be a Minister, becaus he hes not a particular flock;
and so it would seeme the greatest favour the Assemblie can do to him
is this—that upon his repentance they may admitt him to a particular
flock.

Lowdoun declaired that when the High Commission put him from the
Ministrie, he gave in ane protestation against Mr James ________, whom
they put in his place; and there is 50 in Jedburgh that subscryvit the
protestation.

The Moderatour said—The question is concerning his deposition; for I
thinke ye doubt not of his Episcopall office; but whether he shall be
deposed from all function of the Ministerie?

Then the rolles were called, and the whole Assemblie agried upon his
deposition from his Episcopall office; and, upon his repentance, to be
admitted to the Ministerie.

Mr Androw Rollock, Minister at Dunce, declaired that he had ignorantlie
subscryved the Bishops declinatour; and now, having gotten light, he
was content to pass from it.

Moderatour said—There are a number of the Bishops who are ordained to
be excommunicat, and now we are to consider the tyme when it shall be
done—the persones that shall pronounce the sentence—the place where—and
the maner how it shall be done; or whether the sentence shall be
delayed any longer or not?

Lowdoun said—The delaying of the sentence would seeme to be verie
prejudiciall. For these that are absent out of this toun, there
is no appearance that we shall get them to deall with; neither is
there any appeirance of their repentance as yet who hes subscrivet
the declinatour: And becaus we know not what interruptions may be
shortlie, it is good to make use of the occasion which God, of his
great mercie, offers to red his Church of them; and it is the justice
of God recompenceing their pride, on the ane hand, and the trumpet of
his mercie to recall them to repentance, if it be possible, on the
uther hand; and so the delay of such a good worke seemes to be verie
dangerous. As for the place, where ye are seemes to be verie fitt; and
for the persone, doubtlesse it must be yourselfe who is the mouth of
this Assembly, to pronounce the Judgement of the Assembly against them,
that this Kirk may be delyvered from the thraldome it was in.

The Moderatour said—There was no practice of the Kirk for that, and
that Bishop Adamsone was not excommunicat by the Moderatour of the
Assembly.

Nevertheless, the Assembly desyred that the Moderatour himselfe would
take it upon him, and that he should delyver a Sermon in the same
church the morne at Ten hours, and let them be excommunicat. This was
concludit be the consent of the whole Assemblie.

Mr James Cunninghame, Minister at Sum ... oke, gave in a Bill to the
Assembly, desyreing earnestlie that he might be transported, for many
weightie reasones, such as his age and unabilitie to travell throw
that paroche, being 9 or 10 myles boundes, and having small meanes of
provision; that for thir thrie yeares he gat no stipend, and many uther
pressing difficulties which the Assemblie fand to be true, and granted
him libertie of transportatioun, by advyce of the Presbytrie, when God
sends occasion.

       *       *       *       *       *

Sess. 20—Decʳ 13, 1638.

[_Deposition of the Prelates._]

[In the MS. from which this report is transcribed, the Sermon by
the Moderator and Act of Deposition of the Bishops, appointed at the
former sederunt, are entirely omitted. As, however, that was one of the
most solemn and important proceedings of the Assembly 1638, we deem
it incumbent on us to supply the void; and we have been so fortunate
as to become possessed of the means for doing so. In the year 1762,
Alexander Henderson’s Sermon, including the Act of Deposition, was
published in a small pamphlet, entitled, “_The Bishops’ Doom_,” of
which the whole title and a prefatory note are subjoined;[139] and
although the particular record from whence that publication was taken
is not specified in the note, we find its tenor corroborated by Mr
David Laing’s MS. Report, formerly referred to (p. 128), in which the
Sermon is given. These two copies we have accordingly collated, and
what follows, therefore, may be considered as substantially correct.]




SERMON.

Psalm cx. 1.

“The Lord said unto my Lord, Sit thou at my right hand, until I make
thine enemies thy footstool.”


For taking up the meaning of this text, we need only have recourse to
a commentary that the Lord himself makes upon it in the gospel, Mark,
xii. 36: for he asked of the Pharisees concerning the Messiaa, _Whose
son is he?_—they answered, _The son of David._ He replies, If he be
the son of David, _How is it, then, that David, by the Holy Ghost,
calls him his Lord?_ And so we have here a testimony of the Spirit
speaking in David, a thousand years before Christ came in the flesh,
that the Word would be _made flesh_, and that he would set up his tent
and tabernacle amongst us; for so is _the word_ that is used in the
1st of the gospel according to St John rendered; and that amongst the
children of men he should drink of the brook, _i. e._, stiff, bitter
things, as is expressed afterward in the psalm; and that he having done
so, would be exalted above all creatures in heaven, and, in the fulness
of his glory and majesty, sit down at the right hand of the Father,
and should from thence rule and dispose upon the affairs of his Church
magnificently and mightily, according to the worthiness and excellency
of so great a king and so glorious a majesty, till at last all his
enemies, both foreign and intestine or domestic, should be brought low,
and made his footstool; and as they had trodden upon the holy blood of
the Son of God, he should tread upon them, and pour shame and confusion
upon them, and utter banishment from his face for ever.

Right honourable and well-beloved, we are but short-sighted naturally;
we look upon persons and things that are present, and cannot look afar
off to things that are past, neither have we a very great prospect to
look forward to things that are to come. And as our sight is short, so
it is weak also: if we but look upon things here below, our eyes are
soon dazzled with the splendour of them, although, when all is done,
their lustre be not great; we cannot get in with our sight to things
that are above. But if we will take the right view of this text, it
would help us both in the one and in the other; for you see it leads
from that which is past to that which is to come.

“The Lord said.” This hath an eye to the time to come. There is a time
coming when all the enemies of God, the most proud and insolent of
them, shall be made the footstool of God, shall be brought low, and
made base and contemptible. And it helps us to lift up our eyes from
things on earth to things above, especially to Christ himself, who is
in the highest heavens, at the top of glory and majesty, the right hand
of the Father. “The Lord said unto my Lord, sit thou at my right hand,”
&c.

In these words, beloved, we may see three parts, which determine our
method of speaking. The _first_ is the calling and ordination of
Christ unto his kingdom: “The Lord said unto my Lord.” The _second_
is the dignity and glory to which he is exalted in his kingdom: “Sit
thou at my right hand.” The _third_ is that glory and triumph that
shall be manifested in him at last: “And his enemies shall be made
his footstool.” I shall speak very shortly of these, because ye know
preaching is not this day’s principal exercise.

We begin with the _first_, the calling and ordination of Christ unto
his kingdom: “The Lord said unto my Lord.” Here ye would look first
unto the saying and then unto the persons: “The Lord said unto my
Lord.” Ye know we used to observe, that there be two sorts of speech or
sayings: one that is secret within our breasts, and which we keep in
silence within ourselves, as long as we think convenient; another is
the expression of our thoughts, when we think meet to make them known.
Ye know there is one uses to be called λογος ενδιαθεκος προφορικος.
Like unto these two, there is in the Lord, (1.) His purpose, counsel,
and decree, kept secret within himself. (2.) There is the expression,
or the manifestation and proclamation of his purposes and decrees
unto the children of men, after what manner and in what measure it
seems good unto his wisdom. Of the _first_, the second psalm speaks,
“I have anointed him to be King;” and there the reason is given—“Thou
art my son,” &c.; then there is the revelation of it—“I have declared
the decree.” Many times was this said before Christ’s coming in the
flesh, and the prophets are full of it. I need not spend time on it,
especially in such an audience as this. Now, this is laid down as the
ground, “The Lord hath said:” his decree, prophecy, and predictions are
laid down as a ground of this princely office of the kingdom of Christ,
and of that high glory and dignity to which he is exalted; for what the
Lord has said, it must be done of necessity.

There is a very great difference between the sayings of men and the
sayings of God; for man’s sayings are nothing else but the expression
of his thoughts and affections of his mind; but, when the Lord speaks,
he not only expresses what he will have done, but also there is an
effectual power accompanies his saying, that cannot be resisted, but
must of necessity come to pass. Again, when we speak, we must speak
to them that are, and that have ears to hear, and understanding to
conceive, or else our speech is in vain. But, when the Lord speaks, it
is otherwise; he speaks to them that are not, and makes them to be; he
speaks to them that have nothing of the second creation, and, by his
Spirit, he creates it in them; by his speech, he makes darkness to be
light, he speaks to them that are dead in sin, and by his Spirit puts
life in them, new sense and understanding. _Thirdly_, Our speeches
and sayings have need to be confirmed by reasons and arguments;
and, therefore, we support them as strongly as we can. But when it
pleases God to speak, he speaks so as he needs no argument: he bids a
man leave his trade, and follow him; and the man will never ask the
reason, because he convinces him fully, and persuades him irresistibly.
_Fourthly_, It is in vain for us to speak to any that have no ability
or power to do what we desire. But the Lord will bid them do that has
no power, because, with the commandment, he infuses strength for the
performance of it.

It is a good ground that is brought here of the exaltation, dominion,
and dignity of Christ—“The Lord said unto my Lord, Sit thou,” &c.—for
he having said it, who can say against it? who can resist it? The
powers of hell, nor any powers in heaven, or in earth, suppose they
were all joined together, cannot obstruct him. If the Lord hath
said it, it must come to pass. Christ must be exalted, and his Kirk
established also. Ye know that in the 2d of Daniel, the prophet,
speaking of the kings of the earth, prophecies of another kingdom that
Jesus will set up; and he sets it up with this promise and quality,
“that it shall never be destroyed;” he that sets it up, shall uphold
it; as sure as it is once exalted and set up, it shall never be
destroyed, albeit the devil, and all his accomplices and sophisters,
with all their wit, were against it. Dan. vii., 13, 14:—“I saw in the
night visions, and behold, one like unto the Son of Man came with the
clouds of heaven, and came to the Ancient of Days; and they brought
him near before him. And there was given him dominion, and glory, and
a kingdom, that all people, nations, and languages should serve him;
his dominion is an everlasting dominion, which shall not pass away, and
his kingdom that which shall not be destroyed.” Luke i. 33:—“He shall
reign over the house of Jacob for ever; and of his kingdom there shall
be no end.” And, Acts ii. 36:—“He hath made him both Lord and Christ.”
Then, beloved, let us build upon this ground against all the devices,
stratagems, and conspiracies of the world. Certainly he is Lord and
King, and he shall endure so world without end.

It were a good thing for us, if we could learn to take up the
conjunction that is between God and his Son Jesus Christ in his
kingdom. I speak it, beloved, for this cause, that there is a kind
of natural theology that men pride themselves in, that they gather
partly from the works of God, which a natural man may observe and
consider, and partly from natural reason. But this is not all; we must
take heed, that although it cannot be denied that there is a natural
sort of theology, yet we must advert that there is no natural kind
of Christianity; for the natural man, by looking on all the works
of God, and blowing up the sparks of nature all that he can, shall
never be able to know Christ, or receive him, before it be revealed
and proclaimed in the gospel; nay, when he hears it, he will condemn
it for the greatest foolishness in the world. Therefore we would not
please ourselves with this natural knowledge of God, but seek to know
God in Christ. This is true Christianity. He that knows not Christ
knows not God; he that resists Christ fights against God; he that
believes not in Christ—please himself as he will—he believes not in
God; and he that obeys the voice of Christ obeys the voice of God. I am
assured many men, both in church and commonwealth, and many that preach
theology, and perhaps Christianity, to others, consider not this, but
please themselves in a natural sort of knowledge; and they go easily
through with their forms; and all because there is nothing in nature to
oppose the work they are about; but the children of God find a great
difficulty—the infidelity of their heart, and other-like ills, fight
against it.

Had the men who are to be censured and excommunicated the knowledge
of Jesus Christ—notwithstanding that some of them preached him often,
and all of them sometimes—I verily believe they could not have gone
on so long in this course, and stood it out with such obstinacy and
contumacy. Therefore let us learn, by their example, to search for the
knowledge of God through Christ; for they are so joined together, as
there can be no separation; and as they are joined betwixt themselves
so they must be joined in our knowledge. It is not possible for you
to know God but by the knowledge of his Son; and if we know not the
consolation, virtue, and power of Christ, we cannot know the comforts,
power, and virtue of God himself, but must remain strangers to the
knowledge of God; for there is no comfort, virtue, nor power for life
everlasting, but only through Christ himself.

“The Lord said unto my Lord.” You see here again, that the ground of
the calling of Christ unto his princely office is from the saying of
God—“The Lord said unto my Lord.” As he was called of God to be a
prophet and a priest, so it was God that called him also to be a King.
These three offices are all lawful offices in themselves. And likewise
he was lawfully called unto it; for the Lord said it. And these two
things, beloved, are necessary for a man that undertakes a calling.
One is, that the office itself be lawful, and have warrant from God
that the Lord has said, I will be served in such a place, and in such
a function and calling. 2. When the office itself is lawful, a man
must be lawfully called unto it. For ye know there is a difference
between these two: sometimes the office may be lawful, and the man
not lawfully called to that lawful office; and sometimes it comes to
pass that men are called to unlawful offices; not that any man can be
lawfully called to an unlawful office—and this is especially true in
churchmen and the office-bearers of the Church. God hath permitted
greater diversity of offices, and administration of these offices, to
be in the commonwealth, than in his Kirk; because in the government of
a state or commonwealth, there may be sundry forms of government and
administration of justice, and all lawful. Kings may have governors and
others acting under them; but it must not be so in the house of God.
All the offices in God’s house, from the highest to the lowest, if I
may lawfully say highest and lowest, must have a warrant from God; and
men cannot say they are called of God, except their calling be from
God, and have warrant from divine authority.

Beloved, I put no question but there are divers amongst us that have
had no such warrant for our entry to the Ministry as were to be wished.
And although the calling itself be not only lawful, but laudable,
necessary, and commanded of God, yet, alas! how many of us have rather
sought the kirk, than the kirk has sought us? how many have rather
gotten the kirk given to them, than they have been given to the kirk
for the good thereof? And yet there must be a great difference put
between these that have lived many years in an unlawful office without
warrant of God, and therefore must be abominable in the sight of God;
and these who, in some respects, have entered unlawfully, and with
an ill conscience, and afterwards have come to see the evil of this,
and to do what in them lies to repair the injury. The one is like a
marriage altogether unlawful, and null in itself; the other is like a
marriage in some respects unlawful and inexpedient, but that may be
mended by the diligence and fidelity of the parties in doing their
duty afterward; so should it be with us who entered lately into the
calling of the Ministry: if there were any faults or wrong steps in
our entry—as who of us are free?—acknowledge the Lord’s calling of us,
if we have since got a seal from heaven of our Ministry, and let us
labour with diligence and faithfulness in our office, and particularly
to be faithful in this, to get them expelled and put out of the Church
whose office is not from God, such as these men against whom we are to
proceed with the censures of the Kirk.

Now I come to speak of the persons. “The Lord said unto my Lord.” If
ye will cast your eyes upon the words, ye will perceive that there
are three ranks of persons here. There is, 1. THE LORD; he that was,
and is, and shall be for ever. 2. There is my Lord Jesus Christ, who,
after a special manner, is the King and Sovereign Lord of his Kirk,
whom he has redeemed with his own blood. 3. There is a king here,
David, who calls him _my Lord:_ “The Lord said unto my Lord.” David
calls Christ his Lord. And I may add a fourth, which may be understood
by analogy, and that is the people of God under David. And thus ye
shall draw out the line the full length, and make the subordination
perfect, consisting, 1. Of the Lord above, to whom there is no match
or equal, whose will is an absolute law unto all. And although men
curiously dispute, if there be any cause, ground, or reason of the will
of God, there is no question but in God himself there is a reason; but
looking downward to us, the highest reason is the will of God—he who
is divine and unsearchable Wisdom, is a rule for himself of his own
commandments; but for us there is not another reason but his will;
for he stands absolute in his sovereignty, none above, nor any equal
to him. 2. Then the next degree comes: he who is here called my Lord,
Jesus Christ the Son of God, whose will is full and perfect, conform to
the supreme will of God; and there can be no more a division between
the will of Christ and the will of God, than there can be a division
of two natures in the person of Jesus Christ. Now, as these two are
sure, _1st_, The sovereignty of God in his will; and, _2dly_, The Son
of God perfectly conform to him; were it not a happy thing if kings,
and princes, and superior powers would all strive to have their laws
and actions, especially and principally in the worship of God, conform
to the will of Jesus Christ, and these to stand in their own place of
subordination under Jesus Christ, and then the fourth will come in very
well—to wit, the people of God: first, the Lord; then Jesus Christ,
his son; next, the king, prince, or supreme magistrate; and the people
under them submitting themselves to their king and prince. And thus
ye may perceive the right line in the course of government, and the
right way of subordination; and there is no other right way beside
this. And whenever men begin to go out of line, and forget their own
subordination, then these that are under them become no way subject to
them, because they go out of the right order; but they must look to
them that are above them, and hold their eye on these, and so they will
keep the right line. “He that follows me,” says Christ, “must forsake
father and mother;” then, when the father and mother go out of line, we
must not follow them, because we are bound to subordination unto God.
In like manner, if a prince or a magistrate, who had such subordination
from God, depart out of the line, and command things unlawful, shall
the people obey them, and go out likewise from under the line? No, no;
whoever departs out of this line, cannot have peace and protection of
God, and the sweet influences that comes down alongst to all that keep
themselves under this line; for the blessing of God comes down the
straight line of subordination, and they keeping the line are sure to
get a blessing. So did Daniel, he held his eye upon this line; and when
Darius the king goes out of the line, he is forbidden by the God of
heaven to follow the king, but directs his eye upon the line to Jesus
Christ. Beloved, it is now counted jarring contention, and a turbulent
humour, for men to refuse subjection to every thing that superiors
please to command: but ye may see clearly what is obedience, and what
is disobedience: it is not obedience to follow the humours of men, that
goes out of this line; but this is obedience, when they obey them that
are above them in the line. Therefore we should look to two things,
when we hold our eye on this vista—1. We should consider whether these
that are above us have their calling from God or not, and if they be
our lawful superiors; and if not, then have they no place in this line;
for there is here God, Christ, king, and the people; and so unlawful
superiors have no place here. 2. If they be our lawful superiors,
look if their commandments be lawful: for in so far as their office is
unlawful, they go out of the line; and if they be unlawful superiors,
we owe them no obedience: and this day’s work is to delete the names
of such superiors out of this line. Again, when our lawful superiors,
to whom we owe obedience, command what is unlawful, we are not bound
to obey them. Therefore, let all and every one of us, as we would that
the drops of the sweet influences of God’s spirit should come down upon
us, hold ourselves under the line, otherwise the blessing shall fall
upon them that keep the line, but never a drop upon these that are
trangressors, or goes out of it.

We come, in the next place, to speak unto the dignity and dominion unto
which our Lord Jesus is exalted—“Sit thou at my right hand.” As I told
you before, it is not my purpose to enter upon any large discourse,
especially on this, which is so amply expressed in the Scripture—viz.,
the sitting of Christ at the right hand of God. Only a word or two,
so far as concerns the present purpose. 1. You see it is said here,
“Sit thou at my right hand,” or, as is expressed in the fifth verse,
“is at thy right hand;” which seems to be opposite—for here Christ is
at the right hand of God, but there God promises to be at the right
hand of Christ. And this is very comfortable to consider, if we take
it up right; for man is in a twofold condition that is very different.
Sometimes he is at peace and quietness, rest and ease, and in glory
and honour; and then, in this case, the right hand is the best place.
I need not clear this; for I think many here understand it perfectly.
Sometimes, again, man is in trouble and distress, in great danger and
fear, and then it is otherwise; he has need of one to be at his right
hand to help him, as in the 5th verse. And this is very comfortable,
that, in the time of trouble and distress, the Lord is at thy right
hand to keep thee, and guard thee with his right hand. But when the
time of honour, reward, and recompense comes, then the Lord, as he
sets down his Son at his right hand, so he will give every one their
own degree, honour, and glory. And this was it that God promised to
Abraham—“I will be thy shield, and thy exceeding great reward, to
defend thee, and be at thy right hand in the time of all thy troubles
and distress, and will not desert thee.” Again, on the other part, when
the time of honour and recompense comes, “I will be thy rich reward,
and will set thee on my right hand as sheep, when the goats are left.”
This is not the ambition and pride of churchmen, in striving at the
right hand of kings, &c. No, no; and yet this hath been the ground of
meikle woe and mischief to the Church of God. Ye will find, and it is
worthie of observation, that seldom or never almost does our Lord speak
of his Cross, and of his sufferings in the gospel, unto his apostles
and disciples, telling them that he is to suffer, but his disciples
propone this question, “What place shall we have in thy kingdom?”
imagining an earthly kingdom; which surely was a prognostication that
the ambition and pride of kirkmen should be the greatest enemies that
ever the Cross of Christ should have. And it is not possible for men,
when the pride of their heart and ambition are seeking their own
greatness, and wealth, and honour in the world, and how to make their
houses great after them, and how to make their children live in delight
and wealth—I say it is not possible they can esteem of the Cross of
Christ as they ought to do. Such churchmen as these, if Christ were in
the flesh again, would think they would be rather his masters than his
servants, because they aspire after dominion and dignity, and have
only a natural sort of theology, whereof I did speak before, but are
ignorant of Christianity. Therefore let us strive in all our troubles
to have the Lord on our right hand, as in the 5th verse of this psalm,
that he may guard us against troubles.

Now, this sitting at the right hand of God is a very high degree
of majestie, glory, and dominion, given unto Christ above all the
creatures, above all the angels, for they all acknowledge him to be
King and Lord. To adventure on describing what particulars this doth
contain were a forgetting myself, and those to whom I am speaking. Only
I must say, a pity it is and lamentable, that he being exalted after
so bitter sufferings and so great abasement, we should not ascribe to
him his own due, his majesty, and glory, and dominion, as we ought; and
that we cannot learn to entertain communion between him who is at the
right hand of God and our souls—for surely there is a communication
between him and every believing soul: a pity it is, I say, that it
should be so insensible to us, or we so senseless that we cannot
conceive or apprehend it. Oh, what a comfort it were to us to have the
beams of that sun of righteousness, with light and heat refreshing
our souls; and that we would acknowledge his dominion and government
in our hearts! This were very comfortable if we were not strangers to
this communion with Christ, but were sending up our desires to heaven,
and receiving answers from our Advocate. The men of this age are gone
so far on, that they think this authority and dominion of Christ is
exercised over the visible Church only in secret, and spiritually;
but for the government thereof in the external order, they imagine it
is committed unto men, especially to civil men, and their authority,
which seems to me to be not very far from blasphemy; for it is strange
that any man should imagine the Lord would have his own house without
order, that holds all the world in order, and exercises a particular
providence in ordering every creature and subjecting them to one
another; for there is a perfect government to be learned out of the
word of God, and you must not dispute what ye think the best form
whereby our Church should be ruled, or that any country may reduce the
government to another form. But it is the question, what government
Christ and his Apostles have set down? Neither is it to be questioned
whether it agrees with reason or not; but whether it agrees with the
pattern shewn in the Mount. And this right government that he hath
established, if we had eyes to see it, we would perceive it to be the
most orderly, and the most beautiful and amiable thing in the world,
that any lover of wisdom would be enamoured with it. And surely if
wisdom could be seen with bodily eyes, it would have many lovers; so
if this government that Christ has established in his Church were seen
with the eyes of the soul, it would have many to reverence it. But I
may not now insist to speak of the order and government of the Church
of God. 2. As the order is beautiful, so is it powerful to keep out
many corruptions. And surely it is not possible that Christ’s kingdom
can be ruled with another order than Christ has established in his
house. And surely heresy and false religion, and an enumeration of all
evils, will come into the house of God, if that be not ruled according
to his word. And, 3. As it is powerful, so it is profitable for
advancement of piety, religion, and righteousness. And I am sure these
that have not seen Assemblies before will understand how profitable
this Assembly is unto our Church, when every man is heard patiently
till he speak his mind; and then is a contribution of every gift in a
nation joining together and making up a composition of an Assembly. Let
it be judged by any man whether the Episcopal power be likest God’s
own order in his house; and I put no question but the Kirk of Scotland
will be found to be the Church of Christ, and the Antichristian Church
shall be found to acknowledge it. 4. As it is a beautiful, a powerful,
a profitable order; so it is very pliable also, or of such a nature
that it can well agree with Monarchical government, or any other sort
of government in a Commonwealth. Therefore it is but a false aspersion
cast upon this order and government of the house of God, to say that
it is an enemy to Monarchical government, while as there is none so
suitable thereto as it. Oh, say they, there is nothing but confusion in
Presbyteries, where there is an equality. To these we would say, are
not the Senators of the College of Justice all equal? and are not the
Privy-Counsellors equal? And shall we say, because they are equal, they
cannot consist with Monarchical government? Nay, Presbyteries, Synods,
Provincial and General Assemblies, may as well stand with Monarchy as
the College of Justice, the Council, or any other judgment-seat: yea,
in all these there is a parity, and yet it occasions no confusion.
They will say there are some few that rule all the rest, and that is
Episcopal tyranny, which, alas! is a great mistaking of the gifts of
God; for when God furnishes one with gifts above another, why should
not use be made of that gift for the good of the whole Church of God?

Now for the time to come: “Till I make thine enemies thy footstool.”
Because I am loth to detain you, I will speak but a word of this by way
of application, rather than explanation. You know, beloved, besides the
professed enemies of Christ, he hath intestine and domestic enemies.
And these men that we are to sentence this day, and to give out the
censure of this reverend Assembly upon, have proven themselves the
enemies of God and of his Son Jesus Christ, these many years bygone.
We may say boldly, they have been the greatest enemies that Christ has
had in this kingdom; for, 1. They have been friends to the enemies of
Christ, the Antichrist. Who is Antichrist but the proudest and most
opposite enemy that Christ has? They would not let him be called the
Antichrist. 2. They have been friends to the Antichristian Church; for
they would not have the Roman Church called Antichristian, but have
disputed for her, and maintained affirmatively that she is the true
Church. And ye all know how Papists and the supports of Antichrist
have been preferred to honest Ministers, the servants of Jesus Christ.
3. They have proceeded according to the principles that the enemies
of Christ have followed since the beginning; for you see in the first
chapter of Exodus how the enemies of God did with his people: “Come,”
say they, “and let us deal wisely, lest they multiply and increase.”
They began with a piece of very barbarous cruelty against them, and
used the utmost of their power against the people of God, never
considering whether they were the people of God or not, nor considering
that their multiplication was from the blessing of God. And such have
these men done in times past, striving, by all means possible, that
the people of God should not multiply, using all the policy and wiles
they could, whereby there should be no more any people of God in the
land, but only a number of naked professors; for there was no man that
professed the power of religion, but he was ridiculed and mocked as
a Puritan. Ye know, in the ninth chapter of the Judges, there is a
maxim or principal rule of policy laid down, “Whether is it better for
you that all the sons of Jerubbaal reign over you, or that one only
reign over you?” And this is commonly opposed unto us. It is better,
say they that Bishops rule, than that every Minister be a Bishop and
ruler; and therefore they proceeded according to that craft men did
propose before them. But now, blessed be our Lord that has taken the
crafty in their own snare. Therefore, since we see it clearly that
they follow such rules as God’s enemies have kept from the beginning,
shall we not count them our enemies? And I add a fourth, surely they
that are friends to the world, and follows the world, are enemies to
Christ. And it is clear in their practice that they have followed the
world; for what is the world? nothing but these three things, the
lust of the eyes, the lust of the flesh, and the pride of life. Now,
if any man will impartially consider their proceedings, ye shall find
that they have followed the world and the lust of their eyes; for they
think if any man be eminent in gifts above others, or, in the course
of their philosophy, quicker than others, and then acquire a better
gift of learning than others, and better expressions, &c.; such an one
must not lie in the dust of contempt with his brethren; nay, he must
have pre-eminence. And, 2dly, then they must have better fare than
ordinary, and fairer houses, &c. than others. And then, after that,
they begin to despise the calling of the Ministry as a base thing, and
they cannot abide to sit three or four hours catechising a number of
landward people; and they choose rather to attend the court, or some
nobleman. And thus, as before they followed the lust of the eyes and
the pride of life, so now they follow the lust of the flesh. And it
is these three that has made so many Ministers to become unprofitable
and rotten members, such as these men are whom we are this day to cut
off. But time being spent, I will proceed no further, but go on to the
pronouncing of the sentence of this honourable and reverend Assembly
against the pretended Prelates.

By the appointment of this General Assembly, so solemnly convened, the
like whereof has not been heard of at any time in this land, that we
know, there be divers censures to be inflicted upon these pretended
Bishops.

We shall first enter with the gravest and weightiest censure of
excommunication. The General Assembly hath declared, that they think
the persons following worthy of this censure—viz., Mr John Spottiswood,
pretended Archbishop of St Andrews; Mr Patrick Lindsay, pretended
Archbishop of Glasgow; Mr John Maxwell, pretended Bishop of Ross; Mr
Thomas Sydserf, pretended Bishop of Galloway; Mr Walter Whiteford,
pretended Bishop of Brechin; Mr David Lindsay, pretended Bishop of
Edinburgh; Mr James Wedderburn, pretended Bishop of Dumblane; and Mr
Adam Ballantyne, pretended Bishop of Aberdeen.

I need not inform the honourable and revered members of this Assembly,
for whose cause they are thus censured, for they are well acquainted
with it. But, for these that are not well acquainted with their
outbreakings, I will cause read a paper unto you, at the hearing
whereof I think your heart shall quake, your hair shall stand, and
your flesh creep, when ye hear tell that Christians, let be Churchmen,
who reckon themselves the chiefest and most eminent men in the Church,
and call themselves the pastor of pastors, should have fallen out in
such foul acts as these are. [Here the preacher gave out of his hand
an abstract of the proof against the Bishops, which having been read
publicly by the Assembly clerk, the minister proceeded.] Thus, ye
see, they have fallen foully by their abusing and ruining the Kirk—by
their consenting to unlawful acts, and voting in Parliament, without
consent or warrant of the Church—in not rendering an account of their
proceedings to the Church—in wareing on their riotousness and ambition
the emoluments of the Church—in dilapidating their benefices—in
neglecting the ministerial duties over a particular flock—in
usurping and tyrannising over all Presbyteries, Synodal and General
Assemblies—in suspending, depriving, fining and confining faithful,
painful Ministers—in relaxing excommunicated Papists—interdicting
morning and evening prayers—countermanding synods, and falsifying their
acts—moderating and tyrannising in General Assemblies—in causing great
disorder and confusion to fall out by their private marriages without
proclamation, even contrary to a Popish Council at Trent—in troubling
of professors for their maintenance of the doctrine and discipline of
the Church—in refusing to admit Ministers except they would first be
deacons—in preaching heresy and corrupt doctrine, Popery, Arminianism,
&c.—in exacting unlawful oaths of intrants, usurping of civil
dignities before the peers of the kingdom—receiving consecration to
the unwarrantable offices of Episcopacy—by tyrannising over the laws,
liberties, jurisdictions, persons, and estates, both of the Church and
Churchmen in the High Commission—by bringing in innovations in the
worship of God, such as, the superstitious Service-Book, tyrannous
Book of Canons, and Book of Ordination—by their loose and profane
lives—their excessive and extraordinary drinking—filthy dancings—common
swearing by the name of God—profaning of the Sabbath—profane
speeches—and excessive gaming, contemning the public ordinances of the
Church—bribery—simony—adultery—slandering of the Church—and stirring
up of authority against these who could not go alongst with them. For
these, and many other gross transgressions and slanders, at length
expressed, and clearlie proven in their process, which is not seemly
to be named in this place; and, instead of their repentance, adding
to all these evils extreme contempt of this Church, declining and
protesting against this honourable, reverend, and duly constitute
Assembly, they have incurred, and justly deserve, this fearful sentence
of excommunication.

Before we go to the pronouncing of this terrible sentence, the like
whereof has not been heard in a land, because we never have heard of
such matters in our Kirk, you shall hear particularly the sentence
which the Assembly hath ordained to be declared and pronounced against
the said pretended Bishops.

[Here the Moderator read the Sentence, which will be found in page 26
of these Records.]

After which the Moderator said—You, who are the congregation of God’s
people, are called of God to concur in this action. You have heard
the ordinance and sentence that this reverend Assembly have given out
against the eight persons before named; and you may easily believe
their warrant so to do, by the crimes you have heard, which have been
proved to the full. If it had been needful, and that time would have
admitted, you should have heard the haill process, whereof the crimes
you have heard mentioned are but a small part; for ever the further
that we searched, the fouler guiltiness was found in them. And surely
when any professor of the Christian religion, or member of the visible
Church, especially those who profess themselves Ministers of Christ,
be found guilty of such things as are laid to thir men’s charge; and
add thereto contumacy, yea great obstinacy, as these men have done, he
deserves no less than excommunication, though it be a very terrible
sentence. Ye know that the members of this Assembly do nothing at their
own hand, neither is it presumption that moves them to do it, for they
are commanded of God, and, being commanded, they dare not be so bold as
refuse. As there is a necessity laid upon us to preach the gospel, so
is there a necessity laid upon us to pronounce this sentence. Ye know,
in chap. xviii. of St Matthew’s gospel, our Lord’s commandment is, “If
he neglect to hear the Church, let him be unto thee as a heathen man
and a publican;” that is to say, account him as a Turk, or a profane
man, a stranger to the household of faith. And 1st Cor. v., St Paul
commands the Church of Corinth to cast out the unhappy man that had
been guilty of incest; and we have the promise of Jesus Christ, who
hath given us this authority, that what we _bind on earth shall be_
also _bound in heaven_. And, for as mean men as we Ministers are, it
shall be found that our sentence shall be ratified; and those who will
observe shall see it, that we are sent to Glasgow to pronounce this
sentence. Neither is this a new thing in the practice of the Church;
from the beginning this sentence was in use. When Adam fell into the
great and high sin of disobedience against God’s first command, he was
cast out of Paradise, which was an emblem of the Church of God. And
you will find, under the law, there are many particular precepts and
statutes, excluding unclean and leprous persons from eating of the
passover. All which represent, by analogy, this sentence under the
gospel. In the New Testament there are several examples likewise. 1st
Tim. i., 20. Hymeneus and Philetus are registrate to the end of the
world, and branded with a note of reprobation, whom Paul delivered unto
Satan, that they might learn not to blaspheme. And you may not think
but as we have commandment, promise, and practice for our warrant,
there is also great necessity for it; for, in such a case as this, God
cannot be honoured otherwise. Were it not dishonourable to God to have
men guilty of such crimes going to the pulpit to preach to his people?
Yea, it were enough to make people loathe the articles of their faith,
to hear such men as these take the Covenant of God in their mouths; and
therefore it is expedient that the Church of God be purged of such foul
scandals as it hath been polluted with in these men’s persons. And this
is profitable likewise for the faithful, that they may learn to be wise
and holy, and that they fall not into the same faults, lest the same
censure come upon them. And truly if the Lord had directed to another
remedy for these men, the Kirk of Scotland would have been glad to use
it; but there is no other known mean to keep them from the condemnation
of the devil, for the mortifying of their flesh, and saving of their
souls, than this.

And, as you see it is warrantable, necessary, and profitable on the
matter; it is likewise warrantable and necessary as to the manner. For
these and the like faults, the Bishops own tyrannous canons ordain
excommunication to be pronounced _ipso facto_. Next, you that please
to read the Book of Common Order before the Psalm Book, will find that
summar excommunication was appointed by the Kirk of Scotland, in some
cases. But we are not to account this summar excommunication; for it is
above a year since these men were summoned by the many supplications,
bills, and complaints, that were given into the Council-Table for the
superstition and idolatry they brought into the worship of God; for
the tyranny they brought into the government of the Church, and for
the heresy they brought in upon doctrine; and so, all this time, they
have got public warning from the Kirk. And, besides all this, they have
given in a declinature and protestation against the Kirk of Scotland,
and obstinately refuse to hear her; and, therefore, they justly deserve
to be accounted as heathens and publicans.

It rests now, before pronouncing the sentence of this reverend
and honourable Assembly, that we should call upon God that he may
be pleased to join his divine approbation to that which we are to
pronounce, that it may be seen by the world to be ratified in heaven.

Great Lord of the heavens and of the earth, who does in them both
what seems good in thy own sight—great King and Lawgiver, in thy
own church—God eternal and glorious in thy self, but merciful and
compassionate to thy people—we, thy servants and children, do again
present ourselves before thy Majesty. (The concern of the congregation
increasing as the awful part drew near, the amanuensis could not
distinctly transcribe more of this very fervent prayer.)

Prayer being ended, the Moderatour pronounced the sentence of
excommunication in these words:—

Since the eight persons before-mentioned have declared themselves
strangers to the communion of saints, to be without hope of life
eternal, and to be slaves of sin, therefore we—the people of God,
assembled together for this cause—and I, as their mouth, in the name
of the ETERNAL GOD, and of his SON the LORD JESUS CHRIST, according
to the direction of this Assembly, do excommunicate the said eight
persons from the participation of the Sacraments, from the communion
of the visible Church, and from the prayers of the Church; and, so
long as they continue obstinate, discharges you all, as ye would
not be partakers of their vengeance, from keeping any religious
fellowship with them; and thus give them over into the hands of the
devil, assuring you, in the name of the Lord Jesus, that except their
repentance be evident, the fearful wrath and vengeance of the God of
Heaven shall overtake them even in this life, and, after this world,
everlasting vengeance.

Beloved, let us not think that this fearful sentence is merely the
wind of a man’s voice; surely these unhappy men shall find the truth
of it. It is true a farther blindness of mind, and hardness of heart,
is one part of the execution of this sentence; but it may be that the
Lord of Heaven shall kythe some sensible judgement upon some of them,
whereby they may be made spectacles of his wrath, except they repent.
Cain thought little, when he was cast out from the face of God, that
any evil should befal him; and surely in a lamentable case was he when
he lived, and miserable were his offspring and all that joined with
him. So was it with cursed Ham and his whole race; they were rooted
out, and the judgment of God came on them. In like manner, the fig-tree
being cursed, it withered immediately away; and Ananias and Sapphira
were struck dead at the first word of Peter. And though we do not say
that miracles will be wrought—for God can execute his judgements in an
ordinary or extraordinary manner, as best pleaseth him—we have cause
to be grieved that there are such rotten members in the body of this
Church; and, truly, it is ill with such Members when they are cut off.
We speak only from the visible Church, because they declare themselves
so obstinate to her, and acknowledge not their mother; and we mean only
the destruction of the flesh that their souls may be saved in the day
of the Lord; for it is the earnest desire of our hearts that the same
may tend to their salvation. And I do verily believe that there are
none here so willing to witness their excommunication as they would be
to receive them again to the society of the Saints: and that the Lord
may in mercy take the blot off them that is this day put upon them in
justice.

Now you shall hear the Sentence of the Assembly on the rest of their
colleagues.

[For the Sentence, see pages 27, 28.]

After which, the Moderator’s strength being outwearied, he only added—

Now you may perceive how circumspectly this Assembly have gone on, in
giving out their judgment against these men according to the degree
of their guiltiness. Neither have they judged according to rumours or
reports, nor yet by their own private knowledge, but have proceeded
according to things that have been clearly proved, which makes us the
rather be persuaded of God’s approbation of our sentence. Therefore,
let us again humble ourselves, and give thanks to our Lord for his
presence with us, and entreat him for a further manifestation thereof,
to the glory of his rich grace through Christ our Lord.—AMEN.

       *       *       *       *       *

[_Eodem Die._]

After in calling upon the name of God,

A noble Lord, my Lord Montrois, who did formerlie undertake, for my
Lord Wigtoune, that he would come and declair his meaning to the
Assembly anent his subscryving to the kings Covenant, did give in a
letter of excuse, come from my Lord Wigtoune, wherein he declaires that
he is myndit to come to the Assembly whensoever his busines can permitt
him, and give them all satisfaction.

After this, there was ane proces produced against Mr Wᵐ Annand,
sometyme minister at Air, for maintaineing saints dayes, and many
poynts of erroneous doctrine; especiallie in ane sermone taught at
Glasgow, at ane synod 1637.

Mr John Fergussone and the Provest of Dumbartone, gave a large
testimony of his scandalous lyfe and erroneous doctrine. Then the
rolles were called.

Mr Alexʳ Kerse said—I know he subscrivit our Covenant, and efter
resedit from it, and so he proved a Proteus _quem vertit se in omnes
figuras_. Therefore, let him be deposed, and then he will be in a
figure that he was never in before.

The whole Assemblie did all agrie that he should be deposed, and the
way and order of his censure to be remitted to the Presbitrie of Air.

Mr Andro Rollock gave in his supplication, declaring that out of meir
ignorance he had subscrivit the Declinatour, being brought up with the
Constitution of England Church; but now, having gotten farder light
from God, and intelligence from Acts of Generall Assemblies, with
greiff of heart and conscience, declynes it altogether, and adheres to
the acts and constitutions of this present Assembly; and, therefore,
did earnestlie supplicat that he might deleit his name from the
declinatour, which the Assembly grantit, upon condition that he should
make publict declaration of his recantation in his paroche kirk, which
he willinglie condiscendit unto.

Lowdoun said that the favour granted to him who had been brought up
in the Kirk of England, should not be a preparative to temporizers
among ourselves, and so is pure negations, and uthers are prave
dispositions, or wilfull ignorance.

The Moderatour said—Fra we be delivered fra these diseases that
hath oppressed the whole bodie, I hope we shall have greater health
hereafter; for laying aside aines the hope of Episcopall dignitie and
the fear of Episcopall tyrannie, I hope men shall labour to be more
carefull and faithfull in their ministrie; and since God hes moved your
heart, Mr Rollock, to declyne your declinatour, I hope ye will not
stand to give the most publict declaration that can be; to whilk he
willinglie condiscendit.

After this Doctor Hamilton, procurator for the Bishops, was called on,
and the proces red and the probation thereof. Then the rolles were
called.

Mr Alexʳ Kerse said—He hes bein verie strict in urging thir novations,
and he hath bein verie officious _et nimium diligencie_ in agitating:
therefore, since the trie is cutt doune, let the woodbine fall with it
and be buried: therefore let him be deposed.

The whole Assemblie voited the same.

The Moderatour said—Since this Assemblie finds that he deserves
deposition, I, as the mouth of this Assembly, discharges him from all
function of the ministerie, exercise of discipline, or administration
of the Sacraments, and declaires his place to be vacant; and ordaines
him to make his repentance at Edʳ, and if he disobey and did not
passe from his declinatour, that they should proceed against him to
excommunication.

Then there was a proces given in against Mr Thomas MᶜKenzie, Archdeane
of the Chanrie of Ros, who for his fornication, drunkennes, marrying of
adulterers, &c. After the calling of the rolles, the Assembly voited
to his deposition, and if he did not satisfie in repentance, that he
should be excommunicat.

Mr George Muschet, minister of St Androwes, called upon and his proces
red, and delayed till the next day.

       *       *       *       *       *

Sess. 21.—Decʳ 14, 1638.

After in calling upon the name of God,

Mr John Smart showed his Commission from Caithnes, to the end he might
have voit in the Assembly in the place of the former commissioner, who
is gone hame sick, which was accepted, and his name written in the roll.

Then Mr Androw Sheipheard declaired, that of meir ignorance he had
subscryvit the declinatour, and was deiplie humblit for his oversight,
and protested solemnlie that except that ane oversight he did never,
nor never would give way to any divisive motion; and therefore desyred
earnestlie that he might raze his owne name out of the declinatour,
which the Assemblie granted, and ordained him to make signification
thereof in the pulpit of Dundie.

Moderatour said—It is expedient, if the Assembly think good, to
appoynt Commissions through the Kingdome, for discussing of Complaints
and Lybells given in against Ministers. Then the Assembly appoynted
Commissions in severall places of the Kingdom.

The Moderatour said—If the Church were well established in her owne
power and jurisdiction, there could be no neid of such Commissions;
therefore, let us labour to get the ancient jurisdiction of the Kirk
restoired to its full power, and Presbitries, Provinciall and Nationall
Assemblies, to their owne jurisdictione: for the Generall Assemblies
cannot give to the Commissions to consider new processes, but such as
they cannot convenientlie decyde themselfes, and in such partes of the
countrie where Provinciall Assemblies cannot be had.

The Moderatour said—We have beine treating hitherto of matters of verie
great importance, howbeit, it hes bein only a primitively sort of
dealing; and now we are to fall upon positive acts. Therefore, I will
intreat yow to renew your former patience in waiting upon a comfortable
conclusione to this worke: for having banished out ane evill order,
if we labour not for ane good order, it may justlie be said, ane
evill order had beene better nor nane; and therefore resolve to stay
till some good order be established, that ye may know how to carry
yourselfes in tymes comeing. Next, there is a verie great necessitie
upon many considerations, that there be something done concerning the
Confession of Faith, that hes beine subscryvit with the explanation
of it; and concerning that Confession alse subscryvit by some few at
command of the Counsell; and it were good that some few were separat
for it that if it were possible—

Lowdoun said that there is something emergent now lately come foorth,
that gives the greater reason to aveir to that poynt; for now, when the
Assembly hes interpreted the Confession, to whom only it was referred
as competent judge, and lykewayes many of the honourable Counsell
having declaired their meaning is to keepe in these things that are
contrarie to the Assemblies explanation, so there is a necessitie of
some further explanation for takeing away of all scruples.

In the meane tyme, my Lord Wigtoune came and declaired, in the face of
the Assembly, that he had put his hand to the Confession of Faith out
of a resolution to adhere to the religion in doctrine and discipline,
as it was professed in 1580, when the Kirk was in puritie; and this I
speake not out of ostentation, but from certaine knowledge and zeale to
Gods caus, and will adhere unto it whilst a droppe of blood remaines in
my veins.

For the which declaration, the Moderatour and whole Assemblie rendered
his Lordship heartie thankes, praying God to assist his Lordship so to
doe.

After this the Moderatour said—I perceave there is a universall regrait
among Ministers who are put to the extraordinary charges by coming from
Orkney, Caithnes, Sutherland, and uther remote places, that their meane
portione is not able to beare. Therefore, I desyre that some course
may be taken how their charges may be provydit, that they may attend
the Nationall Assemblies and uther meetings of the Kirk, since they
have a great zeale to give a testimonie to the trueth. Therefore, I
would desyre the Noblemen and Elders to consider of it; and I hope it
shall not be interpreted to be bryberie where there hes bein too much
in former pretendit Assemblies; and we are now stryving to returne to
our old customes used before Episcopacie, some whereof we have begun—as
this of Ruleing Elders to have pairt with us in guyding the affaires of
the Kirk, which how profitable a thing it is, may appeare by the much
helpe that hes contributed to us this year past. Neither neid we feir
thir usurpatione, since we hope for Generall Assemblies to beat doune
corruptions of that kynd.

My Lord Lowdoun said—It deserves to have a present course tane for
it, and its certane the Generall Assemblies is but the representative
Kirk of this Kingdome. Everie Minister that comes heir, comes not as a
Minister onlie, but representing the paroche or Presbitrie they come
from; and therefore it were fitt that the Elders and paroche did beare
the burdene of their charges.

Balmerino said—That was one of the overtures which they had to give in,
and therefore would come in to be considered heirafter.

Then Mr George Wischart, Minister of Sᵗ Androwes, was called on,
and his proces red, wherein he was accused for rayling against the
Covenant, and saying that he should never come in his pulpit if the
Covenant were red in it; lykewayes that he had maliciouslie deserted
his flocke for the space of 8 monthes, whereas the Act of Dundie beares
deprivation upon 40 dayes absence.

Lowdoun said—His non residence will be sufficient to depose him; and
the question is only that he was not cited; but, according to the Act,
his non residence will depose him absolutelie becaus he went away
without advertising the Generall Assemblie.

The Moderatour said—It seemes to me that it will be hard for the
Assembly to declair his place vacant; but, if Sᵗ Androwes will take the
hazard to find out ane uther who will be willing to supplie his place,
they may doe it; for there must be either dimission or deprivation
before it be now filled there. There can be no sentence of deprivation
against him, till he be either cited, or his proces closed before the
Presbitrie; and, in the meanetyme of the proces going on against him in
the Presbitrie, and citation used, if he compeare, it is thought he can
give no sufficient reason, and so will be worthie of deprivation.

The Assemblie condiscendit to the Moderatours motion, and appoynted
that Sanct Androwes shall provide for themselves a Minister, and that
Mr George Wischart, upon such considerations, shall be cited, and the
Presbitrie to proceed against him.

Then there was a supplication presented from Sᵗ Androwes for provyding
of their Ministery, and many pregnant reasons used by them, wherefore
they should have ane able Minister, and that their necessitie was
considerable, in respect of their corrupt Universities, and the
dangerous fruites that a corrupt Ministery had brought foorth amongst
them. Then it was asked whom they had sett their eyes on, and the
Commissioner from Sᵗ Androwes nammat Mr Andro Flock and Mr Alexʳ
Hendersone.

The Commissioner of Edinʳ answered—That he had commission from the town
of Edinʳ to supplicat for the transportation of Mr Alexʳ Hendersone to
Edʳ, alleadging lykewayse that the toune of Edʳ had the priviledge of
being first provydit in their Ministerie.

Moderatour said—Let there be no contest for me, for I have bein thir 24
yeares Minister at Lewchars; and now I am growing ane old, withered,
and dry tree, and it is pittie to transport such a ane, least it bring
foorth no fruite. And I doe declair _ex animo_ to this Assembly, that,
although I have ane earnest desyre, if I had any thing in me to imploy
it for the good of the Kirk of Scotland, yet I think I am able to doe
more good heir where I am nor any where els; therefore I intreat the
Assembly that some may be appoynted to hear my just reasones that I
have to give in, why I should not be transported.

Lowdoun said—Becaus the desyre of the parties will be eager on both
sydes, therefore, let some indifferent men be chosen by the Assemblie
to heare the reasons of the Commissioners of Edinʳ and Sᵗ Androwes
both, and your owne reasones lykewayes.

The Commissioners of Edinʳ objected, that there could be no committie
chosen for that effect, becaus they had alreadie chosen him to be their
Minister, and, lykewayes, they had the priviledge to transport any
Minister of the kingdome.

Mr David Dick, Mr Andro Cant, Mr James Bruce was ordained to name a
committie.

Then there was a proces given in against Mr Hary Scrymsoure, wherein he
was accused for abuseing the church yaird, break of the Sabbath day,
and for venting of sundrie tenets of false doctrine.

The said Mr Hary gave in a most humble supplication, and, with many
teares, confessed sundry of his faults, and shew himselfe to be
penitent, that he was most willing to undergoe whatsover censure the
Assemblie could lay upon him, to restoir God to his glorie, humblie
supplicating that he might be continowed in the Ministerie, and not
depryved.

The lairdes of Newtoun and Waughtoune, his parochiners, urged still his
deposition, according to the Acts of the Kirk.

Moderatour said—That it were good that he give a testimonie of his
unfenzied repentance to his parochiners, and stay with them and build
up that whilk he had throwine doune, if his paroche could consent.

Newtoun answered that he might be profitable in ane uther place, but he
could not be profitable there.

My Lord Burlie said—I wishe this Assemblie may doe everie thing on good
grounds; and, for my owne parte, I cannot be satisfied unles he be
deposed, and, upon his repentance, let him merite favour.

Moderatour said—If he be deposed, I hope he shall not find the weight
of it long; and, since this Assemblie can find no uther way for him
but deposition, let him make his repentance, and come in before the
Presbitrie, and receave a warrand from the Presbytrie, and preach any
where, and, at the first occasion of a paroche, receaved and admittit;
and let us joyne together to help this our penitent brother where he
may have a ministerie.

Then there was a proces given in against Mr Robert Hamilton, Minister
at Lesmahago, and the probation thereof before the Presbitrie of
Lanerk; and it was found that he had brocken the Sabbath, and taken
lends from his parochiners; deteined the penalties of delinquents;
banished some of his parochiners out of his paroche for not kneilling
at the Communion; that he had preached Arminianisme, and declyned the
Assemblie.

Mr Alexʳ Somervill said that he behaved himselfe verie undecentlie
before the Presbytrie, and called some of his parochiners deboasched
villanes, in face of the Presbitrie.

Moderatour asked—If he did cleare himselfe before the Presbitrie
concerning Universal Grace?

Mr Alexʳ said he gave in ane writt to the Presbitrie; but we layd
it by in respect it contained not a direct answer, but was full of
subterfuges and dubious expressions, and he alleadgit that he ventit it
only by way of disputation.

The Moderatour said—When he passed his tryells in the Colledge of St
Androwes, he was suspect of it, for he was a scholler of Wedderburnes;
therefore the Presbitrie ordained him to make his theames upon that
poynt, and they wer compted orthodox; but it is not well favoured that
he yet smellis of it.

Lowdoun said—There is ane thing cleare in his challenge, and he grants
it—that he hes tane the defence of these articles anent conformity,
and hath made it a reasone of putting many of his people out of his
paroche, and surelie there was never any of them refused to joyne with
him but out of conscience, and still he tooke penalties from them to
wearie them.

Moderatour said—There is no question but he hes bein verie forward in
these causes; alwayes some of his friends lookes for him this night;
and since it is the chief of all our desires to gaine the man, let us
use no preposterous course, but delay this matter till Monday.

Mr James Flecke having produced his theses before the Assembly,
according as he was ordained the day before, anent the universalitie
of Christs death, the Assembly ordained him to goe home to his
congregation and Presbitrie, and satisfie them in alse solemn a manner
as can be, and declair to them this judgment of the Assembly; and if he
failzie herein, that he be summonded before the Commission at Dundie.

A question was proponed to the Assembly anent Mr R. Nairne, minister at
Carmichael, who, being imposed upon the paroche lately by the Bishop
against the heart both of the paroche and Presbitrie, is now fallen
in a ffrenzie, and hes lyen under the phisicians hands ane quarter
of a year; and the paroche desyres the Assemblies verdict of it. The
Assembly committs to the Presbitrie.

Doctor Panters proces was produced and delayed till the morne.

       *       *       *       *       *

Sess. 22.—Decʳ 15, 1638.

After in calling upon the name of God, The Moderatour said—We were
speaking of ane of the Doctors of Divinitie in the Colledge of Sᵗ
Androwes, viz. Dr Panter. His proces was red the last day in the
Assembly, and if ye will, ye shall heare it againe. The trueth is, he
was oft tymes called before the Presbytrie, but did never compeir; and
therefore ye have to consider whether his proces shall be red over
againe and decydit heir, or referred to the Commission of Sᵗ Androwes.

Auldbar says—He thinkes himselfe to be a pryme man, and the sentence
heir will stryke more against him then the sentence of any privat
Commission. Let this Assemblie judge if such a man should be a Doctor
of Divinitie in ane of the most pryme Colledges of this Kingdome?

My Lord Balmerino said—We have beine searching over the Acts of the
Assemblies, and we find that which may be discussed in Presbitries or
Assemblies provinciall, shall not trouble the Generall Assembly, and
this Act I desire the Clerk to read.

After the reading of it,

The Moderatour asked some of the brethren whether his proces should be
closed heir or referred to the Commission at Sᵗ Androwes?

Mr Robert Douglas, Mr Androw Cant, Mr Robert Baillie answered—There
are alse grosse and vyle thinges proven against him as might merite
deposition heir, yet let him goe to the Commission at Sᵗ Androwes.

Then the Commissioners of Edinburgh presented a supplication from the
toune of Edinburgh, for provision of their kirkes with able ministers,
alleadging that they not only had the priviledge to choyce their
ministers, but lykewayes that their Bill should be first heard.

The Moderatour answered—The Bill of Sᵗ Androwes hes bein first heard
alreadie, and therefore it is reason that some answer be given to
it, and becaus my name was heard in it, I desyreit my thrie reverend
brethren, Mr David Dick, Mr Androw Cant, Mr James Bruce, to thinke on
it. I hope they will heare my reasons, and by my reasons they will
give satisfaction to the Assembly, to whose judgment I confesse I
must submitt myselfe; but I am verie confident of their wisdome and
prudence, that they will heare me to the full in such a matter that
concernes me so nearlie.

Then the Supplication of the toune of Edinʳ was put in the Clerks
hand and red, containing many pregnant reasons for providing their
kirks—as that Edʳ was most exposed to the tryell of the corruptions
that are imposed upon this Church—that they were the centure of this
kingdome—that they were the learnedest auditorie in the kingdome—that
much dependit upon their example of yielding or not yielding to the
corruptions of the tyme—and that her example prevailed with many
uthers, as appeared at this tyme bypast—that her Presbytries was
ever esteemed the most pryme in this Church; and for that cause, the
indiction of the dyet of Assemblies hes bein committed to it:—That she
is first subject to all temptations, as hes appeared by urging the
Service Booke first upon her—the resorting of Noblemen, Ministers,
&c., and their continowall meetings is there. By all thir, and many
moe reasones, neidlesse to be relaited heir, did they urge the
transportation of Mr Alexʳ Hendersone from Lewchars to Edinʳ.

Moderatour said—I will never goe to answer any of these arguments used
heir with such multiplication, and a great deall of rhetorick, for
provydeing the toun of Edinʳ—for it is verie reasonable it be weill
provydit; but for my oune parte, all these reasons doe deswade me from
granting their desyre; and since there is such great thinges requyred
of a minister that is there, surelie my insufficiencie makes me thinke
everie argument militat againes my going there, howsoever they be
strong for provyding the toune of Edinʳ.

Then there was some brethren appoynted for hearing of Mr Alexʳ
Hendersone his reasons, that they might present them to the Assembly
the next day.




Sess. 23. [December 16, 1638.]


After in calling upon the name of God,

Moderatour said—We were yesterday about some Complaints; and it is
expedient that they should be considered in Provincial Assemblies
whether they might be heard; and where they might not be heard, that
they should be considered by Commissions appoynted be the Generall
Assembly. And I think it will be hard to get Provinciall Assemblies
constitut as could be wisched; therefore it feares me there must be
both—that is, Commissions for dispatching thir great matters in hand,
and lykewayes Provinciall Assemblies, which is to be thought upon by
the Assemblie when they shall be had. Only I would heare the judgement
of the Assemblie—it being a universall thing for the good of the
whole Church, and likewise a redding of us of the burdings of many
particulars.

My Lord Cassiles said—We looke for a Generall Assemblie so shortlie
that it would seeme no neid of Provinciall Assemblies before the
Parliament, becaus ministers who have attendit heir so long cannot
spend all their tyme in going to Provinciall Assemblies; and in the
meane tyme, let Commissions be despatching matters.

Then the Commissions were appoynted as follows:—

_Item_, ane Commission for Complaints about Edʳ, Dec. 26.

Ane uther Commission to be used at Jedburgh, Jaʳʸ 2. [1639.]

Ane uther Commission to sitt at Irwing, Jaʳʸ 15.

Ane uther Commission to sitt at Dundie, Febʳʸ 5.

Ane uther Commission to sitt at Chanrie and Forres, March 19.

Ane uther Commission to sitt at Kirkcudbright, April 6.

Ane Commission for visitation of the Colledge of Aberdein.

Ane uther Commission for visitation of the Colledge of Glasgow.

Then Mr David Lindsey, Mr John Robertsone, and uther aged men in the
ministerie, were appoynted to take inspection of the Bookes of the
Assemblie, and to try wher thir provinciall Assemblies hes bein holden,
which accordingly they did, and gave in a roll the next day.

The Commissioner of Kinghorne gave in a complaint in name of that
Burgh, in respect of the great prejudice they sustained by the
Episcopall tyrannie in removing of a faithfull minister, Mr John
Skinner, and him whom they now have being ane old man. They crave of
the Assemblie ane helper.—_Fiat ut petitur._

The Commissioners from the Presbitrie of Turrey gave in a Supplication,
declairing, That whereas Alexʳ Andersone and Robert Davidsone, in
Turrey, having fallen in ane delinquencie at a mercat in Aberdeine,
and for that were conveined before the Bishop, and payed 522 merks of
penaltie, which should have been bestowed in mending the high wayes
betwixt Turrey and Aberdeine, notwithstanding they delivered it to the
Bishop, whilk he detaines, and the parties are not called for to make
their repentance.

The Assemblie ordaines the delinquents to make their repentance in
Turray and Aberdeine, and the penaltie to be restoired.

Then there was a Supplication presentit in name of the Kirk of
Corspairne, which church lyes in a very desolat wildernes, containing
500 communicants. It was builded by some gentlemen to their great
expenses, only out of love to the salvation of soules of a number
of barbarous ignorant people, who heirtofoir hes lived without the
knowledge of God, their children unbaptized, their deid unburied,
and could no way for getting mentainance to a minister but to betake
them to the sympathizing of zealousness, as the Assembly would think
expedient.

My Lord Cassiles said—Their cace is verie considerable, and deserves
helpe. The cace of their soules is verie dangerous, being 15 or 16
myles from a church; and now, since God hes given them the benefite of
a kirk, I think verilie a verie little helpe of the Presbitries of the
kingdom would give them a competent meanes for a minister, especiallie
seeing they have alreadie provydit something themselves.

This matter was committed to my Lord Lindsey, Earle of Cassiles,
Shirreff of Teviotdaile, Mr Wᵐ Dalgleische, Mr Alexʳ Kerse, and Mr John
Home, to consider upon till Monday.

Then the Moderatour asked Mr David Lindsey, who had the charge of the
Billes, if there were any moe to be presented; who answered, none but
two, which they hoped to discusse themselves.

Moderatour said—God be thanked! We have now neir endit all the billes;
and as we began with important bussines, so we must end with great
bussines lykewayes; and therefore ye must have patience, and I hope
with speid we shall goe through them all, and so returne to our places.
Therefore, if there be any in this Assembly that have any overture
to give in concerning Ruleing Elders, let them come to my Lord
Balmerinochs house at 4 o’clock.

The Clerke desyred these that had given in their billes to the
committie, and who were referred to the Commissions up and downe the
countray, let them goe to Mr David Lindsey and get their billes, that
they may raise summands upon them to compier before the Commissions.

The houre of meiting upon Monday is 10 houres.

       *       *       *       *       *

Sess. 24.—[December 17, 1638.]

After in calling upon the name of God, those who were appoynted to meit
about the Kirk of Carsfairne, declaired that they had mett and taken
consideration of the estate of the kirk; and, finding that the pairties
that posesses the teynds cannot be moved to give provision, we thinke
it expedient they be helped ane uther way; and becaus we thinke it
expedient that the whole kingdome be not troubled with it; therefore we
thinke the bounds of this syde of Tay, including Fyfe and Forthe, will
be sufficient.

Then Mr John Bell, elder, minister of Glasgow, presented a supplication
to the Moderatour; and, after he had red it,

Moderatour said—There is heir a reverend and aged brother, whom we
should all honour—for gray haires, for a crowne of glorie—that hath
approven himselfe to God in his Church, and to the people of this
cittie in a speciall maner; and now, finding his natural weaknes
increasing, though he hath vigour of mynd as yet, and fearing and
apprehending his dissolution drawes near, he hes represented to yow
heir a supplication for a helper in the ministerie, and desyres it may
be heard with the first.

Then the Clerke red his supplication, containing a earnest desyre, for
many reasons, that his brother, Mr David Dick, minister at Irwing,
might be admitted to joyne with him in the ministerie.

My Lord Eglintoun said—Albeit Edinburgh have power to transport
ministers, I understand not how Glasgow hes.

Moderatour said—They have power to supplicat.

Eglintoun said—Let the question be, whether Mr John Bell may have a
helper or not?

And the Provest of Glasgow said—Not only the generall doe we supplicat
but for the particular also.

Mr David Dick said—This was motioned to me yesternight, and I have
bein laying the matter before God, as it becomes me to doe; and I
desyre that my particular reasons why I should not be transported be
considered by the brethren of the place where I live, be reason of my
long acquaintance and tryed affection betwixt me and my flocke and my
brethren of the Presbitrie. I have ane open doore of doing good above
any pairt elsewhere. 2. In the tyme of my trouble by the Bishop, my
Lord of Eglintoun, and the brethren of our Presbitrie, was put to much
trouble to have me restoired to my ministerie there; and, therefore, I
am tyed to his Lordship and to them all. 3. Be reason of my professed
intention of a particular exposition of Scripture, I cannot be for such
a learned auditorie; and before ever I can take roote in any uther
soyle where I may be fruitfulle, the tyme of dissolution will draw on.

Lowdoun said—Beside these reasons given in be Mr David, ye shall
consider, that albeit some men have had but particular flockes, yet
they have both done als much good, and holden off evills as if they had
bein in more eminent places.

The Moderatour said—This is certaine—churches must be planted; and, for
that end, there is a necessitie of transportation of some to Edinʳ, St
Androwes, Glasgow, Dundie, [which] cannot be provydit with expectants.

Argyle said—Though I have not ane voit heir, yet I crave libertie to
speake my judgment. Truelie the bussines is both grave and weightie;
for the question is now betwixt the countrie and the tounes, whether
there be a necessitie of transplanting ministers from corners of the
kingdome to tounes, or let them rest where they are? And I thinke it
deserves this consideration: let everie ane that pretends interest why
it should not be, produce their reasons in write, that the Assembly may
consider of them. The Moderatour said—Let it be referred to a committie.

Eglintoun said—He would not consent: for, said he, if I submitt my
cloake to a committie, it may be they take a newke of it.

Then there was a Committie nominat:—

  Argyle,               Mr Andro Ramsay,
  Montrois,             Mr David Lindsey,
  Lindsey,              Mr Andro Cant.
  Sinclare,             Mr John Livingston,
  Eglintoun,            Mr Hew MᶜKell.
  Lowdoun,
  Laird of Blair.

A Complaint anent the Kirk of Airth was referred to the Presbitrie of
Stirling.

Moderatour said—When we are thinking upon such old fruitfull tries
as reverend Mr John Bell, we should also be thinking upon some young
plants also, that we may know our oune strenth; therefore it is
necessar that a number of expectants be taken up, both these that hath
beine out of the ministerie for not conforme to Perthes Articles, and
these that wer holden out and were forced to take them to ane uther
sort of life, waiting for better dayes, and these that are now sprung
up and are hopefull youthes, whom we trust who shall supplie our places
who are old.

Then the Commissioners of Dundie gave in a Supplication for the
transportation of Mr David Lindsey, Parsone of Belhelvie, to Dundie.

The Moderatour desyred the Provest of Glasgow, with some uther of the
burrowes, to conveine this night, and thinke upon some overture for the
change of the mercat dayes in Burghes from the Monday and Saturday,
becaus they be great profanation of the Sabbath, and wer occasioned,
that their consideration might be recommendit to the consideration of
burrowes, which the Provest of Glasgow promised to doe.

There was given in the testimonie of the diligence of some of these
to whom the Answer of the Bishops Declinatour was given in, which is
insert before the Declinatour.




Sess. 25. [December 18, 1638.]


After in calling upon the name of God,

The Moderatour said—There is ane particular heir would be considered
before we went forward, and this is about the forme of repentance of
the pretendit Prelats, Dunkell and uthers, subscryvit alreadie, and
uthers have not yet subscryvit: therefore I will tell my oune judgment
and the judgment of uther members of the Assembly who have conferred
with me. For the Bishop of Murray, let the Presbitrie of Edinʳ have
power to cite him to compeir before them, and receave his injunctions
the tyme of the Provinciall Assembly, where he shall receave the maner
of his repentance; and if he compeir not, they shall proceid against
him with the censure of the Kirk. As for the Bishop of Orkney, let him
receave the matter of his repentance of the Presbitrie of Orkney, and
let them appoynt some of thir members to receave it. For the Bishop
of Argyll, that he be cited to compeir in Edinʳ at the Provinciall
Assemblie, to receave direction for the maner of his repentance there.
For the Bishop of the Iles, that he be cited before the Commission
in Irwing to make his repentance. And in case they obey not the
Presbitries where they dwell, proceid against them to the sentence of
excommunication.

My Lord Lindsey said—If any of these who are excommunicat be content to
make their repentance, shall they not thereupon be presentlie receaved?

Moderatour said—They may weill wait upon the next Generall Assembly; or
if any of them be neir the poynt of death, and apprehending the terrors
of God, let the Presbitrie lowse them from the sentence, if they be
readie to cry out with Bishop Adamsone—“Lowse them, lowse them!”

Mr John Horne said—In that case, it wer weill done to receave them; but
let them leave a testimonie in write of their repentance, as Bishop
Adamsone did.

Moderatour said—There are divers seeking transportations, and, among
others, Mr David Dalgleishe, Minister of Cowpar, who truelie hes great
reason, if we will consider and compair his gifts with his meanes. He
desyrit the benefits of it be transportation.

The Assembly allowes this transportation.

Moderatour said—Anent our cariadge toward excommunicat persones, I
thinke civill affaires may be done with them—a naturall duetie done to
them, but civill dueties verie sparinglie.

Moderatour said—We left about the Bishops declinator and protestation,
and we appoynted some to make answer. Now, consider whither ye will
heare a litle tast of their answer till the rest be ryper for the
presse, and let it be remitted to some brether to be perfyted before
the Commission close in Edinʳ, and put to the presse. Withal, ye know
there would be a consideration had of the declaration that it hath
pleased the Kings Majesties Commissioner to publische and print, that
ane answer may be had to it, and such lyke, that ane answer be made to
the protestation given in be him.

There is a great Booke fund to be authentick, containing many Acts of
Assemblies, belonging to Mr Wᵐ Scott, in Cowpar. I thinke the Assemblie
will joyne together to make him rander the same to the Assembly,
and that a Letter be written to him, subscryved be the Clerk of the
Assembly, to send the book heir.

The Shirreff of Teviotdaile said—There is a foull scandall in our
countrie—a fellow that hes lived in incest with his wifes sister; and
when Mr Thomas Abernethie was proceeding against him, he was prohibited
by the Bishops.

The Assemblie referris this to the Presbitrie.

The witnesses against Mr Thomas MᶜGill was examined, and their
probationes ordained to goe to the Commissions at Edinʳ.

A supplication was presented from the Paroche of Cardonald, becaus of
their distance from their paroche kirk, to witt, 12 myles. They desyred
a visitation, to the end that a kirk might be planted.

The Assemblie referris it to the Presbitrie, taking the help of the
Provinciall Assembly.

Mr George Black, in the Presbitrie of Dumfreis, his Bill referred to
the Commission at Kirkcudbright.

Mr Robert Wilkte declaired that he had spocken with Mr Robert Hamilton,
minister at Lismahago, and that he was resolved to give satisfaction
to the Assembly in many thinges, and therefore intreated that he may
have libertie to advyse him till the morne.

Then the Commissioner of Edinʳ urgit againe the reading of their
supplication, and cravit the voites of the Assembly.

The Commissioner of Sᵗ Androwes desyrit that becaus his supplication
was first given in, it might first have ane answer.

The Moderatour said—I am sorie that this Assemblie, conveined about so
great affaires, should spend any tyme about any thing wherein my name
is named; for it is knowne to many of yow how small my portion is, and
I pray God their earnestnes for me make it not lesse. I humblie intreat
this Assemblie to judge according to knowledge, and not according to
the solicitation of any, and I have alreadie submitted myselfe to the
judgment of this Assemblie, and not onlie so, but I acknowledge they
may command me to goe where they will: therefore I will remove myselfe
out of the Assemblie, and let ane uther Moderatour supplie: onlie this,
I certifie the Assemblie—if ye goe not on unanimouslie—if the ane half
be ane way and ane uther half ane uther way, I will neither consent nor
take it as a calling from God to remove.

Then Mr James Bonar, who was chosen Vice-Moderatour, said—I hope it be
the unfeingzied, desyre of all our hearts, whom God hes called together
in this Assemblie, to seik the honour of God and the advancement of the
kingdome of his Sone Jesus Christ in this land; and I hope it is not
onlie the desyre of the Assemblie in generall, but also the mynd and
meaning of these Commissioners from Edinʳ and Sanct Androwes, who now
doe supplicat, and if it can be qualified that the transportation of
Mr Alexʳ Henderson, our Moderatour to Edinʳ, will serve more for the
advancement of the kingdome of Jesus and good of the common earand,
I hope yee from Sᵗ Androwes will applaud; or if the contrare be
qualified, I hope these from Edinburgh will also rest satisfied.

Then the Commissioner from Sᵗ Androwes gave in a great number of
reasons, both in respect of the toune, the paroche, the Presbitrie, and
Universities, why the said Mr Alexʳ should be transported, which were
all answered at large by Mr Andro Ramsay, neidless to insert heir.

The Laird of Erlishall made protestation that he should not be
transported at all from Lewchars, for many reasons.

Lowdoun said—Since we are to prosesse ane end, let the publict head be
so prevalent with us, that no predominant affection cary us away.

Then the Supplications from the toune of Edinʳ, and all their multitude
of reasones, were againe read. Then the Moderatour desyred those who
were appoynted to heare the said Mr Alexʳ his reasons, and to declair
what they had done.

Mr David Dick answered—It pleased our Modʳ to lay furth his reasons
before us, wherefore he should not be transported from Lewchars, and by
them we were made sensible how great a burthen he tooke of any other
motion; alwayes, after in calling upon the name of God, and hearing of
all his reasons at leasure, our resolution ran on this—that the present
necessitie requyred his presence at Edinburgh.

Moderatour said—Ye have heard many considerable reasons on all hands;
therefore now, the question is, whither Mr Alexʳ Hendersone shall be
transported to Edinʳ or Sᵗ Androwes?

Then the rolles were called, and there were 75 moe voits for Edinʳ nor
Sᵗ Androwes. Then Mr Alexʳ being come in, Mr James Bonar declaired to
him that the Assemblie had ordained him to be minister at Edinʳ.

Moderatour said—Becaus I know what a fearfull sin it was for a man
either to obtrude himselfe upon a place or to resist Gods calling to
it, this made me to cast myselfe in the hands of the Assembly: and now
for ane externall calling, I have followed, you voited; and if ye have
had any thing before your eyes in voiting but the glorie of God and
good of the Church, to yourselfe be it said; and I will intreat you to
joyne with me in your desyres to God for a blessing upon my labours
that are weake, there, and withall, I beg of the Assembly that if
weaknes of bodie or mynd shall come on me shortlie, I may have libertie
to reture to some private place: which the Assemblie granted.

A Complaint given in against the Minister of Cambusnethen, and referred
to the Commission of Edinʳ.

Mr John Bellis Supplication anent the transportation of Mr David Dick
to Glasgow, referred to the Commission at Edinʳ.

Mr James Scharpe, minister of Govan, and Mr John Hamilton, minister of
Innerkip, were transported to Paisley, upon the toun of Paisley their
supplication.

Doctor Wᵐ Guild presented a supplication to the Assembly—That, whereas
there was great fisching of salmond neir Aberdene upon the Sabbath,
which occasioned great profanation of that holy day, by peoples
continuall I resorting to see that fisching, even in tyme of divine
service; and likewayes declaired how he had prevailed much, throw the
blessing of God upon his labours, to restrane that abuse, so that
divers worthie religious persones who have speciall interest in that
fisching, had bein moved to draw up a bond and covenant among them
to forbeare that sinfull practice in all tyme comeing; therefore
supplicats that the Assembly may be pleased to make ane Act against the
said profanation, that upon that ground he might proceed against them,
after his returne from the Assembly.

The Assembly, after much disputation of this question too and fro, in
respect they could find no Act of Assembly against salmond fisching
for the present, and not willing to make ane new Act, they appoynted
Doctor Guild, Mr John Robertsone, with some uthers, to thinke upon some
overture for it against the morrow.

The Provest of Glasgow declaired that he had mett with some uther of
the burrowes, and they had condescendit upon the change of Mondayes
mercat to Wednesday, and desyred reference might be made of it to the
Convention of Burrowes.

The Assembly appoynted the Earle of Montrois, my Lord Lowdoun, Burley,
Sir Wᵐ Dundas, Mr John Ker, Mr Robert Blair, Mr Thomas Mitchell, to
thinke upon some overtures to be proponed in Parliament, and the
Commissioners to it, against the morne.

       *       *       *       *       *

Sess. 26. [December 19, 1638.]

After in calling upon the name of God,

The Moderatour said—Ye know, as we must rander ane account to God
for our proceedings, and be comptable to our owne consciences, so
it is meit, for the peace and quyetnes of this Church, that, as God
hes disposed our hearts to carry ourselves reverentlie in all our
proceedings, and be comptable to our owne consciences; so it is meit,
for the peace and quyetnes of this Church, that, as God has disposed
our hearts, to carry ourselves reverentlie in all our proceedings
towards the Kings Majestie, that he be acquainted with our proceedings,
and that some humble supplications be directed by this Assemblie to his
Majestie, that it may please him to approve, by his auctoritie, what
we have concludit. I thinke there be more heir but they will thinke it
very necessar. There is heir drawen up a little tast of the frame of
it; and at more lenth ye may alter and change it at your pleasure.

Moderatour said—Ye know there was a matter of verie great importance
committed to some, concerning these that should be commissioners in
tyme of Parliament.

Lowdoun answered—We, according to the knowledge we had of men, have
made a list of the names of some commissioners and gentlemen. There
is somewhat heir concerning them that shall heirafter subscryve the
Confession of Faith, as ye know some hes come in to this Assemblie,
young noblemen and gentlemen, and offered themselves willing to
subscryve the Covenant, becaus now it was a kynd of nonsense to
subscryve to suspend the practice of novations, till they be tryed and
allowed in a free Assemblie, since now the Assemblie hes determined it;
therefore, it is necessar that two or thrie lynes be prefixed before
their subscription, who heirafter shall subscryve as followes:—

“The Article of the Covenant, which was, at the first subscription,
referred to the determination of the Generall Assembly, being now
determined at Glasgow, Noʳ 21, 1638, and thereby the Five Articles of
Perth, and Governement of the Kirke by Bishops, is now abjured and
removed, the civil places and power of Kirkmen being declared to be
unlawfull, I subscryve according to the determination of this lawfull
Generall Assemblie.”

And becaus the Marqueis [of Hamilton] hes caused print a declaration,
that it was neither his Majesties meaning nor his owne, in urging the
late Covenant, to abjure Episcopacie; therefore he desyred the brethren
to think upon it till the morne.

Lowdoun said—The honourable Counsel, they have made an Act, wherein
they declair in what sense they subscryvit to the doctrine of faith,
religion, and discipline of the Kirk of Scotland—to witt, as it was
professed in anno 1580. This is _major propositie_. This Assembly
hes sett doune clearlie, according to the Acts of the Kirk, how
the doctrine, religion, and discipline was then professed. This is
the _minor_. The conclusion will follow:—That they have subscryvit
according to the determination of the Generall Assembly; for, at that
tyme, it is cleare there was no Bishop. The _major_ is the Counsells
Act; the _minor_ is the Assemblies explanation; and the conclusion any
bodie knowes.

The complaint against Mr Thomas MᶜGill referred to the Commission at
Edinburgh.

My Lord Lowthian presented ane supplication to the Assemblie, anent
the transportation of Mr Androw Cant from Pitsligo to Newbotle, in the
Presbitrie of Dalkeith.

Moderatour said—It would seeme reasonable your Lordship should get a
favourable answer, considering your diligence and zeale in this cause
above many uthers, and I know this not to be a new motion, but to be
concludit by the Patron, Presbitrie, and Paroche.

The Commissioner of Edinʳ alleadged that they had made an election of
him 24 yeares since.

Then the mater was put to voiting—Whither Mr Andro Cant should be
transported from Pitsligo to Edinburgh? And the most pairt of the
Assembly voited to his transplantation to Newbotle; and so the
Moderatour declaired him to be Minister at Newbotle.

The Commissioner of Sᵗ Androwes presented a supplication in name of the
toune of Sᵗ Androwes for transportation of Mr Robert Blair from Air to
Sᵗ Androwes, for the good of their Universitie.

Mr Robert Blair was called on, who answered—I confesse I am in the
hands of this Assembly; but I protest heir, in Gods presence, that I
had rather lay downe my life nor be separat from my flock at Air.

The Assemblie thought meit to referre it to a committie—Mr James
Bonar, Mr James Scharpe, Mr David Dick, Mr Robert Baillie, Mr John
Adamsone, Mr Robert Douglas, Mr Robert Murray, Mr James Bruce, Mr Alexʳ
Hendersone, Mr James Hamilton.

Then Mr Robert Hamilton at Lesmahago compired; and

The Moderatour declaired that he had laboured to delay the discussing
of this proces very lang, of purpose to gaine him from his faults, and
therefore desyrit him now to declair frielie whither or not he would
passe from his declinatour which he had subscryvit? who answered, that
he was not weill advysed as yet. Efter much reasoning to and fro, the
Assembly suspends him presentlie; declaires him worthie of deposition;
ordaines him to compeir before the Presbitrie of Lanerk, and give
them full satisfaction, and then to compeir before the Commission at
Edinʳ: And, in case he have not given the Presbitrie satisfaction,
ordaines them to proceed against him. Because it was impossible for
everie Presbitrie to get a full copie of all the Acts of the Assemblie,
Therefore, the Assemblie ordaines them to get an index of the
principall under the Clerks hand to take home with them.

The Moderatour said—There is a poynt in our Confession of Faith not
yet cleared, and therefore it were well done to declair your judgment
concerning that ye know. There was a reference in the Confession of
Faith to the Generall Assembly. 1, It comends [condemns] the novations
alreadie introduced; 2. Concerning the corruptions of the publict
governement of the Kirk; and the 3 was concerning the civile places
and power of Kirkmen. The two former are already determined. It rests
now ye declair your judgment concerning the third; and for the effect,
it wilt be expedient that ye heare some few thinges red to yow—as,
namely, the Conference at Falkland, 1599, when the Kings Majestie was
first craving to the Ministrie, voit in Parliament, he appoynted a
conference for that effect, for clearing of the mater; and, lykewayes,
that ye heare red to yow, the protestation and reason thereof, given in
to the Parliament 1606, by Commissioners from Provinciall Assemblies
and Presbitries. We deny not but it is requisit that Ministers be
not far from the Parliament, that, if any case of conscience fall in
Parliament, they may give their advyce from the word of God. But the
question is—Whether the Ministers should voit or ryde in Parliament, as
Lords and Nobles? Their pretence, at first, was to vindicat the Kirk
and Kirkmen from contempt and poverty; but we neid not to doubt but our
Lord will see us get honour and respect enough, if we keep ourselves
within the bounds of our calling; and, I am persuadit, there is not
a faithfull Minister but he will have more joy when he comes from
catechising a number of landwart people, nor a Bishop hes when he comes
from ryding in Parliament. And they thought to vindicat themselves from
contempt and povertie; but, it is lyke, now both will come upon them.

Mr Andro Cant said—The Apostle sayeth—Who is sufficient for these
thinges? And yet they will take on two offices, and jumble the civill
and ecclesiasticall function throw uther, which is very incompatible.

Mr Andro Ramsay said—I have spent many sermons and treatises against
it; and, therefore, with my heart, I condemn it.

Mr David Dick said—The first thing that ever brought me in disgust
with the estate, was when I considerit what was the reason that
Christ dischargit his disciples to be rulers of the Gentiles; and the
satisfaction that I got from this, that Christ would not have his
kingdome ane eyesore to the world; so my heart could never be to that
course.

Moderatour said—When it was first instantlie urgit by auctoritie,
there were some of the ministers had the sagacitie as a foirmell, what
could come of it, which made many to protest against; and when, by so
doing, they could not hinder it, to put cautions upon it. But since
these cannons could not keepe them within their bounds, but they with
their voit in Parliament did prejudge the Kirk, whither should not the
Church be red of that which hath wrought her so great prejudice? And
I thinke there is no more hertrogenius from the matter of a ministers
calling, nothing setts him worse, nor nothing more contrarie to his
Masters cariage, nor to be a Lord in Parliament. The question is
twofold. The first is, Whither a minister of Jesus Christ, separat to
the Gospell, should breuke civill place as is usit in a Councell bench
or Session? And the uther is, Whether he should voit in Parliament or
not? In a word, Whither their exercising in civill offices be lawfull
or unlawfull?

The rolles being called, the whole Assembly most unanimouslie, all in
ane voit, with the hesitation of two, allanerlie declaired, that its
both inexpedient and unlawfull in this Kirk, for ministers, separat to
the Gospell, to bruike any civill place or office qwhatsomever.

Moderatour said—We have reason to blesse the Lord for this
harmonie—that we sing all ane song, and are led by ane spirit. I
answer, where mens mynds are put to a poynt in their worldlie ambition
and covetousness, they will, for their aine parte, be content to want
these dignities. Thir must either belong to ministers in respect of
their ministerie, or in respect they are prelats, and so are called
Lords; and if as they are ministers this be unlawfull, as they are
prelats it hes double unlawfulnes.

Moderatour said—There would be some considerations had concerning
Ruleing Elders. It hes pleased God so to dispence with the hearts of
our nobilitie, gentry, and burrowes, that they have by concurrence
helped forward the caus of religion, or, as the Scripture phrase
is, they have helped God; and, therefore, it becomes me, with all
thankfulnes, humblie to acknowledge it; and although we have gone far
on in our ecclesiasticall determinations, we must not thinke the mater
endit yet; but the Kirk of Christ in this land is yet wrestling with
many difficulties. Neither can we thinke ourselves secure in peace
and quyetnes, till civill auctoritie ratifie what is heir done by
ecclesiasticall constitutions. Therefore it were meit that these elders
should still give us their assistance, especiallie in extraordinary
occasions. Only ye have to consider whither or not there may be a
motion made anent the restoiring of them to the integritie of their
places that they had, at the first subscryving of the Confession of
Faith?

Mr Robert Murray said—Truelie, when I consider the case of our Kirk as
it hath beine a long tyme bygone, and the benefite it had by ruleing
elders, I thinke we should be verie glad to agrie to the restoiring of
them againe; for I find, ever since the reformatione, in all sorts of
Assemblies where ruleing elders hath bein, that they have done great
good; and I find that there hath bein many complaints for the want of
them; not, never for the having of them, either in Presbitries and
uther judicatories. For my pairt, if we looke simplie to the good of
the common cause, which we all pretend to doe, we will be glad of their
assistance at all our Assemblies; for it would be a strengthening of
our weake hands.

Lowdoun said—I understand that in all Parliaments where any thing hes
bein done concerning the Kirk, it hath ay bein the first act that the
privilege and libertie of the Kirk be ratified; and now the evills that
troubled Kirk and state, being, by the Confession of Faith in this
Kirk, and by the discipline of it removed, I thinke are, upon you,
but a parte of that which is requyred to be ratified in the generale
article which yee red first. But there is a policie and government sett
doune in this Kirk, not to be controverted in it selfe; and if, becaus
of the long disswetude of it, or suppressing of it, any hath feares
for any thing that may be in it, I think that may be adverted to; but,
for the thing itselfe, it is so conduceable for the strengthening
of the Kirk and her friedome and liberties, that there is no way
compairable to it; for it goes doune at the upmost, and goes doune
from the representative Kirke to Provinciall Assemblies; from them to
Presbyteriall; from prebyteriall to paroches and sessions; and so, what
is done heirby, this Kirk oblisses everie congregation to stand to it,
as a thing that concerns them all; and this it is sworne, because it
is the discipline of the Kirk, and the grounds of it are in the bookes
of policie; and, if it were not for the good of the Kirk, (what can
anything?) doeth it concerne ruleing elders, albeit many hes feares of
a predominant way. It is rather to be feared that we will be slack and
remisse upon the uther extremitie.

Moderatour said—I hope that God, who hes led us hitherto by a spirit
of wonderfull unanimitie, shall so regulat the hearts of everie member
that hes had place in this Assemblie, that all their designes shall
conduce to the weill of the Kirk. It is objected against us, that we
would not be content of 14 bishops, but now we have many hundreths
over-ruleing us. But let us take this for a suggestion of Sathan, and
hold our eye upon the great Bishop of all, through whose blessing this
will be a means to keip his work in unitie and peace.

Mr Andro Ramsay said—I think it no sort expedient to call it in
question, which I am able to cleare against all the world.

Mr Andro Cant said—We have sien such a great blessing of God upon the
constitution of this Assembly, that certainlie we have great caus to
rejoyce; and, next unto the presence of our God, I attribute a great
parte of this harmony to the good disposition of Ruling Elders; and
it is a very uncharitable prejudice to judge amisse of such a divine
institution before we have experience of the evil of it.

Mr Alexʳ Kerse said—There are two termes that are not scriptural termes
as they are used, or rather abused—to witt, the Clergie and [laitie].
The Popishe Kirk appropriates the ane to kirkmen, and in a maner
excludes the people of God as not of the Lords inheritance, and, in a
sort, have put the people of God from their station and place that they
have right unto by the law of God, that they will not suffer them to
_humane consultative_ or decesive voit in any sort.

The rolles being called, the whole Assemblie most unanimouslie
declaired the approbation of that old order of Ruling Elders.

Concerning Mr John Bellis supplication for a helper, the Assemblie
referris it to the consideration of the Commission at Edinburgh.

       *       *       *       *       *

Sess. ultima. [December 20, 1638.]

After in calling upon the name of God,

Doctor Guild said—There is a motion made, as ye all hard the other day,
concerning salmond fisching, and proffanation of the Sabbath thereby,
and it was not thought expedient to make new Acts, but to search for
old ones, and to revive them. In Gods providence, there is heir found
ane Act, in the year 1562, of the Assembly holden at Holyrud-house,
12 Nov. 5 Session, where salmond fisching is expresslie inhibite and
ordained to be punished by the censures of the Kirk; and I requyre
that the Clerk may read it; which accordinglie was done, and the whole
Assembly, in ane voit, renewed the same.

The names of the Commissioners for the Parliament being red, and
the Articles which they behoove to present to it, they were desyrit
to represent them to the Clerk of Register some dayes before the
Parliament.

Moderatour said—There will be some directions from the Assembly
to Ministers what to doe first when they goe home. For this end,
Presbitries must have ane extract of some Acts shortlie; and becaus
there is a declaration of the Confession of Faith to be red, it wer
good it wer intimat in all pulpits, as lykewayes thir things that
are concludit in Assemblie concerning Episcopacie, the 5 Articles of
Perth, the Service Booke, Booke of Cannons, Booke of Ordination, High
Commission, and the Sentence against the Prelats, to intimat, that
people may ken who are excommunicat, and who not.

Then there was red two Acts, which wer put in forme: the ane commanding
the Covenant to be subscryvit be all Masters of Universities,
Colledges, and Schools, and all uthers who have not alreadie subscryvit
the same, with these words prefixed before their subscription; ane
uther Act, discharging all subscription to the Covenant lately urged by
his Majesties Commissioner.

After the calling the rolles, the whole Assemblie most unanimouslie
allowed both these Acts.

Moderatour said—There is a motion made concerning thanksgiving to be
keeped when ye goe home to your particular congregations; and truelie,
considering our evil deservings, and what the Lord hes done to us for
meir favour, we have no lesse nor great reason to acknowledge it, both
publicity in our congregations, and privatelie in our families, and to
delyte in the honour of God, and make frequent commemoration of it at
the first convenient occasion after ye returne to your Presbitries and
paroches; and I trust it shall be acceptable unto God, and give no just
occasion of offence.

The Assemblie allowes this Article, and ordaines Ministers to make
intimation in their pulpits of the conclusion of this Assemblie,
the first Sabbath efter their returne home, and desyre their people
to prepaire themselfes against the next Sabbath thereafter, not for
carnall festivitie, but for a humble thanksgiving.

The Assemblie ordaines the Presbitries to proceid against those who
subscryvit the declinatour, and all uthers who will not acknowledge the
Assembly, with the censures of the Kirk; and becaus there are some of
this sort about Aberdein that their voits will be moe in Presbitries,
the Assembly ordaines them to be called before the Commission at
Aberdein.

Lykewayes the Assembly ordaines the Moderatour and Clerk to give out
summonds upon relevant complaints of parties before the next Generall
Assembly, becaus the tyme could not be weill condiscendit upon. The
rolles were called, and most parte of the Assembly voited that the
third Wednesday of Jullii, the next Generall Assemblie should sitt at
Edinburgh; and if the Kings Majestie be pleased to indict a Generall
Assemblie, either before or efter this tyme, the Assemblie declaires
that it was good reason his Majesties tyme wer waited on.

Then the Commissioners of Sᵗ Androwes presented their supplication for
the tranportation of Mr Robert Blair from Air to Sᵗ Androwes; and,
efter many contestations betwixt the Commissioners of Sᵗ Androwes, my
Lord Lindsey, Provest of Air, and uthers, the mater was put to voiting,
and there was no great difference amongst the voites, except only 4 or
5 moe that voited for Sᵗ Androwes nor for Air: quharefore,

The Moderatour, in name of the Assemblie, ordained him to goe to Sᵗ
Androwes.

Lykewayes, the Commissioner of Aberdein did supplicat for the
transportation of Mr Samuell Rutherfuird from Anweth, in Galloway, to
be Professor of Divinitie in the new Colledge of Aberdene.

Mr Samuell said—My ministrie and the exercise of it is subject in the
Lord to this Honourable Assemblie. But I trust in God this Assemblie
will never take from me my pastorall charge; for there is a woe unto
me if I preach not the Gospell, and I know not who can goe betwixt me
and that woe. If I doe not preach the Gospell, I verilie thinke the
High Commission did not nor could not doe no worse nor that unto me;
and therefore, he desyrit if there were any such thing as that in their
mynds, they would not intertaine such thoughts; for he said he would be
content to suffer prisonment, banishment, &c., but never lay downe his
ministerie.

The Moderatour answered—He was glad that his reasons were so weake; and
after much reasoning to and fro, it was referred to the Commission at
Edinʳ.

The Moderatour asked of the Assembly if there were any other particular
to be remembred, or if any man had any motion to propone, or any
further to say, since this was the last Session, and they were now
this night to ryse and goe home to their churches? The Assemblie
being silent, and all matters considerable being now discussed, the
Moderatour uttered these speaches as followes:—

       *       *       *       *       *

_The Moderatour, his last speach, directed to the Assembly immediatlie
before the dissolution thereof._

I think there be none heir that expects any discourse of me worthie
the taking up the tyme appointed for so great effaires as hes bein
heir, or of such Noble, prudent, learned, and wise eares as heares
me. Only I will say two things concerning my selfe—one is, that the
evill that I would have schunned is come upon me; for I did not
apprehend it, neither can I call it absolutelie an evil, becaus there
are good in it, and, I am sure, God hes done good by it. But this I
say—I would have schunned it, partlie becaus of that bashfulnes which
I fand in my selfe, and partlie becaus of my unwillingnes to make my
weaknes and infirmities knowne to the world; but ye see, contrare to
my disposition and resolution, I have bein chargit to take on this
charge, quhich I have borne thir dayes bygone, and I doe crave pardon
of the God of Heaven and of this honourable Assembly, of the faults
that hes escaped me since I tooke it on, quhich I know are manyfold.

This is ane thing concerning myselfe: the uther concerning myselfe is
this—That I observe the beginnings and closeings of the worke of God
to be very answerable. The beginnings were very weake—by very weake
instruments—and so hes the conclusions beene, by reason of my weaknes,
who have bein imployd in it; and this is, that the Lord may get the
glorie that belongs to him of his own power.

But what shall I say? That I have bein ane Instrument, nay ye
yourselves have bein instruments raised by God. By your pietie,
prudence, and paines, the Lord hes brought this worke to passe; and
I cannot say but all sortes have bein verie diligent and faithfull,
zealous, and stranglie assisted by God in every poynt committed to
them—in trueth to my admiration.

Ye must not rest upon yourselves, but ascend higher, and looke to these
worthie Noblemen who have beine cheefe instruments in this work, and
how it has pleased the Lord to move their hearts, contrare to their
place—being subject to many temptations—and contrare to the age of
some of them, to attend thir effaires quherin is not much worldlie
bewtie or contentment; yea ye know what paines and hazard they have
undergone—yea, what charges—altho’ I will not mention so fecklesse a
mater, for if I should, I would wrong their pious resolution.

Yet ye must not stint your mynds heir; for, if ye doe, ye wrong them
by giving them more nor due, and so doe prejudice to the honour of the
Majesty of our God; and therefore to ascend higher, I pray, from the
meanest instruments that is heir, of Nobles, of Barons, of Ministers,
of Elders—goe forward and consider of the Kings Majesties goodnes
toward us; for ye know this Assembly was indicted be his Majesties
auctoritie, and that his Majesties High Commissioner was heir till it
was fullie constitut; and let us take this as a great favour from the
Kings Majestie and his Commissioner; and let us stirre up our hearts to
pray to God for his Majesties long prosperous reigne over us.

But we must not rest upon the King, but ascend yet higher unto God
himselfe, and give him his owne praise; and surelie the name of our
God is worthie of all praise; for he has raised us out of the deipes
of the earth; he has raised us from the dead, and exalted us very far.
The yondest of our wishes was to have bein at our first reformation;
and now, in his graceous dispensation, their measures are restoired to
us; and, if it be not so, let us blame ourselves; for yee see how the
Lord, in his providence, hes given us the occasioun and opportunitie,
that all things may be done in the hous of God, according to our
former integritie, and which, I trust, I am assured, is according to
the will of God. What shall I intreat yow, honorable, reverend, and
weill-beloved, to doe, but, first, to consider the great and singular
kyndnes—the inestimable favour and love of our Lord Jesus Christ,
towards us all, the children of men, redeemed by his blood—that he
so loved us, from all Eternitie, that he gave himself to so painfull
sufferings, and schamefull sufferings, to purchase the Holy Spirit unto
us? And truelie poore Scotland, but rich in respect of the Gospell, may
say, that the Lord hes loved us; yea there was never such a love heard
tell of as he has borne to us.

Next I would have yow to consider—and I put no question but ye have
considerit it—the goodnes of the Lord our God, and his great bountie
toward us in this great worke, which now, ecclesiasticalie, is brought
to a kynd of conclusion. Remember ye not that our adversaries were
at a verie great height of pride? Remember ye not that they prydit
themselves in auctoritie, and in their prudence and policie; and if
there were any name of learning in the land, they would faine have had
it appearing on their syde to be a terrour to ws, whom they thought
sillie, poore, ignorant saules, besyde them? And how our sun was almost
sett at noone—and we would surelie have died in darknes—except the Lord
had appeared and made his light to shyne?

Next, beloved, I would have yow to consider how small the beginnings
were, yea, both small, weake, and obscure; and so soone as the Lord
toutched the hearts of men of all rankes, from the highest to the
lowest of the countrey, and how sensiblie the Lord wrought with
many a saule, what light filled their mynds, and what heat filled
their hearts! For many old men who wer friezing for cold for want of
devotion, they found yet their hearts glowing with the heat that was
breaking upon them, at the renewing of that Covenant, and we found the
documents of his presence at all our Meetings; for howbeit there were
thousands mett together many tymes, there were nothing but quyetnes
and peace: and surelie our adversaries themselves have contributed to
our conclusions, (thanks be to the Lord that rules all the actiones of
men!) for they have wrought more for our ends nor our owne prudence
hes done. When our courses failed us, their courses promoved our
intentions; and this is the extraordinarie Providence that workes, not
only by meanes, but without meanes, and contrare to meanes—contrare
to their malicious intentions and purposes that are against ws. And
should not we, beloved, remember with thankfulnes the beginnings—these
glorious beginnings of reformation in this land—greater pietie—more
religious exercises—greater sobrietie, chastitie, and care to keep
the bodie from uncleannes—greater care to perform the dewties of
righteousnes—not so much craft, crueltie, oppression, falsehood in the
land, as was before this work began? And, if it be prosequut, it will
appeare to be the worke of God.

But shall we not acknowledge His hand that would have this Assemblie
indicted by auctoritie, and his Majesties Commissioner staying till
it was fullie constitut; and that the Lord should have keiped ws
heir against all sortes of feares quhatsoever; and, being heir, has
keiped us in such a wonderfull unitie, and, I trust, also the light of
veritie? Surelie this should make ws wonder at the goodnes of God; but
especiallie when we consider the comfortable conclusions this Assemblie
hes brought to passe. And now, we are quyte of the Service Booke, which
was a booke of Slaverie and Service indeed; the Booke of Cannons,
which tyed us in spirituall bondage; the Booke of Ordination, which
was a yocke put upon the necks of faithfull Ministers; and the High
Commission, which was a guard to keip us all under that slaverie. All
these evills God hes red us of, and lykewayes of the civill places of
Kirkmen, quhich was the splendour of all these evills; and the Lord hes
led captivitie captive, and made Lords slaves. What should we doe less,
then resolve, first, since the Lord hes granted ws libertie to labour,
to be sensible of it, and take notice of it; for we are like to a man
newlie awaked out of a dreame, or lyke a man that hes lyen lang in the
irons, who, after they are tane off, and he redeemed, he feilles not
his libertie, but thinkes the irons are on him still. So it is with us.
We doe not feill our libertie; therefore it were good for us to studie
to ken the bounds of our liberty wherewith Christ hath sett us free,
and then again to labour earnestlie that we be not more intangled with
the yoke of bondage; for, ye know, in logicks, _a privatione ad habitum
non datur regressus_. [It is] true—in politick places: these that are
great in Court, if once depryved, scarcelie wones to their credit; but
especiallie we know it is true in spirituall things, and yet the Lord,
miraculouslie and extraordinarilie, can give eyes to the blind, give
eares to the deafe, raise the dead; and we find, among ourselves, that
once being, in a manner, depryved, at least run on far in a course of
defection, the Lord hes been pleased to turn to us, and make us turne
to him; but take heid of the second privation—that which depryves
our saules of libertie, and rather endure the greatest extremitie
utherwayes before we be intangled. I grant the Crosse is hard to looke
upon; bot if we get strenth from our Lord, it shall be an easie yoke
and burden. Remember the plague of Laodicea for lukewarmnes, and bewar
of it; for, ye know, the Lord threatens to spew them out of his mouth,
which imports, 1. That he will take delyte in executing judgement upon
us, as a man hes delyte when he empties his oppressed stomack. 2. It
shall have reproach as a man goes with his vomiting to a backsyde. 3.
It imports, that he shall never returne, as a man returnes not to his
vomite. Therefore, 1, let us know our libertie; 2, the esteeme of it
reverentlie; 3, to use it diligentlie.

Then for our thankfulness—I say it becomes us to be thankfull to the
Kings Majestie, under whose peacable protection we have had this
libertie to convine together; and, truelie, I would recommend to yow,
with your permission, two things—the ane is, we would not cease for
any thing is come or can come, or is feared to come, to pray most
ferventlie, and to indure in prayer for our graceous Sovereigne and
King, whom God hes ordained to be our supreme Magistrat, and to pour
out our hearts on his behalfe, that it would please God to blesse him
with all royall blessings. In all our preachings we would be carefull
to recommend his Majestie to the People. We ought, indeed, so to doe;
for it is the Lords will that we doe it; and next unto Christ let him
have the highest place; for howsoever the fifth command be a precept
of the second table, yet it is next unto the first, teaching us, that
next unto our dewtie to God we owe dew reverence to these that are in
places above us: Therefore, when ye heare evills reported, attribute
them not to his Majestie, but to misinformation. Ye that are acquainted
with that storie, Numbers 22, of Balaam and Balack, ye will find that
God spak to Balaam. Balaam minsched it, and what Balaam spak to Balacks
servands they minched it lykewayes; for Balaam said—“The Lord will not
give lieve to goe,” and the servands said, “Balack.” Balaam said—“He
will not come.” So it comes to pas many tymes with true Prophets, that
God will not give us lieve to doe this or that.

But it is said to the King—“This rebellious People will not doe this or
that,” and he cannot understand but what he heares; therefore we should
pray to Him who hes the hearts of Kings into his hand, and the keyes of
all his senses, that he would convey knowledge to his Majesties royall
heart, that he may understand matters aright; and we put no question
but when he understands our proceedings, which hes been with respect to
religion and loyaltie to him, he will think so weill of them, that he
will vouchsafe his approbation and royall ratification to them in his
owne tyme, which God grant.

Then, for these Nobles, Barrons, Burgesses, and others who have
attendit heir, this I may say confidentlie, and from the warrand of the
Word—“These that honour God, God will honour them.” Your Lordships, and
these worthie Gentlemen and Burgesses, who have bein honouring God,
and giving testimony ample of your love to religion this time bygane,
(though I will not excuse your former backslydings,) that, if ye will
goe on, the Lord shall protect you, blesse you, honour you; and your
faith shall be found in the day of the revelation of Jesus Christ, unto
praise, honour, and glorie—that is to say, these that speake evill
of you shall praise you; these that thinkes you foolish now, at that
day shall confesse you were zealous; these that dishonoured you shall
honour you; or, as the word ‘glorie’ imports, that they shall have a
reverend opinion of you; nay, even in this world, your faith, devotion,
and zeale shall be found unto praise, honour, and glorie; and the Lord
shall returne you ane hundreth fold more in this lyfe, and, in the
world to come, lyfe everlasting.

And I must say one word of these Nobles whom Jesus Christ hath
nobilitat indeed, and declaired sensiblie to be worthie of that title
of nobilitie. Ye know they were lyke the tops of the mountaines that
were first discovered in the deludge, which made the little valleyes
hope to be delyvered from it also; and so it came to passe. I remember,
in the eastern countrie, where they worship the sun, a number being
assembled earlie in the morning to that effect, all stryving who shall
sie the sun first, a servand turned his face to the west, and waited
on. The rest thought him a foolish man, and yet he got the first sight
of the sun schyning on the tops of the western mountaines. So, truelie,
he would have bein thought a foolish man that would have looked for
such thinges of our nobilitie; yet the Sun of righteousnesse hes beine
pleased to shyne first upon these mountaines; and long, long may he
shyne upon them, for the comfort of the hilles and refreshing of the
valleyes; and the blessing of God be upon them and their families; and,
we trust, it shall be seene to the generations following.

As for us of the ministry, we have caus to praise the Lord that hes had
such a peacable meetting heir, and that the Lord hes led us on in peace
and trueth; that there hes beine no difference worthie of consideration
amongst us. It is a rare thing to sie such a harmonie; scarce hes the
lyke beene seene in any nationall Assembly.

Last, I must give a word of thanksgiving to this Cittie, wherein we
have had such a comfortable residence, and to the principall Magistrats
of it, who hes heir attendit our meeting, and hes had due cair to
provyde extraordinary commodious seats for us, and we have receaved
very good intertainment in this cittie. The best recompence we can give
to them is, to pray for the blessing of God upon them, and to give them
a tast of our labours by visiting their colledge, and any other thing
that consists in our power, without prejudice to the Kirk of God, that
so the kingdome of Christ may be established among them, and glorie may
dwell in this land.

After which the Moderatour desyred some of the brethren to speak a word
of exhortation.

Mr David Dick said—We know not how shortlie the Lord may call us to
trouble and sufferings for his trueth; for his Majestie hath keeped us
still in suspence all this tyme, and, as he has mingled all our former
steppes with fear, so now he keepes us in the same temper, to the end
our rejoycing might be as it should. But if we will continue to doe as
we have begun, in supplicating our God and our King, and sett our face
toward our Lord, and hold the rule of his Word before our eyes, and
make himselfe our fear and our dread, we neid not to think any thing
els, and acknowledge his sovereigntie over all creatures. This is the
short cutt and perfect rule by which our goings must be ordered; and
if, in this path we meit with harsh troubles, when they are disgeasted
awhile, sweit and solide comfort will be the upshott of them all,
provyding we could wait for patience on our Lord; and becaus, out of
all doubt, the proceedings of the Assembly will be tryed, let us arme
ourselves with the strength of our Lord to defend all our laudable
constitutions, and, withall, bear with pitie the misconstructions of
the world, making use of our liberty, and labouring to walke in a
pure-pointed-out light; wondering at all the passages of our Lords
providence, and admiring the large measure of reformation granted to
this land; rejoycing to see schame and confusion routed on the fall
of Sions adversaries, and sevenfold rendered into their bosome who
slandered our Reformers as not learned and wyse with their zeale:
the contrare quhereof their laudable acts and constitutions makes
manifest. And if this we doe, having now gotten a reformation sett on
foot againe, if we goe on prudentlie, advancing our Lord Jesus, keeping
ourselves from a lordlie denomination; both Ministers and Ruling Elders
knowing their duties; and everie ane seiking the helpe and assistance
of ane uther; that as the hands cannot say to the feete, nor the feete
to the hands, “we have no neid of yow,” so we may all, as members of
ane bodie, studie to advance our Lord and his honour; and, if we will
studie to repent for the wronges God hes gotten in this land, and
studie for a thorough reformation of ourselfes, our people, and our
families; then it shall come to passe, that the blessing of God shall
be upon ourselfes, our callings, and laboures, and our posteritie, and
we shall be hid in the day of the Lords anger.

Then Mr Andro Ramsay, being called on to speake next, said—Among all
the pairts of Gods worship, I acknowledge none more acceptable to God
than thanksgiving; and it becomes us verie weill to be thankfull, if
we regaird, first, the beginning; secondly, the progresse; thirdlie,
the happie conclusion of this great worke. First, if we regaird the
beginning which was (1) wonderfull, (2) unexpected, and (3) powerfull.
First it was wonderfull, in respect that, by a few number of the basest
offscourings in the land, God did begin this worke, that the glorie
might be given to him alone. Secondlie, As it was wonderfull, so it
was unexpected; for scarce ane in all Scotland could have any hope
to see this dayes worke. Thirdlie, It was powerfull; for, before it
begane, religion was dieing, and the breath of it expyreing. But now it
is reviveing; the winter is over and gone; the floures appeare in the
earth; and the tyme of singing of birds is come, and the voice of the
turtle is heard in our land.

Againe, if we will looke to the progresse of this worke, we will see
great matter of thankfulnes; for whatever any intendit for our hurt,
he made it to turne for our good. Third, for the conclusion, 1, If
we respect this frequent meeting we have had; 2, this powerfull and
gracious assistance we have felt; 3, this wonderfull harmonie and
unanimitie that we have had; 4, the happie conclusion that we see now
with our eyes: In all thir respects we have great reason to praise God.

First, for the frequencie of this meeting, there was never such
a meeting at such a worke sein in Christendome. 2, So powerfull
assistance, both of the spirit of our God for which we glorified him,
and of these worthie nobles and uthers heir present, on whom we wish
all earthlie blessings—blessings heir, and eternall happinesse in the
lyfe to come. 3, For our harmonie; there was never such a harmonie;
that, all in ane voit, we have rejected and condemned that Service
Booke—a booke of slaverie and servitude indeed—that superstitious
Booke of Ordination, and that Booke of Canons, which was a bulwarke
and defence for all the rest. 4, For the happie conclusion, we have
great reason to thanke God that these bookes are now condemned. The
5 Articles that rent our Church are now condemned; Episcopacie now
abjured, and all uther matters introductorie to Popperie—the Lord hes
fried us from them; for which I say we have great reason to thank
God. Now let us not sing a requiem to ourselves, nor yet be insolent
in our carriage, but behave ourselves wiselie and prudentlie towards
our superiours; and, though the Bishops be cast out, let us not be
cairelesse of auctoritie, but let our carriage be modest and our speach
seasoned with grace. 3, Let us be vigilant and not secure; for, a great
and good worke such as this is, it was never brought to ane end without
opposition. 4, Let us be courageous in the strenth of our God; and,
lastlie, thankfull to his great name for that wonderfull unanimitie
that hes beine amongst us, and happie conclusion that God hes granted
unto us.

The Moderatour said—Truelie it becomes us not to be insolent; for
the Lord hes bein pleased so to dispose of us as we have not caus to
be wantoun, for if, as we had divine auctoritie to warrand us, so we
had humane, I feir it should be hard for us to keip ourselves within
bounds. But the Lord, knowing our weaknes, keipes us in this temper;
and if we cary ourselfes worthlie of that God hes bestowed upon us, who
knowes but he will graceouslie grant us all our desyres, and turn the
countenance of our King toward this Kirk? There rests ane circumstance
which I should have remembered. I am assured it will be acceptable to
this Assembly, that some of these Noblemen who hes bein ane ornament to
this Assembly should speake ane word before it dissolve, especiallie
my noble Lord Argyle, whom we could have wished, if it had pleased his
Lordship, to have come in sooner: but the Lord hes reserved him for the
fittest tyme, and I trust the Lord shall honour him with all blessings,
both heir and heirefter.

My Lord Argyle said—Since it pleases you, Moderatour, to name my
name, yow give me occasion to thanke yow for putting so favourable a
construction upon my cariage, whereas ye wishe me that I had come in
sooner. Truelie, I tell yow it was not want of affection to the good
of religion and my countrie, and I desyre that favourable construction
of yow still, that my intention was to have done more good wherein I
was not inlaiking before; and, when I saw I could be no more usefull,
except I had bein a knave, I thought good to doe as I have done.
Ane thing I would remember yow of who hath bein purging the Kirk of
evill instruments, that ye would labour to learn a lesson upon their
expenses: _felix quem faciunt aliena pericula cautum._ I remember,
upon ane occasion, I told some of them to their face, that there was
two faults which had brought meikle evill in this Church—to witt,
pride and avarice, which I cannot deny but to be grievous faults in
any man, but especially in Churchmen. But I hope everie man shall
walke by the square and rule which is now before him—keeping duetie
first to superiors; secondly, to equalls; and, thirdlie to inferiours.
For superiours, their needs nothing to be farder said nor hes bein
alreadie by the Moderatour. Only this; let us all labour, since we are
fried of many yockes of bondage, not to abuse our Christian libertie,
which may make our profession to be evil spoken of. Secondlie, for our
duetie to our equals—there is a caus much spoken of in this Church,
betwixt ruleing elders and ministers. Some ministers feares that it be
a corbing of them; but, if any of these elders stryve to make use of
that power for any end but for the good of the Kirk, they may be sure
of their oune judgment. Truelie, it may be, that some ruleing elders in
some places be not so wise as neid wer; but let not that, if it fall
out, breid a distemper in the peace of this Church; but let unitie be
all our rules; and, if anything of this kind fall out in Presbytries
or Parochines, let neighbour Presbytries and Parochines joyne togither
for settling thereof, that no dissension be of this kind, for it may
doe much evill. Thirdlie, for inferiors—I hope ministers will studie
to know their duetie towards their flocke and people; lykewayes, will
have due regaird to these whom God hes sett over them; for we must not
thinke that becaus we want Bishops, therefore we may live as we will.
And, if this we doe, though our gracious Master doe not everie thing at
first as we would wishe, yet tyme may worke many things, if we goe on
constantlie in the defence of our religion and of the auctoritie of our
gracious Soveraigne, whom, we pray, may long and prosperouslie reigne
over us.

After that the Moderatour had given thankes to my Lord Argyle for his
speach, and craved pardon of his Lordship for expressing his name, he
said—As for that which my Lord hes beine wiselie speaking, concerning
our duetie to the Kings Majestie, we have good reason to advert unto
it; for this reason, addit to many—becaus our adversaries gave it out
as a calumnie against us, that his government which we are about,
established by Christ in this Church, cannot stand with monarchicall
government, but Episcopall only; but let us resolve to give a proofe of
the contrare—that the government which Christ hes appoynted, may weill
stand with monarchicall government; and, we trust, that we are not to
be suspected of our loyaltie toward his Majestie; and this certainlie
will make his Majestie perceave that we have done nothing but what
we have done moved by God, and drawen be necessitie to doe. And for
this end let us—to conclude this great worke—beseech Him who hes the
hearts of Kings in his hands, to inclyne our Kings heart, and let us
magnifie, from our hearts, our graceous Lord for this peaceable meeting
and happie conclusion we have had; for the which we are oblissed all
the dayes of our life to be thankfull to our God and King, and to
rander unto the Father, Soune, and blissed Spirit of Grace, all praise,
endless honour, and glorie, for now and ever.—AMEN.[140]

FINIS.




THE GENERAL ASSEMBLY, AT EDINBURGH, 1639.


Before proceeding with a detail of the Acts and discussions of the
Assembly of 1639, it is fitting, in conformity with the general plan of
this work, to state briefly the occurrences which resulted from that
of the preceding year—events, the character of which must, in some
measure, have been anticipated in the perusal of the numerous documents
which we have already concentrated in the foregoing pages.

It is evident, from many indications in the correspondence and
public documents of the period, that, from the first movements of
the Covenanters against the Service Book and Prelacy, both the King
and the Scotch Leaders contemplated the contingency of an appeal to
arms, although both parties disguised, as much as possible, their
mutual anticipations and arrangements. The rupture which ensued
on the Commissioner’s dissolution of the Assembly on the 29th of
November 1638; the continuance of the Assembly in defiance of the
King’s authority, (apart altogether from the nature of its subsequent
proceedings;) and the proclamations by Hamilton, after his retirement
from the Assembly—in which all who continued in it were denounced as
liable to the penalties of treason—amounted, in substance and effect,
to a declaration of war, on the part of Charles, against the great body
of his Scottish subjects, as rebels. Nor, in the circumstances, could
aught else be expected; for, with the Sovereign’s notions of the royal
prerogative, and influenced by the spirit disclosed in all his letters
and instructions to the Commissioner, nothing, save consciousness of
utter want of power, was likely to deter him from enforcing full and
unlimited authority over all his subjects; while, on the other hand,
the bold, numerous, and influential representatives of national feeling
that composed the Glasgow Assembly of 1638, must have been prepared,
from the first hour of its meeting, to raise the standard of revolt in
the field, unless the objects at which they aimed with such intense
enthusiasm, were otherwise attained. In fact, even before the meeting
of that Assembly, both the King and the Covenanters had secretly
prepared for a conflict; and, after its dissolution, and the scornful
rejection of its supplication for a sanction to its Acts, the exertions
of both parties were commensurate to their means and their relative
positions.

The chief Acts of the Assembly of 1638—some of which have been made
subjects of controversy—were, 1st, The election of their Moderator
and Clerk, and their constituting the Court before receiving the
Declinature tendered by the Prelates; 2d, The Acts approving of the
Registers; 3d, The continuing to sit after the Commissioner ordered
it to dissolve; 4th, The Act condemning the spurious Assemblies
from 1606 to 1618, inclusive; 5th, The Act condemning the Service
Book, and other Books forced on the country and Church, by the royal
prerogative, without the sanction of Parliament or of the Church;
6th, The deposition and excommunication of the Prelates and others;
7th, The prohibition, by its own authority, of Episcopacy and the
practice of the Five Articles of Perth, under the pains of censure and
excommunication; 8th, The Act against the Press.

Of these, the first five, and some other relative Acts, reviving former
laws of the Church, appear to be quite unexceptionable, and fully
within the competency of a free General Assembly, according to the
laws of the land, and the consuetudes of the Reformed Church, from the
time of the Reformation; and these were all Acts, legitimately within
the range of spiritual and ecclesiastical jurisdiction. We know not on
what ground it can be contended that it was bound to dissolve itself
on the mandate of the King or his Commissioner. It was confessedly
convened by the royal proclamation; but we know of no authority by
which the executive power was at that time warranted to dissolve a
General Assembly, by its mere _fiat_, after being so assembled, upon an
anticipation that it was about to act _ultra vires_ and illegally.

The 6th, 7th, and 8th classes of Acts to which we have alluded, were
of a different character, and imported an assumption of civil power
and jurisdiction. Had that Assembly, upon the points referred to,
confined itself to an expression of opinion in the first instance,
or taken cognizance only, and in an orderly manner, of the moral and
ministerial delinquencies of the prelates and ministers, there does not
appear to be any good ground for challenging its procedure; and, having
exhausted its proper spiritual jurisdiction, it could then have applied
to the supreme legislature for a ratification of its ecclesiastical
conclusions, and thus avoided the rock on which it split, and, for many
“evil days,” made shipwreck of the genuine and legitimate Presbyterian
Church of Scotland.

It would be disingenuous, as well as absurd, to disguise the fact,
that several of the Acts of the Assembly of 1638 were violations of,
and irreconcilable with, the existing law of the land, and imported
an assumption of authority identical with that of the State. In fact,
that Assembly was a Political Convention, as much, at least, as an
Ecclesiastical Synod—having fully a hundred Members of Parliament
in its composition; and, in many of its enactments and decrees, it
directly rescinded and superseded a great number of Acts of Parliament.
Without entering at all on controversial ground, we may remark, as a
matter of fact and of notoriety, established on the face of the Statute
Book, and by the tenor of the Assembly’s Acts, that that Assembly,
virtually and explicitly, abrogated a series of Acts of Parliament,
by which Prelacy was fully and distinctly settled as the Established
Church of Scotland, for a period of above thirty years preceding, under
which the greater number of the Clergy in that Assembly had received
ordination and benefices, and in which the lay members had acquiesced
without any visible opposition.[141] In addition to the assumption
of civil authority, in practically repealing Acts of Parliament, the
Assembly sustained Complaints against the Prelates and others, at the
instance of miscellaneous and self-constituted public prosecutors—a
practice never recognised as competent in the law of Scotland at
any period.[142] It deposed the Prelates, not solely for erroneous
doctrine or immoralities, which was quite competent to the spiritual
jurisdiction of the Assembly, but chiefly because they held offices
conferred on them under the existing law of the country. It superseded
the uniform and settled law, both of the Church and State, from the
time of the Reformation, on the point of ecclesiastical presentations
to benefices, and transported ministers from place to place,
regardless of the rights of patrons and the wishes of incumbents. It
imposed an absolute veto on the liberty of the press; and, above all,
it issued an edict for coercing the whole people into an adoption of
the Covenant or Confession, and, in obedience to its decrees, under
the terrors of excommunication, (a penalty which, at that time, was
tantamount to outlawry, confiscation of property, and proscription,)
in each and all of these particulars deviating from the spiritual into
the civil track of jurisprudence and legislation. Of this, indeed, that
sagacious and gifted man, Henderson, the Moderator, was fully aware;
for he says explicitly—“Neither can we thinke ourselves secure in peace
and quyetness, _till civill auctoritie ratifie what is heir done by
ecclesiasticall constitution._”

One of the most unaccountable characteristics of the Reformation in
this country, is the intolerance and coercive courses adopted by the
Protestants, from their Popish predecessors, for compelling uniformity
to the new doctrines and worship. This appears to be inconsistent,
and indeed irreconcilable with the great first principle of the
Reformation—the right of private judgment in matters of religion, and
in interpreting the Scriptures according to the conclusions of that
judgment. It was the assertion of this right which shook the Papal
domination; and nothing contributed more largely to the overthrow
of Popery in Scotland, than the civil persecutions which ushered
in the dawn of the Reformation, and which excited the sympathy and
indignation of the people; yet no sooner were our first Reformers
disenthralled from that bloody yoke, than they resorted to similar
methods of compelling assent to their principles, and obedience to the
authority of the Kirk. From 1449, in the reign of James II., “cursing”
or “excommunication” by the Church, both Catholic and Protestant,
for nonconformity or other kindred offences, inferred imprisonment
and forfeiture of property in the recusant; and the unhappy victim
of ecclesiastical censure was doomed to exclusion from society and
all its charities, to destitution, to imprisonment, to exile from his
native country, and even to death. Self-preservation may, perhaps, have
prompted this course at first, when the Reformers were struggling to
secure that religious liberty which was the great object of their zeal;
and “The Booke of the Universall Kirk” affords numberless examples
of the eagerness betrayed for constraining, by civil penalties, all
persons to _profess_ the reformed doctrine, and submit themselves
to ecclesiastical authority. During the space of 140 years after,
the spirit of intolerance continued to govern every party that was
dominant for the time; in the reigns of Mary, James VI., and his son
Charles, and his grandsons Charles II. and James VII. The triumph of
the Covenanters was not more distinguished than any other portion
of the period referred to, for greater relaxation in this respect,
than either the Popish or Episcopal Churches; and, during all the
vicissitudes of their fortune, as already in some measure disclosed,
and to be further illustrated, we cannot find even a trace of any
proposal to give freedom of conscience to others, even when they were
waging war against Popery and Prelacy in the name of religious liberty.
This strikes us as an anomaly in the moral history of our country, of
which we have never seen any satisfactory solution; but the rigorous
enforcement of the Covenant and submission to the Presbyterian Kirk,
and the excommunications, which were directed against the Prelates and
others at the time to which our attention is more immediately directed,
perhaps paved the way, in some degree, as a precedent, for the
interdicts, intercommunings, and diversified persecutions, which have
rendered the reigns of the two last monarchs of the Stuart dynasty,
a byword and a reproach to the land in which these horrors were
perpetrated. It was not till the year 1690 that the civil penalties on
religious nonconformity were blotted from our statute-book, after the
settlement of William and Mary on the throne of Britain.

Greatly as we admire the talents, the courage, and the piety of many
individuals in the Assembly of 1638, we do not deem it necessary to
canonize their errors, or to ascribe a sort of plenary inspiration to
all their proceedings. That in their great objects, they were right,
and that much good resulted from their stern and intrepid course,
we most willingly admit; but (if we may be permitted to express any
opinion of our own) we should say, that the true and only justification
of some Acts, which were _ultra vires_ of a church assembly, is, that
in fact they were partly a political as well as an ecclesiastical body,
_constrained, by the necessity of the case_, to resist and to resent
the assumption of arbitrary power, which by its stretches had virtually
broken up the fabric of society in Scotland, and reduced it nearly
to its primary elements. The Covenanters had but too much reason to
apprehend that their civil as well as their religious liberties were
in the utmost jeopardy; and, therefore, it is by no means surprising
if, in the tumult of emotions by which the nation was at that time
convulsed, they in some points passed beyond the strict line of
demarcation which separates the spiritual from the civil authorities in
peaceful and well-ordered states—_Inter arma silent leges._

Such was the position of the parties—the King and the Kingdom of
Scotland—in the beginning of the year 1639, after the Assembly of 1638
had terminated its labours.

Immediately after the dissolution of the Assembly, the several
Commissions which it had appointed proceeded to “purge out” all
persons who, either by adherence to Prelacy, or for other causes, were
obnoxious to the now ruling power: and Baillie informs us that “many
ministers who remained obstinate in scandals were deposed at Edinʳ,
St Andrews, Dundee, Irvine, and elsewhere.”[143] We learn, however,
from the Acts of 1639 that these depositions were to be relaxed,
(except in the case of gross faults,) upon submission to the new order
of things.[144] The members of the late Assembly, according to its
injunctions, had made known to their several parishes the nature of
its proceedings; but at Aberdeen, where there was a stiff opposition
to its authority, Dr Guild was deterred from doing so; and Lundie,
the Commissioner from King’s College, was summoned before the Senatus
Academicus, and threatened with deprivation for having continued in the
Assembly after it was dissolved by the Commissioner.[145]

But the attention of the Covenanters was called from such matters
to others of more serious importance. Hamilton had, on the 17th of
December preceding, put forth a full proclamation, containing his
reasons for dissolving the Assembly. His health had suffered much
from mental anxiety and the exertions which he had been called on to
make; and it was not until the 28th of that month that he proceeded
on his journey to London.[146] Previously to his final departure from
Scotland, however, the chiefs of the Covenanters waited on him, to
solicit his good offices at Court; but we are told that he replied to
them—“You must not think to use your Kings now as you did formerly,
when they were only Kings of rebels: the King has now _another_ royal
and warlike nation at his command, and you shall soon feel it to your
cost.”[147] Hamilton reached Whitehall on the 5th of January, when he
found the King highly exasperated, and resolved, by force of arms, to
subdue his obstreperous subjects, the Covenanters of Scotland.

The plan of operations designed for carrying this object into effect
was, that an English army of 30,000 horse and foot, under the
immediate command of Charles, should invade Scotland on the eastern
borders—that Carlisle and Berwick should be strongly garrisoned—that
5000 men should be landed in the north, to co-operate with Huntly and
his followers—that the Earl of Antrim should land in Argyleshire—that
Strafford, with such forces as he could withdraw from Ireland, should
enter the Clyde—that another fleet should enter the Forth, and scour
the eastern coast—and thus, by a simultaneous attack on all sides,
distract and overwhelm the Covenanters. And had this well-devised plan
of operations been fully and promptly carried into effect, there can
be but little doubt that it would have been attended with at least
temporary success.

The King, though hampered by increasing discontents among his English
subjects, and weakened by many errors in policy, both foreign and
domestic, roused “the might of England.” He had effected a saving of
£200,000 in his Exchequer; he obtained loans from the Episcopal Clergy
of England, and from the Papists by means of the Queen and the priests;
he had ample stores of arms, and a formidable train of artillery; and
he summoned the English nobility to assemble, with their followers, at
York, on the 1st of April.[148]

Of these designs on the part of the King, the Covenanters did not long
remain ignorant; and, indeed, they had anticipated them so far that
they had previously procured arms and munitions secretly from the
Continent, and had secured the services of Alexander Lesly, and other
veteran soldiers, trained to war in the army of the celebrated Gustavus
Adolphus, King of Sweden. The King’s summons to the English nobility
was promulgated on the 26th of January, and the ground on which it
proceeded was a statement that the Scotch intended to invade England.
Even before this public document appeared, the Covenanters were made
aware of the King’s hostile intentions, from the circumstance of all
Scotchmen at Court being required upon oath to renounce the Assembly,
and to promise assistance when required against the Covenanters. Being
anxious to propitiate the good opinion of the English people, and
thereby to weaken the King’s hands, they had circulated extensively “a
printed sheet or two” of information to the people of England, “for
vindicating their intentions and actions from the unjust calumnies of
their enemies.” It was dated 4th February, and, on the 27th of that
month, Charles issued “A proclamation and declaration to inform the
kingdom of England of the seditious practices of some in Scotland,
seeking to overthrow his regal power under the false pretence of
religion.”[149]

The deputies of the Covenanters, who assembled in Edinburgh about the
middle of February, resolved to make a reply to this proclamation,
which was drawn up by Henderson, and entitled, “The Remonstrance of the
Nobility, Barons, Burgesses, Ministers, and Commons, within the Kingdom
of Scotland, vindicating them and their proceedings from the crimes
wherewith they are charged by the late proclamation in England,” &c.
“These three or four most dainty sheets of paper of Mr Henderson,” says
Baillie, “made such an impression, that we, over all England, began to
be much more pitied than before, and our enraged party, [antagonists,]
the Bishops, to be more detested.” These, and various other tracts by
Henderson, Baillie, and others, on the “lawfulness of our defence in
arms,”[150] and which were distributed extensively through England by
pedlers and otherwise, had a powerful moral influence in that kingdom;
in which, besides, there was a growing discontent, occasioned by the
King’s arbitrary disuse of Parliaments, and other grievances peculiar
to themselves.

“When we had done diligence,” says Baillie, “to inform our neighbours
of England, and make sure the courage of all our friends at home, in
the third place we took course for a real opposition to our enemies.”
On the 7th of March, a full meeting of the deputies and leaders of the
Covenant was held, at which, resolving not to depend on any foreign
auxiliaries, a general committee of the nobles, barons, and burgesses,
and two senators of the College of Justice, being twenty-six in
number, was appointed, (thirteen being a quorum,) to give out orders,
receive intelligence, levy troops, raise money, &c.; and, exercising
all the functions of a supreme, legislative, and executive body, this
“Committee of Estates” issued an edict that every fourth man should
be armed and trained: local committees of war were appointed, and
a complete plan of military organization was established in every
burgh and county in Scotland; and we have Bishop Burnet’s authority
for stating, that “these committees found small resistance, and no
difficulty, of levying men—greater numbers being offered than could
be either armed or maintained.”[151] Thus, the chimera of royal and
indefeasible prerogative was reduced in Scotland to a nonentity; and
the nice metaphysical problem of the lawfulness of resistance by
subjects, was practically solved by the entire Kingdom appearing in
arms, to resist the undefined and unlimited claims of the first Charles
Stuart, to absolute power over all estates in the realm, when about to
be enforced by foreign invasion.

While these transactions were in progress, the Court of Session, it
appears, had remonstrated strongly with their Sovereign against his
belligerent purposes. Their earlier communications on the subject
appear to have been intercepted, probably by the incendiary courtiers;
but, in the month of March, their Lordships sent another remonstrance
to his Majesty by the Lord Justice-Clerk, which we have not observed
in any of the common histories or printed collections, and which we,
therefore, subjoin among the documents hereto appended, being a piece
of evidence entitled to great weight, as emanating from the supreme
civil judicatory of Scotland.[152]

Their Lordships state that, “when your Majestie was pleased to indict a
General Assembly, we, and most parte of all your good subjects of this
kingdome, wer overjoyed, in expectation that the doubts in religious
worship and kirk government, quhilk was tossed to and fro this whyle
bygone, should have then beine cleerlie settled; and altho’ the greater
part of your people be weill pleased with the constitutions therein
concluded, yet your Majesties displeasure against that Assembly, and
the proceedings thereof, and your expresse dislike of those who adheres
to the same, and the fearfull consequences therefra like to ensue,
hes turned all the hopes of comfort which we expected, in sorrowes
and teares.”—“Your Majestie may be pleased to pardon us to avere,
that in this, they are but badd counsellours, and no better patriots,
who will advis your Majestie to adde oyle and fewall to the fire.”
And among their “Instructions,” (advices,) their Lordships inform his
Majesty, “that, if our neighbour nation doe invaid this countrie, it
will assuredlie be taken be all Scotsmen, albeit not affected the
present way, for a national quarrel; and all will strive as one man, to
defend themselves, as for their lives, estates, and liberties of the
countrie.” This salutary advice, however, was slighted by King Charles.

We shall not pause to notice all the deliberations and preparations
on either side which ensued, but hasten on to the main points of our
narrative.

On the 21st of March, Leslie, and other officers, commanding about
1000 men, took Edinburgh Castle—having forced the outer gate—securing
twenty-five field-pieces, and other munitions. The day following,
Rothes, Lowdoun, Home, and Lothian, with a similar force, invested
Dalkeith House, which was surrendered, without resistance, by Traquair,
the keeper: and they seized the Regalia of Scotland, forty-eight
barrels of gunpowder, twenty-four of balls, and six cart-loads of
muskets, which they deposited in Edinburgh Castle. On the 23d of March,
(being a Sunday,) Dumbarton Castle was secured by a stratagem; and,
besides these chief forts, (Stirling was in the hands of Mar, one of
their own party,) Strathaven Castle and Douglas Castle, in Lanarkshire,
and Tantallan Castle, in East Lothian, Dairsy, in Fife,[153] and
Broderick Castle, in Arran were seized; the only enterprise of this
kind which failed, being in the case of Karlaverock Castle, in the
south, which it would have been hazardous to attack, and difficult
to maintain. Dumfries, however, was taken possession of by a body of
Covenanters.

In the north, the Earl of Montrose, with a well-appointed force,
of seven or eight thousand men, (“the most were brave, resolute,
and well-armed gentlemen,”) levied in Angus and Mearns, moved to
Aberdeen, appalled Huntly and his adherents, who fled; and Montrose
took possession of Aberdeen, where he levied contributions, though
very generously. There was a subsequent rallying of the Royalists,
headed by Aboyne, Huntly’s son, and Ogilvy of Banff, who gained some
petty advantages; but they were worsted in a skirmish at Turreff;
and Montrose kept all the north country in awe and subjection—Huntly
being seized and conveyed to Edinburgh Castle, as the only security
his opponents could get for his neutrality. In the Western Highlands,
Argyle was on the alert, with a sufficient force. The enthusiasm was so
high, that nobility, gentry, ladies, and persons of all ranks, joined
in the humblest labours for self-defence. “Leith fortifications went
on speedily—above 1000 hands daily employed; plat up towards the sea,
sundry perfect and strong bastions, well garnished, with a number of
double cannon, that we feared not much any landing of ships on that
quarter. The towns of Fife, all along the shore, made up such sconces
and fosses, and planted such a number of ship-cannon upon batteries,
that they were all in the case of a tolerable defence. Thus, in a
short time, by God’s extraordinary help, we cut the main sinews of our
adversaries hopes; all the strength of our land came in our hands;
no man among us but those who swore they were stout friends. All
otherwise disposed, both Noblemen, Gentlemen, and Ministers, were got
away to our professed enemies, and the whole country put in such an
order and magnanimity, that we found sensibly in every thing, the hand
of God going before us; so all fear of human force was clean banished
away.”[154]

Such were the energetic and successful movements, which, in the course
of a few days, put the Covenanters in possession of all the strongholds
of Scotland, and inspired them with assured confidence. Let us now turn
to the preparations of King Charles for his enterprise against them.

About the middle of March, the King published a declaration of the
reasons for his expedition against Scotland, and soon after issued the
“Large Declaration,” or Manifesto, containing a more minute statement
of the grounds of his projected invasion. The latter of these, as
has been already noticed, was written by Balcanquel, Dean of Durham;
and, although we have had occasion to select public documents from
it, which could not be materially falsified, it is to be regarded
merely as a varnished and partial statement on behalf of the King’s
policy, on which no reliance can be placed, except when his testimony
operates against the cause which he advocated. His Majesty thereafter
took his departure from London, on the 27th of March, and, on the
1st of April, arrived at York, where he remained till the beginning
of May, when he moved on to Newcastle-upon-Tyne. He marched thence
to Berwick-upon-Tweed, in the vicinity of which he arrived about the
beginning of the month, and continued there till the negotiations and
treaty, betwixt him and the Covenanters, put a stop to the impending
hostilities, on the 18th of June following.

The movements of the two armies, however, during that interval, form
too prominent a picture of the times to be passed over without a brief
notice—referring to the Royal Letters, and other documents of the day,
which will be found annexed, as embodying the most authentic accounts,
not merely of what was visible to the common eye, but of what was
passing behind the scenes, in the secret councils of the antagonist
courts and camps.

Charles, with a well-appointed army, which had preceded and accompanied
him from London to York, was there joined by the English nobility;
and, from the splendour of the national chivalry who there joined his
standard, the march, from thence to Berwick; of betwixt 20,000 and
30,000 infantry, cavalry, and artillery, is described as resembling a
military triumph. The English host was under the nominal command of the
Earl of Arundel and Essex, but having its monarch and his standard in
the midst. It finally encamped at the Birks, a few miles above Berwick,
on the southern bank of the Tweed. The long inaction, however, which
ensued—the peculiar nature of the service, in which the sympathies of
the officers, as well as of the common soldiers, were, to a great
extent, with the Scotch—and the unpopularity of Charles’ Government in
England, created by his arbitrary dissolutions and discontinuance of
Parliaments, paralysed the energies of this showy army; and Charles ere
long discovered symptoms that there was peril in relying on a force
the military prowess of which was unnerved by these inherent moral
affections.

During the progress of this prolonged and hesitating advance towards
the boundary which divided the kingdoms, the Marquis of Hamilton,
who had remained in London at the King’s departure, to superintend
the outfit of the naval expedition, had only reached Yarmouth Roads
on the 15th of April, and being there detained by adverse winds, it
was not till the 29th of that month that he reached Holy Island with
his squadron, on board of which there were about 5000 raw levies,
so inefficient that the greater part of them, including even the
non-commissioned officers, did not even know how to fire a musket.
On the 1st of May, he entered the Frith of Forth; and his squadron,
consisting of about twenty vessels, cast anchor in Leith Roads.

The Covenanters were not unprepared for the threatened invasion.
Whenever the fleet appeared in the offing, the beacon fires blazed
along the summits of the mountains, awakening the land to a sense of
its dangers and its duties. From all quarters, the stout peasantry and
burgesses of Scotland followed, with ardour; the Nobles and gentry, and
veteran officers, as their “Crowners” and commanders, to the point of
danger; and, ere Hamilton could refresh his sickly troops, by landing
them on Inchkeith and Inchcolm, or issue the King’s proclamations, the
shores of the Forth, on both sides of his fleet, gleamed with twenty
thousand Scottish spears and broadswords—the well-known symbols of
ancient renown and national victory—and stood, “a wall of fire,” in
defence of their native land, against what every man deemed an invasion
by a foreign foe. Whatever we may now think of the circumstances of
a political nature which led to this unhappy difference betwixt the
King and his Scottish subjects, and however clearly we may trace, as
it appears to us, through the backward vista of two hundred years, the
errors and the failings of our fathers—there is not a true Scotchman,
of these times, or in any future generations, who can look back on the
records of such a scene, without a throb of pride and of patriotism
swelling in his heart, that he is descended of a race who thus gathered
themselves around the altar of their country and their God, in the hour
of peril—in defence of what they deemed the highest and the holiest
privileges of their fathers, of themselves, and of their children.

This splendid demonstration of national spirit and power, seems to
have warned Hamilton that his purposes of attack were effectually
frustrated, even if he was not paralyzed by the feelings inseparable
from a generous nature in such a position. He lingered on in a
fruitless series of negotiations with the leaders of the Covenanters,
(of which the particulars are too minute for recapitulation here)—his
strength frittered away by detaching a portion of his troops, and
by the ravages of disease; and he continued in a state of listless
distraction and impotence for many weeks, neither attempting anything
hostile, nor receiving any aggression from his sagacious antagonists,
until he was recalled by his royal master to headquarters, in the camp
near Berwick.

It will be recollected that, by the proclamations of 9th and 22d
September 1638, the General Assembly was indicted for the 21st of
November that year, and the Scottish Parliament to meet on the 16th
of May following.[155] The time had now arrived for the assembling
of Parliament, to which, in compliance with the proclamation, the
Nobles, Barons, and others liable or entitled to serve in the Supreme
Legislature convened at Edinburgh, while public affairs were in the
attitude of which we have thus given a brief outline—the King’s
Commissioner on board a naval armament in Leith Roads, for the
subjection of Scotland by force, and the nation mustered in arms to
resist him; the Sovereign himself being at the head of a foreign army,
(for, as regarded Scotland then, it was a foreign army,) on the eve
of invading her territories, and issuing proclamations against the
whole nation, as guilty of treason and rebellion. It was under these
extraordinary circumstances that Parliament assembled on the 16th of
June 1639; and it is necessary to advert to the proceedings which the
Estates, thus convoked by royal authority, adopted.

It was surmised by the royalist partisans that the Covenanters would
hold a Parliament according to the indiction, and proceed, without
either the King or a Commissioner being present, and establish some
form of government, more or less anti-monarchical; in this, however,
they were mistaken. When his Majesty sent orders to prorogate the
Parliament, all agreed that it should be prorogued, after being
fenced, to any period his Majesty thought fit; and it was prorogued
accordingly, and by subsequent adjournment, till September following.
Before separating, however, the Members concurred in granting a
very ample commission to General Leslie, as Commander-in-Chief,
and appointed Balmerino Governor of Edinburgh Castle. Meanwhile,
the Covenanting chiefs omitted no opportunity of appealing to the
justice and patriotism of the King, by supplications to himself, and
communications to others whom they thought likely to have influence in
his councils.

We now turn our attention to that quarter where it appeared probable
the main battle would be fought, had not the consciousness of danger in
the battle-field, and a sinister and double policy, induced the King to
listen to the proposals of peace from his subjects; and it is one of
the most honourable traits in the character of the Covenanters, that,
however mistaken they might be in some of their views and actions,
they ever manifested a desire to avoid the calamities of war, and ever
cherished feelings of loyalty to the King, and of submission to his
constitutional authority.

As the plans of the King began to be developed by his own march to
the Eastern Border, and Hamilton’s expedition to the Forth, the
Covenanters concentrated their forces to meet the threatened invasion
at all points. On the 18th of May, peremptory orders were given by
the Committee of War for general and energetic exertions. The forces
which had been organized and disciplined on the Western Borders, under
Monro, advanced from Dumfries through Nithsdale, Annandale, Liddisdale,
and Teviotdale, towards the Merse, and took up cantonments at Kelso;
while the main army (after leaving sufficient force to keep Hamilton in
check) marched toward the royal camp, under the command of Alexander
Leslie as _Generalissimo_, and pitched their tents in an entrenched
camp at Dunglas, on the confines of East Lothian and Berwickshire—each
body being so placed as to interpose an opposing force if the King’s
army should attempt to enter Scotland through Berwick or further up the
Tweed—and so posted that either portion of the army could presently
coalesce with the other at any point of attack by the English. While
the opposing armies were thus situated, the King was busied in issuing
proclamations, one of which was more mild in its tone than those which
preceded it, offering amnesty to all who should relinquish hostilities,
but denouncing all who should not do so, and holding out an insidious
temptation to the tenantry of Scotland that the estates of their
landlords would be forfeited and partitioned among them, but withal
forbidding them to come within ten miles of the royal camp, &c. Early
in June these proclamations were published along the Border—at Dunse
by Arundel, having an armed force along with him, without opposition;
but not so at Kelso. Holland was dispatched, on the 3d of June, with
1000 horse and 3000 foot, to Kelso, professedly for a similar purpose,
but evidently with the view of attacking and dispersing Monro’s corps
of the Covenanters. He “advanced towards them with the horse (leaving
the foot three miles behind) to a place called Maxwel-heugh, a height
above Kelso; which, when the rebels discovered, they instantly marched
out with 150 horse, and (as my Lord Holland sayes) eight or ten
thousand foot—five or six thousand there might have been. He thereupon
sent a trumpet, commanding them to retreat, according to what they
had promised by the proclamation. They asked whose trumpet he was: he
said—my Lord Holland’s. Their answer was—he was best to be gone; and so
my Lord Holland made his retreat, and waited on his Majesty this night,
to give him this account.”[156] We learn, from the same authority,
that this untoward result operated strongly on the royal mind.
“This morning,” says Vane, in his Letter, “advertisement is brought
his Majestie that Lesley, with 12,000 men, is at Cockburnspath—that
5000 will be this night or tomorrow at Dunce—6000 at Kelso; so his
Majestie’s opinion is, with many of his Council, to keep himself upon
a defensive, and make himself here as fast as he can.” He therefore
instructed Hamilton not to act on the offensive, but to leave his fleet
in the Forth in as good a posture as he could, and go in person to the
royal camp.

Baillie gives an account of this same affair, varying but little from
Lord Holland’s. After stating that the Scotch troops willingly stood
at the required distance from the King’s encampment, in order to shew
that they did not meditate any invasion of England, and mentioning the
proclamation at Dunse, he adds:—“The like was intended at Kelso; but
there Monro, Fleming, and Erskine, presenting themselves in battle
array, made Holland, with some thousand foot and horse, with their
show alone, to retire in haste in a shamefull disorder. It is thought
Holland’s commission was to cut off all he met in opposition to him;
but his soldiers that day was a great deal more nimble in their legs
than arms, except their cavilliers, whose right arms were no less weary
in whipping, than their heels in jading their horses. We were informed
that, to repair that disgrace, Holland was commanded to return with far
more forces to execute his former commission; wherupon our Generall
raises his camp from Dunglass, advertises his troops at Kelso to march
towards him. Both of them met together that night at Dunse, and there
they sat down on the head of their fair Law.”[157] He continues—“This
our march did much affray the English camp. Dunse Law was in their
sight within six or seven miles; for they lay in pavilions some two
miles above Berwick, on the other side of the Tweed, in a fair plain
along the river. The King himself, beholding us through a prospect,
conjectured us to be about 16,000 or 18,000 men. We were, indeed,
above twelve; but at once we were above twenty-four. We might have
doubled that number, but we had none there from the one full half of
Scotland—not a man beyond Tay—few from Lothian, Fife, Edinburgh, the
Merse; for they were waiting on the ships or employed in carriages; the
south behoved to observe the border about Carlisle; and the west, the
Irish shore; albeit that was needless.”

Baillie states the English army at that time to have been only about
16,000, “and these not of the stoutest.” “One night,” says he, “a false
alarm being in our camp, when our drums began to beat, and our matches
on the hill to shine through the darkness, there arose such a fray in
the English camp, that very many betook them to their heels, expecting
from us a present invasion; yea, had not our wise and valorous Prince,
with his General Arundel, done diligence to encourage and to find out
the grundless vanity of the fray, there had bein a greater flight than
with honour could have been gotten stayed.”

Although anxious to compress, as much as possible, these illustrative
historical details, we cannot resist gratifying ourselves, and,
we trust, our readers, by giving Baillie’s most graphical, though
quaint, description of the Scottish camp on Dunse Law. It affords a
more lively impression of the character, the manners, and the spirit
of those times, than any modern description could possibly convey;
and as this was, perhaps, the last great national demonstration of
“Scotland’s might and Scotland’s right” which her a___ls afford, we
must be forgiven for recording it in these pages, in connection with
the history of the Presbyterian Church.

“It would have done you good,” says the reverend patriot, “to have
cast your eyes athort our brave and rich hills, as oft as I did, with
greater contentment and joy; for I was there among the rest, being
chosen preacher by the gentlemen of our shire, who came late with
Lord Eglinton. I furnished to half a dozen of good fellows, muskets
and pikes, and to my boy a broad sword. I carried myself, as the
fashion was, a sword, and a couple of Dutch pistols at my saddle; but
I promise, for the offence of no man except a robber in the way; for
it was our part alone to pray and preach for the encouragement of our
countrymen, which I did to my power most chearfully.

“Our hill was garnished on the top, towards the south and east, with
our mounted cannon, well near to the number of forty, great and small.
Our regiment lay on the sides of the hill, almost round about. The
place was not ample in circle; a pretty round, rising in a declivity,
without steepness, to the height of a bow-shot; on the top somewhat
plain; about a quarter of a mile in length, and as much in breadth, as
I remember, capable of tents for 40,000 men. The Crowners lay in canvas
lodges, high and wide; their captains about them in lesser ones; the
soldiers about, all in huts of timber, covered with divot or straw. Our
Crowners for the most part were noblemen; Rothes, Lindsay, Sinclair,
had among them two full regiments at least from Fife; Balcarras a
horse-troop; Loudon, Montgomery, Erskine, Boyd, Fleming, Kircudbright,
Dalhousie, Yester, Eglinton, Cassils, and others, either with a whole
or half regiments. Montrose’s regiment was above 1500 men in the castle
of Edinburgh; himself was expected; but what detained him ye shall hear
at once.

“Argyle was sent for to the treaty of peace; for without him none would
mint to treat. He came, and set up his tent in the hill; but few of his
people with him. It was thought meet that he and his should lie about
Stirling, in the heart of the country, to be always ready in subsidies
for unexpected accidents, to be a terror to our neutralists or but
masked friends; to make all, without din, march forward, lest his
uncanny trewsmen should light on to call them up in their rear; always
to have an eye what either the north, or the shires, or the west, or
our stail host should mister of help. It was thought the country of
England was more afraid of the barbarity of his Highlanders, than of
any other terror. Those of the English that came to visit our camp, did
gaze much with admiration upon these supple fellows, with their plaids,
targes, and dorlachs. There were some companies of them under Captain
Buchanan, and others in Erskine’s regiment; our captains, for the most
part barons or gentlemen of good note; our lieutenants, most of old
soldiers, who had served over sea in good charges. Every company had,
fleeing at the captain’s tent-door, a brave new colour, stamped with
the Scottish arms, and this motto, ‘FOR CHRIST’S CROWN AND COVENANT,’
in golden letters.

“Our General had a brave royal tent; but it was not set up. His
constant guard was some hundreds of our lawyers, musquetiers,
under Durie and Hope’s command, all the good way standing in arms,
with locked matches, before his high gate, well apparelled. He
lay at the foot of the hill, with Baillie his sergeant-major or
lieutenant-general. That place was destined for Almond, in whose wisdom
and valour we had but too much confidence; yet in the time of our most
need, the greatness of his gravel, or the pretence of it, made him go
to France to be cut. Always, when he came there, it was found he needed
no incision, so he passed to his charge in Holland, where to us he was
as dead in all our dangers.

“The councils of war were kept daily in the castle; the ecclesiastick
meetings in Rothes’s large tent. The General, with Baillie, came
nightly for the setting of the watch on their horses. Our soldiers
were all lusty and full of courage; the most of them, stout young
plowmen; great chearfulness in the face of all: the only difficulty
was, to get them dollars or two the man, for that voyage from home,
and the time they entered in pay; for among our yeoman, money at any
time, let be then, uses to be very scarce; but once having entered
on the common pay, their sixpence a-day, they were galliard. None of
our gentlemen were any thing worse of lying some weeks together in
their cloaks and boots on the ground, or standing all night in arms
in the greatest storm. Whiles, through storm of weather, and neglect
of the commissaries, our bread would be too long a-coming, which made
some of the eastland soldiers half-mutiny; but at once, order being
taken for our victuals at Edinburgh, East Lothian, and the country
about us, we were answered better than we could have been at home. Our
meanest soldiers were always served in wheat-bread, and a groat would
have gotten them a lamb-leg, which was a dainty world to the most of
them. There had been an extraordinary crop in that country the former
year, beside abundance that was stolen away to the English camp for
great prices. We would have feared no inlack for little money for
some months to come. Merse and Teviotdale are the best mixt and most
plentiful shires, both for grass and corn, for flesh and bread, in all
our land. We were much obliged to the town of Edinburgh for money. Mr
Harry Pollock, by his sermons, moved them to shake out their purses;
the garners of non-covenanters, especially of James Maxwell and Lord
Winton, gave us plenty of wheat. One of our ordinances was, to seize
on the rents of non-covenanters; for we thought it but reasonable,
since they sided with these who put our lives and our lands for ever
to sale, for the defence of our church and country, to employ for that
cause, wherein their interest was as great as ours if they would be
Scotsmen, a part of their rent for one year; but, for all that, few of
them did incur any loss by that our decree, for the peace prevented the
execution.

“Our soldiers grew in experience of arms, in courage, in favour
daily. Every one encouraged another. The sight of the nobles, and
their beloved pastors, daily raised their hearts. The good sermons
and prayers, morning and evening, under the roof of heaven, to which
their drums did call them for bells; the remonstrances very frequent,
of the goodness of their cause; of their conduct hitherto, by a hand
clearlie divine; also Lesly’s skill, and prudence, and fortune, made
them as resolute for battle as could be wished. We were feared that
emulation among our nobles might have done harm, when they should be
met in the field; but such was the wisdom and authority of that old,
little, crooked soldier, that all, with an incredible submission, from
the beginning to the end, gave over themselves to be guided by him, as
if he had been great Solyman. Certainly the obedience of our noblemen
to that man’s advice was as great as their forebeers wont to be to
their King’s commands: yet that was the man’s understanding of our
Scots humours, that gave out, not only to the nobles, but to very mean
gentlemen, his directions in a very homely and simple form, as if they
had been but the advices of their neighbour and companion: for, as he
rightly observed, a difference would be used in commanding soldiers of
fortune, and of soldiers volunteers, of which kind the most part of
our camp did stand. He kept daily in the castle of Dunse an honourable
table for the nobles and strangers with himself; for gentlemen-waiters
thereafter, at a long side-table. I had the honour, by accident, one
day to be his chaplain at table, on his left hand. The fare was as
became a General in time of war: not so curious by far as Arundel’s to
our nobles; but ye know that the English fare sumptuously, both in war
and peace.”

“It seems our General’s table was on his own charge; for, so far as yet
I know, neither he, nor any noble or gentleman of considerable rent,
got any thing for their charge. Well I know, that Englinton our Crowner
entertained all the gentlemen of note that were with him, at his own
table, all the time of our abode; and his son, Montgomery, kept with
him very oft the chief officers of his regiments: for this was a voyage
wherein we were glad to bestow our lives, let be our estates.

“Had you lent your ear in the morning, or especially at even, and heard
in the tents of some, the sound of singing psalms, some praying, and
some reading scripture, ye would have been refreshed. True, there was
swearing, and cursing, and brawling, in some quarters, whereat we were
grieved; but we hoped, if our camp had been a little settled, to have
gotten some way for these misorders; for all of any fashion did regret,
and all promised to do their best endeavours for helping all abuses.
For myself, I never found my mind in better temper than it was all that
time since I came from home, till my head was again homeward; for I was
as a man who had taken my leave from the world, and was resolved to
die in that service, without return. I found the favour of God shining
upon me, and a sweet, meek, humble, yet strong and vehement spirit
leading me all along; but I was no sooner on my way westward, after the
conclusion of the peace, than my old security returned.

“It was not our General’s intention to sit long at Dunse; only till
our army had grown to a considerable number: he thought meet to lie on
that strength which was in the midst betwixt the two ways to Edinburgh,
that if the English had moved either towards Haddington or Soutra, he
might have been on their backs; for we knew not then well either of the
estate or designs of the enemy: but after we were above 20,000 men, he
gave out not obscurely his purpose to approach the English camp. Their
fear of this, made them cast up some trenches on our side of Tweed, and
work at them both on Sunday and Saturday. They had no will we should
come so near them; therefore occasion was sought with all diligence of
the treaty. The way of the procedure was this: Robin Lesly, one of the
old pages, being come over to Dunse Castle, made, as it were of his own
head, an overture, that we would be pleased yet to supplicate, or else
the English forces did so multiply, that at once we would be overflown
with them. Our fear daily diminished of their violence; we knew at once
the great advantages we had of the King: yet such was our tenderness
to his honour, that with our hearts we were ever willing to supplicate
his offcoming; yea, had we been ten times victorious in set battles, it
was our conclusion to have laid down our army at his feet, and on our
knees presented nought but our first supplications. We had no other end
of our wars; we sought no crowns; we aimed at no lands and honours as
our party; we desired but to keep our own in the service of our Prince,
as our ancestors had done; we loved no new masters. Had our throne been
void, and our voices sought for the filling of Fergus’s chair, we would
have died ere any other had sat down on that fatal marble but Charles
alone.”

While the two armies were in the position thus described by an
eye-witness—the Royal army, on the one hand, weak, wavering, and almost
panic-struck, the Royal coffers nearly exhausted, and the spirit of
the English troops and followers sunk to the most abject state; the
Scotch, on the other hand, outnumbering their adversary, bold, eager
for the fight, and full of high enthusiasm and confidence in superhuman
support, yet with limited means for a protracted campaign, and anxious
to avoid acts of deadly hostility against their native King—overtures
for pacification were made; and in a very short space agreed to. In
consequence of the hints given by Robert Leslie, which the Scotch
leaders interpreted as an indication of his Master’s wishes, the Earl
of Dunfermling was despatched to the Royal camp (on the 7th or 8th of
June) with a short Supplication to his Majesty, and Letters to the
English Council; and this mission terminated on the 18th of June, after
various conferences and negotiations, in a Declaration by the King, and
Articles of Pacification, signed by the Commissioners on both sides,
which, for a season, put an end to the further progress of hostilities.

It would swell these notes beyond the compass that is suitable to
this work, were we to give even a meagre abstract of the substance of
the proposals and objections which formed the subject-matter of these
negotiations; but we deem the whole correspondence, proclamations,
and negociations which took place during the period which intervened
betwixt the Assembly of 1638 and that of 1639, to be of so much
importance to the full understanding of the history of those times,
that, as formerly, we intend to supply our readers with all these
documents themselves. This is the more requisite, as they are nowhere
to be found entire, and without mutilation or the suppression of
many of them, in any single history or, collection relative to those
transactions; and, indeed, a number of the most curious and valuable—as
unveiling the secret history of Charles’ policy and his motives—were
not disclosed to the world for more than thirty years afterwards, when
Burnet, after the restoration of Charles II., published his Memoirs of
the Duke of Hamilton, in which these are embodied. Referring to these
documents, therefore, as containing the only true history of the period
referred to, (that has fallen under our observation,) and leaving every
one to draw his own inferences from these muniments, we shall here
only state the leading features of the Treaty, in so far as that is
necessary to explain the circumstances in which the General Assembly of
1639 convened.

By his Royal Declaration, of date the 18th of June 1639, his Majesty,
referring to the various supplications, &c. of his Scotch subjects,
was “pleased to declare and assure that, according to the Petitioners’
humble desires, all matters ecclesiastical shall be determined by an
Assembly of the Kirk, and matters civil in the Parliament, and other
inferior judicatories established by law; and Assemblies, accordingly,
shall be kept once a year, or as shall be agreed upon at the next
General Assembly.

“And for settling the general distractions of that our antient Kingdom,
our will and pleasure is, that a Frie General Assembly be kept at Edinʳ
the 6ᵗʰ day of August next ensuing, where we intend (God willing) to
be personally present, and for the legal indiction thereof, we have
given orders and command to our Council; and thereafter a Parliament
to be holden at Edinburgh the 20ᵗʰ day of August next ensuing, for
ratifying of what shall be concluded in the said Assembly,” &c.[158]

To this declaration seven articles were annexed, the chief of
which were—the immediate disbanding of the forces of Scotland—the
surrendering to the King all the castles, forts, regalia, &c.—all
fortifications; and meetings not sanctioned by Act of Parliament, to be
desisted from: and, on the other part, his Majesty to withdraw all his
ships, &c. on delivery of the fortresses.

On considering this Declaration and the Articles, the Scotch
Commissioners, (viz., Rothes, Dunfermline, Lowdon, W. Douglas,
Alexander Henderson, and Archibald Johnston,) on the part of the
Covenanters, subscribed the following document, which completed the
pacification:—

“In obedience to his Majestys Royal commands, we shall, upon Thursday
next, the 20 of this June, dismiss our forces, and immediately
thereafter deliver his Majesties Castles; and shall ever, in all
things, carry ourselves like humble, loyal, and obedient subjects.”

And thus, to the great joy and rejoicing of both armies, this
pacification was consummated, without bloodshed; and the several hosts
dispersed themselves and retired to their homes. The Covenanters,
with perfect good faith, surrendered the fortresses, Regalia, and
all that they had seized as sureties for their safety; but they were
too well aware of the craft with which they had to cope, to omit all
needful precautions against the perfidy of their adversaries. It was
his necessity, and not his will, that induced the King really to yield
(though his apologists call it concede) to the Scotch army, the terms
recorded in his Declaration; and, reluctant as we are to think harshly
of that misguided Monarch, or to anticipate the judgment which our
readers may form, on examination of the evidence which we have gleaned,
or to obtrude our own humble reflections on the occurrences which we
record—we cannot stifle an expression of our full conviction, that,
in entering into that treaty of pacification, Charles I. did it with
a settled purpose to violate his faith as a man and a King; and that,
with regard to it and its fulfilment, he was guided by principles
the most jesuitical, dishonourable, and immoral. The documents which
follow, contain the most conclusive proofs of a paltry, pettifogging
dissimulation, such as is scarcely to be paralleled in the whole range
of authentic history.[159]

But we leave this painful topic, and pass on to the incidents more
immediately introductory to the meeting of Assembly.

In reference to this, one of the ticklish points connected with it was,
that, in the negotiations, the King would not recognise the Assembly of
the preceding year as a lawful Assembly, while the Scotch Commissioners
would not relinquish its character of legality; and, therefore, it was
understood, that, without assuming anything on that point, the Assembly
of 1639 should proceed _de novo_ to consider all affairs ecclesiastic.
The policy of the King and his councillors—Hamilton, Traquair, and
certainly Canterbury and the Scotch Prelates—was, if possible, to
prevent a recognition of its lawfulness or its Acts, and to mould
the proceedings of the next Assembly and Parliament so as to defeat
the Presbyterian polity, and pave the way for the resumption of high
regal prerogative, (“the Kingly way,” as Hamilton termed it,) and the
restoration of Episcopacy. It is necessary thus far to anticipate what
will be found more fully developed in the King’s Instructions and other
documents, in order that the reader may be prepared, as he advances, to
perceive the bearing of the proceedings which ensued.

The King, if ever he seriously purposed to attend the Assembly in
person, speedily relinquished the idea; and, indeed, his personal
attendance would have been very inconvenient, considering the crooked
policy by which, at the time, he was guided. He might have felt very
serious embarrassment in managing personally, the refined duplicity of
his schemes; and having, as is fully proved, a purpose of putting his
_veto_ upon anything that might be concluded either in the Assembly or
Parliament, which was not in entire accordance with his own notions,
(and he could not reasonably expect that they should be so,) it was
more expedient to act by a Commissioner—whose acts he might disavow and
repudiate—than to compromise himself by a personal appearance and a
collision with the Scottish Covenanters on their own ground. He wished
Hamilton to be his Commissioner once more; but that nobleman was too
wary, after his former experiences, to attempt it; and Traquair was
selected for this important office. His Lordship waited on the King at
Whitehall in the beginning of August; and, on the 6th, his Commission
was signed, and he set out for Scotland.

Without farther prefatory explanation, therefore, we now proceed
to give the Acts and proceedings of the Assembly which convened at
Edinburgh on the 12th of August 1639, adhering to the same arrangement
as in the former part of this work.




THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY HOLDEN AT EDINBURGH, IN THE YEAR 1639.


Sess. VII. August 17, 1639.

_Master George Grahame his renouncing and abjuring of Episcopacie._

  The which day was given in to the Assembly, direct from Master George
  Grahame, sometimes pretended Bishop of Orknay, an abjuration of
  Episcopacie, subscribed with his hand, which was publickly read in
  audience of the Assembly; and thereafter they ordained the same to be
  registrat in the Assembly Books, _ad perpetuam rei memoriam_, whereof
  the tenor follows.

To all and sundry whom it effeirs, to whose knowledge these presents
shall come, specially to the reverend and honourable Members of the
future Assembly to be holden at Edinburgh, the twelfth day of August
1639 years: Me, Master George Grahame, sometime pretended Bishop of
Orknay, being sorry and grieved at my heart that I should ever, for
any worldly respect, have embraced the order of Episcopacie, the same
having no warrand from the Word of God, and being such an order as
hath had sensibly many fearful and evill consequences in many parts
of Christendome, and particularly within the Kirk of Scotland, as
by doleful and deplorable experience this day is manifest, to have
disclaimed, like as I, by the tenor hereof, doe altogether disclaime
and abjure, all Episcopal power and jurisdiction, with the whole
corruptions thereof, condemned by lawful Assemblies within the said
Kirk of Scotland, in regard the same is such an order as is also
abjured within the said Kirk, by vertue of that National Oath which was
made in the years 1580 and 1581; promising and swearing by the great
Name of the Lord our God, That I shall never, whiles I live, directly
or indirectly, exercise any such power within the Kirk, neither yet
shall I ever approve or allow the same, not so much as in my private or
publike discourse: but, on the contrary, shall stand and adhere to all
the Acts and Constitutions of the late Assembly holden at Glasgow, the
21 of Novemb. 1638 last by-past, and shall concurre, to the uttermost
of my power, sincerely and faithfully, as occasion shall offer, in
executing the said Acts, and in advancing the Work of Reformation
within this land, to the glory of God, the peace of the Countrey,
and the comfort and contentment of all good Christians, as God shall
be my help. In testimony of the which premisses, I have subscribed
thir presents with my hand at Brecknes in Stromness, the eleventh
day of February, the year of God 1639 years, before thir witnesses,
Master Walter Stuart, Minister at Southronnaldsay, Master James Heynd,
Minister at Kirkwall, Master Robert Peirson, Minister at Firth, and
Master Patrick Grahame, Minister at Holme, my Son.


Sess. VIII. 17 Aug. 1639.

_Act containing the Causes and Remedie of the bygone Evils of this
Kirk._

The Kings Majestie having graciously declared, That it is His Royal
will and pleasure, that all questions about Religion, and matters
Ecclesiasticall, be determined by Assemblies of the Kirk; having also,
by publike Proclamation, indicted this free national Assembly, for
settling the present distraction of this Kirk, and for establishing a
perfect peace against such divisions and disorders as have been sore
displeasing to his Majestie, and grievous to all his good Subjects.
And now his Majesties Commissioner, John Earle of Traquair, instructed
and authorized with a full Commission, being present and sitting in
this Assembly, now fully conveened, and orderly constitute in all
the members thereof, according to the order of this Kirk, having, at
large, declared His Majesties zeal to the reformed Religion, and His
Royal care and tender affection to this Kirk, where His Majestie had
both His Birth and Baptisme, His great displeasure at the manifold
distractions and divisions of this Kirk and Kingdome, and His desires
to have all our wounds perfectly cured, with a fair and fatherly hand:
And, although in the way approven by this Kirk, tryal hath been taken
in former Assemblies before from the Kirk registers, to our full
satisfaction, yet the Commissioners Grace, making particular enquiry
from the members of the Assembly, now solemnly conveened, concerning
the real and true causes of so many and great evils as this time past
had so sore troubled the peace of this Kirk and Kingdome, It was
represented to His Majesties Commissioner by this Assembly, That,
beside many other, the maine and most materiall causes were, First,
The pressing of this Kirk, by the Prelates, with a Service Book, or
Book of Common Prayer, without warrand or direction from the Kirk, and
containing, beside the Popish frame thereof, diverse Popish errors
and ceremonies, and the seeds of manifold grosse Superstitions and
Idolatry, with a Book of Canons, without warrand or direction from
the Generall Assembly, establishing tyrannicall power over the Kirk,
in the person of Bishops, and overthrowing the whole discipline and
government of the Kirk by Assemblies, with a Book of Consecration and
Ordination, without warrand of Authoritie, Civill or Ecclesiasticall,
appointing offices in the house of God, which are not warranted by
the word of God, and repugnant to the discipline and Acts of our
Kirk, and with the High Commission, erected without the consent of
the Kirk, subverting the jurisdiction and ordinary judicatories of
this Kirk, and giving to persons meerely Ecclesiasticall, the power
of both swords, and to persons meerly Civill, the power of the Keys
and Kirk censures. A second cause was the Articles of Perth—viz.,
the observation of Festivall dayes, kneeling at the Communion,
Confirmation, Administration of the Sacraments in private places, which
are brought in by a null Assembly, and are contrary to the Confession
of Faith, as it was meant and subscribed Anno 1580 and divers times
since, and to the order and constitutions of this Kirk. Thirdly, the
changing of the government of the Kirk, from the Assemblies of the
Kirk, to the persons of some Kirk-men, usurping prioritie and power
over their Brethren, by the way, and under the name of Episcopall
government against the Confession of Faith, 1580, against the order set
down in the Book of Policy, and against the intention & constitution
of this Kirk from the beginning. Fourthly, the Civill places and power
of Kirkmen, their sitting in Session, Councell, and Exchequer; their
Riding, Sitting, and Voiting in Parliament, and their sitting in the
Bench as Justices of peace, which, according to the constitutions of
this Kirk, are incompatible with their spiritual function, lifting
them up above their Brethren in worldly pompe, and do tend to the
hinderance of the Ministrie. Fiftly, the keeping and authorizing
corrupt Assemblies—at Linlithgow, 1606 and 1608; At Glasgow, 1610; At
Aberdene, 1616; At S. Andrews, 16I7; at Perth, 1618—which are null and
unlawfull, as being called and constitute quite contrary to the order
and constitutions of this Kirk, received and practised ever since the
reformation of Religion, and, withall, labouring to introduce novations
into this Kirk, against the order and religion established. A sixth
cause is, the want of lawfull and free Generall Assemblies, rightly
constitute of Pastors, Doctors, and Elders, yearly or oftner, _pro re
nata_, according to the libertie of this Kirk, expressed in the Book of
Policy, and acknowledged in the Act of Parliament, 1592. After which
the whole Assembly, in one heart and voyce, did declare, that these and
such other, proceeding from the neglect and breach of the Nationall
Covenant of this Kirk and Kingdome, made in Anno 1580, have been,
indeed, the true and maine causes of all our evills and distractions.
And, therefore, ordaine, according to the constitutions of the
Generall Assemblies of this Kirk, and upon the grounds respective
above specified, That the foresaid Service-Book, Books of Canons,
and Ordination, and the high Commission, be still rejected: That the
Articles of Perth be no more practised; That Episcopall Government, and
the Civill places and power of Kirk-men, be holden still as unlawfull
in this Kirk; That the above named pretended Assemblies—At Linlithgow,
1606 and 1608; At Glasgow, 1610; At Aberdene, 1616; At S. Andrews,
1617; At Perth, 1618—be hereafter accompted as null, and of none
effect. And that, for preservation of Religion, and preventing all such
evils in time coming, Generall Assemblies, rightly constitute, as the
proper and competent judge of all matters Ecclesiasticall, hereafter
be kept, yearly and oftner, _pro re nata_, as occasion and necessity
shall require; The necessity of these occasionall Assemblies being
first remonstrate to His Majestie, by humble supplication: As also that
Kirk Sessions, Presbyteries, and Synodall Assemblies, be constitute and
observed, according to the order of this Kirk.

  After the voycing of the Act, (anent the causes of our by-gone
  evils,) His Majesties Commissioner consented, verbally, to the said
  Act, and promised to give into the Clerk in writ, the Declaration
  of His consent, and that he should ratifie this Act in the ensuing
  Parliament.


Sess. XVIII. 26 Aug. 1639.

_Act approving an old Register of the Generall Assembly._

  The whole Assembly, (upon the report made to them anent the old
  Register of the Assembly, gotten from Master John Rig,) all in
  one voice, approved the said Register, and ordained the same to
  make faith in judgement, and outwith in all time coming, as a true
  and authentick Register of the Kirk of Scotland, conforme to the
  testimonie subscribed by the Committee, to be insert in the Books of
  Assembly; whereof the tenor followeth:—

We under subscribers, Forsameikle as the late Generall Assembly,
holden at Glasgow, gave power and Commission to us, To peruse,
examine, and cognosce upon the validitie, faith, and strength of
the Books and Registers of the Assembly, particularly set down in
the Commission given to us thereanent. According whereunto, we did
carefully view, peruse, and consider the saids Registers, and gave our
testimony thereof under our hands, of the validitie and sufficiencie
of the samine, to the said Generall Assembly. And now, having a new
Commission given to us from the Generall Assembly now presently
conveened and sitting at Edinburgh, To peruse, examine, and cognosce
upon the validitie, faith, and strength of another Register of the
Assembly, which was not set down and recommended to us by the said
former Commission, which Register beginneth at the Assembly holden
at Edinburgh the sixth day of March 1572, and endeth at the Assembly
likewise holden at Edinburgh 1573, we have carefully viewed, perused,
and considered the said Register: And being deeply and maturely
advised, as in a matter of greatest weight and consequence, doe attest
before God, and upon our consciences declare to the world and this
present Assembly, That the said Register above exprest, is a famous,
authentick, and good Register, which ought to be so reputed, and have
publik faith in judgement and outwith, as a valid and true Record
in all things, And findis the same to be of the same handwrit, and
subscribed by the same Clerk of the Generall Assembly, as divers of the
said other Registers (formerlie perused by us) are. And, in testimonie
of our solemne affirmation, we have subscribed these presents with our
hands, at Edinburgh, the ________ day of August, 1639.


Act Sess. XIX. Aug. 27, 1639.

_Act approving the deposition of the Ministers by the Committees._

The Assembly, after the receiving of the whole reports from the
Committees, appointed for revising of the processes and sentences, led,
deduced, and pronounced before, and by the severall Commissions granted
by the Assembly at Glasgow, All in one voice approved the saids whole
Processes as orderly proceeded, and the whole sentences pronounced
thereintill, as just and lawfull decrees, without prejudice of any
favour that can be showne to any person or persons, against whom the
said sentences are pronounced upon their supplications, or of Justice
to such as complaine of their processe, and offers to reduce the same
upon whatsoever reason competent, by the Constitutions of this Kirk and
Kingdome, before the Generall Assembly and the Commissioners thereof,
they being appointed for that effect.


Act Sess. XX. 28 Aug. 1639.

_Act anent receiving of deposed Ministers._

The which day, the Generall Assembly, upon the report of the Committees
anent these who are deposed by Synods, Doe make this Generall Act,
recommending to the Synods all these who are deposed before them for
subscribing of the Declinator, and reading of the Service-book, and
for no other grosse cause, That, upon their true repentance, and
submission to the Constitutions of this Kirk, and upon their purgation
and clearnesse from any grosse Faults laid to their charge in any new
processe against them, they may be found by the Synods capable of the
Ministerie, when God grants them an ordinary and lawfull calling by
admission from the Presbyterie, either in the Church they served in
before, or in any other Church.


Act Sess. XXI. 29 August 1639.

_Act anent the keeping of the Lords Day._

  The Generall Assembly recommendeth to the several Presbyteries the
  execution of the old Acts of Assembly against the breach of the
  Sabbath Day, by going of Mylnes, Salt-Pannes, Salmond-fishing, or any
  such like labour; and, to this end, revives and reneues the Act of
  the Assembly holden at Haly-rude-house, 1602, Sess. 5, whereof the
  tenor follows:—

The Assembly considering that the conventions of the People, specially
on the Sabbath Day, are very rare in many places, by distraction of
labour, not onely in harvest and seed-time, but also every Sabbath, by
fishing both of white fish and Salmond-fishing, and in going of Mylnes.
Therefore the Assembly dischargeth and inhibiteth all such labour of
fishing, as well white fish and Salmond-fish, and going of Mylnes of
all sorts upon the Sabbath, under the pain of incurring the censures
of the Kirk: And ordaines the Commissioners of this Assembly to mean
the same to His Majestie, and to desire that a pecuniall paine may be
injoyned upon the contraveeners of this present Act.


Act Sess. XXII. 29 Aug. 1639. â meridie.

_Articles and Overtures approved by the Assemblie._

That some Commissioners be appointed to visit and peruse the whole Acts
of Generall Assemblies, and to mark such Acts as are for the use of
the Kirk in Generall, To extract the same out of the Registers, to the
effect that after they be tryed, they may be printed according to the
old Acts of the Assembly at Edinburgh, March 7, 1574, Sess. 9.

  The Assemblie appoints the Presbyterie of Einburgh to have a care of
  this article, and to report their diligence to the next Assembly.

That course may be taken for restraining of people from passing to
England to marry, which is the occasion of great inconveniences.

  The Assembly alloweth this article, and recommends to the Parliament
  that they would appoint a pecuniall summe to be payed by the
  contraveeners.

That the Acts for furnishing expences to Commissioners, sent by the
Presbyteries to the Generall Assembly, and sent in Commission by
Generall Assemblies, may be explained; And it be declared that all
such Commissioners whatsoever, by their stipends, may be furnished by
the Kirks of the Presbyterie, according to the order set down in the
Act of the last Assembly, since the errand is common, and the benefit
concerneth all; and that order may be taken, how that an expedient
voluntarie course, thought fit by the Assembly, shall, by advise of
Parliament, have the force of a law, for compelling these to pay who
are stented, both for the last and this Assembly, and in time to come.

  The Assembly allowes this article, and referres the same to the
  Parliament.

That the Session-books of every Paroche be presented once a year to the
Presbyteries, that they may be tryed by them.

  The Assembly alloweth this article.

That the Act of the 38 Assembly at Edinburgh October 24, 1578, Sess. 8,
ordaining Ministers who are deposed, to be charged, under the pain of
excommunication, to dimit their places, that they may be unquestionably
vacand, may now be renewed.

The Assembly alloweth this article, and remits the same to the
Parliament.


The Assembly would revive or renew all former Acts of Assembly against
Papists and excommunicate persons, against haunters with them, and
receivers of them.

The Assembly alloweth this article.


That an uniforme Catechisme may be appointed to be used throughout this
whole Kingdome, in the examinations before the Communion.

The Assembly alloweth this article.


That all Ministers or Intrants presented to Kirks, be tryed before
their admission, if they be qualified for the places to which they are
presented, besides the ordinary tryalls of Expectants before their
entrie to the Ministerie.

The Assembly alloweth this Article.

       *       *       *       *       *

Sess. XXIII. 30 Aug. 1639.

_The Supplication of the Generall Assembly to the Kings Majesties
Commissioner, concerning the Book, called “The Large Declaration.”_

Wee, the Members of this present Assembly, for our selves, and in
name of the severall Presbyteries, Burghs, and Universities for which
we are Commissioners, resenting the great dishonour done to God, our
King, this Kirk, and whole Kingdome, by the Book called “A Large
Declaration,” have here represented the same to your Grace, and have
collected some, amongst many, of false, grosse, and absurd passages;
That, from the consideration thereof, your Grace, perceiving the
intolerable evils foresaids contained therein, may be pleased to
represent the same to our gracious Soveraigne, and in our behalfs
humbly to beseech his Majestie, so much wronged by the many foul
and false relations, suggested and perswaded to him as trueths, and
by stealing the protection of His Royall Name and Authoritie to the
patrocine of such a Book: To be pleased first to call in the said Book,
and thereby to shew his dislike thereof: Next, to give Commission
and warrant to cite all such parties as are either knowne or suspect
to have had hand in it, and to appoint such as His Majestie knowes
to be either authors, informers, or any wayes accessarie, being
Natives of this Kingdome, To be sent hither to abide their tryall
and censure before the Judge Ordinary, and in speciall Master Walter
Balcanquell, now Deane of Durhame, who is known and hath professed to
be the author, at least avower and maintainer of a great part thereof;
that by their exemplar punishment, others may be deterred from such
dangerous courses, as in such a way to raise sedition betwixt the King
and His Subjects, Gods honour may be vindicate from so high contempt,
His Majesties justice may appear, not only in cutting away such
Malefactors, but in discouraging all such under-miners of His throne,
His loyall and loving Subjects shall be infinitely contented to be
cleared before the world of so false and unjust imputations, and will
live hereafter in the greater securitie, when so dangerous a course of
sedition is prevented, and so will have the greater and greater cause
to pray for his Majesties long and prosperous Reigne.

His Majesties Commissioner in Councell having received the said
Supplication, promised to impart the same to His Majesty, and to report
his diligence therein.

       *       *       *       *       *

_The Supplication of the Assembly to His Majesties High Commissioner,
and the Lords of Secret Councell._[160]

Wee, the Generall Assembly, considering, with all humble and thankfull
acknowledgement, the manie recent favors bestowed on us by His
Majestie, and that there rested nothing for crowneing his Majesties
incomparable goodnes toward us, bot that all the members of this
Kirk and Kingdom might be joyned in one and the same Confessions of
Faith with God, with the Kings Majestie, and among ourselves: And
conceiveing the main lett and impediment to this so good a worke,
and so muche wished be all, to have beene the Informations made to
his Majestie, of our intentions to shaike off Civill and dutiful
obedience dew to Soverainity, and to diminish the Kings greatnes
and authoritie, and being most willing and desyrous to remove this
and all suche impediments, whiche may hinder and imped so full and
perfyte an Union, and for cleiring of our loyaltie, WEE, in our names,
and in name of all the rest of the Subjects and Congregations whome
wee represent, doe now, in all humilitie, represent to your Grace,
His Majesties Commissioner, and to the Lords of His Majesties most
honourable Privie Counsell, and declare before God and the World, that
we never had, nor have anie thought of with-drawing our selves from
that humble and dutiful subjection and obedience to His Majestie and
to his Government, which, by the descent and under the reign of 107
Kings, is most cheirfullie acknowledgit be us and our predecessors:
And that we never had, nor have any intention or desire to attempt
anie thing that may tend to the dishonour of God, or the diminution of
the Kings greatnes and authoritie; But, on the contrary, acknowledging
our quietnes, stabilitie, and happines to depend upon the safetie of
the Kings Majesties Person, and maintenance of His greatnes and Royal
authority, as Gods Vice-gerent set over us, for maintenance of Religion
and ministration of Justice, We have solemnlie sworn and doe swear, not
onlie our mutual concurrence and assistance for the caus of Religion,
and to the uttermost of our power, with our meanes and lyves, to stand
to the defence of our dread Soveraine, his Person and authoritie, in
the preservation and defence of the said true Religion, Liberties, and
Lawes of this Kirk and Kingdome, bot also in everie thing which may
concerne His Majesties honor, sall, according to the Lawes of this
Kingdome and dutie of good subjects, concurre with our friends and
followers in quiet manner, or in armes, as wee sall be requyred of His
Majestie, His Councell, or anie having his Authority. And, therefore,
being most desyrous to cleir our selves of all imputation of this kynd,
following the laudable example of our predecessors, in anno 1589, doe
most humblie supplicat your Grace, His Majesties miasione, and the
Lords of His Majesties most honourable privie Counsel, to enjoyne
be Act of Counsell, that the Confession and Covenant, which, as a
testimonie of our fidelitie to God, and loyaltie to our King, wee have
subscrived, be subscrived be all His Majesties Subjects, of what ranke
and quality soever.

       *       *       *       *       *

_The Act of the Lords of Councell at Edinburgh. August 30, 1639,
containing the Answer of the preceding Supplication._

The which day, in presence of the Lord Commissioner and the Lords of
Privie Councell, compeired personally John Earle of Rothes; James
Earle of Montrose; John Lord Lowdoun; Sir George Stirling of Keir,
Knight; Sir William Douglas of Cavers, Knight; Sir Henry Wood of
Bonytoun, Knight; John Smyth, Burgesse of Edinburgh; Mr Robert Barclay,
Provest of Irwing; Mr Alexander Henderson, Minister at Edinburgh; and
Mr Archbald Johnstoun, Clerk to the Generall Assembly; and, in the
name of the present sitting Generall Assembly, gave in to the Lord
Commissioner, and Lords of Privie Councell, the Petition above written;
Quhilk being red, heard, and considerit be the said Lord Commissioner
and Lords of Privie Counsell, they have ordainit, and ordains the
samen to be insert and registrat in the books of Privie Counsell,
and, according to the desyre thereof, ordains the said Confession
and Covenant to be subscrived in tyme comeing, be all His Majesties
Subjects of this Kingdome, of what ranke and qualitie soever.

       *       *       *       *       *

_The Kings Majesties Commissioners Declarations._

The which day His Majesties Commissioner and Lords of Councell, after
the receiving of the Supplication of the Generall Assembly, anent the
subscribing of the Covenant, having returned to the Assembly, His
Majesties Commissioner, in name of the Councell, declared: That he had
received the Supplication of the Assembly, desiring that the Covenant
might receive the force of an Act of Councell, to be subscribed by all
his Majesties Subjects, that they had found the desire so fair and
reasonable, that they conceived themselves bound in duety to grant the
same, and thereupon have made an Act of Councell to that effect, and
that there rested now the Act of Assembly; and that he himself was so
fully satisfied, that he came now, as his Majesty’s Commissioner, to
consent fully unto it; and that he was most willing that it should be
enacted here in this Assembly, to oblige all his Majesties Subjects
to subscribe the said Covenant, with the Assemblies explanation. And
because there was a third thing desired, His subscription, as the
Kings Commissioner, unto the Covenant, which he behooved to do, with a
Declaration in writ; and he declared, as a Subject, he should subscribe
the Covenant as strictly as any, with the Assemblies Declaration; but
as His Majesties Commissioner in his name he behoved to prefix to his
subscription the Declaration following, which no Scots Subjects should
subscribe or have the benefit of, no, not himself as Earle of Traquair.
The tenor whereof follows:—

Seeing this Assembly, according to the laudable forme and custome
heretofore kept in the like cases, have, in a humble and dutiful way,
supplicate to us His Majesties Commissioner, and the Lords of His
Majesties most honourable Privie Councell, That the Covenant, with
the explanation of this Assembly, might be subscribed: And to that
effect that all the subjects of this Kingdome, by act of Councell, be
required to doe the same: And that therein, for vindicating themselves
from all suspitions of disloyaltie or derogating from the greatnesse
and authoritie of our dread Soveraigne, have therewith added a Clause,
whereby this Covenant is declared one in substance with that which was
subscribed by His Majesties Father of blessed memory, 1580, 1581, 1590,
and oftner since renewed. Therefore I, as His Majesties Commissioner,
for the full satisfaction of the Subjects, and for settling a
perfect Peace in Church and Kingdome, doe, according to my foresaids
Declaration and Subscription, subjoyned to the Act of this Assembly, of
the date the 17 of this instant, allow and consent that the Covenant
be subscribed throughout all this Kingdome. In witnes whereof I have
subscribed the premisses.

       *       *       *       *       *

_Likeas his Majesties Commissioner, read and gave in the Declaration
following, of his consent to the Act of the Assembly, 17 August, anent
the causes of our by gone evils._

I, John Earle of Traquair, His Majesties Commissioner in this present
Assembly, doe, in His Majesties Name, declare, that, notwithstanding
of His Majesties own inclination, and many other grave and weightie
considerations, yet such is His Majesties incomparable goodnesse, that,
for settling the present distractions, and giving full satisfaction to
the Subject, He doth allow, like as I, His Majesties Commissioner, doe
consent to the foresaid Act, and have subscribed the premisses.

       *       *       *       *       *

_Likeas His Majesties Commissioner read and gave in the Declaration
following:—_

It is alwayes hereby declared by me, His Majesties Commissioner,
That the practise of the premisses, prohibited within this Kirk and
Kingdome, outwith the Kingdome of Scotland, shall never bind nor
inferre censure against the practises outwith the Kingdome; which, when
the Commissioner required to be insert in the Register of the Kirk, and
the Moderator, in name of the Assembly, refused to give warrant for
such practise, as not agreeable with a good conscience, His Grace urged
that it should be recorded, at least that he made such a Declaration,
whatsoever was the Assemblies Judgement in the contrair: And so it is
to be understood to be insert here onely _vocitative_.

       *       *       *       *       *

_Act ordaining the subscription of the Confession of Faith and
Covenant, with the Assemblies Declaration._

The Generall Assembly, considering the great happinesse which may flow
from a full and perfect Union of this Kirk and Kingdome, by joyning of
all in one and the same Covenant with God, with the Kings Majestie,
and amongst our selves, having, by our great Oath, declared the
uprightnesse and loyaltie of our intentions in all our proceedings, and
having withall supplicated His Majesties high Commissioner, and the
Lords of His Majesties honorable Privie Councell, to injoyn, by Act of
Councell, all the Lieges in time coming to subscribe the Confession
of Faith and Covenant, which, as a testimony of our fidelity to God
and loyaltie to our King, we have subscribed: And seeing His Majesties
high Commissioner, and the Lords of His Majesties honorable Privie
Councell, have granted the desire of our Supplication, ordaining,
by civill authority, all His Majesties Lieges, in time comming, to
subscribe the foresaid Covenant, that our Union may be the more full
and perfect, We, by our Act and Constitution Ecclesiasticall, doe
approve the foresaid Covenant in all the Heads and Clauses thereof,
and ordaines of new, under all Ecclesiasticall censure, that all the
Masters of Universities, Colledges, and Schooles, all Schollers at
the passing of their degrees, all persons suspect of Papistry, or any
other errour, and, finally, all the members of this Kirk & Kingdome,
subscribe the same with these words prefixed to their subscription:
“The Article of this Covenant, which was, at the first subscription,
referred to the determination of the Generall Assembly, being
determined, and thereby the five Articles of Perth; the government of
the Kirk by Bishops; the civill places and power of Kirkmen, upon the
reasons and grounds contained in the Acts of the Generall Assembly,
declared to be unlawfull within this Kirk: we subscribe according to
the determination foresaid.” And ordaines the Covenant, with this
Declaration, to be insert, in the Registers of the Assemblies of
this Kirk, Generall, Provinciall, and Presbyteriall, _ad perpetuam
rei memoriam;_ and, in all humility, supplicates His Majesties high
Commissioner, and the honourable Estates of Parliament, by their
authoritie to ratifie and injoyne the same, under all civill paines,
which will tend to the glory of God, preservation of Religion, the
Kings Majesties honour, and perfect peace of this Kirk and Kingdome.

       *       *       *       *       *

Aug. 30. 1639.

_Act anent Appellations._

The Assembly appointed, that, in all time hereafter, no Appellations
should be, leaping over either Presbyterie or Synod, but to ascend
by degrees as from the Kirk Session to the Presbytry, or from the
Presbyterie to the Synod, and from the Synod to the Generall Assembly,
except it be after the Synod be past, and immediatly before the
Generall Assembly, or in the time thereof, and renewes all former Acts
made to this effect.

       *       *       *       *       *

_Act anent advising with Synods and Presbyteries before determination
in Novations._

The Generall Assembly, considering that the intended Reformation
being recovered, may be established, Ordaines, that no Novation which
may disturb the peace of the Church, and make division, be suddenly
proponed and enacted: But so as the motion be first communicate to
the severall Synods, Presbyteries, and Kirks, that the matter may be
approved by all at home, and Commissioners may come well prepared,
unanimously to conclude a solide deliberation upon these points in the
Generall Assembly.

       *       *       *       *       *

_Act anent Ministers Catechising, and Familie Exercises._

The Assembly, considering that the long-waited-for fruits of the
Gospel, so mercifully planted and preserved in this Land, and the
Reformation of our selves and Families, so solemnly vowed to God of
late in our Covenant, cannot take effect, except the knowledge and
worship of God be carried from the Pulpit to every family within
each Parish, hath therefore appointed, that every Minister, besides
his paines on the Lords day, shall have weekly catechising of some
part of the Paroch, and not altogether cast over the examination of
the people till a little before the Communion. Also, that in every
Familie the worship of God be erected, where it is not, both Morning
and Evening, and that the Children and Servants be catechised at home,
by the Masters of the Families, whereof accompt shall be taken by the
Minister, and Elders assisting him in the visitation of every Family:
And, lest they fail, that visitation of the severall Kirks be seriously
followed by every Presbyterie, for this end among others. The execution
and successe whereof, being tryed by the Synods, let it be represented
to the next Generall Assembly.

       *       *       *       *       *

Sess. XXIV. 30. Aug. à meridie.

_The Assemblies Supplication to the Kings Majestie._

MOST GRACIOUS SOVERAIGNE,

Wee, Your Majesties most humble and loyall Subjects, the Commissioners
from all the parts of this your Majesties ancient and native Kingdome,
and members of the Nationall Assembly, conveened at Edinburgh by your
Majesties speciall indiction, and honoured with the presence of Your
Majesties High Commissioner, have been waiting for a day of rejoycing,
and of solemne Thanksgiving to be rendred to God by this whole Kirk and
Kingdome, for giving us a King so just and religious, that it is not
only lawfull for us to be Christians under Your Majesties government,
which sometime hath been the greatest praise of great Princes, but
also that it hath pleased Your gracious Majestie to make known that
it is Your Royall will and pleasure, that all matters Ecclesiasticall
be determined in free Nationall Assemblies, and matters civill in
Parliaments; which is a most noble and ample expression of Your
Majesties justice, and we trust shall be a powerfull meane of our
common happinesse under your Majesties most blessed Raigne. In the
mean while we doe most humbly, upon the knees of our hearts, blesse
your Majestie for that happinesse already begun in the late Assembly
at Edinburgh, in the proceedings whereof, next under God, we have
laboured to approve our selves unto Your Majesties Vice-gerent, as
if Your Majesties eyes had been upon us, which was the desire of our
soules, and would have beene the matter of our full rejoycing, and
doe still continue Your Majesties most humble supplicants for Your
Majesties civill sanction and ratification of the constitutions of the
Assembly in Parliament: That your Majesties Princely power, and the
Ecclesiasticall Authority, joyning in one, the mutual embracements of
religion and justice, of truth and peace, may be seene in this Land,
which shall be to us as a resurrection from the dead, and shall make
us, being not only so farre recovered, but also revived, to fill Heaven
and Earth with our praises, and to pray that King CHARLES may be more
and more blessed, and His throne established before the Lord for ever.

       *       *       *       *       *

The Assembly appoints the next Generall Assembly to sit at Aberdeene
the last Tuesday of July next, 1640 years. And warneth all parties,
Universities, and Burrows, to send their Commissioners, for keeping the
samine. And thereafter the Assembly was concluded by giving of thanks
by the Moderator, and singing of a Psalme, according to the custome.

FINIS.




INDEX _of the_ PRINCIPALL ACTS _of the_ ASSEMBLY _at_
EDINBURGH, 1639. Not printed.[161]


1.—The Kings Majesties Commission to John Earle of Traquair.

2.—Election of Master David Dickson, Moderator.

3.—The Kings Majesties Commissioners and the Assemblies Declarations
anent the Assembly of Glasgow.

4.—Renunciation of Master Alexander Lindsay, pretended Bishop of
Dunkell, of Episcopacie.

5.—Commission for Visitation of the Universitie of S. Andrews.

6.—Commission for Visitation of the Universitie of Glasgow.

7.—Act reviving former Acts against going of Salt Pannes on the Sabbath
day.

8.—Act for drawing up of a Catechisme.

9.—Articles and Overtures to be presented to the ensuing Parliament.

10.—The Report of the Committee appointed for Examination of the Booke
called “The Kings Manifesto or Declaration.”

11.—The Covenant, or Confession of Faith.

12.—Act anent the Adjoyning of some Kirks in the Ile of Boot to the
Presbyterie of Denune.

13.—Act Adjoyning some Kirks in the Iles of Coill and Tyrie to the
Provinciall of Kilmoire.

14.—Commission for Visitation of the Colledge of Aberdeene.

15.—Commission to the Presbyterie of Edinburgh.

       *       *       *       *       *




=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1639.

1639.—January 18-29.


1. _Missive anent the King’s coming to York to the Privy Council of
Scotland._[162]

  Apud Edinburgh, 29 Januarii 1639—Sederunt,
  Thesaurer,
  Mar,
  Murray,
  Argyle,
  Wintoun,
  Elphinston,
  Naper,
  Clerk Regʳ,
  Aduocat,
  Treʳ Deput,
  Justice Gʳᵃˡˡ,
  Justice Clerk.

The whilk day the Missive Letter under written, signed be the Kings
Majestie, and direct to the Lords of Privie Councill, was presentit to
the saids Lords and read in their audience, of the whilk the tennor
followes:—

CHARLES R.—Right trusty and right weill belovit cousine and counsellor,
&c., We griet yow weill. Whereas we intend to repare, in person, to
York, about Easter next, that we may be the more neare to that our
kingdome, for accommodating our affaires there in a faire maner, which
course we allwayes affected, as we still doe: These are to advertyse
yow of this our resolution, being confident that, in the meane tyme,
yow will not be wanting in that which serves the good of our service;
and as we shall acquaint yow frome tyme to time with our further
proceedings; so, if anie thing occurre wherein yow would advise us,
lett us lykewayes be acquainted therewith, becaus we will speciallie
rely upon your judgement: And so we bid yow farewell, frome our Court
at Whitehall, the 18 of Januarie 1639. Sti. Sco.

Quhilk missive being heard and considert be the saids Lords, they
ordainit the same to be insert and registrat in the booke of Privie
Counsell.

       *       *       *       *       *

1639.—January 26.

2. _Letter from the King to the Nobility of England._[163]


CHARLES REX,

Right Trusty and Right Welbeloved Cousin, We greet you well. The late
Disorders in Our Realm of Scotland, began upon pretence of Religion,
but now appearing to have been raised by Factious spirits, and fomented
by some few ill and traiterously affected particular Persons, whose aim
hath been, by troubling the Peace of that our Kingdom, to work their
own private ends, and indeed to shake off all Monarchicall Government,
though We have often assured them, that We resolved to maintain
constantly the Religion established by the Laws of that Kingdom, is
now growen to that height and dangerous consequence, that under those
sinister pretences, they have so far seduced many of our People there,
as great and considerable Forces are raised and assembled in such sort,
as we have reason to take into consideration the Defence and Safety of
this Realm of England; and therefore upon due and mature consultation
with the Lords of our Council, We have resolved to repair in our Roial
Person to the Northern parts of this our Realm, there (by the help
of Almighty God, and the assistance of our good Subjects) to make
resistance against any invasion that may happen.

And to the end that this Expedition may be as effectual as we design,
to the Glory of God, the Honour and safety of Us, and of this our said
Kingdom of England, We have directed that a considerable Army both of
Horse and Foot, should be forthwith levied out of all the Shires to
attend Us in this Action, wherein we nothing doubt, but the Affection,
Fidelity, and Courage of our People shall well appear.

In the mean time, we have thought fit, hereby to give you notice of
this our Resolution, and of the state of our Affairs, and withall
hereby to require You to attend Our Royal Person and Standard at Our
City of York, by the first day of April next ensuing, in such Equipage,
and such Forces of Horse, as your Birth, Honour, and your Interest in
the publick Safety do oblige you unto, And as we do and have reason
to expect from you. And this our Letter shall be as sufficient and as
effectual a Warrant and Discharge unto you for the putting of your
selfe, and such as shall attend you, into Arms, and Order as aforesaid,
as if you were authorised thereunto by our Great Seal of England. And
we do require you to certifie Us under your hand within fifteen days
next after the receit hereof, what Assistance we shall expect from you
herein, and to direct the same to one of our Principal Secretaries of
State. Given under our Signet at our Palace of Westminster the 26th day
of January in the fourteenth Year of our Raign.

_Exam._ P. WARWICK.

       *       *       *       *       *

1639.—February 15.

3. _The King’s Letter to the Nobility._[164]

[This letter, though of a later date than the one which preceded it,
is precisely of the same tenor, in all respects, and seems, therefore,
to have been sent as a proof of the Kings settled purpose In regard to
the expedition. It is, therefore, omitted as superflous.]

       *       *       *       *       *

1639.—February 20.

4. _Extract from the King’s Proclamation._[165]

This proclamation sets forth “How traiterously some of the Scottish
Nation had practiced to pervert his Loyal Subjects of this Realm, by
scattering abroad their Libellous and Seditious Pamphlets, mingling
themselves at their publick meetings, and reproaching both his Person
and Government; That he had never any intention to alter their Religion
or Laws, but had condescended unto more for defence thereof than they
had reason to expect; That they had rejected the Band and Covenant
which themselves had prest upon the people, because it was commended to
them by his Authority; and having made a Covenant against God and him,
and made such Hostile preparations, as if he were their sworn Enemy,
and not their King; That many of them were men of broken Fortunes, who
because they could not well be worse, hoped by engaging in this War
to make themselves better; That they had assumed unto themselves the
power of the Press, one of the chief markes of the Regal Authority,
prohibiting to Print what he commanded, and commanding to Print what he
prohibited, and dismissing the Printer whom he had established in that
Kingdom; That they had raised Arms, blockt up and besieged his Castles,
laid Impositions and Taxes upon his people, threatned such as continued
under Loyalty, with force and violence; That they had contemned the
Authority of the Council-Table, and set up Tables of their own, from
which they send their Edicts throughout all parts of the Kingdom,
contrary to the Laws therein established, pretending in the mean time
that the Laws were violated by himself; That the question was not
now, whether the Service-Book should be received or not, or whether
Episcopacy should continue or not, but whether he were King or not?
That many of them had denied the Oaths of Supremacy and Allegiance (for
which some of them had been committed) as inconsistent and incomptable
with their holy Covenant; That being brought under a necessity of
taking Arms, he had been traduced in some of their writings for
committing the Arms he had then raised, into the hands of professed
Papists, a thing not only dishonourable to himself, and the said noble
persons, but false and odious in it self; That some of power in the
Hierarchy had been defamed for being the cause of his taking Arms to
invade that Kingdom, who on the contrary had been only Councellors
of peace, and the chief perswaders (as much as in them lay) of the
undeserved moderation wherewith he had hitherto proceeded toward so
great Offenders; That he had no intent by commending the Service-Book
unto them to innovate any thing at all in their Religion, but only to
create a conformity between the Churches of both Kingdoms, and not to
infringe any of their Liberties which were according to the Laws; That
therefore he required all his loving Subjects not to receive any more
of the said seditious Pamphlets, but to deliver such of them as they
had received, into the hands of the next Justice of the Peace, by him
to be sent to one of his Majesties principal Secretaries; And finally,
That this his Proclamation and Declaration be read in time of Divine
Service in every Church within the Kingdom, that all his People to the
meanest, might see the notorious carriages of these men, and likewise
the Justice and Mercy of all his proceedings.”

       *       *       *       *       *

1639.—March 1.

5. _Answer to his Majesties Missive anent his comming to Yorke._[166]

  Apud Edinburgh, Primo Martii,  1639.—Sederunt,
  Theasaurer,
  Argile,
  Mar,
  Murray,
  Wigton,
  Kingorne,
  Lauderdaill,
  Southesk,
  Angus,
  Elphinston,
  Naper,
  Amant,
  Clerk Regʳ,
  Aduocat,
  Justice Genˡˡ,
  Trᵉʳ Deput,
  Justice-Clerk,
  Blackhall.

The whilk day, the Lords of Secreit Counsell ordained ane Missive to be
written to His Majestie, conteaning ane answer to his Majesties Missive
formerlie sent unto thame, and insert in the Bookes of Privy Counsell,
anent his Majesties comming to Yorke, quhilk wes accordinglie, done of
the date and tennor folowing:—

MOST SACRED SOVERANE,

By your Majesties Letter, the 18 of Januar, your Majestie wes
graciouslie pleased, not onlie to lett us know your Majesties
resolution to come to Yorke to be so much nearer this kingdome for
accommodating your Majesties affaires heere in a faire manner, which
course your Majestie graciouslie expresseth, you still affect, but also
requires us, that if there be anie thing wherein we would advyse your
Majestie, that we sould acquaint your Majestie therewith. Wherefore,
least we sould be wanting in that dewtie which your Majestie may
justlie expect frome us as humble and faithfull Counsellors, or
seeme unworthie of the place and rowme whiche, by your Majesties
speciall favour, we injoy in the kingdome, We cannot but acquaint
your Majestie with ane Supplication given in to us by ane great many
Noblemen, Barrons, Burgesses, and others of this Kingdome, which, for
your Majesties better information, we presume to send yow herewith.
And, withall, we cannot but let your Majestie know that, for farther
cleiring thair innocencie thairof, they have offered publicklie,
at Counsell table, by thair oaths and subscriptions, to justifie
thameselves and thair intentions heerin. And least upon this, or some
suche informations, your Majestie might be the more easilie moved to
thinke upon harder courses then your Majestie heirtofore hath beene
pleased to keepe with this your antient and native kingdome and
subjects therein, we deame ourselves bound in dewtie, and in obedience
to your Royall commandments, to represent to your Majesties wise and
grave consideration this thair Petition. And, seing the peace of your
Majesties Government, wherein consisteth our earthlie happenes, and
wealfare of the kingdome dependeth upon your Majesties resolutions, and
the course yow sall be graceouslie pleased to keepe in the prosecution
of thir maters now in hand, We humblie supplicat your Majestie, in your
accustomed fatherlie care of the good and preservation of this your
antient kingdome, and of your faithfull subjects therein, to resolve
upon sume suche course as, without force of armes or showing of your
princelie power, deplorable estate of this kingdome may be settled,
whereby your Majestie may receave contentment, and we, your humble and
faithfull subjects, may injoy the wounted blinkes of your Majesties
favour in ane happie and peaceable Government. And so, with our humble
and heartie prayer to God to direct your Majestie in this great and
important busines after suche maner as sall be most agreable to your
Majesties honour and the peace of the kingdome, we rest, &c. Edinburgh,
Primo Martii, 1639.

_Sic Subscribitur._

TRAQUAIRE,

Argile, Mar, Murray, Wigton, Kinghorne, Lauderdaill, Southesk, Angus,
Elphinston, Naper, Amont, J. Hay, Sʳ Thomas Hop, W. E. Johnston, Ja.
Carmichaell, Hamilton, Blackhall.

       *       *       *       *       *

1639.—March 15-22.

6. _Another Missive anent his Majesties comming to Yorke._[167]

  Apud Halyrudhous, 22 Martii 1639.—Sederunt,
  Thesaurer,
  Justice Genᵃˡˡ,
  Treʳ Deput,
  Mar,
  Aduocat,
  Justice Clerk.
  Dumfreis,

The whilk day, the Missive Letter underwritten, signed be the Kings
Majestie, and direct to the Lords of Privie Counsell, wes presented to
the saids Lords, and read in thair audience, of the whilk the tennor
followes:—

CHARLES R.—Right trusty, &c., We greit you well. We have perceaved by
your Letter, wherein yow make mention of that which we expressed in a
letter formerlie, of our repairing to Yorke, to be the more neere to
that kingdome for accommodating our affaires there in a faire maner;
and withall yow expresse your desire how the deplorable estate of that
kingdome might be settled without force of armes, or showing of our
princelie power. We have shewne our care hitherto by our actions for
that effect: nather ar we yitt averse frome continuing in that course.
But if, in the meane tyme, anie of our good subjects sall suffer for
thair affection to our service, in obedience to our commands, we will
be verie sensible thereof, and have a speciall care to see thame fullie
repaired. And so, expecting that yow of our Counsell, as yow are
honoured by us to be first in place, will stryve to goe before others
by your good example in advancing of our service, we bid yow heartilie
farewell, from our Court at Whitehall, the 15 of Marche 1639.

Quhilk Missive being heard and considerit be the saids Lords, they
ordaine the same to be insert and registrat in the bookes of Privie
Counsell.

       *       *       *       *       *

1639.—March.

7. _A Letter by the Lords of the Session to the Kings Majestie, sent
with my Lord Justice Clerk, in March 1639._[168]

  MOST SACRED SOVERAIGNE,
The danger of the tymes wherein we live threatening dreadfull
desolation of this our ancient and native kingdome, and the conscience
of our humble duetie which we owe to your Majestie, our dear and
dread Soveraigne, and to this realme, whereof we are feeling members,
honoured be your Majestie to be Counsellours and Judges therein, hes
constrained us in this case, so important and pressing, to bemoane to
your sacred selfe, the present calamitie and apparent insueing of more.
God, who hes established in your sacred persone the just and lawfull
right of regall inheritance, hes also filled your Majestie with all
other induements necessar to the Royall calling; your Majestie, under
God, may sollie allay the terrours of the menassing stormes; and
without the sunschine of your graceous and calme countenance, this
land, and the inhabitants thereof, must become quicklie miserable.
The causes are better knowen to your Majestie then that they neid
relation. When your Majestie was pleased to indict a Generall Assembly,
we and most parte of all your good subjects of this Kingdome, wer
overjoyed in expectation that the doubts in religious worship and Kirk
Government, whilk was tossed to and fro this whyle bygone, should have
then beine cleirlie setled; and although the greater part of your
people be weill pleased with the constitutions therein concluded, yet
your Majesties displeasure against that Assembly, and the proceedings
thereof, and your expresse dislyke of these who adheres to the same,
and the fearfull consequences therefra like to ensue, hes turned all
the hopes of comfort which we expected, in sorrowes and teares. When
Princes stand in doubt of their people, and their subjects stand
in doubt of their Prince, if not tymelie remeaded, prove difficill
remeadable. To goe on at ance with deliberation, your Majestie may
be pleased to pardon us to averre, that in this they are but badd
Counsellours, and no better patriots, who will advise your Majestie
to add oyle and fewall to the fire. Violence and armes are pleased
amongst desperat remeadies, proving oftner worse then the disease. To
speake trueth ingenuouslie becomes all men, and us mainlie more then
uthers, speaking to our King, and in a matter importing no lesse nor
the universall fall or standing of this nation, and apprehended by most
parte of the leidges to reflect on religione and conscience, which
seldome are forced with successe. Who does insinuat to your Majestie
that the opposers to the proceedings of Glasgow doe surpasse in number,
and in uther considerable respects, such as adheres to the same, we
veritablie avow, in our alledgance, that they vent unwarrantable
suggestions, which may provock the Princes wrath against his people,
and does foment meanes for the overthrow of the peace of this Kirk
and Kingdome. It is over britle a foundation whereupon to gadge the
honour and safetie of your sacred persone, and to build conclusions
of warre; and we should not hold ourselves for loyall subjects, if we
should not say these informations wer contrare to trueth. Yet your
Majestie is knowne to the world to be ane Prince prudent and moderat,
who will not be drawen from that laudable forme of raigning which was
ever familiar to your Majesties selfe, and to your royall Father of
blessed memorie, who worthilie gloried in the title of ane pacifick
King; for the throne of Kings (says that wise King) is established by
Justice and righteousnes; and therefore we must, on the knies of our
hearts, supplicat your sacred Majestie, in the bowels and mercies of
our blessed Saveour, to be pleased to forbeare all purpose of warre,
and so to prevent the evills of dispaire and necessitie; and for that
effect, that your Majestie may be pleased to close your ears against
all contrarie enducements. Your Majestie is Vicegerent to Almichtie
God, whose mercies and compassions, although immutable, are proponed
as characters of imitation to Princes, so far as mortall man may joy
therein, and resemble the immortall God.

These our grave and submisse supplications, we begg, in all humilitie,
that your Majestie may be pleased graceouslie [to receive], which we
have sent to your Majestie by this bearer the Justice-Clerk, who is
ane of our number, to whom we have committed our Instructions with
trust: And we shall never cease to offer up our fervent prayers to Him
by quhom Kings reigne, for preservation of your sacred persone, and the
continowing felicitie of your long and happie reigning over us, and
thereafter of your royall posteritie, so long as the world shall endure.


The Instructions are—

1. To represent to His Majestie that latelie we have presumed, in all
humilitie, to write to His Majestie to the same sence of the letter now
sent, but we are informed the Letter hes never comed to His Majesties
hands, but hes bein miscarried, and hath bein withdrawen, by what
meanes we know not.

2. To shew His Majestie that, for any thing can appeare to us, these
thinges that are now in question are urged by all as moved thereto,
that are by the persuasion of their consciences, they esteeming them
poyntes of their faith; and if force be used, all are persuaded, and so
proves, that it is not for these poynts now in question only, but for
encroaching upon religion in ane higher degrie then is pretendit.

3. That His Majestie, in this case, may be pleased to take it to his
royall consideration, what successe persute of armes hes had in all
uther Kingdomes against men for matters of conscience, truelie, or
taken by them to be such; and that bloodie warres have ever bein to
harden the Spirits of men to opposition in matters of conscience, and
to increase their number.

4. That, if our neighbour nation doe invaid this countrie, it will
assuredlie be taken be all Scotsmen, albeit not affected the present
way, for a nationall quarrell; and all will strive as ane man to defend
themselves as for their lives, estates, and liberties of the countrie.

5. That the countrie is also joyned togither, now that few or none of
them most reserved, can be drawen together to oppone the countrie in
this cause.

6. To represent to His Majestie the proffer made by the bodie of the
Kingdome to imploy their readiest services, lives, lands, honours,
and quhatsoever is dearest to them in this world, for His Majesties
service, and lay the same in at his Royall feete, to be disposed at his
pleasure—they being satisfied in matters of religion and conscience, in
which was performed in our presence by the great asseverations of many
considerable persons amongst them, and which we are persuaded fullie to
be true.

       *       *       *       *       *

1639.—March.

8. _The Oath that they urged upon the Scotts Men at London._[169]

I doe faithfullie swear and promise that I doe honour and obey
my Soveraigne Lord, King Charles, and will bear faith and true
alleadgance to him, and defend and mentaine him and his royall power
and auctoritie; and that I will not bear armes, or doe any rebellion
or hostile act against his Majestie, or protest against any of His
Majesties Royall Commands, but submitting myselfe in all due obedience
therunto; and that I will not enter into any Covenant, oath, or
band, for mutuall defence and assistance of any persone or persones
whatsoever, contraire to what I have herein sworne, professed, and
promised: So help me God in Christ Jesus.

       *       *       *       *       *

1639.—April 2.

9. _Letter from the King to Hamilton._[170]

  HAMILTON,

I received yours but this morning, to which before I answer, I must
tell you News: First, that Jacob Ashly has possessed Berwick with
1000 Foot and 60 Horse, and Carlisle is likewise possessed by My Lord
Clifford with 300 men; Secondly, I have commanded Traquair to keep his
Chamber, until he give me an account how he left Dalkeith, without
striking one stroke, and before any Cannon was brought before it,
having left the Ammunition (not destroyed) to their reverence, and
likewise the Regalia: of this more by the next. Now for Answer, I have
given the Proclamation to be written over by the Clerk-Register, with
the General Oath, both which you shall have with all speed: for your
Military Oath, I like it extreme well, as likewise your opinion for
detaining the Patents of Honours until the Country be settled; for
your Brother, certainly if you had forgotten him I should not, but
have remembered my old Engagement; and for Dalliel, indeed he deserves
well; yet methinks a Viscounty may serve at this time, that I may have
something more to give upon further occasion: and so I rest

  Your assured constant Friend,

  CHARLES R.

  York, 2 Apr. 1639.

       *       *       *       *       *

1639.—April 3.

10. _Letter from the King to Hamilton._[171]

  HAMILTON,

According to my promise yesterday I have sent you back the Proclamation
and Oath, but with very few Additions. As touching Traquair I can say
little more than I did, because I have not yet seen his Defence; only
if I had not taken this rude notice of his base Action, I am sure I
should have disheartened a number of honester men than ever he was, or
will be. This morning I have News of the safe Landing of the 500 Irish,
which are by this time in Carlisle, there to attend untill further
Directions. I have no more at this time to say, but to know if Col. Gun
be not one that you have entertained, for it is said that he is going
back again to Germany. One thing I had almost forgot; they say for
certain that Aberdeen holds out still, and is not likely to yield in
haste; if it be so, you know what to do. And so I rest

  Your assured constant Friend,

  CHARLES R.

  York, 3 Apr. 1639.

       *       *       *       *       *

1639.—April 5.

11. _Letter from the King to Hamilton._[172]

  HAMILTON,

This is to tell you, that the News of the rendring of Aberdeen came
immediately after the dispatch of the last Post, and that though
Huntley be retired, yet he is neither beaten nor over-run: but the
chief cause of my writing at this time is, that since I have shown
the Proclamation to Orbiston and Sir Lewis Stewart, they have both
been very instant with me to change something in it: which (though
my Judgment goes with them in the most, and therefore I will not
be wilful; yet) I think I shall alter, or (but rather) palliate one
point, to wit, not to set Prices upon the declared Rebels Heads, until
they have stood out some little time; which time is to be expressed
in this same Declaration. Another thing is, whither and when to send
you Devick; and lastly, whether I shall see you before you put to Sea,
which I should be glad of, if it should not retard the Service: and so
I rest

  Your assured constant Friend,

  CHARLES R.

  York, 5 Apr. 1639.

       *       *       *       *       *

1639.—April 7.

12. _Letter from the King to Hamilton._[173]

  HAMILTON,

  I send you with this my Proclamation, as I have
  now made it upon debate with Sir Lewis Stewart,
  wherein I have altered nothing from the first, but
  what I wrote you by my last; only I have added
  some things of favour to those that shall repent,
  which nevertheless are of so little moment, that
  although this should not come to your hands time
  enough, the other might pass very well. As for
  the publishing of it, I shall doe my best to get it
  proclaimed both in Edinburgh, and in the rest of
  the Kingdom: nevertheless you must not leave to
  doe your best for the publishing of it. So wishing
  good success as well to your Person as Cause, I
  rest

  Your assured constant Friend,

  CHARLES R.

  York, 7 Apr. 1639.

       *       *       *       *       *

1639.—April 7.

13. _Letter from the King to Hamilton._[174]

  HAMILTON,

I send you herewith my Pleasure in a Proclamation to my Subjects of
Scotland, and by this command you to use all sort of Hostility against
all those who shall not submit themselves according to the tenour of
the same; for which this shall be your Warrant.

  CHARLES R.

  York, 7 Apr. 1639.

       *       *       *       *       *

1639.—April 10.

14. _Letter from the King to Hamilton._[175]

  HAMILTON,

I have spoken with Henry Vane at full, of all those things that were
concerted betwixt you, and agree in all things but one, which is, that
he thinks your going into the Frith, will make the Rebels enter into
England the sooner; whereas on the contrary, I think that my possessing
of Carlisle and Berwick hath made them so mad, that they will enter in
as soon as they can perswade an Army together, except they be hindred
by some awful Diversion; wherefore I could wish that you were even now
in the Frith, though the Borders might be quiet till my Army be brought
together, which they say will hardly be yet these ten days. Yet I am
not out of hope to be at Newcastle within these fourteen days, and so
to Berwick as soon as I may with either Honour or Safety; wherefore my
Conclusion is, go on a Gods Name in your former Intentions, except I
send you otherwise word, or your self find some inevitable necessity:
and so I rest

  Your assured constant Friend,

  CHARLES R.

  York, 10 Apr. 1639.

  POSTSCRIPT.—I have sent you ten Blanks, whereof
  four be Signaturewise.

       *       *       *       *       *

1639.—April 10.

15. _Letter from the King to Hamilton._[176]

  HAMILTON,

According to my Promise on Thursday last, I send you herewith the
Proclamation altered as I then wrote; and that you may not think that
these Alterations are grounded upon new Counsels, I shall desire you to
observe, that I do not so much as seem to adde the least thing to my
former Promises. It is true, that I neither mention the late pretended
General Assembly at Glasgow, nor the Covenant, at this time: my reason
is, that if for the present I could get Civil Obedience, and my Forts
restored, I might then talk of the other things upon better terms. As
for excepting some out of the General Pardon, almost every one now
thinks that it would be a means to unite them the faster together;
whereas there is no fear, but that those who are fit to be excepted,
will doe it themselves by not accepting of Pardon, of which number I
pray God there be not too many: So that you are now to go on according
to your former Directions, onely proclaiming this instead of my former
signed Proclamation; and so to proceed with Fire and Sword against all
those that shall disobey the same. So praying to God to prosper you in
all things, I rest

  Your assured constant Friend,

  CHARLES R.

  York, 10 Apr. 1639,

  at 4 in the Afternoon.

       *       *       *       *       *

1639.—April 11.

16. _Resolution of Council and Session to go to Court._[177]


  Apud Edinburgh, undecimo April, 1639. Sederunt. The Lords of Secret
  Counsell underwritten—viz., the Earles of Mar, Perth, Wigtoun,
  Galloway, Lauderdaill, and Southesk; the Lords Elphinston and
  Naper; the Advocat and Treaʳ Deput; togidder with the Lords of
  Session aftermentioned—viz., the Lords Durie, Innerleith, Foderane,
  Innerpeffer, Balconnie, Cranston-Riddell, Craighall, Scotstarvet, and
  Eskbanke.

The Lords of His Majesties Privie Counsell and Session having tane to
their consideration the deplorable and calamitous estate of this Kirk
and Kingdome; and understanding that one of the greatest causes thereof
arose from his Majesties offence taken against the late proceedings
within the same, and they being fullie perswaded that his Majestie
will be pleased to heare of thame the simple truthe—as they sall be
answerable to God and his Majestie—without anie privat respect, but
allanerlie his Majesties honour and the safetie of this kingdome:
Thairfoir they thinke it necessar and incumbent to thame, out of their
humble and bound affection to the weall, honnour, and happines of
his Majesties person and government, and for preventing the imminent
dangers hanging over this kingdome, that they all unanimouslie sould
present themselves to his sacred Majestie, and falling doun at his
royall feete, deprecat his Majesties wrath againes his subjects; and,
therefore they all in ane voyce have resolved to take journey with all
expedition towards his Majestie for the effect forsaid.

       *       *       *       *       *

1639.—April 18.

17. _Letter from the King to Hamilton._[178]

  HAMILTON,

It is true that I was content to hear your Advice concerning your going
into the Frith, it being chiefly to shew Henry Vane that your Judgement
went along as well as your Obedience: though I had a care ever to take
off from you the envy of seeking this particular Imployment, taking it,
as it is just, upon my own absolute Command; yet I will not say, but
that you might have cause to wonder, because neither of us expressed
ourselves so clearly as we might. But my chief errand to you at this
time is, that upon serious Debate upon your long Letter to Henry Vane,
only with him and Arundel, (for I dare trust no other) we found no
reason to alter my former Commands, but were more confirmed in the
fitness of them; only we have thought requisit to alter some things
in the Proclamation, which you shall receive by the next Dispatch, at
furthest within a day or two of this: so that you are not to (indeed I
think you cannot) publish any, until the New one come to you, (for I
believe it will be at the Holy-Island before you:) the Alterations of
which you will only find to be, that I do not say all I think; but in
no ways slack my Resolution, much less seem to yield to any new thing.
So referring you to Henry Vane for the relating of our Proceedings
here, I rest

  Your assured constant Friend,

  CHARLES R.

  York, 18 Apr. 1639,

  at ten a clock at night.

       *       *       *       *       *

1639.—April 19.

18. _A Letter from the Nobilitie of Scotland to the Earle of Essex,
lying in Berwick, sent with Mr William Cuninghame._[179]

  OUR MOST NOBLE LORD,

As in all these great affairs which have been so much noysed abroad,
of our Church and State, our chiefest care hes beene to walke
warrantablie, according to the Laws that were sett in force for that
effect; so we are certainely persuaded that amongst ourselves there
is none that can justlie complaine of what hes passed; and for these
our Countrie Men who are now in England, if they be of that number, as
they are evill subjects to our gracious King, and worse compatriots
to us; so, of all the worst guests amongst yow, while they endeavour
to make the remedie of their evills, and the escape of their deserved
punishment, the beginning of ane incurable disease betwixt two nations,
to whom this quarrell should nowayes extend, if the informations and
protestations made by us for this end, and the bond of our Covenant
sworne to God and man, hes not cleered all scruples in the mynd of
our gracious Soveraigne hitherto: and, of all good subjects with yow,
it is not our fault, but rather our joynt misfortune with yow, that
there are too too many amongst yow, also in great place and credite,
whose privat byasse runnes quyte voyd and contrare to the publict good,
and who are, these wicked ones, rysing earlie to poysone the publict
fountaine, and to sow the unhappie teares of jealousies and discords
betwixt yow and us, before the good seed of our love and respect to our
neighbour nation can take place in your hearts. Amongst all the evills
of this kynd which daylie overtakes us, next to the present undeserved
displeasure of our Prince against us, (which God in mercie will take
off in his aune tyme,) there could nothing have been fallen so strange
and unexpected to us as the drawing of your forces together upon your
borders, which, whether to defend yourselves, or to annoy us, and so
to prepaire and gather those clouds which threatnes a sore tempest to
bothe, we for our parte wishe they may first perishe in the shipwrack
who beginnes to dashe the ane nation against the other.

As for yow, my Lord, although your place, persone, and qualitie, the
honour and reputation of your former life, may give us some assurance
that your Lordship will bewar to beginne the quarrell, whereat the
enemies of both the nations will rejoyce and catch the advantage; yet
give us live to admire the ground of these needlesse feares that makes
you thus strengthen your borders, or rather suspect these pregnant
presumptions of a farther project intendit against this nation by your
power, which needs must make us bestirre ourselves betymes at all
hands for our safetie; God is our witnesse that we desire no nationall
quarrell to arise betwixt us, or to tast of that bitter fruit that may
sett both your children and our children’s teeth on edge, but rather
hold ourselves obliged, in conscience of our duetie to God, our Prince,
and all our nation, our brethren, to try all just and lawfull meanes
for the removall of all causes of discord betwixt two nations who are
yet locked togither, and should be still in all the strongest bonds
of affection and common interest, and to be alwayes readie to offer
that occasion of greater satisfaction in this kynd for clearing our
loyall intentions towards our Prince, to all whom it may concerne,
and, namely, to your Lordship, in regard of your place and command
at this tyme, by any mids whatsomever should be thought expedient on
both sydes. This farr we thought good to represent to your Lordship,
being occasionallie together, so few of us as are in this place, for
ourselves, and in name of the rest of our number, who, together with
us, shall expect your Lordships answer, and rests your Lordships
affectionat friends to serve you.

  Edinburgh, 19 Aprile 1639.

       *       *       *       *       *

April 23.—1639.

19. _Letter from the King to Hamilton._[180]

  HAMILTON,

Before that this come to your hands you will have received two of mine
of an elder Date, to which I can adde so little, that if I had not
received yours of the 18ᵗʰ, I would not have written at this time. You
have done well in laying all the Doubts before me, and shewing all your
defects, (for which I am heartily sorry) by which I see there is not so
much to be expected as otherwise there might: yet I continue my former
Resolution, being glad that your own inclination leads you thereto;
recommending Tantallon to your thoughts, for the which I have agreed
with the true Owner. Think not of the North until I have done some good
in the South. I shall haste to Berwick as soon as possibly I may; but I
fear it will not be before the 12ᵗʰ of May, and I hope the 15ᵗʰ will
be the latest. So hoping to have a merry meeting with you in Scotland,
I rest

  Your assured constant Friend,

  CHARLES R.

  York, 23 Apr. 1639.

       *       *       *       *       *

1639.—April 25.

20. _Letter from the King to Hamilton._[181]

  HAMILTON,

Having opened your Pacquet to Master Treasurer, I could not but tell
you, that I could not but pity your cross Winds, and commend your
Diligence: and so I rest

  Your assured constant Friend,

  CHARLES R.

  York, 25 Apr. 1639.

       *       *       *       *       *

1639.—May 2.

21. _Missive Letter from the Marquis of Hamilton to the Provost,
Magistrates, and Council of the City of Edinburgh._[182]

  LOVING FRIENDS,

Such is and haith bein his Majesties tender fatherlie caire of this his
native Kingdome, that he haith bein graciouslie pleased to indevore,
by manie faire and calme wayes, to reclaizme his disobedient subjects
within the same, but hitherto all in vaine. So haffing producit no
better effects in divers of theme bot _the daylie incressing of
insolences; and to such ane hicht it is growne, that nothing can be
justlie expected from his Majestie bot to use his royall power and
force: zitt still, such is his guidnes and clemencie, as that will be
the last way he will trite, and then to the gritt grieff. Quhairfore he
hes bein pleased to send me, his High Commissioner, unto these pairts
againe, with full powar and authoritie to accommodat these effaires
(if it be possible) in ane peaceable way, and to treat and use his
guid and deutifull subjects with all favour and kindnes, qwhereof I
thought fitt to give yow notice, yow being the cheiff and principall
citie of this his Kingdome; zitt I may say with sorrow, that none
hes schewing themselfis more proane to riot and disobedience to his
Majesties commands than yow. Bott zitt ther is tyme for repentance—such
is his Majesties clemencie. These are thairfor to desyre yow, that not
onlie your selfis, bot that yow lykewayes prepair the hairts of the
Commouns, that both yow and yai may be readyr to repaire his Majesties
gratious pleasure whichsal be signified unto yow, with that humble and
thankfull obedience, as becommeth loyall, deutifull, and guid subjects,
so that, by your guid example, the rest of this Kingdome may doe the
lyke, which will be ane meanes for yow to redeme His Majesties favour
which yow have iustlie lost, and saive the schedding of much innocent
blood, which both His Majestie and all just men call Heaven and earth
to witnes, yow ar the principall causers thereof, as haiffing cheiflie
countenanced the beginners of these trubles, and which one day most
lye heavilie upone yowr consciences, and call for iust vengeance from
God and the King, with the curses of manie innocents which, by yowre
meanes, will be destroyde. Bott I houp now, at yᵉ last, yow will sie
yowr awin errors, and accept this meanes of reconceiliatioun which now
is to be offerit unto yow; wherein no man sall more joy than I,

  Your verie loving Friend,

  HAMILTON.

       *       *       *       *       *

1639.—May 3.

22. _Letter from the Provost, &c. of Edinburgh to the Marquis of
Hamilton, in answer._[183]

  PLEASE YOUR GRACE,

We, his Majesties humble and loyall subjectes, doe, with all
thankfulnes, acknowledge that His Majesties caire to this his native
Kingdome hes bein more tender, and His Majesties proceedings more
calme, then our enraged enemies, who have bein, by all meanes, seeking
His Majesties dishonour, and owre utter ruine could have wyched. So
are we heartilie sorie that the suggestiounes and informatiounes of
our enemyes sould have prevailed so far with His Majestie, as that
ourselfs or anie uther of His Majesties guid subjects should be compted
so refractorie and disobedient as to have deservit that his Majestie
sould make use of any powar or forces against us, who have bein seeking
nothing bot the libertie of oure religioun against novatiounes, and
that all questiounes micht be determined by a Nationall Assemblie and
Parliament, both which were graciouslie indicted be His Majestie, and
have bein doeing nothing bot using preparatiounes for our lawfull and
necessar defence against threatened invasion and hostilities. We are
glaid that your Grace is come hither as His Majesties Commissioner,
to accommodatt effaires in a peaceabill way, which is the desyres of
oure hearts, and seemes to ws not onlie possibill bot easie. Bot we
are heavielie greived that your Grace sould come against this your
native countrey in such ane hostile way as may rather provoke then
pacifie, and does protend that the Kingdome will be moved to doe more
for feir of violence, then frome trew loyalitie and conscience of that
dewtie we ow to our dread Soveragne under God. Nothing can be requyred
of us for ourselffis, who have the honour to be the chieffe cittie
of this His Majesties Kingdome, or for the Commones, so far as our
creddeitt and powar can reache, or for giving good exemple to uthers
in receaving His Majesties gratious pleasure and iust commandments,
with all humble and thankfull obedience, which sall not be to the full
and most cheirfullie performit. Bot when we have doone the dewtie of
gud and loyall subjects which (nixt unto oure dewtie to God Almichtie)
hath beene our cheifest caire, and whairof we have given all proofes
and exemplarie evidences if it sall come to pas (which the Lord of his
mercye prevent) that innocent blood salbe sched, then hath yᵉ curse
cum on them, and the burdein wherof, the consciences of those who
haith bein aither the principall causers, or the beginners, or the
fomenters, of those present trubles; for, as we have, in this cause,
a guid conscience before God, and nevir meant evill to any man, far
les to our King, which is oure gritt confidence and comfort, so we ar
assent to be approven of all just and good men, who ar not ignorant of
our proceidings, and of the necessarie causes of our intendit defence.
Your Grace knowes weill what fals calumnies hes bein spred against us,
and we call to God of Heaven and earth to witnes; and how the wayes
of grace, informatioun (all which have bein assayed by the Nobilitie,
Barrones, Burgesses, Ministers, and Commouns, heir, by whose speciall
advyse we have sent this answer unto your Grace, and who have warranted
us to make knowen their mynd with owre owne) hath bein stopped this
lang tyme past. Humblie and earnestlie intreating, in thair name and
our awin, that your Grace vald be pleased to convay to His Majesties
eares the trew estaitt of matters as they stand, and the guid meaning
of the honest and loyall hearts of us His Majesties subjectes: which
will no doubt prove a mor readie meane of reconciliatioun then all
the terrors under heaven, and which will obleice us to prove to the
uttermost of our power

  Your Graces trew and humble Servands.

       *       *       *       *       *

1639.—May 8.

23. _Letter from the King to Hamilton._[184]

  HAMILTON,

The length of Henry Vane’s Dispatch will shorten this, not being
willing to trouble my self with writing, nor you with reading of
Repetitions. This I must observe to you, that whatsoever either he or
I writes at this time is no absolute Command, but meerly Advices to
help your Knowledge, that you may the easier judge what is best for
my Service. Upon this ground I send you here a Discourse of Mr Thomas
Hamilton’s, wherein many things to my seeming are very well said, but
how far practicable, or when, I leave you to judge; as likewise upon
the whole matter I give you my Opinion, that if you find it not fit to
land all our 5000 men upon Lothian-side, then it may be councellable to
send most of your Land-men to the North, to strengthen my Party there.
As for your landing in the South, I shall onely name two Places besides
Tentallon, to wit, Sterlin, (if that be not too far off to be relieved)
and Dumbar: as for Tentallon, I shall command the Marquis of Douglass
to send one to agree that business with you. So longing to hear from
you, and wishing you good luck, I rest

  Your assured constant Friend,

  CHARLES R.

  Newcastle, May 8, 1639.

       *       *       *       *       *

1639.—May 9.

24. _The Nobilitie of Scotland, their Supplication to the King._[185]

  MOST SACRED SOVERAIGNE,

Be graceouslie pleased to hearken unto the humble Supplication of
the Subjects of your ancient and native Kingdome of Scotland, still
prostrat at the feete of your Majesties clemencie and myldnes; shewing
that, as there is nothing so greevous unto us and everie ane of us as
your Majesties heavie displeasure, conceaved against us this tyme past,
which maketh us, in the trueth of our hearts and in all humilitie, to
deprecat your Majesties wrath: so nothing under heaven can revive and
refresh us so much as that the sweet rayes of the light and love of
your Majesties countenance should, in the wonted comfortable maner,
schyne upon us and this whole kingdome. In this we are most unhappie,
that we want the comfort of your Majesties personall presence, and
that your gracious accesse, which the meanest of your subjects find
there. Lett us humblie begg that your Majestie may suffer your graceous
favour to triumph over the severitie of your indignation; and if it may
be your Majesties good pleasure to keepe the Parliament, graciouslie
indicted by your Majestie, for putting a finall determination to all
our troubles, whither in your owne royall persone, which is the earnest
desire of our hearts, or by your Majesties High Commissioner, quherein
we shall labour to give your Majestie just content, as becometh
duetifull subjects, We are fullie assured that no act hath proceeded
from your Majesties goodnes and Justice which shall make your name more
glorious in the sight of the world, us more blessed in ourselves, and
more cheerful to continow in all loyaltie and obedience, and to pray
more heartilie for your Majesties long and prosperous raigne, and for
the continowance of your princelie care over us to the end of the world.

       *       *       *       *       *

1639.—May 9.

25. _Letter from Lords and Gentlemen of the Covenant to Hamilton._[186]

  PLEASE YOUR GRACE,

  As we were here met to attend the Parliament
  indicted by His Majesty, there was shewed to us
  by the Provost of Edinburgh a Letter from your
  Grace to himself, and the Bailiffs, and Council of
  this City, with the Copy of theirs returned to your
  Grace, deferring the more full Answer till our
  Meeting. And withall there was presented from
  your Grace His Majesties Proclamation, which having
  perused, we find it doth contain divers points
  not onely contrary to our Nationall Oath to God,
  but also to the Laws and Liberties of the Kingdom:
  for it carries a denunciation of the high crime of
  Treason against all such as do not accept the Offer
  therein contained; albeit it be onely a Writing put
  in Print without the Kingdom, and not warranted
  by Act and Authority of the Council, lawfully convened
  within this Kingdom. And your Grace in
  your Wisdom may consider, whether it can stand
  with the Laws, Liberties, and Customs of this
  Kingdom, that a Proclamation of so great and dangerous
  Consequence, wanting the necessary Solemnities,
  should be published at the Mercat-cross of
  this City. Whereas your Grace knows well, that
  by the Laws of this Kingdom, Treason and Forfeiture
  of the Lands, Life, and Estate of the meanest
  Subject within the same, cannot be declared but
  either in Parliament, or in a Supreme Justice-Court,
  after Citation and lawful Probation, how
  much less of the whole Peers and Body of the Kingdom,
  without either Court, Proof, or Trial. And
  albeit we do heartily and humbly acknowledge and
  profess all dutiful and civil Obedience to His Majesty
  as our Dread and Gracious Soveraign; yet since
  this Proclamation does import in effect the renouncing
  of our Covenant made with God, and of the
  necessary means of our lawful Defence, we cannot
  pve Obedience thereto, without bringing a Curse
  upon this Kirk and Kingdom, and Ruine upon our
  selves and our Posterity; whereby we are persuaded,
  that it did never proceed from His Majesty,
  but that it is a deep Plot contrived by the Policy
  of the Devilish Malice of the known and cursed
  Enemies of this Church and State; by which they
  have intended so to disjoyn us from His Majesty,
  and among our selves, as the Rupture, Rent, and
  Confusion of both, might be irreparable, wherein
  we hope the Lord (in whom we trust) shall disappoint
  them. And seeing we have left no means
  possible unessayed, since His Majesties coming to
  York, (as before,) whereby His Majesties Ear
  might be made patent to our just Informations, but
  have used the help (to our last Remonstrance) of
  the Lord Gray, the Justice-Clerk, the Treasurer,
  and the Lord Daliell, as the Bearer can inform your
  Grace, and yet have never had the happiness to
  attain any hopes of our end, but have altogether
  been frustrate and disappointed thereof; and now
  understanding by the sight of your Graces Letter,
  that your Grace as His Majestys High Commissioner
  is returned with full Power and Authority to accommodate
  Affairs in a peaceable way, we will not
  cease to have recourse to your Grace, as one who
  hath chief interest in this Kirk and Kingdom, desiring
  your Grace to consider, (as in our Judgments
  we are persuaded,) that there is no way so ready
  and assured, to settle and compose all Affairs, as
  by holding of the Parliament according to His
  Majesties Indiction, either by His Sacred Majesty
  in Person, which is our chiefest desire, or by your
  Grace as His Majesties Commissioner, at the time
  appointed, wherein your Grace shall find our Carriage
  most Humble, Loyal, and Dutiful to our
  Soveraign, or to your Grace as representing His
  Majesties Person: and in the mean time that your
  Grace would open a safe way, whereby our Supplications
  and Informations may have access to His
  Majesties Ears. And we are fully persuaded, that
  we shall be able to clear the Lawfulness and Integrity
  of Our Intentions and Proceedings to His
  Majesty, and make it evident to His Majesty, and
  to the World, that our Enemies are Traitors to the
  King, to the Church and State; and that we are
  and ever have been His Majesties Loyal and Obedient
  Subjects.      So we rest

  Your Graces humble Servants,

  A. Leslie,
  Argyle,
  Marre,
  Rothes,
  Eglinton,
  Cassils,
  Wigtown,
  Dalhousie,
  Lothian,
  Angus,
  Elcho,
  Lindesay,
  Balmerino,
  Montgomery,
  Forrester,
  Erskins,
  Boyd,
  Napier,
  Burghly,
  Kirkudbright,
  And about 30 Commissioners for Shires
    and Burroughs.

Edinburgh, 9 May, 1639.

       *       *       *       *       *

1639.—May 10.

26. _Answer to the above, addressed to Rothes_.[187]

  MY LORD,

I Received a Letter yesterday morning signed by your Lordship, and
divers Noblemen, and others, wherein you alledge you are come to
attend the Parliament; but considering your Preparation and Equipage,
it appears rather to fight a Battel, than to hold a Civil Convocation
for the good of the Church and Commonwealth. You may perceive by His
Majesties Gracious Proclamation, that he intended in His Own Sacred
Person to be present at the Parliament, so soon as with Honour and
Safety he might doe it, and for that end exprest therein what was fit
to be done. But these Courses which you take, and your Disobedience to
his Just Commands, daily more and more shewed, will necessitate him to
have them put in execution another way.

It is true that His Majesty sent me hither to accommodate these Affairs
in a peaceable manner, if it were possible, which I have laboured to
doe; and accordingly my Deportment hath been, which hath been met with
that Retribution, as if I had met with the greatest Enemy: but your
refusing to publish His Majesties Grace to his People, signified in his
Proclamation, hath taken away that Power which otherwise I had; that
being a Liberty taken to your selves, which never any Loyal Subjects
assumed in any Monarchy. You alledge many Reasons for your selves, of
the Illegality of that Proclamation; but you cannot be ignorant, that
your Carriage hath forced many of these principal Councellours for
safeguard of their Lives to forsake the Kingdom, out of which they
remain yet for the same cause. You have suppressed the Printing of all
Writings, but what is warranted by Mr Alexander Henderson, and one Mr
Archibald Johnstown; neither was the Clerk of the Council, whom I sent
for twice to give him Directions concerning this Business, permitted to
come aboard to me, upon conference with whom (for any thing you know)
I might have resolved to come ashore my self, and convened a Council
for the Publication thereof in the ordinary way. But your extraordinary
Proceedings in all things must needs force from His Majesty some
things, which perhaps you may think not ordinary. Whereas you desire
me to be a means that your Supplications may have free access to His
Majesties Ears, it is a work of no difficulty; for His Majesty hath
never stopt his Ears, to the Supplications of any of his Subjects,
when they have been presented to him in that humble and fitting way
which became dutiful Subjects: nor did I ever refuse any all the time
I was among you, or conceal any part of them from His Majesty. So
that your Allegation of not being heard, is grounded upon the same
false Foundations that your other Actions are; and serves onely for a
means to delude the simple People, that by making them believe what
you have a mind to possess them with, they may become backers of your
unwarranted Actions; which as it is generally lamented by all His
Majesties good Subjects, so it is more particularly by me, who have had
the Honour to be imployed in this Business with so bad Success.

  My Lord, Your humble Servant,

  HAMILTON.

       *       *       *       *       *

1639.—May 10.

27. _Missive from the Council and Session to the Commissioner._[188]

  Apud Edinburgh, decimo Maii 1639. Sederunt. Argile, Mar, Perth,
  Wigton, Galloway, Lauderdaill, Southesk, Naper, Aduocat, Treʳ Deput,
  Sir Robert Gordoun; Togider with the Lords of Session underwritten,
  viz. Durie, Innerpeffer, Balcomie, Foveraine, Cranston-riddel,
  Scotstarvet, Eskbanke.

The Lords nominats and appoints John Earle of Perth to be President at
this meeting.

The whilk day the Lords of Secreit Counsell and Session abovewritten,
ordained ane missive to be written and directed to James Marquis of
Hamilton, his Majesties Commissioner, quhilk was accordinglie done, of
the tenor following:—

Please your Grace,—We of His Majesties Secreit Counsell and Session,
being jointlie conveened in this lamentable estait of Kirk and
Kingdome, to consider on some fitt and convenient way for averting the
evills hanging over this countrie, whilks to our great greefe are too
farre advanced, have thought it incumbent to us, in our dewtie, to
acquaint your Grace, who represents his sacred Majestie as his High
Commissioner, that our intention is, if your Grace will be pleased to
allow of this motion, to appoint some of our number to confer with your
Grace concerning this bussines, and to advise with your Grace if anie
faire way can be found out for accommodation of the same, quhereof
if your Grace be pleased to allow, we doe expect to be advertised be
your Grace of the time, place, maner, and way of their wise addresse.
Whereanent expecting your Graces Answer, we rest, &c. Edʳ, 10 May
1639.—_Subscribitur_ Argyle, Mar, Perth, Wigton, Galloway, Lauderdaill,
Southesk, Naper, Sʳ Thomas Hop, Ja. Carmichael, Sʳ R. Gordoun, H.
Gibsone Fletcher, Balcomie, S. G. Halyburtoun, Cranston-riddel,
Scotstarvet, S. Pa. Nisbet.

       *       *       *       *       *

1639.—May 11.

28. _The Commissioner’s Answer to the Council._[189]

  Apud Edinburgh, undecimo Maii 1639.
        Sederunt ut die predict.

The whilk day the Missive Letter underwritten, direct frome the Marquis
of Hamilton, his Majesties Commissioner, to the Lords of Secret
Councell and Session abovewritten, was produced before the saids Lords
and read in their audience, of the whilk the tenor followes:—

My Lords,—I receaved this morning your Lordships Letter, and sall
be verie willing to embrace all faire occasions which may tend to
the accommodation of this unhappie bussines, as ane who, in all my
proceedings, both before and since my coming thither, have given
sufficient testimonie thairof. Your Lordships being Counsellors and
Judges, ought to be als carefull of what may concerne His Majesties
honnour as myselfe; so I hope no motion will proceed from yow that sall
tend to the diminution thereof: And if upon Monday, betimes in the
morning, any sall come so instructed frome yow, aboird of this ship, I
sall speidilie by thame returne such ane answer as is fitting for me
His Majesties Commissioner to yow; so I rest, &c., _Subscribitur_,

  HAMILTON.

  Frome aboord the Rainebow,         }
  in Leith Roid, the 11 of May 1639. }

Whilk Missive being heard and considert be the saids Lords, they have
nominat, and, be the tennor heirof, nominats David Earle of Southesk,
and Sir Andro Fletcher of Innerpeffer, Knight, to goe aboord his
Majesties ship callit the Rainebow, wherein his Majesties Commissioner
is for the present, and there to confer with his Grace anent such
things as may best conduce to the accommodation and settling of the
present troubles wherewith this countrie is threatened.

       *       *       *       *       *

1639.—May 11.

29. _Ane Letter from the Nobilitie of Scotland to the Earle of
Hollands._[190]

  OUR MOST NOBLE LORD,

Although we have bein, at all occasions, using the best meanes by
such as were entrusted in his Majesties directions and commands, to
give his Majestie true information of the equitie and necessitie
of our proceedings, from the verie beginning to this present tyme,
yett hath the successe beene so badd, that all our dealling hath
bein misconstrued and perverted quyte contrare to our meaning and
desires, not only to the increasing of prejudices betwixt the Prince
and his people here, but also to the raising of a quarrell betwixt
the two nations, which was als farr from our expectation, as from our
intentions and deserving. This hath made us at last to wearie of the
mediation and meddling of our owne countrie men in these effaires; and
as we did beginne with the Earle of Essex, then being at Berwick, so
doe we now continow with your Lordship in clearing our loyall thoughts
to our Prince, and our duetifull respects to our neighbour nation; and
to tistifie how readie we are to stoupe to the smallest occasiones
serving for that end, the bearer Dʳ Johne Moiesley as a witnesse, who,
although he became hither rather by tolleration then any command or
commission, (as he declares,) yet his zeale and good affections to the
publict peace of both nations we doe commend, and his privat endeavour
to imploy himselfe in so good a worke shall not want from us the oure
encouragement, the rather that he hath made honourable mention to us
of your Lordships particular affectiouns to the continowance of your
commoun peace; of whose disposition in the generall we were fullie
assured before. We would, therefore, make knowen to your Lordship, and
all others of the like noble disposition, and, if it were possible,
to all the good subjects of England, that, as we have beene, we are
still verie farre from wearying of Monarchical Government—from the
thoughts of laying aside that of obedience, which we owe to our King
and dread Soveraigne—from any intention to invaid England, quhich are
so foule faults and haynous transgressions, as that we would not once
have mentioned them, but that they have beene the false imputations
of evill men against us, labouring thereby for their owne base ends,
to worke our hinderance in obtaining our just desyres, which have
beene and are no other but that we may peaceablie injoy our religion
and the liberties of our countrey, according to the lawes; and that
all questiones aryseing from these may be determined by Parliaments
and Nationall Assemblies. That is it for which we have petitioned,
covenanted, and consecrated our lives, and what in this world be
dearest unto us, which we trust your Lordship, and all others noble,
wise, and just men will judge to be most equitable, and for which
no nationall quarrell can justlie arise—the Kirk Constitutions, and
civill lawes in divers Kingdomes being different, and we being alse
farr from impugning the religion and liberties of other nations, as we
are carefull to mentaine our owne; and knowing that the common rule of
equitie hath place with your Lordship—“quhatsoever ye would that others
did to yow, doe yow even so to them.”

We have also sent with the bearer a double of that Supplication,
which we are to send aboord to the Marqueis of Hamilton, that if it
be possible by the Moderation of your Lordship, and of other Noble
Lords, to whom we have written in lyke maner, presenting the same, His
Majestie may be pleased to heare us at last and grant us our desires,
which shall tend to his Majesties great glory, bring ane end to all our
questions to our mutuall rejoycing, make the blessed Instruments of so
good a worke to be thankfullie remembered by the Posteritie when they
enjoy the fruites thereof, is the earnest request of

  Your Lordships friends and Servands.
  Edinburgh, 11 May 1639.

Your Lordship may be pleased to acquant any other of the Counsell of
England whom your Lordship thinks fitt.

       *       *       *       *       *

1639.—May 13.

30. _Letter from the King to Hamilton._[191]


HAMILTON,

Having been some days since I wrote to you, I could not let my Lord
Aboyne go without these Lines, though it be rather to confirm than to
adde to my two former: onely I shall desire you to take heed how you
engage me in Money-expence. As for what Assistance you can spare him
out of the Forces that are with you, I leave you to judge, and I shall
be glad of it if you find it may doe good. The truth is, that I find
my state of Moneys to be such, that I shall be able (by the Grace of
God) to maintain all the Men I have afoot for this Summer; but for
doing any more I dare not promise: therefore if with the Countenance
and Assistance of what Force you have, you may uphold my Party in the
North, and the rest of those Noblemen I have sent to you, I shall
esteem it a very great Service; but I shall not advise you to engage me
in further Charge, except it may be the Pay of some few Officers. So
not doubting but that you will make as much of little as you may, and
recommending this Lord to your care, I rest

  Your assured constant Friend,
  CHARLES R.
  Newcastle, 13 May, 1639.

       *       *       *       *       *

1639.—May 13.

31. _Letter from Rothes to Hamilton._[192]

PLEASE YOUR GRACE,

I should have been far better contented to have seen you here at the
Parliament with His Majesty, or holding that indicted, as His Majesties
Commissioner, than with a Navy and Army to constrain us beyond these
just limits of Religion and lawful Obedience, which we were always
willing to perform. It was far by my Expectation, and your Graces Oath
and Promise, that you should ever come in any chief Command against
your Native Country. Whereas your Grace doth challenge our coming in
such numbers to attend this Parliament, I hope you conceive that this
Navy and Army upon the Borders, and the Invasion threatened in the
West, do sufficiently warrant our Preparations to defend these places,
and divert such dangers. That Proclamation that is said to carry so
much Grace and Goodness, is as destitute of that, as your Invasion
is of a good Warrant; which persuades me, that neither of the two
proceeds from His Majesties own Gracious Disposition. I cannot stand
here to answer all these misconceived particulars, contained in your
Graces Letter; but if I had the Honour to see your Grace, before any
more mischief be done, I dare engage my Honour and my Life, to clear
all these Imputations laid on our Proceedings; and I can demonstrate
how hardly we have been used without any just reason. I dare not be
answerable to God Almighty, and to that Duty I owe my Prince and
Country, if I do not shew your Grace, that your going a little further
in this violent and unjust way will put all from the hopes of Recovery,
for which both a great deal of Blame from Men, and Judgment from above
shall attend you, as the special Instrument, which I wish you labour
to evite. If our Destruction be intended, we are confident in that
Majesty who owns this Cause, and is able to defend it: and if onely
Terrours to fright, and prepare us to accept of any Conditions will
be offered, that Intention is already as far disappointed as any of
these many former. But as we are ready to defend, so ever to insist in
supplicating, and using all humble and lawful means, as becomes us. Mr
Borthwick will deliver to your Grace our Supplication to His Majesty,
and both his and my mind, till I shall have the occasion to disburden
my self surcharged with grief at your Proceedings; being most desirous
(as I have been formerly) to have all these occasions removed that may
divert me from being still

  Your Graces humble Servant,
  ROTHES.

       *       *       *       *       *

1639.—May 14.

32. _The Kings Proclamation at New Castle._[193]

CHARLES, be the Grace of God, King of Scotland, England, France,
and Ireland. To our loving Subjects, whom it shall or may concerne,
greeting. Whereas we are thus farr advanced in our Royall persone
with our army, at the attendance of our Nobilitie and Gentrie of this
Kingdome, and intends shortlie to be at our good Toune of Berwick,
with purpose to give our people of Scotland all just satisfaction
in Parliament, as soone as the present disorders and tumultuous
proceedings of some are there quyeted, and will lave a fair way of
comeing, like a graceous King, to declaire our good meaning to them;
but finding some caires of impediment, and that this nation doth
apprehend that (contrare to our professions) there is ane intention
to invade this our Kingdome of Scotland: We doe, therefore, to cleare
all doubts that may breed scruples in the mynds of our good subjects
of either Kingdomes, reiterat this our just and reall protestation,
That if all civill and temporall obedience be effectuallie and tymelie
given and showen unto us, we doe not intend to invade them with any
hostilitie. But if they shall, without our speciall auctoritie and
command, raise any armes, troupes, and draw them downe within ten
myles of our Borders in England; and in that caice, doe expresslie
command the Generall of our Army, and our Superior Officers of the same
respectively, to proceed against them as rebelles and invaders of this
our Kingdome of England, and to the uttermost of their power destroy
them, in which they shall doe ane singular service both to our honour
and saiftie. Given at our Court at New Castle, the 14 day of May 1639,
the 15 yier of our Reigne.

       *       *       *       *       *

1639.—May 14.

33. _Heads of Treaty suggested by Hamilton to Sir Harry Vane._[194]

I. If they can be brought to lay down their Arms, and every man to
repair in quiet manner unto their own Dwellings, except such who are to
attend the Parliament.

II. If they can be brought to deliver up Your Majesties Castles, and
other private mens Houses they have taken, with the Arms and Ammunition
they have taken.

III. If they can be brought to express their Sorrow, that they have
offended Your Majesty, and humbly crave Your Majesties Pardon for the
same.

IV. If they can be brought to supplicate, that what they have to say
against Bishops may be heard in the next Parliament; and as their
Desire shall seem just or unjust, there to receive Ratification or
Denial.

V. The like for the last pretended General Assembly.

VI. If they in all Civil things will acknowledge Your Majesties
Authority, and swear Obedience to the same.

VII. If they will desist from their going on in their Fortifications,
and they onely to remain in the estate they are in till the end of
the Parliament. Though there is little hope of doing good by Treaty,
or that they will condescend to this; yet I thought it my duty to
give Advertisement of this, and humbly to crave Answer and Orders in
writing, how far I shall give way, and how I shall carry my self.

HAMILTON.

I shall desire that none may see this but His Majesty, or, at least,
that it be not known that it came from me.

       *       *       *       *       *

1639.—May 16.

34. _The Nobilities Supplication to the Commissioner._[195]

PLEASE YOUR GRACE,

As we have assayed this tyme past, by divers supplications and many
other meanes, to give our graceous Soveraigne all lawfull satisfaction,
so doe we most especiallie esteeme ourselves oblidged at this tyme
to endeavour the same, and most earnestlie to deprecat his Majesties
indignation, even to prove these preparations we have now readie, for
our lawfull and necessar defence, to be for no other end. And we doe
now expresse—not moved with fear, but with the sense of duetie—that
our hearts have been and are free of all disloyaltie and disobedience
quhatsoever to our graceous Soveraigne, and least our hope of a happie,
peaceable, and contented conclusion, be interrupted by the mischeefe
that may arise from the stoppe of trade, and injuries done by the
fleete lying here, or by the armies that will ly so near upon the
Borders, we earnestlie beseech your Grace to medeat with His Majestie,
and that so seriouslie and speedilie, as all thir threatened evills may
be prevented; and, in the meane tyme, the country may be secured from
all such dangers as we have entrusted the bearer more particularlie
to relate to your Grace; and herein we wishe your Grace that successe
which may tend to the glorie of God, the honour of His Majestie, the
good of this Kingdome, the remembrance of your Grace in after ages,
as ane happie instrument, and the present oblidgement to a thankfull
remembrance by us, who humbly crave your Graces answer.

       *       *       *       *       *

1639.—May 17.

35. _The King’s Answer to Hamilton’s Proposals._[196]

HAMILTON,

I have kept this honest Bearer the longer, that I may with the more
assurance give you my Directions what to doe, consisting of two
points, Fighting and Treating: for the first, we are still of the same
Opinion, that it is not fit that you should give on untill I be on the
Borders, which will be (by the Grace of God) by this day eight days,
except you find that before that time they march down to meet me with
a great Strength. In that case you are to fall on them immediately,
and in my Opinion as far up in the Frith as you think probably may
doe good, thereby to make a Diversion. In the mean time I like well,
that you go on upon that ground of Treaty you sent a Note of to Master
Treasurer, (which you will find I have underwritten,) no body else
being acquainted with it.

Thus having given you my Directions both concerning Fighting and
Treating, I leave the rest to the faithful Relation of the honest
Bearer, and rest

  Your assured constant Friend,
  CHARLES R.

  Newcastle,
  17 May, 1639.

       *       *       *       *       *

1639.—May 17.

36. _Answer by Hamilton to Rothes._[197]

MY LORD,

I have received your Lordships Letter signed by you, but I cannot
conceive it of your Lordships enditing; for I believe you would not
have sent such an one to me, if you had not had some malignant spirits
busied in the framing of it; for you cannot but remember that my words
were never other, than that I would die at my Masters feet, and that I
would prove an Enemy to the uttermost of my Power to this Kingdom, if
my Countrymen continued in their Obstinacy: and here I set it under my
Hand, that I will (by Gods Grace) make it good. It is true, knowing my
own inability, I neither desired, nor indeed willingly did accept, the
Conduct of an Army against this Nation: but my backwardness proceeded
not out of a desire not to be imployed against such in this Country as
were disobedient, but that His Majesty might have found many more able
to have served him: but since he hath been pleased to trust me, I will
not deceive him.

You pass by many particulars in your Answer to my Letter untouched,
saying, you cannot stand here to answer them. It is most true, they are
not to be answered, and so I take it. As for your own Justification,
it is the same which you have ever used, and so continue: but the best
is, none that ever were truly informed of your Proceedings, doth or can
give any approbation of them.

You say, If I go any further in a violent course, it will be past all
hope of Remedy. If I doe, none can blame my Master, for that can never
be called Violence which is onely to suppress Rebellion: and if I
proceed to execute his Commands therein, you are the causers of it. As
Mr Borthwick told me, I expected to have heard further from you before
now: but nothing coming, I would forbear no longer to give you this
Answer under my Hand, that both you and all the world may take notice
what my Inclinations are, which notwithstanding I do infinitely desire
they may be stopt by your speedy and real Submission to His Majesties
just Commands. And this is the prayer of him who wisheth it may be
still lawful for him to call himself

  Your Lordships humble Servant,
  HAMILTON.

  From aboord the Rainbow,
  27 [17] May, 1639.

       *       *       *       *       *

1639.—May 21.

37. _Letter from the King to Hamilton._[198]

HAMILTON,

I Cannot let these Lords go without a Letter, it being more to please
them than to inform you; there having nothing happened since my last of
the 17ᵗʰ that makes me either alter or take new Counsels: so that this
is onely to recommend them to your care, in so far as may comply with
my Service; which shews you both my good Opinion of them, as likewise
that I am

  Your assured constant Friend,
  CHARLES R.
  Newcastle, 21 May, 1639.

       *       *       *       *       *

1639.—May 22.

38. _The Earle of Hollands Letter to the Nobilitie of Scotland._[199]

As it hath beene my fortune to receave great expression from you of
your disposition of your loyaltie and duetie to his Majestie, so it
is now to give your Lordships ane occasion to shew it, by obedience
to his Majesties proclamation; which, asking but civile and temporall
obedience from his naturall Kingdome, having beene borne in the bowells
thereof, I must beleive, by the most earnest professions of love and
duetie to him, and lykewise by the enemie of your great tyds, that so
much ought to serve that created him Monarche, your Lordships will
most joyfullie and readilie submitt to that which in his sacred and
powerfull way, as thus demanded from yow. By which meanes ye may not
onlie avoide that name ye professe so litle to deserve, but also shune
in all your particulars the inconveniences of it, with these of the
publict, threatened in the destraction of these Kingdomes, which are
so interested in the saiftie and prosperitie of each other, as their
differences will appeare as unnaturall towards ourselves, as it may
prove unfortunate. The fulnes of my heart upon this occasion, makes
me say more then is propper for me, since I am rather to obey in this
service then to advise.

  My Lords,
  I am your Lordships humble Servant,
  HOLLANDS.
  From my quarter,
  22ᵈ Maii, 1639.
  To the Comittie at Edinburgh.

       *       *       *       *       *

1639.—May 22.

39. _Letter from the King to Hamilton._[200]

HAMILTON,

Rumours come here so thick, of the great Forces that the Rebels mean
very shortly to bring down upon me, that I thought it necessary to
advertise you, that you may be ready at the first Advertisement to
land at the Holy Island, wind and weather serving; yet not to come
from where you are untill I send you word, except you shall find it
necessary by your own intelligence: and so I rest

  Your assured constant Friend,
  CHARLES R.
  Newcastle, 22 May, 1639.

POSTCRIPT.—I leave it to your Consideration, if it be not fit to leave
some 300 Men in Inchcolm, though it should be fitt that you should
come away with the rest of the Landmen.

       *       *       *       *       *

1639.—May.

40. _A Letter from Scottish Nobles sent to the Noblemen and
Counsellours in England._[201]

MOST NOBLE LORDS,

Although we have bein labouring this long tyme past by our
Supplications, Informations, and Missives to some of your Lordships,
to make knowen to his Majestie and the whole Kingdome of England, the
loyaltie and peaceablenes of our intentions and desires, and that we
never meant to deny to his Majestie, our Soveraigne and native King,
any poynt of temporall and civille obedience, yet, contrarie to our
expectation and hopes, matters to this day growing worse and worse,
both Kingdomes are brought to the dangerous and deplorable condition
wherein they now stand in the sight of the world. In this extremitie we
have sent to his Majestie our humble supplication, (besides which know
none other meanes of pacification,) and doe most earnestlie intreat
that it may be assisted by your Lordships, that, if it be possible, by
a meeting, in some convenient place, of some pryme and well-affected
men to the reformed religion, and our common peace, matters may be
accommodat in a fair and peaceable way, and that so speedilie, and with
such expedition, as, through farder delayes, which we see not how they
can be longer indured, our evills become not incureable. We take God
and the world to witnes, that we have left no meanes unassayed to give
his Majestie and the whole Kingdome of England, all just satisfaction,
and that we desire nothing but the preservation of our Religion and
Lawes. If the fearfull consequents shall ensue, which must be verie
neare, except they be wiselie and speedilie prevented, we trust they
shall not be imputed unto us, who, till this tyme, have been following
after peace, and who doe, in everie duetie, most ardentlie desire to
shew ourselves his Majesties faithfull Subjects, and

Your Lordships humble Servants, &c.

       *       *       *       *       *

1639.—May 23.

41. _The Marquis of Hamiltons Letter to the Earle of Rothes._[202]

MY LORD,

I have received a letter, signed by my Lord Lindsey, not of many lynes,
yet full of injuries; and sure it was in such a straine as is not fitt
for a Subject to write to the Kings Commissioner, and deserves no other
cause but this, that his follie hath transported him beyond his duetie.
The article which he mentions, I find to be none other than unjust
complaints underwritten by your Lordship, and some other, written to no
other end, as I conceive, but to justifie disloyall proceedings, and to
accuse us of things quhich are notoriouslie false, quhich, to confute,
I hold it altogither unnecessar, though verie easie to be done; and so
much the more since ane answer is so peremptourilie required. This is
not the way to bring the bussinesse to that peaceable conclusion which
yow seeme to desire; wherefore, leaving these wayes, if peace it be
ye would have, and comeing in that maner as becomes subjects to come
to their Soveraigne his Commissioner, I shall then not only receave
your petitions, but willinglie contribute my best endeavours with my
Master, so farre as may stand with his honour and my duetie, for his
graceous receaving yow into his favour, and establishing a future peace
in the land, which, if it be alse heartilie desired of yow as it shall
be reallie laboured for by me, I have no doubt of the good successe. So
I rest, desirous yet to continow.

  HAMILTON.
  From aboord the Rainbow,[203]
  in Leith Road, 23 Maij, 1639.

       *       *       *       *       *

1639.—[May.]

42. _A Letter written from Sir James Carmichael and Lord Southeske to
the Nobilitie of Scotland._[204]

We propounded to His Majestie according to the desires we had from
yow, that yow might be admitted to come to His Majestie, to shew to
his Majestie the trueth of things, and withall deprecat His Majesties
wrath; quhilk motion of yours is not thought fitt, at this tyme,
to be hearkened unto; yet His Majestie is so tender of the good of
that his antient kingdome, that if yow come warranted from them by
whom his auctoritie hath, in so high a measure, many wayes suffered,
with such a submission as becomes duetifull subjects, he is most
graceouslie pleased that yow come, and he will not barre his eares
from any reasonable sute of any his good subjects, in such a way. And,
therefore, yow are to consider with yourselves whither yow can bring
any propositions that are worthie of his hearing, quherby they may shew
themselves duetifull subjects, as, upon good grounds, may make show
himself a graceous Prince, quhich, if it can be deserved, he is verie
desirous to doe. Sic subʳ.

  SOUTHESKE.
  JA. CARMICHAEL.

       *       *       *       *       *

1639.—May 25.

43. _The Nobilities Letter to the Earl of Holland._[205]

OUR NOBLE LORD,

As nothing can be more acceptable unto us then to heare that his
Majestie were pleased to give just satisfaction unto us and all his
good people, so shall we ever be willing, with all due respect, to
remember and to honour all such as shall be so happie as be mediators
to procure the same, which we acknowledge to be yours at this tyme;
and, for our parte, shall, to the uttermost of our power, render
all civile and temporall obedience to his Majestie, als tymelie and
effectuallie as may be, with the safetie of our lives and safetie of
the countrie. And, therefore, as we doe humbly intreat, and certainlie
expect, that his Majestie is willing to cleare all doubts that may
breid scruples in the mynds of his good subjects of either Kingdome,
will, in his justice, recall all his forces by sea, which are here
lying within our bosome, to our great hindrance—will recall our
arreasted schipps in his Majesties uther dominions—will remove his
armies from the Borders, for our securitie—and will be graciouslie
pleased to give farder signification of his Majesties will for
accommodation of effaires in such a peaceable way, whether by the
confarence of some pryme and well-affected men of both nations, or
any other meanes, (which we presume not to prescryve,) as may prove
more powerfull then any thereof, already assayed, hath done: So doe
we presently resolve, in all humilitie, to doe his Majesties will, in
keeping our armies within the bounds of his Majesties limitation, and
to performe all thinges we can conceave may conduce for our owne common
peace.

The speedie effectuating of this on both sydes, as your Lordship
knowes, to be his Majesties honour. So doe we knowe it to be the will
of his Majesties Kingdome now in armes, whose present condition is
such, that it cannot longer delay; and all men who looke upon us will
perceave to be the scattering of that dark cloud which hings over
the two Kingdomes. This blessed worke, if your Lordship, who hath
begun so happilie, shall bring to passe, which, from the knowledge
of his Majesties justice and goodnes, we suppose to be faseable be
your Lordship and others who have access; and therefore intrust this
Gentleman, Sir John Home of Blackader, Knyᵗ, with farder information;
then shall we yet be farder oblidged to prove

  Your Lordships humble Servants.
  Lochend, the 25 Maij 1639.

_Instructions._

You shall shew to my Lord Holland—

1. The true estate of the question—Whether we shall be governed by
Generall Assemblies in matters of ecclesiasticall, and by Parliament in
matters civill, unto whose decision we have ever submitted ourselves,
our persons, our cause, and proceedings; and albeit Proclamations be
wrapt up in generalls of Religion and Lawes, the ground of both are
condemned in particulars, as our Covenant with God and the Generall
Assembly, whereof we cannot obtaine our ratification in Parliament?

2. That we never had intention, either to diminishe his Majesties
auctoritie and monarchie, or to invaid our neighbour Kingdome, but only
to defend ourselves in the mentainance of religion and our liberties.

3. That we have hitherto used all meanes possible, by supplications
and informations, to cleare our intentions to his Majestie and our
neighbour nation.

4. That, to shew our greatest testimonie of our willing obedience,
after by proclamation we were declaired rebellis and tratours, we most
humblie renued our Supplications, wrote to sundrie Noblemen of England,
and most heartillie consented to the prorogation of the Parliament.

5. That the English nation hes now lyen this fourtnight in our Firth,
stopping all tredd and comers betwixt this and any uther nation,
tackeing our schippes, boattes, and barkes, their goods and victualls
and moneyes, deteining the men, both mariners and passengers, or
forceing them to swear oathes contrare to our Religion and Lawes.

6. That many fastations and relations of our foull conspiracies (as
they call them) are published to the world against us, and yet never
ane of them suffered to come home to lett us know our accusations; that
our estates be disposed to our tennents, and our lives subjected to all
that would be rewarded for the takeing of them.

7. That, albeit it be strange that any forraigne army, after
threatening our destructions, shall marche to our Borders, readie to
come in upon us at their pleasure, and we, who intend and professe
not to offend, but to defend ourselves, should be discharged from the
bounds so lyable to barre invasion, yet, to give full satisfaction in
everie poynt, are content to stay our armies upon assurance of the
present removeing of the Navie from our Frith, and armies from our
Borders.

8. It is likelie that matters of so great importance as is now to be
intreated upon, cannot so shortlie be brought to ane conclusion as
necessitie requires, by interchanging of Letters and intercourse of
messingers. It doth, therefore, seeme convenient that a conference were
appoynted betwixt some of the Nobilitie of England and some of our
Nobilitie in some convenient place upon the Border March, so speedilie
as may be, which, doubtlesse, will prove the most comodious way to
accomodat bussinesse shortlie.

       *       *       *       *       *

1639.—May.

44. _The Oath of Alleadgeance._[206]

I, A B, doe swear, before the Almichtie God that I will bear all
faithfull alleadgeance to my true and undoubted Soveraigne Lord,
King Charles, who is lawfull King of this Island, and all other his
Kingdomes and dominions, both by land and sea, by the laws of God
and man, and by lawfull succession; and that I will constantlie and
chearfullie, even to the uttermost of my power and hazard of my life,
constantlie oppose all seditions, rebellions, conspiracies, Covenants,
conjurations, and treasons quhatsomever, raised up or sett by against
his Royall Dignitie, crowne, or persone, under what pretence or cullour
whatsomever; and if it shall come, were it under pretence of religion,
I hold it more abhominable before God and man: and this Oath I take
voluntarlie, in the true faith of a good Christian and loyall subject,
without any equivocation or mentall reservation, in whatsoever frame,
whilk I hold no power upon earth can absolve me in any parte.

God Save the King!

       *       *       *       *       *

1639.—May 29.

45. _Letter from the King to Hamilton._[207]

HAMILTON,

Having much Business, I refer you to Master Treasurer; yet this I think
necessary to pass under my own Hand, (because of a Clause in yours of
the 26th of this Moneth) that I am so far from having the least hint
in my heart against you, that I would think my self a happy Man, if I
could be as confident in the Faith, Courage, and Industry of the rest
of my Commanders and Officers, as I am of you; which makes me really to
be

  Your assured constant Friend,
  CHARLES R.

  Berwick,
  May 29ᵗʰ 1639.

       *       *       *       *       *

1639.—May 29.

46. _Heads of Conference betwixt Hamilton and some Covenanters._[208]

The whole Discourse (so far as I can remember of it) may be reduced to
these Heads.

Their Invitation of your Excellence to go in person to His Majesty, to
present their Desires, and to mediate for an Accommodation.

To this your Excellence answered,

First, that having full power from His Majesty to treat and conclude of
all things concerning that Business, you held it unnecessary to go to
him.

Secondly, your Excellence thought it unfit, you having so great a
Charge here, which required your presence, and they having propounded
nothing that could give sufficient occasion to such a Voyage to
undertake it.

Thirdly, that if the distance from His Majesty were thought by them
to be a hindrance to the Treaty, they might address themselves to His
Majesty by such of the Nobility as were about him, who was not distant
above threescore and twelve miles from the Leaguer.

They replied, that things would be more facilitated by your
Excellence’s being there, wishing, that as you had a part in the
beginning of these Affairs, you might have the Honour to put an end to
them.

Your Excellence returned, that the Lords Traquair and Roxburgh, who
were now with His Majesty, were imployed in them before you; which they
acknowledged, but wished it had never been, confessing that they were
spoiled before you had the managing of them.

Concerning a Cessation of Acts of Hostility, both by Sea and upon the
Frontiers, where they complained of divers Insolencies committed by the
Horse-troops of His Majesty; your Excellence answered, That in what
concerned the first, you had committed none since your coming hither:
true it was, you had stayed and taken many Barques and Boats, but some
of them you had dismissed without touching any thing that they had
in them; and these from whom you did take to supply your uses, you
had paid them for it: that this day you had sent to Burnt-Island, and
would doe so to other Places, to offer them full permission of Trade,
provided they would swear not to carry Arms against His Majesty, and
take the Oath of Fidelity; and for the Fishermen you required no Oath.

As for the other, namely some pretended Insolences upon the Frontiers,
you knew of none, and believed not any; and if there was any it
was their fault, by their deferring to return to their Obedience
to His Majesty: and when they made Instance in some particulars,
your Excellence did cut them short, and said, That it was an unfit
thing, and nothing conducible to make an end of Business, for them
to stand upon those Punctilios with their Soveraign; and for your
particular, you would never be an Instrument of any dishonourable Act
to His Majesty, such as would be the engaging him not to correct the
Misdemeanours of his Subjects: that you had made a like Answer when you
was demanded for Pass-ports to those that should come to you; which you
had rejected, as judging it dishonourable for His Majesty to grant, or
any of his Subjects to ask or capitulate with His Majesty for.

They pressed to know what His Majesty required of them, and what
would be the extent of his condescending to their Desires in point of
Conscience, namely touching Bishops, and the Acts of the last General
Assembly; wherein they said if they might have satisfaction, they would
cast at His Majesties feet their Bodies and Fortunes, to be disposed of
at his Pleasure.

In answer to this your Excellence caused me read His Majesties
Proclamation, wherein desiring to be cleared of His Majesties
Intentions, in the particular of the Civil Obedience, your Excellence
said, it was the retiring with their Troops, laying down their Arms,
and the Nobilities waiting on him with their swords onely upon the
Frontier, the restoring of his Majesties Castles unto such as His
Majesty should appoint, and the demolishing of their own Fortifications
unlawfully erected, and the like.

As for the enjoying of Liberty of Religion, wherein likewise they did
press to know how far His Majesty would condescend to their humble
Supplications, as likewise in the point of the Acts of the last
pretended General Assembly, your Excellence answered, It would be so
far as the Laws of the Kingdom did permit.

They asked who should judge of these Laws, and of their intention, and
if it might be decided by a General Assembly: your Excellence answered,
Yes, and that either His Majesty would call one, or your self, as His
Majesties High Commissioner.

They desired to know if His Majesty would stand to the Award of such an
Assembly, especially in what concerned the Acts of the later.

Your Excellence answered, His Majesty was not bound to it, as having
his Negative Voice; which they not acknowledging, your Excellence
added, that notwithstanding you were confident, that whatsoever should
be agreed on by such an Assembly, called by His Majesties Command, and
where the Members should be legally chosen, His Majesty would not onely
consent unto them, but have them ratified in Parliament.

They desired your Excellence would limit them a time wherein to return,
and treat further with you, with full power to conclude all things
wherein they desired not to be pressed with scantiness of time, in
regard of the Nobilities being dispersed in several places of the
Country.

Your Excellence answered, it should be when themselves would, were it
tomorrow or a moneth hence; for you assured them, they would find you
so long in these quarters.

Lastly, they desired to know, what they might report of what your
Excellence had assured them of His Majesties Intentions concerning
Religion and the General Assembly.

Your Excellence answered, that as they brought no Commission to treat
of all these particulars, but kept themselves within the limits of the
Contents in their Letters, you would doe accordingly in your Answer,
and that in writing they should receive something to-morrow.

       *       *       *       *       *

1639.—June 2.

47. _Letter from the King to Hamilton._[209]

HAMILTON,

This day I received yours by the Lord Seaton, and find your Opinion
therein very good, if I might spare so many men; but every one, (that
I dare consult with about this) protesteth against the diminishing of
one man from my Army: besides, I have no mind to stay here upon a meer
Defensive, which I must do, if I send you that Strength you mention.
Likewise I think that I have my Lord Hume sure, and am reasonably
confident of my Lord Johnstown; I have good hopes too of Queensberry,
and the Scots; therefore, all these things considered, it were a
shame if I should be idle. Wherefore now I set you loose, to doe what
mischief you can doe upon the Rebels for my Service, with those men you
have; for you cannot have one man from hence. Leaving the rest to the
relation of this honest Bearer, I rest

  Your assured constant Friend,
  CHARLES R.

  Camp near Berwick,
  2 June 1639.

       *       *       *       *       *

1639.—June 4.

48. _Letter from Sir Harry Vane to Hamilton, and P.S. by the King._[210]

MY LORD,

By the Dispatch Sir James Hamilton brought your Lordship from His
Majesties Sacred Pen, you were left at your liberty to commit any act
of Hostility upon the Rebels, when your Lordship should find it most
opportune: since which my Lord Holland with 1000 Horse and 3000 Foot
marched towards Kelso, himself advanced towards them with the Horse
(leaving the Foot three miles behind) to a Place called Maxwel-heugh,
a height above Kelso; which when the Rebels discovered, they instantly
marched out with 150 Horse, and (as my Lord Holland says) eight or ten
thousand Foot; five or six thousand there might have been. He thereupon
sent a Trumpet commanding them to retreat, according to what they had
promised by the Proclamation. They asked whose Trumpet he was, he said
my Lord Holland’s; their answer was, he were best to be gone. And so my
Lord Holland made his Retreat, and waited on His Majesty this night, to
give him this account.

This morning Advertisement is brought His Majesty, that Lesley with
12,000 men is at Cockburns-path, that 5000 men will be this night or
to morrow at Dunce, 6000 at Kelso; so His Majesty’s opinion is, with
many of his Council, to keep himself upon a Defensive, and make himself
here as fast as he can: for His Majesty doth now clearly see, and is
fully satisfied in his own Judgement, that what passed in the Gallery,
betwixt His Majesty, your Lordship, and my Self, hath been but too much
verified on this occasion. And therefore His Majesty would not have
you to begin with them, but to settle things with you in a safe and
good posture; and yourself to come hither in person, to consult what
Counsels are fit to be taken, as the Affairs now hold. And so wishing
your Lordship a speedy passage, I rest

  Your Lordships most humble Servant,
  and faithful Friend,
  H. VANE.

  From the Camp at
  Huntley-field this
  4ᵗʰ of July [June] 1639.

Having no time to write my Self so much, I was forced to use his Pen;
therefore I shall only say, that what is here written, I have directed,
seen, and approved.

C. R.

       *       *       *       *       *

1639.—June [7 or 8.]

49. _Supplication by the People of Scotland to the King._[211]

TO THE KINGS MOST EXCELLENT MAJESTIE,

The Supplication of His Majesties Subjects of Scotland,

Humbly sheweth,

That where the former meanes used by us have not beene effectuall for
recovering your Majesties favour, and the peace of this your Majesties
native Kingdome, we fall doune againe at your Majesties feete, most
humbly supplicating that your Majestie would be graceouslie pleased to
appoynt some few of the many worthie men of your Majesties Kingdome of
England, who are well affected to the true religion, and to our common
peace, heareby some of us of the same disposition, our humble desires,
and to make known to us your Majesties graceous pleasure; that, as by
the providence of God we are joyned in one Island under one King, so,
by your Majesties great wisdome and tender care, all mistakeing may
be speedilie removed, and the two Kingdomes may be kept in peace and
happinesse under your Majesties long and prosperous reigne; for which
we shall never cease to pray, as becometh your Majesties most humble
Subjects.

       *       *       *       *       *

1639.—June 7.

50. _The Answer sent from the King by Sir Edmond Verney._[212]

The Kings Majestie having read and considered the humble supplication
presented unto him by the Earle of Dumfermling, hath commanded me to
returne this answer—That whereas his Majestie hath published a graceous
Proclamation to all his subjects of Scotland, whereby he hath given
them full assurance of the free enjoying both of Religion and Lawes
of that Kingdome, and likewise a free pardon, upon their humble and
duetifull obedience; which Proclamation hath been hitherto hindred to
be published to most of his said subjects; Therefore, his Majestie
requires, for the full information and satisfaction of them, that the
said Proclamation be publictlie read. That being done, his Majestie
will be graceouslie pleased to heare any supplication of his subjects.

       *       *       *       *       *

1639.—June 8.

51._ Sir Edmond Verney, his Memento of the Answer from the Scotts
Noblemen._[213]

His Majesties Proclamation which I desired, in his Majesties name, to
be published, wes called for by the Noblemen and others conveened to
heare his Majesties graceous desire, and, with all due reverence, was
read and heard; unto which these Answers were made:—

That they are most willing, in all humilitie, to receave his Majesties
just commandment, as becometh loyall subjects: That the Estates being
convened for holding the Parliament called by his Majestie, had
receaved, from the Magistrats of the towne of Edinburgh, a copie of
this Proclamation, which his Majesties High Commissioner had commanded
them to publishe; and the said Estates, considering thereof seriouslie,
did returne thir reasons to his Majesties Commissioner, why it could
not be published, which they doe conceave were represented to your
Majestie by your Commissioner, and thereunto they still adhere.

1. And ane of the reasons which I did heare from them was, that this
Proclamation did not come in the ordinary and legall way—by his
Majesties Counsell—which both is the law, and hath been the perpetuall
custome of this Kingdome, and was acknowledged by the whole Counsell,
ever since the beginning of this Commotion. In the presence of his
Majesties Commissioner it was remembered also, that both his Majesties
Counsell and Senatours of the Colledge of Justice, being divers tymes
since conveined, did testifie their dislyke thereof.

2. Another reason was, that they found it to be most prejudiciall to
his Majesties honour, who is desirous to govern according to law.

3. A third was, that it was destructive of all their former
proceedings, as traterous and rebellious, which, notwithstanding, they
mentaine to be religious and loyall.

4. A fourth was, that whereas the meanest subject cannot be declaired a
tratour by proclamatioun, nor his estate forfect but after citation and
conviction in Parliament, or the Supreme Justice-Court, yet herein the
whole bodie of the Kingdome, without any citation or conviction, are
declaired rebellis and tratours, and their estates disponed to their
vassells and tennents.

A last was, that they were persuaded this did not flow from his
Majesties royall disposition, but from men evill affected to the peace
of the Kingdome; and that this was so farre from giving satisfaction
to his Majesties subjects, that it so dissolved all the bonds of
union betwixt his Majestie and his native Kingdome, that there could
be no hope of accommodation modation of effaires thereafter in a
peaceable way, which hath ever been their desire; and that they were
confident that his Majestie would take in his royall consideration how
illegall in maners, and prejudiciall in matters, this is, both to his
Majesties honour, and the weill of his Kingdome, and especiallie to
the intendit pacification; and that his Majestie will be well pleased
to send a graceous answer to their humble Supplication sent by my Lord
Dumfermling.

       *       *       *       *       *

1639.—June 8.

52. _The King’s Answer._[214]

At the Kings Campe, the 8 of Junii 1639.

His Majestie having understood of the obedience of the Petitioners in
reading his Proclamation as was commanded, is graceouslie [pleased]
so farr to condescend to their Petition, as to admit some of them
to repaire to his Majesties campe upon Munday next, at 8 a clock in
the morning, at the Lord Generalls tent, where they shall find six
persones of honour and trust, appoynted by his Majestie, to heare their
humble desires.

JOHNE COOK.

       *       *       *       *       *

1639—June 8.

53. _The Scotts Desire and Draught of a Safe Conduct._[215]

Whereas the Subjects of our Kingdoms of Scotland, have humbly
supplicated that we may be graceouslie pleased to appoynt some of
this our kingdome to heare, by such as shall be sent from them, their
humble desires, and to make knowne to them our grave pleasure; unto
which Supplication we condiscend so farre as to admitt some of them to
repaire to our campe, upon Munday, at 8 of the clock in the morning;
and, becaus they may apprehend danger in their comeing abroad, or
returning, we doe offer them, upon the word of a Prince, that the
persones sent from them shall be safe and free from all trouble and
restraint, whereof these shall be a sufficient warrant.

       *       *       *       *       *

We trust His Majestie will favourablie construct this our humble
requyreing of a safe conduct, since, when our confidence is in his
graceous Majestie, we desire no further but assurance under his royall
hand—albeit, by statuts of England which were before cited to my Lord
Dalyell—all assurance and conducts are declaired to be null, if they
have not passed the Great Seale of England.

The Proclamations published throughout the paroche churches of
England, and these later sent to be published in Scotland, declairing
us His Majesties subjects to be Rebellis, and our proceedings to be
treacherous, forefeiting our estates, and threatening to destroy us,
lay a necessitie upon us who desire to cleare ourselres, to crave a
safe contact to his Majestie.

The former refusall of a safe conduct to His Majesties Councell and
Session; when they craved libertie to goe up and informe His Majestie
of the true estate of our bussinesse, and to ourselves, when we desired
libertie to cleare out proceedings and intentions to His Majestie,
showes the greater necessitie of our craving the same for to give a
full and free information of our affaires.

This refusing of a safe conduct being knowne to the Army, makes them
more unwilling then before, that any should goe there.

Hereupon the former warrant of a safe conduct, subscryved be John Cook,
was alse subscryved be the King.

       *       *       *       *       *

1639.—June 8.

54. _The Humble Desires of His Majesties Subjects of Scotland, at the
first going of the Scotts Commissioners._[216]

1. First, It is our humble desire that His Majestie would be
graceouslie pleased to assure us that the Acts of the late Assembly at
Glasgow, indicted by His Majestie, shall be ratified in the ensuing
Parliament, to be holden at Edinburgh the 23 of Julii, since the peace
of the Kirk and Kingdome cannot indure farther prorogation.

2. That His Majestie, from his tender care of the preservation of
our religion and lawes, will be graceouslie pleased to declaire and
assure that it is his royall will, that all matters Ecclesiasticall
be determined by the Assemblies of the Kirk, and matters civill by
Parliament, which are for His Majisties honour, and keeping peace
and order amongst the subjects in the tyme of His Majesties personall
presence.

3. That a blessed pacification may be speedilie brought about, and
His Majesties subjects may be secured, our humble desire is, that
His Majesties schippes and forces by land may be recalled; that all
persons goods and schipps arreasted, may be restoired; the losses
which we have sustained by the stoping of our trade and negotiating,
be repaired, and we made safe from violence and invasion; and that all
excommunicat persons, all incendiaries and misinformation against the
kingdome, who hes, out of malice, caused these commotions for their
owne privat ends, may be returned to suffer their deserved punishment,
and the Proclamations sent abroad by them under His Majesties name,
to the dishonouring of the King and defameing of the kingdome, may
be suppressed; as these are our humble desires, so it is our griefe
that His Majestie should have been provoked to wrath against us His
Majesties most humble and loyall subjects, and shall be our delight,
upon his Majesties assurance, of the preservation of our religion and
lawes, to give example to uthers of all civill and temporall obedience
which be required or expected of loyall subjects.

That our desires are only the injoying of our religion and liberties,
according to the ecclesiasticall and civile lawes of his Majesties
kingdome, to cleare by sufficient grounds that the particulars which we
humbly crave are such, and shall not insist to crave any pairt which is
not so warranted, and that we humblie offer all civill and temporall
obedience to his Majestie which can be required or expected by loyall
subjects.

_Reasons and grounds of our humble desires._

I. We did first desire a ratification of the late General Assembly in
the insuing Parliament.

First, Becaus the civill power is keeper of both Tables; and, wherever
the Kirk and Kingdome are ane bodie, consisting of the same members,
there can be no firme peace nor stabilitie of order, except the
ministers of the Kirk, in their way, presse obedience of the civill
law, and magistrate and their civill power, and their sanction and
auctoritie of the constitutions of this Kirk.

2. Secondlie, Becaus the late Generall Assemblie, indicted by his
Majestie, was lawfullie constitut in all the members, according to the
institution and orders prescryved by the Acts of former Assemblies.

3. Thirdlie, Becaus no particular is inacted in the late Assemblie
which is not grounded upon the Acts of preceding Assemblies, and is
either expressly contained in them, or, by necessarie consequent,
may be deduced from them: That the Parliament be keeped without
prorogation, his Majestie knowes how necessar it is, since the peace of
the Kirk and Kingdome call for it without longer delay.

II. We did secondlie desire that his Majestie would be pleased to
declaire and assure, that it is his royall will that all matters
ecclesiasticall be determined by the Assemblies of the Kirk, and
matters civile by the Parliament, and other inferior judicatories
established by law; becaus we know no other way of preservation of our
religion and lawes, and becaus matters so different in nature ought
to be treated respective in their owne propper judicatories. It was
also desired that Parliaments might be holden at sett tymes, as once
in two or thrie years, by reason of his Majesties personall absence,
which hindereth his subjects in their complaints and grievances to have
immediat accesse to his Majesties presence.

And whereas his Majestie requires us to limite our desires to the
injoying of our religion and liberties, according to ecclesiasticall
and civile lawes respective, that we never intend further then the
injoying of our religion and liberties, and that all this tyme past
it was far from our thoughts to diminish the auctoritie of our native
King and dread Soveraigne, or to make any invasion upon the kingdome of
England, which are the calumnies forged and spread against us by the
malice of our adversaries, and for which we humbly desire that in his
Majesties justice they may have their owne censure and punishment.

III. Thirdlie, we desired a blessed pacification, and did express the
most readie and powerfull means which we could conceave for bringing
the same speedilie to passe, leaving other meanes serving for that end
to his Majesties royall consideration and grave wisdome.

_Answer to the Querees propounded by his Majestie._

The querees propounded by his Majestie, are—First, Whither his Majestie
hath the power of the sole indiction of the Generall Assembly?

Secondlie, Whither his Majestie hath a negative voice in Assemblies?

Thirdlie, Whither the Assembly may sitt, after his Majestie, by his
auctoritie, hes discharged them to sitt?

I. Unto all which we answer, First, That it is propper for the Generall
Assembly, by itselfe, to determine questions of this kinde; and it is
no lesse than usurpation in us, which might bring upon us the just
censure of the Generall Assembly, to give out determination.

II. Secondlie, The answering of ane of these three demands is the
answering of all; for if the sole indiction of the Generall Assembly
doe belong to his Majestie, there needs no question about the negative
voice and dissolving of Assemblies. Next, if his Majestie hes a
negative voice, there needeth no question concerning the indiction and
discharging. Thirdlie, If his Majestie may discharge the Assembly,
there needeth no question about the other two.

For our partes, we doe humbly acknowledge that the Kings Majestie
hath power to indict the Assemblies of the Church, and whensoever
in his wisdome he thinketh convenient he may use his auctoritie in
conveining Assemblies of all sorts, whether generall or particular. We
doe acknowledge also that the solemn and publict indiction, by way of
proclamation and compulsion, doth belong propperlie to the Magistrat,
and can neither be given to the Pope nor to any forragne power, nor can
it, without usurpation, be claimed by any of his Majesties subjects;
but we will never thinke but that in case of urgent and extreme
necessitie, the Church may, be her selfe, convene, continow, and give
out her owne constitutions for the preservation of religion.

1. God hath given power to the Church to conveene; the love of God hath
promised his assistance to them being conveened; and the Christian
Churches hes, in all ages, used this as the ordinary and necessarie
meanes for establishing of religion and pietie, and for removeing of
the evills of heresie, scandalles, and uther thinges of that kind,
which must be, and would bring the Church to be in miserie, if by this
powerfull remeadie they will not be cured and prevented.

2. Secondlie, According to this divine right, the Church of Scotland
hath kept her Generall Assemblies with a blessing from heaven; for
whill our Assemblie hath continowed in their strenth, in the doctrine,
in the worship and discipline, the unitie and peace of the Church
continowed in vigour, pietie and learning wer advanced, and profanenes
and idlenes wer censured.

3. The Church of Scotland hath declaired, that all ecclesiasticall
Assemblies hath power to conveene lawfullie for treating of things
concerning the Church and pertaining to their charge, and to appoynt
tymes and places for that effect.

4. The liberties of this Church for holding Assemblies is acknowledged
by Parliament, and ratified anno 1593 [1592] and that upon the ground
of perpetuall reason.

5. Becaus there is no ground, either by Act of Assembly or Parliament,
or any preceding practice, neither in the Christian Church of old,
nor yet in our owne Church since the Reformation, whereby the Kings
Majestie may dissolve the Generall Assembly, or assume unto himselfe
a negative voice; but, upon the contrare, his Majesties prerogative
hes [is] declared by Act of Parliament to be no wayes prejudiciall to
the priviledges and liberties which God hath granted to the spirituall
office-bearers of his Church, which are most frequentlie ratified
in Parliament, and especiallie in the last Parliament holden by his
Majestie.

6. By this meanes, the whole frame of religion and Church Jurisdiction
shall depend absolutelie upon the pleasure of the Prince; whereas
his Majestie hath publictlie declared, by publict proclamation in
England, that the Jurisdiction of the Churchmen, in their meetings and
Courts holden by them, doe not flow from his Majesties auctoritie,
notwithstanding any Act of Parliaments which hath beene made to the
contrare, but from themselves, in their owne power; and that they hold
their courts and meeting in their oune name.

7. That whereas His Majestie, upon the 12 of June, receaved a paper of
the schort generall grounds and limits of their humble desires, his
Majestie was graceouslie pleased to make this answer, viz., that if
their desires be only the enjoying of religion and liberties, according
to the ecclesiasticall and civill lawes of his Majesties Kingdome of
Scotland, his Majestie doth not onlie agrie to the same, but shall
also protect them to the uttermost of his power; and if they shall not
insist upon any thing but that which is warranted, his Majestie most
willinglie and readdilie [will] condiscend thereto; so that, in the
mean tyme, they pay unto him that civill and temporall obedience which
can be justlie required and expected of Loyall Subjects.

       *       *       *       *       *

1639.—June 18.

55. _Declaration by the King, and Terms of the Treaty._[217]

CHARLES R.

We having considered the Papers and humble Petitions presented to Us,
by those of Our Subjects of Scotland who were admitted to attend Our
Pleasure in the Camp, and after a full hearing by Our Self, of all
that they could say or alledge thereupon, having communicated the same
to Our Council of both Kingdoms, upon mature Deliberation, with their
unanimous Advice, have thought fit to give them this Just and Gracious
Answer; That though We cannot condescend to ratifie and approve the
Acts of the pretended General Assembly at Glasgow, for many grave and
weighty Considerations which have happened, both before and since, much
importing the Honour and Securitie of that true Monarchical Government
lineally descended upon Us from so many of Our Ancestours; yet such
is Our Gracious Pleasure, that, notwithstanding the many Disorders
committed of late, We are pleased not only to confirm and make good
whatsoever Our Commissioner hath granted and promised in Our Name; but
also, We are further Graciously pleased to declare and assure, that,
according to the Petitioners humble Desires, all matters Ecclesiastical
shall be determined by the Assembly of the Kirk, and matters Civil by
the Parliament, and other inferiour Judicatories established by Law;
and Assemblies, accordingly, shall be kept once a year, or as shall be
agreed upon at the next General Assembly.

And for settling the general Distractions of that Our Ancient Kingdom,
Our Will and Pleasure is, that a Free General Assembly be kept at
Edinburgh the sixth day of August next ensuing, where We intend (God
willing) to be personally present, and for the Legal Indiction whereof,
We have given Orders and Command to Our Council; and thereafter a
Parliament to be holden at Edinburgh the twentieth day of August next
ensuing, for ratifying of what shall be concluded in the said Assembly,
and settling such other things as may conduce to the Peace and Good of
Our Native Kingdom, and therein an Act of Oblivion to be passed.

And whereas We are further desired, that Our Ships and Forces by Land
be recalled, and all Persons, Goods, and Ships be restored, and they
made safe from Invasion, We are Graciously pleased to declare, That
upon their disarming and disbanding of their Forces, dissolving and
discharging all their pretended Tables and Conventicles, and restoring
unto Us all our Castles, Forts, and Ammunitions of all sorts, as
likewise Our Royal Honours; and to every one of Our good Subjects
their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and
detained from them since the late pretended General Assembly, We will
presently thereafter recall Our Fleet and retire Our Land-Forces, and
cause Restitution to be made to all persons, of their Ships and Goods
detained or arrested since the aforesaid time: whereby it may appear,
that Our Intention in taking up of Arms was no ways for invading Our
Own Native Kingdom, or to innovate the Religion and Laws, but mainly
for the maintaining and vindicating of Our Royal Authority.

And since that hereby it doth clearly appear, that We neither have,
nor do intend any Alteration in Religion and Laws, but that both shall
be maintained by Us in their full Integrity, We expect the Performance
of that humble and dutiful Obedience, which becometh loyal and dutiful
Subjects, and as in their several Petitions they have often professed.

And as We have Just Reason to believe, that to Our peaceable and
well-affected Subjects this will be satisfactory; so We take God and
the World to witness, that whatsoever Calamities shall ensue by Our
necessitated suppressing of the Insolencies of such as shall continue
in their Disobedient Courses, is not occasioned by Us, but by their own
procurement.

       *       *       *       *       *

[After this the following Articles were signed:]

I. The Forces of Scotland to be disbanded and dissolved within
eight-and-fourty hours, after the publication of His Majesties
Declaration being agreed upon.

II. His Majesties Castles, Forts, Ammunition of all sorts, and Royal
Honours, to be delivered after the Publication, so soon as His Majesty
can send to receive them.

III. His Majesties Ships to depart presently after the delivery of
the Castles, with the first fair Wind, and, in the mean time, no
interruption of Trade or Fishing.

IV. His Majesty is Graciously pleased to cause to restore all Persons,
Goods, and Ships, detained and arrested since the first of November
last.

V. There shall be no Meetings, Treatings, Consultations, or
Convocations of His Majesties Lieges, but such as are warrantable by
Act of Parliament.

VI. All Fortifications to desist, and no further Work therein, and they
to be remitted to His Majesties Pleasure.

VII. To restore to every one of His Majesties Subjects their Liberties,
Lands, Houses, Goods, and Means whatsoever, taken and detained from
them, by whatsoever Means, since the aforesaid time.

       *       *       *       *       *

[Next, the Commissioners signed the following Note:[218]]

In the Campe, 18 Junii 1639.

In obedience to His Majesties Royal Command, we shall, upon Thursday
next, the 20th of this June, dismisse our Forces, and immediatelie
thereafter deliver His Majesties Castles, and shall ever, in all
thinges, carry ourselves like Humble, Loyal, and Obedient Subjects.

  Rothes,
  Dumfermline,
  Lowden,
  W. Douglas,
  Al. Henderson,
  Arch. Johnstown.

       *       *       *       *       *

1639.—June.

56. _The Scottish Armies Declaration concerning the Acceptation of the
Kings Majesties Answers._[219]

Least his Majesties Declaration, of the date Junii 18, concerning ane
answer to our humble desire, presented by our Commissioners, should
either be mistaken by our well-affected, or wilfullie misconstrued
by the malitious, whereby his Majesties justice and goodnes may be
concealled, or his Majesties good subjects may appear to have done or
admitted any poynt contrare to our oath of Covenant; the Generall,
Noblemen, Barrons, Burgesses, Ministers, and Officers conveined before
the dissolving of the Army, have thought it necessary to put in write
what was related to them by their Commissioners from his Majestie—To
witt, That, as his Majestie declared that he would not acknowledge nor
approve of the late Generall Assembly holden at Glasgow, for which
cause it is called in his Majesties Declaration “a pretendit Assembly;”
so was it not his Majesties mynd that any of the Petitioners, by their
acceptance of the said Declaration, should be thought to disapprove or
parte from the samen, or condemne their owne proceedings as disorders
and disobedient courses; and, therefore, as they doe intreat all his
Majesties good subjects, with submisse and heartie thanksgiving,
to acknowledge and confesse his Majesties favour, in indicting a
free Assembly, to be keept the 6 of August, and Parliament 20, for
ratifieing of what shall be concluded in the Assembly as the propper
and most powerfull meanes to settle this Church and Kingdome: so would
they have all his Majesties good subjects to know, that, by accepting
the said Declaration and Articles of Pacification joyned therewith,
they doe not, in any sort or degrie, disclaime or disallow the said
Assemblie, but that they still stand obleidged to adhere thereto,
and obey and mentaine the same; and for preventing and mistaking
all misconstructions, let this be made knowne to all persons, and
in all places where his Majesties declarations shall be published,
which, as it is his Majesties oune mynd, expressed diverse tymes to
our Commissioners, so are we assured that it will serve much for his
Majesties honour, for the satisfaction of the godlie, and for the
promoting of this blessed pacification for which all of us ought
earnestlie to pray unto God, to remember also our late Oath and
Covenant, and to walk worthie of it, and to beseech the Lord that, by
the approaching Assembly and Parliament, religion and righteousness may
be established in the land.

       *       *       *       *       *

1639.—June.

57. _Some Heads of His Majesties Treatie with his Subjects in Scotland
before the Inglish Nobilitie, and sett downe here for remembrance._[220]

1. For the preface and conclusion of his Majesties last Declaration,
although it contained hard expression of the Subjects in Scotland, his
Majestie declaired that he had no such opinion of them, but requyred
the paper to stand for his credit, and for ane point of honour with
forraigne nations, and required they should not stand with him for
words and expressions. So they obtained the matter.

2. For calling of the late Assembly “_pretended_”—seeing the Subjects
of Scotland professed they would never passe from the said Assembly and
decries thereof, his Majestie declaires he did not acknowledge that
Assembly farder then as it had registrat his Declaration. So would he
not desire the subjects to passe from the samen.

3. Anent the Constitution of the Assembly, it was shawen his Majestie
that none could be Members of the Assembly but such as had a
Commission, viz., 2 or 3 Ministers from each Presbetrie, with a Rewling
Elder, ane from each Burgh, and his Majestie or his Commissioner. His
Majestie concluded that his assessour had vote; and upon ane expression
in his Majesties declaration, referred that to some reasons contained
in former proclamations, which wer utterlie against the lawfulnes of
Ruleing Elders, was desired, according to the custome of this Kirk, all
controversies ariseing should be remitted to the Assembly itselfe. His
Majestie had some expressions craving these to be remitted to himselfe;
but seeing that it was against the Constitution of the Kirk to have any
other judge but the votters in the Assembly, where his Majestie or his
Commissioner was present, and gave the first vote, “Free Assemblie,”
in his Majesties Declaration, did import the freedome in judging all
questions ariseing there anent Constitutions, Members, or matters.

4. Anent the restitution of the Castles; as the subjects did it
freelie, so did they expresse that which might concerne the safetie
of the countrie. They referred that to the tyme of the Parliament,
at which tyme they would signifie their desires by petition to his
Majestie; as also, they told it had cost much charges in fortifieing
and keeping thereof—the representation whereof to his Majestie they
referred to that tyme.

5. Concerning the restitution of persons, houses, goods, &c., required
by his Majesty, it was promised, provyding that the great soumes of
money contracted for the publict were payed in ane equall way by all,
which behoved to be done either by Commission from his Majestie or from
the Parliament; and when it was objected that much good was spent that
was taken, the King answered, that as for goods or ammunition that was
alreadie spent, they could not be restored, but these that are extant
must be.

6. His Majestie not allowing of the late Assemblie, for the reasons
contained in his severall proclamations, being excepted against as
presupposing and importing a declaration of His Majesties Judgement
against ruling elders, which prejudged the right constitution of a free
Assembly; His Majestie, after a full hearing, deleited that clause.

7. That parte of his Majesties declaration, which beares that no
[other] oath be exacted of entrants than that which is contained in
the Acts of Parliament, as also that clause bearing that the present
Bischops, &c., shall be sensurable by a Generall Assembly—being
excepted against as presupposing and importing the continowance of
Episcopacie, which we could not acknowledge, as being incompatible with
the Confession of Faith and Constitutions of the Church;—his Majesty
was pleased to deleite both these clauses.

And being, with all constancie and humilitie, pressed upon Saturday,
Junii 15, that his Majestie would satisfie that maine desyre of his
subjects, by declairing that his Majestie would quyte Episcopacie,
he did answer that it was not sought in our desires: and when it
was replyed that our first desires to have the Acts of the Generall
Assembly ratified, [it] imported the same, his Majestie acknowledged
it to be so, and averred that he did not refuse it, but would advise
till Munday the 17, at which tyme his Majestie being pressed to give
some specification of quyteing Episcopacie,—and it being plainly
showed that, if his Majesty should labour to mentaine Episcopacie, it
would breid a miserable shisme in this Church, and make such a rupture
and divisione in this Kingdome as would prove incurable; and if his
Majestie would let the Kirk and Countrie be freed of them, his Majestie
would receave as heartie and duetifull obedience as ever Prince
receaved of a people;—his Majestie answered, he would not prelimite and
forstall his voice; but he had appoynted a free Assemblie, which might
judge of ecclesiasticall matters, the constitutions whereof he should
ratifie in the ensuing Parliament.

       *       *       *       *       *

1639.—July 1.

58. _Proclamation of the Assemblie to be held in August._[221]

  Apud Halyrudhous, primo Julii 1639.
  Sederunt, &c.

Forsameikle as the Kings most Sacred Majestie, by his Graceous
proclamation lately published, of the date the [16] of Junii last,
hes beene pleased, out of his pious and religious disposition to the
trew religion, and out of his fatherlie care for removeing all feareis
and doubtis whilks may arryse in the myndis of his subjectis, and upon
diverse great and weightie considerations importing the glorie of God,
the peace of the Kirk, and commonweele of the Kingdome, to appoynt and
give order that a Generall Assemblie be indicted, kept, and haldin in
the Citie of Edinburgh upon the twelff of August next to come, with
continowation of dayes: Therefore the Lordes of Secreit Counsel,
according to his Majesties warrand and direction given to thame in
writt, ordains Letters to be direct, chargeing his Majesties Herauldes
to pass and make publication heirof be opin proclamation at the Mercate
Croce of Edinburgh, and other places needfull, and to warne all and
sundrie Archbishops, Bishops, Commissioners of Kirks, and others having
place and voice in the Assemblie, to repaire and addresse themselves to
the said Citie of Edinburgh the said twelff day of August nixt to come,
and to attend the said Assemblie dureing the tyme thereof, and ay and
whil the same be dissolved, and to doe and performe all whilk to thair
charge, in sic caises apperteanes, as they will answer in the contrare
at their perrel.

Followes his Majesties Missive for warrand of the Act abouewritten.

CHARLES R.—Right trustie, &c. Having, by our Declaration of the date
of the 18ᵗʰ of this moneth, signified our pleasure for holding a
Generall Assemblie at Edʳ, where we intend to be (God willing) present
in person: It is our pleasure that yow meit the said Assemblie, to be
halden the twelff day of August nixt in the place aforesaid—causeing
warne to that purpose all Archbishops, Bishops, Commissioners of Kirks,
and others haveing place and voice in the Assemblie, according to the
proclamation made for the indiction of the late pretendit Generall
Assemblie at Glasgow, for which these presents sal be your warrand. Wee
bid yow fareweille. from our Court at Berwick, the 29ᵗʰ of June 1639.

       *       *       *       *       *

1639.—July 1.

59. _A Protestation at tht Mercat Croce of Edinburgh, 1 of Julii
1639._[222]

We Noblemen, Barons, Burrowes, Ministers, his Majesties most humble
duetifull Subjects, who hes beene his Majesties Supplicants this
tyme past, doe, in all humilitie acknowledge, and with most heartie
affection receave, that his Majesties most gracious and royall favour,
in calling againe a free Assembly and Parliament for the finall
settling of this Kirk and Kingdome in a firme Peace, so happily begune,
which we earnestlie desire that may be perfyted; desireing also, as
becometh his Majesties good Subjects, to joyne in our most earnest
endeavours with his Sacred Majestie for the preservation of the
liberties and Constitutions of the Kirk in this his Majesties Kingdome,
against the Usurpatione who have proven enemies to religion, to his
Majesties honour, and which may import the violation of the oath of
God which tyeth us to mentaine the lawfull Assembly holden at Glasgow,
wherein it was found, by the Constitutions of this Kirk, that the
office of Bishops and Archbishops [who] are now cited to assist (by
his Majesties indiction) the ensuing Assemblie; and the Government of
the Kirk by them, is abjured and ought to be removed out of this Kirk,
and by the publict auctoritie thereof, they themselves is, for their
high usurpations, their novations in the worship of God, and uther
haynous crymes, joyned with their obstinacie in stopting their eares
against the voice of the Kirk, and declyning hir auctoritie, were most
solemnlie excommunicat therefor. Least this forme of indiction should
interfere against us, the smallest acknowledgement of that pretendit
office or government, or any right in the presones to sitt or voice
in the Assemblies of the Kirk or derogation to the Sentence of the
Kirk, pronounced against them, or to the former protestations made by
us; or least it should import the least prejudice to the said full,
lawfull, and frie Generall Assembly, which his Majestie, by his Royall
word, and holden by us most sure and inviolable, did openly declair
to our Commissioners that he would not bidd us disapprove, or pass
fra; and was graciouslie pleased, at their humble desires, to cause
delait such clauses of his Majesties Declaration as might inferre the
acknowledgement of Bishops to their Government: WE, therefore, in our
own names, and in name of all who adheres to the Covenant and Generall
Assembly, DECLAIR, before God and Man, and PROTEST—

1. That we adhere, and stand oblidged by our former oathes and
protestations, to mentaine the late Generall Assembly holden at
Glasgow, being undoubtedlie ane most lawfull and free Generall
Assemblie; and that all Acts, Sentences, Constitutions, Censures
and Proceedings of a full and free Generall Assembly of this Kirk
of Scotland, and so have alreadie [had] execution under the
ecclesiasticall paines therein mentioned, and conforme thereto in
all poynts; and in speciall these sentences of deprivation and
excommunication of the some tyme pretended Bishops and Archbishops of
this Kingdome.

2. We PROTEST that we doe still continuwallie adhere to our Solemne
Covenant with God, according to the Declaration of the Assembly,
whereby the office of Bishops and Archbishops is declaired to have
beene abjured.

3. We PROTEST that these pretended Bishops and Archbishops who yet
usurpes that title and office, abjured by this kirk, are contemners
of the sentences of this Kirk, and hes beine malicious incendearies
of his Majestie against this kingdome by their wicked calumnies, that
if they returne to this kingdome, they be esteemed and used, accursed
and delivered over to the Divell, and cutt off from Christs bodie as
ethinicks and publicans; and that this present citation import no
acknowledgement of them as Members of the Assembly, nor any wayes
prejudge the lawfull Acts of the said free Generall Assembly.

4. We PROTEST that all misinformations of the Kings Majestie against
his good subjects, and all givers of counsell against the will of the
realme, be accuseable and censurable at the next Parliament, according
to our former protestations, according to the Act of Parliament King
James 4, there mentioned; and that all the subjects of this Kingdome,
entertainers and mentainers of excommunicat persons, be orderlie
proceeded against with excommunication, conforme to the Acts and
Constitutions of this Kirk.

And seeing the Session is now appoynted to sitt doune which tendeth
to the prejudice of his Majesties good subjects, and who hath beene
so latelie busied in the preparations for the defence of the religion
and countrie, that they are now necessarlie reteired to their owne
dwellings for settleing their privat effaires, that they cannot be
tymouslie advertised to attend any lawfull bussines without greater
prejudice than benefite, and that the most parte of the leidges have
so secured their evidents that the same cannot be in readines in so
short tyme of Session; Therefore, and in respect the downe sitting of
the Session cannot be utherwayes legallie intimat to them but upon 40
dayes, whereof there are but 20 dayes to run of the appoynted tyme
of this meeting, We _protest_ that all the Members of the Colledge
of Justice and all his Majesties Leidges are _in bona fide_ not to
attend this Session; but that all Acts, Sentences, Decreits, and
Interloquitours to be given and pronounced against them, (if any shall
be), are in the selfe null and ineffectuall, sicklyke as the same had
not beene given nor pronounced; and protests for remead of law against
the same and everie ane of them.

Lastlie, we PROTEST that we may have libertie to amplifie and enlarge
this our Protestation, and reasons thereof; whereupon the Earle of
Dalhoussie in name of the Noblemen, Sir Wᵐ Ross in name of the Burrows,
Mr Andrew Ramsay in name of the Ministers, took Instruments in the
hands of the Notars present in the Croce of Edinburgh.

       *       *       *       *       *

1639.—July 5.

60. _Advice by Hamilton to the King._[223]

To leave all that is past, the Question is briefly; Whether the
Assembly and Parliament now indicted is fittest to be held or
discharged?

If held, the Success of the Assembly will be the Ratifying of what was
done at Glasgow; or if that point be gained, yet certainly most of
the Acts that were made there will of new [be] enacted: nor is there
any hope to prevent their finding Episcopacy to be abjured by their
Covenant, and the Function against the Constitution of their Church.

This will be by the Members of Parliament ratified, and put to the
Kings Nagative Voice, and if it be not condescended to by him, it is
more than probable, that his Power even in that Court, and in that
Place, will be questioned.

If it be discharged, nevertheless the Assembly will be keeped by
the Rebels, and the same things done in it by them, and thereafter
maintained by the generality of the Kingdom: this consequently will
bring alongst with it the certain loss of Civil Authority, and so
necessitate the re-establishing the same by Force, or otherwise the
desertion of that Kingdom.

So it is to be resolved on, whether it be fit to give way to the
Madness of the People, or of new to intend a Kingly Way?

If way be given to what is mentioned, it is to be considered in that
case, if the King shall be personally present or not; if not present,
who shall be imployed, and how instructed?

If the Kingly Way be taken, what shall be the means to effectuate the
intended end; particularly how Money may be levied for the waging of
this War, and if that be feisible without a Parliament?

If a Parliament, what the Consequence may prove? So all may be summed
up in this; Whether to permit the Abolishing of Episcopacy, the
lessening of Kingly Power in Ecclesiastick Affairs, the Establishing
Civil Authority in such manner as the Iniquity of the Times will
suffer, and to expect better; and what will be the Consequence of this
if way be given thereto: or to call a Parliament in England, and leave
the event thereof to hazard and their discretions, and in the interim
Scotland to the government of the Covenanters?

       *       *       *       *       *

1639.—July 17.

61. _Private Warrant from King Charles I. to the Marquis of Hamilton,
to converse with the Covevanters._[224]

CHARLES R.

We do, by these presents, not only authorise, but require you to
use all the means you can with such of the Covenanters as come to
Berwick to learn which way they intend the estate of Bishops shall
be supplied in Parliament, what our power shall be in ecclesiastical
affairs, and what farther their intentions are: for which end you will
be necessitated to speak that language which, if you were called to
an account for by us, you might suffer for it. These are, therefore,
to assure you, and, if need be, hereafter to testify to others, that
whatsoever you shall say to them to discover their intentions in these
particulars, you shall never be called in question for the same, nor
yet it prove anyways prejudicial to you; nay, though you should be
accused by any thereupon.

  To our Trusty and well-beloved Cousin and
  Counsellor, the Marques of Hamilton.

  Berwick, July 17, 1639.

       *       *       *       *       *

1639.—July 27.

62. _Instructions by the King to Traquair as Commissioner._[225]

CHARLES R.

At the first Meeting of the Assembly, before it be brought in dispute
who shall preside, you shall appoint him who was Moderator in the last
Assembly, to preside in this till a new Moderator be chosen.

We allow that Lay-elders shall be admitted Members of this Assembly;
but in case of the Election of Commissioners for Presbyteries the
Lay-elders have had Voice, you shall declare against the informality
thereof, as also against Lay-elders having voice in Fundamental Points
of Religion.

At the first opening of the Assembly, you shall strive to make the
Assembly sensible of Our Goodness, that, notwithstanding all that is
past, whereby We might justly have been moved not to hearken to their
Petitions, yet We have been Graciously pleased to grant a Free General
Assembly, and for great and weightie Considerations have commanded the
Archbishops and Bishops not to appear at this Assembly.

You shall not make use of the Assessors in publick, except you find you
shall be able to carry their having Vote in Assembly.

You shall labour to your uttermost that there be no question made about
the last Assembly; and, in case it come to the worst, whatever shall be
done in Ratification, or with relation to the former Assembly, Our Will
is, that you declare the same to be done as an Act of this Assembly,
and that you consent thereunto onely upon these terms, and no ways as
having any relation to the former Assembly.

You shall by all means shun the Dispute about Our Power in Assemblies;
and if it shall be urged or offered to be disputed whether We have
the Negative Voice or the sole power of Indicting, and consequently of
Dissolving, except you see clearly that you can carry the same in Our
Favours, stop the Dispute; and rather than it be decided against Us,
stop the course of the Assembly until We be advertised.

For the better facilitating of Our other Services, and the more
peaceable and plausible progress in all Businesses recommended to
you, We allow you at any time you shall find most convenient, after
the opening of the Assembly, to declare, That, notwithstanding Our
Own Inclination, or any other Considerations, We are contented, for
Our People’s full satisfaction, to remit Episcopacy and the Estate of
Bishops to the Freedom of the Assembly, but so as no respect be had to
the Determination of the Point in the last Assembly.

But in giving way to the abolishing of Episcopacy, be careful that it
be done without the appearing of any Warrant from the Bishops; and if
any offer to appear for them, you are to inquire for their Warrant,
and carry the Dispute so, as the Conclusion seem not to be made in
prejudice of Episcopacy as unlawful, but onely in satisfaction to the
People, for settling the present Disorders, and such other Reasons of
State; but herein you must be careful that Our Intentions appear not to
any.

You shall labour that Ministers deposed by the last Assembly, or
Commissions flowing from them, for no other cause but the subscribing
of the Petition or Declinator against the last Assembly, be, upon
their Submission to the Determinations of this Assembly, reponed in
their own Places; and such other Ministers as are deposed for no other
faults, that they be tried of new; and if that cannot be, strive that
Commissions may be directed from this Assembly for Trying and Censuring
them according to the nature of their Process.

That immediately upon the Conclusion of this Assembly, you indict
another at some convenient time, as near the expiring of the Year
as you can; and if you find that Aberdeen be not a Place agreeable,
let Glasgow be the Place, and if that cannot give content, let it be
elsewhere.

The General Assembly is not to meddle with any thing that is Civil, or
which formerly hath been established by Act of Parliament, but upon His
Majesties special Command or Warrant.

We will not allow of any Commissioners from the Assembly, nor no such
Act as may give ground for the continuing of the Tables or Conventicles.

In case Episcopacy be abolished at this Assembly, you are to labour
that We may have the power of chusing of so many Ministers as may
represent the 14 Bishops in Parliament; or if that cannot be, that 14
others, whom we shall present, be agreed to, with a Power to chuse
the Lords of the Articles for the Nobility for this time, untill the
Business be further considered upon.

We allow that Episcopacy be abolished, for the Reasons contained in
the Articles, and the Covenant 1580, for satisfaction of Our People,
be subscribed, provided it be so conceived that thereby Our Subjects
be not forced to abjure Episcopacy as a point of Popery, or contrary
to God’s Law or the Protestant Religion; but if they require it to be
abjured as contrary to the Constitution of the Kirk of Scotland, you
are to give way to it rather than to make a Breach.

After all Assembly-business is ended, immediately before Prayers
you shall, in the fairest way you can, protest that, in respect of
His Majesties Resolution of not coming in Person, and that His
Instructions to you were upon short advertisement, whereupon many
things may have occurred wherein you have not had His Majesties
Pleasure, therefore and for such other Reasons as occasion may furnish,
you are to protest that, in case any thing hath escaped you, or hath
been condescended upon in this present Assembly, prejudicial to His
Majesties Service, that His Majesty may be heard for redress thereof in
his own time and place.

We will not allow that, either by the Commissions already granted, nor
upon no other Bill or Petition, any part of the burden of the Charges
of the last Business be laid upon any of Our good Subjects, who have
stood by Us, and have refused to subscribe their Bonds and Covenants.

That you stop the Signatures of the Rights of Kintyre, Abbacy of Dear,
Abbacy of Scoon, and generally all Acts in favours of Covenanters,
so far as you can, without stopping the ordinary course of Justice;
and you are to consider withall how His Majesties Right to any of
the aforesaids may be put on foot without making interruption to the
present Business in hand.

You shall take a course whereby the Rents of all such Bishopricks as
are vacant be detained, and either by Warrant of the Incumbent, or by
Demission may be collected; and when any person shall be provided to
these Benefices so vacant, Our Will is, that you take the same course
with the Rents of these, as by these We do command you to doe with
the rest of the Rents of the Bishopricks of Scotland, which is this,
to cause draw up a formal Assignation to the whole Rents, Fruits,
Customs, &c., belonging to the Bishoprick, whereof they are Bishop,
to be subscribed by them to and in Our Favour; upon return whereof to
you, you shall give Power and Commission to such Persons as you shall
receive, under every one of their Hands, to collect and intromet with
the aforesaid Rents of the several Bishopricks, and to deliver and be
accomptable to you for the same; and, upon your receipt thereof, you
are to issue them out immediately again to the aforesaid Bishops, or
any having their Warrant to that effect.

You shall hear the Complaints or Petitions of any of Our Subjects,
or against any of Our Subjects, but such as you know to be Sufferers
for refusing to joyn with the Covenanters in the Covenanting way; and
you shall protect all such Persons by all the fair ways you can, and
particularly Sir John Hay and Sir Robert Spottiswood.

If any thing occur either in Civil or Ecclesiastical Judicatory,
wherein you have not Our express Will and Pleasure signified unto you,
wherein you see clearly Our Royal and Princely Power and Authority
prejudiced, We will you to acquaint Us therewith before any Proceeding
be made.

You shall pay weekly for defence of Our Castle of Edinburgh an hundred
Souldiers at eight pence per diem, besides the English Gunners and
Artificers, at the Rates set down by the Marquis of Hamilton. And as
for Ruthwen himself, you shall assign him the Rents of the Castle; and
you shall likewise keep a competent number of Workmen for completing
the Fortifications already begun, and shall withall provide the Castle
with 6 moneths Victuals for the foresaid number of Souldiers and other
Officers.

And as for Dumbriton, you shall pay for the Defence thereof Souldiers
at eight pence per diem, to the number of 40; allowing the Rents and
other Customs thereof for paying the Captain and other Officers.

At Berwick, the 27ᵗʰ of July 1639.

       *       *       *       *       *

1630,—August 6.

63. _Letter from the King to the Archbishop of St Andrews._[226]

CHARLES R.

Right Trusty and Well-beloved Councellour, and Reverend Father in God,
We greet you well.

Your Letter, and the rest of the Bishops, (sent by the Elect of
Caithnes) to my Lord of Canterbury, hath been shown by him to Us; and
after serious Consideration of the Contents thereof, We have thought
fit Our Self to return this Answer to you, for Direction according to
Our Promise, which you are to communicate to the rest of your Brethren.

We do in part approve of what you have advised concerning the
Prorogating of the Assembly and Parliament, and must acknowledge it
to be grounded upon Reason enough, were Reason only to be thought
on in this Business; but considering the present state of Our
Affairs, and what We have promised in the Articles of Pacification,
We may not (as We conceive) without great prejudice to Our Self and
Service, condescend thereunto; wherefore We are resolved, nay, rather
necessitated, to hold the Assembly and Parliament at the time and place
appointed. And, for that end, We have nominated the Earl of Traquair
Our Commissioner, to whom We have given Instructions, not only how to
carry himself at the same, but a Charge also to have a special care of
your Lordships, and those of the inferiour Clergy, who have suffered
for their Duty to God and Obedience to Our Commands. And We doe hereby
assure you, that it shall be still one of Our chiefest Studies, how to
rectifie and establish the Government of that Church aright, and to
repair your losses, which We desire you to be most confident of.

As for your Meeting to treat of the Affairs of the Church, We do not
see at this time how that can be done; for within Our Kingdom of
Scotland, We cannot promise you any place of Safety, and in any other
of Our Dominions We cannot hold it convenient, all things considered;
wherefore We conceive that the best way will be for your Lordships
to give in, by way of Protestation or Remonstrance, your Exceptions
against this Assembly and Parliament to Our Commissioner, which may be
sent by any mean man, so he be Trusty, and deliver it at his entering
into the Church; but We would not have it to be either read or argued
in this Meeting, where nothing but Partiality is to be expected,
but to be represented to Us by him, which We promise to take so in
consideration, as becometh a Prince sensible of His Own Interest and
Honour, joined with the equity of your Desires; and you may rest
secure, that, though perhaps We may give way for the present to that
which will be prejudicial both to the Church and Our Own Government,
yet We shall not leave thinking, in time, how to remedy both.

We must likewise intimate unto you, that We are so far from conceiving
it expedient for you, or any of my Lords of the Clergy, to be present
at this Meeting, as We doe absolutely discharge your going thither,
and, for your absence, this shall be to you and every one of you a
sufficient Warrant. In the interim, your best Course will be to remain
in Our Kingdom of England, till such time as you receive Our further
Order, where We shall provide for your Subsistence, though not in that
measure as We could wish, yet in such a way as you shall not be in want.

Thus you have Our Pleasure briefly signified unto you, which We doubt
not but you will take in good part; you cannot but know, that what We
doe in this We are necessitated to. So We bid you farewell.

Whitehall, Aug. 6, 1639.

       *       *       *       *       *

1639.—August 10 & 11.

64. _Declinator by the Scotch Prelates, in obedience to the King’s
Letter._[227]

Whereas His Majesty, out of His surpassing Goodness, was pleased to
indict another National Assembly for rectifying the present Disorders
in the Church, and repealing the Acts concluded in the late pretended
Assembly at Glasgow, against all right and reason, charging and
commanding in the Archbishops and Bishops of the Church of Scotland,
and others that have place therein, to meet at Edinburgh the 12th of
August instant, in hopes that, by a peaceable Treaty and Conference,
matters should have been brought to a wished Peace and Unity; and
that now we perceive all these Hopes disappointed, the Authors of the
present Schism and Division proceeding in their wonted courses of Wrong
and Violence, as hath appeared in their presumptuous Protestation
against the said Indiction, and in the business they have made
throughout the Country for electing Ministers and Laicks of their
Faction to make up the said Assembly; whereby it is evident that the
same or worse effects must needs ensue upon the present Meeting, than
were seen to follow the former.

We, therefore, the Under-subscribers, for discharge of our Duties to
God and to the Church, committed to our Government, under our Soveraign
Lord the Kings Majesty, Protest, as in our former Declinatour, as
well for our Selves as in name of the Church of Scotland, and so many
as shall adhere to this our Protestation, That the present pretended
Assembly be holden and reputed null in Law, as consisting and made up
partly of Laical persons that have no Office in the Church of God,
partly of refractory, schismatical, and perjured Ministers, that,
contrary to their Oaths and Subscriptions, from which no Humane power
could absolve them, have filthily resiled, and so made themselves
to the present and future Ages most infamous; and that no Churchman
be bound to appear before them, nor any Citation, Admonition,
Certification, or Act whatsoever, proceeding from the said pretended
Meeting, be prejudicial to the Jurisdiction, Liberties, Priviledges,
Rents, Possessions, and Benefices belonging to the Church, nor to any
Acts of former General Assemblies, Acts of Council, or Parliament made
in favours thereof; but to the contrary, That all such Acts and Deeds,
and every one of them, are and shall be reputed unjust, partial, and
illegal, with all that may follow thereupon. And this our Protestation
we humbly desire may be presented to His Majesty, whom we do humbly
supplicate, according to the Practice of Christian Emperoeurs in
Ancient times, to convene the Clergy of His whole Dominions, for
remedying the present Schism and Division, unto whose Judgement and
Determination we promise to submit our Selves, and all our Proceedings.

Given under our hands at Morpeth, Berwick, and Holy Island, the tenth
and eleventh of August 1639.

Signed,

  St Andrews,
  Da. Edinburgen,
  Jo. Rossen,
  Th. Galloway.
  Wal. Brechinen,
  Ja. Lismoren,
  Ad. Aberdon.

       *       *       *       *       *

1639.—August 20.

65. _Letter from the King to Traquair._[228]

CHARLES R.

Right Trusty,

We have hitherto commanded Hamilton to answer several of your Letters;
but that of the 16ᵗʰ of August being of more weight than any of your
former, We have thought fit to answer it Our Self.

And whereas you say, that nothing will satisfie them, except _in
terminis_ the last Assembly be named and ratified, or that way be given
to the discharging Episcopacy as abjured in that Church, as contrary to
the Confession of Faith 1580, and the Constitutions of the same, you
being yet in some hope, that the word _Abjured_ may be got changed,
and that in drawing up the words of the Act it be onely condemned, as
contrary to the Constitution of that Church; We in this point leave
you to your Instructions, they being full, if you consider what We
have said concerning Episcopacy, and subscribing the Confession of
Faith 1580: We thinking it fit to declare hereupon unto you, that let
their Madness be what it will, further than We have declared in Our
Instructions in these points, We will not go.

For the Service-book and Book of the Canons, though We have been and
are content it be discharged; yet We will never give Our Voice nor
Assent, that they be condemned as containing divers Heads of Popery
and Superstition. In like manner, though We have been and are content,
that the High Commission be discharged; yet We will never acknowledge
that it is without Law, or destructive to the Civil and Ecclesiastical
Judicatories of that Our Kingdom, nor that the Five Articles of Perth,
though discharged with Our Approbation, be condemned as contrary to the
foresaid Confession. As concerning the late Assemblies, We cannot give
Our Consent to have them declared null, since they were so notoriously
Our Father (of Happy Memory) His Acts: It seeming strange, that We
having condescended to the taking away all these things that they
complained of, which were done in those Assemblies, they will not be
content therewith, without laying an Apersion on Our Fathers Actions.
Wherefore if the Assembly will in despite of your Endeavours conclude
contrary to this, you are to Protest against their Proceedings in these
points, and be sure not to ratifie them in Parliament.

Concerning the yearly indicting of General Assemblies, and the
Confession of Faith, We commanded Hamilton in his of the 16ᵗʰ to
answer that point to this effect: That We think it infinitely to our
Prejudice, that We should consent to tie Our Self for the keeping
yearly of their Assemblies, not needing to repeat the Reasons, they
being well enough known to you; seeing at Berwick it was conceived upon
debate of that Point, that your having Power to indict a a New one
within the Year, would save that dispute, which you are by all means to
eschew. But if this will not give satisfaction, you are by no means to
give your assent to any such Act, nor to ratifie the same in Parliament.

The Article in your Instructions, which is onely, That the Covenant
1580 shall be subscribed, you must have an especial care of, and how
you proceed therein: That the Bond be the same which was in Our Fathers
time, _mutatis mutandis_; and that you give your Assent no other
ways to the Interpretations thereof then may stand with Our future
Intentions, well-known to you: nor is the same otherways to be ratified
in Parliament.

Thus you have Our Pleasure fully signified in every particular of
your Letter, which you will find no ways contrary to Our Resolution
taken at Berwick, and Our Instructions given to you there. But if the
Madness of Our Subjects be such, that they will not rest satisfied
with what We have given you Power and Authority to condescend to,
which notwithstanding all their Insolencies We shall allow you to make
good to them, We take God to witness, that what Misery soever shall
fall to that Country hereafter, it is no fault of Ours, but their own
procurement. And hereupon We do command you, that if you cannot compose
this Business according to Our Instructions, and what We have now
written, that you prorogue the Parliament till the next Spring; and
that you think upon some course how you may make publickly known to all
Our Subjects, what We had given you Power to condescend to. And because
it is not improbable that this way may produce a present Rupture,
you are to warn and assist Ruthven for the defence of the Castle of
Edinburgh, and to take in general the like care of all Our Houses and
Forts in that Kingdom; and likewise to advertise all such who are
affected to Our Service, that timously they may secure themselves. And
so We bid you heartily farewell.

       *       *       *       *       *

1639.—August [10, 12,] 30.

66. _Declarations by Traquair as Commissioner._[229]

At a Sederunt of the Privy Council, on 10th August 1639, a Letter
from the King (dated 6th) was produced and recorded, intimating the
appointment of Traquair as Commissioner to the Assembly and Parliament,
in which his Majesty required their Lordships “not onlie to attend
at the said Assemblie and Parliament, but to concurre and assist our
said Commissioner in ewerie thing may concerne our service, as he sall
requyre yow, or communicat with yow frome time to time;” and they,
“in all humble obedience, promist to attend at the said Assemblie and
Parliament, and to concurre with the said Lord Commissioners Grace
in ewerie thing conforme to his Majesties said Letter.” On the 12th
of August, his Lordship appeared at another Sederunt of Council, and
produced his commission. And, on the 30th of that month, at another
sederunt, the Earl of Rothes, and others, as commissioners, appeared
in the Council, and gave in a petition and declaration relative to
the subscription of the Confession and Covenant, and bearing that the
Council would interpone its authority, which was done accordingly.
Immediately after, of the same date, there is the following Minute,
which we transcribe from the register as important, inasmuch as there
is a marginal note adjoined to it in the following terms:—“_Decimo
tertio Augusti, 1641. Delatt at Command, and in pretence of the
Estaittis of Parliament._” These minutes are essential to the full
understanding of the position in which all parties stood at the close
of this Assembly, previously to the meeting of Parliament, after
various prorogations, in the autumn of 1639.

  And sicklyke the forsaid day, the Lord Commissioner desyred of
  the Lords of Privie Counsell, that the severall declarations made
  and emitted be him, in the Generall Assemblie, might be insert
  and registrat in the Books of Privie Counsell, therein to remain
  _ad futuram rei memoriam_; quhilk desyre the saidis Lordis fand
  reasonable, and have ordaint and ordainis the saids declarations to
  be insert and registrat in the Books of Privie Counsell, quherof the
  tenor followis:—

  I, Johne Earle of Traquaire, His Majesties Commissioner in this
  present Assemblie, Doe, in his Majesties name, Declare, That
  notwithstanding of his Majesties owne inclination, and manie other
  grave and weightie reasons moveing him, zit suche is his incomparable
  goodnes towardes his subjectis of this Kingdome, that for giveing
  satisfaction to his people, and for queting of the present
  distractions, He doth consent that the Five Articles of Perth,
  the Government of the Kirk by Bishops, Civill Places and power of
  Kirkmen, be declared unlawfull within this Kirk, as contrare to the
  constitutions thereof.

  And I doe alwayes hereby declare, that the practice of the premiss,
  prohibit within this Kirk and Kingdome, sall neither bind nor inferre
  censure agains the practisers outwith the Kingdome. And farder,
  declare that the word _occasional_, in the end of the Act of the
  date the 17ᵗʰ of this instant, wes not in the draught agreed upon
  with me in presence of the Counsell, but was thereafter addit in
  the Assemblie, without my knowledge or consent. Farther, I declare,
  whatever is allowed be me in this Assemblie, is meirlie and onelie as
  ane Act of this Assemblie, without anie respect or relation to the
  last pretendit Assemblie at Glasgow.

  And becaus that manie things have occurred in the present Assemblie
  which may concerne Patronages belonging either to the Crowne,
  Bishopricks, or others his Majesties good subjects, as also by
  finding Civill Places and power of Kirkmen unlawfull, his Majestie
  may be prejudgit in Parliament, and least heirby or by anie other
  act, civill power and auctoritie may be wronged by my weaknes, or
  not tymelie animadverting thereto, I declare and protest that his
  Majestie may be hard for redresse in its owne tyme and place.

  And I declare lykewayes, that whatever Commission and Commissions are
  direct frome the Assemblie, whiche may import or occasion anie other
  meetings or conventions of the subjects then the ordinarie meetings
  of Kirk Sessions, Presbiteries, Synods, and suche as are allowed be
  the Lawis of this Kingdome, that the same is null and of no effect,
  and altogether disassented to by me.

       *       *       *       *       *

1639.—October 1.

67. _Letter from the King to Traquair._[230]

CHARLES R.

Right Trusty, &c.

Your Letter of September the 27ᵗʰ to Hamilton We have seen, and think
fit to return Answer thereunto Our Self; and the rather because We find
by yours, that some Points in the former Letter were not so fully
expressed, but that you desire more clear Answers. First you say, that
in all your Directions it is condescended, that by Act of Assembly
Episcopacy should be declared unlawful in this Kirk; and that by all
the Capitulations of Agreement, and Instructions given to you, that
same is allowed to be ratified in Parliament upon the foresaid terms
agreed upon in the Assembly. In this Point We must tell you, that you
are much mistaken: for though you have Power for giving way to the
Abolition of Episcopacy, as contrary to the Constitutions of the Church
of Scotland; yet you will not find either in your Instructions, or any
other Direction since sent you, that We have consented to declare the
same Unlawful: We making a great difference therein, for many things
may be contrary to the Constitutions of a Church, which of themselves
are not simply unlawful; for whatsoever is absolutely unlawful in
one Church, cannot be lawful in the other of the same Profession of
Religion, but there may be many several Constitutions, and yet they all
lawful. Therefore if I do acknowledge or consent, That Episcopacy is
unlawful in the Church of Scotland, though as you have set it down in
your consenting to the Act, the word Unlawful may seem onely to have
a relation to the Constitutions of that Kirk; yet the Construction
thereof doth run so doubtfully, that it may be probably inferred, That
the same Function is acknowledged by Us to be unlawful in any other
Churches in Our Dominions. Therefore as we totally disapprove of your
consenting to the word Unlawful, as well to the Function, as Civil
Places and Power of Churchmen, in the Act of the General Assembly: so
We absolutely command you not to ratifie the same in these terms in
the Parliament, but onely as contrary to the Constitutions of that
Kirk; and to declare, that We ratifie this Act meerly for the Peace
of the Land, though otherwise in Our Own Judgment We neither hold it
convenient nor fitting; which you are to declare at the Ratifying of
the same. And for the rest of your Declaration in the Assembly, to
be registered in the Books of Council, for brevities sake We send
you herewith a Copy of the same, as likewise that of the Covenant,
interlined in those places which We disapprove of, and conceive to be
the contrary to your Instructions, and some other Directions.

As We have formerly written to you, We cannot consent to the rescinding
any Acts of Parliament made in favour of Episcopacy; nor do We conceive
that Our refusal to abolish those Acts is contradictory to what We
have consented to, or to that we was obliged to: there is less danger
in discovering any future Intentions of Ours, or at the best letting
them guess at the same, than if We should permit the rescinding those
Acts of Parliament, which Our Father with so much expence of Time and
Industry established, and which may hereafter be of so great use to Us.
And though it should perhaps cast all loose, (as you express;) yet We
take God to witness, We have permitted them to doe many things in this
Assembly, for establishing of Peace, contrary to Our Own Judgment. And
if on this point a Rupture happen, We cannot help it; the fault is on
their own part, which one day they may smart for. So you have in this
Point Our full Resolution.

We likewise wrote formerly to you, that We thought it not fit at this
time, that the Power of the Lords of the Articles should be defined,
and that you are to avoid the same, and to be sure not to consent
thereunto. Now your last Letter gives Us ground to repeat the same
again, and to declare to you, that We remain in Our former Opinion.

And whereas you say, that it is to no purpose to vex Us with all the
indiscreet and mad Propositions that are made, since they go about not
onely to reform all pretended Abuses, of what nature soever, but to
constitute and define the Power of all Judicatories from the highest
to the lowest, and that you are like to agree in few or none of the
General Acts: If you find, that what We have commanded you to doe is
likely to cause a Rupture, their impertinent Motions give you a fair
occasion to make it appear to the World, that We have condescended to
all matters which can be pretended to concern Conscience and Religion;
and that now they aim at nothing but the Overthrow of Royal Authority,
contrary to all their Professions, which We can neither with Honour
nor Safety suffer. And therefore We hope and expect, that if a Rupture
happen, you will make this appear to be the cause thereof, and not
Religion, which you know not onely to be true, but must see it will be
of great advantage to Us, and therefore must be seriously intended by
you.

We have no Directions of new to give you, concerning the Marquis of
Huntley, Sir Donald Mackdonald, or any others to whom Malice is carried
for their Zeal for Our Service, but again recommend them to your care.

What hath past betwixt your self and the Earl of Argyle, We have heard
nothing of; but We are easily induced to believe, that what you wrote
of his undutiful Carriage is true, and that you will easily make it
appear, to which We will give no unwilling Ear.

Thus you have your last Letter answered, with what for the present
and on such a sudden hath come into Our thoughts: and so We bid you
Farewell.

Whitehall, Octob. 1, 1639.

       *       *       *       *       *

68. _Roll of the Members of the General Assembly_—1639.

  The EARL OF TRAQUAIR, _Commissioner_.

  Mr DAVID DICK, _Moderator_.

The following Roll is incomplete—the only copy of it that we have been
able to discover, being defective. It is in the repositories of the
Church; and several folios of the MS. in which it is written are torn
off. We give the fragment, however, as we find it, as an index to the
class of persons of which the Assembly was composed.

       *       *       *       *       *

  _Presbytery of Hamilton._

  Maister James Johnstoune, M. at Stenhous.
  Mr Johne Herriot, M. at Blantyre.
    R. Elder, Robert Hammaltoune of Mylneburne.

  _P. Lanerke._

  Mr Williame Livingstoune, M. at Lanerk.
  Mr Alexʳ Somervell, M. at Dolfingtowne.
  Mr Richard Inglis, M. at Nobstoune.
    Elder, Mr Williame Bailzie of Lamingtowne.

  _B. Lanerke._

    Gideon Jacke, Bailzie.

  _P. St Androis._

  Mr Andrew Auchenleck, M. at Largo.
  Mr James Bruce, M. at Kingsbarns.
  Mr George Hammiltowne, M. at Newburne.
    R. Elder, John Lord Sinclare.

  _B. St Androis._

    James Sword.

  _Universitie of St Androis._

  Mr David Forrett, ane of the Mʳs of the auld
  Colledge

  _Burghe of Carreill._

    _______ Hammiltowne, Bailzie.

  _Burl. of Kilreny._

    Thomas Sympsone, Towne Clerk.

  _B. Anstruther, Eister._

    Williame Hammiltoune, Burges.

  _B. Anstruther, Wester._

    Joʰ Tullois, Clerke.

  _B. of Pettinweyme._

    James Airthe, Commone Clerke.

  _P. Cowper._

  Mr John MᶜGill, M. at
  Mr Wᵐ Bennett, M. at Monimell.
  Mr Walter Grege, M. at Balmerinoche.
    John Lord Lyndesay, R. Elder.

  _B. of Cowper._

    George Jamesoune, Merchand.

  _P. Kirkaldie._

  Mr Robᵗ Douglas, M. at Kirkaldie.
  Mr Fredrick Carmichaell, M. at Kenway.
  Mr Robert Cranstoune, M. at Scoone.
    R. Elder, Johne Erle of Rothes.

  _B. of Kirkaldie._

    John Williamsoune, Burges.

  _B. Dysart._

    David Sympsone of Montorpie.

  _B. Kinghorne._

    Mr Robert Cunnynghame, Burges.

  _B. Bruntiling._

    George Gairne, Bailzie.

  _P. Dumfermling._

  Mr Johne Row, M. at Carnoke.
  Mr Johne Duncane, M. at Culros.
  Mr James Sibbet, M. at Torrie.
    R. Elder, Robert Lord Burley.

  _Brughe of Dumfermling._

    James Reid, Provest.

  _B. Culros._

    George Bruce of Carnoke.

  _B. Innerkeithnie._

    ______ Marke.

  _P. Dumblane._

  Mr Henrie Livingston, M. at Kippen.
  Mr Androw Reid, M. at Tillicultrie.
  Mr Wᵐ Edmonstone, M. at Kilmadock.
    R. Elder, Sir George Stirling of Kers, Knigᵗ

  _P. of Achterarder._

  Mr George Muschett, M. at Donyng.
  Mr James Row, M. at Muthill.
  Mr John Erskine, M. at Achterarder.
    R. Elder, Mr George Grahame of Inchbrakie.

  _P. of Perth._

  Mr Robert Murray, M. at Methvene.
  Mr John Robertsone, M. at Perthe.
  Mr Alexʳ Petrie, M. at Rind.
    R. Elder, Johne Moncreiff, Laird of Moncreiff.

  _B. of Perth._

    James Dundie, Bailzie.

  _P. Dunkeld._

  Mr William Menzies, M. at Kenmuir.
  Mr John Andersone, M. at Curygale.
  Mr Johne Strachane, M. at
    Ruling Elder, Mungow Campbell, fear of Lawreis.

  _P. Meigill._

  Mr George Somer, M. at Megill.
  Mr George Halyburtowne, M. at Glenyllay.
    Elder, James Lord Cowper.

  _P. Dundie._

  Mr Androw Wood, M. at Monyfurthe.
  Mr John Robertsone, M. at Ocherhous.
    R. Elder, David Grahame of Fintrye.

  _B. of Dundye._

  James Fletcher, Provest.

  _P. Forfar._

  Mr John Lyndsay, M. Aberlemno.
  Mr Silvester Lamy, M. at Slanes.
  Mr Alexʳ Kinningmont, M. at Kilmaur.
    R. Elder, James Lyone of Albar,

  _Burᵗ of Farfar._

    David Hunter, Provest.

  _P. Brecken._

  Mr Johne Weymes.
  Mr James Crightowne.
  Mr Lawrence Skinner,
    R. Elder, James Erie of Montrois.

  _B. Brichen._

    Robert Dempster.

  _B. Montrois._

    Johne Gorgeine, Bailzie.

  _P. Arbrothe._

  Mr Alexʳ Inglis, at St Vigeanes.
    R. Elder, Johne Auchterlony of Corme.

  _B. Arbrothe._

    Mr George Inglis, Burges.

  _P. Merins._

  Mr James Reid, M. at Abernethe.
  Mr Androw Mylne, at Fitteresse.
  Mr Alexʳ Sympsone, M. at Canvath.
    R. Elder, Sir Robert Grahame of Morphy.

  _P. Aberdeine._

  Mr David Lyndsay, M. at Balhelvie.
  Mr Androw Abercrommy, M. at Fentry.
    R. Elder, Johne Erle of Kinghorne.

  _Universitie of Aberdiene._

   *  *  *  *

  _B. of Aberdeine._

   *  *  *  *

  _P. Deer._

  Mr James Martene, M. at Peterhead.
  Mr Wᵐ Forbes, M. at Fraserbrugh.
  Mr Wᵐ Jafray. M. at Acth riddel.
    R. Elder, George Blair of Auchmedden.

  _P. Alfuird._

  Mr Androw Strachan, M. at Tillinessel.
  Mr Wᵐ Davidstoune, M. at Kildrumy.
  Mr Robᵗ Scheine, M. at Forbes.
    R. Elder, Mr James Forbes of Hamiltowne.

  _P. Eilon._

  Mr Wᵐ Strachan, M. Muthlick.
    R. Elder, William Setoune of Shithine.

  _P. Turroff._

  Mr Thomas Mitchell, M. at Turroff.
  Mr George Sharpe, M. at Shyve.
    R. Elder, Charles Erle of Dumfermling.

  _P. Kinkarne._

  Mr Robert Forbes, M. at Eight.
    R. Elder, Wᵐ Forbes, fear of Corsindell.

  _P. Garroche._

  Mr William Wedderburne, M. at Buthelne.
    R. Elder, John Erskine of Balbeardy.

  _P. Fordyce._

  Mr Alexʳ Seatoune, M. at Banffe.
    R. Elder, Sir Alexʳ Abercrombie, Knyᵗ.

  _B. of Coulen._

    George Hempsyd, Bailzie.

  _B. of Bampfe._

    Androw Baird.

  _B. Elgyne._

    Mr John Dowglas.

  _P. Elgyne._

  Mr Gawine Dumbar, M. at Alnes.
  Mr Alexʳ Spence, at Briney.
    R. Elder, Thomas MᶜKenzie, of Pluscardy.

  _P. Aberlowr._

  Mr Joⁿ Weymes, M. at Rothes.

    R. Elder, Walter Innes.

  _P. Strabogie._

  Mr Wᵐ Mylne, M. at Glasse.
    R. Elder, Patrick Gibsone.

  _P. Forres._

  Mr Patrick Tulloche, M. at Forres.
  Mr Joⁿ Brodie, M. at Auldyrne.
  Mr Wᵐ Falconer, M. at Dycke.
    R. Elder, Pa. Campbell of Bothe.

  _B. Forres._

    Mr Johne Dumbar.

  _P. Innernes._

  Mr James Vaiss; M. at Croy.
  Mr Wᵐ Frisell, M. at Canvel.
    Ruling Elder, Mr James Campbell of Moy,

  _B. Innernes._

    Duncan Forbes, of Coulloden, Burges.

  _P. Chanrie._

  Mr George Monro, M. at Sidney.
  Mr Gilbert Murray, M. at Tain.
  Mr David Ros, M. at Logie.
    R. Elder, Walter Innes, of Innerbrekie.

  _B. Tain._

    Thomas MᶜCulloche, Bailzie.

  _P. Dingwall._

  Mr David Monro, M. at Killairne.
  Mr Murdoche MᶜKenzie, M. at Contane.
    R. Elder, Sir Johne MᶜKenzie, of Tarbat.

  _P. Dornoche, in Sutherland._

  Mr Alexʳ Monro, M. at Dornoche.
  Mr William Gray, M. at Clyne.
  Mr George Sutherland, M. at Rogard.
    R. Elder, George Gordowne, brother to the Erle of Sutherland.

  _P. Thurso, in Kaithnes._

  Mr George Lesslie, M. in Bower.
    R. Elder, Johne Maister, of Birrindaill,

  _B. of Wick._

   *  *  *  *

  _P. Shetland._

  Mr William Umphray, M. at Brassay.




=Report of the Proceedings=

of

THE LATE GENERALL ASSEMBLY,


  Indicted by the Kings Majestie, and Holden at Edinburgh, the 12 of
  August, 1639. THE EARLE of TRAQUAIR, Commissioner for the Kings
  Majestie, 1639.[231]

  _A Sermon preached by the Reverend Mr Alex. Hendersone, before the
  sitting doune of the Gen. Assembly begun the_ 12 _of August_, 1639.


THE PREFACE.

We have now found an accesse to a Throne of Grace, and I pray God that
these that are assembled here together to get this worke crowned, may
first labour to get these two thinges removed:—first, the conscience
of our guiltinesse; alace, there are none that decernes or considers
their sinnes! One thing should move our hearts—that the commons of the
land are so ignorant that they know not God, and from that proceeds
such wickednes. If pastors had beene more diligent in instructing,
this Church had had a better face ere now: 2, Our weaknesse stayes
as a mountaine, and we cannot climb unless we be helped. There is no
remeadie but the brightnes of His mercie, that he would discipat this
cloud; and no remeadie for our weaknes but the power of his might. Let
us therefore begg the same in the name of Jesus.


_The text, Acts 5, 33 verse, to the end._

  Now when they heard it, they burst for anger and consulted to slay
  them.

  Then stood there up in the Councell a certaine Pharisie named
  Gamaliel, a Doctor of the Law, honoured of all the people, and
  commanded to put the Apostles furth for a little space, and said—Men
  of Israell, take head to yourselves, what ye intend to do touching
  these men, &c.

The words that were spoken by Peter and the other Apostles, could give
no just cause of provocation to the adversaries; for in their doctrine
they insisted upon two innocent points: ane was faith in Christ—that
since the Lord whom they crucified was now exalted to be a prince, that
therefore they might believe in him and get remission of sinnes; and
the other was obedience—they ought to obey God rather than man. Yet
they resolved to kill them; and had done so, if the Lord had not raised
up a man to save them, and he prevailed, that their furie was layed,
wherein the Apostles rejoyced and doubled their zeale.

There is four particulars in the text very considerable: 1, The bad
effects the Apostles preaching had in the peoples hearts. 2, The meane
that God did use in saving of his servands. 3, The unjust proceedings
of the adversaries. 4. The disposition and diligence of the Apostles,
that ceased not; whereby you learne that oftentymes it comes to passe,
that men in authoritie are provoked against religion. Whether in
obedience to God, or in the tryell of their faith, yet the Lord hes
many wayes to serve his aune children; and the end shall be joy to the
Saints and advancement to the Gospell.

Let us returne to the first, [which] was the bad effects of the
preaching, and that was twofold: ane in their hearts, another in their
heads. They were cutt to the heart. The word is borrowed fra the
cutting of a sword or saw. In the 7 Acts it is said, “they gnashed with
their teethe;” and in the 2 Acts, 37, its said, “they were pricked
in their hearts.” We find another effect, but its different. The ane
and the other are verie like. 11 Rom, 8 v., he calles the spirit of
slumber, the spirit of compunction. The godly have a pricking, and the
wicked have a pricking, as in the place 2 Acts, 37, they were pricked
and took councell; but they goe to them that wounded them, but they do
not so here, but would slay them. The word of God hes very different
effects in the godlie and the wicked. 1 Rev. 16, its like a two-edged
sword; and 4 Heb., lyvelie and mighty in operation. It either pricks or
cutts; its either a word to cure thee or to kill thee.

The Ministers of Christ, although they be other wayes of no reputation,
yet if they could handle his sword aright, it should wound. The
children of God, when they are wounded, should beare it patientlie:
they are wounded because of their sin—the other because they
cannot committ sin. So the ane prepaires for Christ, the other for
destruction. The ane shall end in health, the other in woe. And it may
seeme very strange, that all this tyme we should never have heard of a
Letter from our Prelats that have beene wounded with the sworde.

Men and brethren, I will not insist in their guiltinesse; but we can
say no more of them but what the text sayeth—which is, “they tooke
councell to kill us.” And now we come to the councell they resolved
to slay them. Counsell is good and excellent; neither hath it beene
derogatorie to authoritie; for, as Solomon sayeth, “In councell
there is stabilitie.” Them matters that are not agitat by councell
are tossed upon fantacy. As Solomon felt the benefite of using it,
so Rehoboam found the evill of not using it; first, because it was
young; secondlie, because it was violent. Consider the councell of our
adversaries. It was very violent; but it had not the other, for the men
wanted not their yeares; yet they had this violence. They had another
bad qualitie to supplie that, and this yow may learne from the 17 v.
Many of them were Sadduces and so unmeit to be councellors; for in the
23 Acts, yow see they beleeve not the resurrection; and where such
unbelievers and councellours are, their sentence will be, “cutt the
throat of Church and Commonwealth.” They care not what violence they
use to get preferment—but especially Kirkmen that are Sadduces; what
crueltie shall be exercised by them—but especiallie when they are given
over to the divell. Ministers, when they fall, are like angells that
are divells. No men in Scripture are called divells but ministers; so
they become incarnat divells. Give God thanks and his Majestie that hes
given us this day to meet together; and no thanks to them, that either
yow are hearing or I am preaching to yow.

Followes the meane—- the second thing—which was the man that spocke,
and his speache. The man was a Pharisie. Next, he was learned, and a
Doctor of Divinitie; for his good pairts of reputation, naturallie
and politicallie wise; and upon such grounds, that he convinces them
all. And further, he seemes to be a peaceable man, and does what he
can to save innocent blood. But there was ane thing wanting—that was
in Christ, and love to the word. 22 Acts, it is said, Paul was brought
up at the feet of Gamaliell. As was the schollar, so was his master.
He was ignorant, and so a persecutour. There is more requyred for the
accomplishment of a man than the gifts of the mynd, which this man
seemes to have. A mans natural pairts are like a vesture of gold; and
the gifts of grace, are like the precious stones; but this faith is
like a precious diamond in the middle—incomparably greater in worth.
Judge of kings according to their qualitie. The best of these, beside
the great jewall, are given to the wicked and to the godlie, and are
bestowed on them for other mens good, and not for their owne: but
this propper to thyselfe and for thyselfe, and this jewall shall make
thee rich, and it concernes none more then ministers. It is requyred
of ministers that they should be learned, and in reputation with the
people; wise, peaceablie disposed, and learned—διδαπτιποι; although
they cannot come to eminent, yet competent knowledge—1 Titus 5—to
exhort, and comfort, and convince the enemy; not like these men that
hes instruments—sheares and tubbes to cutt off the wool and to carry
their milk away; but no care to feede them. I say they should be
furnished with all thinges, both outwardlie and inwardlie; and it is
a pittle that we have not a Lebanon for tries to grow in—a professour
here and a professour there. All the planting will soone be destroyed,
and there be not a place for them. We are all crying for good ministers
to have a care of the good plants. That is not learning to read a
sermon, or to spoil it in the telling. It is a pittie those that boasts
so should be so vaine, and as great a pittie that we have not sound
divinitie. Many gets other mens preachings, and these that are learned
should be given to such alterculatiouns yet and although thow were
als learned as Gamaliell, and thow have no more, thow art not to be a
minister of Christ. Yow know what entertainment the Apostles gott at
Athens: they mocked them. A man that hes a learned head and a graceles
heart, he is unmeit for Christs worke. Let us joyne both together. Of
all men that ever I was acquainted with, I saw none so prophane as
ministers. What was good in this man let us stryve to outmatch it; and
what he wanted, let us labour to have our soules filled with the love
of Christ, and thinke more of grace then learning.

Before I come to his speach, see not onlie Gods mercies, but also Gods
providence. He uses his providence which his wisdome had designed; and
there is two pieces of his providence here seene: ane was first, the
Lord brought them back from the doores of death when their soul was, as
it were, in their hand; secondlie, by such a meane as they could not
dreame of; and these two are very ordinarie with the Lord. When yow are
in extremitie, he shewes himselfe and in such wayes, and we may truelie
say, he hes done so with us—that when Episcopacie was deeplie rooted,
even then God would cutt it downe. Wherefore doeth the Lord so? Answer,
For three reasons—first, that when the Lord comes in extremitie, that
his hand may be declaired, and he get the greater glorie—33 Isai 9.
Lebanon is ashamed and cutt downe; secondlie, for the further confusion
of the enemies—Obadiah 3, whose habitation is in the high rockes, who
sayes in their hearts, who shall bring me down to the ground? thirdly,
for our encouragement and our posteritie after us, that we should onlie
put our confidence in Him who is only able to helpe us.

Now we come to the speach itselfe; wherin, first, take notice of his
intention—restraine! He was a wise man, and knew no good would follow
if they were harmed. He knew the Romans would be angrie, and that
the people had a good likeing to them. This was a good and peaceable
intention, though not a pure and pious; if he had any ayme to Gods
glorie and to the gospell of Christ, it had been good. I make no
question there is enough among us that have peaceable desires and
laudable intentions; but more is requyred. Let us labour to have pious
intentions, not only to have the present troubles settled. If it shall
soone breake foorthe againe, see what is agrieable to his will, _iste
est malus qui suæ causæ bonus_, that is, good only for himselfe. Let us
beseeche the Lord that we may have hearts to seeke his honour and the
enlargement of Christs kingdome.

Now for his argument. I would have yow refraine from these men. If
it be of God, it will come to passe. This argument had its owne
weaknes. If it be of men it should be hindred; of God it should be
furthered—Thes. 3—should have putt them to tryall. We will not passe
what is commendable in him. He proceeds on a good ground—if of men
to be rejected; if of God, to be received. 25 Matth. 25.—The baptism
of John, was it from Heaven or of men? 4 Ephes.—Try the spirits
whether they be of men or God. It was the perpetuall doctrine of the
Prophets—“Thus saith the Lord:” and Paul saith, “That which I receaved
doe I delyver.” Those that are disciples must be believers—not what man
saith; first, that it is true in matters internall, but not in matters
externall. Moses, when he is appoynted to build the tabernacle, he gets
his directions. Solomon, when he built the temple, had his warrant from
David; and least they thinke Solomons warrant not to be sufficient,
Ezeehia had his warrand according to the commandement of David. O, but
you will say, its not so in the New Testament: there is not so many
ceremonies. Its a pitifull thing we will not acknowledge that which
we are not ignorant of, distinguishe betweene multitude and number of
ceremonies. They had many: we have fewer. Shall we thinke we have not
so great light as they that were to put ane aspersion on Christ? Let
us stryve to learne what Gods will is. When it is of God, receive it;
but when of men, reject it. Many ceremonies have exercised the Church
of God many tymes, and especiallie that of the governement of the
Kirk: and there is twa causes that hinders the decyding of it—first,
the hudge judgement of God upon the congregations, and so puts Gods
servands to tryell. The second cause is the avarice of Churchmen. So
long as their avarice lasts there is no end of Episcopacie. Thirdly,
becaus we doe not examine what kynd of governement Christ gave. The
question of government is not _juris_ but _facti_. Why? Is that
agreeable with reason and civill governement? No. But, _de facto_, what
gqvernement Christ hath established. Ane office that is _jure divino_,
should be established; but if it be ane office of man, it ought to be
rejected. This great Doctor teacheth us that when God fights against
man, he shall prevaile; but when man fights against God, they shall
be found fighting against him. 11 Gen.—The builders of Babel—the Lord
made every ane of them that they knew not what another said. This
was an easie thing to the Lord: and so the worke was interrupted
in building. The Lord is wonderfull in building and bringing downe
Babel. Great opposition was made against Joseph by his brethren, and
great opposition against David; yet Gods councell behoved to stand.
What opposition was made against Joseph by his brethren, and great
opposition against David; yet Gods councell behoved to stand. What
opposition was made against Gods people in Egypt, in bringing them
out of Egypt; yet they behoved to come foorth; and yow know great
opposition hes beene used against this worke be the wicked. But yet,
blessed be God, it hath proclaimed itself through the land.

He brought in two instances to prove that the worke of man will come
to noght—ane of Thewdas—he was ane that conceaved himselfe to be a
prophet, but a false ane; and Judas, he would have desuaded the people
from giving that duetie to the civile magistrat that they ought to have
done; and there were sects that followed them. The errours of religion
commonlie springes either from the spirit of Thewdas, which is a spirit
of fantasie; the other is the spirit of rebellion; and that’s not of
God neither.

Consider, although they be the manie, yet there is more lykewayes, as
there are spirits contrare to the spirit of Thewdas, and this is the
spirit of Pharoah—who said, “who is the Lord that I should serve him?”
and that is Atheisme. The other is contrare to Judas, and that is
Herods, that runnes to flattery, and gives man that that appertains to
God.

As Atheisme is ane abomination before God, so is rebellion and
flattery. The true reformed religion abhorres disobedience, and gives
to Cæsar that which is Cæsars: and sure we professe a harmles religion.
I would exhort you to it, 2 Kings, 1, To the course of faith which
abhorres godlesnes and vaine conceipts of men. I am now pleading
for the innocencie of religion. Ye know what our adversaries have
printed against us; that we are guiltie of many crymes and trickes,
and that we have made people to fayne themselves inspired with the
spirit of divination, which is against Gods trueth. The second thing
is the course of obedience. There was never a greater friend to Kings
then Christ. There is no question now about Juda of Gallilees part,
whether we should pay tax or not; neither of that inward reverence to
princes, or that respect we carry to him. I wishe his owne prayers were
never heard that doeth not heartillie pray for his Majestie. But the
question is, What is his part in religion and matters ecclesiasticall?
It is both said and printed, that I should have spocken much that
my fellow-brethren and the rest of the Covenanters would not allow
of. First, I said and say, that Royall inspection belongs to Kings
over Kirk matters, and that the King was supreme Bischop of all this
Kingdome. Now, my adversarie thinkes I made him a Kirkman. I am
ignorant, but not so. As for the head of the Kirk we acknowledge none
but Christ; and for the other, _Episcopus_ is a name that is als weill
propper to a civile magistrat as spiritual: Therefore Constantine
saith, _vos estis Episcopi intra, ego extra_. Nixt, that he is _custos
utriusque tabulæ_. Vindication belongs unto him who carries the sword
of sanction and coerction and convocation of Synods, as now this
present Generall Assembly is conveined; and as he conveines, soe its
said, examines them. If he find anything against the word of God, he
should reject it. Thus I speake not of a negative voice his Majestie
hath. And now I have shewen yow the particulars I have beine taxed
upon, hoping this honourable Assembly will farther consider of it;
and now I come to speake ane word to your Commissioners Grace who
represents his Majestie.

(The speache to the Commissioners Grace, which is the conclusion of the
sermon.)

As for your Grace his Majesties Commissioner, we beseech yow to see
that Cæsar have his owne; but let not Cæsar have what is due to God
and belongs to him. God hes exalted your Grace to many high places
within these few yeares, and more especiallie now. Be thankfull, and
labour to exalt Christs throne. Some are exalted like Haman—some like
Mordicai. And I pray God these good pairts the Lord hes endued yow
withall, yow may use them aright, as the Israelites, when they came
out of Egypt, did give all their silver and gold for building of the
tabernacle. I tell your Grace yow must be comptable for all your
actions, especiallie in these publict bussinesses. And to yow, right
honourable and right worshipfull members of this Assembly, goe on in
your zeale constantlie. Surelie it shall be refreshment to yow and your
children, that yow should have lived when the light of the Gospell was
almost extinguished, and now to see it quickened againe.

After all these troubles, with a holy moderation, goe on; for zeale is
a good servant but ane ill master; like a schippe that hes a full saill
and wants a ruther.

We have need of Christian prudence; for ye know what ill speeches owr
adversaries have made upon us. Let it be seene to his Majestie, that
this governement can very weill stand with a monarchical governement.
Hereby we shall gaine his Majesties favour, and God shall get the
glorie; to whom be praise for ever and ever.—AMEN.

FINIS.


_The Proceedings of the late Solemne Assembly, holden at Edinburgh 12
of August 1639._

Mr Alexʳ Hendersones Speache.

Surely so many of us as consider any thing of the wayes of God toward
us, and the conscience of our owne guiltinesse, may verily say, its of
the mercies of God that we are not consumed: ffor we deserve no lesse
than that. The Lord had mercie on us, and brought us ance togither
before, after many defections and grosse backslydings, and vouchsafed
the testimony of his divine presence very sensiblie upon us, which
should never be forgotten of us whilst we live. This is another mercie
that the Lord hath been pleased, after so many troubles and tempests,
hazarding all church and kingdome, familie, persone, and estates, that
he should grant us this calme and comfortable day to meete in, and that
we have his libertie, under the protection of our sacred Soveraigne,
the Kings Majestie. And now when we are assembled together, and hath
all thinges externall in libertie and freedome, without any apparent
danger for ought that we know, is there no more adoe? Yea truelie:
though all the worthiest of this kingdome were here assembled, (as I
thinke a great pairt of them be,) yet if the Lord do not vouchsafe his
presence upon us, our meeting shall be in vaine, and better it had
beene for us not to have mett. Therefore let us request the Lord to
remove these illes farre from us, that hath deserved he should desert
us; and that he may looke comfortablie upon us, and that our soules may
rejoyce in his presence, we may have matter of praise to render to him,
and matter of comfort to our soules and the establishment of peace to
this kirk and kingdome.

After in calling upon the name of God, the Moderatour desyred these
that were authorized with commissions from Presbyteries, Universities,
and other incorporations, to produce the same.

  John, Earle of Traquair, Commissioner for the Kings Majestie.

The name of the Commissioners from Presbitries, Burghes, and
Universities, as followes, &c. [Not inserted in M.S.]

After the production of the several commissions, the Kings Commissioner
desyred that the tyme of their meeting might be condiscendit upon; and
whether it were convenient to have two sessions a day or not?

It was thought expedient to meete tomorrow at ten o’clocke, and that
tomorrow there should be but one sessione, and thereafter to be taken
to the Assemblies consideration, if convenientlie two sessions could be
keipt.

Mr John Robertsone, and Mr Robert Murray appoynted to nominat some
ministers to preache all the weake, and to give their names tomorrow.


Sess. 2.—_Hora Decima._

August 13, 1639.

After in calling upon the name of God, the Kings Majesties Commissioner
produced the Commission, which being red in face of the Assembly, the
Commissioner his Grace desyred it might be insert in the Bookes of the
Assembly, the tenor whereof followeth—“Carolus, Dei Gratia,” &c.

The Commissioners Grace declaired, that howsoever there was in him
great weaknes and insufficiencie for so weightie a charge, yet he hoped
that he should make knowen unto the Assembly his Majesties grace and
goodnes in that ingenuous way as should give satisfactione to all, and
that not in a superficiall and complimentary way; but since his Master
had honoured him so farre, he desyred that (though his weaknes, for
want of experience, might make him sometymes silent when it was fitting
to speake, and other tymes to speake out of purpos,) the goodnes and
wisdome of the reverend members might supplie his inlakes.

The Moderatour answered—There is none of us can bragg of our
experience, becaus of the want of Assemblies this long tyme agoe; but
we hope within twenty yeares our experience shall be greater.

Moderatour said—Please your Grace, the antient and laudable custome
of Assemblies hath beene, that he that was Moderatour of the last
Assemblie should propose a list of names, of the which number a new
Moderatour may be chosen.

The Commissioner answered—I perceive no prejudice in that forme, since
ye allow that if my Master have anything to say against these or to add
to them.

The Moderatour craved libertie before the list was red to preface thus
much—that since it was not possible to put all the worthies that were
present on a list, therefore no man would take any offence.

  _The List of the Names for a Moderatour._

  Mr Wᵐ Livingstoun,
  Mr David Dick,[232]
  Mr James Bonar,
  Mr Andro Cant,
  Mr Alexander Somervell.

The Moderatour asked the Commissioner, if his Grace had any thing to
except against these, or if his Grace had any other whom he would adde
to them?

The Commissioner answered—I have so charitable, yea, so Christian an
opinion, that I believe none can come heir but with the intention and
resolution that yow have so often expressed, looking to nothing but to
Gods glorie and next to the Kings honour. Not that I have prejudice
against any that are here—surely none—but considering my Masters
directions are so faire and so plaine, that I believe, as he intends
nothing but settleing of trueth and freeing us of feares that we might
be possessed with, either for novation in religion or lawes: so I
believe, yea I expect and am confident, that everie man that comes heir
resolves to carry himselfe with that integritie as in the eyes of God,
to whom they must make answer; and as standing to doe that duetie which
in the second parte belongs to our graceous Soveraigne: for myselfe, I
may know some men by acquaintance, and thereupon may have opinion; but
I attest God I have no prejudice against these on the list, nor any
that are here; yet I desire that yow yourselfe Moderatour may be both
added to the list and may be Moderatour still; and this I desire for no
other end but because I believe it may contribute much to the worke in
hand. Howsoever, I submitt myselfe to the judgement of the rest.

The Moderatour answered—If your Grace had continowed in the last
Assemblie, your Grace might have seene as much of my weaknes made
manifest at that tyme as should have beene a sufficient prevention of
listing me at this tyme. I trust I shall not neid to speake much. I
have enough if I be prest with it, whereby I shall make it manifest to
this whole meeting, that I cannot be continowed in this place.

The Commissioner said—I doe insist in this for no other end truelie but
that I have alreadie said. Since I am requyred to delyver my opinion,
I may doe it upon my knowledge; and I doubt nothing but if the gifts
and worthe of many reverend men who are here were knowen unto me, but
it might be I should voice with them; but truely, by my insisting for
this, I feir I wrang the end I goe about, and I know not weill how to
expresse myselfe in it, and safe myselfe from seeming to give ground of
feires of that I seeke to eschue, to witt, that I am free of prejudice.
Alwayes I name the Moderatour for no other end (as God shall save me)
but becaus I thinke him both ane honest man and ane able man, and I
thinke this doeth nather establische a constancie of Moderatours nor
open a doore to it; for though our Judgments doe now find yow to be the
man whom we inclyne to, yet since it is not the freedome of voiceing, I
thinke yow have no more interest in it then any upon the list; and if I
now urging this as a priviledge due to my Master, or if I were urging
that my nominating of ane should make the Moderatour, it were much; but
let everie Member of the Assemblie consider of it, and of everie readie
way to facilitat this matter in hand; for if I knew any man so able to
supplie that roume as the Moderatour, certainlie I should name him.

The Moderatour answered—By your Graces Speache, some may take great
advantage to thinke that your Grace doeth contradict his Majesties late
Declaration;[233] becaus its said there, yow may verie well judge what
could be wiselie done in that Assembly when they had such an ignorant
Moderatour: and now your Grace giving me such a large testimonie, doeth
directlie contradict his Majesties printed Declaration. But I correct
myselfe. I trust it shall be found not to be his Majesties Declaration.

The Commissioner answered this with silence.

The Moderatour after added—We have great reason to blesse our God and
to give humble and heartie thankes to the Kings Majestie for this
peaceable and free Assemblie; but we have so many jealousies upon the
Usurpation of the Prelats in tyme past, that in trueth at the very
first we scarre and are so affrayed, that we darre not meddle with any
thing of that kynd. It savours of a constant Moderatour—the first step
of Episcopacie; and, in trueth, I have not a mynd to be a Bishop.

Ye might have bein ane.

It was questioned if the former Moderatour could be ane in the new list?

Mr John Row said he had seene Assemblies this 5O yeares, and, to his
judgement, he never saw it that the Moderatour of the former Assemblie
was put on the list with these that were to be Moderatour the next
Assemblie; nevertheless, it was instanced out of the Assemblie Bookes,
that the same Moderatour have been sometymes continued Moderatour of
the next Assemblie.

It was condescendit upon that Mr Alexʳ Hendersone should be added to
the list. The list was read and the rolles called, and Mr David Dick
was chosen Moderatour by the farr greatest part of the voices, who
after the acknowledgement of his owne weaknes imbraced the office;
and having a calling from God and the honourable Assembly. Mr Alexʳ
Henrysone, randering most heartie thankes to the Assemblie for their
charitable construction of his weaknes, and wishing that no man should
faygne any abilitie unto himselfe, dimitted his place.


_Mr David Dick, Moderatour, his Speach._

The Moderatour, at his first entrie to the place, had this preface.
This is more than we durst have craved of God, if we had looked to our
oune deserving; but since it hath beene His Majesties pleasure who
rules heaven and earth, to looke upon our Gracious King; and move his
heart to grant this freedome, we have reasone all of us to acknowledge
Gods mercie to his Majestie and to us, and to acknowledge his Majesties
goodnes, and to make verie welcome your Grace who is to represent
his Majestie; and I trust this Assembly will allow me verie weill to
give thankes to the Moderatour who served in this roume last, who,
whatsoever you thought or said, God magnified himselfe in yow, and made
your honestie and the caus in your hand cleare to many; and to those
to whom ye were most calumniat, so that both the Kings Commissioner
and Councell have seene that yow have beene seeking God onlie, and no
other thing—and the Lord bless yow! Now, as the Commissioner spacke
verie fitlie that jealousies and suspitions would be farr away,
becaus they are contrare to the designes professed by His Majestie,
and whereof we have this evidence; and contrare to the designes of ws
ministers, who ought to be ministers of peace, ayming at nothing but
Gods glorie and the weill of his Church: Therefore let us labour by
all meanes to get owr hearts single; becaus in so doing owr God will
helpe us. And first, to thinke of overtures, how we may extirpat all
grounds of suspition and jealousie which might be in brethrens hearts,
becaus of the differences of judgments about the discipline of the
Church, and that ceremonies that she has beene troubled with, may be
turned in perpetuall oblivion. And seeing there is in us ane mynd and
heart toward God and peace, let us think upon some overtures, how we
may open the bosome of this Kirk to all these who are penitent, or in
any measure sensible of their misdeservings, (no these who deserves
most expected, if the Lord gives them repentance), seeing we are these
who professed ourselves to be men seeking God, trueth, and peace. Yea
thirdlie, let us give evidence that we are single hearted toward these
that are of a contrare religion, and that we have no mynd to insnare
them, or handle them so as their owne consciences, upon their owne
grounds could say, considering our rules, but rather how we shall get
them informed of their scruples, heard, attendit, and waited upon, and
by all meanes their mynds brought to this poynt of conviction that
they know nothing but God and their owne salvation, and all in a very
moderat maner.


_The Tryell of the Commissions._

After this the Assembly proceidit to the tryell and examination of the
Commissions; and the Moderatour desyred that if the Commissioner his
Grace, or any Member of the Assembly had anything to object against
the validitie or formalitie of the Commissions, that they would make
declaration of the same.

[Commissioner] answered—I believe I shall be glad that there shall
be few contrare opinions—yea, few contests anent the election of
Commissioners at this tyme, and such is my gracious Masters desyre to
have everie thing caried in a fair, calm, and peaceable way at this
Assembly; for all his commands runnes thus, that in anything that
should concerne him, I should give good example and begin, so that
though I might object severall informalities, yet so desyrous is our
Master of peace, that I only remonstrat it to yow to take it to your
consideration. And for me, surely it shall be a very great informalitie
which shall make me interrupt so good a worke.

The Moderatour said—We are glad to heare from your Grace expressions
of peaceable intentions; yet becaus something of that kinde may reflex
upon our proceeding, therefore we should be glad to heare your Grace
name these exceptions; for we desyre not to be pardoned in a thing
wherein we may be mended; if there be reason to approve them, let them
be approven; and if there be reason to cast them, let them be casten.

The Commissioner said—I conceave there are grounds to cast
elections—as, for example, I conceave that, in the choosing of
Commissioners from Presbitries or Presbitrie, if it appeare that there
have been moe Lay Elders then Ministers, I should not think it formall.
Secondlie, if there be a Commissioner chosen where he never had his
residence, and, consequentlie, where he is not ane Elder, I thinke
it not formall. Thirdly, if any man be chosen Lay Elder, and yet not
chosen Commissioner from that place where he is Elder, I think it not
formall. Fourthlie, if a man be chosen laick Elder in ane place, and
after reside in another place and be chosen there, I thinke that not
formall. Fifthlie, if a man be a rebell and at the Kings horne, I
cannot thinke his electione formall. These and many other of this kynde
doe I represent unto your consideratione.

The Moderatour answered—Please your Grace: It wer a spending of lang
tyme to dispute the question in generall. But if it please your Grace,
either by yourselfe or by any other, to nominat these Commissioners
against whom the exception is, and in their persone to dispute the
question, and so either admit them upon reason or reject them upon
reason; ffor we professe we will tollerat no man against whom there
is a just exception wherefore he should not heare be a Commissioner:
therefore, when it comes to the particular, let the exception be
nominat, and it shall be purged some way or els the man removed:
therefore, if there be any within this house who hes any thing to
object against the formalitie of the election of Commissioners, let
them declair the same; utherwayes we will hold our silence for ane
approbation of all.

After the Commissioners wer approven by the whole Assembly,

The Moderatour said—The Assemblie is now constitut and the Members
found perfyte: The Lord give a blessing unto it! Therefore, if your
Grace have any thing to say, it is now a fullie constitut Assembly, and
the Judicatorie sett.

The Commissioner answered—I did not expect so great expedition; but I
am glad that yow take to your wise consideration all meanes that may
facilitat so good a worke; and since, as I was saying, in generall I am
to communicat his Majesties mynd to this Assembly, which I hope shall
give satisfactione to all, I must first communicat to some in privat,
that so it may be the better digested for publict audience; therefore I
desire that any thing materiall may be forborne this day, and that if
there be any matter of lesse importance, they may now be dispatched. To
the which the Assembly acquiesced.

The Moderatour craved, that, in respect he was put upon the toppe of
the bussinesse, and made the mouthe of the Assembly, that whatsoever
might contribute to the good of the worke, they would not only all be
willing in generall but in speciall, to communicat to his assistance
as a servant of the house, and, for that end, that libertie might
be granted to him to joyne some assessours to himselfe, as, namely,
the Earles Argyle, Rothes, Eglintoun, Montrois, my Lord Lowdoun:
Ministers—Mr Alexʳ Henrysone, Androw Ramsay, Harry Rollock, John Ker,
David Lindsay, Robert Douglas, William Livingstone: Commissioners or
laick Elders—the Lairds of Haughtone, Moncreiff, Auldbarre, Wedderburne.

This was refeused to be past in Act; but the Assembly granted to the
Moderatour to crave their assistance in privat, with the Commissioner
his Graces consent.

The Assembly, for the greater facilitating of bussines, did appoynt
a Commission for receaving of Billes that were to be given in to the
Assembly, namely: Ministers—Masters David Lindsay, Robert Douglas,
Andro Fleck, William Jamesone, Frederick Carmichell, David Monro,
George Leslie: Elders—the Earle of Cassilles, my Lord Burlie, my Lord
Johnstoun, Lairds of Fentrie, Keir, Dundas, Provest of Dumbartoun.

Item, another Commission for reportes of references from the last
Assembly: Ministers—Mr John Robertsone, Robert Murrey, James
Edmestoune, Alexʳ Petrie, Thomas Mitchell, &c.

The Assembly, with consent of the Commissioners Grace, did condescend,
becaus of the shortnes of tyme betwixt and the ensuing Parliament, that
there should be two Sessions a day—the first at 9 a clock—the second at
3 a clock in the afternoone, and the sermon to goe in at 7 a clock in
the morning.


Sessio 3.—August 14, 1639.

After in calling upon the name of God, the Moderatour asked the
Commissioner if his Grace had any thing to say to this Assembly?

The Commissioner answered—I am sory to say any thing that may breed
jealousie—farre lesse miscontent in any mans mynd: yet I must say that
agane which I said yesterday in generall; and I desire that everie
bodie that heares me, and in particular the honourable and reverend
Members of this Assembly, may believe that what I doe in this kinde,
is not out of a intention to delay or protract tyme; but surelie the
great and weightie charge I am entrusted with,—secondlie, the short
tyme I have had to consider of the instructiones given to me of my
Master,—thirdly, the sense of my oune weaknes; and I may adde a
fourth—some distemper of my bodie—that I must begg the allowance of
this day—not for any delay or protracting of tyme, but that, after
mature consideration on all hands, we may all sing ane sang before this
Assemblie end; and, having obtained this short tyme for consideration
of my instructions, I must then begg a second favour, that the
Moderatour, and some other with him, may spend some tyme with me this
afternoone, that so thinges may be the better digested, and I more able
to give satisfaction in everie thing that can be expected.

The Moderatour said—My Lord Commissioners Grace gives us to understand
that the Kings mynd is peace toward this Church, and least we should
speake and not understand one another, and stumble in the entrie of
this bussines, his Grace requyres that this day may be given for
consideration of the instructions receaved from His Majestie, and that
some of this number that ye thinke good, with me may attend his Grace,
that one of us mistake not anothers language; and it shall be our
pairt to deall with God to show we a right way, that fra there is ane
ayme at peace we may follow the best way for attaining of it, and for
preservation of it heirafter: for if our way be good as weell as our
matter, it can bring no miscontent: but if we marr in either, we may
breid much. Therefore, let us suspend our judgments in every thing our
mynd might have thoughts about; for this is a tender bussinesse; and
it shall be our wisdome to suspend our judgments till every particular
speake for itself; and since on all hands we professe peace, so let
every mans particular cariage declair the same: so shall trueth and
peace and every mans particular cariage get the oune true approbation.

The Commissioner said—I believe it is scairse expected from me that I
should adde to or confirme that which ye have said, seeing its propper
for yow to speake. Your place carries yow to it, and your gifts gives
yow abilitie for it. The place I am in is to heare and doe that duetie
which is to be expected from a gracious Prince. Yet I may say thus
much without wronging any trust my Master hath put upon me, to second
that yow have said—to witt—if men come without prejudicat mynds—if men
come impartiall, with a mynd to acquiesce to reason when reason shall
be offered, and to imbrace trueth when the way of trueth is layd open
with the soundnes of mynd, and with that reverence and respect which
may be expected from good Christians and good subjects, and which
their oune place will beare to soveraignitie and lesse then which can
never be expected from good subjects: I say if men come so, I hope the
conclusion may be beyond the expectation of us all, and beyond the
desyre of some that all shall tend to peace, and such a peace as hes
trueth for the companion of it, against to-morrow.

The Moderatour asked the opinion of some of the Members of the
Assemblie, whether the Commissioner his Grace his desire was most
reasonable?

My Lord Argyle said—I know that it is the profession and desire of us
all to have all this bussines settled in a fair way; and since the
Commissioner his Grace hath given ws good hopes of it, I thinke it were
ane ill interruption of it to refeuse to his Grace any thing of this
kynd.

The Moderatour desired that, if any of the Assembly thought otherwayes,
they would tell their mynd—for we think verilie (said he) that one
dayes good advysement may save us many dayes paines, and the spending
of this day in thinking upon the best meanes how we may wind to our
good ends, may be like money lent out for double annuell. To the which
the Assembly willinglie assented.

Added to the Commission for the Billes—Mr Wᵐ Douglas, Mathow Brisbane,
&c., to meet at the Parliament House at 6 in the morning and 6 at
night: and so the Assemblie dismissed for this dyet.


Sess. 4.

After prayer, the Moderatour asked if the Commissioner, his Grace, had
anything to say to the Assembly.

The Commissioner answered—I was desirous yesterday of a short delay,
that I might the better consider of my Masters instructions; and,
withall, I was desirous that the Moderatour, and some of this reverent
company, might come doune to me, that to yow I might communicat some of
my thoughts, that they may the more plausiblie be convayed to the rest
of this number. This ye were pleased to doe. Some short tyme we spent
together yesterday, and this morning too; and I doubt not, Moderatour,
but since your comming up yow have communicat to some of the rest, and
so I hope this shall facilitat the matter greatlie; and I shall begg
libertie to repeat somewhat in generall of what hes past in privat.
The deploire to the divisions and differences that hath beene in this
Church and Commonwealth are both so weill knowen to ws all that I need
spend no tyme in it. The bad and dangerous consequents that hes beene
likelie to insue—yea I may say, the ruine that hes bein so imminent,
is yet so fresche in your memories that I spair it. It hath pleased
God so to dispose our effaires, and so to prepaire our Masters heart
to hearken to our just desyres, that he hes bein pleased to grant and
to indict this free Assemblie, as the readie meanes to obviat all such
evills in tyme comeing, and to prepaire thinges that there may not be
the like mistake among us heirafter. If I be not mistaken, this was
the occasion of our petitions: the sense we had of bygone illes, and
the fear we had of the consequentes of these illes, and the desire we
had that these feares should be removed, and that, by removing of the
evills and causes thereof. In privat, to these few of this number that
came to me, I was desirous that they would condescend to me what they
conceaved to be the causes of all the divisions of this Church, that
accordingly we might take to our consideration the readiest wayes to
expunge the same, if any such appeared, and to remove them by wholesome
constitutions. Ye were pleased to condiscend upon some, and it may be
others doe thinke upon some that ye have not thought upon. I doe not
take upon me to determine what are the causes; but as my memorie serves
me, and so farr as I can gather out of the Petitions to the Counsell,
the Commissioner, or to His Majestie himselfe, I shall collect my oune
thoughts, and, if possible I passe by some circumstances, if I touche
what is most materiall, I desire yow to helpe it.

The first occasion that made a sense of the subjects, at least a
expression of the sense to appear to the King or Counsell, was a
Service Booke, latelie introduced and pressed, furst upon the Clergie,
and, I thinke, by them to be prest upon the whole subjects. Upon
this there comes petitions from diverse corners of the countrie, and
the numbers of them grew daylie. This was so taken to heart by the
Counsell, that they did acquant their Master with it; but it may be not
in that powerfull way as to make our Master conceave of the bussinesse
as God hath given him grace to consider since, for which cause, the
satisfactorie answer was not given at first which was expected; and so
your desires grew; and, if I be not mistane, the Booke of Cannons was
joyned with it. Yet it ceased not here. We went a litle further, and, I
believe, in generall, there was innovations complained upon—innovations
alledged to be introduced contraire to the constitutions of this
Kirk. The Five Articles and High Commission were complained upon;
and, I believe that it was complained that, even in the governement
of the Kirk, something was introduced that was not according to the
laudable constitution of this Kirk; yea, I believe, first we came to
complaine personallie of the faults of Bishops—as of the hard usage
of Ministers—the unlawfull oathes extracted of intrants, and, I
believe, in end it came to that, that it was presented as a grievance
to the King, and as an occasion of the destraction of the Kirk, that
Episcopacie itselfe was so farre contrare to the constitutions of this
Kirk and Reformation thereof, and, therefore, that not only their
office behooved to be reformed and rectified, but totallie abolished,
and the Kirk restoired to that governement she had at the Reformation,
by free and lawfull Generall Assemblies, or the subjects could not be
satisfied.

It may be my expression hes not bein methodicall and cleare; yet,
bluntlie and orderlie, I think I expresse the most materiall thinges
that the Kings Majestie hath conceaved to be the grievances and desires
of his subjects, by their petitions, papers, and by the Commissioners
Grace; or, utherwayes, I cannot, nor darr not say, if I answer that
trust that my Master hath put upon me, or, if I discharge that duetie,
that in reason he shall expect from me. But his goodnes is such, and
so farr he hath condescendit to satisfie the desires of his good
subjects, as he hath indicted this Generall Assembly, to take to their
consideration the true cause of these illis which he expects they will
doe, and doe it without partiall respects or by ends; so, on the other
pairt, not only to heare of it be evident trueth, and grounded upon
good reason, as the petitions of the subjects seemes to say, he hath
commanded me, not only to heare, but to consent and to concurre with
yow, in everie thing ye shall agrie upon; yea I may say more; for the
more I look upon my instructions they give me warrant to say the more.
That my Master doeth expect, although I came not here to say that there
is another way in ecclesiastic bussinesse then that way which ye have
propounded to him, and of which he hath given satisfaction to others
by mouthe, that he conceives no other way—that we of this Assembly
will, notwithstanding, consider of the distractions of the Kirk, so
far as our auctoritie can doe. For the Service Booke and Cannons, they
are discharged. For the Five Articles and High Commission, in this
his grace and goodness appears very great—for they were established
in his fathers tyme, and continued in his owne tyme—yet, without so
much as disputing his owne right, he hes bein pleased to discharge
all these; and, likewayes, for what seemed grievous to ministers at
their entrie, and complained of, not only be ministers but by laicks,
the Kings majestie hes beine pleased to declair, that no oaths shall
be exacted of intrants; not that I am commanded to say that ye should
desist here, or take it for a command not to meddle with any more; but
to this end that ye may see his Majesties grace and goodnes, and how
willing he is when reason ruleth, to doe all that can be expected from
a graceous and good King, and requires that this Assembly shall take
to their consideration what is further fitting for freeing us of our
feares and preventing the lyke in tyme to come. And, farther, we have
complained of the personall faults of men, and I am persuadit my Master
will protect no man further nor the Word of God, and order of law doth
allow. Yea, he hath ane eare open to all complaints, and hath commanded
me to receive all billes, and heare them according to the order of
justice, which I hope shall give satisfactione to all men, that is, for
the persons of men. The very calling of itselfe Episcopacie hath beene
represented to his Majestie as a grievance—as ane occasion of thir
evills—as a thing so farr contrare to the institutions of this Kirk,
so many tymes abjured, as that the subjects would not find themselves
quyet in conscience, except the King should be graceouslie pleased to
see it utterlie abolished: and I am commanded to tell you so much, that
his Majestie expects that ye will take this as he meanes it, and as I
now expresse it.

It hath ever beine thought that no mans judgement can be satisfied
without reason. The Kings breeding hath been in a Church where,
ye know, Episcopacie is allowed as a warrantable governement; but
without more discourse, least possible I involve myselfe in greater
difficulties than I can easilie be redd of, I am commanded to tell you
that I have represented the grievances and occasions of those great
evills.

The Kings Majestie is graceouslie pleased to give directions, that
this Generall Assemblie shall consider whether so be or not; and what
yee shall determine in it, I hope ye sall give me no cause but with
that same heartinesse, to expreese my Masters willingness to joyne his
assent and approbation thereto, I shall desire, and truelie I desire
in a verie serious way, that no man carp at my words, (for God knowes
I must come here without premeditation,) further than this, that if in
my expressions of what I conceave to be my Masters meaning, any man
find not himselfe to be satisfied either in the generall way of it,
or in any particular, they would, in that modestie that becomes good
subjects, testifying their tender respect to the honour of our graceous
Master, represent their doubts; and I hope I shall be able to give them
satisfaction.

Next, becaus we are not all of one disposition nor temper of mynd, give
me leave to represent unto yow, that if any of thir particulars, either
last or first—I name none of them—if there be anything more to be
expected or wished then I have said, I should humblie, I say, represent
to your consideration, that before ye fall upon any poynt that should
be unsavourie to so good a King, they may be first communicat to some
of yourselves, and well digested before they come to all our eares
in publict, least ye force me to make answer in that way which will
be unsavourie unto yow, and no less unto myselfe. But this course
being keiped, though I have bluntlie and rudelie exprest my Masters
meaning; yet going in this way, I may expect retribution of respect to
auctoritie, which ye all professe to vindicat his honour before the
eyes of all the worlde; and to vindicat his owne thoughts and privat
judgment, your owne goodnes and duetifulnes I am confident will give
me satisfaction. I may say, whatever my Master hath done in this,
it is done to a good and thankfull people, in doing whereof he will
establishe a place in Kirk and Commonwealth, the fruites thereof will
redound to himselfe in receaving all duetifull obedience; and seeing
nothing amongst us but consent and harmony, and no contest at all,
except it be who should be formest—first, in their duetie to God, and
next to the King.


_A particular deduction of the Grievances of the Church._

The Moderatour answered—We have very great reason to blesse our Lord,
that hath brought foorth this fruite of his favour by such graceous and
honorable meanes to our comfort; and we acknowledge heir, heartilie,
that there is no small expression of our Kings Majesties gentlenes and
goodnes and love to his subjects, that he hath done of his owne accord
so much, and is readie to doe yet further, and to cast into our hands
what God, reason, and law doth allow of, which his Majestie cannot be
particularlie informed of, except from us. We have to thanke God and
his Majestie for that pointe. As for your Grace his Commissioner, yow
have followed the order indeed that is very pertinent, and hath asked
of us in privat, and hath place to ask us in publict, the causes of
disturbance that hath beene amongst us; and as we are bound to give ane
accompt of our proceedings to all men, so especiallie to his Majestie,
or any in his name, and to your Grace in particular. And as in privat
we have dilated some, not takeing upon us to comprize them all, so are
we heir in publict, readie to give satisfaction to his Majestie, and
that by satisfieing of your Grace in this place, concerning all these
illes, takeing them in their owne order as they come in mynd, so farr
as memorie can serve; and for our pairt we have been about to remead
them according to the order of the Kirk, so farr as we could, and will
doe what we can farther, as becomes the Assembly of the Kirk, to goe
in that same course; and we have to crave not only that his Majestie
may be satisfied concerning our proceedings, but that he would confirme
by the civile sanction, that His Majestie and your Grace shall find to
be according to the rule of religion and the word of God, and nothing
else purpose we to crave, nor have we intendit, but are perswaded in
our consciences such, and for which we are readie to give reasons when
we are requyred. In particular, the causes of the grievances that we
have had, and which we have beene about to repair, according to the
constitution and ordinances of the Kirk, are—

First, the want of Generall Assemblies yearlie and oftener, _pro re
nata_, as the necessitie of the Kirk did requyre, which, when we had,
was a verie fair benefite both from God and from the State; for therein
all disorders were freilie spocken of, and when they were withholden,
its knowne by whose procurement, even these that wrought ws much more
griefe, that they might worke the rest contrare to the constitutions of
this Kirk and order of the Booke of Policie and Act of Parliament 1592.
That is one of our grievances.

Secondlie, Another is, that there has beene keiped and authorized some
other Assemblies, that [were] both of wrong constitutions, and did
bring innovations contrare to the order established in this Church and
Kingdome—namelie, Assemblies at Linlithgow, Glasgow, Aberdeine, St
Androwes, Perthe; and

The third cause, as I remember, is, that the Kirk hes bein prest with
the Five Articles of Perthe, and no small griefe brought these to the
subjects which their consciences was thralled to doe. These thinges
they knew, and we have found to be contrare to the Confession of our
Faith; and

The fourth is, that we have beine prest (which also your Grace
will remember) with a Service Booke, Booke of Cannons, and High
Commission—the Service Booke, not only for the frame of it being
Popishe, drawing us away from the spiritual maner of serving our
Lord, wherein everie man should speake to God according to his
present neid and sense, and not to be tyed and speake he wotes not
what, but, besides, the containing many seids of idolatrie and grosse
superstition: the Booke of Cannons, appoynting offices that God never
ordained to be thrust into the house of God, contrare to this State,
and raising up a tirranie in Prelats that is unsupportable either
by reason or any other way: and the High Commission, confounding
judicatories, and putting the keyes of the Kingdome of Heaven in their
hands, who had no power, nor any ecclesiastick office, and againe
putting the civile sword in the hands of Ministers that had no interest
thereunto; God having so distinguisht judicatories, giving everie man
his oune imployment and gifts for it, that his Kingdome should be no
prejudice to the Commonwealth, and hes furnisht the Nobles, and everie
member of the State, so weill, as they need not begg a Kirkman from
his booke to helpe them. Beside this ill, there is the breach of our
Nationall Covenant with God, and not walking holilie and tenderlie
aocording to the same, and did not see the consequence of what, for the
present, seemed little: the not taking head unto it tymouslie hes put
us in this bussinesse, which is now weill enough knowne.

Sixthlie, In particular, there is this Episcopall Governement crupten
in slilie, and erected without order of law, besides the Word of God,
contrare the Confession of Faith and Constitutions of this Kirk, from
the beginning, and the intention and meaning of the Kirk from the
Reformation, who went about alwayes stryving that Kirkmen should be
keeped at their booke and their Masters service, and not stryving who
should be first and highest up in Court, but who should be most godlie,
most honest, and gaine moniest soules unto God, and so keip their
reward till they and their Master meit.

A seventh is, The civile places of the Kirkmen—their usurpation in
Assemblies as they were Lords, whereas all kynd of Lordshipps is cutt
off from Ministers of his house; for he hes appointed in his house to
be only a ministrie, for that is the difference betweene his Spirituall
Kingdome in the subordination of the Temporall. In the ane, all the
officers are Ministers; in the other, the officers are Kings, Lords, &c.

These are the Spirituall evills which, being contrare to the Word of
God, the Constitutions of this Kirk, and the Confession of Faith, what
wonder they greive all honest men who hes no consolation in this world,
but the hope of another? And, therefore, are they readie to exposse
themselves to any trouble under heaven before they quyte a poynt of
their Masters honour. These are the maine causes and reasons of our
setting ourselves against them; and, for our proceeding against them,
we are here readie to give satisfaction to your Grace, as it shall be
your Graces pleasour to choppe at particulars. And, as concerning the
last poynt, touching His Majesties honour, recommended to ws by your
Grace, we may speake tenderlie of as becomes us. It is our duetie, and
we professe it, and take God to witnesse, that we make conscience in
our secrete thoughts, to honour His Majestie; for we know our religion
cannot endure civile Magistrats to get any wrong; for in wronging of
him we wrong Him that sent him, and cledd him with power, and sett him
on his throne; and so we are so farre from not following of that, that
in privat and secrete we professe that we darre not but make conscience
of it. No, no; religion gives them their owne but ours, for Popperie
toppes them over: but doe one thing to ws. Let us give Christ the
highest roume, and nothing that may honour or pleasure Kings, but we
shall altogither doune at their feete with it.

The Commissioner answered—I told yow, Sir, that I did so speake as that
it might suffer corrections, and did remember very shortly the causes
of our distractions, and I should wishe them never to be remembered
without great thankfulnes to God and the King for freeing us of them;
yea, I wishe everie thing that hes brought thinges to that height of
divisions amongst ourselves might be forgotten. Neither yet, in my
last speach, did I give my opinion and advice, out of doubting of the
performance of what I wished; for I am confident, when we rightlie
consider the cariage of this bussines, and his Majesties goodnes
beyond our expectation, it shall be ane argument to move us to repay
the same with thanksgiving. I told yow, as I remember, that the Kings
Majestie, upon the frequent Petitions of his Subjects, conceaved such
and such thinges to be the occasion of the illes, and of all that had
followed on them; and, therefore upon our desires, concluded that this
Assembly should be keept at this tyme, to the end it might be rightlie
considered whether or not these illes were the occasions of these
thinges that have fallen furth, as was pretended by the Supplications
of the Subjects.

The Moderatour answered—Please your Grace: We have considered, and
maturelie considered, and done our younemost for clearing [that] thir
our grieveances were justlie against all these, and nothing els; and
here we are readie to give satisfaction to all who doubts it.

The Commissioner answered—Truelie, I should be desyrous to be satisfied
in some particulars, if it might not possiblie breid ane opinion in
some that I should take upon me to dispute or argue with such learned
men as I know would appeare if I should take upon me so to doe, as if I
desire Episcopacie, so oft alleadged to be against the constitutions of
this Kirk, to be cleired to be so. I believe ye shall not thinke me so
presumptuous as to take upon me to dispute the matter; but to the end I
may represent to my Master the reasons of it, and receave satisfaction
my selfe.

The Moderatour answered—Your Graces abilitie to dispute in all such
subjects is knowne sufficientlie; but it shall be verie acceptable unto
us that your Grace, and especiallie as his Majesties Commissioner,
shall propone all your doubts to us, that we may solve them: for we
have said or done nothing but what may well byde the light, and we are
able to convince, in reason, a reasonable man, such as your Grace is;
and here, in a manner, are verie confident that the more we be put to
give our reasons, the clearer our cause shall be, and we shall be able
to give the more satisfaction.

The Commissioner answered—Yow have heard, and I believe your
conceptions may be more particular then myne; but I believe myne
differs not much from yours—_first_, in that it is supponed by the
subjects to be the occasion of thir divisions and distractions;
_secondlie_ neither doe we differ much about the cause of indiction
of this Assemblie, which is to remove these evilles; and since yow
and I agrie in thir two, I would represent to your consideration, in
the _third_ place, what shall be the readiest way to give my Master
satisfaction, whose desire is that these thinges being represented unto
him, ye shall either find that these are the true causes, and so ought
to be removed, or uther wayes a mistake, and so ought to remaine. If
the true causes, and so ought to be removed, he expects a reason of
all—as, for example, if ye find Episcopacie to be a true greevance and
cause of offence, and therefore to be removed—if ye conclude this, ye
will give a reason of all, and make it appeare to my Master to be the
constitutions of this Kirk.

The Moderatour said—For removing of all thir evills, whereof ye have
spocken, there is a necessitie of the concurrence of our Lord Jesus
Christ in the Kirk, and of his Vicegerent in the State; and when thir
two concurres, our evills shall be perfectlie cured; and if not, there
will remaine a jarre now—the ane pairt being done so farre as we weak
churchmen could do ministeriallie. That your Grace, as his Majesties
Commissioner, may concurre with us, will be unto us verie comfortable;
and for that end we are willing to give satisfaction to your Grace, and
to shew that, from the first constitution of this Church, her ayme hes
alwayes bein to hold out that wicked weed of Episcopacie, knowing that
it was the ground of all Popprie; and in it did sitt, as in a nest,
all the evils that hes overspread the face of this Kirk; and as ill
weeds waxes verie weel, so from this root hes growen up many poysonable
branches that hes troubled the Church of God, becaus Christ Jesus,
being King of this Kirke, and having the statelie appointment of the
government thereof, if anything be out of frame in that, it troubles
the whole estate. For this cause, the Church, from the beginning hes
laboured still to cutt it downe; and becaus I have rudelie exprest
my rude conception, it will please some reverend brother to speake
somewhat further.

Mr Alexʳ Hendersone said—I conceave it not neidfull to adde to your
Grace’s speache, which the Moderatour hes seconded verie pertinentlie;
for it seemes to be incumbent, that the supreme magistrat, when, in
the churches of his dominions, any questions shall arise in matters
of religion, whither it hath bein determinat before, that those that
have power in Assemblies, are bound not onlie to take the same to their
consideration, but also to receave in reverence his Majesties doubts,
and give him satisfaction, that they and auctoritie may joyne together,
the one directing and the other confirming. I thinke it out of question
in the judgement of all that are acquainted with the governement of
the Church, that there be two sortes of church governement. One is
Christian and Apostolic by the Assemblies of the Church; the other is
Episcopal governement. And I verilie thinke so farre as ever I learned,
that our Church, from the beginning, had a intention to establishe the
governement by Assemblies, and did prosecute it with great zeale; yet
it is also evident by the ecclesiasticall historie, that the Church
hath been still vexed with Episcopacie; for some Popish Bishops,
renouncing Poperie, would have bein Bishops still; and I think it was
more out of a desire to brooke the livings than to advance that office.
First, they wer Superintendents, who got commission for visitation;
and its knowne that Superintendents were no Bishops, and what reall
difference was betweene them. And it is also knowne that they did
neglect their function, and not good with it. Another sort of Prelats
that were, or rather supposed Bishops, who brooked the benefic, but not
the office, and these were called Tulchan Bishops. A third sort came
in afterwards by being Commissioners to Parliament, and voters, and
then ascended to that height that ye yourselves are witnesses unto.
They entered as foxes, raigne as lions, and I wish they may die as
Christians. Now for the warrands of this Church against this Episcopall
function. I hope these that are acquainted with the registers of the
Church will find them cleare; and if your Grace doubt of the auctoritie
of them, we thanke God that we have this occasion to give your Grace
satisfaction.

The Moderatour craved libertie to expone what was meant by Tulchan
Bishops. It was a Scotts word, used in their commoun language. When a
kow will not let doune her milk, they stappe the calfes skin full of
strae, and setts downe before the kow, and that was called a Tulchan.
So these Bishops brookeing the title and the benefice without the
office, they wist not what name to give them, and so they called
them Tulchan Bishops—(at which the Assembly laughing heartilie)—The
Moderatour said—Their follies were worthie to be laughen at in this
Generall Assembly.

Mr Andro Ramsay being desired to speake, said—That which hath the
begining of it from man and is of humane institution—that which hath
beene destructive of the discipline of the Kirk—that which hath
beene introductorie of Poperie, superstition, and idolatrie, and
antichristianisme, and the barr of all good reformation,—justlie for
thir reasones ought to be cast out of this Church; but I am able to
qualifie that Episcopacie is such: therefore, for these reasons, it
ought to be cast out of the Church, and can never come in againe.

The Commissioner declaired that he was not desirous that they should
fall upon any scholastic dispute. It was only to represent to their
consideration how farre these that have gone before us in the
reformation, hath found it contrare to the constitution of this Church,
that hath ever beine the ground of all your Petitions.

In reading of the Acts, it was questioned whither the Clerk should
begin at the year 1560 or at the year 1580.

The Commissioner said—It seemes that this worke have had its beginning
from the 1560 year of God, and hath had a continuall progresse ane way
or other ever since; and I believe Mr Archbald [Johnston the Clerk]
is not so ill versed, but without much looking on his booke he could
deduce all the Acts either the one way or the other.

The Earle of Argyle urged that, becaus the Confession of Faith was at
first subscribed 1580, they would begin at that tyme.

My Lord Lowdoun said—It is true that Act in 1580 is the maine Act
against Episcopacie, yet becaus there is a word in it, “as it was then
used,” &c.: therefore the case of it as it was then used, would be made
cleare in the preceiding years 1560, 1575, 1576, 1577, 1578, &c.; for
in all these yeares, Episcopacie came still under consideration: first,
before they came to the office itselfe, they came to the corruptions of
it, ane whereof was—they assumed to themselves titles and dignities:
secondlie, they meddled with civile places: thirdlie, they usurped
power and præ-eminencie over their brethren: fourthlie, they confounded
offices civill and ecclesiasticall: fifthlie, that they had more rents
then was competent to churchmen, and was only imployed for their owne
pompe and grandour. All thir at that tyme were corruptions; whatever
was above a pastor over a particular flock—so that being condemned in
the 1580, the compairing of it with the anterior Acts makes it cleare,
and so it is follie for men to object that that Act against Episcopacie
was but only against that dependencie that it had from the Pope: for
its cleare that they call ane Protestant Bishope, above a pastor of a
particular flocke was chapped at: and take this from them and let them
sie what remaines of that office? Then when it was condemned out of
the Church of Scotland as having nothing adoe there—as wanting warrand
from the Word of God, in place of it, with consent of auctoritie,
Presbyteriall governement was sett downe; and [in one] of the last
Acts of ane and the same Assembly 1581—“whither there was a totall
abolition of Bishops in the Assembly at Dundee, 1580”—the Assembly
answered, that both the name and office was totallie abolished, and
then the Presbyteriall governement put in the place of it, and the
discipline sworne unto, wherein is clearlie sett downe what offices was
esteemed lawfull; whereof Episcopacie is none, but immediatelie before
condemned: so that the connexion between 1574, 1581, is so cleare,
when the ane is put out as wanting warrand from the Word, and the
other put in as having warrand, and that discipline sworne unto—that I
thinke there is many here would be glad of ane occasion to cleare the
matter by dispute to your Graces satisfaction. And becaus his Majestie
was not pleased, at our last happie meeting with him, to approve some
of our proceedings, it is very good reason these grounds be cleared
againe, that we may be that happie as to have the civile sanction
added unto it; and, on the other hand, that it be all our cares, with
that loyaltie and duetie that becomes us, and all tender respect to
our Kings Majesties honour, but to mantaine the same as farr as the
cheefest of these parasites that speakes his Majestie so fair.

Mr Alexʳ Henrysone read a testimony out of ane Epistle of Bezaes,
written to Mr Lennox, dated July 12, 1572, testifying that not only
was Episcopacie put out of this Kirk, but knowene to all the world to
be soe.

The Commissioner said—I intend not to presse any thing but in that
way that shall be satisfactorie to all; yet there are some rockes and
difficulties wherein possiblie our Masters name is ingaged, and I wishe
we may take notice of these, and stryve to come by them.

The Moderatour answered—Your Graces expression is verie good; but
becaus they that know not these rockes well, cannot saill by them;
if your Grace should be pleased to specifie these rockes, we should
endeavour to hold off them.

The Commissioner answered—I desire, so much charitie of them that
heares me, as to believe that I may heare, and possibly have heard,
some thinges of that consequence that they toutch my instructions verie
farre—not for what may concerne the bussines; therefore, I should wishe
we should rather seeme to misken some thinges, rather then toutching
them, to make unnecessary disputes. I conceave we desire nothing but
peace and trueth: therefore let us take a course to establishe these
two, and whatever may hinder these, I take to be the rockes. I have so
good and charitable opinion of some men, that I would yet wishe thinges
were prepaired by them in privat, for [fear of] mistakes; for some
thinges may very possiblie escape some men here that I cannot sit heir
but make answer in a way that I have not as yet. I desired yesterday
to speake with the Moderatour, and I believe he understands me and I
him better then we did; and, therefore, I say over againe, for feare
of mistakes, I should wishe that everie thing [be] now prepaired and
consulted betwixt me and the Moderatour, with some other wise and
honourable Members of the Assembly, and not proponed in publict till it
were thus prepaired.

The Moderatour answered—If it might please your Grace, so farr as I
conceave, there needed no preparation, but only the expression of it by
a mouth that well can, such as your Grace is.

The Commissioner answered—I shall but represent to your consideration,
if God may blesse this meeting with so happie a conclusion—and I thinke
there is no Christian but they will think it happie to see King and
People goe all one way—that the Kings Commissioner, by the warrand he
hath from his Master, sitt here to the end of this meeting, and consent
to everie thing shall be done in it; and in the Parliament, to adde the
civile sanction unto it. I take it to be granted as all our desires;
if, then, we can light upon the way how to make it evident by reason,
that these particulars which I have bluntlie and rudelie expressed,
our Master hath conceaved, the Moderatour farre better expressed to be
the true causes of all our greevances; if, I say, we can light upon
such Acts and Constitutions as may serve us in this, I thinke there is
no more to be done. I desire and hopes it shall offend none, that I
conjure yow, everie one in your stations, Nobles, Peires, and worthies
of the land, and yow of the Ministrie—if it be lawful to conjure such a
reverend company—to take to heart, that the king will doe all that may
secure us of our feares. Only let us be tender of his Majesties honour,
and not make unnecessarie breakes, nor marre that thankes that is due
to him. Lett us not put him to it in shaddowes, for we shall have the
substance.

Argyle said—For the affection and desire of this honourable Assembly,
to give his Majestie all satisfaction, your Grace needs not to call in
question; and for eschewing any rocke in clearing the Constitutions of
the Kirk, lett the clerk be charged upon his fidelitie to his Master,
that he read nothing but what is contained in the Acts, and in the
Confession of Faith.

The Commissioner urged that all further medling with it might onlie be
delayed till 4 a clocke in the afternoone.

Lowdoun said—Delayes are verie unpleasant; and, in suspitious mynds,
breeds many jealousies; yet becaus it is ane cause of the meeting of
this full and free Assemblie, to give full satisfaction to our Kings
Majestie, it seems very reasonable that we take some tyme to agrie
upon the best way it may be done, that both his Majestie may be best
contented, and in such a way as it derogat nothing from the liberties
of the Kirk.

The Commissioner said—The gravitie of this bussines we are about,
should not, I thinke, stand upon dayes, farre lesse houres.

It was condescended by the members of the Assembly, that till 4 a
clocke in the afternoone should be spent in consultation in the great
Kirk among the Commissioners, of the best meanes how the Kings Majestie
should get best satisfaction of all their proceedings, and with all the
liberties of the Kirk preserved.

The Clerk produced ane of the bookes of the Assembly, which he had
gotten from Mr John Rigg, and desired that it might be cognosced upon,
whether it wer authentick. The Kings Advocat declaired that he had
perused the booke, and knew it to be Grayes hand writt, becaus that
same subscription is at divers of his extracts.

  To meet at 4 a clocke.


Sess. 5.—At 4 a clocke in the afternoone.

_Episcopacie proved unlawfull, with the Service Booke, Booke of
Cannons, &c._

After prayer the Moderatour said—Please your Grace, I was useing
diligence in searching out wayes how to behave ourselves, and finds all
peaceablie and modestlie disposed; and when we had thought upon all
mids, we could sie nane, but that way onlie of his Majesties justice
and goodnes, which pleaseth his Majestie to walk in. It is knowne that
his Majestie refused to authorize our controverted Assembly at Glasgow,
neither can we urge the same, seeing his Majestie hes not gotten
cleernes, and is not here personallie present to receave satisfaction,
we can urge no farther. Againe his Majestie, out of that justice, did
not urge his subjects to passe from that Assembly, becaus he knew
they were tyed by so many bands; and soe we resolve to walke through
betweene thir two rockes as circumspectlie as we can, and not toutching
any of them, but keepe our distance betwixt both; and, therefore, I
expect that this whole Assembly to walke verie tenderlie in so great a
bussines that concernes the great honour of our great and graceous King
JESUS, and the tender honour of our good and graceous King Charles.

The Commissioner said—These rockes that I have feared, yow have
discovered, and yow are best able to go by them.

The Moderatour answered—I hope we are neare by the straites of them.

The Clerk proceeded to the reading of the Constitutions of the Kirk,
beginning at the year 1575 and so furth.

The Clerk said—Please your Grace, thir two goes on still togither; some
Acts against Episcopacie, and other Acts, establishing the Booke of
Policie, wherein not only Episcopacie is abjured, but the governement
of the Kirk by four office-bearers, Pastors, Doctors, Elders, and
Deacons, sworne unto; and so furth continouallie, from the 1575 to the
1579. And the Booke of Policie is established. There are about 9 or
10 Assemblies conveened, onlie for the treating of the policie of the
Kirk; and when they conveened they appoynted that the articles that
were to be dispute at the next Assembly, should be dispute in every
Presbyterie and Kirk-Session, that when they came to the next Assembly
they might come with the better advysement. And, as he was proceeding
in reading,

The Commissioners Grace said he was satisfied to the full, and,
therefore, he needit not proceed any further.

The Moderatour said—Your Grace sees how undeservedlie we are calumniat,
and what good grounds we had for all our proceedings at Glasgow.

The Commissioner said—I wishe we may proceid weill now, and that all
our actions be such as may anwer for themselves.

The Clerk proceided on in the reading.

The Commissioner desired that all these evills that were the grievances
might be voiced together, and included under one Act, which the
Assembly acquiesced unto.

The names of these that were to preach on the Sabbath, &c.


Sess. 6.—August 16. _Hora nona._

After prayer, the Moderatour asked if the Commissioners Grace had
anything to say concerning these seven evilles, that hath so greatlie
troubled this Kirk, which have bein represented unto your Grace.

The Commissioner answered—I was desirous that yow, with some of your
brethren, should take the paines to come to me yesternight, that so
we might conceave a way how to order our carriage, that, both in
voicing and conceaving of the Acts, it might be so done as I might
be satisfied, and my Master also, wherein I fand a great deale of
satisfactione. The first thing which yow offered to your consideration,
to be the occasion of these illes, was Episcopacie. My Master was
pleased at the Campe to say so far, that if it could be made appeare
to him, (notwithstanding of his owne inclination and opinion, which
his breeding and the Kirk of Scotland [England] doth possiblie give
him of Episcopacie,) by the Assembly of the Kirk, that it was contrare
to the Constitutions of this Church, he commanded me, not only to
concurre with yow, but to doe all that could be expected from so good
and graceous a King, both by my consenting to it, and ratifieing it
in Parliament. I was desirous that course might be taken, how all
our proceedings might be grounded upon reason; and upon this ye were
pleased to cause read the Constitutions of the Kirk, and I, by the
Clerks paines, and uther helpes that I have gotten, and by that that
passed amongst ws yesterday in privat, am satisfied, and I believe ye
know all, what conclusion I would make—that I desire to be taken _pro
confesso:_ onlie I did represent to their consideration, whether they
should be conceaved all in one Act, or to voice them severallie.

The Moderatour said—There can be no questiones amongst us who would
eschue the rockes we spock of yesterday; but it will be satisfactorie
unto us if there be one Act past heir and ratified in Parliament, and
this, as we conceave, will be the best way to keepe us off rockes.

The Moderatour desired the Clerk to proceed in reading the rest of the
Acts and Constitutions of the Church.

The Commissioner answered—It is not necessary for yow to proceed any
further, except it be for the satisfactione of some of yourselves, for
I tell yow I am satisfied; and, in his Majesties name, will consent to
the Act against these things.

The Moderatour said—We acknowledge his Majesties bountie and goodnes
in so doing. We desyre to give declaration of our reasonable desires
and proceedings, that it may be seene all is granted to us for these
reasons. Therefore it is expedient that all our reasons and grounds to
proceed against these evills be read and make manifest.

The Commissioner said—When we shall consider of thir thinges that
were established by law—when we shall consider that some of them were
practised in his Majesties fathers tyme, a wise and religious Prince,
and never questioned till now—I hope it shall move us to thinke more of
his Majesties goodnes, who hes a greater care of our contentment then
we could have expected.

The Clerk proceedit in reading the Reasons and Acts against the Fyve
Articles.

The Moderatour said—Your Grace hes heard the reasons; and as we desire
to rander to his Majestie, humble and heartie thankes for dischargeing
these illes, so we desire that these reasons and grounds of our
lawfull proceedings may be showen to his Majestie, that it may be made
evident to his Majestie and to all the world, that we have beene very
reasonable in all our proceedings, and especiallie at Glasgow, which
they have so much traduced to his Majestie.


Sessio. 7.—[August 17.]

After prayer, the Clerk proceidit in reading the reasons of the
nullities of the six late pretendit Assemblies, which was confirmed
by the testimony of many old and reverend men in the ministerie,
who had beene at these Assemblies, standing up and testifieing the
same; likewise the reasons for condemning the Service Booke, Booke of
Cannons, Booke of Ordination, and High Commission, were publictlie red.

The Commissioner still urged that it was not neidful to read more,
except it were for the satisfaction of some of their owne number. It
was answered, the Assemblie did esteeme themselves bound of duetie to
make knowne the reasons of all their proceedings for the satisfaction
of his Majestie. After all were read,

The Moderatour said—We have now cleared sufficientlie the reasons of all
our proceedings, trusting that your Grace will signifie the same to his
Majestie; and desires likewise that the civile sanction may be added to
it; and, therefore, that we may conclude somewhat, it seemes necessar
that so much as is bygone may be drawne up in ane Act. The Assembly,
with consent of the Commissioners Grace, appoynted a Committie to
goe about the frameing of the Act, that when it came before the
Assembly it might be put to voiceing with all diligence; namely,
_Ministers_—Masters Andro Ramsay, Harry Rollock, James Bonar, Andro
Cant, Robert Blair, David Lindsay, Robert Douglas; _Nobles_—Cassiles,
Lowthiane, Balmerino, Lowdoun; _Barrons_—Cavers, Auldbar, Keir;
_Burgesses_—John Smith in Edinburgh, Provost of Dundie—to meit at
the Clerks Chamber, after the dissolving of the Assembly, about the
frameing of the Act.

The Commissioner desired their way of conceaving it might be showen
to him, that he might come the better prepaired against the morrow;
further, craved libertie of the Assemblie, to depairt for that night
for some important affaires, in respect there was nothing materiall to
be handlit that night, and the Assembly might spend an houre or two in
hearing of some particular billes without him, and promised to returne
tomorrow at 9 a clocke.

_Imprimis_, presented to the Assembly a Suplication from the toune of
Leith for the transportation of Mr James Scharpe, minister at Govan in
the Presbitrie of Glasgow, to the Kirk of Leith, vacant through the
deposition of Mr William Wischart. The Assemblie referred the bille to
the Presbitrie of Glasgow, to consider till the morne.

A Supplication from Air for transportation of Mr Joⁿ Fergushill to Air;
for the transportation of Mr Robert Blair to St Androwes. Becaus of Mr
Johnes unwillingnes, he was ordained to prepair his reasons against
another Session.

A Supplication from the Universitie, Presbitrie, and Toune of Glasgow
for the transportation of Mr David Dicksone, present Moderatour, from
Irwing to Glasgow; and because there was ane hote contestation like
to arise thereabout, between the Commissioners of Irwing with my Lord
Eglintoune, and the Commissioners of Glasgow, the Assembly appoynted a
committie for hearing of both parties, my Lord Argyle, Mr James Bonar,
James Hamiltoun, Robert Blair, John Home, Samuell Rutherfuird.

The Assemblie appoynted a committee for considering of overtures to
be given in to the Assembly; viz., _Ministers_—Mr Robert Murrey, &c.;
_Nobles_—Yester; _Barrones_—Auldbar, &c.; _Burrowes_—Clerk of Dundie,
&c., to meit at Kinghornes house, to morrow, at two afternoone, for the
overtures: And so, after thanksgiving, the Assembly dissolved.


Sessio 8.—_Hora nona._ August 17—_die Saturniæ._

After incalling upon the name of God, there was a letter presented to
the Assembly from the some tyme pretendit Bishop of Orkney, testifieing
his repentance and dimission of that pretendit office. The tenour
followes, [vide Acts, p. 204]:—

After the reading of the said recantation, the Moderatour thanked God
who had extorted a testimony out of the mouth of a man who once was ane
overseer, &c. I wishe all the rest might take the lyke course.

The Moderatour said—Your Grace remembers that there were appoynted a
number of Ministers, with some other worthie members of this Assemblie,
upon a Committie for frameing of ane Act upon these thinges that went
before in this Assembly, wherein such paines have bein taken as we
trust now all the scruples of all the members of the Assembly shall be
removed, that so they may behave themselves in every thing incumbent
to them as good Christians and good subjects, and we hope to have the
consent of the Commissioners Grace to what we doe heir; becaus his
Grace hath heard, being a man of understanding, the equitie of our
cause, and hath warrand from His Majestie that what he shall find right
and reasonable in this Assemblie to give his assent unto it here, and
to ratifie it in His Majesties name in the insuing Parliament.

Mr Andro Cant, having a strong voice, was desired to read the Act, the
tenor whereof followes—[vide Act, p. 204]:—

After the reading of the said Act, the Moderatour desired Mr Alexʳ
Hendersone to speake his judgment of it.

Mr Alexʳ answered—I will not make any discourse, but only tell my owne
particular judgment, and I would wishe that anie here who hes any
scruples concerning the Act, that they would propone them; for I love
rather to satisfie any mans doubts of it, than to fall in any other
discourse at this tyme. And for my selfe, it is alse joyfull a day as
ever I was witnesse unto, and I hope we shall feede upon the sweit
fruites heirafter.

Mr Andro Ramsay being desired to speake, said—I am fullie satisfied,
and hes no doubts but ane, that we come short of thanksgiving to our
God.

Mr Alexʳ Somervell, desired to give his judgment, said—I cannot
testifie the joy that the hearing of that Act breids in my soule.
My heart so abounds with it when I consider the former griefes and
troubles of this poore Kirk, and what a gracious change is now come in,
and albeit some heir have some unnecessar scruples, I thinke they have
reason to tredd upon them; and in respect they heare the matter so well
concluded, and such a comfortable successe likelie to follow, it may
make us all ashamed to entirtaine scruples, but rather studie to randar
thankes to our gracious Lord, and wishe all happinesse to King Charles.

Mr Hary Rollock, being next called upon, said—There is nothing left
for me to say; only I thinke surely we may reckon ourselves to be
like these that dreame; for who would have thought within these few
yeares to have heard in any convention of the Kirk of Scotland, such
ane Act as this so publictlie read, and hopefull to be made a law in
the Church: and these that knowes the difficulties that this poore
Church hes laboured under, may justlie in this respect, thinke this
day a beginning of joyfull dayes, and I am confident that all that hes
ane tender eye to the good of this Church, are wakened with a sweet
sunschyne day, above the darke cludy dayes that past before: and I
hope all of us shall studie to testifie our thankfulnes to God, and to
acknowledge the goodnes of our gracious King, who is pleased to witnes
himselfe so loving to his subjects.

Old Mr John Row next called upon, with teares, said—I blesse, I
glorifie, I magnifie the God of heaven and earth, that hes pittied
this poore Church, and given us such matter of joy and consolation;
and the Lord make us thankfull, first to our graceous and loving God,
and next obedient subjects to his Majestie, and to thank his Majesties
Commissioner for his owne part.

Old Mr John Ker said—I thanke the Lord who hes removed our evilles and
feares, and with my heart acknowledges his Majesties goodnes, and gives
thankes to his Majesties Commissioner.

Mr James Martine, called on, said—I doe acknowledge that wonderfull
hes beine the love and care of God towards this poore kirk and land,
and that all of us had enlarged hearts for praise, and open mouthes to
expresse the joy of our heart.

The Moderatour said—Our joy is not yet full; but I hope, ere this
Assembly close, our joy shall be more perfect.

Mr John Weymes, called on, could scarce get a word spocken for teares
trickling doune along his gray haires, like droppes of rain or dew
upon the toppe of the tender grasse, and yet withall smylling for joy,
said—I doe remember when the Kirk of Scotland had a beautifull face.
I remember since there was a great power and life accompanying the
ordinances of God, and a wonderfull worke of operation upon the hearts
of people. This my eyes did see—a fearfull defection after, procured
by our sinnes; and no more did I wishe, before my eyes were closed,
but to have seene such a beautifull day, and that under the conduct and
favour of our Kings Majestie. Blessed for ever more be our Lord and
King Jesus; and the blessing of God be upon his Majestie, and the Lord
make us thankfull!

The Moderatour said—I believe the Kings Majestie made never the heart
of any so blythe in giving them a bishoprick, as he hes made the heart
of that reverend man joyfull in putting them away; and I am persuaded
if his Majestie saw you shedding teares for blythnes, he should have
more pleasure in yow, nor in some of these that he hes given great
thinges unto.

Old Mr John Bell in Glasgow said—My voice nor my tongue cannot expresse
the joy of my heart to see this torne downe Kirk restoired to her
beautie. The Lord make us thankfull! Lord blesse his Majestie and
Commissioner! Alace! nothing is inlaiking but thankefullnes.

Old Mr Wᵐ Livingston being called on said—I thinke of the many corrupt
Assemblies that hath biene in this Church since the Reformation, I have
[not] beene absent for fear of them, except when I was confyned. I saw
them and the corruptions of them; and when I consider of them within
this thrie year, I would have beene content to have crupten on my knies
to Aberdene, to have seene such an Assembly as this. And now I have
seene it, and blesses the Lord for it, and begges the blessings from
heaven upon our graceous Soveraigne.

The Moderatour said—Would God the Kings Majestie had a pairt of our joy
that we have this day!

The Moderatour desired if any of the Assembly had any scruple to
propone, they would now doe it before the matter come to voiceing.
Further, he asked the Commissioners Grace if he had anything to say, or
any scruple to propone before voiceing.

The Commissioner answered—I sall only, before I give my voice, desire
this Assembly to remember the courses of all this bussinesse, as I have
somewhat confusedly exprest before; and I believe my way of expression
gives some ground of jealousies. I told you that notwithstanding my
Masters oune inclination and breeding in a church where Episcopall
government is allowed, yet such is his care to satisfie the desire of
all his good subjects, that he hes indicted this free Assemblie where
this is to be considered of; and if it be found by this Assemblie to be
such as hath beene expressed in your petitions, papers, and utherwayes,
I am commanded to give my consent to the Act of this Assembly against
it: and, therefore, my voice must be speired last, though I may read in
all your faces, and by the speaches of these reverend men, what shall
be the voice of the Assemblie.

Mr Alexʳ Henrysone said—Becaus Generall Assemblies are expresst in the
Act, but not Provinciall or Presbyteriall, therefore the Commissioners
Grace would declair his consent unto these; to which the Commissioner
acquiesced.

The rolles were called, and it was desyred that the word should be
“agries,” or “disagries” to the Act.

Mr Alexʳ Kerse, being first called on, said—How unreasonable this
unluckie bird of Episcopacie is to be brought doune, and here to
be slaughtered, is not necessar to give epithets unto, if we will
but consider that the four Bishops (if we may call them lawfullie)
established in this kingdome, which are full of abilitie and power,
and nothing can escape them! We have our Church Sessions, Presbitries,
Synodall Assemblies, and such a famous Generall Assembly as this, that
may be sufficient to prove and show the experience of this Government
that now happilie is to be fullie established in this kingdome; for
there [is] not so much as a little cockle or darnell of perverse
or hereticall doctrine that shall spring up but presentlie it shall
be cutt doune, and trodd at under, according to the saying, _vitium
convocationis in tribus, digentur in quarto_, which is true heir; and,
if it escape two or thrie, it shall not misse the fourth. If it shall
happen to escape Sessions, Presbytries, and Synodall Assemblies, it
will happilie be digested and concocted in such a famous Assemblie
as this; and now happilie these poisonable weeds that have oppressed
the stomach of this Kirk are now to be spued out: and here, for this
poynt, I give this Episcopacie an _eternum vale_! As for the Articles
of Perth, and these pretended Assemblies, they are dead it is true,
and appearandlie this is the day of their buriall. I am sorie they
should have gotten such a fair day lent. For me, I mynd to give them
no funerall sermon. But there is ane thing Solomon tells us, “I have
seene the wicked dead, and rise again.” We have need, verilie, to hold
them doune, that they revive no againe. As for the Service Booke,
it condemns itselfe. It carries the Anti-Christian markes, and a
reall practising of that which the Jesuits doth preach; and, (being
interrupted, he said,) therefore I abjure it, and agries to the Act.

All the rest of the Assembly, in ane voice, (not ane contrare,) did
approve and agrie unto the Act.

The Commissioner being desired to give his voice, said—I believe, for
formes sake, I may give it, but materiallie I have given it alreadie.
I have often told you that my Masters pleasure was, that Episcopacie
should be found by this Assembly to be such as they had alledged in
their petitions and papers, (which is now unanimouslie found by this
Assemblie to be such,) that I should both consent unto and ratifie
the same. And I shall neid to say no more in this. But if there hes
bein any jealousies or feares, I hope now they shall be removed; and
it becomes yow best, who are of the Ministerie, to remove them; and
not only to make your people sensible of his Majesties goodnes, to
render to him his due thankes—I meane the humane part of it; for the
praise is due to God, who hes so disposed of his heart, and it is his
oune act and goodnes: yet, when we consider our Masters inclination
and breeding, I hope we shall thinke the lesse tho’ we find greater
difficulties then we could have wished againe these that have beene
his Majesties good informers and instruments in working of this worke,
we must not forget them, but think that we owe them a great deall of
thankes. If any thinke that I conceave any of this due to me, I protest
nothing at all, for I act nothing but the part of an echo, and this
imployment came upon me by my Lord Hamiltons worke; and if ye knew what
I know him to have beene—a faithfull, carefull, and painfull agent in
this busines. I speake it not to derogat from my Masters thankes, but
that every instrument should have their aune acknowledgement: and for
my voice, I approve the Act.

The Moderatour said—We blesse the Lord, and thanke King Charles, and
doe pray for the prosperitie of his throne, and constancie of it,
so long as the Sun and Moone indures; and thankes be to all good
instruments! And since your Grace is pleased to name the Marquis of
Hamilton as a speciall instrument, we are glad—looking upon him as a
man standing on a steeple head on his on foote betweene his misinformed
Master and his native Countrie—to give him a favourable construction.
I am confident that this dayes worke hath made the impression of his
Majesties goodnes, who hath come over his oune birth and breeding, to
give his subjects contentment, so deeplie to be rooted and stamped,
that it shall not easillie be taken out of our hearts againe. And I
expect yow all, according to the place ye have put upon me, especiallie
yow of the Ministrie, to doe your best in giving evidence of your good
service to God in furthering of the Kings subjects to thinke, speake,
and cary furth affection towards him, and as he deserves at our hand.
And let these that are to preache the morne expresse themselves so
duetifullie, that neither the Lord of Heaven want his glorie, nor King
Charles his oune due praise, and instruments may have their place, and
all may be partakers of our joy; for albeit our joy be not yet full,
yet we have conceaved good hopes that ere we sunder it shall be; for
the which cause, we will make requeast for your Grace that there be
nothing inlaiking which may fulfill our joy.

The names of the Ministers that were to preach [not mentioned.]

To meet on Mononday, at 9 a clocke—_hora nona_.


[Sess. 9—August 19.]

After in calling upon the name of God, there was a Letter produced
from the sometyme pretendit Bishop of Dunkell, showing his unfained
griefe and sorrow of heart for undertaking that unlawfull office of
Episcopacie; and withall most humblie craving pardon of God and the
Kirk of Scotland, togither with a formall dimission of that pretendit
office; acknowledging the late Generall Assembly at Glasgow, and all
the constitutions thereof; swearing never to meddle directlie nor
indirectlie with that pretendit office any more; whereof the tenor
followes:—

Be it knowen to all men, I, Alexʳ Leslie, Minister at Sᵗ Androwes:
Forasmuch as I, by my missive letteris sent by me to the Generall
Assembly of the Church of Scotland, holden at Glasgow, the 21 of Novʳ
1638, last bypast, doe frielie submitt myselfe, dimitt, and lay doune
at the feete of the said Assemblie, my pretendit office of Episcopacie
as pretendit Bishop of Dunkell, and by my Letters promised to subscryve
what ample forme of dimission thereanent these Assemblies should
prescryve: and now the said reverend Assembly hath found and declaired
the said office of Episcopacie, as it hath beene termed and used within
the said Church of Scotland, to be abjured by the Confession of Faith
of the said Kirk, subscrived in the yeares of God 1580, 1581, and
1590; and, therefore, decerne the said office to be removed out of the
said Kirk of Scotland. As also, seeing the said reverend Assembly hath
decerned me, according to my said Letter, to subscryve a more ample
form of dimission of my said pretendit office, in the presence of Sir
John Moncreiffe of that Ilk, Baronet—Mr Robert Murray, Minister of
Meffen—Mr John Robertsone, Minister at Perth—Mr Alexʳ Petrie, Minister
at Rynd—and Thomas Durhame, Burgess at Perth—Commissioners appoynted
by them for that effect: therefore, for performance of my said Letter,
and in obedience to the ordinance of the said reverend Assemblie,
Witt ye me to have demitted, quytclaimed, and simpliciter overgiven,
lykeas I now, in the presence of the said Commissioners, frielie
demitt, quytclaime, and simpliciter overgive the foresaid pretendit
office of Episcopacie as pretendit Bishop of Dunkell, with the whole
title, style, name, and dignitie thereof, power of ordination and
jurisdiction, voiceing in Parliament, and all usurpation of the same
in tyme coming, and faithfullie promitts, and by these presents binds
and oblisse me, never to exerce nor use the said pretendit office in
the said Church of Scotland, nor no power of ordination, jurisdiction,
voiceing in Parliament, neither any other power ecclesiasticall
belonged, usurped, and acclaimed to belong to the said pretendit
office; lykeas, according to the Act of the said reverend Assemblie,
I acknowledge the said office of Episcopacie to be abjured in the
Confession of Faith foresaid: And, therefore, most justlie ought to
be removed out of the said Church of Scotland, and the whole premises
I heartilie acknowledge, as I shall answer to God at the great day.
In testimony whereof, I have subscribed these presents with my hand;
likeas, for further securitie, I am content that these presents
be insert and registrat in the Generall Bookes of the Assemblie,
therein to remaine _ad futuram rei memoriam_. And to that effect
Constituts __________________ my lawfull procurators, conjunctlie and
severallie, _promitten de rato_, &c. In witnesse whereof, (written be
Robert Reidheugh, servant to Patrick Rosse, nottar in Perthe,) I have
subscrivit the same with my hand, as said is, at Sᵗ Androwes the 24 of
Januar, 1639 yeares, before these witnesses Mr Joⁿ Patersone, and Mr
Alexʳ Dundie, Student in Perthe, and George Boiswell, Servitour to the
said Sir John Moncreiffe.

A Supplication of the Toune of Edinburgh for transportation of Mr
Samuel Rutherfurd, Minister at Anwith, and Mr Robert Douglas, Minister
at Kirkcaldie, to Edinburgh, presented in face of the Assemblie; and
to eschue all contestations and altercations likelie to arise, (by
reason of the violent opposition of the forsaid Ministers, and no
lesse violent persute of the foresaid supplicants,) if the same should
presentlie have bein taken to the Assemblies consideration, therefore
did appoynt a Committie for hearing of the reasons of them both, and
prepairing the same for the Assemblie, viz., Ministers: Mr James Bonar,
&c.

The Supplication of the Toune of Air for Mr John Fergushill being
againe given in to the Assemblie, the Committie was desired to reporte
their diligence thereanent. Their answer was, they had heard the
parochiners of Uchiltrie, and though they had a great love to their
pastor, yet if the Assembly fand that it might conduce much to the good
of the publict that he should be transported to Air, they would submitt.

The Commissioner urged that their transportation of Ministers that way
might not be prejudiciall to the Patrons right.

Mr James Bonar answered—The stipend of Air was not a benefice but a
modified stipend.

My Lord Argyle said—The Assembly may give way to his transportation,
and decerne him to be capable thereof.

The Commissioners Grace desired that if the voices of the Assembly were
for him to goe to Air, it might be conceaved that they fand the said Mr
John capable of transportation, and gife the Patron give his consent,
decernes him to be Minister of Air.

Mr Robert Eliots supplication for libertie of transportation, referred
back to his Presbitrie.

To meit to morrow at 9 a clocke.


Sess. 10.—August 20. Twysday—_Hora nona._

After prayer, the Supplication of the Toune of Glasgow being againe
presented to the Assemblie for the transportation of Mr David Dicksone,
present Moderatour, from Irwing to Glasgow, he desired Mr Alexʳ
Hendersone to moderat till that parte was discussed, requeasting the
Assembly hold their eyes single upon the glorie of God and good of the
publict, in respect he had casten the conclusions of his mynd upon the
determination of the Assembly.

The Committie appoynted for hearing all reasons and preparing of them
for the Assembly, being desired to reporte their diligence, gave in
with the reasons of the Toune of Irwing why the said Mr David should
not be transported, with the answers of the Towne of Glasgow to these
reasons, together with the replyes of the Toune of Irwing to these
answers, and the duplyes of the Toune of Glasgow to these replyes—all
which, with many other powerfull and persuasive reasons, delyvered by
mouth of Mr Robert Barclay and my Lord Eglintoun on the one hand, and
the Commissioners of Glasgow and Ministerie on the other hand, being
all publictlie read and heard to the full, the matter was putt to
voiceing.

Mr Alexʳ Carse, being first in the roll, said—Ye have to consider—_erit
judicium, res erit in effectum_. Yet when the affection hath any
reasonable centure of judgement, it is dispensable with. What
heartie affection we affect that noble Earle who hes interest in our
Moderatour—not for any personall or partiall respect, yet in such sort
that next unto God who upon the Mount was seene—next unto the Kings
Majestie, who made us heare the voice of joy, we owe ourselves to these
worthie Nobles; and such by mediation have beene instruments to procure
our happinesse. Therefore, for my oune judgement, it were a hard case
to remove a tree thus well grounded and faithfull, but keeping it still
that it may bring foorth more fruite. Therefore I voice for Irwing.

The roll being called, the voices for Irwing exceeded the voices for
Glasgow about the number of 24.

The Committie for Reportes were desired to give in their diligence to
the Clerk, that particular notice might be taken of their proceedings.

The Commissioner said—You remember at our first entrie to this
Assemblie, we layd all doune a conclusion for eschueing of rockes—to
witt—aither the mentioning or prejudging the Assemblie of Glasgow;
and I conceave some processes that have been deduced against some
Ministers for whom numbers of Supplications are presented to me, that
their case may be represented to this Assemblie; for as I desire that
these whose cases are so considerable may be taken to heart, so, on
the other pairt, whosoever shall be found by this Assembly to deserve
such sentences as have beene past against them, I shall consent unto
it willinglie: for as I desire to eschue the one rocke, so would I
have yow holden off the other. Therefore, I shall represent to your
consideration if it shall not be fitt that there be some of this number
from all corners of this Kingdome, where thir men live, who hath beene
processed, and doth now supplicat; that may meit in privat with me; and
it may be, when particulars are considered by us, we fall upon some
mids which both may satisfie this Assemblie as eschue such rockes as
hitherto we have shuned.

The Assemblie said, this desire of the Commissioners Grace is most
reasonable; and therefore did appoynt that the Moderatour or Clerk of
everie Commission, or, in their absence some other worthie minister,
with a ruleing elder from everie ane of the several Commissions, should
meit with the Committie for Reportes, and my Lord Commissioners Grace
at Kinghornes lodging.

A committie appoynted for taking up of the names of expectants, vacant
churches, and deposed ministers for non conformitie, or holden out for
that cause. (_Hic deest._) To meit in the Assembly house at 3 a clocke
in the afternoone.

To meit tomorrow at 9 a clocke.


Sess. 11.—_Hora nona_, Wedinsday [Aug. 21.]

The question about the alleadged adulterie of William Guarsone pursued
by a minister in the Presbiterie of Penpont, remitted to the Committie
for the Billes.

The Supplication of Mr George Hannay, sometyme minister at Torphichen,
but suspended for the present by a Commission, for restauration of his
place; remitted to the consideration of Mʳ Alexʳ Hendersone, Andro
Ramsay, David Lindsey, John Adamsone, Andro Abercrombie, Andro Mill,
Andro Wood, Laird of Dundas.

The Toune of Edinburgh, and the Toune and Colledge of Sᵗ Andrewes
having presented supplications for the transportation of Mr Samuel
Rutherford from Anwith to each of them, after many contestations
and altercations, and the reading of the reasons of Aberdeene and
Edinburgh, and answers to each of them from other, and the reading of
Mr Samuells owne reasons for not transportation at all from Anwith, the
said Mr Samuell, by the farr greatest of the voices of the Assembly was
ordained to goe to Sᵗ Andrewes to serve in the ministerie, and make
such helpes in the Colledge as God shall affoord him abilitie for.


Sessio 12.—To meit at 9 a clock [Aug. 22.]

After prayer, the Moderatour said—We trust that the Assemblie hath
a right construction of the lazarlie proceedings of the Assemblie.
The Lord was graceous unto ws this last weeke in bringing our privat
businesses unto a publict and unanimous conclusion. This weeke, also,
hath been spent in prepairing matters for your greater satisfaction.
That our proceedings may offend none, but give contentment to all
in reasone, we have to doe now with the Reportes; and, becaus the
particular cases of them who were processed before the severall
Commissions are many, we must put difference betweene the faults and
repentance of men, that none may in justice complaine, but that he is
dealt justlie and moderatlie withall.

The Commissioner said—I desire that everie thing be rightlie
understood, that there be no mistake betwixt his Majestie, or me his
servant, and this Assemblie concerning these deposed ministers. I have
alreadie spocken my mynd in it, and in no other termes but that the
state of your processes be so taken to this Assemblies consideration,
that if they be found worthie of deposition, let them be deposed. But
for such of them that are only guiltie of the errour of the tyme,
whereof our Master hes beene guiltie (this is an ill wealed word,
but I know it is so taken) as their refusing to subscryve to the
constitutions of that controverted Assembly at Glasgow, which they
have done by his Majesties speciall commandment, and according to the
light of their consciences, which they thought right then, I shall
only represent to the Assemblie whither or not they thinke our Master
may expect from us that such ministers who for life and doctrine shall
be found fitt to exercise the calling of the ministrie upon their
submitting of themselves to this Assembly, to the determinations of
this Kirk, should not be restored to their places? I speake it to this
end; and I beseeche yow take it right, that since our Master goes so
farr on our way with us in removing all the occasions of our feares,
and hath appoynted to this Assembly to try whither these ministers
deserves such a sentence now if they shall submitt themselves to this
Assembly? I only represent to your consideration, whither in some
things we ought to doe that that may satisfie our Master?

The Moderatour answered—We intend equitie and moderation, that none
shall have just cause to complaine. In the meantyme, becaus it is
incumbent to this Assembly to cleare their mynds towards his Majestie,
I will speak a little. I will not admitt to say so much as your Grace
hath said. We will not let that much imputation to goe from us so high
as to speake of guiltinesse in his Majestie, who hes not bein brought
up heir. We will lay the guiltinesse upon the ministers, who should
have knowne the constitutions of the Kirk of Scotland; and, therefore
we heare plead that his Majesties honour may be cleared, and they seene
to be in the calk. This I speake not, but this Assembly may shew all
moderation and favour to those whom his Majestie requires, in alse farr
as we wrong not trueth, and the libertie and constitutions of the Kirk.

The Commissioner answered—I believe the most of these men that declyned
the last Assembly, they did so upon ane of two grounds—either becaus
they could not thinke lay Elders to be lawfull members of the Assembly,
or becaus their judgment went not along with us anent Episcopacie,
in both which our Masters judgment was ane and the same with them.
Yet now, upon their acknowledgment of their errours in these, and
submitting themselves to this Assembly, I only remitt it to your
consideration if yow can thinke yow should deale so strictlie with our
Master, who hes condiscended so farr to our desires, that he may not
expect something may be done in this, since it may be done without
prejudice to the Constitutions of the Kirk whereof yow pretend yow are
so tender. Therefore I desire this Assemblie to consider wiselie of
it, and not to be led away with your aune particulars—their spleene at
these men or their affection to others whom they would have in their
roume.

The Moderatour said—It is our purpose to put a difference betwixt those
who have only done according to their light in these two things your
Grace mentions, and betwixt those whose life and doctrine have beine
scandalous, and to shew all the moderation to that sort that your Grace
desires.

The Commissioner said—I believe some of the members of this Assembly,
who were appoynted yesternight to speake with me, dealt so ingenuouslie
with me as to say, that although there were many things alleadged
against these ministers, yet could they not be legallie tryed,
except with these things that I have alleadged; for though they were
scandalous in some thinges, yet could there be no formall proces led
against them. Now it is a dangerous position, that a man shall be
condemned for suspicions, becaus his air and the way of his carriage
agries not with others. Let us looke to it; for though in their
judgement they would not subscryve the Covenant nor allow lay elders,
yet to sentence them for that, I thinke it a dangerous rule.

The Moderatour answered—Grants to your Grace; but so purpose we to
proceed that our moderation shall so appeare as your Grace shall
consent als willinglie as we.

The Moderatour desired Mr Andro Ramsay, Mr Alexʳ Henrysone, and Lord
Lowdoun to declair their judgments.

Mr Andro Ramsay said—I thinke there is no man but he will applause
to your Grace in general; but as for the particulars, they who are
judges can cognosce better, and upon their relation the judgment of the
Assembly may rest; for, as I said yesterday, there are four causes of
their removing or deprivation from their Kirks; either becaus they have
not consented to the Acts of the Assembly, or becaus they have deserted
their flockes, or for corruption of doctrine, or for vitiousnes of
life. The two last his Grace pleads not, but only for the first two,
which I remitt to the judgment of the Assembly and thinkes it should be
handlit with moderation to his Graces satisfaction.

Mr Alexʳ Hendersone said—Truelie for my selfe I have no spleen against
any of these Ministers, and I believe they have none at me. I have
beine more blamed this tyme bygone, for that that is called moderation,
than for any great vehemencie against any persone; but for that the
Commissioners Grace hes beine saying, I thinke verilie there will be
many that will be willing to submitt themselves to the judgment and
determination of the Assembly. But I should wishe that they would
confesse some errours in their judgment before they submitt themselves.
Alwayes I thinke it is but a dabling with untempered mortar. These
that are not of the judgement of our Kirk, they will be pleased to
professe themselves to be such, and then let them be conferred with
and convinced. As for others againe whose judgment has gone after
their affection and their affection after the world, these hes need
of repentance; but I thinke they should first acknowledge that there
is something done amisse, and that they have beine guiltie of some
errours; and I thinke by your confession they doe great honour to God,
and establishe a more perfect peace betwixt them and their brethren.

Lord Lowdoun said—So many of them as have not beine present where they
were processed upon, and representation of their case to this Assembly
by supplication, deserves to have their proces considered of here, or
some appoynted by the whole Assembly to heare them.

Mr Alexʳ said—I thinke, verilie, there should be a difference put
betweene those who have not followed their practise according to the
tymes then, but also hes troubled others beside them, yea, and hes run
into England to doe all the ill they could there, and betwixt these
who in modestie and simplicitie, so to speake, hes followed their oune
judgment, thinking it to be right.

The Commissioner said—I shall only differ from Mr Alexander Hendersones
opinion in this—that I believe that none of the ministers that went
to England, went neither out of wantonnes, nor of a purpose of oary
misinformation, but meirlie out of necessitie, for not having stockes
of money. I thinke were [it] not the Kings bountie they should have
starved, and with what peace and securitie could they live here during
the troubles of this countrie? so it was not only but fitting, but
necessar that they should goe.

Mr Alexʳ Hendersone said—Divers of them went to England with full
purses, and others of them stayed at home in securitie; so that it is
evident neither povertie nor fear made them goe out of the Kingdome.

Earle of Rothes said—I thinke, according to the order of this Kirke,
which we cannot goe by—for there are cleare Acts for it—ye must take
the reportes of these that have beine on the former committies, and
then it shall be fitt to cognosce of particulars according to the
degries of the faults and the measure of their repentance; and I assert
so much to the Commissioners Grace, that if these men be so free as
his Grace declaires, I trow there hath beine so much moderation shawen
in the Act of the deposition, that they were sought with all earnestnes
and kindnes to acknowledge their mother Kirk; and I believe that some
charitable disposition will remain still. But can it be thought enough
that a man shall come in heir before this Assemblie, and declair that
he assents unto the institutions of this Kirk, who is knowne not only
to be in some things corrupt in his judgement, but disassenting from
the orthodox doctrine of the Kirk of Scotland, and corrupted with many
moe errours.

The Commissioner said—I suspect if yow looke some of your processes,
you shall find litle more proven against some of them, but these
thinges whereof I have spocken, except it be some pycked quarrells. But
if your Lordship and this Assembly conceaves that we can doe nothing in
that but by takeing in the reportes and makeing formall Acts thereupon,
which is nothing but to evince what we professe to ayme at, and to fall
upon those rockes which we have hitherto eschued, I doe professe that
I can neither consent nor be a witnes unto it. As for the second—for
being of adverse judgment, I hope yow are not so cruell as absolutelie
to condemne a man for being of a contrare opinion anent Ruleing Elders
or such other.

Rothes said—If any man hes made a declaration to your Grace that
they have beine processed for no other crymes then that, your Grace
should notifie such; and I thinke the Assemblie being now conveined,
he that thinkes himselfe thus wronged—that thinges have beine layd to
his charge that it cannot be cleared—it should be considered by the
Assemblie. As for your Graces answer to the last parte of my speach,
my meaning is—not only any opinion of unlawfulnes of Lay Elders, but a
judgment different from the whole frame of the doctrine of our Church
at the Reformation as it is now restoired, and likewayes comitted
Arminianisme and Poppishe tenets: and here I cannot but remember that
man who, in presence of your Grace, layd some imputations against some
worthie Members of this Assemblie. For my parte, I presse that this
proces may be ryped up againe, and I can bear witnes that that man
Mr John Lindsey, sometyme Minister at Carstaires, hath beene corrupt
in his judgment, hereticall in his doctrine, directlie opposite and
adverse from the judgement of the Kirk of Scotland, and a maine
incendiarie and enemie to the worke of reformation in this land.
This shall be made good to your Grace; and if your Grace would paine
yourselfe with the particular, we shall cleare it to your Graces
satisfaction.

The Commissioner said—I desire to eschue nothing so much as the rypeing
up of the particulars that reflex upon one of zon rockes that we have
hitherto eschued; and if this Assemblie will goe on to their formalitie
anent these reportes which I will not dispute much against yow, yow
shall force me to a protestation which I have hitherto spaired; and,
therefore, I shall desire that some such motion may be made how this
rocke may be eschued.

My Lord Argyle said—Becaus it may be, the Commissioners Grace spaires
to speake such free language as need were, for feare of offence, and,
on the other pairt, the Moderatour doeth in free termes expresse
himselfe for fear to light upon the other rocke, and so it may be, many
of this Assembly knowes neither what his Grace nor the Moderatour would
be at: therefore I represent to the Assembly that all may understand
what we would be at, and I believe that soe much tyme and losse as the
agitation of it in publict would take, will suffice to cleare the
matter better in privat.

To the whilk motion the Commissioners Grace and the whole Assembly
did applaud, and for that effect did nominat—[not named].—Becaus the
roll of their names was inlarged and given in more perfectlie the next
Session, we here omitt it.[234]

The Supplication of the Toune of Edinburgh for the transportation of
Mr Robert Douglas from Kirkcaldie to Edinburgh, was againe presented
to the Assemblie; and after the hearing and reading of all reasons
betweene Kirkcaldie, Mr Robert Dowglas, and the Toune of Edinburgh, the
rolls were called, and the said Mr Robert Douglas was chosen Minister
to Edinʳ by the farr greatest parte of the voices.

To met at 4 a clock in the afternoone.


Sess. 13.—_Hora quarta_ in the afternoone.

After prayer, the Moderatour said—According as we left before noone,
we have beine taking some course how exceptions may be taken away from
any that would desire to carpe either at our forme or our present
proceedings. As we appoint a Committie to take in the Reportes, so
have we now, to facilitat our bussines—so have we now inlarged the
number, and divided them againe in four Committies, for the greater
accelerating of matters: viz., ane for Edinburgh and Jedburgh—the 2ᵈ
for Irwing and Kirkcudbright—the 3ᵈ for Sᵗ Androwes and Kirkcaldie—and,
4, for Aberdeine and Forrest.

For Edinʳ and Jedburgh, Mr Robert Knox, and so foorth, _hic deest_.

The Supplication of Leith being againe presented and red in face of
the Assemblie, Mr James Scharpe, Minister at Govan, was transported to
Leith, with the consent of all the Assembly, none opposeing.

A Complaint of ane Mr Robert Hatsone, Minister at Grange, upon ane
George Jamesone, for stryking and abusing of the said Mr Robert to the
indangering of his life, for no caus but becaus the said Mr Robert had
summond him before the Presbitrie for living in fornication, referred
earnestlie and humblie to the consideration of the Commissioners Grace.

A Complaint from the Toune of Peiblis against their reader, referred to
the Presbitrie.

A Supplication for the transportation of Mr Frederick Carmichaell from
_______________ to _______________ referred to the Presbitrie.

A Bill of Forgane in Fife, for Mr David Forrests transportation,
Minister at _____________, referred to the Presbitrie.

The Bill of Invernes against their Minister, referred to the
Provinceall Assemblie.

A Supplicatione for the change of the Presbitrie seat of Mearnes,
referred to the Committie for the Billes.

The names of these that were to preach on the Sabbath day, &c. [not
given.]

The forsaid Committie to meit with my Lord Commissioners Grace in
the severall roumes of the Tolbuith, to-morrow, at 6 a clocke. The
Assemblie to meit at 10.


Sessio 14.—_Hora decima_, Friday, [23 August.]

After prayer, the Moderatour desired the four severall Committies to
give in their diligence; and, first, for the north, Mr David Lindsey,
Moderatour of that Committie, gave in the summe of the proces against
Mr George Gordoune, which was found to bare beine clearlie proven, and
the Assemblie did approve the sentence of the Commission against him.

A Supplication from Mr James Sandilands, Canonist in the Kings Colledge
of Aberdeine: That whereas the late Commission from the Generall
Assemblie had abolished the said facultie whereof he was Professor,
did therefore supplicat the Assemblie for annulling the said Act, in
respect he was only cited before the Commission to be examined upon his
personall carriage, and, therefore, neither had they warrand to doe
further, nor he was bound to answer them in further, and that becaus
there were not a sufficient quorum there present at that tyme.

The Assemblie, at the desire of the Commisioners Grace, delayed it till
the next Session.

As there were some other Reports coming in,

Lowdoun said—The tyme for the Assemblie is now far spent, and the
Parliament approaching verie neare; and, doubtles, there are many
materiall things to be done before the closure of this Assemblie. It
wer fitt that these matters be pretermitted. I shall represent this
to your consideration to be thought upon. Since all of these deposed
Ministers, who are desirous to be heard, are either such whose faults
are so palpable grosse, that on the first view they may be seene to
deserve their sentence, these does not deserve in so short a tyme
to have re-entrie to the Ministry, and so needs not to trouble the
Assembly at this tyme. Others are mainly, declyning the Generall
Assembly, who otherwayes are not so vitious, and who, now professing
penitence, would be receaved upon their repentance, and the more
moderatelie dealt with, that the Commissioners Grace doth now solicite
for them. Others also whose proces is more dark and intricat might be
laid by at this tyme, that so, if our tyme cutt us schort, whichever is
left, it may be of thir personall matters.

To the which motion the Assemblie, with the Commissioners Graces
consent, did applaud, and, for that effect, desired the severall
Committies to take up a roll of these who were onlie deposed for
declyning the Assemblie, and were now supplicants, and to put a
difference between these and others who were more grosse in life and
erroneous in doctrine; and so, matters being made cleare before they
came to the Assemblie, it would facilitat the matter greatlie.

To meit at 4 afternoone.


Sess. 15.—At 4 a clocke in the afternoone.

After prayer, the Moderatour of the Committie for Edinʳ and Jedburgh
did report, that they had seene the Supplicatiouns of Mr Robert
Hamilton, Minister at Lesmahago, Mr John Hamilton, Minister at
Dalserff, Mr William Forbes, Minister at Campsie, Mr James Hamilton,
Minister at Hamilton, and we find them of different natures—some of
them exceeding humble and penitent to us, others of them nothing so.
As for Mr Robert Hamilton, the Committie thinkes he is not to be
suddainlie receaved; for he was that ingenuous as to confesse his
opinion of universall grace, and said it was verie probable. And lyke
wayes his error anent the matter of baptisme.

The matter being put to voiceing, the whole Assemblie, in ane voice,
did allow and approve the proces and sentence given out against the
said Mr Robert by the Commission.

The Commissioners Grace did so allow the same, but only as ane Act of
this Assemblie.

The second Report was of Mr John Hamilton, Minister at Dalserff, whose
proces was cleare—guiltie of symonie at his entrie; changing of the
Elders of the Kirk, contrare to the order of the Kirk, for his oune
ends; concealing of adulteries; miscarriages upon the Sabbath day.

The rolles being called, the Assemblie did approve the sentence against
him.

The Commissioners Grace alleadged that these were verie hard
proceedings, and he was affrayed they should yet run themselves upon
ane of the rockes they had hitherto eschewed.

It was answered by the Earle of Rothes, Lord Lowdoun, and the
Moderatour, that they behoved to testify their detestation of such lewd
practises and erroneous opinions, as they loved the honour of their
Lord and Master, who was very jealous of it; and yet, so as they should
be most willing to testifie their compassion to any penitent persones;
and desired that, if the Commissioners Grace knew a better way to
eschew rockes, his Grace would declair it, and they would follow it.

The 4 Report was Mr David Fletchair, who was deposed for reading of the
Service Booke, and subscryving of the Declinatour, but was uther wayes
a man of good behaviour, and free of all sort of heresie, and was now
truelie penitent for that which he had done.

The Assemblie did approve the sentence, but did grant him the freedome
to be receaved to the ministrie at the first occasion that should offer.

Mr Wᵐ Forbes, Mr James Hamilton, Minister at Hamilton, and Mr James
Hamilton, Minister at Cambusnethan, deleyed till the morne.

The Assemblie to meit at 9 a clocke; and so, after thanksgiving, the
Assemblie dismissed.


Sess. 16.—August 24, _die Saturnæ, hora nona_.

After prayer, the Moderatour said—The reason of our stay so long this
morning is, becaus we are labouring for a fair way, and we find the
Commissioners Grace verie much inclyned unto it. And we are seeking
to give such a meeting as becomes good and obedient subjects, and for
that end we trust delay to speake of the rest of the reportes at this
tyme, if the Assemblie shall so thinke it fitt. In the meanetyme I
regrate that this nationall Kirk suffers under a declaration fathered
upon the Kings Majestie. I regrate that many honourable members of this
Kirk suffers lykewayes: yea, I regrate most of all that his Majestie
suffers, being made the speaker of the whole storie, which could not
come to his Majestie but by reporte; and therefore I desire that this
may be taken to consideration, how the Kings honour may be repaired—how
the honour of this Nationall Kirk may be repaired; and that every thing
in this bussinesse may be done as becomes such a grave Assemblie,
assisted with the Kings Commissioner.

The Commissioner answered—For the first parte of your discourse, our
deley is taken in good parte by all honest men who thinkes no tyme long
nor ill spent in rectifying abuses, and in that fair way as may give
content both to the King and people. And if on the other parte, they
thinke not this a worke of difficultie, they are mistaken. Therefore
let us lay aside all consideration in thir particulars that may
concerne ourselves, and with patience and moderation goe on as we have
begun, that the closeing may be [up to] our expectation; and if we
keepe not this way, my weaknes may carry me on the ane rocke, and your
forwardnes, yow on the other: therefore I thinke some few dayes should
not wearie us, much lesse some few houres that is spent in prepairing
of ourselves to come heir, that so, according to my intentions,
according to my Masters directions, and that that I am confident is
all your resolutions, that so our Master may get satisfaction and we
may get our desires, which I conceave is nothing but to testifie our
loyaltie to our Gracious Soveraigne, securitie to our religion, and
establishment of the government of the Church. I believe these are all
our ends.

For the second parte of your speache, I shall desire that nothing I
have to say be taken hold upon; for all that I may bragg of my selfe
is, that I have gained so much as to be in some measure sensible of
my oune weaknes. Tho’ in some thinges I may fancie ane extemporarie
answer, yet, before I speake much, I shall desire to take it to my
consideration. Yow have beine pleased to make mention, in a very modest
way, of a Declaration, which, if I take it right, is a Booke wherein is
expresst the whole progress of our proceedings: and truelie, sir, the
way that yow have expresst it, no man can take exceptions against it.
Yet I shall recommend to yow, since it carries the title of my Masters
name, that whatever be your sense of the particular, and wherein
yow conceave his Majestie hath had misinformation, yow may walke so
circumspectlie as may testifie that yow tender his Majesties honour.

The Moderatour answered—It shall be our serious endeavour in all
things, and especiallie in that particular, to testifie that we tender
his Majesties honour as the apple of our eye.

The Commissioner said—Since I understand it concernes my Master so
neare, I desire, before yow bring it any more in publict, that some may
speake with me in privat.

Earle of Rothes said—There would be difference put betwixt that that
is reallie done by the King. Anent that which his Majestie himself
heard with his eares, and saw with his eyes, we thinke it becomes
us to speake verie tenderlie of it; but for that which hath come by
misinformation, we must cleare that to the full.

The Moderatour said—Please your Grace: that this bussines may be more
warilie and wiselie handlit, if the Assemblie thinke good, let some
be appoynted to revise the Booke, and they will distinguishe all, and
prescryve such a wise method as we cannot weill erre in.

The Commissioner said—Truelie for myselfe, I am willing to speake my
aune mynd freelie. For me, I thinke the desire is modest and fair, and
I shall be glad to heare anything further in that.

Mr Alexʳ Henrysone being desired to give his judgement, said—Truelie,
for the matter itselfe, it is verie necessar, and I trust it will give
no offence to the Kings Majestie that that Booke be looked on and
examined: ffor, in trueth, I thinke it were a dishonour to the Kings
Majestie to be King over such subjects, both in Church and State, as
are described in that Booke; and I believe it is not written by his
particular direction, nor is he acquainted with the particulars of it.
But these thinges must be left to the view of these that are appoynted
by the Assemblie, who, I trust, will make such particulars in it as may
tend both to Gods honour and the Kings, whereof we are very tender; and
I trust it shall appeare—yea, I am persuadit of it—that we are more
tender nor he that hes written the Booke.

To the which, the Assemblie did condiscend, and for that effect,
did appoynt to view the Booke: _Ministers_—Mʳs Robert Baillie,
Andro Ramsay, John Adamsone, Alexʳ Petrie, Mathew Brisbaine, John
Smyth, John Reid, Joⁿ Home, and Thomas Craufuird: _Nobles_—Rothes,
Cassiles, Lowdoun, Kirkcudbright, Burlie, Auldbar, and the Shireff of
Tiviotdaill: appointed to meet together and divide their aune taskes,
and be diligent students; further, whosoever had marked or noted any
thinge of the Booke, of their aune observatione, let them give it in to
these that are named.

The Toune of Edʳ presented a Supplication for the transportation of Mr
William Bennet from Monymeall to Edʳ; and, after the hearing of his
reasons, and his parochiners, the matter was put to voiceing; and the
said Mr Wᵐ Bennet ordained to stay at Monymeall, by the greatest parte
of the voices.

The Supplication of the Kirk of Dennune to the Assemblie, to grant a
warrand to build the same, and make it a distinct church, referred to
the Parliament.

The Supplication of the Laird of Halhill referred to the Provinciall of
Fyffe.

The Committie for Reportes to meit at 2 houres with the Commissioners
Grace at the Abbey.

The Assemblie to meit on Monday, at 8 houres.


Sess. 17.—Monday, _hora nona_. August 26.

After prayer, the Moderatour desired the Committie who were appointed
for revising the processes of such Ministers as were now supplicants to
give in their diligence.

The first reporte was for Mr Andro Collace. The Moderatour of
the Committie for Edʳ and Jedburgh, Mr Harie Rollock, declaired
that they found him to be deprived for drunkennes, actuall
and habituall—subscryving of the Declinatour of the last
Assemblie—remaining disobedient to the constitutions thereof—for
sacriledge; and, further, they found some pretendit answers to the
forsaid pointes processed against him: his maine answer to them,
in generall, was that the witnesses who had proved the same were
somewhat of kin to the Provest of Dundie, whom, he alleadged, was his
accuser. It was answered by the Moderatour, that the Provest did onlie
accuse him in name of the paroche, and, by that meanes, none might be
witnesses against him who were of kin to any of the paroche.

The Commissioner said—I am to plead for no vitious man; but I thinke it
would seeme too summar to approve his sentence presentlie; for I thinke
all this Assemblie hes not heard all these reasons of his red, nor if
they had, have they tyme to ponder them. I perceave all the processes
are of two natures—either for declyning of the last Assemblie, &c.,
or for personall faults. Now, these deserve diverse considerations,
and, I say, this is a certaine ground—that this Assemblie resolves
not to punische all alike, but that, according to the nature of their
faults, yee will show them favour, less or more. Now, if ye shall goe
on squairlie to approve all the reportes, I doe but onelie represent
to your considerations whither this be not to barre the doore, and tye
your owne hands from showing favour to these whom ye would show it
hereafter.

The Moderatour answered—We will not approve of any proceedings of the
Commissions, how lawfull soever, but with a reservation of justice
to them that will seeke a reduction, and of mercie to them that will
supplicat for favour.

The Commissioner asked—Before whom must they seeke a reduction of their
proces?

The Moderatour answered—Before a Commission from this Assemblie.

The Commissioner answered—If this Assembly shall not approve the
sentence of the former Commissions from the last Assemblie, and
the partie sentenced seeke a reduction of the proces before a new
Commission from this Assemblie, can he ever expect another answer?
But it is alreadie decyded before this Assembly, or, if they doe
otherwayes, they shall oppose the formalitie of this Assemblie.

Argyle answered—The Commissioners may doe legallie and formallie in
judgment, according to the probation of the witnesses, and yet the
pairtie may thereafter improve[235] the deposition of the witnesses;
and soe he may get favour either when he improves that is done, or upon
his repentance.

Rothes sayes—It stands verie weill with formalitie to say the sentence
was justlie pronounced upon that that was proven at that tyme,
_secundum allegata probata_; as, for example, they declyned their
Mother Kirk at that tyme; and what could the Kirk doe lesse than depose
them from it now?—They having rectified their judgement, they recall
the sentence, and recommends the men to your Grace to be provydit at
the first occasion; and soe there is a cleare distinction. The Lords
of Session may reduce their owne decreits, the pairtie compeirand
who before was absent, and impugning the probation. As for these
who have done nothing but declyned the last Assemblie, upon their
acknowledgement of their error, and supplicating for favour, are
presently put out of controversie, your Grace shall get satisfaction;
for the Assembly shall presentlie declair them capable of a ministrie;
but for others who hes beene procest for personall faults, and neither
compeiring themselves, nor no procurator for them, but all proven,
I remit to the judgement of the Assemblie, whether or not they,
compeiring before ane other Commission impugning the processes, saying
the witnesses wronged them, and using legal objections, the Commission
from this may repone the sentence, and make it null? But I thinke if
they have been able to doe this, they should have offered before this
Assembly.

The Commissioner said—They choosed rather the way of humble
supplicating, becaus they conceaved it most satisfactorie to the
Assemblie; and I trust the Assemblie shall not take advantage by that
to proceed the more strictlie against them; but, if they heare of
this, I thinke some of them shall mene their supplications against the
afternoone.

Argyle said—I shall represent to the Assemblie this mids. Let the
Assemblie approve the diligence of the former Commission, and remit
further consideration of the proces to a Commission from this Assemblie.

Lowdoun said—It would be considered that there are two parties interest
in this question: first, there is the Commissioners who had the charge
of the former Commissions and ar now makeing their reportes for their
exoneration; 2ᵈˡⁱᵉ, There is the pairties now supplicants, and they
are either such as upon their penitence or acknowledgement of their
errours, and upon their ignorance of the Constitutions of the Kirk,
doth merite favour; or they are such as complaines informalitie in
their proces, and so seekes to have them reduced and annulled. Now the
ane pairtie—to witt, the Commissioners, seekes to be exonered. The
uther pairtie supplicants, seekes, that they may not be so exponed as
they be stoped from being heard hereafter. Your Grace objects how that
can be reduced, which, after it is deduced, is approven here? If it
lyke your Grace, verie easilie. The Assemblie doth approve that they
have done, _secundum allegata probata_; and yet this approbation may be
given with this qualitie, that it be without prejudice to uthers to be
heard, and to reduce their sentences before the Commission, and grants
Commission for that effect. This being a parte of the Act, it keepes
the mater inteere for reduction. Now, tell me if any pairtie be wronged
by this?

Argyle said—I hope your Grace, by urging of this Assemblie not to
approve the sentences of the Commission from the last, doth not
intend to make us doe any thing which may import our passing from
our Assemblie at Glasgow, which we will never doe. Whilst we breath,
we cannot thinke this; for some of them are approven alreadie. It
is lykewise a great mistake to thinke that [by] our craving of the
bringing in of reportes, we seeke ane approbation of the last Assemblie.

The Commissioner answered—Your Lordship speakes to verie good purpose.
I intend no such thing; but onlie I declair what is done in this I will
assent unto it as ane Act of this Assemblie.

The Moderatour said—Please your Grace, I have bein drawen up the forme
of the Assemblies approbation of these sentences, which I hope shall
both give satisfaction to your Grace and to the Assembly:—

“The Assembly, after the receaving of the Reportes from the Committies,
approves their proceedings; without prejudice of any favour that can
be shewed to any pairties, upon their supplications, or of justice to
such as complaines of their proces, and offers to impugne the same, by
whatsover reasone, competent by the laws of this Kirk and Kingdome:
Lykeas the Assemblie doth grant Commission to that effect.”

After much agitation, this forme was agried upon.

The next Report was of Mr Robert Rollock, who was found, by the
Committie, to be deprived for non-residence for 3 yeares; 2ᵈ For
neglect of his charge while he was with it; thirdlie, for maintaining
the universalitie of Christs merits, and the falling away of the Saints.

The said Mr Robert compeirand, and being demandit what he had to answer
for himself, alleadged that the witnesses who deponed these thinges
were ignorant men; 2ᵈˡⁱᵉ, That he did not in preaching, but in privat,
affirme the forsaids pointes. The Committie finds his proces clearlie
deduced, and sufficientlie proven.

The Assemblie approve the Sentence, with the forsaid reservation.

The Committies were ordained to have their Reportes readie written
against afternoone.

To meit at 3 a clocke.


Sess. 18.—_Hora tertia_ in the afternoone.


After prayer, the Moderatour called for the rest of the Reportes.

The Moderatour of the Committie, Mr Hary Rollock, answered—There is
Mr James Hannay and Mr Alexʳ Thomsone. We find they were deposed at
ane Committie joyntlie for reading the Service Booke and subscryving
the Declinatour, and the Committie finds that it was verie formallie
deduced.

Mr Wᵐ Ogstane, sometyme Minister at Colingtoune, was deposed for
deserting of his flocke—causeing his people (after a superstitious way)
sitt on their knees when he examined them—medling with the poore folkes
box, &c.

Mr George Maxwell, Minister at Dumbar, for foule errours in his
doctrine, as his proces at length beares—for medling with the poore
folkes box, hard usage of his flocke and paroche, &c.

Mr George Sydserfe, at Colberspeth, for contemning his Presbytrie,
preaching after his deposition, &c.

Mr Wᵐ Whishart his proces is so lang, that it is a volume—onlie we have
drawen up his dittay in these thrie generalls—in his doctrine, life,
and discipline. I remember of ane particular of his doctrine, proven be
all his paroche, preaching upon Genesis, how Isaak desired his wife to
say she was his sister. He gave a marke. “If God (said he) had punished
the father, the Sone had never fallen in the like fault”—common
drunkenes, notour, &c.

Mr John Watsone, in the Canongait, for deserting his flocke, contemning
his Presbitrie, and declyning the Generall Assembly. All these
Processes the Committie finds to be formallie deduced and sufficientlie
proven.

Mr Francis Harvie, of Zeattam, was deposed for contempt of his
Presbytrie—for setting up of ane altar and raill—for declyning of the
Assemblie—for a cruell act of his hands in stryking of a man that
within short tyme thereafter he died—ane of the most notorious raillers
against worthie Noblemen that ever was heard tell of.

Lastlie, Mr Patrick Lindsey his proces is very fearfull, for its all
grosse Poperie and Arminianisme—yea, there is not a poynt of Arminian
doctrine or Poperie but he hes mentained it in the grossest way. We
find all these orderlie deduced.

The next Committie for Kirkcaldie, Dundie, Sᵗ Androwes, was called
upon to give in their reportes. Mr Robert Douglas, Moderatour of that
Committie, answered—We found all the processes that have come before
us formallie deduced, viz., Mr John __________, Reader, Vicar, and
Procurator of the Kirk of Dundie, was deposed becaus he tooke upon him
the office of a preaching Presbyter without a flocke; 2ᵈˡⁱᵉ, He did
contemptuously disobey the Constitutions of the last Assemblie; 3ᵈˡⁱᵉ,
He did not onlie refuse the reading of the Confession of Faith, but
mocking, called it the Jewall of Four. He absented his charge often 4
weekes togither. Mr Wᵐ Wischart, Minister at Sᵗ Andrewes, was deposed
by that Presbitrie, and their assessours adjoyned to them, be the last
Assemblie, for deserting of the flocke for the space of 18 moneths
together.

Doctor Panter, of the New Colledge of Sᵗ Androwes, for his erroneous
doctrine taught to his schollars, found in his Note Bookes, at large
exprest in his proces.

Mr Hary Scrymgeor, for his fornication confest, &c.: first, for not
catechising his people for the space of 12 yeares; 2ˡⁱᵉ, Becaus he
affirmed the Nobles were taking the crowne off the Kings head to sett
on their owne; 3ˡⁱᵉ, For calling the Covenant a black Covenant; 4ˡⁱᵉ,
For disobeying the Presbitrie; 5, For obtrudeing his Sone to preache
and administrat the Sacraments, not being called thereto.

Mr Androw Learmonth, for calling all the Covenanters perjured—declyning
his Presbitrie and the Generall Assembly—refuseing to intimat the
Bishops sentence. He gave in a Supplication this morning to the
Committie, and tooke it up againe and promised to correct some faults
in it, and bring it in againe the afternoone, but hes not keeped his
promise. These we find all formallie deduced.

The third Committie of Irwing and Kirkcudbright called. Mr Mathow
Brisbane, Moderatour thereof, said—We find Mr James Hutchisone hes
beine deposed not only for declyning of the Assembly but for sundrie
other grosse enormities—profanation of the Sabbeth, drunkennes,
strykeing of ane John Dougall as he was going into the pulpitt, and
sundrie other pointes.

Mr James Stewart, for declyning the Assembly—non-residence the space
of six Sabbeths together—imprecations out of the pulpitt against his
paroche.

Mr Thomas __________, of Cameray, for grosse drunkennes, profanation of
the Sabbeth, ordinary swearing, oppression, strycking, &c., not only
proven but confessed by his hand writting.

Mr George Buchannan, of Kirkcudbright, for declyning the Assembly
and continowing in his contumacie, refuseing to compeir before the
Commission. The said Mr George compeiring before the Assemblie, which
was delayed till the morn. The Committie finds all clearlie deduced.
The Assemblie approves the sentence against him, with the foresaid
reservation.

The Supplication of the Universitie of Glasgow for the increase of
their provision and number of their Professours, which they craved
might be recommended to the ensuing Parliament. Delayed till farder
advysement.

The Supplication of the Burgh of Glasgow for the transportation of Mr
Robert Baillie from Irwing [Kilwinning] to Glasgow delayed till the
morne, that all parties who had interes might prepair their reasons in
writt.

The Committee appoynted for trying of the Booke of Assembly which was
newlie come to the Clerks hand, gave in their Reports:—That they fand
the Booke to be authentick, and the reasons thereof subscryved with
their hands. The whole Assembly, in ane voice, did approve the said
Booke as ane authentick register, and ordained the same to have faith
in judgment, and outwith, in all tyme comeing. The Commissioners Grace
desired the reasons of the validitie thereof might be insert in the
Booke of the Assembly.

A Supplication from Mr Thomas Tullidaff, minister at Foverane, a man
of 98 yeares, having bein a minister 57 yeares; that whereas he had
demitted his place in favours of Mr John Patersone for the soume of 400
merkes a-yeare, and having no better securitie but the said Mr Johns
simple bond, who may be transported or suspendit, &c., and so the old
man prejudged, therefore did supplicat for ane Act of the Assembly in
his favours, that he might be secured of the forsaid soume during his
life; to the which the Assemblie willinglie condiscendit.

A Bill from the Boundes benorth Tay, desireing a Commission may be
directed from this Assemblie for rectifying of many abuses there, and
for planting of the vacant Kirks, such as Elgine, Innernes, Chanrie:
this Bill, at the desire of the Commissioners Grace, delayed till the
morrow.

The Supplication of the Toune of Edʳ for planting of their Churches
with a lite of such as they had their eyes upon, viz., Mr David
Dicksone, Minister at Irwing, present Moderatour; Mr Andro Cant at
Newbottle; Mr James Hamilton at Dumfries—becaus of contestations like
to arise, delayed till the morne.

The Baronie Kirk of Glasgow, of 11,000 communicants, discerned to
be a distinct paroche, upon a Supplication presented be Mr Zacharie
Boyd. Mr John Row, Mr John Ker, who were appoynted to take notice of
Doctor Eliots case, reported that they thought him to be a humble and
modest man, penitent for any thing he hes done, and submissive to the
Constitutions of the Kirk. The Assembly declaires him to be capable of
the Ministrie, and to be provydit at the first occasion.

The Committie for viewing of the Declaration appoynted to meit in the
Assembly House tomorrow at six houres.

The Assemblie to meit at 11 houres, and to have but ane Session
tomorrow.

       *       *       *       *       *

Sess. 19.—_Hora undecimo._ August 27.


After prayer, the rest of the Reportes being called on, the Moderatour
of the Committie fand that Mr Robert Murray was deposed by the
Commission of Kirkcudbright for oppression, drunkenness, railing,
selling the Sacraments, sacriledge, bryberie, &c., instanced in many
particulars and clearlie proven.

Mr James Scott was deposed for his absence from his flocke 8 Sabboths
together, sacrialedge, intromitting with penalties and contributions,
disobedience to the Presbytrie, tableing, converseing with excommunicat
Papists, and declyning the Generall Assemblie.

Mr Patrick Adamsone was deposed for his insufficiencie for the
Ministrie, proven by the testimonie of his brethren, frequent
drunkennes on the Sabboth, and dancing in his drunkennes, and
disobedience of the Presbitrie.

Mr Robᵗ MᶜClellane deposed for his insufficiencie, intemperat drinking,
and disobedience to the Presbitrie; all which processes the Committie
finds formallie deduced and clearlie proven.

The Assemblie approves their sentences without prejudice of justice or
mercie, upon the Supplication of some or reduction of the processes of
others.

Mr David Fletcher, compeering personallie, declaired that he was
penitent and greeved in soule for these two errors, in reading the
Service Booke, and declyning of the Assemblie; and, therefore, in all
humilitie, desired to be receaved in favour with the Assemblie, and
declaired to be capable and worthie of the Ministrie, and submitted
his life and conversion to the censure of the Ministrie of Edinʳ,
who declaired that his life and doctrine was both unblameable. The
Assemblie found it expedient that he should be restoired to the
Ministrie, and to a particular flocke, as he gets ane orderlie calling.

A Supplication of the province of Aberdeine upon the cruell oppression
and persecution of the enemies of this Church and Kingdome, daylie
lying in wait for their lyves, so that Ministers were forced to retier
themselves, and not to come to their flockes, recommended most humbly
and earnestlie to the Parliament.

Mr John Lindsey at Carstaires, compeering personallie, presented a
Supplication to the Assemblie, acknowledging his forward following
the course of conformitie, craved pardon of the Assemblie, and sought
re-entrie to the Ministrie, in respect it was the humble petition of
his parochiners to have him restoired to them againe, and promised
obedience to the Constitutions of the Assembly. The brethren of his
Presbytrie testified that he was a violent prosecutor of the course of
conformitie, and urging his people thereto; that he was contumacious,
disobedient to his Presbytrie, railer against his brethren, and hes
declyned their judgment and the Assembly both; that he would not come
to the Synod where he was cited, alleadging his want of health and
strength, but anon, thereafter, found health and strength to goe into
the English army.

After much agitation to and fro, the Commissioners Grace pleading
for him, and his owne brethren testifying against him, the Assembly
ordained these persones following, to conferre and try the soundnes
of his repentance and his judgement in doctrinall poyntes: Mr Alexʳ
Somervell, Richard Inglis, George Young, Mathow Brisbane, Andro Ramsay,
Robert Douglas, Hary Rollock, Andro Cant.

Mr James Hamilton, who hes beene these 52 yeares actuall Minister,
being deposed for declyning of the Assemblie; upon his humble
Supplication and Confession, declaired capable of the Ministrie.

Mr John Hamilton of Dalserff, his Supplication delayed till the morne.

Mr Wᵐ Ogstounes referred to the Commission that was to be appointed.

The Commissioners Grace presented a paper in name of Mr Robert
Hamiltoun of Lesmahagow, wherein there was not the least word of his
repentance or submission, but rather a maintaining of his errours,
especiallie Arminianisme, and in substance a declyning of this
Assemblie.

The Moderatour desired Mr John Adamsone, Mr James Bonar, Mr John Row,
Mr Andro Cant, to give their judgement of this man. They all in ane
voice declaired he was worthie of excomunication in this Assemblie;
nevertheless, the Assemblie, to show their moderation and willingness
to gaine the man from his errours, did appoynt Mr Samuell Rutherford
and Mr Robert Baillie to conferre with him and report against the morne.

Upon occasion of the erroneous doctrine defended by these Ministers,
there was a motion made by Mr Alexʳ Hendersone, That it was expedient
that there were a positive confession drawen up, and these errours
related therein and expresslie condemned by the Church, and the
doctrine of the Church of Scotland cleared, that none heirafter pretend
ignorance of them, and that this grave worke were recommended to such
and such men; the which motion the whole Assemblie did applaud.

Sir Robert Edwards Supplication referred back to the Presbitrie.

The Supplication of the Presbitrie of Skye, not being joyned to any
provinciall, and of the parochiners of the North Isles, for erection of
ane provinciall amongst them, delayed till all the interest be heard.

The Bill for the change of the Presbitrie seat of Mewres, referred back
to the Presbitrie.

Sir Alexʳ Carnegie of Bonnymoone having built a Church upon his oune
expenses, did supplicat that it might be decerned to be a distinct
paroche.

As lykewayes a Supplication of Duncan Campbell of Glenlyon to the same
effect, referred to the Parliament.

Mr James Scotts Supplication referred to the Commission.

Walter Macaulay, of Ardincaple, his Supplication for the distinguish
of two paroches lying promiscuouslie through other, referred to the
Presbitrie of Dumbarton.

The Supplication of the Chanrie of Ross referred to the Parliament.

Mr James Sandilands, canonist, his Supplication being againe presented
to the Assemblie, and many pressing arguments why the ffacultie could
not be abolished, used by the said Mr James, which gave great light
to the Assemblie, the Assemblie appoynted Mʳˢ John Adamsone, David
Lindsey, James Bonar, Doctor Strang, to consider of it till the morrow,
and then to give their best overtures in writt.

The Supplication of Mʳˢ Alexander Schrogie, William Leslie, ___________
Lindsey, referred to the Commission.

The Supplication of Alexʳ Gordoun, of Knockgray, in name of the
Parochiners of Carffairne, for a contribution for a stipend to the said
Kirk built be the said Paroche, according to the Act of the Assemblie
at Glasgow, Decʳ 16.

The Assembly recommends the same _de novo_ to the charitie of the
bounds then designed for that contribution.

Mr Alexʳ Callender, Minister at Denna, in Stertoun, a pendicle of
Falkirk, and supplicat that it might be established as a distinct Kirk,
referred to the Parliament.

The Parochiners of Ardinlach and Edenkillie being under ane ministrie,
and far distant, did supplicat for a disunion—_Fiat ut petitur_.

The Assemblie craves warrand of transportation to Mr Alexʳ Pearsone.

A Complaint of some of the Parochiners of Bathgait, upon their
Minister, for leaving of preaching in the ordinarie Kirk thereof,
and preaching in a Kirk new built, in a myle distant from it, not
commodious for holding the congregation, referred to the Synod.

The Committie for the Overtures being desired to report their
diligence, gave in these following—(_Hic decst._)

Earle of Eglintounes Supplication for erection of ane Kirk between
Beith and Lochunnoch, referred to the Commissions for the Parliament.

The 4 Committies for the deposed Ministers, appoynted to meit tomorrow,
at 7 a clocke, to try their repentance, and to hear their just
defences, and report to the Assembly.

       *       *       *       *       *

Sessio 20.—August 28, Wednesday.

_The Assemblies Motion for authorizing the Covenant, by way of new
Swearing and Subscriving thereto by the whole Kingdome._


After in calling upon the name of God, the Moderatour said—Please your
Grace: The tyme now drawes schort; and your Grace, we trust, considers
that there are some weightie poyntes of greater consequence and moment
nor we have handlit, that are yet to be done, and this a speciall
ane. We are longing to have your Grace with us in the Covenant, and
all others in the kingdome; that, as we are under ane religion and
kingdome, [we] may all be under ane Covenant and band. And this I
know, the whole Assemblie is longing for it.

The Commissioner answered—Truelie, that particular hath beine so much
in agitatione this tyme past that if I should not expect something
to be spocken of it in this Assemblie, I should be much to blame. I
believe yesternight was the first occasion of discourse that I had upon
it; and truelie I think it a matter of great consequence; and as it
is a bussines which I cannot say but ye have reason to presse as that
which may make a happie conclusion of all this bussines; so, on the
other pairt, it being made up of two bodies—the Confession and Band—in
either of both there is so much, that, if I desire to be weill advysed
in it, I hope I shall offend none.

I will not rype up the mistakes that hath beine; for I believe,
whatever differences there hes beine about it, they have beine
about mistakes. Yet this much I may say for the Confession of Faith
itselfe—The ground of it proceeds from the year 1580, 1581, and
renewed sundrie tymes since. It seemes that, by the progresse of tyme,
there hath beine some thing which hath intervened, that gave the Kirk
of Scotland occasion to thinke it necessar to explain it in some
thinges, and to find that some thinges were excluded by it that is not
particularlie expresst in it. And now it hath pleased God to move our
Kings Majestie to indict this Assemblie, and hath given me warrand,
whatever exposition this Assemblie shall find that Confession to beare,
and likewayes whatever is found by this Assemblie to be excluded by
that Confession, I, in my Masters name, shall consent unto it; and now,
if there be any mistake, it is upon that pairt of the Covenant which
makes up the Band.

Now, for the Confession itselfe I have no scruple, neither as it was
literallie sett downe, nor as it is now explained. For the Band, it
may be, if in forme and matter some thinges were rightlie understood,
soveraignitie will receave satisfaction.

The Moderatour answered—We have still bein and are able to give
satisfaction in all thinges that might impaire the due estimation
of good and loyall subjects. As for the Band, we thinke it so well
conceaved, that, were it to doe over againe, we could not light upon
such happie expressions. Nevertheless, we are content that your Grace
call for whom ye please to receave farther satisfaction.

The Commissioner said—Whatever debates there hes beine betweene me
and this Assemblie since our meeting, I hope [these] shall take a
friendlie conclusion. I believe there hes bein none except in that
particular anent the deposed ministers; and, for that, I hope to
receave a charitable answer, since it is my Masters speciall command so
to doe; and duetie oblisses me, since my Master conceaves most of them
suffers for his cause; and so, what debates hes bein, the conclusion is
good. You have taken your way, which is agrieable to the constitutions
of this Kirke; and I believe with that respect to my Master what favour
shall be granted to them upon their Supplications.

But for the particular—there is so much done in it by this Assemblie,
that, for myselfe, I have no doubts of the Confession of Faith itselfe,
or of the explanation that is made upon it; that if there be any
scruple, or shadow of scruple, it is concerning the said Band.

The Moderatour answered—We are very readie to remove these shadowes,
and to give your Grace satisfaction.

Upon a Supplication of the new Colledge of Sᵗ Androwes, that, according
to the Act of Assemblie at Edinburgh, October 9, 1582, Sess. 10,
Commissioners would be appoynted for visitation thereof, to concurre
with the Commissioner from the Parliament, for examining the foundation
thereof—establishing necessar Professours of Divinitie, provyding
competent meanes. The Assemblie find this desyre most reasonable;
and, therefore, did grant Commission to Earles of Rothes, Montrois,
Cassiles, Lowthiane, Lindsey, Burlie, Balcarras; _Ministers_—Mʳˢ
Alexander Hendersone, Andro Cant, Robert Blair, William Scott, David
Dalgleische, James Bruce, Andro Fleck, Frederick Carmichaell, for that
effect.

It is observed, that there was a clause in this Supplication, that
the foresaid Colledge might have libertie to call for any man to be
Professour therein. It was excepted against by the Colledges of Glasgow
and Edinburgh; and much contestation being like to arise, the motion
was put to voicing, Whither their Supplications be grantit simplie
or conditionallie? And, by the greatest parte of the voices, it was
granted but conditionallie.

The Supplication of the Colledge of Glasgow to that same effect. The
Assemblie fand it necessar to be grantit next, and after Sᵗ Androwes,
and without prejudice to them; and, therefore, did nominat, Earles
Argyle, &c.; _Ministers_—Mr James Bonar, &c.; _Burgesses_—Provost of
Stirling, &c., to meet the first Tuesday of October.

The Supplicatione of the Towne of Edinburgh, containing a leete of
ministers for planting of their Kirkes at the desire of the Assemblie,
they were content to passe from them all, except Mr James Hamilton.
After reading of the said Mr James his reasons, the matter being put
to voiceing, the said Mr James, by the greater parte of the voices,
decerned to stay in Dumfries.

These that were appoynted to conferre with Mr Joⁿ Lindsey, were desired
to give in their reports. They answered that he gave full satisfaction
to their contentment, and did heavilie regreat his former wayes—was
willing to submitt himselfe to the constitutiones of the Kirk; and,
therefore, they thought it fitt that the Assemblie should declair him
capable of the ministrie; and upon his satisfaction at his Presbitrie
and Paroche, and declaration of his repentance, then he might be
reponed to a flocke.

Mr John Lindsey, compeiring, said—I professse in the presence of the
Commissioners Grace and this Assemblie, that I am heartilie grieved
that ever I should have offended Nobleman, Minister, or any other;
and that I myselfe should have bein the caus of it. And I confesse I
was too violent in that course of conformitie, and now have gotten
satisfaction of my scruples. I doe submitt myselfe to the determination
of this Assemblie—yea, and to all these to whom I have failed. The
Assemblie declaired him capable of the Ministrie, and approves the
Report of the Committie.

Anent Mr James Hamilton, Minister at Cambusnethan, the Committie
reported that he was a young man of good behaviour, and welbeloved of
his paroche, and guiltie of nothing directlie but the subscryving of
the Declinatour; and, therefore, it was their judgement he might be
dealt with as Mr John Lindsey.

The said Mr James compearand, confessed that he had wranged and
offended his Mother Kirk, and humblie desired to be receaved in her
favour.

The Assemblie did heartille receave him, and declaired him capable of
the Mlnisterie.

The same report was made for Mr Wᵐ Forbes, who humblie confessing his
faults before the Assemblie, got the same favour.

The Committie reported that Mr John Hamilton was also truelie penitent,
but it was [thought] he should give his tryell of new. The Assemblie
refers him back to to the Presbitrie.

Mr Robert Hamilton, of Lismahagow, compeired and said he was willing
to subscryve the Cannons of the Synod of Dort, and to revoke all
his Arminian tenets that he had mentioned; and, in speciall, he was
sorrie for his rashe expressions in his paper given in yesterday to
the Commissioners Grace, and was willing to submitt himselfe to the
Assemblie.

The Moderatour said—This matter is not of so small consequence, that
we should either cutt yow off from hopes of being receaved upon your
repentance, nor that we slight the auctoritie of this Assemblie, so
farr scuffed by yow yesternight, that we should suddenlie receave yow
to the Ministrie who hes bein so lang obstinat and caried your selfe in
such a proud maner.

Auldbar said—It is not four houres since he was converted.

The Assemblie referris him to the Synod of Glasgow.

The Commissioner said—I still urge that it is your best for these
churches that are vacant, whereof our Master is Patron, to represent
the case to him, and what yow doe in this, let it be by way of
Supplication; and If I shall not both convey the same, and be a good
instrument to obtaine your desire, I pray God I never thryve.

Upon occasion of this, my Lord Argyle said—When we consider the great
divisions and distractiouns of this Kirk, we rejoyce to see this dayes
worke, and your Grace sitting here to put order to all thinges in
his Majesties name; and since we have enjoyed this by his Majesties
graceous favour, I represent to your Grace and this Assembly, if it
shall not be very incumbent to us to thinke upon some humble way how to
testifie our heartie acknowledgement of this favour from his Majestie,
and to rander his Majestie humble thankes therefore: to the which the
Commissioners Grace and the whole Assemblie did applaud, and desired it
might come in with the Overtures.

My Lord Lowdoun said—If it like your Grace, I shall be bold to desire
ane thing may be added to the Overtures—and I know certainlie I have
the applause of the whole Assemblie. Amongst uthers, imputations that
have beene layd upon this Church and the government of it as it is now
established, that Ministers will rashlie and misrespectivelie have
preached of auctoritie, and, therefore, especiallie since the Kings
Majestie thought by his haveing of the Bischops he had a readie way to
censure and punische Ministers that should deboord in this kynd, least
we should seeme to derogat any thing from the due respect acknowledged
justlie to his Majesties Soveraignitie, it seemes expedient that the
Assemblie should now testifie their respect to his Majestie by making
of ane Act, that no Minister preache rashlie of anything concerning
auctoritie, and an Act for censuring all such as shall transgresse.

The Commissioner answered—I believe there is none that heares your
Lordships proposition, but they take it to come from a noble heart;
and if I should thinke otherwayes, I were not worthie to sitt here.
How farr the Constitutions of the Kirk will warrand yow to goe on in
censuring such thinges I know not. But I believe you intend not to
exclude the civile magistrat from punishing of such thinges.

The Moderatour answered—We are so farr from that, that we are content
to be the first tryers of these thinges, that we may make schort worke
for the civile magistrat.

The Commissioner said—I will not exclude Presbitries, Synods, &c., from
censuring ecclesiastick persones: but I shall not be of the opinion of
some that thinke that frae ance the goune and coull be putt on, they
have no more adoe with the civile magistrat.

The Moderatour said—Farr be it from us to thinke so: that opinion is
papisticall; but for ws, we make it a poynt of religion to be subject
to our Prince.

Boneymoons Bill for erecting of a new Kirk distinct from the Kirk of
Brechin, being read and the reasons of both being read, the Assembly
grants the said Bonymoone his desire, without prejudice of any parties
civile right, which they reserve to any judge competent.

Bruntilands Supplication delayed.

The Earle of Athols Supplication for dismembering of Glenlyon from
the Church of Forthingall, remitt to the Commission from [for] the
Parliament.

The Committie for the Billes ordained to referre or delay the rest of
the Billes of lesse importance, and not trouble the Assemblie, for
shortnes of tyme.

These that were appoynted yesterday to meit wᵗ the Commissioners Grace,
desired to attend his Grace after the dissolving of the Assemblie, with
Auldbarr, John Smith, and Mr Robert Barclay to attend with them.

The Committie for the Declaration appoynted, to give in their diligence
the morne. The Assemblie to meit to morrow at 9 a clocke.

       *       *       *       *       *

Sess. 21.—August 29, Thursday, _hora nona_.

After in calling upon the name of God, the Moderatour said—The
Assemblie doth long greatlie to heare your Graces mynd concerning the
mayne point that yet remaines, that we all, who are ane people in ane
Kingdome, may be of ane heart in ane Covenant.

The Commissioner answered—We met yesterday about that purpose; and I
hope we have made that happie progresse. We have considered of the
Covenant, which is a great worke, wherein our Master conceaves our
religion and his honour may concerne it; and if it be well thought
upon, both the matter and forme is no lesse then may be expected
from good subjects and good Christians. Having taken this to our
consideration, being satisfied both for the matter and forme of it, and
after many overtures how we might accommodat matters to the contentment
of all, to wit, that we should follow a precedent of former tymes,
that, as the Assemblie hath gone on in former tymes, sae we may now;
and I trust this shall reconcile all.

The Commissioners Grace sought libertie to depart, to the end he might
conferre with the Councell against the afternoone, of the best way how
to accommodat the matter.

It was complained by some, that by the reason of the great tumult they
could not heare the purpose.

The Moderatour, after he had exhorted them to order, quyetnes, and
gravitie, said—The matter is anent the Covenant—that there may be a
common course for the subscription of the same by all the subjects
within this Kingdome, and that by ecclesiasticall and civill
auctoritie. The way of the doing of this it’s thought fittest that
it be the same that was used in the year 1590, wherein the Generall
Assemblie sett downe the Confession of Faith with the Band, and gave
in a Supplication to the Councell that they might joyne their civill
sanction thereunto, and ordained the same to be subscryved by all the
leidges; lykeas they by their ecclesiastick auctoritie, commanded the
same to be subscryved under all ecclesiastick censure. The same course
is now to be taken. This Assemblie is to supplicat his Majesties
Commissioner and Councell, desiring them by Act of Councell to ratifie
our Covenant, and enjoyne it upon all the subjects; and thereafter
the Assembly themselves is injoyned under the ecclesiastick censures,
and to supplicat the Parliament, that both their oune Act and the Act
of Councell may be ratified there; and so there is no alteration to
be of the Covenant, but the whole Covenant, _totum compositum_, to be
subscryved; only this, the Commissioners Grace will adde a Declaration
before his subscription, that the Kings Majestie having receaved
satisfaction of his subjects that they intended nothing but the
preservation of religion and mantainance of his auctoritie, therefore
he subscryves; and the Counsell also, according to the declaration
of the Assemblie, and his Grace is now gone to consider of this. The
Moderatour desired some of the brethren to give their judgement of this
course.

Mr Hary Rollock answered—I thinke all men that heares of it rejoyces
at it, and I thinke it is as much as we could hope for: yea, we scarce
expected such good newes as to heare that our Covenant should be
confirmed by all sanction, civill and ecclesiasticall; and I thinke
nane that hes heard it but they are sending up their heart secreatlie
to praise the Lord for it.

Mr Andro Ramsay, Mr Andro Cant, and divers of the Brethren, spacke to
the same effect.

Those that were appoynted for the Manifesto Booke [Large Declaration]
were desired to goe presentlie foorth of the Assemblie, and prepaire
their diligence against the afternoone.

Anent the Report of the Committie appointed to consider of the Decreit
given out by the Commissioners of the last Assemblie, for Visitation
of the Colledge of Aberdeene, concerning Mr James Sandilands: They
fand that the intention of the Commissioners was only to discharge him
to teache anything in the profession of the Canoun law which was not
agrieable to our religion and profession, and therefore thought it
meit that he should enjoy the said office, with the emoluments for his
mantainance, but upon the foresaid condition.

The Supplications of Mr David Foules, Mr Hary Pearsone, Mr Robert
MᶜLellane, being read: Becaus it was testified by these that were
at the Synods where they were depoised, that there were many grosse
thinges proven against them which they had not confessed in their
Supplications; therefore remitts unto the Synod, conforme to the Act
made yesterday.

Mr David Lindsey gave in above the number of 40 particular Billes,
which the Committie had cognosced upon; referred, delayed, or granted
as the Assemblie had given them direction yesterday; which are not
neidfull heir to insert.

The Acts of the Assemblie ratified, against Salmond Fisching on the
Sabboth, upon a Supplication of Johne Forbes of Leslie.

The Assemblie to meet at 2 a clocke in the afternoone.

       *       *       *       *       *

Sess. 22.—_Hora quarta._


After in calling upon the name of God, the Moderatour desired the
Commissioners Grace to show to the Assemblie the cause of their so long
stay, or command some other to doe it.

The Commissioner answered:—The reason of our so long stay and treatie
all this tyme, is to draw this matter to a good conclusion; and now,
blest be God, it is neare a poynt; for, as concerning the Covenant, we
are agried both in the matter and forme, and there rests nothing but
the drawing up of it in ane Act; and this is a matter of great weight,
and I hope this Assembly shall thinke it a good conclusione to see this
the last Act of the Assembly, tho’ it take some tyme for the doing of
it.

The Moderatour having repeated the Commissioner his speach to the
Assemblie, did signifie to them, becaus this greate worke could not be
endit this night, the Commissioners Grace had condiscendit to delay the
ryding of the Parliament till Saterday, and the Assemblie to conveine
againe tomorrow, and then to conclude.

A number of particular Billes were given in to the Assemblie, not
needfull to be insert, such as the Supplications of Mr George Diserff
[Sidserff?] Mr Thomas Carmichael, Mr Wᵐ Rollock, Mr Henry Pearsone, Mr
Francis Harvie, Doctor Andro Lawmond, are [referred] to the Synods.
Some uther particular Billes, anent the uniting or disuniting of
Kirkes, or of Kirkes from Presbitries and Provincialls, referred to the
Parliament.

A Bill, presented in name of the Laird of Kilcherron, being
excommunicat by Mr James Bonar, for his contempt and railling against
the Covenant, for his disobedience, supplicating for liberation from
that sentence—referred to the Synod.

_The Overtures read over againe_.

Becaus the Members of the Assemblie desired to heare the Supplication
that was to be given in to the Commissioner and Counsell, therefore
it was thought good that the whole Assemblie should conveine at 8 a
clocke, to heare the Supplication read, and the Commissioners Grace to
come at 9, because he behooved to be in the Counsell.




Sess. 23.—August 30.


After prayer, there was some Billes given in, which were delivered to
the Committie since they gave in their reportes.

A Bill from the Presbitrie of Lanerk anent the division of Kirkes,
recommended to the Parliament.

Mr Wᵐ Livingstoun his Bill for a fellow-helper in the Ministrie at
Lanerk, recommended to the Parliament.

Mr Robert MᶜClellane, at Zietaum, his Bill recommended to the
Presbitrie of Kirkcudbright.

The Bill of Teviotdaill and Merse, against the profanation of the Lords
Sabbath, granted.

The Bill of the Presbitrie of Haddingtoun, desiring the ratification of
former Acts agᵗ the Salt Pannes upon the Sabbath day, granted.

The Assembly appoynted a Commission for drawing up of ane uniforme
Cathechisme, and the order of familie exercise, and to reporte their
diligence to the next Assemblie, to be there considered—viz., Mr Andro
Ramsay, Alexʳ Hendersone, Robert Blair, Edward Wright, John Livingston,
James Hamilton.

The Assemblie, considering that should it please God to conclude all
matters in this Assemblie and Parliament, it were necessar there should
be a solemne thanksgiving through all the land; that the whole bodie
might rejoyce together, and the Kings Majestie might heare that this
Kirk rejoyces under the sence of receaved favours; and, that they could
not now appoynt the day, did give Commission to the Presbitrie of
Edinburgh to advertise the whole Presbitries.

The Moderatour desired that the motion concerning the new Colledge
of Sᵗ Androwes be intertained, and some expediences found out for
promoving of that warke.

Mr Alexʳ Hendersone, Mr Robert Meldrum, Mr Robert Douglas, at the
Moderatours desire, by many pressing arguments, did show the necessitie
of provyding the Colledge well with Professours and competent means,
without prejudice of any uther Colledge within the kingdome, because
it was thought necessar that the Kings Majestie should receave thankes
from this Assemblie, and that in a publict way.

The Committie for the Overtures did represent to the Assemblie that
they should have a Commission to the Presbitrie of Edinburgh, and some
uther adjacent Presbitries, with power to draw up a humble Supplication
to his Majestie, acknowledging all his byegone favours bestowed upon
this Kirk; to present the grievances of the Kirk, and everie member
thereof; and to receive ane answer from his Majestie; and, likewise, in
case of any exigencie, to acquaint his Majestie with the necessitie of
holding an occasionall Assemblie. Becaus this motion was opposed by the
Commissioners Grace when he came in, and another course taken to the
satisfaction of the Assemblie, hereafter to be insert, [the motion was
abandoned.]

The names of these that were appoynted to preach on the Sabbath. [Not
given.]

A number of the Commissioners of the Assemblie, Noblemen, Ministers,
Barrons, were appoynted to attend the Parliament, and there to
represent the grievances of the Kirk, and to meit everie day at 6 in
the morning for that effect.

Mr Alexʳ Hendersone was sent to the Councell house for the
Supplication, that it might be read and considered by the Assembly
before the Commissioner [came] in, the tenor whereof followeth:—

_The Assemblies Supplication for Subscryving of the Covenant._ [Vide
p. 207 of these Records.]

The Committie appoynted for viewing of the Large Declaration having
drawen up their diligence in 12 scheits of paper, for fear of marring
the Assemblie, extracted furth, in two scheits, their maine and most
materiall observations upon the said Booke, which they did represent
unto the Assemblie, the tennour whereof followes:—

This Declaration of Doctor Balcanquel is, First, Dishonourable to God;
2ˡⁱᵉ, To the Kings Majestie; 3ˡⁱᵉ, To this Nationall Kirk; 4ˡⁱᵉ, It is
stuffed full of Lies and Calumnies, which we make evident to the world
by these reasons:—

_First,_—It is dishonourable to God:—

That albeit the Subscription of our Confession of Faith and Covenant
was ane Act evidentlie tending to the glorie of God, besides the
testimonies of our consciences thereanent, is now, praised be the Lord,
againe acknowledged be this present Assemblie; notwithstanding, to the
great dishonour of God and his true religion, as it is now professed
in this kingdome, it is most impudentlie averred in this Large
Declaration, that the subscription of our Covenant doth most evidentlie
tend to the dishonour of God.—Pag. 20.

That the same Covenant is dung which was throwne upon the face of
auctoritie—a lewd Covenant, with a seditious Band annexed thereto, so
that everie religious and wise man may run and read that sentence of
condemnation which it carrieth in its owne front—Pag. 54.

That it is a wicked Covenant, or pretended Holy League, like to that of
France.—Pag. 2.

That it is a spurious Covenant.—Pag. 125.

A rebellious Covenant.—Pag. 156.

That it is not far from blasphemie to say, that God, by the fire of his
Spirit from Heaven, hath accepted thereof.—Pag. 178.

That it is a dangerous and fearfull approach to blasphemie to say that
it was sealed from Heaven.—Pag. 179.

And that all Christians in the world who have heard of it doe
acknowledge that no such Covenant came from Heaven but from Hell, from
whence cometh all portion of schisme.—Pag. 161.

_Secondlie,_—Dishonourable to this Kirk:—

For although it hath beene the glorie of our Kirk among foraign
nations, that with the veritie of doctrine received, the puritie
of discipline according to the word of God, whereby all errour in
doctrine, superstitione in worship, and tyrannie in government, and
especiallie all Poperie, hath beine opposed and removed; and that,
of late, we have laboured to recover that puritie by removing these
offices and corruptions that have no warrant by the Word of God, and
re-establishing these office-bearers that are warranted by the same;
notwithstanding, to the great dishonour of this Kirk, [it] is affirmed
in this Declaration that there is a great deformitie in our service—no
forme of publict prayer, but preachers, readers, and ignorant
schoollemasters, praying in the church, sometymes so ignorantlie as it
was a shame to all religion to have the Majestie of God so barbarouslie
spocken to; sometymes so seditiouslie, that their prayers were plaine
lybellis goeing against soveraignitie and auctoritie, or hes bein
stuffed with all the false reportes of the kingdome.—Pag. 16.

That we have taken such a course to undermynd and blow up the Reformed
Religion, that if the conclave of Rome, the severall colledges
perpetuallie sitting at Rome for contryving and effecting the meanes
of reducing all kingdomes to the Romane obedience; nay, if with both
these, all the Jesuites and their most especiallie combyned and sworne
enemies to our profession, all assembled in ane place, and had all
their witts and devices concentred in ane conclusion and resolution,
they could hardlie have fallen upon for turning all men out of the
pathes of religion reformed, or have settled upon such courses which
can bespeake no uther event but the undoubted everthrow of it, at least
in that kingdome, unles God from heaven (which we hope) have all their
cobble webs, contextures, in derision; that our maximes are the same
with the Jesuites; that our preachours sermons have beine delivered
in the very phrase of Becanus, Scippeius, and Swarez; that the
meanes which we have used to induce credite with our proselytes, are
meirlie Jesuitical fables, false reportes, false prophets, pretended
inspirations and divinations of the weaker sex, as if now Herod and
Pylat were once againe reconceiled for the ruine of Christ and his true
religion.—P. 3 and 4.

That out conclusions are quite contrarie to the Confessions of
all Reformed Churches in particular, and of our Scottish Positive
Confession, and that all the weapons wherewith we now fight against
these Protestant Conclusions, are stolen or borrowed out of the most
rigide Jesuit Magazens; to witt, that we are to be accompted not as
friends to the Kings Majestie, but as foes; not as Protestants, but
as the most rigide of Papists, Jesuits; and so being without in this
poynt, not bring scandall upon the reformed religion, and those who are
not with the same, especiallie considering we have gone about to wound
the reformed religion through the Kings Majesties sydes—Pag. 4.

That Ruleing Elders were brought in, onlie out of a feare that rigide
ministers designed for the Assemblie, might want a sufficient number
of their fellow ministers for their elections in their severall
Presbitries.—Page 189.

That Mr David Mitchell was processed and deposed, for doctrines
uncontraverted and generallie receaved by all Protestant Churches in
the world.—Pag. 206.

That the processe against the Bishops was pursued with such malice,
injustice, falshood, and scandall, not only to the reformed religion
in particular, but to the Christian religion in generall, as it cannot
be paralelled by any precedent of injustice in precedent ages; and
which, if it were knowen among Turkes, Pagans, or Infidells, would
make them abhorre the Christian Religion, if they did thinke it would
either countenance or could cousist with such abominable impietie and
injustice.—Pag. 207.

That some used a notable trick of forgerie and Romish imposture, for
advancing the worke of reformation, by working upon the weaknes of a
young maid, and makeing choyse of her as a fitt instrument to abuse the
people.—Pag. 226, 227.

That such was our blind obstinacie, that we scorned that any one should
sitt in the Assemblie who ran not in our rebellious courses, as holding
it a dis-reputation to abate any thing of our power or will, and we
would be sure to clippe the winges of auctoritie.—Pag. 245.

That we should have everie mechanick artizan, being chosen a lay elder,
to have equall power and state with his Majestie.—Pag. 246.

That the Kings Commissioner got certain intelligence of the Covenanters
unmovable resolution, that altho’ the Assemblie should be continowed,
and all things which they desire should be granted and effected, that
the quyetnes and peace of this Kingdome should be never a whitt the
more settled or established, but that they were determined to choose
certain committies, who, under the name of Commissioners from the
Generall Assembly, should keepe up their Tables, and be chosen and
continowed from one Assemblie to another, and so hold on the same
rebellious courses which they ever held, since the first erection of
their Tables—to the overthrow of the Kings royall auctoritie, and the
auctoritie of the Lords of Counsell and Session.—Pag. 269.

That under the name of Arminian tenets, many thinges in all the
Reformed Churches were condemned in the Assemblie.—Pag. 317.

That the conclusions in the Assemblie tended to the sedition and
rebellion, and the overthrow of the lawes both of Church and Kingdoms;
and that many of them were false and foolishe positions.—Pag. 324.

That the Covenanters are the worst and most disloyall pack of the
Kingdome.—P. 380.

       *       *       *       *       *

_Thirdlie,_—Dishonourable to the Kingdome:—

For, although it hath beene the glorie of this Kingdome that it hath
continowed in duetifull subjection and obedience for many ages under
107 Kings, and we have ever acknowledged our quyenes, stabilitie,
and happines to depend upon the safetie of our graceous King, as
upon Gods Vicegerent sett over us for mantenance of Religion and
ministration of Justice—not having any intention to desire to attempt
any thing that might turne to the diminution of the Kings honour and
auctoritie;—notwithstanding, to the great dishonour of this Kingdome,
it is affirmed in this Declaration, that, although the Marqueis of
Hamiltoun, during his continowance among us, found that we gave him
civill respects as Marqueis of Hamiltoun, yet his being clothed with
the Kings auctoritie and Commission did much diminische them.—Pag. 86.

That the State of Scotland hath beene much of late discomposed and
disconected by the seditious practices of divers, impatient of all
lawes and government—Pag. 1.

That, by persisting [in] our tumultuous and rebellious courses, we
doe demonstrat to the world our wearinesse of being governed by his
Majestie and his Lawes, and our itching humour of having this Kingdome
governed by a Table of our owne devysing—a monstrous birth, as the lyke
hath not beene bredd in any kingdome, Christian, Jewish, or Pagan.—Pag.
2.

That we are like these of the bloudie League in France, who hoped that
the verie name of Holy League would cause in the world a mistake of
their meaning, and palliat their most wicked and unnaturall treasons
for rooting out that lawfull Soveraignitie and the true Religion.—Pag.
44.

That we begunne the most unnaturall Councells and horrible rebellion
that this or perhapes any other age in the world hath ever beine
acquanted with—that we begin to invest ourselves with the supreme
ensignes and markes of Majestie and Soveraignitie, by erecting publict
tables of advice and counsell for ordering the effaires of the Kingdome
without the Kings auctoritie, and by entering into a Covenant and
most wicked band and combination against all opposers, not excepting
the Kings oune persone, directlie against the Law of God, the Law of
Nations, and the Municipall Lawes of this Kingdome.—Pag. 53, 54.

That these our meetings at our tables have beene accompted by wise men,
rather stables of unrulie horses brocken louse, and pulling doune all
they can reach, and throwing dung into the face of auctoritie.—Pag. 54.

That we suggested some alteration in religion to be made by the
innovations, onlie to that end that the Kings Subjects might be keeped
from returning to their obedience.—Pag. 152.

That the divilishe obstinacie and malice of our factious spirits
found meanes to blindfold the peoples eyes, and so keepe them from
discovering and acknowledging the Kings Grace and goodnes towards
them.—Pag. 155, 156.

That it was our master peice to stoppe anything, though never so well
lyked be ourselves, if it wer commanded by the Kings auctoritie, as
fearing that if he had obedience In any one thing, the people might
recover the tast of governement.—Pag. 193.

That the heads of the Covenanters were affrayed that any shew of
obedience should be yielded to the King by his people in the least
poynt.—Pag. 204.

That not so much as the least inclination to peace could be discovered
in us.—Pag. 84.

That, above all things, they of the Covenanters table, were affrayed
that the people should receave any satisfaction from his Majestie,
or rest contented with the grace of his most reasonable proffers of
favour.—Pag. 90.

That the Leaders of the Covenanters studied nothing more then to
suppresse the Kings graceous intentions and favoures towards them—Pag.
91.

_Fourthlie,_—This Declaration is stuffed with a hudge number of Lies,
in averring Untruthes besides the alreadie mentioned—for instance, as
follows:—

That the Covenanters pretend religion, and intend nothing less then
that: their courses are tumultuous and rebellious.—Pag. 2, _et passim_.

That our Covenant, by Papists, was receaved with infinit joy, as
hopeing that the King and his successours might be brought to ditest
that religion whose profest zelots had beene the author of such ane
insufferable Covenant, which could not subsist with Monarchie—Pag. 74.

That, upon the removing of the Covenant, there was a suddaine
and frequent arryvall of Priests and Jesuits from Doway, and
other seminaries beyond the seas, in hope of their welcome to his
Majestie.—_Ibidem._

That our Covenant was receaved by the Protestants abroad with most
offensive scandall, and infinit grieffe—namelie, at Charingtoune,
Geneva, and other reformed churches in France—who were so scandalized
with this prodigious Covenant, as that they were affrayed of nothing
more then this, that It will bring ane indelable scandall upon the
Reformed Churches, and alienat the mynds of all Christian Princes from
ever entertaining a good thought of our religion.—P. 74.

That the Covenant was obtruded to all sortes of people with furie and
madnes, with threatenings, tearing of clothes, drawing of blood, &
cet.—Pag. 95.

That the seids of this sedition were sawen by the plotters of the
Covenant, _first_, at the Kings Majesties revocation.—Pag. 6.

_Secundlie,_ at the Commission of Surrenders.—Pag. 7.

_Thirdlie,_ Upon the refusall of honours at the late Parliament.—Pag.
11.

That the finall alterations of the Service Booke urged upon us, in
which it differeth from the English Service Booke, are such as might
best comply with the mynds and dispositions of the subjects of this
kingdome.—Pag. 18.

And that the same Service Booke was no different from the English in
any materiall poynt.—Pag. 19.

That the heads of the Covenant had no sooner notice of the peaceable
course intended by us, but they flew out in farr greater violence.—Pag.
79 and 113.

That the Proclamation, Julii 4, would have beene receaved by the people
with humble and thankfull acknowledgment, if they had not beene not
onelie diverted, but perverted by these men, who interpreted everie
satisfaction of the subjects to be a divideing from themselves.—Pag,
92, 93.

That, in our Privat Meetings and Publict Sermonds, we have endeavoured
to settle in the subjects mynds, opinions, feares, and jealousies quyte
contrare to our printed asseverations—Pag. 107.

That the principall Covenanters, Noblemen, Gentlemen, and Ministers,
protested to the Kings Commissioner, that their meaning was never
to abolische Episcopall governments, but to have it limited, and
censurable by the Generall Assemblie; and that they had farr rather
live under it than under the tyrannie of Presbitries, which they have
heard the Fathers complaine of, and bidd them bewarr of.—Pag. 114, 115.

That the heads of the Covenant had layd upon the King that aspersion
that he intended to bring in Poperie, or, at least, to tollerat
the same; becaus they believed it was the most powerfull meanes
of alienating the mynds of the people from him, which they onlie
intendit—Pag. 125, 126.

That the Marqueis of Hamilton presented to his Majestie not only the
improbabilitie that ever the ring leaders of that rebellion would
desist untill they had obtained their wicked ends, and that the
only hope of peace was placed in dividing the people from them, by
preferring unto the people such graceous favours as in all likeliehood
they neither could nor would reject.—Pag. 126.

That laymen did not sitt in Presbitries 40 yeares before.—Pag. 132 and
191.

That it is unquestionablie true that Episcopacie may and doth consist
with the Confession of Faith. Pag. 158 and 177.

That Archbishops and Bishops, September 1638, had and have still
a settled office in the Kirk be Parliament, nay, and be Assemblie
too.—Pag. 180.

That the Covenanters choose none to the Assemblie but such as they were
sure would receave no satisfaction, and keepe all uthers from accepting
any.—Pag. 188.

That the Covenanters laboured hard to persuade that none of these
thinges promised in the proclamation—no, not the Assemblie itselfe—were
ever intended to be performed by the King, but that he studied to deley
tyme whill he were readie for their ruine—Pag. 195.

That they resolved to increase thir disorders to such a height, and to
multiplie affronts upon the King and his auctoritie, as they imagined
should be past all sufferance, that they might compasse their desyres
of his Majesties Commissioner, either prorogation or discharging the
Assemblie.—Pag. 195 and 228.

That the witnesses in Mr David Mitchells process being all laymen,
wer men of such mean and ordinarie understanding, as that it was
improbable, if not impossible, that they should understand the
doctrines that he was charged with.—Pag. 206.

That the meeting at Edʳ was to agrie upon the conclusions to be made in
the Assemblie.—Pag. 133 and 231.

That the two Covenanting Ministers of Edinburgh declairing to uther
Covenanting Ministers that bemoned themselves, wondering that they
would give way to the utter defaceing of the Church by these laick
intrusions, that they grieved for it as much as themselves, but that
they must winke at it, else the nobilitie, gentrie, and burrowes
did threaten them with a desertion. That the Bookes of Discipline
were penned by some privat men, but were never confirmed by Act of
Parliament or Generall Assemblie.—Pag. 313.

That there is nothing in the Confession of this Kirk against the tenets
of Arminius.

That we confessed the 4 Bookes of the Assemblie not to be originalls,
but copies—Pag. 271.

       *       *       *       *       *

_Fyftlie,_—Our intentions, wordes, and actiones, are miserable wreasted
in this Declaration.

That our refuseing to except the King out of the number of persons
against whom the Band of mutuall Maintainers was intendit demonstration
that, in our intentions, he was the persone chiefly aymed at.—Pag. 106.

Whereas he could not be excepted, because our Mutuall Maintenance
against all persones quhatsomever was in defence of Religion, the Kings
persone, and auctoritie.

That our meaning in explication of the Covenant was, that we would
continow the Kings obedient subjects if he would pairt from his
soveraignitie, and that we would obey him if he would suffer us to
command.—Pag. 115.

Whereas our true meaning therein was to cleare ourselves of the
imputation of disloyaltie to our graceous Soveraigne; and whereas the
Bill against the President and Clerk-Register was given in to crave
justice upon them as offenders, yet it is affirmed that it was becaus
we knew the Marqueis neither could nor would yield unto it, and that
by his denyall we might have meanes to irritat, even to disgust the
Kings graceous favours.—Pag. 93.

       *       *       *       *       *

_The Assemblies Judgment concerning the Manifesto._

After the reading whereof, the Moderatour desired some of the brethren
to give their judgment of the said Booke.

Mr Andro Cant said—It is [so] full of grosse absurdities that I thinke
hanging of the author should prevent all other censures.

The Moderatour answered—That punishment is not in the hands of Kirkmen.

The Shireff of Teviotdaill, being asked his judgment, said—Ye were
offendit with a churchmans hard sentence alreadie; but, truelie, I
could execute that sentence with all my heart, becaus it is more
propper to me, and I am better acquainted with hanging.

My Lord Kirkcudbright said—It is a great pittie, that many honest men
in Christendome, for writing little bookes called pamphlets, should
want eares; and false knaves, for writing such volumes, should brooke
heads.

The Assemblie, after serious consideration of the great dishonour to
God, this church and kingdome, by the said Booke, did condescend upon
a supplication to the Commissioners Grace, that the same might be
represented to the Kings Majestie, that his Majestie might be pleased
to call in all the said Bookes, and thereby shew his dislyke thereof;
and next to give Commission to cite all such persones who are either
knowne or suspected to be the authors thereof, or informers anent it;
and in speciall, Doctor Balcanquell, who is knowne and professed to be
the author, at least the owner of a great parte thereof; that, by their
examplarie punishment, others may be deterred from such dangerous and
seditious courses; the tennour of which Supplication followeth:—[Vide
p. 206 of these Records.]

The Assemblie thought it expedient that some overtures might be advised
upon for keeping order in the Assemblie in tyme comeing.

The Assemblie found it expedient, for the preventing of all Innovations
which might impede this recovered reformation, that no dangerous
motion, tending to the hurt of the Church, be proponed or concluded
suddenlie in any Assemblie, Presbiteriall or Provinciall; but when any
question shall arise in any inferiour judicatorie, it may be communicat
to all others, agitat and disputed in Sessions, Presbitries and Synods,
and so might be rypened for the Generall Assemblie: lykewayes, that
nothing should come before the Generall Assemblie, but that which came
by reference or by appellation, and which could not be discussed by
another Inferiour Judicatorie: As also that no reference should be made
but orderlie—viz., from Session to Presbitrie, from thence to Synods,
and then to the Generall Assemblie.

The Commissioner being come in to the Assemblie, the Moderatour desired
his Grace to show the Assemblie the Declaration wherewith his Grace was
to subscryve the Covenant.

The Commissioner answered—For my Declaration [it] is verie short. It
is nothing els but what I have declaired many a tyme since we mett
here; for, as I told yow, when that Act, abolishing Episcopacie and
the rest of these evilles, past heir, the 17 of this instant, I was
to consent unto that Act in my Masters name, not as a thing that my
Masters judgement and opinion willed him unto, but that his tender
affection to our satisfaction moved him to assent unto it. Even so
now, I am to make a short Declaration, least if my Master should
subscryve simplie, he should condemne thinges that are allowed in
the Kirk he lives in, and which his judgement assents unto. A king
may be a king of divers kingdomes that are of divers religions: and
we hope we will not say but he may doe that that may satisfie one of
his dominions which will not satisfie another. And for my Declaration
quherewith I subscryve the Covenant as the Kings Commissioner, and in
his name, it shall not be obligatorie to any Scottis man to subscryve
with declaration; neither shall any Scottis subject whatsoever shelter
himselfe under it; but if he subscryve not with the Assemblies
Declaration, shall be lyable to the censures of the Kirk, and so
shall I myselfe be; for as Lord of Traquair I shall subscryve _totum
compositum_, with all the rest of the subjects, even as Mr Archbald
Johnstoune subscryves, which I believe is strict enough. And so the
Commissioners Grace arose and sought libertie to goe to the Counsell,
and the Assemblie to sitt still till he returned.

Thereafter the Supplication was sent in to the Commissioners Grace and
Counsell, by the Earle of Argyle, Rothes, Lowdoun, Mr Alexʳ Hendersone,
Keir, Provost of Irwing. In the interim the Moderatour exhorted the
Assemblie, and speciallie the Ministrie, to call to mynd the old Acts
of the Assembly, that were revised, anent the conversation and carriage
of Ministers, that by their painfulnes upon their people, the fruites
of the Gospell might appeare in the land, that all that lookes on
may see that we intendit nothing but reformation; and in particular
regrated heavilie the great slighting of the worke of examination, that
it was become perfunctorie when it was left to a few dayes before the
Communion, and there wished that there should be weeklie examinations,
and desired that some of the brethren should speake their judgments.

Mr Robert Blair said—I remember at the last Assemblie that King
James was at, holden at Holyrudhous, 1602 yeares, that there were
instructions given for the visiting of severall congregations, and
a number of questions that the Ministers are to be tryed in; and it
is expresslie said there, that they shall be asked whether they have
weeklie catechiseing through the year; and whill this be amended there
is small hopes that people will be brought to the knowledge of religion.

Mr John Weymes said—It is to be regraited that most parte of Ministers
scrufes the mater of catechizing, in making some stand up and repeat
verballie words of the catechise upon the Sabboth afternoone, or some
select tymes; quhereas some time should be spent everie weeke in
teaching the catechetick doctrine.

Mr _____________ said—A great helpe to this were, that familie dueties
were instantlie urged and pressed upon all masters of families, that
they might take such paines on their children and servands, that when
they presented them to us, they might tell us of what nature they were;
and so long as familie duties, catechiseing of servands and children,
and uther religious exercises, are neglected, our examination will have
but a small life.

The Moderatour added—It is very pertinently spocken; for so long as
devotion is slighted in privat houses, and masters of families makes
not conscience of these that are under their charge, the examination of
Ministers is but like threshing on the water, except it be supported by
privat diligence.

Mr Thomas Ramsay said—In my judgment, a great helpe to this were to
provyde understanding and well affected schoolmasters, who would use
diligence and paines upon the people, and that competent meanes were
allotted for their mantenance.

Mr John Row said—I thinke a great helpe of all this, were the carefull
visitation of particular Kirks by Presbitries, which is greatlie
neglected.

Mr George Lammer said—It is verie expedient that it be recorded
and made ane Act in this Assemblie, that familie dueties be urged,
especiallie catechising throughout all the Kingdome. To the which the
whole Assemblie willinglie acquiesced.

Heir the Commissioners Grace returned to the Assemblie.

The Moderatour desired his Grace to bring foorth these good newes which
the Assemblie hath bein long looking for.

The Commissioner answered—My Lords of Counsell with myselfe have
receaved your Supplicatioun, desyreing that the Covenant, with the
explanation of this Assemblie, may receave the force of ane Act of
Counsell, to be subscryved by all the Subjects of this Kingdome; and
we find your desire so fair and reasonable, that we conceave it our
bounden duetie to grant the same, and thereupon have made an Act of
Counsell to that effect. Now, there is a second Act to be expected in
this Assemblie; and I am so fullie satisfied that I come now as his
Majesties Commissioner to consent fullie unto it. I am willing that
it be enacted here in this Assemblie, to oblidge all his Majesties
Subjects to subscryve to the said Covenant with the said explanation:
and becaus there is a third thing that was desired—in respect I am to
subscryve with a declaration—that I should sett doune the same in write
and show it to the Assemblie. As a Subject, I shall subscryve to the
Declaration of the Assemblie as followes:—

“The Article of this Covenant which was at the first subscription
referred to the determination of the Generall Assemblie, being now
determined, and thereby the 5 Articles of Perth and governement of the
Church and Bishops, the civill places and power of Churchmen, upon the
reasons and grounds contained in the Acts of the Assemblie, declaired
to be _unlawfull_, I subscrive according to the determination of the
said free and lawfull Generall Assemblie.”

As his Majesties Commissioner, I shall subscrive to this Declaration:—

“Seeing this Assembly, according to the laudable forme and custome
heretofore keeped in the like cases, doth in a humble and duetifull
way supplicat to his Majesties Commissioner, and the Lords of his
Majesties most honourable Privie Councell, that the Covenant, with
the explanation of this Assemblie, might be subscryved; and, to that
effect, that all the Subjects of the Kingdome, by Act of Counsell, be
required to doe the same; and that therein, for vindicating themselves
from all suspitions of disloyaltie, or derogating from the greatnes
and auctoritie of our dread Soveraigne, have therewith added a clause,
whereby this Covenant is declaired ane in substance with that which was
subscryved by his Majesties father of blessed memorie 1580, 1581, 1583,
and often since renewed: Therefore I, as his Majesties Commissioner,
for the full satisfaction of the Subjects, and for settling a perfect
peace in Church and Kingdome, doe, according to my first declaration
and subscription, subscryve to the Act of this Assemblie of the dait
the 17 of this instant, allow and consent to, that the Covenant be
subscryved throughout all this Kingdome. And in witnes whereof I have
subscrived thir premisses—_Sic subscribitur_,

“JOHN EARLE OF TRAQUAIR. Commissioner.”

       *       *       *       *       *

_The Commissioners Grace his Declaration prefixed before his
Subscription [of] the Act of this Assemblie the 17th of this Instant.
Sess. 8._

  “I, John Earle of Traquair, his Majesties Commissioner in this
  present Assemblie, doe, in His Majesties name, declair, that,
  notwithstanding of his Majesties oune inclination, and manie other
  grave and weightie considerations, that such is His Majesties
  incomparable goodnes, that, for settleing the present distractions
  and giveing full satisfaction to the Subjects—doth allow, like as I,
  his Majesties Commissioner, doe consent to the forsaid Act, and have
  subscryved the premisses—_Sic subscribitur_,

  “JOHN EARLE OF TRAQUAIR, Commissioner.”[236]

After the reading whereof, his Grace promised that the first thing
should be done in Parliament, should be the ratification of all the
whole premisses and Acts of Assemblie: at the hearing whereof, such
unspeakable joy was wakened in the hearts of the whole Assemblie,
that some could scairce containe themselves, but did expresse their
incessant desires to acknowledge the God of Heaven with praises of King
Charles, with his oune due acknowledgement for such undeserved and
unexpected favours, with clapping of their hands, and crying “God save
the King!”

The Commissioner said—Let everie Christiane hearte judge if this nation
hes not great cause to pray for the prosperitie of the throne of King
Charles.

The Moderatour said—It is incumbent to us having now gotten this Act
of Councell and your Graces auctoritie, that we lykewise of this
Assemblie, joyne our Ecclesiasticall sanction for the subscription of
the Covenant, and renew (as it becomes us) the Ats for that effect,
that we may be all one.

Then the rolles were called, and the whole Assemblie most unanimouslie,
in one voice, with many expressions of joy among hands, did agrie
according to the forsaid Act of Councell; and the Commissioner his
Declaration, that the Covenant should be subscrived by all the subjects
within this kingdome, under all Ecclesiasticall censure; and so after
thanksgiving by the Moderatour, the Assemblie dismissed. To meit at 4 a
clocke in the afternoone.

       *       *       *       *       *

Sessio Ultima.—August _Penultima—hora quarta._

After in calling upon the name of God, the Moderatour said—Please your
Grace: the wrong fathered booke is perused, and is now to be considered
by the Assemblie; and there is a Supplication in readinesse to be
presented to your Grace, that the samen (as a matter that toutcheth his
Majesties honour verie nearlie) may be represented to his Majestie.

The Commissioner answered—I have receaved the Supplication, and shall
represent the same to his Majestie.

The Moderatour said—We cannot passe by your Grace and the Parliament,
as two steppes whereby we mind to ascend to his Majestie.

The Commissioner said—I will receave it here, and he may take course
to represent it to this Parliament. The Commissioner desired that the
short tyme might be well spent.

The Moderatour answered—We are waiting for a Covenant, to the end your
Grace may subscrive it.

The Commissioner answered—I must take a tyme to collation what I
subscryve, and I shall doe it in als publict a way before the Estates
in Parliament; for he must be tratour both to God and man that
subscryves the Act which I have done alreadie, and will not subscrive
the Covenant.

The Moderatour desired his Grace to heare the Overtures that were to be
given in to the Parliament, as followes:—_First_, That the Acts of this
Generall Assemblie be approven and ratified, and that all former Acts
of Parliament, ratification, &c., (_hic diest._) Ane overture, showing
the necessitie of having a Commission at Edinburgh, with power from
this Assemblie if neid require, and for frameing a humble Supplication
to his Majestie, to thanke him for his late favours, to hear all humble
grievances in Kirk affaires, to represent the same to his Majestie,
and receave his Majesties graceous answer, and report all to the next
Assemblie.

After much agitation betwixt the Commissioners Grace, the Earle of
Rothes, Lord Lowdoun, and the Moderatour, it was condescendit upon that
the Assemblie should grant the foresaid Commission to the Presbitrie of
Edinʳ, upon condition they meet only upon their ordinary Presbitrie day.

The humble Supplication of our countrymen who travell in the neighbour
kingdomes, prest with ane unlawfull oath, contrare to our Covenant
subscryved be them, to be exeemed from the said oath, being willing to
sweare the oath of alleadgeance, or to give any other declaration of
their loyaltie to his Majestie which is compatible with our Confession
and Covenant—recommended most humblie and earnestlie to the Parliament.

Mr Patrick Lindsey, his Supplication being read at the Commissioners
desire, grants a conference to him, and referres the proces to the
judge competent.

The Moderatour desired, that since the Assemblie had gotten the
Commissioners auctoritie for subscryving of the Covenant with ane
Act of Councell enjoying the same, that they might adde their
Ecclesiastical sanction thereunto; whereto the Rolles being called,
the whole Assemblie unanimouslie agried that ane Act should be framed
to that effect; the tennour whereof followeth. [Vide p. 208 of these
Records.]

The Moderatour asked if any man knew of any matter to be proponed
before the closure of the Assemblie. It was answered there was no more
to be done but the tyme and place of the next Generall Assemblie to be
condescended upon.

The Assemblie, with consent of the Commissioners Grace, fand it
expedient that the next Generall Assemblie should sitt at Aberdeene,
the last Tuysday of Julii, [1640.]

       *       *       *       *       *

_The Moderatour his last Speach before the closure of the Assemblie._

This is the day which the Lord hath made; let us rejoyce and be glad
in it: a glad day it is which we long looked for, and we are the most
oblidged nation to our God and our King under the coppe of Heaven; and
therefore our Lord ought highlie to be praised, and our King heartilie
acknowledgit. First, our Lord ought to be praised, becaus in trueth he
hath wrought wonders in our sight; for he hath declaired exceedinglie
his mercie and his justice to Scotland. First, he hath declaired his
justice; first, upon us Ministers; secondlie, upon yow of the State;
thirdlie, upon our adversaries the Prelats. First upon us of the
Ministrie. We studied not to be spiritual in our doctrine, and thought
matters but small at the beginning, and therefore the Lord suffered
men to make slaves of some of us, and tyrannize over the conscience
of uthers. Secondlie, upon yow of the State. Ye looked through your
fingers when Prelats were creeping up and miskend the matter, and the
Lord suffered them to ryde over your necks: And never did any, (not a
King excepted,) exalt a Minister above his station, but that Minister
exalted Popedome over his bellie that exalted him. Thirdlie, justice
upon our adversaries the Prelats. They would not be content of the
title of Ministers but of Lords, and he hath taken both from them,
and powred shame upon them withall. Thus hath the Lord manifested his
justice, but in such a way that he hath also manifested his mercie in a
wonderfull maner; first to our ministers, 2ˡⁱᵉ to the Kings Majestie,
3ˡⁱᵉ to the State.

First, he hath not given our souls over to death and delusion, nor
suffered us to goe utterlie to defection, but hes in the midst brocken
off all their plotts, who thought to have caused everie mans purse
light in their lapp, and showen furth his justice on them. Secondlie,
He hath manifested mercie to the King in keeping him from shedding
innocent blood, which is no griefe to his Majestie this day; and this
the Lord hath convayed in such a way as is wonderfull to Scotland, in
blessing weake meanes, so as he would not have humane power seene; for
there was never a steppe of our bussines but we were still put to a
noneplus what to doe. Next, and when we knew not what to doe, then did
the Lord come and poynt out the way before us, and did so leappie out
our blessings to us, that whenever we got a little hope we gott feares
upon the back upon it, to keipe us from being wantoun, and did so cogg
the running of our wheeles that he made a considerable pairt of the
Lords of Councell to stand aloofe from our bussines, which tempered all
thinges in Gods providence (whatever men intendit) that it tendit all
to our good. Thirdlie, He has manifested such great mercie and love to
our State, as, when we marke the passages of it, it is wonderfull to
sie a State troubled so long, and in a legall manner settled againe; a
great wonder to sie such commotions and so few ill fruites following
upon it; a great wonder to sie Scottsmen going through-other, and in
such a sturre for the space of two years, and a peaceable conclusion.
There is a wonder to sie Prelats bigg their nest up in Heaven, and
call themselves the triumphant Kirk, and the Lord bringing them doune
lower than the dust. There is a great wonder after many tumults and
Assemblies, such a peaceable Assemblie as this; which is more to heare
Prelats saying that King Charles should not brooke his crowne except
they stood, and that it should fall with them, and yet to see King
Charles brooke his crowne, and they to fall—a great wonder!

Now since the Lord hath done so, let his great name be exalted. Let all
of us lay our hands on our mouths, for the Lord hath done it. He was
provocked ten thousand tymes to cutt the warke in the midst, and yet
hes beine pleased to draw it to this great lenth; therefore love the
Son of God who hes taine power and glorie to himselfe, sittin downe on
his throne, and purged his house; so that now there is no ordinances
in this Kirk that we ken of but Christs. All we ministers are only
servands, bound to give our accompt of all that we doe, and to show
our letters from our Master, or else speire ye at us—Wherefore bidd ye
us do that? Where is your Commission? For we have no power but as a
messenger of armes, who must ay show his warrand. Would to God we knew
our Masters bewtie, and the glorie of the Sone of God! Then would we
all be affected with greater measure of love to him then we have beine,
and will goe about his flocke, and bestirre ourselves more carefullie
for their behoove then we have done. And any of us that gives ourselves
out for Christs servands who gets meat and fie from him, declair it to
the world by feeding of his flocke.

Now for the Kings Majestie: let us leave flatterie, and speake solide
and soft words, such as beseemes a grave Assemblie: And, for this end,
I will propone three things concerning the Kings Majestie, which doth
enforce a favourable construction of his Majestie by us. Ane is his
Majesties education. Had any of yow beine brought up as his Majestie,
and never seene any uther thing, I trow ye should have stucken as hard
by that cause as he. A second is the information of these that his
Majestie trusted much into; for there is not a Prince in the world
more accessible, nor giveth more in trust to these that he receaves
in kyndnes and favour, which is a propertie of a verie good Prince.
Now, when Bishops were Counsellors, of whom should his Majestie take
counsell but of Churchmen and Counsellours both? Secondlie, consider
this: Kings cannot understand all things in a Kingdome. They must trust
some, and whom (thought he) should he trust but these that was most
oblidged to him, had their being of him, and were created for that end?
And yet, of all men in the world, they did him worst service.

The third is this—the manner of the Kings proceedings toward this land.
His proceedings hes never beene as an enemie, but to try us and put us
to proofe what we were seeking. When we did supplicat, he gart blow the
trumpet, and discharge us all off the toune, to try if we would ceasse
there; gart discharge us from all the judgment seats; and when we
proceedit on, he thought he would essay us with our lyves; and so his
Majestie came not in armes to destroy but to try us. Why? As soone as
he had tryed us, and found that we were seeking nothing but religion,
and were loyall in our hearts to him, presentlie his Majestie folded
and layd doune armes. This I speake, that ye may wiselie prye in the
matters of princes, and neither thinke, speake, nor write utherwayes
then becomes yow, and not only temper your tongues in speaking of him,
but love your Prince yourselfe, and procure all that yow can, love
and obedience towards him of others. And trewlie, whoever knew him
described, they would thinke him verie love-worthie. First, he is the
most gentle-natured Prince; secondlie, the least suspitious; thirdlie,
a Prince more readie to forgive faults when they are acknowledged;
fourthlie, the most loath to take misinformation when it is given,
then any Prince in the world; fifthlie, and which is ane odd thing, he
hath not a face against reason. Bring reason to him and he will yield;
and if these be not poynts of a lovelie Prince, judge ye. Sixthlie,
and which is most of all, that he hes quate his aune inclination and
education, and said to his Commissioner and this Assemblie, “Goe yee
and doe as yee find Gods Word and the Constitutions of this Kirk
warrands yow; goe your way; serve God according to his Word; and
whatever yow conclude according to that rule, I shall authorize it.”
Seventhlie, there is no Prince in the world so cleare of infirmities
as he. These things being well considered, and withall, his Majestie
being farr from us, and considering in what danger princes are
in—subject to als many tentations as tries that are on a hill head,
obnoxious to divers blasts and winde—and have need to be supported by
the prayers of their people.

These thinges, I say, being well considered, will make all men
construct favourable of his Majestie; and if we will rander that duetie
of humble thankes and heartie prayers, who knowes but he shall be the
most comfortable instrument for advancement of religion in the whole
world; and this little distance that hes beine, may end in the sweetest
reconciliation that ever was seene betweene a King and a People? And
becaus we would give a right construction to all under his Majestie who
have procured our good, I will ranke all these that ran not in the same
course with us, to seeke the peace of the Kirk, in three rankes: First,
some followed the Prelats, and being affected with Poperie, they knew
no better hyding place then under the Prelats mantle. A second sort,
that followed the erring judgement of the misinformed conscience; and
these ought to be pittied of all that knowes them. A third sort are
those who walked in a State way; and it is not the day nor yesterday
that they have merite of us a favourable construction. It was evident
they loved both the King and the State; for they divided themselves to
have gained peace. When themselves were with the King, their soules
were with us; and my Lords of Councell who have stayed with us at this
tyme and countenanced our proceedings, ought also to have their aune
thankes. And for your Grace, we thinke a large scoare is due to yow;
for if God had not put your Grace upon this Act, there had beene many
hard thoughts of yow, for we thought yow still over farr inclyning
to the other syde of it. But its Gods mercie to yow, and count it no
small favour, that yow are made the instrument to croune this worke in
a maner. Lay it up in your heart and in your charter-kist as a most
speciall obligation, to make yow imploy your excellent witt and all
that yow have, for Christ, who lettis none that does fear him want
their reward.

And we will not forget the Marqueis of Hamilton, who, according to
report, hes loved our peace. Howsoever, he was ance in a passage, that
if he had come any further, he might have hazarded soul and bodie both:
Yet we will give him a favourable construction.

Now, there rests a word to every ane of yow, Commissioners and Members
of the Court of our Lord Jesus Christ: for I compt this ane of the
chiefest courts that Christ holds on earth. Elders, sett your hearts to
assist the worke of the ministrie; for ye are officers to oversee the
maners of everie ane within the Kirk, that they miscarie not, and to
take notice what fruites of the Gospell are brought foorth. Ministers,
be faithfull to your Master; and, above all thinges, love ane another,
Stryve not ane with another; neither insult over those that have beine
of a discrepant judgment from us, anent the matter of ceremonies and
the governement of the Church; but let us make a perpetuall act of
oblivion in all our memories of such thinges. Let us be glad together.
Let us lay aside all disputes that have taken up much tyme which might
have beine better spent; but we were necessitat unto it for clearing
of ourselves and of our cause. And if thus ministers will doe, I will
speake prophesie to yow: It shall come to passe that if yow will keepe
yourselves at your booke and your chamber and studie, to be powerfull
and spirituall in doctrine, ye shall have more credite nor if ye ran
to Court ten thousand tymes. Your paroches shall travell to Edinʳ to
plead for your stipend, whereas before they let you goe yourselves.
Therefore wait upon your calling, and your Lord and Master shall have a
care of yow. Let us be instant with our Lord to get his Spirit powred
out upon us; for the word without the Spirit is but like a tinckling
cymball. To him who will doe this, and who hes wrought, and will worke
all our workes for us, be praise!

And so, after prayer by the Moderatour, and singing the 23 Psalme, and
saying the blessing, the Assemblie depairted, joyfullie and glad for
all the wonders that God had done for this Church and Land.

FINIS.




  THE
  GENERAL ASSEMBLY,
  AT ABERDEEN, 1640.


After perusing the Reports which we have given of the proceedings in
the Assemblies of 1638 and 1639, and the several relative documents
therewith connected, our readers, we are convinced, will agree with
us, that the mere Acts, as they are technically termed, of these and
similar Assemblies, convey but a faint and feeble impression of the
real character of those Conventions. They are but the dry bones, as it
were, of our Ecclesiastical Constitutions. It is in the circumstances
attendant on their enactment; the causes in which they originated;
the muniments of the period, (sometimes public and frequently long
concealed); the reasonings of the antagonist parties, and incidental
outbreaks of individual feeling; and, more especially, in the dramatic
movements of debate in popular assemblages—that we catch the true
spirit by which the more formal enactments are re-awakened in the
present age, and presented to the eye and the mind of a modern student
with all the vividness and force of scenes passing daily around us.

We have now reached the Acts of the Assembly 1640; but, ere we proceed
to that very limited portion of our undertaking, we must be permitted
to take a review of the more prominent features of the Assembly
in 1639, and of the events which intervened betwixt that and the
subsequent meeting in 1640.

It will be recollected that, by the Treaty of 18th June 1639, it was
stipulated that all matters _ecclesiastical_ were agreed to be settled
in a General Assembly, and matters _civil_ in the Parliament and
inferior judicatories established by law. Unhappily for the King and
the Covenanters, this vague and general basis was soon found to be too
narrow to bear the superstructure which each party intended to rear on
it; and ere the parties had retired to their several homes, the seeds
of future collision were sown. No dear and precise line of distinction
was drawn in the treaty, betwixt what was to be deemed ecclesiastical
and what civil; and in his warrant for the proclamation by which the
Assembly and Parliament of 1639 were indicted, the King, on the 29th
of June, directed that all “Archbishops, Bishops, and Commissioners
of Kirks,” among others, entitled to place and voice therein, should
attend, as Members of the Assembly, on the 12th of August following.

This, in the estimation of the Covenanters, was tantamount to a
departure from the spirit of the treaty, in which nothing was said
in plain terms as to the constituent Members of that Assembly. The
Covenanters could not, as the King well knew, recognise Archbishops
and Bishops as legitimate Members of a General Assembly of the Kirk of
Scotland—the intrusion of them into the Church being all along stated
as their chief and leading grievance, for the removal of which, and the
oppressions thence resulting, they had taken up arms. Of this the King
and his Counsellors were fully aware—and therefore his proclamation
was truly the signal for a renewal of the agitations which had
ostensibly been quelled. It was literally keeping his word of promise
to the ear, but breaking it to the hopes of his Scottish subjects;
and, accordingly, no sooner was the proclamation issued, than it was
followed by the usual flood of protestations and manifestoes on all
hands. No doubt Episcopacy was still the unrepealed law of Scotland,
and the parties, by mutual consent, had agreed to wave all discussion
as to the Assembly of 1638; yet, if the King honestly intended to leave
Church matters proper, to the decision of a new General Assembly, to
be afterwards considered and ratified in Parliament, he was bound to
have informed the Covenanters explicitly, that the Assembly of 1639
was not to consist (as they necessarily understood) of Members chosen
on the old Presbyterian platform, but of Prelates and Statesmen sent
thither by virtue solely of the Royal prerogative, and who were not, in
any intelligible sense, the representatives of the Scottish Church. In
short, (as is proved by his correspondence with the fugitive Prelates,
and other evidence,) his entering into the treaty of 18th June was a
mere juggle, and his promise of a Free General Assembly a palpable
fraud—his settled purpose being unquestionably to restore Prelacy
whenever he could, and to render the deliberations of the promised
Assembly altogether nugatory, with reference to the objects for which
it was sought and agreed to.

Although the latent proofs of Charles’s duplicity were not known to the
Covenanters, they found in the proclamation and other circumstances,
sufficient reason for distrust; and their past experience, both of the
King and his advisers, was sufficient to rouse their suspicions. Their
vigilance and preparations continued unrelaxed; and so formidable was
the tone of public feeling in Scotland, during the brief space which
elapsed betwixt the date of the treaty and the meeting of the Assembly,
that the King found it necessary to adopt a temporizing and most
insidious policy. Traquair, a man of talent and consummate address,
armed with the King’s secret instructions, came down to Scotland as
Commissioner, and the Assembly met on the 12th of August.

It will be seen, from the foregoing report, that the Commissioner,
although he hinted at some objections to Members of Assembly, stated
none when called on; and thus and otherwise, he fully recognised, in
the King’s name, the perfect lawfulness of the Assembly, and soon
pledged himself to sanction, for his Sovereign, the Acts which it
might pass, on all the vital points for which the Covenanters had so
strenuously struggled—assented to the abolition of Episcopacy and all
its obnoxious accompaniments in Scotland—and undertook to get these
Acts ratified in Parliament. The suspicions of the Assembly were lulled
by the speciousness of Traquair, (whom, however, we are not prepared to
condemn so vehemently as has sometimes been done both by his coadjutors
and antagonists;) and we have rarely perused the account of any scene,
whether of real life or of skilful romance, with keener feelings than
those excited by the detailed report of proceedings in the General
Assembly on 17th August 1639. When the seemingly gracious intentions
of the King were intimated by Traquair, there was a simultaneous burst
of gratitude and confidence, and, in the highest sense of the words,
of chivalrous loyalty. The stern men of the Covenant were melted into
tears of high-minded and generous gladness. The venerable Patriarchs of
the old Presbyterian Church, who had served at its unpolluted altars
for half a century, and who had mourned its degradation in silent
sorrow, or suffered captivity and oppressions from its temporary Lords,
poured out their hearts in thanksgivings to God and the King, for these
unlooked-for manifestations of royal grace and favour.

“Mr John Weymes, called on, could scarse get a word spocken for teares
trickling doune along his gray haires, like droppes of rain or dew
upon the toppe of the tender grasse; and yet withal, smyling for joy,
said—I doe remember when the Kirk of Scotland had a beautifull face.
I remember since there was a great power and life accompanying the
ordinances of God, and a wonderfull worke of operation upon the hearts
of people. This my eyes did see—a fearfull defection [followed] after,
procured by our sinnes; and no more did I wishe, before my eyes were
closed, but to have seene such a beautifull day, and that under the
conduct and favour of our Kings Majestie. Blessed for ever more be our
Lord and King, Jesus; and the blessing of God be upon his Majestie, and
the Lord make us thankfull!”[237]

Such were the pathetic and touching strains in which the worthies of
the olden Church received the announcement by Traquair, of the hollow
and hypocritical message of which he was the herald. We do but justice
to the memory of Traquair, when we give him credit for being moved
by such testimonies of affectionate loyalty, and convinced that the
system of dissimulation of which he was but the “echo,” was utterly
impolitic and impracticable; and he acted his part with a talent and
temper which we cannot but admire. He was indeed placed in “a false
position,” in which no man could have done at once what patriotism and
honour prompted, and yet obeyed the master whom he served, or gratified
the minions of his court. Had Charles but followed out the course which
the sagacity of Traquair, and the circumstances in which he was placed,
chalked out in the Assembly of 1639, we verily believe that the King
might long have reigned in the hearts of a loyal people, and Traquair
have been remembered as one of her patriots and best benefactors. But
the infatuation which overruled these arrangements, led to other and
very different consequences.

In viewing these transactions, however, justice must be done to the
King as well as to the Covenanters; and there is no doubt that the
latter, in some particulars, deviated from the spirit and avowed
purposes of the treaty. That treaty was based on a spontaneous
declaration by the Covenanters, that they would yield “all civil and
temporal obedience” to the King, and that all they claimed was security
for their “religion and liberties, according to the ecclesiastical and
civil laws” of Scotland;[238] and the ambiguous terms of the treaty,
when finally completed, just left the vexed question as open as it was
before—What were the Ecclesiastical and what the Civil Laws of Scotland
at the time? Charles held that Episcopacy was the form of Church
Government settled both by the ecclesiastical and civil laws in force
at the time; while the Covenanters looked back to the constitutions
and enactments prior to the changes introduced by King James VI., and
understood that these were to be assumed as the securities which they
demanded; and hence, the treaty in fact amounted merely to a truce,
which was soon destined to be broken.

The course adopted in these circumstances by Traquair and the leaders
of the Covenant at the Assembly, had it been judiciously followed
out, might have obviated all difficulties—viz., that the Assembly
should, by a declaratory Act, indicate what the Church held to be its
genuine ecclesiastical constitutions, to be afterwards submitted to
and ratified by Parliament. And had nothing been done beyond their
declaration as to the causes of the recent troubles, matters might have
been satisfactorily adjusted. But this was not the case. Although it
was clearly agreed on, that no reference should be made to the Acts
of the Assembly 1638, and that nothing was to be founded on these,
the Covenanters broke through this arrangement in one most essential
particular—namely, with regard to the depositions and excommunications
of Ministers which had taken place under its authority. Notwithstanding
repeated warnings and remonstrances by Traquair, the Assembly entered
upon a review of all the proceedings of the Commissions that had acted
by authority of the preceding Assembly, which was virtually assuming
and sanctioning the Acts of 1638; although, as stated by themselves,
the King had declared he never would recognise or sanction the
proceedings of that Assembly. By taking cognizance of these cases of
deposition, &c., they in effect anticipated the decision of Parliament,
with respect to their findings as to the constitutions of the Church,
and thus inverted the proper order of procedure. They thus furnished,
not merely a plausible, but a valid ground for the King to object to
their whole proceedings; and although we acquit the single-hearted and
zealous Presbyterian Clergy who concurred in this anomalous course, we
cannot so readily forgive the Nobles and other laymen who were parties
to the negociations, and who have left on record their own statements,
that the Acts of the Assembly of 1638, were to be held as in a state of
abeyance in that of the following year.

In this particular, therefore, it appears the Covenanters were clearly
to blame, independently altogether of the unsound nature of the
proceedings of the Commissions, and the venial accusations against many
of the deposed Ministers, many of whom were constrained, by operating
on their fears and other grovelling feelings, to acquiesce in decisions
which they could not resist, and to profess submission, when in their
hearts and consciences they could not be supposed, honestly, to yield
it. It is impossible to read the details about some scores of these
poor men, without pain and reprobation; and the vindictive spirit in
which they were treated ought to be a warning, in all future times,
against a rash submission to high pretensions in popular ecclesiastical
courts. Many were deposed on very questionable grounds, and others were
left for the administration of what was called “mercy,” on condition of
renouncing all their previous convictions and professions, and their
sense of allegiance to the monarch and statute law of the land. That
some were unworthy may be admitted; but trial in their absence, upon
nice points of metaphysical theology, and by means of evidence of very
questionable credibility, is, to say the least of it, a characteristic
of the Assembly of 1639, which reflects but little credit on its
charity or its justice.

We must be permitted further to remark, that the soreness and ferocity
which were indicated by that Assembly in reference to the “Large
Declaration,” or Manifesto, afford but slender proofs of magnanimity
or conscious rectitude. That work was known to be the production of
Balcanquel; and, after a minute examination of it, an elaborate report
on its mis-statements was read, when the following colloquy took
place.[239]

“The Moderatour desired some of the brethren to give their judgment of
the said Booke.

“Mr Andro Cant said—It is [so] full of grosse absurdities, that I
thinke hanging of the author should prevent all other censures.

“The Moderatour answered—That punishment is not in the hands of Kirkmen.

“The Shireff of Teviotdaill [Douglas of Cavers], being asked his
judgment, said—Ye were offendit with a churchmans hard sentence
alreadie; but, truelie, I could execute that sentence with all my
heart, becaus it is more propper to me, and I am better acquainted with
hanging.

“My Lord Kirkcudbright said—It is a great pittie that many honest men
in Christendome, for writing little bookes called pamphlets, should
want eares; and false knaves, for writing such volumes, should brooke
heads.”

These “random ebullitions” require no commentary; but in such
manifestations of character we discover that spirit of fanatical
intolerance, which at no distant period, involved the two British
kingdoms in all the horrors of civil war—consigned their Sovereign to
the block—rent the Church of Scotland into two ferocious factions,
and finally subjected it to contumely and extinction at the hands of a
canting usurper.

There is another point in these proceedings which must ever excite
regret and reprehension—we mean that act by which they sought and
obtained the Commissioner’s sanction, and that of the Privy Council,
to a compulsory subscription to the Covenant. “This ordinance,” says
Dr Cook, in his History of the Church of Scotland,[240] “so popular
throughout the kingdom, was, in fact, an engine of severe persecution.
It required, by authority, from all ranks of men, and particularly
from those whose opinions were suspected, subscription to a number of
propositions, about which multitudes must have been totally ignorant,
and to maxims respecting ecclesiastical polity, which it is impossible
to suppose were not condemned by numbers, who, having for many years
lived in communion with an Episcopal Church, could not be persuaded
that such a Church was unlawful. So long as signing the Covenant was
a voluntary expression of attachment to a particular cause, much
might have been said in its justification. But now, when it was
required by an Act of Council and the Church, which it was dangerous
to disobey—now that it could be forced by the zealots of a sect upon
all whom they chose to harass—it must be abhorred as occasioning, to
the conscientious part of the community, much wretchedness, and as
calculated to diffuse that relaxation of principle which is the bitter
fruit of every deviation from the tolerant spirit of pure religion.”

Concurring as we do most cordially in these just and enlightened views,
we need only add, that no man will defend this blot in the escutcheon
of the Covenanters, who would not, if he had the power, imitate their
example.

Before finally taking leave of the Assembly of 1639, we cannot
overlook the fact, that, in all the proceedings, either in it or
in that of the preceding year, or in the voluminous details of
grievances of which they complained, we can find no trace whatever
of _lay patronage_ being regarded or even mentioned as one of the
number. It is equally remarkable, too, that both Henderson and Dickson
repeatedly state the doctrine of the lawfulness of civil interference
in matters ecclesiastical; and that the notions which, at a subsequent
period, sprung up and distracted and divided the Church, as to the
anti-scriptural nature of lay patronage, and about the independence
and inherent power of an _established_ Church, (established too on
certain precise and definite terms), do not appear at that time to have
been either agitated or even mooted. We merely note the circumstance
as an historical fact, without at all entering on a controversy in
the matter. But certainly the eager desire, manifested incessantly,
for a ratification of the ecclesiastical constitutions by the civil
authority, emphatically implied, that, without such sanction, these
applicants did not regard their own Acts as sufficient to clothe them
with complete authority.

The day after the Assembly dissolved, being the 30th of August 1639,
the Parliament—which had been prorogued, from time to time, to the
31st of that month—convened, and was opened with all the state of the
ancient “Ryding of Parliament.” A preliminary difficulty, however,
occurred to its constitution, in consequence of the absence of the
Prelates, who, by the subsisting laws and usages of Parliament,
formed a component part of it. Prelacy had been abolished by an Act
of Assembly, but that was not yet ratified by Parliament; and, in
order to supply the place of the Bishops as one of the Estates, it was
agreed that, for the present, the Commissioner should, in their stead,
select eight of the Nobles to be among the Lords of the Articles;
being a committee to digest all business for the consideration, and
adoption, or rejection of the whole house. The Earl of Argyle entered
a protestation that the present mode of choosing the Lords of the
Articles should be no precedent for the future; and intimated in it an
innovation on the future constitution of Parliament, by introducing a
different mode of naming the Lords of the Articles from that which had
heretofore obtained—namely, by excluding the nomination of the Crown
or its Commissioner, and giving to the Lords, Barons, and Burgesses
the nomination from their several bodies. This initial difficulty
being overcome, the Commissioner, on the 6th of September, signed
the Covenant—not as Commissioner, but as Treasurer; and on the same
day a Bill for the ratification of the Act of Assembly 17th August,
anent the bygone evils of the Church, and the Supplication against Dr
Balcanquel, were passed in the Articles; while a Petition, presented by
the Commissioner, in favour of the ousted Ministers, was refused; and a
Bill for rescinding the Acts in favour of Episcopacy was handed to the
Lord Advocate, to be revised: and all this passed amidst a profusion of
protestations, which it is unnecessary to notice.

On the 11th of September, there was a warm debate on the proposal to
bring down the vengeance of Parliament on Balcanquel and his “Large
Declaration,” in which Traquair resisted it as offensive to the King,
while Argyle and Rothes supported the vindictive Petition from the
Assembly; but the Acts as to the constitution of Parliament, &c., made
some advance; and Baillie, in a letter dated October 12, gives a very
striking picture of the condition to which the contending parties had
reduced themselves. “The affairs of our Parliament,” (says he, vol. i,
p. 188,) “goes but this and that way, if we look to men; our estate is
but yet wavering up and down in the scales of a very dubious event. Our
main Acts are but scarce past the Articles. The Commissioner either
threatens to rise, or to protest in the day of the riding, or to make
declarations equivalent to protestations, or to deny the sceptre to
our most substantial desires. To preveen this, we have been content
to sit still, half-idle, thrice so long time as ever any Parliament
in our land did continue, waiting till posts upon posts, running up
and down, for carrying to us the Kings pleasure. It seems our enemies
credit is not yet extinguished at Court. The Castle of Edinburgh is
daily made stronger. From London, the other week, arrived at Dumbarton
a great ship, with cannon and other munition, with an English captain,
and divers English soldiers. Division is much laboured for in all
our estate. They speak of too great prevailing with our Nobles. Hume
evidently fallen off; Montrose not unlike to be ensnared with the fair
promises of advancement; Marischal, Sutherland, and others, somewhat
doubted; Sheriff of Teviotdale, and some of the Barons, inclining the
Court-way. Divisions betwixt the merchants and Crafts of Edinburgh; and
so, by consequence, of all the Burghs in Scotland, carefully fostered
by our Commissioner; our prime Clergy like to fall foul upon the
question of our new private meetings.”

In this state of distraction and doubt, matters continued—the views
and sentiments of the King having been sufficiently indicated in
his letters to Traquair, whose policy was, of course, guided by his
Master’s orders. On the 24th of September, an Act for rescinding
all the Acts in favour of Episcopacy was voted and passed in the
Articles, under a protestation by the Commissioner against that or
any others prejudicial to his Majesty’s authority; and the Act as to
the constitution of the Parliament was also passed. While matters
were thus agitated and protracted; the Parliament was continued on
the 24th October till the 14th of November, when the Lord Advocate
presented a royal warrant for proroguing it till the 2d of June 1640,
the Covenanters entering their protestation.[241] Thus the King baffled
all the hopes of the Covenanting party, of obtaining a ratification
of their favourite ecclesiastical degrees—a result attributable, no
doubt, in a great measure, to the extreme violence of some of their
propositions, of which the King availed himself by stating, as the
ground of adjournment, that various things had been propounded which
trenched on his civil authority and government.[242]

This step could not fail to startle and exasperate the Covenanters,
more especially as their deputies, (the Earl of Dunfermline and Lord
Loudon,) who had been sent off to Court after the prorogation on
14th November, had been dismissed contemptuously, without ever being
admitted to an audience of the King. When the King sent orders for the
prorogation, which took place of that date, he also ordered Traquair up
to London, to give an account personally of all the recent proceedings
in Scotland. He was coldly received, in consequence of the concessions
he had made, and his signing the Covenant. He was accused by the
Covenanters of inciting the King to a new war, and is alleged to have
made his peace by doing so; but, although this is stated by Burnet and
others, we have never seen any evidence to substantiate the charge; and
it is more probable that his best (as in truth it was his only) apology
for the part he had acted, was, that he had no alternative but to yield
to the dominant party, both in the Assembly and Scottish Parliament, or
at once commit the King in open hostility with his northern subjects.
Indeed, it seems utterly impossible that he, or any man, could have
obeyed his instructions without at the same time outraging the whole
policy and passions of the Covenanters, and precipitating another open
revolt, before the King could have made any preparations to encounter
its force. He had, however, obtained possession of a letter from the
leaders of the Covenant, addressed to the King of France, soliciting
protection and assistance—a document which, it appeared afterwards, had
never been sent or perfected; and this document, as in duty bound, he
produced to his Sovereign, as a proof of the treasonable purposes of
the Covenanters. It is quite possible that, with such apparently good
evidence in his possession, he might have represented to the King that
nothing but force would curb the ambitious views of the Covenanting
Nobles and Barons; but, in so doing, had it even been so, we cannot
discover any rational ground for the inveterate hostility subsequently
shewn to Traquair and Hamilton as _incendiaries_; for, whether the
letter was or was not sent, it evinced the treasonable purpose which
was cherished, of soliciting the assistance of a foreign potentate, for
the accomplishment of their purposes; and both Traquair and Hamilton
were bound, as loyal subjects, to make the fact known to the King, and
to give him such advice as their opportunities of observation enabled
them to afford.

Be this as it may, however, the Covenanters transmitted another
petition to the King, by a person named Cuningham, requesting
permission to send some of their number to Court to vindicate their
proceedings. This the King granted, and Loudon and Dunfermline were
again dispatched, on the 31st of January, for this purpose. On the
2d of March, (1640,) these Deputies got notice that the King would
receive them next day in the Council Chamber; and, on that occasion,
Loudon made an elaborate exposition of all the Scottish grievances,
which, with the King’s counter Declaration, are too long for insertion
in this work; but the curious reader will find them both embodied in
Rushworth’s Collections.[243] Several other audiences were given, at
the last of which (18th March) the King and Council declared that the
Deputies had no sufficient authority to demand a ratification of the
Acts of the preceding Assembly. On the 11th of April a warrant was
given to Adams, one of the Sheriffs of London, to take Loudon into
custody; and he was subsequently committed to the Tower, on a charge
of high treason, for his participation in the letter above alluded to;
and he was not liberated thence till the 27th of June following, upon
certain conditions which were not very creditable to either of the
parties.[244]

Of this transaction, there can, we think, be but one opinion among all
honourable men. Whatever might be Loudon’s demerits as regarded the
letter to the King of France, he went to England under the guarantee
of a Royal protection; and he was not amenable to any tribunal in
England, as a Scottish subject, for an imputed offence committed in
Scotland. He pleaded this, and the acts of pacification and indemnity
which had followed. It appeared, too, that the act of treason had
never been consummated by transmission of the letter; and he offered
himself for trial in Scotland. The King was saved the infamy of
carrying his original purpose into execution by a trial in England,
in consequence of the interposition of Hamilton, who represented the
serious consequences which would ensue. But we must now turn to the
movements in Scotland subsequently to the prorogation of its Parliament
in November preceding.

The finances of the King having been exhausted by the useless parade
on the Borders during the preceding summer, and a renewal of the war
having been resolved on by his Majesty and “The Junto,” as it was
termed, in whose advice he confided, (Canterbury, Strafford, Hamilton,
and Morton,) Charles was constrained to have recourse to a Parliament
in England. This was reluctantly adopted, as the only means by which
the sinews of war could be provided—and was the first that had been
called by the King during the space of twelve years, in the course
of which he had managed to carry on a perilous system of government,
by levying taxes in virtue of the prerogative, and other devices,
which ultimately led to his ruin. A Parliament having been summoned
in England, and the warlike purposes of the King having speedily been
manifested, these things could not long escape the vigilance of the
Scottish leaders; and a meeting of the Nobles, Gentry, and Ministers
was summoned at Edinburgh on the 10th of March; when, with their wonted
energy, they resolved to levy an army, to fortify all the strengths of
which they could obtain possession, and to raise the requisite funds
for the purpose, both by voluntary contributions and taxes; and such
was the enthusiasm of the people, that plate, jewels, and whatever
wealth a poor country could supply, were cheerfully poured into the
coffers of the insurgents. The banner of “The Covenant” was once more
unfurled, and the pulpits of the clergy again resounded with ardent
exhortations to rally round it.

Meanwhile, the proceedings in England tended materially to promote the
views of the Scottish leaders. Before the Parliament was assembled,
the discontents of the English—which were mightily strengthened by
the success of the Scottish insurrection of the previous summer—had
attained a pitch of consistency and force, which was extremely
favourable to their northern neighbours, who were further encouraged by
a forged promise of support, apparently by some of the most influential
English nobility. And the issue of the first Session of the English
Parliament contributed powerfully to promote the cause of insurrection
in Scotland—the discontents and movements in both kingdoms naturally
acting and reacting on each other as incentives to resistance to the
“kingly way” of government, which Charles endeavoured, so unfortunately
for himself and his country, to carry on. The King had urgently pleaded
for supplies from his English subjects to carry on the war against the
Scotch, whom he represented as bent on the utter subversion of the
monarchy. But the English House of Commons would not grant any supplies
without a previous redress of their own grievances; and, finding them
inflexible on this point, he had again recourse to his former practice
of dissolving the Parliament, on the 13th of April.

The embarrassments of Charles, in consequence of this sturdy refusal
of his English subjects to support him, were infinite; and, resorting
to all his accustomed modes of raising men and money for the impending
war, these were only aggravated by the means which he adopted to supply
the want of subsidies. His army had been completely dislocated and
disbanded; and many who had joined his standard the previous year,
were now marshalled in the ranks of opposition; while the general
dissatisfaction of the country, rendered all his exertions, and the
voluntary contributions of those who still adhered to and supported
him, altogether inadequate to the exigency of his affairs.

The Scottish leaders, when they dissolved their army in June 1639,
had taken the precaution to secure the future services of the veteran
officers whom they had employed on that occasion, should those services
be required; and the troops, though dispersed in their several
localities, were warned to be in readiness for another muster, perhaps
at no remote period. When the tocsin was again sounded, therefore, the
Scottish army was speedily re-organized under their old commander,
Leslie; and it was already re-established in a condition fit for
action, while the King was struggling hopelessly with his financial
difficulties and the discontents of his English subjects.

The 2d of June, to which the Scottish Parliament had been prorogued,
at length arrived; and although another commission for a further
prorogation to July was sent down, some technical difficulty in
communicating it to the States, furnished a reason for this not being
done; and they readily availed themselves of what was really a quibble,
to disregard the commission for adjournment, and declared themselves a
lawful Parliament, in which they proceeded to enact into laws, all the
Bills which had been introduced previous to the former prorogation.
Ruthven, who commanded in Edinburgh Castle, and refused to surrender
it, was forfeited, and a great Committee of Estates named, with
sovereign authority to direct all matters civil and military. That
Committee, as usual, opened diplomatic communications with the King
through Lord Lanerick, the new Secretary for Scotland, to which it is
needless to refer particularly, as these communications are given among
the annexed documents; and, in short, the people of Scotland once more
stood in an attitude of open hostility to their King.

While matters were in this position, and amidst general preparations
for war, the 28th of July arrived, being the time appointed for the
meeting of the General Assembly at Aberdeen. No Commissioner was
appointed by the King; but, after waiting one day for a Commissioner,
(should one have been named,) they proceeded, according to their own
views of “the liberties of the Kirk,” to business; but did nothing that
is worthy of remark at present. And here we pause in our introductory
narrative, to be prosecuted with more spirit-stirring matter, when we
reach the date at which it may be suitably resumed, postponing some of
the earlier military operations, till we give them all in connection.

We shall, therefore, only further note that, previously to this
meeting of Assembly, the seeds of disunion were sown in the Church
by a miserable controversy among the Covenanters themselves, about
private meetings for devotional purposes, which some of the leading men
in the Church countenanced and others reprobated—a schism which was
agitated at the Aberdeen Assembly, and at a future period increased,
till the Presbyterian Church was divided into two furious factions,
denouncing, excommunicating, and persecuting each other. For the nature
and particulars of this schism, we refer to Baillie, in which these are
given with his characteristic naivete and frankness.[245]




  THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY CONVEENED AT ABERDENE, JULY 28, 1640.

Sess. II. 20. July 1640.

The Assembly having past the first day before they would make any Act
in attending of His Majesties Commissioner.

This day the Moderator openly asked, in face of the Assembly, if there
was any Commissioner come from His Majestie: And finding there was
none, the Assembly proceeded according to their Liberties.

       *       *       *       *       *

_Overtures given in by the Committee appointed by the last Assembly
anent the ordering of the Assembly-house: Which being read in audience
of the Assembly, they approved the same._


I. The Assembly finds it expedient for the ordering of the House in
all time coming, that the Commissioners sit together unmixt, and
that the places where they sit be railed about, or some other way
divided from the seats of others, and that places be provided without
the bounds of the Commissioners seats to persons of respect, who are
not Commissioners, and others according to their qualities, as the
Magistrates of the Town shall find most convenient.

II. Also that the Commissioners, having received tickets from the
Magistrates of the Burgh, at the delivery of their Commissions, wherby
they may have ready accesse to the Assemblie-House and place appointed
for them, do keep the hour of meeting precisely, and whosoever comes
after the time, or shall be found absent at the calling of the Rols, to
be censured as the Assemblie sees fitting: And whatsoever Presbyterie,
Burgh, or Universitie, shall not send Commissioners, or Commissioners
sent from them doe not come at all to the Assembly, be summond unto the
next Assembly, and censured as the Assembly shall find reasonable.

III. That foure persons of respect have warrant from the Assembly to
injoyne that there be no standing, no din, nor disorderly behaviour:
And if any shall disobey them, or direct his speech to any, except to
the Moderator, and that one at once with leave first asked and given,
to be rebuked publikely by the Moderator: and if he desist not, be
removed out of the Assembly for that Session.

IIII. That no motion come in unto the Assembly but by the Committee
appointed for matters of that nature; and if the Committee refuse to
answer the same, let it be proponed to the Assembly with the reasons
thereof.

V. That the minutes of ilk Session be read before their rising, and if
the matter concerne the whole Kirk, let it be drawn up in forme and
read in the begining of the next ensuing Session, that the Assembly may
judge whether or not it bee according to their minde.

       *       *       *       *       *

_Act anent the demolishing of Idolatrous Monuments._

Forasmuch as the Assembly is informed, that in divers places of this
Kingdome, and specially in the North parts of the same, many Idolatrous
Monuments, erected and made for Religious worship, are yet extant—Such
as Crucifixes, Images of Christ, Mary, and Saints departed—ordaines the
saids monuments to be taken down, demolished, and destroyed, and that
with all convenient diligence: and that the care of this work shall be
incumbent to the Presbyteries and Provinciall Assemblies within this
Kingdome, and their Commissioners to report their diligence herein to
the next Generall Assembly.

       *       *       *       *       *

_Act against Witches and Charmers._

The Assembly ordaines all Ministers within the Kingdome, carefully to
take notice of Charmers, Witches, and all such abusers of the people,
and to urge the Acts of Parliament, to be execute against them: and
that the Commissioners from the Assembly to the Parliament shall
recommend to the said supreme judicatory, the care of the execution of
the Lawes against such persons in the most behoovefull way.

       *       *       *       *       *

Sess. V. Aug. 1, 1640.

_Act for Censuring Speakers against the Covenant._

The Assembly ordaines, that such as have subscribed the Covenant and
speakes against the same, if he be a Minister, shall be deprived; and
if he continue so, being deprived, shall be excommunicate: and if he be
any other man, shall be dealt with as perjured, and satisfie publikely
for his perjury.

       *       *       *       *       *

Sess. X. 5 Aug. 1640.

_Act against Expectants refusing to Subscribe the Covenant._

The Assembly ordaines, that if any Expectant shall refuse to subscribe
the Covenant, he shall be declared uncapable of a Pedagogie, teaching
of a School, reading at a Kirk, preaching within a Presbyterie, and
shall not have libertie of residing within a Burgh, Universitie, or
Colledge: and if they continue obstinate, to be processed.

       *       *       *       *       *

The Generall Assembly appoints the next Assembly to be in S. Andrews,
the third Tuesday of July 1641. And that the Moderator in a convenient
way, by the Secret Councell, or otherwise as may best serve, request
the Kings Majestie to send his Commissioner to the said Assembly.
And if any exigent fall out, that the Presbyterie of Edinburgh give
advertisement for an Assembly _pro re nata_.

FINIS.

       *       *       *       *       *




INDEX _of the_ PRINCIPALL ACTS _of the_ ASSEMBLY _at_ ABERDENE, 1640.
_Not printed._

1.—Election of M. Andr. Ramsay Moderator.

2.—Act against profaning of the Sabbath.

3.—Act anent Charmers.

4.—Act renewing a former Act made against Priors and Abbots.

5.—Commission for attending the Parliament.

6.—Commission anent the Province of Rosse.

7.—Commis. anent the Presbytery of Kirkwall.

8.—Act anent the Presbytery-seat of Selkirk.

9.—Report of the Visitors of the Universitie of Glasgow, and a new
Commission of Visitation of that University.

10.—Act anent the Carriage of Ministers.

11.—Act anent the ordering of Family Exercise.

12.—Act for Ruling Elders keeping of Presbyteries.

13.—Act anent Magistrates being Members of Kirk Session.

14.—Approbation of the proceedings of the Commissioners appointed to
attend the preceding Parliament.

15.—Act anent abolishing Idolatrous Monuments.

16.—Act anent abolishing Idolatrous Monuments in and about Aberdene.

17.—The Report of the Visitors of the Universitie of Aberdene.

18.—Commission for visiting the Universitie of Aberdene.

       *       *       *       *       *




=Miscellaneous Historical Documents.=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1639-40.

1639.—September 11.

1. _Discussion in Parliament as to the Large Declaration._[246]

Undecimo Septemb. 1639.

Anent the Supplication presented by the Assembly against the booke
called the Large Declaratioune, whairof Doctor Balcanquhall is
challenged to be ane of the authors: The Commissioner represented
that it is not expedient that this Supplicatioune be presented in ane
parliamentarie way; becaus it tendis to the renewing of the remembrance
of these troubles and the causes thereof, which heirtofoir vexed this
Kingdome, and ar now to be buried in oblivioune; and seing the said
booke beirs inscriptione of His Sacred Majesties name, quhilk he will
not disclaime, it aught to be handled with more reverence then to
be challenged in any publick way, quhilk evidentlie rubbis with His
Majesties honour, and can produce no better effect than ane answer to
all assertiounes contrair to what is averred in the booke, and will
frustrate the Petitioners of their intendit end. And, therefore, the
Commissioners Grace desyred, that gif the Petitioners will goe on in
this Supplicatione, they shall doe the same in that quiet, humble way,
which may not trench upon His Majestie, bot will most readilie satisfie
His Majestie, quhilk ought to be their first and maine desyre.

The Erles of Argyle and Rothes answered—That the said booke containes
so many vntrewthis, that is so dishonourable to His Majestie and this
haill natioune, and is so publick and dispersed through all the world,
of purpose to incense neighbour nationes, and speciallie Ingland,
against us, and to possess thaime with prejudices against thair
proceidings; and, therefore, the Petitione aught to be presented in ane
publik parliamentarie way, quhilk being legall and humble, cannot in
reasone offend His Graceous Majestie.

The Commissioners Grace answered—That the publik way will rather oblige
His Majestie to vindicate his honour by ane answer of mainteining that
booke then procure any satisfaction from his Majestie; becaus the King
must ather mainteane that booke, gif it be challenged by ane publik
way, or else acknowledge that he took armes upon unwarrantable grounds
and false information, quhilk is so dishonourable, that no good subject
can desyre or expect the same—and now, at this tyme, it is unfitt to
renew the memorie of what is past upon ather side, but they are to be
covered with ane act of oblivione.

The Estatis of Parliament being petitioned by the Assemblie to joyne
with thame in supplicating His Majestie against ane booke intituled
A Large Declaration, (which Supplicatione is registrat in the buikes
of the Assemblie,) the Estatis humblie recommendis the same to the
Commissioners Grace to be presented to his Majestie for obtaining
graceouslie the desyre of the said Supplicatione; and ordainis this to
be inacted in Parliament, in thir same words, and in no other wayis.

       *       *       *       *       *

1639 [40].—January 29.

2. _Letter from the Earl of Rothes to the Earl of Pembroke and
Montgomery._[247]

MY GOOD LORD,

I have large encouragement to use freedom, both from your own favours
to me, and my affection to your Lordship, and so may expostulate with
you for withdrawing your wonted (and even lately expressed) respects
at the Camp to this Nation. You found we had reason for our lawful
Defence, and that we had loyal Hearts to our Prince, and Justice in our
Desires; which moved you to plead for us, and so engaged the Affection
of many to you. But sithence, when my Lord Traquair made his Relation,
that moved hard Conclusions against us, not requiring so much as
that it should not obtain Truth to the prejudice of a Noble Nation,
till we were heard; and agreeing that an Army should be levied, and
lending Monies, hath much grieved us, to disappointed of one we so much
trusted. I have therefore been bold to entreat that we may keep better
Correspondency, or else by mistake we may be brought again to begin a
Mischief that will not end in our days. As we have formerly declined
it, so shall it not be our fault. And it lies in your Lordship, and
in other great Persons, to prevent these Evils. You have lived in all
great Ease, Peace, and Plenty for many years, as any Nation in the
World; and if you can like to interrupt your own Happiness for the
pleasure of some Prelates, who will share little with the Hardships
and Dangers that will be indured, you are not well advised. The Earl
of Dumfermling, and Lord Loudon, are sent with a full information of
our Bussiness. They will wait upon your Lordship, and expect your
wonted Assistance. They all (as much as may be) decline War, except
you will now needs have it. We hope your Lordship and others will make
use of these Reasons for the right end, which will fix a great deal of
Obligation from both Nations on you, and shall infinitely increase my
respects, desiring to continue

  Your Lordships most humble Servant,
  ROTHES.
  Edenburg, Jan. 29, 1639. [40]

       *       *       *       *       *

1639 [40.]—March 2.

3. _Letter from the Marquis of Hamilton to Lord Lindsay, with
Postscript by the King._[248]

MY LORD,

I Received yours of ________ February, wherein you endeavour to let me
see the hazard that His Majesty may run, if he take not a peaceable
Course with his Subjects of Scotland, which you say, I am reported to
be no adviser of; as likewise the unavoidable Ruine that will befall
me, in case of my accepting of any Imployment against them.

The Arguments that you use, are the Resolutions of your own people, and
the assistance that you will have elsewhere, the particular way you
forbear to write; yet you say, that God hath provided it beyond your
expectation; and, as it was beyond your expectation, so it is still
beyond my belief; my Reasons you shall have anon. But first I will say
somewhat concerning myself.

Know then, Brother, for a truth, that I heartily pray a Curse may
follow him and his Posterity, that doth not endeavour and wish,
that these unhappy Troubles may be composed in a fair and peaceable
way. God, who knoweth the Secrets of all mens thoughts, can bear me
record, with how much care, pains, and zeal I have endeavoured that;
and I promise you, I shall as faithfully continue in that Course, as
ever man did, in any Resolution which was with reason grounded in
his heart; how few either believe, or know this, I care not, for I
have laid my accompt long since, and am resolved on the worst that
can befall me. And for your further satisfaction, know, that nothing
can grieve more in this World, than to be sent in any Hostile manner
against my Friends, Kindred, and Country: where at the best, though I
may merit something from His Majesty, (to whose Goodness I owe much
besides the Duty of a Subject) yet I shall never be called other than
the destroyer of them; and what cause of Sorrow this will be to a
kind-hearted Scotsh-man, I leave to you to judge. Therefore I assure
you, that if either my Industry, Intreaties, nay Prayers prevail, no
such Charge will be imposed on me, my inclinations having always led
me in this rather to follow your Advice, and absent my self, in case
things come to the worst, than to accept of that Employment; though I
must tell you, it may bring along with it His Majesties Displeasure,
and so consequently certain Ruine. Yet I do intend to put that to
the hazard, and if it happen, I will have the Vanity to say, it will
neither prove advantageous to the Country, nor to those in it, who once
did me the Honour to esteem me their Friend. To conclude this point,
consider, if a Navy come, probably I must be miserable; for what can
I gain by it? if employed, a Discontented Life ever hereafter. If the
King should impose the Charge on me, and I refuse it, what the better
would you be? an abler would be employed in it, and I need never look
for His Majesties Favour thereafter, and without that in his Kingdom
will I never live. If I had no other Reasons but these, (but I could
write you fourty more,) consider if I have not cause to endeavour
Peace, and believe me I will do it.

For the Danger that His Majesty will run if he enter into this War, I
do acknowledge with you it may be great; but that certain Ruine must
follow, I cannot confess: yet I must say, that his Gain will be but
small, when he hath got that by Force which is his, or ought to be his
already; but what remedy? He conceiveth a Kingdom to be lost, and two
will be hazarded to regain that, if they continue in the Course they
are in.

For the Assistance you mention God hath provided for you elsewhere,
that is conceived to be used as an argument to fright us: For from
whence can it come?

From a Party in England? Trust not to that, nor give credit to a few
Factious Spirits, with whom perhaps Correspondence may be kept.

From France? Reason and the knowledge of their Affairs make us
confident, that no great matter can come from thence: Reason, for they
will not assist the Rebels (for so you will be called) of a King for
examples sake; and the necessity of their Affairs, for we know they
have enough to do elsewhere.

From Sweden? Though they perhaps be willing, yet it is known they have
not men to do it in these parts.

From Holland? The Body of that Estate hath by their Publick Ministers
disallowed your Actions, and hath given assurance that they will be far
from either giving Countenance or Assistance to you; what private men
may doe by way of Stealth, is little regarded or to be esteemed.

Thus I freely write what is thought of the Assistance you are like to
get from abroad, of which Opinion I shall still be, unless you can
make it more clearly appear; therefore I will use the old Proverb to
you, Beware that your stout Hearts make not your heads dry a Gutter,
and make you neglect the receiving of his Majesties Pleasure with all
thankful obedience, which, for any thing I know, nay I durst Swear,
will be no other than stands with the true Protestant Religion and the
Laws of the Kingdom. What pity is it then, that these mistakes should
continue? but how much more will it be, that they should encrease
to a Bloody War. If all amongst you would rightly insider what true
Religion and Piety is, and lay that only before their Eyes, there
are yet, not only good hopes, but certain assurances of a peaceable
Conclusion of those unhappy Troubles; and as you have advised me, so
let me you, (which perhaps may be the last time, that on this Subject I
shall write to you) endeavour Peace, which if gained, the effusion of
much Christian Blood will be saved, the Country preserved, Scotshmen
esteemed Valiant, Just, and Loyal, not only in this Kingdom, but
through all Europe, and no man happier than

  Your now much troubled,
  and affectionate Brother,
  HAMILTON.

POSTSCRIPT.—For Answer to your Postscript, I am not in dispair, but
to bring it to a good pass if your own carriage do not marre it; for
His Majesty is content to sign the Signature, but it is to remain in
my hands, and not to be delivered except your Carriage do deserve it,
as well as Crawfords, who knows not as yet, how far his Majesty hath
condescended. This Letter is not fit to be long keeped, therefore it
will not be amiss it be burnt. Let me hear from you with the first
occasion, and thereafter I care not how seldom, if matters come to the
worst.

Since the writing of this, the Letter which Rothes wrote to
the Chamberlain by Dumfermline was this day publickly read at
Council-board, His Majesty being present: it hath produced contrary
effects to what (I believe) he expected, for not only doth the
Chamberlain swear that there is not one true word in it, but hath
beseeched His Majesty, that Rothes may be called to an account for
the traducing of him in so high a nature, (to use his own words) nay
to make him, (if it were in his Power) appear to be a greater Traytor
than himself. In a word, the whole Table was much scandalized with the
Letter, and no wayes satisfied with the Writer of it, even though it
had been all as he expressed.

I profess I have loved Rothes, and am sorry when any misfortune befalls
him; and likewise I thought fit to mention this, that you may see what
those of this Country will doe, when it comes to an issue; therefore I
hope not only he, but the whole Country will take example by this, and
grow wise while there is time.

_This Letter he carried to the King, and at the end of that Copy he
retained, yet extant, His Majesty with his own hand wrote._

I have perused this Letter, and have not only permitted, but commanded
that it should be sent.

  CHARLES R.
  Whitehall, 2 March,
  1639 [40.]

       *       *       *       *       *

1639 [40.]—March 8.

4. _Letter from the Earl of Pembroke to Rothes._[249]

MY GOOD LORD,

The Civilities and good Respects which I placed upon you, at the time
of my being in the Camp, you stile _Encouragements_, and insinuate them
as Reasons why you may expostulate with me. Your Premises I allow you,
but your Inference I return you again, as fuller of Sophistry and mean
Designs, than of Truth or Reason.

First, I never allowed your Defence lawfully undertaken, by other Arms
than by Petitions and Prayers unto your Master. I never found Loyalty
in your Covenant, nor Duty in your taking up Arms. I never affirmed
the Justice of your Cause; neither did I consider so much the Merit
thereof, as your unwarrantable and tumultuous disobedience therein
unto the King, with the Vexation and Disturbance it brought upon the
Nobility of this Kingdom. Neither was I in all this Commotion your
Advocate for other reasons, than suffering my self to become a Mediator
to his Majesty for your Peace and Forgiveness, moved thereunto by your
frequent Protestations of paying all Duty and Loyalty to your Master’s
Commands.

If from hence you haply gained from me an easier Credulity than
your mask’d Designs deserved at my hands, I know not why you should
obtrude on me an Alteration of my Opinion, or a withdrawing of my (but
conditional) Respects from you. Thus far an Answer to what concerns me.

And now, as a Counsellor of England, let me be bold to expostulate with
you upon that which follows in your Letters.

How cometh it to pass that you should upbraid us, or expect from us,
that we should not give credit to my Lord Traquair’s Relation; that
we did not mediate with the King to change his Resolution of sending
forth an Army; and that we did not deny the King Loans of Money for his
Service?

My Lord, These Enforcements perhaps as little become you, as it is
certainly unlawful and undutiful in the Subjects of England to dispute
it with their King. You may pretend Religion to be the sole Cause of
your Grievance; but we believe it a woful Religion here, that hath thus
devested itself of all Moral Duty and Civility. Nay, you go further,
you threaten and fear us with a Mischief that will not end in our days;
and boldly make it your own Act, to have declined it hitherto without
Obligation to the Kings Mercy at all. You tell us of Plenty, and Ease,
and Happiness for many years enjoyed, and wonder we should expose all
those to hazard for the pleasure of some few Prelates.

My Lord, These are Arguments for common People, and Men of broken
Fancies to feed upon; but such Suggestions will not find nor make a
Party here. Perhaps it may blow them into a Flame, whose Zeal already
hath burnt up their Duty and conscionable Allegiance unto their Master.

To be short, as I never had a Correspondency of Bussiness with your
Lordship, so your Letters have assured me it is dangerous to begin it.
Yet for the Peace of both the Churches and Kingdoms, I will adventure
to give you this Intelligence, That we have not (in our Council here)
proceeded against you without deliberation, a good Conscience, and a
just sense of Honour. Neither shall I, or any of us, be entreated or
feared by you, or any of you, for contributing our Assents or Fortunes
thereunto, but as our Master shall command us.

Lastly, Know you, my Lord of Rothes, that the return of my old
Friendship to you is to be expected, when I shall hear of your
Renovation. Be simple, my Lord Rothes, and not a Covenanter, and I
shall be the same.

  P. & M.

  Whitehall, March 8th,
  1639 [40.]


1640.—[Date uncertain.]

5. _Letter from the Covenanters to the King of France._[250]

  SIRE,

Vostre Majesté (estant l’asyle & sanctuaire des Princes & Estats
affligéz) nous avons trouvé necessaire d’envoyer ce Gentilhomme le
Sieur de Colvil, pour representer a V. M. la candeur & naiueté
tant de nos actions & procedures, que de nos intentions, lesquelles
nous desirons estre graveés & escrites à tout l’univers avec un
ray du Soleil, aussy bien qu’a V. M. Nous vous Supplions doncques
treshumblement (Sire) de luy adjouster foy & creance, & a tout ce qu’il
dira de nostre part, touchant nous & nos affairs; estans tresasseurés
(Sire) d’une assistance esgale a Vostre clemence accoustumeé cydevant,
& si souven monstrée a ceste Nation, laquelle ne cedera la gloire à
autre quelconque d’estre eternellement,

  Sire, de V. M.,

  Les treshumbles, & tresobeyssants, & tresaffectionés serviteurs,

  Rothes,        Montrose,        Lesly,        Marre,
  Montgomery,    Loudoun,         Forrester.

_Englished thus_:—

  SIR,

Your Majesty being the Refuge and Sanctuary of afflicted Princes and
States, we have found it necessary to send this Gentleman Mr Colvil, to
represent unto your Majesty the candour and ingenuity, as well of our
Actions and Proceedings, as of our Intentions, which we desire to be
engraved and written to the whole World with a Beam of the Sun, as well
as to your Majesty. We, therefore, most humbly beseech you (Sir) to
give faith and credit to him, and to all that he shall say on our part,
touching us and our Affairs; being most assured (Sir) of an Assistance
equal to your wonted Clemency heretofore, and so often shewed to this
Nation, which will not yield the Glory to any other whatsoever, to be
eternally,

  Sir,

  Your Majesty’s most humble, most obedient, and most affectionate
    Servants,

  Rothes,        Montrose,        Lesly,        Marre,
  Montgomery,    Loudoun,         Forrester.


1640.—June 17.

6. _Letter from Committee of the Scottish Parliament to the Earl of
Lanerick._[251]

  RIGHT HONOURABLE,

It is not unknown to your Lordship with what difficulties this Kingdom
hath wrastled this time past, in asserting their Religion and Liberties
against the dealings of bad Instruments with his Majesty to the
contrary. The means which they have used, have been no other but such
as they humbly petitioned and obtained from his Majesty—a free National
Assembly and Parliament. The Assembly went on in a fair way, and was
closed with the liking and full consent of his Majesties Commissioner;
but the Parliament Indicted by his Majesty was prorogated, till the
Reasons of the Demands of the Estates were rendered to his Majesty;
which having done by their Commissioners, they kept the second of June
(the day appointed by his Majesty) for the sitting of the Parliament;
and after diligent Enquiry, hearing nothing from his Majesty nor his
Commissioner, neither by their own Commissioners or any others sent
from his Majesty, which might hinder the Parliament to proceed to the
settling of their Religion and Liberties, after mature deliberation,
and long waiting for some signification of his Majesties pleasure,
they have all, with one consent, resolved upon certain Acts, which
they have adjudged to be most Necessary and Conducible for his
Majesties Honour and the peace of the Kingdom, so far endangered by
delayes; and have committed to us the Trust to shew you so much, and
withal to send a just Copy of the Acts, that by your Lordship (his
Majesties Principal Secretary of Scotland) they may be presented to
his Majesty. The Declaration prefixed to the particular Acts, and the
Petition in the End, contain so full expressions of the Warrants of
the Proceedings of the Estates, and of their humble continued desires,
that no word needs to be added by us. We do, therefore, in their name,
(according to the Trust committed to us,) desire your Lordship (all
other wayes of Information being stopt) with the Presenting of the Acts
of Parliament, to represent unto his Majesty against all suspicions,
suggestions, and tentations to the contrary, the constant love and
loyalty of this Kingdom unto his Majesties Royal Authority and Person,
as their Native King and kindly Monarch: And that they are seeking
nothing but the Establishing of their Religion and Liberties under his
Majesties Government, that they may still be a free Kingdom, to do
his Majesty all the honour and service that becometh humble Subjects;
that their Extremity is greater, through the Hostility and Violence
threatned by Arms, and already done to them in their Persons and Goods,
by Castles within and Ships without the Kingdom, than they can longer
endure: And that, as his Majesty loveth his own Honour and the Weal of
this his Antient Kingdom, speedy course may be taken for their relief
and quietness; and that if this their Faithful Remonstrance (to which,
as the Great Council of the Kingdom, they found themselves bound at
this time for their Exoneration) be passed over in silence, or answered
with delayes, they must prepare and provide for their own defence and
safety. We are very hopeful that your Lordship (as a good Patriot, and
according to the obligement of your place) will not be deficient in
that duty for your Native Countrey, and send us a speedy Answer, as we
shall in every duty be careful at all occasions to shew our selves.

  Your Lordships humble Servants,

  _Signed_, Balmerino,
  Burghly,
  Napier,
  Thomas Hop,
  John Murray,
  John Hamilton,
  George Dundas,
  John Smith,
  Ed. Egger,
  Thomas Patterson,
  Ja. Sword.


1640.—June 26.

7. _Terms of Agreement on which Lord Lowdoun was liberated from the
Tower of London_.[252]

I. The Lord Lowdon doth promise to contribute his faithful and
uttermost Endeavours for his Majesties Service, and furthering of a
happy Peace, and shall with all possible diligence and care go about
the same, and shall labour that His Majesties Subjects of Scotland may
in all humility petition, that His Majesty may be Graciously pleased to
authorize a Commissioner with full Power from His Majesty to establish
the Religion and Liberty of that His Majesties Native and Ancient
Kingdom according to the Articles of Pacification, and that by a new
Convening or Session of the Parliament, without cohesion or dependence
on what hath been done by themselves, without His Majesties Presence,
or of a Commissioner to represent His Majesties Royal Person and Power.

II. That if there be not an Army already convened in Scotland in a
Body, he shall endeavour that they shall not convene, nor come together
during the time of Treaty, in hope of Accommodation; and if they be
already convened in a Body before his return, he will labour that they
may dissolve and return to their several Shires, or dispose so of them,
that they remain not in one Body, as may best evince that they intend
not to come into England; but may carry themselves in that respective
way, as may best testifie their Duty to His Majesty, and their Desires
of Peace.

III. That if General Ruthwen shall happen to become their prisoner,
they may (as a testimony of their desire to shun every thing which may
provoke His Majesties displeasure) preserve him, and that the Lord
Lowdon will shew how far he is engaged for his Safety.

IV. That when Affairs shall be brought to a Treaty in Parliament, and
that His Majesty shall be Graciously pleased to settle the Religion and
Liberties of the Kingdom according to the Articles of Pacification, he
will endeavour that the Kings Authority shall not be entrenched upon,
nor diminished, that they may give a real demonstration to the World,
how tender and careful they are, that His Majesties Royal Power may be
preserved both in Church and State.

V. That what is done or imparted to the Lord Lowdon concerning His
Majesties Pleasure shall be kept secret, and not revealed to any here,
further than His Majesty shall think expedient.

That the Lord Lowdon shall (as soon an conveniently he can) return an
account of his Diligence.

[There was given with this another Paper, which follows.]

_Memorandum of what passed betwixt the Marquis of Hamilton and me_, 26
June 1640.

I. Because no great matters can be well effectuated without Trust,
Fidelity, and Secrecy; therefore it is fit that we swear Fidelity and
Secrecy to others, and that I shall faithfully contribute my best
Endeavours for performance of what I undertake; and that my Lord
Marquis doe the like to me.

II. Our desires and designs do tend mainly for Preservation of
Religion, Laws, and Liberties of the Kingdom, the Kings Honour, and
of His Royal Authority, and for establishing of a happy Peace, and
preventing of Wars; and we are to advise and resolve upon such ways and
means as may best conduce for these ends.

III. If (after using of our utmost Endeavours) it be not Gods will
that we may be so happy as to obtain such a Peace in haste, as may
content the King and satisfie his Subjects, till differences draw to
a greater height, and beginning of Wars, to resolve what is fit to be
done in case of such an Extremity, for attaining a wished Peace, and to
condescend what course we shall take for keeping of Correspondence.

If my Endeavours and Service (which doubtless will put me to a great
deal of expence and pains) shall prove useful for His Majesties Service
and Honour, and the Good of the Kingdom, which are inseparable, the
Marquis will intercede really, and imploy his best Endeavours with
the King, to acknowledge and recompence the Lord Lowdon’s Travels and
Service in such a manner as a Gracious King and Master should doe to a
diligent and faithful Servant.


1640.—June 27.

8. _The Earl of Lanerick’s Answer to the Committee_.[253]

MY LORDS,

By my former of the date of the 23d of June, his Majesty was pleased
to promise by me, to let you know within few dayes his further
pleasure concerning those proceedings and desires of the Noblemen,
and Barons, and Burgesses, which you sent me to be presented to his
Majesty; whereupon he hath now commanded me to tell you, that the
Not Proroguing of the Parliament in a Legal and Formal way, was not
for want of clear Instructions, and of full and ample Power from his
Majesty, he having fully signified his pleasure to those whom he did
entrust with the executing thereof, not thinking it fit to employ other
Servants of greater Eminence, by reason of the disorders and Iniquities
of the times: and as forced by the importance of his other great and
weightie affairs, he was necessitated to Prorogue the Parliament for
some few dayes, so did he most really intend to perform, at the time
prefixed, whatsoever he had promised by the Act of Pacification; but
neither can the neglect of his servants, (if any be,) nor those other
Reasons alledged by the foresaid Noble-men, Barons, and Burgesses, in
their Declaration for their sitting, satisfie his Majesty for their
proceeding in a Parliamentary way; since, by the Duty and Allegiance
of Subjects, they are bound to acknowledge, in a most special manner,
his Transcendent Power in Parliaments. And if Subjects there do assume
the Power of making Laws, and rescinding those already made, what Act
can be done more Derogatory to that Regal Power and Authority we are
all sworn to maintain? Therefore his Majesty conceives, they cannot in
reason expect he can interpose his Royal Authority to these, or any
other Acts whatsoever, whereto neither he in his own real Person, nor
by his Commissioner, did assist. Yet such is his Majesties Clemency,
that when they shall take such an humble and dutiful way, as may
witness that they are as careful and tender of his Majesties Royal
Power, as they are desirous of his Approbation, then shall it be time
for them to expect such a Gracious and Just Answer, as may testifie
his Majesties Fatherly Compassion of that his Native Kingdom, and his
Pious and Princely care of performing whatsoever is necessary for
Establishing their Religion and Laws. So thus, having imparted unto you
all that was enjoyned me by his Majesty, I shall say no more from my
self, but I am

  Your Lordships humble Servant,

  LANERICK.

  White-Hall, June 27, 1640.


1640.—July 7.

9. _Reply by the Committee to Lanerick_.[254]

MY LORD,

We received your Lordships Letter of the twenty seventh of June from
the Lord Lowdon, whose Relief out of Prison gives us occasion (before
we answer your Lordships Letter) to acknowledge the same as an Act
of his Majesties Royal Justice and Goodness, although the pretended
Cause of his Imprisonment was but a Malicious Calumny of the Enemies
of the Kings Honour and our Peace, forged to engage both his Majesties
Kingdoms in a National War. As we cannot but regret that any Neglect
of his Majesties Officers, or absence of his Commissioner, whose
presence we did both desire and expect, should hinder the interposing
his Royal Authority to these Acts of Parliament, which were found most
necessary for establishing Religion and the Peace of this Kingdom,
and which, according to the Acts of Pacification, his Majesty was
Graciously pleased to promise; so we have and shall still endeavour
to give demonstration of that tender respect we have of his Majesties
Honour and Royal Power. And whereas your Lordships Letter doth imply,
that we should take some other way for the more easie obtaining of
his Majesties Approbation, which also, by several reasons, hath been
most instantly pressed by the Lord Lowdon; yet we conceive that
Parliamentary way which was taken by the Estates convened by his
Majesties Special Warrant, to have been most Legal and Necessary,
and no wayes Derogatory to his Majesties Power in Parliament, nor
contrary to the Duty of good Subjects, who are warranted by the
Articles of Pacification under his Majesties hand, to Determine all
Civil Questions, Ratifie the Conclusions of the Assembly, and remove
the present Distractions of this Kingdom, as is more abundantly
demonstrated by their Declaration in Parliament hereabout; so that
we dare not take any other course, which may entrench upon their
Parliamentary Power or Proceedings, nor will we (being so few in number
appointed to stay here) presume of our selves, in a matter of so great
moment, to return a more full and particular Answer, till there be a
more frequent meeting of those appointed by Parliament, which will be
shortly; and then your Lordship shall be acquainted, that you may shew
his Majesty their resolutions and humble desires; and we shall remain

  Your Lordships Affectionate Friends
  and Servants,

  _Signed_, Lindsay,
  Balmerino,
  Burghly,
  Napier,
  J. Murray,
  G. Dunglass,
  Ja. Sword,
  J. Forbes,
  Ed. Eggar.

  Edinburgh, July 7, 1640.


1640.

10. _Principal Baillie’s Account of the Aberdeen Assembly, in a Letter
to the Rev. William Spang_.[255]

Our assembly at Aberdeen was kept with great peace. We found a great
averseness, in the hearts of many, from our course, albeit little
in countenance. D. Sibbald, Forbes, and Scroggie, were resolved to
suffer martyrdom before they subscribed anything concerning Episcopacy
and Perth articles; but we resolved to speak nothing to them of
these matters, but of far other purposes. We found them irresolute
about the canons of Dort, as things they had never seen, or at
least considered. They could say nothing against any clause of the
book of canons, liturgy, ordination, high commission. D. Forbes’s
treatises, full of a number of Popish tenets, and intending directly
reconciliation with Rome, farther than either Montacute, or Spalato,
or any I ever saw among their hands, and the hands of their young
students, together with a treatise of Bishop Wedderburn’s, and an
English priest, Barnesius, all for reconciliation. D. Sibbald, in many
points of doctrine, we found very corrupt; for the which we deposed
him, and ordained him, without quick satisfaction, to be processed.
The man was there of great fame. It was laid upon poor me to be all
their examiner, and moderator to their process. Dr Scroggie, an old
man, not very corrupt, yet perverse in the covenant and service book.
D. Forbes’s ingenuity pleased us so well, that we have given him yet
time for advisement. Poor Barron, otherwise an ornament of our nation,
we find has been much in _in multis_ the Canterburian way. Great
knavery and direct intercourse with his Grace we found among them,
and yet all was hid from us that they could. I got my cause delayed
to the next general assembly; yet Mr Robert Ramsay was ordained to
transport to Glasgow, and Mr Andrew Cant to Aberdeen, sore against
his mind; his patron Lothian will vehemently oppose it. Thir violent
transportations will at once offend many. I am like to be more than
boasted with a divinity-profession in Aberdeen. The work is so far
mistaken. Better for me to be dumb or dead than so far miserable.
Much of our ten days sitting spent in causes of transportations, and
plantations of churches, where patrons, presbyteries, and people
had their contests. All which came before us were at last peaceably
settled. Many good overtures were made, which ye will see at once in
print. That which troubled us most was a passage of Mr Henry Guthrie’s,
which, because it may be the occasion of farther din, I will relate to
you particularly, so far as I understand. Our countrymen in Ireland,
being pressed there by the bishops to countenance the liturgy and all
the ceremonies, did abstain from the publick worship, and in private,
among themselves, their ministers being all banished, did, in that time
and place of persecution, comfort themselves with prayer and reading,
and other exercises of religion, whiles in the night, whiles in the
day, as they had occasion. Sundry of them intending a voyage to New
England, inclined towards the discipline of these churches; yea, some
Brownists, insinuating themselves among them whileas their ministers
were away, did move divers towards their conceits. The most of thir
good people flying over to us, were heartily embraced of us all. Their
private meetings were overlooked. Some of their conceits, though they
were spreading, we let alone, till the Lairds of Leckie, one who had
suffered much by the bishops, was marked, using his Irish form of
private exercises in Stirling, and in his prayers, some expression
which were prejudicial to Mr Harry Guthrie, minister of the said town,
and other ministers of the land, who did not affect their ways. At once
Mr Harry, with the brethren of that presbytery, and magistrates of
that town, did begin with vehemency, and some violence, to suppress
these private meetings; and to point out in very black letters all the
singularities they knew or heard of in Leckie, or these who affected
their ways. They, on the other side, failed not to render to Mr
Harry and the brethren the like. The last assembly of Edinburgh were
perplexed with this matter. Mr Harry made very loud complaints of
their novations, both in word and writ. Sundry being conscious what in
divers parts of the country was broaching, was in some fear. Divers of
our chief ministers tendering very much the credit of these very pious
people, were loth that anything concerning them should come in publick.
We had sundry private meetings with the chief that were thought to
incline that way. Mr Henderson vented himself at many occasions,
passionately opposite to these conceits. We found among ourselves great
harmony of judgement; yea, Leckie declaring his mind in a writ, was
found to differ nothing considerable from us. Once we agreed for the
framing of an act for the preveening of such questions. Both sides
laid it on me to form it. All were pleased with the draught, only
one not liking my conclusion of precise discharging of all novations
till in a general assembly they were allowed, persuaded to leave off
making of an act, lest our adversaries should triumph in our so hasty
disputations, if not divisions; and did assure, by quiet denting, to
smother all farther reasoning of such purposes: only we concluded,
for satisfaction of all, that Mr Harry should preach for advancement
of religious exercises in every family, and Mr Robert Blair, Mr John
Maclellan, Mr John Livingston, against night meetings, and other abuses
which were complained of. Mr Blair, in his sermon, did not so much
cry down these meetings as was expected, wherefore Mr Guthrie refused
to preach at all. Some citizens of Edinburgh declared themselves
not well satisfied with Mr Henderson’s zeal against their practice.
One Livingston, a trafficker with the English who were affected to
our reformation, but withal to the discipline of New England, in
his letters to his friends abroad, did write very despitefully of
Mr Henderson. This being intercepted, did grieve, not only the man
himself, but us all, of all ranks, who had found him the powerful
instrument of God, fitted expressly much above all other, to be a
blessing to our church, in this most dangerous season. For preveening
of all farther inconvenience, it was thought meet to press, in all the
kingdom, religious exercises in families, according to a draught which
Mr Henderson, with the unanimous consent of all, gave out in print.
This family worship was expected a sufficient remedy against the feared
evils of other private meetings. But when it was not found so, these
that would have kept on foot amongst us some of the Irish novations,
foreseeing their severe condemnation by the ensuing general assembly,
thought good to flee from that discreditable stroke, and drew together
in Edinburgh, in time of the parliament, to a privy conference. On
the one side, Mr Henderson and Mr Eleazar Borthwick; on the other,
Mr Blair and Mr Dickson; these four agreed on a paper of caveats,
limiting these private meetings; which being opened to the rest of the
brethren there conveened, did please all. The report of this gladed
all the land, hoping that these disputations had been at a point. I
heard no more of them till the synod, at the beginning whereof, as
the custom is, a list being given up for preaching in the town, Mr
Guthrie was one. He finding himself, as he avowed, indisposed in body,
and unable without more books and leisure than there he could have,
and unwilling, since the provost of the town required he should be
heard, having, as he heard, a mind to get him transported to that town,
refused peremptorily to preach at all, and that with some words of
headiness more than it became to us, in the face of an assembly; those
who bare him at small good will, finding him in this snare, whether
to punish him for bygone businesses, or to dash him for attempting in
that assembly any farther matter about Leckie’s meetings, which they
suspected was his main errand to that place, urged straitly the publick
censure of his presumption. When he was removed, all those who had
relation to the Irish business, lighted so sharply upon him, that many
did think their censure was not so much for his present behaviour, as
for some bygone quarrels. He took the moderator’s reproof submissively
enough; but whether on that irritation, or preceding resolution, he
set himself with all earnestness to have these matters concluded in
the assembly, which some of us were afraid so much as publickly to
name. Privately he had solicited the whole northern ministers and
elders, putting them in a great vehemency against all these things he
complained of. It was one of my overtures for ordering the house at
the beginning of the assembly, that no motion should come in publick,
till first it was considered in private by the committee appointed for
things of that nature whereof it was, unless the committee refused to
receive it. Whereby Mr Harry his first motion in publick, though he
had alledged it had been proponed by him to the committee of overtures
and not received, was remitted again to the committee. By this means
he was holden off some days; but by no means could be gotten diverted
from proponing these questions, which we were afraid should trouble
us all. Account was taken of all the commissioners of the kingdom,
in the face of the assembly, of settling of family exercise in ilk
house of their presbytery; it was avowed to be everywhere pretty well
advanced; but this was not water for the fire in hand. It was the
advice of the committee, to propone Mr Henderson’s paper before Mr
Harry was heard. This advice, in my mind, was wholesome; for likely
all would have applauded to that paper, and no more needed for the
settling of these questions; but some, whether because they were loth,
though privily they assented to that paper, that yet it should go on
in a publick act, or being varied with a clean contrair spait, were
wilful to have Mr Harry to vent himself in publick, to the uttermost of
his passions, would not let the committee determine any thing in that
affair. Mr Harry being permitted at last to speak in the assembly, a
long discourse proclaimed what he was able to say of Leckie, and those
meetings. Truly he uttered many things very odious, if true. Mr James
Simpson of Bathgate shewed also many scandalous things of that sort
of people. A commissioner from Galloway declared a number of uncouth
passages, reflecting on Mr Samuel Rutherford, Mr John Livingstone, and
Mr Maclellan. Presently all went to a heat and confused din; the whole
north, especially the Earl of Seaforth, a well-spoken man, but whose
honesty in our cause ever has been much suspected, passionately siding
with Mr Harry; some others freting to hear pious people so shamefully,
as they thought, calumniated. In the midst of this clamour, I took
leave, sharply to regret that we did rush in a greater evil than any
was complained of: the confused misorder of a general assembly was the
spoiling of the only remedy of that and all other diseases; but no
possibility of order and silence. The moderator had neither weight in
his discourse, nor dexterity in guiding. We missed much Mr Henderson,
or some of our respected nobles. At last the confusion ended in a
committee for the preparing of overtures to remeid these evils. The
committee was for the most part of men at Mr Harry’s devotion. After
much jangling and repetition, with many evils, of odious, whether true
or fabulous, narrations, sundry of us inclined to have that forenamed
paper passed in an act. But my Lord Seaforth, and Mr Harry, by no
means could hear of that motion. They told ever, that caveats brought
in the bishops; that this paper, though never so full of limitations,
would be at least introductive of the thing limited. Mr Rutherford
all the while was dumb; only, in the midst of this jangling, he cast
in a syllogism, and required them all to answer it. “What scripture
does warrant, an assembly may not discharge; but privy meetings for
exercises of religion, scripture warrants, James v. 16. _Confess your
faults one to another, and pray one for another;_ Mal. iii. 16. _Then
they that feared the Lord, spake often one to another,_ &c.: _Ergo_,
thir things could not be done in publick meetings,” A number greedily
haunsht at the argument, Mr Andrew Ramsay, Mr J. Adamson, and others;
but came not near the matter, let be to answer formally. Mr Harry
and Seaforth would not have Mr Samuel to trouble us with his logick
syllogisms. The truth is, as I conceive, Mr Harry intended to have all
meetings private _simpliciter_ abolished; also Mr Rutherford I know,
in a treatise, defended the lawfulness of those meetings in greater
numbers, and for moe purposes than yet we have heard practised: also
Mr Dickson had written, and practised, and countenanced some things
in these meetings, that now both of them finding the inconveniences,
and seeing the great opposition they got from many good men, and
especially by Mr Henderson, were content to pass from, at least to be
silent of. We closed that night with this overture, That five of our
number should draw up every one of us our conception, by way of act,
to present to-morrow to the committee, Mr David, Mr Harry, Mr David
Lindsay, Mr Alexander Peter, and I. In my act I strove, so cunningly as
I could, to canvass Mr Henderson’s paper shortly, with some of my own
conceptions. I communicated it to the chief opposers of Mr Harry, Mr
David Dickson, Mr Samuel Rutherford, William Rig, and others, and got
them at last to acquiesce. When we came to the committee, all the five
Acts were read: the question came betwixt mine and Harry’s. Mine was
liked by all; only Mr Harry disliked it, and conceived that under every
word a dangerous serpent did lie. There was no remeid: his contentment
was the contentment of the body of the assembly. Since he misliked my
draught, I set myself to persuade that his draught might be accepted;
for truly it had nothing that was controverted. It consisted of three
articles. The 2d article was, That read prayers was not unlawful.
Mr Dick did enlarge, that it should be lawful to read prayers both
in private and publick. The 3d article was, That it should not be
permitted to any to expone scripture to people, but only ministers,
and expectants approven by Presbyteries. No man did contradict the 1st
article, which was, That family-worship should be declared to be of
persons of one family, not of divers. Here was all the question. I did
declare publickly, oft without contradiction, that the meetings whereof
he complained were not family-meetings, but another kind specially
differing from the other: so that his article of family-meetings would
never touch any abuse of these meetings, were they never so many and
foul. Yet because this was Mr Harry’s own draught, and he alledged
that the people with whom he had to do, did take their conventicles
only for family exercises, he required no more than the declaration of
the assembly, that family-meetings extended no farther than to persons
of the same family. This, though no man could refuse, yet these that
liked nothing that came from him, did question much more than they
needed, and very violently urged to have, in that article, limitations
which in my judgement were very needless, and did farther Mr Harry’s
design more than his own words. Always Mr Harry was made content to
accept of one exception, which was the practice of people’s flocking to
their minister’s family-exercise; but of any moe exceptions he would
not hear, and more they pressed upon an argument that did much amaze
my mind, that except they got another conceit, they had a written
protestation ready against that act of the synod; the thing that the
devil was seeking, and would have been sweet pastime to that town of
Aberdeen, and our small favourers in the north, who were greedily
gazing on the event of that broil. Always at last the prayers of the
land for God’s blessing to that assembly prevailed, and in a moment
God made the minds of these who differed to agree, to the great joy of
all when they heard it. There was but five of us then in private, Mr
Harry, Mr David, as parties, Belhelvie for Mr Harry, the moderator, and
I, betwixt them. Mr David at last acquiesced to my request, to let Mr
Harry’s article pass as it stood; and Mr Harry, after once and again I
had inculcate to him, that all his act was but a blephum if you put not
in that clause you see it has against novations, was at last content
to put it in; so with great difficulty, the act being agreed upon in
private, and in the committee, when it came to be voted in the assembly
it had no contrair voice. All of us did think that then the storm was
close over and gone; yet when least we expected, it does blow up again
as boisterously as ever. Some that were grieved and fretted that their
purpose should have got so much way, desiring to have some order of
him, did give in a writ, requiring, since so many vile abuses were in
the assembly alledged to have been committed by Leckie; and others, in
divers parts of the country, it were expedient that a committee were
ordained for the trial and severe punishment of all these misorders;
and that this committee should sit in Edinburgh, and consist of those
whom the assembly had appointed commissioners for the parliament, with
so many other as the assembly thought meet to join with them. This bill
was read near the end of the synod by Mr James Bonner, moderator of the
bills, as newly given to him, by whom he knew not. Upon the hearing of
it, at once there arose such an heat and universal clamour, that it was
marvellous. Mr John Maclellan was found the ingiver of it; while he
began to be hissed at, Mr Andrew Cant, and Mr D. Dickson did speak for
the reasonableness of it, and some few other ministers and gentlemen
who had been on the council of it; but they were so overwhelmed with
the multitude of criers, Away with it, Away with it, that they were
forced to be silent and let it go. I much grieved to see the tumultuous
disorder of our assembly; and had I been on Mr David’s council, I would
have dissuaded him to my power from such a motion, which, if it had
been assented to, was like to have fired our church more than any other
brand that Satan at this time, in all his wit, could have invented:
so, by God’s goodness, water was cast on that fire for the time: the
embers yet seem to smoke; but we hope God will see to the peace of our
church, which is but a brand newly taken out of the fire, or rather yet
in the midst of the flame of war and great danger.

       *       *       *       *       *

11. _Laud’s Service Book, and the English Liturgy._[256]

In addition to the objections which the Scots had to various parts of
the English Liturgy, they complained of the following alterations made
on it in Laud’s Service Book, as savouring of Popery:—

1. In the order of the administration of the Lord’s Supper, instead of
the Rubrick in the English Liturgy—“The table, at the Communion time,
having a fair white linen cloth upon it, shall stand _in the body of
the church_, or in the chancel, where morning and evening prayer are
appointed to be said”—Laud’s Service Book has the following:—“The
holy table having, at the communion time, a carpet, and a fair white
linen cloth upon it, _with other decent furniture, meet for the high
mysteries there to be celebrated_, shall stand at the _uppermost part
of the chancell_ or church, where the Presbyter, standing at the north
side or end thereof, shall say,” &c.

2. Having thus removed the Priest, as far as possible, out of the
hearing of the people, (in conformity with the Romish rites,) the
Service Book, in a second Rubrick, immediately before the consecration,
orders him to turn his back to the people, which he must have done
according to the following direction:—“Then the Presbyter, standing
up, shall say the prayer of consecration, as follloweth, _but then,
during the time of consecration, he shall stand at such a part of the
holy table, where he may, with the more ease and decency use both his
hands._”

3. They objected to the phrase _consecration_, which, though it appears
in the modern editions of the English Liturgy, had no place in the
edition used at that time in England; but their chief objection to the
prayer of consecration, in Laud’s book, was the following sentence,
which never was allowed a place in the English Liturgy:—“We most humbly
beseech thee, and of thy almighty goodness vouchsafe so to blesse and
sanctifie, with thy word and holy spirit, these thy gifts and creatures
of bread and wine, _that they may be unto us the body and blood of thy
most dearly beloved Son._”

4. After the prayer of _consecration_, there follows, in Laud’s book,
the prayer of _oblation_, which two prayers the Popish writers call the
_heart_ and the _head_ of the mass, and both of which were carefully
removed by the English Reformers, the former being altered, and the
latter rendered innocent, by being placed as a thanksgiving after
receiving the communion. In the Service Book, the oblation is replaced,
under the title of a “Memoriall or Prayer of Oblation,” beginning with,
“We, thy humble servants do celebrate and make here before thy divine
Majestie, with these thy holy gifts, the memoriall which thy Son hath
willed us to make, and humbly beseeching thee, that whosoever shall
be partakers of the holy communion, _may worthilie receive the most
precious bodie and blood of thy Son_, Jesus Christ, and be fulfilled
with thy grace and heavenly benediction, and made one bodie with him,
that he may dwell in them and they in him.” After this, the Lord’s
prayer, which, in the English Liturgy, is not introduced till after
the communion has been received, is brought in with the presumptuous
preface of the missal, _Audemus dicere_—“We are bold to say.”

5. What was formerly called “the holy table,” and, in the English
Liturgy, “the Lord’s table,” is now, after the consecration, in the
Service Book, termed “God’s board.” “Then shall the Presbyter, kneeling
down at _God’s board_, say,” &c.

6. In delivering the bread, the Minister is required, by the English
Liturgy, to say—“The body of our Lord Jesus Christ, which was given
for thee, preserve thy body and soul unto everlasting life. _Take
and eat this in remembrance that Christ died for thee, and feed on
him in thy heart, by faith with thanksgiving._” This last sentence,
added by the English Reformers to qualify and explain the former, is
wholly _omitted_ in Laud’s book, which gives us merely the words of
the missal—“_The body of our Lord Jesus Christ, which was given for
thee, preserve thy body and soul unto everlasting life._” In like
manner, when delivering the cup, the words “Drink this in remembrance
that Christ’s blood was shed for thee, and be thankful,” are expunged
from the Service Book, as savouring too much of Protestantism; and the
Priest is simply required to “say this benediction—_The blood of our
Lord Jesus Christ, which was shed for thee, preserve thy body and soul
unto everlasting life._ Here the party receiving shall say, Amen.”

7. The fair linen cloth, with which the elements are covered, after
communicating, is called, in Laud’s book, the “corporall.”

8. Besides this, in the order for the communion, in Laud’s Liturgy, the
_Offertory_, which, it would appear, was almost wholly expunged, name
and thing, from the ancient copies of the English Liturgy, as having
been the Popish sacrifice for the quick and the dead; is introduced
in nearly all its former glory. Passages of Scripture, omitted in the
English book as identifying it with Jewish oblations, are restored; and
it was strongly suspected, from the Commentaries of Couzins, who openly
defended the practice, that prayers for the dead, and for the honour of
the saints, were insinuated under such expressions as, “We also bless
thy holy name for all those thy servants, who, having finished their
course in faith, do now rest from their labours—all thy saints, who
have been choice vessels of thy grace, and the lights of the world in
their several generations—most humbly beseeching that, at the day of
the general resurrection, we, and all they which are of the mystical
body of thy Son, may be set on his right hand,” &c, nothing like which
is to be found in the corresponding prayer in the English Liturgy.

Various other objectionable points, in the Service Book of 1637, are
noticed by Robert Baillie in his treatise “Ladensium Autokatakrisis,
the Canterburians Self-Conviction,” published without his name in 1640.
But the same writer has treated the subject at greater length, and in a
more learned and elaborate publication, entitled, “A Parallel or brief
Comparison betwixt our Scottish Booke and the Missal, the Breviarie,
and other Popish ritualls this day in use at Rome, according to the
Canons of Trent;” included in his MS. letters and journals, which are
now being printed by the Bannatyne Club. It is needless to add, that
the suspicions of the Covenanters, as to the intentions of Laud and his
Clergy, in the construction of the Service Book, to bring the Church
of England, as well that of Scotland, into closer conformity with the
Church of Rome, were greatly strengthened by the publications and
proceedings of the party in England, who wen carrying matters such a
length as to disgust and alarm the rational and sober portion of the
English Clergy. See, for example, Laud’s Consecration of St Catherine
Creed Church, which made a great noise at the time—Rushworth, vol.
ii, p. 76. See also Bennet’s Memorial of the Reformation p. 165, and
Neale’s History of the Puritans.

       *       *       *       *       *


  THE
  GENERAL ASSEMBLY,
  AT ST ANDREWS AND EDINBURGH, 1641.

In resuming our narrative of events connected with the Church of
Scotland, we may state, that Wentworth, (created Earl of Strafford in
the close of the preceding year,) was intrusted with the chief command
of the King’s forces to be employed against the Scotch; the Earl of
Northumberland, who was named General, being in a state of health
which did not admit of his taking the active charge of it. Strafford
had acquired the confidence of the King, by his zealous and energetic
services in Ireland, and proved the sincerity of his devotion to his
master’s cause, by subscribing £20,000 to the fund for carrying on the
war. Before adverting to the military movements of the English army, it
may be proper to notice those of the Scottish, who, on this occasion,
took steps in advance of their antagonists.

Early in the year 1640, (25th February,) a reinforcement of 300 men had
been sent into Edinburgh Castle, with large stores of munitions for its
defence, under General Ruthven, created Lord Ettrick. In May, however,
the Scottish Estates having mustered their forces in sufficient number,
beleaguered the Castle, and, in June and July, bombarded it with such
effect as ultimately to force its surrender. About the same time,
Argyle took the Castle of Airlie, and plundered all the tenantry on
the lands of Lord Ogilvie; scoured Athol, and apprehended the Earl,
and other leading men, whom he sent to prison; and levied most severe
contributions: and Monro carried terror into the north, by taking
prisoners a great number of persons disaffected to the Covenant at
Aberdeen, and by other severities; including, among the prisoners,
the Bishop of Moray, whose Castle of Spynie he seized and garrisoned.
He also took Strathbogie Castle, plundered the Marquis of Huntley’s
lands fearfully, and, on the 2d of Aug., “he marches to Banffe,” says
Balfour, “quher he playes the devill, and demolishes the Lord Banffes
house, which wes both fair and staitly, and an ornament to that pairt
of the Kingdome.”

Such were the preludes to the meeting of the General Assembly in the
north, which sat from the 28th of July till the 6th of August 1640,
in the midst of all these manifold desolations and ravages around
them. Meanwhile, the main army of the Covenanters was mustering in
Edinburgh, under old Leslie, as General; the Earl of Callander,
Lieutenant-General; Baillie, Major-General; Sir Alexander Hamilton,
General of Artillery; and Colonel John Leslie, Quartermaster-General.
Under the guidance of these commanders, and above a dozen of the
Nobility and their sons, and many experienced officers, the Scottish
army moved towards the Border. They returned to their old quarters at
Dunse Law, and, after about three weeks’ training and preparation, they
crossed the Tweed on the 20th or 21st of August.[257] thus deviating
from their former tactics, and assuming the aggressive course. Balfour
states it as consisting of 200 companies of foot, 4,000 cavalry, and
2,500 baggagers. We leave the pacific correspondence to be gleaned from
the documents annexed, and follow briefly the military operations.

The van of the Covenanters was led by Montrose, who was the first to
plunge into the river at Coldstream, at the head of his battalions—his
secret alienation from the cause of the Covenant not having yet been
discovered. In order to break the force of the current, and lessen its
pressure on the infantry who waded it, Sir Thomas Hope, the King’s
Lord Advocate, at the head of the College of Justice troop of cavalry,
passed the river a little above them; and, having forded the river
in two columns, (one of them a little below the other,) the Scottish
army entered England as open enemies of their King. They encamped that
night at Hirslaw, whence, next morning, they marched southwards, and
encamped on Misfield Moor, and in the adjacent villages. On the 22d
of August, they marched to Middleton Haugh, near Wooller, where they
were attacked by some of the King’s troops from Berwick; but these
were speedily repulsed, and some of them taken prisoners. Next day,
(23d,) being a Sunday, they moved to Branton Field, after sermon;
and, next day, encamped on a hill betwixt the new and old towns of
Eglingham or Eglintown. On the 25th, they marched from thence, and
encamped at Nether Wotten—on the 26th, at Criech—and, on the 27th, at
Newburn-upon-Tyne, about four miles west from Newcastle. It may here be
noticed, that, on entering England, the Covenanters published certain
“Considerations,” in justification of their expedition.[258]

Not expecting, perhaps, such decisive courses as the Covenanters had
now taken, the English levies were not yet fully prepared for the
rencontre. In the month of July, the army was quartered chiefly in
Yorkshire, on its route northward to Newcastle, where Lord Conway
had his headquarters. On the 15th of August, that officer, who was
General of the Cavalry, but at this time in the chief command, received
intelligence of the intentions of the Scotch, and immediately wrote in
great haste to Secretary Windebanke, warning the King of their certain
approach.[260] On the 20th, the King set out hurriedly from
London, in consequence of this information, and issued a proclamation
the very day the Scotch had entered England, declaring that “all those
of Scotland who have already entred, or hereafter shall presume to
enter in an hostile manner into any part of the kingdom of England, and
their adherents, assistants, and others, who shall supply them with
money, &c., shall be adjudged traitors against his Majesty, his crown
and dignity, and incur the penalties of high treason;” but declaring
that he would forgive them if they would return to obedience, “and
professeth it before God and the world, as often formerly and in his
late declaration he hath done, that he never did nor will hinder his
subjects of Scotland from the enjoying of their religion and liberties,
according to the ecclesiastical, civil, and municipal laws of that
kingdom, and according to his promise and their desires, subscribed by
themselves at the Pacification,”[259] &c. This proclamation just left
matters precisely as they stood, on a vague foundation, such as they
were under the pacification of the last year, but gave no sanction,
on the part of the King, to the sweeping enactments of the Estates in
Scotland; and it had no effect.

On the 27th of August, the King, as well as Strafford, being then at
York, exerting themselves to raise the requisite supplies of money, the
latter dispatched a pacquet of instructions to Conway at Newcastle,
the Scotch army being posted in its vicinity. Rushworth, the compiler
of the Historical Collections, accompanied the courier who bore the
pacquet, and he states that, on their arrival at Newcastle, they learnt
that Conway had gone to the army near Newburn, whither they immediately
went and found the General holding a Council of War with his Field
Officers, about half a mile from the troops. On opening his dispatches,
these contained orders to prepare the army for an engagement with the
Scotch; and while the Council was in deliberation, a herald arrived
“in all haste from the army, to acquaint the Lord Conway and Council
of War, that the army was already engaged with the Scots, which seemed
strange to them, because orders were given not to fight but upon the
defence; but the Council of War suddenly broke up and hastened to the
army.”[260]

When the Scotch army reached Newburn, on the 27th, a drummer had been
sent to the English cantonments with certain despatches, but was
driven back with them before reaching Newcastle; and the same evening
the Scotch pitched their tents on Heddon-Law, above Newburn, from
whence there was a declivity towards the river. During the night, they
set fires all around their camp, which gave it the appearance of a
vast extent; and, during the same night, a part of the King’s army,
consisting of 3000 foot and 1500 horse, was drawn up in a meadow on
the south side of the Tyne, called Newburn-Haugh, or Stella-Haugh, to
oppose the Scotch passing the river during the night. There were two
breastworks raised by the English, opposite to the two fords which the
Scotch might pass at low water; and in each of these sconces were 400
men, with four field pieces. During all that night and the following
day, the English troops were under arms, guarding the passage of the
river, until an engagement commenced in the following manner:—the
Scotch, having the vantage position, could see from their heights the
whole force and disposition of the English army, they planted cannon
in Newburn church steeple, and their infantry in the church, houses,
lanes, and hedges.

While the opposing hosts were thus watching each other, and preparing
for the fray, the horses from both armies were watered in the river
during the forenoon of the 28th, without molestation on either side.
But a Scotch officer, well mounted, with a feather in his hat, having
gone to the river to water his horse, an English soldier, who had
noticed that the officer eyed the sconces, fired upon and wounded him.
He fell from his horse; on which the Scotch Musqueteers opened a fire
on the English, and speedily the artillery on both sides, as well as
the musketry, was brought into full play.

The fight continued till the tide had ebbed, and the river was left
fordable; and, by this time, the Scotch cannon had made a breach in
one of the breastworks, and many of the English were killed. Finally,
notwithstanding the utmost efforts of the English officers, the men
threw down their arms and fled, being exhausted with unintermitted
service all the day and previous night, under arms and in the battle.
The Scotch commander, seeing from his height, this discomfiture of his
antagonists at one point, ordered a forlorn party of twenty-six, being
gentlemen of the College of Justice troop, to pass the river, which
they did rapidly, their orders being to discover the plight of the
other breast-work not yet silenced. But a brisk fire was kept up on it;
and at length the English were compelled to retreat from it also; on
which more cavalry, commanded by Sir Thomas Hope, and two regiments of
foot, commanded by Lords Crauford-Lindsey and Loudoun, waded through
the river. Simultaneously with this movement, Leslie opened a battery
on the English cavalry, exposed to the range of his guns; and speedily
a retreat was sounded. A portion of the cavalry attempted to cover the
retreat up Ritan and Stella Banks; but the Scotch having now passed
the ford in sufficient numbers, overpowered and took them prisoners.
The loss in this skirmish was inconsiderable—only about sixty of the
English having been killed, although, doubtless, many were wounded. The
accounts, however, on this point do not agree.

The English army effected its retreat to Newcastle; and at midnight
a council of war was held, when it was resolved that the whole army
should retreat to Durham, which it did next morning (29th) at five
o’clock, leaving Newcastle unprotected and open to the Scotch troops.
During the afternoon of that day, Douglas, Sheriff of Teviotdale, went
with a trumpet and some troops of cavalry to the gates of Newcastle,
demanding a surrender; and being threatened with some batteries of
ordnance, the Mayor, after some parly, opened the gates. “Next day,
being Sunday, fifteen [Scotch] Lords and Douglas came and dined with
the Mayor—drank a health to the King—had their sermons that day by
their own divines;” and on Monday, Leslie, pitched his camp on Gateside
hill, in the vicinity of Newcastle.[261]

Having thus obtained decisive success in their first enterprise, and
an advantageous position, the Scotch leaders availed themselves of
their victory, but with moderation. They agreed for supplies, which
they required, but gave money in part, and security for the balance.
Their occupation of Newcastle, however, and the retreat of the King’s
army, produced the greatest consternation. Of the ten thousand persons
employed in the coal mines, not a man was to be seen. Four or five
hundred vessels, employed in the coal trade, either sailed from the
river, or refrained from entering it, when they discovered the state
of matters; and for several days all the shops were shut, and many
families fled, leaving their houses and property at the mercy of the
Scotch. The panic spread to Durham, where the shops were all shut, and
not one house in ten was occupied by its possessors, who had fled for
safety. The English army continued its retreat from Durham towards
York. The Bishop and clergy of Durham, too, all fled; among whom was Dr
Balcanquell, who had no desire, it is to be presumed, to experience the
tender mercies of the Sheriff of Teviotdale and Lord Kirkcudbright, or
the spiritual consolations of “Master Andro Cant.”

The news of this defeat reached Strafford at Darlington the day after.
He was on his way to join the army before any engagement should take
place. But he now sent orders to the troops, in full retreat, to rally
and concentrate in Yorkshire. The King had, at that time, reached
Northallerton on his way to the army; but, on learning the unfortunate
issue of the first conflict, he immediately returned to York; and next
day Strafford issued an order to the soldiers to destroy all millstones
on their retreat.

When the Royal army was mustered at York, it was found to amount to
17,383; and, on the 31st of August, the King issued a summons to all
the Lords, spiritual and temporal, and other Nobles, to attend his
Majesty at York, and, the same day, issued an order to the Earl of
Craufurd to engage a hundred Scotch officers in his service.

On the 4th of September, his Majesty received a Petition from the
Commissioners of the late Parliament in Scotland, in a letter to the
Earl of Lanerick, to which an answer was next day returned;[262]
and, on the 7th, a writ was issued summoning a council of the Peers
at York, upon, the 24th of the month.[263] Upon the 8th, the Scotch
Commissioners sent a second letter to Lanerick; and, on the 9th, they
sent another to the Lord Mayor and Aldermen of London, setting forth
the objects and purposes of their expedition; and, about the same time,
the Earl of Essex and other Noblemen, and the Citizens of London,
also applied, by petition, to his Majesty to call a Parliament, which
last the Privy Council endeavoured, in vain, to quash. The purport of
all these documents, will be most satisfactorily seen in the writings
themselves;[264] and the result of the whole was, that the King
appointed Commissioners to meet others from the Scotch at Rippon, to
treat of peace, and called a Parliament for the 3d of November. The
negotiations were afterwards transferred to London; and the combined
movements of the English and Scottish malcontents ultimately ended
in a great revolution throughout the British empire, of which it is
difficult, even in later times, to predicate whether the evils or the
benefits preponderated.

The negotiations at Rippon commenced on the 1st of October, and, on
the 23d of that month, were transferred to London, that the English
Noblemen might attend the Parliament summoned to meet there, in the
beginning of November; and a cessation of hostilities was agreed
on.[265] It is needless here to enumerate all the points of treaty,
which were necessarily very numerous and complicated. From that affair,
therefore, we turn, for a brief space, to the proceedings in the Long
Parliament of England, which was opened by the King on the 3d of
November, and in which, the discontented party having a preponderance,
proceeded at once to the most decisive courses.

Strafford, by his energy and decision of character, although he had
governed Ireland for eight years with great advantage to the State,
became peculiarly obnoxious to the malcontents, English, Scottish,
and Irish, by reason of his devotion to the King’s service, and his
high talents and vigour. Whenever, therefore, he appeared in London,
a vehement and preconcerted attack was made upon him in the House of
Commons, on the 11th of November. Pym led on the attack, imputing it
to Strafford that he was one of the chief among those who had formed a
deliberate plan for changing the form of Government, and subverting the
ancient laws and liberties of the kingdom; and, after various elaborate
invectives, it was moved that he should be immediately impeached for
high treason. This motion was unanimously adopted, nor was even one man
found who had the moral courage to utter a word in his defence. The
impeachment was instantly voted and carried to the upper house, where
Strafford, who had just entered, unaware of what had been secretly
carried through in the other house, and who had come to London under
a royal guarantee that the Parliament should not touch a hair of his
head, was ordered into custody; and soon after Laud was similarly
treated, and, with Strafford, sent to the Tower.

It belongs to the History of England to trace these and other
proceedings of the Long Parliament to their issues; but one of the
immediate effects was a close alliance betwixt the leaders of the
Opposition and the Scottish Commissioners then in London, with whom
they made common cause against the King and his supporters. Rothes,
Loudoun, and other Scottish Statesmen, with an auxiliary force of
clergymen, availed themselves of this alliance; and, while in London,
busied themselves, not exclusively in effecting a favourable conclusion
to the treaty, but in preaching and intriguing for the subversion of
the English hierarchy and planting Presbytery in its stead; and they
joined their moiety of accusations against Strafford and Laud, before
the English Parliament, as incendiaries and prime causes of all their
own grievances. They were not inattentive, however, to the business
of their mission, and made various demands in the negotiations, of
very considerable importance:—That the Acts of the late Parliament of
Scotland should be ratified and published by the King; that public
incendiaries, who had excited hostilities betwixt the two kingdoms,
should be referred to the judgment of the respective Parliaments, and
not afterwards exempted from the punishments which might be awarded;
and these, with some subordinate matters about indemnification for
losses, &c., constituted the particulars for which they contended. To
these demands the King was, at length, (15th December,) constrained
to yield by the necessity of his circumstances; and thus his
favourite Episcopacy was not only overthrown in Scotland, but shaken
to its foundation in England; the royal prerogatives were virtually
relinquished; and the whole power of the State vested in the democratic
oligarchies of both kingdoms, under the guidance of aristocratical
leaders; and every man who had hazarded life and fortune, in what he
deemed a loyal adherence to his Sovereign, was thus delivered over to
the arbitrary power of these semi-republican Conventions. Among other
boons conferred on the Scottish by the English Parliament, was the sum
of £300,000 for “brotherly assistance”—a subsidy which was by many
understood, not merely as an indemnification for the expense of their
expeditions, but as a consideration, for similar instances of fraternal
aid, should the malcontent party in England require it on some future
occasion.[266]

The final pacification, however, was not concluded till the 7th of
August, 1641, when both armies were immediately disbanded; but during
the dependence of the treaty, the General Assembly, of the year 1641,
met at St Andrew’s, on Tuesday the 20th of July—John Earl of Weymes
being the King’s Commissioner. A deputation from the Parliament having
craved that its sittings should be transferred to Edinburgh, their
request was complied with; and an adjournment to that city, where its
next sederunt was appointed to be held on the 27th, took place. At
the adjourned meeting, Mr Alexander Henderson was once more chosen
Moderator.

We may just remark, that, during the protracted negotiations now
alluded to, the Scottish Commissioners and Ministers, in the moat
indecent manner, exerted themselves to overthrow the Church of England.
Henderson and Gillespie wrote and published tractates against it. They
openly approved of what was called the “Root and Branch Petition” of
the English nonconformists, and went the length of presenting to the
King a paper, in which they demanded “unity of religion and uniformity
of Church government”—in other words, the adoption of the Presbyterian
Covenant, and the coercive edicts for its adoption; thus violating
their duty as negotiators for the affairs of Scotland only, and
invading the rights and privileges of an independent nation; fostering
the spirit of intolerance and revolution; and propelling the movement
in which the Throne and both the Protestant Churches were, for many sad
years, involved in one common ruin.

This intrusion, by the Scotch Covenanters, into the internal affairs
of England, and their zealous exertions for the overthrow of its
ecclesiastical establishment, and the destruction of Strafford and
Laud, is one part of their conduct of which we have never seen any
tenable defence, and which, on every sound principle of international
law, was altogether unwarrantable, and incapable of justification.
Whatever be the relative merits of Episcopacy and Presbytery,
whatever the misdemeanours of Strafford, of Laud, or of other English
counsellors of the King—these were matters with which the Scottish
Commissioners, in their diplomatic character as the ambassadors of
Scotland, had no earthly warrant to intermeddle. Strafford and Laud
were the sworn Privy Councillors of England; and whether the advice
they gave in that capacity, or the services which they rendered to the
King, were, in the opinion of these Scotchmen, right or wrong—they were
responsible only to their Sovereign, and not amenable to the English
Parliament at the instance of any knot of foreigners, who had no title,
under any theory of the law of nations ever yet recognised, to impeach
men in such circumstances. The whole proceedings against Strafford were
an utter disgrace to the Parliament of England. He was not accused
of any single offence which subjected him, under the well-defined
law of England, to the penalties of high treason, wherewithal a bill
of attainder charged him; and the first principles of all civilized
jurisprudence were grossly outraged in the judgment by which,
although each item of imputed offence was found insufficient, yet, by
accumulating them all, they were _construed_ to amount to that crime.
But Strafford was a doomed man; the first victim of that reign of
terror which thus commenced—consigning to the scaffold a brave, loyal,
and splendid man, in violation of every principle of universe as well
as of municipal law—robbing the monarch of his brightest attribute—and
plunging the two kingdoms into the vortex of a fierce democracy, which
henceforward filled the land with tyranny and hypocricy under the mask
of Religion and Liberty. In the guilt of that foul judicial murder, the
leaders of the Scotch Covenanters were deeply implicated; and we record
the fact with shame and sorrow, upon grounds of historical evidence
which we believe cannot be shaken.

Before reprinting the Acts of Assembly 1641, it may be proper to note,
cursorily, the general proceedings of the previous year, which either
do not appear at all, or but partially, in the printed Acts of that
Assembly.

1. The greater part of the Assembly’s time was occupied in the
transportation of ministers, about which the patrons, presbyteries, and
parishes had many keen contests. Amongst others, Andro Cant was removed
from Newbottle to Aberdeen, and Robert Ramsay to Glasgow.

2. Rigorous proceedings were adopted against the Aberdeen Doctors
who had repudiated the Covenant. Dr Sibbald was deposed for alleged
heterodoxy and contumacy, and was ordained to be further proceeded
against, if he did not give speedy satisfaction. Doctors Forbes and
Scroggie were found guilty of Arminianism, &c., but were allowed a year
to repent; and a new Commission on the College was appointed.

3. Besides passing Acts against the profanation of the Sabbath,
witches, and idolatrous monuments, the Elders and Magistrates of Burghs
were directed to attend the Presbyteries of the Church, for the more
effectual enforcement of their decrees by the concurrence of civil
authority.

4. The controversy was agitated about Private Conventicles, of which
Baillie gives a minute account.[267]

       *       *       *       *       *

  THE PRINCIPALL ACTS
  OF THE GENERALL ASSEMBLY HOLDEN AT ST ANDREWS
  AND EDINBURGH, 1641.

Sess. I. 20 July 1641.

Iohn Earle of Weymes, His Majesties commissioner, presented His
Majesties Letter to the Assembly, whereof the tenor followeth.

CHARLES R.

Trustie and welbeloved, Wee greet you well. It is no small part of Our
Royall care and desires, that the true Reformed Religion, wherein by
the grace of God, We resolve to live and dye, be settled peaceably in
that Our ancient and native Kingdome of Scotland, and that the same be
truly taught, and universally received and professed by Our Subjects
there, of all degrees. For preventing of all division and trouble
hereafter, We did intend in Our Own Royall Person, to have been present
at this Assembly; but conceiving it to be unfitting, to detaine the
Ministers from their particular charges, till the time of Our coming
to the Parliament, We have resolved to make knowne unto you by these,
and by Our Commissioner, That in the approching Parliament, it is Our
intention by Our authority, to ratifie and confirm the Constitutions
of the late Assembly at Edinburgh, that they may be obeyed by all
Our Subjects living in that Our Kingdome. And that We will take into
Our Royall consideration, by what meanes the Churches belonging to
Our presentation, when any of them shall happen to vaik, may be best
provided with well qualified Preachers: Like as We are not unwilling
to grant presentations unto such as in these times of trouble have
entred into the Ministerie, providing they have been examined by the
Presbyteries, and approved by them: Because We want not Our own feares
of the decay of Learning in that Church and Kingdome, We intend also
to consider of the best meanes for helping the Schooles and Colledges
of Learning especially of Divinity, that there may be such a number
of Preachers there, as that each Parish having a Minister, and the
Gospel being preached in the most remote parts of the kingdome, all
Our Subjects may taste of Our care in that kinde, and have more and
more cause to blesse God that we are set over them. And, finally, so
tender is Our care, that it shall not be Our fault if the Churches and
Colledges there flourish not in Learning and Religion: For which Royall
testimonie of Our goodnesse, We require nothing upon your part, but
that which God hath bound you unto, even that you be faithfull in the
charge committed unto you, and care for the soules of the people: That
you study Peace and Unity amongst your selves, and amongst the people,
against all Schisme and Faction; and that you not only pray for Us, but
that you teach the People, which We trust are not unwilling to pay that
honour and obedience which they owe unto Us, as his Vicegerent set over
them, for their good; wherein We expect you will by your good example
goe before them. Which hoping you will doe, We bid you farewell. From
Our Court at Whitehall, the 10 day of July 1641.

       *       *       *       *       *

Sess. III. 28 July 1641.

_Act approving the Overtures of the Assembly at Aberdene, for ordering
the Assembly-House._

The Overtures for ordering the Assembly-House, given in to, and
approved by the Assembly of Aberdene the 29 July 1640, Act Sess. 2,
were openly read, and again approved by this Assembly, and ordained to
be kept the whole time thereof.

       *       *       *       *       *

Sess. V. 30 July 1641.

_Act anent old Ministers bruiking their Benefices._

The Assembly having considered the Supplication given in by Doctor
Robert Howie, Provest of the New Colledge of S. Andrews, whereby
he craved, that (notwithstanding of his dismission of his charge)
he should not be prejudged of his full provision and maintenance
during his life-time: The Assembly thinks it fit and necessary, that
his provision and maintenance should not be diminished, but that he
should injoy the same fully, as of before, during all the dayes of his
life-time, and craveth his dismission to be only but a cessation from
his charge, because of his age and inability: And declares, that old
Ministers and professors of Divinitie, shall not by their cessation
from their charge, through age and inabilitie, be put from injoying
their old maintenance and dignity. And recommends this and others the
like things, concerning the estate of that Universitie of S. Andrews,
to the Parliament, and the Visitation to be appointed from the Assembly
and Parliament. And likewise the Assembly being informed, that the said
Doctor Howie hath been very painfull in his charge, and that he hath
divers papers which would be very profitable for the Kirk: Therefore
they think fit, that the said Doctor Howie be desired to collect these
papers, which doeth concerne, and may be profitable for the use of
the Kirk, that the samine may be showne to the Visitors of the said
Universitie.

       *       *       *       *       *

Sess. VIII. 2 Aug. 1641, _à meridie_.

_Act against sudden receiving Ministers deposed._

The Assembly ordaines, that Ministers who are deposed either by
Presbyteries, Synods, or Generall Assemblies, or Committees from
Assemblies for the publike cause of the Reformation and order of this
Kirk, shall not be suddenly received againe to the Ministerie, till
they first evidence their repentance both before the Presbyterie and
Synod, within the bounds where they were deposed, and thereafter the
samine reported to the next ensuing Generall Assembly.

       *       *       *       *       *

Sess. IX. Aug. 3, 1641.

The Overtures under-written, concerning the Universities and Colledges
of this Kingdome, to be represented by the Generall Assembly to the
Kings Majesty and Parliament, being openly read, the Assembly approved
the saids Overtures, and ordained them to be recommended to the
Parliament.

First, because the good estate both of the Kirk and Commonwealth,
dependeth mainly upon the flourishing of Universities and Colledges,
as the Seminaries of both, which cannot be expected, unlesse the poore
meanes which they have, be helped, and sufficient revenues be provided
for them and the same well imployed: Therefore that out of the rents
of Prelacies, Collegiat or Chapter-Kirks, or such like, a sufficient
maintenance be provided for a competent number of Professors, Teachers,
and Bursers in all faculties, and especially in Divinitie, and for
upholding, repairing, and enlarging the Fabrick of the Colledges,
furnishing Libraries, and suchlike good uses in every Universitie and
Colledge.

II. Next for keeping of good order, preveening and removing of abuses,
and promoving of pietie and learning, it is very needful and expedient
that there be a communion and correspondence kept betwixt all the
Universities and Colledges. And therefore that it be ordained, that
there be a meeting once every year at such times and places as shall
be agreed upon, of Commissioners from every University and Colledge
to consult and determine upon the common affairs, and whatsoever may
concerne them, for the ends above-specified, and who also, or some of
their number, may represent what shall be needfull and expedient for
the same effect, to Parliaments and Generall Assemblies.

III. _Item_, that speciall care be had that the places of the
Professors, especially of Professors of Divinity in every University
and Colledge, be filled with the ablest men, and best affected to the
Reformation and order of this Kirk.

       *       *       *       *       *

Sess. X. Aug. 4, 1641.

_Act against Impiety and Schisme._

The Assembly seriously considering the present case and condition
of this Kirk and Kingdom, what great things the Lord hath done for
us, especially since the renewing of our Covenant, notwithstanding
our former backsliding and desertion; and if we shall either become
remisse in the dueties of Piety, or shall not constantly hold &
keep our Religion, unto which we have bound our selves so straitly
& solemnly, what dishonour we doe unto the name of God before men,
who have their eyes upon us, and how great judgements we bring upon
our selves, upon these and the like considerations, The Assembly
doth finde it most necessary to stirre up themselves, and to provoke
all others both Ministers and people of all degrees, not only to the
religious exercises of publike worship in the Congregation, and of
private worship in their Families, and of every one by themselves
apart, but also to the dueties of mutuall edification, by instruction,
admonition, exhorting one another to forwardnesse in Religion, and
comforting one another in whatsoever distresse; and that in all their
meetings, whither in the way of civill conversation, or by reason of
their particular callings, or any other occasion offered by divine
providence, no corrupt communication proceed out of their mouth,
but that which is good to the use of edifying, that it may minister
grace unto the hearers: And because the best means have been, and may
still be despised or abused, and particularly the duetie of mutuall
edification, which hath been so little in use, and so few know how
to practise in the right manner, may be upon the one part subject to
the mocking of ungodly and worldly men, who cannot endure that in
others which they are not willing to practise themselves, and upon
the other part, to many errors and abuses, to which the godly through
their weaknes may fall, or by the craftinesse of others may be drawn
into, such as are Error, Heresie, Schisme, Scandall, Self-conceit, and
despising of others, pressing above the common calling of Christians,
& usurping that which is proper to the Pastoral Vocation, contempt or
misregard of the publike means, idle and unprofitable questions which
edifie not, uncharitable censurings, neglect of duties in particular
callings, businesse in other mens Matters and Callings, and many such
others in doctrine, charity, and manners, which have dolefully rent the
bowels of other Kirks, to the great prejudice of the Gospel.

Therefore the Assembly, moved with the zeal of God against all abuses
and corruptions, and according to their manifold obligations, most
earnestly desiring and thirsting to promove the work of Reformation,
and to have the comfort & power of true godlinesse sensible to every
soul, and Religion to be universally practised in every Family, and
by every person at all occasions, Doth charge all the Ministers and
Members of this Kirk, whom they doe represent, that according to their
severall places and vocations, they endeavour to suppresse all impiety
and mocking of religious exercises, especially of such as put foule
aspersions, and factious or odious names upon the godly. And upon the
other part, that in the fear of God they be aware and spiritually wise,
that under the name and pretext of religious exercises, otherwayes
lawfull and necessary, they fall not into the aforesaid abuses;
especially, that they eschew all meetings which are apt to breed Error,
Scandall, Schisme, neglect of dueties and particular callings, and such
other evills as are the works, not of the spirit, but of the flesh, and
are contrary to truth and peace; and that the Presbyteries and Synods
have a care to take order with such as transgresse the one way or the
other.

       *       *       *       *       *

Sess. XIIII. 6 Aug. 1641, _à meridie_.

_Act anent Novations._

Since it hath pleased God to vouchsafe us the libertie of yearly
Generall Assemblies, It is ordained according to the Acts of the
Assembly at Edinburgh 1639, and at Aberdene 1640, that no Novation in
doctrine, worship, or government, be brought in, or practised in this
Kirk, unlesse it be first propounded, examined, and allowed in the
Generall Assembly, and that trangressors in this kinde be censured by
Presbyteries and Synods.

       *       *       *       *       *

Act Sess. XV. 7 Aug. 1641.

_Overtures anent Bursars and Expectants._

The Overtures under-written being openly read in audience of the
Assembly, were approved, and declared by them to be Acts of the
Assembly, in all time coming, to be observed _respectivè_, as the
samine bears.

I. The Assembly thinks meet for maintaining of Bursars of Divinitie,
that every Presbyterie that consists of twelve Ministers, shall
maintain a Bursar, and where the number is fewer nor twelve, shall
be joyned with these out of another Presbyterie where their number
exceeds: where this course is not already kept, it is to be begun
without longer delay, and every Provinciall is ordained to give
an accompt of their number of Bursars, that is constantly to be
entertained by their Province, at the next ensuing Generall Assembly.

II. No expectant shall be permitted to preach in publike before a
Congregation, till first he be tryed after the same manner, howbeit
not altogether with that accuracie which is injoyned by the Act of the
Assembly of Glasgow 1638, which prescribes the order and manner of
tryall, that is to be kept with these who are to be admitted to the
holy Ministrie: and none so tryed shall preach in publike, without the
bounds of the University or Presbyterie where he past his tryalls, till
he first make it known to the other Presbyteries, where he desires
to be heard, by a testimoniall from the Universitie or Presbyterie
where he lived, that he hath bin of an honest conversation, and past
his tryalls conform to the order here prescribed: Which being done in
the meeting of the Province or Presbyterie, where he desires to be
heard; he is to be allowed by them to preach within the bounds of that
Province or Presbyterie, without any further tryall to be taken of him.

III. Expectants being educate in a colledge that was corrupt, or under
a corrupt Minister, if they themselves have been known to have been
tainted with error, or opposite to our Covenant, and the blessed Work
of Reformation within this Kirk, the same order is to be kept in
admitting them to the holy Ministrie, or to any place in the Colledges
or Schooles of this Kingdome, that was ordained to be kept in admission
of these Ministers who fled out of the Countrey, and shew themselves
opposite to our Covenant and Reformation.

       *       *       *       *       *

Act Sess. XVII. Aug. 9, 1641.

_Act against unlawfull Bands._

The Assembly taking to their consideration the question proponed unto
them concerning the Band, the copy whereof was presented before them
from the Parliament, doth find and declare that Bands of this and
the like nature, may not lawfully be made: By which Declaration the
Assembly doth not intend to bring any censure for what is past, and by
the wisedome and care of the Committee of the Parliament is taken away,
upon any person, who being required by the Moderator and the Clerk,
shall under his hand declare before them, That as the Assembly doth
finde that the subscribers are not astricted by their Oath to the tenor
of the said Band, so he findeth himself not to be astricted by his Oath
to the tenor thereof; but the intention of the Assembly is meerly to
prevent the like in time coming.

       *       *       *       *       *

Sess. XVIII. 9 Aug. 1641, _à meridie_.

_A Letter from some Ministers in England to the Assemblie._

Right Reverend and dear Brethren now conveened in this Generall
Assembly.

Wee most heartily salute you in the Lord, rejoycing with you in his
unspeakable goodnesse, so miraculously prospering your late endeavours,
both for the restoring and settling of your own Liberties and
Priviledges, in Church and Commonwealth (which we heare and hope he is
now about to accomplish) as also for the occasioning and advancing of
the Worke of Reformation among our selves; for which as we daily blesse
the highest Lord, sole Author of all our good, so doe we acknowledge
your selves worthy Instruments thereof. And for that (besides all other
respects) doe, and ever shall (by the help of God) hold you deare unto
us, as our own bowels, and our selves obliged to render unto you all
due correspondence according to our power, upon all good occasions.

And now (deare Brethren) forasmuch as the Church of Christ is but one
body, each part whereof cannot but partake in the weale and woe of
the whole, and of each other part; and these Churches of England and
Scotland, may seem both to be imbarqued in the same bottome, to sink
and swim together, and are so near conjoyned by many strong tyes, not
only as fellow-members under the same Head, Christ, and fellow-subjects
under the same King; but also by such neighbour-hood and vicinity of
place that if any evill shall much infest the one, the other cannot bee
altogether free: or if for the present it should, yet in processe of
time it would sensibly suffer also. And forasmuch as evills are better
remedied in their first begining, then after they have once taken
deep root; therefore we whose names are here under-written, in the
behalf of our selves, and of many others, Ministers of the Church of
England, are bold to commend to your consideration (being met together
in this venerable Assembly) a difference of great concernment, which
you may please (in brief) thus to understand. Almighty God having
now of his infinite goodnesse, raised up our hopes of removing the
yoke of Episcopacie (under which we have so long groaned) sundry other
forms of Church-government are by sundry sorts of men projected, to
be set up in the roome thereof: one of which (amongst others) is of
some Brethren that hold the whole power of Church-government, and all
Acts thereunto appertaining (as Election, Ordination, and Deposition
of Officers, with Admission, Excommunication, and Absolution of
Members) are by divine Ordinance _in foro externo_, to be decreed by
the most voyces, in, and of every particular Congregation, which (say
they) is the utmost bound of a particular Church, endued with power
of government, and only some Formalities of solemne execution to be
reserved to the Officers (as servants of the saids Church) if they have
any, or if none, then to be performed by some other members, not in
office, whom the said Church shall appoint thereunto: And that every
of the said particular Congregations (whether they consist of few or
many members, and be furnished with Officers or not) lawfully may and
ought to transact, determine, and execute all matters pertaining to the
government of themselves, amongst and within themselves without any
authoritative (though not consulatory) concurrence or interposition of
any other persons or Churches whatsoever, condemning all imperative and
decisive power of Classes, or compound Presbyteries and Synods, as a
meere usurpation. Now because we conceive that your judgement in this
case may conduce much by the blessing of God, to the settling of this
question amongst us; Therefore we doe earnestly intreat the same at
your hands, and that so much the rather, because we sometimes hear from
those of the aforesaid judgment, that some famous and eminent Brethren,
even amongst your selves, doe somewhat encline unto an approbation of
that way of government. Thus humbly craving pardon for our boldnesse,
leaving the matter to your grave considerations, and expecting answer
at your convenient leasure, We commit you, and the successe of this
your meeting, to the blessing of the Almighty, in whom we shall ever
remain,

  Your faithfull Brethren to serve you
  in all offices of love.

  London, 12 July, 1641.


_The Assemblies Answer to the English Ministers Letter._

  Right reverend and dearly beloved Brethren in
  our Lord and common Saviour Jesus Christ.

Wee the Ministers and Elders met together in this Nationall Assembly,
were not a little refreshed and comforted by the good report which we
heard of you, and others of our Brethren of the Kirk of England, by
some of our Ministers who, by the good providence of our Lord, had
seen your faces and conversed with you. But now yet more comforted by
your Letters which we received, and which were read in the face of the
Assembly, witnessing your Christian love, and rejoycing with us in God
for his great and wonderfull Work in the Reformation of this Kirk, and
in the beginning of a blessed Reformation amongst your selves, and
that you are so sensible of your communion and fellowship with us, and
to desire to know our minde and judgement of that which some Brethren
amongst you hold, concerning Kirk-government.

We doe with our hearts acknowledge and wonder at the great and
unspeakable wisedome, mercie, and power of our God, in restoring unto
us the truth and puritie of Religion, after many Back slidings and
defection of some in this Kirk, and desire not only to confesse the
same before the world, and all other Christian Kirkes, but also doe
pray for grace to walk worthy of so wonderfull a love: We have been
helped by your prayers, in our weak endeavours, and you have mourned
with us (we know) in the dayes of our mourning; and therefore is it
that you doe now rejoyce and praise God with us: Neither are we out
of hope, but the same God shall speedily perfect that which he hath
begun amongst you, that your joy may be full: which is the desire
of our soule, and for which we doe now pray, and in our severall
Congregations will be instant at the throne of grace, for this and all
other spirituall and temporall blessings upon the Kirk and Kingdome
of England, by name, expecting the like performance of mutuall love
from you, and others equally minded with you, for your parts, till
a common consent may be obtained, even that you will recommend the
Kirk of Scotland, by name, in your prayers to God. Thus shall we be
as one people, mourning and rejoycing, praying and praising together;
which may be one meane of the preservation of Unity, and of many other
blessings to us both.

We have learned by long experience, ever since the time of Reformation,
and specially after the two Kingdomes have been (in the great goodnesse
of God to both) united under one Head and Monarch, but most of all of
late, which is not unknown to you, what danger and contagion in matters
of Kirk-government, of divine worship, and of doctrine, may come from
the one Kirk to the other, which beside all other reasons, make us to
pray to God, and to desire you, and all that love the honour of Christ,
and the peace of these Kirks and Kingdomes, heartily to endeavour, that
there might be in both Kirks, one Confession, one Directory for publike
worship, one Catechisme, and one Forme of Kirk-government. And if the
Lord who hath done great things for us, shall be pleased to hearken
unto our desires, and to accept of our endeavours, we shall not only
have a sure foundation for a durable Peace, but shall be strong in God,
against the rising or spreading of Heresie and Schisme amongst our
selves, and of invasion from forraine enemies.

Concerning the different Formes of Kirk-government, projected by
sundrie sorts of men, to be set up in place of Episcopall Hierarchie,
which we trust is brought near unto its period, we must confesse, that
we are not a little grieved that any godly Ministers and Brethren
should be found, who doe not agree with other Reformed Kirks in
the point of government as well as in the matter of Doctrine and
Worship; and that we want not our own feares, that where the hedge of
Discipline and Government is different, the Doctrine and Worship shall
not long continue the same without change: yet doe not marvell much,
that particular Kirks and Congregations which live in such places,
as that they can conveniently have no dependencie upon superiour
Assemblies, should stand for a kind of independencie and supremacie
in themselves, they not considering that in a Nation or Kingdome,
professing the same Religion, the government of the Kirk by compound
Presbyteries and Synods is a help and strength, and not a hinderance
or prejudice to particular Congregations and Elderships, in all the
parts of Kirk-government; and that Presbyteries and Synods are not an
extrinsecall power set over particular Kirks, like unto Episcopall
dominion, they being no more to be reputed extrinsecall unto the
particular Kirks, nor the power of a Parliament, or Convention of
Estates, where the Shires and Cities have their own Delegates, is to be
held extrinsecall to any particular Shire or City.

Our unanimous judgement and uniforme practice is, that according to the
order of the Reformed Kirks, and the ordinance of God in his Word, not
onely the solemne execution of Ecclesiasticall power and authoritie,
but the whole acts and exercise thereof, do properly belong unto the
Officers of the Kirk; yet so that in matters of chiefest importance,
the tacite consent of the Congregation be had, before their decrees
and sentences receive finall execution, and that the Officers of a
particular Congregation may not exercise this power independently, but
with subordination unto greater Presbyteries and Synods, Provinciall
and Nationall; which as they are representative of the particular
Kirks conjoyned together in one under their government; so their
determination, when they proceed orderly, whether in causes common
to all, or many of the Kirks, or in causes brought before them by
appellations or references from the inferiour, in the case of aberation
of the inferiour, is to the severall Congregations authoritative and
obligatorie, and not consultatory only: And this dependencie and
subordination, we conceive not only to be warranted by the light of
nature, which doth direct the Kirk in such things as are common to
other societies, or to be a prudentiall way for Reformation, and for
the preservation of Truth and Peace, against Schisme, Heresie, and
Tyranny, which is the sweet fruits of this government wheresoever it
hath place, and which we have found in ancient and late experience; but
also to be grounded upon the Word of God, and to be conforme to the
paterne of the Primitive and Apostolicall Kirks; and without which,
neither could the Kirks in this Kingdom have been reformed, nor were we
able for any time to preserve Truth and Unity amongst us.

In this forme of Kirk-government, our unanimity and harmony by the
mercy of God, is so full and perfect, that all the Members of this
Assembly have declared themselves to be of one heart, and of one soule,
and to be no lesse perswaded, that it is of God, then that Episcopall
government is of men; resolving by the grace of God, to hold the same
constantly all the dayes of our life, and heartily wishing that God
would blesse all the Christian Kirks, especially the famous Kirk of
England, unto which in all other respects we are so nearly joyned with
this divine Forme of government. Thus having briefly and plainly given
our judgement for your satisfaction, and desiring and hoping that ye
will beleeve against all mis-reports, that we know not so much as one
man, more or lesse eminent amongst us, of a different judgement, we
commend you unto the riches of the grace of Christ, who will perfect
that which he hath begun amongst you, to your unspeakable comfort.
Subscribed by our Moderator and Clerk.

Edinburgh, 9 Aug. 1641.


_The Assemblies Answer to the Kings Majesties Letter_.

  MOST GRACIOUS SOVERAIGN,

Beside the conscience of that duetie which we owe to supreme Authority,
we are not only encouraged, but confirmed by the Royall favour and
Princely munificence, expressed in Your gracious Majesties Letters,
which filled our hearts with joy, and our mouths with praise, to
offer up our prayers with the greater fervencie to God Almightie for
Your Majesties happinesse, our selves for our own parts, and for the
whole Kirks of this your Majesties Kingdome, which we doe represent,
to serve Your Majestie in all humble obedience, our faithfull labours
for preserving Trueth and Peace amongst all Your Majesties Subjects,
and our example (according to Your Majesties just commandments laid
upon us) to be a presedent to others in paying that honour, which by
all Lawes divine and humane, is due unto Your sacred Majestie, being
confident that your Majestie shall finde at your coming hither much
more satisfaction and content than can be expressed by

  Your Majesties most humble Subjects and
  faithfull servants, the Ministers and Elders
  met together in the venerable Assembly
  at S. Andrews, July 20, and Edinburgh,
  July 27, 1641.


_Act anent the Kirk of Campheir._

The which day a motion was made in the Assembly, that it seemed
expedient for correspondence that might be had from forraigne parts,
for the weal of this Kirk, That the Scots Kirk at Campheir were joyned
to the Kirk of Scotland, as a Member thereof: Which being seriously
thought upon and considered by the Assembly, they approved the motion,
and ordained M. Robert Baillie Minister at Cilwinning, to write to M.
William Spang Minister at Campheir, and Kirk Session thereof, willing
them to send their Minister, and a ruling Elder, instructed with a
Commission to the next Generall Assembly to be holden at S. Andrews,
the last Wednesday of July 1642, at which time they should be inrolled
in the Books of the Generall Assembly, as Commissioners of the Generall
Assembly of Scotland, from the Scots Kirk at Campheir.

       *       *       *       *       *

The Assembly appoints the next Generall Assembly to be holden at S.
Andrews, the last Wednesday of July next 1642.

FINIS.

       *       *       *       *       *

  INDEX _of the_ PRINCIPALL ACTS _of the_ ASSEMBLY
  _holden at_ S. ANDREWS _and_ EDINBURGH, 1641.
  _Not Printed._

1.—His Majesties Commission to Iohn Earle of Weemes.

2.—A Letter from the Parliament to the Generall Assembly.

3.—Act anent the continuation of M. Andrew Ramsay Moderator.

4.—His Majesties Letter to the Assembly.

5.—Act anent the translation of the Assembly from S. Andrews to
Edinburgh.

6.—Election of M. Alex. Henderson Moderator.

7.—Declaration of the Assemb. anent the translation thereof to
Edinburgh.

8.—Act for drawing up one Catechisme, one Confession of Faith,
Directory of publike worship and form of Kirk-government.

9.—Act anent M. Andrew Ramsays delivery to the Clerk the Books,
Warnesins Book, and others, which he received at Aberdene.

10.—Overtures anent transportation of Ministers, and plantation of
Schooles, recommended to be advised by Synods.

11.—Ref. to the Parl. anent the Kirks of Dunkeld.

12.—Act anent M. David Calderwood.

13.—Commis. anent erecting a Presb. in Biggar.

14.—Com. for visitation of Orknay and Zetland.

15.—Act anent bringing of the Synode Books to the Assemblies.

16.—Ref. from the Parl. anent a Band and a Paper called a Manifesto.

17.—Act anent the deleting of the E. of Traquairs Declaration out of
the Books of Secret Councell.

18.—Report of Overtures made anent the Plantation of Kirks in the
High-lands.

19.—Commission for visitation of the Universitie of S. Andrews.

20.—Commis. for Visitation of the Universitie of Glasgow.

21.—Commis. to attend the Parliament.

22.—Ref. to that Commis. anent the Presb. of Sky.




=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1640-41.

1640.—August 15.


1. _Letter from Lord Conway to Secretary Windebanke, announcing the
Approach of the Scotch Army_.[268]

  MR SECRETARY,

My time is very short. I now received your Letter. I have within these
two hours word brought to me, [I pray you tell my Lord of Canterbury,
that it is by that man I did write last to him, that I have sent into
Scotland and gave him sixteen pounds,] that the Scotch Army, as he doth
assure me upon his life, and bids me hang him if it be not so, will
upon Munday or Tuesday next come into England, that they will upon
Saturday be before this Town, which they say they will take or here be
broken, from hence they intend to go to Yorkshire, &c.

  Your most humble servant,

  CONWAY AND KILULTA.

  Newcastle Aug. 15,
  1640.


1640.—August 21.

2. _Six Considerations of the Lawfulness of their Expedition into
England, manifested_.[269]

As, from the beginning till this time, we have attempted nothing
presumptuously in this great work of Reformation, but have proceeded
upon good grounds, and have been led forward by the good hand of God;
so now, from our own perswasion, are we ready to answer every one that
asketh us a reason of this our present expedition, which is one of
the greatest and most notable parts of this wonderful work of God,
beseeching all to lift up their minds above their own particulars, and,
without prejudice or partiality, to lay to heart the Considerations
following:—

First, As all men know and confess what is the great force of
necessity, and how it doth justifie actions otherways unwarrantable,
so it cannot be denyed but we must either seek our peace in England at
this time, or lye under the heavy burdens which we are not able to bear.

1. We must maintain Armies on the Borders, and all places nearest to
hazard, for the defence and preservation of our Countrey, which, by
laying down of Armes, and disbanding of our Forces, should be quickly
over-run by hostile invasion and the incursions of our enemies.

2. We shall want trade by Sea, which would not only deprive the
Kingdom of many necessaries, but utterly undo our Boroughs, Merchants,
Mariners, and many others who live by Fishing, and by Commodities
Exported and Imported, and whose particular callings are utterly made
void, by want of Commerce with other Nations and Sea-trade.

3. The Subjects through the whole Kingdom shall want administration
of Justice; and although this time past the marvellous power and
providence of God hath kept the Kingdom in order and quietness, without
any Judicatories sitting, yet cannot this be expected for afterward,
but shall turn to confusion. Any one of the three, much more all of
them put together, threaten us with most certain ruine, unless we
speedily use the remedy of this Expedition. And this we say not from
fear, but from feeling: for we have already felt to our unspeakable
prejudice, [what it is to maintain Armies, what to want traffick, what
to want administration of Justice.] And if the beginning of these evils
be so heavy, what shall the growth and long continuance of them prove
unto us? So miserable a being all men would judge to be worse than no
being.

Secondly, If we consider the nature and quality of this Expedition, it
is defensive, and so the more justifiable. For proof hereof, let it be
remembered—

1. The Kings Majesty, misled by the crafty and cruel faction of
our Adversaries, began this years war, not we. When Articles of
Pacification had been the other year agreed upon, Armies laid down,
Forts and Castles rendered, an Assembly kept, and concluded with the
presence and consent of his Majesties High Commissioner, the promised
Ratification thereof in Parliament (contrary to the foresaid Articles)
was denyed unto us, and when we would have informed his Majesty by
our Commissioners, of the reasons and manner of our proceedings, they
got not so much as presence or audience. Thereafter his Majesty being
content to hear them, before that they came to Court or were heard,
War was concluded against us at the Council Table of England, and a
Commission given to the Earl of Northumberland for that effect.

1. The Parliaments of Ireland and England were also convocate, for
granting subsidies unto this war against us, as is notoure, Plots have
been hatcht, and military preparations made against us: many invasions
by Sea, which have spoiled us of our ships and goods; men, women, and
children killed in Edinburgh by his Majesties Forces in the Castle:
Our enemies therefore are the authors and beginners of the War, and we
defenders only.

2. We intend not the hurt of others, but our own peace and
preservation, neither are we to offer any injury or violence: And
therefore have furnished our selves according to our power with all
necessaries, not to fight at all, except we be forced to it in our own
defence, as our Declaration beareth.

3. We shall retire and lay downe Armes, as soon as we shall get a sure
peace, and shall be satisfied in our just demands. Upon which ground
even some of those who would seem the greatest Royalists, hold the
Wars of the Protestants in France against the King, and the factions
of the Guisians, to have been lawful defensive Wars, because they were
ever ready to disband and quiet themselves, when they got assurance of
peace and liberty of Religion. Now this present Expedition being in the
nature of it defensive, hence it appeareth that it is not contrary, but
consonant to our former Protestations, Informations and Remonstrances:
In all which there is not one word against defensive War in this cause;
but strong reasons for it, all which militate for this expedition.

Our first information sent to England this year, though it accurseth
all offensive or invasive war, yet sheweth plainly, that if we be
invaded either by Sea or Land, we must do as a man that fighteth
himself out of prison. If a private man when his house is blocked up,
so that he can have no liberty of Commerce and Traffick to supply
himself and family, being also in continual hazard of his life, not
knowing when he shall be assaulted by his Enemies who lye in wait
against him, may in this case most lawfully step forth with the Forces
which he can make, and fight himself free, of how much more worth is
the whole Nation? and how shall one and the same way of defence and
liberation be allowed to a private man, and disallowed to a whole
Nation?

Thirdly, We are called to this Expedition by that same divine
providence and vocation which hath guided us hitherto in this great
business. We see the expediency of it, for the glory of God, for the
good of the Church, for advancing the Gospell, for our own peace: after
seeking of God, and begging light and direction from Heaven, our hearts
are inclined to it, God hath given us zeal and courage to prosecute
it, ability and opportunity for undertaking it, unanimous Resolution
upon it, scruples removed out of minds where they were harboured,
encouragements to atchieve it from many passages of divine providence,
and namely from the proceedings of the last Parliament in England,
their grievances and desires being so homogeneal and akin to ours, we
have laboured in great long-suffering by Supplications, Informations,
Commissions, and all other means possible, to avoid this Expedition. It
was not premeditate nor affected by us (God knows) but our enemies have
necessitated and redacted us unto it, and that of purpose to sow the
seeds of National Quarrels; yet as God hitherto hath turned all their
plots against themselves, and to effects quite contrary to those that
they intended; so are we hopeful that our coming into England (so much
wished and desired by our adversaries for producing a National quarrel)
shall so far disappoint them of their aymes, that it shall link the
two Nations together in straiter and stronger bonds, both of Civil and
Christian love, than ever before.

And that we may see yet further evidences of a calling from God to this
voyage, we may observe the order of the Lords steps and proceedings
in this work of Reformation. For, beginning at the gross Popery of
the Service Book, and Book of Canons, he hath followed the back trade
of our defection, till he hath Reformed the very first and smallest
Novations, which entered in this Church. But so it is, that this back
trade leadeth yet further, to the Prelacy in England, the fountain
whence all those Babylonish streams issue unto us: The Lord therefore
is still on the back trade, and we following him therein, cannot yet
be at a stay. Yea, we trust, that he shall so follow forth this trade,
as to chase home the Beast, and the false Prophet to Rome, and from
Rome out of the world. Besides, this third Consideration resulteth
from the former two; for if this Expedition be necessary, and if it be
defensive, then it followeth inevitably, that we are called unto it,
for our necessary defence is warranted, yea commanded by the Law of God
and Nature, and we are obliged to it in our Covenant.

Fourthly, The lawfulness of this Expedition appeareth, if we consider
the party against whom, which is not the Kingdom of England, but
the Canterburian faction of Papists, Atheists, Arminians, Prelates,
the misleaders of the Kings Majesty, and the Common Enemies of both
Kingdoms. We perswade our selves, that our Brethren and Neighbours
in England, will never be so evil advised, as to make themselves a
party against us, by their defence and patrociny of our Enemies among
them, as sometimes the Benjamites made themselves a party against
the Israelites, by defending the Gibeathites in their wicked cause,
_Judg._ 20. We pray God to give them the wisdom of the wise Woman in
Abel, who when Joab came near to her City with an Army, found out a
way which both kept Joab from being an Enemy to the City, and the City
from being an Enemy to him, 2 _Sam._ 20. As touching the provision and
furniture of our Army in England, it shall be such as is used among
friends, not among enemies. The rule of humanity and gratitude will
teach them to furnish us with necessaries, when as beside the procuring
of our own peace, we do good offices to them. They detest (we know)
the churlishness of Nabal, who refused victuals to David and his men,
who had done them good, and no evil, 1 _Sam._ 20. And the inhumanity
of the men of Succoth and Penuel, who denyed bread to Gideons Army,
when he was pursuing the Common Enemies of all Israel, _Judg._ 8. But
let the English do of their benevolence, what humanity and discretion
will teach them; For our own part our Declaration sheweth, that we
seek not victuals for nought, but for money or security: And if this
should be refused (which we shall never expect) it were as damnable
as the barbarous cruelty of Edom and Moab, who refused to let Israel
pass through their Countrey, or to give them bread and water in any
case, _Numb._ 20. _Judg._ 11. and this offence the Lord accounted so
inexpiable, that for it he accursed the Edomites and Moabites from
entering into the Congregation of the Lord, unto the tenth Generation,
_Deut._ 23. 3, 4.

Fifthly, The fifth Consideration concerneth the end for which this
Voyage is undertaken. We have attested the Searcher of Hearts, It is
not to execute any disloyal act against his Majesty, It is not to put
forth a cruel or vindictive hand against our Adversaries in England,
whom we desire only to be Judged and Censured by their own Honourable
and High Court of Parliament; It is not to enrich our selves with the
Wealth of England, nor to do any harm thereto. But by the contrary, we
shall gladly bestow our pains and our means to do them all the good
we can, which they might justly look for at our hands, for the help
which they made us at our Reformation, in freeing us from the French,
a bond of peace and love betwixt them and us to all generations.
Our Conscience, and God who is greater than our Conscience, beareth
us record that we aim altogether at the glory of God, peace of both
Nations, and honour of the King, in suppressing and punishing (in a
legal way) of those who are the troublers of Israel the firebrands of
Hell, the Korhas, the Baalams, the Doegs, the Rabshakahs, the Hamans,
the Tobiahs and Sanballats of our time, which done, we are satisfied.
Neither have we begun to use a military Expedition to England, as a
mean for compassing those our pious ends, till all other means which
we could think upon have failed us, and this alone is left to us as
_ultimum & unicum remedium_, the last and only remedy.

Sixthly, If the Lord shall bless us in this our expedition, and our
intentions shall not be crossed by our own sins and miscarriage,
or by the opposition of the English, the fruits shall be sweet,
and the effects comfortable to both Nations, to the Posterity, and
to the Reformed Kirk abroad: Scotland shall be Reformed as at the
beginning, the Reformation of England long prayed and pleaded for
the Godly thereby shall be according to their wishes and desires,
perfected in Doctrine, Worship and Discipline. Papists, Prelates, and
all the members of the Antichristian Hierarchy, with their Idolatry,
Superstition, and humane Inventions shall pack from hence, the names of
Sects and Separatists shall no more be mentioned, and the Lord shall
be one, and his name one throughout the whole Island, which shall be
glory to God, honour to the King, Joy to the Kingdoms, comfort to the
posterity, example to other Christian Kirks, and Confusion to the
incorrigible Enemies.


1640.—September 2.

3. _Letter from the Commissioners of the late Parliament in Scotland to
the Earl of Lanerick, and Petition therewith sent._[270]

  NOBLE LORD,

As we have ever professed and declared, as well by our Words as
Actions, that the Grounds of our Desires are, and ever shall be the
redress of Wrongs and reparations of our Losses, and that we will never
leave off in all humility to Supplicate His Majesty for the same, so
this hath moved us now, being come this length, yet again humbly to
Petition His Majesty to take our Case to Consideration, and grant our
Desires. We are debarred from sending or carrying our Supplications in
the ordinary way, which makes us have our Address to your Lordship,
intreating your Lordship in our names to present this our Petition
herein inclosed to His Majesty, and in all humility to beg an Answer
thereunto, to be sent with the Bearer to us, who shall ever endeavour
to approve ourselves His Majesties Loyal Subjects, and most unwilling
to shed any Christian blood, far less the English; whereof we have
given very good prooff by our bygone Carriage to every one who hath
with Violence opposed us, yea, even to those who entred in Blood with
us, and were taken prisoners, whom we have let go with Meat and Money,
notwithstanding that all those of ours, who did but deboar’d from
their Quarters, are miserably massacred by these whom we can tearm no
otherwise than Cut-throats. Our behaviour to these in New-Castle can
witness our Intention, which is to live at peace with all, and rather
to suffer then to offend. We bought all with our money, and they have
extortioned us to the triple value: the Panick fear made most of them
leave the Town, and stop their own Trade; but we have studied to solve
their doubts. As all our Actions shall ever tend to that which is Just
and Right; so we could wish, they were interpreted to a true sense;
and whatever may be the event of business, we hope the blame shall not
lie upon

  Your Lordships affectionate

  Friends to serve you.

  Leager beside New-Castle,
  2ᵈ September, 1640.

  _Signed,_

  Rothes,
  Cassilis,
  Dumfermline,
  Lindsay,
  Lowdon,
  Napier,
  Tho. Hope,
  W. Richarton,
  J. Swith,
  P. Hepburn.
  D. Hoom,
  Keir,
  Ja. Sword,
  J. Rutherford.

POSTSCRIPT.—We intreat Your Lordship to let the Bearer have a Pass for
his safe Return to us.

       *       *       *       *       *

  _To the Kings Most Excellent Majesty, The Humble Petition of the
  Commissioners of the late Parliament, and others of His Majesties
  Loyal Subjects of the Kingdom of Scotland._

Humbly Sheweth,

That Whereas after our many Sufferings the time past, extreme necessity
hath constrained us for our Relief, and obtaining our Humble and Just
Desires, to come into England, where according to our Intentions
formerly declared, we have in all our Journey lived upon our own Means
and Victuals, and Goods brought a-long with us, and neither troubling
the Peace of the Kingdom, nor harming any of Your Majesties Subjects
of whatsoever quality in their Persons or Goods, but have carried our
selves in a most peaceable manner, till we were pressed by strength of
Arms, to put such Forces out of the way, as did without our deserving,
and (as some of them have at the point of death confessed) against
their own Conscience, opposed our peaceable passage at Newburn on Tine,
and have brought their Blood upon their own Heads, against our purposes
and desires expressed in our Letters, sent unto them at New-Castle, for
preventing the like, or greater Inconveniences. And that we may without
farther opposition come into Your Majesties Presence, for obtaining
from Your Majesties Justice and Goodness satisfaction to our just
Demands, we, Your Majesties most Humble and Loyal Subjects, do still
insist in that submiss way of Petitioning, which we have keeped since
the beginning, and from which no provocation of Your Majesties Enemies
and ours, no adversity that we have before sustained, nor prosperous
success that can befall us be able to divert our minds.

Most humbly entreating, That Your Majesty would in the depth of Your
Royal Wisdom, consider at last our pressing Grievances, provide for the
Repairing of our wrongs and losses, and with the advice and consent of
the Estates of the Kingdom of England convened in Parliament, settle a
firm and durable Peace, against all Invasion by Sea or Land, that we
may with chearfulness of heart pay unto Your Majesty, as our Native
King, all Duty and Obedience that can be expected from Loyal Subjects,
and that (against the many and great Evils, which at this time threaten
both Kingdoms, whereat all Your Majesties Good and Loving Subjects
tremble to think, and which we beseech God Almighty in mercy timeously
to avert) Your Majesties Throne may be established in the midst of us,
in Religion and Righteousness; and Your Majesties Gracious Answer we
humbly desire, and earnestly wait for.


1640.—September 5.

4. _The King’s Answer to the above Petition, dated at His Majestie’s
Court at York, the 5th of September 1640._[271]

His Majesty hath seen and considered this Petition, and is Graciously
pleased to return this Answer by me, that he finds it in such general
terms, that till you express the Particulars of your Desires, His
Majesty can give no direct Answer; therefore His Majesty requires
that you set down the Particulars of your Demands with expedition, he
having been always willing to hear and redress the Grievances of His
People: and for the more mature Deliberation of these great Affairs,
His Majesty hath already given out Summons for the meeting of the Peers
of the Kingdom in the City of York upon the 24ᵗʰ of this Month, that
so with the advice of the Peers you may receive such Answer to your
Petition, as shall most tend to His Honour, and the Peace and Wellfare
of His Dominions. And in the mean time (if Peace be that you desire as
you pretend) He expects, and by these His Majesty commands, that you
advance no further with your Army to these parts; which is the only
means that is left for the present to preserve Peace betwixt the two
Nations, and to bring these unhappy Differences to a Reconciliation,
which none is more desirous of than His most Sacred Majesty.

  _Signed,_

  LANERICK.


1640.—September 8.

5. _Letter from the Covenanters to the Earl of Lanerick._[272]

  RIGHT HONOURABLE,

As nothing in Earth is more desired of us than His Majesties favour, so
doth nothing delight us more than that His Majesty beginneth again to
hearken to our Humble Desires, wherein we trust nothing shall be found
but what may serve for His Majesties Honour and for the Peace of His
Dominions. The Particulars we would have expressed, but that they are
contained in the Conclusions of the late Parliament, and our Printed
Declarations, which were sent to your Lordship; but in case the Papers
be not by your Lordship, we now summarily repeat them.

That His Majesty would be Graciously pleased to command, that the
last Acts of Parliament may be published in his Highness’s Name, as
our Soveraign Lord, with the Estates of Parliament convened by His
Majesties Authority; Next, That the Castle of Edinburgh, and other
strengths of the Kingdom of Scotland, may, according to the first
foundation, be furnished and used for our Defence and Security;
Thirdly, That our Countrymen in his Majesties Dominions of England
and Ireland may be free from Censure for subscribing the Covenant,
and be no more pressed with Oaths and Subscriptions unwarranted by
our Laws, and contrary to their National Oath and Covenant approved
by His Majesty; Fourthly, That the Common Incendiaries, who have been
the Authors of this Combustion in His Majesties Dominions, may receive
their Just Censure; Fifthly, That our Ships and our Goods, with all
the Damage thereof, may be restored; Sixthly, That the Wrongs, Losses,
and Charges, which at this time we have sustained, may be repayed;
Seventhly, That the Declarations made against us as Traytors may be
recalled, and in end, by advice and consent of the Estates of England
convened in Parliament, His Majesty may be pleased to remove the
Garrisons from the Borders, and any Impediment that may stop free
Trade, and with their advice may condescend to all Particulars, which
may establish a stable and well-grounded Peace, for enjoying of our
Religion and Liberties, against all fears of molestation and undoing
from year to year, as our Adversaries shall take the advantage. This
Royal testimony of His Majesties Justice and Goodness, we would esteem
to be doubled upon us, were it speedily bestowed, and therefore must
crave leave to regrate, that His Majesties Pleasure concerning the
Meeting of the Peers the 24ᵗʰ of this Instant, will make the time long
ere the Parliament be convened, which is conceived to be the only mean
of settling both Nations in a firm Peace, and which we desire may
be seriously represented to His Majesties Royal thoughts; the more
this time is abridged, the more able will we be to obey His Majesties
Prohibition of not advancing with our Arms, Our Actions, and whole
comportment since the beginning of these Commotions, and especially of
late since our coming into England, are Real Declarations of our love,
and desire of Peace: nothing but invincible necessity hath brought us
from our Country to this Place, no other thing shall draw us beyond
the limits appointed by His Majesty; which we trust His Majesty will
consider of, and wherein we hope your Lordship will labour to be a
profitable Instrument for the Kings Honour, the Good of your Country,
and of

  Your Lordships humble Servants,
  and affectionate Friends,

  Scots-Leager at New-Castle,
  Sept. 8ᵗʰ 1640.

  A. Lesly,
  Rothes,
  Cassils,
  Montrose,
  Dumfermline,
  Lindsay,
  Lowdon,
  Napier.
  Tho. Hope,
  W. Rickartoun,
  J. Smith,
  P. Hepburn,
  D. Home,
  Keir,
  Ja. Sword.


1640.—September 24.

6. _Letter from the Earl of Lanerick appointing a Treaty._[273]

  MY LORDS,

According to His Majesties appointment, the most part of the Peers of
this Kingdom of England met here at York this day, where His Majesty
did communicate unto them your Desires and Petitions; and because you
do so earnestly press for a speedy Answer, His Majesty, with advice
of the Peers, hath nominated such a number of them for a Conference
with you upon Tuesday at Northallerton, whose names are underwritten.
But withall if you shall think the time too short, and that with
conveniency you cannot come so soon thither, if betwixt this and Sunday
you do acquaint His Majesty therewith, he will take Order for the delay
thereof, for one day or two.

And that you may without all fear or Danger of Detention, send such
Persons unto the said Conference as you shall think most fit, if
betwixt this and Sunday you send hither the Names of these you mean
to imploy, His Majesty will with all possible diligence return a
safe conduct under his own Royal Hand, for them and their necessary
Servants.

His Majesty hath likewise commanded me to let you know, that upon
your relieving of such Officers, and others of His Subjects, as are
detained by you, he will return all such of yours as are his Prisoners,
either here or at Berwick; and hereafter resolves, that fair Quarters
should be kept betwixt both Armies. Thus having imparted His Majesties
Pleasure, I continue

  Your Lordships Servant,

  LANERICK.

  York, 24ᵗʰ of September,
  1640.


1640.—October 16.

7. _Articles agreed on for the Maintenance of the Scots Army._[274]

1. First, That the Scotch Army, now lying in the Counties of
Northumberland, Bishoprick of Durham, and Town of Newcastle, shall have
for a competent maintenance, the summ of £850 per diem, being the sum
before agreed on by the Counties; and that the payment thereof shall
begin upon the 16th of October, and to continue for two Months, in case
the Treaty shall so long last; which payment to be made weekly upon the
Friday of every Week, the first Friday being the twenty-third day to be
for the payment of the Week past.

2. The dayes of the returning of the Army to be numbred, within the
dayes of the allowed maintenance.

3. That the Scotch Army shall content themselves with the aforesaid
maintenance, and shall neither molest Papists, Prelates, nor their
adherents, nor any other persons of whatsoever quality, during the
time of payment, but shall keep themselves free of all other Taxes and
Plunderings not only during their abode, but in their returns, and such
security as is usual shall be given for the performance of the same,
and this to be ordered upon the condition of the Treaty.

4. That the Inhabitants of the said Counties shall also have liberty
to return peaceably to their own dwellings, and shall be refused no
Courtesie, it being alwayes presupposed that the fit Lodging of their
Army shall be allowed.

5. That the Army be furnished with Coals in a Regular way, and not at
the pleasure of the Souldiers, which is especially recommended to the
care of the Scotch Commissioners.

6. That there be a provision of Forrage at the prices to be set down
in a Table, which must also contain the particular prices of all sort
of Victuals, and other necessaries for the Army, to be indifferently
agreed upon by persons nominated on both sides.

7. That the Sea-Ports be opened, and there be free Trade and Commerce
by Sea and Land, as in the time of Peace; with this Proviso, that with
the Victuals, no Armes nor Ammunition be imported into Newcastle,
or any Harbour of England, and this Free Trade and Commerce to be
presently intimated, and not to be interrupted, but upon the warning of
three Months, that there may be a sufficient time allowed for Ships to
return, and for the disposing of their Commodities.

8. That the Victuals and other Necessaries for the Army be free of
Custome; And that his Majesties Custome of Coals, and other Ware, be
left free to be levyed by his own Officers.

9. That all restraints be removed, and that there be a freedem to
furnish necessaries for both Armies, in such sort as is agreed on by
the Articles, and liberty be granted for Milling, Brewing, Baking, and
other things of that kind.

10. That the Arrears be completely paid to Octob. 16, and that such
rents as are anticipate, and not yet due, be allowed in the Arrears.

11. That there be a Cessation of Armes, according to the particulars to
be agreed upon.

12. As for securing the summ of £850 per diem above specified, there is
a Committee appointed by the Great Council of the Peers, who have power
to Treat with Northumberland, the Bishoprick of Durham, Newcastle,
and (if need require) with other adjacent Counties, that there may be
a real performance of what is agreed on by us: And for that we find
many Difficulties of raising the Contribution out of the Counties of
Northumberland, the Bishoprick, and Town of Newcastle, we have thought
fit and necessary to add unto them the Counties of Cumberland and
Westmoreland, to assist towards the said Contribution according to
their abilities.

13. And further, the Lords will before their going from York settle a
Committee who shall have charge to see the Contribution orderly raised
and paid; and that there shall likewise be a Committee nominated of
the Lords Commissioners, to whom either the Scotch Commissioners may
address, or the Committees of the Countrey may Weekly give an Accompt
of the carriage of the business. And that from thence there may further
Order be given for the due performance of that which is promised.

  Signed

  _Bedford_,
  _Bristol_,
  _Holland_,
  _Berkshire_,
  _Ed. Mandevile_,
  _Ph. Wharton_,
  _Ro. Brook_,
  _J. Paulet_,
  _Ed. Howard_,
  _Fr. Dunsemore_,
  Dumfermling,
  Lowdon,
  Patrick Hepburne,
  W. Douglass,
  J. Smith,
  William Wedderbourn,
  Alex. Henderson,
  Wᵐ [Archᵈ] Johnston.


1640.—October 26.

8. _Articles agreed on concerning the Cessation of Arms betwixt the
English and Scottish Commmissioners at Rippon, the 26th day of October
1640._[275]

1. That there be a Cessation of Arms both by Sea and Land, from this
present.

2. That all Acts of Hostility do henceforth cease.

3. That both parties shall peaceably retain, during the Treaty,
whatsoever they possess at the time of the Cessation.

4. That all such persons who live in any of his Majesties Forts, beyond
the River of Tees, shall not exempt their Lands which lye within the
Counties of Northumberland and the Bishoprick from such Contribution,
as shall be laid upon them for the payment of the £850 a day.

5. That none of the Kings Forces upon the other side of Tees, shall
give any impediment to such Contributions as are already allowed for
the Competency of the Scotch Army, and shall take no Victuals out of
the bounds, except that which the Inhabitants and Owners thereof shall
bring voluntarily to them: And that any restraint or detention of
Victuals, Cattle, and Forrage which shall be made by the Scots within
those bounds for their better maintenance, shall be no breach.

6. That no recruits shall be brought unto either Army from the time of
the Cessation, and during the Treaty.

7. That the Contribution of £850 a day shall be only raised out of
the Counties of Northumberland, the Bishoprick, Town of Newcastle,
Cumberland, and Westmoreland; that the not payment thereof shall be no
breach of the Treaty; but the Counties and Town so failing, it shall be
left to the Scotch power to raise the same, but not to exceed the summ
agreed upon, unless it be for the charges of driving to be set by the
Commissioners of the Forrage.

8. That the River of Tees shall be the bounds of both Armies, excepting
always the Town and Castle of Stockton, and the Village of Eggscliffe:
And that the Counties of Northumberland and the Bishoprick of Durham
be the Limits, within the which the Scottish Army is to reside; saving
alwayes Liberty for them to send such Convoyes, as shall be necessary
for the gathering up only of the Contributions which shall be unpaid by
the Counties of Westmoreland and Cumberland.

9. If any persons commit any private Insolencies, it shall be no breach
of the Treaty, if (upon Complaint made by either party) reparation and
punishment be granted.

10. If Victuals be desired upon that price which shall be agreed upon,
and ready Money offered for the same, and refused, it shall be no
breach of the Cessation, to take such Victuals, paying such price.

11. No new Fortifications be made during the Treaty against either
party.

12. That the Subjects of both Kingdoms, may in their Trade and Commerce
freely pass to and fro, without any Pass at all; but that it be
particularly provided, that no member of either Army shall pass without
a formal Pass under the hand of the General, or of him that commandeth
in Chief.

  _Bedford_,
  _Bristoll_,
  _Holland_,
  _Berkshire_,
  _Ed. Mandevile_,
  _Ph. Wharton_,
  _Ro. Brook_
  _J. Paulett_,
  _Ed. Howard_,
  _F. Dunsmore_,
  Dunfermeling,
  Lowdon,
  Patrick Hepburne,
  William Douglass,
  J. Smith,
  William Wedderburn,
  Alex. Henderson,
  Wᵐ [Archᵈ] Johnstown.


1641.—April 24.

9. _Letter from the Earl of Strafford to the Marquis of Hamilton._[276]

  MAY IT PLEASE YOUR LORDSHIP,

Hitherto I judged it not fit to endanger your Lordship by any
Intelligence betwixt us, which might have turned much to your
prejudice, in a time when the World is in so much mis-understanding of
me; but now be your Lordship pleased, to admit me to resort to your
noble Expressions and former Friendship, that I may carry forth of the
Court with me the belief and tokens of it.

It is told me, that the Lords are inclinable to preserve my Life and
Family, for which their generous Compassions, the great God of Mercy
will reward them: and surely should I die upon this Evidence, I had
much rather be the Sufferer than the Judge.

All that I shall desire from your Lordship is, that devested of all
Publique Imployment, I may be admitted to go home to my own private
Fortune, there to attend my own Domestick Affairs, and Education of
my Children, with as little asperity of words or marks of Infamy, as
possibly the Nobleness and Justice of my Friends can procure for me,
with a Liberty to follow my own occasions, as I shall find best for my
self.

This is no unreasonable thing I trust to desire, all considered that
may be said in my case, (for I vow my fault that should justly draw any
heavy Sentence on me, I yet do not see:) yet this much obtained will
abundantly satisfie a Mind hasting fast to quiet, and a Body broken
with afflictions and infirmities. And as I shall take myself highly
bound to any that shall further me therein, so I more particularly
desire to receive an obligation therein from your Lordship than from
others, as being purposed in the truth of my former Professions, to
express my self

  Your Lordships humbly to be Commanded,

  STRAFFORD.

  Tower, 24ᵗʰ of April, 1641.


1641.

10. _Principal Baillie’s Journal of the General Assembly, 1641, in a
Letter to the Rev. William Spang._[277]

  COUSIN,

Since your last, the 1st of August, you have received two of mine, and
this is a third—if virtue were in length—worth any six of yours.

The carriage of our assembly was this. Since the assembly of Aberdeen
there was a continual heartburning betwixt the favourers of Mr Harry
Guthrie and Leckie; as in my discourse of that assembly you may see
I foretold. As I came from London through Edinburgh, I found the
misunderstanding so great, that I advised Argyle to take notice of it
in time; and when Mr Archibald Johnston came home, I wrote to him to
draw to him some of the parties for advisement how to preveen discord.
For all that I could do, at my coming to Edinburgh on Saturday, July
17, I found Leckie, and many that favoured him, peremptor, not only
to accuse Mr Harry Guthrie, but to have the Acts of Aberdeen about
meetings and read prayers cancelled. They were much galled with the
slanders went upon them, for the abusers of privy meetings, and other
things falsely fathered on them. On the other part, Mr Harry, and many
with him, were no less resolute to defend all that passed in Aberdeen,
and to have sharp censures concluded in the next assembly against all
that were for novations, not approven by our Church. With these minds
went too many to St Andrew’s, as if it had been a place of combat. Our
only remedy against such scandalous debates were our prayers to God,
which carefully were offered the Sabbath before we came from home, in a
solemn humiliation for a blessing to the ensuing assembly. This labour,
we found, was not for nought; for at once we found the good hand of God
with us above expectation.

The King had sent his warrant to Lord Weems to sit, with as ample a
commission as either Hamilton or Traquair. His Majesty intended this
service for Southesk, by Traquair’s advice, who yet had too great hand
in affairs; but Mr Henderson diverted the King from that man, towards
whom the country had so evil an eye. For what special respects Weems
fell to be next, I do not know; however, the modesty and simplicity
of the man made him displeasing to none. When we came to St Andrew’s,
our first perplexity was about a moderator. Mr Henderson was
passionately desired in so hard a time; but there was no certainty of
his presence. Mr Harry Rollock, on whom the voices would have fallen
next, had of purpose absented himself. The rest who were met were
esteemed so far engaged to the question to be debated. Judge then
what strait of men was there, when the like of me, who to this day
had declined to moderate a presbytery, was shored to be leeted for to
moderate a general assembly. Yet, after much secret advisement with the
Commissioner, on Monday, with much ado, that difficulty was overcome.

1. On Tuesday, the 20th, the first day of our assembly, the last
moderator, Mr Andrew Ramsay, preached the 122d psalm. According
to his way, he went over it all. The first day of our assembly is
appointed for fasting and humiliation. Of this disposition there was
not so much this day among us as needed. After sermon we met in the
Old College-hall. Mr Andrew prayed; the commissions were received
by Mr Archibald Johnston; many of the commissioners were members of
parliament; divers others also, upon the certain expectation of the
assembly’s translation to Edinburgh, had not come over. His Grace’s
commission in Latin was read; one clause thereof importing, at the
Commissioner’s advice, the assembly’s translation, was demurred on
by the clerk, as intruding on the assembly’s liberties; yet it was
not publickly questioned. A letter from his Majesty to the assembly,
so full of grace and favour as we could have wished, was read. The
answering of it was laid on Mr David Lindsay of Belhelvie. His draught
in the end of Edinburgh assembly was read: but it was so long and
luxuriant, that Mr Henderson was caused to make that short, decised,
and nervous answer.

The parliament had sent over a commissioner to us, one from ilk
estate, Cassils, Auldbar, Provost of Dysart, intreating, without any
prescription, that in regard many of them were members of the assembly,
could not, without detriment to the publick, attend at St Andrew’s, we
would be pleased to enter in no weighty action, especially in chusing
a moderator, wherein they desired to have voice, before we returned
to Edinburgh. In the translation there was no difficulty; but in the
delay to chuse a moderator, the difficulty was huge. The most thought
the assembly could not be constitute, and so was incapable to perform
any act, let be so great a one as a translation, before a moderator
was chosen. Some leading men, who would have had the moderation to
themselves, or to those who favoured their intentions, urged a present
election. The matter was remitted to the next session; wherein, to
our great comfort, it was determined with far greater ease than any
expected. Many of us thinking the delay impossible to be obtained, had
concluded to voice for James Bonner; yet to-morrow, the earnestness
of the commissioners from the parliament, the clerk finding in the
register some such old practique, the certain hopes of Mr Henderson’s
near return, his Grace permitting the matter to our own option,
whilkas before some about him made him declare oft, that that delay
would legally evacuate his commission; Mr David Dalgleish, overcoming
in boldness his good friend Mr Harry Guthrie, stoutly reasoning the
sufficient formality of continuing by voices the old moderator, _ad
hune actum_, to transfer, and to chuse a new moderator in the beginning
of the translated assembly, by plurality of voices it was clearly
carried. We took that for a certain presage of God’s assistance in all
subsequent purposes.

The next session was appointed to be held at Edinburgh, the 27th.
No more but a supplication of D. Harry Reid, wherein he complained,
that after his long service in the kirk and divinity-schools, he had
been made to demit his place, by threats, in his extreme old age
and poverty. The case was very invidious, and reflected much on his
colleagues in the town and New college. The matter, I heard, was, that
he, as principal, had given warrant for lifting the New-college rents,
whiles to a wicked knave his son, whiles to D. Panter, and others; so
that no count could be made by him of much money. Mr S. Rutherford, I
think, caused complain of this to the estates when we were at London.
They sent over Newton and William Ridge, rigorous enough, either to
get account of him, or to lay him in ward. Upon the fear of this evil,
he offered to demit his place; and his demission was taken, reserving
500 merits a-year to him for his entertainment. When his petition came
to be considered in Edinburgh, his good friend Mr Henderson guided
it so, that with a great deal of commendation to the old man, large
as great, I am sure, as he ever deserved, it was voiced, that his
demission should be rendered to him; that, according to the acts of our
old assemblies anent failed ministers or professors, he should all his
lifetime enjoy his full rent and honour, without any diminution.

When we came back to Edinburgh, to our great joy we found Mr Henderson
and Mr Gillespie come home. That week was spent in privy consultations
for accommodating the feared differences. Argyle and Cassils drew
together in Loudon’s chamber the ministers of Edinburgh, Mess. Dick,
Blair, Rutherford, Cant, me, and some others. All the ministers of
Edinburgh were chafed at their people’s carriage towards them. They
would have been at the simple discharge of all privy meetings, but
those of a family; and for this the act of Aberdeen was alledged
by them, and many moe: for this the other part would have had that
act recalled or exponed. I marvelled much of both their forgetting
the meaning and occasion of that act, set down at length to you in
my letters. Then it was at last agreed, that Aberdeen act should be
altogether miskent; that a draught should be made for ordering these
meetings now in question. The paper drawn up by Mr Henderson the 10th
of June, which pleased all well, that I had conferred with both,
misliked the ministers of Edinburgh, and above all Mr D. Calderwood
could not abide it. The clause in it of the number, which I liked best,
did most mislike them; they alledged the permitting of any to meet, in
the smallest numbers, was an establishing by an act the thing itself.
Many meetings there were for little purpose. It was appointed, that Mr
Dickson and Mr Blair should meet with Mr Henderson and Mr Will. Colvil,
and set down their minds. Their draught was long, and too general. It
was laid again on Mr David Dickson, with whom he pleased, to write down
his mind. That form also did not please. At last Mr Henderson essayed
it. His model liked us best; yet Mr D. Calderwood started mightily
at it. We desired him to dite what he pleased; notwithstanding we
were all refreshed with a certain hope of a solid agreement; for Mr
Dickson and Mr Blair, and the rest who were suspected of innovating,
purged themselves fully of all such intentions, and were ready to
receive any of the models any had proponed. And being posed, what was
their minds anent all the novations? Mr Andrew Ramsay could enumerate
such as omitting, Glory to the Father, kneeling in the pulpit,
discountenancing real prayers, &c. They gave answer satisfactory,
that betwixt us and them there was no discrepance at all. At last
Mr Henderson fell on that model, which thereafter was voiced and
printed. This happy concord, whereof Argyle and Henderson were happy
instruments, will, we trust, be a great blessing to the whole land,
which every where began to be fashed with idle toys.

On Tuesday, July 27th, we met before noon in the Grayfriars. After
prayer, Mr Andrew Fairfoul required, that his commission should be
given to Mr Henderson, in regard that the presbytery had chosen Mr
Andrew Ramsay, Mr Andrew Pollock, [Henry Rollock,] and Mr Alex.
Henderson, if he should be present, and him only in case of Mr
Henderson’s absence. So, albeit Mr John Adamson had, at his own
hand, put in his own name in the commission at the first meeting in
St Andrew’s, and had voiced there as commissioner; yet Mr Henderson
being now present, he required to be free of the burden, which he had
undertaken only in case of his absence. While the matter is going
to voicing, Mr Calderwood, albeit no commissioner, reasoned very
passionately, that Mr Henderson was incapable of a commission. In
this Mr Henderson seconded him. Always, when it came to voicing, Mr
Henderson’s commission was unanimously received. The next question was
about a new leet for a new moderator. The old fashion was, that the
former moderator leeted whom he would, and the assembly added whom they
pleased. An overture had passed at Aberdeen, that every provincial
synod should have one of their number to be on the leets for moderator,
one to be on the committee of bills, one for the reports, and one for
the overtures. The Northlandmen pressed much to have it so; but it
was found unreasonable; and that overture not being an act, and not
being booked was rejected. Yet they got Belhelvie added to the leet
which Mr Andrew gave in. Mr Henderson declared earnestly against the
burden of moderation; yet the most of the votes fell on him. The nobles
were for Mr Henry Rollock, some for Bonner, some for Belhevie, none
at all for Adamson, Dalgleish, Somervel, Blackhall. No more was done
in that session; only Argyle told us, that the parliament was content
to have but one session a-day, and that in the afternoon, hoping the
assembly would be pleased to make but one session also, and that in
the forenoon, that so the commissioners might get both assembly and
parliament attended. This was agreed to.

Wednesday the 28th. The moderator read the overtures which I had
drawn up, and were enacted at Aberdeen, for ordering of the house. He
pressed them all; yet, through negligence to exact them, thereafter
we fell at once into our old misorders. Always we hope that the exact
order the parliament has now taken for ruling their house, will make
us, ere long, follow their good example. He read also a list of names
for the committees of bills and reports. Now for the overtures; Till
those of Aberdeen were considered, very hardly would he permit any
to be added to those of his own number. For assessors to himself, he
shewed he would advertise privily those whom most he needed. Four
were named to appoint preachers for all the churches, in which Mr
James Bonner, my good friend, being chief, by his favour I got myself
shifted of that burthen, as in all this assembly I did what I could
to hold myself quiet, and well near mute. Mr Calderwood fell on again
impertinently, and very peevishly, as if it had been almost a null,
an evil-constitute meeting, for being translated without a moderator
permanent, and chusing of him for moderator who had no commission. Mr
Henderson dealt very patiently and respectfully with him: at last his
Grace commanded him silence. The moderator caused read some letters,
which were given him in England for the assembly. The first was from a
number of our gracious brethren of the ministry at London, and about
it, congratulating our happy proceeding, shewing their hopes to get
our discipline established there, telling that some of their brethren,
who were for independency of congregations, were great hindrances to
that design; also that they gave out that some of the most eminent men
in the ministry with us, inclined their way. The men they meant by, Mr
Henderson told us, were Mr D. Dickson, and Mr Cant; but none in all the
assembly were more against independency than these two. The matter,
after some days, was voiced: all in one voice rejected that confusion,
as contrary directly to our covenant: and appointed Mr Henderson to
write a courteous answer to our English brethren; which he did very
accurately. If I can, you shall have a copy thereof.

The next was from Mr Durie, for assistance to his negotiation of peace
amongst Protestants. While some were beginning to say somewhat to
the man’s prejudice, I excused all, so that his motion was received;
and it was laid on Mr Andrew Ramsay, Mr Blair, Mr Gillespie, and me,
to frame an answer. We left the labour to Mr Blair, who did it well
enough, in a fair genteel general, appointing him to keep, when he
pleased, correspondence with the ministers of Edinburgh. A third was
from D. Sibbald of Aberdeen, supplicating for his books, which at the
prior assembly were taken from him. It was granted that he should
have all except some of his sermons, whereupon a part of his process
was grounded. A fourth was from Mr John Guthrie, Bishop of Murray,
supplicating that his place, for a little time more, might be kept for
him. It was rejected as unreasonable, and his presbytery appointed to
plant his place; yea, order was given, that none who had delayed so
long to come in the covenant, should be received, without a singular
measure of satisfaction and trial, to be approven by the general
assembly. The Moderator fell on a notable motion, of drawing up a
Confession of Faith, a Catechism, a Directory for all the parts of the
publick worship, and platform of government, wherein possibly England
and we might agree. All approved the motion; and thereafter the burden
of that labour was laid on the back of the mover, with liberty to vaik
from preaching whenever he pleased, and to take help of whom he thought
meet. He did not incline to undertake it, yet it will lie on him; and
readily in this he may do some good.

Thursday the 29th. The moderators of the committees had no matter
prepared for the assembly; so we put off that session with general
discourses, especially upon the matter of translation, which had most
troubled us in bygone synods, and was like to do so in this also.
A committee was appointed to find out overtures for that difficult
matter. Lest I should be prejudged, I got it on Lord Eglinton and Mr
Robert Barclay. Glasgow also, by their importunity, got on Dr Strang
and D. Dickson. The presbytery of Glasgow, it were long to tell you
the way how they stifled both Mr Dickson and Mr Ramsay from being
commissioners. This was very evil taken by the whole country, and
turned over to Glasgow’s prejudice: yet Mr David was used no otherwise
by the assembly than if he had been a prime commissioner. This
committee did nothing for a day or two, and that, it was publickly
complained, because D. Strang and Mr David, for their own interest,
marred the rest; so they, and with them my Lord Eglinton and Mr Robert
Barclay, were removed from that committee. Thereafter they blocked a
number of tolerable overtures; the conclusion whereof was remitted to
the next general assembly. The moderator advised the town of Edinburgh,
and other prime burrows, to entertain abroad some good spirits, who
might be their own, if they proved apt for their service. Also he
shewed the expediency of calling home one Mr Thomas Young from England,
the author of _Dies Dominicæ_, and of the _Smectymnuus_ for the most
part; and of Mr Colvin from Sedan, to whose commendation he spake much.
If he has done any thing in private, let us have it, and write what ye
know of his abilities. There was a committee appointed to consider the
state of our far remote churches of the Isles, of Lochaber, Orkney,
and Shetland. Some present course was taken for Lochaber; and it was
laid on Mr Robert Blair, and Mr Andrew Afflect, to go in the Spring to
visit Arran and some near isles. There was a committee appointed to
consider the advancement of the weal of colleges and schools. All their
consultations we hope in time will produce good fruits.

Friday, the 30th, came in a number of particular bills; yea, some days
thereafter, there came more than 200, for augmentation of stipends,
for dividing or changing of churches; all which, without reading, were
referred to the parliament; regrets for the enormous sins of the land.
The removing of monuments of superstition, from divers parts of the
country yet remaining, was recommended to the presbyteries. Mr John
Guthrie, Bishop of Murray, sent out of the tolbooth, to the assembly,
a supplication to confer with the moderator, and some others. All the
subject of his discourse with them, as also of divers conferences he
had before with the ministers of Edinburgh, was only a stiff wrangling
about the formality of the process of excommunication. He sent in
another supplication thereafter for the same end, but was neglected;
for he and other of those men, seem to be obdured in perverseness: yet
it is like, that if the King and we had settled sure in parliament,
there are few of them, if any, but will supplicate to be permitted to
do all that shall be prescribed.

Saturday, the 31st, no particular business was handled worth the
writing. Aberdeen, in their commission from the general assembly,
had met and decerned Mr George Gillespie, then at London, for their
town-minister, and Mr Edward Wright for their divinity-professor, in
the Marischal college. Mr Gillespie’s cause came then to be handled.
His Grace pleaded, that these fifty years he and his people had been
vexed with a most weak minister; that he had got Mr George admitted the
first in Scotland without the bishops consent. Mr George spake well for
himself, that he nor his people were never advertised till the decreet
was passed, and divers other things. The dispute was long and hot:
it was remitted to the next session. Argyle spake of the regret many
ministers made under payment of their stipends, desired the assembly to
find overtures for remeid, and promised the parliament would consider
what should be proponed.

On Sunday afternoon, before the commissioners, I heard Mr Blair teach
very gravely for peace, and abstinence from all such meetings, as
in former times had been very profitable, but now were inexpedient,
unlawful, and schismatical. This some mistook, but the most took it
very well from him. Truly, I bear that man record, that in all his
English voyages, in many passages of the assembly, private and publick,
he contributed as much to the pacifying of our differences as any,
and much more than many. That day a very unhappy accident fell in the
hand of a minister, Mr Thomas Lamb, who had been deposed by the blind
Bishop of Galloway, for divers quarrels; but he gave it only out for
disobedience in ceremonies. The ministers of Edinburgh had obtained for
him a church in the presbytery of Peebles. The man had always been of
a contentious humour. They say he had struck a man, whereof he died.
However his presbytery, for his perverseness and contentions, had
suspended him. He had appealed to the general assembly. The committee,
on Saturday, had agreed them, and remitted him to the presbytery. On
Sunday, after both sermons in Leith, he told Mr James however that he
was displeased with that accord, and would complain to the assembly,
both of the committee and his presbytery. Immediately going to ease
himself among the stuff, a young man to whom the stuff belonged, fell
upon him with evil language, taking up his cloak and gloves: after
some mutual jarring, when he had got his cloak and gloves again, he
fell in some more quarrelling with the young man, and with his whinger
struck him, whereof presently he died. He wrote a pitiful supplication
to the assembly, to obtain some delay of his execution, till his wife
and friends might come to him. This was granted. He obtained easily
a letter of Slayans from the party; but we think the Constable will
cause execute him; and so much the more because he a minister, on the
Sabbath day, had committed that villainy in the time of the assembly
and parliament.

Monday, the 2d of August, the parliament sat not, so we had two
sessions. The forenoon was taken up with the business of Aberdeen. Mr
Andrew Cant laid out Aberdeen’s necessities very pathetically; Mr David
Lindsay and Provost Lesly, shewing their proceedings in Mr Gillespie’s
election to have been punctually according to the words of their
commission. Notwithstanding the moderator, desiring Mr George to stay
still in Fife for the use of St Andrew’s, did so state the question,
for all the northlandmen could say to the contrary, and notwithstanding
also of Argyle’s evident seconding them. His abode at Weems was craved
by plurality of voices: yea, when they pressed Mr Edward Wright’s
transportation, albeit all that favoured Mr David Dickson did voice for
them: yet they lost that cause also, in regard it was manifest before
the meeting of that committee, that Mr Edward was admitted to the
church of Glasgow, and before his citation to come to that committee,
or his knowledge of Aberdeen’s invitation, he was agreed with Glasgow,
and had obtained his dismission from the presbytery of Stirling. Mr
Robert Ramsay had set the town of Glasgow on that man, whereof I
suspect he now repents. The man is learned and blameless, but it is
not like Mr David’s way, nor among the most prudent. Factions among
that people and presbytery are like to grow. I wish they come not to a
shameful hearing, and that quickly, on the occasion of Mr Hugh Blair’s
election to that town’s ministry. Sir John Scot’s petition, to have a
description of our sheriffdom, by some in every presbytery, to be set
before the maps you have in hand, is granted.

In the afternoon Mr Andrew Ker, minister at Carrin, being transported
by the provincial synod of Lothian to the burgh of Linlithgow, had
appealed to the general assembly. His appeal was voiced null. This
preparative made Glasgow too eager to call my cause; but they found
the case many ways unlike. At Aberdeen there had been much ado for
planting of Inverness. The Laird of Steinson, patron, had presented
Mr James Annan. More than the two parts of the parish speaking Irish,
obtained Mr Murdoch Macbaine, a bold well-speaking man, to be conjoined
to an equal stipend and burden. This equality Mr Murdoch urged, and
refused to preach to the Irish congregation, but day about, so every
other Sunday they sang dumb. After some days travel, it was thus agreed
that a third man should be got to those who had never more than one
before to preach in Irish on 500 merks, the town to pay three, the two
ministers each to pay one. We being agreed privately, the moderator
thought it time to move the question about meetings, and regretted the
sinister rumours thereanent. It was remitted to a committee in the
moderator’s chamber. After two afternoons’ conference, Mr Henderson
fell on the model you have in print. On Wednesday he read it once,
twice, thrice. Many required delay to voice till to-morrow, and a copy
of the writ. All delay was flatly refused; but any man was permitted
to say what he would, if it were to ten at night. Mr Catherwood was
impertinent still in his opposition. Mr Harry Guthrie, and those who
were in this point, were feared to be more opposite than he had been.
All called to the committee, and read at length. Some who craved delay
were shortly taken up. Fear of raising and fomenting needless scruples,
if that paper had ran a showering through the city, before it had been
concluded, made the moderator peremptorily refuse that which is now
every day practised in our parliament, and I think were more necessary
to be practised in our assembly, except in some few extraordinary
cases. The paper that day was voiced, and was unanimously assented
unto: yet some voiced it too general and insufficient.

Tuesday, the 3d of August, was taken up with a very captious question
of your good friend Sir John Scot. He had promised to Mr Mungo
Law, second minister at Dysart, in the presbytery of Kirkaldy, a
presentation to the kirk of Kilrennie, in the presbytery of St
Andrew’s. The presbytery of St Andrew’s were not very curious to crave
his transportation; Sir John, in the provincial of Fife, urges it. In
the voicing, not only the whole presbytery of Kirkcaldy gets voices,
but some burrow two ruling elders, gets voices. Upon this, and some
other informalities, Sir John appealed to the general assembly. By
strong solicitation, and by a world of merry tales in the face of
the assembly, he gets a sentence for his appellation, to the great
indignation of the synod of Fife, and the moderator’s malecontentment.
Sir John held him with that advantage, and durst not pursue his main
point, anent the minister’s transportation, which made many to take him
but for a wrangler, who sought more the synod’s disgrace than any other
contentment. Overtures for planting universities, burghs, schools,
were read; also a letter of the King’s to the assembly, in favour of
Panmure, requiring the minister of Monhey to be transported to some
other church of his Majesty’s presentation: the desire, with the man’s
own consent, was granted.

Wednesday, the 4th, Mr William Bennet was ordained, according to the
act of Aberdeen, to transport to Edinburgh. Mr John Colins, after long
opposition of the presbytery and parish, was ordained to be received
to the church of Campsey. His presentation to the tack of Chanle of
the chapter, wherein also he was obliged to ratify the patron’s tack,
was ordained to be rectified. Mr Andrew Logie, deposed at Aberdeen
according to the provincial’s appointment, was restored to his own
kirk. Sir Alexander Abercrombie of Birkenbog fashed the Assembly much,
that he might be obliged to receive a new presentation; that a new
edict might be served; and so, that the assembly’s act of reponing him
to his own church should be evacuate: but his motion being found to be
from particular respects, it was misregarded.

Thursday, the 5th, Aberdeen supplicated Mr Andrew ____________
his transportation to their college. Arthur Areskine, of his own
liberality, had given him 500 pound during an old man’s life. The man
was but twenty-four years of age, and was extreme unwilling to flit.
Arthur Areskine, a well-deserving gentleman in our cause, when he began
to plead, was so choked with tears, that he became silent, and removed.
This accident made the assembly so compassionate towards him, that,
by plurality of voices, he obtained his point. These three rebukes in
end well near angered Aberdeen. By way of indignation they crave leave
to have back their deposed doctors; yet they gave in the fourth bill
for Mr John Oswald of Pencaitland. His misfortune was to be last, else
he had better reasons of staying than any of the former three; yet to
please Aberdeen, all he could say was misregarded; and he, full sore
against his heart, was ordained to flit.

Here came in my long-delayed action. After much altercation betwixt
the passionate parties, and some calm dispute between the Principal
and me, by the favour of the moderator, I got the invidious question
eschewed anent my appeal, and the state made, Transport, or Abide;
when, after I had read the reasons (which I here send you), there was
not twenty voices for my transportation. I foresaw that this favour
may readily transport me ere it be long to places where my life will
be much more miserable than it is like it would have been in Glasgow;
but yet I thought it incumbent to me, in conscience, to use all lawful
means to keep me with my people. I took it to have been a sin to have
neglected this duty for the preveening of crosses never so apparent.
The Laird of Leckie gave into the committee of bills a complaint of
Mr Harry Guthrie’s slandering of him at Aberdeen. Of this Mr Harry
complained in the face of the assembly. This was like to blow up that
fire again which we thought had been extinguished; yet even here God
was favourable to us. That matter was referred to us the moderator’s
assessors. We laboured so into it some nights, that at last we got
the parties agreed, both in a writ, read to the assembly, under their
hands, declaring their good opinions each of other: for Leckie truly
witnessed, that he knew no blame to Mr Harry, neither in doctrine nor
life; and Mr Harry testified, that he never had a thought that Leckie,
or any of his family, was guilty of those slanders he complained of.
Of this pacification we were all most glad. Being desirous to have the
assembly at an end, it was appointed to keep her sessions twice in the
day, and to dispense with the absence of so many of our parliamentary
members as could not be present in the afternoon with us. The rest
of that day, and much also of posterior sessions, were misspent with
the altercation of that bardish man Mr D. Dogleish, and the young
Constable of Dundee. He had obtained from his father to Mr David a
presentation to the parsonage of Dundee. The custom was, that all of
the tithes, the constable paid but to the church 500 pound, the town
gave to the parson’s supply 500 merks. The town having not much will
of Mr David’s ministry, refuses to pay the old 500 merks. Mr David
refuses to transport from Coupar till the Constable secure him in
a sufficient stipend. The assembly of Aberdeen ordains Mr David to
transport with all diligence, and refers the question of stipend to
the decision of the committee of estates. The Constable supplicates
the assembly to move Mr David either to accept the charge, or give
back the presentation. This Mr David peremptorily refuses, intending
by his presentation to erect a stipend to that place, and then readily
to leave it, if all do not embrace him. Mr David’s strong replies to
the moderator would have been taken in worse part, if the Constable’s
naughtiness, in proclaiming of the whole parsonage four or five
chalders of victual was too much for him to pay to the church’s use
had not offended us all. My Lord Fleming’s petition, to have a new
presbytery erected in Biggar, of thirteen near adjacent churches of
Lanerk and Peebles, was referred to the visitation of the bounds. It
was regretted by the moderatour, that Mr David Catherwood, who deserves
so well of our church, was so long neglected. He was recommended to
the first commodious room. Likely he shall not be in haste provided.
The man is sixty-six years old; his utterance is unpleasant; his
carriage about the meetings of this assembly, and before, has made him
less considerable to divers of his former benefactors. The case also
of Mr James Fairlie, late Bishop of Argyle, was much regretted; that
he having given so long ago satisfaction, that yet no place could be
gotten to him to deliver him of that extremity of poverty wherewith he
long has been vexed.

Friday, the 6th, a world of bills came to be referred to the
parliament. Among the rest, one of Anna Inglis, complaining, that her
husband, young Aiket Cunningham, having received above 40,000 merks
portion with her, had deserted her, after frequent tormenting of her,
with strokes and hunger, he debauching all with harlots in Paisley. We
sent two with this bill to the parliament to get present order. The
justice of God was in this matter. The damsel’s father had left her to
be married to Mr Hugh Montgomery of Hazlehead, his wife’s near cousin.
After, his wife falls in a conceit with Allan Lockhart, and gives
herself to him; and, by his persuasion, makes her daughter, when scarce
twelve years of age, without proclamation, to be married to his cousin
Aiket. For her reward, her husband Allan leaves her to pay 10,000
merks of his debt, which made her a poor vexed widow, and her success
as you heard. We were fashed with a bill of young Saville’s, a fine
gentleman, who required, that one Littletower, whom the patron Lindores
had thrust on his church, should be transported. The gentleman, for the
well deserving of his house, was much pitied; yet, seeing the young man
was admitted, and the most of the parish accepted him, it could not be
helped till the young man, Littletower, found commodity to transport,
which was not like to be sudden. The presbytery of Wigton complained
of their molestation by one Macghee a notary, a criminous fellow,
too much supported by that good man the Earl of Galloway. This bill
being referred to the parliament, they enjoined the Earl to go home
without delay, and fetch in that knave to suffer justice. There was no
remeid; his Lordship behoved to go away to that unpleasant service.
One Thomas Frazer in the tolbooth, being condemned to die for murder,
supplicated us to be relaxed, before his death, from the sentence of
excommunication. Some were sent to visit him. His true repentance
being reported, Mr Andrew Cant was ordained, on the Sabbath, after his
sermon in the great church, to relax him. On Monday he died penitent.
Dr Scroggie of Aberdeen supplicated to be admitted to our covenant. The
trial of his repentance was remitted to the provincial synod.

In the afternoon many overtures by Mr George Young, clerk of the
references, were read. Chapperton’s supplication, to enter in our
covenant, was referred to the provincial of the Merse.

Saturday the 7th. When Mr David Dickson, in the question of my
transportation, had declared his intention to have as much help from
me, in professing in the college, as he gave by his ministry to the
town, the moderator, and others then there, not generally liking of
mixing these two offices, every one whereof required a whole man,
Mr David, lest any rub or mar from this should come to him in his
ministry, which very profitably he did discharge, gave in a bill to
have the matter cleared. It was gladly condescended, that it should
be reason for him to exercise so much of the ministry there as he
found himself able without detriment to his profession; the Principal
not being foreacquainted with that bill, except somewhat for the
preparative, wherewith Mr David was not well pleased. It was moved,
that the declarations which the Earl of Traquair had alledged he
had made in the assembly, but very falsely, and had obtained to be
registered in the books of council, should be torn out and cancelled.
This was referred to the parliament; who, after the consideration of
the truth of our alledgeance, sufficiently verified by many witnesses,
caused rent out of the council-books, according as we required, these
full declarations. Two motions came in here, which were like to procure
us much fashry; yet both, by God’s help, were brought to a peaceable
conclusion.

The parliament sent in to us the Earl of Lothian, one from the Barons,
and one from the Burghs, requiring our judgement of the Band; the
tenor whereof was read. The reason why they required our declaration
in that matter, was, because they said the Earl of Montrose had
professed, the other night in his examination before the committee,
that however that band was burnt, all the subscribers were yet by oath
obliged to the matter of it; also they read a paper in our audience,
written by Montrose’s hand, after the burning of the band, full of vain
humanities, magnifying to the skies his own courses, and debasing to
hell his opposites. Here great wisdom was requisite. It was remitted
first to the afternoon, and then to Monday. Sundry of the banded Lords
compeared. We feared their stirring. Montrose’s advocate craved to be
heard. A supplication to us, written by his hand, was read, desiring
our good opinion of him, offering to answer all we could lay to his
charge to our full satisfaction. He said, the band was destroyed by the
committee of parliament; that the paper was but a private memorandum
for himself, never to have gone without his charter-chest, had not
my Lord Sinclair been pleased to make it publick: that which was
alledged of his words in the committee was not any written part of his
deposition; that he had only spoken of a common guiltiness of all the
subscribers with him; that he had spoken of their obligation only in
relation to his accusation. Balmerino, moderator of that committee,
spoke very pathetically for the truth of Montrose’s words. The assembly
passed by what concerned Montrose, or any particular person; and, in
answer to the parliament’s question, a committee was appointed for that
end, drew up their wise answer penned by the moderator, making that
band to be unlawful, and not obligatory of any; making those that will
not subscribe censurable, and passing in those who subscribe what is
bygone, and well buried by the committee of parliament. The banders
that were present Kinghorn, Seaforth, Lour, did presently subscribe.
Mr Blair and Pollock were sent up to Montrose to acquaint him with
what was past. He spoke to them with a great deal of respect to the
assembly, seemed to insinuate his willingness to subscribe what the
moderator and clerk would require. Some made the motion, which the
moderator much applauded, that as some from the parliament had been
very happy instruments to take some differences away, which were like
to arise in the assembly; so it were meet to offer to the parliament
the labours of any they thought meet in the assembly, to help to
remove what difference was betwixt the members of parliament. This
motion was from zeal to peace, but not upon consideration of present
circumstances; that the difference was not betwixt any particular men,
but alledged crimes of high treason against the state, which could
not be by counsels, being cited, and they standing to their defence.
Yet D. Strang and Mr Andrew Cant, who were to carry our answer to
the parliament’s question anent the band, were burdened with the
foresaid overtures; the impertinency whereof the parliament miskent,
and passed without an answer. All this passed on Monday before noon.
The other motion, which on Saturday before noon perplexed us, was the
moderator’s petition of liberty to transport from Edinburgh. At the
beginning we took it but for jest; but it proved earnest. He assured
us, his voice was for no church in the town; that continually he was
unhealthy there, and not so any where else: that to keep him there was
to kill him; and that in the act of his transportation from Leuchars,
there was an express clause of liberty for him to transport when the
publick commotions were settled, if he found that town disagreeable
with his health. The city of Edinburgh was extreme averse; beside the
loss of that incomparable man, thought it a dangerous preparative to
have any of their ministers transported by assemblies. They offered
to buy him an house, with good air and yards; to preach only when he
would; to go freely, if his health was not tolerable. They were so
much the more averse, because St Andrew’s sued at that time in a bill
for his transportation to be principal of their college. He pressed
his liberty, shewing his great errand out of England was troublesome.
This reason from the assembly—some imputed his earnestness to some
malecontentment from some of the wives speeches the last year of him
for their well, against their humour in innovating; but he affirmed
health was the only ground of his petition, and if it should not fail,
notwithstanding of his liberty, he should not remove; and if he did, he
would not go to St Andrew’s, but to some quiet landward charge.

After noon there was a long debate for the presbytery of Sky. Glasgow
assembly annexed it to the provincial of Argyle. Upon the petition of
one, Edinburgh had annexed it to the provincial of Ross. They had kept
neither. Argyle pleaded for the renewing the act of Glasgow; Seaforth
for the sealing the act of Edinburgh. After long debating of reasons,
it was referred by the commissioners of the assembly to the parliament
to determine.

Monday the ninth, before noon, besides the things already said, the
presbytery of Newcastle, wrote a letter of complaint, that there was a
great neglect in many presbyteries to supply the armies with mnisters;
it was provided for; The afternoon was our last session. The answers
to the King’s letter to the English letters, and to Durie’s letter,
were read. The drawing up the directions of the Catechism, of the
Confession, of the Form of Government, these were laid on Mr Alexander.
His liberty was voiced, and granted, to the no small miscontent of
Edinburgh. Hence thanks were given to God for his sensible and most
special assistence; 23d psalm sung. Next assembly voiced at St Andrew’s
July 27. Commissioners, to the number of thirty or forty, with some
sixteen elders. Those of a province might serve by turns; so, after the
first meeting, I got leave to go home.

You have here an account of the assembly, so far as my weak memory,
without any notes to count of, can furnish. What I shall hear of the
parliament, of Montrose’s process, of the King’s proceedings, who
came here, to our great joy, on Saturday the 14th, you shall shortly
receive. What information I got from London you have here inclosed; the
evil illegal writ of Sir Thomas Dishintoun contains a journal of that
parliament for some weeks.

  ROBERT BAILLIE,
  Kilwinning, August 20, 1641.




  THE
  GENERAL ASSEMBLY,
  AT ST ANDREW’S, 1642.

It is not necessary to recapitulate such of the proceedings of the
immediately preceding Assembly as are introduced in the printed Acts.
But a few particulars, not thus recorded, may be slightly adverted to.

Mr John Guthrie, the ousted Bishop of Moray, petitioned that Assembly
that his benefice might be kept vacant for some time; but the Assembly
disregarded his petition, and ordered his charge to be filled up, by
the Presbytery of the bounds, without delay. They, however, reponed
Mr Andrew Logie, who had been deposed by the Presbytery of Aberdeen;
and overtures relative to the Universities (of which, to its credit,
the Presbyterian Church never lost sight) were adopted, and ordered
to be submitted to Parliament. The schism of the preceding year
about private conventicles still continued; and their great patron,
Mr Henry Guthrie, still fanned the flame, to quench which, it was
necessary to “misken” or overlook the Aberdeen Act upon the subject,
and frame a new one against impiety and schism. A case of Conscience,
though for a political purpose, was submitted to the Assembly by a
deputation from Parliament, relative to a Bond into which Montrose
and others had entered, and which was thought inconsistent with the
Covenant. The Assembly not only gave a deliverance suited to the views
of the predominant party in Parliament, but volunteered their advice
and assistance to it, which, however, was declined. In consequence,
probably, of the brotherly communings which had recently taken place
betwixt the Scotch and English nonconformists in London. A number of
the latter wrote an Epistle to the Moderator touching Presbytery and
Independency, and an answer was returned, intimating the unanimous
adherence of the Scottish Church to Presbytery and its aversion to
the other system; and a proposition was also mooted for framing a new
Confession of Faith, Catechism, and Directory for public worship, &c.,
as a platform for an extension of Presbytery to England—a scheme which,
ere long, was matured in the Westminster Assembly, and by the “Solemn
League and Covenant,” of which we shall have to treat on a future
occasion.

Of the minor concerns, we may mention the appointment of a committee
to adjust the state of the churches in Orkney, Zetland, Lochaber, and
the Isles; an application for erecting the Presbytery of Biggar; the
rejection of applications from Aberdeen to translate George Gillespie
and Edward Wright from Glasgow, and an Assistant at Scotscraig—but,
to quiet the murmurs of the applicants, they got John Oswald from
Pencaitland, which made room for David Calderwood, the well-known
chronicler of the Kirk, from Crailing in Teviotdale. Among the other
removes that took place at that Assembly, Mr Andrew Ker was transferred
from Carriden to Linlithgow, William Bennet to Edinburgh, and John
Colins to Glasgow; and Alexander Henderson sought and obtained leave to
retire from Edinburgh to a rural parish, of which permission, however,
he never availed himself. During the sitting of that Assembly, an
awkward occurrence took place in the person of a Mr Thomas Lamb, a
minister in Peebleshire, who, having killed a man on the road betwixt
Leith and Edinburgh, was tried, condemned, and executed for the act.
Many complaints by ministers for want of adequate stipends, were given
in, and referred, as a matter of necessity, to the Parliament—the
Church not having yet discovered any mode of accomplishing that object,
otherwise than by the civil authority, although in these four last
Assemblies it had assumed the prerogative of removing and transplanting
ministers at its pleasure, without consulting either patrons or people,
so far as we have been able to discover. Many matters were left over
unfinished, and remitted to a Commission—the first, it has been
alleged, (erroneously, we think,) in the history of the Church, on whom
such powers were devolved. The Assembly terminated by appointing its
next meeting at St Andrew’s, on the 27th of July, 1642.

As already noticed in a preceding chapter, the treaty of peace betwixt
the two kingdoms was concluded on the 7th of August 1641.[278]
Immediately after, on the 9th, his Majesty left London, and proceeded
to Scotland. He arrived about the middle of that month at Edinburgh,
having, in the course of his journey, interchanged courtesies with the
chief of the Scottish army, which was still in the north of England.
But his reception was far different in the Scottish capital from that
which he had experienced in 1633 on the occasion of his coronation.
The Covenanters were now triumphant in all their pretensions, not
solely by moral, but visibly by the influence of overbearing physical
force. By the terms of the treaty, and its inevitable sequences,
the executive sceptre was wrenched from the hand of the King; the
prerogatives of monarchy were one and all extinguished in Scotland
and assumed by the Estates; and, as he had formerly meditated the
assumption of undue authority, he now tasted a bitter retribution.
Charles, the descendant of above a hundred Scottish Kings, virtually
bowed his “discrowned head” in the palace of his fathers, beneath the
victorious banner of “THE COVENANT.”

The Scottish Estates, which had been continued from time to time,
reassembled on the 15th of July 1641, before the treaty was yet
completed. The convention at first consisted of one hundred and
forty-five members, of whom thirty-nine were of the nobility,
forty-nine barons, and fifty-seven burgesses.[279] Lord Burlie was
chosen President; and it was agreed on that the Estates should sit
till the 17th of August, when the King or his Commissioner was
expected to be present, and should prepare business, but not determine
anything except the most urgent affairs for the public service. This
Parliament was new-modelled, arbitrarily, (as indeed were all its
proceedings from the first,) by the exclusion of the eldest sons of
Peers, who previously had access to it—an exclusion which excited no
little discontent among the rising aristocracy—and the Clergy, the
Lords of Session, the Lord Advocate, and “all disaffected members,”
were debarred from taking any part in its deliberations; and, among
other stretches of its assumed intrinsic power, it ordered Traquair’s
Declaration, as already noticed,[280] at the close of the Assembly
1639, to be delete from the register of Privy Council; as if such a
proceeding could extinguish the document, which still stands on record,
though partially obliterated. In short, it was a packed and arbitrary
convention, having no legal authority, according to the ancient
constitution of Scotland, until after the King had sanctioned its past
and pending proceedings by an _ex post facto_ concurrence, in terms of
the concessions which had been extorted from him by the joint coercion
of the House of Commons in England, and the Scotch Commissioners in
London.

On the 17th of July, Among their preparatory measures, proceedings
against the _incendiaries_ were commenced. These were John Earl of
Traquair, Sir Robert Spottiswood of Dunipace,[281] Sir John Hay,
Clerk-Register, Dr Walter Balcanquell, and John Maxwell, late Bishop of
Ross; and in the list of the proscribed were James Earl of Montrose,
Archibald Lord Napier, Sir George Stirling of Keir, and Sir Lewis
Stewart of Blackball.

It would be foreign to our task were we to enter on the grounds
of imputation against these parties; and it belongs rather to the
biography of the individuals, or the political history of the times,
than to our humble track, to elucidate the nature and extent of their
alleged offences against the compulsory unity prescribed by the
Covenant and its rigid interpreters—armed with supreme and irresistible
power. But we may be permitted to remark, that it is no ways surprising
that good and honourable men, who, either as avowed friends of the
King, or as honest Covenanters, in 1637, had voluntarily adopted,
or from compulsion yielded to a predominant power, discovered good
and sufficient grounds, in the interval of four years of intestine
commotion, intrigue, and factious procedure—more especially after the
invasion of England and the treaty in London—to shrink from following
in the courses of the “Root and Branch” combination which had sprung
up in both kingdoms during the past year. Without at all entering on
the minutiæ, we are not prepared to concur with some enthusiastic
admirers of the Covenanters in condemning those proscribed individuals,
because they deprecated or dissented from the radicalism (a modern
term, but sufficiently intelligible) of the seventeenth century,
being satisfied perhaps, as we believe they were, that it was not
identical either with reform or religion, and that its spirit and its
tendency were inevitably, as they proved to be at no distant period,
subversive alike of a constitutional monarchy, and of the civil and
religious liberties of the land. Betwixt the conclusion of the treaty
of Berwick and that of London, the cause of the Covenant had entirely
changed its character; and if men of the present day will study with
calmness and impartiality the whole progress of these troubles, and
examine carefully the acts of the Scotch Convention, and those of its
negotiators, he cannot fail, we think, to discern, in the authentic
records of Parliament and otherwise, the most conclusive proofs that
that convention exercised an unlawful and despotical authority, and
employed it for the most vindictive and selfish purposes. Let one of
its decrees suffice as a test of the ruling power. The convention
declared, that in the proceedings against the proscribed individuals,
members of the house might be witnesses as well as judges!

But we proceed with the narrative of events. The King arrived at
Holyrood about six o’clock in the afternoon of Saturday the 14th of
August, having but a small attendance. The Palatine, however, with the
Duke of Lennox, the Marquis of Hamilton, and Lord Willoughby, were in
his train. On the Sunday following, he attended divine service in the
Chapel-Royal, where Alexander Henderson officiated. The King, however,
did not return in the afternoon; “but,” says Balfour, “being wearie,
reposed himself in privat;” and Baillie tells us, with his wonted
simplicity, that “being advertised by Mr Alexander, he promised not to
do so again. Mr Alexander in the morning, and evening before supper,
daily says prayers, reads a chapter and sings a psalm, and says prayers
again. The King hears all duly; and we hear none of his complaints
for want of a liturgy or any ceremonies. On Monday, the King came not
abroad.”

Balfour, however, with all the minuteness and circumstance befitting a
“Lord Lion King-at-Arms,” narrates a number of particulars. The King
held a council, where it was discussed, whether there should be a
“ryding” of the Parliament next day; but, as may easily be conceived,
the King had no spirit, in his present humiliating circumstances, to
take part in a hollow-hearted pageant; and it was resolved that he
should hear sermon in the Abbey Church, and then proceed in his coach
to the Parliament. “After Mr Andrew Ramsay’s long sermon,”[282] this
course was adopted; and we cannot better paint the scene than we find
it in Balfour’s Annals:[283]—

“The Marques Hamilton ves ordained to beare the croune, the Earle
Argyle the scepter, and the Earle of Sutherland the suord.

“The Kinges Maᵗⁱᵉ came to the hous about 11 houres, the heraulds
preceiding the honors, and the trumpets them.

“At his Maᵗⁱᵉˢ entrey wnto the hous, the Laird of Langtone, with a
batton in his hand, went befor the honors as grate wsher, and offred to
make ciuill interruptione for mantinence of his right aganist the Earle
of Vigtone. The King reteired to the inner roume in a choler, and ther
subscriued a varrant to put the La: of Langtone in the castle.

“Then did his Maᵗⁱᵉ enter the hous, and sitts him doune in his chaire,
and, after a prayer said by Mr Alexander Hendersone, hes Maᵗⁱᵉ kyndly
saluting the housse, spake thus:—

“‘My Lords and Gentlemen,’

“‘Ther hath beine nothing so displeassing to me, as thosse vnluckie
differences vich of laite haue hapned betuix me and my subiects; and
nothing that I haue more desyred as to see this day, quherin I houpe,
not onlie to setle thesse vnhapey mistakinges, bot rightly to know and
be knowen of my natiue countrey. I neid not tell you (for I think it is
well knouen to most) quhat difficulties I haue passed by and ouercome
to be heir at this tyme; zet this I will say, that if loue to my natiue
countrey had not beine a cheiffe motiue to this iorney; other respects
might easily haue found a shift to doe that by a commissioner, wich I
am come to performe myselue. Al this considered, I cannot doubt bot to
find such reall testimonies of your affections for the mantinance of
that royall pouer wich I doe inioy after a 108 discents, and wiche you
haue so often professed to manteine, and to wich your auen nationall
othe doeth oblidge you, that I shall not thinke my paines ill bestoued.
Nou the end of my coming is shortly this, to perfecte quhatsoeuer I
haue promissed, and withall to queit thosse distractions wich haue and
may fall out amongest you; and this I mynd not superficially, bot
fully and cheirfullv to doe; for I assure you, that I can doe noething
vith more cheerfulnesse then to giue my people content and a generall
satisfactione. Wherefor, not offring to indeere myselue to you in
vords, (wich indeid is not my way,) I desyre, in the first place, to
settle that wich concerns the religione and iust liberties of this my
natiue countrey, befor I proceid to aney wther acte.’

“The Lord Burlie, president of the parliament, in name of the housse,
made a prettey speiche to hes Maᵗⁱᵉ, of thankes for all the former
demonstrationes of his goodnes, and expressiones of loue to his
Maiesties ancient and natiue kingdome.

“And therafter the Earle of Argyle did second the president, with a
short and pithy harraing, comparing this kingdome to a ship tossed in a
tempestuous sea, thir zeires by past; and seing his Majesty had, lyke
a skillfull pilote, in the tymes of most danger, steired her throughe
so maney rockes and shelwes, to saue anchor, he did humbly intreat his
Maᵗⁱᵉ that nou he wold not leaue her, (since that for her saftie lie
had giuen way to cast out some of the naughtiest baggage to lightin
her,) bot be gratiously pleassed to setle her in her secure statione
and harbour againe.

“Hes Maᵗⁱᵉ offred to ratifie the 39 actes of this parl: 22 Junij, 1639
[40] which the housse humbley intreated hes Maiestie to superseid,
till, according to the orders of the housse, they had taken them 24
houres to ther considerations; wich with a declaratione insert in the
recordes of parl: of hes Maᵗⁱᵉˢ villingnes to doe that, and the housses
earnist and humble supplicatione to his Maᵗⁱᵉ for keiping the orders of
the housse; to wich he condescendit.

“The housse did humblie supplicat hes Maᵗⁱᵉ that he wold not comitt
Langtone to the castle, and so dismember ther housse. His Maᵗⁱᵉ
declared, that he [had] not done it for the respecte of aney subiecte,
bot for the affront done to his auen persone, for intruding him in his
seruice without acquantlng hes Maᵗⁱᵉ therwith. After much intretey, his
Maᵗⁱᵉ wes gratiously pleassed onlie to confyne him till to morrow to
his auen chamber. So with a prayer, his Maᵗⁱᵉ returned to his palace of
Holyrudhousse to dinner.

“The croune, scepter, and suord, wer lefte in the parl: housse, in
custodey of the Lordes Constable and Marishall till the last day of the
parl: and ordained by his Maᵗⁱᵉ eurey day to be produced, and by the
Lyone K. of Armes layed one the table befor the throne.”

Baillie’s account is not less significant of the King’s feelings on
this occasion. “He spoke very graceously. The Preses and then Argyle
answered him with cordial harangues of welcome. His Majesty offered
presently, without delay, to put his sceptre to the thirty-nine Acts of
Parliament enjoined in the treaty. He was intreated, according to the
order of the house, to suspend till to-morrow; at which time he pressed
again that he might ratify the Acts. He was intreated to delay till
the return of the Commissioners, who were present at the treaty: at
last he was intreated so to do.” (Vide also Acts, vol. v., p. 362.)

The day following Balmerino was chosen President in place of Burlie—and
the King consented to defer his ratification of the Acts passed on 22d
of June 1640, till the return of the Scotch Commissioners; meanwhile,
all the incendiaries who were tangible were imprisoned in the castle,
and a variety of preparatory steps taken for energetic legislation;
and the Covenant, as a matter of course, was displayed. On the 24th of
August, the Treaty betwixt the Commissioners of both Kingdoms, ratified
in the Parliament of England, was read; and the same day another Act
of the English Parliament for payment of £110,000, of the “brotherly
assistance” at Midsummer 1642, and a similar sum in 1643, was produced.
Orders for disbanding the army, and paying it off were also issued. On
the 25th of August, the King signed the treaty with England in face of
Parliament. Next day, it was ratified as an Act, by touching with the
sceptre, and the royal sign manual—ordered to be exemplified under the
great seal—and delivered to the English Commissioners; and on the 28th,
his Majesty, with consent of the Estates, ordained the Acts, passed
in June 1640, being in number thirty-nine, to be published in his
Majesty’s name, in terms of the treaty.[284]

And thus Charles I., with all these formal solemnities, ratified a
series of statutes, which, up to that hour, were utterly destitute of
legal sanction—abandoned all his ill-advised schemes of ecclesiastical
policy, and substantially, as will speedily appear, relinquished the
most important prerogatives of the crown—devolving its functions
entirely into the hands of an encroaching and tyrannical popular
convocation, whose sole authority was derived from the power of the
sword, and not from the constitutional law of the land.

The extent to which the Estates meant to carry their pretensions, was
speedily exemplified; for, on 6th September, the demand made by the
Commissioners in March preceding, as to the appointment of the Officers
of State, Privy Counsellors, and Lords of Session, was read in the
house; and, on the 16th, the King signified to the Estates that he
would nominate the executive officers of his government above alluded
to, with “the advice” of the Estates; thus transferring the undoubted
and constitutional prerogative, which, except in those troublous
times, has ever belonged to the Sovereign of these realms, into the
hands of the Parliament, and combining, in one popularly constituted
and self-created body, both the legislative and executive functions:
a system of government which has ever been found alike injurious to
the cause of genuine freedom, and mischievous in its consequences to
society, wherever it has existed. As might be expected, when “the house
had receaved this gratious ansswer from his Majesties owne mouthe,
they all arrosse, and bowed themselves to the ground.”[285] The results
of this most unwise act of the King was speedily manifested in the
apponitments which followed.

On the 20th day of the same month, (vide Acts, vol. v., 406,) the King
exhibited lists of privy-counsellors and officers of state, expressing
a hope that the house would only state reasonable objections. Argyle,
however, vehemently objected to Morton as chancellor. The latter
retorted that for twenty years he had educated and protected Argyle,
and had obtained for him the numerous beneficial possessions and
honours which he enjoyed. The advice of the house was procrastinated;
and on the 22d a proposal was made that the _election_ of the officers
of state and counsellors should take place “by billets or schedules,”
on the ground that “men, for feares or houpes, might stand in awe to
use the liberty of their consciences!” The King justly remarked that,
in his opinion, “that man that feared to voice freelie was not worthy
to sitt in the House.” There was much debate on the subject. Morton,
to avoid dissension betwixt the King and the People, besought that his
name as chancellor might be withdrawn; and subsequently his Majesty
proposed Loudoun as chancellor, and urged the house to give its fiat
upon his list; and, at length, after much delay and heart-burning,
Loudoun was named Lord Chancellor, with the unanimous concurrence of
the house, but to the disappontment of Argyle, who evidently aspired
to the office. During this interval, the struggles and intrigues
which prevailed for place and for power, were incessant; and bitter
jealousies among the “covenanted” statesmen, sprung up as rife as among
men of less spiritual pretension. The treasury was put in commission,
to divide the power and emolument among the parties, when Glencairn,
Lindsay, and Argyle were fitted with places. Orbiston was patronised by
Hamilton for the office of Clerk-Register, (Hay being under process,)
while Johnston was the elect of his adherents; but, ultimately,
Gibson of Durie was appointed and Johnston was dubbed a knight, and,
for his consolation, appointed a Lord of Session, and Orbiston made
Justice-Clerk. The Marquis of Huntly and eight other Lords nominated by
the King, were superseded, and an equal number of the covenanting Lords
substituted in their place as Members of Council. And, to make room for
their friends, Sir Robert Spottiswood, (President of the Session,) Sir
William Elphingston, (Justice-Clerk,) Sir John Hay, and Sir Patrick
Nisbit, were removed as judges, and Leslie of Newton, Sir Thomas Hope,
(the Lord Advocate’s son,) Hepburn of Huntly, and Johnston appointed
in their stead. Having now moulded the executive departments to their
own satisfaction, and reduced the royal authority to a shadow, the
Parliament proceeded in the work of reformation at a rapid pace. The
conformation of the executive at that time being eminently illustrative
of the spirit of the Scottish Estates, we subjoin, in a note, a list
of the functionaries who were installed under the first reformed
Parliament of Charles I.,[286] leaving all details of Parliamentary
proceedings and squabbles among the jarring factions which then
prevailed, to be gathered from the appropriate chronicles of the times.

while the King was resident in Scotland during these transactions,
and harrassed by the unceasing turmoils among the leading men in his
northern parliament, and tortured with the rising flame of faction
in England, the natural effects of those commotions, and the total
disruption of society in Britain, were fearfully developed in Ireland.
On the 1st of November 1641, his Majesty received, by express,
accounts of a rebellion and widely extended massacre by the Papists of
Ireland, of his Protestant subjects in that portion of his empire. Of
that rebellion we shall extract an account from the pages of Hume,
whose liberality will scarcely be called in question by the most
liberal parties of the present day, in regard to religious sects of
all sorts;[287] and this we prefer to any attempt of our own, lest
our Presbyterian leanings might subject us to misconstruction in
exhibiting the characteristics of that atrocious occurrence. It is an
episode, doubtless, in the annals of the Church of Scotland, but an
episode, closely connected with that history, and full of instruction
at the present day—and not the less so that the conflagration which
overspread Ireland with horrors, was kindled by the fires which were
first lighted up on Dunse Law and at Newburn. The moral of that sad
tale may be practically applied with important benefit in the passing
hour, when disruption in our constitutional establishments is imminent,
when democracy is stalking abroad with its torch and its dagger, and
when incendiarism and murder are perpetrated in Ireland to an appalling
extent with impunity, and seemingly beyond the reach of repression in
that devoted land.

“After Strafford fell a victim to popular rage, the humors excited
in Ireland by that great event could not be suddenly composed, but
continued to produce the greatest innovations in the government.

“The British Protestants, transplanted in Ireland, having every moment
before their eyes all the horrors of Popery, had naturally been carried
into the opposite extreme, and had universally adopted the highest
principles and practices of the Puritans: monarchy, as well as the
hierarchy, was become odious to them; and every method of limiting
the authority of the Crown, and detaching themselves from the King of
England, was greedily adopted and pursued. They considered not, that as
they scarcely formed the sixth part of the people, and were secretly
obnoxious to the ancient inhabitants, their only method of supporting
themselves was by maintaining royal authority, and preserving a great
dependence on their mother-country. The English Commons, likewise,
in their furious persecution of Strafford, had overlooked the most
obvious consequences; and, while they imputed to him, as a crime,
every discretionary act of authority, they despoiled all succeeding
governors of that power, by which alone the Irish could be retained in
subjection: and so strong was the current for popular government in all
the three kingdoms, that the most established maxims of policy were
everywhere abandoned, in order to gratify this ruling passion.

“Charles, unable to resist, had been obliged to yield to the Irish, as
to the Scottish and English Parliaments; and found, too, that their
encroachments still rose in proportion to his concessions. Those
subsidies, which themselves had voted, they reduced by a subsequent
vote to a fourth part: the court of high commission was determined to
be a grievance; martial law abolished; the jurisdiction of the council
annihilated; proclamations and acts of state declared of no authority;
every order or institution, which depended on monarchy, was invaded;
and the prince was despoiled of all his prerogative, without the least
pretext of any violence or illegality in his administration.

“The old Irish remarked all these false steps of the English, and
resolved to take advantage of them. Though their animosity against
that nation, for want of an occasion to exert itself, seemed to be
extinguished, it was only composed into a temporary and deceitful
tranquillity: their interests, both with regard to property and
religion, secretly stimulated them to a revolt. No individual of
any sept, according to the ancient customs, had the property of any
particular estate; but as the whole sept had a title to a whole
territory, they ignorantly preferred this barbarous community before
the more secure and narrower possessions assigned them by the English.
An indulgence, amounting almost to a toleration, had been given to the
Catholic religion: but so long as the churches and the ecclesiastical
revenues were kept from the priests, and they were obliged to endure
the neighbourhood of profane heretics, being themselves discontented,
they continually endeavoured to retard any cordial reconciliations
between the English and the Irish nations.

“There was a gentleman called Roger More, who, though of a narrow
fortune, was descended from an ancient Irish family, and was much
celebrated among his countrymen for valour and capacity: this man
first formed the project of expelling the English, and asserting the
independency of his native country. He secretly went from chieftain
to chieftain, and roused up every latent principle of discontent: he
maintained a close correspondence with Lord Maguire and Sir Phelim
O’Neale, the most powerful of the old Irish: by conversation, by
letters, by his emissaries, he represented to his countrymen the
motives of a revolt. He observed to them, that by the rebellion of the
Scots, and factions of the English, the King’s authority in Britain
was reduced to so low a condition, that he never could exert himself
with any vigour in maintaining the English dominion over Ireland;
that the Catholics in the Irish House of Commons, assisted by the
Protestants, had so diminished the royal prerogative and the power of
the lieutenant, as would much facilitate the conducting, to its desired
effect, any conspiracy or combination which could be formed; that the
Scots, having so successfully thrown off dependence on the crown of
England, and assumed the government into their own hands, had set an
example to the Irish, who had so much greater oppressions to complain
of; that the English planters, who had expelled them their possessions,
suppressed their religion, and bereaved them of their liberties,
were but a handful in comparison of the natives; that they lived in
the most supine security, interspersed with their numerous enemies,
trusting to the protection of a small army, which was itself scattered
in inconsiderable divisions throughout the whole kingdom; that a great
body of men, disciplined by the government, were now thrown loose, and
were ready for any daring or desperate enterprise; that though the
Catholics had hitherto enjoyed, in some tolerable measure, the exercise
of their religion from the moderation of their indulgent prince, they
must henceforth expect that the government will be conducted by other
maxims and other principles; that the puritanical parliament, having at
length subdued their sovereign, would, no doubt, as soon as they had
consolidated their authority, extend their ambitious enterprises to
Ireland, and make the Catholics in that Kingdom, feel the same furious
persecution to which their brethren in England were at present exposed;
and that a revolt in the Irish, tending only to vindicate their native
liberty against the violence of foreign invaders, could never, at any
time, be deemed rebellion; much less during the present confusion,
when their prince was, in a manner, a prisoner; and obedience must be
paid, not to him, but to those who had traitorously usurped his lawful
authority.

“By these considerations, More engaged all the heads of the native
Irish into the conspiracy. The English of the pale, as they were
called, or the old English planters, being all Catholics, it was hoped
would afterwards join the party, which restored their religion to its
ancient splendour and authority. The intention was, that Sir Phelim
O’Neale and the other conspirators, should begin an insurrection on
one day throughout the provinces, and should attack all the English
settlements; and that, on the same day, Lord Maguire and Roger
More should surprise the castle of Dublin. The commencement of the
revolt was fixed on the approach of winter, that there might be more
difficulty in transporting forces from England: succours to themselves
and supplies of arms they expected from France, in consequence of a
promise made them by Cardinal Richelieu; and many Irish officers, who
served in the Spanish troops, had engaged to join them as soon as they
saw an insurrection entered on by their Catholic brethren. News, which
every day arrived from England, of the fury expressed by the Commons
against all Papists, struck fresh terror into the Irish nation, and
both stimulated the conspirators to execute their fatal purpose, and
gave them assured hopes of the concurrence of all their countrymen.

“Such propensity to a revolt was discovered in all the Irish, that it
was deemed unnecessary as it was dangerous to entrust the secret to
many hands; and the appointed day drew nigh, nor had any discovery
been yet made to the government. The king, indeed, had received
information from his ambassadors, that something was in agitation
among the Irish in foreign parts; but, though he gave warning to the
administration in Ireland, the intelligence was entirely neglected:
secret rumours likewise were heard of some approaching conspiracy; but
no attention was paid to them. The Earl of Leicester, whom the King had
appointed lieutenant, remained in London: the two justices, Sir William
Parsons and Sir John Borlace, were men of small abilities; and, by an
inconvenience common to all factious times, owed their advancement
to nothing but their zeal for the party by whom everything was now
governed. Tranquil from their ignorance and inexperience, these men
indulged themselves in the most profound repose on the very brink of
destruction.

“But they were awakened from their security on the very day before
that which was appointed for the commencement of hostilities.[288] The
castle of Dublin, by which the capital was commanded, contained arms
for 10,000 men, with thirty-five pieces of cannon and a proportionable
quantity of ammunition: yet was this important place guarded, and that
too without any care, by no greater force than fifty men. Maguire and
More were already in town with a numerous band of their partisans;
others were expected that night: and, next morning, they were to enter
on what they esteemed the easiest of all enterprises, the surprisal
of the castle. O’Conolly, an Irishman, but a Protestant, betrayed the
conspiracy to Parsons: the justices and council fled immediately for
safety into the castle, and reinforced the guards: the alarm was
conveyed to the city, and all the Protestants prepared for defence.
More escaped; Maguire was taken; and Mahone, one of the conspirators,
being likewise seized, first discovered to the justices the project of
a general insurrection, and redoubled the apprehensions which already
were universally diffused throughout Dublin.

“But though O’Conolly’s discovery saved the castle from a surprise, the
confession extorted from Mahone came too late to prevent the intended
insurrection. O’Neale and his confederates had already taken arms in
Ulster: the Irish, everywhere intermingled with the English, needed
but a hint from their leaders and priests to begin hostilities against
a people whom they hated on account of their religion, and envied for
their riches and prosperity. The houses, cattle, goods of the unwary
English were first seized: those who heard of the commotions in their
neighbourhood, instead of deserting their habitations, and assembling
for mutual protection, remained at home, in hopes of defending their
property; and fell thus separately into the hands of their enemies.
After rapacity had fully exerted itself, cruelty—and the most barbarous
that ever in any nation was known or heard of—began its operations:
a universal massacre commenced of the English, now defenceless, and
passively resigned to their inhuman foes: no age, no sex, no condition
was spared: the wife, weeping for her butchered husband, and embracing
her helpless children, was pierced with them, and perished by the same
stroke: the old, the young, the vigorous, the infirm, underwent a
like fate, and were confounded in one common ruin. In vain did flight
save from the first assault; destruction was everywhere let loose,
and met the hunted victims at every turn: in vain was recourse had to
relations, to companions, to friends: all connections were dissolved,
and death was dealt by that hand from which protection was implored
and expected. Without provocation, without opposition, the astonished
English, living in profound peace and full security, were massacred by
their nearest neighbours, with whom they had long upheld a continual
intercourse of kindness and good offices.

“But death was the slightest punishment inflicted by those rebels: all
the tortures which wanton cruelty could devise, all the lingering pains
of body, the anguish of mind, the agonies of despair, could not satiate
revenge excited without injury, and cruelty derived from no cause.
To enter into particulars would shock the least delicate humanity:
such enormities, though attested by undoubted evidence, appear almost
incredible: depraved nature, even perverted religion, encouraged by the
utmost license, reach not to such a pitch of ferocity; unless the pity
inherent in human breasts be destroyed by that contagion of example,
which transports men beyond all the usual motives of conduct and
behaviour.

“The weaker sex themselves, naturally tender to their own sufferings
and compassionate to those of others, here emulated their more robust
companions in the practice of every cruelty: even children, taught
by the example, and encouraged by the exhortation of their parents,
essayed their feeble blows on the dead carcasses or defenceless
children of the English. The very avarice of the Irish was not a
sufficient restraint of their cruelty: such was their frenzy, that
the cattle which they had seized, and by rapine made their own, yet,
because they bore the name of English, were wantonly slaughtered, or,
when covered with wounds, turned loose into the woods and deserts.

“The stately buildings or commodious habitations of the planters, as if
upraiding the sloth and ignorance of the natives, were consumed with
fire, or laid level with the ground; and where the miserable owners,
shut up in their houses, and preparing for defence, perished in the
flames, together with their wives and children, a double triumph was
afforded to their insulting foes.

“If any where a number assembled together, and, assuming courage from
despair, were resolved to sweeten death by revenge on their assassins;
they were disarmed by capitulations and promises of safety, confirmed
by the most solemn oaths: but no sooner had they surrendered, than the
rebels, with perfidy equal to their cruelty, made them share the fate
of their unhappy countrymen.

“Others, more ingenious still in their barbarity, tempted their
prisoners by the fond love of life, to imbrue their hands in the
blood of friends, brothers, parents; and having thus rendered them
accomplices in guilt, gave them that death which they sought to shun by
deserving it.

“Amidst all these enormities, the sacred name of religion resounded on
every side; not to stop the hands of these murderers, but to enforce
their blows, and to steel their hearts against every movement of
human or social sympathy. The English, as heretics, abhorred of God,
and detestable to all holy men, were marked out by the priests for
slaughter; and, of all actions, to rid the world of these declared
enemies to Catholic faith and piety, was represented as the most
meritorious. Nature, which, in that rude people, was sufficiently
inclined to atrocious deeds, was farther stimulated by precept, and
national prejudices empoisoned by those aversions, more deadly and
incurable, which arose from an enraged superstition. While death
finished the sufferings of each victim, the bigoted assassins, with joy
and exultation, still echoed in his expiring ears, that these agonies
were but the commencement of torments infinite and eternal.

“Such were the barbarities by which Sir Phelim O’Neale and the Irish
in Ulster signalised their rebellion:—an event memorable in the annals
of humankind, and worthy to be held in perpetual detestation and
abhorrence. The generous nature of More was shocked at the recital of
such enormous cruelties: he flew to O’Neale’s camp; but found that his
authority, which was sufficient to excite the Irish to an insurrection,
was too feeble to restrain their inhumanity. Soon after, he abandoned
a cause polluted by so many crimes, and he retired into Flanders; Sir
Phelim, recommended by the greatness of his family, and perhaps too by
the unrestrained brutality of his nature, though without any courage
or capacity, acquired the entire ascendant over the northern rebels.
The English colonies were totally annihilated in the open country of
Ulster: the Scots, at first, met with more favourable treatment. In
order to engage them to a passive neutrality, the Irish pretended to
distinguish between the British nations; and, claiming friendship and
consanguinity with the Scots, extended not over them the fury of their
massacres. Many of them found an opportunity to fly the country: others
retired into places of security, and prepared themselves for defence:
and by this means, the Scottish planters, most of them at least,
escaped with their lives.

“From Ulster, the flames of rebellion diffused themselves in an instant
over the other three provinces of Ireland: in all places death and
slaughter were not uncommon, though the Irish in these other provinces
pretended to act with moderation and humanity—but cruel and barbarous
was their humanity. Not content with expelling the English their
houses, with despoiling them of their goodly manors, with wasting
their cultivated fields, they stripped them of their very clothes, and
turned them out, naked and defenceless, to all the severities of the
season. The heavens themselves, as if conspiring against that unhappy
people, were armed with cold and tempest unusual to the climate, and
executed what the merciless sword had left unfinished. The roads were
covered with crowds of naked English, hastening towards Dublin and
the other cities which yet remained in the hands of their countrymen:
the feeble age of children, the tender sex of women, soon sunk under
the multiplied rigours of cold and hunger. Here, the husband, bidding
a final adieu to his expiring family, envied them that fate which
he himself expected so soon to share: there, the son, having long
supported his aged parent, with reluctance obeyed his last commands;
and, abandoning him in his uttermost distress, reserved himself to the
hopes of avenging that death which all his efforts could not prevent
or delay. The astonishing greatness of the calamity deprived the
sufferers of any relief from the view of companions in affliction: with
silent tears or lamentable cries, they hurried on through the hostile
territories; and found every heart which was not steeled by native
barbarity, guarded by the more implacable furies of mistaken piety and
religion.

“The saving of Dublin preserved in Ireland the remains of the English
name: the gates of that city, though timorously opened, received the
wretched supplicants, and presented to the view a scene of human misery
beyond what any eye had ever before beheld. Compassion seized the
amazed inhabitants, aggravated with the fear of like calamities; while
they observed the numerous foes without and within which everywhere
environed them and reflected on the weak resources by which they were
themselves supported. The more vigorous of the unhappy fugitives,
to the number of 3000, were enlisted into three regiments: the rest
were distributed into the houses; and all care was taken, by diet and
warmth, to recruit their feeble and torpid limbs; diseases of unknown
name and species, derived from these multiplied distresses, seized many
of them, and put a speedy period to their lives: others, having now
leisure to reflect on their mighty loss of friends and fortune, cursed
that being which they had saved. Abandoning themselves to despair,
refusing all succour, they expired; without other consolation than that
of receiving among their countrymen, the honours of a grave, which to
their slaughtered companions had been denied by the inhuman barbarians.

“By some computations, those who perished by all these cruelties, are
supposed to be 150,000, or 200,000; by the most moderate, and probably
the most reasonable account, they are made to amount to 40,000; if
this estimation itself be not, as is usual in such cases, somewhat
exaggerated.”

Such were the calamitous circumstances in which the Kingdoms of Britain
and Ireland were placed at the period to which we now refer, arising,
primarily from the mistaken policy of the King, in attempting to rule
the nations under his sway, (in which the seeds of public liberty had
been planted at the time of the Reformation, and had become widely
disseminated,) solely by virtue of the royal prerogative, suited only
to a very different state of society. The dissolution and entire
disuse of Parliaments in England, the wealthier of his Kingdoms—his
rash attempt to enforce, by mere authority, an equivocal system of
Episcopacy in Scotland—the results of these several unfortunate
measures, which we have already detailed—and the fatal error which
he committed in sacrificing one of his most heroical and devoted
friends, Stratford, to the antipathy of the English Puritans and
Republicans—combined to produce the lamentable state of affairs which
we are now contemplating; and, assuredly, if ever a human being, in the
whole range of history, has claims on our commiseration, that man was
Charles I., when, in the month of November 1641, the tidings of this
horrible carnage in Ireland reached him, at Holyrood, in the palace of
his ancestors, and in the bosom of his fatherland, of which he was now,
indeed, but a nominal sovereign. We pause not to detail the particulars
of those jealousies and jarrings, the “plots” and “incidents,” which at
the moment surrounded him in Scotland, or awaited him in England, on
his return thither, of which ample accounts are elsewhere to be found.
On receiving the news of the Irish massacre, the King immediately went
to the Parliament House and communicated the intelligence, calling on
the Estates to co-operate with the Parliament of England in suppressing
this frightful rebellion. And although he repeatedly urged them to the
dispatch of business, that he might return to England in the exigency
of these complicated national affairs, it was not until the 17th
day thereafter that he was enabled to prorogue the Parliament—the
intermediate time being consumed in an infinite variety of legislative
proceedings, many of them trivial, but others of them eminently
calculated to consolidate the supremacy of the Estates, and to benefit
and strengthen the Presbyterian Church now firmly established. The
first long parliament of Scotland was adjourned on the 17th of November
1641, and continued till the 1st Tuesday of June 1644.[289] The King
entertained all the nobility in the great banquet-hall of the palace,
in the evening—after having previously bestowed honours on the chiefs
among them; and early next morning, he set out on his journey towards
London, never to revisit the home of his fathers, or to look with
patriotic emotion on the hills of his native land.

Without enumerating all the public Statutes of this Parliament, it is
important to notice some of them, and the acts of grace and favour
bestowed by the King, during his residence, on that occasion.

Among the honours conferred, the Earl of Argyle was created a Marquis;
the Lords Loudoun and Lindsay, and General Leslie, were promoted to
the rank of Earls; and, to grace the elevation of the man who had
twice been the leader in baffling his King in the field, four of his
attendants were knighted. Balmerino was overlooked in this distribution
of titles, and Rothes was cut off by death, from reaping, in a higher
title, the first fruits of his exertions to shear the crown of its
beams; thus eluding, too, the unpopularity which was impending over
him, as a backslider in the cause of the Covenant. In this particular
he was not singular; for Dunfermline and the Lairds of Waughton,
Cavers, Riccarton, and others, besides Montrose and his “banders,”
fell into discredit, on account of their “cauldrifeness” in the cause;
whilst Hamilton, Traquair, and others were destined to suffer all the
varieties of fortune, which political revolutions and popular favour,
alternately and invariably exhibit.

But these were not the only boons which were bestowed by Charles on his
Scottish subjects, and which called forth from the Lord Chancellor,
Loudoun, and Sir Thomas Hope, in the face and name of Parliament, at
its close, the grateful declaration, that his Majesty had given his
Estates satisfaction in all things concerning religion and liberty,
and that he was about to depart “a contented king from a contented
country.” Among the more substantial largesses on this occasion,
General Leslie, now Earl of Leven, obtained 100,000 merks out of
the “brotherly assistance;” Alexander Henderson received a gift of
the revenues belonging to the dean of the chapel royal; while other
leading men, cities and universities, cast lots for the garments which
had previously clothed the Episcopal establishment. The bishopricks
and deanery of Edinburgh and Orkney, were bestowed on the university
of Edinburgh. That of St Andrew’s obtained £1000 sterling per annum,
out of the bishoprick and priory of St Andrew’s. The bishoprick of
Galloway, and spirituality of Glasgow were given to its college, while
the temporalities of the latter were bestowed on the Duke of Lennox.
The old college of Aberdeen got its bishoprick revenues. The town of
Perth got a moiety of the revenues of Dunkeld, to build a bridge over
the Tay; the Hammermen of Edinburgh (doubtless for services in their
own department) receiving the remainder. Argyle secured the revenues
of that see and of the Isles, whilst Ross, Moray, and Caithness, were
distributed amongst other zealous friends of the cause. These vulgar
facts go far to explain some of the public phenomena of “the Second
Reformation,” and to account for the zeal which had been manifested
under the banner, with “Christ’s Crown and Covenant, in letters of
gold,” inscribed upon its foldings. For the working clergy—for the
Church, in its ordinary acceptation, nothing was done in this scramble
for a share of the plunder; but the discontent thus excited, was
partially allayed by the appointment of a Commission to value the
teinds, and grant augmentations to the parish ministers—a barren and
unfruitful gift, which left many of the Presbyterian clergy, for a long
period, in a state approaching to pauperism, until within the last
thirty years, that a decent provision was made for the maintenance of
the Scottish Church, by an act of the British Parliament.[290]

The only other act of the King and Estates of Scotland in 1641, to
which our attention is more especially called at present, is that
by which a commission of that body was appointed as Conservators of
the late treaty of peace with England, and under this guise invested
with all the executive powers of the Crown, and the functions of
Parliament. It consisted of fifty-six members, of whom seventeen were
peers, twenty-one barons, and eighteen burgesses, any twelve of them a
quorum; and on this junto was devolved, for the space of three years,
with all the formalities of law, the supreme authority of the state,
enabling them to levy men and taxes, and exercise uncontrolled sway
over the land as they listed. Henceforward the Scottish monarchy was
in abeyance, and the kingly authority and prerogatives extinguished,
and the government vested in a motley oligarchy, to whose unlimited
sway, no constitutional check was provided, save the remote contingency
of rendering an account of their conduct to a full Parliament, to be
held at the distance of three years thereafter. This extraordinary
arrangement has been lauded by some historians, as a wise and safe
measure; but we take leave to dissent from the theory, and to think
that, had the royal prerogative of calling parliaments, not been thus
practically abrogated for a time, many of the calamities which ensued
in both kingdoms, might have been averted or greatly softened in their
character.

But leaving Scotland, for the present, under the sway of its
Parliamentary Commission, our attention is unavoidably called to the
state of matters in England, after the King returned thither on the
25th of November. On that occasion he was warmly welcomed by the
citizens of London, and sumptuously banqueted by the corporation,
which His Majesty requited by bestowing honours on the chief
functionaries. The amicable termination of the Scottish Parliament,
and the prostration of royal authority which had there taken place,
inspired the English malcontents at once with jealousy, lest their
own schemes might eventually be thwarted by a good understanding
betwixt Charles and his Scottish subjects—and with hopes that, by
intimidation and coercion, they might constrain him into a similar
subjection to their own designs. For this purpose, and in striking
contrast with the professions of loyalty which had greeted the King’s
return to Whitehall, the Commons appointed a committee to draw up a
catalogue of grievances, which, when finally concocted in the shape of
a “Remonstrance,” contained no fewer than 206 articles of accusation,
enumerating almost every act of the King since his accession, as
infringements of the liberties of the people. This remonstrance,
or rather impeachment, was presented to the King, calling on him,
amongst other unconstitutional propositions, to concur in ejecting the
bishops from the House of Peers; and, without consulting the other
branch of the legislature on the subject, the Commons, in violation
of all the usages of Parliament, printed and dispersed it over the
country, thereby exciting an agitation, and spreading this firebrand
of sedition throughout the whole land. Proceedings of a most violent
nature were also instituted against the bishops who had recently
absented themselves from Parliament under protest, being deterred from
attendance by the violence of the mob, which had been incited by the
usual methods to insult and assail them personally. And the collision
betwixt the King and the Commons was brought to a crisis by His Majesty
going to the house in person, to arrest with an armed force, five of
its members, as guilty of high treason, by reason of the part which
they had acted in various matters. In this he failed—the objects of his
resentment having escaped from the effects of his immediate and natural
resentment. Failing in his object, the irritation of the Commons was
unbounded, and the populace was so much excited by the alarm, real
or affected, of the Commons, lest their personal safety and their
privileges were endangered, that the King, to avoid indignity and
outrage to himself and his family, (on January 10,) left Whitehall and
retired to Hampton Court—a removal which afforded to the Commons and
their supporters, the populace of London, a great advantage over him.
The Commons had impeached the Bishops, and the King had impeached Lord
Kimbolton, Hampden, Pym, and others of the Commons, as guilty of high
treason; one chief ground of the latter being an accusation against
them, that the Scots invasion had been mainly occasioned by their
invitation and encouragement, of which it has been said that Montrose
furnished the King with information.

During the progress of these agitations in England, the spirit which
guided them extended to Scotland; and the multitude, who, once
excited by popular movements, are ever liable to sudden impulses from
incendiary excitement elsewhere, joined in the clamours of the English
malcontents, threatening to carry another crusade into England, and to
aid in the subversion of its Church, and against the King—a project
in which they were countenanced by too many of the Scotch clergy and
politicians of the day. Even Henderson, the best, and, perhaps, the
brightest man of which Scotland could then boast, incurred unpopularity
for opposing this piece of extravagance. Balmerino, Lothian, Lindsay,
Archibald Johnston, and Hope the younger, having been sent up by the
Scotch Committee of Estates, to negotiate with the English Parliament
about sending troops to Ireland, were not contented to restrict
themselves within the limits of their commission, but renewed their
intrigues (as during the progress of the treaty of peace,) with the
wildest of the English incendiaries; and, on the 15th of January,
1642, had the audacity, under a pretext of mediating betwixt the King
and his English Parliament, to make written communications to both,
embodying the sentiments which they cherished, for the destruction of
Episcopacy in England and the planting of Presbytery in its stead.
A theory was then prevalent, which has been revived even in more
recent times, that Presbytery is clothed with a _jus divinum_—that
it alone and exclusively is the form of church-government sanctioned
by Scripture—and that it was the bounden duty of its professors,
like the Propaganda of Rome, to exert themselves in its extension
to all the nations of the earth. This phantasy was evidently not
merely inconsistent, but irreconcilable with the maxims on which they
themselves had avowedly acted in resisting the imposition of the
Service Book and Episcopal Canons on Scotland: but no incongruity of
principle or conduct is too gross for fanatics of any sort; and, as
remarked by Dr Cook, “their vehement complaints against the Church
of England are entitled to as little attention as the contemptuous
aspersions which the zealots for prelacy, even at the present day, cast
upon every form of ecclesiastical polity different from their own.” The
King indignantly prohibited such officious interferences, and, on the
26th of the same month, wrote to the Chancellor of Scotland, requesting
that the Council would prohibit these mischievous meddlers from
indulging in such practices.[291] The Parliament, however, received
this intervention most graciously, encouraged their sympathizing
testimonies, and opened correspondence with the most bustling
Covenanters in Scotland, to secure co-operation and support in their
destructive projects.[292]

The differences betwixt the King and his English Parliament had now
assumed a very decisive character; and for some time, it had been
evident that no accommodation could be effected otherwise than by
the _ultima ratio_—the sword. The King proceeded to York on the
10th of March; and, on the 23d day of April, went to Hull, with an
attendance of 300 cavalry, his usual guard; but Sir John Hotham, the
Governor, refused him admission within its walls with more than twelve
attendants, assigning as his warrant an order from the Parliament.[293]
The King pronounced him a traitor; and thus the civil war in England
may be said to have commenced.

A very unprofitable question has often been agitated with regard to
who began the civil war. In this particular stage of it, however,
there seems to be no room for doubt: by the pretensions of the
Parliament, or rather of the House of Commons, to the entire control
over the militia and army, which the King refused to concede, but more
especially by this mandate to the governor of Hull, to refuse admission
to their sovereign, with such a military attendance as he might deem
fitting—that body usurped a prerogative inherent in the crown from
the earliest times of the monarchy, and inseparable from the supreme
executive authority in every country.

Whatever may be said by partisan advocates as to the King’s
intentions—of his procuring military munitions, pledging the crown
jewels for these and such like pretexts—all these apologies for the
Commons are utterly irrelevant; and the logic by which they are
enforced, is akin to that by which the same faction, in a decree of
constructive treason, converted a cluster of insufficient facts into an
offence, for which they shed Stratford’s blood. That the command of the
army—that military occupation of every place within his dominions—are
essential elements in the prerogatives of a British monarch, (subject
only to the constitutional control of the Commons, in withholding
supplies for its maintenance, if they see cause,)—is a proposition
that cannot be soundly questioned. And, independently of every other
consideration, this single overt act of usurpation of supreme executive
functions, was unconstitutional, and an undeniable act of rebellion on
the part of the English Parliament.

While these high points of controversy were in dependence betwixt the
King and the Commons, (for from the commencement of the troubles, the
House of Lords unfortunately relinquished its independent jurisdiction,
instead of operating as a check on the two other conflicting branches
of the legislature,) the King was intent on raising forces not merely
for the maintenance of his authority at home, but for the suppression
of the Irish rebellion, and he purposed heading the forces to be
supplied from England and Scotland for this latter purpose. The
republicans of that day, however, in both kingdoms, were averse to
this, fearing lest the King might win the attachment of the army, and
thereby quash their projects. In Scotland, Loudoun the chancellor, by
his Majesty’s command, convened the Council; and the work of agitation
having preceded its meeting, multitudes thronged to Edinburgh, and
petitioned the Council that nothing should be done “prejudicial to the
work of reformation, and the treaty of union betwixt the kingdoms.” The
most malign surmises as to the King’s intentions, were propagated and
believed by the vulgar, while the real incendiaries in both kingdoms
were scattering their firebrands far and wide, and by the most approved
modes of open and clandestine excitement.

While the political affairs of the three kingdoms were in this
unsettled and perilous state, and all the elements of social
disorganization let loose in every quarter of these islands, the
General Assembly of the church convened at St Andrews on the 27th
of July 1642. We now proceed to record its Acts, and give in our
supplement of documents, a detailed account of its proceedings by
Baillie, which presents a very lively picture of the feverish state of
the public mind at the period now referred to.




  THE PRINCIPALL ACTS
  OF THE GENERALL ASSEMBLY, CONVEENED AT
  ST ANDREWS, JULY 27, 1642.

Act, Sess. I. 27 July, 1642.

_The Kings Letter to the Generall Assembly, presented by His Majesties
Commissioner, the Earle of Dumfermling, July 27, 1642._

CHARLES R.

In the midst of Our great and weighty affaires of Our other Kingdoms,
which God Almighty, who is privie to Our Intentions, and in whom We
trust, will in his own time bring to a wished and peaceable conclusion,
We are not unmindfull of that duetie which we owe to that Our ancient
and native Kingdome, and to the Kirks there, now met together by their
Commissioners in a Nationall Assembly. God, whose Vicegerent We are,
hath made Us a King over divers Kingdomes, and We have no other desire,
nor designe, but to govern them by their own Lawes, and the Kirks in
them by their own Canons and Constitutions. Where any thing is found to
be amisse, We will endeavour a Reformation in a fair and orderly way;
and where a Reformation is settled, We resolve, with that authoritie
wherewith God hath vested Us, to maintain and defend it in peace and
libertie, against all trouble that can come from without, and against
all Heresies, Sects, and Schismes which may arise from within, Nor do
We desire any thing more in that Kingdom (and when we shall hear of
it, it shall be a delight and matter of gladnesse unto Us) then that
the Gospel be faithfully preached throughout the whole Kingdom, to the
outmost skirts and borders thereof. Knowing that to be the mean of
honour to God, of happinesse to the people, and of true obedience to
Us. And for this effect, that holy and able men be put in places of the
Ministery, and that Schooles and Colledges may flourish in Learning
and true Pietie. Some things for advancing of those ends, We did of Our
own accord promise in Our Letters to the last Assembly, and We make
your selves Judges, who were witnesses to Our Actions, while We were
there in Person, whether we did not perform them both in the point of
presentations which are in Our hands, and in the liberall provision
of all the Universities and Colledges of the Kingdome, not only above
that which any of Our Progenitors had done before Us, but also above
your own hopes and expectation. We doe not make commemoration of this
Our Beneficence, either to please Our selves, or to stop the influence
of Our Royall goodnesse and bountie for afterward, but that by these
reall demonstrations of Our unfained desires and delight to do good,
you may be the more confident to expect from Us, whatsoever in Justice
We can grant, or what may be expedient for you to obtaine. We have
given expresse charge to Our Commissioner, to see that all things be
done there orderly and peaceably, as if We were present in Our Own
Person; not doubting but in thankfulnesse for your present estate and
condition, you will abstaine from everything that may make any new
disturbance, and that you will be more wise then to be the enemies of
your own peace, which would but stumble others, and ruine yourselves.
We have also commanded Our Commissioner to receive from you your just
and reasonable desires, for what may further serve for the good of
Religion, that taking them to Our considertion, We may omit nothing
which may witnesse Us to be indeed a nursing Father of that Kirk
wherein We were born and baptized, and that if ye be not happy, you
may blame not Us, but yourselves. And now what doe We again require
of you, but that which otherwise you owe to Us as your Soveraigne
Lord and King, even that ye pray for Our prosperity and the peace
of Our Kingdomes, that ye use the best meanes to keep Our People in
obedience to Us and Our Lawes, which doth very much, in Our personall
absence from that Our Kingdome, depend upon your preaching and your
own examplary loyaltie and faithfulnesse, and that against all such
jealousies, suspitions, and sinister rumors, as are too frequent in
these times, and have been often falsified in time past, by the reality
of the contrary events: Ye judge Us and Our professions by Our actions,
which, we trust, through God in despite of malice, shall ever go on in
a constant way for the good of Religion and the weal of Our People,
which is the Chiefest of Our intentions and desires. And thus we bid
you farewell. Given at our Court at Leicester, the 23 of July. 1642.

_To Our trusty and wel beloved the Generall Assembly, in Our Kingdom of
Scotland, conveened at S. Andrews._




Act, Sess. III. July 29, 1642.

_Act for bringing in of the Synode Books yeerly to the Generall
Assemblies._

The Moderator calling to minde that which was forgotten in the
preceeding Sessions, the examination of the Provinciall Books,
caused call the Roll of the Provinciall Assemblies; and the Assembly
finding very few Provinces to have sent their Books to this Assembly,
notwithstanding of the ordinance of the former Assembly thereanent, for
the more exact obedience of that ordinance hereafter, the Assembly,
in one voyce, ordaines, That the Books of every Provinciall Assembly
shall be brought and produced to every Generall Assembly: And that
this may be performed, ordaines that every Clerk of the Provincialls
either bring or send the said Books yearly to the Generall Assemblies,
by the Commissioners sent to the Assemblies, from these Presbyteries
where the Clerks reside. Which charge the Assembly also layes upon the
said Commissioners, sent from the saids Presbyteries where the Clerks
reside; ay, and while some meanes be provided, whereby the Clerks
charges may be sustained for coming with the saids Books themselves:
And that under the pain of deprivation of the Clerk in case of his
neglect, and of such censure of the saids commissioners, in case of
their neglect as the Assembly shall think convenient.




Act, Sess. V. Aug. 1, 1642.

_Act anent the choosing of Kirk Sessions._

Anent the question moved to the Assembly, concerning the election of
Kirk Sessions, The Assembly ordaines the old Session to elect the new
Session both in Burgh and Land. And that if any place shall vaik in the
Session chosen, by death or otherwise, the present Session shall have
the election of the person to fill the vacand roome.




Sess. VI. 2 Aug. 1642.

_The report of the interpretation of the Act at Edinburgh, anent tryall
of Ministers._

The meaning of the foresaid Act, is not that an actuall Minister to be
transported, shall be tried again by the tryalls appointed for trying
of Expectants, at their entry to the Ministery, according to the Acts
of the Kirk; but only that he bringing a Testimoniall of his former
tryalls, and of his abilities, and conversation, from the Presbyterie
from whence he comes, and giving such satisfaction to the Parochiners
Presbyterie whereto he comes in preaching, as the Presbyterie finds
his gifts fit and answerable for the condition and disposition of
the Congregation, whereto he is presented. Because, according to the
Act of the Assembly 1596, renewed at Glasgow, some that are meet
for the Ministery in some places, are not meet for all alike: and
Universities, Towns, and Burghs, and places of Noblemens residence, or
frequencie of Papists, and other great and eminent Congregations, and
in sundry other cases, require men of greater abilities, nor will be
required necessarily in the planting of all private small Paroches,
the leaving of the consideration of these cases unto the judgement and
consideration of the Presbyterie, was the only intention of the Act.

The Assembly approves the meaning and interpretation foresaid, and
appoints the said Act, according to this interpretation, to stand in
force, and to have the strength of an Act and Ordinance of Assembly in
all time coming.




Act, Sess. VII. 3 Aug. 1642.

_Act anent the order for making Lists to his Majestie, and other
Patrons for Presentations; the order of tryall of Expectants, and for
trying the quality of Kirks._

Forsameikle as His Majestie was graciously pleased in his Answer to
the Petition, tendred by the Commissioners of the late Assembly to His
Majestie, to declare and promise, for the better providing of vaiking
Kirks, at His Majesties Presentation with qualified Ministers, to
present one out of a list of six persons, sent to His Majestie from
the Presbyteries wherein the vaiking Kirk lyeth, as His Majesties
Declaration, signed with his Royal hand at Whitehall, the 3 of January
last, registrate in the books of Assembly, this day at length beares.
And suchlike whereas the Lords of Exchequer, upon a Petition presented
to them by the Commissioners of the Generall Assembly, and the
Procurator and Agent for the Kirk representing two Prejudices; one,
that gifts obtained from His Majestie of patronages of Kirks, at his
Presentation were passing the Exchequer, without the qualification and
provision of a List, wherewith His Majestie was pleased to restrict
himself; and the other, that some were seeking gifts of patronage
of Bishop Kirks, which are declared to belong to Presbyteries, to
be planted by two Acts of the late Parliament: The saids Lords have
ordained that no signator, containing gifts of patronages from His
Majestie, shall passe hereafter, but with a speciall provision that the
same shall be lyable to the tenor of His Majesties said Declaration.
Ordaining also the Procurator and Agent of the Kirk to be advertised,
and to have place to see all signators whatsoever, containing any
patronage, to the effect they may represent the interest of the Kirk
therein; as the said Act of the date the 27 of June last, registrate
also in the Books of Assembly, this day at length beares. Therefore,
that the saids Kirks which now are, or which were at His Majesties
presentation the said third day of January last, may be the better
provided with able Ministers, when the samine shall vaik, The Assembly
ordaines that hereafter every Presbytery shall give up yearly a Roll
of the ablest of their Expectants, to their Synods; and that the
Synods select out of these Rolls such persons whom they in certain
knowledge judge most fit for the Ministrie, and worthiest of the first
place, With Power to the Synods to adde or alter these Rolls given
by the Presbyteries, as they thinke reasonable: And that the Synods
shall send the Rolls made by them in this manner, to the next Generall
Assembly, who shall also examine the Rolls of the Synods, and adde or
alter the same as shall be thought expedient. Which Roll made by the
Generall Assembly, shall be sent to every Presbyterie, and that the
Presbyterie, with consent of the most or best part of the Congregation,
shall make a List of six persons willing to accept of the presentation
out of that Roll of the Assembly, upon every occasion of vacation of
any Kirk within their bounds, and shall send the samine, together
with a blank presentation: The which (if His Majesty be Patron to the
vacant Kirk) shall be sent by the said Procurator and Agent, to such
as the Commissioners of the Generall Assembly, or in their absence the
Presbyterie of Edinburgh, shall direct and think at that time most
able and willing to obtain the presentation, to be signed and filled
up by His Majesties choise of one of the List. And if the vacant Kirk
be of a Patronage disponed by His Majesty since the 3 of January, in
that case either the Presbyteries themselves shall send a List to six
persons in maner aforesaid, with a blank presentation to the Patron,
to be filled up by his choise, and subscribed, or send the samine to
the saids Officers of the Kirk, to be conveyed by them to the Patron
of the vaiking Kirk, as the Presbyterie shall think most expedient.
It is alwayes declared, that this order shall be without prejudice
to the Presbyteries, with consent foresaid, to put actuall Ministers
upon the said List of six persons, to be sent to the Patron of the
said vaiking Kirks, if they please. And least that the nomination of
Expectants by Presbyteries, Synods, or Assemblies, in their Rolls or
Lists foresaid, be misinterpreted, as though the Expectants nominated
in these Rolls and Lists, were thereby holden and acknowledged to be
qualified, which is not the intention of the Assembly, who rather
think, that in respect of this Order, there should be a more exact
tryall of Expectants then before: Therefore the Assembly ordaines, That
no Expectants shall be put on the Rolls or Lists above-mentioned, but
such as have been upon the publike exercise, at the least by the space
of half a year, or longer, as the Presbyterie shall finde necessary.
And suchlike ordaines, that hereafter none be admitted to the publike
exercise, before they be tryed, according to the tryall appointed for
Expectants, at their entrie to the Ministerie in the late Assembly at
Glasgow, in the 24 Article of the Act of the 23 Session thereof: which
tryall, the Assembly appoints to be taken of every Expectant, before
his admission to the publike exercise. And suchlike ordaines, That the
samine tryall shall be again taken immediately before their admission
to the Ministerie, together with their tryall mentioned in the advice
of some Brethren deputed for penning the corruptions of the Ministery,
approven in the said Act of the Generall Assembly at Glasgow. And
because that Kirks of the patronages foresaids, will vaik before the
Rolls and Lists be made up by the Presbyteries, Synods, and Generall
Assemblies, in manner foresaid: Therefore, in the interim, the Assembly
ordains the Commissioners of every Presbyterie here present, to give in
a List of the ablest Expectants within their bounds, the morn, to the
Clerk of the Assembly, that the Assembly may, out of these Rolls, make
a List to be sent to every Presbyterie: Out of which the Presbyteries
shall make a List of six persons, with consent foresaid, and send the
samine upon vacancie of any Church within their bounds, together with a
presentation to His Majestie, or any other patron, in manner foresaid.
And because the Procurator and Agent of the Kirk cannot get sufficient
information to the Lords of Exchequer, anent the Right and Interest
of the Kirk, and Presbyteries in Kirks, whereof gifts of patronages
may be presented to the Exchequer: Therefore the Assembly ordaines for
their better information hereanent, that every Presbyterie, with all
diligence, use all meanes of exact tryall of the nature and qualitie
of all Kirks within their bounds, as what Kirks belong to the Kings
Majesties patronage, what to other Laick patronages, what Kirks of old
were planted by Presbyteries, and what by Prelates and Bishops, before
the Assembly at Glasgow 1638, what hath been the way and time of the
change of the planting and providing of the Kirks, if any have been
changed, or any other thing concerning the nature and qualitie of every
Kirk within their bounds, and to send the same to the Procurator of the
Kirk with all diligence.

       *       *       *       *       *

_Act anent Lists for the Kirks in the High-lands._

The Assembly considering that in Argyle, and in other places of the
Irish language, there will not be gotten six expectants able to speak
that language. And therefore the Assembly is hopefull, that in these
singular cases, His Majestie will be pleased, for Kirks vacand in the
High-lands, to accept of a List of so many expectants as can be had,
able to speak the Irish language. And the Commissioners Grace promiseth
to recommend it to His Majestie.

       *       *       *       *       *

_Overtures against Papists, non-Communicants, and Profaners of the
Sabbath._

I. The Assembly would draw up a Supplication to be presented by the
Commissioners of the Presbyterie of Edinburgh to the Councell at their
first meeting, for the due execution of the Acts of Parliament and
Councell against Papists, wherein it will be specially craved, that the
Exchequer should be the Intromettors with the Rents of these who are
excommunicate, and that from the Exchequer the Presbyterie may receive
that portion of the confiscate goods, which the Law appoints to be
imployed _ad pios usus_.

II. Every Presbyterie would conveen at their first meeting, all known
Papists in their bounds, and require them to put out of their company,
all friends and servants who are Popish within one moneth: also within
that same space, to give their children, sons and daughters, who are
above seven yeers old, to be educate at their charges, by such of
their Protestant friends, as the Presbyterie shall approve, and finde
sufficient caution for bringing home within three moneths such of their
children who are without the Kingdom, to be educate in Schooles and
Colledges at the Presbyteries sight; to finde caution likewise of their
abstinence from Masse, and the company of all Jesuits and Priests.

III. That all, of whatsoever rank or degree, who refuse to give
satisfaction in every one of the foresaid Articles, shall be processed
without any delay; but those who give satisfaction shall be dealt with
in all meeknesse, after this manner: The Presbyteries shall appoint
such of their number as they shall find fittest to confer with them
so frequently as the Brethren are able to attend, untill the midst
of October next, against which time, if they be not willing to go to
Church, they shall give assurance to go and dwell in the next adjacent
University Town, whether Edinburgh, Glasgow, S. Andrews, or Aberdene,
from Novemb. 1, to the last of March, where they shall attend all the
diets of conference which the professors and Ministers of the bounds
shall appoint to them: by which, if they be not converted, their
obstinacy shall be declared in the Provincial Synods of April, and
from thence their Processe shall go on to the very closure without any
farther delay.

IIII. That every Presbyterie, as they will be answerable to the next
Generall Assembly, be carefull to do their dutie in all the premisses.

V. That there be given presently, by the members of this present
Assembly, unto the Commissioners of the Presbyterie of Edinburgh, a
List of all excommunicate Papists they know, and of all Papists who
have children educate abroad, that they may be presented, together with
our Supplication, to the Councell, at their first sitting.

VI. That the Councell may be supplicate for an Act, that in no Regiment
which goes out of the Kingdom, any Papists bear office, and that the
Colonell be required to finde caution for this effect, before he
receive the Councels Warrant for levying any Souldiers: also that he
finde caution for the maintaining of a Minister, and keeping of a
Session in his Regiment.

_Item_, The Assembly would enjoyn every Presbyterie to proceed against
non-Communicants, whether Papists or others, according to the Act of
Parliament made thereanent. And suchlike, that Acts of Parliament
against prophaners of the Sabbath be put to execution.

The Assembly approves the Overtures foresaid, and ordains Presbyteries
to put the samine to execution with all diligence: and that the
Commissioners of every Presbyterie give in a List of the excommunicate
Papists within their bounds, and of Papists children out of the
Countrey, to the Clerk, that the same may be presented to the Councell
by the Commissioners of this Assembly.

       *       *       *       *       *

_Act anent the joyning of the Presbyterie of Sky to the Synode of
Argyle._

The Generall Assembly having considered the whole proceedings of the
Commissioners of the late Generall Assembly holden at Edinburgh, anent
the reference made to them concerning the Presbyterie of Sky, together
with the whole reasons _pro & contra_ in the said matter, after mature
deliberation have ratified and approved, and by these presents ratifie
and approve the Sentence of the saids Commissioners thereintill. And
further ordains the said Presbytery of Sky, and all the Ministers and
Elders thereof, to keep the meetings of the Provincial Assembly of
Argyle, where they shall happen to be appointed in all time coming,
suchlike as any other Presbyterie within the bounds of the said
Province of Argyle uses to do: And that the samine Presbyterie be in
all time hereafter within the jurisdiction of the said Provincial
Assembly, without any further question to be made thereanent.




Sess. VIII. 3 Aug., _post meridiem_.

_The Supplication of this Assembly to the Kings Majestie._

To the Kings most Excellent Majestie, the hearty thanksgiving, and
humble Petition of the Generall Assembly of the Kirk of Scotland, met
at S. Andrews July 27, 1642.

Our hearts were filled with great joy and gladnesse at the hearing of
Your Majesties Letter, which was read once and again in face of the
Assembly, every line thereof almost either expressing such affection to
the reformed Religion, and such royall care of us, as we could require
from a Christian Prince; or requiring such necessary duties from us,
as we are bound to performe as Ministers of the Gospel and Christian
Subjects: For which, as solemne thanks were given by the Moderator of
the Assembly, so do we all with one voice in all humility, present
unto Your Majestie the thankfulnesse of our hearts, with our earnest
prayers to God for Your Majesties prosperity, and the peace of your
Kingdoms, that Your Majestie may be indeed a nursing Father to all the
Kirks of Christ in Your Majesties Dominions; and especially to the
Kirk of Scotland, honoured with your Birth Baptisme: promising our
most serious indeavours by doctrine and life, to advance the Gospel
of Christ, and to keep the people in our charge in Unity and Peace,
and in all loyalty and obedience to Your Majestie and your Laws. Your
Majesties commands to your Commissioner, the Earle of Dumfermling, to
receive from us our just and reasonable desires for what may further
serve for the good of Religion here, the favours which we have received
already, and Your Majesties desire and delight to do good, expressed in
your Letter, are as many encouragements to us, to take the boldnesse
in all humility to present unto Your Majestie (beside the particulars
recommended to Your Majesties Commissioner) one thing, which for the
present is the chiefest of all our desires, as serving most for the
glory of Christ, for Your Majesties Honour and Comfort; and not onely
for the good of Religion here, but for the true happinesse and peace
of all Your Majesties Dominions; which is no new motion, but the
prosecution of that same which was made by the Commissioners of this
Your Majesties Kingdom in the late Treatie, and which Your Majestie,
with advice of both Houses of Parliament, did approve in these words:
“To their desire concerning unitie in Religion and uniformitie of
Church government, as a speciall meanes of conserving of Peace betwixt
the two Kingdoms, upon the grounds and reasons contained in the Paper
of the 10 of March, given in to the Treaty and Parliament of England:
It is answered upon the 15 of June, That His Majestie, with advice
of both Houses of Parliament, doth approve of the affection of His
Subjects of Scotland, in their desire of having the conformity of
Church-government betwixt the two Nations, and as the Parliament hath
already taken into consideration the reformation of Church government,
so they will proceed therein in due time, as shall best conduce to the
glory of God, the Peace of the Church and of both Kingdoms, 11 of June
1641.” In our Answer to a Declaration sent by the now Commissioners of
this Kingdom from both Houses of Parliament, we have not onely pressed
this point of unity in Religion and Uniformity of Church-government,
as a meane of a firme and durable union betwixt the two Kingdomes, and
without which former experiences put us out of hope long to enjoy the
puritie of the Gospel with Peace, but also have rendred the reasons of
our hopes and confidence, as from other considerations, so from Your
Majesties late Letter to this Assembly, that Your Majestie in a happy
conjunction with the Houses of Parliament, will be pleased to settle
this blessed Reformation, with so earnestly desired a Peace in all your
Dominions. And therefore we Your Majesties most loving Subjects, in
name of the whole Kirks of Scotland, represented by us, upon the knees
of our hearts, do most humbly and earnestly beg, that Your Majesty in
the deep of your Royall Wisdom, and from your affection to the true
Religion and the Peace of your Kingdoms, may be moved to consider, that
the God of Heaven and Earth is calling for this Reformation at your
hands, and that as you are his Vice-gerent, so you may be his prime
Instrument in it. If it shall please the Lord (which is our desire and
hope) that this blessed unitie in Religion and Uniformity in Government
shall be brought about; your Majesties Conscience, in performing of so
great a dutie, shall be a well-spring of comfort to Your Self, your
memory shall be a sweet favour, and your name renowned to all following
generations. And if these unhappy commotions and divisions shall end
in this peace and unity, then it shall appeare in the Providence of
God, they were but the noyse of many waters, and the voyce of a great
thunder before the voyce of harpers harping with their harps, which
shall fill this whole Iland with melodie and mirth, and the name of it
shall be, THE LORD IS THERE.

       *       *       *       *       *

_The Declaration of the Parliament of England, sent to the Assembly._

The Lords and Commons in this present Parliament assembled, finding
to their great grief, that the distractions of this Kingdome daily
increase, and that the wicked counsells and practises of a malignant
party amongst us (if God prevent them not) are like to cast this nation
into bloud and confusion, To testifie to all the World how earnestly
they desire to avoid a Civill Warre, they have addressed themselves in
an humble Supplication to His Majestie, for the prevention thereof. A
Copy of which their Petition, they have thought fit to send at this
time to the Nationall Assembly of the Church of Scotland, to the intent
that that Church and Kingdome (whereunto they are united by so many
and so near bonds and tyes, as well Spirituall as Civill) may see
that the like minde is now in them, that formerly appeared to be in
that Nation. And that they are as tender of the effusion of Christian
bloud on the one side, as they are zealous on the other side of a due
Reformation both in Church and State. In which work, whilest they were
labouring, they have been interrupted by the plots and practises of a
malignant party of Papists, and ill-affected persons, especially of
the corrupt and dissolute Clergy, by the incitement and instigation
of Bishops, and others, whose avarice and ambition being not able to
bear the Reformation endeavoured by the Parliament, they have laboured
(as we can expect little better fruit from such trees) to kindle a
flame, and raise a combustion within the bowels of this Kingdom: Which
if by our humble supplication to His Majesty it may be prevented,
and that according to our earnest desire therein, all Force and
Warlike preparations being laid aside, we may returne to a peaceable
Parliamentary proceeding, We do not doubt, but that by the blessing
of Almighty God upon our endeavours, we shall settle the matters both
in Church and State, to the encrease of His Majesties Honour and
State, the peace and prosperitie of this Kingdome, and especially to
the glory of God, by the advancement of the true Religion, and such a
Reformation of the Church, as shall be most agreeable to Gods Word. Out
of all which, there will also most undoubtedly result a most firme and
stable Union between the two Kingdomes of England and Scotland, which,
according to our Protestation, we shall by all good wayes and meanes,
upon all occasions, labour to preserve and maintain,

_Subscribitur,_ JO. BROWN, Cler. Parl.

       *       *       *       *       *

_The Assemblies Answer to the Declaration of the Parliament of England._

The Generall Assembly of the Kirk of Scotland, having received a
Declaration sent unto them by the Commissioners of this Kingdome, now
at London, from the honourable Houses of the Parliament of England,
expressing their care to prevent the effusion of Christian bloud in
that Kingdome, and their affections to Reformation, both in Kirk
and State, and having taken the same to such consideration as the
importance of so weighty matters, and the high estimation they have of
so wise and honourable a meeting as is the Parliament of England, did
require; have, with universall consent, resolved upon this following
Answer:—

I. That from the recent sense of the goodnesse of God, in their own
late deliverance, and from their earnest desire of all happinesse to
our native King and that Kingdome, they blesse the Lord for preserving
them in the midst of so many unhappy divisions and troubles from a
bloudy Intestine War, which is from God the greatest Judgement, and to
such a nation the compend of all calamities. They also give God thanks
for their former and present desires of a Reformation, especially of
Religion, which is the glory and strength of a Kingdome, and bringeth
with it all temporall blessings of prosperity and peace.

II. That the hearts of all the members of this Assembly, and of all the
well-affected within this Kingdome, are exceedingly grieved and made
heavy, that in so long a time, against the professions both of King and
Parliament, and contrary to the joynt desires and prayers of the godly
in both Kingdomes, to whom it is more deare and precious then what is
dearest to them in the world, the Reformation of Religion hath moved so
slowly, and suffered so great interruption. They consider that not only
Prelates, formall Professours, profane and worldly men, and all that
are Popishly affected, are bad councellours and workers, and do abuse
their power and bend all their strength and policies against the Work
of God; but the god of this world also, with Principalities and Powers,
the rulers of the darknesse of this world, and spirituall wickednesse
in high places, are working with all their force and fraud in the same
opposition, not without hope of successe, they having prevailed so
farre from the beginning, That in the times of the best kings of Juda
of old, and the most part of the Reformed Kirks of late, a through and
perfect Reformation of Religion hath been a work full of difficulties;
Yet doe they conceive, that as it ought first of all to be intended,
so should it be above all other things, with confidence in God, who
is greater than the world, and he who is in the world, most seriously
endeavoured. And that when the supreame Providence giveth opportunity
of the accepted time and day of salvation, no other work can prosper
in the hands of his servants, if it be not apprehended, and with all
reverence and faithfulnesse improved. This Kirk and Nation, when the
Lord gave them the calling, considered not their own deadnesse, nor
staggered at the promise through unbelief, but gave glory to God.
And who knoweth (we speak it in humility and love, and from no other
mind then from a desire of the blessing of God upon our King and that
Kingdome) but the Lord hath now some controversie with England, which
will not be removed, till first and before all, the worship of his
name, and the government of his house be settled according to his
own will? When this desire shall come, it shall be to England, after
so long deferred hopes, a tree of life, which shall not only yeeld
temporall blessings unto themselves, but also shall spread the branches
so far, that both this nation and other reformed Kirks shall find the
fruits thereof to their great satisfaction.

III. The Commissioners of this Kingdome in the late Treaty of peace,
considering that Religion is not only the meane of the service of God
and saving of Souls, but is also the base and foundation of Kingdomes
and Estates, and the strongest band to tye Subjects to their Prince in
true loyaltie, and to knit the hearts of one to another in true unity
and love, They did, with preface of all due respect and reverence, far
from arrogancy or presumption, represent, in name of this Kingdome,
their serious thoughts and earnest desires for unity of Religion, That
in all His Majesties Dominions, there might be one Confession of Faith,
one directory of Worship, one publike Catechisme, and one forme of
Kirk Government. This they conceived to be acceptable to God Almighty,
who delighteth to see his People walking in truth and unity, to be
a special meanes for conserving of peace betwixt the Kingdomes, of
easing the Kings Majesty, and the publike Government of much trouble,
which ariseth from differences of Religion, very grievous to Kings
and Estates; of great content to the King himself, to his Nobles, his
Court, and all his People, when (occasioned to be abroad) without
scruple to themselves, or scandall to others, all may resort to the
same publike worship, as if they were at their own dwellings; of
suppressing the names of Heresies, and Sects, Puritans, Conformists,
Separatists, Anabaptists, &c., which do rent asunder the bowels both of
Kirk and Kingdome; of despaire of successe to Papists and Recusants, to
have their profession, which is inconsistent with the true Protestant
Religion, and authority of Princes, set up again, and of drawing
the hearts and hands of Ministers, from unpleasant and unprofitable
Controversies, to the pressing of mortification, and to Treatises of
true pietie, and practicall Divinity. The Assembly doth now enter upon
the labour of the Commissioners, unto which they are encouraged, not
only by their faithfulnesse in the late Treaty, but also by the zeale
and example of the Generall Assemblies of this Kirk in former times, as
may appeare by the Assembly at Edinburgh, Decemb. 25, in the year 1566,
which ordained a Letter to be sent to England against the Surplice,
Tippet, Corner-cap, and such other ceremonies as then troubled that
Kirk, that they might be removed. By the Assembly at Edinburgh, April
24, 1583, humbly desiring the Kings Majesty to command his Ambassadour,
then going to England, to deale with the Queen, that there might be an
union and Band, betwixt them and other Christian Princes and Realmes,
professing the true Religion for defence and protection of the Word
of God, and Professors thereof, against the persecution of Papists
and confederates joyned and united together by the bloudy league of
Trent: as also, that her Majesty would disburden their brethren of
England of the yoke of Ceremonies, imposed upon them, against the
libertie of the Word: And by the Assembly at Edinburgh, March 3, 1589,
ordaining the Presbyterie of Edinburgh, to use all good and possible
means for the relief and comfort of the Kirk of England, then heavily
troubled for the maintaining the true discipline and government of
the Kirk, and that the Brethren in their private and publike prayers,
recommend the estate of the afflicted Kirk of England to God. While
now, by the mercy of God, the conjunction of the two Kingdomes is many
wayes increased, the zeale of the Generall Assembly towards their
happinesse ought to be no lesse. But besides these, the Assembly is
much encouraged unto this duetie, both from the Kings Majesty and his
Parliament, jointly, in their Answer to the proposition, made by the
late Commissioners of the Treaty, in these words:—_To their desire
concerning unity of Religion, and uniformity of Kirk government, as
a speciall meanes for conserving of peace betwixt the two Kingdomes,
upon the grounds and reasons contained in the paper of the 10 of
March, and qiven in to the Treatie and Parliament of England. It is
answered upon the 15 of June, That his Majestie, with advice of both
Houses of Parliament, doth approve of the affection of His Subjects
of Scotland, in their desire of having conformitie of Kirk government
between the two Nations; and as the Parliament hath already taken into
consideration the Reformation of Kirk government, so they will proceed
therein in due time, as shall best conduce to the glory of God, the
peace of the Kirk, and of both Kingdomes._ And also severally; for his
Majestie knoweth that the custodie and vindication, the conservation
and purgation of Religion, are a great part of the duetie of Civill
authority and power. His Majesties late practise while he was here in
person, in resorting frequently to the exercises of publike worship,
his Royall actions, in establishing the worship and government of this
Kirk in Parliament, and in giving order for a competent maintenance to
the Ministery and Seminaries of the Kirk, and His Majesties gracious
Letter to the Assembly (seconded by the speech of His Majesties
Commissioner) which containes this religious expression:—_Where any
thing is amisse we will endeavour a Reformation in a fair and orderly
way, and where Reformation is settled, we resolve, with that authority
wherewith God hath vested us, to maintain and defend it in peace and
liberty, against all trouble that can come from without, and against
all Heresies, Sects, and Schismes, which may arise from within._
All these doe make us hopefull that His Majesty will not oppose,
but advance the work of Reformation. In like manner, the Honourable
Houses of Parliament, as they have many times before witnessed their
zeale, so now also in their Declaration sent to the Assembly, which
not only sheweth the constancy of their zeale, but their great grief
that the worke hath been interrupted by a malignant party of Papists
and evill affected persons, especially of the corrupt and dissolute
Clergie, by the incitement and instigation of Bishops and others, their
hope according to their earnest desire, when they shall returne to a
peaceable and Parliamentary proceeding, by the blessing of God, to
settle such a Reformation in the Church, as shall be agreeable to Gods
word, and that the result shall be a most firm and stable union between
the two Kingdomes of England and Scotland, &c. The Assembly also is not
a little encouraged by a Letter sent from many reverend brethren of
the Kirk of England, expressing their prayers and endeavours against
every thing which shall be found prejudiciall to the establishment of
the Kingdome of Christ, and the Peace of their Soveraigne. Upon these
encouragements, and having so patent a doore of hope, the Assembly
doth confidently expect, that England will now bestirre themselves
in the best way for a Reformation of Religion, and do most willingly
offer their prayers and uttermost endeavours for furthering so great a
Work, wherein Christ is so much concerned in his glory, the King in his
honour, the Kirk and Kingdome of England in their happinesse, and this
Kirk and Kingdome in the purity and peace of the Gospel.

IIII. That the Assembly also from so many reall invitations, are
heartened to renew the Proposition made by the aforenamed Commissioners
of this Kingdome, for begining the Work of Reformation, at the
uniformity of Kirk-government. For what hope can there be of Unity
in Religion, of one Confession of Faith, one Form of Worship, and
one Catechisme, till there be first one Forme of Ecclesiasticall
Government? Yea, what hope can the Kingdome and Kirk of Scotland have
of a firme and durable Peace, till Prelacie, which hath been the main
cause of their miseries and troubles, first and last, be plucked up,
root and branch, as a plant which God hath not planted, and from which,
no better fruits can be expected then such sower grapes, as this day
set on edge the Kingdome of England?

V. The Prelaticall Hierarchie being put out of the way, the Work will
be easie, without forcing of any conscience, to settle in England
the government of the Reformed Kirks by Assemblies. For although the
Reformed Kirks do hold, without doubting, their Kirk Officers, and
Kirk-government by Assemblies higher and lower, in their strong and
beautiful subordination, to be _jure divino_, and perpetuall: yet
Prelacie, as it differeth from the Office of a Pastor, is almost
universally acknowledged by the Prelates themselves, and their
adherents, to be but an humane ordinance, introduced by humane reason,
and settled by humane Law and Custome for supposed conveniencie: which
therefore by humane authority, without wronging any mans conscience,
may be altred and abolished upon so great a necessity, as is a hearty
conjunction with all the Reformed Kirks, a firm and well grounded
Peace betwixt the two Kingdomes, formerly divided in themselves, and
betwixt themselves by this partition wall, and a perfect Union of the
Kirks in the two Nations: which although by the providence of God in
one Iland, and under one Monarch, yet ever since the Reformation,
and for the present also, are at greater difference in the point of
Kirk-government, which in all places hath a powerfull influence upon
all the parts of Religion, then any other Reformed Kirks, although in
Nations at greatest distance, and under divers Princes.

VI. What may be required of the Kirk of Scotland, for furthering the
Work of Uniformitie of Government, or for agreeing upon a common
Confession of Faith, Catechisme, and Directory for Worship, shall,
according to the order given by this Assembly, be most willingly
performed by Us, who long extreamly for the day when King and
Parliament shall joyn for bringing to passe so great, so good a Work,
That all Warres and Commotions ceasing, all Superstition, Idolatry,
Heresie, Sects, and Schismes being removed, as the Lord is one, so his
name may be one amongst us; and mercy and truth, righteousnesse and
peace meeting together, and kissing one another, may dwell in this
Iland.




Act, Sess. VIII. Aug. 3, 1642.

_Overtures for transplantation of Ministers, and provision of Schools,
ordained by the late Assembly at Edinburgh to be sent to Synods, and
reported to this Assembly._




Act, Sess. XI. Edinb. Aug. 5, 1641.

These Overtures underwritten, anent the transporting of Ministers
and Professors to Kirks and Colledges, being read in audience of the
Assembly, and thereafter revised by a Committee appointed for that
effect, The Assembly appoints them to be sent to the severall Synods,
to be considered by them, and they to report their judgements thereof
to the next Generall Assembly.

I. No transportation would be granted hereafter without citation of
parties having interest (viz., the Minister who is sought and his
Parish) to hear what they can oppose, and the matter is to come first
to both the Presbyteries (viz., that wherein the Minister dwells,
whose transportation is sought, and the other Presbyterie to which
he is sought, if the Kirks lye in several Presbyteries) and if the
Presbyteries agree not, then the matter is to be brought to the Synod,
or Generall Assembly (which of them shall first occure after such
transportation is sought) and if the Synod (occurring first) agree not;
or if there be appeale made from it, then the matter is to come to the
Generall Assembly.

II. A Minister may be transplanted from a particular Congregation
(where he can onely doe good to a part) to such a place, where he may
benefit the whole Kirk of Scotland, because, in reason the whole is to
be preferred to a part, such as Edinburgh.

1. Because all the great Justice Courts sit there, as Councell,
Session, Justice Generall, Exchequer, &c., and it concerns the whole
Kirk, that these Fountains of Justice be kept clean, both in the point
of Faith, and Manners.

2. Because there is great confluence to Edinburgh, from time to time,
of many of the chief Members of the whole Kingdome, and it concerns the
whole Kirk to have these well seasoned, who (apparently) are to be the
Instruments of keeping this Kirk and Kingdome in good temper.

That this may be the more easily done, the Assembly first recommends
to Edinburgh, that some young men of excellent spirits may be (upon
the charges of the said Town) trained up, at home or abroad, toward
the Ministery from time to time. Secondly, we meane not that all the
places of the Ministerie of Edinburgh be filled with Ministers to be
transported by Authority of this Act, but only till they be provided
of one Minister (transplanted by the Authority of the Assembly) for
every Kirk in Edinburgh, and that the rest of the places be filled
either according to the Generall Rules of transportation for the whole
Kingdome, or by agreement with actuall Ministers, and their Parishes,
with consent of the Presbyterie or Synod, to the which they belong.

III. In the next roome, we finde, that it is a transporting of
Ministers for publike good, that Colledges (having the profession of
Divinitie) be well provided of Professors.

Wherein the Colledge of Divinitie in S. Andrews is first to be served,
without taking any Professors or Ministers out of Edinburgh, Glasgow,
or Aberdene, and then the rest of the Colledges would be provided
for as their necessity shall require: yet (in respect of the present
scarcity) it were good for the Universities to send abroad for able and
approved men, to be Professors of Divinitie, that our Ministers may be
kept in their pastorall charge as much as may be.

Towns also wherein Colledges are, are very considerable in the matter
of transportation.

IIII. Also Congregations, where Noblemen have chief residence are to
be regarded, whether planted or unplanted, and a care is to be had,
that none be admitted Ministers where Popish Noblemen reside, but
such as are able men (especially for controversies) by sight of the
Presbyterie: and moreover it is necessary, that such Ministers as dwell
where Popish Noblemen are, and are not able for controversies, that
they be transported.

V. They who desire the transportation of a Minister should be obliged
to give reasons for their desire: Neither should any Presbyterie or
Assembly, passe a sentence for transportation of any Minister, till
they give reasons for the expediencie of the same, both to him and his
Congregation, and to the Presbyterie whereof he is a member. If they
acquiesce to the reasons given, it is so much the better: if they doe
not acquiesce, yet the Presbyterie, or Assembly (by giving such reasons
before the passing of their sentence) shall make it manifest, that what
they doe is not _pro arbitratu, cel imperio_ onely, but upon grounds of
reason.

VI. Because there is such scarcity of Ministers having the Irish
tongue, necessity requires, that when they be found in the Low-lands,
they be transported to the High-lands: providing their condition be not
made worse, but rather better by their transportation.

VII. In the point of voluntary transportation, no Minister shall
transact and agree with any Parish, to be transported thereto, without
a full hearing of him, and his Parish, before the Presbyterie to which
he belongs in his present charge, or superiour Kirk judicatories, if
need shall be.

VIII. The planting of vacant Kirks, is not to be tyed to any (either
Ministers, or Expectants) within a Presbyterie: but a free election is
to be, according to the order of our Kirk, and Lawes of our Kingdome.

IX. The chief Burghs of the Kingdome are to be desired to traine up
young men of excellent spirits for the Ministery, according to their
power, as recommended to Edinburgh: Which course will in time (God
willing) prevent many transplantations.

  The Overtures under-written anent the Schooles being likewise read
  in audience of the Assembly, they recommend the particulars therein
  mentioned, anent the providing of the maintenance for Schoolmasters,
  to the Parliament; and ordaine the rest to be sent to the Synods, to
  be considered by them, and they to report their judgements thereof to
  the next Generall Assembly, as said is.

I. Every Parish would have a Reader and a Schoole, where children are
to be bred, in reading, writting, and grounds of Religion, according to
the laudable Acts, both of Kirk and Parliament, made before.

And where Grammar Schooles may be had, as in Burghs, and other
considerable places, (among which all Presbyteriall Seates are to be
reputed) that they be erected, and held hand to.

II. Anent these Schooles, every Minister with his Elders, shall
give accompt to the Presbyteries at the visitation of the Kirk; the
Presbyteries are to make report to the Synode, and the Synode to the
Generall Assembly, that Schools are planted, as above-said, and how
they are provided with men and means.

III. And because this hath been most neglected in the High-lands,
Ilands, and Borders, Therefore the Ministers of every Parish are to
instruct by their Commissioners, to the next Generall Assembly, that
this course is begun betwixt and then: and they are further to certifie
from one Generall Assembly to another, whether this course is continued
without omission, or not.

IIII. And because the means hitherto named or appointed for Schooles
of all sorts, hath been both little, and ill payed, Therefore, beside
former appointments, (the execution whereof is humbly desired, and to
be petitioned for at the hands of his Majestie and the Parliament)
the Assembly would further supplicate this Parliament that they (in
their wisdome) would finde out how meanes shall be had for so good an
use, especially that the children of poore men, (being very capable
of learning, and of good engines) may be trained up, according as the
exigence and necessity of every place shall require. And that the
Commissioners, who shall be named by this Assembly, to wait upon the
Parliament, may be appointed to represent this to his Majestie, and the
Parliament, seeing His Sacred Majestie, by his gracious Letter hath put
us in hope hereof, wherewith we have been much refreshed.

V. The Assembly would supplicate the Parliament, that for youths of the
finest and best spirits of the High-lands, and Borders, maintenance may
be allotted (as to Bursars) to be bred in Universities.

VI. For the time and manner of visitation of Schooles, and contriving
the best and most compendious and orderly course of teaching Grammar,
we humbly desire the Assembly to appoint a Committee for that effect,
who may report their diligence to the next Generall Assembly.

  The Overtures and Articles above-written being reported to this
  Assembly, after reading and serious consideration thereof, the
  Assembly approves the same, and ordaines them to have the strength
  of an Act and ordinance of Assembly in all time coming.




Sess. XI. 5 Aug. 1642.

_Act anent contrary Oaths._

The Generall Assembly finding the inconvenience of contrary Oaths in
trying of Adulteries, Fornications, and other faults and scandals,
do therefore for eviting thereof, discharge Synods, Presbyteries
and Sessions, to take Oath of both parties in all time hereafter,
Recommending to them in the mean time all other order and wayes of
tryall used in such cases: And that there may be a common order and
course kept in this Kirk of trying of publike scandals, The Assembly
ordains the Presbyteries to advise upon some common order hereintill,
and to report their judgements to the next Assembly.

       *       *       *       *       *

_Overtures anent Family Exercises, Catechising, keeping of Synods and
Presbyteries, and restraint of Adulteries, Witch-crafts, and other
grosse sins._

The Committee supplicates the Assembly,

I. To urge the severall Synods and Presbyteries, especially these
of the North, that Family Exercise in Religion, Visitation of the
Churches, Catechising, keeping of the Presbyteriall and Provinciall
meetings (both by Preaching and Ruling Elders) be more carefully
observed.

II. That the Clerk at least subscribe every Book before it come to the
Assembly, and that every Act be noted on the Margent, for a directory
of expedition.

III. That the Assembly would seriously studie by all meanes and wayes
how to procure the Magistrates concurrence to curb and punish these
notorious vices which abound in the Land, especially in the Northern
parts.

The Assembly approves the Overtures foresaids, and ordains them to
be observed: and for the last, the Assembly being confident of the
readinesse of the Judge Ordinar to restrain and punish these faults,
Do therefore ordain all Presbyteries to give up to the Justice, the
names of the Adulterers, incestuous persons, Witches and Sorcerers,
and others guilty of such grosse and fearfull sins within their
bounds, that they may be Processed, and punished according to the Laws
of this Kingdom; and that the Presbyteries and Synods be carefull
herein, as they will answer to the Generall Assemblies. And because
that Witch-craft, Charming, and such like, proceeds many times from
ignorance; Therefore the Assembly ordains all Ministers, especially in
these parts where these sins are frequent, to be diligently Preaching,
Catechising, and conferring, to inform their people thereintill.




Sess. XI. 5 Aug. 1642.

_Act against Petitions, Declarations, and suchlike, in name of
Ministers, without their knowledge or consents._

The Generall Assembly being informed, that after the Petition presented
to the Lords of His Majesties Privie Councell by the Noblemen,
Burgesses, and Ministers, occasionally met at Edinburgh the 31 day
of May last by-past, had received a very gracious Answer, There was
another Petition given in to their Lordships upon the _________ day of
June last, entituled, The Petition of the Nobilitie, Gentrie, Burrows,
Ministers, and Commons: which as it was not accompanied with any one
Minister to the Lords of Privie Councell, so all the Ministers of this
Assembly, disclaims and disavoweth any knowledge thereof, or accession
thereto. And the Assembly conceiving that the Kings Majestie himself,
and all the Courts and Judicatories of this Kingdoms may be deluded and
abused, and the Kirk in Generall, and Ministers in particular, injured
and prejudged by the like practices hereafter, Do therefore prohibite
and discharge all and every one to pretend or use the name of Ministers
to any Petition, Declaration, or suchlike at any time hereafter,
without their knowledge, consent, and assistance: And if any shall
doe the contrary, ordaines Presbyteries and Provinciall Assemblies to
proceed against them with the highest censures of the Kirk.




Sess. XI. 5 Aug. 1642.

_Act anent the Assemblies desires to the Lords of Counsell and
Conservators of Peace._

The Assembly being most desirous to use all, and to omit no lawfull
meane or occasion to testifie their zeale by dealing with God and man,
for furtherance of their desires of Unity in Religion and uniformity
of Kirk-government, And considering the great necessity, that the
Kirk and State contribute jointly their best endeavours to this happy
end: Therefore enjoynes the Moderator, and the Commissioners from
the Assembly, to supplicate with all earnestnesse and respect, the
Lords of his Majesties Honourable Privie Councell, and likewise the
Commissioners appointed by his Majestie, and the Parliament, for
conservation of the Peace, that they may be pleased to concur with the
Kirk in the like desires to His Majesty and the Parliament of England,
and in the like directions to the Commissioners of this Kingdome,
at London for the time, that by all possible means, Civill and
Ecelesiastick, this blessed Worke may be advanced, and a happy settling
betwixt His Majestie and his Parliament, may be endeavoured, and the
common Peace betwixt the Kingdomes continued and strengthened.




Sess. XI. Aug. 5, 1642.

_The Assemblies humble desire to the Kings Majestie for the Signator of
£500 Sterling, and recommendation thereof to the Kings Commissioner._

The Generall Assembly having received the Report of the proceedings of
the Commissioners of the late Assembly, and specially that His Majestie
was graciously pleased, upon their humble Petition, solemnly to promise
and declare under his Royall hand, his pious resolution and dedication
of £500 sterling, out of the readiest of his Rents and revenues, to be
imployed yearly on publike necessary and pious uses of the Kirk, at
the sight of the Generall Assembly, as His Majesties gracious Answer
of the 3 of January 1642, registrate in their books at His Majesties
own desire, for their further assurance of his Majesties pious zeale,
doth more fully proport. Likeas being informed that His Majestie was
graciously pleased to signe and send down to the Kirk the Signator of
the said £500 yearly to have past the Exchequer, albeit the samine is
not as yet delivered; And considering His Majesties pious directions
to them by His Majesties Letter to plant and visit the utmost skirts
and borders of the Kingdome, as most necessary for the glory of God,
the good of the Kirk, and His Majesties honour, and service, which
is only stopped by the want of charges for publike visitations, And
withall to remonstrate to His Majestie by his Commissioner, their
just and necessary desires for what may further serve to the good
of Religion, whereunto His Majesties Commissioner promised his best
endeavours and assistance. Therefore the Assembly doth most earnestly
recommend to His Majesties Commissioner to represent to His Majestie,
with his best assistance, the humble and necessary desires of the whole
Assembly, that His Majestie will be graciously pleased to command that
Signator, already signed by His Royall hand (or to signe another of the
samine tenor, whereof they deliver the just double to His Majesties
Commissioner for that effect) to be sent to this Kingdom, and delivered
to the Commissioners from this Assembly, who are to sit at Edinburgh,
or to the Procurator of the Kirk, whereby His Majestie shall more and
more oblige this whole Kirk to pray for a blessing from Heaven upon his
Royall Person and Government.


Sess XI. 5 Aug. 1642.

_The Asemblies Letter to the Commissioners of this Kingdom at London._

  RIGHT HONOURABLE,


We have received your Lordships Letter, with the Declaration of
the Parliament of England, and have sent this Noble bearer to His
Majesty with our humble Supplication, and to your Lordships with
our Answer, earnestly desiring Unity of Religion, and Uniformity of
Kirk-government, to be presented by your Lordships, and this Noble
bearer to the Honourable Houses of Parliament. Your Lordships will
perceive by the inclosed Copies, and by our desires to His Majesties
Honourable Privie Councell and Commissioners for the conservation of
the Peace, to joyn their best endeavours with His Majestie and the
Parliament, and their directions to your Lordships, by our leaving a
Commission behinde us, to concur with them in all Ecclesiastick wayes,
and by our appointing publike Prayers, and a solemn Fast through
this Kirk, for the furtherance of this great work of Reformation,
and continuance of the common Peace, that this unity in Religion and
Uniformity of Kirk-government is the chiefest of our desires, prayers,
and cares: whereunto as we have been encouraged by the faithful labors
of the Commissioners of this Kingdom in the late Treaty, and continued
and renewed by your Lordships, so we are assured, that your Lordships
will omit no lawfull mean, argument, or occasion of seconding the same
there, And advertising our Commissioners at Edinburgh, wherein they
may further concur with your Lordships for the furtherance of the
Work, which tends so much to the glory of God, advancement of Christs
Kingdom, increase of the honour and happinesse of our Soveraign, and
the peace and welfare of these Kingdoms, whereby your Lordships will
oblige this Kirk more and more to pray for a blessing on your persons
and travels, and to rest

  Yours in the Lord
  The Commissioners of the Generall
  Assembly.

  St. Andrews 5 Aug. 1642.


_A letter from some Ministers of England._

  Reverend and wel-beloved in our
      Lord and Saviour,

We received with much joy and satisfaction, the Answer which your
Generall Assembly vouchsafed us to our Letters of the last yeer. Some
of us, in the name of our Brethren, thought it then fit by M. Alexander
Henderson (a Brother so justly approved by you, and honoured by us) to
return our deserved thanks. And we now further think it equall upon
this occasion, to make a more publike acknowledgement of such a publike
favour. You were then pleased to give us fair grounds, to expect that
brotherly advice and endeavours, which the common cause of Christ, and
the mutuall interest of the united Nations, command us now again to
ask, if not to chalenge. We doubt not but your experience, together
with your intelligence, abundantly informes you of our condition, what
various administrations of providence we have passed through, and we
still lye betwixt hopes and feares, a fit temper for working; the God
of all grace enable us to improve it. As our hopes are not such as
may make us fear, so neither doe our Feares prevail, to the casting
away our confidence. Your own late condition, together with this
Declaration of ours present, may acquaint you with the certain, though
subtil, authors and fomentors of these our confused conflicts: which
we conceive to be the Hierarchical faction, who have no way to peace
and safety, but through the trouble and danger of others. Our prayers
and endeavours, according to our measure, have been, and shall be, for
the supplanting and rooting up whatsoever we finde so prejudiciall
to the establishment of the Kingdome of Christ and the peace of our
Soveraigne. And that this Declaration of our selves may not leave
you unsatisfied, we think it necessary further to expresse, That the
desire of the most godly and considerable part amongst us, is, That the
Presbyterian Government, which hath just and evident Foundation both in
the Word of God, and religious reason, may be established amongst us,
and that (according to your intimation) we may agree in one Confession
of Faith, one directorie of Worship, one publike Catechisme and form
of government: Which things, if they were accomplished, we should much
rejoyce in our happy subjection to Christ our Head, and our desired
association with you our beloved brethren. For the better effecting
whereof, we thought it necessary, not only to acquaint you with what
our desires are in themselves, but likewise to you, that is, That what
way shall seem most fit to the wisedom of that grave and religious
Assembly, may be taken for the furtherance of our indeavours in this
kind. We understand that our Parliament hath been beforehand with us
in this intimation, and it cannot but be our duty, who are so much
concerned in the businesse, to adde what power the Lord hath given us
with you to the same purpose. This designe and desire of ours hath
enemies on the Left hand; and dissenting brethren on the Right; but
we doubt not, that as our hearts justifie us that our intentions are
right, and such as we conceive tend most to the glory of God, and the
peace of the Churches of the Saints; so (by your brotherly concurrence
in the most speedy and effectuall way you can find out) the Work will,
in Gods due time, receive a prayed for, hoped for issue. We shall not
need by many arguments from mutuall Nationall interest (though we know
you will not overlook them) to inforce this request, the firme bond
wherewith we are all united in our Lord Jesus Christ, we are assured
will alone engage your faithfull endeavors in this businesse. To him we
commit you, with these great and important affairs you have in hand. Be
pleased to accept of these as the expression of the mindes of our many
godly and faithfull Brethren, whose hearts we doubt not of, neither
need you, though their hands in regard of the suddennesse of this
opportunity could not be subscribed together with ours, who are

  Your most affectionate friends and brethren
  in the Work of the Lord.

  London 22 July,
  1642.


_Answer to the Ministers Letter._

  Right Reverend and beloved in the Lord Jesus.

By our Answer to the Declaration sent unto us from the honourable
Houses of Parliament, ye may perceive that your Letter which came
into our hands so seasonably, was not only acceptable unto us, but
hath also encouraged us to renew both to the Kings Majestie and the
Houses of Parliament, The desires of the late Commissioners of this
Kingdome for Unity in Religion, in the four particulars remembred by
you, we cannot be ignorant but the opposition from Satan and worldly
men in Kirk and Policy, will still be vehement as it hath been already,
But we are confident through our Lord Jesus Christ, that the prayers
and indeavours of the godly in both Kingdoms, will bring the work to
a wished, and blessed Issue. This whole nationall Kirk is so much
concerned m that Reformation and Unity of Religion in both Kingdomes,
that without it we cannot hope for any long time to enjoy our puritie
and peace, which hath cost us so dear, and is now our chiefest comfort
and greatest treasure: Which one cause (beside the Honour of God) and
the happinesse of the People of God in that Kingdome, more desired of
us then Our lives) is more then sufficient to move us, To contribute
all that is in our power for bringing it to passe. And since we have
with so great liberty made our desires and hopes known both to King
and Parliament, it is a duety incumbent both to you and us, who make
mention of the Lord, and are Watch-men upon the Walls of Jerusalem,
never more to keep silence nor to hold our peace day nor night, till
the righteousnesse of Sion go forth as brightnesse, and the salvation
thereof as a lamp that burneth. And if it shall please the Lord to
move the hearts of King and Parliament, to hearken unto the motion,
for which end we have resolved to keep a solemne Fast and Humiliation
in all the Kirks of this Kingdome, the mean by which we have prevailed
in times past, we wish that the work may be begun with speed, and
prosecuted with diligence by the joint labours of some Divines in both
Kingdoms, who may prepare the same for the view and examination of a
more frequent Ecclesiastick meeting of the best affected to Reformation
there, and of the Commissioners of the Generall Assembly here, that in
end it may have the approbation of the Generall Assembly here, and of
all the Kirks there, in the best way that may be, we wish and hope at
last in a nationall Assembly; Our Commissioners at Edinburgh, shall in
our name receive and returne answers for promoving so great a Work,
which we with our heart and our soule recommend to the blessing of God,
we continue,

  Your loving brethren and
  fellow-labourers.


  _Act for the Lord Maitlands presenting the Assemblies Supplication to
  His Majestie, and for going to the Commissioners at London, with the
  Answer to the Parliament of Englands Declaration._

The Generall Assembly considering the necessity of sending some person
of good worth and quality for to present their humble Supplication to
His Majestie, and to deliver their directions to the Commissioners of
this Kingdom, now at London, with their Declaration to the Parliament
of England, and Answer to some wel-affected Ministers of that Kirk:
And having certain knowledge of the worth, ability, and faithfulnesse
of John Lord Maitland, one of their number, who being witnesse to all
their intentions and proceedings, can best relate their true loyaltie
and respect to their Soveraign, and brotherly affection to the Kirk
and Kingdom of England therein; Therefore do unanimously require
his Lordships pains, by repairing to Court and to London for the
premisses, which hereby they commit to his diligence and fidelity;
willing his Lordship to make account of his proceedings herein to their
Commissioners appointed to sit at Edinburgh.


Sess. XII. 5 Aug. _post meridiem_.

  _Commission for publike affairs of this Kirk, and for prosecuting
  the desires of this Assembly to His Majestie and the Parliament of
  England._

The Generall Assembly considering the laudable custome of this Kirk
for to appoint some Commissioners in the interim betwixt Assemblies,
for presenting of Overtures and prosecuting the other desires of the
Kirk to His Majestie, the Lords of His Councell, and the Estates of
Parliament; and taking to their consideration the present condition of
the Kirk of England, with the Declaration thereof sent down from the
Parliament, and some reverend Brethren of the Ministery there, with
their own Answer to the Parliament and Ministery, and their humble
Supplication to His Majestie for Unity of Religion and Uniformity of
Kirk-government. And withall remembring their desires to the Honourable
Lords of His Majesties Secret Councell, and to the Commissioners
appointed by the King and Parliament, for conservation of the common
Peace, That they would joyn their concourse in their desires to His
Majestie and Parliament, and directions to the Commissioners of
this Kingdom at London for the time. And likewise considering their
good hopes from Gods gracious favour to this Island, that by his
good providence he will in his own way and time settle this great
Work through this whole Ile; And that it is both our earnest desire
and Christian duty to use all lawfull means and Ecclesiastick wayes
for furtherance of so great a Work, continuance of the common peace
betwixt these nations, and keeping a brotherly correspondence betwixt
these Kirks. Therfore the Assembly thinks it necessary before their
dissolving to appoint, and by these presents do nominate and appoint,
Masters, Andrew Ramsay, Alex. Henderson, Robert Dowglas, William
Colvill, William Bonnet Ministers at Edinburgh, M. William Arthur,
Minister at S. Cuthbert, M. James Robertson, John Logan, Robert
Lighton, Commissioners from Dalkeith to this Assembly: Masters, Andrew
Blackhall, James Fleeming, Robert Ker, Commissioners from Haddingtoun
to this Assembly: Masters, George Hamilton, Robert Blair, Arthur
Mortoun, David Dalgleish, Andrew Bennet, Walter Greg, John Moncreff,
John Smith, George Gillespie, John Ross, John Duncan, Walter Brace,
Commissioners for the Presbyteries within the Province of Fyffe: M.
David Calderwood, Minister at Pencaitland, M. John Adamson, Principal
of the Colledge of Edinburgh, M. John Strang Principal of the Colledge
of Glasgow, M. David Dickson, M. James Bonar, M. Robert Bailie, M.
John Bell, M. Robert Ramsay, M. George Young, M. Henry Guthrie, M.
Samuel Oustein, M. John Robertson, Minister at S. Johnstoun, M. John
Robertson, Minister at Dundie, M. John Hume Minister at Eckills,
M. Andrew Cant, M. William Guild, M. Samuel Rutherfurd, M. James
Martin, M. Alexander Monroe, M. Robert Murray, M. John Maclellan,
Andrew Doncanson, M. Silvester Lambie, M. Gilbert Ross, _Ministers:_
Marquesse of Argyle, Earles of Lauderdaile, Glencarne, Kinghorne,
Eglintoun, Weemes, Cassils: Lords, Gordoun, Maitland, Balcarras, Sir
Patrick Hepburne of Wauchtoun, Sir David Home of Wedderburne, Sir
David Creightoun of Lugtoun, Sir David Barclay of Cullearnie, John
Henderson of Fordell, M. George Winrame of Libertoun, Sir Robert
Drummond, Sir William Carmichaell, John Binnie, Thomas Paterson, John
Sempill, John Kennedy of Air, John Leslie from Aberdene, William
Glendining Provest of Kirkubright, John Colzear, _Ruling Elders_, with
the concurse of the Procurator of the Kirk: And grants to them full
Power and Commission in this interim, betwixt and the next Assembly,
for to meet and conveen at Edinburgh upon the 17 day of this moneth of
August, and upon any other day, or in any other place, as they shall
think convenient: And being met and conveened, or any fifteen of them,
there being alwayes twelve Ministers present: With full power for to
consider and performe what they finde necessary for the Ministerie, by
preaching, supplicating, preparing of draughts of one Confession, one
Catechisme, one directory of publike Worship (which are alwayes to be
revised by the next Generall Assembly) and by all other lawfull and
Ecclesiastick wayes, for furtherance of this great Work in the Union
of this Iland in Religion and Kirk-government, and for continuance of
our own peace at home, and of the common peace betwixt the Nations,
and keeping of good correspondence betwixt the Kirks of this Iland.
Like as if it shall please God to blesse the prayers and endeavours
of his Saints for this blessed Union, and that if either the Lords of
Councell, or Commissioners for the Peace shall require their concurse
at home or abroad, by sending Commissioners with theirs to His Majesty
and Parliament for that effect, or that they themselves shall finde
it necessary, The Assembly grants full power to them, not only to
concurre by all lawfull and Ecclesiastick wayes, with the Councell and
Conservators of the Peace at home, but also to send some to present
and prosecute their desires and humble advice to His Majestie and the
Parliament, and the Ministerie there, for the furthering and perfecting
of so good and great a Worke. Like as, with power to them to promove
their other desires, overtures, and recommendations of this Assembly,
to the Kings Majestie, Lords of Councell, Session, Exchequer, and
Commissioners of Parliament, for plantation of Kirks, for common
burdens, or conservation of the common peace, and to the Parliament
of this Kingdom, in case it fall out _pro re nata_ before the next
Assembly. And such like, with as full power to them to proceed, treat
and determine in any other matters to be committed to them by this
Assembly, as if the samine were herein particularly insert, and with
as ample power to proceede in the matters particularly or generally
above-mentioned, as any Commissioners of Generall Assemblies have
had, and have been in use of before: They being alwayes comptable to,
and censurable by the next Generall Assembly, for there proceedings
thereanent.




Sess. XIII. 6 Aug. 1642.


_A petition from some distressed Professors in Ireland._

To the Reverend and right Honourable the Moderator and remanent members
of the Generall Assembly of Scotland, conveened at S. Andrews, July
1642. The humble Petition of the most part of the Scottish Nation in
the North of Ireland, in their own names, and in name of the rest of
the Protestants there,

_Humbly sheweth,_

That where your Petitioners by the great blessing of the Lord, enjoyed
for a little while a peaceable and fruitfull Ministerie of the Gospel,
yet through our own abuse of so rich a mercy, and through the tyrannie
of the Prelates, we have been a long time spoiled of our Ministers, (a
yoke to many of us heavier then death) who being chased into Scotland,
were not altogether un-usefull in the day of your need; And we having
been since oppressed and scattered, as sheep who have no shepherd, now
at last the wise and righteous hand of the Lord, by the sword of the
Rebels, hath bereft us of our friends, and spoiled us of our goods,
and left us but a few, and that a poor handfull of many, and hath
chased from us the rest that were called our Ministers; the greatest
part whereof we could scarce esteem such, as being rather Officers to
put the Prelats Injunctions in execution, than feeders of our souls:
So that now being visited with sword and sicknesse, and under some
apprehension of famine, if withall we shall taste of the sorest of all
plagues, to be altogether deprived of the Ministery of the Word, we
shall become in so much a worse condition then any Pagans, as that once
we enjoyed a better: Neither know we what hand to turn us to for help,
but to the Land so far obliged by the Lords late rare mercies, and so
far enriched to furnish help of that kinde; a Land whence many of us
drew our blood and breath, and where (pardon the necessary boldnesse)
some of our own Ministers now are, who were so violently plucked from
us, so sore against both their own and our wills; yea, the Land that
so tenderly in their bosoms received our poor out-casts, and that hath
already sent us so rich a supply of able and prosperous Souldiers to
revenge our wrong.

Therefore, although we know that your zeale and brotherly affection
would urge you to take notice without our advertisement, yet give us
leave in the bowels of our Lord Jesus Christ, to intreat, if there be
any consolation in Christ, if any comfort of love, if any fellowship of
the spirit, if any bowels of mercy, that now in this nick of time, when
the sword of the Enemie making way for a more profitable entertaining
the Gospel, having also banished the Prelates and their followers, when
our extremity of distresse, and the fair hopes of speedy settling of
peace, hath opened so fair a doore to the Gospel, you would take the
cause of your younger sister, that hath no brests, to your serious
consideration, and pity poor Macedonians crying to you that ye would
come over and help us, being the servants of the God of your Fathers,
and claiming interest with you in a common Covenant, that according to
the good hand of God upon us, ye may send us Ministers for the house
of our God. We do not take upon us to prescribe to you the way or the
number, but in the view of all, the finger of the Lord points at
these, whom though persecution, of the Prelats drew from us, yet our
interest in them could not be taken away, wherein we trust in regard of
several of them, called home by death, your bounty will super-adde some
able men of your own that may help to lay the foundation of Gods house,
according to the Pattern. But for these so unjustly reft from us, not
only our necessity, but equity pleads, that either you would send them
all over, which were a Work to be parallelled to the glories of the
Primitive times, or at least that ye would declare them transportable,
that when Invitators shall be sent to any of them, wherein they may
discerne a call from God, there may be no difficultie in their loosing
from thence, but they may come back to perfect what they began, and may
get praise and fame in the Land, where they were put to shame. Neither
are you to question your power over us so to doe, or crave a president
of your own practise in that kind, for our extraordinary need calling
on you, furnisheth you with a power to make this a president for the
like cases hereafter: herein if you shall lay aside the particular
concernment of some few places, which you may easily out of your rich
Nurseries plant again, and make use of your publike spirits, which are
not spent, but increases by your so many noble designes; you shall
leave upon us and our posteritie the stamp of an obligation that cannot
be delete, or that cannot be expressed; you shall send to all the
neighbouring Churches a pattern, and erect for after-ages a monument
of self-denying tender zeale; you shall disburden the Land of the many
out-casts, who will follow over their Ministers; and you shall make
it appear, that the churlish bounty of the Prelats, which at first
cast some of these men over to us, is not comparable with the cheerful
liberalitie of a rightly constitute Generall Assembly, to whom we are
perswaded, the Lord will give seed for the loane which you bestow on
the Lord; yea, the day may come when a Generall Assembly in this Land
may returne to you the first fruits of thanks, for the plants of your
free gift. And although you were scant of furniture of this kinde your
selves, or might apprehend more need then formerly, yet doubtlesse,
your bowels of compassion would make your deep povertie even in a great
tryal of affliction, abound to the riches of your liberalitie. But
now seeing you abound in all things, and have formerly given so ample
a proof of your large bestowing on Churches abroad in Germanie and
France, knowing that you are not wearied in well-doing, we confidently
promise to our selves in your name, that ye will abound in this grace
also, following the example of our Lord and the Primitive Churches, who
alwayes sent out disciples in paires. But if herein our hopes shall
faile us, we shall not know whether to wish that we had died with our
Brethren by the Enemies hand; for we shall be as if it were said unto
us, _Goe serve other Gods_; yet looking for another kinde of Answer at
your hands, for in this you are to us as an Angel of God, we have sent
these bearers, M. John Gordoun and M. Hugh Campbell our Brethren, who
may more particularly informe you of our case, and desire that at their
returne, they may refresh the bowels of Your most instant and earnest
Supplicants.

       *       *       *       *       *

_Commission to some Ministers to go to Ireland._

The Assembly having received a Petition subscribed by a considerable
number in the North of Ireland, intimating their deplorable condition,
through want of the Ministerie of the Gospel, occasioned by the
tyrannie of the Prelats, and the sword of the Rebels, and desiring
some Ministers, especially such as had been chased from them, by the
persecution of the Prelats, and some others to be added, either to be
sent presently over to reside amongst them, or declared transportable,
that upon invitation from them, they might goe and settle there;
together with some particular Petitions, desiring the returne of some
particular Ministers, who had laboured there before: All which the
Assembly hath taken to their serious consideration, being most heartily
willing to sympathize with every member of Christs Body, although
never so remote; much more with that Plantation there, which for the
most part was a Branch of the Lords Vine, planted in this Land. In
which sollicitude, as they would be loath to usurpe without their own
bounds, or stretch themselves beyond their own measure; so they dare
not be wanting, to the enlargement of Christs Kingdome, where so loud
a cry of so extreame necessitie, could not but stirre up the bowels
of Christian compassion. And although they conceive that the present
unsettled condition both of Church, and State, and Land, will not
suffer them as yet to loose any to make constant abode there; yet they
have resolved to send over some for the present exigent till the next
Generall Assembly, by courses to stay there four moneths allanerly:
And therefore doe hereby authorize and give Commission to the persons
following, to wit, M. Robert Blair, Minister at S. Andrews, and M.
James Hamilton, Minister at Dumfreis for the first four moneths: M.
Robert Ramsay, Minister at Glasgow, and M. John Maclelland, Minister
at Kirkudbright, for the next four moneths: and to M. Robert Baillie,
professor of divinitie in the University of Glasgow, and M. John
Levistoun, Minister of Stranraire for the last four moneths: To repair
into the North of Ireland, And there to visit, comfort, instruct, and
encourage the scattered flocks of Christ, to employ to their uttermost
with all faithfulnesse and singlenesse of heart, in planting and
watering, according to the direction of Jesus Christ, and according
to the doctrine and discipline of this Church in all things, And if
need be (with concurrence of such of the Ministers of the Army as are
there) to try and ordain such as shall be found qualified for the
Ministerie, Giving charge unto the persons foresaid in the sight of
God, that in doctrine, in worship, in discipline, and in their dayly
conversation, they studie to approve themselves as the Ministers of
Jesus Christ, and that they be comptable to the Generall Assembly of
this Kirk, in all things. And in case if any of the above-mentioned
Ministers be impeded by sicknesse, or otherwise necessarily detained
from this service, the Assembly ordaines the Commissioners residing
at Edinburgh, for the publike affairs of the Church, to nominate in
their place well qualified men, who hereby are authorized to undertake
the foresaid imployment, as if they had been expressly nominate in the
face of the Assembly. And this, although possibly it shall not fully
satisfie the large expectation of the Brethren in Ireland, yet the
Assembly is confident they will take in good part at this time, that
which is judged most convenient for their present condition, even a
lent mite out of their own not very great plenty, to supply the present
necessity; requiring of them no other recompence, but that they in all
cheerefulnesse may embrace and make use of the message of salvation,
and promising to enlarge their indebted bounty at the next Assembly,
as they shall finde the Worke of the Lord there to require. In the
meane while, wishing that these who are sent, may come with the full
blessing of the Gospel and peace, and recommending them, their labours,
and these to whom they are sent, to the rich blessing of the Great
Shepherd of the flock.




Sess. XIII. 6 Aug. 1642.

_Act against Slandering of Ministers._

The Generall Assembly considering the malice of divers persons in
raising calumnies and scandalls against Ministers, which is not onely
injurious to their persons, and discreditable to the holy calling
of the Ministerie, but doth also prove often a great prejudice and
hinderance to the promoving of the Gospel: Doe therefore ordain
Presteries and Synods to proceed diligently in process against all
persons, that shall reproach or scandall Ministers, with the censures
of the Kirk, even to the highest, according as they shall finde the
degree or quality of the scandal deserve.

       *       *       *       *       *

_Act anent ordering of the Assembly House._

The Assembly for better order in time coming ordains the Act of the
Assembly at Aberdene for ordering the House of the Assembly to be kept
hereafter punctually. And for that effect, that the samine be reade the
first Session of every Assembly.

       *       *       *       *       *

_Act for remembring in publike Prayers the desires of the Assembly to
the King and Parliament, and indiction of a publike Fast._

The Generall Assembly being desirous to promove the great work of Unity
in Religion, and Uniformity in Church-government, in all thir three
Dominions, for which the Assembly hath humbly supplicate the Kings
Majestie, and remonstrate their desires to the Parliament of England,
lest they should be wanting in any meane that may further so glorious
and so good a Work: Doe ordain, that not only the said Declaration
to the Parliament, and Supplication to the Kings Majestie, shall
be accompanied with the earnest Petitions and prayers of the whole
Brethren in private and publike, for the Lords blessing thereunto,
according to the laudable custome of our predecessors, who in the year
of God 1589, ordaines that the Brethren in their private and publike
prayers, recommend unto God the estate of the afflicted Church of
England; But having just cause of fear, that the iniquities of the
Land, which so much abound, may marre this so great a Work, doe also
ordain a solemne Fast to be kept on the second Lords day of September,
and the Wednesday following throughout the whole Kingdome for the
causes after specified.

I. Grosse ignorance and all sort of wickednesse among the greater
part, security, meer formality and unfruitfulnesse among the best, and
unthankfulnesse in all.

II. The sword raging throughout all Christendome, but most barbarously
in Ireland, and dayly more and more threatned in England, through the
lamentable division betwixt the King and the Parliament there, tending
to the subversion of Religion and Peace in all the three Kingdomes.

III. That God may graciously blesse the supplication of the Assembly
to the Kings Majesty, and their motion to the Parliament of England,
for Unity in Religion, and Uniformity of Kirk-government, and all other
meanes which may serve for the promoving of so great a Worke, and
advancement of the Kingdome of Christ every where.

IIII. That God may powerfully overturne all wicked plots and designes
of Antichrist and his followers, and all divisive motions against the
course of Reformation, and the so much longed for Union of the King and
Parliament.

V. That God may blesse the harvest.

       *       *       *       *       *

_Reference from the Presbyterie of Kirkcaldie._

Anent the Acts of Assemblies, for observation of the Lords Day,
profaned by going of Saltpannes, That this Assembly would declare the
limits of the Sabbath, during which the Pannes should stand.

The Assembly referres the Answer of this Question, to the Acts of
former Assemblies.

       *       *       *       *       *

_Reference from the Synode of Fyffe._

That the Provincial of Angus keep their meeting on the same day with
the Synod of Fyffe, which breakes the correspondence between them,
appointed by the Generall Assembly of Glasgow.

ANSWER.—The Assembly ordaines the Provinciall Assembly of Angus to keep
their first meeting upon the third Tuesday of April, conforme to the
Act of the said Assembly of Glasgow.

       *       *       *       *       *

_Overtures to be advised by Presbyteries against the next Assembly._

How Appeals shall be brought in to the Generall Assemblies, and by what
sort of citation. What shall be the prescription of scandalls, within
what space of time shall they be challenged, whether after three years,
the Minister having been allowed and approved in life and doctrine by
Synods, Presbyteries, and Visitations.

What order shall be taken for keeping Generall Assemblies, when
Presbyteries send not the full number of Commissioners: Or when the
Commissioners abide not untill the conclusion and dissolving of the
Assembly.

Order to be advised for Testimonialls.

       *       *       *       *       *

The Assembly appoints the next Generall Assembly to hold at Edinburgh
the first Wednesday of August, 1643.

FINIS.

       *       *       *       *       *

INDEX _of the_ PRINCIPALL ACTS _of the_ ASSEMBLY _holden at_ S.
ANDREWS, 27 July, 1642. _Not Printed._

1.—His Majesties Commission granted to Charles Earle of Dumfermling.

2.—Election of M. Robert Douglas, Moderator,

3.—Acceptation of the Commission from the Scottish Kirk at Campheir,
granted to M. William Spang.

4.—Act renewing the Commissions for Visitation of the Universities of
S. Andrews and Glasgow.

5.—Act anent delivery of the Irish contribution to the receivers
appointed by the Secret Councell.

6.—Act anent Idolatrous Monuments in Ruthwall.

7.—Act anent the Books of the Presbyteries in our Armie that went to
England.

8.—Act anent planting the Kirk of Kilwinning. 9.—Commis. anent
erecting a Presb. in Biggar.

10.—Act repealing the Act of the Synod of Galloway concerning tryal of
actuall Ministers.

11.—The Kings Declar. anent the gift of £500.

12.—Act for sending of Expectants to Ireland, and for a Commission to
be drawn up to some Ministers to go there.

13.—Recom. to the Marques of Argyle anent Patrick Egertie, Priest, and
all other Priests, or sayers of Masse in the North Iles, or within the
bounds of his Justiciarie.

14.—Act anent the reponing of M. Gilbert Power.

15.—Act for putting the Overtures anent maintaining Bursars in every
Presb. in practice.

16.—Report of the Com. for revising some Synod Books, and the
Assemblies approbation.

17.—Act for giving transumpts of the Covenant and Band.

18.—Act for sending of Generall Acts of Assemblies to Synods.

19.—Act anent Iames Murray.

20.—Report of the Committee of reports of the proceedings of the
Commissioners of the last Assembly appointed to attend the Parl. with
certain Overtures of the Assemblies approbation thereof, with the
double of the Signator of £500 sent to His Majestie.

21.—Com. for Visitation of Orknay and Zetland.

22.—Ref. to the Commis. of this Assembly, anent the choise of any
Minister to go to Ireland in place of any of the 6 appointed by this
Assem. to that effect, in case they or any of them be impeded by
sicknesse or death.

23.—Recom. of the Iles, Anandail, Escdaill, Liddisdaill, &c. for want
of Kirks and Schools, of the Presbyteries of Lochmaben, and Newbie, for
want of a civill Magistrate, to the Commission for planting of Kirks,
and Secret Councell, respective.

24.—Ref. to the Commission of this Assembly for planting of the Kirk of
Edinburgh.

25.—Act anent M. Colvils invitation to S. Andrews.

26.—Commission anent the planting of the Landward Kirk of S. Andrews.

27.—References and Overtures, and the Assemblies answer thereto.

28.—Ref. to the Commis. of this Assembly anent M. Iames Fairlie.

29.—Ref. to the Commis. of this Assembly anent the planting of the Kirk
of Dundie.

30.—Overtures anent the Kirk of Campheir.

31.—Recom. to the Magistrates of Glasgow anent Mundayes Market.

32.—Act anent giving in to the Clerk the List of Expectants.

33.—Act giving power and liberty to Sir Archibald Iohnstoun, Procurator
for the Kirk and Clerk to the Generall Assembly, to adjoyn any to
himself, or to depute any in these Offices whom he shall think fit.

       *       *       *       *       *




=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1642.


I. _The Propositions and Articles given in by the Scots Commissioners,
after the Lord Loudon his Return from the Parliament of Scotland._[294]

That the Treaty of Peace may be brought to a speedy and happy Close,
we did offer to your Lordships Consideration the Particulars following:—

1. That so soon as the Scottish Army shall remove out of England to
Scotland, the English Garisons of Berwick and Carlisle remove, _simul &
semel_.

2. Lest Malefactors, who have committed Theft, Murther, and the like
Crimes, crave the Benefit of the Act of Pacification and Oblivion,
for whom it is no ways intended, there would be an exception from the
said Act, of all legal pursuit, intended or to be intended, within
the space of one Year, after the Date of the Treaty, against all
Thieves, Sorners, Out-laws, Fugitives, Murtherers, Broken Men, or
their Receptors for whatsoever Thefts, Reifs, Hardships, Oppressions,
Depredations, or Murther done or committed by them; and all lawfull
Decrees given, or to be given, by the Parliament, or any Commissioners
to be appointed by them, for that effect, who shall have power to
dignosce and take cognition, whether the same falls within the said Act
of Pacification and Oblivion, or not.

3. It is desired, That the Demand concerning the not making or
denouncing of War with Foreigners, without Consent of both Parliaments,
may be condescended unto by the King and Parliament of England, which
is ordinary and universally observed in all mutual Leagues, which are
both defensive and offensive; and because the Wars denounced by one
of the Kingdoms with Foreigners, although made without Consent of the
other Kingdom, will engage them by necessary Consequence; or if the
Consideration of that Proposition, shall require longer time than
the present Condition of the important Affairs of the Parliament may
permit, and lest the speedy Close of the Treaty be thereby impeded, it
is desired, That this Demand, with the two other Articles of the same
nature—the one concerning Leagues and Confederations, and the other
concerning mutual Supply in case of Foreign Invasion—may all three
be remitted to Commissioners, to be chosen by both Parliaments, who
shall have power to treat and advise thereupon, for the Good of both
Kingdoms, and to report to the Parliaments respective.

4. It is desired, That the Articles concerning Trade and Commerce,
Naturalization, mutual Privilege and Capacity, and others of that
nature already demanded, may be condescended unto by the King and
Parliament of England: And namely, that demand about the pressing of
Ships or Men, by Sea or Land; or of shortness of Time, and exigency of
Affairs, may not permit the present Determination of these Demands;
it is desired, That these same (except so many of them as are already
agreed unto by the Commissioners for Trade) may be remitted to the
Commissioners to be chosen by both Parliaments who shall have power to
treat and advise thereof, for the good of both Kingdoms, and to make
report to the Parliaments respective. And that the Charters or Warrants
of the Scottish Nation, for freedom of Shipping in England or Ireland,
from all Customs, Imposts, Duties, and Fees, more than are paid by the
Natives of England and Ireland, granted by King James under the Broad
Seal of England, upon the Eleventh of April, in the Thirteenth Year of
his Reign, and confirmed by King Charles, upon the Ninteenth of April,
in the Eighth Year of his Reign, may be ratified and enacted in the
Parliament of England.

5. That the Extracts of Bands and Decretes put upon Record and
Register in Scotland, may have the like Faith and Execution, as the
French Tabelliones have in England or Ireland, seeing they are of
alike Nature, and deserve more Credit; and if this cannot be done
at this time, that it be remitted to the former Commission from both
Parliaments.

6. The manner of safe Conduct for transporting the Money from England
to Scotland, by Sea or Land, would be condescended upon, in such a way
as the Charges be not exorbitant.

7. The tenour of the Commission for conserving of Peace would be
condescended unto, together with the Times and Places of Meetings,
and whole Frame thereof; the Draught whereof, when it is drawn up in
England, is to be represented to the Parliament of Scotland, that they
may make like Commission, and name their Commissioners for that effect

8. The Parliament of Scotland do join their earnest and hearty Desire,
and crave the Parliament’s Concurrence, that none be in Places about
the Prince his Highness, but such as are of the Reformed Religion.

9. That an Act of Parliament of Publick Faith for payment of the Two
hundred and twenty thousand Pounds of the Brotherly Assistance which is
Arrear, may be presently framed and expedited, according to the Terms
agreed upon.

10. It is desired, that the Quorum to whom the Scots address themselves
for payment of £220,000 be condescended upon.

11. That the Order for re-calling all Proclamations, &c. made against
his Majesty’s Subjects of Scotland, be drawn up, and intimated in due
form and time, with the Publick Thanksgiving at all the Parish Churches
of his Majesty’s Dominions.

12. It is desired, That the Articles concerning the Castle of
Edinburgh, and other Strengths of the Kingdom may be understood to be,
that the same shall be disposed of for the Weal of the Kingdom, as the
King and Parliament shall think expedient.

       *       *       *       *       *

_The English Lords Commissioners Answer._

1. That upon the disbanding of the Scottish Army, the Garisons of
Berwick and Carlisle shall be removed, according to the Article of the
Treaty on that behalf.

2. The second Article is condescended unto, according to the Provision
added to the Act of Oblivion and Pacification.

3, 4, 5, 6. The third Demand concerning the making of War with
Foreigners, with the other two Articles, concerning Leagues and
Confederations, and concerning mutual Supply and Assistance against
Foreign Invasion; as likewise 4, 5, and 6, Articles, concerning
Trade, Commerce, Naturalization, mutual Privilege and Capacity, and
others of that nature, and the Demands concerning the Extracts of
Bands and Decretes, and the manner of safe Conduct for transporting
of Moneys from England to Scotland, are all referred to be taken into
consideration by the Commissioners to be appointed by both Parliaments,
who shall have Power to advise and treat thereupon, and report to the
Parliaments respective.

7. It is just, That the tenour of the Commission for conserving of
Peace should be agreed upon by mutual consent; but the closing of the
Treaty not to stay hereupon, but to be left to the Commissioners to be
named.

8. To that Desire, concerning such as should be placed about the
Prince, the King hath already given a clear and satisfactory answer.

9. That there be an Act of Parliament of publick Faith, for securing
the payment of £220,000, which is Arrear of the Brotherly Assistance,
is just; and order is given for it accordingly: And it shall be
communicated with the Scottish Commissioners, that it may be a perfect
Security.

10. The Tenth, for appointing a Quorum for attending the payment of
the Money, is already moved to the Parliament, and will be done as is
desired.

11. The Eleventh Article is very just, and order shall be given
accordingly for re-calling all Proclamations, &c. and for publick
Thanksgiving.

12. This Article for the Castle of Edinburgh, and other Strengths of
Scotland, is to be settled betwixt his Majesty and the Commissioners of
Scotland; or by his Majesty and Parliament of Scotland.

All which Articles are assented unto, and approved by his Majesty,
with Advice of the Parliament of England, and by the Committees of the
Parliament of Scotland; and are necessary, for publick Declaration of
mutual Consent; and for firm Observation, to be confirmed and ratified
in the Parliaments of both Kingdoms.

       *       *       *       *       *

_The Act of Pacification._

Be it therefore enacted by his Majesty, with the Assent of the Lords
and the Commons, in this present Parliament assembled, That the said
Treaty, and all the Articles thereof assented to as aforesaid, be and
stand for ever ratified and established, and have the Force, Vigour,
Strength, and Authority of a Law, Statute, and Act of Parliament.

Like as this afore-written Treaty, and whole Articles thereof, are by
his Majesty and the States of the Parliament of Scotland, enacted and
ordained in all time coming, the full force and strength of a true and
perfect Security, and Act of the said Parliament.

And his Majesty for himself and his Successors, doth promise _in verbo
Principis_, never to come in the contrair of this Statute and Sanction,
nor any thing therein contained; but to hold the same in all points
firm and stable, and shall cause it to be truly observ’d by all his
Majesty’s Lieges, according to the Tenour and Intent thereof, for now
and ever.

Like as the Parliament of both Kingdoms give full assurance, and do
make publick Faith in the Name of both Kingdoms Respectively, for the
True and Faithful Observance of this Treaty, and whole Articles thereof
Inviolably, _hinc inde_, in all time to come.

       *       *       *       *       *

2. _Principal Baillie’s Journal of the Assembly, 1642, in a Letter to
the Rev. William Spang._[295]

COUSIN,

You had long ago from me, an account of our parliament; what has
fallen out since in England and Ireland, you know it as well as I. The
world sees the passages daily in print, and it is like, many hands
will be careful to give account to posterity, of so many notable
pieces of state as have fallen out this year in our dominions. The
misintelligence of the King with his parliament continues to this day.
When they had found the accusation, and had assayed to arrest by force
in the middle of the House of Commons, five of their well-deserving
members to ____________ the King’s long stay in his way from Scotland,
and extraordinary caressing of the city of London, they became more
jealous than ever, that their old enemies were on some new ways to
make all their labours fruitless. Their great fears forced them to
these guards which occasioned the King in malecontentment to go from
Whitehall, and the Queen to leave the kingdom. Mutual misunderstanding
has ever since increased pitifully; the putting of Sir William Balfour
from the tower of London; my Lord Digby’s appearing in arms about
Kingston, his flight to Holland, and idle letters to the King and
Queen; my Lord Newcastle’s attempt on Hull, before Sir John Hotham’s
coming there; Sir John’s refusing to let the King enter; his Majesty
besieging of that place; my Lord Warwick’s using of the navy against
the King’s mind; the great desertion of the parliament, by noblemen
and others; that thrice traitor Goring’s delivery of Portsmouth to the
King, has now well near betrayed Ireland to the will of the barbarous
rebels, has put England in the posture of a most dangerous war, the
event whereof, what it may be, we tremble to think. The best-affected
of our council, before these evils went so high, thought meet to send
up our Chancellor to see what his counsel might effectuate betwixt
King and parliament. His Majesty, at that time, misliked the way of
intercession, and caused the Chancellor to return, requiring our
council withal to read and consider all that had passed betwixt him
and the parliament, that finding how much he was injured by them in
his just and legal prerogative, our council might, in name of our
kingdom, declare the sense of these wrongs to the parliament by what
commissioners they pleased. To this council-day were invited, by his
Majesty’s letters, all the noblemen and other counsellors who were
affected his way. The parliament, to preveen inconveniencies, moved our
commissioners to send down Sir Archibald Johnston, with a declaration
from them of their proceedings; trusting thereby to demonstrate, that
all their ways with his Majesty should appear necessary and just. Upon
that meeting of our council there were many eyes. The banders flocked
to the town with so great backing, the Chancellor and Argyle’s company
was so small, that there was a great rumour raised of a wicked design
against Argyle’s person; but incontinent the gentry and ministry of
Fife running over in thousands, and the Lothians with the town of
Edinburgh cleaving to Argyle above expectation, the banders courage and
companies of foot and horse melted away as snow in a hot sunshine. A
paper of Sir Archibald Johnston’s, as a letter to a friend, gave good
satisfaction to the minds of men. The petition of those who met was
so resolute, full, and well conceived. My Lord Montgomery’s petition
was so evil taken, that the council, however at the beginning for the
far most part so resolute to have concluded a boasting mediation to
the terrifying of the parliament, yet in end was glad to lay down all
such motions. Since the King was not able to carry his intentions, his
pleasure was we should desist for a time to essay any accommodation.
When the Marquis of Hamilton had left, first the parliament, and then
the King, we thought he had come to us with some instructions from the
one or both; but it seems he had nothing from either, but, to eschew
drowning, had chosen to leave both for a time, since both could not be
kept, and to both his obligations were exceeding great.

It were a pity that our armies were so unhappily employed, when there
is so fair an occasion offered to set our friends abroad on their feet,
and to put our enemies once for all, over the brae, never more to arise
to their terrible former greatness.

At this time I will only give you an account of our late assembly at
St Andrew’s. On our way we heard of sundry rumours of the banders
intention to essay their numbers, to extort from the assembly an
exposition of our covenant, favourable for an expedition to England,
for vindication of the King’s honour, which was alledged to be unjustly
trampled upon by the parliament. However, we found no footsteps, when
we came to the place, of any such plot; yet to preveen it, many of our
best noblemen thought meet to countenance the assembly: not only all
the noblemen of Fife—Weems, Burleigh, Sinclair, Elcho, Balcarras—but
Argyle also brought over with him, Eglinton, Cassils, Glencairn,
Lauderdale, Gordon, Maitland, and others, who all were elders, and
voiced. The parliament of England also thought meet to send to us, by
our commissioners, a declaration of their earnest desire to have their
church reformed according to the word of God, and a copy of their
petition to the King for peace. Lest the carrier hereof, Mr Robert
Barclay, should have been so long detained by the King, whom he was
directed to visit by the way, another copy was sent to us, which came
with Mr Borthwick’s man, on the fourth morning, from London. We thought
ourselves much honoured by the respectful letters both of the King and
parliament to us. It seems it concerned both to have our good opinion.

On Monday, the 26th of July, we came over the water; not without danger
and fear. Tuesday the 27th, we came to St Andrew’s. We found there,
in the people, much profanity and ignorance, swearing, drunkenness,
and the faults of the worst burghs, with extraordinary dearth. On
Wednesday the 28th was a fast. Mr Henderson preached graciously and
wisely, on 2 Cor., vi., 1, 2, 3; taxed freely the vices of ministers,
among other the humour of novation. In the afternoon, Mr Blair had a
sermon on Isaiah, lii., 7, 8, 9. He had preached thrice that week for
Mr Rutherford, and was unwell: it seems he expected Mr Andrew Ramsay
to have preached that diet, being the antecedent moderator; but he was
absent, not being a commissioner. After both sermons, we entered the
Old College with great trouble. Dumfermling took the chair of state for
the King. He was in his way for France; for hither his mind carried
him, against the heart of all his friends; but having this favourable
commission put on him, by all mens expectation, he came with a number
of his noble friends; his nephew, the Master of Zester, carried the
commission in a purse before him. After prayer, the moderator leeted
Mr Robert Douglas, Mr James Bonner, Mr Andrew Cant, Mr Robert Blair.
Cassils, for keeping of the assembly’s liberty, caused add Mr Robert
Ramsay. Mr James Bonner, got some voices; the rest almost none: but
unanimously Mr Robert Douglas was chosen. Before the election, the
commissions were given in, the names were read and booked. Want of
charges made many presbyteries send but one minister. The commission
was referred to consideration, because of a clause of the chancery,
of not transferring the synod without his Grace’s advice. The King’s
letter was read: it was very gracious; yet had a discharge express
enough to meddle with any thing concerned us not. The Commissioner
craved liberty of assessors: (he spoke little and low.) It was refused,
except for private consultation. The King had written to the Marquis of
Hamilton, Argyle, the Chancellor, Morton, and Southesk, to attend, and
assist him. Argyle read his letter; but professed his presence there
alone, in quality of a ruling elder from the presbytery of Inverary.
Southesk sat at his foot-stool, and oft whispered his unsavoury advice.
None of the other appeared. The commission from Campvere was welcomed.

Thursday, July 29th, I was sent for by the moderator in the morning
to Mr Blair’s chamber. There the moderator had appointed his private
meetings with his assessors, for regulating of difficult affairs. The
members were secretly advertised; for none were allowed publickly;
Mess. Henderson, Cant, Dickson, Blair, Fleming, Argyle, Cassils,
Lauderdale, Sir Archibald Johnston, Mr George Winton, and John Binnie.
We resolved there upon the committees. We were feared for a storm about
novations. The ablest men of the kingdom were present. I advised to
name the committee for regulating of Shetland and Orkney first, and
put upon it these men from whom they expected more fashrie, such as
Mr Harrie Guthrie, Mr David Dogleish, and sundry moe. The committee
for bills and reports I got too ordered, that Mr James Bonner became
moderator for the one, and Mr Robert Ramsay for the other, with Mr
George Young his clerk, who made all the reports in face of the synod,
as he had done twice before; only some of my friends were neglected
through my forgetfulness, who therefore were like to have created
us trouble, had I not gotten some employment to them thereafter.
The clerk had drawn up a number of matter for the synod, which then
we examined. No sermon that day, for Mr R. Ramsay nominate by the
moderator but yesternight, had refused. In the assembly the committee
for bills, reports, and Shetland, were appointed, as we resolved. The
commissioners for visiting the universities of St Andrew’s and Glasgow
were renewed. I admired the industry of Argyle. All the diets of our
synod he kept, and did give most and best advice in every purpose that
came by hand. Our privy committee, before or after the assembly, he
never missed; the committee for visitation of the universities, had
punctually attended, and yet never complained of weariness. We put
Eglinton on the committee of bills, and Glencairn on the reports,
where he became a little more busy than was well taken. Because of the
ignorance of acts of the general assemblies, the clerk was desired
to draw together in one body the general acts of the old assemblies,
to be ready for the press, and to print, without delay, the acts of
the last five assemblies. Mr George Haliburton was somewhat tedious
in his speeches anent the plantation of Dundee. His son was presented
by the Viscount of Didup; yet at the town’s desire, the young man did
pass from his presentation. Mr D. Dogleish spoke much and well, but so
boldly and oft that he was little regarded. Mr George Gillespie’s cause
came in. His patrons Weems and Elcho spoke much for his retention:
himself also was very earnest to stay. Many marvelled of the difficulty
was made, since long before, as he was alleged, the city of Edinburgh
had agreed with Mr George for his transportation with his patrons
consent. The King’s letter was read again, and overtures for Papists
and presentations were referred to the moderator. The committees were
appointed in the afternoon. At our meeting, it was laid on Mr Henderson
to answer the King and parliament’s letters. The overture anent Papists
was committed to me; which I drew, as it was thereafter approven in
the assembly, without alteration. We spake much of patronages. The
overtures whereupon the commissioners of parliament had agreed on with
the King, I shewed was of no use to us; for it was hard for us to find
one person to a vacant kirk; but to send up six to the King, where-ever
he was to present any one, whereof we would assure should be accepted
by all who had interest, it was not possible. Argyle made a fair offer
for himself, and all the noblemen present, hoping to persuade other
noblemen and gentlemen to do the like, that they would give free
liberty to presbyteries and people to name whom they would to vacant
places, upon condition the assembly would oblige intrants to rest
content with modified stipends. I reasoned against this condition, not
for stipends already modified, but where benefices were yet entire; for
there it was hard for us to dilapidate these few relicks with our own
hand. Lauderdale was much against popular elections. So we resolved to
have nothing spoken at all of patronages.

Friday, 30th, the provincial assembly-books were produced by the
commissioners where the clerk resided. A very well-penned letter
by sundry noblemen and gentlemen was read for help of ministers in
Ireland. After much private debate, Mr D. Dickson having peremptorily
refused it was laid by the voices of the assembly on Mr Blair and
Mr James Hamilton to go to Ireland for the first four months; on Mr
Robert Ramsay and Mr James Maclelland for four months following; on Mr
John Livingston and me for the next four. It came so suddenly on me,
that all my opposition was in vain; and it was the assembly’s care,
to beware lest all the men that went over to that land should be in
danger, in the first settling of that church, to favour any differences
from our church. There was much debate for reading of the parliament
of England’s letters. The commissioner was passionate, that no answer
might be given to them till the King’s license might be obtained for
that end. When his weeping could not obtain this, Southesk suggested
the delay of answer only for twenty-four hours. This also was refused;
for however the answer was not ready for some days thereafter, yet we
esteemed it a dangerous preparative, to be hindered to answer when we
found meet, the motion made to us by less considerable parties than the
parliament of England. Mr Robert Brown having satisfied the presbytery
of Penpont for his long delay to come to the covenant, upon his humble
petition was received an expectant. After noon, in our committee, the
book of the commissioners of the last general assembly was revised, and
approven by us. Mr Henderson made a long and passionate apology for his
actions, That the nomination of William Murray to be agent for the kirk
till the next assembly, was by the commissioners, and not by him; that
the man had done many good offices, and none evil, to the church; that
he had refused to serve any longer in that place; that what himself
had got from the King, for his attendance in a painful charge, was
no pension; that he had touched as yet none of it; that he was vexed
with injurious calumnies. After the venting of his stomach, to all
our much compassion, the gracious man was eased in his mind, and more
chearful. It is true, some expressions in his sermons before the King,
and his familiarity with William Murray, who was thought to be deep
in all the plots, made him somewhat less haunted by our nobility than
before; and Mr David Catherwood, and Mr Andrew Kirkhall, their censure
of the ministry of Edinburgh in the late provincial of Lothian, for not
applying their doctrine to the evil of the times; also his dissuading
of his acquaintance, at Mr William Scot’s burial, to come over to the
council-day, and his small countenancing of the ministers petition
to the council, occasioned many unpleasant whispers against him; but
certainly the man’s great honesty, and unparalleled abilities to serve
this church and kingdom, did ever remain untainted.

Mr R. Blair and Mr S. Rutherford moved us to assist them for an act
of transportability. There was a great heartburning for the time in
the town. Mr Andrew Afflect of Largo had been nominate by Mr A. to be
his colleague in St Andrew’s. The whole town did much affect him. Mr
Robert and Mr Samuel had given once way to his transportation hither:
yet when Mr James Bruce, Mr Arthur Morton, and Mr George Hamilton, had
carried the plurality in the presbytery, for his keeping at Largo, his
doctrine not being so spiritual and powerful as the case of St Andrew’s
required, Mr Robert plainly avowed his dissent from his transportation;
whereupon almost the whole town did storm, and refused to regard any
of Mr Robert and Mr Samuel’s desires. This made both urge at least a
transportability. I helped Mr Samuel to obtain it; but to my great
repentance, if he makes any use, as he is too much inclined, of that
his liberty. Mr Robert got some more contentment by the transporting
of Mr Andrew Honniman to be his colleague. Mr Andrew Afflect also was
taken to Dundee for the ending of that tough plea betwixt the town and
the Constable.

All this while my Lord Eglinton was seeing what he might get done for
my retaining. He was assured by all, that the assembly would transport
me; and, for this effect, Edinburgh had sent a warrant to their
commissioners, which I knew not for the time. His Lordship, therefore,
resolved to speak nothing of his appeal; only he required the favour of
an act to transport in the synod of Glasgow any he could find without a
burgh and nobleman’s residence. This was granted; and so his Lordship
went away, being much afflicted with the death of his noble son Sir
Alexander, the Colonel.

The fourth session was on Saturday, July 31. A letter from a number
of English ministers at London was read, shewing their desire of
Presbyterian government, and a full union with our church. The question
of Mr John Bruce’s admission came in. The patron, presbytery, and
provincial synod, urged his receiving. William Rig, and the people,
vehemently opposed it, because of his great insufficiency, and neglect
of some part of his trial; he was decerned to be admitted. Mr And.
Stewart’s was agitate. The provincial of Galloway had made an act,
to put all transported Ministers in their bounds unto all the trials
required of expectants. This by all was thought to be absurd; yet
the clerk fell on an overture concluded in the last assembly, giving
liberty to presbyteries to put ministers to some trial. The exposition
of this act was committed to some who made a commodious interpretation
thereof. Sundry bills, and reports of particular affairs, were
discussed.

On Sunday Mr David Dick preached, most on the afflictions of ministers,
for the comfort of Mr Blair as I took it; but was not thought pertinent
by the most. After noon, Mr And. Cant preached zealously on, “The zeal
of thine house hath eaten me up.”

Session fifth, Monday, August 2. The principal of the English
parliament’s declaration to us, with their petition for peace to the
King, being presented by Mr Robert Barclay, was read. The King’s very
sharp answer, presented by his Grace, was read. After it, we had
some debate in our committee about the publick reading of the King’s
answer; yet all consented it should be read. The assembly resolved to
supplicate the King, and to deal with the parliament, for peace. The
pieces were drawn up by Mr Henderson, and committed to my Lord Maitland
to deliver; which produced that gracious return from the parliament
which ye see in print. A number of bills and reports were dispatched.
Mr John Guthrie, though he had satisfied for his late subscription of
the covenant, and was earnestly supplicate by the whole provincial of
Murray, yet the patron Duff’s dissenting, could not be replanted in
his old church. The assembly presented Mr George Halyburton to the
church of Bonimoon. The presbytery of Brechin alledged their right. It
is resolved, that the rights of presbyteries and synods must cease,
and dissolve in the hands of general assemblies sitting. That great
contest had been in Glasgow anent the choice of their session, we got
it settled with motioning the occasion; the old session was ordained
to chuse the new: but that question which some would have moved, If
the old session, being viciously chosen, was to be the elector? we
did suppress. The negligence of some clerk had lost the most part
of the acts of the presbytery at Newcastle; but it was ordained to
deliver all could be had to Sir Archibald Johnston, to keep them _in
retentis_. In the afternoon we had much debate for novations in our
committee. Mr Andrew Cant, as I alledged, been put to by his nephew,
did much extenuate them. Mr Henderson and Mr Robert Murray fell
sharply on him. He freed himself of all suspicion. I was vexed on all
hands in the committee. I was mouth for these who pressed the danger
of novations; out of it I was beaten on as too slack in that matter.
When, by the cunning delays of some, the matter was like to be cast
to the end of the synod, and so to evanish, I gave over my agentry;
whereupon those who hated novations being enraged, drew a petition to
be subscribed by too many hands. This I brought to our committee. It
put them in a fray of division. They laid on me to draw an act, which
I did to the satisfaction of all once. Yet thereafter some of our
committee, repenting of their consent, it was laid on Mr Henderson to
make an explanation of the former act anent novations. His draught did
displease more than mine. At last, for fear of scandal, we agreed on
pressing for the time all acts, and writing a letter by the moderator
to the presbyteries troubled with novations. This letter I drew to the
satisfaction of all; yet, after the assembly dissolved, the form of my
draught was altered. This letter was brought from the presbyteries it
was sent to, to our provincial synod, where we got it inserted in the
questions of our visitations of churches, that novations in our bounds
should be stopped according to that letter. This was the most difficile
matter in our synod. Our northland brethren were much inflamed; and if
it had come in face of synod, would have made a violent act; yet the
places of those evils being alone among us in the west, they did leave
the agenting of it to us. Divers practices of the brethren of Galloway,
specially the deposition of Mr Gilbert Power, had wakened many of us
against their new way; yet the managing of that matter falling, by
God’s providence, in my poor hands, it was guided so peaceably as I was
able, and all was for this once fairly carried to all sides reasonable
contentment.

The next three sessions, on Tuesday, August 3d, and Wednesday, 4th,
before and after noon, were spent on particulars, or perfecting the
particulars before mentioned. Every assembly is troubled with the
plantation of Edinburgh. A little before this assembly, their clerk,
Mr Guthrie, with his side of the council, had been busy to have drawn
in his good comrade Mr Andrew Fairfoul from Leith; but the most of
the town being grieved with the motion, called themselves together
in the church by the bell after the second sermon; and finding my
transportation to Glasgow passed, gave a call in the synod to three;
the one failing the other, Mr James Hamilton, Mr David Forest, Mr Mungo
Law. To Mr James they gave a _Nolumus_. Mr David did so peremptorily
refuse in private and publick, that a whisper went amongst us he had
a dangerous disease; yet when four of us were sent out to confer with
him, we found nothing but too great and somewhat melancholick modesty
in the man. Upon our report, the assembly voiced him abiding. In the
meantime, the council of Edinburgh sent over to their commissioners
new instructions to petition for me and Mr Robert Knox. My matter was
then past. Mr Knox was not well liked of: so they moved only for a
power to the commissioners of the general assembly to plant them in
one man. They pitched on Mr James Wright; but his health was known to
be so extraordinarily evil in the town, that we voiced his abiding: so
yet they have been unhappy in their choices. The last synod sent to
presbyteries a number of overtures for regulating of transportations.
No diligence to count of was used for their examination or perfecting;
so they passed in acts at this time, rashly enough in my judgement; but
because of my interest, I meddled not in that matter. The Isle of Sky
was adjoined to the province of Argyle, and not to Ross. The Earl of
Irvine was licensed to take over to France any two ministers he could
persuade for his regiment; the one to be provided in 1000 pound; the
other 1000 merks, with entertainment to themselves, horse, and man.

Sessions ninth, tenth, eleventh, and twelfth, on Thursday and Friday,
these acts passed which ye see in print, with a number of particulars.
The synod of Galloway was much eyed for divers of their rash acts.
Their act for putting ministers to the trial of expectants was
repealed; their deposition of an old man, Mr George Kincaid, near
eighty years, for insufficiency, was found unjust. The causes of Mr
Gilbert Power’s deposition by all were found null, and he ordained to
be reponed by Mr James Bonner. At the day of reposition a number of
gentlemen and others came to the church, and with clubs and staves made
opposition. This insolency filled all the country with clamour, and
made the horns of the new way a little more conspicuous. The disdain
of that affront cast good Mr James Bonner in a long and dangerous
fever. In our meeting at Edinburgh we concurred with Mr Gilbert to
complain of the riot. The council took order as we desired; only we
advised, and sent our advice to the presbyteries of Galloway, to put
all who were convicted to their publick repentance at the churches
of Maybole and Staniskirk. Upon the parties humble penitence, and
Mr Gilbert’s peaceable repossession, we resolved to supplicate the
council for the mitigation of the civil censure. Mr George Young,
clerk of the reports, and some others, handled that matter so, that
the impenitency of these of Galloway was palpable to the whole synod.
There was a fashious process also from the presbytery of St Andrew’s.
Mr David Merns, a man blameless, and of common parts of learning, had
been deposed truly for insufficiency; but a number of other things were
put in his sentence, which all are found to be null. With much ado
the sentence stood; but with some qualification for the man’s credit,
and a provision out of his church of 400 merks till he was otherwise
provided. Mr Andrew Afflect, Mr Andrew Peme, and Scottiscraig, were
appointed for visitation of Orkney and Shetland. The sighting of the
provincial books was for good purpose. A commission was drawn up, as
you see in print, for attending now and then in Edinburgh. A number of
good motions was recommended to their care. Upon Argyle’s contriving
and motion, Maitland unanimously was sent as our commissioner to King
and parliament, wherein he proved both wise, industrious, and happy.
Montgomery’s petition came in hands; sharp enough flyting there was
about it betwixt his Grace and Argyle. Always for time to come we made
an act against such presumption. For the transmitting of our covenant
to posterity, it was appointed, that of the principal there should be
three famous transumpts under the hand of the clerk-register, the clerk
of the Assembly, and council to be set in the books of parliament,
assembly, and council. Mr James Fairly had oft been a supplicant for
some place in his great necessity; when, after long delays, there did
no possibility appear of any flock who would be intreated to receive
him, at last Mr Andrew Affleck’s transportation to Dundee opened a door
to young Durie in Largo, where he was patron, to receive his old master
to all our requests.

On Saturday was our thirteenth and last session. Here a fast was
appointed. The causes were drawn up by some longsome and unmeet hand;
the draught read was misliked, and drawn better, as you may see. Yet
the printed compend is not so good as this. The motion for twenty
shilling from every church granted to James Murray for this year also,
it is like it will not be granted again. It is thought a needless
burden. The man is called weak, and dear in his extracts. I dissuaded
Sir Archibald from moving any thing of an adjunct; yet he did venture,
and carried it. He showed his willingness to serve us all his days
faithfully and gratis; only for his help he desired he might have one
to assist the kirk-meeting when he could not attend, and for giving of
extracts, for whose actions he should be answerable. No man opposed the
motion. Scotscraig, since no expences was allowed, excused his voyage
to Orkney; and the tutor of Pitsligo was named for him. Commissioners
of the neighbour presbyteries appointed to meet with the presbytery of
St Andrew’s, for settling the differences anent the plantation of the
town, which was done with good success.

The next assembly appointed at Edinburgh the first Wednesday of
August. The moderator spake very wisely both to ministers and elders,
especially about keeping of unity, and being aware of novation. All
ended in great peace and love.

After the assembly we had not much inward trouble. The letter about
novations we made be read in our provincial synod of Irvine, and from
thence to be sent to particular sessions, where it calmed somewhat the
headiness of people; but the brethren which were taxed thereby, whereof
there were some six or seven in Ayr, and two or three elsewhere, were
the more stirred, and prepared themselves to write, as they say, for
strengthening their tenets. Some of them are very heady; yet we are
comforted, that they increase not in number, the excesses of some
of their followers, who have fallen into rigid Brownism in whole,
does much scar good people from that way; as also the presbytery of
Edinburgh their diligence, who, upon the delation from the synod of
Aberdeen of one Gearnes, a gentleman, his avowed Brownism, caused
read out of all the city-pulpits a warning against that way. In that
our provincial made good overtures, for absence, and visitation of
churches, which Mr Robert Ramsay drew up. They were too long. If we get
the substance of them past the general, which we mind to try, as we
got them through the provincial, our church-discipline will be better
executed.

The commission from the general assembly, which before was of small
use, is like almost to become a constant judicatory, and very
profitable; but of so high a strain, that to some it is terrible
already. In one of the two or three meetings I was present; for beside
the public advertisement from the moderator of the last general
assembly, who is constant convener and moderator, I was seriously
desired to come by my Lord Wariston. Our errand was, to hear account of
my Lord Maitland’s negociation. He delivered to us the parliament of
England’s return, granting all our desire, in abolishing of bishops,
and requiring some of our ministers to assist at their synod against
the 5th of November, or when it might be called. Of this we were very
glad, and blessed God. From the King, his answer was, a promise to
consider our desires. It was found expedient to nominate commissioners,
that they might be in readiness. It was intended by some, that only
ministers should go, and that very few. In the meeting I moved the
conjunction of elders; but I got not a man to second me; so I gave
it over: yet the absurdity and danger of such an omission pressing
my mind, I drew up reasons for my judgement, which I communicate to
Argyle and Wariston; and when they liked the motion, I went so about
it, that at the next meeting it was carried without opposition.
Fearing I might be one of the number to go, I dealt in private to my
uttermost to decline it; besides the hazardous travel, I remember the
great loss I was very near to have suffered by my last voyage, had
not my good friend Mr George Young represented to my Lord Chancellor
and Argyle the truth from the writ. Always my experience made me upon
many grounds to decline that voyage, some whereof intending to be
gone before the election. Sundry would fain have been employed; and
lest they should have gotten themselves named, Argyle, in his cunning
way, got them on the committee of nominators. That committee named
Mr Alexander Henderson, Mr Robert Douglas, Mr Samuel Rutherford, Mr
George Gillespie, and me; Cassils, Maitland, and Wariston, for elders.
Mr Alexander was extremely averse from going, protesting his former
expectation of death before he could attain London: but when all could
not avail, he passionately complained of the great ingratitude he had
found of sundry, who put heavy burdens on him, and were ready to invent
or receive injurious calumnies of him. Cassils was much averse, and
made great opposition. Every man said something; but no man was gotten
excused. The miserable condition of the English affairs have yet kept
us all at home.

       *       *       *       *       *

3. _List of Overtures in, and Acts of the Estates of Scotland, bearing
reference to the Church, from the 15th of May 1639, to the 17th of Nov.
1641, from Chronological Table of Acts_, vol. v.

1639.

_Sept. 6._ The Covenant subscribed by the Lord
Commissioner—Ratification of certain Acts of Assembly—Dr
Balcanquell—Grievances of Ministers of the North—Augmentation of
Stipends—Presentation to Churches—Acts of Parliament in favour of
Bishops’ [rescinded] Oaths, prejudicial to Covenant—Profanation of
Lords Day, &c, p. 253.

_Sept. 7._ Salmon Fishing, and feeing Shearers upon Sunday—Lands and
Benefices of Chapters.—_Ibid._

_Sept. 10._ Salmon Fishing upon Sunday—Kirk of St Magnus,
Kirkwall—Minister of Brechin—Two Ministers and Reader in Elgin—Minister
of Auchtertool—Acts against Drunkenness and Blasphemy—Procurator of the
Kirk, Clerk, and Agent—their Fees—Augmentation of Ministers Stipends,
p. 256.

_Sept. 11._ Supplication of Assembly anent Large Declaration—Expenses
to Commissioners of Assembly—Prohibition of Marriage of Scotsmen
in England—Against Papists and Jesuits—Kirk of Montrose—Disjoyning
of Denny from Falkirk—Kirk of Anveth—State of the Church of
Glasgow—Parsonage of Meigle—Churches of Elie, Carsfernie, Glenlyon,
and Fartrahill, Chanonry of Ross, Kirk of Ferne, and Auchterteull,
p. 256. Parochines of Craigie and Riccarton, p. 258. Minister
of St Nicholas, Aberdeen—Sentences given by High Commission
against Ministers—Plantation of Schools—Provision of Gleibs and
Manses—Presentation to Vaikand Kirks—Ratification of Acts of Assembly
and Covenant, p. 259.

_Sept. 17._ Act anent Episcopacy, &c., to be separated—Reservation
of Commissioner in subscribing Covenant delete (in Privy Council
Register)—Act against Episcopacy, pp. 260-61.

_Sept. 20._ Earl of Errol and Minister of Turreff, p. 262.

_Sept. 24._ Act against Episcopacy, and Commissioners Declaration
thereanent, p. 263.

_Sept. 25._ Kirk of Carrestone, p. 264.

_Sept. 28._ Visitation of University of St Andrews—Tacks of Lands, p.
266.

_Oct. 1._ Vassals of Bishops—Erection of Parishes, dismembering of
Kirks, &c, Kirkmaden, Hospital of Balhagardie, Girwan and Daily,
Glenlyon and Fotheringall—Regiments to be furnished with ministers, p.
268.

_Oct. 3._ Commission for Surrenders and Tithes, and Plantation of
Kirks—Presentation of Benefice of Dumfries, p. 271.

_Oct. 4._ Erection of Steeples—Paroche Kirk of Langsyde, p. 272.

_Oct. 5._ Ratification to Town of Edinburgh anent Augmentation of their
Ministers Stipends, p. 273.

_Oct. 7._ Distinction of Spiritual and Temporal Lords of Session, pp.
274-8.

_Oct. 8._ Anent Mortifications in favour of Colleges and Hospitals, p.
275.

_Oct. 10._ Presenting Ministers to Kirks—Union of Kirks, p. 276.

_Oct. 11._ Admission of Ministers to Kirks which belonged to
Bishoprics, p. 277.

_Oct. 14._ Planting of Kirks Usurped by Bishops—Laird of Tillythroskie
against Minister of Birse, pp. 278-80.

_Oct. 17._ Plantation of Kirks—The Procurator for the Kirk, p. 281.

_Oct. 23._ Visitation of University of St Andrews, p. 281.

1640.

_June 11._ Ratification of the Acts of Assembly, p. 291. Of Confession
of Faith and Covenant—Supplication of General Assembly 1639, and Acts
of Privy Council and Assembly, ordering Subscription of the Covenant,
p. 292. Act Recissory, p. 298. For Planting Kirks vacant by default
of Patrons—For Admission of Ministers to Bishops Kirks, p. 299. Acts
Discharging Salt Pans and Salmon Fishing on Sunday—Against Papists,
p. 300. Against hiring Shearers on Sunday, p. 302. Anent Large
Declaration, p. 302. Act in favour of Vassals holding of Prelates and
Chapters, p. 305. Act in favour of the Procurator, Clerk, and Agent for
Kirk for their fees, p. 315. Act and Band for Maintenance of Acts and
Constitution of this Parliament and of the Religion, &c, p. 316.

1641.

_Aug. 5._ Supplication of the Synod of Galloway against Thomas Mackie,
p. 354.

_Aug. 9._ Declaration of General Assembly anent the Band subscribed by
some Noblemen, p. 355.

_Aug. 13._ Proclamation discharging Noblemen and others who have not
subscribed Covenant, to have seat or vote in Parliament, p. 361.

_Aug. 20._ Universities and Schools—Articles and desires given in by
the Commissioners of the Kirk—Overtures concerning Universities and
Schools, p. 365.

_Aug. 24._ The Treaty and Registration thereof, p. 369.

_Aug. 26._ The Treaty—Anent Ratification, p. 371.

_Aug. 31._ Ratification of Treaty, p. 286. Act and warrant for
publishing and printing of the Acts in June 1640, p. 387.

_Sept. 1._ Vicarages—Monuments of Idolatry—Suspensions of Ministers
Stipends—Papists and Non-Covenanters, p. 387. Discharging unlawful
Marriages, p. 388.

_Sept. 2._ Vicarages—Non-covenanting Patrons—Escheitts of
Papists—Monuments of Idolatry, pp. 388-9.

_Sept. 9._ Profession of Theology in University of Glasgow—Monuments
of Idolatry—Noncommunicants and Excommunicates—Suspension of Ministers
Stipends, and Colleges, Schools, and Hospitals, pp. 393-4.

_Sept. 10._ College of Glasgow—Distressed Ministers in the
North—Monuments of Idolatry, &c., pp. 394-5.

_Sept. 11._ University of Glasgow—Propositions from Assembly, pp. 397-8.

_Sept. 14._ Distressed Ministers—Commission for Plantation of Kirks, p.
398.

_Sept. 17._ Committee for Ministers in the North, pp. 404-9.

_Sept. 24._ Gifts of Bishops’ Lands, Rents, &c.—Overtures from
Kirk—Distressed Ministers, p. 410.

_Sept. 25._ Supplication of A. Johnston, Procurator for Kirk, pp.
413-17.

_Sept. 28._ Exoneration of Mr A. Henderson, p. 417.

_Sept. 29._ Act anent A. Pitcairn, Minister at Tannadyce, p. 422.

_Oct. 5._ Disunion of Kilmarnock Kirk, p. 428, and pp. 431-2.

_Oct. 22._ Commission and Overtures for the Kirk, p. 439.

_Oct. 26._ Committee for the Kirk—Kirk of Crieff, pp. 441-2.

_Oct. 30._ Reader at Kirk of Meigle, pp. 444-5.

_Nov. 1._ University of St Andrews, pp. 445-8.

_Nov. 3._ Ratification of the Gift, and Mortification of the Rents of
the Bishopric and Priory of St Andrews to the University, p. 449.

_Nov. 12._ Commissioners for the Kirk, p. 460

_Nov. 13._ Reasons for reuniting the 7 Kirks in Dumbartonshire as they
were in former time—Commissioners for Plantation of Kirks, p. 461.

_Nov. 15._ Plantation of Kirks—Breakers of the Lords day—Collegiate
Kirks, Provostries and Prebendaries, pp. 466-73. Commission for
Plantation of Kirks, p. 470.

_Nov. 16._ Supplication of John Guthrie, late Bishop of
Morray—University of St Andrews—Collegiate Kirks—Superiority of Bishops
Lands, p. 482. Commission for Visitation of Colleges of St Andrews,
p. 498. Act in favour of Laik Patrons of Provostries, Prebendaries,
Chaplainries, and Altarages, p. 500.

_Nov. 17._ Act anent the erection of the Kirk of Elie, p. 559. Do. of
Anstruther Easter, p. 561. Denny, p. 562. Ratification of the Bishopric
of Aberdeen to the Colleges, p. 565. To the College of Glasgow, p.
566. To the Kirk of Leith, p. 567. Kirk of Carrestoun, p. 568; and
Bonds to Kirk thereof p. 569. Ratification to Minister of Turreff,
p. 569. Of Patronage of the Kirk of Dyke to Earl of Dunfermline, p.
569; and Lordship of Dunfermline p. 571. Ratification to Leslie of
Tack of Bishopric of Orkney, p. 577. Do. in favour of Minister of
Culross, p. 578. Ratification to Marquis of Hamilton of Patronages
of Calder and Monkland, p. 588. Ratification of disuniting Kirks of
Kirkmabreck and Kirkdaill from Anveth, p. 595. Do. Teinds of Calder
to Stirling of Keir, p. 596. To Minister of Donoone of 1200 merks,
p. 597. Ratification of Barony, Regality, and Temporality of Glasgow
Bishopric to Duke of Lennox, p. 597. Of Cathedral at Dornoch, p. 599.
Do. to Minister and Schoolmaster at Glenluce, p. 6O2. Ratification of
Gift to Town of Edinburgh of Teinds, &c., of Bishopric of Edinburgh, p.
605. Teinds of Kilrennie, p. 606. Castle of Spynie to Innes, p. 607. Of
1000 merks to the Cathedral of Dunkeld, p. 607. Patronage of Kirmaden,
p. 608; and a great number of other ratifications of the same kind,
amounting in all to 360—passed _in cumulo_.




  THE
  GENERAL ASSEMBLY,
  AT EDINBURGH, 1643.


The proceedings of the Assembly in 1642, us the reader must have
perceived, from the nature of some of its Acts, were of a very
important character and tendency; and, having given the authenticated
record, it now becomes requisite, with reference to the current of
events, to recur to these in connection with the political occurrences
with which they were combined, as forerunners of the proceedings in the
Assembly of 1643.

It will be recollected that, some months previous to the Assembly of
1642, a complete rupture had taken place betwixt the King and the
English Parliament—that both parties were busied in preparations for
an appeal to arms—that the Commissioners for the Scotch Covenanters
had tendered their mediation, and obtruded their unseasonable project
for establishing Presbytery in England as the means of allaying all
animosities betwixt the King and his English subjects—(a proposition
which was reproved by the King, but encouraged by the parliamentary
leaders)—and that, notwithstanding the King’s reasonable objections
to the Scotch intermeddling with the affairs of England, a popular
petition was presented to him, through the Scotch Council, persisting
in these hostile intervenes respecting the Church of England. This took
place on the very eve of the meeting of that Assembly on the 27th of
July.

The King’s letter to the Assembly gave assurances of the most friendly
kind with respect to the Kirk as now restored to its Presbyterian form
and privileges, and called upon it to promote peace and obedience to
the laws by precept and example. Soon after it met, a “Declaration
of the Parliament of England” was also laid before it; but neither
the date of that document, nor of its receipt, nor of the answer to
it which is subjoined in the printed Acts, appears from thence. To
the King’s letter, it will be observed there is, in the answer, an
exuberant declaration of “great joy and gladnesse” on hearing it read,
and assurances of promoting loyalty, peace, and religion. But this is
followed by a pressing demand for “unity in religion and uniformity of
church government, as a meane of a firme and durable union betwixt the
two kingdomes, and without which, former experiences put us out of hope
long to enjoy the puritie of the Gospel with peace,” &c.; and all this
is wound up with a high rhetorical flourish. In the Declaration from
the Parliament, the cunning malcontents, by whom it was sent, adopted a
language suited to the taste of their Scottish confederates, ascribing
all the troubles to “the plots and practises of a malignant party of
Papists and ill-affected persons, _especially_ of the corrupt and
dissolute Clergy;” the “instigation of Bishops and others,” actuated
by “avarice and ambition, being not able to bear the reformation
endeavoured by the Parliament.” And they express great concern for the
King’s honour and state, “the glory of God, by the advancement of the
true religion, and such a reformation of the Church as shall be most
agreeable to God’s Word.”

To this vague and guarded communication, the Assembly made an elaborate
answer, intimating “their serious thoughts and earnest desires for
unity of Religion; that in all His Majesties dominions there might
be one Confession of Faith—one Directory of Worship—one publike
Catechisme—and one forme of Kirk Government;” and for “suppressing
the names of heresies and sects, Puritans, Conformists, Separatists,
Anabaptists,” &c. In conclusion, the Assembly plainly suggests, to the
English Parliament, that “the Prelaticall Hierarchie being _put out of
the way_, the work will be easie, without forcing of any conscience, to
settle in England the government of the Reformed Kirks by Assemblies;
for although the Reformed Kirks do hold, without doubting, their
kirk officers and kirk government by Assemblies higher and lower, in
their strong and beautiful subordination, to be _jure divino_, and
perpetuall; yet Prelacie, as it differeth from the office of a pastor,
is almost universally acknowledged by the Prelates themselves, and
their adherents, to be but an humane ordinance,” &c., which, “without
wronging any man’s conscience, may be altered and abolished.”

Besides the letter from the Parliament, the Assembly were favoured with
a similar one from “some Ministers of England,” whose names, however,
are not given in the copy of it, but much more in accordance with the
views of the Assembly, inasmuch as they avow their preference of the
Presbyterian system. To this a cordial response was given, concluding
with a proposal for a united Assembly of the divines of both kingdoms
to settle all points of faith, catechisms, and directory for public
worship.

These several communications, from the Assembly of 1642, were
accompanied with applications to the Lords of Privy Council and
Conservators of the Peace for their concurrence in support of these
views and objects, by pressing them on the King and Parliament of
England. Lord Maitland was authorized to proceed thither with the
answers to the King and Parliament; and they gave instructions to their
Commissioners in London to enforce these preconcerted measures. But
the crowning act of this scheme was the appointment of a “Commission
for publike affairs of this Kirk, and for prosecuting the desires of
this Assembly, to his Majestie and the Parliament of England.” Of the
proceedings of this formidable Commission, we shall have occasion
to treat in the sequel. It comprised fifty ministers, ten noblemen,
and fifteen barons and burgesses, being in all seventy-five members,
who henceforward formed, as it were, a second House of Parliament
in Scotland, exercising functions that embraced both the civil and
ecclesiastical concerns of Scotland, as well as trenching upon those of
England. Its members were the leaders of the Covenant throughout its
career; and the laymen amongst them were those whose ardent zeal had
been rather quickened then quenched by the spoliation of the Episcopal
revenues, in the Scottish Parliament of November, 1641—an exemplar
which, doubtless, awakened the cupidity of many among the English
Puritans, who now panted for a similar and even more extended change;
for a large portion of these were Independents, and contemplated the
adoption of a more comprehensive appropriation in their legislation,
which might extinguish the Episcopal without rearing a Presbyterian
Church, and thus leave the wealthier endowments of the English Church
to the rapacious hands of the most potent among them.

In order to carry out the principles of this scheme, the Assembly
thought it fitting to keep up popular excitement throughout the
country; and, for this purpose, a fast was appointed, and the clergy
were enjoined to forward the “great work of unity of religion, and
uniformity of kirk-government,” by preaching and praying with their
flocks on the subject.

It is not necessary to notice all the subordinate Acts of that
Assembly, many of which were competent and laudable; but there was
one by which, without imputing any sinfulness to church patronage, or
proposing to abolish it, they merely sought to appropriate the exercise
of it to the Assembly itself. The King, in the great abundance of his
concessions, had agreed to exercise the royal church-patronage, by
bestowing presentations on some one in a leet of six to be named by the
Presbyteries within whose bounds vacancies should occur; and, founding
on this concession, the Assembly 1642 issued instructions to all the
Presbyteries, in the first instance, to transmit these leets through
the Synods to the Assembly, in order that its fiat might be given in
the selection of presentees. Such were the views of the covenanted
Assemblies on this subject. Yet much as they desired to possess this
troublesome privilege, they did not prize it so highly as to sacrifice
their clerical interests in its acquisition; for when Argyle offered
to renounce all his patronages into the hands of the Church, provided
they would relinquish all claims to augmentations of stipends in his
parishes, the proposal was rejected.

It is impossible to doubt that, in all these unexampled proceedings,
the Covenanters meant to intimate to the King their intentions to
make common cause with their fellow-sympathizers in England; for they
knew full well—and, if we are to give them credit for sincerity, they
had declared their acquiescence in the stipulation—that the King had
conceded Presbytery in Scotland upon the clear understanding that his
doing so should not imply any intermeddling with Episcopacy in England;
and his well known principles on that score, and uniform adherence to
them, left no reason to expect that he would ever consent to this, save
on the compulsitor of sheer force. Their proposals to that effect,
therefore, were tantamount to a declaration that they would co-operate
with the English agitators in forcing their favourite form of Church
Government upon him and England; and it is to be regretted that an
interference with the internal affairs of England—which was so entirely
beyond the legitimate sphere of the Scottish Estates, and which
ultimately led to the most calamitous consequences—was pressed with
such inflexible pertinacity.[296]

Amidst all these longings after “unity and uniformity in both
kingdoms,” however, in which these zealous men indulged, it is
important to ascertain the state of feeling among themselves, after the
time that they had obtained the ratification by the King and Estates
in Scotland of all their Acts of Assembly, &c. We shall not take the
accounts of Guthrie, Burnet, or other hostile chroniclers, nor the
statements of more modern writers, whether Whig or Tory—for we cannot
quite adopt all the views either of Mr Hume or Mr Malcolm Laing, the
latter of whom informs us that the “pure and unmixed flame of liberty”
which burned in the hearts of the Covenanters, “was fed and, at length,
gradually contaminated by the spirit of _religion_,” and that “the
limits of moderation and prudence were overstept by intolerant zeal—the
_distinguished attribute of an Established Church_.”[297] We prefer the
homely testimony of Baillie; and to those who, in our own times, talk
of the period immediately subsequent to 1638, as “the golden age” of
the Kirk, we commend the following passages for study:—

In one of his letters to his cousin Spang, referring to the doings of
the Parliament 1641, he says—

“Good Mr Henderson all the time was very silent, and under
misconstruction with the chief of his old friends, as if he had been
too sparing of his Majesty in these dangerous occasions, and that
in his sermons some sentences did fall from him prejudicial to the
States proceedings.”—(Vol. i., p. 334.) “There was a committee of our
Estates appointed to attend the Parliament of England, not so much
for the perfecting of our treaty, as to keep good correspondence in
so needful a tyme. None of the former Commissioners were employed but
Sir Arch. Johnston and Sir John Smith; for the most of all the rest
were fallen in the countrys dislike, complying too much with the King.
Certainly Dumfermline, Waughton, Sheriff of Teviotdale, Riccarton,
Clerk of Dundee, tint all credit with the States.”—(P. 335.) He gives
a sketch of the state of England thus:—“That country is in a most
pitiful condition; no corner of it free from the evils of a civil war.
Every shire, every city, many families divided in this quarrel; much
blood and unusual spoil made by both where they prevail.”—(P. 355) “Our
heartburnings increase, and with them our dangers.”—“We fear the two
part of our nobility, and many of our gentry.”—(P. 355.) “The affairs
of this Isle go as a ship exceedingly tossed in a dangerous sea.”—(P.
364.) And, referring to ecclesiastic matters, (p. 362,) he says—“The
matter of our _novations_ is worse than before.”—“The letter I procured
to some of our Presbyteries was made use of, as I wrote to you, in
our Provincial at Irvine. This did much exasperate the brethren who
were patrons of that way, so that immediately Mr Gabriel Maxwell,
by the consent of some others, did write, in five sheets of paper,
a full treatise, in a very bitter and arrogant strain, against the
three nocent ceremonies—_Pater Noster_, _Gloria Patriæ_, and kneeling
in the pulpit—by a great rabble of arguments, both particular and
general, which go far beyond these three particulars questioned, the
unlawfulness of our church practice;” and then he proceeds with details
of those polemics, which he winds up (p. 363) by saying, “I am doing
all I can to set all instruments on work for the quenching of that
fire.”

Such was the state of excitement in Scotland during the year 1642,
while the civil war was raging in England. The Parliament of the
latter having passed an ordinance for settling the militia in such
hands as they should think fit, the King, on the 11th of June,
issued his commissions of array; and, after hostilities had actually
commenced, set up the royal standard at Nottingham, on the 22d of
August, with great pomp and circumstance. We have already noticed the
brotherly correspondence betwixt the Assembly of 1642 and the English
Parliament; and the letter communicated a response through Maitland
to the Commission of Assembly, on the 21st of September, for which
it was “glad and blessed God.” Its purport was to the effect that
they purposed calling an Assembly of learned and godly divines; and
to insure co-operation in the war both of the pen and of swords,
that reply intimated that Prelacy “is evil, and justly offensive and
burdensome to the kingdome—a great impediment to reformation and the
growth of religion—very prejudicial to the state and government of
the kingdom—and that the same should be taken away.” But, with wary
caution, they abstained from pledging themselves to the establishment
of Presbytery.

The King, knowing full well that the Parliamentary leaders desired only
the assistance of the Scotch to demolish the English hierarchy, wrote a
letter to the Scotch Council (26th August) expressive of his anxiety to
adopt all necessary reformation in the English Church, but assuring it
that the Parliament had no intention to adopt Presbytery.

The Scotch Conservators, whom the Chancellor had appointed to meet,
assembled on the 22d of September; and efforts were made, by Hamilton
and others, to awaken a feeling of loyalty to the King, whose arms in
various conflicts had been successful. An answer was sent, in which
it was requested that the Queen, who was on the Continent, should
return to Britain and exert her good offices as a mediatrix; and they
pledged themselves that, should that mediation fail of success, they
would support the throne. This declaration was signed by the most
popular leaders—among others by Alexander Henderson. This favourable
disposition was, however, soon counteracted; for the great body of the
clergy, who had a morbid antipathy to Prelacy and a horror of Popery,
(even in soldiers, whom the King had employed,) took the alarm, and the
pulpits resounded with declamations on “the Kirk in danger,” which once
more filled the populace with alarms. The English Parliament, whose
military operations had hitherto been unpropitious in this conjuncture,
sent down a Declaration to the people of Scotland, expatiating on
the dangers to which religion was exposed, and entreating cordial
support—(7th November;) and the King, apprehensive of the effects
which might follow, sent a counter Declaration to the Council, which
was convened on the 20th of December, to consider both Declarations.
A struggle ensued. Argyle, who, for some time past, had been on
amicable terms with Hamilton, broke off to the alarmists and joined the
clerical party, insisting that both declarations should be published,
or neither. This was resisted, on the ground that it was putting the
English Parliament on a level with their own King, whose address it
was their duty, as his Council, to communicate to his Scotch subjects;
while, as regarded the Parliament’s Declaration, it was beyond their
province to recognise or act upon it. From that moment, the chief men
in the kingdom were openly divided into two parties in Scotland—the one
for the King, and the other for the Parliament of England.

Whenever it was known that the Council had resolved to publish only
the King’s Declaration, a new agitation arose, headed and excited
by the clergy; and great multitudes of the alarmists resorted to
Edinburgh in the beginning of January 1643. On the 6th of that month,
a petition was got up, thus enforced, and presented to the Council,
craving that the Parliament’s Declaration should also be published,
and that the publication of the King’s should not be held to imply
approval; and similar petitions were sent in from all quarters of the
country. In order to counteract these movements, Traquair, and many
of the most eminent nobility, and others, put in a “Cross Petition,”
requesting the Council to take no steps prejudicial to the rights
and privileges of the Crown, to keep in view the distinction betwixt
civil and ecclesiastical power, and to avoid giving any pledges to
the English Parliament, which might put the peace and religion of
Scotland in jeopardy. This Cross Petition, though apparently most
unexceptionable, and founded on sound constitutional principles, was
not to the taste of the excited clergy, who not only refused to join
in it, but exclaimed against “detestable neutrality,” and threatened
all who signed it with eternal damnation. The Commission of the former
Assembly, directing the popular torrent and swelling its force by their
authority, transmitted a declaration against the Cross Petition to all
Presbyteries, ordering it to be read from all pulpits, and enforced by
the ministers. Overborne by these wide-spread clamours, the Council
at length yielded, gave an evasive answer to the Cross Petition, and
appointed Commissioners to mediate betwixt the King and his English
Parliament—including in the number Mr Henderson and other clergymen.
These Commissioners were instructed to desire from the King, uniformity
of religion—that all Papists should be removed from his service—that he
himself should renounce Episcopacy—and that a Parliament in Scotland
should be called.

The exasperation thus created was increased by a feud betwixt Hamilton
and Loudoun, about certain leases of teinds enjoyed by the latter; and
the ferment excited by all these means was extreme.

These Commissioners went to Oxford immediately afterwards, (February,)
when the first proposition submitted to the King was contained in a
petition from the Commission of Assembly against Prelacy and Popery.
Though enforced by the private advice of Loudoun, that the King’s
acquiescence on this point would insure him the support of the Scotch
nation, he refused to yield, and soon after published a formal
answer to the application. Failing in this, the Commissioners urged
their mediation, and that a Parliament in Scotland should be called,
although, by an express act in 1641, the meeting of that Parliament
was, with consent of all parties, postponed till 1644. The King
declined to accede to either of these demands; and the Commissioners,
after being refused permission to go to London, returned to Scotland,
chagrined with the failure of their mission, and the coldness of their
reception at the King’s Court.

The Scotch agitators, however, were not to be thus baulked in
their designs. Having a complete ascendancy in all the executive
departments—in the Council—in the Committee of Conservators—in
the Commission for public burdens—a meeting of these three bodies
was convened on the 10th of May 1643, at the instigation of the
Assembly’s Standing Commission. It was then proposed that, in
consequence of the warlike position on the English frontier, it was
necessary to put the Border in a state of defence, and that for this
purpose a Convention of the Estates should be called without the King’s
previous sanction. This was opposed by Hamilton, the Lord Advocate, and
others; but all legal objections were overborne, and the convention was
summoned by the Chancellor for the 22d of June; an apology having, in
the meantime, been sent to the King for this unwonted proceeding.

The meeting of the Convention was heralded through the country by a
fast and political sermons. In order to quiet the scruples of many
honest and loyal Presbyterians, a scheme was devised for this purpose,
by getting up a Remonstrance from the Assembly’s Commission, setting
forth the danger of the Church and nation. This Remonstrance pressed
the Convention to make common cause with their English brethren; and
although it did not expressly mention the employment of an armed
force for the purpose, it was clearly implied that this, as on former
occasions, should be the mode of supporting religion; with this
difference, however, that, in 1639 and 1640, this had been done in
their own national quarrel, whereas now it would be an intervention
in the affairs of a foreign country. The Convention thus prompted and
cheered on to the crusade by multitudes who had thronged to Edinburgh,
resolved to arm the nation, and ordered troops forthwith to be levied.
Before the deliberations of the Convention terminated, a messenger
from the English Parliament arrived, and, with the characteristic
policy of the times, intimated from it, that, in conformity with the
communications to and from the last General Assembly, an Assembly of
Divines was about to be convened at Westminster, for regulating the
worship and polity to be introduced into the Church of England, and
uniformity to be established in these matters in both Kingdoms.[298]

These were the preliminaries to the meeting of the General Assembly on
the 2d of August 1643; and to the Acts of that Assembly we now refer
for a full developement of the spirit which emanated from that body.
The incidents of a political nature, and the sequences which followed
it, will form the subject of our next introductory chapter.

In the foregoing pages, we have endeavoured to trace, with an unbiassed
hand, a faithful picture of the ecclesiastical state of Scotland during
a period of six eventful years. In the progress of the scenes which we
have attempted feebly to delineate, we have marked the career of the
Covenanters from the earlier virtuous and patriotic resistance which
they made to lawless and arbitrary power on the part of the monarch,
in which our honest judgment and our cordial sympathies were completely
on their side.

We have now reached a new epoch in their history, which is of a
more equivocal character, and which has been the subject of much
controversy. On this ground, therefore, we deem it our duty to abstain
from all remark or reflection, as altogether unsuited to the nature
of our undertaking—leaving the documentary evidence which we present
to make its own impressions on the reader’s mind. We shall thus avoid
entangling ourselves in the mazes of party prejudice and contention
in reference to “THE SOLEMNE LEAGUE AND COVENANT,”[299] without
compromising our own views of the history of that period; and for this
course we see abundant reason, when we consider some recent events in
the movements of our Northern Church, which have produced a degree of
excitement that is but little calculated to ensure a dispassionate
consideration of the troubles in other times. Henceforward, therefore,
our Introductory Notes shall be limited to a Chronological Index of
events connected with the proceedings of the Church, in which it shall
be our study to avoid everything that can by possibility disturb the
nerves of the most fastidious partisans of any class of opinions.




  THE PRINCIPALL ACTS
  OF THE GENERALL ASSEMBLY, CONVEENED AT
  EDINBURGH, AUGUST 2, 1643.


Sess. I. August 2, 1643.

_The King’s Letter to the Generall Assembly, presented by His
Majesties Commissioner, Sir Thomas Hope of Craighall, Knight, His
Majesties Advocate._

CHARLES R.

Trustie and wel-beloved, We greet you well. The time now approaching
for the holding of the General Assembly of Our Kirk of Scotland, and We
having appointed Sir Thomas Hope, Our Advocate, to be our Commissioner
there, We thought good to present him there with these Our Letters, and
to take this occasion to minde you of the duty which you owe to Us your
Soveraigne, and to the peace of that Our Native Kingdome. How far We
have lately extended Our grace and favour towards satisfaction of your
humble desires, there is not any amongst you but may well remember:
And therefore in this conjuncture of Our affairs, it is but reasonable
that We expect from you such moderation in the dutifull proceedings
of this Assembly, as may concurre with Our Princely inclinations and
desires, to preserve that Kirk and that our Kingdom in peace; having
wel observed that alterations in points of Religion, are often the
inlets to civill dissentions, and the hazard, if not overthrow of
both Kirk and Kingdomes. Therefore of Our great affection and speciall
tendernesse to your peace (who, of all Our Dominions, are yet happie
therein to the envy of others) We conjure and require you in the fear
of God, and obedience of Us his Vicegerent, that your endeavours and
consultations tend onely to preserve peace and quietnesse among you.
And so We bid you farewell. Given at our Court at Oxford, the 22 day of
July, 1643.

To our right trusty and welbeloved Counsellour, Sir Thomas Hope,
Knight, Our Advocate Generall, and Our Commissioner at the Generall
Assembly of the Kirk in Our Kingdome of Scotland, and to the rest of
the said Assembly now conveened.




Sess. II. August 3, 1643.

_Overtures anent Bills, References, and Appeales._

I. That all Bills whatsoever of particular concernment, whereunto all
parties having interest are not cited, should be rejected.

II. That all Bills be first presented to the inferiour Judicatories
of the Kirk, who may competently consider of them, and from them be
orderly and _gradatim_ brought to the Assembly, according to the order
prescribed for Appellations in the Assembly of Edinburgh, 1639, in the
24 Sess. August 30.

III. That the said Act of Assembly 1639, anent Appellations, be also
extended to References.

IV. In Appellations and References of particular concernment, if all
parties having interest, have been present in the inferiour Judicatorie
when the Appeal and Reference was made, then there is no necessitie
of citation. But in case of their absence, citation of parties is so
necessar, that if it be wanting, Appellations and References should not
be received.

V. That conform to former Acts of Assemblies, Appellations _post
sententiam_ be made within ten dayes after the sentence, and otherwise
not to be respected.


The Assembly ordaines thir Overtures to be given to the severall
Committees for their direction.




Sess. III. August 4, 1643.

_Act for election of Professours to be Commissioners to Assemblies by
Presbyteries._

The Assembly thinks, if Professours of Divinitie in Universities be
Ministers, that they may be chosen Commissioners to the Generall
Assembly, either by the Presbyterie as Ministers, or by the Universitie
as Professours of Divinitie.




Sess. IV. August 5, 1643.

_The Petition of the distressed Professours in Ireland for Ministers._

To the reverend and honourable Moderatour and remanent Members of the
Generall Assembly of Scotland, conveened at Edinburgh, Aug. 1643, The
humble Petition of the distressed Christians in the North of Ireland,

_Humbly sheweth,_

That whereas you were pleased the last year to take notice of our
Petition, and conceived so favourable an act in our behalf, from our
hearts we blesse the Lord God of our fathers, who put such a thing
as this in your heart, to begin in any sort to beautifie the house
of the Lord amongst us: doubtlesse you have brought upon your selves
the blessing of them who consider the poor; the Lord will certainly
deliver you in the time of trouble. We trust no distance of place,
no length of time, no pressure of affliction, yea, nor smiling of
prosperity, shall delete out of our thankfull memories the humble
acknowledgement of your so motherly care, in drawing out your breasts,
yea, your souls to satisfie the hungrie; although we have been beaten
with the sword, bitten with famine, our own wickednes correcting us,
our back-slidings reproving us, yet we have not so farre forgotten
the Lords ancient love, but that our hearts were brought to a little
reviving in the midst of our bondage, by the Ministery of these, who
at your direction made a short visit amongst us. We know you did not
conceive it expedient at that time, to loose any for full settling
here, till the waters of the bloudy inundation were somewhat abated,
and probability might be of some comfortable abode, which we through
the Lords revenging hand, pursuing our enemies, and the vigilancie of
your victorious Army, is in a great measure attained unto. Whatsoever
might have detained some of these whom ye directed to us, whose stay
made our expectation prove abortive, we shall ascribe it to our own
abuse of such treasure, and want of spirituall hunger, occasioned
justly through the want of food; And yet that same dis-appointment,
together with your faithfull promise of inlarging your indebted
bountie, which is put upon record in all our hearts; hath made us
conceive the seed of a lively expectation, that you will now no more
put your bountie, and the means of our life, into the hazard of such
frustrations, but will once for all, bestow an ample and enduring
blessing. And of this we are so much the more confident, because our
former suit was not denyed, but delayed: only we fear, if a new delay
be procured, till all things be fully settled, that the observing of
winde and clouds, shall hinder both sowing and reaping. And in the mean
time, the Prelates and their Faction may step in and invest themselves
of their old tyrannie over our consciences, who if they once shall see
us possessed of our own Inheritance, those Canaanites dare not offer
to thrust us out. By all appearance, if the Jesuites had any hope to
finde welcome amongst us, they had provided us fully ere now with their
poysoned plants. Our hearts abhorre the checking or suspecting of your
proceedings, yet it is lawfull to learn sometime from our enemie: But
in this you have begun before, not only to do, but also to be forward
a year ago, and thereby have ingaged your selves to perfect your own
beginnings, and bring us out of our orphan condition. We are fallen in
your lap, this ruine must be under your hand; you cannot pretend want
of bread or cloathing, you must be healers: We have chosen you Curators
to your little young sister that wants breasts; there is none in earth
to take her out of your hand, for we will not, nor cannot hide it from
your Honours and Wisedomes, that we want bread, and must not only, as
before, have a bit for our present need, but also seed to sow the Land.

It is therefore our humble and earnest desire, that you would yet
again look on our former Petition, and your own obligatorie Act, and
at least declare your consent, that a competent number of our own
Ministers may be loosed to settle here, and break bread to the children
that lye fainting at the head of all streets; which, although it may
be accounted but a restoring of what we lost, and you have found, yet
we shall esteem it as the most precious gift that earth can affoord.
When they are so loosed, if they finde not all things concurring to
clear Gods calling, it will be in their hand to forbear, and you have
testified your bountie. But oh, for the Lords sake, do not kill our
dying souls, by denying these our necessar desires. There are about
twelve or fourteen waste congregations on this nearest coast, let us
have at least a competent number that may erect Christs throne of
discipline, and may help to bring in others, and then shall we sing,
that the people who were left of the sword, have found grace in the
wildernesse. We have sent these our brethren, Sir Robert Adair of
Kinhilt, Knight, and William Mackenna of Belfast, merchant, to attend
an answer from you, who have attained that happinesse to be lenders and
not borrowers, and to present the heartie longing affections of

Your most obliged and more expecting brethren and servants.

_Subscribed by very many hands._




Sess. VI. August 8, 1643.

_Acts for subscribing the Covenant._

The Generall Assembly considering the good and pious advice of the
Commissioners of the last Assembly, upon the 22 of September 1642,
_post meridiem_, recommending to Presbyteries to have Copies of the
Covenant to be subscribed by every Minister at his admission, doth
therefore ratifie and approve the samine. And further ordaines, that
the Covenant be reprinted, with this Ordinance prefixed thereto, and
that every Synod, Presbyterie, and Paroch, have one of them bound in
quarto, with some blank paper, whereupon every person may be obliged
to subscribe: And that the Covenants of the Synod and Presbyterie
be keeped by their Moderatours respective; of Universities by their
Principalls, of Paroches by their Ministers, with all carefulnesse. And
that particular account of obedience to this Act, be required hereafter
in all visitations of Paroches, Universities, and Presbyteries, and in
all trialls of Presbyteries and Synod books.

The Generall Assembly considering that the Act of the Assembly at
Edinburgh 1639, August 30, injoyning all persons to subscribe the
Covenant, under all Ecclesiasticall censure, hath not been obeyed:
Therefore ordaines all Ministers to make intimation of the said Act
in their Kirks, and thereafter to proceed with the censures of the
Kirk against such as shall refuse to subscribe the Covenant. And that
exact account be taken of every Ministers diligence hereintill by their
Presbyteries and Synods, as they will answer to the Generall Assembly.




Sess. VII. August 9, 1643.

_Act for searching Books tending to Separation._

The Generall Assembly considering the recommendation of the
Commissioners of the late Assembly at S. Andrews upon the 12 of May
last, to every Minister within their severall bounds, especially to
Ministers upon the coasts, or where there is Harbourie and Ports, to
try and search for all books tending to Separation: And finding the
same most necessar, do therefore ordain that recommendation to have
the strength of an ordinary Act of Assembly: And that every Minister
be carefull to try and search if any such books be brought to this
Countrey from beyond seas, and if any shall be found, to present the
samine to Presbyteries, that some course may be taken to hinder the
dispersing thereof: And earnestly recommend to the Civill Magistrates,
to concurre with their authoritie in all things, for effectuall
execution hereof.

       *       *       *       *       *

_Approbation of the proceedings of the Commissioners of the last
Assembly._

The Generall Assembly having heard the report of the Committee
appointed to consider the proceedings of the Commissioners of the
late Assembly at S. Andrews; after mature deliberation, and serious
consideration thereof, findes the whole Acts, Conclusions and
Proceedings of the saids Commissioners, contained in a Book and
Register, subscribed by Master Andrew Ker their Clerk, and by Master
David Lindsay, Moderatour, and Master James Hamilton, Clerk to the said
Committee, to declare much wisedome, diligence, vigilancie, and every
way commendable zeal and fidelitie in doing and discharging every thing
according to their Commission.




Sess. VIII. August 10, 1643.

_Propositions given by the Commissioners of the Parliament of England
to a Committee, to be presented by them to the Assembly._

We the Commissioners appointed by both Houses of the Parliament
of England, desire your Lordships, and the rest of this reverend
Committee, to represent to the reverend the General Assembly of the
Church of Scotland, that we are commanded,

To acknowledge, with all thankfulnesse to God, their zeal for purging
and reforming Religion, and care not only to prevent the grouth,
but utterly to extirpate the Reliques of Popery: And also the great
blessing of Almighty God upon their so constant and faithfull
endeavours, thus far establishing them in truth and peace, together
with their labour of love, to procure the like happinesse to our Church
and Nation.

To give them an account of their earnest desire and endeavour to see
the same Work promoted and perfected among our selves; which though it
hath been opposed and retarded by the industrious malice of the Popish,
Prelaticall, and malignant partie, yet through Gods goodnesse it hath
so far prevailed, as to produce the removeall of the High Commission,
the making void the coercive power of the Prelates and their Courts,
The ejection of the Bishops from the House of Peers, The turning
out of many scandalous Ministers; Besides that they have passed and
presented to his Majestie diverse Bills, viz., For the suppressing of
Innovations, For the more strict observation of the Lords Day, Against
Pluralities and non-residencie, For the punishment of the scandalous
Clergie, For the abolition of Episcopacie, and the calling an Assembly:
The true Copies of which, we herewithall deliver. Which Bills, through
the under-mining of the Papists, Prelates, and their party (the
constant enemies of Reformation) have not yet obtained his Majesties
Royall assent. And yet considering the urgent necessity of purging
and settling the Church (as hath been often pressed and presented to
the Parliament of England, by pious and frequent exhortations and
Declarations from that reverent Assembly) they have been constrained
by an Ordinance of both Houses, to call an Assembly of Divines,
and others, now sitting, to consider and prepare what may conduce
thereunto, which by the assistance of some godly and learned Divines
sent from this Nation (as is earnestly desired) we hope may through the
blessing of God, bring it to perfection.

And yet notwithstanding to let them know that by reason of the
prevailing of the Papists, Prelaticall Faction, and other malignant
enemies to this so much desired Reformation, (all of them being now
in arms against the Parliament) these hopefull beginnings are likely,
not onely to be rendred ineffectuall, but all the former evils,
superstitions, and corruptions (which for the present, through the
blessing of God, are in a good measure removed) to be re-introduced by
strong hand, which if once they should take root again in the Church
and Kingdome of England, will quickly spread their venome and infection
into the neighbour Church and Kingdome of Scotland; the quarrell of the
enemies of this Work being not so much against the persons of men, as
the power of Godlinesse, and purity of Gods worship, wheresoever it is
professed. Both Houses do therefore desire that reverent Assembly to
lay seriously to heart the state and condition of their sister Church
and Kingdome, and not only by their prayers to assist in these straits,
but also by such seasonable and effectuall means as to them shall seem
meet, to further and expedite the present aid and assistance demanded
by both Houses.

And lastly to make known unto them, that we designed and sent by
both Houses of Parliament, to the Generall Assembly of the Church of
Scotland, to propound to them, and consult with them concerning such
things as may conduce to our own Reformation, and our so much desired
conjunction, with this Church, which they have more fully expressed in
a Declaration of their own, which herewithall we present.

  WILLIAM BOND,
  Secr. Commiss.
  August 10, 1643.

_A Declaration of the Lords and Commons in the Parliament of England,
to the Generall Assembly of the Church of Scotland._

The Lords and Commons in Parliament acknowledging with humble
thankfulnesse to Almighty God, the disposer of hearts, the Christian
zeal and love which the Generall Assembly of the Churches of Scotland,
have manifested in their pious endeavours for the preservation of
the true reformed Protestant Religion, from the subtle practices
and attempts of the Popish and Prelaticall party, to the necessary
Reformation of Church discipline and Government in this Kingdome,
and the more near union of both Churches, do earnestly desire that
reverend Assembly to take notice, that the two Houses of Parliament,
fully concurring with them in these pious Intentions, for the better
accomplishment thereof, have called an Assembly of diverse godly
and learned Divines, and others of this Kingdome, unto the City of
Westminster, who are now sitting and consulting about these matters.
And likewise have nominated and appointed John Earle of Ruthland, Sir
William Armine Baronet, Sir Henry Vane the younger, Knight, Thomas
Hatcher and Henry Darley, Esquires, Committies and Commissioners of
both Houses, to the Kingdome and States of Scotland, who beside their
Instructions in matters concerning the Peace and Commonweal of both
Kingdomes, have received Directions to resort to the Generall Assembly
of the Church of Scotland, and propound and consult with them, or any
Commissioners deputed by them, in all occasions which may further
the so much desired Reformation in Ecclesiasticall matters in this
Church and Kingdome, and a nearer conjunction betwixt both Churches. In
performance whereof, Master Stephen Marshall, and Master Philip Nye,
Ministers of Gods Word, and men of approved faithfulnesse and abilities
in their Functions, both Members of this Assembly of Divines here
congregated, and sitting, are appointed to assist and advise the same
Committee in such things as shall concerne this Church. And the two
Houses do hereby recommend the Committees and Divines afore-mentioned,
to the reverend Assembly of the Church of Scotland, to be by them
received with favour, and credited in those things, which they, or any
three, or more of them shall propound to them.

It is likewise desired, that that reverend Assembly will according to
their former promise and resolution, send to the Assembly here, such
number of godly and learned Divines, as in their wisedome they think
most expedient for the furtherance of this work, which so much concerns
the honour of God, the prosperity and peace of the two Churches of
England and Scotland; and which must needs have a great influence
in procuring a more safe and prosperous condition to other reformed
Churches abroad. And that their endeavours may be more effectuall, the
two Houses do make this request to them, with their authority, advice,
and exhortation, so far as bolongs to them, to stir up that Nation to
send some competent Forces in aid of this Parliament and Kingdome,
against the many Armies of the Popish and Prelaticall party, and their
adherents, now in arms for the ruine and destruction of the reformed
Religion, and all the Professours thereof. In all which they shall do
that which will be pleasing to God, whose cause it is, and likewise
safe and advantageous to their own Church and Kingdome, who cannot
securely enjoy the great blessings of Religion, peace, and Libertie in
that Kingdome, if this Church and Kingdome, by the prevailing violence
of that partie, shall bee brought to ruine and destruction.

  Jo. Browne,
  Cleric. Parliamentorum.

  Henr. Elsynge,
  Cler. Parl. D. Com.

_A Letter from some Brethren of the Ministerie in the Kirk of England
to the Assembly._

REVEREND AND BELOVED,

The experience which we have had of your forwardnesse in receiving, and
faithfulnesse in weighing our former addresses, hath given us abundant
encouragement to take hold upon this present opportunitie of breathing
out something of our sorrowes, which your love and our necessity,
command us to represent to your consideration and compassion. Much we
know we may commit to the wisedome and fidelity of our Brethren these
messengers, to impart unto you concerning our miserable condition,
and unto them shall leave the most. Your own Nationall, but specially
Christian interest, will not permit you to hide your eyes from the
bleeding condition of your poor distressed Brethren in England, should
neither Letters nor Messengers be sent unto you; But Messengers coming,
we should at once neglect our selves, should we not thus a little ease
our burdened hearts, by pouring them out into your bosomes, and seem
ungratefull to you, of whose readinesse to suffer with us, and do for
us, we have had so great and ample testimonies.

Surely if ever a poor Nation were upon the edge of a most desperate
precipice, if ever a poor Church were ready to be swallowed up by
Satan and his Instruments, we are that Nation, we are that Church.
And in both respects by so much the more miserable, by how much,
we expected not a Preservation onely, but an augmentation also, of
happinesse in the one, and glory in the other. We looked for Peace, but
no good came, and for a time of healing, and behold trouble! Our GOD
who in his former Judgements was a moth and rottenesse (and yet had
of late begun to send us health and cure) is now turned into a Lion
to us: and threatens to rend the very cawle of our hearts: from above
he hath sent a fire into our bones, and it prevails against us; from
our own bowels he hath called forth, and strengthened an adversarie
against us, a generation of brutish hellish men, the rod of his anger,
and the staff of his indignation, under whose cruelties we bleed, and
if present mercy step not in, we die. _Righteous art thou, O LORD, and
just are all thy Judgements!_ But O the more then barbarous carriages
of our enemies, where ever GOD gives any of his hidden ones up into
their hands, we need not expresse it unto you, who knows the inveterate
and deadly malice of the Antichristian faction against the members of
our Lord Jesus. And it is well we need not expresse it unto you, for
in truth we cannot. Your own thoughts may tell you better then any
words of ours, what the mercie of Papists is, toward the Ministers
and servants of our Lord Jesus Christ. But the Lord knows we are not
troubled so much with their rage against us, or our own miseries and
dangers; but that which breaks our hearts is, the danger we behold the
Protestant Religion, and all the reformed Churches in at this time,
through that too great and formidable strength the Popish faction
is now arrived at. If our GOD will lay our bodies as the ground,
and as the street under their foot, and poure out our blood as dust
before their fury, the will of the Lord be done, might our bloud be a
sacrifice to ransome the rest of the saints or Church of Christ from
Antichristian fury, we would offer it up upon this service gladly. But
we know their rage is insatiable, and will not be quenched with our
blouds, immortall, and will not die with us, armed against us, not as
men, but as Christians, but as Protestants, but as men desiring to
reform our selves and to draw our selves and others yet nearer unto
God. And if God gave us up to be devoured by this rage, it will take
the more strength and courage (at least) to attempt the like against
all the Protestant and reformed Churches. In a deeper sense of this
extream danger, threatning us and you, and all the Churches then we
can expresse, we have made this addresse unto you; in the bowels of
our Lord Jesus Christ, humbly imploring your most fervent Prayers to
the GOD that hears Prayers; who (should we judge by providences) seems
to be angry with our Prayers (though we trust he doth but seem so, and
though he kill us, yet will we trust in him) Oh, give us the brotherly
aide of your re-inforced tears and prayers, that the blessings of truth
and peace which our prayers alone have not obtained, yours conjoyned,
may. And give us reverend and much honoured in our Lord your advices,
what remains for us further to doe, for the making of our own and the
Kingdomes peace with GOD. We have lien in the dust before him; we
have poured our hearts in humiliation to him, we have in sincerity,
endeavoured to reform our selves, and no lesse sincerely desired,
studied, laboured the publick Reformation; Neverthelesse the Lord
hath not yet turned himself from the fiercenesse of his anger. And be
pleased to advise us further, what may be the happiest course for the
uniting of the Protestant partie more firmly? that we may all serve GOD
with one consent, and stand up against Anti-christ as one man, that our
GOD who now hides himself from his people may return unto us, delight
in us, scatter and subdue his and our enemies, and cause his face to
shine upon us. The Lord prosper you and preserve us so, that the great
work of these latter ages may be finished to his honour, and our own
and the Churches happinesse through Christ Jesus.

_Subscribed by very many hands._




Sess. IX. August 11, 1643.

_Act against Burialls and hinging of Honours, &c. in Kirks._

The Generall Assembly considering the great abuse of burying within
Kirks, wherein GODS publick worship is exercised, notwithstanding
diverse Acts of this Kirk, prohibiting the same; And that through
toleration thereof, other abuses in hinging of Pensils and Brods,
affixing of Honours and Arms, and such like scandalous Monuments in the
Kirk, hath crept in. Therefore for remedy hereof, do hereby ratifie
and approve the former Acts and Constitutions made against burials in
Kirks. And inhibites and discharges all persons of whatsoever qualitie,
to bury any deceased person within the body of the Kirk, where the
people meet for hearing of the Word, and administration of the
Sacraments; And als inhibites them to hing Pensils or Brods, to affixe
Honours or Arms, or to make any such like Monuments, to the honour or
remembrance of any deceased person upon walls, or other places within
the Kirk, where the publike worship of God is exercised, as said is.




Sess. X. August 12, 1643.

_Act anent reposition of Ministers, deposed by Superiour Judicatories._

The Generall Assembly, considering that sentences of Superiour
Judicatories of the Kirk should stand effectuall, while they be
taken away by themselves, and that they should not be made void and
ineffectuall by Inferiour Judicatories: Therefore discharges all
Provinciall Assemblies to repone any Minister deposed by the Generall
Assembly; and all Presbyteries to repone any Ministers deposed either
by Generall or Provincial Assemblies; And declares and ordains, that
all such sentences of reposition by these Inferiour Judicatories
respective shall be null in themselves; and that the sentences of
deposition by the Superiour Judicatories respective shall stand valid
and effectuall notwithstanding thereof.




Sess. XI. August 14, 1643.


_Act against Masters who have Servants that prophane the Lords day._

The Generall Assembly declares, that the Acts made against Salmond
fishing upon the Sabbath, or against any other labour upon the Lords
day, to be not only against servants who actually work: But also that
the samine should be extended against masters, whose hired servants
they are.


Sess. XII. August 15, 1643.

_Act for preparing the Directorie for the worship of God._

The Assembly considering how convenient it is that all the Ministers
of the particular Kirks within this Kingdome, in their administration,
keep unity and uniformity in the substance and right ordering of all
the parts of the publick worship of God, and that all the particular
Kirks by the same unity and uniformity, testifie their unanimous
consent against all schisme and division, unto which these times,
through the working of Satan and his instruments, against the
propagation of the Gospel of peace are so inclineable: Doth ordain,
that a Directorie for divine worship, with all convenient diligence
be framed and made ready in all the parts thereof, against the next
Generall Assembly, to be held in the year 1644. And for this end that
such as shall be nominate by this Assembly, shall immediately after the
rising of the Assembly, set themselves apart (so far as may be) from
their particular callings, and with all diligence and speed, go about
this so publick, so pious, and so profitable a work. And when they have
brought their endeavours and labours about this Directorie to an end,
that it be put into the hands of the Commissioners of the Generall
Assembly, to be revised, and thereafter by them sent in severall Copies
to all the particular Synods to be held in April and May, that the
samine being reported with their consent, or with their observations,
notes, and animadversions to the Generall Assembly, it may in end,
after their full triall and approbation, by order and authority from
them be received, and practised by all the Ministers and particular
Kirks. And for preserving of peace and brotherly unity, in the mean
while, till the Directorie by universall consent of the whole Kirk be
framed, finished, and concluded, The Assembly forbiddeth, under the
pain of the censures of the Kirk, all disputation by word or writing,
in private or publick, about different practices in such things, as
have not been formerly determined by this Kirk, And all condemning one
of another in such lawfull things as have been universally received,
and by perpetuall custome practised by the most faithfull Ministers of
the Gospell, and opposers of corruptions of this Kirk, since the first
beginning of Reformation to these times. And doth exhort and command
that all endeavour to keep the unity of the spirit, in the bond of
peace, that all beginnings of Separation, all scandall and division,
be by all means avoided; And that against envying, and strife, and
faction, and glorying in men, every one go before another in the
duties of love, and so fulfill the Law of Christ: That continuing in
one spirit and one minde, and fighting together through the faith of
the Gospell, we may mutually aide, strengthen and comfort one another
in all Pastorall and Christian employments, better resist the common
adversaries, edifie one another in the knowledge and fear of God, and
the more acceptably, and with the greater blessing serve the Lord who
hath done so great things for us.


_Propositions from the English Commissioners presented this day to the
Assembly._

We the Commissioners appointed by both Houses of the Parliament of
England, being commanded by them (as we have already declared) to
desire the reverend Assembly of Scotland, seriously to lay to heart
the present Estate of their Sister Church and Kingdome of England,
and not onely to assist with their Prayers in their straits, but also
by such reasonable and effectuall means as to themselves shall seem
meet to further and expedite the assistance now desired by both Houses
from the Kingdome of Scotland, and a more strict union with them, Have
thought fit in Pursuance of the commands received from both Houses
of Parliament, to communicate to this Assembly the paper which to
this purpose we have lately delivered to the Honourable Convention of
Estates, in this Kingdome, that so this reverend Assembly might be
the better enabled, to contribute their best assistance toward the
furthering and expediting of the same. Wherein we assure our selves
of their ready and willing affections, considering the great service
they may do to God, and the great honour may redound to themselves in
becoming the Instruments of a glorious Reformation, not onely through
this Iland, but from thence possibly to be spread to other Churches now
oppressed under the Antichristian bondage, and tyrannie of the Popish
and prelaticall Faction. We will not say there lies any obligation upon
this Church and Kingdome, to comply with the desires of the two Houses
of Parliament; though we might call to minde that God by the hand of
the Church and Kingdome of England, did once reach forth assistance
and aid unto this Nation, and hath since used them as a help to that
blessed Reformation it now enjoys. And who knoweth whether the wise
providence of God hath not suffered this Church and Kingdome to be
tempted thereby, to make them the more sensible of the present miseries
of their brethren, and likewise given them a good issue, with the
tentation, that they might be made a means of our deliverance? We shall
not need to offer any grounds of prudence to invite them hereunto,
who have already prevented us in the acknowledgement of what might be
said of that kinde in the advice presented by the Commissioners of
the Generall Assembly, July 6, 1643, unto the Convention of Estates,
expressing as one remedie of the present dangers of this Church and
Kingdome, their earnest desire of renewing the league and association
with England, for the defence of Religion against the common enemie,
and of further extending the same against Prelacie and Popish
Ceremonies, for Uniformity in externall worship and Church-government.
And we hope that the same God who hath put these desires into the
hearts of both Kingdomes, will make use of this present opportunity to
knit them both to himself and each other in a most strict and durable
Union, and thereby the more firmly to establish truth and peace in
both Nations. Howsoever this which we have done in discharge of our
duty, will affoord the comfort of a good conscience in our greatest
distresses, and give us ground to expect deliverance some way or other
from the manifold wisedome and power of God, who though men and means
fail, will not cast off his people, nor forsake his inheritance. We
have onely this to adde further, that we are commanded by both Houses
to let this reverend Assembly know that it is their earnest desire,
that what other Propositions may be thought fit to be added and
concluded by this Assembly, whereby the assistance and Union betwixt
the two Nations, may be made more beneficiall and effectuall for the
securing of Religion and Libertie, should be offered to us, and taken
to our speedy consideration.

  WILLIAM BOND, Secr. Com.

  August 15, 1634.

_The Paper before-mentioned, delivered August 12 to the Convention, and
this day to the Assembly._

We the Commissioners appointed by both Houses of the Parliament of
England, are by our instructions commanded to put their brethren of
Scotland in minde that the Popish and Prelaticall Faction that began
with them, about the year 1638 and 1639, and then intended to make way
to the ruine of the Kingdome of England by theirs, have not abated any
part of their malice toward the Nation and Church of Scotland, nor are
at all departed from their designe of corrupting and altering Religion
through the whole Iland, though they have inverted the manner of their
proceeding, conceiving now that they have an easier way to destroy
them, if they may first prevail over the Parliament and Kingdome of
England. In which respect it is the desire of both Houses, that the two
Nations may be strictly united, for their mutuall defence against the
Papists and prelaticall Faction, and their adherents in both Kingdomes,
and not to lay down arms till those their implacable enemies shall be
dis-armed, and subjected to the authority and justice of Parliament in
both Kingdomes respectively. And as an effectuall mean hereunto, they
desire their brethren of Scotland, to raise a considerable force of
Horse and Foot, for their aide and assistance, to be forthwith sent
against the Papists, prelaticall Faction, and malignants now in arms in
the Kingdome of England.

And for the better encouragement of the Kingdome of Scotland to
this necessary and so much desired Union, we are by both Houses of
Parliament authorized to assure their brethren, that if they shall be
annoyed or endangered by any Force or Army, either from England or any
other place, the Lords and Commons of England will assist them with
a proportionable strength of Horse and Foot, to what their brethren
shall now affoord them to be sent into Scotland for the defence of that
Kingdome. And they will maintain a guard of Ships at their own charge
upon the coast of Scotland, for the securing of that Kingdome, from
the invasion of Irish Rebells or other enemies, during such time as
the Scottish Army shall be employed in the defence of the Kingdome of
England. And to the end that nothing might be wanting in the Parliament
and Kingdome of England to facilitate this work (wherein the true
reformed religion, not onely in these two Kingdomes, but throughout all
Europe is so highly concerned; We are farther authorized to consider
with their brethren the Estates and Kingdome of Scotland, of what other
Articles or propositions are fit to be added and concluded, whereby
this assistance and Union betwixt the two Nations may be made more
beneficiall and effectuall for the security of Religion and Libertie in
both Kingdomes.

All which being taken into the serious and Christian consideration
of the right honourable the Lords and others of the Convention of
the Estates of Scotland, we hope there will not need many arguments
to perswade and excite them to give their consent, and that with all
convenient speed, to these desires of both houses of the Parliament of
England; seeing now they have so fully declared, as by what they have
done already, so by what they are yet desirous to do, that the true
state of this cause and quarrel is Religion, in the Reformation whereof
they are, and have been so forward and zealous, as that there is not
any thing expressed unto them by their brethren of Scotland, in their
former or latter Declarations, which they have not seriously taken to
heart, and seriously endeavoured to effect, (notwithstanding the subtle
malicious and industrious oppositions) that so the two Kingdomes might
be brought into a near conjunction in one form of Church-government,
one directorie of worship, one Catechisme, &c., and the foundation laid
of the utter extirpation of Popery and prelacie out of both Kingdomes.
The most ready and effectuall means whereunto, Is now conceived to be,
that both Nations enter into a strict Union and league, according to
the desires of the two Houses of Parliament.

And to induce the perswasion of this (if there were cause) we might
observe, that, in the many Declarations made by the Generall Assembly
or States of Scotland, to their Brethren of England, there have
been sundry expressions, manifesting the great necessitie that both
Kingdomes for the securitie of their Religion and Liberties should joyn
in this strict Union against the Papists, Prelats, and their adherents:
As also in the endeavour of a near conjunction between the Churches
of both Nations. The apprehension and foresight of which hath caused
the Popish and Prelaticall Faction in foreigne parts as well as in his
Majesties Dominions, strictly and powerfully to combine themselves to
the hinderance of this so necessary Work, and the universal suppression
of the true protestant Religion in Europe: A course not much different
from that which they took in the year 1585, when the wisedome and
zeal of this Nation to counter-myne so wicked a conspiracie, and
from the due sense of the mutuall interest of these two Kingdomes in
Religion and Libertie, found a necessity of entring into a league of
this nature, as well considering, that thereby no lesse safetie might
be expected to both Nations, then danger by forbearing the same. And
though we doubt not but in so necessary and so good a Work, many
difficulties may arise to interrupt and retard the same; yet we are as
confident, that the heartie and brotherly affection of this Nation to
the Parliament and Kingdome of England, will easily break through them;
and the rather because in the like cases of difficultie and danger,
not only at the time of the league above-mentioned, but before, and
likewise since, when any opportunity hath offered it self particularly,
during the sitting of this present Parliament, the Kingdome of England
hath been very forward and ready to lay to heart the dangers of the
Kingdome of Scotland as their own, and to decline no means within the
reach of their power for the redresse or prevention of the same.

  WILLIAM BOND, Secr. Com.

  August 12, 1643.


Sess. XIII. August 16, 1643.

_Recommendation to Presbyteries and Vniversities anent Students that
have the Irish language._

The Assembly considering the lamentable condition of the people in
the Highlands, where there are many that gets not the benefite of
the Word, in respect there are very few Preachers that can speak the
Irish language. Do for remeid thereof think good, that young Students
who have the Irish tongue, be trained up at Colledges in Letters,
especially in the studies of Divinitie, And to this effect recommend
to Presbyteries and Universities to preferre any hopefull Students
that have the language aforesaid, to Bursaries, that they by their
studies in processe of time attaining to knowledge, and being enabled
for the Ministerie, may be sent forth for preaching the Gospel in these
Highland parts, as occasions shall require.


Sess. XIV. August 17, 1643.

  _The Letter from the Assembly of Divines in the Kingdome of England,
  To the right reverend the Generall Assembly of the Church of
  Scotland._

  Right reverend and dearly beloved in
  our Lord Jesus Christ,

We the Assembly of Divines and others, called and now sitting by
authority of both Houses of Parliament, to be consulted by them
in matters of Religion, have received from the honourable House
of Commons, a speciall order (dated the 3 of this instant August)
recommending it to us to write a Letter to the Generall Assembly of the
Church of Scotland, taking notice of the pious and good expeditions
to this Church and State, certified in the late Answer of the
Commissioners of the Generall Assembly of the Kirk of Scotland, from
their meeting at Edinburgh the 17 of July, 1643. And further to desire
them to possesse the people of that Kingdome with our condition, and to
encourage them to our assistance in this cause of Religion. And having
with that order received and read the said Answer directed to the
honourable Houses of the Parliament of England, we cannot sufficiently
expresse the great content and comfort, unto which it hath raised us in
the midst of the sad and calamitous condition under which we lie.

It is no small refreshing to our mourning spirits to finde, that yet
our God hath not left us wholly comfortlesse, nor cast us so far out
of his sight, as having made us sick with smiting, that should be
verified of us, _Lover and friend has thou put far from us_, and that
no man should turn aside to ask how we do: but that we finde so many
of the Churches of Christ, and above them all, our dearest Brethren of
Scotland, so far to take to heart our extremities, as to sit in the
dust with us, and so to look upon our adversities, as being themselves
also in the body.

And as we cannot render thanks sufficient unto our God for remembring
such mercie in the midst of so much wrath; so we embrace with all
cheerfulnesse this opportunitie of thankfull acknowledgement of the
great debt which your love doth continually lay upon, not us alone,
but upon this whole Kingdome, in the free and full expressions of your
care, piety and zeal, and of like affections of that whole Nation,
to assist and concurre with the Parliament here, by all good and
lawfull means, for settling of Religion in godly unity and uniformitie
throughout all his Majesties Dominions against all the designes, power
and malice of bloudie Papists, and the Prelaticall Faction, with all
their malignant adherents, the common enemies of Reformation, truth and
peace.

We are likewise much ingadged to the great vigilancie and travels of
the honourable Convention of the Estates of Scotland, in contributing
their brotherly advice, and for their readinesse to give assistance
for recovering and settling the peace of this Kingdome, against the
devices, power and practices of the enemies of Religion, and the
publick Good, whereof some hints are given in that Answer, and of
which we doubt not but the honourable Houses of Parliament will be so
sensible as to give such a return as becomes them; for they, better
knowing then we do, the depth of the evils under which this Nation now
groaneth, and the further dangers imminent, will be more able to value
and improve the great affection and wisedome of their Brethren, in
points of so high and generall concernement, for the safetie and glory
of the Kings Majestie, and of all his Kingdomes, and are more fit to
take notice of advices of that kinde, in reference to the civil State,
which therefore we wholly leave with them.

But as for the many prudent, pious, and seasonable admonitions which
concerne our Assembly, the good Lord reward (for we cannot) seven fold
into your bosomes all the good, which you have laboured to procure
unto the House of our GOD, and blessed be his name who hath put such a
thing as this into the hearts of our Parliament, to cleanse the House
of the Lord of all the uncleannesse, that is in it, by impure Doctrine,
Worship, or Discipline.

Nor can we in the depth of all our sufferings and sorrows, withhold
our hearts from rejoycing in the wonderful goodnes of God toward
this Kingdome, in that he hath let us see the gracious fruit of your
effectuall prayers and teares, as well as of our own endeavours this
way: In bringing together this Assembly, although in a very troublous
time, whereby we may have better opportunity more fully to poure out
our soules jointly and together to our God, for healing of this now
miserable Church and Nation: To consider throughly, for what more
especially the Land mourneth, and how we may be most usefull to our
great GOD and Master Jesus Christ; in contributing somewhat to the
vindicating of his precious truth, many wayes corrupted through the
craft of men that have lyen in wait to deceive: In the seeking out
of a right way of worshipping our GOD according to his own heart: In
promoting the power of Godlinesse, in the hearts and lives of all his
people, and in laying forth such a Discipline as may be most agreeable
to Gods holy Word, and most apt to procure and preserve the peace of
this Church at home, and nearer agreement with the Church of Scotland
(highly honoured by us) and other the best reformed Churches abroad,
That so to the utmost of our power, we may exalt him that is the only
Lord over the Church, his own House, in all his Offices, and present
this Church us a chast virgin unto Christ.

It is a timely and savourie prayer which you have put up at the
throne of Grace, touching the due managing of the proceedings in this
Assembly, and that with straight intentions we may all seek the truth
in everything, which by the blessing of God upon our labours, must
needs produce all those blessings which your worthie Commissioners
mention. And now, for your comfort as well as our own encouragement,
we desire you to take notice of the gracious answer of the God that
heareth prayer, unto your fervent cryes. For beside our own particular
addresses and secret vows to our God to be faithfull (with disdain
of all baits of avarice and ambition) it hath pleased the Divine
Providence so to direct both the honourable Houses of Parliament, to
take care of preventing all obliquitie in our proceedings, and to stop
the mouthes of all that watch for their and our haltings, and are apt
maliciously to traduce both, (as if we were so restrained by them, in
our votes and resolutions, as to be bound up to the sense of others,
and to carry on private designes in a servile way) that the Houses
have tendered to us, and we have all most readily taken a solemne and
serious Protestation in the presence of Almighty God, to maintain
nothing in this Assembly touching Doctrine, but what we are perswaded
in our consciences to be the truth; nor in matters of Discipline, but
what we conceive to conduce most to the glory of God, and the good and
peace of his Church; which doth not only secure the Members against
fettering of their judgements or votes, but engage them to the use of
all freedome, becoming the integrity of Conscience, the weight of the
Cause, the gravitie and honour of such an Assembly. It is likewise a
great consolation, that our GOD hath put it into your hearts to designe
some godly and learned brethren to put in their sickles with us into
this Harvest, which is so great, and requires so many Labourers; for
which, as we heartily return thanks, so we earnestly pray the Lord to
open a way to their timely coming hither, and do assure them of all
testimonies of respect, love, and the right hand of fellowship, who
shall under-take a journey so tedious, and now so perillous, to joyne
with us in the Work, when it shall please the honourable Houses of
Parliament to invite them thereunto.

It remaines that we should now spread before you our calamities,
dangers and fears of further evils, not only drawing towards us, but
even threatening you also; and crave your compassionate aids in all
wayes becoming the servants of Jesus Christ. But your Commissioners
have so fully declared your certain knowledge and deep sense of them,
that they have left us no room for inlarging our selves in this
particular, to Brethren so full of bowels and zeal. And they have
sufficiently intimated unto the honourable Houses, that you are well
aware how often the common enemies of both Kingdomes have consulted
together with one consent to cut off both the one and the other from
being a Nation, and that the tabernacles of Edom, and the Ishmaelites
of Moab, and the Hagarens, Geball, Ammon, and Amalek, the cursed
Papists, and their implacable and bloudy Abettors here, do still retain
the same malice, and carry on the same designe against Religion, and
perfect Reformation even in your Kingdome, happily rescued from their
former tyrannies, as well as in this of scorched England, not in the
furnace: Only they have varied the Scene, pouring out all their fury
upon us at the present: That so, having once trodden us under as mire
in the streets, they may afterward more easily, (which God avert)
set their proud and impure feet upon your necks also. Wherefore with
the good leave and favour of the honourable Houses of Parliament, we
shall now spare the further exciting of you to that which we doubt
not of your forwardnesse by all lawfull and meet means, to promote
with all your might; namely, the possessing the good people of that
Kingdome, (of whose willing minde and readinesse you have already given
ample testimony) touching our condition, and to encourage them to our
assistance in this Cause of Religion.

And now remembring without ceasing your work of faith, and labour of
love, and patience of hope in our Lord Jesus Christ; with all due
acknowledgements of the precious effects of your prayers; We most
humbly and earnestly desire, that the same breathings of the spirit
in you may still continue, and (if possible) more frequently and
fervently ascend to your God, and our God, not only for removall
of outward pressures, and the visitation of the sword, that hath
already learned to eat much of our flesh, but also for the speciall
assistance and protection of the Father of lights, in this great Work
unto which we are now called, and wherein we already finde many and
potent adversaries: that seeing the plummet is now in the hands of
Zerubbabels, all mountaines may become plains, and they may bring forth
the capstone of the Lords House with shoutings, crying, Grace, grace
unto it: and that how weak and contemptible builders soever we be, the
Lord would enable us to build with them, that none may have cause to
despise the day of our small beginnings, nor to stop our progresse in
the work which he hath given us to do. And as for us who cannot but
take notice of the extraordinary employments unto which you are called
in your great Assembly, now also sitting: God forbid that we should
sin against the Lord, in ceasing to pray for you, that the Lord may
enable you to be wise master-builders, preserve your peace alwayes by
all means, and make you stedfast, unmoveable, alwayes abounding in
the work of the Lord, to the praise of the glory of his grace, and to
the further benefit and comfort of the whole Church of God, but more
especially of this our afflicted Ark, now wafted into the midst of a
sea of miseries, and tossed with tempests, untill our wise and gracious
God, by the furtherance of your prayers and brotherly endeavours, shall
cause it to rest upon the mountains of Ararat, which may take away our
fears, as well as put an end to our present sufferings, and give you to
rejoyce with us, that now mourn for us.

  Westminster, Aug. 4, 1643.

  Subscribed by your most loving brethren, highly
  prysing the graces of God in you, and that
  are your servants for Jesus sake, in the name
  of the whole Assembly.

  WILLIAM TUISSE, _Prolocutor_ }
  JOHN WHITE, _Assessor_       }
  CORNELIUS BURGES, _Assessor_ } _of the Assembly._
  HENRY ROBOROUGH, }           }
  ADONIRAM BYFIELD,} _Scribes_ }


_The Result of the Debates and Consultations of the Committees of the
Convention of Estates and Generall Assembly, appointed to meet with the
Commissioners of the Parliament of England._

August 17, 1643.

The Committees of the Convention of Estates of Scotland, and of the
Generall Assembly, being appointed to meet with the Commissioners of
the two Houses of the Parliament of England, upon the Papers delivered
in by the said Commissioners, onto the Convention of Estates, and
unto the Generall Assembly, upon the 12 and 15 of this instant 1643.
Concerning the desires of both Houses, for a near and strict union to
be entered into by the two Kingdomes. And it being declared at the
said meeting, with what sensible affections the Generall Assembly
and Convention, did receive the desires above-mentioned: And how
beneficiall it would be for the more firme settlement of the said
union, that a Covenant should be entered into by both Nations: And
this forme thereof being by all the foresaid persons taken into most
serious debate and consideration, and agreed unto: It was thereupon
resolved by them, that it should be presented to the Generall Assembly,
to the Convention of Estates of Scotland, and to the two Houses
of the Parliament of England, by their respective Committees and
Commissioners, that it might with all speed receive their respective
resolutions.

  Subscribed,         JA. PRIMEROSE.
                      A. KER.
                      WILLIAM BOND, Sec. Com.

  The League and Covenant above-mentioned, being sent with the
  Commissioners of this Assembly, to the Parliament of England, and
  Assembly of Divines in that Kingdome, to be received and approven
  there, is to be printed at the return thereof.[300]


_Approbation of the League and Covenant above-mentioned._

The Assembly having recommended unto a Committee, appointed by them
to joyne with the Committee of the Honourable Convention of Estates,
and the Commissioners of the Honourable Houses of the Parliament
of England, for bringing the Kingdomes to a more near conjunction
and Union, received from the aforesaid Committees, the Covenant
above-mentioned, as the result of their consultations: And having
taken the same, as a matter of so publick concernment and of so deep
importance doth require, unto their gravest consideration, Did with all
their hearts, and with the beginnings of the feelings of that joy which
they did finde in so great measure upon the renovation of the Nationall
Covenant of this Kirk and Kingdome, All with one voice approve and
embrace the same, as the most powerfull meane, by the blessing of GOD,
for settling and preserving the true Protestant Religion, with perfect
Peace in his Majesties Dominions, and propagating the same to other
Nations, and for establishing his Majesties throne to all ages and
generations. And therefore with their best affections recommend the
same to the Honourable Convention of Estates, that being examined and
approved by them, it may be sent with all diligence to the Kingdome of
England: that being received and approven there, the same may be with
publick humiliation, and all Religious and answerable solemnitie, sworn
and subscribed by all true Professours of the reformed Religion, and
all his Majesties good Subjects in both Kingdomes.


Sess. Ult. August 19, 1643.

_The Assemblies humble desires to his Majestie anent the Lists for
Presentations: With a Recommendation to Presbyteries._

The Assembly considering the difficultie of obtaining six able and
well qualified Persons to be put into a List to his Majestie, for
every vaiking Kirk at his Majesties Presentation: Therefore do most
earnestly recommend to his Majesties Commissioner, to represent their
humble desires to his Majestie, that he would be pleased to accept of
a List of three: As also conform to the desire of the last Assembly at
S. Andrews, that his Majestie would be pleased to accept of any one
qualified man, who shall be able to speak the Irish Language for Kirks
vaiking in the Highlands: Which the Commissioners Grace promised to do
with the first conveniencie.

And with all his Grace representing to the Assembly, that he conceived
his Majestie had already done more, and yet would do more for
satisfaction to the desires of this Kirk, anent Patronages, nor any
other Patron: And therefore that it were convenient that all other
Patrons were earnestly desired to follow his Majesties example; And the
Assembly thinking it very necessary that some Generall course were set
down for providing and planting of vaiking Kirks, whereby all occasions
of contests and differences amongst Patrons, Presbyteries, and Paroches
may be removed: Therefore the Assembly recommend to every Presbyterie,
to consult and advise upon the best wayes and means for effectuating
hereof, And to report the results of their consultations hereintill to
the next Assembly.


_Overtures anent Witch-craft, and Charming, &c._

The abundance and increase of the sin of Witch-craft, in all the sorts
and degrees of it in this time of Reformation, is to be taken to heart
by this reverend Assembly, who would to that end consider,

I. Of the occasions thereof, which are found to be these especially,
extremity of grief, malice, passion, and desire of revenge, pinching
povertie, solicitation of other Witches and Charmers; for in such cases
the devil assails them, offers aide, and much prevails.

II. Of the reasons and causes of Satans prevailing, which are grosse
ignorance, great infidelitie, want of the love of the truth (which GOD
hath made so long and clearly to shine in our Land) and profanenesse of
life.

III. Of the means and wayes to bring them to a confession and censure,
which we conceive to be, That a standing Commission for a certain
time be had from the Lords of Secret Councel, or Justice Generall,
to some understanding Gentlemen and Magistrates within the bounds of
Presbyteries that shall crave it, giving them power to apprehend, try,
and execute justice against such persons as are guilty of Witch-craft
within these Presbyteries; For many Paroches want the concurrence of
civill Magistrates.

IV. Of the grounds of apprehending them, Which may be a reigning brute
of Witch-craft, backed with dilations of confessing Witches, being
confronted with them; for it is found that the dilations of two or
three confessing Witches, hath ordinarily proved true: also depositions
of honest persons, anent malifices committed, or cures used by them,
may be a ground of apprehending them.

V. Being apprehended, there would be honest and discreet persons
appointed to watch them; for being left alone, they are in danger to be
suborned and hardened by others, or of destroying themselves.

VI. Ministers would be carefull at all times, especially Morning and
Evening, to deal with them by Prayer and Conference, whiles they are in
prison or restraint.

VII. The means to prevent the grouth of this wickednesse, are,

That Ministers be every way carefull and painfull in warning people
of the danger thereof, and of Satans temptations, both privately and
publickly, and to instruct them in the knowledge of the Gospell,
and grounds of Religion, by plain catechising, to urge lively faith
in Christ, which faith Witches bestow otherwise; Also to presse
holinesse of life, and fervent prayers in private, and in Families,
and in publick, that they be not led into temptation; And to use
the censures of the Kirk against profane persons, such as Cursers,
Whoores, Drunkards, and such like, for over such like he gets great
advantage. Finally, it is requisite for preventing of this hainous sin,
that people seek knowledge, studie to beleeve, walk in holinesse, and
continue constant and instant in prayer.

And because Charming is a sort and degree of Witch-craft, and too
ordinary in the Land; it would be injoyned to all Ministers to take
particular notice of them, to search them out, and such as consult with
them, and that the Elders carefully concurre in such search; And this
Assembly would think on an uniforme way of censuring these Charmers,
and such as employ them, or consult with them, _primo quoque tempore_.

  The Assembly approves the Articles and Overtures aforesaid, And
  ordaines every Presbyterie to take to their further consideration
  by what other wayes or means, the sins aforesaid of Witchcraft,
  Charming, and consulting with Witches, or Charmers, and such like
  wickednes, may be tried, restrained, and condignely censured and
  punished ecclesiastically and civilly: And to report their judgements
  herein to the next Assembly.


_Commission for Ministers to go to Ireland._

The Generall Asembly having received a Petition subscribed by a very
great number in the North of Ireland, intimating their deplorable
condition through want of the Ministery of the Gospel, occasioned by
the tyrannie of the Prelats, and the sword of the Rebels, and desiring
some Ministers, especially such as had been chased from them by the
persecution of the Prelats, and some others to be added, either to be
sent presently over to reside among them, or declared transportable,
that upon invitation from them, they might go and settle there:
Together with a Letter from the Vicount of Airds to that same effect.
All which the Assembly hath taken to their serious consideration,
being most heartily willing to sympathise with every Member of Christ
his body, although never so remote, much more with that plantation
there, which for the most part was a branch of the Lord his Vine,
planted in this Land. In which solicitude, as they would be loath to
usurpe without their own bounds, or stretch themselves beyond their
own measure, so they dare not be wanting to the inlargement of Christs
Kingdoms, where so loud a cry of so extreme necessity, could not but
stir up the bowels of Christian compassion. And although they conceive,
that the present unsettled condition both of Church and State in that
Land, will not suffer them (as yet) to loose any, to make any constant
abode there; yet they have resolved to send over some for the present
exigent, till the next Generall Assembly, by courses, to stay three
moneth allanerly. And therefore do hereby authorize and give Commission
to the persons following, to wit, Master William Cockburne, Minister
at Kirkmichell, and Master Matthew Mackaill, Minister at Carmanoch,
for the first three moneths, beginning upon the 8 of September next.
Master George Hutchison, Minister at Calmonell, and Master Hugh
Henderson, Minister at Dalry, for the next three moneths, beginning
the 8 of December. Master William Adair, Minister at Air, and Master
John Weir, Minister at Dalserfe, for the third three moneths, beginning
the 8 of March, 1644. And Master James Hamilton, Minister at Dumfreis,
and Master John Macclellane, Minister at Kirkubright for the last
three moneths, beginning the 8 of June, the said year 1644. To repair
unto the North of Ireland, and there to visit, instruct, comfort, and
encourage the scattered flocks of Christ: To employ themselves to their
uttermost with all faithfulnesse and singlenesse of heart in planting
and watering, according to the direction of Jesus Christ, and according
to the Doctrine and Discipline of this Kirk in all things. And if
need be (with the concurrence of such of the Ministers as are there)
to try and ordain such as shall be found qualified for the Ministery;
Giving charge unto the persons foresaids in the sight of God, that in
Doctrine, in Worship, in Discipline, and in their daily conversation,
they study to approve themselves as the Ministers of Jesus Christ; And
that they be countable to the Generall Assembly of this Kirk in all
things. And in case of any of the above-mentioned Ministers be impeded
by sicknes, or otherwayes necessarily detained from this service;
The Assembly ordains the Commissioners residing at Edinburgh for the
publick affairs of the Kirk, to nominate in their place well qualified
men, who hereby are authorized to undertake the foresaid imployment,
as if they had been expresly nominate in the face of the Assembly.
And this although possibly it shall not fully satisfie the large
expectation of their Brethren in Ireland: yet the Assembly is confident
they will take in good part at this time that which is judged most
convenient for the present condition, even a lent mite out of their
own, not very great plentie to supply the present necessity: Requiring
of them no other recompence, but that they in all chearfulnesse may
embrace and make use of the Message of Salvation, and promising to
inlarge their indebted bountie at the next Assembly, as they shall
finde the Work of the Lord there to require. In the mean while wishing
that these who are sent, may come with the full blessing of the Gospel
of peace, recommends them, their labours, and these to whom they are
sent, to the rich blessing of the great Sheepherd of the flock.


_Act against Ministers haunting with Excommunicate Persons._

If any Minister haunt the company of an excommunicate person, contrair
to the Lawes of this Kirk; The said Minister for the first fault
shall be suspended from his Ministerie by his Presbyterie, during
their pleasure: And for the second fault be deprived. And in case
the Presbyteries be negligent herein, the Provinciall Assembly shall
censure the Presbyterie thus negligent.


_Act anent an order for using civill Execution against Excommunicate
Persons._

The Assembly taking to their consideration an Article, in the Heads and
Propositions sent to the Assembly held at Edinburgh, in August, 1573,
by the Lord Regents Grace, and allowed by that Assembly: Whereof the
tenour followes: “It is resolved that the Executions of the sentence
of Excommunication against Persons excommunicate, after the space of
fourtie dayes past, shall be presented to the Lord Thesaurer, or his
Clerk, who thereupon shall raise Letters by deliverance of the Lords
of Session, to charge the Persons Excommunicate, to satisfie the Kirk,
and obtain themselves absolved under the pain of Rebellion: And in case
they passe to the Horne, to cause their Escheits be taken up, and also
to raise and cause execute Letters of Caption against them: And these
to be done at the Kings Majesties charges:” Do ratifie and approve the
said Article. And farther that the intention of the said Article may
be better effectuate, doth also ordain, that every Presbyterie cause
send to the Procurator, or Agent of the Kirk, the foresaid Execution,
that is, an minute or note of the sentences of Excommunication within
their bounds, bearing the time and cause thereof: And that under the
hands of the Moderatour or Clerk of the Presbyterie, or of the Minister
who pronounced the sentence; That the samine may be delivered to his
Majesties Thesaurer, Advocate, or Agent. To cause letters of Horning
and Caption be raised and execute, and other diligence to be used
against the Excommunicat Persons in manner foresaid: And that all other
civill action and diligence may be used against them, warranted and
provided by Acts of Parliament, or secret Councell made thereanent: And
that particular account be craved hereof in every Generall Assembly.


_To the Kings Most Excellent Majestie, The humble Answer of the
Nationall Assembly of the Kirk of Scotland._

Although the many and ample testimonies of Your Majesties Royall favour
and bountie towards this Kirk and Kingdome be living and lasting
Monuments to hold all Your Majesties good Subjects and us most of
all, in remembrance of that duty, which we owe to Your Majestie our
great Benefactour, never by any length of time to be deleted out of
our minds: Yet when we remember even of conscience we owe honour and
subjection unto Your Majestie as our dread Soveraigne, as well in Your
Majesties absence as presence, We finde our obligation to be Religious,
and thereby much increased: And therefore have we at this time in all
our consultations and conclusions, of which some have been of more then
ordinary weight and concernment, in answer to certain Propositions,
made unto us by the Commissioners of the Houses of Parliament of Your
Majesties Kingdome of England, and some Reverend Divines assisting
them, fixed our eyes and thoughts upon Your Majesties honour and
happinesse, with no other and with no lesse intention, then if we had
been honoured by Your Majesties Royall Person in our Assembly. And in
like manner have given such Instructions to some Ministers and others,
to be sent unto the Assembly of Divines now in England, as next unto
the honour of God, and the good of Religion, may most serve for Your
Majesties preservation, and the peace of Your Kingdomes: Concerning
which, the Commissioners of the last Generall Assembly have so fully
exprest their humble thoughts and desires in their Supplication and
Remonstrance sent unto Your Majestie, that we need not adde any thing,
and Your Majesties times and affairs forbid all repetition. We do
onely in all humilitie beseech Your Majestie to judge of us and our
proceedings, by the nature and necessity of our vocation, and the rules
prescribed in the Word of God for our direction, and not by uncertain
rumours, and ungrounded reports of such men as have not the fear of
God before their eyes. And do earnestly pray to God Almighty, in whose
hands are the hearts of Kings, to incline Your Majesties heart to the
counsells of truth and peace, to direct Your Government for the good of
your People, the punishment of male-factours, and praise of well-doers;
that this fire of unnaturall and unchristian warre being extinguished,
the People of God, Your Majesties good Subjects may lead a quiet and
peaceable life, in all godlinesse and honestie.


_The Answer of the Generall Assembly of the Church of Scotland, to the
Declaration of the honourable Houses of the Parliament of England._

The Generall Assembly of the Church of Scotland, having received a
Declaration from the honourable Houses of the Parliament of England,
by their Committees and Commissioners now residing here; Have thought
good to make knowne unto the Lords and Commons in Parliament, that
all the Members of this Assembly, and others well-affected here, do
with most thankfull respects, take speciall notice of the expressions
which they have been pleased to make in the afore-named Declaration,
not only concerning their approbation of the desires and endeavours
of the Generall Assembly of this Kirk, for the Reformation of the
Church of England, and the union of both Churches in Religion and
Church-government; but also concerning the resolution of both Houses,
fully to concurre with them in these pious intentions. With the same
thankfulnesse and due reverence, they acknowledge the high respects
expressed towards them by both Houses, in directing unto them their
Committees and Commissioners, assisted by two reverend Divines, and in
desiring some of the godly and learned of this Kirk to be sent unto the
Assembly sitting there.

The Assembly doth blesse the Lord, who hath not only inspired the
Houses of Parliament with desires and resolutions of the Reformation
of Religion, but hath advanced by severall steps and degrees that
blessed Work; By which, as they shall most approve themselves to the
Reformed Churches abroad, and to their Brethren of Scotland, so shall
they most powerfully draw even from Heaven the blessings of prosperity
and peace upon England. And as it is the earnest wish of their Brethren
here, that the true state and ground of the present differences and
controversies in England may be more and more cleared to be concerning
Religion, and that both Houses may uncessantly prosecute that good Work
first and above all other matters, giving no sleep to their eyes, nor
slumber to their eye-lids, until they finde out a place for the Lord,
an habitation for the mighty GOD of Jacob, whose favour alone can make
their mountain strong, and whose presence in his own ordinances, shall
be their glory in the midst of them: So it is our confidence, that the
begun Reformation is of GOD, and not of man, that it shall increase,
and not decrease; and that he to whom nothing is too hard, who can
make mountaines, valleyes, crooked things, straight, and rough wayes,
smooth, shall lead along and make perfect this most wonderfull Work,
which shall be remembred to his glory in the Church throughout all
generations.

And lest through any defect upon the Generall Assemblies part, the Work
of Reformation (which hitherto to the great grief of all the Godly
hath moved so slowly) should be any more retarded or interrupted, they
have according to the renewed desires of both Houses of Parliament,
and their own former promises, nominated and elected Mr Alexander
Henderson, Mr Robert Douglas, Mr Samuel Rutherfoord, Mr Robert
Bailzie, Mr George Gillespie, _Ministers_ of Gods word; and John
Earle of Cassills, John Lord Maitland, and Sir Archbald Johnstoun of
Waristoun, _ruling Elders_, all of them men much approved here; With
Commission and power to them, or any three of them, whereof two shall
be Ministers, to repair unto the Assembly of Divines, and others of the
Church of England, now sitting at Westminster, to propound, consult,
treat, and conclude with them, and with any Committees deputed by the
Houses of Parliament (if it shall seeme good to the honourable Houses
in their wisedome to depute any for that end) in all such things as may
conduce to the utter extirpation of Popery, Prelacie, Heresie, Schisme,
Superstition and Idolatrie, And for the setling of the so much desired
Union of this whole Island in one forme of Church-government, one
Confession of Faith, one common Catechisme, and one Directorie for the
Worship of GOD, according to the Instructions which they have received,
or shall receive from the Commissioners of the Generall Assembly
appointed to meet at Edinburgh from time to time, with the Assemblies
power for that end. And as the Generall Assembly doth most gladly and
affectionately receive and fully trust the Committees and Divines sent
hither, so do they hereby commend the afore-named Commissioners, not
only to the like affection and trust of the Assembly there, but also to
the favour and protection of both Houses of Parliament.

And for the further satisfaction and encouragement of their Brethren of
England, the whole Assembly in their own name, and in name of all the
particular Churches in this Kingdome, whom they represent; Do hereby
declare, that from their zeal to the glory of GOD, and propagation of
the Gospell, from their affection to the happinesse of their native
King, and of the Kingdome of England, and from the sense of their own
interest in the common dangers of Religion, Peace, and Libertie, They
are most willing and ready to be united and associated with their
Brethren in a nearer League and solemne Covenant for the maintenance of
the truly reformed Protestant Religion, against Popery and Prelacie,
and against all Popish and Prelaticall corruptions; in doctrine,
discipline, worship, or Church-government, and for the settling and
holding fast of unity and uniformity betwixt the Kirks of this Island,
and with the best reformed Churches beyond sea. Which Union and
Covenant, shall with Gods assistance be seconded by their co-operating
with their Brethren in the use of the best and most effectuall meanes
that may serve for so good ends; For the more speedy effectuating
whereof, to the comfort and inlargement of their distressed Brethren
(whose hope deferred might make their hearts to faint) the whole
Assembly with great unanimity of judgement, and expressions of much
affection, have approved (for their part) such a draught and forme of
a mutuall League and Covenant betwixt the Kingdomes, as was the result
of the joint debates and consultations of the Commissioners from both
Houses, assisted by the two reverend Divines, and of the Committees
deputed from the Convention of the Estates of this Kingdome, and from
the Generall Assembly: Expecting and wishing the like approbation
thereof by the right honourable the Lords and Commons in Parliament,
and by the reverend Assembly there, That thereafter it may be solemnely
sworne and subscribed in both Kingdomes, as the surest and straitest
obligation to make both stand and fall together in that cause of
Religion and Libertie.

As the Estates of this Kingdome have often professed in their former
Declarations, the integritie of their Intentions against the common
enemies of Religion and Libertie in both Kingdomes, and their great
affection to their Brethren of England, by reason of so many and so
near relations; So doubtlesse now in this time of need they will not
fail to give reall proof of what before they professed. _A friend
loveth at all times, and a brother is born for adversitie._ Neither
shall the Assembly, or their Commissioners be wanting in exhorting all
others to their duty, or in concurring so far as belongeth to their
place and vocation, with the Estates now conveened, in any lawfull
and possible course which may most conduce to the good of Religion
and Reformation, the honour and happinesse of the Kings Majestie, the
deliverance of their Brethren of England from their present calamitous
condition, and to the perpetuating of a firme and happy peace betwixt
the Kingdomes.


_The Assemblies Answer to the right reverend the Assembly of Divines in
the Church of England._

  RIGHT REVEREND AND DEARLY BELOVED,

As the sufferings of Christ abound in you, So our heartie desire to
God is, that your consolations may much more abound by Christ. The
perusing of your Letter, produced in every one of us such a mixture
of affections, as were at the laying of the foundation of the second
Temple, where there was heard both shouting for joy, and weeping aloud;
We rejoiced that Christ our Lord had at last in that Land created a new
thing, in calling together, not as of before a Prelaticall Convocation
to be task-masters over the people of the Lord, but an Assembly of
godly Divines, minding the things of the Lord, whose hearts are set to
purge the defiled House of GOD in that Land: yet this our joy was not a
little allayed by the consideration of the sad and deplorable condition
of that Kingdome, where the high provocations of so many years, the
hellish plots of so many enemies in a nick of time, have brought an
inundation of over-flowing calamities: We know you are patiently
bearing the indignation of the Lord, because you have sinned against
him, till he throughly plead your cause, and disquiet the inhabitants
of Babylon, who now laugh among themselves, while you are fed with the
bread of tears, and get tears to drink in great measure, being on the
mountains like the doves of the valleyes, all of you mourning every one
for his iniquitie.

It is now more nor evident to all the Kirks of Christ, with what
implacable fury and hellish rage, the bloud-thirstie Papists, as
Babylon without, and the Prelaticall Faction, the children of Edom
within, having adjoyned to themselves many malignant adherents, of
time-serving Atheists, haters of holinesse, rejecters of the yoke of
Christ, (to whom the morning light of Reformation is as the shadow of
death) have begun to swallow up the inheritance of the Lord, and are
not easily satisfied in making deep and long furrowes on your backs.
We cannot say that the loudnesse of your cry surpasseth the heavinesse
of your stroake; but though the Lord hath delivered the men, every one
into his neighbours hand, and into the hand of his King, and they have
smitten the Land, yet the rod of the wicked shall not rest upon the
lot of the righteous: This cloud shall speedily passe away, and a fair
sun-shine shall appear.

As for us, though your extreame calamitie did not threaten the ruine of
our Religion, Peace, and Liberties, as it doth most evidently; we would
hate our selves, if we did not finde our hearts within us melting with
compassion over you: You are engraven on the tables of our hearts to
live and die with you: we could desire that our heads were waters, and
our eyes a fountain of tears, that we might weep day and night for the
slain of the daughter of the Lords people; So calamitous a condition of
any of the Kirks of Christ, could not but be very grievous unto us; How
much more shall not we stoup and fall down in the dust to embrace our
dearest Brethren of England, to whom we are tied in so near and tender
relations. When we were but creeping out of the deep darknesse and
bondage of Popery, and were almost crushed with the fury of Forreigne
Invaders, joined with intestine enemies, pretending the name and
warrand of authority as now your oppressours do; Then did the Lord by
your Fathers send us seasonable assistance against that intended and
begun bondage both of soul and body: The repayment of which debt, the
Divine Providence seemeth now to require at our hands. And whereas of
late through our security we had fallen into a wofull relapse, and were
compassed about with dreadfull dangers on all hands, while we aymed at
the recovery of our former puritie and libertie: Then we wanted not the
large supply of your fervent Prayers, and other brotherly assistance of
that Nation, while those who are now your malignant enemies, would have
swallowed us up.

These strait bonds of your ancient and late love, do so possesse our
hearts, that when the motions of the Commissioners of the honourable
Houses of Parliament, and your Letters did challenge our advice and
aid for defence of Religion, and advancement of Reformation; our
smoaking desires for a more strict Union and Uniformitie in Religion
betwixt both the Nations, did break forth into a vehement flame, in
such sort, as when the draught of a League and Covenant betwixt both
Kingdomes for defence of Religion, &c. was read in open audience.
It was so unanimously and heartily embraced, with such a torrent of
most affectionate expressions, as none but eye or ear-witnesses can
conceive; whereof the two reverend Divines sent from you to us, being
then present, no doubt will give you an account. Neither was it so
onely with us, but also the honourable Convention of Estates here,
with the like harmony of affectionate expressions, did entertain the
same; So that we hope to be reall and constant in prosecuting the
contents of this Covenant. When we in our straits fled to the Lord, and
entred in Covenant with him, he owned us and our Cause, rebuked and
dissipated our enemies, and hitherto hath helped us, and blessed our
enterprises with success from heaven, notwithstand our great weaknesse
and unworthinesse. We trust in the Lord, that as once it was prophesied
of Israel and Judah; So shall Scotland and England become one stick in
the hand of the Lord, they shall ask the way to Sion, with their faces
thitherward, saying, Come, let us joyne our selves to the Lord in a
perpetuall Covenant, that shall not be forgotten; And so shall come
to passe, that the Lords Jerusalem in this Island, shall be a cup of
trembling, and a burthensome stone to all their enemies round about.
Though now it be the time of Jacobs trouble, the Lord will deliver him
out of it. Reverend and dear Brethren, we conceive your case, and of
all the Faithfull in that Land, to be no other then of a woman crying,
travelling in birth, and pained till she be delivered. The great red
Dragon, (under whose standard the sons of Belial are fighting) is your
Arch-enemy, This cannot but be a time of fear and sorrow; But when
the male childe shall be brought forth, the pain shall cease, and the
sorrow shall be forgotten. We are very confident in the Lord, that you
will be faithful to Jesus Christ, in the work committed to you by him
in all his ordinances, and taking neither foundation, corner-stone, nor
any part of the rubbish of Babell to build the City that is called,
_The Lord is there_: But measuring all with the golden reed of the
Sanctuary, you may more closely be united to the best Reformed Kirks,
in Doctrine, Worship, and Government, that you may grow up in him in
all things which is the head, even Christ.

And now Reverend and dear Brethren, though we know that you abound in
all gifts and graces, the Spirit of Jesus Christ being plentifully
powred out upon you, yet according to your desire and the motion
made by the Commissioners of the Honourable Houses of Parliament, to
testifie our hearty sympathie with you in the work of the Lord, We have
nominate and elected some Godly and learned of this Church to repair to
your Assembly. We doubt nothing of your hearty embracing them in the
Lord, and their diligent concurrance with you in advancing that great
work.

Not onely the common danger we are under, but the conscience of our
duty to his suffering people, layeth bonds on us frequently to present
you, and that blessed Work of Reformation, in your hands, to the
throne of Grace, that the GOD of all Grace, who will call you into his
eternall glory by Christ Jesus, after that you have suffered a while
may make you perfect, stablish, strengthen, settle you.

  _Subscribed in name of the Assembly of the Church of Scotland, by the
  Clerk of the Assembly._

  Edinburgh, August 19, 1643.


_The Assemblies Answer to the Reverend their beloved Brethren,
Ministers in the Church of England._

  REVEREND AND BELOVED,

Wee acknowledge with thankfulnesse to GOD, that this is one of the good
blessings bestowed upon our Kirk of late, and a pleasant fruit of our
free Assemblies, That a way is opened for keeping communion with our
sister Kirks abroad, and correspondence with you our dear Brethren,
in whose joy and sorrow we have so near interest, and whose cause and
condition we desire to lay to heart as our own.

All your former Letters were most acceptable, and full of refreshment
unto us, being taken as the earnest of a more full and constant
fellowship, longed after and hoped for: And this your last, although
full of sadnesse and sorrow, yet accounted of us all most worthy of our
tenderest affection and best respects, both for your cause who sent
it, and for these worthy witnesses which did attest it: Wherein as you
have given unto us no small evidence, not only of your love, but also
of trust and friendly respect, by choosing to poure out your grieved
souls in our bosome; So we shall wish, and Godwilling endeavour, that
you may really finde some measure of brotherly compassion in our
receiving thereof. For these your sad expressions of deep sorrow,
being as you have given us to conceive but a part of your complaint,
and a lamentation lesse then the causes doth require, cannot but melt
every heart, wherein there is any the least warmnesse of the love of
Christ and his Saints: And what Childe of the Bridegrooms chamber, can
hear the voice of so many friends of the Bridegroom, lamenting for the
evils which have befallen Christs Bride in England, in the very night
before her expected espousalls, and not sit down and mourn with them,
except his heart be fallen asleep and frozen within him? This pitifull
condition of our sister Church in England hes matter enough we confesse
to move, yea, to rend our bowels.

If we should weigh this your heavie grief in the scales of common
reason, we behoved either to stand aloof from your plague as men
astonished, or sink down in heaviness and be swallowed up of sorrow:
but when we ponder your sad condition in the Ballance of the Sanctuary,
we finde that nothing hath as yet befallen unto you, save that which
hath been the exercise of the Saints in former times, who have been
made to sit down for a while in the shadow of death before the day
of their deliverance. We finde nothing but that which may be a fit
Preparation for a comfortable out-gate from all your troubles. What
if it was necessary in the wise dispensation of Almighty GOD, that a
People in great estimation for wisedome and power, such as England,
should be thus farre humbled, as you declare, to the end that your
deliverance may be seen hereafter to be of the Lord, and not of
your selves? What if the Lord would not draw back his hand from the
Wine-presse wherein you now lye, till he should draw forth from you
these pitifull expressions of your low estate, and so provide himself
witnesses against the day to come, that he may have the greater and
purer glory in your salvation, and your gloriation may be in the Lord
alone? Dear Brethren, comfort your selves in the Lord; this sowing in
tears, doth promise a reaping in joy, and who knoweth how soon he will
give to you who are mourners in Zion, beauty for ashes, the oyle of
joy for mourning, the garment of praise for the spirit of heavinesse;
That you may be called the trees of righteousnesse, the planting of the
Lord, that he may be glorified.

Though weeping be in the evening of this begun Reformation and purging
of the Lords House among you, yet in the morning when the discovered
filthinesse and sweepings of the Temple shall be orderly cast out,
joy shall come with thanksgiving and praise. Though a fire be kindled
in the Land, yet it is not to consume any of the mettal, for the Lord
is sitting down as a Refiner amongst you, and especially to purifie
the sons of Levi, that he may have a more pure oblation of spirituall
worship and service in all his holy ordinances throughout all the
Land, which is no token of wrath, but of loving-kindnesse towards you.
No wonder that Satan doth thus rage, as you relate, for-seeing his
casting out: No wonder he stirre up all the children of disobedience,
and kindle their naturall malice against the children of God with the
inspiration of hellish fury: No wonder the spirit of Antichrist be mad,
when the morsell half swallowed down, is like to be pulled out of his
throat, the fat morsell of the rich Revenues of England: No wonder he
be cruell against you the servants of Christ, who are consuming him by
the breath of the Lords mouth.

You do well to expect no mercy, if Papists and Prelats prevail over
you, neither desire we to deceive our selves with hopes to be free from
what ther power and malice can do against us; for they will not do to
us if they get the upper-hand, as we have done, and must do, if God
bring them low again under us, as they were before; for we and they are
led by the contrary spirits of Christ and Antichrist: We have laboured,
and must labour for their conversion, but they (except in so far as God
shall bridle them) will not rest without our destruction; for their
fury against our persons is much more fierie then our zeal is fervent
against their abominations. Let them follow the spirit of lying and
murthering, wee must take us to our refuge, and joyne our selves with
all that are sensible of the danger of the Reformed Religion in prayer
and supplication, The Lord of hosts is with us, the God of Jacob is our
refuge.

Now for advice, what can we say to you who are upon your watch-tower,
wherein is the spirit of wisedome and counsell, who lye thus as humble
Disciples under the Lords foot, who did never forsake them that
sought him. Go on in the name of our Lord Jesus Christ, against all
opposition, without fear of whatsoever dangers, to purge the House of
the Lord, to repair the breaches thereof, to set up all his Ordinances
in their full beautie and perfection, to the uttermost of your power,
according to the pattern of the Word of GOD, and zeal of the best
reformed Kirks; And let these two Kingdomes be knit together as one man
in maintaining and promoving the truth of the Gospel; Let us enter in
a perpetuall Covenant for our selves and our posterity, to endeavour
that all things may be done in the House of GOD according to his own
will, and let the Lord do with us what seemeth good in his eyes. Only
wait upon the Lord, be of good courage, and he shall strengthen your
heart. Let your hands be ever at your Masters Work, and hold your faces
resolutely to his Cause. Watch ye, stand fast in the faith, quite your
selves like men, be strong, for ye shall see the salvation of the Lord,
and your labour shall not be in vain.

  _Subscribed in name of the Generall Assembly of the Church of
  Scotland, by the Clerk of the Assembly._


_Commission of the Generall Assembly for these that repair to the
Kingdome of England._

The Generall Assembly of the Church of Scotland, finding it necessary
to send some godly and learned of this Kirk to the Kingdome of England,
to the effect under-written. Therefore gives full Power and Commission
to Master Alexander Henderson, Master Robert Douglas, Master Samuel
Rutherfoord, Master Robert Bailzie, and Master George Gillespie,
_Ministers_, John Earle of Cassills, John Lord Maitland, and Sir
Archbald Johnstoun of Waristoun _Elders_, or any three of them, whereof
two shall be Ministers, to repair to the Kingdome of England, and
there to deliver the Declaration sent unto the Parliament of England,
and the Letter sent unto the Assembly of Divines now sitting in that
Kingdome. And to propone, consult, treat and conclude with that
Assembly or any Commissioners deputed by them, or any Committees or
Commissioners deputed by the Houses of Parliament, in all matters which
may further the Union of this Island in one forme of Kirk-government,
one confession of Faith, one Catechisme, and one Directorie for the
Worship of GOD, according to the Instructions which they have received
from the Assembly, or shall receive from time to time hereafter from
the Commissioners of the Assembly deputed for that effect. With power
also to them to convey to his Majestie, the humble Answer sent from
this Assembly to his Majesties Letter, by such occasion as they shall
think convenient; And suchlike to deliver the Assemblies Answer to the
Letter sent from some wel-affected Brethren of the Ministery there.
And generally authorizes them to do all things which may further the
so much desired Union, and nearest conjunction of the two Churches of
Scotland and England, conform to their Instructions aforesaid.


_Reference to the Commission, anent the Persons designed to repair to
the Kingdome of England._

The Assembly having this day approven the nomination made by the
Commissioners of the late Assembly, of Persons to repair to the Synod
of Divines in England: And having of new elected and nominated all the
same persons, except Master Eleazar Borthwick, who is now with GOD.
Therefore gives power to the Commissioners to be appointed by this
Assembly for the publick affairs of this Kirk, to nominate and appoint
any other whom they shall think meet in his place. And suchlike the
Assembly refers to the said Commission, to consider whether it be
convenient to send now at this present time to the Kingdome of England,
all the persons appointed to go thither, and to designe the Persons
whom they think meet to go at this present occasion, to determine the
time of their dispatch, and to give unto them their Instructions. And
further in case of sicknesse or death of any of the persons appointed
for that employment, or in the case of any other necessary impediment
of their undertaking the samine; Gives power to the said Commission,
to nominate others in their place if the Commission shall finde it
convenient.


_Commission for the Publick affairs of this Kirk._

The Generall Assembly, considering the laudable custome of this Kirk,
in appointing Commissions betwixt Assemblies for the publick affairs
of the Kirk, and the commendable practice of the late Assembly at
Saint Andrews, in appointing their Commission for prosecuting that
blessed Work, for uniting the Kirks of this Island in Religion
and Kirk-government, by all lawfull and Ecclesiastick wayes, for
continuance of our own peace at home, and of the common peace betwixt
the two Nations, and for other good ends, as at length is exprest
in that Commission: And finding that the painfull endeavours and
proceedings of that Commission, unanimously approven in this Assembly,
though they have much advanced that glorious Work of Unity in Religion
and Government; yet hes not brought the samine to full perfection
and a finall accomplishment: And the Assembly being now much animate
and encouraged to prosecute that Work by the Parliament of England
their Bills past against Episcopacie, and sundry other corruptions,
and the good hopes of a solemne Covenant betwixt the Nations, And
conceiving that in thir times of danger, there may be some occasions
for conveening the Assembly, before the time indicted for their next
meeting. Therefore the Assembly finding it necessary to appoint a new
Commission, By these presents, nominates and appoints Mr Andrew Ramsay,
Mr Alexander Henderson, Mr Robert Douglas, Mr William Colvill, Mr
William Bennet, Mr George Gillespie, Mr John Adamson, Mr John Sharpe,
Mr James Sharpe, Mr William Dalgleish, Mr David Calderwood, Mr Andrew
Blackhall, Mr James Fleeming, Mr Robert Ker, Mr John Macghie, Mr Oliver
Colt, Mr Hugh Campbell, Mr Adam Penman, Mr Richard Dickson, Mr Andrew
Stevinson, Mr John Lauder, Mr Robert Blair, Mr Samuel Rutherfoord, Mr
Arthur Morton, Mr Robert Traill, Mr Frederick Carmichell, Mr Mungo
Law, Mr John Smith, Mr Patrick Gillespie, Mr John Duncan, Mr John
Hume, Mr Robert Knox, Mr William Jameson, Mr Robert Murray, Mr Henry
Guthrie, Mr James Hamilton, Mr Bernard Sanderson, Mr John Leviston,
Mr James Bonar, Mr Evan Cameron, Mr David Dickson, Mr Robert Bailzie,
Mr James Cunninghame, Mr George Young, Mr Andrew Auchinleck, Mr
David Lindsay, Mr Andrew Cant, Mr John Oiswald, Mr William Douglas,
Mr Murdoe Mackenzie, Mr Coline Mackenzie, Mr John Monroe, Mr Walter
Stuart, _Ministers_: Marquesse of Argyle, Earle Marshell, Earle of
Sutherland, Earle of Eglintoun, Earl of Cassills, Earle of Dumfermling,
Earle of Lawderdail, Earle of Lindsay, Earle of Queensberrie, Earle of
Dalhousie, Lord Angus, Vicount of Dudhope, Lord Maitland, Lord Elcho,
Lord Balmerinoch, Lord Cowper, Sir Patrick Hepburne of Wauchtoun,
Sir Archbald Johnstoun of Waristoun, Sir David Hume of Wedderburne,
Sir Alexander Areskine of Dun, Sir William Cockburne of Langtoun,
________________ Ruthven of Frieland, Sir James Arnot of Fernie, Sir
Walter Riddell of that Ilk, Sir Lodovick Houstoun of that Ilk, Sir
William Carmichaell, Fiar of that Ilk, Laird of Bonjedburgh, Laird of
Libbertoun, Laird of Brodie, Sir John Smith, James Dennistoun, Master
Robert Barclay, John Rutherfoord, William Glendinning, John Sempill,
John Kennedie, Master Alexander Douglas; To meet at Edinburgh the 21
day of August next, and upon any other day thereafter, and in any
other place they shall think good. And gives and grants unto them, or
any fifteen of them, there being twelve Ministers present, full power
and Commission, to consider and performe what they finde necessary
by Praying and Preaching, by supplicating his Majestie and all the
Judicatories of this Kingdome, by Declarations and Remonstrances to
the Parliament of England, to the Synod of Divines in that Kingdome,
by Informations, Directions, and Instructions to, and continuall
correspondence with the Commissioners, now designed by this Assembly
to go to the Synod of Divines in England, or by any other lawfull
Ecclesiastick wayes, for furtherance of this great Work, in the Union
of this Island in Religion and Kirk-government, and for continuance of
our own Peace at home, and of the common Peace betwixt the Nations,
and keeping of good correspondence betwixt the Kirks of this Island.
With power also to them to concurre with the Lords of Councell,
Commissioners of Peace, or with the Honourable Estates assembled in
Convention or Parliament, or with their Committees or Commissioners,
in prosecuting this good Work at home or abroad by all Ecclesiastick
wayes. And suchlike with power to them to prevent the dangers conteined
in the Remonstrance, presented unto the Convention of Estates by the
Commissioners of the late Assembly in June last, and to prosecute the
remedies of these dangers conteined in another Remonstrance, presented
by the saids Commissioners to the Convention the 6 of July last, by
admonitions, directions, censures, and all other Ecclesiastick wayes.
And further in case their Brethren of England shall agree to the
Covenant betwixt the Kingdomes, the draught and frame whereof is now
so unanimously approven in this Assembly Gives also unto the Persons
foresaid, or the Quorum above-written, full Power and Authoritie to
command and enjoyn the samine to be subscribed and sworn by all the
members of this Kirk: And that in such order and manner, and with such
solemnities as they shall think convenient for so great and glorious
a Work; And to send their directions to Sessions, Presbyteries and
Synods, for execution of their orders thereanent. And with power to
proceed against any Person whatsoever, that shall refuse to subscribe
and swear the said Covenant, with all the censures of the Kirk, or to
refer the tryall and censures of such delinquents to Presbyteries or
Synods as they shall think convenient. And such like gives unto the
persons foresaids power and libertie, to call a Generall Assembly _pro
re nata_, in case they shall finde the necessity of the Kirk, and this
great Work to require the same: With full power also to them to give
Answers in name of the Assembly, to all Letters sent to the Assembly
from the Kirks of Holland, Zealand, or any other forraigne Reformed
Kirks. And further gives power to them to promove the other desires,
Overtures and recommendations of this, or of any former Assemblies
to the Kings Majestie, Parliament or Convention of Estates, to the
Lords of Councell, Session, Exchequer, Commissioners of Parliaments,
for plantations of Kirks, for the common burdens, and for conserving
the Peace. And suchlike gives us full power and Commission to them to
treat and decerne in any other matters referred, or to be referred
to them by this Assembly, as if the samine were herein particularly
insert. And generally gives unto the Persons foresaids, or the Quorum
above-mentioned full power and Authoritie, to do and performe all
things which may advance, accomplish, and perfect the great Work
of Unity of Religion, and Uniformity of Kirk-government in all his
Majesties Dominions, and which may be necessary for good order in
all the publick affairs of this Kirk, until the next Assembly, _ne
quid detrimenti capiat Ecclesia_. With als ample power in all matters
particularly or generally above-mentioned, as any other Commission
of Generall Assemblies, hes had or been in use of before; They being
alwayes countable to, and censurable by the next Generall Assembly, for
their proceedings thereintill.

       *       *       *       *       *

The Generall Assembly appoints the meeting of the next Generall
Assembly, to be at Edinburgh the last Wednesday of May, in the year
1644.

FINIS.




INDEX _of the_ ACTS _of the_ ASSEMBLY _holden at_ EDINBURGH, 1643. _Not
printed._


1.—The Kings Majesties Commission to Sir Thomas Hope of Craighall,
Knight, his Majesties Advocate.

2.—Election of Master Alexander Henderson, Moderatour.

3.—Appointment of Master John Scot, who was sent from the Presbyterie
in the Scottish Army in Ireland, to be present in the Assembly every
Session.

4.—Questions propounded by the Moderatour, to some brethren in the
North, anent some Papists there, and there answer thereunto.

5.—Commission for visitation of the University of S. Andrews.

6.—Letters from Master William Spang, Minister of the Scots Kirk at
Campheir, with attestations of some Dutch Kirks, anent hinging of
Pensills in Kirks, &c.

7.—Act for summar excommunication of Adam Abercrombie.

8.—Approbation of the deposition of Master John Forbes, with an
ordinance for his subscribing the Covenant.

9.—Questions from the Presbyterie of Hadington with the Assemblies
resolution thereof, anent Sir John Seaton, and his daughter.

10.—Approbation of the advice of the Commissioners of the late Assembly
at S. Andrews, for not printing two Acts of the last Assembly held at
Aberdene.

11.—Approbation of the Lord Maitland his faithfull discharging the
Commission given to him by the late Assembly at S. Andrews for
repairing to the Kings Majestie, and Parliament of England, &c.

12.—Committee appointed to meet with the English Commissioners.

13.—Power of Collectorie to Master Robert Dalgleish, of the annuitie of
500 lib. sterling, granted by his Majestie to the Kirk.

14.—Approbation of the Lord Marquesse of Argyle his apprehending Ronald
Macronald, Priest.

15.—Approbation of the Laird of Birkenboge, for apprehending John
Robeson, Priest.

16.—Renunciation of the unlawfull Band, conforme to the ordinance of
the Assembly at Edinburgh, 1641.

17.—Recommendation anent the captives in Argiers.

18.—Approbation of Master Alexander Henderson, his faithfull and
wise carriage in discharging of the Commission given to him by the
Commissioners of the late Assembly, for going to His Majestie, &c.

19.—Report of the Committee appointed to meet with the English
Commissioners.

20.—Report of the Committee appointed for trying the Presbyterie of
Auchterarder, The Assemblies approbation, admonition, and publick
rebuke of the severall brethren of that Presbyterie respective,
according to their behaviours.

21.—Suspension of Master John Grahame. With [Answers.]

22.—The ordinance for debarring the Ministers who are Commissioners of
that Presbyterie, from this Assembly.

23.—Recommendation to the Synod of Perth for reconciling the
differences amongst the brethren of that Presbyterie.

24.—Publick rebuke of Master Henry Futhie.

25.—Recommendation of the desire of Sir John Crawfurd of Kilburnie,
Knight, to the Presbyterie of Dumbartan.

26.—Anent Doctour Howies papers.

27.—Act anent the desire of the Letters sent from the Minister of the
Scottish Kirk at Campheir.

28.—Recommendation to him, to urge the subscribing of the Covenant.

29.—Deposition of Master Andro Logie.

30.—Erection of a Presbyterie at Biggar, with a suspension of entrie
thereunto.

31.—Reference of the matter betwixt the parishoners of Closburne, &c.,
and the Presbyterie of Penpont, to the Synod of Dumfreis.

32.—Reference of the Petition of Dunscoir to the Commiss. Parl. for
plantation of Kirks.

33.—Recommendation anent the Kirk of Carubie, to the Presbyterie of S.
Andrews.

34.—Remitt. anent Traflat and Drungrey, to the Synod of Dumfries.

35.—Act anent Roger Lindesay of Maines his Excommunication, With a
Recommendation to the Convention of Estates concerning him.

36.—Recommendation to the Convention of Estates, anent persons
excommunicate.

37.—Commission for visitation of Orkney, Zetland, &c.

38.—Act anent the Kirk of Stracathro.

39.—Recommendation anent erecting a Kirk at Seatoun.

40.—Reference to the Commission to be appointed by this Assembly, for
the publick affairs of this Kirk, for providing the Universitie of
Aberdene with a Professour of Divinity.

41.—Reference to the said Commiss. for providing a Professour of
Divinitie to the Universitie of S. Andrews.

42.—Committee appointed to conferre with the English Commissioners upon
the Papers presented by them to the Assembly upon the 15 of August.

43.—Committee to conferre also with the Committee of the Convention of
Estates thereanent.

44.—Ordinance that Master Alexander Henderson, Master David Calderwood,
and Master David Dickson, make some draught and forme of the publick
Directorie for Worship.

45.—Act for proceeding with Ecclesiastick censures against the
murderers of William Creightoun.

46.—Commission appointed to sit at Air for the particulars concerning
the parochiners of Stainiekirk, &c.

47.—Triall of the Synod books.

48.—Approbation of the Act of the last Assembly, concerning the power
granted to Sir Archibald Johnstoun, Procurator of the Kirk, and Clerk
to the Assembly.

49.—Recommendation of the matter concerning a Collegue to the Minister
of Dumfreis, to the Commissioners of Parliament for plantation of Kirks.

50.—Recommendation to the Synod of Lowthian, to try the proceedings of
the Presbyterie of Peebles, in admission of Master John Hay to the Kirk
of Peebles.

51.—Reference of Master John Mackinzie to the Commission of the
Generall Assembly.

52.—Act for proceeding against the Presbyterie of Sky, for not keeping
the Synod.

53.—Recommendation to the Lord Marquesse Argyle, to move the ruling
Elders in Argyle, to be more observant of Presbyteries and Synods.

54.—Recommendation to the Lord Marquesse Argyle for planting Loquhaber.

55.—Ordinance for suppressing of sub-synods.

56.—Ordinance for deleting an Act of the Synod of Murray.

57.—- Reference anent the order of triall of Synods, Presbyteries,
and Kirks, With a recommendation for using the orders set down in the
Assemblies 1638 and 1602, in the interim.

58.—Commission for planting the Kirks of Edinburgh.

59.—Remitt. to the Presbyterie of S. Andrews anent the Kirk of Largo.

60.—Recommendation of Master James Fairlie, to the Commission of this
Assembly.

61.—Recommendation anent the Bill given in by William Janson, Printer
in Amsterdam.

62.—Reference anent Master Robert Fleiming to the Commission appointed
to sit at Air.

63.—Report and approbation of the proceedings of the Commission of
visitation of the Universitie of Glasgow.

64.—Commission of Visitation of that Universitie.

65.—Report of the Committee anent the distressed people in Ireland.

66.—Recommendation to the Commissioners of the Generall Assembly, to
sit at Edinburgh anent Expectants to go to Ireland.

67.—Acts anent James Murray.

68.—Recommendation of Master Robert Brown.

69.—Commission to the Presbyterie of Edinburgh, for his admission to
the Earle of Irwins Regiment.

70.—Report of the Committee anent the receiving and dispensing of
his receipts of the annuitie of five hundred pound sterling, &c. And
approbation thereof.

71.—Report of the Committee appointed to consider the References from
the Commission of the late Assembly.

72.—Act for Master Andrew Murray, Minister at Ebdie, his exercise
of his calling of the Ministerie, and for rejecting honours, &c.
Incompatible with that calling.

73.—Recommendation Master William Bennet, Minister at Ancrum, to
abstain from civill courts and meetings, &c.

74.—Recommendation to the Commissioners of the Assembly for tryall if
any Excommunicate Papists, be in the Scotish Regiments in France, &c.

75.—Recommendation of Master Iames Iohnstoun.

76.—Reference of Tillifruskie to the Presbyterie of Edinburgh.

77.—Recommendation anent Laird Gagies mortification.

78.—Recommendation of Master Alexander Trotter.

79.—Recommendation anent the dismembring some parts of the Paroch of
Hadintoun, to be a severall Parochine.

  FINIS.




=Miscellaneous Historical Documents.=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1643.


The League and Covenant referred to in the Acts, as “to be printed at
the return thereof,” when received and approven of by the Parliament
of England and Assembly of Divines, is not among the printed Acts of
that or any subsequent year; but as it was afterwards sanctioned by
these bodies, and the States of Scotland, we think it advisible, for
the sake of connection and distinctness, to insert it and the Act of
Ratification in this place.

  August 17, 1643.

_A Solemne League and Covenant for Reformation and Defence of Religion,
the Honor and Happinesse of the King, and the Peace and Safety of the
three Kingdomes of Scotland, England, and Ireland_.[301]

Wee Noblemen, Barons, Knights, Gentlemen, Citizens, Burgesses,
Ministers of the Gospel, and Commons of all sorts, in the kingdomes of
Scotland, England, and Ireland, by the providence of GOD, living under
one King, and being of one reformed religion, having before our eyes
the glory of GOD, and the advancement of the kingdome of our Lord and
Saviour JESUS CHRIST, the honour and happinesse of the Kings Majestie
and his posterity, and the true publick liberty, safety, and peace
of the kingdomes, wherein every ones private condition is included:
And calling to minde the treacherous and bloudy plots, conspiracies,
attempts, and practices of the enemies of GOD, against the true
religion and professours thereof in all places, especially in these
three kingdomes, ever since the reformation of religion; and how much
their rage, power, and presumption are of late, and at this time,
increased and exercised; whereof the deplorable state of the church and
kingdome of Ireland, the distressed estate of the church and kingdome
of England, and the dangerous estate of the church and kingdome of
Scotland, are present and publick testimonies; we have now at last,
(after other means of supplication, remonstrance, protestation, and
sufferings,) for the preservation of our selves and our religion from
utter ruin and destruction, according to the commendable practice of
these kingdomes in former times, and the example of GODS people in
other nations, after mature deliberation, resolved and determined to
enter into a mutuall and Solemne League and Covenant, wherein we all
subscribe, and each one of us for himself, with our hands lifted up to
the most High GOD, do swear,

I. That we shall sincerely, really, and constantly, through the
grace of GOD, endeavour, in our severall places and callings, the
preservation of the reformed religion in the Church of Scotland, in
doctrine, worship, discipline, and government, against our common
enemies; the reformation of religion in the kingdomes of England and
Ireland, in doctrine, worship, discipline, and government, according
to the word of GOD, and the example of the best reformed Churches; and
shall endeavour to bring the Churches of GOD in the three kingdomes
to the nearest conjunction and uniformity in religion, confession
of faith, form of church-government, directory for worship and
catechizing; that we, and our posterity after us, may, as brethren,
live in faith and love, and the Lord may delight to dwell in the midst
of us.

II. That we shall, in like manner, without respect of persons,
endeavour the extirpation of Popery, Prelacy, (that is,
church-government by Archbishops, Bishops, their Chancellors, and
Commissaries, Deans, Deans and Chapters, Archdeacons, and all other
ecclesiasticall Officers depending on that hierarchy,) superstition,
heresie, schisme, profanenesse, and whatsoever shall be found to be
contrary to sound doctrine and the power of godlinesse; lest we partake
in other mens sins, and thereby be in danger to receive of their
plagues; and that the Lord may bee one, and his name one, in the three
kingdomes.

III. We shall, with the same sincerity, reality and constancie, in our
severall vocations, endeavour, with our estates and lives, mutually
to preserve the rights and privileges of the Parliaments, and the
liberties of the kingdomes; and to preserve and defend the Kings
Majesties person and authority, in the preservation and defence of
the true religion, and liberties of the kingdomes; that the world may
bear witnesse with our consciences of our loyalty, and that wee have
no thoughts or intentions to diminish his Majesties just power and
greatnesse.

IV. We shall also, with all faithfulness, endeavour the discovery of
all such as have been or shall be incendiaries, malignants, or evil
instruments, by hindering the reformation of religion, dividing the
King from his people, or one of the kingdomes from another, or making
any faction or parties amongst the people, contrary to this League
and Covenant; that they may be brought to publick triall, and receive
condigne punishment, as the degree of their offences shall require or
deserve, or the supreame judicatories of both kingdomes respectively,
or others, having power from them for that effect, shall judge
convenient.

V. And whereas the happinesse of a blessed peace between these
kingdomes, denyed in former times to our progenitors, is, by the good
providence of GOD, granted unto us, and hath been lately concluded and
settled by both Parliaments; we shall each one of us, according to our
place and interest, endeavour that they may remaine conjoined in a
firme peace and union to all posterity; and that justice may be done
upon the wilfull opposers thereof, in manner expressed in the precedent
article.

VI. Wee shall also, according to our places and callings, in this
common cause of religion, liberty, and peace of the kingdomes, assist
and defend all those that enter into this League and Covenant, in the
maintaining and pursuing thereof; and shall not suffer ourselves,
directly or indirectly, by whatsoever combination, persuasion, or
terrour, to be divided and withdrawen from this blessed union and
conjunction, whether to make defection to the contrary part, or to give
ourselves to a detestable indifferency or neutrality in this cause,
which so much concerneth the glory of GOD, the good of the kingdomes,
and honour of the King; but shall, all the dayes of our lives,
zealously and constantly continue therein against all opposition,
and promote the same, according to our power, against all lets and
impediments whatsoever; and, what we are not able ourselves to supresse
or overcome, we shall reveal and make known, that it may be timely
prevented or removed: All which we shall do as in the sight of GOD.

And, because these kingdoms are guilty of many sins and provocations
against GOD, and his Son JESUS CHRIST, as is too manifest by our
present distresses and dangers, the fruits thereof; we professe and
declare, before GOD and the world, our unfeigned desire to be humbled
for our own sins, and for the sins of these kingdomes: especially, that
have not as we ought, valued the inestimable benefit of the gospel;
that we have not laboured for the purity and power thereof; and that
we have not endeavoured to receive CHRIST in our hearts, nor to walk
worthy of him in our lives, which are the causes of other sins and
trangressions so much abounding amongst us: and our true and unfeigned
purpose, desire, and endeavour for ourselves, and all others under
our power and charge, both in publick and in private, in all duties
we owe to GOD and man, to amend our lives, and each one to go before
another in the example of a reall reformation; that the Lord may turn
away his wrath and heavy indignation, and establish these churches and
kingdomes in truth and peace. And this Covennnt we make in the presence
of ALMIGHTY GOD, the Searcher of all hearts, with a true intention
to performe the same, as we shall answer at that great day, when the
secrets of all hearts shall bee disclosed; most humbly beseeching the
LORD to strengthen us by his HOLY SPIRIT for this end, and to blesse
our desires and proceedings with such successe, as may be deliverance
and safety to his people, and encouragement to other Christian
churches, groaning under, or in danger of, the yoke of anti-christian
tyrannie, to joyn in the same or like association and covenant, to the
glory of GOD, the enlargement of the kingdome of JESUS CHRIST, and the
peace and tranquillity of Christian kingdomes and commonwealths.

       *       *       *       *       *

July 15, 1644.

_Act anent the Ratification of the calling of the Convention,
Ratification of the League and Covenant, Articles of Treatie betwixt
the Kingdomes of Scotland and England, and remanent Acts of the
Convention of Estates, and Committee thereof._[302]

The Estates of Parliament, presently conveened by vertue of the last
Act of the last Parliament, holden by his Majestie, and the three
Estates, in _anno 1641_, Considering, that the Lords of his Majesties
Privie Councel, and Commissioners for conserving the articles of the
treatie, having, according to their interests and trust committed
to them by his Majestie and Estates of Parliament, used all meanes,
by supplications, remonstrances, and sending of Commissioners,
for securing the peace of this kingdome, and removing the unhappy
distractions betwixt his Majestie and his subjects in England, in
such a way as might serve most for his Majesties honour, and good of
both kingdomes; and their humble and dutifull endeavours for so good
ends having proven ineffectuall, and their offer of mediation and
intercession being refused by his Majestie; and thereby finding the
weight and difficultie of affaires, and the charge lying on them to
be greater then they could beare; did therefore, in the moneth of May
1643, meet together with the Commissioners for the common burdens,
that, by joynt advice, some resolution might be tane therein; and
in respect of the danger imminent to the true Protestant religion,
his Majesties honour, and peace of thir kingdomes, by the multitude
of Papists and their adherents in armes in England and Ireland, and
of many other publick and important affaires, which could not admit
delay, and did require the advice of the representative body of the
kingdome; appointed and caused indict a meeting of the Convention of
Estates (his Majesty having formerly refused their humble desires
for a Parliament) to be upon the 22d of June following; which diet
being frequently kept by the Noblemen, Commissioners of shires and
burrowes, and they finding these dangers against this kirk and state
still increasing, Resolved, after serious deliberation and advice of
the Generall Assembly, and joynt concurrence of the Commissioners
authorized by the Parliament of England, that one of the chiefest
remedies for preventing of these and the like dangers, for preservation
of religion, and both kingdomes from ruine and destruction, and for
procuring of peace, That both kingdoms should, for these ends, enter
into Covenant; which was accordingly drawne up, and cheerfully embraced
and allowed. Whereat the opposite and malignant party, more enraging
then before, did gather their strength and power against the same, so
as the Estates were necessitate to put this kingdome into a posture
of defence; and for this purpose, appointed Colonels and Committees
of Warre in the severall shires for exercising the forces therein,
and putting them in readinesse for mutuall defence, in this cause
of Religion, his Majesties honour, and peace of his kingdomes, as
they should be required by the Estates, or their Committee who were
entrusted with the charge of the publicke effaires of the kingdome
during the not sitting of the Estates. And at last a treatie was agreed
unto by both kingdomes, concerning the said Covenant, and assistance
craved from this kingdome by the kingdome of England, in pursuance
of the ends expressed therein, and another Treatie for settling a
Garrison in and securing of the Town of Berwick, as the same more
fully proports, conforme whereunto orders were issued forth, and an
Armie raised out of the shires and burrowes of this kingdome and sent
unto England. And the Estates finding themselves bound in dutie and
conscience to provide all means of supply of that Army, and relieving
the Scots Army in Ireland, did resolve that the same should be by
way of Excise, as the most constant, just, and equall way, least
prejudiciall to the kingdome, and most beneficiall to the cause in
hand, and ordained certaine rates and summes to be raised off the
commodities contained in the Act made thereanent, and schedule there
unto annexed; and in respect of the necessitie of present money, and
that the Excise could not be gotten timously in for supply of the army,
did appoint that all persons within this kingdome who had moneys, or by
their credit could raise and advance the same, should lend such summes
to the Estates or their Committee as they should be required, upon
assurance of repayment from the publick in manner contained in the Acts
made thereanent; and gave orders to their Committee to see them put in
execution, who have accordingly beene carefull in discharge of that
trust committed to them:—And the Estates being still desirous to use
all good meanes, that, without the effusion of more bloud, there may
be such a blessed pacification betwixt his Majestie and his subjects,
as may tend to the good of religion, his Majestie’s true honour and
safety, and happinesse of his people, did therefore give commission to
John Earle of Loudoun, Lord Chancellor, Lord Maitland, Lord Waristoun,
and Mr Robert Barclay, to repaire to England, and endeavour the
effectuating of these ends contained in the covenant and treaties,
conforme to their instructions. And, in this interim, the Estates being
informed of the traiterous attempts of some unnaturall countreymen,
who, in ane hostile manner, invaded this kingdome toward the south,
and had their complices in armes in the north, all for ane designe,
of subverting the religion, lawes, and liberties of the kingdome, were
necessitate, for suppresing thereof, to direct an army to the south,
under the command of the Earle of Calender, and a Committee of the
Estates to be assisting to them; another armie to the north, under the
command of the Marquesse of Argyle, and a Committee to goe along with
him.

And the said Estates having taken the proceedings above written
to their consideration, do finde and declare, That the Lords of
Councell, and conservers of peace, did behave themselves as faithfull
counsellors, loyall subjects, and good patriots, in tendring their
humble endeavours for removing the distractions betwixt his Majestie
and his subjects, and in calling the Commissioners for the common
burdens, and, by joynt advice, appointing the late meeting of
Convention, wherein they have approven themselves answerable to the
dutie of their places, and that trust committed to them; and therefore
ratifies and approves their whole proceedings therein, and declares the
said Convention was lawfully called, and als full and free in itselfe,
consisting of all the members thereof, as any Convention hath beene
at any time bygone; and ratifies and approves the severall Acts made
by them, or their committee, for enjoining the Covenant, appointing
of Committees, putting the kingdome in a posture of Defence, allowing
the Treaties, raising of Armies, and sending them into England,
establishing the Excise and borrowing of money, and all other Acts,
Decreets, Sentences, Precepts, Warrants, Commissions, Instructions,
Declarations, and other Deeds done by them. And also, the said Estates
of Parliament (but prejudice of the premisses, and of the generall
ratification above mentioned) ratifies, approves, and confirms the
foresaid mutuall League and Covenant, concerning the reformation and
defence of religion, the honour and happinesse of the King, and the
peace and safety of the three kingdomes of Scotland, England, and
Ireland; together with the acts of the Kirk and Estate authorizing the
same League and Covenant; together also with the foresaid articles of
treaty agreed upon betwixt the said Commissioners of the Convention
of Estates of Scotland and the Commissioners of both the Houses
of Parliament of England, concerning the said Solemne League and
Covenant, and the settling of the Towne and garrison of Berwick with
the foresaids Acts establishing the Excise and borrowing of moneyes,
respective above mentioned. And the said Estates ordaines the same
Acts, with the League and Covenant above specified, acts authorizing
the same, and the articles of treaty foresaid, to have the full force
and strength of perfect lawes and acts of Parliament, and to be
observed by all his Majesties lieges, conform to the tenors thereof
respective. Of the which League and Covenant, Acts authorizing the
same, Treaties above written, and Acts for establishing the Excise, and
for borrowing of money, the tenors follow: [As above.]

       *       *       *       *       *

2. _Principal Baillie’s Journal of the General Assembly 1643, in a
Letter to the Rev. William Spang, September 22, 1643._[303]

  REVEREND AND DEAR COUSIN,

It is marvelled, that your Prince is pleased so long to do nothing,
but once in a year to take a look on the enemy’s country, and return
without any attempt. But that which touches our heart to the quick, is
the lamentable case of England. The great weakening of Essex’s army by
sickness and runaways, left brave Waller to be overmastered and routed
by the Cavaliers, so amused Bristol, that either through treachery or
cowardice, that great and most considerable city was delivered. This
was a terrible stroke to the parliament, that Essex, with the relicks
of his army, remain in and about the city. The country for the most
seems to be abandoned. We know what may hinder the King to come near.
It seems that Manchester and Waller, with their new army of citizens,
will fight, if the Cavaliers come to assault or beleaguer the city.
Their mistrusts and slowness have undone them, if God work not wonders.
The few Lords that made their upper house have been their wrack, when
Northumberland and Sey have given them cause of jealousy in whom they
could confide. For the present the parliament-side is running down
the brae. They would never, in earnest, call for help till they were
irrecoverable; now, when all is desperate, they cry aloud for help: and
how willing we are to redeem them with our lives, you shall hear.

August 1st. Being advertised by my Lord Wariston to be in town some
time before the synod, for advisements, Mr David Dick and I came in on
Tuesday August 1st; where some few of us meeting in Wariston’s chamber,
advised whom to have on committees for bills, reports, and other
things. Our greatest consultation was for the moderator. We foresaw
great business was in hand: strangers were to be present: minds of
my brethren were exasperated. Mr Henderson was the only man meet for
the time: yet it was small credit to us, who so oft were necessitated
to employ one man: besides, the moderation would divert him from
penning such writs as seemed he behoved to pen before the assembly
rose. We were inclined, therefore, that Mr R. Blair should moderate;
but by God’s good providence, both to him and to us, he being visited
with a flux and gravel, was not able for some days to come from St
Andrew’s: therefore necessity drove us to resolve on Mr Alexander;
so much the more, as we found that very day his Majesty’s commission
was unexpectedly thrust on the Advocate. It seems the commission from
Oxford hath come to the Secretary, Lanerk, blank, to be filled with
whose name he and some others thought expedient. Sometimes Lindsay,
sometimes Glencairn, were spoken of; but both finding the impossibility
to execute the instructions to the King and country’s good liking,
refused the charge; and put in, beside his knowledge, and contrary to
his mind, the Advocate’s name: of whom they had small care, whether he
lost himself or not. The instructions were thought to be very hard; yet
the Advocate did not execute, nor name any of them to count of; for he
was so wise, and so well dealt with by his two sons, that he resolved
to say nothing to the church or country’s prejudice.

On Wednesday, August 2d, was a solemn fast for the members of the
assembly. Mr Douglas preached before noon, and Mr Henderson after,
both very satisfactorily. That same day we had our first session, in
a little room off the east church, which is very handsomely dressed
for our assemblies in all time coming when we shall have them there,
The commissions were given in: some small burghes had none: far-off
presbyteries had but one. His Majesty’s commission was read in the
the ordinary tenor. Our clerk made the ordinary exception against
the clause of the assembly’s translation with the Commissioner’s
advice. His Grace offered to get that clause so qualified as hereafter
the commission might pass without exception. This at divers times
he offered; but want of leisure, or something else, hindered the
performance. As the custom is, the moderator gave the leet of one whom
he intended, and other three, Mr William Jamison, Mr Robert Murray, and
me, whom he knew would not come in balance with Mr Henderson. When we
were removed, much din was made for addition to the leet; for divers
who knew not the secret, and considered not the necessity of the times,
intended to have had Mr James Bonner, or Mr David Lindsay, moderator;
neither whereof had been meet. To prevent their design, the leet was
framed as you hear; and when they pressed addition, it was voiced, and
carried, that notwithstanding of the assembly’s liberty to add, yet at
that time it was not expedient to make any addition, so unanimously Mr
Henderson was declared moderator. The King’s letter to the assembly
was read. The matter was very fair; remembering us of our obligations
to him, in conscience, and for the great benefits we had received;
and exhorting us to the study of peace; but the inscription was most
strange and base, “To our trusty and well-beloved Sir Thomas Hope of
Craighall, and the rest conveened with him in the general assembly,”
or such words. Notwithstanding, his Grace shewed us, that he had
warrant to declare, in his Majesty’s name, that beside all the benefits
already granted, he was willing to do all further what the assembly
conceived necessary for the benefit of religion. Argyle desired that
this might be put in writ: but presently his Grace began to eat it in:
yet promised to give in to-morrow, under his hand: but when it came, it
was clogged with prejudicial limitations, that we requested it might
be taken back, and no more memory to be of any such offer. There were
a great number of noblemen members of the assembly, the Chancellor
for Irvine; yet being debated in council, that the Chancellor behoved
to carry the purse with the commission, where-ever he appeared with
the Great Commissioner, he thought it not expedient to accept the
commission; wherefore Eglinton was put in the commission of Irvine, by
the commissioners of the presbytery there present. None of the noblemen
attended the Commissioner: at once the great commission will become
vile. They sat at our table constantly before noon; for afternoon
they behoved to keep with the states, Argyle, Sutherland, Marischal,
Eglinton, Cassils, Lauderdale, Dumfermling, Dalhousie, Buccleugh,
Queensberry, Didup, Angus, Balmerino, Maitland, Coupar, Lindsay,
Balcarras, Sinclair, Elcho, and others.

Thursday, August 3d, a commission was received from the presbytery of
the Irish army. A committee was appointed to cognosce and report, anent
the manifold and most weighty proceedings of the commissioners from the
last assembly; another for bills; a third for reports and appeals; a
fourth for examination of the provincial synod books: all which were
produced and esteemed one of the chiefest and most proper tasks of
the general assembly. All the active spirits, and most considerable
men, were distribute among these committees. I had still the favour
to be in the privy committee of the moderator’s assessors, with Mr
Robert Douglas, Mr D. Dickson, Mr S. Rutherford, Mr Gillespie, who
albeit not a commissioner, yet I found always much respected by Mr
Henderson; but Mr A. Ramsay, and the rest, Mr J. Adamson, Mr W. Colvil,
Mr J. Sharp, miskent: for myself, I did keep in this assembly, and the
former, silence, so far as I might, both in private and publick; for
the longer I live, bold and pert loquacity I like it the worse. The
visitation of the university of St Andrew’s was reported; but the work
not being perfected it was continued. Much time spent in disputation,
if the parliament’s commission should not be enervated by any addition
to their commissioners. Always Argyle undertook, the convention of
estates and parliament would well allow of any the assembly should add,
to get a ready quorum: of purpose time was spent; for we did greatly
long for the English commissioners, of whose coming we were well near
out of hope, many thinking their stay to be from the Lords denying
them a commission, and some from their policy, to make us do, of our
own selves, without their desire, what they would be at. All bills
were ordained to be given in against Wednesday next. A regret from
the north, that there was no execution of laws against excommunicate
Papists, was referred to the convention of estates. There were four
appointed to nominate preachers during the assembly. It was their good
luck to employ few of the best, the most able not being the most ready.

Friday the 4th, much was spoken for the apprehension of excommunicate
Papists. The act of parliament provides it to be on the King’s charges.
A committee was appointed to try the disobedience of Auchterarder
presbytery: upon Mr John Hume’s refusal to be one, as being party,
because one of the commission who was wronged, it was debated and
resolved, that since the commission might have themselves censured
all the disobedients, none of them might be counted parties. Wo had
an idle and needless question that day resolved. In the time of my
absence, Mr D. Dickson and I were chosen commissioners from the
presbytery of Glasgow to the general assembly; so it was like to
fall on the principal for the university. Divers bygone years he had
avowed, and half protested, that the presbytery should not have power
to chuse any member of the university. By this means he was assured
never to go commissioner but from the university, and so never on his
own charges. This we envied not; but we saw the consequent was, that
Mr D. Dickson and I, while we lived, should never more be members of
the general assembly but by his good pleasure; which we took for an
intolerable incroaching on our ministerial liberties. Of this design we
were so much the more confirmed, as, in the next college meeting, he
caused elect me commissioner for the university, miskenning the prior
election of the presbytery as null. While I peremptorily refused the
university’s commission, and did in private deal he might be pleased
either to take it himself, or permit it to fall on our vice-chancellor
Mr Zachary, both he refused, and resolved upon a course which was the
greatest despite he was able to do us in a matter of that kind. Mr
David being long grieved, that, by the backwardness of the principal,
and others, he could not get his office of dean of faculty execute as
he desired, did peremptorily, once or twice, lay down that charge: yet
all requested him to keep it, and would chuse no other. Mr R. Ramsay
and I, foreseeing the appearance of Mr Edward’s putting in that place,
if he continued in his wilfulness, had moved him to be content to
continue for one year. This much in effect we made him signify in the
university meeting. For all this, such was the principal’s pleasure,
that he will have a new dean of faculty chosen; and, passing by Mr
R. R. gets Mr Edward Wright elected, first dean of faculty, then
commissioner. This I took for a dispiteful affront; and so avowed, that
by a new visitation we would essay to have our university otherwise
ruled; for we thought strange, that the principal, at thir times,
should essay to have places filled with men who notoriously were not
only at his own devotion, such as vice-chancellor and dean of faculty,
but also otherwise minded in the publick affairs than we did wish;
such as the Marquis of Hamilton, Chancellor; the Commissar, Rector;
and his three assessors, Mr John Hay, Mr W. Wilkie, Mr G. Forsyth,
three regents; Mr D. Monro, Mr D. Forsyth, Mr W. Semple, master of
the grammar; all of his own creation, to be employed for any thing
he pleased. We did storm at this, and I most. Easily we might help
all these: but I dare not essay it; for it would be sundry of their
undoing, from which my mind in cold blood does abhor on any, but
especially on these men, my dear friends, and otherwise some of them
well deserving of their places. So, as before I did truly, by myself
and others, at the assembly at Glasgow, see to Dr Strang’s safety,
when his place was in great hazard by his great provocations, the
subscribing the petition against ruling elders, ending in a real
protestation; the subscribing of the covenant with very dangerous
limitations; the deserting of the assembly itself, after some days
sitting as commissioner; All these three being imputed to him as the
only author, did create much wrath in our nobles against him, which
yet is not forgot. My fears that the least complaint against him would
bring on him a censure which I would not be able to moderate, forced
me to be quiet; only I made the moderator propone in general, whether
university-men might be chosen commissioners by presbyteries? This
being affirmed by all, put his needless quarrel out of question. Also
I got the commission for visitation renewed with such men as I thought
fittest. This I intend for a wand to threat, but to strike no man, if
they will be pleased to live in any peaceable quietness, as it fears
me, their disaffection to the country’s cause will not permit some of
them to do.

Saturday, the 5th, your business came in. I confess we needed not,
neither Mr G. Gillespie nor I, solicit any in it: the moderator was of
himself so careful of it, both for his regard to you, and the matter
itself; as also to take that occasion by the top to banish altogether
church-burial from among us, as well of noble as ignoble persons.
This day your letter and informations were read, but delayed to be
considered for divers days thereafter; always at last unanimously you
had all you desired clearly determined.

Upon the regret of the extraordinary multiplying of witches, above
thirty being burnt in Fife in a few months, a committee was appointed
to think on that sin, the way to search and cure it. The Scots of
Ireland did petition for supply of ministers, and were well heard.
Sir John Scot’s bill, for pressing presbyteries to describe their own
bounds, was not so much regarded,

Sunday, the 6th, Mr David Dick preached well, as always, in the New
Church before noon, but little of the present affairs; for as yet men
knew not what to say, the English commissioners not being yet come.

But on Monday, the 7th, after we were ashamed with waiting, at last
they landed at Leith. The Lords went, and conveyed them up in coach.
We were exhorted to be more grave than ordinary; and so indeed all
was carried to the end with much more awe and gravity than usual. Mr
Henderson did moderate with some little austere severity, as it was
necessary, and became his person well. That day, one Abercrombie being
delate of clear murder, was ordained to be excommunicate summarily. He
had been in process for adultery. The Presbytery of Garioch, for fear
of the roan, had been too slack in it; so the man killed, in a drunken
plea, his wife’s son, who had married his own daughter. The synod of
Aberdeen was directed to censure the presbytery of Garioch for their
unhappy slackness, and the moderator of the presbytery was ordained,
immediately on his departure from the assembly, to go to the murderer’s
parish-church, and without any citation, or any delay, the fact being
notour, and the person fugitate, to excommunicate him, and to cause
intimate the censure the Sabbath following in all the churches of the
presbytery, not to be relaxed till he gave satisfaction also for the
slander of adultery.

Tuesday 8th, Wednesday 9th, and Thursday 10th, the moderator shewed,
that two of the English ministers had been at him, requiring to
know the most convenient way of their commissioners address to the
synod. It was thought meet to send some of our number, ministers and
elders, to salute and welcome them. Mr R. Douglas, Mr G. Gillespie,
my Lord Maitland, and I, were named; therefore we resolved, their own
order of address whereby they admitted our commissioners to their
parliament, should be fittest; that their access to the assembly,
as private spectators, should be when they would; for which end a
place, commodious, above in a gallery, was appointed for them; but as
commissioners, their access should not be immediately to the assembly,
but to some deputed to wait on them, who should report from them to
the assembly, and from it to them, what was needful. So to us four
were joined other four, with the moderator, Mr D. Dickson, Mr S.
Rutherford, my Lord Angus, and Wariston, a committee of nine. The
convention of estates used the same way of communication with them,
naming for a committee, Lindsay, Balmerino, Wariston, Humbie, Sir
John Smith, Mr Robert Barclay. When we met, four gentlemen appeared,
Sir William Armin, Sir Henry Vane younger, one of the gravest and
ablest of that nation, Mr Halcher, and Mr Darley, with two ministers,
Mr Marshall and Mr Nye. They presented to us a paper introduction,
drawn by Mr Marshall, a notable man, and Sir Harry, the drawers of all
their writs; also their commission from both Houses of Parliament,
giving very ample power to the Earl of Rutland, Lord Gray, and these
four, to treat with us, and to the two ministers, to assist in all
ecclesiastick affairs, according to their instructions given or to be
given, or to any four of them; also they presented a declaration of
both houses to our general assembly, shewing their care of reforming
religion, their desire of some from our assembly to join with their
divines for that end, and withal our assembly’s dealing, according to
their place, for help from our state to them; likewise a letter from
their assembly to them, subscribed by their prolocutor Dr Twisse, and
his two assessors, Mr Whyte and Dr Burgess, shewing their permission
from the parliament to write to us, and their invitation of some of us
to come for their assistance; further, a letter, subscribed by above
seventy of their divines, supplicating, in a most deplorable style,
help from us in their present most desperate condition. All these
pieces, I think, you shall have in print. Few words did pass among
us. All these were presented by us to the assembly, and read openly.
The letter of the private divines was so lamentable, that it drew
tears from many. It was appointed, that the forenamed committee should
make ready the answers for all, to be presented to the assembly with
all convenient speed. Above all, diligence was urged; for the report
was going already of the loss of Bristol, from which they feared his
Majesty might march for London, and carry it. For all this, we were not
willing to precipitate a business of such consequence. Our state had
sent up Mr Meldrum; we expected him daily, with certain information,
as indeed he came within a few days; and then we made all the haste we
might. There was in the moderator’s chamber a meeting sundry times of
the prime nobles, and some others, where I oftentimes was present. I
found, however, all thought it necessar to assist the English; yet of
the way there was much difference of opinions. One night all were bent
to go as ridders, and friends to both, without siding altogether with
the parliament. This was made so plausible, that my mind was with the
rest for it; but Wariston has alone shewed the vanity of that motion,
and the impossibility of it. In our committees also we had hard enough
debates. The English were for a civil league, we for a religious
covenant. When they were brought to us in this, and Mr Henderson had
given them a draught of a covenant, we were not like to agree on the
frame; they were, more than we could assent to, for keeping of a door
open in England to Independency. Against this we were peremptor. At
last some two or three in private accorded to that draught, which all
our three committees, from our states, from our assembly, and the
parliament of England, did unanimously assent to. From that meeting it
came immediately to our assembly; in the which, at the first reading,
being well prefaced with Mr Henderson’s most grave oration, it was
received with the greatest applause that ever I saw any thing, with
so hearty affections, expressed in the tears of pity and joy by very
many grave, wise, and old men. It was read distinctly the second time
by the moderator. The minds of the most part was speired, both of
ministers and elders; where, in a long hour’s space, every man, as
he was by the Moderator named, did express his sense as he was able.
After all considerable men were heard, the catalogue was read, and
all unanimously did assent. In the afternoon, with the same cordial
unanimity, it did pass the convention of estates. This seems to be a
new period and crisis of the most great affair which these hundred
years has exercised thir dominions. What shall follow from this new
principle, you shall hear as time shall discover.

The committee for revising the acts of the commissioners of the last
assembly, took up the most of Tuesday, Wednesday, and Thursday, with
their report. All was approven; Maitland for his happy diligence
thanked; so likewise Argyle, and Birkenbog, for their apprehending of
two priests. Every presbytery, university, and parish, were ordained
to get a covenant, to be subscribed by all their members. We were
fashed with two questions. My Lord Balvaird bad deserted his ministry,
and came in the convention of estates to voice as a Lord. A minister
in the south had purchased a lairdship, and, as a laird, had come to
the meeting of the shire, and voiced for chusing a commissioner to
the convention. Both of them were furtherers of the Balvaird way.
After much reasoning, we determined, that both did wrong; that Lord
Balvaird should keep his ministry, and give over voicing in parliament,
under pain of deposition, and further censure; that the other should
no more sit nor voice in any court. A thorny business came in, which
the moderator, by great wisdom, got cannily convoyed. The brethren
of Stirling and Perth had made great outcries, that the commission
had authorised the clerk, in printing the assembly-acts, to omit two
acts of Aberdeen, one anent the Sabbath, another about novations.
In both these satisfaction was given: That our bounding the Sabbath
from midnight to midnight might offend some neighbouring kirks: As
for the other act, about novations, it was expressed also clearly in
the printed acts of the posterior assembly, to be made use of by
all who had occasion. These things were so well delivered, that all
were quieted. Mr Harry Guthrie made no din. His letter was a wand
above his head to discipline him, if he should mute. The presbytery
of Auchterarder was under the rod, to be made an example to all who
would be turbulent. After long examination of their business, at last
they were laureat. Some two or three of that presbytery, when many of
the gentry who were not elders, were permitted to sit among them, and
reason against the warning and declaration; and when Ardoch presented
reasons in writ against these pieces; yet they who were proven to have
been forward for the present reading of these pieces, were commended.
Others who, notwithstanding of the presbytery’s conclusion, of not
reading, yet did read, were, for voicing the continuation, gently
rebuked. Others who at last caused read parts of them, and Mr James
Row, who caused read them before himself came in, were sharply rebuked,
and their names delate from among the members of this assembly. Mr
John Graham, who now the second time had spoken scandalous speeches of
the commission, was made to confess his fault in face of the assembly
on his knees, and suspended till the next provincial. Ardoch, an old
reverend gentlemen, for his former zeal, was spared; only was urged
upon oath to reveal the persons from whom he had the reasons contrare
to the warning. Mr Harry Guthrie of Angus, a suspected person, for not
by name expressing of the malignants in a sermon at the provincial,
was made on his knees to crave pardon, and promise amendment. Mr
Andrew Logie, who lately had been reposed to his ministry, being cited
to answer many slanderous speeches in pulpit, not compearing, but by
an idle letter to the moderator, was deposed, without return to that
church for ever. Dr Forbes, whose sentence of deposition at Aberdeen I
had got to be suspended till the presbytery of Edinburgh had essayed
to gain him to our covenant; they, when they found no hope, pronounced
the sentence. This he thought unjust, and moved in the provincial of
Aberdeen, that they would try in this assembly if he might be permitted
to bruik his place, though he could not subscribe our covenant. It was
determined his deposition was valid from the beginning, and that he,
and all other, should either subscribe, or be farther processed. It was
complained, that Huntly received sundry excommunicated Papists in his
service; that he had no worship in his family; that these seventeen
years he had not communicate, but once with the excommunicate Bishop of
Aberdeen. Of these he was ordained to be admonished by his presbytery.
Hereof he was quickly advertised; so that, ere we arose, he sent to
us, under the hand of some neighbour-ministers, a testification of
his good carriage. But the former information being verified, the
attesting ministers were ordained to be rebuked. Sir John Seaton of
Barns, after a fair excuse of his Irish oath, was ordained to be
conferred with for subscribing our covenant within a certain time; and
upon his disobedience, to be processed, and have his daughter removed.
Mr Robert Dogliesh was elected church-treasurer, for the debursing of
the £500 Sterling as the commissioners of the church should appoint.
The commissioners who went to Ireland were thanked; Mr Jo. Maclelland,
for not going, called to answer: his health excused him. The same
reason excused the visitors of Orkney for their omission. Others were
appointed to go this year to both places.

Friday was the first day of the English appearing in our assembly. Your
affair spent the most of that day. For the general, sundry noblemen,
especially Eglinton, were not content to be excluded from the burial
of their fathers in the church; yet their respect to the presence
of strangers, and Argyle’s shewing his burying of his father in the
church-yard, and offering himself to be laid any where when he was
dead, rather than to trouble the church when he was living, made them
in silence let the act go against them. Much din was for the erecting
a new presbytery at Biggar. The conveniency, to ease some twelve or
thirteen churches at Lanerk and Peebles, with the leaving of moe than
thirteen to every one of the old presbytery-seats, did carry it; but
because of my Lord Fleming’s small affection to the common cause, the
execution of this decree was appointed to be suspended during the
assembly’s pleasure.

Sunday I was obliged to preach before noon in the New Church. I had
prevailed with the committee to put me in another place, for I much
misliked to be heard there; but the moderator with his own hand
did place me there, so there was no remeid; for who spoke against
conclusions, got usually so sickerly on the fingers, that they had
better been silent. God helped me graciously on Psalm 51. “Do good in
thy good pleasure to Zion, build up the walls of Jerusalem.” Many were
better pleased than I wished; for I am like to be troubled with the
town of Edinburgh’s too good liking, as ye will hear.

14th. Execution of the acts against excommunicate Papists, and others,
with whose estate no man would or durst meddle, was recommended to the
estates. Ministers deposed by general assemblies not to be restored
by provincial synods or presbyteries. Roger Lindsay, cited for
blasphemy, and other faults, not compearing, ordained to be summarily
excommunicate, and the states to be dealt with for further punishment
against him. Mr Fairlie’s, late Bishop of Argyle, long plea decided.
His scholar, my Lord Register, had presented him to Largo at the
commissioners of the general assembly’s desire. The people would not
hear of him. The presbytery of St Andrew’s joined with the people. They
were not cited; so the assembly could not judge, but behoved to commit
it to the presbytery. The man hath long been in extreme misery. He was
sure his remitting to the presbytery was the loss of the cause, and his
assured loss of all churches in the land, for no appearance that any
people would ever accept of him. Many tears shed he before us. Vehement
was Durie for him; but there was no remeid; parishes and presbyteries
might not be wronged. In all the assembly great care was had, not only
that nothing should come _per saltum_, but all particulars decidable
in presbyteries and provincials, should be remitted, with a reproof of
them, for sending to the assembly these things which they themselves
could more easily, and often better determine. We are like to be
troubled with the question of patronages. William Rigg had procured a
sharp petition to us from the whole commissioners of shires and burghs
against the intrusion of ministers on parishes against their minds.
Divers noblemen, patrons, took this ill. We knew not how to guide it;
at last, because of the time, as all other things of great difficulty,
we got it suppressed. Only when something about presentations came in
publick, good Argyle desired us, in all our presbyteries, to advise on
the best way of admitting of intrants, which the next general assembly
might cognosce on and conclude. He promised many, and trusted all,
patrons should acquiesce to the order. This pleased all.

15th. In our privy meetings we had many debates anent the troublesome
evil of novations. All the noblemen, especially Lauderdale, were much
displeased with the favourers of them; yet they were countenanced more
by some than was pleasing to all. Mr John Livingstone and Mr John
Maclelland were put on the chief committees, and other employments.
From the presbyteries of the synod of Glasgow, none of them were sent
commissioners, by the providence of some there; yet most of them came
to the town. Being called to the moderator’s chamber, Mr J. Maclelland,
and Mr John Nevo, most did propone their reasons for their judgment.
Mr S. Rutherford, and Mr D. Dick did answer. All heard with disdain.
Mr J. Nevo’s reasons were against the Lord’s prayer. After an hour’s
jangling, we left it nothing better. I found many inclined, especially
Mr S. R. though he professed it duty to answer satisfactorily all their
arguments, for peace sake to pass from the use of the conclusion, and
bowing in the pulpit, especially if we agree with England: however, we
agreed to draw up some act, for satisfying in some measure all. Mr H.
Guthrie, and the brethren in the north, were so overawed, that they
were very quiet; and being sent for, professed their contentment, for
the necessity of the time, to be content of any thing: but Mr G. Young,
Mr John Bell, and others of the west, were not so soon satisfied;
but threatened, on all hazards, to make much din, if something were
not really done for marring the progress of that ill. Mr Henderson
communicated to me the act he had drawn. I told him my mislike of some
parts of it, as putting in too great an equality the novators and their
opposites; also my opinion that the directory might serve for many good
ends, but no ways for suppressing, but much increasing, the ill of
novations. However, I assured I would make no din, but submit to him,
who was much wiser than I. These my thoughts I would not communicate
to others; so the brethren opposing most the novations being sent for,
when they heard the act, were well pleased with it, whereof I was glad.
This act did pass unanimously with all Mr Henderson, Mr Calderwood,
and Mr Dickson, were voiced to draw with diligence that directory,
wherein I wish them much better success than I expect; yet in this I
am comforted, that in none of our brethren who are taken with these
conceits, appear as yet the least inclination to Independency; and in
these their different practices they become less violent, and more
modest. Mr Ja. Bonner had not got such satisfaction as need were. For
his full contentment, be got a committee to sit at Ayr for the further
trial and censure of all who had interest in that riot.

Wednesday, 16th, a report was made by the clerk of the committee
for visiting the books of the provincial synods. It was found,
that the books of Argyle and Orkney were most accurate and formal.
Sundry questions were resolved. The order of visitation of churches,
presbyteries, and provincial synods, drawn up by Mr Calderwood, were
read. They were tediously long, but many of them very useful; so they
were referred, to be revised against the next assembly, to these
brethren who were appointed for the directory.

Thursday, the 17th, was our joyful day of passing the English covenant.
The King’s Commissioner made some opposition; and when it was so
past, as I wrote before, gave in a writ, wherein he, as the King’s
Commissioner, (having prefaced his personal hearty consent,) did assent
to it, so far as concerned the religion and liberties of our church;
but so far as it concerned the parliament of England, with whom his
Majesty, for the present, was at odds, he did not assent to it. The
moderator and Argyle did so always overawe his Grace, that he made us
not great trouble.

Friday, the 18th, a committee of eight were appointed for London,
whereof any three were a quorum. Mr Henderson, Mr Douglas, Rutherford,
Gillespie, I, Maitland, Cassils, Wariston. The magistrates of Edinburgh
obtained a warrant to the commissioners of the general assembly,
to plant their churches with three, dispensing with the overture
of the last assembly anent the order of transportation, that they
should not need to appear before presbyteries and synods, but at
this time the commission should have power quickly to plant them.
This dispensation with the act only of order, they intend to make a
catholick dispensation with all acts of all assemblies, as if a free
patent were given to take any they will in all the land. So they
have elected Mr Ja. Hamilton in Dumfries, of whom they have got two
_Nolumus_ already from the general assembly; Mr Jo. Oswald of Aberdeen,
who with so great difficulty was gotten north, and me. By my pithy and
affectionate letters to Argyle, Wariston, and their bailies, I have got
a supersedere from their present summons, and hopes to be made free
of their cumber; else I will appeal to the assembly, for in truth my
greatest end in coming to Glasgow was to flee their hands.

19th. Our last session was on Saturday. A number of particulars
that day passed. Mr Ja. Houston, a pious and very zealous young
man, minister at Glasford, in the time of his trials, and after his
admission, had fallen in fornication, for which he was deposed by
the presbytery of Hamilton; but being called to serve one of the
Irish regiments, was permitted to preach by the presbytery of Paisly.
Whereupon his old parishioners very instantly did suit his return to
them; while the presbytery of Hamilton refuses, the parish supplicates
the synod; where many being his friends, especially Mr R. Ramsay,
and Mr D. D., he is ordained to be reposed in his old place. The
presbytery appealed. The general assembly found it _bene appellatum_,
and reproved the synod. The great affront fell on Mr David; for in the
synod I had voiced with the presbytery. However, I did my best to keep
it from further hearing; but could not prevail. This day our answers
to the King’s letter, in the parliament of England’s declaration, by
Mr Henderson; to the assembly of divines, by Mr Blair; to the private
letter of corresponding divines, by Mr David Dickson, were publickly
read, and approven, albeit in our privy meeting revised. An ample
commission was drawn to a number of the ablest in the whole land,
whereof twelve ministers and three elders made a quorum. The parliament
meeting in Edinburgh the first Tuesday of June, the next assembly
was appointed to hold in that same place the last Wednesday of May.
The moderator ended with a gracious speech, and sweet prayer. In no
assembly was the grace of God more evident from the beginning to the
end than here; all departed fully satisfied.

20th. On the Sabbath, before noon, in the New Church, we heard Mr
Marshall preach with great contentment. But in the afternoon, in the
Grayfriars, Mr Nye did not please. His voice was clamorous: he touched
neither in prayer nor preaching the common business. He read much
out of his paper book. All his sermon was on the common head of a
spiritual life, wherein he ran out above all our understandings, upon
a knowledge of God as God, without the scriptures, without grace,
without Christ. They say he amended it somewhat the next Sabbath.

21st. On Monday the commission did sit on sundry particulars. But on
Tuesday the only errand it had was to appoint me to go presently to
London. Of this I understood nothing at all; for our quorum being
three, Mr Alexander and my Lord Maitland were undoubtedly two, and the
diet of going being on Saturday following, no man could dream they
would be so unreasonable as to command me, without visiting my family,
and putting my small affairs to some order, so suddenly to go so far
a voyage, having Mr G. Gillespie, who from his own door might put his
foot in the ship when he pleased: notwithstanding, in a meeting of the
nobles and others, on the Monday, from which I had foolishly absented
myself, it was concluded I should go, and that a commission should
sit to-morrow for that end. Of this I got a little inkling on Tuesday
morning; but not believing it, I was not so earnest, as otherwise I
might have been, in soliciting, till near nine o’clock, when I found
the conclusion was real: so I did what I could with so many of the
commission I got betwixt and ten, to deprecate my so sudden departure;
but being desperate of my prevailing, my best friends shewing me the
necessity, I committed the matter to God, with a humble submission.
Never, to my sense, did I find so clear a providence about me. I
offered, in a ten days, to follow in the next ship; but this would
have broken the quorum, and made the other two’s journey unprofitable
till I came. When it came to voicing, Mr Henderson and Maitland being
unanimously chosen, the voices ran just equal, some twenty for me,
and as many for Mr George. I then desired a delay till the afternoon,
when the commission might be more full. This was refused: so it was
voiced over again, and again we were equal. Then it was referred to
the moderator’s choice; who, on his knowledge of my vehement desire
and state of my family, named Mr George, for which I blessed God in my
heart; but he had not well spoken till Liberton came in, who, if he had
come before the word, would have cast the balance for me. But being
freed of that great trouble, incontinent I was like to fall in another.
Edinburgh put in, that in time of our college-vacance, I should be
nominated to stay and supply them. Argyle, who was chief for my going
to London, having burnt me before, would then blow me. He reasoned
stoutly for my going to Glasgow; yet it was determined that in the
time of the vacance, Mr S. Rutherford, Mr D. Dickson, and I, by turns,
should be there; but finding it their aim to entangle me, I have not
been there, nor minds to know them.

After my departure, with joy for my liberation unexpected from a
troublesome if not a dangerous voyage; for besides the sea, it was
feared the King should get London before they could be there; things,
praised be God, went better. The convention of estates emitted a
proclamation, containing the heads of the covenant, and commanding all
within sixty and sixteen, to be in readiness in full arms, with forty
days provision, to march to the rendezvous that the convention or
their committees should appoint. This was the first alarm. The English
commissioners made promise to secure our coast with their shipping,
and providing for our levy, and three months pay, L.100,000 Sterling,
also L.6000 to the Irish army. The year, through their default, was
far spent, and little possibility there was for us to arm so late.
The corns behoved to be first cut: and in this God has been very
gracious: never a better crop, never more early with us. The beginning
of October is like to end our harvest. Also we could not stir till
England did accept and enter in the covenant, and send down money. For
the hastening of these, the great ship, with our three commissioners,
Mr Meldrum, and two of the English, Mr Hatcher and Nye, made sail
on Wednesday, the 30th day, the wind made no sooner; but some eight
days before, the English had dispatched a ketch, with a double of
our covenant, which, when it came, was so well liked at London, that
Friday the 1st of September, being sent to the assembly of divines, it
was there allowed by all, only D. Burgess did doubt for one night. On
Saturday it passed the House of Commons, on Monday the House of Peers.
It seems to have been much facilitate by the flight of these Lords,
who all this time were opposing to their power their junction with us,
and all what might further their cause. After the taking of Bristol,
they grew more bold; and however they could not get the sending of
commissioners to us hindered, yet when they were gone, they put on foot
a new treaty of peace with the King. This proposition past the House of
Peers and Commons both; but the leading men made such a noise in the
city, that the Mayor, on the Monday, with the best of the city-council,
offered a very sharp petition to the contrare, which made, albeit with
great difficulty, that conclusion be renversed till they heard some
answer from us. To remeid this, the malignants stirred a multitude of
women of the meaner and more infamous rank, to come to the door of
both houses, and cry tumultuously for peace on any terms. This tumult
could not be suppressed but by violence, and killing some three or four
women, and hurting more of them, and imprisoning many. Hereupon the
underdealing of some being palpable, before it brake out fully they
stole away; Holland, Bedford, Clare, Conway, Portland, Lovelace, and as
they say, Salisbury and Northumberland. Some deny these two. Good had
it been for the Parliament these had been gone long before. However,
they were very well away at this time; for their absence was a great
further to the passing of our covenant in a legal way. There was, for a
time, horrible fears and confusions in the city; the King every where
being victorious. In the Parliament and city a strong and insolent
party for him. Essex much suspected, at least of non-fiance and
misfortune; his army, through sickness and runaways, brought to 4000
or 5000 men, and these much malecontented that their general and they
should be misprised, and Waller immediately prized. He had lost his
whole army, and occasioned the loss of Bristol. Surely it was a great
act of faith in God, huge courage, and unheard of compassion, that
moved our nation to hazard their own peace, and venture their lives and
all, for to save a people so irrecoverably ruined both in their own and
the world’s eyes. Yet we trust the Lord of heaven will give success
to our honest intentions; as yet all goes right. The city hath taken
good order with itself. Beside the prisons on land, the most tumultuous
they have sent out in two ships, to lie for a while at Gravesend. The
King, thinking, at the first summons, to get Gloucester, and being
refused, in a divine providence, was engaged to lie down before it;
where the unexpected courage, conduct and success of the besieged, has
much weakened the King’s army, and hath so encouraged the Parliament,
that Essex, well refreshed and recruited, is marched with 12,000 foot
and 2000 or 4000 horse towards Gloucester. It seems unavoidable, but
they must fight ere he return. From our commissioners yet we have
heard nothing. We expect this 22nd for Meldrum from them. Upon the
certainty of that covenant’s subscription by any considerable party
there, and the provision of some money, we mind to turn us to God, by
fasting and prayer, and to levy 22,000 foot and 4000 horse. General
Lesly is chosen, and accepted his old charge. It is true he past many
promises to the King, that he would no more fight in his contrare; but,
as he declares, it was with the express and necessary condition, that
religion and the country’s right were not in hazard; as all indifferent
men think now they are in a very evident one. As yet Almond is come no
further than to serve for putting the country in arms for defence at
home; so the lieutenant-general’s place is not as yet filled. Baillie
also is much dependent on Hamilton, who as yet is somewhat ambiguous,
suspected of all, loved of none; but it is like he will be quiet. Dear
Sandie, [Hamilton,] brother to the Earl of Haddington, hath accepted
the general of artillery’s place. Humbie is general commissary. Many of
our nobles are crowners for shires. Mr Walden hath seized on Berwick
for the Parliament, whereupon Crowner Gray makes prey of the town’s
cattle, and Newcastle is sending down men and cannon to besiege it.
Therefore our committee of estates dispatched Sinclair, and his three
troops of new-levied horse, and 600 foot, to assist the securing of it.
So the play is begun: the good Lord give it a happy end.—We had much
need of your prayers. The Lord be with you. Your Cousin,

  ROBERT BAILLIE.

       *       *       *       *       *

3. _Letter to Mr William Spang. November 17, 1643._[304]

  REVEREND AND BELOVED COUSIN,

I hope long ere now you received my long one, September 22d. What since
has passed you shall here have account. Our commissioners came safe
to London, were welcomed in the assembly by three harangues from D.
Twisse, Mr Case, and D. Hoile. Before their coming, the covenant had
passed, with some little alteration. This they took in evil part, that
any letter should be changed without our advice; but having a committee
from both houses, and the assembly, of the most able and best-affected
men, appointed to deal with them in that and all other affairs, we
shortly were satisfied, finding all the alterations to be for the
better. Being all agreed, as the assembly and House of Commons did
swear and subscribe that covenant, the little House of Lords did delay,
for sake of honour, as they said, till they found our nation willing
to swear it as then it was formed. In this we gave great satisfaction;
for so soon as Mr Henderson’s letters came to Mr R. Douglas, he
conveened the commissioners of the church, and the Chancellor, and
the commissioners of the estate, who, after a day’s deliberation,
did heartily approve the alterations, as not materially differing
from the form read in the assembly. So on Friday, in the new church,
after a pertinent sermon of Mr Robert Douglas, the commissioners of
state at one table, the commissioners of the church at another, the
commissioners from the parliament and assembly of England at a third,
did solemnly swear and subscribe, with great joy and many tears. Some
eighteen of our Lords were present that day; and copies were dispatched
to the moderators of all our presbyteries, to come read and expone
that covenant the first Sunday after their receipt, and the Sunday
following to cause swear it by men and women, and all of understanding
in every church of our land, and subscribe by the hand of all men who
could write, and by the clerk of session in name of those who could
not write, with certification of the church-censures, and confiscation
of goods, presently to be inflicted on all refusers. With a marvellous
unanimity was this every where received. A great many averse among
us from this course, who bitterly spoke against our way every where,
and none more than some of our friends; yet in God’s great mercy all
that yet I have heard of have taken this oath. Sundry things did much
contribute to the running of it. It was drawn with such circumspection,
that little scruple from any airth could be to any equitable. For the
matter, the authority of a general assembly and convention of estates
were great; the penalties set down in print before the covenant, and
read with it, were great; the chief aim of it was for the propagation
of our church-discipline in England and Ireland; the great good and
honour of our nation; also the parliament’s advantage at Gloucester
and Newburry, but most of all the Irish cessation, made the minds of
our people embrace that mean of safety: for when it was seen in print
from Dublin, that in July his Majesty had sent a commission to Ormond,
the judges, and committee there, to treat with these miscreants; that
the dissenting commissioners were cast in prison; that the agreement
was proclaimed, accepting the sum of £300,000 sterling from these
idolatrous butchers, and giving them, over the name of Roman-Catholick
subjects now in arms, a sure peace for a year, with full power to
bring in what men, arms, money they could from all the world, and to
exterminate all who should not agree to that proclamation, we thought
it clear that the Popish party was so far countenanced, as it was
necessary for all Protestants to join more strictly for their safety;
and that so much the more, as ambassadors from France were come both
to England and us, with open threats of hostility from that crown. Our
land now, I hope, in a happy time, hath entered, with fastings and
prayer, in a league with England, without any opposition. His Majesty
lets us alone; partly his distructions elsewhere, and most, as we
think, his experience how bitter proclamations did more than calm us,
only a letter came from him to the council, marvelling that in his name
they had proclaimed an injunction for all to arm, and had entered in a
covenant with his enemies, without his advice. An answer was returned
in justification of both these actions. Hamilton, Roxburgh, Traquair,
and others, had been advising what to do, as yet hitherto they have had
no din, and we trust they shall not be able to make any party. However,
we have laid in Stirling, for all accidents, some three troop of horse.
All the shires are put under their crowners, captains, and commanders
of war; but no men as yet are levied. The English are more unhappy
oft in their delays. Meldrum was sent up with some articles to their
parliament, agreed upon with their commissioners here; but he is not
returned. We know the best of the English have very ill will to employ
our aid, and the smallest hopes they got of subsisting by themselves
makes them less fond of us. The march of Essex to Gloucester; his
raising of that siege; his return to London, with some vantage at
Newburry; Manchester’s taking of Lynn; his clearing of Lincolnshire,
with some prosperous skirmishes there; Newcastle’s repulse from Hull,
puts them in new thoughts; also their bygone great expences of money,
and the great charge which Essex, Waller, Manchester, Warwick, Fairfax,
puts them to daily, makes it hard for them to get such sums of money as
are needful for raising of our army; and most of all, as is surmised,
the underhand dealing of some yet in their parliament, who have no
will, that by our coming in, that business should be ended, lest their
reign should too soon end. However, by lets open and secret, that help
which we were very willing to have given, is not like in haste to be
made need of; only Meldrum writes, that from twenty-eight parishes of
London there is got now some £30,000, with which he is presently to
come down. Mr Hatcher will follow with the rest that can be got. It
is like, when any competent sum comes, that an army shall rise, and
go towards Newcastle. There is lying some £100,000 worth of coals.
It is hoped, albeit it be winter, and the town fortified, yet there
cannot be great opposition; for Manchester and Fairfax, and the people
of Lancashire, coming on the one side, we hope that our army, on the
other, may come the better speed. The Irish cessation perplexes us. Our
army there is very inconsiderable, some 8000 of hunger and cold-beaten
soldiers, if ever were any, no duty at all has been done to them. The
parliament’s wants and negligence, and evil dealing of some, foolishly
and most unjustly jealous of us, has well near starved these soldiers.
If they run away, Ireland is lost; if they stay, they have all the
English and Irish for enemies; yet, if they had money, they would, with
God’s help, keep Ulster against all. For to advise on this, Sir Henry
Vane and Mr Marshall are gone to London; so only Sir William Armine
stays here. If the Scots were away, it is feared that all Ireland
should be ready to go upon England at a call. At last the assembly of
divines have permission to fall on the question of church-government.
What here they will do, I cannot say. Mr Henderson’s hopes are not
great of their conformity to us, before our army be in England.
However, they have called earnestly once and again for Mr Rutherford
and me. The commission has conveened, and sent for us. We are thus far
in our way to go abroad, God willing, one of these days. The weather is
uncertain, the way dangerous, pirates and shoals no scant; yet trusting
on God, we must not stand on any hazard to serve God and our country.
Write none to me till you hear from me where I am. The case of affairs
is lamentable. Not the least appearance of peace. The anger of God
burns like a fire, without relenting. Above 200,000 persons lost their
lives by this war already. The hearts of both parties this day alike
in courage. Besides bygone mischiefs, it is like the next spring, or
before, a flood of strangers will rush in on England. Scots, Irish,
French, Danes, and who not? There appears not any possible remeid,
till God send the overture. How things go abroad, you will write to
me more fully. Our negotiation at the court of France, it seems is
miscarried. Lothian, with nothing done, is returned. He would not be
dissuaded from going to Oxford; where we hear he is laid up, to our
grief and irritation. A little Monsieur, some agent with letters from
the Queen, has offered to our council the renovation of that league,
whereof Lothian was treating; but requires us not to covenant with the
parliament of England, and to annul the acts of our general assembly
against the Papists in our Scottish regiments in France, to cause set
the Earl of Antrim free. He stomachs that he has not a quick answer.
The man seems to be of a small account. He is delayed till Lothian
come. The friendship of the French was never much worth to us, and
now we regard it as little as ever. We shall do them no wrong; but
if they will join against the Protestant cause, we must oppose them.
A pity but your estates should regard more the safety of England, and
of themselves, than hitherto they have done. We had a month ago a
false alarm: it was probably informed, and certainly believed, that
Prince Rupert was on our borders, with 20,000 horse and foot; that his
cannon was at Morpeth; that our banders, then met at Kelso for the Lady
Roxburgh’s burial, were to join with him; that without impediment, they
were to seize Edinburgh. Our council were at the point of putting up
fire-beacons to call all the country to the border; yet some little
time made us find it was but a mistake of some horse and foot of
Colonel Gray’s, to beware of our eruptions from Berwick. As yet no acts
of hostility to count of are past.

       *       *       *       *       *

4. _Excerpts from Principal Baillie’s Account of the Westminster
Assembly, December, 1643._[305]

The like of that assembly I did never see, and, as we hear say, the
like was never in England, nor any where is shortly like to be. They
did sit in Henry VII.’s chapel, in the place of the convocation; but
since the weather grew cold, they did go to Jerusalem chamber, a fair
room in the abbey of Westminster, about the bounds of the college
fore-hall, but wider at the one end nearest the door; and on both
sides are stages of seats, as in the new assembly-house at Edinburgh,
but not so high; for there will be room but for five or six score.
At the upmost end there is a chair set on a frame, a foot from the
earth, for the Mr Prolocutor Dr Twisse. Before it on the ground stands
two chairs for the two Mr Assessors, Dr Burgess and Mr Whyte. Before
these two chairs, through the length of the room, stands a table, at
which sits the two scribes, Mr Byefield and Mr Roborough. The house is
all well hung, and has a good fire, which is some dainties at London.
Foreanent the table, upon the prolocutor’s right hand, there are three
or four ranks of forms. On the lowest we five do sit. Upon the other,
at our backs, the members of parliament deputed to the assembly. On
the forms foreanent us, on the prolocutor’s left hand, going from the
upper end of the house to the chimney, and at the other end of the
house, and backside of the table, till it come about to our seats,
are four or five stages of forms, whereupon their divines sit as they
please; albeit commonly they keep the same place. From the chimney
to the door there are no seats but a void for passage. The Lords of
parliament use to sit on chairs, in that void, about the fire. We meet
every day of the week except Saturday. We sit commonly from nine to
two or three after noon. The prolocutor at the beginning and end has
a short prayer. The man, as the world knows, is very learned in the
questions he has studied, and very good, and beloved of all, and highly
esteemed; but merely bookish, and not much, as it seems, acquaint
with conceived prayer, among the unfittest of all the company for any
action; so after the prayer he sits mute. It was the canny conveyance
of these who guide most matters for their own interest to plant such
a man of purpose in the chair. The one assessor, our good friend Dr
Burgess, a very active and sharp man, supplies, so far as is decent,
the prolocutor’s place; the other, our good friend, Mr Whyte, has kept
in of the gout since our coming. Ordinarily there will be present about
three score of their divines. These are divided in three committees;
in one whereof every man is a member. No man is excluded who pleases
to come to any of the three. Every committee, as the parliament gives
order in writ to take any purpose to consideration, takes a portion,
and in their afternoon meeting prepares matters for the assembly, sets
down their minds in distinct propositions, backs their propositions
with texts of scripture. After the prayer, Mr Byefield the scribe
reads the proposition and scriptures, whereupon the assembly debates
in a most grave and orderly way. No man is called up to speak but who
stands up of his own accord. He speaks so long as he will without
interruption. If two or three stand up at once, then the divines
confusedly call on his name whom they desire to hear first. On whom the
loudest and maniest voices call, he speaks. No man speaks to any but
to the prolocutor. They harangue long and very learnedly. They study
the question well beforehand, and prepare their speeches; but withal
the men are exceeding prompt, and well-spoken. I do marvel at the very
accurate and extemporal replies that many of them usually make. When,
upon every proposition by itself, and on every text of scripture that
is brought to confirm it, every man who will has said his whole mind,
and the replies, and duplies, and triplies, are heard; then the most
part calls to the question. Byefield the scribe rises from the table,
and comes to the prolocutor’s chair, who, from the scribe’s book, reads
the proposition, and says, “As many as are in opinion that the question
is well stated in the proposition, let them say I,” [aye;] when I is
heard, he says, “As many as think otherways say No.” If the difference
of I’s and No’s be clear, as usually it is, then the question is
ordered by the scribes, and they go on to debate the first scripture
alledged for proof of the proposition. If the sound of I and No be
near equal, then says the prolocutor, “As many as say I, stand up;”
while they stand, the scribe and others number them in their minds;
when they are set down, the No’s are bidden stand, and they likewise
are numbered. This way is clear enough, and saves a great deal of
time which we spend in reading our catalogue. When a question is once
ordered, there is no more of that matter; but if a man will deviate, he
is quickly taken up by Mr Assessor, or many others, confusedly crying,
“Speak to order.” No man contradicts another expressly by name, but
most discreetly speaks to the prolocutor, and at most holds on the
general, The Reverend brother who lately or last spoke on this hand,
on that side, above or below. I thought meet once for all to give you
a taste of the outward form of their assembly. They follow the way
of their parliament. Much of their way is good, and worthy of our
imitation; only their longsomeness is woful at this time, when their
church and kingdom lie under a most lamentable anarchy and confusion.
They see the hurt of their length, but cannot get it helped; for being
to establish a new platform of worship and discipline to their nation
for all time to come, they think they cannot be answerable, if solidly,
and at leisure, they do not examine every point thereof.

When our commissioners came up, they were desired to sit as members of
the assembly; but they wisely declined to do so: but since they came
up as commissioners from our national church to treat for uniformity,
they required to be dealt with in that capacity. They were willing,
as private men, to sit in the assembly, and upon occasion to give
their advice in points debated; but for the uniformity, they required
a committee might be appointed from the parliament and assembly
to treat with them thereanent. All these, after some harsh enough
debates, were granted: so once a week, and whiles oftener, there is
a committee of some Lords, Commons, and Divines, which meet with
us anent our commission. To this committee a paper was given in by
our brethren before we came, as an introduction to further treaty.
According to it the assembly did debate, and agree anent the duty of
pastors. At our first coming, we found them in a very sharp debate
anent the office of doctors. The Independent men, whereof there are
some ten or eleven in the synod, many of them very able men, as Thomas
Goodwin, Nye, Burroughs, Bridges, Carter, Caryl, Phillips, Sterry,
were for the divine institution of a doctor in every congregation as
well as a pastor. To these the others were extremely opposite, and
somewhat bitterly, pressing much the simple identity of pastors and
doctors. Mr Henderson travelled betwixt them, and drew on a committee
for accommodation; in the whilk we agreed unanimously upon some six
propositions, wherein the absolute necessity of a doctor in every
congregation, and his divine institution in formal terms, was eschewed;
yet where two ministers can be had in one congregation, the one is
allowed, according to his gift, to apply himself most to teaching, and
the other to exhortation, according to the scriptures.

The next point, whereon we yet stick, is ruling elders. Many a brave
dispute have we had upon them these ten days. I profess my marvelling
at the great learning, quickness, and eloquence, together with the
great courtesy and discretion in speaking of these men. Sundry of the
ablest were flat against the institution of any such officer by divine
right, as Dr Smith, Dr Temple, Mr Gataker, Mr Vines, Mr Price, Mr
Hall, and many moe; besides the Independents, who truly speak much,
and exceedingly well. The most of the synod were in our opinion, and
reasoned bravely for it; such as, Mr Seaman, Mr Walker, Mr Marshall,
Mr Newcoman, Mr Young, Mr Calamay. Sundry times Mr Henderson, Mr
Rutherford, Mr Gillespie, all three, spoke exceeding well. When all
were tired, it came to the question. There was no doubt but we would
have carried it by far most voices; yet because the opposites were
men very considerable, above all gracious and learned little Palmer,
we agreed upon a committee to satisfy, if it were possible, the
dissenters: for this end we met to-day; and I hope, ere all be done, we
shall agree. All of them were willing to admit elders in a prudential
way; but this to us seemed most dangerous and unhappy, and therefore
was most peremptorily rejected. We trust to carry at last, with the
contentment of sundry once opposite, and silence of all, their divine
and scriptural institution. This is a point of high consequence;
and upon no other we expect so great difficulty, except alone on
Independency; wherewith we purpose not to meddle in haste, till it
please God to advance our army, which we expect will much assist our
arguments. However, we are not desperate of some accommodation; for
Goodwin, Boroughs, and Bridges, are men full, as it seems yet, of grace
and modesty; if they shall prove otherwise, the body of the assembly
and parliament, city and country, will disclaim them.

The other day a number of the city and country ministers gave in an
earnest and well-penned supplication to the assembly, regretting the
lamentable confusion of their church under the present anarchy; the
increase of Anabaptists, Antinomians, and other sectaries; the boldness
of some in the city, and about, in gathering separate congregations;
requesting the assembly’s intercession with the parliament for the
redress of those evils; and withal for the erection at London, during
the time of these troubles, of a college for the youth, whose studies
are interrupted at Oxford. This was well taken by the assembly. The
parliament promised their best endeavours for all. John Goodwin,
accused by Mr Walker and D. Homes of Socinianism, and others, are
appointed to be admonished for essaying to gather congregations. The
parliament the other day became sensible of their too long neglect of
writing to the churches abroad of their condition; so it was the matter
of our great committee to draw up letters in name of the assembly for
the Protestant churches. The drawing of them was committed to Palmer,
who yet is upon them. There is a little committee also, which meets in
the assembly house almost every morning, for the trial of expectants;
and when they have heard them preach, and posed them with questions,
they give in to the assembly a certificate of their qualifications:
upon the which they are sent to supply vacant churches, but without
ordination, till some government be erected in their desolate churches.
Plundered ministers are appointed, by order of parliament, to be put
in all vacant places in the city and country, in their obedience, till
they all be provided. Concerning the affairs of the church, I need say
no more at this time.

       *       *       *       *       *

In our assembly, thanks to God, there is great love and union hitherto,
and great appearance of more before long. We have, after many days
debate, agreed, _nemine contradicente_, that beside ministers of
the word, there are other ecclesiastical governors to join with the
ministers of the word in the government of the church; that such are
agreeable unto, and warranted by the word of God, especially Rom.
xii. 8.; 1 Cor. xii. 28. How many and how learned debates we had on
these things in twelve or thirteen sessions, from nine to half-two,
it were long to relate. None, in all the company did reason more, and
more pertinently, than Mr Gillespie. That is an excellent youth; my
heart blesses God in his behalf. For Mr Henderson and Mr Rutherford,
all the world knows their graces. This day the office of deacon is
concluded from the 6th of the Acts. There will be some debate of the
perpetuity of his office, and the necessity of it in some cases, as
where they are poor, and where the magistrate provides for them; but
that will not much trouble us. In the great committee, this afternoon,
we have finally agreed on the draught of a letter for the churches
abroad, to inform them of our condition, which you may see in print.
Also we have begun an business (very handsomely I trust) of great
consequence. In the time of this anarchy, the divisions of people does
much increase: the Independent party grows; but the Anabaptists more;
and the Antinomians most. The Independents being most able men, and of
great credit, fearing no less than banishment from their native country
if presbyteries were erected, are watchful that no conclusion be taken
for their prejudice. It was my advice, which Mr Henderson presently
applauded, and gave me thanks for it, to eschew a publick rupture with
the Independents, till we were more able for them. As yet a presbytery
to this people is conceived to be a strange monster. It was our good
therefore to go hand in hand, so far as we did agree, against the
common enemy; hoping that in our differences, when we behoved to come
to them, God would give us light; in the meantime, we would essay to
agree upon the directory of worship, wherein we expect no small help
from these men to abolish the great idol of England, the service-book,
and to erect in all the parts of worship a full conformity to Scotland
in all things worthy to be spoken of. Having proponed thir motions in
the ears of some of the chief of the assembly and parliament, but in
a tacit way, they were well taken; and this day, as we resolved, were
proponed by Mr Solicitor, seconded by Sir Henry Vane, my Lords Sey and
Wharton, at our committee, and assented to by all; that a sub-committee
of five, without exclusion of any of the committee, shall meet with us
of Scotland, for preparing a Directory of Worship, to be communicate to
the great committee, and by them to the assembly. The men also were as
we had forethought, Mr Marshall chairman of the committee, Mr Palmer,
Mr Goodwin, Mr Young, Mr Herle, any two whereof, with two of us, make a
quorum: for this good beginning we are very glad. Also there is a paper
drawn up by Mr Marshall, in the name of the chief men of the assembly,
and the chief of the Independents, to be communicate on Monday to the
assembly, and by their advice to be published, declaring the assembly’s
mind to settle, with what speed is possible, all the questions needful
about religion; to reform, according to the word of God, all abuses;
and to give to every congregation a person, as their due: whereupon
loving and pithy exhortations are framed to the people, in the name
of the men who are of the greatest credit, to wait patiently for the
assembly’s mind, and to give over that most unseasonable purpose of
their own reformations, and gathering of congregations; but good is
expected from this mean. Farther, ways are in hand, which, if God
bless, the Independents will either come to us, or have very few to
follow them. As for the other sects, wise men are in opinion, that
God’s favour in this assembly will make them evanish. We had great
need of your prayers. On Wednesday Mr Pym was carried from his house
to Westminster, on the shoulders, as the fashion is, of the chief men
in the lower house, all the house going in procession before him, and
before them the assembly of divines. Marshall had a most eloquent and
pertinent funeral-sermon; which we would not hear; for funeral-sermons
we must have away, with the rest. The parliament has ordered to pay his
debt, and to build him, in the chapel of Henry VII., a stately monument.

       *       *       *       *       *

The affairs of church and state here since my last, so far as we of
the vulgar sort do hear, have thus proceeded. After that with great
and long debates we had gotten well near unanimously concluded all we
desired about pastors, doctors, elders, and deacons, we spent two or
three sessions upon widows; not that we needed to stay so long on that
subject, but partly because every thing that comes to the assembly must
be debated, and none of their debates are short; and partly because the
committee had prepared no other matter to count of for the assembly to
treat on. Sundry things were in hands, but nothing in readiness to come
in publick; for this reason, among others, many were the more willing
to have the assembly adjourned for the holy-days of Zuil, much against
our minds. On the Friday I moved Mr Henderson to go to the assembly;
for else he purposed to have staid at home that day; that as all of us
stoutly had preached against their Christmas, so in private we might
solicit our acquaintance of the assembly, and speak something of it
in publick; that for the discountenancing of that superstition, it
were good the assembly should not adjourn, but sit on Monday, their
Christmas day. We found sundry willing to follow our advice, but the
most resolved to preach that day, till the parliament should reform
it in an orderly way; so, to our small contentment, the assembly was
adjourned from Friday till Thursday next; yet we prevailed with our
friends of the lower house to carry it so in parliament, that both
houses did profane that holy day, by sitting on it, to our joy, and
some of the assembly’s shame. On Wednesday we kept the solemn fast. Mr
Henderson did preach to the House of Commons a most gracious, wise, and
learned sermon, which you will see in print. Mr Rutherford is desired
by them to preach the next fast-day.

One of the committee-matters is the Psalter. An old most honest member
of the House of Commons, Mr Rous, has helped the old Psalter, in the
most places faulty. His friends are very pressing in the assembly that
his book may be examined, and helped by the author in what places it
should be found meet, and then be commended to the parliament, that
they may enjoin the publick use of it. One of their considerations is,
the great private advantage which would by this book come to their
friend: but many do oppose the motion; the most, because the work is
not so well done as they think it might. Mr Nye spake much against a
tye to any Psalter, and something against the singing of paraphrases,
as of preaching of homilies. We underhand will mightily oppose it; for
the Psalter is a great part of our uniformity, which we cannot let
pass till our church be well advised with it. I wish I had Rowallan’s
Psalter here; for I like it much better than any yet I have seen. We
had great and sharp debates about the paper I wrote of before. Mr
Marshall, with a smooth speech, made way for it, and got it read once
and again; but several spake much against sundry expressions of it, as
giving too much countenance to these who had gathered congregations,
and favour more than needed to the Independents; but they did avow,
that they were much thereby prejudged, and were most willing to
suppress the paper, and would by no means consent to the alteration
of any one word of it. I truly wish it had never been moved; for I
expect more evil to our cause from it than good: yet since it was
moved so much in publick, if it had been rejected, it would certainly
have made a greater heartburning among the dissenting brethren than
yet had appeared: so at last it passed with the assembly’s allowance;
but without voicing. You may see it now in print. What fruits it
shall produce, we know not; only, a day or two thereafter, some
of the Anabaptists came to the assembly’s scribes with a letter,
inveighing against our covenant, and carrying with them a printed
sheet of admonitions to the assembly from an old English Anabaptist at
Amsterdam, to give a full liberty of conscience to all sects, and to
beware of keeping any Sabbath, and such like. The scribe offered to
read all in the assembly. Here rose a quick enough debate. Goodwin,
Nye, and their party, by all means pressing the neglect, contempt,
and suppression of such fantastick papers; others were as vehement
for the taking notice of them, that the parliament might be acquaint
therewith, to see to the remedy of these dangerous sects. The matter
was left to be considered as the committees should think fit; but
many marvelled at Goodwin and Nye’s vehemency in that matter. Yet the
day following their passion gave greater offence. We were called out
before twelve to dine with old Sir Henry Vane. Dr Twinne was absent
that day. Dr Burgess fell to be in the chair that day. The question
came, What should follow the widows? There were left some branches
of the apostles and evangelists duties yet undiscussed. We thought
these questions needless, and wished they had been passed; but sundry
by all means would have them in, of design to have the dependency of
particular congregations from the apostles in matters of ordination
and jurisdiction determined. The Independents, forseeing the prejudice
such a determination might bring to their cause, by all means strove
to decline that dispute; as indeed it is marked by all, that to the
uttermost of their power hitherto they have studied procrastination of
all things, finding that by time they gained. We indeed did not much
care for delays, till the breath of our army might blow upon us some
more favour and strength. However that day, we being gone, the one
party pressing the debate of the apostles power over congregations,
the other sharply declining, there fell in betwixt Goodwin and Burgess
hotter words than were expected from Goodwin. Mr Marshall composed all
so well as he could. Mens humours, opinions, engagements, are so far
different, that I am afraid for the issue. We doubt not to carry all
in the assembly and parliament clearly according to our mind; but if
we carry not the Independents with us, there will be ground laid for
a very troublesome schism. Always it is our care to use our utmost
endeavours to prevent that dangerous evil; and in this our purpose,
above any other, we had need of the help of your prayers.

We had, as I wrote, obtained a subcommittee of five to join with us
for preparing to the great committee some materials for a directory.
At our first meeting, for the first hour, we made pretty progress,
to see what should be the work of an ordinary Sabbath, separate from
fasts, communions, baptisms, marriage. Here came the first question,
about readers. The assembly had passed a vote before we came, That it
is a part of the pastor’s office to read the scriptures: what help he
may have herein by these who are not pastors, it is not yet agitate.
Always these of best note about London are now in use, in the desk, to
pray, and read in the Sunday morning four chapters, and expone some
of them, and cause sing two psalms, and then to go to the pulpit to
preach. We are not against the minister’s reading and exponing when
he does not preach: we fear it put preaching in a more narrow and
discreditable room than we could wish, if all this work be laid on the
minister before he preach. My overture was, to pass over that block
in the beginning, and all other matter of great debate, till we have
gone over these things wherein we did agree. This was followed. So,
beginning with the pastor in the pulpit, and leaving till afterwards
how families should be prepared in private for the work of the Sabbath,
and what should be their exercise before the pastor came to the pulpit,
our first question was about the preface before prayer. As for the
minister’s bowing in the pulpit, we did misken it; for, besides the
Independents vehemency against it, there is no such custom here used
by any: so we thought it unseasonable to move it in the very entry,
but minds in due time to do the best for it we may. A long debate we
had about the conveniency of prefacing, yet at last we agreed on the
expediency of it. We were next settling on the manner of the prayer, if
it were good to have two prayers, as we use, before sermon; or but one,
as they use: if in that first prayer it were meet to take in the king,
church, and sick, as they do; or leave these to the last prayers, as
we. While we are sweetly debating on these things, in came Mr Goodwin,
who incontinent essayed to turn all upside down, to reason against
all directories, and our very first grounds; also that all prefacing
was unlawful; that, according to 1 Tim. ii. 1. it was necessary to
begin with prayer, and that in our first prayer we behoved to pray
for the king. All these our debates, private and publick, I have in
writ: at meeting you shall have any of them you will. The most of all
the assembly write, as also all the people almost, men, women, and
children, write at preaching. That day God opened my mouth somewhat to
my own contentment, to Goodwin’s new motions; I thought I got good new
extemporal answers; however, he troubled us so, that after long debates
we could conclude nothing. For the help of this evil, we thought it
best to speak with him in private; so we invited him to dinner, and
spent an afternoon with him very sweetly. It were a thousand pities of
that man; he is of many excellent parts. I hope God will not permit him
to go on to lead a faction for renting of the kirk. We and he seemed to
agree pretty well in the most things of the directory. Always how all
will be, I cannot yet say; but with the next you will hear more; for we
now resolve to use all means to be at some point. Our letter to foreign
churches, formed by Mr Marshall, except some clauses belonging to us
put in by Mr Henderson, is now turned into Latin by Mr Arrowsmith, (a
man with a glass eye, in place of that which was put out by an arrow,)
a learned divine, on whom the assembly put the writing against the
Antinomians. Mr Rutherford’s other large book against the Independents
is in the press, and will do good. I am glad my piece is yet in; for if
need be to put it out, I can make it much better than it was. Thus much
for our church-affairs which most concern us.

       *       *       *       *       *

_To Scotland. February 18, 1644._—Since my last, January 1st, affairs
there had this progress, so far as I understand. The assembly having
past, albeit with long debate, yet with reasonable good accord in
the end, sundry conclusions, according to our mind, anent all the
officers of the church severally; before they entered on their duties,
as conjoined in sessions, presbyteries, and synods, for ordination
and jurisdiction, they thought meet to consider some things further
in the officers, both extraordinary and ordinary, some moe characters
of the apostles, their power to ordain officers in all congregations,
their power to send out evangelists to ordain any where, their power
to decide all questions either of doctrine or fact by word or writ.
After much debate arising from mere jealousies, that these things were
brought in for prejudice and far ends, at last there was agreeance,
while the 14th of Acts, 23d verse, was brought for a proof of the
apostles power of ordination, and was going to be voiced. Very
learned and acute Mr Gillespie, a singular ornament of our church,
than whom not one in the whole assembly speaks to better purpose,
and with better acceptance by all the hearers, advertised, that the
word χειϱοτονησαντϵς, of purpose by the Episcopal translators turned
_ordaining_, was truly _chusing_, importing the people’s suffrages in
electing their officers. Hence arose a tough debate, that took up two
whole sessions. Mr Henderson’s overture ended the plea; for granting,
that in the latter part of the verse, the apostles praying and fasting
might import their imposition of hands and ordaining, he advised to
put the proof on the whole verse, and not on any part, with an express
declaration of the assembly’s sense and intention not to prejudge any
argument which in due time might be alledged out of this place, either
for popular election or against it. In the debating of a proposition,
anent the pastor’s power to judge who was meet to be admitted to the
table, and who to be excluded, and who to be excommunicated, there were
sundry weighty questions stated, especially that of excommunication,
by Mr Selden; avowing, with Erastus, that there was no such censure in
scripture, and what it was, was merely civil: also that of suspension
from the sacrament, the Independents denying the lawfulness of all
such censures; these were remitted to their own place. And at last the
committee gave in their propositions anent ordination: 1st, That it was
a solemn designation of persons for church-officers; the next, That it
was always to be continued in the church; the 3d, who were to ordain;
the 4th, who to be ordained; the 5th, what rites and actions to be used
in ordination. Upon the first two, and their scripture-probations,
after two, or three, or four sessions debates, there was a reasonable
good accord; but in our last three will be our great controversy. The
good God grant us to agree to the truth in them. To-day the debate will
begin. The Independents, holding off with long weapons, and debating
all things too prolixly which come within twenty miles of their
quarters, were taken up sundry times, somewhat sharply, both by divines
and parliament-men; to whom their replies ever were quick and high, at
will. At last, foreseeing that they behoved, ere long, to come to the
point, they put out in print, on a sudden, an apologetical narration of
their way, which long had lien ready beside them, wherein they petition
the parliament, in a most sly and cunning way, for a toleration, and
withal lend too bold wipes to all the Reformed churches, as imperfect
yet in their reformation, while their new model be embraced, which they
set out so well as they are able. This piece abruptly they presented
to the assembly, giving to every member a copy: also, they gave books
to some of either House. That same day they invited us, and some
principal men of the assembly, to a very great feast, when we had not
read their book, so no word of that matter was betwixt us; but so soon
as we looked on it, we were mightily displeased therewith, and so were
the most of the assembly, and we found a necessity to answer it, for
the vindication of our church from their aspersions. What both we and
others shall reply, ye will hear ere long in print. The thing in itself
coming out at this time, was very apt to have kindled a fire, and it
seems both the devil and some men intended it, to contribute to the
very wicked plot, at that same instant a-working, but shortly after
discovered almost miraculously. Yet God, who overpowers both devils
and men, I hope shall turn that engine upon the face of its crafty
contrivers, and make it advantageous for our cause.

The other day, his Excellence, my Lord Essex, came to the assembly,
with the warrant of both Houses to sit as a member; where, after he
had given his oath, as the form is, to propone or consent to nothing
but what he was persuaded was according to the word of God, he was
welcomed by a harangue from the prolocutor. We had so contrived it with
my Lord Wharton, that the Lords that day did petition the assembly,
they might have one of the divines to attend their House for a week,
as it came about, to pray to God with them. Some days thereafter the
Lower House petitioned for the same. Both their desires were gladly
granted; for by this means the relicks of the service-book, which till
then was every day used in both Houses, are at last banished. Paul’s
and Westminster are purged of their images, organs, and all which gave
offence. My Lord Manchester made two fair bonfires of such trinkets
at Cambridge. We had two or three committees for settling orders to
have our covenant received universally in all the country, also for
sending it, with a large narration of our condition in Latin, to the
churches abroad; all which will come abroad in print. Being wearied
with the length of their proceedings, and foreseeing an appearance of
a breach with the Independents, we used all the means we could, while
the weather was fair, to put them to the spurs. After privy conference
with the special men, we moved, in publick, to have an answer to our
paper, anent the officers of the church, and assemblies thereof, that
we might give account to our church of our diligence. We were referred,
as we had contrived it, to the grand committee to give in to it what
further papers we thought meet, which the assembly should take to their
consideration. They were very earnest to have us present at their
committees, where all their propositions, which the assembly debated,
were framed. This we shifted, as too burdensome, and unfitting our
place; but we thought it better to give in our papers to the great
committee appointed to treat with us: so we are preparing for them the
grounds of our assemblies and presbyteries. Also we wrote a common
letter to the commission of our church, desiring a letter from them to
us for putting us to more speed, in such terms as we might show it to
the assembly. Likewise we pressed the sub-committee to go on in the
directory. At that meeting Mr Goodwin brought Mr Nye with him; which
we thought an impudent intrusion; but took no notice of it. After that
all we had done had been ranversed, we had so contrived it, that it
was laid, by all, upon us to present, at the next meeting, the matter
of all the prayers of the Sabbath-day. This, with much labour, we
drew up, and gave in at the third meeting; whereupon as yet they are
considering. By this means, ye may perceive, that though our progress
be small, yet our endeavours are to the uttermost of our strength.
These things must be more advanced by your prayers, than by our pains;
else they will stick, and lets will be insuperable.

       *       *       *       *       *

Great longing is for the news of the Scots. We have got no letters
since the 12th of December; so great a care have you of our
information. It is reported here, that on Wednesday last, the Scots
army entered Newcastle without blood. If that be, it is a great mercy
of God, and of huge consequence; but now of a long time we have been
beaten with so many divers reports, that we believe nothing, and
marvel, that for so long a time we have no certainty at all either
of the condition of that army or of our nation. Thursday’s ceremony
was performed very solemnly. After Marshall’s sermon, now in print,
the procession went a very long way, from Christ’s church to Taylor’s
hall. The trained bands in arms on each side of the whole streets; the
Common Council in their gowns marching; first the Mayor and Aldermen
in their scarlet gowns on horseback; after them the General, Admiral,
and the rest of the Lords, and officers of the armies, on foot; next
to them the House of Commons, with their Speaker, and his mace before
him; after the assembly of divines. It was appointed that we should go
betwixt the assembly and the House of Commons; but my Lord Maitland
being drawn away with the Lords, and we not loving to take place before
all the divines of England, stole away to our coach; and when there
was no way for coaches, for throng of people, we went on foot, with
great difficulty, through huge crowdings of people. While all passed
through Cheapside, there was a great bonfire kindled, where the rich
cross wont to stand, of many fine pictures of Christ and the saints, of
relicks, beads, and such trinkets. The feast was great, valued at £4000
Sterling; yet had no desert, nor musick, but drums and trumpets. In the
great laigh hall were four tables for the Lords and Commons. The Mayor
at the head of the chief in an upper room. Two long tables for the
divines; at the head of the which we were set, with their prolocutor.
All was concluded with a psalm, whereof Dr Burgess read the line. There
was no excess in any we heard of. The Speaker of the House of Commons
drank to the Lords in name of all the Commons of England. The Lords
stood all up, every one with his glass, for they represent none but
themselves, and drunk to the Commons. The Mayor drank to both, in name
of the city. The sword-bearer, with his strong cap of maintenance still
fixed on his head, came to us with the Mayor’s drink. This ceremony was
a fair demonstration of the great unanimity of all these whom Oxford
plot would have divided. Yet we wish the union in reality had been as
great as it was in shew. Within a few days we found, that all plots
were not at an end; but the jealousies betwixt the Houses were like to
break out more than ever: which God, I hope, now has also composed.

       *       *       *       *       *

Upon Saturday the House of Lords sent to us in the assembly an account
of another plot from Oxford, to this purpose. Captain Ogle, some six
weeks ago prisoner, propones to his keeper, Devonish, a purpose he had
to draw the Independents, and all these who were like to be grieved
with the Scots presbytery, to compound with the King. For this effect,
the keeper, a subtle knave, colluded with him. By the General’s
permission, Ogle got leave to speak with Mr Nye and Mr Goodwin, who
were desired to hear his propositions, and seem to consent to them.
The design is communicated to Bristol; who heartily embraced it, and,
according to Ogle’s desire, sends him £100, and a warrant to his keeper
under the King’s hand for his freedom. Being dismissed, and come to
Oxford, he is made one of the gentlemen-pensioners; and fills all
Oxford with hopes, that the Independents, Brownists, and the like,
would all compone. Bristol, under his hand, gives them a full assurance
of so full a liberty of their conscience as they could wish, inveighing
withal against the Scots cruel invasion, and the tyranny of our
Presbytery, equal to the Spanish inquisition. It were longsome to write
all the story, wherewith we were acquainted in great secrecy, foot by
foot, as it proceeded.

       *       *       *       *       *

So soon as Monday last, Mr Cheesly[306] made his report to the House of
Commons, what he had seen in our army, which he had left the Wednesday
before. All his relation was put in print, and £100 Ster. appointed
him for his good news. The joint declaration of both kingdoms, which
he brought, passed presently both Houses. These things were brought
in a very important nick of time, by God’s gracious providence. Never
a more quick passage, from Holy Island to Yarmouth in thirty hours;
they had not cast anchor half an hour before the wind turned contrary.
Mr Cheesly had no sooner made his report, when, I think, within few
hours, a trumpet from Oxford brought to the General a large parchment,
directed only to the Earl of Essex, subscribed by Charles, P. York, and
Cumberland, (Prince Rupert is now Duke of Cumberland,) with the hands
of some forty Lords more, and a number of Commons, now at Oxford, who
have deserted or been expelled the House of Westminster; speaking much
to the praise of the King, and danger of our invasion; conjuring Essex
to draw these who intrusted him (no word of the houses of parliament)
to begin a treaty of peace. This is the upshot of their long plots;
and truly, if it had come a little before Mr Cheesly, when none here
had great hopes of the Scots army, it might have brangled this weak
people, and the strong lurking party might have been able to have begun
a treaty without us, which twould have undone all. The certainty of
our army’s coming made the Oxford parchment unseasonable. For answer,
Essex sent the joint declaration of both kingdoms, which will be a very
comfortless morsel at Oxford, being backed with yesternight’s news,
whereof the General assured us of the total rout of the Irish army,
at Nantwich, by Sir Thomas Fairfax, the killing of many, the taking
of 1700 prisoners, five colonels, and Major-General Gibson, with a
great number of officers, all their cannon and baggage. This victory
is of great consequence many ways. We hope it will encourage a party
at Oxford, in their design of purging the court of Cottington, Digby,
Bristol, Jermyn, and the like.

Manchester, in our synod, in the name of the Lords, did move to
expedite the point of ordination, that so gracious youths who so long
have expected, may be admitted. A committee drew up two propositions
for that end: 1. That in extraordinary cases something extraordinary
might be done, keeping always so near to the rule as may be; 2. That
for the present necessity, the ministers of London may be appointed
by the houses of parliament to ordain ministers for London. The
Independents, do what we are all able, have kept us debating these
fourteen days on these two propositions; but little to their advantage;
for I hope this day shall conclude the propositions: and now all the
world proclaims in their faces, that they, and they only, have been
the retarders of the assembly, to the evident hazard of the church’s
safety, which will not be much longer suffered. Canterbury every week
is before the Lords for his trial; but we have so much to do, and he is
a person now so contemptible, that we take no notice of his process.

January 3. The bearer’s much longer stay for a ship than I expected,
will make these letters come very late. Since, there has been but small
progress in affairs. After our fourteen days debate for a present way
of ordination, upon the desire of the Lords in this extraordinary
necessity, when we were ready to conclude it, upon my Lord Sey’s
harangue and vehement desire, it was laid aside; and upon hope made by
him and his followers of the quick dispatch of the ordinary way, we
fell on the long-wished-for subject of the presbytery; whereupon we
have been skirmishing ever since. The proposition we stick on is. That
no particular congregation may be under the government of one classical
presbytery. The Independents agree for the negative; but finding, that
all they brought yet was but vellications on quiddities, the most was
impatient of their ways; so much the more, as this day being pressed
to answer to the scriptures, which the committee had given in for the
affirmation, they were obstinate to end first their negative. They
promised at last to come to their scriptural objections; but would not
name their scriptures beforehand. By this the most took them rather to
seek vantage and victory, than the truth in so ingenuous a way as they
professed. However, the matter cannot take long debate. The heat and
clamorous confusion of this assembly is often times greater than with
us. The reason, I think, is their way, both in assembly and parliament,
to divest the speaker and prolocutor of all authority, and turn them
to a very and mere chair, as they call them. We mind yet again to
essay the Independents in a privy conference, if we can draw them to a
reasonable accommodation; for to that toleration they aim at we cannot
consent. In the committee for the directory, we gave in the matter of
publick prayer. It was taken well by all the committee, and I hope
shall pass. It was laid on __________ to draw up a directory for both
sacraments; on Mr Marshall for preaching; on Mr Palmer for catechising;
on Mr Young for reading of scriptures, and singing of psalms; on Mr
Goodwin and Mr Herle for fasting and thanksgiving. Had not the debate
upon the main point of differing, (the presbytery,) withdrawn all our
minds, before this these tasks had been ended. However, we expect, by
God’s grace, shortly to end these. What is behind in the directory,
will all be committed the next time to the forenamed hands; and if it
had passed these, we apprehend no great difficulty in its passing the
great committee, the assembly, and parliament. We get good help in our
assembly-debates of my Lord Wariston; but of none more than of that
noble youth Mr Gillespie. I truly admire his faculty, and bless God,
as for all my colleagues, so for him in that faculty with the first of
the whole assembly. The Anabaptists and Antinomians increase; which yet
cannot be helped.

       *       *       *       *       *

Montrose has contrived a wicked band and oath, against all who have
taken the covenant, for the assistance of England, as traitors, which,
we hear, Kinnoul, Traquair, and others, have refused, with disdain.
However, ye would look to yourselves, and know well whom you trust.
Yet we hope in our God that our army in England shall break the neck
of all these wicked designs. The good party here were neither very
able nor willing to move much till our state-commissioners came. At
their first coming, they drew the form of an ordinance, whereby seven
Lords and fourteen Commons, should join with our four commissioners,
whereof five should make a quorum, viz. one Lord, two Commons, two
Scots, for giving of counsel, for ordering and directing the armies
in the three kingdoms for the ends expressed in the covenant. When we
had agreed with Sir Harry Vane and the Solicitor, upon the draught, it
was gotten through the House of Lords with little difficulty, where
most was expected; my Lord Sey, upon new occurrences, being somewhat
of the general; my Lord Northumberland joining effectually with all
our desires, our army being now masters of his lands; also Stapleton
being put on the committee, and desirous to be sent to salute our army.
Hollis, Clotworthy, and others, were put off it; so a great business
was made on it: yet it was carried over the belly of the opposers. But
they tuned themselves about another way, and wrought on the facility
of the General, deaving him with demonstrations of his limitation and
degradation by this committee; that it made void the close committee
of safety; it took the power to manage the war, to do all; which was
to infringe his commission, subjecting him only to the two Houses,
and no committee from them. Hereupon the House of Lords alters, and
puts other six Lords, and twelve Commons to the former, limits the
committee’s power to advising and consulting, makes the English quorum
to consist of three Lords and six Commons. Upon this demur we gave a
short and sharp enough paper to both Houses, to be at a point, if they
thought to make any use of our committee, which so oft and so earnestly
they had sought for. It was so guided, that the Commons unanimously
agreed to the former ordinance, and required the Lords to stand in
their own hazard. This day the Lords have well near agreed to the
former ordinance. If this were past, we look for a new life and vigour
in all affairs, especially if it please God to send a sweet north
wind, carrying the certain news of the taking of Newcastle, which we
daily expect. By all this you see what great need we have all of your
effectual prayers. How great things are presently in hand! the highest
affairs both of church and state being now in agitation, the diligence
and power both of devils, and all kind of human enemies, being in their
extreme bent-sail of opposition, either now or never to overthrow us,
so much the more should your courage be to pray; as I persuade you the
former supplications are all turned in sensible blessings on us; all
here, as in body and mind, praise to his name, being supported to this
day, as you do wish; which we truly ascribe in a good part to your
intercession, which we intreat may continue and increase, especially
for assistance to me in preaching the last Wednesday of this month
before the House of Commons in the fast-day. This is all, but yet a
great recompense, which I require of you for my long letters in a time
not of much leisure. The Lord give an happy and quick end to all these
confusions, and settle again these poor churches and kingdoms in truth
and justice.

Since the closing of my last, the hard and great business of the joint
committee is happily concluded, fully according to our mind, praised
be God; for once we were in great fear of its miscarriage, and of the
dividing of the one House from the other upon it. They began to sit
yesterday: and are appointed to sit every day at three o’clock, and
oftener on occasion: henceforth we expect expedition.

       *       *       *       *       *

It is said, these of Oxford are so far fallen, as to acknowledge the
parliament at Westminster, and to put down Episcopacy, and to disclaim
the cessation of Ireland. If our march to Newcastle has produced
this much, I hope our taking of it shall obtain the rest. I hope our
synod-affairs shall have a more speedy dispatch. A course will be
shortly taken with all sectaries, and is begun already. The misorders
which are at this time in New England, will make the Independents more
willing to accommodate and comply with us. Praise to God we all are
well, chearful, and hopeful, by your prayers, to see the advancement of
a glorious work here.

       *       *       *       *       *

  _To Mr William Spang._

You have a large report from me, how all went here to the 18th of
February. My leisure since has been but small; and as yet I have no
time. Only know, that your letters to us were exceeding welcome; and
for your good service to God, and us, in due time, you shall receive
thanks. My nephew is gone home, with his most loving remembrance of
your great kindness. The other day some of the Dutch church came to
the assembly-door, and delivered a letter to us, from the classes of
Wallachren. It was publickly read, and taken with a great deal of
respect. It came wonderful opportunely, and will do a great deal of
good. The long and sharp censure of the apologetick narration was very
well received by all, but the parties, who yet were altogether silent,
and durst not oppose one word. A committee was presently appointed for
translating it into English, and transmitting it, to be read, to both
houses of parliament, both in Latin and English. What there it may
work, you shall hear in time. It spoke so near to the mind and words
of the Scots, that some said it savoured of them; but when some such
muttering was brought to the face of the assembly, all did deny they
knew any author of such a speech; so, no man avowing it, the Scots
let such a calumny pass, without any apology. I believe they wished,
and thought it just, that all the Reformed churches should do all
which the divines of Wallachren hath, in the defence of the cause of
God, and all the Reformed churches, against common and very dangerous
adversaries. But I heard them say, in private, that they had no
correspondence at all with any foreign churches; it might be that some
of them had sometimes letters from the minister of the Scots staple at
Campvere, but that none of them had sent him either the apologetical
narration, or so much as our answer to it; that they had never motioned
any censure of that book by the foreign divines. However, in the good
providence of God, that letter came. It is expected the synod of
Zealand will not only avow what their brethren have written, but will
give their brotherly advice to this synod, anent all the things in
hand; which I assure you will be very well taken, and do much good;
especially, if with their serious dissuasive from Independency, and
cordial exhortation to erect presbyteries and synods, they join their
counsels for abolishing the relicks of Romish superstition, in their
festival days and liturgy, &c., and, above all, to beware of any
toleration of sects, wherein you are an evil and dangerous example. If
you assist us at this time, God may make us helpful to you another day.
Farewell. March 10th.

_April 2, 1644._—Since the 18th of February, till now, I have so little
leisure, especially by my preparing and preaching my parliament-sermon,
wherein, praised be God, I was graciously assisted, that I could not
attend the writing of any long letter; but now, that task being off
my hand, I may better wait on my friends. I shewed, in my last, how
we were brought, in our assembly, to our chief question, That many
particular congregations were under the government of one presbytery.
The Independents pressed they might first be heard in the negative.
Here they spent to us many of twenty long sessions. Goodwin took most
of the speech upon him; yet they divided their arguments among them,
and gave the managing of them by turns, to Bridges, Burroughs, Nye,
Simpson, and Caryl. Truly, if the cause were good, the men have plenty
of learning, wit, eloquence, and, above all, boldness and stiffness,
to make it out; but when they had wearied themselves, and overwearied
us all, we found the most they had to say against the presbytery, was
but curious idle niceties; yea, that all they could bring was no ways
concluding. Every one of their arguments, when it had been pressed to
the full, in one whole session, and sometimes in two or three, were
voiced, and found to be light, unanimously by all but themselves. By
this means their credit did much fall in the city, who understood daily
all we did, and found these men had got much more than fair play, a
more free liberty than any innovators ever in any assembly, to reason
their cause to the bottom; but farther in the country, who knew not
the manner of our proceedings, their emissaries filled the ears of the
people, that the assembly did cry down the truth with votes, and was
but an Anti-christian meeting, which would erect a presbytery worse
than bishops.

For to remeid these evils, and to satisfy the minds of all, we thought
meet to essay how far we could draw them in a private friendly way
of accommodation; but Satan, the father of discord, had well near
crushed that motion in the very beginning. After our first meeting,
with some three of the assembly, Marshall, Palmer, Vines, and three
of them, Goodwin, Burroughs, Bridges, with my Lord Wharton, Sir Harry
Vane, and the Solicitor, in our house, and very fair appearances of
pretty agreement, Mr Nye was like to spoil all our play. When it came
to his turn in the assembly to opugn the presbytery, he had, from
Matth. xviii. drawn in a crooked unformal way, which he never could
get in a syllogism, the inconsistence of a presbytery with a civil
state. In this he was cried down as impertinent. The day following,
when he saw the assembly full of the prime nobles and chief members
of both Houses, he did fall on that argument again, and very boldly
offered to demonstrate, that our way of drawing a whole kingdom under
one national assembly, is formidable; yea, thrice over pernicious to
civil states and kingdoms. All cried him down, and some would have had
him expelled the assembly as seditious. Mr Henderson showed, he spoke
against the government of ours, and all the Reformed churches, as
Lucian and the Pagans wont to stir up princes and states against the
Christian religion. We were all highly offended with him. The assembly
voted him to have spoken against the order; this is the highest of
their censures. Maitland was absent; but enraged when he heard of it.
We had many consultations what to do; at last, we resolved to pursue
it no further, only we would not meet with him, except he acknowledged
his fault. The Independents were resolute not to meet without him, and
he resolute to recal nothing of the substance of that he had said. At
last, we were intreated by our friends, to shuffle it over the best
way might be, and to go on in our business. God, that brings good out
of evil, made that miscarriage of Nye a mean to do him some good; for,
ever since, we find him, in all things, the most accommodating man in
the company.

This, and sundry occurrences, have made the sails of that party fall
lower. My Lord Sey’s credit and reputation is none at all, which
wont to be all in all. Sir Harry Vane, whatever be his judgement,
yet less or more does not own them, and gives them no encouragement.
No man I know, in either of the Houses, of any note, is for them.
Sundry officers and soldiers in the army are fallen from their way
to Antinomianism and Anabaptism, which burdens them with envy. Not
any one in the assembly, when they have been heard to the full in any
one thing, is persuaded by them; but all profess themselves to be
more averse from their ways than before. The brethren of New England
incline more to synods and presbyteries, driven thereto by the manifold
late heresies, schisms, and factions, broken out among them; also the
many pens that have fallen more sharply than we on their Apologetick
Narration. These, and divers other accidents, have cooled somewhat of
these mens fervour; above all, the letter from Holland has given them a
great wound. Our good friend in Zealand gave to his neighbour so good
information of all heard from us here, that so soon as the classes of
Wallachren did meet to consult about the letter which this synod sent
to them, as to all the Reformed churches, they were very bent presently
to write an answer, in the which they fell flat and expressly upon the
Independents, and their Apologetick Narration, shewing how far their
way was contrary to the word of God, to the Reformed churches, and to
all sound reason. This was read openly in the face of the assembly, and
in the ears of the Independents, who durst not mute against it. It was
appointed to be translated into English, and sent to be read in both
Houses of parliament, which was done accordingly. This has much vexed
the minds of these men, and yet we expect from the synod of Zealand,
now sitting, more water to be put in their wine. It seems they are
justly crossed by God; for beside all the error and great evil which
is in their way, they have been the only men who have kept this poor
church in an anarchy so long a time, who have preferred the advancement
of their private new fancies to the kingdom of Christ, who have lost
many thousand souls through the long confusion occasioned by their
wilfulness only, and the settling of the land, which their way hitherto
has kept loose and open, to the evident hazard of its ruin. Their ways,
private and publick, have taken away from the most of beholders, the
opinion which was of their more than ordinary piety and ingenuity: that
now is gone. All this contributes to the peace of this church. While
we came to prove the affirmative of our tenet anent the presbytery,
they jangled many days with us; but at last it was carried, and sundry
scriptures were voiced also for that proposition, to our great joy.
In the debate, they let fall so much of their mind, that it was hoped
they might come up, if not fully to our grounds, yet to most of our
practical conclusions. For this end the assembly appointed a committee
of four of them, and four of the assembly, to meet with us four, to
see how far we could agree. We were glad that what we were doing in
private should be thus authorised. We have met some three or four
times already, and have agreed on five or six propositions, hoping,
by God’s grace, to agree in more. They yield, that a presbytery, even
as we take it, is an ordinance of God, which hath power and authority
from Christ, to call the ministers and elders, or any in their bounds,
before them, to account for any offence in life or doctrine, to try and
examine the cause, to admonish and rebuke, and if they be obstinate,
to declare them as Ethnicks and publicans, and give them over to the
punishment of the magistrates, also doctrinally to declare the mind of
God in all questions of religion, with such authority as obliges to
receive their just sentences; that they will be members of such fixed
presbyteries, keep the meeting, preach as it comes to their turn, join
in the discipline after doctrine. Thus far we have gone on without
prejudice to the proceeding of the assembly. When we were going to the
rest of the propositions concerning the presbytery, my Lord Manchester
wrote to us from Cambridge, what he had done in the university, how
he had ejected for gross scandals, the heads of five colleges, Dr
Coosings, Beel, Sterne, Ramborne, and another; that he had made choice
of five of our number, to be masters in their places, Mr Palmer, Vines,
Seaman, Arrowsmith, and our countryman Young, requiring the assembly’s
approbation of his choice; which was unanimously given; for they are
all very good and able divines. Also, because of the multitude of
scandalous ministers, he behoved to remove, he renewed to the assembly
his former motion, anent the expediting of ordination. This has cast us
on that head. We have voted sundry propositions of it. The last four
sessions were spent upon an unexpected debate: Good Mr Calamy, and
some of our best friends, fearing the Separatists objections, anent
the ministry of England, as if they had no calling, for this reason,
among others, That they were ordained without the people’s election,
yea, without any flock; for the fellows of their colleges are ordained
ministers _sine titulo_, long before they are presented to any people:
when we came therefore to the proposition, That no man should be
ordained a minister without a designation to a certain church, they
stifly maintained their own practice: yet we carried it this afternoon.

As for our Directory, the matter of prayer which we gave in, is agreed
to in the committee. Mr Marshall’s part, anent preaching, and Mr
Palmer’s, about catechising, though the one be the best preacher, and
the other the best catechist, in England, yet we no way like it: so
their papers are past in our hands to frame them according to our mind.
Our paper anent the sacraments we gave in. We agreed, so far as we
went, except in a table. Here all of them oppose us, and we them. They
will not, and say the people will never yield to alter their practice.
They are content of sitting, albeit not as of a rite institute; but
to come out of their pews to a table, they deny the necessity of it:
we affirm it necessary, and will stand to it. The Independents way
of celebrating, seems to be very irreverent. They have the communion
every Sabbath, without any preparation before or thanksgiving after:
little examination of people: their very prayers and doctrine before
the sacrament, use not to be directed to the use of the sacrament. They
have, after the blessing, a short discourse, and two short graces over
the elements, which are distributed and participate in silence, without
exhortation, reading, or singing, and all is ended with a psalm,
without prayer. Mr Nye told us his private judgement, that in preaching
he thinks the minister should be covered, and the people discovered;
but in the sacrament, the minister should be discovered, as a servant,
and the guests all covered. For hasting of the assembly, we got many
messages from the Houses; but all they can do, is to sit all the days
of the week, except Saturday and Sunday, till one or two o’clock,
and twice a-week also in the afternoon; the other afternoons are for
committees. However their speed be small, yet their labour is exceeding
great, whereof all do expect a happy conclusion, and blessed fruits.

       *       *       *       *       *

The eyes of all are towards our army. The great God be with it, to put
a quick end to the great miseries and dangers of all these dominions.
We were comforted by the sundry clear passages of God’s mercies towards
them; that they got as easily over the Tyne and the Ware; that the
enemy, who durst visit them in their quarters, were so infatuated by
God as not to set upon them in their passage; that when their want of
provision was almost extreme, there should come to them at Sunderland,
both from London and Scotland, so much as to put them out of hazard of
starving; that though the extremity of the tempest had cast away the
barks with their provision, yet God should have sent such weather as
made the Tyne passable, and that no longer than they were over. Many
such passages are in the letters, which we see from the camp, that
demonstrates the answer of our prayers in a part, and confirms our hope
in the rest: though the difficulties yet be many, and far greater than
any did expect; yet we think the Lord is but walking in his ordinary
way, to let us fell in difficulties insuperable to us, to draw us near
to him out of all self-confidence, that we may cry to Heaven, and what
deliverance comes it may be taken out of his hand. That very day, and
these hours, when our army was passing the Tyne, the 28th of February,
were we all here fasting and praying; and among the rest, I was praying
and preaching to the parliament; blessed be his name that gave us at
the same hour so gracious an answer. The next week, when that happy
solemn fast does return, we have much ado with the help of God; for
every where the armies are near a-yoking.

       *       *       *       *       *

If any disaster should befal Waller, our danger here were present and
great. Manchester has drawn all his forces towards Lincoln to oppose
Prince Rupert’s progress; but the main chance is in the north, for
which our hearts are trinkling. Our letter yesternight from the leaguer
at Sunderland shewed, that on Sunday last, while our perplexity was
great for horse-meat, and we were in a great doubt what to do; to
stay there was to starve our horse; to send our horse back over Tyne,
without our foot with them, was to lose Sunderland, our sea-port, which
brought us provision. While we are on these thoughts, our enemies draw
near with all their forces, and set themselves down in a place of
advantage. On Sunday at night, and Monday morning, we were skirmishing.
The ground made it hard for us to set on; but our necessities put us
on. The great God assist us. Lumsden was come over the water, with
3000 more men. On Monday, the 25th of this instant, these letters came
away. We know no more, but with passion are expecting good news. We
wonder your ambassadors should be dreaming of any treaty; since every
other day after their coming from Oxford, this parliament there, with
vote upon vote, with declaration after declaration, are made traitors,
rebels, and all evil can be imagined. The parliament here, to put off
them that very groundless scandal which they at Oxford strove to put
upon them, have put out a declaration of their great desire of peace,
and of the invincible obstacles laid in their way to it. However your
ambassadors seem over-ready to have proven very unhappy instruments
to have divided the two nations, and raised a new party here for the
King, and divided both Houses; but I hope God has prevented them. The
propositions for treaty were really answered by the declaration of
both Houses, That they, by the late votes at Oxford, being declared
traitors, were made incapable to treat; yet they resolved, according to
the overture made by us long ago, to advise on propositions, without
which they could not proceed. These the lower house did agree to refer
to the higher, to the committee of both kingdoms; but the higher house
resolved to have a new committee of Lords and Commons to join with our
commissioners, alledging, the former committee, which was carried over
their bellies, was only for managing of the war; but for the treaty of
peace they have another, Pembroke and Salisbury, who disdained they
were of the first, and below Hollis, Reynolds, Clotworthy, did much
urge a second committee; and all these who loved division seconded
this motion. Here it has stood some days; but after the disaster at
Newark, your commissioners struck the iron when it was hot, and pressed
a further and far more unhappy point, to have a treaty without us. On
Saturday last they did so far advance this desperate motion, that the
House of Commons were divided about it in two equal halves: so that
division was referred to the honest Speaker; who carried it right,
that they were obliged, not only to conclude, but not to begin, a
treaty without the Scots. On this fearful debate they sat till three
o’clock in the afternoon; so far did your unhappy agents from Oxford
and the Hague prevail. But, behold! before half an hour after three,
there came news which made their ears to tingle. God answered our
Wednesday’s prayers. Balfour and Waller had got a glorious victory
over Forth and Hopeton, and routed them totally, horse and foot. All
since are exercised to raise money to that victorious army, and men, to
assist them to pursue that great and timeous victory. We were sinking;
but God has taken us by the hand, and filled us with hope. On Sunday,
March 25, and Monday, Lesly and Newcastle, with all their forces, were
skirmishing. We think ere this they will have a battle: we are in hope
of good news. We expect good from the synod of Zealand. We wish they
may consider their giving of excommunication to every congregation.

       *       *       *       *       *

_To Mr David Dickson and Mr Robert Ramsay only._

The unhappy Independents keep all the matters of the church so loose,
that there is no appearance of any short-settling. The preface of
my sermon has put some edge on the assembly for a quicker dispatch;
but the nature itself of their way is so wofully longsome, that it
is almost impossible to be shortened. The number and evil humour of
the Antinomians and Anabaptists doth increase. In a word, things here
are in a hard condition. I have acquainted you herewith, that we may
remember hereafter, when God has appeared for us, from how great depths
he has lifted us up. We truly do expect, from the goodness and mercy of
our God, though this stupid and secure people are no ways fitted for
a deliverance, if we look to justice, yet, that for his name’s sake,
the truth, and handful of the godly, that he will arise. So much the
more is it needful that God should haste, as we hear of a storm that
may arise among you in your north, and elsewhere, by the pestiferous
malignants and malecontents; also from your Irish army, if they be
not satisfied, and the Irish rebels on their back. All these will be
matters of God’s praise, when he has let them appear, and rear upon
us, but incontinent, by the chain of his providence, has drawn them
backward for their confusion. I hope to keep the general assembly with
you at Edinburgh. We are all, for our private, well, blessed be God.
How all is with you, I know not: but that broil about Mr Hugh Blair I
wish were some way composed; but being so far from the place, I cannot
tell how. The matter of our present debates in our assembly, is the
people’s interest in their minister to be ordained. We hope to give
light to these scabrous questions. * * * *

After the writing hereof, this Sunday, March 24, we were all afflicted
with sad news from Newark. Sir John Meldrum by all means would besiege
Newark, and gave assurance to all, day after day, to carry it; yet
it is so fallen out, whether by base cowardice or treachery, that
his whole camp, near 5000 or 6000, after a little skirmish, have
rendered themselves to the enemy, being fewer in number: a grievous and
disgraceful stroke. The certainty of the particulars we have not yet;
but such another stroke will make this people faint, except God bless
the Scots army. Yet this sore stroke puts many to their knees who were
in a deep sleep, and we hope there will be a wrestling with God the
next Wednesday. This is a fearful alarm. Let God do all his will: yet
I must say his people and cause are on our side; and on the others,
patrons of oppression, profanity, and Popery, whom God cannot bless
to the end. God send us better news; for the time our anxiety is very
great. The bearer is not yet gone. As all former disasters, so this I
hope shall do us good. Yesterday was a gracious day of prayer.

       *       *       *       *       *

  _For Mr Robert Blair. March 26, 1644._

I have written nothing to you all this time, partly not knowing
certainly where too were, and mostly because my sweet colleague,
Mr Samuel, informed you of all I had to say. Thanks to God, never
colleagues had a greater harmony; for to this hour not the least
difference, the smallest eyelist betwixt any of us, either state or
church commissioners, in any thing, either private or publick, which
you know Is rare in societies, makes our fellowship much the sweeter.
We have written a publick letter to you, to advise, if you think meet,
to call any of us home to the general assembly. All of us will take it
for the call of God, whatever you resolve of our stays or goings. It
is like, about that time, there shall be more to do here than before;
for the delays of the Independents importunities has been wonderful,
which now, I hope, are drawing near an end; and very likely, about that
very time of the assembly, if God cast not in unexpected impediments,
we may be about the highest points both of government and worship,
the erecting of our presbytery, and putting our votes in practice,
and settling of a directory, wherein we have yet got little thing
done, and much is here ado. These things are so high, and of so great
concernment, that no living man can think Mr Henderson may be away;
and to put him to go and return, it were very hard to venture such
a jewel, that is so necessary to the well being both of church and
state of all these dominions. Mr Samuel, for the great parts God has
given him, and special acquaintance with the question in hand, is very
necessary to be here; especially because of his book, which is daily
enlarging, and it will not come off the press yet for some time. It is
very like, whenever it comes out, it shall have some short affronting
reply; and judge now if it be not necessary that he should be here to
answer for himself. Mr G. Gillespie, however I had a good opinion of
his gifts, yet I profess he has much deceived me. Of a truth there is
no man whose parts in a publick dispute I do so admire. He has studied
so accurately all the points ever yet came to our assembly, he has
gotten so ready, so assured, so solid a way of publick debating, that
however there be in the assembly divers very excellent men, yet, in my
poor judgement, there is not one who speaks more rationally, and to the
point, than that brave youth has done ever, so that his absence would
be prejudicial to our whole cause, and unpleasant to all here that
wishes it well.

       *       *       *       *       *

  _To Mr William Spang. April 12, 1644._

Matters here, both of church and state, are in a strange posture. We
are oft put to our knees to cry to God. The unhappy, and unamendable
prolixity of this people, in all their affairs, except God work
extraordinarily, is like to undo them. They can put nothing to any
point, either of church or state. We are vexed and overwearied with
their ways. God help them, and our poor land, which by their unhappy
and sottish laziness is like to be in great hazard.

       *       *       *       *       *

I cannot tell you what to say of the assembly. We are almost desperate
to see any thing concluded for a long time. Their way is wofully
tedious. Nothing, in any assembly that ever was in the world, except
Trent; like to them in prolixity. Particulars you shall have with the
next.

       *       *       *       *       *

_April 19, 1644._—Our assembly at last has perfected ordination, both
in the doctrinal and directory parts. I think, to-morrow, they shall
present it to the Houses. It has cost us much labour, and above twenty
long sessions, I hope it shall do good, and over all this land shall
erect presently an association of ministers to ordain; Our presbytery
shall shortly follow. The Independents are resolved yet to give in
their reasons against us, and that will be the beginning of an open
schism. Likely, after that, we will be forced to deal with them as open
enemies. They have been here most unhappy instruments, the principal,
if not the sole causes, why the parliament were so long in calling an
assembly, and when it was called, why nothing in a whole year could be
gotten concluded. In the mean time they, over all the land, are making
op a faction to their own way, the far most part whereof is fallen off
to Anabaptism and Antinomianism. Sundry also worse, if worse needs be:
the mortality of the soul, the denial of angels and devils, and cast
off all sacraments, and many blasphemous things. All these are from New
England, where divers are in irons for their blasphemies, condemned to
perpetual slavery, and well near by a few votes it went for the life.
They proclaim their fears of the rigours of presbytery. Possibly they
are conscious of their insufferable tenets, and certainly they know
their own rigour against the Presbyterians. In all New England, no
liberty of living for a Prysbyterian, Whoever there, were they angels
for life and doctrine, will essay to set up a different way from them,
shall be sure of present banishment. Be diligent, we beseech you, with
your synod. While I am writing this, praise to God for evermore, a
messenger comes to us from our army, shewing, that on Friday night the
enemy hearing of Fairfax’s victory, marched away from Durham towards
the Tyse; that Saturday and Sunday we were following, and were within
three miles of them, resolving to follow where-ever they went.

       *       *       *       *       *

_April 25, 1644._—We are all very sensible of your prudent diligence;
by all means go on with your divines for their answer. I wish these
whom you have engaged in Zealand were put on to engage with themselves
the divines of the other provinces, especially the presbytery of
Leyden, also Rivet and Voetius. There is great need; for this is a very
wavering and fickle people. Write what they please against bishops
and ceremonies _obiter_, for our confirmation; for these are now out
of the hearts of all here almost: but above all, and in earnest, let
them exhort to be watchful against anarchial schisms, and the heresies
of Antinomians and Anabaptists. These three come together cordially
against all the Reformed churches, and increase so much in number
and boldness, as easily they would carry all here to a lamentable
confusion, if the fear of our armies did not keep them in order; and,
as it is, many fear they shall do much, if God prevent it not. We have
given in to the parliament our conclusions anent ordination; whereupon,
I think, we have spent above forty long sessions. To prevent a present
rupture with the Independents, we were content not to give in our
propositions of presbyteries and congregations, that we might not
necessitate them to give in their remonstrance against our conclusions,
which they are peremptor to do when we come on that matter. We judged
it also convenient to delay till we had gone through the whole matters
of the presbyteries and synods; to send them up rather in their full
strength than by pieces; also we suffered ourselves to be persuaded to
eschew that rupture at this time, when it were so dangerous for their
bruckle state. The Independents having so managed their affairs, that
of the officers and soldiers in Manchester’s army, certainly also in
the General’s, and, as I hear, in Waller’s likewise, more than the two
parts are for them, and these of the far most resolute and confident
men for the parliament-party. Judge ye if we had not need of our
friends help. I wish we had letters by some of your friends means from
Switzerland and Geneva; and however the French divines dare not keep
publick correspondence, and I hear the chief of them are like some of
yours, so much courtiers, that they will not help us in the half they
dare and might, policy and prudence so far keeps down their charity and
zeal; yet I think some of the ministers of Paris, and their professors,
if they were dealt with by some of your friends, might, in private
letters, either to some here, or some with you, write so much of their
mind in this publick cause of church-government, as might contribute
to the encouragement of this fainting and weak-hearted people. In any
letters that come here, I wish they may be sparing of the point of the
magistrate; also in the enlarging of the particular congregations. I
wish they might speak home to that you assure is their practice, of
giving ordination only to the classes, and excommunication, at least
for regulating of the process; albeit we make the chief parts of the
process to be led before the classes, and gives them the power of the
decree; for we count it a _musa communis_, and of so high a consequence
as can be, to cut off a member, not from one congregation only, but the
whole church and body of Christ. Our brethren here are so peremptor,
that they will by no means tie themselves so much as to advise any
thing in the whole process with the classes; only when they have
sentenced, if they be required, they will give an account to any who
have offended.

       *       *       *       *       *

  _To Mr David Dickson. April 29, 1644._

I wrote to you my mind anent the motion of our coming down to the
general assembly. I am still of that mind, and my Lord Wariston thinks
so with me; yea, it is all our minds that Mr Henderson cannot be
spared; for the matter of both government and directory, especially
in the points of prayer, sacraments, preaching, which we have given
in already; the catechism, which is almost ready, and the other parts
also, will shortly be in such a maturity, that about the midst and end
of May it is like our work shall be hottest. Mr Henderson’s absence for
a little might not only retard, but also put matters so far wrong, as
would not in haste be gotten righted. For any other of us to come down
to the assembly, we conceive, were not only very needless, but in some
respects, which I will not write, disadvantageous to affairs here and
there both; yet if you on the place think fit to send for any or all
of us, we are all willing and ready to obey your calls. However, in
this long anarchy, the sectaries and hereticks increase marvellously;
yet we are hopeful, if God might help us, to have our presbyteries
erected, as we expect shortly to have them, and get the chief of the
Independents to join with us in our practical conclusions, as we are
labouring much for it, and are not yet out of hope, we trust, to win
about all the rest of these wild and enormous people. However, for the
time, the confusions about religion are very great and remediless.
There were many bickerings, and fear of breaking, about the articles
of peace; but, thanks to God, I hope that fear be past. The committee
of both kingdoms has unanimously agreed the articles, which my Lord
Wariston, for the far most part, drew up. I think he may come down with
them himself one of these days, to be agreed to by you there. Upon your
first hearing of his coming to Edinburgh, make haste to be at him, for
he cannot stay. The articles are such as doubtless the King will scorn,
till his wicked council and party be broken, which, by God’s help, will
shortly be.

       *       *       *       *       *

  _To Mr William Spang. May 3, 1644._

I cannot tell how things go here. If God do not this work, it will
perish of itself without an enemy. Extreme inlack of money for all
occasions, which yet daily are many and great; a mighty party in the
Houses, in the city, and every where, who mind their own things, and
cause such distrusts, and fears of treachery, as are formidable; in
all the armies great divisions, and extreme want of pay. When we
have any trace with the Independents anent our presbytery, we fall
in new wars with others. For our sessions, a great party in the
synod, for fear of ruling elders, and in opposition to Independency,
will have no ecclesiastick court at all, but one presbytery for all
the congregations within its bounds. I cannot tell you our daily
perplexities; yet we must trust in God, and not faint, for all the
vexation which passes from far and near on all hands.

       *       *       *       *       *

  _To Mr Robert Ramsay. May 9, 1644._

This people are so divided, and subdivided, in their judgements and
practice, that if ever either their church or state settle, it is God’s
miraculous mercy. Had not God raised our nation to join with all our
strength, long ere this, without all doubt, they had been swallowed up
by their enemies; yea, they had, without the hand of an enemy, by their
own broken and languid proceedings, been lost irrecoverably; and as yet
it stands, the dangers are exceeding great.

For our assembly-matters, we are daily perplexed; not only we make
no progress, and are far from the sight of any appearance of an end,
but also matters oft in hazard of miscarriage. The Independents, so
far as yet we can see, are peremptory for a schism; and their party
is very strong and growing, especially in the army. The leading men
in the assembly are much at this time divided about the question in
hand, of the power of congregations and synods. Some of them would give
nothing to congregations, denying peremptorily all example, precept,
or reason, for a congregational eldership; others, and many more, are
wilful to give to congregational eldership all and entire power of
ordination, excommunication, and all. Had not God sent Mr Henderson, Mr
Rutherford, and Mr Gillespie among them, I see not that ever they could
agree on any settled government. We expect the favour of God to help us
over the rocks, and through the storms, in the midst whereof we sail
at this hour. The answer and return of your prayers we oft feel and
acknowledge. All our company, blessed be God, have had perfect health,
good courage, and hearty unanimity, in all things; great credit and
reputation; sensible assistance in every thing, and hitherto very good
success, to all our motions, either for church or state; so that we are
hopeful to wrestle through the present difficulties, as we have done
many before, by the help of the prayers of God’s people among you. The
humour of this people is very various, and inclinable to singularities,
to differ from all the world, and one from another, and shortly from
themselves. No people had so much need of a presbytery. The affairs of
the state, marvel not that I and others write oft so diversely of them;
for there are many contrary and divers tides into them. We are still
feared that the King come, and set himself down in the parliament. If
he had done so this twelvemonth bygone, or yet would, it would put our
affairs in the greatest hazard of confusion. To cross that dangerous
design of the mighty faction among us, the engine of the articles of
peace is turned on the face of the authors to our great advantage.
We have got such articles passed the committee of both kingdoms, and
transmitted to both Houses, as Wariston has brought down. They are of
our own framing. Nine of the greatest are consented to by the Commons,
and the rest will shortly pass, I trust. Yesterday the whole House
went to the Lords for a conference, and required the passing of three
ordinances, which long had lien by. 1. The continuance of the committee
of both kingdoms for other three months. That committee is the great
bulwark against the faction. The first framing of it was over their
heads. It has been their greatest eye-sore. It expires the morn. They
thought either to hinder the renewing of the ordinance, or to add unto
it such other members of both Houses, of their mind, as might have
over-swayed the better party and us; but we hope this union of the
Commons will counteract that plot.

       *       *       *       *       *

_To Mr William Spang._

On Friday, after a week’s debate, we carried, albeit hardly, that no
single congregation had the power of ordination. To-morrow we begin to
debate if they have any right of excommunication. We gave in, long ago,
a paper to the great committee, wherein we asserted a congregational
eldership, for governing the private affaire of the congregation, from
the 18th of Matthew. Mr David Calderwood, in his letter to us, has
censured us grievously for so doing; shewing us, that our books of
discipline admit of no presbytery or eldership but one; that we put
ourselves in hazard to be forced to give excommunication, and so entire
government, to congregations, which is a great step to Independency. Mr
Henderson acknowledges this: and we are in a peck of troubles with it.

       *       *       *       *       *

_May 17, 1644._—This day was the best that I have seen since I came
to England. General Essex, when he went out, sent to the assembly, to
intreat, that a day of fasting might be kept for him. We appoint, this
day, four of our number to preach and pray at Christ’s church; also,
taking the occasion, we thought it meet to be humbled in the assembly,
so we spent from nine to five very graciously. After D. Twisse had
begun with a brief prayer, Mr Marshall prayed large two hours, most
divinely, confessing the sins of the members of the assembly, in a
wonderful, pathetick, and prudent way. After, Mr Arrowsmith preached
an hour, then a psalm; thereafter Mr Vines prayed near two hours, and
Mr. Palmer preached an hour, and Mr Seaman prayed near two hours, then
a psalm; after Mr Henderson brought them to a sweet conference of the
heat confessed in the assembly, and other seen faults, to be remedied,
and the conveniency to preach against all sects, especially Anabaptists
and Antinomians. Dr Twisse closed with a short prayer and blessing.
God was so evidently in all this exercise, that we expect certainly a
blessing both in our matter of the assembly and whole kingdom.

  [_See continuation of the Account of the Westminster
  Assembly, appended to the Acts of 1644._]


1642.—August.

5. _Report of the State of Scotland, by Hamilton to the King, in
August, 1642—sent by special messenger_.[307]

I. Shew His Majesty with what a prejudicated Opinion I was received, by
reason of what I have done at York, which I still lie under.

II. Shew in what Temper I found this Kingdom, occasioned (as I
conceive) by the apprehension they have of His Majesties not observing
what He hath already granted, if He shall be in a Condition to force
them; seeing it is believed, that what He hath given was against His
Will. Next, divers eminent Persons apprehend, that if He obtain His
ends by Force, they will be neglected, and Persons obnoxious to this
Kingdom cherished.

III. Shew that some active men will not lie idle in so stirring Times;
and therefore His Majesty would consider how to make use of them, lest
otherwise they may be engaged, and with them the Kingdom.

IV. Shew that it will be impossible longer to delay the Meeting of the
Commissioners for Conserving of the Peace, and what my Part hath been
therein; and therefore to Consider, if it were not fit they were called
by His Majesties Warrant.

V. Shew that I could not think of a better way to serve Her Majesty
(for the present) than by procuring an Invitation from the whole
Kingdom for her return; which Proposition if His Majesty conceive fit
for His Service, and be acceptable to Her Majesty, I doubt not of the
effectuating it, otherwise it shall here end.

VI. Shew that though I can be of no great use to His Majesty any where,
yet I conceive more here than at York; for albeit I still say I can
undertake for nothing, yet I may possibly be able to prevent Evil, if I
can do no Good.

VII. Shew the miserable Condition of my Fortune, which occasioneth the
not sending as yet the Moneys for entertaining the Horse, which if the
sale of Land can procure, shall be quickly remedied.


1642.—August 26.

6. _The King’s Letter about Uniformity of Church Government_.[308]

CHARLES R.

By your Letter to Us of the 19ᵗʰ of this Instant August, We find you
concur with Our late General Assembly, in their Desire to Us about
Unity of Religion, and Uniformity of Church-Government in all Our three
Kingdoms; which cannot be more earnestly desired by you, than shall
be really endeavoured by Us, in such a way as We in Our Conscience
conceive to be best, for the flourishing Estate of the true Protestant
Religion. But as for Joyning with Our Houses of Parliament here in
this Work, it were improper for Us at this time to give any Answer:
for since their Meeting they have never made any Proposition to Us,
concerning Unity of Religion, or Uniformity of Church-Government: so
far are they from desiring any such thing, as we are confident the
most considerable Persons, and those who make fairest Pretences to
you of this kind, will no sooner embrace a Presbyterial than you an
Episcopal. And truely it seems, (notwithstanding whatsoever Profession
they have made to the contrary,) that nothing hath been less in their
minds than Settling of the true Religion, and Reforming such Abuses
in the Church-Government, as possibly have crept in, contrary to the
establish’t Law of the Land: to which we have been so far from being
averse, that we have by divers Declarations and Messages pressed them
to it, though hitherto it hath been to small purpose. But when-ever any
Proposition shall be made to Us by them, which We shall conceive may
any way advance the Unity of the true Protestant Religion, according to
the Word of God, or establish the Church-Government according to the
known Laws of this Kingdom, We shall by Our chearful joyning with them,
let the World see, that nothing can be more acceptable unto Us, than
the furthering and advancing of so good a Work. So we bid you Farewell.

From Nottingham the 26th of August, 1642.

       *       *       *       *       *

1642.—September 10.

7. _Letter from Mungo Murray (afterwards Earl of Dysart) to the Earl of
Lanerick._[309]

  MY MUCH HONOURED LORD,

When I arrived here, your Brother was in Argyle; but upon knowledge of
my coming, came himself, and brought that Marquis with him to Hamilton,
whither the Chancellor went likewise, and there I attended all three.

I found them with the same Affections and Desires your Lordship left
in them, but as they conceive, not so able to Act as they were then.
They apprehend, the Parliament of England will be much higher in their
Demands than at that time; as understanding now both the Kings Power,
and their own, which were then but upon forming, and promised a greater
Equality. The Kings two Messages to the Parliament have likewise so
discredited His Majesties Affairs in this Country, that they fear many
forward enough before, will now unwillingly engage in any way which may
displease the Parliament; yet they are resolved to do their best, and I
believe say little less in this inclosed Letter, signed by all three.

His Majesty must expect in point of Religion, to be prest for
Uniformity in Church-Government; and if His Majesty may be moved to
publish some handsome Declaration satisfactory in that point, it would
infinitely advance all his Affairs in this Country, and from hence have
a powerful influence upon that.

The Parliament hath gained much here by their last Vote, and there is
a very fine Answer expected in their last Message sent by the Lord
Maitland, which will extraordinarily confirm the former Correspondence;
if the King do not something plausible in the same kind, timeously and
unconstrained, the two Kingdoms will shut upon him in despight of what
his best Servants can do.

Here is no Order for publishing His Majesties Declarations, and great
care taken to the contrary, which occasions great prejudication in the
common Peoples minds, and were very fit to be amended.

I am looked upon here with great Jealousie, yet it lessens because
they see I am not busie. I am advised by your Brother, and the rest,
for avoiding of suspicion to go up to Court, which (having dispatched
some particular business I have of my own) I am resolved to do. They
have entrusted me with these particular Queries, of which they desire
His Majesties Resolution; if your Lordship had opportunity you may
acquaint His Majesty with them. They desire likewise your Lordship may
be sent down with a Letter to the Commissioners full of Confidence, and
allowing them all Freedom in their Consultations. In respect of this
great Meeting, your Brother cannot make his Journey to Holland: no Act
of that nature being now to be done, their Opinion and Authority not
consulted: but I find them all right set in the thing, and truly so
respective to the Queens Person, it did my Heart good to hear them.
All the Lords Conservators which are with you, will receive Summons:
but it is not desired they should come down, and truly I believe their
Presence will do more hurt than good.

I must intreat your Lordship to acquaint His Majesty with these
Particulars, to receive his further Commands, and convey them to

  My Lord,

  Your Lordships faithful humble Servant,

  Edinburgh, 10ᵗʰ Sept. M. MURRAY.
  1642.

POSTSCRIPT.—The King must send to New-Castle Directions concerning his
Ships, for their Victuals are quite spent; my poor opinion is, they
should be sent to Holland, where they may be safer, and attend the
Queen.

       *       *       *       *       *

1642.—September 18.

8. _The King’s Letter to the Conservators of the Peace._[310]

  RIGHT TRUSTY, &C.

Having been informed that upon Petition of the Commissioners from
Our late General Assembly, Our Council thought fit, that you should
meet for discharging of that Trust imposed on you by Us, and Our
Parliament, whereby all fair means may be used to prevent such Troubles
and Divisions, as may interrupt or endanger the common Peace of Our
Kingdom. And as it ought to be the continual study of all Good and
Pious Princes, to preserve their People, so certainly it is the Duty of
all Loyal and Faithful Subjects, to maintain the Greatness, and Just
Authority of their Princes; so that without this reciprocal Endeavour,
there can be no Happiness for the Prince, nor Security for the People.
We are sure, Our late Actions in Scotland, will to all posterity be an
acceptable witness of Our Care, in preserving the Liberty of those Our
Subjects, and Our Desire to settle perfect Peace in that Our Kingdom.
And We are also confident, that the many good Acts We have past here
since the Sitting of this Parliament, (indeed denying none but such as
denyed Us any Power at all, and were never so much as demanded from any
of Our Predecessors) will bear the like Testimony of Our Affection to
the Good and Peace of this Kingdom, though the success hath not been
alike. For though We have used Our best Endeavours, to prevent the
present Distractions and threatning Dangers: yet so prevalent have been
the opposers of Us, and the Peace of Our Kingdoms, that not so much
as a Treaty can be obtained, (though by Our several Messages we have
descended to demand and press it) unless upon such Conditions, as would
either by taking all Power of Government from Us, make Us as nothing;
or by forcing Us to quit the Protection of such, as for obeying Us
(according to Law and their Oath of Allegiance) they would have
Traytors, and so make Us do an Act unworthy of a King. Yet so desirous
We are to save Our Subjects Blood, (which cannot but be prodigally
spent, if We be necessitated by force of Arms to decide these unhappy
Differences) that no sooner any such Treaty shall be offered unto Us
by them, (which with Honour and Safety We can receive) but We shall
chearfully embrace it. This We have thought fit to acquaint you with,
that from Our Selves, you may know Our love to Peace, and We doubt not
but your Meeting at this time will produce something which will witness
your tender respect to Our Honour and Safety; and so much We do confide
in your Affections, as We shall absolutely leave the ways and means of
expressing it to your selves. So We bid you heartily farewell.

  From Our Court at Stafford, the
  18ᵗʰ of September.

       *       *       *       *       *

1642.—December 2.

9. _Letter from the King to Hamilton._[311]

  HAMILTON,

Though the Trust of this Bearer[312] needs not a Credential Letter, yet
the Civility of a Friend cannot but under his hand, as well as by word
of mouth, express his Kindness, and resentment of Courtesies; which
of late have been such, that you have given me Just cause to give you
better Thanks, than I will offer at in words. I shall not neglect the
lazie use of so trusty a Bearer, by referring to him, not only the
estate of my Affairs here, but likewise in what way you will be of most
use to Me: yet I cannot but tell you, I have set up my rest upon the
Justice of my Cause, being resolved, that no extremity or misfortune
shall make me yield; for I will be either a _Glorious King_, or a
_Patient Martyr_, and as yet not being the first, nor at this present
apprehending the other, I think it now no unfit time, to express this
my Resolution unto you. One thing more, (which but for the Messenger
were too much trust to Paper) the failing to one Friend hath indeed
gone very near me; wherefore I am resolved, that no Consideration
whatsoever shall ever make me doe the like. Upon this Ground I am
certain, that God hath either so totally forgiven me, that he will
still bless this Good Cause in my Hands; or that all my Punishment
shall be in this World, which without performing what I have resolved,
I cannot flatter my self will end here. This accustomed Freedom will
(I am confident) add chearfulness to your honest Resolutions, seeing
beside Generosity, to which I pretend a little, my Conscience will make
me stick to my Friends, assuring you, I have none if I am not

  Your most assured constant Friend,

  CHARLES R.

  Oxford, 2ᵈ Decemb. 1642.

       *       *       *       *       *

1642.—December 29.

10. _Letter from the King to Hamilton._[313]

  HAMILTON,

You know I am ill at words: I think it were best for me to say to you
(as Mr Major did) _you know my mind_, and indeed I know none of my
Subjects, that knows it better; and having for the present little else
to give my Servants but thanks, I hold it a particular Misfortune that
I can do it no better, therefore this must suffice. I see you are as
good as your word, and you shall find me as good in mine, of being

  Your most assured constant Friend,

  CHARLES R.

  Oxford, December 29ᵗʰ, 1642.

POSTSCRIPT.—You cannot take to your self, nor express to your Brother,
better thanks than I mean to you both, for the Service you did me the
last Council-day.

       *       *       *       *       *

1643.—January.

11. _The Cross Petition._[314]

  MAY IT PLEASE YOUR LORDSHIPS,

That whereas His Majesty, with Advice of his Great Council the Estates
of Parliament, hath been pleased to select your Lordships to be His
Councellours, and hath, by an Act of the late Parliament, committed
to your Lordships the Administration and Government of this Kingdom,
in all Affairs concerning the Good, Peace, and Happiness thereof; and
in regard of that great Trust reposed by His Majesty, and the Estates
of Parliament in you, your Lordships have been and will continue so
careful to acquit your selves of that weighty Charge, as you may be
answerable for all your Actions and Proceedings to his Majesty, and
the Estates of Parliament, to whom, (as we conceive) you are and can
only be accomptable: And now we being informed of a Petition presented
by some Noblemen, Gentlemen and others, to the Commissioners, for
conserving the Articles of the late Treaty, upon pretext of your
Lordships not Sitting at that time, wherein it is represented, that
your Lordships late Warrant for Printing his Majesties Letter hath
occasioned great Grief and heavy Regrate, of all who tender the Glory
of God, His Majesties Honour, and procuring Unity of Religion, and
Uniformity in Church-Government, the continuance of Peace, and Union
betwixt the two Kingdoms, and fearing if at this time, we should be
silent, your Lordships should conceive us, and the rest of the Kingdom,
to be involved with them in the like Desires, Judgements, and Opinions,
and lest by our silence our Gracious Soveraign the Kings Majesty
should believe us wanting in the Duty and Allegiance, which by so
many Tyes and Obligations we owe to Him, our Native King, or that our
Brethren of England should apprehend the least Intention, or Desire
in us, to infringe, or any ways encroach upon the Brotherly Union of
the two Kingdoms, to happily united under one Head; We presume in all
Humility to clear our selves, and our Intentions to your Lordships, and
to all the World, and therewith, to represent our humble Wishes and
Desires, for Establishing His Majesties Royal Authority, and continuing
that happy Union betwixt the two Kingdoms, which can never truely
be conceived to be intended to weaken the Head, whereby it is knit
together, and without which it can have no subsistence.

The happy Union of the two Kingdoms under one Head, our King, doth so
much add to His Majesties Greatness, and Strength of both Kingdoms,
that we British Subjects cannot choose but wish that the said Brotherly
Union be heartily entertained, and cherished by all fair and reasonable
means, to which we conceive no one thing will as much conduce, as
that the late Articles of the Treaty of Peace, and Conclusions taken
thereupon about Unity of Religion, may be carefully and timeously
prosecuted: wherein as our Commissioners then, so we now without
presuming or usurping to prescribe Rules, or Laws of Reformation to our
Neighbour-kingdom (Civil Liberty and Conscience being so tender that
it cannot endure to be touched, but by such as they an wedded to, and
have lawful Authority over them) notwithstanding, seeing the duty of
Charity doth oblige all Christians to pray and profess their Desires,
that all were of the same Religion with themselves, and since we all
acknowledge that Religion is the base and foundation of Kingdoms,
and the strongest Bond to knit the Subjects to their Princes in true
Loyalty, and to knit their Hearts one to another in true Unity, we
cannot but heartily wish, that this work of Union so happily begun, may
be crowned end strengthened by the Unity of Church-Government; and that
your Lordships with us may be pleased to represent it to His Majesty,
and Both Houses of Parliament, as an expression and Testimony of our
Affections to the good of our Brethren in England, and of our Desires
to make firm and stable our Brotherly Union by the strong chain and
Bulwark of Religion; but, as we have said, no ways intending thereby
to pass our bounds, in prescribing, and setting down Rules and Limits
to His Majesty, and the Two Houses of Parliament, their Wisdom and
Authority, in the way of prosecution thereof. The sense we have of the
great Calamities, and irreparable Evils, which upon occasion of these
unhappy Distractions and Mistakes betwixt the Kings Majesty and the Two
Houses of England, (which if not speedily removed cannot but produce
the tearful and prodigious effects of a bloody and Civil War) obligeth
us in the duty of Christians, and as feeling members of what may
concern our Common Head, the Kings Majesty, and the Good and Happiness
of our Brethren of England, humbly to represent to your Lordships,
That as we will not be wanting with our Prayers, and our faithful and
best Endeavours, to assist in the removing of these Unhappy Mistakes
and Misunderstandings: so we heartily wish, and humbly Petition your
Lordships, that from the deepness of your Wisdom such happy Motions may
flow, as upon that tender care of our Soveraigns Person and Authority,
Peace and Truth may be settled in all His Majesties Dominions. Although
we will not presume nor take upon us, to prescribe Laws and Rules to
your Lordships, yet in all Humility we intreat your permission, to
represent such Particulars as we conceive, and are very confident, will
conduce much to the removing of all these Mistakes betwixt His Majesty
and His Two Houses of Parliament, and be a ready mean to facilitate a
happy and wished Peace, and continue the Brotherly Union between the
Two Kingdoms.

And first, that in answering the foresaid Petition your Lordships may
be pleased to do no Act, which may give His Majesty just occasion to
repent him of what Trust he so Graciously expressed (in his letter of
the Date the fifth of December) He reposes in us His Subjects of His
Ancient and Native Kingdom; for we cannot think, that our Brethren in
England, or any other, can believe, that the ground of this Mutual
Union of the two Kingdoms, by the several and respective Unions to our
Prince and Head, should weaken the strong Bond, whereby it is knit,
and by which we are so firmly tied, by so many Ages, and unparalelled
lineal descents of an hundred and seven Kings. Neither can we suppose,
that any good Protestant, or true member of our Church, can imagine,
far less seduce others to believe, that by the late Treaty of Peace, or
Act of Union, we as Scotish Subjects are in any sort liberated from the
Dutiful Obedience, which as Scotishmen we owe to our Scotish King, or
from that due Loyalty, which as Scotish Subjects we owe to our Native
Soveraign, for Maintenance of His Person, Greatness and Authority;
or that thereby, we are in any other Condition in these necessary
Duties to our Soveraign, than we and our Ancestors were, and have been,
these many Ages and Descents, before the making of the said Act, or
before the Swearing and Subscribing of our late Covenant, by which we
have solemnly sworn, and do swear not only our mutual Concurrence,
and Assistance for the cause of Religion, and to the utmost of our
power, with our Means and Lives, to stand to the Defence of our Dread
Soveraign His Person and Authority, in the preservation of Religion,
Liberty, and Laws, of this Church and Kingdom; but also in every Cause,
which may concern His Majesties Honour, we shall according to the Laws
of the Kingdom, and Duty of Subjects, concur with our Friends and
Followers in quiet manner, or in Arms, as we shall be required of His
Majesty, or His Councel, or any having his Authority.

Secondly, That if your Lordships think it fitting, to make any answer
to the Parliament of England their Declaration, your Lordships may
be pleased not to declare, enact, or promise, any thing which may
trouble or molest the Peace of this Kirk and Kingdom; which by Gods
special Grace, and His Majesties Favour and Goodness, we enjoy and
have established unto us according to our Hearts desire, by the Laws
Ecclesiastical or Civil of this Kingdom respective, and which His
Majesty since, by so many Declarations and deep Protestations hath
Sworn to maintain inviolably.

Thirdly, That your Lordships may be pleased to consider, that as
nothing will more diminish His Majesties Greatness, than that this
Kingdom should consume in Civil War; so nothing will more conduce
to the Suppressing of Insolent Papists, malignant, schismatick, and
Disloyal Brownists, and Separatists, the special, if not the sole
promovers of these unhappy Misunderstandings, than that heartily and
freely, without respect of worldly and secondary Considerations, we
give to Christ what is Christ’s, and to Cæsar what is Cæsar’s; by means
whereof, the Truth and Purity of Religion shall be established, to the
utter Confusion of all these Sectaries, true Monarchical Government
firmly setled; by which likewise, Laws and Authority shall retain their
ancient vigour and force, to the Suppression of all Commotions and
tumultuous Conventions, the bane and overthrow of all true Religion and
Policy.

Fourthly, Although there be nothing farther from our minds, than to
presume to question, or crave of your Lordships an account of your
Actions, knowing perfectly by the inviolable Laws and Customes of this
Kingdome, that to be only proper and due to the King and Parliament,
from whence you have that great Charge and Trust delivered unto
you: yet we hope your Lordships will give us leave, in all Humility
to remember your Lordships of your Deliverance, June 1642, and are
confident, that the said Lords, the Petitioners, neither have, nor
shall have, necessity to trouble themselves, nor the Council with
Supplications of this kind, and that your Lordships in your Wisdom will
take some Course for preventing all occasions, which may in any sort
disturb the Peace of this Kingdom, or make Division among the Subjects
thereof.

       *       *       *       *       *

1643.—February.

12. _Answer by the King to the Scots Commissioners at Oxford._[315]

His Majesty commends the Zeal of the Petitioners for the advancement
of the true Reformed Religion, against Heresy, Popery, Sects,
Innovations, and Profanity, and always shall use His best and uttermost
endeavours, for the Advancing the one, and the utter Suppressing the
rest.

For the Unity in Kirk-Government, His Majesty knows, that the
Government now established by the Laws, hath so near a relation and
intermixture with the Civil State, (which may be unknown to the
Petitioners) that till a composed digested Form be presented to him,
upon a free debate by Both Houses of Parliament, whereby the Consent
and Approbation of the whole Kingdom may be had, and He and all His
Subjects may discern what is to be left, or brought in, as well as what
taken away, He knows not how to consent to an Alteration, otherwise
to such an Act for the ease of Tender Consciences, in the matter of
Ceremonies, as His Majesty hath often offered.

And His Majesty hath formerly expressed Himself (and still continues)
willing, that the Debates of Religion may be entred into by a Synod of
Learned and Godly Divines, to be regularly chosen, according to the
Laws and Customs of this Kingdom; to which end His Majesty will be
very willing, that some Learned Divines of the Kirk of Scotland may be
likewise sent to be present, and offer their Reasons and Opinions.

       *       *       *       *       *

1643.—April 19.

13. _Last Answer by the King to the Scots Commissioners._[316]

It is acknowledged by His Majesty, that if any one of the Articles of
Treaty had been broken or violated, (as His Majesty doth not so much as
see pretended) or any Debate or Difference had risen thereupon, (about
which there is now no Dispute) the Commissioners had then been not
only warranted, but obliged to have laboured to prevent all Troubles
and Divisions, which might arise by such a Breach to the disturbance
of the Common Peace, and to remove and compose all such Differences,
according to such Power as was granted to them: but till His Majesty be
satisfied, that Authority (by some Law) is given to the Commissioners
for Conserving the Articles of Treaty, to represent His Majesties
Native Kingdom of Scotland, in this Offer of Mediating for a desired
and blessed Pacification here; His Majesty cannot see how the pious,
dutiful, provident or charitable, Concernment of that Kingdom in the
Calamities of this, or their Sympathy and sense of the Troubles of
their Head, and fellow-Subjects, can interest the Commissioners, any
more than any other of His good Subjects of that Kingdom, to bestir
themselves in Matters of that kind: or why any such Endeavours should
be by any (much less universally) expected from them; so far is he
from seeing that any undeclinable Necessity constrained them to it.
And since the express words of the Act of Pacification it self are,
that the Power of the Commission shall be restrained to the Articles
of Peace concluded in the Treaty, His Majesty cannot but wonder,
whence they can pretend any Obligation or Authority to meddle with, or
press him concerning any such Articles, as are not included, but still
left dependent, how important soever they suppose them to be, (even
to the Common Peace:) And it giving them only liberty to convene to
that effect among themselves, or with the Commissioners chosen by His
Majesty with consent of the Parliament of England, and restraining
them in all their Proceedings to the Power granted to them, in manner
aforesaid and no otherwise, as clearly intending to restrain all Power
that might be pretended to by any Inferences, Analogies or Consequences
(how manifest soever they might appear) and requiring them to consist
of the number of Twelve, and not giving them Power to delegate a
smaller number; His Majesty cannot consent, That that number the Laws
allow not (that is, Three) should address themselves to those the Law
hath not appointed them (this is, Both Houses) not only concerning that
which the Law intrusted not to them, (as a Pacification here) but even
concerning that from which the Law expressly restrains them, that is,
one of the Articles of the Treaty no way concluded, or agreed on, but
expressly reserved by the Parliament to be considered in due time, that
is, in their own time, concerning Church-Government, the intermixture
of which with the Civil State, as His Majesty still conceives to be
very great, and of very high Concernment, and not to be understood by
the Commissioners, who have not the knowledge of the Laws and Policy
of this Kingdom; so His Majesty is confident, (notwithstanding the
Declaration, and Bill abolishing the Order of Bishops) that if they
well knew, how generally any thing of that kind was opposed whilst
the Houses continued full, and how the Major part of both Houses were
absent at the passing of that Declaration and Bill, (in so much that
His Majesty, is credibly informed, that there were not above five Lords
present when the Bill past) and what violent and tumultuous Assemblies
had occasioned so great and unusual Absence, they would be confident,
as he is, that in a full and peaceable Convention of Parliament, Both
Houses will appear to be of the same opinion with His Majesty in this
Particular, and to have in that the same thoughts of the Law and Policy
of this Kingdom.

His Majesties care that the deluge of the Troubles of this Kingdom
affect not that with the danger of the like, is very visible to all
the World. His Majesty out of His great desire of continuing them in
Peace and Tranquillity, not desiring any assistance from them, even
for his own Preservation. And whoever doth desire any Commotion there,
to assist their Rebellious and Invasive Armes here, will (He hopes) be
lookt upon as the Troublers of Peace, and as Incendiaries labouring to
lay foundations of perpetual Hostility betwixt the Two Kingdoms. And
then (for ought His Majesty can see) there will be no cause to expect
any Commotions there, and such Dangers will rather prove imaginary
than real, though the Conservatours of the Treaty contain themselves
within their Legal and proper Bounds. His Majesty wonders, that since
His approbation of their Mediation was desired when His Safe-conduct
was asked, and the first was not given, when the latter was, that it
should not have been easily seen by these Proceedings of His Majesties,
that as He never granted the first, (as seeing no Authority they had
for such a Mediation) so He only at last granted the other, as being
contented to hear what they could say to Him upon that Point, either as
private persons, or to give Him better satisfaction than He could give
Himself, what Right they could pretend to any Publick Capacity of that
kind: but having heard all they have offered, and not finding any thing
that warrants them in this, in any special manner above His Majesties
other Subjects, His Majesty cannot with reason admit of any Private
Persons whatsoever into such a Publick Capacity, nor with His own
Dignity, and that of this Nation, can allow His Subjects of another
Kingdom, not authorized by any Law, to make themselves (under the title
of a Mediation) Umpires and Arbitrators of the Differences here.

For the Calling of a Parliament in Scotland, His Majesty desires
to know what Promise of His it is, which they mention Him to have
particularly expressed to His late Parliament. The Law which His
Majesty then Graciously past concerning that Point, His Majesty well
remembers, (and will justly, punctually, and religiously observe it,
together with all the rest consented to by Him,) that the Parliament
there shall convene upon the first Tuesday of June, 1644. And,
according to the same Act, will appoint one betwixt this and that Day,
if His Majesty shall think fitting; who as He is by that very Law
expressed to be sole Judge of that Convenience, so the Commissioners
are neither by that, nor any other Law, entrusted, or enabled to Judge
thereof.

  At Oxford, 19ᵗʰ of April,
  1643.

       *       *       *       *       *

1643.—April 21.

14. _Letter from Hamilton to the Queen._[317]

  MAY IT PLEASE YOUR MAJESTY,

There is as yet small or no Alteration in the Condition of Affairs in
the Country, since I presumed to trouble Your Majesty last; nor do I
believe there will be any till the fourth of May, at which time it
is probable, the final Resolution of the Council and Commissioners
for Conserving the Articles of the Treaty will be taken. It is still
conceived, that His Majesties absent Servants would be of great use
at that time; and the uncertain knowledge, if they will come or not,
keeps us that are here, from a positive Resolution what course to take
therein; therefore I humbly beseech Your Majesty, let us know if by
appearance we may expect them or not.

There is a general noise, as if the Lord Chancellour and the rest
of the Commissioners, were not only kept as Prisoners, but in some
further Danger. By Mungo Murray Your Majesty was advertised, that
it was conceived fit, that seeing those that sent them had so
positively recalled them against the fourth of May, they should be
dispatched against that Time. In our opinions there was no Danger now
to be apprehended by their Home-coming, but there would arise great
Inconveniences if they should be detained: of that same Judgment we
continue to be still.

We do likewise humbly intreat, that we may know if what was proposed to
Your Majesty by my Lord of Traquair, Mr Murray, and my self, be come
to his Majesties knowledge: and if we may expect the signification of
his Pleasure, against the fourth of May, in these Particulars, which we
exceedingly wish.

By the Lord Montgomery Your Majesty will know, how far the General
hath promised his best Endeavours, that His Majesty shall receive no
prejudice from the Army under his Command in Ireland; the same he hath
confirmed to me with deep Protestations, and truely I take him to be a
man of that Honour that he will perform it.

But the Truth is, it will be a Work of great difficulty to keep these
Men there any time, seeing there is little appearance that Money
will be got from the Parliament of England, and how to raise any
considerable Sum here, as yet we see not; so even in this we desire to
know Your Majesties Pleasure and Directions, what Course will be fitest
to be taken; and if Your Majesty shall find it expedient, that we
engage our Fortunes for their Supply, many of us will do it to the last
Peny, and none more readily than,

  May it please Your Majesty,
  the humblest, most faithful, and most
  obedient, of all Your Majesties Servants,

  HAMILTON.

  Peebles, 21st April,
  1643.

       *       *       *       *       *

1643.—April 21.

15. _Instructions by the King to the Marquis of Hamilton and
others._[318]

CHARLES R.

  Instructions to Our Right Trusty and Well-beloved Cousins and
  Councellours, James Marquis of Hamilton, William Earl of Morton,
  William Earl of Glencairn, Robert Earl of Roxburgh, George Earl of
  Kinnoule, David Earl of Southesk, William Earl of Lanerick.

I. That you endeavour by all fair and lawful Means to prevent Division
among Our Subjects in Scotland.

II. That you give all the Assurances in Our Name which can be desired,
of Our Resolution to preserve inviolably the Government of that
Kingdom, as it is now established by Assemblies and Parliaments.

III. That you take what Courses you shall think most fit, for causing
Print and Publish, either in Scotland or at York, Our Declarations
which We now send with you to that Our Kingdome, and all such other
Papers as We shall hereafter send thither, or which you shall conceive
may conduce to the good of Our Service; and for that purpose, make use
of such Blanks as We have thought fit to entrust you with.

IV. That seeing We perceived by Pickering’s Letters, Our Two Houses
of Parliament intend to send Commissioners or Agents to Scotland, you
shall endeavour by all fair Means, to hinder any of Our Judicatories to
Treat with them, and for that purpose make use of any of the aforesaid
Blanks.

V. That seeing We conceive it would exceedingly conduce to the good of
Our Service, that the Lords of Session would explain the Commission
granted by Us and Our Parliament to the Conservatours of the Treaty,
you shall for that purpose likewise make use of the foresaid Blanks,
either to them all in general, or to such of them in particular as you
shall think most fit.

VI. That you endeavour to hinder the liberty which (possibly) Ministers
may take to themselves in the Pulpits, of Censuring Our Actions, or
stirring up the People against Us, and to that purpose make use of the
said Blanks to the Council or Commissioners of the Assembly, as you
shall think necessary.

VII. That in case you apprehend any danger to Our Service from the
Return of the Scotish Army in Ireland, you shall declare Our readiness,
to contribute any thing which is in Our Power for the Maintenance
thereof, even to the Engaging of Our Revenues in Scotland, for raising
Moneys to be so imployed; and to that end you shall make use of the
foresaid Blanks.

VIII. If you shall find it necessary, you shall likewise make use of
some of the Blanks to the Council, declaring expressly Our Pleasure,
That that Army shall not be recalled until We be acquainted therewith,
and to the Earl of Leven, discharging him to obey any Orders whatsoever
for that end, until he know Our further Pleasure.

IX. If you shall find it necessary, you shall make use of some Blanks
to Our Council, recalling all former Commissions which have been
granted, for Levying and Transporting of Men out of that Kingdom over
to France or Holland.

X. You shall make use of these Blanks to some of Our Council and
Exchequer, for discharging the Arrears, and disposing a plenary Right
of the Annuities to those particular persons that have Petitioned Us
thereabout, and to surcease all execution against all others until the
31ᵗʰ day of August next.

XI. You shall make use of these Blanks to such of Our Council and
others, as you shall find fit, for encouraging them to attend the
Meetings of Our Council, and to continue the Testimonies of their
Affection to Our Service, with assurance of Our Resentment thereof.

XII. We do hereby authorize Our Secretary the Earl of Lanerick, by
your advices to fill up these Blanks, and to Sign them with Our
Court-Signet; and for his and your so doing, this shall be your Warrant.

  C.R.

  From Oxford the 21ᵗʰ April,
  1643.

       *       *       *       *       *

1643.—April 21.

16. _His Majesties Declaration to all his loving Subjects in his
Kingdom of Scotland._[319]

  CHARLES R.

As there hath been no mean left unattempted which the malice and wit
of Rebellion could devise, to infect and poyson the Affections and
Loyalty of Our good Subjects of Our Kingdom of England, and to withdraw
their Hearts from Us by the most pernicious and desperate Calumnies,
that could be invented to under-value and lessen Our Reputation with
Foreign Princes, by Injuries and Affronts upon their Publick Ministers,
and by presuming to send Agents qualified for Negotiation without Our
Consent, and in truth, to expose Us, and Our Royal Authority to Scorn
and Contempt, by assuming a Power over Us; so the pernicious Contrivers
of these bloody Distempers have not delighted in any Art more than in
that, by which they have hoped to stir up Our good Subjects of that
Our Native Kingdome of Scotland to joyn with them, and to infuse in
them a jealousie and disesteem of Our true Affection, and Our Gracious
Intentions towards that Nation. To this purpose they have used great
Industry to convey into that Our Kingdom, and to scatter and disperse
there divers Seditions Pamphlets, framed and contrived against Our
Person and Government, and have sent Agents of their own to reside
there; and to promote their Designs, one of whom, lately resident
there, one Pickering, by his Letters of the 9ᵗʰ of January to Mr Pym,
assures him of the Concurrence of that Kingdom, and that the Ministers
in their Pulpits, do in downright terms press the Taking up of Arms,
and in another of his Letters to Sir John Clotworthy, sayes, that
the Trumpet sounded to the Battel, and all cryed, Arm, Arm, with many
other bold, scandalous, and seditious Passages, very derogatory from
the Duty and Affection, which We are most confident Our good Subjects
of that Our Native Kingdom bear to Us. To this purpose they traduce Us
with raising and making War against Our Parliament, of having an Army
of Papists, and favouring that Religion; of endeavouring to take away
the Liberty and Property of Our Subjects: and upon these grounds they
have presumed by a Publick Declaration to invite Our good Subjects of
Our Kingdom of Scotland to joyn with them, and to take up Arms against
Us their Natural Liege Lord. Lastly, to this purpose they endeavour,
as well in Publick as by secret Insinuations, to beget an apprehension
in them, that if We prevail so far here, as by the blessing of God to
preserve Our self from the Ruine they have designed to Us, the same
will have a dangerous influence upon that Our Kingdom of Scotland, and
the Peace established there; and that Our good Laws lately established
by Us for the Happiness and Welfare of that Our Native Kingdom will
be no longer observed, and maintained by Us, than the same Necessity,
which they say extorted them from Us, hangs upon Us, but that We
will turn all our Forces against them: a Calumny so groundlessly and
impiously raised, that if We were in any degree conscious to Our Self
of such wicked Intentions, We should not only not expect a dutiful
Sense, in that Our Native Kingdom, of Our Sufferings; but should think
Our Selves unworthy of so great Blessings, and eminent Protection as We
have received from the hands of the Almighty, to whom We know We must
yield a dear Accompt for any Breach of Trust, or failing of Our Duty
toward Our People.

But as We have taken special Care, from time to time to inform Our
good Subjects of that Our Native Kingdom of the Occurrences here,
particularly by Our Declaration of the 12th of August, wherein is a
clear, plain Narration of the beginning and progress of Our Sufferings
to that time; so the bold and unwarranted Proceedings of these
Desperate Incendiaries, have been so publick to the World, that Our
good Subjects of Scotland could not but take notice of them, and have
observed, that after We had freely and voluntarily consented to so many
Acts of Parliament, as not only repaired all former Grievances, but
also added whatsoever was proposed to Us, for the future benefit and
security of Our Subjects; insomuch as in truth there wanted nothing
to make the Nation compleatly Happy, but a just sense of their own
excellent Condition, a few discontented, ambitious, and factious
Persons so far prevailed over the Weakness of others, that instead of
receiving that return of Thanks and Acknowledgment, which We expected
and deserved, Our People were poysoned with Seditious and Scandalous
Fears and Jealousies concerning Us; We were encountered with more
unreasonable and importunate Demands, and at last were driven through
Force and Tumults to flee from Our City of London, for the Safety of
Our Life. After which We were still pursued with unheard-of Insolences
and Indignities, and such Members of either House as refused to joyn
in these unjustifiable Resolutions, were driven from these Councils,
contrary to the Freedom and Liberty of Parliament, insomuch that above
four parts of five of that Assembly was likewise forced, and are still
kept from thence; Our Forts, Towns, Ships, and Arms, were taken from
Us, Our Money, Rents, and Revenues, seized and detained; and that then
a powerful and formidable Army was raised and conducted against Us, (a
good part of which was raised and mustered, before We had given Our
Commissions for Raising One Man) that all this time We never deny’d
any one thing, but what by the known Law was unquestionably Our Own;
That We earnestly desired and pressed a Treaty, so that We might but
know at what price We might prevent the Miseries and Desolation that
were threatened; That this was absolutely and scornfully refused and
rejected, and We compelled with the assistance of such of Our good
Subjects as came to Our Succour, to make use of Our Defensive Arms
for the Safety of Our Life, and Preservation of Our Posterity. What
passed since that, Battel hath been given Us, Our Own Person and Our
Children endeavoured to be destroyed, those unheard-of Pressures have
been exercised upon Our poor Subjects by Rapine, Plundering, and
Imprisonment, and that Confusion which is since brought upon the whole
excellent Frame of the Government of this Kingdome, is the Discourse
of Christendom. We are very far from making a War with or against Our
Parliament, of which We Our Selves are an essential part: Our principal
Quarrel is for the Priviledges of Parliament, as well those of the
Two Houses as Our Own; if a few Persons had not, by Arts and Force,
first awed, and then driven away the rest, these Differences had never
arisen, much less had they never come to so bloudy a Decision. We have
often accused those Persons against whom Our Quarrel is, and desired to
bring them to no other Trial than that of the Law of the Land, by which
they ought to be tried. As We have been compelled to take up these
Defensive Arms for the Safety of Our Life, assaulted by Rebellious
Arms, the Defence of the true Reformed Protestant Religion, scornfully
invaded by Brownists, Anabaptists, and other Independent Sectaries,
(who in truth are the principal Authors, and sole Fomenters of this
unnatural Civil War) for the Maintenance of the Liberty and Property
of the Subjects, maliciously violated by a vast unlimited Arbitrary
Power, and for the Preservation of the Right, Dignity, and Privileges
of Parliament, almost destroyed by Tumults and Faction: so what hath
by Violence been taken from Us, being restored, and the Freedom of
Meeting in Parliament being secured, We have lately offered (though We
have not been thought worthy of an Answer) to Disband Our Army, and
leave all Differences to the Tryal of a full and peaceable Convention
in Parliament, and We cannot from Our Soul desire any Blessing from
Heaven more, than We do a peaceable and happy End of these unnatural
Distractions.

For the malicious groundless aspersion of having an Army of Papists;
though in the Condition and Strait to which We are brought, no man had
reason to wonder if We received assistance from any of Our Subjects of
what Religion soever, who by the Laws of the Land are bound to perform
all offices of Duty and Allegeance to Us; yet it is well known, that We
took all possible Care, by Our Proclamations, to inhibit any of that
Religion to repair to Us, which was precisely and strictly observed
(notwithstanding even all that time We were traduced as being attended
by none but Papists, when in a Month together there hath not been one
Papist near Our Court) though great numbers of that Religion have been
with great alacrity entertained by that Rebellious Army against Us, and
others have been seduced, to whom we had formerly denied Imployment, as
appears by the examination of many Prisoners, of whom We have taken
Twenty and Thirty at a time, of one Troop or Company, of that Religion.
What Our Opinion is of that Religion, Our frequent Solemn Protestations
before Almighty God, who knows Our Heart, do manifest to the World;
And what Our Practice is in Religion, is not unknown to Our good
Subjects of that Our Native Kingdom. And as We have omitted no way, Our
Conscience and Understanding could suggest, to be for the promoting
and advancing the Protestant Religion; so We have professed Our
readiness in a full and peaceable Convention of Parliament, to consent
to whatsoever shall be proposed by Bill, for the better Discovery and
speedier Conviction of Recusants, for the Education of the Children of
Papists by Protestants in the Protestant Religion, for the prevention
of the Practices of Papists against the State, and the due Execution
of the Laws, and true Levying of Penalties against them; so We shall
further embrace any just Christian Means to Suppress Popery in all Our
Dominions, of which Inclination and Resolution of Ours, that Our Native
Kingdom hath received good evidence.

For the other malicious and wicked Insinuations, that Our Success here
upon the Rebellious Armies raised to destroy Us, will have an influence
upon Our Kingdom of Scotland, and that We will endeavour to get loose
from those wholsom Laws which have been enacted by Us there, We can
say no more, but Our good Subjects of that Kingdom well remember,
with what Deliberation, Our Self being present at all the Debates,
We consented to these Acts: and We do assure Our Subjects there, and
call God Almighty to witness of the uprightness and resolution of Our
Heart in that point, that We shall always use Our utmost Endeavours,
to defend and maintain the Rights and Liberties of that Our Native
Kingdom, according to the Laws established there, and shall no longer
look for Obedience, than We shall govern by the Laws. And We hope that
Our zeal and carriage, only in Defence of the Laws and Government of
this Kingdom, and the subjecting Our Self to so great hazard and danger
will be no argument, that when the Work is done, We would pass through
the same Difficulties to alter, and invade the Constitutions of that
Our other Kingdom. We find disadvantages enough to struggle with in the
Defence of the most upright, innocent, just Cause of Taking up Arms;
and therefore, if We wanted the Conscience, we cannot the Discretion to
tempt God in an unjust Quarrel. The Laws of Our Kingdom shall be always
Sacred to Us; We shall refuse no hazard to defend them, but sure We
shall run none to invade them.

And therefore We do conjure all Our good Subjects of that Our Native
Kingdom, by the long happy and uninterrupted Government of Us, and Our
Royal Progenitors over them, by the Memory of those many large and
publick Blessings they enjoyed under Our dear Father, by those ample
Favours and Benefits they have received from Us, by their Own Solemn
National Covenant, and their Obligation of Friendship and Brotherhood
with the Kingdom of England, not to suffer themselves to be misled and
corrupted in their Affections and Duty to Us, by the cunning Malice
and Industry of those Incendiaries and their Adherents, but to resist
and look upon them, as Persons who would involve them in their Guilt,
and sacrifice the Honour, Fidelity and Allegiance, of that Our Native
Kingdom, to their private Ends and Ambition. And We require Our good
Subjects there, to consider that the Persons who have contrived,
fomented, and do still maintain these bloody Distractions, and this
unnatural Civil War, what pretence so ever they make of their Care
of the true Reformed Protestant Religion, are in truth Brownists and
Anabaptists and other Independent Sectaries; and though they seem to
desire an Uniformity of Church-Government with Our Kingdom of Scotland,
do no more intend, and are so far from allowing the Church-Government
by Law established there (or indeed any Church-Government whatsoever)
as they are from consenting to the Episcopal: and We cannot but expect
greater sense of Our Sufferings, since the obligations We have laid
on that Our Native Kingdom, are used as arguments against Us here,
and Our free consenting to some Acts of Grace and Favour there (which
were asked of Us by reason of Our necessary residence from thence)
have encouraged ill-affected Persons, to endeavour by Force to obtain
the same here where We usually reside. To conclude, We cannot think
that Our good Subjects there will so far hearken to the Treason and
Malice of Our Enemies, as to interrupt their own present Peace and
Happiness; and God so deal with Us and Our posterity, as We shall
inviolably observe the Laws and Statutes of that Our Native Kingdom,
and the Protestations We have so often made, for the Defence of the
true Reformed Protestant Religion, the Laws of the Land, and the Just
Priviledges and Freedom of Parliaments.

       *       *       *       *       *

1643.—May 12.

17. _Letter from the Privy Council to the King._[320]

MOST DREAD SOVEREIGN,

The extreme necessity of the Army, sent from this Kingdom by Order
from Your Majesty and the Parliament here, against the Rebellion in
Ireland; the want of Means for their necessary Supply, through the not
payment of the Arrears and Maintenance due to them by the Parliament
of England; the delay of the Payment of the Brotherly Assistance, so
necessary for the relief of the Common Burdens of this Kingdom, by
reason of the unhappy Distractions in England, and the sense of the
danger of Religion, of Your Majesties Royal Person, and of the Common
Peace of Your Kingdoms, have moved Your Majesties Privy Council, the
Commissioners for conserving the Peace and Common Burdens, to joyn
together in a Common Meeting, for acquitting our selves in the Trust
committed to us by Your Majesty and the Estates of Parliament; and
having found after long Debate, and mature Deliberation, that the
Matters before-mentioned are of so Publick Concernment, of so deep
Importance, and so great Weight, that they cannot be determined by us,
in such a way, and with such hope of Success, as may give satisfaction
to Your Majesty, serve for the good of this Your Majesties Kingdom,
and as may make us answerable to the Trust committed to us by Your
Majesties Parliament; We have been constrained to crave the advice and
resolution of a Convention of the Estates to meet June 22ᵗʰ, which,
as according to the obligation and duty of our Places we are bound
to shew Your Majesty, so do we humbly intreat, that against the Time
agreed upon by Common Consent, Your Majesty may be Graciously pleased
to acquaint us with Your Pleasure and Commandments, that Matters may be
so determined, as may most serve for the Honour of God, Your Majesties
Service, and Well of Your Kingdomes; which now is, and ever shall be,
the earnest desire and constant endeavour of

  Your Majesties faithful and humble
  Subjects and Servants,

  Lowdon, _Cancellarius_,

  Leven,
  Argyle,
  Cassilis,
  Dalhousy,
  Lauderdale,
  Balmerino,
  Yester,
  Burghley,
  Balcarres,
  Gibson-Dury,
  T. Myrton,
  Tho. Hope,
  A. Johnstoun,
  T. Hepburne,
  J. Hamilton,
  J. Home,
  T. Wauchop,
  T. Raffrerland,
  T. Bruce,
  J. Smith,
  Edward Edgar,
  J. Binny,
  W. Glendoning,
  Hugh Kennedy,
  G. Gourdon.

  Edinburgh, 12th May,
  1643.

       *       *       *       *       *

1643.—May 18.

18. _Lanerick’s Account of Affairs to His Majesty._[321]

MAY IT PLEASE YOUR MAJESTY,

I shall here Humbly presume to let Your Majesty know, that before
any of Your Scotish Servants, who lately parted with Your Majesty
at Oxford, could possibly come hither, the Chancellour had made his
Report to the Council and Conservatours of the Treaty, and Mr Henderson
to the Commissioners of the General Assembly, of their Employments
to Your Majesty, where Your Answers to their Desires were found not
satisfactory, and thereafter Your Majesties Council, Commissioners
for the Treaty and Common Burdens, having joyned together for giving
of Security, for such Moneys as should be levyed, for the Maintenance
of Your Majesties Scotish Army in Ireland, they thought fit (without
admitting of any delay until Your Majesties Pleasure were known)
to call a Convention of the Estates, as their several Acts and
Proclamations to that effect (here inclosed) will more particularly
shew Your Majesty.

And for the present Your Majesties Servants, who came lately hither,
having only met with three or four of those whom Your Majesty appointed
them to consult with, have thought fit to advise with some others
of the same Affection and Forwardness to Your Majesties Service,
before they presume to give Your Majesty any advice upon the present
Occasions, being matters of so great Weight, and so highly concerning
Your Majesties Service: but they have taken the readiest and most
speedy Course they can think upon, for Meeting and Consulting with
them; and thereafter are immediately to return hither, from whence
they will with all diligence offer unto Your Majesty their humble
Opinion. In the mean time I have dispatched Your Majesties Letters to
such Noblemen and Burroughs, as your Majesty was pleased to direct me,
shewing Your Resolution of preserving here what you have been pleased
so Graciously to establish in Church and State, not having been able
to deliver Your Majesties Letter to Your Council, who were dissolved
before my coming, and my Lord Chancellour is gone out of Town, without
whose Appointment there can be no extraordinary Meeting; so that I
believe Your Majesties Gracious Declaration to Your Scotish Subjects
cannot be published before that time; nor till then can I be able to
give Your Majesty any further account of Your Affairs here, though
in the mean time I shall study to serve Your Majesty faithfully,
according to the Duty of Your Majesties

  Most humble and most faithful, and most
    obedient Subject and Servant,

  Edinburgh, 18ᵗʰ May, 1643.  LANERICK.

       *       *       *       *       *

1643.—May 22.

19. _Letter from the King to the Council anent the Convention._[322]

  CHARLES R.

  Right Trusty and Right well-beloved Cousins and Councellours, and
  Right Trusty and well-beloved Councellours, We Greet you well.

We are much surprized at Your Letter of the 12ᵗʰ of this Moneth,
whereby it seems you have given order for the Calling of a Convention
of the Estates of that Our Kingdom without Our Privity or Authority:
which, as it is a business We see no reason for at present, and that
hath never been done before but in the Minority of the Kings of
Scotland, without their Consent; so We cannot by any means approve of
it, and therefore We command you to take order that there be no such
Meeting, till you give Us full satisfaction of the Reasons for it.

Given at Our Court at Oxford, 22ᵗʰ May, 1643.

       *       *       *       *       *

1643.—May 22.

20. _Letter from the King to Lanerick._[323]

  CHARLES R.

  Right Trusty, and Right well-beloved Cousin and Councellour, We Greet
  you well.

We have herewith sent you Copies not only of the Letters We lately
received from Scotland, but also of Our several Letters to Our
Chancellour and Council there, the Originals whereof We leave to your
Discretion, to deliver and make use of as you shall find best for Our
Advantage: but for the Business it self, We have heretofore so fully
declared to you Our Own Opinion therein, as We need say no more of that
Subject to you.

We observe in the Letter to Us, that there are but eleven Councellours
Names to it, and that none of those that are best-affected have
subscribed it; and We find that as great, or a greater number of
Councellours, Persons of great Quality, Place, and Trust, have not
subscribed to it.

Given at Our Court, at Oxford,

  22ᵗʰ of May, 1643.

       *       *       *       *       *

1643.—May 29.

21. _Letter from the King to Lanerick._[324]

  CHARLES R.

  Right Trusty, and Right well-beloved Cousin and Councellour, We Greet
  you well.

The Earl of Lindsay coming hither from London, hath assured us, that
the Cause of the Two Houses sending into Scotland, to have the Lords
that went hence sequestred, was, the Intercepting of their Letter sent
to Our Dearest Consort, the Queen, and nothing else.

We perceive by the Copy of the Resolutions you sent Us, with what
Prudence, and Loyal Courage, your Brother Hamilton and the Lord
Advocate opposed at Council there, the Order for Calling a Convention
of the Estates for which We would hare you to give them Our particular
Thanks. You and others of Our Council there, know well, how injurious
the Calling of a Convention of Estates, without Our Consent, is to our
Honour and Dignity Royal; and as it imports Us, so We desire all Our
well-affected Servants to hinder it what they may; but shall leave it
to them, to take therein such Course, as they shall there upon advice
conceive best, without prescribing any way, or giving any particular
Directions. If notwithstanding Our Refusal, and the endeavours of
our well-affected Subjects and Servants to hinder it, there shall
be a Convention of the Estates, then We wish that all those who are
right-affected to Us, should be present at it; but to do nothing there,
but only Protest against their Meeting and Actions. We have so fully
instructed this Bearer, that for all other Matters We shall refer you
to his Relation, whereto We would have you to give credit.

  Given at our Court at Oxford, the
  29ᵗʰ of May, 1643.

       *       *       *       *       *

1643.—June 5.

22. _Message to the King from his Friends in Scotland._[325]

A Convention was indicted by the Chancellour, and such others of the
Council as have signed His Majesties Letter thereabout, with the
Advice and Concurrence of the Committees for conserving the Treaty and
Common Burdens to be kept at Edinburgh the 22ᵗʰ of June: whereby it is
conceived His Majesty suffers exceedingly in His Regal Authority, in
the Calling thereof without his Special Warrant. A Proclamation for
the Indicting thereof is likewise issued forth in His Majesties Name,
expressing a danger to Religion, His Majesties Person, and the Peace of
this Kingdom, from Papists in Arms in England, which in that appears to
be contrary to His late Declaration sent to Scotland.

Hereupon divers Noblemen and Gentlemen well-affected to His Majesties
Service met at Edinburgh, and after three or four days Debate,
considering the exigency of Time, the present posture of Affairs, and
the disposition and inclination of the People of this Country, did
not conceive it fitting, that His Majesty should absolutely discharge
that Meeting, (which certainly would be kept notwithstanding of any
Discharge from Him, which would both bring His Authority in greater
Contempt, and lose more of the Affections of the People, whereby the
Power of His Majesties Servants would be lessened) but rather that
His Majesty should so far take notice of the Illegal Calling thereof,
and His Own Suffering thereby, that the same remaining upon Record
may be an evidence to posterity, that this act of theirs can infer
no such Precedent for the like in the future; but afterwards His
Majesty, or His Successors, may legally question the same. And that His
Majesties Servants here may be better enabled, and strengthened with
the assistance of others of His Majesties faithful Subjects, who truly
and really intend nothing but the Security of Religion as it is here
established, and are altogether averse from and against the Raising
of Arms, or Bringing over the Scotish Army in Ireland, whereby His
Majesties Affairs, or their own Peace may be disturbed—they conceive
it fit, that His Majesty should permit this Convention to Treat, and
conclude upon such Particulars, as may secure their Fears from any
danger of Religion at home, without interesting themselves in the
Government of the Church of England. And in respect that the Two Houses
of Parliament have not sent Supplies for Entertaining the Scotish Army
in Ireland, whereby they may have some colour or ground for recalling
them, it is conceived necessary, that this Convention should have
a Power from His Majesty, to advise and resolve upon all fair and
Legal wayes for Entertaining the said Army still in Ireland, and for
recovering payment of the Brotherly Assistance: providing always, that
in the doing thereof no Resolution be taken for Levying of Forces, or
doing any Act, whereby this Kingdom, or any part thereof, may be put
in a posture of War, or under any pretence to bring over the Scotish
Army in Ireland, or any part thereof, without special Warrant from His
Majesty; wherewith if such as shall meet at this Convention rest not
satisfied, His Majesties Servants here are resolved to Protest, and
adhere to these Grounds, and to oppose all other derogatory to His
Majesties Authority, or prejudicial to His Service.

       *       *       *       *       *

1543.—June 10.

23. _The King’s Letter to the Convention of Estates._[326]

  CHARLES R.

  Right Trusty, and well-beloved Cousins and Councellours, &c.

We have received a Letter dated the 22ᵗʰ of May, and signed by some
of Our Council, some of the Commissioners for Conserving the Articles
of the late Treaty, and of the Commissioners for the Common Burdens:
and though it seem strange unto Us, that those Committees should Sign
in an equal Power with Our Council, especially about that which is so
absolutely without the limits of their Commissions; yet We were more
surprized with the Conclusions taken at their Meetings, of Calling
a Convention of the Estates without Our special Warrant, wherein
Our Royal Power and Authority is so highly concerned, as that We
cannot pass by the same, without expressing how sensible We are of so
Unwarrantable a way of Proceeding; and if We did not prefer to Our Own
unquestionable Right the Preservation of the present happy Peace within
that Our Kingdom, no other Consideration could move Us to pass by the
just Resentment of Our Own Interest therein. But when we consider to
what Miseries and Extremities Our Scotish Army in Ireland is reduced,
by reason that the Conditions agreed unto by Our Houses of Parliament
for their Maintenance, are not performed; and likewise the great and
heavy Burdens, which We are informed Our Native Kingdom lies under, by
the not timely payment of the Remainder of the Brotherly Assistance due
from England, contrary to the Articles of the late Treaty; and withall
remembring the Industry, which We know hath been used upon groundless
Pretences, to possess Our Scotish Subjects with an Opinion, that if God
should so bless Us here in England, as to protect Us from the Malice of
Our Enemies, Religion, and the now-established Government of Our Native
Kingdom, would be in danger: We (laying aside all Consideration of
Our Own particular) resolve on Our part, to endeavour by all possible
means to prevent all colour or ground of Division betwixt Us and
Our good Subjects of Scotland; and therefore do permit you to Meet,
Consult, and Conclude upon the best and readiest ways of Supplying
the present wants of Our Scotish Army in Ireland, and providing for
their future Entertainment there, until some solid Course be taken
for recovering of the Arrears due to them, and for their constant
Pay in time coming, according to the Conditions agreed upon in the
Treaty; as also to advise upon the best way of Relieving the Publick
Burdens of that Our Kingdom of Scotland, by pressing, by all fair
and lawful means, a speedy Payment of the Remainder of the Brotherly
Assistance due from England; as likewise to prevent the Practices of
such as study to entertain in this Our Kingdom groundless Jealousies
and Fears of Innovation of Religion or Government, the Preservation
whereof (according to Our many Solemn Protestations) shall ever be most
Sacred to Us; providing always, that in doing these things, nothing be
done which may tend to the Raising of Arms, or Recalling Our Scotish
Army, or any part thereof, from Ireland, but by Order from Us, and
Our Two Houses of Parliament, according to the Treaty agreed upon to
that effect: and We do require you, to limit your Consultations and
Conclusions to the foresaid Particulars. And as by this, and many other
Our former Acts of Grace, and Favour to that Our Native Kingdom, it
clearly appears how desirous We are of preserving their Affections,
and preventing all occasions of Mistakes betwixt Us and them; so We do
expect, that your Proceedings at this time will be such, as may shew
your tender Care of Us and Our Greatness, which by so many Oaths and
Obligations you are tied to preserve.

  Given at Our Court at Oxford,
      the 10ᵗʰ of June, 1643.

       *       *       *       *       *

24. _List of Documents bearing reference to the Church, from the 8th
November 1641 to the 2d November 1643._

The importance and consequences of the proceedings in the Convention of
Estates and General Assembly, which were held in Scotland in the summer
and autumn of the year 1643, render it proper to supply a considerable
number of collateral documents connected with the movements of these
bodies; and, amongst other sources of information, the Register of
Privy Council has been consulted for this purpose. There are some
Minutes, &c., in that record, which it is unnecessary to transcribe
fully. In order, however, to present a connected view of recorded
occurrences from the most authentic source, it seems expedient to
prefix, in chronological order, the titles and dates of the several
minutes of meetings at which important deliberations took place; and,
for this purpose, there is subjoined a note of these, from the time
that the Privy Council was new modelled, in 1641, till the close of the
year 1643. This will serve as a key to the reader in the perusal of the
other documents referable to the period, which are subjoined, and thus
preserve a distinct impression of the series of events connected with
the Acts of the Church.

1641.

_November 8._ Admission of Councillors named by the King, with consent
of the Estates.—Archibald Primrose’s admission as Clerk of Council.

1642.

_April 9._ The Parliament of England’s Declaration to the Council of
Scotland.—His Majestie’s Instructions anent the Declaration foresaid.
_April 22._ Declaration to the King and Parliament of England.

_May 20._ His Majestie’s Declaration for maintenance of true
religion.—Declaration of the Parliament of England to the Council.

_Ultimo Maii._ Petition of Noblemen anent troubles, &c.

_June 1._ The Council’s Answer to the Petition.

_June 2._ The Council’s Answer to the King’s Majesty.—Act ordaining the
husband to be answerable for his wyff being a Papist, and several Acts
against Papists.

_July 12._ The Earl of Leven admitted General.

_August 18._ The Council’s desire to the Parliament for unity of
religion in the three kingdoms.—Commission for Kirk Discipline.

_September 21._ Answer of the Parliament anent unity of Religion, (vide
Acts.)—His Majesty’s Letter anent the stay of the Commissioners in
London, and Answer of Council thereto.

_September 29._ The Council’s Reply to the Parliament of England.

_November 3._ His Majesty’s Letter anent joining with the Parliament in
Kirk Government.

_November 25._ Parliament of England’s Declaration of the 20th October.

_December 20._ Parliament of England’s Declaration of 7th November.—His
Majesty’s Letter concerning the said Declaration.—Not fitting to print
the Parliament’s Declaration.

1643.

_January 10._ Anent printing of papers—“it was resolved, that the
printing is no approbation.”

_January 13._ Petition from the Commissioners of the Kirk.

_January 17._ Recommendation to the Commissioners of the Kirk anent
concurring with the Commissioners of the Peace to the King’s Majesty to
remove Episcopacy.

_January 19._ Petition from the Kirk.

_February 16._ Anent the Petition against the annuities of Tithes.

_March 29._ Horning against Excommunicants.

_May 12._ Indiction of a Convention upon the 22d of June.—Marquis
of Hamilton’s Declaration, that no meeting of the Estates be called
without his Majesty’s Special Warrant had to that effect.—The Lord
Advocate’s Declaration adhering thereto.—Letter to his Majesty
concerning the Convention.

_June 1._ His Majesty’s Missive and Declaration, 21st April.—Lord
Chancellor’s Declaration.

_ June 20._ Production of the Treaty anent Ireland.

_October 18._ Act for subscribing the Mutual League.

_November 2._ Covenant subscribed (Solemn League and Covenant) by
Councillors. THE

GENERAL ASSEMBLY,

AT EDINBURGH, 1644.


The Acts of the General Assembly of 1643 having now been presented
to the consideration of the reader, not only in the most approved
record of them by that Assembly itself, but illustrated by the hand of
Baillie, we now proceed to notice the political and military events
with which they were connected, and which, indeed, derived their chief
characteristics from the spirit that animated the Church Assemblies of
the period.

The most important document that emanated from the Assembly of 1643 was
the Solemn League and Covenant, which became thenceforward the grand
pivot on which all the affairs in Church and State of both kingdoms
turned. Immediately after being sanctioned by the Assembly, it was
carried to London for the concurrence of the English Parliament and
Westminster Convention of Divines, which had been convoked without
the Royal sanction. It was presented to both Houses of the English
Parliament on the 28th of August, and to the Assembly of Divines; and,
after some discussion, it was approved by the Westminster Assembly,
and by the House of Commons, the members of which were ordained to
subscribe it, and all the people required to sign it, under the penalty
of being deemed “malignants.” It was subsequently, on 25th September,
1643, signed and sworn to by both Houses of Parliament, the Westminster
Divines, the Scotch Commissioners, and a multitude of others, with
circumstances of great ceremony and religious manifestations, in
St Margaret’s Chapel, Westminster, and with this sanction returned
to Scotland, where it was hailed as a symbol of national triumph.
The 13th of October was appointed for its final adoption; and the
Commission of the Church, the Committee of the Estates, and the English
Commissioners assembled in one of the churches of Edinburgh, and, with
the usual devotional solemnities, and many indications of gladness, it
was signed and sworn to by these parties. On the 22d of October, the
Committee of Estates issued an edict, requiring all the subjects of
Scotland to subscribe, and threatening the recusants with punishment
as enemies of religion, of his Majesty’s honour, and of the peace
of the kingdoms. The Lords of the Scotch Council were imperatively
commanded to appear on the 2d of November, and take the new Covenant;
and Hamilton, Lanerick, and others, having failed to give obedience to
these mandates, they were proclaimed enemies to God, to the King, and
to the country; their estates were confiscated, and soldiers sent to
seize their persons, and put to death all who might oppose them in the
performance of this task. The proscribed parties, in some instances
fled, but many were constrained to comply with these ordinances.

In pursuance of this League, the Scotch proceeded to aid by the sword
in the extirpation of Popery and Prelacy in England; and before the
end of November, 1643, the Scottish army was again in full force under
the command of old Leslie, now Earl of Leven, as General; Baillie,
Lieutenant-General of foot; and David Leslie as Lieutenant-General of
horse. On the 19th of January, 1644, this army, consisting of 18,000
foot, and 3,500 horse, raised their camp at Hairlaw, near Berwick, and
once more crossed the Tweed and entered England. It is unnecessary to
follow the course of military operations in England; but, on the 30th
of January, 1644, a manifesto, in name of both kingdoms thus united
in arms against their sovereign, was promulgated, declaring that their
armament was sent to the field in defence of the religion, liberties,
and laws of both kingdoms, against the Popish, Prelatical, and
malignant party.[327] And thus had the Presbyterian clergy of Scotland,
with the co-operation of a large portion of its aristocracy, and the
Puritans and Republicans of England, attained such an influence, by
means of their League and Covenant, that they may safely be affirmed
to have swayed the destinies of these kingdoms in the beginning of
the year 1644; and the Commissioners from the Kirk to the Assembly at
Westminster were enabled to transmit accounts, on the 20th of May,
to the General Assembly, which met at Edinburgh on the 30th of that
month, that could not fail to gratify their most sanguine wishes with
respect to the extirpation of Prelacy, and all its appurtenances in
England.[328] Baillie’s “Confidential Letters,” too, throw much light
upon the arcana of the arrangements in the Westminster Assembly—the
doctrinal standards of which are deserving of record, as still forming
a part and parcel of the constitution of the Church of Scotland at the
present day.

The Scottish Estates met in a few days after the Assembly convened,
viz. on the 4th of June; and an abstract of the civil statutes
applicable to our subject and the period, will be found among our
illustrative documents.




THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY, CONVEENED AT EDINBURGH, MAY 29, 1644.


Die Jovis penult. Maii.—Sess. II.

_The Letter from the Presbyterie with the Army in England to the
Generall Assembly._

RIGHT REVEREND,

  Having the opportunity of the sitting of this Venerable Assembly,
  we thought our selves obliged to render some accompt of the estate
  of our Affairs. It hath pleased the Lord to exercise us since our
  out-coming, with many straits and difficulties, yet in the midst
  thereof he hath wonderfully upheld and carried us through. The depth
  of his wisedome hath suspended us for a time from any great action,
  to make us walk humbly before him, and to keep us in a continuall
  dependance upon himself: And yet he hath by his own power scattered
  before us the great Popish Army, and much diminished the number
  thereof, so that they do not now appeare against us in the Fields;
  that all may learne to trust in GOD, and not in Man. It was farre
  from our thoughts and intentions to have come this length at that
  instant when the course of Divine Providence pointed out our way unto
  us, which led us on by some long and speedie marches to joyne with my
  Lord Fairfax and his Sonne their Forces. The City of York, wherein a
  swarme of obstinate Papists have taken sanctuary, is blocked up; now
  and then God favoureth us with successe in some enterprises about it,
  and we look for more if the time be come which he hath appointed for
  the deliverance of this People.

  Our Soules do abhorre the treacherous attempts of our disnatured
  Countrey-men, that have endeavoured to make their native Kingdome a
  seat of Warre, and our bowels within us are moved to think upon the
  maine mischiefs, if not tymeously prevented, that may follow upon the
  unnaturall Warres there; like unto these under which this Kingdome
  hath groaned for a long time. We have found none more malicious and
  cruell against us than these of our own Nation, and we measure those
  at home, by these here: Cursed be their rage, for it is fierce, and
  their anger for it is cruell. The present danger calls upon all to
  lay out of their hands what ever may hinder their haste, as one Man
  to come together for saving the Vine-yard that the wilde Boares
  would lay waste, and taking the Foxes that would destroy the Vines.
  You are, right Reverend, now set upon the highest Watch-tower, from
  whence you may discover the dangers that threaten on all coasts,
  and wee need not put you in minde to give warning to the Watch-men
  in their severall stations; to rouze up the People from their too
  great security; to call them to unfeigned Humiliation, and to stirre
  them up to wrestle with GOD by prayers that hee would preserve Truth
  and Peace at home against the machinations of Malignants; that hee
  would prepare the People here, and make them more fit to embrace the
  intended Reformation; and that hee would command these unnaturall and
  bloudy Warres to cease, that Religion and Righteousness may flourish
  through the three Dominions, Praying GOD to send upon you the Spirit
  of truth, who may lead you in all truth. We remaine

  Your loving Brethren, the Presbyterie of the Scottish Army in England,
  Master ROBERT DOUGLAS,
  Moderator, in their name.
  Middle-thorp, 20 Maii, 1644.


  _The Petition from the distressed Christians in the North of Ireland._

  To the Reverend and Honourable Moderator and remanent Members of the
  Generall Assembly of Scotland, conveened at Edinburgh, in May, 1644.
  The humble Petition of the distressed Christians in the North of
  Ireland,

_Humbly sheweth_,

That whereas your former enlarged bounty, and our present overflowing
straits would require a gratefull acknowledgement of the one, and a
serious representation of the other: Our case is such, as neither can
be expected at our hands, being stricken with astonishment, and full
of the furie of the Lord. We are these indeed who have seen affliction
by the rod of his wrath: So that it were more fit, we had a Cottage
in the Wildernesse amongst the Owles to mourn out our imbittered
Spirits, then that by word or writ we should compeere before any of
his People: Although you cannot be wearied in wel-doing, yet we shall
no way think it strange, if now you shall give over any more care of
us; Seeing the Lord hath testified against us, and the Almighty hath
afflicted us. Your judgement is with the Lord, and your reward is
with God, not onely for your two years visiting and watering a barren
vineyard, but also for your zeale and care to have your Reformation
spred amongst other opprest and borne-down Churches, whereof you have
given an ample and famous testimony in sending hither that blessed
League and Covenant which wee much desired and longed for, as by our
Petitions to the Church and State of our Native Kingdome is knowne unto
you; which hath had a wished and gracious successe by the favour and
blessing of God, accompanying the pains of these to whom the tendering
thereof was intrusted by you. And we conceiving a chief part of our
miserie to consist in our want of opportunitie to joyne our selves
with the People of God in the foresaid League; Esteeming our selves
rejected of God and unfit to be joyned in any comfortable fellowship in
the Gospel with them, when the said League and Covenant was presented
to the Regiments; Wee made bold to lay hold upon the opportunity
(though afflicted abjects) and cheerfully and unanimously joined our
selves thereunto: That if wee perish in our misery, wee may die a
Covenanted People; and, if our miserable life be prolonged, we may
finde shelter and refreshment under the shadow thereof in our fierie
trials, confidently expecting from the Lord by our neerer conjunction
with you than of before, an accomplishment of what is agreed into
the Covenant, which ye bountifully expressed before we were one with
you, to your never-dying-commendation. We are nothing shaken in our
minds with the odious aspersions of sedition, combination against the
King, and overthrow of Municipal Laws, &c. (wherewith our Covenant
is branded) nor with the threats of these who should be comfortable
to us in our troubles: But are the more encouraged to beleeve that
God shall raise up the Tabernacle of David that is fallen, and repair
the breaches thereof: For, since we Covenanted with God, and united
our selves together, our dying Spirits have revived, and we sing like
these who have come forth from their Graves, for God hath had mercy on
Jacob: In testimony whereof he hath opened the bowels of the Churches
of Holland, who were strangers to us, and yet dear Brethren, and tender
Sympathizers with our afflictions and sorrows, who, when these who were
left of the Sword were in danger to dye by famine, did plentifully
relieve us in our straits, not onely by comfortable encouragements
to walk humbly with God, and wait for him who hides his face from
the house of Jacob for a season; but also by their rich supply in
Victuals and others necessar for our relief and comfort, which we
humbly desire our Lord to repay seven-fold in their bosome, and become
your Supplicants to joyne with us in a gratefull acknowledgement of
their singular favours: And upon the heels of these favours you have
continued your unparalelled compassions in keeping your forces and
enabling them, together with the other Forces, for avenging the cruell
murders, and effusion of Christian blood in this Land, notwithstanding
of your owne multiplied difficulties. The Lord hath begun to delight
into us, and in a day of salvation hath helped us (So happy are the
people who are in Covenant with God.) We are these (indeed) who may
justly be burnt up for our unfruitfulnesse in the days of our plenty,
and stubbornesse in the dayes of our affliction, which hath brought us
so low, that where we once enjoyed a blessed plenty, we must now beg
of the crumbs that fall from your Table: Wee cannot dissemble, but so
farre as we can discern our owne hearts, we would preferre the joyfull
sound of the Gospel to our much wished Peace and precious lives: But
it may be discerned, your Consultations of before have been guided by
the Spirit of the Lord; in that when wee twice in our forward hasting
desires begged the present loosing and planting of some Ministers
amongst us, you judged it more convenient to supply us by turnes, as
foreseeing that our captivity was likely to endure: Our hopes are so
far revived, that we trust to see the day when he shall take the Cup
of trembling out of our hands, and put it in the hands of them that
afflicted us.

And therefore, if you account us fellow-partners of the Purchased
Inheritance, Yet again suffer our necessitie to plead with you, that as
it hath been by the Committee of Bils already advised, that a competent
number of Ministers may be gifted to us by your Commission when they
shall see the Calling cleared, the same may be granted as a testimony
of your confidence, and expectation of our delivery; And in the meane
time some others may be sent by turnes to keep in the dying lives of
above twenty foure desolate Congregations, who are in danger to perish
for want of Vision: And although we do professe, we count not ourselves
worthy of such favours, yet as we have resolved to dye with the cry of
hope in our mouthes to the Lords Throne; So in obedience of the use of
the means by him appointed, we stretch out our hearts and our hands
to you for help, and have sent our Brother William Mackenna, Merchant
at Belfast, to attend what answer it shall please the Lord by you to
returne unto

Your distressed Brethren and Supplicants.

  _Subscribed by very many hands._


3 Junii, 1644. Antemeridiem. Sess. V.

_Act for the present Entrie of the new erected Presbyterie at Biggar._

The which day anent the Supplication subscribed and given in to the
Generall Assembly by the Ministers and ruling Elders of the Kirks of
Biggar, Skirling, Brochton, Glenquhome, Kelbocho, Culter, Lamyngtoun,
Symontoun, Covingtoun, Quothquen, Welstoun, and Dolphingtoun, making
mention, That the Generall Assembly at Edinburgh in August 1643
years, by their Act of the date of the twelfth day of the samine
moneth and year, did upon good grounds, and after tryall and hearing
of all Parties to the full, erect a Presbyterie seat at Biggar, to
consist of the Kirks above-written; And granted to their Presbyterie
full power of jurisdiction and exerceing Discipline, with all other
Liberties and Priviledges belonging to any other Presbyterie; but
suspended the entrie and possession of this new erected Presbyterie,
during the pleasure of the Assembly: And therefore desiring the said
Generall Assembly to ordaine and appoint the entrie and possession of
the foresaid Presbyterie at Biggar, now presently; And to Declare,
that it is their pleasure, that the entrie and possession thereof
shall be no longer suspended, as the Supplication proports. Which
Supplication being read in audience of the Generall Assembly, and
thereafter the Commissioners from the Presbyteries of Lanerk and
Peebles, and all others having entresse to oppose the desire foresaid
being publickly called, and the saids Commissioners for Peebles and
Lanerk personally present, being at length heard in what they could
say or alledge therein: And the said Supplication and desire thereof,
with the Alledgeances and Objections made against the samine, being
taken to consideration by the Assembly, and they therewith being
fully and ripely advised: The Assembly after removing of the Parties,
and after consideration of the premisses and voycing of the foresaid
desire, Ordaines the entrie and possession of the foresaid Presbyterie
of Biggar, consisting of the particular Kirks above-mentioned, to
begin now presently; And appoints and ordaines all the Ministers and
Ruling Elders of the foresaids Kirks above specified, whereof the said
Presbyterie consists, to meet and conveene as a Presbyterie, with all
conveniencie, at the said Kirk of Biggar, which is the Place and Seat
of the samine Presbyterie. And the Assembly refers to the Commissioners
to be appointed by them for the publick affairs of the Kirk, to
determine to what Synod this the said new erected Presbyterie shall be
subordinate; As also to prescribe the order and solemnities that shall
be necessar for entring and possessing the Ministers and Elders in the
said Presbyterie.


Junii 3, 1644. Sess. VI.

_Act concerning the Declaration subscribed by the Scottish Lords at
Oxford._

The Generall Assembly having received a Copy of a Declaration, made and
subscribed at Oxford, sent unto them from the honourable Convention
of Estates, and having seriously considered the tenour thereof, doth
finde the same to be a perfidious Band and unnaturall confederacy,
to bring this Kirk and Kingdome to confusion, and to be full of
blasphemies against the late Solemne League and Covenant of the three
Kingdomes, of vile aspersions of Treason, Rebellion and Sedition, most
falsly and impudently imputed to the Estates and the most faithfull
and loyall Subjects of these Kingdomes: And seeing it is incumbent
to the Assembly to take notice thereof, and to stop the course of
these malicious intentions, in so farre as concernes them, Declare
that the subscribers of this or the like Declaration or Band, or any
that have been accessory to the framing, or that has been, or shall
be accessory to the execution thereof, deserve the highest censure
of the Kirk: And therefore gives power to the Commissioners of this
Assembly appointed for the publick affairs, to proceed against them to
the sentence of Excommunication, unlesse they make humble confession
of their offence publickly, in such manner, and in such places as
the Commission shall prescribe; Or otherwise to refer the tryall and
censure of such Delinquents to Presbyteries or Synods as they shall
think convenient. And when the sentence of Excommunication shall
be pronounced, discharges Presbyteries or Synods to relax any from
the sentence, without the advice of the Generall Assembly, or their
Commissioners, _nisi in extremis_. And in respect of the atrocitie of
this Fact, the Assembly in all humility, do seriously recommend to the
right honourable the Estates of Parliament to take such course, as
the persons that shall be found guilty, may be exemplarly punished,
according to the merit of so unnaturall and impious an offence: And
that some publick note of ignominie be put upon the Declaration and
Band it self, if their Honours shall think it meet.


_Act against the Rebells in the North and South._

The Generall Assembly considering the just sentence pronounced against
the principall Actors in that Rebellion in the North and South, by
ordinance of the Commissioners of the late Assembly; And finding it
most necessary, that such as assisted or joyned with them in that
impious and unnaturall Fact, be likewise censured; Therefore ordains
Presbyteries and Synods respective, to proceed against them with
the highest Censures of the Kirk, if they give not satisfaction by
publick repentance: And when the sentence of Excommunication shall be
pronounced, The Assembly discharges the said Judicatories to relax any
of them from the sentence, without the advice of the Generall Assembly,
or their Commissioners, _nisi in extremis_: To whom also the saids
Presbyteries and Synods shall be answerable for their diligence in
the premisses as they shall be required. And the Assembly doth humbly
recommend to the Honourable Estates of Parliament, to take such course
as the Persons that shall be found guilty may be exemplarly punished
according to the merit and degree of their offence.


_Act against Secret Disaffecters of the Covenant._

The Generall Assembly understanding that divers Persons dis-affected
to the Nationall Covenant of this Kirk, and to the Solemne League
and Covenant of the three Kingdoms, do escape their just censure,
either by their private and unconstant abode in any one Congregation,
or by secret conveyance of their malignant speeches and practises:
Therefore ordains all Ministers to take speciall notice when any such
Person shall come within their Paroches, and so soon as they shall
know the same, that without delay they cause warn them to appear
before the Presbyteries within which their Paroches lyes, or before
the Commissioners of this Assembly appointed for publick affairs, as
they shall finde most convenient; which warning the Assembly declares
shall be a sufficient citation unto them: And als that all Ministers
and Elders delate to the saids Judicatories respective, every such
dis-affected Person, although without their own Paroch, so soon as
they shall hear and be informed of them. And the Assembly ordains
the saids Commissioners not only to proceed to Tryal and Censure of
such disaffected Persons, but also to take a special account of the
diligence of Ministers, Elders, and Presbyteries herein respective.


_Act for sending Ministers to the Armie._

The Assembly understanding that Ministers are not duly sent forth to
the Regiments of the Army, neither such as are sent duly relieved,
which neglect falleth out oftimes, by reason of questions among
Presbyteries interessed in the Regiments: Therefore for remedy hereof,
thinks it convenient that this order be keeped hereafter; That a
List be made of three Ministers by the Colonels, or in their absence
the chief Officers of every Regiment, with advice and consent of the
Presbyterie at the Army, and sent to Presbyteries here, or if the
list be of Ministers in divers Presbyteries to the Commissioners of
the General Assembly, that they may appoint one out of that list to
be sent to the Regiment, to attend them for performing Ministeriall
duties 3 Moneths: And that the relief of Ministers already sent or
to be sent hereafter shall be in the same manner. And the Assembly
ordains Ministers who shall be thus appointed by Presbyteries or the
Commissioners of the Assembly respective, to repair to the Armie with
all diligence, under the paine of suspension: And humbly recommends to
the Honourable Estates of Parliament, to provide some way whereby these
Ministers may have due and ready payment of their allowance, from the
time of their going from their charges here. And it is declared that
this order shall be also keeped for sending forth of Ministers to the
Regiments in the second expedition.


_Renovation of the Commission for the Publick affairs of the Kirk._

The Generall Assembly considering that the Commissioners appointed
by the last Assembly upon the ninteenth day of August 1643 years,
the last Session thereof to sit at Edinburgh for the Publick affairs
of the Kirk, have not yet fully perfected that great Work for Unitie
of Religion, and Uniformitie of Kirk-Government in his Majesties
Dominions; And that now in respect of the present condition of
affairs in this Kingdome, their proceedings cannot be examined at
this time: Therefore finding it necessar that the said Commission be
renewed unto the Commissioners therein mentioned, and to the Persons
afternamed now thought fit to be added for the better expediting of
the businesse; Do hereby appoint the Persons particularly nominate in
the said Commission, viz. Masters Andrew Ramsay, Alexander Henderson,
Robert Douglas, William Colvill, William Bennet, George Gillespie,
John Oiswald, Mungo Law, John Adamson, John Sharp, James Sharp,
William Dalgleish, David Calderwood, Andrew Blackhall, James Fleeming,
Robert Ker, John Macghie, Oliver Colt, Hugh Campbell, Adam Penman,
Richard Dickson, Andrew Stevinson, John Lawder, Robert Blair, Samuel
Rutherford, Arthur Mortoun, Robert Traill, Frederick Carmichael, John
Smith, Patrick Gillespie, John Duncan, John Hume, Robert Knox, William
Jameson, Robert Murray, Henry Guthrie, James Hamiltoun in Dumfreis,
Bernard Sanderson, John Levingstoun, James Bonar, Evan Camron, David
Dickson, Robert Bailzie, James Cuninghame, George Young, Andrew
Affleck, David Lindsay, Andrew Cant, William Douglas, Murdo Mackeinzie,
Coline Mackeinzie, John Monroe, Walter Stuart, _Ministers_; Archibald
Marquesse of Argyle, William Earle Marshall, John Earle of Sutherland,
Alexander Earle of Eglintoun, John Earle of Cassils, Charles Earle
of Dumfermeling, John Earle of Lauderdale, John Earle of Lindsay,
James Earle of Queensberry, William Earle of Dalhousie, Archibald
Lord Angus, James Vicount of Dudhope, John Lord Maitland, David Lord
Elcho, John Lord Balmerinoch, James Lord Cowper, Sir Patrick Hepburne
of Waughtoun, Sir Archbald Johnstoun of Waristoun, Sir David Hume of
Wedderburne, Sir Alexander Areskine of Dun, Sir William Cockburne of
Langtoun, Sir Thomas Ruthven of Frieland, Sir James Arnot of Fernie,
Sir Walter Riddall of that Ilk, Sir Lodovick Houstoun of that Ilk,
Sir William Carmichael fiar of that Ilk, Master George Douglas of
Bonjedburgh, Master George Winrame of Libertoun, Laird of Brodie, Sir
John Smith, James Dunnistoun, Master Robert Barclay, John Rutherford,
William Glendunning, John Sempill, John Kennedy, and Master Alexander
Douglas, _Elders_: And also Masters David Dalgleish, Andrew Bennet,
John Moncreiff, Alexander Carse, Thomas Wilkie, James Guthrie, Henry
Levingstoun, David Drummond at Creiff, John Hay at Renfrew, John
Strang, Richard Inglis, William Falconer, John Paterson, Gilbert Rosse,
Richard Maitland, George Cumming, William Campbel, _Ministers_, And
William Earle of Glancairne, William Earle of Louthian, James Lord
Murray of Gask, John Lord Yester, Robert Maitland, Frederick Lyon
of Brigtoun, James Macdowell of Garthland, David Beton of Creich,
Sir James Stuart Sheriff of Buit, Sir John Weemes of Bogie, Master
William Sandilands Tutor of Torphichin, Archibald Sydserfe, Laurence
Henderson, James Stuart, Thomas Paterson, and Alexander Jaffray,
_Elders_, now added by this Assembly, to meet at Edinburgh upon the
fifth day of this instant moneth of June, and upon the last Wednesday
of August next, the last Wednesday of November next, and upon the
last Wednesday of February next; and upon any other day, or in any
other place they shall think meet: Giving and granting unto them, or
any fifteen of them, there being twelve Ministers present, full power
and commission to prosecute the said work of unitie in Religion, and
uniformitie of Kirk-government in all his Majesties Dominions, and to
do and performe all things particularly or generally contained in the
said Commission of the preceding Assembly, or in an Act of the said
Assembly upon the said 19 day of August, intituled, “A Reference to
the Commission anent the Persons designed to repair to the Kingdome of
England,” and to treat and determine therin, and in all other matters
referred unto them by this Assembly, siclike, and as freely, as if
all these were herein expressed, and as the persons nominat in the
said former Commission might have done by vertue of the said Act and
former Commission at any time by-gone, and with as ample power as any
Commission of former Generall Assemblies hath had, or been in use of
before, they being alwayes comptable and censurable for their whole
proceedings hereintill by the next Generall Assembly.


_Renovation of the Commission granted to the Persons appointed to
repair to the Kingdome of England._

The Generall Assembly, finding that the great Work of unity in
Religion, and uniformity of Kirk-government in all his Majesties
Dominions is not yet perfected, Do therefore renew the Commission
granted for that effect by the preceding Assembly, unto the Persons
appointed to repair to the Kingdome of England upon the 19 day of
August 1643, in the last Session thereof, Giving and granting to the
persons therein mentioned, the same power, to do all and every thing
particularly or generally contained in the said Commission, in the same
manner, and as fully, as if the same were herein expressed, and as they
might have done at any time by-gone by vertue of the former Commission.


_The Assemblies Answer to the Presbyterie with the Armie._

Reverend and loving Brethren in the LORD,

We received yours of the 17 and 20 of May, and were much refreshed
with the knowledge you gave unto us therein, of your sense of our
condition here, and of the Lords dealing with your selves there in your
straits and difficulties: We rejoyce exceedingly to see you make such
a blessed use of the Lords delayes, for your further Humiliation and
Dependence upon him: That Sanctuary, your Enemies, and the Enemies of
your GOD hath taken, shall not save them: You have found by experience
in your marches and maintenance, that events are not ordered by the
propositions of men, but by the Providence and purpose of GOD. There
is a time for every purpose under Heaven, and the Cup of the Amorites
must be filled: Which being now full of every abomination, yea of the
blood of the Saints, the cry whereof cannot but be heard in Heaven, and
answered on Earth, presageth no lesse to us, than that the Lords time
of his deliverance of his own, and destruction of his Enemies draweth
near.

We are not unsensible of your present estate, and by the Lords grace
shall be carefull, both here and with our Congregations at home, to
make all take the same to heart. As for our condition here remembred
with such pious affection by you, we doubt not but ye have heard
what the Lord hath done for us; these happy beginnings of the Lords
scattering our unnaturall Enemies in the North, gives us confidence of
his assistance in the midst of difficulties against these that assault
us in the South: It is nothing with the Lord to help whether with many,
or with them that have no power.

The security of this Nation indeed is great, it is our part to blow
the Trumpet to give warning to the People, and to rouze them from that
fearfull condition which threateneth so much desertion. And to this
end we have injoyned a solemne Fast, the causes whereof being more
particularly considered by our Commissioners here, will no question be
sent unto you, that if the Lord please, you may joyne with us there in
that Action.

Wee have set down an order to be kept hereafter, for sending Ministers
unto the Armie, which the Clerk will send herewith unto you. Now the
Lord our GOD, in whose Name his people go forth against his Enemies,
help and assist them, and cover their heads in the Day of Battell, and
be their Refuge; and blesse your travels and endeavours, for the good
of their souls and his own glory.

  _Subscribed in name of the Generall
  Assembly by the Moderator._

  Edinburgh, 3 June, 1644.


4 June, 1644. Sess. VII.

_The Letter from the Commissioners at London to the Generall Assembly._

Right Honourable, Reverend, and Beloved in the LORD,

IT was the earnest desire of our hearts to have come unto you at this
time, and to have brought with us the desireable fruits of our weighty
imployments and labours, to our common rejoycing in the mids of so many
troubles both here and there: but our Lord in his wisedome hath not
judged it fitting, that this should be the time of our joyfull harvest,
and of bringing our sheaves, to be matter of sacrifice to himself, and
of shouting to us. Both Nations as yet doe but go forth weeping and
bearing their precious seed; yet are we confident through JESUS CHRIST,
that as it is a seed-time, if the Labourers (although other men before
us have laboured, and we are entred into their labours) prove faithfull
unto the end, the harvest shall come in due time, and in great plenty.

The common Directory for publick Worship in the Kirks of the three
Kingdomes is so begun (which we did make known to the Commissioners
of the Generall Assembly) that we could not think upon any particular
Directory for our own Kirk, and yet is not so far perfected, that
wee could present any part thereof unto your view: for although wee
have exhibited unto the Grand Committee (which is composed of some
of the Members of both Houses, and of the Assembly, with our selves)
the materials of the publick Prayers of the Kirk, the method of
Preaching, and the order of administration of both Sacraments, and have
the Catechisme in hand; yet are they not throughly examined by the
Committee, nor at all by the Assembly or Parliament, which we cannot
impute to any neglect or unwillingnesse, but to the multiplicity and
weight of their affairs, by which they are sore pressed, and above
their power.

The Directory for Ordination of Ministers (which upon the extreme
exigence of this Kirk was much pressed by the Parliament) is agreed
upon by the Committee and Assembly, and some dayes past is presented
to both Houses, but hath not yet passed their Vote. The Assembly
hath been long in debate about the Officers and Government of the
Kirk (concerning which, we offered the two Papers which wee drew up,
according to the practice of our own, and other Reformed Kirks, and
so neere as we could conceive, to the minde of the Generall Assembly,
and did send to the Commissioners of the Generall Assembly) and hath
passed many votes about the one and the other, but hath not broght
their thoughts to such ripenesse and perfection, that they could think
upon the publishing of them, or presenting them to your sight, nor
is it in their power to do so, without warrant of Parliament. Your
wisedome will consider that they are not a Generall Assembly, but some
select Persons, called by Authority to give their advice in matters
of Religion, that they walk in a way which hath not been troden by
this Nation before this time, that many things seeme new unto them,
and cannot obtain their assent, till they see them clearly warranted
by the Word of GOD; That matters of the Government of the Kirk have
been much controverted here, and the prejudices against Presbyteriall
Government are many and great; That the two extremes of Prelacie and
Independencie, which latter is the generall claime of all Sects and
Sectaries, have prevailed most in this Kirk, and no other thing known
by the multitude but the one or the other; That such as look toward
the Government of the Reformed Kirks, finde a mighty party within
and without opposing them; And that Reformation and Uniformitie must
therefore be a work so full of difficulty, that the hand of the most
high GOD, which is now begun to be stretched out in this Land, must
bring it to passe.

There was also presented to the Assembly, a new Paraphrase of the
Psalmes in English Meeter, which was well liked of, and commended by
some of the Members of the Assembly; But because we conceived that one
Psalme Book in all the three Kingdomes was a point of Uniformity much
to be desired, we took the boldnes (although we had no such expresse
and particular Commission) to oppose the present allowing thereof,
till the Kirk of Scotland should be acquainted with it; and therefore
have we now sent an essay thereof in some Psalmes. We have also sent
another Specimen in Print, done by some Ministers of the City. Your
wisedome hes to consider, whether it be meet to examine them by your
Commissioners there, that their judgements be sent up unto the Assembly
here, both about the generall of Uniformity in this point, and about
the particular way of effecting it, whether by either of these two, or
by any other Paraphrase, or by changing some expressions in the books
now in use, which is aymed at by the first of these two.

As we cannot but admire the good hand of GOD in the great things
done here already, particularly; That the Covenant (the foundation
of the whole Work) is taken, Prelacie and the whole train thereof,
extirpated; The Service-Book in many places forsaken, plain and
powerfull preaching set up; Many Colledges in Cambridge provided with
such Ministers, as are most zealous of the best Reformation; Altars
removed; The Communion in some places given at the Table with sitting;
The great Organs at Pauls and of Peters in Westminster taken down;
Images and many other Monuments of Idolatry defaced and abolished; The
Chappel-royal at Whitehal purged and reformed; and all by Authority in
a quiet manner at noon day, without tumult: So have we from so notable
experience, joyned with the promises of the Word, sufficient ground of
confidence, that GOD will perfect this Work against all opposition,
and of encouragement for us all to be faithfull in the Work of GOD,
which is carried on by his mighty Hand, that no man can oppose it, but
he must be seen fighting against GOD. It is unto us no small matter of
comfort, that we have heard of no Minister of the Gospel (except such
as the Kirk hath rejected) joyning with the Malignants there, in their
ungodly and unnaturall afflicting of that Kingdome, while they are
endeavouring the relief of the afflicted in this Kingdome; and we pray
and hope, that they may carefully keep the unity of the Spirit in the
bond of peace, and walk worthy both of their holy calling, and of the
great Work, which the Lord is working by his own weak servants in Kirk
and Policy.

Be pleased to receive a Letter from the Assembly, unto which you
will return such an answer as shall seem good unto your wisedome,
and withall (which is our humble desire) some word of your thankfull
acknowledgement of the respect and favours done by them unto us.

We have at all occasions since our coming hither, acquainted the
Commission with our proceedings, and by the help of God, shall be
industrious in obeying your directions and theirs, during our abode
here, which through the power and blessing of God, bringing the affairs
of his own Church to a peaceable and blessed successe, wee wish may be
for a short time, and unto which your fervent prayers through Christ
may be very effectuall, which therefore is the humble and earnest
desire of

Your affectionate fellow-labouring and fellow-feeling Brethren in the
Work of the Lord,

  ALEX. HENDERSON,
  SAM. RUTHERFURD,
  ROBERT BAILLIE,
  GEORGE GILLESPIE,
  JO. MAITLAND.

  Worcester house,
  London, May 20, 1644.


_The Letter from the Synod of Divines in the Kirk of England, to the
Generall Assembly._

Right Honourable, right Reverend, and dearly beloved Brethren in JESUS
CHRIST,

The blessing and comfort of that inviolable Union which our gracious
GOD hath vouchsafed to both Churches and Nations, gave us opportunity
the last year, to breath out some of our sighs into your compassionate
bosomes: And such have been the soundings of your bowels, as have
offered violence to Heaven by your effectuall fervent prayers, and
brought many sweet refreshings to our languishing spirits by your pious
and comfortable Letters, in answer to ours.

This makes us studious of all means of acknowledging your tender
Sympathie, and of laying hold on all opportunities of repairing
again to the same streams of consolation: for which end, as we
cannot but confesse, that in the midst of those boysterous waves
wherein we have been daily tossed, wee have met with many gracious
and unexpected encouragements: so we must needs renew our former
mournings, and rend our hearts afresh unto you, with greatest instance
for all the assistance that your Prayers, Tears, Learning, Piety, and
Largenesse of heart can possibly contribute to your poor afflicted and
still-conflicting Brethren: And this we the rather beg of you, who,
having bin first in the furnace of affliction, and are come out of
great tribulation, are meetest to commiserate, and best able to comfort
others in any trouble, by the comforts wherewith you your selves have
been comforted of GOD.

It was in our desires to have presented to your Venerable Assembly,
some of our dearest respects in writing, by that eminently learned
and much honored Commissioner of yours, the Lord Waristoun: But his
departure hence was so sudden to us, and unexpected by us, that we
could not have time (as his Lordship can inform you) to tender by
him such a testimony of our Brotherly and intimate affections, as
may in some measure suite with your manifold and most affectionate
expressions toward us, when our sighings were many, and our hearts
faint: For such hath been your love, that no waters can quench it,
and such the undertakings of the whole Kingdome of Scotland, through
your furtherance, that we already begin to reap the fruits of all that
Piety, Prudence, and Valour, which at this day render your Nation
worthily renowned in the Christian World; and us, exceedingly straitned
and restlesse in our selves, untill GOD please to open a way for our
endeavours, to make some more answerable returnes.

Toward this, our thoughts and hopes were to have made, ere now,
some proceedings of our Assembly legible in yours. But such are the
continued distractions which lye upon our spirits, by means of the sad
and bleeding condition of this Kingdome, as have cast us much behinde
our own expectations, and hindred that expedition which the necessities
of this Nation, and the desires of our Brethren abroad, do earnestly
call for at our hands.

Sometimes through GODS goodnesse wee have a prosperous Gale: Sometimes
againe, we saile like Paul and his company, very slowly many dayes. And
even then, when wee draw near the fair Havens, some contrary Windes put
us out into the Deep again. We walk in paths that have hitherto been
untrodden by any Assembly in this Church: We therefore are inforced
to spend more time in our inquiries, and in seeking of GOD a right
way for us, that at length we may put into that high way, the way of
holinesse, wherein Wayfaring men, though fools, shall not erre: And we
will wait upon our GOD (before whom we have been this Day humbling of
our Souls) untill he lead us into all these Truths which we seek after;
and we shall labour to be yet more vile in our own eyes, as finding by
experience that it is not in man to direct his way.

Those Winds which for a while do trouble the Aire, do withall purge and
refine it: And our trust is that through the most wise Providence and
blessing of GOD, the Truth by our so long continued agitations, will be
better cleared among us, and so our service will prove more acceptable
to all the Churches of Christ, but more especially to you, while we
have an intentive eye to our peculiar Protestation, and to that publick
Sacred Covenant entred into by both the Kingdomes, for Uniformity in
all his Majesties Dominions.

Which Work we carry on (against what ever difficulties are cast in our
way) with more ease and comfort, by the great sedulity and seasonable
assistance wee daily receive from your Noble and Reverend Commissioners
sitting among us: Their Prudence will (we doubt not) sufficiently
furnish you with more particular information touching our affairs: And
here, we cannot but acknowledge that the assidious presence of these
our learned and highly-esteemed Brethren among us, and their free and
faithfull contributing of their counsels to us, doe oblige us much to
a double duty; the one of Thanks, which we now heartily render to you,
for sending to us such excellent Helpers; the other of Request, which
wee earnestly make for their continuance with us, untill the Work bee
brought up to the finishing Cubite.

Now, the Great Master-Builder (without whose Almighty concurrence,
the Builders labour but in vain) accomplish and perfect all his own
glorious Work in your hands, and in ours also, to his own Glory, the
peace and edification of all the Churches, and the comfort of our
selves over all our travels and sufferings.

  Your most affectionate Brethren and servants
  in the LORD, by the direction, and in the
  Name of this whole Assembly,

  WILLIAM TWISSE, _Prolocutor_.
  CORNELIUS BURGES, _Assessor_.
  HENRY ROBROUGH, _Scriba_.
  ADONIRAM BYFIELD, _Scriba_.

  Westminster, May 17, 1644.


The Generall Assemblies Answer, to the right Reverend the Assembly of
Divines in the Kirk of England.

Right Honourable, right Reverend, and most dearly beloved in our LORD,

We do thankfully acknowledge your respectfull remembrance of us by your
Letters at all occasions; and not a little rejoyce to see that happie
correspondence and Christian communion so sweetly entertained amongst
us, which is so acceptable in the sight of the Lord, so pleasant and
profitable, especially when kept and entertained betwixt Kirks and
Kingdomes about affairs of highest and most publick concernment and
interest: We have nothing more in our desires than to entertain that
harmonious correspondence, that Christian sympathie and compassion,
that sounding and resounding of bowels, which well beseemeth Kirks and
Nations, united by a solemn League and sacred Covenant, for mutuall
endeavours, by all lawfull means, to a further unitie in that Faith
once delivered to the Saints, and greater Uniformitie in Divine
Worship, Discipline, and Government, according to the Paterne.

The case and condition of your bleeding Kingdome is no lesse sensible
to us, than if our selves were in affliction with you; but we trust all
is working to your best, and to our Lords glory: That some of you hes
fallen, it is to try you, purge you, and make you white: If the Lord
by those means be with that Reformation of his Ordinances, bringing
also alongst that other Reformation of hearts and lives, should it not
be welcomed with all joy, although it bee upon the expence of blood
and lives? The Lord will turn the bygone rage of Man to his glory
and your spiritual good, the remnant of rage will hee restraine. The
Lord delivereth his owne by degrees; _he is with them in trouble, and
delivereth them, and honoureth them_; He who hath been sensibly with
you hitherto, and upholden you in your trouble, will, we trust, yet
deliver you, and honour you: The more ye sow in teares, the greater
shall be your harvest of peace and joy, when the Lord, according to
the dayes wherein he hath afflicted you, and the years wherein ye have
seen evill, shall make you glad, and his Work to appeare unto you, and
his glory unto your children, and the beautie of the Lord your God to
be upon you, and shall establish the work of your hands; yea, even
establish the work of your hands.

We should prove both unthankfull to God, and unfaithfull to men, did
we not hold out unto you the Lords gracious and powerfull dealing
with us in the like condition, and comfort you with the consolations
wherewith wee our selves have been comforted: We were involved in the
like difficulties; we had the strong opposition of highest Authoritie
set over two powerful Kingdoms, beside this of ours; and the unhappy
providence of our wickedly-wise and wary Prelates, had done what in
them lay, to make the Ministery of this Land sworn Enemies to the
intended Reformation: So that we walked in a very wildernesse, in a
labyrinth, and as upon deep waters, wherein not onely did our feet lose
footing, but also our eyes all discovering or discerning of any ground;
yea, wee were ready to lose our selves: Yet the Lord hath graciously
rid us, and recovered us out of all these difficulties, and set our
feet upon a rock, and ordered our goings. The experience wee have had
in our own persons, affoordeth us confidence and hope concerning your
affaires; and wee trust this hope shall not be disappointed; it is our
duety to hope upon experience, and it is the Lords word and promise,
that such an hope shall not be ashamed. It cannot choose but beget
confidence in you, when yee shall consider, that ye have seen before
your eyes your neighbouring Ship of this Kirk and Kingdome, having
(as it were) loosed from your side, in the like or self-same storms,
notwithstanding all tossing of windes and waves, yet (_not by might,
nor by power, but by the Spirit of the Lord of hosts_) to have arrived
safe and sound to the Port and Harberie; yea, and to have dared to put
out again unto the storm, to contribute her weak endeavours for your
help.

We acknowledge your impediments to be great and many; the sufferings
of your Brethren, the People of GOD, cannot choose but both damp your
spirits, and divide your thoughts: Your walking in an untrodden and
unknown way, must put you (though never so willing to go on speedily,
yet) to take time and leisure to ask for the right way; and you want
not the opposition of some amongst your selves, to whom notwithstanding
we trust the Lord will reveale his truth in his own time. Neverthelesse
(much honoured and dear Brethren) go on couragiously against the
stream of all opposition; every Mountain in the Way of Zerubbabel,
the Lord shall make plain; and as many of you as are perfect, be thus
minded, that forgetting the things that are behinde, and looking to the
things that are before, you presse hard towards the mark, as having
before you, not onely the prize of the high calling and recompence of
reward, but also at the end of this race, these two precious Pearls and
inestimable Jewels of Truth and Unity, and all the Reformed Churches
beholding and looking on, not onely as witnesses, but also being ready
to congratulate and embrace you.

We were greatly refreshed to hear by Letters from our Commissioners
there with you, and by a more particular relation from the Lord
Waristoun now with us, of your praise-worthy proceedings, and of the
great good things the Lord hath wrought among you, and for you: Shall
it seem a small thing in our eyes, that the Covenant (the foundation
of the whole Work) is taken? That that Antichristian Prelacy with all
the traine thereof is extirpate? That the door of a right entrie unto
faithful Shepherds is opened; many corruptions, as Altars, Images,
and other Monuments of Idolatry and Superstition removed, defaced
and abolished; the Service-Book in many places forsaken, and plaine
and powerfull preaching set up; the great Organs at Pauls and Peters
taken down; That the Royal Chappell is purged and reformed, Sacraments
sincerely administrate, and according to the paterne in the Mount;
That your Colledges, the Seminaries of your Kirk, are planted with
able and sincere Professors? That the good hand of GOD hath called and
kept together so many pious, grave, and learned Divines for so long a
time, and disposed their hearts to search his Truth by their frequent
Humiliations, continuall Prayers, and learned and peaceable debates?
Should not all and each one of these stir up our souls to blesse the
Lord, and render both you and us confident, that he who hath begun
the good Work, will perfect it, and put the Cope-stone upon it; That
the beauty of a perfected Worke may shine to all Nations, and we may
say and shout, _Grace, grace, unto it_; that the time may be when
full liberty and leasure shall be to all the Builders of the House of
GOD, to give themselves with both their hands to the building up and
edifying the people of GOD in these things that belong to life and
Godlinesse, to the making of them wise to salvation, and throughly
furnished to every good work, and when the Lord shall delight to dwell
more familiarly, and to work more powerfully in, and by his throughly
purified ordinances? That you, afflicted and tossed with tempests and
not comforted, shall have your stones laid with fair Colours, your
foundations with Saphires, your Children shall be taught of GOD, and
shall have great peace, and no Weapon framed against you shall prosper,
and every tongue that riseth against you in Judgement shall bee
condemned; That the Lord will awake as in the ancient dayes, as in the
generation of old; That the Redeemed of the Lord shall come unto Zion
with singing, and sorrow and mourning shall flee away.

And as we are confident that the Lord who heareth Prayer, and hath
promised to guide his servants into all truth, will bring your labours
to a comfortable conclusion: So do all the Reformed Kirks, and the
Kirk of Scotland above all others extreamly long for the taste of the
fruits of their pious labours and continual pains: And so much the
more, that we have suspended some materiall determinations amongst our
selves, upon expectation of Uniformity; and that in the meane time
as many scandalous Papers come to our view, and to the hands of the
people here, for libertie of conscience, toleration of Sects, and such
Practices as are contrary to the Doctrine, Government, and Peace of all
the Reformed Kirks. For stopping and suppressing whereof, as wee doubt
not, but your Wisedome, and the Authority of the Honourable Houses of
Parliament will use some more effectuall means; So do we hope that
your Determinations shall carry such evidence of Divine Truth, and
demonstration of the Spirit, that those unhappy Clouds of darknesse
shall be so scattered, that they shall be no more gathered nor appear
hereafter, to the dishonour of God, the prejudice of his truth, and the
scandalizing of so many Souls for which Christ hath dyed.

We doe with hearty thankfulnesse resent all the kindnesse and respect
you have shown to our Commissioners, and your high esteeme of them in
love for the Works sake; Although their presence here would be very
comfortable unto us, very steedable to the publick, and necessar in
respect of their great and important particular charges and Stations;
yet do we willingly dispense with all, yea nothing shall be too dear
unto us, so that this Work be finished with joy, and _Jerusalem made
the glory and praise of the whole Earth: Because of the house of the
Lord our God, we will seek her good: For our Brethren and Companions
sake, we will now say, Peace be within her Walls, prosperity within her
Palaces._

  _Subscribed in name of the Generall Assembly of
  the Kirk of Scotland, by the Moderator of the
  Assembly._

  Edinburgh, 4 June, 1644.


_The Assemblies Answer to their Commissioners at London._

REVEREND AND BELOVED BRETHREN,

It would have been the rejoycing of our hearts, and the lightning of
our countenances, to have seen your faces, and injoyed your presence
here with us, especially, should yee have arrived unto us loaden with
the spoils of Antichrist, the Trophees of the Kirk of Christ, and the
long-longed-for fruits of your painfull labours: But seeing it hath
pleased the Lord whose Interest in the businesse is main and principall
otherwise to dispose, it doth become us with all humility to submit
to his good pleasure, with faith and patience to attend his leasure,
for _he that beleeveth maketh not haste_, and with more frequency and
fervencie in prayer seek to him who will be sought for these things,
and having _begun the good work will perfect it_, and double the
benefit by bestowing it in a more seasonable time unto us.

We have not been a little refreshed with your Letters sent unto us
and the Commissioners of the preceding Assembly, and with these
from the Reverend Synod of Divines, the answer whereof you will be
pleased to present unto them: By all which, and more particularly by
a full Relation from the Lord Waristoun a faithfull witnesse and a
fellow-labourer with you there, we see and acknowledge that by the
Lords blessing, the Progresse of the Work is already more than we can
overtake in the course of our thankfulnesse, that your labours are
very great, your pains uncessant, your thoughts of heart many, that
ye endure the heat of the day; but being confident of your patient
continuance in wel-doing, and that your labours shall not be in vaine
in the Lord, wee have renewed your Commission, and returned the Lord
Waristoun unto you, according to your desire, that ye may prosecute
that great Work which the Lord hath blessed so farre in your hands.

When the Ordination and entry of Ministers shall be conformable to
the Ordinance of God, there is to be expected a richer blessing shall
be powred out from above, both of furniture and assistance upon
themselves, and of succeese upon their labours; for which end as our
earnest desire is, that the Directory for it may be established; so doe
we exceedingly long to see the common Directory for worship perfected,
which may prove an happy means of that wished for Uniformity in the
Kirks of the three Kingdomes, shall (we trust) direct by all Rocks
of offence and occasions of stumbling, and shall remove all these
corruptions wherewith the Lords sacrifice and service hath been defiled.

That point concerning a change of the Paraphrase of the Psalmes in
Meeter, we have referred to the Commissioners here, whose power and
Commission granted by the preceding Assembly, we have renewed and
continued.

That there be difficulties concerning Kirk-Government, wee think it not
strange for these reasons you lay out before us; yet because the minds
of men are still in suspense upon the successe of the determination
of that Reverend Assembly on the one hand, and upon the successe of
the Warre on the other; which doth not a little faint their hearts and
feeble their hands, both you and we must be instant with God and man
for a finall determination of all these debates, and a happy and speedy
conclusion of this great affaire, so much concerning his own glory and
the good of his Kirk. _Now the Lord lead you in all truth, and give you
understanding in all things._

  _Subscribed in name of the Generall Assembly
  by the Moderator._

  Edinburgh, 4 June, 1644.


_The Assemblies Letter to the Kirks in the Netherlands._

FRATRES IN DOMINO PLURIMUM COLENDI,

Quæ anno superiore Ecclesiarum Zelandicarum nomine, missæ sunt ad nos
Literæ, ut eas communis totius Ecclesiæ vestræ Belgicæ voluntatis
testes fuisse interpretaremur, effecit benevolentia vestra tot
tantisque officiis nobis spectata: quam sententiam nobis confirmarunt
ea quæ copiosè clarissimus Eques D. Archibaldus Jonstonus Varistonus
in foro supremo Judex, a reliquis tum Ordinum tum Ecclesiæ hujus Regni
Delegatis Londino non ita pridem remissus, in hac ipsa Synodo Nationali
de eximio vestro erga nos studio commemoravit: præsertim quanta fide,
quam solicita diligentia nostram, vel Domini potius nostri Jesu Christi
causam, quæ nunc Londini agitur, et promoveritis, et promovere etiamnum
satagatis. Quo in negotio, ex iis, quorum ab eo recitata audivimus
nomina, de propensa reliquorum voluntate et cura, ut conciliandæ
Ecclesiarum Britannicarum unionis fœliciter suscepta consilia, vestra
ope et opera prosperum mature sortiantur exitum, minime obscura fecimus
indicia. Sunt hæc tam illustria benevolentiæ vestræ testimonia, et
in omnium bonorum oculis adeo perspicua, ut eorum memoriam nulla
unquam delere potuerint oblivia. Laboris autem et jam impensi et porro
suscepti ad controversias in Synodo Londinensi suborientes fœliciter
expediendas et decidendas nequando pœniteat, ex eo quem per divinam
jam benedictionem fructum cepistis, optima quæqui in posterum sperare
consentaneum est.

Huic tam honorificæ beneficiorum vestrorum commemorationi a D.
Varistonio factæ supervenerunt ex partibus Hiberniæ aquilonaribus
Literæ multorum Chirographis subsignatæ; Qui singularis gratiæ in
illam Ecclesiam divinitus effusæ, ex quo tempore in societatem fœderis
trium unitorum sub Rege nostro Regnorum admissi sunt, mentione facta,
“hujus inquiunt divinæ benedictionis amplissimum nuper habuimus
testimonium, Sanctorum in Belgio liberalitatem eximiam; qui nobis,
ignotis licet et peregrinis, fratres se nostri amantissimos, et
malorum nostrorum sensu tenerrimo compunctos aperte demonstrarunt.
Pauculos enim nos gladio superstites, et fame propediem interituros,
omnibus extremis circumventos, in ipso articulo sublevarunt: nec
tantum oratione ad consolationem composita nobis animos confirmarunt,
hortantes ut humiliter incedentes Deum liberatorem expectemus, qui non
nisi ad breve tempus faciem suam ad domo Jacob abscondere solet, sed
subsidio insuper opulento cum annonæ, tum aliarum rerum ad nostram in
tantis angustiis relaxationem et solatium necessariarum, copiose nos
refocillarunt. Tantam munificentiam cum supplices a Deo contendimus, ut
septuplam ipsis in sinum rependat, tum demisse vos etiam atqui etiam
rogamus, ut in tanti beneficii agnitione Ecclesiis Belgicis, nobiscum
gratias agatis.” Hæc illi. In quo quidem officio si illis desimus, in
nos pariter et illos graviter peccemus.

Agnoscimus igitur illustrissimorum et potentissimorum Hollandiæ,
Zelandiæ, aliorumqui Ordinum Belgicorum tam eximiam beneficentiam:
quibus non conniventibus modo et permittentibus (quod ipsum non
vulgare beneficium habendum esset) sed authoribus etiam, modumque et
rationem præscribentibus, exemplo quoque præeuntibus, in subsidium
fratrum nostrorum Hibernensium collecta per Ecclesias facta ad
ipsos mature deportata sit: Agnoscimus piorum in iisdem Ecclesiis
Belgicis tam expromptam voluntatem et liberalitatem: agnoscimus
tantum beneficium non in ipsos magis fratres nostros, quam in illorum
persona in nosmetipsos esse collatum: Vosque (fratres Reverendi)
obnixe rogatos volumus, ut quemadmodum nos ad omnem grati animi
significationem prompti semper erimus, ita qua vobis potissimum
ratione commodum videbitur, illustrissimis et potentissimis Ordinibus
nostro nomine gratias agatis: populo autem Christiano curæ vestræ
commisso tum publice universo, tum privatim singulis, ut occasio
tulerit, demonstretis quam honorifice de ipsis sentiamus, et quanti
faciamus tam eximiam benevolentiam et charitatem, qua in Ecclesiarum
Hibernicarum consolatione viscera nostra refocillaverunt. Quæ autem
vestræ fuerint partes, fratres charissimi, quam pio studio et labore,
quam assidua diligentia tantæ charitatis semen in segetem et maturam
tandem messem provexeritis, cum nos libentes agnoscimus, tum res ipsa
loquitur, et fructus opimus abunde testatur. Imprimus autem (quod
caput est) tantæ gratiæ authorem et largitorem nos una cum Ecclesiis
Hibernicis laudamus et celebramus: comprecantes ut in vos universos,
in Ecclesias a Domino vobis commissas, in illustrissimos Belgii vestri
Ordines Spiritum suum copiose effundat, ut quemadmodum in Rep. vestra
adversus hostem potentissimum defendenda, et inter tantas bellorum
moles indies amplificanda, in Evangelii luce et veritate incontaminata
contra inferorum portas in vestris Ecclesiis propugnanda, atque inde
latius propaganda, immensa Dei vobis excubantis potentia, multiformis
sapientia, et eximia beneficentia, per universum terrarum orbem
hactenus celebrata est; ita bonis omnibus vos deinceps cumulare pergat
idem fons omnis bonitatis, ut frementibus religionis et libertatis
vestræ hostibus, sapientiæ et optimarum artium juxta ac armorum
triumphorumque gloria inter nobilissimas gentes Resp. vestra fœderata
quotidie magis emineat, Ecclesia sacrorum puritate, et cœlestis
veritatis splendore perspicua refulgeat; eoque prospere vobis cedant
vestra prudentissima et saluberrima consilia, quibus certissimum ad
fœlicitatem publicam compendium vos capessere demonstratis, nec vobis
tantum consulitis, sed de vicinis etiam Ecclesiis soliciti, qua opera,
qua consilio opibusque vestris eas sublevatis et confirmatis omnes,
et quasi de specula universis prospicientes de periculis imminentibus
commone facitis, et ad ruinam ab hostibus dolose machinatum mature
præcavendam armatis.

Ergo quod anno superiori, veluti signo dato, Reformatas omnes
Ecclesias, missis ex Zelandia literis commonuistis, ut cum impostores,
Jesu nomen impudenter ementiti, cæterique Antichristi satellites,
quo securius in populum erroribus Pontificiis fascinatum grassari,
et puriores Christi Ecclesias funditus extirpare queant, arctissima
conjuratione sociati ad impia consilia patranda sese accinxerunt;
Ita Ecclesiæ quoque Reformatæ sine mora consilia in medium alacriter
conferant, et animos ac vires conjungant, ut perniciem sibi omnibus
intentatam in hostium capita retorqueant: ni fecerint, tam pudendæ
ignaviæ excusatione apud posteritatem carituri; consilium non minus
prudens et fidum, quam fœlix et salutare libenter et tum agnovimus et
nunc ipso etiam eventu comprobamus.

Principio autem ad hoc consequendum necessarium videtur, ut sine
mora convolemus omnes ad Deum nostrum clementissimum, qui postquam
Ecclesiarum Reformatarum mores minime reformatos multis annis
longanimitate sua pertulisset, ferulam primum, mox etiam gladium
vibratum interminatus, tandem rubentem et madidum suorumque sanguine
calentem et spumantem per regiones plurimas jam diu circumtulit; in nos
denique reliquos nunc intentat, nisi mature resipuerimus, et de domo
ipsius amplius purganda, de gratia Domini nostri Jesu Christi pluris
facienda, de cultu Dei ipsiusque institutis religiosius habendis, de
Sabbatho ejus sanctificando, a quo nimium oculos nostros avertimus, et
de moribus ad pietatis normam componendis magis serio quam hactenus
a nobis factum est, nobiscum statuentes cum populo Dei sub Nehemia,
Josia, reliquisque piis Gubernatoribus, religioso fœdere percusso,
tanquam firmissimo vinculo Deo obstricti, nos inter nos arctius
adversus hostes univerimus, ut avertat Deus jam fumantem et capitibus
nostris imminentem iram, quam peccata nostra plurima et maxima adversus
nos provocarunt et accenderunt.

Non tantum nobis deferimus, nondum eos renovato cum Deo fœdere, et
votis nuncupatis dignos edidimus fructus, ut nostrum exemplum vobis
proponere libeat: Quod tamen experti sumus, de Dei erga nos gratia,
quod gratitudo erga Deum, quod gloria ipsius a nobis flagitat, celare
non audemus. Quæcunque nostra male merita sunt in conspectu Dei et
hominum; certe ex quo die nos de religioso fœdere cum deo et inter
nos ineundo cogitavimus, a portis inferorum revocari, et res nostræ
omnes in Deum nostrum necessario conjectæ melius habere cœperunt, et
fœliciore hactenus successu processerunt. Quod si de fœderis hujusmodi
religiosa societate coeunda (quod rerum vestrarum et Religionis in
Britannia nostra ex fœdere nuper inito perpurgandæ et stabiliendæ
commodo fieri possit) vestræ prudentiæ visum fuerit cogitare, et ex
consilio eorum quorum interest statuere, ac cum aliis Reformatis
Ecclesiis agere (pro ea qua apud omnes valetis gratia) ut eandem
vobiscum ineant rationem, non dubium est, per Domini ac Dei nostri
benignissimi Jesu Christi in Ecclesias suas gratiam, fore, ut non modo,
quod certissimum adversus impendentia mala perfugium anno superiore
missis ex Zelandia literis denunciastis, Ecclesiæ Reformatæ arctioris
societatis vinculo inter se unitæ ad hostium conatus impetusque
frangendos corroborentur et confirmentur; sed disjecti etiam lapides
Domus Dei per Germaniam ex rudere et cineribus redivivi recolligantur,
ac gloriosum Domini nostri Templum ibidem instauretur: et purioris
Religionis Professores in istis Ecclesiis, per resipiscentiam ad
cum qui percussit eos, reversi, et quod nullis canescat sæculis
fœdere, Domino nobiscum coadunati, malis, sub quorum pondere tot
annos gemiscunt, tandem subleventur. Qui dies longe optatissimus si
per Dei gratiam semel illuxerit; de consiliorum communione inter
Reformatarum Ecclesiarum Synodos per Legatos et Literas concilianda
iniri possit ratio, per quam Ecclesiæ hostes compescantur, hæreses
opprimantur, et schismata resarciantur, pax cum Deo et inter Ecclesias
firma conservetur, et gloriosum Dei opus in Evangelio per orbem
terrarum propagando, et Antichristi regno abolendo promoveatur. Quod ut
optandum, et sperandum, piis et prudentibus vestris meditationibus, ut
bonum semen fœcundissimo solo commendamus.

  Vestræ Dignitati et Fraternitati addictissimi,
  Pastores et Seniores Nationalis
  Synodi Scoticanæ, et nostro omnium
  nomine ac mandato,

  JA. BONAR, _Moderator_.

  Edinburgi, 4 Junii, 1644.

  DIRECT.

  Ecclesiis Dei, quæ sunt in unitis
  Hollandiæ, Zelandiæ, aliisque
  fœderati Belgii Provinciis.


_Ordinance concerning Bursars._

The Assembly understanding that the Overture for maintaining Bursars,
in the Assembly holden in the year 1641, upon the 7 of August, Sess.
15, is never yet put in practice: Do therefore Ordain Presbyteries
to put the same in practice with all diligence, and to make account
thereof to the next Assembly.


_Ordinance for up-lifting and imploying Penalties contained in Acts of
Parliament, upon pious uses/_

The Assembly understanding that the executing of some laudable Acts of
Parliament, made against Non-Communicants and Excommunicate persons,
and of divers other Acts containing pecuniall pains for restraining
of Vice, and advancing Piety, is much neglected by the slownesse of
Presbyteries and Ministers, in seeking Execution thereof: Therefore
ordains Presbyteries and Ministers respective, to be diligent hereafter
by all means, in prosecuting full and exact Execution of all such Acts
of Parliament, for lifting the saids Penalties contained in the same,
and for faithfull imployment thereof, upon pious uses, and that every
Presbytery report their diligence herein yearly to Generall Assemblies.


_An Overture concerning Promise of Marriage made by Minors, to those
with whom they have committed Fornication._

Forsameikle as it is found by experience, that some young men being
put to Colledges by their wel-affected Parents, that they may be
instructed in the knowledge of Arts and Sciences, to the intent they
may bee more able for publick Imployments in the Ecclesiastick and
Civill state, that the said Children hes committed Fornication: And
the Woman and her friends hes seduced the foresaid Schollers being
Minors, to make promise of Marriage to the party with whom they have
committed Fornication; And thereupon intends to get the benefite of
marriage with the said young men, not onely without the consent of
their Parents, but to their great grief, and to the great appearance
of the ruine and overthrow of their estate: Which may be the case of
Noblemen and Gentlemens children, as wel as of these of other estates
and degrees within the Kingdom. Wherefore if the Assembly think it
expedient, it would be declared that all such promises be made null and
of none effect, especially where the maker of the promise is Minor,
and not willing to observe the samine, because his Parents will not
consent, but oppose and contradict, threatning to make him lose not
onely his favour but both blessing and birth-right. This Ordinance
shall not onely be very expedient for many good civill causes, but
is very consonant and agreeable to the Word of God, and will be very
comfortable to many Godly Parents, who otherwise may be disappointed of
their pious intentions, and have the comfort they expected, turned to
an heavy and grievous crosse.

  The Generall Assembly thinks it convenient at this time, to delay any
  determination in the matter above-written untill the next Assembly,
  That in the meane time every Presbyterie may take the same to their
  serious consideration, and report their judgements to the Assembly.


_Act concerning dissenting voices in Presbyteries and Synods._

The Assembly thinks it necessar, if any Member of Presbyteries or
Synods shall finde in matters depending before them, that the Moderator
shall refuse to put any thing of Importance to voices; Or if they finde
any thing carried by plurality of voices to any determination which
they conceive to be contrary to the Word of God, the Acts of Assembly,
or to the received order of this Kirk, That in either of these cases
they urge their dissent to be marked in the Register; And if that be
refused, that they protest as they would desire to be free of common
censure with the rest: And the Assembly declares the dissenters to
be censurable, if their dissent shall be found otherwise nor they
conceived.


_Act concerning the Election of a Moderator in Provinciall Assemblies._

The Generall Assembly understanding that some Provinciall Assemblies
in choosing their Moderator tye themselves to these Persons who have
been before named and designed in particular Presbyteries, which is
against the libertie of the Provinciall Assembly: Therefore discharges
Presbyteries to make any such nomination hereafter; And ordain
Provincials in their first meeting, to elect their Moderator, and to
make their own List for that effect without any such prælimitation.


_Act for keeping of the Fast by the Congregations in the Towne where
the Assembly holds._

The Assembly judge it most necessar and comely, seeing the first day of
the meeting of Generall Assemblies, is by the laudable practice of this
Kirk a day of Fasting and Humiliation, for craving the Lords blessing
to that meeting; That not onely the Members of the Assembly, but that
all the Congregations also of the Town where the Assembly holds bee so
exercised: And that publick worship be in all the Kirks thereof that
day for that effect.


The Generall Assembly appoints the meeting of the next Assembly, to be
upon the last Thursday of May, in the yeer 1645.


INDEX _of the_ ACTS _of the_ ASSEMBLY _holden at_ EDINBURGH, 1644. _Not
Printed_.

1.—Election of Master James Bonar Moderator. Sess. I.

2.—Continuation of the decision in the question concerning the
Commission from Craill, untill the appellation be discussed. _Ib._

3.—Appointment of Committees for Bills, Reports, &c. Sess. II.

4.—A Letter from the Presbytery at the Armie concerning sending
Ministers unto them. _Ib._

5.—A Letter from the Presbyterie in Ireland. _Ib._

6.—The Assemblies thankful resentment of the E. Louthians sufferings.
_Ib._

7.—The desire of the Convention of Estates, to quicken the proceedings
of the Assembly, and the Assemblies resolution thereinto. Sess. III.

8.—Reference to the Commission to be appointed by the Assembly, for
presenting Overtures, Acts, &c., to the Parliament. _Ib._

9.—Renovation of the Act of the preceding Assembly, for planting the
new Colledge of St Andrews. _Ib._

10.—Ref. of Denmures Bill.

11.—Ref. of Aytouns Bill.

12.—Committee to consider some Overtures concerning Universities and
Schooles. Sess. IV.

13.—Commission granted to M. William Cockburn, M. Hugh Mackale for the
first 3 Moneths beginning the 1 of Aug. next; to M. George Dick, and
M. John Dick the next 3 Moneths; and to M. John Levingstoun, and M.
Thomas Wylie for the last 3 Moneths, to repair to the North of Ireland,
bearing the same power granted to the Persons appointed for that
imployment by the preceding Assembly. _Ib._

14.—Renovation of the Commission for sending Expectants to Ireland.
_Ib,_

15.—Recom. of Sir John Weemes of Bogie his Bill. _Ib._

16.—Commission for visitation of Orkney, Zetland, Caithnes, Sutherland
and Rosse, to Masters William Falconer, and Murdo Mackeinzie, and
Alexander Brodie of that Ilk.

17.—Act for M. George Halyburtouns going to the Army. _Ib._

18.—Report of the Lords of Exchequer their promise concerning payment
of some of the arreers of the annuitie of 500 lib. _Ib._

19.—Act and Reference concerning M. James Wood. _Ib._

20.—Reference to the Commission of this Assembly concerning the
Papers presented by my Lord Waristoun, which were directed to the
Commissioners of the preceding Assembly. Sess. V.

21.—Ref. to the Commission for planting the New Colledge of Aberdene.
_Ib._

22.—Transportation of M. George Leslie to the Kirk of Leslie. _Ib._

23.—Act concerning the planting of the Kirk of Syres. _Ib._

24.—Ref. of the Countesse of Kinnowles Bill to the Commission. _Ib._

25.—Act concerning M. Andrew Murray Minister at Ebdie. _Ib._

26.—Act and Ref. concerning the planting of the Kirk of Lamingtoun.
_Ib._

27—Ref. to the Commission of the Assembly concerning Overtures for
Universities and Schooles, &c. Sess. VI.

28.—Ref. to the said Commission for planting the Kirk of Aberdene.
_Ib._

29.—Indiction of a Fast. _Ib._

30.—Renovation of the appointment of the preceding Assembly for framing
a Directory for Worship, and for tryall of Synods, Presbyteries, and
Kirks. _Ib._

31.—Act for the Clerks subscribing the deliverance of the Committee of
Bils for charity to the distressed people of Ireland. _Ib._

32.—Ref. to the Commission for considering the formes and draughts of
Commissions for visitation of Universities. _Ib._

33.—Act recalling two Acts of the Commission for visitation of the
University of S. Andrews. _Ib._

34.—Recom. to the Commission concerning confirmation of Ministers Books
in their wives Testaments. _Ib._

35.—Recom. to the said Commission concerning Witches and Charmers. _Ib._

36.—Ref. of the Overtures of the Synod of Murray to the said Commis.
_Ib._

37.—Recom. of D. Adam Stuart. _Ib._

38.—Renovation of the Act concerning James Murray. Sess. ult.

39.—Continuation of the Commission of the preceding Assembly appointed
to sit at Air. _Ib._

40.—Act concerning M. Robert Peirson Minister in Orkney. _Ib._

41.—Recom. of the Lord Gasks Bill. _Ib._

42.—Act concerning the Kirks of Aberchirdour and Ennerkethenne. _Ib._

43.—Ref. of M. Alex. Petries Letter to the Commission of Assembly. _Ib._

44.—Act concerning the reposition of M. John Maxwel sometime Minister
at Glasgow, with an Ordinance for his subscribing a particular
Declaration of the unlawfulnesse of Episcopacy. _Ib._

45.—Ref. of my Lord Seatons Bill to the Commission of Assembly. _Ib._

46.—Letter from the Presbyterie at the Army, with a Reference to the
Commission concerning the restraint of transporting Women to the Army.
_Ib._

47.—Ref. to the Commission of Assembly concerning the Letters from
the Commissioners at London, &c. and concerning the Paraphrase of the
Psalmes in Meeter. _Ib._

48.—Ref. of my Lord Yesters Bill to the said Commission. _Ib._

49.—Act concerning M. Alexander Trotter. _Ib._

50.—Ref. of Margaret Thomsons Bill to the Commission of Assembly. _Ib._

51.—Remit. to the Presb. of Achterardour, concerning the matter of M.
William Cook. _Ib._

52.—Transplantation of M. William Rait to Brechen. _Ib._

53.—Ordinance for the Ministers of the Presbytery of Peebles their
acknowledgement of their disobedience to the Acts both of the Generall
and Provinciall Assemblies, in admitting M. John Hay, upon their knees
before the Provinciall of Louthian; And approbation of the dissenters;
with M. John Hayes Declaration, and the Assemblies Ordinance for his
subscribing a particular Declaration concerning the unlawfulnesse of
Episcopacie. _Ib._

54.—Ref. concerning the Kirk of Lesmahago to their Provinciall. _Ib._

55.—Ratification of the Contract betwixt James Maxwel of Innerweeke,
and M. John Macghie, concerning augmentation of the Ministers provision
at Dirletoun, and of the Acts of Presbytery and Synod thereanent. _Ib._

56.—Ref. from the Presb. of Hadingtoun, and the Assemblies Answers.
_Ib._

57.—Act. for Presb. of Ersiltouns furnishing of Ministers to the Master
of Cranstouns Regiment, and for sending forth presently M. Thomas
Donaldson. _Ib._

58.—Act for the Presb. of Dalkeith sending a Minister to La. Nidries
Regiment. _Ib._

59.—Ref. to the Commission of Assembly of the desires and Overtures of
Caitnes. _Ib._


FINIS.




=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1644.


1. _Excerpts from Principal Baillie’s Account of the Westminster
Assembly, continued from page 384._

_To Mr William Spang. May 31, 1644._

You know this is no proper assembly, but a meeting called by the
parliament to advise them in what things they are asked; so their not
answering comes on no neglect I know very well. By all means encourage
Apollonius, and whomever else you can, to assist in this common cause:
if this season be missed, it will be hardly recovered. The Independents
have no considerable power either in the assembly or parliament, or the
General or Waller’s army; but in the city and country, and Manchester’s
army, their strength is great and growing; yet by the help of God and
our friends, if once we had the assembly at an end, and peace, we would
get them quieted. Since our Friday fast we have made good speed in the
assembly. Our church-sessions, to which Independents gave all, and
their opposites nothing at all, we have got settled with unanimity in
the Scots fashion. Our great debate, of the power of excommunication,
we have laid aside, and taken in at last the directory. Already we have
past the draught of all the prayers, reading of scripture, and singing
of psalms, on the Sabbath-day, _nemine contradicente_. We trust, in one
or two sessions, to pass also our draught of preaching. If we continue
this race, we will amend our former infamous slowness. Always I can say
little till once we pass the directory of the Lord’s Supper. In the
committee we found they were very stickling; the Independents, and all,
love so well sundry of their English guises, which we must have away;
however we are in hope of a better speed than before.

       *       *       *       *       *

_Publick Letter. June 7, 1644._

Our progress in the assembly, albeit slow, yet, blessed be God, is
sensible daily. We have passed, but after a world of debate, all the
directory which concerns ordinary prayers, reading of the word, singing
of psalms, and preaching. Our toil is exceeding great; every day, from
eight in the morning till near one, and oft in the afternoon from three
to half-past six, we are in exercise; only the Saturday free, and that
for our Sunday’s preaching, when single times any of us does vaik. All
of us long much to be at home; but we are all commanded to stay, and
attend this great service. Of a truth, to our power, we put spurs to
their slow sides. We hope all, ere it be long, shall go according to
our hearts desire. The Independents, our great retarders, it is like,
shall not vaunt themselves, in the end, of their oppositions. The
most of their party are fallen off to Anabaptism, Antinomianism, and
Socinianism; the rest are divided among themselves. One Mr Williams has
drawn a great number after him to a singular Independency, denying
any true church in the world, and will have every man to serve God by
himself alone, without any church at all. This man has made a great
and bitter schism lately among the Independents. We hope, if once we
had peace, by God’s help, with the spirit of meekness mixed with a
little justice, to get the most of these erroneous spirits reduced.
The ministers of London, near six score, have their weekly meetings.
They are all Presbyterians, except Burton, said to be a Brownist; John
Goodwin to be a Socinian, and one scrupling Pædobaptism. Some of the
Independents are lecturers, but none settled ministers.

       *       *       *       *       *

_My Publick Letter._

We are proceeding in our assembly. This day before noon we got
sundry propositions of our directory for the sacrament of the Lord’s
supper passed; but in the afternoon we could not move one inch. The
unhappy Independents would mangle that sacrament. No catechising nor
preparation before; no thanksgiving after; no sacramental doctrine, or
chapters, in the day of celebration; no coming up to any table, but
a carrying of the elements to all in their seats athort the church:
yet all this, with God’s help, we have carried over their bellies to
our practice. But exhortations at tables yet we stick at. They would
have no words spoken at all. Nye would be at covering the head at the
receiving. We must dispute every inch of our ground.

       *       *       *       *       *

_For Mr Robert Ramsay. The end of June._

Very many of the assembly are departed for want of means. The allowance
granted by the parliament is not paid. What we gave in concerning
ordination yet lies still, and, by the underhand dealing of the
Independents, is like to come out from the House so mangled, that if
we get it not helped, it will much offend us both for the matter and
the preparative, it being the first paper came from us to the Houses.
Very many things that come to be handled in the assembly are new to us
all, and obscure. We have to do with very many scrupulous and thraward
wits. Whether we have had need of prayers or not, you may judge. We
have overcome many difficulties; our God has extricated us out of very
many labyrinths; we are confident therefore, by the assistance of God’s
people there, to see a glorious work ended in these dominions, and
begun elsewhere, ere it be long.

       *       *       *       *       *

_To Mr William Spang. June 28._

After very great labour, we gave in, as our first fruits, a paper for
ordination to both Houses. Oft had they called for it before it came.
When it had lien in their hands neglected for many weeks, at last it
was committed to a few of the Commons to make a report to the House
about it. We hear surmises, that this committee had altered much of
our paper; but I finding by Mr Rous, the chief of that committee, that
the alterations were both more and greater than we suspected, and that
the committee had closed their report, and were ready to make it to
the House, without any further meeting, I persuaded him it would be
convenient before the report was made, and either Houses engaged in any
thing which was against the mind of the assembly, and of our nation, to
confer privately with some of us anent these alterations. Upon this he
obtained an order of the House for the committee to call for any of the
assembly they pleased. This he brought to the assembly, and called out
Marshal and me to tell us his purpose. We gave him our best advice.
On his motion the assembly named Marshal, Vines, Burgess, Tuckney,
and the scribes, to wait on; and withal requested us to be with them.
Great strife and clamour was made to have Mr Goodwin joined; but he
was refused by a vote. Marshal came not. At meeting we found, they
had passed by all the whole doctrinal part of ordination, and all our
scriptural grounds for it; that they had chosen only the extraordinary
way of ordination, and in that very part had scraped out whatever might
displease the Independents, or patrons, or Selden and others, who will
have no discipline at all in any church _jure divino_, but settled
only upon the free-will and pleasure of the parliament. Mr Henderson,
and the rest, reasoned against the dangerousness and disgrace of this
their way, so clearly, that sundry of the gentlemen repented of their
alterations; yet the most took all to advisement. We, in private,
resolved we would, by all means, stick to our paper; else, this being
the first, if we yielded to these most prejudicial alterations, which
the Independents and Civilians underhand had wrought, the assembly’s
reputation was clean over-thrown, and Erastus’s way would triumph.
What will be the end of this debate, God knows. If the assembly could
stand to their deed, we hope to have the parliament reasonable; for
they will be loth to lose the assembly and us, for the pleasure of any
other party. But we fear the fainting of many of our House: this holds
our mind in suspense; only we are glad we have taken the matter before
it came to the House. This day we were vexed also in the assembly;
we thought we had passed with consent, sitting at the table; but
behold Mr Nye, Mr Goodwin, and Bridges, cast all in the hows, denying
to us the necessity of any table, but pressing the communicating of
all in their seats, without coming up to a table. Mess. Henderson,
Rutherford, and Gillespie, all three disputed exceeding well for it,
with arguments unanswerable; yet not one of the English did join with
us, only Mr Assessor Burgess, who then was in the chair, beginning to
speak somewhat for us, but a little too vehemently, was so met with by
the Independents, that a shameful and long clamour ended their debate.
This has grieved us, that we fear the end of our work, always we expect
it shall be better. Prince Rupert is not gone south, but north towards
Cumberland. I pray God save Callendar’s army and Scotland from his
bloody mouth.

       *       *       *       *       *

_July 5, 1644._—As for the assembly, these three weeks, Mr Nye, and
his good friend Mr Herle, has kept us on one point of our directory
alone, the recommending of the communicants coming up to the table to
communicate. Their way of communicating, of some at the table, and
some about it, without any succession of companies to more tables, is
that whereon we stick, and are like to stick longer. Also the great
appearance of the parliament’s misleading, by a few, to change the
papers we gave in to them, so that nothing shall be established on
any scripture or divine right, did much afflict us. But behold, in a
moment, when our credit was beginning sensibly to decay, God has come
in. Our army has fought Prince Rupert, has overthrown his forces, taken
his cannon and baggage, killed many of his chief officers, and chased
the rest into York.

       *       *       *       *       *

We dare not be too much exalted, only we bless God from our heart,
who is beginning to shine on our army, and make it, after very long
expectance and beating down of our pride, to be a fountain of joy
and hope to these who love the welfare of religion. We hope things
in the assembly and parliament may go more after our mind. Our army
oft signified to us, they conceived their want of success flowed most
from God’s anger at the parliament and assembly, for their neglect of
establishing of religion. We oft told them the truth, that we had no
hope of any progress here, till God gave them victories; and then, we
doubted not, all would run both in parliament and assembly.

       *       *       *       *       *

_July 12, 1644._—In our assembly we go on as we may. The Independents
and others kept us long three weeks upon one point alone, the
communicating at a table. By this we came to debate, the divers coming
up of companies successively to a table; the consecrating of the bread
and wine severally; the giving of the bread to all the congregation,
and then the wine to all, and so twice coming up to the table, first
for the bread, and then for the wine; the mutual distribution, the
table-exhortations, and a world of such questions, which to the most
of them were new and strange things. After we were overtoiled with
debate, we were forced to leave all these things, and take us to
general expressions, which, by a benign exposition, would infer our
church-practices, which the most promised to follow, so much the more
as we did not necessitate them by the assembly’s express determination.
We have ended the matter of the Lord’s Supper, and these last three
days have been upon baptism. We have carried, with much greater ease
than we expected, the publickness of baptism. The abuse was great over
all this land. In the greatest parish of London, scarce one child in
a-year was brought to the church for baptism. Also we have carried the
parent’s presenting of his child, and not their midwives, as was their
universal custom. In our last debate with the committee of Commons,
for our paper of ordination, we were in the midst, over head and
ears, of that greatest of our questions, the power of the parliament
in ecclesiastick affairs. It is like this question shall be hotter
here than any where else: but we mind to hold off; for yet it is very
unseasonable. As yet we are come to no issue what to do with that paper.

       *       *       *       *       *

The chief point we wish were proven, is the real authority, power,
and jurisdiction of synods and classical presbyteries over any the
members, or the whole, of a particular congregation; also the right
of ordinary professors to the sacraments, though they can give no
certain or satisfactory signs of real regeneration. These two are the
main heads; also I wish the power of presbyteries classical, to ordain
and excommunicate, were cleared. Many besides the Independents, by
Voetius’s writs, are brought to give the rights of both these actions
to the congregational presbytery, much against our mind and practice.
The churches of Jerusalem, Corinth, and the rest of the apostolick
churches mentioned in the New Testament, which can be proven to have
practised either ordination or excommunication, appear to us to have
been classical, consisting of more congregations than one, and of
greater numbers, when they did exercise either of these acts, than
could meet in one place. Also it is a great question about the power of
jurisdiction in a congregation. We are not against the people’s power
of election of the officers, or, at least, free consent thereto; but
beside, they press all process and acts of censures to be done, if not
in the name and authority, as the Brownists, and those of New England,
yet necessarily in the presence, and with the consent, not only of the
presbytery congregational, but also of the whole people, even every
communicant male. If in these we were agreed, I think the difficulty
would be small in any other matter.

       *       *       *       *       *

_To Mr David Dickson. July 23, 1644._

Our progress in the assembly is small; there is so much matter yet
before us, as we cannot win through for a long time after our common
pace. Our Independents continue and increase in their obstinacy. Much
is added to their pride and hope by their service at the battle of
York; albeit much of their valour is grounded on very false lies,
prejudicial to God, the author, and to us, the true instruments, of
that day’s honour. The politick part in the parliament is the stronger,
who are resolute to conclude nothing in the matters of religion, that
may grieve the sectaries, whom they count necessary for the time. Our
army is much diminished in number and reputation. Also here Callendar’s
army is called very small, and no ways able to reduce Newcastle. The
letters we have, both from the committee and presbytery at York, are
much for a safe peace; which we wish from our heart; but think their
proponing of it is from the conscience of their present weakness.
We fear the extraordinar long stay of our commissioners be from new
factions and divisions among yourselves.

       *       *       *       *       *

The sectaries of divers sorts, Anabaptists chiefly, increase here. Very
many are for a total liberty of all religions, and write very plausible
treatises for that end. Sundry of the Independents are stepped out of
the church, and follow my good acquaintance Mr Roger Williams, who
says, there is no church, no sacraments, no pastors, no church-officers
or ordinance in the world, nor has been since a few years after the
apostles. If our commissioners were once come up, we mind to put them a
little harder to it, and see what they understand by their uniformity,
which they have sworn to us. We can make no certain conclusion, but
that we believe God will work his own gracious ends by man’s weakness.
One week we have fair appearance to get all things quickly done
according to our mind, another week such alteration in affairs, that
nothing less can be hoped for. These vicissitudes of hopes and despair,
when we look to the earth, are very frequent.

       *       *       *       *       *

Our assembly being wearied with sitting since the beginning of July was
a-year, without any intermission, was earnest for a little relaxation;
so fourteen days were obtained from the Houses, of vacation. We sit not
till Wednesday, August 7th.

       *       *       *       *       *

_For Glasgow. August 7, 1644._

This day we sit down in our assembly, after our vacance. The House
of Commons have past the paper of ordination unanimously, with some
alterations, which are to be considered by us. The right settling of
that business will be a great step to advance our affairs. The little
interruption we have had in our sitting, make both ourselves, the
Houses, and the city, and all the world, to call on us for dispatch;
and it seems God, disposing of all affairs, is making for our
furtherance; so we hope for a farther progress quickly, than for a long
time by-gone we have made.

       *       *       *       *       *

That old fox Urban is at last gone to his place; yet the devil
his father cannot die, and will never want a son to be the Pope’s
successor. At our sitting down this day, a great many of our brethren
did complain of the great increase and insolency in divers places
of the Antinomian and Anabaptistical conventicles. A committee was
appointed for a remedy of this evil, to be represented quickly to the
parliament. Mr Edwards has written a splendid confutation of all the
Independents apology. All the ministers of London, at least more than
100 of them, have agreed to erect a weekly lecture for him in Christ’s
Church, in the heart of the city, where he may handle these questions,
and nothing else, before all that will come to hear. We hope God will
provide remeids for that evil of Independency, the mother and true
fountain of the church’s distractions here.

       *       *       *       *       *

_For Mr William Spang. August 10, 1644._

The first day after our vacance, a number of complaints were given in
against the Anabaptists and Antinomians huge increase and intolerable
insolencies. Notwithstanding of Mr Nye’s and others opposition, it was
carried that the assembly should remonstrate it to the parliament. Both
Houses took our complaint well, has sent for the chief of the seditious
sectaries, and promises a quick remeid to that great and dangerous evil.

       *       *       *       *       *

God permits these gracious men to be many ways unhappy instruments. As
yet their pride continues; but we are hopeful the parliament will not
own their way so much as to tolerate it, if once they found themselves
masters. For the time they are loth to cast them off, and to put their
party to despair, lest they desert them. The men are exceeding active
in their own way. They strive to advance Cromwell for their head.

       *       *       *       *       *

_Publick Letter. August 16, 1644._

We have gone through, in the assembly, the whole directory for baptism,
except some little things referred to a committee, also the whole
directory for solemn thanksgiving, with a good unanimity. So soon as my
Lord Wariston came up, we resolved on the occasion of his instructings,
and the letters of our general assembly, both to ourselves and to this
assembly, which he brought to quicken a little, who had great need of
spurs.

Lord Wariston very particularly declared in the assembly the passionate
desires of our parliament, assembly, army, and whole people, of the
performance of the covenanted uniformity; and withal we called for a
meeting of the grand committee of Lords, Commons, Assembly, and us; to
whom we gave a paper, notably well penned by Mr Henderson, bearing the
great evils of so long a delay of settling religion, and our earnest
desires that some ways may be found out for expedition. This paper my
Lord Sey took to deliver to the House of Lords, Mr Solicitor also for
the House of Commons, and a third copy was given to Mr Marshal, to be
presented to the assembly. On Tuesday last there was a solemn fast for
General Essex’s army. Mr Palmer and Mr Hill preached that day to the
assembly, two of the most Scottish and free sermons that ever I heard
anywhere. The way here of all preachers, even the best, has been, to
speak before the parliament with so profound a reverence as truly took
all edge from their exhortations, and made all applications toothless
and adultorious. That style is much changed of late: however, these two
good men laid well about them, and charged publick and parliamentary
sins strictly on the backs of the guilty; amongst the rest, their
neglect to settle religion according to the covenant, and to set up
ordination, which lay so long in their hands. This was a means to
make the House of Commons send us down that long delayed paper of
ordination. On Thursday it was twice publickly read, so much altered
from our paper, that all of us did much mislike it. To encourage the
assembly to reject it, we did add in the end of our paper an express
disavowing of it; and at the committee’s desire, we set down our
reasons in writ against the House’s alterations; which did so encourage
the assembly, that this day, unanimously, they sent a committee to the
House, to crave leave to consider their alterations; for without their
express order they have not so much power as to debate a question. This
leave is granted: we are confident of reason, seconded by more plain
and stout dealing than hitherto has been used, to make them take up
their unreasonable alterations of our first paper; also we have the
grand committee to meet on Monday, to find out ways of expedience; and
we have got it to be the work of the assembly itself, to do no other
thing till they have found out ways of accelerating; so by God’s help
we expect a far quicker progress than hitherto.

       *       *       *       *       *

_August 28, 1644._—Our assembly these days bygone has been busy on
the House of Commons their alterations of our paper of ordination;
at last they have agreed to send back our desires for changing the
most of these alterations, according to the papers which we gave in
to the assembly and both Houses. Concerning these alterations, we
expect, without farther ado, the Houses will pass our desires; so that
presently all the youths in England, who for many years have waited
for a pure ordination, shall be admitted to churches; and when all
these, and what moe Scotland can afford of good youths for the ministry
here, are provided, it is thought some thousands of churches must vaik
for want of men. Our next work is, to give our advice what to do for
suppressing of Anabaptists, Antinomians, and other sectaries. This will
be a hard work; yet so much as concerns us will be quickly dispatched,
I hope in one session. It is appointed thereafter that we return to
the government, and to hold to it till we conclude the erection of
sessions, presbyteries, and synods. The most of the directory is
passed, and the rest is given to proper hands to prepare the models for
the assembly. All the world are sensible of our necessitated delays,
and cry for expedition. All of us long much to be at home; but the
daily unexpected difficulties, and the necessitated length of our
affairs, are incredible to any who is not on the place.

       *       *       *       *       *

_For Mr William Spang. September 13, 1644._

This day Cromwell has obtained an order of the House of Commons, to
refer to the committee of both kingdoms the accommodation or toleration
of the Independents; a high and unexpected order; yet, by God’s help,
we will make use of it contrare to the design of the procurers.

       *       *       *       *       *

_Publick Letter. September 16, 1644_

We spent a number of sessions on some propositions of advice to the
parliament, for suppressing Antinomians, Anabaptists, and these
who preach a liberty for all religions. Even in these, our good
Independents found us great difficulty; and when we had carried our
advices against their mind, they offered to give in contrare reasons
to the parliament. We spent two or three days on the matter of a
remonstrance to the parliament of the sins which provoked God to
give us this late stroke; and here we had the most free and strange
parliament that ever I heard, about the evident sins of the assembly,
the sins of the parliament, the sins of the army, the sins of the
people. When we were in full hope of a large fruit of so honest and
faithful a censure, Thomas Goodwin and his brethren, as their custom
is to oppose all things that are good, carried it so, that all was
dung in the howes, and that matter clean laid by. We are again on
the government. We have passed two or three propositions, that the
church may be governed by three sorts of assemblies, congregational,
classical, and synodical. We begin with synods, and hope to make
quicker dispatch than before, by God’s help. We have sundry means of
haste in agitation with our private friends.

       *       *       *       *       *

_For Mr David Dickson. September 16, 1644._

While Cromwell is here, the House of Commons, without the least
advertisement to any of us, or of the assembly, passes an order, that
the grand Committee of both Houses, assembly, and us, shall consider
of the means to unite us and the Independents; or, if that be found
impossible, to see how they may be tolerated. This has much affected
us. These men have retarded the assembly these long twelve months.
This is the fruit of their disservice, to obtain really an act of
parliament for their toleration, before we have got any thing for
presbytery either in assembly or parliament. Our greatest friends, Sir
Henry Vane and the Solicitor, are the main procurers of all this; And
that without any regard to us, who have saved their nation, and brought
these two persons to the height of the power now they enjoy, and use
to our prejudice. We are on our ways, with God and men, to redress
all these things as we may. We had much need of your prayers. This
is a very fickle people; so wonderfully divided in all their armies,
both their Houses of parliament, assembly, city, and country, that it
is a miracle if they fall not into the mouth of the King. That party
grows in strength and courage. The Queen is very like to get an army
from France. The great shot of Cromwell and Vane is to have a liberty
of all religions, without any exception. Many a time we are put to
great trouble of mind. We must make the best of an ill game we can.
Marshal miskens us altogether: he is for a middle way of his own, and
draws a faction in the synod to give ordination and excommunication
to congregations, albeit dependently, in case of male-administration.
God help us! If God be pleased to settle Scotland, and give us
Newcastle, all will go well. We must see for new friends at last, when
our old ones, without any the least cause, have deserted, and have
half-betrayed us.

       *       *       *       *       *

_Publick Letter. October._

In the assembly, thanks to God, we have throughed not only our
presbyteries, but also our synods, provincial and national, and
the subordination of all the four meetings, parochial, classical,
provincial, and national. We are now to dispute upon the power of all
the four. We have strange tugging with the Independents. The House of
Commons have appointed a committee to consider of their differences
with us, if they be reconcileable; or, if not, how far they may be
tolerated. At first the motion did much perplex us; but, after some
debates upon it, we are now hopeful to make vantage of it, for the
truth against the errors of that very wilful and obstinate party. We
are in hopes to get the directory brought towards an end, and the
catechism also ere long, with which some of us are likely to be sent
down. The Confession of Faith is referred to a committee, to be put
in several the best hands that are here. By the help of God, procured
by your prayers, our adversaries designs may contribute to the happy
closure of these longsome and wonderfully troublesome affairs.

       *       *       *       *       *

_For Mr William Spang. October 25, 1644._

Their greatest plot, wherewith yet we are wrestling, is an order of
the House of Commons, contrived by Mr Solicitor and Mr Marshal, which
they got stolen through, to the committee of Lords, Commons, and
Divines, which treated with us, to consider of differences in point
of church-government, which were among the members of the assembly,
that they might be agreed; or if not, how far tender consciences
might be borne with, which could not come up to the common rule to
be established, that so the proceedings of the assembly might not
be retarded. This order presently gave us the alarm; we saw it was
for a toleration of the Independents by act of parliament, before
the presbytery or any common rule were established. Our most trusty
friend the Solicitor had throughed it the House before we heard of
it. Mr Marshal had evidently, in the prosecution of it, slighted us.
Sir Henry Vane, whom we trusted most, had given us many signs of his
alteration; twice at our table prolixly, earnestly, and passionately
had reasoned for a full liberty of conscience to all religions, without
any exceptions; had publickly, in the House, opposed the clause in
the ordination that required ministers to subscribe the covenant, and
that which did intimate their being over their flocks in the Lord;
had moved the mustering of our army, as being far less than we were
paid for; had been offended with the Solicitor for putting in the
ordinance the differences about church-government; and not only about
free grace, intruding liberty to the Antinomians, and to all sects, he,
without the least occasion on our side, did openly oppose us. Always
God has helped us against him and them egregiously to this day. In
the first meeting of the grand committee, Mr Marshal the chairman, by
canny convoyance, got a subcommittee nominate according to his mind,
to draw the differences; Goodwin and Nye, other four with himself,
who joined with the Independents in giving to the congregations power
of excommunication and ordination. Vines, Herle, Reynolds, Temple,
Seaman, and Palmer, of our mind, were named; but seeing us excluded
by Marshal’s cunning, would not join. The next two or three meetings
were spent on the subcommittee’s draught of the differences. We found
the Independents clear for the whole people, every communicant male,
to have decisive voice in all ecclesiastic causes, in admission,
deposition, excommunication of ministers, in determining of schisms and
heresies. 2. That no congregation did depend on any superior synod,
so that a congregation falling in all the heresies and crimes of the
world, neither the whole nor any member of it can be censured by any
synod or presbytery in the earth, however it may be refused communion
by any who find no satisfaction in its proceedings: but, which is
worst of all, they avow they cannot communicate as members with any
congregation in England, though reformed to the uttermost pitch of
purity which the assembly or parliament are like to require, because
even the English, as all the rest of the Reformed, will consist but of
professors of the truth in whose life there is no scandal; but they
require to a member, beside a fair profession, and want of scandal,
such signs of grace as persuades the whole congregation of their true
regeneration. We were glad to have them declare this much under their
hands; for hitherto it has been their great care to avoid any such
declaration; but now they are more bold, apprehending their party to
be much more considerable, and our nation much less considerable than
before. The change of providence did nothing daunt our courage; yet
we were much in prayer and longing expectation that God would raise
us from our lowness, near to contempt, and compesce their groundless
insolency. At our first meeting, my Lords Sey and Wharton, Vane and
the Solicitor, pressed vehemently to debate the propositions of the
subcommittee. They knew, when they had debated, and come to voicing,
they would carry all by plurality in the committee; and though they
should not, yet they were confident, when the report came to the
House of Commons, to get all they desired there past. So, without
the assembly, they purposed immediately from this committee to get a
toleration of Independency concluded in the House of Commons, long
before any thing should be got so much as reported from the assembly
anent presbyteries. Here it was where God helped us beside our
expectation. Mr Rous, Mr Taite, and Mr Prideaux, among the ablest of
the House of Commons, opposed them to their face. My Lord Chancellor,
with a spirit of divine eloquence, Wariston, with the sharp points of
manifold arguments, Maitland, Mr Henderson, Mr Gillespie, and all,
made their designs to appear so clearly, that at once many did dislike
them; yet Henry Vane went on violently. We refused to consider their
propositions, except on two express caveats; one, That no report should
be made of any conclusion of the committee, till first it came to the
assembly, and from them, after examination, should be transmitted to
the House of Commons; another, That first the common rule of government
should be resolved, before any forbearance of these who differed
therefrom should be resolved upon. The first, after many hours sharp
debate, we obtained: the second we are to debate to-morrow; and, if we
obtain it not, we have a brave paper ready, penned by Mr Henderson,
to be given in to the Houses and assembly, which will paint out the
Independents and their adherents so clearly, that I am hopeful that the
bottom of their plots shall be dung out. While I am writing, we get
the long-expected news of the taking of Newcastle, and that by storm.
Blessed be the name of the Lord, who will not for ever contemn the
prayers of his people. We were extremely dejected on many grounds: we
were perplexed for Scotland; beside winter, poverty, and strong, proud,
obstinate enemies within Newcastle, the pest was beginning in our army;
the King, with the greatest army he ever commanded, was coming straight
upon us, being hopeful to dissipate our armies before they could
conjoin, and it was but the miss of one day.

       *       *       *       *       *

Before we had ended our prayers on Wednesday, in the assembly, the
House of Peers sent us a message, by my Lord Admiral and Pembroke,
with all diligence, to haste the church-government, for heresies did
spread mightily over all the land; also they told, the King had turned
his back on us, and was retiring towards Oxford, finding, against his
expectation, that all our armies were joined.

       *       *       *       *       *

_November 1, 1644._—To comfort them, six or eight of the chief Lords
came this day in message from the House of Peers with that letter,
intreated the assembly to haste; also in that letter the Commons
voted, over the Independents bellies, the dissolving of that dangerous
committee which these five weeks has vexed us. The preface of our
directory, casting out at doors the liturgy, and all the ceremonies in
cumulo, is this day passed. It cost us divers days debate, and these
sharp enough, with our best friends.

       *       *       *       *       *

_Publick Letter. November 21, 1644._

Our church-affairs go on now apace, blessed be God. Our letters from
Newcastle moved the Houses to call once, twice, thrice, to the assembly
for expedition. They sent up our propositions concerning presbyteries.
The Independents gave in the reasons of their dissent therefrom. These
are in the hands of a committee. The answer is like to be full and
satisfactory to the world, and possibly to the parties themselves. In
a few days, all we have done about government will be sent up to the
Houses, against which the Independents will have nothing considerable
to say more than is in their papers against Presbyteries. But that
which most comforts us is the directory. All that we have done in it is
this day sent up, with a full unanimity of all. Many a wearisome debate
has it cost us; but we hope the sweet fruit will over-balance the very
great toil we had in it. The last passage was sensibly from God. After,
with huge deal of ado, we passed the parts that concerned prayers,
reading of scripture, preaching, both the sacraments, ordination,
and sanctification of the Sabbath, there were many references to the
preface; one, to turn the directory to a straight liturgy; another to
make it so loose and free, that it should serve for little use: but God
helped us to get both these rocks eschewed. Always here, yesterday,
when we were at the very end of it, the Independents brought us so
doubtful a disputation, that we were in very great fear all should be
cast in the hows, and that their opposition to the whole directory
should be as great as to the government; yet God in his mercy guided
it so, that yesterday we got them, and all others, so satisfied, that,
_nemine contradicente_, it was ordered all together to be transmitted
to the Houses, and Goodwin to be one of the carriers; which was this
day done, to all our great joy, and hope that this will be a good
ground of agreeance betwixt us and them, either soon or syne. What
remains of the directory, anent marrying and burial, will soon be
dispatched. The catechism is drawn up, and, I think, shall not take up
much time. I fear the Confession of Faith may stick longer. However, we
will, by God’s help, have so much work done in a month, that it seems
necessar to have a general assembly in Scotland shortly, that some of
us may bring there what has been so long in doing, to be revised, and,
I hope, without great difficulty, to be passed. If it please the Lord
to perfect this work, it will be the sweetest and most happy business
that ever in this isle was enterprised. The hope of it comforts us in
the midst of our perplexities, which sometimes are not small.

       *       *       *       *       *

_Publick Letter. December 1, 1644._

The House of Commons have passed, without any variation to count of,
all the directory we sent them, and I hope to-morrow will send it to
the Lords to make an ordinance upon it. In the assembly we have stuck
longer than we expected on marriage; but I hope to-morrow we shall end
it; and before this week end we shall pass the two remanent parts of
the directory, fasting, and burial, or visitation of the sick; also,
that we shall one of the days of this week send up the rest of our
votes of government, except we fall in debate of some passages of our
too large answer to the Independents reasons against presbyteries.
Believe it, for as slow as you may think us, and as we pronounce
ourselves to be, yet all the days of the week we are pretty busy. We
sit daily from nine till near one; and after noon till night we are
usually in committees. Saturday, our only free day, is to prepare for
Sunday; wherein we seldom vaik from preaching in some eminent place
of the city. Judge what time we have for letters, and writing of
pamphlets, and many other businesses. We would think it a great ease
both to our bodies and spirits to be at home.

       *       *       *       *       *

Lieutenant-General Cromwell has publickly, in the House of Commons,
accused my Lord of Manchester of the neglect of fighting at Newbury.
That neglect indeed was great; for, as we now are made sure, the
King’s army was in that posture, that they took themselves as lost all
utterly. Yet the fault is unjustly laid on Manchester. It was common
to all the general officers then present, and to Cromwell himself as
much as to any other. Always Manchester has declared himself abundantly
in the House of Lords and there has recriminated Cromwell, as one who
has avowed his desire to abolish the nobility of England; who has
spoken contumeliously of the Scots intention of coming into England
to establish their church-government, in which Cromwell said he would
draw his sword against them; also against the assembly of divines, and
has threatened to make an army of sectaries, to extort by force, both
from King and parliament, what conditions they thought meet. This fire
was long under the embers; now it has broken out, we trust, in a good
time. It is like, for the interest of our nation, we must crave reason
of that darling of the sectaries, and in obtaining his removal from the
army, which himself, by his own rashness, has procured, to break the
power of that potent faction. This is our present difficult exercise.

       *       *       *       *       *

_To Mr William Spang. December 6, 1644._

We never go so quickly in the assembly as we expect. This week, after
many sharp debates, we have agreed, and sent up to the Houses, our
directory, for marriage, and days of thanksgiving; also we have,
with much difficulty, passed a proposition for abolishing their
ceremonies at burial: but our difference about funeral sermons seems
irreconcileable, as it has been here and every where preached. It is
nothing but an abuse of preaching, to serve the humours only of rich
people for a reward. Our church expressly has discharged them on many
good reasons. It is here a good part of the ministers livelihood;
therefore they will not quit it. After three days debate, we cannot
find yet a way of agreeance. If this were passed, there is no more
in our directory, but fasting and holidays, wherein we apprehend no
difference. Upon these, with our votes of government already passed,
and our answers to the Independents reasons, the next week, I think,
will be spent.

       *       *       *       *       *

This matter of Cromwell has been a high and mighty plot of the
Independent party to have gotten an army for themselves under Cromwell,
with the ruin, and shamefully unjust crushing, of Manchester’s person,
of dissolving the union of the nations, of abolishing the House of
Lords, of dividing the House of Commons, of filling the city, and most
of the Commons, with intestine wars, of setting up themselves upon
the ruins of all; but God, who has drawn us out of many desperate
dangers, is like to turn this dangerous mischief on the heads of the
contrivers. I hope it shall break the far more supposed than real
strength of that party, and unite us more strongly; but we are yet
wrestling with them. By the next you may have more.

       *       *       *       *       *

_Publick Letter. December 26, 1644._

We daily now make good progress in the assembly. We have sent up our
directory for marriage and thanksgiving; we have also got through
burial. We have some little thing to say of fasting, and visiting of
the sick; and so our long-looked for directory will be closed. It is
exceedingly liked by all who see it. Every piece of it passes the
Houses as fast as we send it. Our answers to the Independents reasons
are now ready, and I hope this week may be sent up to the House. We
have also put together all our votes of government, and will send
them up to-morrow to both Houses. The Independents have entered their
dissent only to three propositions: “That in Ephesus was a classical
presbytery; That there is a subordination of assemblies; That a single
congregation has not all and sole power of ordination.” Their reasons
against these three propositions we expect to-morrow. Against the end
of the next week we hope our committees will have answers ready to
all they will say; and after all is sent up to the House, by God’s
help, we expect shortly an erection of presbyteries and synods here;
for there appears a good forwardness to expede all things of that
kind in both Houses since the taking of Newcastle. If the directory
and government were once out of our hands, as a few days will put
them, then we will fall on our great question of excommunication,
the catechism, and confession. There is here matter to hold us long
enough, if the wrangling humour which long predominated in many here
did continue; but, thanks to God, that is much abated, and all incline
towards a conclusion. We have drawn up a directory for church-censures
and excommunication; wherein we keep the practice of our church, but
decline speculative questions. This, we hope, will please all who
are not Independents; yea, I think even they needed not differ with
us here: but it yet appears they will to separation, and are not so
careful to accommodate, as conscience would command peaceable men to
be. However, we hope to get the debates of these things we most feared
either eschewed or shortened. We have near also agreed in private on a
draught of catechism; whereupon, when it comes in publick, we expect
little debate. I think we must either pass the Confession to another
season, or, if God will help us, the heads of it being distribute among
many able hands, it may in a short time be so drawn up, as the debates
of it may cost little time. All this chalking is on the supposition
of God’s singular assistance, continuing such a disposition in the
assembly and parliament as has appeared this month or two bypast. On
this supposition, two months, or three at most, may do much to put on
the cope-stone of our wonderful great work.

       *       *       *       *       *

We hope this day to close in the assembly, the remainder of our
directory, and to send it up to-morrow to the Houses; so the next
week we expect an ordinance of parliament for the whole directory.
We have transmitted our answers to the Independents reasons against
our presbytery. They are well taken, and now upon the press. We hope,
in the beginning of next week, to send up also our answer to their
reasons against synods. We make no question but shortly thereafter the
Houses will pass an ordinance for the government; what is behind, a
good part of it, will be ended, and follow us to our general assembly;
and all the rest, by all appearance, will be closed in a month or two
thereafter; for all men now incline to a conclusion.

       *       *       *       *       *

_For Mr William Spang. December 27, 1644._

We have ended this day the directory in the assembly. The Houses are
through the most of it already. Before we go they will pass all.
What remains of the government concerning the hard questions of
excommunication, Mr Henderson has drawn it up by way of a practical
directory, so calmly, that we trust to get it all past the assembly
next week, without much debate. The men whom most we feared, profess
their satisfaction with that draught. It is certainly true of what you
wrote, of the impossibility ever to have gotten England reformed by
human means, as things here stood without their brethrens help. The
learnedest and most considerable part of them were fully Episcopal.
Of these who joined with the parliament, the greatest and most
countenanced part were much Episcopal. The Independents had brought
the people to such a confusion, that was insuperable by all the wit
and strength which was here; but God has so guided it, that all has
contributed for the main work. The wickedness of the Popish and
Prelatical faction still continuing and increasing; the horrible
extravagancies of the sectaries; the unreasonable obstinacy of the
Independents; the strange confusions of this long anarchy; and, most
of all, God’s good hand on us here in the assembly, and on our armies
in the fields, has contribute to, dispose this land to a very fair
reformation above all their hopes.

[_See continuation of the Account of the Westminster Assembly,
appended to the Acts of 1645._]


2. _Note of Proceedings in the Convention of Estates relative to the
Church, from the 27th of June, 1643, to the 29th of July, 1644._[329]

1643.

_June 27._ Act for Printing the Declaration of the General
Assembly.—Acts, vol. vi., p. 7.

_July 4._ Answer of the Convention to the Remonstrance and Desires of
the Commissioners of the General Assembly, p. 8.

_July 6._ Remonstrance of the Commissioners of the General Assembly,
concerning the Remedies of the present Danger of Religion, p. 9.

_July 11._ Committee for the Remedies of the Dangers of Religion, p. 13.

_July 13._ Warrant to print the Answer of the Convention to the
Remonstrance of the General Assembly, and the Second Remonstrance, p.
13.

_July 14._ Declaration of the Parliament of England, (June 27, 1643,)
p. 13.

_July 17._ Answer of the Estates to the Declaration of the Parliament
of England, p. 14.

_Aug. 17._ Covenant to be betwixt the two Kingdoms, p. 41. The Estates’
Approbation of the Covenant, p. 43.

_Aug. 26._ The Result of the Treaty with the English Commissioners,
(Aug. 25, 1643,) p. 47. Declaration of the Estates to the Parliament
of England, p. 50. Earl of Leven appointed Lord General, p. 59. Act
anent Non-Covenanters’ Estates, p. 61. Act for putting the Kingdom in
a posture of Defence, p. 61.

1644.

_Jan. 4._ Act ordaining the Rents of Non-Covenanters to be uplifted
for the use of the Public.—Acts, vol. vi., p. 61. (See below.) Act for
putting the Kingdom in a posture of Defence, p. 61.

_Jan. 6._ Act anent Presentation of Ministers by Presbyteries to Crown
Patronages, p. 66. Declaration of both Kingdoms as to Defence of
Religion, &c., p. 66. (See below.)

_June 28._ Instructions for the Commissioners who are to go to England,
p. 101.

_July 15._ Act anent Ratification of calling Convention, Ratification
of League and Covenant, Articles of Treaty, &c., p. 106.

_July 16._ Commission to those sent to England concerning Treaty of
Peace, p. 115.

_July 23._ Act discharging Execution of Captions on Sunday, p. 127.
Act anent Divorce for Adultery, p. 127. Act discharging Patronages
belonging to particular Ministers, p. 128. Act against Tavern-keepers
selling Drink on Sunday, p. 128. Act declaring the Books of Ministers
surviving their Wives, not to fall in their Wives’ Executry, p. 128.
Act declaring Vacant Stipends should be employed upon Pious Uses, p.
128. Ratification of Act of Convention concerning Presentations to
Kirks of his Majesty’s Patronage, p. 129. Act in favour of Ministers
for their Stipends—Universities, &c., anent Malignants’ Rents, p.
129. Act anent Universities of St Andrew’s, Glasgow, Aberdeen, and
Edinburgh, p. 129.

_July 24._ Act renewing Commission for Plantation of Kirks and
Valuation of Teinds, p. 130.

_July 27._ Act extending former Acts anent Designation of Manses
and Gleibs to Ministers, p. 142. Ratification in favour of Town of
Edinburgh of Mortification granted to them of the Bishopricks of Orkney
and Edinburgh, and Deanery of Edinburgh, p. 158.

_July 29._ Renewing Commission for Conserving Peace, p. 155 and 157.

       *       *       *       *       *

1644.—Jan. 4.

_Act anent Non-Covenanters’ Estates._[330]

The Conventione ordains the estatis and rentis of all sutche as ar
sentenced for not subscryveing the Covenant to be maid furthcumeand and
vpliftit for the vse of the publict, reserving alwayes pouer to the
Committie of Estaitis to modifie some allowance for mantenance of their
wyffis and childrine within the countrey, as they sall think fitting,
&c.

       *       *       *       *       *

1644.—Jan. 6.

_Act anent Presentation of Ministers._[331]

The Convention of Estates having this day receavit an Act of the
Commissioners of the Generall Assemblie, for planting of Kirks of His
Majesties Patronage dureing the tyme of these troubles, presented
unto them by Maister Robert Douglas, Moderator, and Maister Androw
Ramsay. And haveing considered the samyne, and the recommendation
therin contained for provydeing some way, by authoritie of this
Convention, for setleing and possessing the intrants in the stipendis
and benefices belonging to these Kirkes, and finding no way so
fitt for that end, and for preserveing the right and possession of
the Patronages to his Majestie, then that, in this tyme of trouble,
presentationes pass his Majesties caschett and Privie Seale, quhilk is
alyke, and is hereby declaired to be of as great force and authoritie
as if the samyne had past his Majesties royall handis, Therefore gives
hereby warrand and command to the Commissioners of the Thesaurerie, or
anie one of them, to recive presentations frome Presbyteries to all
Kirkes of his Majesties patronages, vaiking, or quhilk heirefter sall
vaike during these troubles, and to signe the samyne, and ordaines the
samyne, swa signed, to passe his Majesties caschett, and therefter the
Privie Seale, and that all Letters and executorialls necessar be direct
thereupon, &c.




THE

GENERAL ASSEMBLY,

AT EDINBURGH, 1645.


The Assembly of 1644, at its rising, appointed the next meeting in
May, 1645; but the important military and political movements which at
that period agitated the whole British dominions, rendered an earlier
meeting expedient. The first Triennial Parliament of Scotland (which
met, according to the enactments on the subject, in 1641) having, at
the close of its session, in the summer of 1644, been continued to the
first Tuesday of January following—and the Assembly being now virtually
an integral branch of the Scottish Legislature, in regard to political
as well as spiritual affairs—the Commission convoked an extraordinary
Assembly, to be held on the 22d of January, 1645, at the same time with
the meeting of Estates, which assembled on the first Tuesday of that
month.

It is quite impossible, in the narrow limits to which we are confined,
to attempt giving anything like a full or correct picture of the
miserable state of anarchy, wrangling, bloodshed, and terror, which
pervaded these kingdoms during the few months which intervened betwixt
the two Assemblies of 1644 and 1645: the interminable altercations
which took place among theologians, politicians, and cavillers of
every conceivable description, fill volumes. After above three years’
confinement in the Tower, Laud, the ousted Archbishop of Canterbury,
was, to gratify the Scotch, put upon his trial by the English
Parliament; and, on the 10th of January, 1644, the Covenanters were
fully avenged, in his blood on the scaffold, for the part he took in
regard to the Service-Book of 1637.

But, reverting to military operations, we may just notice that, on
Sunday, the 3d of July, 1644, the Battle of Marston Moor was fought,
betwixt the King’s troops and the combined armies of the English and
Scotch Parliaments, when the latter obtained a decisive but dearly-won
victory. The King lost 10,000 men in killed and prisoners, forty-seven
standards, and twenty-five pieces of cannon, besides great store of
arms and munitions. This battle is memorable as being the first great
occasion on which the military genius of Oliver Cromwell shone forth
conspicuously, and as the commencement of a course by which he ascended
to supreme power in the State.

To counterbalance this and other successes in England, an insurrection
in the King’s favour, of which Montrose was the guiding spirit, took
place in Scotland, of which, however, it were superfluous to give
minute details. But while the flower of the Scottish army was engaged
in co-operating with the Parliamentary forces in England, Montrose
successively achieved victories of the most brilliant and extraordinary
character in Scotland. In various quarters, he carried all before his
handful of brave but undisciplined followers. He ravaged Glenorchy and
Argyle; and, throughout the eccentric tract of his daring and desultory
career, he filled the hearts of the Covenanters with terror and with a
dark revenge, which was only quenched in his blood when, after other
triumphs equally splendid, he was betrayed into their hands. Suffice
it to state that, on the 1st of September, 1644, he defeated at
Tibbermuir, near Perth, a superior body of the Covenanters, commanded
by Lord Elcho, although they were nearly double in numbers to his raw
levies of Highlanders and Irish. A force, well appointed with cavalry
and artillery, was completely routed by a band without artillery, and
in which there were only three horses. Perth surrendered at discretion
to the victors. He proceeded northwards to Aberdeen, secured the
Bridge of Dee, and, on the 14th of the same month, stormed and sacked
that city. He thence passed farther north; but superior forces being
in his front, he doubled on his pursuer Argyle—who ever kept at a
convenient distance in his rear—entered Badenoch, dashed through Atholl
and Angus-shire, and back to Strathbogie—repulsed an attack on him
by the Earl of Lothian, at Fyvie Castle; and, by all these rapid and
successful movements, exhausted the military ardour of Argyle, who
betook himself to winter quarters, and retired to Inverary, in a false
security, which proved fatal to his military reputation.

About the middle of December, however, Montrose, even with diminished
forces, penetrated through the snows of winter, and, in paths hitherto
untrodden by the feet of soldiers in hostile array, descended like
an avalanche upon Argyleshire, where, from the 13th of December,
1644, till the end of the month of January, 1645, the wild heroism
of Montrose’s band carried slaughter and desolation throughout the
territories of his chief antagonist, and the chief pillar also of the
Covenant. Argyle himself, surprised and panic-struck, escaped in a
fishing-boat, leaving his kinsmen and clan to the ravages of a fierce
and vindictive enemy, without even striking, or attempting to strike,
one gallant blow for the honour and the cause of Maccallamore. After
satiating his followers with vengeance and plunder, Montrose retired
towards Inverness, with the view of rallying the northern clans under
the banner of the King, and of speedily renewing his campaign with
renovated energy and augmented power. But here, for the present, we
pause in our notices of his exploits; for it was while these operations
were in progress—while the terror of his name filled all broad Scotland
with alarm—and his meteor-like career inspired alike its chiefs and its
peasantry with apprehension, lest some unexpected bolt might strike
their dwellings—that the Estates and General Assembly convened in the
end of January, 1645.

Coincident with the meeting of the Scottish Estates and Assembly,
an attempt was made at pacification betwixt the King and both his
Parliaments. On the 21st of January, the King granted a safe conduct to
negotiators from both these bodies—Henderson being one of those from
Scotland; and Uxbridge, near Oxford, was the place appointed for their
meeting with Commissioners on the part of the King. Among the topics of
negotiation, religion was, of course, a leading one. His Majesty was
required to sanction a Bill for the Abolition of Prelacy—the Ordinance
for the Assembly of Divines—to consent to a Directory, and certain
other debatable propositions—all amounting to an establishment of
Presbytery in England; and further, that the King should join in the
Solemn League and Covenant, and concur in an Act of Parliament binding
all the people of Britain to take it, under such penalties as might
be decided on by the two Parliaments. After a fruitless and prolonged
controversy—the King having refused to acquiesce in these proposals—the
treaty broke off, and left the country in the same state of confusion.
And even before the establishment of Presbytery in England was thus
pertinaceously insisted on, the Independent faction in the English
Parliament had laid a train of intrigues, by which the scheme was, ere
long, rendered utterly abortive.




THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY, MET OCCASIONALLY AT EDINBURGH, JANUARY 22,
1645.


Die Jovis, 23 Jan. 1645. Post Meridiem.

Sess. II.

_The Letter from the Commissioners at London to the Generall Assembly._

Right Honourable, Reverend, and beloved in the Lord.

As we are not without the knowledge, so are we not without the feeling
of the distresses of our Native Countrey, and of the Troubles of our
dear Brethren, specially that the hand of the Lord is stretched
out against you, not only by Invasion from without of the basest of
the children of men, but also by the unnaturall treachery of some
within, who have dealt perfidiously in the Covenant and Cause of God:
They hisse and gnash the teeth; they say, Wee have swallowed her up:
certainly this is the day that wee looked for: wee have found, wee
have seen it; the Lord hath caused thine Enemy to rejoyce over thee,
he hath set up the horn of thine Adversaries: Yet (saith the Lord, who
is thy maker and thy husband, the Lord of hosts is his name, and thy
redeemer the holy One of Israel) for a small moment have I forsaken
thee, but with great mercies will I gather thee. In a little wrath I
hide my face from thee, for a moment; but with everlasting kindnesse
will I have mercy on thee: for this is as the waters of Noah, the
Covenant of my peace shall not be removed, saith the Lord that hath
mercy on thee. When the foundation of the House of the Lord was laid,
the Priests and Levites sung together in praising and giving thanks
to the Lord, Because he is good, for his mercy endureth for ever. And
we hope at this time upon the coming of our reverend Brethren, and
the sight of that which they bring with them, the noise of the shout
of joy, shall be louder than the noise of the weeping of the People.
This we may say, that not many years ago, many of us would have been
content to have losed our lives, that we might have obtained that which
the Lord, if not in a miraculous, yet in a marvellous and mercifull
providence, hath brought to passe in this Iland, in these dayes, which
many before us, have desired to see, and have not seen. God forbid
that it should seeme a small thing in your eyes which is done here
already, as it is expressed in a Paper from the Parliament, and Letters
from the Assembly. Ye are best acquainted with the tentations and
difficulties which ye meet with there, which are also very sensible
unto us; And when we consider how the Lord hath carried on his work
here at the first taking of the Covenant, and since, against much
learning and contradiction, against much Policie, power, and all sorts
of opposition (such as Reformation useth to encounter) we are ravished
with admiration of the right hand of the Almighty. For our part, we
may confidently avouch in the sight of GOD and before you, whom next
unto GOD we do respect and reverence, and to whom as your servants
we are accomptable, that in all our proceedings we had first of all
the word of GOD before our eyes for the Rule; and for our Patern the
Church of Scotland, so much as was possible; and no lesse (if not more)
then if all this time since we parted from you, we had been sitting
in a Nationall Assembly there, and debating matters with our Brethren
at home: Where we were not able to get every thing framed to our
minde, we have endeavoured as much as we could, to preserve our own
Reformation and practice, of which our Brethren will give you accompt
in the particulars, we hope, to your satisfaction. That a Uniformitie
in every thing is not obtained in the beginning, let it not seem
strange; The levelling of the high Mountain of Prelacie, The laying
aside of the Book of Common Prayer, The Directory of Worship concluded
in both Houses of Parliament, and the principal Propositions of
Church-government passed in the Assembly, all of them according to the
Solemne League and Covenant, the greatest of all, are three or foure
witnesses to prove that the Lord hath done great things for us, whereof
we are glad, and which make us like them that dream: And we are sure,
that not onely the Reformed Kirks, but the Papists will say, the Lord
hath done great things for them.

All that we desire, is: 1. That the Directory of Worship may be
returned by our Brethren with all possible exediption, that it may be
published here, and put in practice, as that which is extreamely longed
for by the good People, and will be a remedy of the many differences
and divisions about the Worship of God in this Kingdome, especially in
this place: If there be any thing in it that displeaseth, let it be
remonstrate upon irrefragable and convincing reason, otherwise ye will
in your wisedome give approbation to it. 2. If there be any particular
differences among some Brethren, which are not determined, but passed
over in silence in the Directory, and yet hinted at in the Letter
from the Assembly, we hope that in your wisedome ye will so consider
of them, that they may be layde aside in due time, and that in the
meanwhile, till the Directory be concluded and put in practice, there
be no trouble about them, for that were as Snow in Summer, and as Rain
in Harvest. We know nothing of that kinde, that all of us who love
Unitie, Order, and Edification, may not perfectly agree in, without
scandall or disturbance: And we beseech the Lord to keep that Kirk free
of such Sects and Monsters of Opinions, as are daily set on foot and
multiplied in this Kingdome, through the want of that Church-government
by Assemblies, which hath preserved us, and we hope, through the
blessing of God, shall cure them. 3. Because Nationall Assemblies
cannot frequently conveene, we humbly desire, that such a Commission
may be settled, as we may at all occasions, til the Work be finished,
have our recourse unto, for our direction and resolution: for we know
both our own weaknesse, and the greatnesse of the Work: wherein we can
promise no more but to be faithfull in obeying your commandments, as in
the sight of God, whom with our Souls we pray, to grant you his Spirit,
to guide you into all truth: And thus continue

  Your humble and faithfull Servants

  _Subscrib._ LOUDOUN.
              ALEX. HENDERSON.
              JO. MAITLAND.
              SAM. RUTHERFURD.

  Worcester house, Jan. 6, 1645.

DIRECT.

  For the Right Reverend the General Assembly of the Kirk of Scotland.


       *       *       *       *       *

_The Letter from the Synode of Divines in England, to the Generall
Assembly._

  Right honourable, right reverend, and dearly beloved in the LORD
  JESUS,

As cold waters to a thirsty soul, so is good news from a far Countrey.
We your Brethren, yet remaining in the Furnace of affliction, and still
labouring in the very fire, Have at length, by the good Hand of GOD
upon us, attained so far toward the Mark at which we all aime, that we
shall now send you, by two of your Reverend and Faithful Commissioners
Mr Robert Bailie, and Mr George Gillespie (our much honoured Brethren)
some good news of that great Work, after which your zeal for Truth and
Peace hath so much thirsted, and for which you have not loved your
lives unto the death.

Our progresse therein hath not been so expeditious as was desired and
expected. This, unto such as either know not, or consider not, The
weight and greatnesse of the Work, nor The manifold difficulties which
have occurred to obstruct our proceedings in this day of darknesse and
calamity (too sad to be expressed) hath been like unto hope deferred,
which makes the heart sick: Howbeit, we trust, That when their desire
(namely that which we have prepared, and are further in travell with)
shall come unto them, It will be, through God, a Tree of life, as to
our great comfort and encouragement, we already perceive it to be to
both the honourable Houses of Parliament.

Touching the severall Papers brought to us from your Honourable and
Reverend Commissioners, by the hands of the Committee appointed to
treat with them in matters of Religion (one of the Papers, being
given in the 10 of November 1643, Concerneth the severall sorts of
Church-officers and Assemblies: Another, bearing date the 24 of
January 1643, Concerneth Congregationall Elderships, and Classical
Presbyteries: The other, being presented the 15 of August last,
representeth the necessity of making greater speed in setling the
intended Uniformity in Religion, according to the late solemne
Covenant:) We hold it our duty, in regard both of the arct and
inseparable Union, which the Lord hath happily and seasonably made
between you and us, and of your indefatigable and inestimable labour of
love to this afflicted Kingdom, to give your Lordships and the rest of
that Venerable Assembly, some brief account.

Concerning one Confession of Faith, and Forme of Catechisme, we make
no question of a blessed and perfect harmony with you. The publick
Doctrine, held out by our Church to all the World (especially when it
shall be reviewed, which is in great part done) concurring so much with
yours, may assure you of your hearts desire in those particulars, so
soon as time and opportunity may give us liberty to perfect what we
have begun.

The chief reason of laying aside the review of our Publick Doctrine,
after the happy and much desired arrival of your Reverend Commissioners
here, was, The drawing up and accelerating of a Directory for Worship,
and of a Forme of Church-Government; in both of which we stood at
a greater distance from other Reformed Churches of Christ, and
particularly from yours (which we very much honour) with whom our
solemne sacred Nationall Covenant requireth us to endeavour the nearest
Conjunction and Uniformity, that we and our posterity after us, may as
Brethren live in Faith and Love, and the Lord may delight to dwell in
the midst of us.

Nor have our labours therein been frustrate: For we have perfected and
transmitted a Directory for Worship, to both Houses of Parliament,
where it hath received such acceptance, that it is now passed in both
the Honourable Houses of Parliament; which we hope will be to the joy
and comfort of all our godly and dear Brethren in all His Majesties
Kingdoms and Dominions.

We have not advised any imposition which might make it unlawfull to
vary from it in any thing; Yet we hope, all our Reverend Brethren in
this Kingdom, and in yours also, will so far value and reverence that
which upon so long debate and serious deliberation hath been agreed
upon in this Assembly (when it shall also passe with you, and be setled
as the common publick Directory for all the Churches in the three
Kingdoms) that it shall not be the lesse regarded and observed. And
albeit we have not expressed in the Directory every minute particular,
which is or might be either laid aside or retained among us, as comely
and usefull in practice; yet we trust, that none will be so tenacious
of old customs not expressly forbidden, or so averse from good
examples although new, in matters of lesser consequence, as to insist
upon their liberty of retaining the one, or refusing the other, because
not specified in the Directory; but be studious to please others rather
then themselves.

We have likewise spent divers moneths in the search of the
Scriptures, to finde out the minde of Christ concerning a Forme of
Church-government, wherein we could not but expect the greatest
difficulty: For our better Progresse herein, wee have with all respect
considered the severall Papers of your Honourable and Reverend
Commissioners touching this Head; and do with all thankfulnesse,
acknowledge their great zeal, judgement, and wisdom expressed therein;
as also, the excellent assistance and great furtherance of your
Reverend Commissioners in this great Work; which now, through GODS
goodnesse, is very near to a period also.

In pursuit whereof, we made a strict survey and scrutinie of every
Proposition, that we might finde it agreeable to, and warranted by
the Word of God, in a method of our own; without resting upon any
particular modell or frame whatsoever already constituted: What we have
performed, and how farre we have proceeded therein, we leave to the
information of your Reverend Commissioners, who have been eye and ear
witnesses of all that hath past, and we doubt not but you will shortly
receive a satisfactory answer from hence, so soon as it shall be passed
in the Honourable Houses of Parliament.

And now, Right Honourable, and right Reverend Brethren, let it not
seem grievous that we have thus long delayed the satisfying of your
earnest and just expectation: It is the Lot of Jerusalem, to have
her Wals built in troublous times, when there are many adversaries.
Nor let it offend, that (albeit we acknowledge the many, great, and
inestimable expressions of your love, zeal, and helpfulnesse unto us
every way in the day of our distresse, to be beyond all that we can
in words acknowledge) we professe plainly to you, That we do most
unwillingly part with those our Reverend and dear Fellow-labourers,
your Commissioners, whom now you have called home, to render an account
of their imployment here; which hath been so managed both by them and
the rest of their Honourable and Reverend Colleagues, as deserveth many
thanks, and all Honourable acknowledgement, not onely from us, but from
you also.

Give us leave to adde, that the long experience we have had of the
great sufficiency, integrity, and usefulnesse of them all, in the
great Work of Christ our common Lord and Master, inforceth us (next
to our greatest sute, for the continuance of your fervent prayers) to
be earnest suiters, not onely for the continuance of these excellent
helpers, Mr Alex. Henderson, and Mr Sam. Rutherfurd, yet remaining with
us, but also for the speedy return hither of our Reverend Brethren that
are now going hence, for the perfecting of that Work which yet remains.
And this sute we trust, you will the rather grant, because of the great
and joint concernment of both Churches and Kingdoms in these matters.

Now the spirit of wisdom and of all grace rest upon you in all your
great consultations, as at all times, so especially now when you shall
be gathered together in the Name of the Lord Jesus, for the further
building up and polishing of his Church; and cause the fruit of all
your labour to be to the praise and glory of GOD, and the comfort and
rejoycing of the hearts of all the Israel of GOD: He reward all our
dear Brethren of that Sister Church and Nation manifold into their
bosome, all the labours, love, and sufferings which they have afforded,
and still do cheerfully continue, for our sakes and the Gospels, in
this distracted and bleeding Kingdome; suppresse all commotions and
bloody practices of the common Enemy, in both, yea in all the three
Kingdoms; set up the Throne of Jesus Christ, and make all the Kingdoms
to be the Lords, and our Jerusalem to be a praise upon Earth, that all
that love her and mourn for her, may rejoyce for joy with her, and may
suck and be satisfied with the breasts of her consolation.

_Subscribed by_

  Your most loving Brethren, and fellow-labourers in the Work of the
  LORD, in the name of this whole Assembly,

  WILLIAM TWISSE, _Prolocutor_.
  CORNELIUS BURGES, _Assessor_.
  JOHN WHITE, _Assessor_.
  HENRY ROBROUGH, _Scriba_.
  ADONIRAM BYFIELD, _Scriba_.

  Westminster, Jan. 6, 1644.

DIRECT.

  To the Right Honourable, and Right Reverend, the Generall Assembly of
  the Church of Scotland, these present.

       *       *       *       *       *

28 Jan. 1645. Post meridiem. Die Martis.

Sess. V.

_Approbation of the Proceedings of the Commission of the two preceding
Assemblies._

The Generall Assembly, having heard the report of the Committee
appointed to consider and examine the Proceedings of the Commissioners
of the two last Generall Assemblies, viz. Of the Assemblies held in
Edinburgh in the yeers 1643 and 1644; And after mature deliberation,
and serious consideration thereof, Finding that the whole Acts,
Proceedings, and Conclusions of the saids Commissioners contained in a
Book and Register, subscribed by Master Andrew Ker, their Clerk, and
by Master George Leslie, Moderator, and Master William Jaffray, Clerk
to the said Committee; Declare much wisedome, diligence, vigilancie,
and commendable zeal; And that the saids Commissioners have orderly
and formally proceeded in every thing according to their Commissions;
Do therefore Ratifie and Approve the said whole Acts, Proceedings, and
Conclusions of the Commissioners of the two Assemblies aforesaid.

       *       *       *       *       *

3 Februar. 1645. Die Lunæ. Post meridiem.

Sess. X.

  _Act of the Generall Assembly of the Kirk of Scotland, for the
  establishing and putting in execution of the_ DIRECTORY _for the
  publick Worship of God._

Whereas an happy Unity and Uniformity in Religion amongst the Kirks of
Christ in these three Kingdoms, united under one Soveraigne, hath been
long and earnestly wished for by the godly and well-affected amongst
us, was propounded as a main Article of the large Treaty, without
which Band and Bulwark no safe well-grounded and lasting Peace could
be expected; And afterward with greater strength and maturity, revived
in the Solemne League and Covenant of the three Kingdomes; whereby
they stand straitly obliged to endeavour the neerest Uniformity in
one forme of Church-government, Directory of Worship, Confession of
Faith, and forme of Catechising: Which hath also before and since our
entring into that Covenant, been the matter of many Supplications and
Remonstrances, and sending Commissioners to the Kings Majestie, of
Declarations to the Honourable Houses of the Parliament of England,
and of Letters to the Reverend Assembly of Divines, and others of the
Ministerie of the Kirk of England, being also the end of our sending
Commissioners, as was desired from this Kirk, with Commission to treat
of Uniformitie in the foure particulars afore-mentioned, with such
Committees as should be appointed by both Houses of the Parliament of
England, and by the Assembly of Divines sitting at Westminster: And
beside all this, it being in point of conscience the chief motive and
end of our adventuring upon manifold and great hazards, for quenching
the devouring flame of the present unnaturall and bloody Warre in
England, though to the weakning of this Kingdome within it self, and
the advantage of the Enemy which hath invaded it, accounting nothing
too dear to us, so that this our joy be fulfilled. And now this great
Work being so far advanced, that a Directory for the publick Worship
of GOD in all the three Kingdomes, being agreed upon by the Honourable
Houses of the Parliament of England, after consultation with the
Divines of both Kingdomes there assembled, and sent to us for our
Approbation, that being also agreed upon by this Kirk and Kingdome of
Scotland, it may be in the name of both Kingdomes presented to the
King, for his Royall consent and Ratification, The Generall Assembly
having most seriously considered, revised, and examined the Directory
afore-mentioned, after severall publick readings of it, after much
deliberation, both publickly, and in private Committees, after full
liberty given to all to object against it, and earnest invitations of
all who have any scruples about it to make known the same, that they
might be satisfied, Do unanimously, and without a contrary Voice, Agree
to, and Approve the following Directory, in all the Heads thereof,
together with the Preface set before it: And doth require, decerne, and
ordain, That according to the plain tenour and meaning thereof, and
the intent of the Preface, it be carefully and uniformly observed and
practised by all the Ministers and others within this Kingdome, whom
it doth concerne; which practice shall be begun, upon Intimation given
to the severall Presbyteries, from the Commissioners of this Generall
Assembly, who shall also take speciall care for the timeous Printing
of this Directory, that a printed Copy of it, be provided and kept for
the use of every Kirk in this Kingdome; Also that each Presbyterie
have a printed Copy thereof for their use, and take speciall notice
of the Observation or neglect thereof in every Congregation within
their bounds, and make known the same to the Provinciall or Generall
Assembly, as there shall be cause. Provided alwayes, that the Clause
in the Directory, of the Administration of the Lords Supper, which
mentioneth the Communicants sitting about the Table, or at it, be not
interpreted as if in the judgement of this Kirk, it were indifferent
and free for any of the Communicants, not to come to, and receive at
the Table; or as if we did approve the distributing of the Elements
by the Minister to each Communicant and not by the Communicants among
themselves. It is also provided, That this shall be no prejudice to the
order and practice of this Kirk, in such particulars as are appointed
by the Books of Discipline, and Acts of Generall Assemblies, and are
not otherwise ordered and appointed in the Directory.

Finally, the Assembly doth with much joy and thankfulnes acknowledge
the rich blessing and invaluable mercy of God, in bringing the so
much wished for uniformity in Religion, to such a happy Period, that
these Kingdoms once at so great distance in the form of Worship, are
now, by the blessing of GOD, brought to a neerer Uniformity than any
other Reformed Kirks, which is unto us the return of our Prayers, and
a lightning of our Eyes, and reviving of our hearts, in the midst of
our many sorrows and sufferings, a taking away in a great measure,
the reproach of the People of GOD, to the stopping of the mouthes of
Malignant and disaffected persons, and an opening unto us a door of
hope, that GOD hath yet thoughts of Peace towards us, and not of evill,
to give us an expected end: In the expectation and confidence whereof
we do rejoyce, beseeching the Lord to preserve these Kingdomes from
Heresies, Schismes, Offences, Prophanenesse, and whatsoever is contrary
to sound Doctrine, and the power of Godlinesse, and to continue
with us, and the generations following, these his pure and purged
Ordinances, together with an increase of the power and life thereof, To
the glory of his great Name, the enlargement of the Kingdom of his Son,
the corroboration of Peace and Love between the Kingdoms, the unity and
consent of all his People, and our edifying one another in love.

       *       *       *       *       *

  The DIRECTORY FOR WORSHIP, mentioned in the preceding Act, needs not
  to be here printed, because it is to be printed in a Book by itself.

       *       *       *       *       *

7 February, 1645. Post meridiem. Sess. XIV.

_Overtures for advancement of Learning and good Order in Grammar
Schools and Colledges._

I. That every Grammar School be visited twice in the year by Visitors,
to bee appointed by the Presbyterie and Kirk-Session in Landward
Parishes, and by the Town-Councell in Burghs, with their Ministers;
and, where Universities are, by the Universities, with consent alwayes
of the Patrons of the School, that both the fidelitie and diligence
of the Masters, and the proficiencie of the Schollers in Pietie and
Learning may appear, and deficiencie censured accordingly; And that
the Visitors see that the Masters be not distracted by any other
imployments, which may divert them from their diligent attendance.

II. That for the remedie of the great decay of Poesie, and of abilitie
to make Verse, and in respect of the common ignorance of Prosodie, no
School-Master be admitted to teach a Grammar School, in Burghs, or
other considerable Paroches, but such as after examination, shall be
found skilfull in the Latine Tongue, not only for Prose, but also for
Verse; And that after other trials to be made by the Ministers, and
others depute by the Session, Town, and Paroch for this effect, that he
be also approven by the Presbyterie.

III. That neither the Greek Language, nor Logick, nor any part of
Philosophie be taught in any Grammar School, or private place within
this Kingdom, to young Schollers, who thereafter are to enter to any
Colledge, unlesse it be for a preparation to their entrie there:
And notwithstanding of any progresse, any may pretend to have made
privately in these studies, yet in the Colledge hee shall not enter
to any higher Classe, then that wherein the Greek Language is taught,
and being entred, shall proceed orderly through the rest of the
Classes, untill he finish the Ordinary course of four years: Unlesse
after due triall and examination, he be found equall in Learning, to
the best or most part of that Classe, to which he desires to ascend,
by over-leaping a mid-Classe, or to the best or most part of those who
are to be graduat, if he supplicate to obtain any degree before the
ordinary time. And also, That there be found other pregnant reasons to
move the faculty of Arts to condescend thereto; And otherwise that he
be not admitted to the Degree of Master of Arts.

IIII. That none be admitted to enter a Student of the Greek tongue in
any Colledge, unlesse after triall he be found able to make a congruous
Theame in Latine; or at least, being admonished of his errour, can
readily shew how to correct the same.

V. That none be promoved from an Inferiour Classe of the ordinary
course to a superiour, unlesse he be found worthy, and to have
sufficiently profited: otherwise, that he be ordained not to ascend
with his con-disciples, and if he be a Burser, that he lose his
Burse. And namely, it is to be required, That those who are taught
in Aristotle, be found well instructed in his Text, and be able to
repeat in Greek, and understand his whole definitions, divisions, and
principall precepts, so far as they have proceeded.

VI. Because it is a disgrace to Learning, and hinderance to Trades and
other Callings, and an abuse hurtfull to the Publick, that such as are
ignorant and unworthy, be honoured with a Degree or publick Testimony
of Learning; That therefore such triall be taken of Students, specially
of Magistrands, that those who are found unworthy, be not admitted to
the Degree and honour of Masters.

VII. That none who have entred to one Colledge for triall or studie,
be admitted to another Colledge, without the Testimoniall of the
Masters of that Colledge wherein he entred first, both concerning his
Literature, and dutifull behaviour, so long as he remained there: at
least, untill the Masters of that Colledge from whence he cometh,
be timely advertised, that they may declare if they have any thing
lawfully to be objected in the contrary. And that none be admitted,
promoved, or receive Degree in any Colledge, who was rejected in
another Colledge for his unfitnesse and unworthinesse, or any other
cause repugnant to good Order, who leaves the Colledge where he was
for eschewing of Censure, or chastising for any fault comitted by him;
or who leaves the Colledge because he was chastised, or for any other
grudge or unjust Quarrell against his Masters.

VIII. That none of those who may be lawfully received in one Colledge,
after he was in another, be admitted to any other Classe, but to that
wherein he was or should have been in the Colledge from whence he came,
except upon reasons mentioned in the third Article preceding.

IX. That at the time of every Generall Assembly, the Commissioners
directed thereto, from all the Universities of this Kingdom, Meet and
consult together, for the establishment and advancement of Pietie,
Learning, and good Order in the Schools and Universities, and be
carefull that a correspondence be kept among the Universities, and so
farre as is possible, an Uniformitie in Doctrine and good Order.

  The Generall Assembly, after serious consideration of the Overtures
  and Articles above written, Approves the same, and Ordains them to
  be observed, and to have the strength of an Act and Ordinance of
  Assembly in all time coming.


_To the Honourable and High Court of Parliament, The Humble Petition of
the Generall Assembly of the Kirk of Scotland._

According to the constant and commendable practice of the Generall
Assemblies of this Kirk, Wee judge it incumbent to us, Right
Honourable, when the displeasure of the Almighty, and the extream
danger of this Kirk and Kingdome is so undenyably demonstrate to the
eyes of the whole World, by the Invasion, Increase, and Successe of
these Barbarous Irishes, and treacherous Countreymen joyned with them;
Not onely out of conscience of the trust committed unto us, To proceed
with the censures of the Kirk, against these who have joyned, or shall
happen to joyne themselves with these enemies of GOD and his Cause, To
appoint a Solemne Fast and Humiliation through the Kingdom, and to give
Warning to all the Ministers and Members of this Kirk of the dangers
and duties of the time; But also, out of respect to your Honours, _who
judge not for man, but for the Lord; Who is with you in the Judgement,
and standeth in the Congregation of the mighty_; Humbly to present your
Honours with our thoughts and desires concerning the duties which the
exigency of this time expecteth from your hands.

The impunity of known Incendiaries and Malignants, as by the course of
Divine providence (permitting those who have formerly escaped the hand
of Justice to be the prime instruments of our present Troubles) it is
held forth for a cause of the Wrath which yet burneth more and more; So
hath it been acknowledged before GOD in our publick Humiliations, to
be a maine Cause of GODS Controversie with the Land, and an accession
to the guiltinesse of the cruelty, villany, and other mischiefs
committed by them and their followers: And to lye still under the
guilt after solemne Confession, were an high provocation of GOD, and
an heavy aggravation of our sinne; And on the one part, doth grieve
the Godly, discourage their hearts, and weaken their hands, On the
other part, doth harden them who are already engaged, to persist in
their unnaturall and bloudy practices, heartneth others, who have not
hitherto avowed their Malignancy, openly to declare themselves, and is
laid hold upon by the disaffected, who lye in wait to find occasions,
as fitting to work the People to an unwillingnesse of undergoing
necessary Burthens imposed for publick good.

Although the Lord hath shewn unto us great and sore Troubles, and our
heart may be broken with reproach, shame, and dishonour, put upon us
by the vilest among men; Yet hath he made known unto us the power of
his working amidst these manifold troubles, bringing forward the much
desired Work of Uniformity in Worship and Government to a greater
perfection then was expected (as your Honours and wee did see the other
day with joy of heart) which is a Testimony from Heaven, That the
Lord hath not left us in the fiery Furnace, but dwelleth still in the
midst of the burning Bush, and should rouze up our drouping spirits to
follow GOD fully, and quicken our slownesse to hasten and help _the
Lord against the mighty_. In delay there is perill of strengthening the
arme of the intestine Enemie, making faint the hearts of our Neighbours
and Friends, and disabling us for reaching help unto those who are
wrestling against much opposition to perfect the Work of Reformation.
The reproach under which we lye almost buried, should bee so farre
from retarding proceedings, that it should intend the Spirit into a
higher degree of desire, and expede the hand to speedier action for
vindicating our own name, and that Name which is above all names from
the daily reproach of the foolish.

May it therefore please your Honours, in the zeal of the Lord, To
proceed with some speedy course of Justice against such persons as
are known to have joyned themselves, either actually in Arms, or by
their counsell, supplies, encouragements, have strengthened the hands
of the bloody Enemies, whereby a cause of the Controversie shall be
removed, the Land cleansed of the blood that is shed therein, the
cruell and crooked generation disheartned, the fainting hearts of the
Godly refreshed, and their feeble knees strengthened; And cheerfully
and unanimously to resolve upon, and put in execution all lawful and
possible wayes of speedy and active pursuing and extirpating these
barbarous and unnaturall Enemies within the Kingdom: Whereby your
thankfulnesse to GOD for promoving his owne Work, and your endeavours
of uniformity, shall be testified; your sense of the dishonour of this
Nation, and of the danger of delay, expressed, and your conscience of
the Oath of GOD upon you manifested. Wee are confident of your Honours
conscience, and care, onely we exhort you in the Lord, to unite your
Spirits, and accelerate your counsels and endeavours: And pray the Lord
of Hosts to prosper your enterprises, according to the engagement of
his Name, interest of his Work, and necessity of his People, to his own
glory, the establishment of the Kings Throne in righteousnesse, the
comfort of his Saints, and the conversion or confusion of Enemies. _Be
of good courage, and behave your selves valiantly, for our people, and
for the cities of our God. Arise, and the Lord be with you._


  _Overtures propounded by the Committee, appointed by this venerable
  Assembly, for ordering of the Bursars of Theologie, and maintaining
  of them at the Schools of Divinitie._

I. That every Bursar have yearly payed him for his maintenance £100 at
the least.

II. That the said maintenance be taken forth of the Kirk penalties,
according to the intention of the first Act for maintaining of Bursars.

III. That every Presbyterie consisting of twelve Kirks in number,
maintain a Bursar yearly at the University.

IV. And where the Presbyteries are fewer in number, that they joyne
with other Presbyteries to make up their number: And the superplus of
the number to be ordered and disposed by the Presbyteries Synods: And
that their Books bear Records thereof.

V. That the Kirks of these Presbyteries be proportionally stented,
according to the number of the Communicants in each Parochin.

VI. That the said maintenance be collected by the Moderatour of every
Presbyterie, by equall divided portions, and the one half to be brought
in to the Winter Synod, and given to the said Bursars, and the other
half at the Summer Synod, to be sent unto them: And that the severall
Synods take an exact compt hereof, and see that all be rightly done,
and that their Books bear the report hereof to the Generall Assembly.

VII. That the time of Bursars abode at the Schools of Divinity exceed
not foure years: which being expired, or in case before the expiring of
the said time, any be removed either by death, or by some Calling to a
particular Charge, another be presented to the said Benefit.

VIII. That in case any prove deficient in payment of the said
maintenance for the time to come, That it shall be carefully exacted by
the Synods, and sent over to the Generall Assembly, to be disposed upon
by them, as they shall finde expedient; that no person may have benefit
in their slacknesse and neglect.

IX. That all Bursars of Theologie bring sufficient Testimonies yearly
from the Universities where they are bred, of their proficiencie and
good behaviour: And that they be also ready to give a proof of their
labours at the severall Synods, if it shall be required. And if they be
found deficient, that they be denuded of the said Benefit, and others
more hopefull placed in their rooms.

  The Generall Assembly approves these Overtures above-written,
  And Ordains the same to be observed in all time coming. And that
  Presbyteries (who have not already done it) begin and enter to the
  maintaining of their Bursars, in manner foresaid, in this present
  year 1645. And Recommends to Presbyteries, to make choice of such for
  the Burse, as are of good report, inclined to Learning, and have past
  their course of Philosophie, And to try their qualification before
  they send them to Universities.


  _The opinion of the Committee for keeping the greater Uniformitie in
  this Kirk, in the practice and observation of the Directory in some
  points of publick Worship._

I. It is the humble Opinion of the Committee for regulating that
Exercise of reading and expounding the Scriptures read upon the Lords
Day, mentioned in the Directory, That the Minister and People repair
to the Kirk, half an hour before that time, at which ordinarily the
Minister now entreth to the publick Worship; And that, that Exercise
of reading and expounding, together with the ordinary Exercise of
Preaching, be perfected and ended at the time which formerly closed the
Exercise of publick Worship.

II. In the Administration of Baptisme, it will be convenient, That,
that Sacrament be administred in face of the Congregation, that what
is spoken and done, may be heard and seen of all, and that it be
administred after the Sermon, before the Blessing.

III. In the Administration of the Lords Supper, it is the judgement of
the Committee;

1. That Congregations be still tried and examined before the Communion,
according to the bygone practice of this Kirk.

2. That there be no reading in the time of communicating; but the
Minister making a short Exhortation at every Table, that thereafter
there be silence during the time of the Communicants receiving, except
onely when the Minister expresseth some few short sentences, suitable
to the present condition of the Communicants in the receiving, that
they may be incited and quickned in their Meditations in the Action.

3. That distribution of the Elements among the Communicants be
universally used: And for that effect, that the Bread be so prepared,
that the Communicants may divide it amongst themselves, after the
Minister hath broken, and delivered it to the nearest.

4. That while the Tables are dissolving, and filling, there be alwayes
singing of some portion of a Psalme, according to the custome.

5. That the Communicants both before their going to, and after their
coming from the Table, shall only joyne themselves to the present
publick Exercise then in hand.

6. That when the Communion is to be celebrate in a Paroch, one Minister
may be imployed for assisting the Minister of the Paroch, or at the
most two.

7. That there be one Sermon of Preparation delivered in the ordinary
Place of publick Worship, upon the day immediately preceding.

8. That before the serving of the Tables, there be onely one Sermon
delivered to those who are to communicate, and that in the Kirk where
the Service is to be performed. And that in the same Kirk there be one
Sermon of Thanksgiving, after the Communion is ended.

9. When the Parochiners are so numerous, that their Paroch Kirk cannot
contain them, so that their is a necessity to keep out such of the
Paroch as cannot conveniently have place, That in that case the Brother
who assists the Minister of the Paroch, may be ready, if need be, to
give a word of Exhortation in some convenient place appointed for that
purpose, to those of the Paroch, who that day are not to communicate;
which must not be begun untill the Sermon delivered in the Kirk be
concluded.

10. That of those who are present in the Kirk where the Communion is
celebrate, none be permitted to go forth while the whole Tables be
served, and the blessing pronounced, unlesse it be for more commodious
order, and in other cases of necessity.

11. That the Minister who cometh to assist, have a speciall care to
provide his own Paroch, lest otherwise while he is about to minister
comfort to others, his own Flock be left destitute of preaching.

12. That none coming from another Paroch, shall be admitted to the
Communion, without a Testimoniall from their own Minister: And no
Minister shall refuse a Testimoniall to any of his Paroch, who
communicates ordinarily at their own Paroch Kirk, and are without
scandall in their life for the time. And this is no wayes to prejudge
any honest Person, who occasionally is in the place where the Communion
is celebrate; or such as by death, or absence of their own Minister,
could not have a Testimoniall.

IIII. It is also the judgement of the Committee, That the Ministers
bowing in the Pulpit, though a lawful custome in this Kirk, be
hereafter laid aside, for satisfaction of the desires of the Reverend
Divines in the Synod of England, and for uniformity with that Kirk so
much endeared to us.

  The Assembly having considered seriously the judgement of the
  Committee above-written, Doeth approve the same in all the Articles
  thereof, and Ordains them to be observed in all time hereafter.


  10 February 1645.      Post meridiem.      Sess. XVI.

  _Act of the Generall Assembly of the Kirk of Scotland, Approving the
  Propositions concerning Kirk-government and Ordination of Ministers._

The Generall Assembly, being most desirous and solicitous, not onely
of the establishment and preservation of the Form of Kirk-government
in this Kingdome, according to the Word of GOD, Books of Discipline,
Acts of Generall Assemblies, and Nationall Convention; But also of
an Uniformity in Kirk-government betwixt these Kingdomes now more
straitly and strongly united by the late Solemne League and Covenant:
And considering, That as in former times there did, so hereafter there
may arise through the neernesse of Contagion, manifold mischiefs to
this Kirk from a corrupt Form of Government in the Kirk of England.
Likeas the precious opportunity of bringing the Kirks of Christ in
all the three Kingdoms, to an Uniformity in Kirk-government, being
the happinesse of the present times above the former; which may
also by the blessing of GOD, prove an effectuall meane, and a good
foundation to prepare for a safe and well-grounded Pacification, by
removing the cause from which the present Pressures and bloodie Wars
did originally proceed: And now the Assembly having thrice read, and
diligently examined the Propositions (hereunto annexed) concerning the
Officers, Assemblies, and Government of the Kirk; and concerning the
Ordination of Ministers, brought unto us as the results of the long
and learned Debates of the Assembly of Divines sitting at Westminster,
and of the Treaty of Uniformity with the Commissioners of this Kirk
there residing; After mature deliberation, and after tymous calling
upon, and warning of all who have any exceptions against the same, to
make them known, that they might receive satisfaction, Doth Agree to,
and Approve the Propositions aforementioned touching Kirk-government
and Ordination, and doth hereby Authorize the Commissioners of this
Assembly who are to meet at Edinburgh, to agree to, and conclude in
the name of this Assembly, an Uniformitie betwixt the Kirks in both
Kingdoms in the aforementioned particulars, so soon as the same shall
be ratified, without any substantiall alteration, by an Ordinance of
the Honourable Houses of the Parliament of England: Which Ratification
shall be timely intimate and made known by the Commissioners of this
Kirk residing at London. Provided alwayes, That this Act shall be no
wayes prejudiciall to the further discussion and examination of that
Article, which holds forth, that the Doctor or Teacher, hath power of
the administration of the Sacraments as well as the Pastor; As also of
the distinct Rights and Interests of Presbyteries and People in the
calling of Ministers: But that it shall be free to debate and discusse
these points as GOD shall be pleased to give further light.

  The Propositions of Government, and Ordination mentioned in the
  preceding Act, are not to be here Printed: but after the Ratification
  thereof by the Parliament of England, they are to be Printed by
  warrant of the Commissioners of this Assembly.


  12 Feb. 1645.      Post meridiem.      Sess. XVIII.

The Generall Assembly, after mature deliberation, having found it most
necessary that this whole Nation be timely Warned, and duly Informed of
their present Dangers, and the Remedies to be used, and Duties to be
done for preventing and removing thereof; Doth ordain this Warning to
be forthwith Printed and Published, and sent to all the Presbyteries
in this Kingdom, as also to the Presbyteries that are with our Armies.
And that each Presbyterie immediately after the receipt hereof, take
speedy course for the Reading of it in every Congregation within their
bounds, upon the Lords day after the forenoons Sermon, and before the
Blessing: And that they give account of their diligence herein to the
Commissioners of the Generall Assembly; Who have hereby Power and
Warrand to try and censure such as shall contemne or slight the said
Warning, or shall refuse or neglect to obey this Ordinance.


  _A Solemne and Seasonable Warning to the Noblemen, Barons, Gentlemen,
  Burrows, Ministers, and Commons of Scotland: As also to our ARMIES
  without and within this Kingdom._

The Cause of GOD in this Kingdom, both in the Beginnings and Progresse
of it, hath been carried, through much craft and mighty opposition of
enemies, and through other perplexities and dangers; GOD so disposing,
for the greater glory of his manifold and marvellous Wisdome and his
invincible Power, and for our greater tryall.

These dangers both from without and from within, together with the
remedies thereof, have been from time to time represented and held
forth, in the many publick Supplications of this Kirk and Kingdom to
the King, and in their many Declarations, Remonstrances, Letters,
Acts, and other publick Intimations: Particularly by a necessary
Warning published by the Commissioners of the Generall Assembly in
January 1643; And by the Remonstrance of the same Commissioners to
the Convention of Estates in July thereafter, concerning the Dangers
of Religion, and the Remedies of these Dangers: which Warning and
Remonstrance at that time had, by the blessing of GOD, very good and
comfortable effects. And now the Generall Assembly it self, being by a
speciall Providence, and upon extraordinary occasions called together,
while GOD is writing bitter things against this land in great Letters,
which he that runs may read: and knowing that we cannot be answerable
to GOD, nor our own consciences, nor the expectation of others, if from
this chief Watch-Tower we should give no Seasonable Warning to the City
of GOD: While we think of these things; For Sions sake we will not hold
our peace, and for Jerusalems sake we will not rest: trusting that GOD
will give, though not to all, yet to many, a seeing Eye, a hearing Ear,
and an understanding Heart: For who is wise and he shall understand
these things, prudent and he shall know them: For the Wayes of the Lord
are right, and the just shall walk in them, but the transgressors shall
fall therein, and the wicked shall do wickedly and none of the wicked
shall understand.

That which we principally intend, is to hold forth (so farre as the
Lord gives us light) how this Nation ought to be affected with their
present Mercies and Judgements; What use is to be made of the Lords
dealings: And, what is required of a people so dealt with.

Had we been timely awaked, and taken warning, either from the exemplary
judgements of other Nations; or from Gods threatnings by the mouths of
his servants amongst our selves; or from our owne former visitations,
and namely, The Sword, threatned and drawn against us, both at home
and from abroad, but at that time through the forbearance of GOD, put
up in the Sheath again, wee might have prevented the miseries under
which now we groane. But the Cup of trembling, before taken out of our
hands, is again come about to us, that wee may drink deeper of it: And
although when these bloody Monsters, the Irish Rebels, together with
some degenerate, unnaturall, and perfidious Countreymen of our own, did
first lift up their heads, and enter this Kingdome in a hostile way,
it was looked upon as a light matter, and the great judgement which
hath since appeared in it, not apprehended: yet now wee are made more
sensible, that they are The rod of Gods wrath, and the staffe in their
hand, which hath stricken us these three times, is his indignation.
He hath shewed his people hard things, and made us to drink the wine
of astonishment. Take we therefore notice of the hand that smiteth
us, for affliction cometh not forth of the dust, neither doth trouble
spring out of the ground. There is no evill in the City nor Countrey
which the Lord hath not done. He it is that formeth the light, and
createth darknesse; Who maketh peace, and createth evill; He it is that
hath given a charge to the Sword, so that it cannot be still: He it is
that hath his other Arrows ready upon the string to shoot at us, the
Pestilence and Famine.

In the next place, let us apply our hearts to know, and to search, and
to seek out wisdome, and the reason of things, and to understand the
language of this present judgment, and Gods meaning in it: For though
the Almighty giveth not an accompt of any of his matters, and hath
his way in the sea, and his path in the deep waters which cannot be
traced; Yet he is pleased by the light of his Word and Spirit, by the
voice of our own consciences, and by that which is written and ingraven
upon our judgement, as with the point of a Diamond and a Pen of iron,
to make known in some measure his meaning unto his servants. GOD hath
spoken once, yea twice, yet man perceiveth not; Therefore now hath he
made this rod to speak aloud the third time, that we may hear the voice
of the rod, and who hath appointed it. That which the rod pointeth
at, is not any guilt of Rebellion or disloyaltie in us, as the sons
of Belial do slander and belye the Solemne League and Covenant of the
three Kingdoms, which we are so farre from repenting of, that we cannot
remember or mention it without great joy and thankfulnesse to GOD, as
that which hath drawn many blessings after it, and unto which GOD hath
given manifold and evident testimonies, for no sooner was the Covenant
begun to bee taken in England, but sensibly the condition of affairs
there was changed to the better; and though a little before the Enemy
was coming in like a Flood, yet as soon as the Spirit of the Lord did
lift up the Standard against him, from that day forward the Waters of
their Deluge did decrease.

And for our part, our Forces sent into that Kingdom, in pursuance of
that Covenant, have been so mercifully and manifestly assisted, and
blessed from Heaven (though in the mids of many dangers and distresses,
and much want and hardship) and have been so farre instrumentall to the
foyling and scattering of two principall Armies; First, the Marquesse
of Newcastle his Army, And afterward, Prince Ruperts and his together;
And to the reducing of two strong Cities, York and Newcastle, that
we have what to answer the Enemy that reproacheth us concerning that
Businesse, and that which may make iniquitie it self to stop her mouth.
But which is more unto us than all Victories, or whatsomever temporall
Blessing, The Reformation of Religion in England, and Uniformity
therein between both Kingdoms (a principal end of that Covenant) is
so far advanced, that the English Service-Book, with the Holy-dayes,
and many other Ceremonies contained in it, together with the Prelacy,
the fountain of all these, are abolished and taken away by Ordinance
of Parliament; and a Directory for the Worship of GOD in all the three
Kingdoms agreed upon in the Assemblies, and in the Parliaments of both
Kingdoms, without a contrary voice in either; the Government of the
Kirk by Congregational Elderships, Classical Presbyteries, Provincial
and National Assemblies, is agreed upon by the Assembly of Divines
at Westminster, which is also voted and concluded in both Houses of
the Parliament of England: And what is yet remaining of the intended
Uniformitie is in a good way; So that let our Lot fall in other things
as it may, the Will of the Lord be done; In this we rejoyce, and will
rejoyce, that our Lord Jesus Christ is no loser, but a Conquerour, that
his Ordinances take place, that his Cause prevaileth, and the work
of purging and building his Temple goeth forward, and not backward.
Neither yet are we so to understand the voice of the rod which lyeth
heavy upon us, as if the Lords meaning were to pluck up what he hath
planted, and to pull down what he hath builded in this Kingdom, to
have no more pleasure in us, to remove our Candlestick, and to take
his Kingdom from us: nay, before that our GOD cast us off, and the
glory depart from Israel, let him rather consume us by the Sword, and
the Famine, and the Pestilence, so that he will but keep his own great
Name from reproach and blasphemy, and own us as his people in Covenant
with him. But now there is hope in Israel concerning this thing, we
will beleeve that we shall yet see the goodnesse of the Lord in the
Land of the living: We will not cast away our confidence of a blessed
peace, and of the removing of the scourge and casting it in the Fire,
when the Lord hath by it performed his whole Work upon mount Sion and
Jerusalem, much more will wee be confident of the continuance of the
blessings of the Gospel, that glory may dwell in our Land. This is the
day of Jacobs trouble, but he shall be saved out of it: And the time
is comming, when a new Song shall be put in our mouths, and we shall
say, This is our God, we have waited for him, and he hath saved us.
Though the Lord smite us, it is the hand of a Father, not of an Enemy,
he is not consuming us, but refining us, that we may come forth as Gold
out of the Fire. We are troubled on every side; yet not distressed;
we are perplexed, but not in despaire; persecuted, but not forsaken;
cast downe, but not destroyed. We know assuredly there is more mercy in
emptying us from Vessell to Vessell, then in suffering us to settle on
our Lees, whereby our taste should remain in us, and our sent not be
changed.

These things premised, we come to the true language of this heavy
judgement, and to the reall procuring causes thereof. For the
transgression of Jacob is all this, and for the sins of the house of
Israel. God is hereby shewing to great and small in this Land their
work and their transgression, that they have exceeded. He openeth
also their eare to discipline, and commandeth that they return from
iniquity. We leave every Congregation in the Land, every Family in
every Congregation, and every Person in every Family to examine their
own hearts and wayes, and to mourn for Congregationall, Domesticall,
and Personall sinnes: Cursed shall they be who have added fuell to the
fire, and now bring no water to extinguish it, who had a great hand in
the provocation, and bear no part in the humiliation.

Let every one commune with his own conscience, and repent of his,
even his wickednesse, and say, What have I done? Wee shall here touch
onely the Nationall sinnes, or at least more publick ones, then those
of a Family or Congregation, which we also intend for chief causes of
a publick Fast and Humiliation. If among our Nobles, Gentrie, and
Barons, there have been some studying their own private interests more
then the publick, and Seeking their own things more then the things of
Christ, or oppressing and defrauding the poorer sort and the needie,
because it was in the power of their hand: and if among our Ministrie
there have been divers Time servers, Who have not renounced the hidden
things of dishonesty, whose hearts have not been right before God, nor
stedfast in his Covenant, who have been secretly haters of the Power
of Godlinesse, and of Mortification; shall not GOD search all this
out? who will bring to light the hidden things of darknesse, and will
make manifest the counsels of the hearts. In these also leaving all
men to a judging and searching of themselves, there are many other
provocations which are apparent in all or many of this Nation, from
which, though they wash with nitre, and take much sope, yet they cannot
make themselves clean: Because of these the Land mourneth, and at these
the Sword striketh.

As first, the contempt, neglect, and dis-esteem of the glorious Gospel;
our unbelief, unfruitfulnesse, lukewarmnesse, formality, and hardnesse
of heart, under all the means of Grace; our not receiving of Christ
in our hearts, nor seeking to know him, and glorifie him in all his
Offices. The power of Godlinesse is hated and mocked by many to this
day, and by the better sort too much neglected, and many Christian
duties are not minded: as, The not speaking of our own words, nor
finding of our own pleasure upon the Lords day: Holy and edifying
conference both on that day, and at other occasions: The instructing,
admonishing, comforting, and rebuking one another, as Divine Providence
ministreth occasion. In many Families almost no knowledge nor worship
of GOD to be found: yea, there are among the Ministers who have
strengthened the hearts and hands of the profane more then of the
godlie, and have not taken heed to the ministrie which they have
received of the Lord to fulfill it.

Next, GOD hath sent the Sword to avenge the quarrell of his broken
Covenant: For besides the defection of many of this Nation under the
Prelats from our first Nationall Covenant, a sinne not forgotten by
GOD, if not repented by men as well as forsaken, our latter Vows and
Covenants have been also foully violated, by not contributing our
uttermost assistance to this Cause, with our Estates and Lives; by
not endeavouring with all faithfulnesse, the discovery, triall, and
condigne punishment of Malignants, and evil Instruments; yea, by
complying too much with those, who have not onely born Armes, and given
their personall presence and assistance, but also drawn and led on
others after them in the shedding of our Brethrens blood: Therefore
is our sinne made our punishment, and We are filled with the fruit of
our own wayes. These horns now push the sides of Judah and Jerusalem,
because the Carpenters when they ought and might, did not cut them
off: And yet to this day the course of Justice is obstructed: The
Lord himself will execute justice if men will not. But above all, let
it bee deeply and seriously thought of, that our Covenant is broken
by the neglect of a reall Reformation of our selves and others under
our power: let every one ask his own heart what lust is mortified in
him, or what change wrought in his life since, more then before the
Covenant! Swearing, Cursing, Profanation of the Lords day, Fornication,
and other uncleannesse, Drunkennesse, Injustice, Lying, Oppression,
Murmuring, Repining, and other sorts of Prophanenesse still abound
too much both in the Countrey and in our Armies: yea, there is no
Reformation of some members of publick Judicatories, which is a great
dishonour to God, and a foul scandall to the whole Nation.

Thirdly, we have not glorified God according to the great things which
he hath done for us, nor made the right use of former mercies: since he
loved us (a Nation not worthy to be beloved) he hath made us precious
and honourable, but we have not walked worthy of his love: We waxed fat
and kicked, forsaking God who made us, and lightly esteeming the Rock
of our salvation. And this great unthankfulnesse filleth up our Cup.

Fourthly, Notwithstanding of so much guiltinesse, we did send forth
our Armies, and undertake great services presumptuously, without
repentance, and making our peace with God, like the Children of Israel,
who trusting to the goodnesse of their cause, minded no more, but which
of us shall goe up first.

It is now high time, under the feeling of so great a burden both
of sinne and wrath, to humble our uncircumcised hearts, to put our
mouth in the dust, if so be there may be hope, to wallow our selves
in ashes, to clothe our selves with our shame as with a garment, to
justifie Gods righteous judgements, to acknowledge our iniquitie, to
make our supplication to our Judge, and to seek his face, that he may
pardon our sinne, and heal our Land. The Lord roareth, and shall not
his children tremble? The God of glory thundereth, and the Highest
uttereth his voice, hailstones and coales of fire, who will not fall
down and fear before him? The fire waxeth hot, and burneth round about
us, and shall any sit still and be secure? The storm bloweth hard, and
shall any sluggard be still asleep? This is a day of trouble, and of
rebuke, and of blasphemy, who will not take up a lamentation? Let the
Watchmen rouse up themselves and others, and strive to get their own,
and their peoples hearts deeply affected, and even melted before the
Lord: Let every one turn from his evill way, and cry mightily to God,
and give him no rest till he repent of the evill, and smell a savour
of rest, and say, It is enough. He hath not said to the seed of Jacob,
Seek ye me in vain. Wee do not mourne as they that have no hope, but we
will bear the indignation of the Lord, because wee have sinned against
him, untill he plead our cause, and execute judgement for us. And what
though our Candles be put out; so that our Sun shine: What though our
honour be laid in the dust; so that GOD work out his own honour, yea,
our happinesse out of our shame. In vain have wee trusted to the arm of
Flesh: in the Lord our GOD is the salvation of Israel. No flesh must
glory before him, but he that glorieth, must glory in the Lord.

These duties of Humiliation, Repentance, Faith, Amendment of life,
and Fervent Prayer, though the principall, yet are not all which are
required at the hands of this Nation, but men of all sorts and degrees,
must timely apply themselves to such other Resolutions and Actions as
are most suteable and necessary at this time: Which that all may the
better understand, and bee excited and encouraged to act accordingly,
let it be well observed, that the present state of the Controversie
and Cause is no other but what hath been formerly professed before GOD
and the World, that is, The Reformation and Preservation of Religion,
The Defence of the Honour and Happinesse of the King, and of the
authority of the Parliament, together with the maintenance of our
Lawes, Liberties, Lives, and Estates. We are not changed from our
former principles and intentions, but these who did fall off from us
to the contrary party, have now made it manifest, that these were not
their ends when they seemed to joyn with us: Therefore are they gone
out from us, because they were not of us. And as our Cause is the same,
so the danger thereof is not lesse, but greater then before, and that
from two sorts of Enemies: First, from open Enemies, we mean those of
the Popish, Prelaticall, and Malignant Faction, who have displayed
a Banner against the Lord, and against his Christ, in all the three
Kingdoms, being set on fire of Hell, and by the speciall inspiration of
Satan, who is full of fury, because he knowes he hath but a short time
to reigne. The Cockatrice before hatched, is now broken forth into a
Viper. The danger was before feared, now it is felt; before imminent,
now incumbent; before our division, now our destruction is endeavoured;
before the Sword was fourbished and made ready, now the Sword is
made fat with Flesh, and drunk with Bloud, and yet it hungreth and
thirsteth for more. The Queen is most active abroad, using all means
for strengthening the Popish, and suppressing the Protestant party;
insomuch that Malignants have insolently expressed their confidence,
that her journey to France shall prove a successefull Counsell, and
that this Island, and particularly this Kingdome, shall have a greater
power to grapple with, before the next Summer, then any which yet we
have encountred with. The Irish Rebels have offered to the King to send
over a greater number into both the Kingdomes: The hostile intentions
of the King of Denmark, if God be not pleased still to divert and
disable him, do plainly enough appear from his own Letters, sent not
long since to the Estates of this Kingdome. In the mean time, the
hellish crue under the conduct of the excommunicate and forefaulted
Earle of Montrose, and of Alaster Mac-Donald, a Papist and an Outlaw,
doth exercise such barbarous, unnaturall, horrid, and unheard-of
cruelty, as is above expression: And (if not repressed) what better
usage can others not yet touched expect from them, being now hardened
and animated by the successe which God hath for our humiliation and
correction, permitted unto them: and if they shall now get leave to
secure the High-Lands for themselves, they will not onely from thence
infest the rest of this Countrey, but endeavour a diversion of our
forces in England, from the prosecution of the ends expressed in the
Covenant of the three Kingdoms, toward which ends, as their service
hath been already advantageous, so their continuance is most necessary.

The second sort of Enemies, from which our present dangers arise,
are secret Malignants and Dis-covenanters, who may be known by these
and the like Characters: Their slighting or censuring of the publick
Resolutions of this Kirk and State: Their consulting and labouring to
raise Jealousies and Divisions, to retard or hinder the execution of
what is ordered by the publick Judicatories: Their slandering of the
Covenant of the three Kingdomes and Expedition into England, as not
necessary for the good of Religion, or safety of this Kingdome, or
as tending to the diminution of the Kings just power and greatnesse:
Their confounding of the Kings Honour and Authority, with the abuse
and pretence thereof, and with Commissions, Warrants, and Letters,
procured from the King, by the Enemies of this Cause and Covenant, as
if we could not oppose the latter, without encroaching upon the former:
Their whetting of their tongues, to censure and slander those whom GOD
hath honoured as his chief Instruments in this Work: Their commending,
justifying, or excusing the proceedings of James Grahame, sometime Earl
of Montrose, and his Complices: Their conversing or intercommuning by
word or writ, with him, or other excommunicate Lords, contrary to the
nature of that Ordinance of Christ, and to the old Acts of Generall
Assemblies: Their making merry, and their insolent carriage, at the
news of any prosperous successe of the Popish and Malignant Armies in
any of these Kingdomes: Their drawing of Parties and Factions, to the
weakning of the common Union: Their spreading of Informations, That
Uniformitie in Religion, and the Presbyteriall Government, is not
intended by the Parliament of England: Their Endeavours, Informations,
and Sollicitations, tending to weaken the hearts and hands of others,
and to make them withhold their assistance from this Work.

Let this sort of bosome Enemies, and dis-affected Persons, be well
marked, timely discovered, and carefully avoided, lest they infuse the
poyson of their seducing counsels into the mindes of others: Wherein
let Ministers be faithfull, and Presbyteries vigilant and unpartial, as
they will answer the contrary to GOD, and to the Generall Assembly, or
their Commissioners.

The cause and the dangers thereof being thus evidenced, unlesse men
will blot out of their hearts the love of Religion, and the Cause of
GOD, and cast off all care of their Countrey, Lawes, Liberties, and
Estates, yea, all naturall affection to the preservation of themselves,
their Wives, Children, and Friends, and whatsoever is dearest to them
under the Sun (all these being in the visible danger of a present ruine
and destruction) they must now or never appear actively, each one
stretching himself to, yea beyond his power. It is no time to dally,
nor go about the businesse by halfes, nor by almost, but altogether
zealous: “Cursed be he that doth the Work of the Lord negligently, or
dealeth falsely in the Covenant of God.” If wee have been so forward to
assist our Neighbour Kingdomes, shall wee neglect to defend our own?
Or shall the Enemies of GOD be more active against his Cause, than
his People for it? GOD forbid. If the Work being so far carried on,
shall now mis-carry, and fail in our hands, our own consciences shall
condemne us, and posterity shall curse us: But if wee stand stoutly and
stedfastly to it, the pleasure of the Lord shall prosper in our hands,
and all Generations shall call us blessed.

Let Ministers stir up others by free and faithfull preaching, and by
admonishing every one of his duty, as there shall be occasion: And
if it shall be the lot of any of them to fall under the power of the
Enemy, let them through the strength of Christ, persevere in their
integrity, choosing affliction rather then sin, glorifying GOD, and not
fearing what Flesh can do unto them.

Let our Armies beware of ungodlinesse, and worldly lusts, living
godly, soberly, and righteously, avoyding all scandalous carriage,
which may give occasion to others to think the worse of their Cause
and Covenant, and remembring that the eyes of GOD, Angels, and Men are
upon them: Finally, renouncing all confidence in their own strength,
skill, valour, and number, and trusting only to the God of the Armies
of Israel, who hath fought, and will fight for them.

Let all sorts both of high and low degree in this Kingdome, call to
minde their Solemne Covenants, and pay their vows to the most High;
and namely, that Article of our first Covenant, which obligeth us not
to stay nor hinder any such Resolution, as by common consent shall
be found to conduce for the ends of the Covenant, but by all lawfull
means to further and promove the same; Which lyeth as a bond upon
peoples consciences, readily to obey such orders, and willingly to
under go such burdens, as by the publick and common resolution of
the Estates of Parliament, are found necessary for the prosecution
of the War; considering that the Enemy cannot bee suppressed without
a competent number of Forces, and Forces cannot be kept together
without maintenance, and maintenance cannot be had without such publick
Burdens; which however for the present, not joyous, but grievous,
yet it shall be no grief of heart afterwards, even unto the common
sort, that they have given some part of their necessary livelihood,
for assisting so good a Work. It is far from our thoughts, that the
pinching of some, should make others superfluously to abound: It is
rather to bee expected of the richer sort, that they will spare and
defalk, not onely the pride and superfluity, both of apparell and
diet, but also a part of their lawfull allowance in these things,
to contribute the same as a free-will-offering, beside what they
are obliged to, by Law or publick Order, after the example of godly
Nehemiah, who for the space of twelve years, while the walls of
Jerusalem were a building, did not eat the bread of the Governour, that
he might ease by so much the Peoples Burthens and Bondage.

In our last Covenant, there is another article which (without the
oblivion or neglect of any of the rest) we wish may be well remembred
at this time; namely, That we shall assist and defend all that enter
into this League and Covenant, in the maintaining and pursuing thereof,
and shall not suffer our selves, directly or indirectly, by whatsoever
Combination, Perswasion, or Terror, to be divided and withdrawne from
this blessed Union and Conjunction, whether to make defection to the
contrary part, or to give our selves to a detestable indifferency or
neutrality in this Cause: According to which Article, mens reality and
integrity in the Covenant, will be manifest and demonstrable, as well
by their omissions, as by their commissions; as well by their not doing
good, as by their doing of evil; He that is not with us, is against us;
and he that gathereth not with us, scattereth. Whoever he be that will
not, according to publick order and appointment, adventure his Person,
or send out these that are under his power, or pay the Contributions
imposed for the maintenance of the Forces, must be taken for an
Enemie, Malignant, and Covenant-breaker, and so involved both into the
displeasure of GOD, and Censures of the Kirk, and no doubt into civil
punishments also to be inflicted by the State.

And if any shall prove so untoward and perfidious, their iniquitie
shall be upon themselves, and they shall bear their punishment:
Deliverance and good successe shall follow those who with purpose of
heart cleave unto the Lord, and whose hearts are upright toward his
glory. When wee look back upon the great things which GOD hath done for
us, and our former deliverances out of several dangers and difficulties
which appeared to us insuperable, experience breeds hope: And when we
consider how in the midst of all our sorrows and pressures, the Lord
our God hath given us a naile in his holy place, and hath lightned our
eyes with the desireable and beautiful sight of his own glory in his
Temple, we take it for an argument that he hath yet thoughts of peace,
and a purpose of mercy toward us; Though for a small moment he hath
forsaken us, yet with great mercies he will gather us: Hee hath lifted
up our Enemies, that their fall may be the greater, and that he may
cast them downe into desolation for ever. Arise, and let us be doing;
The Lord of Hosts is with us, the God of Jacob is our Refuge.


_Act against Lykwakes._

Whereas the corrupt Custome of Lykwakes hath fostered both Superstition
and Profanitie through the Land; This present Assembly Discharges the
same in time comming; And appoints Presbyteries To take speciall care
for trying and censuring the Transgressors of this Act within their
severall Bounds.


_Act recommending to Sessions To have the Printed Acts of Assemblie._

The Generall Assembly, considering how necessar it is, That every
Session in a Parish have the Acts of the Assembly for their use, Doth
therefore seriously recommend to every Parish and Session To buy
the Printed Acts of the Assembly; and Ordains Presbyteries To crave
account hereof from every Minister, before their going to Provinciall
Assemblies: And likewise, That every Provinciall Assembly, crave
account from Presbyteries in their trials, if every Session be so
provided, and that they try the diligence of Presbyteries and Ministers
used for that effect.


13 Februar. 1645. Post meridiem. Sess. Ult.

_Act for censuring the Observers of Yule-day, and other superstitious
dayes, especially if they be Schollars._

The Generall Assembly taking to their consideration, The manifold
Abuses, Profanitie, and Superstitions, committed on Yule-day, and some
other superstitious dayes following, Have unanimously concluded, and
hereby Ordains, That whatsoever Person or Persons hereafter shall be
found guilty in keeping of the foresaid superstitious dayes, shall
be proceeded against by Kirk Censures, and shall make their publick
Repentance therefore in the face of the Congregation where the
offence is committed: And that Presbyteries and Provinciall Synods
Take particular notice how Ministers try and censure Delinquents of
this kinde, within the severall Parochines. And because Schollars and
Students give great scandal and offence in this, That they (being
found guilty) be severely disciplined and chastised therefore by their
Masters: And in case the Masters of Schools or Colledges be accessorie
to the said superstitious profanitie, by their connivence, granting
of liberty of Vacance to their Schollars at that time, or any time
thereafter, in compensation thereof, That the Masters be summoned by
the Ministers of the Place to compeir before the next ensuing Generall
Assembly, there to bee censured according to their trespasse: And if
Schollars (being guilty) refuse to subject themselves to Correction, or
be Fugitives from Discipline, That they be not received in any other
Schoole or Colledge within the Kingdom.


_Act for encouragement of Schollars to Professions in Schooles._

In respect of the paucitie of men, fit and willing to professe
Divinitie in the Schooles, by reason that few frame their studies
that way, The Generall Assembly thinks it fit, That the Provincials
diligently consider and try who within their Bounds most probably may
bee for a Profession in the Schooles, And report their names to the
following Generall Assembly, that such may be stirred up and encouraged
by the Generall Assembly, to compose and frame their studies, that they
may be fit for such places.


_Act for restraining Abuses at Pennie-Brydals._

The Generall Assembly, considering the great profanitie and severall
Abuses which usually fall forth at Pennie-Brydals, proving fruitful
Seminaries of all lasciviousnesse and debaushtrie, as well by the
excessive number of people conveened thereto, as by the extortion of
them therein, and licentiousnesse thereat, To the great dishonour of
GOD, the scandall of our Christian Profession, and prejudice of the
Countreys welfare; Therefore they Ordain every Presbyterie in this
Kingdome, To take such speciall care for restraining these Abuses
flowing from the causes foresaid, as they shall think fit in their
severall bounds respective: And to take a strict accompt of every
Minister and Session of their obedience to the Ordinance of the
Presbyterie thereanent, at the Visitation of every Parish Kirk in their
Bounds.


_Act Discharging deposed Ministers to be reponed to their former
Places._

The Generall Assembly, considering the manifold prejudices redounding
to the Kirk in Generall, and private Congregations in particular,
through the restoring of Ministers once deposed to the same places
wherein formerly they served: As also, how derogatorie it would prove
to the weight of that sentence of Deposition; Do therefore Ordain, That
no Minister deposed, shall be restored again into that place where
formerly he served.


_Renovation of the Commission for the publick Affairs of the Kirk._

The Generall Assembly taking to their consideration, That in respect
the great Work of Uniformitie in Religion in all his Majesties
Dominions, is not yet perfected, (though by the Lords blessing there
is a good progresse made in the same) there is a necessity of renewing
the Commissions granted formerly for prosecuting and perfecting that
great Work; Doe therefore Renew the Power and Commission granted for
the publick Affairs of the Kirk by the Generall Assembly, held in S.
Andrews in the year 1642, upon the fifth day of August post meridiem,
Sess. 12. And by the Generall Assembly held in Edinburgh in the year
1643, upon the 19. day of August, Sess. ult. And by the late Generall
Assembly held at Edinburgh in the year 1644, upon the third of June,
Sess. 6, to the Persons afternamed, viz. M. Andrew Ramsay, M. Alex.
Henderson, M. Robert Douglas, M. William Colvil, M. William Bennet, M.
George Gillespie, M. John Oswald, M. Mungo Law, M. Robert Lawrie, M.
John Adamson, D. John Sharp, M. George Leslie, M. Andrew Fairfowle, M.
David Calderwood, M. Andrew Blackhall, M. James Fleeming, M. Robert
Ker, M. John Macghie, M. John Dalyell, M. Andrew Stevenson, M. Robert
Lauder, M. James Robertson, M. Patrick Sibbald, M. Robert Carson, M.
Alex. Spittall, M. Alex. Dickison, M. James Smith, M. John Gibbison,
M. James Symson, M. Ephraim Melvill, M. Alex. Somervell, M. Robert
Eliot, M. George Bennet, M. Robert Blair, M. David Forret, M. Arthur
Mortoun, M. Samuel Rutherfurd, D. Alex. Colvill, M. Andrew Bennet, M.
James Wedderburn, M. Walter Greg, M. John Moncreiff, M. John Smith, M.
Frederick Carmichael, M. Patrick Gillespie, M. John Duncan, M. James
Sibbald, M. Robert Bruce, M. John Hume at Eccles, M. Mungo Dalyell,
M. Alex. Kinneir, M. Thomas Ramsay, M. William Turnbull, M. James
Guthrie, M. Thomas Donaldson, M. William Jameson, M. David Fletcher,
Andrew Dunkison, M. Robert Murray, M. David Weemes, M. John Hall, M.
John Freebairn, M. David Drummond at Creiff, M. George Murray, M. Henry
Guthrie, M. Robert Wright, M. Andrew Jaffray, M. Bernard Sanderson, M.
Alex. Tran, M. Thomas Chalmers, M. Andrew Lawder, M. Hugh Henderson,
M. John Levingstoun, M. James Blair, M. James Bonar, M. John Burne, M.
John Bell, M. Hugh Mackale, M. Matthew Birsbane, M. David Elphingstoun,
M. David Dickson, M. George Young, D. John Strang, M. Robert Baillie,
M. Patrick Sharp, M. Robert Birnie, M. Evan Camron, M. George Symmer at
Megle, M. Andrew Fleck, M. Patrick Lyon, M. John Lindsay, M. Sylvester
Lammie, M. George Fogo, M. David Strachan, M. Andrew Cant, M. William
More, M. William Davidson, M. John Paterson, M. William Jaffray, M.
Thomas Mitchell, M. George Cummin, M. Joseph Brodie, M. William Lawder,
M. David Rosse, M. Ferquhard Makclennan, _Ministers_; And Archbald
Marquesse of Argyle, John Earle of Crawfurd-Lindsay, Alexander Earle
of Eglintoun, William Earle of Glencarne, John Earle of Cassils,
Charles Earle of Dumfermeling, James Earle of Tullibardin, John Earle
of Lauderdale, James Earle of Annandale, William Earle of Lothian,
James Earle of Queenesberry, William Earle of Dalhousie, William
Earle of Lanerik, Archbald Lord Angus, Vicount of Arbuthnet, James
Vicount of Frendraught, Alexander Lord Garleis, James Lord Johnstoun,
John Lord Yester, John Lord Balmerino, Alexander Lord Balcarras, John
Lord Loure, John Lord Barganie, Sir Patrick Hepburn of Wauchtoun,
Sir John Hope of Craighall, Sir Archbald Johnstoun of Waristoun, Sir
David Hume of Wedderburn, Frederick Lyon of Brigtoun, Sir Alexander
Areskine of Dun, Alexander Fraser of Phillorth, Sir William Baillie
of Lammingtoun, Haddin of Glennegies, Sir Thomas Ruthven of Freeland,
James Macdougall of Garthland, Sir Alexander Murray of Blackbarronie,
William Drummond of Rickartoun, Sir William Scott of Hardin, Sir Andrew
Ker of Greenhead, Sir William Stuart of ______ Sir Alexander Shaw of
Sauchie, Alexander Brodie of that Ilk, M. George Hume of Kimmerjame,
Sir John Smith, M. Alexander Colvill Justice Depute, John Binnie,
Archbald Sydserf, Laurence Henderson, James Stuart, Gilbert Sommervell,
John Semple, M. Robert Barclay, Patrick Leslie, James Law, M. Robert
Cuninghame, George Gardin, William Glendunning, _Elders_. And for
discharging the said Commission, Appoints the persons aforesaid, or
any ninteene of them, whereof fifteen shall be Ministers, to meet at
Edinburgh upon the 14. of this moneth of February and upon the second
Wednesday of May, August, November, and of February next to come,
and upon any other day, or in any other Place they shall think meet.
Giving unto them full power and Commission to do all and every thing
for prosecuting, advancing, perfecting, and bringing the said Work
of Uniformity in Religion in all his Majesties Dominions to an happy
conclusion, conforme to the former Commissions granted by the saids
Assemblies thereanent: And further, Renewes to the Persons afore-named,
the power contained in the Act of the said Assembly, 1643, Intituled, A
Reference to the Commission anent the Persons designed to repair to the
Kingdom of England; As also the power contained in two severall Acts of
the said late Assembly 1644. Sess. 6. made Against secret dis-affecters
of the Covenant, and, For sending Ministers to the Army: With full
power to them, to treat and determine in the matters aforesaid, and
in all other matters referred unto them by this Assembly, as fully
and freely, as if the same were here particularly expressed, and with
as ample power as any Commission of former Generall Assemblies hath
had, or been in use of before; They being alwayes for their whole
proceedings countable to, and censurable by the next Generall Assembly.


  _Renovation of the Commission to the Persons appointed to repair to
  the Kingdom of England, for prosecuting the Treaty of Uniformitie in
  Religion._

The Generall Assembly, Taking to their consideration, that the Treaty
of Uniformity in Religion in all his Majesties Dominions is not yet
perfected, though by the Lords blessing there is a good progresse made
in the same, Do therefore Renew the Power and Commission granted to
the Persons formerly nominate by the two preceding Assemblies, and by
their Commissioners sitting at Edinburgh; for prosecuting the said
Treatie of Uniformitie with the Honourable Houses of the Parliament of
England, and the Reverend Assembly of Divines there, or any Committees
appointed by them, Giving unto them full power to do all and every
thing which may advance, perfect, and bring the said Treatie to an
happy conclusion, conforme to the former Commissions granted to them
thereanent.


_The Generall Assemblies Answer to the Right Reverend the Assembly of
Divines in the Kirk of England._

  Right Reverend and welbeloved
  in the Lord Jesus,

Amidst the manifold troubles in which this Kingdome hath been involved,
and under which it still laboureth, we greatly rejoyced when it was
testified unto us by our reverend Brethren, and under your hands in
your Letter, and these Papers by them presented to us from you, what
progresse you had made in the much desired Work of Uniformitie; and
acknowledge, that the same hath comforted us concerning our work
and toile of our hands, and seemeth to us as an olive branch, to
prognosticate the abating of the waters, which overflow the face of the
Earth.

When we consider, that you have walked in pathes unusuall, which have
not been haunted by Travellers there, as the publick way, though
pointed out as the good old way by the Reformed Kirks, we do not wonder
that you have carefully adverted in every step to set foot upon sure
ground; When we behold that strong and high tree of Episcopacie so
deeply rooted by continuance of time not lopped of the Branches, and
the stumpe of the root left in the Earth, with a band of iron and
brasse, but pluckt up by the roots; We do confesse that the Carpenters,
though prepared, have a hard task, requiring time to hew it down, and
root it up: And when we call to minde how much the Service-Book hath
been cryed up as the only way of GODS Worship, how many thereby have
had their wealth, and how difficill it is to forgoe the accustomed way;
We admire the power and wisdom of the good GOD who hath prospered you
in your way, and led you this length, through so many straits, and over
so many difficulties in so troublous a time.

We do for our part not only admit and allow, but most heartily and
gladly embrace the Directory of Worship, as a common Rule for the Kirks
of GOD in the three Kingdoms, now more straitly and firmly united by
the Solemne League and Covenant; And we do all in one voice blesse the
Lord, who hath put it in the hearts, first, of the Reverend, Learned,
and Pious Assembly of Divines, and then, of the Honourable Houses of
Parliament, To agree upon such a Directory as doth remove what is none
of Christs, and preserve the purity of all his Ordinances, together
with Uniformity and Peace in the Kirk. Only we have thought necessary,
to declare and make known, That the Clause in the Directory for the
administration of the Lords Supper, which appointeth the Table to be
so placed that the Communicants may orderly sit about it, or at it,
is not to be interpreted, as if in the judgement of this Kirk it were
indifferent for any of the communicants not to come to and receive at
the Table; or as if we did approve the distributing of the Elements by
the Ministers to each Communicant, and not by the Communicants among
themselves: In which particulars, we still conceive and beleeve the
order and practice of our own Kirk, To be most agreeable and sutable to
the Word of GOD, the example of our Lord Jesus Christ, and the nature
of that Heavenly Feast and Table. Neverthelesse, in other particulars
we have resolved, and do agree, to do as ye have desired us in your
Letter, That is, not to be tenacious of old Customs, though lawfull
in themselves, and not condemned in this Directory, but to lay them
aside for the nearer Uniformitie with the Kirk of England, now nearer
and dearer to us than ever before; A Blessing so much esteemed, and
so earnestly longed for among us, that rather than it faile on our
part, we do most willingly part with such practices and customs of our
own, as may be parted with safely, and without the violation of any of
Christs Ordinances, or trespassing against Scripturall Rules, or our
solemne Covenants.

We do in like manner agree to, and approve the Propositions touching
Kirk-government and Ordination; and have given power to our
Commissioners who are to meet in Edinburgh, to agree to, and conclude
in our Name an Uniformitie therein, betwixt the Kirks in both Kingdoms,
so soon as the same shall be without any substantiall alteration
Ratified by an Ordinance of the Honourable Houses of the Parliament of
England, according to our Act of Approbation sent to our Commissioners
with you.

As for the returning of our Commissioners; though the counsel and
assistance of our Reverend Brethren might be of good use to us in
these difficult times, and their particular stations and imployments
importune the stay of these who are come unto us, and the returne of
these who stay with you; yet preferring the publick good, and looking
upon the profit may redound unto all by their continuing with you,
we have satisfied your desire, and renewed their commission; Praying
GOD they may (as we are confident they shall) prove answerable to our
trust, and to your expectation.

Concerning one Confession of Faith, and Forme of Catechisme, we
apprehend no great difficultie. And to that which remains to be
perfected in the matter of Kirk-government, we do beleeve, and both you
and we know by experience, that there is no word impossible with our
God. He that hath begun a good work among you, will also perform it
of his good pleasure. Go on in the Lord your strength and the Spirit
of truth lead you in all truth: The God of all grace and peace that
brought again from the dead our Lord Jesus that great shepherd of the
sheep, through the blood of the everlasting Covenant, and by him hath
called us unto his eternall glory, make you perfect in every good
work to do his will, working in you, and by you, and among you, that
which is well pleasing in his sight, stablish, strengthen, settle you,
through Jesus Christ our Lord.

  _Subscribed in name of the Generall Assembly of the Kirk of Scotland,
  by the Moderator of the Assembly._

Edinburgh 13 Feb. 1645.


  _To the Kings Most Excellent Majestie, The humble Remonstrance of the
  Generall Assembly of the Kirk of Scotland, met at Edinburgh the 13
  day of February, 1645._

As our Record is on high, and our consciences within us bear us
witnesse, so the many former Supplications and Remonstrances to your
Majestie, from this Kirk and Kingdome, our solemne Covenants, and the
whole course of our proceedings from time to time in the prosecution
of this Cause, Do make known to the World, and we trust also to your
own conscience, our loyaltie and faithfull subjection, and how far our
intentions are from the diminution of your Majesties just Power and
Greatnesse; And although the successe of many of our humble addresses
to your Majesty, hath been such as did frustrate our desires and hopes,
yet this hath not blotted out of our hearts our loyaltie, so often
professed before God and the World; but it is still our Souls desire,
and our Prayer to God for you, that your Self and your Posterity may
prosperously reigne over this your ancient and Native Kingdome, and
over your other Dominions. And now as we have published a solemn and
free Warning to the Noblemen, Barons, Gentlemen, Burrows, Ministers,
and Commons of this Kingdome, concerning the present affliction of this
Nation, and their sins procuring the same; So when we call to minde,
that God accepteth not the persons of men, and that the greatest are
not to be winked at in their sins; We assure our selves, that the best
and most reall testimony which we can give at this present, of the
tendernesse and uprightnesse of our affection to your Majesties true
Happinesse, is this our humble and faithfull Representation of your
Majesties great and growing dangers, and the causes thereof; Of which,
if we should be silent, our consciences would condemne us, and the
stones themselves would immediately cry out.

The troubles of our hearts are enlarged, and our fears increased in
your Majesties behalf, perceiving that your Peoples patience is above
measure tempted, and is like a Cart prest down with sheaves, and ready
to break, while as beside many former designes and endeavours to bring
desolation and destruction upon us, (which were (and we trust all
of that kinde shall be) by the marvellous and mercifull providence
of God discovered and disappointed.) Our Countrey in now infested,
the blood of divers of our Brethren spilt, and other acts of most
barbarous and horrid cruelty exercised, by the cursed crew of the
Irish Rebels and their Complices in this Kingdome, under the conduct
of such as have Commission and Warrant from your Majestie. And unlesse
we prove unfaithfull both to God and to your Majestie, we cannot
conceale another danger which is infinitely greater than that of your
Peoples displeasure: Therefore we the servants of the most high GOD,
and your Majesties most loyall Subjects, in the humility and grief of
our hearts, fall down before your Throne, and in the Name of our Lord
and Master JESUS CHRIST, who shall judge the world in righteousnesse,
both great and small, and in the Name of this whole Nationall Kirk,
which we represent, We make bold to warn your Majesty freely, that the
guilt which cleaveth fast to your Majesty and to your Throne, is such,
as (whatsoever flattering preachers, or unfaithfull counsellours may
say to the contrary) if not timely repented, cannot but involve your
Self and your Posterity under the wrath of the ever-living GOD, For
your being guiltie of the shedding of the blood of many thousands of
your Majesties best Subjects; For your permitting the Masse, and other
Idolatry, both in your own Family, and in your Dominions; For your
authorizing by the Book of Sports, the profanation of the Lords Day;
For your not punishing of publick scandals, and much profanenesse, in,
and about your Court; For the shutting of your eares from the humble
and just desires of your faithfull Subjects; For your complying too
much with the Popish party many wayes, and namely, by concluding the
Cessation of Armes in Ireland, and your embracing the counsels of
those who have not set GOD nor your good before their eyes; For your
resisting and opposing this Cause, which so much concerneth the glory
of GOD, your own honour and happinesse, and the peace and safetie
of your Kingdomes; and for what other causes your Majesty is most
conscious, and may best judge and search your own conscience (nor would
we have mentioned any particulars, if they had not been publike and
knowne.) For all which it is high time for your Majesty to fall down
at the footstool of the King of Glory, to acknowledge your offence,
to repent timely, to make your peace with GOD through JESUS CHRIST,
(whose blood is able to wash away your great sinne) and to be no
longer unwilling that the Son of GOD reign over you and your Kingdoms
in his pure Ordinances of Church-government and Worship. These things
if your Majesty do, it shall be no grief of heart unto you afterward,
a blessing is reserved for you, and you shall finde favour with GOD,
and with your People, and with all the Churches of Christ; But if
your Majesty refuse to hearken to this wholsome counsell (which the
Lord forbid) we have discharged our own consciences, we take GOD and
Men to witnesse That we are blamelesse of the sad Consequences which
may follow, and we shall wait upon the Lord, who, when he maketh
inquisition for blood, will not forget the cry of the humble. In the
mean while, beseeching your Majesty to take notice That we are not
staggering or fainting through diffidence of the successe of this Cause
and Covenant of the three Kingdoms, unto which, as GOD hath already
given manifold Testimonies of his favour and blessing; so it is our
stedfast and unshaken confidence, that this is the Work and Cause
of GOD, which shall gloriously prevail against all opposition, and
from which, with the assistance of the grace of GOD, we shall never
suffer our selves to be divided or withdrawn, but shall zealously and
constantly in our severall Vocations, endeavour with our Estates and
Lives, the pursuing and promoving thereof.

That which we have concluded concerning Uniformity in Religion
between both Kingdoms, is to be humbly offered to your Majestie
from the Commissioners of this Kingdom, for your Royall Consent and
Ratification. Although your Majestie was not pleased to vouchsafe us
the presence of your Commissioner, according to the supplication of the
Commissioners of the preceding Generall Assembly, yet we have proceeded
with as much respect to your Majesties honour, and as much remembrance
of our duty, as if your Royall Person had been present in the mids of
us: And we shall still continue our Prayers for you, that GOD would
graciously incline your heart to the counsels of Truth and Peace, and
grant unto your Majestie a long and happy Raign, that we may live under
you a peaceable and quiet life, in all Godlinese and Honestie.


_The Assemblies Answer to their Commissioners at London._

REVEREND AND BELOVED BRETHREN,

These sweet Fruits of your long continued Labours in the Work of the
Lord entrusted to you, brought to us at this time by these two of your
number, whom you were pleased to send, were received by us with no
small joy and rejoycing, as being, in great part, the satisfaction of
our Souls desire, in that so much longed for, so much prayed for happy
Uniformity of these Kirks and Kingdoms: And an evident Demonstration
to us, that the Lord hath not, even in this time of his seen and felt
displeasure, so covered himself with the cloud of his anger, that our
Prayers should not passe through.

The great and main difficulties through which the Lord hath carried
this Work, as we do acknowledge, ought mainly to be made use of,
for the praise and glory of his power, who is the great worker of
all our works for us; So your overcoming of them is to us no small
Demonstration of your zeal, wisdom, and faithfulnesse, which without
great injurie both to the Lord the prime Worker, and to you his
Instruments, we cannot but acknowledge, hath been much manifested in
the whole managing of this work in your hands.

The full answer to all the particulars you write of in your Letters,
we leave to the Relation of those that come from you, and are now
appointed to return to you: And as with much thankfulnesse we
acknowledge your fidelity in what ye have done already; so we have
again renewed your Commission for the continuance of your Imployment
there, for the perfecting of the Work so happily begun: For the
furthering whereof, as we shall not be wanting in our prayers to GOD
for his blessing upon your labours, so for your help and assistance,
we have appointed a commission to sit at Edinburgh, to which at all
occasions you may have your recourse, as the exigence of the Work shall
require.

How satisfactory that Directory of Worship presented to us by our
Brethren from you, was to us, we leave it rather to their relation at
their return, being ear and eye-witnesses to the manifold expressions
of our joy and gladnesse, then offer to represent it to you in a
Letter. The Act herewith sent, and ordained to be prefixed unto the
Directory, will sufficiently declare our hearty approbation of it:
Our judgement also concerning the propositions of Government and
Ordination, and our earnest desire to have the Work of Uniformity
promoved and perfected in that particular also, will appear to you by
the other Act which herewith you will receive: Our zeal and desire
to have that Work fully closed with so much harmonie as becometh the
Work of GOD, will appear to you in our resolution and answer to that
particular in the point of Excommunication, concerning which you write.

These particular differences hinted at in the Assemblies Letter, for
Uniformitie with that Kirk so much endeared to us, we have resolved to
lay aside, and have taken course for preserving harmonie amongst our
selves, whereof our Brethren will give you more particular account.
Anent your desire of Mr Alexander Henderson his attending the Treatie,
we are confident ere this you have received our resolution.

Amidst the many difficulties wherewith it pleaseth the Lord to presse
us, as we thought it necessar to publish and send forth a Warning to
all sorts of Persons in this Kirk and Kingdom, concerning the present
affliction of this Nation, and their sins procuring the same; So we
thought it incumbent to us in duty, as the best Testimony which we can
give at this present to his Majesty, to remonstrate unto him faithfully
The great and growing dangers his Majesty is now under, and the causes
thereof. This Remonstrance we have sent to you, to be presented to his
Majesty, by such means, and at such time, as you who are there upon the
place shall judge fittest.

And now dear Brethren, go on with cheerfulnesse in the Work of the
Lord: Let no discouragement or opposition make your heart to faint, or
your hands wax feeble: Perswade your self the Lords hand shall still
be made known toward his servants, and his indignation against his
Enemies. Remember the Work is his, who useth not to begin, but also to
make an end, and is abundantly able to supply all your need according
to the riches of his glory. Be confident therefore of this thing,
that he who hath begun this good Work by you, will also in due time
accomplish it to his own praise. To his gracious assistance we heartily
recommend you.

  _Subscribed in name of the Generall Assembly of the Kirk of Scotland,
  by the Moderator of the Assembly._

POSTSCRIPT.—It is earnestly desired That the Directorie for Worship be
sent to Ireland, and that you recommend to the honourable Houses of
the Parliament, To think upon the best way for the establishment and
practice of it in that Kingdom. And that the like course may be taken
with the government, and other parts of the Uniformity, so soon as they
shall be agreed upon.

Edinburgh 13 Feb. 1645.


The Generall Assembly Recommends to Presbyteries, To consider these
matters referred to their consideration by preceding Assemblies; and to
report their judgement therein to the next Assembly.


The Generall Assembly Appoints the meeting of the next Assembly to be
at Edinburgh the first Wednesday of June, in the yeer 1646.


INDEX _of the_ ACTS _of this_ ASSEMBLY. _Not Printed._

1.—The Remonstrance sent to the Kings Majestie from the Commissioners
of the preceding Assembly, concerning the dyet, and occasion of the
meeting of this Assembly. _Sess._ 1.

2.—Election of M. Robert Douglas Moderator. _Ib._

3.—Report of M. Robert Baillie, and M. Geo. Gillespie, of the progresse
of the Treatie for Uniformity. _Sess._ 2.

4.—Appointment of Committees for the Directory, and for Bills, Appeals,
&c. _Ib._

5.—Ref. of the Petitions from Ireland to the Committee of Bills.
_Sess._ 3.

6.—Letter to M. James Martin for intimating the Deposition of M.
William Barclay. _Ib._

7.—Acts appointing M. James Nasmith to attend the Lord Montgomeries
Regiment; M. Arthur Granger, Liev. Generall Baillie his Regiment; and
M. Thomas Wilkie to the E. Lothians Regiment. _Ib._

8.—Ref. of the Lord Gen. Letter to the Presbytery of Edinburgh. _Ib._

9.—Ref. of the Petition of M. James Hammiltons wife to the Committee
for the Directory. _Ib._

10.—Recommendation to the Parliament for Ministers losses. _Sess._ 4.

11.—Committee concerning Bursars. _Ib._

12.—Committee to conferre with the Lord Ogilvie. _Sess._ 5.

13.—Act ordaining the Presbytery of Hammiltoun to proceed against M.
John Rae for refusing the Covenant. With an Ordinance for giving in to
the Clerk the report of M. John Hammiltouns subscribing the Covenant,
and of the Excommunication of D. Hammiltoun. _Ib._

14.—Act discharging the relaxation of Nath. Gordoun, with a reference
concerning the same to the Commissioners of this Assembly. _Ib._

15.—Committee for examining the witnesses against M. John Robertson,
and M. John Fyfe. _Ib._

16.—The Solemne League and Covenant of the three Kingdomes, (which
is not here printed, because already printed by Ordinance of the
Commission of Assembly 1643. and universally subscribed) with an
Approbation of the Ordinances, and the diligence of the Commissioners
of Assembly for receiving thereof, &c. _Ib._

17.—Committee concerning Col. Areskines Regiment. _Sess._ 6.

18.—Committee appointed to speak with Col. Monro, concerning Letters
sent from the Officers of the Army in Ireland. _Ib._

19.—Committee for examining witnesses against M. James Oliphant. _Ib._

20.—Invitation of all who had scruples concerning the Directory, to
addresse themselves to that Committee, with a reference to the said
Committee concerning uniformity of practice of the Directory in this
Kirk. _Ib._

21.—Committee to conferre with the young Laird of Drum. _Ib._

22.—Appointment of M. Hugh Henryson to Col. Stuarts Regiment. _Sess._ 7.

23.—Committee for hearing M. James Wood, and the Commissioners from S.
Andrews and Aberdene. _Ib._

24.—Recommendation of Barbara Means Petition to the Parliament. _Ib._

25.—Recommendation to the Parliament concerning the Army in Ireland.
_Ib._

26.—Invitation again of all that had scruples or doubts concerning the
Directory, to addresse themselves to the Committee for resolution. _Ib._

27.—Recommendation to the Parliament of the Petition of the Hospitall
of Leith. _Sess._ 8.

28.—Recommendation to the Parliament of the Petition of the Kirk of
Drummen. _Ib._

29.—Refer. of the Petition from the Northwest parts of Ireland to the
Committee of Bills. _Ib._

30.—Recom. for a charitable supply to the people in and about
Borrowstounnesse, visited with the plague. _Ib._

31.—Transportation of M. James Wood to S. Andrews. _Ib._

32.—Commission for Masters Alexander Blair Minister at Galstoun, Robert
Hammiltoun Minister at Ballentrae, to go to Ireland for the first
three moneths, beginning the first day of July. Masters Samuel Row
Minister at Kirkmabrek, Alexander Levingstoun Minister at Carmichael
for the next three moneths, beginning the first day of October: and
Masters Henry Colwart Minister at Pasley, and Henry Semple Minister at
Killearne, beginning the first of January next. _Sess._ 9.

33.—Act for Ministers to the Earle of Lanerick’s Regiment of Horse.
_Ib._

34.—Sentence absolvitour of Master James Lichtoun. _Ib._

35.—Act for Ministers to L. Balgonie and L. Kirkcudbrights Regiments.
_Ib._

36.—Committee for Colon. Areskines Regiment. _Ib._

37.—Committee for conferring with the Laird of Drums second son, and
their report. _Sess._ 10.

38.—The Directory for publick Worship in the three Kingdoms. _Ib._

39.—Committee for presenting the Directory to the Parliament. _Ib._

40.—Act for planting the Kirk of Tarbet. _Ib._

41.—Committee appointed to assist the Petition given in to the
Parliament, for trying and executing some Witches. _Sess._ 11.

42.—Committee appointed to visit young Drum. _Ib._

43.—Refer. to the Commission at Edinburgh, for planting the Kirk of
Hammiltoun. _Ib._

44.—Exemption of M. Alexander Balnaves, from going to Kirkcudbrights
Regiment. _Ib._

45.—Refer. to the Commission at Edinburgh, for planting the Kirk of
Mauchline. _Ib._

46.—Committee appointed for considering the best means for planting the
Kirk and new Colledge of Aberdene. _Ib._

47.—My Lord Angus, and the Laird of Lammingtouns submission to the
Assembly, with the Assemblies determination, concerning the planting of
the Kirk of Lammingtoun. _Ib._

48.—Recom. of M. Andro Macghie to the Presbyterie of Hadingtoun. _Ib._

49.—Recom. of M. William Young to the Presbyterie of Glasgow. _Ib._

50.—Recom. concerning the new Kirk of Carsfarne to the Parliament. _Ib._

51.—Committee appointed to consider of the way for Printing M. Rob.
Boyd of Trochrigs Works. _Ib._

52.—Ref. to the Commission at Edinburgh, for revising the Labours of
a Brother, upon the continuation of the History of this Kirk, and
thereafter to cause Print them with consent of the Authour. _Ib._

53.—Approbation of the Report, concerning the injuries done to M. John
Burne in London-Darie, with a Recom. thereof to the Parliament, and a
Letter to the Commissioners at London. _Sess._ 12.

54.—Two Acts concerning James Murray. _Ib._

55.—Appointment of the Commissioners of Presbyteries, to give in a lite
of the Excommunicate Persons within their bounds to the Clerk. _Ib._

56.—Committee for assisting the Petition to the Parliament, for the
necessities of the Army in Ireland. _Ib._

57.—Recom. of M. John Williamson to the Presbyterie of Saint Andrews.
_Ib._

58.—Tryall of the Books of the Synods of Lothian, Dumfreis, Glasgow,
Aberdene, and Rosse, which were onely produced. _Ib._

59.—Admission of the Excuses for not production of the Bookes of Fyfe,
Angus, and Perth. _Ib._

60.—Recom. of Sir James Hopes Petition to the Presbyterie of Lanrick.
_Ib._

61.—Recom. to the Parliament, concerning Suspensions against Ministers
and Universities. _Ib._

62.—Recom. of M. Thomas Boyd to the Presbyterie of Glasgow. _Ib._

63.—Recom. M. John Bruce to the Parliament and Commission, for
Plantation of Kirks. _Ib._

64.—Recom. of the Petition of the Synod of Galloway to the Parliament,
concerning Thomas Mackee. _Ib._

65.—Recom. of the Petition of the Inhabitants of the Chanrie of Rosse
to the Parliament, and to the Commission for planting of Kirks. _Ib._

66.—Recom. of the Petition of M. Archbald Maccorquodill, Student in S.
Andrews, to D. Colvill Professour of Divinity there. _Ib._

67.—Recom. of the Petition of the Parochiners of Pasley to the Commis.
of Parl. for planting Kirks. _Ib._

68.—Recom. of M. Robert Torres to the Commission of Parliament, for
Plantation of Kirks. _Ib._

69.—Recom. to the Parliament, of the Petition of the Ministers upon the
Borders, concerning the insolencie of Moss-Troupers. _Ib._

70.—Recom. of the Petition of the unprovided Ministers within the
Provinces of Aberdene, Murray, and Rosse to the Parliament, and
Commission of Parliament for Plantation of Kirks. _Ib._

71.—Recom. to the Parliament, for changing the Fairs upon Mundayes to
some other day. _Ib._

72.—Ref. to the Presbyterie of Lochmaben, for going on in the processe
against M. Geo. Pryde. With a Recom. to E. Hartfell, to possesse the
Minister to the Kirk, And concerning M. Tho. Chambers Gleib. _Ib._

73.—Two Letters from the Commissioners at London. _Sess._ 13.

74.—Act authorizing Master Alexander Henderson to assist the
Commissioners of Parliament in the Treatie at Uxbridge, in matters
concerning Religion. _Ib._

75.—Ref. of the Proposition concerning Excommunication to the Committee
for the Directory. _Ib._

76.—Ref. of the Propositions concerning Government to the Committee for
the Directory. _Ib._

77.—Deposition of M. George Halyburtoun. _Ib._

78.—Renovation of the Commission, for trying and censuring the Ryot of
Stanikirk. _Sess._ 14.

79.—Renovation of the Commission, for visiting the Universitie of S.
Andrews. _Ib._

80.—Renovation of the Commission, for visiting the Universitie of
Glasgow. _Ib._

81.—Indiction of a Fast. _Ib._

82.—Committee for presenting the Petition to the Parliament. _Ib._

83.—Act for a Minister to preach to the Lord Uchiltrie in the
Blacknesse. _Ib._

84.—Ordinance for M. James Campbell, his attending my Lord Coupers
Regiment. _Ib._

85.—Invitation of any that had doubts concerning the Propositions of
Government, &c. to come to the Committee for Resolution. _Ib._

86.—Ordinance for M. John Govans repairing to my Lord Kirkcudbrights
Regiment. _Ib._

87.—Recom. to the Presbyteries of Linlithgow and Stirling, for a
voluntar Contribution of Clothes to the Earl of Calendars Regiment.
_Ib._

88.—Act for admitting M. James Levingstoun Minister to the E. of
Calendars Regiment. _Ib._

89.—Ordinance for M. John Hoomes attendance for the E. of Lanricks
Regiment of Foot. _Ib._

90.—Ref. to the Presbyterie of Peebles, to consider M. Robert Scots
Bill, and to appoint another of their number to Balgonies Regiment, in
case his reasons be found good. _Sess._ 15.

91.—Ref. M. Alexander Robertson to the Commission at Edinburgh. _Ib._

92.—Act concerning the admission of M. David Houstoun to the Kirk of
Tyrie. _Ib._

93.—Deposition of M. John Grahame. _Ib._

94.—Recom. of the Petition concerning the Kirk of Logie-Montrose to the
Parliament, or their Commission for the Plantation of Kirks. _Ib._

95.—Recom. of M. James Hammiltoun his reliefe to the Parliament.
_Sess._ 16.

96.—The Propositions of Government and Ordination. _Ib._

97.—Act concerning the Printing of M. Robert Boyds Commentar upon the
Ephesians. _Ib._

98.—Act discharging the Printing or Re-printing of the said
Commentarie, and of the continuation of the History of the Kirk, and
of M. David Dicksons short Explication of the Apostolicall Epistles,
without the consent of M. John Boyd, and of the Authors of the other
Works respective, With a Recommendation to the Parliament for their
authority to that effect. _Ib._

99.—Warrant for Printing M. Robert Boyds Opuscula. _Ib._

100.—Recommendation of the Kirk of Calder to the Parliament. _Ib._

101.—Recommendation of the petition of M. Alexander Trotter to the
Commission of Parliament for plantation of Kirks. _Ib._

102.—Reference to the Commission at Edinburgh for petitioning the
Parliament That Commissions may be granted for visitation of Hospitals
in every Province. _Ib._

103.—Recommendation to the Synod of Aberdene, to crave account of the
Laird of Drum his Bursars, and of any others in that Province. _Ib._

104.—Sentence absolvitour of M. James Oliphant, with a rebuke and
admonition of the particulars proven. _Ib._

105.—Recommendation of M. John Weirs wifes Bill to the Parliament. _Ib._

106.—Act giving Warrant to the Commissioners at London, to agree to the
clause concerning Excommunication. _Sess._ 17.

107.—Act concerning the Earl of Athols right of presenting to the Kirk
of Blair in Athol. _Ib._

108.—Reference of a Bigamist to the Justice. _Ib._

109.—Act giving power to M. John Stuart to preach at the Kirk of
Dungarth, as an Expectant, while the Presbytery or Synod sit. _Ib._

110.—Recommendation to the Parliament concerning Thomas Mackie. _Ib._

111.—Act for intimating M. George Halyburtouns deposition. _Ib._

112.—Act concerning the planting of the Kirk of Aberdour. _Ib._

113.—Suspension of M. John Robertson. With a Reference to the
Commission at Edinburgh for his further tryal and censure. _Ib._

114.—Deposition of M. John Fyfe. _Ib._

115.—Recom. M. Samuel Rows petition to the Parliament. _Ib._

116.—Commission for visitation of the University of Aberdene. _Ib._

117.—Act for changing the Presbytery seat of Aberdene, from the old
Town, to the new Town of Aberdene. _Ib._

118.—Recommen. and Reference to the Commission at Edinburgh, for
planting the Kirk and Colledge of Aberdene. _Ib._

119.—Reference of the petition given in by M. Thomas Mitchel, from the
Presbytery of Turreff, and the Vicount of Frendraught for himself, and
in name of the Parochiners of Aberchirdour and Innerkethin, to the
Commission appointed for visitation of the University of Aberdene.
_Sess._ 18.

120.—Ref. of the Petition of the Commissioners of the Presbytery of
Strabogie to the said Commission for visitation of Aberdene. _Ib._

121.—Recom. to the Parliament of M. George Wisharts Bill for his
maintenance. _Ib._

122.—Ref. to the Commission at Edinburgh, for planting the Kirks of
Edinburgh with three Ministers out of the Province of Lothian. _Ib._

123.—Ref. to the said Commission at Aberdene, for tryall and censure of
Master George Hannah. _Ib._

124.—Ordinance for Master Alexander Moncreiffs repairing to my Lord
Balcarras Regiment. _Ib._

125.—Committee for presenting the Propositions of Government, and of
the solemne Warning, to the Parliament. _Ib._

126.—Recom. of Isabel Peebles Bill to the Parliament, and the Committee
of losses. _Ib._

127.—Ref. of Patrick Strauchan to the Presbytery of Deere. _Ib._

128.—Deposition of Master James Row. _Ib._

129.—Declaration in favours of Ministers that cannot keep their houses
in thir times of troubles. _Sess._ 19.

130.—Ref. to the Commission of the Kirk of the Lord Ogilvies Bill, with
a Reference to the Parliament of the latter part of it. _Ib._

131.—Ref. of the Laird of Lamingtouns Bill to the Province of Glasgow.
_Ib._

132.—Act concerning Col. Areskines Regiment. _Ib._

133.—Recommendation of the petition of the Parochiners of Larbar, to
the Commission for plantation of Kirks. _Ib._

134.—Commission for visitation of the Hospitals of Perth and Stirling.
_Ib._

135.—Recommendation of the education of the Lord Semples children to
the Earle of Eglintoun. _Ib._

136.—Ordinance to the Presbytery of Turreff, for excommunicating M.
John Forbes, sometime Minister at Auchinles, and of M. William Lowman,
sometime Minister at Cromartie. _Ib._

137.—Ref. M. William Sibbald to the Presbyterie of Edinb. _Ib._

138.—Ref. M. Alexander Robertson to the Presbyterie of Kincardin. _Ib._

139.—Ref. of the tryall and censure of Master John Cheene to the
Commission for visitation of the Universitie of Aberdene. _Ib._

140.—Recom. of the Bill concerning the Theeves in the Borders to the
Parliament. _Ib._

141.—Commission for visitation of the Hospitals, and mortified moneyes
within the Province of Aberdene. _Ib._

142.—Commission for visitation of the Hospitals within the Province of
Angus. _Ib._

143.—Act in favours of the deposed Ministers referred unto the
Commission of the Assembly at Edinburgh. _Ib._

144.—Recommendation to the Parliament for punishing the murther of
Master Patrick Lindsay. _Ib._

145.—Recommendation to the Commission of the Assembly at Edinburgh,
to present the Propositions of Government to the Parliament, and to
receive their answer thereunto. _Ib._

146.—Recommendation to the said Commission to urge all meanes for M.
James Hammiltouns relief. _Ib._

147.—Letter to the Brethren of the Ministerie in Ireland. _Ib._

148.—Letter to Gen. Major Monro. _Ib._

149.—Act appointing Mr Hugh Kennedie for the first three moneths,
beginning the first of July, Mr. Andro Lawder for the second three
moneths, Mr. George Hutchisone for the last three moneths to repair to
London-Darie. _Ib._

150.—Letter in favours of Margaret Thomson to the Presbytrie of
Kirkcudbright. _Ib._

151.—Ref. to the Commission of the Assembly sitting at Edinburgh, to
present Overtures to the Parliament for the good of the Kirk, and
advancement of Piety, and to prosecute these presented in the preceding
Sessions of Parliament. _Ib._

152.—Ref. to the said Commission To present an Overture to the Parl.
that Presbyteries may plant the Kirks which are of the patronage of
forfaulted and Excommunicate Persons. _Ib._

153.—Ref. to the said Commission to present an Overture for restraining
of Printing without Licence. _Ib._

154.—Act appointing Master James Woods entrie to S. Andrews, To bee the
first Tuesday of June. _Ib._

155.—Ref. to the said Commission for presenting some Overtures to the
Parliament, for restraining the education of Youth in the Colledge of
Doway, or any other corrupt Colledge.

156.—Ref. of the Summonds against those that joyned with Montrose to
the said Commission at Edinburgh. _Ib._

157.—Ref. to the said Commis. concerning Witches and Charmers. _Ib._

158.—Ref. to the said Commission To revise the Paraphrase of the
Psalmes. _Ib._

159.—Ref. to the said Commis. concerning the transplanting of M. Ja.
Nasmith. _Ib._

160.—Appointment of Master Robert Baillie, M. Geo. Gillespie, and the
Lord Waristoun To repair to England with all diligence. _Ib._

161.—Ref. of the Summonds against the Subscribers of the Declaration at
Oxford to the said Comis. _Ib._

162.—Recom. of some distressed Persons to the charity of Presbyteries
and Synods. _Ib._

FINIS.




=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1645.


1. _Excerpts from Principal Baillie’s Account of the Westminster
Assembly, continued from page 414._

_My Assembly Speech._

Right Honourable, Right Reverend Fathers and Brethren,—It is the joy
of our heart, and the refreshing of our weariness, after a long and
troublesome journey, to behold the chearful face of this most venerable
assembly; whom we pray God to bless, and all these honourable
companies we are come from, does heartily salute in the Lord.

Our main errand hither at this time is, as you all know, to give some
account, as God shall enable our weakness, of the employment of your
servants and commissioners, and our Honourable and Reverend Brethren
at London, who now a whole year and divers months have, with all care,
attended the assembly and parliament there, for the furthering and
advancement in that uniformity in divine worship and church-government,
which both nations have sworn in their Solemn League and Covenant. The
success which God, according to your prayers, hath been pleased to
grant to our labour, you will better see than we can report, in the
papers which we have brought from the Honourable Houses of Parliament,
to be communicate when your wisdom shall think it seasonable to call
for them. The sum of all, as we conceive, is well expressed in the
letter of our dear colleagues to this venerable meeting, which here we
offer; as also in that other letter of that Reverend assembly at London
to that same meeting, which here likewise we present.

We can add nothing to that which from these letters you will hear
read; only with your Reverences permission and favour, we are bold to
profess, that God has done great things for poor Scotland, wherein
our hearts doth rejoice; and we are confident, that the hearts of the
godly posterity will not only rejoice, but wonder, when they look back
on the footsteps of the Lord in his glorious work. When the bishops
of England had put upon the neck of our church and nation the yoke,
first of their Episcopacy, then of their ceremonies, 3dly, the whole
mass of a service-book, and with it the body of Popery; when both our
church and state did groan under an insupportable slavery; to have been
freed of these burdens; to have been restored unto the purity of our
first reformation, and the ancient liberty of our kingdom; to have had
bishops, ceremonies, book and state slavery reformed, we would lately
have esteemed it a mercy above all our praises; but now, beholding the
progress of the Lord, how he has led us by the hand, and marched before
us to the homes and holds of our injurious oppressors; how there he has
made bare his holy arm, and brought the wheel of his vengeance upon the
whole race and order of prelates in England, and has plucked up the
root, and all the branches of Episcopacy in all the King’s dominions;
that an assembly and parliament in England unanimously, but which is
their word, abolished not only these ceremonies which troubled us,
but the whole service-book, as a very idol, so speak they also, and
a vessel full of much mischief; that in place of Episcopacy a Scots
presbytery should be concluded in an English assembly, and ordained
in an English parliament, as it is already ordained in the House of
Commons; that the practice of the church of Scotland, set down in a
most wholesome, pious, and prudent directory, should come in the place
of a liturgy in all the three dominions; such stories lately told,
would have been counted fancies, dreams, mere impossibilities: yet
this day we tell them as truths, and deeds done, for the great honour
of our God, and, we are persuaded, the joy of many a godly soul. If
any will not believe our report, let them trust their own eyes; for
behold here the warrant of our words, written and subscribed by the
hands of the clerks of the parliament of England, and the scribes of
the assembly there. We will not descend into any particulars; for that
were to take up more of your precious time than now you can spare;
and it were needlessly to anticipate by discourse these things which
presently, in particular and length, must be read unto you. Only it is
our earnest desire, that the mercies whereof we are speaking, may be
matter of thankfulness to all, a door of hope to fainting and feeble
minds, who are oft miscarried with fear what yet may be the event; a
certain ground of clear despair to all the enemies of Zion; that they
may give over their vain labour, and cease to oppose the work of God,
whether by their secret obstructions, or open hostility; knowing that
it will be hard for them to kick against the pricks, and that there is
neither wisdom nor strength against the Lord. Since the beginning of
this work to this present moment, an observing and faithful eye may
clearly remark the Lord still advancing like the morning sun, ever
advancing towards the meridian; it is great folly to fear, that any
man, that all the worms of the earth, can stop the progress of the sun
in the firmament. Clouds may arise from the earth, and thick mists may
darken the face of the sky; but the sun goes on in his course, and at
last by his strength will dispel these vapours, and make them fall to
the ground, not without the benefit of the earth. This will doubtless
be the end of these clouds that now fill our air. Let them yet further
break out in more stormy winds, in greater fires and claps of thunder
than ever; yet at last this must be their destiny, to the ground they
must fall, and fill the ditches and pits of God’s vengeance. Our sun
will shine, and our air will clear again. This we must believe, and,
according to our faith, we shall certainly find it. It was indeed very
needful that we should be humbled; our nation lately was advanced to
a high pitch of honour; we might have perished worse, if we had not
perished thus. We judge truly, that all our present troubles are not so
much interruptions of the work, as very fit and seasonable preparatives
to make us capable of more honour than yet we have attained; to fit us
to be instrumental in greater works and services than yet we have been
employed in. We all hope, that the chariot of the Lord will not here
stand, nor be arrested within the compass of this isle.


_To Mr William Spang. London, April 25, 1645._

On Thursday we were brought to the assembly. I spoke what you have in
the inclosed. Mr Gillespie spoke thereafter much to the same purpose.
Because of the longing desire of all to know what we brought, and to
deliver the minds of some from their fears, lest we had other things
than we at first would bring forth, all was presently read; the letters
of the English assembly, our commissioners letters, the directory from
end to end, the directory for ordination, the votes of government so
far as had passed the assembly, and some other papers. All was heard
with great applause, and contentment of all. It was one of the fairest
assemblies I had seen; the choicest of the ministry and elders of all
Scotland well conveened; almost the whole parliament, nobles, barons,
burghs, and all the considerable persons who were in town. Our message
was exceeding opportune, and welcome to all. It was a great refreshing
to them in a time of languishing and discouragement. A numerous
committee was appointed to examine all punctually, which we were
desired to attend. In five or six days we went through, and, by God’s
assistance, gave all men satisfaction in every thing. The brethren from
whom we expected most fashry were easily satisfied; all did lovingly
condescend to the alterations I had so much opposed, whereof I was
very glad: only Mr And. R. was oft exceeding impertinent with his
ostentation of antiquity, and Mr D. Calderwood was oft fashious with
his very rude and humorous opposition: yet we got them all at last
contented; and the act, which Mr Gillespie drew very well, consented
to, in the committee first, and thereafter in the assembly, with a joy
unspeakable, blessed be God.

Thereafter we gave to the committee like satisfaction anent the other
papers whereupon they were to have the assembly’s opinion, but no act
till they had passed the houses of the English parliament. When we had
thus far proceeded, I went to Glasgow, to see my family and friends,
after sixteen months’ absence; where, to my great joy, I found all
in health and welfare as I could wish; your mother also, and sundry
friends whom I saw, blessed be God. I had left with sundry in the
assembly to deal for my abode at home; but there was no remeid; both
of us were ordained with diligence to go back; so all that concerned
myself in private and publick went according to my mind. But for all
this, my wine was incontinent mixed with much wormwood from sundry
sinistrous accidents both in England and Scotland. The Independents,
with Mr Marshall’s help, were very near to have carried, by canny
conveyance of some propositions in the matter of church-censure,
a fair and legal toleration of their way; but their legerdemain
being perceived, was got crushed, to their small credit, and to the
break-neck of that accommodation betwixt us and them, which was far
advanced, but now, by their schismatick practices, is made desperate. *
* *

We have great toil here in the church-business. We are on the point of
setting up presbyteries and synods in London; but all the ports of hell
are opened upon us. * * *


_A Publick Letter. London, April 25, 1645._

Affairs here stand thus, so far as I understand. The assembly hath
now, I may say, ended the whole body of the church-government, and
that according to the doctrine and practice of the church of Scotland,
in every thing material. We have been these two or three weeks on
additional propositions, which seemed to be wanting for the making of
the rest practicable and perfect; these also we have ended, except
one or two, which I trust at our next session we shall pass. There
will then remain no more for the government, but the methodizing and
wording of these matters, that they may be transmitted to the houses
of parliament for their authority. The catechism, and Confession of
Faith, are put in the hands of several committees, and some reports
are made to the assembly concerning both. We expect not so much debate
upon these, as we have had in the directory and government. The
Independents, these six weeks, have not much troubled the assembly;
for after we had been a long time troubled with their opposition
to all things, it was found meet to put them to declare their mind
positively what they would be at. This they have shifted to this day,
as it was thought not fully agreeing among themselves; but now being
put peremptorily to it, they could not get it declined. Since, they
have been about that task, and we expect daily when they shall present
to us their platform of church-government. The assembly purposes not
to take it into publick debate, but to give it to some committee that
they may frame an answer to it, if so it be found convenient. The
Houses have past of our votes of government, purposing quickly to erect
the ecclesiastical courts, of sessions, presbyteries, and synods, and
thereafter to pass so much of our government as they think necessary.
We will have much to do with them to make sundry of our votes pass;
for most of their lawyers are strong Erastians, and would have all
the church-government depend absolutely on the parliament; for this
end they have past a vote in the House of Commons, for appeals from
sessions to presbyteries, from these to synods, from these to national
assemblies, and from these to the parliament. We mind to be silent
for some time on this, lest we mar the erection of the ecclesiastick
courts; but when we find it seasonable, we mind to make much ado before
it go so. We are hopeful to make them declare, they mean no other
thing, by their appeals from the national assembly to a parliament,
than a complaint of an injurious proceeding; which we never denied.


_For Mr Robert Ramsay. May 4, 1645._

The assembly having put the Independents to shew what positively is
their judgement in things controverted, we have been quit of their
cumber these six or seven weeks. Every day this month we have been
expecting their positive tenets, but as yet we have heard nothing of
them; only in their sermons in the city they are deviating more and
more towards old and new errors, especially liberty of conscience.
Their ways are daily more and more disliked. The directory is so far
from being cried down as fools say there, that there is an ordinance
of parliament coming out for the practice of it, if it be not changed,
that I will be caution few shall dare to contemn, either that whole
book, or any part of it. We have these fourteen days been upon our
advice to a subcommittee of the House of Commons, anent the execution
of our votes of government: for it is the work of that subcommittee
to draw two ordinances; the one, for the practice of the directory,
wherein their punishment is as rigorous, if it be not mitigated,
for the contemners of any part of that book as it was before to the
contemners of their religion. For preachers, or writers, or publishers,
against it, were they Dukes and Peers, their third fault is the loss of
all their goods, and perpetual imprisonment. The other ordinance is for
the erection of ecclesiastick courts over the whole kingdom. For their
help herein, they called the ministers of London to advise them for
their city, and they sent to the assembly for their advice anent the
rest of the kingdom. The city-ministers have sent them their unanimous
advice (for of 121 city-ministers, there are not three Independents)
for planting, just after our Scottish fashion, an eldership in
every congregation; of fourteen presbyteries within the lines of
communication, every one consisting of ministers betwixt twelve and
sixteen, and also many ruling elders; and of a provincial Synod for
London and ten miles round about. The assembly have presented their
advice this day. We went through this forenoon-session unanimously
what concerns provincial and national assemblies, as yesterday what
concerned presbyteries, and the days before congregational elderships.
They have concluded provincial synods twice a-year, presbyteries once
a-month, and national assemblies once a-year; and after, every one
of these as it shall be needful. Herein the greatness of this nation
forces them to differ from us with our good liking. Their provincial
assemblies cannot consist of all the ministers, but of so many
delegated from every presbytery; for in sundry of their provinces will
be above 600 churches, which would make at least 1200 members in a
provincial synod: also their national assembly is constitute of three
ministers and two ruling elders, deputed, not from every presbytery,
but as it is in France and Holland, from every provincial synod,
whereof there will be at least sixty. We shortly expect an ordinance
according to our advice, and the execution presently upon the back of
it. Our next work will be the Confession and Catechism, upon both which
we have already made some entrance.


_To Mr William Spang._

The condition of our church affairs is good. We are at a point with the
government, and beginning to take the Confession of Faith and Catechism
to our consideration. These eight days we have been on our advice for
the manner of chusing of elders in every congregation, and division
of the country into presbyteries and provincial synods. We hope now
shortly, by God’s help, to see a synod and fourteen presbyteries in
London, and a session in every church, just after the Scots fashion.
But other matters are in a dangerous posture. Hurry and Montrose have
fought a most bloody battle.

       *       *       *       *       *

The Erastian party in the parliament is stronger than the Independent,
and is like _to_ work us much woe. Selden is their head. If L’Emperour
would beat down that man’s arrogance, as he very well can, to show,
out of the Rabbins, that the Jewish state was diverse from their
church, and that they held the censure of excommunication among them,
and a double Sanhedrim, one civil, another ecclesiastick; if he would
confound him with Hebrew testimonies; it would lay Selden’s vanity, who
is very insolent for his Oriental literature. Also if any of you would
meddle with Erastus, whom Beza, they say, durst never answer, it would
do us a great deal of good.


  _For my Lord Lauderdale.
  Worcester-house, June 17, 1645._

My Lord Fairfax sent up, the last week, an horrible Antitriastrian;
the whole assembly went in a body to the Houses to complain of his
blasphemies. It was the will of Cromwell, in the letter of his victory,
to desire the House not to discourage these who had ventured their
lives for them, and to come out expressly with their much-desired
liberty of conscience.

       *       *       *       *       *

I know how lazy soever, and tediously longsome, they be here, yet that
they will be impatient of any long delay there in this work. If ever
ye did God or your country, or the whole isle, service _in_ your life,
haste up these recruits to our army. There is no other way to make the
King take reason in patience, also to bridle the insolency of wicked
men.


_For Glasgow. June 17, 1645._

Since my last, June 3d, there is, by God’s mercy, a great change of
affairs here. Our progress in the assembly is but small. We fell in a
labyrinth of a catalogue of sins for which people must be kept from
the sacrament, and ministers be deposed. When we had spent many days
upon this, we found it was necessary to have an ________ and a general
clause, whereby the presbyteries and synods behoved to be intrusted
with many more cases than possibly could be enumerated. This retarded
us so much, that yet it will be some days before the body of our
government go up to the Houses. We have sent down the last fifty of the
psalms. We wish they may be well examined there, that we may have your
animadversions and approbation. Doubtless these new psalms will be a
great deal better than the old.

       *       *       *       *       *

All would go well if it might please God to blink upon Scotland, to
remove the three great plagues we hear that continue there, hardness of
heart, the pestilence, and the sword. Our fasheries here are great and
many; we wish, from our heart, to see a happy end, and to be at home.


_Publick Letter. July 1, 1645._

Little more progress is made in church-affairs. The assembly has been
forced to adjourn on five divers occasions of fastings and thanksgiving
lately, every one whereof took from us almost two days. When we
sat we had no real controversy; only petty debates for alterations
of words, and transposition of propositions, in the whole body of
government, took up our time. Our luck will be very evil, if once
this week, by God’s help, we do not at last put out of our hands to
the Houses all that we have to say of government, the whole platform
there really according to the practice of our church. Farther, order
for the directory, after many debates, at last is passed the House of
Commons; very near as severe an ordinance as that against the neglect
of the service-book. Wednesdays and Fridays are set apart by the
Houses for church-affairs, so we hope very shortly to see presbyteries
and synods erected; yet what retardment we may have from this great
victory, obtained most by the Independent party, and what that model
of government, whereupon Thomas Goodwin and his brethren, these three
months have been sitting so close, that they very rarely, and he never
at all has yet appeared, we do not know; only we expect a very sharp
assault, how soon we know not, for a toleration to we wot not what.

       *       *       *       *       *

_July 8, 1645._—All the ministers in London now without exception are
for our presbytery. Thomas Goodwin and Burton, that were against it,
are put by the parliament from their places. Some other few preachers
are but lecturers. The Independents yet present not their model. We
suspect their domestick divisions, or their perplexity, whether to
take in or hold out from amongst themselves the rest of the sectaries.
If our army were in good case, by God’s blessing, all would settle
quickly in peace; else, we are but in the beginning of confusions and
troubles. The troubles in Scotland are but secondary evils. Your right
eye would be on the affairs here, if you have either wisdom, or any
love to yourselves. Mr Henderson is much tenderer than he wont. He and
Mr Rutherford are gone this day to Epsom waters. So long as any thing
is to do here, he cannot be away. I hope the rest of us ere long may
be well spared, if once we had through the Catechism and a part of the
Confession.


_To Mr William Spang. September 5, 1645._

This day we had a publick fast in all the churches within the lines
for the miseries of Scotland. I confess I am amazed, and cannot see to
my mind’s satisfaction, the reasons of the Lord’s dealing with that
land. The sins of all ranks there I know to be great, and the late
mercies of God, spiritual and temporal, towards them to have been many;
but what means the Lord, so far against the expectation of the most
clear-sighted, to humble us so low, and by his own immediate hand, I
confess I know not.

       *       *       *       *       *

Yet all here is in the balance. In the assembly we are going on
languidly with the Confession of Faith and Catechism. The minds of
the divines are much enfeebled by the House their delay to grant the
petition, a power to seclude from the table all scandalous persons as
well as some. Mr Prin and the Erastian lawyers are now our _remora_.
The Independents and sects are quiet, enjoying peaceably all their
desires, and increasing daily their party. They speak no more of
bringing their model in the assembly. We are afraid that this shameful
and monstrous delay of building the Lord’s house, and their ingratitude
and unkindness to us in our deep sufferings for them, will provoke God
against them, which we oft earnestly deprecate; for their misery will
be ours, and their welfare will profit all the Reformed churches I
believe in time they will do all we desire.


_A Publick Letter. London, October 14, 1645._

For the great and seasonable mercies of God to desolate Scotland, our
afflicted spirits do rejoice in God. Since he has begun to stretch
out his arm for our deliverance, we hope he will not draw it back
till he give us more matter of praise. We trust he will call back the
destroying angel, and persecute the cruel enemy till he be no more. We
hope the Lord will give repentance to that land, that after all these
troubles we may be a holy and sanctified people; also, that those who
ever have been but false-hearted, and now are discovered, and taken in
the snare, will be so disposed upon, that they be no more able to serve
the enemy.

       *       *       *       *       *

Great wrestling have we for the erecting of our presbytery. It must
be a divine thing to which so much resistance is made by men of all
sorts; yet, by God’s help, we will very speedily see it set up, in
spite of the devil. We have great difficulties on all hands; yet if
the Lord continue to blink in mercy upon Scotland, they will diminish.
I long extremely to hear the condition of Glasgow, what the enemy
has done in it, and how now it fares; what is become of my dear
brethren and colleagues, and their families; and what of my own. We
hear particularly from almost all the parts of Scotland weekly; but
since that black day at Kilsyth, we have got nothing particularly from
Glasgow.

       *       *       *       *       *

We were in a long expectation of a model from the Independents; but
yesterday, after seven months waiting, they have scorned us. The
assembly having put them to it, to make a report of their diligence,
they gave us in a sheet or two of injurious reasons why they would not
give us any reasons of their tenets. We have appointed a committee to
answer that libel. We think they agree not among themselves, and that
there are many things among them which they are loth to profess, which,
by God’s help, ere long I mind to do for them in their own words. But
our greatest trouble for the time is from the Erastians in the House of
Commons. They are at last content to erect presbyteries and synods in
all the land, and have given out their orders for that end; yet they
give to the ecclesiastick courts so little power, that the assembly
finding their petitions not granted, are in great doubt whether to set
up any thing, till, by some powerful petition of many thousand hands,
they obtain some more of their just desires. The only mean to obtain
this, and all else we desire, is our recruited army about Newark. The
inlacks of that army is the earthly fountain of all our difficulties
here. If our distressed land be able to remeid it, it would be done
quickly; else evils will grow both here and with you at home.


_For Mr George Young. October, 1645._

Our hearts here are oft much weighted and wounded by many hands. Our
wrestlings with devils and men are great. However the body of this
people be as good as any people, yet they that rule all are much
opposite to our desires. Some very few guide all now at their pleasure,
only through the default of our army. For this long time they have not
trusted us; but have had their secret fear of our colluding with the
King.

       *       *       *       *       *

The faction that here prevails, minding liberty of conscience, and
finding it impossible to gain us to oversee that so great a fault,
have made that their work be to quit of us. They have occasioned many
provocations, to vex us, and make us vex others. I cannot write the
half of their unjust, proud, and unjust dealings.

       *       *       *       *       *

The assembly is much discouraged; they find their advice altogether
slighted; a kind of presbytery set up; sects daily spreading over all
the land, without any care at all to restrain them; a clear aim in the
prevailing party to have a liberty universal; an utter dislike of our
nation for opposing their designs, and driving it so high, that ways
are studied, if no better may be, to break the union of the nations,
and have us, for the carriage of our army, declared the first breakers
to them, and dealt with us as such. We do what we are able to prevent
mischief. We cry to God, who knows the honesty of our hearts, and
the dishonesty of theirs; the cause of our engagement, and our huge
suffering; their great ingratitude to us, and our great patience to
them. It is gone already very high. We fear that they make Digby seem
to deal with us, while they in truth know how to get the King from us
to themselves on their own terms; and if we be not willing to compone
in what terms, both for religion and state, they please, to cast us
off; and for the recompence of all our labours, to turn on our poor,
broken, distressed country the armies of both. The best way we know to
prevent this, is to haste up our army, well recruited and disciplined,
to Newark, having cashiered all who are the known instruments of
debauchery, or can be proven to have kept correspondence with the
enemy. This, in spite of the Independent plots, would help all: for the
body of the parliament, city, and country, are for the presbytery, and
love us, and hate the sectaries; but are all overwitted and overpowered
by a few, whom the service and activeness of our army would undo.


_A Publick Letter. November 25, 1645._

In the assembly, we are going on with the Confession of Faith. We
had long and tough debates about the decrees of election; yet thanks
to God all is gone right according to our mind. That which has taken
up much of the assembly’s time and mind, these six or seven weeks,
is their manifold petitions to the parliament, for a full liberty to
keep from the holy table all scandalous persons. The parliament calls
this an arbitrary power, and requires the assembly to make an express
enumeration of all the sins for which they intend to censure. After
many returns, we gave them in an enumeration of many particulars, but
withal craves a general clause to be added. We have some more hope to
attain it by God’s help than before. This has been the only impediment
why the presbyteries and synods have not been erected; for the
ministers refuse to accept of presbyteries without this power. Had it
been God’s will that our army this summer had done any service, we had
long before this obtained all our desires: or yet, if we could send any
considerable strength to Newark, we would have great influence in their
counsels. All good men here desire the continuance of the union of the
nations, and know, as well as we, that in that union the happiness of
both doth consist, and in the breach of it the lasting miseries of both
are certain ruin.

       *       *       *       *       *

The city, both magistrates and ministers, are now engaged, blessed be
God, in very home and earnest petitions for the erection of general
and provincial assemblies, of presbyteries and sessions, and all with
their full power. The Independents in their last meeting of our grand
committee of accommodation have expressed their desires for toleration,
not only to themselves but to other sects. The parliament has no great
inclination to satisfy either. What may come of this, we know not; only
it were our heart’s desire that our army at Newark were recruited.
Nothing is better for the good of Scotland, for the welfare of the
whole isle, and the Protestant religion. If God make us either unable
or unwilling to this, the loss will be great to us and all.

We go on daily in some proposition of the Confession of Faith: till
this be ended we will not take in any more of the catechism. The psalms
are perfected; the best that without all doubt ever yet were extant.
They are on the press; but not to be perused till they be sent to you,
and your animadversions returned hither, which we wish were so soon
as might be. The Lord give our poor land the fruit of their grievous
troubles, and haste their deliverance.


_To Mr William Spang._

We have had sundry meetings with them for accommodation both in the
grand committee and sub-committees. We would, for peace’s cause,
dispense with them in very many things; but they are peremptor they
will not hear nor speak of any accommodation, but they will by all
means have their separate churches. They plead for a toleration to
other sects as well as to themselves; and with much ado could we get
them to propone what they desired to themselves. At last they gave us
a paper, requiring expressly a full toleration of congregations in
their way every where, separate from ours. In our answer we flatly
denied such a vast liberty, and backed it with reasons, and withal are
begun to shew what indulgence we could, for peace sake, grant. Here
Mr Marshal our chairman has been their most diligent agent, to draw
too many of us to grant them much more than my heart can yield to,
and which to my power I oppose. As yet we are not come to express our
rash bounty, and some things have interveened from God, that I hope
will stay the precipitancy of some whom I expected should have been
more opposite to all toleration of separate congregations, than when
it comes to a chock I found them. 1. Thomas Goodwin, the last meeting,
declared publickly, that he cannot refuse to be members, no censure
when members any for Anabaptism, Lutheranism, or any errors which are
not fundamental, and maintained against knowledge, according to the
principle in the Apologetick. This ingenuous, and most timeous, albeit
merely accidental profession, has much allayed the favour of some to
their toleration. 2. Some good friend has informed the city-ministers,
that they in their meeting at Sion college, have resolved unanimously
to petition the assembly against all such tolerations. 3. The other
day Sey and Wharton moved in the House of Lords to adjourn, that is
really to dissolve, the assembly. 4. The Independents are stickling too
openly to have the common council of London modelled to their mind.
5. Instead of their long-expected model, they presented a libel of
invectives as reasons why they would present no model to the assembly.
This, underhand, they caused print; and when the assembly had drawn up
a sober and true answer, and got an order from the House of Lords to
print it, they make their friends in the House of Commons as yet to
keep it in. All these are alarms to make us, if we be not demented, as
many the best men here are, to be the more wary of their toleration.

We go on in the assembly now with pretty good speed in our Confession
of Faith. We have passed the heads of scripture, God, Trinity, decrees,
providence, redemption, covenant, justification, sanctification,
free-will, sacraments in general, a part of perseverance, and of the
Lord’s Supper.


_A Publick Letter. London._

However we wait daily on the assembly, yet our progress in the
Confession of Faith is but slow. We have many diversions, many days of
fasts and thanksgivings, with the days preceding them for preparation.
The providing ministers to all vacant churches, even to remote shires,
their trial and mission, lies on the assembly, and takes up almost
every day too much of our time. The printing of the Bibles fashed us
much before we could fall on the way to get them printed well for eight
groats in octavo, with the marginal quotations, and for six or seven
groats at most in 12mo unbound. This we hope will encourage poor people
to buy Bibles. Also we are oft diverted with many by-questions from the
House; yet we hope, by God’s grace, ere long to end the Confession. We
stick long sometimes on scabrous questions; but that whereupon the eyes
and hearts of all are fixed, is the settling of the government, and
with it the toleration of sects. The greatest part of the parliament
have been hitherto very __________ to do less in the one, and more in
the other, than we could wish. Great struggling have we had, and yet we
have much to do. God has helped us to get the body of the ministry of
all the land to be cordially for us, and the city is now striking in;
which we hope shall carry it, and get up a straighter government, and
also exclude toleration of sects more than many men here do desire. We
have had many bickerings with the Independents in the grand committee
about an indulgence for their separate congregations. We have spent
many sheets of paper on both sides. They have given in writs thrice,
and we have as oft answered in writ. They are on their fourth writ.
To these we must give a fourth rejoinder, and then come to debate
verbally. For this point, both they and we contend _tanquam pro aris
et focis_. Had it been God’s will to have made our army here this last
year successful, we should have had few debates for any of our desires;
but the calamities of our country, and weakness of our army, make the
sects and their friends bold, and very insolent.


_To Mr William Spang._

This same day, the letter of our parliament is read; which, in high
and peremptor terms, but yet wise and unchangeable terms, requires the
settling of religion at last, according to the advice of the assembly,
without all toleration of any schism.


_Publick Letter. London, December 2, 1645._

We make good progress in our Confession of Faith. It would be very
satisfactory when the Lord gives it a conclusion. Our two great high
businesses for the time, are the obtaining from the House a power to
exclude all scandalous persons from the communion. We have stuck
some months on that work. The city, both ministers and magistrates,
have come down to put off our __________ __________ We expect, by
God’s help, satisfaction in this. The other is our committee of
accommodation, which will be a mighty business. The Independents
here plead for a toleration both for themselves and other sects. My
Dissuasive is come in time to do service here. We hope God will assist
us to remonstrate the wickedness of such a toleration. Yet the assembly
and city do cordially join with us in opposition to all such motion;
and we hope the House shall never approve it. An accommodation in just
terms we were well content with; but the Independents always scorned
it. Yet ere long I think they will beg it when it will not be granted.


_For Mr Roberts._

Yesterday the assembly’s petition was frowned upon in both Houses;
notwithstanding we purpose, God willing, on Thursday to give in a
remonstrance of a more full and high strain, to be communicate to
both Houses, and the assembly, on Friday, by the hand of the grand
committee. What necessity there is of hastening your petition also, you
may consider. I heard yesterday, that Mr Lilburn has a petition for the
sectaries, subscribed with the hands of a great many thousands.

  [_See continuation of the Account of the Westminster Assembly,
  appended to the Acts of 1646._]


_Note of Proceedings in the Convention of Estates relative to the
Church, betwixt the Assemblies of 1645 and 1646._


1645.

_February 12._ Act Discharging the Printing or Reprinting of some
Books, (religious,) p. 167.

_February 13._ Act anent Printing of Warning from the Assembly. _Ib._

_March 8._ Decreet of Forfeiture against the Earl of Montrose and
his Assistants, for their Invasion in the South, p. 182. Decreet of
Forfeiture against them for Invasion in the North. _Ib._ Act for
Transplanting of the Kirk of Kirkmabreck. _Ib._ Act anent the Erection
of a new Kirk in the Landward Parish of St Andrew’s. _Ib._ Act anent
the Answer of the Estates to the Remonstrance of the Commissioners
of the General Assembly, p. 187. Act anent the Erection of the Kirk
of Carfern. _Ib._ Ratification in favour of the Principal and Second
Ministers of Paisley, p. 188.

_July 10._ Act Restraining any to go out of the Country without
License, p. 191.

_August 2._ Act of Approbation of the Directorie, and for recording,
publishing, and practising of the same, conforme to the printed copy,
p. 193.

_August 7._ Act against Swearing, Drinking, and Mocking of Piety, p.
195. Act for uplifting of Pecunial Pains to be bestowed upon Pious
Uses. _Ib._

_December 18._ Act anent the Training and Arming of the Fourth Man, p.
200.

_December 26._ Act for Publishing and Printing of the Declaration of
the Commissioners of the General Assembly, p. 202. Answer of Parliament
to the Remonstrance of the Kirk. _Ib._


1646.

_January 16._ Decreets of Forfeiture against Sir Robert Spottiswood,
Nathaniel Gordon, William Murray, and Mr Andrew Guthrie, p. 205.
Commission for Visiting the Universities of Aberdeen. p. 205. Act in
favour of the University of St Andrew’s. _Ib._ Overtures for the Kirk
and Ordinance of Parliament. _Ib._

_February 2._ Act discharging the Printing of anything concerning
Religion or the Kirk without License, p. 215. Act anent Non-Covenanting
Patrons. _Ib._ Act for founding Schools in every Parish, p. 216. Act
discharging the Printing of Books, Chronicles, or Libels without
License. _Ib._

_February 3._ Act in favour of the University of St Andrew’s, and anent
the Creditors of Sir Robert Spottiswood, p. 228.

_February 11._ Act Discharging the Printing of anything concerning
Religion or the Kirk, without License of the General Assembly or
Commissioners, p. 215. Act anent Non-Covenanting Patrons. _Ib._ Act for
founding Schools in every Parish, p. 216. Act discharging the Printing
of Books, &c., applicable to all Publications “concerning the State
of the Kingdom for ages past, without Warrant or Allowance for that
effect,” from the Secretary of State or Supreme Judicatories, without
prejudice to the Act in favour of the Kirk, p. 217.




THE

GENERAL ASSEMBLY,

AT EDINBURGH, 1646.


The preceding pages embody, with sufficient fulness and authenticity,
the proceedings of the Scottish Parliament and Assembly in the
beginning of the year 1645; and it is now our task to revert to
contemporary occurrences during the period which intervened betwixt the
Assemblies of 1645 and 1646, and which gave a colour and character to
these proceedings, and ushered in the latter General Assembly.

Of the occurrences now referred to, by far the most striking and
interesting were the military achievements of Montrose, which more
immediately operated on the nerves and the policy of the Scottish
Conventions in January and February, 1645. In our last sketch, we
brought down the notices to the end of January, of that year when
Montrose, having devastated Argyleshire, and chased its lord into
the Lowlands, bent his steps towards the north, in order to muster
the Royalists, and renew his summer aggressions on the dominant
Covenanters. He had not, however, proceeded far on his route when he
learnt that Argyle had returned to his own country with some Lowland
forces, with whom he joined the remnant of his own clan, and had taken
up a position at Inverlochie Castle, near Fort William, at the western
extremity of the chain of lochs which have recently been connected by
the Caledonian Canal. Retracing his steps through the snow-wreathed
mountain passes with his wonted celerity, Montrose’s band was once more
suddenly and unexpectedly in face of his enemy on the 1st of February,
and the outposts partially engaged. Although greatly superior in
force to Montrose, and in a position of his own selection, the Lord
of Argyle prepared, at the dawn of day next morning, for the coming
battle, by securing his own person in a place of safety. The soldiers
on both sides had lain all night on their arms; and, when Montrose was
in the field, there was little parley to be looked for. Argyle surveyed
the contest from the boat in which he had rowed from the shore ere it
commenced; and once more the star of Montrose was in the ascendant. The
clan Campbell and their allies fought gallantly; but, deserted by their
chief, and paralized by the terror of Montrose’s name, fifteen hundred
of them were slaughtered before the eyes of their craven lord in the
battle and retreat which followed; while this victory was won with
the most trivial loss of men on the part of Montrose—among whom was
Sir Thomas Ogilvy, of the House of Airlie, one of the most chivalrous
adherents of the Royal cause.

Montrose, having thus annihilated Argyle’s power, and tarnished the
military and moral influence of that chieftain, proceeded towards the
north-east, where the fame of another victory gained him the support
of Lord Gordon, and a considerable body of cavalry under his banner.
The dismay of the Convention and Assembly, then sitting at Edinburgh,
may be gathered from their recorded councils; and although they
screwed their courage up while Montrose was traversing the Grampians
and the wilds of the Western Highlands, his uniform success, and the
increase of his strength, made them tremble for their safety even in
the metropolis, though all the castles were in their hands. Baillie,
the second in command of their troops in England, and Urry, (both
experienced soldiers,) were recalled. These generals for some time
manœuvred so as to prevent Montrose from crossing the Tay and Forth;
and, as was frequently the case with him, his force was diminished by
the retirement of numerous portions of it. With the remnant, however,
he attacked the town of Dundee; and, with the irrepressible ardour of
his Highland and Irish soldiery, (who had no pay or sustenance save
plunder,) it became a scene of devastation, even in the immediate
vicinity of Baillie’s army, which was within a mile of the town.
Montrose hurriedly recalled his soldiers from the havoc, and effected a
retreat northwards, which has been admired as one of the most brilliant
of his exploits. In the face of a much superior force and able
generals, he effected his retreat without disaster—marching above sixty
miles without intermission, and fighting or manœuvring for three days
and nights, without rest or refreshment.

The Gordons once more joined Montrose in the north; and Urry being
detached to lead the northern Covenanters, and attack him in that
quarter, the hostile parties came again into collision at Auldearn,
(4th May, 1645,) where Montrose disposed his small band in the most
skilful manner, and obtained another victory in that fierce and well
fought battle, in which 2,000 of Urry’s troops were cut to pieces.
Urry had lost in it about a third part of his soldiers; and being
completely disabled and baffled, he was compelled to retreat on
Baillie’s main army, and leave Montrose victor of the field. Baillie
and Urry still advancing in greater force, Montrose soon again came
into contact with them (on the 2d of July) at Alford, where, after a
fierce and sanguinary struggle, (in which Lord Gordon was mortally
wounded,) the genius of Montrose, and the resistless gallantry of his
followers, won the day. They burst through the army of the Covenanters
like a living torrent, sweeping everything before them; and thus the
most skilful leaders, and some of the best troops of the Covenant, were
utterly cut off, or scattered in the north.

The natural effect of this career of victory was a considerable
accession to his standard, both of Highlanders and of non-Covenanters
in the Lowlands, who had hitherto been borne down by the high-handed
power of the Church and Estates, combined against the Royalists of
that kingdom; and there was something too, it must be confessed, in
the daring, and the devotedness of Montrose to his Sovereign—in his
grappling with and surmounting all disadvantages—and in the fame of
his uninterrupted triumphs—which was calculated to awaken the martial
spirit of Scotland, that we have seen even in later times awakened from
the slumber of peace, and shining forth in brightest lustre on the
fields of Spain and Belgium.

Notwithstanding the successes which had attended the arms of the
Parliaments in England, these successes of Montrose excited the
greatest consternation in the councils of those who at that time
ruled Scotland. New levies of troops were ordered to the number of
10,000; and the Convention of Estates was driven from Edinburgh by
a pestilence, which added to the other horrors of the year 1645 in
Scotland. They removed their sittings, in the month of July, first to
Stirling, afterwards to Perth—assembled around them all the forces they
could muster under the command of Baillie—and sent all the western
Lords of the Covenant to their respective shires to quicken new
levies.[332]

Montrose, with ranks more crowded and better appointed than heretofore,
descended from the mountains, and passing by the Convention and the
troops at Perth, whom he treated with scorn, advanced southward
with rapidity. Approaching the northern shore of the Forth, through
Kinross-shire, he consigned Castle Campbell (belonging to Argyle) to
the flames. He thence proceeded westward, marking his progress by
similar acts of vengeance; and crossing the river Forth at a ford
some miles above Stirling—the castle of which he had no means of
assailing—he then bent his course in a westerly direction for the
purpose of dispersing the new levies in the south-western counties,
and of advancing to the aid of his royal master in England. When he
had advanced as far as Kilsyth, he learned, on the 15th of August,
that Baillie, who had decamped from Perth, and taken the shorter route
by Stirling Bridge, was advancing towards him. That able commander,
knowing full well the spirit of Montrose and of his troops, would
have avoided a general engagement, but was overruled by Argyle and
other nobles, forming a Committee of the Estates, who urged on the
attack. Montrose was advantageously posted, and eager for the fight;
his men stripped to their shirts; and thus prepared “to do or die.”
The Covenanters, ere yet they were fully formed, began the attack on
an outpost; upon which Montrose, seeing and snatching the favourable
moment, poured down his daring followers to the combat, to which
they rushed in close columns with a wild shout that appalled their
antagonists, whose ranks they pierced, and whom they dispersed and
slaughtered with scarcely a shew of resistance, for the space of more
than ten miles. Four or five thousand of the Covenanters were slain on
the field and in the flight; and the only semblance of an army which
the Covenanters had on foot in Scotland was thus utterly routed and
dissipated. On this, as on former occasions, Argyle sought personal
safety in a barque on the Frith of Forth, at the nearest point to the
scene of action.

The capital surrendered on his advance, and there, as well as
elsewhere, he liberated a number of the King’s friends who were in
captivity; and so many persons of rank and consideration joined his
standard, that he called a Parliament to be held in Glasgow in the
King’s name. For the time, he was the conqueror of Scotland, save only
its few castles; but even if he had possessed the means of reducing
them, that formed no part of his scheme, which was to reach and join
the Royal standard in England. Meanwhile, the leading men of the
Convention and others fled for concealment in all directions; and, for
a brief space, the power of the Covenanters was completely broken.
But, from the very nature of Montrose’s armaments all along, they were
liable to frequent mutations. Destitute of what have been emphatically
termed “the sinews of war”—the funds for regularly maintaining his
followers in the field—they ever and anon, as volunteers, retired to
their homes, to the harvesting, and other pursuits, without leave asked
or given; and even after the triumphant Battle of Kilsyth, when he
had thus become master of Scotland, and might then have trodden the
Covenanters under foot, his forces melted away, until it was diminished
nearly to the condition in which it had been when he traversed the
wilds of Atholl and Badenoch.

Having communicated with the King, whose fortunes were then at the
lowest ebb in England, and urged him to draw near the northern border,
so as to form a junction of their respective forces, Montrose received,
by the hands of Sir Robert Spottiswood, a commission, under the Great
Seal, appointing him Captain-General and Lieutenant-Governor of
Scotland. Thus fortified, and animated by the sanguine spirit which
had already achieved such wonders under the most disadvantageous
circumstances, Montrose began his March towards the Border, and,
early in the month of September, took up his cantonments at Selkirk;
one portion of his little army (the cavalry) being quartered in that
hamlet, and the other division of it being encamped at Philiphaugh,
on the opposite bank of the Yarrow. Meanwhile the tidings of the
disasters and despair of the Covenanters at home had reached the army
in England. The chief men of that party were skulking in Berwick and
other places near the Border, which were occupied by the Covenanting
forces—and David Leslie was detached with five or six thousand of the
Scottish auxiliary army, composed chiefly of cavalry, to check the
progress of Montrose in Scotland. He crossed the Border at Berwick, and
proceeded on the route towards Edinburgh, with the view apparently of
intercepting the return of Montrose’s adherents from the north and the
Highlands. But he was too good a general either to disclose his real
intention, or to overlook any advantage which offered itself in the
course of his operations.

When Leslie had advanced so far as Musselburgh, and was within two
hours’ march of Edinburgh, he suddenly changed his route, and started
across the country by Middleton to Melrose, within four miles of
Montrose’s cantonments. Leslie’s troops were quartered at Melrose on
the 12th of September, and reposed there and in its vicinity during
the night; and early next morning, covered by a thick mist, approached
Montrose’s encampment on Philiphaugh. All the chief gentry on the
Border being at the time in the interest of the Covenanters, and their
vassals and tenantry being, of course, like-minded according to the
feudal feelings which then prevailed; and Montrose being lulled to a
fatal security by past success, and a belief that Leslie was in or
near Edinburgh, had not his scouts on the outlook. Leslie, favoured by
these circumstances, suddenly and unexpectedly attacked the camp of
Montrose, when unprepared for the contest, on the morning of the 13th
of September. Dividing his force into two portions, they respectively
attacked Montrose’s infantry on either flank; and the first tidings
which their chief heard that an enemy was near, were the sounds of
battle from the opposite bank of the Yarrow. Mustering his cavalry
in all haste, he rushed to the battle field, but too late for his
presence being available. Although his gallant followers fought with
their wonted enthusiasm, many of them were already either slaughtered
or taken prisoners ere he reached the scene of conflict; and although
he and his companions did all that skill or valour could accomplish in
such circumstances, it was in vain. Montrose continued the desperate
combat until all that remained of his force was only thirty of his
cavalry, the greater number being either killed, taken prisoners, or
sheltered from the rout in an adjoining wood. With this wreck of his
band, he retreated up the Yarrow and crossed over to Peebles, where a
few of his followers who had escaped joined him. After this disastrous
affair, Montrose once more retreated to the Highlands, where for the
present we must leave him.

We cannot pass on from this narrative of the Battle of Philiphaugh,
without recording that the successful commander, David Leslie,
tarnished his laurels by a cold-blooded massacre of the prisoners he
had captured, at the instigation, it has been confidently affirmed,
of the Covenanting clergy. Many of the prisoners were taken to Newark
Castle; and, while several persons of rank and better condition
were reserved for future vengeance, those of an inferior class were
butchered in scores in the court-yard of the Castle, like cattle in
the shambles: one hundred persons, at least, were put to death on this
occasion. A more atrocious outrage against all the usages of civilized
warfare never was committed, save in the modern times of Spanish
barbarity; and these hapless men, it most be remembered, were taken
prisoners while bearing arms under the commission and in the cause of
their lawful Sovereign, whose title and authority the Covenanters at
that time did not impugn, but, on the contrary, affected to vindicate
and uphold. If in future turns of fortune, the Covenanters became the
victims of bloody persecution, let it not be forgotten, that this
system of wholesale murder originated in the massacre at Newark Castle.
It must be stated, however, in palliation of this act of revenge by the
Covenanters, that Montrose and his followers, during the progress of
their victories, had ravaged, with unsparing severity, every district
which they visited; plundering, burning, and desolating, and not
unfrequently sacrificing life without mercy or remorse at every stage
of their progress.[333]

The picture which Scotland exhibited at the time referred to, would be
incomplete were we to omit mention of the executions in form of Law
which soon after followed the massacre of Newark. Douglas, Crawford,
Erskine, Fleming, and Napier, escaped along with Montrose from the
field of Philiphaugh; but among the prisoners reserved for more
deliberate proceedings, were Hartfield, Drummond, Ogilvy, Sir Robert
Spottiswood, (a son of the Archbishop and President of the Session,)
Sir Alexander Leslie of Auchintool, Sir William Rollock, Sir Philip
Nisbet, William Murray, brother of Tullibardine, Alexander Ogilvy of
Innerquarity, Nathaniel Gordon, Andrew Guthrie, son of the Bishop
of Moray, Stewart the Adjutant, and two Irish Colonels, O’Kyan and
Leighton. David Leslie, after his victory at Philiphaugh, fell back
on Lothian, where the two Irish officers were tried by martial law
and executed. Soon after, at a meeting of the Estates in Glasgow, Sir
William Rollock, Sir Philip Nisbet, and Alexander Ogilvy, were found
guilty of “rebellion against the State”, and executed there on the
29th of October. On the 26th of November, the Parliament met at St
Andrew’s, when Sir Robert Spottiswood, (whose sole crime was carrying
the King’s commission to Montrose,) Mr William Murray, Colonel Gordon,
and Mr Andrew Guthrie, were tried, condemned, and executed. Lord Ogilvy
and Adjutant Stewart made their escape; and Hartfield alone, through
the intercession of Argyle, was pardoned. And thus commenced the bloody
war of party revenge, which for nearly forty years afterwards polluted
and dishonoured the annals of Scotland.

In our last introductory sketch, we had brought down the narrative
of events in England to the Treaty at Uxbridge, which commenced in
January, 1646. The discussions embraced three great points—religion,
the militia, and Irish affairs. On the first of these, the
Parliamentary and Scottish Commissioners strenuously insisted on
the uniformity of religion, in terms of the League and Covenant;
Presbyterianism to be the form of Church Government, and that form,
with all its formalities and doctrines, (still unsettled even in
the Ecclesiastical Assemblies of both kingdoms,) was sought to be
sanctioned and adopted by the King, and enforced coercively on all his
subjects of Scotland, England, and Ireland. The other two subjects
presented also debatable points; but these are foreign to our purpose;
and the King having been required to sanction a bill for the abolition
of Prelacy—to confirm the proceedings of the Westminster Assembly,
with all the particulars subordinate to such a requisition—the treaty
terminated on the 22d of February, without leading to any auspicious
results, by the King rejecting overtures so inconsistent with all his
principles. Nor although the insurgents were still in the ascendant
in the affairs of arms, had the Presbyterian party any good ground of
confidence in their ultimate triumph; for henceforward the Independent
party became more bold and energetic, and, ere long, acquired a decided
preponderance in the councils which ruled the land; and, finally,
abolished and tyrannized over both the Episcopalian and Presbyterian
establishments; these being completely overborne by a potent
combination of wild and mystic sects, whose tenets were too variegated
to admit of any adequate description in a sketch of this kind, but who
always inculcated the doctrine of unlimited toleration, although in
their conduct, as was the fashion of the age, they practically outraged
its principles.[334]

The Acts of the Assembly 1645, contain abundant evidence of the spirit
by which it was animated; and we forbear adverting to particulars.
We go on, therefore, to remark that the English Parliament, by
their self-denying ordinance and new modelling of the army, having
invested the leading Independents with the highest power on their
side, obtained, on the 14th of June, 1645, the victory at Naseby. The
fate of Charles was thereby irretrievably sealed, and his fortunes
hopelessly overcast. In this state of affairs, the conflicts betwixt
the Presbyterian and Independent parties waxed fiercer in consequence
of continued efforts, on the part of the former, to obtain uncontrolled
spiritual domination, which was, of course, resisted by the other
party; and the English Parliament and leaders having, with the
assistance of the Scottish armies, triumphed over the Royalists, in all
quarters, were now anxious to get quit of their allies, whose presence
in England operated as a check on the predominant English adventurers.
Imputations against the Scottish army for rapacity, inactivity,
and other real or imaginary backslidings, led to recrimination and
heartburning; and the Scotch had a plausible ground of complaint,
inasmuch as the pay and allowances which had been promised them by the
English Parliament were greatly in arrear. Besides all these causes
of discord, the Scottish party was disappointed by the qualified
adoption of Presbytery as the Church of England. The conclusions of
the Westminster Assembly, after being sanctioned by the Scottish
General Assembly and Estates, were adopted indeed as an experiment
by the English Parliament, but to be reversed or altered according
to circumstances; and during all the sittings of the Westminster
Assembly, the English Parliament sturdily refused to render the Church
independent of the State, and retained to itself the ultimate power of
control in all matters ecclesiastical as well as civil. This sort of
erastianism was very unpalatable to the Scotch, who had set the Church
above the State, and wished this dominancy to be extended to England as
well as Scotland.

While these misunderstandings were at a height, and the King’s
power almost annihilated, he endeavoured to avail himself of these
distractions by a diplomacy not, perhaps, altogether free of intrigue,
with both the parties concerned; and, towards the close of the year
1645, he made overtures for an agreement with the English Parliament;
but although quarrelling among themselves, the victorious parties
concurred in rejecting those overtures, which, had they been acceded
to, might eventually have frustrated the designs of Cromwell and his
associates. They resolutely resisted the King’s offers to disband all
his forces and go to London, attended only by a royal escort, to pass
an act of oblivion, and to do whatever the Parliament should advise for
the good and peace of the kingdom, on the single condition of obtaining
security for the personal safety of himself and his followers. The
absolute rejection of such propositions was a sufficient indication
to the unfortunate Charles that he had nothing to expect even from
the most humiliating concessions to the ruling party in England;
and in this sad extremity of his fortunes, he adopted, perhaps, the
only other alternative that remained to him—that of casting himself
unreservedly upon the loyalty, the generosity, the gratitude of his
Scottish subjects; for assuredly the ample concessions which he
had made to them in 1641, by which he had confirmed their favourite
ecclesiastical polity, given omnipotence to the Estates, and vested
the executive authority entirely in the hands of the ruling party in
Scotland—and which he had not, in a single instance, infringed during
the space of five years, (unless his commission to Montrose may be
so construed,)—gave him reasonable grounds to expect that they would
welcome and protect their native King, who had thus lavished his regal
prerogatives upon them, and extended their national liberties. We shall
soon see the result of this resolution.

The King had been induced to adopt the course now alluded to by the
representations of Montreville, a French agent, who assured him he
would be safe and welcome in the Scottish camp, then pitched before
Newark. On the 27th of April, 1646, Charles left Oxford in disguise,
and on horseback, as the lackey of one of his attendants, of whom
there were only two, Ashburnham, groom of his bed-chamber, and Hudson,
a clergyman; and, after traversing the country by many by-ways and
circuits, he at length, on the ninth day after leaving Oxford, reached
the camp at Newark. The King’s departure from Oxford, which was soon
discovered, and communicated to the Parliament, spread a panic among
the factions of which it was composed. They dreaded his appearance
in London, as calculated to excite some reaction inimical to their
designs; and to harbour or conceal his person was denounced, under
all the penalties of treason against the Commonwealth. This dastardly
alarm was only quieted by intelligence of his Majesty’s arrival at the
Scottish camp, of which the Lord Leven had sent notice to both the
Scottish and English Parliaments; and the latter passed a resolution
on the sixth day of May, that the Scottish general and commissioners
should be required to consent that his Majesty’s person might be at
the disposal of the two Houses of Parliament in England, and sent to
Warwick Castle. They were also desired to render up the persons of his
two companions; a demand to which the Scottish authorities in the camp
demurred, on grounds which were honourable to their feelings.[335]

The Scottish general had received his sovereign, on his arrival at the
camp, with all becoming courtesy and respect; but he soon found himself
in truth a captive, and reduced to the condition of a mere make-weight
in the scale of sordid political negotiations which speedily ensued
betwixt the Parliaments of England and Scotland. Leslie, with small
difficulty, induced the King, who was now powerless, to issue his
orders to the Commander of Newark, for the surrender of that town,
which took place on the 6th of May. This was followed by similar orders
to other loyalists in various other strengths, which still held out for
the King, and by his instructions were rendered up to the Parliamentary
forces; and thus the last visible sparks of loyalty, and of regal
authority in the person of Charles I. were extinguished in England.
Having effected these objects, and having the royal person in his
custody, the Scottish general led his army northward, and on the 13th
of May 1646, took up his cantonments at Newcastle-upon-Tyne.[336]

The cessation of arms was succeeded by a vast variety of complicated
negotiations, which it is not within our province to detail. The
Committee of the Scottish Estates was sitting when the King’s arrival
at the camp was made known to it, on which it sent a deputation with a
message of seeming loyalty, and an intimation of the lively interest
which it took in the safety of his person, and the preservation of his
honour; but very speedily he learned that it had given instructions to
its Commissioners to act in concert with the two Houses of Parliament
in England, and that the Scottish Estates would not agree to anything
by which the “unity and uniformity” in religious matters, which was
contemplated by the League and Covenant, in the three kingdoms might
be affected. Untaught by the lessons of experience—shutting their eyes
to the fact that, instead of the “unity and uniformity” which they
fondly anticipated from it, that celebrated monument of extraordinary
zeal had been productive only of an increase of schisms, divisions,
and theological sects, on all hands, and in high places—and forgetful
too that by the very terms of that deed, as well as by the Covenant
of 1637, they were bound “to defend the Kings Majesties person and
authority,” and “the honour of the King”—they allowed themselves to get
bewildered in a maze of metaphysical theology and polemics, which set
at nought the most obvious dictates of common sense and sound morality,
and still persisted in the inforcement of a uniformity which no earthly
power ever can command, without an exercise of unmitigated despotism.
In this state, and in this mood, were the affairs and the authorities
of Scotland when the General Assembly met on the 3d of June, 1646. The
political events of the time will become the subject of further review,
after exhibiting the proceedings of that Assembly.




THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY, MET AT EDINBURGH,

JUNII 3, 1646.


Edinb. 4 Junii, 1646. Sess. II.

_The Kings Letter to the Assembly, presented by M. Robert Douglas,
Minister at Edinburgh._

CHARLES R.

Right trusty and welbeloved, We greet you well. Having lately written
to Our Houses of Parliament at Westminster, and the Commissioners from
Our Kingdom of Scotland at London, and likewise to the Committees
of Estates of that Our Kingdom; Shewing Our great sense and grief
for the sad effects have flowed from the unhappy differences betwixt
Us and Our Subjects, with Our reall resolutions to comply with the
desires of Our Parliaments of both Kingdoms, and those entrusted by
them for settling of Trueth and Peace in all Our Dominions: And now
being informed of your meeting, We have thought fit hereby (since
We could not conveniently send a Commissioner) to give you the same
assurances; And withall, that it shall be Our constant endeavour to
maintain Religion there, as it is established, in Doctrine, Worship,
and Church-Government, and leave no good means unassayed for setling
an universall Peace in that Our native and ancient Kingdom, with the
Reformation of Religion, and settling Peace in England and Ireland:
And after the return of an answer to Our late Message to Our Houses
of Parliament heer, We shall more particularly acquaint you, or your
Commissioners, with Our further resolutions. In the mean time, We
seriously recommend Our selves and the distracted condition of Our
Kingdoms, to your most earnest Prayers to God in Our behalf, expecting
from you faithfulnesse in your severall Charges and Callings, with that
Loyaltie and obedience which becometh the Ministers of the Gospel. We
bid you very heartily farewell, from New-castle the 28 of May, 1646.

  Direct.

  For Our right trustie and welbeloved, The Moderatour, and other
  Members of the Generall Assembly of the Kirk of Our Kingdom of
  Scotland.


6 Junii, 1646. Ante Meridiem. Sess. IIII.

_Act concerning the Registers and Acts of Provinciall Assemblies._

The Assembly recommends to Provinciall Assemblies, that hereafter they
cause read all their Acts, before the dissolving of every Assembly; And
that their Registers be written formally, and in a good hand writing,
with the severall Leafes or Pages thereof marked by ciphers according
to their number.


11 Junii, 1646. Ante Meridiem. Sess. VII.

  _Act concerning the publike satisfaction of Married persons, for
  Fornication committed before Marriage._

The Generall Assembly understanding that in many places the publike
scandals of Fornication committed before Marriage, are not taken
notice of and removed by publike confession according to the order of
this Kirk; Therefore for remedie thereof do Ordain, That all Married
persons under publike scandall of Fornication, committed before their
Marriage (although the scandal thereof hath not appeared before the
Marriage) shall satisfie publikely for that sin committed before their
Marriage, their being in the estate of Marriage notwithstanding And
that in the same manner as they should have done if they were not
Married.


13 Junii, 1646. Ante Meridiem. Sess. X.

_Ordinance for Excommunication of the Earle of Seafort._

The Generall Assembly having taken to their serious consideration,
that perfidious Band made and contrived lately in the North, under
the name of An humble Remonstrance, against our Nationall Covenant,
and the League and Covenant of the three Kingdoms; Which tendeth to
the making of division and fomenting of Jealousies within this and
between both Kingdoms, to the prolonging of these unnaturall Warrs,
to the impeding of the intended Uniformity in Religion, and to the
subversion of all the happie ends of our covenants: And finding
that George Earle of Seafort hes not only most perfidiously himself
subscribed the said wicked Band, contrary to his solemne Oaths in the
Covenants aforesaid, and most arrogantly owned the same under his owne
hand writing in his letters to the Committee of Estates, and to the
Commissioners of the preceding Assemblie: But also hes seduced and
threatned others to subscribe that divisive Band, and to joyne with
him in prosecution of his treacherous and wicked designes, therein
masked with the pretences of religion and libertie; boasting also the
pursuance of that his Remonstrance against all deadly the opposers
thereof, whether King or Parliament. And having also considered another
wicked and treacherous Band of Union which the said Earle formerly
entred into with that excommunicate Rebell James Grahame, after the
sentence of forfalture, and the dreadfull sentence of excommunication
were pronounced against him, Oblieging himself therein under solemne
Oaths to joyne with that forfaulted Rebell against this Kirk and
Kingdome, and to oppose all their publike resolutions for pursuance
of the happie ends of our said Covenants. All which, with his vile
reproachfull aspersions and most false calumnies against this Kirk
and State, and their publike and lawfull endeavours and resolutions,
with his other wicked and perfidious practises at length discovered in
the Proclamation of the Committee of Estates, and the Declaration of
the Commission of the Assembly against the said perfidious Band and
Remonstrance, being gravely pondered and considered; Together with
his base treachery to the Estates, being intrusted by them with ample
Commission, and encouraged and enabled for discharging thereof, with
Mony Ammunition and Arms in a good measure: Notwithstanding whereof
contrary to that great trust reposed in him, It is notor that not
only he did not joyne with the Forces raised for the defence of this
Kingdome, But rather on the contrary, actually joyning himself and
his Forces with that excommunicate Rebel James Grahame, and these
unnatural bloody Rebels his followers, did beleager Jnnernesse, a Towne
Garrisoned by the Estates for the Defence of that part of the Country.
And the Assembly having also found that fair means have been used for
reclaiming of the said Earle from that wicked and perfidious course,
by publike Declarations and Proclamations, and particular Letters
sent to himself from those that had power in that behalf, And that
notwithstanding thereof and of Summonds direct against him to answer
to the premisses, often called, he doth not appear, but still remains
obstinate in his wicked courses; And after mature deliberation having
found his frequent fearfull and grosse perjuries, his perfidious and
wicked conspiracies by Band and Oath, with the publike Enemies of
this Kirk and Kingdom, and his other treacherous and wicked practices
so contemptuously and pertinaciously persisted into, To be haynous
offences against God, and high contempt of all Ecclesiastical and
Civil authority, Therefore the Assembly moved with the Zeal of God,
do without a contrary voice Decerne and Ordain the said George Earle
of Seafort to be summarly excommunicate, and declared to be one whom
Christ commandeth to be holden by all and every one of the Faithfull as
an Ethnik and Publicane, and appoints the sentence of excommunication
to be pronounced by Master Robert Blair Moderator in the east Kirk of
this Citie, upon the next Lords day, being the 14 of this Moneth; And
that thereafter publike intimation be made thereof upon a Sabbath day
before noone in all the Kirks of this Kingdom so soon as advertisement
shall come unto them.


_Enormities and Corruptions observed to be in the Ministery, with the
Remedies thereof._

ENORMITIES.

The first and main sin, reaching both to our personall carriage and
callings, we judge to be, Not studying how to keep Communion and
Fellowship with God in Christ, but walking in a naturall way, without
imploying of Christ, or drawing vertue from him, to inable us unto
sanctification, and Preaching in spirit and power.

  In our Lives.

1. Much fruitlesse conversing in companie, and complying with the sins
of all sorts, not behaving our selves as becomes the men of God.

2. Great worldlinesse is to be found amongst us, minding and speaking
most about things of this life, being busied about many things, but
forgetting the main.

3. Slighting of Gods worship in their families, and therefore no
cordiall urging of it upon others: yea, altogether a wanting of it in
some, if it be credible.

4. Want of gravity in carriage and apparell, dissolutenesse in haire,
and shaking about the knees, lightnesse in the apparrell of their wives
and children.

5. Tippling and bearing companie in untimous drinking in Tavernes and
Ale-houses, or any where else, whereby the Ministerie is made vile and
contemptible.

6. Discountenancing of the godly; speaking ill of them, because of some
that are unanswerable to their profession.

7. The Sabbath not sanctified after Sermons, which maketh people think
that the Sabbath is ended with the Sermon.

8. There are also to be found amongst us, who use small and minced
oaths.

9. Some so great strangers to Scripture, that except in their publike
Ministerie, though they read many things, yet they are little
conversant in the Scripture, and in meditation thereof: A dutie
incumbent to all the people of God.

  In our Callings.

1. Corrupt entry into the Ministrie in former times, and following the
course of defection, though forsaken, yet never seriously repented: as
also present entring into the Ministery, as to a way of living in the
world, and not as to a spiritual calling.

2. Helping in, and holding in of insufficient and suspected men, who
favour the things of this life, and keeping the door straiter on them
whom God hath sealed, then upon these who have lesse evidence of the
power of grace and holinesse.

3. Partiality in favouring, and speaking for the scandalous, whether
Ministers or other persons, teaching them how to shift and delay
censures.

4. Silence in the publike cause, not labouring to cure the disaffection
of people, not urging them to constancie and patience in bearing of
publike burdens, nor to forwardnesse in the publike Cause; whereby
Malignants are multiplied; yea some are so grosse herein, that even in
publike Fasts little or nothing is to be heard from them sounding this
way.

5. Some account it a point of wisdome to speak ambiguously: some
incline to justifie the wicked cause, uttering words which savour of
disaffection: and all their complaining of the times, is in such a way
as may steal the hearts of people from liking of good Instruments in
this work, and consequently from Gods Cause: yea, some reading publike
Orders, are ready to speak against them in their private conference.

6. Idlenesse, either in seldome Preaching, as once on the Lords day,
or in preparation for publike duties, not being given to reading and
meditation: others have but fits of paines, not like other Tradesmen
continually at their work.

7. Want of zeal, and love to the conversion of souls, not being
weighted with the want of successe in reclaiming of sinners, nor
searching in themselves the cause of not profiting, preaching _ex
officio_, not _ex conscientia officii_.

8. Self-seeking in preaching, and a venting rather of their wit and
skill, than a shewing foorth of the wisdome and power of God.

9. Lifelesnesse in preaching, not studying to be furnished by Christ
with power; and so the ordinance of God reacheth not to the conscience:
and heereto belongeth the not applying of the doctrine unto the
auditory and times.

10. The indiscreet curing of the indiscretion of pious people and
Ministers, whereby godlinesse hath gotten a deep wound, and profanitie
hath lifted up the head, contrary to that wise and gracious order set
foorth in the Generall Assembly holden at Edinburgh, 1641.

11. Little care to furnish our Armie, either abroad or at home with
Ministers; One of our grievous sins, and causes of our calamity.

12. Last, it is to be feared that Ministers in secret are negligent to
wrestle in Prayer, for a blessing to be poured out upon their labours,
contenting themselves with their publike performances.

  REMEDIES.

1. First, That Presbyteries make great conscience to have all vacant
places within their several bounds filled with godly and able men,
where-ever they be to be found: and that under pretence of being a
helper, or second to another, none be taken in, but such as are able
for the same charge.

2. Whereas it is known, that private tryall in Presbyteries are for the
most part perfunctorious, the Brethren are hereby exhorted to be more
serious, and faithfull heerein, as they will be answerable to Christ,
the Chief Shepherd: and in a way previous thereto, that Brethren be
free, in loving admonition one of another secretly, from time to time;
and that whosoever keeps not the Presbyterie or Synod, after grave
admonitions may come under further censures.

3. That accuracie be used at visitation of Kirks, and that the Elders
one by one (the rest being removed) be called in, and examined upon
oath upon the Ministers behaviour in his calling and conversation.

4. That course be taken to divide Congregations in parts, and by the
help not only of Elders in their several parts, but of neighbors also,
the evils, and neglects of persons and families, may be found out and
remedied.

5. That every Minister be humbled for his former failings, and make his
peace with God, that the more effectually he may preach repentance, and
may stand in the gap, to turne away the Lords wrath: runing between the
Porch and the Altar, sighing and crying for all the abominations of the
land.

6. Speciall care would be had, that all Ministers have their
conversation in heaven, mainly minding the things of God, and
exercising faith for drawing life out of Jesus Christ the fountain of
life, arming themselves thereby with power against the contagion and
wickednesse of the world.

7. Care would be had of godly conference in Presbyteries, even in time
of their refreshment, and the Moderator is to look to it, that good
matter be furnished thereto.

8. It is also very necessary for every Minister that would be fruitfull
in the work of the Lord, to bring home the Word of God to his own heart
and conscience, by Prayer and Meditation, both before and after the
publike ordinance.

9. Use would be made of the roll of the Parish, not onely for
examination, but also for considering the several conditions and
dispositions of the people, that accordingly they may be admonished,
and particularly prayed for by the Ministers in secret.

10. It is very expedient that Ministers have more communion among
themselves for their mutuall stirring up, and strengthning of
their hands in the Lords work, and rectifying of these who are not
incorrigible.

11. That Ministers in all sorts of companie labour to bee fruitfull,
as the Salt of the earth, seasoning them they meet with, not only
forbearing to drink healths (Satans snare, leading to excesse) but
reproving it in others.

12. All Ministers would be carefull to cherish the smoaking flax of
weak beginnings in the wayes of God, and ought couragiously to oppose
all mockers and revilers of the godly.

13. As at all times, so specially now when the Lord is calling us all
to an account; it becomes the Ministers of Christ, with all diligence
and faithfullnesse, to improve their Ministerie to the utmost, to be
instant in season and out of season; yea, even frugally to imploy their
time in private, in reading of, and meditating on Scripture, that the
Word of God may dwell plentifullie in them.

14. That the providing the Armies with Ministers be preferred to any
congregation, and these who are appointed to attend the same, and are
deficient, be without delay severalie censured according to the Act of
the Generall Assembly; And that all Ministers not only in publike, pray
for our Armies, specially these that are to encounter with the bloody
enemie within the land, but also continually bear them up before the
Lord, that their lives being reformed, their hearts and hands may be
strengthned, and their undertaking at last blessed of GOD with successe.

15. That beside all other scandals, silence or ambiguous speaking in
the publike cause, much more detracting and disaffected speaches be
seasonablie censured: and to this effect, all honest hearted Brethren
would firmlie unite themselves in the Lord, the younger honouring the
elder, and the elder not despising the younger.

16. And finallie, both for the corruption of the Ministerie and
remedies thereof, we refer the brethren to the Act of the Generall
Assemblie at Edinburgh, 1596, revived in the late Assemblie at Glasgow,
1638, to bee found in the printed Act concerning the same.

  The Generall Assembly Ordains the Enormities above specified to be
  tryed and restrained, and that the Remedies thereof for that purpose
  be seriously observed and practised: Recommending especially to
  Presbyteries and Provinciall Assemblies, that use be made of the same
  in visitation of Kirks and tryall of Presbyteries.


_Approbation of the proceedings of the preceding Assembly._

The Generall Assembly having heard the report of the Committee
appointed to consider and examine the proceedings of the Commissioners
of the late Generall Assembly holden at Edinburgh in the yeer 1646.
And after serious consideration thereof, finding that the whole Acts,
Proceedings, and Conclusions of the saids Commissioners, contained
in the Register subscribed by M. Andrew Ker their Clerk, and by
M. Robert Ramsay Moderator to the said Committee, do declare much
Wisdom, Diligence, Vigilancie, and commendable Zeal; And that the
said Commissioners have orderly and formally proceeded in everything,
according to their Commission: Do therefore ratifie and approve the
said whole Acts, Proceedings, and Conclusions of the Commissioners of
the said Assembly.


15 Junii, 1646. Post Meridiem. Sess. XI.

_Act for joyning of the Presbyteries in Orkney and Zetland to the
Provincial of Cathnes._

The Generall Assembly, considering that the Presbyterie of Kirkwall
in Orknay and the Presbyterie of Scalloway in Zetland have never met
in any Provincial Assembly, wherethrough great abuses and disorders
are there committed, Therefore the Assembly hereby joyns the said two
Presbyteries to the Provinciall of Cathnes and Sutherland, And Appoints
all the Ministers and Elders of the said Presbyteries hereafter, to
meet at the said Provinciall Assembly, and to have place to reason and
vote therein as members of the said Provinciall. And, sicklike ordains
the saids two Presbyteries to be of subordinate Jurisdiction to the
said Provinciall Assembly; Declaring hereby, that the said Provinciall
shall consist of the Presbyteries of Cathnes, Sutherland, Orknay, and
Zetland in all time coming. And appoints them to meet onely once in the
yeer, in respect of their great distance and interjection of seas; And
that the first meeting be at Thurso in Cathnes upon the third Tuesday
of August next, and thereafter as shall be appointed by the said
Provinciall Assembly.


17 Junii, 1646. Post Meridiem. Sess. XIIII.

_Act concerning Expectants Preaching in publike._

The Generall Assembly discharges any person to preach in publike under
the name and notion of an Expectant, or under any other pretence
whatsoever, except such as shall be tryed and found qualified according
to the Acts of the Generall Assembly; Recommending to Presbyteries
and Provincialls to take special notice thereof, and to censure the
transgressors accordingly.


_Act for censuring the complyers with the publike enemies of this Kirk
and Kingdom._

The Generall Assembly taking to their serious consideration the great
and scandalous provocation and grievous defection from the publike
Cause, which some have beene guiltie of, by complying with the Rebels
the publike enemies of this Kirk and Kingdom: And judging it a dutie
incumbent to them to bring such notorious offenders to publike
satisfaction, that the wrath of God may be averted, and the publike
scandall removed; Do therefore Require, Decern, and Ordain, that
such as after lawfull tryall shall be found to have been in actuall
Rebellion and to have carried charge with the Rebels, To have accepted
Commissions for raising Horse or Foot unto them, To have been seducers
of others to joyn in that Rebellion, To be the Penners or contrivers
of James Grahames Proclamation for indicting a pretended Parliament,
or of any other his Proclamations or Declarations, To have beene prime
Instruments in causing publish the said Proclamations and Declarations;
That all and every one of such offenders shall humbly acknowledge
their offence upon their knees, first before the Presbyterie, and
thereafter before the Congregation upon a Sabbath, in some place before
the Pulpit; And in the mean time that they be suspended from the Lords
Supper: And in case they do not satisfie in manner foresaid, that
they be processed with Excommunication. And likewise Ordains, that
such as shall be found to have procured Protections from the Rebels,
To have execute their orders, To have invited them to their houses,
To have given them intelligence, To have drank James Grahames health,
or to be guilty of any other such grosse degrees of complyance, shall
acknowledge their offences publikely before the Congregation, and
be suspended from the Communion ay and while they doe the same. And
further Decernes and Ordains, that all persons in any Ecclesiastick
office guilty of any degrees of complyance before mentioned, shall be
suspended from their office and all exercise thereof, for such time
as the quality of the offence and condition of the offenders shall be
found to deserve; And the Assembly hereby declares, that Presbyteries
have a latitude and liberty to agreadge the censures above specified,
according to the degrees and circumstances of the offences; And gives
in like manner the same latitude and liberty to the Commissioners of
this Assembly for publike affairs, who have also power to try and
censure the offenders in manner above exprest, and to take account of
the diligence of Presbyteries thereintill.


_Act concerning Iames Grahams Proclamation._

The Generall Assembly having considered a copie of a Proclamation
published by order of that excommunicat Traitor James Graham, for
indicting of a pretended Parliament, and finding the same to be full
of blasphemies against the Solemn League and Covenant of the three
Kingdoms, and of vile aspersions of Treason, Rebellion, and Sedition,
most falsly and impudently imputed to the Estates, and most faithfull
and loyall Subjects of this Kingdome: Doe therfore declare, That such
as have bin prime Instruments of the publishing of that or the like
Proclamation and Declaration, deserve the highest censures of the Kirk,
unlesse they make humble confession of their offence publikely, in such
manner as is prescribed by this Assembly; And humbly Recommends to the
Committee of Estates to take some course for their exemplary civill
punishment, and that some publike note of ignominie be put upon that
Proclamation as their Honors shall think meet.


18 Junii, 1646. Ante Meridiem. Sess. Ult.

_Act against loosing of Ships and Barks upon the Lords Day._

The Generall Assembly understanding how much the Lords day is profaned
by Skippers and other Seafaring men, Do therefore discharge and
inhibite all Skippers and Sailers to begin any voyage on the Lords day,
or to loose any Ships, Barks or Boats out of Harbery or Road upon that
day, And who shall doe in the contrary hereof, shall be censured as
profaners of the Sabbath: Recommending to Presbyteries and others whom
it may concerne to see both the Acts of Assembly and Parliament made
for censuring and punishing profanation of the Lords day, to be put in
execution against them.


_Act anent Children sent without the Kingdom._

Whereas divers Children have been sent without the Kingdom to be
bred abroad, and have been or in time coming may be exposed to the
temptations of seducers, and drawn away from the Trueth established
and professed within this Church to errour of Poperie, or other Sects
and Heresies: Therefore the Assembly Ordains, that the Parents or
Friends of Children and Minors, shall before they send them without
the Kingdom, first acquaint the Presbytery where they reside, that
they may have their Testimoniall directed to the Presbytery or Classe
within the Kingdom of France, or England, or Ireland; and at the time
of these Childrens return from any of the saids Kingdoms, to report ane
Testimoniall from the Presbytery or Synode where they lived without the
Kingdom of their breeding there, and to shew the same to the Presbytery
within the Kingdom who gave them a Testimoniall at their way going.
Likeas the Assembly Ordains all Presbyteries to try if any Children
have been sent to Popish Schooles or Colledges without the Kingdom;
And if any be found, that their names be given to the Presbytery or
Commissioners of the Assembly, that the same may be presented to
the Honourable Lords of Secret Councell, or Committee of Estates,
that their Lordships may be humbly desired by their authority to
recall them, that after return to this Kingdom a course may be taken,
according to the former Ordinances of Generall Assemblies, for their
breeding in the true Religion.


_Overtures presented to the Assembly._

I. That correspondence be keeped among Presbyteries constantly by
letter without prejudice of personall correspondence when need
requires, whereby one Presbyterie may understand what many are doing,
and they may be mutually assisting each to other.

II. That for the better breeding of young men to the Ministerie
who are not able to furnish themselves in charges to attend in the
Universities, that the Presbyteries where they reside appoint some to
direct their studies.

III. That it be recommended to all the Universities to condiscend upon
the best Overtures for the most profitable teaching of Grammar and
Phylosophy, and as they may meet at the Commission of the Generall
Assembly to make the matter ripe for the next Assembly.

  The Assembly approves these Overtures, and recommends accordingly.

IV. That to the intent the knowledge of God in Christ may be spread
through the Highlands and Islands (for in lack whereof the land hath
smarted in the late troubles) these courses be taken: 1. Let an order
be procured, that all Gentlemen who are able, at least send their
eldest sons to be bred in the Inland. 2. That a Ministerie be planted
amongst them, and for that effect that Ministers and expectants who
can speak the Irish language be sent to imploy their talents in these
parts, and that the Kirks there be provided as other Kirks in this
Kingdome. 3. That Scots Schools be erected in all Parishes there,
according to the Act of Parliament, where conveniently they can be had.
4. That Ministers and ruling Elders that have the Irish language be
appointed to visit these parts.

  The Assembly approves this Overture, and recommends this purpose to
  further consideration, that more Overtures may be prepared thereanent
  against the next Assembly.

V. That for keeping the Universities pure, and provoking the
Professors of Divinitie to greater diligence, each Professor in the
Universities of this Church and Kingdom, bring with him or send with
the Commissioner who comes to the General Assembly, ane perfit and well
written copie of his Dictates, to be revised by the Generall Assembly,
or such as they shall appoint for that work ilk year.

  The Assembly continues the determination of a constant and perpetuall
  order herein untill the next Assembly, but in the mean time desires
  the professors of Divinity to present to the next Assembly their
  Dictates of Divinity, wherof the professors present are to give
  intimation to the professors absent.

VI. The great burdens Intrants undergoes when they enter the Ministery,
which holds many of them long at under, would crave the Assemblies
judgement and authority, that Ministers Manses and Stipends may be all
made free to the Intrant.

  The Assembly refers and recommends to the Commissioners for publike
  affairs to seek redresse in this matter from the Honorable Estates of
  Parliament, and to consider of some fitting Overtures to be presented
  to their Honours for that effect.


_Renovation of the Commission for the publike affairs of the Kirk._

The Generall Assembly taking to their consideration that in respect the
great work of Uniformity in Religion in all his Majesties Dominions
is not yet perfited, (though by the Lords blessing there is a good
progresse made in the same) there is a necessity of renewing the
Commissions granted formerly for prosecuting and perfiting that
great work; Doe therefore renew the power and Commission granted for
the publike affairs of the Kirk by the Generall Assemblies held in
S. Andrews in the year 1642, and in Edinburgh 1643, 1644, and 1645,
unto the persons following, viz. Masters Alexander Henderson, Robert
Douglas, William Colvil, William Bennet, George Gillespie, John Oswald,
John Adamson, William Dalgleish, David Calderwood, James Fleeming,
Robert Ker, John Dalyell, James Wright, John Knox, Adam Penman, Robert
Lichtoun, Alexander Dickeson, Patrick Fleeming, John Hay, Richard
Dickeson, Thomas Vasse, David Drummond, Alexander Somervill, Robert
Eliot, Robert Blair, James Bruce, Robert Traile, Samuel Rutherfurd,
Alexander Colvill, Walter Greg, Alexander Balfour, George Thomson, John
Moncreiff, John Smith, Patrick Gillespie, John Duncan, James Sibbald,
Alexander Casse, John Hume, Alexander Kinneir, Walter Swintoun,
Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William
Jameson, Thomas Wilkie, John Knox, Robert Murray, John Freebairn,
Robert Wright, David Auchterlonie, William Maior, Samuel Austein,
John Leirmont, Andrew Lauder, James Irving, Alexander Turnbull, James
Bonar, William Adair, John Neve, Patrick Colvil, Matthew Birsbane,
John Hamiltoun, Allan Ferguson, Robert Ramsay, Geo. Young, David
Dickson, Robert Bailie, James Nasmith, John Lindsay, John Weir, Evan
Cameron, James Affleck, John Robison, Andrew Eliot, Silvester Lambie,
Laurence Skinner, William Rate, David Campbel, Andrew Cant, William
Douglas, David Lindsay, Gilbert Anderson, Alexander Garrioch, William
Jaffray, Thomas Law, William Campbell, Walter Stewart, _Ministers_; And
Archibald Marquesse of Argyle, John Earle of Crawfurd-Lindsay, William
Earle Marshall, William Earl of Glencairn, John Earle of Cassils,
Charles Earle of Dumfermling, James Earle of Tullibardine, Francis
Earle of Bacleugh, John Earle of Lauderdale, William Earle of Lothian,
William Earle of Lanerk, Archibald Lord Angus, John Lord Balmerino,
Robert Lord Burleigh, John Master of Yester, Sir Patrick Hepburn of
Waughtoun, Sir John Hope of Craighall, Sir Archibald Johnston of
Wariston, Sir David Hume of Wedderburn, Sir Robert Jnnes of that ilk,
Sir William Baily of Lamington, Sir John Muncreiffe of that ilk, James
Macdougal of Garthland, Patrick Cockburn of Clarkington, Sir Hugh
Campbel of Cesnock, Sir William Cunningham of Cunningham-head, John
Hume of Blackader, Sir James Dundas of Arniston, Alex. Forbes Tutor of
Pitsligo, M. Geo. Winrham of Libberton, David Weemes of Fingask, M.
Francis Hay of Balhousie, Alex. Brodie of that ilk, M. Alex. Colvil of
Blair, Geo. Dundas of Dudiston, William Moor of Glanderston, Sir James
Nicolson of Colbrandspaith, John Edgar of Wedderlie, William Hume of
Lenthill, James Ruchhead, Laurence Henderson, and James Stuart, Bailies
of Edinburgh, George Porterfield Provest of Glasgow, Wil. Hume there,
Ro. Arnot Provest of Perth, John Semple Provest of Dumbarton, John
Kennedie Provest of Air, M. David Weemes, Geo. Gardine, John Johnstoun,
Tho. Paterson, Tho. White, John Sleigh, _Elders_. Giving unto them
full power and Commission To do all and every thing for prosecuting,
advancing, perfecting, and bringing the said work of Uniformity in
Religion in all His Majesties Dominions to a happy conclusion, conform
to the former Commissions granted by preceding Assemblies thereanent.
And to that effect appoints them, or any seventeen of them, whereof
thirteen shall be Ministers, To meet at Edinburgh the 19 of this
Moneth, and thereafter upon the second Wednesdaies of August, November,
Februar, and May next to come, and upon any other day, and in any
other place they shall think meet. And further, renews to the persons
before named, the power contained in the Act of the said Assembly 1643,
Intituled, A reference to the Commission anent the persons designed
to repair to the Kingdom of England; As also the power contained in
two severall Acts of the said Assembly 1644, Sess. 6. made against
secret disaffecters of the Covenant and for sending Ministers to the
Armie, with full power to them to treat and determine in the matters
aforesaid, and in all other matters referred unto them by this
Assembly, as fully and freely as if the same were here particularly
expressed, and with as ample power as any Commission of former Generall
Assemblies hath had, or been in use of before; They being alwayes
for their whole proceedings comptable to, and censurable by the next
Generall Assembly.


_Renovation of the Commission for prosecuting the Treaty for Uniformity
in England._

The Generall Assembly, Taking to their consideration that the Treatie
of Uniformity in Religion in all His Majesties Dominions is not yet
perfected, Therefore Renews the power and Commission granted by
preceding Assemblies for prosecuting that Treatie, unto these persons
afternamed, viz, M. Alexander Henderson, M. Robert Douglas, M. Samuel
Rutherfurd, M. Robert Bailie, M. Geo. Gilespie, _Ministers_; And John
Earle of Lauderdale, John Lord Balmerino, and Sir Archibald Johnston
of Wariston, _Elders_; Authorizing them with full power to prosecute
the said Treatie of Uniformity with the Honourable Houses of the
Parliament of England, and the Reverend Assembly of Divines there, or
any Committees appointed by them: And to do all and every thing which
may advance, perfect, and bring that Treatie to an happy conclusion,
conform to the former Commissions given thereanent.


_The Assemblies Answer to the Kings Majestie._

MAY IT PLEASE YOUR MAJESTIE,

Having received your Majesties Letter with thankfulnesse, we thought it
our dutie to send some of our number to wait upon your Majestie, and
present our humble desires more particularly then at this time could be
expressed by writ; And we are confident your Majestie will interprete
our freedom and plain dealing by them, to be a reall testimonie of
our unfained affection, who have constantly laboured to approve our
selves in all fidelity to our Lord and Master Jesus Christ, and in
all loyaltie to your Majestie; And are resolved to walk still after
the same rule in our severall stations and vocations, continuing our
Prayers for you, that God may multiply all sorts of Mercies upon your
Royall Person and Posterity, and more and more incline your heart to
the speedie following of the Counsels of Trueth and Peace, and grant
unto your Majestie a long and happy Reign, that we may live under you a
peaceable and quiet life, in all godlinesse and honesty.

  _Subscribed in name of the Nationall Assembly of the Kirk of Scotland
  by the Moderator._

Edinburgh, 18 Junii, 1646.


  _The Assemblies Letter to the Right Honorable the Lords and Commons
  in the Parliament of England assembled at Westminster._

RIGHT HONOURABLE,

The report of the great things which the Lord hath done for your
Honours, hath gone forth into many Lands, and it becometh us least of
any either to smother or extenuate the same; We desire to be enlarged
in the admiration of the Power and Mercie of God the Author, and to
diminish nothing of that praise that is due unto you as instruments.
When the Lord set your Honours upon the Bench of Judgment, both the
Kirk and Common wealth of England were afflicted with intestine and
bosome evills, the cure whereof could not but be very difficult,
because they were not only many, but for the most part Universal
and deeply rooted, sheltred under the shadow of Custome and Law,
and supported with all the wisdom and strength of the Malignant
and Prelaticall partie; who rather chose to involve the Land in an
unnaturall and bloody Warre, then to fail of their ambitious and
treacherous designes, against Religion, the priviledges of Parliament,
and the Lawes and Liberties of the Kingdom: Neither hath that miserable
crew been wanting to their owne ends, but for many years together hath
desperately pursued their resolutions in Arms; And was likely to have
prevailed, if the Lord had not put himself in the breach, and furnished
you with much Patience, Wisdom, Courage, and Constancy, in the midst
of many difficulties and distresses; and at last with so glorious and
triumphing a successe, that the Enemy hath fallen every where before
you, and there is none left to appear against you. These things as they
be the matter of our refreshment and of your glory, so doe they lay a
strong obligation upon your Honours to walke humbly with your God, and
to improve the power he hath put into your hands for the advancement
of the Kingdom of his Son, and bringing forth of the head-Stone of his
House. The slow progresse of the work of God hath alwayes been the
matter of our sorrow, which is now increased by the multiplication
of the spirits of errour and delusion, that drowne many souls into
perdition, and so strengthen themselves, that they shall afterward
be laboured against with more pains then successe, if a speedy and
effectual remedie be not provided. And therefore as the servants of
the living God, who not onely send up our supplications daily for you,
but have hazard our selves in your defence, We do earnestly beseech
your Honors in the bowels of Jesus Christ, to give unto him the glory
that is due unto his Name, by a timous establishing all his Ordinances
in the full integritie and power thereof, according to the League and
Covenant. As long as the Assembly of Divines was in debate, and an
enemy in the fields, we conceived that these might be probable grounds
of delay, which being now removed out of the way, we do promise to our
selves from your Wisdom, Faithfulnesse, and Zeale, the perfiting of
that which was the main ground of our engagement, and a chief matter
of consolation unto us in all our sad and heavy sufferings, from the
hand of a most cruell Enemy. We know that there is a generation of men
who retard the work of Uniformity, and foment Jealousies betwixt the
Nations, studying if it were possible, to break our bands asunder; But
we trust, that he that sits in the Heavens will Laugh, and that the
Lord shall have them in derision, that he shall speak to them in his
wrath and vex them in his sore displeasure, and notwithstanding of all
that they can do, set his King upon his holy hill of Sion, and make
these Nations happy in the sweet fruits of Unity in Truth and Peace.
The searcher of hearts knows that we desire to hold fast the band of
our Covenant, as sacred and inviolable; being perswaded that the breach
of so solemne a tye could not but hasten down upon our heads a curse
and vengeance from the righteous Judge of the world, and involve these
Kingdoms in sader calamities than they have yet seen; And we abhor to
entertain any other thought of you: Nay we are confident that your
Honours will seriously indeavour the prosecution of all these ends
designed in the Covenant, and the bringing these Nations unto the
neerest conjunction both in judgement and affection, especially in
these things that concern Religion, which without all controversie, is
the readiest and surest way of attaining and securing the Peace and
Prosperity of both Kingdoms.

  _Subscribed in name of the Generall Assembly by the Moderator._

Edinburgh, 18 Junii, 1646.


  _The Assemblies Letter to the Right Honorable the Lord Major,
  Aldermen, and Common-Counsell of the City of London._

Your late and seasonable testimony given to the Truth of the Gospel,
and your affection to the Peace of the Kingdoms, manifested in your
humble Remonstrance and Petition to the Honorable Houses of Parliament,
hath so revived the remembrance of your former Faith and Zeal, and
proclaimed you the worthy seed of so noble ancestors in that famous
City, As we cannot but acknowledge with all thankfulnesse the grace
of God bestowed on you, and stirre you up to take notice, how since
you were precious in the Lords sight, you have been ever Honourable,
The Lord hath loved you, given men for you, and people for your life:
What an honour was it in the dayes of old, when the fire of the Lord
was in Zion, and his furnace in your Jerusalem (even in Queen Maries
dayes) that there were found in you men that loved not their lives unto
the death? What a glory in after times, when Satan had his Throne and
Antichrist his seat in the midst of you, that there were still found
not a few that kept their Garments clean? But the greatest praise of
the good hand of God upon you hath been in this, That amidst the many
mists of Errour and Heresie which have risen from the bottomlesse
pit, to be-spot the face and darken the glory of the Church, (while
the bride is a making ready for the Lamb) you have held the Trueth,
and most piously endeavoured the setling of Christ upon his Throne.
We need not remember how zealous you have been in the Cause of God,
nor how you have laid out your selves and estates in the maintenance
thereof, nor how many acknowledgements of the same you have had from
the Honourable Houses, nor how precious a remembrance will be had of
you in after ages for your selling of all to buy the Pearl of price:
We only at this time do admire, and in the inward of our hearts do
blesse the Lord for your right and deep apprehensions of the great and
important matters of Christ in his Royall Crown, and of the Kingdoms in
their Union, while the Lord maketh offers to bring our Ship (so much
afflicted and tossed with tempest) to the safe Harbour of Trueth and
Peace. Right memorable is your Zeal against Sects and Sectaries; your
care of Reformation, according to the word of God, and the example
of the best Reformed Churches; your earnest endeavours and noble
adventures, for preserving of the rights and priviledges of Parliament,
and Liberties of the Kingdomes, Together with his Majesties just power
and greatnesse; and your high profession, that it is not in the power
of any humane authority to discharge or absolve you from adhearing unto
that our (so solemnely sworn) League and Covenant, or to enforce upon
you any sense contrary to the letter of the same; Besides your other
good services done unto the Lord and to us, in the strengthening of the
hands of the reverend Assembly of Divines, and of our Commissioners
in their asserting of the government of Christ (which the more it be
tried will be ever found the more precious Truth) and vindicating of
the same from the usurpation of man, and contempt of the wicked. These
all as they are so many testimonies of your Pietie, Loyaltie, and
undaunted resolution to stand for Christ; So are they and shall ever
be so many obligations upon us your Brethren, to esteem highly of you
in the Lord, to bear you on our brests before him night and day, and
to contribute our best endeavours, and to improve all opportunities
for your encouragement. And now we beseech you in the Lord, Honorable
and welbeloved, go on in this your strength, and in the power of
his might who hath honoured you to be faithfull, stand fast in that
liberty wherewith Christ hath made you free; And in the pursuance of
this truth, we are confident, as you have so you will never cease to
study the Peace and neerer conjunction of the Kingdoms, knowing that a
threefold cord is not easily broken. Now the Lord Jesus Christ himself,
and God even our Father, which hath loved and honoured you, and given
you everlasting consolation, and good help through grace, comfort your
hearts, and stablish you in every good word and work.

  _Subscribed in name of the Generall Assembly by the Moderator._

Edinburgh, 18 Junii, 1646.


  _The Assemblies Letter to the right Reverend the Assembly of Divines
  in the Kirk of England assembled at Westminster._

MUCH HONOURED AND RIGHT REVEREND,

Amongst other fruits of this our precious liberty, after such
dissipation by Sword and Pestilence, to meet again, we account it not
the least to have the opportunity of making a publike Declaration
of our earnest affection to all our brethren of that Nation, and
especially your selves of the Reverend Assembly at Westminster. When we
were lately in a very low condition, we may say that our own sufferings
and fears, although imbittered with the sense of the Lords displeasure
against our lukewarmnesse and unfaithfulnesse; yet they did not so take
up our heart, but that room was left to congratulate with the Lords
people there in all their successes, and to condole with them in all
their dangers; And if at any time any here seemed to be more jealous
then godly jealousie would allow, we know not how it can be imputed
to any thing else, but to the vehemencie of ardent affection, and
impatient desire to have our brethren there and us joyned neerer to
Christ, and neerer to one another in all his Ordinances; and especially
in Presbyteriall Government, so well warranted by the Word, and
approven by experience of our owne and other reformed Churches; Wherein
your long and unwearied endeavours have been blessed with a large
increase, which yet hath proved still a seed unto a further and more
glorious expected harvest. There could not be wished by mortall men a
fairer opportunity than is cast in your laps; being invited and charged
by so high an authority, to give so free and publike a testimony to
those truths, which formerly many of the Lords precious ones by tongue
and pen, by tears and blood have more privately asserted; The smallest
of Christs truths (if it be lawfull to call any of them small) is of
greater moment, then all the other businesses that ever have been
debated since the beginning of the world to this day; But the highest
of honours and heaviest of burdens is put upon you, to declare out of
the sacred records of Divine Truth, what is the prerogative of the
Crown and extent of the Scepter of Jesus Christ, what bounds are to be
set between Him ruling in his House, and powers established by God on
Earth, how and by whom his House is to be governed, and by what wayes
a restraint is to be put on these who would pervert his Truth, and
subvert the faith of many. No doubt mountains of oppositions arise, and
goolfs of difficulties open up themselves in this your way; But you
have found it is God that girdeth you with strength and maketh your way
perfect and plain before you, who hath delivered, and doth deliver, and
will yet deliver. We need not put you in minde that as there lyeth at
this time a strict tye on all, so in a speciall manner both you and we
are ingaged to interpose our selves between God and these Kingdomes,
between the two Nations, between the King and the People, for averting
of deserved wrath, for continuing and increasing of a well grounded
Union, for procuring as far as in us lyeth a right settling of Religion
and Church-Government; That when we shall sleep with our fathers, the
Posterity here and abroad may be reaping the fruits of our labours.

We are fully assured of your constant and sedulous promoving of this
blessed Work, and of the Lords assisting and carrying you on therein:
And are confident that your late experience and present sense of the
great danger and fearfull confusion flowing from the rise and grouth
and Sects and Sectaries not suppressed, hath stirred up in your hearts
most fervent desires, and carefull endeavours for remedying the same,
wherein we exhort you to continue and abound; knowing that your labours
shall not be in vain in the Lord, to whose rich grace we commend you,
and the work in your hands.

  _Subscribed in name of the Generall Assembly by the Moderator._

Edinburgh, 18 Junii, 1646.


_Recommendation to Presbyteries and Provinciall Assemblies._

1. The Assembly recommends to severall Presbyteries and Provinciall
Assemblies, to consider the interests of particular congregations, in
the calling and admission of Ministers, with all these questions that
usually fall out upon that occasion; And to report their opinions to
the next Assembly, with some fit Overtures for preventing all contests
in that matter.

2. The Assembly recommends to Presbyteries and Provinciall Assemblies
to consider all the matters referred by preceding Assemblies to the
consideration of Presbyteries, And to report their opinions therein to
the next Assembly.


_Act for a publike Fast before the next Assembly._

The Assembly having considered an Act of the Assembly 1644, Sess. Ult.
enjoyning a publike Fast to be keeped in all the Kirks of the City
where the General Assembly holds upon the first day of the meeting of
the Assembly; And finding some inconveniencies therein, Therefore at
this time untill the matter be further considered, Appoints a publike
Fast and Humiliation for the Lords blessing to the meeting of the next
Assembly, to be universally observed in all the congregations of this
Kirk upon the Sabbath next except one preceding the said next Assembly;
The exercises for the members of the Assembly at their first meeting,
Being still observed according to the ancient and laudable practise of
this Kirk, This appointment notwithstanding.

       *       *       *       *       *

The Assembly appoints the meeting of the next Generall Assembly to be
at Edinburgh upon the first Wednesday of August 1647.


INDEX _of the_ ACTS _of the_ GENERALL ASSEMBLY _not Printed_, 1646.

1.—Election of M. Robert Blair, Moderator. _Sess._ 1.

2.—Committee for tryal of the Commissions questioned. _Sess._ 2.

3.—Committee for References, Reports, and Appeals. _Ib._

4.—Committee for Bills and Overtures. _Ib._

5.—Committee for examining the proceedings of the Commissioners of the
preceding Assembly. _Ib._

6.—Committee for revising the Provinciall Books. _Ib._

7.—Commission from Ireland for representing the condition of the Kirk
there. _Ib._

8.—Letters from the Committee at Newcastle, the Generall, and the
Commissioners at London. _Ib._

9.—Ref. concerning the printed Papers sent from the Commissioners at
London to the Commis. Assem. _Ib._

10.—Thanks to M. David Calderwood, with a recommendation to him
concerning the History of the Kirk. _Ib._

11.—Act concerning the charitable contribution for the distressed
Brethren in Argyle. _Ib._

12.—Order for re-printing the Answer of the House of Lords to the City
of Londons Remonstrance. _Ib._

13.—Ref. to the Commis. Assem. concerning absents from this Assembly.
_Sess._ 3.

14.—Report concerning the Kirks of Levingston and Slamanna approven.
_Ib._

15.—Recom. sent by Will. Hume to the Earle of Winton, concerning the
Lord Sempils education. _Sess._ 4.

16.—Recom. to the Province of Merce and Teviotdale, for abolishing
Festival and Patron dayes in these bounds, and to report their
diligence to the next Assembly. _Ib._

17.—Committee for the Querees from the Province of Merce. _Ib._

18.—Com. for the Petitions from Ireland. _Ib._

19.—Recom. for M. Alex. Case. _Ib._

20.—Committee to confer with M. Iames Kennedie. _Ib._

21.—Ref. to the Commis. Assem. for planting the South Kirk of Leith.
_Ib._

22.—Recom. concerning the Spittle Lands of Garvock to the Commission of
Parliament for plantation of Kirks. _Ib._

23.—Act for the supply of Margaret Rind, relict of M. Robert Lindsay
Minister at Couper in Angus, murdered by the Rebels. _Ib._

24.—Ref. of the Petition from Doun and Antrim in Ireland, to the
Commis. of Assem. _Sess._ 5.

25.—Committee for the Petition of Robert Brysons relict. _Ib._

26.—Act for delating the Queeres of Merce and Teviotdale out of the
Provinciall Book. _Ib._

27.—Act concerning the Presb. of Kirkwall, and M. Ia. Morison their
rebuke, with the reposition of the said M. Iames. _Ib._

28.—Report from the Earle of Winton, concerning the Lord Sempils
education in Glasgow. _Ib._

29.—Letters from the Commissioners at London, with a Committee to
consider the same. _Sess._ 6.

30.—Ref. to that same Committee concerning Delinquents. _Ib._

31.—Concerning the relict of M. Rob. Lindsay. _Ib._

32.—Remit. concerning Michael Watson, Agnes Ritchie and Isabel Adam, to
the Presb. of Glasgow. _Ib._

33.—Recom. Iames Banerman to the Magistrate. _Ib._

34.—Recom. M. Robert Boyd for some supply to the Presb. of Hamiltoun.
_Ib._

35.—Ratif. of the Act made concerning the Printing M. Boyde of
Trochrigs Book, in favours of the relict and successours of Robert
Bryson Printer. _Ib._

36.—Committee for the matter concerning the Kirk of Glenluce. _Ib._

37.—Recom. for Ministers to imploy their talents in writing. _Ib._

38.—Act for M. Iohn Hay at Peebles going to the Mr. of Yesters
Regiment. _Sess._ 7.

39.—Recom. for conveening the Commis. of Parl. for plantation of Kirks,
and concerning the disorders in the Borders, to the Committee of
Estates. _Ib._

40.—Recom. Glencorce, Tweedmoore, Kailzie, and Bath, to Commis. for
planting Kirks. _Ib._

41.—Report of the answer of the Committee of Estates, to the
particulars recommended to them. _Ib._

42.—Committee to consult upon the remedies of the disorders in the
south borders. _Ib._

43.—Ordinance for Claude Hamiltouns relaxation. _Ib._

44.—Ref. M. Peter Inglis and his Tenets to the Commis. Assem. for
publike affairs. _Ib._

45.—Ref. concerning idle and sturdy beggars, especially these
called Gipsies, concerning concealers and destroyers of conception,
adulterers, and incestuous persons to Commis. Assem. for presenting
Overtures thereanent to Parl. _Ib._

46.—Recom. Arch. Douglas and Margaret Smith for charity. _Ib._

47.—Thanks to the Earle of Bacleugh. _Sess._ 8.

48.—Committee concerning the Earle of Seafort. _Ib._

49.—Recom. concerning the present election of the Magistrates and
Counsell of Aberdeen to the Com. of Estates. _Ib._

50.—Ref. concerning the transportation of M. Rob. Ker to Hadington to
the Presbytery and others adjoyned. _Ib._

51.—Ref. concerning the Kirk of Gordoun to the Commis. of Assem. _Ib._

52.—Warrant for examination of M. Iames Daes as a Witnesse in the
matter concerning the Kirk of Gordoun. _Ib._

53.—Recom. Fothringhame Bigamist to the Justice. _Ib._

54.—Commis. for visitation of the Universitie of S. Andrews. _Sess._ 9.

55.—Commis. for visitation of the Universitie of Glasgow. _Ib._

56.—Commis. for visitation of the Universitie of Aberdeen. _Ib._

57.—Committee for conference with M. Iames Kennedie excommunicate. _Ib._

58.—Recom. M. Iohn Maccorne. _Ib._

59.—Ref. concerning Ministers to Ireland to the Commis. Assem. _Ib._

60.—Ref. concerning the Petitions of Londondary, Newtoun, and
Killeleauch, to the Commis. Assem. _Ib._

61.—Recom. M. Iohn Cunneson and M. Thomas Ireland. _Ib._

62.—Warrant for citing witnesses in the particulars of the Paper given
in by Halyburton. _Ib._

63.—Continuation of Sir Iohn Mackenzie. _Ib._

64.—Recom. Eliz. Borthwick. _Ib._

65.—Committee concerning Iames Murrays bussinesse. _Sess._ 10.

66.—Renunciation Sir Iohn Mackenzie of Seaforts Band. _Ib._

67—Recom. to Presbyteries that they admit not expectants to be actuall
Ministers to Regiments. _Ib._

68.—Ref. to Commiss. concerning M. Francis Comeray. _Ib._

69.—Committee for conference with the Committee of Estates upon the
answer to the Commissioners at London.

70.—Recom. concerning M. Alex. Petrie. _Ib._

71.—Ref. M. Iames Lang to the Commission for publike affairs. _Ib._

72.—Ref. concerning Rouse’s Paraphrase of the Psalmes to the Commiss.
_Ib._

73.—Recom. to M. David Calderwood to consider the order of the
visitation of Kirks and tryall of Presbyteries, and to report to the
next Assem. _Ib._

74.—Act for M. Thomas Wylles removing to Mauchlen conform to the Act of
transportation. _Ib._

75.—Recom. to Presb. Linlithgow concerning the planting of Lithgow and
Falkirk. _Ib._

76.—Recom. for intimation of Seaforts excommunication. _Sess._ 11.

77.—Letter from the Commissioners at London, _9 Iunii_. _Ib._

78.—The Assemb. answer to the Commissioners at London. _Ib._

79.—Act concerning the Lord Scottistarbits deliverie of the authentick
Confession of Faith, subscribed by King Iames and his houshold, with an
order for thanks to him therefore. _Ib._

80.—Town of Edinburghs Bill for three Ministers laid aside. _Ib._

81.—Ref. concerning Aberchirdor and Innerkethine to the Commiss. for
visitation of the University of Aberdeen. _Ib._

82.—Recom. Margery Fraiser, relict of M. D. Houston to the Committee of
losses. _Ib._

83.—Recom. M. Alexander Forrester. _Ib._

84.—Recom. Margaret Campbell to the Committee of Estates. _Ib._

85.—Recom. Agnes Halyburton to the Presb. of Mers and Teviotdale. _Ib._

86.—Acts concerning Ia. Murray. _Ib._

87.—Ref. to the Commiss. Ass. to consider the interests of the Kirk in
planting Universities and the chief Masters thereof. _Ib._

88.—Recom. concerning the publike passages of thir times, to be
collected in severall Presbiteries, and sent to the Com. Assem. _Ib._

89.—Recom. Iean Alexander to the Presbit. of Edinburgh, and the
Presbyteries in Angus and Merns. _Ib._

90.—Recom. Sir William Dick to the Committee of Estates. _Ib._

91.—Order for M. Alexander Levingston to the Generall Artilleries
Regiment. _Ib._

92.—Recom. M. Tho. Crawfoord to revise M. Robert Boyds Works. _Ib._

93.—Recom. to Presb. to put in execution the former Acts concerning
Bursars, and to make account of their diligence to the next Assem. _Ib._

94.—Admonition Presb. Hamiltoun for proceeding against Alexander Taes.
_Ib._

95.—Relaxation of M. Iohn Hay from the sentence of suspension. _Ib._

96.—Committee to represent the Bill concerning the insolencies in the
Borders, to the Councell and Committee. _Sess._ 12.

97.—Recom. Ministers of Argyle to the Committees. _Ib._

98.—Commiss. concerning the particulars betwixt Iohn Wilkie of Souldoum
and M. Thomas Ramsay, Minister there. _Ib._

99.—Advice concerning the division of Basinden. _Ib._

100.—Committee to urge an answer to the desires of the Assem.
concerning the election of the Magistrates of Aberdeen. _Ib._

101.—Ref. to the Commiss. of Assem. to insist upon all occasions for an
answer thereunto. _Ib._

102.—Ref. to the said Commission of Assem. for planting vaking places
in the Kirk and Colledge of Aberdeen. _Ib._

103.—Letters to the Committee of Newcastle, the Generall,
Lievt.-General Lesly, and Generall Major Middleton. _Sess._ 13.

104.—Ref. M. Edward Wright to the Commiss. of Assem. _Ib._

105.—Renovation of the Commission of Orknay and Zetland. _Ib._

106.—Ref. concerning Witches to Com. Ass. _Ib._

107.—Recom. of the Printer in Amsterdam his Bill concerning the charts
of this Kingdom. _Ib._

108.—Suspension M. William Wilkie with a reference to the Commis. of
Assem. concerning his relaxation. _Sess._ 14.

109.—Ref. Commis. Assem. concerning Doctor Balcanquals Letters. _Ib._

110.—Ref. of the Petitions of the Earle of Traquair and Drumfreis to
the Commis. Assem. _Ib._

111.—Act in favours of Barbara Mein, relict of umwhile M. Will. Home
Minister. _Ib._

112.—Order for a Minister to Col. Rob. Montgomeries Regiment. _Ib._

113.—Ref. Sir Iohn Smith to Commis. Assem. for publike affairs. _Ib._

114.—Ref. of the Petition of the Town of Edinburgh for two Ministers to
the Commis. Assem. _Ib._

115.—Report of the Committee concerning the Kirk of Glenluce, and the
Assem. approbation thereof. _Ib._

116.—Act concerning such as are absolved by civill Judicatories. _Ib._

117.—Declaration concerning an Act in the Provinciall Book of Aberdeen,
touching M. Nathaniel Martin. _Sess. ult._

118.—Recom. of the vaking stipends of Aberdeen, in favours of M.
Nathaniel Martin. _Ib._

119.—Recom. concerning the mortifications by the Laird of Drum to the
Commis. for visitation of the Universitie of Aberdeen. _Ib._

120.—Act concerning the distribution of the contribution for the
distressed Ministers in Argyle, M. Thomas Ireland, and M. Iohn
Cunneson. _Ib._

121.—Report of the Committee concerning the insolencies in the Borders.
_Ib._

122.—Ref. Commis. concerning the planting the Kirks of Perth. _Ib._

123.—Ref. concerning the correspondence with the Protestants in Holland
and elsewhere. _Ib._

124—Ref. concerning the recom. of M. Eliezer Gilbert to a Regiment.
_Ib._

125.—Recom. of M. Gawin Forsythe for maintenance, to the Presb. of
Glasgow and Province of Glasgow and Air. _Ib._

126.—Recom. of that part without the Town of Edinburgh called Bristo to
Lothian and Teviotdale. _Ib._

127.—Three Acts concerning D. Strang. _Ib._

128.—Act ratifying M. Alex. Innes his deposition, with an Ordinance to
the Presb. of Aberdeen to proceed further against him. _Ib._

129.—Committee for presenting the Assemblies thanks to the Generall
Artillery. _Ib._

130.—- Ref. to the Commis. Assem. for trying of the murther committed
within the Presbyterie of Chirnsyde, and the Presbyteries carriage
thereanent. _Ib._

131.—Ref. M. Alex. Robertson, and M. Iohn Chene, to the Commis. for
visitation of the University of Aberdeen. _Ib._

132.—Ordinance for Presb. of Hamiltoun to proceed against M. Iohn Rae.
_Ib._

133.—Recom. for laying aside some old customes and practises. _Ib._

134.—Indiction of a Fast. _Ib._

135.—Recom. M. Dougall Daroch to the Committee of Estates and the
Committee of money. _Ib._

136.—Ref. to the Commiss. of Assem. concerning the tryall of persons of
quality members of the Colledge of Justice, or others who have their
residence in Edinburgh for their complyance with the Rebells. _Ib._

137.—Commission for these that are to repair to the King, _Ib._

138.—The Assemblies Letter to M. Alexander Henderson. _Ib._

139.—Letter to the Earle of Sutherland and other Gentlemen in the
North. _Ib._

140.—Ref. Commiss. for dispensing the annuity of 500l. Sterling upon
publike affairs of the Kirk. _Ib._

141.—Act to provide for the charges and all necessaries for M. David
Calderwood in his publike imployments; And likewise for the great pains
and charges of the Clerk. _Ib._

142.—Act concerning M. Ia. Strachan. _Ib._

143.—Ref. to the Commission to consider of Overtures for restraining
any youths to go to the Colledge of Doway or other corrupt Colledges.
_Ib._

144.—Ref. to the Commis. for presenting Overtures to the Parliament.
_Ib._




=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1646.


1. _Excerpts from Principal Baillie’s Account of the Westminster
Assembly, continued from page 439._

_A Publick Letter. January 20, 1646._

The hearts of the divines here who are wise, of the assembly, city, and
elsewhere, are set only on the point of government. We are going on in
the assembly with the Confession, and could, if need were, shortly end
it. We are preparing for the Catechism; but we think all is for little
purpose till the government be set up. The assembly has delivered their
full sense of all its parts to the parliament half a year ago. The
Independent party, albeit their number in the parliament be very small,
yet being prime men, active and diligent, and making it their great
work to retard all till they be first secured of a toleration of their
separate congregations; and the body of the lawyers, who are another
strong party in the House, believing all church-government to be a
part of the civil and parliamentary power, which nature and scripture
has placed in them, and to be derived from them to the ministers only
so far as they think expedient; a third party of worldly profane men,
who are extremely affrighted to come under the yoke of ecclesiastick
discipline; these three kinds making up two parts at least of the
parliament, there is no hopes that ever they will settle the government
according to our mind, if they were left to themselves.

The assembly has plied them with petition upon petition, the city also,
both ministers and magistrates; but all in vain. They know that schisms
and heresies daily increase in all the corners of the land for want of
discipline; yet the most of them care for none of these things. Had our
army been but one 15,000 men in England, our advice would have been
followed quickly in all things; but our lamentable posture at home,
and our weakness here, make our desires contemptible. Had the King
been of any considerable strength, fear would have made them careful
to do duty; but their great success, the King’s extreme weakness, and
our miseries, make them follow their own natural humours, to the grief
of sundry gracious men of their own number. In this case our last
refuge is to God, and under him to the city. We have gotten it, thanks
to God, to this point, that the mayor, aldermen, common council, and
most of the considerable men, are grieved for the increase of sects
and heresies, and want of government. They have, yesterday, had a
publick fast for it, and renewed solemnly their covenant by oath and
subscription; and this day have given in a strong petition for settling
of church-government, and suppressing of all sects, without any
toleration. No doubt, if they be constant, they will obtain all their
desires; for all know here that the parliament cannot subsist without
London: so whatsoever they desire in earnest, and constantly, it must
be granted. Wherefore, albeit they gave them a baffling answer to their
former petition a month ago; yet considering the address of this in all
its progress, they have thanked them for it, and promised a good answer
speedily. The Independents, and all sects, are wakened much upon it,
and all will stir; which way we do not know yet.

       *       *       *       *       *

Upon the city’s petition for government, the House of Commons have
gone on to vote a committee in every shire to cognosce on sundry
ecclesiastick causes, which will spoil all our church-government.
This night our subcommittee has voted so much toleration for the
Independents, that if to-morrow the grand committee pass it, as it is
too like to do, this church, by law, will be given over to confusion,
notwithstanding all we can do to the contrary. But that which vexes us
most of all, is a report that is whispered, of the King’s purpose to go
to our army.

       *       *       *       *       *


_To Scotland. To Mr David Dickson. March 17, 1646._

In the assembly we are fallen on a fashious proposition, that has kept
us divers days, and will do so divers more, coming upon the article of
the church and the church-notes to oppose the Erastian heresy, which
in this land is very strong, especially among the lawyers, unhappy
members of this parliament. We find it necessary to say, “That Christ
in the New Testament had institute a church-government distinct from
the civil, to be exercised by the officers of the church, without
commission from the magistrate.” None in the assembly has any doubt
of this truth but one Colman, a professed Erastian; a man reasonably
learned, but stupid and inconsiderate, half a pleasant, and of small
estimation. But the lawyers in the parliament, making it their work
to spoil our presbytery, not so much upon conscience, as upon fear
that the presbytery spoil their market, and take up the most of the
country-pleas without law, did blow up the poor man with much vanity;
so he is become their champion, to bring out, in the best way he can,
Erastian arguments against the proposition, for the contentment of the
parliament. We give him a free and fair hearing; albeit we fear, when
we have answered all he can bring, and have confirmed with undeniable
proofs our position, the Houses, when it comes to them, shall scrape
it out of the Confession; for this point is their idol. The most of
them are incredibly zealous for it. The Pope and King were never more
earnest for the headship of the church than the plurality of this
parliament. However they are like for a time by violence to carry it,
yet almost all the ministry are zealous for the prerogative of Christ
against them. We are at this instant yoked in a great and dangerous
combat for this very thing. We have been often on the brink to set up
our government; but Satan to this day hindered us. The ministers and
elders are not willing to set up and begin any action, till they may
have a law for some power to purpose; all former ordinances have been
so intolerably defective, that they could not be accepted. The Erastian
and Independent party joining together in the Houses to keep off the
government so long as they were able, and when it was extorted, to make
it so lame and corrupt as they were able; yet at last yesterday an
ordinance came forth to supply the defects of all the former, that so,
without further delay, we might go to work.

       *       *       *       *       *

The Independents have the least zeal to the truth of God of any men
we know. Blasphemous heresies are now spread here more than ever in
any part of the world; yet they are not only silent, but are patrons
and pleaders for liberty almost to them all. We and they have spent
many sheets of paper upon the toleration of their separate churches.
At the last meeting we concluded to stop our paper-debates, and on
Thursday next to begin our verbal disputation against the lawfulness of
their desired separation. When we have ended, the Houses will begin to
consider this matter. The most there, and in the army, will be for too
great a liberty; but the assembly, the city, and the body of all the
ministry in the kingdom, are passionately opposite to such an evident
breach of our covenant.

       *       *       *       *       *


_A Postscript. March 31, 1836._

For the time our Commissioners can think on no private thing; for
every day they attend, five or six hours together, a solemn debate,
with a number of the chief of both Houses of parliament, about the
propositions of peace to be sent to the King. A little time will
shew much. We are in great doubts. The leaders of the people seem
to be inclined to have no shadow of a king; to have liberty for all
religions; to have but a lame Erastian presbytery; to be so injurious
to us, as to chase us home with the sword. These things to you three
alone. The Prince is landed in France, which will be a sentence of
foreign war. This day the House of Commons have appointed a committee
to secure the King’s person, if he should come to London. Our great
hope on Earth, the city of London, has played nipshot: they are
speaking of dissolving the assembly.

       *       *       *       *       *

_To Mr William Spang. April 3, 1646._

The last letter of the King being more taking than the former, offering
to be advised by the parliament, if his followers may be secured of
their estates, has drawn an answer yesternight, which his five or six
former were not able to do. The answer is, That they conceive it not
for his good, nor the good of his people, to come hither, till first
the propositions be granted which they are preparing to send. In the
meantime the city-guards are multiplied, and a committee appointed to
secure his person, and seize on his followers, if he should come hither.

       *       *       *       *       *

_April 23, 1646._—Matters here are in a very ambiguous posture. Exeter
is capitulating, if not already rendered. The Prince is yet in Scilly.
The Houses have voted 10,000 foot and 2,000 of horse to be raised in
the north. Sir Thomas Fairfax’s 21,000 men are voted to continue other
four months. They are speaking of other 10,000 for the west: 40,000 men
are a great army when there is not one man in the fields against them.
The most think they intend to force us to what they will. The common
word is, that they will have the King prisoner.

       *       *       *       *       *

They make the word to go, that the King resolves to go to the Scots
army, knowing their compassionate hearts, and love to the King, if
he would do his duty. They have belaid all the ways, that they may
catch him if he should essay to go any where out of Oxford, till
Cromwell come and take him up. No appearance of settling religion or
the kingdom, yet God may do both quickly. We are in great grief and
perplexity; we pity it that a very few persons should be enabled to
keep all in a dangerous confusion, when all might be so easily settled.

       *       *       *       *       *

_For Scotland. April 24, 1646._

The Houses put out an ordinance for the erecting of presbyteries; but
so defective, that while it was in doing, the city drew up a petition
against it; which the Houses voted a breach of their privileges. While
we were in great hopes that the city would for all that stand to their
petition, that we should learn to trust in no flesh, they shamefully
succumbed: by a few fair words from the Houses, they were made as mute
as fish. Yet the assembly were bold to petition the Houses against that
ordinance; for which also they are voted breakers of their privileges.
The assembly yet say, they will be stouter than the city, and mind
not, by a few, whether fair or foul, words, to acknowledge any fault
where none was. And we also, for our exoneration, do give in a fair
remonstrance against that ordinance; whereunto as yet we have got no
answer, and scarce expect any good one. But the eyes of all are most
on the propositions of peace. Our state-commissioners had many and long
debates, both by word and writ, with a committee of the Houses, upon
the alterations of the former propositions, whereupon both kingdoms
had agreed long ago. It came at last to this, that however by treaty
they were obliged not to make peace without us, yet they might send
what propositions they pleased for their own kingdom; and that, for
religion, they would send no particular at all, but only require the
King’s consent for a power to the parliament here to establish religion
in England and Ireland as they thought fit; also they required him to
consent, that for time coming the power of the militia should be in the
Houses allenarly, and no part of it in the crown. To neither of these
we would consent.

       *       *       *       *       *

All the Royalists in Scotland could not have pleaded so much for the
crown and the King’s just power, as the Chancellor and Wariston did for
many days together. All will be presently printed either here or there.
Sir Thomas Fairfax’s army will now be near Oxford. They would have made
us believe, that the King had resolved to have broke through to our
army for protection from prison; but I suspect the chief spreaders of
these reports know well enough how they keep him fettered in Oxford
with 4000 or 5000 horse, beside their daily treaties with Ashburnam,
and these who have absolute power over him, to keep him still till they
deliver him to Sir Thomas Fairfax, and to be disposed upon as Cromwell
and his friends think it fittest for their affairs.

       *       *       *       *       *

You see how things stand here. We are on the brink either of a happy
peace, or of a more unhappy war than yet we have felt. The madness
of these unnatural men, who continue to let out the blood of their
country, when it had most need of strength, is inexcusable. Scotland,
for ever, must curse the memory, not only of these wicked murderers,
but also of all these unhappy self-seeking fools who have or do
contribute any thing to our divisions and heart-burnings.

       *       *       *       *       *

_For Mr Henderson, being at Newcastle with the King._

You will have it from many hands, and I cannot but advertise you
also, that the prevalent party desires nothing so much as the King’s
refusing of any one of the propositions. It is the sense of all I meet
with, that if the King should but delay to grant the propositions,
this people will declare against him, and reject him for ever from
being King. The Prince his going to France does much imbitter them,
and further that which is the design of many, to abolish monarchy, and
settle themselves in a new kind of popular government. If the King will
presently pass all the propositions, I find the most very willing that
he should return, and be received with so much power and honour, as
may in a little time bring him to all his just and pious desires. He
deceives himself exceedingly, if he expect any divisions here in haste.
All will agree, if he remain obstinate, to ruin him and his family, and
all who adhere to them. While this fear be secured, by appearance this
people will be one. Divers, from whom least I expected it, are for the
putting away of the whole royal race. The natural respect I have to all
great families, and the great love and reverence that I ever carried to
the King’s person, makes me grieve and fear much at this time. When I
look upon the disposition of all men I know, I see nothing but ruin for
poor Scotland, except the God of heaven help you there to save that
poor prince from destroying of himself and his posterity.

       *       *       *       *       *

_For Mr Spang. May 15, 1646. From London._

The other week, by appearance by a secret instruction, our letters at
the city-guards were taken, and broken up, and read in the House of
Commons. One of John Cheesly’s has caused much noise. For ourselves
we are all well; neither do we fear any hard usage for any thing that
can fall out. There is no appearance of any such wrong; but there was
great appearance of surrounding our army at Newark, with all the forces
they had, at least with 26,000 well-armed men, to take the King from us
to prison, or to cut us off. This made us, after the capitulation for
Newark, to retire with speed. We are now out of their danger in haste.
The faction’s great design is to continue the war; a peace is their
quick and evident ruin. The King’s being with us makes them mad; but
all good people are very joyful of it.

       *       *       *       *       *

The good party has now the plurality in the House of Lords; many in the
House of Commons are falling off our unfriends. It is hoped the city
may yet remonstrate against the sects, and that to purpose shortly; but
our great perplexity is for the King’s disposition. How far he will be
persuaded to yield, we do not yet know. I hope Mr Henderson is with him
this night at Newcastle.

       *       *       *       *       *

_For Mr Henderson. May 19, 1646._

There is much talk here by all sorts of people of the King’s obstinacy;
that he is the longer the worse, and refuses all reason. The faction
rejoices herein. This disposition contributes exceedingly to their
wicked design. All our friends are very sorry for it. Except God help
you, that you have occasion to let us know shortly there is a great
change, we will not know whither to turn us. Our perplexity for him and
ourselves for the present is very great. If he would do his duty, in
spite of all knaves, all would in a moment go right; but if God have
hardened him, so far as I can perceive, this people will strive to have
him in their power, and make an example of him. I abhor to think of it,
what they speak of execution.

       *       *       *       *       *

_For Glasgow. July 14, 1646._

On Sunday, in all congregations of the city, the elders are to be
chosen. So the next week, church-sessions in every parish, and twelve
presbyteries within the city, and a provincial synod are to be set
up, and quickly, without any impediment that we apprehend. The like
is to be done over all the land. They go to this work unanimously and
chearfully at last, I mean all but the sectaries. That it may the
better succeed, there is on Thursday next a general fast over the city,
which both the assembly and parliament do countenance. The work of the
assembly, these bygone weeks, has been to answer some very captious
questions of the parliament, about the clear scriptural warrant for
all the punctilio’s of the government. It was thought it would be
impossible to us to answer, and that in our answers there should be no
unanimity; yet, by God’s grace, we shall deceive them who were waiting
for our halting. The committee has prepared very solid and satisfactory
answers already, almost to all the questions, wherein there is like
to be an unanimity absolute in all things material, even with the
Independents. But because of the assembly’s way, and the Independents
miserable unamendable design to keep all things from any conclusion,
it is like we shall not be able to perfect our answers for some time;
therefore I have put some of my good friends, leading men in the House
of Commons, to move the assembly to lay aside our questions for a time,
and labour about that which is most necessary, and all are crying
for the perfecting of the Confession of Faith and Catechism. If this
motion take, I hope we shall end shortly our Confession, for there are
but a few articles now to go through. It will be a very gracious and
satisfactory Confession when you see it. We made, long ago, a pretty
progress in the Catechism; but falling on rubs and long debates, it was
laid aside till the Confession was ended, with resolution to have no
matter in it but what was expressed in the Confession, which should not
be debated over again in the Catechism. If these two pieces, and the
Catechism, were out of our hands, our long work were at an end. All the
corrections of Mr Rous’s psalms and advices which come up from thence,
were very friendly received, and almost all of them followed. It is
like the assembly and parliament here will, ere long, authorise the use
of that oft corrected Psalter. Whether you think meet to make use of it
or not, it shall be absolutely in your own power.

       *       *       *       *       *

_For Mr William Spang. August 7, 1646._

We were lately in some good hopes of an happy end of our long troubles,
but now we are very near desperate of that. After all possible
endeavours by all unanimously, Scots, English, French, so far as yet
we know, the King refuses the propositions. We expect on Monday the
Chancellor and Argyle, with the English commissioners. After their
report to the Houses, we fear sad votes. It will be our endeavour to
keep them from sudden conclusions. They take very long time to the
smallest affairs: I fear they be too quick in deposing the King, and
setting a day to the Prince. We are at a great nonplus, in very great
grief and perplexity. We know not what either to say or do. There is
before us a thick cloud of confusion. Many of the King’s greatest
friends think his obstinacy judicial, as if, in God’s justice, he were
destroying himself. I fear he will down with him all his posterity, and
monarchy. Also in this isle we have very small hopes of doing any more
with him, and many thousands more of his best subjects. This is the
great joy of the prevalent party, the thing they panted for with all
earnestness. Our griefs and fears are great, and for the time we are in
a great stupidity and astonishment. It will be our endeavour to keep
the nations together, albeit we scarce see the possibility of it. Mr
Henderson is dying most of heartbreak at Newcastle.

       *       *       *       *       *

_For Mr Henderson. August 13, 1646._

It seems the most here are inclined to declare against the King, and
that without much regret. I know no remeid, but a quick message from
him to grant all. I wish our meeting at Edinburgh would yet send to him
for that effect; but I fear it be too late.

       *       *       *       *       *

In the assembly we were like to have stuck many months on the
questions; and the Independents were in a way to get all their
differences debated over again. I dealt so with Mr Rous and Mr Tate,
that they brought us an order from the House to lay aside the questions
till the Confession and Catechism were ended. Many took it for a trick
of the Independents and Erastians for our hurt; but I knew it was
nothing less. We are now near an end of our Confession. We stick on the
article of synods, upon the proposition of their coercive power, or
their power to excommunicate. If this were over, we apprehend no more
long debates on the Confession. The Committee for the Catechism has
well near ended their work.

       *       *       *       *       *

_For Mr Robert Blair. August 18, 1646._

With much diligence, and art, and great perplexities, we strive every
day to keep the House of Commons from falling on the King’s answer. We
know not what hour they will close their doors, and declare the King
fallen from his throne; which if they should once do, we put no doubt
but all England would concur; and if any should mutter against it,
they would be quickly suppressed. Do not expect, that ever any more
messages will come to you [meaning the King] from this. If within a
very few days you send not hither a simple and absolute grant of all
the propositions, without any _if_, or _and_, you will quickly obtain
your desire. A martyrdom, a perpetual close prison at least, will be
your portion; and that without the pity of many. If yet you would do
what within a few weeks you will on your knees beg to be permitted to
do, but in vain, you might save all.

       *       *       *       *       *

_For Mr David Dickson. August 18, 1646._

The King’s unhappy refusal of the propositions has put us here in a
great deal of confusion and perplexity. The sectaries do exceedingly
rejoice; the rest are in great sadness. The great danger was, that the
House of Commons presently without any more, should declare against
the King. Our great care was to prevent that great mischief; for if
they once had passed a vote to demand the King, to remove our army, to
send their army northward, there was no remeid. Therefore we made ready
a paper before their commissioners returned, and presented it at the
very back of their commissioners report, of our willingness to disband
our army, and give up the garrisons upon reasonable satisfaction;
and our desire to take, by common advice, a course for settling of
the kingdoms. The noise of our very good carriage at Newcastle, the
great equity of our paper, our private dealing with our friends in the
Houses, made our motions taken: so we have got them to consider first
the matter of our army before they came to the King’s answer. We hope
to keep on this for some days, till the King have a little more time to
be better advised. And such diligence has been used, that we hear he is
coming near us.

       *       *       *       *       *

Their first offer to us was of £100,000 Sterling for the disbanding of
our army. We, this day, gave them in a paper wherein we were peremptor
for more than double that sum for the present, besides the huge sums
which we crave to be paid afterward. They have appointed a committee to
confer with us; we are in some hopes of agreement.

       *       *       *       *       *

_For Glasgow. To Mr Robert Ramsay. London, August 18, 1646._

We are here, by the King’s madness, in a terrible plunge. The powerful
faction desires nothing so much as any colour to cast the King and all
his race away, to have a quarrel with us; this they will get if the
King stick but for a few days many of the propositions. Many here will
regret it; but none will oppose. With great difficulty we drive over a
little time, and to our utmost labours with the King. He never did any
good turn in due time; our people, I fear, be a snare to him. Divisions
are like to increase, and the best to be borne down most. Worse evils
hang above the head of poor Scotland than yet we have suffered, except
the Lord prevent, and such as I cannot see their end. Blasphemous
heresies rage here every where, without any controul, to this day.
Warnings are clear and zealous; but a few that make it their work to
patronise and advance a horrible liberty, mars all. This nation also is
in a temper to fall in a worse war than the former. God help us, we had
need to pray. Never people nearer to a bottomless pit of horrible evils.

       *       *       *       *       *

_To Mr David Dickson, September 22, 1646._

Reverend and Dear Brother,

—— We have ended the Confession of Faith for the matter, and have
perfected the most half of its nineteen chapters. The other seventeen,
I hope, in a ten or twelve days will be perfected, and so all be
sent up to the Houses. It will be, I hope, a very sweet and orthodox
piece, much better than any Confession yet extant, if the House of
Commons mangle it not to us. We are now upon the Catechism. We hope
that also shall be a very good and plain piece. We are now at work,
thanks to God, in earnest much more than ever. If the race hold, I
trust this also in a month shall be over, and then Mr Rutherford and
I will supplicate the commission for a demission. Mr Gillespie will
be abundance to attend the queries. It will be a great question when
you shall think meet to call a general assembly. We yet know not what
to advise. It will be necessary to have the Confession and Catechism
approven in a general assembly, as the Directory was; but we fear
the condition of your affairs at this time, will scarce permit you
to hazard to call one. Always be thinking on this; for it will be a
great deliberandum shortly. To-morrow, the House of Commons debate the
ordinance against heresies and blasphemies; we are very solicitous
for it. The orthodox and heterodox party will yoke about it with all
their strength, the Lord be among them; for the right or wrong carrying
of that business is of a huge consequence, and nothing beyond it but
another question which this day is handled, How to dispose of the
King’s person? Great need had you there, as in my last I warned you,
to see to the election of commissioners to the parliament, both in the
burghs and shires. If that choice fall wrong, Scotland is in hazard to
be ruined.

       *       *       *       *       *

_For Mr Spang. October 2, 1646._

They have passed a vote of disposing the King’s person as their two
Houses shall think fit, without any reference to us. We press, by many
unanswerable reasons, our joint interest. They deny it. It is like
we may join in advising, and get the question of power laid aside;
but when we come to advise, we know not what to say. We expect one of
these days William Murray with the King’s last answers. We are certain
they will not satisfy. Their course thereafter with the King will be
more summar than we readily can join in peace. We see an inundation
of evils; except the great God arise we are undone. These things were
the subject of yesterday’s full debate betwixt the two Houses and our
commissioners. We expected £200,000 to have been put in our army’s hand
within a fortnight, and the sectarian army disbanded, and that party
humbled, government presently set up, the ordinance against sects and
heresies that now is in debate to pass, and be execute; but the King’s
obstinacy is like to mar all. And having done all we can, we know not
what to do with him next. The good Chancellor is distempered with
grief, and I with him also, and others of us; God help us. When we get
better news ye shall get part; for the time I am not well neither in
body or mind.


_For Mr George Young. October 13, 1646._

The unreasonable vote of disposing of the King’s person as their
two Houses of Parliament think meet, without the least reference
to Scotland, they still adhere to. In three solemn meetings, the
Chancellor, Wariston, and Lauderdale, did so out-reason them, that all
the hundreds of hearers did grope their insolent absurdities; but for
no other purpose, than to draw from them another very unexpected vote,
of keeping up the army for six months more. The keys, the sword, and
money, and preferments, in the hands of the sectaries. With much ado
have we kept the report of these three conferences from the Houses,
to be made in four or five sheets, on Thursday, by ourselves. The
King’s answer cannot be here till Monday. In the meantime they are
so peremptor, that they may pass a vote, declaring the King, for no
scant of faults, incapable to govern while he lives. If this nail be
once rooved, we with our teeth will never get it drawn. If we get it
delayed a few days, till the answer come, it is well; but when that
much-expected answer comes, if it be not satisfactory, as we are
extremely afraid for it, then, by all appearance, this people, without
more delay, will strike the fatal stroke; the consequences whereof I am
oft troubled to think upon. If the answer were satisfactory, as some
hope there is that at least in time it may be so, if the patience of
this people, by all diligence we can use, may be kept but for a few
weeks unbroken, all would go well.

For matters of religion, albeit for the time in an extreme ill posture,
yet are in a case of thriving, if the accommodating of the King did
permit men but to draw up their fainting spirits. The fear of that
miscarriage lets no man mind any thing else. London and Lancashire
goes on with the presbyteries and sessions but languidly. Sundry other
shires are making to; but all the errors of the world are raging over
all the kingdom. God save Scotland from that pest! In the ordinance
against that evil there is some little progress made. To-morrow, by
God’s help, we expect a farther. Our assembly for one twenty days
posted hard; but since have got into its old pace. The first half, and
more, of the Confession, we sent up to the House. The end of these who
called for it, was the shuffling out the ordinance against errors; yet
our friends have carried to go on with that. But others have carried
the putting of scriptures to the margin of the Confession, which may
prove a very long business, if not dextrously managed. It will be yet
a fortnight before the other half of it be ready; for sundry necessar,
but scabrous propositions, were added in the review. We have passed
near a quarter of the Catechism; but we will not in earnest win to it
till Confession be off our hand. I am near ready to speak a word with
the Anabaptists. I dare say, too much ease has not been hitherto in me
or my colleague’s disease.

       *       *       *       *       *

_To Mr David Dickson. October 27, 1646._

The peace of the kingdoms is still in a great uncertainty. We fear
every other day, that the Houses impatience of the King’s infinite
delays break off in a fury against him, and then that he be brought to
consent to all but to no purpose, unless to engage our poor kingdom
in his quarrel, for the joining of our ruin to his own. It is also
whispered, that he is coming off to grant all things but the covenant,
and church-government, and that it is like the parliament here will
close with him in these terms, without much regard to our complaints
and miscontentment this way.

       *       *       *       *       *

_To ——._ [_This letter is, I suppose, for Mr Robert Blair._] _November
3, 1646._

I hear that not only the chief of the sectarian party, but some others,
seem in private to give their readiness to welcome the King, if the
other propositions be granted, though the covenant be shifted. The
sectarian party, and divers others who profess most to oppose them,
seem to be in a way near a disposition to admit, unanimously enough,
of a charge against the King’s person, which they say is in readiness,
and that the great stop to this, all fear from the Scots and the city
will be removed. If they find that the King in his answer give not
quick and full satisfaction in the covenant, I really believe the King
is greatly abused if he dream that either the Scots or the city will
make any considerable opposition to any course the parliament shall be
pleased to take with his person, if there be any more hesitations in
establishing that covenant.

It is to me marvellous, that no experience, how dear, or frequent
soever, will learn his Majesty that one point of prudence, to do in
time for his great advantage, what he must and will do ere long,
without any thanks, and that with a great addition. The covenant now
will do all his business. Will he scruple it till the ordinance pass,
the next debate will be about his negative voice in the parliament; and
very readily that shall be put in an ordinance; and without it also
there shall be no admittance of him, or any of his, to the throne.

To many here it seems a great measure of imprudence, and (as some call
it) induration and dementation, to be content that the parliament here
should run out into the greatest extremities, and to hope that those
shall be the readiest means to obtain to the King all his desires; for
I verily think that if the parliament shall once go on to the hardest
courses with the King, upon his refusal to pass the covenant, and to
do these duties which the most of the good men in both kingdoms are
persuaded he ought in reason, he will never get, either here or in
Scotland, any considerable force for his defence.

       *       *       *       *       *

This people’s patient waiting for the King’s last answer, is very near
a final period: and all are afraid that one of these days the House of
Commons doors be closed, and some high vote pass that never shall be
recalled.

       *       *       *       *       *

Again, I tell you, from all I converse with, the covenant is his
safety; nothing less will do it; and this will do it, by God’s help
abundantly.

       *       *       *       *       *

_To Mr George Young. December 1, 1646._

The £200,000 was all told on Friday last. All this day our
commissioners have been agreeing upon the way of its receiving, and
the going of our army. Great haste will be used upon all hands, no
stop is expected. We have had sore labour these weeks bygone, to put
on many things in the Houses, assembly, and city, much ado to get the
great sum; but when once it was on a way, it ran faster than it could
be received. It was my dear friend Dr Burgess’s singular invention,
that all who contribute to this sum, would have as much of his old
debt, with all the annualrents counted to him, and for all make a
good pennyworth of the bishops lands; so the bargain being exceeding
advantageous, the strife was, who should come in with his money
soonest. By this means we got the bishops lands on our back, without
any grudge, and in a way that no skill will get them back again.

       *       *       *       *       *

The body of this people would gladly embrace the King and peace; but if
one month longer he go on to dally, they will reject him for ever; and
if he then run to us, to draw a perpetual war upon our backs, he cannot
be very wellcome. Our commissioners here, twice every week, write such
long, free, and true scrolls, as will absolve them from any guilt, if
persons obstinate in madness will needs destroy themselves. I think
all here shall either come home with me, or at my back. A base scurvy
pamphlet came out against our papers, which by order of parliament this
day was publickly burnt; yet the House of Commons answer to us was sent
us this day also, little better than that which they burnt.

       *       *       *       *       *

_For Mr James Robertson of Bedlay. December 8, 1646._

Some few of the most active men of the House of Commons and army are
for too general a liberty for all consciences; but the most of both
Houses are right and sound, and the body of the city are zealous
against all errors and confusions, as the world will see in their new
petition yet before this week end. Generally the ministers over all
the kingdom are orthodox; and the sectaries except a very few, are but
heady, illiterate persons. If peace were settled, and the army down,
all here think that the noise of heresies, which now is very loud,
would evanish. This night I count us as good us agreed for the sending
down of our money, and the return of our army. I think, on Monday, and
not sooner, it will go. We receive at Northallerton, £100,000, and the
other beyond the Tine, when Newcastle is delivered.

       *       *       *       *       *

  _To my Lord——._ [_This, I suppose, is to the Earl of Loudon,
  Chancellor of Scotland._] _December 25, 1646._

If it please God the King come hither, who shall be his ministers?
By all means it must be provided, that he be not permitted to have
any service either from Episcopal men or sectaries. There will be
difficulty to get these eschewed. If the King have his choice, without
rules from his parliament, he will take no other than Episcopal men. If
some have the power either of nomination or effectual recommendation,
without doubt the prime sectaries shall be planted about him. For the
preventing of this, were it not meet, while the King is with us, to
be thinking what ministers we could wish to wait on his family and
children? In the mean time, while the King is on his journey, and while
he is a-settling here, were it not meet to move his Majesty to require
Mr Blair to attend him; and if it may be, to have the spiritual care of
the children?

       *       *       *       *       *

_To Mr William Spang._

The treaty for our army, and so the committee of both kingdoms,
being ended, and the next deliberation about the King, being of that
importance, that our commissioners think meet to remit it to the
parliament of England, the Chancellor and Lauderdale purpose to go home
the next week, and I, God willing, with them. Our assembly, with much
ado, at last have wrestled through the Confession, and the whole is now
printed. The House of Commons require to put Scripture to it before
they take it to consideration; and what time that will take up, who
knows? We have passed a quarter of the Catechism, and thought to have
made short work with the rest; but they are fallen into such mislikes,
and endless janglings, about the method and the matter, that all think
it will be a long work. The increase of all heresies here is very great.

       *       *       *       *       *

At last his [the King’s] answer is come to us, and this day was
communicate to both Houses. It is but a mere general, that he desires
to come here to be heard, for the loosing of his scruples. The Houses
have voted his coming to Holmby house near Northampton, in quality
little better than a prisoner; which he will never agree to. It will
be endeavoured that the two parliaments may agree in some course of
his restraint, if he continue in his unhappy courses. His warrant the
other day was produced for stealing away the Duke of York to France.
If either he could be moved to agree with his parliament, or they to
agree among themselves in any course for him, it seems we might have
here, both in church and state, all our desires; but neither of these
being likely, our dangers both in church and state are very great and
imminent.

  [_See continuation of the Account of the Westminster
  Assembly, appended to the Acts of 1647._]




  _Note of Proceedings in the Convention of Estates relative to the
  Church, betwixt the Assemblies of 1646 and 1647._


_Nov. 14._ Letter from the Parliament to the King, desiring a
Settlement of Religion, and a happy and well-grounded Peace in all his
Majesties Dominions, according to the Oath and Covenant, p. 231.


1647.

_Jan. 16._ Declaration of the Kingdom of Scotland concerning the King’s
Majesty’s Person, p. 239. Desires of the Kingdom of Scotland, p. 240. A
Letter from the Parliament of Scotland to the Parliament of England, p.
241.

_Jan. 23._ Ordinance anent the answering of the King’s Majestie’s
Letter, direct to the Earl of Crawford. _Ib._

_Feb. 11._ Answer of the Parliament to the Remonstrance of the Church,
p. 247.

_Feb. 12._ Act for Transporting of the Kirk of Dunscore, p. 249.

_March 12._ Act Erecting the Kirk of Glencorse, p. 264. Act Erecting
the New Kirk of Glenluce. _Ib_. Act Erecting the West Kirk of Calder.
_Ib_. Act for Transporting the Kirks of Logie-Montrose, and Peant. _Ib._

_March 18._ Act against Excommunicate Persons, ordaining that, after
the lapse of forty days, they shall be put to the Horn, and Letters of
Intercommuning and Caption issued against all who refuse the Covenant,
&c., p. 267. Act Discharging Observation of Superstitious Days, p. 268.
Answers of Parliament to the Overture given in to the Parliament by the
Commissioners of the Assembly. _Ib._

_March 19._ Instructions from Parliament to their Commissioners in
London, p. 268.

_March 20._ Act and Commission to the Committee of Estates. _Ib._

_March 23._ Act Lord Huntlie upon the Production of the Articles of
Treaty betwixt the Kingdoms of Scotland and England, p. 272.

_March 24._ Act Renewing the Commission for Plantation of Kirks and
Valuation of Teinds. _Ib._

_March 26._ Act concerning the Education of Children under Popish
Parents and Tutors, p. 276.

_March 27._ Commission for Visiting the University of Aberdeen, p. 288.




THE GENERAL ASSEMBLY, AT EDINBURGH, 1647.


In resuming our narrative of public events, in which the Church of
Scotland acted an important part, we commence, on this occasion, at
the beginning of June, 1646, when the King was in the Scottish Camp
at Newcastle, and when the Assembly met at Edinburgh. From the Acts
of that Assembly, it will be seen that his Majesty addressed a letter
to it, (28th May,) promising “to maintain religion _there_ as it
is established, in doctrine, worship, and church government;” that
the Assembly, on the 18th of June, responded to this in vague and
general terms, but renewed its commission for “prosecuting, advancing,
perfecting, and bringing the said work of uniformity in religion, in
all his Majesty’s dominions, to a happy conclusion;” and addressed
letters to the English Parliament, the Westminster Assembly, and the
City of London, all to the same effect.[337]

On the 25th of that month, at a meeting of the Grand Committee of
both Houses of the English Parliament, Argyle delivered a document
containing the acquiescence of the Scottish Commissioners in the
propositions for peace, which had been suggested by the English Houses;
and delivered a speech in which uniformity in the three kingdoms,
the Covenant, and intolerance to all Dissenters, formed the leading
topics. The English Parliament, however, still sheltered itself under
the convenient verbiage, that the church government in England should
be modelled “according to the Word of God, and the example of the best
reformed Churches.” At the same time, a petition from the officers
and soldiers of the Scottish army, addressed to their general, Lord
Leven, was got up. This was followed by a declaration of the Lord
General, the general officers, and soldiers of that army, on the 29th
of June, intimating their adherence to the Covenant, but intimating
too, that, having come to England in support of their allies in that
cause, they expected their pecuniary recompense, and that being given,
they would then willingly retire into Scotland. A petition to the King,
pressing on him the adoption of the Covenant and the enforcement of it
in England, was also presented; so that Charles was assailed on all
hands by a combined pressure from the Parliaments of both kingdoms—the
Westminster and General assemblies—the Scottish army—to relinquish at
once the last of his prerogatives and his conscientious principles.
Whatever, therefore, he subsequently did in the way of concession, can
only be ascribed to absolute and irresistible coercion, while in a
state of thraldom.

The propositions of peace, as they were called, being thus concerted,
with the elements of future discord in their bosom, were passed in the
English Parliament, on the 27th of June; and, as an earnest of their
extirpating tendencies, Morgan, a priest, who had received orders
beyond seas in the Church of Rome, “was drawn, hang’d, and quarter’d at
Tyburn,” on the 30th of the same month.[338]

On the 6th of July, “the Commons voted that this kingdom hath no
further need of the Scottish army, and that the kingdom is unable to
pay them longer; and that a letter should be sent from both Houses to
the Commissioners of Scotland, to desire them to withdraw their army
into Scotland.”[339] On the 10th of that month, the Assembly’s letters,
already referred to, were received; and, on the 13th, the propositions
for peace, which had been previously drawn out, [_Die Sabbathi, 11th
July, 1646_,] were finally adjusted, in order to be offered to his
Majesty.

The main points in these propositions, touching religion and its
establishments, were, that the King should sign and swear the Solemn
League and Covenant, and an act of the Parliaments in both Kingdoms
be passed, enjoining all the subjects in the three kingdoms to do
the same, under such penalties as the respective Parliaments should
enact; that a bill be passed, utterly abolishing Prelacy, in terms
of the treaty at Edinburgh, 29th November, 1643; that the ordinances
as to the Assembly of Divines be ratified by act of Parliament; that
the Reformation of Religion should be settled by act of Parliament,
conformably with the League and Covenant; that an oath be imposed
on all Papists, renouncing their tenets; and declaring that, if the
King should not give his assent to these proposals, then, it being
done by both Houses of Parliament and the Scottish Estates, the same
should be as valid as if such assent had been given. There were other
propositions, such as the King relinquishing the command of the army
for twenty years; but to these it is needless here to allude further
than that a long list of persons was proscribed as not fit to receive
pardon for their proceedings during the troubles.[340]

On the 23d of July, the Commissioners from the English Parliament
arrived at Newcastle, and were attended by Argyle and Loudoun as
Commissioners for Scotland. The King appointed an audience next day,
when the propositions were read to his Majesty, the Commissioners
informing him that they had no power to treat, or to remain above ten
days for an answer. At one of the interviews which the Commissioners
had with the King, Loudoun, in very plain terms, intimated that the
Parliament “are now in such a posture for strength and power, they are
in a capacity to do what they will, both in Church and State; and some
are so afraid, and others so unwilling to submit themselves to your
Majesty’s government, that they desire not you nor any of your race
longer to reign over them; but the people are so wearied of the war and
great burthens they do groan under, are so loth to have monarchical
government destroyed, that they dare not attempt to cast it totally
off, till once they send propositions of peace to your Majesty.” He
added, “If your Majesty (as God forbid) shall refuse to assent to the
propositions, you will lose all your friends in the Houses, lose the
city and all the country; and all England will join against you as one
man: They will process and depose you, and set up another government;
they will charge us to deliver your Majesty to them, and render their
garisons, and remove our armies out of England; * * * and if your
Majesty lose England by your wilfulness, you will not be permitted to
come and reign in Scotland.”[341]

The King, however, was not entirely overwhelmed by the language
of intimidation thus held towards him; but, on the 1st of August,
delivered to the Commissioners an answer, which will be found
annexed,[342] proposing to go to London “upon the publick faith and
security of the two Houses of Parliament and the Scotch Commissioners,”
there to negotiate the terms of an adjustment on all points; and, with
this answer, the Commissioners returned to London the day following,
and, on the 12th, reported their proceedings to Parliament.

“The spirit of the age,” in any age and in every country, is often
marked emphatically by trivial circumstances. Of this we have an
example at the period now under consideration. The Great Seal of
England, which had been carried to Oxford in 1642, and other Signets
of Royalty, were found there on its surrender, and were ordered by the
House of Commons to be broken in pieces; and, on the 11th of August,
“were, by a smith, broken to pieces at the bar of the Lords’ House, the
whole House of Commons being present.” Such was the morbid fanaticism
at that time even against the symbols of regal authority.

It cannot be deemed foreign to this compilation to state, that, in the
course of this month, (19th August,) the most distinguished leader
of the Covenanters died; we need scarcely add the name—ALEXANDER
HENDERSON. During the time that the King was at Newcastle, he had held
an amicable controversy with his Majesty, on the relative qualities of
Episcopacy and Presbytery, with the view of reconciling his antagonist
in argument to the adoption of the latter; but this controversy, the
records of which have been preserved, and which was conducted with
great courtesy and talent on both sides, failed in the accomplishment
of its object by the conversion of the King; and Henderson soon after
returned to Scotland, where, suffering under a shattered constitution
and broken spirit, he died, lamented by his friends and honoured by his
opponents. The best tribute to his worth and talents is to be found in
the pages of his contemporaries.

The settlement of the propositions, sent by the Parliaments to the
King at Newcastle, did not form the only subject of perplexity to the
ruling powers at the period now referred to. The same day that his
Majesty’s answer was laid before the English Parliament, a paper was
given in to the House of Peers by the Scottish Commissioners, declaring
that the Scotch were “willing forthwith to surrender the garisons
possessed by them in this Kingdom, [England,] (which they did keep for
no other end but the safety and security of their forces,) and without
delay to recall their army; reasonable satisfaction being given for
their pains, hazards, charges, and sufferings; whereof a competent
proportion to be presently paid to the army before their disbanding,
and security to be given for the remainder.” Upon this a conference was
held by the two Houses, and, two days after, the Commons voted £100,000
for the Scottish army, and promised an early audit and adjustment
of their accounts. The demands of the Scotch amounted to about two
millions; but, at length, after some cavilling, it was agreed, early
in September, that they should be modified to £400,000, of which one
moiety to be paid ere the army left England, and the remainder in
future instalments. And, about the same time, Commissioners were sent
from the Estates of Scotland to the King to persuade him to accede
to the propositions already adverted to. The King’s answers to these
are so important in a historical point of view, and as illustrating
the relative position of all parties at that critical juncture, that
we give them in our appendix of documents to which we refer.[343]
And it may be here noted that, on the 3d of September, Montrose, by
the Special orders of the King, relinquished, though reluctantly,
his warlike position in the Highlands, and, along with some of his
followers, embarked at Stonehaven for Norway.

On the 18th of September, “the House of Commons took into consideration
how his Majesty’s person should be disposed of; and voted, 1. That
whatsoever consultation and debate the Scots Commissioners should
have concerning his Majesty’s person, the same should not in any ways
impede the march of the Scots armies out of this kingdom, nor violate
or trench upon the treaties between both nations. 2. That his Majesty
shall be disposed of as both Houses of the Parliament of England
shall think fit; and afterwards ordered that these Votes should be
communicated to the Scots Commissioners, who pretending to a joint
right of disposing of his Majesty’s person, a committee of both Houses
was appointed to treat with them about it, who had sundry conferences
thereupon.”[344] In the conferences which ensued, Loudoun, the Lord
Chancellor of Scotland, in various eloquent speeches,[345] which
reflect honour on his character and memory, contended for the perfect
freedom of the royal person, and his restoration to all the honours of
his station, or that he might go to Scotland; asserting the coequal
right of the Scottish Parliament to regulate this matter: but the
English Commissioners and Parliament maintained “that the Kingdom of
Scotland hath no right of joint exercise of interest in disposing of
the person of the King _in the Kingdom of England_”—overlooking, in the
maze of the sophistries by which this doctrine was sustained, that the
King was at the time under the protection of his Scottish subjects, and
though in England for the moment, that, by removing him into Scotland,
the whole argument would have been overthrown by a single day’s march,
under a guard of cavalry, across the Tweed. They adhered pertinaciously
to a prior and paramount right to the disposal of the King’s person,
and, as will be seen in the sequel, they prevailed in the tedious
written and oral controversy which took place on that subject.

The steadfastness of the King in refusing, without further
consideration, to adopt the Covenant and abolish Episcopacy, while it
discouraged the Presbyterians of England who were still attached to
monarchy, was gratifying to the Independents, who rejoiced in it, as
favourable to the establishment of a republic. Its effect in Scotland
was most inauspicious, even although the Estates, and many of the
chiefs, began once more to cherish their ancient loyalty. The English
Parliament, while these altercations were in progress, (9th October,)
issued ordinances abolishing Episcopacy, and ordering the sale of all
church property—thus dispensing summarily with the royal sanction to
these acts of democratic despotism.[346] On the 27th of November, the
arrangements for paying off the arrears of the Scottish claims were
completed, and the removal of the army stipulated for. On the 16th of
December, the money was sent out of London in thirty-six carts, to pay
off the first instalment; and, on the 21st of that month, the Commons
voted that, after the payment of the first £200,000, the Scottish army
would take no free quarters, nor levy moneys on the country; and both
Houses named Commissioners to go to Scotland, and wind up this ticklish
matter amicably. Nothing, however, was yet settled as to the King’s
person; but it was agreed that this should be no impediment to the
marching of the Scottish army, on receiving the first of the stipulated
payments.

The Scottish Estates having met on the 3d of November preceding,
were assembled at the time that these proceedings were maturing in
the English Parliament. They resolved, on the very day that the
money had been dispatched from London, (16th December,) to pay off
their auxiliary army, “that instructions should be sent to their
Commissioners to press his Majesty’s going to London, with honour,
safety, and freedom, and that they should declare their resolutions to
maintain monarchical government, in his Majesty’s person and posterity,
and his just title to the Crown of England.”[347] This declaration,
however, was not to the taste of the Commissioners of the General
Assembly, who must needs intermeddle and supersede the Parliament; and,
accordingly, next day, (17th December,) they concocted “A Solemn and
Seasonable Warning to all Estates and Degrees of Persons throughout
the Land,” in which, amidst a redundancy of the jargon of the times,
they insisted that no deviation from the League and Covenant should be
tolerated, under the pretence of preserving the King and his authority;
and unless he should unconditionally adopt the Covenant, they obtested
all the people to oppose his coming to Scotland—holding that document
to be binding, not only upon all the existing generation, but their
_posterity_.[348]

This most unseasonable usurpation of political power and interference
in secular affairs had its natural effect in England. The declaration
of the Scottish Estates, which was worthy of an independent, loyal, and
supreme legislature, was presented to the English Parliament the one
day, and the Warning from the Assembly’s Commission the day following;
and, after reading it, a fresh discussion arose, which terminated in
a resolution “that his Majesty should be desired to grant the whole
propositions; and, in case of refusal, the certifications given to
his Majesty should be put in execution, viz., To secure the Kingdom
without him; and did declare that the Kingdom of Scotland cannot
lawfully engage themselves for his Majesty, he not taking the Covenant,
satisfying as to Religion, &c. Nor would admit him to come into
Scotland unless he gave a satisfactory answer to the whole propositions
lately presented to him in the name of both Kingdoms.”[349] This
resolution implied an assumption of superiority in the English Houses
of Parliament over the Estates of Scotland, which was a palpable act of
unwarranted usurpation, inferring a breach of the Treaty; and we look
in vain either to the general principles of international law, or to
the existing treaties betwixt the two countries, for any justification
of the assumption.

When the King was apprised of the proceedings in the English
Parliament, which followed on the communications from Scotland, he
sent another written message to both Parliaments, on the 20th of
December, repeating his desire to confer with that of England, on the
propositions submitted to him—not absolutely refusing, but desiring to
give and receive in person, and in London, explanations. It concludes
in these terms:—“’Tis your King who desires to be heard, (the which,
if refused to a Subject by a King, he would be thought a tyrant for
it,) and for that end which all men profess to desire. Wherefore his
Majesty conjures you, as you desire to shew your selves really what you
profess, even as you are good Christians and subjects, that you will
accept this his offer, which he is confident God will so bless, that it
will be the readiest means by which these Kingdoms may again become a
comfort to their friends and a terror to their enemies.”[350]

To this message no answer whatever was returned; but, on the 22d of
December, the Lords voted “That the King, being now in England, may
come to New Market, there to remain, with such attendants about him
as both houses of Parliament shall appoint; but the Commons agreed
not with the Lords therein; and therefore voted, that Holmby House,
in Northamptonshire, would be a place most fit for his Majesty, _if
he please_ to come thereunto and abide with such attendants as both
Houses shall appoint.” The two Houses, on the 25th of December, resumed
consideration of this matter, “and the Commons further debated the
King’s coming to Holmby, agreeing with the Lords that his coming
thither should be with respect to the _safety and preservation of
his Majesty’s person_, and in preservation and defence of the true
religion. And the question being put, Whether the words ‘according to
the Covenant’ should be added? it passed with the affirmative.” On the
5th of January, 1647, the Commons resolve to appoint Commissioners
of both Houses to go down to receive the King from the Scots, and
to bring him to Holmby; and the Earl of Pembroke and others were
named accordingly. On the 14th, the King put several questions to
the Scottish Commissioners at Newcastle, to which evasive answers
were returned; and, on the 16th of that month, the Scottish Estates
transmitted its consent for delivering up the King, in these
terms:—“The Estates of the Parliament of the Kingdom of Scotland do
declare their concurrence for the King’s Majesty’s going to Holmby
House, or some other of his houses in or about London, as shall be
thought fit, there to remain until he give satisfaction to both
Kingdoms in the propositions of peace; and that in the interim there be
no harm, prejudice, injury, nor violence done to his royal person; that
there be no change of government, other than hath been _these three
years past_; and that his posterity in no ways be prejudiced in their
lawful succession to the Crown and Government of these Kingdoms.”[351]

The Commissioners from the English Parliament arrived at Newcastle on
the 23d of January; and, on the 28th, “the Scotch Lords being all with
his Majesty, he told them he had often desired to go into Scotland;
that he came into their army for protection, and had it, but now
perceived they were not willing he should go to Edinburgh. And they
being to deliver up the garrisons, he desired to know how they would
dispose of him; and for that end desired them to withdraw and consider
to whom they would deliver him, which they did; and, coming in again,
they told his Majesty that they had considered of his speech, and
that, since his Majesty had refused to take the Covenant, and sign the
Propositions, they were to deliver him to the Commissioners of both
Houses of the Parliament of England, who were come to attend him to
Holmby.”

“On Saturday, Jan. the 30th, the Scots march’d out of Newcastle, and
Skippon took possession of it, and the Parliament’s Commissioners
received the King into their charge, and soon after set forwards with
him to Durham, and so on to Holmby, * * * where he arrived on Tuesday,
Feb. 16, 1646-7.”[352]

Connected with these transactions, it should be recollected that, by
the resolution of the Commons, on 1st September preceding, £100,000
were to be paid to the Scotch on the army leaving Newcastle—two
other equal instalments in the payments, at three and nine months
subsequently—another at nine months thereafter—and the last £100,000
after the lapse of twelve months more; so that when the King was
delivered up, on the 30th of January, 1647, the Scottish authorities
_then received_ one-fourth part of the money, the remainder being made
payable within a period extending over two years and a-half after the
surrender of the King; a mode of settlement which it is no breach
of charity to assume was fully understood to be a pledge for the
acquiescence by Scotland in the decrees of the English Parliament with
reference to the Royal person.

It has been said, that the resolution of the Scottish Estates, on
the 16th of December, “was obtained by surprise;” and that it was an
“untimely excess of zeal;”[353] and plausible special pleadings have
been indited by certain historians, to gloss over the pusillanimity
and sordid considerations, by which the Scottish authorities were,
subsequently, induced to truckle to these arrogant pretensions. We
have no sympathy either with the morbid patriotism or the party
prejudices which would vindicate our countrymen of a former, or of
any age, at the expense of historical truth, from such imputations
as those alluded to; and whatever were the real motives by which, in
this matter, the Scottish Covenanters were guided, one thing is quite
plain, that they meanly yielded to the insolent demands of the English
Parliament, in an affair as to which there was no stipulation in the
treaties betwixt them binding them to do so; that although distinct in
point of form, the negotiations about payment of the arrears, and the
demands for the royal person were contemporaneous; and that, although
accounts were adjusted upon paper, no part of the promised arrears
was paid at the time that the demand for the King’s person was made
and reiterated by the English Parliament, nor for a considerable time
afterwards. And, above all, viewed in a moral light, and with reference
even to the terms of the Covenant itself, and the allegiance which
they had sworn to Charles as King of Scotland, and their own demands
on the English Parliament, that the King should receive all honour
and enjoy all freedom personally—it seems impossible to doubt that a
convenient policy overruled honourable principle and national spirit,
when they simultaneously delivered up the King’s person to the English
Parliament, and accepted the moneys then and subsequently doled out to
them, from time to time, in successive instalments.[354]

The King having been thus delivered up to the English Republicans and
Independents, and the Scottish army having retired within their own
territories, in the end of January, 1647, our attention is now called
to the proceedings which ensued there, before referring to occurrences
of a very outrageous and extraordinary character in England.

On returning into Scotland, the army, under Leven’s command, was
considerably reduced, without difficulty, to such an amount as was
requisite for suppressing the Royalist insurgents in various districts
of the Highlands. For this purpose, Middleton and David Leslie were
intrusted with the command of the Covenanting forces. The Scottish
Estates adjourned, having appointed a Grand Committee to watch the
progress of events; and the Royalists were, in the months of March and
April, effectually repressed. Strathbogie Castle was stormed, being
the chief strength of Huntly, and some other forts in his country were
reduced; on one occasion twenty, and on another several more of the
prisoners being executed. Many other insurgents, some of them persons
of distinction, were taken prisoners, but Huntly eluded pursuit. In
the Western Isles, the relics of Montrose’s band, who had been joined
by a new levy of Irish auxiliaries, were also dispersed and defeated.
The castles of the Macdonalds were reduced by D. Leslie. The Irish
retreated from Kintyre to Islay, and thence to Ireland, with the
exception of about 200, who formed a garrison, but who, being overcome,
were all subjected to military execution; and thus, for a time, ended
the insurrection in favour of the King in Scotland.[355]

The English Parliament was relieved by the arrangement with
the Scottish Estates, already detailed, of some portion of its
embarrassments; but a very formidable difficulty yet remained in
regard to the disposal of its own army. It could not be upheld, at
its existing strength, without proving a heavy burden on the country;
and, from its character, it was dangerous to have such an army on foot
and unemployed. It was, therefore, deemed prudent to select a portion
of it for service in Ireland, where the authority of the English
Parliament was still unacknowledged and resisted, and to disband the
remainder; and, in the beginning of April, a petition was got up, with
this view, from the county of Essex, praying for the speedy disbanding
of the army; and the county committees which had sprung up in various
quarters, excited the jealousy of the nation. On the 9th of April,
the Commons resolved that, a fortnight thereafter, they should proceed
to “debate the business of the Church for fourteen days together, and,
in the interim, no private business to intervene;” and, on the 13th,
Commissioners were appointed to go to the army, with propositions to
the officers and soldiers, who were to be sent to Ireland. Symptoms of
mutiny began to appear in a portion of it, stationed in North Wales, on
the subject of arrears. Next day a petition from some of the reduced
officers, who served under Fairfax, was read to the House, complaining
of certain grievances and craving indemnity. On the 17th, a letter from
the Commissioners sent to the army, of which Walden was the General’s
head-quarters, was received, on the subject of enlisting for Ireland,
and a conference took place with the officers who had been appointed to
represent the desires of the army to Parliament. The negotiations with
the army, as to going to Ireland, proceeded with but small success, and
amid much distraction; and, on the 17th, there was a long debate, which
was adjourned, whether to disband the army entirely or send it unbroken
to Ireland for reducing that kingdom? On the 27th, it was stated that
the arrangements, as to Ireland, had been obstructed by some officers
in the army, and it was ordered that four of these should be summoned
by the serjeant-at-arms to attend the House; and, after a long debate,
it was resolved that the whole army should be disbanded, receiving six
weeks’ pay. The same day, a petition was presented to the Commons by
some officers for themselves and their fellow-soldiers, along with a
vindication of their proceedings, which was signed by fourteen colonels
and lieutenant-colonels, six majors, and an immense number of inferior
officers. Nor was this movement confined to the superior officers;
for the petty officers and common soldiers were completely organized,
under the disguised auspices of Cromwell and Ireton, in a compact
confederacy, and selected a committee, consisting of delegates from
every regiment, who were distinguished by the name of “Agitators”—a
term which has been appropriately revived, in more recent times, to
indicate the existence of a similar spirit of insubordination and
rebellion. At the period now referred to, England presented all the
realities of revolutionary anarchy; and a volcanic power, the elements
of which had long been fermenting underneath the English Parliament,
was now on the eve of bursting forth ere it could escape that
resistless power.[356] Like the Prætorian bands of Imperial Rome, the
English army now assumed to itself supreme sway in the British empire,
imitating the example of an unconstitutional Parliament, by which it
had been called into existence, and usurping a power by which, ere
long, that and all civil authority whatsoever was utterly overthrown.

On the 30th of April, the mutinous spirit of the army was conspicuously
shewn by the production, in Parliament, of a letter, from some troopers
in behalf of eight regiments of cavalry, wherein they expressed their
reasons for not embarking in the service to Ireland, and complained
of calumnies against them. Three of those who attended as delegates
were called in and examined before the Commons. The House were afraid,
however, to check these movements vehemently, and appointed Cromwell,
Skippon, Ireton, and Fleetwood, to go to the army and pacify the
discontents by lavish promises—the very men who were secretly at the
bottom of the mutinous movement. Next day, four officers, who had
been sent on a similar mission to London, were in attendance; but
the House resolved not to call them to the bar; and Fairfax, the
commander-in-chief, issued an order that all officers then in London
should return to their corps within twenty-four hours. At this time,
there was considerable alarm created by rumours that the army was
making overtures directly to the King; and (3d May) the Provincial
Assembly of London, on the Presbyterian model, assembled for the first
time, in conformity with the previous ordinances by the Parliament
in April preceding. The new polity was similar to that of Scotland,
differing, however, in this particular, that ruling-elders, chosen
by the people, were admissible to the kirk-sessions and Classes or
Presbyteries, but not to Synods nor General Assemblies; and, in
addition to this, the Parliament repudiated the pretensions set up to
the divine right of Presbytery, the leaven of sectarian independency
being sufficient to counteract and overrule in Parliament, the notions
of the Presbyterians in these particulars.

Meanwhile, tidings arrived that Kolkitto (Allaster M‘Donald,) a
noted Royalist partisan, was ravaging Argyle, and that David Leslie
had gone in quest of him. A petition was presented by some London
citizens to the Commons as “the supreme authority of Parliament,” an
expression which it affected at the time to dislike, although soon
afterwards that authority was assumed by it. On the 7th of May, the
Parliamentary Commissioners opened their conference for quieting
“distempers in the army;” but these rather increased, and the common
soldiers disputed the right of their officers to compromise them
without previous consultation—a circumstance sufficiently indicative
of the insubordination and bad spirit that had been fostered among the
troops, amounting, at the time, to above 20,000 in number. Letters from
the Commissioners to the army were received on the 11th, intimating
that they had prolonged the time for the officers to “treat” with the
soldiers. The tremour of Parliament in these circumstances may be
inferred from the resolution to add a fortnight’s pay to that of six
weeks’ previously agreed to be given at disbanding the army, with six
weeks’ pay additional even to that, for all who should volunteer to
go to Ireland; yet all this did not allay the “distempers” among the
soldiery, who, on the 15th, appointed committees out of every troop
and company for the management of their joint concerns, and were thus
organized into a deliberative body, in contempt of the authority of
Parliament.[357]

At the time now referred to, the King intimated that he was ready to
give answers to the propositions formerly sent him to Newcastle; and,
on the 18th, of May, his Majesty’s answers were communicated to both
Houses. These were, in substance, that he desired to go to London,
and was willing to settle the Presbyterian polity in England for
three years; that he would ratify Westminster Assembly, provided some
clergy, to be named by him, were added to it, in order to deliberate
on the form of church-government that should be established after the
lapse of these three years, and provided that he and his household
should be free to adhere to the old form and use the Book of Common
Prayer; that he would relinquish the command of the militia for ten
years, to return to the Crown at the end of that time, &c. The House
of Peers, on reading this letter, referred it to a committee, and the
Commons agreed to take it into consideration some days after. On the
same day, letters from the Commissioners to the army were received,
setting forth the great weight and importance of their negotiations.
On these, the Commons passed a resolution, that all the forces in the
kingdom that would not go to Ireland should be disbanded, and remitted
to the Committee at Derby House to consider of the time and manner of
disbanding; and one or two of the Commissioners were ordered up to give
an account of their proceedings. Next day was wholly spent in debating
on the Confession of Faith, and the debate adjourned.

On the 20th, another petition to the Commons, as “the supreem
authority,” was discussed and rebuked; and the Lords took into
consideration that part of the King’s letter which referred to his
going to London. After debate, it was agreed that he should go to
Oatlands—the Commons concurring. The Provincial Assembly met in the
Convocation House of St Paul’s. Next day an indemnity bill was passed,
in both Houses, in favour of all who had acted under the orders of
Parliament during the troubles. The army Commissioners reported to the
House, and accounts were received, that all the troops had returned
to their quarters, and discipline was again restored, under Fairfax,
at Walden. At this crisis, a letter in ciphers, from Ashburnham to
the King, was intercepted: it recommended to the King not to make
an absolute agreement with the Parliament, as, peace being restored
betwixt Spain and Holland, he might depend on a large auxiliary force
from the former.

On the 25th of May, the Committee of Commons made their report as to
the mode of disbanding the army on the 3d and 5th of June, at different
stations; but these being promulgated, tidings arrived, on the 28th,
that the troops were dissatisfied with the arrears proposed to be given
them. In a council of war, on the 29th, which was called by Fairfax
on this subject, it was voted, by about 200 officers, (six only being
satisfied,) that the rate of payment was unsatisfactory as to the
soldiers: and among the reasons stated for this conclusion, it was
intimated that the soldiers would rendezvous without their officers,
and tumults and plunder would ensue. This was rendered certain by a
petition to the General, signed by the “Agitators, in behalf of the
several Regiments,” claiming a redress of their grievances, which
daily increased, and remonstrating against any disjunction of the army
before being satisfied and disbanded. This was followed by letters
from the General to both Houses, dated the 30th of May, and received
on the 1st of June, intimating that the dissatisfaction was rather
aggravated than lessened, and that he was “forced to yield to something
out of order, to keep the army from disorder.” Quailing before the
rising storm, the Houses of Parliament hastily resolved that the common
soldiers should get the whole of their arrears, instead of a moiety,
and ordered a former declaration against the army to be erased from the
journals of both Houses; but, by this time, several corps were on their
march, concentrating, not only without but against the orders of their
officers.

It were a tedious, though not perhaps an uninstructive task, to trace
all the turnings and windings of the negotiations which ensued betwixt
the English Parliament and the army at this critical period; but it
would be unsuitable in this sketch. It may be sufficient, therefore,
merely to state that, on the 4th of June, a party of the troopers,
under the command of Joyce, a cornet of dragoons, seized the King’s
person; that, subsequently, the demands of the army became more bold
and extensive; that, instead of being confined to demands for payment
of arrears, &c., they adopted the language and the principles of the
Parliament itself; and, in the assumed character of citizens and
patriots, they insisted on certain high points of national policy,
which are competent only to the supreme legislature of a country,
dictating, in terms the most imperative, the conditions on which
Parliament should be constituted, and the constitution modelled; and,
in short, assuming the complete control of national affairs, and
superseding both King and Parliament. To complete the humiliation
of Parliament, both Houses were beset by a rabble of the London
apprentices on the 26th of July, and literally dissolved and dispersed
by the mob. In order to enforce their pretensions and demands, the
army advanced gradually, during the progress of the negotiations,
towards the metropolis, and finally encamped at Hounslow Heath, in the
immediate vicinity of London, in the beginning of August, 1647, to
the number of 20,000 men, in a high state of appointment and unity.
For some time, the Houses of Parliament made a shew of resistance,
and prepared to oppose any approach of the army to London, by
calling out the city militia and trained bands; but, as the danger
advanced, and tumults grew around them, their courage gradually abated.
Several members who were obnoxious to the mutineers, were obliged,
in compliance with the peremptory demand that the House should be
“purged,” to retire from the Commons; and, finally, all attempts at
resistance were abandoned, and many of the members fled or took refuge
in the army, with a weakness and pusillanimity which is only to be
paralleled in the previous arrogance displayed by themselves in all
their encroachments on the prerogatives of the monarchy. Without,
however, dwelling longer on this topic, or enumerating any of the
particulars which characterised the movements in England, we proceed
to bring under the reader’s notice the Acts of the General Assembly
in Scotland, which met on the 4th of August, 1647. The same day,
the English army entered the city of London without the slightest
resistance; thus assuming a supreme and commanding power over the
nation.




THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY MET AT EDINBURGH,

AUGUST 4, 1647.


August 16, 1647. Post Meridiem. Sess. II.

  _Act allowing the half of the Ministers in the Presbyterie of Zetland
  only, with their Ruling Elders, to keep the Provinciall Assembly._

The Generall Assembly, Understanding that the whole Members of the
Presbyterie of Zetland, adjoyned to the Provinciall of Caithnes and
Sutherland upon weighty considerations by the preceeding Assembly,
cannot be present at the meetings of that Provinciall, without great
prejudice to the particular Congregations within that Presbyterie, and
many other inconveniences; That Isle being of great distance from Land,
and the passage from and to the same being uncertaine and dangerous:
Doe therefore Declare and Ordaine, That the whole Ministers and Elders
of the Presbyterie of Zetland, shall not be tyed hereafter to come to
the meetings of their said Provinciall; But that the half of the number
of the Ministers with their Ruling Elders, shall be onely oblieged to
keep the meetings of the said Provinciall Assembly in time coming.


20 August, 1647. Ante Meridiem. Sess. XV.

  _A Declaration, and Brotherly Exhortation of the Generall Assembly of
  the Church of Scotland, to their Brethren of England._

The conscience of our dutie to God obliging us to give a testimony
to his Trueth, and to the Kingdom of his Sonne Jesus Christ, now so
much resisted and opposed by many, and so little owned by others: The
laudable custome and example of correspondency between Neighbouring
Churches, exhorting, encouraging, and (in case of publike scandall)
admonishing in love one another, as well as single Brethren ought to
admonish one another in love, in the case of private offence: Our
nearer relation and more speciall affection to our Brethren of England,
making us to sympathize with them in their danger and affliction as our
own, both Kingdomes being united as one entire Body in one Covenant,
for pursuing the common cause and ends therein expressed: Yea, common
reason and experience it self teaching us that wee have no cause to
conceive our Religion, the liberties of this Church, or our selves to
be in a condition of safety, when ever the enemies of our Religion
and Liberties are growing to a prevalency in the Neighbour Kingdom.
Any one of these considerations, much more all of them together,
cry aloud upon us to break our silence in this present Juncture of
Affaires; yet wee hope to expresse our selves both concerning the
present Dangers and present Dueties, as in a conscionable and Brotherly
freedome, so in a fair and inoffensive way; for wee have no pleasure
nor purpose to provoke any Person or Party whatsoever, nor to encrease,
but to endeavour the allaying and composing of the present unhappy
differences. If any shall offend at our discharging our conscience
and doing our duty, yet wee shall rather choose to take our hazard of
that, then of displeasing God by neglect of duty. But we hope better
things, then to be mis-understood, or mis-interpreted by such as desire
a candide interpretation of their owne actions or expressions.

First of all, whatsoever the present discouragements, difficulties
or dangers are, or whatsoever for the future they may bee, we cannot
but commemorate to the glory of God, and we doubt not it shall be
remembred to his glory in the Church throughout all ages, How great
a salvation his Mighty Hand and Outstretched Arme hath wrought for
these three Kingdomes; How he stirred up the Spirits of his People
in this Kingdome ten yeares agoe, to begin to shake off the Yoke of
Prelaticall tyrannie, and of Popish Ceremonies obtruded upon us,
contrary to the Lawes of God and Men; How he led us on from so small
beginnings, and from one degree to another, till wee were United in a
Nationall Covenant; How he gave us a Banner to bee displayed for the
Truth, and so blessed us in the prosecution of that Covenant, that
the Kings Majesty was graciously pleased upon the humble Petitions of
his Loyall Subjects in this Nation, to indict a Generall Assembly and
Parliament for healing the grievances of Church and State respectively,
As likewise to grant his Royall consent for Confirming and Ratifying
by Acts of Parliament our Nationall Covenant, and the Government and
Liberties of this Church. After which the new Troubles raised against
us by the malice and treachery of our enemies, did occasion the first
expedition of this Nation into England, (upon which followed the
calling of the Parliament there, and the large Treaty) and in the
issue, the return of that Army was with an Olive branch of Peace, and
not without the beginnings of a Reformation in England: In which work
while the Parliament was interrupted and opposed, and a bloody War
begun with great successe on that side which opposed the Parliament
and the begun Reformation, from whence also did accrew great advantage
to the Popish Party (whereof the Cessation of Arms concluded in
Ireland may be in stead of many testimonies;) Commissioners were
sent hither from both Houses, earnestly inviting and perswading to
a nearer Union of the Kingdomes, and desiring Assistance from this
Nation to their Brethren in that their great distresse; And this by
the good Hand of God produced the Solemne League and Covenant of the
three Kingdomes, to the terrour of the Popish and Prelaticall party
our common Enemies, and to the great comfort of such as were wishing
and waiting for the Reformation of Religion, and the recovery of
just Liberties. And although for the conjunction of the Kingdomes in
Covenant, and Armes (being a speciall means tending to the extirpation
of Popery, and strengthening the true Reformed Religion) this Kingdome
hath been invaded and infested by the bloody Irish Rebels, aided and
strengthened by some degenerate and perfidious Countrey-men of our
owne: Although also in England there were not wanting incendiaries,
who hating and envying nothing more then the Union of the Kingdomes in
such a Covenant, were very vigilant to catch, and active to improve
all occasions of making divisive motions, and creating Nationall
Differences; Yet God hath been graciously pleased to break our Enemies
strength at Home when it was greatest, and to guide us through these
Jealousies and Differences fomented by disaffected Persons between the
Kingdomes; So that in stead of a splitting upon these Rocks (the thing
hoped for by our Enemies) there was a peaceable and friendly parting:
Since which time God hath further blessed our Army at Home, to the
expelling of the Enemie out of our own Borders. Nor can we passe in
silence the happy progresse which hath been made in the Reformation of
the Church of England; He that hath brought the Children to the birth,
can also give strength to come forth; And hee whose hand did cast out
Prelacie and the Book of Common Prayer (although strongly rooted in
standing Lawes;) and who enclined the Parliament of England to Owne
no other Church Government but the Presbyteriall, (Though it bee not
yet fully settled according to the Word of God, and the example of the
best Reformed Churches) can as easily encline when hee thinks good
both the King and them, and the body of that Kingdome to a thorow and
perfect Reformation. He that made the Assemblies and Parliaments of
both Kingdomes to agree upon one Directory for the Publike Worship
of God, can also when he will make an agreement in the other Parts
of Uniformitie, Confession of Faith, form of Church Government, and
Catechisme; In all which there hath beene also a good progresse made in
the Reverend and Learned Assembly of Divines through the good hand of
God so long upon them.

Having now seen so much of God both in the beginning and progresse
of this his great Work; And his Hand having done so wondrous things
for his People in their greatest extremities of danger, and having
discovered and defeate the plots of Enemies, making them fall even by
their own Counsels; These things wee resolve to keep still fixed in our
hearts, and as memorials before our eyes, that remembring the Works of
the Lord, and the Years of the Right Hand of the most High, wee may
neither want matter of Praises and Thanksgivings, nor experience to
breed hope. Although the building of the House of the Lord in England
be not yet, after so long expectation, finished, and now also the Work
ceaseth; Yet wee doe from our hearts blesse the Lord for the laying
of the Foundation, and for so much progresse as hath been made in the
Work; Having still confidence in the Almighty, to whom nothing is
impossible or too hard, that every Mountaine which doeth or shall stand
in the way shall become a plaine, and that the Head-Stone shall bee
brought forth with shoutings of Joy, Grace, Grace unto it.

Nevertheless, we are also very sensible of the great and imminent
dangers into which this Common Cause of Religion is now brought by the
growing and spreading of most dangerous errours in England, to the
obstructing and hindering of the begun Reformation, as namely (beside
many others) Socinianisme, Arminianisme, Anabaptisme, Antinomianisme,
Brownisme, Erastianisme, Independency, and that which is called (by
abuse of the word) Liberty of Conscience, being indeed Liberty of
Errour, Scandall, Schisme, Heresie, dishonouring God, opposing the
Truth, hindering Reformation, and seducing others; Whereunto we adde
those Nullifidians, or men of no Religion, commonly called Seekers:
Yea, wee cannot but look upon the Dangers of the true Reformed Religion
in this Island, as greater now then before; Not onely for that those
very principles and fundamentals of Faith which under Prelacy, yea,
under Popery it self, were generally received as uncontroverted, are
now by the Scepticisme of many Sectaries of this time either oppugned,
or called in question; But also, because in stead of carrying on the
Reformation towards perfection, that which hath beene already built
is in part cast down, and in danger to be wholly overthrowne through
the endeavours of Sectaries to comply with many of the Prelaticall and
Malignant, and even the Popish party; and their joyning hand in hand,
and casting in their lots, and interweaving their interests together in
way of Combination, against the Covenant and Presbyteriall Government;
Yea, the unclean spirit which was cast out, is about to enter againe
with seven other spirits worse than himselfe, and so the latter end
like to be worse then the beginning.

We are extremely sorry that we have cause to aggravate these evils
from the crying sin of breach of Covenant: Whereof if we should hold
our peace, yet according to the Word of the Lord, other Nations will
say, and many among them do say, Wherefore hath the Lord done thus unto
this People? and what meaneth the heat of this great anger? And they
answer one another, Because they have forsaken the Covenant of the
Lord their God. We would not be understood as if we meant either to
Justifie this Nation, or to charge such a sin upon all in that Nation.
We know the Covenant hath been in divers particulars broken by many in
both Kingdomes, the Lord pardon it, and accept a Sacrifice; and wee doe
not doubt but there are many seven thousands in England who have not
onely kept themselves unspotted, and retained their integrity in that
businesse, but doe also mourne and groane before the Lord for that sin
of others. Yet we should but deny our own sence and betray the Truth,
if we should not resent so great a sinne and danger, as is the breach
of a Solemne Covenant, sworn with hands lifted up to the most High God:
Which breach however varnished over with some colourable and handsome
pretexts, one whereof is the Liberty and Common Right of the free
People of England, as one Saul brake a Covenant with the Gibeonites,
In his Zeal to the Children of Israel and Judah: Yet God could not
then, and cannot now be mocked; Yea, it is too apparent and undeniable,
that among those who did take the Covenant of the three Kingdomes, as
there are many who have given themselves to a detestable indifferency
or neutralitie, so there is a Generation which hath made defection to
the contrary Part; Persecuting as far as they could that true Reformed
Religion, in Doctrine, Worship, Discipline, and Government, which
by the Covenant they ought to preserve against the common Enemies;
hindering and resisting that Reformation and Uniformity, which by the
Covenant ought to bee endeavoured; preserving and tolerating those
cursed things which by the Covenant ought to be extirpate; especially
Heresie and Schisme, encroaching upon, yea offering violence unto
the Rights, Privileges, and Authority of Magistracie; Protecting
and assisting such as by the Covenant ought to have been brought to
condigne triall and punishment, and persecuting those who by the
Covenant ought to be assisted and defended; Endeavouring also a breach
in stead of a firme Peace and Union between the Kingdomes: So that
there is not any one Article of the Solemne League and Covenant which
hath not been sinfully and dangerously violated before God, Angels,
and Men. Now if a Covenant for the Preservation and Reformation of
Religion, the Maintenance and Defence of Liberties was justly thought
a fit and excellent means, not only to strengthen and fortifie the
Kingdomes against the common Enemie of the true Reformed Religion,
publike Peace and Prosperity, But also, to acquire the favour of
Almightie God towards the three Kingdomes, of England, Scotland, and
Ireland, as is expressed in the Ordinance of the Lords and Commons for
the taking of the Covenant, dated February 2, 1643. Surely then the
Authors and chief Instruments of the breach of that Covenant, are to be
looked upon as those who strengthen the hands of the common Enemie, and
provoke the wrath of Almighty God against these Kingdomes. Yea, if this
Covenant was the Soveraigne and onely meanes of the recovery of those
embroiled bleeding Kingdoms, as is expressed in the exhortation of the
Assembly of Divines to the taking of the Covenant, approved and ordered
to be Printed by the House of Commons; The despising, refusing, and
casting aside of that remedy, must needs render the disease much more
desperate. And if by the Declaration of both Kingdomes joyned in Arms,
Anno 1643, such as would not take the Covenant were declared to bee
publike Enemies to their Religion and Countrey, and that they are to
be censured and punished as professed Adversaries and Malignants. Who
seeth not now a strange falling away from these first Principles and
Professions, among these who either magnifie and cry up, or at least
connive at and comply with such as have not taken the Covenant, yea,
are known Enemies to it, and cry down such as are most zealous for it?

In this case, while in the Neighbour Kingdom, the staves of Beauty
and Bands, Covenant and Brother-hood are broken by many, the home
of Malignants and Sectaries exalted, the best affected born down,
Reformation ebbing, Heresie and Schisme flowing; It can hardly be
marvelled at by any Person of prudence and discretion, if we be full
of such feares and apprehensions as use to be in those who dwell near
a House set on fire, or a Family infected, especially being taught by
the sad experience of the Prelaticall times, how easily a Gangrene in
the one half of this Island may spread through the whole; Knowing also
the inveterate and insatiable malice of the Enemies of this Cause and
Covenant against this Church and Kingdome; which we cannot be ignorant
of, unlesse we would shut our eyes and stop our ears.

Our present purpose leadeth us to touch somewhat of the proceedings
of the Army in England this Summer, so far as Religion is therein
concerned; As wee are confident, divers have gone along with them
in the simplicity of their hearts, and we presume not to judge the
thoughts and intentions of any, it being Gods owne prerogative, to
bring to light the hidden things of darknes, and to make manifest
the counsels of the hearts; So it cannot be denied, that upon these
passages and proceedings hath followed the interrupting of the so much
longed for Reformation of Religion, of the setling of Presbyteriall
government, and of the suppressing of heresies and dangerous errors,
(which works the Parliament had taken in hand) the retarding and
delaying the relief of Ireland, the sowing of the seeds of another
War in England, the strengthning of the hands of the Malignant and
Episcopall party, the weakning and wounding both of Magistracy and
Ministery: In all which, whether the Army be blamelesse and innocent,
from ministring occasion to so great evils, or whether there be not
cause for them to repent and do the first works, and to practise more
of that love, moderation, and meeknesse of Spirit, and of that zeal
against Malignants and Prelaticall persons, which they have from the
beginning professed, and the want whereof (when suspected in others)
they did so much censure; or whether there be such a thing among them,
as adjoyning with those against whom, and against those with whom
the Covenant was taken; We leave them in all these to the search and
examination of their own consciences, that they may stand or fall unto
God. For our part, we cannot conceive how the late Proposals of that
Army for setling of a Peace, do in point of Religion consist with the
Solemn League and Covenant, or with the Propositions of Peace, formerly
agreed upon by both Kingdomes; there being so considerable omissions
of divers materiall desires contained in those former Propositions,
concerning the abolition of Prelacy; concerning the injoyning of the
taking of the Covenant by all his Majesties Subjects, under such
penalties as the Parliaments should agree upon; concerning the setling
of religion in England and Ireland, according to the Covenant, in such
manner as both Houses of Parliament shall agree on, after advice had
with the Assembly of Divines; concerning the setling of uniformity
between the Churches of God in both Kingdomes, according to the
Covenant, in such manner as shall be agreed on by both Houses of the
Parliament of England, and by the Church, and Kingdome of Scotland,
after advice had with the Divines of both Kingdomes; Also concerning
an Act of Parliament to confirm the calling and sitting of the
Assembly of Divines: All which, with some other particulars concerning
Religion, expressed in the former Propositions, if they should now be
omitted in the setling of a Peace, the progresse already made, not
only in the Assembly of Divines, but in the Houses of Parliament in
setling Presbyteriall Government, with the Confession of Faith, yea
the Directory of publike Worship (though agreed upon by the Assemblies
and Parliaments of both Kingdomes) shall bee but so much lost labour.
But beside these omissions it may bee justly doubted whether there
be not in these Proposals of the Army, somewhat for Episcopacy,
and against the Covenant; For wee cannot understand the eleventh
Proposall, in any other sense, but that it supposeth the continuance
of the Ecclesiasticall office of Bishops or Prelats, as well as of
any other Church Officers, and taketh no more from the Prelats, but
coercive power or jurisdiction extending to civill penalties, which
indeed belongeth to no Ecclesiasticall Officers. In the twelfth
Proposall, we do not see, how it can avoid or shun the toleration of
Popery, Superstition, Heresie, Schisme, Profannesse, or whatsoever
works of darknesse shall be practised by such as despise the publike
Worship of God in the Church, and have the most unlawfull and wicked
meetings elsewhere under a profession of Religious duties, exercises
or ordinances. From the thirteenth Proposall, wee can make no other
result, but that in stead of enjoyning the taking of the Covenant,
under such penalties as the Parliaments in their wisdome shall agree
upon, the former ordinance of Parliament enjoyning the taking of it,
is desired to be repealed: and then what may bee the danger of those
that have taken, or shall take an oath of that kinde, not enjoyned nor
ratified by authority, wee leave it to bee judged by those who know
best the Lawes of that Kingdome.

One thing more wee cannot passe, that whereas in the Armies
Declaration, or Representation to the Parliament, dated June 14, 1647,
they mention their Brethren of Scotland, as having proceeded in the
vindication and defence of their just rights and liberties, much higher
than that Army hath done; Wee are necessitated to say this much for
clearing of these proceedings in this Nation reflected upon: They of
this Church and Kingdom who joyned together and associated themselves
in this Cause, first by humble Petitions, and afterwards by Covenant,
were so far from slighting or breaking that Covenant which was taken,
that it was the special visible character by which the friends of the
Cause were distinguished from the enemies thereof; and they were so far
either from crying down the Ministery and Ecclesiasticall Assemblies,
or from disobeying any Orders or Commands of Parliament, that a
Generall Assembly of the Church, and a Parliament, were two chief Heads
of their Petitions and desires, at that time when they had neither;
And when they had obtained a Generall Assembly and Parliament, they
chearfully submitted to both respectively.

And now the dangers of Religion in this Island being so great, as
there hath been lately a Solemne Humiliation throughout this Land,
upon occasion of these great and growing dangers; so we cannot but
still look upon them as matters of frequent Prayer and Humiliation
to our selves as well as our Brethren in England; there being much
sin in both Kingdomes procuring all this evill, and justly deserving
these, and heavier judgements. And as wee desire in the first place
to be humbled for our own sins, and the sins of this Nation, so
we trust, our Brethren will bee willing to be put in minde of the
necessity of their Humiliation and Repentance for the Nationall sins
of that Kingdome; which wee shall wish rather to be sadly considered
by them, then expressed by us. One thing we are confident of, that
God hath had a speciall controversie against his People of old for
the sin of a broken Covenant, and unwillingnesse to bee Reformed and
Purged according to the Word of the Lord; and that till these sinnes
were acknowledged and repented, his controversie did not take an end.
We are no lesse confident that the godly and well affected will in
tendernesse of conscience timely search out, weigh well, mourn for,
and study to remove all the causes of the Lords present controversie
against that Nation. What the honourable Houses of Parliament have
to bee humbled for, and to reform or amend, they have been (and we
trust still are) put in minde by such as are Ambassadours to them in
Christs stead at their solemn humiliations. For our part, as we have
alwayes mentioned them in our prayers, with thanksgivings also in their
behalfe, so we now most humbly beseech the Lord, to direct and blesse
them, and in their present difficulties to keep them by his Grace from
all sinfull compliance, especially from establishing iniquity by a
Law; to shew them why he contendeth with them, that the true cause of
his controversie may be removed, and that the glory of his Name, the
Kingdome, Crown, and Scepter of his Son Jesus Christ, with his Word,
Lawes, Ordinances, Trueth, Ministers, may be yet more set by in their
eyes, that they also may finde a further performance of the Word of the
Lord: Exalt her and she shall promote thee. And, them that honour mee,
I will honour.

We shall now by the mercies of God, and in the bowels of Jesus Christ,
earnestly beseech all those of whatsoever quality or condition in
England, who have entred into the same League and Covenant with us, and
especially the Houses of Parliament, the City of London, and Assembly
of Divines, that with sound Humiliation, fervent Prayer, and making
sure their Peace with God, they may joyne all care, faithfulnesse and
zeal, to hold fast the profession of their Faith without wavering,
against the many heresies and errors of these times; that they may
according to their places and callings endeavour to the utmost of
their power to prevent or hinder the laying aside or slighting of
the Covenant, the re-establishment of Episcopacy, and the toleration
of Popery, Prelacy, Heresie, Schisme, Superstition, or Profannesse,
and not suffer themselves, directly or indirectly, by whatsoever
combination, perswasion or terrour, to bee divided and withdrawn from
that blessed Union and Sacred Covenant, either to the contrary side,
or to a neutrality in this Cause, which so much concerneth the glorie
of God, the good of the Kingdomes, and the Honour of the King; but all
the dayes of their lives zealously and constantly continue therein
against all opposition, and promote the same according to their power
against all lets and impediments whatsoever, which things both they
and wee have solemnly and in the sight of God sworn unto. And as we
desired them to rest confident of the constancy of their Brethren
in this Nation, in adhering to that Covenant in all the Articles
thereof, which we shall by the Grace of Christ (without which we are
nothing) sincerly, really, and constantly pursue and promote, so far
as concerneth our Places and Callings; using our utmost endeavours
towards the suppression of those errors, which have so dangerously
hurt Religion in this Island: So, we expect confidently the like of
our Brethren in England united in Covenant with us, and that what ever
they may have cause to fear or bee called to suffer, yet the Lord will
so strengthen them by his grace, as that they may be able to say, All
this is come upon us, yet have we not forgotten thee, neither have we
dealt falsely in thy Covenant. And here is the wisdome and patience of
the Saints, to choose affliction rather then iniquity, to do duety in
the worst of times, and to trust God with events, and in so doing, to
hope to the end and wait upon the Lord, untill hee plead their cause
and execute judgement for them: So shall they bee more purified and not
made blacker (as, alas, some are) but whiter in times of tryall.

More particularly, wee do desire that Presbyteriall Government may be
setled and put in practise throughout that Kingdom, according to the
Word of God, and example of the best Reformed Churches: for without
this wee know no other proper and effectuall remedy against the present
dangers of Religion there, or for purging the Church from scandals,
which are destructive either to sound Doctrine, or to Godlinesse: And
herein we are confident, the experience of all the Reformed Churches
will bear witnesse with us. Nor do we doubt but in England also, time
and experience will more and more commend, not only the beautifull
order, but the great utility, yea, necessity of this Government, and
dispell all the clouds of aspersions and prejudices which it lieth
under among such as know it not, who ought therefore to beware of
speaking evill of the things they understand not. Yet we would not
have our zeal for Presbyteriall Government mis-understood, as if it
tended to any rigour or domineering over the flock, or to hinder and
exclude that instructing in meeknesse them that oppose themselves,
which the Apostolicall rule holds forth; or as if wee would have any
such to bee intrusted with that Government, as are found not yet
purged, either from their old profannesse, or from the Prelaticall
principles and practises which were but to put a piece of new cloath
unto an old garment, and so to make the rent worse; or to put new wine
into old bottles, and so to lose both wine and bottles. Yea who knows
whether this may not be one of the causes, (and not the least) why
the present Reformation succeeds the worse, even because of so little
repentance, either for the profannesse, or Prelaticall errours and
corruptions of divers who have acted in it: Neverthelesse, the right
hand of fellowship is to bee given to all such as bring forth fruits
meet for repentance, whatsoever their former errours or failings were.
And to our great joy, we understand that there are many learned, able,
godly, and prudent Ministers in that Kingdome, fit to be imployed in
that Government, together with such able and pious men, as are to be
joyned with them in the capacity of ruling Elders. It shall be a part
of our prayers, that the Lord of the Harvest may send forth many more
labourers in that Kingdome, where the Harvest is so great, and the
Labourers so few proportionably; and in the meane while, that such as
he hath already thrust out, may not be unemployed, as to the point of
Discipline and Government.

Nor lastly, doth our zeal for the Covenant and Presbyteriall Government
abate or diminish any thing at all from our Loyalty and Duety to the
Kings Majesty, although Incendiaries and Enemies spare not to reproach
this Church and Kingdome with Disloyaltie; Yet such calumnies will
easily be repudiate by all who will examine the whole course of the
publicke proceedings in this Nation, in reference to the King; and
particularly the Declaration of the Parliament of this Kingdome, dated
January 16, 1647. Wherefore passing all such calumnies, which cannot
but be hatefull to God and good men, wee do clearly and candidly
professe, That the Covenant and Presbyteriall Government are so far
from hindering or excluding our duety to the King, that it is thereby
very much strengthened and supported; for our giving to God what is
Gods doth not hinder us, but help us, to give unto Cæsar what is
Cæsars. And wee earnestly wish his Majesties Royall heart may bee
graciously inclined to the just desires of his good Subjects in both
Kingdomes, and to that happy settlement of Truth and Peace, Religion
and Righteousnesse, which may bee as well for the establishment of his
own Throne, as for the good of his people.

Now the Prince of Peace Himself, grant this afflicted People, tossed
with tempests and not comforted, a safe and wel-grounded Peace,
bring light out of the present darknesse, and order out of all these
confusions, give unto all who are waiting for the consolation of
Israel good hope through grace, comfort their hearts, stablish them in
every good word and work, make his Cause to triumph at last over all
opposition, and the enemies foot to slide in due time, and so put a new
Song of praise in the mouths of his people. AMEN.


24 August, 1647. Ante Meridiem. Sess. XIX.

  _Act for observing the Directions of the Generall Assembly for Secret
  and Private Worship, and mutuall edification, and for censuring such
  as neglect Familie Worship._

The Generall Assembly, after mature deliberation, doth approve the
following Rules and Directions, for cherishing Piety and preventing
Division and Schisme, and doth appoint Ministers and Ruling Elders
in each Congregation to take speciall care that these Directions be
observed and followed; As likewise that Presbyteries and Provinciall
Synods enquire and make tryall whether the saids Directions bee duely
observed in their bounds, and to reprove or censure (according to the
quality of the offence) such as shall bee found to bee reproveable or
censurable therein. And to the end that these Directions may not be
rendred ineffectuall and unprofitable among some through the usuall
neglect of the very substance of the duty of Family Worship, The
Assembly doth further require and appoint Ministers and Ruling Elders,
to make diligent search and enquiry in the Congregations committed to
their charge respectively, whether there bee among them any Family or
Families which use to neglect this necessary duty; And if any such
Family be found, the head of that Family is to be first admonished
privately to amend this fault; And in case of his continuing therein,
he is to be gravely and sadly reproved by the Session. After which
reproof, if he be found still to neglect Familie Worship, Let him be
for his obstinacy, in such an offence, suspended and debarred from the
Lords Supper, as being justly esteemed unworthy to communicate therein
till he amend.


  _The Directions of the Generall Assembly, for Secret and Private
  Worship and mutuall edification, for cherishing Piety, for
  maintaining Unitie, and avoiding Schisme and Division._

Besides the publike Worship in Congregations, mercifully established
in this Land, in great purity; It is expedient and necessary, that
Secret Worship of each person alone, and Private Worship of Families be
pressed and set up: That with Nationall Reformation, the profession and
power of Godlinesse both Personall and Domestick bee advanced.

I. And first for Secret Worship; It is most necessar, that every
one apart and by themselves be given to Prayer and Meditation, The
unspeakable benefit whereof is best known to them who are most
exercised therein: This being the meane whereby in a speciall way
communion with God is entertained, and right preparation for all other
duties obtained: And therefore it becometh not onely Pastors, within
their severall Charges, to presse Persons of all sorts to performe
this dutie Morning and Evening, and at other occasions, but also it
is incumbent to the head of every Family, to have a care that both
themselves and all within their charge be daily diligent herein.

II. The ordinar duties comprehended under the exercise of Pietie, which
should be in Families when they are conveened to that effect, are
these: First, Prayer and Praises performed, with speciall reference as
well to the publike condition of the Kirk of God and this Kingdome,
as to the present case of the Familie, and every member thereof. Next,
Reading of Scriptures with Catechizing in a plaine way, that the
understandings of the simpler may be the better enabled to profit under
the publike Ordinances, and they made more capable to understand the
Scriptures when they are read; Together with godly conferences tending
to the edification of all the members in the most holy faith: As also,
admonition and rebuke upon just reasons from these who have Authority
in the Familie.

III. As the Charge and Office of interpreting the holy Scriptures, is
a part of the Ministeriall calling, which none (howsoever otherwise
qualified) should take upon him in any place, but he that is duely
called thereunto by God and his Kirk: So in every Familie where there
is any that can read, The holy Scriptures should be read ordinarily to
the Family; And it is commendable that thereafter they confer, and by
way of conference make some good use of what hath beene read and heard:
As for example, if any sin be reproved in the Word read, use may bee
made thereof, to make all the Familie circumspect and watchfull against
the same; Or, if any judgement be threatned or mentioned to have beene
inflicted in that portion of Scripture which is read, use may bee made
to make all the Familie fear, lest the same or a worse judgement befall
them, unlesse they beware of the sin that procured it: And finally, if
any duety bee required, or comfort held forth in a promise, use may bee
made to stirre up themselves to imploy Christ for strength to enable
them for doing the commanded duty, and to apply the offered comfort; In
all which the Master of the Familie is to have the chief hand. And any
member of the Familie may propone ane question or doubt for resolution.

IIII. The head of the Family is to take care that none of the Familie
withdraw himself from any part of Familie Worship: And seeing the
ordinar performance of all the parts of Family-worship belongeth
properly to the head of the Family, The Minister is to stirre up such
as are lasie, and traine up such as are weak to a fitnesse for these
exercises. It being alwayes free to persons of qualitie to entertain
one approven by the Presbyterie for performing Familie Exercise;
And in other families where the head of the Familie is unfit, that
another constantly residing in the Familie approven by the Minister
and Session, may be imployed in that service; Wherein the Minister and
Session are to be countable to the Presbyterie. And if a Minister by
divine providence bee brought to any Familie, It is requisite, that
at no time he conveen a part of the Familie for Worship secluding the
rest; Except in singular cases, specially concerning these parties,
which (in Christian prudence) need not, or ought not to bee imparted to
others.

V. Let no Idler who hath no particular calling, or vagrant person under
pretence of a calling, be suffered to perform Worship in Families,
to or for the same: Seeing persons tainted with errours or aiming at
division, may be ready (after that manner) to creep into houses and
lead captive silly and unstable souls.

VI. At Family Worship a speciall care is to be had, that each Familie
keep by themselves; Neither requiring, inviting, nor admitting persons
from divers Families; Unlesse it be these who are lodged with them or
at meal, or otherwise with them upon some lawfull occasion.

VII. Whatsoever hath been the effects and fruits of meetings of persons
of divers Families in the times of corruption or trouble (in which
cases many things are commendable, which otherwise are not tolerable)
Yet when God hath blessed us with Peace and the purity of the Gospel,
such meetings of persons of divers Families (except in the cases
mentioned in these Directions) are to be disapproved, as tending to the
hinderance of the Religious exercise of each Familie by it self, to the
prejudice of the publike Ministery, to the renting of the Families of
particular Congregations, and (in progresse of time) of the whole Kirk;
besides many offences which may come thereby, to the hardning of the
hearts of carnall men, and grief of the godly.

VIII. On the Lords Day, after every one of the Family apart, and
the whole Family together have sought the Lord (in whose hands the
preparation of mens hearts are) to fit them for the publike Worship,
and to blesse to them the publike Ordinances; The Master of the Familie
ought to take care that all within his charge repair to the publike
Worship, that he and they may joyne with the rest of the Congregation;
And, the publike Worship being finished, after prayer, he should take
an account what they have heard, And thereafter to spend the rest
of the time which they may spare, in Catechising and in spirituall
conferences upon the Word of God; Or else (going apart) they ought
to apply themselves to reading, meditation, and secret prayer, that
they may confirme and increase their Communion with God; That so the
profit which they found in the publike Ordinances may bee cherished and
promoved, and they more edified unto eternall life.

IX. So many as can conceive prayer, ought to make use of that gift of
God: Albeit these who are rude and weaker may begin at a set form of
prayer; But so, as they bee not sluggish in stirring up in themselves
(according to their daily necessities) the spirit of prayer, which is
given to all the children of God in some measure. To which effect, they
ought to be the more fervent and frequent in secret prayer to God, for
enabling of their hearts to conceive, and their tongues to expresse
convenient desires to God for their Familie. And in the mean time,
for their greater encouragement, let these materialls of prayer be
meditated upon, and made use of, as followeth.

       *       *       *       *       *

Let them confesse to God how unworthy they are to come in his presence,
and how unfit to worship his Majesty; And therefore earnestly ask of
God the spirit of prayer.

They are to confesse their sins, and the sins of the Familie, accusing,
judging, and condemning themselves for them, till they bring their
souls to some measure of true humiliation.

They are to pour out their souls to God, in the Name of Christ, by the
spirit, for forgivinesse of sins, for Grace to repent, to believe, and
to live soberly, righteously, and godly; and that they may serve God
with joy and delight, walking before him.

They are to give thanks to God for his many mercies to his People, and
to themselves, and especially for his love in Christ, and for the light
of the Gospel.

They are to pray for such particular benefits, Spirituall and
Temporall, as they stand in need of for the time, (whether it be
Morning or Evening) as health or sicknesse, prosperitie or adversitie.

They ought to pray for the Kirk of Christ in general, for all the
Reformed Kirks, and for this Kirk in particular, and for all that
suffer for the Name of Christ, for all our Superiours, The Kings
Majesty, the Queene, and their Children, for the Magistrates,
Ministers, and whole body of the Congregation whereof they are
members, as well for their Neighbours absent in their lawfull affaires,
as for those that are at home.

The prayer may be closed with an earnest desire, that God may be
glorified in the comming of the Kingdome of his Son, and in the doing
of his will; And with assurance that themselves are accepted, and what
they have asked according to his will shall be done.

       *       *       *       *       *

X. These exercises ought to be performed in great sinceritie without
delay, laying aside all Exercises of worldly businesse or hinderances,
Notwithstanding the mockings of Atheists, and profane men; In respect
of the great mercies of God to this Land, and of his severe Corrections
wherewith lately he hath exercised us. And to this effect, persons
of eminency (and all Elders of the Kirk) not onely ought to stir up
themselves and their Families to diligence herein; But also to concurre
effectually, that in all other Families, where they have Power and
Charge, the said exercises be conscionably performed.

XI. Besides the ordinary duties in Families which are above mentioned,
extraordinary duties both of humiliation and thanksgiving are to
bee carefully performed in Families, when the Lord by extraordinary
occasions (private or publike) calleth for them.

XII. Seeing the Word of God requireth, That wee should consider one
another to provoke unto love and good works; Therefore, at all times,
and specially in this time wherein profanitie abounds, and mockers
walking after their own lusts think it strange that others run not
with them to the same excesse of riot, Every member of this Kirk
ought to stir up themselves and one another to the duties of mutuall
Edification, by instruction, admonition, rebuke, exhorting one another
to manifest the Grace of God, in denying ungodlinesse and worldly
lusts, and in living godly, soberly, and righteously in this present
world, by comforting the feeble minded, and praying with, or, for one
another; Which duties respectively are to be performed upon speciall
occasions offered by divine providence; As namely, when under any
calamity, crosse, or great difficultie, counsell or comfort is sought,
Or when an offender is to bee reclaimed by private admonition, and if
that be not effectuall, by joyning one or two more in the admonition,
according to the rule of Christ; that in the mouth of two or three
witnesses every word may be established.

XIII. And because it is not given to every one to speak a word in
season to a wearied or distressed conscience, It is expedient, that a
person (in that case) finding no case after the use of all ordinary
means private and publike, have their addresse to their own Pastour, or
some experienced Christian: But, if the person troubled in conscience
be of that condition, or of that sex, that discretion, modesty, or fear
of scandall, requireth a godly grave and secret friend to be present
with them in their said addresse, It is expedient that such a friend be
present.

XIV. When persons of divers Families are brought together by divine
providence, being abroad upon their particular Vocations, or any
necessary occasions, As they would have the Lord their God with them
whithersoever they go, they ought to walk with God, and not neglect
the duties of Prayer and Thanksgiving, but take care that the same
be performed by such as the company shall judge fittest: And that
they likewise take heed that no corrupt communication proceed out of
their mouth, but that which is good, to the use of edifying, that
it may minister grace to the hearers. The drift and scope of all
these Directions is no other, but that upon the one part, the power
and practice of godlinesse among all the Ministers and Members of
this Kirk, according to their severall places and vocations, may be
cherished and advanced, and all impietie and mocking of Religious
Exercises suppressed; And upon the other part, that under the name
and pretext of Religious Exercises, no such meetings or practices be
allowed, as are apt to breed Error, Scandall, Schisme, contempt or
misregard of the publike Ordinances and Ministers, or neglect of the
duties of particular Callings, or such other evils as are the works not
of the Spirit but of the Flesh, and are contrary to Truth and Peace.


  _Act against such as withdraw themselves from the publike Worship in
  their own Congregation._

Since it hath pleased God of his infinite goodnesse to blesse his
Kirk within this Nation, with the riches of the Gospel, in giving to
us his Ordinances in great purity, liberty, and withall, a comely
and well established order: The Assembly, in the zeal of God, for
preserving Order, Unitie and Peace in the Kirk, for maintaining that
respect which is due to the Ordinances and Ministers of Jesus Christ,
for preventing Schisme, noysome Errours, and all unlawfull Practices,
which may follow on the Peoples withdrawing themselves from their
own Congregations, Doth charge every Minister to bee diligent in
fulfilling his Ministerie, to be holy and grave in his conversation,
to be faithfull in Preaching, declaring the whole counsell of God, and
as he hath occasion from the Text of Scripture to reprove the sins
and errours, and presse the duties of the time; and in all those, to
observe the rules prescribed by the Acts of Assembly; wherein if he
be negligent, he is to be censured by his own Presbytery. As also
Ordains every Member in every Congregation to keep their own Paroch
Kirk, to communicate there in the Word and Sacraments; And if any
person or persons shall hereafter usually absent themselves from their
own Congregations, except in urgent cases made known to, and approven
by the Presbytery, The Ministers of these Congregations whereto
they resort, shall both in publike by Preaching, and in private by
admonition, shew their dislike of their withdrawing from their own
Minister; That in so doing, they may witnesse to all that heare them,
their due care to strengthen the hands of their fellow-labourers in the
work of the Lord, and their detestation of any thing that may tend to
separation, or any of the above mentioned evils; Hereby their own Flock
will be confirmed in their stedfastnesse, and the unstable spirits of
others will be rectified. Likeas the Minister of that Congregation
from which they do withdraw, shall labour first by private admonition
to reclaim them; And if any after private admonition given by their
own Pastour do not amend, in that case the Pastour shall delate the
foresaid persons to the Session, who shall cite and censure them as
contemners of the comely order of the Kirk; And if the matter be not
taken order with there, It is to bee brought to the Presbytery: For
the better observing whereof, the Presbyteries at the Visitation of
their severall Kirks, and Provincial Assemblies, in their censure of
the severall Presbyteries, shall enquire hereanent: Which inquirie
and report shall be registrate in the Provinciall Books, that their
diligence may be seen in the Generall Assembly.


26 August, 1647. Post Meridiem. Sess. XXII.

  _Approbation of the proceedings of the Commission of the preceeding
  Assembly._

The Generall Assembly after mature deliberation, do ratifie and approve
the whole Acts and Conclusions of the Commissioners of the preceeding
Assembly for publike affaires now tryed and examined; Declaring that
they have proceeded therein with much zeal, wisdome, vigilancie, and
according to their Commission.


27 August, 1647. Ante Meridiem. Sess. XXIII.

  _Approbation of the Confession of Faith._

A Confession of Faith for the Kirks of God in the three Kingdomes,
being the chiefest part of that Uniformity in Religion which by
the Solemne League and Covenant we are bound to endeavour; And
there being accordingly a Confession of Faith agreed upon by the
Assembly of Divines sitting at Westminster, with the assistance of
Commissioners from the Kirk of Scotland; Which Confession was sent
from our Commissioners at London to the Commissioners of the Kirk met
at Edinburgh in January last, and hath been in this Assembly twice
publikely read over, examined, and considered; Copies thereof being
also Printed, that it might be particularly perused by all the Members
of this Assembly, unto whom frequent intimation was publikely made,
to put in their doubts and objections if they had any; And the said
Confession being upon due examination thereof found by the Assembly to
bee most agreable to the Word of God, and in nothing contrary to the
received Doctrine, Worship, Discipline, and Government of this Kirk:
And lastly, it being so necessary and so much longed for, That the
said Confession be with all possible diligence and expedition approved
and established in both Kingdoms, as a principall part of the intended
Uniformity in Religion, and as a speciall means for the more effectuall
suppressing of the many dangerous errours and heresies of these times;
The Generall Assembly doth therefore after mature deliberation Agree
unto and Approve the said Confession as to the truth of the matter
(judging it to be most orthodox and grounded upon the Word of God)
and also as to the point of Uniformity, Agreeing for our part that it
be a common Confession of Faith for the three Kingdoms. The Assembly
doth also blesse the Lord, and thankfully acknowledge his great
mercy, in that so excellent a Confession of Faith is prepared, and
thus far agreed upon in both Kingdomes; which we look upon as a great
strengthning of the true Reformed Religion against the common enemies
thereof. But lest our intention and meaning be in some particulars
misunderstood, It is hereby expressly Declared and Provided, that the
not mentioning in this Confession the severall sorts of Ecclesiasticall
Officers and Assemblies, shall be no prejudice to the Truth of Christ
in these particulars to be expressed fully in the Directory of
Government. It is further Declared, that the Assembly understandeth
some parts of the second Article of the thirty one Chapter, only of
Kirks not settled or constituted in point of Government; And that
although in such Kirks, a Synod of Ministers and other fit persons
may be called by the Magistrates authority and nomination without any
other Call, to consult and advise with about matters of Religion;
And although likewise the Ministers of Christ without delegation from
their Churches, may of themselves, and by vertue of their Office meet
together Synodically in such Kirks not yet constituted; Yet neither
of these ought to be done in Kirks constituted and setled: It being
alwayes free to the Magistrate to advise with Synods of Ministers and
ruling Elders meeting upon delegation from their Churches, either
ordinarily, or being indicted by his Authority occasionally and _pro
re nata_; It being also free to assemble together Synodically, as
well _pro re nata_, as at the ordinary times upon delegation from the
Churches, by the intrinsicall power received from Christ, as often as
it is necessary for the good of the Church so to assemble, in case the
Magistrate to the detriment of the Church withhold or deny his consent,
the necessity of occasionall Assemblies being first remonstrate unto
him by humble supplication.


Edinburgh, 28 August, 1647. Ante Meridiem. Sess. XXV.

  _Act for revising the Paraphrase of the Psalmes brought from England,
  with a recommendation for Translating the other Scripturall Songs in
  Meeter._

The Generall Assembly, having considered the report of the Committee,
concerning the Paraphrase of the Psalmes sent from England: And finding
that it is very necessary, that the said Paraphrase be yet revised;
Therefore doth appoint Master John Adamson to examine the first fourty
Psalmes, Master Thomas Craufurd the second fourty, Master John Row the
third fourty, and Master John Nevey the last thirty Psalms of that
Paraphrase; and in their Examination they shall not only observe what
they think needs to be amended, but also to set downe their own essay
for correcting thereof: And for this purpose recommends to them, to
make use of the travels of Rowallen, Master Zachary Boyd, or of any
other on that subject, but especially of our own Paraphrase, that what
they finde better in any of these Works may be chosen: and likewise
they shall make use of the animadversions sent from Presbyteries,
who for this cause are hereby desired to hasten their observations
unto them; And they are to make report of their labours herein to the
Commission of the Assembly for publike affaires against their first
meeting in February next: And the Commission after revising thereof,
shall send the same to Provinciall Assemblies, to bee transmitted to
Presbyteries, that by their further consideration, the matter may
be fully prepared to the next Assembly: And because some Psalmes in
that Paraphrase sent from England are composed in verses which do not
agree with the Common-tunes, Therefore it is also recommended that
these Psalms be likewise turned in other verses which may agree to the
Common-tunes, that is, having the first line of eight syllabs, and the
second line of six, that so both versions being together, use may bee
made of either of them in Congregations as shall be found convenient:
And the Assembly doth further recommend, That M. Zachary Boyd be at
the paines to translate the other Scripturall Songs in meeter, and to
report his travels also to the Commission of Assembly, that after their
Examination thereof, they may send the same to Presbyteries to be there
considered untill the next Generall Assembly.


  _Act recommending the execution of the Act of Parliament at Perth,
  for uplifting pecuniall paines to bee imployed upon pious uses, and
  of all Acts of Parliament made against excommunicate Persons._

The Generall Assembly doth seriously Recommend and Ordaine, That
Presbyteries diligently endeavour that the ninth Act of the Parliament
holden at Perth, Anno 1645, Concerning the uplifting of pecuniall
paines to bee imployed upon pious uses, may bee put to due execution
within their severall bounds; And also that the Acts of Parliament
against excommunicate Persons, especially the twentieth Act of the
Parliament in March last, be also carefully execute: And that they
cause use all diligence to that effect, And account hereof shall bee
required in Provinciall and Generall Assemblies.


Ult August, 1647. Ante Meridiem. Sess. XXVII.

  _Act discharging the importing, venting or spreading of erronious
  Books or Papers._

The Generall Assembly considering how the errours of Independency and
Separation (have in our Neighbour Kingdome of England) spread as a
Gangræn, and do daily eat as a Canker; In so much that exceeding many
Errours, Heresies, Schismes, and Blasphemies, have issued therefrom,
and are sheltered thereby; And how possible it is, for the same evils,
to invade, and overspread this Kirk and Kingdome, (lying within the
same Island) by the spreading of their erronious Books, Pamphlets,
Lybels, and Letters, and by conversing with them that are infected with
these errours, except the same be timeously prevented; Doe therefore,
In the name of God, Inhibit and Discharge all Members of this Kirk
and Kingdome, to converse with Persons tainted with such errours; Or
to import, sell, spread, vent, or disperse such erronious Books or
Papers: But that they beware of, and abstain from Books maintaining
Independencie or Separation, and from all Antinomian, Anabaptisticall,
and other erronious Books and Papers; Requiring all Ministers to warne
their flocks against such Bookes in generall, and particularly such as
are most plausible, insinuating, and dangerous: And to try carefully
from time to time if any such Bookes bee brought into this Countrey
from England, or from beyond Seas (which is especially recommended to
Ministers on Sea Coasts, or Towns where any Stationers are) and if
any shall be found, to present the same to the Presbyterie, that some
course may be taken to hinder the dispersing thereof: And hereby all
Presbyteries, and Synods, are ordained to try and Processe such as
shall transgresse against the premisses or any part of the same. And
the Assembly also doth seriously recommend to Civill Magistrates, that
they may be pleased to be assisting to Ministers and Presbyteries in
execution of this Act, and to concurre with their authority in every
thing to that effect.


  _Act for debarring of Complyers in the first Classe from
  Ecclesiastick office._

The Generall Assembly Declares and Ordaines, That no Person who is
guilty of Complyance in the first Classe mentioned in the Act of
the preceeding Assembly, shall bee received in any Ecclesiasticall
charge, untill the evidence of his repentance before the Presbyterie
and Congregation be reported to the Synode to which he belongs, and
to the Generall Assembly, and their consent obtained for his bearing
office. And if any such Person be already received unto the Eldership
of any particular Congregation, yet he shall not be admitted to be a
Member of any Presbyterie, Synode, or Generall Assemblie, untill (upon
the evidence of his repentance) the consent and approbation of these
Judicatories respectively bee obtained thereto.


_Act for pressing and furthering the plantation of Kirks._

The Generall Assembly considering how the Work of Provision,
Plantation, convenient Dividing, Dismembring, better uniting or
enlarging of Parish Kirks is hitherto foreflowed, to the great
prejudice of many Ministers, many good People, and hinderance of the
Work of Reformation; Doth therefore Ordaine, That all Presbyteries have
special care that the present opportunity bee diligently improved by
all their Members, as need is, before the Commission for Plantation
of Kirks, as they would not be found censurable for neglect. And that
every Presbytery send in to the next Generall Assembly the names of all
their Parishes, with declaration which of them have Ministers, which
not, what is the largenesse of the bounds, commodious or incommodious
situation of each Parish Kirk, what is the number of Communicants,
what Kirks are under Patrons, what not, who are the severall Patrons,
what is the nature and quantitie of the present provision, or possible
ground of further provision for competent Maintenance, where the same
is not sufficiently provided already: As also, what Parishes are
united or disunited or bettered already, and in what measure by the
said Commission; That the Generall Assembly being acquaint therewith,
may doe accordingly both for censuring Neglecters, and finding out
Overtures for better furtherance of the Work for time to come. Moreover
it is hereby Ordained, That the next ensuing Provinciall Synodes, crave
account of the severall Presbyteries their diligence, And presse that
they have it ready in writ to present to the Provinciall Synodes in
April next to come, that so all may bee in readinesse and the full
account made at the next Generall Assembly.


_Act for censuring absents from the Generall Assemblie._

The Generall Assembly considering the absence of many Commissioners in
this and other preceeding Assemblies, and that many of those present
have gone from the Assembly before the dissolving thereof: Therefore,
for remedie hereof in time coming, Doth Ordaine, that hereafter, Every
Commissioner from Presbyteries and Universities who shall be absent
from the Assembly without a reasonable excuse notified to the Assembly,
Or who being present shall goe from the Assembly before the dissolving
thereof without licence, shall be suspended by the Assembly untill the
Provinciall Synode next thereafter following.


_Renovation of former Acts of Assembly for Triall and Admission of
Expectants to the Ministerie._

The Generall Assembly, doth hereby renew and confirme all former
Acts and Ordinances for triall and admission of Expectants to the
Ministery; Especially the Articles thereanent allowed by the Generall
Assembly 1596, and approven in the Assemblie at Glasgow 1638. The
thirteenth Article concerning the age of intrants to the Ministery
and the twentie fourth Article concerning the triall of Expectants,
Of an Act of the said Assembly at Glasgow, Sess. 23. And the Act
of the Assembly at S. Andrews 1642, Sess. 7. concerning Lists for
presentations from the King, and the trial of Expectants, &c. Ordaining
Presbyteries to observe the same carefully in all time coming.


Eodem die, Sess. XXVIII. Post Meridiem.

_Renovation of the Commission for prosecuting the Treaty for Uniformity
in England._

The Generall Assembly, Taking to their consideration that the Treaty
of Uniformity in Religion in all his Majesties Dominions is not yet
perfected; Therefore, Renews the Power and Commission granted by
preceeding Assemblies for prosecuting that Treaty, unto these Persons
afternamed, viz. Master Robert Douglas, Master Samuel Rutherfurd,
Master Robert Baillie, Master George Gillespie, _Ministers_: And John
Earle of Lauderdaill, John Lord Balmerino, and Sir Archibald Johnstoun
of Waristoun, _Elders_; Authorizing them with full Power to prosecute
the said Treaty of Uniformity with the Honourable Houses of the
Parliament of England, and the Reverend Assembly of Divines there, or
any Committees appointed by them: And to doe all and every thing which
may advance, perfit, and bring that Treaty to an happy conclusion,
conforme to the Commissions given thereanent.


_Renovation of the Commission for the publike affaires of the Kirk._

The Generall Assembly taking to their consideration, that in respect
the great Work of Uniformity in Religion in all his Majesties Dominions
is not yet perfected, (though by the Lords blessing there is a good
progresse made in the same) there is a necessity of renewing the
Commissions granted formerly for prosecuting and perfecting that great
Work; Doe therefore renew the Power and Commission granted for the
publike Affaires of the Kirk by the Generall Assemblies held in S.
Andrews 1642, and at Edinburgh 1643, 1644, 1645, and 1646, unto the
Persons following, viz. Masters, Alexander Casse, Samuel Douglas,
Robert Knox, William Penman, James Guthrie, Robert Cuninghame, David
Fletcher, Robert Lawder, Andrew Stevenson, Robert Davidson, David
Calderwood, James Fleming, Robert Ker, James Fairlie, Oliver Colt,
Patrick Sibbald, Andrew Ramsay, John Adamson, Robert Douglas, William
Colvill, George Gillespie, Mungo Law, Andrew Fairfoul, George Lesly,
Robert Lawrie, Alexander Spittle, Alexander Dickson, John Hay, Thomas
Vassie, Ephraim Melvill, Patrick Scheill, Alexander Simmervail, George
Bennet, Alexander Levingstoun, Robert Murray, Alexander Rollock,
William Menzies, Alexander Ireland, John Friebairn, George Murray,
Henry Guthrie, William Justice, Robert Wright, Henrie Livingstoun,
James Hammiltoun, George Gladstanes, Bernard Sanderson, Andrew
Lawder, George Rutherfurd, John Levingston, George Hutcheson, John
Bell, Heugh Mackaile, John Nevey, Matthew Brisbane, John Hammiltoun,
Allan Ferguson, David Dickson, Zachary Boyd, Robert Ramsay, Robert
Baillie, James Nasmith, Francis Aird, Robert Birnie, Thomas Kirkaldie,
Evan Cameron, Robert Blair, Coline Adam, George Hammiltoun, Samuel
Rutherfurd, Alexander Colvill, John Ramsay, James Martein, William
Levingstoun, Thomas Melvill, John Smith, Fredrick Carmichaell,
Patrick Gillespie, Alexander Moncrief, John Duncan, James Sibbald,
Walter Bruce, George Pittillo, Andrew Affleck, John Barclay, Thomas
Peirson, William Rait, David Strachan, Andrew Cant, William Douglas,
John Forbes, George Sharp, William Chalmer, Joseph Brodie, Alexander
Simmer, Gilbert Anderson, William Smith, _Ministers_; And Archibald
Marques of Argile, John Earle of Crawfurd, Alexander E. of Eglintoun,
William E. of Glencairne, John E. of Cassils, James E. of Home, James
E. of Tullibairdine, Francis E. of Bukcleuch, John E. of Lawderdaill,
William E. of Lothian, James E. of Finlatour, William E. of Lanerk,
James Earle of Callendar, Archibald Lord Angus, George L. Brichen, John
L. Yester, John L. Balmerino, James L. Cowper, John Lord Barganie, Sir
Archibald Johnstoun of Waristoun, Sir John Hope of Craighall, Arthur
Areskine of Scotiscraig, Alexander Fraser of Phillorth, Frederick Lyon
of Brigtoun, James Mackdougall of Garthland, Sir William Cockburne of
Langton, Sir Andrew Ker of Greinheid, Sir Heugh Campbell of Cesnock,
Sir James Levingstoun of Kilsyth, Sir Thomas Ruthven of Freeland, Sir
Gilbert Ramsay of Balmayne, John Henderson of Fordell, Walter Dundas
younger of that ilk, Sir William Scot younger of Harden, Sir Lodovick
Gordoun, Master George Winrhame of Libertoun, Alexander Levingstoun
of Saltcoats, John Birsbane of Bishoptoun, Sir Robert Douglas of
Tilliquhillie, James Pringle of Torwoodlie, Sir Iames Nicolsone of
Colbrandspath, William Ker of Newtoun, William Forbes younger of Lesly,
John Kennedy of Carmucks, Robert Arburthnot of Findowrie, Alexander
Brodie of Letham, Master Robert Narne younger of Strathurd, Master
James Schoneir of Caskeberrie, James Ruchheid, Lawrence Hendersone,
James Stewart, David Douglas, John Jaffray, George Porterfield, John
Semple, John Kennedy, William Glendinning, Master John Cowan, John
Mill, _Elders_: Giving unto them full power and Commission, to doe all
and every thing for prosecuting, advancing, perfecting, and bringing
the said Work of Uniformity in Religion in all his Majesties Dominions
to a happy conclusion, conform to the former Commissions granted by
preceding Assemblies thereanent: And to that effect, Appoints them
or any seventeene of them, whereof thirteene shall bee Ministers, to
meet heer in this City in the afternoone at four hours, and thereafter
upon the last Wednesdayes of November, February, and May next, and
upon any other day, and in any other place they shall think fit.
Renewing also to the Persons before named, the Power contained in the
Act of the Assembly 1643, intituled, A reference to the Commission
anent the Persons designed to repaire to the Kingdome of England; As
likewise the Power contained in the Act of Assemblie 1644, Sess. 6.
for sending Ministers to the Armie. And further, in case Delinquents
have no constant residence in any one Presbyterie, Or if Presbyteries
be negligent or averawed, in these cases, The Assemblie gives to the
Persons before named, full power of censuring Complyers and Persons
disaffected to the Covenant according to the Acts of Assemblie;
Declaring always and Providing, that Ministers shall not bee deposed
but in one of the Quarterly meetings of this Commission; With full
power to them to treat and determine in the matters aforesaid, and in
all other matters referred unto them by this Assemblie, as fully and
freely as if the same were here particularly expressed, and with as
ample power as any Commission of any former Generall Assemblies hath
had, or been in use of before, They being alwayes for their whole
proceedings countable to, and censurable by the next Generall Assembly.


_Desires and Overtures from the Commissioners of Universities; and the
Assemblies answer thereto._

1. The Commissioners of Universities represents to the Assembly: First,
That the Overtures of the Assembly 1643, for the visitation of Schools
and advancement of Learning are very much neglected.

  The Assembly recommends to Synodes to take account of the observation
  of these Overtures.

2. That it were good to exhort all the Universities, to be carefull to
take account of all their Schollers on the Sabbath-day of the Sermons,
and of their lessons of the Catechisme.

  The Assembly approves this Overture, and recommends accordingly.

3. That all the Universities bee exhorted to send their Commissioners
instructed with answers to the Overtures agreed upon by the
Commissioners of Universities, and which from this meeting of their
Commissioners shall bee communicate to them, and this to bee when their
Commissioners come in Februar or March to the Commission of the Kirk.

  The Assemblie recommends to Universities to bee carefull hereof.

4. That the Overtures concerning the providing of Bursars for Divinity
be recommended to Presbyteries and Synodes, and that they report their
diligence to the next Assembly.

  The Assembly allowes this Article, and recommends accordingly.


Edinburgh, 1 September, 1647. Sess. Ult.

_The Assemblies Letter to their Countreyman in Poleland, Swedland,
Denmarke, and Hungarie._

  Unto the Scots Merchants and others our Countrey-People scattered
  in Poleland, Swedland, Denmarke, and Hungary; The Generall Assembly
  of the Kirk of Scotland wisheth Grace Mercy and Peace from God our
  Father, and from the Lord Jesus Christ.

Although this Kirk of Scotland, whiles spoiled of her Liberties
under the Prelaticall tyrannie, had much difficultie and wrestling
to preserve the true reformed Religion from being quite extinguished
among our selves; yet since the mighty and out-stretched arme of the
Lord our God hath brought us out of that Egypt, and hath restored to
us well constituted and free nationall Synods, It hath been our desire
and endeavour to set forward the Kingdom of our Lord Jesus Christ
and the purity of his Ordinances, not only throughout this Nation,
but in other parts also so far as God gave us a call and opportunity
and opened a way unto us. And among other things of this nature we
have more particularly taken into our serious thoughts the sad and
lamentable condition of many thousands of you our Country-men who are
scattered abroad as sheepe having no shepherd, and are through the want
of the meanes of knowledge grace and salvation, exposed to the greatest
spirituall dangers, whether through ignorance or through manifold
tentations to errors and false Religions, or through the occasions and
snares of sinne.

We have therefore thought it incumbent to us to put you in minde of
the one thing necessary, while you are so carefull and troubled about
the things of the world. And although we do not disallow your going
abroad to follow any lawfull calling or way of livelyhood, yet seeing
it cannot profit a man although he should gain the whole world and
lose his own soul, and seeing you have travelled so farre, and taken
so much pains to get uncertain riches which cannot deliver in the day
of the wrath of the Lord, and which men know not who shall inherit; We
doe from our affection to the salvation of your immortall souls most
earnestly beseech and warn you to cry after knowledge and lift up your
voyce for understanding, seeking her as silver, and searching for her
as for hid treasures, and so play the wise Merchants in purchasing
the Pearl of price, and in laying up a sure foundation for the time
to come, by acquainting your souls with Jesus Christ, and by faith
taking hold of him whose free grace is now offered and held out to
sinners, excluding none among all the kindreds of the earth who will
come unto him. God forbid that you should let slip the time and offers
of grace, or neglect any warning of this kinde sent to you in the name
of the Lord. We shall hope better things of you, and that knowing the
acceptable time and the day of salvation will not alwayes last, but the
Lord Jesus is to be revealed from Heaven with his mighty Angels, in
flaming fire taking vengeance on them that know not God and obey not
the Gospel, you will the rather bestirre your selves timely and with
all diligence to seek the Lord while he may bee found, to endeavour
that you may have among you the ordinary means of grace and salvation,
to pray that God would give you Pastors according to his heart, who
shall feede you with knowledge and understanding, to consult also and
agree among your selves with consent of your Superiors under whom you
live (whose favour and good will we trust will not be wanting to you
in so good and necessary a work) for setting up the worship of God and
Ecclesiasticall Discipline among you according to the form established
and received in this your mother Kirk, and for a way of setled
maintenance to Pastors and Teachers; Which if you do, our Commissioners
appointed to meet from time to time in the intervall betwixt this and
the next Nationall Assembly, will bee ready (upon your desire made
known to them) to provide some able and godly Ministers for you, as
likewise to communicate to you our Directory for the publike worship
of God, and our Form of Ecclesiasticall Governement and Discipline;
together with the Confession of Faith and Catechisme.

And in the meane time we exhort you that ye neglect not the worship
of God in secret and in your families, and that ye continue stedfast
in the Profession of that faith in which yee was baptised, and by a
godly, righteous, and sober conversation adorn the Gospel; and with
all, that distance of place make you not the lesse sensible of your
Countries sufferings, both in respect of the just judgements of God for
the sinnes of the land, and in respect of the malice of Enemies for
the Common Cause and Covenant of the three Kingdoms, of which happie
conjunction, notwithstanding we do not repent us, but by the grace of
God shall continue faithful and stedfast therein.

This Letter wee have thought fit to bee Printed and published, that
it may be with the greater ease and conveniency conveyed to the many
severall places of your habitation or traffique. Consider what we have
said, and the Lord give you understanding in all things. The grace of
our Lord Jesus Christ be with you all, Amen.

  _Subscribed in name of the Generall Assembly of
  the Kirk of Scotland._

  Mr ROBERT DOUGLASSE, _Moderator_.

  Edinburgh, Augusti 31, 1647.


_Act concerning the Hundred and eleven Propositions therein mentioned._

Being tender of so great an ingagement by Solemn Covenant, sincerely,
really, and constantly to endeavour in our Places and Callings, the
preservation of the Reformed Religion in this Kirk of Scotland, in
Doctrine, Worship, Discipline, and Government, the Reformation of
Religion in the Kingdomes of England, and Ireland, in Doctrine,
Worship, Discipline, and Government, according to the Word of God, and
the example of the best Reformed Kirks, and to endeavour the nearest
Conjunction and Uniformity in all these, together with the extirpation
of Heresie, Schisme, and whatsoever shall bee found contrary to sound
Doctrine: And considering withall that one of the speciall meanes
which it becometh us in our Places and Callings to use in pursuance
of these ends, is in zeal for the true Reformed Religion, to give
our publike testimony against the dangerous Tenents of Erastianisme,
Independencie, and which is falsely called Liberty of Conscience, which
are not only contrary to sound Doctrine, but more speciall lets and
hinderances as well to the preservation of our own received Doctrine,
Worship, Discipline, and Government, as to the Work of Reformation and
Uniformity in England and Ireland. The Generall Assembly upon these
considerations, having heard publikely read the CXI[358] following
Propositions exhibited and tendered by some Brethren, who were
appointed to prepare Articles or Propositions for the vindication of
the Trueth in these particulars, Doth unanimously approve and agree
unto these eight generall Heads of Doctrine therein contained and
asserted, viz. 1. That the Ministery of the Word and the Administration
of the Sacraments of the New Testament, Baptisme and the Lords Supper,
are standing Ordinances instituted by God himself, to continue in
the Church to the end of the World. 2. That such as Administer the
Word and Sacraments, ought to be duely called and ordained thereunto.
3. That some Ecclesiasticall censures are proper and peculiar to be
inflicted onely upon such as bear Office in the Kirk; Other censures
are common and may bee inflicted both on Ministers and other Members
of the Kirk. 4. That the censure of suspension from the Sacrament of
the Lords Supper, inflicted because of grosse ignorance, or because
of a scandalous life and conversation; As likewise, the censure of
Excommunication or casting out of the Kirk flagitious or contumacious
offenders, both the one censure and the other is warrantable by and
grounded upon the Word of God, and is necessary (in respect of divine
institution) to be in the Kirk. 5. That as the Rights, Power, and
Authority of the Civill Magistrate are to bee maintained according
to the Word of God, and the Confessions of the Faith of the Reformed
Kirks; so it is no lesse true and certaine, that Jesus Christ, the
onely Head and onely King of the Kirk, hath instituted and appointed
a Kirk Government distinct from the Civill Government or Magistracie.
6. That the Ecclesiasticall Government is committed and intrusted
by Christ to the Assemblies of the Kirk, made up of the Ministers
of the Word and Ruling Elders. 7. That the lesser and inferiour
Ecclesiasticall Assemblies, ought to bee subordinate and subject unto
the greater and superiour Assemblies. 8. That notwithstanding hereof,
the Civill Magistrate may and ought to suppresse by corporall or Civill
punishments, such as by spreading Errour or Heresie, or by fomenting
Schisme, greatly dishonour God, dangerously hurt Religion and disturbe
the Peace of the Kirk. Which Heads of Doctrine (howsoever opposed by
the authors and fomenters of the foresaid errours respectively) the
Generall Assembly doth firmely beleeve, own, maintaine, and commend
unto others, as Solide, True, Orthodoxe, grounded upon the Word of God,
consonant to the judgement both of the ancient and the best Reformed
Kirks. And because this Assembly (through the multitude of other
necessary and pressing bussinesse) cannot now have so much leisure, as
to examine and consider particularly the foresaid CXI. Propositions;
therefore, a more particular examination thereof is committed and
referred to the Theologicall faculties in the four Universities of this
Kingdome, and the judgement of each of these faculties concerning the
same, is appointed to bee reported to the next Generall Assembly. In
the meane while, these Proposition shall bee Printed, both that Copies
thereof may bee sent to Presbyteries, and that it may be free for any
that pleaseth to peruse them, and to make known or send their judgement
concerning the same to the said next Assembly.


_Desires and Overtures presented from Presbyteries and Synods, with the
Assemblies answer thereunto._

It is humbly presented to the Assembly, that the children of many of
the ordinary beggars want baptisme, Themselves also living in great
vilenesse, and therefore desire that some remedie may be provided for
these abuses.

  The Assembly doth seriously recommend to Presbyteries to consider of
  the best remedies, and to report their opinions to the next Assembly.

That all Students of Philosophie at their entry and at their
Lawreation, bee holden to subscribe the League and Covenant and be
urged thereto, and all other Persons as they come to age and discretion
before their first receiving the Sacrament of the Lords Supper.

  The Assembly approves this Overture.

Whereas divers Ministers want Mansses and Gleebs, and others have their
Gleeb so divided in parcells, or lying so farre from their Charge
as the Ministers are thereby much prejudged: We desire that this
Generall Assembly will recommend it to bee helped by the Parliament,
or Committee for planting of Kirks, in the best manner that their
Lordships can advise.

Whereas divers Kirks were incommodiously united in corrupt times,
we desire that the same be now dismembered and adjoyned to other
Kirks, or erected in Kirks by themselves alone, and when the present
incumbents agrees thereto, wee desire the same to bee recommended to
the Parliament and Committee for plantation of Kirks; Provided alwayes,
that the present Ministers who have laboured and indured the heat of
day, may enjoy the benefit of such parcells as are taken from them
during their life.

  The Assembly doth approve these two Articles, and Recommends to the
  Commissioners for publike Affaires, to assist any interessed in the
  particulars for prosecuting the same before the Honourable Estates
  of Parliament, or the Commission appointed by them for plantation of
  Kirks.

       *       *       *       *       *

The Generall Assembly, Doe yet againe recommend to Presbyteries and
Provinciall Assemblies, to consider all matters formerly referred
unto them by preceding Assemblies, and desires that their opinions
concerning the same, be reported in writ to the next Generall Assembly.

       *       *       *       *       *

It is this day appointed, that the next Generall Assembly shall meet at
Edinburgh the second Wednesday of July, 1648.

  A. KER.


INDEX _of the_ ACTS _of this_ GENERALL ASSEMBLIE _not Printed_.

1.—Election of Master Robert Douglasse Moderator, _Sess._ 1.

2.—Committee for the contraverted Commissions, _Sess._ 2.

3.—Committee of Reports, References and Appeals. _Ib._

4.—Committee of Bills and Overtures. _Ib._

5.—Committee for examining the proceedings of the Commission of the
preceding Assembly for publike Affaires. _Ib._

6.—Committee for examining the Synode Books. _Ib._

7.—Commission from the Brethren in Ireland with the Scots Armie there.
_Ib._

8.—Committee for appointing Ministers to Preach. _Ib._

9.—Papers produced by Master Robert Baillie, and M. George Gillespie.
_Sess._ 3.

10.—Act concerning their Report and Approbation. _Ib._

11.—Committee for examining the Confession of Faith, Rouse Paraphrase,
Catechisme, &c. and to receive any scruples and objections, and to
report. _Ib._

12.—Act appointing some Brethren to present to the Committee of
Estates, the progresse of Uniformity. _Ib._

13.—Invitation of all that had objections against any thing in the
Confession, to repaire to the Committee. _Sess._ 4.

14.—A Latine Letter from Helvetian Churches to the Assembly. _Ib._

15.—Act for Printing 300 Copies of the advise of the Assemblie of
Divines in England, Concerning a Confession of Faith, for the use of
the Members of the Assembly. _Sess._ 5.

16.—Recom. to the Commission for planting of Kirks, for provision to
another Minister in Aire. _Ib._

17.—Ref. to the Committee for Preaching to appoint Ministers to the
Army, with addition of others to that Committee. _Ib._

18.—Appointment of Master Robert Young for Lodovick Leslies Regiment.
_Sess._ 6.

19.—Committee for considering the dangers that are either from within
or without this Kirk, and the best remedies for preventing the same,
and to report. _Ib._

20.—Committee concerning John Wilkie and Master Tho. Ramsay. _Ib._

21.—Remitt. John Johnstouns desire of relaxation from Excommunication
to the Provinciall of Dumfreis. _Ib._

22.—Committee for the vaking Stipends in Dunkeld. _Ib._

23.—Recom. Marjorie Smith for charity. _Ib._

24.—Remitt. Master James Rosse a deposed Minister to Presbyterie and
Synode. _Sess._ 7.

25.—Ref. Master James Nasmith to the Committee for appointing Ministers
to the Army. _Ib._

26.—Committee for considering a Processe in dependance before the
Presbyterie of Peebles, concerning a scandall upon the relict of
umquhile Mark Hammiltoun. _Ib._

27.—Continuation of the Town of Edinburghs Bill for Master John Smith,
till Saturday. _Ib._

28.—Advise and Ordinance for prosecuting the Processe against Agnes
Stewart, relict of umquhile Mark Hammiltoun. _Sess._ 8.

29.—Recom. Master George Gleghorne that hee suffer no prejudice in his
old age. _Ib._

30.—Transportation of M. John Scot from Schottis to Glenluce. _Sess._ 9.

31.—Act refusing Master Andrew Honymans transportation to Craill. _Ib._

32.—Transportation of Master James Hammiltoun from Drumfreis to
Edinburgh. _Ib._

33.—Act concerning the planting of Eymouth Kirk upon the submission of
Earle of Home and Wedderburne. _Sess._ 10.

34.—Act concerning the tryall of Master William Home. _Ib._

35.—Transportation of Master John Smith from Bruntiland to Edinburgh.
_Ib._

36.—Act for providing a college to Master Thomas Wyllie. _Ib._

37.—Recom. Thomas Burnet to the Committee of Estates. _Ib._

38.—Recom. M. Martine Mackferson to the Committee of Estates. _Ib._

39.—Recom. Master Neill Mackinnan to the Committee of Estates. _Ib._

40.—Act concerning the Visitation of Kalzae and Lyne. _Sess._ 11.

41.—Recom. Master John Houstouns petition to the Commission for
planting of Kirks. _Ib._

42.—Act for Excommunicating of William Forbes of Skelleter, his
committing a late murther being sufficiently evidenced. _Ib._

43.—Transportation of Master Walter Comrie to Dunkeld. _Ib._

44.—Act for conference with James Urquhart of old Craige, desiring to
be relaxed from Excommunication. _Ib._

45.—Act appointing Master John Lothian to bee relaxed from the sentence
of Suspension. _Ib._

46.—Recom. Petition of the Presbyterie of Wigtoun for erecting a Kirk
for Penninghame and Monigafe, To the Commission of Parliament for
planting of Kirks. _Ib._

47.—Committee for the matter betwixt John Wilkie of Foulden, and
Master Thomas Ramsay. _Ib._

48.—Act appointing the Committee of Bills, to divide the Petitions for
charity amongst Presbyteries and Provinces. _Sess._ 12.

49.—Act appointing the Committee concerning Doctor Strang to meet. _Ib._

50.—Act refusing Master John Levingstouns transportation to Glasgow.
_Ib._

51.—Refer. to the Committee of dangers, to give opinion in the question
concerning the carriage of our Commissioners at London in the case
propounded. _Ib._

52.—Ref. to the Committee of dangers, concerning choosing a Moderator,
and censure of absents from the Assembly. _Sess._ 13.

53.—Ref. James Urquhart of old Craige, concerning his relaxation from
Excommunication, to the Provinciall of Murray. _Ib._

54.—Committee appointed to confer in some particulars, concerning
Ministers provisions with my Lord Advocate. _Ib._

55.—Committee concerning the particulars of Master Eleazar Gilberts
petition. _Ib._

56.—Ref. Gilbert Ogilvie of Craige, Major John Ogilvie, and Patrick
Ogilvie of Brigend of Lentrathane, to the Presbyterie of Meegill. _Ib._

57.—Instruction with a Letter to the Commissioners at London. _Ib._

58.—Appointment of some to speake Earle Bukcleuch, concerning the Kirk
of Borthwick. _Ib._

59.—Ref. concerning Master Zacharie Boyds labours to the Committee for
the Confession of Faith. _Ib._

60.—Committee to consider of Ministers for Ireland. _Ib._

61.—Act continuing the Declaration for England, to be again read and
further considered. _Sess._ 14.

62.—Committee for hearing the Objections of the Persons appointed for
Ireland. _Ib._

63.—Recom. to Presbyteries for encouraging Expectants to embrace a
calling from Ireland. _Ib._

64.—Ref. to the Committee for Preaching, to hear the reasons alledged
by some Ministers why they should not go to the Armie. _Ib._

65.—Act refusing Master John Robertsons petition for opening his mouth.
_Ib._

66.—Approbation of the Declaration for England. _Sess._ 15.

67.—Act for authorizing the Commissioners at London, to present the
Declaration to the Parliament of England, City of London, and Synode
of Divines, and to crave an answer to the Paper of the 25 of December.
_Ib._

68.—Act appointing some Brethren to present the Declaration for England
to the Committee of Estates, and to crave their Lordships concurrance
in the like desires. _Ib._

69.—Act continuing the Directions for Private and Family Worship, to
bee further Considered and againe read, with an Invitation to all that
had any scruples to propone them to the Committee of dangers. _Ib._

70.—Act for joyning the Committee for the Confession of Faith to the
Committee for the dangers, together to be one Committee, and their
place of Meeting to be the old Session house. _Ib._

71.—Invitation of all that had any scruples or objections concerning
any Article in the Confession, to propone the same to the Committee.
_Ib._

72.—Report of the Committee touching the particulars in Master Gilberts
petition, with an appointment for drawing a Letter to those of the
Scottish Nation in Pole-land, &c. _Ib._

73.—Appoint. for drawing a Letter to Lieutennant Generall David Lesly.
_Sess._ 16.

74.—Appointment of Ministers for Ireland. _Ib._

75.—Letter to Generall Major Munro. _Ib._

76.—Continuation of the Directions for Worship, to bee againe read and
considered upon Tuesday, and all invited to addresse themselves to the
Committee who had doubts or objections. _Ib._

77.—Committee for thinking on Overtures for planting the Kirks in the
Hielands, and advancing Piety and Learning there. _Ib._

78.—Recom. to the Ministers of Edinburgh for their assistance to
Ministers before the Commission for planting of Kirks. _Ib._

79.—Committee to conferre with the Lord Thesaurer, concerning the Kings
gift of the patronage of Lanerk, and to advise with the Committee for
the dangers upon the Kirks interest therein. _Ib._

80.—Recom. of the petition of the Presbyteries of Deir, Ellon, and
Turref, to the Commission for planting of Kirks. _Ib._

81.—Recom. M. Neil Mackinnan, and M. Martine Mackferson, to be
supported out of the vaking stipends in the Sky. _Ib._

82.—Ref. to the Commission for publike affaires for the planting of
Drumfreis, with a recommendation to the Thesaurer for a presentation.
_Ib._

83.—Recom. to the Committee of Estates, concerning the house of
Dalgetie. _Ib._

84.—Act appointing M. Gabriell Maxwell for the Lieutenant General,
Master James Nasmith for Generall Major Holburns Regiment, M. George
Pittulo for the Generall of Artilleries Regiment, M. George Bennet for
the Troups of Horse with the Generall Lieutenant, and M. John Lothian
for the Squadron of Horse with Generall Major Middletoun.

85.—Remit. M. Francis Omey to the Presbyterie and Synode. _Sess._ 17.

86.—Ordinance for admission of Master John Baillie to the Kirk of
Cambuslang. _Ib._

87.—Committee to confer with Earle of Eglintoun, concerning his
petition touching planting the Kirk of Eglisham. _Ib._

88.—Recom. to the Committee of Estates of the petition of Aberdene
concerning a Jesuite there. _Ib._

89.—Remit Master Matthew Ramsay to the Presbyterie of Hammiltoun for
opening his mouth. _Ib._

90.—Ref. and Commission concerning the Kirk of Lyndean. _Ib._

91.—Committee for revising the Collectors counts, and to report. _Ib._

92.—Report of the Brethren sent to the Committee of Estates concerning
the house of Dalgety, and the Jesuite in Aberdene. _Ib._

93.—Advise to the Presbyterie of Stranrauer concerning their proceeding
in the triall of the scandall upon Ardwell. _Ib._

94.—Ref. to the Committee of dangers, to think upon some Overtures for
commodious planting, dividing, and uniting of Kirks, and to report.
_Sess._ 18.

95.—Recom. of some Persons for charity to Presb. and Provinces. _Ib._

96.—Recom. of the petition concerning Glencorse to the Lord Thesaurer,
and the Lords of Exchequer. _Ib._

97.—Ref. Sir Lauchlen Macklen to the Presbytery of Edinburgh. _Ib._

98.—Recom. to the Committee of Estates, of the petition of Master Adam
Barclay. _Ib._

99.—Recom. of the petition of M. Patrick Lindsay to the Committee of
Estates, and to the charitie of the Presbyteries within the Province
of Aberdene. _Ib._

100.—Recom. to the Presbyterie of Stranrauer and the Lord Advocate,
concerning the Kirk of Glenluce. _Ib._

101.—Addition of the Lord Marquesse of Argile to the Committee for the
dangers. _Ib._

102.—Appointment of the Committee concerning Doctor Strang, to make
report and to receive any objections that any had against his dictates.
_Ib._

103.—Warrand for Master Samuel Rutherfurds return. _Sess._ 19.

104.—A Letter to Generall Lieutenant David Leslie. _Ib._

105.—Invitation of all to propone their doubts or objections against
any head or Article in the Confession of Faith, to the Committee. _Ib._

106.—Recom. to the Commission, for visitation of the Universitie of
S. Andrews, for Master Samuel Rutherfurd to bee Principall of the new
Colledge there. _Ib._

107.—Approbation of the report concerning planting of Eglishame.
_Sess._ 20.

108.—Recom. M. Robert Lindsayes wife, and M. James Kirk to Provinces.
_Ib._

109.—Appointment of some Brethren to visit the Idolatrous Monuments
brought from the late Marques of Huntlies house. _Ib._

110.—Act refusing the petition for Master John Annans transportation to
Edinburgh. _Ib._

111.—Act concerning the dyet of Master James Hammiltoun and Master John
Smiths coming to Edinburgh. _Ib._

112.—Recom. to the Town of Edinburgh to plant all their Kirks with two
Ministers with diligence. _Ib._

113.—Queræ proponed by the Commissioners of the Presbyterie of
Chirnside, with the Assemblies advise thereanent. _Ib._

114.—Recom. of petitions for charity. _Ib._

115.—Appoint. of Master John Forbes for Colonell Scots Regiment, and
Master Robert Cowdan to Pitscottis. _Sess._ 21.

116.—Nomination of a list for the Kirk of Gordon. _Ib._

117.—Ref. concerning Master David Leith. _Ib._

118.—Recom. concerning the contribution for the distressed people in
Argyle. _Ib._

119.—Approbation of the report of the Committee for the vaking Stipends
in Dunkeld. _Sess._ 22.

120.—Recom. M. Robert Brounlies wife to the Committee of Estates. _Ib._

121.—Commission for planting the Kirk of Lithgow. _Ib._

122.—Declaration that some votes of the Commission of the preceding
Assembly upon the 21 of August 1646, and an Act of the 22 of the same
moneth, are not to be examined by the Assembly. _Ib._

123.—Committee for the triall of some speaches spoken by some of the
Presbyterie of Dunkeld concerning the Commission. _Ib._

124.—Ref. concerning Master William Hay. _Ib._

125.—Act concerning the committing of the plantation of the Kirk of
Glasgow. _Ib._

126.—Ref. to the Commission for publike affairs of the Earle of
Callenders petition, concerning the adjoyning Falkirk, Slammano, and
Morrouingside to the Presbyterie of Sterling, with power to hear
parties, visit, and report. _Sess._ 23.

127.—Conference appointed with the Earle of Abercorne. _Ib._

128.—Ref. to the Commission for publike affaires, for planting in Aire
a colleague to Master William Adair. _Ib._

129.—Report concerning Doctor Strangs dictats. _Ib._

130.—Act appointing the Clerk to redeliver Doctor Strangs dictats unto
him. _Ib._

131.—Refer. concerning Master John Mackenzie. _Sess._ 24.

132.—Approbation of the Collectors accounts. _Ib._

133.—Ref. to the Ministers of Edinburgh, to take course with the
Monuments of Idolatrie brought from the North. _Ib._

134.—Recom. of the petition for a Minister to Chanrie of Rosse to the
Commission for planting of Kirks. _Ib._

135.—Recom. Master Alexander Petrie. _Ib._

136.—Recom. Master Eleazar Gilbert. _Ib._

137.—Recom. Master William Douglas to the Committee of Estates. _Ib._

138.—Recom. Master George Sharpe to the Committee of Estates for
reparation of his losses. _Ib._

139.—Ref. complyers in Murray to the Provinciall. _Ib._

140.—Recom. to the Commission for planting of Kirks, concerning
provisions to Ministers in the Presbyterie of Kirkcudbright. _Sess._ 25.

141.—Act appointing conference with Earle Abercorne, untill the last of
March. _Ib._

142.—Recom. to the Synode of Murray of the petition of Badinoch,
concerning Master John Dollar. _Ib._

143.—Recom. concerning the Minister of Corrie and Hutton. _Ib._

144.—Recom. to the Commission for planting of Kirks, concerning the
adjoyning some lands to the Parish of Monswall. _Ib._

145.—Act for Printing the Directorie for Church Government, to be
examined by Presbyteries against the next Assembly, and for Printing
the Catechisme also when it shall be perfected. _Ib._

146.—Act concerning the contribution for the distressed people in
Argile. _Ib._

147.—Recom. to Committee for dangers, to consider of a Letter for the
Scots in Poleland, &c. _Ib._

148.—Ref. to the Committee appointed for tryall of proceedings of the
Commission of Assembly, to consider of the processe of Master John
Rosse, and to report. _Ib._

149.—Act concerning the tryall of the payment of the contribution for
distressed people of Argyle. _Ib._

150.—Act concerning James Murray. _Sess._ 26.

151.—Act for collecting the contribution for the Province of Argile,
in these parts that have not yet contributed, and sending it to the
receivers. _Ib._

152.—Recom. to the Synode of Glasgow, concerning a second Minister to
Dumbartan. _Ib._

153.—Recom. to the Lords of Privie Counsell for punishing an injurie
done to a Presbytery about burying in a Kirk. _Ib._

154.—Act appointing a conference with some Divines, Lawyers, and
Physitians, concerning witchcraft and charming. _Ib._

155.—Report of the tryall of the Synods Books with the Assemblies
censure. _Ib._

156.—Appointment of some to salute the Lieutenant General now in Town,
and Generall Major Middletoun when he comes. _Sess._ 27.

157.—Ref. to the Commission for publike affaires to endeavour for
obtaining from the Parliament, some restraint of burialls in Kirks.
_Ib._

158.—Commission for visitation of Lochaber, Badinoch, and the Isles.
_Ib._

159.—Recom. to the Commission of Parliament for planting of Kirks, for
providing some course for the payment of the charges of Commissioners
to the Generall Assembly. _Ib._

160.—Ref. to the Commission for publike affairs, for Printing of some
Papers concerning the Treaty of Uniformity, and matters handled in the
Synode of Divines in England. _Ib._

161.—Ref. and warrand to the Commission for publike affaires, to give
licence for Printing. _Ib._

162.—Recom. to the Lords of Exchequer, concerning the passing of gifts
of the Prebendaries. _Ib._

163.—Report from Robert Brysones relict, concerning the Printing of
Trochrigs Works. _Ib._

164.—Warrand given to the Moderator and Clerk, and some others, to
agree with Evan Tyler for Printing the Works of Trochrig upon the
condition promised to Robert Bryson. _Ib._

165.—Ref. John Wilkie of Foulden and Master Thomas Ramsay to the
Commission for publike affaires. _Ib._

166.—Act concerning the choosing of the Moderator of the Generall
Assemblie. _Ib._

167.—Act for changing every Assembly the rolls of the Commissioners by
courses, according to the order of Provinces. _Ib._

168.—Commission for visiting the University of S. Andrews. _Ib._

169.—Commission for visiting the University of Aberdene. _Ib._

170.—Commission for visiting Orkney and Zetland. _Ib._

171.—Appointment of some Brethren to speake to the Lord Thesaurer,
concerning passing of gifts of Patronages. _Ib._

172.—Ref. Master John Rosse at Lunfannan. _Sess._ 28.

173.—Approbation of the report concerning planting of Kirks in the
Hielands. _Ib._

174.—Ref. John Gillon to the Presbytery of Edinburgh for private
tryall. _Ib._

175.—Renovation of the Commission for publike affairs. _Ib._

176.—Warrand for Master James Gordon to come to Sterling-shire, for
drawing the mappe thereof. _Sess. Ult._

177.—Ref. of Gorthie Inchbrakie and Lindsay of Maines, their petitions
for relaxation from the sentence of Excommunication, to the Commission
for publike affaires. _Ib._

178.—Recom. in favours of Sir William Dick. _Ib._

179.—Ref. Master James Row. _Ib._

180.—Ref. to the Commission for publike affaires, concerning the Scots
in Poleland, &c. _Ib._

181.—Ref. for planting the Kirk and Colledge of Aberdene to the
Commission for publike affaires. _Ib._

182.—Ref. concerning Masters William Douglas, John Logie, George Hanna,
Richard Maitland, and Coline Mackenzie. _Ib._

183.—Ref. and Commission concerning the tryall of Masters Murdo
Mackenzie, John Duncane, and William Cowper. _Ib._

184.—Recom. Master William Chalmber to the Committee of Estates. _Ib._

185.—Ref. James Grahame of Claypots to the Presbyterie of Dundie. _Ib._

186.—Recom. of some persons for charitie. _Ib._

187.—Ref. for planting the Kirk of Bruntiland to the Commission for
publike affaires. _Ib._

188.—Ref. concerning the planting of the Kirk of Prestoun to the
Commission for publike affaires. _Ib._

189.—Ref. for planting the vaking Kirk in Glasgow to the Commission for
publike affaires. _Ib._

190.—Ref. the Lord Ray his Son and some of his friends, to the
Commission for publike affaires. _Ib._

191.—Ref. Master Gilbert Gordon, to the Commission for publike
affaires. _Ib._

192.—Recom. for Master George Hannayes wife and children. _Ib._

193.—Act for presenting the Confession of Faith to the Parliament. _Ib._

194.—Act concerning the Translaters of the Dutch Notes. _Ib._

195.—Recom. and Ref. concerning the collecting of the Passages and
Occurrances of these late times, to the Commission for publike
affaires. _Ib._

196.—Ref. for planting the Kirk of Ancrum, to the Commission for
publike affaires. _Ib._

197.—Renovation of the Commission for visitation of the University of
Glasgow. _Ib._

198.—Ref. Master John Rosse at Birse, to the Synode of Aberdene. _Ib._

199.—Ref. of Master Thomas Ramsay younger, his petition to the
Commission for publike affaires. _Ib._

200.—Indiction of a Thanksgiving and of a Fast. _Ib._


FINIS.




=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1647.


1. _Excerpts from Principal Baillie’s Account of the Westminster
Assembly, continued from p. 460._

_To Mr William Spang. Edinburgh, Jan. 1647._

DEAR COUSIN,—I wrote to you at length before I came from London. I have
had a long and tedious, but, thanks to God, prosperous journey. I am
now here well. I have made my report in the commission of the church to
all their contentment; our errand in England being brought near a happy
period, so far as concerned us the commissioners of the church; for, by
God’s blessing, the four points of uniformity, which was all our church
gave us in commission to agent in the assembly at Westminster, were
as good as obtained. The Directory I brought down before. The model
of government we have gotten it through the assembly according to our
mind: it yet sticks in the hands of the Houses. They have passed four
ordinances at least about it, all pretty right, so far as concerns the
constitution and erection of general assemblies, provincial synods,
presbyteries, and sessions, and the power of ordination. In the
province of London and Lancashire the bodies are set up. That the like
diligence is not used long ago in all other places, it is the sottish
negligence of the ministers and gentry in the shires more than the
parliament’s. That the power of jurisdiction in all things we require,
excepting appeals from the general assembly to the parliament, is not
put in ordinances long ago, it is by the coming of the Independents and
Erastians in the House of Commons; which obstacle we trust will now be
removed by the zeal of the city of London; so much the more, as our
nation are taken away sooner and more easily than any did expect. All
grounds of jealousy of our joining with the King, the greatest prop
of the sectaries power in the House. However, in the _jus divinum_ of
Presbytery, printed by the ministry of London, you may see that burden
taken off our shoulders; the body of the ministry of England, not the
assembly and Londoners only, being fully leavened with our sense in
all the point of government, and become willing, and able abundantly,
to manage that cause, without us, against all opposites. The third
point, the Confession of Faith, I brought it with me, now in print,
as it was offered to the Houses by the assembly, without considerable
dissent of any. It is much cried up by all, even many of our greatest
opposites, as the best Confession yet extant. It is expected the
Houses shall pass it, as they did the Directory, without much debate.
Howbeit the retarding party has put the assembly to add scriptures to
it, which they omitted only to eschew the offence of the House, whose
practice hitherto has been, to enact nothing of religion on divine
right or scriptural grounds, but upon their own authority alone. This
innovation of our opposites may well cost the assembly some time, who
cannot do the most easy things with any expedition; but it will be for
the advantage and strength of the work. The fourth part of our desired
and covenanted uniformity is the Catechism. A committee has drawn and
reported the whole.

The assembly ere I came away had voted more than the half. A short
time will end the rest; for they study brevity, and have voted to have
no other head of divinity into it than is set down in the Confession.
This ended, we have no more ado in the assembly, neither know we any
more work the assembly has in hand, but an answer to the nine queries
of the House of Commons about the _jus divinum_ of divers parts of the
government. The ministers of London’s late _jus divinum_ of Presbytery
does this abundantly. Also a committee of the assembly has a full
answer to all these queries ready. The authors repent much of that
motion. Their aim was, to have confounded and divided the assembly by
their insnaring questions; but finding the assembly’s unanimity in
them, the Independents principles forcing them to join with the rest,
in asserting the divine right of these points of government, whereupon
the parliament does most stick, the movers of these questions wishes
they had been silent. There is no more work before the assembly. The
translation of the psalms is passed long ago in the assembly; yet
it sticks in the Houses. The Commons passed their order long ago;
but the Lords joined not, being solicited by divers of the assembly,
and of the ministers of London, who love better the more poetical
paraphrase of their colleague Mr Burton. The too great accuracy of
some in the assembly, sticking too hard to the original text, made the
last edition more concise and obscure than the former. With this the
commission of our church was not so well pleased; but we have got all
those obscurities helped; so I think it shall pass. Our good friend
Mr Zachary Boyd has put himself to a great deal of pains and charges
to make a psalter, but I ever warned him his hopes were groundless to
get it received in our churches; yet the flatteries of his unadvised
neighbours makes him insist in his fruitless design.

When I took my leave of the assembly, I spoke a little to them. The
prolocutor, in name of the assembly, gave me an honourable testimony,
and many thanks for my labours. I had been ever silent in all their
debates; and however this silence sometimes weighted my mind, yet I
found it the best and wisest course. No man there is desired to speak.
Four parts of five do not speak at all; and among these are many most
able men, and known by their writs and sermons to be much abler than
sundry of the speakers; and of these few that use to speak, sundry are
so tedious, and thrusts themselves in with such misregard of others,
that it were better for them to be silent. Also there are some eight
or nine so able, and ready at all times, that hardly a man can say any
thing, but what others, without his labour, are sure to say as well or
better. Finding, therefore, that silence was a matter of no reproach,
and of great ease, and brought no hurt to the work, I was content to
use it, as Mr Henderson also did.

       *       *       *       *       *

It is very like, if he had done any duty, though he had never taken the
covenant, but permitted it to have been put in an act of parliament in
both kingdoms, and given so satisfactory an answer to the rest of the
propositions, as easily he might, and sometimes I know he was willing,
certainly Scotland had been for him as one man; and the body of
England, upon many grounds, was upon a disposition to have so cordially
embraced him, that no man, for his life, durst have muttered against
his present restitution. But remaining what he was in all his maxims,
a full Canterburian, both in matters of religion and state, he still
inclined to a new war; and for that end resolved to go to Scotland.
Some great men there pressed the equity of Scotland’s protecting of
him on any terms. This untimeous excess of friendship has ruined that
unhappy prince; for the better party, finding the conclusion of the
King’s coming to Scotland, and thereby their own present ruin, and ruin
of the whole cause, the making the malignants masters of church and
state, the drawing the whole force of England upon Scotland for their
perjurious violation of their covenant, they resolved by all means to
cross that design.

So when others proposed to the parliament the assistance of the King
to recover his government in England, notwithstanding any answer he
might give to the propositions, the better sort, before they should
give answer to so high a question, desired a publick fast in the
parliament, and the advice also of the commission of the church. Both
with some difficulty were obtained. But after that fast, and the
distinct answer of the church, that it was unlawful for Scotland to
assist the King for his recovery of the government in England, if he
approved not the covenant, the parliament was peremptor to refuse the
King free access to Scotland, unless he satisfied the propositions.
This much they signified to him by their commissioners, which we met
at Newcastle. It was easy to be grieved, and to find what to reprehend
in this resolution; for indeed it was clothed with many dangers and
grievances; but to fall at that nick of time on any conclusion, free of
more dangers and grievances, seemed impossible.

       *       *       *       *       *

_July 13, 1647._—These matters of England are so extremely desperate,
that now twice they have made me sick. Except God arise, all is
gone there. The imprudence and cowardice of the better part of the
city and parliament, which was triple or sextuple the greater, has
permitted a company of silly rascals, who call themselves yet no more
than 14,000, horse and foot, to make themselves masters of the King,
parliament, and city, and by them of all England: so that now that
disgraced parliament is but a committee to act all at their pleasure,
and the city is ready to fright the parliament at every first or
second boast from the army. No human hope remains but in the King’s
unparallelled wilfulness, and the army’s unmeasurable pride. As yet
they are not agreed, and some write they are not like to agree: for
in our particular I expect certainly they will agree well enough, at
what distance soever their affections and principles stand. Always if
the finger of God in their spirits should so far dement them as to
disagree, I would think there were yet some life in the play; for I
know the body of England are overweary long ago of the parliament, and
ever hated the sectaries, but much more now for this their unexpected
treachery and oppression. On the other part, the King is much pitied
and desired; so if they give him not contentment, he will overthrow
them. If he and they agree, our hands are bound: we will be able, in
our present posture, and humour of our highly distracted people, to do
nothing. And whom shall we go to help, when none calls? but the King,
parliament, and city, as their masters command, are ready to declare
against us if we should offer to arm. But if the King would call, I
doubt not of rising of the best army ever we had, for the crushing of
these serpents, enemies to God and man.

       *       *       *       *       *

_To a friend in Kilwinning. Edinburgh, August 20, Friday night._

The city’s declaration and diurnal declare in what a brave posture
both the city and parliament once were in. The other papers shew how
soon all was overturned. The army marched through the whole city by
way of triumph; but staid not in it, did no violence to any; only
three or four regiments keep the forts about Westminster, and guard
the parliament still. For all that, the House of Commons vote sundry
things contrary to the mind of the army. How long that courage will
remain, I cannot say. It is thought that people, when they have felt
a little the burden of the army, will break that yoke by one mean or
other. The army’s mind, much of it, may be seen in their propositions,
a paper which I purposed to send, but now it is fallen by. By it they
are clear enough for a full liberty of conscience, a destroying of our
covenant, a setting up of bishops, of inthralling the King, so far, as
in my judgement, he and they will not agree, albeit many think they
are agreed already. If this were, our case were very hard. Never more
appearance of a great discord, both in our church and state, some few
days ago; but, blessed be God, the appearances are now much changed.
Never assembly more harmonious than this yet has been. Our declaration
to England, a very good piece, is passed without a contrary voice.
An act against vaigers [strollers] from their own ministers, and a
large direction for private worship, drawn by Mr Robert Blair for the
correcting all the faults in worship, which offended many here, is past
the committee, without a contrary voice; and, I think, shall pass the
assembly also, no less unanimously; which demonstrates the truth of
what I said in my assembly-speech, “That for all the noise some made,
yet truly there was no division as yet in our church.”

Yesterday, and this night, our state, after much irreconcileable
difference, as appeared, are at last unanimously agreed to send the
Chancellor and Lanerk to the King and parliament of England, to comfort
and encourage both to keep our covenant, and not to agree to the
propositions of the army. No appearance, as yet, of any stirring in
haste in this kingdom.


_To Mr Spang. Edinburgh, September 1, 1647._

—— London has lien like a millstone on my breast now of a long time.
The first week we came to this town, my heart was a little relieved. I
thought God had answered our prayers much sooner than I expected, and
had put London in so good a posture for averting all our fears as I
could have wished; but that joy lasted not full eight days. Stapleton
and Hollis, and some others of the eleven members, had been the main
persuaders of us to remove out of England, and leave the King to them,
upon assurance, which was most likely, that this was the only means to
get that evil army disbanded, the King and peace settled according to
our minds: but their bent execution of this real intention has undone
them, and all, till God provide a remedy. We were glad when Leslie was
recalled from his Lieutenancy of Ireland, a creature of Cromwell’s, who
got that great trust for no virtue at all but his serviceableness to
that faction. This was the first sensible grievance to that army. The
second was the employing of Skippon and Massie, in the Irish command,
and giving to Fairfax such a command in England as made him not very
formidable. But when the third stroke came, of disbanding the most
of the sectaries, and cashiering of their officers, this put them on
that high and bold design, which as yet they follow, as, I think, not
so much on great preconception, as drawn on by the course of affairs,
and light heads of their leaders. Vane and Cromwell, as I take it,
are of nimble hot fancies for to put all in confusion, but not of any
deep reach. St John and Pierpont are more stayed, but not great heads.
Sey and his son, not _____, albeit wiser, yet of so dull, sour, and
fearful a temperament, that no great atchievement, in reason, could
be expected from them. The rest, either in the army or parliament, of
their party, are not on their mysteries, and of no great parts either
for counsel or action, so far as I could ever observe. The folly of our
friends was apparent, when at the army’s first back-march, and refusal
to disband, they recalled their declaration against their mutinous
petitions. Easily might all their designs have been crushed at that
nick of time, with one stout look more; but it was a dementation to sit
still amazed at the taking of the King, the accusation of the eleven
members, the army’s approaching to the city. Here, had the city agreed,
and our friends in parliament shewed any resolution, their opposites
counsel might even then have been easily overturned; for all this
while, the army was not much above 10,000 ill-armed soldiers. But the
irrecoverable loss of all, was the ill-managing of the city’s brave
engagement. Had they then made fast the chief of the sectarian party
in both Houses, and stopt their flight to the army; had Massey and
Waller, with any kind of masculine activity, made use of that new trust
committed to them; Mr Marshal, and his seventeen servants of the synod,
for all Foulks and Gib’s subornation, should never have been bold to
offer that destructive petition to the Houses and common council,
which, without any capitulation, put presently in the army’s power, the
parliament, city, and all England, without the least contradiction.
An example rarely parallelled, if not of treachery, yet at least of
childish improvidence and base cowardice. Since that time they have
been absolute masters of all. Which way they will use this unexpected
sovereignty, it will quickly appear. As yet they are settling
themselves in their new saddle. Before they got up, they gave the King
and his party fair words; but now, when all is their own, they may put
him in a harder condition than yet he has tasted of. Their proposals,
a part of their mind, give to the King much of his desire in bringing
back bishops and books, in putting down our covenant and presbytery, in
giving ease to malignants and Papists; but spoil him of his temporal
power so much, as many think, he will never acquiesce to; albeit it is
spoken loud, that he and they are fully agreed.

Our state here, after long expectation to have heard something of
the King’s own mind and desires, as yet have heard nothing from him
to account of. Although he should employ their help against his
oppressors, yet he being still altogether unwilling to give us any
satisfaction in the matter of our covenant, we are uncertain what
course to take; only we do resent to our commissioners to oppose the
proposals, and to require a safe-conduct to the Chancellor and Lanerk
to come up to the King and parliament. It cost many debates before it
came to this conclusion. Our great men are not like to pack up their
differences. Duke Hamilton and his friends would have been thought men
composed of peace on any terms, and to have cast on other designs of
embroiling Scotland in a new war. But when all were weary of jangling
debates, the conclusion whereto the committee was brought, was so far
to espouse the King’s quarrel on any terms, that Argyle and Wariston
behoved to protest against our engagement on any such terms. To avoid
invidious protestations, both parties agreed to pass an act of not
engagement. The proceedings of some are not only double and triple, but
so manifold, that as no other, so, in my mind, themselves know not what
they finally intend. They who made themselves gracious and strong, by
making the world believe that it was their opposites who had brought
the country in all the former trouble, and would yet again bring it
into a new dangerous war, when it came to the point, were found to
precipitate us into dangers, and that in such terms as few with comfort
could have undertaken. We have it from divers good hands at London,
that some here kept correspondence with Sir Thomas Fairfax, which to
me is an intolerable abomination. The present sense of many is this:
if the King and the army agree, we must be quiet and look to God: if
they agree not, and the King be willing to ratify our covenant, we are
all as one man to restore him to all his rights, or die by the way: if
he continue resolute to reject our covenant, and only to give us some
parts of the matter of it, many here will be for him, even in these
terms; but divers of the best and wisest are irresolute, and wait till
God give more light.

David Leslie, with a great deal of fidelity, activity, and success, has
quieted all our highlands and isles, and brought back our little army;
which, we think, shall be quartered here and there, without disbanding,
till we see more of the English affairs. The pestilence, for the time,
vexes us. In great mercy Edinburgh and Leith, and all about, which
lately were afflicted with more of this evil than ever was heard of in
Scotland, are free. Some few infections now and then, but they spread
not. Aberdeen, Brechin, and other parts of the north, are miserably
wasted. St Andrew’s and Glasgow, without great mortality, are so
threatened, that the schools and colleges now in all Scotland, except
Edinburgh, are scattered.

While I had written thus far, by the packet this day from London I
learn, that the army daily goes higher and higher, which to me is a
hopeful presage of their quicker ruin. The chief six of the eleven
members were coming to you, Stapleton, Esler, Hollis; the second
gentleman, for all gallantry in all England, died at Calais. I think
it will be hard to the parliament and city to bear these men long; and
I hope, if all men were dead, God will arise against them. Munster is
not like to be a school to them long. Cromwell and Vane are like to
run on to the end of Becold and Knipperdolling’s race. Northumberland
has feasted the King at Swahouse; hence he went to Hampton-court.
They speak of his coming to Whitehall. If he agree no better with the
sectaries than yet he does, that journey may prove fatal. He is not
likely to come out of London willingly; and if the army should draw
him, that violence may waken sleeping hounds. If they let him come to
London, without assurance of his accord with them, they are more bold
and venturous than wise; and if the King agree to their state-designs,
I think he is not so consonant to all his former principles and
practice as I took him.

I know you expect some account of our assembly. Take it, if you have
patience to read what I have scribbled in haste, on a very ill sheet
of paper. I have no leisure to double; for our commissioners enter
every day at seven, and we are about publick business daily till
late at night. At our first meeting, there was clear appearance of
formed parties for division; but God has turned it so about, that
never assembly was more harmonious and peaceable to the very end.
The last year, a minister in the Merse, one Mr James Simson, whose
grandsire was, as I take it, an uncle or brother to famous Mr Patrick
of Stirling, a forward, pious, young man, being in suit of a religious
damsel, sister to Mr James Guthrie’s wife, had kept with Mr James
Guthrie, and others, some private meetings and exercises, which gave
great offence to many. When they came before the last general assembly
and commission of the kirk, Mr David Calderwood and sundry other very
honest men, opposite to malignants, were much grieved, and by that
grief moved to join with Mr William Colvil, Mr Andrew Fairfoul, and
such whom some took to be more favourable to malignants than need
were. These two joined together, made a great party, especially when
our statesmen made use of them to bear down those who had swayed our
former assemblies. The contest was at the chusing of the moderator.
The forementioned party were earnest for Mr William Colvil. Many were
for me; but I was utterly unwilling for any such unfit charge, and
resolved to absent myself from the first meeting, if by no other means
I could be shifted the leet. At last, with very much ado, I got myself
off, and Mr Robert Douglas on the leets; who carried it from Mr William
Colvil only by four voices. God’s blessing on this man’s great wisdom
and moderation has carried all our affairs right to the end; but Mr
David Calderwood having missed his purpose, has pressed so a new way
of leeting the moderator for time to come, that puts in the hand of
base men to get one whom they please, to our great danger. We spent
a number of days on silly particulars. Mr Gillespie came home at our
first downsitting. He and I made our report to the great satisfaction
of all. You have here what I spoke. Mr Calderwood was much offended
with what I had spoken in the end; but my apology in private satisfied
him. He, and others of his acquaintance, came with resolution to make
great din about privy meetings and novations, being persuaded, and
willing to persuade others, that our church was already much pestered
with schism. My mind was clean contrary: and now, when we have tried
all to the bottom, they are found to be much more mistaken than I; for
they have obtained, with the hearty consent of these men whom they
counted greatest patrons of schism, all the acts they pleased against
that evil, wherein the wisdom and authority of Mr Blair has been
exceeding serviceable. This yielding on our side, to their desires,
drew from them a quiet consent to these things we intended, from which
at first they seemed much averse. We agreed, _nemine contradicente_,
to that declaration, which was committed to Mr Gillespie and me, but
was drawn by him alone; also, after much debate in the committee, to
the Confession of Faith; and to the printing of the Directory for
government, for the examination of the next general assembly; of the
Catechism also, when the little that remains shall come down; likewise
for printing to that same end two or three sheets of Thesis against
Erastianism, committed to Mr Gillespie and me, but done by him at
London at Voetius’s motion; which we mind, when approven here, to send
to him; who is hopeful to get the consent of your universities and
of the general assembly of France to them, which may serve for good
purpose. We have put the new Psalter also in a good way.—— We have
this day very happily ended our assembly with good concord; albeit Mr
David Calderwood, serving his own very unruly humour, did oft very much
provoke. He has been so intolerable through our forbearance, that it
is like he shall never have so much respect among us. His importunity
forced us, not only to a new ridiculous way of chusing the moderator,
but on a conceit he has, that a minister deposed should not again be
reposed almost in no case, he has troubled us exceedingly about the
power of the commission of the kirk to depose a minister in any case;
yet we carried it over him. We have obtained leave to print all our
English papers, Catechism, Confession, Propositions, and Directory
for government and ordination, our debates for accommodation against
toleration, our papers to the grand committee, the propositions for
government, albeit passed both in our assembly and parliament 1643.
Mr David opposed vehemently the printing, and his grand followers, Mr
John Smith and Mr William Colvil with him, because they held forth a
session of a particular congregation to have a ground in scripture,
which he, contrary to his Altar of Damascus, believes to have no divine
right, but to be only a commission, with a delegated power from the
presbytery, tolerated in our church for a time. With great difficulty
could we get the printing of that paper passed for his importunity; but
at last we got all.

An express from London this day tells us, that the army’s parliament
press the concurrence of our commissioners to send to Hampton-court
the propositions to the King. This seems to import the King’s refusal
of the proposals, and disagreeing yet with the army. And what they
will do with the King, if he refuse the propositions also, we know
not; only their last remonstrance shews their resolution to cast out
of the parliament many more members, and to take the lives of some
for example. The spirit that leads them, and the mercy of God to that
oppressed people, will not permit these tyrannous hypocrites to rest,
till, by their own hands, they have pulled down their Babel.

       *       *       *       *       *

_October 13, 1647._—— We gave in this day to the states a remonstrance
of the hazard of religion and covenant, if our army should disband. We
hope that plot, long hatched, and with too great eagerness driven on,
shall this day or to-morrow be broken. Our dangers of farther confusion
are great, if God be not merciful. The persecution at London is very
intolerable. I am very confident that party, so much opposite to God
and man, cannot long stand. Ere long, at my leisure, I may give you a
particular account of all our affairs.


1646.—August 1.

2. _His Majesty’s Answer to the Propositions._[359]

  Charles Rex,

The Propositions tender’d to his Majesty by the Commissioners from
the Lords and Commons assembled in the Parliament of England at
Westminster, and the Commissioners of the Parliament of Scotland, (to
which the Houses of Parliament have taken twice so many Months for
deliberation, as they have assigned Days for his Majesty’s Answer)
do import so great Alterations in Government both in the Church and
Kingdom, as it is very difficult to return a particular and positive
Answer, before a full debate, wherein these Propositions, and the
necessary Explanation, true Sense and Reasons thereof, be rightly
weighed and understood; and that his Majesty upon a full view of the
whole Propositions, may know what is best, as well as what is taken
away and changed. In all which he finds (upon discourse with the said
Commissioners) that they are so bound up from any capacity either to
give Reasons for the Demands they bring, or to give ear to such Desires
as his Majesty is to propound, as it is impossible for him to give such
a present Judgment of, and Answer to these Propositions, whereby he can
answer to God that a safe and well-grounded Peace will ensue (which is
evident to all the World can never be, unless the just Power of the
Crown, as well as the Freedom and Propriety of the Subject, with the
just Liberty and Privileges of the Parliament, be likewise setled:)
To which end his Majesty desires and proposeth to come to London, or
any of his Houses thereabouts, upon the Publick Faith and Security of
the Two Houses of Parliament, and the Scotch Commissioners, That he
shall be there with Freedom, Honour, and Safety; where by his Personal
Presence he may not only raise a mutual Confidence betwixt him and his
People, but also have these Doubts cleared, and these Difficulties
explained unto him, which he now conceives to be destructive to
his just Regal Power, if he shall give a full Consent to these
Propositions, as they now stand.

As likewise, that he may make known to them such his reasonable
Demands, as he is most assured will be very much conducible to that
Peace which all good men desire and pray for, by the setling of
Religion, the just Privileges of Parliament, with the Freedom and
Propriety of the Subject: And his Majesty assures them, That as he
can never condescend unto what is absolutely destructive to that just
Power which by the Laws of God and the Land he is born unto; so he
will chearfully grant and give his Assent unto all such Bills, at the
desire of his Two Houses, or reasonable demands for Scotland, which
shall be really for the Good and Peace of his People, not having regard
to his own particular (much less of any body’s else) in respect of the
Happiness of these Kingdoms. Wherefore his Majesty conjures them as
Christians, as Subjects, and as Men who desire to leave a good Name
behind them, that they will so receive and make use of this Answer,
that all Issues of Blood may be stopped, and these unhappy Distractions
peaceably setled.

  Newcastle, Aug. 1, 1646.

  To the Speaker of the House of Peers
  _pro Tempore_, to be communicated.

POSTSCRIPT.—Upon Assurance of a happy Agreement, his Majesty will
immediately send for the Prince his Son, absolutely expecting his
perfect Obedience to return into this Kingdom.


1646.—September.

3. _His Majesty’s Answer to the Scots Commissioners at Newcastle._[360]

  MY LORDS,

I shall begin, by answering what you have now said: For I assure
you I had not thus long delay’d my Answer, but to weigh fully those
Reasons and Arguments which you have laid before me, whereby to use the
uttermost of my Endeavours to give you all possible Satisfaction; for
you having told me nothing but what I have heard before, the Change of
Answer could hardly be expected. And now I do earnestly desire you to
consider what it is that I desire, which is, To be heard; which if a
King should refuse to any of his Subjects, he would for that be thought
a Tyrant. For this, if I had but slight Reasons, it were the less to be
regarded; but they are such, upon which such a Peace as we all desire,
doth depend: For albeit it is possible, that if I should grant all you
desire, a Peace might be slubber’d up, yet it is impossible that it
should be durable, unless there be right understanding betwixt Me and
my People; which cannot be without granting what I desire.

Yet I desire to be rightly understood; for tho’ many like to Æsop’s
Fable will call Ears Horns, yet let men say what they will, I am far
from giving you a Negative, nay, I protest against it, my only desire
being to be heard; For I am confident that upon Debate I shall so
satisfy them in some things, as likewise I believe they may satisfy
me in many things, that we shall come to a most happy Agreement. This
I believe is not much needful to satisfy your Judgments; for I am not
ignorant how really your Commissioners at London have endeavoured a
Satisfactory Answer to my Message, as likewise what good Instructions
have been sent them out of Scotland; so that the Force of Power more
than the Force of Reason, hath made you so instant with me as you have
been; with which I am so far from finding fault, that what you have
done, I take well, knowing that it proceeds out of the abundance of
your Zeal to my Service: Therefore as you see I do not mistake you; so
I am careful not to be mistaken by you; wherefore again I desire you to
take notice, that I do not give a Denial, my desire being only to be
heard; as likewise that you will take things as they are, since neither
you nor I can have them as we would; wherefore let us make the best of
every thing, and now as you have fully performed your Duty to me, so
I cannot doubt but you will continue to press those at London to hear
Reason: And certainly you can expect little fair dealing from those
who shall reject so much Reason, and of that sort, which you have,
and I hope will offer them. Not to stay too long upon so unpleasing a
Subject, I assure you, that nothing but the Preservation of That which
is dearer to me than my Life, could have hinder’d me from giving you
full Satisfaction: For upon my word, all the Dangers and Inconveniences
which you have laid before me, do not so much trouble me, as that I
should not give full Satisfaction to the Desires of my Native Country,
especially being so earnestly press’d upon me: And yet here again I
must tell you (for in this case Repetitions are not impertinent) that I
do not give you a Denial, nay I protest against it; and remember, it is
your King that desires to be heard.


1646.—September.

4. _Another paper sent by the King to the Scots Commissioners at
Newcastle._[361]

  MY LORDS,

’Tis a very great Grief to me, that what I spoke to you yesterday, and
offer’d to you in writing, concerning Religion, hath given so little
Satisfaction: Yet lest the Reasons I then told you, should not be so
fully understood, I think it necessary at this time to set them down to
you in this Paper: I then told you, that whatsoever was my particular
Opinion, I did no ways intend to persuade you to do any thing against
your Covenant; wherefore I desire you to consider, whether it be not
a great step to your Reformation (which I take to be the chief End of
your Covenant) that Presbyterial Government be legally setled. It is
true, that I desire that my own Conscience, and those that are of the
same Opinion with me, might be preserved, which I confess doth not as
yet totally take away Episcopal Government; but then consider withal,
that this will take away all the Superstitious Sects and Heresies of
the Papists and Independents; to which ye are no less obliged by your
Covenant, than the taking away of Episcopacy: And this that I demand is
most likely to be but Temporary; for if it be so clear as you believe,
that Episcopacy is unlawful, I doubt not but God will so enlighten mine
Eyes, that I shall soon perceive it; and then I promise you to concur
with you fully in matters of Religion: But I am sure you cannot imagine
that there is any hope of converting or silencing the Independent
Party, which undoubtedly will get a Toleration in Religion from the
Parliament of England, unless you join with me, and in that way I have
set down for the Re-establishing my Crown, or at least that you do not
press me to do this (which is yet against my Conscience) until I may do
it without sinning: Which as I am confident none of you will persuade
me to do, so I hope you have so much Charity, not to put things to
such a desperate Issue, as to hazard the loss of us all, because for
the present you cannot have full Satisfaction from me in point of
Religion: Not considering, that besides the rest of the Mischiefs which
may happen, it will infallibly set up the innumerable Sects of the
Independents; nothing being more against your Covenant, than permitting
of those Schisms to increase. As for the Message which I think fit
at this time to send, I have chosen rather to mention the Point of
Religion in a general than particular way, lest (not knowing all these
Reasons which I set down to you, which are most unfit for a Message)
it may give less Satisfaction than I desire: Nevertheless I do conjure
you, by that Love and Loyalty you have always professed unto me, That
you make use of what I offered yesterday in writing, with these Reasons
which I have now set down to you, and those further Hopes I have now
given you, for the best advantages of my Service; with this particular
Explanation, That whereas I mentioned that the Church-Government should
be left to my Conscience, and those of my Opinion, I shall be content
to restrict it to some few Diocesses, as Oxford, Winchester, Bristol,
Bath and Wells, and Exeter; leaving all the rest of England fully to
the Presbyterian Government, with the strictest Clauses you shall think
upon, against Papists and Independents.

       *       *       *       *       *

POSTSCRIPT.—I require you to give a particular and full Account
hereof to the General Assembly in Scotland, shewing them that I shall
punctually make good my last Letter to them, and that this is a very
great step to the Reformation desired, not only by the present putting
down all Sects and Independents, but likewise presently establishing
Presbyterian Government; hoping that they, as Ministers of God’s Word,
will not press upon me untimously the matter of Church-Government and
Discipline, until I may have leisure to be so persuaded, that I may
comply with what they desire, without Breach of Conscience, which I am
confident they as Churchmen cannot press me to do.

       *       *       *       *       *

1646.—December 17.

  5. _A Solemn and Seasonable Warning, to all Estates and Degrees of
  Persons throughout the Land; By the Commissioners of the General
  Assembly._[362]

The Conscience of our duty, and of the great trust reposed in us,
suffereth us not to be silent, nor to connive at the present dangers
which may justly be apprehended and expected from the Enemies of this
Cause and Covenant; Who although they cannot in this conjuncture of
time appear in the same manner as formerly they have done; yet having
retained the same principles (while they seem to lay aside their
former practices) do in a more covert and dangerous way still drive
at their own ends; And as Sathan is neither sleeping nor idle, though
he appear not always as a roaring Lion; So these who are inspired
and acted by him, have their wheels still moving, though sometimes
they make no great noise. Wherefore that we may truly and faithfully
contribute what is incumbent to us, for preventing or removing any
occasions of new troubles or differences between the King and his
People, in both, or either of those United Kingdoms, or between the
Kingdoms themselves; And least the Church of Christ, and the true
Reformed Religion be again tossed with another, and perhaps a greater
Tempest in the depth, after we seemed to be near the Harbour; We have
found it, not only competent to our Place and Calling, but necessary
for us (according to former laudable Presidents both old and late)
To emit this new Seasonable Warning to the People of God in this
Land, and to all Estates and Degrees of men therein; Whom we exhort,
That first, and above all things, they apply their thoughts to make
peace with God, to take notice of the remaining and renewed tokens of
divine displeasure against the Land, To tremble at the remembrance of
former, and appearances of future judgments, To lament after the Lord,
To lye low before the Throne of Grace, To cry mightily to Heaven for
dispelling that cloud of sin which separateth between our God and us,
and for turning away that cloud of wrath which hangeth over our heads.
There is cause to be humbled and to repent, as for all our iniquities,
So for the too little assistance which hath been given to such as have
born the heaviest burthen, and suffered most in this cause; And for
the too much compliance with, and indulgence to many who have been
active in the late execrable Rebellion. We know that none can reach the
perfection of their duty, neither will the Lord reckon with his People
according to his Justice, but spare them who walk in the integrity of
their Spirits, as a man spareth his own Son, so that they may rejoyce
in his mercy, notwithstanding of their short-comings, wherein they do
not allow themselves; But wilful neglects are just grounds of a great
controversie on the Lord’s part, and of deep humiliation on ours: And
we conceive that the failings of many are such, because the word of the
Lord is a burthen unto them; And though they walk in the ways of their
own heart, yet they say they shall have Peace; We would have none that
are thus guilty to account light of it, and say, Is it not a little
one? Every duty whereto we are obliged in the Covenant, is of great
consequence, and breaches even in smaller things prove inlets unto more
grievous revoltings.

When we consider how many who were once open opposers or secret
underminers, being received to the Covenant, yet remain disaffected to
the ends of the same; We cannot but think that we walk in the midst
of snares, and that mysteries of iniquity work amongst us, which may
produce most sad and lamentable effects, unto the prejudice of our
Religion and Liberties. Therefore, Because God hath no greater quarrel
against a Nation than that of a broken Covenant; Let all who fear an
Oath, remember the vows of God which are upon them, Watch and Pray, and
take good heed that they be not cheated nor charmed into a violation
of all, or any of the Articles of that Sacred and Solemn League and
Covenant; And let those especially be observed and avoided, who do,
or shall endeavour a division and breach between the Kingdoms, or the
making of any factions or parties contrary to the Covenant, under
pretence of preserving the King and his Authority, whilst they do not
constantly and sincerely prosecute and press our frequent desires of
his subscribing the League and Covenant, and giving satisfaction in all
things to the just desires of both Kingdoms; which underhand dealing
can prove nothing else, but an abusing of His Majesty for mens own
designs: We wish that none suffer themselves to be deceived by any
false glosses of the Covenant, under which some may possibly urge the
keeping of it, so as to draw us into a certain breach thereof, and
press the defence of the King’s Authority and of Religion, to engage
us in those ways that would tend to the ruin of both: We are not now
to press the want of full satisfaction in the much desired work of
Uniformity, as the ground of a breach between the Nations; Though we
still conceive, this Nation will never be wanting to prosecute that
work to the uttermost of their power in all lawful ways, according to
the League and Covenant.

These Kingdoms, after many fervent Supplications and faithful
endeavours of all the Lovers of Truth and Peace, have been happily
united into a League and Covenant, which to this day hath been kept
inviolably, notwithstanding of all the opposition of open Enemies,
and plotting of secret Underminers; And we are confident that none
but such as have hearts full of Atheism and Treachery, will attempt
the violation thereof, in whole, or in part; And that if any shall do
the same, they shall expose themselves to the Curse of Almighty God,
who will be avenged upon all that Swear falsly by his Name. We know
that men of perverse minds, wanting the fear of God, and measuring all
things by their own ends, may conceive of it as alterable, or at least,
that all the Clauses or Heads thereof are not so to be stuck upon, but
that some one or more may be dispensed with upon civil advantages: But
we have not so learned Christ or his Word: Both Nations have Covenanted
with God, and each of them with another, in things most lawful and
necessary for the preservation and good of both, without any limitation
of time: And therefore we and our Posterity are obliged before God unto
the Observation thereof, as long as the Sun and Moon shall endure. The
Sense of these things ought to be so deeply engraven upon the hearts
of all that are in trust, That as they should from their Souls abhor
every thought of a breach with England; So should they carefully and
wisely study to avoid everything that may prove a snare and tentation
unto the same. Amongst other things, if his Majesty shall have thoughts
of coming to this Kingdom at this time, he not having as yet subscribed
the League and Covenant, nor satisfied the lawful desires of his
Loyal Subjects in both Nations, We have just cause to fear that the
consequences of it may be very dangerous, both to his Majesty and these
Kingdoms; Which therefore we desire may be timely prevented.

For so long as his Majesty doth not approve in his heart, and seal
with his hand the League and Covenant, we cannot but apprehend, that
according to his former Principles, he will walk in opposition to
the same, and study to draw us unto the violation thereof, and the
dissolution of the Union so happily begun between Us and our Brethren,
To weaken the Confidence and Trust, and to entertain jealousies, and
make divisions amongst our selves; Neither is it possible, but that
our receiving him in this present posture of Affairs, will confirm
the suspicions of the English Nation, of our underhand dealing with
him before his coming to our Army; And make them, not without cause,
to think that we purpose to dispose of him without their consent, and
to their prejudice; which is contrary to the Profession of those that
were in trust at his Majesty’s first coming to the Scots Quarters, and
overthroweth all the Arguments that have been used by the Commissioners
of our Parliament in their Papers concerning The disposing of his
Majesty’s Person by the joynt advice and common consent of both
Kingdoms given in to both Houses of Parliament in England; Nor do we
see how we can vindicate such a practice from a direct breach of our
engagements to them by Covenant and Treaty; which were not only to
expose us into the hazard of a Bloody War, but to involve us in the
guilt of Perjury. And what greater disservice could be done to his
Majesty and his Posterity, than to give way to a course that might
prove prejudicial to their interest in the Crown and Kingdom of England.

Our carriage now for many years past, in the midst of many tentations,
hath put us beyond all suspicion in the point of our Loyalty; nor
have we the least thoughts of deserting the King’s Majesty in a just
and good cause, being bound by our Covenant in our several Vocations
to endeavour with our Estates and Lives, to preserve and defend his
Person and Authority, in the defence and preservation of the true
Religion and Liberties of the Kingdoms: And so far as his Majesty shall
be for these, we really are, and we trust the rest of his Kingdoms
will be for him: Yet we cannot deny, but openly avouch it, That if his
Majesty (which the Lord forbid) shall not satisfie the just desires
of his People; Both Nations stand mutually obliged by that inviolable
Covenant to pursue the ends therein expressed (which cannot be divided)
against all lets and impediments whatsoever. It is therefore our most
earnest and longing desire, That as those who are in trust with the
Publick Affairs of this Kingdom have heretofore with all earnestness
and care in all their addresses dealt with his Majesty, with much
strength of Reason and vehemency of Affection, so they would still deal
with him, to grant his Royal consent to the desires of both Kingdoms,
for setling Religion according to the Covenant, and for securing a
perfect and durable Peace (which we look upon as the only hopeful means
of preserving himself, his Crown, and Posterity) That his Majesty may
return to his Houses of Parliament in England as a reconciled Prince
to satisfied Subjects; And that acclammations of joy may be heard in
all his Majesty’s Dominions, and no sound of War heard therein any
more, except against the bloody Irish Rebels, under whose barbarous and
cruel persecution, our distressed Brethren, both in this Kingdom and in
Ireland, are still groaning and crying out to us and to our Brethren in
England, Be at peace among yourselves, and come to help us.

       *       *       *       *       *

_Note of Proceedings in the Convention of Estates relative to the
Church, betwixt the Assemblies of 1647 and 1648._

1648.

_March 27._ Answers of Parliament to the desires of the Commissioners
of the General Assembly, represented by them to Parliament, vol. vi.,
p. 290.

_March 29._ Answers of Parliament to the representation of the
Commission of the General Assembly, of their sense on the Parliament’s
Answer to their right desires, p. 291.

_April 11._ Act anent the Resolutions of Parliament concerning the
Breaches of the Covenant and Treaties betwixt the Kingdoms of Scotland
and England, and Demands for Reparation thereof, p. 292.

_April 16._ Act concerning the Desires of the Commissioners of the
General Assembly, p. 295.

_April 19._ A Declaration of Parliament to all his Majesty’s good
Subjects, concerning their Resolutions for Religion, King, and
Kingdoms, in pursuance of the ends of the Covenant, p. 305.

_April 26._ A Letter from the Parliament of Scotland to the Parliament
of England, p. 309.

_April 27._ Desires of the Parliament of Scotland, to the Honourable
Houses of the Parliament of England, p. 309.

_May 2._ Answer of the Parliament of Scotland to the Commissioners’
Papers of the 10th and 29th of April, 1648, p. 310. A Letter sent from
the Parliament of Scotland, to the several Presbyteries within the
Kingdom, p. 321.

_June 10._ Act Ordaining all Ministers to exhort their People to
obedience to the Laws of the Kingdom, and assuring these Ministers
of their Stipends during their lifetime, p. 331. Act and Declaration
of Parliament, in Answer to the Supplications from Synods and
Presbyteries, p. 332.




THE GENERAL ASSEMBLY,

AT EDINBURGH, 1648.


The period in our history to which our attention is now
attracted—extending from the beginning of August, 1647, to the 12th of
July, 1648—embraces a variety of striking occurrences, and presents, in
the progress of the great national drama which was rapidly hastening
to its tragical termination, a complication of circumstances well
calculated to affect the most sober-minded as well as the more sanguine
student. The pillars of society were then indeed shaken to their
foundations and utterly overthrown.

When we last paused in our narrative, we left the Sovereign of
the British kingdom a prisoner in the hands of a mutinous army in
England—the usurping Parliament truckling to an armed force of its own
creation—the capital of that kingdom in the possession and under the
dominion of the army—and the people suffering from an intolerable load
of burdens, and all the horrors of social anarchy. It is unnecessary
for our purpose, however, to dilate on these particulars; and we do
not intend to enter on them further than is absolutely necessary for
illustrating the relative movements in Scotland, which it is our more
immediate object to record.

In the Acts of the Assembly 1647,[363] our readers will find a
Declaration and brotherly Exhortation to their brethren of England, in
which they deplore the many obstructions to the triumph of the Covenant
and Presbytery, in the variety of pestilent sectaries which had sprung
up; and, referring to the Declaration of the Scottish Parliament, of
16th January preceding, they declare that their zeal in that cause does
not abate nor diminish anything at all from their loyalty and duty to
the King’s Majesty; they profess that the Covenant and presbyterial
government are so far from hindering or excluding their duty to the
King, that it was thereby strengthened and supported. Nothing, however,
would induce the clerical party to abate one jot of the Covenant; and
they demanded of the King that which he could not, without an utter
dereliction of honour and conscience, comply with—an adoption of the
Covenant and extirpation of prelacy and all the diversified heresies
which abounded in England, under the protection of the English army,
then in complete ascendancy over all the authorities of the State.

In these circumstances, many of the nobility, and all of the Scottish
nation who had shewn any opposition to the Covenant, and hence acquired
the designation of _malignants_, bestirred themselves in behalf of
the King and the restoration of social order. In pursuance of these
objects, and with the view, doubtless, of also wiping off the stigma
which, well or ill founded, attached to the nation—as having sold
the King to his rebellious English subjects, who had ever after kept
him a prisoner—the Scotch resolved to make another effort; and the
Committee of Estates, after much debate, agreed to send the Chancellor
and Lanerick on a mission to the King and the English Parliament, in
order to unite with Lauderdale, who was in England, and, if possible,
to effect some reconciliation by persuading the King and the English
Parliament to adopt the Covenant. Even this proposition (which was no
concession whatever to the King) was unpalatable to the Kirkmen and
their friends in Parliament. Argyle and Wariston protested against it
as too favourable for the King, and the clergy failed not to declaim
against it as an artifice of hated malignancy.

The Scottish Deputies proceeded to England, and, in October, entered
on their task of negotiation upon the principles embodied in their
instructions, urging the King’s acquiescence in the Covenant as a means
of insuring support in all his legitimate prerogatives, against those
who now avowed hostility to monarchy. Beset and bewildered amidst the
conflicting and irreconcilable propositions of the two Parliaments
and the army, his Majesty at length, on the 11th of November, made
his escape from Hampton Court, and, two days after, took refuge in
Carisbrook Castle, in the Isle of Wight; his intention of leaving the
country having been baffled, and his person still remaining in the
power of what may justly be called the rebel or revolutionary party,
in the English Parliament and army, under the guidance of Cromwell and
Vane.

On his flight, the King left messages to be communicated to
Parliament,[364] expressing his favourable opinion of Episcopacy, yet
consenting that Presbytery should be established for three years, but
with toleration to all who could not submit to it conscientiously.
These terms were not acceptable to the Scottish Commissioners, falling
far short of what their constituents and the Covenanters insisted on;
but they were entirely disregarded by the English Parliament, who,
without ever consulting them, passed four Acts, which were entirely on
civil points, and substantially denuded the King of every vestige of
royalty. The Scottish Commissioners indignantly remonstrated against
these Acts as a breach of the treaty with Scotland, and proceeded to
the Isle of Wight, where they advised the King against assenting to
these Bills, which would subject himself and his people to a military
despotism; and formally protested against these domineering ordinances
of the English Parliament. Separate negotiations with the King were
carried on by them, and speedily digested into a treaty, which soon
after became but too well known under the name of “The Engagement.”
A brief retrospect, however, is requisite before the nature of that
treaty is explained.

It is but a debt of justice, which we are gratified to pay to our
countrymen, when we reiterate, from the authentic record, that in
these very delicate and perplexing circumstances, Lord Loudoun,
Chancellor, and his colleagues of the Commission, did all that loyal
and brave men could do, under their instructions, to rescue their
Sovereign from the grasp of a set of infuriated and armed democrats.
So early as 13th August preceding, the Scottish Parliament had adopted
a Declaration and Remonstrance, expressive of their resolution “to
redeem his Majesty from the hands of schismaticks, and place him in his
Parliament with honour and safety—to procure the peace of the three
kingdoms, &c.—all which are not only endangered, but, by likelihood,
ready to be destroyed by the power of an overawing tyrannical army,
under the conduct of Sir Thomas Fairfax;” and to this was added an
oath, taken by the Parliament of Scotland, and ordered to be taken by
all his Majesty’s loyal subjects, in which they vowed to “maintain and
defend with our lives, powers, and estates, his Majesty’s royal person,
honour, and estate, as is expressed in our National Covenant, and
likewise the power and priviledges of Parliament, and the lawful rights
and liberties of the subject.” After referring to doctrines held by
the English Parliament, that _kingly government was inconvenient_, and
the King a _public enemy_; that it contemplated the new and arbitrary
modelling of Parliament, and the ruin and destruction of the House of
Lords;—the declaration referred to, concluded with an intimation, that,
failing a remedy for these impending breaches of treaty and loyalty
on the part of the English usurping Parliament, the Scottish nation
would make such provision of arms and other military forces, as might
secure their religion and their King, kingdom, and parliament.[365] In
pursuance of this resolution, a corps of 3,500 men, under General David
Leslie, was cantoned at Jedburgh, and along the Border.

On the 14th of September, (1647,) the King’s answer to the propositions
which had been sent him, was read in the Parliament, to the effect
that he would give full satisfaction to his people for whatsoever
should concern the settling of the Protestant profession, with liberty
to tender consciences, and the securing of the laws, liberties, and
properties of all his subjects, and the just privileges of Parliament,
for the future.[366] This, after various and long discussions, they
held to be a refusal of their propositions; and, on the 22d of that
month, resolved, “to fall directly upon the settlement of the kingdom,
by establishing such additional laws as might make for the present and
future good of the kingdom, turning the propositions into Bills and
Acts;[367]” and ultimately agreed that tender consciences should be
freed, by way of indulgence, from the penalty of the statute for the
Presbyterian government on account of their nonconformity, who do meet
in some other congregation for worship on Sunday,—that Papists should
be subject to penalties in the statute of Elizabeth against them, but
no indulgence should extend to tolerate the use of common prayer in
any place whatsoever.[368] On the 18th of October, the Commons sent
up sixteen propositions to the Lords, to be sent to the King, among
which were these:—That the militia should be under the direction of
Parliament for twenty years; that bishops, deans, and chapters, should
be abolished; that the bishop’s lands should be sold; that the great
officers of State should be chosen by Parliament; and that Presbytery
should be established for three years.[369]

Meanwhile, the army was also engaged in the work of legislation.
The agitators of sixteen regiments concocted proposals, which were
laid before Parliament on the 1st November, for a reform in the
parliamentary representation—for triennial parliaments—for a power in
the Commons to erect and abolish all offices and courts; and that,
in matters of religion, there should be no parliamentary legislation
whatever—“the ways of God’s worship are not at all intrusted by us to
any human power.”[370]

In these circumstances, the Scottish Commissioners did their duty
manfully: on the 5th of November, they sent a letter to the Speaker of
the Commons, complaining of the violence done to the King’s person by
the army, and of his being still detained in captivity; and intimated
“that no alteration of affairs shall ever separate them from the duty
and allegiance they owe unto his Majesty, nor from their constant
resolution to live in loyalty under his government;” requiring the
English Parliament to concur with them in a personal treaty with
his Majesty.[371] At that time, it appears, the Scottish clergy, of
all parties, were unwearied in their invectives against the English
Parliament and army; and a spirit of hostility was thus fostered and
awakened against them.[372] Such was the state of matters when the King
escaped from Hampton Court; and, on the 15th of November, letters were
received by both Houses from Hammond, the governor, announcing his
Majesty’s arrival at the Isle of Wight. Of the proceedings which took
place on the part of the Scottish Commissioners, from the time of their
first communications with his Majesty in October, till the completion
of the engagement in December following, we deem it unnecessary to
give the details and documents fully, as these are recorded by Burnet,
and may be consulted.[373] The Scotch Commissioners, however, were
zealous, and, so far as we can see, honest in their counsels to the
King to put his veto on the four bills. The consequence of the King’s
refusal to pass these bills in the end of December was, that he was
committed a close prisoner in Carisbrook Castle, by orders of the
English Parliament. From that time forward his Majesty was hedged about
by the creatures of the levelling faction; his letters intercepted
even from the Queen and his daughter; and an English Parliament did
not scruple to violate all the sanctities of domestic affection, and
to subject these documents to the scrutiny of committees of their
appointment.

We must now revert to the proceedings in Scotland arising out of the
state of affairs in England, which we have now briefly explained;
and although there were many circumstances of a cheering nature,
calculated to redeem the national character from the obloquy into
which it had fallen in consequence of its participation in the
rebellious proceedings of the English usurpers, yet was there a great
preponderance of perilous anarchy; and it was at this particular period
that a collision arose betwixt the Kirk and the State, which, within
a very short space, rent the strength of the kingdom in pieces, and
subjected it to the deepest humiliation.

On the 8th of February, 1648, the Grand Committee of the Estates
convened at Edinburgh, and adjourned to the 10th on account of the
absence of the Scots Commissioners. On the 9th, the Commission of
Assembly also met; and, on the 10th, the Committee of the Estates
re-assembled, when Loudoun, and the other Scots Commissioners, made
reports of their proceedings in England during their recent mission.
The discussions which thence arose, and the courses which followed, are
of so important a character as to require particular detail, in order
to illustrate fully the sad state of distraction and disorganization
into which the kingdom had fallen.

The first session of the second triennial Parliament was holden at
Edinburgh on the 2d of March, 1648, and, on the 17th, it appointed
a committee for preventing dangers—Berwick and Carlisle being
garrisoned with malignants. The same day, answers were made to the
communication from the Commission of Assembly, in which the Estates
pledged themselves “that the grounds and causes of undertaking of war
be cleared to be so just as that all who are well affected may be
satisfied in the lawfulness and necessity of the ingadgment;”[374] that
religion and the maintenance of the Covenant should be the principal
end of all the undertakings of this kingdom; and they desired a
Committee of the Church to meet a Committee of Estates on the 24th, to
draw up such a state of the question of war, as might unite the nation
in a unanimous undertaking of such duties as were requisite for the
reformation and defence of religion.

After intervening conferences, the Estates, on the 11th of April,
passed an act anent the Resolutions of Parliament, concerning the
breaches of the Covenant and treaties betwixt the kingdoms of
England and Scotland, and demands for reparation thereof.[375] They
waived mention of the non-payment of arrears due on the “brotherly
assistance,” and the allowance for the Scottish army in Ireland,
(amounting to £312,000 sterling;) and also waived adverting to the
disavowal, by the English, of the treaty of 28th November, 1643: and
enumerating all the breaches of treaty on the part of the English
Parliament, the act concludes with three propositions:—_1st_, That
effectual steps be taken for enforcing the adoption of the Covenant by
all the subjects of the Crown of England, conformably to the treaty
1643, which declared all recusants to be public enemies, and liable
to punishment—that uniformity and Presbyterianism be settled, and the
Directory for worship and Westminster Confession be adopted, and all
heresies and the Service Book be suppressed and extirpated: _2dly_,
That the King should go with all honour, freedom, and safety, to some
of his houses in or near London; and that the Parliaments of both
kingdoms might communicate with him for establishing religion and
peace;—and, _3dly_, That the army of sectaries, under the command of
Fairfax, be disbanded, and none be employed but such as should take the
Covenant, and be well affected to religion and government.

Next day an act was passed for putting the kingdom in a posture of
defence, and constituting committees of war in the several counties;
and on the 19th, the Estates adopted a Manifesto or Declaration to
the nation concerning their Resolutions for Religion, King, and
Kingdoms,[376] in which an elaborate exposition is given of all the
causes of complaint against the English Parliament. It sets forth that
every article of the League and Covenant had been violated and, in
the recent negotiations with the King, entirely set aside—that heresy
and schism were tolerated—that the King’s person had been violently
seized and kept a close prisoner—and it embodied a reiteration of
the propositions above stated, to be made to the English Parliament.
Disavowing any intention of invading England, or breaking up the
amicable relations betwixt the kingdoms, the manifesto stated that the
object of their engagement should be the settling of truth and peace
under his Majesty’s government, and that they would not join with any
who should not sign the Solemn League and Covenant; and it concluded
by a call on all who had zeal for religion, love to monarchical
government, or sense of the sufferings and imprisonment of the King, to
support the cause thus proclaimed to the nation.

On the 11th of May, the Estates granted commission to a committee,
during the recess of Parliament, with ample powers, and addressed a
letter to the several presbyteries within the kingdom, exhorting the
clergy to stir up the people, by their preaching and prayers, to yield
a willing obedience to the orders of Parliament in the furtherance of
its objects. The Parliament then adjourned till the 1st of June.[377]

During the progress of these proceedings, there were many altercations
betwixt the Committees of Parliament and Assembly; and a virulent
opposition arose, which completely severed and crippled the power
of Scotland at so important a crisis. The principles of this kirk
party are thus briefly given by Dr Cook,[378] as vouched by Guthrie,
Baillie, and Burnet:—“The Ministers, led by Gillespie, who shewed the
most inveterate enmity to Charles, required that all classes should
take an oath for preserving the ends of the Covenant. This oath,
which was zealously defended by Argyle, comprehended the following
particulars, sufficiently shewing the virulence of party spirit which
prevailed—That, except the King did first subscribe and swear to both
Covenants, it was not lawful for any to endeavour his restitution—that
there should be no communication with malignants in any of the three
kingdoms—that a negative voice should not be given to the King—that
these articles should be incorporated with the Coronation oath—and that
all who refused to swear to them should be incapable of any office,
civil or ecclesiastical, and should forfeit their estates. Against this
the Parliamentary Commissioners firmly remonstrated; and an attempt was
made by the more moderate ministers to soften some of the articles,
combining them with parts of a declaration which the Committee had
prepared; but all prospect of union was destroyed by the determination
of the Church party to oppose a resolution by the Estates for taking
possession of Berwick and Carlisle, with a view to facilitate future
warlike operations.”

Such a course of opposition, and based upon such principles, needs
no commentary: it was resolved on, with the concurrence of Argyle,
and some English Commissioners then in Scotland. During the recess
of Parliament, in addition to their wonted modes of agitation from
the pulpits, petitions came up from synods requiring Parliament to do
nothing important without the concurrence of the General Assembly;
and the Commission more openly obtruded its interference during the
time that the muster of levies was in progress—drew up an answer
to the Declaration of Parliament which was circulated through the
Presbyteries, denouncing the resolution which had been adopted by
Parliament, ordaining the Ministers to read the counter manifesto from
their pulpits, and threatening all with excommunication and the divine
wrath who should enrol under the standard of the King and Scottish
Parliament. A more monstrous instance of usurpation is nowhere to be
found in the past history of the Reformed Church; and even Baillie,
one of those who was a party to these extravagant pretensions to
political power, is constrained to deplore the consequences which
flowed from it. “The danger of this rigidity,” he remarks, “is like to
be fatal to the King—to the whole isle—both churches and states. We
mourn for it to God. Though it proceed from two or three men at most,
yet it seems remediless. If we be kept from a present civil war, it is
God, and not the wisdom of our most wise and best men, which will save
us. I am more and more in the mind that it were for the good of the
world that churchmen did meddle with ecclesiastick affairs only; that,
were they ever so able otherwise, they are unhappy statesmen.”[379]
But still these misguided men persevered. The Commission presented
new remonstrances when the Parliament re-assembled, in the beginning
of June; and issued an order to all ministers to preach against the
Engagement, under the pain of deposition—an order which disgusted many
of the clergy, and divided the Church and the country into two parties,
known in our history by the names of Resolutioners and Protesters—the
former being in favour of the Engagement for the restoration of the
King and Constitution, even clogged with the Covenant; the latter
insisting on the supremacy of the Kirk and Covenant, over King,
Parliament, and People.

This state of matters could not be tolerated by any civil government
and legislature pretending to have even the remotest semblance of
authority; and accordingly, on the 10th of June, 1648, two Acts were
passed—the one “ordaining all ministers to exhort their people to
obedience to the laws of the kingdom, and assuring these ministers of
their stipend during their lifetime;” the other ordaining the haill
members of Parliament, and all other subjects and inhabitants of the
kingdom, “to subscribe that act for defence of the lawfulness of this
Parliament, and obedience to the acts thereof!”[380] The former of
these narrates that, “having, for the satisfaction of all his Majesty’s
good subjects, emitted a declaration containing the grounds of their
present resolutions, and expecting an humble obedience and hearty
concurrence of all his Majesty’s good subjects, especially of the
ministry, to this their pious and loyall undertaking; _yet_ they finde
that, contrary to diverse standing laws and Acts of Parliament, some
of them are so far from giving obedience thereunto, that they, both
in their sermons, inveigh against it, and in their private discourse
and otherwise, labour, so far as is in their power, to stir up the
people to an open opposition against the authority and proceedings of
Parliament. Neither do they meet with this obstruction by particular
ministers, but also even in these who are now entrusted in the
Commission of the General Assembly, as will appear by their Act of the
5th of June instant, whereby they do recommend to the Presbyteries
that, if any ministers be found who do not declare themselves against
the present ingagement, nor joyne with their brethren in the common
resolutions against it, nor give publick information to the people of
the unlawfulnesse thereof, they may be referred to the next General
Assembly, and if any of them have already declared themselves for it,
that they be presently censured; whereby the estates findes that, to
the great scandal of reformed religion and Presbyteriall Government,
they do not only lay a heavie yoke on the consciences of their
brethren, who, in conscience of their dutie, finde themselves obliged
to give obedience to the lawes of the Kingdom, but also _usurp a power
upon themselves to be judges of the lawes and of the proceedings
of Parliament_, who, by the fundamental laws of the Kingdom, have
in them the only legislative power,” &c. And on these grounds they
ordain the ministers to stir up the people to reverence and obey
the laws and ordinances of Parliament. The other, and relative Act,
enjoins subscription to it; obliging all the King’s lieges to support
Parliament and its constitutions.

Besides these Acts, a further declaration of Parliament was issued,
in answer to supplications from Synods and Presbyteries, (who seem to
have taken the entire affairs of the country into their own hands,
there being no other similar applications from any other classes of
the community,) in which the purpose of upholding religion and the
Covenant is repeated; and it is declared, “Our undertaking shall not
be in any wayes against the Kingdom of England, or to break the union
between the two nations, but only for reformation and defence of
religion, the honour and happiness of the King and his royal posterity,
and the peace and safety of these Kingdoms, against such who have
destroyed religion and imprisoned our King”—requiring from the clergy
and all the King’s good subjects a ready obedience to the command of
the Parliament and Committee of Estates.[381] These declarations were
accompanied by numerous others, for levying and organizing an army to
carry this national enterprise into effect. And, on the 10th of June,
after passing these various statutes applicable to the state of public
affairs, and investing committees with full powers to carry them into
effect, the Parliament adjourned itself to the first Thursday of March,
1650.

We have deemed it fitting—passing over minor occurrences and the
details of party coalitions and matters connected with military
preparations—to present thus fully, from the parliamentary record, the
leading points in the transactions of Scotland in the earlier part
of the year 1648; and we shall now present, in all their fulness,
the Acts of the General Assembly which met on the 12th of July that
year, immediately after the adjournment of Parliament. The position
of the church and country at that time can only be duly appreciated
by viewing, in connection, the corresponding movements of the two
conflicting authorities by which Scotland was so miserably rent and
distracted. The effects will be more decisively developed in the
introduction to the Assembly of the following year.




THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY CONVEENED AT

EDINBURGH, JULY 12, 1648.


Iuly 12, 1648. Post Meridiem. Sess. I.

_The Letter from the Synod of Divines in England to the Generall
Assembly._

  Right Honourable, right Reverend, and dearly beloved Brethren in
  JESUS CHRIST,

  As we have great cause to blesse God for the brotherly Union of these
  two Nations in the common Cause of Religion and Liberty, and for that
  good hand of blessing which hath accompanied the joynt endeavours
  of both, in the prosecution thereof: So we cannot but be sadly
  and deeply sensible of those many obstructions and difficulties,
  wherewith God in his wisdom hath seen good to exercise his Servants
  in both Kingdoms in the carrying on of that work, wherein they stand
  so much ingaged. Herein he hath clearly manifested his own power,
  wisdom, and goodnesse for our incouragement to trust him in the
  managing of his own Work, and our utter inability to effect it of
  our selves; thereby to train us up to a more humble and faithfull
  dependency upon him to do all, when we by our own wisdom and strength
  can do nothing. Our perplexities we must confesse, are and have been
  many, and yet in the midst of them all we cannot but thankfully
  acknowledge it as a token for good, and that wᶜʰ hath bin and still
  is a great comfort and refreshing to our hearts, that God hath given
  you wisdom timely to foresee approaching dangers, but especially to
  behold, as the stedfastnesse of your Faith, in that both formerly
  you have been and at present are able to trust God in straits and to
  appear for him in greatest dangers, so your eminent faithfulnesse and
  integrity in your firm adhering to your first principles, and chiefly
  in your constancy and zeal for the preservation and prosecution of
  the Solemn League and Covenant, so Religiously ingaged in by both
  Kingdoms: In your vigorous pursuance whereof, with much thankfulnesse
  to God, We are very sensible more particularly of your steering so
  steady and even a course between the dangerous rocks of Prophanesse
  and Malignancie on the one hand, and of Errour, Schisme, Heresie and
  Blasphemy on the other hand; as also of your constant desires and
  endeavours to preserve the Peace and Union between the two Nations so
  nearly and so many wayes United. In all which we humbly acknowledge
  the mercy and faithfulnesse of God in guiding you so graciously
  hitherto; and through his assistance we shall still be ready to
  afford you the best help and incouragement of our prayers and praises
  to God on your behalf; having this confidence that he who hath
  already vouchsafed you and us so many blessed pledges of his favour,
  will in his own time and way accomplish his own Work, which so much
  concerneth his own Glory and his Peoples good. To his most gracious
  protection and guidance in these doubtfull and dangerous times we
  humbly commend you and all your holy endeavours, and rest.

_Subscribed in the name and by the appointment of the whole Assembly by
us_,

  CHARLES HERLE, _Prolocutor_.
  WILLIAM GOUGE, _Assessor_.
  HENRY ROBROUGH, _Scriba_.
  ADONIRAM BYFIELD, _Scriba_.

Westminster, June 7, 1648.

DIRECT

  To the Right Honourable, Right Reverend, the Generall Assembly of the
  Church of Scotland, or their Commissioners.

       *       *       *       *       *

Iuly 15. Ante Meridiem. Sess. IV.

_Act concerning Commissions from Burghs._

It is resolved by the Generall Assembly, untill the matter concerning
Commissioners from Burghs be further thought upon, That in the mean
time according to the ordinary practise no Commission to the Generall
Assembly be admitted from Burghs, but such as shall be consented to,
and approven by the Ministry and Sessions thereof; the persons elected
being always Elders.

       *       *       *       *       *

Iuly 18, 1648. Ante Meridiem. Sess. VI.

_Act concerning the examining of the proceedings of the Commissioners
of Assemblies._

The Generall Assembly renews and revives the Act of the Assembly holden
at Bruntiland Anno 1601, concerning the examination of the proceedings
of the Commission of the Generall Assembly, tenour whereof follows.
“The Assembly hath Ordained that in every Assembly to be conveened in
all time coming such as shall happen to be appointid Commissioners from
the Generall Assembly, to endure while the Assembly next thereafter,
shall give an account of their proceedings during the whole time of
their Commission in the beginning of the Assembly, before any other
cause or matter be handled, and their proceedings to be allowed or
disallowed as the Assembly shall think expedient.”

       *       *       *       *       *

Iuly 18, 1648. Post Meridiem. Sess. VII.

_Approbation of the proceedings of the Commission of the preceding
Assembly._

The Generall Assembly having examined the proceedings of the
Commission of the preceding Assembly, especially their Declarations,
Remonstrances, Representations, Petitions, Vindication, and other
Papers relating to the present Engagement in War, Do unanimously finde
that in all their proceedings, they have been zealous, diligent and
Faithfull in discharge of the trust committed to them; And therefore
ratifie and approve the whole proceedings, Acts and conclusions of
the said Commission, and particularly their Papers relating to the
said Engagement, and their judgement of the unlawfulnesse thereof,
Appointing Mr John Moncrieff Moderator _pro tempore_ to return them
hearty thanks in name of the Assembly for their great pains, travells
and fidelity in matters of so great concernment to the Cause of God and
to this Kirk, amidst so great and many difficulties.

       *       *       *       *       *

Iuly 20, 1648. Post Meridiem. Sess. X.

_Approbation of the larger Catechisme._

The Generall Assembly having exactly examined and seriously considered,
the larger Catechisme agreed upon by the Assembly of Divines sitting
at Westminster with assistance of Commissioners from this Kirk, Copies
thereof being Printed, and sent to Presbyteries for the more exact
tryall thereof, and publick intimation being frequently made in this
Assembly, that every one that had any doubts or objections upon it,
might put them in; Do finde upon due examination thereof, That the said
Catechisme is agreeable to the Word of God, and in nothing contrary
to the received Doctrine, Worship, Discipline and Government of this
Kirk, a necessary part of the intended Uniformity in Religion, and a
rich treasure for increasing knowledge among the people of God: And
therefore the Assembly, as they blesse the Lord that so excellent
a Catechisme is prepared, so they Approve the same as a part of
Uniformity; Agreeing for their part, that it be a common Catechisme for
the three Kingdoms, and a Directory for Catechising such as have made
some proficiency in the knowledge of the grounds of Religion.

       *       *       *       *       *

Iuly 21, 1648. Ante Meridiem. Sess. XI.

_Act against sudden admitting deposed Ministers to particular
Congregations._

The Generall Assembly considering the danger of sudden receiving of
deposed Ministers at this time when Malignancy is likely to spread;
Therefore finding it necessary untill the ends of the Solemn League and
Covenant be setled and secured to restrain the suddenness of admitting
deposed Ministers to particular charges; Do ordain that notwithstanding
any License to be granted for opening the mouths of deposed Ministers
yet they shall not be actually admitted to any particular Congregations
without consent of the Generall Assembly; Declaring for such as have
already their mouths opened before the time, that if any calling to a
particular charge offer unto them before the next Assembly, it shall be
sufficient for them to have the consent of the Commissioners of this
Generall Assembly.

       *       *       *       *       *

Iuly 25, 1648. Ante Meridiem. Sess. XIV.

_The Assemblies Answer to the Paper sent from the Committee of Estates
of the 24 July._

The Generall Assembly having considered the Paper of the 24 July
delivered to them from the conference, and having compared it with the
other Paper of the 17 of July presented from the Honourable Committee
of Estates whereunto it relates, and with the Declaration lately
emitted by the Committee to the Parliament and Kingdom of England,
finde that it is supposed by their Lordships, that we may be satisfied
in point of the security of Religion according to the Covenant,
notwithstanding of the present engagement in war; The Assembly do
therefore in answer to the said Paper declare,

That we see no possibility of securing Religion; as long as this
unlawfull Engagement is carried on, Religion being thereby greatly
endangered.

1. Because none of the just and necessary desires of the Commission
of the late Generall Assembly for securing Religion have bin granted
or satisfied; More particularly it was represented to the High and
Honourable Court of Parliament, that for securing of Religion, it was
necessary that the Popish, Prelaticall and Malignant party, be declared
Enemies to the Cause upon the one hand, as well as Sectaries upon the
other, and that all Associations, either in Forces or Councels with the
former as well as the latter be avoided. That his Majesties Concessions
and offers concerning Religion, sent home from the Isle of Wight,
be declared by the Parliament to be unsatisfactory, That before his
Majesties restitution to the exercise of his Royall power, assurance
be had from his Majesty by his solemn Oath under his hand and Seal for
setling Religion according to the Covenant, That their Lordships should
keep themselves from owning any quarrell concerning his Majesties
Negative voice, That the managing of the publike affairs, might be
entrusted onely to such persons as have given constant proof of their
integrity, and against whom there is no just cause of exception or
jealousie, and that there might be no Engagement without a solemn
Oath, wherein the Kirk ought to have the same interest they had in the
Solemn League and Covenant; All which are more particularly expressed
in the Papers given in by the Commission of the late Assembly to the
Parliament; notwithstanding the Engagement hath been carried on without
satisfaction to these and the like desires, and so without giving
security in the point of Religion, but with great and manifest danger
to the same.

2. As the happy Union of the Kingdoms, by the Solemn League and
Covenant hath been justly looked upon as a speciall means for
preserving and strengthening the true Reformed Religion in this
Island, So it is no lesse weakened and hurt by endeavouring a breach
between these Kingdoms; Which howsoever disclaimed, is yet manifest
from the reality of the publike proceedings in this Engagement, and
namely from the neglect of endeavouring a Treaty between the Kingdoms
for preventing of War and bloodshed as was earnestly desired, from
their associating and joyning with known Malignants and Incendiaries,
and such as have been declared Enemies to this Cause, from their
entring the Kingdom of England with an Army, upon the grounds of the
Declaration of the Parliament, which cannot but infer a National
quarrell against the Parliament and Kingdom of England, and from their
garrisoning the frontire Towns of that Kingdom.

3. The Engagement is carried on by such means and ways, as tend to the
destroying of Religion, by ensnaring and forcing the consciences of
the people of God with unlawfull Bands and Oathes, and oppressing the
Persons and Estates of such as have been most active and zealous for
Religion and the Covenant. All which is strengthened and authorized by
Acts of Parliament, appointing that all that do not obey, or perswade
others not to obey the Resolutions of Parliament and Committee anent
this Engagement, or who shall not subscribe the Act and Declaration of
the 10 June, 1648, imposed upon all the Subjects, shall be holden as
enemies to the Cause and to Religion, and have their persons secured
and their Estates intrometted with.

4. The Engagement is carried on, not without great encroachments upon
the Liberties of the Kirk, as we are ready to clear in many particulars.

Wherefore the security of Religion, and carrying on of the present
Engagement being inconsistent, We do propose for the necessary security
and safety of Religion, that all the dangers thereof may be taken to
consideration, and amongst the rest the said Engagement as one of
the greatest which yet being established and authorized by Act of
Parliament, we leave it to their Lordships to think of what remedies
may be provided for redressing grievances which flow from such Acts
and Ordinances, This we are sure of, the publike desires of the Kirk
will abundantly witnesse for us, that such things as were necessary for
the security of Religion, were in due season represented, and yet not
granted by them that had greater power and authority at that time, when
it was much more easie to give satisfaction therein then now; So that
the blame cannot lye upon the Generall Assembly or their Commissioners
that Religion is not secured.

       *       *       *       *       *

Iuly 28, 1648. Ante Meridiem. Sess. XVIII.

_Act and Declaration against the Act of Parliament and Committee of
Estates ordained to be subscribed the 10 and 12 of June, and against
all new Oathes or Bands in the common Cause imposed without consent of
the Church._

The Generall Assembly taking to consideration a Declaration and Act of
Parliament of the date 10 of June, 1648, highly concerning Religion,
and the consciences of the People of God in the Land, and one Act
of the Committee of Estates, of the date 12 of June, 1648, both
published in Print, whereby all Subjects are Ordained by subscription
to acknowledge as just, and oblige themselves to adhere unto the said
Act and Declaration, containing an obligation upon their honours and
credits, and as they desire to be, and to be holden, as lovers of their
Country, Religion, Laws and Liberties, to joyn and concur with their
persons and Estates in the assistance of the execution, and observation
of the Acts and Constitutions of this Parliament, as the most fit and
necessary remedies of the by-gone and present evils and distractions of
this Kirk and Kingdom, and for the preservation of Religion, Laws and
Liberties, and of his Majesties authority, with certification that such
as refuse or delay to subscribe the same, shall be holden as Enemies
and Opposites to the common Cause, consisting in the maintenance of
the true reformed Religion, of the Laws and Liberties of the Kingdom
and of his Majesties authority. Which subscription the Assembly cannot
otherwise look upon, then as a snare for the People of God to involve
them in guiltinesse, and to draw them from their former Principles and
Vows in the Solemn League and Covenant. For that subscription were an
approving of some Acts of Parliament, which they have never yet seen
nor known, they not being all published, were an agreeing to Acts of
Parliament, highly concerning Religion and the Covenant, made not
onely without, but expressly against the advise of the Kirk, were an
acknowledging of this present Engagement in War, in all the means and
ways for promoving the same, to be the most fit and necessary remedies
of the by-gone and present evils, whereas so many Petitions to the
Parliament, from Committees of War, Synods, Presbyteries and Paroches
have made it appear, that they are no way satisfied therewith in point
of conscience; were an ascribing of a power to the Parliament, to
declare these to be enemies to the true Religion, whom the Kirk hath
not declared to be such but rather friends; were an approving of an Act
made for the restraining the liberty of printing from the Kirk, yea
and of all the Acts of the Committee of Estates, to be made in time
coming, till March, 1650, which by Act of Parliament are ordained to
be obeyed; were an allowing of Acts for securing of the persons, and
intrometting with the Estates of such as themselves shall not obey, or
perswade others not to obey resolutions concerning this Engagement,
and for protecting persons under Kirk Censures, and so an infringing
and violating of the Liberties and Discipline of the Kirk established
by the Laws of the Land, and sworn to in the Nationall Covenant to
be defended, under the pains contained in the Law of God. And in all
these, such as do subscribe, do binde themselves not only to active
obedience in their own persons, but to the urging of active obedience
upon all others, and so draw upon themselves all the guiltinesse and
sad consequences of the present Engagement; Yea, such as are Members
of Parliament, and have in the Oath of Parliament sworn not to Vote
or consent to any thing, but what to their best knowledge, is most
expedient for Religion, Kirk and Kingdom, and accordingly have reasoned
against, and dissented from divers Acts of this Parliament, These by
the subscription of this Act, cannot eschew the danger of perjury, in
obliging themselves to active obedience to these Acts, which according
to their Oath, they did judge unlawfull. Neither can the 38 Act of
the Parliament 1640, wherein such a kinde of Band was enacted to be
subscribed by any precedent or Warrant for subscribing of this Act;
For it plainly appears by the narrative of that Act omitted in this
Band, how great a difference there is between the condition of affairs
then and now. Then the Kings Commissioner had left and discharged the
sitting of the Parliament, then the Parliament for sitting was declared
Traitors, and Armies in England and Ireland prepared against them, then
not only the Acts, but the very authority of Parliament was called in
question, then Kirk and State were united in the Cause against the
Malignant party, then nothing was determined in Parliament in matters
of Religion without, much lesse against the advice of the Kirk: But
beside that, it was not thought expedient by the State, that that Band
should be pressed through the Kingdom. The case now not onely differs
from what was then, But is in many things just contrary, as is evident
to all who will compare the two together. And therefore the Generall
Assembly professing all tender respect to the High and Honourable
Court of Parliament and Committee of Estates, but finding a straiter
tye of God lying upon their Consciences, that they be not found
unfaithfull watchmen, and betrayers of the souls of these committed
to their charge, Do unanimously Declare the foresaid subscription to
be unlawfull and sinfull. And do warn, and in the Name of the Lord
Charge all the members of this Kirk, to forbear the subscribing of the
said Act and Declaration, much more the urging of the subscription
thereof, as they would not incur the wrath of God, and the Censures of
the Kirk. And considering how necessary it is that according to the
eighth desire of the Commissioners of the Assembly to the Parliament,
the Kirk might have the same interest in any new Oathes in this Cause,
as they had in the Solemn League and Covenant, and what dangers of
contradictory Oathes, perjuries and snares to mens consciences may
fall out otherwise: Therefore they likewise Enjoyn all the members of
this Kirk, to forbear the swearing, subscribing or pressing of any
new Oathes or Bands in this cause, without advise and concurrence of
this Kirk, especially any negative Oathes or Bands, which may any way
limit or restrain them in the duties whereunto they are obliged, by
nationall or Solemn League and Covenant, and that with certification as
aforesaid. And such as have already pressed or subscribed the foresaid
Act and Declaration, The Generall Assembly doth hereby exhort them most
earnestly in the bowels of Christ, to repent of that their defection.
And Ordains that Presbyteries, or in case of their negligence or being
overawed, the provinciall Synods or the Commission of the Assembly,
which of them shall first occur, and in case of the Synods negligence,
that the said Commission be carefull to proceed against, and censure
the Contraveeners of the Act according to the quality and degree of
their offences as they will be answerable to the Generall Assembly; and
that therefore this Act be sent to Presbyteries to be published in the
several Kirks of their bounds.

       *       *       *       *       *

Eodem die Post Meridiem. Sess. XIX.

_Approbation of the Shorter Catechisme._

The General Assembly having seriously considered the shorter
Catechisme, agreed upon by the Assembly of Divines sitting at
Westminster, with assistance of Commissioners from this Kirk, Doe finde
upon due examination thereof, That the said Catechisme is agreeable
to the Word of God, and in nothing contrary to the received Doctrine,
Worship, Discipline and Government of this Kirk, And therefore Approve
the said shorter Catechisme as a part of the intended Uniformity, to be
a Directory for Catechising such as are of weaker capacitie.

       *       *       *       *       *

_Act discharging a little Catechisme printed at Edinburgh, 1647._

The General Assembly having found in a little Catechisme, printed at
Edinburgh, entituled, “The A, B, C, with the Catechisme, That is to
say, an instruction to be taught and learned of young children,” very
grosse errours in the point of Universall Redemption, and in the number
of the Sacraments, Therefore doe discharge the venting or selling of
the said Catechisme of the foresaid impression, or of whatsoever other
impression the same be of, and all use thereof in Schools or Families,
Inhibiting also all Printers to reprint the same, And recommends to
Presbyteries to take speciall care that this Act be obeyed.

       *       *       *       *       *

Vlt. Iuly, 1648. Post Meridiem. Sess. XXI.

_A Declaration of the Generall Assembly concerning the present dangers
of Religion, and especially the unlawfull engagement in War, against
the Kingdom of England; Together, with many necessary exhortations and
directions to all the Members of the Kirk of Scotland._

It cannot seem strange to any that considereth the great trust that
lyeth on us, comparing the same with the eminent dangers wherewith the
Cause of God is invironed in this land, if at this time We declare
our sense thereof, and warn the people of God from this watch-tower of
the present duties incombent to them: Our witnesse is in heaven, and
our record on high, that we doe not this from any dis-respect to the
Parliament whom we have honoured and will ever honour and also obey
in all things which are agreeable to the Word of God, to our Solemn
Covenants, and to the duties of our callings, Nor from any disloyalty
or undutifulnesse to the Kings Majesty, to whom we heartily wish,
and to his posterity after him, a happy Reigne over these Dominions,
Nor from any factious disposition or siding with this or that party
whatsoever, Nor from any contentious humour about light or small
matters, Nor from any favour to or complyance with Sectaries, against
whose cursed opinions and ungodly practises, we have heretofore given
ample testimony, and are still obliged by Solemn Covenant to endeavour
the extirpation of Heresie and Schism; But from the conscience of
our duty when the glory of God, the Kingdom of his Son, his Word,
Ordinances, Government, Covenant, Ministery, Consciences of People,
Peace and Liberties of the Kirk are incompassed and almost overwhelmed
with great and growing dangers.

How freely and faithfully the servants of God of old have rebuked sin
in persons of all ranks, not sparing Kings, States nor Kingdoms, the
Scripture maketh it most plain to all that look thereon; Neither want
we domestick examples, if we look back a little upon the behaviour of
our zealous Ancestours in this Kirk, who not only in their Sermons
severally with great gravity and freedom reproved the sins of the
time, But more especially in the Kirk Judicatories plain and downright
dealing was most frequent and familiar, as appears in the Assemblies
holden in June and in October, 1582, in October, 1583, in May, 1592,
in May, 1594, and in March, 1595. And not only the General Assembly
by themselves, but also by their Commissioners faithfully and freely
laboured to oppose all the steps of defection; as at other times, so in
the yeer 1596, wherein four or five severall times they gave most free
admonitions to the King, Parliament and Councell, with a Protestation
at the last before God, that they were free of their blood, and of
whatsoever judgement should fall upon the Realm, and that they durst
not for fear of committing High Treason against Jesus Christ the onely
Monarch of his Kirk, abstain any longer from fighting against their
proceedings with the spirituall armour granted to them of God, and
mighty in him for overthrowing all these bulwarks set up against his
Kingdom: And in their Declaration then emitted to the Kingdom, they
shew that it was a main design to have the freedom of the Spirit of
GOD in the rebuke of Sin by the mouth of his Servants restrained; and
therefore they warne all Pastours of their duty in applying Doctrine
and free preaching. Like as the Assembly, 24 March 1595-6 reckons
up amongst the corruptions of the Ministery to be censured with
deprivation, if continued in, the not applying their Doctrine against
the corruptions of the time, which was renewed in our late Assembly
at Glasgow 1638. What hath been done since that Assembly is in recent
memory, and the Papers to that purpose have been published in Print,
and are in the hands of all, Therefore being warranted by the Word
of GOD, and encouraged by the forementioned examples, as after exact
examination, we have approven the proceedings of the Commissioners of
the last Generall Assembly, and specially their Declarations, Desires,
Representations, Remonstrances, Supplications, Vindication and other
Papers, relating to the present engagment in War, wherein they have
given good proof of their fidelity, wisdom and zeal in the cause of
GOD, So we finde our selves necessitate to make known unto all the
People of GOD in this Nation our sense concerning the dangers and
duties of this present time.

The cry of the insolencies of this present Army from almost all the
parts of this Kingdom, hath been so great that it hath gone up to
heaven, and if we should be silent, we could not be reputed faithfull
in the performance of our duty. We do acknowledge that it is incident
unto all Armies to be subject unto some disorders, and the Ministers
of the Kingdom have not been deficient in former times to represent
the same as they come unto their knowledge, calling for the redresse
of them at their hands who had power: But the Commissioners of this
present Assembly from the severall Provinces have exhibited great
variety of abominable scandals and hainous impieties and insolencies
committed by persons imployed in this service, whereof we think fitting
here to give you a touch.

As if liberty had been proclaimed to the lusts of lewd men, These that
have been imployed in very many places of the Land have used horrible
extortion of Moneys at their pleasure, and beside the taking of
victuals as they would for their own use, they have in severall places
wilfully destroyed the same, and have plundered many houses, taking
all away they could, and destroying what they could not carry away; In
this great oppression and spoil of goods as the sufferers were many, so
choise hath been made of those who Petitioned the High and Honourable
Court of Parliament for satisfaction to their Consciences before the
Engagement, or who were known to make conscience of the worship of God
in their families, on whom they might exercise their raging wrath and
unsatiable covetousnesse; Nor stayed their rage here, but as though the
war had been against God, publick Fasts have not only been neglected,
but profaned by riotous spending and making merry, Divine Worship have
been in many parts disturbed, some Ministers and people impeded from
coming together, others scattered when they were met, some taken out of
Kirks in time of worship, others apprehended at their coming out at the
Kirk doors and carryed away; Besides these Ministers in performing the
worship of God have been menaced, contradicted, not without blasphemous
Oathes, yea their persons in Pulpit assaulted, not to speak of the
spoiling of their goods, taking, beating, carrying away their persons
and detaining them for a time. And finally that which exceeds all the
rest and is more immediately and directly against God, there hath also
been many cruell mockings of his Worship, and horrid blasphemies; And
it is not to be marvelled that such insolencies have been committed,
since there hath been admitted upon this service some Papists, some
bloody Irish Rebels, some non-Covenanters, and very many fugitives
from Kirk Discipline, Finally, even those who have been upon the late
Rebellion, and these not onely common Souldiers but Commanders, beside
many voluntiers who have no speciall command and trust.

Besides all these, the Liberties of the Kirk have been grievously
encroached upon: 1. By emitting Declarations from the Parliament and
Committee of Estates, containing severall things highly concerning
Religion without the advice or consent of the Generall Assembly or
their Commissioners, which was a ground of protestation to divers
Members of Parliament who have been most zealous and active in the
Cause. 2. The Article of Religion as expressed in the Declaration
of Parliament hath in it many dangerous expressions, which are
particularly instanced in the Representation of the Commissioners
of the Generall Assembly; And the same Article of Religion in the
late Declaration of the Committee of Estates to England is more
unsatisfactory then the former: Like as in the said late Declaration
there is a totall omission of some most materiall things pretended to
in the Declaration of Parliament as satisfactory in point of securing
Religion, viz. the clause concerning security to be had from his
Majesty by his solemn Oath under his hand and Seal, that he shall for
himself and his Successors give his Royall assent, and agree to such
Act or Acts of Parliament, and Bills as shall be presented to him by
his Parliaments of both and either Kingdoms respectively for enjoyning
Presbyteriall Government, Directory of Worship and Confession of Faith
in all his Majesties Dominions, and that his Majestie shall never
make opposition to any of those, nor endeavour any change thereof;
also the clause against association with any that refuse to take the
Covenant is omitted: From all which it may appear in how great danger
the liberties of the Kirk and even Religion it self are left. 3. In
the close of the Declaration of Parliament, there is a new and unsound
glosse put upon the Covenant and Acts of Generall Assembly, contrary to
the sense of the General Assembly it self, as is more fully expressed
in the Representation of the late Commission. 4. No redresse by the
Parliament of certain injuries complained of to their Lordships by the
Commissioners of the preceding Generall Assembly. 5. Endeavours to
weaken and frustrate Kirk-Censures by making provisions for securing
the stipends of such as shall be censured for their concurring in,
or preaching for this present Engagement. 6. A misrepresentation
of the proceedings of the Commission of the Generall Assembly by
the Parliaments Letter of May 11, to the severall Presbyteries,
endeavouring to incense them against the Commission of the late
Assembly and to pre-ocupie their Commissioners to this Assembly. 7.
Whereas there were many Petitions presented to the High and Honourable
Court of Parliament from the Commissioners of the Generall Assembly,
Synods and Presbyteries against the present Engagement as stated
in the Parliaments Declaration, yet notwithstanding of the said
Petitions, and notwithstanding of many free and frequent warnings
given by faithfull Ministers in their Sermons, notwithstanding also
that it was not unknown how much the generality of the wel-affected
in the Kingdom were unsatisfied in their consciences with the grounds
and way of the said Engagement, yet good people are not onely left
unsatisfied in their and our desires, but compelled and forced either
to sin against their consciences or to be under heavy pressures and
burdens: 8. Yea in the late Band injoyned to be subscribed by all
the Subjects of this Kingdom, men are put to it to joyn and concur
with their Persons and Estates, in the advancement, furtherance and
assistance of the execution, obedience, and observation of the Acts
and constitutions of the late Parliament; and consequently, as many
as think the Engagement unlawfull, shall binde themselves not onely
to obey for their own part against their consciences, but to inforce
the same upon others who refuse, and so not onely be oppressed, but
turn oppressours of others. 9. This all the subjects are required by
the Act and Declaration of Parliament to subscribe, as they desire to
be holden true lovers of Religion. It being further affirmed in the
said Act and Declaration, that the Acts and Constitutions of the late
Parliament, are the most fit and necessary remedies for preservation
of Religion; where the Parliament assume to themselves, without
the advice and consent of the Assemblies of the Kirk, to judge and
determine such things wherein, (if in any thing) the Ecclesiasticall
Assemblies have undoubtedly a speciall interest, viz. who are to be
holden lovers of Religion, and what are the most fit and necessary
remedies for preservation of Religion: Yea it is ordained by the fourth
Act of Parliament, 1640, that for preservation of Religion, Generall
Assemblies rightly constitute, as the proper and competent Judge of all
matters Ecclesiastical, be keeped yearly and oftner _pro re nata_. The
Coronation Oath doth also suppose the antecedent Judgement of the Kirk,
as the proper and competent judge who are enemies to true Religion and
who not; for his Majesty obliged himself by that Oath, that he should
be carefull to root out all Hereticks and enemies to the true Worship
of God, who shall be convict by the true Kirk of God, of the aforesaid
crimes. 10. The General Assembly and their Commissioners are now
deprived of their liberty of Printing, confirmed and ratified by Act of
Parliament, there being an inhibition to the contrary upon the PRINTER,
under the pain of Death by the Committee of Estates.

Whereas the desires of the Commissioners of the last Assembly, for the
safety and security of Religion, and the right manner of proceeding
to war, together with the supplications of Provinciall Assemblies and
Presbyteries, all tending to the composing of the present unhappy
differences, and to the begetting of a right understanding, have
not produced the desired and wished-for effect; But on the contrary
our just grievances being still more and more heightened, iniquity
established by a law, and that law put in execution; We cannot chuse
but declare and give warning to all the people of God in this land,
concerning the sinfulnesse and unlawfulnesse of the present Engagement,
which may be demonstrate by many reasons, as namely,

1. The Wars of GODS people, are called the Wars of the LORD; Numb.
21, 14; 2 Chron. 20, 15, and if our eating and drinking, much more
our engaging in war must be for GOD and for his glory; 1 Cor. 10, 31,
whatsoever we do in word or deed, we are commanded to do all in the
name of the Lord Jesus, and so for his glory, Col. 3, 17. The Kingdom
of GOD and the righteousnesse thereof is to be sought in the first
place and before all other things, Matth. 6, 33. It was the best flower
and garland in the former expeditions of this Nation, that they were
for God and for Religion principally and mainly. But if the principall
end of this present Engagement were for the glory of GOD, How comes
it to passe that not so much as one of the desires of the Kirk, for
the safety and security of Religion in the said Engagement, is to this
day satisfied or granted; But on the contrary such courses taken as
destructive to Religion: And if GODS glory be intended what meaneth the
employing and protecting in this army so many blasphemers, persecutors
of Piety, disturbers of divine worship, and others of notorious and
crying sins. Again, how can it be pretended that the good of Religion
is principally aimed at, when it is proposed and declared that the
Kings Majesty shall be brought to some of his houses in or near London,
with Honour, Freedom and Safety, before ever there be any security had
from him, or so much as any application made to him for the good of
Religion. What is this but to postpone the honour of GOD, the liberties
of the Gospel, the safety of GODS people to an humane interest, and to
leave Religion in a condition of uncertainty, unsetlednesse and hazard,
while it is strongly endeavoured to settle and make sure somewhat else.

2. Suppose the ends of this Engagement to be good (which they are
not) yet the meanes and ways of prosecution are unlawfull, because
there is not an equall avoiding of rocks on both hands, but a joyning
with malignants to suppresse Sectaries, a joyning hands with a black
devill to beat a white devil; They are bad Physicians who would so
cure one disease as to breed another as evil, or worse. That there is
in the present Engagement a confederacy and association in war with
such of the English who according to the Solemn League and Covenant
and Declarations of both Kingdoms, 1643, can be no otherwise looked
upon but as Malignants and enemies of Reformation and the Cause of
GOD, is now made so manifest before Sun and Moon, that we suppose
none will deny it; And tis no lesse undeniable, that not only many
known Malignants, but diverse who joyned in the late rebellion within
this Kingdom are employed, yea, put into places of trust: All which
how contrary tis to the Word of God, no man can be ignorant who will
attentively search the Scriptures, for we finde therein condemned
confederacies and associations with the enemies of true Religion,
whether Canaanites, Exod. 23, 32, and 34, 12, 15, Deut. 7, 2, or other
heathens, 1 King 11, 1, 2, such was Asa his Covenant with Benhadad, 2
Chron. 16, to v. 10. Ahaz his confederacy with the King of Assyria, 2
King 16, 7, 10, 2 Chron. 28, 16, to v. 23, or whither the association
was with wicked men of the seed of Abraham, as Jehoshaphats with Achab,
2 Chron. 18, 3, compared with chap 19, 2, also his association with
Ahaziah, 2 Chron. 20, 35, and Amaziahs associating to himself 100,000
of the ten Tribes when GOD was not with them, 2 Chron. 25, 7, 8, 9, 10.
The sin and danger of such associations may further appear from Isaiah
8, 12, 15, Jer. 2, 18. Psal. 106, 35, Hos. 5, 13, and 7, 8, 11. 2 Cor.
6, 14, 15, and if we should esteem Gods enemies to be our enemies, and
hate them with perfect hatred, Psal. 139, 21, how can we then joyn
with them as confederates and associates, especially in a cause where
Religion is so highly concerned; and seeing they have been formerly in
actuall opposition to the same cause.

3. We are commanded if it be possible and as much as lieth in us to
have peace with all men, Rom. 12, 18, to seek peace and pursue it,
Psal. 34, 14, war and bloodshed is the last remedy after all the ways
and means of peace have been used in vain. The intended war of the
nine Tribes and a half against the two Tribes and half was prevented
by a Message and Treaty of Peace, Josh. 22; The like means was used by
Jepthah (though not with the like success) for the preventing of war
with the King of Ammon, Judg. 11. The very light of nature hath taught
Heathens not to make war till first all amicable wayes of preventing
bloodshed were tried; yet this war hath been driven on without
observing any such method of proceeding except by a message wherein not
so much as one breach was represented. Yea though these two Kingdoms
are straitly united in Covenant, yet these who have carried on this war
did not only neglect to desire a Treaty, but also slight an offer of
a Treaty made from the Parliament of England upon the Propositions of
both Kingdoms.

4. There are many clear and ful testimonies of Scriptures against the
breach and violation of Covenants, although but between man and man,
Psal. 55, 20. Rom. 1, 31. 2 Tim. 3, 3. Especially where the name of
God was interposed in Covenants by any of his people, Jer. 34, 8, 10,
11, 18. Ezek. 17, 18, 19. How much more the violation of a Solemn
Covenant between God and his people, Lev. 26, 15, 25. Deut. 17, 2, and
29, 21, 14, 25. Jer. 22, 8,9. 1 King 19, 10. Dan. 11, 32. Hos. 6, 7.
If therefore the present Engagement be a breach of our Solemn League
and Covenant, then they who have before taken the Covenant, and have
now joyned in this Engagement, must grant by necessary and infallible
consequence, either that the Covenant it self which they took was
unlawful, and such as they cannot perform without sin (which yet they
cannot professe) or otherwise, that the Engagement is unlawfull and
sinfull, as being a breach of Covenant, and so contrary to the Word of
God; that the present Engagement is a breach of Covenant may appear by
comparing it with each of the Articles, for it is against all the six
Articles of the Covenant.

Against the first, because instead of the preservation of the Doctrine,
Worship, Discipline and Government of this Kirk; there is not onely a
great quarrelling by those that do Engage, at the present doctrine,
and free preaching, a disturbing of, and withdrawing from the Worship,
and namely from the late solemn humiliation: But also a refusall of
such things as were desired by the Commission of the late Assembly
and Provinciall Synods, as necessary to the preservation of the true
Reformed Religion: And we have just cause of fear that the Reformation
of Religion in Doctrine, Worship, Discipline and Government is not
intended to be sufficiently maintained and preserved, when we finde
such a limitation and restriction in the late Declaration of the
Committee of Estates to the Parliament and Kingdom of England, That
they will maintain and preserve the Reformation of Religion, Doctrine,
Worship, Discipline and Government, as is by the mercy of GOD, and
his Majesties goodnesse established by Law among us; but as there is
no such limitation in the Covenant, so we have not had such proof of
his Majesties goodnesse as to establish by Law all that hath been by
the mercies of God inacted in Generall Assemblies. As to the rest of
the first Article, concerning the Reformation of England and Ireland,
and the Uniformity, as there was some hopefull beginings thereof,
and a good foundation laid, during the late War against the Popish
Prelaticall and Malignant party, so the state and ground of the War
being now altered, and these chosen for confederates, and associates
in the War, who are known enemies to that Reformation, and Uniformity,
how can the Covenant be keeped in that point as long as such a War is
carried on.

The second Article is violated because in stead of indeavouring to
extirpate Popery and Superstition without respect of persons (as is
exprest in the Covenant) there is in the late Declaration of the
Committee of Estates a desire of the Queens return, without any
condition tending to the restraint of her Masse or exercise of Popery;
We do also conceive there is a tacit condescending to the toleration
of Superstition and the Book of Common-prayer in His Majesties family,
because as it was reserved by himself in his concession, brought home
by the Commissioners of this Kingdom, So these concessions were never
plainly declared by the Parliament to be unsatisfactory to their
Lordships, howbeit it hath been often and earnestly desired: neither
can we conceive how the clause concerning the extirpation of Prelacy,
can consist with indeavouring to bring His Majesty with Honour, Freedom
and Safety to one of his Houses in or about LONDON, without any
security had from him, for the abolition of Prelacy; it being his known
principle (and publickly declared by himself shortly after he went to
the Isle of Wight) that he holds himself obliged in conscience, and by
his Coronation Oath to maintain Archbishops, Bishops, &c. Can it be
said that they are endeavouring to extirpate Prelacy, who after such a
Declaration would put in His Majesties hand an opportunity to restore
it?

As for the third Article we cannot conceive how the preserving of
the Priviledges of Parliament, and asserting the Kings negative
voice can consist; And we are sorrowfull that under the colour, of
the Priviledges of Parliament, the liberties of the Subjects are
overthrown, and the persons and Estates of such as have been best
affected to the Cause and Covenant are exposed to most grievous
injuries, crying oppressions: And whereas the duty in preserving and
defending his Majesties Person and Authority, is by the third Article
of the Covenant qualified with, and subordinate unto the preservation
and defence of the true Religion and Liberties of the Kingdoms, There
is no such qualification, nor subordination observed in the present
Engagement, but on the contrary, it is so carried on, as to make duties
to God and Religion conditionall, qualified, limited; and duties to the
King absolute and unlimited.

The fourth Article of the Covenant is so foully broken, that they who
were by that Article declared Enemies, Incendiaries, Malignants, and
therefore to be brought to condigne tryall and punishment, are now
looked upon as friends and associates, and are the men who get most
favour and protection, and sundry of them imployed in places of trust,
in the Army and Committees.

For the fifth Article, instead of endeavouring to preserve Peace and
Union, a breach is endeavoured between the Kingdoms, not only by taking
in and garrisoning their frontire Towns, but also entering the Kingdom
of England with on Army, and joyning with the common enemies of both
Kingdoms, notwithstanding of an offer of a Treaty upon the Propositions
of both Kingdoms made by the Parliament of England to the Parliament of
this Kingdom. And whether the way of this Engagement can consist with
the large Treaty between the Kingdoms, we shall wish the Honourable
Committee of Estates may yet take it into their serious second thoughts.

The sixth is also manifestly broken, for we are thereby obliged to
assist and defend all those that entered into this League and Covenant,
in maintaining and pursuing thereof: Whereas the Army now entered
into England, is to assist and defend many who have not entered into
that League and Covenant: And for those who took the Covenant in that
Nation, and continue faithfull in it, what they may expect from this
Army, may be collected not onely from their carriage towards their
Brethren at home; but also from that clause toward the close of the
late Declaration of the Committee of Estates, _And that we will do
prejudice or use violence to none (as far as we are able) but to such
as oppose us, or such ends above mentioned._ It cannot be unknown that
many of the English Nation who are firm and faithfull to the Covenant,
and Presbyteriall Government do, and will according to their places and
callings oppose some of those ends above mentioned in that Declaration;
as namely, the restoring both of King and Queen without any condition
or security first had from them; And so by that rule in the Declaration
they must expect to be used as enemies, not as friends. That sixth
Article is also broken by a departing from the first principles and
resolutions, and by dividing, and withdrawing from those that adhere
thereunto, which hath been before cleared by the Commission of the late
Generall Assembly in their Declaration in March, Representation, and
other Papers published in Print.

5. We leave it to be seriously pondered by every one who is truely
conscientious, whether it be any ways credible or probable, or
agreeable to Scripture rules, that the generality of all that have been
most faithfull and cordiall to the Covenant and cause of God should be
deceived, deluded and darkened in this businesse, and that they who
for the most part were enemies to the work of God in the beginning,
and have never brought forth fruits meet for Repentance, should now
finde out the will of God more then his most faithfull Servants in the
Land; and who, that fears God, will believe that Malignants are for the
ends of the Covenant, and that they who are most instrumentall in this
Reformation, are against the ends of the Covenant.

All which considered, as we could not, without involving our selves
in the guiltinesse of so unlawfull an Engagement, yeeld to the desire
of the Army for Ministers to be sent by us to attend them; So we do
earnestly exhort, and in the name and authority of Jesus Christ, charge
and require all and every one of the Members of this Reformed Kirk of
Scotland;

I. That they search narrowly into the sins which have procured so great
judgements and so sad an interruption of the work of God, that they
examine themselves, consider their wayes, be much in humiliation and
prayer, study a reall and practicall Reformation, That they also mourn
and sigh for the abominations of the Land, and stand in the gap to
turn away the wrath. Among all these fearfull sins, the violation of
the Solemn League and Covenant, would not be forgotten but seriously
laid to heart, as that which eminently provoketh the Lord, and
procureth his judgements to be powred forth not onely upon persons and
families, but also upon States and Kingdoms. Covenant breakers though
in common things, are reckoned by the Apostle in that Catalogue of
the abominations of the Gentiles: But among the people of God, where
his great name is interposed, the breach of Covenant even in meaner
matters, such as the setting of servants at liberty provoketh the Lord
to say, _Behold I proclaim a liberty for you (saith the Lord) to the
sword, to the pestilence, and to the famine, and I will give the men
that hath transgressed my Covenant_, and (not excepting, but expresly
mentioning Princes) he addes, _I will give them into the hands of their
enemies_. The History of the Gibeonites, who surreptitiously procured
the Covenant made to spare them, and whom Saul some ages thereafter in
his zeal to the children of Israel and Judah sought to slay, as being
cursed Canaanites, evidenceth with what vengeance, the LORD followeth
Covenant-breakers, whereof there wants not in prophane History also
both forreign and domestick examples; Therefore let all the inhabitants
of the Land of whatsoever rank, seriously ponder how terrible
judgements the violation of a Covenant so recently, so advisedly, so
solemnly made, and in so weighty matters, may draw on, if not timously
prevented by speedy repentance.

II. That they so respect and honour Authority as that they be not the
servants of men, nor give obedience to the will and authority of Rulers
in any thing which may not consist with the word of GOD, but stand
fast in the liberty wherewith CHRIST hath made them free, and obey GOD
rather then men. III. That they carefully avoid the dangerous rocks
and snares of this time, whereby so many are taken and broken.

Upon the one hand the sowre leaven of Malignancy where ever it enters,
spoileth and corrupteth the whole lump, post-poning Religion, and
the Cause of GOD to humane interest, what ever be pretended to the
contrary, and obstructing the work of Reformation, and propagation of
Religion out of false respects and creature interest. As this hath
formerly abounded in the land, to the prejudice of the Cause and Work
of GOD, so of late it is revived, spreading with specious pretences of
vindicating wrongs done to his Majesty. We desire not to be mistaken,
as if respect and love to his Majesty were branded with the infamous
mark of Malignancy; But hereby we warn all who would not come under
this foul stain, not onely in their speech and profession, but really
and in their whole carriage not to prefer their own, and the interest
of any creature whatsoever, before the interest of CHRIST and Religion.
The characters of these have been fully given in former Declarations,
specially in the Declaration of the Commissioners of the Generall
Assembly in March last, which we hold as here repeated; onely adding
this, that they ordinarily traduce Kirk Judicatures, as medling with
civill affairs, which as it is no new calumny, but such as hath been
cast upon the servants of GOD in former times; so the whole course of
proceedings doth manifestly confute the same.

Upon the other hand Sectarisme hath no lesse hindered the blessed and
glorious work of Reformation in our neighbour Kingdom, against the
venome whereof, lest it approach and infect this Kirk, we have need to
watch diligently to avoid all the beginnings and dangerous appearances
thereof. The many faithfull testimonies from godly Ministers in
severall parts of England, against the vile errours, and abominable
blasphemies abounding there, as they are to us matter of rejoycing
before the LORD; so they ought to be looked on as warnings to all
sorts of people, especially that regard Religion, to beware of Sathans
snares, craftily set to catch their souls. And because such gangreens
creep insensibly, all that love the Honour of GOD, and welfare of
Religion, would seriously consider the following points, both by way of
marks to discern, and meanes to escape the danger of this infection.

1. Whosoever are misprisers of the blessed work of Reformation
established within this Land, and do not shew themselves grieved for
the impediments and obstructions it hath met with in our neighbour
Kingdom, these are even on the brink of this precipice, ready to
tumble down in this gulf whensoever occasion is offered: All therefore
that love the LORD JESUS, would stir up their hearts in the light and
strength of the LORD highly to prize, and thankfully to acknowledge
what the right hand of the most High hath done among us, as also to
thirst fervently after the advancing and perfecting of the LORDS work
among our neighbours.

2. Dis-respect to the publick Ministery and Ordinances is a symptome of
a dangerous inclination to that disease: And therefore as all CHRISTS
Ministers ought to stir up themselves, to walk as becometh their high
and holy calling, lest they be stumbling blocks to the people of
GOD; so also all the people of GOD ought most carefully to stir up
themselves unto a precious estimation of the Ordinances of GOD, and
highly to esteem the Stewards thereof for their works sake. A duty
at all times needfull, but now especially, when Sathan by all means
endeavours the contrary.


3. Indifferency in points of Religion, and pleading for Toleration to
themselves or others how far soever different among themselves, is not
to be forgotten among the characters of Sectaries, and therefore ought
the more carefully to be avoided and opposed by all who desire to hold
fast the profession of their faith without wavering.

4. They who are glorying in, and seeking after new lights, or under the
pretext of them are self-conceited in singular opinions, or who affect
new and strange expressions, are entring into the snare ready to be
carried about with every winde of Doctrine. And therefore albeit we
ought always as Disciples of the LORD to set our selves as in his sight
to be taught by his Spirit according to his Word, yet in this time so
fertil of errours, it becometh all the lovers of truth to hold fast
what they have received, that no man take their Crown.

5. Whosoever brings in any opinion or practise in this Kirk contrary
to the Confession of Faith, Directory of Worship or Presbyterian
Government may be justly esteemed to be opening the door to Schisme
and Sects: And therefore all depravers or misconstructers of the
proceedings of Kirk-Judicatories, especially the Generall Assembly
would take heed least by making a breach upon the walls of Jerusalem
they make a patent way for Sectaries to enter.

6. They who separate the Spirit from the Word, and pretend the Spirit,
when they have no ground or warrant from the Word, are already taken in
an evil snare, And therefore tis necessary to try the Spirits whither
they are of God, for many false Prophets are gone out into the world,
if they speak not according to the word it is because there is no light
in them.

Besides the former, these are also marks of a Sectary; If any commend,
and recommend to others, or spread and divulge the erroneous books of
Sectaries, If any allow, avow, or use Conventicles or private meetings
forbidden by the Acts of the Generall Assembly 1641 and 1647 last past,
If any be unwilling, and decline to reckon Sectaries among the enemies
of the Covenant, from whom danger is to be apprehended, And (though we
disallow the abusing and Idolizing of learning to the patrocinie of
Errour or prejudice of piety) if any contemn literature as needlesse at
best, if not also hurtfull to a Minister.

When we thus expresse our selves for preventing the dangers of Sects
and Schismes, it is far from our intention to discourage any from the
duties of piety, and mutuall edification, according to the directions
of the last Assembly published in Print, and seriously recommended by
them, or to give any advantage to Malignants and prophane persons,
with whom it is frequent to cast upon all those who adhere to former
principles, and cannot approve the present Engagement, the odious
nick-names of Sectaries and Independents. For the better discovery of
such prophane mockers, we give these markes and characters. 1. They
do prophanely and tauntingly abuse the name of the Spirit, under that
name deriding the work of Grace and Sanctification. 2. They esteem and
speak of exercises of conscience, as fancies or fits of melancholy.
3. They mock at Family-worship and the means of mutuall edification
so much recommended by the last Assembly in their directions. 4. They
do usually calumniate godly Ministers, and professors who follow
holinesse, with the names of Sectaries, or the like odious names,
without any just cause: As we account all such to be enemies to the
practise and power of godlinesse, so we do exhort all the lovers of
truth to hold on in the way of holinesse through good report and ill
report, being stedfast, immovable, alwayes abounding in the work of the
Lord, forasmuch as they know their labour is not in vain in the Lord.

IV. That they do not concur in, nor any way assist this present
Engagement, as they would not partake in other mens sins, and so
receive of their plagues, but that by the grace and assistance of
Christ they stedfastly resolve to suffer the rod of the wicked, and the
utmost which wicked mens malice can afflict them with, rather then to
put forth their hand to iniquity.

V. That they suffer not themselves to be abused with fair pretences and
professions usuall in the mouths of those that carry on this designe,
and often published in their Papers, But remember that the foulest
actions have not wanted specious pretences; And if they who killed
the Apostles did both pretend and intend to do God good service, what
marvell that they who engage against the Covenant pretend to engage for
it. Neither is it to be forgotten, That after the first subscription
of our Nationall Covenant, these who had the chief hand in managing
publick affairs, and had subscribed the Covenant, especially the Duke
of Lenox, and Captain Jones then Earle of Arran, in the years 1581,
1582, 1583, 1584, when their designe was to subvert both the Doctrine
and Discipline of this Kirk, yet gave great assurances by promises
and Oaths to the contrary. At the Assemblies 1598, 1599, 1600, It was
declared with many vows and attestation by the King, Statesmen, and
these Ministers who were aspiring to Prelacy, That they intended no
such thing as a change of the Government of the Kirk, or an introducing
of Episcopacy, yet they were really doing what they disclaimed and
professed not to do. And suppose that some who have an active hand
in carrying on the present publick affairs, have no design either to
destroy Religion, or utterly to sleight it: yet the way they are on,
and work they are about as it is contrived, doth of its self, and in
its own nature tend to the endangering, if not to the utter subversion
of Religion; for it cannot be denyed, but the very undertaking of
this War, sets the once suppressed Malignants on work again, and
successe therein puts them in a capacity to set up according to their
principles abolished and abjured corruptions; which will be the more
hardly hindered, considering his Majesties propension, and professed
resolution that way, Especially seeing His Majesties concessions
(though it hath been often desired) have never been plainly declared
unsatisfactory by the Parliament. And who in reason can think that
any more then His Majesties concessions sent from the Isle of Wight
will be required of him, by them who thereupon have proceeded to this
Engagement. The Kings negative voice (asserted in the Papers of the
Commissioners of this Kingdom unto England, which are owned in the late
Declaration to the Kingdom of England, as the sense of this Kingdom)
considered in relation to Religion makes the danger yet the greater and
more palpable, yea, may reach further to shake and unsettle Religion
established in this Land; If to the premises this be added which is not
only often declared, but also demanded, That his Majestie be brought
to one of his houses in Honour, Freedom and Safety, which may infer
the admitting of his Majesty to the free exercise of his Royall power,
before security had from him for Religion, or Application made to him
for the same, who sees not now what hazard Religion runs, certainly
greater then a good intention can salve.


VI. That they do not mistake, or misunderstand the nature of the
true Reformed Religion, and of the Government of JESUS CHRIST, as if
thereby either the Prerogative of Kings, Priviledges of Parliaments
or Liberties of Burghs, and other Corporations were any wayes hurt
or weakened: whereas indeed Religion is the main pillar and upholder
of civill authority, or Magistracie, and it is the resisting, and
not the receiving of the Government of CHRIST, which hath overturned
civill powers. If the Throne be established by righteousnesse (as
we are plainly taught by the Word of GOD) then it is overthrowne by
unrighteousnesse and iniquity.

VII. That they beware of all things which may ensnare their
consciences, as evil councell, evil company, false informations,
rash promises, and especially that they beware of taking any Oathes,
subscribing any Bonds, which may relate to the Covenant and Cause of
GOD, unless such Oaths or Bonds be approved by the Generall Assembly or
their Commissioners for the publique affairs of the Kirk.

VIII. That they do not cast away their confidence, nor sink into
despair, because of the present dangers and difficulties, but live by
faith, waite for better times, and continue stedfast as seeing him who
is invisible, firmly beleeving that such a course as is not of GOD but
against him, will come to naught.

IX. To remember, that as the violation of the Covenant by some in
England doth not set us free from the observation thereof, and as no
laws nor authority on earth can obsolve us from so solemn an obligation
to the most High GOD (which not onely hath been professed by this Kirk
but in a Petition of the City of London, and in publique Testimonies
of many of the Ministery of England) So we are not acquited and
assoiled from the obligation of our solemn Covenant, because of the
troubles and confusions of the times; But that in the worst of times
all those duties, whereunto by Covenant we oblige our selves, do still
lie upon us, for we have sworn (and must perform it) concerning that
Cause and Covenant wherein we solemnly Engaged, _That we shall all the
dayes of our lives zealously and constantly continue therein against
all opposition, and promove the same according to our power against
all lets, and Impediments whatsoever_. And if against all lets and
impediments whatsoever, then the altering of the way of opposition, or
of the kinde of impediments doth not alter the nature or tye of the
Covenant, but we are obliged to all the duties therein contained.

We doe also exhort and charge in CHRISTS Name the Prince of Pastors,
all the Ministers within this Kirk, that in no wayes they be accessary
to this sinfull Engagement, but in all their conferences and reasoning,
especially, in their publick Doctrine, they declare themselves
freely, and faithfully, as they would eschew the wrath of GOD, due
for a violated Covenant, and as they would escape the censures of the
Kirk, and let all Presbyteries be watchful within their bounds, and
carefully, wisely, and zealously to inflict Ecclesiastick censures.

Finally, we exhort all civill Judicatories, and every one intrusted
with power to manage the present affairs, That they would seriously
remember the strict account they are to give before the Judge of the
quick and the dead, Considering deeply how fearfull a thing it is to
oppresse the consciences of their brethren, either by pressing them
to act where they finde no satisfactory warrant, or by putting heavy
pressures upon them for not acting according to their injunctions, and
especially that they offer not to insnare by new Oaths, or Bonds those
that make conscience of the great Oath of their Solemn Covenant, and
hitherto have proven faithfull and constant in promoving jointly all
the ends thereof.

If this our faithfull warning finde favourable acceptance, so that the
grievous things already enacted, be no more prosecuted and pressed, we
shall blesse God who reigns in the Kingdoms and Councells of men: But
if it fall out otherwise (as God forbid) we have liberate our souls
of the guiltinesse of this sinfull way of Engagement, and of all the
miseries that shall ensue thereby upon this Kirk and Kingdom. And shall
lament before the Lord that our labours have not as yet had the desired
successe. In the mean time, we dare not cast away our confidence, but
trusting in the name of the Lord, and staying upon our God, shall by
his grace and assistance continue stedfast in our Solemn Covenants, and
faithfull in all the duties of our Calling.

       *       *       *       *       *

August 1, 1648. Ante Meridiem. Sess. XXII.

  _The Generall Assemblies Answer to the Paper sent from the Honourable
  Committee of Estates of the Date Iuly 28, 1648._

The General Assembly having considered the Paper of the 28 of July,
delivered to them from the Honourable Committee of Estates, Do finde
that the first part thereof concerning the great Offers made by the
Parliament and Committee of Estates for the security of Religion, is
no other but what was fully answered in our last Paper of the 25 of
July, delivered to their Lordships, wherein it was plainly demonstrate
by Theologicall reasons (though their Lordships are pleased to call
them Politick) that the present Engagement is inconsistent with the
safety and security of Religion. Next whereas it is affirmed in their
Lordships Paper, that these grounds and reasons are the same which were
fully answered before, we wish it had been instanced when and where
they were answered, for we know no such thing.

Another reflection upon that former Paper of ours is thus expressed,
“That the Generall Assembly hath proceeded to such a Declaration before
they had in an Ecclesiastick way from clear testimonies out of the word
of God or convincing of our consciences, demonstrate the unlawfulnesse
of the undertaking:” Where we can see no reason why it should seem so
very strange to the Honourable Committee, that the Generall Assembly
hath so proceeded to a Declaration of their judgement concerning this
businesse. For as it hath been no unusuall thing, but very ordinary
that approved Synods, both Provinciall, National, and Oecumenicall have
declared their judgement, without publishing the particular grounds and
reasons thereof from Scripture (a work more proper for full Tractates
then for Synodicall Decrees or Cannons.) So if their Lordships had been
pleased to attend (for many attended not) the late Parliament-Sermons
mainly intended for their Lordships information, and had with mindes
unprejudiced, hearkened thereunto, and searched into all the Papers
lately published in Print by the Commission of the last Assembly, they
might have been by the blessing of God convinced from the Word of God
of the unlawfulnesse of the present Engagement.

There are three things which may justly seem to us more strange: One
is, That the Declaration of Parliament having given assurance in this
manner, “We are resolved not to ingage in any War before the necessity
and lawfulnesse thereof be cleared, so as all who are wel-affected may
be satisfied therewith;” yet now they have ingaged in War without any
such clearing of the necessity and lawfulnesse thereof, or satisfaction
given to the wel-affected.

Another is, that although there are so great professions and offers
in the generall to satisfie what can be desired for the security of
Religion, yet none of those particulars desired by the late Commission
of the Kirk for the security of Religion have been granted. We shall
here onely give instance in one of those desires, which was, that
His Majesties concessions and offers concerning Religion, sent home
from the Isle of Wight, having been found by the said Commission
unsatisfactory and destructive to the Covenant, might be by the Parl.
declared unsatisfactory to their Lordships.

In this great point there hath been no satisfaction given, onely it
was lightly touched in one clause of the Parliaments Declaration, and
so ambiguously expressed, as might suffer many interpretations, and
although this ambiguity was clearly laid open by the Commissioners
of the last Generall Assembly in their Representation; yet to this
day there hath been nothing published neither by the Parliament nor
Committee of Estates to give any clearer satisfaction, by disclaiming
those offers and concessions as unsatisfactory to the Parliament: So
that this (if there were no more) gives us great cause to apprehend
that there is a greater mystery latent in that businesse then yet
appeareth.

A third thing which seemeth strange to us is, That their Lordships
desire of arguments from Scripture to prove the unlawfulnesse of
this Engagement was not propounded to the Commissioners of the last
Assembly, before the emitting of the Declaration of Parliament, and
before the Levies (when it had been most orderly and seasonable) but is
now propounded after publick Resolutions and Declarations, yea not till
those resolutions are put in actuall execution.

However seeing their Lordships do now desire proofs from Scripture for
the unlawfulnesse of the Engagement.

We answer, That as joyning and concurring in this Engagement is
unlawfull to all the wel-affected in this Kingdom, their consciences
being altogether unsatisfied in the lawfulnesse thereof; and as it is
unlawfull in the manner of putting it in execution, being accompanied
with so many injuries, oppressions, and crying abominations, and with
so much persecution of piety; so it is unlawfull in the own nature
of it, and as it is stated upon the grounds of the Declarations of
Parliament, and Committee of Estates. And this unlawfulnesse of
the Engagement in it self, we have demonstrate in the Declaration
herewith communicate to their Lordships, unto which we remit them for
satisfaction in that point, and do not doubt but their Lordships may be
convinced thereby of the evil of their way, and that it is so far from
being a pious and necessary Engagement (as their Lordships are pleased
to call it) that it is a most unlawfull and sinfull Engagement to be
repented of, and forsaken by all that have any hand in it, as they
desire to make their peace with God. And we heartily wish that their
Lordships subsequent proceedings may be reall testimonies, that their
calling for Scripture proofs was from a reall desire to be informed and
edified.

As to their Lordships other desire of our demonstrating from the Word
of God, that the Kirk hath interest in the undertakings and Engagements
in War, and what that interest is, We had thought this point to be
without controversie in this Kingdom, not onely in respect of Kirk and
State, their joyning and co-operating (each in their proper sphere, in
the former Expeditions of this Kingdom into England, but also because
the very Conferences which have been between Committees of Kirk and
State concerning this undertaking and Engagement, doth plainly suppose
an interest of the Kirk in such affairs.

If their Lordships mean any politick interest in such undertakings,
we claim no such thing, if the meaning be of a Spirituall interest
and so far as concerneth the point of Conscience, there can be no
doubt thereof made by such as do with David make the testimonies of
the LORD their Counsellors, Psalm 119, 24. And consult with GOD as he
used to do in undertaking War: It is also to be remembred that Joshua
and all the Congregation of Israel were commanded to go out and in at
the word of Eliazer the Priest, who was to aske councell of the LORD
for them, Numb. 27, 28. Hath not the Word of God prescribed to the
Christian Magistrate the Rules of a lawfull War, And doth it not belong
to particular Ministers, much more to the Assemblies of the Kirk, to
declare the minde of God from Scripture, for all sorts of duties,
and against all sorts of sins. And if the present War be a case of
conscience, and alledged to be the most fit and necessary means for
preservation of Religion, who seeth not that the Kirk hath an undoubted
interest in resolving and determining such a case of Conscience
from the word of God. This we shall onely adde, that whereas in the
Parliaments Letter to the Presbyteries three instances were adduced
by way of reflection upon the proceedings of the late Commission,
as medling with Civill matters in which they had no Interest, The
Commission did in their Printed Vindication so clear from Scripturall
grounds their Interest in such things, as their Lordships might have
been easily satisfied in that point. We shall here onely mention one
passage containing a good and safe rule for such Cases, The Duties
of the second Table, as well as of the first, as namely, The Duties
between King and Subject, Parents and Children, Husbands and Wives,
Masters and Servants, and the like being contained in, and to be taught
and cleared from the Word of God, are in that respect, and so far as
concerneth the point of Conscience, a subject of Ministeriall Doctrine,
and in difficult cases a subject of cognizance and Judgement, to the
Assemblies of the Kirk.


Eodem die, Post Meridiem. Sess. XXIII.

  _A Declaration and Exhortation of the Generall Assembly of the Church
  of Scotland, to their Brethren of England._

As the necessity of preserving a right understanding and mutuall
confidence betwixt the Churches of Christ in both Kingdoms constrains
us, so the good acceptance and the suitable affections that the
Declaration of the last Generall Assembly met with in England from the
Lovers of the Covenant and present Reformation, together with the many
Testimonies that have of late been given unto the Truth in that Land,
invites and incourages us to make known unto our Brethren there, our
sense of the present condition of publick affairs, so far as concerns
Religion and the point of Conscience.

The dispensation of God in ruling of the Nations, and in the
revolutions of his Providence towards them, is full of wonder in all
the earth; And we, who live in this Island, have cause to look upon it
with speciall observation, in regard of that which concerns our selves.
For many generations these two Kingdoms stood at odds and were the
instruments of many sufferings and calamities one to another, untill
at last the LORD having compassion upon both, did unite them under one
King; which great and long desired Blessing hath received such increase
from our being united together in one League and Covenant as doth adde
much to the good and happinesse of both Nations: Therefore is it to
be looked upon by all the Lovers of Truth and Peace in these Lands as
a just ground of much thanksgiving and many praises unto GOD, even in
the day of our greatest calamity and affliction what ever befall, as
we know no cause why we should forget so great a mercy or repent of so
good a work.

But as the common Enemies of these Kingdoms studied by all means to
keep them from entring into that Covenant, so hath all their power and
policy, now, for five years past, been imployed to bring it to nought:
As soon as it had being the Popish, Prelaticall and Malignant Party
did bend all their forces against it; and when by the mighty hand
of GOD they were scattered and brought to confusion, in their stead
stood up in England a generation who have perverted the Truth, and by
turning aside into Errour have obstructed the work of Reformation;
and by forsaking of the Covenant, and forgetting of the Oath of GOD,
have brought a great reproach upon his Name, and made the Enemy to
blaspheme; whose unthankfulnesse and unstedfastnesse, with the many
provocations of these Lands, hath provoked the Lord again to raise
out of the dust the horn of Malignants, and to arm them with such
power as is terrible to his People, and threatens his Work with ruine.
And albeit, we acknowledge our selves bound and are still resolved
to preserve and defend his Majesties Person and Authority in the
preservation and defence of the true Religion and Liberties of the
Kingdoms: Yet it is unto us matter of very great sorrow and grief
that so many in our Land should so far joyn in Malignant Designes,
and that there should be found amongst us who have undertaken and are
now putting in execution an unlawfull War for promoving their ends
and opposing and making void (so far as in them lies) the Ends of the
Covenant: Neverthelesse in this we cannot but rejoyce that they went
not without a Witnesse and a Warning disswading them to go.

And we desire our Brethren of England to know, that as a very
considerable number of the Members of the Parliament did dissent from
and protest against the proceedings of the major part in reference
to this Engagement, so all the particular Synods and Presbyteries in
this Kingdom, excepting some few, who by reason of their remotenesse
and shortnesse of time had not the opportunity, have most harmoniously
joyned with and seconded the Desires of the Commissioners of the
Generall Assembly for preventing so unlawfull a War: And now the
Commissioners out of all the Provinces conveened in this Nationall
Assembly, as after an exact examination they have unanimously
approved the proceedings of the Commissioners of the former Assembly
against that Engagement; so have they emitted a Declaration to all
the People of GOD in this Land, shewing it to be contrary to GODS
Word and to the Solemn League and Covenant. Neither have Ministers
onely by their preaching, and Kirk Judicatories by their Petitions
and Declarations given testimony against it; but many others in this
Land also by supplicating the High and Honourable Court of Parliament
for satisfaction to their Consciences thereanent: and when it could
not be obtained, many have chosen rather to suffer the spoiling of
their goods with joy, then to sin against GOD by complying with an
evil course. And many of the Officers of our former Army, who are of
speciall note for their good carriage and deserving in the Cause of
GOD, have rather choosed to quit their charges then to joyn in it: Nay,
the wel-affected, both Ministers and People, as they do bear testimony
against it before men, so groan under it before GOD. So that this
character may justly be put upon it by all who shall speak of it now
or in after Ages, That as it is a foul breach of the Covenant under
a pretence and profession of being for the ends of the Covenant, so
being carryed on against the Consciences of the people, and contrary
to the most harmonious and universall Testimonies of many Presbyteries
and Synods that have been given against it, it is a sinning with many
Witnesses. A paralell will hardly be found in this or in any other
Land wherein a publick sinfull course hath been carried on with so
high a hand against the Consciences of the People of God, and against
so many Warnings of the Servants of GOD, and generall opposition from
the Judicatories of the Kirk; which yet is the less to be wondred
at, because the greatest part of those who have been most active in
contriving and carrying on of the same, were either once open Enemies,
or always secret underminers, or indifferent and neutrall in the Cause
of God.

But whatsoever be the falling away of such, we shall desire and do
expect that our Brethren in England, who continue faithfull, may rest
confident of the generality of all such of this Kingdom as were at
first active in promoting the Covenant and Work of Reformation, that
they are also still faithfull in adhering thereunto, and walking after
their former principles do resolve to abide stedfast and to hold fast
the bands of Brotherhood and union between these Kingdoms: Neither
are we lesse confident of the like Resolutions and Affections of our
Brethren in England: The many Testimonies which the Truth and Cause of
CHRIST, the Covenant and Presbyteriall Government have lately received
from that cloud of Witnesses of the Ministery in severall Provinces and
Counties of that Kingdom, after the example of the worthy Ministery of
the City of London against the Errours of Independency, Anabaptism,
Antinomianism, Arminianism, Socinianism, Familism, Libertinism,
Sceptism, Erastianism, and other new and dangerous Doctrines spred and
received amongst many in that Nation; As they are unto us matter of
great praise and hearty thanksgiving unto GOD, so also an evidence of
the stedfastness of many in England, and a token for good, and a wide
door of hope that the Lord will perfect his work and bring forth the
headstone of his House in that Land. It shall be the wisdom of each
Nation to keep the golden path of truth and righteousnesse betwixt the
crooked and corrupt wayes of Malignants upon the one hand and Sectaries
upon the other, and for each of the Nations so to look upon another,
as to distinguish betwixt the prevalent part and the better part, and
betwixt friends and foes.

We conceive it to be high time for both Nations to search and try their
ways and turn again to the LORD, that he who wounded us may heal us,
and he who hath broken us may binde us up. The sin of both hath been
the departing from the rule of the Covenant, and that we did not trust
God for the perfecting of his Work, walking by the rule of piety, but
took our selves to humane policies, and endeavoured to carry it on by
carnall and worldly means. For as Scotland did too much connive at
and comply with Malignants, which is the immediate and neerest cause
of all our present troubles and distractions; so England neglecting
to hold fast the truth and to submit themselves to the Government of
Jesus Christ, so clearly held forth by the pious and learned Assembly
of Divines, did connive at many abominable Blasphemies and Errours,
and complying with Sectaries, gave way to their wicked Toleration:
Neither is it the least part of the sin of both Lands; that they have
more minded the outward then the inward Reformation, the erecting of
the outward Fabrick of GODS House, then the providing furniture for
it by advancing the power of the Gospel, that his glory may be seen
in his Temple. Because of these things is there great wrath from the
LORD against these Kingdoms, and his controversie shall be continued
untill we really turn away from our crooked paths. Therefore as we wish
that none of this Land may flatter themselves in their evil wayes, but
repent and amend; so we desire our Brethren of England to consider what
hath been the bitter fruits of their slow progresse in and neglect of
the Work of Reformation, and of their connivance at and complying with
Sectaries, and to do no more so, but that whatsoever is commanded by
the God of heaven, it be diligently done for the House of the God of
heaven.

We trust that the Parliament of England will be wise to remember and
consider the great mercies of God towards them in delivering them from
all their Enemies, and the many opportunities put into their hands
for advancing and establishing the work of Reformation; for neglect
whereof God hath now again threatened to lift up their Enemies above
them, that he may once more prove what they will do for his Name,
and for setling the order of his House. God forbid that they should
run from one extream to another, from compliance with Sectaries to
compliance with Malignants, and hearken to terms of an unsafe and
sinfull Peace, We cannot but abhor the purposes of any who minde the
subversion of Monarchical Government, which we heartily wish to be
preserved and continued in his Majesties Person, and Posterity; and we
do no lesse dislike the Practises of those who deal so hardly with his
Majesties Person, earnestly desiring that he were in the condition he
was into by the advice of both Kingdoms before he was taken away by
a party of Sir Thomas Fairfax Army; nor are we against the restoring
of the King to the exercise of his power in a right order and way.
Yet considering what great expence of blood and pains these Kingdoms
have been at for maintaining their just Liberties and bringing the
Work of Reformation this length; And considering his Majesties great
aversnesse from setling Reformation of Religion, and his adhering
still to Episcopacy; We trust that security will be demanded and had
from his Majesty for Religion, before he be brought to one of his
Houses in or neer about London, with Honour, Freedom and safety. And
considering of what importance the Solemn League and Covenant is unto
all the interests of both Kingdoms concerning their Religion, Liberties
and Peace, to make an agreement without establishing of it, were not
only to rob these Nations of the blessings they have already attained
by it, but to open a door to let in all the corruptions that have
been formerly in the Kirks of God in these Lands, and all the abuses
and usurpations that have been in the Civill Government, and again to
divide these two Kingdoms that are now so happily united and conjoyned:
And therefore as we wish that all mis-understandings betwixt the
Nations, and betwixt the King and his people may be removed, that there
may be a happy and lasting Peace, so that there may be no agreement
without establishing and enjoyning the Covenant in all these three
Kingdoms; and that for this end God would give wisdom to all that are
intrusted in the managing of publick affairs that they may seasonably
discover and carefully avoid all snares which may be laid either by
Sectaries, or Malignants, or both, under colour of a Treaty of Peace.
And we are confident, through the Lord, that all the obstructions and
oppositions, by which his work has been retarded and interrupted in
this Island, shall not onely be taken out of the way, but shall turn
to the advantage and furtherance of it at last. The onely wise God can
and will bring about his holy purposes by unlikely, yea by contrary
means: And God forbid that either our Brethren of England or our selves
should give way to despondency of spirit, and cast away the hopes of
that so much prayed for and so much wished for Reformation of Religion,
and Uniformity in all the parts thereof according to the Covenant:
And now it is our hearts desire and prayer to God, that amidst the
many trials and tentations of these times, none of the servants of God
and witnesses of Jesus Christ may be deserted, or left to themselves
to comply either with the Malignant party upon the one hand, or with
Sectaries upon the other. Brethren pray for us, and the God of all
grace, who hath called us unto his eternal glory, after that ye have
suffered a while, make you perfect, stablish, strengthen and settle you.


August, 2, 1648. Ante Meridiem. Sess. XXIV.

_Answer to the Letter of the Reverend Assembly of Divines in England._

  Right Honourable, Right Reverend and
  Wel-beloved in our Lord,

We cease not to give thanks to the Father of our Lord Jesus, by whose
strength you keep the Word of his patience now in these times, when
many depart from the Faith, giving heed to seducing Spirits; As also,
that he who hath founded Zion, hath been pleased, by our Covenant sworn
to the most high God, to lay the hopefull foundation of a glorious Work
in these three Kingdoms, to unite his People therein, as one stick in
the hand of the LORD.

We cannot but acknowledge to the Honour and Glory of the Lord,
Wonderfull in counsell and excellent in working, that hee hath
strongly united the spirits of all the godly in this Kingdom, and of
his Servants in the Ministery, first in the severall Presbyteries
and Synods, and now in this Nationall Assembly, in an unanimous and
constant adhering to our first Principles and the Solemn League and
Covenant, And particularly in giving a testimony against the present
unlawfull Engagement in War: Yet it seemeth good to the LORD who hath
his Fire in Zion and Furnace in Jerusalem, for the purging of the
vessels of his house to suffer many adversaries to arise with violence
to obstruct and stop this great and effectuall door, which the Lord
hath opened unto us. But we know that he openeth, and no man shutteth,
and shutteth, and no man openeth: yea, he will cause them who say they
are for the Covenant and are not, but are Enemies thereto, and do
associate with Malignants or Sectaries, to acknowledge that God hath
loved us, and that his truth is in us and with us. And now dearly
beloved, seeing the Lord hath kept you together so many years, when
the battel of the Warriour hath been with confused noise, and garments
rolled in blood, the Lord also sitting as a refiner to purifie the
Sons of Levi, and blessing you with unity and soundnesse in the Faith,
we are confident you will not cease to give a publick testimony for
Christ, both against Sectaries and all Seducers, who prophecie lies
in the name of the LORD, and against Malignants and Incendiaries (the
Prelaticall and Popish Faction) who now again bestir themselves to hold
up the rotten and tottering throne of Antichrist, and are (whatever
they pretend) the reall enemies of Reformation: As also, that as the
Embassadors of Jesus Christ and his Watchmen, you will give seasonable
warning to the Honourable Houses of Parliament, that now (after the
losse of the opportunity of so many years) they would, in their places,
repair the House of the LORD, that lyeth so long desolate, and promove
the work of Reformation and Uniformity according to the Covenant.

For if the Honourable Houses of Parliament had timely made use of that
power, which God had put in their hands for suppressing of Sectaries,
and had taken a speedy course for setling of Presbyteriall Government,
(a speciall and effectuall means appointed by God to purge his Church
from all scandals in Doctrine and Practise) Then had not the insolencie
of that party arisen to such a height, as to give occasion to the
Malignants of both Kingdoms to justifie and blesse themselves in
their old opposition to the work of Reformation, and to encourage one
another, to new and more dangerous attempts; Neither had the Malignant
party ever grown so strong in this Kingdom, if the Sectaries had not
been connived at in ENGLAND; For their prime pretence (for their
present rising in Armes) is, that they may suppress the Sectaries, and
vindicate the King from that base condition, unto which he is brought
by that party: Yet these do not wisely, nor well, who avoiding or
opposing Sectarisme, split themselves upon the rock of Malignancy, and
by taking that party by the hand now, do own all the cruelty, bloodshed
and other ungodly and unjust Acts, which they have done since the
beginning of this Reformation. And as we take thankfully your testimony
of our steiring so steady and even a course between the dangerous rocks
of Prophanesse and Malignancy on the one hand, and of Errour, Schisme,
Heresie and Blaspheme on the other hand; So we trust ye will not cease
to give testimony against both these evils, and represent the same to
the Honourable Houses of Parliament, as you shall have fit occasion;
And that you will gravely warne your dissenting Brethren what a door
they keep open for Errors and Heresies, by their tenet of Independency;
Whereby they leave no means of Authoritative Ecclesiastick Suppression
of Errours; If an Independent Congregation will please to own them.
We also are confident that you will be remembrancers to that famous
City of London, and the whole Kingdom, of their Engagement to the
LORD, in the Solemn League and Covenant: Nor will we suffer our selves
to believe that the wel-affected in the Houses of Parliament, In the
City of London, and throughout that whole Kingdom will agree or harken
to the motions of any such Treaty of Peace, as leaves out the best
security for Religion, the Cause of GOD, and the Solemn League and
Covenant. Thus desiring the continuance of your Prayers to God for
us, in this hour of temptation; and promising (through his grace and
strength) to continue in prayers for you, We commit you to the infinite
Wisdom, Power, Goodnesse, and Faithfulnesse of our blessed GOD and
Father in Christ, in whom we are,

  _Your very loving and affectionate Brethren
  to serve you_,

  The Ministers and Elders conveened in the GENERAL ASSEMBLY of the
  Kirk of Scotland.

  2 August, 1648.

  DIRECT,

  To the Right Honourable, and Right Reverend the Assembly of Divines
  in England now assembled at Westminster.


Eodem die, Post Meridiem. Sess. XXV.

_The Humble Supplication of the Generall Assembly, To the Right
Honourable the Committee of Estates._

Whereas the High and Honourable Court of Parliament and your Lordships
were pleased to injoyn the subscription of a Declaration and Band of
the date June 10, 1648. And we having found after such examination and
tryall, as is competent to the Servants of GOD in an Ecclesiastick way,
that the same is a snare to the Consciences of the People of GOD in
this Land to involve them in guiltinesse, and to draw them from their
former principles and Vows in the Solemn League and Covenant, as doth
more fully appear in our Act concerning the same herewith presented
unto your Lordships. Therefore from our zeal to the glory of GOD and
tender care of the souls committed unto us, and for our exoneration,
As we do seriously exhort that your Lordships would be sensible of the
guilt that you have already brought upon your selves and others, by
injoyning and urging that subscription, So we do earnestly and in the
bowels of Jesus Christ intreat, That your Lordships would take such
order and course as that it may be no further pressed upon the people
of GOD throughout the Land.

And because the people groan under the violence and oppression of
Officers and Souldiers in their Quarterings or otherwise throughout all
the corners of the Countrey (which as it hath asscended into the ears
of the LORD of Hosts, so we doubt not but it is come to your knowledge)
We conceive it to be incumbent to us to represent the same to your
Lordships, beseeching and obtesting you that as you would not desire
that the LORD should visit because of these things, you would think
upon an effectuall remedy for punishing and redressing what is past,
and preventing the like in time coming.

And whereas by an Act and inhibition of your Lordships, The Liberty of
Printing being one of the Kirks Priviledges confirmed by Parliament is
restrained, Therefore we intreat that the inhibition upon the Printers
may be taken off.

And now having condiscendcd upon a Declaration to all the Members of
this Kirk concerning present dangers and duties, We do in all humility
offer the same to your Lordships (together with our Answer to the Paper
last sent to us from your Lordships) professing in the sight of GOD
(whose Servants we are) that we have walked herein according to the
rule of his Word, and have nothing before our eyes but his Glory, and
the well of his People; And therefore intreats your Lordships, that you
would seriously ponder the same without prejudice, and as you desire
to be comforted in the day of your accompts, to make right use of the
light that is holden forth therein from Gods Word.


August 3, 1648. Ante Meridiem. Sess. XXVI.

_Act for censuring Ministers for their silence, and not speaking to the
corruptions of the time._

The Generall Assembly, taking to their serious consideration, the great
scandals which have lately encreased, partly through some Ministers
their reserving and not declaring of themselves against the prevalent
sins of the times, partly through the spite, Malignity, and insolency
of others against such Ministers as have faithfully and freely reproved
the Sins of the times without respect of persons, Do therefore for
preventing and removing such scandals hereafter, Appoint and Ordain,
that every Minister do by the word of Wisdom apply his Doctrine
faithfully against the publick Sins and Corruptions of these times,
and particularly against the Sins and Scandals in that Congregation
wherein he lives, according to the Act of the Generall Assembly 1596,
revived by the Assembly at Glasgow 1638. Appointing that such as
shall be found not applying their Doctrine to corruptions, which is
the Pastorall gift, cold, and wanting of Spirituall zeal, flatterers
and dissembling of publick sins, and especially of great Personages
in their Congregations, that all such persons be censured according
to the degree of their faults and continuing therein be deprived;
And according to the Act of the Generall Assembly 1646, Sess. 10,
That beside all other scandals, silence, or ambiguous speaking in
the publike Cause, much more detracting and disaffected speeches be
seasonably censured: As therefore the Errours and exorbitancies of
Sectaries in England are not to be passed in silence, but plain warning
to be given of the danger of so near a contagion, that people may
beware of it, and such as neglect this duty to be Censured by their
Presbyteries, So it is thought fit and Appointed by the Assembly,
conform to the foresaid Acts, That the main current of applications
in Sermons may run along against the evils that prevail at home, and
namely against the contempt of the Word, against all profanesse,
against the present defection from the League and Covenant, against the
unlawfull Engagement in War, against the unlawfull Band and Declaration
of the date of the 10 of June ordained to be subscribed by all the
Subjects, and other unjust Decrees established by Law, against the
Plots and Practices of Malignants, and against the Principles and
Tenents of Erastianism, which spread among divers in this Kingdom;
For the better confutation whereof, it is hereby Recommended to the
Ministery to study that point of controversie well, that they may
be the more able to stop the mouths of gainsayers: Tis also hereby
Recommended to the severall Presbyteries and Provinciall Synods, that
they make speciall enquiry and triall concerning all the Ministery in
their bounds, And if any be found too sparing generall, or ambiguous in
the foresaid applications and reproofs that they be sharply rebuked,
dealt with, and warned to amend under the pain of suspension from
their Ministery; And if after such warning given they amend not, that
such be suspended by Presbyteries, and in case of their negligence by
the Synods till the next Generall Assembly; But if there be any, who
do neglect and omit such applications and reproofs, and continue in
such negligence after admonition and dealing with them, they are to be
cited, and after due triall of the offence to be deposed, for being
pleasers of men rather then servants of Christ, for giving themselves
to a detestable indifferency or neutrality in the Cause of God, and for
defrauding the souls of people, yea for being highly guilty of the
blood of souls in not giving them warning: Much more are such Ministers
to be censured with Deposition from their Ministry who preach for the
lawfulnes or pray for the success of the present unlawfull Engagement,
or that go along with the Army themselves, or who subscribe any Bands
or take any Oaths not approved by the General Assembly or their
Commissioners, or by their counsel, countenance or approbation make
themselves accessory to the taking of such Bands and Oaths by others:
It is to be understood that if any Minister preach in defence of or
pray for the successe to the Sectaries in England, he is likewayes to
be censured by deposition. And this we adde as a generall rule to be
observed on both hands, but not as if we had found any of the Ministery
of this Kingdom to be favourers of the Sectaries in England.

And in case any Minister for his freedom in preaching, and faithfull
discharge of his conscience shall be in the face of the Congregation or
elsewhere upbraided, railed at, mocked, or threatened, or if any injury
or violence be done to his person, or any stop and disturbance made to
him in the exercise of his Ministeriall calling, The Presbyterie of
the bounds shall forthwith enter in processe with the offender, and
whoever he be Charge him to satisfie the Discipline of the Kirk by
publick Repentance, which if any do not, or refuse to do, That then
the Presbyterie proceed to Excommunication against him; In all which
Presbyteries and Synods are to give an account of their diligence:
And the Assembly Appoints this Act to be intimate in the several
Congregations of this Kirk.


August 4, 1648. Post Meridiem. Sees. XXIX.

_Overtures concerning the education of the Hie-land Boys in the
Province of Argyle._

This day the report following being made from the Committee concerning
the education of Hie-land Boys in Argyle, viz.

“The Committee considering the Bill remitted by the Generall Assembly
to us concerning the Hie-land Boys (who are given up to be fourty in
number of good spirits and approven by the Province of Argyle) Do
humbly think that four of them who are ready for the Colledge should be
recommended to the Universities to get Burses on in every Colledge. As
for the rest of the 40. who are to be brought up at Grammar Schools,
The Committee thinks that if the said Boys should be scattered through
the Kingdom they should lose the Irish language, and so the Assembly
shall fail of their purpose to make them usefull for the Hie-lands:
And therefore do humbly conceive that it were fitting that every
Congregation pay yearly fourty shillings Scots for maintaining the said
Boys at Schools in Glasgow, or in other places where many of them may
be together accepted of, and that the money be brought in yearly to
the Generall Assembly by the Commissioners of Presbyteries, and that
Presbyteries augment or diminish the said proportion according to the
ability of every Congregation.”

The Assembly having considered the foresaid Report, Approves the first
Overture, And recommends Colin Campbell to the University of Aberdeen,
Duncan Campbell to Edinburgh, Patrick Campbell to Glasgow, Zachary
Maccullum to St Leonards Colledge in St Andrews: As also Approve the
second Overture, seriously Recommending to Presbyteries, That the
said fourty shillings be collected carefully and sent to Glasgow, And
the Ministers of Glasgow shall appoint some sufficient man in that
Town to receive the said Collection from Presbyteries, And to take
charge of the boording and entertainment of the saids Boys in Glasgow
at Schooles, and they shall send in the names of the Boys with a
Certificate of their proficiency yearly to the Generall Assembly: And
this Collection shall onely endure for the space of twelve years.


August 5, 1648. Ante Meridiem. Sess. XXX.

_Explanation of the fifth Article of the Overtures concerning Appeals
past in the Assembly_, 1643.

The Generall Assembly for clearing the sense of the fifth Article of
the Overtures concerning Appeals in the Assembly, 1643, Sess. 2, Do
Declare that if Appellations, _Post latam sententiam_ be not presented
to the Judicatory when the sentence is pronounced: The party shall
then immediately after the sentence protest for liberty of Appeal, as
he shall see cause; And accordingly within ten dayes shall give in
his Appeal in writ under his hand, either to the Judicatory or the
Moderator thereof, otherwise the Appeal is not to be respected.


Eodem die, 1648. Ante Meridiem. Sess. XXX.

  _Act discharging deposed or suspended Ministers from any exercise of
  the Ministery, or medling with the stipend._

The Generall Assembly considering that according to the ancient
practise and order of this Kirk, the Censure of Suspension and
Deposition of Ministers is both _ab officio_ and _à beneficio_, as is
also acknowledged by the 20 Act of the Parliament, Anno 1644, And that
the continuance of suspended or deposed Ministers in the exercise of
the Ministery or in the possession of their stipend hath been and ought
to be accompted and censured as a great contempt of the Authority and
Censures of the Kirk, Considering also that the continuance of deposed
Ministers in the possession of the stipend, is a great prejudice and
obstruction to the planting of the vaiking Kirk, and to the service of
God there. Therefore do declare and Ordain, That whosoever after the
sentence of Deposition pronounced against them, Do either exercise any
part of the Ministeriall calling in the places they formerly served in,
or elsewhere, or do possesse, meddle, or intromet with the stipend or
other benefits whatsoever belonging to these Kirks they served at, They
shall be proceeded against with Excommunication; And if any suspended
Minister during his suspension, either exercise any part of the
Ministeriall Calling, or intromet with the Stipend, that he be Deposed,
And after deposition, continuing in either of these faults, That he be
processed with Excommunication; But prejudice always to them of their
stipend resting for by-gone service, and of any recompence due for
building or repairing of the Manse according to the ordinary practise.
And the Assembly recommends to Presbyteries seriously to be carefull of
the putting of this Act in execution.


August 7, 1648. Ante Meridiem. Sess. XXXI.

  _The Assemblies Declaration of the falshood and forgerie of a lying
  scandalous Pamphlet put forth under the name of their Reverend
  Brother, Master Alexander Henderson, after his death._

The Generall Assembly of this Kirk having seen a Printed Paper,
Intituled, “The Declaration of Mr Alexander Henderson principall
Minister of the Word of GOD at Edinburgh and chief Commissioner from
the Kirk of Scotland to the Parliament and Synod of England made upon
his death-bed.” And taking into their serious consideration how many
grosse lies and impudent calumnies are herein contained; Out of the
tender respect which they do bear to his name (which ought to be very
precious to them and all posterity, for his faithfull service in the
great Work of Reformation in these Kingdoms, wherein the LORD was
pleased to make him eminently instrumentall) and lest through the
malice of some, and ignorance of others the said Pamphlet should gain
belief among the weaker sort, They have thought fit to make known and
declare concerning the same as followeth,

That after due search and tryall they do finde that their worthy
brother Master Alexander Henderson did from the time of his coming
from London to Newcastle till the last moment of his departure out of
this life upon all occasions manifest the constancy of his judgement
touching the Work of Reformation in these Kingdoms; Namely, in all his
discourses and conferences with his Majesty, and with his Brethren who
were employed with him in the same Trust at Newcastle, In his Letters
to the Commissioners at London, and particularly in his last discourse
to his Majestie at his departing from Newcastle, being very weak
and greatly decayed in his Naturall strength. When he was come from
Newcastle by Sea to this Kingdom, he was in such a weak worn and failed
condition, as it was evident to all who saw him, that he was not able
to frame any such Declaration, for he was so spent that he died within
eight dayes after his arrivall; And all that he was able to speak in
that time did clearly shew his judgement of, and affection to the Work
of Reformation and Cause of God, to be every way the same then, that it
was in the beginning and progresse thereof, as divers Reverend Brethren
who visited him have declared to this Assembly, and particularly two
Brethren who constantly attended him from the time he came home till
his breath expired. A further testimony may be brought from a short
Confession of Faith under his hand found amongst his Papers, which is
expressed as his last Words, wherein among other mercies he declareth
himself _most of all obliged to the grace and goodnesse of God for
calling him to believe the Promises of the Gospel, and for exalting him
to be a Preacher of them to others, and to be a willing though weak
instrument in this great and wonderfull work of Reformation, which
he earnestly beseecheth the Lord to bring to a happy conclusion_.
Other reasons may be added from the levity of the stile and manifest
absurdities contained in that Paper. Upon consideration of all which
this Assembly doth condemn the said Pamphlet as forged, scandalous,
and false, And further Declare the author and contriver of the same
to be void of charity and a good conscience, and a grosse lyar and
calumniator led by the Spirit of the accuser of the Brethren.


  _Act for taking the Covenant at the first receiving of the Sacrament
  of the Lords Supper, and for the receiving of it also by all Students
  at their first entry to Colledges._

The Generall Assembly according to former recommendations, Doth Ordain
that all young Students take the Covenant at their first entry to
Colledges; And that hereafter all Persons whatsoever take the Covenant
at their first receiving the Sacrament of the Lords Supper: Requiring
hereby Provinciall Assemblies, Presbyteries and Universities to be
carefull that this Act be observed, and accompt thereof taken in the
visitation of Universities and particular Kirks, and in the tryall of
Presbyteries.


Eodem die, Post Meridiem. Sess. XXXII.

_Act concerning Presbyteries maintaining of Bursars._

The Generall Assembly Understanding that the frequent Recommendation of
preceding Assemblies for maintaining Bursars, is by many Presbyteries
neglected, Do therefore Ordain Synods to crave accompt thereof from
Presbyteries at every Provinciall meeting, Which with the Presbyteries
answer, shall be put upon record, That so the part both of Presbyteries
and Synods and their negligence or diligence in so pious a work may
be known by the examination of the Provinciall books to each Generall
Assembly.


August 9, 1648. Ante Meridiem. Sess. XXXV.

_Act for dis-joyning the Presbytery of Zetland, from the Provinciall
Synod of Orkney and Cathnes._

The General Assembly now after exact tryal, finding that the Presbytery
of Zetland cannot meet with the Provincial of Cathnes and Orknay
to which it was adjoyned by an Act of the Assembly 1646, Sess. 11,
And that the allowance and dispensation granted in the preceding
Assembly for the halfe of their number to keep the meetings of the
said Provinciall cannot be observed in respect of the great distance
of that Isle by sea from the land, and the dangerousness of the seas
there, and of the passage through them, Therefore after hearing the
parties interessed and serious deliberation of the matter, The Assembly
doth hereby Dis-joyn the Presbytery of Zetland from the Provincial
of Cathnes and Orknay, And Declares for these reasons, That the said
Presbytery is to be hereafter subordinate immediately to the Generall
Assembly, For which cause, their Commissioners are to be sent to each
Generall Assembly the more carefully, And it is hereby Recommended to
them that they send to the next Assembly a particular information of
the quality and condition of all their Kirks according to the direction
of the act of the preceding Assembly Sess. 27, Entituled an act for
pressing and furthering the planting of Kirks.


Aug. 10, 1648. Post Meridiem. Sess. XXXVIII.

_Overtures for the Remedies of the grievous and common Sins of the Land
in this present time._

The Sins of the Land and the Causes and occasions thereof being
considered, The following Remedies of these Sins were propounded.


CIVILL REMEDIES.

For the present, untill the Overtures prepared to be presented to
the Parliament, It is to be Recommended to every Congregation to
make use of the 9 Act of the Parliament 1645, at Perth, for having
Magistrates and Justices in every Congregation, and of the 8 Act of
the said Parliament against Swearing, Drinking and mocking of Piety,
and all other Acts of Parliament for restraining or punishing of Vice;
particularly for the better restraining of the sin of Whoredom that
each Magistrate in every Congregation exact and make compt to the
Session of fourty pounds for each Fornicatour and Fornicatrix, of an
hundreth Merks for each one of their relapse in Fornication, of an
hundreth pounds for each Adulterer and Adulteress according to express
Acts of Parliament which is to be exacted of those who may pay it, and
the discretion of the Magistrate is to modifie it according to the
ability or inability of each Delinquent.


DOMESTICK REMEDIES.

1. Let care be taken of conscionable receiving of servants, that they
have testimonials of their honest behaviour: And let all such as give
testimonials take heed that these to whom they give them, be free of
scolding, swearing, lying and such like more common sins, as well
as fornication, adultery, drunkennesse and other grosse and hainous
evils; let the ordinary time of giving Testimonials be in face of
Session: And if an extraordinary exigent be: let it be given by the
Minister with consent of the elder of the bounds, wherein the person
craving the Testimoniall hath resided; If they have fallen or relapsed
in scandalous sins, let their Testimoniall bear both their fall and
Repentance.

2. Let care be had that the Worship of God be practised, and Discipline
exercised in Families, according to the Directory for Family Worship in
all things as was appointed in the General Assembly 1647, especially
in the Ministers constant Catechizing of the Family, and in the
performance of the Duties of the Sabbath by all the members thereof.

3. Let persons to be married and who have children to be baptized,
who are very rude and ignorant, be stirred up and exhorted, as at
all times, so especially at that time, to attain some measure of
Christian knowledge in the grounds of Religion, that they may give to
the Minister, before the Elder of the Bounds wherein they live, some
accompt of their knowledge, that so they may the better teach their
family and train up their children.

4. Let every family that hath any in it that can read, have a Bible and
a Psalm-Book, and make use of them; and where none can read, let them
be stirred up to traine up their children in reading, and use any other
good remedie the Minister and Session can fall on.


GENERALL ECCLESIASTICK REMEDIES.

1. Let the Remedies which were given at Perth 1645, and are mentioned
in the Generall Assembly 1646, anent the Sins of Ministers be put in
execution.

2. Let suspension from the Lords Sacrament be more carefully executed.

3. Let persons relapse in Adultery (or above) quadrilapse in
Fornication (or above) or often guilty of other grosser scandals, be
Excommunicat somewhat more summarly nor in an ordinary processe (except
there be more nor ordinary signes, and an eminent measure of Repentance
made known to the Session and Presbyterie) both for the hainousness of
the Sins and continuance therein, and also for terrour to others; And
these not to be relaxed from the sentence of Excommunication without
evidence, and undeniable signes of Repentance.

4. Let unpartiall proceeding be used against men of all quality, for
their scandalous walking, and in particular for drunkennesse, swearing,
and other scandalous sins. And this to be tryed at the Visitation of
Kirks.


PARTICULAR ECCLESIASTICK REMEDIES: AND I. AGAINST IGNORANCE.

1. Let Ministers Catechize one day every week (whereon also they may
Baptize and Lecture or Preach) and let them Preach every Lords Day both
before and after noon, according to former Acts of Generall Assemblies,
Let Presbyteries and Synods be very carefull of this; And let every
Provinciall Book, contain an exact accompt thereof.

2. Let Ministers examine all of every quality of whose knowledge they
have no certain notice.

3. Let young persons be Catechized by the Minister from the time they
are capable of instruction, and let them not be delayed till they be of
age to Communicat.

4. Let persons grosly ignorant be debarred from the Communion; for the
first and second time, let them be debarred, suppressing their names;
for the third time, expressing their names; for the fourth time, bring
them to publick Repentance; all this is to be understood of those that
profit nothing, and labours not for knowledge: But if they be profiting
in any measure, or labouring that they may profit, their case is very
considerable, they ought to have more forbearance.


II. ECCLESIASTICK REMEDIES AGAINST PROPHANESSE.

1. Let ignorant and scandalous persons be put off, and kept off Kirk
Sessions.

2. Let every Elder have a certain bounds assigned to him that he may
visit the same every moneth at least, and report to the Session what
scandalls and abuses are therein, or what persons have entered without
Testimonials.

3. Let all scandalous persons be suspended from the Lords Supper.

4. Let the Minister deal in private with them that are professing
publick Repentance before the Elder of the bounds, thus to try the
evidence of their Repentance.

5. Let these who have fallen in Fornication make publick profession
of Repentance three severall Sabbaths, who is guilty of relapse in
Fornication six Sabbaths, who is guilty of trelapse in Fornication,
or hath once fallen in Adultery 26 Sabbaths, and these sins to be
confessed both in one habite, viz. in Sackloth, Quadrilapse in
Fornication and relapse in Adultery, three quarters of a year, Incest
or Murder a year, or 52 Sabbaths, in case the Magistrate do not his
duty in punishing such crimes capitally; They that fall in Fornication
or relapses therein, are first to confesse their Sin before the
Session, and thereafter before the Congregation; They that are guilty
of greater degrees of that Sin and of the other Sins mentioned in
this Article, are to confess their Sin both before the Session and
Presbyterie, and there to shew some signes of Repentance before they be
brought to the Congregation.

6. Some are to be rebuked at the time of Catechizing, who deserve
more nor a private reproof, and yet needs not be brought to publick
Repentance.

7. It will be a good remedie against Sabbath-breaking by Carriers
and Travellers, That Ministers where they dwell cause them to bring
Testimonials from the place where they rested on these Lords dayes
wherein they were from home.

8. Let all persons who flit from one Paroch to another have sufficient
Testimonials, This is to be extended to all Gentlemen and Persons
of quality and all their followers, who come to reside with their
Families at Edinburgh, or elsewhere, and let the Minister from whom
they flit advertise the Minister to whom they flit, if (to his
knowledge) they be lying under any scandall.

9. Let Ministers be free with persons of quality for amendment of their
faults, and (if need shall be) let them take help thereto of some of
the Brethren of the Presbyterie.

10. Let the Presbyteries take speciall notice of Ministers who do
converss frequently and familiarly with Malignants, and with scandalous
and prophane persons, especially such as belong to other Paroches.

11. Let privie Censures of Presbyteries and Synods be performed with
more Accuracie, Diligence and Zeal.

12. For better keeping of the Sabbath, let every Elder take notice of
such as are within his bounds, how they keep the Kirk, how the time is
spent before, betwixt, and after the time of publick Worship.

13. Let no Minister resort to any Excommunicate person without license
from the Presbyterie _nisi in extremis_ and let Ministers take speciall
notice of such persons as haunt with Excommunicants, and processe them.

14. Frequent correspondence betwixt Presbyteries is a good remedie.

15. At the visitation of each Congregation, let the Session Book be
well visited, and for that effect, let it be delivered to two or three
Brethren seven or eight dayes before the visitation, that their report
of it may be in readinesse against the day of Visitation.

  The Assembly allows of all these Overtures and Remedies of the Sins
  of the Land; And Ordains all of them to be carefully and conscionably
  put in practise.


_Act for examining the Paraphrase of the Psalms and other Scripturall
Songs._

The Generall Assembly Appoints Rouse Paraphrase of the Psalms, with the
corrections thereof now given in by the Persons appointed by the last
Assembly for that purpose, to be sent to Presbyteries, That they may
carefully revise and examine the same, and thereafter send them with
their corrections to the Commission of this Assembly to be appointed
for publick affairs, Who are to have a care to cause re-examine the
Animadversions of Presbyteries, and prepare a report to the next
Generall Assembly; Intimating hereby, That if Presbyteries be negligent
hereof, the next Generall Assembly is to go on and take the same
Paraphrase to their consideration without more delay: And the Assembly
Recommends to Master John Adamson and Mr Thomas Crafurd to revise the
Labours of Mr Zachary Boyd upon the other Scripturall Songs, and to
prepare a report thereof to the said Commission for publick affairs,
That after their examination, the same may be also reported to the next
Generall Assembly.


_Overtures concerning Papists, their children, and Excommunicate
Persons._

The General Assembly considering the manifold inconveniences that
follow upon the sending of the children of Noblemen and others of
quality to Forraign Countries wherein Popery is professed, especially
that thereby such children are in perill to be corrupted with Popery,
and so corrupt these Families and Persons to which they belong, whereby
that wicked root of damnable Idolatry, Errour and Heresie may again be
occasioned to spring up and trouble many, and provoke the most High GOD
to wrath, and to cause his Majestie leave this Land to strong delusions
to believe lies; Therefore They Do in the name of GOD, Charge and
Require all the Presbyteries of this Kingdom to observe and practise
the Rules and directions which are made in former Generall Assemblies
for preventing of the said fearfull inconveniences, and namely the
Overtures against Papists, non-Communicants, and Profaners of the
Sabbath approven in the Generall Assembly held at St Andrews in the
year of God, 1642, and the Act anent children sent without the Kingdom
made in the Generall Assembly at Edinburgh, Anno 1646. And that they
use all diligence for putting in execution the Acts of Parliament and
secret Councell made against Papists and Excommunicate Persons; And
that they register their diligences thereanent in their Presbyterie
Books which are summarily to be recorded in the Synod Books from time
to time, That the Generall Assembly may see how these laudable Acts
are put in execution, which here are presented with some necessary
additions in one view.

1. That every Presbyterie give a List of all Excommunicate Papists they
know to be within their bounds to the Commissioners of the Generall
Assembly, and of all Papists, yea of them also who professe to have
renounced Popery, but yet have their children educated abroad, with
the names of these children that are abroad, according to the fifth
Overture of the Generall Assembly 1642.

2. That every Presbyterie conveen at their first meeting all known
Papists within their bounds, and such as having professed to renounce
Popery have their children abroad, and cause them finde sufficient
caution for bringing home within three moneths such of their children
as are without the Kingdom, to be educated in Schools and Colledges at
the Presbyteries sight if they be Minors; and to be wrought upon by
gracious conference, and other means of instruction to be reclaimed
from Popery if they be come to perfect age.

3. The Parents, Tutors or Friends of Children and Minors shall, before
they send them without the Kingdom, first acquaint the Presbyterie
where they reside, that they may have their Testimoniall directed to
the Presbyterie or Classe within the Kingdom or Dominion beyond Seas
whither they intend to send their Children; and at the time of these
Childrens return, that they report a Testimoniall from the Presbyterie
or Synod where they lived without the Kingdom, to the Presbyterie who
gave them a Testimoniall at their going away, according to the Act
anent Children sent without the Kingdom _Anno_ 1646.

4. That all Presbyteries give the names of such Pædagogs as were abroad
with the children of Noblemen within their bounds, and diligently
enquire whether these Pædagogs do continue steadfast in the true
Religion, and continue in their service, or whither these Pædagogs do
either become corrupt in Religion, or (continuing constant) are removed
from their charge and by whom they are removed, and that they signifie
these things to the Generall Assembly from time to time or their
Commissioners, That they may represent the same to the High Court of
Parliament, Lords of secret Counsell or Committee of Estates, for such
remedie as shall seem expedient to their Honours, for preventing of,
and purging the land from the Plague of Idolatrie.

5. That such Parents, Tutors or Friends as either send away Children
to forraign parts infected with Idolatry without such Testimonialls as
aforesaid, or do not recall them who are already abroad within such
time as is above prefixed, or do remove from them their Protestant
Pædagogs (that they may the more easily be infected with Popery) be
processed, and in case of not amending these things, be Excommunicated.

6. That the names of such as are Excommunicated for these or any other
causes, be sent in to the Generall Assembly from year to year, that
(from thence) their names may be notified in all the Kingdom, and that
the Acts of Parliament and secret Counsell may be put to execution
against them, and all diligence used for that effect; and that by the
effectuall dealing of the Generall Assembly, with the Parliament, Lords
of secret Counsell, or Committee of Estates, their Lordships may Enact
such further, just and severe civill Punishment on such Excommunicants
for Terror to others, as shall be found necessary for purging this
Covenanted Land from all Abominations.

Because persons addicted to Idolatry will use all means for their own
hardening in their Superstitious and Idolatrous way, even within the
Countrey; Therefore all known Papists, or Persons suspect of Poperie
upon probable grounds, are to finde Caution before their Presbyteries,
for their abstinence from Masse, and from the Company of all Jesuits,
and Priests according to the second Overture against Papists, made
_Anno_ 1642. Also Presbyteries are to presse them to finde such
Caution; And to observe what persons put their Sons or Daughters to
such Families as are tainted with Popery within the Land, the same
being a speciall mean to corrupt them with Idolatry; And to cause such
Parents recall their Children, or else proceed with the Censures of the
Kirk against them.

All which Overtures, Presbyteries are seriously required and Ordained
to observe diligently with Certification, That they shall be severely
censured, If they shall be found remisse or negligent in any of these
points, which are so necessary for keeping of the LORDS House and
People unpoluted with Error, Idolatry, or Superstition.


Aug. 11, 1648. Ante Meridiem. Sess. XXXIX.


_Act for prosecuting the Treaty for the Uniformity in Religion in the
Kingdom of England._

The Generall Assembly, Taking to their consideration that the Treaty
of Uniformity in Religion in all His Majesties Dominions is not yet
perfected; Therefore, Renews the Power and Commission granted by
preceeding Assemblies for prosecuting that Treaty unto these Persons
after-named, viz. Mr Robert Dowglas, Mr Samuel Rutherford, Mr Robert
Baillie, Mr George Gillespie, _Ministers_. And John Earle of Cassills,
John Lord Balmerinoch, and Sr. Arch. Johnston of Wariston, _Elders_;
Authorizing them with full power to prosecute the said Treaty of
Uniformity with the Honourable Houses of the Parliament of England, and
the Reverend Assembly of Divines there, or any Committees Appointed by
them: And to do all and every thing which may advance, perfect, and
bring that Treaty to an happie conclusion, conform to the Commissions
given thereanent.


_Act Renewing the Commission for the publick Affairs of this Kirk._

The Generall Assembly Taking to their consideration, that in respect
the great work of Uniformity in Religion in all his Majesties Dominions
is not yet perfected (though by the Lords blessing there is a good
progress made in the same) There is a necessity of renewing the
Commissions granted formerly for prosecuting and perfecting that great
Work; Do Therefore Renew the Power and Commission granted for the
Publick Affairs of the Kirk by the Generall Assemblies held at Saint
Andrews, 1642, and at Edinburgh 1643, 1644, 1645, 1646, and 1647, unto
the persons following, viz. Masters, John Lawder, Andrew Wood, David
Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John
Adamson, Robert Dowglas, George Gillespie, James Hamilton, Mungo Law,
John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot,
Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvill,
Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David
Weems, William Row, Robert Young, William Menzies, John Friebairne,
John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel
Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John
Leviston, John Macklellan, Alexander Turnbull, William Foullerton,
George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew
Peebles, John Hamilton, Alexander Dunlope, David Ephiston, David
Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick
Sharpe, James Nasmith, John Home, Evan Camron, Robert Blair, Samuel
Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walther
Greg, John Macgill younger, John Moncreiff, Fredrick Carmichaell,
John Chalmers, John Duncan, Andrew Donaldson, Wil. Oliphant, George
Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant,
John Rew, John Paterson, Alexander Cant, John Young, John Seaton,
David Lindsay at Belhelvie, Nathaniel Martine, John Annand, William
Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert
Anderson, David Rosse, George Gray, Robert Knox, William Penman, James
Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker,
John Knox, Andrew Dunncason, _Ministers_: Archibald Marques of Argile,
Alexander Earle of Eglintoun, John Earle of Cassils, William Earle
of Lothian, Archibald Lord Angus, William Lord Borthwick, John Lord
Torphichen, John Lord Balmerino, Robert Lord Burly, James Lord Couper,
_________ Lord Kilcudbright, Alexander Lord Elcho, Sir Archibald
Johnston of Wariston, Sir John Hope of Craighall, Arthur Erskin
of Scotscraig, Sir John Moncreiff of that ilk, ________ Beaton of
Creigh, Sir John Wauchhope of Midrie, Sir Thomas Ruthven of Frieland,
Sir George Maxwell of Netherpollock, Sir James Fraser of Brae, Sir
James Hackact of Pitfirren, Sir William Carmichaell younger of that
ilk, Walter Dundas younger of that ilk, Thomas Craigs of Ricarton,
Mr George Winrain of Liberton, Sir Alexander Inglis of Ingliston,
Alexander Brodie of that ilk, __________ Forbes of Eight, William
Moore of Glanderston, John Ker of Lochtour, Alexander Pringill of
Whitbank, Walther Scot of Whitslaid, John Crafurd of Crafurdland,
Sir John Chisly of Carswell, Robert Monroe of Obsteall, __________
Cornwall of Bonhard, George Dundas of Dudingston, Sir Iames Stewart
of Kirkfield, Mr Alexander Colvill of Blair, Mr Alexander Peirson, Mr
Robert Burnet younger, Mr Thomas Murray, George Potterfield, Mr Iames
Campbell, Iames Hamilton, Lawrence Henderson, Mr Robert Barclay, Mr
William More, William Glendoning doctor, __________ Dowglas, Iames
Sword, Gideon Iack, Mr Dougall Campbell, Iohn Boswall, Iohn Brown, Wil.
Brown, Robert Brown and William Russell, _Elders_: Giving unto them
full Power and Commission, to do all and every thing for preservation
of the Established Doctrine, Discipline, Worship and Government of this
Kirk, against all who shall endeavour to introduce any thing contrary
thereunto, and for prosecuting, advancing, perfecting and bringing the
said Work of Uniformity in Religion in all His Majesties Dominions
to a happy conclusion, conform to the former Commissions granted by
proceeding Assemblies thereanent, And to that effect Appoints them,
or any seventeen of them, whereof thirteen shall be Ministers to meet
here in this City to morrow the 12ᵗʰ of this Moneth, And thereafter
upon the last Wednesday, of November, February, and May next, and upon
any other day, and in any other place they shall think fit. Renewing
also to the Persons before named the power contained in the Act of
the Assembly 1643, Intituled “A Reference to the Commission anent the
Persons designed to repair to the Kingdom of England.” And further, in
case Delinquents have no constant residence in any one Presbyterie, or
if Presbyteries be negligent or overawed, in these cases The Assembly
gives to the persons before named, such power of censuring complyers
and persons disaffected to the Covenant according to the Acts of the
Assembly, Declaring alwayes and providing, that Ministers shall not
be deposed, but in one of the quarterly meetings of this Commission;
And further Authorises them as formerly with full power to make
Supplications, Remonstrances, Declarations and Warnings to Indict
Fasts and Thanksgivings as there shall be cause to Protest against all
encroachments upon the Liberties of the Kirk, And to censure all such
as interupt this Commission or any other Church Judicatory, or the
execution of their Censures or of any other sentences or Acts issuing
from them, And with full power to them to treat and determine in the
matters referred unto them by this Assembly, as fully and freely as
if the same were here fully expressed, and with as ample power as any
Commission of any former Generall Assemblies hath had or been in use
of before: Declaring also that all opposers of the authority of this
Commission in matters intrusted to them shall be holden as opposers of
the authority of the Generall Assembly, And this Commission in their
whole proceedings are comptable to, and censurable by the next Generall
Assembly.

       *       *       *       *       *

August 11, 1648. Post Meridiem. Sess. XL.

  _Exemption of Murray, Rosse, and Caithnesse from the contribution
  granted to the boyes of Argyle, with a Recomendation to Presbyteries,
  to make up what is taken of them by that exemption._

Concerning the overture and desire of the Commissioners of the
Presbyteries of Murray, Rosse, and Caithnesse for an exemption from
that contribution of fourty shillings, recommended for entertainment
of the Irish-boyes in Argyle; The Assembly having considered thereof,
and of their offer in the name of the said Presbyteries, if that
exemption be granted, Do Approve their offer, And Therefore hereby
Exoners the said Presbyteries of the said contribution of fourty
shillings toward the entertainment of the boyes in Argyle, And Ordains
for that exemption according to the offer of their said Commissioners,
that each Presbyterie of the said Provinces entertaine one of the Irish
language at Schooles, and if any be found already fit for Colledges,
they shall maintain them at Philosophie, and so forward, untill they be
fit for the Ministry: And Because by this exemption the contribution
for the boyes in Argyle will be so much lessened. Therefore The
Assembly Recommends to all other Presbyteries to think upon some way
how by the charitable supply that may be made up unto them.

       *       *       *       *       *

_Act concerning Collection for the Poor._

The Assembly Understanding that the collections for the poor in some
Kirks in the Countrey, are taken in the time of Divine Service, which
being a very great and unseemly disturbance of Divine Worship, Do
Therefore hereby Inhibit and discharge the same. And Ordains that the
Minister and Session appoint some other way and time for receiving the
said Collections.


_Recommendation for securing provisions to Ministers in Burghs._

In regard that the stipends of many Ministers in Burghs are not secured
unto them and their successors; Therefore the Assembly Do seriously
Recommend to the Honourable Commission of Parliament for planting of
Kirks, to provide reall and valide security of competent and honest
meanes to the present Ministers of Burghs and their successours, where
they are not sufficiently provided or secured already; Ordaining
Presbyteries to use all necessary diligence for prosecuting thereof
before the said Commission for planting Kirks.


  _The Humble Supplication of the Generall Assembly of the Kirk of
  Scotland, met at Edinburgh August 12, unto the Kings Most Excellent
  Majestie._

Albeit your Majestie through the suggestions of evil men, may haply
entertain hard thoughts of us and our Proceedings, yet the Searcher
of hearts knowes, and our consciences bear record unto us, that
we bear in our spirits these humble and dutifull respects to your
Majestie, that loyall subjects owe to their native Soveraigne, and
that it would be one of our greatest contentments upon earth, to see
your Majestie reigning for the LORD, in Righteousnesse and Peace over
these Nations: And therefore as we do bow our knees daily before the
Throne of Grace on your behalf, and the behalf of your Posterity; So
we finde our selves, as heretofore, obliged faithfully and freely to
warn your Majestie of your danger and dutie; Wishing, and hoping that
the LORD will incline your Royall heart, from the sence of the evil
which hath befallen You, through the slighting of former Warning, to
be more attentive onto this. We are very sensible of your Majesties
suffering, and low condition, and do not in the least measure approve,
but from our hearts abhorre any thing that hath been done to your
Majesties Person, contrary to the common resolutions of both Kingdoms:
Yet it shall be your Majesties wisdom, in this as in all that hath
befallen you these years past, to read the righteous hand of the LORD,
writing bitter things against you, as for all your Provocations, so
especially for resisting his Work, and authorising by your Commissions
the shedding of the blood of his People, for which it is high time to
repent, that there be no more wrath against you and your Realms.

The Commission of the preceding Assembly, whose proceedings are
unanimously approven by this Assembly, Having read your Majesties
Letter of the date at Carisbrook Castle, December 27, And perused your
Concessions, did finde some of these Concessions destructive to the
Covenant, and all of them unsatisfactorie, and did therefore emit a
Declaration concerning the same, least your Majesties Subjects in this
Kingdom should have unawares imbarked themselves in an Engagement upon
grounds not consisting with the good of Religion, and the Solemn League
and Covenant. For preventing whereof, they did also present most just
and necessary desires unto the high and honourable Court of Parliament
of this Kingdom; which, if they had been granted, might have through
the Blessing of GOD, either procured (upon Treaty) your Majesties
re-establishment, and a solide Peace, or laid open the expediencie
and necessity of a lawfull War, and have united this Kingdom therein
for the good of Religion, of your Majestie, and of your Kingdoms.
When the Parliament was pleased without satisfaction to any of these
desires, to go on towards the determining of a War upon the grounds
contained in their Declaration, As many of their own Members who have
been faithfull in the Cause of GOD from the beginning, did dissent from
their proceedings, so most of all the Presbyteries and Synods of this
Kingdom, and the Committees of War in severall Shires did by humble
Supplication represent to the Parliament, how unsatisfied they were in
their consciences concerning the present Engagement: Notwithstanding
of all which, the Engagement hath been carried on without clearing
either of the lawfulnesse or necessity thereof. Therefore, We having
now examined the same by the Rule of Gods Word, and having found it
unlawfull, as we have warned the whole Kingdom of the danger thereof,
So we hold it our Duty also to warne your Majestie as the Servants of
the most High GOD, and in Name of the Lord Jesus Christ, who must Judge
the quick and dead, Earnestly beseeching your Majestie that as ye would
not draw new guilt upon your Majesties Throne, and make these Kingdoms
again a field of Blood, you would be far from owning or having any hand
in this so unlawfull an Engagement; Which as it hath already been the
cause of so much sorrow and many sufferings to the People of God in
this Land, who choose affliction rather then sin, So it tendeth to the
undoing of the Covenant and Work of Reformation: As we do not oppose
the restitution of your Majestie to the exercise of your Royall Power;
So we must needs desire that that which is GODS be given unto Him in
the first place, and that Religion may be secured before the setling
of any humane interest; Being confident that this way is not only most
for the Honour of GOD, but also for your Majesties Honor and Safety.
And therefore as it was one of our Desires to the High and Honourable
Court of Parliament that they would solicite your Majestie for securing
of Religion, and establishing the Solemn League and Covenant in all
your Dominions, that your Majestie might know that what they intend on
your behalf was with a subordination to Religion; So we do now from
our selves make this humble address unto your Majestie, intreating
your Majestie as you tender Truth and Peace, you would be pleased to
suffer your self to be possessed with right thoughts of the League and
Covenant, and of the proceedings of your Majesties loyall Subjects in
relation thereunto, and give your Royall assent for injoyning of it in
all your Dominions. If your Majestie had been pleased to hearken to our
Counsell hereanent some years ago, the blood of many thousands, which
now lyes upon your Majesties Throne, might have been spared, Popery,
Prelacy, Idolatry, Superstition, Prophanesse, Heresie, Errour, Sects
and Schismes which are now grown to so great a height in England, might
have been extirpate, and your Majestie sitting in Peace in your own
House, Reigning over your Subjects with much mutuall contentment and
confidence. And if your Majestie shall yet search out and repent of all
your secret and open Sins, And after so many dear-bought experiences
of the danger of evil Counsell, be now so wise as to avoid it, and
to hearken to us speaking unto you in the Name of the Lord, We are
confident by this means your Majestie may yet be restored, and a sure
and firme peace procured. We take it as a great mercy, and as a door
of hope, that GOD still inclines the hearts of all his Servants to
pray for your Majestie; And we would not have your Majestie to look
upon it as a light thing that you have been preserved alive, when many
thousands have by your means and procurement fallen on your right
hand and on your left hand. God forbid that your Majestie should any
longer despise the word of exhortation, the riches of his goodnesse,
forbearance and long suffering, not knowing that the goodnesse of
God leads you unto Repentance; For if your Majestie do so, As we are
afraid, all Counsels and Endeavours for your Majesties re-establishment
shall be in vain and without successe, because of the Wrath of the LORD
of Hosts, who brings down the mighty from his Throne, and scatters
the proud in the imaginations of their hearts; So we shall mourn in
secret for it, and for all the miseries that are like to come upon your
Throne and your Dominions, and comfort our selves in this, that we
have delivered our own souls. But we desire to hope better things, and
that your Majestie will humble your self under the mighty hand of God,
and be inclined to hearken to the faithfull advise of his Servants, be
willing to secure Religion, and imploy your Royall Power for advancing
the Kingdom of the Son of GOD, which will turn as well to the Honour
and Happinesse of your Majestie as to the Peace and Safety of your
Subjects.

       *       *       *       *       *

August 12, 1648. Sess. Ult

_Act discharging Duels._

The General Assembly taking in consideration the many Duels and combats
that have been fought, and Challenges that have been made, and carried,
and received in this Land of late. And being sensible of the exceeding
great offence that comes by so horrible and hainous a sin; which is
a grosse preferring of the supposed credit of the Creature unto the
Honour of the most High God, and an usurpation upon the office of the
Magistrate by private mens taking of the Sword, And a High degree of
murther both of body and soul, by shedding the blood of the one, and
cutting off the other from time of repenting; And which doth ordinarily
produce many wofull consequents, Therefore doth enact And Ordain that
all Persons of whatsoever quality who shall either fight Duels, or
make, or write, or receive, or with their knowledge carry Challenges,
or go to the fields, either as Principals, or as Seconds to fight Duels
and Combats, that they shall without respect of Persons be processed
with the Censures of the Kirk and brought before the Congregation two
severall Lords-dayes; In the first whereof they are sharply to be
rebuked and convinced of the hainousnesse of their sin and offence, and
on the next to make a solemn publick Confession thereof, and profession
of their unfained Humiliation and Repentance for the same. And if the
Person guilty of any of the former offences be an Elder or Deacon, he
is to be removed from his office, and whatsoever person guilty of any
of these offences, shall refuse to give obedience according to the
tenour of this Act, shall be processed to Excommunication: Declaring
always, that if any be killed at such Duels, the killer shall be
proceeded against by the Kirk as other murtherers.


_Act concerning deposed Ministers._

The Assembly considering that divers Ministers deposed for Malignancy,
and complying with the Enemies of this Kirk and Cause of God, may be
suited by, and hope to get entry in some Congregation where a Minister
deposed for Malignancy hath been, and may be supposed to have put on
the people a stamp and impression of Malignancie, and being by the
Act of the Generall Assembly in _Anno_ 1645, Past all hope of being
restored to the place out of whilk he was cast: Now also Ordains and
enacts that no Minister deposed for Malignancy and complyance foresaid
(when it shall fall out that he be put in a capacity of admission to
the Ministry) shall enter into the Congregation of any other Minister
who also hath been deposed for Malignancy and complyance, as said is.

       *       *       *       *       *

The General Assembly not having now time to consider the References
of preceding Assemblies, and the most part of Presbyteries not
having sent their opinions in Writ, Therefore do yet again Recommend
to Presbyteries and Provinciall Assemblies to consider all matters
referred by this or by any former Assemblies, are to send their
opinions therein in writ to the next Generall Assembly:

       *       *       *       *       *

The meeting of the next Generall Assembly is hereby Appointed to be at
Edinburgh the first Wednesday of July, 1649.

  A. KER.


INDEX _of the UNPRINTED ACTS of the GENERALL ASSEMBLY, held at
Edinburgh, 1648._

1.—Election of Mr George Gillespie, Moderator. _Sess_. 1.

2.—Recom. to the Magistrates of Edinburgh for accommodating the
Assembly-house for the Members thereof. _Sess._ 2.

3.—Committee for the contraverted Commissions. _Ib._

4.—Committee for References and Appeals. _Ib._

5.—Committee for Bills and Overtures. _Ib._

6.—Committee for triall of the proceedings of the Commission of the
preceding Assembly. _Ib._

7.—Committee for revising the Provinciall Books. _Ib._

8.—Committee for appointing Ministers to Preach during the Sitting of
the Assembly. _Ib._

9.—Committee to consider the present dangers and duties of these times,
and other publick matters. _Ib._

10.—Ref. to the Committee to consider of the said Elections of
Commissioners from Burghs. _Ib._

11.—Act concerning the Commission from Ireland. _Ib._

12.—Act rejecting the Commission from the Presbyterie of Chirnside.
_Sess._ 3.

13.—Letter to the Laird of Blacader, Elder in the said Commission, to
clear the Assemblies respects to him. _Ib._

14.—Act Refusing the Commission from Dunce. _Ib._

15.—Meeting of the Commissioners from severall Provinces to try
the blasphemies and insolences of the Army, now forth in the late
Engagement against England, and to report. _Ib._

16.—Act concerning Mr James Aitkin. _Sess._ 4.

17—Commission for Visitation of the Presbyteries of Dunce and
Chirnside. _Ib._

18.—Committee for hearing the report concerning the Paraphrase of the
Psalmes in Meeter. _Ib._

19.—Ref. to the Committee for publick matters, to take in the
reports concerning the Directorie of Government, Catechisme, and CXI
Propositions. _Ib._

20.—Recom. in favours of the relicts of Doctor Sharpe and Mr R.
Brounlies to the Committee of Estates. _Ib._

21.—Petition from the Army lately gone to England. _Sess._ 5.

22.—The offers and desires of the Committee of Estates of the 17 July.
_Ib._

23.—Quære to the Committee of Estates. _Ib._

24.—Recom. to the Lord Theasaurer for the arrears of the annuity of
500. li. Sterl. _Ib._

25.—Answer to the Quære from the Committee of Estates 17 July. _Ib._

26.—Return to the Committee of Estates. _Ib._

27.—Ref. Petitions from Ireland for Ministers to a Commitee. _Ib._

28.—Modification to Mr David Calderwood for his publick employments.
_Sess._ 6.

29.—Modification to the Clerk of the Assembly for his service. _Ib._

30.—Paper from the Committee of Estates of the 18 July. _Ib._

31.—The Assemblies return to the said Paper. _Ib._

32.—The Committee of Estates answer to the said return. _Ib._

33.—The Assemblies Return to the said answer. _Ib._

34.—Another Paper from the Committee of Estates of the 18 July. _Sess._
7.

35.—Answer to the Paper last sent from the Committee of Estates,
bearing a power to certain Members of the Assembly to confer with their
Lordships. _Ib._

36.—Answer to Mr Patrick Hammiltoun, denying his desire for opening his
mouth, with a Recommendation in his favours. _Sess._ 8.

37.—Remit. Mr James Rosse to Presbyterie and Synod. _Ib._

38.—Recom. to Presbyterie of Dunkeld concerning vaiking Stipends. _Ib._

39.—Approbation of the Act of the Commission of the preceding Assembly
concerning the Collecting of the History of the time. _Ib._

40.—Recom. to the Clerk for Printing the publick Papers. _Ib._

41.—Recom. to the Clerk for reprinting the Confession of Faith with the
Assemblies Approbation. _Sess._ 9.

42.—Recom. to Mr Robert Dowglas for printing two of his Sermons. _Ib._

43.—Ref. concerning Major Turner and Lieut. Colonel Hurrie to the
Commission for publike affairs. _Ib._

44.—Remit. to the Presbyterie of Edinburgh concerning the Service-books
and Idolatrous monuments, now lying in the high-School-yard. _Ib._

45.—Committee for considering James Murrays businesse. _Ib._

46.—Paper from the Committee of Estates of the 20 Iuly. _Sess._ 10.

47.—The Assemblies Answer thereto with an appointment for conference.
_Ib._

48.—Order for citing Patrick Lesly Provest of Aberdeen. _Ib._

49.—Recom. to the Committee of Estates concerning his miscarriage. _Ib._

50.—Ref. concerning insolences and blasphemies of the souldiers to the
Commission for publick affairs. _Sess._ 11.

51.—Paper from the Committee of Estates of the 22 July concerning the
conference, and concerning Patrick Lesly. _Sess._ 12.

52.—The Assemblies answer to the said Paper. _Ib._

53.—Act concerning Mr George Clerk. _Ib._

54.—Act refusing Mr George Hutchesons transportation to Air. _Ib._

55.—Motion verballie from the Committee for Ministers to the Army, with
the Assemblies answer thereunto. _Ib._

56.—Act concerning Patrick Leslies answers. _Ib._

57.—Paper from the Committee of Estates of the 24 July. _Sess._ 13.

58.—Ref. of the said Paper to the Committee for publick businesse to
consider of an answer, and report their opinions. _Ib._

59.—Act concerning Patrick Lesly. _Ib._

60.—Appointment of a letter to Mr Hew Henderson for setling in Dumfries
according to the sentence of transportation. _Ib._

61.—Ref. for planting a Collegue in Air to the Commisson for publick
affairs. _Ib._

62.—Ref. of the remedies of the sins of the times, to the Committee
which was appointed for triall of the Commission of the preceding
Assembly. _Ib._

63.—Ref. Mr Walter Comries transportation to the Committee of bills,
and they to report. _Ib._

64.—Appointment that all bills, appeals, references, reports, &c. be
given in before Wednesday next. _Ib._

65.—Paper from the Committee concerning Patrick Lesley. _Sess._ 14.

66.—The Assemblies answer thereunto. _Ib._

67.—Ref. Patrick Lesley to a Committee for conference. _Ib._

68.—Suspension Mr Harie Cockburn. _Sess._ 15.

69.—Vote sustaining the summons concerning the transportation of Mr
John Leviston to Ancrum. _Ib._

70.—Recom. Mr Iohn Durie to E. Hadington. _Sess._ 16.

71.—Ref. Mr Samuel Dowglas to the visitation of Dunce and Chirnside.
_Ib._

72.—Ref. the dissent of the Brethren in the Provinciall of Merse and
Teviotdaill to the said visitation. _Ib._

73.—Ref. concerning Ministers to Ireland to the Commission to be
appointed for publick affairs. _Ib._

74.—Advise concerning discipline to be used, with the Garisons and
Regiments in Ireland. _Ib._

75.—Letter to Generall Major Monro. _Ib._

76.—Ref. for planting the Kirk of Bruntiland to the Commission to be
appointed for publick affairs. _Sess._ 17.

77.—Recom. concerning James Murrayes children. _Ib._

78.—Recom. to the Commission of Parliament for planting of Kirks the
adjoyning Sutherland, Sutherlandhall, &c. to Lindean and making it a
distinct paroch. _Ib._

79.—Recom. for keeping in the interim the Kirk of Galosheills. _Ib._

80.—Recom. in favours of Mr James Morison Minister at Erne and Randell,
or his executors for the payment of a some of mony by the next intrant.
_Ib._

81.—Recom. for planting Kirks in Badinoch to the Commission for
planting of Kirks. _Ib._

82.—Recom. to the Commission for publick affairs to think upon and
prosecute some wayes for planting a Ministery in Lochabar. _Ib._

83.—Recom. to Presbyteries to send a more particular information of the
insolencies and miscarriages of the souldiers and the evidences thereof
to the Commission for publick affairs. _Ib._

84.—Ref. to the Committee of bills to distribute the petitions for
charitie. _Ib._

85.—Recom. Mr Robert Linsayes relict and children. _Sess._ 18.

86.—Recom. Mr Patrick Linsayes children. _Ib._

87.—Paper from the Committee of Estates of the 28 of July. _Ib._

88.—Recom. to Presbyteries to supplie the places of the brethren sent
in Commission to the Generall Assembly, or that attend the meetings of
the Commission of the Assembly. _Sess._ 19.

89.—Act for conference with Earle of Abercorne untill the first of
March. _Sess._ 20.

90.—Committee for considering the hospitalls, and to report their
condition. _Ib._

91.—Commission for visiting Rosse, Sutherland, Cathnes, Orknay, and
Zetland, with a Reference concerning Mr Iames Iohnston. _Ib._

92.—Commission for visitation of Stirling, and Dumblane Presbyteries,
with a Reference for the particular concerning Mr Andrew Iaffray. _Ib._

93.—Ref. to the Commission for publick affairs for the triall of the
Provinciall book of Argyle. _Ib._

94.—Act appointing the Clerk to print the Declaration with the first
conveniencie and to send it to Presbyteries. _Sess._ 22.

95.—Vote for removing the Commissioners in the Province of Galloway in
the matter concerning Mr John Levistons transportation to Ancrum. _Ib._

96.—Declaration in favour of the Presbyterie of Jedburgh, for
preserving their right and interest in planting Ancrum _proprio Jure_.
_Ib._

97.—Transportation of Mr John Leviston to Ancrum. _Ib._

98.—Order for some Brethrens presenting the Declaration to the
Committee of Estates. _Sess._ 23.

99.—Ref. to the Committee appointed for publick matters to consider
of the materialls and draught of a petition to the Committee Estates.
_Ib._

100.—Ref. for planting Kircaldie to the Commission for publick affairs.
_Sess._ 24.

101.—Approbation of the manner and order of the calling and setling a
Collegue in the Kirk of Culrosse. _Ib._

102.—Committee concerning Mr Iames Row. _Ib._

103.—Committee for examining Witnesses upon the injury done to Mr
Robert Melvill. _Ib._

104.—Committee for examining a scandalous Pamphlet falsly put forth
under the name of Mr Alexander Henderson. _Sess._ 25.

105.—The Assemblies answer Refusing the desire of the Isle of Makghie
in Ireland for Mr Iohn Dick. _Ib._

106.—Vote for ___________ Maccullo of Ardwell his purgation by oath.
_Ib._

107.—Warrant for citing the persons that injured Mr Robert Melvill.
_Ib._

108.—Vote concerning Patrick Leslie. _Sess._ 27.

109.—Approbation of the Excambion mentioned in the contract betwixt
Sir William Scot and the Minister of Mertoun consented to by the
Presbyterie, and approven by the Synod. _Ib._

110.—Ref. Mr William Home to the Visitation of Dunce and Chirnside.
_Ib._

111.—Liberty for Iohn Gillon to preach untill the next Assembly for
exercise of his gift. _Ib._

112.—Ref. concerning the Quære from the Presbyterie of Edinburgh,
touching the marriage of a young gentlewoman minor without consent of
her tutors, to a Committee. _Ib._

113.—Act refusing the desire of Mr Iames Row for opening his mouth.
_Ib._

114.—Remit. the appeal of the Parochiners of Schots, concerning
the admission of Mr Francis Kincade to the Presbyterie and Synod
respectively of consent. _Ib._

115.—Act refusing the transporting of Doctor Colvill to the Colledge of
Edinburgh. _Sess._ 29.

116.—Ref. Mr William Sanders to the Commission for planting of Kirks.
_Ib._

117.—Ref. dissent in the Presbyterie of Chirnside to the visitation of
Dunce and Chirnside. _Sess._ 30.

118.—Act for conference with the Lady Mordington. _Ib._

119.—Ref. to the Visitation of Dunce for tryall of that murder
committed in the Lord Mordingtons house. _Ib._

120.—Appointment of Mr Alexander Leviston to go to Ireland first, next
Mr Hary Sempell, Mr Androw Lawder in the third place, and Mr Iohn Dick
the last three moneth. _Ib._

121.—Recom. Some Brethren to speak again the Lord Theasaurer for
payment of by-gones of the annuity of 500l. Sterling. _Ib._

122.—Vote for laying aside the question concerning Mr John Lawes
appeal. _Ib._

123.—Ref. to a Committee to consider of some Overtures concerning
Papists and their children and Excommunicate persons and to report.
_Ib._

124.—Recom. to the Presbyterie of Chirnside, concerning Mordingtons
family. _Ib._

125.—Act concerning Patrick Leslies acknowledgment and promise of
better behaviour, With a Reference to the Commission for publick
affairs if he keep not his promise. _Sess._ 31.

126.—Committee for considering the Petition of the great Session of
Edinburgh for Ministers, and to report. _Ib._

127.—Continuation of the examination of the Directory of Government,
and the CXI Propositions untill the next Assembly. _Sess._ 32.

128.—Recom. to Universities to bring to the next Assembly the grounds
and evidences of their Commissions to Assemblies. _Ib._

129.—Commission for Visitation of Glasgow. _Ib._

130.—Commission for Visitation of Aberdeen. _Ib._

131.—Commission for Visitation of Edinburgh. _Ib._

132.—Letter to the Officers of the Army now in England in Answer to
their Letter and Petition to the Assembly for Ministers. _Ib._

133.—Act reponing Mr William Dowglas. _Ib._

134.—Act reponing Mr John Logie. _Ib._

135.—Recom. certain persons for charity. _Ib._

136.—Act for delaying the Communion. _Ib._

137.—Recom. for repairing of Kirks, and founding of Schools in the
Presbyterie of Sky. _Sess._ 33.

138.—Continuation of Mr Andrew Ramsay untill the morne. _Ib._

139.—Suspension of Mr Andrew Ramsay, untill the next Generall Assembly.
_Sess._ 34.

140.—Ref. Mr William Colvill to a conference, and they to report. _Ib._

141.—Citation of Mr William Colvill _apud acta_ to answer for not
reading the Causes of the late Fast. _Ib._

142.—Ref. Doctor John Baron to a conference. _Ib._

143.—Recom. Mr George Clerk to the Presbyteries within Fife, Angus, and
Merns, and Aberdeen. _Sess._ 35.

144.—Commission for Visitation of the Universitie of St Andrews. _Ib._

145.—Act for visiting Hospitals and Mortifications. _Ib._

146.—Recom. to the Provinciall of Argyle to visit the Presbyterie of
Sky. _Ib._

147.—Advise to the Presbyterie to depose Mr William Edmiston with a
Recommendation to the Justice to proceed against him for Adultery. _Ib._

148.—Recom. to the Presbyterie of Sky to censure Profanation of the
Sabbath. _Ib._

149.—Approbation of the report for planting of the Kirks of Edinburgh.
_Sess._ 36.

150.—Committee for naming a List of six Ministers for Edinburgh. _Ib._

151.—Vote concerning Mr William Colvills answering presently for not
reading the Causes of the Fast. _Ib._

152.—Continuation of Mr William Colvill untill the morn. _Ib._

153.—Continuation of Doctor Baron untill the morn. _Ib._

154.—Continuation of the 20s. payed out of every Kirk for dispatches.
_Ib._

155.—Suspension of Mr William Colvill. _Sess._ 37.

156.—Suspension of Doctor Baron with a Reference to the Visitation
of the Universitie of St Andrews and Commission for publick affairs
respectively. _Ib._

157.—Recom. of the Minister of Cameron to the Commission of Parliament
for planting of Kirks. _Sess._ 38.

158.—Recommendation to Master James Hamiltoun and Master James Guthrie
to draw in Articles the duties of Elders, and a forme of Visitation of
Families, and to prepare a report to the next Assembly. _Ib._

159.—Recom. to Mr David Calderwood to draw a drought of a forme of
visitations of particular Congregations, and to prepare a report to the
next Assembly. _Ib._

160.—Recom. to Mr John Smith and the Clerk, to draw out all the Acts
of Parliament and Assembly, for Kirk Discipline and Penalties for
scandalous Sins, and to report to the next Assembly. _Ib._

161.—List of six Ministers to Edinburgh. _Ib._

162.—Ref. to the Commission for publick affairs to plant four Ministers
out of the said List in the Kirks of Edinburgh. _Ib._

163.—Declaration of the unsatisfactorinesse of the Observations of the
Committee of Estates upon the Assemblies Declaration, with a Reference
to the Commission for publick affairs, to put forth an Answer thereto.
_Sess._ 39.

164.—Appointment of the first dyet of Citations in the matter of
transportations not to be before the last Wednesday of October. _Ib._

165.—The Assemblies Answer to a Quære from the Presbyterie of Elgin,
concerning the transporting from the Hie-lands a Minister to the
Low-lands. _Sess._ 40.

166.—Letter to their Brethren in Ireland. _Ib._

167.—Letter to the Lord Chancellour. _Ib._

168.—Indiction of a Fast on the second Sabbath of September, with the
causes thereof. _Ib._

169.—Recom. concerning Mr Hew Henderson. _Ib._

170.—Recom. for the people in Libberton to repair to the Kirk of
Quodquen. _Ib._

171.—Recom. to the Parliament for dissolution the benefice of Kinkell.
_Ib._

172.—Act for proceeding against Captain Maxwell and John Sumervail and
Coronet Weir. _Ib._

173.—Recom. for planting in Innerness another Minister that hath the
Irish tongue. _Ib._

174.—Recom. for planting a Kirk in Gladsmure and that some Brethren
speak to the E. Hadington that by his pretence to the Patronage he do
not obstruct so good a work. _Ib._

175.—Remit. Mr John Law to the Provinciall of Glasgow. _Ib._

176.—Ref. concerning Mr Iames Aitkin to the visitation of Rosse and
Caithnes, &c. _Ib._

177.—Ref. Mr Donald Rosse Minister at Lochbroom to the said visitation.
_Ib._

178.—Ref. Mr Iohn Duncan to the said Visitation. _Ib._

179.—Recom. to the Presbyterie of Dingwall concerning Mr Murdo
Mackenzie late Minister at Suddie. _Ib._

180.—Act declaring Mr Murdo Mackenzie late Minister at Dingwall,
uncapable for ever of the Ministery, with a Recommendation to the
Presbyterie to proceed against him with Excommunication. _Ib._

181.—Deposition Mr William Cowper Schoolmaster at Chanrie from that
charge. _Ib._

182.—Continuation of the matter concerning Mr John Rosse at Lunfaman,
to the next Assembly. _Sess. Ult._

183.—Act Ordaining the Presbyterie of Elgin to proceed against Master
Thomas Gilzeam and John Gordon. _Ib._

184.—Ref. Master Francis Omey to the Provinciall of Perth. _Ib._

185.—Refusall of Master George Hannaes desire, and his censure for his
miscarriage. _Ib._

186.—Recom. in favours of his wife and children.

187.—Recom. concerning the Kirk of Mordington, to the visitation of
Dunce and Chirnside. _Ib._

188.—Recom. to the Provinces of Aberdeen, Angus and Murray to supply
the vaiking Kirks in Badinoch, Lochaber, &c. respectively in their own
bounds. _Ib._

189.—Ref. of Sir Lachlean Mackean to the Commission for publick
affairs. _Ib._

190.—Ordinance for the Presbyterie of Sky to proceed with
Excommunication against Mr Lachlane Fraser. _Ib._

191.—Ref. Concerning the particulars given in by Master James Moreson
against the Presbyterie of Kirwall to the visitation of Rosse and
Caithnes. _Ib._

192.—Renovation of the Commission of the preceding Assembly in Sess.
26, concerning Witchcraft. _Ib._

193.—Recommendation Master Alexander Mackean to Presbyteries and
Universities for a Bursar, and particularly to the Presbyterie of
Edinburgh. _Ib._

194.—Act concerning the tryall of Master William Home and citing of
Witnesses. _Ib._

195.—Commission to Mr John Pringill and Mr John Strachen to examine
Witnesses in that matter. _Ib._

196.—Recom. to the Commissioners of the Presbyterie of Glasgow for
sending to the Clerk an exact report of the condition of their
Kirks, with their provisions, the extent of Paroches, and number of
Parochiners. _Ib._

197.—Act for intimating the Visitation of Dunce and Chirnside. _Ib._

198.—Recommendation Master William Dowglas to the Committee of Estates.
_Ib._

FINIS.




=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1648.


_Excerpts from Principal Baillie’s Letters._

_To Mr William Spang. [Glasgow,] March 27, 1648._

  REVEREND AND DEAR COUSIN,—He is wiser than a man who can inform
  what course our affairs here will take. This is the seventh week
  that I have been forced to attend in Edinburgh; and yet we see
  small appearance of any good conclusion; but as they are I make you
  this account of them. After the King found himself disappointed of
  all the fair hopes made to him by Cromwell and his party, whether
  on their repentance, or their fear from Lilburn, Rainsborough,
  and their levelling friends, our commissioners made more serious
  applications, and were more acceptable than before. At the Isle of
  Wight, his Majesty did live with them very lovingly, and upon great
  hopes on all hands. Traquair, Sir John Cheesly, Callendar, and all
  that came home before them, gave it out confidently in the general,
  that the King had given to our commissioners full satisfaction. This
  caused great joy, and a readiness in all to rise in arms quickly
  for his deliverance. But when I found all bound up by oath, not to
  reveal any of the particular concessions till the commissioners
  returned, I feared the satisfaction should not be found so agreeable
  as was spoken. The too strict secrecy bred prejudices in the minds
  of the wisest. And when we heard the report from the Chancellor
  and Lauderdale at their return, our suspicions were turned into
  grief: for we found the concessions no ways satisfactory, and the
  engagements of some to the King upon them so great, as did much
  blemish their reputation with many of their intimate friends. Our
  debates for more than a fortnight were to come to the bottom of
  these offers, and to find a way how we might be free of them. We
  were malecontent with our commissioners: their scurvy usage by the
  parliament of England, their compassion of the King’s condition,
  Lanerk’s power with Lauderdale, and both their workings on the
  Chancellor, made them to accept of less, and promise more to the
  King, than we would stand to. They were content we should declare
  our dissatisfaction with the King’s offers as we thought fit, both
  by the church and the state, on condition we would consent to a levy
  against the faction of sectaries. To this we were not unwilling,
  providing we might be satisfied in the state of the question, and
  might be assured, that the army should be put in such hands as we
  might confide in. Both these were promised to us in private; but
  when we found no performance, the business is retarded to this day.
  Betwixt the Chancellor, Duke Argyle, Treasurer, Lauderdale, Lanerk,
  Balmerino, Wariston, Mr Robert Douglas, Mr George Gillespie, Mr David
  Calderwood, Mr Robert Blair, Mr David Dickson, Mr Samuel Rutherford,
  many meetings have been had, night and day, private and publick; but
  as yet our discords increase, and are ready to break out in a fearful
  rupture both of church and state. Our meetings were long in private
  for a state of a question. We required peremptorily to stand to our
  former principles and covenant; “to have religion settled first; and
  the King not restored till he had given security, by his oath, to
  consent to an act of parliament for injoining the covenant in all
  his dominions, and settling religion according to the covenant.”
  We stuck many days on that negative expression, “The King not to
  be restored till he had sworn the covenant.” This much had both
  our parliament and assembly pressed upon him at Newcastle; yet at
  last we were content of affirmative expressions: “Religion and the
  covenant to be settled, and thereupon the King to be restored.” The
  next difficulty in the question was about the malignants. We were
  peremptory to have none of them in our army who should not take the
  covenant, and to have all of them declared enemies who should rise
  in arms by themselves for any end contrary to our cause. Here we
  had great struggling. In the writ which we called an agreement and
  engagement, the King’s offers therein, too great favour was shown
  to malignants. We resolved to beware of them so much the more. The
  greatest stop of all was upon the oath. We resolved to have these
  things put in a formal oath, to be taken solemnly by all the members
  of parliament and officers of our army. They declined an oath by all
  means. While we are like to come to no agreement about these things,
  the pulpits sounded loud against the dangers of malignants, but more
  softly against sectaries. We prepare also a declaration of dangers
  and duties, wherein we press to the full our dissatisfaction with the
  King’s concessions in matters of religion. This gave great offence
  to our commissioners. We had put them to it to give us in writ the
  report what passed between them and the King concerning religion;
  for his Majesty in his letter to us had said, he had offered to
  them what he was confident would give us satisfaction, which they
  are necessitated to give us in writ these private concessions, and
  be content to have them, and our reasons against them, published to
  the world. They were not a little offended; but there was no remedy.
  To our sense, they had passed the bounds of their duty, though both
  the committee of estates, and parliament itself, had, in a fair
  general, without examination, approved all they had done. We thought
  it destructive to our cause and covenant, and ourselves absolutely
  impeded from all motion for the King till these grounds of motion
  were publickly disclaimed. It increased our offence, that so many
  noblemen did vex us with debates and votes openly in face of the
  commission, after we had changed in private, for the satisfaction
  of the Chancellor and Lauderdale, many passages of our writ; also
  that they had laboured to their power to make a party among the
  ministers to oppose us, Mr Andrew Ramsay, Mr Andrew Fairfoul, Mr
  Robert Laurie, Mr Andrew Afflect, and divers others; but especially
  Mr William Colvil, who had in private objected against one passage,
  inferring the necessity upon conscience to restore the King presently
  to the exercise of his full regal power in all his dominions,
  notwithstanding of all he had done, without any condition, either
  of covenant, religion, or propositions; that we were obliged to do
  this duty unto him, and never more to oppose till we found him abuse
  this power; and then we might resist, albeit no more but the abuse of
  this power. I did think it enough in our subcommittee to bring him
  to acknowledge so shameful a tenet, all of us thinking he would not
  have the boldness any more in publick to speak to such a purpose;
  yet in the face of the commission, in a very jeering insolent way,
  being a little provoked by the indiscreet challenge of Mr Rutherford;
  he offered to reason for such a conclusion. We had not failed to
  have called him to an account for his malapertness, had not the
  intervention of other greater affairs diverted us.

  By this time the parliament was set. Never so many noblemen present
  in any of our parliaments; near fifty Earls and Lords. Among them
  were found but eight or nine for our way; Argyle, Eglinton, Cassils,
  Lothian, Arburthnot, Torphichen, Ross, Balmerino, Cupar, Burleigh,
  and sometimes the Chancellor and Balcarras. All the rest, with more
  than the half of the Barons, and almost the half of the Burgesses,
  especially the greater towns, Edinburgh, Perth, Dundee, Aberdeen, St
  Andrew’s, Linlithgow, ran in a string after Duke Hamilton’s vote.
  That party, besides the advantage of the number of two at least to
  one, had likewise the most of the ablest speakers. For us none did
  speak but Argyle and Wariston, and sometimes Cassils and Balmerino;
  but they had the Duke, the Treasurer, Lanerk, Lauderdale, Traquair,
  Glencairn, Cochran, Lee, all able spokesmen; yet the other party had
  the advantage of reputation, having from the beginning been constant
  in our cause: also all the assistance the church could make was for
  them. The first bickering was for our declaration. When, contrary
  to their minds, we had passed it, they were earnest it might not be
  published; but we had given orders, as ever had been our custom,
  to print it, even before we had communicated it to the parliament.
  They had divers purposes, either by persuasion or violence, to have
  kept it in; but we let it go out on Monday, and ordained it to be
  read on Sunday thereafter in all the kirks of Edinburgh, and about.
  That which hastened it out was our irritation by the Treasurer’s
  challenge of Argyle on the Monday morning; an unhappy accident,
  that was ready to have kindled the fire amongst us all, had not God
  prevented it. Argyle’s enemies had of a long time burdened him, among
  many slanders, with that of cowardice and cullionry. On the Friday
  afternoon in parliament, discoursing merrily with the Treasurer, he
  said, “He heard of a meeting whereat the Treasurer had been the other
  night.” Speaking a little of this purpose, he apprehended, that the
  Treasurer had said, not only that the best men of the kingdom had
  been at that meeting, but also, that himself was a better man than
  he. Upon this, Argyle goes out of the House in anger, and calls for
  Major Innes, who sat at both their feet, and heard their discourse,
  to know if he had heard the Treasurer say, that himself was a better
  man than Argyle. Innes did not avow the words; but being sent to the
  Treasurer from Argyle, to try if he had spoken so, he said, He would
  not account to Argyle what he said; but whatever it was, he would
  make it good with his sword. Upon this, Argyle desired him to appoint
  time and place; and on the Sunday, a publick fast-day, the Treasurer
  sent back word, after both sermons, that on Musselburgh links, at
  seven o’clock to-morrow morning, he should meet him, and bring a
  nobleman for a second. Innes, albeit no great friend to Argyle,
  not only offered himself to Argyle for a second, but told him, he
  would resent it as a wrong if he were not admitted; so Argyle,
  with no flesh but Innes, the Treasurer, and Lanerk his second, did
  meet. Incontinent all were missed, and many ran to all quarters to
  search for them; and, by God’s providence, before they began their
  plea, some fell on them, and made them part without a stroke. The
  council that night, with much ado, got them to a professed coldrife
  friendship. We had resolved in the commission of the church, to have
  made both before the congregation acknowledge their fault; so much
  the more, as Sinclair and David Lesly, Eglinton, and Glencairn, some
  days before; and some days after, Kenmuir and Cranston, had been on
  the like engagements; but other matters put that out of our heads.

  The publishing of our printed declaration put some of the parliament
  on many hard thoughts of us; but the result of all was, the calling
  of six of us to confer with six of their great committee upon a
  state of a question. For them were, Lauderdale, Lanerk, Humbie,
  Lee, Archibald Sydserf, and Sir Alexander Wedderburn, with the
  Chancellor: For us, Mr David Calderwood, Mr D. Dickson, Mr G.
  Gillespie, Craighall, Libberton, I, with the moderator Mr Robert
  Douglas. They produced to us a draught of a declaration, penned with
  a great deal of deliberation, by the counsel of many, but especially
  by Lanerk’s pen. They had slandered us exceedingly, as opposite
  to all war with the English sectaries on any terms. To clear that
  mistake, I wrote, and put in divers hands, Lanerk’s among others,
  the paper which herewith I send you. Their draught did endeavour
  to give pretty good satisfaction to most of our doubts; yet after
  a day’s advisement, we found it so unsatisfactory, that themselves
  were content we should take it to our consideration to be corrected
  as we found expedient. Mr Gillespie and my Lord Wariston had drawn
  an oath of association, which pleased themselves well, but their
  opposites, extremely ill, and their best friends but so and so, when
  best corrected. In our draught we took so much of their declaration,
  and our friends oath of association, as we thought made a state of a
  question which should be satisfactory to all; and here, to my great
  joy, were we on the very nick of a cordial agreement: but behold a
  most unhappy accident, which did put us to, and yet has kept us in a
  discord almost irreconcileable. There was a great desire in the chief
  that were for an engagement, to seize on Berwick and Carlisle, both
  for the extreme great advantage of these places, and also to begin
  the war, for the encouraging of our friends abroad, and wakening
  our people at home. This they counted no wrong, nor invasion of
  England; their quarrel being only against the sectaries and their
  adherents, for vindicating of our covenant, for the rescue of the
  King, parliament, and oppressed covenanters. An indiction needed not
  against this enemy. The towns of England, for our passing and safe
  retreat in the prosecution of the common cause, ought to be patent.
  Yet the most of us were averse from this design, and had long kept
  it off. In a few days we found the parliament, two thirds for one,
  otherwise affected than we wished. So soon as it was constitute,
  there was an inclination to make a close committee for the greatest
  affairs. Six of every state were named. So long as their power
  was not determined, we were not startled; but so soon as they got
  an absolute power to do what was fitting for the safety of the
  kingdom, in relation to Berwick and Carlisle, incontinent all were
  alarmed. Six of the trustiest members of parliament protested against
  that vote. The protestation was not admitted; but the protestors
  thereafter kept themselves together; and albeit the least, yet they
  kept the reputation of the best part of the parliament. Privately
  and publickly we gave warning, that the passing of such a vote would
  break us irrecoverably; but we were believed too late. My Lord
  Callendar’s party were so furiously earnest to possess Berwick,
  and to begin action, that they threatened to desert Hamilton and
  his friends if they delayed the vote any longer; so it passed,
  notwithstanding our earnest intreaties, and our friends protestation
  to the contrary. The issue was, we refused to confer any more on
  the state of a question. The protestors confirmed their union. Many
  of the shires sent in to supplicate against all engagement, unless
  the kirk were satisfied in the state of a question. David Lesly,
  Holburn, with the rest of the officers, declared their resolution,
  not to move without our satisfaction. After some days contest, we
  found a great change. The Chancellor that had hitherto been too far
  for the engagers, offended with their unreasonable proceedings, came
  almost wholly off them to us his old and best friends. The chief of
  the Duke’s friends came to intreat us to accept all we could desire,
  to state the question according to our mind, to be assured to have
  such in our armies and committees as we liked, to give over the
  surprise of Berwick, and all acting by the close committee. These
  things, by the Treasurer and others, were offered to us, with many
  fair and earnest expressions. As yet we are not satisfied by words,
  and some of our leaders are likely never to be satisfied, and resolve
  to trust to nothing that their opposites can do or say, so long as
  this parliament, which they call unsound, is in being. The danger of
  this rigidity is like to be fatal to the King, to the whole isle,
  both churches and states. We mourn for it to God. Though it proceed
  from two or three men at most, yet it seems remediless. If we be
  kept from a present civil war, it is God, and not the wisdom of our
  most wise and best men, which will save us. I am more and more in
  the mind, that it were for the good of the world, that churchmen did
  meddle with ecclesiastick affairs only; that were they ever so able
  otherwise, they are unhappy statesmen; that as Erastianism is hurtful
  to the church, so an Episcopal papacy is unfortunate for the state.
  If no man were wiser than I am, we should not make many scruples to
  settle the throne, and pull down the sectaries. Never more high and
  dangerous questions in Scots hands. What the conclusion will be, a
  few days will declare.

  While we are sticking in these labyrinths, one of our number, none
  of the most rigid, falls on the overture to propone the commission
  of the general assembly’s desires all together immediately to the
  parliament, wherein, if we got satisfaction, we were to go on as
  they desired us, to state a question. The motion was approven.
  This draught of eight articles, after some changes of it to the
  worse, was passed, and presented, in name of the commission of the
  church, by Mr Robert Blair, Mr Robert Ramsay, and I. For answer,
  the eighteen of their first great committee, with the addition of
  six more, twenty-four in all, the prime members of parliament, were
  appointed to confer with us on these our desires. The commission, to
  these seven who had met before with the subcommittee of parliament
  upon their declaration, added Mr Robert Blair and Mr Andrew Cant. On
  the Thursday, before noon, they went through the first five of our
  desires. All the sticking was on the fifth; wherein we pressed to
  have the malignants who should rise in arms by themselves declared
  enemies, as well as sectaries. This was contrary to the King’s
  agreement with some, and their intentions, who, without the help of
  malignants, made the work impossible. At last we carried the article.
  In the afternoon we had almost differed on the sixth, the King’s oath
  to consent to an act of parliament for injoining the solemn league
  before his restitution to the exercise of the royal power. We pressed
  him not to take the covenant; but whatever his conscience was, we
  conceived him bound to consent to the necessary laws of the kingdom.
  Thus his good-dame Queen Mary assented to the acts of parliament
  for the Reformed religion. This also did pass for the substance;
  only a committee was appointed to smooth some expressions about the
  King’s restitution. We had no power to recede from any word, and
  so would not be at any committee for changing any expression, but
  believed the commission of the kirk would not stick at words, if
  the matter were well secured. On the seventh article, for managing
  the war by constant hands, there was not much debate. We could here
  fall on no words which might not be granted, and yet little for our
  advantage; albeit this was the greatest of all our difficulties. Upon
  the constitution of the army depended all our human safety, hope,
  and security of whatever else was granted. It goes now so, that no
  trust remains to any words or oaths; except therefore force were in
  the hands of our friends, we resolved not to stir; and yet we could
  not crave any such particular, but had necessity to have it done
  one way or other. Some underhand did move to have the Duke General.
  Callender and his friends were careful to free us of this fear; for
  generally all but the Duke’s own followers doubted much the sincerity
  of his intentions, either for religion or the King; albeit I confess,
  whenever I heard him or his brother speak in earnest, they seemed to
  me to give ample satisfaction; but as yet they have not the fortune
  to be believed by many. Ochiltree’s business sticks still in the
  throats of some. Upon too great probability, Callender, by his own
  party, which is great, is wished General: but his inflexibility to
  serve against Montrose, upon the sense of private injuries, whereby
  indelible marks of disgrace were printed on the face of Scotland, and
  his very ambiguous proceedings in England at Hereford and elsewhere,
  make us that we dare not put our lives and religion in his hands.
  David Lesly and Holburn are more beloved by us. The old General, for
  all his infirmities, is acceptable; also Middleton, and the general
  of the artillery, will not be refused. In private we were assured
  these should be the general officers; but we will not be assured
  without sight, and our main difficulties will be upon the committees
  to govern the state and army in the intervals of the sessions of
  parliament. If herein they permit them whom we count trusty, to have
  full power, when they can carry what they will in parliament, it will
  be a great wonder; yet if in this we get not satisfaction, nothing
  else will satisfy. We expect little debate on the eighth article, to
  have an oath for all this; but herein we were peremptory, and hope
  to obtain. It was my wish, that only the parliament and officers
  of the army should swear, and that the body of the land should be
  put to no more oaths; but it seems this association must be no less
  sworn than our two former covenants. While thus far we had proceeded
  on Thursday, I thought we were as good as agreed; so I resolved to
  go home to-morrow; for the opening of our provincial synod lay on
  me as the last moderator; also a new very dangerous infection was
  broken up in Glasgow, and come to my very gates. Upon these reasons,
  after eight weeks stay, I got leave from the commission to return;
  albeit very hardly, for our business was not fully closed, and I had
  immediate access and trust with sundry of the most leading men, with
  whom I was esteemed to do no evil service; while others, by their
  way, did irritate more; also we had resolved to have reason of Mr W.
  Colvil and his followers for their great and dangerous insolency, not
  so much in their open contempt, neglecting to read our declaration,
  as in their sermons and private negotiations, both with noblemen and
  ministers, to frame a faction for dividing of our church, wherein
  the peremptory rigidity of some, the too great simplicity of others,
  and the evil talents of more, gave them the occasion to make too
  great progress; but having staid till I declared my sense abundantly
  against these men, and helped to bring them low, and put them in a
  way either to recant or to be censured, I came away on the Friday
  morning, and to my own house at night. The college was almost totally
  dissolved for fear of the plague. We are waiting on the Lord’s
  pleasure, what he will do with Glasgow, whether yet it may be spared
  from the plague, whereof I am not desperate; and what shall be the
  next act of the long tragedy among us.

       *       *       *       *       *

  _June 26, 1648._—REVEREND AND DEAR COUSIN,—Since my last, March
  28th, I have heard nothing from you, nor long before. Our affairs
  since have had a great progress, but not an inch to the better. All
  appearance of any possibility to agree, daily does more and more
  evanish. A spirit of bitterness, jealousy, and mutual contempt,
  grows on all hands, and the stronger party is begun to persecute the
  weaker, and that evil is like much to increase quickly. The course of
  affairs may draw both beside any intention to do the worst of that
  which has been objected to either as their design. The sectaries and
  malignants may shortly divide the whole isle, to the great danger and
  hurt of the King and the honest Presbyterians in both kingdoms. Our
  storm is yet but waxing; we can make but small judgement of its end.

  When I closed my last to you, as then I wrote, there was some good
  hope of concord, a pretty good answer was expected to our eight
  desires; but some unhappy men made all these hopes to flee away. The
  committee of twenty-four framed their answer, and got it passed in an
  act of parliament before it came to the commission of the kirk. They
  to whom the consideration of it was committed, looked so narrowly
  into every word of it, that they found snares in every other line,
  and not one of our eight desires satisfied. This much the commission
  represented in a new paper, added a new desire, to declare against
  the negative voice of the King, which the commissioners papers in
  England had so much pressed. This draught of Mr James Guthrie’s, in
  the absence of Mr G. Gillespie, was as ill taken when it came to the
  parliament as any other, and so was as good as laid aside, till in
  the large declaration they gave it an answer. In the mean time they
  put out the act of posture for setting all the kingdom in a defence
  against invasion; but in a few days came out the act of levy, which,
  incontinent, alarmed all. The first narrative was ill taken, a danger
  from the malignants that had taken Berwick and Carlisle. The world
  knew there was no danger to us from them, for they had been with
  us in Edinburgh, and their enterprise upon Berwick and Carlisle
  was generally believed not to have been undertaken without some of
  our privities. The act therefore, before publishing, was helped,
  grounding our levy on the danger from the army of sectaries, which
  these surprises would draw down on our borders; and in this there is
  like to be no false prophecy.

  Here it was where our differences began first to be irreconcileable.
  We stood on the managers of the war as much as any one thing. The
  committees of shires, and crowners for the posture, were indifferent;
  but when it came to the levy, generally all the crowners of horse and
  foot were chosen as Duke Hamilton, and Callender liked. Our friends
  here got very little of their will; but the copestone was put upon
  our despair, when we found Hamilton and Callender, how much contrare
  soever one to another, yet at last, after their had been much
  speech and dealing of either to join with Argyle, and that, through
  whose fault I know not, had miscarried at last: I say, Hamilton
  and Callender did join too friendly to our prejudice, and that on
  these terms, beside others, that the Duke should be General, and the
  Earl his Lieutenant. Both of them to that time had been opposite to
  the employment of either; and so long as they had any hope of our
  compliance, both professed a great deal of willingness to continue
  the old general officers, without any change, and each offered to mar
  the employment of the other; but when they could not draw our friends
  to engage in any terms liking them, then peremptorily they struck
  hands, and went on without much more notice of us.

  With threats and promises they moved old Lesly to lay down his
  place. For a long time we had hopes the army, which we had kept
  from dissolving, should have been firm to us; but Middleton spoiled
  that our hope. All the officers had joined in a supplication to the
  parliament backing the desires of the kirk. Had this been stood
  to, the designs of others had soon been broken; but Middleton, who
  long had shifted subscription, at last was willing to join, with
  an addition of a short postscript, of the subscribers willingness
  notwithstanding to obey all the parliament’s directions. This
  commentary did so enervate the text, that our friends persuaded the
  officers to lay aside their petition, as that which was profitable
  for nothing, being clearly emasculate by the postscript. From that
  day we lost the army. David Lesly, by much dealing of many, was made
  willing to keep his place; yet afterward he repented, and gave it
  over; and so did Holburn, and divers more of the most gallant of
  their officers, when they saw the church’s advice totally neglected.

  These things did grieve much the spirits of many, and I believe few
  more deeply than my own, so that my health by grief for many days
  was impaired; yet by the importunity of many, I was (before fully
  recovered) drawn back again to Edinburgh. Then I found that matters
  totally were desperate. Lauderdale with grief, the Treasurer, with
  many tears, told me how sore against their hearts they went the way
  they were in, casting the blame on others, who yet assured me, for
  their parts, that they found never any truth in the fair general
  offers was made them, when it came to any particular. However, then
  the dice was cast, every side were engaged to go on in their own way.

  The declaration, long and well studied, and penned most by Lanerk, in
  very plausible terms, was offered to us. We appointed a committee for
  it. It was my advice to be short in observing, and to pitch but on
  the main exceptions. On sundry we agreed, and what sum offered I got
  out of their own conceptions; yet being obliged to take physic, I was
  forced to keep my chamber ten days. In this interval Mr Gillespie,
  without much contradiction, got in his representation whatever either
  himself or W. or C. had collected, which made it tediously long,
  and in sundry things needlessly quarrelsome, and to come so late,
  that the parliament, after ten days waiting for it, at Lauderdale’s
  canker’d motion, commanded their declaration to go out without any
  more notice of what we had to say against it.

  At this time a messenger went to the parliament of England with five
  demands, craving an answer peremptorily in fifteen days. That which
  they feared most was to engage in any treaty. This we ever pressed,
  but they thought it needless, since they quarrelled not with the
  parliament, but with the army and their adherents, with whom they
  were not obliged to treat, and lose the season of the English motions
  at home. The rumour of our war made a great stir in many parts both
  of England and Ireland, and put the parliament to alter much of their
  former way, to grant London their militia, the tour the guard of
  the parliament as before, the freedom of their imprisoned aldermen,
  the recalling of the eleven members to their places, the restoring
  the impeached Lords, the making Warwick admiral of the navy: the
  army also was forced to divide; Cromwell to Wales, where yet he is;
  Fairfax to the north; but in his march he was recalled to suppress
  the Kentishmen. The most of the shires were on their feet. Had not
  our unhappy discords marred our expedition; had we with a small army,
  with any unanimity, but appeared on the border in time, appearingly,
  without stroke, we might have got for the King, for our friends, for
  ourselves, what we pleased; but our fatal discords were as well known
  at London as at Edinburgh, so leisure is taken by Fairfax to quiet
  Kent and Essex, and by Cromwell to hold down Wales, and by others
  to keep in Cornwall. Lambert in Yorkshire had time to keep back
  Langdale from York and Lancashire, and great pains are taken to join
  the Presbyterians and the Independents against all the risers in the
  shires, and our army, as against malignants. If this conjunction go
  on, the King and our nation are in a hard taking.

  In the meantime the parliament and commission proceed in their
  paper-differences. Their declaration and our representation are both
  printed. They go on to act, we to preach against the lawfulness of
  the engagement as it was stated. The rendezvouses are appointed
  for the shires against the 21st of May. Many presbyteries, synods,
  burghs, shires, gave in supplications the 1st of June, to delay the
  levy till the church got satisfaction. Our poor town still singular
  in that unhappiness, is made the first example of suffering. All of
  us the town-ministers went up to supplicate the Duke in Hamilton,
  in the name of the presbytery, to delay the lifting of our people
  till our supplications were answered by the parliament. I spoke
  oft, and at length, to his Grace and Excellency, as moderator of the
  presbytery. We got courteous and civil words enough; but deeds very
  bitter. Incontinent all our magistrates and town-council, that same
  night, were summoned to answer to the parliament, for not keeping
  with their men the rendezvous; a fault common to them with all their
  neighbour towns and shires, yea with the whole kingdom well near; yet
  they were all cast in the tolbooth, and kept there divers days; and
  because they professed scruple of conscience to further the levy,
  they were all deprived of their places, and a commission sent to the
  old council that before was removed, to elect new magistrates.

       *       *       *       *       *

  But this not all our misery. Before this change, some regiments of
  horse and foot were sent to our town, with orders to quarter on no
  other but the magistrates, council, session, and their lovers. These
  orders were exerced with rigor. On the most religious people of our
  own town, huge burdens did fall. On some 10, on some 20, on others 30
  soldiers, and more, did quarter; who, beside meat and drink, wine,
  and good cheer, and whatever they called for, did exact cruelly their
  daily pay, and much more. In ten days they cost a few honest, but
  mean people, 40,000 lb. besides plundering of these whom necessity
  forced to flee from their houses. Our loss and danger was not so
  great by James Graham.

  No relief got we, but a greater mischief. Many yeomen in Clydesdale,
  upon fear to be levied by force, had fled from their houses to
  Loudon-hill, and there had met in a body of some hundred horse and
  foot. Sundry of the soldiers who had left the army, joined with them.
  Much speech began of a resistance in the west. Too many ministers,
  both east and west, were said to be for it, if there should appear
  a likelihood of a party. For myself, I was clear against all such
  thing: I thought we had neither a just cause nor a good authority
  for any such matter, and the farthest we might go was no more than
  suffering. While we are on these debates, Callender and Middleton
  come west on the Saturday the 10th June. About a fortnight before
  Argyle had met with Eglinton and Cassils at Irvine. This meeting gave
  a show to the talk of a resistance in the west. Fife also seemed to
  look that way: but it appears now well, that the named noblemen,
  whatever they met for, did conclude of no such thing; for Argyle went
  presently home to Inverary, and Eglinton declared himself willing
  to let his men be levied. However Callender made haste to make the
  west secure. The Clydesdale men came, on the Saturday, to Mauchline
  to communicate. That night Callender lay at Paisley. On Monday he
  made a rendezvous at Stewarton, of 16,000 good horse, and above 2,000
  foot, at ten o’clock. From thence he marched to Mauchline, sending
  Middleton before him with 300 horse.

  The noblemen and gentlemen of the shire of Ayr had sat late on the
  Saturday at a committee in Riccartoun: finding that Fife had yielded,
  that Argyle was far off and quiet, and Callender with an army in
  their bosom, they resolved to lay aside all thoughts of resistance,
  and of this advertised the people at Mauchline. They notwithstanding
  would not dissolve, but after the sermon in the morning of Monday,
  some 1200 horse and 800 foot with eight ministers go out to Mauchline
  muir; gentlemen or officers very few were among them. While they
  are about to chuse some, Middleton appears. They expected no enemy
  in haste, so they are amazed at the sight. The ministers went to
  Middleton, and capitulated for the safety of all, except the soldiers
  who had left their colours, whereof were 100 or 200. This written
  capitulation the ministers did carry to the people, and persuaded
  to their power their disbanding. The most of the men of Kyle and
  Cunningham were content to go, but the soldiers and Clydesdale men
  would needs fight. While they are more than an hour in this confused
  uncertainty, and sundry crying to fight, Middleton makes a few of
  his horse to charge; but the people presently fled. His soldiers
  abstained from killing, only a taking horse, arms, and purses.
  A troop of the people fleeing to a bridge, and missing the way,
  were forced to stand. They turned on the soldiers, and fought very
  stoutly. Here was the most of the slaughter; near forty fell: some
  say as many of the troopers as of the people. Middleton himself was
  sore put to it by a smith. He got some wounds; and confesses, had he
  not stabbed the smith, though not deadly, while he was bringing on
  him too great a stroke, he had undoubtedly killed him. Many of the
  people were wounded. By the time Callender and the army came up, the
  people were dispersed. They speak as if the Clydesdale horse were
  gone to Galloway, with a mind yet to fight; but I believe it not.
  There is indeed in our people a great animosity put in them, both by
  our preaching and discourse; also by the extreme great oppression of
  the soldiers; so that it fears me, if Lambert be come to Carlisle
  with fresh men, and have put Langdale in to the town, as they say,
  so soon as our army shall be entangled with the English, many of
  our people rise on their backs. To prevent this, they have passed a
  severe, and, as I think, an unjust and tyrannous act of parliament,
  to put all the subjects of the kingdom to subscribe their readiness
  with life and estate, to further the execution of the acts of this
  parliament, meaning, above all, the act of the levy, which the
  church has so much contradicted as unlawful; also to declare, that
  the execution of the acts of this parliament, are the most necessary
  and fittest means to remeid our troubles, and preserve religion;
  and that all who shall not subscribe this much, without delay, are
  justly to be holden enemies to the common cause, religion, and
  country. We think the best part of the land will never subscribe
  this, and so that all of us who refuse shall be at their mercy. If
  I be put to this subscription, as possibly I may shortly, I think I
  may once more come to you, and that to remain longer. A service to
  any of our regiments, or any company of English merchants, will be
  very welcome to me; which you will be thinking of; for however yet
  they let ministers alone, and I have as much favour as any other,
  yet I think our troubles may so increase, that I may be glad to be
  out of Scotland. It seems many of our people may incline to venture
  their lives, either alone or with the English army, if it come near,
  against them who now are employed. I am not for any such matter. For
  fear of sectaries, we have not joined with malignants. If we should
  join with sectaries, it would be to me abominable. We who resolve
  neither to join with malignants nor sectaries, may fall into great
  inconveniencies; but the Lord’s will be done.

  Our approaching general assembly is like to be a dangerous one. The
  moderator’s task will be hard. I am in doubt if I shall be at his
  election. The last time I was near it. I am feared more for it now.
  I incline by absence to eschew it. You have here the posture of our
  affairs as now they stand. I think they shall be much worse before
  they amend.

       *       *       *       *       *

  _August 23, 1648._—How things go here since my last, I give you this
  account. So soon as the motion in the west was crushed, which now I
  find had proven a very high and dangerous commotion, had Callendar
  delayed but two or three days to see it, the Duke with diligence
  did draw his forces together to the border, both to ease the poor
  country of their free quarter and grievous oppression, as also to
  put Lambert from hazarding the regaining of Berwick and Carlisle.
  The leaguer lay long about Penrith and Appleby before the Irish
  troops, and foot regiments from the north came to him. At last
  they became a very considerable force; the greatest that went from
  Scotland since the beginning of these troubles, though far from
  the number, as I conceive, of 22,000 foot and 8,000 horse, which
  common report made them. Never an army was so great a charge to the
  country; the foot-soldier for his levy-money, cloaths, and arms,
  costing generally 100 lb. the horsemen 300 merks, and their free
  quarter being an unlimited plundering of many very good and pious
  people. Our state has now found, which scarcely could have been
  believed, that, contrary to the utmost endeavours of the church, and
  all their friends, they can raise and maintain an army, and do what
  they will at home and abroad. The wisdom of some of us has made that
  practick to pass, and the mystery of our weakness to be divulged
  much sooner than needed. Always what the end will be, a little
  time will try. They are now in Lancashire. Lambert has no force
  to look upon them. The trained bands of the shires join not with
  him. Cromwell, with the few he could bring with him from Pembroke
  castle, having marched mid-way, is forced to return to Wales, where
  the Lord Biron did raise a party so soon as he had left it. Fairfax
  is yet at Colchester. It seems the Houses, city, and committee of
  the shires, have of purpose withdrawn assistance, that Fairfax at
  Colchester, and Cromwell at Pembroke, should lie till their forces
  melt away, and become contemptible. If London permit the Prince to
  lie still in the Downs, and be master of their trade, it cannot but
  breed great altercations quickly. That the cursed army of sectaries
  should evanish in smoke, and their friends in the Houses, city, and
  country, be brought to their well-deserved ruin; that the King and
  his family should be at last in some nearness to be restored to
  their dignity and former condition, I am very glad: but my fear is
  great, that his restitution shall come by these hands, and be so ill
  prepared, that the glorious reformation we have suffered so much
  for, shall be much endangered, and the most that shall be obtained
  be but an Erastian weak Presbytery, with a toleration of Popery and
  Episcopacy at court, and of divers sects elsewhere. We, who might
  have been the chief instruments to have stopped this evil, are for
  the time so far at odds with our state, army, and King, that the
  despite which all three have at us is like to further much that evil
  in England, and draw it ere long on Scotland also; but the Lord can
  easily disappoint our fears. Our state, on pretence to attend the
  Prince, whom, by my Lord Lauderdale, according to the agreement at
  the Isle of Wight, they are inviting hither, but really to keep down
  insurrections of people in the west, are levying 1500 horse more.
  They suspect deadly, that the dissenters in parliament, with the help
  of the church, may raise the country, if their army were once deeply
  engaged or worsted in England. Of this I know no ground; but men who
  are conscious of occasioning much grief to many, fall in needless
  fear, and by the means of preventing, draw on their deservings. Our
  condition for the time is sad: The pestilence in Glasgow, Aberdeen,
  and Edinburgh also; the continuance of very intemperate rain upon
  the corns; the irreconcileable differences of church and state,
  looking towards a very great persecution of them who have been the
  best instruments both of church and state, are great signs of the
  wrath of God; especially the hearts of the body of the people being
  evidently hardened, and the minds likewise of the ministry diverted
  from pressing that humiliation and mourning which the times call for
  above all things else.

  But, leaving the state, our general assembly sat down on Wednesday,
  July 12th. On the Saturday before, I had been tormented with a pain
  in my tooth, more vehemently than ever with any other pain. This put
  me from preaching on Sunday, and riding on the Monday. Thus far I was
  glad that I had a true excuse for my not appearing the first day in
  the assembly, whence I had resolved, however, to have been absent.
  Mr Robert Douglas and Mr Robert Blair preached at the fast. The
  assembly sat till near eight at night chusing their moderator. Every
  man’s addition of three to the moderator’s list, albeit an equitable
  and satisfactory way, yet it proves very longsome. Mr Robert Douglas
  named for his two, Mr Andrew Cant and Mr George Gillespie; the
  assembly added Mr David Dickson, Mr Robert Blair, and Mr John Smith.
  Many named me; but I was well away. Mr Blair was doubtless the
  meetest man; but because lately he had moderated, he got few votes.
  Mr Andrew Cant got two; Mr David Dickson none. It went betwixt Mr
  George Gillespie and Mr Jo. Smith. Mr George did much deprecate the
  burden; as he had great reason, both for his health’s sake, and other
  great reasons: yet he carried it.

  The session on Thursday was spent on the nomination of the
  committees. In all prior assemblies, some few of us met the night
  before the assembly in Wariston’s chamber, with Argyle, the
  Chancellor, and some others of our chief and wisest friends, to
  consider about chusing the moderator, committees, and chief points
  of the assembly. This preparation was now necessarily omitted to our
  hurt. Argyle and the Chancellor were both absent in their own houses,
  to eschew the subscription of the bond of maintenance. Wariston did
  not appear, not only for that cause, but also lest he should have
  been pressed to have pleaded against the ministers; for the eight
  ministers present at Mauchline muir were summoned to answer as
  raisers of the tumult. Mr William Guthrie, Mr Matthew Mowat, and Mr
  Thomas Wylie, were dissuaded to appear. Mr Gabriel Maxwell, Mr John
  Nevo, Mr William Adair, Mr Alexander Blair, appeared, and under their
  hand protested, that, directly nor indirectly, they had persuaded
  the people to meet there that day. When for divers weeks they had
  been put off from day to day, they were at last dismissed to a new
  citation. Always the good advocate being resolved in his mind, if
  he had been put to it, to have pleaded for the ministers, and not
  against them, was, with much ado, moved by his friends to lurk for
  some time till the storm went over.

  The want of these private preparatory meetings, which the moderator’s
  health permitted him not to attend, did make our assembly needlessly
  long, and very tedious; for besides that the moderator’s way of
  inquiring at so many before every voice, was not for dispatch, his
  unacquaintance with the affairs of the committees before they came
  to the face of the assembly, made the reports unripe and unadvised
  and so oft needful after much debate in the assembly, to be
  recommitted. The committee of prime importance was that of publick
  affairs. Upon this the prime men were put; but so mixed, that the far
  most part were of the most rigid dispositions. When Mr Robert Ramsay,
  and some others, were moved to be added to the moderator’s list of
  this committee, it was peremptorily refused, upon this pretence, that
  he was upon another committee. By this means, were got out of that
  meeting whoever the moderator pleased, and on it whom he would.

  For examination of the proceedings of the late commission, Mr
  John Moncrieff, Mr John Row, and some who had not before been
  commissioners, were named. Upon the fear, that they who had corrupted
  the parliament, should have been alike active to have procured
  commissioners to our assembly conform to their minds, it was
  carefully provided, that in all presbyteries they should be chosen
  who were most zealous for the covenant, and for the proceedings of
  the commission of the kirk, and for the maintenance thereof: so this
  assembly did consist of such whose minds carried them most against
  the present engagement, which was the great and only question for the
  time. The ruling elders were, Cassils, Lothian, Balmerino, Coupar,
  Torphichen, Kirkcudbright, Angus, Creigh, Moncrieff, Netherpollock,
  &c. Southesk and Loure were also commissioners; but Loure appeared
  not, and Southesk finding himself put on a mean committee,
  appeared no more. The chief contest betwixt us and the committee
  of estates, was like to be about the work of this committee for
  the commission-book. They sent in Glencairn to desire us to delay
  to approve the proceedings thereof, till they had prepared their
  considerations against them. The custom of the assembly, according
  to prior acts, was to examine with the first, acts of the commission
  of the preceding assembly. The exceptions the state took at their
  proceedings were such as made their persons incapable to voice in the
  assembly till they were cleared. Now the men were a great and chief
  part of this assembly; also the matter in question, the engagement,
  was of a great concernment, and had for many months been in agitation
  betwixt the church and state; so that long time needed not to set
  down any thing concerning it. So soon, therefore, as the report of
  that committee was ready, it was thought meet, without longer delay
  than a night or two, to receive and vote it. All without a contrary
  vote was approven. This angered our statesmen, and made them see,
  that all hope to make the assembly divert from the way of the former
  commission, was desperate.

  The first ten or twelve days we had but one session in the day, the
  afternoon being given to the committees to prepare work for the
  assembly. In our committee for publick affairs, at our first meeting,
  I found more work cut out, and put in other hands, than I well liked.
  I agreed we should go on as far as the commission of the church had
  done against the engagement; but I wished no farther progress; yet it
  was proponed, and carried, to make a new publick declaration against
  it; yea, to have a declaration to England for the same effect. The
  drawing of these was committed to a subcommittee of six, whereof I
  was glad to be none; but I was not content, when, to Mess. David
  Calderwood, Robert Ker, John Smith, were joined Mess. James Guthrie,
  John Livingston, John Maclelland, Robert Blair, and David Dickson,
  who were afterwards added; and I was required to be added, but
  peremptorily refused; for my mind was not very forward for the writs
  they were to draw.

  Friday and Saturday were spent on trying the commissions. Those of
  the presbyteries of Dunse and Chirnside were rejected; the one had
  chosen Mr Samuel Douglas moderator, the same day that a complaint
  of him had come to them from the commission of the church, for his
  never appearing there but once, and that to dissent from the church’s
  declaration against the engagement. The other presbytery’s commission
  was rejected, because they had put in a ruling elder, who had entered
  a written protestation in the presbytery against the causes of the
  late fast, relating to the late engagement. The disaffection of these
  two presbyteries was much spoken of; therefore it was thought fit
  to appoint a visitation, consisting of the most zealous brethren
  of Edinburgh, Lothian, and the Merse, to cognosce and censure
  their carriage as they found cause. The like course was taken with
  the presbyteries of Stirling and Dunkeld. They had not been exact
  enough in trying the alledged malignancy of one of their number.
  This occasioned a visitation of them likewise. Mr Harry Guthrie, a
  very bold man, but in this and the late assemblies very quiet, gave
  in a petition against this course; but rather than to make din in
  vain, took it up again. In our committee we had, these days, some
  reasonings about the commissions from boroughs: none of us were much
  for the things but all for tolerating of them, for fear of offending
  the boroughs at this time; only the commission of Edinburgh was
  thought to be wrong; but none offered themselves for that town. The
  discord betwixt their magistrates and ministers was much more than I
  desired to see. Their spleen against one or two of their ministers
  was great. The wilfulness of some rash men to have Sir John Smith out
  of his place has cost us dear. Since they have got the magistracy of
  that town, who, to their power, have carried all things there to the
  mind of those whom we little affected, one of their great cares has
  been, to keep their kirks rather vacant, than to plant them with any
  whom they liked not. In chusing of ministers and commissioners they
  took a new way. Their commissioners for the assembly they named in
  their town-council; also, as patrons, they elected their ministers
  there. They were content to propone the men elected, to the session
  of that church where they were to serve, but to no other. Much debate
  there was with them in a committee appointed for that end; but the
  result was, that the commissioners elected in their council should
  have the consent of their great session, which is their six sessions
  joined; also the ministers whom, as patrons, they name in the
  council, shall have the consent of the six sessions before they be
  presented to the presbytery; and in regard of their neglect to supply
  their vacant places, now of a long time, the assembly did vote six,
  whom they recommended to the great session to chuse four of them, and
  to obtain their orderly transportations from the commission of the
  church. The men were, Mess. John Maclellan, George Hucheson, Hugh
  Mackell, James Ferguson, James Naesmith, and Robert Trail. All this
  has added to the town of Edinburgh’s offence, and is thought will not
  further the plantation of their vacant places.

  One of the assembly’s committees I have ever been against, tho’ yet
  without fruit. The city of Edinburgh is supplied with the ablest men
  of the kingdom; their chief service should be in assembly time. The
  custom ever has been, that so long as the assembly sits, all these
  men are idle, and all their kirks must be provided by members of the
  assembly. This makes many weak and ill-accommodated country preachers
  fill these eminent places, at most considerable times. This made
  the pulpits of Edinburgh be provided for on the Sundays, and week
  thereafter, worse than needed.

  On Monday always we have the forenoon free, because many go out on
  the Sunday to the churches about. That time I spent in a meeting with
  the universities, and got them to meet twice or thrice more, where we
  debated, and concluded the most part of the overtures, whereof you
  have here a double.

       *       *       *       *       *

  The three or four next sessions were spent much of them in votes and
  debates upon papers betwixt us and the states. Glencairn and others
  presented to us a petition from the Duke and the army for ministers,
  which they seconded. Likewise they offered all the security for
  religion they were able: and for removing the present differences
  they required a conference with us. To all these they required a
  present answer; at least before we past on the trial, in order to the
  approbation of the commission’s books, against which they professed
  they had divers new exceptions. To all these we gave answers in
  writ. The proceedings of the commission were unanimously approven; a
  conference was appointed; eight ministers named, and some elders; the
  army’s letter was referred to our committee. The state neglected the
  conference, since we had approven the proceedings of the commission,
  and had resolved, that no security to religion was possible so long
  as the engagement did stand; only they met once for a fashion, and
  gave in a paper, craving scripture from us for the unlawfulness of
  the engagement, and our meddling with matters of war and peace. This
  paper was referred to our committee. In an afternoon some few of us
  met, and set down our scriptural grounds for both these points; but
  thought fit to put them in the declaration rather than in a several
  paper.

  Mr R. Blair and Mr J. Smith were willing to draw the declaration,
  lest it should fall in Mr James Guthrie’s brisk hand. I obtested
  Mr Blair, that he would be careful of two things; one, to be full
  against the sectaries; another, to beware that his draught carried
  any thing which, directly or indirectly, might carry us to a
  resistance of the state. I knew, that the most of the leading men
  thought a resistance by arms to the ways in hand lawful enough,
  if the dissenters in parliament, or any considerable part of the
  kingdom, had courage and probable force to act; but it was my
  greatest care, that nothing might bear any such thing; and this I
  obtained to my great contentment. There were two points somewhat
  akin to this that I obtained also, but with much difficulty. Sundry
  at divers times moved to have it determined, if it was lawful to
  pay any monthly maintenance, since avowedly it was pressed for the
  use of the army, which was unlawful. I avowed the lawfulness of it,
  as of a tribute agreed upon by the state before this army was in
  being; and that Cæsar in conscience must have his tribute, let him
  employ it to what uses he thinks fit. Also, if this were refused,
  the excise, the portion of annualrents, and all other dues, which
  were employed for the service of the army, behoved to be denied;
  which could not but make the state to take it by force, and the
  people to fight against their spoilers. At last we agreed to lay
  the question aside. It was likewise much pressed, that such as had
  been active for the engagement should be kept from the holy table;
  and, as I did think, the design of some was to have our statesmen
  put under church-censures for their diligence in this engagement.
  My mind in this you have in a paper here by itself. I got it, by
  much speech and private dealing, carried according to my mind. But
  other things were carried over my head. It was moved, for the farther
  clearing of the wickedness of the war, to make a collection from
  the commissioners of all the presbyteries of the chief insolencies
  committed by the soldiers before they went from among us, and to put
  these in our declaration. I was willing they should be collected
  to be complained of both to church and state, and censured by both
  so severely as possible; but was averse to have them registrated,
  for the infamy of the very nation, into our publick declaration.
  In this I was not heard. Also, when it was pressed that ministers
  silent, who did not preach against the engagement, should for this be
  deposed, I wished, if men were modest, and otherwise offended not,
  that this fault might carry no more but a rebuke; but not only it
  was made deposition, but, by the motion of two or three men at most,
  it was carried against my mind, and of divers others, that the prior
  acts against deposed ministers for malignancy should be made more
  strait: 1. That none of them should be ever admitted to any church
  whence a man for malignancy was deposed; but also, that they should
  be kept from preaching till a general assembly did find them fit
  for a church; also, if after their deposition they meddled with any
  part of the stipend or glebe, it should be excommunication to them.
  It was pressed by some, that the not paying of the stipend to the
  next intrant, should be excommunication to the patrons or tenants,
  who, upon the act of parliament, paid it to him who was deposed for
  adhering to the state. This was hardly got avoided.

  It was against the minds of sundry to make a declaration to England
  at all; but this behoved to be. I was feared for Mr James Guthrie
  his hand, and so I found I had reason. His draught was wanting of
  that which I thought was the chief thing it became us to say to them,
  if so we said any thing, a sharp complaint against the sectarian
  army, and the parliament’s negligence to perform their part of the
  covenant, which had brought on us all our present troubles: also it
  had some dangerous expressions, which I thought imported the rock
  I desired to evite, calling our state, “a faction; yea, the mixed
  multitude that came out of Egypt;” but the dissenters from the
  engagement, “the nation, and the Israel of God.” With very much ado
  I got these helped, some in the committee, and others in the face of
  the assembly.

  I found the bent sail of the spirits of some so much on the
  engagement, that all things else were like to be neglected; therefore
  I pressed, that the doctrinals, as most proper for us, which the
  last general assembly had recommended to all the presbyteries,
  might be taken into consideration. I got in the Catechism, but no
  more. We passed this, both the Larger and the Shorter, as a part of
  uniformity; but we thought the Shorter too long, and too high for
  our common people and children, and so put it in Mr David Dickson’s
  hands, to draw it shorter and clearer. Of this he was careful, and
  presented us with a draught before the end of the assembly, which
  truly was very good and exact; but yet so high and long, that it was
  recommitted to Mr John Livingston, who purposed to remit it to the
  ministry of Edinburgh.

  We had three things more of great concernment to have passed, and
  might easily have concluded them all, had not our time been worse
  spent, the Directory of government, the Theorems against Erastians,
  and the Psalms. The first, a very excellent and profitable piece,
  the fourth part of our uniformity, was shuffled by through the
  pertinacious opposition of Mr David Calderwood, and two or three with
  him. Four or five things we all agreed unto, except in that writ
  from our consent; but that which grieved Mr David was the matter
  of church-sessions, which he maintains to have no divine right in
  particular, but to be only as a committee from the presbytery, to
  execute those acts of jurisdiction which the presbytery thinks fit
  to commit thereto. Lest, in the end of the assembly, when many were
  gone, we should come to so grave a debate, or rather, lest at a time
  of our so great strife with the state, we should fall a jarring among
  ourselves, it was thought best to refer the whole writ to the next
  assembly. Upon the same grounds, the Theorems were also remitted.
  The Psalms were often revised, and sent to presbyteries. Had it not
  been for some who had more regard than needed to Mr Zachary Boyd’s
  Psalter, I think they had passed through in the end of the assembly;
  but these also, with almost all the references from the former
  assemblies, were remitted to the next.

  One session, was spent in encouraging Mr David Calderwood to perfect
  his Church-history, and to consider Mr Andrew Ker for his good and
  great service to them. Both got a testimony of our favour, 800 lb.
  yearly for Mr David Calderwood, and 1000 lb. to Mr Andrew Ker, with a
  gratuity of 5,000 merks for bygones, were appointed by the assembly
  to be paid to them out of the church’s £500 Sterling pension; but we
  cannot, for any request, get one penny paid by the Treasurer, and
  have little hopes to get any more in haste.

       *       *       *       *       *

  We were troubled with the opening of the mouths of deposed ministers.
  Poor Mr Patrick Hamilton, in the very nick when the assembly was to
  grant all his desires, was rejected by his own unhappiness. He had
  let fall out of his pocket a poem too invective against the church’s
  proceedings. This, by mere accident, had come into the hands of Mr
  Mungo Law, who gave it to Mr James Guthrie, who read it in the face
  of the assembly, to Mr Patrick’s confusion. Also when the assembly
  was to have at last, after three or four year’s refusal, shown favour
  to your old colleague Mr James Row, Mr Patrick Gillespie, and his
  own cousins, did so far mar him, upon tacit surmises, as, I suspect
  of small importance, that it is like he shall never be permitted to
  preach; yet honest John Gillon got permission to preach, and for
  this I confess I was forward; for the man, though he want letters,
  is very pious and well-gifted, and strong against all sectaries. The
  preparative is not dangerous, for I believe few in an age will fall
  to be in his case; and if many should, I would grant them the like
  favour, though some misinterpret it.

  The assembly spent divers sessions, for small purpose, upon
  transportations. These I love daily worse. The most are evidently
  packed businesses, little for the credit either for the transporters
  or transported. Mr John Livingston, refused to Glasgow, and designed
  for Ireland by the late assembly, though earnestly suited by my Lord
  of Airds, and much stuck to by my Lord Cassils, who, for his respect,
  had made a constant stipend for his church, most out of his own rent,
  though his parishioners had not been cited, yet was, at my Lord
  Lothian’s suit, transported to Ancrum, where the benefice was great,
  and the way to Edinburgh short. D. Colvill, called by Edinburgh to
  the divinity profession, so willing to come as it became a wise and
  modest man, his colleagues willing to dismiss him; yet the private
  respects of a very few, made him to be fixed to his station, which I
  regretted. Mr George Hutcheson, orderly appointed by his presbytery
  to go to Ayr, yet he liking better to go to Burntisland or Edinburgh,
  than to join with Mr William Adair, and Mr William absenting himself
  when the action came in, was appointed to abide in his place.

  I think the misorder of transportations will not be got helped, till
  some honest men peremptorily refuse to obey, which, I think, at
  last, some will do; especially since the falling of so many places
  is referred to the commission of the kirk, with a power almost
  arbitrary, to neglect all the rules before appointed by general
  assemblies for transportations. We were fashed with Patrick Lesly of
  Aberdeen. His intemperate zeal for the levy had made him overhale.
  Mr Andrew Cant gave in a foul libel against him. He gave in another
  against the ministers. It cost a committee very much diligence to get
  this matter accommodated; for it was manifest that Mr Andrew Cant
  could hardly live in Aberdeen, if this man were enraged; so for the
  ministers cause he was much spared, and that matter packed up as it
  might be. Some men are born, if not to raise, yet continually to live
  in a fire. We had some debate in our committee about conventicles.
  Some of them we had heard of in Edinburgh, in the characters of
  sectaries. Mr Robert Knox got them in to my great contentment; for I
  found some too sparing of them; and yet I fear how far in their own
  time they may extend their duty of mutual edification. The whole two
  weeks following were spent on these things. The most were fashed for
  the moderator’s want of dispatch, and too much sticking wilfully to
  his own sense.

  Mr Robert Blair in the most, Mr Robert Ramsay in all, was of my
  mind. Mr Robert Douglas misliked some men’s carriage. The assembly
  of divines wrote to us a general letter. To this, Mr R. Blair’s
  answer was good and uncontroverted. The subscribing of the bond was
  much against all our minds; but an act was drawn up against it in my
  absence, which I much misliked; for it carried censure against the
  pressers of it. This directly aimed at our statesmen, the contrivers
  of it; but in the face of the assembly, I got it to be exponed only
  _ad futura_. Some of my neighbours before the assembly were so far
  in love with this subscription, that I was forced to write to them
  arguments against it, as you may see herewith. Though in some parts
  of the country the subscription go on, yet in the chief and most
  parts it is not required of any.——

  —— Our assembly drove on to the end of the fifth week. Many, dwelling
  far off and superexpended, slid away. I suspected the moderator drew
  long of purpose, waiting for a letter from the parliament of England,
  which came not. We hear now the House of Commons past a declaration
  to us; but the Lords consented not to it. I did not love to have any
  correspondence with them now, but others loved it too well. Another
  motion in our committee I loved not, a letter to be written to the
  king. It was fathered on Mr James Hamilton; and the drawing of it
  put on him, though no commissioner. I knew there would be a heavier
  load laid by us on his Majesty than was expedient to be meddled with;
  also that we should not express such a sense of his unjust sufferings
  as the world would expect; and so I was earnest to let all alone;
  but the moderator carried it: and though the draught of that letter
  came never to our committee, but at the first was taken in to the
  Assembly, and some hours spent in the moderator’s publick correcting
  of it, yet the thing behoved to pass, and the wording of it to go to
  the commission. Many good overtures against the sins of the times
  did likewise pass. One of them I was feared for. It was, first,
  that all ministers conversing with malignants should be censured by
  presbyteries. This would have snared many; for the notion of the
  malignants now by the engagement, is extended to very many. I got it
  some way qualified, but not as it will be found needful.

  That which some days in the end of the assembly troubled us, was,
  Mr Andrew Ramsay and Mr William Colvil’s process. Mr Andrew had,
  in preaching, often fallen out in divers impertinencies, and
  contradiction to his brethren: he had been oft admonished; but the
  man’s weakness and age, and divers who resorted to him, permitted him
  not much to amend. Not only he had spoken for the engagement; but in
  prejudice of our proceedings, and Presbyterian government itself.
  Much he denied; much was proven. He untimeously had fallen on an
  unhappy question, The magistrates power to remit blood. The general
  theses which he professed to maintain, “That the supreme magistrate,
  when the safety of the commonwealth does require, may dispense with
  the execution of justice against shedders of blood,” many of us
  declined to meddle with; but the moderator gladly would have had the
  assembly determining the negative expressly, which was eschewed; only
  the man for his doctrine and carriage was suspended till the next
  assembly. Mr William Colvill was referred to us only for his silence
  about the engagement. The man was generally too busy to countenance
  and encourage our statesmen in their way, and the chief mover of Mr
  Ramsay to his course; however, he himself walked very cannily. I was
  indeed offended at his malapert carriage in the commission of the
  church, and for it, albeit it was not libelled, I consented to his
  suspension; but it was against my mind that Dr Baron should have been
  censured for mere silence; yet it was carried.

  One or two of your friends in our presbytery had been, for their
  silence and ambiguity about the engagement, referred to the assembly,
  had I not diverted and got that evil kept off them; for had they come
  before us, possibly they had never come off.

  We appointed visitations for universities and hospitals, and put on
  them the sharpest men we had. Likely Edinburgh will not submit to
  have either universities or hospitals visited, though they have most
  need; and I pressed their visitation before any other; since, as yet,
  they have ever declined it.

  The commissioners for uniformity with England were continued without
  change; only Lauderdale, to my grief, was justly omitted. I was
  scarce resolved to have seen him; yet my Lady Wariston sent me to
  him, as trusting in his friendship for her husband’s business. He
  told me, that, however, to his best knowledge, there was no design
  either on his place or person for the time; yet that he could not
  answer for what might be shortly, especially when in debate and
  discourse these things might escape him which might irritate them.
  The good Wariston, lest by his enemies, he might be brought in by
  violence, thought meet to retire to Kintyre, where, for the present,
  he passes his time with Argyle. Lauderdale continues kind to me, and
  regrets much the difference betwixt us; fears it become a fountain
  of great evils, either the overthrow of the design for the King
  against the sectaries, or the putting up of the malignant party so
  high, that they will hardly be got ruled; at best the making of the
  government of the church, as we exercise it, to be abhorred by all in
  England and abroad, and intolerable to our own state at home. I find
  the Treasurer in the same mind; but both of them fast enough, for
  ought I can see, to our covenant and persons, except to one or two
  whom they esteem the prime causes of this difference. In Mr William
  Colvill’s censure, Mr David Calderwood rashly had said, “he was the
  painfullest minister of Edinburgh.” This the Moderator exaggerated so
  far, as some spoke of his removal for censure. The moderator before
  had taken him up for his impertinencies indeed; yet too roughly, and
  more, as I thought, than became. After this rencounter, Mr David went
  home, and came no more to the assembly. At this I grieved; it may do
  harm.

  The state, on the Friday before we rose, gave in a large paper of
  observations on our declaration. I take them to be Primrose their
  clerk’s draught. We appointed the commission to sit and answer them.
  They are but poor ones. That same day we renewed the commission of
  the church. There is too great a change of the persons, and too
  great addition of men who never have been members of any assembly;
  also their power is too much enlarged, even to process all who
  oppose their orders, as well as of the general assembly. I find
  divers in the mind, that if once our army in England had got any
  sensible success, our state are resolved totally to suppress the
  commission of the church, as a judicatory not yet established by
  law; and it is feared they will trouble the persons of some of us:
  but the Lord’s will be done. I think indeed the carriage of some is
  too high and peremptory; but if the state begin to trouble any of
  us with imprisonment, it will be a great ill of long and dangerous
  consequence.

  On Saturday, August 12, we arose. In the morning I went away,
  desirous, after much toil, to be at home that night, unwilling to
  wait on the commission, to jangle more with the moderator. I was glad
  we had all ended in peace. The matter of this unhappy engagement I
  hope will not last, and so the ground of our difference with the
  state shall be removed. But new grounds of division may possibly
  arise, which may make our contentions greater.




THE

GENERAL ASSEMBLY,

AT EDINBURGH, 1649.


The mere perusal of the Acts of Assembly, 1648, supersedes the
necessity of giving any particular description of its character. It
approved of all the proceedings of its commission previous to its
meeting, and superadded a great variety of declarations, warnings, and
injunctions, couched in terms of defiance to the supreme authority of
the State, by whose fiat alone it had its existence as an established
church. It were a mere waste of time in this place to animadvert on
these productions; but in the perilous state to which the Estates of
the realm had reduced the kingdom, these proceedings dislocated and
paralyzed the nation to such a degree, that it almost immediately after
became an easy prey to the democratic levellers of England; and, before
another year elapsed, they began to reap the bitter fruits of their
infatuation, exemplified in their declarations of independence and
supremacy.

Before, however, introducing the reader to the Acts of the Assembly of
1649—the last which the Kirk was permitted in a united and recognised
form to hold for the space of forty-one years thereafter—it is
necessary to advert to the political and military movements, both in
Scotland and England, which intervened.

Immediately after the Scottish Commissioners entered into the
engagement at the Isle of Wight for the deliverance of the King and
country from the thraldom in which they were held by the English army
and parliament, the Scottish nobles and gentry exerted themselves, as
may be fairly inferred from the conduct of the Estates in the summer of
1648, as already recorded, in order to ensure success to their designs.
But, unhappily, the elements of jealousy and disunion, which had been
fermenting during the ten preceding years, and more especially the
active hostility of a great portion of the clergy to the engagement,
rendered these exertions in a great measure abortive. The nation—that
is, the leading men, (for the great body of the people were in a state
of abject vassalage to their lords and the clergy,) were, in this
emergency, divided into three parties. The first consisted of the
clergy and a few of the nobles, who would listen to no proposition
for the King’s deliverance and restoration of the monarchy, except
an unconditional submission, by him and all others, to the Solemn
League and Covenant, and the Kirk as its administrators. Others were
for liberating and restoring the King, without reference to ulterior
arrangements. A third party were for combining that object with the
maintenance of Presbytery and the Covenant in the mode adopted by
the Estates in June, 1648. From among such heterogeneous materials,
therefore, it was exceedingly difficult to create any one concentrated
and united body such as should be able to rally and combine the
energies of the kingdom in encountering the approaching struggle.
Of the first class, Argyle may be regarded as the most prominent
leader; and this party denounced the employment of any in the army,
or in public office, who were not out-and-out for the League and
Covenant. Of the second class were Traquair, Callender, and others,
who again desired to include all who would promote the King’s cause;
while Hamilton and his brother Lanerick, Lauderdale, and others, were
disposed themselves to subscribe the Covenant, trusting to future
modifications of its rigours, provided this sacrifice of their personal
sentiments were conducive to the safety and honour of the King, and
a cordial co-operation against his adversaries. And to this latter
line of policy the great body of the gentry, and many of the clergy,
were favourable; while Argyle’s party strained every nerve to defeat
the coalition of parties on that basis, and held them up as intent
on overturning entirely their kirk polity, if the engagement should
prosper.

Amidst manifold difficulties, of which a very lively picture is given
in Lanerick’s letters,[382] and other documents of the time, the
levies for the army in Scotland were much retarded during the summer
of 1648, by the speeches and intrigues of the clerical party,[383] by
the want of money, and by the tremours generally awakened under such
conflicting influences; but an important addition was made by the
recall of a part of the Scottish troops, who were stationed in Ireland,
and had continued there for some years. Of that army, above 2,000 foot
and 1200 horse returned to Scotland. There had been great difficulty,
too, in fixing on a generalissimo. Lord Leven and his brother David
Leslie were generally desired, as their names and experience gave them
a preference; and, although the latter had acquiesced in the common
wish on this point, he afterwards declined. After much chaffering,
Hamilton, as the leading nobleman of Scotland, was named to the chief
command, although he had not hitherto given any proofs of possessing
that military genius which inspires an army with assured confidence in
its commander.

In addition to other embarrassments, there were differences of opinion
among the Scottish leaders as to the time of making an effective
movement of the army. Hamilton and Lanerick were for delay till their
opponents at home were somewhat curbed, and their friends in England
ready to co-operate by simultaneous demonstrations. But this was deemed
inexpedient, as some English troops, under Lambert, were already
advancing to the north of England; and, finally, it was resolved that
there should be a general rendezvous of the Scottish army at Annan, on
the 4th of July, 1648, just on the eve of the meeting of the General
Assembly, whose anathemas against the Engagement, and all concerned in
it, were fulminated, during the space of a whole month, in the capital
of the kingdom.

About this time, and before the army was fully mustered, Loudoun, by
whom the engagement had hitherto been zealously promoted, seceded from
the cause; whether chagrined by any oversight of his pretensions to
high command, or some other mixed motive, has not been sufficiently
explained: and even before the army was collected at its rendezvous,
Middleton and Urrey had a skirmish at Mauchline, in Ayrshire, with
about 2000 rustic ultra-Covenanters, who, under the influence of
the clergy, had assembled, with arms, on pretext of celebrating a
communion. They were soon, however, dispersed by Callender, the second
in command under Hamilton—sixty of the insurgents, and five officers,
with some ministers, being taken prisoners. The peasants and clergy
were released; the officers were condemned to death by a council of
war, but were pardoned by Callender.[384]

At the day appointed, the army assembled; Colonel Lockhart having been
previously stationed with some regiments of horse at Annan; Turner,
with several regiments of infantry at Dumfries. Hamilton went from
Edinburgh to Annan, accompanied by Callender, Middleton, and Baillie,
with several regiments of horse and foot, and Turner joined them from
Dumfries.

The army thus assembled is described as exceedingly ill appointed.
Many of the regiments were not above half their regulated quota; not
one in five of the infantry could handle pike or musket; and although
the cavalry were the best mounted that had ever left Scotland, yet the
troopers were raw and inexperienced, and there was not a single piece
of artillery, while there was great want of ammunition, powder, and
other necessaries.[385] The march from Annan was precipitated ere yet
the army was properly organized, in consequence of movements in England.

Without entering into particulars of the march into England, and the
skirmishes which took place with the English forces under Lambert,
to whom Langdale, an English loyalist, was opposed, previous to
the advance of the Scottish army, it is sufficient to note that it
reached Crofton Hall, where it remained above a week, and proceeded
successively to Penrith, Appleby, and Kirby-thore in Cumberland, where,
in consequence of the inclemency of weather, it remained three weeks.
During this progress, it had the advantage, in various conflicts, with
Lambert, who retreated before Hamilton’s army. He waited for the rest
of his forces, of which not above two-thirds had joined, and for the
regiments from Ireland, under Monro, not yet arrived; and the whole
amount of the Scottish army did not exceed 10,000 infantry and 4,000
cavalry.

The next movement was to Kendal, (where Monro saw Hamilton,) and thence
to Hornby, where it was debated in council whether the further march
should be to Yorkshire or Lancashire. The latter was preferred—and
Langdale led the van. The main body of cavalry, advancing before the
infantry for lack of forage, were commanded by Callender and Middleton,
to Wigan, and the bulk of the army marched forward to Preston. On the
18th of August, (the day after the army was thus separated,) Callender
got notice that Cromwell was about to form a junction with Lambert; and
the day following, while the Scottish army and Langdale’s auxiliaries
were in this dislocated position, a general engagement took place, the
particulars of which it is needless to describe; but the balance of
success, after a desultory and gallant though decisive struggle, was in
favour of Cromwell, who took advantage of the absence of Monro’s corps,
and the separation of the Scottish cavalry and infantry: in short, a
retreat was resolved on—and, labouring under numerous privations and
hardships, amid unwonted floods of rain, the infantry, under Baillie,
were obliged to capitulate to Cromwell—a mutiny arose among the
troops—and, finally, at Utoxater, on the 25th of August, the broken
remnant capitulated—surrendering their arms and munitions; the Duke,
and all his officers and soldiers, having assurance of their lives, and
of being treated honourably and with military courtesy. But before the
articles of surrender were returned, the Duke had been taken prisoner
by Gray of Grobie’s corps, and was carried successively to Derby,
Loughburgh, Leicester, and Ashby de la Zouch, where he was kept a
prisoner, from the 28th of August till the beginning of December, when
he was carried to Windsor. And thus terminated this ill-concerted and
fatal expedition in support of the Engagement.[386]

This disastrous issue of the expedition into England, in which several
thousands of the Scottish army were killed, taken prisoners, or
perished of hardships by the inclemency of the season, was followed by
an insurrection in Scotland, of the parties opposed to the engagement,
who had been repressed by the overawing power of Hamilton’s army
previous to its defeat. Of the whole army that had crossed the Border,
Monro’s detachment alone remained entire. It had never, owing to the
jealousies which so unhappily prevailed among the nobles and officers
in command, been incorporated with the main army, but remained
detached in Cumberland; and, after the Duke’s defeat at Preston,
Monro retired on Scotland, to which some fragments of the shattered
army fought and found its way in a very broken condition. The rout of
the expedition was received by what may most appropriately be called
the Kirk party, with the highest exultation, and was hailed as an
infallible token of the divine wrath against the engagement, and at a
heaven-sent commemoration of the Covenant. Forthwith, on the earliest
tidings reaching them, Loudoun, the chancellor, who had concerted
and co-operated zealously in its promotion, but who had seen meet to
desert it in time of need, and Eglinton, stirred up the people of the
western counties; and the ministers speedily appeared in the field,
leading up whole parishes with such arms as they could procure; and
when these were wanting, pitchforks, scythes, and other such weapons
were substituted. Loudoun issued the orders for these levies; Eglinton
was their first commander; and Argyle made all haste to bring up his
Highlanders to the Whigamore[387] host; for this was the occasion
on which that distinctive appellation was used, of a party which
still subsists, although in later times it has undergone prodigious
transformations. Cassillis was one of those who had dissented in
Parliament from the engagement and expedition, and he had some scruples
at first about the lawfulness of this _raid_; but, ultimately, he
joined some of the other western lords at Linlithgow, with his
followers.

The defeat of the expedition, and the insurrection in the west, filled
the Committee of Estates at Edinburgh with dismay and perplexity. Many
of them were not very eager in the cause—all of them were anxious to
save their estates from probable confiscation—and many were threatened
by the ministers with excommunication. Under the influence, therefore,
of terror, selfishness, and ghostly intimidation, their hearts sunk
within them, more especially as the clergy threatened to call in the
schismatic English army to their aid; and, after some hesitation, the
greater number of them agreed to relinquish all attempts at resistance,
and dispatched the Lairds of Lee and Humbie to the western insurgents,
then advanced as far as Hamilton, on their way to the capital, with
proposals for a cessation of arms, and to learn their demands with
a view to a treaty. From the reproach of temporizing and cowardice,
to which this committee was justly obnoxious, Lord Lanerick must be
exempted. He strenuously urged fidelity to their engagement and the
trust reposed in them; but all in vain; and, yielding to the torrent,
he survived this manifestation of imbecility among his colleagues, to
establish, on a future occasion, his claims to honour, to loyalty, and
to patriotism, by perishing, sword in hand, on the battle-field, as his
brother did on the scaffold—thus sealing, by the sacrifice of their
fortunes and by their blood, their entire devotion to their King and
country.

Monro, with his detachment, having, after the battle of Preston,
marched towards the east coast, reached Berwick, where he received
notice, from the Committee of Estates, of the insurrection in the west,
and orders to join them at Colbrandspath; and these they issued after
having resolved to abandon the engagement. He marched to Colbrandspath,
but found not there the promised meeting; and after waiting a day
or two, he received fresh orders to advance to Haddington, where
Lanerick, Crawfurd, and Glencairn met him with some troops that had
escaped from the fight of Preston. On a master of all the forces at
Gladsmuir, they were found to be about 3,000 horse and 2,000 infantry.
By this time the whigamores had carried their raid as far as Edinburgh,
whence the Committee of Estates had fled; and, when Monro’s force
had advanced to Musselburgh, they descried some hundreds of the whig
troopers who bad been sent to that neighbourhood to reconnoitre, but
who retreated after losing a few prisoners taken at the bridge.

The whigamores were organized in and about Edinburgh, under old Leven
and David Leslie. Monro offered to drive them out, but the majority
of the committee overruled this course; while, on the other hand,
the ministers and insurgent lords urged an attack on Monro, which
the experienced old soldiers in command resisted, as perilous with
such raw levies; and, in the meantime, Lee and Humbie were busied in
negotiations betwixt the two parties, but without effect.

From Inveresk, the Committee of Estates, such as it was, under the
protection of Monro’s band, marched westward by the eastern acclivity
of the Pentland Hills, Collington, Corstorphine, and so on towards
Linlithgow—the object being to intercept some of the whig levies from
the west under Cassillis, Kirkcudbright, and Argyle, and ultimately to
establish themselves in Stirling, as a central rallying point suitable
for maintaining their army and receiving auxiliaries from the northern
shires, not yet compromised or overborne by whig ascendency. Cassillis,
with some hundred horse, was almost surprised by Monro’s advance,
but, in the darkness of the night, escaped by Borrowstounness, and
afterwards through Queensferry to Edinburgh. David Leslie followed in
Monro’s rear, but did not venture an attack; and Monro would willingly
have turned upon him, but was anxious to push on to Stirling. At
Larbert, he learned that Argyle, with a troop of horse and a thousand
foot, was in the town of Stirling, with a committee of his party,
endeavouring, by treaty, to get possession of the castle, which was
garrisoned by the King’s troops; and, as the port of the town was shut
and manned, he was obliged to go round the castle, in order to secure
the bridge, and prevent Argyle’s retreat before he could reach him.
On Monro’s advance, the royal standard was hoisted, and the guns from
the castle began to play on some of Argyle’s party who were retiring
alongst it; but Monro, with a few of his men advancing, and the rest
following rapidly, about a hundred were either killed or drowned in
the river, and betwixt eight and nine hundred taken prisoners; Argyle
himself, as was his wont, making his escape.

The Committee of Estates at Stirling, on this success, issued orders
for raising all the fencible men in the northern shires; and Lanerick
went to Perthshire to unite the nobility and gentry there; but very
speedily the divisions and sinister objects of the leading men,
which have so often proved ruinous to Scotland, did their work; and
the craven and slippery members of the committee began to listen to
propositions from the whig leaders and clergy. Distraction of councils
neutralized effectually all opposition to the treacherous machinations
of Argyle and his associates. That nobleman, mortified and excited by
his late defeat at Stirling, having joined the whigamores in Edinburgh
after his escape, prompted measures equally vindictive and treacherous
to his native country; and, with the sanction of his allies, he, Lord
Elcho, and two other commissioners, went to Berwick with an invitation
to Cromwell to join “the honest party” (as they called themselves) at
Edinburgh with his army—an invitation which, it is no ways surprising,
was most cordially accepted. In these circumstances, and pending
the progress of the negotiations betwixt the leaders on both sides,
Monro and his officers saw the necessity of negotiating for their own
safety, and (18th September) sent articles to the whig headquarters
at Edinburgh, which ended in a treaty that the Irish troops should be
allowed to have free passage to Ireland; that none should be questioned
for what was past, but that all who had been in the Engagement should
lay down their offices and places of trust, and not be allowed to sit
in any judicatory; and that all public matters should be referred to
the determination of the Parliament and General Assembly. And thus
was dissolved and dissipated the last show of lawful authority in the
Committee of Estates, and the last fragment of the host which went
forth under the warrant of the Scottish Parliament for maintaining the
ancient monarchy of the country in the person of King Charles I., and
for vindicating the independence of that parliament and the kingdom.

The bad faith of the whigs was fully illustrated in a very brief time;
for, instead of abiding by this treaty, the troops, who separated in
reliance on it, were no sooner dispersed than it was violated. Those
of them who were to go to Ireland were attacked on their march betwixt
Glasgow and Ayr, and plundered, abused, and scattered; and within a
very few days, a proclamation was issued at Edinburgh, commanding
all persons who had been in the army in support of the “unlawful
Engagement,” (an enterprise undertaken under the authority, be it
remembered, of the King and Parliament,) to remove at least twelve
miles from town, under pain of imprisonment, Cromwell being on his way
thither.

Having thus possessed themselves of power, the whig leaders constituted
themselves into a Committee of Estates, without the shadow of any
legitimate warrant. Some of them had indeed been named on the
committee, but being protesters against the Engagement, it was with an
express proviso that they should not be capable of acting until they
owned the Resolutions and Declarations of Parliament. Disregarding this
condition, however, these insurgent leaders arrogated to themselves
the supreme authority, pretending they were appointed by that very act
of the States which actually debarred them; and, as the best proof that
could be adduced of the principles by which they were governed, we
insert, among the annexed documents, the instructions given to their
commissioners sent to the English Parliament.[388]

From that humiliating record of national prostration we are constrained
to turn and advert to some of its accompaniments.

On the 22d of September, “the Marquiss of Argyle, the Lord Elcoe,
Sir John Scot, and others, came as Commissioners from the honest
party in Scotland to the Lord of Mordington’s house at Mordington,
to the Lieutenant-General’s [Cromwell’s] quarters, two miles from
Berwick, within Scotland.” “The Lords day, Argyle sent in to desire
the Governour himself to come forth,” the town being still held by
a Scottish garrison; “and the Lords day, at night, Colonel Pride
possessed himself of Tweedmouth;” and, next morning, tidings reached
Mordington that treaties were in progress for disbanding all the
Scottish armies—that Argyle had taken 10,000 arms which had arrived
from Denmark for the Duke of Hamilton—and that the “honest party” in
Scotland had coalesced completely with the “godly party” of England,
whom hitherto they had abhorred as heretics and schismatics. On the 2d
of October, Cromwell writes that Berwick and Carlisle were delivered
up to him; and the terms of compromise agreed on betwixt him and the
Scottish deputies, stand on record: that all the Scottish armies should
be disbanded—that the affairs of religion in the three kingdoms should
be settled by the General Assembly—all civil questions by a Parliament
in January following—and that from that Parliament should be excluded
every man who had been accessary to the late engagement; and, moreover,
that though life and property should be spared from forfeiture, this
should only be to those who, before the 10th of October, accepted
and submitted to that agreement.[389] Cromwell was met by Lord
Kirkcudbright and General Holburn at Seaton, (his headquarters,) as
a deputation from the Committee of Estates. They accompanied him to
Edinburgh, where he was lodged in the Earl of Moray’s house in the
Canongate, and a guard of honour appointed to protect him. Loudoun,
Leven, Argyle, Cassillis, Burley, General David Leslie, and Wariston,
paid him homage, when he “did demand that, to prevent the reviving or
re-inforcement of their late Engagement and invasion, none that had
been in action therein, or accessary thereto, might henceforward be
employed in any public place of trust whatsoever.” Two days after,
“the same persons brought back from the Committee of Estates a very
satisfactory answer, giving assurance, in name of the kingdom of
Scotland, that accordingly none should be employed, with this addition
only—without the consent of the kingdom of England—which the honest
party thought to be the surest lay and bar against the malignants
creeping in any more. Several select ministers also came from the
Commissioners of the Kirk, both to congratulate and discuss for
mutual satisfaction.”—“The Lord Provost, and several eminent citizens
performed a visit also, and old Sir William Dick, in the name of the
rest, made a great oration.”—“Our entertainment, during our abode at
Edinburgh, was taken care of and defrayed by the Lord Provost, by
order of the Committee of Estates; and, when we were about to come
away, [11th October,] several coaches were sent to bring up the
Lieut.-General Leven, Sir Arthur Haselrig and the rest of the officers
to Edinburgh Castle, where was provided a very sumptuous banquet—the
Lord General Leven, the Lord Marquiss of Argile, and divers other Lords
being present to grace the entertainment. At our departure, many pieces
of ordinance, and a volley of small shot, was given us from the castle,
and we convoyed by some Lords without the city, where we parted.”[390]

These particulars are sufficient for exemplifying the state of
national degradation to which Scotland was thus reduced, when some
of the proudest of her nobles thus bowed the knee to a hypocritical
alien and dictator, and when the champions of Covenanted Presbytery
offered up incense to the leader of that band of armed schismatics
against whom they had fiercely and often fulminated all the thunders of
reprobation. We make no comments, but have stated the facts from the
most unquestionable authority, to which we now make reference. Thus did
Scotland prostitute the motto and emblem of her national independence,
and cast away her sword and her shield of defence.

In the foregoing narrative, it has been our endeavour, for the sake of
distinctness, to confine it almost exclusively to the transactions in
Scotland; but the affairs of the two kingdoms were at that time so much
interwoven, that it is necessary also to take a cursory glance at the
more remarkable occurrences in England during the period to which our
attention is confined, inasmuch as these had a most important bearing
and effect on the kingdom and church of Scotland. We must, therefore,
revert to the position of England at and subsequently to the month of
July, 1648.

Simultaneously with the progress of the engagement in Scotland, and
indeed prematurely and before the Estates of Scotland had fully matured
their plans and organized their army, a great variety of insurrections
arose in England, adverse to the despotism of the parliament, which
was but the slave of the army. The first who declared themselves were
three Presbyterian officers in Wales—Langhorne, Poyer, and Powel—who
commanded troops in Wales. In Kent, the Earl of Norwich headed another
muster; while in Essex, Lord Capel and others; Lord Holland in
Surrey; Langdale and Musgrave were in arms at Berwick and Carlisle;
and Maurice seized Pontefract Castle in Yorkshire. And, to add to
the embarrassments of the ruling power, the crews of seventeen ships
of war, stationed in the mouth of the Thames, declared for the King.
Having turned the Admiral ashore, they proceeded to Holland, where
they put themselves under command of the Prince, (afterwards Charles
II.;) and, subsequently, appeared on the coast of England, to aid
in the general movement. Undismayed, however, by these threatening
appearances, the cabal of statesmen and soldiers, who had already
triumphed over powerful armies commanded by the King and many able
officers, prepared for a vigorous struggle. The Parliamentary army,
being an establishment of 26,000 men, was speedily recruited to double
the number, and, ere long, distributed in the quarters where danger
was most imminent. Colonel Horton, followed by Cromwell, attacked and
defeated the royalists in Wales; Lambert was opposed to Langdale and
Musgrave in the north; Livesey defeated Holland and took him prisoner;
and Fairfax gained advantages in Essex; the parliamentary army thus
baffling their antagonists at all points, and meeting with a greater or
less degree of success.

The army being thus withdrawn from the metropolis and its vicinity,
the Parliament was freed from the pressure by which it had been borne
down, and resumed something of its wonted energy. Those who had been
ejected at the instigation of the army, or had fled from its menaces,
returned and restored the ascendancy of the Presbyterian party; and
various votes, by which members had been expelled and addresses to
the King prohibited, were rescinded—all of which terminated in a new
deputation of Lords and Commons to negotiate of new with the King, at
Newport, in the Isle of Wight. This negotiation was opened on the 18th
of September, 1648, when his Majesty’s altered appearance, under the
pressure of his misfortunes and captivity, touched the feelings of his
visiters. It is needless to recapitulate the topics of negotiation,
which were merely a repetition of those that have already been so often
stated; but, in rigorous bondage—under the control of a power which he
could not resist—he virtually yielded up to the demands of a usurping
Parliament all the prerogatives of the monarchy; yet he would not
consent that those who had fought and suffered in his service should
be delivered up to merciless vengeance, nor would he renounce his
religious faith.

We have read many solemn homilies on the insincerity evinced by Charles
I. in this and other treaties with the English Parliament, and his name
has been often blackened, because, while engaged in those treaties, his
friends rose in arms in his cause, and he contemplated an escape from
the hands of his oppressors. These, with all deference to high names,
appear to be a mere waste of words and of affected morality.

In the first place, none of the treaties, so far as we can
discover, ever were fully completed by the entire acquiescence of
all parties pretending to have a concern in the matter; and his
Majesty’s concessions, however lavish, were, ever and anon, declared
“unsatisfactory;” so that a treaty, not completed, could not be deemed
binding in diplomacy or in morality. Besides, it is a maxim, we
believe, in the law of nations, that any obligation extorted from an
individual in durance, _vi et metu_, is essentially null; and we humbly
venture to regard the Long Parliament of England, during the greater
part of its career, and more particularly at the time to which we now
refer, as a mere horde of rebels, having no higher sanction in the law
and constitution of the kingdom of England than any gang of banditti,
who, having overmastered a solitary and defenceless traveller, and
immured him in their den, dictate to him such terms of release from
their grasp as cupidity or caprice may suggest. As a preliminary to the
dogmatic condemnation which has so long and so liberally been bestowed
on the name and memory of Charles, it is necessary that the legality
of the pretended Parliament, which gained power over his person—that
the seizure of it by the soldiery—that the retention of it by the
Parliament—shall be clearly demonstrated; for, until that be done, the
inculpation of the King in his negotiations with it, and the assumed
legitimacy of the parliamentary proceedings, is nothing better than
mere assumption and the advocacy of brute force, as the only criterion
of truth and justice. This doctrine may not be very palatable to some
tastes; but we cannot consent, in deference to such moralists, to
stifle the honest convictions of our own mind, in reference to a great
question in the constitutional history and principles of the British
monarchy.

The various insurrections, during the autumn of 1648, were defeated
both in England and Scotland, and a temporary but tyrannous repose
restored under the domination of the “honest” Parliament in England,
and the equally “honest” Committee of Estates in Scotland; while
multitudes of prisoners of both nations were shipped off in exile, and
confiscations were too numerous to admit of detail, the despotism which
prevailed under the sway of those popular potentates being more cruel
than was ever experienced in Britain at any period of its history. A
great part of the army, not required for garrisons and keeping the
provinces in awe, had now returned to the neighbourhood of London, and
began to shew symptoms of resuming its sway over the councils in the
metropolis. So early as the 11th of September, a petition from some
thousands of “well-affected” persons in London was presented to the
Commons, setting forth no fewer than twenty-seven heads of reform, and
craving “that they would make good the supream [power] of the people
from all pretences of negative voices either in the King or Lords;”
“that they would make laws for election of representatives yearly, and,
of course, without writ or summons;” that they would “have removed the
tedious burthen of tithes,” and a great many other things of the same
sort. This petition, however, was laid aside with a soft answer.

It was not, however, until the army began to reassemble at St Albans,
(Fairfax’s headquarters,) in October, that this movement assumed a
more formidable aspect. On the 30th of that month, an incendiary
petition[391] was reported to have been presented to the General by
the officers of Ingolby’s regiment, then stationed at Oxford, which
craved that “justice be done upon the principal Invaders of our
Liberties, namely, the King and his party;” and, after various meetings
and consultations of the general council of officers, a letter from
Fairfax to the Speaker, and relative remonstrance, were communicated
to the house on the 20th of November, to the effect that “Parliament
hath abundant cause to lay aside any further proceeding in this
treaty, [which was still pending,] and to return to their votes of
non-addresses, and settle with or against the King that he may come
no more to government;” “that they proceed against the King in way of
Justice;” “that the King be brought to justice as the capital cause of
all,” &c. This letter and remonstrance are of such a nature, that it is
fitting to give them as they are to be found in Rushworth.[392] This
singular remonstrance not only proposed a trial of the King, but craved
that the monarchy should be rendered elective, and that the whole power
of the State, legislative and executive, should henceforward be vested
in a democratic House of Commons, to be annually or biennially chosen
by the people. It was not communicated to the Lords.

It is difficult to trace the proposition for bringing the King to trial
to its first source. Some historians have ascribed it to Ireton. It has
been said that it was first mooted in a military council at Windsor;
and further, to have been concerted betwixt Cromwell and Argyle,
while the former was on the Borders, and on his visit to Edinburgh.
There is probably some truth in all these statements; for, when we
reflect on the progress of insubordination and the usurping spirit
displayed in the Parliament and army, we can be at no loss to account
for the disorganizing and levelling principles which were thus widely
scattered abroad and familiarized to the national mind. The letter and
remonstrance, now referred to, occupied some hours in the reading,
and the debates thereon were very high; but, at last, it was ordered
to be further considered on Monday following. And now, as we shall
immediately see, the downward course of revolution proceeded with an
accelerated velocity. In reference to the last treaty, it may be proper
to note that, on the 25th of November, it was regarded as broken up by
reason of the King having given his ultimate answer that he would not
consent to the proposals of the Commissioners for utterly abolishing
Episcopacy, the spoliation of the Bishops’ lands, and respecting
Ireland. His Majesty was, in consequence, strictly guarded at Newport,
and the headquarters of the army removed to Windsor.[393]

On the 27th of November, letters were, by the Commons, received from
the headquarters of the army, stating “that the officers have had
serious counsels, and yesterday spent wholly in prayer, how to effect
what they desire in the remonstrance; they are unanimous and resolute
in hasting what possible to bring delinquents to punishment, and
settle the kingdom in peace, with what necessary laws are wanting for
benefit and ease of the subject,” &c.; and, at the same time, letters
from Cromwell at Knottingsly, transmitted demands from the officers of
the regiments under his command to have “impartial justice done upon
offenders,” in which, said he, “I do in all, from my heart, concur
with them.” On the 30th a letter came from headquarters, intimating
that, upon a very full council, a declaration was agreed to in further
prosecution of the ends of their late remonstrance; and that they had
resolved to march the army up to London; and that declaration intimated
very unceremoniously that it was a treacherous and corrupt neglect of
public trust in the Commons to lay their remonstrance aside—that the
Parliament was incompetent to judge of this breach of trust—that they
appealed from Parliament to the “extraordinary judgment of God for
obtaining a more orderly judicature”—that they should rejoice if the
majority of the Commons were sensible of the evil of their late way,
and “that the honest members would, by protestation, acquit themselves,
and withdraw from the rest.”[394]

These threats were speedily carried into effect. On the previous day
a detachment of troops had gone to the Isle of Wight, and having
entered the King’s bedchamber ere break of day, and before he had
risen, they seized on his person, forcing him, in the most violent and
discourteous manner, from the custody of those whom the Parliament had
intrusted with the charge of him. His Majesty was thence carried to
Hurst Castle, on the opposite coast. On December 1st, Fairfax wrote
to the Lord Mayor that the army was about to advance on London, and
demanded £40,000 of arrears. The same day the House of Commons declared
the King’s concessions “unsatisfactory,” but postponed further debate;
and the General’s letter to the city having been brought before the
house, it ordered the city to pay the money, but desired a letter to
the General, that it was the pleasure of the house that his excellency
remove the army no nearer London. The pleasure of the house, however,
was now of small avail. The debate was resumed on the 2d and 4th; on
the latter of which occasions, intelligence was received from the
officers who had charge of the King, that his Majesty had been carried
off to Hurst Castle by a party of military acting under instructions
of the General and Council of War. On this it was voted, that the
seizing and carrying off of the King was without the advice or consent
of the house;[395] and, after sitting all night, they came to the
conclusion (December 5th) “that his Majesty’s concessions to the
propositions of Parliament upon the treaty are sufficient grounds for
settling the peace of the kingdom:”[396] a resolution to which they
were not permitted long to adhere, a considerable part of the army
having entered London while this debate was going on. Nor did they
long continue inactive; for, next morning, two regiments were set as
a guard on the Parliament, the city bands discharged, and forty-one
members were seized on their way to the house, and kept in custody, by
special order from the General and council of the army—a proceeding
which has since become a familiar phrase, as “Colonel Pride’s purge.”
The house being informed of this, sent their sergeant-at-arms to summon
the attendance of the imprisoned members; but the sergeant brought a
message from the captain of the guard, that he kept them in custody by
order of his superior officers, which he was to obey before any other
command; and that he could not, therefore, dismiss his prisoners till
he had other orders to the contrary.[397] In the course of the same
day, some officers of the army presented the proposals and desires
of the army, which were in substance, that Hollis, Coply, Massey,
and others, to the number of ninety, who had voted that the parties
concerned in the late engagement were not public enemies, should be
brought to justice or excluded the house. They also demanded abrogation
of certain proceedings of the house, such as agreeing to treat with
the King, and declaring his concessions to be a good ground for making
peace; and craved that those only who by protestation should quit
themselves of these proceedings, should be allowed to remain in the
house, &c.[398]

On the 7th, Cromwell came to the house, and received its thanks for
his services; and, that day, several other members were prevented by
the guard from entering the house, which, in a state of terror, broke
up, after agreeing to hold a humiliation and fast in the house next
day, and to discuss the army’s proposals on the 9th. Notwithstanding
the prayerful proceedings in the house on the 8th, the General marched
two regiments of foot and several troops of cavalry into the city,
(the bulk of the army being stationed in the suburbs,) and secured the
treasuries of several incorporations, from one of which £20,000 were
taken. On the day following the proposed debate dropped _sub silentio_;
and nothing was done save listening to communications from the city
and General about cash; but, for further security, another regiment of
dragoons was quartered in the city. And thus the city, suburbs, and
precincts of Parliament, continued in military occupation, neither
of the houses sitting till Tuesday the 12th of December. In the
meanwhile, however, the General and Council concocted, on the Monday,
what may be termed a “Reform Bill”—embracing various propositions
for an equal representation—for the dissolution of the existing
Parliament—relating to the qualification of members; and, on the whole,
presenting a model not very dissimilar to the codes of our more modern
Radicals and Chartists.[399]

On the 12th of December, both houses met. In the Commons, a vote of
3d January, 1647, by which Hollis and ten other members, previously
excluded, had been rescinded, was declared null; and another vote
of 30th June, 1648, concurring with the Lords for opening a treaty
with the King, was declared highly dishonourable to the proceedings
of Parliament, and nullified. The Sheriff of London, and six other
persons, were apprehended by the army, and imprisoned in St James’;
and the house and army vied with each other in renouncing all the acts
which they had recently passed for effecting a settlement of affairs in
the kingdom.[400] Next day, the Commons reconsidered these resolutions,
and fully adopted them; declaring that no further communications should
be made to or received from the King; and that whosoever contravened
these ordinances should be guilty of high treason.[401]

From this time forward the whole affairs of England may be regarded
as being entirely under a military government. From all quarters,
where portions of the army were stationed, declarations of adherence
to the remonstrance were poured in. The General and Council issued
proclamations for freedom of trade; and the Parliament—an obedient tool
in the hands of the soldiery—complied with all that was dictated to
them. Of the secluded members, sixteen were liberated from confinement.
The new navy, under the Earl of Warwick’s command, concurred with the
army, in the council at which all matters of civil and ecclesiastical
concernment were discussed and decided on as they thought fit: in
short, the nation groaned under a military despotism.

The King was taken from Hurst Castle to Windsor on the 23d of December;
and, on the 25th, a committee of the Commons was appointed to consider
in what manner proceedings should be held against him; petitions from
Norfolk and elsewhere pouring in with clamorous demands that he and all
others aiding and abetting him “in shedding blood, may, without further
delay, be brought to due and impartial justice.” The Council of War, on
the 27th, gave an order that all ceremonies to the King be left off—his
attendants to be fewer, and at less expense; and, the day after, the
committee appointed to consider of the charge against the King, and
the manner of his trial, reported an ordinance for attainting him of
high treason, and for trying him by such commissioners as should be
nominated in the body of the said ordinance. On Friday the ordinance
was committed; and, on the 1st of January, 1649, the Commons passed an
act nominating 150 commissioners and judges for the hearing, trying,
and adjudging the said Charles Stuart for the treasons imputed to
him.[402]

On the 2d of January, the ordinance for trial of the King was, by
message, brought up to the Lords, who demurred to it, and evaded
an immediate answer by saying that they would send it by their own
messenger, and adjourned for ten days. A deputation of the Commons was,
however, sent (3d January) to examine the Lords’ journals, and reported
thence “that their Lordships do not concur to the declaration; and that
their Lordships rejected the ordinance for the trial of the King;” and,
after adjusting the names of the commissioners, by excluding the peers
who had been named, and substituting others, and resolving that the
ordinance for trial should be in name of the Commons only, they, on the
4th, passed the following resolutions:—

“_Resolved_, That the Commons of England assembled in Parliament do
declare that the people under God are the original of all just powers.

“They do likewise declare, that the Commons of England assembled in
Parliament being chosen by, and representing the people, have the
supreme authority of this nation.

“They do likewise declare, that whatsoever is enacted and declared law
by the Commons of England, assembled in Parliament, hath the force of
law; and all the people of this nation are included thereby, although
the consent and concurrence of the King and the House of Peers be not
had thereunto.

“These being reported to the House, the House put them, one after
another, to the question, and there was not one negative voice to any
one of them. Then an ordinance for trial of Charles Stuart was again
read and assented unto, and ordered to be forthwith engrossed in
Parchment, and to be brought in to-morrow morning.”[403]

And here, for the present, we pause in our narrative of proceedings
in England, that we may recur to those in the Parliament of Scotland,
which met at Edinburgh the same day that the Commons of England had
adopted these resolutions. We have entered more particularly into
the foregoing statements, which are drawn from the journals of the
Parliament itself, because, without tracing the entire progress of
events in their due order, it is impossible to form any just conception
of the real facts from the general histories which treat of that
period, and because it is desirable to exhibit in their true colours
the outrageous nature of proceedings by which a self-constituted
and lawless oligarchy, by palpable and daring acts of usurpation,
overturned the constitution of their country, and established in its
stead a wild, democratic, and military despotism.

The Whigamore Parliament met on the 4th of January 1649. By the act
of the preceding session, in June of the previous year, it was
“continued” till March, 1650; but, by the same act, the committee then
named were authorized to call a meeting of the whole Estates at an
early period, if they deemed that expedient. As already indicated, a
change had “come o’er the spirit of their dream;” and that committee
having been completely transformed since it was originally constituted,
all those who had been engaged in carrying the engagement into
effect, as appointed in the former session, were now proscribed, and
excluded from this renovated convention.[404] It consisted, therefore,
entirely of those who either protested against the Engagement, or of
those who apostatized from their former decisions; and Loudoun, whose
tergiversation during the interval had been so conspicuous, was chosen
President—having previously performed penance, and professed repentance
in the High Kirk, to the great delight of the clergy. At the opening of
this session, a fast was appointed for the great sins and provocations
of the land, to be performed in the Parliament House—the Solemn League
and Covenant to be renewed; and letters from the Commissioners in
London were laid before the house, giving information of all the recent
proceedings in London, of which we have already given a detail.[405]

One of the earliest acts of this Parliament, (11th January,) was
to ratify the acts of the whigamore committee, in September and
October, and the exclusion of “all such as have been imployed in
public place and trust, and have been accessary to the late unlawful
Engagement;”[406] and they were also summoned to appear before the
Parliament, to hear and see it take such course as it should think fit
for purging of the judicatories, declaring their places vacant, and
filling these with others. Another act was soon after passed, (16th
January,) “repealing all Acts of Parliament or Committee made for the
late unlawful ingagement, and ratifying the protestation and opposition
against the same;”[407] and thus the entire proceedings of the former
session were completely reversed and rescinded. The insurrection of
Mauchlin Muir was also highly approved of, by an enactment to that
effect; and, further, letters were received of the transactions in
London from the Commissioners there. On the 18th, an answer was
given to the “Testimony communicated unto them by the Commissioners
of the General Assembly, and their concurrence with the same,” in
reference to the “seasonable testimony against toleration, and the
present proceedings of sectaries and their abettors in England;”[408]
intimating their non-concurrence in the proceedings by the Commons
against the King’s person. Next, on the 23d of the same month,[409]
came another act, “for purging the judicatories and other places of
public trust,” by which a clean sweep was made of all who had been
participant in the Engagement. And, to crown all the enormities of
their career, they at this time passed an act against witchcraft, on
the 1st of February, ordaining, that “whatsoever person or persons
shall consult with devils or familiar spirits, shall be punished with
death.”[410] These, and some earnest remonstrances which appear to have
been made, through the Commissioners in London, against taking away the
life of the King, were the chief acts of the first Whigamore Parliament
up to the time of the execution of the King. To the particulars of that
tragical event, therefore, we shall now briefly advert.

On the 6th of January, 1649, the ordinance of the Commons for the
King’s trial was brought in, fairly engrossed on parchment. On the 9th,
the House of Lords met, and had a debate as to the publication of the
grounds on which they rejected the commission for trying the King; and,
the same day, proclamation was made in Westminster Hall, at the Old
Exchange, and Cheapside, desiring all persons who had aught to charge
against his Majesty to give in their statements to the Commissioners
next day in Westminster Hall; and all “delinquents or ill-affected
persons were ordered, by a military proclamation, to depart ten miles
from London; these being all who had served the King during the course
of the civil war. Next day, accordingly, the Commission met, and
appointed Bradshaw, a lawyer, to be their president; and directed Steel
as attorney, and Cooke as solicitor-general, to draw up and manage the
charge against the King.” On the 13th, the “High Court of Justice” (as
it was designated) agreed that the trial should be held in Westminster
Hall, and that for that end the King should be removed from Windsor
and brought up to London on Monday following. On Monday, the Commons
received a stimulating petition from the Corporation of London, which
was approved of. The commission for trial ordered the charge for trial
to be abbreviated by a committee of themselves, and to examine the
evidence, (thereby still further prostituting the judicial character;)
and another impudent declaration was sent from the Council of the Army
to the Commons, who appear in the whole of this infamous business as
the abject slaves of the soldiery.

A few days after, (18th January,) “the Commons having formerly declared
that the supreme power of England is vested only in the people and
their representatives, and therefore voted that all committees, which
before consisted of Lords and Commons, should have power to act to
all intents and purposes, though the Lords join not therein;” and,
the same day, adopted another contumelious vote in reference to the
Peers. On the 19th the King was brought to St James’, and the Court
heard the proof (in absence of the accused) to the several articles of
impeachment against his Majesty. The act of the Commons being read, all
the Commissioners who were present rose on their names being called;
this ceremony being interrupted by Lady Fairfax, the general’s wife,
who was in a window of the house, speaking aloud to the Court then
sitting, “that her husband, the Lord Fairfax, was not there in person,
nor ever would sit among them, and therefore they did him wrong to name
him as a sitting Commissioner.” This little incident, like many others
in the history of great commotions, indicates the high and generous
qualities of the female character, which often shine forth to shame the
virtue and the courage of manhood.

The first part of the trial was enacted on the 20th of January. At this
and the subsequent sederunts of the court, the proceedings were of the
most outrageous nature. The details are too tedious to be embodied in
these sketches, nor shall we attempt by compression to adapt them to
our pages in this place; yet they were of such a character, that, if we
had not an authentic report of them in the honest pages of Rushworth,
the disgusting features of that mockery of judicial procedure could
scarcely be imagined or credited in these latter days. We shall,
therefore, give the entire trial (which is very short) among our
supplemental documents. The result of the whole was, that, on the 27th
of January, the Court pronounced its sentence, which was, that the King
had been guilty of high treason, and “that the said Charles Stuart,
as a tyrant, traitor, murderer, and public enemy to the good people
of this nation, shall be put to death by severing his head from his
body.”[411]

Before passing on to the last sad scene of this tragedy, we must
be forgiven for marking a few of the characteristics of the till
then unheard-of proceedings which were thus wound up. We need not
recapitulate the objections which present themselves to every mind
with regard to the unlawful nature of the whole course of the House
of Commons in this matter. Without a lawful constitution in itself,
according to any view of a free and full Parliament—usurping flagrantly
all the prerogatives of the monarchy, and all the powers and privileges
vested in the House of Peers—its composition vitiated by the exclusion
of a large portion of its members—surrounded by and influenced by a
military force, and vulgar external pressure—it nevertheless arrogated
to itself all the functions, both executive and legislative, of all
the constitutional powers of the State—it arbitrarily appointed a
commission to try capitally the Sovereign of the kingdom, and the
Sovereign too of another kingdom, for endeavouring to suppress
rebellion; and it constituted a tribunal utterly unknown to the usages
and laws of the land, and to which it could not impart any legitimate
authority. That tribunal, in its proceedings, could not be surpassed
in judicial iniquity by anything ever imputed to the Inquisition. The
members of it were disqualified from acting either as judges or jurors
by every iniquity that infers disqualification. They had prejudged the
accused—they assisted in concocting the charges—they refused even to
hear objections to their jurisdiction—they took evidence in absence
of the King, and neither allowed him proof in exculpation, nor to be
heard in his own defence; and, finally, with all these multiplied
abominations on their souls, they doomed their anointed King to die
the death of a traitor, in defiance of every principle of enlightened
jurisprudence, and in violation of all the dictates of universal
justice, wherever its purity is known and reverenced.

On the sentence of this creature of democratic despotism, a warrant for
execution was issued on the 29th; and, on the 30th of January, 1649,
Charles I. was beheaded in front of Whitehall—sustaining, with native
elevation of character, and amidst studied insults and indignities, all
the majesty of a monarch, and all the piety and heroic fortitude of a
Christian martyr. The deed was one of the foulest, most deliberate, and
diabolical murders that ever disgraced the records of human nature, and
will ever remain an indelible stigma on the national character.[412]

We forbear from obtruding on our readers any lengthened strictures on
the character of Charles, which has so often afforded a theme both for
eulogy and censure; yet when turning, with sickness of heart, from
contemplating the unutterable iniquities which ended in his murder, we
cannot entirely refrain from exercising the privilege of our vocation,
and expressing our dissent from the uncharitable constructions which
have been put on his conduct. The most general imputation against him
is, that he stretched the royal prerogative so as to trench on the
liberties of the subject, in things both sacred and secular. But it
should ever be remembered that, in this particular, he only exerted the
power which he inherited with his Crown, in the law and usages of the
constitution; and that even with reference to the most exceptionable
point perhaps in his policy—that relating to the enforcement of
Episcopacy in Scotland—he introduced no innovation, but merely urged
the observance of laws which stood on the statute-book, and had been
acquiesced in by a great majority of the clergy, nobility, and gentry,
as well as the people, for the long period of thirty years. Even
in this matter, the more rigorous enforcement and extension of the
existing law may find some palliation, when it is taken into view that
in this he only followed out his own principles; from which, amid all
his misfortunes, he never swerved; and, besides, when the national mind
was at length fully evidenced, he gave the Presbyterian Church the
fullest sanction, and never after, so far as we have seen any proof,
attempted its subversion.

His insincerity too has been a frequent topic of invective, in regard
to the endless negotiations in which he was involved with his English
subjects. But it ought to be recollected that all diplomacy is
proverbially a system of duplicity; that, almost singly, he was pitted
against a set of the most matchless dissemblers that the world ever
saw, whose objects, he well knew, were the entire subversion of all the
institutions of his kingdom, and the erection of a fierce democracy on
their ruins. And it is absurd to charge him with greater duplicity in
those complicated treaties, than was evinced by his adversaries; who,
the one day, acceded to his concessions, and the next repudiated and
renounced what they had done.

But the great and most clamant fault imputed to Charles is, that he
would not ratify and give effect to the Solemn League and Covenant;—a
charge which has been made by men of very opposite descriptions—by
puritanical devotees on the one hand, and philosophical historians on
the other—agreeing only on this one point, and differing on almost
every other. To the former we would briefly reply, that his resistance
to that League was a patriotic virtue; for a more undisguised and
grinding system of tyranny and persecution never was invented by man,
and never was practised in the worst days of Popish thraldom. Nor
can the inherent vices of that league be mitigated by the plea that,
practically, the extirpation of all who would not yield to its terrors,
was only directed against their tenets, and not their persons; for
this theory is fully refuted by innumerable facts. Many thousands
were not merely proscribed and robbed of their property, but put to
death in the field and on the scaffold, as rebels and traitors, for
no other reason than because they would not submit implicitly to an
insatiable system of spiritual despotism. To the latter class of
critics, who view Charles’ adherence to Episcopacy in England as a
weakness which excites the mingled emotions of compassion and contempt,
and who hold that, to keep his crown, he ought to have abandoned his
most cherished convictions of what was morally right, the answer
is conclusive—that the mere statement of such an objection is the
highest tribute that could be awarded to any human being; for amidst
temptations almost overwhelming to human virtue, the object of their
rebuke held fast his integrity to the death. To both classes we say,
that what they reprobate in Charles can only be the subject of censure
when hypocrisy becomes a virtue, when dissimulation adds lustre to the
human character, and when prostitution of principle and personal honour
shall be raised to the rank of a Christian virtue—an acme of perfection
which, it must be allowed, was fully exemplified by blustering
patriots, who remorselessly filled their country with rapine, anarchy,
and oppression, as the champions of civil and religious liberty, both
of which they trampled in the dust. That Charles I. committed errors,
and grievous ones, is not to be questioned; but they inevitably arose
from his education, and the circumstances in which he was placed; and
“even his failings leaned to virtue’s side.” He was, perhaps, setting
aside the fabulous attributes of other monarchs, the most exemplary and
amiable, as he was one of the most unfortunate of sovereigns, that ever
swayed the sceptre of the British kingdoms.

Having already, at more than our usual length, given all the details
connected with the destruction of King Charles, the minor events which
ensued betwixt that occurrence and the meeting of the subsequent
General Assembly, must now be stated very briefly. We must not,
however, omit to state that, up to the time of the execution, and
particularly on the 29th of January, the Scottish Commissioners in
England, acting by orders of the States, remonstrated in the strongest
terms, and on the most solid grounds, against putting the King to
death. Their letters to Fairfax and Cromwell, which are extant on the
record of Parliament,[413] bear witness to this, and establish that the
foul deed was done by the House of Commons of England, not only without
the concurrence, but in utter contempt of the earnest protestations
of Scotland. Early in February, the Commons voted the House of Lords
“useless and inconvenient;” and at once _abolished it and the monarchy
of England_.

Whenever the tidings of the King’s death reached Edinburgh, the
Estates, on the 5th of February, passed an act for proclaiming his
eldest son, Charles, as King; and this ceremony took place the same
day at the cross of Edinburgh.[414] On the 7th, an act was passed for
securing the Covenant and peace of the kingdom, containing stringent
conditions, that before the Prince, or any of his successors, should
be admitted to the exercise of the royal power, he should not only
take the ancient coronation oath to maintain the Protestant religion,
but also accede to the Covenant and Solemn League and Covenant, and
consent that all civil matters should be determined by Parliament, and
all ecclesiastic by the General Assembly of the Kirk. Commissioners
were also appointed to proceed to the Prince in Holland, and effect
arrangements on these terms. At the same time an act was passed
ratifying the Catechisms and Confession of Faith.[415] Various other
statutes were enacted for putting the kingdom in a posture of defence,
and referable to the existing state of public affairs—for keeping all
“malignants” out of public employment.

But the most important act of that time, relating to the Kirk,
was passed on the 9th of March, for abolishing the patronages of
Kirks.[416] By that statute the Estates did “discharge for ever
hereafter all patronages and presentations of Kirks, whither belonging
to the King, or to any laick patrone, presbyterie, or others within
this Kingdome, at being unlawfull and unwarrantable by God’s word, and
contrary to the doctrines and liberties of this Kirk, and doe repeal,
rescind, make voyd, and annull all gifts and rights granted thereanent,
and all former Acts made in the Parliament, or in any inferior
judicatory, in favour of any patrone or patrones whatsoever, so farre
as the same doth or may relate unto the presentation of Kirks,” &c.
“And because it is needfull that the just and proper interest of
congregations and presbyteries in providing of Kirks and Ministers, be
clearly determined by the General Assembly, and what is to be accompted
the congregation having that interest. Therefore it is hereby seriously
recommended unto the next General Assembly clearly to determine the
same, and to condescend upon a certain standing way for having a
settled rule therein for all tyme coming.” This was a most important
innovation on the original constitution of the Reformed Church in
1567, from which time lay patronage had been an essential element in
its composition, whether in times of Episcopacy or Presbytery; and,
particularly, it amounted to a virtual repeal of the Act 1592, by
which the Presbyterian polity was fully established. It is unnecessary
to anticipate the proceedings of the Assembly on this devolution of
the power of legislation in this matter, as the subsequent acts of
that Assembly will most satisfactorily explain their ordinance. The
Estates, after passing acts approbatory of the proceedings of their
Commissioners in England, and various other matters of particular
concernment, continued the Parliament till the 23d of May following.

After the reassembling in May, the most interesting subject brought
under the notice of the Estates, was a report of the proceedings
of the Commissioners who had been sent to the King to adjust the
terms of his acceptance of the crown of Scotland. That report, and
the various protocols connected with it, shew that the first treaty
proved abortive;[417] the King declining to accede to the proposed
restrictions, and the commissioners urging them ineffectually.[418] The
army was also “purged” of all malignants; and from the communications
which stand on record betwixt the two Parliaments of England and
Scotland, the symptoms of a breach began very soon to appear; but
nothing further very remarkable occurred worthy of notice, till the
meeting of the Assembly, on the 4th of July, 1649, to the Acts of which
we now point attention.




THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY HOLDEN AT

EDINBURGH, JULY 7, 1649.


Iuly 7, 1649. Ante Meridiem. Sess. IV.

_Approbation of the proceedings of the Commissioners of the General
Assembly._

The Generall Assembly having heard the report of the Committee
appointed for revising the proceedings of the Commissioners of the
preceding Assembly; And finding thereby, that in all their proceedings
they have been zealous, diligent and faithfull, in the discharge of the
trust committed to them, do therefore unanimously Approve and Ratifie
the whole proceedings, Acts and Conclusions of the said Commission;
Appointing Mr John Bell Moderator _pro tempore_, to return them heartie
thanks in the name of the Assembly for their great pains, travil and
fidelity.

       *       *       *       *       *

Iuly 10, 1649. Ante Meridiem. Sess. VI.

_Approbation of the Commissioners sent to his Majesty._

The Generall Assembly having taken in serious consideration the
Report of the Travells and Proceedings of the Commissioners sent to
his Majestie presented by them this day, Together with the Commission
and Instructions which were given unto them; Do finde by the Report,
that they have been very diligent and faithfull in the discharge of
the Trust Committed to them: And therefore, do unanimously Approve of
their Carriage, and return them hearty thanks for their great Pains and
Travails in that Employment.

       *       *       *       *       *

Iuly 19, 1649. Post Meridiem. Sess. XVIII.

_Act discharging promiscuous Dancing._

The Assembly finding the scandall and abuse that arises thorow
promiscuous Dancing: Do therefore Inhibit and discharge the same, and
do referre the Censure thereof to severall Presbyteries, Earnestly
Recommending it to their care and diligence.

       *       *       *       *       *

Iuly 20, 1649. Ante Meridiem. Sess. XIX.

  _Act concerning the receiving of Engagers in the late unlawfull
  War against England, to publick Satisfaction, Together with the
  Declaration and Acknowledgment to be subscribed by them._

The Generall Assembly considering what great offence against God, and
Scandal to his People at home and abroad, hath arisen from the late
unlawfull Engagement in War against England, whereby, contrary to the
Law of God and of Nations, contrary to the Solemn League and Covenant,
contrary to the Petitions of almost the whole Kingdom, contrary to
the Declarations of the Judicatories of this Kirk, contrary to the
Protestations of a considerable part of the Parliament, contrary to
the frequent and clear warnings of the Servants of God in his name,
not onely an Association in Counsels and Arms was made with Malignant
persons, who had formerly shewn their dis-affection to the Covenant and
Cause, but an invasion of the Neighbour Nation was prosecuted; from
whence flowed the oppression of the persons, estates and consciences
of many of the People of God in this Land, the shedding of the blood
of some, the losse and dishonour of this Nation, and severall other
inconveniences: And considering that the Commissioners of the last
Generall Assembly have acquit themselves faithfully, in ordaining to
be suspended from the renewing of the Covenant, and from the Ordinance
of the Lords Supper, such as are designed in their Acts of Date the 6
of October and 4 of December last, referring the further consideration
and censure of the persons foresaid to this present Generall Assembly:
Therefore the Generall Assembly for removing of much offences, and for
prevention of the like in time coming, and for restoring of such as are
truly humbled, do Declare and Appoint,

I. That all those who have been guilty and censured as aforesaid, and
withal, do not by their addresses to Kirk Judicatories testifie their
dislike thereof, and give evidences of their Repentance therefore,
That these be processed, and continuing obstinate, be excommunicated;
But if withall they go on in promoving Malignant Designes, that they
be forthwith Excommunicated: As also that all such persons guilty as
aforesaid, who after Profession of their Repentance shall yet again
hereafter relapse to the promoting any Malignant Designe, that these be
likewise forthwith excommunicated.

II. That all these who have been guilty and censured as aforesaid,
and desire to testifie their Repentance, and to be admitted to the
Covenant and Communion, shall besides any Confession in publick before
the Congregation subscribe the Declaration hereto sub-joined, of their
unfained detestation and renunciation of that Engagement, and all other
Malignant courses contrary to the Covenant and Cause, Promising to keep
themselves from such ways in time coming, and acknowledging that if
they shall again fall into such defection thereafter, they may justly
be accompted perfidious backsliders, and breakers of the Covenant and
Oath of God, and proceeded against with the highest Censures of the
Kirk.

III. That of these who have been guilty and censured as aforesaid,
and desire now to testifie their Repentance, Whosoever were formerly
joined in Arms or Counsell with James Graham in his Rebellion, or who
were Generall persons or Colonels in the late unlawfull Engagement,
Or who went to Ireland to bring over Forces for that effect, Or who
have been eminently active in contriving of, or seducing unto the said
Engagement, or whosoever above the degree of a Lieutenant Commanded
these parties, that in promoving of the ends of the said Engagement
shed blood within the Kingdom, either before that Army of Engagers went
to England, or after their return, Or who above the degree foresaid
Commanded in the late Rebellion in the North; That none of these be
admitted or received to give satisfaction, but by the Generall Assembly
or their Commissioners.

IV. That all the rest of these who have been guilty, or censured as
aforesaid, may be received by the Presbyteries where they reside.

V. That all who have been guilty as aforesaid, before their receiving
to the Covenant, shall make a Solemn publick Acknowledgement in such
matter, and before such Congregations as the Commission of the Generall
Assembly or Presbyteries respective shall prescribe, according to the
degree of their offence and scandall given.

VI. That none of the foresaid Persons be admitted, or received as
Elders in any Judicatories of the Kirk, but according to the Act of the
Generall Assembly of the last of August 1647, against complyers of the
first Classe.

And because many have heretofore made shew and profession of their
Repentance, who were not convinced of their guiltinesse nor humbled
for the same, but did thereafter return with the dog to the vomit,
and with the sow to the puddle, unto the mocking of God, and the
exceeding great reproach and detriment of his Cause: Therefore, for
the better determining the Truth and sincerity of the Repentance of
those who desire to be admitted to the Covenant and Communion: It is
appointed and Ordained that none of those persons who are debarred from
the Covenant and Communion shall be admitted and received thereto,
but such as after exact triall, shall be found for some competent
time before or after the offer of their Repentance, according to the
discretion of the respective Judicatories, to have in their ordinary
conversations given real Testimony of their dislike of the late
unlawfull Engagement, and of the courses and wayes of Malignants,
and of their sorrow for their accession to the same; and to live
soberly, righteously and godly; And if any shall be found, who after
the defeating of the Engagers have uttered any Malignant speeches,
tending to the approbation of the late unlawfull Engagement, or the
blood-shed within the Kingdome for promoving of the ends of the said
Engagement, or any other projects or practises within or without the
Kingdome, prejudiciall to Religion and the Covenant, or tending to the
reproach of the Ministry, or the civill Government of the Kingdom,
Or who have unnecessarily or ordinarily conversed with Malignant
and disaffected persons, Or who have had hand in, or accession to,
or compliance with, or have any wayes countenanced or promoved any
Malignant Design, prejudiciall to Religion and the Covenant; That
these, notwithstanding their profession of Repentance be not suddenly
received, but a competent time, according to the discretion of the
Judicatory, be assigned to them for tryall of the evidence of their
Repentance, according to the qualifications above mentioned. And the
Generall Assembly Ordains Presbyteries to make intimation of this Act
in the severall Kirks of their bounds so soon as they can, after the
rising of the Generall Assembly, that none pretend ignorance; And that
Presbyteries make accompt of their diligence in prosecuting of this Act
to the Quarterly meetings of the Commission of this Assembly.

       *       *       *       *       *

_The Declaration and Acknowledgement before mentioned._

I, __________________ after due consideration of the late Warre against
the Kingdom of England; And having also considered the course pursued
and promoted by the Earle of Lanerk, George Monro and their Adherents
in and about Stirling, and by others in the late Rebellion in the
North, against all which not only eminent Testimonies of Gods Wrath
have been giving in defeating of them, but they were in themselves
sinfull breaches of Covenant, and preferring the interest of man unto
God; I doe herefore in Gods sight professe, that I am convinced of the
unlawfulnesse of all these ways, as contrary to the Word of God, and to
the Solemn League and Covenant, not only in regard of the miscarriages
of these that were imployed therein, but also in respect of the nature
of these courses themselves; And therefore professing my unfained
sorrow for my guiltinesse by my accession to the same, doe renounce
and disclaim the foresaid Engagement, and all the courses that were
used for carrying on the same, either before or after the defeat of
the Engagers, as contrary to the Word of GOD and Solemn League and
Covenant, and destructive to Religion and the work of Reformation; And
I doe promise in the power of the Lords strength, never again to own
any of these or the like courses: And if hereafter at any time, I shall
be found to promote any Malignant Design or course, that I shall justly
be accompted a perfidious Covenant-breaker and despiser of the Oath of
God, and be proceeded against with the highest Censures of the Kirk:
Likeas, I doe hereby promise to adhere to the National Covenant of this
Kingdome, and to the Solemn League and Covenant betwixt the Kingdomes,
and to be honest and zealous for promoving all the ends thereof, as
I shall be called thereunto of God, and to flee all occasions and
temptations that may lead me into any the like snares against the same.
Subscribed

  at _________________ the _______________ day of ___________

       *       *       *       *       *

Iuly 24, 1649. Post Meridiem. Sess. XXIII.

_To the High and Honourable Court of Parliament._

The Generall Assembly, Humbly Sheweth,

That whereas we have seen and considered the Act of Parliament
abolishing Patronages, and doe highly commend the piety and zeal of the
Estates of Parliament in promoving so necessary a point of Reformation;
The Generall Assembly do humbly supplicate, that beside the setling
of the Ministers stipends, that the Tythes mentioned in the said Act,
may be affected with the burthen of pious uses, within the respective
Paroches, conform to a draught of an Act seen by the Commissioners of
the late General Assembly before it passed in Parliament; And that
the foresaid Act may be made effectuall for the setling of Ministers
Stipends in Kirks erected, and necessary to be erected according to
the Tenour of the Act of Parliament, And for this effect, that your
Lordships will hasten the sitting of the Commission for Plantation of
Kirks, with all convenient diligence, and your Lordships Answer.

       *       *       *       *       *

27 Iuly, 1649, Ante Meridiem. Sess. XXVII.

  _A seasonable and necessary Warning and Declaration, concerning
  Present and Imminent dangers, and concerning duties relating thereto,
  from the General Assembly of this Kirk, unto all the Members thereof._

The Lord who chooses Jerusalem in a furnace of Affliction, hath been
pleased since the beginning of the work of Reformation in this Land, to
exercise his People with many trialls; all that desired to keep a good
conscience, were not long agoe under many heavy and sad pressures from
the insolency and oppression of a prevailing party of dis-affected and
Malignant men, who under a pretext of bringing the King to a condition
of Honour, Freedom and safety, did carry on an unlawful Engagement
against the Kingdom of England: and if the Lord had not been mercifull
unto his people, they were like, either to have been banished out
of the Land; or to have been kept in a perpetuall bondage in their
consciences, persons and estates: But he whose Messengers those men had
mocked, and whose word they had despised, did bring them down suddenly
in a day, and restored liberty and peace unto his people: A mercy and
deliverance, which as it ought to be remembred with thankfulnesse
and praise, so may it engage our hearts not to faint in troubles and
straites that do yet abide us, but to trust in the name of the Lord,
who both can and will deliver us still out of all our afflictions.

Albeit, wee do now enjoy many rich and precious blessings wherein wee
have reason to be comforted and to rejoyce; yet it were to shut our
own eyes if we should not see our selves involved in, and threatned
with many and great dangers at home and from abroad. It is matter of
exceeding great sorrow to think upon the ignorance and profanity,
the impenitencie and security that abounds still in the Land,
notwithstanding all the gracious dispensation of the Gospel, and means
of grace in such purity and plenty, that none of the Nations round
about us can boast of the like, and of all the long-suffering patience
of the Lord, and of all his sharp rods wherewith he hath afflicted us
from year to year, and of all the mercies and deliverances wherewith
he hath visited us, and of our late solemn confession of sinnes, and
engagement unto duties, sealed with the renewing of the Covenant and
the Oath of God; Which some men have so far already forgotten, as to
return with the dogge to the vomit, and with the sow to the puddle: And
many signes of inconstancy and levity do appear among all sorts and
ranks of persons, who seem to want nothing but a suitable tentation
to draw them away from their steadfastnesse; Our Army is not yet
sufficiently purged, but there be still in it Malignant and scandalous
men, whose fidelity and constancy, as it is much to be doubted, so
is the wrath of the Lord to be feared, upon their proceedings and
undertakings, without a speedy and effectuall remedy.

That prevailing party of Sectaries in England, who have broken the
Covenant, and despised the Oath of God, corrupted the truth, subverted
the fundamentall Government by King and Parliament, and taken away the
Kings life, look upon us with an evill eye, as upon these who stand
in the way of their monstruous and new fangled devices in Religion
and Government; And though there were no cause to fear any thing from
that party but the Gangrene and infection of those many damnable and
abominable errours which have taken hold on them, yet our vicinity
unto, and daily commerce with that Nation, may justly make us afraid
that the Lord may give up many in this Land unto a spirit of delusion
to beleeve lies, because they have not received the love of the truth.

Neither is the Malignant party so far broken and brought low, as that
they have abandoned all hopes of carrying on their former designs
against the Covenant and work of Reformation: Beside many of them in
this Kingdom, who are as Foxes tied in chains, keeping their evill
nature, and waiting an opportunity to break their cords, and again to
prey upon the Lords people; there be standing Armies in Ireland, under
the command of the Marquesse of Ormond, the Lord Inchqueen, the Lord
of Airds, and George Monro, who forgetting all the horrible cruelty
that was exercised by the Irish Rebels, upon many thousands of the
English and Scottish Nations in that land, have entred into a Peace and
Association with them, that they may the more easily carry on the old
designes of the Popish, Prelaticall and Malignant party; And the Lord
of Airds, and George Monro, have by treachery and oppression brought
the Province of Ulster, and Garrisons therein, under their power and
Command, and have redacted our country-men, and such as adhere unto
the Covenant, and cause of God in that Province, unto many miseries
and straits, and are like to banish the Ministers of the Gospell, and
to overturn these faire beginnings of the work of God, which were unto
many a branch of hope, that the Lord meant to make Ireland a pleasant
land.

But which is more grievous unto us then all these, our King,
notwithstanding of the Lords hand against his Fathers opposition to
the work of God, and of the many sad and dolefull consequences that
followed thereupon, in reference to Religion and his Subjects, and to
his person, and Government, doth hearken unto the councels of these who
were Authors of these miseries to his Royall Father and his Kingdoms:
By which it hath come to passe, that his Majesty hath hitherto refused
to grant the just and necessary desires of this Kirk and Kingdom, which
were tendred unto him from the Commissioners of both for securing of
Religion, the Liberties of the Subject, his Majesties Government, and
the Peace of the Kingdome; And it is much to be feared that those
wicked Counsellours may so farre prevaile upon him in his tender yeers,
as to engage him in a warre, for overturning (if it be possible) of
the work of God, and bearing down all those in the three Kingdoms that
adhere thereto: Which if he shall doe, cannot but bring great wrath
from the Lord upon himselfe and his Throne, and must be the cause of
many new, and great miseries, and calamities to these Lands.

It concerns a Nation thus sinfull and loaden with iniquity, and
involved in so many difficulties and dangers, by timous repentance
and unfained humiliation to draw near to God, and to wrastle with him
in Prayer and Supplication, that our sin may be pardoned, and our
iniquity done away; and that he would establish the Land in the love
of the truth, and inable every one in their station to do their duty
boldly and without fear, and in a humble dependance upon the Lord,
in whom alone is the salvation of his people; Every man ought with
all faithfulnesse and diligence, to make use of all these means that
are approven and allowed of God, for preserving and carrying on of
his work, and for securing and guarding the Land against all enemies
whatsomever, both upon the right hand and upon the left.

The Spirit of errour and delusion in our Neighbour-Land, in the policie
of Satan hath vailed it self in many, under the mask of holinesse, and
is in the righteous and wise dispensation of God, armed with power,
and attended with successe: Therefore all the Inhabitants of this land
would labour for more knowledge, and more love of the truth, without
which they may easily be deceived, and led into tentation, and would
learn to distinguish betwixt the shew and power of godlinesse. We know
that there be many in England who be truly godly, and mourn with us
for all the errours and abominations that are in that land; But it is
without controversie, that that Spirit which hath acted in the Courses
and Counsels of these, who have retarded and obstructed the work of
God, dispised the Covenant, forced the Parliament, murthered the King,
changed the civill Government, and established so vast a Toleration
in Religion, cannot be the Spirit of Righteousnesse and Holinesse,
because it teaches not men to live godly and righteously, but drawes
thē aside into errour, and makes them to bring forth the bitter fruits
of impiety and iniquity, and therefore ought to be avoyded. And not
only are such of our Nation as travaile in our Neighbour-land, to take
heed unto themselves, that they receive not infection from such as are
leavened with Errour, but these also who live at home, especially in
those places where Sectaries, upon pretext of merchandise, and other
civill imployments, ordinarily traffique and converse. Neither needs
any man to be afraid of the power and successe of that party, they
who have gadded about so much to change their way, shall ere long be
ashamed; The Lord hath rejected their confidences, and they shall not
prosper in them; How farre they may proceed in their Resolutions and
Actings against this Kingdome, is in the hand of the most high; If
the Lord shall suffer that party to invade this land, it may be the
comfort and incouragement of all the Inhabitants thereof, that not
only hath that unlawfull engagement against the Kingdom of England been
declared against, and condemned both by Kirk and State; but also that
these men can pretend no quarrell against us, unlesse it be, that we
have adhered unto the Solemn League and Covenant, from which they have
so foully revolted and backslidden; and that we have borne testimony
against Toleration, and their proceedings in reference to Religion
and Government, and the taking away of the Kings life: And therefore
we trust that in such a case none will be so farre deficient in their
duty as not to defend themselves against such injust violence, and in
the strength of the Lord to adhere unto their former principles, with
much boldnes of spirit, and willingnesse of heart; In this certainly we
shall have a good conscience and the Lord shall be with us.

We are not so, to have the one of our eyes upon the Sectaries, as
not so hold the other upon the Malignants, they being an enemy more
numerous, and no lesse subtile and powerfull nor the other, and at
this time more dangerous unto us, not onely because experience hath
proven that there is a greater aptitude and inclination in these of our
Land, to complie with Malignants then Sectaries, in that they carry on
their wicked designes under a pretext of being for the King; But also
because there be many of them in our own bowels, and for that they
doe pretend to be for maintenance of the Kings Person and Authority,
and (which is the matter of our grife) because the King ownes their
principles and wayes; which if it be not taken heed unto, may prove a
great snare, and dangerous tentation to many to side with them against
the Lords people, and his cause. The constant tenour of the carriage
of these in this land, who stand for the cause of God, are undeniable
arguments of their affection to Monarchy, and to that Royal Family and
Line wᶜʰ hath sweyed the Scepter of this Kingdom for many hundreds of
yeers past. Albeit his Majestie who lately reigned, refused to harken
to their just desires; yet did they with much patience and moderation
of mind, supplicate and solicite his Majesty for satisfaction in
these things that concern Religion and the Covenant, and were still
willing, that upon satisfaction given, he should be admitted to the
exercise of his power; and whatsoever envie and malice objects to the
contrary, were carefull to get assurance concerning the safety of
his Majesties Person, when they brought their army out of England;
and when notwithstanding of that assurance, the prevailing party of
Sectaries were acting for his life, did to the utmost of their power,
endeavour by their Commissioners that there might have been no such
proceeding; And when their desires and endeavours were not successfull,
did protest and bear testimony against the same. And, as both Kirk and
State had testified their tender respect to his Majesty who now reigns,
by their Letters written to him whilst his Father was yet living, So
no sooner did the Parliament heare of his Fathers death, but they did
with all solemnity proclaim him King of these Kingdoms; And after
they had acquainted his Majesty by Messages with their proceedings
herein, Commissioners were sent both from State and Kirk instructed
with power and Commission to expresse the affection of this Kingdome
to Monarchy, and his Majesties Person and Government, together with
their desires concerning the security of Religion, and the Peace of
those Kingdoms. And albeit the desires of both which are now published
to the world, with his Majesties answers thereto, are such as are most
just and necessary; yet the Counsels of the malignant party had so
great influence upon his Majesty, that his answers are not only not
satisfactory, but short of that which was many times granted by his
Royall Father, and cannot be acquiesced unto, unlesse we would abandon
the League and Covenant, and betray Religion, and the cause of God.

We hold it the duty of all who live in this Land, to wrestle with God
in the behalfe of the King, that he may be recovered out of the snare
of evill Counsell, and brought to give satisfaction to the publick
desires of Kirk and State; and in their places and stations to use
all endeavours with himselfe and others for that effect, and to be
willing, upon satisfaction given, to admit him to the exercise of his
power, and cheerfully to obey him in all things according to the will
of God, and the Lawes of the Kingdom, and to do every thing that tends
to the preservation of his Majesties person, and just greatnesse and
Authority, in the defence and preservation of the true Religion and
Liberties of the Kingdomes.

But if his Majesty, or any having, or pretending power and Commission
from him, shall invade this Kingdom, upon pretext of establishing him
in the exercise of his Royall power, as it will be an high provocation
against God to be accessory or assisting thereto, so will it be a
necessary duty to resist and oppose the same. We know that many are so
forgetfull of the oath of God, and ignorant and careles of the interest
of Jesus Christ and the Gospel, and doe so little tender that which
concerns his Kingdom and the Privileges thereof, and do so much dote
upon absolute and Arbitrary Government for gaining their own ends, and
so much maligne the Instruments of the work of Reformation, that they
would admit his Majesty to the exercise of his Royall power upon any
termes whatsoever, though with never so much prejudice to Religion, and
the Liberties of these Kingdomes, and would think it quarrell enough
to make War upon all those who for conscience sake cannot condescend
thereto. But We desire all these who fear the Lord, and mind to keep
their Covenant impartially to consider these things which followes.

1. That as Magistrates and their power is ordained of God, so are they
in the exercise thereof, not to walk according to their owne will,
but according to the Law of equity and righteousnesse, as being the
Ministers of GOD for the safety of his People; Therefore a boundles
and illimitted power is to be acknowledged in no King nor Magistrate;
Neither is Our King to be admitted to the exercise of his power as long
as he refuses to walk, in the Administration of the same, according to
this rule, and the established Laws of the Kingdom, that his Subjects
may live under him a quiet and peaceable life in all Godlinesse and
honestie.

2. There is ane mutuall Obligation and Stipulation betwixt the King
and his People; As both of them are tied to GOD, so each of them are
tied one to another for the performance of mutuall and reciprocal
duties: According to this, It is Statute and Ordained in the 8 Act
of the 1 Parliament of King James the 6, “That all Kings, Princes or
Magistrates whatsoever, halding their place, which hereafter shall
happen in any time to Raign and beare rule over this Realm, at the
time of their Coronation and receipt of their Princely Authority, make
their faithfull promise by Oath in the presence of the Eternall GOD,
that during the whole course of their lives, they shall serve the
same Eternall GOD to the utmost of their power, according as he hath
required in his most Holy Word contained in the Old and New Testament,
And according to the same Word, shall maintain the true Religion of
Christ Jesus, the Preaching of His most Holy Word, and due and right
ministration of His Sacraments now received and Preached within this
Realm, And shall abolish and gainstand all false religion contrary to
the same, And shall rule the people committed to their charge according
to the Will and Command of GOD revealed in his Word, and according to
the lovable Lawes and Constitutions received within this Realm, And
shall procure to the utmost of their power to the Kirk of God and the
whole Christian People, true and perfect peace in all time comming, And
that Justice and Equity be keeped to all creatures without exception.”
Which Oath was sworn, first by King James the 6, and afterwards by King
Charles at his Coronation, and is inserted in our Nationall Covenant,
which was approven by the King, who lately Reigned: As long therefore
as his Majesty who now Reignes, refuses to hearken to the just and
necessary desires of State and Kirk, propounded to his Majesty for
the Security of Religion, and safety of his People, and to engage and
oblige himself for the performance of his Duty to his People, It is
consonant to Scripture and reason and the Laws of the Kingdom, that
they should refuse to admit him to the exercise of his Government,
untill he give satisfaction in these things.

3. In the League and Covenant which hath been so solemnly sworn and
renewed by this Kingdom, the Dutie of defending and preserving the
Kings Majesties Person and Authority is joyned with and subordinat unto
the dutie of preserving and defending the true Religion and Liberties
of the Kingdoms: And therefore his Majestie standing in opposition
to the just and necessary publick desires concerning Religion and
Liberties, it were a manifest Breach of Covenant, and a preferring of
the Kings interest to the interest of Jesus Christ, to bring him to the
exercise of his Royal power, which he, walking in a contrary way, and
being compassed about with Malignant counsels, cannot but employ unto
the prejudice and ruin of both.

4. Was not an Arbitrary Government and unlimited power, the fountain
of most of all the Corruptions both in Kirk and State? And was it not
for restraint of this, and for their own just defence against Tyranny
and injust violence, which ordinarily is the fruit and effect of such
a power, that the Lords People did joyn in Covenant, and have been at
the expense of so much blood, pains and treasure these yeers past? And
if his Majestie should be admitted to the exercise of his Government
before satisfaction given, were it not to put in his hand that
Arbitrary Power, which we have upon just and necessary grounds been so
long withstanding, and so to abandon our former Principles, and betray
our Cause?

5. The King being averse from the Work of Reformation and the
instruments thereof, and compassed about with Malignant and disaffected
men, whom he hearkens unto as his most faithfull Counsellers, and
looks upon as his best and most Loyall subjects, We leave it to all
indifferent men to judge, whether his Majestie, being admitted to the
exercise of his Power before satisfaction given, would not by such
Counsells endeavour an overturning of the things which GOD hath wrought
amongst us, and labour to draw publick administrations concerning
Religion and the liberties of the Subject, unto that course and
channall in which they did run under Prelacie, and before the Work of
Reformation: Which we have the more cause to fear, because his Royall
Father did so often declare, that he conceived himself bound to employ
all the power that GOD should put in his hands to the utmost for these
ends; and that he adheres as yet to his Fathers Principles, and walkes
in his way, and hath made a Peace with the Irish Rebels, by which is
granted unto them the full liberty of Popery.

6. It is no strange nor new thing for Kingdoms to preserve Religion and
themselves from ruine, by putting restraint upon the exercise of the
power and Government of those who have refused to grant those things
that were necessary for the good of Religion and the Peoples safety;
There have bin many precedents of it in this and other nations of old,
and of late. Upon these and other important considerations, It shall be
the wisdom of every one who dwell in the Land, to take heed of such a
temptation and snare, that they be not accessory to any such designes
or endeavours, as they would not bring upon themselves, and upon their
families, the guilt of all the detriment that will undoubtedly follow
thereupon to Religion and the Covenant, and of all the miseries and
calamities that it will bring upon his Majesties Person and throne,
and upon these Kingdoms; Such a thing would in all appearance be the
undermining and shaking, if not the overthrowing and destroying of the
work of Reformation: And therefore whosoever attempt the same, oppose
themselves to the Cause of GOD, and will at last dash against the Rock
of the LORDS Power, which hath broken in pieces many high and lofty
ones since the beginning of this Work in these Kingdoms: And it is unto
us a sure Word of Promise, That whosoever shall associate themselves,
or take counsell together, or gird themselves against GOD and His Work,
shall be broken in pieces.

It is not onely joyning in Arms with the Malignant partie, that all
these who would keep their integritie has need to beware of, but also
subtill devices and designes, that are promoted by fair pretexts and
perswasions to draw men to dispense at least with some part of these
necessarie desires, that are propounded to his Majestie for securing
of Religion. After many turnings and devises the foundation of the
unlawfull Engagement was at last laid by his Majesties Concessions
in the year 1648. Wherein though many things seemed to be granted,
yet that was denied, without which Religion and the Union betwixt the
Kingdoms could not have been secured: And it is probable, that such a
way may be assayed again, and prosecuted with very much cunning and
skill to deceive and insnare the simple. It doth therefore concern all
ranks and conditions of persons to be the more warie and circumspect,
especially in that which concerns the Nationall Covenant, and the
Solemn League and Covenant, that before his Majestie be admitted to
the exercise of his Royall Power, that by and attour the Oath of
Coronation, he shall assure and declare by his Solemn Oath under his
hand and seal his allowance of the Nationall Covenant, and of the
Solemn League and Covenant, and obligation to prosecute the ends
thereof in his Station and Calling, and that he shall for himself and
his successours, consent and agree to Acts of Parliament, injoyning
the Solemn League and Covenant, and fully Establishing Presbyteriall
Government, the Directory of Worship, the Confession of Faith and
Catechisme, as they are approven by the Generall Assembly of this
Kirk and Parliament of this Kingdom, in all his Majesties Dominions,
and that he shall observe these in his own Practise and Familie, and
that he shall never make opposition to any of these, nor endeavour
any change thereof. Albeit the League and Covenant be despised by
that prevailing party in England, and the Work of Uniformity, thorow
the retardments and obstructions that have come in the way, be almost
forgotten by these Kingdoms; yet the obligation of that Covenant is
perpetuall, and all the duties contained therein are constantly to be
minded, and prosecuted by every one of us and our posterity, according
to their place and stations: And therefore we are no lesse zealously to
endeavour, that his Majestie may Establish, and swear, and subscribe
the same, then if it were unanimously regarded and stuck unto by alt
the Kingdom of England, for his Majestie swearing and subscribing the
League and Covenant, will much contribute for the Security of Religion,
his Majesties happinesse, and the Peace of his Kingdoms.

As it is incumbent to all, who live in this Kirk and Kingdom to
be watchful and circumspect, so it concerns these of the High and
Honourable Court of Parliament and their Committees, in a special
way to see to their duty, and to be straight and resolute in the
performance of the same; Their former proceedings is unto us a
sufficient evidence and ground of hope, that they will not be wanting
in any necessary testimony of dutie and Loyalty that they owe to the
King, by using all just and seasonable endeavoures for obtaining
satisfaction of his Majestie, that so he may be established upon his
Thrones; And we trust, that upon the other hand, the sence of their
obligation to God, and his Oath that is upon them, will make them
constantly to adhere to their former Principles, resolutions, and
desires concerning Religion and the Covenant, that reall satisfaction
may be had thereanent, before the King be put in the exercise of his
power; And that they will carefully provide for the safety of the
Kingdom, both in regard of intestine dangers, and in regard of invasion
from without: It is not long since they, together with the rest of the
Land, made solemn Publick Confession of Compliance with Malignants,
carnall confidence, following of self interests, and hearkening to
the Counsells of flesh and blood, And did in a speciall way engage
themselves to comply, and seek themselves and their own things no more,
to abandon the counsels of their own hearts, and not to rely upon the
Arm of flesh, and to purge Judicatories and Armies from Profane and
scandalous persons; And God forbid that they should so soon forget, or
neglect so necessary duties, and fall again unto so great and grievous
transgressions. We trust that they will seek the things of CHRIST, and
not their own things, that they will hearken to His Word, and not walk
in the imaginations of their own hearts, that they will relie upon
the Arm of the LORD, and not upon the arm of flesh, that they will be
wary and circumspect in decerning the dispositions and affections of
those whom they put in trust, and that, seeing this Kingdom hath so
much smarted, and been so often deceived by compliance with Malignants,
they will carefully avoid this snare, in regard of those who were
upon the former unlawfull Engagement, and be tender in bringing in of
such; And wee cannot but exhort them in the Name of the LORD, to take
notice of the Oppression of the People and Commons in the Land, by the
lawlesse exactions of Land-Lords, Collectours and Souldiers. We do not
justifie the murmurings and grudgings of those, who, preferring the
things of the world to the Gospel and things of Jesus Christ, repine at
necessary burthens, without which it is not possible that the Land can
be secured from invasion without and insurrection within, or the Cause
and People of GOD be defended from enemies: It is the duty of every one
who hath taken the Covenant, willingly and with a cheerfull minde to
bestow their means and their pains as they shall be called thereunto,
in an orderly way: Yet should these to whom God hath committed the
Government, take care that they be not needlessely burthened, and that
none grind their faces by oppression, not only by making of Lawes
against the same, but by searching out of the cause of the poor, and by
executing these Lawes timously upon these that oppresse them, that they
may find real redresse of their just grievances and complaints, and be
encouraged to bear those burthens which cannot be avoyded.

As the Parliament have begun, so we hope they will continue, to purge
out all these from trust, that are not of known integrity and affection
to the cause of God, and of a blamelesse and Christian conversation,
and that they and the Officers of the Army in their respective places,
will seriously mind, and speedily and resolutely goe about the removing
from the Army all malignant and scandalous persons, and also the
removing of Sectaries when any shall be found therein, that they may
give real evidence that they did not deal deceitfully with God, in the
day that they engaged themselves thereto.

Albeit wee hope and pray that those who beare charge in our Army,
will from the remembrance of the Lords goodnesse to them, and the
honour that he hath put upon them, endeavour to carry themselves
faithfully, and straightly; Yet it cannot be unseasonable to warn
them to take heed of tentations, and to beware of snares that they be
not drawn to indifferencle or neutrality in the cause of God, much
lesse unto connivance at, or compliance with the courses and designes
of malignants or Sectaries, but to stick closely by the same, and
to be zealous against all the enemies and adversaries thereof: And
it concerns souldiers to be content with their wages, and to doe
violence to no man, but as they are called unto the defence of the
cause and people of God, so to behave themselves in such a blamlesse
and Christian way, that their cariage may be a testimony to his cause,
and a comfort to his people; So shall our Armies prosper, and the Lord
shall goe out with them.

But most of all it concerns the Ministers of the Gospel whom God
hath called to give warning to his people to look to their duty; It
is undeniably true, that many of the evils wherewith this Kirk and
Kingdome hath been afflicted in our age, have come to passe because
of the negligence of some, and corruptions of others of the Ministry;
Whilest some fell asleep, and were carelesse, and others were covetous
and ambitious, the evil man brought in Prelacy, and the Ceremonies,
and had farre promoted the Service-Book, and the Book of Cannon; and
the course of backsliding and revolting was carried on, untill it
pleased God to stirre up the spirits of these few, who stood in the gap
to oppose and resist the same, and to begin the work of Reformation
in the Land; Since which time, the silence of some Ministers, and
compliance of others, hath had great influence upon the backsliding of
many amongst the people, who upon the discovery of the evill of their
way, complain that they got not warning, or that if they were warned
by some, others held their Peace, or did justifie them in the course
of their backsliding; We can look upon such Ministers no otherwise
then upon those that are guilty of the blood of the Lords people, and
with whom the Lord will reckon for all the breach of Covenant, and
defection that hath been in the Land. The priests lips should preserve
knowledge, and they should seek the law at his mouth, for he is the
messenger of the Lord of Hosts; But such are departed out of the way,
and hath caused many to stumble at the Law, therefore hath the Lord
made them contemtible and base before all the people, according as they
have not kept his wayes, but have been partiall in his law; Because
they have lost their favour, he hath cast out many of them as unsavoury
salt: But such as have been faithfull, as he hath preserved them from
the violence and fury of men, so hath he verified his word in their
mouths, both against his enemies, and concerning his people and his
work; And makes them see, though not all their desires concerning the
Gospel, and the work of God in the land, yet very much of the fruit
of their labour, by preserving the doctrine and all the ordinances of
Jesus Christ in their purity, and adding in some measure thereto the
power and life thereof. We doe therefore charge all the Ministers of
the land, before God and the Lord Jesus Christ, who shall judge the
quick and the dead at his appearing in his Kingdom, as in every thing
to be ensamples of a good conversation, and to walk without offence,
that the ministry be not blamed; So to take heed unto the flock over
which the Holy Ghost hath made them overseers, to declare unto them all
the Counsell of God, and to give them timous warning concerning every
danger and duty, and to hold forth unto them the solid grounds of reall
consolation, by which they may be encouraged and comforted in all their
trials and afflictions; that they may be free of the blood of all men,
and have this as a ground of rejoycing, even the testimony of their
consciences, that in simplicity and godly purenesse, not with fleshly
wisdome, but by the grace of God they have had their conversation
in the world, and have exhorted and comforted and charged every
one committed unto them as a Father doth his children. Especially,
Ministers are to be careful to be much in discovering the temptations,
and pressing the duties of the times, that these who are under their
charge may know what to avoid, and what to embrace and pursue: If all
the Watchmen in the Land shall give warning, and blow the Trumpet at
once, it shall not be easie for enemies to prey upon the people of God.
Wee know no cause why any whom God hath called to preach the Gospel,
should be afraid to speak boldly in the Name of the Lord; since God
hath given so manifest a testimony of his care and protection, in
preserving them, these yeers past, who have striven to be faithfull to
him who hath called them, from all the fury and malice of haters of
the work of God and of the Kingdom of his Sonne Jesus Christ, who hath
promised to be with his servants unto the end of the world.

Albeit the Land be involved in many difficulties, and compassed about
with great and iminent dangers, yet there is hope and ground of
consolation concerning this thing. The Lord is in the midst of us, and
we are called by his name, our eares hear the joyfull sound of the
Gospel, and our eyes see our Teachers; We behold the arm of the Lord
stretched out daily in working salvation for his people, and answering
their desires upon their enemies by terrible things in righteousnesse;
Although we be but few in number, yet the Lord of Hosts is with us, and
in the power of his strength we shall be able to prevaile; Although
our land be filled with sin, yet we have not been forsaken of the Lord
our God, but he hath alwayes had compassion upon us, and delivered us
in all our distresses; Although some of understanding fall, it is but
to try, and to purge and to make white even to the end, because it is
yet for a time appointed; Although many cleave to us by flatteries, yet
there be a remnant who keep their integrity, and the Lord shall doe
good to these that be good, but such as turn aside to crooked wayes,
shall be led forth with the workers of iniquity.

The Lords people in England and Ireland, who adhere to the cause
and Covenant, may be perplexed, but shall not despair; they may be
persecuted, but shall not be forsaken; they may be cast down, but shall
not be destroyed: And although uniformity, and the work of Reformation
in these lands, seem not only to be retarded, but almost pluckt up by
the roots, and the foundations thereof razed; Yet the seed wᶜʰ the
Lord hath sowen there, shall again take root downward, and bear fruit
upward; The zeal of the Lord of Hosts shall performe this.

       *       *       *       *       *

30 July, 1649. Ante Meridiem. Sess. XXX.

_Act concerning Catechising._

The Generall Assembly taking to their serious Consideration the great
darknesse and Ignorance, wherein a great part of this Kingdom lyeth,
together with the late Solemn Engagement, to use all means for remedy
thereof, doe ordaine every Minister with assistance of the Elders
of their severall Kirk sessions to take course, that in every house
where there is any who can read, there be at least one Copie of the
Shorter and Larger Catechisme, Confession of Faith and Directorie for
Familie-worship. And doe renew the Act of the Assemblie August 30,
1639, for a day of weeklie Catechising, to be Constantly observed
in every Kirk, And that every Minister so Order their Catethetick
Questions, as thereby the People, (who doe not conveen all at one time
but by turns unto that exercise) may at every dyet have the chief
heads of saving knowledge in a short view presented unto them, And the
Assembly considering that notwithstanding of their former Act, these
dyets of weekly Catechising are much slighted and neglected by many
Ministers throughout this Kingdome, Doe therefore Appoint and Ordaine
every Presbytery, to take triall of all the ministers within their
bounds once at least in the halfe year, whither they be carefull to
keep weekly dyets of Catechising: And if they shall finde any of their
number negligent herein they shall admonish for the first fault, and
if after such admonition they shall not amend, The Presbyterie for the
second fault shall rebuke them sharply, and if after such rebuke they
doe not yet amend, they shall be suspended.

       *       *       *       *       *

4 Aug., 1649. Ante Meridiem. Sess. XL.

_Commission for Publick Affaires._

The General Assemblie Considering how necessary it is for preservation
of Religion in this Kingdom, and procecution of the work of uniformity
in all his Majesties dominions, That the Commissions formerly granted
to that effect be renewed: Therefore they doe renew the power and
Commission granted for the Publick affairs of the Kirk by the Generall
Assemblies held at Saint Andros 1642, and at Edinburgh, 1643, 1644,
1645, 1646, 1647, and 1648, unto the persons following, viz. Master
Alex. Rollock, John Murray, Thomas Lundie, John Freebairne, Geo.
Murray, Harie Livingston, William Major, Hew Henderson, Samuel Austine,
Mr Gavin Young, David Laing, William Maxwell, John Maccleland, James
Erving, Robert Ferguson, John Scot, Thomas Wylie, Hew Eccles, John
Bell, Iohn Nevoy, William Gutherie, Iohn Hammiltoun, Hew Peebles,
Alex. Douglas, Harie Semple, David Dickson, Pat. Gillispie, James
Durham, Robert Bailie, William Hammiltoun, Francis Aird, Iames Nasmith,
Richard Inglis, William Summervale, Evan Cameron, Robert Blare, Samuel
Rutherfoord, Iames Wood, Iohn Macgill Elder, Alex. Balfoure, William
Roe, Iohn Moncreife, Fredrick Carmichaell, Herie Wilke, William
Oliphant, George Pitillo, Iohn Robeson, Iames Thomsone, William Rate,
Da. Campbell, Andro Cant, Jo. Menzes, Andro Abercromby, Robert Sheyn,
William Forbes, Iohn Paterson, Duncan Forbes, William Chalmers, Iohn
Annand, William Falconer, Murdoch Mackenzie, Robert Jameson, Gilbert
Marshell, Jo. Dallase, Wil. Smyth, Robert Hume, Tho. Suintoun, Iames
Stratoun, Jo. Douglass, Iames Gutherie, Tho. Donaldson, Will. Iameson,
Iohn Livingstoun, Iohn Scot, Andro Dunkeson, Iohn Dalzell, Arthur
Forbes, Iames Fleming, Iames Robison, Hew Campbel, Robert Douglasse,
Mungo Law, George Leslie, John Adamson, James Hammiltoun, Iohn Smyth,
Hew Mackell, Geo. Hutchison, Patrick Fleming, John Hay, Ephraim
Melvill, John Roe, Gilbert Hall, George Benet, Kenneth Cogie, Iohn
Crafurd, _Ministers_: Archbald Marquesse of Argyle, E. of Sutherland,
Alex. E. of Eglintoun, Iohn E. of Cassels, Will. E. of Lothian, the
Viscount of Arbuthnet, David L. Elcho, ______ Lo. Brichen, Rob. Lo.
Burly, Iames Lo. Couper, Sir Archbald Johnstoun of Waristoun _Clerk
Register_, Sir Daniel Carmichael _Thesaurer Depute_, Sir John Hope
of Craighall, Mr George Winraham of Libbertoun, Mr Alex. Person of
Southhall, Brodie of that ilk, _four of the ordinary Lords of the
Session_, Arthur Ersken of Scotscrage, Laird of Wauchtoun, Sir David
Hume of Wedderburne, Laird of Edzell, Laird of Nidrie, Sir William Scot
of Harden, Laird of Greenheid, Laird of Freeland, Laird of Cesnock,
Sr. Iames Stewart of Kirkfield, the Laird of Suintoun younger, Laird
of Eight, Sir Iames Fraser, Sir Thomas Ker, Laird of Fernie, Sir Rob.
Adair, Sheriff of Tiviotdail younger, Tutor of Pitsligo, Sir Iohn
Chiesly, Laird of Englistoun, Laird of Leslie younger, La. of Dunbeth,
La. of Watertoun, Sir Io. Smyth, Mr Alex. Colvill of Blair, Whitbank
younger, La. of Grenock, Galloshiels younger, Buchchantie, Crachlaw,
Cloberhil, Dalserfe, Mr Robert Burnet younger, Mr Tho. Murray, Iames
Eleis, Laird Kennedie, Alex. Iaffray, Iames Sword, George Porterfeild,
Mr Rob. Barclay, Hew Kennedey, Will. Glendoning, Thomas Macbirnie,
Rob. Lockart, Mr Iames Campbel, Iohn Carsane, Iohn Boswell, Alex.
Douglasse, Mr Alex. Skeen, William Broun, _Elders_; Giving unto them
full Power and Commission to do all and every thing for preservation of
the Established Doctrine, Discipline, Worship and Government in this
Kirk, against all who shall endeavour to introduce any thing contrarie
thereunto; And for prosecuting, advancing, perfecting and bringing the
works of uniformitie in Religion in all his Majesties dominions to a
happy conclusion conform to the former Commissions granted by preceding
Assemblies thereanent.

And to that effect appoints them or any nineteen of them whereof 13
shall be Ministers, to meet in this Citie to morrow the 7 of this
instant, and thereafter upon the second Wednesday of Novemb. February
and May next, and upon any other day, and in any other place they shall
think fit: Giving also unto them full power, to send Commissioners to
the Kingdom of England, for prosecuting the Treatie of Uniformitie as
they shall find conveniencie, and to give instructions and Commissions
to that effect conform to former Commissiones granted hereanent:
And Likewise in case delinquents have no constant residence in any
one Presbyterie, or if Presbyteries be negligent or overawed, in
these cases The Assembly gives to the persons before named power of
censuring Compliers and persons disaffected to the Covenant, according
to the Acts of the Assembly, Declaring alwayes and providing, that
Ministers shall not be Deposed, but in one of the quarterlie meetings
of this Commission; And further authorizes them as formerlie, with
full power to make Supplications, Remonstrances, Declarations and
Warnings, to Indict Fasts and Thanksgivings as there shall be cause,
to protest against all encroachments upon the Liberties of the Kirk,
and to Censure all such as Interrupt this Commission or any other
Church Judicatorie, or the execution of their Censures, or of any
other sentences or Acts Issuing from them; And with full power to
them to Treat and Determine in the Matters referred unto them by
this Assemblie, as fullie and freelie as if the same were here fully
expressed, and with as ample power as anie Commission of anie former
Generall Assemblies hath had or been in use of before: Declaring also
that all opposers of the Authoritie of this Commission in matters
intrusted to them, shall be holden as opposers of the Authoritie of the
General Assemblie, and this Commission in their whole Proceedings are
Comptable to and Censurable by the next General Assemblie.

       *       *       *       *       *

_Directorie for Election of Ministers._

When any Place of the Ministrie in a Congregation is vacant, it
is Incumbent to the Presbyterie with all diligence to send one of
their number to Preach to that Congregation who in his doctrine is
to represent to them the necessitie of providing the place with a
qualified pastor, and to exhort them to fervent prayer and supplication
to the Lord that he would send them a Pastor according to his own
heart: As also he is to signifie that the Presbyterie out of their care
of that Flock will send unto them Preachers, whom they may hear, and if
they have a desire to hear any other, they will endeavour to procure
them an hearing of that person or persones upon the sute of the Elders
to the Presbyterie.

2. Within some competent time thereafter, the Presbyterie is again to
send one or more of their number to the said vacant Congregation, on
a certain day appoynted before for that effect, who are to conveen
and hear sermon the foresaid day; which being ended, and Intimation
being made by the Minister, that they are to goe about the Election
of a pastor for that Congregation, the Session of the Congregation
shall meet and proceed to the Election, the action being moderated
by him that Preached; And if the people shall upon the intimation of
the Person agreed upon by the Session acquiesce and consent to the
said person, Then the matter being reported to the Presbyterie by
Commissioners sent from the session, they are to proceed to the triall
of the person thus Elected, And finding him qualified, to admit him to
the Ministry in the said Congregation.

3. But if it happen that the Major part of the Congregation dissent
from the person agreed upon by the Session, In that case the matter
shall be brought unto the Presbyterie, who shall Judge of the same;
And if they doe not find their Dissent to be grounded on Causlesse
prejudices, they are to appoynt a new Election in manner above
specified.

4. But if a lesser party of the Session or Congregation shew their
dissent from the Election without exceptions relevant and verefied to
the Presbyterie, Notwithstanding thereof the Presbyterie shall go on
to the trials and ordination of the person elected; yet all possible
diligence and tendernesse must be used to bring all parties to an
harmonious agreement.

5. It is to be understood that no person under the Censure of the Kirk
because of any scandalous offence is to be admitted to have hand in the
election of a Minister.

6. Where the Congregation is disaffected and Malignant, in that case
the Presbyterie is to provide them with a Minister.

       *       *       *       *       *

6. Aug., 1649. Ante Meridiem. Sess. Ult.

  _A Brotherly Exhortation from the General Assembly of the Church of
  Scotland, to their Brethren in England._

The many and great obligations which lie upon us in reference to our
Brethren in England, who hold fast their integrity, and adhere to the
Solemn League and Covenant, together with the desire which we have to
testifie our Sympathie with them in their afflictions, and to preserve
so far as in us lieth that fellowship and correspondence that hath been
entertained betwixt the Church of Scotland and England these years
past, do call upon us and constrain us not to be silent in this day of
their trouble and distress.

Albeit the Lord (who hath his fire in Zion, and his furnace in
Jerusalem) hath now for a long time past, afflicted these Kingdoms with
many and sharp rods, and that his wrath seems not yet to be turned
away, but his hand stretched out still; yet in all this, it becomes us
who live in these Lands to stop our mouthes, neither can any impute
iniquity to the most High.

It is rather a wonder, that any mercy should be continued, and that
England and Scotland are not cut off from being Nations, seeing the
back-slidings and provocations of both has been so many and so grosse;
Although the Solemn League and Covenant was sworne and subscribed by
both, yet have many in both despised the Oath of GOD, as appears by the
late unlawfull Engagement against the Kingdom of England, contrived and
carried on by a prevailing party of Malignants in this Land, and by the
proceedings of the Sectaries in England, in reference to Religion and
Government.

We shall not insist upon what hath been the condition and carriage
of the Lords People in this Land in reference to the late unlawfull
Engagement: As we desire to magnifie the power and loveing kindenesse
of the Lord, who enabled all the Judicatures of this Church, and a
considerable part of the Parliament, and the body of the Land, to
dissent from, and bear Testimony against the same, which made the House
of Commons in their Letter directed to the last General Assembly or
their Commissioners, to declare, that that Engagement could not be
looked on as a Nationall breach; So we look upon it as a wonder of his
Wisdom and Mercy, that he hath disposed and directed the same for the
furtherance of his Work in our hand, and purging his House amongst
us. All this cometh forth from the Lord of Hosts, who is wonderful in
Counsel and Excellent in Working. Neither was it the least part of the
Lords goodnesse to us, in that day of our strait that we were led in a
plain path, and kept from compliance with Sectaries on the one hand,
no less than with Malignants on the other. We have obtained this mercy
to be steadfast to our old principles, in bearing free and faithfull
Testimony against their proceedings, both in reference to Toleration
and Government, and the taking away of the Kings life.

And as the danger and judgement which threatens the Authors and
Abettors of these things, doth affect our Spirits with horrour, and
maketh us desire that it may be given to them of God to repent: So we
should conceive our selves void of Christian affection and compassion
toward those in England, who suffer for the truth and Cause of God, if
we were not very sensible of all their present troubles and calamities.
It is no small grief to us, that the Gospel and Government of Jesus
Christ are so despised in that Land that faithfull Preachers are
persecuted and cryed down, that Toleration is established by pretext
of Law, and maintained by Military power, and that the Covenant is
abolished and buried in oblivion. All which proceedings, cannot but be
looked upon as directly contrary to the Oath of God lying upon us, and
therefore cannot eschew his Wrath when he shall come in Judgement, _to
be a swift witnesse against those that swear falsly by his Name_.

These things are the more grievous to us, because (beside many other
wofull evils brought forth by them) they have interrupted the building
of the Lords House in England; the foundation whereof was laid by Oath
and Covenant with the most High God, and followed for some years with
many Declarations and Protestations of Faithfull adhering thereto, and
with great expense of blood and Treasure: Which things were to all the
godly in these Nations a branch of hope, that the Lord would bring to
perfection the Work of Uniformity (so far advanced in all the parts
thereof) in these three Kingdoms.

But the great obstructions and sad interruptions that have been made
therein, by the strange and unexpected practises of many now in place
and power in England, are to all the welaffected in both Kingdoms, and
in all the Churches abroad, the matter of their sorrow and humiliation.
And if there be any place left for admonition, we Warn such as have
forgotten the Covenant, and despised the Oath of God, and turned
aside to lies and errour, to consider whence they are fallen, and to
repent. Prosperity and success for a time are no warrantable evidences
of a good Cause, nor sufficient guards against the wrath of God;
It is no good use of the Lords mercy for such men under pretext of
Liberty to make both themselves and others slaves to corruption, and
to make all men both in Church and State like the fishes of the Sea,
or the creeping things that have no Ruler over them. Are these things
according to the Word of God, and the pattern of the best Reformed
Churches? Or is that the endeavour to bring the three Kingdoms to
the nearest uniformity that may be in Doctrine, Worship, Government,
and Discipline; Or is that the maintaining of the union betwixt the
three Kingdomes, when the straitest bond thereof is utterly dissolved
and quite taken away, and the fundamentall Government by King and
Parliament wholly overturned? The just God who is of pure eyes beholds
these things, and shall with no lesse fury and indignation break the
horn of these men, then he hath broken the power, and brought down the
pride of Malignants before them, if repentance prevent not.

Amidst those fears and griefes, it is unto us matter of rejoycing,
that there be many in England who mourn for all these abominations,
and labour to keep their garments pure by refusing to comply with that
course of backsliding, and by bearing testimony against the same. And
we hope the expectation of such, shall not be disappointed, but that
the Lord will open to them a doore of hope for carrying on of his work,
and making the lying spirit to passe out of that land.

And albeit many think no otherwise of the Covenant and work of
Reformation, then as a mean to further their own ends; yet we are
confident, that none who holds fast their integrity, have so learned
Christ, but are carefull to make conscience of the oath of God lying on
them; And we are sure (whatever be the base thoughts and expressions
of backsliders from the Covenant) it wants not many to own it in these
Kingdomes, who (being called thereto) would seale the same with their
blood.

Although there were none in the one Kingdome who did adhere to the
Covenant, yet thereby were not the other Kingdom nor any person in
either of them absolved from the bond thereof, since in it we have not
only sworne by the Lord, but also covenanted with him. It is not the
failing of one or more that can absolve others from their duty or tye
to him; Besides, the duties therein contained, being in themselves
lawfull, and the grounds of our tye thereunto moral, though others
do forget their duty, yet doth not their defection free us from that
obligation which lyes upon us by the Covenant in our places and
stations. And the Covenant being intended and entred into by these
Kingdoms, as one of the best means of stedfastnesse, for guarding
against declining times; It were strange to say that the back-sliding
of any should absolve others from the tye thereof, especially seeing
our engagement therein is not only nationall, but also personall, every
one with uplifted hands swearing by himselfe, as it is evident by the
tennor of the Covenant.

From these and other important reasons, it may appear that all these
Kingdomes joyning together to abolish that oath by law, yet could they
not dispense therewith; Much lesse can any one of them, or any part in
either of them doe the same. The dispensing with oathes hath hitherto
been abhorred as Antichristian, and never practised and avowed by any,
but by that man of sin; therefore those who take the same upon them, as
they joyn with him in his sin, so must they expect to partake of his
plagues.

As we shall ever (God willing) be mindfull of our duty to the faithfull
that adhere to the Covenant in England, having them alwayes in our
hearts before the Lord, so we desire to be refreshed with their
singlenesse and boldnesse in the cause of God, according to their
places. This is the time of their triall, and the houre of tentation
among them; blessed shall they be who shall be found following the
Lamb, and shall not be ashamed of his testimony. We know in such dark
houres, many are drawne away with the multitude, whom the Lord will
again purge and make white; And we doubt not but many such are in
England, whom the bold and clear preaching of Christ may reclaim; Much
therefore lieth upon the Watch-men at this time, that their Trumpet may
give a certain and distinct sound, warning and exhorting every one,
as those that must give account; And blessed shall those servants be,
who shall be found faithfull in their Lords house, distributing to his
houshold what is meet for this season, and can say they are free of
the blood of all men, having shewen them the whole Counsell of God,
being in nothing terrified of the threats of their adversaries; And
blessed and happy shall that people be, that walk in the light holden
forth by them, and staye upon the Lord in this dark time, harkning
to the voyce of his servants, and walking in the light of his word
and not in the sparks of their owne kindlings, which will end in
sorrow. How inexcusable will England be, having so foulie revolted
against so many faire testimonies, which the Lord Christ hath entred
as Protestations to preserve his right, in these ends of the earth
long since given unto him for his possession, and of late confirmed by
Solemne Covenant. Christs right to these Kingdomes is surer then that
he should be pleaded out of it by pretended liberty of Conscience, and
his begun possession is more pretious to him, then to be satisfied
with a dishonourable toleration. All that yet we have seen, doth not
weaken our confidence of the Lords glorifying the house of his glory
in these lands, and of his sonnes taking unto him his great power, and
reigning in the beauty and power of his Ordinances in this Island. His
name is wonderfull, and so also are his workes, we ought not therefore
to square them according to our line, but leave them to him, who hath
the government laid upon his shoulder, all whose wayes are judgement,
and whose ruling these Kingdoms had never yet reason to decline. It is
good for us to [be] stedfast in our duty, and therein quietly to wait
and hope for the salvation of God. The word of promise is sure, (and
hath an appointed time) that he that will come shall come and will
not tarry. There is none hath cause to distrust the Lords word to his
people; It hath often to our experience been tryed in the fire, and
hath ever come forth with a more glorious lustre. Let not therefore
these that suffer in England cast away their confidence, they are not
the first who have needed patience after that they had done the Lords
will. But let them strengthen the weak hands, and confirm the feeble
knees, and say to the fearfull in heart, be strong, fear not, behold
your God will come with vengeance, even God with a recompence, he will
come and save you. Now the just shall live by faith, whereas these
that draweth back, or become lukewarm in the Lords work, his soul
shall ahhorre them, and he shall spue them out of his mouth. But we
perswade our selves of better things of these our brethren in England,
and prayeth that the God of Peace who brought again from the dead our
Lord Jesus, that great Shepheard of the sheep, through the blood of
the everlasting Covenant, may make them perfect in every good work to
doe his will, working in them that which is well-pleasing in his sight
through Jesus Christ, to whom be Glory for ever. AMEN.

       *       *       *       *       *

_Act for a Collection for entertaining High-land Boyes at Schooles._

The Generall Assembly Considering that the contribution of fourty
shillings for entertaining of Highland boyes at Schools, in respect
of the penury and great indigence of those parts hath not taken
the intended effect, Therefore in respect of the necessity and
profitablenesse of so pious a Work The Assembly in lieu of the said
fourty shillings Do Appoint and Ordain that there be an extraordinary
collection at the Kirk doors for that use one Sabbath in the year: And
to that effect, that a certain Sabbath yearly be appointed and designed
whereupon that collection shall be gathered, intimation being made by
the Minister the Sabbath before to prepare for such a collection, and
the necessity and usefulnesse thereof being laid out to the people for
that end. And if the collection in any little private Congregation
shall be lesse then fourty shillings, The Session shall make up what
wants of fourty shillings; And where the collection is more, it is
hereby specially inhibited and discharged that any part thereof be
retained or interverted to any other use whatsomever; And these
Collections shall be sent to the persons formerly appointed to receive
the fourty shillings, that they may see the right distribution and
employment thereof; Recommending to Presbyteries to see this punctually
performed. And accompt thereof shall be craved at Synods and Generall
Assemblies. It is alwayes to be remembred that the Congregations
exeemed from the fourty shillings are also exeemed from this Collection.

       *       *       *       *       *

  _Commission for a conference of Ministers, Lawyers and Physitians,
  Concerning the tryal and punishment of Witchcraft, Charming and
  Consulting._

The Generall Assembly Taking to their serious consideration the growth
of the sins of Witchcraft, Charming and Consulting, notwithstanding
the frequent Recommendations for restraining thereof; And remembring
that the Generall Assembly 1647, did propose A good way for the tryall
and punishment of these sinnes, by appointing conferences with some
Ministers, Lawyers and Physitians in that matter which hath never
yet taken effect; Therefore the Assembly doth Appoint Masters Robert
Dowglas, Robert Blair, Mungo Law, James Hammilton, John Smith, Robert
Traill, George Leslie, John Hamilton, John Duncan, Samuel Rutherfoord,
James Wood, John Leviston, James Guthrie, Andro Cant, David Calderwood,
John Moncreiff, Frederick Carmichael, James Durhame, Patrick Gillespie,
Robert Ker, Ephraim Melvill, _Ministers_ To consider seriously of
that matter, And to consult and advise therein amongst themselves,
As also with Sir Archbald Johnston of Wariston _Clerk Register_, Mr
Thomas Nicolson _his Majesties Advocate_, Mr Alex. Peirson, one of the
ordinary _Lords of Session_, Sir Lewes Stewart, Mr Alex. Colvill, and
Mr James Robertson, _Justice Deputes_, Mrs Rodger Mowet, John Gilmoir,
and John Nisbet, _Lawers_; and with Doctors Sibbald, Cunninghame, and
Purves, _Physitians_, severally or together as occasion shall offer;
And the Assembly earnestly requests and confidently expects from these
learned and judicious Lawyers and Physitians beforenamed, their best
endeavours and concurrence with their brethren of the Ministrie for
advise and counsell herein, and for conference in the said matter;
And Ordaine the said brethren to make report of the result of their
consultations and conferences from time to time as they make any
considerable progresse to the Commission for publick affairs, And the
said Commission shall make report to the next Generall Assembly.


_Recommendation for maintenance of Schoolmasters and Precenters._

The Generall Assembly doe humbly Recommend to the Parliament or
Committee for plantation of Churches, that whatever either in Paroches
of Burghs or Landwart, was formerly given to the maintenance of these
who were readers precentors in Congregations, and teachers of Schooles
before the establishing of the Directory for publick Worship, may not
be in whole or in part alienat or taken away, but be reserved for the
maintenance of sufficient schoolmasters and precentors who are to be
approven by the Presbyterie; And Presbyteries are hereby required to
see that none of that maintenance given to the foresaid uses or in
use to be payed thereunto before the establishing of the Directory of
Worship, be drawn away from the Church.

       *       *       *       *       *

_Act concerning persons to be admitted Bursars._

The Assembly doe hereby Ordaine That none be sent to Universities
from Presbyteries, nor be admitted as Bursars of divinitie, but pious
youths, and such as are known to be of Good expectation and approven
abilities.

       *       *       *       *       *

  _Reference to the Commission for publick affaires, for re-examining
  the Paraphrase of the Psalmes, and emitting the same for publicke
  use._

The Generall Assembly Having taken some view of the new Paraphrase
of the Psalmes in meetter with the corrections and animadversions
thereupon sent from severall persons and Presbyteries, And finding that
they cannot overtake the review and examination of the whole in this
Assembly; Therefore now after so much time and so great paines about
the correcting, and examining thereof from time to time some yeares
bygone, that the worke may come now to some conclusion, They do Ordain
the Brethren appointed for perusing the same during the meeting of
this Assembly, viz. Masters James Hammiltoun, John Smith, Hew Mackail,
Robert Traill, George Hutcheson and Robert Lowrie, after the dissolving
of this Assembly to goe on in that worke carefully, And to report their
travels to the Commission of the Generall Assembly for publick affaires
at their meeting at Edinburgh in November; And the said Commission
after perusall and re-examination thereof, is hereby authorized with
full power to conclude and establish the Paraphrase, and to publish and
emit the same for publick use.

       *       *       *       *       *

_Letter to the Kings Majestie._

MOST GRACIOUS SOVERAIGNE,

  Wee your Majesties most humble and Loyall Subjects, the Commissioners
  from all the Presbyteries in this your Majesties ancient Kingdome,
  and members of this present Nationall Assembly, Having expected to
  finde at our meeting, a gracious and Satisfactory returne to those
  humble representations made to your Majestie at the Hague, by the
  Commissioners of this Kirk, Cannot but expresse our great sorrow and
  griefe, that your Majesties goodnes has been so far abused, As that
  not only the just and necessary desires presented by them to your
  Majestie, which so much concerne the glory of God, your owne honours
  and happinesse, the peace and safety of your Kingdomes, are utterly
  frustrated, as wee perceive by the paper delivered in answer to them:
  but also this Assembly hath not received so much as any signification
  by letter of your Majesties minde: Which princely condescension had
  not wont to be wanting in your royall Father, to former Generall
  Assemblyes, even in times of greatest distance. Our witnesse is in
  heaven, and record on high, that wee are not conscious to our Selves
  of any undutifull thought or disloyall affection, that might have
  procured this at your Majesties hands; And that, as wee doe from
  our hearts abominate and detest that horrid fact of the Sectaryes
  against the life of your Royall Father our late Soveraigne, So it
  is the unfained and earnest desire of our soules, that the Ancient
  Monarchicall government of these Kingdoms, may be established and
  flourish in your Majesties person all the dayes of your life, and
  be continued in your royal Family which by divine providence hath
  without interruption raigned over us and our predecessors for so
  many Generations since the time that we were a Kingdom, And that
  there is nothing under the glory of God, and cause of our Lord Jesus
  Christ, for which wee doe more heartily solicite the throne of
  grace, Or would more readily expose unto hazard all that is deare
  to us in the world, then for this. And now though this very great
  discouragement might incline us to hold our peace at this time; Yet
  the tendernesse and uprightnesse of our affection and Love to your
  Majesties happinesse (which many waters cannot quench) together with
  the Conscience of our duty which our Lord and Master has laid upon
  us, in this our place and station, constraineth us, yea, and your
  Majesties owne goodnesse and gracious disposition, whereof the late
  Commissioners have given us so Large a testimony, Doth much encourage
  us, to renew our addresses to your Majestie in this humble faithfull
  representation, both of the great and growing dangers to your Royall
  person and Throne, and of these duties, which the Lord of Lords and
  King of Kings, call for from you, as you would look to finde favour
  in his eyes, and to be delivered out of your deepe distresses.

  Our hearts are filled with fears and troubles, in your Majesties
  behalf, when we look upon the sad calamities which have been already
  produced by such wayes and courses, as we perceive your Majestie is
  entred, and in danger to be further led away into, by the prevalency
  of evill Councell upon your tender age; Particularly, Your refusing
  to give satisfaction to the just and necessary desires of the people
  of God, for advancing the work of reformation of Religion, and
  establishing and securing the same in your Majesties Dominions, which
  is nothing else, but to oppose the Kingdome of the Sonne of God, by
  whom Kings doe raigne, and to refuse that hee should raigne over you
  and your Kingdomes in his pure Ordinances of Church government and
  Worship; Your cleaving unto these men as your trustiest Counsellors,
  who, as they have never had the glory of God, nor good of his
  people before their eyes, so now in all their wayes and Counsels,
  are seeking nothing but their owne interests, to the hazard of the
  utter subversion of your Throne, the ruine of your Royall Family,
  and the desolation of your Kingdomes; Your owning the practises, and
  intertaining the Person of that flagicious man, and most justly
  excommunicate Rebell, James Graham, who has exercised such horrid
  cruelty upon your best Subjects in this Kingdom, which cannot but
  bring upon your Throne, the guiltinesse of all the innocent blood
  shed by him and his Complices; and above all, that, which we cannot
  think upon without trembling of heart and horrour of spirit, Your
  setling of late such a Peace with the Irish Papists the Murderers of
  so many thousands of your Protestant Subjects, whereby not only they
  are owned as your good Loyall Subjects, but also there is granted
  unto them (contrary to the Standing Lawes of your Royall Progenitors,
  contrary to the commandment of the most high God, and to the high
  contempt and dishonor of his Majestie, and evident danger of the
  Protestant Religion) a full liberty of their abominable Idolatry;
  which cannot be otherwise judged, but a giving of your Royal power
  and strength unto the beast, and an accession to all that blood of
  your good Subjects, wherewith those Sonnes of Babell have made that
  Land to swim.

  We do in all humility beseech your Majestie to consider and lay
  to heart what the mouth of the Lord of Hosts hath spoken of all
  the accompts of People, Nations, Kings, and Rulers against the
  Kingdom of his Son, that they imagine a vaine thing and that he that
  sitteth in heaven will have them in dirision and vex them in his
  sore displeasure. Consider, how he hath blasted and turned upside
  downe these yeares by past, all the devices and plots of those men
  that now beare the Swey in your Majesties Counsels: Consider how
  the anger of God has been kindled, even against his dearest Saints,
  when they have joyned themselves to such men as he hateth and has
  cursed: Consider, how severely hee hath threatned and punished
  such Kings as have associate with Idolaters, and leaned unto their
  helps. Surely great is the wrath of God, whereof you are in danger;
  And yet the Lord in the riches of his goodnesse, forbearance and
  long suffering, is waiting to be gracious to your Majestie; To day
  if ye will heare his voice, harden not your heart, but humble your
  self under the mighty hand of God, lamenting after him as, for the
  iniquities of your Fathers house, especially the opposition against
  the reformation of Religion and Cause of God, the permitting and
  practising Antichristian Idolatry in the Royall Family it self, and
  the shedding of so much blood of the people of God, so also, for
  your owne entering to walke in the like courses in the beginning
  of your raign. It is high time to fall downe before the Throne of
  grace, seeking to get your peace made with God through Jesus Christ
  whose blood is able to wash away all your sins, To walk no longer in
  the Councel of the ungodly, nor cleave to such as seeke their own
  things and not the things of Jesus Christ, nor the welfare of your
  Subjects and Government, but to set your eyes upon the faithfull in
  your dominions, that such may dwell with you, and be the men of your
  Councells, To serve the Lord in feare, and kisse the Sonne of God,
  by a sincere and cordiall contributing your Royall allowance and
  authority, for establishing in all your dominions the reformation of
  Religion, in Doctrine, Worship, and Government as it is now agreed
  upon according to the cleare and evident warrant of the word of
  God, by the Assembly of Divines at Westminster, and the Generall
  Assemblies of this Church; And also, laying aside that service book,
  which is so stuffed with Romish corruptions, And conforming your
  owne practise and the worship of God in your Royall Family, to that
  Gospell simplicity and purity which is holden forth from the word
  of God, in the Directory of worship, and not only to grant your
  Royall approbation to the Covenant of these three Kingdomes (without
  which, your people can never have from you sufficient security,
  either for Religion, or their just liberties) but also your selfe
  to joyne with your people therein as the greatest security under
  Heaven for your person and just greatness, and to cause all of them
  stand to it by your Royall Command, according to the practice of
  that gracious King Josiah, to whom, wee wish your Majestie in these
  your younger yeares, and this begining of your reigne, to look as
  to an ensample and Kingly portract approven of God. These things
  if your Majestie do; As wee are well assured, that the hearts of
  all your good Subjects in these Kingdomes will be enlarged with all
  cheerfulnesse to imbrace your person, and submit unto your Royall
  Government, so wee darre promise in the Name of our Lord, that you
  shall finde favour with God, peace and joy unspeakable and full of
  glory to your Soule, and deliverance out of your sad afflictions and
  deep distresses in due time: But if your Majestie shall go on in
  refusing to hearken to wholesome Councels; We must for the discharge
  of our Conscience tell your Majestie in the humility and griefe of
  our hearts, that the Lords anger is not turned away, but his hand
  stretched out still against you and your Family. But wee hope, and
  shall with all earnestnesse and constancy pray for better things
  from, and to your Majestie: And whatsoever misconstruction (by the
  malice of those that desire not a right understanding and cordiall
  conjunction between your Majestie and this Kirk and Kingdome) may be
  put upon our declaration; Yet wee have the Lord to be our witnesse,
  that our purpose and intention therein is no other, but to warne and
  keepe the people of God committed to our care, that they runne not
  to any course which would bring upon themselves the guilt of highest
  perjury and breach of Covenant with God, and could not but prove most
  dangerous to your Majestie and your Government, and involve you in
  shedding the blood of those who are most desirous to preserve your
  Majesties Person, and just right in all your dominions. And now wee
  doe with all earnestnes beseech your Majestie, that you will follow
  the courses of truth and peace; And that when there is a doore opened
  for your Majestie to enter to your Royall Government over us, in
  peace, with the favour of God, and cordiall Love and imbracings of
  all your good Subjects, You will not suffer your selfe to be so farre
  abused and misled by the Councels of men, who delight in War, as to
  take a way of violence and blood, which cannot but provoke the most
  high against your Majestie, and alienat from you the hearts of your
  best Subjects, who desire nothing more, than that your Majestie may
  have a long and happy raign over them, And that they may live under
  you, a peaceable and quiet life, in all Godlinesse and honesty.

  Your Majesties   most   Loyal   Subjects   and
  humble servants the Ministers and Elders
  conveened in this Nationall Assembly of the
  Kirk of Scotland.

  Edinburgh, 6 August, 1649.

       *       *       *       *       *

The Generall Assembly not having now time to consider the Reference
of preceding Assemblies, and the most part of Presbyteries not having
sent their opinions in writ; Therefore do yet againe recommend to
Presbyteries and Provincial Assemblies to consider all matters referred
by this or by any former Assemblies, And to send their opinions
therein in writ to the next Generall Assembly.

       *       *       *       *       *

The meeting of the next Generall Assembly is hereby appointed to be at
Edinburgh, the second Wednesday of July, 1650.

A. KER.


INDEX _of the_ UNPRINTED ACTS _of the_ ASSEMBLY, 1649.

1.—Election of Mr Robert Douglas, Moderator. _Sess._ 1.

2.—Act concerning the Commission from Ireland. _Ib._

3.—Committee for Refers and Appeals. _Sess._ 2.

4.—Committee for Bills and Overtures. _Ib._

5.—Committee for publick business. _Ib._

6.—Committee for tryall of the Synod Books. _Ib._

7.—Committee for tryall of the proceedings of the Commissioners of the
Generall Assembly. _Ib._

8.—Renovation of the Commission for visiting University of Saint
Andrews. _Ib._

9.—Recom. Gedeon Morise to the Committee of Estates. _Ib._

10.—Order for speaking the Earl of Abercorne for payment of the bygone
stipends of Kilpatrick. _Ib._

11.—Recom. bussines of Ireland to the Committee for publick bussines.
_Sess._ 3.

12.—Continuation of Generall Major Midleton to the 9 of July. _Ib._

13.—Committee for the Psalmes. _Ib._

14.—Ref. of the Protestation of Mr Iames Morison to the Committee of
Refers. _Ib._

15.—Act Concerning the papers committed by the Parliament for
corespondence. _Sess._ 4.

16.—Continuation of particular References from the Commission of the
General Assembly untill the report thereof be brought in from the
Committee of Refers. _Ib._

17.—Committee for considering the Earle of Eglingtouns Bill concerning
Mr Iames Ferguson. _Ib._

18.—Committee for conference with the Committee of dispatches. _Ib._

19.—Committee for conference with Mr Walter Comrie to satisfie him in
his transportation to Inneraray. _Ib._

20.—Continuation of the Lord Ogilvy to the 17 of that instant. _Sess._
5.

21.—Continuation of G. M. Midleton untill Fryday next. _Ib._

22. Letter to the Brethren of the Presbyterie of Carrickfergus. _Ib._

23.—Continuation of the Commission for visitation of the University of
Glasgow. _Ib._

24.—Ratification of the act of the Presbytery of St Andrews concerning
the agreement betwixt the Laird of Anstruther and the Parochiners. _Ib._

25.—Act recommending to the Brethren to make out the descriptions of
these parts of the Kingdom not yet described. _Ib._

26.—Remitt. Elizabeth Armestrange to the Province of Dumfries. _Ib._

27.—Act for a Minister to Colonel Gilbert Ker his Regiment. _Sess._ 6.

28.—Recom. Mr Robert Iamesone to the Parliament. _Ib._

29.—Letter from Rivet. _Ib._

30.—Order for presenting to the Parliament the report of the
Commissioners sent to his Majestie, and for printing thereof. _Ib._

31.—Committee for revising a Tactate of Chronologie. _Sess._ 7.

32.—Committee for considering the Petition of the Town of Edinburgh for
Ministers and professors. _Ib._

33.—Approbation of the act of transportation concerning Mr Walter
Comrie. _Ib._

34.—Committee for correcting the paraphrase the Psalmes. _Ib._

35.—Ref. to the Committee for publick busines to consider the petitions
given in by the Engagers, and report. _Sess._ 8.

36.—Committee for appointing Ministers to preach. _Ib._

37—- Recom. concerning the Minister of Glencorse to the Parliament and
Exchequer. _Ib._

38.—Approbation of the sentence of deposion against Mr Harie Guthrie
not withstanding of his appeale. _Sess._ 9.

39.—Act appointing sumonds to be direct against Mr Harie Guthrie. _Ib._

40—Approbation of the Deposions of Mr Iohn Allane, Mr Andrew Ieffray,
and Mr Harie Schaw. _Ib._

41.—Approbation of the depositions of Mr Alexander Monroe, Mr David
Monroe, and Mr Thomas Rosse. _Ib._

42.—Approbation of the suspensions of Mr Donald Rosse, Mr William
Rosse, Mr Iohn Hosack: with the Ref. concerning Mr David Rosse, Mr
Robert Williamson, Mr Walter Stewart, Mr George Monroe, and Mr Andro
Andersone to the next visitation. _Ib._

43.—Deposition of Mr Patrick Graham sumtime Minister at Holme. _Ib._

44.—Committee for conference with the Officers that were upon the
Engagement. _Sess._ 10.

45.—Recom. Mr Alexander Smith for his stipend to the Parliament.
_Sess._ 11.

46.—Deposition of Mr Iames Aitkin. _Ib._

47.—Admonition to the visitation of Rosse. _Sess._ 12.

48.—Act for laying aside the Commission from the Presbyterie of Orknay.
_Ib._

49.—Order for Generall Major Midleton appearing with certification.
_Ib._

50.—Order for citation of Mr Andro Ramsay and Mr William Colvill.
_Sess._ 13.

51.—Ref. Mr Edward Wright and Mr Andro Keir to their Presbyteries. _Ib._

52.—Ref. Mr George Haliburton and Mr Archibald Drumond to the
visitation of Stirling and Dumblane. _Ib._

53.—Ref. to Commission for publick affaires concerning the providing a
Collegue to the Minister of Air. _Sess._ 14.

54.—Order for citing of witnesses in the matter of Mr Thomas Ramsay,
elder. _Ib._

55.—Reposition of Mr William Cowper to the office of Schoolmaster in
Channerie. _Sess._ 15.

56.—Approbation of the Deposion of Mr Iames Lundie. _Ib._

57.—Act and Ref. concerning Mr Walter Swinton. _Ib._

58.—Ref. concerning Mr Patrick Smith, and approbation of his
suspension. _Ib._

59.—Act and Ref. concerning Mr Iohn Home for farther tryall. _Ib._

60.—Approbation of the suspension concerning Mr Ia. Edger, and Ref.
concerning him. _Ib._

61.—Deposition of Mr Andro Rollock. _Ib._

62.—Ref. Mr William Sinclair to the visitation of Dunce. _Ib._

63.—Ref. concerning Mr William Home. _Ib._

64.—Approbation of the diligence of the visitors of Dunce and
Chirneside. _Ib._

65.—Committee to meet with the Committee of Parliament for considering
and revising the proceedings of the visitation of Saint Andrews. _Ib._

66.—Continuation of the bussines concerning Mr James Durhames
transportation till the morne. _Sess._ 16.

67.—Recom. for incarcerating one delated for witchcraft. _Sess._ 17.

68.—Committee for conference with the Lord Ogilby. _Ib._

69.—Recom. officers come from Ireland. _Ib._

70.—Committee for conference with the Earle of Galloway. _Ib._

71.—Recom. Helene Gordoun to the Parliament. _Ib._

72.—Answer to the Petition given in for the Earles of Dumfermling and
Lauderdaile. _Ib._

73.—Recom. of the relict of umquhile D. Sharpe to the Parliament. _Ib._

74.—Ref. Mr Iohn Logie to the Synod. _Sess._ 18.

75.—Committee for presenting overtures and desires to the Parliament,
concerning the Mosse troopers. _Ib._

76.—Committee for considering Mr Alexander Smiths condition. _Ib._

77.—Ref. Liev. Col. Ker to his Presbyterie. _Ib._

78.—Ref. concerning Pitfoddells younger, Urquhart of Old Craig, and
Thomas Menzies, to the visitation of Angus and Merns. _Ib._

79.—Ref. Sir Iohn Weymes of Bogie to his Presbyterie. _Ib._

80.—Ref. Sir Iohn Mackenzie and Lievtenant Collonel David Weymes to
their Presbyterie. _Ib._

81.—Ref. Thomas Rutherfurd to his Presbyterie. _Ib._

82.—Ref. Liev. Will. Sutherland to his Presbytery. _Ib._

83.—Ref. Andro Wardlaw to the Presbyterie of Kirkcadie. _Ib._

84.—Ref. certaine persons accessory to the late unlawful engagement to
their Presbyteries.

85.—Ref. Augustine Hoseman to the Presbyterie of Edinburgh. _Ib._

86.—Ref. Hary Steuart to the Presb. of Edinb.

87.—Ref. Mrs Edward Wright, Andrew Keir, and Robert Keyth to the
Presbyterie of Lithgow. _Ib._

88.—Ref. Mrs James Guthrie in Angus, Tho. Pearson, and Silvester Jamie
to the visitation of Angus. _Ib._

89.—Ref. Mr George Halyburton and Mr Arch. Drummond to the visitation
of Stirling and Dumblane. _Ib._

90.—Recom. the division of Libberton and Quodqhen to the Presbyterie of
Biggar. _Ib._

91.—Ref. Mr Iohn Crichton to the Presbyterie of Glasgow and Paislay.
_Ib._

92.—Ref. the Laird of Kelhead to his Presbyterie _Sess._ 19.

93.—Ref. the Laird of Innes younger to the Presbeterie of Taine. _Ib._

94.—Commission to the Presbyterie of Kelso for examining Margret Ker.
_Ib._

95.—Recom. to the Parliament of the Petition of the Commissioners of
Argyle. _Sess._ 20.

96.—Act appointing some brethren to assist Iohn Greirson in discussing
his suspension. _Ib._

97.—The Assemblies addition and their judgement concerning the
Petitions which were to have been presented to the last G. Assembly.
_Ib._

98.—Act declaring Mr Alexander Smith to be transportable. _Ib._

99.—Committee for the collectors accompts and Alex. Blairs bill. _Ib._

100.—Act refusing the transportation of Mr Iames Durham to Edinb. _Ib._

101.—Ref. E. of Galloway to his Presbyterie. _Ib._

102.—Ref. Major Alexander Forbes to the Presbyterie of Kincardin. _Ib._

103.—Ref. Col. David Barclay to the Commission for publick affaires.
_Sess._ 21.

104.—Committee for considering the matter concerning the transportation
of Mr Neill Cameron. _Ib._

105.—Report from the Committee of appeales concerning Mr Iohn Hay his
taking up of his appellation. _Ib._

100.—Deposition Mr Alexander Keyth. _Ib._

107.—Ref. E. of Queensberie to his Presbyterie. _Sess._ 22.

108.—Committee to confer with Mr Petrick Hamiltoun. _Ib._

109.—Act concerning Mr Patrick Hammiltoun. _Ib._

110.—Recom. for assisting the petition of the people of Athole for
dividing Paroches and planting of Kirks. _Ib._

111.—Committee for preparing a report in the matter concerning G. M.
Midleton. _Sess._ 23.

112.—Act for citing the E. of Abercorne. _Ib._

113.—Committee for conference with Mr Harie Gutherie. _Sess._ 25.

114.—Approbation of the report of the Committee appointed to revise the
proceedings of the visitation of the university of Saint Andros. _Ib._

115.—Ref. D. Barron and Mr Thomas Glagge to the Presbyterie of St
Andrews. _Ib._

116.—Ref. Mr Thomas Rosse to the Presb. of Dingwall. _Ib._

117.—Warrand for printing a Tractat of Chronologie. _Ib._

118.—Recom. of the Petition to the Parliament for erecting the Kirkes
of Fairnie. _Ib._

119.—Recome. of the Petition of D. Sharps relict to the Parliament.
_Ib._

120.—Ref. Mr Harie Cockburne to his Presbyterie. _Ib._

121.—Order from citing of Mr Andrew Ramsay and Mr William Colvill. _Ib._

122.—Act for visiting the Hospitalls and Mortifications. _Ib._

123.—Recom. for changing the manse of Mr Charles Archibald, Minister at
____________ to a more comodious place. _Sess._ 25.

124.—Recom. of the petition of Mr Robert Scot Minister at Ettleston to
the Commission for planting of Kirks. _Ib._

125.—Recom. concerning the disuniting of the paroch of Abirchirdar.
_Ib._

126.—Ref. for the matter concerning the transportation of Mr Neill
Cameron. _Ib._

127.—Act sustaining the Appeals of the parochiners of Northberwick,
with an order for citing the Minister and parochiners of Baro to answer
in the cause. _Ib._

128.—Ref. Earle of Abercorne to the Presbyterie of Paislay. _Ib._

129.—Continuation of the matter concerning Mr Andro Ramsay till the
morne. _Ib._

130.—Continuation of Mr William Colvill till the morne. _Ib._

131.—Recom. of the petition of the towne of Couper to the Commission
for planting of Kirks. _Sess._ 26.

132.—Recom. the Officers come from Ireland to the honorable Estates of
Parliament _Ib._

133.—Deposition of Mr Iohn Graham sometime Minister at Auchterardor.
_Ib._

134.—Approbation of the sentence of Deposition of Mr David Drumond,
sometime Minister at Lithgow. _Ib._

135.—Recom. Mr Iohn Nairne. _Ib._

136.—And for giving in the appeals and References to the Assembly. _Ib._

137.—Approbation of the report concerning the Collectors accompts.
_Sess._ 27.

138.—Act in favours of Alexander Blaire. _Ib._

139.—Act for giving up Mr Hary Guthries appeal upon his desire to
cancel the same. _Ib._

140.—Continuation of Mr Andro Ramsayes businesse till the morne. _Ib._

141.—Deposition of Mr William Colvill. _Ib._

142.—Intimation if any doubt upon the Declaration to come to the
Committee. _Ib._

143.—Order for writing a letter to Mr Theodor Haack for hasting forth
the Dutch Annotations upon the Bible. _Sess._ 28.

144.—Deposition Mr Andro Ramsay. _Ib._

145.—Commission for visitation of the University of Aberdeen. _Sess._
29.

146.—Recom. Mr Gilbert Mershell for a competent maintenance, to the
Commission for planting of Kirks. _Ib._

147.—Recom. Mr George Clerk for a charitable supplie. _Ib._

148.—Commission for visitation of the university of Saint Andros. _Ib._

149.—Ref. to the Commission for publick affairs for planting the place
of the provest of the old colledge of Saint Andros. _Ib._

150.—Committee for examining witnesses in the matter concerning Mr Tho.
Ramsay, with an order for citing witnesses not appearing. _Ib._

151.—Act in favours of Mr William Douglas. _Sess._ 30.

152.—Act appointing Ministers to preach in Edinburgh during the siting
of the Assembly. _Ib._

153.—Ref. Mr Iames Affleck to the visitation of Angus and Merns. _Ib._

154.—Committee for considering the petition of the Towne of Stirling.
_Ib._

155.—Act in favours of Mr Thomas Ireland, Minister at Weyme. _Ib._

156.—Act permitting Iohn Gillon to exercise his gift publickly. _Ib._

157.—Commission for visiting the Colledge of Edinburgh. _Ib._

158.—Recom. to the Parliament for reparation of the losses of Mr
Alexander Ferreis, Mr Robert Iamesone, and Mr Iohn Keyth. _Sess._ 31.

159.—Ref. Mr Richard Maitland to the visitation of the universitie of
Aberdene. _Ib._

160.—Act in the matter concerning the Kirk of Dairsay. _Sess._ 32.

161.—Remitt. the matter concerning Iames Rosse of Banneil to the
Presbyterie. _Ib._

162.—Act exeeming the Presbyterie of Dunkeld from payment of the fortie
shillings for the highland boyes. _Ib._

163.—Ref. Iohn Maxwell younger of Calderwood to the Presb. of Hamilton.
_Ib._

164.—Ref. of the Earle of Athols bill for planting the Kirk of Dunkeld
to the visitation of the Presbyterie of Dunkeld. _Ib._

165.—Commission for visitation of Rosse, Sutherland, and Caithness.
_Ib._

166.—Commission for visitation of Stirling and Dumblane. _Ib._

167.—Commission for visitation of Angus and Merns. _Ib._

168.—Commission for visitation of Dunse and Chrynside. _Ib._

169.—Continuation of the matter concerning the transportation of Mr
Iohn Stirling to Northberwick till the morne. _Sess._ 33.

170.—Approbation of the sentence of deposition of Mr William Wilkie.
_Sess._ 34.

171.—Suspention of Mr Robert Balcancol with Ref. to the Commiss. for
publick affairs. _Ib._

172.—Recom. Helene Ersken to the Parliament for a charitable supplie.
_Ib._

173.—Reposition of Mr Marten Makilwrae, with a Recomendation to the
Synod of Argyle to settle him in some charge in the Ministery. _Ib._

174.—Ref. my Lord Cochrane to the Commission for publick affaires.
_Sess._ 35.

175.—Ref. of the petition of Iames Sanders to the visitation of
hospitalls. _Ib._

176.—Act in favours of Violet Dauling, spouse to Mr George Hanna. _Ib._

177.—Act refusing the transportation of Mr Iohn Stirling of
Northbarwick. _Ib._

178,—Ref. to the Commission for publick affaires for planting the Kirk
to Northberwick. _Ib._

179.—Committee for conference with the Earle of Lithgow. _Sess._ 36.

180.—Ref. of the Articles for election of Ministers to the Committee
for publick busines with intimation to all that have objections to come
there. _Ib._

181.—Act in favours of Mary Hay spouse to Mr Richard Maitland. _Ib._

182.—Ref. Mr Alexander Monroe to the visitation of Rosse. _Ib._

183.—Recom. for Mr Alexander Monroe his three hundred merks of
augmentation. _Ib._

184.—Ref. Mr Thomas Ramsay to the visitation of Dunce and Chirnside,
with continuation of his suspension in the meane time. _Ib._

185.—Commission for visitation of the Kirks in the Hieland. _Ib._

186.—Commission for visitation of Dunkeld. _Ib._

187.—Recom. Ionet Andro to the Parliament. _Ib._

188.—Recom. Mr Iohn Rosse to the Presbytery of Kincardin for supplie
out of the vacand stipends. _Ib._

189.—Order for presenting the Declaration to the Parliament and for
desiring that the acts given in may be passed. _Ib._

190.—Act concerning Kircurds passing from his appeal, and a
recommendation to the Presbyterie of Peebles for further dealing with
him. _Ib._

191.—Petition to the Parliament in favours of the laird of Glenurchie.
_Ib._

192.—Petition in behalfe of Doctor Sharps relict to the Parliament.
_Ib._

193.—Letter to their Brethren in Ireland. _Sess._ 37.

194.—Committee for conference with Generall Major Medleton. _Ib._

195.—Ref. certain persons accessory to the late unlawful engagement to
the Commission for publick affaires. _Ib._

196.—Ref. Alexander Urquhart of Craighouse to the visitation of Rosse.
_Ib._

197—Recom. Agnes Maxwell for a charitable supplie to the Parliament.
_Ib._

198—Ref. for planting the Kirke of Kircaldie. _Sess._ 38.

199.—Ref. Earl of Lithgow to his Presbyterie. _Ib._

200.—Ref. for planting the Kirk of Lithgow to the Commission for
Publick affaires. _Ib._

201.—Ref. for planting the Kirk of Stirling. _Ib._

202.—Ref. for planting the Kirk of Dunce. _Ib._

203.—Ref. for planting the vaiking Kirkes of Edinburgh, and the vaiking
places of the professors of divinitie there. _Ib._

204.—Ref. for planting the Kirk of Dunkeld. _Ib._

205.—Ref. to the Commission for publick affaires concerning the
education of the Earle of Athole. _Ib._

206.—Ref. Mr Colin Mackenzie and Mr David Monroe to the visitation of
Rosse. _Ib._

207.—Act for collecting the history of these latter times. _Ib._

208.—Recom. of persons for charitie. _Ib._

209.—Recom. Iulian Wilkie for charitie. _Ib._

210.—Recom. concerning the Kirk of Bervie to the Commission for
planting of Kirks. _Ib._

211.—Act for wryting to Universities for prosecuting the course of
Philosophie. _Ib._

212.—Recom. Mr Robert Iamesone for some supplie out of the vaiking
stipends. _Ib._

213.—Ref. concerning the adjoyning the paroch of Mouth hill to the
parish of Glasse to the Presbyteries of Strabogy and Fordice. _Ib._

214.—Recom. concerning the dividing of the paroch of Turro. _Ib._

215.—Ref. Lewis Gordon to the Commission for publick affairs. _Sess._
39.

216.—Ref. William Innes of Tippertae to the Presbyterie of Allane to be
relaxed. _Ib._

217.—Petition to the Parliament concerning exacting Oathes in the cases
of custome and excise. _Sess._ 40.

218.—Commission for visitation of Rosse. _Ib._

219.—Commission for visitation of Orknay, Zetland, Sutherland, and
Caithnes. _Ib._

220.—Act concerning the payment of Ia. Murrayes dews. _Ib._

221.—Recom. to Mr Iohn Smith and Mr Iames Hammilton to draw some
articles concerning the duties of Elders. _Ib._

222.—Ref. Vicount of Kenmure. _Ib._

223.—Ref. Doctor Strange. _Sess._ 41.

224.—Ref. concerning the modification of Alexander Gutherie to the
visitation of Angus and Mernse. _Ib._

225.—Act and Recom. to the Magistrates of Edinb. for repairing of the
Assembly house. _Ib._

226. Ref. to the Commission for publick affaires to provide some way
for Ministers to say Prayers to the Lords of Session. _Ib._

227.—Ref. to the Commission for publick affaires for providing a
minister to the Castell of Edinburgh. _Ib._

228.—Directory for election of Ministers. _Ib._

229.—Ref. Mr George Hannay to the Commission for publick affaires. _Ib._

230.—Ref. and Recom. to the Commission for satisfying the paines of the
writer of the paraphrase of the Psalms. _Sess._ 42.

231.—Ref. concerning G. M. Midleton to the Commission for publicke
affaires. _Ib._

232.—Act concerning the University of Saint Andros during the vacation
of the provests place the old Colledge. _Ib._

233.—Recom. to the Presbyteries in the North to compt with the Laird of
Eight upon the fines of excommunicate persons to be applyed to pious
uses and to report to the next Assembly. _Ib._

234.—Act appointing Ministers for the Army. _Ib._

235.—Ref. Rorie Mackenzie to the visitation of Rosse. _Ib._

236.—Ref. Mr William Colvills paper to the Commission for publicke
affaires. _Ib._

237.—Recom. Presbyteries and Synods to send any informations they can
give concerning the passages of these times to the Moderator. _Ib._

238.—Recom. for sending the contribution of 40s. for the Highland boyes
to the Collectors. _Ib._

239.—Ref. to the visitors of Argyle for distribution of the money
formerly collected. _Ib._

240.—Exemption of Dunkeld of the collection for Argyle. _Ib._

241.—Act for continuation of the allowance for dispatches to the next
Assembly, with a Recom. for confering with my Lord Regester and the
Clerk about the person to be employed in that charge. _Ib._

242.—Recom. to the Commission for publick affaires concerning the
setling of Mr Iohn Menzies, in the profession of Divinity at Aberdene.
_Ib._

243.—Ref. for appointing a second Minister in Perth to the Commission
for publick affaires. _Ib._

244.—Ref. and Recom. Mr William Chalmres to the Synod of Aberdene
concerning the supplie of his necessities. _Ib._

245.—Declaration concerning the Act granted in favours of Mr Richard
Maitlands wife. _Ib._

246.—Ref. of the petition of the Earle of Sutherland, in name of the
Presbyterie of Sutherland. _Ib._

247.—Recom. Mr Iohn Keyth to the Parliament. _Ib._

248.—Recom. for dividing the paroch of Ferne to the Commission for
planting of Kirks. _Ib._

249.—Recom. the disjoyning of the lands of over and nether Dyserts from
Brichen to the Commission for planting of Kirks. _Ib._

250.—Causes of a public fast. _Ib._

251.—Commission for considering the obstructions of pietie and the
remedies for removing thereof, and to report to the next Assembly. _Ib._

252.—Recom. to the Parliament for punishing counterfeit Testimonialls.
_Ib._


FINIS.




=Miscellaneous Historical Documents=,

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1649.


1. _Excerpts from Principal Baillie’s Letters._

_To Mr Spang. Edinburgh, February 7, 1649._

One act of our lamentable tragedy being ended, we are entering again
upon the scene. O! if it might be the Lord’s pleasure to perform more
happy and comfortable actions than have appeared these years bygone.
To the great joy of all, in the midst of a very great and universal
sorrow, we proclaimed, on Monday last, the Prince, King of Britain,
France, and Ireland. We have sent the bearer, a worthy gentleman,
to signify so much to his Majesty at the Hague. We purpose speedily
to send an honourable commission from all estates. The dangers and
difficulties wherewith both his Majesty and all his kingdoms at this
time are involved, are exceeding great and many. The first necessary
and prime one (as all here, without exception, conceive) doth put
his Majesty and his people both in a hopeful proceeding; and his
Majesty’s joining with us in the national covenant, subscribed by his
grandfather K. James, and the solemn league and covenant, wherein all
the well-affected of the three kingdoms are entered, and must live and
die in, upon all hazards. If his Majesty may be moved to join with
us in this one point, he will have all Scotland ready to sacrifice
their lives for his service. If he refuse, or shift this duty, his
best and most useful friends both here and elsewhere, will be cast
into inextricable labyrinths, we fear, for the ruin of us all. We know
Satan will not be wanting to stir up ill instruments to keep him off
from a timeous yielding to this our most earnest and necessary desire;
but as it is, and will be, one of all Scotland’s strong petitions to
God, to dispose his heart to do his duty without delay; so we will
acknowledge ourselves much obliged to any, whom the Lord may honour to
be the happy instruments of his persuasion. Many here remember, and
are sensible of your great and happy labours, for the clearing of our
proceedings, from the very first commotions among us. We trust you will
not refuse to be at any needful pains, at this so hard a time, for the
service of God, your King, and country, and all the churches here, in
their great distress. I wish you made a voyage to the Hague, and dealt
with our good friends, Dr Rivet and Dr Spanheim, to insinuate to the
King their wholesome advices. Some, as Vossius, Apollonius, and others
there, understand so much of our proceedings, that a small desire from
any interests would move them to contribute their best helps for his
Majesty’s information.

I recommend it therefore most earnestly to you, to bestir yourself in
a private clanculary way to further this work. If your, or any other
men’s labours be blessed of God to work the present, you will find
all here (I shall answer for it) ready to acknowledge, as becomes
your pains, by such testimonies, in due time, as shall give you
satisfaction. What you do must be done quickly; for every hour’s delay
prejudgeth (we know not how much) his Majesty and all his dominions.

       *       *       *       *       *

_Mr Spang to Mr Baillie._

Ye desire me to hasten to the Hague, and deal with such who are like
to have credit with the King’s Majesty, for persuading him to do what
you require of him, viz. to join with Scotland in both the covenants.
The persons whom you designed were either absent out of Holland, as
Dr Rivet, Apollonius, or such who are not of credit with courtiers,
or such who are known to make use only of the court-favour for their
private ends; and therefore I did bethink myself of another mean to
effectuate that end, which was, by addressing myself to the Prince of
Orange his Highness. For this purpose, I took pains to inform myself,
the best I could, of the present posture of counsels suggested to the
King’s Majesty, and the reasons for them; and I found, that all these
designed by our late Sovereign to be his four counsellors while he
was Prince of Wales, viz. Cottington, Andover, Culpepper, and Hyde,
advised he should go directly for Ireland. This did James Graham urge
also with great vehemency; and if that would not prevail, others were
of advice, that the King was to come to Scotland _armata manu_, because
no trust could be given to such who were leading men in our parliament;
partly, because they thought there was reason to suspect the sincerity
and reality of some who used such a fair invitation only to get the
King in their power, whose advancement they thought never more to
procure than they did his father’s; partly, because they thought, that
though these who invite him do really intend, yet they are not able
to maintain him against the English usurpers, if they do not recal
their late acts against such who have had a hand in the engagement,
and join all their powers together. But this, say they, they will
never do, and so they shall not be able to protect the King; but being
straitened by the English, will be content to buy their peace with
quitting the King. And here, to make this probable, pregnant instances
are brought in of my Lord Chancellor’s papers against the delivery of
the King to the parliament, pressed by unanswerable reasons, which yet
were neglected altogether, by delivery of the King within few months
after. The other instance was, of the treating of our commissioners
with the late King at the Isle of Wight, and our not performing our
promise accordingly. But there is a third party, who, though they be
not of the King’s council, yet, out of love to him and their country,
rejected the two former projects as bloody, to the utter ruining the
King and all Protestants; and did by all means labour to persuade his
Majesty to go to Scotland, upon the very same terms they did require;
that if he did not go, and that hastily, with a resolution to seal the
covenants, he would alienate the hearts of all the Protestants in all
his kingdoms from him: and this was pressed by the Earls of Lauderdale,
Callendar, and Lanerk, with such evident self-denial of their own
interests, as being grievously censured by this present parliament,
that had the King been left to himself, it was thought he could not but
follow their advice. This honourable carriage of these three noblemen
I can bear witness unto, as having heard them protest it in private,
and understand it from others also, who are our enemies, and do curse
the hour they have been cast here to spoil the game they thought sure.
Believe me, I do acknowledge the good providence of God in casting
them here at this time. They have done more good than if they had been
sitting in parliament.

My next was, to find out whereto the Prince of Orange was inclined. For
this purpose, I went to two of the States Generals, of whose intimacy
with the Prince’s councils all men did speak. I found them not only
clear in their own judgement for the King’s going to Scotland, and
embracing the covenant, but that this also was the Prince’s mind. From
them I went to sundry others; but from none did I get surer information
than from the Lord Beverweert, Governor of Bergen-op-zoom, natural son
to Prince Maurice, a nobleman truly pious, and of a public spirit,
resolute to employ his credit for religion, and of high account with
the Prince, in whose councils he has chief influence.

Now having found whereto the Prince inclined, my next thoughts were
to understand so much out of his own mouth, and to confirm in him
what good resolution I should find in him; especially to remove some
scruples and objections, wherewith many told me he was daily assaulted.
For this end, a countryman of ours promised to bring me to the Prince;
but performed it not, or at least would have me to wait so long upon
it, that I should be made to think it some great favour; for this
court-policy, I learned, which made me resolved to go in my old way,
and by the mediation of one of his Highness’s counsellors, I was
brought into him, and had the freedom of a long hour’s speech, where
I found God’s assistance and blessing; his assistance, in enabling me
both with words and matter, for it was in Dutch: and his blessing, in
making the Prince so attentive to what I said, so desirous to know the
true grounds of things, so apprehensive, and so fully resolved with us
for his Majesty’s going to Scotland upon the conditions proponed. I
shall give you a short and compendious account of what passed then.

After I had thanked his Highness for his favour in granting me so
ready audience, and desired to know if I might, with his good liking,
propone what I intended in Latin or English, rather than Dutch, he
desired me to do it in Dutch. Then I first condoled the parricide of
our late King his father; “showed how it was abhorred by the estates
of our kingdom; how, contrary to our covenant, the end of which, among
other things, was the safety of the King’s person; how not only the
state had proclaimed his son to be their King, but the ministry in the
kingdom also, according to their places had done their duty, and had
given assurance of their loyal affection to our present King, by their
letters to him, and by their care that he may be persuaded to shun
the wicked counsels which drove his late father to such counsellors;
that they had given me orders to deal with all who could contribute
any thing to the advancement of this good work; and that I could look
upon none from whom I had reason to expect more good than his Highness,
who, by being instrumental therein, would gain greater honour than by
gaining of towns,” &c.

He answered, “That there was nothing more acceptable to him than
that he was looked upon as one who would employ himself for the
advancement of religion, and that now, if ever, the reformed religion
was in danger; that there were no probable means to prevent the utter
extirpation of it, but by espousing the young King’s quarrel; and
that he, for his part, could not but pity the young King, torn as it
were betwixt such contrary counsels; that the reasons produced by
all parties seemed to be specious, yet how fair soever men did shew,
he thought it madness for a Protestant to chuse rather to trust to a
Papist, than a Protestant who minded truly.” “And if ever,” said I,
“any state minded truly, it is our present state; their hastiness in
proclaiming, that chearfulness of all joining together, do witness
this; and now their readiness to espouse the King’s cause, if he
first will espouse God’s cause, though they know any undertakings
of this kind to be joined with great dangers.” “But what,” said he,
“maybe expected of the ministers?” And here he spoke much of the
great influence their advice has on the estates. To this I answered,
“That whatsoever any Prince can expect of good subjects, that may our
King look for at the hands of the ministers, if he employ his power
for the honouring of God; and that all the power they have in the
hearts of the people will be for the King’s advantage.” Here he spoke
something of the great preciseness of our ministers, who would not
be content with that about religion which our late King had granted,
and wherewith the parliament of England was well nigh satisfied. Here
I was ready to have answered; but he passed this, and spoke of the
conditions we require of the King, viz. his accepting and entering
into the covenants. And I, at his desire, having explained what these
covenants were, and how distinguishable. “Then,” said he, “he will
be easily brought to subscribe this covenant which concerns Scotland
alone;” (he meant our national covenant;) “but the other covenant
betwixt Scotland and England, he feared should find greater difficulty:
1. Because all the King’s counsellors, viz. these four English, would
be against it: 2. Because it required a delivery up to justice those
who are called malignants: 3. Because, as by subscribing it the King
would please us, so he would displease the Papists in Ireland, and
all foreign Popish princes, who will not be so foolish as to favour
him, whose advancement is the ruin of their religion in his dominions.
Other reasons,” says he, “are urged, and I shall propone them ere
ye go.” So I began to answer: and, first, “I shewed, that the first
covenant of Scotland only provides as great security for religion as
the second doth; and therefore the King’s counsellors, who advise him
to subscribe the one, and not the other, for fear of displeasing the
Papists, speak they know not what; for there is not a Papist who is not
more displeased with the first than with the second.” And he asking,
“Why are the King’s counsellors so much against it?” I answered, “That
they durst not do otherwise than dissuade our young King from the
solemn league, since they had ever dissuaded his father from it. If
they would now change, the young King, and your Highness, who are so
greatly interested, should have reason to look upon them as men whose
consciences did condemn them for abusing the father.” Here I took
occasion to represent to his Highness, “the great inconvenience of the
abode of such counsellors about the King’s person; that if a course was
not taken to banish them from his presence, they would readily prove
as unhappy instruments to the son as they have been to the father; and
that they, or any who advise the King to slight the preservation of
Scotland, and to go to Ireland, choosing rather he should not reign
than that they should not reign with him; men of whose religion, the
world, to this hour, was never satisfied.” So far as I could mark,
his Highness seemed not to be displeased with this. “As for the King
delivering up of all malignants to justice,” I answered, “the covenants
do not require that all malignants should be punished, but only tried,
and left to the judgement of the parliament.” “But,” says he, “ye call
any man a malignant whom ye please, though he profess he adheres to the
covenant, and all his aims are for the ends of it.” Here he brought
in, for instance, the acts of our present parliament, declaring all
who had any hand for the engagement incapable of any place of trust
during their whole lives; “and yet,” says he, “the world did read
their declaration, which spake very fair, and the parliament did own
that work: I would therefore gladly know who are the malignants; for
I find, that there is no argument that so works upon his Majesty as
that.” Here I profess I was at a strait. For to have given him such a
character of a malignant as the commissioners of the general assembly
did give some two years since, that would not have served the turn, the
case being now altogether altered, is so far, that he is to be thought
more a malignant who approveth the bloody acts of that treacherous
crew, now usurping the name of a parliament in England, than any who
did ever fight against them; and therefore I came to the distinguishing
of malignants, “some whose aims appeared evidently to be for their own
selves, either that they might abide in a capacity to tyrannize over
their fellow-subjects, or to raise their fortunes, already desperate,
by the publick troubles. Such malignants were justly unpardonable; and
they had none to blame for the ruin of their families and themselves
but their own obstinacy. As for others, in whom it doth appear, that
private and by-ends have not set them a work, their case is pitied;
and it has ever been the custom of the parliaments of Scotland to fail
rather in too great clemency than cruelty.” “Well,” says the Prince,
“if ye that are ministers will not employ your utmost credit for
uniting of all your country, (I mean not,” says he, “of such who have
been bloody obstinate enemies to you,) ye may lose both yourselves and
the cause; and I know there is nothing that should more confound the
counsels of all your enemies, than to see you forget quarrels among
yourselves; for this, they say, How can Scotland, thus divided, be
able to do any thing of moment, since the forces of the party which
now rules are but little enough to suppress their enemies; I therefore
do as earnestly recommend this to you, that you would acquaint your
ministers with it, as they by you do recommend their business. If I
did not think it tending to the enabling of you to make your party
good, I should not open my mouth about it.” Here he enlarged himself
very pertinently and full upon the project of an act of oblivion; and
told me, “That the party who now rules, will not be so ill advised as
to reject this motion, if they would but consider how suddenly things
may be changed.” I assure you he could tell me faults committed in
our private government, whereof I was wholly ignorant, which he says
he learned from the English council, when they were debating about
the very lawfulness of our Scottish parliament, whether lawfully
indicted, maintaining strongly, that their committee, who called it,
had no power, because they had not subscribed the acts of the former
parliaments; “but,” said he, “I quickly crushed such a motion in the
very shell.”

“But,” says he, “the King, by subscribing that covenant, will disengage
all Papists from his service, both in Ireland and elsewhere, and all
but Presbyterians; for it obliges the King to root out Papistry every
where in his dominions, which he is not able to do in the condition
wherein he is.” I answered, “That same argument our late Sovereign
used; but how damageful his going about to please Papists was, doleful
experience has taught, for Ireland especially. It has been that which
has withdrawn the party of the Protestants from him more than any
thing else. And what advantage took the Irish Papists at the King’s
weakness? When they capitulated with him, what little performances did
the King find of their big promises? and since ever he began to meddle
with them, did not his condition decay daily? That the condition of
Protestants called Presbyterians, in Great Britain and Ireland, is not
so mean, but if the King would chearfully join himself to them, as
_caput et vindex fœderis_, there would be no doubt of great and good
success. As for the particulars, how much they could do, I durst not
take it upon me to speak out. I was sure, that in all Scotland there
was not a man who would not be for the King; and for one Independent,
there would be found three Presbyterians; and the rest, being either
hierachical men, or Papists, if they would not assist the King, they
would far less assist the traiterous sectaries.” “I perceive,” says his
Highness, “what ye mean; but how many Presbyterians soever there be, if
ye live at a distance, as I hear ye do now in Scotland, ye will be able
to do nothing at all. It is a work fitting your calling to unite the
hearts of all the great men whom you know to be Protestants.” And here
I suspecting, that it might be his Highness did mean Montrose, as they
call him, who is frequently at court, and more familiar with many than
welcome, I said, “I hoped his Highness did not mean of that man, whose
apostacy, perjuries, and unheard-of cruelty, had made so odious to all
in our country, that they could not hear of his name.” He presently
gave me to understand, that he meant not him, or any such; for by
the comportment of our Scottish noblemen at court now, he perceives
how odious James Graham must be at home; for they will not salute or
speak to him; nay, not look where they think he is: and this I have
observed with my own eyes. At last, having answered all his questions,
I repeated my desire, and humbly prayed his Highness to continue in
that holy and wholesome resolution; and to improve his credit with our
King, that a satisfactory answer may be given with all haste, shewing
the danger of delay.

“But,” said he, “when will the commissioners come to his Majesty?” I
answered, “I thought not until the gentleman returned with an answer
to Scotland.” He asked me, “If I knew who they should be?” I answered,
“I knew not.” “Will any ministers come?” said he. I answered, “That I
questioned not but some would come who would be able to satisfy all his
Highness’s scruples better than I possibly could.” “I wish,” says he,
“some ministers would come, for several reasons.” I replied, “That they
shall come the more chearfully, when they shall understand how much
your Highness doth engage yourself for persuading the King’s Majesty
to go to Scotland, with a resolution to subscribe both the covenants.”
Then said the Prince, “Ye may confidently assure them, that I shall do
my utmost endeavour; and come ye to me to-morrow, and I shall tell you
what you may expect.”

So away went I, and to-morrow, being admitted to his presence, he
told me, “He had made it his work yesternight to persuade the King’s
Majesty, that the resolution was taken to satisfy the desires of the
parliament of Scotland, and that in all haste, letters were to be
written of that in answer to what the King received.” And here again
he recommended the care of uniting all our noblemen in one, in passing
by what faults have been the last year; and told me, it should be most
welcome news to him, if I should let him know that any thing was done
in reference to this.

Thus, cousin, ye have the substance of that discourse, by which ye
may see I have obtained the end of your letter, and that in a fitter
way than ye prescribed. I most earnestly intreat you, that you would
represent to the reverend brethren of the commission, how much the
fame of rigidity, used by them against the last year’s engagers, is
like to endanger the reputation of our kirk abroad, and like also to
make presbyterial government hateful. My heart trembles when I think
of this; for I am certainly informed, by a printer, that that infamous
person, who goes under the name of ——, has a big volume ready, of the
late practices of the Scottish kirks in the exercise of discipline,
which ye may think are willingly furnished to him by some banished
Scotsman. 2. That all lovers of our cause and nation do unanimously
judge, that there are no probable means of our safety, if we unite
not, and pack not up all quarrels amongst ourselves; if there be not
an amnesty for the last year’s engagement; for such had reason to
challenge the English army overpowering the parliament, for breach
of covenants, and that your fears of mischief against the King were
not causeless, he is blamed who shall not. If there were faults in
the compassing your votes, as I doubt not but there have been very
great ones, yet let not desire of justice against these circumstantial
failings, lead us to seek the ruin of these men; or, by excluding them
from government, deprive the kingdom of their abilities, and weaken
ourselves so, that we shall not be able to oppose these treacherous
and bloody sectaries to purpose. If any of our reverend brethren had
been here to have been ear-witness what three of these Lords, now put
in our first classes, did here, in opposition to the English council
and Montrose, and all others who were for Ireland, sure I am you would
have blessed God who brought them hither in this nick of time. If any
commissioners shall come, I entreat you, see that some of the ablest
of our ministers come also, who may be able to stand against Dr Stuart
and such like, if occasion should serve, and may serve for the honour
of our kirks with the Dutch also.

       *       *       *       *       *

_March 19, 1649._—You are not disappointed of your hopes of noble
Lauderdale and Lanerk, and I assure you of the Earl of Callender, who
told me, in plain terms, that the King may with greater assurance
confide in these who now rule with you than in others; ye know whom I
mean. If ye come hither, and do not bring a full rescinding of what
the parliament has decreed against them, ye will be looked upon as
most ingrate men; and none would be more glad of your misery than
the English malignants and James Graham, because they do and have so
opposed their plots. Likewise, it would be needful that ye remitted
much of that rigor which, in your church-assemblies, ye use against
ministers who have proven your great friends ever before. It will be
better to let your sails fall somewhat lower in time, before a storm
compel you; or ye, who think God so highly glorified by casting out
your brethren, and putting so many to beggary, making room through such
depositions to young youths, who are oft miscarried with ignorant zeal,
may be made, through your own experience, to feel what it is, which
now, without pity, is executed upon others. Generally the great power
which the commission of the kirk exercises, displeaseth all. It is but
an extraordinary meeting, and yet sits constantly and more ordinarily
than any synod; yea and without the knowledge of provincial synods and
presbyteries, deposes ministers, injoins _pro auctoritate_, what writs
they please to be read, inflicts censures upon those who will not read
them. If the kirk of Scotland look not to this in time, we will lament
it when we cannot mend it. They say four or five rule that meeting;
and is not the liberty of the kirk come to a fair market thereby? We
have an act, that nothing shall be brought to a greater meeting which
has not first been treated of in a smaller; but now your compend of
the general assembly, or deputes of it, at the first instance, judge
of matters which might be better handled in lesser meetings. For God’s
sake, look this course in time be stopped, else the commission of the
kirk will swallow up all other ecclesiastick judicatories, and such
ministers who reside in and about Edinburgh, shall at last ingross
all church-power in their hands. I know their is a piece of prudence
hereby used, to get the power in the hands of those who are good; but
what assurance, have we but what they may change, or others, following
this course, creep into their places? We meet with daily regrets that
the ancient ministry are condemned, and the insolence of young ones
fostered, the very forerunner of Jerusalem’s destruction. The Lord make
us wise in time.

       *       *       *       *       *

You will do well to consider of the letter, which anno 1646, the
assembly wrote to our late king; for the Independents make it a part
of the rule they walked by. And, 2dly, They say, that in your last
assembly, you have declared that these words of the covenant, where
ye speak of defending the king’s person and authority, in defence of
religion and liberties, are explained to be a limitation and excluding
your obedience to him, except in such acts. And what say these bloody
Independents? “Their putting the King to a violent death is not against
the covenant: for they have put him to death, not for his defending
religion, and the parliament’s liberties, but for going about the
overthrow of both.” Think of this.

       *       *       *       *       *


_The Commission’s letter to the King, with Sir Joseph Douglas.
Edinburgh, February 7, 1649._

  May it please your Majesty,

  As we did always acknowledge your royal father his just power and
  greatness, and poured forth our supplications and prayers to God on
  his behalf, and do abhor these unparallelled proceedings of sectaries
  against his Majesty’s person and life, so we do willingly and
  chearfully acknowledge your Majesty’s most just right of succession
  to reign as king over these kingdoms; and do resolve, in the power
  of the Lord’s strength, to continue in prayer and supplication for
  your Majesty, that you may fear the great and dreadful name of the
  Lord your God, and reign in righteousness and equity, and the Lord’s
  people under you, live a quiet and peaceable life, in all godliness
  and honesty.

  These kingdoms, now for many years past, have been involved in
  many calamities and confusions, by which the Lord’s work hath been
  obstructed and retarded, and the blood of his people shed as water
  spilt upon the ground; and we cannot but look upon the counsels of
  the ungodly as a main cause of all these evils. It hath been the
  cunning of the Popish, Prelatical, and malignant party, to traduce
  Presbyterial government, and the Solemn League and Covenant, as
  destructive to monarchy, and with so much wit and industry they
  manage those calumnies, that your royal father, to our exceeding
  grief, was kept at a distance, in his judgement, from these things
  that do much concern the kingdom of Jesus Christ, the peace and
  safety of these kingdoms, and the establishing of the king’s throne,
  and was estranged in his affection from them who tendered his person
  and authority.

  And seeing the Lord now calls your Majesty to succeed to one of the
  greatest and most important employments upon the earth, which is much
  heightened by the present condition, it is our earnest desire your
  Majesty, in the name of the Lord Jesus, whose servants we are, that
  you would not only shut your ears against calumnies, but avoid the
  company, and shun the counsels of the ungodly, who study to involve
  your Majesty’s interest, and that which concerns the preservation of
  your royal person, and the establishing of your throne with their
  private interests and ends, and to make your loyal subjects odious,
  that they only may be gracious; and that your Majesty would avoid all
  the temptations and snares that accompany youth, and humble yourself
  under the mighty hand of God, and seek him early, and labour to
  have your senses exercised in his word; and that your Majesty would
  establish Presbyterial government, and allow and injoin the Solemn
  League and Covenant, and employ your royal power for promoting and
  advancing the work of uniformity in religion in all your Majesty’s
  dominions. It is by the Lord, who bears rule in all the kingdoms of
  the sons of men, that kings do reign; and whatever carnal policy
  suggest to the contrary, there is nothing can contribute so much for
  securing the kingdom in their hand, as being for his honour, and
  studying to do his will in all things. Therefore we know not so sure
  and speedy a way for securing of government in your Majesty’s person
  and posterity, and disappointing all the designs of enemies, both on
  the right hand and on the left.

  We trust it shall yet afterwards be no grief of heart to your Majesty
  to hearken unto us in these things, (we have hitherto obtained
  mercy of God to be constant to our principles, and not to decline
  to extremes, to own the way either of malignants or sectaries, and
  we were faithful and free with your royal father, would to God he
  had hearkened to our advice.) The Lord grant unto your Majesty
  wisdom to discern the times, and to make use of the opportunity
  of doing acceptable service to God, and engaging the hearts and
  affections of your people in the beginning of your Majesty’s reign,
  by condescending to these necessary things; so shall the Lord bless
  your Majesty’s person, establish the throne, and our spirits, and the
  spirits of all his people in these lands, shall, after so many years
  of affliction, be refreshed and revived, and encouraged certainly to
  pray for your Majesty, and to praise God on your behalf; and in their
  places and stations, by all other suitable means to endeavour your
  honour and happiness, that your Majesty may reign in prosperity and
  peace over these kingdoms; which is the earnest desire and prayer of

  Your Majesty’s loyal subjects and humble servants,

  The Commissioners of the general assembly.

       *       *       *       *       *

_Excerpt Letter to the Commission, from Holland. Hague, April 3, 1649._

  The commissioners of parliament found it necessary to give in, as
  previous to their desires, a paper, for removing of James Graham
  from court. His Majesties answer under his own hand, was, That he
  desired and expected all our propositions together; to which he hoped
  to give a satisfactory answer. With this we were not content; but
  pressed again our desire. The commissioners of Parliament by another
  paper, and we also by one seconded theirs, a copy whereof we send you
  herewith. The King’s second answer was an abiding in the first. We
  had all of us some discourse with his Majesty about the equity and
  necessity of that our desire; but James Graham hath so many and so
  powerful friends in the English council, that as yet we cannot get
  the King to discountenance him.

  On Saturday morning we delivered to his Majesty the National
  Covenant, the League and Covenant, the Directory, the Confession of
  Faith, the Catechism, the Propositions for government, bound together
  in a book so handsome as we could get them. We spoke something on
  the matter, and desired of his Majesty more frequent and private
  conferences; who shewed his willingness, and promised to send to us
  to advertise of his fittest opportunities.

       *       *       *       *       *

  The most part of the council are averse from our desires; yet we
  have our friends. His Majesty is of a very sweet and courteous
  disposition. It were all the pities in the world but he were in good
  company. We hope he is not so far rooted in any principle contrary
  to us, but that, by God’s blessing on our friends labours, he may
  be gotten to do us reason, whatsoever our fears be for the present.
  There is a very evil generation both of English and Scots here,
  who vomit out all their evil humour against all our proceedings.
  The peace of France, and an unhappy book, Ειχων Βασιλιχη does us
  much prejudice. Also the supposed death of Huntly is wrested to our
  disadvantage. Dr Bramhall of Derry has printed the other day at
  Delft a wicked pamphlet against our church. We have no time, nor do
  we think it fit, to print an answer; but by the grace of God, shall
  endeavour, with all faithfulness and diligence, to go about our
  instructions.

  _My Speech to the King, spoken at the Hague, March 27, in the Kings
  bed-chamber, Tuesday, three o’clock in the afternoon._

       *       *       *       *       *

We do declare, what in our own breasts often we have felt, and
generally in the people among whom we live, have seen with our eyes
an mournful sorrow for that execrable and tragick parricide, which,
though all men on earth should pass over unquestioned, yet we nothing
doubt but the great judge of the world will arise, and plead against
every one, of what condition soever, who have been either authors or
actors, or consenters, or approvers, of that hardly expressible crime,
which stamps and stigmatizes, with a new and before unseen character
of infamy, the face of the whole generation of sectaries and their
adherents, from whose hearts and hands that vilest villany did proceed.

We do also profess, in name of them who have sent us hither, the great
joy of all sorts of men in our land for the immediate filling of the
vacant throne with your Majesty’s most gracious and hopeful person,
earnestly praying, that the light of the Lord’s countenance may shine
so bright upon your Majesty’s reign, that the very thick clouds of our
present dangers and fears may flee away, and a new morning may spring
up, to all your three kingdoms, of greater peace and prosperity, of
more righteousness and virtue, especially of more religion and piety,
than hath been seen in the days of any, the most pious, the most just,
the most prosperous, of all your numerous ancestors.

       *       *       *       *       *

_Mr Robert Baillie to Mr R. Douglas. April 3, 1649._

  As yet our fears are great of a sore storm to Scotland; yet
  yesternight I learned from a great person here, that our affairs,
  blessed be God, are not desperate. There is no Scotsman that is of
  the King’s council. The five or six English that are, Cottington,
  Culpepper, Hyde, Long, and some more, are divided. The most are of
  Prince Rupert’s faction, who caress Montrose, and press mightily to
  have the King to Ireland. Culpepper, and some bedchamber-men, as
  Wilmot, Biron, Gerard, and the master of the horse, Piercy, are of
  the Queen’s faction, and these are for the King’s joining with us;
  but all of them are much averse from the league and covenant. The
  Prince of Orange, and by him all the nobles here, are for the last;
  and by their means we are hopeful yet to carry his Majesty to our
  covenant, and the most of our desires for religion; but I dare not
  promise so much: yet the greatest stick, I suspect, shall be our
  severe acts of parliament. It seems all here, even our best friends,
  will be peremptory for a greater mitigation than, I fear, shall be
  granted by you there. It were verily a great pity of the King. He
  is one of the most gentle, innocent, well-inclined princes, so far
  as yet appears, that lives in the world; a trim person, and of a
  manly carriage; understands pretty well; speaks not much; would God
  he were amongst us. I send you herewith the copy of what I said to
  him. Because it was but a transient speech, I give out no copies of
  it here at all; yet that we spoke so, it did us much good; for heavy
  slanders lay upon us here, which the report of our speeches helped
  to mitigate. Our enemies have great hopes, by the French peace, to
  get powerful assistance from France. I verily think, if the King and
  we shall agree, assistance shall be got from this state, and the
  Marquis of Brandenburg, and some others, for good purpose. I pray God
  guide you there to put no more impediments to our agreeance than are
  necessary. My heart bleeds to think of a necessity for Scotland to
  have any friendship for the English sectaries, the worst of men, and
  a war with our King and countrymen in our own bowels. What relaxation
  you may grant, with conscience and safely, let it be done freely and
  publickly with this express. It will admit of no longer delay.

       *       *       *       *       *

_For Mr William Spang. September 14, 1649._

  —— I thought to have sent you a particular account of the general
  assembly as I had done of some others; but the diary I wrote in the
  time I lost; so I cannot now do it; neither were there much in it
  worth the remembrance. The leeting of two for the moderator fell to
  Mr Robert Douglas, the ante penult moderator; Mr Gillespie, the last,
  was departed, and Mr Blair never thoroughly well since his English
  journey. He was not able to come to Edinburgh, whereof I was very
  sorry. The two Mr Robert leeted were, Mr Andrew Cant in earnest, and
  Mr Mungo Law for a fashion. The three the assembly added were, Mr
  Robert Douglas, Mr John Livingston and, by equal voices, Mr David
  Dickson and me; so, without question, the voices for moderation fell
  on Mr Douglas, whereof my heart was exceeding glad; for I was very
  feared for it, and it had done me great hurt. The committees were
  framed according to the custom by the moderator and clerk in private,
  and read at the next session, without any change considerable. We
  spent very much time; whole five weeks: I thought a fortnight less
  might have done our turn. Transportations took up much time, and
  deposition of ministers. There had been divers commissions, east,
  west, north, and south, who had deposed many ministers, to the pity
  and grief of my heart; for sundry of them I thought might have, for
  more advantage every way, with a rebuke, been kept in their places;
  but there were few durst profess so much; and I, for my ingenuous
  freedom, lost much of my reputation, as one who was inclining to
  malignancy.

  My speech to the King, speaking so sharply of his father’s death,
  and the commendations I gave to himself, in the preface of my book,
  but especially a passage of a letter wrote from Holland, wherein,
  to a familiar friend, I spoke of the act of classes as so severe,
  that it will be needful to dispense with some part of it for the
  peace of the country: For these things, before the assembly, sundry
  spoke of me all their pleasure; yet I comforted myself in this, that
  I knew I was far from the calumny imposed, and that all the wise
  men I knew professed their agreement with me in the three things
  named. My unacquaintance with obloquy made my skin at this first
  assay more tender than needed; for I had so oft in print declared my
  sense against, not sectaries alone, but malignants also, and that
  so liberally, in my last book, that I thought in reason I should
  have been reputed above all suspicion of that crime; yet I was
  necessitated to drink more of that cup than I did truly deserve: for
  however in my sermon to the parliament I was as clear as needed,
  and in my report of our treaty obtained the unanimous approbation
  and thanks of the whole assembly, now in print; yet I behoved, in
  sundry voices of the assembly, either to quit the liberty of my
  mind, or endure the whisperings of my malignancy to continue. This
  last, though to my great grief, I behoved to chuse. I could not vote
  to depose Mr William Colvil upon his libel. The man indeed had, in
  my judgment, been an evil instrument in time of the engagement;
  yet all that was libelled against him was for mere silence in that
  engagement. For that alone I could depose no man, for the reasons I
  gave in the committee of the former assembly, when that act passed to
  depose for silence alone, if continued in. My mind did never go along
  with that act; though therefore I knew the whole assembly almost was
  otherwise minded, and, foresaw the mistake of my voice by some, yet
  I behoved to vote his suspension to continue, and no farther. As
  for Mr Andrew Ramsay, more was libelled and proven against him, and
  all this year he carried himself in a cankered untoward way; yet I
  told, I could not voice to depose a man of such age and parts; so in
  that vote I was silent, to the peace of my own mind, though some of
  my friends wrote sharp letters to me for it. I had also some contest
  with my neighbours in Mr William Wilkie’s process, whom I judged
  more hotly pursued than there was cause. But my sharpest contest was
  for the principal whom I found some men to pursue still, without
  any ground at all considerable. Contrary to their design, I got him
  reasonably fair off. These contests, and wrack of my friends, were
  very bitter to mind, and, joining with the obloquy in the ear against
  me by some, troubled my spirit sometimes, till I got my grief and
  wrong vented and poured out to God: for there was no other whom I
  found able and willing to help me. It was a piece of comfort to me,
  that the best of the land were, on more probable grounds, taxed for
  compliance with sectaries than I with malignants, whom yet I knew to
  be innocent; and that I remembered the cloud of infamy under which
  super excellent Mr Henderson lay, to my knowledge, till God and
  time blew it away. I have been ofter and sorer afraid for the wo of
  Christ to them, whom all the world love and speak good of, than I was
  grieved for any reproachful speeches which some were begun to mutter
  against me; but this now is our condition, that the chief in church,
  state, and army, how innocent soever, are whispered to favour either
  sectaries or malignants.

       *       *       *       *       *

  I wished earnestly, and so did the Chancellor intreat Mr Robert
  Douglas, but out of time, that the framing of the declaration should
  have been committed to another hand than that it fell in; who, how
  able soever, yet was generally thought to be among the most severe of
  the company to the King; but this could not be helped. Some clauses
  we got altered in the committee; yet, as it stands, I much fear it
  shall prove a division-wall betwixt the King and us for ever. We
  were always expecting the promised expresses from him, and for that
  end, some of us held off all we could, determinations of every thing
  concerned him; but when none did appear, and when at last William
  Murray had come without any letter or instruction, either private or
  publick, then there was no remedy, but the declaration and letter,
  in the style you see it, and the act about the engagers, went out
  without contradiction, which, as I foresaw and foretold in the Hague,
  puts harder and more peremptory conditions on the King than there
  would have given satisfaction. We had greatest debate for an act
  of election of ministers. Mr David Calderwood was peremptor, that
  according to the Second Book of Discipline, the election should
  be given to the presbytery, with power to the major part of the
  people to dissent upon reason to be judged of by the presbytery.
  Mr Rutherford and Mr Wood were as peremptory to put the power and
  voices of election in the body of the people, contradistinct from
  their eldership; but the most of us were in Mr Gillespie’s mind,
  in his Miscellanies, that the direction was the Presbyteries, the
  election the sessions, and the consent the peoples. Sundry draughts
  were offered. Mr Woods, most studied, was refused; Mr Calderwoods
  also. Mr Livingston came nearer our mind, yet was laid aside. Mine
  came nearest the mind of all, and almost had past; but for avoiding
  debate, a general confused draught (avoiding, indeed, the present
  question, but leading us into so many questions thereafter as any
  pleased to make) passed with my consent. But Mr D. Calderwood and Mr
  John Smith reasoned much against it in face of the assembly; where,
  against my mind, the Book of Discipline was pressed against them, and
  a double election made, one before trial, and another after, as if
  the election before, and the trial by the Second Book of Discipline
  were given to the people, and that after-trial, before ordination, to
  the presbytery. This I thought was nothing so, but was silent, being
  in my mind contrary to Mr David in the main; though, in this incident
  debate of the sense of the Book of Discipline, I was for him.
  However, already we find the defect of our act; for, as I conceive
  and expressed it, so in my draught so much direction in this is due
  to presbyteries, that they ought to recommend to the session men
  to be elected, without prejudice of their liberty to add whom they
  think fit: but I find it the design now of leading brethren, that the
  presbyteries shall not meddle at all with any recommendations, but
  leave that wholly to any particular busy man of the presbytery, to
  whisper in the ear of some leading man of the parish, to get voices
  to any young man, though never heard in privy exercise, that he, by
  desires of the people to the presbytery, may be put on trials for
  such a church. This I find will be the way of our elections, which
  I think not orderly. However, Mr D. Calderwood entered a very sharp
  protestation against our act, which he required to be registered.
  This is the first protestation we heard of in our time; and had it
  come from any other, he had not escaped censure.

  There was a design, at the last assembly, to have got the hands of
  many ministers to a supplication for moderating, in some things,
  the power of the commission of the church, which was expounded by
  this assembly truly to have been the overthrowing, in favour of the
  malignant party, the power of the kirk. Great din was made for this
  supplication, to try what was the bottom of it, and a very severe
  act was made against the thing; yet Mr Douglas carried it so, that
  no man at all, even the chief contrivers, did suffer any thing for
  it, upon what ground I could never learn to my satisfaction; whether,
  because to Mr Robert Laurie, the confessed penner of the principal
  supplication, impunity was promised for his ingenuous and early
  confession, and he being secure, others less guilty could not be got
  punished; or because others foreseeing what necessity there might
  be for themselves to do more than supplicate a general assembly,
  had no will that any supplication whatsoever, especially being only
  intended, and never offered, should be a ground of church censure.
  However, albeit a terrible act was made against the thing, contrary
  to my mind, yet no man was to this day called to any account for it,
  nor, as I hear, shall ever be.

  I was much afraid that the subscription required of the engagers
  should have made many prime men in our land desperate; but I am
  now very glad that so many offer themselves to do all that is
  required, as I expect there shall be very few who shall stick upon
  it, so I wish from my heart that Lauderdale may be moved to do
  what I found Callender and Dumfermline ready for, when I was there
  with you; and what I saw in the assembly, Middleton very near, and
  others, as Galloway, Linlithgow, Ogilvie, Baillie, Innes, Cochran,
  Kenmure, Fleming, &c. actually to offer. I do not expect now above
  three or four persons in Scotland who shall make scruple of that
  subscription, which, I hope, may be a mean to teach that man (for
  whom alone my love makes me afraid) some more wisdom. Mr Hary
  Guthrie, in his appeal to the assembly, had used some sharp and
  reflecting reasons, for which they summoned him to appear, resolving
  to have excommunicated him, if they did not find submission: but
  quickly his spirit was daunted. In all humility he appeared, and
  passed from his appeal, which obtained him favour not to be farther
  proceeded against. Mr William Colvil took his sentence of deposition
  submissively. Mr Andrew Ramsay professed his suffering. Some would
  have been at the present processing of both, as guilty of all the
  blood, and all the consequences of the engagement; but Mr R. Douglas
  quashed these motions, which otherwise easily had been carried on.

  It was all our minds to have had transportations better regulated
  than they had been; for indeed their needless frequency was
  intolerable, yet Mr R. Douglas got all that shifted till Edinburgh
  once again he provided both of ministers and professors. For their
  university they moved for Mr Rutherford, but that was thought absurd.
  It seems they would be at Dr Colvil, but he will not be given them,
  as a man demi-malignant. They who judge so of that man, would give
  them Mr James Wood, or Mr D. Dickson; but in my mind, neither of
  these may be transported without greater hurt to the places they are
  in than benefit to Edinburgh, though they could get them; but as yet
  Edinburgh desires neither, and on whom they will fall yet, it does
  not appear. We fear they trouble us one way or other.

  One day I escaped, to my sense, one of the greatest burdens ever
  was laid on me. Our committee, after many motions, had resolved for
  drawing up of the history of the times, to propone to the assembly
  a leet of three or four; Mr James Wood, Mr John Livingston, Mr Ja.
  Guthrie, and me. My profession made me secure of all danger, as I
  thought; and I minded it no more: but in the end of the assembly,
  when it came to be voiced, it ran wholly betwixt Mr John Livingston
  and me; and had not the opinion of my malignancy diverted some
  voices, I had undoubtedly been oppressed with that charge. As it
  was, I escaped it but by two or three voices; but I blessed the
  Lord for it; for to me it had all the days of my life been a burden
  intolerable, for many causes.

  The assembly, for the full purgation of the church, as in former
  years, so in this also, has appointed divers committees; one in
  Angus, one in Stirlingshire, one in the Merse, one in Ross, one in
  Argyle, with most ample power. On these committees the most zealous
  men are put, which some few can chuse (even of very young men lately
  admitted ministers) for deposing such as presbyteries and synods do
  spare. I acknowledge the disinclination of my mind to so frequent
  depositions of ministers, and to all courses that further that, to me
  so severe an action; but this is a great part of my malignancy.

  I think at last we shall get a new Psalter. I have furthered that
  work ever with my best wishes; but the scruple now arises of it in my
  mind, the first author of my translation, Mr Rous, my good friend,
  has complied with the sectaries, and a member of their republick.
  How a Psalter of his framing, albeit with much variation, shall be
  received by our church, I do not well know; yet it is needful we
  should have one, and a better in haste we cannot have. The assembly
  has referred it to the commission to cause print it after the last
  revision, and to put it in practice.

  These were the chief things of our long and tedious five weeks
  labour; only we appointed a letter to be drawn for our brethren of
  England for their encouragement. The draught was Mr James Durham’s.
  It was his first, but did not so fully please us to pass, but was
  referred to the commission to perfect. Our brethren of Ireland had
  sent Mr John Greg to us, to have our advice about their carriage in
  my Lord of Aird’s defection. No publick advice was given; but Mr
  Livingston and Mr Maclellan were appointed to confer with him on all
  his propositions.

  All this while the parliament did sit, though ready to rise at our
  first downsitting, more than at our rising. Their main cause of
  sitting was to see what we brought from the King. Thereafter, being
  to rise, constant reports, week after week, of Cromwell’s purpose to
  bring down the army on us before it went to Ireland, made them sit
  still to see to the defence of the country. To increase the levies,
  was to put the country to a farther burden, while the present was as
  great as could be borne, and caused dangerous grumbling every where;
  also, if a greater army had been on foot, the world would not keep
  them out of England, which we did not intend, being far from any
  agreement with the King; so nothing considerable was done, or could
  be done, though the English had come on us. They had written a letter
  with a messenger, to desire a treaty with us. Our answer was, that
  we could not acknowledge the present authority. This drew from them
  a paper, in reasonable soft words; but clearly enough renouncing all
  former treaties as broken by our parliament’s invasion, an advantage
  which they would openly make that use of, as to have it a breach of
  all their obligations to us. To this we made no reply; for what needs
  paper-debates at such a time?


1648.

_2. Instructions by the Committee of Estates sent by their
Commissioners to the English Parliament._[419]

  You shall repair to London, and deliver our Letter to the Honourable
  Houses of the Parliament of England.

  You shall excuse the long delay in sending to them, and in the mean
  time let them know, we hold Correspondence with the Commander in
  Chief of their Forces.

  You shall give them a Narrative of our whole Proceedings according
  to the Declaration of the Kirk, and our own; particularly you
  shall acquaint them with our Proceedings in opposition to the late
  unlawful Engagement, and what Industry was used on the other part,
  for the Election of Malignants to be Members of Parliament, and how
  unlawfully some were admitted to sit in Parliament; and great numbers
  of Malignants were brought in from England, to over-awe the honest
  Party, and how many of the Army were corrupted.

  And you shall farther represent particularly the great Sufferings
  and Oppressions of honest men, and that before they heard any thing
  of the Defeat of the Forces under Duke Hamilton in England, they had
  resolved on the manner and time of their Rising in Arms here in this
  Kingdom, against the Promoters and Abettors of that Engagement, and
  their Adherents, You shall also shew them the result of the Treaty
  betwixt us and those Armies about Sterlin, and how useful their
  Forces have been to us by being at so near a distance.

  You shall endeavour to take away all Mis-information or
  Mis-constructions of any of our former Proceedings, and settle a
  good Understanding betwixt them and the honest protesting Party in
  Scotland; and you shall shew them the continued evil Principles,
  Malice, and Designs of the Malignant Party in this Kingdom, yet
  to trouble our Peace and interrupt theirs, and as they call it,
  not to live and outlive the not carrying on so pious and loyal an
  Engagement: and that some of them are going to Holland with an
  intention, as we are informed, to bring over Forces if they can:
  therefore we have caused deliver Berwick to be disposed of for the
  Good of both Kingdoms, and give the like Warrant for Carlisle; and
  that it is also surrendered, or presently to surrender for the use
  foresaid. So we agree during these Troubles, until the Peace of
  this Kingdom be settled, that the Honourable Houses may keep some
  Forces upon the Borders, and sufficient Garrisons in them both,
  upon a two-fold assurance: First, that in case any new Troubles
  be raised in Scotland by the Malignants, both they and the Forces
  about Newcastle have Directions from the Parliament to come unto
  Scotland, to pursue the Common Enemy when they shall be desired by
  the Committee of Estates, as it is now constituted of the Protesting
  Party in Scotland: and Secondly, that the Parliament shall remove all
  Garrisons out of those two Towns, and from our Borders, and put them
  in the Condition agreed on by the Treaties betwixt both Kingdoms,
  whensoever the Troubles are at an end, and the Peace of the Kingdoms
  settled.

  You shall shew how desirous and willing we are to harken to any
  good Overture that may conduce to prevent any such-like Breaches
  again betwixt the two Nations, and that it may not be in the power
  of Malignants again either to seduce, or to enforce upon the People
  the like Sin and Snare; and for mutual Consultation, we think
  it expedient, both that they should have some honest Noblemen,
  Commissioners, here to reside at Edinburgh, and that we shall have
  some at London, that by Commutation of Counsels, our Common Peace may
  be the better settled and continued.

  You shall try if the Treaty betwixt the Kings Majesty and the Two
  Houses of Parliament be like to take effect, and shall study to
  preserve the Interest of this Kingdom in the matter of the settling
  of the Peace of these Kingdoms: and if you shall find there are real
  Grounds to hope an Agreement betwixt the King and the Two Houses, in
  respect both Kingdomes are engaged in the same Cause and Covenant,
  and have been, and still are under the same Dangers, and to the end
  our Peace may be more durable, you shall endeavour that before any
  Agreement of Peace be made, we may be first acquainted therewith,
  that we may send up Commissions in relation to the Treaty with the
  King, upon the Propositions, and in relation to mutual Advice, for
  the settling of the Peace of these Kingdomes, and accordingly as you
  find the Two Houses inclined therein, you shall give us Advertisement.

  You shall according as upon the place it shall be found expedient,
  present the same Desires to the Two Houses of Parliament in name
  of this Kingdome, touching the Work of Reformation, as shall be
  presented to them from this Kirk.

  You shall assist Mr Blair in this Imployment, and take his advice and
  assistance in yours, and give us Advertisement weekly how all matters
  goe.

  You shall publish all Papers either concerning the Proceedings of the
  Church, or of the Protesters, which are necessary to be known.

  You shall endeavour to keep a good Understanding betwixt us and
  the City, and the Assembly of Divines; and strive to remove all
  Jealousies betwixt us and them, or betwixt honest men amongst
  themselves.

  You shall endeavour that honest men who have suffered for opposing
  the Engagement be not prejudiced, but furthered in payment of the
  Sumes assigned unto them before the Engagement, out of the two
  hundred thousand pound Sterling, and Brotherly Assistance, for
  publick Debts or Losses.

  You shall acquaint the Speakers of both Houses with his Majesties
  Letter to this Committee, and our Answer sent to Him.

  You shall desire that the Noblemen, and Gentlemen of Quality, and
  considerable Officers of the Army that went into England under the
  Duke of Hamilton, and which are now there Prisoners may be kept
  as Pledges of the Peace of the Kingdomes, especially to prevent a
  new Disturbance in this Kingdome, or Trouble from this Kingdome to
  England, until the Peace of both be settled.

  You shall acquaint the Two Houses with our Answer to that of L.
  General Cromwell’s, of the sixth of this Instant, and make use of the
  Grounds therein mentioned as you shall find occasion.

       *       *       *       *       *

  1648.—September 16 and 21.

  3. _Letters from Oliver Cromwell to the Committee of Estates._[420]

  For the Right Honᵇˡᵉ the Committee of Estates
  for the Kingdome of Scotland. These.

  Right Honoᵇˡᵉ,

  Being my approach to the borders of the kingdome of Scotland, I
  thought fitt to acquaint you of the reason thereof. It’s well knowne
  how iniuriously the kingdome of England was lately invaded by the
  armye vnder Duke Hamilton, contrary to the covenant, and our leagues
  of amity; and against all the engagemᵗˢ of loue, and brotherhood
  between the two nations; and notwithstanding the pretence of your
  late declaration, publish’d to tak with the people of this kingdome.
  The Commons of England In Parliamᵗ assembled, declared the said armie
  soe entring as enemyes to the kingdome; and those of England who
  should adhere to them, as traytors. And having received commands to
  march wᵗʰ a considerable part of their army to oppose soe greate a
  violation of faith and iustice, what a witness (God being appealed
  too) hath borne vpon the engagemᵗ of the two armyes against the
  vnrighteousness of man, not onely yourselves, but this kingdome, yea,
  and a greate part of the knowne world, will, I trust, acknowledge
  how dangerous a thing it is to wage an vniust warre, much more to
  appeale to God, the righteous iudge therein; wee trust hee will
  perswade you better by this manifest token of his displeasure, least
  his hand be stretched out yet more against you, and your poore people
  alsoe, if they wilbe deceiued. That which I am to demand of you,
  is the restitution of the garrisone of Berwick and Carlile into my
  hands for the vse of the Parliamᵗ and kingdome of England. If you
  deny me herein, I must make our appeale to God, and call upon him
  for assistance, in what way hee shall direct us; wherein wee are,
  and shalbe, soe farr from seeking the harme of the well affected
  people of the kingdome of Scotland, that wee profess (as before the
  Lord) that what difference an army necessitated in an hostile way
  to recover the auncient rights and inheritance of the kingdoms,
  (vnder which they serve,) can make, wee shall vse our endeavour to
  the vtmost that the trouble may fall vpon the contrivers and authoʳˢ
  of this breach; and not vpon the poore innocent people, who have
  been led and compelled into this action, as many poore soules, now
  prisonʳˢ to vs, confess. We thought our selues bound in duty thus to
  expostulate with you; and thus to profess, to th’end wee may beare
  our integrity out before the world, and may have comfort in God,
  whatever the event bee. Desireing yoʳ answer, I rest

  Yoʳ Loᵖᵖˢ humble servant,
  O. CROMWELL.

  Septembʳ yᵉ 16ᵗʰ, 1648.

       *       *       *       *       *

  Right Honourable,

  Wee perceive that there was upon our advance to the borders, the last
  Lord’s day, a very disorderly carriage by some horse, who, without
  order, did steale over the Tweed, and plundred some places in the
  kingdome of Scotland, and since that, some straglers have been alike
  faulty to the wrong of the inhabitants, and to our very greate greife
  of heart. I have been as diligent as I can to finde out the men that
  have done the wrong, and I am still in the discovery thereof, and I
  trust it shall appeare to you that there shalbe nothing wanting on my
  part that may testifie how much wee abhorre such things; and to the
  best of my information, I cannot finde the least guilt of the fact to
  lye upon the regiments of this army, but upon some of the northern
  horse who have not been under our discipline and goverment, untill
  just that wee came into these parts. I have commanded those forces
  away back againe into England, and I hope the exemplarity of justice
  will testifie for us our greate detestation of the fact; for the
  remayneing forces, which are of our old regiments, wee may engage for
  them, their officers will keepe them from doinge any such thinges;
  and wee are confident that, saving victuall, they shall not take
  any thing from the inhabitants, and in that alsoe, they shalbe soe
  farre from being their own __________ as that they shall submitt to
  have provisions ordered and proportiond by the consent, and with the
  direction, of the committees and gentlemen of the country; and not
  otherwise. If they please to be assisting to us therein, I thought
  fitt, for the preventing of misunderstanding, to give your Lordshipps
  this accompt, and rest,

  My Lords, Your most humble servant, O. CROMWELL.

  Norham, 21ˢᵗ September, _1648_.

  For the Right Honourable the Committee
  of Estates of the Kingdome of Scotland,
  at Edinburgh, These.

       *       *       *       *       *

1648.—November 20.

  4. _The General’s Letter to the Speaker of the House of Commons, and
  the Army’s Remonstrance, presented by Colonel Ewert._[421]

  Mr SPEAKER,

  The General Council of Officers at their late Meeting here, have
  unanimously agreed on a Remonstrance to be presented to you, which
  is herewith sent by the hands of Col. Ewers and other Officers; and
  in regard it concerns matters of highest and present Importance
  to your self, to us and the whole Kingdom, I do at the desire of
  the Officers, and in the behalf of them and my self, humbly and
  earnestly intreat, that it may have a present reading, and the
  things propounded may be timely considered; and that no failing
  in Circumstance or Expressions may prejudice either the Reason or
  Justice of what is tendred, or their intentions, of whose good
  Affections and Constancy therein you have had so long experience. I
  remain

  Your most Humble Servant,
  THO. FAIRFAX.

       *       *       *       *       *

  For the Honourable William Lenthall, Esq., Speaker of the House of
  Commons.

  _Some chief Heads of the Remonstrance, after the Preambulary Part,
  which is to shew the Messages of the King and Parliament severally,
  also in all Treaties between them, especially in that they are now
  in, with Reasons therefore and Objections answered, from whence these
  Consequences are drawn._

1. That they conceive the Parliament hath abundant cause to lay aside
any further Proceeding in this Treaty, and to return to their Votes of
Non-addresses, and settle with or against the King, that he may come no
more to Government; and this, first by rejecting those Demands of the
King for himself and Party, especially concerning his Restitution and
coming to London with Freedom; and that they proceed against the King
in way of Justice, for evils done by him, and in order thereto, to have
him kept in safe custody. 2. To lay aside that bargaining Proposition
with Delinquents, which will present the thing done by contract with
the King, and not in a judicial way, and by that Power, that no
Delinquents be partially dealt with, protected nor pardonable by other
Power, only moderated upon submission: and among these Offenders they
offer,

(1.) That the King be brought to Justice, as the capital cause of
all. (2.) That a timely and peremptory day be set for the Prince
of Wales, and Duke of York, to come in and render; if not, they be
declared incapable of Government, or any right in England, and stand
exiled for ever as Traytors; and if they render themselves by the
time, then the Prince to be proceeded against or remitted as he shall
give satisfaction, and the Duke the like, and that the Revenue of the
Crown be sequestred. Also the 10,000_l._ to be added, be disposed to
publick use. (3.) That publick Justice may be done upon some capital
Causers or Actors in the War. (4.) That the rest upon submission may
have mercy for their lives. (5.) That the Soldiers have their Arrears,
publick Debts paid, chiefly to those who voluntarily laid out their
Estates, and ventured their Lives, and this to be done by Fines of
Delinquents, and the Estates of those excluded from Pardon. After
publick Justice thus done, then that a reasonable certain period be
put to this Parliament. There want a hundred good Laws, as many to be
repealed, as many to be explained, must not that be first done? and
at this period it may be agreed that there be a certain succession
of future Parliaments Annual or Biennial, with secure provision.
(1.) For the certainty of meeting. (2.) For equal distribution of
Elections, to render the Commons House an equal Representative. (3.)
For certainty of the Peoples meeting, and that none who have engaged
in the late War, or shall engage against the right of Parliament and
Kingdom, or adhere to the Enemies thereof, be capable of electing
or being elected, during some Years, nor those who shall not join
with but oppose this Settlement. (4.) For clearing the Power of this
Representative, it be declared to have the supream power, as to the
governing and preservation of the whole, as to the People of England,
and to altering, repealing, or abolishing of Laws, the making War or
Peace, the highest or final Judgment in all civil things: and all
Ministers or Officers of State shall be accountable to them, bound and
concluded thereby, provided, 1_st_, They may not censure or question
any man after the end of this Parliament for any thing said or done
in reference to the late War. 2_dly_, They may not render up, give or
take away any Right, Liberty or Safety contained in this Settlement
or Agreement. (5.) That there be Liberty of entring Dissents in the
said Representative: in case of Corruption in these highest Trusts,
the People may know who are free, and who guilty, that so they may
not trust such for the future, but with further Penalty to any for
their future Judgment there. That no King be hereafter admitted, but
upon Election of, and as upon Trust from the People, by such their
Representative, not without first disclaiming and disavowing all
Pretence to a Negative Voice against the determination of the said
Representative or Commons in Parliament, and that to be done in such
Form more clear than heretofore in the Coronation Oath.

These matters of a general Settlement are propounded to be done by
this Parliament, and to be further established by a general Contract
or Agreement of the People with Subscriptions thereunto; also that it
be provided, that none be capable of benefit by this Agreement, who
shall not consent and subscribe thereunto, nor any King be admitted
to the Crown, or other Person to any other Office or Place of publick
Trust, with express accord and subscription to the same. These things
they press as good for this and other Kingdoms, and hope it will not be
taken ill because from an Army, and so Servants, when their Masters are
Servants and Trustees for the Kingdom.

       *       *       *       *       *

1649.

5. _Note of Proceedings in the Convention of Estates relative to the
Kirk._

_Jan. 16._ Act Repealing Acts of Parliament or Committee, made for the
late Unlawful Engagement, and Ratifying the Protestation and Opposition
against the same, p. 341. Act in favour of the Ministers who were
at Mauchlin Muir, p. 346. Act of Commission anent Universitie of St
Andrew’s, p. 346.

_Jan. 18._ Act containing the return of the Estates of Parliament,
upon the Testimony communicated unto them by the Commissioners of the
General Assembly, and their Concurrence with the same, p. 349.

_Jan. 26._—Act ratifying and containing the tenor of the band for
securing the peace of the kingdom, and in joining the same to be
subscribed, p. 358.

_Jan. 25._ Act in Favours of the University of St Andrew’s, anent the
Rents of the Archbishopric and Priory of St Andrew’s, p. 357.

_Jan. 30._ Act in Favours of the Town of St Andrew’s, for Provision of
a Third Minister, p. 359. Act against Fornication, p. 360.

_Feb. 5._ Proclamation of King Charles II., p. 363.

_Feb. 7._ Act anent Securing of the Covenant, Religion, and Peace of
the Kingdom, p. 364. Act anent the Catechisms, Confession of Faith, and
Ratifying thereof, p. 364.

_Feb. 10._ Act for Information of the Lieges anent the Securing the
Peace of the Kingdom, p. 367.

       *       *       *       *       *

  6. _Account of the Duke of Hamiltons Expedition into England, being
  Excerpts from “Memoirs of his own Life and Times, by Sir James
  Turner.”_—P. 49.

The Committee of Estates, and consequentlie the visible soveraigne
pouer of Scotland at that time, is divided between the Duke Hammilton
and the Marques of Argile. The last keepd stronglie by the church, and
had it for him; and for feare that did not his turne, he keepd the
armie, at least Leven and David Leslie for him, as knowing, _omnia sunt
gladii pidissequa_. Yet the Hammiltons had gaind much on Middleton, who
had a strong influence on the armie. Hammilton, to beate Argile out
of his strongest fortresse, propons the disbanding the armie as very
useles now, and which was worse, very burthensome, all the enemies of
the state being rangd to their duetie. This was not onlie a plausible
pretext, bot ane unansuerable argument; bot marke the reply of the
other partie. “Never so great danger as now; the Kings person, which
they were bound to defend by the oath of their Covenant (observe, there
was no former ty on them,) being in the hands of the Independents,
who were suorne enemies to his sacred person and to presbiterie,
and carying now all things before them in the English Parliament,
were become very formidable.” So impudentlie could these hipocrites
make use of the safetie of the King, to support their power, by the
usurpation wherof they had brought him to that low condition, and whose
destruction they still designd. To this they adde a ridiculouslie
palpable ly, that the Marques of Huntley was strong and marching
southward, waxd numerous, and to use their oune words, grew great like
a snow ball; that poore Marques, in the meane time, hideing himselfe
in holes and caves, out of which he is about that same time draune
and carried to Edenburgh and cast in the tollbooth, out of which he
never came till he was brought to a scaffold. The matter of the armies
disbanding is referd to the meeting of a great Committee, whose members
are summond by Argile and the kirk to come from the remotest places of
the kingdome, and when they meet, they vote the armie to stand.

       *       *       *       *       *

Bot before all this was done, E. Lainrick, brother to Duke Hamilton,
is made one of these commissioners, which they called the Committee of
both kingdomes. The Chanclor and he went to London, and from thence,
by the Parliaments permission to the Ile of Wight, where they had
severall conferences with his Majestie. Many concessions they obtaind
from him against Poperie, Arminianisme, Socinianisme, Libertinisme,
Erastianisme, and I know not what els, and many promises they made
to him, and so returned to Scotland. A Parliament is calld, which
either consisted of the Royal or purlie Hammiltonian partie; Argiles
being the least of the three, the election of the members was so
dexterouslie carried. Bot in the Commission of the Kirke, Argile carryd
all before him. And now the scene is changd. The King is in no danger;
the Parliament of England, thogh independent, and Scotland are good
friends; they must not fall out; the union of the tuo kingdomes must be
preserved; the King in his concessions, had not taken away Prelacie,
and therfore all the rest of his grants were hipocriticall; neither
were the Scots bound to defend his person by vertue of the Covenant,
bot in the defence of the true religion, which, according to their
glosse, is presbiteriall government; and therefor no armie must be
raisd for his releasment or restoration, onlie the English Parliament
wold be desird to suffer them to treate with the King, whose person,
according to promise, sould be keepd in honor, freedome and safetie.
Heere yow see ane armie necessare and not necessare, for one and the
same cause. Yow will thinke that strange, bot I will unriddle yow.
Necessare for the Kings defence, and to withstand the power of the
Independents, so long as old Leven and David Leslie commanded it; not
necessare for these or any other causes, if Duke Hamilton and Earle
Calander had the conduct of it. Whether the great soumes of money the
English Commissioners brought with them, had ane influence on the
leading men of the state, the kirk and the armie, Sir James Stewart,
once Provost of Edinburgh yet alive can well enough tell. This rent
betueene the usurped state and the usurped kirk, was the first step
to the mine of the whole designe of the yeare 1648; for in the time
of this furious dis ... our levies were retarded, and time given to
Fairfaxe and Cromwell to destroy all the Kings partie in England. At
length the raising of ane armie is carried in spite of Argile and the
kirk. Duke Hammilton is declard Generall; E. Calander, (who once more
appeard to oune the Kings interest,) Lieutenant Generall of the armie;
Mildletone, Lieutenant Generall of the horse, and Baillie of the foot.

Bot before this was dune, a petition is draune up by Argile and his
friends, (the Chancellor playing fast and loose with both parties,)
which is calld the petition of the armie, which was to secure religion
(for these were the kirks words) and the kingdome of Christ, before any
forces were raised for the Kings releasment. It is signd privatlie by
Leven, Da. Leslie, Major Generall Holburne, Sir Johne Broun, Colonell
Scot, and some others, and then presented publiklie to the rest of us,
thinking we could not, being sojors, refuse to follow our leaders. Bot
they found themselves mistaken; for Major Generall Middletone, and
the honnest part of the officers of the armie told them, that such a
petition, which lookd so like mutinie, could not be presented to the
Parliament without incurring the dishonour which Fairfaxe his armie had
draune upon itselfe, to impose on the Parliament of England. To oppose
this petition, Middletone was pleasd to make use of me; neither was I,
indeed, unwilling to contribute all my endeavors for the destruction
of a paper which, if it had beene red, wold have spoke with so loud a
voyce, that many of the members who were bot indifferent, wold have
spoke Argiles language very plainlie. The busienes was so handled that
it was never presented.

Innumerable allmost were the petitions that came from all places
of the kingdome, against the raising of forces for his Majesties
releasment. Glasgow being a considerable toune, was most refractorie
to this Parliament; for Mr Dick, whom they lookd upon as a patriarch,
Mr Baillie, Mr Gillespie and Mr Durhame, all mightie members of the
kirk of Scotland, had preachd them to a perfite disobedience of all
civill power, except such as was authorisd by the Generall Assemblie
and Commission of the Kirke; and so indeed was the whole west of
Scotland, who cryd up King Christ, and the kingdome of Jesus Christ,
therby meaning the uncontroullable and unlimited dominion of the then
kirk of Scotland, to whom they thought our Saviour had delivered
over his scepter, to governe his militant church as they thought fit.
For this reason, I am sent to Glasgow to reduce it to obedience,
with three troops of horse, and Holburns regiment of foot, which a
litle before that had mutind in the Links of Lieth; (their colonell,
lieutenant colonell, and all their captains, haveing deserted them,)
bot the mutinie was with some difficultie compesed by myselfe, and
that regiment brought by me the length of Cramond, in its march to
Glasgow. In Glasgow were many honnest and loyall men, the prime wherof
wer the Cambells and the Bells; and indeed I had good helpe of Coline
Cambell, James Bell, and Bayliffe James Hamilton. At my comeing there I
found my worke not very difficill; for I shortlie learnd to know, that
the quartering tuo or three troopers, and halfe a dozen musketeers,
was ane argument strong enough, in two or three nights time, to make
the hardest headed Covenanter in the toune to forsake the kirk and
side with the Parliament. I came on the friday, and nixt day sent to
Mr Dick, and desird him and his brethren to say nothing nixt day in
their pullpits that might give me just reason to disturbe the peace of
the church. In the forenoone he spoke us very faire, and gave us no
occasion of offence; but in the afternoone he transgresd all limits of
modestie, and raild malitieouslie against both King and Parliament.
This obligd me to command all my officers and sojors to goe presentlie
out of the church, because I neither could nor would suffer any under
my command to be witnesses of a misdemeanor of that nature. At the
first Dick was timorous, and promisd, if I wold stay, he wold give me
satisfaction; bot I told him I wold trust him no more, since he had
broke his promise made in the forenoone. Seeing I intended no worse but
to remove, he continued his sermon, and nixt day went to Edenburgh to
complaine; bot sent one that same night to make his greeveance to the
Duke, who was comd the day before to his palace of Hammilton. Thither I
went nixt morning. His Grace approvd of all I had done; and there was
reason for it; because I had done nothing bot by his oune order, and
his brother E. Lainricks advice. This was that great and well neere
inexpiable sinne which I committed against the sacred soveraigntie of
the kirk; for which all members were so implacable and irreconcileable
enemies to me afterward.

Finding my Glasgow men groune prettie tame, I tenderd them a short
paper, which whoever signed I promisd sould be presentlie easd of
all quartering. It was nothing bot a submission to all orders of
Parliament, agreeable to the Covenant. This paper was afterward by
some merrie men christend Turners Covenant. It was quickly signd by
all except some inconsiderable persons; and so soone as Duke Hammilton
had causd read my letter in Parliament, and the signd papers sent to
the Clearke Register, I was orderd to march to Renfrew, to reduce that
shire to obedience. I left the Generall of the Artilleries regiment,
which was not very strong, at Glasgow, and marchd with my oune (for the
Parliament had given me that of Holburns, and my Lord Duke had placd me
himselfe at Glasgow, and eleven troops of horse; for still as they were
levied in the east, they were sent west to me. I lay at Paislay myselfe
with my regiment, and quarterd my troopes round about. Bot the people
from severall parishes came so fast to me, offering their obedience to
the Parliament, that I knew not well how to quarter my present men,
much lesse these troops, and Calanders regiment, which were on their
march westward.

Meantime a pettie rebellion must be usherd in by religion, yea, by one
of the sacredest misteries of it, even the celebration of our Lords
supper; so finely could these pretended saints make that _vinculum
pacis_, that band of peace, the commemoration of our Savieours
sufferings and death, that peace so often inculcated, and left as a
legacie by our blessed Lord to his whole Church; so handsomelie, I
say, could these hipocrits make it the simbole of warre, and bloody
broyles. While I lay at Paislay, a communion, as they call it, is to
be given at Machlin church, to pertake wherof all good people are
permitted to come; but because the times were, forsooth, dangerous,
it was thought fit all the men sould come armed. Nixt Monday, which
was their thanksgiveing day, there were few lesse to be seene about
the church than tuo thousand armed men, horse and foot. I had got
some intelligence of the designe before, and had acquainted the
Duke with it; who ordered me expreslie not to stirre till Calander
and Middletones coming; who accordinglie on the Saturday before the
Communion came to Glasgow, where I met them, and then went straight
forward to Paislay. A rendezvous is appointed by Calander to be of
horse and foot at Steuarton till nixt Monday. From thence Lieut.
General Middleton is sent with sixe troopes of horse to Machlin moore,
where the armed communicants were said to be. I intreated my Lord
Calander (bot to no purpose) not to divide, bot rather march with all
his forces, then hazard the overthrow of a few, which might endanger
the whole. We advanced with the rest as the foot could march; but it
was not long before we heard that the communicants had refused to goe
to their houses; and having ressaved a briske charge of Middletons
forlorne hope, had worsted it; and that himselfe and Colonell Urrey
comeing up to the rescue, were both wounded in the heade; which had so
appalld their troopes, that if they lossd no ground, they were glad
to keepe what they had, and looke upon the saincts. These unexpected
news made Calander leave my regiment at Kilmarnock, and take his horse
with him up to Middletone. I intreated him to march at least at a great
trot, if not at a gallope; bot he would be more orderlie, and therefor
marched more sloulie. We met numbers of boys and bedees, weeping and
crying all was lost; bot at our appearance the slashing communicants
left the field, the horse trulie untouchd, because not fiercelie
pursued. About sixtie of their foot were taken, and five officers. The
ministers that came in our power, who had occasiond the mischiefe, were
nixt day dismisd. Nixt day we marchd into Aire, where a court of warre
is appointed to be keepd about the prisoners. The country fellows of
them are pardoned; the officers sentenced to be hanged or shot; bot
therafter were pardond; to which I was very instrumentall, thogh I had
bene president in the court of warre. Lieutenant Generall Middletons
wound, and Colonel Urreys, sufferd them to ride abroad within foure or
five days. We knew not well what to doe, for Lambert was on the Border
with a strong part of the English armie, and in a manner keepd Sir
Marmaduke Langdail blockd up at Carlile. Our west countrey was not at
all setled, bot very readie for new commotions. Upon this E. Calander
desires a conference with the Duke, who then was at Edinburgh, to be at
his oune house of Hamilton, to which the Duke readilie assented.

I had left my wife at Glasgow, and, therfor, desird libertie to goe
there, and bid her good night, and accordinglie went thither. Within
two nights came E. Calander and Lieutenant Generall Middletone, and
with them I went to Hammilton, takeing my leave of my deare wife, whom
I did not see againe till she saw me prisoner at Hull.

At Hammilton, we could not bot with much regret and displeasure
consider that Sir Marmaduke, and his Lieutenant Generall Sir Philip
Mushgrave, both gentlemen of untainted loyaltie and gallantrie, had
not onlie unseasonablie, and contrare to the advices given them, raisd
above 3000 foot and horse, bot had marchd with them into Lancashire,
and therby had given a just pretext to the Parliament to send Lambert
with a more considerable power, to give a stop to their further
proceedings: which he did so vigorouslie, that Langdale was glad to
shelter himselfe under the walls of Carlile. This exposd him to a
certaine and present ruine, unles he were succourd. To marche to his
reliefe, were to leave the halfe of our forces in Scotland unleavied,
and ane enemie behind our hand, ourselvs in very bad condition, without
money, meale, artillerie, or amunition; to suffer him to perish was
against honor, conscience, and the reason both of state and warre.
It wold have given our enemies occasion to insult; wold have brought
the Dukes honor (rudlie enough dealt with [by] some before) to an
everlasting losse, and wold have given such just apprehensions of
jealousies to the royalists in England, that never one of them wold
have joynd with us, or ound us. The further debate of this busienes
is delayd till the Duke, Calander and Middletone went to Edenburgh
to advise with the Committee of Estates, for the Parliament was then
dissolvd. Bot in the meanetime, Colonell Lockheart is sent to command
some brigads of horse at Anan, and I orderd to goe presentlie to
Drumfreis, to take the command of sixe or seven regiments of foot,
which were to be shortlie there. Our neernes to Carlile was thought
might give Lambert some ombrages of both a stronger and a neerer
approach. Neither were we mistaken in our conjecture; for so soone as
we began to rally there, he drew his troops neeer together, and so Sir
Marmaduk got aire, and with it some meale for himselfe, and grasse for
his horses.

In this posture did Lockheart and I stay about a fortnight, tuelve
miles distant one from ane other, till (Sir Marmaduks reliefe being
concluded on at Edenburgh as purely necessare,) my L. Duke, E.
Calander, and Lieutenant Generall Middletone and Baillie, with many bot
weake regiments of horse and foot, randevoused at Anan. There I met
them with my little infantrie, amunition, and a great deale of meale,
which had beene sent to me from Edenburgh and other places. Nixt day
we advanced into England, order being given for all the regiments of
the whole kingdome to haste after us, except such as were orderd to
stay for defence of the countrey against our hidden enemies; and these
were to be commanded by E. Lainrick, as commander in chiefe at home.
Our advance obligd Lambert to retire. Some skirmishes we had with him
for a day or tuo, bot to litle purpose. At length be got to Steinmure,
where he beganne to fortifie himselfe. The Duke is necessitated to
stay ten or twelve days at Kirbie-thure, to ressave those regiments
were marching from Scotland, which did not exceed the halfe of their
numbers they sould have beene, all neulie levied, raw and undisciplind;
and that summer was so excessivelie rainie and wet, that I may say it
was not possible for us to keepe one musket often fixd, all the time
we were in a bodie in England. Adde to this that we had no canon,
nay not one field peece, very litle amunition, and not one officer
to direct it. Deare Sandie being groune old and doated, had given no
fitting orders for these things. Whill the Duke lyes at Kirbie-thure,
Sir Marmaduke beseegeth the castle of Applebie, in which Lambert had
left a guarreson. I am sent with tuo brigads to ly neere him, for feare
Lambert sould face about upon him. Within a few days the castle yeelded.

       *       *       *       *       *

My Lord Duke marcheth on with this ill equipd and ill orderd armie
of his, in which I being Colonell of a regiment, I officiated also
as Adjutant Generall, or rather indeed doeing the duetie of Major
Generall of the infantrie, since there was none named for it. To
relieve Langdale at Carlile brought us out of the roade, and truelie
we never came in the right way againe; so true is the old saying, once
wrong and ay wrong. At Hornbie, a days march beyond Kendall, it was
advisd whether we sould march be Lancashire, Cheshire and the western
counties, or if we sould goe into Yorkshire, and so put ourselvs in the
straight roade to London, with a resolution to fight all wold oppose
us. Calander was indifferent; Middleton was for Yorkshire, Baillie for
Lancashire. When my opinion was askd, I was for Yorkshire, and for
this reason onlie, that I understood Lancashire was a close countrey,
full of ditches and hedges, which was a great advantage the English
would have over raw and undisciplind musketeers; the Parliaments
armie consisting of experienced and well traind sojors, and excellent
firemen; on the other hand, Yorkshire being a more open countrey, and
full of heaths, where we both might make use of our horse, and come
sooner to push of pike. My Lord Duke was for Lancashire way, and it
seemd he had hopes that some forces would joyne with him in his march
that way. I have indeed heard him say, that he thought Manchester his
oune, if he came neere it. Whatever the matter was, I never saw him
tenacieous in any thing during the time of his command bot in that. We
choosd to goe that way, which led us to our ruine. Our march was much
retarded by most rainie and tempestuous weather, wherof I spoke before,
the elements fighting against us; and by staying for countrey horses to
carry our little amunition. The vanguard is constantlie given to Sir
Marmaduke, upon condition he sould constantlie furnish guides, pioneers
for clearing the ways, and which was more than both these, to have good
and certaine intelligence of all the enemies’ motions. Bot whither it
was by our falt or his neglect, want of intelligence helpd to ruine
us; for Sir Marmaduke was well neere totallie routed before we knew
that it was Cromwell that attacked us: _Quos vult perdere, hos dementat
Jupiter._

Beside Preston in Lancashere, Cromwell falls on Sir Marmadukes
flanke. The English imagine it was one Colonell Ashton, a powerfull
presbiterian, who had got together about 3000 men to oppose us, because
we came out of Scotland without the Generall Assemblies permission.
Marke the quarrell. While Sir Marmaduke disputs the matter, Baillie,
by the Dukes order, marcheth to Ribble Bridge, and passeth it with
all the foot, except tuo brigads. This was tuo miles from Preston. By
my Lord Dukes command, I had sent some amunition and commanded men to
Sir Marmaduks assistance; bot to no purpose; for Cromwell prevaild, so
that our English first retird and then fled. It must be remembered that
the night before this sad rencounter, E. Calander and Middleton were
gone to Wigham, eight miles from thence, with a considerable part of
the cavalrie. Calander was comd backe, and was with the Duke, and so
was I; bot upon the rout of Sir Marmaducks people, Calander got away
to Ribble, where he arrivd safelie by a miracle, as I thinke; for the
enemie was betueene the bridge and us, and had killd or taken most
part of our tuo brigads of foot. The Duke with his guard of horse, Sir
Marmaduke with many officers, among others myselfe, got into Preston
toune, with intention to passe a foorde below it, thogh at that time
not rideable. At the entrie of the toune the enemie pursued us hard.
The Duke facd about, and put tuo troops of them to a retreate; bot
so soone as we turnd from them, they turnd upon us. The Duke facing
the second time, charged them, which succeded well. Being pursued the
third time, my Lord Duke cryd to charge ance more for King Charles.
One trooper refuseing, he beate him with his suord. At that charge we
put the enemie so farre behind us, that he could not overtake us so
soone. Then Sir Marmaduke and I entreated the Duke to hast him to his
armie; and truelie he shew heere as much personall valour as any man
could be capable of. We suimd the river, and so got to the place where
Lieutenant Generall Baillie had advantageouslie lodgd the foot on the
top of a hill, among very fencible inclosures.

After Calander came to the infantrie, he very inadvisedlie sent sixe
hundreth musketeers to defend Ribble bridge; for the way Cromwell had
to it was a descent from a hill that commanded all the champaigne,
which was about ane English quarter of mile in length betueene the
bridge and that hill where our foot were lodged; so that our musketeers
haveing no shelter, were forced to ressave all the musketades of
Cromwells infantrie, which was secure within thlcke hedges; and after
the loss of many men, were forced to runne backe to our foot. Here
Claud Hammilton, the Dukes Lieutenant Colonell, had his arme broke
with a musket bullet. The bridge being lost, the Duke calld all the
Colonells together on horsebacke, to advise what was nixt to be done.
We had no choyce bot one of tuo—either stay and maintaine our ground
till Middletone (who was sent for), came backe with his cavalrie; or
els march away that night, and find him out. Calander wold needs speake
first; wheras by the custome of warre, he sould have told his opinion
last, and it was to march away that night so soone as it was darke.
This was seconded by all the rest except by Lieutenant Generall Ballie
and myselfe. Bot all the arguments we used, as the impossibilitie of a
safe retreat from ane enemie so powerfull of horse, in so very foule
weather, and extremelie deepe way, our sojors exceeding wet, wearie,
and hungrie, the inevitable losse of all our amunition, could not move
my Lord Duke by his authoritie to contradict the shamefull resolution
taken by the major part of his officers. After that the drumles march
is resolvd on, and bot few horse appointed to stay in the reare of the
foot, I inquird what sould become of our unfortunate amunition, since
forward with us we could not get it. It was not thought fitt to blow
it up that night, least thereby the enemie sould know of our retreate
or rather flight. I was of that opinion too, bot for ane other reason;
for we could not have bloune it then, without a visible mischiefe to
ourselves, being so neare it. It was ordaind it sould be done three
hours after our departure, by a traine; bot that being neglected,
Cromwell got it all. Nixt morning we appeard at Wiggam Moore, half
our number lesse than we were; most of the faint and wearie sojors
haveing lagd behind, whom we never saw againe. Leutenant Generall
Middletone had misd us, for he came by ane other way to Ribble bridge.
It was to be wishd he had still stayd with us. He, not finding us
there, followd our tracke, bot hotlie pursued by Cromwells horse,
with whom he skirmishd the whole way, till he came within a mile of
us. He lost some men, and severall were hurt; among others Colonell
Urrey got a dangerous shot on the left side of his heade, wherof, tho’
he was afterward taken prisoner, he recovered. In this retreate of
Middletons, which he managed well, Cromwell losd one of the gallantest
officers he had, Colonell Thornton, who was runne in the breaste with
a lance, wherof he dyed. After Lieutenant Generall Middletons comeing,
we beganne to think of fighting in that moore; bot that was found
impossible, in regard it was nothing large, and invirond with enclosurs
which commanded it; and these we could not maintaine long, for want of
that amunition we had left behind us; and therfore we marchd forward
with intention to gaine Warinton, ten miles from the moore we were in;
and there we conceavd we might face about, haveing the command of a
toune, a river, and a bridge. Yet, I conceave there was bot few of us
thought we might be beaten, before we were masters of any of them. It
was towards evening, and in the latter end of August, when our horse
beganne to march. Some regiments of them were left with the reare of
the foot; Middleton stayd with them; my Lord Duke and Calander were
before. As I marchd with the last brigad of foot through the toune of
Wiggam, I was alarmd that our horse behind me were beaten, and runne
severall ways, and that the enemie was in my reare. I facd about
with that brigad, and in the market place serrd the pikes together,
shoulder to shoulder, to keepe up any sould charge, and sent orders
to the rest of the brigads before to continue their march, and follow
Lieutenant Generall Baillie, who was before them. It was then night,
bot the moone shone bright. A regiment of horse of our oune appeared
first, riding very disorderlie. I got them to stop, till I commanded
my pikes to open, and give way for them to ride or runne away, since
they wold not stay. Bot my pikemen being demented, (as I thinke we were
all,) wold not heare me, and tuo of them runne full tilt at me. One of
their pikes, which was intended for my bellie, I gripd with my left
hand; the other run me neere two inches in the innerside of my right
thigh; all of them crying, that all of us were Cromwells men. This was
an unseasonable wound, for it made me after that night unservicable.
This made me forget all rules of modestie, prudence, and discretion.
I rode to our horse, and desird them to charge through these foot.
They, fearing the hazard of the pikes, stood. I then made a cry come
from behind them, that the enemie was upon them. This incouragd them
to charge my foot so fiercelie, that the pikemen threw doune their
pikes and got into houses. All the horse gallopd away; and, as I was
told afterwards, rode not thorough bot over our whole foot, treading
them doune; and in this confusion Colonell Lockheart was trode doune
from his horse, with great danger of his life. Thogh the enemie was
neere, yet I beate drums to gather my men together. Shortlie after
came Middletone, with some horse. I told him what a disaster I had met
with, and what a greater I expected. He told me, he wold ride before
and make the horse halt. I marchd, however all that night, till it was
faire day; and then Baillie, who had rested a litle, intreated me to
goe into some house and repose on a chaire; for I had sleepd none in
tuo nights, and eate as litle. I alighted, bot the constant alarums
of the enemies approch made me resolve to ride forward to Warinton,
which was bot a mile; and indeed I may say I sleepd all that way,
notwithstanding my wound. I thought to have found either the Duke or
Calander, or both heere, bot I did not; and indeed I was often told
that Calander carried away the Duke with him, much against his mind.
Heere did the Leutenant Generall of the foot meet with ane order,
wherby he is required to make as good conditions for himselfe and those
under him as he could; for the horse wold not come backe to him, being
resolvd to preserve themselvs for a better time. Baillie was surprisd
with this, and lookeing upon that action which he was orderd to doe as
full of dishonor, he losd much of that patience of which naturallie
he was master, and beseechd any that wold to shoot him thorough the
head. At length, haveing somthing composd himselfe, and much solicited
by the officers who were by him, he wrote to Cromwell. I then told
him, that so long as ther was a resolution to fight, I wold not goe a
foot from him; bot now that they were to deliver themselvs prisoners,
I wold preserve my libertie as long as I could, and so tooke my leave
of him, carrying my wounded thigh away with me. I met immediatlie with
Middletone, who sadlie condold the irrecoverable losses of the tuo last
days. Within tuo hours after, Baillie and all the officers and sojors
that were left of the foot, were Cromwells prisoners. I got my wound
dressd that morning by my oune surgeon, and tooke from him these things
I thought necessare for me, not knowing when I might see him againe; as
indeed I never saw him after.

That unhappie day we met with Cromwell at Preston, some regiments
of horse, and our Irish auxiliaries under the command of Sir George
Monro, (who were fifteene hundreth good foot and three hundreth horse,
and were appointed, against all reason of warre, to be constantlie a
days marche behind us) all of them, I say, finding the enemie had got
betweene us and them, marchd straight backe to Scotland, and joynd
with E. Lainricks forces. Bot so soone as the news of our defeate came
to Scotland, Argile and the Kirks partie rose in armes everie mothers
sonne—and this was calld the Whiggamer rode. Da. Leslie was on their
heade, and old Leven in the Castle of Edinburgh, cannonading the royall
troopes when they came in view of him. Yet might they have been all
very soone conjurd to be quiet, if the royalists had not suffered
themselves to be cheated by a treatie, by which they were obligd to lay
down armes, and quite their power in civill and militarie affaires. But
the principall men of them, particularlie the Earles of Lauderdaile and
Lainrick, Sir George Monro, Dalyell and Drummond, and others, found it
not saife to trust the Saincts too much, and, therfor, crosd the seas,
to take sanctuarie in Holland. Cromwell at Warinton sends Lambert with
a sufficient cavalrie after us, and follows Monro with the strength of
his armie to the Border, and there is invited by the Presbyterians to
enter Scotland. He gets Berwick and Carlile baselie yeelded to him; and
in one of them a number of English gentlemen who had servd the King;
ane infamous act! He is feasted by old Leven, (peeres of ane tree) in
the Castle of Edenburgh; which within tuo yeares after he made his
oune. These men, who courted him, were so faithfull to the Covenant,
that if fame wrong not some of them, they agreed with him in my Lady
Homes house in the Canongate, that there was a necessitie to take away
the King’s life. Now, for the good intertainment the Presbiterians
had given this Arch Independent, at his returne to England, he left
Lambert, (who had dispatched us before) with foure regiments of horse,
to defend them against the Malignants (for so were honnest men called),
till forces of their oune were raised, which was soone done. And then
Acts of State and Kirke are made, to incapacitate all who had beene
in England with the Duke, all who had abetted that engagdment, or
had consented to it, from any office, charge or employment in State.
Church, or Militia; and numbers of honnest Ministers upon that same
account, turned out of their benefices and livelihoods.

To turn to the Duke in England. At night, after I left Warinton, when
I came to him, all the resolution I found taken was, to march forward
a day or tuo, and then by a turne to endeavour to get into Scotland;
for there was then no visible partie for the King in England to joyne
with; Cromwell haveing, before he came to us, routed and broken all
these who rose in Wales, and hangd many of the principal gentlemen of
them. And Fairfaxe had broke all these who rose for the King in other
counties, first under the Earle of Holland, and them under the Earle of
Norwich, chaceing him and the remainder of them into Colchester, which,
after a siege, was surrendered to him on discretion, as I thinke. Heere
Sir Charles Lucas and Sir George Lile were cruellie dealt with, having
bot tuo houres given them to prepare for death; and after that short
time, by the instigation of wicked Ireton, Cromwells sonne in law,
mercileslie shot dead.

The first day, then, of the Dukes march from that place where I found
him, was to Whitechurch, (in what countie I do not remember.) There
a great number of the countrey traind bands appeard against us, bot
were quicklie put to flight by Middleton, without bloodshed. That day
we marchd many miles, and at night most of all the horse lodgd in the
field, where their horses fed well. Some officers went to houses;
bot I lodgd at a hedge, and sleepd there so sound, that at break of
day the trumpets could not waken me; that being the fourth night in
which I had sleepd none, except on horsebacke. Nixt day we made a long
halt at a countrey toune, I thinke in Staffordshire, called Stone.
Heere, because we had not enemies enough to take our lives, a trooper
killd his oune Ritmaster, one Patrick Grey, who had beene a captaine
under me in my Lord Sinclar’s regiment. The trooper was in the place
shot dead, by my Lord Dukes command; who, to speake truelie, was too
spareing in taking lives, his clemencie occasioning the keeping very
bad discipline the whole time of our march in England. A litle after we
had removd from that place, Leutenant General Middletone making good
the reare against some of the countrey militia troopes, was taken;
his horse having fallen under him. He was carried to Stafford; and
indeed after that, we might trulie have said, we were all prisoners;
for I am sure enough, if he, or rather we, had escapd that misfortune,
such unhappie accidents had beene prevented by him, which shortlie
ruind us. And I know not bot he keeping us united, might not at a
long runne have brought himselfe and most of us to Scotland. We came
at night to Uxeter, in most tempestuous, windie, and rainie weather.
Nixt morning, when we were on our march, a great unwillingness in the
horsemen, and some of their officers to march further; the wearines of
both man and horse, ane irresolution whether to goe, and most of all,
a fatalitie which pursud us, made the Duke turne backe and take up
his quarters in the same toune. Neither that day nor nixt night was
any thing resolvd on, bot to rest and refresh man and horse, and then
either treate with these forces that had surrounded us, or fight them
and march away. Sir Marmaduk Langdale, and these few English who were
with him, had left us at Uxeter. He was taken afterward, bot savd his
life by escapeing out of prison. The Duke and Calander fell out, and
were at very hie words at supper, where I was; each blameing the other
for the misfortune and miscarriage of our affaires; in which contest
I thought the Duke had the better of it. And heere, indeed, I will
say, that my Lord Dukes great fault was in giveing E. Callander too
much of his pouer all along; for I have often heard him bid him doe
what he pleased, promiseing to be therwith well contented. And therfor
Calander was doublie to be blamd, first for his bad conduct, (for that
was inexcusable,) and nixt for reproaching the Duke with that whereof
himselfe was guiltie. To fill up the measure of our misfortunes, our
troopers mutine against the Duke, Calander, and all their officers.
Whether this proceeded of their oune wickednes, or by the instigation
of some of their oune commanders, which I then shrewdlie suspected,)
is uncertaine. The Duke and Calander are keepd prisoners, with strong
guards of the mutineers, all nixt night in the Dukes lodgeing, with
many other officers, and among others myselfe. Nixt morning, so soone
as I could see, I cald over the window of the Dukes bedchamber to them,
and askd them, if they were not yet ashamd of the base usage they
had given their Generall, and of that contempt they had shown of all
discipline, and of the ignominie of this action; and requird them, if
for no other reason, yet for their oune safetie from the common enemie,
to returne to their duetie, and goe home to their lodgings. Immediatlie
they removd their guards, and went to their severall quarters, cursing
in generall words these who had prompted them to the mutinie; which
augmented my former suspition, but it was no time to make a strict
inquirie in the busieness. Shortlie after, Calander went away, with
as many as would follow him; which indeed were more than the halfe
of these were in toune. No intreatie of the Duke or mediation of the
officers could prevaile with him. I dealt particularlie with him, bot
in vaine. He usd many arguments to move me to goe along with him, bot I
told him, if I keepd my life, I wold be one of the last men sould stay
with the Generall. I heard that not long after he was deserted by all
that went with him, as he had deserted my Lord Duke. Yet he had the
good fortune (which I believe no other officer of our armie had,) to
get safe to London in disguise, and from thence to Holland.

       *       *       *       *       *

Calander being gone, there was an absolute necessitie imposed on the
Duke to capitulate with the Governor of Stafford, who had about 3000
of the countrey militia with him, with which we were surrounded. Sir
James Foullis of Colinton, Colonell Lockheart and myselfe are namd and
commissionated by my Lord Duke to treate. We met with the governour
and some of the principall gentlemen, three miles from Uxeter, at a
very pleasant house in Staffordshire, where, as they had told us, Mary
Queene of Scots had been long keepd prisoner. This with superstitious
people wold have lookd ominous for us, who were of that nation. In our
treatie, we found them very civill and rationall, and so much friends
to Monarchie, that we had reason to expect no bad conditions from
them. Bot Fortune had not yet made peace with us. We are interrupted
by a messenger sent by Lambert, to acquaint both them and us that he
was comd within tuo miles of that place, and that, if we wold treate,
it must be with him. These were no good news, yet we presentlie horsd
and went to him. We found him very discreet, and his expressions civill
enough. He appointed three principall officers to treate with us,
wherof Lieutenant Generall Lilburn was one. After much discourse, they
offerd to us, if we wold redeliver Berwick and Carlile to the English
Parliament, we sould be permitted to goe; nay, we sould be convoyd
backe to Scotlande. We told them we had no pouer in our commission to
speake of these townes; and so other articles were agreed on by us,
bot not signd till I sould goe first to the Duke and show him, if he
wold surrender these tuo touns, he and all with him sould have their
libertie; if not, we were by the articles all prisoners. He absolutlie
refusd to ingadge for the deliverie of these places, as a thing he said
was not in his pouer; justlie suspecting the Deputie Governors of the
touns wold not obey his orders in the condition he was; and so with
many sorrowfull expressions dismissd me. Upon the way, as I returned,
I met Lambert, with some troops, who told me he was goeing to save my
Lord Duke from my Lord Grey of Groobie, who was marching towards Uxeter
on the other side of the toune, which I knew before I came from the
Duke to be true. He desird me, by all meanes to hast the signing of the
articles, which he promisd to ratifie. At my return I told my comerads
what reason we had to make haste; and haveing reported the Dukes answer
to the English officers, we all immediatlie signd the articles, which,
indeed, if they had been malitious, they might have wavd; for whill
we were about it, one Major Gib, ane officer of our oune, came very
unmannerlie into the roome, belching out his folly in these words:
“Gentlemen, what doe ye dooe? The Duke and all who are with him are
my Lord Greys prisoners.” Yet the commissioners signed for all that;
and indeed my Lord Duke was by that time prisoner, bot Lambert tooke
the protection of him; for our agreement was ratified by him, and by
the Duke too, for he was not to be esteemed a prisoner, because taken
in the time of a cessation and treatie, against custome of warre. Our
first article was for the Duke, that he sould onlie be a prisoner of
warre, nor sould his life ever be questiond or in danger. He sould keep
his George; sixe of his servants, such as he sould choose, sould be
permitted to attend him, and sixe of his best horses likewise; that in
his prison accesse of all persons to him sould be allowd:—conditions
good enough, but very ill keepd. The summe of the rest of the articles
was this: That all of us, both officers and sojors, sould be prisoners
of warre, bot civillie used, till we could procure our libertie by
exchange or ransome; that all of us sould keepe the cloths we had on
us, and all the gold and money we had about us, all other baggage,
armes, and horses, sould be bootie and prise to the victor. We three
who had capitulated, were orderd to be carried to Stafford, where
Middletone was. The Captain who conducted us thither got our horses and
armes. As we rode thorough Uxeter, we made a stand at the window of the
Dukes chamber; and he looking out, we tooke our eternall farewell of
him, with sad hearts parting from him we were never to see againe. He
spoke kindlie to us and so we left him to act the last and worst part
of his tragedie.

       *       *       *       *       *

What was intended for the Kings reliefe and restoration posted him
to the grave. His sad imprisonment calld for assistance from all
his loyall subjects, which as a duetie the laws both of God and man
seamd to impose on them. Our hopes of success were great, grounded on
the equitie of our just undertakeing, the prevailing of the royall
partie in Ireland, the returne of most of the navie to their duetie
and obedience, under the then Prince of Wales, now King; the numerous
and loyall riseings of many shires in England and Wales, against that
usurped pouer which keepd his Majestie in restraint, and upon our oune
strength; for our armie was intended to have beene tuentie thousand
foot, and sixe thousand horse and dragoons. Bot we never amounted to
fourteene thousand in all. These were honnest and fair motives for that
loyall and well intended engadgment of ours; bot,

  _Ludit in humanis divina potentia rebus._

[The foregoing narrative of the Duke of Hamilton’s luckless expedition
in furtherance of the engagement, is the best written account of it
that we have anywhere seen; and it bears internal evidence of fidelity.
It is copied from the only edition of it ever printed—viz. by the
Bannatyne Club in 1829.]

       *       *       *       *       *

1649.—Friday, January 19.

_7. Trial of King Charles the First.[422]_

Commissioners present at Westminster-Hall, January 20, 1648-9.

John Bradshaw Serjeant at Law, Lord President; Oliver Cromwell, Henry
Ireton, Sir Hardress Waller, Valentine Walton, Thomas Harrison, Edward
Whaley, Thomas Pride, Isaac Ewer, Thomas Lord Grey of Groby, William
Lord Mounson, Sir John Danvers, Sir Thomas Maleverer Baronet, Sir John
Bourchier Knight, Isaac Penington Alderman of London, Henry Martin,
William Purefoy, John Barkstead, John Blackiston, Gilbert Millington,
Sir William Constable Baronet, Edmond Ludlow, John Hutchinson, Sir
Michael Livesey Baronet, Robert Tichburne, Owen Roe, Robert Lilburn,
Adrian Scroope, Thomas Horton, Thomas Hammond, John Lisle, Nicholas
Lore, Vincent Potter, Augustine Garland, Richard Deane, John Okey,
John Huson, William Goffe, Cornelius Holland, John Carew, John Jones,
Thomas Lyster, Peregrine Pelham, Francis Allen, Thomas Chaloner, John
More, William Say, John Alured, Francis Lassells, Henry Smith, James
Chaloner, Humphry Edwards, Gregory Clement, John Fry, Sir Gregory
Norton Baronet, Edmond Harvey, John Ven, Thomas Scot, William Cawley,
Anthony Stapeley, John Downs, John Dixwell, Simon Meyne, James Temple,
Peter Temple, Daniel Balgrave, John Browne.

This done, the Court commanded the Serjeant at Arms to send for the
Prisoner, and thereupon Col. Thomlinson, who had the Charge of the
Prisoner, within a quarter of an hours space brought him, attended by
Col. Hacker, and 32 Officers with Partizans, guarding him to the Court,
his own Servants immediatly attending him. Being thus brought up

in the Face of the Court, the Serjeant at Arms with his Mace receives
him, and conducts him straight to the Bar, having a Crimson Velvet
Chair set before him. After a stern looking upon the Court, and the
People in the Galleries on each side of him, he places himself in
the Chair, not at all moving his Hat, or otherwise shewing the least
respect to the Court; but presently riseth up again, and turns about,
looking downwards upon the Guards placed on the left side, and on the
multitude of Spectators on the right side of the said great Hall: the
Guard that attended him in the mean time dividing themselves on each
side the Court, and his own Servants following him to the Bar.

The Prisoner having again placed himself in his Chair with his Face
towards the Court; and Silence being again ordered and proclaimed,
the Lord President in the Name of the Court, addressed himself to the
Prisoner, acquainting him, That the Commons of England assembled in
Parliament, being deeply sensible of the Evils and Calamities that
had been brought upon this Nation, and of the innocent Blood that had
been spilt in it, which was fixed upon him as the principal Author of
it, had resolved to make Inquisition for this Blood; and according to
the Debt they did owe to God, to Justice, the Kingdom and themselves,
and according to that fundamental Power that rested, and Trust reposed
in them by the People, other means failing through his Default,
had resolved to bring him to Tryal and Judgment, and had therefore
constituted that Court of Justice before which he was then brought,
where he was to hear his Charge, upon which the Court would proceed
according to Justice.

Hereupon Mr Cook, Solicitor for the Commonwealth, standing within the
Bar, with the rest of the Counsel for the Commonwealth, on the right
Hand of the Prisoner, offered to speak; but the Prisoner having a Staff
in his Hand, held it up, and softly laid it upon the said Mr Cooks
Shoulder two or three times, bidding him hold. Nevertheless the Lord
President ordering him to go on, Mr Cook did, according to the Order of
the Court to him directed, in the Name and on the behalf of the People
of England, exhibit a Charge of High-Treason and other High Crimes, and
did therewith accuse the said Charles Stuart King of England; praying
in the Name and on the behalf aforesaid, that the Charge might be
accordingly received and read, and due Proceedings had thereupon; and
accordingly preferred a Charge in writing, which being received by the
Court, and delivered to the Clerk of the Court, the Lord President in
the name of the Court ordered it should be read.

But the King interrupting the reading of it, the Court notwithstanding
commanded the Clerk to read it, acquainting the Prisoner, that if he
had any thing to say after, the Court would hear him. Whereupon the
Clerk read the Charge, which is as followeth.

That the said Charles Stuart, being admitted King of England, and
therein trusted with a limited Power to govern by, and according to
the Laws of the Land, and not otherwise; and by his Trust, Oath and
Office, being obliged to use the Power committed to him for the Good
and Benefit of the People, and for the Preservation of their Rights and
Liberties: yet nevertheless out of a wicked Design to erect and uphold
in himself an unlimited and Tyrannical Power to rule according to his
Will, and to overthrow the Rights and Liberties of the People, yea to
take away and make void the Foundations thereof, and of all Redress
and Remedy of Mis-government, which by the Fundamental Constitutions
of this Kingdom were reserved on the Peoples behalf in the Right and
Power of frequent and successive Parliaments, or National Meetings
in Council; He the said Charles Stuart, for accomplishment of such
his Designs, and for the protecting of himself and his Adherents in
his and their wicked Practices, to the same Ends hath traitorously
and maliciously levyed War against the present Parliament, and the
People therein represented, particularly upon or about the thirtieth
day of June, in the year of our Lord 1642, at Berverly in the County
of York; and upon or about the 30th day of July in the year aforesaid
in the County of the City of York; and upon or about the 24th day of
August in the same year, at the County of the Town of Nottingham, where
and when he set up his Standard of War; and also on or about the 23d
day of October in the same year, at Edghil or Keynton-field in the
County of Warwick; and upon or about the 30th day of November in the
same year at Brentford in the County of Middlesex; and upon or about
the 30th day of August in the year of our Lord 1643, at Caversham
Bridg near Reading in the County of Berks; and upon or about the 30th
day of October in the year last mentioned, at or upon the City of
Glocester; and upon or about the 30th day of November in the year last
mentioned, at Newbury in the County of Berks; and upon or about the
31st day of July in the year of our Lord 1644, at Cropredy Bridg in
the County of Oxon; and upon or about the 30th day of September in the
last year mentioned, at Bodmyn and other places near adjacent, in the
County of Cornwal; and upon or about the 30th day of November in the
year last mentioned, at Newbury aforesaid; and upon or about the 8th
day of June in the year of our Lord 1645, at the Town of Leicester;
and also upon the 14th day of the same Month in the same year, at
Naseby-field in the County of Northampton. At which several times and
places, or most of them, and at many other places in this Land, at
several other times within the years aforementioned, and in the year
of our Lord 1646, he the said Charles Stuart hath caused and procured
many thousands of the free People of this Nation to be slain: and by
Divisions, Parties, and Insurrections within this Land, by Invasions
from foreign Parts, endeavoured and procured by him, and by many
other evil ways and means, he the said Charles Stuart hath not only
maintained and carried on the said War both by Land and Sea, during the
years before-mentioned; but also hath renewed, or caused to be renewed,
the said War against the Parliament and good People of this Nation in
this present year 1648, in the Counties of Kent, Essex, Surry, Sussex,
Middlesex, and many other Counties and places in England and Wales,
and also by Sea. And particularly He the said Charles Stuart hath
for that purpose given Commission to his Son the Prince, and others,
whereby, besides multitudes of other Persons, many such as were by the
Parliament intrusted and imployed for the safety of the Nation (being
by him or his Agents corrupted to the betraying of their Trust, and
revolting from the Parliament) have had Entertainment and Commission
for the continuing and renewing of War and Hostility against the said
Parliament and People as aforesaid. By which cruel and unnatural Wars,
by him the said Charles Stuart levyed, continued, and renewed as
aforesaid, much innocent Blood of the free People of this Nation hath
been spilt, many Families have been undone, the publick Treasure wasted
and exhausted, Trade obstructed and miserably decayed, vast Expence
and Damage to the Nation incurred, and many parts of this Land spoiled,
some of them even to desolation. And for further Prosecution of his
said evil Designs, He the said Charles Stuart doth still continue his
Commissions to the said Prince, and other Rebels and Revolters both
English and Foreigners, and to the Earl of Ormond, and to the Irish
Rebels and Revolters associated with him; from whom further Invasions
upon this Land are threatned, upon the procurement, and on the behalf
of the said Charles Stuart.

“All which wicked Designs, Wars, and evil Practices of him the said
Charles Stuart have been, and are carried on for the advancement
and upholding of a personal Interest of Will, Power, and pretended
Prerogative to himself and his Family, against the publick Interest,
Common Right, Liberty, Justice, and Peace of the People of this Nation,
by and from whom he was intrusted as aforesaid.

“By all which it appeareth that the said Charles Stuart hath been, and
is the Occasioner, Author, and Continuer of the said unnatural, cruel,
and bloody Wars; and therein guilty of all the Treasons, Murders,
Rapines, Burnings, Spoils, Desolations, Damages, and Mischiefs to this
Nation, acted and committed in the said Wars, or occasioned thereby.”


Saturday, January 20.

This day the High Court of Justice for trial of the King sat in the
Painted Chamber, and from thence adjourned about two in the afternoon
to the place built for that Court in Westminster-Hall. The President
had the Mace and Sword carried before him, and 20 Gentlemen attended as
his Guard with Partizans, commanded by Col. Fox.

After an _O Yes_ made, and silence commanded, the Act of the Commons
in Parliament for sitting of the said Court was read, and the Court
was called, there being above 60 Members of it present. Then the King
(who lay the night before in St. James’s, and was brought this day to
Whitehall, and thence by Water, guarded with Musqueteers, in boats
to Sir Robert Cotton’s House) was brought to the Bar. To which there
attended him Col. Hacker, with about 30 Officers and Gentlemen with
Halberts. At his coming to the foot of the Stairs, he was met with the
Mace of the Court, and conducted to a Chair within the Bar, where he
sat down in the face of the Court.

The Lord President in a short Speech acquainted the King with the cause
of his being brought thither; that it was in order to his Trial upon
a Charge against him by the Commons of England, which was then to be
read, and the King to give his answer thereunto.

His Majesty made an offer to speak something before reading of the
Charge, but upon some interruption was silent. And then his Charge
was read, by which he was charged, by the name of _Charles Stuart
King of England_, as guilty of all the Blood that hath been shed in
these Wars at Keynton, Brentford, Newbury, and such other places as he
was present at in Arms against the Parliament, and other particulars
very large. The King smiled at the reading of his Charge, and after
reading of it demanded of the Lord President, by what lawful Authority
he was brought thither? Being answered, _In the name of the COMMONS
of England_: He replied, he saw no Lords there, which should make a
Parliament, including the King; and urged, That the Kingdom of England
was hereditary and not successive; and that he should betray his Trust,
if he acknowledged or answer’d to them, for that he was not convinced
they were a lawful Authority. So that after he had been often commanded
to answer, and refused, he was remanded to Sir Robert Cotton’s House,
and afterwards removed back to St. James’s, where he lay this night;
and the Court adjourned till Monday 10 a Clock in the Forenoon, further
to consider of this business.


Monday, January 22.

The Court being sat, _O Yes_ made, and silence commanded, the King was
sent for; whereupon Mr Solicitor Cook moved the Court, That whereas
he had at the last Court, in the behalf of the Commons of England,
exhibited a Charge of High Treason, and other High Crimes, against
the Prisoner at the Bar, whereof he stands accused in the name of the
People of England, and the Charge was read, and his Answer required,
he was not then pleased to give answer, but instead of answering, did
there dispute the Authority of this High Court: His humble Motion was,
That the Prisoner may be directed to make a positive answer, either by
way of Confession or Negation, which if he shall refuse to do, that the
matter of charge may be taken _pro confesso_, and the Court may proceed
according to Justice.

_Lord President._ Sir, You may remember at the last Court you were
told the occasion of your being brought hither, and you heard a Charge
read against you, containing a Charge of High Treason, and other High
Crimes against this Realm of England, and instead of answering, you
interrogated the Court’s Authority and Jurisdiction. Sir, The Authority
is the Commons of England in Parliament assembled, who require your
answer to the Charge either by confessing or denying.

_King._ When I was here last, ’tis very true I made that Question: And
truly if it were only my own particular case, I would have satisfied
my self with the Protestation I made the last time I was here against
the legality of this Court, and that a King cannot be tried by any
superiour Jurisdiction on Earth: but it is not my case alone, it is the
freedom and the liberty of the People of England; and do you pretend
what you will, I stand more for their Liberties: for if Power without
Law may make Laws, may alter the fundamental Laws of the Kingdom, I do
not know what Subject he is in England that can be sure of his life or
any thing that he calls his own: Therefore when that I came here, I did
expect particular Reasons to know by what Law, what Authority you did
proceed against me here: And therefore I am a little to seek what to
say to you in this particular, because the Affirmative is to be proved;
the Negative often is very hard to do, but since I cannot perswade you
to it, I shall tell you my Reasons as short as I can.

My Reasons why in Conscience and Duty I owe to God first, and my People
next, for the preservation of their Lives, Liberties, and Estates; I
conceive I cannot answer this till I be satisfied of the legality of
it. All Proceedings against any Man whatsoever——

_Lord President._ Sir, I must interrupt you, which I would not do, but
that what you do is not agreeable to the Proceedings of any Court of
Justice; you are about to enter into argument and dispute concerning
the Authority of this Court, before whom you appear as a Prisoner,
and are charged as a High Delinquent. If you take upon you to dispute
the Authority of the Court, we may not do it: nor will any Court give
way unto it. You are to submit to it: you are to give a punctual and
direct answer, whether you will answer your Charge or no, and what
your answer is.

_King._ Sir by your favour, I do not know the Forms of Law, I do know
Law and Reason, though I am no Lawyer professed. But I know as much
Law as any Gentleman in England; and therefore (under favour) I do
plead for the Liberties of the People of England more than you do; and
therefore if I should impose a Belief upon any without Reasons given
for it, it were unreasonable; but I must tell you, that by that Reason
that I have as thus informed, I cannot yield unto it.

_Lord President._ Sir, I must interrupt you, you may not be permitted:
you speak of Law and Reason; it is fit there should be Law and Reason,
and there is both against you, Sir: the Vote of the Commons of England
assembled in Parliament, it is the Reason of the Kingdom; and they
are these two that have given being to that Law according to which
you should have ruled and reigned. Sir, you are not to dispute our
Authority, you are told it again by the Court: Sir, it will be taken
notice of that you stand in contempt of the Court, and your Contempt
will be recorded accordingly.

_King._ I do not know how a King may be a Delinquent, by any Law that
ever I heard of: all Men (Delinquents or what you will) let me tell you
they may put in Demurrers against any Proceeding as legal; and I do
demand that, and demand to be heard with my Reasons; if you deny that,
you deny Reason.

_Lord President._ Sir, you have offered something to the Court, I shall
speak something to you, the Sense of the Court: Sir, neither you nor
any Man are permitted to dispute that point, you are concluded, you may
not demur to the Jurisdiction of the Court: if you do, I must let you
know they overrule your Demurrer; they sit here by the Authority of the
Commons of England, and all your Predecessors and you are responsible
to them.

_King._ I deny that, shew me one Precedent.

_Lord President._ Sir, you ought not to interrupt while the Court is
speaking to you: This Point is not to be debated by you, neither will
the Court permit you to do it; if you offer it by way of demur to the
Jurisdiction of the Court, they have considered of their Jurisdiction,
they do affirm their own Jurisdiction.

_King._ I say, Sir, by your favour, That the Commons of England was
never a Court of Judicature; I would know how they came to be so.

_Lord President._ Sir, you are not to be permitted to go on in that
speech, and these Discourses.

Then the Clerk of the Court read as follows:

Charles Stuart King of England, You have been accused on the behalf
of the People of England, of High Treason, and other high Crimes; the
Court have determined, that you ought to answer the same.

_King._ I will answer the same so soon as I know by what Authority you
do this.

_Lord President._ If this be all that you will say, then Gentlemen you
that brought the Prisoner hither, take charge of him back again.

_King._ I do require that I may give in my Reasons why I do not answer;
and give me time for that.

_Lord President._ Sir, it is not for Prisoners to require.

_King._ Prisoners! Sir, I am not an ordinary Prisoner.

_Lord President._ The Court has considered of their Jurisdiction, and
they have already affirmed their Jurisdiction; if you will not answer,
we will give order to record your Default.

_King._ You never heard my Reasons yet.

_Lord President._ Sir, your Reasons are not to be heard against the
highest Jurisdiction.

_King._ Shew me that Jurisdiction, where Reason is not to be heard.

_Lord President._ Sir, We shew it you here, the Commons of England; and
the next time you are brought, you will know more of the pleasure of
the Court, and it may be their final determination.

_King._ Shew me where-ever the House of Commons were a Court of
Judicature of that kind.

_Lord President._ Serjeant, take away the Prisoner.

_King._ Well Sir, remember that the King is not suffered to give in his
Reasons for the Liberty and Freedom of all his Subjects.

_Lord President._ Sir, you are not to have Liberty to use this
Language: how great a Friend you have been to the Laws and Liberties of
the People, let all England and the World judg.

_King._ Sir, under favour, it was the Liberty, Freedom, and Laws of the
Subject that I ever took to defend my self with Arms; I never took up
Arms against the People, but for the Laws.

_Lord President._ The command of the Court must be obeyed; no Answer
will be given to the Charge.

_King._ Well, Sir.

And so he was guarded forth to Sir Robert Cotton’s House.

Then the Court adjourned until the next day.


_The King’s Reasons against the Jurisdiction of the Court._

His Majesty still persisting not to own the Court, they refused to
permit him to deliver his Reasons against the Jurisdiction of the Court
by word of mouth: Nevertheless his Majesty thought fit to leave them in
writing to posterity, which follow in these words:—

“Having already made my Protestations, not only against the illegality
of this pretended Court, but also, That no earthly Power can justly
call me (who am your King) in question as a Delinquent, I would not any
more open my Mouth upon this occasion, more than to refer my self to
what I have spoken, were I in this case alone concerned: but the Duty
I owe to God in the preservation of the true liberty of my People will
not suffer me at this time to be silent: For, how can any free-born
Subject of England call Life or any thing he possesseth his own, if
Power without Right daily make new, and abrogate the old fundamental
Laws of the Land? which I now take to be the present case. Wherefore
when I came hither, I expected that you would have endeavoured to have
satisfied me concerning these grounds, which hinder me to answer to
your pretended Impeachment. But since I see that nothing I can say
will move you to it (the Negatives are not so naturally proved as
Affirmatives) yet I will shew you the reason why I am confident you
cannot judg me, nor indeed the meanest Man in England: For I will not
(like you) without shewing a Reason, seek to impose a Belief upon my
Subjects.

“There is no Proceeding just against any Man, but what is warranted
either by God’s Laws, or the municipal Laws of the Country where
he lives. Now I am most confident this Day’s Proceeding cannot be
warranted by God’s Laws: For on the contrary, the Authority of
Obedience unto Kings is clearly warranted, and strictly commanded in
both the Old and New Testament, which if denied, I am ready instantly
to prove.

“And for the Question now in hand, there it is said, _That where the
word of a King is, there is Power; and who may say unto him, What
dost thou? Eccles._ 8, 4. Then for the Law of this Land, I am no less
confident, that no learned Lawyer will affirm, That an Impeachment can
lie against the King, they all going in his Name: And one of their
Maxims is, That the King can do no wrong. Besides, the Law upon which
you ground your Proceedings, must either be old or new: if old, shew
it; if new, tell what Authority, warranted by the fundamental Laws of
the Land, hath made it, and when. But how the House of Commons can
erect a Court of Judicature, which was never one it self (as is well
known to all Lawyers) I leave to God and the World to judg: And it were
full as strange, that they should pretend to make Laws without King or
Lords House, to any that have heard speak of the Laws of England.

“And admitting, but not granting, that the People of England’s
Commission could grant your pretended Power, I see nothing you can shew
for that; for certainly you never asked the Question of the tenth Man
in the Kingdom, and in this way you manifestly wrong even the poorest
Ploughman, if you demand not his free consent: nor can you pretend any
colour for this your pretended Commission, without the consent at least
of the major part of every man in England of whatsoever Quality or
Condition, which I’m sure you never went about to seek, so far are you
from having it. Thus you see that I speak not for my own Right alone,
as I am your King, but also for the true liberty of all my Subjects,
which consists not in the power of Government, but in living under such
Laws, such a Government, as may give themselves the best assurance of
their Lives, and property of their Goods; nor in this must or do I
forget the Privileges of both Houses of Parliament, which this Days
Proceedings do not only violate, but likewise occasion the greatest
Breach of their publick Faith that (I believe) ever was heard of, with
which I am far from charging the two Houses: for all the pretended
Crimes laid against me, bear date long before this Treaty at Newport,
in which I having concluded as much as in me lay, and hopefully
expecting the Houses Agreement thereunto, I was suddenly surprized and
hurried from thence as a Prisoner; upon which account I am against my
Will brought hither, where since I am come, I cannot but to my Power
defend the antient Laws and Liberties of this Kingdom, together with
my own just Right. Then for any thing I can see, the higher House is
totally excluded; and for the House of Commons, it is too well known
that the major Part of them are detained or deterred from sitting: so
as if I had no other, this were sufficient for me to protest against
the lawfulness of your pretended Court. Besides all this, the Peace
of the Kingdom is not the least in my Thoughts; and what hope of
Settlement is there, so long as Power reigns without Rule or Law,
changing the whole Frame of that Government, under which this Kingdom
hath flourished for many hundred Years? (nor will I say what will fall
out in case this lawless, unjust Proceeding against me do go on) and
believe it, the Commons of England will not thank you for this Change;
for they will remember how happy they have been of late Years under the
Reigns of Queen Elizabeth, the King my Father, and my self, until the
beginning of these unhappy Troubles, and will have cause to doubt, that
they shall never be so happy under any new: and by this time it will be
too sensibly evident, that the Arms I took up, were only to defend the
fundamental Laws of this Kingdom, against those who have supposed my
Power hath totally changed the ancient Government.

“Thus having shewed you briefly the Reasons why I cannot submit to
your pretended Authority, without violating the Trust which I have
from God for the Welfare and Liberty of my People, I expect from you
either clear Reasons to convince my Judgment, shewing me that I am in
an Error (and then truly I will answer) or that you will withdraw your
Proceedings.

“This I intended to speak in Westminster-Hall on Monday January 22, but
against Reason was hindered to shew my Reasons.”


Tuesday, January 23.

This Day the High Court of Justice for trial of the King sat again in
Westminster-Hall, 73 Persons present. The King comes in with his Guard,
looks with an austere Countenance upon the Court, and sits down.

Mr Cook, Solicitor General, moved the Court, That whereas the Prisoner
at the Bar, instead of giving answer to the Charge against him, did
still dispute the Authority of the Court. That as according to Law,
if a Prisoner shall stand as contumacious in contempt, and shall not
put in an issuable Plea _Guilty_ or _Not Guilty_ of the Charge given
against him, whereby he may come to a fair trial, that by an implicite
Confession it may be taken _pro Confesso,_ as it hath been done to
those who deserved more favour than the Prisoner at the Bar has done:
and therefore that speedy Judgment be pronounced against him.

_Lord President._ Sir, You have heard what is moved by the Counsel on
the behalf of the Kingdom against you: Sir, you may well remember, and
if you do not, the Court cannot forget what delatory dealings the Court
has found at your hands. You were pleased to propound some questions:
you had our Resolutions upon them: You were told over and over again,
that the Court did affirm their own Jurisdiction; that it was not
for you nor any other man to dispute the Jurisdiction of the supreme
and highest Authority of England, from which there is no appeal, and
touching which there must be no dispute; yet you did persist in such
Carriage as you gave no manner of obedience, nor did you acknowledg any
Authority in them, nor the High Court that constituted this Court of
Justice.

Sir, I must let you know from the Court that they are very sensible of
these delays of yours, and that they ought not, being thus authorized
by the Supreme Court of England, to be thus trifled withal; and that
they might in Justice, if they pleased, and according to the Rules
of Justice, take advantage of these delays, and proceed to pronounce
Judgment against you: yet nevertheless they are pleased to give
direction, and on their behalfs I do require you, That you make a
positive Answer unto this Charge, that is against you, Sir, in plain
terms; for Justice knows no respect of Persons: you are to give your
positive and final Answer in plain English, whether you be guilty or
not guilty of these Treasons laid to your charge.

_The King_ after a little pause said,

When I was here yesterday, I did desire to speak for the Liberties of
the People of England; I was interrupted, I desire to know yet whether
I may speak freely or no.

_Lord President._ Sir, you have had the resolution of the Court upon
the like question the last day, and you were told that having such
charge of so high a nature against you, your work was, That you ought
to acknowledg the Jurisdiction of the Court, and to answer to your
Charge. Sir, if you answer to your Charge, which the Court gives you
leave now to do, though they might have taken the advantage of your
contempt; yet if you be able to answer to your Charge, when you have
once answered, you shall be heard at large, make the best Defence you
can: But, Sir, I must let you know from the Court, as their Commands,
that you are not permitted to issue out into any other Discourses, till
such time as you have given a positive answer concerning the matter
that is charged upon you.

_King._ For the Charge, I value it not a rush; it is the Liberty of the
People of England I stand for: For me to acknowledg a new Court, that I
never heard of before; I that am your King, that should be an Example
to all the People of England, to uphold Justice, to maintain the old
Laws; indeed I do not know how to do it. You spoke very well the first
day that I came here (on Saturday) of the Obligations that I had laid
upon me by God, to the maintenance of the Liberties of my People: the
same Obligation you spake of, I do acknowledg to God that I owe to him,
and to my People, to defend as much as in me lies the antient Laws of
the Kingdom. Therefore until that I may know that this is not against
the fundamental Laws of the Kingdom, by your favour, I can put in no
particular Answer. If you will give me time, I will shew you my Reasons
why I cannot do it; and thus——

Here being interrupted, he said,

By your favour, you ought not to interrupt me; how I came here I know
not; there’s no Law for it, to make your King your Prisoner. I was in a
Treaty upon the publick Faith of the Kingdom, that was the known—— two
Houses of Parliament, that was the Representative of the Kingdom; and
when that I had almost made an end of the Treaty, then I was hurried
away and brought hither, and therefore——

Here the _Lord President_ said, Sir, you must know the pleasure of the
Court.

_King._ By your Favour, Sir.

_Lord President._ Nay, Sir, by your favour, you may not be permitted
to fall into those Discourses: you appear as a Delinquent, you have
not acknowledged the Authority of the Court; the Court craves it
not of you, but once more they command you to give your positive
Answer.—Clerk, do your Duty.

_King._ Duty, Sir?

The Clerk reads a Paper, requiring the King to give a positive and
final Answer by way of confession or denial of the Charge.

_King._ Sir, I say again to you, so that I might give satisfaction
to the People of England of the clearness of my Proceedings, not by
way of answer, not in this way; but to satisfy them, that I have done
nothing against that trust that hath been committed to me, I would do
it: but to acknowledg a new Court against their Privilege, to alter the
fundamental Laws of the Kingdom, Sir, you must excuse me.

_Lord President._ Sir, This is the third time that you have publickly
disowned this Court, and put an affront upon it; how far you have
preserved the Privileges of the People, your Actions have spoke it: and
truly, Sir, Mens Intentions ought to be known by their Actions, you
have written your meaning in bloody Characters throughout the whole
Kingdom; but, Sir, you understand the pleasure of the Court.—Clerk,
record the Default.—And Gentlemen you that took charge of the
Prisoner, take him back again.

_King._ I will say this one word more to you; if it were my own
particular, I would not say any more, nor interrupt you.

_Lord President._ Sir, you have heard the pleasure of the Court, and
you are (notwithstanding you will not understand it) to find that you
are before a Court of Justice.

Then the King went forth with his Guard to Sir Robert Cotton’s House,
where he lay the last Night and this; and the Court adjourned till the
next day.


Wednesday, January 24.

The House this day only met and adjourned.

This day it was expected the High Court of Justice would have met in
Westminster-Hall about 10 of the Clock; but at the time appointed one
of the Ushers, by Direction of the Court, (then sitting in the Painted
Chamber,) gave notice to the People there assembled, That in regard the
Court was then upon the examination of Witnesses in relation to present
affairs in the Painted Chamber, they could not sit there, but to appear
upon further Summons.


January 25, 1648-9.

The Court taking into Consideration the whole matter in charge against
the King, passed these Votes following, as preparatory to the Sentence
against the King; but ordered that they should not be binding finally
to conclude the Court; viz.

“_Resolved upon the whole matter_, That this Court will proceed to
Sentence of Condemnation against Charles Stuart King of England.

“_Resolved, &c._ That the Condemnation of the King shall be for a
Tyrant, Traitor, and Murderer.

“_Resolved_, That the Condemnation of the King shall be likewise for
being a Publick Enemy to the Commonwealth of England.

“_Resolved_, That this Condemnation shall extend to Death.”

The Court adjourned it self till to morrow at one of the Clock in the
Afternoon.


January 26, 1648-9.

Here the Court sat private.

The Draught of a Sentence against the King, is according to the Votes
of the 25th instant prepared: and after several Readings, Debates, and
Amendments by the Court thereupon,

“_Resolved, &c._ That this Court do agree to the Sentence now read.

“_Resolved_, That the said Sentence shall be ingrossed: That the King
be brought to Westminster to morrow to receive his Sentence.”

The Court adjourn’d it self till the morrow at 10 of the Clock in the
morning to this place; the Court giving notice that they then intended
to adjourn from thence to Westminster-Hall.

The High Court for Trial of the King proceeded in the hearing of
Witnesses to prove the several parts of the Charge against him: some
proving that they saw him present at the setting up of his Standard;
others that they did see him in the Field in such and such Fights with
his Sword drawn, and so as in his Charge, &c. When he is next called,
if he plead, the Witnesses will be ready to speak _Viva voce_; and if
he still refuse to plead, ’tis probable the Court will give present
Sentence.


January 27, 1648-9. Post Merid.

Westminster-Hall.

The Lord President and the rest of the Commissioners come together
from the Painted Chamber to Westminster-Hall, according to their
adjournment, and take their Seats there, as formerly: and three
Proclamations being made for attendance and silence, the Court is
called. The Commissioners present.

       *       *       *       *       *

The Prisoner is brought to the Bar, and Proclamation is again (as
formerly) made for silence, and the Captain of the Guard ordered to
take into his Custody all such as should disturb the Court.

The President stood up, with an intention of address to the People, and
not to the Prisoner, who had so often declined the Jurisdiction of the
Court; which the Prisoner observing, moved he might be heard before
Judgment given, whereof he received assurance from the Court, and that
he should be heard after he heard them first.

Whereupon the President proceeded, and remembred the great Assembly
then present, of what had formerly passed betwixt the Court and
the Prisoner, the Charge against him in the name of the People of
England, exhibited to them, being a Court constituted by the Supreme
Authority of England; his refusal three several days and times to
own them as a Court, or to answer to the matter of his Charge; his
thrice recorded contumacy, and other his Contempts and Defaults in
the precedent Courts: upon which the Court then declared, that they
might not be wanting to themselves, or to the Trust reposed in them,
and that no Man’s wilfulness ought to serve him to prevent Justice,
That they had therefore thought fit to take the Substance of what
had passed into their serious consideration, to wit, the Charge, and
the Prisoner’s Contumacy; and the Confession which in Law doth arise
upon that Contumacy; the notoriety of the Fact charged, and other the
circumstances material in the Cause; and upon the whole matter, had
resolved and agreed upon a Sentence then ready to be pronounced against
the Prisoner. But that in regard of his desire to be further heard,
they were ready to hear him, as to any thing material which he would
offer to their consideration before the Sentence given, relating to
the defence of himself concerning the matter charged; and did then
signify so much to the Prisoner, who made use of that leave given,
only to protest his respects to the peace of the Kingdom, and liberty
of the Subject; and to say, That the same made him at last to desire,
that having somewhat to say that concerned both, he might before the
Sentence given be heard in the Painted Chamber before the Lords and
Commons; saying, It was fit to be heard, if it were Reason which he
should offer, whereof they were Judges: and pressing that point much,
he was forthwith answered by the Court, and told,

That that which he had moved, was a declining of the Jurisdiction of
the Court, whereof he had caution frequently before given him.

That it tended to further delay, of which he had been too much guilty.

That the Court being founded (as often had been said) upon the
Authority of the Commons of England, in whom rested the Supreme
Jurisdiction, the Motion tended to set up another, or a co-ordinate
Jurisdiction in derogation of the Power whereby the Court sat, and to
the manifest delay of their Justice, in which regard he was told they
might forthwith proceed to Sentence; yet for his further satisfaction
of the entire Pleasure and Judgment of the Court upon what he had then
said, he was told, and accordingly it was declared, that the Court
would withdraw half an hour.

The Prisoner by command being withdrawn, the Court make their recess
into the room called, The Court of Wards, considered of the Prisoner’s
Motion, and gave the President direction to declare their Dissent
thereto, and to proceed to the Sentence.

The Court being again set, and the Prisoner returned, was according to
their Direction informed, That he had in effect received his Answer
before the Court withdrew; and that their Judgment was (as to his
Motion) the same to him before declared, That the Court acted and were
Judges appointed by the highest Authority, and that Judges were not
to delay, no more than to deny Justice: That they were good words in
the great old Charter of England, _Nulli negabimus, nulli vendemus,
nulli deferemus Justitiam vel Rectum_: That their Duty called upon them
to avoid further delays, and to proceed to Judgment, which was their
unanimous Resolution.

Unto which the Prisoner replied, and insisted upon his former desires,
confessing a delay, but that it was important for the Peace of the
Kingdom, and therefore pressed again with much earnestness to be heard
before the Lords and Commons.

In answer whereto he was told by the Court, That they had fully before
considered of his Proposal, and must give him the same answer to his
renewed desires, that they were ready to proceed to Sentence, if he had
nothing more to say.

Whereunto he replied, he had no more to say, but desired that might be
entred which he had said.

Hereupon, after some Discourse used by the President, for vindicating
the Parliament’s Justice, explaining the nature of the Crimes of which
the Prisoner stood charged, and for which he was to be condemned; and
by way of exhortation of the Prisoner to a serious repentance for his
high Transgressions against God and the People, and to prepare for his
eternal Condition,

The Sentence formerly agreed upon and put down in Parchment writing, _O
Yes_ being first made for silence, was by the Court’s Command solemnly
pronounced and given. The Tenor whereof followeth:—


[Conclusion.]

Now therefore upon serious and mature Deliberation of the Premises, and
Consideration had of the notoriety of the matters of fact charged upon
him as aforesaid, this Court is in Judgment and Conscience satisfied
that he the said Charles Stuart is guilty of levying War against the
said Parliament and People, and maintaining and continuing the same;
for which in the said charge he stands accused, and by the general
Course of his Government, Counsels and Practices, before and since this
Parliament began (which have been and are notorious and publick, and
the effects whereof remain abundantly upon record) this Court is fully
satisfied in their Judgments and Consciences, that he has been and is
guilty of the wicked Designs and Endeavours in the said Charge set
forth; and that the said War hath been levyed, maintained and continued
by him as aforesaid, in prosecution, and for accomplishment of the
said Designs; and that he hath been and is the Occasioner, Author, and
Continuer of the said unnatural, cruel, and bloody Wars, and therein
guilty of High Treason, and of the Murders, Rapines, Burnings, Spoils,
Desolations, Damage and Mischief to this Nation acted and committed in
the said War, and occasioned thereby. For all which Treasons and Crimes
this Court doth adjudg, That he the said Charles Stuart, as a Tyrant,
Traitor, Murderer, and publick Enemy to the good People of this Nation,
shall be put to Death by severing of his Head from his Body.

       *       *       *       *       *

A more full account of this days Action take as follows, viz.:—

The King being come in his wonted Posture with his Hat on, some of
the Souldiers began to call for Justice, Justice, and Execution. But
silence being commanded, his Majesty began:

I desire a word to be heard a little, and I hope I shall give no
occasion of interruption.

The President answered,

You may answer in your time; hear the Court first.

His Majesty replied,

If it please you, Sir, I desire to be heard, and I shall not give any
occasion of interruption, and ’tis only in a word. A sudden Judgment——

_President._ Sir, you shall be heard in due time, but you are to hear
the Court first.

_King._ Sir, I desire it, it will be in order to what I believe the
Court will say; and therefore, Sir—— A hasty Judgment is not so soon
recalled.

_President._ Sir, you shall be heard before the Judgment be given; and
in the mean time you may forbear.

_King._ Well, Sir, shall I be heard before the Judgment be given?

_President._ Gentlemen, It is well known to all, or most of you
here present, That the Prisoner at the Bar hath been several times
convented and brought before this Court, to make answer to a Charge of
Treason, and other High Crimes exhibited against him in the name of
the People of England: To which Charge being required to answer, he
hath been so far from obeying the Commands of the Court, by submitting
to their Justice, that he began to take upon him to offer Reasoning
and Debate unto the Authority of the Court, and to the Highest Court
that appointed them to try and judg him: But being overruled in that,
and required to make his Answer, he was still pleased to continue
contumacious, and refuse to submit to answer. Hereupon the Court, that
they might not be wanting to themselves, nor the trust reposed in them,
nor that any Man’s wilfulness prevent Justice, they have thought fit to
take the matter into their Consideration; they have considered of the
Charge; they have considered of the Contumacy, and of that Confession
which in Law doth arise upon that Contumacy; they have likewise
considered of the notoriety of the Fact charged open the Prisoner; and
upon the whole matter they are resolved, and are agreed upon a Sentence
to be pronounced against the Prisoner, But in respect he doth desire
to be heard before the Sentence be read and pronounced, the Court hath
resolved that they will hear him.

Yet, Sir, thus much I must tell you beforehand, which you have been
minded of at other Courts, That if that which you have to say, be to
offer any debate concerning the Jurisdiction, you are not to be heard
in it: you have offered it formerly, and you have struck at the Root;
that is, the Power and Supream Authority of the Commons of England,
which this Court will not admit a debate of; and which indeed it is an
irrational thing in them to do, being a Court that acts upon Authority
derived from them. But, Sir, if you have any thing to say in defence
of your self concerning the matter charged, the Court hath given me in
command to let you know they will hear you.

_King._ Since I see that you will not hear any thing of debate
concerning that which I confess I thought most material for the peace
of the Kingdom, and for the liberty of the Subject, I shall wave it, I
shall speak nothing to it: But only I must tell you, That this many
a day all things have been taken away from me, but that that I call
dearer to me than my Life, which is my Conscience and my Honour. And
if I had a respect to my Life more than the Peace of the Kingdom, and
the Liberty of the Subject, certainly I should have made a particular
Defence for my self; for by that at leastwise I might have delayed an
ugly Sentence, which I believe will pass upon me. Therefore certainly
Sir, as a Man that hath some understanding, some knowledg of the World,
if that my true Zeal to my Country had not overborn the care that I
have for my own preservation, I should have gone another way to work
than that I have done.

Now, Sir, I conceive that an hasty Sentence once past may sooner be
repented of, than recalled: And truly the self-same desire that I have
for the peace of the Kingdom, and the liberty of the Subject, more
than my own particular ends, makes me now at last desire, That I have
something to say that concerns both, before Sentence be given, that I
may be heard in the Painted Chamber before the Lords and Commons. This
Delay cannot be prejudicial unto you, whatsoever I say. If that I say
be not Reason, those that hear me must be judg; I cannot be Judg of
that that I have. If it be Reason, and really for the welfare of the
Kingdom, and the Liberty of the Subject, I am sure on it it is very
well worth the hearing: Therefore I do conjure you, as you love that
that you pretend, (I hope it is real) the Liberty of the Subject, the
Peace of the Kingdom, that you will grant me this hearing before any
Sentence be past. I only desire this, That you will take this into your
Consideration; it may be you have not heard of it beforehand. If you
will, I will retire, and you may think of it: But if I cannot get this
Liberty, I do protest, That these fair shews of Liberty and Peace are
pure Shews, and that you will not hear your King.

_President._ Sir, you have now spoken.

_King._ Yes, Sir.

_President._ And this that you have said, is a further declining of
the Jurisdiction of this Court, which was the thing wherein you were
limited before.

_King._ Pray excuse me, Sir, for my interruption, because you mistake
me. It is not a declining of it; you do judg me before you hear me
speak. I say it will not, I do not decline it: tho I cannot acknowledg
the Jurisdiction of the Court, yet, Sir. in this give me leave to say
I would do it, tho I did not acknowledg it In this I do protest, it is
not the declining of it, since I say, if that I do say any thing but
that that is for the Peace of the Kingdom and Liberty of the Subject,
then the Shame is mine. Now I desire that you will take this into your
consideration: if you will I will withdraw.

_President._ Sir, this is not altogether new that you have moved to us,
not altogether new to us, tho the first time in Person you have offered
it to the Court. Sir, you say you do not decline the Jurisdiction of
the Court.

_King._ Not in this that I have said.

_President._ I understand you well, Sir; but nevertheless that which
you have offered, seems to be contrary to that Saying of yours, for
the Court are ready to give a Sentence. It is not, as you say, That
they will not hear the King, for they have been ready to hear you;
they have patiently waited your Pleasure for three Courts together to
hear what you would say to the Peoples Charge against you: To which
you have not vouchsafed to give any Answer at all. Sir, this tends
to a further delay. Truly Sir, such delays as these, neither may the
Kingdom nor Justice well bear. You have had three several days to
have offered in this kind what you would have pleased. This Court is
founded upon that Authority of the Commons of England, in whom rests
the Supreme Jurisdiction. That which you now tender, is to have another
Jurisdiction, and a co-ordinate Jurisdiction. I know very well you
express your self, Sir, that notwithstanding that you would offer to
the Lords and Commons in the Painted Chamber, yet nevertheless you
would proceed on here; I did hear you say so. But, Sir, that you would
offer there, whatever it is, must needs be in delay of the Justice
here; so that if this Court be resolved and prepared for the Sentence,
this that you offer, they are not bound to grant. But, Sir, according
to that you seem to desire, and because you shall know the further
pleasure of the Court upon that which you have moved, the Court will
withdraw for a time.

This he did to prevent disturbance.

_King._ Shall I withdraw?

_President._ Sir, you shall know the pleasure of the Court presently.

The Court withdraws for half an hour into the Court of Wards.

_Serjeant at Arms._ The Court gives command that the Prisoner be
withdrawn; and they give order for his return again.

After which they returned; and being sat, the President commanded,

Serjeant at Arms, send for your Prisoner; who being come, the President
proceeded.

Sir, You were pleased to make a Motion here to the Court to offer a
desire of yours touching the propounding of somewhat to the Lords and
Commons in the Painted Chamber for the Peace of the Kingdom. Sir, you
did in effect receive an answer before the Court adjourned: Truly,
Sir, their withdrawing and adjournment was _pro forma tantum_; for it
did not seem to them that there was any difficulty in the thing. They
have considered of what you have moved, and have considered of their
own Authority, which is founded, as it hath been often said, upon the
supreme Authority of the Commons of England assembled in Parliament.
The Court acts according to their Commission. Sir, the return I have
to you from the Court is this, That they have been too much delayed by
you already; and this that you now offer, hath occasioned some little
further delay; and they are Judges appointed by the highest Authority;
and Judges are no more to delay than they are to deny Justice: They
are good words in the Great Old Charter of England, _Nulli negabimus,
nulli vendemus, nulli deferemus Justitiam_. There must be no delay. But
the truth is, Sir, and so every man here observes it, that you have
much delayed them in your contempt and default, for which they might
long since have proceeded to Judgment against you; and notwithstanding
what you have offered, they are resolved to proceed to Sentence and to
Judgment, and that is their unanimous consent.

_King._ Sir, I know it is in vain for me to dispute; I am no Sceptick
for to deny the Power that you have, I know that you have Power enough.
Sir, I must confess I think it would have been for the Kingdom’s Peace,
if you would have taken the pains to have shewn the lawfulness of your
Power.

For this Delay that I have desired, I confess it is a Delay, but it
is a Delay very important for the Peace of the Kingdom: For it is not
my person that I look at alone, it is the Kingdom’s Welfare and the
Kingdom’s Peace.

It is an old Sentence, _That we should think on long before we resolve
on great matters suddenly_. Therefore, Sir, I do say again, that I
do put at your doors all the inconveniency of a hasty Sentence. I
confess I have been here now I think this week; this day 8 days was
the day I came here first: But a little delay of a day or two further
may give peace, whereas a hasty judgment may bring on that trouble and
perpetual inconveniency to the Kingdom, that the Child that is unborn
may repent it. And therefore again, out of the Duty I owe to God and to
my Country, I do desire that I may be heard by the Lords and Commons in
the Painted Chamber, or any other Chamber that you will appoint me.

_President._ You have been already answered to what you even now moved,
being the same you moved before, since the Resolution and the Judgment
of the Court in it; and the Court now requires to know whether you have
any more to say for your self than you have said, before they proceed
to Sentence.

_King._ I say this, Sir, That if you hear me, if you will give me but
this delay, I doubt not but I shall give some satisfaction to you all
here, and to my People after that; and therefore I do require you,
as you will answer it at the dreadful day of Judgment, that you will
consider it once again.

_President._ Sir, I have received Direction from the Court

_King._ Well, Sir.

_President._ If this must be reinforced, or anything of this nature,
your Answer must be the same, and they will proceed to Sentence, if you
have nothing more to say.

_King._ I have nothing more to say; but I shall desire that this may be
entred what I have said.

_President._ The Court then, Sir, hath something to say unto you, which
I know, altho I know it will be very unacceptable, yet notwithstanding
they are willing and resolved to discharge their Duty.

His Majesty answered, I would desire only one word before you give
Sentence, and that is, That you would hear me concerning those great
Imputations that you have laid to my Charge.

_President._ Sir, you must give me now leave to go on: for I am not far
from your Sentence, and your time is now past.

_King._ But I shall desire you will hear me a few words to you; for
truly, whatever Sentence you will put upon me, in respect of those
heavy imputations that I see by your Speech you have put upon me. Sir,
it is very true that—

_President._ Sir, I must put you in mind; Truly Sir, I would not
willingly, at this time especially, interrupt you in any thing you have
to say that is proper for us to admit of: But, Sir, you have not owned
us a a Court, and you look upon us as a sort of People met together,
and we know what Language we receive from your Party.

_King._ I know nothing of that.

_President._ You disavow us as a Court, and therefore for you to
address your self to us, and not to acknowledg us as a Court to judg
of what you say, it is not to be permitted. And the truth is, all
along from the first time you were pleased to disavow and disown us,
the Court needed not to have heard you one word; for unless they be
acknowledged a Court, and engaged, it is not proper for you to speak.
Sir, we have given you too much Liberty already, and admitted of too
much delay, and we may not admit of any further; were it proper for us
to do it, we should hear you freely; and we should not have declined
to have heard you at large, what you could have said or proved on your
behalf, whether for totally excusing, or for in part excusing those
great and hainous charges that in whole or in part are laid upon you.
But, Sir, I shall trouble you no longer; your Sins are of so large
a dimension, that if you do but seriously think of them, they will
drive you to a sad consideration, and they may improve in you a sad
and serious Repentance. And the Court doth heartily wish that you may
be so penitent for what you have done amiss, that God may have mercy
at leastwise on your better part. Truly, Sir, for the other, it is
our parts and duties to do that which the Law prescribes. We are not
here _Jus dare_, but _Jus dicere_: We cannot be unmindful of what the
Scripture tells us; for to acquit the Guilty is of equal abomination as
to condemn the Innocent. We may not acquit the guilty. What Sentence
the Law affirms to a Traitor, a Murderer, and a publick Enemy to the
Country, that Sentence you are now to hear read unto you, and that in
the Sentence of the Court.

Make an _O Yes_, and command silence while the Sentence is read.

Which done; the Clerk read the Sentence drawn up in Parchment:—

Whereas the Commons of England in Parliament had appointed them an
High Court of Justice, for the trial of Charles Stuart, King of
England, before whom he had been three times convented, and at the
first time a Charge of High Treason, and other Crimes and Misdemeanors
was read in the behalf of the Kingdom of England [Here the Charge
was repeated] which Charge being read unto him as aforesaid, he the
said Charles Stuart was required to give his answer, but he refused
so to do. [Expressing the several passages of his refusing in the
former Proceedings.] For all which Treasons and Crimes, this Court
doth adjudg, That he the said Charles Stuart, as a Tyrant, Traitor,
Murderer, and a publick Enemy, shall be put to death, by the severing
of his Head from his Body.

Which being read, the President added,

The Sentence now read, and published, is the Act, Sentence, Judgment,
and Resolution of the whole Court.

To which they all expressed their assent by standing up, as was before
agreed and ordered.

His Majesty then said,

Will you hear me a word, Sir?

_President._ Sir, you are not to be heard after the Sentence.

_King._ No, Sir?

_President._ No, Sir, by your favour, Sir. Guard, withdraw your
Prisoner.

_King._ I may speak after Sentence, by your favour, Sir, I may speak
after Sentence, ever. By your favour, hold: the Sentence, Sir—— I say
Sir, I do—I am not suffered to speak, expect what Justice other People
will have.

His Majesty being taken away by the Guard, as he passed down the
Stairs, the Soldiers scoffed at him, casting the smoke of their Tobacco
(a thing very distastful unto him) and throwing their Pipes in his way.

As he passed along, hearing the Rabble of Souldiers crying out,
_Justice, Justice_; he said, _Poor Souldiers, for a piece of Mony they
would do so for their Commanders_.

In the Evening a Member of the Army acquainted the Committee with his
Majesty’s desire, That seeing they had passed a Sentence of death
upon him, and his time being nigh, he might see his Children, and
Dr. Juxton, Bishop of London, might be admitted to assist him in his
private Devotions, and receiving the Sacrament. Both which were granted.

And the next day being Sunday, he was attended by the Guard to St.
James’s, where the Bishop preached before him upon these words, “In
the day when God shall judg the Secrets of all Men by Jesus Christ
according to my Gospel.”


January 29, 1648-9.

Upon Report made from the Committee for considering the time and place
of the executing of the Judgment against the King, the said Committee
have resolved, That the open Street before Whitehall, over against
the Banqueting-house, is a fit place, and that the said Committee
conceive it fit that the King be there executed to morrow, the King
having already notice thereof: The Court approved thereof, and ordered
a Warrant to be drawn for that purpose, which said Warrant was
accordingly drawn and agreed unto, and ordered to be ingrossed; which
was done, and signed and sealed accordingly as followeth, viz.:—

  “At the High Court of Justice for the trying and judging of CHARLES
  STUART King of England. Jan. 29, 1648, [1649.]

“Whereas Charles Stuart King of England is, and standeth convicted,
attainted, and condemned of High Treason, and other high Crimes; and
Sentence upon Saturday last was pronounced against him by this Court,
to be put to death by the severing of his Head from his Body; of which
Sentence, Execution yet remaineth to be done: These are therefore to
will and require you to see the said Sentence executed in the open
Street before Whitehall, upon the morrow, being the 30th day of this
instant Month of January, between the hours of 10 in the Morning,
and 5 in the afternoon of the same day, with full effect. And for so
doing, this shall be your sufficient Warrant. And these are to require
all Officers, Soldiers, and others, the good People of this Nation of
England, to be assisting unto you in this Service.

  “Given under our Hands and Seals.

  “_Sealed and subscribed by_

“John Bradshaw, Tho. Grey, Oliver Cromwell, Edward Whaley, Michael
Livesey, John Okey, John Danvers, John Bourcher, Henry Ireton, Tho.
Maleverer, John Blackiston, John Hutchinson, William Goffe, Tho. Pride,
Peter Temple, Tho. Harrison, John Huson, Henry Smith, Peregrine Pelham,
Simon Meyne, Tho. Horton, John Jones, John More, Hardress Waller,
Gilbert Millington, George Fleetwood, John Alured, Robert Lilburn,
William Say, Anthony Stapeley, Richard Deane, Robert Tichburne, Humphry
Edwards, Daniel Blagrave, Owen Roe, William Purefoy, Adrian Scroope,
James Temple, Augustine Garland, Edmond Ludlow, Henry Martin, Vincent
Potter, William Constable, Richard Ingoldsby, William Cawley, John
Barkstead, Isaac Ewers, John Dixwell, Valentine Walton, Gregory Norton,
Tho. Chaloner, Tho. Wogan, John Ven, Gregory Clement, John Downs, Tho.
Wayte, Tho. Scot, John Carew, Miles Corbet.

  “To Col. Francis Hacker, Col. Huncks,
  and Lieut. Col. Phray; and to every
  of them.”


Tuesday, January 30.

This Day his Majesty was brought from St. James’s about 10 in the
Morning, walking on foot through the Park, with a Regiment of Foot
for his Guard, with Colours flying, Drums beating, his private Guard
of Partizans, with some of his Gentlemen Before, and some behind,
bare-headed; Dr Juxton, late Bishop of London, next behind him,
and Col. Thomlinson (who had the charge of him) to the Gallery in
Whitehall, and so into the Cabinet-Chamber, where he used to lie,
where he continued at his Devotion, refusing to dine, (having before
taken the Sacrament,) only about 12 at Noon he drank a Glass of Claret
Wine, and eat a piece of Bread. From thence he was accompanied by Dr
Juxton, Col. Thomlinson, Col. Hacker, and the Guards before-mentioned,
through the Banquetting-House, adjoining to which the Scaffold was
erected, between Whitehall-Gate, and the Gate leading into the Gallery
from St James’s. The Scaffold was hung round with black, and the Floor
covered with black, and the Ax and Block laid in the middle of the
Scaffold. There were divers Companies of Foot and Horse on every side
the Scaffold, and the Multitudes of People that came to be Spectators
were very great. The King making a pass upon the Scaffold, look’d very
earnestly on the Block, and asked Col. Hacker if there were no higher;
and then spake thus, directing his Speech to the Gentlemen on the
Scaffold.

_King._ I shall be very little heard of any Body here, I shall
therefore speak a word unto you here. Indeed I could hold my peace very
well, if I did not think that holding my Peace would make some Men
think that I did submit to the Guilt, as well as to the Punishment, But
I think it is my Duty to God first, and to my Country, for to clear
my self both as an honest Man, a good King, and a good Christian. I
shall begin first with my Innocency: In truth, I think it not very
needful for me to insist long upon this, for all the World knows I
never did begin the War with the two Houses of Parliament; and I call
God to witness (to whom I must shortly make an account) that I never
did intend to incroach upon their Privileges. They began upon me: It is
the Militia they began upon; they confest that the Militia was mine,
but they thought it fit to have it from me: And to be short, if any
Body will look but to the Dates of the Commissions, their Commissions
and mine, and likewise to the Declarations, will see clearly that they
began these unhappy Troubles, not I. So that as to the guilt of these
enormous Crimes that are laid against me, I hope in God, that God will
clear me of it; I will not, I’m in Charity: God forbid that I should
lay it upon the two Houses of Parliament; there is no necessity of
either, I hope they are free of this guilt: for I believe that ill
Instruments between them and me, has been the chief Cause of all this
Bloodshed; so that by way of speaking, as I find my self clear of this,
I hope (and pray God) that they may too: yet for all this God forbid
that I should be so ill a Christian, as not to say that God’s Judgments
are just upon me; many times he does pay Justice by an unjust Sentence,
that is ordinary: I only say this, that an unjust Sentence (meaning
Strafford) that I suffered to take effect, is punished now by an unjust
Sentence upon me; that is, so far I have said to shew you that I am an
innocent Man. Now for to shew you that I am a good Christian. I hope
there is (pointing to Dr Juxton) a good Man that will bear me witness.
That I have forgiven all the world, and even those in particular that
have been the chief Causers of my death; who they are God knows, I
do not desire to know, I pray God forgive them. But this is not all,
my Charity must go further; I wish that they may repent: for indeed
they have committed a great Sin in that particular; I pray God with
St Stephen, that this be not laid to their Charge; nay not only so,
but that they may take the right way to the peace of the Kingdom, for
Charity commands me not only to forgive particular Men, but my Charity
commands me to endeavour to the last gasp the peace of the Kingdom. So,
Sirs, I do wish with all my Soul, and I do hope there is some here will
carry it further, that they may endeavour the peace of the Kingdom.
Now, Sirs, I must shew you both how you are out of the way, and I will
put you in the way: First you are out of the way; for certainly all
the way you ever have had yet, as I could find by any thing, is in the
way of Conquest. Certainly this is an ill way; for Conquest, Sirs, in
my opinion is never just, except there be a good just Cause, either
for matter of wrong, or just Title; and then if you go beyond it, the
first quarrel that you have to it, that makes it unjust at the end,
that was just at first: But if it be only matter of Conquest, then it
is a great Robbery. As a Pirate said to Alexander the Great, That he
was the great Robber, he was but a petty Robber: and so, Sirs, I do
think the way you are in, is much out of the way. Now, Sirs, for to
put you in the way; believe it, you will never do right, nor God will
never prosper you, until you give him his due, the King his due (that
is my successors) and the People their due, I am as much for them as
any of you: You must give God his due, by regulating rightly his Church
(according to his Scriptures) which is now out of order: for to set
you in a way particularly, now I cannot; but only this. A National
Synod freely called, freely debating among themselves, must settle
this, when that every opinion is freely and clearly heard. For the King
indeed I will not (then turning to a Gentleman that touched the Ax,
he said, Hurt not the Ax that may hurt me.) As for the King, the Laws
of the Land will clearly instruct you for that; therefore because it
concerns my own particular, I will only give you a touch of it. For the
People: And truly I desire their Liberty and Freedom, as much as any
Body whomsoever; but I must tell you, That their Liberty and Freedom
consists in having of Government, those Laws by which their Life and
their Goods may be most their own. It is not for having share in
Government (Sirs) that is nothing pertaining to them. A Subject and a
Soveraign are clean different things; and therefore until they do that,
I mean, That you do put the People in that Liberty as I say, certainly
they will never enjoy themselves. Sirs, it was for this that now I am
come here. If I would have given way to an Arbitrary Way, for to have
all Laws changed according to the Power of the Sword, I needed not to
have come here; and therefore I tell you (and I pray God it be not laid
to your Charge) that I am the Martyr of the People. In troth, Sirs, I
shall not hold you much longer: For I will only say this to you, That
in truth I could have desired some little time longer, because that
I would have put this that I have said in a little more order, and a
little better digested, than I have done; and therefore I hope you will
excuse me. I have delivered my Conscience, I pray God that you take
these Courses that are best for the good of the Kingdom and your own
Salvation.

_Dr Juxton._ Will your Majesty, though it may be very well known your
Majesty’s Affections to Religion; yet it may be expected that you
should say somewhat for the World’s satisfaction in that particular.

_King._ I thank you very heartily, my Lord, for that I had almost
forgotten it. In troth, Sirs, my Conscience in Religion I think is very
well known to the World; and therefore I declare before you all, That I
die a Christian according to the Profession of the Church of England,
as I found it left me by my Father; and this honest Man (meaning
the Bishop) I think will witness it. Then turning to the Officers,
said, Sirs, excuse me for this same, I have a good Cause, and I have
a gracious God: I will say no more. Then turning to Col. Hacker, he
said, Take care they do not put me to pain—and Sir, this and it please
you—But then a Gentleman coming near the Ax, the King said, Take heed
of the Ax, pray take heed of the Ax. Then the King speaking to the
Executioner said, I shall say but very short Prayers, and then thrust
out my hands. Then the King called to Dr Juxton for his Nightcap; and
having put it on, he said to the Executioner, Does my hair trouble
you? who desired him to put it all under his Cap, which the King did
accordingly by the help of the Executioner and the Bishop. Then the
King turning to Dr Juxton, said, I have a good Cause, and a gracious
God on my side.

_Dr Juxton._ There is but one Stage more: This Stage is turbulent and
troublesom. It is a short one. But you may consider, it will soon carry
you a very great way; it will carry you from Earth to Heaven, and there
you shall find to your great joy the Prize; you haste to a Crown of
Glory.

_King._ I go from a corruptible to an incorruptible Crown, where no
disturbance can be.

_Dr Juxton._ You are exchanged from a temporal to an eternal Crown, a
good exchange.

Then the King took off his Cloak and his George, giving his George to
Dr Juxton, saying, _Remember_, (it is thought for the Prince) and some
other small Ceremonies past. After which the King stooping down, laid
his Neck upon the Block; and after a little pause, stretching forth his
hands, the Executioner at one blow severed his Head from his Body. Then
his Body was put in a Coffin, covered with black Velvet, and removed to
his Lodging-Chamber in Whitehall. Being imbalmed and laid in a Coffin
of Lead to be seen for some days, at length upon Wednesday the 17th of
February, it was delivered to four of his servants, Herbert, Mildmay,
Preston, and Joyner, who with some others in mourning Equipage attended
the Herse that night to Windsor, and placed it in the Room which was
formerly the King’s Bedchamber.

Next day it was removed into the Deans Hall, which was hung with black,
and made dark, and Lights were set burning round the Herse. About
three in the afternoon the Duke of Richmond, the Marquess of Hartford,
the Earls of Southampton and Lindsey, and the Bishop of London, came
thither, with two Votes passed that Morning, whereby the ordering of
the King’s Burial was committed to the Duke, provided that the Expences
thereof exceeded not £500. This Order they shewed to Col. Whichcot
the Governor of the Castle, desiring the Interment might be in St
George’s Chappel, and according to the form of the Common Prayer: The
latter Request the Governor denied, saying, That it was improbable the
Parliament would permit the use of what they had so solemnly abolished,
and therein destroy their own Act.

The Lords replied,

That there was a difference betwixt destroying their own Act, and
dispensing with it; and that no Power so binds its own hands, as to
disable it self in some Cases. But all prevailed not.

The Committee to whom the ensuing Proclamation was referred made report
hereof, and the House assented to the same: Here take it at large.

“Whereas Charles Stuart King of England, being for the notorious
Treasons, Tyrannies and Murders committed by him in the late unnatural
and cruel Wars, condemned to death; whereupon after execution of
the same, several Pretences may be made, and Titles set on foot
unto the Kingly Office, to the apparent hazard of the public Peace:
For prevention whereof, Be it enacted and ordained by this present
Parliament, and by Authority of the same, That no Person or Persons
whatsoever do presume to proclaim, declare, publish, or any way promote
Charles Stuart, Son of the said Charles, commonly called the Prince of
Wales, or any other Person, to be King or Chief Magistrate of England,
or of Ireland, or of any the Dominions belonging to them, or either
of them, by colour of Inheritance, Succession, Election, or any other
Claim whatsoever, without the free Consent of the People in Parliament
first had and signified by a particular Act or Ordinance for that
purpose; any Statute, Law, Usage, or Custom to the contrary hereof in
anywise notwithstanding.

“And be it further enacted and ordained, and it is hereby enacted
and ordained, That whosoever shall, contrary to this Act, proclaim,
declare, publish, or any way promote the said Charles Stuart the Son,
or any other Person, to be King, or Chief Magistrate of England, or of
Ireland, or of any the Dominions belonging to them, or to either of
them, without the said consent in Parliament signified as aforesaid,
shall be deemed and adjudged a Traitor to the Commonwealth, and shall
suffer the pains of Death, and such other Punishments as belong to
Crimes of High Treason. And all Officers as well Civil as Military,
and all other well-affected Persons are hereby authorised and required
forthwith to apprehend all such Offenders, and to bring them in safe
Custody to the next Justice of the Peace, that they may be proceeded
against accordingly.”

       *       *       *       *       *

8. _Excerpts from Balfour’s Annales of Scotland._

9 Martij, 1649.—The parliament past a most strange acte this mounthe,
abolishing the patronages of kirkes, wich pertined to laymen since euer
Christianity was planted in Scotland. Francis, Earle of Balcleuche,
and some others, protested aganist this acte as vrangous, and all
togider derogatorey to the just rights of the nobility and gentrey
of the kingdome of Scotland, and so departed the parl: housse. Bot
current was carried for the presbeteries and churche way, in respecte
Argyle, the Chanceler, and Arch: Johnston, the kirks minon, durst doe
no wtherwayes, lest the leaders of the church should desert them, and
leaue them to stand one ther auen feeitt, wich without the church non
of them could weill doe.

This notable pranke in effecte resembles muche the 14 Grauamen wich
Germaney did exhibit, Reg: Carol: 5, to Pope Adrian, amongest the
abusses of the Roman sea, that the Pope and his Legats vsurped the
right of patronage belonging to layicks, and dispensed them benefices
vaccand to his fauorits and abettors, contrarey to law, right and reall
possession, tyme out past all memorey and prescription; vich wold proue
in tyme the ruine of the Catholick church; bot lykwayes wold sturre vpe
maney enimies aganist the Roman churche, in doing so publicke ane acte
of iniustice, quherin so many persones (layicks) of all degrees were
intressed.

And this acte, to make it the more spetious, they colored it with the
liberty of the people to choysse ther auen ministers; zet the generall
assembley holdin at Edinbrughe, in the mounthes of Julij and Agust,
this same zeire, made a werey sore mint to haue snatcht this shadow
from the people, (notwithstanding ther former pretences,) colationed
the sole pouer one the presbeteries, and oute-foolled the people of
that right they formerly pretended did only and especially belonge to
them, _jure diuino_; as according to the new deuinitey of thesse tymes,
till the acte was past, bothe the leaders and ther creture Jhonston,
pleaded with all the forcible arguments wrested Scripture could
produce, to procure ther auen ends and gratnes, wiche tyme will not
faill heirafter fully to discouer to a wronged posterity.

       *       *       *       *       *

The parliament, one ther former sentence of forfaultrey against George,
Marques of Huntley, ordained hes head to be choped off from hes bodey,
at the crosse of Edinbrughe, one Thursday, the 22 of Marche, this
zeire; wich wes performed. He wold not be relaxed from the sentence of
excomunicatione, &c. His corpes wer carried to Settone, to be interrid
ther in the comon buriall of that family, from wich himselue had
issewed.

The first exchequer day that was holdin after the ryssing of the
parliament, in the end of Marche this zeire, the Chanceler, Loudon, had
3 gifts past; the signators quherof wer wnder K. Charles the Firsts
hand.

1. His haill lands wich wer hold in ward and releiffe (for most of them
wer so) changed, and holdin blenche, for payment of a read rosse.

2. A gift, _durante vita_, of the shriffschipe of Aire, altho gifts of
this same nature wer declared woyde in this same parl:

3. A gift to him and hes heires of the balzirie of Kyle. It seimes
that thesse 3 signaturs now past, wer a pairt of that recompence for
wiche he betrayed the King to his enimies, and the countrey to its
oppressors; for indeid he played notoriously with bothe handes. And
being president of that parl: 1648, wes the only man, by his longe
oratione, that most wrged and moued that ingagement against England,
for the Kings releiffe, wich he therafter disclaimed, and persecutted
all vthers quhom himselue had persuaded to contenance and enacte thesse
lawes himselue first did brak, enacte, and repealle; quhen as he had
bound himselue, both by word, othe, and wreat, to the Kings Maiesty, at
the Ile of Wight, being then one of the commissioners of the kingdome
of Scotland. At the parl: 1648, he maid a longe oration, most bitter
and invectiue, against the Englishe, calling them a periured natione,
oppressors and murthers of ther King, heretiques, sectaries, enimies
to monarchey, breckers of leauge and couenant. To most of the actes of
this parl: he consented, especially to the leuey, and all of them he
subscriued with his auen hand, (being president therof); bot about the
end of the same, he begane to appeir in his auen colors, quhen as that
parl: and the commissione of the kirke could not aggrie one certaine
poynts, imediatly after Ducke Hamilton was enacted to be generall of
the armey. Bot in this parl: Jarij: 1649, he spoke als muche aganist
that wich formerly he had plotted and contriued, as was sufficient to
lett understanding men know, that now he labored to put him of the way,
quho only could call him to ane accompt for hes periurey and fallsse
packing.

To remember how with aboundance of teares the L. Chanceler made his
repentance in the East Churche of Edinbrughe, declaring so much of
hes former honest dealling to the people, as he weill knew eurey one
vnderstood; and this wes done to pleasse some of the leading ministers,
(quho wer now leading this penitent in triumphe,) and causing him sing
peccaui, to bleare the eyes of the comons; he can veill preuaricat with
men quho takes him to be the L. Chanceler of Scotland, bot with God he
cannot, quho knowes him to be a heighland man bothe in lyffe and maners.

To remember, how in the preceding zeire, 1648, the Marquesse of Argyle
and the E. of Craufurd, vent out to Muskillbroughe Links to fight the
combat The E. of Lanricke wes second to Craufurd, and L. Col. James
Innes of Sandsyde, wes 2d to Argyle; all that wes one them could not
make Argyle to fight, till he saw L. Colonell Haddan, the Chancelers
man, come in to pertey them. Then was he something stoute, and refussed
to subscriue that paper, wich he wold haue formerly done (I belieue
against his will,) bot had beine forced ather to doe it or ells to cast
offe his doublett and boottes, wich he wes wounderous lothe to doe,
in respecte of the coldnesse of the wether. For this grate escape,
Argyle became a werey humble peinitent to the committie of the kirke,
acknouledging this foulishe acte of his to be a scriptuall disertione.
Vpone this imergent, the ensewing generall assembly made ane acte
of the 12 of Agust, 1648, aganist duells, vretters and receauers of
challanges and chartells, that without respecte of persons they shall
be processed with the censures of the kirke, and make ther repentence
befor the pullpit, &c. tuo seuerall Lordes dayes. The first day, the
minister is to shew them ther sin and the gratenes of ther offence;
and the 2d day, they are to make a soleme publicke confessione therof,
and professione of ther vnfained humiliatione and repentance for the
same; and if they refusse to zeild obedience, them to be processed with
excommunicatione.

       *       *       *       *       *

29 Julij, 1649. To remember how that one Mr Naysmithe, a minister
at this generall assembley, argued much to haue the haill teinds to
the churche, and wes opposed by the Marquesse of Argyle and Earle of
Cassiles, with all the lay elders, as a propositione muche scandalizing
the professione and ther often promisses, zea, (said some,) a thing
not belonging to them. Bot Naysmithe, werey impudently and affrintedly
affirmed, that it must be manteind that the teinds did belong to
the churche, _jure diuino_. Argyle ansuered, wee must manteine the
contrarey, with all our pouer, of that falls opinione of yours.
Cassiles said, the more ze gett, the worsse contented you are; bot in
this ze haue nather diuinity wnder the gospell for the same, nather
ressone or aney poynt of humane law. Then, said Argyle, the churche hes
alredey the 10 of all the rent of the land, zet it seime they are not
content, nather are they the 30 pt. of the inhabitants, I may say not
the 100 pairt: it is not good to awalkin sleiping doges. The moderator,
Mr Rob: Douglas, said that hes brother, Mr Nasmythe, spoke mor rashlie
then he was awarre offe; and he admired he was so impertinent, and
therefore willed him to be quyet; bot Nasmythe replyed, he only spoke
out that wich maney more of that number of hes professione thought:
some lay elders, that wer barrons, sitting by him, desyred him to burey
that, wtherwayes they wold make the suorde decyde that questione, and
lett him and all suche couetous persons see that teindes wer not wnder
the gospell _juris diuini_, bot _juris humani_. So you see how Nasmythe
did sing, the shamefast caroll, in face of the assembley, in name of
hes brethrein.

Julij, 1649.—In the generall assembley, haldin at Edinbrughe, in Julij
this zeire, ther wer werey maney ministers depossed, for manteining the
last expeditione into England to be lawfull, for reliffe of our King,
quhome thesse bloodie blasphemers hes since killed, contrarey to the
Soleme Leauge and Couenant with that perfidious natione; amongest quhom
wer Mr Androw Ramsay and Mr William Collin, ministers of Edinbrughe,
tuo learnid and worthey men; they wer much regraitted by honest men,
and thesse quho treulie loued peace and treuthe. Bot the current of the
tymes went so, that in respecte they wold not dance to the play of the
leaders, Douglas, Dicksone, Cant, Guthrie, and Law, they wer deposed
from the ministeriall office, quhen as one of them, viz. Mr Androw
Ramsay, hed beine ane actuall minister aboue 53 zeires, quherof he had
seruid in Edinbrughe 36 of the same.

L. Generall Mideltone went werey neir at this assembley to be
excommunicat, wer not he compeired and spoke boldly for himselue,
and hardly got 4 monthes to adwysse quhither he wold subscriue that
declaratione emitted by the assembley anent the ingagers or not.

30 Julij, 1649.—Memorandum.—To be resolued of this doubte, viz. that
since all the malignants of the kingdome did auer that James Grhames
succes and prosperous fortune in so maney batells winne be him, did
cleirly demonstrat Gods fauor to him, and the goodnes of hes causse,
(wich by the precisse pairty) was thought the only not to know a
malignant by, in that they manteined and fauored so vnchristian and
Turkishe ane oppinon; as if the goodnes and lawfullnes of the causse
dependit altogider one the successe.

And now, since Julij last, 1649, and the Whigamore road, the face of
gouerniment being changed and put in other hands, and the kirke now
asspyring to so grate a height and triumphe, all ther papers, actes
almost, and declarations bothe of churche and stait, runs with that
same clausse, viz. aganist all wich, not only eminent testimonies of
Gods wrath haue beine giuen, in defaitting of them, &c. meining the
Englishe engagement, bot especiallay the course perseued by the Earle
of Lanrick, George Monro, at Sipling and Pluscardey, and ther adherents
in the northe.

The blasphemers and sectaries, in England, from ther bygaine prosperous
successe in all ther impious and wicked actions aganist Gods treuth,
diuyne and humaine lawes, wich they haue trampled wnder footte, affirme
in al ther declarations, lykwayes, to be the only causse quhay the
Lord fauors them in all ther interprysses aganist the wicked (as the
call all suche quho are not of ther mynd and oppinione) within the 3
kingdomes, naming themselues, and all wthers sectaries and blasphemers
of ther stampe, the godlie and the saintes; quhen, indeid, all ther
actions are not only illegall, bot most irreligious and impious, both
contrarey to lawes of God and men; themselues being tainted with all
the hainous sins and impieties quherwith aney heathin nation hath
beine branded, euen Sodome itselue; if periurey couenant breaking,
hipocrasie, ambition, couetousnes and all sortes of blasphemies, in the
heighest degre, aganist the blessed trinitie, can be them be accompted
sins.

Suche are the now sants that oppresses Gods people in thesse kingdomes,
and all wnder the color and pretext of concience, and clocke of
religione.




1649.


9. _Excerpts from the Chronicle of Fife, being the Diary of John Lamont
of Newton._

Mar. 17.—The comissioners of this kingdome sent to Hollande to treatte
with our forsaide K. majestie, viz. the E. of Cassells, &c. Barron,
a burges, and two ministers, namly, Mr James Wood, m. of St Androus,
and Mr Robert Baillie, minist. of Glasgowe, shipped in att Kirkekaldie
in Jhone Gillespie’s shipe, and loused on Saterday the 17 of the said
instant, at night; they returned to this kingdome the 11 of Jun. 1649,
mutch unsatisfied.

Mar. 9.—Duke Hamilton was beheaded att London by the sectaries ther,
as also the Earle of Hollande, and the Lord Capell, that same day
also. The said Duke Hamilton, upon the scaffolde, confessed, 1. That
his religion was according to the church of Scotland; that he ever had
beine loyall to the leate king, and wished weill to his posteritie;
that none more att all tymes desired the peace and happines of this
and the other kingdomes than himselfe. 2. That his coming in with the
late armie to England was out of no treasonable or ill intent, bot for
the ends contained in the committee of Scotlands declaratione, and
what he did was as a servant to the parliament and kingdome; that, in
that employment, nixt to the settling of religion, the establishing of
the king was his greatest aime. 3. That he wished his blood, in order
to the peace of the kingdome, might be the last that soulde be spilt.
4. That he had beine severall tymes wrought upon to confesse who had
invited the Scots armie to come in, bot this he hath not done att all,
nether then, or any other tyme, though, if he had, its conceived it
woulde probably have saved his life. His corps afterwarde werre brought
downe by sea to Hamiltone, where they werre interred.

Mar.—There was ane act reade in the parliament of Englande for taking
away kingly government for the tyme to come in that kingdome. As also,
ane other act for dissolving the house of peers in parliament. And a 3.
that all priviledge might be taken away from noblemen ther, and ther
persons made as lyable to the law as any commoner of Englande.

Mar. 22.—The Marquesse of Huntlie, in the north, (being condemned by
the forsaid parliament,) was beheaded at the crosse of Edenbroughe. He
died blockishlie, not being relaxed of his excommunicatione; his corps
afterwarde werre caried by sea to the north, to be interred ther.

Mar.—Ther was ane insurrectione in the north parts of this kingdome,
so that the garisone of Endernesse was surprised, and the walls of the
towne throwen downe; and upon this, David Lesley went north with some
troupes of horse and foote, to suppresse them. In May 1649, following,
ther was 800 men taken prisoners, amonge whom was the Lord Rea, and
some other gentlemen of the name of Makkeinzey (wha werre caried to
Edenbroughe), and some killed. Upon this overthrowe, the rest laid
downe ther armes, so that ther lives and fortuns, were grāted to them,
which was done.

This summer ther was very many Witchˢ taken and brunt in severall
parts of this kingd. as in Lothian and in Fyfe, viz. in Enderkething,
Aberdoure, Bruntellande, Doysert, Dumfermling.

July 4.—The Generall Assemb. of this kingdome satte att Edenbrough,
where Mr Robert Douglas, minister of Edenbd. was moderator. At this
Assemb. ther werre severall ministers deposed, as Mr Andro Ramsay and
Mr William Colen, both ministers of Edenbrough, and divers others. Ther
was ane act made declaring the way of receiving the officers that had
ane hand in the engagement against England, 1648: All these that werre
above louetenants werre to come before the commission of the kirke that
satte att Edenbd. and to be receaved by them; and these that werre
beneath loueten. werre referred to the severall presbetries wherein
they lived, to give satisfaction ther. Att the closure of this forsaid
act, ther was a declaration printed, that was apointed to be subscribed
by them all, under the paine of excommunicatione. Ther was a large
declaration printed, appointed to be read in the severall kirks of this
kingdome.

Att this meiting ther werre severall noblemen of this kingdome that
did supplicat to be receaved to the Covenant, as the L. Ogilbie,
Quensberry, Kenmure, etc. During the sitting of this Assemb. the
visitatione of the Universitie of St Androus satt, where D. Barron,
Provest of the Old Colledge, his willingnesse (provyding maintynance
werre granted to him,) to dimitt his place was accepted, and sufficient
maintinance during his life was allowed to him by the Assembley; and
Mr Ro. Nory, professor of Humanitie in St Leonards colledge, wha aymed
to have the precedencie of all the regents there, was declared to be
posterior to them all: Mr Thomas Gleige, also in the Old Colledge,
dimitted his place. Ther was something (in the Assemb.) spoken against
the meason word, which was recommended to the severall presbetries
for tryall therof. This Assemb. satt from the 4 of July to the 6 of
August. Moreover, many of the shyres of the kingdome werre apointed to
be visited, and the severall kirke session bookes to be revised by the
persons concerned.

August 16.—Mr Robert Weyms (a Sant Androus man borne), was placed
minister of the Ellie, in the presbetrey of St Androus. The said day Mr
Patrik Skugall, minister of Leuchars, did preach. The Laird of Ardrose
(being patron of the parish, and ther present,) gott not libertie
to give him the right hand of felloshipe att his admission, (as the
custome is), because under censure for the leate engagement against
Englande.

(From the middest of Sept. to the middest of October.)—The Visitation
apointed (by the forsaide Generall Assemblie), for Angus and Mernes,
satte at the places apointed. Att which meitting Mr Andro Cant,
minister att Aberdeine, was moderator. The visitators apointed to
severall actaul ministers texts that they might heare them, some of
which had beine in the ministrie for the space of 20 or 24 yeares.
During the sitting of this meitting, ther was about eghteine ministers
deposed, and five suspended, (two of which number did apeale to the
Gener. Assemb.) The causes of ther depositiones werre, insufficiencie
for the ministrie; famishing of congregations; silence in the tyme
of the leatte engagement against Englande; corruptions in life and
doctrine; malignancie, drūkenes, and subscriving of a divisive
band, and such like. At this tyme, Mr James Laumonth, minister in
Kinnettells, was deposed; and Mr Johne Lyndsay, ane olde man, was
deposed, for adultrie and fornicatione, which werre proven against him.
They purposed againe to returne thither in March 1650.

Oct.—Mr James Carmichaell, minister of Kleishe, in the presbetrey of
Dumfermling, was deposed by that presbetrey, for insufficiencie.

Novemb.—The commission of the kirke satt at Edenbroughe, where Mr
James Guthrie, minister of Lawder, was appointed to be transported to
Sterling; Mr David Forret, and Mr James Sharpe, werre sutted be the
towne of Edenbroughe, bot were refused; and Mr Harie Raymoure, m. of
Carnebie, being desired be the towne of Duns, was appointed to remaine
att his owne charge.—All thir three werre of the presbetrey of St
Androus, in Fyfe.

Novemb.—Mr George Wynram, of Libberton, in Louthian, was sent, with
a comission from the estates of this kingdome, to our king, now leyen
at the iylles of Jernsey and Gernsey, upon the coast of France, bot
pertaining to the crowne of England.—He returned about the end of
January 1650.

The Lord Linton, eldest sonne to the Earle of Traquare, maried the Lady
Seaton, (daughter to the leatte Marquesse of Huntlie, that was executt
at the crosse of Edenbroughe the forsaid yeare, as is spoken before,)
a woman excommunicat by the church of Scotlande for being a papist.
The minister of Daicke, being ane olde man, did marie thir forsaid
persons privatlie, without proclamatione of ther bands, according to
the custome, for which, shortlie after, he was excommunicate, and his
church declared vacane, and he, by the state, banished.

Decemb.—Ane Mistris Hendersone, sister to Fordell Hendersone, in the
presbetrey of Dumfermling, (sometymes Lady of Pittaro,) being debated
by many to be a Witch, was apprehended and caried to Edenbroughe,
wher she was keiped fast; and after her remaining in prison for a
tyme, being in health att night, upon the morne was founde dead. It
was thought, and spoken by many, that she wronged her selfe, ether by
strangling or by poyson; but we leave that to the judgement of the
great day.

Decemb.—Ane act of parliament, discharging the going up and downe of
sturdie beggars through this kingdome, and appointing every parish to
entertaine ther owne poore, etc. This day, this act was reade by the
minister of the church of Largo, and apointed to be reade through the
severall churches of this kingdome.

By the comission of the Gener. Assemb. sitting at Edenbroughe, the
Earle of Abercorne and the Lord Gray, both being papists, were
excommunicate, and the Earle of Abercorne (whose surname if Hamiltone,)
was apointed to remove himselfe from off this kingdome.




IX MARTII.

_Act abolishing the Patronages of Kirks._[423]


The Estates of Parliament being sensible of the great obligation that
layes upon them by the Nationall Covenant, and by the Solemn League
and Covenant, and by many deliverances and mercies from God, And by
the late solemn engagement unto duties, To preserve the Doctrine, and
maintain and vindicate the Liberties of the Kirk of Scotland, and to
advance the Work of Reformation therein, to the utmost of their power;
And considering that Patronages, and Presentations of Kirks, is an
evill and bondage, under which the Lords people and Ministers of this
land have long groaned, and that it hath no warrant in Gods word,
but is founded onely on the Canon law, and is a custome Popish, and
brought into the Kirk in time of ignorance and superstition, And that
the same is contrary to the second book of Discipline, in which upon
solid and good ground, it is reckoned among abuses that are desired
to be reformed, and unto severall Acts of Generall Assemblies, And
that it is prejudiciall to the liberty of the people, and planting of
Kirks, and unto the free calling and entrie of Ministers unto their
charge. And the saids Estates being willing and desirous to promove
and advance the Reformation foresaid, That everie thing in the house
of God may be ordered according to his Word and Commandement, Doe
therefore from the sense of the former obligations, and upon the former
grounds and reasons discharge for ever hereafter, All Patronages
and Presentations of Kirks, whither belonging to the King or to any
Laick Patrone, Presbytries or others within this Kingdome, as being
unlawfull and unwarrantable by Gods Word, and contrary to the Doctrine
and Liberties of this Kirk; And doe repeal, rescind, make voyd, and
annull all gifts and rights granted thereanent, And all former Acts
made in Parliament, or in any inferiour Judicatory in favours of any
Patrone or Patrones whatsoever, So farre as the same doth or may
relate unto the Presentation of Kirks, And doth statute and ordain
that no person or persons whatsomever shall at any time hereafter take
upon them under pretext of any Title, Infeftment, Act of Parliament,
Possession, or Warrant whatsoever, which are hereby repealed, to give
Subscrive, or Seal any Presentation to any Kirk within this Kingdom:
And Discharges the passing of any infeftments hereafter bearing a
right to Patronages to be granted in favours of these for whom the
Infeftments are presented; And that no person or persons shall either
in the behalfe of themselves or others, procure, receive, or make
use of any Presentation to any Kirk within this Kingdome: And it is
farther Declared and Ordained that if any Presentation shall hereafter
be given, procured, or received, that the same is null and of no
effect, and that it is lawfull for Presbytries to reject the same,
and to refuse to admit any to trialls thereupon, and notwithstanding
thereof to proceed to the planting of the Kirk upon the sute and
calling, or with the consent of the congregation, on whom none is
to be obtruded against their will. And it is Decerned, statute, and
Ordained, That whosoever hereafter shall upon the suit and calling
of the congregation, after due examination of their literature and
conversation, be admitted by the Presbytry unto the exercise and
function of the ministry in any Paroch within this Kingdom, That the
said person or persons without a Presentation, by vertue of their
admission, hath sufficient Right and Title to possesse and enjoy the
Manse and gleib, and the whole rents, profits and stipends, which
the Ministers of that Burgh had formerly possest and enjoyed, or
that hereafter shall be modified by the commission for plantation of
Kirks; And decerns all Titulars, and Taksmen of Tythes, Heretors,
Life-renters, or others subject and lyable in payment of Ministers
stipends, to make payment of the same, Notwithstanding the Minister
his want of a Presentation: And Ordains the Lords of Session and other
Judges competent, to give out Decreets, & Sentences, Letters conform,
Horning Inhibition, & all others Executorials upon the said admission
of Ministers by Presbytries, as they were formerly in use to doe upon
Collation and Institution following, upon Presentations from Patrons.
Declaring alwayes that where Ministers are already admitted upon
Presentation, and have obtained Decreets confirm thereupon, That the
saids Decreets and Executorials following thereupon, shall be good
and valide Rights to the Ministers for suiting and obtaining payment
of their stipend, And the Presentation and Decreet conform, obtained
before the date hereof, shall be a valid ground and right for that
effect; Notwithstanding the annulling of Presentations by vertue of
this present Act, And because it is needfull that the just and proper
interest of Congregations and Presbytries in providing of Kirks with
Ministers be clearly determined by the Generall Assembly, and what is
to be accompted the Congregation having that interest; Therefore it is
hereby seriously recommended unto the next Generall Assembly, clearly
to determine the same, and to condiscend upon a certain standing way
for being a setled rule therein, for all time comming. And it is hereby
provided, declared, and ordained, that the taking away of Patronages
and Presentations off Kirks, shall import nor inforce no hurt nor
prejudice unto the title and right that any Patrone hath unto the
tythes of the Paroch, nor weaken his Infeftment wherein the same is
contained, But that the said Title, Right, and Infeftment, shall in
every respect (so farre as doth concern the Tythes,) be als valid and
strong as when Presentations were in use. It is further statute and
ordained, that the Tythes of these Kirks whereof the Presentations are
hereby abolished, shal belong heretably unto the saids Patrons, and
be secured unto them, and inserted in their Rights and Infeftments
in place of the Patronage. Likeas the Estates of Parliament declare
the said Patrons their Right thereunto to be good and valid, Hereby
granting full power to them to possesse, sell, annalzie, and dispone
the same in manner after specified, as fully and freely as the Minister
and Patrone might have done before the making of these presents,
Excepting alwayes therefrom these tythes which the Heretors have had
and possest by vertue of Taks set to them by the Ministers, without
any deed or consent of the Patrones, concerning which it is provided,
That the said Tythes at the issue and outrunning of the present Taks,
shall belong unto the Heretors respective, These said Heretors and
the Patrons above mentioned, each of them for their interest, being
alwayes lyable to the payment of the present stipends to the Ministers,
and to such augmentation and provision of new stipends to one or more
Ministers, & such as the Parliament or Commission for plantation of
Kirks shall think fit and appoint. Excepting also such Tythes as are
and have been possest, and uplifted by the Minister as their proper
stipends; concerning which, it is hereby declared, that the Minister
shall enjoy the same without any Impediment as formerly, it being
hereby provided also, That this Act shall prejudge no person of the
Right, Title, and Possession of their Tythes by Infeftments, Taks,
and other lawfull rights acquired by them, and their Predecessors and
Authors, as Accords of the Law. Likeas the Estates of Parliament renew
the former Acts granted in favours of Heretors, for valuing, leading,
and buying of their Tythes; Hereby ordaining any Patrone, having right
to these tythes made to them by this Act, and having no right thereunto
of before, To accept the value of six yeers rents, according to the
prices of valued bolls respective, injoyned and set down in the former
Acts thereanent, and that for the Heretable right of the saids Tythes,
and for all title interest or claim that the saids Patrons can have or
pretend thereunto by vertue of this Act.




APPENDIX.

STATE OF THE PRESBYTERIAN KIRK OF SCOTLAND FROM 1649 TO 1654.


The Acts and proceedings of the General Assemblies, which we have
now presented in an accessible form to the notice and study of our
countrymen, constitute the entire body of its statutes that are
recognised by the Church as in any degree legitimate, during the long
period which intervened betwixt the years 1602 and 1690.

During the years which immediately followed the Assembly of 1649, the
dissensions, civil and ecclesiastical, which arose in an aggravated
form, rendered all the proceedings of the Church courts of a very
questionable character, insomuch so, that no authorized register
of these proceedings is known to exist; nor has the Presbyterian
Church, ever since the re-establishment of that form of polity at
the Revolution, given the stamp of its sanction to any of the edicts
which emanated from the few Assemblies that were permitted to be
held subsequently to that of 1649. Indeed, after that time, and even
before that time, the judicatories of the Presbyterian Church—divided
into two furious antagonist parties, mutually excommunicating and
excommunicated, persecuted and persecuting each other—had assumed
such a position in relation to the supreme national authority, as
virtually to dissolve its connection with the State, and practically
to abrogate that constitution which it derived from the State in
1592—a constitution which had been again restored to it, with all
the legal force of an Act of the Legislature, in 1641. It had ceased
to be that Church which the law of the land thus sanctioned; and, by
usurping civil and political powers not conferred upon it as a national
establishment, and not legitimately belonging to any ecclesiastical
body, it spontaneously broke asunder the ties by which it was connected
with the State, and perpetrated its own self-destruction. It assumed
temporal and political power, whereas only spiritual jurisdiction had
ever been conferred upon it. The whole frame of its constitution,
as settled by deliberate compact—in the first instance, in 1567,
subsequently confirmed by the charter of 1592, and restored by the Act
1641—was entirely subverted; the subordination of its ministers and
inferior judicatories to those of higher jurisdiction was repudiated;
and the steps by which it gradually sunk and declined, were consummated
by its final extinction as a _National Establishment_ in the schisms
which arose among its office-bearers, and the forcible dispersion and
prohibition of its General Assemblies, under the mandates of a foreign
conqueror.

  “A General Assembly had met, July 1650, against the lawfulness
  of which there was no objection. Tho’ it met at Edinburgh, the
  second Wednesday of July, 1650, according to the appointment of the
  preceding Assembly, yet none of the Acts of it have been printed.

  “Another General Assembly met at St Andrew’s, June 1651, and
  adjourned to Dundee, where it sat for some time in the month of July,
  1651. Also another Assembly met at Edinburgh, the second Wednesday
  of July, 1652: against the Lawfulness of these last two General
  Assemblies the anti-Resolutioners protested.

  “Another General Assembly met at Edinburgh, July 20, 1653; but after
  the Moderator, Mr David Dickson, had prayed, a party of armed men
  surrounded the Assembly House, and the Commander entering, dissolved
  the Assembly for not sitting by the authority of the Parliament of
  the Commonwealth of England. He led the Ministers under a guard a
  mile from the Town, and forbid them again to Assemble.

  “An attempt was made to have another General Assembly at Edinburgh,
  July 1654; but before it was constituted, it was dissolved, as
  before, by the soldiers. Cromwell gave great support to the
  Protesters, and bore hard upon the Resolutioners.”[424]

In prosecuting our illustrative notices of its rapid decline, and fall,
and abolition, by these concurrent circumstances, we are now relieved,
in some measure, from adhering to the precise form of the Introductions
to the Acts of each successive Assembly, which we have heretofore
adhered to, and we are constrained to present the transactions for
some years after the Assembly 1649 in a somewhat different shape—as
a mere historical conclusion to the Acts of the Assemblies which are
recognised; and although we shall give all the information we can glean
connected with the Assemblies that were held subsequently, these, it
must be remembered, have no such claim to the character of authenticity
as that which belongs to the antecedent proceedings. The subsequent
details, therefore, must be regarded, not as a record of the Acts of
the Established Presbyterian Kirk, but as a mere historical sketch
of Presbyterianism in Scotland, during a period of about five years.
Presbytery remained, indeed, in a state of complete abeyance, as the
Established Church Government of Scotland, during a period of forty
years, when it was restored at the Revolution.

There are not, it is believed, any authorized minutes extant, of the
Assemblies 1650, 1651, or 1652. The proceedings of the Commission of
the General Assembly 1650, from July of that year to July 1651, fill a
large volume of above 400 folio pages. A very few pages are extant of
the Acts of the Commission of the Assembly 1651, (from August, 1651, to
May 14, 1652,) not more than eleven pages. The Acts of the Commission
of the Assembly, 1652, (from August, 1652, to May 30, 1653,) fill
twenty-nine pages. The whole Acts and proceedings of these Commissions,
from 1650 to 1653, could not be comprised in fewer than two very
closely printed 8vo volumes of above 500 pages each. None of these
Acts, although some of them are in print, ever possessed any authority
except over a section of the Church, many of the other ministers and
elders having protested against them, and held them to be null and
void. Even, therefore, if these were accessible, (which they are not
at present,) it would be altogether beyond the compass of this work to
include them. Such of them, however, as we have been able to pick up
from the controversial pamphlets and chronicles of the times, may be
given in this supplement, not as being in any degree authoritative or
legitimate Acts of the Kirk, but merely as illustrations of the history
of those dark and troublous times.

The period to which our attention is now directed, is one which excites
a painful interest. It is pregnant with lessons of infinite value: it
presents the most humiliating views of human nature; and, while the
hallowed name, and rites, and spirit of religion were desecrated by its
pretended votaries—by the clergy of that age, in particular, without
distinction of parties—these memorials present to view an incarnation
of all the worst passions by which human beings are agitated.

  “Each—for Madness ruled the hour—
  Would try its own persuasive power.”

Referring to the Acts of the Assembly 1649 as the most unexceptionable
record, both of its proceedings and the spirit by which it was
actuated, it will be observed, that, at its close, it appointed the
next meeting of an Assembly to be held at Edinburgh, the second
Wednesday of July, 1650, having, as usual, named Commissioners to act
during the interval which followed.

In order to pave the way for the various extracts subjoined, it seems
proper to give an outline of some domestic occurrences in Scotland
during the year 1649, which have not already been adverted to, but
which are calculated to throw light upon the state of society in this
country at the period alluded to.

A detail has already been given of the events by which Argyle and
the Kirk gained a complete ascendency in the government of Scotland,
to the exclusion of all the loyal and moderate men, of whatever
rank or condition; and the power thus acquired was not permitted to
slumber in a state of inactivity. The Whigamore Parliament, _purged_
as it had been of every countervailing element, proceeded, in the
beginning of March, to enforce the Act of Classes, (so called, from the
classification of those who were excluded from the public service into
various grades,) and they began with the highest functionaries of the
State. The Earl of Crawford was removed from the office of Treasurer,
and his place supplied by a commission, of which Argyle, Eglinton,
Cassilis, and Burlie were the members; and Sir James Carmichael, the
Deputy, was displaced, to make way for his own son, who was a minion of
Loudoun’s, The Earl of Roxburghe was ousted as Lord Privy Seal, and the
Earl of Sutherland substituted in his room. Cassilis and Lothian were
appointed conjunct Secretaries in place of Lanerick, proscribed. Gibson
of Durie was superseded, and Johnston of Wariston named Clerk-Register;
and Thomas Nicolson supplied the vacancy created by Johnston’s
promotion, in the office of Lord Advocate. They displaced no fewer than
eight Judges of the Court of Session, and appointed others in their
places. Lords Couper and Cassilis were appointed extraordinary Lords of
Session, and the latter held no fewer than three of the highest posts
in the executive departments of the State; and they ordained George
Marquis of Huntly “hes head to be choped off from hes bodey, at the
Crosse of Edinbrughe, one Thursday, the 22 of Marche, this zeire, wich
wes performed”—the Duke of Hamilton, the Earl of Holland, and Lord
Capell, having, on the 9th of that month, been subjected to the same
penalties in England, for their resistance to lawless power; while
three separate gifts and grants, in favour of Loudoun, were passed
the first Exchequer day that was holden; and, in the north, about the
same time, the Lord Reay and other loyalists were defeated and taken
prisoners, and Inverness subjected to military conquest.[425]

Nor was the Commission of the Kirk supine at that dismal season.
From the middle of September to the middle of October, it held a
Visitation for Angus and Mearns: it deposed eighteen ministers, and
suspended five for “insufficiencie for the ministrie, famishing of
congregations, silence in the tyme of the leatte engagement against
Englande, corruptions in life and doctrine, malignancie, drūkenes,
and subscriving of a divisive band,” &c.[426] These were not the
only ecclesiastical achievements of the Commission; for, besides
several other depositions, a Committee of Assembly visited St Andrews,
concussed Baron, one of the professors, to demit his office; and, by a
system of terror, endeavoured to crush the seeds of malignancy among
the teachers and youth in that university. Cant and Rutherford were the
presiding spirits on those occasions: “Mr Samuell Rutherfurd [who] altho
lousse in hes zouthe, hes beine from his first begining a suorne enimey
to Monarchey, as hes wrettings testifie, [Lex Rex, &c.,] a hatter of all
men not of hes oppinion, and one quho if neuer so lightlie offendit,
vnreconcilable; woyd of mercey and charity, altho a teacher of both to
others.”[427]

Such was the complexion of affairs in the summer of 1649; and we shall
best accomplish our object, in a brief abstract of these Scottish
annals, by noting, in the first place, from the authentic Acts of
the Estates, the more prominent particulars therein recorded, and
subjoining these to such documents and extracts from contemporary
chronicles as may fill up the outline thus presented.

On the 18th of July, 1649, the Estates appointed a committee to meet
at Perth upon the 24th of August, and to call before them all persons
within the Highlands, islands, and other places, who were upon the
late Engagement against England, or had been accessory in any manner
of way to the troubles of this kingdom; and to call on all landlords,
and baillies of land, and chieftains of clans, to subscribe a bond and
declaration for keeping the peace of the kingdom, and to obtemper [obey]
any orders the Committee should appoint for that effect; with power to
do all things necessary for keeping the peace of the kingdom.[428] On
the 31st, commissions were also granted for visiting the universities
of Edinburgh and Aberdeen;[429] and, on the 7th of August thereafter,
a further commission was granted for the Committee of Estates to
sit and act, with plenary powers, till the next session, which was
appointed for the first Thursday of March, 1650. Winram of Libberton
was appointed Commissioner on a new mission to the King, and (12th
September) he was furnished with a letter to the King, and instructions
for conducting the negotiations with his Majesty.[430]

And thus closed the third session of the Whigamore Parliament. For
an illustration of the relative transactions, whether with regard to
affairs of Church or of State, we must refer to the memorials of the
times.

The fourth Session of the Whigamore Parliament was opened at Edinburgh
on the 7th of March, and next day a letter was approved of to be sent
from the Estates to Charles II. acknowledging receipt of his Majesty’s
acquiescence in their desire to accept the Government. Commission was
granted to the Earl of Cassilis and others to repair to the King at
Breda, and treat upon the ground of the former “desires” presented to
him at the Hague by the Commissioners of Parliament, “according to the
Solemn League and Covenant,” &c. Instructions were also given to the
Commissioners; and an adjournment then took place till the 15th of May
following.[431]

The Parliamentary proceedings from that time till the end of the year,
may be thus given in an abbreviated form, so as to afford a general
view of its progress:—

May 15.—The Parliament reassembled.

May 17.—“Act ordaneing the sentence and dome of foirfaultoʳ to be putt
in execuᵒione aganes James Grahame, and for tryell of the remanent
Captives.”—P. 515.

May 18.—“Ordour givin to the Magistrates of Edinʳ to receave James
Grahame and the remanent prisoners from Coˡˡ Campbell of Lawers at the
water gaitt,” &c.—P. 515.

May 21.—“Act in fauors of the Lord Angus & Sir Roᵗ Murray, anent the
prisoners in the Canongait.”—P. 516.

June 21.—Letter from Parliament to Lenthal, Speaker of the House of
Commons of England, remonstrating against the armaments in England
and their approach to Scotland, &c.—P. 523. Another to Lord Fairfax,
Commander in Chief of the English forces, and another to Sir A.
Haselrige, Governor of Newcastle.—P. 524-5. Commission for purging the
Army.—P. 525.

June 25.—Act for Levy of Horse and Foot for defence.—P. 526.


“_Report from the Committee of Conference with the Commissioners of the
Kirk._

“27 Junii, 1650.—The Committee appointed for conference with the
Commissioners from the Church, thought it meet that some persons
should be sent to congratulate his Majesties happy arrivall into this
Kingdome, and to shew his Majestie how glad his people were to heare
that it has pleased God to move his heart to give satisfaction to their
desires, and that it would be very acceptable to them, that, to testify
his reality therein, he would likewise forsake and abandon the company
of Malignants, and that his domestick servants, and such as are about
him, might be well affected to the cause and not malignant, and such
as are otherwise, be removed and put from about him, but in a fair and
discreet way.

“And having considered the list of his Majesties servants and others
of the train, so farr as it come to their knowledge, the Committee
aforesaid thought it fitt and necessary that the persons after
following, viz., The Duke of Hamilton, [formerly Lord Lanerick,] the
Duke of Buckingham, the Earle Forth, Lauderdale, Sir Robert Dalzell,
L. Sinclair, Doctor Frazer, L. Wilmott, L. Wentworth, Secretary
Long, Mr Uder, Earle of Cleveland, Mr Seymor, Viscount Grandison, Mr
Progers, L. Withrington, Mr Rogers, Sir Philip Musgrave, Col. Darsy,
Col. Gray, Col. Boynton, Major Jackson, Dr Goff, Mr Harding, corrupt
chaplaines, and Sir Edward Walker, should forthwith remove themselves
and depart out of the kingdome; and such also as have served in armes
against the Cause, and been evill instruments and given bad counsell
to his Majesties late father and himselfe, and likewise such others as
upon information from our Commissioners shall be thought fitt to be
removed.” This suggestion approved of on 28 of June.—P. 530. All other
Scotchmen “not specifyed” in the Act to be removed out of the Kingdom,
and the English to leave the country within eight days, otherwise their
persons to be seized and disposed of as the Estates think fit; “and
that in the meane tyme they remove themselves from the verge of the
Court, and not be permitted to have accesse to his Majestie.”—P. 531.

July 3.—Commitee of Conference report that all the fencible men
formerly ordered be in readiness to march upon sight of the beacons,
“under the highest and strictest punishment that can be exprest, death,
infamy, losse of all their moveables, and forfaultor of the third part
of their estates; and as to the bordering shires, and other shires
where the actuall invasion shall be, upon the said invasion, and upon
sight of the beacons, the whole persons to rise in armes and draw
together to the standing forces of the Kingdome as they shall have
advertisement by beacons or orders.”—P. 532.

July 3.—An Act for putting the Kingdom in a posture of Defence,
&c. “Considering the great preparations made by the Sectaries in
England to invade this Kingdom, to destroy the Religion, Lawes, and
Liberties thereof,” &c., declares “all fencible persons betwixt 60
and 16 are bound to rise in arms to defend the King and Kingdome from
Invasions”—and appoints them to rendezvous in every shire.—P. 532.

July 4.—Act ratifying Treaty betwixt King and
Commissioners—Instructions to Commissioners to go to the King—The Duke
of Buckingham and 7 others, English, allowed to remain in Scotland till
next Session of Parliament, but not to come within verge of the Court,
or have access to his Majesty. P. 535.

July 5. Parliament continued to 15 of August.—P. 540.

Nov. 26.—The parliament met at Perth—the King present.

Nov. 27.—“The Kings Majestie, and Estattes of Parliament, earnestlie
desyres the Comissioners of the Generall Assemblie to remayne heir
for sum tyme, that thay may haue their advyce in sum particulars to
be comunicat to thame. And that they may haue this day or the morrow
a conference with thame thairanent; wᶜʰᵉ wes communicat to thame by
the L. Burghley, the Laird of Duffus, and Hew Kennedy.”—P. 541. “The
subject of yᵉ Conference to be anent the causes and tyme of the Fast,
and anent the ceremonyes of the Coronatione, anent ministers to the
kingis familie, and anent the reasones, pro and contra, quhy men should
be admitted or excludit from joyneing with the armie, or acting a part
againes the comon enemy.”—P. 542.

Nov. 28,—“The Kingis Majestie and parliament appoynts thoise wpoun the
Conference to meitt wᵗ the Comissioners of the Geˡˡ Assemblie, at 3 of
the clok efternun, in the Kirk Sessione-hous.”—P. 543.

Nov. 30.—Remonstrance and Petition of the Commissioners of the General
Assembly.—P. 544.

Dec. 2.—Commission for trying and putting to execution three
Witches.—P. 548.

Dec. 4.—“The 4 Artickle anent the wreatting of ane Letter to the
Moderatoʳ of the Comissioners of the Geˡˡ Assembly, approvin.”—P. 548.
Act in favour of persons recommended by the Commissioners of the
General Assembly, who have given satisfaction.—P. 549.

Dec. 6. Letter to Moderator of General Assembly read and approven.—P.
550.

Dec. 10. “Ordanes the severall bodyes to meitt at three efternun, and
to considder of the remonstrance givin in be the Comissioners of the
Asemblie, and ordanes ilk body to name three of yʳ number to confer
first among thameselffis anent the remonstrance, and yʳefter to meitt
and confer wᵗ the Comissioners of the Generall Assemblie, and also how
far incapacities that disables men may be takin aff, and men admitted
for defence of yʳ countrie to fight aganes the comon enemy, and to
treat anent a previous advysse concerning England.”—P. 552. “Ordanes
thoise who shall be appoynted to confer wᵗ the Comissioners of yᵉ Geˡˡ
Assemblie to acquaynt the Comissioners they ar appoynted to confer wᵗ
thame.”—_Ibid._

Dec. 14.—“The K. Maᵗⁱᵉ and Parliament ordanes the E. Cassills, the L.
Clarkington, and Joⁿ Jafray to pas and acquaynt the Comissioners for
the Geˡˡ Assemblie, That sum course may be takin wᵗ suche persones as
haue joyned and complyed wᵗ the Sectaries.”—P. 553.

Eodem die.—“Answer maid be the Comissioners of the Geˡˡ Assemblie to
the queere givin in to thame be the Estaitts of Parliament anent the
persones to be admitted to ryse in armes and joyne wᵗ the forces of the
kingdome, and in what capacitie, for defence yʳoff aganes the armie
of Sectaries, &c., redd. The L. Chancelar, at comand of his Maᵗⁱᵉ and
Parliament did returne thame hartie thanks for yʳ readienes in giveing
thair advyce so cairfullie, and declared they will be readie to go
about to improve the same to the best advantage.”—P. 554.

Eodem die.—“Paper conteaning the Parliaments sense concerneing the
Remonstrance and Petitione givin in be the Comissioners of the Geˡˡ
Assemblie, past in Parliament and sent to be communicat to the
Comissioners of yᵉ Geˡˡ Assemblie.”—P. 554.

Dec. 25.—“Sir James Balfour, Lyone King of Armes, exhibeit and
produced ane old evident concerning the entailment of the Croun by
King Robert the Bruce to the race of the Stewarts, and protested he
might be exonered yʳoff. The L. Chancelar, In name of His Maᵗⁱᵉ and the
Parliament, did rander him hartie thanks for his cair and paynes takin
for recoverie of so noble ane evident, and ordanes him to have ane act
of approbaᵒne of his sʳvice, and for his exoneraᵒn of the evident,”
&c.—P. 564.

Dec. 28.—“Remitted to the noblemen, barrones, and burrowis, who
wer wpoun the Conference to meitt and cloise the ansʳ to the Kirks
remonstrance.”—P. 565. The Association in the west declared to be
void, and any such association discharged in time coming; and a paper
containing the sense of the King and Parliament on the remonstrance
from the west, of 25 November, read and approved.—P. 566.

Dec. 30—Act ratifying all Acts of Parliament since the year 1641, and
the late treaty at Breda.—“Act continueing the Parliament to the fyift
of Februar 1651.”—P. 577.

       *       *       *       *       *

The foregoing meagre abstract serves only as an index to some of the
transactions in Scotland during the year 1650, one of the darkest
and most perplexed in our history, which we must now endeavour, if
possible, to render intelligible by a little more detail. Instead,
however, of attempting to reduce into a connected narrative of our own
the complicated “skein of mingled yarn,” we shall select a series
of statements from the several records of the period, taking these
indiscriminately from men of all the parties which then existed and
fretted their hour upon the stage. This must be done at the expense
of repetitions; but that is fully compensated by the additional light
and evidence which will thus be concentrated within a narrow compass
compared to what is at present to be found in any single record.

       *       *       *       *       *

1650.

_Excerpts from Balfour’s Annales of Scotland._

[February.] This mounthe manney basse and eiuell rumors wer vented
abroad of the Lord Chanceler; amongest maney, ther was one anent a
woman that had borne him a chylde, and was conwayed to the Englishe
border, and was a missing, and thought to be killed. Some ministers
went to him, to show him of thesse foule aspertions wich wer wented
off him; he menteined his auen innocencey, and shew them that thesse
wer bot calumnies forged by his enimies, and some others that affected
independencey, to make him vngratious to the churche and people; bot
God wold in his auen tyme cleire his innocencey, and discouer ther
malice.

In Febrij: one Mr Johne Lawsone wes sentenced by the Lordes of Sessione
to haue hes tounge perced with a bodkin by the hangman, at the tron of
Edinburghe, for periurey and falsett; and hes 2 associattes had ther
eares nailled to the trone that same day, for bearing falls wittnes;
wich, conforme to the sentence, wes put to executione.

In this same monthe of Febrij: 25 day, wther 3 persons for bearing
falls wittnes, wer lykwayes sentenced by the Lordes of Session to haue
ther eares nailled to the trone of Edinburghe by the hangman, ther
dittay being wrettin one a shedule one ther faces, and they thereafter
to be banished the kingdome for euer; to wich, if euer heirafter they
returned, and wer apprehendit, they shuld be hanged; wich sentence was
accordinglie put to executione.

In Appryle this zeire, 1650, the rebells from Orknay invadit Cathnes,
and spoyled both it and Sutherland; they wer commandit by _________. L.
G. Dauid Lesley marched aganist them with 4000 horsse and footte; his
randewous wes one Brechin Moore, the 25 day of the mounthe of Appryle,
1650.

27 of Appryle, 1650.—Leiuetenant Generall Lesley hauing appoynted a
randeszwouse of his forces at Brechin, 25 of Appryle, did make all
possible haist aganist the enimey, marching 30 myles eurey day: and
to put a stope to the enimies aduance, he sent Leiuetenant Colonell
Strauchan befor him, to command the troupes that wer laying about
Rosse and Inernesse. Vpone Saterday, the 27 of Appryle, the enimey was
quartered at Strathekell, in Rosse; L. Colonell Strachan, with hes auen
troupe, Colonell Montgomerie, Colonell Kers, L. Colonell Hacketts, and
the Irishe troupe, wer quartered about Kincardine. Ther number that
were present being onlie about 230, the officers being conweined, and
haueing consideredthe grate scarsity of prowisions for horsse, and
that it was werey probable, the enemies strenth being in footte, they
wold take the hills vpone the aduance of more of our horsses; they
concludit to feight that wicked crew with the force they had: bot the
Lordes day approaching, and the enimey being 10 myles distant, they
doubted wither to marche towardes them presently, or to delay wntill
Monday, and so declyne the hazard of ingageing vpone the Lordes day;
bot this doubt wes soune remowed, for notice was presently brought
that the enimey was marched from Strachekell to Corbisdale, sex myles
neirer wnto them, whervpone they fourthwith drew vpe in 3 pairties,
the 1 consisting of neire a 100 horsse, to [be] led one by L. Colonell
Straquhan; the 2d some more then 80, to be led one by L. Colonell
Hackett; and the 3d about 40, to be led one by Capitane Hutchesone; and
36 musqueteires of Lawers regiment (wich wer occasionally vpone the
place) to be led one by Quartermaster Shaw. After prayers, said by ther
minister, they marched about 3 a clocke in the afternoone towardes the
enimey, quho wer drawn vpe in a place neire a hill of Scrogie Wood, to
wiche, vpone the aduance of our horsses, they quickly reteired; yet
L. Colonell Strachan persewed them into the woode, and at the first
charge, made them all to rune. The Lord did stricke suche a terror into
ther heartes, as ther most resolute commanders had not the courage to
lifte a hand to defend themselues, and our forces, without oppositione,
did executione one them for 5 or 6 myles, euen wntill sunne sett.

Ther wer killed 10 of ther best commanders, most of ther officers
takin, and 386 comon souldiers. The nomber of the quhole (as the
prissoners did informe) was not aboue 1200, of all wich ther did not
escape one 100, bot wer ather takin prisoners, killed, or drouned in a
riuer that was neir the place. The cheiffe standard, called the Kinges,
and four others, wer takin; the traitor, James Grhame, fled, bot was
afterwards takin by the Laird of Assins people; his horsse was takin;
his coate, with the stare and suord belt, wer found in the feild. L.
Col: Strachan receiued a shotte vpon his belley, bot lighting vpone
the double of his belte and buffe coate, did not pierce. One of our
troopers haistining too forwardly after a boate, wich carried 2 or
3 of the enimey ouer the riuer, was drouned, and 2 wer woundit; and
this was all the losse Straquhan and hes followers had. It is to be
remembred, that Cap: William Rosse, and Cap: Johne Rosse, came vpe to
the executione with 80 footte, chosen out off the countrey forces, and
did good seruice.

Friday, 17 Maij. Sessio 1.—Acte ordaining James Grhame to be brought
from the Watter Gate one a cairte, beare headit, the hangman in his
liuerey, couered, ryding one the horsse that drawes the carte, (the
prissoner to be bound to the carte with a rope,) to the tolbuith of
Edinbrughe, and from thence to be brought to the parliament housse,
and ther, in the place of delinquents, one his knees to receaue his
sentence, viz. to be hanged one a gibbet at the crosse of Edinbrughe,
with his booke and declarations tayed in a rope aboute his necke,
and ther to hing for the space of 3 houres, wntill he wer dead; and
therafter to be cutt doune by the hangman; his head, hands, and leges
to be cutt offe, and destribute as followes, viz. his head to be
affixed one ane iron pine, and sett one the pinnackell one the west
gauell of the new prissone of Edinbrughe; one hand to be sett one the
porte of Perth; the other one the porte of Stirling; one lyge and
footte one the porte of Aberdeine; the other one the porte of Glasgow.
If he was at his deathe penitent, and relaxit from excomunication, then
the truncke of his bodey to be interrid by pioners in the Gray Friars;
wtherwayes to be interrid in the Borrowmure, by the hangmans men, wnder
the gallowes.

Saterday, 18 Maij. Sessio 1.—Saterday, 18 of Maij, James Grhame entred
Edinbrughe, according to the ordinance of parl: of the 17 of Maij,
with 23 prissoners, all commanders, and Sʳ Johne Harvey, his Generall
Maior, and wer all of them comitted prissoners to the tolbuith of
Edinbrughe.

The housse mett this same day, lykwayes, by aine especiall ordinance,
at 6 a clocke at night, and sent Robert, Lord Burlie, Sʳ Ja: Hope of
Hoptone, George Porterfeld of Glasgow, Mr James Durhame and Mr Ja:
Hamilton, ministers, to James Grhame, to aske at him if he had aney
thing to say; and to shew him, that he was to repaire to the housse to
receaue his sentence. They wssed some interrogators to him, and brought
his ansuers in wreat.

The housse delayes the execution of James Grhams sentence till Monday,
at 10 houres, the 29 day. The housse ordaines the Lord Burlie, Sʳ James
Hope, George Porterfeild, Sʳ Archbald Johnston, Clercke Register,
Sʳ Thomas Nicolsone, Kˢ Aduocat, and Sʳ James Steuart, Prouest of
Edinbrughe, to examine James Grhame one some poynts anent Ducke
Hamilton, and others; and becaus he was desyrous to wnderstand of them
formerlie, how it stood betuix the King and them, the parl: ordained
them to shew him the truth, that ther commissioners and the Kings
Maiestie wer aggreid, and that his Maᵗⁱᵉ was coming heire to this
countrie.

Monday, 20 Maij. Sess: 2.—The parl: mett about 10 a clocke, and
immediatly after the doune sitting, James Grhame wes brought befor
them, by the magistratts of Edʳ, and ascendit the place of delinquents;
and after the Lord Chanceler had spokin to him, and in a large
discoursse declared the progresse of all his rebellions; he shew him
that the housse gaue him liue to speake for himselue, wich he did, in
a long discoursse, with all reuerence to the parliament, (as he said.)
Since the King and ther commissioners wer accordit, he pleaded his
auen innocencey, by calling all his auen depredations, murthers, and
bloodshed, only diuersione of the Scotts natione from interrupting
the coursse of his Maiesties affaires in England; and as for his last
invasione from Orknay, from wich (said he) he moued not one footte,
bot by his Maᵗⁱᵉˢ especiall direction and command; that, he called an
acceleratting of the tretty betuix his Maiesty and this natione. To
him the Lord Chanceler replayed, punctually prouing him, by his acts
of hostility, to be a persone most infamous, periured, treacherous,
and of all that euer this land brought fourth, the most creuell and
inhumane butcher and murtherer of his natione, a suorne enimy to the
couenant and peace of his countrey, and one quhosse boundlesse pryde
and ambition had lost the father, and by his wicked counsells done
quhat in him lay to distroy the sone lykwayes. He made no replay; but
was commandit to sitt doune one his knees, and receaue his sentence,
wich he did; Arch: Johnston, the Clerck Register, read it, and the
Dempster gaue the doume; and immediatly arrising from off his knees,
without speaking one word, he was remoued thense to the prisson. He
behaued himselue all this tyme in the housse, with a grate deall of
courage and modestie, vnmoued and vndanted, as appeired, only he sighed
too seuerall tymes, and roulled his eiyes alonges all the corners of
the housse; and at the reiding of the sentence he lift vpe his face,
without aney word speaking.

He presented himselue in a sutte of blacke clothe, and a scarlet coate
to his knee, trimmed with siluer galouns, lined with crimpson tafta;
one his head a beuer hate and siluer band; he looked somequhat pale,
lancke faced and harrey.

Tuesday, 21 Maij. Sess: 1.—This day the 281 comon souldiers taken at
Kerbester, that wer in the Canongait prisson, the housse ordaines 40
of them, being forced from Orknay, and hauinge wyffe and children,
to be dismissed. The housse giues 6 of them, being fishers, to the
Leiutenant Generall; also wther 6 fishers of them giuen by the
Parliament to the Marques of Argyle; and 6 of them, being zoung lustie
fellowes, giuen to Sʳ James Hope, to his lead minnes. The remnant
of them the housse giues to the Lord Angus and Sʳ Robert Murray, to
recreut ther Frenche regiments with, to be transported out of the
countrey to France.

This afternoone, James Grhame was execuitt, conforme to the sentence of
parliament, at 3 a clocke.


_His last Speich one the scaffold, at Edinbrughe crosse, 21 May, 1650._

I should be sorie that this should be a scandall to aney good
Christian. It happins to the righteous according to the wayes of the
wicked, and to the wicked according to the wayes of the righteous. They
that know me should not condeme me for this; maney grater then I haue
beine delt with in this kynd; zet I must say that all Gods judgements
are just, for my priuat sines. I acknouledge this to be just with God,
and I submitt myselue to him; zet in regaird of man, I may say I am
just. I blame no man, I complaine one no man for this judgement; I take
it from the hand of God; they are bot instruments, I forgiue them;
God forgiue them. But to exonerat myselue, that I giue no scandell to
the people of God, all that I did was the just commands of my King in
his distresse; I know nothing bot to feare God and honer the King,
according to the law of nature and nations. I haue not sinned against
men, bot against the Lord; and with him ther is mercey; and this is
my ground of drawing neir him. I pray God this be not for farder
judgement one this land; bot I will not enter on Gods secretts. That
wich cheifflie can be said against me is amongest the Lordes people;
that I am wnder the censure of the churche, it is not my fault, seing I
bot obayed my lawfull prince. Zet I am sorie that they excommunicatted
me, and in that wich is according to Gods law, I desyre to be relaxit;
and if they will not, according to my conscience, I appeale to God,
quho is a righteous judge, that must be my judge. There is one thing
much spokin aganist, that I lay all the blame one the King; God forbid!
As for the lait King, he liued a saint, and deyed a martyre; I pray
God I may end so: and if euer I wold wishe my soule in ane other mans
soules steed, it is in his. And for this King, according to his zeires
and capacity, wich is guid, no people might be happier then wnder him.
All his commands to me wer most just; in nothing that he promisses
will he faile; he dealles justlie with all. Thesse testimonies haue I
giuen to the last King, and to this King; and I am faithfull to the
lait Kings memorie, and to this Kings persone; and all trew people
that feare God are of my oppinione. It is not obdurdnes of heart that
is in me, bot the light of my soule and conscience, and Gods spirit
in me. I thank God I goe not to Heavens throne ingnorantly, thoughe I
haue not much knowledge; I desyre not to be presumptous; God suffers me
not to fearre the terors of death. I haue that conscience and reasson
in that measure that he giueth it me, therfor I goe with courage to
death; and quhateuer be my end, lett God be glorified, though it wer
to my damnation. I say not this out of weekness and feare, bot out of
my deutie to God, and loue to this people; ffor looking one you, I
cannot bot morne; therefor I can say no more, bot remitts myselue to
your charity, and I desyre your prayers. You that are scandelized at
me, giue me your charity; I shall pray for you all: I leaue my soule
to God, my seruice to my prince, my good will to my frindes, and my
name in charity to you all. I might say more, bot I have exonered my
conscience; the rest I leaue to Gods mercey. Being desyred to pray, he
said, I haue alredey poured fourth my soule befor the Lord, quho knowes
my harte; in his hands I haue comitted my spirit. If you will not joyne
with me in my prayer, then my being in priuat, will be a scandell to me
and you bothe.

       *       *       *       *       *

Wedinsday, 22 Maij. Sessio 1.—The housse appoynts a committee to tray
the depositions of 54 Witches, with pouer to the said committee to giue
out comissions for ther furder trayell, examinatione, and executione;
as also to thinke vpone a constant coursse and commissione for that
effecte heirafter, and to report.

Thursday, 23 Maij. Sessio 1.—Tuo supplications and actes to be passed,
exhibit to the house by the Commission of the Generall Ass: one anent
papists defrauding of ther heires wich are couenanters;—remitted to a
comitte to be thought one. The other anent the furder purging of the
armey and judicatories, remitted lykwayes.

Saterday, 25 Maij. Sessio 1.—The Marques of Argyle reported to the
housse, that himselue had a letter from the Secretarey, the Earle of
Lothean, wich shew him that his Maiestie wes no wayes sorey that James
Grhame was defait, in respecte (as he said) he hade made that invasione
without and contrarey to his command.

Wednesday, 29 Maij. Sessio 1.—Petitione of the tuo honest Orknay
ministers, humblie desyring a ratificatione of ane acte of the
Commissioners of the Generall Assembley, modifinng to them 10 thousand
merkes Scotts for ther losses, out of the stipends of the deposed
ministers of Orknay, quho had landed with James Grhame; desyring
letters of horning to charge for the same; granted by the parliament.

This day at 2 a clocke in the afternoone, conforme to the sentence of
parliament, Sʳ Johne Horrie and Cap: Jo: Spotswoode wer executte at the
crosse of Edinburghe. Sʳ Jo: Horrie wes penitent, and confessid that
his grate and manyfold sinns aganist God, had brought him to that so
publicke ane end. Bot Johne Spotswood deyed in a furey and rage, almost
distracted of his witts, and wold confesse nothing.

Fryday, 31 Maij, Sessio 1.—Report anent Sʳ William Hay of Dalgatey,
Barronett, quho was forfaulted by the parliament in St Andrewes, in
Aᵒ 1645, and excomunicat thereafter for poperey, ratiffied; and he
being this day called befor the parliament, and asked by the president
giue he had aney thing to say for himselue befor the sentence and
doume wes pronunced aganist him, said nothing, bot that he was to goe
to Germaney, and went to the King to haue his passe; and by him wes
commandit to attend James Grhame to this countrey. He was comandit to
kneele one his knees, wich he did; then did the Register reid to him
the parl: sentence, wich was to haue his head struckin from his bodey
one Tuesday nixt, the 4 day of Junij, at the crosse of Edinbrughe, at 2
a clocke in the afternoone; and the magistrats of Edinbrughe commandit
to see this sentence put to executione.

Saterday, 1 Junij. Sessio 1.—The housse ordaines the Ministers of
Edinburghe to end ther sermons befor 9, and then the grate bell to ring
daylie at 9 for the conweining of the parliament.

Thursday, 21 Junij. Sessio 1.—A letter to William Leuthall, Speaker of
the Parliament of England, from the housse, read. Ane vther letter to
the Generall of the armey, Fairfax, read. With ane to the Gouernour
of Neucastle, Sʳ Arthur Hasilrige, read. Thir 3 letters being read
in parliament, the housse ordaines them to be communicat to the
Commissione of the Kirke.

Fryday, 22 Junij. Sessio 1.—Alexander Charteres, the Laird of Emsfeilds
brother, execut this day at the crosse of Edinbrughe; quho receuid
sentence of death one his knees, in the parliament housse, one
Wedinsday the 13 of Junij.

Wedinsday, 26 Junij. Sessio 1.—This day, letters from our commissioners
wer read in the housse, shewing that his Maiesty was sauely arriued at
Germouth, in Spey, one Sunday, 23d of Junij instant; and that befor he
landit, had solemly suorne and subscriued the couenant, and the lige
and couenant.

Thursday, 27 day. Sessio 1.—A letter from Mr Jo: Leuingston to Mr Rob:
Douglasse, presented be Mr James Hamilton to the housse, anent his
Maiesties subscriuing the couenant, and the leauge and couenant, and
granting all the desyres both of churche and stait, of the dait 23
Junij, 1650; read and communicat to the parliament.

The housse ordaines the President of the Parliament to rander
the Comissione of the Gen: Ass: in ther name, thankes for ther
correspondence.

Friday, 28 Junij. Sessio 1.—Mr James Hamilton, from the Com: of the
Kirke, shewes the housse, that they had chossen Mr Dauid Dicksone, Mr
James Durhame and Mr Robert Burnett, zounger, reuling elder, to goe to
the King, from the Commission of the Generall Ass: and in ther name to
congratulat his Maiesties saue arriuall; and intreats the housse that
they may accompaney ther commissioners to his Maiestie.

Mr James Hamilton lykewayes presents to the housse a Varning of the
Com: of the Generall Ass: to the kingdome, of the dait 25 Junij,
1650,[432] read in the housse. The president is comandit by the
housse to rander the presenters thankes; and withall, to intreat them
that they wold delay the printing of it some shorte tyme, wntill the
parliaments declaration wer redey to be insert therwith, and printed.

Monday, 1 Julij. Sessio 1.—Brodie and Libertone made a full relation
of all ther negotiation with his Maiestie; they producit the couenant,
withe the churche explanatione, subscriued with the Kinges hand, as
also the concessions subscriued by his Maiestie.

The Marques of Argyle this day reportes to the housse, that he had a
letter from a trustey frind, shewing him that the Presbyterian partey
in England had so delt with Fairfax, the Englishe Generall, not to come
aganist the Scotts, that he not only refussed that seruice, but had
layed doune his commissione.

Thursday, 4 Julij. Sessio 1.—Acte discharging all duells and combatts,
and apeallations therto, wnder the paine of death; the appellants and
challengers to be degraded by the hands of the hangman, wnder the
gallows, and then to be hanged therone. The accepter of the challenge
to be punished with death; and the carrier of the challenge to be
banished the kingdome; wotted and past.

The 5 of Julij, 1650, his Maᵗⁱᵉ cam from St Andrewes, and wes banqueted
in Couper, to his auen housse of Falkland, one Saterday. My L. the
Earle of Arundaill intertained him wntill Monday at night

Mr Thomas Nicolsone, his Maiesties Aduocat, wes knighted in the
withdrauing roume at Falkland, after supper, one Wedinsday, the 10 of
Julij instant. His Maiesty stayed at Falkland wntill Tuesday the 23 of
Julij, from quhence he did remoue to Perthe for one night, quher he
was feasted with all his traine by the magistrats of the said brughe,
in L. Generall Dauid Lesleyes housse. Hes Maiestie, at hes entrey, was
mett by the prouest and magistrate and counsell, all in mourning, with
a gaurd of partisans, who attendid his Maiesty during his abode ther,
in mourning lykwayes. Mr George Halybrunton, one of the ministers of
the toune, had a prettey congratulatorey oration to his Maiestie. After
dinner one Vedinsday, his Maiestie went to the gardin housse one the
riuer, quherin ther wes a table couered with desert of all kinds; ther
the Prouest, one his knees, presented to his Maiestie his Burges Bill,
and ane other to the Ducke of Buckinghame. His Maiestie, at my desyre,
wrotte in ther booke of preuilidges his name and motto thus:

  _24 Julij, 1650._

  CHARLES R.

  _Nemo me impune lacessit._

Vedinsday, 24 Julij, his Maiestie went from Perth to Dumfermling.
He wisited the Lord Burlie by the way, quher he wes welcomed with a
banquett.[433]

Thursday, 25 day of Julij, his Maiestie, after dinner, departed from
Dumfermling to his auen housse, Streueling Castle.

One Wednisday, 31 of Julij, Gen: Maior Rob: Montgomerey, and Colonell
Straquhane, led out a pairtey, against the enimey, of 2000 horsse and
500 foote, and beatt him soundlie; and if he had had 1000 more, they
had routted his quhole armey. They killed to him 5 Colonells and L.
Colonells; mortly woundit L. Gen: Lambert, and aboue 500 souldiers, and
returned with no grate losse.

One Monday the 29 of Julij, Cromwell, with all his armey, assaulted our
trenches neir the Quarrell holles, bot wes valliantly beat offe and
repulsed, and 2 of his canon takin; and hes footte partey routted by
Lawers regiment, quho doublett alone, mounted the hill at St Leonards
chapell, and dange them from ther canon, wich they had planted ther to
shotte one our trenches at the Quarrell holles. The Englishe flange
ther armes from them, and betooke them to ther heiles, wntill a brigad
of horsse aduanced, and reganed ther canon; bot with grate losse of
men and horsse, quhom Lawers men from the hedges and rockes played
wncessantly with ther musketts.

Cromwell being soundly beattin one Vednisday by our men, reteired backe
to Muchellbrughe, Prestone and Inereske one Thursday, and ther begane
to intrinche himselue; he made stables of all the churches for hes
horsses quhersoeuer he came, and burned all the seatts and pewes in
them; riffled the ministers housses, and distrayed ther cornes.

Cromwell sent a trumpte, on Thursday the 1 of Aguste, to L. Generall
Lesley, with a liste of suche prissoners of ours as he had takin since
his inwading the countrey, wiche amounted to the nomber of 80, and
desyred that he might haue them exchanged.

The L. Generall, with the adwysse of the Committee, did returne the
blasphemer this anssuer, that he had giuen strict order and command to
all the countrey, not to take or moleste aney of his horsse ore footte
souldiers in ther peceable retrait home to ther auen countrey, bot to
intertane them kyndly, and assure them a saffe passage to ther homes.

The Comittee of Parliament for purging the armey, did meitt this 2,
3 and 5 dayes of Agust; they acted nothing against the enimey, bot
purged out of the armey aboue 80 commanders. The ministers in all
places preched incessantly for this purging, sheuing, if that committe
did not proceid, the consequences that wold follow wold certanly
proue lamentable and destructiue, and wold vndoubtedly multiplie Gods
judgments vpone the land and armey.

One Monday the 5 day of Aguste, Cromwell reteired backe with his armey
from Mussilbrughe and Innerescke to Dumbar, after he had sent the day
befor, a letter, most ridicolus and blasphemous to the Comission of the
Generall Assembley, and a replay to the Committee of Estaits anssuer to
his foolishe declaratione, being in effecte nothing bot a rapsodey of
bosting and hyperbolicke nonsense.

One Friday, the 9 of this mounth of Agust, ther came from the Committee
of the Armey and Kirk to his Maiesty, to Dumfermling, commissioners,
viz. the Earle of Lothean, Secretarey; Sʳ Archbald Jhonston, Register;
Mr Robert Douglas, Mr James Guthrie, Ministers; and Mr Robert Barclay,
Prouest of Irwing, to intreat him that he wold be gratiously pleased to
subscriue that declaratione, wich the armey so muche desyred his Maᵗⁱᵉ
to emitt for the satisfaction of all honest men; wich wes deliuered by
the Marques of Argyle to him some few dayes befor. His Maiestie did
receaue ther message gratiously, about 1 a clocke in the afternoone,
and delayed giuing them ane anssuer wntill his returninge from hunting
in the eiuning this night, wiche he desyred them to expecte; bot they
receauid no contentment: the King dennying absolutly to declaire aney
thing [that] might rube vpone his father, so they depairted, vpone
Saterday, vnsatisfied.

Cromwell, with his armey, raisse one Tuesday the 13 day, from
Mussilbrughe, and vent vest with touardes Colintoun; and our armey drew
fourth of ther trinches, and marched after them towards Corstorphine.

This Tuesday his Maiestie called a counsell at Dumfermling, the first
he held since his coming to Scotland; it [was] held in his Maᵗⁱᵉˢ
bed chamber; ther wer present of counsellers ther, Argyle, Lothean,
Eglinton, Tuedale, Lorne, Thesaurer-Deput, &c. The results of ther
consultatione wer, that his Maiestie should presently wreatt to the
Commissione of the Kirke, and shew them that he wold follow ther
adwisse, not only in the declaratione, bot in all thinges ells that
concernid the peace of the kirke and religion, and couenant; only he
intreatted them to be als sparing of his fathers name and memorie as
necessarily could be.

One Wedinsday, in the afternoone, the Earle of Weeymes and Mr George
Winrhame of Liberton, came to Dumfermling to his Maiestie, with a
shorte declaratione of the Comission of the Kirkes, ratified by the
Com: of Estaits, shewing, that since, by ther frequent messages and
petitions sent to his Maiesty anent his assent to a declaration to be
emitted, he had altogider refussed the same; thesse, therfor wer to
shew to the world, that wntill he condescendit to passe the forsaid
declaratione, they wold nather auen him nor his causse. The ministers
hes Maiestie had wrettin for 2 dayes befor, for soluing some scrouples
he had in the declaratione they demandit, cam to him one Thursday
to Dumfermling, viz. Mr Dauid Dicksone, Mr Patrick Gillespie.... And
after much disputatione, some alterations in wordes wer accordit one;
it being wrettin ouer in mundo, his Maiestie signed the same, at
Dumfermling, one Friday the 16 day of Agust, about 3 in the afternoone,
and immediatly therafter tooke horsse for Perthe.

They all, both churche and stait, passed from that declaratione sent by
the Earle of Weymes and Liberton; and gaue his Maiestie humble thankes
for granting the desyres of the church, staite, and armey.


_The Heads of the Declaration subscriued at Dumfermling, 16 Agust,
1650._

Thoughe his Maᵗⁱᵉ, as a deutifull sone, be oblidged to honor the
memorie of his royall father, and to haue in estimation the persone
of his mother, yet doeth he desyre to be deeply humbled and afflicted
in spirit befor God, becausse of his fathers opposition to the worke
of God, and to the soleme leauge and couevant, by wich so muche of
the blood of the Lordes people hath beine shed in thesse kingdomes;
and for the idolatry of his mother, the toleratione quherof in the
kings housse, as it was matter of grate humbling to all the protestant
churches, so could it not be bot a heighe prouocation aganist him, quho
is a jelous God, visiting the sinns of the fathers vpone the children,
&c.

2. That he hath not subscriued the couenant vpon aney sinister
intentione and crooked deseinge, bot sincerly; and that he will haue
no frinds or enimies, bot thesse of the couenant; requiring all to lay
doune ther enmity against the causse and people of God.

3. That the trettey with the Irishe be void.

4. That by hes commissions at sea, no merchants follouing ther trade
be interrupted; and though his Maᵗⁱᵉ desyre to constructe weill of the
intentions of thosse (in reference to him) that opposed the couenant,
zet he will not giue comissione to aney such, wntill they take the
couenant, and giue euidence of ther integritie, &c.

5. That he will satisfie the desyres of Englishe and Irishe good
subjects; and giue parliament of England, sitting in fredome, shall
prewin him with the propositions presented be bothe kingdomes, he
will not only accord them with alterations, bot doe quhat is farther
necessarey for prosecutting the ends of [the] couenant, especially
in reformation of the churche of England, and as the diwynnes at
Westminster accorded; and that the churche of England may enioy full
liberty and freedome of all assemblies, and pouer of kirke censures and
ordinances, and members, in matters ecclesiasticke, &c.

6. To passe ane acte of obliuion to all, except the cheiffe obstructers
of the worke of reformatione, and the authors of the change of
gouerniment and the murthers of his royall father; the number and
persons to be lefte to the housses of parliament; and prowyding they
lay doune armes.

7. That since the sectaries haue inwadit Scotland, &c. he desyres
and expectes, that the weill affected in England will lay hold one
the opportunity to promoue the couenant, and establishe the ancient
gouerniment, &c.

The armeyes remonstrance to the Comittee of Estaits, sent by the Lord
Burlie, Maior Generall Holburne, Sʳ Johne Brune and Colonell Gilbert
Ker, desyring the purging of the armey furder, if they think fitt; as
also the purging of his Maiesties courte and familey; and that they
wold putt the lawes made for that effecte to dew executione, &c. 15
Aguste, 1650.

The Committee of Estaits returned them harty thankes for ther
remonstrance and suplicatione, and assured them that they wold not
faill to endeuor ther wtermost to see thesse lawes made effectuall,
wich they tooke so to harte, as a matter of grate consequence and
heighe concernment for the good, honore, weilfaire and saftie of
religion, King and kingdomes.


  _The Comissione of the Kirkes and Comittee of Estaits Declaratione,
  quhen the Kinges Maiesty delayed to seinge the Declaration of the 16
  of Aguste; by them repelled, quhen the King seigned it._

Westkirke, the 13 of Aguste, 1650.—The Commissione of the Generall
Assemblie, considring ther may be just ground of stumbling, from
the Kings Maiestie refussing to subscriue and emitt the declaration
offred to him by the Committee of Estaits and the Commissioners of the
Generall Ass: concerning his former carriage, and resollutions for the
future, in reference to the causse of God, and the enimies and frinds
therof, doeth therfor declaire, that this kirke and kingdome doe not
owen nor espousse anie malignant parties quarrell ore interest; bot
that they fight meirlie vpon ther former groundes and principalls,
and in defence of the causse of God and of the kingdome, as they haue
done thesse 12 zeires bygaine; and therfor, as they disclaime all
the sin and the gilte of the King and of his housse, so they will
not auen him or his intrest, no wayes then with a subordinatione to
God, and sua fare as he aimes and prosecuttes the causse of God, and
disclaimes his and his fathers oppositions to the causse of God and to
the couenant, and lykwayes all the enimies therof; and that they will,
with conuenient speed, take in consideratione the papers laitly sent
wnto them from Oliver Cromwell, and vindicat themselues from all the
falshoods conteined therin; especially in thesse thinges quherin the
quarrell betuix ws and that partie is misstaited, as if wee auned the
lait Kings proceidinges; and we resolued to prosecute and manteine his
present Maiesties intrest befor and without acknouledgment of the sine
of his housse, and former wayes, and satisfaction to Gods people in
bothe kingdomes.

  W. A. KER.

13 of Agust, 1650.—The Comittee of Estaites hauing seine and considerit
a declaratione of the Commissione of the Generall Assemblie, anent the
staiting of the quarrell quheron the armey is to fight, doe approue the
same, and hartlie concur therin.

  MR THO: HENDERSONE.

2 Sept: being Tuesday, by the brecke of day, our armey being in grate
security, hauing left the hill, a grate pairt of them (wich was ther
strenth and forte) wer surprissed and routted by Cromwell and the
sectarian armey; maney takin of the footte, maney woundit, and about 8
or 900 killed.


At Stirlinge, the 12 of Septem: 1650.

  _A shorte Declaratione and Varninge to all the Congregations of the
  Kirke of Scotland, from the Commissioners of the General Assembly._

Albeit the Lord, quhosse judgments are vnsearchable, and quhosse wayes
past findinge out, hes brought the land werey low wnder the hand of
ane prewaillinge enimey. Zet must wee not forbeare to declaire the
mynd of God, nor vthers refusse to harken therto. It wer superfluous
to giue anssuer to the maney calumnies and reproches that are blazed
abroad; for albeit in eurey thing wee cannot justifie the conducte
of the armey, zet wee hold it our deutie to desyre eurey one not to
beleiue groundles reports, bot rather to eye the Lord, and looke
vpe to the hand that smytts them. And therfor, in the first place,
wee exhorte and varne all the inhabitants of the land, to searche
out ther iniquities, and to be deeplie humbled befor the Lord, that
he may turne away his wraith from us. The Lord hath wounded ws, and
chasteissed ws sore; wiche sayes, that our iniquities are muche, and
that our sins are incressed. It concerneth the King to mourne for all
the griuous prouocations of his fathers housse, and for all his auen
guiltines; and to consider if he hes come to the couenant, and joyned
himselue to the Lord, vpone politicke intrests, for gaining a croune
to himselue, rather then to aduance religione and righteousnes; that
it is iniquitie quhilk God will not forgett, excepte it be speedilie
repented offe. It concerns our Nobles and Judges to consider wither
ther carriadge in publicke matters be straight and equall, or rather
sauoring of seeking themselues and the thinges of this worlde; and how
they walke in ther families, and in ther priuat conuersations. Ther is
in maney a grate deall of peruersnes and incorrigiblenes in regard of
forsaking some and performing some deuties, notwithstanding publicke
confessions and ingagements; and this cannot bot heighlie prowock the
Lord. And it concerneth the officers of the armey, especially thesse
quho are cheiffe among them, to weight weell quhat the Lord hes aganist
them, and to repent of ther diffidence and carnall way of acting and
underwaluing of Gods people. And ministers haue also neid to searche
themselues concerning ther faithfullnes to be sound, for wiche God is
angrie; doubtles euen amongest thesse is muche negligence. Albeit the
Lord hes suffred that armey of perfideous and blasphemous sectaries
to prewaill, zet God forbid that the land should complay with him,
quhateuer may be the plauseable and faire carriage of some of that
enimey, zet doubtles, ther is ane lewin of error and hypocrassy
amongest them, wich all the lowers of treuth wold decern and awoyd. As
the Lord hes trayed the stabilitie and integritie of his people in the
land heirtofore, by the prewailling of malignants, so doeth he now tray
them, by the prewailling of sectaries; and wee trust they will thinke
it ther deutie and commendatione to proue staidfast against them, als
weill as the other.

3. Nather wold men be lesse cairfull and actiue to opposse the enimey,
than they haue beine in opposing malignants heirtofor; our religione,
liues, liberties and estaits, are als muche in hazard now as euer;
all the ordinances of Jesus Christ in the land are in danger, and the
foundatione lyke to be ouerturnid by thesse men quho are oblidged, by
the band of the couenant, to manteine all thesse; and it wer a grate
guiltines to ly doune and complay and crutche vnder the burden of the
strange impositions that they will lay wpone ws, and as men without
head, to suffer our land to be brought in bondage, and ourselues to
be robbed of all thesse thinges quhilk are most presious and deire to
ws. If wee should doe so, the Lord wold be angrie with ws, and our
posterity could not bot cursse ws.

4. Wee wold not think that all danger from the malignants is now gone,
seing that ther is a grate maney suche in the land, quho still retein
ther former principalls; therfor we wolde, with als muche watchfullnes
and tendernes now as euer, awoyde ther snars, and beware of complayance
and coniunctione with them; and take head, that wnder a pretence of
doing for the King and kingdome, they gett not power and strenth
wnto ther handes, for adwanceing and promoueing ther old malignant
desseinges. Doubtles our saftie is in holding fast our former
principalls, and keeping a straighte faithe, without declyning to the
right hand ore to the lefte.

5. It concernes all the inhabitants of the land to bewarre of murmuring
and complaning aganist Gods dispensations, and questioning the treuthe
and goodnes of our causse, or quarreling with God, or blaming or
casting of the couenent, becausse of aney thing that hath befallin
them, that wer a grate iniquitie not to be pardoned. Lett ws beare the
indignatione of the Lord patientlie, becausse wee haue sinned against
him, wntill he plead our causse and execut judgment for ws; he will
bring ws fourthe to the light, and we shall behold his righteousnes.


  _Causes of a soleme publicke humiliatione upone the defait of the
  armey, to be keepit throughout all the congregations of the Kirk of
  Scotland._

Albeit soleme publicke humiliations hes beine muche slighted, and gone
about in a formall way by maney in this land, so that it is not one
of the least of our prouocations, that wee haue drawin neire to God
with our mouthes, and keepit our hartes fare from him; for wich the
Lord hath turned the wisdome of the wysse unto foollishnes, and the
strenthe of the strong men unto weaknes; zet seing, it is a deutie that
hath oftin prowin confortable to wswards, God doeth nou call ws in a
speciall way by a singular peice of dispensatione; and knowing that all
quho are acquanted with God in the land will make conscience of it, wee
conceaue it expedient that the quhole land be humbled for the causses
follouing:

First, The continued ignorance and profanitie of the bodie of the land,
and the obstinacey and incorrigiblenes of maney, notwithstanding of all
the caires that God hath takin vpon ws by his word, and by his workes
of mercey and judgement, to teache ws in the knowledge of his name, and
to refraine ws from the eiuell of our wayes.

2. The manifest prouocations of the Kinges housse, wiche wee feare are
not throughlie repented off, nor forsaken by him to this day; togidder
with the crooked and precipitant wayes that wer takin by sundrie of our
statesmen for caring one the trettey with the King.

3. The bringing home with the King a grate maney malignants, and
indeworing to keepe some of them about him, and maney of them in the
kingdome, notwithstanding of publicke resolutions to the contrarey.

4. The not purging of the Kinges familie from malignant and profane
men, and the constituting of the samen of weill affected and godlie
persons; albeit it hathe beine oftin pressed vpone the parliament and
Comittee of Estaits, wndertaking and promissed to be performed by them.

5. The leueing of a most malignant and profaine gaurd of horsse to be
aboute the King, quho hauing beine sent for to be purgit aboute 2 dayes
befor the defaite, wer suffred to be, and feight in our armey.

6. The exceiding grate slaknes of maney, and auersnes and vntowardnes
of some, in the cheiffe judicatories of the kingdome, and in the armey,
in guid motione and publick deuties, especially in thesse thinges that
concerne the purging of judicatories and the armey from malignant and
scandalous persons, and filling all places of powre and trust with
men of knowen integritie and trust, and of a blamles and Christiane
conversatione; togider with grate inclinations to keepe and bring in
malignants to the judicatories and to the armey, as if the land could
not be gydit and defendit without thesse; and grate repyning and
craying out against all that is done to the contrarie, and studding to
make the same ineffectuall.

7. The exceiding grate diffidence of some of the cheiffe leaders of
our armey, and wthers amongest ws, quho thought wee could not be saued
bot by ane numerous armey; who, quhen wee haue gottin maney thousands
togider, wold not hazard to acte aney thing, notwithstanding that God
offred faire opportunities and aduantages, and fitted the spiritts of
the souldiers for ther deutie; for carnall confidence that was in maney
of the armey, to the dispysing of the enimey, and promising victorie to
themselues, without eying of God.

8. The lousnes, insolencie, and oppressione, of maney in the armey,
and the litle or no caire that was takin by maney to preserue the
corne, by wich it hath come to passe that werey much of the food of the
poore people of the land haue beine neidlesly destroyed; and quhill
wee euen remember this, wee wishe that the prophanitie and oppressione
of sundrie of oure officers and souldiers in Ingland, quhen we were
fighting for the assistance of the parliament of that kingdome, may
not be forgottin, becausse it was matter of stumbling in that land,
so it is lyke it is ane of the causses of the sore indignatione now
manifested aganist ws by the handes of thesse men.

9. Our grate wnthankefullnes for former mercies and deliuerances,
and euen for maney tokins of the Lords fauor and goodnes towards our
present armey quhill they wer togider, and the grate impatience of
spirit that was to be seine in maney thesse weekes past, quhilk made
them limitt the Lord, and to compleine and weerie of his delaying of
ane deliuerance.

10. The enuing and eyeing of the Kings intrest, and quarrell by maney,
without subordinatione to religione, and the liberties and saueties of
this kingdomes.

11. The carnall selue seiking and crooked way of sundrie in our
judicatories and armies, quho make ther imployments and places rather
ane matter of intrest and gaine, and preferment to themselues, then of
aduancing religione and righteousnes in the land.

12. The not putting difference betuix thesse that feare God, and thesse
that feare him not, for our seruices, our companie, our imployments,
bot acompting all men alyke, maney times preferring thesse quho haue
nothing of God in them.

13. The exceiding grate negligence that is in grate ones, and maney
others, in performing the deuties in ther families, notwithstanding of
our former soleme acknouledgment of the samen; as also, our neglecte
of the deuties of mutuall edificatione, and grate fruitfullness and
barrennes that is to be seine amongest all sorts of persons; togider
with the follouing of deutie with a grate deall of mixture of carnall
affections and fleschly wisdome, wich griues the Spirit of God, and
takes away muche of the beutie of the Lords image from our judicatories.

As we wold be humbled for thesse thinges, so wold wee also intreat the
Lord that he wold sanctifie this affliction to his people, that they
nather dispysse his chestisings, nor faint quhen they are rebukit of
him; bot that they may beare his indignatione patiently, and cleiue
steadfastly to the treuthe and the couenants, and the causse of God,
without zeilding to the pouer of the enimey, or receauing ther errors,
or complaying ather with them one the one hand, ore malignants one the
other; and that the Lord wold poure out of his Spirit wpon the people,
that ther spiritts may be raissed wnto ther deutie, and that they may
be filled and furnished of God with wisdome and resolutione to acte
aganist ther enimies for the honor of God, ther auen preseruatione; and
that the Lord wold not suffer them to be tempted aboue that wiche they
are able to beare, bot that he wold breake the yoke of ther oppressors
from off ther neckes, and giue them saluatione and deliuerance;
earnestly to intreat the Lord in priuat and in publicke, that he wold
preserue with ws the ordinances of Jesus Christe, the kingdome, the
Kings Maᵗⁱᵉˢ persone, the ministrie, from the pouer of ther enimies,
quho seekes the destruction of all.

       *       *       *       *       *

Maney of the ministers of the prouince of Fyffe, at the first, refussed
to reid thesse ressons, especially, Mr James Wood, Mr Ja: Bruce, Mr
Dauid Forret, Mr Frederick Carmichell, Mr Jo: Mackgill, zounger, Mr
Henrey Rymere, Mr Jo: Mackgill, elder, with maney more; wich wes lyke
to grow to werey grate schissime; some did not sticke to say, that
5 ore 6 men wer too bolde to giue out ressons to a quhole churche,
without a more frequent meitting of the Comissione of the Generall
Assemblay.

Mr James Wood mainly stumbled at some wordes ill placed and worsse
expressed, in the 2 artickle of the causses of the fast; he said he
wold with his pene (if they did not mend it) make all the world know
the wntreuthe therof. The wordes wer thesse: Togider with the crooked
and precipitant wayes that wer takin by our commissioners for carrinng
one the trettey with the King. Bot the ring leaders at Stirling, (to
quhome Mr James, and some of the deligatts of the prouinciall of Fyffe,
posted in grate haist, both ministers and elders) gaue contentment,
by expressing the former so:—Togider with the crooked wayes and
precipitant, that wer takin by sundrie of our staitsmen, for carinng
one the trettey with the King.

The synod of Fyffe for the most pairt, lykwayes, at this tyme, wold
haue suche as wer classed for the lait ingagement, 1648, and now wer on
ther satisfactione and penance, receauid to the participatione of the
sacraments, and giue satisfactione to the kirke, admitted to publicke
imployments in the comon defence of ther natiue countrey. Bot this was
altogider denayed both by the Comissione of the Generall Assembley and
Comittee of Estaits, convennid at Stirling, the 25 of Sept: 1650.

Stirling, 27 Sept: 1650.—The Comittee of Estaits, considering the
necessarey deutie lying vpone them, in prosecutione of the acte of
parliament, and according to the frequent and serious remonstrances
of the Commissione of the Churche, for purging of the Kings familey
of al profaine, scandalous, malignant, and disaffected persons; and
that it be constituted of such as are pious, and weill affected to the
causse and couenant, quho haue not opposed the same by ther counsells
and actions. And lykwayes considring the grate offence hes beine takin
that the persons after nominatted haue not remoued from courte, nor
depairted out of the kingdome respectiuely; and hauing takin also into
consideratione the report of the sub-comittee, appoynted to think one
the purging of the Kings familey, doth heirby therfor ordaine and
command the French Marques of Villaneuffe; the Earle of Cleueland;
Lord Wentworthe, his sone; Viscount Grandeson; Lord Volmett; Lord
Withringtone; Robert Longe, Secretarey; Sʳ Eduard Walker, Garter; Mr
Progers, Groome of his Maᵗⁱᵉˢ Bed Chamber; Master Lane; Master Marche;
Colonell Darcey; Mr Antoney Jacksone; Maior Jacksone; Colonell Loes;
Master Oder, wnder Secretarey; Lord St Paule; Sʳ Philipe Musgraue; Sʳ
Faithfull Fortskew; Sʳ Timothey Fetherstons; L. Coll: Meutis; Collonell
Carbraithe; to depairt the courte within 24 houres, and to remoue out
of the kingdome within 20 dayes after intimatione; and Doctor Fraser,
and Sʳ George Melueill, to withdraw from the courte within 24 houres.
And to the effecte that the persons forsaid may not pretend ignorance
heirof, the comittee ordanes Sʳ James Balfoure of Kynaird, Knight, his
Maiesties Lyone King of Armes, to make dew and speedie intimatione
heirof; comanding Sʳ Jo: Broune, Colonell, and the officers of footte
of his Majesties lyffe gaurd, to put this present acte into executione;
with certificatione to all and eurey of the afforsaids persons, that if
they falzie to giue obedience heirwnto, the said Sʳ Jo: Broune, Coll:
is to apprehend them in aney place within the shyres wher they shall
be; and the officers of the footte gaurd to seasse vpone them within
the verge of the courte, to be disposed vpone as the comittee shall
thinke fitt; for doing quherof, thesse shall be comand and varrand
sufficient. Extract.

  C. W. HENDERSONE.

  With this acte for purging the Kings housse, the
  Comittee of Estaits wrett me this letter followung,
  bearing dait at Stirling, the 26 day of September,
  1650.

  Much honoured—Wheras wee haue thought it
  necessarey that the persons mentioned in the acte
  heer inclosed be remoued from courte, and ordaind
  to depairt out of the kingdome, wee doe herby authorisse
  and requyre you to intimat the same to the
  persons concernid, and to see the acte put in executione
  by the officers of the armey therby ordanid to doe
  it; to quhome you are lykwayes to intimat the ordinance
  of the committee, that if need be, they may
  doe quhat is enioyned them by the acte. The prosecutione
  quherof wee committ to your care and
  faithfullnesse, as you will be anssuerable, not doubting
  but you will approue yourselue to

  Your affectionat frinds,
  E. LOUDOUN, Cancellarius.

  J. P. D. Com:

  Stirling, 26 Octob: 1650.

       *       *       *       *       *

I receaud this afforsaid letter at my auen housse of Kynaird, aboute
9 a clocke in the morning, one Thursday the 3d of October, and was
at Perth about 12 a clocke the same day; and after I had kissed his
Maiesties hand, I shew him my message. He desyred me to forbeare making
intimatione to 9 of them, wich he marked with a long score in the roll,
wntill he spoke with the Lord Chanceler, to quhome and the comittee,
he had wrettin to spare thesse wntill the sitting doune of the parl:
bot desyred me to goe one with the rest of them. That same night, at 9
at night, the L. came to Perth, and spoke with the King one Fridayes
morning, and brought him a letter from the Comittee of Estaits,
containing ane absolute refussal to suffer aney of thesse persons sent
to me in list, to stay aboute his persone or courte; so I went one, and
made intimatione to all, ather by word or wreat, conforme to the acte
and missiue of the Committee of Estaits directed to me.

Friday, 4 Octob: 1650.—The Kings Maiestie, as if going one hauking,
went auay from St Jhonstoune one horsse backe, about halffe ane houre
past one in the afternoone, accompanied only with thesse folloung
seruants:—

Henrey Symeour, a Groome of his Bed Chamber; Mr Rodes, Mr Androw Cole,
and Mr Tho: Windam, 3 Gentlemen of his Stable; with Mr Cartewright,
a Groom of his Priuey Chamber; without aney change of clothes or
linnings, more then wes one his bodey, in [a] thin ryding sutte of
stuffe. From Perth he red softlie throughe South Inche, and then at a
full carreire, to the backe of Inche Shyra, quher he passed, and in ane
houre and a halffe from Perth, red to Didope, by Dundie; from thence,
the Viscount of Didope conwayed him to Aughter Housse that same night,
and not staying ther, the Earle of Buchan and Vis: Didope conwayed
him to Cortuquhay, the duelling place of the Earle of Airlie, ane
excommunicat papist, quher, after a litle refreshment, that same night
he read with a gaurd of some 60 or 80 Heighlandmen wpe the glen to ane
poure cottage belonging to the Laird of Cloua; in al, from Perthe, the
way he went, some 42 myles befor he rested.

One Fridayes night, 4 Octob: a litle befor day, hauing layed him
to rest his weiried bodey, he was found by L. Collonell Narne, of
Sanfurd, and Colonell Bynton, ane Englishman, sent by Colonell Robert
Montgomerie, (quhom Scottscraige, by the way of Fyffe, hed adwertissed
at Forfar of his Maiesties suddaine deperture to the malignants from
his auen people and court) laying in a nastie roume, one ane old
bolster aboue a matte of segges and rushes, ouerweiried and werey
fearfull.

In a prettey space after Narne, came Robert Montgomerie and
Scottscraige, with Sʳ Alex: Hope and one of his Maiesties haukes; they
did persuad the King to horsse, it being nou almost 7 a clocke, and
they wold wait one him, and liue and dye with him. The King told Rob:
Montgomery that Doctor Frasser had betrayed him, in assuring him that
he should haue beine, that day he cam away one, deliuered vpe to the
English, and all hes seruants hanged. They assurid his Maiestie that
all was most falls, and he bot a traitor; thus discoursing, Didope,
and his few Cloua men that wer then his Maiesties gaurd, wold haue
had the King vpe to the hills, assuring him, that ther, within some 5
or 6 myles, he wold find 2000 horsse and 5000 footte to atteind his
commandiments; bot erre he was awarre, Rob: Montgomeries 2 regiments
of horsse appeirs, some 600 horsse, quherat Buchan, Didope, and ther
begerly gaurd, begane to shecke ther eares, and speake more calmley,
and in a lower strain; so they conducted his Maiestie to Huntley Castle
in the Carsse of Gourey, quher he stayed all Saterdayes night, and from
thence, one Sunday in the afternoone, he came to Perth, the 6 of Octob:
and hard sermon in his auen chamber of presence, the afternoons sermon
in the toune being endit befor he entred the toune.

4 Octobris, 1650.—This same day, about 5 in the eiuning, the L.
Chanceler, seinng the King wes in effect depairted, and had left
them, he called all of the Comittee of Estaits, and such as wer weill
affected, to meitt in the westrey of the churche.... It was resolued
at the meitting to send after the King commissioners, viz: E. of
Dumfermling, E. of Louthean, Secretary of Estait; Sʳ Charles Erskyne,
James Suord, and Mr James Durhame, the Ks: Minister.

Ther wes wrettin a myld and descreit letter, bechinng his Maiestie to
returne from that euiell way he had takin, wich might proue destructiue
to himselue, his posteritie, and kingdome, if he did not speedilie
returne.

The commissioners had 10 artickells of instructions giuen to them, wich
they wer to mannage according as necessity should requyre.

10 Octobris, Thursday.—The comittee saitt in his Maiesties priuey
chamber at Perth.


King present: &c.

_Nota._—This is the first tyme that euer the King satt in the Comittee
of the Estaits of Parliament.

[11 October.]—Letters from L. Generall Lesley to the Lord Chanceler,
read, shewing that the enemy was marched towards Glasgow.

This day the Comissioners of the Generall Ass: represents to the
committee the abusse of commanders, in taking money for men and horsse,
to the grate preiudice of the lewyes; as lykwayes of the abusses wssed
by souldiers vpone the countrey people. This complaint alredey comitted
with that of the not attending commanders.

A sub-committee appoynted to thinke wither or not Cromwells letter
deserues ane anssuer, and it to be communicat to the Commissione of the
Gen: Ass: It is thought fitt to be ansuered, and the sub-comittee to
draw vpe ane anssuer to it.

The Com: of Estaits ordaines the subiecte of the conference with the
kirk to be, That ther may be suche vnity within the kingdome betuix
thosse that lowes the causse, and to thinke vpone the most fitting
means for that effecte.

Comittee ordaines all officers furthewith to repaire to ther charges.

Cassiles, Brodie, and Rob: Locart to comunicat thesse thinges to the
Commission of the Kirke.

Monday, 14 Octobris. The La: of Bogie, wpone the recommendation of the
Commission of the Kirke, is reponid by the Comittee of Estaits to his
former integritie, and putt one the Comittee of Warr of Fyffeshyre.

[15 Oct.]—The Earle of Linlithgow, vpone his petitione, and
recommendatione of the Comissione of [the] Kirk to the Comittee of
Estaits, is admitted to the inioying of aney publicke employment in the
kingdome, he being ane engager aganist England.

[16 Oct.]—The Lord Montgomerey petitions the Com: of Estaits to be
reponid, and produces his recommendatione from the Commissione of the
Kirke, in respecte he had satisfied the kirke, and was penitent for
his accessione to the ingagement aganist England; and that they had
accepted of others. This bill refussed _pro tempore_, and remitted to
the parliament.


  _The Northerne Band & Othe of Engagement, sent by Mideltone to L.
  Generall Dauid Lesley, 26 of October, 1650._

We wndersubscriuers, being tuoched with a deepe sence of the sade
condition this our natiue kingdome of Scotland is in, by a prewailling
armey of sectaries, quho hauing murthered our lait King, and ouerturned
religione and gouerniment in our nighboure kingdomes of England and
Irland, hath invaded this kingdome, and are in a way (hauing so
considerable a pairt of it wnder footte alredey,) to reduce the quoll
to a prouince, except the Lord by his mercey prewent it, by ioyning
his Maiesties subiects in the band of vnitie, wich is the onlie meine
(in our judgement) to preserue religione, King, and kingdomes. Bot
to the greiffe off our hartes, wee find, in place of vnione, the
breache growing wyder, and that not onlie in churche and staite, bot
lykwayes in the remnant of our armey; our resolutions are firmlie
and faithfully to ioyne ourselves togither, and nather for feare,
threttning, alurment, nor aduantage, to relinquishe so good a cause, or
lay doune armes, without a general consent; and quhat shall be done to
the least of ws all, in prosecutting the said vnione, shall be takin as
done to ws all. And seing the best wndertakings are wnder the mercey
of censure and malice, wee cannot bot apprehend to be subiect to the
lawless inquisitione. Therfor, and for satisfactione to all quho are
satisfiable, wee doe promisse and sweare, that wee shall manteine the
trew religione, as it is established in Scotland; the couenant, leauge
and couenant; the Kings Maiesties persone, prerogatiue, gratnes, and
authoritie; the preuilidges of parliament and freedome of the subiects.
So helpe ws God.

  _Sic subscribitur_, HUNTLEY. ATHOLE. SEAFORT. ST CLARE. JO.
  MIDELTONE. PAT: GRHAME. Sʳ GEO: MONRO. TH: MACKENZIE. JO: GORDON.
  WANDERROSSE. W. HORRIE, &c.


_Midiltons Letter to L. General Lesley, from Forfar, 24 of Octob: 1650._

  Rᵗ Honorable,

  Being still sensible of maney ciuilities conferrid vpon me by you,
  and being most desyrous to continew myselue in your fauor, and shune
  aney thing that may tend a breache, I haue sent you inclosed the
  ground of our ingagment, quherby you may perceaue we onlie ayme at
  vnione. Wee are to goe vpon the samen grounds you professe. Nather
  in reasone can it be expected that men at this tyme should looke
  vpone bussines vncontented; we are Scotishmen, we desyre to fight
  for our countrie; religion, king and kingdome are in hazard; we
  desyre to ioyne with others vnder your commande, without changing
  the stait of the questione. Others wnder your command are ane other
  way; we are hopefull that you will not shed the blood of your
  brethreen, nor put ws to that wnhappey necessity as to shed yours in
  our auen defence. It may be obiected, that wee did fall on Sʳ Johne
  Broune, his regiment, in ane hostill way, wee thanke God that non
  in that regiment, nor aney belonging to ws did fall, nather think
  that ther was one drope of blood shed; bot it was Sʳ Johne Browns
  briske expressions that did occasion it. I beseiche you, by all the
  expressions of frindschipe, and by that woue ze owe religione, king,
  and kingdome, to indevore vnitie, and not to enter in bloode with
  thesse that are redey to perishe for that samen pretious treuth you
  fight for; not doubting bot in this you will approue yourselue ane
  countreyman and kynd frind to him quho has put one a resolutione to
  be your faithfull frind and humble seruant.

  Jo: Mideltone.

  Forfar, 24 October, 1650.

       *       *       *       *       *

Quhen Cromwell had sent a letter to the Comittee of Estaits, of the
9 of October, 1650, he sent the duplicat of the same to the westerne
armey and ther comanders, Ker and Straquhaine, quho, after they and
ther comittee had perused it, they resolued to returne no publicke
anssuer therto, since, as they thought, the Comittee of Estaits wold
anssuer it; only they resolued to returne him thesse 6 following
querees for anssuer, as Sʳ George Maxswoll quho presented ther
remonstrance to the Comittee of Estaits at Stirling,—— of October
instant.

1. Quhay is satisfaction demandit? 2. Quhat is the satisfaction
demandit? 3. For quhat is the security demandit? 4. What is the
security ze wold haue? 5. From quhom is the security requyred? 6. To
whom is the security to be giuen?

After the remonstrance of the westerne armey was presented to the
Comittee of Estaits at Stirling, and accepted be them, and marked by
ther clerke, produced by Sʳ Geo: Maxswoll in name of the comanders,
gentrey, ministers and armey, (calling themselues the Westerne Forces,)
therafter within 3 or 4 dayes was [the] thre follouing papers sent
by them to Courte and Comittee of Estaits at Perth, Tuesday, 30 of
October—[viz.]

30 Octob: 1650.—It being manifest that the Kings not prosecutting the
causse of God, nor walking in ane subordinatione to God, bot rather
in oppositione to the work of God and the couenant, and cleiuing to
all the enimies, we doe therfor, according to the declaratione of the
churche and stait of the 13 of Aguste 1650, disclaime all the sin and
guilt of the King and his housse, both olde and lait; and declaire,
that wee doe not allow him nor his intrest in the stait of the quarrell
betwix ws and the enimie, aganist quhom, if the Lord will, wee are to
hazard our liues.

2. That within Scotland he ought not to be intrusted with the exercisse
of his power, till such tyme as ther be conwincing and cleir euidence
of ane reall change in him; and that ane effectuall coursse ought to
be takin for prewenting, in tymes coming, his coniunctione with the
malignant partey, and for traying the causse of his lait deserting of
the publicke counsailles, and of all quho had accession therto; and for
disabling malignants, vntill they be out of capacity to hurte the worke
and people of God.

3. That the publick judicatories be free, that ther is iust causse
in Gods sight to charge some eminent persons in our counsells and
forces with ingagements and deseinges to inwade Ingland, for inforcing
the King one that natione; and that it was a grate prouocation in
aney persone to haue intendit ane inwasion to Ingland, for the
inforcing of the King one ane other natione, not subordinat to ws;
with consideratione of the necessities and vnlawfullnesse therof for
cleiring of our calling to it, or remoueing the Lords contrawersie
aganist the King, quhom justly the Lord had remowed from the
gouerniment of the kingdome, quhatsomeuer in justice was one mans
pairte.

       *       *       *       *       *

  _To the Rt Honorable the Committee of Estaits, the humble
  Remonstrance of the Gentlemen, Commanders and Ministers, attending
  the forces in the west._

  17 October, 1650.

Althoughe wee do not judge of the wndertakings of the Lords people by
the successe, and be not shaken by the dissipating of our armey, nor
brought in question our causse, zet wee thinke ourselues, and all the
people of this land, called by thesse late dispensations to searche
and tray our wayes; wee doe therfor esteeme it our deutie (quhill wee
are about to adwenture our liues againes the enimie, as prowidence
shall giue opportunitie) freelie and faithfullie to make our thoughts
knowen to your Lops: concerning the causses and remedies of the Lords
indignation wich hath gone out aganist his people, quherin wee supposse
wee neid not insist vpone the lait sinns conteined in the lait causses
of the fast, published by the Commissioners of the Kirke, relatting
to the conducte and carriage of our armie, and other thinges; bot wee
shall speike to that wich most directlie concerns your Lops:

1. That wiche is obuious, in the first place, amonge the sinns of the
land, is our late proceidings with the King; quherin, that wee be not
mistakin, wee shall distinguish betuix our deuty and our sinns.

Wee owe and acknouledge for our deutie, to wsse all lawfull wayes and
means for reclaming the King, and to owne his intrest according to
oure vocatione, so fare as he owns and prosecuttes the causse. Bot we
are conwinced that it is our sinne, and the sin of the kingdome, that
quhen the King had walked in the wayes of his fathers oppositione to
the worke of reformation, and the soleme leauge and couenant, wntill
he had gone the lenthe of confirming a peace with the Irishe rebells,
for pardon of the blood shed of so maney thousand protestants, and
allowing them the exercisse of the popesche religion; and quhen he
had giuen commissions to the appostat rebell James Grhame to inwade
this kingdome: that after all this, commissioners should haue beine
varrandit to assure him of his present admissione to the exercisse
of his royall power, vpone his profession to ioyne in the causse and
couenant, not onlie without aney furder euidence of his repentance,
wnto the renewing of the Lords contrawersie with his fathers housse,
and without conuincing euidences of the realitie of his profession,
and his forsaiking his former principals and wayes; but quhen ther was
pergnant presumptions, if not cleir euidences of the contrarey.

2. That ther was to grate haist and præcipitatione in a second addresse
to the King, after the first had beine reiected, as appeired in the
publick motion of it, without aney consultation about it; in the
suddaine electione of commissionars for the soleme addresse, and in
refussing to delay the matter wntill the meitting of the parliament,
then werey neire; and all this haist made quhen ther was informatione
giuen that his Maieatie at the same tyme had giuen commissions to
inwade this kingdome, and without seeking the Lords directione in a
matter of so heighe consequence to the worke and people of God.

3. That the trettey was continewed after the Lord had cleirlie
discouered the Kings wnstraight dealling, in the invasione actuall of
this kingdome, by his varrant and commissione during the trettey.

4. That ther was too grate forwardnes in some of the commissioners to
closse the trettey, without satisfaction requyred by the parliament,
and ther imploying instruments to persuade the King, who wer ather
oppin enimies to the causse and couenant, or had delte deceitfully
therin; from quhom nothing could be expected, bot to teache his Maᵗⁱᵉ
dissimulatione and outwarde complyance, rather than aney cordiall
coniunctione with the causse and couenant.

5. Quhen the parliament of this kingdome was acquanted with the
transactions of our commissioners with the King at Breda, and had
declared ther disaffectione with sundrey things therin, and had made
the same knowen to our commissioners; zet plainnesse and freedome
was not wssed with the King, to declare wnto him befor he cam from
Holland, the sence of this kingdome vpone the trettey. Bot his Maiestie
was brought to sea with a wicked companie of Scottishe and Englishe
malignants, expresly contrarey to the directions of parliament.

Quhen the Lord had in a wounderfull prouidence brought to the weiu
of the parliament his Maᵗⁱᵉˢ bloodie commissions to James Grhame,
and seuerall letters discouering his firme adherence to his former
principalls, euen quhen he was proposing a trettey with this kingdome,
and of resolutione to make wsse of his forces lewied by James Grhame
for the inwading of this kingdome during the tyme of the trettey.
Notwithstanding of all this, they proceided to closse a trettey with
the King, and admitt him to the present exercisse of his power, and
that befor aney trayell had, or euidences giuen of aney reall change in
him.

Thesse thinges wee looke vpone as heighe prouocations befor the Lord,
thretting no lesse the destructione of ws and of our King.

Notwithstanding this sinfull way of aggrement with the King, for wich
wee and maney of the Lords people in the land haue mournid, finding
nothing in all the progresse of the bussines that might giue ws aney
sure ground of hope that the Lords contrawersey was remoued from the
royall familey, yet haue wee bein willing to wait wntill the Lord
should make some discouerey, wither the King had really ioyned in
the causse and couenant, or had onlie come in for worldlie ends and
deseinges, and had reteind his olde enmitie at the worke of God, and
frindschipe with the enimies therof. Bot now ther being cleir euidences
that the Lord hath bein deceaued and ensnared by his dissembling in the
Lords worke as may appeire,

1. By his countenancing and entertaning the malignant partey in this
kingdome, his cleiuing to ther companey and following ther counsells,
quho haue abused him, taught him to continew in his former opposition
to the worke, and in his lait compliance, that he might wind himselue
in power to prosecute his former desainges.

2. By his keiping correspondence withe the notorious enimies of the
worke of reformatione and couenant abroade, suche as the Marques of
Ormond, the Earle of Newcastle, and others.

3. By his refussing to seinge the declaratione offred to him by the
Comittee of Estaits and Commissioners of the Generall Assembley, wntill
he was necessitated by declarations concerning him, and wntill it was
in a kynd extorted from him.

4. By his perseuing the same desinge since the trettey as befor,
indeworinge to haue the malignants of his kingdome in pouer and trust,
as appeirs by his frequent conwersing and correspondencies with them,
notwithstanding they are discharged the courte by acte of parliament.

5. By his wretting to the Comissione of the Kirke to that purpose,
and quhen it was denayed by them, by his instructions to the Lord
Chanceler, communicated to the Comittee of Estaits the 26 of September
last, pleading for a coniunction with the malignant partie; and, at
last, quhen nather kirke nor staite did giue ther concurrence therin,
he deserted the counsailles of the kingdome, and priuatly conwayed
himselue away with the malignants, quho had euer since his coming
to the kingdome waitit for that opportunitie, and with quhom he had
corresponded in carrinng one a deseinge to raisse them againe in armes.

By thesse thinges, it being now manifest that the King is not
prosecutting the causse of God, and valking in subordination to God,
bot rather in opposition to the worke of God and the couenant, and
cleiuing to the enimies therof, according to the declaration of kirke
and stait of the 13 of Aguste 1650, wee disclaime all the guilte and
sin of the King and of his housse, both olde and lait; and declaire,
that wee cannot owen him and his intrest in the stait of the quarrell
betuix ws and the enimey, aganist quhom (if the Lord will) we are to
hazard our liues.

And further, for the remedey of quhat is past, and prewenting of more
sin and danger to the worke of God in this land, wee humblie offer to
your Lops: that besydes the repenting off and humbling yourselues for
thesse thinges, your Lops: wold be pleassed, according to the acte
of the 7th of Februarij last, judgeing it necessarie securitie for
the causse, that the King forsake the counsells and counsellers that
haue been opposit therwnto; and according to the acte of parliament
explaining the inwitatione wich approues therof onlie in this sensse:
he performing satisfactione to the desyres conteind in the 4 demands,
and according to the acte ratifiing the trettey, and putting him in
the exercisse of his power, with the lyke restriction and conditione,
he reuling according to the counsells of this kingdome and kirke. To
consider that the King not hauing forsaken the counsells and companey
of malignants, bot still cleiueng to the same, notwithstanding of all
the endeuors wsed by kirke and staite in the contrarie, and not hauing
performed the satisfaction promissed by him in the trettey; and not
reulinge according to the counsells of the kingdome; bot forsaking the
same to ioyne with malignant counsells and forces wich he was bound
to abandon: Withere this be not suche a breache of his conditione to
performe the satisfactione promissed, and suche a discouerey that he
hath not ioyned cordially in the causse and couenant, as giues good
ground not to intrust him with the exercisse of his power, till suche
tyme as ther shall be conuincing and cleire euidence of a reall change
in him; and that your Lops: should take ane effectuall coursse for
preuenting the Kinges coniunctione with the malignant partie for the
tyme to come; and for the tryall of the last malignant deseinge of the
Kings deserting the publicke counsailles, and of all thesse quho haue
had accessione to it, and for disableing the malignants, quho haue by
ther lait acteinges discouered deepe hypocrisie and mocking of God, by
a profession of repentance, till they be out of capacity to hurte the
worke and people of God?

II. Albeit the publicke judicatories of the kirke and stait haue, by
ther declarations, sufficiently cleired themselues of that wich is
wniustly charged vpon them by the adwersarey, to witt, ane ingagement
to the King, and a deseinge laide to inwade England, and force the King
vpone that nation by armes. And althoughe wee cannot purge ourselues
befor the Lord, that we neuer had aney suche deseinge, wich wee can
professe with the more cleirnes, becausse nather the lawfullnes nor
necessity therof, nor our calling therwnto, was euer so muche as
debaitted in the publicke judicatories; all wiche was declared to be
necessarey to aney suche resolutione, and to wich wee purposse still to
adhere. Zet wee beseiche your Lops: to consider wither in Gods sight,
quho will not be mocket with declarations contrarie to intentions, ther
be no iust causse to charge some eminent persons in our counsaills and
forces with suche ingagements, and deseinges to inwade England for the
enforcing of the King vpone that nation, and for enriching themselues
with ther spoyles. And that the Lord is righteous in doing to this
nation, as maney in our armies did to England quhen wee wer called to
ther assistance, and as was intendit by maney to be done againe by a
new inwasione.

Lett it therfor be zet examined how grate a prouocatione it is in aney
persone to haue intendit ane inwasione, and forcing of the King vpone
ane other natione not subordinat to ws, without a preuious debait
and determinatione of the lawfullnes and necessity therof, by the
parliament, or Generall Assembley, or ther commissioners; and without
a preuious cleireing of our calling to it, and without the preuious
remoueing of the Lords contrawersie aganist the King, (quhom iustlie
the Lord hes remoued from the gouerniment of that kingdome, quhatsoeuer
justice was in mans pairt,) and with ane intendit coniunctione with the
malignant partie, so fare contrarey to the publicke declarations and
professions of the kingdome, and attestation of God that wee had no
suche deseinge.

If it be sin in ws to haue put in the Kings handes the exercisse of
power in this nation, befor euidences had of a reall change in him, how
much more sinfull must it be to haue deseinged, or to haue endeuored,
the putting more power in his hands in England; wee cannot judge
otherwayes of suche a deseinge, then to be preferring of mans intrest
to Gods, and a betraying of his causse and people wnto the handes of
one quho had not layed doune his enmitey aganist bothe.

In the nixt place, the grate and mother sin of this nation wee conceaue
to be the backslydinge breache of couenant, and engagements wnto the
Lord. It hath beine our maner in our troubles to call one wowes and
resolutions aganist thesse sins, wiche haue beine looked vpone as
causses of our affliction; wee haue [so] often leied wnto the Lord with
our tounges, and flattered him with our lippes, that wee deserue to
be no more trusted by him; and as wee purpois not to forgett our aueh
breaches of couenant and sins of this sorte, so wee humblie desyre your
Lops: to lay it to heart:—

1. How vnansuerable ze haue walked to your soleme ingagement to purge
the judicatories and armies, and to fill the places of truste and
power with men of knowin good affection to the causse of God, and of a
blamles and Christian conuersation. Haue not some amongest you beine
the cheiffe obstructors of the worke, by retarding conclusions, by
studing to make them ineffectuall, quhen they haue beine takin; by
your partiall dealling, differencing men according to ther intrests,
countenancing, fauoring, keiping in and helping to places of power and
trust, suche malignant and profane persons as might be subseruient to
your deseinges; by your reckoning it qualificatione good aneuche, if a
man be free of accession to the ingagement, thoughe he wer otherwayes
malignant or prophaine; by your sparing of thosse in eminent places
and truste in the judicatories and armies, and taking no trayell of
the qualifications, according to your vowis, quhill you wer doing some
deutie vpone them of lower degree, quherby it hath come to passe, that
ther remaine zet spots in your judicatories wich diminishes your crydit
and authority, and occasione is giuen to the enimies to blaspheme the
causse of God!

For remedeeing quherof, may it pleis your Lops: to take zet are
vnpartiall way of remowing from the King, the judicatories, and armies,
all suche persons as haue not the qualifications conteind in the 7th
desyre of the kirke to the parliament, 1648, and to the 10 and 12
pages [of] our soleme acknouledgement and ingagement, and in the acte
of parliament for keeping the judicatories and places of trust free of
corruptione. That your Lops: be not found walking still in [the] same
way, sinning zet more quhen wrathe is gone in the gude land; lett it be
farre from your Lops: to hold fast deceit, and to refusse to returne
from that werey sin wich hath beine publickly acknowledged by you and
all this kingdome.

2. Albeit nothing can be addit to that wich is spokin of the madnes
and sinfullnes of complaying with malignants in the 5 and 6 page of
the soleme acknouledgment and ingagement; zet maney of your Lops: haue
sliden backe and returnid to the way wiche not longe since ze called
sinfull befor God, by receauing malignants into intimat fellowschipe
with yourselues, admitting them to your counsailles, and bringing in
some of them to the parliament and comittees, and to be aboute the
King; so that ther are maney pregnant presumptiones of a desinge in
some of your Lops: to sett vpe and imploy the malignant partey againe,
at least ther are demonstratiue euidences of a strong inclinatione to
entrust them againe in the managinge of the worke of God.

When wee compare togider the assurances that wer giuen to the
malignants that wer with the King in Holland; the bringing of thesse
home; the studious indeuors that haue beine vssed to keepe some of
them in the kingdome and aboute the courte; the admissione of all the
malignant partie to resorte to the courte without aney effectuall
restraint; the forshewing and grudging at the purgeing of the armey
from malignant persons; the obstructing of the purging of the Kinges
familey and the lyffe gaurd of horsse; the pleading of some in the
judicatories for persons that are secludit from trust by the publicke
resolutions; the profession of others in the Committee of Estaits of
ther desyre and resolutione to put power in the hands of knowen and
eminent malignants in Scotland, and of raissing the malignants in
England in armes, vnder the name ef the kirkes partey. The conniwence
of some amongest you, as the Kings correspondencies with the enimies of
the causse abrod; the leawinge out vpone debait, in the orders for the
new lewies, the qualifications of the acte of parliament for the lewies
and posture; the endeuors that haue beine wssed to hastin the Kinges
coronatione, and for putting him in the full exercisse of his power,
notwithstanding that he hes not forsakin his eiuell counsellers and
companey of malignants, according to the trettey.

And lastlie, quhen wee ioyne with thesse the assistancis and endeuors
of maney in the Committee of Estaits for carrinng one the Kings lait
oppositione of a coniunction with the malignant partie, and with the
Clans and Heighelanders quho haue beine in rebellion; wee wounder
that your Lops: are not ashamed so quickly to haue turned asyde, and
forgottin your lait wowes, and the maney bands that are vpone you to
abstaine from suche wayes. And wee humblie thinke that your Lops: giue
too grate occasion to the enimie that hes inwadit our land to charge
you with a malignant deseinge, and setting vpe the old malignant
interest.

For remedie quherof, wee humblie proposse, not onlie that all suche
backslydinges may be repented of, and all thosse coniunctions with
the malignant partie forsakin and abhorred; bot that a speedie and a
current way may be takin by your Lops: for discourey and remoweall of
all suche persons as shall be found to haue contriued and actiuely
promotted the forsaid desainge, from the Comittee of Estaites, the
armey, the courte, and all wther places of trust, that the worke of the
Lord and the kingdome may not be in hazard throughe ther influence wpon
the publicke judicatories or wpone the armey.

3. Wheras the sinns of couetousnes, oppression, and selue-seiking haue
beine oftin reproued in your Lops: and are enumerated with the sins of
this land, and confessed, and wowes takin one for awoyding thesse sins
the tyme to come, the soleme acknouledgement and ingagement; zet wee
conceaue, amongest other sins, for the iniquitie of your couetousnes
the Lord hath beine wrothe, and hath smittin the land, and for your
selue-seeking and studinng your auen intrest and endis; becausse that
notwithstanding you and wee haue said to the Lord, and suorne, that
denaying ourselues, and our auen thinges, and laying asyde all selue
interest and endis, wee shall aboue all thinges seeike the honor of
God and wealthe of his people, zet quho knoweth not that some of
your Lops: hath made your pouer, places, and imployments, rather a
matter of gaine and interist to yourselues, then of seeking the good
of the causse, and the wealthe of the people. Wher is the denayell of
yourselues, and of your auen thinges, wich was promissed to the Lord?
Hath not your litle finger beine heauier then the loynes of the worthey
reweler, quho wold not eat the bread of the gouernour, that he might
easse the peoples burden? How few are ther amongest your Lops: quho
will emptie themselues for the good of the causse?

For remedie quherof, wee beseiche als maney of you as hath greidily
gained, and made aduantage of the publicke and of the poore of the
land; and by the lewies, Kinges rewenewes, fynnes, borrowed moneyes,
and wtherwayes of fingring soumes, haue drawin vnto yourselues and
frinds that wich did belonge to the publicke wsse, that you wold cleane
your hands of your dishonest gaine, at wiche the Lord will smytte
his hands, and wich will be mouthe to consume your housses. Let the
extortioner and oppressor, oppress no more; and lett it be leuked vpone
as your Lops: deutey, impartially to bring all men to the accompte for
the wast soumes that haue beine misapplayed, and knowen oppressors
brought to condigne punishment.

4. Notwithstanding wee haue acknouledged our sin, in follouing, for
the most pairt, the counsells of fleche and blood, and walking more
by the rewells of policey then pietie, hearkening more unto men than
vnto God; and albeit that wee haue solemlie engaged ourselues, that
forsaiking the counsells of fleche and blood, wee should depend vpone
the Lord, walke by the will of his worde, and hearkin to the voyce of
his seruants; zet it is too manifest that the Lord is exceidinglie
prowoked by the pollitick way quherin maney of you walk still, not only
imping your priuat intrests and endis with thosse thinges that concerne
the publicke good, bot maney tymes preferring them, and opposing or
retarding Gods worke, till you may carry alonges with you your auen
interests and deseinges. Wee beseiche your Lops: to lay to heart your
publicke way of walking, and as befor the Lord to examine yourselues,
wither your waye hath not beine full of carnall wisdom and policie, in
the matters of bringing home the King, disposing of places of trust
aboute him, and ordering the cheiffe conducte and cheiffe officers in
your forcis. Let your auen hearts speake, wither the reuell by wich you
haue walked in all thesse, hathe not beine to establishe yourselues,
rather than the worke of God, or King and kingdome; and how some of
you may haue ane grate and predominant intreest in all thesse, it is
euident some of your Lops: haue not cared how few frindes the Lords
worke had in thesse places of trust, if so be ze might haue maney
frindes to espousse your intrests, and politicke wayes and endis.

5. Wee cannot forgett how some amongest your Lops: quho haue wowed to
the Lord, in the day quhen the frinds of the causse wer low, and quhen
some of your Lops: also wer brought werey low; that ze should trust
and imploy, and cleaue to suche persons in the land as feared God, and
wer treulie religious, and should neuer dewyde from thosse; zet for
all that, some amongest you haue lookit vpone all ore most of thesse
on quhome the pouer of godlines hath appeired, with ane eiuell and
jelous eye, and haue not onlie neglected to countenance and encourage
suche, bot rather haue randered them and ther actions odious and
suspected. For wich thinges the wrath of God is gone oute, and is lyke
to continew till your Lops: and wee shall learne to putt a difference
betuix the pretious and vile, and to haue the power of godliness in
grater estimatione.

Wee wold not haue your Lops: to thinke that wee looke vpone thesse
thinges wich wee haue remonstrated to you, as the onlie causes of the
sade thinges that are vpone the kingdome, or that wee thinke ourselues
not guilty or accessorey to the drawing one and procuring thesse bitter
thinges that are wpone ws. The Lord knowes that wee are so far from
suche thoughts, that althoughe your Lops: wer innocent of all thesse
transgressions, wee ar conuinced that in ws ther is als muche guiltines
as makes ws feare it is the worse with the Lords people, that wee are
amongest them, and with His worke, that our handes are aboute it; in
the sense quherof, as wee haue desyred to humble ourselues, so wee
purposse to take new occasions for a free acknouledgement of our sins,
and to be humbled for them, and to renew our ingagements to the Lord to
be more reall and sincere in persewing all the endes of the Couenant,
and dewties therin conteind, accordinng to our vocation.

Nather wold wee haue your Lops: to thinke that in our free dealling
with you, wee haue beine led with the spirit of bitternes, or desyre
to discouer your nakednes to the world, or to strengthen the hands
of the adwersaries. He quho knoweth our hartes, knoweth that wee
desyre to carrey ourselues respectiuely and deutifully to the publicke
judicatories, and to tender ther authoritie and crydit as our liues;
nor is it in our heartes to prowoke your Lops: to wnlawfull courses,
bot earnistly to desyre you to awoyde them; nor haue wee the least
deseinge to follow the foottstepes of the sectarian partie, and change
the fundamentall gouerniment of this kingdome, by king and parliament,
or aney lewelling way, as wee heir some wold calumniat falsly our
honest intentions. The Lord, befor quhom all thinges are naked,
manifestly knowes wee detest and abhorre suche coursses; onlie we hold
ourselues bound humblie to hold suche the corruptions of persons in the
gouerniment, and desyre to be more tender of the guide of the causse
and kingdome, than of aney persone quhatsomeuer; and to chusse rather
to displeasse men, then to incurre Gods wrathe, throughe our conniuence
at ther corrupte wayes in ther places of power. Zet wee shall freelie
tell your Lops: quhence this hath proceided, wee being persuaded,
in our consciences, of the vnrighteous dealling of thosse quho haue
inwaded and wasted our land, and troden doune the pretious ordinances
of Jesus Christe, and shed the blood of his saintes; and the necessity
of the lamenting people of God, calleth ws to the wtermost adwenturing
aganist the enimey; being also sensible of our auen conditione and
disproportionable thoughtes for attempting of aney thing, except wee be
mightilie helped, assistit and countenanced by the Lord. Bot aboue all
thinges, being affrayed of sin and wrathe, least that should meitt with
ws, now quhen wee are resolued, according ta our capacitey, and as God
shall giue ws opportunity, in his strenth to wenture our liues aganist
the enimey; and not knowing wither some of ws, ore aney of ws, shall
see your Lops: in the face, or heireafter haue aney occasione to speike
for the discharge of our consciences, wee haue therfor, and for our
auen exoneratione thought it necessarey to leaue this testimoney [of]
our sincere detestation of thesse sinns, and of our desyre to be found
free of them, if the Lord shall suffer aney of ws to perishe in our
deutie, and to lay thesse thinges at your dore, as in the presence of
the Lord, quho can onlie make you and ws repent and reforme our wayes.

Declaring to your Lops: that wee shall desyre you wnfaniedly to mourne
for thesse sins, and that ther are ingagements one your heartes befor
God, if he shall lenthen our dayes, and take pleasure in ws, to make
ws aney wayes instruments of His worke, and for His peoples good and
saftie, that wee shall, to the wttermost of our power, endewor to gett
thesse thinges remedied according to our places and callinges.

22 Octobris, 1650.—Producit by Sʳ George Maxwoll, and red in presence
of the Comittee of Estaites at Stirlinge.

       *       *       *       *       *

4 Nov: 1650.—The 4 of Nowember the northerne rebelles layed doune
armes, and accepted of the acte of indemnitie, by a trettey with L.
Generall Dauid Lesley at Strathbolgie.

The L. Generall being at Aberdeine, in his returne southe, after the
northerne armeyes laying doune armes; he wes wisited by Mr Androw
Cants, elder and zounger, ministers of Aberdein, quho, amongest
maney other discoursses, told the L. Generall that wee could not in
conscience asist the King to recouer his croune of England; bot he
thoughte one kingdome might serue him werey weill, and one croune was
aneuche for aney one man; one kingdome being sufficient for one to
reuell and gouerne. A number of suche discoursses wer wented to him,
bothe by the father and the sone, to the same purpois. The L. Generall
told this to the minister of Newbrughe, Mr Laurence Oliphant, and to
the L. of Ferney and Londors, one Monday the 11 of this instant of
Nouember.


_Cromwells Letter to the Committee of Estaites, 9 Octobris, 1650._

  My Lordis,

  The grounds and endis of the armeyes entringe Scotland, haue beine
  heirtofor oftin and cleirlie made knowen wnto you, and hou muche
  wee haue desyred the same might be accomplished without blood; bot
  according to quhat returns wee haue receauid, it is euident your
  hearts had not that loue to ws, as wee can trewly say wee had towards
  you: and wee are persuaded thosse difficulties in wich you haue
  inwolued yourselues by espousinge your Kinges intrest, and taking
  into your bosome that persone, in whom (notwithstanding quhat hath
  or may be said to the contraire) that wich is really malignancey and
  all malignants doe center, aganiste quhosse familey the Lord hath so
  eminently withestood for blood guiltines, nor to be done away with
  suche superficiall and formall shewes of repentance as are expressed
  in his laite declaratione; and your strange preiudice aganist ws,
  as men of hereticall opinions, (wich, throughe the grate goodnes of
  God to ws, haue beine wniustlie charged vpone ws,) haue occasioned
  your reiecting of thosse ouertours, wich, with a Christian affection,
  wer offred to you befor aney blood was spilt, or your people had
  suffred damnage by ws. The daylie sence wee haue of the calamitie
  of warre laying vpone the poore people of this nation, and the sade
  consequences of bloode and famine lykly to come vpone them; the
  aduantages giuen to malignants, profaine and popeische partey by this
  warre; and that reality of affection wich wee haue so often professed
  to you, and concerning the treuthe of wiche wee haue so solemly
  appealled, doeth againe constraine ws to send wnto you, to lett you
  know, that if the contending for that persone be not by you preferred
  to the peace and weillfair of your countrey, the blood of your
  people, the loue of men of the same faith with you and wich is aboue
  all, the honor of that God wee serue; then giue the staite of Ingland
  that satisfaction and securitie for the peaceable and quyet liuing
  by you, that may in justice be demandid from a nation giuing so iust
  a ground to aske the same from thosse quho haue, as you, takin ther
  enimey wnto ther bosome, whilst he was in hostility aganist them;
  and it will be made good to you, that you may haue a lasting and
  durable peace with them, and the wishe of a blissing vpone you in
  all religious and ciuill thinges. If this be refussed by you, wee
  are persuaded that God, quho hath borne his testimoney, will doe it
  againe one the behalffe of ws his poore seruants, quho doe appeale to
  him wither thesse desyres flow from sincerity of heart or not. I rest,

  Your Lops: humble Seruant,
  Lithgow, 9 Octob: 1650.

  O. CROMWELL.

The backe of this Letter did beare this superscriptione:—For the
Rᵗ Honorable the Committee of Estaits of Scotland, at Stirling, or
elsquher.

       *       *       *       *       *

14 Noᵇʳⁱˢ 1650.—A grate meitting this day of the Commissione of the
Kirke, at Stirling, They wreat to all the graue ministers of the
prouince of Fyffe, Perth, and Angus, to assist them.

19 Nov:—The Comittee of Estaits resolues to haue a conference with
some Ministers, for the compossing of that bussines anent the westerne
remonstrance.

22 Nov: 1650. Rege presente.—My Lord Chanceler makes a narratione to
the Committee of Estaits of the progresse of the Comittee of Conference
anent the vesterne remonstrance; of the bolde debaittes and small
resolution, more then to haue a publicke fast.

23 Nov: Saterday, 1650.—My L. Argyle, Balcarras, Louthean, and the
Kings Aduocat, spoke at large aganist the remonstrance of the west, as
the opiner vpe of a breache for tolleratione and subuersione of the
gouerniment, bothe ecclesiasticke and ciuill. Varrestone and Hombie
spoke muche to leassie the bussines. Hombie for the maner, Warrestone
for bothe maner and matter.

The Committee of Estaites ordaines all the members of the comittee
presently to giue ther declaratione, one ther honor and treuthe, that
they wer nather contriuer, carriers one, ore votters to the westerne
remonstrance, wich was done; all disclaming it. Varreston did grant
that he did see it, was at the voting of it, bot refussed to giue hes
wotte therin. He denayed that he wes accessorey to the contriuing of it
at first.

2 sent from the Comittee of Estaits to desyre the Comissione of the
Kirke not to depairt the toune this day, bot to meitt afternoone, in
respecte of the grate bussines in hand.

It was muche debaitit wither the remonstrance of the west should be
anssuered in generall or in particular; it went to wott, and wes
carried to be anssuered in generall; only Warestone, Robert Locart, and
Johne Jeffra, with Sʳ Rob: Adare, wotted to haue it altogither layed
assyde.

The result of all this afternoones dispute aganist the remonstrance
endit in this, that some wer sett apairt to draw vpe the heades of the
acte condemnatorie of the said diuisiue, scandalous, and tresonable
remonstrance.

A paquett of letters intercepted by the scoute master, of the enimies,
directed to London, quherof 3 letters wer only read, concerning
Straquhan and the presbyterians, &c.

The Committee of Estaits ordaines the saids letters to be communicat
to the Commissione of the Kirke, especially shewing the grate plot
aganist all the presbyterians in England, and how the same was hatchin
in Scotland also.

Monday, 25 Nov: 1650. Acte ordaining the parliament to meitt to morrow
the 26 of this instant, at ten houres; and a herauld ordaind to make
publication heirof.

The Comittee of Estaits declaration aganist the vesterne remonstrance,
presented by the sub-comittee, read, and after much debait, votted and
past.

In the debait of the comittees declaratione, muche debait wes anent the
words, scandalous, scandalous paper, and scandalous lybell.

Eglinton wold had called treasonable and scandalous paper and lybell,
and brunt publickly by the hand of the hangman.

Carried, scandalous, with the word, conceaued, to goe befor.

Ther was that wold haue reffered all to the Com: of the Curdie,
Register, Sʳ Ja: Hope, Sʳ Rob: Adare, Harden, Thesaurer depute, Busbie,
Rob: Locart, Jo: Denholme, Gen: Comissarey.

Preiudiciall and destructiue to his Majesties gouernment, carried only,
preiudiciall; destructiue delait.

It is werey diuisiue and holds out the seeds of diuisione, putt to
wotte; carried, it holds out the seeds of diuisione of a dangerous
consequence.

Exception votted, ther should be, of penners and contriuers of the
said remonstrance, and of all suche that did adhere to it after it wes
publicly declared aganist.

Marques of Argyle said, (after he had hard Sʳ James Hope say, that
all the Comittee of Estaits wes doeing wes destructive to King and
kingdome,) that Sʳ James, in all the carriage of this bussines, from
the begining, both in parliament and comittee, wes not only a maine
enimey to King and kingdome, bot a maine plotter and contriuer,
assister and abaitter of all the mischeiffe that hes befallen the
kingdome euer since.

It was muche vrged by the dissasenters from the Comittee of Estaits
declaratione, to haue all the acte wotted in _cumulo_, after eurey
branch had beine particularly wotted; wich was altogider refussed.

The Com: of Estaites sent the Marques of Argyle, Kings Aduocat, and
James Suord, to the Commissione of the Kirke, with ther declaratione
aganist the said remonstrance; and a paper quherin they accused Mr
James Guthrie and Mr Patricke Gillespie as contriuers and abbators of
all this diuisione in churche, armey, and stait.

The Comittee of Estaits sent the Lyone to the Commission of the Kirke,
to impart to them the letters that wer intercepted going to England
from Owens, Cromwells Secretary.

The Com: of Estaits sent the Kings Aduocat and James Suord to the
Comissione of the Kirke, to desyre them to returne ther sence of the
vesterne remonstrance to the parliament, in respecte that the committee
was to rysse this night, and the parl: to sitt doune to morrow, to
quhom lykwayes the said comittee was to communicat that same paper of
ther sence of the said vesterne remonstrance; and desyred them that
they wold be pleassed to ioyne with them to that effecte.

Perth, 28 Nouember 1650.—Ante Meridiem.—The Commissione of the Generall
Assembley hauing receauid from the honorable Committee of Estaits,
a paper declaring ther (Lo:) sence upon a paper giuen in to them,
intitulated, (the Humble Remonstrance of the gentlemen, officers and
ministers attending the forces in the west,) and desyring withall that
the Commissioners of the Generall Assembley wold giue ther sence vpon
the said remonstrance; therfor the commission hauing takin vnto ther
consideratione the said remonstrance, doeth find and acknouledge therin
to be conteined maney sade treuthes, in relation to the sinns charged
vpone the King, his family, and the publick judicatories, wich also wee
are resolued to hold out and presse vpone them, in a right and orderly
way, togider with such other sinns as wee find by impartiall searche,
and the helpe of the Lordes spirit vpon our indewors therin, that they
may take with them, and be humbled befor the Lord, in the sence therof;
wee doe find it our deutie to show, that in respecte ther seimes to
be therin intrinsching vpone some conclusions and determinations of
the Generall Assembley; and in respecte of inferences and aplications
made therin, in relation to the King, his interest, and the exercisses
of his power and gouerniment; and in regarrd of the ingagements wich,
in the closse therof, they declare to be vpon ther hartes befor God,
in relation to euidences for remeding the thinges conteind in it,
wee are dissatisfied therwith, and that wee thinke it apte to breid
diuision in kirke and kingdome, as wee doe finde alredey in pairte
by experience, and that the enimey hathe takin aduantage therat; and
becausse of the tender respects and loue we owe, and most cordially
carrey to the gentrey, officers and our brethreinge of the ministrie,
quho haue concurred in the said remonstrance, as being religious and
godlie men, and suche as haue alwayes giuen prouffe of ther integritie,
faithfullnes and constancie in the causse of God, and for interteinment
of loue, vnity, and coniunction amongest the people of God, in acting
according to ther calling and statione, aganist the publicke enimey;
the breache of all wiche Sathan at this tyme is eagerly driuing at,
and the enimey is greidily desyring and expecting. Wee doe resolue
to forbeare a more particular examination of the said remonstrance,
expecting that at the nixt dyet of this commissione, thesse worthey
gentlemen, officers and brethrein will giue suche a declaration and
explanation of ther intentions and meining, as may satisfie both kirke
and state without aney furder inquyrie or debait thervpone.

       *       *       *       *       *

  _Declaratione by the Kinges Maiestie and Committee of Estaites
  concerninge the Westerne Remonstrance, 25 Nouember, 1650._

The Kings Maiestie and the Committee of Estaites, hauing takin into
consideratione a paper presented to the said comittee at Stirling,
vpone the 22 of October last, in name of the gentlemen, commanders, and
ministers attending the westerne forces: and lykwayes ane petitione
presented to the said committee at Perth, vpone the 19 of Nouember
instant, desyring ane satisfactorie anssuer therwnto: Doe heirby
declaire, that they haue alwayes beine, and are still willing, that all
faults and miscarriages of aney, als weill in ther personall carriage,
as in discharge of ther publicke trust, may be discouered, redressed
and punished, according to the lawes of the kingdome; and that they
find it ther dewtie to shew ther dislyke of maney thinges remonstratted
and held fourthe in the said paper: Zet being desyrous to follow the
wayes of gentlenes and lenitie, rather then to looke vpone the said
paper with that stricke inquyrie, wich otherwayes might haue beine
done, they have resolued only, in generall, to declair as followes;
that they find the said paper, as it relattes to the parliament and
ciuill judicatories, to be scandalous and iniurious to his Maiesties
persone, and preiudiciall to his authoritie; and as it relattes to
religione and churche judicatories, they are to desyre the Commissione
of the Churche to giue ther sence therone; and that in regaird of
the effecte that it hath alredey produced, and thosse that are lyke
to follow thervpone, if not preuented, it holdes fourthe the seed of
diuisions of ane dangerous consequence; and that it is dishonorable
to the kingdome, in so far as it tends to ane breache of the treattie
with his Maiestie at Breda, approuin in parliament and Generall
Assembley; that it also strenthens the handes of the enimey, giuing
him occasione to iustifie his vniust invasione, and the bloodshed and
oppressione committed by him in this kingdome, and weakines the hands
of maney honest men; and lykwayes that the said paper holds furthe in
the closse of it, ane bonde of ane heighe and dangerous consequence;
and albeit the said paper has been wickedly and subtily contriued by
some, zet becausse diuersse honest, faithfull, and religious gentlemen,
officers, ministers, and others of approuin fidelity and integrity
in the causse, of quhom they doe not harbor the leaste thoughte to
ther preiudice, haue beine insnared. Therfor the Kinges Maiestie, and
committee forsaid, doe heirby declaire the said persones free frome
aney imputatione vpone ther names, ore censure vpone ther persons or
estaits; excepting heirfra all suche quho shall adhere to the said
remonstrance, be ther persisting in prosecutting of quhat is therin
contraire to the lawes of the kingdome. Perth, 25 of Nouember, 1650.

Reed and past be the Kings Maiestie, and Comittee of Estaits. _Sic
subscribitur_,

W. HENDERSONE, Clk: Dom: Com:

Tuesday, 26 Nouembris. 1 dies parliamenti.—Carolus Rex. &c.—Lord
Chanceler made a speache, shewing the present conditione of the
kingdome, both concerning religion, King, and kingdome; the quality of
the enimey that hath inwadit ws, and thesse his associatts, being a
companey of wicked and perfidious, zea trecherous blasphemers; nixt he
spoke of the deuties incumbent to the King; and nixt, of the dewties
wich are requyred of eache member of the present parliament; and
lastly, of the deutie that wes incumbent by the housse to the kingdome
of Scotland, ther natiue countrey.

His Maiestie made a prettey shorte speiche, shewing of his grate
thankfullnes to God for bringing him to this place, &c.; wich endit,
the Lord Chanceler did declare, at the Kings comand, the trew forme and
causses of his deperture from Perth, 4 Octobris, and of his Maiesties
penetencey and sorrow for the same.

The King and parl: sends to the Comiss: of the Kirke, to desyre them
to stay to giue adwysse in thinges concerning the good of religion,
the peace and vnity of the kingdome. 2. That they will appoynt some to
meitt with some from the parl: anent his Majesties coronation. 3. That
ther may be a fast befor the coronatione, to craue the Lordes blissing
to the actione. 4. To desyre them to poynt at the selue-seikes,
auaratious, greidy and other sinns cryed out vpone in the pulpitts, and
remonstrances; as also, they will shew quhat are the crooked wayes, and
by quhom wssed in trettey.

The housse ordaines this day or to morrow to haue a conference with the
Commissione of the Kirke.

The housse ordaines the Comittey for the Armey to be the Comittee
for the Conference, to meitt with the Commissioners of the Generall
Assembley.


_His Maᵗⁱᵉˢ Speich._

My Lords and Gentlemen,

It hath pleased Him quho reulethe the nations, and in quhosse handes
are hearts of Kinges, by a werey singular prouidence, to bring me
throughe a grate maney difficulties into this my ancient kingdome,
and to this place, quher I may haue your adwysse in the grate matters
that concerne the glorey of God, and the establishment of my throne,
and that relat to the generall good and comon happines of thesse three
couenanted kingdomes ouer wich he hath sett me. And treulie I cannot
expresse the height of that ioy quherwith he hath filled my soule from
this signall experiment of his kyndnesse, nor how stronge and feruent
desyres he hath created in me to euidence my thankefulnesse by standing
to rainge for him, and with ane humble and just subordination to him.
That wich incresseth my hope and confidence that he will zet continew
to deall gratiously with me, is, that he hath moued me to enter in
couenant with his people, (a fauor no other King can claime,) and that
he is inclyned me to a resolutione, by his assistance, to liue and dye
with my people in defence of it. This is my resolutione, I professe
it befor God and you, and in testimoney heirof, I desyre to renew it
in your presence; and if it pleis God to lenthin my dayes, I houpe
my actions shall demonstrat it. Bot I shall leaue the enlargement of
this, and quhat farder I could say, to my Lord Chanceler, quhom I haue
commandit to speike to you at grater lenthe, and lykwayes to informe
you of my sense, not only of the folley, bot the sinfulnesse of my
goinge frome this place, and the reasons of it.

Thursday, 28 Nov: 3 dies parliamenti.—Rege presente.—A message from
the Com: of the Kirke anent a conference. Ordered to be at 3 in the
afternoone in the session housse.

Ordered to be proponed at the conference, as a thing most fitt for the
peace of the kingdome, to haue presently a Generall Assembley called.

Friday, 29 Nov: 4 dies parliamenti.—Rege presente.—A report made by the
L. Chanceler to the housse, from the Conference with the Church, anent
2 soleme fasts; one for the contempt of the gospell, ane other for the
sins of the King, his familey, and nobility; and the coronatione to be
immediatly therafter.

Acte ordaining his Maiestie to be crounid at Scone, upon Vedinsday, the
first of Januarij nixt; and this acte to be proclaimed at the crosse of
Perthe, by Lyone K. of Armes.

Saterday, 30 Nov: 5 dies parliamenti.—Rege presente.—7 or 8 from the
Com: of the Kirke presented to the King and parliament a remonstrance
and petition, containing some admonitions to the nobility anent ther
bypast miscarriages, as also aganist imploing malignants, contrarey
the publicke resolutions of churche and stait; as also aganist the
acte of indemnitie, and not naming them rebells and punishing them.
That all malignants and ill affected persons be remoued from the
courte. That the Kings housse may with speed be effectually purged.
That coueteousnesse, auarice, pryde, selue-seikeing, compliance with
ennimes, be confessed and repented offe.

A petitione from the ministers of Lothean, Hadington, Lithgow, &c.,
shewing the pitfull condition of thesse places; how that heresies did
begin to grow amongest them, and of ther grate necessities; desyring
the Comiss: of the Kirke wold in ther names and behalffe petitione the
Kings Maiestie and parlia: for some redresse and speedie helpe.

Nixt the said com: show the parl: that the 2 ministers impeached by
them of the Com; of Estaits, Mr Ja: Guthrie, minister of Stirling, and
Mr Patricke Gillespie, minister of Glasgow, the one by word opinly, and
the other by wreat, haue disclamed quhat was alledged aganist them, as
far contrarey to ther intentions.

Then was read, being presented by the com: from the Commissioners of
the Generall Assembley, ther sense of the westerne remonstrance, wich
was read in the housse.

A petitione from the prissoners that are Irish, Scotts, and now
prissoners at Newcastell, and wer takin at Dumbar, to the Generall
Assembley or ther Comissione, presented by the kirk to the housse, and
read.

The housse ordaines the Lord Chanceler to giue thesse from the Com: of
the Kirk thankes, and to shew them that they take it werey weill, and
with all desyre them to condiscend in particular vpone perssons and
faults, wich in ther remonstrance they named maney sade treuthes; and
this the Lord Chanceler was comandit to intreat them to goe seriously
about the same; and did thank them also for ther good correspondence
in so neidfull a tyme, and that the housse (being convened for that
effecte) wold looke to thesse deuties God had called them heir for, and
the countrey expected at ther hands; and that the King and parl: wold
returne them ther anssuer in wreatt to ther papers, hauing appoynted
a comittee to consider them, wich particularly should receaue ther
particular anssuers in dew and conuenient tyme.

Monday, 2d December. 6 dies parliamenti.—Rege presente.—Alcheyes bill,
wpone the recomendation of the Com: of the Kirke, to be reponed,
(in respecte his accessione to the late wnlawfull ingagement) to
acte in defence of his countrey aganist the enimey:—Granted, _nullo
contradicente_.

The Com: of Dumbartans bill read, seiking a comissione for putting of
some Vitches to execution upon the confessions:—Granted.

Vedinsday, 4 Decembris. 8 dies parliamenti.—Rege presente.—Vpone the
Marques Argyles motione, it is ordred, that ane afternoone be sett
apairte for anssuering the remonstrance and petitione of the kirke,
giuen in the 4 day of the parl: and for considering the same.

That a letter be wrettin to the Moderator of the G. Assembley, that he
wold call a meitting of the Commissione of the Kirke, against Vedinsday
cum eight dayes, to meitt at Perth, to giue ther adwysse anent takin
in and excluding of persons from defence of ther countrey, approuen;
and the housse wretts a letter to the Moderator for that effecte, to be
directed from the King and parl: and seigned by the L. President of the
parl: as also, that the Moderator wold adwertisse all the ministers of
the nearest synods and presbeteries to assist with ther presence; and
if they cannot adwertisse them to be tymously present, that the doing
of it be no retardment to the commissions meitting at the day desyred.

George, Earle of Linlithgow, is this day admitted to the housse, and
his incapability by his accessione to the vnlawfull engagement takin
offe; he hauing produced 2 actes in his fauors, one of the Com: of the
Kirkes, ane other of the Com: of Estaites.

William, Lord Cranston, vpone his bill and the Com: of the Kirkes
recommendation, is lykwayes admitted to the housse, and his
incapability takin offe; and he reponed to his former integrity.

Thursday, 5 December, 9 dies parliamenti.—Rege presente.—Wpone the
reiding of the Earle of Lauderdaills bill, the housse, one his humble
petitione, repells his acte of banishment.

Mem: This eiuning, candells being lighted in the housse, a grate stock
oule muttit one the tope of the croune, wich, with the suord and
scepter, lay one a table ouer aganist the throne.

Friday, 6 Decembris, 10 dies parliamenti.—Rege presente.—A letter from
the Moderator of the Generall Assembley, 5 Nouembris, shewing that ther
can be no meitting of the Comissione of the Kirke befor ther appointed
tyme, viz. 23 of this mounthe.

After the reiding of this letter, the housse ordred that presently a
sharpe letter be wrettin to the Moderator, shewing that they wold keepe
Thursday, wtherwayes the parl: wold be forced to acte without ther
desyred adwysse and concurrence; wtherwayes the world might see that
they had failled to concurre with the parl: to succor ther countrey in
tyme of hir distresse and gratest neid.

Ordered that particular letters be wrettin to all the neir adioyning
ministers to keepe the meitting at Perth one Thursday nixt, for
releiffe of the distressed countrey, calling for present helpe at ther
handes; wich, if they faill, then they must goe one to doe that wich
God, ther countrey, and eurey good man requyres at ther hand.

Tuesday, 10 Decembris, 13 dies parliamenti.—Rege presente.—Ordred that
the seuerall bodies meitt at 3 in the afternoone, to consider of the
remonstrance giuen in by the Commissioners of the General Assemb: and
also how farre incapacities that disables men may be takin offe, and
men admitted to fight for defence of the countrey aganist the comon
enimey; and to treat anent the prewious adwysses concerning England,
and for this effecte to haue a conference with the Commissioners of the
General Assembly at 9 houres to morrow.

Ordaines thesse that are appoynted to conferre wt h the Commissioners
of the Generall Ass: to adwertisse them of the tyme and place of ther
meitting.

Fryday, 13 Decembris. 14 dies parliamenti.—Rege presente.—The
remonstrance and petition giuen in by the Commissioners of the Generall
Assembley to the parliament, with the report from the bodey of the
noblemen, and the suplications from Tuedall and Louthean, redde in
parliament.

Saterday, the 14 day of December. 15 dies parliamenti.—Rege
presente.—The Kings Maiestie and parliament ordaines the Earle of
Cassiles, the Lord Clerckingtone, and Johne Jeffray, to acquant the
Commissioners of the Generall Assembley, that some coursse may be takin
with suche persons as haue ioynned and complayed with the sectaries.

Remitts to the Comittee of Ouertours, with the Kings Maiesties Aduocat,
to thinke vpon soume coursse to be takin with thosse quho haue, or
shall joyne or complay with the sectaries; with pouer to examine
wittness, and to report ther proceidings to the parliament.

Tuesday, 17 of December. Dies 17 parliamenti.—Rege presente.—The Lord
Montgomeries bill, and his brother James, ther bills, one the Com: of
the General Assemblies recommendatione, declared capable of publicke
imployment, and all actes of restraints aganist them repealled.

[30 December.]—It is declared by the King and parliament, that [no]
one hes pouer to come out for defence of the countrey, bot suche as
are qualified according to the former acte declaratorey; the acte of
classes standing still in vigor aganist them, more then in defence of
ther countrey, and hauing accesse to his Majesties personne, &c.

Ordred that the Comittee for anssuering the Churches Remonstrance
confer with the Comissione of the Generall Assembley, anent his
Maiesties othe of coronatione, as also of that of the people.

       *       *       *       *       *

1650.

  _Excerpts from “A Diary of Public Transactions and other Occurrences,
  chiefly in Scotland, from January 1650, to June 1667, by John Nicoll.”_

[February.]—It hes bene schawin befoir, in the last yeiris relatioun
of the commoun effaires and observatiouns of that yeir[434] how that
James Grahame, sumtyme Erle of Montrois, did give out a lairge prented
Declaratioun and paper, quhairwith he chargeth his awin natioun with
hatching a rebellioun in this Kingdome, with promoting the lyke in
England, and with the sale and murthour of thair awin native King,
and robbing his sone of all rycht, and other horride crymes. To the
quhilk Declaratioun thair wes are learned exquisite Ansuer maid by the
Committee of the Estaites of the Parliament of Scotland, and by the
Commissioneris of the Generall Assemblie, in vindicatioun of thair
proceidinges from the aspersioun of that scandalous pamphlet; quhilk
answer, gevin out by the Kirk and Stait, wes solemplie proclamit and
publeist at the Mercat Croce of Edinburgh, by ane Maisser and sound
of many trumpettis. At the publisching quhairof ane scaffold was
erectit, with ane fyre thairon, set up in a chimnay, quhairat the
commoun hangman of Edinburgh and toun officeris did stand in thair
ordiner apperrell usit at such a bussines; and thair, efter reiding
of this ansuer of the Kirk and Stait fullie and at lenth, and eftir
sounding of four trumpettis on the Croce, the hangman threw that the
said James Grahame his Declaratioun in the midst of the fyre, set thair
on a scaffold upone the eist syde of the Croce, as worthy of no les,
being publisched by that excommunicat traitour James Grahame, under the
tytell of A Declaratioun of James Marques of Montros, &c. This done 9
Feb., 1650. This answer may be read at lenth in prent, gevin out both
by the Committee of Estait and Commissioneris of the Generall Assemblie.

The Commissioneris of the Generall Assembly sat heir, in Edinburgh, at
this tyme, quhairat Mr Johnne Sterling, minister at Bara, wes chosin
minister at Edinburgh, upone the 15th of Februar, anno foirsaid. At
that tyme also, Mr Thomas Garven was chosin minister at Edinburgh.

16 Feb. Mr David Dik, by the Commissioneris of the Generall Assemblie
wes chosin professor of divinitie in the college of Edinburgh, ane
learned man, and a great licht in the Church of Scotland.

17 Feb. Ane act of the Commissioun of the Generall Assemblie wes red in
all the churches of Edinburgh, dischargeing promiscuous dansing.

       *       *       *       *       *

Much faiset and scheitting at this tyme wes daylie detectit by the
Lordis of Sessioun; for quhilk thair wes daylie hanging, skurging,
nailling of luggis, and binding of pepill to the Trone, and booring of
tounges; so that it was ane fatall yeir for fals notaris and witnessis,
as daylie experience did witnes. And as for adulterie, fornicatioun,
incest, bigamie, and uther uncleanes and filthynes, it did nevir abound
moir nor at this tyme....

At this tyme, also, my Lord Lyntoun wes excommunicat and wardit [put in
prison] for taking in mariage the Lord Seytounes relict, dochter to
the lait Marques of Huntlie, scho being excommunicat for poprie.

Lykewyse, upone Sonday the 24 Februar, the Erle of Kynnoull, Mr James
Stewart, [George] Drummond, sone to the Laird of Balloch, and Capitane
Hall, wer all excommunicat for incuming to Orknay, and troubling that
cuntrey in a hostile maner. Quhairof intimation wes also maid in all
the Kirkis of Edinburgh, upone Sonday the tent of Marche, 1650.

_Eodem die._—Intimatioun wes lykewyse maid that the Erle of Abircorne
wes excommunicat for poprie....

It is to be rememberit that in the monethis of Marche and Apryll, 1646,
the Directorie for Godis Service began. In steid of evening and morning
prayeris, the ministeris taking to thair consideratioun that the not
reiding and exponing of the Scriptures at the old accustumat tyme of
prayer, was the occasioun of much drinking at that seasoun quhen these
prayeris and chaptures wer usuallie red, thairfoir, and to prevent
that sin, it wes concludit, in the begynning of Marche, 1650, that all
the dayis of the week a lectorie sould be red and exponit in Edinburgh
be everie minister thair _per vices;_ quhilk accordinglie wes put in
practize, and so began this holie and hevinlie exercise upone Monday
the 18 day of Marche, 1650.

At the same tyme, for eschewing and doun bearing of sin and filthines
in Edinburgh, it was actit, that no woman sould vent or rin wyne or
aill in the tavernis of Edinburgh, bot allanerlie men servandis and
boyes; quhilk Act wes red and publictlie intimat in all the Kirkis
of Edinburgh, that all such as haid these commoditeis to sell sould
prepare men servandis and boyes for that use agane Whitsounday nixt
thaireftir following....

Upone the sevint day of Apryle, 1650, thair wes ane solempne Fast throw
the haill kingdome of Scotland, as also with our Commissioneris in
Holand sent to the Kinges Majestie. The reasones of the fast wes for
the synnes of the land, and that it wald pleis the Lord to grant ane
happy succes to the Scottis Commissioneris now at a treatie with his
Majestie. This fast wes concludit by the Kirk and Stait to be solemlie
keipit the said day both heir within this kingdome of Scotland, as
lykwayis by our Scots Conimissioneris now at Breda in Holand, befoir
thair going af this kingdome.

Ther wer also eikit to the causis of the Fast, the sin of Witchcraft
abundant in the land, the incres of Malignantis and Sectareis, that the
King may grant the just desyres of Kirk and Kingdome for stedfastnes to
this land, and to these quho hes the charge of the effaires of the land
for delyverie of the King from malignant counsells, for strenthening of
these that suffer for his cause in England and Yreland, for suppleying
the necessiteis of the pure, and much mor to this purpos, and all uther
synnes mentionat in the last fast, solemplie keipit throw the haill
Kirkis upone the last Sonday of August, 1649.

It war langsum to writt quhat outcryingis wer now aganes that noble
erle James lait Erle of Montrois, and prented declarationes gevin out
aganes him, and proclamationes, both by Parliament, thair Committees,
and by the Assemblie of the Kirk.... Such wer the ordores of Parliament
and Committee, and prohibitiones of the Kirkes, that nane durst speik
in favouris of that nobleman for feir of censure and punischement.

       *       *       *       *       *

[Nicol then states the case of a man named Bryson, who, when
proclamation to the above effect was made at the Cross of Glasgow, “did
cry out, and callit him als honest a nobleman as was in this kingdome,”
upon which the magistrates “was forcit to tak and apprehend him, and
careyed him to Edinburgh by ane gaird of the tounes officers, presented
him to the Committee of Stait than sitting thair, quha, be thair
ordour, wes cassin in to the theves hoill, quhairin he lay in great
miserie by the space of many weekis.”]

       *       *       *       *       *

At this tyme, and sindry yeiris befoir, many persones wer trublit for
not subscryving the Covenant, and ministeris deposit for the same. Mr
Gawin Stewart, minister of Dalmellingtoun not onlie deposit fra his
ministrie, bot he debarrit _ab agendo_ in all his actiones and causis
civill for recovery of his dettis.

Lykewayis James Macaulay, goldsmith, wes not onlie excommunicat for
refuising to subscryve the Covenant, bot lykewayis at his death his
corps dischargit to be bureyit in the churchyaird.

[After giving an account of the defeat of Montrose in his last
expedition, on the 27th April this year, which it is unnecessary to
insert, Nicoll thus proceeds:—]

It may be justlie said that the prayeris of the faithfull availleth
much, for during the tyme that this excomunicat traitour remaned in
the North, the faithfull servandis of God wer gevand up thair daylie
prayeris for his confusioun, quhilk be this former relatioun, is
manifest to haif bene hard and grantit; quhilk did moir evidentlie
appeir thaireftir at this traitouris taking, for within foure dayis
eftir this victorie, this bloodie traitour wes takin and apprehendit.
Eftir he haid fled to the hillis, and remayned thair in great miserie
and famyne, he come to ane hous and familie quhais Maister was callit
MᶜCloyd, luiking for protectioun at his handis, being ane of his auld
acquentance, and complyer with him in his former plottis and bloodie
courses; bot this manis sone, callit Neill MᶜCloyd, fearing the danger
of the lawis gif he sould conceale him, and heiring of the lairge
prommesis of money to the reveillaris and apprehendaris of him, he was
inducit thairby to seas upone him, and tak him prissoner in his awin
hous, and randerit him to the commanderis of this airmey. All quhich
being takin be the moist pairt of this kingdome to be a singular mercy,
it pleasit the Commissioneris of the Kirk and Generall Assemblie to
appoynt a solempne day of thankisgeving throw all this kingdome; quhilk
wes obeyit and began heir in Lothiane, and keipit in all the kirkis of
Edinburgh and about, upone the fyftene day of May 1650; at quhilk day
and tyme, the new Psalme Buikis wer red and ordanit to be sung throw
all the kingdome.

[Nicoll then gives an account of the treatment which Montrose received
on his arrival as a prisoner at Edinburgh, of his condemnation to
death, and of the incidents attending his execution; but his statements
being substantially the same with those of Balfour, which are already
given, it is unnecessary to repeat them.]

Heir followis, as is reportit, a wicked and ungodlie Declaratioun
quhilk James Grahame causit all the ministeris of Orknay and Caithnes
to subscryve and assent to, except ane Mr William Smith, ane of the
ministeris in Cathnes.

“We, the Ministeris of the Presbytereis under subscryveris,
considdering it convenient to us, and these of our calling, to give
publict testimonie to the conscientiousnes and justice of his Majesteis
service, now presentlie depending, for the gude example of utheris,
and removing of quhatsomevir scruple from the myndes of all men, We
willinglie frelie, and with candour declair, That we from our soules
detest that continued Rebellioun, maliciouslie hatched, and wickedlie
prosequute, aganes his late sacred Majestie of glorious memorie,
and do from our hartis abhor his delyvering over in bondage and
imprissonement, horride and execrable murthour, and all uther dampnable
and malicious pretensis, execute aganes him be the wicked rebellious
factioun of both kingdomes; the quhich we will not faill heireftir to
preache to our pepill, and witnes every day of our calling, as als
of our lauchfull acknawlegement, prayer and wisches of the happie
establishment of his present Majestie unto all his just richtis;
and particularlie, that it may pleis God to gif a blessing to his
Excellence James Marques of Montrois, Capitane Generall to his Majestie
in the kingdom of Scotland. All quhich we will faithfullie stand to and
to the advancing thereof, without haiffing the least thocht or pretext
in the contrare. So help us God.”

[Nicoll then details the banishment of the Earl of Callendar, and a
number of other noblemen and gentlemen, for being concerned in the
Engagement; the execution of General Hurry, John Spottiswood, Hay of
Dalgatie, &c.; the arrival of the King; the great rejoicings, &c.]

It is formarlie recordit that, in these preceding yeiris, the
prevailling pairteis of Sectareis in Ingland war verrie insolent, quha
haid despysed religioun, and laid it in the dust, and haid tollerat
many gros errouris, blasphemeis, and strange opiniounes in religioun,
and haid mantened, allowed, and ventit the same in England, as the lyke
hath not bene hard of in former generatiouns. And the Monarchy and the
power of Parliamentis wes the auntient and long continued governament
of that Kingdome, yit haif these men usurped above the Parliament,
quhois servandis thai war; and, by oppin violence, haif drawn away
many, and imprissoned sum of the memberis thairof; and haif not onlie
takin away the Hous of Lordis, and destroyed the lait King, but also
subverted Monarchy itself, and turned the fundatiounes upsyde doun;
and labour to wreith the yok of thair oppressiounes upone thair bodyes
and soules, quhairof that Ingadgement now in England is a publict
testimonie.

This pairtie, eftir thai haif actit such thinges in England and
Yreland, conceaving that thai can not be establisched and eat the fruit
of thair awin devyces without contradictioun, als long as the Kirk of
Scotland standis in thair way; thairfoir thai threaten us with a warr,
drawing thair forces northward, and sending thame in in small pairteis
toward the Border, that it may be the les decerned quhat thai do. And
gif the Lord sall suffer thame to invaid this land, (as it is to be
feared,) that the gangrene of thair errouris may tak hold upone sum
ignorant and unstable myndis quho hath not resaved the love of the
treuth, so we may luik for desolatioun and destructioun; thairfoir,
and for many uther grave and wechtie ressones, the Estaites did levie
ane airmy, and put this kingdome in a posture of defence. And the
Commissioun of the Generall Assembie upone the 25 day of Junij 1650,
did emit ane Seasonable Warning concerning the present dangeris and
dewteis unto all the memberis of the Kirk....

At the approaching of this Englische airmy, many pepill heir in the
eist pairtes and south wer overtakin with great feares, till the haill
regimentis did convene. Mony also in Edinburgh, Leith, Linlithgow,
Falkirk, and uther pairtes about, wer put in great perplexitie, quha
removed thair best guidis over to the north syde of Forth.

The ministrie also, in thair severall places, wer not deficient to
encurage the pepill, prommessing, in Godis name, a victorie over
these erronyous and blasphemous pairteis in England, quha, aganes the
Covenant and Solempne League, did unjustlie persew this Natioun; and
farder, did freelie and franklie outreik ane regiment of hors, for
defence of the same, upone thair awin charges and expensses, under the
conduct of Colonell Strachane.

Upone the secound Weddinsday of Julij 1650, the Generall Assemblie met
at Edinburgh, being the tent day of Julij, and dissolvit not till the
24 day of the same moneth.

22 July 1650, being ane Monday, the Inglische airmy, under the
commandement of Generall Oliver Cromwell, croced the watter of Tweid
and marched in to our Scottis bordouris to and about Aytoun; quhairof
present advertisement wes gevin to our Committee of Stait, and
thairupone followit ane strict Proclamatioun that all betuix 60 and 16
sould be in reddines the morne to marche, both horse and fute. The same
day, the fute sodgeris lying heir for the tyme did cast ane trinsche
fra the fute of the Cannogait to Leith, for halding out of the enymie,
that thai sould not pass that way; bot that Edinburgh and Leith sould
haif saif correspondence ane with the uther without interruptioun of
the enymie.

23 Julij.—The College of Justice outreikit ane fute company of gallant
youthes, notwithstanding they haid ane troup of horse on the feildis
these twa yeiris bypast.

25 Julij 1650.—The Englische airmy lifted fra Aytoun and Halidounhill,
without sound of trumpet or touk of drum, at eftir nune that day,
and marched doun toward Cokburnespaith and Dumbar; thaireftir
to Hadingtoun, and so to Mussilburgh, Figgetburne, Dudingstoun,
Colingtoun, Braidis Craiges-haiffing thair trinches both at
Mussilburgh, and alongis to Braid and westwart. And haiffing on sea
fyftene sail, they resavit furth thair amunitioun and victuell furth
of thair schipis without interruptioun, both at Dumbar, Mussilburgh,
Fischerraw, and uther pairtes thairabout, and careyed all alongis with
thame to thair airmy with ane convoy of hors and fute.

The Scottis airmy haiffing, efter few dayis, convenit heir upone
the Linx of Leith to the number of fourtie thowsand men and above;
the half of thame were sent bak, eftir a long space apoynted for
purging of the airmy, to the discon[ten]tment of much pepill, and of
gentillmen volunteris quha haid frielie cum in to feght for defence
of the kingdome. The Scottis airmy being thus in purging daylie,
upone the Linx of Leith, it pleasit the Kinges Majestie to cum doun
frome Sterling, quhair he than wes, to the Linx of Leith, upone the
Monday the 29 of Julij, 1650, quhair he saluted the airmy, being all
rankit thair in a plesant posture, to the great joy of the King and
contentment of the pepill.

Thaireftir, upone Friday the 2 of August 1650, the King come frome the
Leager lying at Leith, to the toun of Edinburgh, ryding with his nobles
and leaff-gaird up throw the Cannogait to the Castell of Edinburgh,
quhair he wes saluted with a great number of cannoun schot.Thai rfra
he come doun on fute throw Edinburgh, quhair he was feasted by the
toun of Edinburgh in the Parliament Hous the said day; and thaireftir
went doun to Leith, to ane ludgeing belonging to the Lord Balmerinoch,
appoyntcd for his resait during his abyding at Leith; and thus haiffing
remayned a certane space, veiwing the airmyes on both sydes, he went
over the watter to Dumfermling, and to Falkland, and Pearth, for his
recreatioun....

The enymie also advanced the lenth of Restalrig, and thair placed thair
haill horse in and about the toun of Restalrig, his foote at that place
callit Jokis Ludge, and his cannoun at the foote of Salisberrie Hill,
within the park dyke; and twelf of his schips advanced to the Raid of
Leith, and thrie utheris betuix Edinburgh and Dumbar; and thair, both
be sea and land, played with thair cannoun aganes the Scottis Leaguer,
lyand in Sant Leornardis Craiges; the Scottis airmy also schuting at
thame: bot small skaith on ather syde.

Penult, Julij 1650.—Thair wes ane commandit pairtie sent out from the
Scottis Leagure, quha rancountered with ane pairtie of the Englische,
both of thame being horsmen, and at Restalrig thai skirmisched about
thrie houres. Quhairat the Scottis behaved thame selffis gallantlie
at the first, and killed ane major to the enymie with sindrie utheris
of thair commoun trouperis; but thair went out sindry gentillmen
and volunteiris, and, throw thair ignorance of militarie effaires,
maid great confusioun, so that the Scottis were forced to reteir.
Quhairupone the enymie tuik thair advantage, and persewed the Scottis
hard to the Leagure, and killed and hurt sindrie gentillmen and uther
volunteiris, and tuik sum of the Scottis men prissoneris, amongis
quhom ane simple sodger, quhois eyes they holkit out of his heid,
becaus upone his bak thair wes drawn with quhyte calk thir wordis,
I AM FOR KING CHARLES, stryped him naked of his cloathes, and sent
him bak to the Scottis Leagure, as wes reported. The enymie, eftir
this skirmische, finding the ground not so fit as he desyred for his
Leagure, reteirit bak his forces, both horse and fute, to the toun of
Mussilburgh.

Upone the morne thaireftir, being Weddinsday the last of Julij, 1650,
about brek of day, ane commandit pairtie of Scottis, consisting of 800
men, under the command of Colonell Robert Montgomerie and Colonell
Strachane, went out to rancounter the enymie at Mussilburgh, quhair
they behaved thame selffis stoutlie and gallantlie, killed many of the
enymie, both commanderis, trouperis, and commoun sodgeris, horse and
fute, and tuik sindry prissoneris; yit, in end, thai war forcit to
quhyte the prissoneris and reteir bak, for the enymie advanced upone
thame with fresche horses, and the Scottis, not haiffing a secound help
as had the Englische, wer in end compellit to returne to thair Leagure;
quhairas gif they haid gottin the help of 500 men, they haid totallie
routed the enymie. At this retreit of the Scottis pairtie, sindry
Scottis wer killed; bot many mae to the Englische, as wes reportit.

       *       *       *       *       *

Upone the 5 of August, 1650, about midnight, the enymie did lift all
thair forces lying in and about Mussilburgh, and marched bak towardis
Dumbar, quhair thair schips being than rydand, they resavit from
thame fresche viveris and amunitioun in abundance; and immediatlie
thaireftir, within twa or thrie dayis, marched bak to Mussilburgh, and
fra thence to Dudingstoun, and alongis to Colingtoun and about, quhair
they did ly sum certane dayis thaireftir....

Sum of our prissoneris takin by the Englische wer miserablie used,
tirred naked, and fettirred in yrone cheynes, as wes reportit.

During the lying of thir twa airmeys in the feildis, all the cornes
betuix Berwik, and twa or thrie myles be west Edinburgh, on both sydes,
wer destroyed and eaten up. Lykewyse, thair wes such great skairshetie
in Edinburgh, that all soirt of viveris, meit and drink, could hardlie
be haid for money, and such as wes gottin wes fuisted, and sauld at a
double pryce. The haill inhabitantes, lykewyse, of Edinburgh wer forced
to contribute and provyde fuid for the airmy, notwithstanding of this
skairshitie; and also to furneis fedder beddis, bousteris, coadis,
blankettis, scheittis for the airmy, and for the hurt sodgeris to ly
upone, with pattis and pannis for making reddie thair meat; and to
collect money for providing honest intertenment to the hurt sodgeris
that lay in the Hospitall and Paullis Wark.

Upone the 11 day of August, 1650, being ane Saboth day, and a solempne
day of fasting and prayer, evin upone that day (according to the
Sectarians wonted custome,) the enymie cumed bak fra Braides Crages,
quhair he wes than lying, and returned to Mussilburgh, and set doun his
Leagure thair till Tysday thaireftir, and then removed from Mussilburgh
and returned bak to Braides Craiges, bringing with him great quantateis
of victuell, quhilk he haid takin out of the mylnes, killis, and bernis
of Mussilburgh, and uther pairtes thairabout.

The 15 of August, 1650, to the quhilk the Parliament of Scotland wes
adjorned, fur the Kinges coronatioun, wes of new prorogat and adjorned
to the [10] day of September thaireftir, be ressoun of the twa great
airmeyis on both sydes, both of thame lying about Edinburgh; and
thairfoir the Parliament wes forced to adjorne.

At this tyme, the Commissioneris of the Kirk presentit sum
Propositiounes to the King to be subscryvit, quhilk for a tyme was
refused; yit in end condiscendit unto, and subscryvit be his Majestie.
And, thairfoir, upone his refuisall at the first, the Commissioneris of
the Kirk wer pleased to emit this Declaratioun following, quhilk wes
sent into the Englische Airmy, with the Approbatioun thairof following,
subscryvit be the Committee of Estait. Westkirk, the 13 of August
1650....[435]

The enymie being now lying neir to the toun of Edinburgh, and the Toun
fearing thair invasioun and assalt, they usit all meanis for thair
awin defence; and, for this end, erectit scaffoldis within the haill
wallis of the toun, set up thair ensignes thairon, extending to xxxij
culloris, mannit the wallis with numberis of men, planted ordinance
thairon, demolisched the haill houssis in St Marie Wynd, that the
enymie sould haif no schelter thair, bot that thai mycht haif frie pas
to thair cannoun, quhilk thai haid montit upone the Neddir Bow. The
Toun also wes forcit to demolische and tak doun the four prickes bigged
on the Neddir Bow, quhilk wes ane verry great ornament thairto, and
placed cannoun thairon. The Committee also causit demolische sindrie
houssis at the Patterraw Poirt and West Poirt, that the Castell of
Edinburgh, and uther pairtes quhair thair cannoun wes stellit, mycht
haif sicht of the enymie in cais he sould assalt, and greater fredome
to assalt him, be taking doun of the houssis that wer impedimentis to
the sicht of the enymie and force of the cannoun.

Upone Settirday, the 24 of August, 1650, our airmy resavit a great
disgrace in this manner; to wit, Generall Cromwell and his airmy
haifing past throw this kingdome fra Berwik to the place of Colingtoun,
without ony oppositioun maid be ony of the gentillmenis houssis by
the way quhair they past, untill they come to the hous of Reidhall,
within thrie myles be west Edinburgh; in the quhilk hous of Reidhall,
the Laird of Reidhall, with thriescoir sodgeris, lay with provisioun,
and keipit and defendit the hous aganes the Englisches, and gallit
his sodgeris, and pat thame bak severall tymes with the los of sindry
sodgeris. The Englische Generall taking this very grevouslie, that
such a waik hous sould hald out aganes him and be ane impediment in
his way, he and his airmy lying so neir unto it; thairfoir he causit
draw his cannoun to the hous, and thair, fra four houris in the morning
till ten in the foirnune that day, he causit the cannoun to play on
this hous, encampit a great number of his sodgeris about it, with pik
and musket, bot all to lytill purpos; for the Laird and the pepill in
the hous defendit valiantlie evir till thair powder failled; and eftir
it failled they did not give over, evir luiking for help fra owr awin
airmy, quha wes then lying at Corstorphyn, within thrie quarteris of
ane myle to the hous, of quhais help thai war disapoynted. Generall
Cromwell perceaving thair powder to be gone, and that no assistance wes
gevin thame, he causit pittardis to be brocht to the hous, quhairwith
he blew up the dures, enterit the hous at dures and windois, and eftir
slaughter on both sydes, (bot much moir to the Englisches then the
Scottis,) tuik all that wer in the hous prissoneris, tirred thame
naked, seased on all the money and guidis that wer thairin, quhilk
wes much, be ressoun that sindry gentillmen about haid put thair
guidis thair for saiftie. So this hous and pepill thairin wer takin in
the sicht and face of our airmy, quha thocht it dangerous to hazard
thameselffis in such ane expeditioun, the enymie haiffing the advantage
of the ground and hillis about him for his defence.

Albeit the Covenant, the Kirk, and Kingdome aucht to be deir and
precious in the eyis of all trew Scottismen, yet such wes the
dispositioun of sum of thame, that thai wer corruptit with Englische
gold, and gaif intelligence of all the proceidingis of our airmy to
Generall Cromwell, quhairby much of our intentiounes wer surprised.
Sum of thir intelligenceris wer takin and committed to prisoun, and
becaus no probatioun could be haid aganes thame, they war liberat
upone cautioun. Bot ane of thame being conscious of his awin giltines,
strangled himselff in the tolbuith of Edinburgh, being wardit thairin;
and thaireftir takin out and publictlie exposit to the view of all the
pepill at the Trone of Edinburgh and Mercat Croce of the Cannogait,
and thairfra transportit and hung up on the gallous betuix Leith and
Edinburgh, quhair he yit hinges, to the terrour of utheris.

27 August, 1650. The twa airmeyis, both Scottis and Englisches, lyand
about Corstorphyn, Gogar, and neir to Mortoun and thairabout, began to
play with thair cannoun this day, quhilk indured fra thrie houris in
the eftirnune till sex at nycht, at the quhilk xij of our airmy wer
hurt, ane killed and twa horses. Sindrie men wer killed to the enymie
also.

Eftir the enymie haid takin the Laird of Reidhall prissoner, he
thaireftir pat him to liberty, commending much his valour and activitie
for holding out so stoutlie aganes him that hous of Reidhall.

It wer langsum and tedious to writt all circumstances of these thinges
that passed betuix the twa airmeis; for the Englisches removed from
Collingtoun, Reidhall, and Niddrie, to Mussilburgh; thaireftir to
Hadingtoun and Dumbar, resolving to haif past into England. Bot the
Scottis airmy following, inclosit thame at Dumbar, resolving to haif
cuttit thame of, as doutles easelie thai mycht haif done; bot our
Scottis airmy being devydit and still in purgatioun, removing such
as did not pleis the leaderis of this Kingdome for the tyme, the
Englisches taking advantage of this divisioun and purging, quhilk
lastit mony dayes, and haiffing with thame in thair company many
Scottismen quha favored thair courses, and haid resavit thair gold,
they prevailled over the Scottis, as heireftir sall be declared: for
it is certane thair wes great corruptioun and divisioun and much gold
gevin for intelligence to the enymie....

The Englische airmy entered in a parlee with the Scottis airmy both at
Corstorphyn and Dumbar, and did offer great and lairge offeris gif we
sould suffer him to returne to England without farder molestatioun. Bot
our airmy refuisand, he, upone a Monday the secound day of September,
anno 1650, pat himself in ordour, and that nicht being a drakie nycht,
full of wind and weit, quhairin our Scottis airmy wer cairles and
secure, and expecting no assalt be ressoun of the frequent parlees
and offeris maid by the Englische, he tymouslie, upone the morne
thaireftir, be brek of day, being Tysday the third of September, 1650,
invaidit our airmy, all of thame being at rest, and thair horses, and
slew of our airmy about—— thowsand men, tuik and apprehendit many
thowsand prissoneris, hurt and woundit many thowsands, scatterit all
the rest of our airmy, quha for feir fled to Edinburgh and uther
pairtes of the countrey.

The Scottis airmy being thus routit and put to flight, the Inglisches
war resolvit to content thameselffis with the victorie, and to returne
to England. Bot the Generall Cromwell being informed that Edinburgh and
Leith wer left desolat, and the inhabitantes thairof fled, and that
nather the airmy nor the cuntrie and kingdome war to defend it, the
Englische Generall held a counsell of warr at Dumbar, and being thus
informed of the hard conditioun of these twa tounes, he with his forces
come into Edinburgh and Leith upone the Settirday eftir the feght
at Dumbar, being the sevint day of September, planted his garisouns
thairintill, and commandit and reullit at his pleasure; these tounes
being all of thame weill fortifeyed and provydit to thair handis.

To speik or writt of the opiniounes of many twiching the tinsell of
this battell, it wer tedious, for the opiniouns of sum persones wer,
that in the Scottis airmy thair wer mony independantis and sectareis,
quho haid too much relatioun and correspondence with Generall Cromwell;
sum utheris wer in the opinioun that the Englische gold did corrupt
many. These wer the opiniounes of many, bot certane it wes that, befoir
this airmy wes routtit, thair wes much bussiness maid anent the purging
of the Scottis airmy of malignantis be the space of many dayis; evin
than quhen the Englische airmy mycht haif bene easelie routtit, and
quhen thair souldieris fled in to the Scottis for feir, and quhen
honorable conditiounes and lairge offeris wer maid to the Scottis airmy
to suffer thame to depairt and to leave the Kingdome; yea, evin the
nycht befoir the feght, our Scottis leaderis wer in purging the Scottis
airmy, as gif thair had bene no danger. For at this tyme the Scottis
airmy thocht that the Englische airmy wer thair prissoneris, be ressoun
of the double number of the Scottis above the Englisches, and that the
Inglisches wer than in capitulatioun with the Scottis to give thame
lairge moneyis and uther conditiounes to suffer thame depairt this
Kingdome....

Oh, what can be sufficientlie writtin of these thinges; for thir
trubles daylie increst, be ressoun of the divisiounes of this Kingdome
quhilk daylie increst: Sum of the commanderis dispysing honest men,
quhome thai termed Malignantis; these Malignantis (as they call thame)
being willing to ryse for defence of the natioun, bot wer rejected:
Utheris, in the west pairtes of this Kingdome, drawing togidder, and
takand up a great pairtie of men, be way of associatioun and refuising
to joyne in the publict service. And quhen the Scottis airmy mycht haif
easelie routtit the Inglisches, and sindry notable occasiounes offered
to invaid thame, yit the commanderis of the airmy still delayit, till
it pleased God to delyver thame all in the handis of thair enymies.

Thus the Englisches haifing obtenit the victorie, and haifing
fortifeyed both Edinburgh and Leith, and placeing garisones
thairintill, the Generall and Commanderis of the Englische airmy gaif
out this Proclamatioun following:—

“QUHAIRAS it hath pleased God, by his gracious providence and guidnes,
to put the citie of Edinburgh and town of Leith under my power, and
although I haif put furth several Proclamatiounes since my cumming into
this countrie to the lyke effect with this present; yit for farder
satisfactioun to all these quhome it may concerne, I do heirby agane
publische and declair, that all inhabitantes of the cuntrie, not now
being, or continuing in airmes, sall have full and frie leave and
libertie, to cum to the airmy, and to the citie and toun afoirsaid,
with thair cattell, corne, horses, and uther commoditeis and guidis
quhatsoevir; and sall haif thair frie and oppin mercattis for the
same, and salbe protected in thair persones and guidis, in thair
cuming and returning, as is afoirsaid, from ony injurie or violence
of the souldiarie under my command, as also salbe protected in thair
respective houssis, and the citizens and inhabitantes of the said citie
and toun sall and herby lykewyse haif frie libertie to vend and sell
thair waires and commoditeis, and sall be protected from the plunder
and violence of the souldieris. And I do heirby requyre all officeris
and souldieris of the airmy under my command to tak dew notice heirof,
and to yeild obedience heirto as thai will answer to the contrarie at
thair outmost perrel. Gevin under my hand at Edinburgh, the sevint day
of September 1650.

  “O. Cromwell.

“To be proclaimed at Edinburgh and Leith be sound of trumpet and beat
of drum.”

Eftir this, the Inglische airmy marched throw Lynlithgow and Falkirk,
and went in full body to Sterling, upone Tysday, the 17 of September
1650; quhair thai, not being able to assalt the toun for feir of the
Castell, and of moir nor thrie thowsand fute lying within the toun,
quhilk wes stronglie fortifeyed and deiply trinsched, they, eftir two
dayis lying about the toun, returned bak agane to Lynlithgow, and from
thence to Edinburgh, quhair they establisched ordouris, and set doun
actis and ordinances at thair plesour....

Quhill these thinges war in doing by the Englische airmy, thair wes
lytill cair tane to oppose thame: bot faith and curage failled the
Scottis universalie throw the land; divisiounes, haitrent, and malice
still increst throw the Kingdome. Collonellis Ker and Strachane
withdrew thameselffis fra the Scotis generall, Generall Leslie, and
David Leslie his lievtenant; left thair ordouris, refuised to serve
under thair command; and not thairwith content, went to the west
cuntrie, sik as Glasgow, Paislay, Ranfrew, Irwing, Air, Lanerk,
Hammiltoun, quhair thair wes ane Associatioun concludit and drawn up
among the Westland schyres, and quhair thai and thair followeris keipit
thair randevous, quarterit thair men and hors upone the west pairtes of
the land, compellit the gentell men, burgesses and yeemenis to furneis
and rander thair horsses for thair service, exacted great soumes of
money for thair outreikis; and yit thai did lytill or no service, bot
trouping up and down throw the cuntrie a lang space, even fra the feght
at Dumbar to the end of November or thairby.

In the meantyme, Generall Oliver Cromwell, cheiff commander of the
Inglische airmy, come from Edinburgh to Lynlithgow, Falkirk, and
Kilsyth, and thairefter come with his haill airmy to Glasgow, upone
Fryday, the xi day of October, 1650; at quhais incuming the maist
pairt of the inhabitantes left the toun, and fled to sindry pairtes
of the cuntrie for scheltering thameselfis, not so much for feir of
the enymie, for thair cariage wes indifferentlie guid, bot becaus thai
feared to be brandit with the name of complyeris with sectarianes,
as befoir thai wer censured and puneist for remayning in the toun
the tyme of James Grahame his incuming, and brocht upone thameselfis
the name and style of Malignantes, devysit aganes thame be thair awn
nychtboures, quha haitted thame, and socht thair places and offices....

At this tyme, Godis anger wes manifest, and his hett displesour aganes
the inhabitantes of this land, for the cornes of the feild war not
onlie destroyed by this forrane enymie, and by the Scottis airmyes at
home, quha rampit and raged throw the land, eitting and destroying
quhairever they went, bot also the Lord from the hevines destroyed much
of the rest be stormes and tempestis of weit and wind....

Divisiounes still increst in Kirk and Kingdome, for the Ministrie gave
out thair Declaratiounes both aganes the King and the Commissioneris
sent to him to Gairsey and Holland.... By thir Declaratiounes of the
Ministrie the subjectis of the land wer moved to ceass, and not to lift
up airmes and go aganes the commoun enymie, and nane declared capable
to persew that enymie bot onlie Colonellis Strachane and Ker, quho wer
estemed to be for the Kirk and the Kirkis airmy; albeit it did not
prove so succesfull in the end as heireftir it fell out.

The Kingdome being thus in a moist pitifull and deplorabill conditioun
and sad estait, nane to ryse aganes the enymie, nor to defend the
Kingdome, severall meetingis wer appoynted by the Estait to meet and
to consult on the effaires of the land; sum tymes at Sterling, uther
tymes at Peerth, quhair dyveris dyettis of Parliament, Committee and
Commissioneris for the Kirk met and wer holdin, and for crowning of
the King; bot all wes to small purpos, the divisiounes both of Stait
and Kirk incresing, to the great advantage of the enymie, quha estemed
these inward divisiounes of this land to be worth to him and moir
profitable then twenty thowsand men.

I thoght guid to remember heir how that the names of Protestant
and Papist wer not now in use, nor hes bene thir sindrie yeiris
past, bot supprest: and, in place thairof, rais up the name of
Covenanteris, Anti-Covenanteris, Croce-Covenanteris, Puritanes,
Babarteres, Roun-heidis, Auld-hornes, New-hornes, Croce-Petitioneris,
Brownistes, Separistes, Malignantis, Sectareis, Royalistes, Quakeris,
Anabaptistes....

Lykewyse the Commissioun of the Kirk, beiring a great splene aganes all
these quha war of the Malignant factioun, (as they did call it), they,
be thair Declaratiounes and Commissioneris at Committee and Parliament,
maid these forces under the charge and command of David Leslie to
ryse aganes these under the charge and command of Lievtenant Major
Middletoun, to subdew thame, and croce thair rysing for the King....

So, to end this yeir of God, 1650, this Kingdome wes for the moist
pairt spoyled and overrun with the enymie, evin from Berwik to the toun
of Air, thair being Inglische garisounes in all quarteris of these
boundis; the land murning, languisching and fading, and left desolat,
every pairt thairof schut up, and no saif going out nor cuming in, and
many treacherous dealeris did deale verie treacherouslie, the Lord
hyding his face all this tyme for the synnes of Scotland.

       *       *       *       *       *

1650.

_Excerpts from the Chronicle of Fife; being the Diary of John Lamont of
Newton._


Jan. 13.—Robert Maitlande, the Laird of Lundie, in Fyfe, meadde his
repentance (in his owne seatte) for having hand in the leate engagement
against Englande. Mr Ja. Magill, minister of Largo, did receave him,
and presentlie, after the covenant being reade, he did sweare the same,
and, in the afternone, did subscribe it before the session.—The day
before, he did subscribe the peaper emitted by the Gener. Assemb.

1649.—A litell before this, the Earle of Kelly made satisfactione in
this manner, in Petten-Weyme, and was receiued by Mr George Hamiltone,
m. of Newburne, and afteruarde his owne minister.

1650. Feb.—Ther was sundrie persons in Edenbroughe that had ther eares
nayled to the Trone, for bearing false witnes, and one that had his
tounge pearced with a hott iyron. About the same tyme, ther was one
scourged by the hangman, for having 7 weemen at one tyme with chielde.

Mar. 31.—At the church of Largo ther was read a declaration of the
Commiss. of the Gener. Assemb. answering a declaration leatlie
published, under the name of James Ghrame, sometyme E. of Montrose.
Also, the forsaid day, ther was a publicke fast intimate to be keiped
throughe out the whole kingdome, the folowing Lords day. The maine
cause of this fast appointed (besides these of former fasts) was, that
our commissioners gone to the king (before spoken of) might have a
gratious acceptatione, and ther iust desirs granted.

Apr. 27, being Satterday.—James Grahames forces (sometyme E. of
Montrose), being in the north parts of this kingdome, werre defeate by
L. Ge. Da. Leslie, his folowers.

May 21,—James Grahame (sometyme Earle of Montrosse), was execute at the
crosse of Edenbroughe.

A newe translation of the Psalms of David, in metre, first corrected by
the Assemblie of Divines, in Englande, bot afteruarde revised by the
Gener. Assemb. of this kingdome and their comissioners, was apointed to
be practised in all the kirks of the kingdome; the former discharged.
This translation is more neare the original Hebrew than the former,
as also, the whole psalmes are translated to comon tunes, (wheras, in
the former, ther werre many proper tunes); ther be proper tunes also
in this translation, bot, with all, ther is adjoyned comon tunes with
them. This translation was practised, the 2 of June 1650, at Largo
church, in the presbetrie of St Androus, as also through out the rest
of that presbetrey, and apointed, with all diligence, to be put in
practise through the rest of the presbetreys of the kingdome.

July 7.—Ther was a fast apointed by the Comiss. of the Gener. Assemb.
to be keiped through out all the kirkes of the kingdome; the maine
causes werre the great securitie of the land, the threatning of the
sectarian armie of England to invade this kingdome, the abounding of
socerie, and that the Lord wald countenance the folowing Gener. Assemb:
etc. This fast was keiped by Mr Ja. Magill, att Largo, the forsaid 7
day of July. This day intimation was made of the excommunication of one
Jhone Enster, a shiper in Enster, for his obstinacie in malignancie. As
also of one Mr Hollande, ane English man, wha gave him selfe foourth
to be a phesitian, he being onlie ane imposter and deceaver, that the
people might not have any dealing with him in the meater of physicke.

July 10.—The Generall Assemblie of this kingd. satte att Edenbroughe,
where Mr Andro Cant, minister of Aberdeine, was moderator. Att this
meiting ther werre severall nobelmen that werre accessorie to the late
unlawfull engagement, that werre desirous to be receaved, as the E.
of Crafoorde, wha was received in the Abey kirke, and appeared to be
verie penitent. The E. of Laderdaile was referred to the comission of
the kirke. Duke Hamilton’s petition was rejected; the E. of Marshall
(whose lady, a litel before this, depairted out of this life,) the
E. of Arroll, and sundrie others. The most pairt of the ministers of
Orkenay were deposed, and appointed to be excommunicate, because they
had subscribed a peaper of the forsaid Montrosse.[436] A number of
the ministers of Caithnes werre deposed in likemaner, for conniving
at his wayes. L. G. Cromuell, that commanded the English armie, sent
a declaratione to this kingdome, declaring the causes why he was
comeing downe to invade this kingdome; and another from the pretended
parliament of England;—both which werre excellentlie answered, both
by church and state, and the Assemb. answers appointed to be read in
the severall kirks of this kingdome. The K. Majestie sent a letter
to this Assemblie; ther was three ministers appointed to attend his
Majestie; as Mr Robert Blaire, m. of St Androus, Mr George Hutcheson,
and Mr James Durhame. Ther was a fast appointed (because the forsaide
Englishis had invaded this kingdome), to be keiped through the wholle
kingdom. This meiting rose the 24 of the said instant. The said Mr
Rob. Blaire was desired to come to Glasgowe, (in the roume of D.
Strange, who was deposed for some erronius opinions), bot it was
refused. A litell before this Assemb. Mr David Dicke, m. of Glasgowe,
was transported by the Com. of the Gener. Ass. to Edenbroughe, to
be professor ther. He did succeid to D. Sharpe.... Mr Ja. Sharpe
was transported from Crayll to Edenbrough, and Mr Jhone Heart from
Dyninnowe to Dunkell, both out of St And. presb.—A visitatione for Fyfe
to sit in Sept.

Oct.—This moneth the malignant pairtie of this kingd. did ryse in armes
in the north; they emited a declaratione. The comission of the Gener.
Ass. emitted a warning, deated at Sterling, 24 Oct. 1650, against them,
to be read in the several churches. L. G. Da. Lesley was sent north
with some horsemen against them.

Oct.—This moneth the westcountrey men joined them selfs in a body (with
L. Coll. Ker, Strachan, and some ministers,) and sent in a Remonstrance
to the estaits,[437] declairing all the escaps of the Kings Maj.;
condeming the treatie with him; accusing many of the comitt. of estaits
of covetousnes and oppression; speaking against the chife leaders of
the armie; and opposing the invasion of England, or enforcing a king
upon that kingdome. Ther forces werre scattered at Hamiltone, by a
pairtie of the English men, under the conduct of Lambert, on the 1 of
Decemb. being Sunday, 1650. Sundry of them were killed, and Coll. Ker,
one of ther cheife leaders, wounded and taken.

Nov.—Ther was a meiting, both of state and church, at St Jhonstone, at
which tyme they both declaired against that remonstrance of the men
of the west contrey (before spoken of), shauing that it was divisive,
contrare to the covenant, and acts of the Generall Assemblie; debaring
all that adhered to that said remonstrance from sitting and voyceing in
the publicke judicatories, ether of state or church. Upon this, sundrie
ministers of the north countrey protested against the declaratione of
the church, and foure ministers in Fyfe adhered to ther protestation,
one in every presbetrey, vizᵗ, Mr Sa. Rutherfoorde, in St Androus
presb.; Mr Ja. Wedderburne, in C. presb.; Mr Alex. Moncriefe, in K. p.;
and Mr Will. Oliphant, in D. presb.

Mr David Calderwood, a minister in Louthian, depairted out of this life.

Dec. 22.—The fast, apointed by the comission of the kirke to be keiped
througe the kingdome before the coronatione, was keiped att Largo the
forsaid day, by Mr Ja. Magill; his lecture, Rev. 3, from v. 14 to the
end of the chapt. his text Rev. 2, 4, 5. Upon the Thursday folowing,
the 26 of this instant, the fast was keiped in likemaner; his lecture 2
Chro. 29. to v. 12; his text 2 Chron. 12. 22. The causes of the first
day (not read) was, the great contempt of the gospell, holden forth in
its branches. Of the second day (which were read), the sinns of the
King, and of his father’s house, where sundry offences of K. James the
6 were acknowledged, and of K. Charles the 1, and of K. Ch. the 2, nowe
king. This second day the E. of Laderdaile gave satisfactione (at the
k. of Largo), for haveing hand in the late unlawfull engagement against
England, where, 1. he acknowledged the sinfulnes and unlaufulnes of
that course; 2. his sorowe and remorse for haveing accession therto;
3. his resolutione, for the time to come, to be warre of such courses.
After this, Mr Ja. Magill did reid the solemn league and covenant, and
he held up his hand and did sweare to the same. So the k. session gave
him a peaper, subscribed by the minist. and clerk, testifying that they
were weill satisfied with his repentance.

       *       *       *       *       *

1649-50.

_Excerpts from The Waters of Sihor, or the Lands Defectione; By James
Guthrie._[438]

[Propositions laid down and contended for by Guthrie, in page 19.]

1. All judicatories and Armyes, and all places of power and trust
amongst the Lords covenanted people in Scotland, should consist of, and
be filled with, men of known good affectione to the work and people of
God, and of a blamles Christian conversatione.

2. All known malignant, and prophane scandalous persons, ought to be
excluded from power and trust amongst those, and to be purged out from
the Judicatories and Armyes.

3. The making of Associations in counsell and in forces with the
Malignant party, or these who walk in known wickednes, and in enmity
and oppositione to the work and people of God, is to these unlawfull,
and ought to be avoided by them.

4. Malignant and wicked men who have been engaged in such enmity and
oppositione, or given to prophanity, and have there upon been debarred
from the Covenant or Communion, or secluded or removed from power and
trust, ought not to be admitted into these till after tryall they
shall be found in their ordinary conversatione to give reall testimony
of their dislike of their former evill courses and wayes, and of
their sorrow for their accessione to the same, and to live soberly,
righteously, and godly.

  [Page 21.]

In the year 1648, when the parliament were on debats of a ingadgment
in War against England, the Comissione of the Kirk, (being there
homologated by the Supplications of most of all the Presbytries and
Synods in Scotland,) as they did desire the parliment “that the grounds
and causes of undertaking a war might be cleared to be so just, as
that all the weel affected might be satisfied in the lawfulnes and
necessity of the Ingagment, with sundry other things to that purpose;
so did they also desire, that if the Popish, Prelaticall, and Malignant
party should again rise in arms in this natione, that their armyes
might be so farr from joyning and associating with them, that, one
the contrairy, they should oppose and endeavour to suppress them, as
enemies to the Cause and Covenant on the one hand, as weel as Sectaries
on the other; and that, for securing of religione, and all other
ends of the Covenant, such persons only might be entrusted to be of
Comitees and Armyes as hes given constant proof of their integrity and
faithfulnes in this cause, and against whom there is no just cause of
exceptione or jealousie.”

And when the parliament, without satisfactione to these desires, did
resolve and enact an ingagment in war against the kingdome of England,
the Gener: Assembly did condescend upon and issue a Declaratione
concerning the sinfulnes of that war as upon many other grounds, so
also upon associating with, and employing and entrusting of Malignants
in the Army and in Comitees. The Assemblys words be these:—“Suppose the
ends of this Engadgment were lawfull, qᶜʰ they are not,” &c.[439]

  [After references to the Solemn Confession, &c., and Engagement to
  Duties after the defeat of the Engagement, the author proceeds, page
  24:—]

At the same time, the Comiss: of the Gen: Assembly did make ane Act for
debaring of persons accessory to the late Unlawfull Ingadgment in War
against England from renewing the Covenant, receiving the Communione,
and from exercise of ecclesiasticke office; and the Parliament meeting
a litle thereafter, did make two Acts, one for purging the Armys
and Judicatories from corrupt and malignant men who were in trust;
another for keeping of them pure for the time to come; and the Gen:
Assembly, qᶜʰ sate in Edʳ in the year 1649, did innact that none of
these persons who were excluded from the Covenant and Communione should
be admitted and received thereto but such as, after exact tryall, did
in their ordinary conversatione give reall testimony of their dislike
of the courses and wayes of Malignants, and of their sorrow for their
accessione to the same, and to live soberly, righteously, and godly.
These Acts of Kirk and State, I shall hear set doun, at least so much
of them as contributes for the further clearing and proving of our
present purpose; to witt, that the propositions formerly mentioned
were received, and ouned, and engaged unto by the kirk and kingdome of
Scotland, ... “as treuths necessary for preserving and promoving of
Religion and Righteousnes.”

  [In the 5th chapter, Guthrie goes on to argue, that these several Acts
  of the Commission and Estates, _after_ the Engagement was defeated,
  were legal and binding on Kirk and Kingdom, because the Confession of
  Sins, &c., was made in October, 1648, throughout all congregations and
  whole body of the people, _except those who were excluded_; but he
  does not shew that either the Commission of Assembly or the Estates,
  subsequent to that time, were legal Assemblies, or had any lawful
  authority to pass such ordinances.—Page 39.]

The Comissione of the Gen: Assem: meeting at Edʳ about the time of
the marching of the English Army to invade this land—to wit, June 25,
1650—did emitt a Warning concerning dangers and deuties, in which are
these passages:—“Its far from our meaning that any who are tainted
with malignancy and disaffectione to the work of God should be allowed
or permitted to associate or joyn themselves together by pairtyes in
Armys, much less doe we mean yᵗ we should associate or joyne with them,
or that they should be imployed, or made use of, or countenanced, or
permitted to be in our armyes. The Lord hath so far cleared his mind,
both by his words and works, against these that they are very blind
who are not convinced therein; and we have made so solemne publick
confession of this sin that relates unto Malignants, and so solemnly
ingadged our selves against the same, that they among us who should
again hazard upon it should seem to be desperatly perverse. It were
not only to give great ground of encouradgment to the Sectaries, before
whom Malignants have so often fled and falen, but to discouradge the
hearts and weaken the hands of men of integrity and godlines, who
could hardly expect a blessing in the fellowship of such; yea, it were
from the words of their own former confessione and ingadgment unto
deuties, to proclaim a judgment against the land till it were consumed
without remedy. We are therefore bold, in the Lords name, to warn the
honourable Estates of Parliment, and all whom it concerns in the land,
that they may be far from such a thing, and that they may take care,
in their respective places and stations, to purge judicatories and
comitees of all scandalous and disaffected men, and speedily goe about
the removing and purging out from the army all men of a scandalous
conversatione, and of a questionable integrity and affectione in the
cause of God, and that they imploy none but such as are of a blamles
conversatione, and of approven integrity in the Lords work. It shall be
a shame for any in this land to be so faithless and unbeleiving, as,
because of the scarcenes of men, to make use of others who are not thus
qualified. The Lord hath not only spoken it in his word, and verified
it in his works in the dayes of old, but hath let us see it with our
own eyes, that it is all one wᵗ him to save with few as with many, and
that a few whom God will countenance are more worth than many against
whom he hath a controversy.”

Again, in the same Warning:—“Albeit we be dilligently to take heed of
the danger that threatnes from Sectaries, and faithfully to bestir
ourselves in our places and stationes in the use of all lawfull and
necessary means for preventing of the same, yet are we not to forget,
but also with the same dilligence and care, to take heed of these
dangers and snares that threatnes the work and people of God from
Malignants. Malignancy, though a very evill weed, yet is not pluckt
up, but continous to be one of the reigning sins of this land, the
snare wherewith loose hearts, who cannot endure Christs yock, are most
readily taken. Hence it is that there be many of that stamp in all
yᵉ three kingdoms, who, drawing encouradgment to themselves from the
influence they have upon the Kings Counsell, and hardning themselves
in their way by the proceedings of Sectaries, doe still follow their
former designs, and wait for their day, and would rejoice in the ruine
or halting of these who adhere to the Covenant; and experience proves,
that many of these who have seemed to repent of and abandon that way,
yet doe not realy shake of that sinn that hings so fast on, but, upon
new tentations, fall again upon the same wickednes, and prove worse
then before, which may be a cautione to us not suddenly to trust them.
We make no doubt but Malignants will, by all means, endeavour that
there may be roome left for them to undermind the work and people
of God, and ingadge the kingdom in a new war, upon terms of their
devising, destructive to Religione and yᵉ Covenant.”

The Gen: Assembly it self at Edinburgh, in July thereafter, did, upon
the 19 of that moneth, publish a Declaratione, in which they give
warning concerning Malignants thus:—“We exhort all these who are in
publick trust, in yᵉ Comitee of Estates, or otherwise, not only to take
good head of their private walking, that it be suitable to the Gospel
of Jesus Christ, and of their families and followers, that they bee
void of offence, but also be straight in the cause and Covenant, and
not to seek themselves, nor befriend any who have been enemies to the
Lords work, self seeking, and conniving at, and complying with, and
pleading for Malignants, having been publick sins that have been often
complained of; and we wish to God yʳ were no cause to complain of these
things still, notwithstanding of the solemne Confession of them, and
ingadging against them. God forbid that any mocke the Lord. He is a
severe avenger of all such things; and there is the more reason at this
time not to own Malignants, because it is ordinary with men so to be
taken with the sense of the dangers qᶜʰ is before them, as not to look
back to that which is behind them. There may be inclinations in some to
employ these men, and make use of them, that we may be strengthned in
this and in our neighbour land; but God hath hitherto cursed all such
counsels, and blasted such resolutions; and if we shall again fall into
this sin, as our guilt shal be so much the greater by reasone of many
promises and ingadgments to the contrair, so may we expect ane heavier
judgment from the Lord upon it. Let us keep the Lords way, and, though
we be few and weake, the Lord shall be with us, and make us to prosper
and prevail. They are not fit for the work of God, and for the glorious
dispensations of his more than ordinary works of power and providence
in these times, who cannot beleive nor act any thing beyond what sense
and reasone can make clear unto them from the begining unto yᵉ end of
their undertakings. Former experiences and present straits call upon us
that we should act and follow our deutie in such a way as may magnify
the Lord, and make it known to others that we may live by Faith.”

About the same time, the Comitee of Estates in their Declaratione, in
answer to the English Declaratione concerning their Invasione, speak
thus:—“If wee shall keep Malignancy out of our quarel and Malignant
instruments out of our counsels and forces, and our selves free from
every thing which may provoke the Lord, and doe every deutie qᶜʰ may
ingadge him for us, the case of the Ammonites against Jephtah and
Israel, the case of Jeroboam against Abijah, the case of Amaziah
against Joab, the case of Zenachrib against Hezekia, the case of Moab
against Jehosaphat, and the judgment which came upon the invaders,
speake terror to our adversaryes yᵗ come against us, and comfort to the
necessary defenders.”

Immediatly after the defeat at Dumbar, Causes of Humiliatione and Fast
were cendescended upon at Sterline, to be keept through the whole
land.[440]

  [Page 42.]

A litle thareafter, to wit, Septemb: 12, 1650, the Comissioners of the
Gen: Assem: did write to the severall Presbytries in the land; in qᶜʰ
letter they doe relate to these causes, and, in speciall, doe recomend
to them, “that they would carefully and instantly warne their people
agˢᵗ snares, and not to be dismayed, but sanctifie the Lord God in
their hearts, that he may be their fear and their dread, soe that they
doe not for their safty choose the course of flesh and blood, tending
either to compliance with Sectaries, one the one hand, or Malignants,
one the other hand, but yᵗ the work of God may be carried on, and his
people may follow and adhere unto it in their stations, according to
the Covenants and former grounds and principles. We conceive (say
they) that these who fear the Lord and make conscience of duety, and
desire to be faithfull, will be so far from slacking their hands in
their deuty and in a straight way of pursuance thereof for any thing
that hath befalen now, that they will rather looke upon themselves as
called and obliged to their deuties in a more speciall way of strictnes
and watchfulnes than formerly, and that the present difficulties and
dangers of the time be not abused for flattering of men in any way that
may tend to turning aside to crooked courses.”

With this letter they sent a short Declaratione and Warning, to be read
in all the congregationes of the Kirk of Scotl:[441]....

Upon the 24 of Octob: [1650] the Comissione upon occasione of the rising
of many of the Malignants in the North, in a tumultous and rebellious
way, did emit another Warning, in qᶜʰ, (after the laying open of these
mens gross miscarriages, and their breaking of all bonds, promises, and
oaths,) they doe give warning against complyance with them in these
words:—“It shall be wisdome to these that are in authority to walk with
Malignants according to the rule of the word of God and the bond of
the Covenant, to take good head of trusting and taking in of such that
have been opposit to the work of God, so many experiences teaching the
unsoundnes of the most of these from year to year.”

In the moneth of Octob: thereafter, or thereabouts, the King (being
then at Pearth) did, by the suggestione of some, write two Letters, one
to the Commitee of Estates, another to the Comiss: of the Gen: Assem:
both qᶜʰ were then sitting at Stirline, in qᶜʰ he did directly propound
it to their consideratione, and ask their judgment concerning yᵉ
imploying of these men who were yⁿ excluded from power and trust, and
in his letter did propound the consideratione of the lands necessity,
and of the advantages that would accress by intrusting of them; yet
the Comitee of Estates, (according to my informatione,) and sure I am
the Commiss: of the Kirk did return a negative answer to him in this
particular, declairing that it would be both dangerous and scandalous
to make use of these men.

In the end of Novemb: the Comiss: did give in to the Parliment at
Pearth, a Remonstrance concerning the search of their guiltines in
the matter of the treaty in the Act of Indemnitie given to the rebels
in the north, who had risen in arms after the defeat at Dumbar, in
neglecting to purge the Kings family and in their personall carriage.
In which Remonst: I find these two passages:—

1. “As we humblie desire your Lo: to be exceedingly watchfull over
your hearts, and to bewar of harburing any prejudices or relenting in
your affections to the Godly in the land, whom God hes honoured to be
instrumentall in his work, so to searche if there hes been at this time
among you any purpose or resolutione tending to a sinfull complyance
with the enemies of the cause of God; and what upon serious search
shall be found of this to ly low before the Lord for it; and withall
to guard for the future against all inclinatione of making use of any
scandalous, malignant, and disaffected persons for publick trust, or
for admiting any to employment in your counsels or armys, except in the
way agreed upon by the Publick Resolutiones of Kirk and State.”

The Publick Resolutions here meant were not these against which this
dispute runs, for these were not then in being, but the Resolutions
contained in the Solemne Ingadgment unto Deuties.

2. “The great foreflowing of that so important a busines, the purging
of the Kings family notwithstanding the many addresses we have had
to your Lo: thereanent, as we desire it to be looked upon as no small
guiltines, so we hope and desire that once for all yow will take some
effectuall course for purging the Kings family of all scandalous and
disaffected persons, and of constituting it of men of knoun integritie
and affectione to the cause of God, as also for debaring all Malignants
from accesse to the Kings Maj: and to the Court. We doubt not but your
Lo: does consider how bad effects the land hes alredie found of such
mens influence upon the King, whereof belike we shall find more, and
worse if your Lo: faithfulnes and wisdome doe not prevent it. Let the
wicked be removed from the King, and his throne shall be established in
righteousnes.”

The same day that this Remonstrance was condescended upon, the Comiss:
did also pass ane Act suspending all these Malignants in the north, who
had risen in arms, from the Communione, till the nixt Gen: Assem: the
just copie whereof follows:—

  “Pearth, Novemb: 20, 1650.

“The Comis: of the Gen: Assemb: considering the great sin and
offence these men are guilty of, who have had accessione to the late
Rebellione in yᵉ North; therefore they doe appoint that all these
persons that were actually in armes at the late rebellione, and all
such as subscribed the Bond and Declaratione emited by them, to be
suspended from the Communione till the nixt Gen: Assemb: to which they
are hereby refered for further censure; and for all others that had
any accessione, by counsel or otherwise, to that rebellione, or to
the Kings withdrawing from his Counsell, refers to Presbytries to try
diligently, in their severall bounds, these persons and the degree of
their guiltines, and to report the same, with the evidences and proofs
thereof, to the nixt meeting of this Commissione.”

  “A. KER.”

About the same time the Comiss: were instrumentall to cause yᵉ King and
his family, and the whole land, keep a Solemne Publick Humiliatione for
the sins of the King and of his fathers house.

  [Page 65.]

“The Comissione of the Gen: Assemb: in their Warning at Edʳ, June 25,
1650, when the English army, to their knowledge, were now upon their
marche for invading of Scotl: say—

“That these who are tainted with malignancy and disaffectione to the
cause of God, should not be allowed or permitted to associate, or joyne
themselves together in Armys, much less should we associate or joyne
with them, or make use or imploy, or countenance, or permitt them to
be in our armies; that we have solemnly ingadged our selves against
this, and should be desperatly perverse to hazard upon it; that it
were to give great encouradgment to Sectaries, to discouradge the
hearts and weaken the hands of men of integrity and godlines, who could
hardly expect a blessing in the fellowship of such; that it were from
the words of our own former Confessione and ingadgment unto deuties,
to proclaim judgment against the land till it were consumed without
remedy; that it were a shame for any in this land to be soe faithless
and unbeleiving as, becaus of the scarcenes of men, to make use of
such.”

The Gen: Assemb: in their Declairatione, July 19, thereafter when the
Englishes now were come over the Border, warne against the imploying
and intrusting of these men, and tell us “that God hath hitherto cursed
all such counsels, and blasted such Resolutions; and that if we shall
fall again into this sin, as our guilt shall be much the greater by
reasone of many promises and ingadgments to the contrair, so we may
expect a heavier judgment from the Lord upon it.”

The Commissione of the Gen: Assemb: that sate at Stirling, after
the defeat at Dumbar, did, in the three severall meetings, declair
their Judgment to the same purpose. 1. In the causes of publicke
humiliatione, which were first condescended upon by the Presbytries and
Members of the Comissione, then with the Airmy, and were afterwards
approven by the Comissione.

“The not purging of Judicatories and of the Army from malignant and
scandalous persons, and not filling all places of power and trust with
men of known integrity, and of a blameless and Christian conversatione,
together with greater inclinations and endeavours to keep and bring in
Malignants to the Judicatories and the Army, as though the land could
not be guided nor defended without these,” is acknowledged as one of
our sinns, and as one of the causes of our sad stroake.

In their Warning at Stirline, Septemb: 12, 1650, they advertise us that
“we would not think that all danger from the malignant pairty is now
gone, seeing there are a great many such in the land who yet maintain
yʳ former principles, and therefore (say they) we would, with als much
watchfullnes and tendernes now as ever, avoid their snares, and beware
of complyance and conjunctione with them, and take heed that, under
pretence of doing for the cause, they gett not power and strength
into their hands for advancing and promoting their old malignant
designes, doubtless (say they) our safty is in holding fast our former
principles, without declyning to the right hand or to the left.”

A litle thereafter, the King, by his Letter, propounding the questione
unto them concerning the employing and intrusting these men, they
did resolve it so as they did hold it furth to be “dangerous and
scandalous, and contrair to our former principles to imploy and intrust
these men.” That was the language that the Kirk of Scotl: spoke before
these Resolutions.

  [Page 109.]

The Comissione of the Gen: Assem: in August nixt thareafter, that
for preventing any misapprehensione that might arise because of the
Kings Declaration about the state of the questione, did emitt a short
Declaratione concerning the state of the questione, which I shall
here set doun, with the Comittee of Estates approbatione thereof and
concurrance therein.

West Kirk, the 13 of August, 1650.[442]....

This Declaratione was also intertained with a testimony of cordiall
acceptance by the army, and was by publick order sent to the Generall
of the Inglish army, as containing the true state of the quarrell upon
qᶜʰ this Kingdome then fought.

       *       *       *       *       *


1650.

  _Excerpts from the Historical Discourses, &c., by Sir Edward Walker,
  Knight, Garter, Principal King of Arms, Secretary of War to his
  Majesty King Charles I., and Clerk of the Council to King Charles
  II._[443] [_London_, folio, 1705.]

Much about the time of his Majesty’s landing, certain intelligence
came of Cromwell’s advance, which induced a necessity of reinforcing
their standing army, consisting of 2,500 horse and 3,000 foot. Much
debate it had in Parliament, and was much opposed by Warriston,
Scheesely, Swinton, and others of that party; but the certain news
of his Majesty’s arrival cooled their courages at that time; and so
the Act of Levies past, consisting of above 30,000 horse and foot
throughout the kingdom. This being done, a list being sent them (by
that zealous brother Geffery, one of the Commissioners) of the persons
that came over with his Majesty, as well his servants as others. They
presently voted all of them from him but the Duke of Buckingham, Mr
Seymour, Dr Frazer, and Mr Rodes; and so the Parliament adjourned to
the 15ᵗʰ of August leaving a committee to rule in the interim. Two
or three days after, the Marquess of Argyle, the Earls of Boclough
and Weymes, Warriston, Cheesely, with the ministers Dick, Guthery,
and others of the Committee came, and (having, it seems, power to
that purpose,) they mitigated somewhat of the rigour of the former
vote; for they only excluded the Lord Wilmot, Mr Secretary Long, Mr
Harding, and Mr Oudart from Court, until they were otherwise disposed
by Parliament; but banished out of the kingdom within eight days
after the publication, either at Dundee or Aberdeene, the Earl of
Cleveland, and his son the Lord Wentworth, (who had deserved better of
them,) the Lords of Widrington and Grandison, Sir Philip Musgrave, Sir
Edward Walker, Mr Progers of the Bedchamber, Collonel Darsy, Collonel
Grey, (though absent in Holland,) Collonel Boynton, Major Jackson,
and Dr Gough. The first four, to shew their obedience, presently
absented themselves; and two of them, the Lord Wilmot and Mr Harding,
are again returned to Court, though no publick vote be yet passed
in their favour; but the rest being not to expect any from them,
and another part of the vote being to have money to transport them,
did not remove themselves. Hither many of the Nobility Engagers and
others came, but with difficulty were admitted to kiss his Majesty’s
hand, and not suffered to stay any time. Among others, the Earl of
Cornwarth, who coming into the Privy Chamber, and being told by the
Marquess of Argyle, it was a great presumption to come thither being
in his condition, he went to his Majesty, told him Friends must part,
and wished and hoped he had none about him less faithful to him than
himself. Then turning to Argyle, he told him—This is your doing; but
I value it not. Then, coming into the presence, he applied himself to
the Earl of Cassels, standing on the one side of the Cloth of State,
Warriston and Cheesely standing on the other. By this time, notice
was given what had passed within, and Mr Wood, the minister, one of
the Commissioners in Holland, beckned to him to come away, which he
presently did; and coming to him said, Sir, God, I hope, will forgive
me—will not you? But Mr Wood turned from him in disdain, giving him
never a word; upon this, the Earl of Cornwarth went out. In the
interim, Warriston and Cheesely called Sir James Balfour, Lyon King
at Arms, and gave him order to take the Earl and hang him presently,
except he went from Court. Hence you may observe the charity of the
Clergy, and the mercy of the Committee to any of the Royal party;
since, the Earl being taken at Edenborough, was made prisoner in the
Tolbooth, and (for anything I hear) left to Cromwell’s disposition,
together with Sir John Henderson; who coming afterwards to Dumfermling,
and addressing himself to the Marquess of Argyle, was to have been
employed by him to bring over the remainder of the arms from Sweden;
in confidence of whose favour, he went to Edenborough, where he was
likewise imprisoned. Besides this vote of Banishment, the Committee
presented His Majesty an Act of Confirmation of the Treaty, with
a recognition of his right and capacity of his executing of His
Royal Authority; intimating their intentions of his Coronation at
the next meeting of Parliament. But, in the interim, reserving the
administration of affairs to the Committee of Estates, who still kept
all in their power, except his Majesty’s concurrence with them can add
to their advantage, and then they seek it; to this end, they procured
His Letters to the several Northern Counties to hasten the Levies.

The Committee having, to their satisfaction, at this time dispatched
their business, returned to Edenborough; so did the old General
Levin and David Lesley to the Army; from hence, likewise, all the
Commissioners that were in Holland went their several ways, none
remaining but the Earl of Lothian, and of the Committee, the Marquess
of Argyle and his son the Lord Lorne, taking upon them the sole
administration of Affairs.

His Majesty having stayed here about fifteen days, went to St John’s
Town, [Perth] where he was affectionately received, and, staying there
one night, he passed back to Dumfermling, where he rested two, and
so went to Stirling. By this time Cromwell was entred Scotland, and,
without any opposition, advanced to Musleborough, but six miles from
Edenborough. The Scotish army was drawn between Leith and Edenborough,
having cast a trench before them. The number, at that time, of either
army were equal, each being about 12,000 men, but Cromwell’s, at that
time, in much better order and discipline, for the Scotish army, being
solely governed by the Committee of Estates and Kirk, took especial
care in the levies not to admit any Malignants or Engagers; placing,
for the most part, in command, ministers sons, clerks, and such other
sanctified creatures, who hardly ever saw or heard of any Sword but
that of the Spirit, and with this, their chosen crew, made themselves
sure of Victory.

His Majesty having stayed three nights at Sterling, and Cromwell
drawing nearer to Edenborough, was, by the good will of the general
officers of the army, and the promptness of the Earl of Eglanton (a
little before made Collonel of His Majesty’s Horse Guard,) sent for
by him to come to the Army. This was done against the sense of the
Committee, and it were to have been wished he had not gone, or not
given way so much to them, as when he was there to quit his interest
and return. So, on Monday the 27ᵗʰ of July, His Majesty, attended by
the Duke of Buckingham, the Marquess of Argile, and some few of the
Scotish nobility, with his servants, rode to Leith. Before he went, all
the banished persons were commanded not to go with him to the army.
That evening, His Majesty was received into the army with all the
expressions of joy; and, at that instant, Cromwell drew a strong party
of horse down even to the trench, and caused a party of the Scots,
commanded by Sir James Hacket, to retreat in very great disorder. The
next day a strong party of horse, commanded by Collonel Mountgomery,
son to the Earl of Eglanton, fetching a compass, fell into Cromwell’s
quarters about Musselborough, routed six or eight partys of horse,
forced (as ’tis said) Cromwell, himself, in his drawers, to take
his horse and pass over the river. Lambert was hurt in the action,
and some slain, and ’tis as probable that, if Mountgomery had been
seconded, he might as well have ruined Cromwell’s army as he did after
the Scotish army; but in the retreat, being in disorder, he lost some
men and all his prisoners....

By this time the army was much encreased, many Malignants and Engagers
having gotten into command, His Majesty high in the favour and
affection of the army, which was then more evident by the souldiers
having, in the late action, made an R with chalk, under the Crown, upon
their arms, and generally expressing the goodness of their cause, now
they had the King with them. This startled the Committees both of Kirk
and State, who cried out that the quarrel was changed and the cause of
God neglected; and so divers arguments were used to remove His Majesty
from the army, as the danger of his person, the multitude of people
out of order by reason of his presence, want of provisions; and, ’tis
reported, the Committee declared that, if he would not retire, they
would act no more; and so, much against his will, he was persuaded, on
Friday, the second of August, to pass over the Forth to Dumfermling.

Presently the Committee commanded away all Malignants and Engagers, and
so lessened the Army of three or 4000 of the best men, and displaced
all officers suspected, concluding then they had an army of saints,
and that they could not be beaten, for so their lying prophets daily
told the people out of the pulpit. Besides, the Gentry out of the Mers
and Tividale, who offered to offend Cromwell’s rear, were, on pain of
forfeiture, forbidden to embody themselves, or to attempt anything
on him, but to come away and leave all to his power. And I have been
assured by persons of great honour and integrity, that offers were made
by considerable persons of the Malignant and Engaging Parties, that
they would raise another army, that in case this were beaten, to take
up the quarrel, and, in the interim, to give their wives and children
in hostage; that, if this was victorious, presently to lay down arms,
or, at least, that they might come into the army and have the van
against Cromwell; but neither would be accepted. The prevailing party,
to colour their malice and fear of them, (should they get any power,)
by their instruments, the Ministers, declaring against them, and
terming the sin of malignancy a sin against the Holy Ghost; that it was
better to fight their enemies with a handful of elect and godly people
than with mighty arms, loaden with that sin, which, like Acan’s wedge,
would surely be the cause of their destruction.

About a week after, Cromwell rose hastily in the night, and marched
back; he was as far as Haddington before the Scotish army took notice
of his motion; thence he went to Dunbarr. This occasioned several
reports and conjectures, but none proved true. The Scotish army
followed him, not expecting orders from the Committees.

In the interim, a Guard of two companies of foot, under the command
of the Lord Lorne, Argyle’s son, was, for honour’s sake, appointed to
attend the Court. These are those who, when all the Scots in the north
of Ireland declared to join with the Marquess of Ormond against the
murtherers of the late King, refused and came home to Scotland, where
they are well treated, and put into the Lord of Lorne’s regiment.

Presently after the large Declaration ensuing was either brought his
Majesty by Warriston and Berkley from the State, and Douglas and
Guthery from the Kirk, or else, (if he had it before,) they then
came for his answer. His Majesty, at that time, positively refused
to sign it, and they most peremptorily pressed to have it passed _in
terminis,_ without any variation, how barbarous and unchristian soever
the expressions were therein in relation to the late glorious King.
They staid but one night, and so went away to Edenborough and Sterling,
where, the next day being Sunday, they thundred out against the King,
that they were deceived in him—that he was the very Root of Malignancy,
and an utter enemy to the kingdome of Christ; and the Covenant which he
had taken was only to gain his ends; and that they must take heed of
him and the heathen people about him. Whereupon, on Monday following,
the Kirk published the ensuing Declaration, which was approved by the
Committee of Estates; and, two days after, three or four of the most
zealous of the army, in the name of the rest, exhibited the following
Remonstrance, which failed not of an acceptation. And I am assured
that both the contrivers and approvers of them were not displeased
at his Majesty’s refusal—their ends being thereby to publish their
papers, and so to bring his Majesty into the odium of the people and
the army; whereby they might more safely treat with Cromwell, and give
him assurance of not invading England, (which part of their Resolution
is manifest in all their printed Declarations,) and so (if they kept
the King amongst them until they could find a way to be rid of him) yet
still to assure to themselves the power of Government; for, believe it,
they did then and still do more fear His Majesty’s just authority than
they do the Conquest by Cromwell.


“Westkirk, the 13th day of August, 1650.”[444]

       *       *       *       *       *

In the interim, Cromwell having got provisions by sea, returns to his
old quarters, and, on the 12ᵗʰ of August, marches on the south side of
Edenborough, and encamps on a hill of advantage; his ships likewise
pass up the Forth above Leith. The Scots still keep their quarters, the
Armys being within three miles of each other.

During his stay there, the Committees, by Swinton and Collonel Carr,
sent him their Declaration; and (’tis reported) his answer was that
he would not juggle with them; he came for their King: if they would
deliver him he would treat, otherwise not. But many believe they
were too much of an opinion to have any difference during their
negotiations. His Majesty from Dumfermling sends a letter to the
Assembly to desire to have some of their number sent him, to satisfie
him in point of conscience concerning some parts of the Declaration,
and then he would give them satisfaction. What induced him to do it,
I cannot say, only the Marquess of Argyle and some of the nearest
about him were hourly enforcing the necessity of compliance, and the
danger he was in in case he persisted; and possibly making the dangers
greater than they would have been had he kept his former resolutions.
About four days after, when they had published their papers, been with
Cromwell, and the Chancellour and others had harrangued to the army the
sence of the Kirk and Committee, which wrought not any great effect,
the spirit (though not the body) of malignancy and affection to the
King being still amongst them; the Assembly sent two of their number to
satisfie His Majesty, who, after many disputes, were at length induced
to give way that some expressions, in reference to His late Majesty,
should be varied; so His Majesty, upon Friday the 16ᵗʰ of August,
signed it, and very late that night came to St Johnstons, being lodged
in a house of David Lesley’s, formerly Earl Gowry’s, and wherein the
murther was designed to be acted on King James.

Here following, you may read the Declaration,[445] and by it judge if
they ever meant it for his Majesty’s good, or whether they have gained
or lost by the publishing of it. I am sure many that promised wonders
if it were done, and threatned destruction if not, have since found
they have, both in Honour and interest, been no gainers by it. And
now because it may seem strange to many that His Majesty was induced
to sign it, I conceive myself bound in duty, and for His Majesty’s
vindication, to offer unto them these following considerations:

First, That necessity had brought him into such hands, as not out of
meer loyalty, but for their own interest had seemingly wedded his; and
so he was not in a capacity to oppose them.

Secondly, Most of those in power about him, as well English as others,
passionately persuaded him to it; laying down the Dangers by his
refusal, at the deserting of the army, and probably his own restraint,
and an union with Cromwell.

Thirdly, The Ministers made it a matter of conscience and breach of
Covenant and Treaty.

Fourthly, It is possible great advantages of power and interest were
laid before him to facilitate his compliance; notwithstanding all
which, he many days persisted in his refusal until he had got some
alterations made in reference to his father. So that, considering the
time that it was done in, the importunity that was upon him, and the
ill consequences represented in case of his refusal, with the pretended
advantages on the contrary. I believe it will be found that few Princes
in the like exigent (though of much more years and experience) would
have so long resisted so hard and desperate assaults.

       *       *       *       *       *

_Excerpts from The Secret and true History of the Church of Scotland
from the Restoration to the year 1678, by the Rev. Mr James Kirkton._
[_Mr C. K. Sharpe’s edition_, 1817. p. 47, _et seq._]

The Scots, immediatly upon the news of his [King Charles I.] death,
proclaim his eldest son King, upon the 5th of February 1649, providing
alwayes that he was not to be admitted to the exercise of his
government till he should give satisfaction for religion and peace; nor
could they make warr upon England for their King, till he and they were
at a point, which was not for two years after; but these two years, in
my opinion, were the best two years that Scotland ever saw.

For though alwayes since the Assembly at Glasgow the work of the gospel
hade prospered, judicatories being reformed, godly ministers entered,
and holy constitutions and rules daily brought into the Church; yet
now, after Duke Hamilton’s defeat, and in the interval betwixt the
two Kings, religion advanced the greatest step it hade made for many
years: now the Ministry was notablie purified, the Magistracy altered,
and the people strangly refined. It is true, at this time, hardly the
fifth part of the Lords of Scotland were admitted to sit in Parliament,
but those who did sitt were esteemed truely godly men; so were all
the rest of the commissioners in parliament elected of the most pious
of every corporation. Also, godly men were imployed in all offices,
both civil and military; and about this time the General Assembly,
by sending abroad visitors into the countrey, made almost ane entire
change upon the Ministry in several places of the nation, purgeing out
the scandelous and insufficient, and planting in their place a sort
of godly young men, whose ministry the Lord sealed with ane eminent
blessing of success, as they themselves sealed it with a seal of heavy
sufferings; but so they made full proof of their ministry. Scotland
hath been, even by emulous foreigners, called Philadelphia; and now
she seemed to be in her flower. Every minister was to be tried five
times a year, both for his personal and ministerial behavior; every
congregation was to be visited by the presbyterie that they might see
how the vine flowrished, and how the pomegranate budded. And there
was no case nor question in the meanest family in Scotland, but it
might become the object of the deliberation of the General Assembly,
for the congregational Session’s book was tried by the presbyterie,
the presbyterie’s book by the synod, and the synod’s book by the
General Assembly. Likewayes, as the bands of the Scottish church were
strong, so her beauty was bright: no error was so much as named, the
people were not only sound in the faith, but innocently ignorant of
unsound doctrine; no scandalous person could live, no scandal could
be concealed in all Scotland, so strict a correspondence there was
betwixt ministers and congregations. The General Assembly seemed to be
the priest with Urim and Thumim, and there were not ane 100 persons in
all Scotland to oppose their conclusions; all submitted, all learned,
all prayed, most part were really godly, or at least counterfitted
themselves Jews. Than was Scotland a heap of wheat set about with
lilies, uniform, or a palace of silver beautifully proportioned; and
this seems to me to have been Scotland’s high noon. The only complaint
of prophane people was, that the government was so strict they hade not
liberty enough to sin. I confess I thought at that time, the common
sort of ministers strained too much at the sin which, in these dayes,
was called MALIGNANCIE, (and I should not paint the moon faithfully if
I marked not her spots,) otherwayes I think if church officers could
polish the saints on earth as bright as they are in heaven, it were
their excellencie and the churches happiness. But this season lasted
not long.

  [This poetical historian afterwards makes statements of a similar
  character, referable to a period a few years later; but it may not be
  much out of place to subjoin them here.—P. 52.]

Immediatly upon the king’s landing, Cromwel invaded Scotland, and the
Scottish army levyed for the king being entirely beaten at Dumbar by
the English, division entered both state and church, which is not as
yet even to this day removed. Here the staff of bands was broken. The
cause of this rent was this: After the defeat of Dumbar, the king
required a new army to be levyed, wishing earnestly it might be of
another mettall than that which hade been lossed. So he desired that
sort of people who were called Malignants, his darlings, might be
brought into places of trust both in council and army, though they hade
been secluded from both by their own consent. And this request was
granted both by committees of estates and commission of the church
sitting at Perth. But there was a party in both these councils, which
alleadged confidently, that though the malignants were content to
profess repentance for their former practices, yet they should be found
to be men neither sincere in their professions, nor successfull in
their undertakings. This was the beginning of the fatal schism in the
Scottish Church.

  [P. 54.—After the battle of Worcester, September 3, 1651.]

The King escaped into France, and the English became peaceable masters
of Scotland for nine years following. So, after all the counties of
Scotland hade formally acknowledged the English for their sovereigns,
they appointed magistrates and constitute judicatories to govern the
land for their time. They did indeed proclaim a sort of toleration
to dissenters amongst protestants, but permitted the gospel to have
its course, and presbyteries and synods to continue in the exercise
of their powers, and all the time of their government the work of the
gospel prospered not a little, but mightily. It is also true, that
because they knew the generality of the Scottish ministers were for
the King upon any termes, therefore they did not permit the General
Assembly to sitt, (and in this I believe they did no bad office) for
both the authority of that meetting was denyded by the protesters, and
the Assembly seemed to be more sett upon establishing themselves than
promoving religion: also the division of the church betwixt protesters
and resolvers continued in the church for six or seven years with far
more heat than became, and errors in some places infected some few; yet
were all these losses inconsiderable in regard of the great successe
the word preached hade in sanctifying of the people of the nation. And
I verily believe there were more souls converted to Christ in that
short period of time than in any season since the Reformation, though
of treeple its duration. Nor was there ever greater purity and plenty
of the means of grace than was in their time. Ministers were painfull,
people were diligent; and if a man hade seen one of their solemn
communions, where many congregations mett in great multitudes, some
dozen of ministers used to preach, and the people continued as it were
in a sort of trance (so serious were they in spiritual exercises,) for
three dayes at least, he would have thought it a solemnity unknown to
the rest of the world.

  [In reference to the year of the King’s return, Kirkton thus describes
  the state of the country and Church.—P. 64.]

Now before wee speak of the alteration court influences made upon
the church of Scotland, let us consider in what case it was at this
time. There be in all Scotland some 900 paroches, divided into 68
presbytries, which are again cantond into fourteen synods, out of all
which, by a solemn legation of commissioners from every presbterie,
they used yearly to constitute a national assembly. At the King’s
return every paroche hade a minister, every village hade a school,
every family almost had a Bible, yea, in most of the countrey all
the children of age could read the Scriptures, and were provided of
Bibles, either by the parents or their ministers. Every minister was a
very full professor of the reformed religion, according to the large
confession of faith framed at Westminster by the divines of both
nations. Every minister was obliedged to preach thrice a-week, to
lecture and catechise once, besides other private duties wherein they
abounded, according to their proportion of faithfulness and abilities.
None of them might be scandalous in their conversation or negligent in
their office, so long as a presbterie stood; and among them were many
holy in conversation and eminent in gifts; the dispensation of the
ministry being fallen from the noise of waters and sound of trumpets to
the melody of harpers, which is, alace! the last messe in the banquet;
nor did a minister satisfy himself except his ministry hade the seal
of a divine approbation, as might witness him to be really sent from
God. Indeed, in many places the spirit seemed to be powred out with the
word, both by the multitude of sincere converts, and also by the common
work of reformation upon many who never came the length of a communion;
there were no fewer than sixty aged people, men and women, who went to
school, that even then they might be able to read the Scriptures with
their own eyes. I have lived many years in a paroch where I never heard
ane oath; and you might have ridde many miles before you hade heard
any: Also, you could not for a great part of the countrey have lodged
in a family where the Lord was not worshipped by reading, singing, and
publick prayer....

Now, in the midst of this deep tranquility, as soon as the certainty
of the king’s return arrived in Scotland, I believe there was never
accident in the world altered the disposition of a people more than
that did the Scottish nation. Sober men observed, it not only inebriat
but really intoxicate, and made people not only drunk but frantick;
men did not think they could handsomely express their joy, except they
turned brutes for debauch, rebels and pugeants; yea, many a sober
man was tempted to exceed, lest he should be condemned as unnatural,
disloyal, and insensible.

  [The passages which we have thus quoted are often alluded to as
  affording evidence that the period in our church history to which
  they refer was the golden age of the Kirk. Without questioning the
  honesty of Kirkton, or without interfering with the right which other
  people have to judge for themselves in weighing the evidence afforded
  from many sources, we must say that Kirkton’s account of matters
  appears to be, in its leading points, an enthusiastic fable. There
  is in every ecclesiastical record of the time, the most redundant
  and revolting proof that, instead of the unspotted morality on
  which he discants, enormities of every sort prevailed to a great
  extent—and such records are unimpeachable evidence. With regard to
  the alleged extent of intelligence, education, &c., the following
  brief passage from the record of the Presbytery of Perth, (March 28,
  1649,) is quite conclusive:—“List of the Families wherein _some of
  them_ can read within the parishes following—viz., Scone, 25; Drone,
  36; Dumbarny, 55; Sᵗ Madoes, 9; Rund, 25; Kinnoul, 18; Sᵗ Martins,
  13; Ragarton, 9; Arngask, 16; Abernethy 100.” We now proceed to give
  a detailed account of the Assembly at St Andrew’s in 1651, when
  Scotland was subjected to the double distraction of a violent schism
  in the Church, and a war in the field, betwixt the Scotch and the
  invading army of Cromwell.]


1651.

_Proceedings of the General Assembly which met at St Andrews and Dundee
in July 1651._[446]


[Session 1, July 16.]

Preached in the fornoon Mr And. Cant; his text Heb. 12, 12, &c., and
spoke generally against the publick proceedings: and in the afternoon,
Mr Rob. Douglasse, his text Ps. 102, 6; and in the close of his sermon
contradicted the former sermon.

After qᶜʰ, the members of the Assembly repaired to the Assembly House,
and after the King’s Commissioner (my Lord Balcarras) and all wer sitt
down in the house, prayer was made by Mr And. Cant, former Moderator;
after qᶜʰ the Commissions wer given in. Ther wer double Elections given
in of Commissioners from Glasgow, Stirling, and Dunkell, qᶜʰ wer waved
till the Assembly should be constitute.

Mr Ja. Guthry made exception against the ruling Elders that wer chosen
Comissioners from Churnside and Dunse, alledging they wer upon the
Engagment, and according to ane act of the General Assembly ’49, they
could not be Members; also affirming the Presbitry of Churnside to be
but 3 or 4 in number, and therfor could not chose Commissioners; but
that was laid by untill the Constitution of the Assembly.

After all the Commissions wer given in, quhen they wer about the
constitution of the Assembly and election of a Moderator,

Mr John Menzies immediatly arose and said he had somquhat to propound,
quhich was for noe intention but disburden his conscience, and it was
that the Members of the Comission of the Kirke could not be admitted to
sit in the Assembly, in regard their proceedings had been scandalouse,
and that it was a rule that noe scandalouse persons should sit or have
place in ecclesiasticall judicatorys.

Mr Douglasse did rise, and replyed, that they hoped their cariage
should appear to be right, and noe wise scandalouse.

Immediately there arose a great number on both sides, with a great heat
and fury—Mr Menzies insisting on his former motion.

Mr Ja. Guthry, backing him, said, that these persons behoved to be
scandalouse who had led the Kirk and Kingdome to a course of defection,
and told he had noe better termes to expresse their proceedings by.

Mr Pat. Gillespy, Mr John Hamiltoun, and some others, did back this
motion.

To this motion replyed Mr Blair, saying he saw the seasonable
admonitions given in the preceeding sermons, to meekness, peace, and
unity, made noe use of by those who propounded the former motion; but
that Mr Menzies’ and Mr Guthry’s speaches wer feirce and bitter.

They replyed that their motion was for the exoneration of their
conscience: likewise Mr Ja. Wood, Mr D. Dickson, Mr Bailay, Mr Ramsey,
the King’s Commissioner, with some others, replyed to Mr Menzies’ and
Guthry’s motion, saying that nothing could be said in that or any other
bussiness untill ther should be a constitute Assembly to be judge.

The contrary party said that the report of a scandal was enough to
debarr any to sitt in a Kirk Judicatory quhille once they wer freed
judicially of a scandall.

Mr Douglasse replyed, that they could not be debarred till judicially
they wer found scandalouse, quhich could not be till the Assembly wer
once constatute, and did examine their proceedings; and said, that upon
that ground the other party should not be admitted, in regard they wer
more hurtfull to the work, and scandalouse, by their opposing the safty
of religion, King, and Kingdome, then the Commission of the Kirk had
been.

After this Mr Sam. Rutherford offered a paper to this purpose, against
the constitution of the Assembly, but, with much difficulty and long
debate, it was laid aside; for the drift of the motion and paper, by
confession, was to hinder a Generall Assembly, to hold quhich was
thought very dangerouse.

Mr And. Cant and some proponed a conference to take away the former
heat and division; but it was replyed, that that could not be untill
the Assembly should be constitute; for they being a confused multitude,
and noe judicatory, they could not appoint a Committy for that purpose.

They went to chuse a Moderator; and the old Moderator named Mr Blair,
and Mr Wᵐ Rait. Besides, the Assembly added Mr Douglasse, Mr Ja.
Hamiltoun, Mr And. Cant, Mr Jo. Hamilton, Mr Dickson, by the naming any
three of these as the Members thought fitt.

Mr Jo. Hamilton said, quhen it came to his voice for the naming of some
to be in the list to be Moderator, that he would name them with this
verbal protestation that his naming of them should not be prejudiciall
to the exceptions they had to give in against the constitution of this
Assembly; to quhich protestation and way of naming the list adhered Mr
Jo. Menzies, the Presbitry of Pasley, with some others.

All this being done, the voice passing betwixt Mr Douglasse and Mr
Blair, Mr Douglasse, by plurality of voices, was chosen Moderator, and
this closed the first session.


Sess. 2ᵈ—July 17.—10 hours.

The Lord Commissioner presented a letter from the King, excusing his
absence, entreating them to study unity, to censure these who wer
contrary to the publick resolutions; and to that purpose the Lord
Commissioner had a speech; after quhich

Mr Dickson propounded a motion for conference, quhich they promised
to take into consideration after the appointment of the several
comittys,—viz., one for examination of the Commissions proceedings—one
for overtures and bills—one for contraverted Commissions—one for
appeals, references, and reports—one for the synod books; all these to
meet at 2 hours in the afternoon.

After all quhich, they fell again upon the motion of appointing a
conference with unsatisfyed bretheren; qʳupon

Mr John Smith said, that a conference could not weel be while once the
examination of the Commissions wer seen.

Mr Douglasse replyed, that for all that there might be ane amicable
conference, without any prejudice.

Upon this motion there was a long debate by Mr Jo. Smith on the one
hand, and several others on the other.

My Lord Comissioner backed Smith’s motion, saying it was derogatory
from the authority of the Assembly to appoint conferences about ane
undetermined bussiness, but desired the proceedings of the Commission
might be examined and tryed, and then a conference with parties on
either hand, whilk should not be satisfied with the Assembly’s mind of
the Commission’s proceedings.

It was replied by Mr Wood, Mr Dickson, and Mr Blair, that there might
be a conference about the meating of men’s minds and affections, and
about other things besyde the procedure of the Commission.


Sess. 3ᵈ.

A Bill from Mr James Hamiltoun, craving money from the severall
Presbitrys that have not payed for the Ministers’ Regiment of Horse, he
having depursed 10,000 merks and not payed. It was referred to be more
particularly examined by the Committy of Bills.

There being a Letter sent from my Lord Waristone, Register, to the
Assembly, there fell a hote debate whether it should be read, and it
was delayed to a more convenient time.

There was ane appointment of writting a Letter from the Assembly to the
King and Army for encouragment, and these Letters to be drawen by Mr
Ja. Wood and Mr Jo. Hamiltoun. As for the Answer to the King’s Letter,
because it had many particulars in it, it was deferred till further
consideration.

Because of the desolation of Orkney, a visitation was appointed to goe
ther and visite Orkney and Caithness.


Sess. 4ᵗʰ.

The Assembly fell on the controverted Commissions. The first was
concerning Blaketer, the ruling Elder of Churnside, quhich bred much
debate; some alledging him to be included under the Act of Assembly
because of his accession to the Engagement—others saying the contrary:
soe in regard of the unclearness of the bussiness it was referred to a
Comitty.

Then came in the contraverted election from Glasgow. The Election of
the Commissioners was Mr Pat. Gillespy, Mr Heugh Binning, Mr Carstairs,
Geo. Porterfeild: The 2ᵈ Election of Commissioners was Mr Ro. Ramsey
and Mr Geo. Young, and these opposed the election of the former before
the Assembly, shewing they had given in 2 protestations against the
first election: one against the formality of the election, because it
was on a suddain without premonition; a 2ᵈ protestation against the
persons—one excepted, viz. Mr Carstaires. The accusation against the
persons did run upon their opposition to the Publick Resolutions of
the Kirk and State, and about the Remonstrance, branched out in very
many reasons; and after much debate whether they should fall upon the
relevancy or not relevancy of these reasons given in against Mr P. G.,
0. M., H. B., it was concluded that discussing these reasons should be
delayed untill the Assembly should have examined the proceedings of the
Commission of the Kirk; and quhen all the Commissioners of the several
elections wer called in, Mr P. G. said that these reasons could not be
heard by the Assembly—1. Because the most of them wer emergents since
their election; 2ˡʸ Because the reasons wer materially a libell, quhilk
first should have been presented and prosecute before the Presbitry,
before they had come to the Assembly. But all was deferred till the
Books of the Commission should be examined.


Sess. 5ᵗʰ.

This Sess. was spent all upon particular Bills.


Seas. 6ᵗʰ.

This Sess. did hold at 12 hours at night, the Lord’s day, upon the
alarme of the routing of our party in Fyfe; and then the Assembly was
adjourned to Dundie; and there to sit down on Teusday at two afternoon.

At this Session, Mr Rutherford gave in a protestation against the
lawfulness of the Assembly, conteaning the reasons thereof in name of
the Kirk of Scotland, subscribed with 22 hands, and desired it might
be read; but it was delayed to be read, and all that subscribed the
remonstrance, with some others, went away.


Sess. 7ᵗʰ. At Dundie, July 22.

First, the roll of all the members was called; and, beside these who
protested, there wer many absent—towards the one half. After citation
of the Catalogue, the Moderator declared, that, after their adjourning
of the Assembly last Session at St Andrews, a protestation was given
in; and [in] regard then it could not be read, he asked if there wer any
now to present that paper?

It was answered, that none of the subscribers wer present; but one Mr
Oliver Coult said, that he had found that paper quhilk was called the
Protestation, and that he would give it in, but that he did not adhere
to it, and desired it to be marked. After this, the Protestation was
read, and did tend to this—That they declared and protested, in the
name of the Kirk of Scotland, and all the members thereof quhich would
adhere to that Protestation, against the lawfull constitution of this
Assembly—1. Because it was a prelimited Assembly, in regard the free
votes for choosing Comissioners was hindred by the Commission of the
Kirk’s Letter to the severall Presbitries, desiring them to cite all
unsatisfied men to the Assembly, if, after conference, they were not
satisfyed; _2ly_, Because of the King’s Letter, overawing the Assembly;
_3ly_, Because of the Commissioner’s speech, tending to the prelimiting
of the members of the Assembly; _4ly_, Because that the members
of the preceeding Commission of the Assembly wer members of this,
quhilk should not be, in regard the Commission had led to a course of
defection; and therefor they protested against all that should be done
by that Generall Assembly or their Commission. This Protestation was
subscribed with 22 hands, and licence to add moe subscribers, and moe
reasons, as they saw fitt.

After the reading of the Protestation, all their names wer called at
the kirk dore, and none compeared.

Then the Moderator publickly enquired, if there wer any moe that would
adhere unto them, and own that Protestation? quhilk was presently
interrupted by another motion; but shortly after,

Mr W. Jameson desired the Moderator, that he might propone quhat
formerly he had said—viz., to enquire if there wer any that would own
the former Protestation. But the Moderator, upon his second thoughts,
would not hear of it, I know not on what ground.

Quhen this was over, the Commissioner had a speech to this
purpose:—That that Protestation was very derogatory to the freedome,
liberty, and honnour of the Generall Assembly; and, if it wer
requisite, that the King’s authority should be interposed against
these men for the vindication of the Assembly’s honnour, to quhich he
and all was tyed by Covenant, he promised that should not be wanting.

The Moderator replyed, desiring him to cease; for they should deal with
them ecclesiastically, according to the freedome of the Assembly.

This was by way of nipp to the Commissioner; yet he desired to speak
his mind, quhich he proceeded in to the former purpose. Nixt the
Moderator enquired Mr Dickson’s mind how the Assembly should proceed
in this weighty bussiness. He answered, that the bussiness was of the
highest concern that ever came before ane Assembly; and that hitherto
the Lord had preserved the liberty and freedome of this Kirk intire;
and that this Protestation stroke at the root of the freedome of the
Assembly. He desired that all would be diligent to deal with God in
this bussiness; and least unripe thoughts should be vented anent that
Protestation, that it might be referred to a committy to think upon.

Nixt Mr James Wood, being interrogate his mind as to the former
bussiness, spoke thus: that he was much weighted and afflicted with
that bussiness and the timing of it, and desired it might be referred
to a Committy.

Nixt Mr W. Jameson said, In respect they wer declinators of the
Assembly, he desired the act anent such as declined the Assembly might
be read; and it being read, ordeaned such as declined and protested
against the Assembly to be summarly excomunicate.

Nixt spoke Mr Ja. Hamiltoun, and propounded they might be cited to
compear befor the Assembly or their Commission, and that a distinction
might be made amongst the Subscribers, in regard some wer headstrong
and cheife hands in the remonstrance and opposing the Publick
Resolutions, and drawing aside of others, and writing agˢᵗ the Publick
Resolutions, and others lesse active. 3, In regard that these men would
be labouring to draw severall aside to their way, both ministers and
others; therfor he said it would be fitt that Letters wer written to
the severall Presbitrys shewing the evil of their way, and vindicating
the present Assembly. Some others said, that in reference to the first
thing that Mr Hamiltoun had said, they thought it enough that the
most eminent in the fault might be cited. Others replyed, that it wer
fittest all should be cited, and then to let the Assembly make the
difference of evry man’s guilt. Some others said, that that quhich was
lurking, viz. separation, had now appeared; and the Moderator blessed
God that he had deciphered these men.

The Commissioner said they might be censured uncited.

My Lord Humby replyed, that men could not be condemned unheard; but I
conceive this was not out of any affection to them or their cause, but
only for legality’s sake.

Mr Jo. Smith spoke much agˢᵗ them, with great profession of high esteem
of the Persons.

Soe, after much discourse, it was referred to be considered upon by
the Committy for publick affairs; but upon this there rose a debate
in regard some of the Protesters were members of that Committy, and
therfor could not sit as Judges in their own matters. Some would have
had a new Committy for that purpose; others said the former Committy
might serve:—_1st_, Because that such members of that Committy as
wer Protesters wer not present; _2ly_, Though they wer present, they
could not sit, seeing they had declined the Assembly; and soe it was
concluded that this bussiness should be referred to that Committy.
After this the severall Committies wer appointed immediatly to meet,
and this Session concluded.


Sess. 8.—July 23.

A Letter came from 7 Members quhich had left the Assembly and mett at
Perth, and sent back a Letter to this purpose; that though they did
not protest agˢᵗ the constitution of the Assembly, yet they protested
that the Assembly should not approve the proceedings of the former
Commission, and desired this to be marked. The subscribers of it wer
Mr Ja. Donaldson, Wᵐ Brown, members of the Presbitry of Biggar; Mr
Alexʳ Dunlope, Mr Mab, Ministers in the Presbitry of Pasley; Mr Jo.
Hamiltoun, Mr Wᵐ Simmervell. Another Letter came from Mr Ja. Naismith,
Mr Tho. Charters, Commissioners for Hamiltoun Presbitry, shewing that,
in respect of the motion of the enimie, they could not be present, and
that they did adhere to the Protestation, and desired that to be taken
as their subscription and keept in record. A Letter came from Mr Jo.
Carstairs, shewing 1. that he protested agˢᵗ the approbation of the
former Commission: _2ly_, That he protested for liberty to adhere to
the former protestation, if soe be he got further light than he hath;
and that there wer many members there quho in former times durst not
mutter.

Upon Mr Carstaires’ Letter, there arose a debate; for

My Lord Angus said—If men had liberty quhen they pleased to adhere to
the Protestation, that would be ane ill preparative, in regard enow
would ly by untill they saw how things would goe, and if things went
the enimies’ way, then possibly enow would protest quho otherwise would
not.

Mr D. Dickson spoke much to Mr Carstaires’ commendation, and shewed how
he disputed against the Protestation.

Mr Jo. Smith said he saw noe other thing by Mr Carstaires’ Letter but
that he adhered to the Protestation; and he being contradicted by the
Moderator, all the 3 Letters wer committed.

After this the Committy of Appeals made some reports of quhat they
had done, and, among other Appeals, they made report of Adam Stewarts
appeal against the Synod of Argyle, concerning Mr Pat. Steuart,
Minister of Rasa in Bute. The Synod Book and Mr Pat. not being present,
they referred the tryall of the bussiness to the Presbitry of Irivine,
and with them joined the Commissioners of Air and Dumbartan, and that
their diet be the 3d Wednsday of August.

After this the Protestation was publickly read, and the grounds of ane
answer, drawen up by the Committy, was publickly read. And quhen it was
read,

Mr Douglasse said, that beside all that was said in answer to the
Protestation, he thought it noe hard matter to evince the Protestation
to be the highest breach of all the articles of the Covenant that ever
was since the work of reformation began.

After this they fell on a debate, whether or not they should presently
take the Protestation in consideration, or deferr it till the
consideration of the procedure of the Commission?

Mr Dickson pleaded that it should be presently taken into
consideration, for it was a declinator of the Assembly. Others would
have had the Commission approven; soe it passed in the Assembly [that]
that paper was a declinator.

After, the Lord Commissioner and Mr W. Jamison said, that seeing
there was ane Act of the Assembly ’38 relating to former Acts, that
declinators should be summarly excommunicat, and he understood not how
the Assembly could passe by that Act and the former practise.

The Moderator, Mr Ja. Wood, and Mr D. Dickson, said, that they might
modifie and molify their own act—yea, repeal it, if need wer.

The Lord Commissioner said, they might repeal the act; but seeing the
Act was standing, he saw not how it could be passed by.

The Moderator answered, that they knew quhat to doe with their own
Acts, (this was by way of a nipp;) and they quho could repeall the Acts
could modify the execution of the Acts, and yet not repeal the same.

The Commissioner said also, that the Protestation was reflecting on
King and Parliament, as weel as upon the Assembly, and desired that to
be taken heed to. So that it was the drift of the discourse of many to
have some of them at least summarly excommunicat; but observe that we
could not see that act for summar excommunication; only there was ane
act Assembly ’38, that the Bishop of Edinʳ, in regard he had declined
the Assembly, should be excommunicat summarly, according to former Acts
of Assemblies, quhich they said wer among the registers of the Kirk.

The Moderator proponed that the matter of censure was not the present
question; but he revived the former motion, whether all or only some of
them should be cited? And he said that the Committy thought fitt that
3 should be cited. Mr Ja. Guthry, Mr P. Gillespy, Mr Ja. Simson. But
others said ther wer others that wer cheife actors in that wickedness
quho should also be cited, viz. Mr Ja. Naismith, Mr Jo. Menzies; and
some opposed this, soe that it run to a vote, whither all these 5 or
not should be cited? It carried that all the 5 should be cited; only
there wer some quho thought that they should have been more amicably
dealt with in regard these men walked upon point of conscience;
therefore these few, viz., Mr Jo. Dickson, Mr Robᵗ Fergison, Mr Ja.
Nisbit, Mr Alexʳ Gordon, (the author,) Mr Charles Archbald, Mr Alexʳ
Smith, Capt. Robᵗ MᶜClellan, and noe others of all the members of the
Assembly voted that they wer not clear for the citation of any of the
members at all, quhich was very strangely looked on by the most present.

Speaking of Mr Ja. Naismith, whether he should be cited, Eng. Pittillo
answered, Mr Ja. Naismith had been active in drawing aside the
Presbitry of Dunkeld.

Mr Tho. Lundy answered, that these Ministers of Dunkeld wer
dissatisfyed upon other grounds, even upon the point of conscience,
and not upon the relation of affinity that Mr Naismith had to these
unsatisfyed bretheren. This being passed, the day of their compearance
was appointed the last day of July, before the Assembly. A fast was
appointed to be keept by the Members of the Assembly the following
Lord’s day.


Sess. 9.—July 24.

There came a Letter from the Commissioners of Stranrauer excusing their
absence, and shewing that they assented to the publick resolutions.
The Moderator proposed that, seing the examination of the procedure
of the Commission was ready, the Assembly would fall upon that, and
desired that evry man might have full liberty to speak his mind and not
be derided and mocked, quhich was a thing too much in custome; for he
remarked a passage in Mr Carstairs’ Letter, supposing that there wer
men that sate in this Assembly quhich in former times durst not mutter,
quhich, said he, doth evidently declare the insolence and dominering of
these men. But he desired that the Assembly might doe otherwise, and
even though possibly the reasons of opposers were to small purpose, yet
that they might be patiently heard. After that the Moderator proponed,
that seeing they were to fall upon the examination of the proceedings
of the Commission, that they would chuse a new Moderator; and it was
ordered that every one should name one as they pleased; soe it fell on
Mr R. Baily—after quhich all the members of the precedent Commission
wer removed and their power and authority read.

Mr Jo. MᶜGill was chosen clerk. Soe the present Moderator called for
the Moderator of the Committy for making their report concerning the
procedure of the Commission, and he gave them ane ample testimony of
honesty, care, and fidelity; but in regard there wer some particulars
quherein the Committy did more fully debate, they now represent them;
and 1. Anent the Westland Remonstrance the Committy thought they did
rightly and wisely; _2ly_, Anent the first querie, that they answered
rightly and wisely; _3ly_, Anent the Answer to the King’s Letter they
did rightly; 4, Anent the Answer to the bretheren of Stirling they did
wisely; 5, Anent the Commissioners Letter to Presbytrys and their act
for citing of unsatisfyed bretheren they did rightly and wisely; 6,
Anent their Answer concerning the repealing the Act of Classes, that
they did wisely and rightly, only the Act the 13 of August about the
stating of the question, quhereupon the shouldiers should fight, that
the Committy was not clear enough.

Then the present Modʳ asked a number of the members concerning
their whole opinion of the whole procedure of the Commission; soe
all that wer asked being many, and the most considerable members
sitting answered, they were satisfyed with the whole procedure of
the Commission; only some of them said they wer not clear concerning
the act of Agust 13; and the most of all said the Commission of the
Kirk wer censurable in regard of their too much lenity in reference
to the persons who had opposed the publick resolution. Only among all
the Members of the Assembly, Mr Jo. Dickson, Mr Rob. Fergison, Mr Ja.
Nisbet, Mr Alexʳ Gordon, Mr Thomas Lundy, being asked of their opinion
anent the Publick Resolutions, declared themselves unsatisfyed in
taking men into places of power and trust, contrary to the Covenant
and solemn engagment. And Mr Tho. Lundy being the first of the former
5 that was interrogate of his opinion, propounded his objections in
the name of the rest very acuratly; especially he urged ane argument
from the Engagment, viz., how we could acknowledge it a sin to put
malignants in places of trust in armys, and promise, in the obligatory
part, not to doe the like again?—how these, by the Publick Resolutions,
are reconciled? _2ly_, How the Commissioners Act for excomunication
of these who rose last in the north untill the Assemblie could be
compensate with to be violate and the act not stand? _3ly_, He objected
that that word in the querie “notoriously scandalouse” was contrary
to that of the engagement, viz., of knowen integrity; and this he
confirmed by the first of the three objections: but the truth is, noe
satisfactory answer was given. And the rest of this bussiness was
referred to the afternoon. But here mark, that the Moderator of the
Committy gave the opinion of the Committy for approbation of all
before one man’s opinion in the Assembly was sought, quhich, in such
debatable matters, might seem to be a prelimitation of the Assembly.


Sess. 10.—July 24.

It being propounded that all papers might be read, the Westland
Remonstrance was read with the Commissions sence thereupon. In the
midst of the reading of the Remonstrance came in Mr Ja. Wood, and
desyred, that seeing he heard ther was a brother, viz., Mr Thomas
Lundy, quhich proponed some objections in the forenoon quhich he heard,
according to the propounders opinion wer not sufficiently answered,
that again they might be proponed.

The Moderator desired him to remove untill the present bussiness was
done, and then he and others in the Commission should be called upon;
soe, after the reading of the Remonstrance with the Commissions sence
thereupon, Mr Ja. Wood, Mr Douglasse, Mr Dickson, was called in upon,
and Mr Tho. Lundy was desired to propone his former objections, to the
quhich he replyed modestly, that he was not fitt to debeat with such
able men, grave men, befor such a judicatory; yet, least he should seem
to refuse satisfaction, he would propone, and the former 3 answered;
but the strenth of their answer did run to the point of necessity, but
that was not satisfactory to the former. After long dispute, Mr Tho.
objecting, and these answering, the debate ceased.

After this, Mr Robᵗ Fergison proponed ane objection to this purpose;
that the Commission of the Kirk had not stood for the libertys of the
same, in regard they did not bear testimony agˢᵗ the Estates confining
the Ministers of Stirling for supposed error in doctrine, ther being
noe precedent judgment of the Kirk condemning their doctrine.

Mr Douglasse answered, that they wer not confyned by the State, but
only amicably desired to stay at Perth till the King’s return, he being
gone to Aberdeen.

After this, the present Moderator proponed if there wer any more that
had any scruple to propone. Mr Murdoch, Mr MᶜKenny, and Mr Dav. Forret,
said Mr Alexʳ Gordon was unsatisfyed in some parts, quhich he declared
befor noon, and desired him to propone them.

Mr Alexʳ answered he would doe quhat he had engaged, to propone them
in a more privat way to the Members of some of the Commission quhom he
thought most able for answering.

After this, the Moderator proponed that they might fall upon the Act of
the 13 of Agust, seeing there was noe more to doe anent the report of
the Committy anent the Commissions proceedure.

The King’s Commissioner said, that in regard that act did nearly
concern the King, he proponed that the Assembly might vote the
approbation of all the rest of the procedure of the Commission, and
leave that untill he should speak with some of the Members of the
Commission in privat. This did breed much debate, for some would
have had the King’s Commissioners desire, it being soe reasonable,
granted; others objected that there was noe such preparative for the
division of the approbation of the Commission Books, soe, after much
debate, they did strick this midst in it, that presently the Lord
Commissioner should goe apart and speak with some of the Members of
the Assembly, and they in private agreed upon a sense that Act should
have in all tymes coming, quhich the Assembly agreed unto; after
quhich the Moderator proponed the voicing of the whole procedure
of the Commission. The question was stated, Approve or not? Soe the
whole Assembly voiced approbation of all and evry part of quhat the
Commission had done, with the largest commendation that ever any
Commission gote—except these 7 following, who votted, not approve, viz.
Mrs Tho. Lundy, Jo. Dickson, Ro. Fergison, Ja. Nisbit, Alexʳ Smith,
Alexʳ Bartrim, Alexʳ Gordon.

After this, the Moderator [Douglasse] took his chaire, and they read the
causes of their fast. The main wer the insolent attempt done upon the
Commission; _2ly_, The defeat of our party. And then this Session ended.

The nixt morning they fell on the contraverted Commissions, and soe
they concluded that the election of Commissioners for Glasgow and
Stirling that remained should be susteaned, and the other election, who
deserted, should be rejected.

A little after, the enimy marching towards St Johnstoun, by quhich
way to have access to Dundee quhere the Assembly was conveened, the
Assembly arose and dispersed themselves the best way they could
for escaping the enimie and their own safty; yet some of them,
notwithstanding, did fall into the enemies hands as Mr Rob. Douglass,
Moderator, and some others.

  _This account was wrote by Mr Alex. Gordon, the only surviving member
  of this Assembly, and taken of his originall MSS. wrote during the
  Assembly, transcribed and collated Jan. 12, 1703, by_

  R. WODROW.

       *       *       *       *       *

1651.

  _Acts of the Assembly 1651, and other Documents, extracted from the
  Controversial Pamphlets of the Time, but never recognised or printed
  among the Acts of the Church since the Revolution._[447]


No. I.

  _Unto the Moderator and Brethren Assembled at St Andrews, The humble
  Representation and Desire of the Ministers of the Gospel, under
  subscribed._

Amongst the many sad tokens of the Lords indignation and wrath against
this Church, the present unhappy differrences of His Servants of the
Ministry is looked upon by Us, and We beleeve by all the Godly of the
Land, as one of the greatest: And as We hold it a Duty lying upon Us
to be deeply humbled before the Lord in the sence thereof, and in our
Stations and Callings to endeavor, by all lawful and fair means, the
remedy and removal of the same; so we acknowledge a free Gen. Assembly,
lawfully called, and rightly constitute, and meeting together in the
Spirit of the Lord Jesus Christ, and proceeding with Meekness and Love
according to the Rule of His Word, and Constitutions of this Church,
to be amongst the first and most effectual Remedies appointed of God,
for attaining of these ends. Therefore considering that the Election
of Commissioners for the Assembly hath been in many places limited
and prejudiced in the due liberty and freedom thereof, by the Letter
and Act of the Commission of the last Gen. Assembly, to Presbyteries
appointing such as remain unsatisfied with, and bear testimony against
the Publick Resolutions, to be cited to the General Assembly; which
upon the matter, hath in many Presbyteries really obstructed the
Electing of such, though otherwise men of approven abilities, and
constant faithfulness and zeal for the Work of Reformation since the
begining thereof: and that many Elections are questionable, some as
containing persons not in a capacity to be chosen by the Acts of this
Church, and some as not being made in a due order and right way; and
that many Commissioners of Presbyteries and Burroughs are absent, some
of them wanting free access, by reason of the English lying in the
Country, and some upon other impediments and occasions; And remembring
that such Reasons have formerly had weight in point of Discussion
of the validity of some Assemblies, and may still be looked upon as
important and weighty, by these who may happen not to be satisfied
in their consciences with your proceedings. We did with all humble
earnestness, and in the bowels of the Lord Jesus Christ, desire and
beseech you for Truth and Peace sake; and that further mistakes and
divisions may not be increased unto the prejudice of the Lords Work,
and rejoycing of Enemies, and sadding the hearts of His People, That
the Diet of the Gen. Assembly may, by the common consent and advice of
the Brethren now met together, be adjourned for some competent time;
and that by the same mutual advice and consent it may be declared, That
the Letter and Act of the Commission ought not to be any prejudice to
these who remain unsatisfied with the Publick Resolutions, why they
may not be chosen Commissioners to the General Assembly; And that
such Presbyteries as shall think fit, may make their Elections of new
again, especially these Presbyteries whose Elections of Commissioners
are questionable, to whom we desire it earnestly to be recomended,
that they would in an unanimous way make choice of men of approven
abilities and integrity, and against whom there can be no exception by
the Acts and Constitutions of this Church. And in the last place, We
do humbly represent and desire, that in the interval of time betwixt
this and the Dyet, to which the Assembly shall be adjourned, there may
be a Solemn Publick Humiliation throughout the Land, wherein God may
be intreated to shew us why He contends with us, and to give light and
clearing on all hands concerning the present differences of judgment,
and distempers of spirit that are amongst us, that we may be of one
mind, and one heart, for the carrying on of the Work of God amongst His
People; And Your Wisdoms Answer.

  _Subscribed by sundry Ministers of the Gospel._

       *       *       *       *       *

No. II.

_Protestation against the Lawfulness of the Assembly._

St Andrews, July 18, 1651.

How gracious the Lord hath been to the Church of Scotland, in giving
to her pure Ordinances, we trust shall be acknowledged by us whilest
we live, with thankfulness to the Most High, of whom we desire mercy
and grace to adhere unto the Doctrine, Worship, Discipline, and
Government established in this Land: Amongst the many sad tokens of
the Lords Indignation against this Church, The present Differences
of His Servants of the Ministry is looked upon by us as one of the
greatest: And as we hold it a duty to be deeply humbled before the
Lord in the sence thereof, and by all lawful and fair means within
the compass of our power and station to endeavor the remedy thereof;
so we do acknowledge a free General Assembly, lawfully called, and
rightly constituted, and proceeding with meekness and love in the
Spirit of the Lord Jesus Christ, according to the Rule of the Word,
and the Acts and Constitutions of this Church, to be amongst the
first and most effectual means appointed of God, for attaining this
end, and for preserving the purity, and advancing the power of the
Work of Reformation in this Age, and transmitting the same to our
Posterity, and to the Ages and Generations that are to come. But as
the faithful Servants of God in this Church in former times, did
by His good Hand upon them in the right administration of free and
lawful Assemblies, bring the Work of Reformation in Scotland unto a
great perfection, and neer conformity with the first pattern: So,
unfaithful men minding their own things more then the things of Christ,
and usurping over their Brethren and over the Lords Inheritance, did
deface the beauty thereof, first by encroaching upon the liberty
and freedom of Assemblies; afterwards by taking away the Assembly
themselves. Therfore, remembring the many bonds and obligations that
lie upon us before the Lord, and being desirous to be found faithful
in this day of temptation, and to exoner our consciences as in His
sight, and to avoid accession to that guiltiness in which many have
involved themselves, and conceiving that this present Meeting is not
a free lawful Gen. Assembly of the Church of Scotland, in regard that
the Election of Commissioners to the same hath been pre-limited and
prejudiced in the due liberty and freedom thereof, by a Letter and Act
of the Commissioners of the last Gen. Assembly sent to Presbyteries
appointing such Brethren as, after conference, remain unsatisfied with
and continue to oppose the Publick Resolutions, to be cited to the
General Assembly; And in regard that Commissioners from many Burroughs
and Presbytries are absent, as wanting free access, by reason of the
motion of the——; and in regard that many of the Commissioners of the
former Assembly, who have carried on a course of defection, contrary
to the trust committed to them; and who in their Remonstrances and
Papers have stirred up the Civil Magistrate against such who are
unsatisfied in their consciences with their proceedings, and who have
by their Letter and Act prelimited the Assembly, are admitted to sit
and vote as Members of the Assembly, and their Moderator appointed to
be Moderator of the Assembly, notwithstanding that timous exception
was made against them, that they ought not to be admitted as Members
of the Assembly, until their proceedings were first tried and approven
by the Assembly; And in regard that his Majesty by his Letter, and his
Majesties Commissioner by his Speech to the Assembly hath incited to
hard courses against those who are unsatisfied in their consciences
with the proceedings of the Commission, before these proceedings be
tried and approven by the Assembly it self. We do upon these and
many other important grounds and Reasons to be propounded and given
in, in time and place convenient, protest in the name of the Church
of Scotland, and in our own Names and in the Name of all Ministers,
Ruling-Elders and Professors of this Church, who do or shall adhere
to us against the validity and Constitution of this Assembly, as not
being free and lawful, and that they may not arrogat nor assume to
themselves any authority, nor exercise any power or jurisdiction for
determining of Controversies, making of Acts, emitting of Declarations,
judging of Protestations or Appeals, or proceedings of Synods or
inferior Judicatures, or censuring of Persons or Papers, or issuing
of Commissions of whatsoever sort, to any persons whatsoever; and
particularly we protest, that they may not proceed unto the approving
or ratifying of the proceedings of the former Commission, not only
because of their want of just power and authority so to do, but also
because these proceedings contain many things contrary to the trust
committed to these Commissioners, especially the allowing and carrying
on of a conjunction with the Malignant Party, and bringing them in
to places of Power and Trust in the Army, and in the Judicatures,
contrary to the Word of God, the Solemn League and Covenant, the Solemn
Confession of Sins and Engagement to Duties, the constant tenour of
the Declarations, Warnings, Remonstrances, Causes of Humiliations,
Letters, Supplications, and Acts, and Constitutions of this Church,
and the laying of a Foundation for the Civil Magistrate to meddle with
Ministers in those things which concern their Doctrin and the exercise
of Ministerial Duties before they be cited, tried, and censured
by the Judicatories of the Church. And we protest that whatsoever
Determinations, Acts, Ratifications, Declarations, Sentences, Censures,
or Commissions that shall be made, or given out by them, may be void
and null, and may be interpreted as not binding to the Church of
Scotland, and that notwithstanding thereof it may be free for us,
and such as adhere to us, to exercise our Ministerie, and enjoy the
warrantable Christian liberty of our consciences according to the
Word of God, the National Covenant, and Solemn League and Covenant,
and Solemn Engagement to Duties, and all the Acts and Constitutions
of this Church; and that there may be liberty to chuse Commissioners,
and to conveen in a free lawful General Assembly, when there shall be
need, and the Lord shall give opportunity, and to add what further
Reasons shall have weight for shewing the nullity of this Assembly,
and the unwarrantableness of the proceedings of the Commission of the
former Assembly. And that these Presents may be put upon Record by the
Clerk in the Regesters of the Assembly, to be extant _ad futuram rei
memoream_, and that we may have subscribed Extracts thereof under the
Clerks hand.

       *       *       *       *       *

No. III.

  _Instances of the Influence that the Letter and Act of the Commission
  of the Gen. Assembly 1650 had upon several Presbyteries and Synods,
  and upon several persons therein, in the Election of Commissioners
  to the Assembly 1651, and in the Citing of these of their Number who
  were dis-satisfied with the Publick Resolutions as they are attested
  out of the Registers, or by Members of these Presbyteries and Synods,
  who were Witnesses to their Proceedings in these things._


1. _Instance in the Presbytery of Jedburgh._

The Letter and Act of the Commission of the Gen. Assembly 1650,
concerning the Citing of such of their Number as were Opposite to the
Publick Resolutions, came to the Presbytery of Jedburgh, before the
chusing of their Commissioners to the Assembly: At the time of the
Election, the Presbitery after the reading therof, did in obedience
thereto, make enquiry, who of their Number were not satisfied with
the publick Resolutions; and finding that Mr John Livingston, Mr Ja.
Ker, and Mr Jo. Scot, were dis-satisfied with these Resolutions,
they did appoint Conference with these Brethren in order to their
satisfaction, by reading of some publick Papers, refusing any other
way of Conference unto them; after which, they went on to the Election
of their Commissioners, passing by these dis-satisfied Brethren, and
Citing them by vertue of the Act of the Commission, to Compear before
the General Assembly to be holden at St Andrews the ______ day of July,
1651.


2. _Instance in the Presbyterie of Dunkel._

The Presbyterie of Dunkel having chosen such of their number to be
Commissioners to the General Assembly 1651, as were in their judgments
opposite to the publick Resolutions; some of the Presbytery dissented
from the Election of these persons upon the ground of their being
uncapable to be Commissioners, because of an Act of the Commission for
citing of such to the Assembly, and urged, That the Dissent, and ground
thereof, might be marked in the Presbytery-Book, to be judged by the
Synod.


3. _Instance in the Synod of Perth._

The Synod of Perth, which met in June 1651, having received and read
the Letter, and Act of the Commission, concerning the citing these
who were opposite to the publick Resolutions, did find it incumbent
unto them for satisfying the said Letter and Act, to appoint the
several Presbyteries within their Bounds, and where the plurality of
the Presbytery was dis-satisfied with the publick Resolutions, some
nominated by themselves to Confer with dis-satisfied Brethren; and
in case of their not receiving satisfaction by Conference, to cite
them to the Gen. Assembly at St Andrews, from which Act of the Synod,
such dis-satisfied Brethren as were present, who were about eight or
nine, did Dissent, and were therfore cited _apud acta_ by the Synod,
to Compear before the Assembly, because of their opposition to the
publick Resolutions: and concerning the rest who were absent, it was
ordered by the Synod, That personal Summons should be sent unto some
of them, and that others of them, in case of their not being satisfied
by Conference, should be cited by their respective Presbyteries, and
such as were appointed to Confer with them: At the same time, the Synod
taking in consideration the Dissent of some of the Members of the
Presbytery of Dunkel, and the grounds thereof, from the Election of
their Commissioners, did sustain the same, and appoint the Presbitry to
make a new Election.


4. _Instance in the Presbytery of Kirkaldie._

The Presbyterie of Kirkaldie, having received and read the Letter and
Act of the Commission, did thereafter and in order therto, refuse to
subscribe the Commission of Magnus Aytoun, then chosen Commissioner
to the General Assembly by the Town of Brunt-Iland, because when his
Commission was presented to the Presbitery, he was not present to
declare his judgment concerning the publick Resolutions. The same
Presbytry did by vertue of the same Letter and Act find themselves
oblidged to Refer or Summon two of their number, to wit, Mr Alex.
Muncreiff, and Mr George Nairne to the General Assembly, because of
their being dis-satisfied with the publick Resolutions, but remembring
that these two had a little before that time Dissented from an Act
of the Synod of Fife, appointing such Ministers in the Bounds of
that Synod as were dis-satisfied with the publick Resolutions, to be
referred to the General Assembly, did find that they were obliged to
compear before the Assembly, to give in the Reasons of their Dissent
from that Act; and therfore the Presbytery did draw up a Paper
mentioning their regard to the Act and Letter of the Commission, and
also bearing the Dissent of these two Brethren, and that they judged it
not necessary to summon them, who were already by their Dissent obliged
to compear; and this Paper they did deliver to their Commissioners,
appointing them to present it to the Assembly.


5. _Instance in the Presbytery of Glasgow._

The Presbytery of Glasgow did choose Commissioners to the General
Assembly 1651, before the Letter and Act of the Commission came to
their hands, from which Election some of their Number did Dissent
upon this ground amongst others, because the persons chosen were of
a contrary judgment to the publick Resolutions, and that they knew
that the Commission of the General Assembly was to send some publick
Directions to the Presbitery anent that matter, and the dissenting part
of the Presbitery, though the smaller number by many, did thereafter
make a new Election of their own, and did cite some of these of the
Presbitery who were opposite to the publick Resolutions, to compear
before the Assembly upon the ground contained in the Letter and Act of
the Commission; and some of the same Dissenting part of the Presbitery,
who were frequently with the Commission, in promoting these Affairs,
did send the Letter and Act of the Commission inclosed in a Letter of
their own to two of the Brethren of the Presbitery of Lanrick, advising
them, That before the Election of Commissioners in their Presbitery,
they should cause read the Letter and Act of the Commission, and
endeavor to carry on the Election accordingly; and that if they could
not attain this, that then these of their Number who did approve of the
publick Resolutions, should make a New Election amongst themselves, and
leave it to the Assembly to judge which of the two Elections was valid;
signifying withal unto them, that they had done so in the Presbytery of
Glasgow.


6. _Instance in the Presbitery of Biggar._

The Letter and Act of the Commission 1650, concerning such as did
Differ from the publick Resolutions, came to the Presbytery of Biggar,
and was publickly read therin before the chusing of their Commissioners
to the General Assembly; and thereupon Interogators were made to the
Brethren, for trying of their judgment anent the publick Resolutions,
that these who profest themselves dissatisfied therewith, might be
rendered uncapable to be chosen Commissioners to the General Assembly.


7. _Instance in the Presbytery of the Merns._

The Presbytery of the Merns, having chosen the Lord Arbuthnet in his
absence from the Presbytery, to be Commissioner as Ruling Elder to the
General Assembly 1651, did send two of their Number unto him to take
his Oath to be faithful in that imployment; and withal, to take tryal
whether he were satisfied with the publick Resolutions; and to signifie
to him, That if he were not satisfied with these Resolutions, the
Presbytery could not be answerable to give him a Commission for sitting
in the Assembly, but behoved to chuse another.

  These Instances may suffice for verifying of what is alleadged in the
  former Debates concerning the influence that the Letter and Act of
  the Commission of the General Assembly had upon several Presbyteries
  and Synods and Persons therin, in the Election of Commissioners to
  the Assembly 1651, and in Citing of these who were Dis-satisfied with
  the publick Resolutions, and therefore it shall not be needful to
  trouble our selves or the Reader with the bringing and setting down
  of more of this kind.


No. IV.

_Papers betwixt the Assembly and Committee_ [_of Estates_.]

  _Offers and Desires from the Committee of Estates, Presented by the
  Earle of Glencarn, the Thesaurer-Depute, and Archibald Sydserf, to
  the Gen. Assembly._

As we cannot but with sad hearts regrate that notwithstanding of
the many endeavors of, and great pains taken by the Parliament and
Committee of Estates, for removing of Differences, and offering all
just satisfaction to the Desires of the Commissioners of the General
Assembly concerning the necessity and lawfulness of this present
Engagement; yet they have all hitherto proven ineffectual, and
Divisions betwixt us are rather increased, then lessened; so we cannot
but here promise to our selves better Success from the wisdom of this
grave and venerable Assembly, especially whilst our consciences bears
us witness, that in all our undertakings we have nothing before our
eyes but the glory of God in the first place; and in the second, the
good and preservation of Religion; and next therunto, the safety of
his Majesties Person now in danger, and the pursuance of the same
ends of our Covenant which hath been sealed with the blood of so many
of our friends and country-men: And that our sincerity and reallity
in all these may be manifested to all the world, we are content now
again at this time, not only to renew all these offers which were
formerly made by the Parliament to the Commissioners of the Gen.
Assembly, for the security of Religion; but hereby we offer to grant
what further security the General Assembly shall be pleased to demand
in reason of us for Religion: And although we cannot lay negatives and
restrictions on the King, but must, as obliged in conscience and duty,
endeavor his Rescue, that he may come with honor, freedom, and safety
to some of his Houses, in, or about London; yet we are most willing
to give what Assurance can be demanded for our selves and our Army,
even by an solemn Oath, if so it shall be thought fit by the General
Assembly, that we shall not be satisfied and lay down Arms, until
Religion be secured in all his Majesties Dominions, according to the
Covenant: Therfore out of the deep sense we have of the great danger
that the further growth of these Divisions may bring to Religion, the
Kings Majesty, and to these who doth sincerly wish the settling of
Presbiterial Government in all his Majesties Dominions, We cannot but
desire you seriously to weigh the sad Consequences may ensue, if, at
this time there be not found amongst you, some who will endeavor to
heal, and not to make wider the Breaches betwixt Church and State,
to remember that no such effectual help can be yeilded at this time
to that ___________ _______ as to have the hearts and consciences of
the people preposessed with prejudices against the Resolutions of
the Estates and their so pious and necessary Engagment. And for this
cause, to the end these unhappy Differences may spread no further,
we do intreat you would be pleased to appoint some of your Number,
to meet with such as shall be appointed by us, for Composing these
mis-understandings betwixt Church and State: And likewise for so
cleering the Marches betwixt the Civil and Ecelesiastick Power in
these Questions hath been Debated betwixt the Parliament and the
Commissioners of the Gen. Assembly; as the Kirk may be freed of all
scandals in medling with Civil Business, and the Estates from the
scandals of Erastianism: And seeing our desires herein are only to
remove all jealousies betwixt the Church and State, and to witness to
the world our unfained intentions to do al that is in our powers for
the most satisfaction of the Gen. Assembly, We do desire that ye would
be pleased to forbear the emitting of any Declaration either to this
Kingdom, or the Kingdom of England, relating to our present Engagement
and proceedings, considering how unseasonable it may prove whilst our
Army is in the Fields against the great obstructions of any Enemies to
our Reformation, to do any thing may encourage and strengthen the hands
and hearts of that __________ who doubtless will encourage themselves
in their own wayes, the more they have ours disaproven by you: And
as their unhappy differences and divisions have already so wrought
upon the hollow hearts of some of our Countrymen, as to move them to
rise in Arms against the Parliaments Forces, and of some to run and
joyn themselves with these ______ _______ so much the more wil these
______ be strengthned and encouraged against us by their hearing of
our Divisions: We do likewise desire, That before the Gen. Assembly
proceed to any approbation of the actions of the Commissioners of the
Gen. Assembly, That in these things that may relate to the present
Engagement and to these Questions [that] hath been Debated betwixt the
Parliament and them, we may be first hard. All these we desire for no
other end, but that these untimely Differences and Rents now grown to
so great a height as that they threaten the ruin both of Church and
State, may by the blessing of God in the spirit of Meekness be cured
and bound up, That neither Malignants on the one hand may have occasion
to laugh at our Divisions, nor ______ on the other hand encouraged and
strengthned against us: But that we (as formerly) may go on in one way,
being all engaged in one Cause for one and the self-same Ends; And so
may receive a blessing from the Lord of Peace and Order (which hates
the instruments of Division and Confusion) upon all our endeavors, for
advancing the blessed work of Reformation, and for bringing to an happy
end all the Miseries and Confusions now, which these Lands bath been so
long tossed and consumed with.

  Before the Assembly give any Answer to the Paper produced from the
  Honorable Committee of Estates, The Assembly thinks fit to enquire
  at the honorable Persons who presented the Papers, If the Committee
  of Estates have any new Objections against the Proceedings of the
  Commission of the late Assembly, or only the same Objections made by
  the Parliament, or their Committees before.

  _Sic subscrib._

  A KER.

The Committee of Estates do make this Return to the Paper of the Gen.
Assembly, That they have just and material Exceptions against the
proceedings of the Commissioners of the Gen. Assembly, besides any
formerly made by Parliament or Committee of Estates.

  The Assembly continues until the morn at ten hours that Examination
  of the Proceedings of the Commission of the late Assembly, and do
  appoint that time for Hearing any New Exceptions the Committee
  of Estates hath to give in against the Proceedings of the said
  Commission.


_Paper sent into the Assembly._

Whereas it hath been the constant Care and Endeavor of the Parliament
and Committee of Estates, To use all means for removing and setling
the Differences betwixt the Church and the State; and in pursuance of
that good way, The Committee did yesterday give in some new Desires
and Offers to the Gen. Assembly, That some might be appointed to
meet and confer with such as should be appointed by the Committee
therupon: But since instead of imbracing and laying hold of this
opportunity of composing Differences, The Gen. Assembly doth proceed
toward an approbation of the proceedings of the Commissioners of the
Assembly, wherby we conceive all hopes of making up the Breaches will
be removed, and the prejudices will be great that will thereby ensue
to this cause and Kingdom; For preventing whereof, we hold our selves
obliged again, to desire you, as you tender the furtherance of the work
of Reformation, the Good, Peace, and union of the Kingdoms, and the
composing of all Differences and Jealousies, that you would apply your
selves to these our Desires, and appoint some of your Number to confer
with us therupon for the Exceptions we have against the proceedings of
the Commissioners of the Gen. Assembly: We have confidence a Conference
may preveen the same, and are more willing not to give them in at all,
or at least only to give them in to those you shall appoint to confer
with us, that if it be possible Differences may yet be removed, then
that we be necessitate to appear in publick amongst them: And that
this and our former Paper may remain as a testimony of our Desires for
Unitie and Peace, we desire that they may be Recorded in the Books of
the General Assembly.

  The Assembly do give this humble return to the Papers sent this
  day from the Hon. Committee of Estates, That they are most willing
  to appoint a conference with any of their Lordsh. number, but that
  according to the Order and Acts of former Gen. Assemblies, they
  conceive themselves obliged, first to examine the proceedings of the
  Commission of the late Gen. Assembly, and thereafter shall be willing
  to confer, being also now ready as of before to hear Exceptions, if
  there be any, against the proceedings of the said Commission.

  _Subscrib._      A. KER.

The Committee of Estates understanding that the Gen. Assembly is to
proceed to the examination of the proceedings of the Commissioners of
the late Gen. Assembly in order to an approbation before they agree to
a Conference; and the Committee being to give in their just exceptions
against the proceedings of the said Commissioners, do desire the Gen.
Assembly to allow some few dayes delay to the Committee to prepare
their Exceptions before the Assembly proceed in the Business.

  The Assembly continues the examination of the Proceedings of the
  late Gen. Assembly until four afternoon, and appoints that time for
  Hearing any new Exceptions the Honorable Committee of Estates have to
  give in against the Proceedings of the said Commission,

  _Subscrib._

  A. KER.

The Committee of Estates finding it impossible in so short a time
to prepare their Objections against such of the proceedings of the
Commissioners of the General Assembly, as relates to their Engagement:
and yet being most willing to essay all fair means for procuring an
happy Understanding betwixt Kirk and State, are content to appoint some
of their Number to meet with such as shall be appointed by the General
Assembly for Composing of Differences betwixt the Church and State,
without prejudice to them to use all their just Objections against the
proceedings of the Commissioners of the late General Assembly, if the
Conference shall not produce these happy Effects they earnestly wish.

  The General Assembly unto the Motion sent this afternoon from the
  Honorable Committee of Estates, Do return humbly this Answer, That
  they yeeld to their Lordships Desires of a Conference, and for this
  end appoints Mʳˢ David Calderwood, David Dickson, Robert Douglass,
  Andrew Cant, John Moncreif, John Smith, and John Mac Clelland,
  _Ministers;_ and the Earl of Cassilles, the Earl of Louthian, Lord
  Balmerino, the Lairds of Moncreif and Freeland, with the Moderator
  to confer with any appointed by the Honorable Committee of Estates,
  at such time and place as shall be appointed by their Lordships,
  upon the present Dangers to Religion and the Cause of God, the great
  prejudices done to the Liberties of the Kirk, and the best remedies
  thereof: And to Report the Result of their Conference from time to
  time: And they have also Power to receive any Offers or Papers from
  the Honorable Committee of Estates, and to present the same to the
  Assembly: Declaring that the proceedings of the Commission of the
  late Assembly being now exactly tryed, and unanimously approven,
  there is no place left for any Objections against the same.

  _Subscrib._

  A. KER.

       *       *       *       *       *

No. V.

_Act at Dundee approving the Proceedings of the Commission of the
former Assemblie._

July 24, 1651. Post meridiem.

The Generall Assembly having considered the report of the Committee
appointed for revising the Proceedings of the Commission of the
preceding Assembly; and having also heard the doubts and objections of
diverse Brethren, against their Acts and resolutions after-mentioned,
after due examination, long and much debate and mature deliberation,
The Assembly findes the zeal, diligence, wisdom, and faithfulnesse
of the said Commissioners in the discharge of the trust committed
unto them, very great, and in the manifold difficulties of this last
years great and dangerous occasions, their watchfulnesse and labours
to have been very singular and more then ordinary: And therefore do
approve their Acts and Proceedings, especially their sense of the
Western Remonstrance, Perth Novemb. 28, their Answer to the Parliaments
Quære, anent the more generall calling forth of the People, Perth
Decemb. 13, their Solemn Warning, Perth Jan. 6, their Answer to the
Letter of the Ministers of the Presbyterie of Stirling, Perth Jan.
6, their Answers to the Letters from other Brethren and Presbyteries
in relation to Publick Resolutions; their Answer to his Majesty, and
Committee of Estates Letter anent the Protestation of the Ministers of
Stirling, Perth March 18; their Act concerning the opposers of Publick
Resolutions, and Letter to Presbyteries thereupon; their Answer to the
Quære anent the Acts of Classes. And in these and the rest of their
proceedings, do judge them to deserve high commendation. Onely the
Assembly having considered their Act and Declaration of August 13,
1650, at the West Kirk, finding that some have already made ill use of
the same: And to the end that it may not hereafter be to any a ground
of unwarrantable proceeding in reference to the Kings Majesty, or any
of his Successors, Declare, that the said Act and Declaration shall not
in any time coming be interpreted to have any other meaning, then that
the Kings Interest is not to be owned but in subordination to God, the
Kirk being ever willing, as their duty is, to own and maintain in their
station, his Majesties Interest in that subordination, according to the
Covenants. And the Assembly Ordains Master Robert Bailzie Moderator
_pro tempore_, to return to their said Brethren hearty thanks in the
name of the Assembly, for their great pains, travell, and fidelitie.

  _Sic subscribitur_,             A. KER.


No. VI.

Dundee, Julii 21, 1651. Ante mer. Sess. 19.

  _Act for censuring of those who do not acknowledge this present
  Assembly, and do not acquiesce to the Acts thereof, &c._

The Generall Assembly considering that all persons who protest against,
and decline the authority of the General Assembly, are censurable by
the Acts and Constitutions of this Kirk, with the highest censures
thereof, and that by the Act of the solemne General Assembly of
Glasgow, 20 Decemb. 1638, Sess. 26, Presbyteries and Provincials are
ordained to cite and censure all such as would not acknowledge the said
Assembly. And the Assembly being very sensible of the prejudice this
Kirk may suffer in her Liberties and Priviledges, by the beginnings of
such practices (if they be not timeously prevented and restrained.)
Therefore according to the practice and example of the said Assembly,
They ordain Presbyteries and Provinciall Assemblies, to call before
them all persons that do not acknowledge this present Assembly, and to
censure them according to the degree of their contempt and obstinacie
to the Acts of this Kirk: And the Assembly having also considered that
by the afore-mentioned Act of the Assembly of Glasgow; and another Act
of the said Assembly, Decemb. 18, Sess. 24, Presbyteries are ordained
to proceed against these that do not acquiesce to the Acts of the said
Assembly, and that refuse themselves, or draw others from the obedience
of the Act of the General Assembly, in manner mentioned in the said
Act. Therefore do ratifie and approve the said Acts, and declare, that
they are to be extended against Ministers censured by this Assembly,
and all those that oppose the Publick Resolutions thereof. Ordaining
also Presbyteries and Provincial Assemblies, To call before them all
persons that shall not acquiesce to the Acts and Constitutions of
this present Assembly, and to deal with them by conference for their
satisfaction. And if in their conference with them they shall still
oppose the Acts and Conclusions of this Assembly, That they censure
them according to the degree of their offence and obstinacie to the
Acts of this Assembly. And where Presbyteries are negligent or wanting
herein, the Assembly appoints the Commission appointed for Publick
Affairs, to proceed against the said offenders respective, and to
censure them in manner above specified, giving unto them full power for
that effect.

       *       *       *       *       *

No. VII.

Eodem die at Dundee, Ses. 19. Ante merid.

_Act against Expectants who oppose the Publick Resolutions._

The General Assembly understanding the scandall and prejudice of
practices and carriage of some Expectants and students, attenders of
families, for performance of religious duties by their private or
publick opposing Publick Resolutions: For removing whereof, they do
extend the Act of the Assembly 1640, Sess. 10, against expectants,
refusing to subscribe the Covenant and the censure therein specified,
against all expectants, students in Divinity, and attenders upon
families for religious duties, that shal not acknowledge the General
Assemblies of this Kirk, and this present General Assembly, and that
shal not acquiesce to the Acts and Constitutions thereof; and do ordain
them to be removed from Bursaries, and to be discharged from publick
preaching and catechising in Congregations and families, and from
all other privileges and liberties allowed to expectants; appointing
Presbyteries and Provincials to proceed against them accordingly.

       *       *       *       *       *

1651.

_Excerpts from The Waters of Sihor, or the Lands Defectione; By James
Guthrie._[448]

[Page 66.]

The Comissione of the Generall Assemblie, in their answer to the Letter
of the Presbytrie of Stirline, from Pearth, Jan. 6, 1651, plead—“That
it is not only lawful but a necessar duety, to raise these men in
airms, pag. 7; That they must be called and allowed to rise in airms
for their own defence, and for the defence of the country, pag. 11;
That we may warrantablie associate with them, pag. 11, 12; That it is
not against the solemne ingadgment to deuties; that being but a humane
law and Resolutione, which must yeeld to this case that is warranted
by the law of nature, pag. 13, 14; That it gives no incouradgment to
sectaries, pag. 16, 17; That there is no cause to be affrayed of God’s
indignatione upon the account of imploying such, p. 17; That, what ever
be the event, there will be more peace and comfort to us by making use
of such means, than any furder calamity should come upon the land,
they not being made use of, p. 18; That it were a tempting of God and
transgressing against warrantable Christian prudence, not to make use
of them in the case wherein we then stood, p. 6; That the danger of
making use of such is not certain and inevitable: That it is not so
apparent and great, page 18; That yᵉ scandall is not given but taken,
p. 16.” The same things are repeated in the Solemne Warning to all the
Members of this Kirk. Pearth, Jan. 11, 1651.

That these things doe inferr and contradict the things cited before
these resolutions, I think, is manifest and obvious:—what the one makes
sin the other makes duety. And then the writer goes on to contrast the
documents and point out their inconsistency.—[Page 75.]

The Comissione, in their warning at Pearth, Jann. 7, 1651, and in their
Remonstrance at Pearth, Jann. 25, 1651, doe clearly insimulate them of
complying with the adversaries. In the 4 pag. of the Warning, they give
this advertishment: “We exhort, and, as the servants and messengers
of Jesus Christ, doe, in his name, charge the Kirk and people of God
in this kingdome, to avoid all sorts of complying with the enemy,
whither by speaking favourablie of them and their wayes, or speaking
disrespectively of the publick just and necessary Resolutions and
proceedings of Kirk and State, for opposing their wicked design.”

Now these Resolutions are the same in questione, against which sundrie
Presbytries had then begun to give testimony; and, in the 8 pag. of
their Remonstrance, they give this advertishment to the King and
Comitee of Estates:—“Yee would carefully take head that scrouple of
conscience be not, by some, pretended unto unwillingnes of acting, for
preservatione of the indangered cause and sinking kingdome, and taken
on as a mask to cover the designe of underhand advancing the intrest of
the Sectarian Army.”

In a Letter writen from Pearth, Jan. 16, 1651, they give this order
concerning such:—“We doe hereby require and exhort you to take notice
of them, of whatsoever place or statione, who doe obstruct, speak
against, dissuade, privatly or publickly, from the present levy, or
who, having a calling to speake for it, are silent therein, and to make
report thereof at the nixt meeting of our Commissione at St Andrews,
Jan. 21.”

Upon the 20 of March 1651, they did emitte a Warning at Pearth, to
the Ministers and professors, of this kirk, in qᶜʰ they not only
characteriz the opposers of these Resolutions as Malignants, by
applying unto them the characters that were formerly given by this
Kirk, whereby to know Malignants, but also (beside insinuations made
to the Civill Magistrate, concerning civill censures to be inflicted
upon them, as appears from the 2 and 5 pages of their Warning,) they
doe inhibit all speaking, preaching, writing against these Resolutions,
and stirr up Presbytries to censure all such in their bounds as so doe,
and that by vertue of former Acts of Assemblies against Malignants, for
clearing of which I shall set down a pairt of this warning:—

“Let faithful1 ministers, as messengers of the Lord, stir up others,
both publickly, by free preaching, and privately, by admonishing every
one of his duety, as there shall be occasione, considering that silence
in the publick cause, especially in publick persons not labouring to
cure the dissaffectione of people, not urging them to constance and
patience in bearing of publick burdens, nor too forwardness in the
publick cause, that, speaking ambigously, inclining to justify the
wicked cause, uttering words which savor of dissaffectione, complaining
of the times, in such a way as may steall the hearts of people from
liking good instruments in this work, and, consequently, from Gods
cause; yea, that some read publick orders, and speaks against them
in private conference, are reckoned up among the corruptions and
enormities of ministers in their callings by the Gen: Assem: 1646,
Sess: 10; and because the Commissione of the Gen: Assemb: in their
Remonst: to the Comitee of Estates, July 6, 1643, teaching all true
patriots and professors of religione, that they may learn to discern
and know the Enemies of the Kirk, among other marks of Malignants, give
this, their offering to Presbytries, in all the quarters of the land,
peapers contrair to the Declaration of the Comissioners of the Gen:
Assem: The Gen: Assem: 1645, in their seasonable Warning, 12 Feber:
gave these characters of secret malignants and dis-covenanters, their
slighting and censuring of the publick Resolutiones of this Kirk and
State; their labouring to raise jealousees and divisiones to retard
the executione of what is ordained by the publick judicatories; their
slandering these whom God hes used as his chief instruments in his
work; their drawing of factiones for weakning of the common unione;
their endeavours, solicitationes, and informations, tending to weaken
the hearts and hands of others, and to make them withhold their
assistance from this work, enjoyning such to be weel marked, timeously
discovered, and cairfully avoided, least they infuse their counsels in
the minds of others; wherein they require ministers to be faithfull,
and Presbytries to be vigilant and impartiall, as they will answer the
contrair to God and to the Gen: Assemb: or their Comissioners. The
Gen: Assemb: 1646, Sess: 10, ordains, that, besid all other scandals,
silence, and ambigous speaking in the publick, much more detracting
and disaffected speeches be censured seasonablie. The Gen: Assemb:
1647, Sess: 27, doeth, in the name of God, inhibite the spreading and
dispersing of erroneous books or peapers, pamphlets, lybells, and
letters, requiring all ministers to warn their flocks against such
books in generall, and particular against such as are most plausible,
insinuating, and dangerous; and ordains Presbytries and Synods to
try and process such as shall transgress, recomending to Civill
Magistrate, that they may be pleased to be assisting to ministers and
Presbytries in the executione of this Act, and to concurr with their
authority to that effect. Therefore, for executione of the foresaid
Acts of the Assem: and preventing the eminent danger of Religione, the
people of God, and the kingdome, by practices leading to encourage
the hearts and strengthen the hands of enemies in prosecuting their
wicked purposes, to make faint the hearts and enfeeble the hands of
Gods people, and to seduce their minds with divisive and separating
counsels and principles, according to the power and trust committed
to us, and according to the practise of former Comissiones of the
Gen: Assemb: we doe, in the name of God, inhibite and discharge all
ministers to preach, and all ministers and professors to detract,
speake, or write against the late publick Resolutiones and peapers of
the Comissione of the Gen: Assem: in order to the calling furth of
the people for necessary defence of the cause and kingdome against
the unjust invasione of these enemies to the cause of God and to yᵉ
goverment of this Kirk and kingdome, or to spread letters or any other
peapers against the same, or in any other way to obstruct the service
tending to the preservatione and defence of religione, King, and
kingdome: Requiring ministers to warne their flocks of these peapers
in generall, and particularly such as are most plausible, insinuating,
and dangerous. And we doe seriously recomend to Presbytries, that, with
all vigillancy, they take speciall notice and tryall of such persons
within their bounds, whither such as have their statione there,
or such as, in the troublesome time, have their present residence,
ministers or others, and impartially proceed against them, as they will
be ansurable.”

At the same time they did write a particular order to Presbytries for
censuring of such, of qᶜʰ I shall here set down the true copy:—

“Reverend and weel beloved brethren: Finding that, notwithstanding of
our faithfull Warning and great pains taken to satisfie all men, to
concurr, in their places, for furthering of the leavys for defence of
Religione, King, and Kingdoms, and all other our dearest intrests, many
are so farr from concurring, that they doe very vehemently goe about,
by preaching, writing, and perswadding to the contrairy to obstruct the
work; we doe, therefore, require that you carefully inquire, in your
presbytries, what ministers doe preach or otherwise persuade contrary
to our present publick and published Resolutions, and that yee proceed
to censure such as are of your own number; and if any ministers that
travel amongst you transgress in that kind, let them not be permitted
to preach in your bounds.”

By these traveling ministers are meant some of the gracious ministers
of Ireland, who were driven from their stations and forced to retire to
this land, and some other faithfull ministers among ourselves, who were
also necessitated to retire from their charges at that time, and were
preaching to vaccant congregations, some in the West and some in Fyfe.

Upon the ______ of May 1651, they made ane Act, qᶜʰ they sent with
a Letter to Presbytries, appointing such ministers, as did oppose
yᵉ Publick Resolutions, to be cited to the nixt Gen: Assemb: at St
Andrews. [Note by Wodrow.—“The copy qʳof I shall set doun but it’s blank
in yᵉ autograph.”]

These Warnings, and Letters, and Acts, though stumbled at by many, yet
were received and intertained by such Synods and Presbytries, as were
of the Commission’s judgment, with respect and affectione: and, by
order from them, the Warnings were read publickly in the Kirks, and yᵉ
Acts were put upon record in their registers, and dilligence was used
thereupon, unto the censuring of some, and threatning of sundry wᵗ
censures, and citing of many to the Gen: Assemb:

The pretended Assem: at Dundee, treading the same paths after
the ratificatione of all these proceedings, did proceed unto the
censuring of some of these who protested against their meeting and the
ratifying of these Resolutions, and emitted a publick declaratione
and made publick acts against all of their judgment and way in these
particulars. The Declaration is a litle book by itself, fraughted
all alongst with hard representations against such, that the reader
may judge _ex unque Leonem_. I shall only set down the preface yᵗ is
therein used to usher in that purpose:—

“But, would to God we had this evill only within ourselves to fight
with as in former times, and that Satan, having turned himself into
ane angel of light, had not so farr abused the zeal and wit of some,
and simplicity of others, as to open the gape of such a rent, qᶜʰ, of
all other tryalls, is like to have the saddest consequences, if God
prevent it not, concerning which we are necessitate to say, whatsoever
have been the intentions of these who have been instrumentall in making
of this rent from publick counsels and actings; yet the work itself,
and the spirit that hath stirred in it, hath been and yet is most
effectuall for carrying one of the enemies designe.” The Acts which
they made for censuring of their opposers were these qᶜʰ follow:—[449]

  [Page 80.]

What these Acts include and how far they reach, is shown in a treatise
of observations upon them already printed. It is, in a word, all the
Ministers, Elders, Expectants in the Church of Scotland, who doe not
acknowledge that Assemb: or oppose the Resolutions thereof, or doe not
acquiesce to the Acts and Constitutione thereof, are to be laid aside,
discharged, silenced, suspended, or deposed; yea, all the Ministers,
Elders, Expectants, or Professors in the Church of Scotl: who doe not
acknowledge that Assemb: or who doe oppose yᵉ Resolutions thereof,
or doe not acquiesce to the Acts and Constitutions thereof, are made
lyable to excomunicatione, if, after conference, they doe not receive
satisfactione.

As if it had not been enough to deal thus with them at home, yᵉ
Commissioners of this pretended Assem: in their informatione to their
Brethren in Ingland, from their meeting at Forfar, August 12, 1651, doe
represent them thus:—

“Yet in these last and perrilous times, wherein the Spirit of Error
is wise to palliate his lyes with the pretence of piety, there are
among ourselves a few unsatisfied, of whom some have been held in
high esteem, before this time for their works sake, and with whom we
have dealt with all tendernes, in the spirit of meeknes, for their
reclaiming; who, to the great advantage of the common adversary,
and to the weakning the hands that were at the work, have opposed
these just and necessary Resolutions, and actively obstructed the
use of the lawfull and only likely means left of oppositione to the
prevailing enemy, seting on foot a State separatione, which necessarly
tends to a Kirk separatione; wee need not warn you, dear brethren,
who are acquainted with the policies and practises of these, that,
among yourselves, under the specious name of the Godly Pairty, have
carried on a devilish design of undoing Kirk and State, and setting
up a boundles toleration and arbitrary Goverment, to beware of
misinformatione from such men to take impressione upon you. Their
actiones at home, to sail every wind, and to roll every stone for their
own advantage and prejudice of yᵉ publick, induceth us to beleive that
they have not been idle towards you, but active by their emissaries
and peapers, to abuse you with misreports, and to preposses you with
prejudices aganist our proceedings; but we are confident that yee who
have had so great proof of the faithfullnes of the Judicatories of
this Kirk in guarding warrily against enemies one both hands, as weel
Malignants as Sectaries, have not suffered yourselves to beleive evill
of your brethren; and we doe earnestly beseach you to beware, that the
trust qᶜʰ any have had from us. and the estimatione they had among you
while they were about the discharge of that trust, be not inductive
of your being now deceived by them whose principles and practises,
whatever their intentions be, tend to the giving up of you and us unto
the power of the avowed enemies of Christ’s Kingdome.”


1651.

_Excerpts from Balfour’s Annales of Scotland._

12 Jarij: Sunday. This day Leiuetenant Generall Midiltone was relaxed
from his excommunicatione, and did his penance in sackclothe in
Dundie churche; and Collonell Archbald Straquhan was excommunicat and
deliuered to the Deiuell, in the churche of Perth, by Mr Alexander
Rollocke, the same day.

One Tursday, the 20 of Febrij, 1651, his Maiestie and Comittee of
Estaits, by ther acte, ordaind Mr James Guthrie, minister at Stirling,
and his coleauge, Bennett, quho had excussed ther not compirance the
day befor, being wrettin for to come to Perthe, and ther to remaine
confynned from returning to Stirling, wntill his Maiesties returne
thither from the northe; his Maiestie being no souner gone upone
Fryday, bot they come to Perth and dealls with the Comittee ther,
that they may returne back againe to Stirling. To gratifie them, the
Chanceler calls a committee of his auen stampe one Saterday, thinking
to carrey by woyces, since, as he thought, maney of the barrons and
burrowes, committe men, wer gone offe the toune. Bot they being
adwertissed of the bussines, and considering the importance of the
same, most of them stayed. After muche debait, wither or no thesse
tuo ministers should stay in Perthe, conforme to the former acte,
wntill his Maiesties returne backe, ore goe back to Stirling? The
Earle of Cassiles said, quhat if his Maᵗⁱᵉ did neuer returne, was it
ressone that they should stay from ther charge? Maney honest men of
the committee wer offendit with this expressione of Cassiles, and
the Chancelers too forwardnes; bot at last it went to a wotte, and
was carried, that conforme to the former ordinance, Mr Guthrie and
Bennett should stay confynned in Perth, and not goe backe to Stirling
wntill his Maiesties returne from the northe. Guthrie, a pryme enimey
to monarchie, a cheiffe plotter of all the westerne remonstrance,
diuisione and mischeiffe, and a maine preacher for the sectaries.

  _Mr James Gnthrie and Mr Dauid Bennett, ministers at Stirling, ther
  Protestatione, giuen in to the Committee of Estaits, at Perth, 22
  Februarij, 1651._

Quheras the Kinges Maiestie and your Lordschips haue beine pleased,
wpon a narratiue relating to our doctrine and ministeriall dewties, to
desyre and requyre ws to repaire to this place, aganist the 19 day of
this instant; that after heiring of ourselues, suche coursse may be
takin as shall be found most necessarey for the safety of that place
quherin wee serue in the ministrie: Therfor conceauing the judicatories
of the churche to be the onlie proper judges of our doctrine and our
cariages in thosse thinges that concerns our ministeriall calling;
and wee doe for the respecte wee [haue] to his Maiestie and your (Lo:)
authority, compeir at this tyme, being desyrous to heir quhat is
to be said wnto ws, and redey to anssuer therwnto; so wee humblie
protest, that our compirance is with preseruatione of the liberties
and praeuilidges of the Churche of Scotland, and of the ministers
and seruants of Jesus Christ, in thesse thinges that doe relait to
ther doctrine and the dewties of their ministeriall function. And
that tho wee be most willing to rander ane ressone of our wretting to
the Commissione of the Generall Assemblie, a letter, containing the
groundes of our stumbling at the present resolutions of this kirke
and stait, in order to a leuie, and of our preaching aganist thesse
resolutions, as involuing ane coniunctione with the malignant partie
in the land, wiche wee hold to be contrair to the word of God, to the
leauge and couenant, to our soleme ingagements, and to the constant
tenor of the declarations, remonstrances, warninges, causses of
humiliation, and vther resolutions of the kirke thosse zeires past;
and to be destructiue to the couenant and caus of God, and scandalous
and offensiue to the godlie, and a heighe prowoking the eiyes of [the]
Lords glorie. And of our protestinng aganist ane appeallinge from the
desyre and chairge of the Commissione of the Generall Assembly in this
particular, and in our persisting in preaching the same doctrine. Zet
that our compeiring befor the Kinges Maietie and your (Lo:) doeth not
import ane acknowledgment in ws, that his Maiestie and your (Lo:)
are the proper iudges of thosse thinges; and this protestatione wee
make, not for aney disrespectes to the Kinges Maiestie and your (Lo:)
authoritie, not to declyne or disobey the same in aney thing ciuil, bot
from the tender regaird wich wee haue to the libertie and præuilidges
of the church of Jesus Christ, wiche his Maiestie and your (Lo:) and
wee are in a soleme way bound to manteine inwiolable. Wee acknouledge
that the Kings Maiestie and your (Lo:) are the laufull authoritey
of the land, to quhome wee shall be most willinge and redey to giue
obedience in all wich wee shall be commandit, according to the will of
God; or if in aney thinges your commands shall fall out to be contraire
to that reule, wee shall patiently, in the Lords strenthe, submitt
ourselue to aney ciuill censure that ze shall thinke fitt to inflicte
vpone ws.

  _Sic subscribitur_,

  Mr JAMES GUTHRIE,
  Mr DAUID BENNETT.

[13 March.]—The appeall giuen into the Com: of the Generall Assembley
be Mr James Guthrie and Mr Dauid Bennett, with ane letter from the
Committee of Estaits to the said Mr James and Dauid, of the 14 of
Februarij, with ane other letter lykwayes to them of the 19 of
Februarij; togither with the said Mr James and Dauid, ther tuo anssuers
and protestations therto, bothe of the 22 of Febrij: in seuerall
papers, read in parliament, and giuen vpe to Mr Thomas Hendersone.

Monday, 17 Martij. 4 dies parliam: Rege presente.—Remittes to the
Committee for the Conference to conferre with the Commissioners of the
Generall Assembley, anent the othe to be takin by all the officers of
the armey.

Wedinsday, 19 Martij. 6 dies parlia: Rege presente.—Petitione from the
Com: of the Generall Assembley to the King and estaits of parliament,
read.

The Kings Maiestie and parliament, after weinng of the quere after
speit, viz. wither or not it be sinfull and vnlawfull, for the more
effectuall prosecutione of the publick resolutions for the defens of
the causse, King and kingdome, to admitt such persons to be members
of the Comittee of Estaits, quho are nou debarred from publick trust;
they being suche as haue satisfied the kirke for the offences for wiche
they were excludit, and are since admitted to enter in couenant with
ws? This quere ordred to be sent to the Commissioners of the Generall
Assembley, wiche accordingly was done by the Earle of Eglintone.


Perth, 20 March, 1651.

  _A shorte Exhortation and Varning to the Ministers and Professors of
  this Kirk, from the Commissions of the Generall Assembley._

The eminent danger of religion, Kinge and kingdome, by the vniust
invasione of the blasphemous sectariean armey, the sade conditione of
our countreymen in the southe pairts of the kingdome, groning wnder the
griuous oppression of strangers, deuoringe ther substance and enslauing
ther persons; the sade silence in maney congregations, quhosse teachers
are driuin into corners by the violence of the enimies, contemners of
Gods ordinances, and mockers of his messingers; the adwersaries roring
and making a strange noisse in the midest of some congregations; the
ineuitable hazard of our deir brethreen to be seduced into pernitious
heresies and errors, by the decetfull practisses and speaches of
sectaries, that ar coming to deceaue and speake lies in hypocrasie; the
innocent blood of our brethreen, murthered by the suord of a merceyles
enimey; the sighing of the prissoners, inhumanlie and creuelly wssed
by thosse quho keepe them prissoners; the caire of preseruing our
posteritie from being sunke wnder the darke dungeon of error, and
fast bound with the heauey chaines of bassest slauerey, do cray so
loud in the eares of all quho haue eares to heire, and a heart to
wnderstand, to be awake and quickned wnto the necessarie deutie of
the tyme; that it is ane wounder that aney Ionah should be found fast
asleep in so grate a storme, wherin this kirk and kingdome are lyke
to be ouerquhelmed: zet the constancie of our deutie, accordinge to
the trust committed to ws, and the carriage of some, quho, opprest
with a lethargie, lye still, or seassed vpone by a benuming coldnes,
moue slowlie; or caried aboute with the vind of strange doctrine, as
children are tossed to and fro, and moue contrairlie; constraine ws
to lift vpe our voyces, and from the watch touer quherone wee are
sett, to giue varning to the professors and ministers of the gospell
througheout the land, and to waken them vpe to ther deutey, as they
wold awoyd the displeasure of the Almightie, and escape the deserued
punishments and censures, wich may be inflicted by judicatories, ciuile
and eeclesiasticke, respectiue, vpone deficiences in, and delinquents
aganist deutie, according to the degree of ther offence. We exhorte all
men vnto repentance, to returne from the eiuell of ther thoughtes and
wayes, and to mourne after the Lord; coming to him through the Mediator
of the new testament, by quhom wee haue ane attoinment through faith in
his blood. It is more then heighe tyme for all to be humbled wnder the
mightie hand of God, quho hath cast ws doune, and is able to raisse ws
vpe againe, quho hath woundit, and is able to bind vpe our wounds. To
this effecte, wee haue appoynted a soleme day of fast and humiliatione,
for the causses sent to the seuerall presbeteries.

It is the deutie of the members of this kirke, and subiectes of this
kingdome, at this tyme, most cheirfully, wnanimously, and spedily to
come out, and concurre in the comon defence of religion, King and
kingdome; endangered by the wniust invasion of forraners, according to
call and command of authoritie. Let it be seriously layed to harte,
how muche blood is spilt; how maney tounes and shyres are spoyled; how
miserablie our brethreen are distressed and oppressed; how muche the
comon enimey is strenthned, quhill you be only preparing for releiffe;
quhatsoeuer is done to the least of them for this causse, is to be
takin as done to ws all in generall, and eurey one of ws in particular,
according to the expresse word of the nationall couenant; and in pleine
tearmes, wee are oblidged by the soleme leauge and couenant, to assist
(wich necessarly imports concurrence) and defend all that enter the
leauge and couenant, in the manteining therof. Wee obtest and exhorte
you, for the intrest wee haue in the comone adwenture of thesse riche
goodis, our liues, our liberties, our King, our religion, wich are
all embarked in one bottome, that ze abandon not the schipe of the
comonwelthe in this tempest; for if the schipe perishe, quhat can be
saiffe that is within. If you tender true religion, you see how the
sectaries shew themselues plaine enimies therto, and manteine that
impious monster of tolleration, thoughe religion wer not the question.
Let loyalty to your King, the onlie King in the world quho is in a
religious couenant with God and his people, animat you aganist thesse
quho are his enimies, becausse he is a King, and becaus couenanted.
Cast not offe the caire you ought to haue of your countrie, wich you
see manifestly and violently ruined befor your eyes. If thesse will not
moue you, (wee speike the language of our worthey reformers, in the
lyke caisse of invasione by forraners) remember your wyffes, children
and posteritie, your antient heritages and housses; and be sure thesse
strangers will not regaird your rights, quheneuer occasione shall
serue. And if ye purpois (as wee doutt not bot all thesse quho haue
ather witt or manhood will declare, and proue indeid) to brooke your
ancient roomes and heritages, defendit valiantly by your courageous
progenitors aganist all strangers, inwaders of the same, (suche as
the sectaries are this day); if you will not be slaues to them, and
haue your lyues, your wyffes, your children, your substance, and
quhatsomeuer is deare wnto you cast at ther feette, to be wssed and
abussed at the pleasure of strange shouldiers; if ze will not haue
experience some day in your auen persons, (as wee suppose the least of
you wold not gladlie haue, but wold rather chusse with honor to die
in defence of his auen natiue roume, then liue and serue so shamefull
a seruitude); then, brethreen, ioyne with the forces of the kingdome,
and both with witt and manhood opposse the comon enimey, or els our
libertie shall be heirafter deirer bought. Lett non be so vnhappie and
mischiwous, and so withdraw himselue heirfrom.

Except men will blot out of ther heartes the loue of religion, cast
offe loyalty to soueraine authority; and lay assyde all caire of ther
countrey, lawes, liberties and estaits, zea, all naturall affection to
the preseruatione of quhatsomeuer is deirest to them wnder the sune,
(all being in a visible danger of ruine and destruction) they must
now or neuer appeire actiuely, eache one streaching himselue to the
wttermost of his power. It is no tyme now to delay nor goe about the
bussines by halffes, nor be almost but altogider zealous. The Scripture
prononceth him accursed, that doeth the work of the Lord negligently,
that cometh not forth to the helpe of the Lord aganist the mightie.
If wee haue beine forward to assist our nighbour kingdomes, shall wee
neglecte to defend our owen? or shall the enimey of God be more actiue
aganist his causse, then his couenanted people for it; God forbid! If
the worke shall now miscarey and faill in our handes, throughe our
wnfaithfullnes, our auen consciences shall condeme ws, and posterity
shall cursse us. Who knowes, bot if wee stand stoutly and steadfastly
to it, the Lord may zet command our deliuerance, and shew ws his
saluation.

Lett all sortes, both of heighe and low degree, in this kingdome,
call to mynde ther soleme couenants; and namlie, that artickell of
our national couenant, wich oblidgethe ws not to stay or hinder aney
such resolution as by comon consent shall be found to conduce for the
endes of the couenant, bot by all meins to further and promoue the
same; wich layeth as a bond vpone peoples consciences, reddely to
obey suche orders as by the publicke resolutione of the parliament,
and Commissione of the Generall Assembley, are found necessarey for
the prosecutione of the warr; and that artickell of the soleme leauge
and couenant, wich oblidgethe ws not to suffer ourselues, directly nor
indirectly, by quhatsomeuer combination, persuasione, or terror, to be
dewydit and withdrawin from this blissed wnion and coniunction, or to
make defectione to the contrarey pairt, or to giue ourselues ouer to
a detestable neutrality in the causse; according to wich artickell,
mens reality and integrity in the couenant will be manifest and
demonstrable, als weill by ther omissions as commissions: by ther not
doing good, as by ther doing euill. He that is not with ws, is aganist
ws, and he that gathreth not with ws, scattereth. Since euerey mans
not adwenturing his persone, not sending out thesse that are wnder his
power, according to publicke order and appoyntment, and not paying the
contribution imposed for mantinence of the armey, haue beine formely
esteimed a ground of judgeing men enimies, malignants, and couenant
breakers, wee vishe it may be the caire of all to shune the wayes that
may bring them wnder thesse foull charecters, and quherby they may rune
themselues wnder the hazard of the displeasure of God, and censures of
the kirke, and no doubt of ciuil punishment also to be inflicted by the
stait.

Lett ministers, an the messingers of the Lord, sture vpe others,
both publickly, by free and faithfull preaching, and priuatly, by
admonishing eurey one of his deutey, as ther shall be occasione,
considringe, that silence in the publicke causse, especially in
publicke fastis not laboring to cure the dissaffectione of people; not
vrging them to constancie and patience in bearing of publick burdens,
nor to forwardnes in the publicke causse; that speaking ambigouslie,
inclyning to justifie the wicked causse, wtring wordes wiche sauor of
disaffection, complaining of the tymes in suche a way as may steall
the heartis of people from being good instruments in this worke, and
consequently from Gods causse; that some reiding publicke orders, and
speckes aganist them in priuat conferences, are reckoned vpe amongest
the enormities and corruptiones of ministers in ther callings. By the
Generall Assembley, 1646, sess: 4.

And becausse the Commissione of the Generall Assembley, in ther
remonstrance to the Conuention of Estaites, 6 Julij, 1643, teaching all
trew patriotts and professors of the reformed religion, that they may
learne to know and descerne the enimies of the kirke, amongest other
markes of malignancey giue this ther offring to presbeteries, in all
the quarters of the kingdome, papers contrarey to the declarations of
the Commissioners of the Generall Assembley. The Generall Assembley,
1645, in ther seasonable warning, 12 Februarij, gaue thesse characters
of secrett malignants and discouenanters, ther slighting or censuring
of the publicke resolutions of this kirke and stait; ther laboring to
raisse jelosies, diuisions, to retarde or hinder the executione of
quhat is ordained by the publicke judicatories; ther censuring and
slighting of thesse quhom God hath wsed as his cheiffe instruments
in this worke; ther drawing of parties and factions for weakning of
the comon vnion; ther endeworing informations and sollicitations,
tending to weakin the hartis and handes off others, and to make them
withold ther assistance from this worke; enioyning such to be weill
marked, tymly discovered, and cairfully awoyed, lest they infusse ther
counsells into the mynds of others, quherin they requyre ministers to
be faithfull, and presbeteries to be vigilant and impartiall, as they
will anssuer the contrarey to God, and to the Generall Assembly, or
ther Commissioners. The Generall Assembley, 1646, sessio 10, ordaines,
that besydes all vther scandels, silence and ambiguous speaking in the
publicke, muche more detracting and disaffected speiche, be seasonablie
censured. The Generall Assembley 1647, sessio 27, doeth, in the name
of God, inhibit the spreding and dispersing of erronious books or
papers, pamphletts, lybills and letters, requyring all ministers to
warne ther flockes aganist suche bookes in generall and particular;
and particularly aganist suche as are most plausable, insinuatting and
dangerous; and ordaines presbeteries and synodes to tray and processe
suche as shall trangresse; recommending to ciuile magistrats, that they
may be pleassed to be assisting to ministers and presbeteries in the
execution of this acte, and to concurre with ther authority for that
effecte.

Therfor, for execution of the forsaids actes of Assembley, and
preuining the emminent danger of religion, the people of God, and
the kingdome, by practisses leading to encourage the heartis and
strenthen the handes of enimies, in prosecutting ther wicked practisses
and purposes, to make fant the heartis and enfeeble the handes of
Gods people, and to seduce ther myndis with diuisiue and seperating
counsells and principalls, according to the power and trust committed
to ws, and according to the practisses of former Commissions of the
Generall Assembley: Wee doe, in the name of God, inhibit and discharge
all ministers to preache, and all ministers and professors to detracte,
speike or wreatt aganist the lait publicke resolutions and papers of
the Commissione of the Generall Assembley, in order to the calling
furth of the people for the necessarey defence of the causse and the
kingdome aganist the uniust invasione of thosse enimies to the kingdome
of God, and to the gouernment of this kirke and kingdome; ore to spred
and disperse letters, informations, or aney other papers aganist the
same; or in aney other way to obstructe that seruice, tending to the
preseruation and defence of religione, King and kingdome: requyring
ministers to warne ther flockes of thesse papers in generall, and
particularly suche as are most plaussible, insinuating and dangerous;
and wee doe seriously recommend to presbeteries, that with all
vigilancey, they take special notice and trayell of such persons
within ther bounds, wither suche as haue ther station ther, or suche
as, in this troublesome tyme, haue ther present residence, ministers
ore others, and impartially proceid aganist them, as they will be
anssuerable; and to report ane accompt of ther diligence herin to this
commissione, from tyme to tyme.

Thoughe our difficulties be maney and growing, zet quhen wee looke
backe vpone the grate thinges wich God hath done for ws and for our
predecessors, and our manifold deliuerances out of seuerall dangers
and difficulties wich appeired insuperable, experience breides hope.
Our fathers trusted in God; they trusted in him, and he did deliuer
them; they crayed wnto him, and wer deliuered; they trusted in him, and
wer not confounded. Let ws wait vpon him, quho hydeth himselue from
the housse of Iacob; let ws cray wnto the Lord of Hostis, quho hathe
deliuered ws, and doeth deliuer ws; and in him lett ws trust that he
will zet deliuer ws; though for a small moment he hath forsaken ws, zet
with grate mercies he will gather ws. He quho hath shewed ws grate and
sore troubles, shall quicken ws againe, and shall bring ws upe again
from the deipthes of the earthe; he shall encrease our strenthe, and
comfort ws on eurey syde, aganist our feares one eaurey syde; onlie
be stronge, be of good courage, be of one mynde, and according to the
worke of the Lord, and the God of love and peace shall be with you.

  _Sic subscribitur_,
  W. KER.

[20 Martij.]—Ordred that it be putt one the Commissione of the Generall
Assembley, that Stirling receaue no præiudice by Guthrie and Bennitt,
ther preaching, or ther being ther.

[21 Martij.]—Ordred that a barrone and a burgesse goe with the Earle of
Eglinton to the Commissione of the Kirke, and enquyre for ther anssuer
to the quere proposed by the parl: to them.

[22 Martij.]—The Com: of Generall Assemblies anssuer to the parliaments
quere, reed; being a delay of a full anssuer to the said quere, wntill
ther be a more frequent meitting of the said commission; zet in ther
paper, they desyre the King and parl: to admitt vpone ther counsells,
all bot some few as haue beine pryme actors aganist the stait, &c.

Saterday, 29 Martij. 14 dies parl: Rege presente.—Ordred that my
Lord Chanceler and my Lord Balcarras draw vpe a letter to be sent to
the Commission of the Generall Assembley, that they wold haist ther
meitting for remouing that obstikelle and scruple of taking in all
remoued by the acts of classis; and that ther may be a generall vnity
in the kingdome.

       *       *       *       *       *

  _The anssuer of the Commission of the Generall Assembley to the paper
  sent to them for the King and parliament, concerning Mr James Guthrie
  and Mr Dauid Bennett._

  Perth, 18 Martij, 1651.

The Commissione of the Generall Assembley hauing receaued first from
Mr James Guthrie and Mr Dauid Bennett, ministers at Stirling, and
afterward from the Kings Maiestie and parliament, tuo protestations
made by thesse brethren aganist the proceidinges of his Maiestie and
the Committee of Estaits with them, in relatione to the securing of
Stirling from aney danger wiche might ensew therinto, by the doctrine
and carriage of the said brethren, contrair to the present publicke
resolutions, in relation to acting for defence of the kingdome and
causse against the publicke enimey; and being desyred by his Maiestie
and parliament to giue ther adwisse and oppinione, wither the Committee
of Estaits, in ther proceiding with ther brethren, hes done aney
thing preiudiciall to the preuiledges and liberties of the kirke; to
vindicat the publick resolutions of kirke and stait, in order to acting
aganist the enemie, from the imputatione layed therone in the forsaid
pretestations; to giue ther oppinione, wither the Committee of Estaits
hes wronged ther brethren, contrair to the law of nature, the law of
God, and the lawes of the land, by ordring them to remaine at Perth or
Dundie, wntill his Maiesties returne from Aberdeine; that in a more
full meitting of the committee it might be determined quhat should
be done further with them, in relatione to the saftie of Stirling;
and finally, to giue ther adwice quhat now shall be done further to
the presenters of the forsaid protestations, for the securing of the
garisons of Stirlinge. Therfor the commission, hauing takin to ther
consideratione the forsaid protestations, and being informed of the
proceidinges of the committee with the presenters therof, haue thought
fitt, in obedience to the desyre of the King and parliament, and for
the discharge of the trust comitted to them, to giue this declaratione
and anssuers followeth:—

1. That they find it a thing lawfull for ministers, citted and
compeiring befor the ciuile magistrate, vpone matters relatinge to
ther doctrine and carriage in ther ministeriall dewties, to protest,
that ther compirance be with preseruation, and without all preiudice
of the liberties and preuelidges of the kirke and of the ministers of
Christ, in thesse thinges that relate to the doctrine and deuties of
ther ministeriall function; and that the forsaid brethren compiring,
vpone matters of that kind, befor the committee, had no wayes faylled
in doing so, had they contented themselues with a simple protestation
to this purposse.

2. That they doe not find that the Kinges Maᵗⁱᵉ and Committee of
Estaits, in requyring the forsaid brethren to compeir befor them,
or the Committee of Estaits, in ordaining them to stay at Perth
or Dundie, wntill a fuller meitting of the committee, haue not
trenched or incroched vpone the liberties or preuilidges of the
kirke, or wronged the same in aney wayes; for, first, quheras, in the
first protestatione, made vpone the King and committees requyring
the brethren to compeir, and ther compirance, the ground of the
protestation is layed doune to be, that they wer citted vpone a
naratiue relating to ther doctrine and ministeriall dewties, and that
the judicatories of the kirke are the only and competent judges of
thesse thinges. These is so far from evidencing aney incrochment made
by the King and committee vpon the preuilidges of the kirke, that one
the contrarey, as thus layed doune, without aney qualificatione, it
importeth a grate wronging of the iust right of the ciuill magistrat,
as if it wer not proper to him in aney caisse to judge of thesse
matters, which is contrair to the doctrine of the quhole Reformed Kirke
in generall, and particularlie of this Kirke of Scotland; to witt, that
the ciuill magistrat hes power and authoritie, and is oblidged, in his
ciuill and coerciue way, to censure and punishe idolatrie, schisme,
vnsound doctrine, ministers neglecte or perwersues in doing ther
ministeriall deuties and functions: and if he may and ought to censure
and punishe thesse thinges, may he not citte ministers to compeir befor
him, vpone ane naratiue relating to thinges of that kynd, without
encrotching or wronging the liberties and preuelidges of the kirke?

The Generall Assembley of this Kirke, in Aᵒ 1647, in ther approbatione
of the 8 heades of the 3 propositions, (wich wer recommended to
be examined by the theologicke faculties for a more particular
approbatione of the assembley) holdeth furthe, that notwithstanding
the ecclesiasticke gouerniment is intrusted and committed by Chryste
to the Assemblies of the Kirke, &c. &c. zet the ciuill magistrat ought
to suppresse, by corporall or ciuile punishment, suche, as by spreding
errors or heresies, or by fomenting schisime, gratly dishoners God,
dangerously hurte religion, and disturbe the peace of the kirke; and
the same propositions proposed, holdethe furthe, that the orthodox
kirkes beleiue, and doe willinglie acknouledge, that eurey lawfull
magistrate, being appoynted the keper of bothe the tables of the
law, may, and ought, cheifflie to take caire of Gods glorie, &c.; as
lykwayes, to punnishe als weill atheists, blasphemers, heretickes, and
schismaticks, as troublers of justice and ciuile peace; and propo:
63, the same sin, in the same man, may be punished one way by the
ciuile magistrat, and ane vther way by the ecclesiasticke power; by
the ciuile power, wnder the formalitie of a cryme, with corporall or
pecuniall punishment; by the ecclesiasticke pouer, wnder the notion
and nature of a scandall, with spiritual censure, euen as the same
ciuill questione is one way handled by the magistrat in the senat,
and ane other way by the ministrie in the presbeterie. See also the
lait Confessione of Faith, in the head of the ciuile magistrat, and
Didoclauius, in his Altare de primatu regio; and Mr Rutherfurd, in
his dew right of presbeteries, is werey full and cleir; as page 287,
A pouer external obiectiue about kirke matters, as to causse kirkmen
doe ther dewtie, is proper to the magistrat; page 393, in his 3d
conclusione, especially 394, The King is not only to punishe quhat
is contrair to externall quietnesse, bot also quhat is contraire to
supernaturall happinesse of the kirke; for he is to take vengance vpone
blasphemers, idolators, profest vnbeleiuers, neglecte of religious
administratione of sealls, and the eatting and drinking damnation at
the Lords table; and page 397, The King, as a nursinge father, aught
to see that the chyldes milke be good and quholsome, thoughe it come
not out of his auen breist, so that it seimeth werey strange that the
magistratts requyring thesse brethren to compeir vpone a narratiue
relatinge to ther doctrine, &c.; and the alledgeance that the magistrat
is no proper iudge in suche matters, should be made the ground of the
protestation, as if the magistrat could in no wisse lawfully, as a
judge, interposse himselue in matters of that kynd. If to all this the
brethreen should say, that quhat they seike of being citted vpone a
narratiue relatting to ther doctrine and ministeriall dewties, &c. and
the King and committee as not being proper judges in thesse thinges,
as the ground of ther protestatione, they meane it in a way antecedent
to the kirkes judgeing. To this it is ansuered, that it is trew indeid
that the magistrat ought not to judge ministers in the matters of
ther doctrine and ministeriall dewties, by ane antecedent judgement;
bot first, ther is not one sylable of this qualification wssed in all
the first protestatione made vpone the citatione and compirance befor
the committee. Secundo, the committee hes not proceided with them
in a way antecedent to the kirke judicatorey, quich is the cheiffe
thing to be obserued for cleering bothe the requisition and the
committees ordinance for ther abyding in this toune or at Dundie from
the imputatione of incrotching vpone the liberties and præuilidges of
the Kirke; for quheras the Commission of the Generall Assembley hes
not only giuen ther judgment in poynt of conscience concerning the
coursse to be takin for acting aganist the publicke enimey oppressing
the land by wniust violence, bot also finding that thesse brethreen
wer preaching aganist that publicke resolutione, to the hindring and
obstructing therof, and making a dangerous diuision in the kirke and
kingdome; and being desyred by the last sessione of the parliament to
take some coursse for preuenting the danger, by vssing diligence to
satisfie the brethreen, and inducing them to concurre, at least not
to hinder the publicke resolution. The commission had accordingly, at
St Andrewes, takin paines for satisfing them; and not hauing obteined
that, had judicially desyred the brethreen not to speike or doe aney
thing to the hindering or obstructing acting according to the publick
resolution; and quheras the brethreen had protested aganist that desyre
of the commission, and appealled to the Generall Assembley; and the
commission, according to the command of the parliament, had made knouen
to the Committee of Estaits the quhole proceiding at St Andrewes: how
can it be said that the committee hes takin aney antecedent judgement
vpone them in this matter? or how can it be sayed that ther hes
not preceidit ane antecedent judgement of the kirke, so far as is
sufficient for the magistrat, in ane orderly way, to interposse his
authority, that the brethreen may not, by ther preaching and doing
contrair to the publicke resolution, make aney diuisione in the kirke
and kingdome, or endanger the same, to the violence of the enimey?
Tertio, lett it be considered, that the Kinges Maiestie being bound
to follow, not only the judgement of the Generall Assembley in maters
that concern religione, bot also of the commissione in the interwalls
of the Assembleis; and now, quhill in prosecution of the aduice of the
commissione, he and the estaits are follouing ane necessarie dewtie
for preseruation of the kirke, kingdome, liberties, liues, and all
that is deire wnto ws; and they find the commissions desyre to thosse
brethreen aganist ther preaching, to the obstruction of the publicke
bussines and resolutions, protested and appealled from, and a publicke
profession made by the brethreen of ther purpois to continew still
preaching, contrair to ther resolutions, to the slakining of the hands
of the people of God in the land, and strenthining of the handes of
the enimey; shall it be judged wnlawfull for the King and the estaits,
or counted ane encrotching vpone the liberties and preuilidges of the
kirke, to doe so much as requyre thosse brethreen to compeire befor
them, or to ordaine them to abyde some tyme at distance from ther
chairge, for restraining this euill, and preuenting so grate a danger
as might ensew vpone it? Nay, certainlie wee cannot bot conceaue it
rather ane adding of the magistrats auxiliatorie and cumulatiue power,
for strenthning the kirke judicatorey. As to that, the brethreen
sayes they haue not bein befor conveined befor aney ecclesiastick
judicatorey, nor conwicted for breache of aney ecclesiastick acts; for
the first, wee say, tho they wer not conveined by a summonds, a more
tender respecte being hade towardes them, yet wer they delt with by a
kirke judicatorey vpone the matter in hand.

And for the second, lett it be considered, if ther publicke
acknouledgement of preaching against the publicke resolution of the
commission, and protestation aganist the commissions desyre to absteine
therfra, and professed resolutione to continew therin, to the dewyding
of the people of God in this land, and obstructing the seruice for
defence of the kingdome and causse, be not equivalent.

Tertio, The commission does find that the brethreen, in ther first
protestation, renewed and owned againe, in the quhilke they make a
profession of ther willingnes to render a resson for ther wretting
to the commission, &c. a foull and most wniust aspertione to charge
the commissione in going in a contrarietie to the word of God, to the
soleme leauge and couenant, our wowes, engagements, declarations,
fastinges, in a coursse destructiue to the couenant and causse of God,
and prouoking of the eyes of the Lordes glorie.

2. The chairge is most wniust, for how shall it be made out that the
resolutione of the commission involued a coniunctione with a malignant
partey, wiche alledgeance is the fundatione of all the rest? Does
not the resolutione of the commissione expressly except suche as
continew obstinat enimies to the couenant and causse? that is, suche
as continew in malignancey, or are aney quho haue beine one malignant
coursses, admited to our knowledge, or with our approbatione, bot
suche as giue satisfaction for ther offence; and how can or aught men,
renuncing ther malignancey, satisfing for ther offence, giuing therby,
according to the ordinances and reuells of the Generall Assembley, be
still reput malignants? and how can a coniunction with them, after
suche satisfactione, be counted a coniunction with malignants, or
the malignant partie? Quhay should the Gen: Ass: prescriued reuells
for receauing such as haue beine vpone malignant courses, if the
purposse of the kirke was not to admitt them to repentance, and if to
repentance, certainly to all the ordinances; and if to ordinances,
quhat shadow of reason can ther be not to admitt them to fight for ther
liues, religion, King and countrie? especially one of the particulars
prescriued in receauing of them, be the renewing of the leauge and
couenant, wich layeth vpon them to defend religion, &c. all persons
that hes beine in a way of malignancey, will ather satisfie not. If
they satisfie according to the acte of the Assembley, they must reneu
the leauge and couenant, and be admitted to the ordinances; and so,
by far grater resson, to fight in defence of the kingdome, &c. _If
they satisfie not_, (as they will neuer be accounted to satisfie by
the commissione, wnlesse they doe it according to the reuells of the
assembley,) they are to be excommunicat, and so are excludid by the
resolutione of the commission.

Tertio. This aspertione heire is cast vpone the commission vithout
aney necessity; ther protestatione wold haue beine full and compleit
aneuche, tho nothing of this had beine insert; for quheras the letter
of the King and committee sent to the brethren, requyring them to
compeire at Perth, makes relatione to ther wretting a letter to the
commission contrair to the publicke resolution, and ther protesting
against, and appealling from the commission at St Andrewes, (in
order to wich relatione, the brethreen takes occasion to insert all
this protestation,) that was not intendit as a matter they wer to be
challenged vpone by the Committee of Estaits, bot only sett doune as a
ground quhervpone the committee perceaued they wer resolued to continew
in ther preaching aganist the publicke resolution; and that therfor the
committee behoued to see to the securing of Stirling, from the danger
wich might ensew vpone ther protestation; bot to cast ane aspertion
vpone the commissione, in all papers that should flow from them, vpone
the proceidinges of the kirke and estaits with them.

Quarto. That wee not being judges in ciuile matters, cannot determine
wither the Committee of Estaits, in ther order of proceiding with the
brethren, and ordaining them to abyde at Perth or Dundie, wntill a
fuller meitting of the committee, hes wronged them in aney preuiledge
dew to the subiects, by the law of nature ore the lawes of the land;
and wee doubte not bot the Committee of Estaits will endeuore to cleire
ther auen proceidinges.

Quinto. That nather is it competent to ws to giue ane adwysse quhat
should be furder done by the King and committees in relation to ther
forsaid brethreen, for securing of Stirling from the danger that
may ensew vpone ther opposing the publicke resolutions; onlie wee
expecte, and are confident, that his Maiestie and estaits, as they haue
begune, so they will continew to deall with thesse brethreen with all
tendernes, in sua far as may consist with the security of that place
wherin they shall be, and preseruation of the causse and kingdome.

  _Sic subscribitur_,
  A. KER.

       *       *       *       *       *

1 Maij.—The parliament that wes adiorned wntill the 17 of Apryle this
zeire, wes adiorned againe wntill Wedinsday, the 21 of Maij.

In Apryle, this zeire, the Commiss: of the Generall Assembley mett at
Falkland; they wrett letters to the Committees of Estait and for the
Armey, that they wold now leaue the particulare intrests, and joyne
cordially aganist the publicke enimey, and emitted a declaration for
that purpois; and appoynted a meitting at Stirling, one Tuesday the 13
of Maij, to giue their oppinion anent the lawfulnes of the acte of
classis, and if without sin it might be reschindit or not.

The 6 of Maij, ther was a grate meitting of the Committee of Estaits
at Stirling, quherin the electing of the Earle of Calender to be Felte
Marishall of the Armey, that had now ioyned himselue to the Campbells,
wes waued and putt offe; and 2 Generall Maiors of Footte chosen, viz.
Collonell Pitscottey, and Dalzell of Binns. At this meitting, lykwayes,
it was ordained that the Committee of Estaits shoulde not medle with
the adiorning of the parliament, wntill the 20th of Maij instant, at
wich tyme ther was a frequent meitting of the said committee appoynted;
and then the Commission of the Generall Assembley wold present ther
oppinion anent the acte of classis....

Oliuer Cromwell, with his armey, being at this tyme in Glasgow, had
a conference with 8 ministers, anent the lawfulnes of his engagement
aganist this countrey and kingdome; he gaue them some papers, wich
they anssuered ex tempore, and proued to his face his periurey and
breache of couenant and leauge, and his sinfull rebellion and murther,
contrair to [the] expresse word of God, and leauge and couenant suorne
by himselue and most of his complices. He toke the morrow at 3 in
the afternoone to his furder conference with them; and maney of his
cheiffest officers did openly acknouledge, they were conuinced in
reson, and neuer till now did see the weeknes of ther auen grounds.
In place of keiping the appoynted meitting, (seing a fyre to begin to
kindle amongest his auen) aboute midnight that same day, he commands
all his armey presently to marche, wnder the paine of death, backe
towardes Edinbrughe; and empties all his garisons be west Linlithgow;
sends his horses towardes the Border, and with grate haist, with his
footte, returns to Edinbrugh and Leith; and is now bussie in repairring
the breaches of Edinbrughe castle.


  _Mr Robert Blair, his animadwersions one the remonstrance emitted by
  the vesterne forces, Octob: 1651._

Ther is no questione maney sade truthes ar layed doune in the
remonstrance, vsse quherof wold be made, and remeid therof wold
be sought in a right way; bot wnder the pretext therof to make a
secessione from the publicke counsells and forces of the kingdome,
and to gratifie the wicked inwader of the land, by laing opin
the nakednesse of the reulers, exageratting eurey miscarriage or
appeirance, as if they had bein hyred by our enimies to agent
ther bussines, cannot be bot greiuous to the godlie, quho are not
preocupied with preiudices; and this so much the more greiuous, that
the cuning slight of some malcontents, weill acquanted with publicke
consultations, hath intangled not a few gentlemen, werey worthey,
whosse constancey in the causse of God is weill knowen. The continuers
and penners of this peice, perceauing quhat strange and vnbeseiming
language they wer wttering, saw it necessarey to take away maney
obiections that lay in ther way; and that both in the entrey and closse
therof, assining that successe had not altered ther mynd. That they
iudge not themselues free of the causes of the prowoking calamities.
That in vttering thesse thinges, they haue not beine led with the
spirit of bitternes ore desyre to discouer the nakednes of wthers; and
that they haue not the least deseinge to follow the foottsteps of the
sectarian partie, they may weill say (I mein the continuers of the
remonstrance) they had not the least dessinge; for in that essay they
haue out-acted the sectaries. Thesse men did much in order to publicke
good, befor they spake biglie; bot done nothing since, saue that they
haue drawin away considerable forces, raissed at wast charges for
the publicke defence. This speaketh nothing lesse then abandoning to
carrie one ther deseinge in the last wordes of ther paper; and that
ther discoursse may be the more taking, they put one the persons of
thesse quho are speaking ther last wordes, being zet far eneuch from
all danger. It is hard to aney man to judge with quhat heartes and
intentions thesse things wer contriued. I speake not of the gentlemen
and ministers quhom I durst absolue; bot of the proiecters and penners
of this remonstrance. Bot lett ther auen spiritts judge, if the most
reall and cordiall enimies our causse had, wold haue acted wtherwayes,
to pour contempte one ws, and to heatin wndertakings against ws. Iff
ze be all constant in the causse, quhat meinethe the loud bleatting
queries sent to our aduersaries, ane odious cryme, audacious to priuat
persons to correspond withe ane opin enimey, quho haue shed the blood
of Gods people, and receaue anssuers to the same? Iff this concearne
not them all, how is it that they quho are constant and faithfull,
declaire not against suche quho haue falsified ther trust, and quheat
ther tounge against King and committee, quhom they should obey in the
Lord?

17 Julij.—Cromuell past ouer a grate pairt of his armey from Lothean to
Fyffe one Thursday the 17 day of Julij, 1651, at the neucke below the
Queinsferrey, and fortified himselue one the hill betuix the Ferrey and
Innerkethen. He landit without aney oppositione at all in effecte.[450]

3d September.—K. Charles the Seconds armey wes routted and defaitt at
Worchester, in England, one Wedinsday the 3d of September this zeire.

       *       *       *       *       *

Mercurius Scoticus, his diurnall to the 28 of Octob: hes in it this
passage anent the laitt meitting of the remonstrant ministers at
Edinbrughe, this same mounthe:—The meitting of the ministers at
Edinbrugh is dissolued; ther was 66 of them in all. After they had
made a kynd of auricular confession, eurey man for his auen sinns;
some for idolizing the couenant too muche, others for complyance
with the King, &c. ther pryde, ambitione, and other sins, they haue
dissolued; and haue sent some of ther nomber to Glasgow, quher they
intend a prouinciall meitting, in a judiciall way, and will emitt some
declaration or warning. They are werey muche troubled they cannot haue
that power in ciuill thinges, _in ordine ad spiritualia_, wiche they
wer wount to haue in this natione; wnder wiche pretence, they gett all
ciuell pouer quhatsomeuer in ther handes....

In Nouember this zeire, the ministers of the west, that had made and
still manteined a werey grate schisme in the churche, and disawoved the
last Generall Assembley, holdin at St Andrewes and Dundie, sett out
at this tyme a pamphlett called, a Discouery after some search of the
sinnes of the ministers; wich is dewydit in 9 sections, and printed
in Aᵒ 1651, by the brethren of the presbytery of Kilmarnock. Thir
westland renters of the churche held a meitting at Edinbrughe, about
the letter end of this mounthe, by the name of the Commissione of the
Kirke; the pryme actors in it wer the tuo fyrebrands, Mr James Guthrie
and Mr Patricke Gillespie, both of them depriued by the lait General
Assembley at Dundie; to quhom, amongest maney other of the lyke nature,
wes presented by a godly brother, (as they name him,) this famous
paper, consisting of 12 heads:—

1. Our soleme ingagements to dewties, ather out of dark zeall or
policy; and it is conceaued much of both thesse will, after deepe
searche, be found in al our couenant ingagements.

2. The taxing of ourselues, by soleme couenants and othes, to the
perpetuall mantinence of some thinges for wich ther is no warrant from
the word: as perpetuall adherence to monarchy in such a line, and
constant mantinence of the priuilidges of parliament; at least the
clauses of our taxes thesse thinges so ambigously conceaued, that maney
sueare them in the formentioned sense.

3. A fleschly zeall and policy in pursewing and carring one the
couenant and leauge by creuell oppressions, making actes for
constraning all sortes of persons, als weill men of tender consciences
as the most prophaine and grosslie ignorant in the land, to take the
couenant, wnder the hazard of incurring the heighest censures both of
churche and stait.

4. Our preiudices; and that vpon our passinat and bitter invections,
by word and wreatt, publicke and priuat, aganist suche of the people
of God in England, quho had some differences of judgment from ws,
not vsing the gospell way alloued by God for gaining others, houever
carried away with errors; and therfor in the grate justice of God, his
people in the land, quho wer formerlie one, are now so far dewydit in
judgments and affections, that grounds of persecutione are layed doune
and begune by the one aganist the other.

5. The espousing of the malignant quarrells, not only by our own
coniunction with, and intrusting the malignant party, bot also by
intending and concluding a trettey with the Kinge, putting him in the
actuall exercisse of his power, and owning his intrest, albeit all
the tyme of the trettey, and after it als weill as befor it, he did
palpably euidence his disaffectione to the couenant and endes therof;
wherby it hath come to passe, that the quarrell wich the Lord did
formerly plead aganist the King, seimeth to be now tabled at the dore
of churche and staite.

6. The pollutting of the Lords housse and ordinances, by continuing
the vilest of men to be churche members, and to partake of the holy
ordinances of Jesus Christ; so that all the people of the nation are
members of the Churche; quherby the churche of Scotland is become
lyker to a feild of thorns and briars then the wyneyaird of the Holy
One of Israel. Nather could the remoueall of persons scandalows from
a sacrament (wich also is much neglected,) be a sufficient remedy of
this euill, seing beare negatiues are not sufficient to putt a man
in a capacitie to be a churche member, muche lesse to partake of the
sacraments; but besydes are requyred positiue euidences of grace,
so far as to ground a judicious judgement of charity: and from this
error of the actuall constitutione of this churche flowes the sinfull
coniuctions with the malignant party in counsell and armies; for
how can thosse, vpone aney groundes of conscience, be debarred from
ciuill fellowschipe, quho may and ought to be admitted to churche
fellowschipe? and therfor, though our disease may be skinned, zet neuer
cured, till the present constitutione of the churche be helped.

7. The idolizing of men, and receauing doctrines from them implicitly,
not bringing them to the ballance of the sanctuary: ministers medling
with ciuill affaires, both in priuat and judicatories, quherby they
lord it ouer the estaites, and tyranized ouer the consciences of men;
though it is not denayed bot they may and ought to reproue sin, and
that in all sortes of persones, so far as they haue varrant from word
of God.

8. Our not cleiring, bot wreasting the trew staite of the quarrell,
with a vilfull reiecting of all meines for prewenting the sheding of
blood; whill treaties and conferences were not only requyred, bot
refussed, though desyred and offred by the Englishes; throughe wiche it
appeirethe, that the guilte of much blood shed in the lait warre, may
be justly layed to the charge bothe of kirke and stait.

9. The smothring of light, and withdrawing from dewties, wpone the
apprehensione of said euents.

10. Pitching vpone our forme of presbyteriall gouerniment, as the
vtermost attainable perfectione of reformatione.

11. The grate neglecte and creuell oppression of the comons and poore
people of the land, neuerthelesse of our obligations and tayes, in the
couenant, of mutuall aid and assistance one of another.

12. Laboring to carrey one a worke of reformation with so corrupte and
vnsuttable instruments; yea the continuance of persons scandalous, in
eminent places of trust, after ther was cleir euidence that they wer
suche.


1652.

This day, (viz. Friday) 2do Jarij: did brecke vpe the meitting of
some presbeterians, who did meitt at Edinbrughe, in reference to the
satlement of present affaires. It was composed of them quho [are] called
ministers and laymen, quherof Mr James Guthrie was moderator; who, as
he was chosen to moderat, so in his olde wounted presbeterian zeall
wold proceed in nothinge, till first he knew wither aney wer present
who wer accessorey to the sheding of the blood of the saintes. Quasi
wero, he had bein free of aney such thing; thoughe most instrumentall
in drawing one ane ingagement at Dumbar, he may remember his accession
to his spilling of blood at Hamilton; bot wee know the pharisies can
bewaill the death and suffringes of the prophetts, thoughe apte to
persecute Christe and his disciples. It is remarkeable, this meitting
was not called without cuninge, for wpeholding the presbeterian
intreste. The matter is this; about 8 weekes agoe and aboue, some
godlie and weill affected men in this land, taking a coursse (besyde
the preists not heeding them in the bussines) in order to the good of
the nation, vith no lesse purpois then to remonstrat and petitione
(quhosse proceidinges as zet wee houpe shall take effecte) aganiste
coerciue restrainte, and for incorporatting the tuo nations into one
comon wealthe. Bot the presbeterian ministers, with ther grandee,
Wareston, finding this præiudiciall to ther crafte, Demetrius lyke,
called togidder such as wer of ther auen stampe; cuningly breking of
the meittinges of thosse quho intended to bring to naught ther crafte,
in making siluer shrynnes for ther presbeterian Diana, did withdraw
themselues altogider from suche meittinges: the result of wich is
confusione; for nothing is now to be hard after this conuocatione, bot
craying out, “Grate is the Presbetery.”

Now they haue drawin vpe a letter, thoughe with grate debait, not
knowing weill to quhom to send it, ore how to call thosse to quhom they
should directe it, and are aboute to send it to the Generall; testifing
aganist all our proceidinges, and with a full pretence (I should
say, purposse) of suffringe, doe earnistly bege religion in Scotland
may be preserued, and established according to the couenant, wich in
ther accompte is nothing bot presbeterey. Marke ther ingenuity; they
resolue to suffer, and zet wold haue pouer to persecute. Werily, I
thinke, they are justly sufferers, quho goe aboute to be persecutters.
In the interim, I supposse they shall not receaue a satisfactorey
anssuer in petitioning him (viz. Cromwell) aganist quhom they testifie;
this bewrayethe ther policey, thoughe presbeterey be wsullay attendit
therwith. Howsoeuer, as they conueined cuningly, with a full purposse
to manteine their crafte, that ther idol presbeterey perishe not, so
they are dismissed confusedly, craying out, “Grate is the Presbeterey.”
We haue only to adde to it that Warrestone, in face of the meitting,
contrarey to experience, with a full purposse to deceaue the simple,
(Ex vngue Leonem) denayed aney trettey to haue beine offred by
the Englishe, befor Dumbar, to the Scotts. Bot wee know it is a
Matchiuelian policey, fortiter calumniarij.

       *       *       *       *       *

1652.

  _Acts of the Assembly 1652, and other Documents, extracted from the
  Controversial Pamphlets of the Time, but never recognised or printed
  among the Acts of the Church since the Revolution._[451]


No. I.

  _Propositions which were offered to the Meeting of Ministers and
  others, appointed to be keeped at Edinburgh, July 21, 1652._

WHERAS we, and many of the godly in the Land have been really
scandalized and stumbled at their late Acts and Proceedings, relating
to Publick Resolutions concerning the same in the nature and Intention
of the Work, to have obstructed and shaken the Work of Reformation,
(although we think honourably of diverse Godly and Learned men who
have been concurring in the same, and dare not judge their Intentions
to be such as we think their Work hath been, and do allow charity to
others.) Therefore for satisfaction of our conscience, and for securing
the Work of Reformation, for purging the Church, and for promoving the
power of godlinesse, and for removing of these sad differences, and for
attaining and preserving a good understanding, We desire,

That they give evidence and assurance, that they approve of, and will
adhere unto the solemn Publick Confession of sins and engagement to
duties, and all the Acts of the uncontroverted Assemblies of this
Church, concerning the Work of Reformation, in the literal and genuine
sense and meaning thereof. And that in dispensing of the Ordinances,
censuring of scandalous persons, receiving of Penitents, trying,
admitting, removing, and deposing of Church-Officers, they will walk
according to the same. That it be laid seriously to heart before the
Lord, how after such a defection, and so sad judgments for it, the
Lord may be restored to his honor, the Land to his favor, and the like
defection prevented in time coming.

That as we are ready to our station, to follow all religious and
conscionable means and Overtures for securing and guarding the Cause
and Work of God against Error, Heresie, and Schism on the one hand, so
they would hold out to us a solid way for securing the same against
dangers from Malignancy on the other. And we would know what shall be
the Characters in time coming, by which Malignancy may be known and
judged.

That a reall and effectuall course be taken, according to the
established rules of this Kirk, for purging out, and holding out all
such Church-Officers as have not the Position, and qualifications
required in the Word of God, and Acts of this Kirk, particularly, where
Ministers deposed by lawfull Assemblies, have intruded themselves,
or have been unwarrantably restored by Synods and Presbyteries to
their Charges, contrary to the form and order prescribed in the Acts
of Assemblies, be removed, and condign censures inflicted, and that
sufficient Provision be made for preventing the like in time coming.

That after means be fallen upon and followed for censuring of all
scandals and scandalous persons, and casting out of these who shall be
found grosly and obstinatly scandalous or ignorant, after they are made
inexcusable by sufficient means and pains taken for their instructing
and reclaiming.

That some course more effectuall than any hath been fallen upon
hitherto, may be condescended upon, for putting in execution the Acts
of this Kirk, anent debarring from the Lord’s Table such persons who
are found not to walk suteably to the Gospel, and have not knowledge to
examine themselves, and to discerne the Lord’s Body.

That in the receiving of Penitents, care may be had that none be
admitted to the publick Profession of repentance, or reconciled to
the Church, but these who are found to give such evidence of their
repentance, as is exprest in the Acts of the Assemblies, concerning the
receiving of Penitents.

That an effectual course may be taken for securing of the Work and
People of GOD from the harm and evill consequences which hath already,
and may further ensue from the late pretended Assemblies at S. Andrews
and Dundee, and the Acts thereof.

       *       *       *       *       *

No. II.

  _Reasons why the Ministers, Elders, and Professors, who protested
  against the Pretended Assemblies at St Andrews, Dundee, and
  Edinburgh, cannot agree to the Overtures made unto them at the
  Conference, upon the 28 and 29 of July, 1652, &c._

Albeit the Essayes and Endeavors which were used by us, before our
coming hither, for removing of Differences, and attaining of Union and
Peace, upon such grounds as might (indeed) bring forth a discovery of
our, and the Lands Sin, and contribute for removing the guilt thereof,
and for securing and promoving the Work of Reformation amongst us,
might in a great part have acquited our consciences, and cleared us
before the world; yet the deep sense that we had of the many and
great prejudices which do ensue to the Work and People of God, by our
continued Divisions, and our ardent desire of Peace and Union, upon
the grounds foresaid, constrained us to lay hold upon the opportunity
of your meeting together at this time, and to represent unto you, some
necessary and just Propositions, as a fit subject of our conference;
and that we were willing to hear what should be offered by you to us,
in order to these ends; and, that therefore you would forbear to assume
unto your selves the power of, or constitute your selves into a Gen.
Assembly. And when we found this ineffectual, and our Union rendred
more hopeless, by your denying a desire so just and reasonable, and so
agreeable to the practice of former Assemblies, as was instanced before
you by these who knew the records: Nevertheless upon a surmise of a
purpose in you to confer with us, we did for divers dayes wait upon
you, being desirous to have seen upon your part, some serious applying
of your selves to the real means of healing, and to have found solid
satisfaction unto the things contained in the Propositions offered
to you by us: But in place of this, the Brethren who were appointed
by you to confer with some of our number, did intimate unto us, that
all which they had in Commission to make offer of, was, That ye were
willing to take off the Censures inflicted by the former Assembly at
St Andrews and Dundee, and the Censurableness that persons, who have
transgressed against the Acts thereof might be liable unto: Providing,
that these Brethren censured, and deserving Censure, should pass from
their Protestation against the former and present Assemblies, and
judicially before their Presbyteries and Synods, engage themselves
under their hands, not hereafter to deliver their Judgments in
Preaching or Writing, or any way else to hold up the late differences.
Which Overture when it was earnestly desired by these of our number
to be given to them in writing according to their Instructions, not
only because it was divers wayes represented by such of your number as
did confer with them, but also that they might the more perfectly and
better understand the same, and be able to make an exact report thereof
to these who sent them, and mistakes thereupon might be Prevented: It
was most peremptorily refused, albeit most earnestly urged and desired
during the whole time of the Conference: Therefore having set down the
same as truely and impartially as our judgments and memories could
attain; We do for our own vindication, and satisfaction of others, give
these Reasons following, why we cannot accept thereof.

“I. Because there is hereby no remedy at all offered for the course of
defection involved in the Publick Resolutions, nor for preventing the
like for time to come, which is the main ground of difference; but upon
the contrary we are required upon the matter to retract our Testimonies
thereanent, and judicially to give Bonds and Engagements hereafter to
be silent concerning the sin and guilt thereof.

“II. Because our passing from our Protestation doth import a real
acknowledgement of the lawfulness and freedom of the Assemblies in
regard of their constitution, and of power in them to inflict and take
off Censures, and so by our own consent, doth not only retract and
condemn the testimony which we formerly gave against the same, But also
obstructeth the remeading of what is past, and the attaining a lawful,
free, General Assembly for the time to come, and so wreaths about
our own neck, and the necks of the Lords People, the yoke of unfree,
corrupt, and unlawful Assemblies.

“III. Because the offer which is made, though it contains Immunity
in regard of these who have not acquiesced unto, or opposed these
Acts for the time past, yet the Acts of themselves do notwithstanding
thereof, still stand in force, as a ground of persecution against all
these Ministers and Professors, who shall not accept of the conditions
contained in this offer, or thereafter fail in performance of the same.

“IV. Because this offer is so far from reaching satisfaction to all,
or most part of the Propositions offered by us, that it doth not give
satisfaction to any one of them, but pitcheth upon a particular,
which ought to be of least consequence with us, (as importing but our
personal suffering) without taking notice of the Lands defection, and
of those things which do concern the Kingdom and Interest of JESUS
CHRIST, and the purging of his House; and what a sin and provocation
should it be against the Lord, and what a stumbling and grief of heart
unto the godly who have concurred in these Propositions, and after such
a defection, do expect repentance and reformation, and the purging of
his House of corrupt Officers and Members, if we should make such a
transaction, as seems to promise present security to our selves, but
doth not contribute for preserving of the Truth, and attaining a solid
Peace and Union in the Lord.

“V. We cannot see how the passing from these Propositions, and the
taking upon us such Engagements for the time to come as are desired,
should not involve us in the condemning of our own judgments, and in
the acknowledgment of a sin and offence in making these Protestations,
and bearing testimony against the Publick Resolutions, and import that
what is done by you in taking off of Censures and censurableness (as
you term it) is an Act of meer favour and grace upon your part, unto
Delinquents, upon their repentance. And though we hope that we shall
never be ashamed, but esteem it our mercy and glory to acknowledge
any thing whereby we have provoked the Lord, or offended others, yet
being more and more convinced in our consciences, that what we did
in these things was a necessary duty, we dare not purchase immunity
and exemption from Censures at so dear a rate, as to deny the same,
we shall rather choose still to be sufferers, and to wait upon the
issue that the Lord shall give, then to provoke the eyes of his Glory,
grieve the spirits of his People, and wound our own Consciences, by so
unsatisfying and so sinful a transaction.”

And conceiving that, we shall not have the opportunity to speak unto
you hereafter, as being now about to dissolve our Meeting; We do from
the zeal that we owe to the honour of God, and from the tender respect
we owe to you as Brethren, and for exonering our own Consciences, most
earnestly beseech and obtest you, by your appearing before the Lord
Jesus Christ, to give your selves unto Prayer, and searching of your
own hearts and way, in Order to Publick Resolutions and Actings, untill
each of you finde out wherein ye have turned aside from the straight
way of the Lord, and imployed your gifts and power not for Edification,
but for grieving the spirits of many of the Godly, and strengthening
of the hands of the wicked, and to Repent thereof, and to do no more
so, least wrath be increased from the LORD, the Godly of the Land more
offended, and our breach made wider, and our wound more incurable. If
both you and we might obtain mercy of the Lord to know our trespasse,
and why he contends, and to accept the punishment of our iniquity, and
humble our selves before hime, who knoweth but that he might yet have
compassion upon us, and pardon our sins, and heal our Land.

       *       *       *       *       *

July the 28. Ante merid. 1652.

Mr Andrew Cant, Mr Samuel Rutherford, Mr James Guthry, My Lord
Waristoun, Mr Robert Trail, Mr John Nevay, Mr James Nasmith, being
nominated to meet and confer with some Brethren, Members of the present
pretended Assembly, the Instructions following were given them, and
the Meeting doth require and expect, that they will walk according
thereto.

I. That they shall declare to the Brethren with whom they are to meet,
That as they do adhere to the Protestations formerly and lately given
in, so they do protest, that they do not meet nor confer with them, nor
receive any Papers from them, as being in the capacity of Commissioners
of a General Assembly, but onely as sent from a meeting of Ministers
and Elders, Wanting any such Authority.

II. That whatever be offered by the Brethren with whom they do confer,
they desire to get it in writing from them, as the mind of the Meeting
whereof they are Members; That it being communicated to us, Answer may
be given thereunto by our whole Meeting.

III. That they do not engage in Conference with them at first about
the matter of Censures; It being neither the chief nor only ground
of our grievance; and because with us things of that nature, and any
thing of personal concernment, ought to be of the smallest value,
while there are many things in question betwixt them and us, of far
higher consequence to the Kingdom of Christ and his Interest, as anent
the causes of Gods controversie with the Land, and the way of remedy
and cure of the former and late defection, and the way of preventing
the like in time coming. The establishing and promoving the Work of
Reformation, and the purging of the Kirk, and the like, as are laid
before them in our Propositions given in to their Meeting; And that
they do intimate to the Brethren foresaid, that we cannot look upon
an offer relating onely to the Censures, upon some of our number, as
satisfaction to them or us, and that (besides what we have said) for
other reasons to be communicated in due time to their Meeting. And that
therefore they shall offer to these Brethren, and desire of them, that
if there be any Conference at all, the subject matter of it may be upon
the whole Propositions in the order as they stand.

IV. That in case of their refusing the latter part of the former
Article, they shall require and demand from the Brethren of the other
Meeting, That they would declare whether we may expect, that these from
whom they were sent, will either by the said Brethren, or any other
way, give answer and satisfaction to us anent the Propositions, and
what is their sense and meaning of the Publick Resolutions, and anent
the Constitution, Acts, and Proceedings of the Meeting at Dundee, and
of this at Edinburgh, and what they minde to do in reference to the
same.

V. That in case there be not satisfaction obtained in these so just and
necessary things, They do professe their own and our dis-satisfaction
with any thing that hath been offered by them to us, or answered
to our desires first or last. And that they protest for themselves
and us, That as we have sought Peace, and pursued it by all lawfull
and possible means, though much in vain on their part. So we are
henceforth free from the guilt and blame of the sad prejudices and evil
consequences whatsomever, which may follow upon their present way,
and their former and future actings of that nature, so contrary and
destructive to Edification and Peace.

       *       *       *       *       *

  Right Reverend,

We have now for these fourteen dayes past, been imployed in using our
best endeavours, and waited for Overtures from you, for healing the
breach, and, removing the differences that are amongst us; And now
there being no ground of hope given us, nor any desire made unto us
for continuing the Conference, whereby a better understanding might be
attained, We have thought good before our parting from this place, to
send unto you this inclosed Paper, together with the Instructions given
in writing to these who were sent from us to the Conference, the Copy
whereof was offered by them to these who were sent from your number,
and left with them; Both which Papers we desire you to communicate to
those of your meeting. And so we rest,

  Your very loving Brethren in the Lord.

  Edinb. 29 July, 1652.

  _Subscribed in the name of many Ministers,
  Elders, and Professors throughout the Land,
  who desire truth and peace._

  DIRECTED. For the Reverend Brother, Mr David Dickson, Professor of
  Divinity in the Colledge of Edinburgh.

       *       *       *       *       *

No. III.

_An Act and Overture of the Generall Assembly, for the Peace and Vnion
of the Kirk._

Edinburgh. 2 August, 1652. Post meridiem. Sess. 18.

The Generall Assembly being deeply affected with sense of the many and
sad evils and calamities that have already arisen both to Kirk and
State within this Land, by the lamentable divisions and distractions
amongst Ministers and others of the People of God in this Kirk, and
apprehensive of greater evils which may yet follow, to the overthrowing
of the blessed Work of Reformation, (which the Lord, in his great and
speciall mercy, was pleased to set up amongst us, having carryed it
through many difficulties and oppositions,) and to the laying of the
Kirk of God waste and desolat, if these divisions and distractions shal
continue; And being most desirous, as the Servants of Jesus Christ,
who is the Prince of Peace, to use all necessary and lawfull means
(so far as their knowledge and power can reach) for preventing the
encrease of these divisions, and making up of the breaches; And being
firmly resolved, for obtaining of this desirable end, in all meeknesse,
gentlenesse, and moderation, to condescend so far as they can, without
violation of Truth, and of the just authority of the Government
and Courts of Jesus Christ in his Kirk, unto their Brethren of the
Ministery and others of the People of God, who have been this late time
by-past, and are at difference with the Judicatories of the Kirk, for
bringing them to an happy conjunction with their Brethren in unity of
the Spirit in the bond of Peace.

Therefore, for giving an evidence and demonstration of their real
intentions and sincere purpose about the premisses, as they have
already, by some of their number commissionated for that effect,
Declared and made offer to some of these their Dissenting Brethren,
who were here in the time of the Assembly, so now again do Declare
and make offer by this present Act, That the four Brethren, who, by
the preceding General Assembly at S. Andrews and Dundee, were upon
speciall consideration justly censured, for protesting against and
declining the Authority thereof, shal have the censures inflicted on
them by that Assembly for the cause foresaid, taken off them; And
further, that no censure shall be inflicted on them for not submitting
to the foresaid censures; yea, and that no censure shal be inflicted
for their Protesting against, and declining of this present Gen. Ass.
Providing, 1. That they do passe from the said two Protestations
against, and declinators of the two foresaid Assemblies, judicially
under their hand, between and the second Wednesday of November next
ensuing, in their several Presbyteries or Synods respective. 2. That
they also give assurance in manner foresaid, that they shall forbear
holding up divisions by debates about matters of our late differences
since the Assembly 1650, in preaching, writing, or any otherwise.
Likeas the Assembly doth Declare and make offer, that all such as did
concur in, or have been accessory unto the Protestation and Declinatour
against the Assembly at S. Andrews and Dundee, and were not censured,
shall be free from whatsoever censure might have been inflicted by any
Act of the said Assembly, and that no such Act shall have any force
against them hereafter in any Judicatory of this Kirk, and that no
censure shall be inflicted on them for their accession unto the late
Protestation and Declinatour against the present Assembly, Providing
they shall perform the foresaid provisions within the time, and after
the manner therein specified.

And for prosecution of this purpose, the Generall Assembly ordains the
several Presbyteries or Synods of this Kirk to present this offer,
with the Provisions therein contained, unto all such persons as are
before-mentioned within their bounds respective: And in case the
plurality of Presbyteries or Synods shal refuse to propound the same,
the Assembly doth warrand such Brethren as acknowledge the Authority of
these Assemblies, to propound them: and, having made report of their
diligence and successe therein to the next ensuing Quarterly Meeting
of the Commission of the Kirk, if they be then sitting, thereafter
to do as they finde by the rule of the Word of God, and the Acts and
Constitutions of Generall Assemblies of this Kirk, to be most necessary
and conducible for preservation of truth, for procuring the Peace and
welfare of the Kirk, and maintenance of the Authority of the Assemblies
thereof, as they will be answerable to the next Generall Assembly; And
recommends unto them to take advice of the Commission of the Kirk for
their proceeding in any matter of importance of this kinde.

And now the Generall Assembly having out of tender affection toward
their Brethren, and sincere desire of unity and concord with them in
the Lord, and for the Lord, condescended unto this moderation and
meeknesse, do obtest all and every one of them in the Name of Jesus
Christ, and expect, as they tender the preservation of the Government
of this Kirk (which adversaries without and within, taking advantage of
our divisions and distractions are labouring to subvert) and as they
love the establishing and promoving of the Kingdom of Christ in this
Land, and will be answerable to him in the great Day, that they would,
accepting of this offer of love, return unto unity with their Brethren
in their severall respective places and Judicatories, and concur in an
unanimous way, for preserving and promoving the Work of Reformation
in all the parts thereof, and for electing of Commissioners to the
next ensuing Generall Assembly. And if they shall (refusing to accept
this offer) continue to hold up the divisions, the Assembly leaveth it
to the judgement of all the Kirks of Christ abroad, to bear witnesse
if we have not faithfully endeavoured for our part, to heal our
present breaches; and if we shall not be free of the guilt of the sad
consequences that may come to the Work and people of God in this Land,
by continued distractions.

  J. MAKGHIE.

       *       *       *       *       *

No. IV.

Edinburgh, 3 Aug. 1652. Ante mer. Sess. 19.

_Act concerning admitting Expectants to their tryals, and Ruling Elders
to act in Presbyteries and Synods._

The General Assembly having out of their earnest desire of the Peace
and Vnity of this Kirk, condescended upon an Overture of Peace, and
not onely propounded it to some Brethren who were here, opposite to
the Publick Judicatories of this Kirk, But also in pursuance of that
end, Ordained the said Overture to be presented, and offered by the
several Presbyteries or Synods, to all in their respective bounds,
who have Protested against, and Declined, or consented or adhered
unto the Protestations and Declinatours made against this and the
preceding General Assembly, and the conditions therein contained,
to be required of them; And considering the great prejudice like to
arise to this Kirk, by encreasing of our unhappy Differences and
Distractions, if young men shal be admitted into the Ministery, which
shall still blow the fire of contention, and continue in avowed
opposition to, and contempt of the Publick Judicatories, Therefore
Ordains Presbyteries to take special care, that upon the calling
of any Expectant to a particular charge of the Ministery, before
they admit him to his trials, they require him under his hand, to
passe from the Protestations and Declinatours against this and the
preceding General Assembly, if he hath been accessory to the same,
and to promise and give assurance, that he shal abstain from holding
up Debates and Controversies, about matters of Differences in this
Kirk, since the Assembly 1650, in Preaching, Writing, or other wayes.
Vpon the performance whereof, the Presbyterie shall proceed to his
trials; if not, in that case, the Presbyterie shal forbear to proceed
until the next General Assembly leaving liberty to the Presbyterie and
Congregation for planting of the place otherwise. And the Assembly
Ordains and requires, that Presbyteries be not sudden to lay by such
young men as at first refuses or scruples to perform these conditions
mentioned, but that pains be taken upon them to convince them of the
reasonablenesse thereof, and to perswade them to embrace them, and to
give them a competent time for that effect.

Likeas the Assembly considering the prejudice of Elders coming to
Presbyteries for strengthening a faction in opposition to the Publick
Judicatories, Ordains, that Presbyteries shal require the same things
fore-mentioned of every Ruling Elder that comes to sit and act in
Presbyteries; and in case of his refusal, shall not admit him to act as
an Elder in the Presbyterie, but require the Kirk Session from which he
is sent, to make choise of, and send another, who for the Peace of this
Church, shal agree to perform the conditions required.

       *       *       *       *       *

No. V.

_Act for putting in execution former Acts and Constitutions of Generall
Assemblies, anent trying, admitting, removing, and deposing of Church
Officers, censuring of scandulous persons, receiving of penitents, and
debarring of persons from the LORDS Table._

Edinburgh 3 August 1652. Post meridiem. Sess. 20.

The Generall Assembly, considering the obligations that lyes upon
all Ecclesiastick Judicatories and Ministers within this Land, by
the commandment of GOD, and our Covenants and Engagements taken upon
us, before GOD and the World, (whereunto they resolve, in the power
of the LORD’S might, constantly to adhere) and to shew themselves
faithfull and zealous in all their administrations for the LORD, and
for advancing the Work of Reformation; and particularly, considering
that the condition of this time doth require in speciall wayes, that
in trying, admitting, removing and deposing of Church-Officers,
censuring of scandalous persons, dispensing of Ordinances, receiving
of penitents, the Rules of the Word of GOD, and Constitutions of this
Kirk, be diligently put in execution, and accuratly observed.

Therefore,

The Assembly Ordains, That Presbyteries and Synods, in admitting of
Persons to the Ministery, be accurate in their tryals, according to
the Order prescribed in this Church, that none be admitted to the holy
and high function, but such as are qualified according as is required
in the Word of GOD, and Constitutions of this Kirk, both for knowledge
in the mystery of godlinesse, and abilities to teach and convince the
gainsayers, as also in conversation and godlinesse, that they lay hands
suddenly on no man, nor be partaker of other mens sin; and for this
end, that every Presbyterie be careful to have gathered together such
Acts of Assemblies as concerneth the triall of Ministers, and have
them before them, whensoever any person is called to any place of the
Ministery, and is upon his trials.

2. Ordains that Presbyteries and Synods, in their respective bounds,
make conscience, that such Ministers as are found either ignorant and
not apt to feed the people of God with knowledge and understanding, or
erroneous in their judgment in matters of Religion, or are scandalous
in their life and conversation, and are not examples unto their flocks
in godly and holy walking, or disaffected to the work of Reformation,
be censured according to the degree of their offence, and Acts of
Assemblies. And for this end, that they be frequent and accurate in
visitation of Kirks, and therein make consciencious use of the rules
prescribed for visitations, and of such Acts of former Assemblies, as
holds forth the duties of Ministers, and the grounds and causes of
censure.

3. Ordains that, where Ministers lawfully deposed, are unlawfully
admitted, and not according to the Order prescribed in the Acts of
Generall Assemblies, or intrudes themselves into places, Presbyteries
and Synods make use of that power and authority which Christ hath put
in their hands, to remedy the same, and to censure such disorders and
enormities, as they deserve, And that people be not accessory unto, or
concurring with any Ministers that are deposed, in intruding themselves
into places, nor give them any countenance that does so, as they would
not draw upon themselves the wrath of God, by contemning and despising
Christs Ordinance of Discipline, And that no Presbyteries or Synods
proceed to open the mouths of, or re-admit unto the Ministery, any
deposed Ministers, but according to the Order prescribed in the Acts
of Generall Assemblies, As they will be answerable unto the General
Assembly.

4. Ordains that Sessions be carefull that none be admitted to be Elders
in Congregations, but such as are in some competent measure able and
qualified with knowledge of Religion, and understanding of the duties
of their Calling, for discharging the duties of that Office, and of
a blameless, Christian, and godly conversation; And that before any
be admitted to be an Elder, the Persons name that is designed, be
publickly intimate to the Congregation the Lords day before, that
if any have any thing to object against him, they may present the
same to the Session or to the Minister. And that if any Elder be
found negligent in the duties of his charge, and continue so after
admonition, or scandalous in his life and conversation, or to be a
neglecter of the worship of GOD in his Family, he be removed from, and
purged out of the Session.

5. Ordains that Sessions and Presbyteries be carefull, and make
conscience by all means to censure impartially all persons of
whatsoever rank or condition, that are scandalous, either in things of
the first, or in things of the second Table, according to the Rules and
Order which Christ hath prescribed in his Word, and to proceed to the
highest censures, with such as are grossely and obstinately scandalous,
or are ignorant, and contemn, and continuedly neglect the means of
knowledge, as publick and private catechizing, &c. after they are made
inexcusable by sufficient means used to reclaim and gain them.

6. Ordains that Ministers and Sessions in Congregations be carefull, as
they will be answerable to Christ Jesus, to debar from the Lords Table,
all such persons as are found not to walk suitably to the Gospel, and
being convinced and admonished thereof, do not reform; As also all such
as have not knowledge to examine themselves, and to discern the Lords
Body. And that for the more orderly performing of this, the Minister in
examination of the people, have some of the Elders alwayes with him,
and represent unto the Session such as are found grossely ignorant,
that by order of the Session they may be debarred.

7. That Presbyteries and Sessions make conscience, that such persons
as are found scandalous, and are under censure for that cause, be
not received nor absolved from their censure, unlesse they give such
satisfaction and evidences of their repentance, as are expressed in the
Acts of the Assemblies, concerning the receiving of penitents.

  J. MAKGHIE.

       *       *       *       *       *

No. VI.

_Declaration of Assembly._

Edinb. 5 Aug. 1652. Ante mer. Sess. 23.

  Right Honourable, right Worshipfull, and
  Worthily respected,

We, being met in Edinburgh at the time appointed by the former Assembly
at Dundee, of purpose to study the healing of begun breaches in this
Kirk, were interrupted at our first down-sitting, and hindered from
constitution of the Assembly by our Dissenting-Brethren their offer
of Propositions and desires to be granted by us, which could not to
any good purpose, either be debated or effectually granted, as was
required, before the Assembly was constitute, and the Judicatory fixed.
Which short delay of our answer, till we were in capacity to answer,
was met with a Protestation, prepared before hand, for a declinatour of
the Judicatory, and all the Commissioners of Presbyteries, as freely
chosen as any were, and sent forth from all parts of the Kingdom. In
which Protestation wer contained many grievous and unjust aspersions
upon us and others (who dare not pass from the possession of yearly
Generall Assemblies; which being in former times interrupted, was
purchased at a dear rate, before it was recovered) and all this
was presently put in Print, to the great disadvantage of us, and
mis-information of all the Kingdom. After the Assembly was constitute,
a conference was offered by us, wherein some from us desired, That
to the intent we might joyn the better for promoving the Work of
Reformation, legall bars hindering us from peace, to wit, Protestations
on the one hand, and Censures inflicted, or which might be inflicted,
on the other hand, being removed. They should give assurance to
forbear to trouble the Kirk, by holding up debates on the matter of
our late Differences, about the managing of Publick Affairs. But
after conference, finding no ground of hope for present agreement, we
have made the same offer to all them who adhered to the Protestation,
whether in the Town for the time, or not, as our Act[452] (the Copy
whereof is with these come to your hands) at more length doth declare,
and granted unto all, time to advise till the second Wednesday of
November next to come. And now because our Dissenting Brethren have
the advantage of the Press for the present, and are too diligent and
painfull in gathering of hands and subscriptions to their Protestation,
of young men or elder, masters or servants, without any tryall of their
qualification, to make the world think, that the generality of the
godly (as they in their Papers presume to call themselves) and that
in great number do stand for their divisive way, Therefore we thought
it our duty to write unto you all, who love the Union and Peace of
this afflicted Kirk, that by your counsell, conference, and all other
godly means, so many as in your bounds, Ministers, or others, are upon
this divisive way, which tendeth so much to the hinderance of the
Work of Reformation, and peace of the Lords distressed people may be
timously reclaimed, and moved to accept the peaceable offer made to
them by the Generall Assembly, and the rest within your bounds may be
keeped free from this uncouth separation, that it grow not greater,
and that difference of judgment about the managing of publick affairs
in our late troubles, which occasioned this unhappy rupture, may be
no prejudice to our joynt acting in Ecclesiastick Judicatories, for
keeping the Liberties thereof, and the peace of this Kirk, which at
this time doth so much call for communion of counsels and actings:
Wherein as you shall prove instrumentall, you shall be found to do a
work of service unto GOD, of love to your Mother-Kirk now distressed
on all hands, most suteable to your Covenant and Profession, and
contributive as to your peace, comfort and credit in this life, so to
the furtherance of your reckoning in the day of the LORD.

_Subscribed in name and at command of the Generall Assembly, by_

       *       *       *       *       *

No. VII.

_Declaration by Ministers and Elders(Protestors) against the lawfulness
of Assembly 1651._

  To the Right Reverend the Ministers and Elders met at Edinburgh the
  24 of November 1652.

Whereas we have not onely been patients and defenders in the
differences that have lately arisen in this Church, but willing and
ready to embrace all opportunities for removing them: And for that end
upon an Overture made to us the last Winter, have since that time
forborn to act authoritatively, and in the capacity of Commissioners
from the Generall Assembly 1650, (which delegation we conceive to be
still in force, untill the next lawfull free Generall Assembly.) And
notwithstanding grounds were given to us when that Overture was made
to expect the like from you, Yet ye did assume to your selves that
authority, and acted accordingly, which hath very much heightened our
differences. And forasmuch as at the late Meeting of our Brethren in
Edinburgh upon the ________ day of July last; We did earnestly desire
that they would forbear to constitute themselves into a Generall
Assembly, (which had they been pleased to grant, might through the
Lords blessing have proved an effectuall means of peace.) So now we
being met together, and understanding that you are to meet upon the
________ of this instant: And we being still desirous of peace and
of an union with our Brethren in the Lord, and to entertain with all
due respect, the endeavours of some godly and reverend Brethren for
this effect. We do earnestly beseech you by the love you bear to
the peace of this Church, and by your desires to heal the breaches
thereof, that you will presently declare, that you will forbear all
acting as Commissioners of a Generall Assembly, so long as endeavors
and conferences for Union shall continue (as upon your condescendence
we hereby do declare the like concerning the Commission of the Gen.
Assembly 1650.) And that you will presently interpose with others of
your judgment in the respective Synods and Presbyteries, not onely
that supposed censures may be looked on and accompted as no censures,
But that they do not proceed to put in execution any of the Acts of
the late Meetings at Dundee and Edinburgh, against Ministers, Elders,
Professors, and Expectants; or to do any other thing not already
determined by uncontraverted Assemblies; which we are confident shal
be the practice of Synods and Presbyteries that are of our judgment.
If the Lord shall convince and incline your hearts to this motion,
whereby we may be in a fit capacity to confer together for removing our
differences; In that case our opinion is, that by mutual consent, some
time may be appointed for our seeking the Lords face, for the further
knowledge of his controversie with us, and for our direction in the way
of Union in him, that we may in love and sobernesse of spirit speak
of these things which may conduce for the healing of our breach; then
which, nothing is more sincerely and seriously desired by us. But if
this motion may not be hearkened to, and there be a proceeding in these
things which are so grievous to us, and burdensome to the consciences
of many of the Lords People and Ministers, we cannot forbear to warn
you, that we shall be constrained to vindicat our selves and others
from such usurpation and persecution by the use of all lawful and
possible means for our own defence, and for preservation of the truth
and liberties of this Church.

  _Subscribed in the name of the Ministers, Elders,
  and Professors met at Edinburgh the 11 of
  Novem. 1652, By_

  _Sic subscribitur_,

  SAMUEL RUTHERFURD.

       *       *       *       *       *

No. VIII.

Edinburgh, 26 November, 1652. Post meridiem. Session 5.

The Commission of the Generall Assembly having received upon the 14
of this instant a Paper presented to them by my Lord Wariston, Mr
Robert Trail, Mr John Sinclar and George Dundasso of Duddingstoun, and
subscribed by Mr Samuel Rutherford, in the name of some Ministers,
Elders, and Professors met at Edinburgh upon the 11 of November, and
having taken the same into serious consideration, do return this Answer
thereunto.

Although we being unwilling to enter upon any debate or inquiry who
have been the Agents in raising, continuing, and heightening the
late differences in this Church (being more desirous to have these
differences and distractions that have followed thereupon removed, and
the memory thereof buried) yet we may say that our Brethrens vigorous
activity therein all along hath been conspicuous enough to all who
have been looking upon the matter. And as we will not question the
willingnesse and readinesse of our Brethren to embrace opportunities
for removing these differences, nor whether for that end they did
forbear the last year to Act Authoritatively, and in the capacity of
Commissioners from the Generall Assembly 1650, (which power they had
assumed to themselves, it being expired and extinct by the Meeting of
the Assembly 1651, by vertue of the indiction of the Assembly 1650,)
and that upon such an Overture made to them as they mention (which yet
seemeth to us not to be wel consistent with their Answer given by them
upon the ________ day of ________ 1651 to the Paper presented to them
from the Provincial Assembly of Lothian) so we remember wel that the
Commissioners of the Assembly 1651 though having no lawfull call and
Authority, did notwithstanding from that time mentioned by our Brethren
for preventing the heightning of differences, not onely forbear acting
any thing in that capacity, but even abstain from so much as meeting
to adjourn, untill the time of the Generall Assembly near approaching,
they behoved to meet in that capacity, for determining the place of
that Assembly ensuing, which had been left in the indiction under
the uncertainty of an alternative, by reason of the times, which was
the onely thing they acted, and could not in reason be accounted a
cause of heightning the differences. Further as the Commissioners of
Presbyteries met in Edinburgh in July last could not hearken to our
Brethren, desiring them not to Constitute themselves into a Generall
Assembly without unfaithfulnesse in the trust committed to them (they
being Commissionated to that very purpose) and without apparent and
inevitable danger of present loosing the liberty of the Publick
Judicatories and Government of this Church, especially considering the
posture of Civil affairs in the time: So we see not how the forbearing
thereof could have been a means of a right peace; we still conceive,
as hath been constantly held in this Church, that a lawfull Generall
Assembly, such as that was, is the most Soveraign means under God to
heal any ruptures and distractions that are in the Church; likeas we
find that it was the endeavour of the said Assembly to the outmost
of their power to compose the present differences, and unite the
distracted Members of this Church, and accordingly did condescend upon
such Overtures as they possibly could perceive to be most conducible to
this end.

Albeit we cannot but signifie our just grief at the unjust reflexions
and aspersions cast upon us and other preceding Publick Judicatories of
the Church, partly indirectly, partly directly in the narrative of this
Paper, and conceive it had been more sutable to the Profession of so
earnest desires of Peace and Union expressed therein to have foreborn
them, yet not doubting of the reality of the desires themselves,
we do heartily entertain those with all due respects. And being for
our part most desireous of Union with our Brethren in the Lord, we
are willing to condescend so far as possibly we can in the trust
committed to us, and with a good conscience by any means to attain
that end: And therefore do declare, that we shal not at this Meeting,
nor hereafter before the third Wednesday of February, Act any at all
in prosecution of any Censure against our Brethren which are already
pronounced, or which may be incurred by them by vertue of any acts
of the two last Gen. Assemblies at Dundee and Edinburgh, relating to
the late differences: And although as to the execution of the Act of
the late Assembly for regulating the Admission of Elders to Vote in
Presbyteries and Synods, and of Expectants to their trialls for the
Ministery; we must leave these Judicatories to that discretion and
prudence that the exigence of their severall conditions requires, yet
we shal interpose with the respective Presbyteries and Synods that they
may, during the space abovementioned, sist, and not proceed further
in any of the foresaid censures: And that we are content and willing
that betwixt and the day foresaid there be a Meeting at a time to be
appointed, before our parting hence, between some of us and some of our
dissenting Brethren in such a number and such a way as shall be most
convenient, considering the case of the time, for holding forth to them
so far as we can, and the Lord shall assist us, light in the matter of
their differences from the Publick Judicatories, and for searching into
further knowledge of the Lords controversie with us, and speaking in
love and soberness of Spirit in such other things as may conduce for
healing our breach. And it shal be matter of our earnest desires and
Prayers to the God of Peace (as we doubt not but it will also be in our
Brethren, if they embrace this way) that he may be graciously pleased
so to blesse these endeavours, that the issue may be a clearing of
His ways to us all, an healing of our wounds, and an uniting of us in
himself, to serve him with one consent, in doing or suffering joyntly
for His Cause and Honour, whatsoever shall be his holy will.

As for that Certification in the close of the Paper, as we conceive
that it might been well spared, so we shall say no more to it but
this, That we are confident that this Commission and the other late
Publick Judicatories, having a calling and being constitute according
to the order of God, and constitutions of this Kirk, are very far
from usurpation; and that both the by past carriage of the respective
Judicatories Publick and Private doth clear them, and our carriage
shal clear us before God and the World from that grievous aspersion of
persecution, the uncharitablenesse and injustice whereof we heartily
pardon, and pray the Lord to pardon in our Brethren.

  J. MAKGHIE.

       *       *       *       *       *

No. IX.

Edinburgh, 27 November, 1652. Ante meridiem. Sess. 6.

The Commission of the Gen. Assembly hath appointed, Masters Ro.
Blair, James Wood, David Forrest, Andrew Honniman, James Sharp, and
the Moderator Mr David Dickson, in case the conveniency of his health
and affairs can permit, to Meet at St Andrews the first Wednesday of
January next; and there to attend such of our dissenting Brethren
as shall come to them, and to confer with them upon the particulars
expressed in the Answer to their Paper.

  JO. MAKGHIE.

       *       *       *       *       *

No. X.

Edinburgh, 27 November, 1652.

Whereas our earnest Desire and Overture for sisting the present
Differences to make way for an Union, hath been met on your part with
no small heightning of the Differences, by your Actings in matters
contraverted, betwixt the time of our giving in an Overture and
your giving answer to it, and by your refusing all and every one of
our just desires and asserting the authority and Acts of the late
pretended Assemblies and Commissions thereof, and by your declaring the
unpossibility of any further condescendance on your part for Union,
then hath been already held forth in the Acts and Overtures of the
late pretended Assembly at Edinburgh: And you having also dissolved
your Meeting before the return of an Answer to us, or hearing what we
had to say to you in reference to your Answer and to the authoritative
appointment subjoyned thereunto; We are necessitated to Declare unto
you that we are not instructed to call any Meeting for Conference with
you in this case of so unsatisfactory an Answer: And that we are free
of any concessions conditionally offered on our part.

  _Subscribed in the Name of those who were appointed
  by the Meeting of Ministers, Elders,
  and Professors to present the Overtures, and
  receive the Answer._

  _Sic sub._
  Mr ROBERT TRAILL.

       *       *       *       *       *

No. XI.

  _Observations upon the Answer of the Commission of the pretended
  Assembly, to the Overture of the Brethren who dissent from the
  Publick Resolutions: As likewise upon their Letter to Presbyteries._

It is to be observed, that the scope of the Overture made by the
Protesters is, That all claims to power and authority from the
controverted Assemblies at Dundee and Edinburgh upon the one hand,
and all controverted power, as derived from the General Assembly 1650
on the other hand, being laid aside during endeavours for union;
as likewise all Censures, or Acts enjoyning Censures for the late
differences since the said Assembly 1650, at which time this Kirk was
of one judgment, and all Papers against these controverted Assemblies
not yet published, being also for that time suppressed, There should
be a friendly Conference agreed on by mutual consent, for searching
into the Lords Controversie against the Land, and for removing our
differences. The Brethren who stand for the Publick Resolutions are
so far from wayes of peace, as they refuse all conferrence, except
they Treat and confer as the lawful Representative of this Kirk, and
be cloathed with their Commission and Authority; and therefore their
Answer to the Overture is returned in the Name, and by the Authority of
a Commission of the Kirk, and a Committee is, by Act of the pretended
Commission, appointed for that purpose, viz. Their Moderator and some
Brethren of the Presbytery of St Andrews.

2. In that Act the said Committee is limitted in their conference to
the particulars exprest in the Answer to the Overture.

3. The Answer to the Overture, not only refuseth all things demanded by
the Protesters, as previous and preparatory to a Conference, but also
maketh the end of the Conference (which was modestly and fairly exprest
for both in our Overture) to be, to hold forth light to the Protesters
in the matter of difference from the Publick Judicatories, and (as
the Letter to Presbyteries expresly beareth) that the dissenters from
the Publick Resolutions may be brought up to unite with the Publick
Endeavors of this Kirk, and so the state of the difference betwixt them
and us, is now again (upon what considerations, or expectations I shall
not descant) made as wide as it was before, when all the Malignant
party was in Arms to protect them therein.

4. The Answer asserts and justifies, not only the Calling and
Constitution, but all the Acts and Proceedings of the late pretended
Assembly and their Commissions, and condemneth all Testimonies against
the Publick Resolutions, and the said pretended Judicatories.

The said Answer declareth, That no Agreement is to be expected upon
other terms then the late pretended Assembly at Edinburgh did propose;
for the Answer doth affirm that they have found that the said Assembly
hath endeavored to the utmost of their power to compose the present
differences, and did condescend upon such Overtures as possibly they
could perceive most conduceable to that end.

Now, these Overtures, by them mentioned, do require an express passing
from all our former Testimonies, and that in time coming we shall never
give any Testimony against the Publick Resolutions, and other late
corruptions and novations brought into the Church, for it is required
to be set under our hands, That we shall not hold up debates by
preaching, writing, or otherwise, for any thing which doth concern the
late differences that hath arisen in this Church: So that we may not
give Testimony or declare our Judgements in any case, but must either
be altogether silent in these things, or else conform our language to
the judgment of the pretended Assembly, and if any Minister or Elder
cannot in conscience comply with these Overtures, though they be men
eminent for gifts and graces, and have been very useful and profitable
servants in the Lords Vinyard, and differ in nothing in judgment with
their Brethren in the Confession of Faith, Directory for Worship and
Government, yet they must be cast forth as unsavory salt, because
they cannot agree to a Novation which never was heard of before in
this Church, and which themselves in their Vindication grant to be
_indeterminati juris_. The same severity is enacted against expectants
to the Ministry, and they must be debarred for his sole cause, though
they were never so wel qualified. If this be not Usurpation and
Tyranny, the Prelats are very excusable for their carriage.

6. Observe how their Answer to us, and Letter to the Presbyteries
is stuffed with carnal policy, and very far from that simplicity
and candor which becometh Ministers of the Gospel. They say, they
are desirous to have the memory of our differences and distractions
buried, yet with the same breath they give out sentence, That we
have not only been agents, but active agents, and vigorously active;
and affirm this to be conspicuous, not only to some, but to all who
have been looking on the matter. But were it so, what need was there
to tell it? If they would have these things buried, why did they
assemble so frequently this Summer, to dig them out of their grave?
Were it not greater ingenuity to tell the truth (as some of their
number do) that these Publick Resolutions must stand as the Authority
and Warrant for the Body of the People, to rise all in Arms (without
making distinction of Friends and Enemies to the Lord his Work and
People) and associate among themselves, and with Forreigners, when
they shall land with the King. They say they will not question whether
we did, from a desire of removing differences, forbear to act in the
capacity of Commissioners from the General Assembly 1650, yet in the
very next words they do expressly question it, and say, It seemeth
not to consist well with our Answer to the Synod of Lothian. This
is but a seeming inconsistency grounded on a real mistake; for the
Overture mentioned by us is not the same with that proposed by the
Synod of Lothian, neither for the Matter, Persons, Propounders, or
the time of making thereof: It was a more equal Overture then that
from the Brethren of Lothian, for it did not condemn the Authority
of the Commission 1650, more then that of 1651, as that from Lothian
did; and it was propounded at a Conference with some of the Brethren
of the Presbyterie of St Andrews; and that diverse moneths after the
Overture made by the Brethren in Lothian: If our Brethren had been well
advised they had spared this reflection. They say, they absteined from
meeting so much as to adjourn the Commission, and that to prevent the
heightning of differences til the time of the Assembly did approach
that they behoved to meet. I will not say, as our Brethren do, That I
will not question if it was for that end they did abstein, and then
follow it with a contradiction; I do plainly and ingenuously profess,
That I think it was another reason which made them abstein: It was a
clear case to all who conversed with them at that time, That fear of
interruption by the English, and drawing prejudices on their persons,
made them abstein, until the Malignant party (their penitents and
correspondents) began to have power and favour, and procured some
under-hand assurances for their security. And it may be well remembred,
that their Meeting at that time in May, before their Assembly, was
coloured with specious pretences, of using endeavors for union with the
Dissenters from the Publick Resolutions; yet here they plainly tell
us, that the express end was, To determine the place of the ensuing
Assembly; to which I do readily give credit: for they slighted the
sending advertisement to us, and would not delay one fourtnight at the
earnest desire of some few of our number, that were present at that
Meeting. They say, they could not delay to constitute themselves into
a General Assembly without unfaithfulness, notwithstanding they know
that it was agreeable unto the practice of diverse Gen. Assemblies,
to adjourn without constitution, and no prejudice at all to their
Liberties, as was represented to them at the same time. They say, that
it hath been constantly holden in this Church, That a lawful General
Assembly (such as this was) is the most sovereign mean to heal ruptures
and distractions in the Church. If they take out these words “_such as
this was_” which they have foisted in to destroy the Text, their own
consciences will bear witness to us, that we are of the same judgment:
But to say, That a pretended Assembly, made up of such as have brought
in Novations and carried on a course of Defection, and continuing
therein without Repentance, is a Soveraign mean to heal ruptures and
distractions, is so far contrary to all reason and experience, as
it hath proved to be a main cause of the evils and troubles of this
Church, as is declared by the General Assembly 1639, in their Act of
the 17 of __________. They do without cause, resent, That the Narrative
of our Overture doth cast upon them reflections and aspersions, and yet
all along their Answer they make it their study under the covert of
_Albeits_, _Althoughs_, and _Parentheses_ to abuse us with Calumnies.
They declare, That they shall not at this Meeting, nor hereafter,
until the third Wednesday of February, act in prosecution of Censures
already pronounced, or which may be incurred by their Brethren; and
that they will interpose with Synods and Presbyteries for the like. But
what Sophistry is there here to delude the world, or rather to mock
their Brethren? For, first, They act what they had a mind to act, in
reference to matters in difference; and then after their Meeting is
dissolved, and no sooner, they declare to us they will act no more at
that Meeting, nor hereafter, till the third Wednesday of Febr., and
that is the time of their next Quarterly-Meeting. 2ly, This seeming
forbearence to act during that time, is not general, but limitted to
the matter of censures. 3ly, That’s clog’d with another limitation,
for, say they, We must leave Synods and Presbyteries to that prudence
and discretion which the exigence of their condition shall require,
for putting in execution the Acts for debarring Elders from Voting in
these Judicatories, and Expectants from the Ministry, which themselves
the last year did accompt to be no small Censure, in the debarring
Malignants from trust; but how much more in this case, which hath
great influence to corrupt the Ministrie and Judicatories. 4ly, Their
expressions which they chose in their Letter to the Presbyteries and
Synods, are such, as do rather incite to Censures, then prohibit;
for they insinuate a dislike of their former moderation in Censures,
which (they say) is well known to them, and to all men. 5ly, They well
knew by the Conference which we had with them in July last, that it
was not their Censures we feared, or much valued, but that we desired
that both of us might be in the accompt of either in a fit capacity
to confer together, and not they looking on us as Delinquents at the
bar, and themselves as our Judges; otherwise we see not to what good
purpose we should meet. 6ly, The time, place, way, and number of
Persons (which indeed is least of all) ought to have been agreed upon
by mutual consent; yet even in these smaller matters they must keep a
state, and authoritatively enjoyn all, without the giving us the least
intimation of their Resolutions, till they were risen and the Meeting
was adjourned. In the close of their Paper they would fain vindicate
themselves from persecution, but they would consider, that justified
defection endeth ever in persecution of the witnesses against it. Some,
who at the begining of this Defection, abhorred the very supposition
of troubling any godly Brethren who differed from them in judgment,
within some moneths were perceived to make no great scruple to help
forward the persecution; others, who called it a persecution the last
year, to debar Malignants from Civil and Military Trust, will have it
this year no persecution to debar godly and faithful Elders, from Trust
in the Kirk; and able, gracious and well qualified Expectants, from
the Ministry: Conjunction with Gods Enemies, is alwaies attended with
persecution of his Friends; and experience may teach us, that large
Charity to Malignants will dry up much former love to Gods People. Mans
heart is deceiptful above all things. I say no more, but I desire
heartily to pray the Lord, to forgive them the deed and thing, who
storm so grievously to be told of the name of persecution.

       *       *       *       *       *

1651.

_Excerpts from the Chronicle of Fife; being the Diary of John Lamont of
Newton._

Jul. 16.—The Generall Assemblie satt att St Androus, where the Lord
Balcarresse was comissioner for the K. Majestie. At the meiting of
this Ass. Mr Andro Cant, m. in Aberdeine, preached in the forenone,
on Heb. 12, v. 12, 16, and Mr Robert Douglas, m. att Edenbroughe, in
the afternone, in Ps. 122, 6, 7, 9. The said Mr Robert was chosen
moderatour. The 20 of Jul. being Sunday, the Ass. meet at night, (upon
the defeate Cromuell had given our people about Dunfermling), and did
adjourne this Ass. till the 22, to Dundie. The forsaid night, at St
Androus, ther was a protestation given in by Mr Samuel Rutherfoord, m.
of St Androus, subscribed with 21 or 22 severall hands of ministers,
protesting against the lawfulnes of this Ass.; alleadging it was
corrupt, ill constituted, and not frie. The names of some of the
protesters were these, viz. Mr And. Cant, Mr Ja. Gutherie, Mr Pa.
Gillespie, Mr Sa. Rutherfoord, Mr Alex. Moncriefe, Mr Will. Oliphant,
Mr An. Donaldsone, Mr Jhone Hart, Mr Ja. Sympsone, Mr Jho. Meingzes,
and on Mr Neasmith. The day appointed, they meet att Dundie, where the
proceedings of the comission of the former Gen. Ass. was approven; a
warning, appointed to be read in the severall churches; the westland
remonstrance (before spoken of) condemed and declaired against; a
letter penned to be sent to the K. Majestie; Mr Ja. Guthrie, m. of
Stirling, Mr Pat. Gillespie, m. of Glasgowe, Mr Ja. Sympsone, m. of
Airth, neare Alloway—thir three were deposed; Mr Neasmith suspended.
Some of these things brought against them were, that they did
publicklie preach and speake against the proceedings both of the church
and state, and were ring leaders in the meater of the remonstrance
and protestatione; for the rest of the protestors, the Commiss. of
the Ge. Ass. was appointed to deale with them, and, give they could
not be convinced, to processe them. Mr Rob. Ramsay, m. of Glasgowe,
was appointed Principall of the colledge ther. Mr Jho. Heart, m. of
Dunkell, did supplicatt the Ass. that his name might be taken out of
the said protestatione. This Ass. did ryse the 1 of Aug. 1651. More,
the planting of the church of Newburne was referred to the presbetrie
of St Androus; and Chancelour Campbell (anent the meater of adulterie),
referred to the comission of the kirke. A fast appointed to be keiped
throwe the kingdome, Aug. 31, 1651.

Sept. 3.—The Scots armie that went from Stirling to England, was routed
by Cromuell and his forces near Worcester, The Kings Maj. escaped with
the Duke of Buckkingam. Duke Hamiltone taken and wounded, and within
some dayes after deyed; Earle of Rothis, E. of Kelly, E. of Laderdaile,
taken and placed in the Tower; Louetennant-Generall Leslie, Middelton,
Mungomrie, Pitscottie, Vandruske, with several other nobelmen and
gentelmen, both Scots and English, taken; 400 or 500 officers taken,
(amonge which were Lundie and Ardrosse), 6 or 7 thousand prisoners,
a great manie killed; 9 ministers taken; 9 crirurgions and 30 of the
Kings servants taken, with armes, bag and baggage.

Oct.—The greatest pairt of the protesting ministers against the
lawfulnes of the Gener. Ass. 1651, mett at Edenbrough, with a
purpose to anull the said Ass. holden at St Androus and Dundie. Mr
Jho. Livistone was chosen moderator; they sat about 16 or 18 dayes.
They resolved to continue the commission of the Ge. Ass. holden and
appointed 1650, bot not the comission appointed 1651.

Dec.—Mr George Haliburtone and Mr Alex. Rooge, ministers of St
Jhonstone, were silenced by the English garisone there, and discharged
to preach, because, (as they alleadged), they preached up the Kings
interest, notwithstanding of his defeate att Worcester.


1652.

July 25.—Some of the Gener. Major Deans regiment of foot, wha lay att
Largo and Levin, (viz. 2 corporalls), did challenge Mr Ja. Magill, m.
of Largo, (after he had ended sermon and said the blissing), before he
came foorth of the pulpitt, for praying for the prisoners in England,
and saying that they did suffer for righteousnesse sake, they affirming
they suffred for unrighteousnesse; bot after some words passed by them,
he answered them he wold be foorthcoming for what he had spoken before
a competent judge, and in time and place convenient: for he did not
acknowledge them, and so left off. Some dayes before this, they did
beginne to quarter some of ther foot upon him and Mr Alex. Moncriefe,
m. of Sconie, (this being the first time that ministers quartred ether
foot or horse in this shyre). Also, some of the English did pull downe
the stoole of repentance in severall churches they came to, as in
Kirkekaldie and Kennowhie; they did sitt also in them in some places,
wher they came in time of sermon. More, they did challenge severall
other ministers for praying for the king, and some other things, as Mr
Colen Edem, m. of Enster, and Mr Geor. Hamilton, m. of Pitten-Weyme.
Jul. 1652, some of Coll. Berries regim. took backe also some north
country ministers that were going to the Generall Assemb. at Edenb.
that sate 21 of this instant, under pretence they were ryding upon the
Sabath, and brought them to Cuper, and caused them pay 40 sh. Sterl.
amonge them. When they came to the church of Largo, some of them did
sitt ordinarlie (for contempt) in the stoole of repentance. May 24,
1653, the said Mr George Hamilton was badlie used att Pittenweyme (on a
Tuesday), by some of Fairfax regiment of foot, so that he was forced to
brake of his sermon, because he refused to ansuer them in publick; att
which time ther was a great uproare in the church there; and after they
came foorth, they affixed a peaper upon the crosse and every eminent
place in the towne, tending to defame the said Mr George, calling him
a ridicoulous parson, not regairding what he said, and that they wold
hold him so, till he made good his promise, which was to dispute with
him.

Aug.—This yeare the Generall Assemblie of this kingdome satt att
Edenbroughe, where Mr David Dicke, professor of Divinitie att
Edenbroughe, was moderator. (It sat downe Jul. 21; it rose August the
5.) The ministers, for the most pairt, that did protest against the
last Generall Assemb. at St Androus and Dundie 1651, did protest also
against this as unlawfull, unfrie, and corrupt. About 65 hands of
ministers did subscribe this protestation. In the first rowme was Mr
Andro Cant, Mr Samuel Rutherfoord, Mr Robert Traill, Mr Ja. Guthrie,
and Mr Patricke Gillespie, wha were deposed by the last Ass. did
subscribe it also. More, about 80 laicks and others did put ther hands
to it also; it was printed, as also the Ass. ansuer to it. This Ass.
allowed the protesters a certaine time to come in and to passe from
ther protestation, viz. to the 2 Wedensday of Novemb. 1652, otherwyse
apointed synods and presbetries to proceide against them with the
censurs of the kirke. They apointed Mr Andro Louthian and Mr Andro
Pitcairne for to goe to Caitnes. Also a fast to be keiped through the
wholle land the 2 and 3 Sabaths of Sept.; also 3 acts for promoveing
the knowledge of the grounds of salvation and observing the rules of
discipline.

Sept.—A visitatione of the universitie (appointed by the English), satt
att St Androus; the measters being called, did insinuate as mutch as
that they were not fullie satisfied with ther power; they enquired for
the names of the measters, which they receaved, and for the names of
the students, which they did not receave, because not present. They
gatt ther rentall also, with a sight of the books of the foundation,
as also an extract of the act of the universitie, appointing all that
were graduat to subscribe the covenants. They desyred that no vaking
place in the colledge be filled till they were acquainted. They lodged
at James Suords house. They went from thence to Aberdeine, where they
deposed Doctor Guilde, and established Mr Jhone Row, minister ther,
principall of the colledge. (The said Mr Jhone, with Mr Menzies, not
long before, had turned anabaptists, and did refuse to baptize infants
att all.)


1653.

Feb.—Mr Patricke Gillespie, minister of Glasgowe, (bot deposed by the
Generall Assemblie), was admitted by the English to be principall of
the Colledge of Glasgowe. (A litell time before this, Mr Jhone Row,
minister of Aberdeine, was admitted by the English to be principall of
the Colledge of Aberdeine.)

Jul. 20.—The Generall Assemblie satt downe att Edenbroughe, the
which day Mr Robert Douglas and Mr David Dicke, both ministers of
Edenbroughe, did preach. After the sermons ended, they mett in the
ordinary place of meitting, and after Mr David Dick, moderator for the
time, had prayed, he began to call the rolle; in the meane time, ther
comes in two Louetennant Collonells of the English forces, and desyred
them to be silent, for they had some thing to spake to them: So one of
the Louetennant-Collonells began to aske them by what authoritie they
mett?—if by authoritie of the late parliament, or by authoritie of the
commander of the forces in chiefe, or if by the authoritie of ther late
king? The moderator desyred that those that were not members of that
Assemblie might remove, that so they might give a modest answer to
these gentlemen. He desyred further, that all the names of the members
of that Assemblie might be given him. The moderator replied that they
could not give them, because ther names were not called; bot if he wold
have a litell patience till they called the rolle, he sould have them.
He ansuered, if it were not longesome he sould doe it. So the moderator
beganne at the presbetrie of Argile, to examine ther comission; hire
the English officer replied that that wold prove tedious, so that he
could not waite upon it, bot desyred them to remove and to be gone;
and, if they wold not, he had instructions what to doe. Upon this the
moderator, in name of the Assemblie, protested that they were Christs
court, and that any violence or injurie done to them might not hinder
any meitting of thers when convenient occasion sould offer itselfe.
He desyred they might pray a word before they dissolved. The moderator
beganne prayer, and after he had spoken 5 or 6 sentences, the English
officer desyred them againe to be gone; notwithstanding, the moderator
went on in prayer, bot was forced att lenth to breake of, so they arose
and came foorth. All this time ther was a company of English footmen
in the kirke, waiting upon them, and a troupe of horsemen att the
Port. After the ministers were come fourth, they were gairded on both
hands up the way (by the said footmen), to the Whyhouse, where they
were caried alonge to the Port, and from thence to the Quarrell-holls,
where they made them to stand. The English required againe for all ther
names; they said they were most willing, so they told all ther names.
So the moderator protested againe att the said place. After ther names
were wretten, they discharged them to meite againe, under the paine of
being breakers of the peace; and that they might send for ther horses
and be gone presentlie; for (said they) that they knewe they had ther
horses in the towne. The moderator ansuered, that most of them had come
from the other side of the water, with a purpose to stay a fourtnight,
and for that cause had sent backe ther horses. Upon this, the English
desyred them to goe backe to Edenbroughe and lodge ther all night, and
to be gone before eght a cloke in the nixt day; and discharged that not
above two of them sould be seine togither, and that they sould send
ther names and ther lodging place to the court of gaird that night. So
upon the nixt day, they went away to ther severall homes, and did not
meite any more att that deyet.

Sept. 12.—Mr George Hamiltone, Mr Collen Edem, Mr Robert Bennet, and
Mr David Guthrie, all ministers of the presbetrie of St Androus, were
caryed by some of the English forces of Collonell Berries regiment
of horse to Edenbroughe prisoners, because the day before, being the
Sabath, they had prayed for the King. They returned the 20 of Sept.
upon condition either to returne to Edenbroughe within a fourtnight,
and to give assurance to the judges that they sould not pray any more
for the King, or else to expect sequestration.

Sept. 27.—The provinciall assemblie of Fyfe satt att St Androus, where
Mr Robert Blaire, minister of St Androus, was moderator. Mr Samuell
Rutherfoord presented a peaper to the moderator, relatting to the
sinns of the ministrie, bot it was not accepted; upon the refusall
of it some words passed betuixt Mr Samuell Rutherfoord and the said
Mr Robert Blaire, anent the publicke busines. About the close of
this meiting, two English officers came in to the place where they
satt; the judicatory enquired if they had come in with a purpose to
sitt and voice with them? they ansuered, not; bot onlie they were
commanded to come in to heare and sie, and that they acted nothing
in prejudice to the comon-wealth. They ansuered that they had not so
mutch as once nominated the comon-wealth since they satt downe; and
that they (meaning the English officers), were the first that spake of
the comon-wealth and not the assemblie. They appointed a visitation
for Cuper and Creiche, and some brethren to corresponde with Angus and
Stratherne.


1654.

Jan. 14.—Being Saturday, ther was a preparation sermon for a
thanksgiving preached att Sconie, in Fyfe, for the continuance of the
gospell in the land, and for the spreading of it in some places in
the Hygh-lands in Scotland, where, in some families two, and in some
families one, beganne to call on God by prayer. Mr Samuel Rutherford,
minister in St Androus, preached on Saterday.... Observe, that on the
Saturday, Mr Samuel Rutherford had this expression in his prayer, after
sermon, desyring that the Lord wald rebuke presbetries, and others,
that had taken the keyes and the power in ther hands, and keiped out
and wold suffer none to enter (meaning in the ministrie), bot such as
said as they said.

Apr. 4.—The provinciall assemblie of Fyfe satt at St Androus, where
Mr Patrick Scougall, minister of Louchars, in the presbetrie of St
Androus, was moderator; they did not mutch; the meiting was adjourned
for a fourtnight; they rose the 6 of Aprill.... They appointed a fast
to be keiped by this shyre on the last Sabath of May, being the 28 day
of the month; which was done accordinglie by many. The causes were left
arbitrary for every minister in his owne congregation.

Dec. 3.—The fast (appointed by the provinciall of Fyfe, at Kirkekaldie,
1654), was intimat at Largo by Mr James Magill, minister, to be keiped
the following Sabath at Largo, viz. the 10 of Dec.; the causes were
not reade, onlie he named them: 1st was the contempt of the gospell
and breach of covenant; 2d was the great burdens and pressors that lay
upon persons in the land, both in body and spirit; 3d was the small
proficiencie in knowledge under the meanes and ordinances; the 4th was
ane ordinance emitted by the Lord Protector Cromvell, and delivered
to Mr Patricke Gillespie, when he was att London, this instant yeare,
1654, for the benefit of universities and preachers in Scotland:
this being the titell of it; which, att on dash, did overthrowe the
discipline and government of the church of Scotland by sessions,
presbetries, and assemblies. The forsaid Assemblie gave a testimonie
against this ordenance, which was appointed to be reade in sessions,
and to be insert in the severall session bookes of the shyre of Fyfe.


1655.

Apr. 3.—The provinciall assembly of Fyfe met att Kirkekaldie, wher
Mr James Wood, minister of St Androus, was chosen moderator. This
meiting was adjourned to the first Tuesday of July, at which time
they appointed ther meiting att Cuper. Ther was no more done att this
meiting, bot a moderatour chosen, and the assemblie adjourned. This was
occasioned by ane order emitted by Gen. Moncke, comander in chiefe of
the English forces in Scotland, discharging all publicke meitings; so
that Major Davesone, with some other English officers, came in to ther
meiting, and did showe them that he was comanded to hinder them from
meiting, or else to scatter them when they were mett; and after some
conference betwixt the said Major Davisone and Mr James Sharpe, being
moderator of the preceiding assembly, they dissolved, and mett no more
att that time.

General Monke, Coll. Syler, and other English comissioners for
universities in Scotland, (for so they desinge themselves,) emitted
ane ordinance, bearing date Mar. 26, 1655, discharging all persons
whatsoever to pray, in their publicke prayers or sermons, for the King,
viz. Charl. the 2, as they wold not be censured as the comissioners
thought fit; and withall discharged any to pay any maner of stipend to
such ministers as sould transgresse hirein.

October.—This month the greatest pairt of the ministery in Scotland (if
not all) left of to pray for the King in ther publicke prayers. May
1660, at his returne, they began againe to pray for him.


1652.

  _Excerpts from “A Diary of Public Transactions and other Occurrences,
  chiefly in Scotland, from January 1650, to June 1667, by John
  Nicoll.”_

4 Maii 1652.—Thair wes ane Synod Assemblie haldin at Edinburgh,
quhairin thair wes much divisioun among the ministrie, namelie, be
ane sequestrat number in the Presbyterie of Lynlithgow, quha wer
evir contentious; and quhairas in that Synod the proceidingis of the
Generall Assemble, haldin the yeir preceding, at Saint Androis and
Dundie, wer ratifyed and approven by this Synod; yit a few of these
within the Presbyterie of Lynlithgow did dissasent, and protestit
aganes the lauchfulnes thairof, and urgit that thair dissasentis sould
be registrat and recordit.

Besyde these, great errouris did creip into the church, and men war not
aschamed to tak upone thame the functioun of the ministrie, without
a lauchfull calling, and to preache, mary, and baptize, and offering
publict disputes to mantene thair errouris. Witnes sindry Englische
trouperis quha oppinlie taught in the Parliament Hous. Lykewyse ane Mr
[Alexʳ] Cornuell, minister at or besyde Lynlithgow, quha did mary pepill
privilie, sum of the women haiffing husbandis on lyff, and sum of these
men haiffing ane or twa wyffes, and baptized old pepill, for the quhilk
he was under the sentence of excommunicatioun.

21 Julij.—The Generall Assemblie met at Edinburgh, and sat doun,
continuing thair sitting till Thursday the fyft of August 1652, of
quhilk Generall Assemblie, Maister David Dik was chosin moderator.
At this Assemblie, much debait, contentioun, and divisioun, evin by
thame quho assumed to thame selffis the name of the Godlie pairtie;
continuing, as of befoir, to protest aganes the procedingis of
this Assemblie, as wes practized in the former Assemblie haldin at
Santandrois and Dundie; putting in and out in the roll of the Godlie
such as thai pleasit, not allowing ony to be of thair number quho wald
not go along with thame in every thing, for that wes the marrow of the
matter, being moir quick sighted then Elias, quho saw not one of the
sevin thowsand quhome God haid reserved to himself; blowing up the fyre
of contentioun; sending throw the cuntrie to draw of sum sevin or
aucht of the ministrie to joyne with thame, making this accompt, that
gif thai could get fyve or sex of the moist eminent men af, they cared
not for the rest of the ministrie; professing also at thair conference,
and utheris of thame in an oppin Synod, that thai wald never unite with
the maist pairt of the ministrie of Scotland; flinging filth upone the
faces of thair bretherene; and much moir of this kynd.

Aganes these protestatiounes gevin in by the Dissenting bretherene, the
Generall Assemblie emitted ane Answer, &c.


1653.

Weddinsday the 20 of Julij, the Generall Assemblie convenit at
Edinburgh, quhair thair wes twa sermoundis, ane befoir nune be Mr David
Dik, the uther eftir nune be Mr Robert Douglas. Eftir both sermoundis,
the Assemblie satt doun in thair ordinarie places of assemblie in the
New Kirk of Edinburgh. Being placed, the Inglische commanderis pat ane
gaird to the dures of the Assemblie; and sum of the commanderis with
the gaird enterit in the Assemblie hous, demandit by quhat autoritie
thai did sitt, or quho gave them that autoritie, or gif thai haid thair
power from the Parliament of England or Commounwelth. Mr. David Dik
being Moderatour, desyrit that a lytill space mycht be grantit to the
Assemblie that thai mycht give ansuer. The Commander causit double
his gaird, and commandit thame presentlie to ryse and dissolve thair
meitting, and committit sum of thame to the gaird; thaireftir careyit
mony of thame af the toun to the Borrow Mure, quhair straitlie thai wer
commandit to go af the toun upone thair heichest perrell gif thai sould
dissobey.

The morne thaireftir, being Thursday the 21 of Julij, a proclamatioun
ischued out, proclamed at the Mercat Croce of Edinburgh, dischargeing
all privat meetings of the ministrie, &c.


1654.

23 August, 1654.—Thair wes sum of the ministrie, callit Remonstratoris
and Protestatoris, convenit in Sir Archibald Johnnestounes hous for
ordoring sum of the Churches effaires, and censuring of sum of thair
bretherene of the ministrie; quhilk being schawin to the Generall,
they war dischargit, and commandit to dissolve thair meeting by ane
Lievtenant Colonell Gaff, quha threatned thame gif thai sould sit
ony langer, prohibitand thame to meit agane in such a manner as at
that tyme they did, and that na twa of thame sould convene togidder
in ony tyme thaireftir; quhilk command wes presentlie obeyit. It was
alledgit, that the caus of thair meeting wes anent ane Commissioun,
alledgit brocht doun at this tyme with Mr Johne Meinzeis and Mr Patrik
Gillespie, granted by the Lord Protector to ane certane number of
the ministrie and reuling elderis, for purging of the ministrie of
the Kirk, and to do all thinges necessar, as the Generall Assemblie.
Quhilk Commissioun (as wes alledgit) these of this meeting resolvit not
to obey nor countenance, nor yit to be memberis of that commissioun,
bot rather to suffer then to acknawledge it; and the ressoun (as wes
alledgit be thame) was, that it wes gevin out by ane civill Judge, and,
as the commoun brute was among the pepill, ane unjust usurper.

       *       *       *       *       *

_Excerpts from Principal Baillie’s Letters._

  _The following supposed to be wrote to Mr Christopher Love, beheaded
  on Tower-Hill for corresponding with Argyle and Mr Baillie. Perth,
  Friday, December 20th, 1650._

  Reverend and Beloved Brother,

The letters of our friends there to Mr Douglas and to Mr Jameson, [i.e.
Mr Baillie,] also two to the general assembly, the one of an old date,
the other since the defeat at Dunbar, came but lately to our hands. For
fear of your hazard then, we thought it expedient to communicate them
but to a few. At first were called together, the Lord Chancellor, the
Marquis of Argyle, the Earls of Cassils and Lothian, with Mr Douglas,
Mr Blair, Mr Jameson, and Mr Wood. One and all were very much refreshed
and encouraged by the two publick most gracious and seasonable letters.
The answer of them was remitted to the next meeting of the commission
of the church the last of this month, where we purpose to make more
publick use of these, if we shall then find it stand with your safety.
In the mean time, Mr Jameson was appointed to give you some short
account of affairs here, which be pleased to receive.

The whole eight days before the defeat at Dunbar, the Lord had so
disposed, that, to the apprehension of most in both armies, a victory
seemed to incline to our side; when, contrary to all appearance, the
Lord, by our own negligence, had overthrown us. We have still lien
under that stroke, not so much by any active prosecution of the enemy,
as by the Lord’s hand now upon us, our divisions. A strong party in the
north, whom we have excluded from our army for the late engagement,
did put themselves in arms without publick order. It cost us some time
before we could quiet them. That danger was scarce over, when another
party in the west, whom we have permitted to rise, and from whom we
expected ready and happy service against the enemy, fell in ways of
their own, to our great and long disturbance, which we suppose Cromwell
long before this has caused print. Very ______ answers were given, both
by the church and state, as you will read here in the copies subjoined:
A while, notwithstanding, they pursued in their diverse way. The enemy
fell on them, and put them to a total rout, whereby he enlarged his
quarters now where he pleases be-south Forth. However our grief and
shame for this defeat be great, yet the loss of men was much within
100, and the prisoners are not so many; and among neither, any men of
note, but Col. Ker, who is a prisoner. Strachan, indeed, the author of
all this mischief, had before foully betrayed his trust, and since has
gone unto the enemy.

These mischiefs have laid us now lower in the dust before the Lord.
On Sunday next, the 22d of December, we have a general humiliation,
most for contempt of the gospel, the fountain of all our plagues.
On Thursday thereafter, the 26th, we have another, for the sins of
the King’s family, old and late, which we fear may have influence,
in the Lord’s controversy with us; yet for all this, we have not
cast away our help and confidence in the Lord; but with more vigour
than ever we purpose, with all possible diligence, to make use of
all the remainder of our forces. The parliament the other week did
call together the commission of the church, to be resolved how far
it was lawful to employ, in this case of extreme necessity, these
who, for some time, and while we had choice of men, were excluded
from the service. The unanimous answer by them present you have here
subjoined. By the blessing of God this may be a greater beginning of
union among ourselves, and of a more happy acting against the enemy,
than formerly. There are, indeed, some among us against the employing
of these who before were excluded; but we hope that in a little time
this shall change; so much the more, as in very few, in whom it is
greatest, there yet appears the least inclination to comply with the
enemy. And to guard the better against this evil, the church, the
other day, passed the subsequent act, which the parliament is about to
confirm, with a severe civil censure against all transgressors. After
our foresaid applications to God on the 22d and 26th of this instant,
we have appointed to crown our King, the 1st of January, at Scone,
the ordinary place of our old coronations; and thereafter, so soon as
we are able, to march with the strength of our nobility and gentry to
Stirling, where it will be resolved, whether to go with the body of our
army to England, leaving such a party here as to keep and guard the
passes of Forth against the enemy; or, with the body of our army, to
attend Cromwell here, and to send Massey to England with some thousand
horse and dragoons. To the former the most part incline; but you with
the next shall be acquainted with our conclusions. But, in the mean
time, the necessity is apparent for the extraordinary diligence of
our friends there to procure to us their possible assistance in this
our so necessary undertaking for the common safety. The particular
way we are thinking on, I leave to another letter sent herewith, and
to the instructions given to the bearer, C. B., whom we have found a
faithful, wise, and diligent agent for your desires to us, and whom we
hope shall be no less such for our desires to you. We have great need
of your earnest intercession with the Lord of Hosts for his powerful
concurrence with us in this our great extremity. Expecting this duty
of love from you and our dear brethren, I add but this one word, that
the brethren there would be careful, as we have been, and purpose still
to be, to lay, at this their new beginning, such foundations for their
army and parliament, that the leading men in both may be firm and
zealous to preserve the covenant, and our former principles, entire
without violation; also, if it shall seem good in the Lord’s eyes to
bless our mutual endeavours, that our friends there may be zealously
conscientious, that what progress was made in the assembly of divines
for the reformation of religion be not lost, but procured, until a
final conclusion, and all be ratified by King and Parliament.

  Your brother, and servant in the Lord,
  JAMESON.

       *       *       *       *       *

  _The following letter [dated 2d January, 1651] was at first designed
  for Mr Dickson, but was enlarged and sent to Mr Spang._

  Reverend and Dear Brother,

  I sent the inclosed to you by Mr R. Ramsay, thinking you would
  have been at the meetings of Stirling and Perth, whither I was
  resolved not to go, notwithstanding of many earnest intreaties to
  the contrary; yet, after the dissolving of the meeting at Stirling,
  I followed to Perth, upon sundry letters from Stirling to me for
  that effect. Your absence was not well taken by many; though I
  verily think your presence would not have had more influence on the
  remonstrants than that of Mess. Douglas, Blair, Cant, Rutherford,
  Durham, Wood, and others, who could in nothing prevail with them. Of
  the whole matter, as it comes in my mind, I will give you a simple
  account, but to yourself alone, and after to the fire; for as in all
  the meetings I was silent, and a mere spectator, except one forenoon,
  wherein I in some things declared my mind, so I would desire to
  meddle as little as may be with this unfortunate strife.

  After the woful rout at Dunbar, in the first meeting at Stirling, it
  was openly and vehemently pressed to have David Lesly laid aside, as
  long before was designed, but covertly, by the chief purgers of the
  times. The man himself did as much press as any to have liberty to
  demit his charge, being covered with shame and discouragement for
  his late unhappiness, and irritated with Mr James Guthrie’s publick
  invectives against him from the pulpit. The most of the committee
  of estates, and commission of the kirk, would have been content to
  let him go; but finding no man tolerably able to supply his place,
  and the greatest part of the remaining officers of horse and foot
  peremptory to lay down, if he continued not; and after all trials,
  finding no maladministration on him to count of, but the removal of
  the army from the hill the night before the rout, which yet was a
  consequence of the committee’s order, contrary to his mind, to stop
  the enemy’s retreat, and for that end to storm Broxmouth House as
  soon as possible. On these considerations, the state, unanimously,
  did with all earnestness intreat him to keep still his charge.
  Against this order, my Lord Wariston, and, as I suppose, Sir John
  Cheesly, did enter their dissent. I am sure Mr James Guthrie did his,
  at which, as a great impertinency, many were offended. Col. Strachan
  offered to lay down his charge, being unwilling more to be commanded
  by D. Lesly. Some more inclined to do so; but all were quieted by
  this expedient.

  Mr Patrick Gillespie, by his diligence with some brethren of the
  west, had procured a meeting at Kilmarnock, of some chief gentlemen
  and ministers of the sheriffdoms of Ayr, Clydesdale, Renfrew, and
  Galloway, where he persuaded them, for the present necessity, to
  raise a strength of horse and dragoons, as they had designed in
  their association, but far above the proportion of any bygone levy.
  This conclusion obtained, he persuaded next to put all under the
  command of four Colonels, the likeliest men to act speedily against
  the enemy, Ker, Strachan, Robin Halket, and Sir Robert Adair. They
  made their account to make up the old broken regiments of these
  four to the number of 4000, beside volunteers. With this voluntary
  offer, Mr Pat. Gillespie, Sir George Maxwell, and Glanderston,
  rode to Stirling. However many did smell, and fear the design of a
  division, yet the offer was so fair, and promises of present acting
  so great, that easily, even by the Chancellor and Mr Robert Douglas’s
  procurement, they obtained an act of state for all their desires.
  By this they stopped all men’s mouths, and forced them of Renfrew
  and Carrick to join with them. The committee of Renfrew seeing the
  vast expences of the enterprise, (for the first rigging out would
  amount to 500,000 pounds, [£41,666:13:4], and the daily charge to
  4000 or 5000 lib. upon the shires foresaid), were generally averse
  from the motion. My Lord Cassils kept off Carrick; Galloway also did
  disrelish the matter; but the committee of Clydesdale, consisting
  of a few mean persons, who were totally led by Mr Patrick and
  Sir John Cheesly, being very forward; the committee of Kyle and
  Cunningham being persuaded by Mess. J. Nevo, Gabriel Maxwell, and
  a few more ministers, the act of state supervening, quashed all
  farther opposition. All of us in our pulpits, myself as much as
  others, did promove the work. In a very short time 3500 horse are
  got together, with hopes, by volunteers, to make them above 5000.
  We were all in expectation of ready and happy acting, by infalls on
  the enemy’s quarters. But behold how all our hopes were soon most
  miserably blasted! Col. Strachan’s scruples were not only about David
  Lesly’s command; for in this his friends had procured him ample
  enough satisfaction, getting assurance, from the committee of state,
  that David Lesly should gladly permit the forces of the west to act
  apart, and never trouble them with any of his orders; but Strachan’s
  scruples went much higher. Since the amendment of his once very lewd
  life, he inclined much in opinion towards the sectaries; and having
  joined with Cromwell at Preston against the engagers, had continued
  with them to the King’s death. At that time, by Mr Blair, and our
  commissioners at London, he was somewhat altered; yet not so far
  as to join with us in covenant, till, by the great labours of Mr
  Ja. Guthrie and Mr P. Gillespie, his doubts were so far satisfied
  or smothered, that he was brought to content the commission of the
  church for that and divers other scandals against him: yet it seems
  that importunity has made him profess large as much compliance with
  us as his heart did yield to. His eminent service, first against
  Pluscardie, and then against Ja. Graham, got him the church’s
  extraordinary favour, to be helped with 100,000 merks out of their
  purses, for the mounting him a regiment; the greatest offering which
  ever our churchmen made at one time. This did not a little lift
  his spirit, and get him the far best regiment in the army. With
  the western recruit, it became stronger than any two regiments in
  the kingdom. At this time many of his old doubts revive upon him;
  which, by the knavery of his Captain-Lieutenant, Govan, and frequent
  messages of his late friends, Cromwell, and these about him, became
  so high, that though extraordinary pains were taken upon him, yet he
  would receive no satisfaction, so far as to act any thing against the
  enemy, except there might be a treaty. And it appeared therein, that
  Cromwell was not willing to retire, upon our assurance not to molest
  England on the King’s quarrel, whom he professed to be so far fallen
  from all his right to England, that, for his wrongs to Scotland, he
  ought at least to be banished the land, or made a perpetual prisoner.

  Strachan’s axiom and debates put the whole army and committee of the
  west in such confusion and discouragement, that all acting against
  the enemy was impossible. But the matter stood not at this point. In
  our debates, at the time of the engagement, our publick professions
  were, of our clearness to fight against the English sectaries, for
  vindication of the covenant, and the King’s just rights, on the
  parliament’s grant to us of some few desires. Mess. J. Guthrie and
  Jo. Livingston their whisperings a little in the ear to the contrary,
  were not then audible. It was strange to me thereafter, when I heard
  Wariston and Mr Guthrie speak it out, that it would take a long
  debate to clear from the covenant, the lawfulness of an offensive
  war against Cromwell and his party; yet in a short time it appeared,
  that the quarrel of the King or covenant, or any quarrel tending to
  war with the English, became to divers more questionable than it
  wont to be. Whether a fear of the troubles of war, or a despair of
  conquering the King to the publick, or their own personal interests,
  or a desire to keep the government, not only in the form, but in
  the hands it was in, or truly judgement of mind, drew men to those
  changes of former professed principles, I cannot say; only a great
  deal of zeal was begun to be practised against all who did smell in
  any excess of favour towards the King. What strict acts of kirk and
  state were made against malignancy. What numbers were cast out of
  their charges in the church, state, and army. What bars were put to
  their re-admitting. You know too much pleading was for the justice
  of beheading the King, whatever fault was in the actors. Mr Guthrie
  and Mr Gillespie’s debates were passionate against the proclaiming
  of the King, till his qualifications for government had first been
  tried and allowed. You may remember the labour was taken to hinder
  the addresses to the King; and how like it was to have prevailed,
  had not the reason, authority, and diligence of Argyle, overswayed
  it; and, for all that could be said, the voting of Mess. Guthrie,
  Gillespie, Hutcheson, and Durham, that no commissioner should be sent
  till a change in the King should appear; and when it was carried to
  send commissioners, I will not forget the great study of some to make
  their instructions so rigid, that few had any hope the King would
  ever assent to them; and when, above hope, the King had yielded to
  all the commissioners had required, the industry of these same men
  to get new instructions posted away to Holland, which, had they come
  thither before the King’s imbarking, were expected by all should
  have ruined the treaty. Yet when, by the extraordinary favour of
  God, the King was brought into Scotland, to do what either kirk or
  state had required; and, upon this agreeance, the noise of Cromwell’s
  march towards us was grown loud, Sir John Cheesly, Hopeton, and
  Swinton, kept off, by their debates in parliament, the raising of
  our army so long, that we were near surprised; and when our army
  was got together at Leith, the same men helped, by their continual
  cross-debates, to keep all in confusion. Their strange affronting
  of the King at Leith; the putting of him to a new declaration; and,
  when he stuck but at some hard expressions, concerning the persons
  of his father and mother; their procuring from the kirk and state
  that terrible act of disclaiming his interest of the 13th of August;
  that same night, without the kirk’s knowledge, printed it, and sent
  it to Cromwell with a trumpet. All these things bred jealousies in
  the observers, what the intentions of some men might be; yet all was
  dissembled, till after the defeat at Dunbar these intentions broke
  out in their actions. So soon as they saw it probable that they were
  to have a force to be ruled by themselves alone, it became their work
  to have that army so great, and the other at Stirling so small, as
  they were able.

  Then, in these meetings with Mr Gillespie, where Sir John Cheesly
  and some three or four burgesses did meet oft and long, propositions
  of a strange and high nature were in hand, as Robert Lockhart, who
  sometimes was present, did show to Argyle and others. The first
  vent of their motions was at the provincial synod in Glasgow,
  where Mr Patrick, Mr Hutcheson, Ker, Strachan and others, with
  much night-waking, brought forth that strange remonstrance of the
  synod, where Mr Patrick, obtaining a committee to consider the sins
  procuring the wrath of God on the land, did put such men on it as
  he liked best, and by them the framing of the draught was put upon
  himself, who quickly begat that pretty piece which I sent you. It
  doubtless had been the subject of more discourse, had it not been
  drowned in the subsequent more absurd one on the same head in the
  name of the army; for at the very first, it fell on the face of the
  general assembly and parliament, and condemns both for their first
  treating with the King, and for the renewing of it in a second
  address; but most for closing of it without evidence of his real
  change. Then these most bitter invectives against the state, for
  which Mr Patrick had used so high language with you and Mr Douglas,
  in face of the commission, at length are all brought in, with large
  additions, to any thing was then heard. I have oft of late regretted
  to see the judicatories of the church so easily led to whatever some
  few of our busy men designed, but never more than in the particular
  in hand. I am sure the most of that writ was without the knowledge
  of the most, and against the sense of many, of the brethren. Yet
  all was voted, _nemine contradicente_, except honest Mr W. Russel,
  Mr R. Ramsay, and Mr Jo. Bell, spoke a little to some words, but
  on the matter let all go. Fearing what was in hand, I could speak
  but little. The night before I expected nothing more should have
  been pressed but a keeping out engagers from the army. I loved not
  to appear in contradiction to some violent men; yet my heart being
  against their conclusion, I was, after much soliciting and prayer,
  brought to a necessity of contradicting, and had thought on some
  reasons for that point to have been mainly proponed for my dissent;
  although I doubt not but my impatience and canker had broken out, if
  I had heard, which I had never dreamed of, their invectives against
  the treaties; but the Lord, in a very sensible way to me, carried it
  so, that neither the synod was troubled with me, nor the peace of
  my mind by them. I once inclined to absent myself, and had indeed
  gone out, but behoved to return, not daring to take that course; but
  behold, when I was ready to go to the synod at that diet when the
  remonstrance came in, my Lord Cassils sent his man to call me to
  speak with him at his lodging. While we are a little serious about
  sundry of the publick affairs, I found that more time had gone than
  either of us had observed, and telling him that my absence from
  the synod might be mistaken, I took my leave, and with all haste
  I got up to the church; where I found, at my entry, that all the
  debates on that paper were closed, and after thrice reading, it was
  going to the vote. I adored divine providence, who truly beside my
  purpose, but much to my content, had given me a fair occasion to
  say nothing of a writ, whereof I never heard a line read. This, for
  the time, and since, was a satisfactory ground for my silence, to
  my own mind, in that remonstrance which brought to the consenters,
  let be the contrivers, but small credit; the commission of the
  church having so far disavowed it, as for no request they could be
  induced to countenance it towards the committee of estates; but Mr
  Patrick behoved to present it himself, without the company of any
  from that meeting, which would have made a noise, had not the second
  remonstrance filled the ears of the whole kingdom with a louder sound.

  Mr R. Ramsay and others had pressed that for removing of
  jealousies from many who were then speaking their doubts of some
  mens intentions, that the officers of the army should put forth
  a declaration of their designs. To me the motion savoured not.
  Since the raising of these forces were allowed by the states, all
  declarations from particular officers seemed needless; yet, on the
  synod’s motion to Colonel Ker, a declaration by him and his fellows
  was promised, and presently gone about by Mr Patrick and the chief
  associates then present. But, as Mr Patrick told us, it was laid
  aside by the advice sent them by Wariston from Stirling, and Mr James
  Guthrie, betwixt whom and them the posts then and thereafter ran very
  thick night and day, not so much on that ground, he told us, that
  they thought it illegal for such private persons to make publick
  manifestoes, as for that, as I suspect, which he told us not.

  About this time, the King’s head was filled by some unhappy men
  about him, especially Dr Fraser and Henry Seymour, with many extreme
  fears. After the affront at Leith, they had raised suspicions in his
  mind, which, upon the defeat at Dunbar, were increased, but, by the
  separate rising in the west, brought near to the head of a design to
  break the treaty with him, and agree upon his expenses with Cromwell.
  Upon these motions, the malignants in the north stept in, and, by
  the forenamed persons, began a correspondence for the raising of the
  north for his present service, under the conduct of Middleton. So
  many noblemen were on this unhappy enterprise. Crawford was given out
  for its head and contriver, albeit he professed to me his opposition
  to it. Lauderdale knew of it; but he has said so far to me, that I
  believe him he opposed it to his power. However, the thing was so
  foolishly laid, and the King, by the counsels of these about him,
  was so various in giving order for that rising, sometimes commanding
  and then countermanding to rise, that all the party was put in a
  confusion; yet, by the information of these foresaid fools, the
  King being put in fear, that Lorn, going timely to bury a soldier,
  was drawing together his regiment to lay hands on him, contrary to
  his former resolutions; he took horse with some two or three, as if
  it had been to go a kawking, but crossed Tay, and stayed not till
  he came to Clowe in Angus. By the way he repented of the journey,
  and meeting with Lauderdale at Diddup, and Balcarras coming from
  Dundee by accident, was almost persuaded by them to return; yet, by
  Diddup and Buchan he was kept in Clowe. But when he came to that
  miserably-accommodated house, and in place of the great promised
  forces, he saw nothing but a small company of highlanders, he
  presently sent for Robert Montgomery, who was near with his regiment,
  and without more ado, did willingly return, exceedingly confounded
  and dejected for that ill-advised start. When it was first blazed
  abroad, it filled all good men with great grief, and to my own heart
  it brought one of the most sensible sorrows that in all my life I had
  felt. Yet his quick return of his own accord, and his readiness to
  give all satisfaction for that failure, and his kind receiving by the
  committee of states, among whom he ever sat after his return, (though
  never before), turned our grief suddenly into joy, his absence not
  lasting above two full days. Yet all men were not so soon satisfied.

  Sundry of them who had been on the plot, fearing a discovery and
  punishment, flew to arms; Lewis Gordon, Ogilvie, Athol, and others,
  under Middleton’s command, putting out a number of fair pretexts for
  their rising. This might have destroyed all; yet, by God’s mercy, all
  was quickly quieted. D. Leslie, with all his horse, marched towards
  them; the King wrote earnestly to them to lay down. The committee
  of estates sent a fair act of indemnity, and so without more ado
  they went home. Mr James Guthrie had well near marred this peace; he
  moved Middleton’s summar excommunication. Mr R. Douglas, and most
  number present, were against it; yet Mr James and Mr Patrick, by two
  or three votes of elders, obtained it. And though the committee of
  estates, by an earnest letter, intreated Mr James to delay a little
  the execution, yet on the next sabbath he executed the sentence to
  the regret of many.

  When the northern storm was ended, the western winds began to blow
  the louder. I told their declaration was kept in by advice from
  Stirling, as many thought, to make vantage of the new failings at
  court; for these were looked on with a greedy eye, and exaggerated
  to the height of truth. When, with a great deal of expenses and
  trouble, our forces in the west were levied, and present action
  against Cromwell promised and expected, their very first march is
  to Dumfries, the farthest place they were able to chuse from the
  enemy’s quarters. The pretence was to attend the motion of the enemy
  coming from Carlisle; but when the party which went from Edinburgh
  to fight them, neither in the going nor coming, was looked upon,
  nor any good at all done by that long march, but the hazarding the
  country, and the spoiling of a number of noblemen and gentlemen of
  their saddle-horse, and lying still at Glasgow, while Cromwell took
  up Glasgow. This made it visible they had some other thing in hand
  than to mind the enemy. By their earnest missives they had brought
  Wariston from Stirling to Dumfries. There, after some debate, the
  draught of the remonstrance is brought to some perfection, you see.
  It seems one main end of both remonstrances was to satisfy Strachan,
  and for that end they came up well near to his full length about
  the King and the state, the malignants and England. For in this
  last paper they are clear in condemning the treaty as sinful, and
  notwithstanding of it to suspend the King’s government till he should
  give satisfactory evidence of his real change, whereof they were to
  be judges, who were never like to be satisfied, although they were
  never like to be troubled with the judging of these signs; for the
  King who had started away upon the suspicion of these things, upon
  the sight of them in an army-remonstrance, was not like to stay: so
  on this escape the government of the kingdom, and the distribution
  of the royal rent in new pensions, all the former being void, fell
  in our own hand; and if the king should have ventured to stay, then
  an effectual course was moved to be taken with him to keep him from
  joining with malignants, which could not be but by a strong guard
  or imprisonment; albeit this was needless, if the course against
  malignants had been taken to put them out of all capacity to hurt
  the people and cause of God; for this could not be but by executing,
  forfaulting, and imprisoning of the chief of them, as we thought fit.

  As for our present state, so many and gross faults were pressed
  against Argyle, the Chancellor, Lothian, Balcarras, and others, that
  in all reason they behoved to be laid aside, and our state modelled
  of new; so that no active nobleman should have any hand therein;
  and as for England, they might rest secure of our armies, not only
  till church and state should agree on the lawfulness and expediency
  of that war was found, but also a clear call from England should
  appear; and if we could not mar the one, and Cromwell the other,
  yet we behoved to move nothing of bringing this King to England,
  whom we had found unmeet to govern Scotland, and though thereafter
  he should change never so much to the better, yet it was injustice
  for us to meddle with a kingdom not subordinate to us. Thus far the
  remonstrance went on, and closed with a solemn engagement on all
  their hearts, if God blessed their armies, to see all these things
  performed. I have oft marvelled that Strachan remained dissatisfied
  for all this; for I verily think, whatever he or Cromwell could have
  desired in Scotland, would easily have followed upon the former
  premises.

  While these things are a-doing at Dumfries, Cromwell, with the whole
  body of his army and cannon, comes peaceably by the way of Kilsyth
  to Glasgow. The magistrates and ministers fled all away. I got to
  the isle of Cumray, with my Lady Montgomery, but left all my family
  and goods to Cromwell’s courtesy, which indeed was great; for he
  took such a course with his soldiers, that they did less displeasure
  at Glasgow than if they had been at London, though Mr Zachary Boyd
  railed on them all to their very face in the High Church. I took this
  extraordinary favour, from their coming alone to gain the people, and
  to please Strachan, with whom he was then keeping correspondence, and
  by whom he had great hopes to draw over the western army, at least
  to a cessation with him; as indeed he brought them by his means to
  be altogether useless; though, on a report of their march towards
  Edinburgh, he left the west in a great suddenty and demi-disorder.

  So soon as the remonstrance was perfected, and all present at
  Dumfries professed their assent to it, except Strachan, conceiving it
  to be too low for his meridian, Mr Patrick and Mr John Stirling, with
  some of the gentlemen, went along with it to Stirling, and Wariston
  in their company. The commission of the kirk refused to meddle with
  it; only Mr Robert Douglas wrote to the presbyteries to send to the
  next meeting at Stirling, with their commissioners of the church,
  some more of their number, of greatest experience and wisdom, to
  advise in matters of great importance. The committee of estates, by
  Wariston’s means, at their first presenting, put no affront upon
  it; but what was a very dangerous error, gave too good words to the
  carriers; and, to allure them to action against the enemy, increased
  their forces, by joining with them the dragoons of Niddisdale and the
  Lennox; and overseeing also the feathers which they had drawn out of
  the Stirling’s wing, the putting them in hopes to get the Stirling’s
  nest, which made them march quickly west to Partick, in order to
  Stirling, thinking that Lesly and Middleton should have been in
  others flesh in the north: but to their open discontent, the northern
  storm being composed, and D. Lesly returned to Stirling, they turned
  their heads another way.

  When, after my return to Glasgow, I saw their remonstrance, and
  Cromwell’s letter thereupon, on the occasion of Strachan’s queries,
  requiring a treaty, which at that same time he sent his prisoners, Mr
  Jaffray and Mr Carstairs, to agent, I was sore grieved, but knew not
  how to help it; only I sent the copies of all, with express bearers
  to Argyle and you at Inverary, and to the Chancellor at Perth, and
  Mr James Ferguson at Kilwinning, with my best advice to you all, and
  resolved myself to keep the next meeting of the commission on the
  call of their letter, to declare my dissent, if I could do no more.
  But behold, the next presbytery-day, when I am absent, Mr Patrick
  causes read again the commission’s letter, and had led it so, that
  by the elders votes, the men of greatest experience and wisdom of
  our presbytery were the two youngest we had, Mr Hugh Binning and Mr
  Andrew Morton. Then when it was pressed that I might be but added to
  them, it was, by a vote, refused, upon supposition it was needless,
  being clear I would doubtless go howsoever. These despiteful votes
  wrought so on my mind when I heard of them, that I resolved not to
  go, for all that could be said to me by many of the brethren; yet
  the clerk of the commission, at the moderator’s direction, writing a
  pressing letter to me from Stirling, I went along to Perth; where, by
  God’s good providence, I have staid since for many good purposes.

  At the meeting of Stirling, there was a conference appointed of
  the chief members of the committee of estates, and commissioners
  of the church, on the remonstrance; wherein there were many high
  words about it betwixt Wariston and Mr R. Douglas, Mr R. Ramsay and
  Mr P. Gillespie, Mr James Wood and Mr James Guthrie, and others.
  No appearance there was of any issue. The time of parliament at
  Perth drawing near, the King, by his letter, invited the meeting of
  church and state to Perth. The desire of many was but to have some
  agreement before, if no other way were possible, as none appeared,
  that the remonstrance might be laid aside, and much of the matter of
  it be pressed in an orderly way by the commission of the kirk, and
  the forces of the west be joined with these at Stirling; since, for
  so long a time, they had acted nothing apart, and never like to act
  any thing for any purpose alone. The remonstrants were averse from
  these motions; so all was laid aside till they came to Perth: at
  which time a new conference was appointed, and four whole days kept
  in Argyle’s chamber. I then, and thereafter, was witness to all, and
  little more than a witness; for not being a commissioner, I thought
  meet to be silent. For the one side, Mr Patrick and Wariston spoke
  most; for the other, Argyle, the Chancellor, the Advocate, and Mr
  Douglas: but Mr Wood spoke most, and to best purpose. Mr Rutherford
  and Mr Durham said some little for sundry points of the remonstrance.
  Mr James Guthrie, most ingenuously and freely, vented his mind; for
  the principal point, (as he avowed he had oft before maintained),
  “That the close of our treaty was a sin, to promise any power to
  the King before he had evidenced the change of his principles; and
  the continuing that power in his hand was sinful till that change
  did appear;” though it was visible, that every day the kingdom
  languished under these debates, which impeded all action. There was
  no remedy. By no persuasion the remonstrance could be taken up; yea,
  the gentlemen gave in a petition to the estates at Perth, in the
  presence of the King, urging the answer thereof; from which petition
  they would not pass: yea, when they were most earnestly dealt with
  to conjoin their forces, all that could be obtained, both by publick
  and divers private entreaties of their best friends, Argyle and
  others, there was a willingness to join on two conditions: The first
  was, an express laying aside of the King’s quarrel in the state of
  the question; the other, to keep none in the army of Stirling but
  according to the qualifications in the act of parliament. When in
  these two all of the gentlemen and officers were found peremptory,
  the conference on Friday, the fourth day of it, was broken off as
  fruitless; though for their satisfaction, the parliament had been
  shifted from the Wednesday to the Friday, and from the Friday to
  the Tuesday again, for all the issue of blood, and starving, that
  was every day visible over the kingdom. Before the meeting, the
  remonstrants had a solemn meeting at Glasgow, by Mr Patrick’s call,
  where, the subscribing of the remonstrance was much pressed on the
  great committee of gentlemen and officers, by the ministers, who sat
  apart in the tolbooth, and called themselves the presbytery of the
  western army. That subscription was generally declined, and by no
  persuasion any more could be obtained, nor a warrant, subscribed by
  Crosbie, the president of the committee, to some few commissioners,
  to present the remonstrance to the state. Mr Robert Ramsay, sore
  against my mind, offered, in his own and my name, once and again, to
  come and debate in their presence, with the brethren, the injustice
  of that remonstrance. This offer was told them in the committee. All
  the answer it got was, that no man was excluded to come and propone
  what they pleased. Upon such entertainment we let them alone. Here
  it was where Strachan, before having laid down his charge, was
  commanded to go no more to the regiment; but he told them expressly,
  he could not obey. Some would have been at laying him fast, for
  fear of his going to the enemy; but lest that Ker and many more
  should thereby have been provoked, they let him alone. Govan, for
  his known correspondence with the enemy, was cashiered, and their
  scout-master Dundass also. Sundry of the officers were suspected to
  be of Strachan’s principles, albeit the most went not beyond the
  remonstrance.

  When the conference was broken off, the Committee of state went
  about their answer to the petitioners, and there began debate. The
  most found the matter high treason; the divesting the King of his
  authority; the breaking of the treaty approven by kirk and state;
  the slandering highly of the judicatories; and engaging of private
  men to change the government. The deepness of these crimes troubled
  the judges; the respect the most of them had to the persons guilty,
  moving them to go far lower than the writ’s deserving, and all of
  them being resolved to make no more of it than was in the committee’s
  power to pardon; they went therefore no higher in the censure than
  you have in the sentence; from which yet near fifteen dissented for
  one or other word, though all professed their disallowance of the
  writ. This dissent was in the King’s presence. If he had been absent,
  as some would have persuaded him, the dissenting might have been
  greater; for Wariston was very long and passionate in his exhortation
  to wave it simply, which had been very unhandsome, since the parties
  peremptorily refused to take it up. At the sentence, the gentlemen
  stormed, but the ministers much more. It came next to the commission
  of the church. The states had given in their sense to them, and
  required the kirk’s judgement. Here came the vehement opposition. The
  remonstrants petitioned to have the present consideration thereof
  laid aside, lest the parties should be discouraged to act against
  the enemy. Mr Rutherford pressed this with much more passion than
  reason, and Mr Guthrie also. Here it was where I spoke but so much
  as declared my sense against the thing. Much dealing was still to
  take it up. Mess. Cant, Blair, Rutherford, and Durham, were sent
  to persuade them; but Mr Patrick was peremptory to shew their
  willingness to quit their life rather than their testimony. So when
  there was no remedy, at last, by Mr Douglas and Mr James Wood’s
  industry most, it came to that mild sentence which you see here
  subscribed. With it the parties were highly offended, and entered
  their loud protestation. Mr Blair came in the hinder end. He and you,
  by your letters, had signified your judgement much averse from the
  remonstrance; which in a scolding way was cried out by Mr John Nevo
  in Mr Blair’s face: to which he replied nothing. Mr David Bennet and
  Mr Hugh Peebles expressed themselves bitterly, and were answered
  accordingly by others. Our Provost, George, spoke in his protestation
  of something like sealing the remonstrance with his blood. All of
  them went out of town highly discontent; though as little occasion
  was given them as possibly could be, either by church, or state,
  or any person. I thought the separation exceeding unhappy, both
  to our west country and to the whole kingdom, but remediless, God
  giving over the chief misleaders, who had oppressed, to my grief,
  many others, to follow their own sense in that which the rest of us
  thought a high and dangerous sin.

  Mr Patrick and Mr James Guthrie, where-ever they came, uttered their
  passion. I heard one who had married Mr Patrick’s sister’s daughter,
  report to Mr Douglas, that Mr Hugh Binning, with Mr Patrick, in
  Kirkaldy, had spoke like a distracted man, saying to Mr Douglas’s own
  wife, and the young man himself, and his mother-in-law, Mr Patrick’s
  sister, “That the commission of the kirk would approve nothing that
  was right; that a hypocrite ought not to reign over us; that we ought
  to treat with Cromwell, and give him security not to trouble England
  with a King; and whoever marred this treaty, the blood of the slain
  in this quarrel should be on their heads!” Strange words, if true.
  Always behold the fearful consequence of that pride of stomach. The
  state sent Col. Robert Montgomery west, to join the best part of the
  horse they had with the western forces, or any part of them that
  would join with him. For this end, he spoke with the commissioners
  of the west, at Stirling, who had been at Perth; but they shewed
  great averseness at any such junction. He wrote also to Ker for this
  effect, and marched towards Glasgow. On the Sunday at night he came
  to Campsie; but on the Saturday, Ker, with all his forces, lying
  at Carmunock, resolves to prevent Col. Robert’s approach, and by
  themselves to make an infall on the English before day.

  Our intelligence was, that the English at Hamilton were but 1200;
  but Lambert lay there, with above 3000 of their best horse. They
  called ours above 1,500; but some double the number: for of all their
  forces, there was not above four or five of Strachan’s troops away.
  Some speak of treachery; for Govan, for all his cashiering, was
  re-admitted by Ker on fair promises. Strachan was not far off. It is
  certain when, at four o’clock in the morning, December 1, our men
  came to set on, the enemy were ready to receive them, having sounded
  to horse half an hour before, as it were for a march to Glasgow. All
  speak of a great rashness, as in an anger, or what else, to cast
  away these forces. Lieut.-Col. Ralston, with a small party of horse,
  entered Hamilton, and most gallantly carried all before him, killed
  sundry; some spoke of hundreds, other are within scores; however,
  he cleared the town of the enemy. Col. Ker, with fewer than 200,
  seconded him well; but at the end of the town, where the body of the
  English drew up again in the field at the back of a ditch, when Ker
  saw it not easy to pass, he retired a little, which they behind took
  for a flight, and all turned their backs; yea, the whole rest fled
  apart; not one would stay. The English pursued as far as Paisley
  and Kilmarnock that day; yet very few were killed. Some say, scarce
  twenty; not above eighty prisoners, whereof Col. Ker made one; as
  some say, deadly, as others, slightly wounded. Argyle said to me, he
  might have escaped if he would. The next day, 200 or 300, who rallied
  in Kyle, by Strachan’s persuasion disbanded; and himself, as fearing
  to be taken by us, went in to Cromwell, with Swinton, whose first
  work was, to agent the rendering the castle of Edinburgh, with their
  dear comrade young Dundass, who most basely, and, as yet it is taken,
  treacherously, gave over that most considerable strength of our
  kingdom. But of this more certainly afterwards.

  The miscarriage of affairs in the west by a few unhappy men, put
  us all under the foot of the enemy. They presently ran over all
  the country, without any stop, destroying cattle and corn, putting
  Glasgow and all others under grievous contributions. This makes me
  yet to stick at Perth, not daring to go where the enemy is master,
  as now he is of all Scotland beyond Forth, [i. e. besouth Forth,] not
  so much by his own virtue as our vices. The loss of the west, the
  magazine of our best forces, put the state presently to new thoughts.
  We had long many debates about employing malignants in our armies.
  Some were of opinion that the acts of church and state were unjust,
  and for particular ends, from the beginning. All agreed, that common
  soldiers, after satisfaction to the church, might be taken in; but
  as for officers, noblemen and gentlemen volunteers, that we were
  not to take them in at all, at least not without an eminent degree
  of evident repentance. The most thought they might be employed as
  soldiers, on their admittance by the church to the sacrament and
  covenant. As for places of counsell and trust, that this was to be
  left to the state’s discretion. However, when the case was clearly
  altered, and now there was no choice of men, the parliament wrote
  to Mr Robert Douglas to call the commission extraordinary. A quorum
  was got, most of these of Fife. The question was proponed, of the
  lawfulness of employing such who before were excluded. The question
  was alledged to be altered from that which Mr Gillespie writes of,
  and that whereto Mr Guthrie had solemnly engaged, a defence of
  our lives and country, in extreme necessity, against sectarians
  and strangers, who had twice been victors. My heart was in great
  perplexity for this question. I was much in prayer to God, and
  in some action with men, for a concord in it. The parliament was
  necessitated to employ more than before, or give over their defence.
  Mr Samuel Rutherford and Mr James Guthrie wrote peremptory letters
  to the old way, on all hazards. Mr Douglass and Mr D. Dick had of
  a long time been in my sense, that in the war against invading
  strangers, our former strictness had been unadvised and unjust. Mr
  Blair and Mr Durham were a little ambiguous, which I much feared
  should have divided the commission; and likely bad done so, if with
  the loss of the west, the absence of all the brethren of the west had
  not concurred. However, we carried unanimously at last the answer
  herewith sent to you. My joy for this was soon tempered when I saw
  the consequence, the lothing of sundry good people to see numbers
  of grievous bloodshedders ready to come in, and so many malignant
  noblemen as were not like to lay down arms till they were put into
  some places of trust, and restored to their vote in parliament.
  Against this necessity for our very being, and hope that the guides
  of our state would, by their wisdom and virtue, and adherence of
  the church and good men, get kept what they had of authority, the
  Chancellor oft remembering us, that in this there was a great
  alteration of the case, that the King being now in covenant, the
  most whose malignancy stood in their following the King against the
  covenant, were no more to be counted malignants, the fountain of that
  evil being stopped in them, there was just ground why that blot and
  name of distinction in that respect should be now abolished. Another
  inconvenience was like to trouble us, a seed of Hyper-Brounism, which
  had been secretly sown in the minds of sundry of the soldiers, that
  it was unlawful to join in arms with such and such men, and so that
  they were necessitated to make a civil separation from such, for
  fear of sin, and cursing of their enterprises. The main fomenters
  of these doubts seemed not at all to be led by conscience, but by
  interest; for the officers of our standing army, since the defeat at
  Dunbar, being sent to recruit the regiments in the northern shires,
  little increased that number, but taking large money for men, and yet
  exacted quarters for men which were not; this vexed the country, and
  disappointed the service. The officers, by the new levies, thought
  it easy to be recruited at their pleasure; but an act passing, that
  the new levies should not recruit the old regiments, they stormed,
  and gladly would have blasted the new way for their own ends. Under
  these evils we wrestle as yet, but hope for a good end of these
  divisions also. In the mean time Cromwell is daily expected to march
  towards Stirling to mar the coronation, which, sore against my heart,
  was delayed to the first of January, on pretence of keeping a fast
  for the sins of the King’s family on Thursday next. We mourned on
  Monday last for the contempt of the gospel, according to Mr Dickson’s
  motion, branched out by Mr Wood. Also you see in the printed papers,
  upon other particulars the commission at Stirling, which appointed
  these fasts, could not agree. The remonstrants pressed to have sundry
  sins acknowledged which others denied, and would not now permit them
  to set down as they would what causes of fast they liked. Surely
  we had never more need of mourning, be the causes, what God knows,
  visible or invisible, confessed or denied, seen or unseen, by all but
  the most guilty. It cannot be denied but our miseries and dangers of
  ruin are greater than for many ages have been; a potent victorious
  enemy master of our seas, and for some good time of the best part of
  our land; our standing forces against this his imminent invasion,
  few, weak, inconsiderable; our kirk, state, army, full of divisions
  and jealousies; the body of our people besouth Forth spoiled, and
  near starving; the be-north Forth extremely ill-used by a handful of
  our own; many inclining to treat and agree with Cromwell, without
  care either of King or covenant; none of our neighbours called upon
  by us, or willing to give us any help, though called. What the
  end of all shall be, the Lord knows. Many are ready to faint with
  discouragement and despair; yet divers are waiting on the Lord,
  expecting he will help us in our great extremity against our most
  unjust oppressors.

       *       *       *       *       *

  This day we have done that what I earnestly desired, and long
  expected, crowned our noble King with all the solemnities at Scone,
  so peaceably and magnificently as if no enemy had been among us. This
  is of God: for it was Cromwell’s purpose, which I thought easily he
  might have performed, to have marred by arms that action, at least
  the solemnity of it. The remonstrants, with all their power, would
  have opposed it: others prolonged it so long as they were able.
  Always, blessed be God, it is this day celebrated with great joy
  and contentment to all honest-hearted men here. Mr Douglas, from 2
  Kings, xi. Joash’s coronation, had a very pertinent, wise, and good
  sermon. The King sware the covenant, the league and covenant, the
  coronation-oath. When Argyle put on the crown, Mr Douglas prayed
  well; when the Chancellor set him on the throne, he exhorted well;
  when all were ended, he, with great earnestness pressed sincerity
  and constancy in the covenant on the King, delating at length King
  James’s breach of the covenant, pursued yet against the family, from
  Neh. v. 13. God’s casting the King out of his lap, and the 34th of
  Jeremiah, many plagues on him if he did not sincerely keep the oaths
  now taken. He closed all with a prayer, and the 20th psalm.

  Dundas and Major Abernethy have most basely delivered the castle
  of Edinburgh to Cromwell. All the ministers saw the treachery, and
  protested against it. Wariston, Sir John Cheesly, and the Provost
  of Edinburgh, who put them in that trust, contrary to the minds of
  others, have little credit by it.

  Now the parliament having, by the needless length of some, sat so
  long, ended their session on Monday after twelve at night. None of
  the remonstrants are on the committee of estates. Wariston, with
  great difficulty, was got on. All dilligence will now be used to
  get up an army. The Lord be with us. Our greatest danger will be
  from famine. Now get victuals to starving Ireland. It were an happy
  benefit if your Hollanders would bring us in victual for money.
  The Spaniard, nor any other, could never, by their persuasion nor
  force, hinder them to trade where-ever they find gain. Is not this
  a strange slavery now, our love to the English murderers, that they
  for their pleasure should give over all trade with us their brethren
  and well-deserving friends? Though we should never be able to revenge
  their ingratitude, yet there is a God who will see to it. Our case
  will be exceeding hard if, before the summer, your Zealanders, on
  piety and pity, be not moved to bring us victuals for all the money
  we have resting; though it may be the Lord may be pleased to open
  some other door which yet is not visible to us.

  _Perth, January 2, 1651._

  P. S.—I think to-morrow we shall give order to excommunicate
  Strachan, and relax Middleton the next sabbath. By the coming of
  some, all engaging officers and noblemen were all purged out of
  our army, but now I think all of them, without any considerable
  exception, are received. On this necessary conclusion, some turbulent
  men are like to be factious; but to-morrow a warning is to be put
  out for their reclaiming if possible. By God’s blessing, our affairs
  shortly may be in a better posture. Our great troublers, both in
  church and state, have set themselves aside. If God give us over
  to Cromwell, we expect little good from these men but a violent
  executing of all in their remonstrance; but otherwise I think they
  may be brought quickly to repent their needless quarrelling. However,
  the Lord’s will be done, who has begun to comfort us with the
  smallest appearance of better hopes.

       *       *       *       *       *

_To Mr Calamy, Minister at London._

Glasgow, July 27, 1653.

  At this time I have no more to add, but this one word, to let you
  know, That on the 20th of July last, when our general assembly was
  set in the ordinary time and place, Lieutenant-Colonel Cottrell beset
  the church with some rattes of musqueteers and a troop of horse.
  Himself (after our fast, wherein Mr Dickson and Mr Douglas had two
  gracious sermons) entered the assembly house; and, immediately after
  Mr Dickson the Moderator his prayer, required audience; wherein he
  inquired, If we did sit there by the authority of the parliament of
  the commonwealth of England? or of the commanders in chief of the
  English forces? or of the English judges in Scotland? The Moderator
  replied, That we were an ecclesiastick synod, an spiritual court
  of Jesus Christ, which meddled not with any thing civil; that our
  authority was from God, and established by the laws of the land yet
  standing unrepealed; that by the Solemn League and Covenant, the most
  of the English army stood obliged to defend our general assembly.
  When some speeches of this kind had passed, the Lieutenant-Colonel
  told us, his order was, to dissolve us. Whereupon he commanded all of
  us to follow him; else he would drag us out of the room. When we had
  entered a protestation of this unheard-of and unexampled violence,
  we did rise, and follow him. He led us all through the whole streets
  a mile out of the town, encompassing us with foot-companies of
  musqueteers, and horsemen without; all the people gazing and mourning
  as at the saddest spectacle they had ever seen. When he had led us
  a mile without the town, he then declared what farther he had in
  commission, That we should not dare to meet any more above three in
  number; and that against eight o’clock to morrow, we should depart
  the town, under pain of being guilty of breaking the public peace:
  And the day following, by sound of trumpet, we were commanded off
  the town, under the pain of present imprisonment. Thus our general
  assembly, the glory and strength of our church upon earth, is by your
  soldiery crushed and trod under foot, without the least provocation
  from us, at this time, either in word or deed. For this our hearts
  are sad, our eyes run down with water, we sigh to God against whom
  we have sinned, and wait for the help of his hand; but from those
  who oppressed us we deserved no evil. We hear a noise of further
  orders, to discharge all our synods and presbyteries, and all prayer
  for our King. Many the most moderate reckon such orders will make
  havock of our church, and raise against many the best men we have, a
  sore persecution; which, God willing, we purpose to endure with all
  patience and faith, giving just offence to none.

  I detain you no more. The Lord mind his Zion in these lands, and
  bless you, who for the time stand in the most eminent pinnacle
  thereof. Thus rests, your Brother to serve you,

  ROBERT BAILLIE.

       *       *       *       *       *

_To Mr William Spang._ July 19, 1654.

  As for our church affairs, thus they stand. The parliament of
  England had given to the English judges and sequestrators a very
  ample commission to put out and in ministers as they saw cause, to
  plant and displant our universities. According to this power, they
  put Mr John Row in Aberdeen, Mr Robert Leighton in Edinburgh, Mr
  Patrick Gillespie in Glasgow, and Mr Samuel Colvill they offered to
  the Old College of St Andrew’s. This last is yet held off; but the
  other three act as Principals. All our colleges are quickly like to
  be undone. Our churches are in great confusion. No intrant gets any
  stipend till he have petitioned and subscribed some acknowledgement
  to the English. When a very few of the remonstrants and Independent
  party will call a man, he gets the kirk and the stipend; but whom the
  presbytery, and well near the whole congregation, calls and admits,
  he must preach in the fields, or in a barn, without stipend. So a
  sectary is planted in Kilbride, another in Lenzie, [or Kirkintilloch,]
  and this guyse will grow rife, to the wrack of many a soul.

  We thought at the general assembly to have got some course for this;
  but Colonel Lilburn, the commander in chief, gave orders to soldiers
  to break our assembly before it was constituted, to the exceeding
  great grief of all, except the remonstrants, who insulted upon it;
  the English violence having trysted with their protestation against
  it. Since that time we have had no meeting for the whole church,
  not so much as for counsel, though the remonstrants have met oft,
  and are like to set up a commission and assembly of their own for
  very ill purposes. They are most bitter against those who adhere
  to their covenant in the matter of the King and assembly. They are
  as bent as ever to purge the church. To punish men truly deserving
  censure, we are as willing as they; but their purging is, for common,
  a very injurious oppression. Sundry of them fall openly to the
  English errors, both of church and state, and many more are near to
  that evil; yet Lord Wariston, Mr James Guthrie, and others, still
  profess their great aversion to the English way: however, their great
  aversion of the King, and of the late assemblies, and their zeal to
  make up the church and army, and places of trust, only of the godly
  party, (that is, their own confidents,) make them dear and precious
  men to the English, do or say what they will, and their opposites but
  rascally malignants. This makes them exceeding bold, knowing of their
  back; and were it not for a few more moderate men among them, they,
  before this, would have played strange pranks. However, they are
  going on pretty fast. Their wracking of the congregation of Lenzie,
  and dividing of the presbytery of Glasgow, their doing the like in
  the congregation and presbytery of Linlithgow, you heard long ago;
  also what they have done in Bathgate, and sundry parts of the south.
  I will only give some account of their last dealings.

  From their meeting in Edinburgh they were instructed to have monthly
  fasts and communions. They excluded more than the half of these who
  were ordinarily admitted. Six or seven ministers, leaving their own
  congregations desolate, were about the action. Numbers of strangers
  flocked to these meetings. At their fasts, four or five ministers
  of their best preachers in the bounds exercised from morning to
  even. The great design of this was evidently but to increase their
  party; whereof yet in most places they missed. Always the word
  went, that they purposed to put up committees, for purging and
  planting everywhere as they thought fit. I was so charitable as
  not to suspect them of any such purpose, when the land was full of
  confusion and danger; yet I found myself disappointed; for at our
  synod, the moderator’s sermon ran on the necessity of taking up the
  too-long neglected work of purging. The man’s vehemency in this, and
  in his prayer, a strange kind of sighing, the like whereof I had
  never heard, as a pythonising out of the belly of a second person,
  made me amazed. To prevent this foolish and cruel enterprise, we
  pressed, in the entry of the synod, that in these times of confusion
  we might be assured of peace till the next synod, as we had been in
  the three former synods. We intimated our great willingness to cast
  out of the ministry all whom we conceived either unfit for weakness,
  or scandalous: but a synod so divided in judgment as we were, we
  conceived very unfit for any such work. When we found our desire
  flatly refused, and perceived a clear design to set up presently
  their tyrannous committees, we, as we had resolved beforehand, and
  were advised by the ministry of Edinburgh, and others of our mind,
  required them, that our synod might be rightly constitute; that
  ministers censured by the general assembly, and elders notoriously
  opposite to the last three general assemblies, might have no voice.
  When this was flatly refused, we shewed we were necessitated to sit
  by ourselves, and leave them in their separation from the general
  assembly and church of Scotland. When, by all we could say, nothing
  could be obtained, all of us who adhered to the general assembly
  went to the Blackfriars, and there kept the synod, leaving our
  protestation with them. Some brethren travelled all the next day
  for an union. We offered it gladly, on condition that they would be
  content for this time of the land’s trouble and danger, to leave all
  meddling with things controverted, or else to constitute according to
  the act of the general assembly. When neither could be obtained, (as
  you may see in the paper of mediation,) we constituted ourselves in a
  synod by an act; and when we had appointed a fast, we closed, to meet
  at Irvine the next diet. To our absent brethren we sent a letter,
  and an information of our proceedings to the neighbouring synods of
  Lothian, Galloway, Argyle; also Fife, Perth, and the Merse.

  The remonstrants chose Mr William Guthrie for their moderator, and
  one James Porter, a devoted servant of their party, for clerk; named
  a committee of their most forward men to go immediately to Lanerk, to
  purge and plant as they found cause; sent two of their gentlemen, Sir
  George Maxwell and Walkingshaw, with the help of their good friend
  Bogs, and Commissary Lockhart. Mr Somerville, and Mr Jack, and, when
  they prevailed not, two of their ministers, Mr William Somerville,
  and Mr William Jack, went to the Governor of Glasgow, Col. Couper,
  for a troop of horse to guard them at Lanerk and Douglas. Some of
  them, to their power, fomented a very injurious scandal on Mr Robert
  Hume, whom we had made minister at Crawfordjohn contrary to their
  mind; their committee laboured to their power to try that their
  own invention, but failed therein. There is an old man, Mr John
  Veitch, minister of Roberton, they sent two or three ministers of
  their number to hear him preach. On their report, they pronounced a
  sentence of deposition on him as insufficient. But their chief work
  was at Douglas. The noblemen, gentlemen, whole heritors, people, and
  session, unanimously had called Mr Archibald Inglis, a very good
  and able youth, to his father’s place. They stirred up some of the
  elders, who subscribed a call to the young man, to desire his trials
  might be before the united presbytery, and not before our part of
  it, from which the remonstrants had separated. This motion they so
  fomented, that these few elders, with a very few of the people, were
  moved by them, contrary to all the congregation, to give a call to
  a silly young man, a mere stranger, from Fife, one Mr Francis Kidd,
  who had never been heard nor seen in the bounds. This man they bring
  to the kirk on the Sunday. When the people refused to let him or
  them enter, he preached on a brae side to some strangers and a few
  of the people of Douglas, and even these run away from hearing of
  him, except a very few of them. Sermon ended, they sent one to read
  an edict at the church door, who refused to give a copy of what he
  read. Without more ado, on Monday morning, they passed all his trials
  in one hour, and came to the church of Douglas in the afternoon to
  give him imposition of hands. The body of the people and heritors
  hindered their coming into the church and churchyard; whereupon they
  sent once and again for their English guard. By all their importunity
  they could get none of the troop to countenance them, except twelve,
  with the lieutenant. By the power of their sword, as was avowed on
  all hands, on a brae side, without preaching, they admitted him
  minister of Douglas: An abominable example, generally much abhorred,
  which shews what we may expect from that party. Our Synod appointed
  some to join with the true presbytery of Lanerk, which met the week
  thereafter; tried, with all accuracy possible, what could be found
  in the scandal of Mr Hume; found nothing but malice of some parties,
  fomented by ministers; with the unanimous consent of the people of
  Roberton, strengthened the minister, and appointed a helper to be
  settled there in an orderly way; admitted to the church of Douglas Mr
  Archibald Inglis, after all trials duly performed, with the blessings
  and tears of the congregation. Possibly they will procure an order
  from the English, that the stipend and church shall go to Mr Kidd and
  his twelve or sixteen followers, and Mr Inglis shall be tolerated,
  with much ado, to preach to the whole congregation, Marquis of
  Douglas, Earl of Angus, whole heritors and people, in the fields, or
  a barn, without a sixpence of stipend.

  In this glass see our condition. It is so in sundry congregations
  already, and like to be so in many more; not so much through the
  violence of the English, as the unreasonable headiness of the
  remonstrants, which for the time is remediless; and we, for fear
  of worse from their very evil humour, give way to permit them to
  plant divers churches as they like best. This formed schism is very
  bitter to us, but remediless, except on intolerable conditions,
  which no wise orthodox divine will advise us to accept: We must
  embrace without contradiction, and let grow, the principles of the
  remonstrants, which all Reformed divines, and all states in the
  whole world abhor; we must permit a few heady men to waste our church
  with our consent or connivance; we must let them frame our people to
  the Sectarian model; a few more forward ones joined among themselves
  by privy meetings to be the godly party, and the congregation, the
  rest, to be the rascally malignant multitude: so that the body of
  our people are to be cast out of all churches; and the few who are
  countenanced, are fitted, as sundry of them already have done, to
  embrace the errors of the time for their destruction. Against these
  abominations we strive so much, and so wisely, as we can. Mr R.
  Douglas, Mr Dickson, and others, have yet got Edinburgh right. The
  faction which Mr Robert Traill and Mr John Stirling have there is
  inconsiderable. Mr R. Blair and Mr J. Wood keep St Andrew’s and Fife
  pretty right. Mr Rutherford, to the uttermost of his power, advances
  the other party. Mr John Robertson and Mr William Rate get Angus
  and Dundee right: but the naturally heady men of Aberdeen are come
  to the full design too soon; yet the body of the people and country
  are right. In this Mr J. Guthrie in Stirling comes but small speed:
  albeit his confident, Sir William Bruce of Stenhouse, be made the
  English sheriff in Linlithgowshire, they have used great violence,
  imprisoned their chief opposite Mr John Waugh, forced a silly man
  into the ministry of Linlithgow, and another on Bathgate, contrary
  to all the synod of Lothian could do; yet the body of the people
  there is flat against them. Their greatest prevalency is with us
  in Glasgow, which comes much more by Mr James Durham’s professed
  neutrality, but real joining with most of the other’s designs, and Mr
  John Carstair’s zeal, than any thing that Mr Patrick Gillespie had
  done, or could do, by himself. This is the pitiful condition of our
  church, which is but going on from evil to worse till the Lord remeid
  it.

  As for our state, this is its case. Our nobility are well near all
  wrecked. Dukes Hamilton, the one executed, the other slain; their
  estate forfeited; one part of it gifted to English soldiers; the
  rest will not pay the debt; little left to the heretrix; almost the
  whole name undone with debt. Huntly executed; his sons all dead but
  the youngest; there is more debt on the House than the land can pay.
  Lennox is living as a man buried in his house of Cobham. Douglas and
  his son Angus are quiet men, of no respect. Argyle, almost drowned
  in debt, in friendship with the English, but in hatred with the
  country. He courts the remonstrants, who were and are averse from
  him. Chancellor Loudon lives like an outlaw about Athol; his lands
  comprised for debt, under a general very great disgrace. Marischal,
  Rothes, Eglinton and his three sons, Crawford, Lauderdale, and
  others, prisoners in England; and their lands all either sequestrated
  or forefaulted, and gifted to English soldiers. Balmerino suddenly
  dead, and his son, for publick debt, comprisings, and captions, keeps
  not the causey. Wariston, having refunded much of what he got for
  places, lives privily in a hard enough condition, much hated by the
  most, and neglected by all, except the remonstrants, to whom he is
  guide. Our criminal judicatories are all in the hands of the English;
  our civil courts also; only some of the remonstrants are adjoined
  with them. In the session are Craighall, and his brother Hopeton, Mr
  A. Pearson, Southall, Col. Lockhart, and Swinton. The only clerks to
  the session are Mr John Spreul and William Downie. The commissariot
  and sheriff courts are all in the hands of English soldiers, with the
  adjunction in some places of some few remonstrants. Strong garrisons
  in Leith, Edinburgh town and castle, Glasgow, Air, and Dumbarton,
  Stirling, Linlithgow, Perth, Dundee, Burntisland, Dunnotter,
  Aberdeen, Inverness, Inverary, Dunstaffnage, &c.

  Of a long time no man in the whole isle did mute. All were lulled
  up in a lethargic fear and despair; only the other year, Glencairn
  and Balcarras, understanding of an order to apprehend them as
  corresponding with the King, retired to the hills of Athol. Kenmure
  having escaped from England, when his house was burnt and his rents
  seized upon, got to the Lennox with a few horse. Lorn being but
  coarsely used by his father, joined with Kenmure. To these sundry did
  associate, Glengary, Athol, Seaforth, not so much to do any thing
  against the English, as to make some noise of a party, to encourage
  the King’s friends abroad to send him supplies of men, arms, and
  money. At once a great animosity did rise in every shire of the land.
  Very many young gentlemen made bold with all the serviceable horses
  they could find about them, and notwithstanding of all the diligence
  the English could use to prevent, great numbers came safe to the
  hills. The war with Holland, and rumour of great help from over seas,
  did increase daily both the number and courage of this party.

  But behold inward division doth hazard all at the very beginning. The
  irreconcileable discord betwixt Argyle and Hamilton had undone the
  isle, and almost both the families. Glencairn, Hamilton’s cousin,
  did much mistrust and slight Lorn. Ralston, and the remonstrant
  gentlemen of Kintyre, seemed ready to arm for the English, against
  the King’s party. Lorn and Kenmure, with the men they had raised,
  went to Kintyre to suppress these. They, on hope of the English
  assistance from Ayr, fortified the castle of Lochead. But when
  neither Argyle nor the English appear in their defence, they render
  the house to Lorn’s discretion. Kenmure thinking the besieged better
  used by Lorn than they deserved, fell in a miscontent, and went from
  Lorn to Glencairn with many complaints. Balcarras also unwilling
  to have Glencairn above him, and conceiving it was best for the
  advancing of the King’s affairs, that till the King himself, or one
  of the authority from him, should come, the party should be ruled
  by a committee without any supreme officer, and that all admitted
  to councils and command in the army should declare for the Solemn
  League and Covenant. For these ends he dealt with Lorn, Seaforth,
  and Athol, till Glencairn produced a commission under the King’s
  hand to be general, till himself or some from him should come to
  take the command. This unexpected commission put all to a submissive
  silence, but increased heartburnings. Lorn professing all firmness to
  the King and cause, was not willing to take orders from Glencairn,
  till he knew more particularly the King’s pleasure. For this end,
  he Balcarras, and others, wrote to the King their discontent with
  Glencairn’s command. These letters were intercepted, and brought to
  Glencairn; whereupon he gave order to Glengary to apprehend Lorn
  to answer for his sedition. Lorn hardly enough escaped Glengary’s
  pursuit. Balcarras retired; and, a little after, with his lady, went
  disguised through England to the King. Notwithstanding of all these
  pitiful and shameful debates, Glencairn’s party still increased, and
  his conduct became considerable. The whole highlands, isles, and much
  of the north, and numbers from the lowlands, were come unto him; so
  it was thought, at Middleton’s coming, he had here and there 8000
  or 9000 foot, and 2000 or 3000 horse, of very stout and resolute
  men as ever we had on the fields, the most of them old soldiers. But
  at Middleton’s coming, when neither the King, nor his brother, nor
  any foreign forces did appear, the hearts of many began to doubt;
  and when, after his coming, some months, notwithstanding of all the
  reiterated promises, no foreign assistance at all did come; but on
  the contrary, the Holland peace was proclaimed; the treaty of the
  Protector with Sweden went on; the French ambassador at London was
  solemnly received, as the Spanish and Portugal had been; all human
  hope began much to fail, especially after Monk’s coming down as
  general, the proclamation of the Protector, the act of union, and the
  ordinance of grace, which forfeited and deeply fined so many, and
  subjected the whole privileges of the nation to the Protector and his
  council’s pleasure, with the abolition of royalty, the whole branches
  of the family-royal, and all Scots parliaments and conventions of
  estates; the taking of Kinnoul, Lieutenant-Colonels Heriot, Wishart,
  Forsyth, and sundry more of our Scotsmen, unhappily: all these were
  so hard presages, that the most gave all the King’s affairs for gone,
  and many thought that the King, whether through their weakness, or
  the treachery of the few counsellors about him, or the cross aspect
  of all Europe towards him, had so far disappointed the expectation of
  his friends, that while he lived he was not like to get such a party
  for his service in Scotland.

  So for the time the case of our land is most sad. Monk, by sea and
  land, is to beset Glencairn and his party, and with much severity
  to crush them, and for their sakes to lie more heavily on the whole
  subjected country, beginning with the best of the ministers; who,
  after mutual advice, find themselves in conscience necessitated to
  keep the King still in their publick prayers. They have been very
  careful to give the English no other offence at all; for in all this
  northland rising, to my best knowledge, there is no minister in
  Scotland who has had the least hand or any meddling. However, for
  this our great treason of naming the King in our publick prayers,
  (as we conceive our duty, covenant, and directory of worship do
  require, as you will see in the papers herewith sent you), we are
  like to suffer heavy things. For all this our eyes are towards the
  Lord. We expect protection from him; and if so he think meet, we are
  willing to seal our testimony, in faith and humble modesty, with all
  the sufferings which the injustice of men may be permitted of our
  heavenly Father to impose upon us.

  Being called the other week to confer with the brethren of Edinburgh,
  I was comforted to find all that met, fully in my sense about prayer
  for the King, and affairs of our divided synod, divided presbytery,
  troubled college, and all else we spoke of. But it was a sad sight
  to see the general affliction at the proclamation of the Protector,
  of the act of union, the act of forfaultry and deep sinning of so
  many, the preparations of Monk by sea and land presently to swallow
  up the northern party, destitute of all hope of the oft-promised
  foreign supplies, as common fame surmised. As our miseries, (without
  a kingdom wholly, without any judicatories to count of of our own,
  without a church well near), are great; so we expect they shall
  increase, and the next heavy dint shall fall on the chief of the
  ministry. At once it will not be safe to have any audible complaints
  of these things either to God or man.


_Postscript, July 20, 1654._

  While I waited long for a bearer, I add further, our triumviri,
  Mess. Livingston, Gillespie, and Menzies, staid long at London
  without much access to the Protector. He thought it good to write
  for Mess. Douglas, Blair, and Guthrie. Mr Blair excused his health.
  Mr Guthrie, by a fair letter, declared his peremptoriness not to go.
  Mr Douglas, by Monk’s friendly letter, got himself also excused. On
  their not coming, Mr Livingston got leave to return, and is at home.
  Mr G. and Mr M. are expected. The business of the plot gave not
  the Protector much leisure for auditing of them. Only we fear that
  our church shall be cast under such a committee as now guides all
  ecclesiastical affairs in England, absolutely as the Protector thinks
  fit, the most whereof are Anabaptists, Independents, and gentlemen
  of no ecclesiastical relation. We thank God that persecution on the
  ministry is not yet begun, except what the remonstrants draw from
  the English on some few. Mr John Waugh and Mr Robert Knox were long
  prisoners for naming the King in their prayers; yet now they are at
  their liberty, and at their charges, to our great joy.

  As to our anti-synod, after the pranks in Lanerk they met synodically
  very frequent at Glasgow, fell on a committee for purging all the
  presbyteries. I alone went up to them, intreated them with many fair
  words to delay any such work, and for that end gave them in a large
  paper, which a very gracious and wise brother, somewhat a mid-man
  betwixt us, had drawn for that end, which I send to you, that from
  it you may more fully learn our present temper. All this labour
  procured little; for notwithstanding they proceeded in their work,
  and appointed their purging and planting committees; but with this
  proviso, that they should have, at their next meeting, a conference
  with any I pleased of my mind before they proceeded. Against their
  day I had our part of the synod met, and full information of the
  brethren of Edinburgh and others for our proceeding. We presently
  set up a purging and planting committee as well as they, and of
  these we appointed a number to confer with them. With much ado we
  got them to stay till the first of August, upon a new conference:
  against that day Mr James Ferguson drew up a paper of his overtures
  for our reunion, and I drew up another. You have both here. What the
  issue shall be you may hear afterward; only these things lie heavier
  on my heart than any man’s else I know, for usually at the times of
  these comfortless janglings, I am sick and distempered with grief and
  discontent, though every one of them gives me more respect than to
  any other; yet for the remediless breach I am heavily oft troubled in
  my own mind, which I use to pour out before God, and get them courage
  and strength to go on, and bear the burden.

  General Monk went to the fields in the beginning of June, thinking
  and professing that the discussing of the northern Tories would cost
  him but a few weeks labour; and we indeed expected no other; for the
  English in men, horse, money, and all things they could desire, had
  the clear advantage: yet we cannot hear of any great progress he has
  made. So soon as Glencairn had rendered his commission to Middleton;
  on a jar between Monro and Glengary, Glencairn speaking for Glengary,
  got a challenge from Monro; which he answered, and beat Monro, to his
  great commendation. This affront, not so much resented by Middleton
  as need had been, together with the King’s too much neglect, as some
  say, in his late commissions, of Glencairn’s very great services,
  upon the information, as it is thought, of Lorn and Balcarras, he
  left Middleton, and came with a small party to the Lennox. The noise
  of this malecontentment exceedingly discouraged many; but at once
  Glencairn carried it so, that all this discouragement was quickly
  changed; for with the small party he had, he defended the pass of
  Aberfoyle so well against Monk’s frequent assaults, and sent out,
  for good purpose, so many small parties to Clydesdale, Renfrew,
  Cunningham, Kyle, Carrick, and Galloway, as retarded a while Monk’s
  march to the north; and when he went north, notwithstanding of
  all the garrisons, and beside them one full regiment of foot and
  another of horse, left at Glasgow and Kilsyth, the party sent out
  from Glencairn, ran up and down the whole country, and did what
  they liked, without great impediment. Monk found his march to the
  north very troublesome. The people carried all out of his way;
  stragglers were snapped up; the hills made sundry both horse and
  men sicken and die. It was oft printed, that Morgan had Middleton
  so enclosed in Sutherland, that he could not escape to the south;
  yet when Middleton thought it time, he divided his men in parties,
  and passed by, with ease, both Morgan and Monk, coming to Perthshire
  and Argyle, notwithstanding all they could do to impede him. Colonel
  Brian’s regiment from Ireland, landing in Lochaber, was lighted on
  by the country-people, and near 100 of them slain: for this Monk did
  cause burn all the lands of Lochaber, Glengary, and Seaforth, as he
  came through. Glenorchy had been too great an intelligencer to the
  English, and sided with Argyle against Lorn his son: so Middleton
  caused burn much of his land. This burning, now begun on both hands,
  may ruin the whole country. It is thought the English have their full
  of the highland hunting, and that the flux is fallen among them,
  which make them speak already of quartering. It seems Middleton minds
  no fighting in any body, but shifts till he see what time may bring
  forth. The country every where suffers much; yet is patient, for they
  see no remedy; also the victual all this year, is at 4 lb. the boll,
  a greater appearance of the continuance of this greater plenty, than
  has been seen in our days....

  That you may know the way of planting our churches, have this late
  practice. Mr John Galbraith of Bothkennar was deposed for tippling
  and other faults, some three or four years ago. When Mr James Guthrie
  continued to preach in Stirling, after his deposition by the general
  assembly, Mr Galbraith followed his example, and returned to his
  pulpit. His people loved him better than Stirling did the other.
  Of the presbytery of Stirling, Mr James Simpson, of Airth, likewise
  deposed and Mr Jo. Hogg, of Larber, adhered to Mr Guthrie, and these
  three made one presbytery. Mr R. Wright and other two or three
  adhering to the assembly, made themselves another presbytery. Mr
  George Bennet and other two were neutrals, and abstained from both.
  Mr Guthrie began a process of excommunication against Mr Galbraith;
  but he boasted so fast to excommunicate Mr James if he proceeded
  against him, that this was left off. Mr James professes to have no
  meddling with the English at all, and to be much averse from all
  compliance with them, yea to mislike Mr P. Gillespie’s way; yet Sir
  William Bruce of Stonehouse, his special and intimate friend to this
  day, has taken the sheriffship of Stirling from the English, and
  continues ruling elder in Mr James’s presbytery. By his means an
  order is procured from the English, that Mr John Galbraith shall give
  over preaching. This he is forced to obey. The whole parish gives
  an unanimous call to Mr William Galbraith, a good young man; but an
  order comes from the English to hinder his plantation; and the whole
  parish’s supplication oft presented to the English, could not get it
  helped; for the judges are fully for the remonstrants, though General
  Monk seems to dislike them. Thereafter one Mr John Blair, never heard
  nor seen by the parish, is named by Mr Guthrie’s presbytery to be
  minister of that kirk; for that people having adhered to a deposed
  minister must be counted malignant, and so lose their right to call,
  and the right of calling must fall in the hands of the presbytery; so
  an order is procured by the presbytery’s ruling elder, Sir William
  Bruce, from the English, to admit that Blair. Mr Ja. Guthrie causes
  convene a great number of this faction from divers parishes about,
  and gets Mr Robert Traill from Edinburgh, and Mr John Carstairs from
  Glasgow, and others to spend a day in preaching and prayer at his
  admission. The whole people of the parish meet, and keep the other
  out of the kirk; the tumult begins; dry strokes are distributed; some
  fell upon the sheriff’s neck. The gentlemen-parishioners, so soon as
  the sheriff produced his English orders for the admission, ceded; but
  the people continued all day casting stones and crying: yet they went
  on with their work, and thrust in the man. For all this, Mr Guthrie
  has no dealing with the English, and does no wrong. Our oppression is
  great and crying.




FOOTNOTES:


[1] 1597.

[2] Dec. 19, 1597.—1606, c. 2. 1612, c. 1.

[3] “History of his Own Times,” p. 11 of imperial edition, 1837.

[4] Acts, 1637.

[5] Acts, 1633, c. 3.

[6] 1634.

[7] November 1635.

[8] Burnet, pp. 11-14. Burnet’s account of these several proceedings,
confirmed as it is by authentic records, seems entitled to the fullest
credit; for it is taken from documents in his hands, which enabled
him to give a genuine and unvarnished statement of the most minute
particulars.

[9] See Neale’s “History of the Puritans,” a work of great research and
value.

[10] Clarendon, Baillie, Spottiswood, Burnet, Row, Guthrie, Calderwood,
Kirkton, Melville; and, more recently, Hume, Laing, Cook, M‘Crie,
Aiton, &c.

[11] First Book of Discipline, c. iv. § 14; c.v. § 5.

[12] 1616.

[13] Hist. of Ch. of Scotland, vol. ii., p. 360.

[14] Balfour’s Annals, vol. ii., p. 226, _et sequen_.

[15] Baillie, vol. i., p. 15.

[16] Burnet’s Mem. 33; Baillie, i. 30-4; Hardwick’s State Papers, ii.
101.

[17] 3d Dec. 1557. 31st May 1559. 27th April 1560. _Vide_ Knox.

[18] See Booke of the Universall Kirke, annis 1580-1590.

[19] Hist. of Ch. of Scot., vol. ii., p. 415.

[20] Both Mr Laing and Dr Cook say it was the 1st of March, (on the
authority, perhaps, of Guthrie and Stevenson,) but Rothes’ Relation,
and the minutes of the subsequent Assembly, shew that it was in
February. It is much to be regretted that Burnet, Baillie, and other
chroniclers, and even later historians, are not sufficiently attentive
to dates; and this carelessness in chronology often occasions great
perplexity, and leads to much confusion of events in their narratives.

[21] Vide these in Notes upon the Assembly 1638.

[22] 1606, 1608, 1610, 1616, 1617, 1618.

[23] The King’s Commission and Letter, here inserted, are not in the
print of Acts which is followed in this edition, but are copied from
the “Large Declaration” by the King, p. 234, _et sequen._—A.P.

[24] Censura propositionum quarundam ex Hibernia per sacram Facultatem
Theologiæ Parisiensis facta.

[25] Balfour, vol. ii., p. 207.—Although this document be the first
ostensible indication of a movement on the part of the Churchmen with
respect to the state of the form of Government, subsequently to the
time which we have adopted as the commencement of these collections,
yet several years sooner, there were various intimations of King
Charles’s views, and of the opposition they were likely to encounter.
Spottiswood had in 1624 sent a memorial to King James, recommending
the introduction of the English Church forms, canons, &c. This motion,
however, the King had not the courage to adopt. In April 1625, King
Charles wrote to Spottiswood that he was resolved to enforce all the
laws of the former reign, in reference to Church matters. In August
following, he issued a proclamation for the enforcement of the Perth
Articles. (Wodrow’s Life of Spottiswood, p. 12.) On 12th July 1626, he
gave instructions (Balfour, vol. ii., p. 142,) not to enforce these
articles against ministers who had been admitted prior to the Assembly
1618, and that such as had been ousted for nonconformity should be
reponed on conditions; but conformity was to be enforced on all who
had entered after the Perth Assembly. The bishops disliked this, and
clamoured for conformity. On 8th February and 3d May 1627, (Balfour,
vol. ii., p. 125, 126,) the King agreed to enforce it against Papists,
but rebuked the Prelates for want of charity to their brethren; and,
indeed, from a paper of Spottiswood on the state of the Church as
to conformity, it appears that the Perth Articles were in very rare
observance, and some of them not at all. In 1630 the King sent a letter
to Spottiswood, intimating that the whole order of the English Church
should be adopted in Scotland. In May 1631, the King sent orders for
a meeting of bishops and subservient ministers, to advise as to the
introduction of organs, surplices, a service book, and King James’s own
translation of Psalms. An organ, &c. were introduced into the Chapel
Royal; (Baillie’s M.S., p. 3, Row 272,) and considerable uneasiness
created by these innovations. And when the petition from the clergy
was presented to the King in 1633 at Dalkeith, the day before he
entered Edinburgh, the King answered Rothes sternly—“No more of this,
I command you!” From this it is evident that the King was inflexibly
bent on enforcing the Episcopalian formularies and rites. This is more
fully illustrated in the following documents, which are arranged in
chronological order from 1636 down to the end of the year 1638. _Vide_,
also, Aiton’s Life of Henderson, p. 125, _et sequen_, and authorities.

[26] Balfour, vol. ii., p. 224.

[27] Privy Council Record, from 1636 to 1639.

[28] Privy Council Record.

[29] Privy Council Record.

[30] Ibid.

[31] Privy Council Record.

[32] Ibid.

[33] Privy Council Record.

[34] Balfour, vol. ii., p. 227.

[35] Privy Council Record.

[36] Balfour, vol. ii., p. 229.

[37] Burnet, p. 31.

[38] Balfour, vol. ii., p. 232.

[39] Ibid, p. 233.

[40] Balfour, vol. ii., p. 236.

[41] Large Declaration, p. 33.

[42] Large Declaration, p. 38.

[43] Large Declaration, p. 41.

[44] Ibid, p. 42.

[45] Balfour, vol. ii, p. 237.

[46] Large Declaration, p. 46.

[47] Balfour, vol. ii., p. 240.

[48] Balfour, vol. ii., p. 249.

[49] There is on record a Declaration by the King as to the Service
Bookes, (f. 242,) 7 Dec. 1637; a proclamation against Convocations, (f.
246,) on 19 Feb. 1638; a Declaration anent the Service Booke, (f. 258,)
on 9 July; another, (f. 263,) 22 Sept. and act thereanent (f. 264,)
and for the King’s Confession, (f. 265,) with the general bond for
maintenance of the true religion, (f. 266.) An Act ordaining the lieges
to sign it, (f. 269,) 24 Sept. A Missive from the King to the Council,
for assisting the Commissioner at the Assemblie, (f. 271,) ult. Oct.
Warrant for sealing Commissioner’s Commission, (f. 273,) 13 Nov. Charge
against suche as goes to the Assemblie without Commission, (f. 274)
14 Nov. Missive for assisting the Commissioner at the Assemblie, (f.
275,) dated 8 Nov. Letter from the Councel to the King, (f. 275,) dated
from Glasgow, 28 Nov. Proclamation for dissolving the Assembly of same
date, (f. 276,) and a Proclamation anent the Assembly annulling the
acts done therein, dated at Halyrud-house, the 18 of Dec. (f. 278.) Of
these several Acts and Documents, the most material are inserted in the
present collection—and such as are omitted will be found on the record
of the dates, and in the folios of the original now indicated.

[50] Large Declaration, p. 48.

[51] Large Declaration, p. 50.

[52] Balfour, vol. ii., p. 258.

[53] Burnet, p. 36.

[54] Burnet, p. 37.

[55] Balfour, vol. ii, p. 252.

[56] Large Declaration, p. 88.

[57] Burnet, p. 39.

[58] Burnet, p. 41.

[59] Burnet, p. 43.

[60] Burnet, p. 45.

[61] Burnet, p. 46.

[62] _i.e._, The Covenant.

[63] Burnet, p. 50.

[64] Large Declaration, p. 77.

[65] Burnet, p. 55.

[66] Burnet, p. 56.

[67] Ibid, p. 58.

[68] Burnet, p. 59.

[69] Balfour, vol. ii., p. 266.

[70] Burnet, p. 60.

[71] Large Declaration, p. 96.

[72] Large Declaration, p. 98.

[73] Burnet, p. 61.

[74] Burnet, p. 62.

[75] Large Declaration, p. 91.

[76] Balfour, vol. ii., p. 275.

[77] Rothes’ Relation, p. 150.

[78] Rothes’ Relation, (App. Bannatyne Club Print,) Napier’s Montrose,
&c. p. 172.

[79] Burnet, p. 65.

[80] Large Declaration, p. 116.

[81] Large Declaration, p. 117.

[82] Large Declaration, p. 123.

[83] Burnet, p. 67.

[84] Burnet, p. 67.

[85] Ibid, p. 69.

[86] Burnet, p. 70.

[87] Burnet, p. 72.

[88] Burnet, p. 74.

[89] Dr M‘Crie’s Collection of Pamphlets.

[90] Large Declaration, p. 129.

[91] Burnet, p. 79.

[92] Large Declaration, p. 146.

[93] Large Declaration, p. 134.

[94] Dr M‘Crie’s Collection of Pamphlets.

[95] Large Declaration, p. 157.

[96] Large Declaration, p. 147.

[97] Burnet, p. 81.

[98] Large Declaration, p. 233.

[99] Balfour, vol. ii., p. 295.

[100] Large Declaration, p. 198.

[101] Large Declaration, p. 200.

[102] Ibid, p. 201.

[103] _Sic_ in copy.—_Ed._

[104] Burnet, p. 86.

[105] Burnet, p. 84.

[106] Burnet, p. 82.

[107] Ibid, p. 90.

[108] Large Declaration, p. 209.

[109] Large Declaration, p. 230.

[110] Dr M‘Crie’s Collection of Pamphlets.

[111] Burnet, p. 91.

[112] Burnet, p. 99.

[113] Ibid, p. 92.

[114] Burnet, p. 93.

[115] Ibid, p. 100.

[116] Burnet, p. 94.

[117] Appendix to an answer to the Protestation for Prelates, in Dr
M‘Crie’s Collection of Pamphlets, certified by Archibald Jhonston, the
Clerk, compared with List in Stevenson’s History, and corrected by the
original Commissions. It appears from the original Commissions still
extant, and indorsed in the handwriting of Mr ARCHIBALD JHONSTON, the
Clerk, as “produced and approven 24 November 1638,” that three Elders
from Dumfriesshire, are omitted in this Roll—viz., John Kennedie of
Halleaths, bailie of Lochmaben, Walter Millar, clerk of Annan, and
William Grierson, bailie of Sanquhar. The number of Members whose
commissions were sustained, amounted at least to 140 Ministers and 100
Ruling Elders.

[118] Burnet, p. 96.

[119] Hardwicke’s State Papers, vol. ii., p. 113.

[120] Maxwell.

[121] Traquair.

[122] Roxburgh.

[123] Sir J. Hamilton.

[124] Sir Thomas Hope.

[125] Large Declaration, p. 265.

[126] Burnet, p. 101. See also annexed Report.

[127] See the Moderator’s Speech in annexed Report.

[128] Large Declaration, p. 290.

[129] Large Declaration, p. 294; and also in the Records of the Kirk,
certified by the Clerk.

[130] Hardwicke’s State Papers, vol. ii., p. 121.

[131] Burnet, p. 108.

[132] Burnet, p. 107.

[133] Burnet, p. 109.

[134] Dr M‘Crie’s Collection of Pamphlets, verified by certified copy
among the Records of the Church.

[135] Folio MS., f. 46. There is no date to this Letter in the copy
from which we transcribe; but it was probably written about the
time the Assembly 1638 dissolved itself on 20th December, when the
Supplication to the King from the Assembly was adopted, (_vide_ p.
41 of these Records.) Baillie, in his 11th Letter, dated September
28, 1639, gives the following account of the reception of that
Supplication; and it is interesting as an index to the state of
feeling on the part both of the King and Covenanters. It is stated in
the Folio MS., that the Supplication to the King was “sent up wᵗ Mr
George Winrahame,” who was probably, therefore, the bearer both of it
and of this Letter to Hamilton. Baillie says (vol. i. p. 150), “The
Supplication which we decreed in the Assembly of Glasgow to be sent
to the King, could hardly be got presented. However, many would have
ventured to have gone with it though their heads should have gone
therefor; yet understanding of the King’s wrath and the danger there
was, even in peaceable times, for any subject to play the ambassador,
or capitulate with the Prince when he did not call for or his council
did not send up, which by law and his declared will is appointed to
be his only informer in high points of state; also hearing oft words
from court of great spite against the very lives of most of our nobles,
gentry, and ministry, who were able to agent our business, it was
resolved that none of note or parts should go up, without greater
assurance of their return than could for that time be expected; and
withal, a gentleman of the Marquis of Hamilton’s acquaintance, Mr
George Winram, undertook, on all hazards, to deliver to the Marquis the
Supplication, and, upon his refusal, to give it to the King himself. He
was no worse than his word, as, indeed, some of our fair undertaking
statesmen thereafter did prove. He went to Court, shewed the Marquis
his errand. His Grace acquainted the King, who was pleased that it
should be received. His Grace took it, and on his knee read it to his
Majesty in the Council. The best answer it got was, ‘When they have
broken my head, they would put on my cowl.’”

[136] It will be observed that there is a discrepancy as to Sessions
and Dates during the earlier sederunts of the Assembly—the _third_
being entirely omitted in this Report or blended with the second, while
Baillie and the Clerk’s abstract give a different arrangement; but we
deem it our duty to adhere inflexibly to the text as it stands.—ED.

[137] This gentleman was son-in-law of the Bishop of Orkney.—ED.

[138] The Deposition of the Bishop of Brechin is omitted in the Glasgow
Folio MS., and is therefore supplied from Mr Laing’s Copy.

[139] “The Bishops’ Doom. A Sermon preached before the General Assembly
which sat at Glasgow anno 1638, on occasion of pronouncing the
Sentence of the greater Excommunication against eight of the Bishops,
and deposing or suspending the other six. By Mr Alexander Henderson,
moderator of that and several subsequent Assemblies. With a Postscript
on the present decay of church-discipline. Edinburgh: Printed by
John Gray and Gavin Alston. Sold by them at their printing-house in
Jackson’s close, and by W. Gray bookseller in the east corner of the
Exchange. MDCCLXII.

“_Advertisement._—It must be observed in justice to the venerable
author of the following sermon, that by the journal of the general
assembly 1638, he had only allowed him from the evening of the
preceding day to study that sermon. His thoughts, amidst such a
multiplicity of work as was then on his hand, behoved also to be much
perplexed; and his sermon, though subjoined at the end of that journal,
seems only to have been taken down in the time of delivery by an
amanuensis. Yet, mank as such a fragment is, it seems worthy of being
preserved; and the same will, it is hoped, prove useful not only for
vindicating the practice of that assembly, but also for stirring up
others to attempt a faithful discharge of the like duty, upon grounds
equally relevant, as necessary not only for reclaiming the impenitent,
but also as an indispensable testimony to the truth of our Lord’s
dominion over the Church.”

[140] Mr Stevenson, in his “History of the Church and State of
Scotland,” (1753, _et ann. sequen_,) after giving the closing speeches
of Henderson and Argyle, concludes his account of the Assembly,
1638, in these terms:—“The Assembly being thus happily concluded, Mr
Henderson said—_We have now cast down the walls of Jericho: let him
that rebuildeth them beware of the curse of Hiel the Bethelite._” As
Mr Stevenson does not state on what authority this is given, and as
it is not mentioned in any other work that we have chanced to see, we
merely add it in a note, (the expression being frequently referred to,)
without having before us any contemporary voucher for its accuracy.

[141] Although Lowdoun and Johnston, as we have seen (_vide_ their
Speeches, Report, p. 167), attempted to explain away the effect of
the several Acts of Parliament to which we refer, yet it is due to
the truth of history to say, that there is no mistaking the tenor
and effect of those Acts. By the 1st Act of King James VI., 18th
Parliament (9th July, 1606), the power and prerogative of the King are
declared “over all estates, persons, and causes whatsoever, within the
said Kingdom.” And by the very next Act (2d), he is declared to be
“Soveraigne Monarch, absolute Prince, Judge, and Governour over all
persons, estates, and causes, both _spiritual_ and _temporall_;” and,
further, the previous Acts by which Bishops had been ousted or denuded
of their titles, privileges, and benefices, are rescinded, and the
order “restored and redintegrated,” to all intents and purposes. Again,
in 1612 (23d Oct.), there is another Act, ratifying the ecclesiastical
arrangements made by the packed and bribed Assembly at Glasgow in
1610, which were out-and-out Episcopalian. Furthermore, there was an
Act, 26th June 1617, anent the election of Archbishops and Bishops;
and, finally, on the 4th of August 1621, there was another Act of
Parliament ratifying the 5 Articles of Perth, adopted by another packed
Assembly in August 1618. All these statutes, and the surreptitious and
corrupt Acts of Assemblies which they ratified, were doubtless infamous
encroachments on the liberties of the subject and the legitimate laws
of the Church; but still they were the law of the land, emanating
from the supreme authority of Parliament, and which Parliament
alone could rescind. Johnston (the Clerk of Assembly) said—“I know
certainlie that this office of Bishop was never established by any Act
of Parliament in Scotland;” and Lowdoun averred that “the Act 1612
does not ratifie that which is concludit in Glasgow Assembly which
now is condemned; that ground being taken away, the ratification also
falls.” Johnston’s statement is contradicted by the statute-book;
Lowdoun’s statement and his inference are equally contradicted, and
inconsistent with themselves; for, if the Act 1612 had not ratified
the Acts of the Assembly 1610, how could the condemnation of these by
the Assembly 1638, infer that the _ratification_ thereby fell? There
is reason to apprehend, that the Assembly of 1638 was mystified by
such statements—the Acts of Parliament and Assembly not being then, as
now, accessible to the community generally—and hence we may ascribe
some of the stretches of ecclesiastical authority at that Assembly, to
malinformation as well as to passion.

[142] Erskine’s Institutes, B. 4, tit. 1, § 17.

[143] Baillie, vol. i., p. 150.

[144] Acts, 19 and 20, 1639.

[145] Row, p. 340.

[146] Burnet, p. 111.

[147] Mem. Ch. of Scot., p. 188. Stevenson, p. 679.

[148] Burnet, p. 113; and Letter.

[149] Baillie, vol. i., p. 151. Rushworth’s Coll., vol. ii. p. 830.

[150] Baillie, vol. i., p. 152.

[151] Burnet, p. 115.

[152] Vide “Documents.”

[153] Balfour, vol. ii., p. 221-3. Baillie, vol. i., p. 158-9.

[154] Baillie, vol. ii, p. 160.

[155] See p. 81 and 83.

[156] Vane’s Letter, 4th June. Burnet, p. 139.

[157] Baillie, vol. i., p. 173.

[158] Vide Documents.

[159] Bishop Burnet, in allusion to this treaty, remarks on it, (p.
143,) that “some made another observation, though of less moment,
yet not _unpleasant_, upon Mr Henderson—that it was strange to see
a Churchman, who had acted so vigorously against Bishops for their
meddling in civil affairs, made a Commissioner for this treaty, and
sign a paper so _purely civil_.” In making this paltry observation,
the courtly prelate seems to have overlooked what he had recorded not
two pages before, that this was not a treaty “purely civil.” Its first
and leading condition related to religion, and pledged the King to
call a free General Assembly, in which all ecclesiastical matters were
to be settled, and afterwards to be ratified in Parliament. This was,
in fact, the foundation and essence of the treaty; and it was fitting
that the chosen representatives of the Church should be parties to so
important a treaty. This was very different, indeed, from being a “Lord
of Privy Council,” or a “member of the High Commission.”

[160] This petition and deliverance are given from the Register of
Privy Council, as the most authentic source. It varies in a few
particulars, as well as in the orthography, from the copy authenticated
and printed by the Clerk of Assembly—ED.

[161] Although several of these Acts are thus said to be “not printed”
in the official edition, several of them appear in that edition, and in
the foregoing reprint from it.—_Ed._

[162] Privy Council Record.

[163] Rushworth, vol. ii., p. 791.

[164] Ibid, p. 818.

[165] Heylyn’s Life of Laud, p. 359. We have not been able to find the
entire proclamation itself; but Heylyn’s account may be trusted as to
its character.

[166] Privy Council Record.

[167] Privy Council Record.

[168] Folio MS., f. 62.

[169] Folio MS., f. 68.

[170] Burnet, p. 118.

[171] Ibid, p. 119.

[172] Ibid, p. 119.

[173] Burnet, p. 120.

[174] Ibid, p. 121.

[175] Ibid, p. 121.

[176] Burnet, p. 123.

[177] Privy Council Record.

[178] Burnet, p. 122.

[179] Folio MS., f. 65.

[180] Burnet, p. 123.

[181] Burnet, p. 124.

[182] Edinburgh Town Council Record.

[183] Edinburgh Town Council Record.

[184] Burnet, p. 127.

[185] Folio MS., f. 66.

[186] Burnet, p. 125.

[187] Burnet, p. 126.

[188] Privy Council Record.

[189] Privy Council Record. There are other Acts of Council relative
to these matters—one on the 13th May, anent the fencing of Parliament
(which was called for the 15th), and adjournment thereof to the 23d of
July—and another on the 15th, in which it is recorded that the Lords
of the Covenant had refused passports to Sir Tho. Hope and Sir Ja.
Carmichael to go to the King; but these it is unnecessary to give. The
meeting of Parliament was afterwards prorogued from time to time till
November following.

[190] Folio MS., f. 67.

[191] Burnet, p. 136.

[192] Ibid, p. 129.

[193] Folio MS., f. 68.

[194] Burnet, p. 131.

[195] Folio MS., f. 67.

[196] Burnet, p. 131.

[197] Burnet, p. 130.

[198] Burnet, p. 135.—This letter refers to Aboyne and others.

[199] Folio MS., f. 69.

[200] Burnet, p. 133.

[201] Folio MS., f. 74.

[202] Ibid, f. 70.

[203] The name of the vessel whence this letter bears date, seems to
have suggested the following effusion in verse, which, if it do not
equal Thomas Campbell’s lines on the same theme, in poetical beauty,
has, at least, a priority in point of time to recommend it.

VERSES UPON THE RAINBOW.

_By Mr Patrick Hamilton, Minister of Cambuslang._

The Rainbow was to man a signe of peace: This doth portend much
blood—no sign of grace. God’s Rainbow stayed the floods—O, greatest
wonder! This threats to burn us all with fyrie thunder. What
greife!—that He was hop’t to grace our land, Should, to destroy it, in
his Rainbow stand! Lord, either make his Rainbow like to the, Or, under
Thyne, let us sure shaddowed be. Thyne reaches so long owre heaven,
air, earth, sea— This but a blast, and bounded is by The: Tyme rotts
the ane: Thyne doeth remain for ay, Proclaiming peace unto thy saints
alway. Man’s Rainbowe’s collor’s red, and full of fyre; Thine whyte,
blew, red—signes of thy quenched ire.


[204] Folio MS., f. 71.

[205] Folio MS., f. 69. This is an answer to a short and general but
very kindly letter from the Earl of Holland, dated 22d May.

[206] Folio MS., f. 68.

[207] Burnet, p. 137.

[208] Burnet, p. 133. Reported by Sir Henry Devick.

[209] Burnet, p. 138. Hamilton’s Letter, to which this is the answer,
suppressed by Burnet.

[210] Burnet, p. 139.—This letter affords sufficient evidence of the
King’s apprehensions as to the increasing power of the Covenanters,
which made him resolve “to keep himself on a defensive;” and it is
confirmed by the King’s postscript. And Burnet (p. 140) tell us that
Hamilton had warned his Majesty in the Gallery of Whitehall, “that few
of the English would engage in an offensive war with Scotland.” This
_apologist_ of Hamilton states farther that, on reaching the English
camp early in June, “the Marquis did shew the King that, while the
fire-edge was upon the Scotish spirits, it would not prove an easie
task to tame them, but would be a work of some years, and cost much
money and many men: he therefore desired the King would consider if it
were not fit to consent to the abolishing of Episcopacy and giving way
to their Covenant _till better times;_ and that, as the chief leaders
had entered upon that course, being provoked by some irritations and
neglects they had met with, so it might be fit to regain them by
_cajolery_ and _other favours_. And to persuade the King to this course
was easier, that both his reason and his affection to his subjects
did co-operate with it—a great strengthening coming to it by my Lord
Canterbury’s opinion, who saw a pacification absolutely necessary for
the King’s service, and did advise it.” And Hamilton got a warrant
under the King’s hand, to “deal with” the Scotch leaders in the way
thus suggested. It was at this time that Montrose was induced, by what
motives still remains unexplained, to forsake the Covenant and join the
King’s party; and previously to the treaty, Home, Buccleugh, and some
others also forsook the national banner.

It is curious to contrast these disclosures of the real state of facts
at the time referred to, with a piece of gasconade in Heylyn’s Life
of Laud, (p. 365,) which, in its leading points, is contradicted by
letters under the King’s hand to Hamilton. “These preparations (for
negotiation, says this Doctor of divinity) being made, they fand an
easier business of it than they had any reason to expect, to bring
his Majesty to meet them in the middle way. _It was not his intent to
fight them_, as I have heard from a person of great trust and honour;
but only by the terrour of so great an army to draw the Scots to do
him reason. And this I am the more apt to credit, because when a Noble
and well experienced commander offered him (then being in camp near
Berwick) that with _two thousand horse_, (which the King might very
well have spared,) he would so waste and spoil the country, that the
Scots should creep upon their bellies to implore his mercy,—he would by
no means hearken to the proposition.”

[211] Folio MS., f. 73.

[212] Folio MS., f. 74-75.—The looseness of Burnet and others who
treat of this pacification, and the lack of dates to several of the
documents, referable to the period of the negotiations, is apt to
create uncertainty and indistinctness as to the several steps and
stages in its progress; and it is somewhat difficult to fix the precise
days on which some of the notes, &c. were written and communicated.
Minute exactness in this respect is perhaps now but of small
importance, (though historical truth depends much on chronological
accuracy;) but attention to the following particulars enables us, with
considerable certainty, to assign to the several documents their proper
place.

The repulse of the King’s troops at Kelso took place on the 3d of
June; and in the interval betwixt that day and the 7th, the Earl of
Dunfermline was despatched from the Scotch to the King’s camp, with
renewed supplications for opening negotiations. On the 7th, Sir E.
Verney brought a message from the King, requiring his proclamation to
be published; and it was read at General Leslie’s table on the 7th,
when, accompanied by Dunfermline, Verney returned to the King’s camp
with a favourable report. On the 8th, the King agreed to negotiate, and
wrote a letter to that effect. On the 10th, (Burnet says the 11th,) the
first meeting took place, and three more afterwards—viz., on the 12th,
15th and 18th—at the last of which the King’s Declaration was adjusted,
and the articles of pacification agreed to.—Vide Baillie, vol. i. p.
179-183.

[213] Folio MS., f. 75.

[214] Folio MS., f. 75.

[215] Folio MS., f. 75.

[216] Folio MS., f. 75.

[217] Burnet, p. 141.

[218] Folio MS., f. 78, and Burnet, p. 143.

[219] Folio MS., f. 79.

[220] Folio MS., f. 78. The correctness of this narrative of what
passed at the negociations was afterwards impugned by Charles, and it
was burnt in London by the hands of the hangman.

[221] Privy Council Record.

[222] Folio, MS., f. 79.

[223] Burnet, p. 144.

[224] Hardwicke, vol. 1., p. 141; who adds this note: “As Burnet, in
his Memoirs of Hamilton, has already mentioned, though in an inaccurate
way, this extraordinary warrant, it is thought not improper to publish
it exactly from the original.”—Burnet’s statement thus referred to is
to the following effect (p. 148:)—“But, before they came to Berwick,
the King _ordered_ the Marquis, by a warrant in writing, yet extant
under His Majesties hand, _to try what way he could gain upon them,
and discover the bottom of their intentions, how the estate of Bishops
should be supplied in Parliament, and how far they intended to lessen
the King’s Authority._ The King also allowed him to use what means he
pleased, and speak to them what he thought fit; not onely authorizing,
but requiring him to it, and warranting him, if he were ever questioned
or accused for it by any. Bearing date at Berwick the 17th of July
1639.”

[225] Burnet, p. 149.

[226] Burnet, p. 154. “Penned” by Hamilton, and “interlined” by
Canterbury.—Burnet, p. 153.

[227] Burnet, p. 155.

[228] Burnet, p. 156.

[229] Privy Council Record.

[230] Burnet, p. 158.

[231] Folio MS., from f. 169 to f. 211.

[232] It may be proper to explain that Mr David _Dick_, whoso name
is so often introduced as taking a part in the proceedings of these
Assemblies, is the same person as Mr David _Dickson_, minister of
Irvine. This abbreviation of his name appears throughout all the MS.
reports we have seen, although, in the list of members, 1638, and other
documents, it is given at full length. This abbreviation, we presume,
has arisen from some colloquial and conventional usage at the time; but
it is right to note the circumstance, in order to prevent mistakes.

[233] The “Large Declaration,” in which Henderson was vilified and
depreciated.

[234] It is impossible to peruse this interesting debate without
remarking how assiduously the Commissioner, and those to whom he was
opposed in the argument, kept in the back ground the main objection
to the Assembly exercising judicial functions—namely, that it had no
legal power to do so. The Assembly 1638 had not obtained the civil
sanction to give any of its proceedings, or those emanating from its
instructions, any legal authority—and the declarations of the Assembly
1639, _confessedly_ by the Assembly itself, required the sanction of
Parliament ere the Presbyterian Constitution could be in full and
legitimate operation. It was, therefore, evidently premature and
unwarrantable, to assume, at the very moment that so much anxiety was
expressed for that sanction, that it already possessed that judicial
character which it could not possibly derive, as an Establishment, from
any other source than the supreme legislature of the country. It must
be remembered that, by law, Episcopacy was still the established form
of national religion; and nothing more preposterous can be conceived
than the project of punishing any man merely for adhering to it.

[235] _Improbation_—a form of process in the law of Scotland, under
which the testimony of a witness was challenged.

[236] Although these several Declarations are to be found in the Acts
(Records, pp. 207 and 208), yet, as the terms of them formed the
subject of future debates, we have inserted them here, as we find them
detailed in the report of proceedings in the Folio MS.

[237] Vide Report, p. 251.

[238] Amidst the multiplicity of documents, and of authorities to which
we are obliged to resort for them, we see, on looking into Rushworth,
that two have been omitted, which we take the earliest opportunity of
supplying. These are, a Note by Lord Lowdon, at a conference with the
King, on 11th June 1639, and his Majesty’s answer thereto, on the 13th.
These are important, as shewing the primary basis of the negociation.
They are in the following terms:—

“MEMORANDUM.—That our desires are only the enjoying of our Religion
and Liberties, according to the ecclesiastical and civil laws of his
Majestys Kingdom,

“To clear, by sufficient grounds, that the particulars are such,
we shall not insist to crave any point which is not so warranted.
And we humbly offer all civil and temporal obedience to your Majesty
which can be required or expected of Loyal Subjects.—(Signed)
LOWDON.”—(Rushworth, vol. iii., p. 941.)

At the next Meeting in the King’s Camp, on the 13th, (where Henderson
and Johnston were present,) the following answer, by the King, to
Lowdon’s Memorandum, was produced:—

“That, whereas his Majesty, the 11th of June, received a short paper
of the general grounds and limits of their humble desires, his Majesty
is graceously pleased to make this answer. That, if their desires be
only the enjoying of their religion and liberties, according to the
ecclesiastical and civil laws of his Majestys Kingdom of Scotland, his
Majesty doth not only agree to the same, but shall always protect them
to the uttermost of his power; and if they shall not insist upon any
thing but that is so warranted, his Majesty will most willingly and
readily condescend thereunto, so that in the meantime they pay unto
him that civil and temporal obedience which can be justly required and
expected of Loial Subjects.—At his Majestys Camp, the 13th of June
1639.”—(Ibid., p. 942.)

We may also note that Rushworth gives all the dates more precisely than
we find elsewhere. The Earl of Dunfermline went to the King’s from the
Scotch Camp, on the 6th, with the petition from the Covenanters, (No.
49 of Documents, p. 225;) and Sir E. Verney returned with him, bearing
the King’s answer, (No. 50, p. 226;) the “Reasons and Grounds,” &c.,
were produced on the 13th. The Scots deputies returned on Saturday the
15th, and again on Monday the 17th; and the treaty was signed on the
18th. On the 22d, the King left the Camp for Berwick; and, on the 24th,
his army was dismissed and dissolved.—Rushworth, p. 943-946.

[239] Vide Report, p. 268.

[240] Vol. ii, p. 501.

[241] Rushworth, vol. iii, p. 955.

[242] Acts of Parliament, vol. iv., p. 285, 286. (Mr Thomson’s edition.)

[243] Rush vol. iii. p. 992, 1016, et sequen. Vide also Franklyn, p.
796, et sequen; Clarendon, and others.

[244] Vide Burnet’s Memoirs, p. 169, et sequen.

[245] Vide Documents.

[246] Minutes of Parliament, in Acts, vol. v., p. 256.

[247] Rushworth, vol. iii., p. 983.

[248] Burnet, p. 163.

[249] Rushworth, vol. iii., p. 984.

[250] Rushworth, vol. iii., p. 1037.

[251] Rushworth, vol. iii., p. 1210.

[252] Burnet, p. 170.

[253] Rushworth, vol. iii., p. 1212.

[254] Ibid., 1213.

[255] Baillie’s Letters, vol. i., p. 195.—A great number of Baillie’s
Letters, relative to the troubles in Scotland, were addressed to Mr
Spang, a Scotch Presbyterian minister at Campvere in Holland; and from
these and other materials, that learned person afterwards compiled
a work in Latin for the information of foreigners which is thus
titled:—“Rerum nuper in Regno Scotiæ gestarum Historia, seu verius
Commentarius, causas, occasiones, progressus horum mottuum, breviter
et perspicue proponens, simul cum synopsi concordiæ, quantum hactenus
inita est.—Excerptus ex scriptis intriusque partis scitu dignissimis,
quorum primaria in Latinum sermonem nunc primum fideliter translata
inseruntur, &c.—PER IRINÆVM PHILALETHEN, Eleutherium.—Dantisci, Anno
Domini 1641.” There is a copy of this work in the Theological Library,
Edinburgh.

By an Act of Assembly 1641, the Scotch church at Campvere was
brought into connection with the Church of Scotland, and the Kirk
Session thereof authorized to send its minister and a ruling-elder
to the General Assembly. This connection continued long after, till
that branch of the Scottish Church was swept away in the French
revolutionary war, since which it has not been renewed, although that
church has been revived.

[256] It appears fitting to embody in this collection a brief statement
of the discrepancies betwixt the _English_ and the obnovious Scotch
Service Books, and to point out the resemblances which the latter had
to the Popish missals. For this exposition we are indebted to a kind
and learned friend, who is fully master of the subject.

[257] Rushworth says it was on Thursday the 20th—Balfour, Friday the
21st.

[258] Vide Documents.

[259] Rushworth, vol. iii., p. 1221.

[260] Ibid, p. 1236.

[261] Rushworth, vol. iii., p. 1238.

[262] Vide Documents, p. 299.

[263] Rushworth, vol. iii., p. 1257.

[264] Ibid, p. 1276, 1277-1282.

[265] Vide Documents, p. 302.

[266] Rushworth, Baillie, _passim_.

[267] Vide Documents, p. 303.

[268] Rushworth, vol. iii., p. 1221.

[269] Ibid, p. 1223.

[270] Burnet, p. 174.

[271] Burnet, p. 176.

[272] Burnet, p. 177.

[273] Burnet, p. 178.

[274] Rushworth, vol. iii., p. 1295.

[275] Rushworth, vol. iii., p. 1306.

[276] Burnet, p. 182.

[277] Baillie, p. 298.

[278] Vide Documents.

[279] Vide Balfour, vol. iii., pp. 4-9.

[280] Vide p. 235. Minutes of Parliament. Acts, vol. v., p. 360.

[281] Son of the Archbishop, and President of the Session.

[282] Baillie, vol. i., p. 324.

[283] Vol. iii., p. 40.

[284] Vide Acts, vol. v., p. 370, 371, &c.

[285] Balfour, vol. iii., p. 65.

[286] The following lists of officers of state, &c., (from Balfour’s
Annals, vol. iii., p. 148,) when compared with the rolls of the
Assemblies in 1638 and 1639 shew, that the former of these,
(and, indeed, the latter, too,) were quite as much political as
ecclesiastical conventions. The _lay leaders_ of the Tables, and in
the Assemblies, were just the identical persons who had mounted on the
ecclesiastical ladder to political power and place:—

“The 3 estaits of parl: hes delett out of the roll of counsellors giuen
in by hes Maiesty, thesse follouing—viz., George, Marques of Huntley;
Villiam, Earle of Airth and Menteth; Alexander, Earle of Linlithgow;
James, Earle of Home; Patrick, Earle of Tullibardyne; Alexander, Earle
of Galloway; Villiam, Earle of Dumfreis; Robert, Earle of Carnwathe.
And in ther places the 3 estaits did put in Johne, Earle of Sutherland;
Villiam, Earle of Louthean; Alex: Earle of Dalhousie; Johne, Lord
Zester; Johne, Lord St. Claire; Johne, Lord Balmerinache; Robert, Lord
Burlie.

“Acte anent the nominatione and electione of the counsellours votted
and past, according to this subsequent roll:—James, Duck of Lennox
and Richmond; James, Marq: of Hamilton; Archbald, Earle of Argyle;
Villiam, Earle of Marishall; Johne, Earle of Sutherland; Johne, Earle
of Mar; Alex: Earle of Eglintone; Johne, Earle of Cassiles; Villiam,
Earle of Glencairne; James, Earle of Murray; Johne, Earle of Perth;
Charles, Earle of Dumfermling; Johne, Earle of Vigtone; Johne, Earle
of Kingorne; George, Earle of Seaforte; Johne, Earle of Lauderdaill;
George, Earle of Kinnoule; Villiam, Earle of Louthean; Dauid, Earle
of Southescke; John, Earle of Wymees; Alex: Earle of Dalhousie;
James, Earle of Finlater; Alexander, Earle of Leuin; Archbald, Lo:
Angus; Johne, Lo: Lindesay; Johne, Lo: Zester; Johne, Lo: St. Claire;
Alex: Lo: Elphingstone; Johne, Lo: Balmerinoche; Robert, Lo: Burlie;
James, Lo: Amont; Alexandʳ, Lo: Balcarras; Sʳ Robert Gordon, Vice
Chamberlaine; Sʳ Patrick Hepburne of Vaughtone; Sʳ Villiam Douglas
of Cauers; Sʳ Ja: Dundas of the same; Thomas Myrtone of Camwo; Sʳ
Dauid Grhame of Fintrey; Sʳ John Erskyne of Dune; Sʳ Robert Grhame of
Morphie; Sʳ Robert Innes of the same; Prouest of Edinbrughe for the
tyme.

“Acte anent the nominatione and electione of thesse officers of estait
retained in ther places, votted and past accordinng to this ensewing
roll, they all beinng includit within the roll of counsellers also,
viz:—

“1. Jo: Lord London, Chancelour;

“2. Commissioners for the office of Thesaurer, 3 of them to be a coram,
votted, viz.:—Chancelour, Argyle, Glencairne, Lindesay, Thʳˢ depute.

“3. Earle of Roxbrughe, Lo: Priuey Seall;

“4. Earle Lanricke, Secretarey;

“5. Mr Alex: Gibsone of Durie, Clerke Register;

“6. Sʳ Tho: Hope of Craighall, Aduocat;

“7. Sʳ Jo: Hamilton of Orbeston, Justice Clerke;

“8. Sʳ Ja: Carmichell of the same, Thʳˢ depute;

“9. Sʳ Ja: Galloway, Master of Requysts.

“Supernumerarey counsellours, so called in his Maiesties rolls, wotted
and approuen by the housse, wer:—Thomas Houard, Earle of Arundaill;
Philipe Herbert, Earle of Pembrock and Montgomerey; Villiam Cicill,
Earle of Sarisburrey; Henrey Riche, Earle of Holland; Lord Villoughbie;
Eduard, Lord Houard; Sʳ Henrey Vaine, Secretarey for England; Sʳ Johne
Cooke, knight.

“Acte ament the nominatione and electione of the ordinar and
extraordinar Lordes of the Session, conforme to this roll, votted and
approuen by the housse:—Sʳ George Erskyne of Innerteill; Sʳ Alex:
Gibsone of Durie, elder; Sʳ Androw Fletcher of Innerpepher; Sʳ James
Lermonth of Balcomey; Sʳ George Halibrunton of Fodrens; Sʳ James
Mackgill of Cranston-Ridell; Sʳ Johne Hope of Cragehall; Sʳ Johne
Hamilton of Orbestone; Sʳ John Scott of Scottstaruett; Sir James
Carmichell of the same; Sʳ Alex: Falconer of Halcartone. Thesse foure
follouing, by the estaits wer putt from ther places in Sessione, for
crymes lybelled aganist them:—Sʳ Rob: Spotswood, President; Sʳ Jo: Hay,
Clerke Register; Sʳ Vill: Elphingstone, Justice Generall; Sʳ Patrick
Nisbett of Eastbancke. And in the place of thir forsaid foure, the
estaitts put in John Lesley of Neutone; Sʳ Thomas Hope of Kers; Mr
Adam Hepburne of Humbie; Mr Archbald Ihonstone, Clerke of the Generall
Assembley.

Extraordinarey Lordes of the Sessione, wotted and approuen by
the housse this day, wer:—E. Argyle, L. Angus, L. Lindesay, L.
Balmerinoche.”

[287] Hume’s History, vol. vii., pp. 5-14.

[288] Oct. 22, 1641. Rush. vol. iv., p. 399.

[289] Acts, vol v., p. 519.

[290] 50 George III., c. 89, 15th June, 1810.

[291] Burnet, p. 188. Rushworth, vol. iv., pp. 498, 501.

[292] Rushworth, vol. iv., p. 501. Neal, vol ii., p. 519.

[293] Whitelocke’s Mem., p. 57; Baillie, vol. i., p. 337; Clarendon,
Guthrie, &c.

[294] Rushworth, vol. iv., pp. 373-5.

[295] Baillie, vol. 1, p. 337.

[296] The several proceedings which we have thus characterised freely
but honestly, are recorded in the Acts of the General Assembly 1642, to
which we have alluded.

[297] History of Scotland, vol. i., p. 245.

[298] Vide the Account of Westminster Assembly, in excerpts from
Baillie’s Letters among Documents.

[299] Vide p. 362.

[300] Vide Documents, p. 362.

[301] Acts of Parl., vol. vi., pp. 107-9.

[302] Acts of Parl., vol. vi., pp. 106-7.

[303] Baillie’s Letters, vol. i, p. 373.

[304] Baillie’s Letters, vol. i., p. 392.

[305] Vide Baillie’s Letters.

[306] Cheesly, afterwards Sir John Cheesly, was Mr Henderson’s servant.

[307] Burnet, p. 196.

[308] Ibid, p. 197.

[309] Burnet, p. 198.

[310] Burnet, p. 200.

[311] Burnet, p. 203.

[312] Lanerick.

[313] Burnet, p. 205.

[314] Burnet, p. 206.

[315] Burnet, p. 210.

[316] Burnet, p. 213.

[317] Burnet, p. 215.

[318] Burnet, p. 219.

[319] Burnet, p. 221.

[320] Burnet, p. 218.

[321] Burnet, p. 225.

[322] Burnet, p. 230, and Register of Secret Council.

[323] Ibid, p. 230.

[324] Ibid, p. 231.

[325] Burnet, p. 226.

[326] Burnet, p. 231.

[327] Vide Rushworth, vol. iv., part ii., p. 499; and Clarendon, vol.
ii., part i., p. 383.

[328] Vide Letter among Acts.

[329] As copies of Mr Thomson’s edition of the Acts are deposited in
the office of every Sheriff-Clerk, and are accessible to all who think
fit to consult them, it is not thought necessary to give more than the
title and page in which several Acts, referring to the Church, may be
found.

[330] Acts of Parliament, vol. v., p. 61.

[331] Ibid., p. 66, and Act of Ratification, ibid., p. 129.

[332] Vide Acts, vol. v., p. 190.

[333] Minstrelsy of the Scottish Border, vol. ii., p. 170. Clarendon
State Papers, vol. ii., p. 189. Spalding, vol. ii., pp. 273; 26, 27,
28; 83, 85.

[334] Vide Neal’s Hist. of Puritans, vol. iii., p. 131. Baillie, vol.
ii., p. 85

[335] Rushworth, vol. i., p. 268, 271.

[336] In order to save the necessity of frequent references to the
authorities on which this brief historical sketch is given, it may
be deemed sufficient to state that the facts are given chiefly from
Rushworth, (Part iv., vol. i.,) in which all the documents relative
to the period are to be found in the most authentic form. Whitelock’s
Memorials, Baillie’s Letters, Guthrie’s Memoirs, Crawford’s Lives,
and Clarendon, may also be consulted by those who desire to obtain
minute and exact information with respect to the transactions of those
times. We think it right to state, that throughout we have taken the
documentary evidence afforded by Rushworth as our safest guide, both as
to the chronology and the character of events. The works of Mr Hume and
Mr Laing, in relation to those times, may be regarded rather as able
historical disquisitions than histories; for the almost entire want of
dates renders their narratives extremely perplexed and unsatisfactory.

[337] Vide Acts, p. 450.

[338] Rushworth, part iv., vol. i., p. 305.

[339] Ibid., p. 306.

[340] Ibid., p. 309, _et seq_.

[341] Rushworth, part iv., vol. i. 319, 320.

[342] Vide Documents.

[343] Vide Documents.

[344] Rushworth, part iv., vol. i., p. 329.

[345] Ibid.

[346] Rushworth, part iv., vol. i., p. 373.

[347] Acts of Estates, vol. vi., p. 239.

[348] Vide Documents.

[349] Rushworth, part iv., vol. i., p. 392.

[350] Rushworth, part iv., vol. i., p. 393.

[351] Acts of Estates, vol. vi., p. 240; and Rushworth, part iv., pp.
395-6.

[352] Rushworth, part iv., vol. i., p. 398.

[353] Laing, vol. i., p. 345, on the authority of Burnet.

[354] A high controversy has recently been carried on by Mr Lister,
(author of a Life of Lord Clarendon,) and certain writers in the
_Edinburgh_ and _Quarterly Reviews_, relative to the circumstances
which preceded the surrender of King Charles I., by the Scottish
Commissioners, into the hands of his Parliamentary antagonists. We
have no intention of entering on the minutiæ of this discussion,
which relates mainly to Clarendon’s historical character, and to
the communications that took place through the instrumentality of
Montrevil, and the documents therewith connected. There is only one
point to which we shall advert, as bearing on the statements we have
given in the text, namely, as regards the footing upon which the King
went to the Scottish camp. Referring to the last article inculpating
the King in this matter, (_Edinburgh Review_, No. cxxxix., p. 104,) we
find a document, said to be Montrevil’s, quoted p. 109, dated in April,
1646, stating the conditions that had been agreed to by the Scots
Commissioners, on which they were to receive him; and, among other
things, it appears, “with regard to the Presbyterian government, they
_desire_ his Majesty to agree with them—_as soon as he can_.” On this,
a comment is made, by which this expression is converted into one of
quite a different meaning—viz., that the Commissioners “told him [the
King] plainly (as appears by this letter) through Montrevil, that, if
he came to their army, _he must be prepared to give his assent to their
Presbyterian Government_ [in England] _as speedily as he could_.” It
is quite obvious, from a single glance, that the terms of the document
and this interpretation of it, are very different. In the former, it
is only a _desire_ that he should agree to their proposals “_as soon
as he can_,” i. e., when, and if he could, make up his mind to do so;
but, in the comment, this is converted into a peremptory and pointed
requisition that he should do so, absolutely and _speedily_. This is
scarcely a fair construction. Take the reviewer’s further statement,
(p. 111,) “It is plain from this correspondence, that the Scots made
no promises to the King which they did not fulfil. They engaged to
assist him in his escape from Oxford—to _protect his person, which
was placed in danger by the votes of the two Houses_, in case he was
forced within their quarters—to treat him _with honour and respect,
and not impose force on his conscience_—to admit into their camp three
of his servants, &c. All this they performed, and more they refused
to promise, _unless_ the King gave his consent to the establishment
of the Presbyterian Church in England.” The concluding assertion
assuredly is not borne out by the document founded on; and, taking the
reviewer’s own statement in these particulars, it humbly appears to us
to be inconsistent with itself, and with the propositions that they
fulfilled the compact, and that none of the actors of that period were
responsible for the events which followed, (p. 125.) If they were bound
to protect his person from danger, which they knew to be impending,
as here assumed—if they were to treat him with honour and respect,
and not to impose force on his conscience, surely it was a breach of
such pledges, when they afterwards, not only insisted absolutely on
his violating his conscientious, his inflexible, and oft-repeated
declaration of aversion to Presbytery as the establishment in England,
but delivered him over personally to his implacable enemies, without
the slightest security either for his safety or his honour. Even on the
reviewer’s own shewing, they violated their pledges; and, independently
of the taint which the whole proceedings of the Scottish Commissioners
received from the pecuniary part of the transaction, the reviewer
only aggravates the turpitude of the whole affair by admitting that,
in their negotiations with the King, as to this matter, they acted
clandestinely and in bad faith towards the English Parliament. This new
champion of the Scottish Commissioners, like all his predecessors in
the same track, has signally failed in his attempts to vindicate them
from the imputations of double dealing, dissimulation, bad faith, and
sordid treachery, which has been but too conclusively laid to their
charge.

[355] Rushworth, part iv., vol. i., p. 448. Thurloe, vol. i., p. 89,
92. Salmanet, p. 253-4.

[356]

  The fire in the cavern of Etna concealed,
    Still mantles unseen in its secret recess,
  At length in a volume terrific revealed,
    No torrent can quench it, no bounds can repress.

      BYRON.


[357] Rushworth, part iv., vol. i., p. 485.

[358] Not that they are to be heer Printed, but because they being to
bee Printed severally, this act is to be prefixed to them.

[359] Rushworth, part iv., vol. i., p. 320.

[360] Rushworth, part iv., vol. i., p. 327.

[361] Rushworth, part iv., vol. i., p. 328.

[362] Rushworth, part iv., vol. i., p. 390.

[363] Vide p. 468.

[364] Rushworth, part iv., vol. ii., p. 871 and 880.

[365] Rushworth, part iv., vol. ii., p. 768 to 771. Acts of Estates.

[366] Rushworth, part iv., vol. ii., p. 810.

[367] Rushworth, part iv., vol. ii., p. 818.

[368] Ibid. p. 842.

[369] Ibid. p. 843.

[370] Ibid. p. 859.

[371] Ibid. p. 864.

[372] Ibid. p. 869.

[373] Burnet, p. 323-334. Vide also Rushworth, part iv., vol. ii., p.
946-950 _et passim_.

[374] Acts of Parliament, vol. vi., p. 290.

[375] Acts of Parliament, vol. vi., p. 292.

[376] Ibid. p. 305.

[377] Acts of Parliament, vol. vi., p. 319-322.

[378] Hist. of Church, vol. iii., p. 153.

[379] Baillie’s Letters, vol. ii., p. 286. See Documents.

[380] Acts of Parliament, vol. vi., p. 331.

[381] Acts of Parliament, vol. vi., p. 332.

[382] Burnet, p. 341, _et seq._

[383] Turner’s Memoirs, p. 53.

[384] Turner’s Memoirs, p. 56.

[385] Burnet, p. 355.

[386] Burnet, p. 348, _et seq._ Rushworth, part iv., vol. ii., p.
1193-1242. Turner, p.63.

[387] The party appellation of “Whigamores,” or, briefly, “Whigs,” had
its origin at this period; and the insurrection referred to was called
the “Whigamores’ _Raid_” or incursion, that term being the common one
for the predatory expeditions of the Borderers. This nickname being
still preserved in the vocabulary of party, although there is truly
none now existing that can be in any degree assimilated to the original
sect, it seems proper to explain how the distinction originated. Mr
Laing, in his history, (vol. i., p. 381, 2d ed. 1804,) informs us
that “the expedition was termed the _Whigamores_’ inroad, from a word
employed by these western peasants in driving horses; and the name
transferred, in the succeeding reign, to the opponents of the court, in
still preserved and cherished by the Whigs as the genuine descendants
of the covenanting Scots.” And, in a foot-note, he adds—“According to
others, from _whig_ or _whey_, the customary food of those peasants.”

Sir Walter Scott, in his “Tales of a Grandfather,” (Prose Works, vol.
xxiv.,) says:—“This insurrection was called the Whigamores’ Raid, from
the word _whig-whig_—that is, _get on, get on_, which is used by the
western peasants in driving their horses—a name destined to become the
distinction of a powerful party in British history.”

In Daniel Defoe’s “Memoirs of the Church of Scotland,” (printed 1717,)
p. 173, speaking of the Covenanters, he says:—“This is the first time
that the name of a _Whigg_ was used in the world—I mean as applied
to a man or to a party of men; and these were the original primitive
_Whiggs_—the name for many years being given to no other people. The
word is said to be taken from a mixed drink the poor men drank in their
wanderings, composed of water and sour milk.”

And Bishop Burnet, who lived nearer to the time in which the nickname
was invented, gives the following explanation of it in the “History of
his own Times,” (p. 26, imperial ed. 1837):—“The southwest counties of
Scotland have seldom corn enough to serve them round the year, and the
northern parts producing more than they need, those in the west came
in the summer to buy at Leith the stores that came from the north; and
from a word _Whiggam_, used in driving their horses, all that drove
were called _Whiggamors_; and, shorter, the _Whiggs_. Now, in that
year, after the news came down of Duke Hamilton’s defeat, the Ministers
animated their people to rise and march to Edinburgh; and they came up
marching on the head of their parishes with an unheard-of fury, praying
and preaching all the way as they came. The Marquis of Argyle and his
party came and headed them, they being about 6,000. This was called the
_Whiggamors_’ inroad; and, ever after that, all that opposed the court
came, in contempt, to be called _Whiggs_; and from Scotland the word
was brought into England, where it is now one of our unhappy terms of
distinction.”

The following description of the Whigs, in some of their risings after
the restoration of Charles II., is taken from a MS. copy of a doggrel
poem, (by Cleland, it is thought,) which the editor presented some
years ago to the Library of the Antiquarian Society of Edinburgh—

  “It was in Januar or December,
  When I did see the outlaw Whigs
  Lye scattered up and down the riggs
  Some had hoggers, some straw boots,
  Some uncovered leggs and coots;
  Some had halbards, some had durks,
  Some had crooked swords, like Turks;
  Some had slings, and some had flails,
  Knit with eel and oxen tails;
  Some had speares, some had pikes,
  Some had spades which delvit dykes;
  Some had guns with roustie ratches,
  Some had firie peats for matches;
  Some had bows, but wanted arrows,
  Some had pistols without marrows;
  Some the coulter of a plough,
  Some syths had, men and horse to hough;
  And some with a Lochaber axe
  Resolved to give Dalziell his paiks;
  Some had cross-bows, some were slingers,
  Some had only knives and whingers;
  But most of all, (believe who lists,)
  Had nought to fight with but their fists:
  They had no colours to display;
  They wanted order and array;
  Their officers and motion-teachers
  Were verie few beside their preachers:
  Without horse, or artilzierie pieces,
  They thought to imitate the Sweeses,
  When from Novarr they sallyed out,
  Tremoville and brave Trivulce to rout.
  For martial musique everie day
  They used oft to sing and pray,
  Which chears them more, when danger comes,
  Than others’ trumpets and their drums.
  With such provision as they had,
  They were so stout, or else so madd,
  As to petition once again;
  And, if the issue proved vain,
  They were resolved, with one accord,
  To fight the battells of the Lord.”

[388] Vide Documents.

[389] Rushworth, part iv., vol. ii., p. 1282-1289.

[390] Rushworth, part iv., vol. ii., p. 1295.

[391] Rushworth, part iv., vol. ii., p. 1311.

[392] Vide Documents.

[393] Rushworth, part iv., vol. ii., p. 1338.

[394] Ibid. p. 1338-1343.

[395] Rushworth, part iv., vol. ii., p. 1350-1351.

[396] Ibid. p. 1352.

[397] Ibid. p. 1353.

[398] Ibid. p. 1354.

[399] Rushworth, part iv., vol. ii., p. 1358-61.

[400] Ibid. p. 1361.

[401] Ibid. p. 1362.

[402] Rushworth, part iv., vol. ii., p. 1376-80.

[403] Ibid. p. 1382-83.

[404] Rushworth, part iv., vol. ii., p. 1392.

[405] Acts, vol. vi., p. 337.

[406] Ibid. p. 339.

[407] Ibid. p. 341.

[408] Ibid. p. 349-50.

[409] Ibid. p. 352-6.

[410] Acts, vol. vi., p. 359-60.

[411] Vide Documents.

[412] Rushworth, part iv., vol. ii., p. 1426, _et seq._

[413] Acts, vol. vi., p. 362.

[414] Ibid. p. 363.

[415] Ibid. p. 364.

[416] Ibid. p. 411.

[417] Acts, vol. vi., p 451, _et seq_

[418] The annuity-tax to the six ministers in Edinburgh was first
imposed by an Act on the 19th of June, 1649.

[419] Burnet, p. 575.

[420] Originals in the Register Office, Edinburgh.

[421] Rushworth, part iv., vol. ii., p. 1330.

[422] Rushworth, part iv., vol. ii., p. 1395, _et seq._

[423] Acts of Estates, vol. vi., p. 411.

[424] Scott’s Extracts from an Hospital Register of Perth, MS., in the
Advocates’ Library, pp. 385-6.

[425] Balfour’s Annales and Lamont’s Diary. _Vide ante_, p. 587-8.

[426] Lamont’s Diary, p. 12. _Vide ante_, p. 589.

[427] Balfour’s Annales, vol. iii., pp. 410-413.

[428] Acts of Estates, vol. vi., p. 481.

[429] Ibid, p. 491.

[430] Ibid, pp. 504, 505, 506.

[431] Acts of Estates, vol. vi. p. 513.

[432] Vide Guthrie’s Waters of Sihor, _postea_, p. 619.

[433] There was a General Assembly held at Edinburgh, on 10th July,
this year, for which see Lamont’s Diary, _postea_.—ED.

[434] The volume containing these is not known to be in existence.

[435] Vide ante, p. 599.

[436] Vide ante, p. 613.

[437] Vide ante, p. 604.

[438] “The Waters of Sihor, or the Lands Defectione; founded on yᵉ late
Publick Resolutiones of the Comissione of the General Assembly, and of
the Parliment at Perth, 1651, concerning the Imploying and Intrusting
of the Malignant party in the Army and in the Judicatories, discovered
and demonstrated,” 341 pages MS. in Advocate’s Library.—Wodrow MS.,
vol. xvii.—Rob. iii., 2.15. Such is the title of a work by James
Guthrie, one of the leading _Protestors_, who made a great figure
in the transactions of these times, and who was executed after the
restoration of Charles II. We are not aware that this work has ever
been printed, and think it right to give some specimens of the
principles and practices of the Protestors, as exhibited in the
writings of one of their most conspicuous leaders.

[439] Vide ante, p. 501.

[440] Vide ante, p. 600.

[441] Vide ante, p. 599-600.

[442] Vide ante, p. 599.

[443] Journal, p. 160, _et seq._

[444] Vide ante, p. _599._

[445] For the Heads of the Declaration, see p. 599, ante.

[446] Wodrow’s 8vo MSS, vol. v., in the Advocate’s Library.

[447] Most of these Documents are to be found in Wodrow’s MSS., vol.
xvii., in the Advocates’ Library.

[448] Wodrow’s 4to MSS., vol. xvii., in the Advocates’ Library.

[449] Vide ante, p. 636.

[450] The General Assembly was sitting in St Andrew’s at this time,
and in consequence of the success of Lambert, on the 20th, adjourned
to Dundee, and, finally, was broken up. Vide Gordon’s account of it,
_ante_ p. 626-631.

[451] Most of these Documents are to be found in Wodrow’s MSS., vol.
xvii., in the Advocates’ Library.

[452] Vide ante, p. 649.




INDEX

TO THE

ACTS OF THE GENERAL ASSEMBLY.

1638-1649.

                                                      Page

  Aberdeen, pretended Assembly of 1616 at, condemned, 25

  Abernethie, John, pretended Bishop of Caithness, deposed, 28

  Absents from General Assembly, Act for Censuring, 476

  Acknowledgement and Declaration to be subscribed by engagers in the
      late unlawful war against England, 544

  Act and Declaration against the Act of Parliament and Committee of
      Estates, ordained to be subscribed the 10th and 12th of June,
      1648, and against all new Oaths or Bands, in the Common Cause,
      imposed without consent of the Church, 497

  Acts of General Assembly, 1638:—Approving Registers, p. 22;
    condemning Pretended Assemblies, p. 24;
    against unlawful Oaths of Intrants, p. 26;
    condemning the Service Book, &c., Deposing pretended Bishops, p. 26;
    Declaring Episcopacy abjured, p. 28;
    against the Five Articles of Perth, p. 32;
    restoring Kirk-Sessions, &c., p. 34;
    anent Constitutions to be revived, p. 34;
    anent Censures against Deposed Ministers, p. 38;
    against the Civil Places and Power of Kirkmen, p. 38;
    against Printing Acts or Treatises concerning the Divisions of the
      Times without warrant of Mr A. Johnston, as Clerk of Assembly
      and Advocate for the Kirk, p. 39;
    anent censures on scandalous and malicious persons, and refractory
      Presbyteries, p. 39;
    ordering Presbyteries, &c., to obtain Copies of Acts, p. 39;
    concerning the renewal of the National Covenant; concerning the
      subscribing of the Confession of Faith, p. 40;
    concerning Yearly General Assemblies, p. 40;
    ordaining a Supplication to the King, 40

  Acts of General Assembly, 1639:—Ordering the Bishop of Orkney’s
      Abjuration of Episcopacy to be registered; containing the causes
      and remedy of the bygone evils of the Kirk, p. 204;
    approving an old Register of Assembly, p. 205;
    approving the Deposition of Ministers by the Committees, p. 205;
    anent receiving of Deposed Ministers, p. 205;
    anent Keeping the Lord’s Day, p. 206;
    approving Articles and Overtures anent Printing the old Acts, for
      restraining of people from passing to England to Marry, anent
      expenses of Commissioners to Assembly, Session Books, Deposed
      Ministers, Acts against Papists and Excommunicate Persons,
      Catechism and Trial of Intrants and Ministers, p. 206;
    ordaining subscription of Confession and Covenant, with Assembly’s
      Declaration, p. 208;
    anent Appellations, p. 208;
    anent advising with Synods and Presbyteries before determination in
      Novations, anent Ministers’ Catechising, and Family Exercises, 208

  Acts of General Assembly, 1640:—Anent Assembly-house, p. 278;
    anent Demolishing Idolatrous Monuments, p. 279;
    against Witches and Charmers, p. 279;
    for censuring Speakers against the Covenant, p. 279;
    against Expectants refusing to subscribe the Covenant, 279

  Acts of General Assembly, 1641:—Approving Overtures of Assembly at
      Aberdeen for ordering Assembly House, p. 293;
    anent old Ministers bruiking their Benefices, p. 293;
    against sudden receiving Ministers deposed, p. 293;
    approving Overtures anent Universities, p. 293;
    against Impiety and Schism, p. 294;
    anent Novations, p. 294;
    anent Bursars and Expectants, p. 294;
    against Unlawful Bands, p. 295;
    anent the Kirk of Campheir, 297

  Acts of General Assembly, 1642:—For bringing in of the Synod Books
      yearly to the General Assemblies, p. 320;
    anent the choosing of Kirk Sessions, p. 321;
    approving the interpretation of an Act at Edinburgh anent Trial of
      Ministers, p. 321;
    anent the order for making Lists to his Majesty and other Patrons
      for Presentations, the order of Trial of Expectants, and for
      trying the Quality of Kirks, p. 321;
    anent Lists for the Kirks in the Highlands, p. 322;
    approving of Overtures for a supplication to the Council for due
      execution of Acts against Papists, &c., p. 322;
    anent the joining of the Presbytery of Skye to the Synod of Argyle,
      p. 323;
    approving Overtures and Transplantation of Ministers and Provision
      of Schools, p. 326;
    anent Contrary Oaths, p. 327;
    approving Overtures anent Family Exercises, Catechising, keeping of
      Synods and Presbyteries, &c., against Petitions, Declarations, and
      suchlike, in name of Ministers, without their knowledge or
      consents, p. 327;
    containing the Assembly’s desires to the Lords of Council and
      Conservators of Peace, p. 328;
    for Lord Maitland’s presenting the Assembly’s Supplication to the
      King, &c., p. 330;
    appointing Commission of Public Affairs of the Kirk, p. 330;
    against Slandering of Ministers, p. 332;
    anent ordering of Assembly House, p. 332;
    for remembering, in Public Prayers, the Assembly’s desires to the
      King and Parliament, and indiction of a Public Fast, p.332;
    concerning certain References and Overtures on order of keeping
      Assemblies, &c., transmitted to Presbyteries, 333

  Acts of General Assembly, 1643:—Ordaining Overtures anent Bills, &c.,
      to be given to Committees for their guidance;
    for election of Professors, to be Commissioners to Assemblies, by
      Presbyteries, p. 345;
    for subscribing the Covenant, p. 346;
    for searching Books tending to Separation, p. 346;
    approving proceedings of Commissioners of last Assembly, p. 347;
    against Burials, and Hanging of Honours, &c., in Kirks, p. 349;
    anent Reposition of Ministers deposed by superior Judicatories,
      p. 349;
    against Masters who have Servants that profane the Lord’s Day,
      p. 349;
    for preparing the Directory for the Worship of God, p. 349;
    Recommendation anent Students, &c., p. 351;
    approving of the League and Covenant, respecting Lists for
      Presentations, p. 353;
    approving Overtures anent Witchcraft, &c., p. 354;
    appointing Commission to go to Ireland, p. 354;
    against Ministers haunting with excommunicate persons, p. 355;
    anent an order for using civil execution against excommunicate
      persons, p. 355;
    appointing Commission to repair to England, p. 359;
    appointing Commission for Public Affairs of the Kirk, 359

  Acts of General Assembly, 1644:—For present entry of the new erected
      Presbytery at Biggar, p. 397;
    concerning Declaration subscribed by Scottish Lords at Oxford,
      p. 398;
    against the Rebels in the North and South, p. 398;
    against secret Disaffecters of the Covenant, p. 398;
    for sending Ministers to the Army, p. 398;
    for renewing Commission for Public Affairs of the Kirk, p. 399;
    for renewing Commission to persons appointed to repair to England,
      Answer to Presbytery with Army, p. 399;
    concerning Bursars, Penalties in Acts of Parliament, Promise of
      Marriage made by Minors, &c., p. 405;
    concerning Dissenting Voices in Synods and Presbyteries, p. 406;
    concerning the election of a Moderator in Provincial Assemblies,
      p. 406;
    for keeping the Fast in the town where the Assembly holds, 406

  Acts of General Assembly, 1645:—Approving proceedings of the
      Commission of the two preceding Assemblies, p. 418;
    for establishing and putting in execution the Directory for the
      public worship of God, p. 418;
    approving Overtures for advancement of learning and good order in
      Grammar Schools and Colleges, p. 419;
    approving Overtures propounded for ordering of the Bursars of
      Theology, and maintaining of them at the Schools of Divinity,
      p. 421;
    approving the opinion of the Committee for keeping the greater
      uniformity in the Kirk in the practice and observation of the
      Directory in some points of public worship, p. 421;
    approving the propositions concerning Kirk Government, and
      Ordination of Ministers, concerning a Solemn Warning to the People
      and Armies, p. 422;
    against Lykwakes, p. 427;
    recommending to Sessions to have the Printed Acts of Assembly,
      p. 427;
    for censuring the observers of Yule Day, for encouragement of
      Scholars to Professions in Schools, p. 427;
    for restraining abuses at Pennie-Brydals, p. 427;
    discharging Deposed Ministers to be reponed to their former places,
      p. 427;
    renewing Commission for Public Affairs of the Kirk, p. 427;
    renewing Commission of persons appointed to repair to England, for
      prosecuting the treaty of Uniformity in Religion 428

  Acts of General Assembly, 1646:—Concerning the Registers and Acts of
      Provincial Assemblies, p. 445;
    concerning the public satisfaction of married persons for
      Fornication committed before marriage, concerning Excommunication
      of Lord Seafort, p. 445;
    concerning Corruptions in Ministry, p. 446;
    approving proceedings of Commission of preceding Assembly, p. 447;
    for joining the Presbyteries in Orkney and Zetland to the Provincial
      of Caithness, p. 447;
    concerning Expectants preaching in public, p. 448;
    for censuring complyers with the public enemies of this Kirk and
      Kingdom, p. 448;
    against loosing of ships and barks on the Lord’s day, p. 448;
    anent Children sent without the kingdom; approving certain
      Overtures, p. 448;
    renewing Commission for Public Affairs of the Kirk, p. 449;
    renewing Commission for prosecuting treaty for Uniformity in
      England, p. 450;
    for a public Fast before next Assembly, Recommending Presbyteries
      in calling of Ministers to regard Congregations, 452

  Acts of General Assembly, 1647:—Allowing half of the Ministers in the
      Presbytery of Zetland, with their ruling elders, to keep the
      Provincial Assembly, p. 468;
    for observing the directions of the General Assembly for Secret and
      Private Worship, and mutual edification, and for censuring such as
      neglect Family Worship, p. 472; against such as withdraw
      themselves from the Public Worship in their own congregations,
        p. 474;
    approving of the proceedings of the preceding Assembly’s Commission,
      p. 475;
    approbation of the Confession of Faith, p. 475;
    for revising the Paraphrase of the Psalms, &c., p. 475;
    recommending the execution of the Act of Parliament at Perth for
      uplifting pecunial pains to be employed upon pious uses, and of
      all Acts of Parliament made against Excommunicate Persons, p. 476;
    discharging the importing, venting, or spreading of erroneous books
      or papers, p. 476;
    for debarring of complyers in the first class from Ecclesiastic
      Office, p. 476;
    for pressing and furthering the Plantation of Kirks, p. 476;
    for censuring Absents from the General Assembly, p. 476;
    renewing former Acts of Assembly for trial and admission of
      Expectants, p. 476;
    renewing Commission for prosecuting treaty of Uniformity in England,
      p. 477;
    renewing Commission for Public Affairs of the Kirk, p. 477;
    concerning the hundred and eleven propositions therein mentioned,
      concerning Overture on Subscription of Covenant, 479

  Acts of General Assembly, 1648:—Concerning Commissions from Burghs,
      p. 496;
    concerning the examining of the proceedings of the Commissioners of
      Assemblies, p. 496;
    approving proceedings of last Assembly’s Commission, p. 496;
    approving the Larger Catechism, p. 496;
    against sudden admitting of Deposed Ministers to particular
      congregations, p. 496;
    against the Act of Parliament and Committee of Estates, ordained
      to be subscribed the 10th and 12th of June, and against all new
      Oaths or Bands in the Common Cause, imposed without consent of
      the Church, p. 497;
    approving the Shorter Catechism, p. 498;
    discharging a little Catechism printed at Edinburgh, 1647, p. 498;
    for censuring Ministers for their silence, and not speaking to the
      corruptions of the time, p. 509;
    concerning education of Highland Boys, p. 510;
    explaining fifth article of Overtures, concerning Appeals past in
      the Assembly, 1643, p. 510;
    discharging Deposed or Suspended Ministers from any exercise of the
      Ministry, or meddling with the Stipend, against a Pamphlet put
      forth in name of Henderson, p. 510;
    for taking the Covenant, &c., p. 511;
    concerning Presbyteries maintaining of Bursars, p. 511;
    for disjoining the Presbytery of Zetland from the Provincial Synod
      of Orkney and Caithness, concerning Overtures for Remedy of the
      Sins of the Land, p. 511;
    for examining the Paraphrase of the Psalms, p. 513;
    enjoining Presbyteries to enforce Acts concerning Papists, &c.,
      p. 513;
    for prosecuting the treaty for Uniformity in Religion in England,
      p. 514;
    renewing Commission for public affairs of the Kirk, p. 514;
    exempting Murray, Ross, and Caithness, from the Contribution granted
      to the Boys of Argyle, &c., p. 515;
    concerning Provision for Ministers in Burghs, p. 515;
    concerning Collection for the Poor, p. 515;
    discharging Duels, p. 516;
    concerning Deposed Ministers, 517

  Acts of General Assembly, 1649:—Approving the Proceedings of the
      preceding Assembly’s Commission, p. 542;
    approving Proceedings of the Commissioners sent to the King, p. 543;
    discharging Promiscuous Dancing, p. 543;
    concerning the receiving of Engagers in the late Unlawful War
      against England to Public Satisfaction, p. 543;
    a Solemn Warning to the Members of the Kirk, p. 544;
    concerning Catechising, p. 549; appointing Commission for Public
      Affairs, p. 549;
    concerning Election of Ministers, p. 550;
    for a Collection for entertaining Highland Boys at Schools, p. 552;
    appointing a Commission concerning the Trial and Punishment of
      Witchcraft, &c., p. 553;
    concerning Persons to be admitted as Bursars, 553

  Acts of Assembly, Overture for Printing, 206

  Acts of Assembly, Order to procure, 39

  Acts of Assembly, Sessions recommended to have the Printed, 427

  Acts of Provincial Assemblies, Act concerning, 445

  Admission of Ministers by Presbyteries, anent, 34

  Admission of Expectants, Acts renewed anent, 476

  Appeals, Overtures on Procedure in, 333

  Appeals, Explanation of fifth Article in overtures on, 510

  Appellations, Act anent, 208

  Approbation of the Proceedings of the Commissions of the Assembly,
      p. 347, 418, 447, 475, 498, 542.

  Approbation of the Commissioners sent to the King, 543

  Approbation of Solemn League and Covenant, 353

  Approbation of Confession of Faith, 475

  Approbation of Larger Catechism, 496

  Approbation of Shorter Catechism, 498

  Argyle, Overtures concerning the Education of Highland Boys in the
      Province of, 510

  Argyle, Exemption of Murray, Ross, and Caithness, from contributions
      for the Boys of, 515

  Army, Act for sending Ministers to the, 388

  Army, Letter to Assembly from the Presbytery with the, and Answer
      thereto, 396, 399

  Articles and overtures approved by Assembly anent Border Marriages,
      Expenses of Commissioners, Session Books, Deposed Ministers,
      Papists, &c., Catechism, and Trial of Ministers or Entrants, 206

  Assemblies, Reasons for annulling the Pretended, 24, 25

  Assembly, the King’s Letters to, 21, 292, 320, 345, 445.

  Assembly, Letter to the King from, 355

  Assembly’s desires to the King, anent Lists for Presentations, 353

  Assembly’s remonstrance to the King, 1645, 429

  Assembly’s supplication to the King, 1648, 515

  Assembly’s supplication to Commissioner, 206

  Assembly’s Commission to those that repair to England, 359

  Assembly, Declaration of English Parliament to, 347

  Assembly’s Answer thereto, 355

  Assembly, Propositions of English Parliamentary Commissioners to, 350

  Assembly and Convention, result of debates of their committees with
      English Commissioners, 353

  Assembly’s Letter to English Parliament, 450

  Assembly’s Letter to Lord Mayor, Aldermen, and Common Council of
      London, 451

  Assembly, Letter from Presb. with Army to, 396

  Assembly, Letter from Ministers in England to, and Answer, 348, 358

  Assembly’s Declarations, and brotherly Exhortations to their brethren
      in England, 468, 506

  Assembly’s Letter to Kirk in Netherlands, 404

  Assembly’s Letter to their countrymen in Poland, Sweden, Denmark, and
      Hungary, 478

  Assembly’s Petition to Parliament, presenting their thoughts and
      desires concerning the duties which the exigency of the times
      requires, 1645, 420

  Assembly’s Answer to paper sent from Committee of Estates, of date
      July 28, 1648, 505

  Assembly’s Supplication to Committee of Estates, 509

  Assembly’s Answer to Committee of Estates, 496

  Assembly’s Declaration, 1648, concerning the present dangers of
      religion, and especially the unlawful engagement in war against
      England, 498

  Assembly’s Warning and Declaration concerning present dangers and
      duties, 544

  Assembly, Act for keeping a Fast in the town where it meets, 406

  Assembly-house, Overtures anent, approved, 278, 293

  Assembly-house, act anent ordering of, 332

  Assemblies, General, anent, 36

  Assemblies, General, Power to hold them, 40

  Assemblies, General, Overtures on order of keeping, 333

  Assemblies, Provincial and National, &c., restored in full
      integrity, 34

  Assemblies, Provincial, order of, 37

  Assemblies, Provincial, Act anent election of Moderator in, 406

  Assemblies, Provincial, Act concerning Registers and Acts of, 445

  Assembly, Provincial, of Caithness, Presbyteries in Orkney and
      Zetland, joined to, 447

  Assembly, Provincial, of Caithness, Act allowing the half of the
      Ministers in Presbyteries of Zetland only with their ruling elders
      to keep, 468

  Assembly of Divines at Westminster, Letters to the General Assembly
      from, 351, 417, 495

  Assembly’s, General, letters to Assembly of Divines, 357, 428, 451,
      508


  Ballantyne, Adam, pretended Bishop of Aberdeen, deposed, 27

  Bands, unlawful, Act against, 295

  Bands, Act and Declaration against, in the common cause without
      consent of the Church, 497

  Banns, Marriage without Proclamation of, 37

  Baptism of Beggar’s Children, Desire and Overtures on, with Assembly’s
      answer, 479

  Benefices, Act anent old ministers bruiking, 293

  Biggar, Act for entry of new-erected Presbytery of, 397

  Bills, Overtures anent, 345

  Bishops, Deposition of, 1638, 26 to 28

  Book of Canons, &c., condemned, 26

  Books tending to separation, Act for searching, 346

  Books and papers, Act discharging the importing, venting, or spreading
      of erroneous, 476

  Bridals, Penny, Act for restraining abuses at, 427

  Burghs, Provision to Ministers in, 515

  Burghs, Act anent Commissions from, 496

  Burials in Kirks, 37, 349

  Bursars and Expectants, Overtures anent, 294

  Bursars, Ordinance concerning, 405

  Bursars of Theology, 421, 511, 553


  Campbell, Mr Neil, pretended Bishop of Isles, deposed, 27

  Campheir, (Campvere,) Act anent, 297

  Canons, Book of, condemned, 26

  Catechising &c., 206, 208, 209, 327, 549

  Catechisms, Approbation of, 496, 498

  Catechism, printed at Edinburgh, entitled “A. B. C. with the
      Catechism,” Act discharging, 498

  Censures ordered against scandalous persons, 39

  Censuring ministers for their silence, and not speaking to the
      corruptions of the times, Act anent, 509

  Censuring such as neglect Family Worship, 472

  Censuring complyers with the public enemies of this Kirk and kingdom,
      Act for, 448

  Censuring absents from Assembly, Act for, 476

  Children of Papists, &c., Overtures anent, 513

  Children sent without the kingdom, act anent, 448

  Christians in Ireland, Petitions from, 396, 345

  Church of England, Letter from Ministers of, 348

  Church of England, General Assembly’s answer to ministers of, 358

  Civil execution against excommunicate persons, Act anent an order for
      using, 355

  Colleges, Overtures approved for advancement of learning and good
      order in grammar schools and, 419

  Collections for poor, Act concerning, 515

  Collection, for Highland Boys, Act for, 552

  Commission, the King’s, to Marquis of Hamilton, 1638, 21

  Commission, High, condemned, 26

  Commission to Ministers to go to Ireland, 331, 354

  Commission for Public Affairs of the Kirk, 330, 359, 399, 427, 477,
      514, 549.

  Commission, Reference made to, anent persons designed to repair to
      England, 359

  Commission, Reference made to, for re-examining and emitting
      Paraphrases of Psalms, 553

  Commission to persons appointed to repair to England, for prosecuting
      treaty of Uniformity in Religion, 359, 399, 428, 450, 477

  Commissions from Burghs, Act concerning, 496

  Commissioners, Expenses of, 206

  Commissioners, Act concerning examining the proceedings of, 496

  Commissioners, Act for election of Professors to be, 345

  Commissioners at London, letters to, 328, 403, 430

  Commissioners at London, letters from, 400, 416

  Commissioners of English Parliament, Propositions of, 347, 349

  Commissioners of English Parliament, Result of debates of Committees
      of Convention and Assembly appointed to meet with, 353

  Commissioners sent to the King, approbation of, 543

  Commissioner, the King’s, declaration of, 207

  Commissioner, Assembly resolves to proceed without, 278

  Complyers with the public enemies of the Kirk and Kingdom, Act
      against, p. 448;
    for debarring from Ecclesiastic office, 476

  Confession of Faith, article concerning, (1638), 37

  Confession of Faith, subscription of, ordered, 40

  Confession of Faith, King’s acknowledgment of craved, 40

  Confession of Faith, Approbation of (1647), 475

  Confession and Covenant, supplication anent, 207

  Confession and Covenant, Act ordaining subscription of, with
      Assembly’s Declaration, 208

  Conference of Ministers, Lawyers, and Physicians, concerning
      Witchcraft &c., Commission appointed by Assembly for, 553

  Congregation, Act against such as withdraw themselves from Worship
      in their own, 474

  Congregations, Presbyterians recommended in the calling and admission
      of Ministers to consider the interests of, 452

  Constitutions of Church revived, (1638), 34

  Corruptions in the Ministry and Remedies, 446

  Corruptions of the times, Act for censuring Ministers for not
      speaking to, 509

  Covenant, Solemn League and, 362

  Covenant, Approbation of, 353

  Covenant, Act for subscribing, 346

  Covenant, Act against secret disaffecters of, 398

  Covenant, Censures ordered on speakers against, 279

  Covenant, Act anent Expectants refusing to sign, 279

  Covenant, Act for taking, at first receiving of the Lord’s Supper,
      and for the receiving of it also by all Students at their first
      entry to College, 511

  Covenant, Overture approved representing that Students of Philosophy
      at their entry and laureation, and that all other persons as they
      come to age and discretion, before their first receiving the
      Sacrament, be holden to subscribe, 479


  Dancing, Promiscuous, Act discharging, 543

  Declarations of English Parliament, 323, 347

  —— —— Answers to, 324, 355

  Declaration subscribed by Scottish Lords at Oxford, Act concerning,
      398

  Declaration of Assembly, 1648, concerning the present dangers of
      Religion, &c., 498

  Declaration and Brotherly Exhortation of Assembly, to their brethren
      of England, 468, 506

  Declaration by Assembly, of the falsehood and forgery of a Pamphlet
      put forth under the name of Mr Alexander Henderson, 510

  Declaration and acknowledgment, to be subscribed by engagers in the
      late unlawful war against England, 544

  Declaration and Warning of Assembly concerning present dangers and
      duties, 544

  Defection In the Ministry, Act 1595 concerning, ratified, 34

  Deposed Ministers, Acts anent, 205, 349

  Deposed Ministers, Act Discharging them to be reponed to their former
      places, 427

  Deposed Ministers, Act against their sudden Admission to Particular
      Congregations, 496

  Deposed Ministers, Act concerning, 517

  Deposed or Suspended Ministers, Act Discharging them from any Exercise
      of the Ministry, or Meddling with the Stipend, 510

  Deposition and Excommunication of Spottiswood and other Pretended
      Bishops, 26, 27, 28

  Deposition of Ministers by Committees, approved, 205

  Desires of Assembly to Lords of Council, anent Uniformity of
      Kirk-government, 328

  Desires of Assembly to the King for £500, 328

  Desires of Assembly to the King, anent Lists for Presentations, 353

  Directory for Public Worship of God, Act for preparing, 349

  Directory for Public Worship of God, Act for establishing and putting
      in execution, 418

  Directory, Opinion of Committee of Assembly approved for keeping the
      greater Uniformity in the Kirk in the Practice and Observation of
      the, 421

  Directory for Election of Ministers, 550

  Directions of Assembly for Secret and Private Worship, and for
      censuring such as neglect Family Worship, 472

  Disaffecters, Secret, of Covenant, Act against, 398

  Dissenting voices in Presbyteries and Synods, Act concerning, 406

  Divines in England, Letters to and from Synod of, 351, 357, 401, 402,
      417, 495

  Divinity, Act for encouraging Scholars to study, 427

  Doctrine, eight General Heads of, contained in CXI Propositions,
      approved, 479

  Duels, Act discharging, 516


  Ecclesiastic office, Act for debarring of complyers of first class
      (mentioned in Act of Assembly 1646) from, 476

  Election of Moderator in Provincial Assemblies, Act anent, 406

  Election of Ministers, Directory for, 550

  England, Assembly’s Letter to Parliament of, 450

  England, Assembly’s declarations and solemn exhortations to their
      brethren of, 468, 506, 551

  England, Act for prosecuting treaty for Uniformity in Religion, &c.,
      in, 514

  England, late Unlawful War against, Act concerning the receiving to
      public satisfaction, &c., the late engagers in, 543

  Enormities and corruptions in the ministry, with the remedies, 446

  Episcopacy declared to have been abjured, 28

  Episcopacy renounced by Grahame, Bishop of Orkney, 204

  Estates, Assembly’s Supplication to Committee of, 1648, 509

  Estates, Assembly’s Answer to Committee of, 496

  Estates, Assembly’s Answer to Paper sent from Committee of, 505

  Estates, Act and Declaration against Act of Parliament and Committee
      of, 497

  Erastianism, Assembly bears testimony against in Act concerning CXI
      Propositions, 479

  Excommunicate Persons, Act anent an order for using Civil Execution
      against, 355

  Excommunicate Persons, Act against Ministers haunting with, 355

  Excommunicate Persons, Article (16) anent frequenting with, 37

  Excommunicate Persons, Act recommending the execution of the Act of
      Parliament at Perth for uplifting pecunial pains, and of all Acts
      of Parliament made against, 476

  Excommunicate Persons, &c., Overtures concerning, 513

  Excommunication and Deposition of Bishops, 1638, 26, 27, 28

  Excommunication of Earl of Seafort, 445

  Execution, Civil, Act anent an order for using, against Excommunicate
      Persons, 355

  Expectants, &c., Overtures anent approved, 294

  Expectants preaching in Public, Act anent, 448

  Expectants, trial and admission of, 37, 476

  Expenses of Commissioners to Assembly, 36


  Fairlie, Mr James, pretended Bishop of Lismore, deposed, 27

  Family Exercises, &c., Act anent, 327

  Fast, Act for keeping, by congregation where the Assembly holds, 406

  Fast, &c., ordered, 332

  Fast, Public, Act ordaining, 452

  Fornication committed before Marriage, Act concerning public
      satisfaction for, 445


  Glasgow, pretended Assembly at, 1610, condemned, 24

  Government of the Kirk, Act approving Propositions concerning, 422

  Graham, James, (Marquis of Montrose,) Act concerning Proclamation of,
      448

  Grahame, Mr John, pretended Bishop of Orkney, deposed, p. 27;
    renounces Episcopacy, 204

  Guthry, Mr John, pretended Bishop of Murray, deposed, 27


  Henderson, Mr Alexander, Assembly’s Declaration of the Falsehood and
      Forgery of a Pamphlet, put forth under the name of their Reverend
      Brother, after his death, 510

  Highlands, Recommendation to Train Preachers for, 351

  Highlands, Lists for Kirks in, 322

  Highland Boys, the Education of, 510, 552

  Honours &c., Act against Hanging, in Kirks, 349


  Impiety and Schism, Act against, 294

  Independency, Assembly’s Testimony against, in Act anent CXI
      Propositions, 479

  Ireland, Petition of Distressed Professors in, 345

  Ireland, Commission for Ministers to go to, 331, 354

  Ireland, Letter from Distressed Christians in, 396

  Ireland, Commissioners at London recommended to send Directory for
      Worship to, 431


  Judicatories, Superior, Act anent Reposition of Ministers deposed by,
      349


  King’s Letters to Assembly, 21, 292, 320, 345, 443

  King, Letters from Assembly to, 296, 355, 450, 563

  King, Remonstrance of Assembly, 1646, to the, 429

  King, Assembly’s Supplication to the, 1648, 515

  Kirk, Causes and Remedy of its Bygone Evils, 204

  Kirk, Opinion of the Committee for keeping the greater Uniformity in
      the, 421

  Kirk and Kingdom, Act against Complyers with Public Enemies of, 448

  Kirk of England, Letter from some Brethren of the Ministry of the, and
      Answer thereto, 348, 358

  Kirk of England, Letter from Synod of Divines in, and Answer thereto,
      401, 402

  Kirk-Government, Act approving Propositions concerning, 422

  Kirkmen, against Civil Places, &c., of, 38

  Kirk Sessions and Provincial and National Assemblies restored to full
      integrity, 34

  Kirk Sessions, Act anent, 321

  Kirk Sessions, Article (17) anent Voicing in, 37

  Kirks, trying quality of &c., Act anent, 321

  Kirks, Recommendation to Presbyteries anent planting, 353

  Kirks, Act for pressing and furthering the Plantation of, 476

  Kirks, Burial in, Acts anent, 37, 349

  Kirks, incommodiously United in Corrupt Times, Overture for
      Disjunction of, 479

  Kirks, Particular, Visitation of, 34

  Kirks, Highland, Act anent Lists for, 322

  Kirks in Netherlands, Assembly’s Letter to, 404


  League and Covenant, Solemn, 362

  League and Covenant Solemn, Approbation of, 353

  Learning, Overtures for advancement of, 419

  Lindsay, Mr Patrick, pretended Archbishop of Glasgow, deposed, 26

  Lindsay, Mr David, pretended Bishop of Edinburgh, deposed, 26

  Lindsay, Mr Alexander, pretended Bishop of Dunkeld, deposed, 28

  Linlithgow, pretended Assemblies of 1606 and 1608 at, condemned, 24

  Lists, order for making, to King and Patrons, &c., 321

  Lists, for Kirks in Highlands, 322

  Lists for Presentations, desires of Assembly anent, 353

  Lord’s Day, Act anent keeping, 206

  Lord’s Day, Act against masters who have servants that profane the,
      349

  Lord’s Day, Act against loosing of ships and barks on, 448

  Lord’s Day, anent profanation of, by markets on Saturdays and Mondays,
      36

  Lord’s Supper, anent its more frequent administration, 36

  Lykwakes, Act against, 427


  Manses and Glebes, Overtures respecting, 479

  Markets on Monday and Saturday, anent, 36

  Marriage, Promise of, made by Minors, 405

  Marriage without proclamation of Banns, 37

  Marriages, Border, 206

  Married persons, Act concerning the public satisfaction of, for
      ante-nuptial Fornication, 445

  Masters whose servants profane the Lord’s Day, Act against, 349

  Maxwell, Mr John, pretended Bishop of Ross, deposed, 26

  Ministers, Trial of, 206, 321

  Ministers, Ordination of, Act approving propositions concerning, 422

  Ministers, Article anent conversation, admission of by Presbyteries,
      &c., 34

  Ministers, Directory for Election of, 550

  Ministers, Presbyteries recommended to consider the interests of
      particular congregations in the calling and election of, 452

  Ministers, Transplantation of, &c., 326

  Ministers, bruiking benefices, Act anent, 293

  Ministers haunting with Excommunicate Persons, Act against, 355

  Ministers, slandering of, Act anent, 332

  Ministers, Act censuring, for silence, &c., 509

  Ministers in Burghs, Recommendation for securing Provision to, 515

  Ministers, deposed, Censures ordered against, 38

  Ministers, deposed, Acts anent receiving, 205, 293

  Ministers, deposed, Act anent reposition of, 349

  Ministers, deposed, Act discharging them to be reponed, 427

  Ministers, deposed, Act against sudden admitting of, to particular
      Congregations, 496

  Ministers, deposed or suspended, discharged from any Exercise of the
      Ministry or meddling with the Stipend, 510

  Ministers, deposed, Act concerning, 517

  Ministers, to go to Ireland, Commission for, 354

  Ministers, Act for sending, to the Army, 398

  Ministers of England, Letter from and Answer to, 329

  Ministers in Church of England, their Letter to Assembly and Answer,
      348, 358

  Ministers, Petition for, from Ireland, 345

  Ministry, Defections in, 34

  Ministry, Corruptions in Office of, &c., 34, 35

  Ministry, Enormities and Corruptions observed in, with the Remedies
      thereof, 446

  Ministry, deposed and suspended Ministers dischargedfrom any Exercise
      of the, 510

  Ministry, Anent the entering of Ministers to the, 36

  Ministry, Renovation of former Acts for Trial and Admission of
      Expectants to the, 476

  Minors, Overture concerning Promise of Marriage made by, 405

  Moderator, Act anent Election of, in Synods, 406

  Moderators, Article anent choice of, 34

  Montrose, Marquis of, Act concerning James Graham’s Proclamation, 448

  Monuments, Idolatrous, anent demolishing, 279


  Netherlands, Assembly’s Letter to Kirks in, 404

  Non-Communicants, &c., 322

  Non-Residents, Article anent, 34

  Novations, anent, 208, 294


  Oaths, unlawful, of Entrants, 26

  Oaths, Act anent contrary, 327

  Ordinance concerning Bursars, 405

  Ordinance for uplifting Penalties, 405

  Ordination of Ministers, Act approving propositions concerning, 422

  Overtures remitted to Presbyteries on Proceedure in Appeals,
      prescription of Scandals, and keeping General Assemblies when
      Presbyteries do not send the full numbers, or Members go away, 333

  Overtures anent Bills, References and Appeals approved, 345

  Overtures anent Witchcraft, &c., approved, 354

  Overtures concerning Promise of Marriage, made by Minors, to those
      with whom they have committed Fornication, 5

  Overtures for correspondence by Letter among Presbyteries;
    for Presbyteries appointing some to direct the Studies of Young Men
      not able to furnish themselves in charges to attend the
      Universities; for Universities condescending on the best Overtures
      for Grammar and Philosophy; for promoting the spread of the
      knowledge of God in Christ, through the Highlands and Islands;
    for ordering Professors to produce Copies of their Dictates to be
      revised by the Assembly;
    for making Ministers’ Manses and Stipends free to the Entrants,
      approved, 449

  Oxford, Act concerning Declaration signed by Scottish Lords at, 398


  Papists, &c., anent, 206, 322, 513

  Paraphrase of Psalms, 475, 513, 553

  Parliament of England, Declaration of, and Answer thereto, 323, 324

  Parliament of England, Declaration of the, to the Assembly, 347

  Parliament of England, Propositions of Commissioners of the, 347

  Parliament of England, Result of Debates of Committees of Convention
      of Estates and Assembly, appointed to meet with Commissioners of,
      353

  Parliament of England, Answer of Assembly to Declaration of the
      Honourable House of, 355

  Parliament of England, Assembly’s Letter to, 450

  Parliament, Petition to, from the Assembly, 420

  Parliament, Act and Declaration against Act of, June 10, 1648, 497

  Parliament, Petition to, anent tithes, &c., 544

  Pastors, Article anent presenting, 37

  Patrons, Order for making Lists to, 321

  Perth, pretended Assembly at, condemned, 25

  Perth, Five Articles of, declared abjured, 32

  Petitions, &c., Act anent, 327

  Petition from Assembly to Parliament, concerning the duty of the
      latter in the exigency of the times, (1645), 420

  Piety, Directions of Assembly for cherishing, 472

  Pious uses, Acts for employing penalties on, 405, 476

  Plantation of Kirks, Act for furthering, 476, 478

  Poor, Act concerning collections for, 515

  Popery and Superstition, anent repressing, 36

  Prayers, public, &c., ordered, 332

  Preaching in public, Act anent Expectants, 448

  Precentors, Maintenance of, 553

  Presbyterial Meetings, 34

  Presbyteries, Admission of Ministers by, 34

  Presbyteries and parochines, Competency of, 34

  Presbyteries, Recommendation to, anent Students that have the Irish
      language, 351

  Presbyteries, Recommendation to, anent planting Kirks, 353

  Presbyteries, Act anent Dissenting Voices in, 406

  Presbyteries in Orkney and Zetland joined to Provincial Synod of
      Caithness, 447

  Presbyteries recommended to consider the interests of Particular
      Congregations in the Calling and Admission of Ministers, 452

  Presbyteries, Act concerning their Maintaining of Bursars, 511

  Presbyteries recommended to send opinions on matters referred to them,
      431, 517

  Presbytery of Skye joined to Synod of Argyle, 323

  Presbytery with the Army, Letter of, to Assembly, with the Answer
      thereto, 396, 399

  Presbytery of Biggar, Act for entry of, 397

  Presbytery of Zetland allowed to send only half of its Ministers with
      their Elders to the Provincial Assembly of Caithness, 468

  Presenting Pastors, Readers, &c., Act anent, 37

  Presentations, Order for making Lists to Patrons for, 321

  Presentations, Desires of Assembly anent Lists for, 353

  Press, Act controlling the, 39

  Proclamation of James Graham, Act anent, 448

  Profaneness, Ecclesiastic Remedies against, 512

  Professors, Act for Electing, as Commissioners, 345

  Propositions from Commissioners of English Parliament, 347, 349

  Propositions, Act concerning CXI, 479

  Psalms brought from England, Act for revising Paraphrase of the, 475

  Psalms, Paraphrase of, Act for examining, 513


  Readers, Act anent presenting, 37

  Rebels in North and South, Act against, 398

  Recommendation to Presbyteries anent planting of Kirks, 353

  Reference from Presbytery of Kirkaldy, 333

  Reference from Synod of Fife, 333

  Reference to Commission anent the Persons designed to repair to
      England, 359

  References, Overtures anent, 345

  Register, Act approving an old, 205

  Registers, Testimony of Com. for Trial of, (1638), 22

  Registers, Act approving, (1638), 22

  Registers and Acts of Provincial Assemblies, Act concerning, 445

  Religion, Declaration of Assembly, 1648, anent present dangers of, 498

  Religion, Act for prosecuting Treaty for Uniformity of, in England,
       514

  Remedies for Grevious and Common Sins of the Land in this present
      time, 1648, Overtures on, approved, 511

  Remonstrance of Assembly to the King, (1645), 420

  Reposition of deposed Ministers, Act anent, 349


  Sabbath Day, Profanation of, in Landward, for want of afternoon
      service, 37

  Sabbath Day, Assembly recommends to Presbyteries the Execution of old
      Acts of Assembly against breach of the, 38

  Sabbath Day, Profanation of the, 322

  Scandals, Prescription of, overture on, 333

  Schism, Act against, 294

  Schism and Division, Directions of Assembly for avoiding, 472

  Scholars, Act for Encouragement of, to Professions in Schools, 427

  Schools, Article anent the planting of, 34

  Schools, Provision of, &c., 326, 427

  Schools, Overtures approved, for advancing of Learning and good Order
      in, 419

  Schools of Divinity, Overtures approved for ordering of the Bursars of
      Theology, and maintaining them at, 421

  Schools, Act for Collection for entertaining Highland Boys at, 552

  Schoolmasters, Act anent presenting, 37

  Schoolmasters and Precentors, recommendation for maintenance of, 553

  Scriptural Songs, recommendation for translation of, into metre, 475

  Scriptural Songs, Act for examining the Paraphrase of the Psalms and
      other, 513

  Seafort, Earl of, Excommunication of the, 445

  Separation, Act for searching Books tending to, 346

  Servants that profane the Lord’s Day, Act against Masters of, 349

  Service Book, &c., condemned, (1638), 26

  Sideserf, Mr Thomas, pretended Bishop of Galloway, deposed, 26

  Sins of the Land, Overtures for Remedies of, (1648), 511

  Slandering of Ministers, 332

  Spottiswood, John, pretended Archbishop of St Andrew’s deposed, 26

  St Andrews, Pretended Assembly at, (1617), condemned, 25

  Stipend, Suspended and Deposed Ministers discharged from meddling
      with, 510

  Students who have the Irish language, anent, 351

  Students of Philosophy, Overture anent their Signature of League and
      Covenant, 479

  Students at their first entry to Colleges required to take the
      Covenant, 511

  Superstition and Popery, anent repressing, 36

  Supplications to the King, 40, 41, 209, 323

  Supplications to Commissioners anent Large Declaration, 206

  Supplication relative to Confession and Covenant, and Answer thereto,
      207

  Suspended and Deposed Ministers discharged from any Exercise of the
      Ministry, &c., 510

  Synod Books, Act anent, 320

  Synod of Divines in England, their Letters to the Assembly, 351, 401,
      417, 495

  Synod of Divines in England, Answers to, 357, 402

  Synod, of Orkney and Caithness, Act disjoining Presbytery of Zetland
      from, 511

  Synods and Presbyteries, anent advising with, 208

  Synods and Presbyteries, anent keeping, &c., 327

  Synods, Act anent dissenting voices in, 406


  Testimonials, Overture anent, 333

  Tithes &c., Assembly’s Petition to Parliament, anent, 544

  Titles savouring of Popery, Art. (19) against, 37

  Transplantation of Ministers, &c., 326

  Trial of Expectants, Article anent, 37

  Trial of Ministers, Declaratory Act anent, 321

  Trial and Admission of Expectants to the University, Renovation of
      former Acts for, 476

  Trial of Expectants, &c., 521


  Uniformity in the Kirk, Opinion of Committee on, approved, 421

  Uniformity in Religion, Commission of Persons sent to England for
      prosecuting Treaty of, renewed, 428, 450, 477

  Uniformity in Religion in England, Act for prosecuting Treaty for, 514

  Unity, Directions of Assembly for maintaining, 472

  Universities, Overtures anent, approved, 293

  Universities, Recommendation to, anent Students that know Irish, 351

  Universities, Desires and Overtures from the Commissioners of, and the
      Assemblies Answer thereto, 478


  Visitation of Kirks, Schools, and Colleges, 34

  Voices, Dissenting, in Synods and Presbyteries, 406


  War, Declaration of Assembly, 1648, concerning the present dangers of
      Religion, especially the unlawful Engagement in, 498

  War against England, Act concerning the receiving of Engagers in the
      late unlawful, with Declaration or Acknowledgment to be
      subscribed, 543

  Warning, A Solemn and Seasonable, to the Noblemen, Barons, Gentlemen,
      Burghs, Ministers, and Commons, and Armies of Scotland, 423

  Warning and Declaration by Assembly concerning present and imminent
      dangers, &c., 544

  Wedderburn, Mr James, pretended Bishop of Dumblane, deposed, 27

  Whytefoord, Mr Walter, pretended Bishop of Brechin, deposed, 26

  Witchcraft, Overtures anent, 354

  Witchcraft, Commission for a Conference of Ministers, Lawyers, and
      Physicians, concerning the Trial and Punishment of, 553

  Witches, Act against, 279

  Worship of God, Act for preparing the Directory for the, 349

  Worship of God, Act for Establishing and putting in Execution
      Directory for the, 418

  Worship, Private and Family, 472

  Worship, Public, Act against such as withdraw themselves from, in
      their own congregation, 474


  Yule Day, Act censuring Observance of, 427


  Zetland, Presbyteries of, 447, 468, 511




INDEX

TO

MISCELLANEOUS DOCUMENTS.

1638-1654.
            Page
  Aberdeen, Explanation of the Bishop and Doctors of, on signing the
      King’s Covenant, 92

  Allegiance, Oath of, 223

  Army, Scotch, declaration concerning the acceptation of the King’s
      Answers, p. 229;
    letter announcing approach of, (1640), p. 297;
    six considerations of the lawfulness of their Expedition into
      England, p. 297;
    articles for Maintenance of, p. 301;
    causes of humiliation for Defeat of, 1650, 600

  Army, English, Remonstrance of, 568

  Articles for present peace of the Kirk and Kingdom, 63

  Articles of information to the Archbishop of St Andrew’s, or of
      Canterbury, respecting the proceedings of Covenanters, 64

  Articles of Advice, by Hamilton and others, to the King, 79

  Articles for Cessation of Arms between English and Scotch
      Commissioners, 302

  Assembly, General, 1638, summoned to meet at Glasgow, p. 14;
    Baillie’s account of its meeting, p. 14;
    proclamation indicting, p. 83;
    Rolln of the Members, p. 109;
    _note_ on celebration of Second Centenary at Glasgow, p. 111;
    letter to Hamilton, and _note_ containing Baillie’s account of its
      reception, p. 127;
    Report of Proceedings of Assembly at Glasgow, 1638, p. 128;
    result of its proceedings, 193

  Assembly, General, at Edinburgh, 1639, p. 193, 203;
    summoned, p. 230;
    Roll of Members, p. 237;
    Report of Proceedings, 238

  Assembly, General, at Aberdeen, 1640, p. 272;
    Baillie’s account of, 284

  Assembly, General, at St Andrew’s and Edinburgh, 1641, p. 288;
    Baillie’s Journal of, 303

  Assembly, General, at St Andrew’s, 1642, p. 309;
    Baillie’s Journal of, 335

  Assembly, General, at Edinburgh, 1643, p. 341;
    Baillie’s Journal of, 364

  Assembly, General, at Edinburgh, 1644, 395

  Assembly, General, at Edinburgh, 1645, 415

  Assembly, General, at Edinburgh, 1646, 440

  Assembly, General, at Edinburgh, 1647, p. 461;
    Warning to all Estates throughout the Land, 489

  Assembly, General, at Edinburgh, 1648, p. 491;
    Baillie’s account of, 526

  Assembly, General, at Edinburgh, 1649, 530

  Assembly, General, at Edinburgh, 1650, Account of, p. 618;
    Commission of Assembly, 1650, adopts Resolutions, p. 618;
    Proceedings approved, p. 635;
    Declaration and Warning from Commissioners of, 1650, 599

  Assembly, General, at St Andrew’s and Dundee,
  1651, Account of, p. 626;
    Acts, &c., extracted from Pamphlets, p. 631;
    Protestation against its lawfulness, p. 631;
    Negotiations with Committee of Estates, p. 634;
    Acts for Censuring those who do not acknowledge the Assembly, and
      against Expectants who oppose the Public Resolutions, p. 638;
    Exhortation and Warning, by Commission of this Assembly, 639

  Assembly, General, 1652, Acts of, p. 646;
    Propositions offered to meeting of Ministers at Edinburgh, 1652,
      p. 646;
    Reasons why Protesters cannot agree to Propositions, p. 647;
    Instructions to Committee, appointed by Protesters for Conference
      with Assembly, p. 648;
    Act of Assembly for Peace and Union of the Kirk, p. 649;
    Acts concerning admitting Expectants to trials, and Ruling Elders to
      Church Courts, and for putting in execution former Acts and
      Constitutions of Assemblies, anent trying, &c., of Church officers
      censuring of scandalous persons,  receiving of Penitents, and
      debarring of persons from the Lord’s Table, p. 650;
    Declaration of Assembly, Declaration of Protesters, p. 651;
    Proceedings of Assembly’s Commission appointing a committee of
      Conference with Protesters, p. 652, 653;
    Conference declined, Observations on Answer of Assembly’s
      Commission, 653

  Assembly, General, 1653, Accounts of its dispersion by Lambert,
      p. 656;
    by Nicol, p. 658;
    and by Baillie, 666

  Assembly, Westminster, Extracts from Baillie’s account of, 372, 407,
      432, 454, 483


  Balcanquel compiles Large Declaration, 47, 198

  Balfour, Sir James, reference to his historical works, 48;
    Excerpts from, 45, 313, 586, 595, 638

  Balmerino tried for leasing-making, p. 4;
    pardoned, 5

  Baillie’s, Principal, account of encampment at Dunse Law, p. 200;
    Account of General Assemblies and Westminster Assembly, in letters
      to Mr Spang, &c., (_see Assembly_;) account of affairs in
      Scotland, 1648, 520, 559, 658

  Band and Oath of Engagement, Northern, 603

  Bishops and Archbishops, Bill or Complaint of Noblemen and Covenanters
      against the pretended, p. 94;
    and act of Presbytery of Edinburgh in answer thereto, 98

  Bishops, Tulchan, 248

  Book of Common Order superseded by a new Liturgy, 5

  Brechin and Ross, Bishops of, Letter to Commissioner from, 106

  Burnet, Bishop, his Memoirs of Dukes of Hamilton referred to, 48


  Canterbury, Archbishop of, (Laud,) Letters to Hamilton from, 122, 123

  Charles I. ascends the throne, p. 3;
    is crowned in Scotland, and obtains an act asserting his unlimited
      prerogative in prescribing Apparel to Ecclesiastics, &c., p. 4;
    his arbitrary principles, p. 5;
    orders observance of new ritual, p. 7;
    indicts a General Assembly at Glasgow, 1638, discharges the use of
      the Service Book, &c., p. 14;
    indications of his intentions to introduce Episcopacy,
      _note_, p. 50;
    letter to Spottiswood, requiring observance of the Service Book,
      p. 50;
    letter to Privy Council, desiring them to leave a committee in
      Edinburgh till the Service Book be settled, p. 55;
    letter directing meeting of Council to be dissolved &c., p. 55;
    proclamation against Covenant, and Declaration in favour of true
      established religion, p. 65;
    letters to Hamilton anent troubles &c., p. 68, 69, 70, 74, 83, 90,
      93, 106, 107, 123, 213, 214, 215, 216, 219, 221, 223, 225, 386;
    his Majesty’s ten demands, p. 76;
    answers to those articles, p. 77;
    and Commissioner’s reply, p. 78;
    letter to the Privy Council, declaring for Reformed and against
      Roman Religion, p. 78;
    his declaration that he had signed the Confession of Faith, 79;
    letter to the Privy Council, ordering Confession of Faith and Band
      1580 to be renewed, p. 83;
    letter desiring the Privy Council to support the King’s
      Commissioner, p. 90;
    Offers to Assembly, p. 108;
    hostilities commence between the King and Covenanters, p. 197;
    publishes Large Declaration, p. 198;
    pacification, p. 202;
    missive anent the King’s coming to York, p. 209;
    answer thereto, and another missive, p. 211;
    letter to the English nobility, p. 210;
    proclamation, p. 210;
    proclamation at Newcastle, and answer to Hamilton’s proposals,
      p. 220;
    declaration and terms of treaty, p. 228;
    letter to Archbishop of St Andrews, 234;
    letters to Traquair, 235, 236;
    letter anent Uniformity of Church Government, p. 384;
    letter to Conservators of the Peace, p. 385;
    answer to Scotch commissioners at Oxford, 387;
    last answer to Scotch commissioners, 388;
    Instructions to Hamilton and others, p. 389;
    Declaration to subjects in Scotland, p. 390;
    letter to Council anent Convention, letters to Lanerick, message
      from friends in Scotland, p. 393;
    letter to Convention, p. 394;
    answer to Propositions of English and Scotch Commissioners, p. 487;
    answers to Scotch Commissioners at Newcastle, p. 488;
    his Trial and Execution, p. 540, 576

  Charles II., Account of Negociations with, p. 559;
    Declaration of the Commission of the Kirk and Committee of Estates
      when the King delayed signing previous Declaration, 599

  Chronicle of Fife, 588, 617, 656

  Church of Scotland, Overtures and Acts of Estates respecting, p. 339;
    List of Documents respecting, p. 394;
    Proceedings in Convention of Estates respecting, p. 414, 439, 460,
      490, 569, 593;
    State of, from 1649 to 1654, 591

  Clergy of Scotland petition the King, 26th May, 1633, 48
  Commission, High, Act of Council anent, 75

  Commission Courts granted to Prelates, 6

  Conference, Heads of, betwixt Hamilton and some Covenanters, 224

  Convocation of Clergy and Landed Proprietors support project for
      resumption of Tithes, 4

  Convention of Estates refuse project for resumption of Grants of
      Tithes, p. 3;
    reported as approving of Act relative to Royal Prerogative, &c., 4

  Court of Session remonstrates with the King, 197, 211

  Covenant, National, framed, p. 8;
    circumstances which justify it, p. 9;
    copy thereof, p. 9;
    promulgated, p. 13;
    draft of Explanations of Covenant by Spottiswood, 69

  Covenanters, character of their Proceedings, p. 20;
    their Demands, p. 62;
    their letter to the Privy Council, p. 63;
    letter from Lords Covenanters to Hamilton, with answer and
      correspondence, p. 91, 92;
    Covenanters prepare for War, p. 197;
    encamp at Dunse Law, p. 200;
    letter to Hamilton and answer, p. 217;
    letter to the King of France, p. 282;
    letter to Lanerick, 300

  Cromwell, Oliver, Letters to Committee of Estates from, p. 567, 608;
    Proclamation of, 616

  Cross Petition, 386


  Declaration, Large, referred to, p. 47;
    condemned by General Assembly, p. 368;
    discussion in Parliament respecting, 279

  Declaration, approved by Charles I., in favour of true established
      religion, 65

  Declaration of Charles I., that he had signed the Confession of
      Faith, 79

  Declaration of Hamilton to Privy Council respecting the indicting of
      a Parliament and Assembly, 79

  Declaration at Dunfermline, (1650), 599

  Declaration and Warning from Commission of Assembly, 1650, 599

  Declinator and Protestation of Archbishops and Bishops, against the
      pretended General Assembly 1638, p. 99;
    His Majesty’s observations on Draft thereof, 106

  Declinator by Scotch Prelates, 1639, 234

  Dickson, Mr David, discusses Arminianism, p. 156;
    chosen Moderator of Assembly 1639, 242

  Dispute against the English Popish Ceremonies, book so called
      prohibited, 55

  Dunse Law, Covenanters encamp at, 200

  Dysart, Earl of, letter to Lanerick from, 385


  Estates of Scotland, list of their Overtures and Acts anent the
      Church, p. 339;
    Instructions by their Committee sent by the Commissioners to English
      Parliament, p. 566;
    Negotiations with Assembly’s Commission, 1650, p. 610;
    and with Assembly, 1651, 634


  Fairfax, General, Letter to Speaker of House of Commons from, 568

  Fife, Chronicle of, 588, 617, 656


  Grants of Tithes &c., projects of James VI., and Charles I., for
      resumption of, considered and rejected in Convention of Estates, 3

  Guthrie’s Waters of Sihor, Extracts from, 618, 636


  Hamilton, Marquis of, his reception in Edinburgh on a mission from
      Charles I., p. 14;
    his queries to the King with the answers, p. 66;
    his instructions from the King, p. 67, 76,
  80, 81;
    his Commission as Commissioner to Scotland, p. 68;
    speech to Court of Session, p. 75;
    reply to answers to the King’s ten demands, p. 78;
    Declaration relative to calling of a Parliament and Assembly, p. 79;
    answer to Lords Covenanters, p. 91, 92;
    speech to Assembly, p. 107;
    letters to the King, p. 113;
    speech on dissolving Assembly 1638, and reply to Moderator, p. 116;
    letter to Lord Provost, &c., of Edinburgh, p. 215, and reply, 216;
    answers to Rothes, p. 221;
    letter to Rothes, p. 222;
    advice to the King, p. 232;
    private warrant from the King to converse with Covenanters, p. 232;
    letter to Lord Lindsay, p. 280;
    Report of State of Scotland, p. 384;
    letter to the Queen, 389

  Hamilton, Duke of, Account of his Expedition into England, 569

  Henderson, Alexander, and others, present Bills of Suspension against
     the innovations of Charles I., p. 7;
    obtain great support, p. 7;
    Extract of bill of suspension and deliverance, p. 53;
    Sermon on deposing Bishops, p. 174;
    Sermon before Assembly 1639, 239

  Hume, Lord, protests against Traquair’s Proclamation, 59


  Introduction, 3

  Ireland, Rebellion in, 313


  Kirk—see Church.

  Kirkton, James, Excerpts from his History of the Church of Scotland,
      624


  Lamont, John, Excerpts from his Chronicle of Fife, 588, 617, 655

  Lanerick, Earl of, his letter appointing a treaty, p. 301;
    account of affairs to the King, 392

  League and Covenant, 1643, 362

  Leslie, Alexander, (Earl of Leven,) takes the command of the
      Covenanters, 196

  Lindsay, Lord, protests against Traquair’s proclamation, 59

  Linlithgow, Proclamation at, denouncing tumults in Edinburgh, and
      expressing abhorrence of Popery, 57

  Liturgy, New, framed, p. 5;
    its nature, p. 6;
    its introduction causes general discontent, p. 6;
    clergy ordered to buy and provide copies, p. 6;
    order intimated in Edinburgh, from the pulpit, as to its
      introduction, p. 6;
    service interrupted by Janet Geddes, p. 6;
    the King’s missive anent the uproar, p. 52;
    bills of suspension presented, p. 7;
    Privy Council find the _purchase_ only of new Liturgy required,
      p. 7;
    immediate observance of it ordered, p. 7;
    noblemen, gentlemen, and clergy, concur in a protestation against
      new Liturgy, &c., p. 7;
    Traquair issues a proclamation approving the new Liturgy, &c.,
      p.8, 59;
    protestation against it, p. 81, 59;
    letter from Traquair and Roxburghe representing popular excitement,
      61

  Loudoun, Lord, speech to Privy Council, p. 57;
    terms of his liberation, 283


  Middleton’s Letter to General David Leslie, 603

  Ministers of the Church of Scotland, their Supplication and
      Remonstrance to the Lord High Commissioner and General Assembly,
      1638, 115

  Ministers, Act anent Presentation of, 414

  Montrose, Earl of, p. 197; his execution, 595


  Nicoll, John, Extracts from his Diary, 612, 626

  Nithsdale, Earl of, King’s Commissioner to the Convention, instructed
      to exact an unconditional surrender of grants of tithes &c., p. 3;
    returns to London, 4

  Nobility, Letters from King to, p. 210;
    letter from Nobility of Scotland to Earl of Essex, p. 214;
    their supplication to the King, p. 216;
    letter to Earl of Holland, p. 218;
    and reply, p. 221;
    supplication to Commissioner, p. 220;
    letter from Scotch nobles to Noblemen in England, p. 222;
    letter to Scotch Nobility from Sir J. Carmichael and Lord Southeske,
      p. 222;
    their letter to Earl of Holland, 222

  Non-Covenanters’ Estates, Act anent, 414


  Oath urged on Scotsmen at London, 212


  Pacification, (1639,) 202, 228, Act of, (1642), 335

  Parliament, Scottish, letter to Earl of Lanerick, from Committee of,
      p. 282;
    answer and reply, p. 284;
    letter to Earl of Lanerick from Commissioners of, p. 299;
    Petition from the same to the King, p. 300;
    Ratification of Calling of Convention, League and Covenant, &c.,
      (1644), 363

  Patronages, 263, 586, 589

  People of Scotland, their supplication to the King, p. 225;
    and the King’s answer, p. 226;
    Desires of his Majesty’s Subjects, 227

  Presbyteries, a Direction by Covenanters for, 82

  Primrose, Clerk Register, makes a False Report of the Majority of
      Estates on Act asserting the King’s Prerogative, 4

  Privy Council declare the _purchase_ only of New Liturgy required,
      p. 7;
    panic-struck at popular commotion, p. 7;
    letter to the King, p. 53;
    his answer, p. 54;
    Acts anent Service Book, p. 50;
    anent new Psalms, p. 51;
    anent Service Book, p. 51;
    appoint Lennox to represent matters to the King, p. 55;
    Act of Privy Council anent Psalms, p. 51;
    Act dissolving meeting of Council, as concerns Affairs of the Kirk,
      p. 55;
    Act anent removal of Council to Linlithgow, p. 55;
    Act prohibiting Tumultuous Assemblages, p. 55;
    Act anent Petitions from Noblemen &c., p. 58;
    Instructions to Lord Justice Clerk, p. 60;
    letter to Hamilton respecting disturbances, p. 61;
    letter to the King respecting return of the Judicatories to
      Edinburgh, p. 75;
    Act anent the King’s Letters anent annulling the Service Book,
      renewing Confession, &c., p. 84;
    Proclamation declaring that the Council had signed the Confession,
      p. 90;
    resolution to go to Court, p. 214;
    missive to Commissioner, and his answer, p. 218;
    letter to the King, 392

  Proclamations;—at Linlithgow, p. 57;
    at Stirling, p. 59;
    against Covenant, p. 65;
    discharging Acts of Council anent the Service Book, &c., p. 70;
    discharging Service Book, ordering Confession, 1580, to be renewed,
      &c., p. 81;
    indicting Assembly and Parliament, 1638, p. 83;
    declaring that the Privy Council had signed the Confession, p. 90;
    dissolving Assembly, 1638, p. 118;
    against Recognition of Assembly at Glasgow, 124

  Propositions and Articles of Scottish Commissioners, 1642, p. 333;
    and Answer of English Commissioners, 334

  Protestation of Noblemen, &c., against innovations, declaring
      adherence to the Covenant, &c., 71

  Protestation of Noblemen &c., relative to a free General Assembly and
      Parliament, &c., 84

  Protestation of General Assembly, 1638, against King’s Proclamation
      for dissolving thereof, 119

  Protestation at the Market Cross of Edinburgh, July 1st, 1639, 231

  Protestation against Lawfulness of Assembly, 1651, 631

  Protestation of Guthrie and Bennet, ministers at Stirling, to
      Committee of Estates at Perth, 1651, p. 639;
    and Answer of Assembly’s Commission to King and Parliament,
      respecting the said Protestation, 642


  Queries by Hamilton, and Answers by the King, 66


  Ramsay, Mr Andrew, discusses Arminianism, 159

  Remonstrance to Committee of Estates from gentlemen, &c., with army in
      the West, p. 604;
    Declaration of the King and Committee of Estates respecting, p. 609;
    Communications between Convention of Estates and Commission of
      Estates respecting, p. 610;
    Their resolutions at Perth anent, and protest against the same,
      p. 618;
    Representation to Assembly, 1651, against Commission’s Letters and
      Act citing protesters against resolutions, p. 631;
    instances of the influence of letter and act, p. 632;
    animadversion of Robert Blair on Remonstrance of Western Forces, 644

  Report of Proceedings of Assembly at Glasgow, 1638, p. 128.
    Session 1, the King’s Commissioner requires Commissions to be
    examined before Election of a Moderator, Reasons against this
    Course, Commissioner yields with respect to the Commissions, but
    requires his Assessors to be admitted to vote, Assembly refuses,
    Commissioner protests against the Bishops being called _pretended_,
    Protestation against Prelates, p. 129;
      concerning the Voting of the Assessors, p. 130;
      Mr Alexander Henderson chosen Moderator, p. 130.
    Session 2, Discussion on Election of Clerk, p. 130.
      Mr Archibald Johnston chosen, p. 131;
      Discussion respecting Registers of Church, p. 132;
        Committee appointed to examine them, Book of Kirk Policy,
        Moderator desires Commissioner to proceed to try Members and
        Commissions, Commissioner desires a written paper from the
        Lords of the Clergy to be read, p. 133;
      the Assembly refuses, and the Commissioner protests, p. 134.
    Sessions 4 and 5, Discussion on Commissions, p. 135 to 138.
    Session 6, Discussion on Registers, p. 138;
      Assessors to Moderator appointed for ordering Matters to be
        proponed in Assembly, p. 139;
      Committee of Bills appointed, Discussion on Commissions resumed,
        p. 140.
    Session 7, Discussion on Registers resumed, p. 140;
      Registers approved, Discussion on Declinature by pretended
        Archbishops and Bishops, with reference to Lay Elders,
        p. 141;
      Commissioner produces Declaration of the King discharging the
        Service Book, &c., Speeches of Commissioner and Moderator,
        p. 142;
      Discussion relative to Prelates resumed, in connection with the
        question as to the right of Ruling Elders to Voice in the
        Assembly, p. 143;
      Lord Rothes defends “the Tables,” p. 145;
      Assembly declines to Register the Bishops’ Declinature,
        Commissioner discharges, in the King’s name, the Court to sit
        any longer, and leaves the Assembly, p. 146;
      Protestation taken against his departure, Mr David Dick[son]
        encourages the Assembly, which continues to sit, Lord Erskine
        declares his regret at refusing so long to subscribe the
        Covenant, Assembly declare themselves Lawful and Competent
        Judges to the pretended Bishops and Archbishops, p. 147.
    Session 8, Discussion on Commissions resumed, with reference to the
      Prelates’ objections to some Ministers from Ireland, others under
        censure of the High Commission, &c., p. 148;
      Argyle declares the sense in which he had signed the Confession,
        states his view in attending, and is invited to remain, p. 150;
      Committee appointed to view the Books respecting the Confession,
        Summons and Claim against the pretended Bishop of Galloway read,
        and a Committee appointed to view those against the rest,
        p. 151;
      Committee appointed to Sight the Book of Canons, &c., p. 152.
    Session 9, Papers produced, and Statements made, shewing the meaning
        of the Earl of Kinghorn, Lord Galloway, the Earl of Mar, and
        Lord Napier, in subscribing the Confession, Reports of
        Committees made on disputed Commissions, Report made by Loudoun
        from Committee for considering the Confession of Faith, p. 152;
      Reports from Committee on complaints against Bishops and other
        Committees, Remarks relative to the Caveats, p. 153;
      Committee appointed to Report on the authority or nullity of
        certain Assemblies, p. 154.
    Session 10, Case of Mr David Mitchell, p. 154;
      Brethren appointed to speak of Arminian errors which were imputed
        to him, Report on disputed Commission, p. 155.
    Session 11, Argyle desires the Assembly to be sparing to meddle with
        the King’s authority, Moderator’s reply, p. 155;
      Arminianism discussed by Mr David Dick, Mr Andrew Ramsay, and the
        Moderator, p. 156-7;
      Bishop of Orkney’s Submission, p. 159;
      Mr David Mitchell’s Deprivation, p. 160.
    Session 12, Commissioners appointed to hear Complaints of Citizens,
        &c., against Ministers of Edinburgh who declined the Assembly,
        Sentence of Deprivation pronounced against Gladstanes, Archdean
        of St Andrews, Committee on nullity of certain Assemblies give
        in their Reasons, p. 160;
      Row relates Anecdotes illustrative of the Corruption in the
        Glasgow Assembly 1610, five pretended Assemblies declared null,
        p. 162.
    Session 13, Moderator recommends a return to the Practice
        warrantable by lawful Assemblies and Customs of the Church,
        Complaint against the Prelates, p. 162;
      Process against John Chrichton, p. 163.
    Session 14, Report of Committee on Service Book, &c., Assembly
        condemns the Service Book and High Commission, p. 163.
    Session 15, Bishop of Dunkeld submits himself to the Assembly,
        p. 164;
      Sydserf, Bishop of Galloway, deposed and excommunicated, p. 165;
      also Spottiswood, Archbishop of St Andrews, Whytefoord, Bishop of
        Brechin, p. 166.
    Session 16, Proceedings against Lindsay, Bishop of Glasgow, delayed
        at the request of Lord Wemyss, p. 166;
      the Report of the Committee on the Confession having been called
        for, Argyle, Rothes, and Loudoun address the House on the
        subject with reference to Episcopacy, p. 166;
      Episcopacy abjured, p. 168.
    Session 17, Committee appointed for viewing overture relative
        to good Order of the Church, Discussion on the Five Articles of
        Perth, which are condemned, p. 168;
      Lord Wemyss reports the result of his Conference with the Bishop
        of Glasgow, Bishops of Edinburgh and Aberdeen deposed and
        excommunicated, p. 170;
      also the Bishop of Ross and the Bishop of Dumblane deposed,
        p. 171.
    Session 18, Bishops of Orkney and Murray deposed, p. 171;
      Bishop of Glasgow declared worthy of Deposition and
        Excommunication, but the latter delayed, Bishops of Argyle and
        of the Isles deposed, Mr John M‘Naught, Minister at Chirnside,
        deposed for deserting his Parish, &c., p. 172;
      Mr Thomas Fosters deposed, p. 173.
    Session 19, Bishop of Dunkeld gives in his Submission, but is
        deposed, Bishop of Caithness deposed, p. 173.
    Session 20, Deposition of the Prelates, “the Bishops Doom,” the
        Moderator’s Sermon on the Deposition of the Bishops, p. 174;
      Processes against ministers, p. 180.
    Session 21, Substitute Commissioner from Caithness admitted on the
        Roll, Commissions appointed through the Kingdom for discussing
        complaints and libels against Ministers, Lord Wigtoun declares
        that he had signed the Confession, Moderator suggests some
        arrangement with regard to Expenses of Ministers from Orkney and
        other remote places, p. 181;
      Process against Mr George Wishart, Minister of St Andrews,
        Proceedings relative to Mr Alexander Henderson’s Transportation
        from Leuchars to Edinburgh, p. 182.
    Session 22, Processes against Ministers, Supplication of Town of
        Edinburgh relative to Transportation of Mr Alexander Henderson
        to that City, p. 183.
    Session 23, Commissions appointed, p. 183;
      Committee appointed for Church Extension in Corspairne, p. 184.
    Session 24, Kirk of Corspairne, Supplication relative to Mr David
        Dick’s Transportation to Glasgow, p. 184;
      referred to a Committee, p. 185;
      Market Days on Mondays and Saturdays, p. 185;
      Moderator’s Remarks relative to form of Repentance of pretended
        Prelates, Transportation, Book containing Acts of Assembly, Case
        of Incest, Supplication from Parish of Cardonald for an
        additional Kirk, p. 185;
      Supplications from St Andrews and Edinburgh, relative to
        Transportation of Mr Alexander Henderson considered, the
        Assembly ordains him to be Minister at Edinburgh, Salmon-fishing
        on Sabbath, proposed change of Monday’s Market Days to
        Wednesdays, Committee appointed on Overtures to Parliament,
        p. 186.
    Session 26, Moderator proposes Supplication to his Majesty craving
        Approbation of the Assembly’s proceedings, additional Clause to
        the Covenant, Privy Council’s Act declaring the sense in which
        they had subscribed the Confession, Supplication relative to
        Transportation of Mr Andrew Cant referred to a Committee,
        Process relative to Mr Robert Hamilton, discussion on Civil
        Powers and Places of Kirkmen, p. 187;
      Discussion relative to Ruling Elders, p. 189;
      Assembly approves of that Order, p. 189.
    Session ult., an old Act renewed against Sabbath Fishing, the
        Moderator suggests that Presbyteries should have extracts of
        the Acts passed, Acts anent subscribing the Covenant approved,
        a Day of Thanksgiving ordered, Presbyteries ordained to proceed
        against Subscribers of the Declinator, next Assembly fixed
        conditionally, Mr Robert Blair ordained to be Transported to
        St Andrews, Supplication for Mr Samuel Rutherfurd’s
        Transportation to be Professor of Divinity in the new College
        of Aberdeen referred to the Commission, the Moderator’s Speech
        before the Dissolution of the Assembly, p. 189;
      Exhortation by Mr David Dick, p. 191;
      by Mr Andrew Ramsay, p. 192;
      Lord Argyle, being called on by the Moderator, then addresses the
        Assembly, p. 192;
      the Moderator replies, and the Assembly is dissolved,
        _note_ on Stevenson’s Account of Henderson’s concluding words,
        p. 193.

  Report of Proceedings of Assembly at Edinburgh, 1639, p. 238;
    Mr Alexander Henderson’s Sermon, p. 238.
    Session 1, Speech at the commencement of Proceedings, p. 241.
    Session 2, King’s Commission read, p. 241;
      Moderator chosen, Mr David Dickson’s Speech, p. 243;
      Trial of Commissions, p. 243.
    Session 3, Commissioner craves delay, p. 244.
    Session 4, Commissioner’s Speech, p. 244;
      Grievances of Church stated by Moderator, p. 246.
    Session 5, Episcopacy proved unlawful with the Service Book, &c.,
        p. 249.
    Session 6, Commissioner’s Remarks, p. 250.
    Session 7, Committee appointed to frame an Act, declaring the
        nullity of pretended Assemblies, &c., p. 250.
    Session 8, Bishop of Orkney’s Submission, Act against pretended
        Assemblies, &c., passed, p. 251.
    Session 9, Bishop of Dunkeld’s Submission, p. 253.
    Session 10, Transportation of Mr David Dickson to Glasgow,
        p. 253;
      Commissioner desires a private Conference, p. 254.
    Session 11, Transportation of Mr J. Rutherfurd, p. 254.
    Session 12, Cases of deposed Ministers, p. 254.
    Session 13, Committees appointed, &c., p. 256.
    Session 14, Reports of Commissions with reference to deposed
        Ministers, p. 257.
    Session 15, Reports of Committees, p. 257.
    Session 16, Discussion on large Declaration by the King, p. 257;
      Committee appointed to view the Book, p. 258.
    Session 17, Reports of Committees on Processes against Ministers,
        p. 258.
    Sessions 18 and 19, Reports of Committees continued, p. 260, 261.
    Session 20, Motion to authorise the Covenant, p. 262;
      King’s Patronage, p. 263.
    Session 21, Discussion respecting the Covenant, p. 264.
    Session 22, Commissioner accounts for the long continuance of the
        Assembly, p. 264.
    Session 23, Routine business, Assembly’s Supplication for
        subscribing the Covenant, p. 265;
      Report of Committee on Large Declaration, p. 265;
      Assembly’s Judgment concerning the Manifesto, p. 268;
      Order anent Innovation, Commissioner’s Declaration on subscribing
        the Covenant, p. 268;
      Moderator exhorts Assembly to call to mind old Acts anent
        Conversation of Ministers, Commissioner states that the Covenant
        with the Assembly’s Explanation had been approved by Act of
        Council, and subscribes Assembly’s Declaration, p. 269, 270.
    Session ult., Large Declaration, Assembly’s Overtures to Parliament,
        the Moderator’s Speech on closing Assembly, p. 270.

  Representation of Ministers to Assembly 1651, 631

  Ross, Bishop of, Letters to Hamilton, 73, 111

  Ross and Brechin, Letter of Bishops of, to Hamilton, 106

  Rothes, Lord, reference to his MS. Relation, p. 7;
    Letter to P. Leslie, Aberdeen, p. 76;
    Letter to Hamilton, p. 219;
    speeches in Assembly (_see Report of
      Proceedings_;) Letter to Earl of Pembroke, p. 280;
      and reply, 281

  Roxburghe, Earl of, Charles I. recommends him to confidence of
      Council, 57


  Safe-conduct, Scotts desire and draught of, 227

  Service Book, (see _Liturgy,)_ act of Privy Council anent, p. 50;
    his Majesty’s missive warranting the act, p. 50;
    Acts of Privy Council anent, p. 51, 52;
    Clergy’s report anent, p. 52;
    Petitions against, from men, women, children, and servants of
      Edinburgh, and from noblemen, gentry, ministers, burgesses, and
      commons, 56

  Stirling, proclamation at, 59

  Strafford, Lord, Letter to Hamilton from, 302

  Supplication of Noblemen, &c., to the King’s Commissioner, vindicating
      the Covenant, 70


  Tables constituted by Nobles, Clergy, Gentry, and Burghs, p. 8;
    frame the National Covenant, 8

  Tables, Notice from, to Members of Assembly, 99

  Traquair, Lord, intercedes for Lord Balmerino, p. 4;
    letters to Hamilton, p. 54, 122;
    appointed Commissioner, p. 203;
    his instructions as Commissioner, p. 232;
    declarations as Commissioner, 235

  Treaty, Heads of, suggested by Hamilton, 220

  Treaty of King with subjects in Scotland, some heads of, 230

  Tulchan Bishops, 248

  Turner, Sir James, Extract from his Memoirs, 569


  Vane, Sir Harry, letter to Hamilton from, 225

  Verney, Sir E., his Memento of Answer from Scotch Noblemen, and the
      King’s Answer, 226


  Walker, Sir Edward, Excerpts from his Historical Discourses, 622

  Warning of Assembly, 1647, 489

  Wodrow, Extracts from, 626


THE END.


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