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diff --git a/old/63127-0.txt b/old/63127-0.txt deleted file mode 100644 index 5fec7f7..0000000 --- a/old/63127-0.txt +++ /dev/null @@ -1,83436 +0,0 @@ -Project Gutenberg's Records of the Kirk of Scotland, by Alexander Peterkin - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -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 - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK RECORDS OF THE KIRK OF SCOTLAND *** - - - - -Produced by Jordan and the Online Distributed Proofreading -Team at https://www.pgdp.net - - - - - - -Transcriber’s Notes:— - -Italic text has been marked _thus_. - -Bold and Blackletter text has been marked =thus=. - -The original accentuation, spelling, punctuation and hyphenation has -been retained, except for apparent printer’s errors. - - - - - 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 - - Miscellaneous Historical Documents Relative to the Ecclesiastical - and Political Events in Scotland, 1633-1638.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. - - - EDINBURGH: - Printed at the STEAM-PRESS of PETER BROWN, 19, St James’ Square. - - - - - -End of the Project Gutenberg EBook of Records of the Kirk of Scotland, by -Alexander Peterkin - -*** END OF THIS PROJECT GUTENBERG EBOOK RECORDS OF THE KIRK OF SCOTLAND *** - -***** This file should be named 63127-0.txt or 63127-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/6/3/1/2/63127/ - -Produced by Jordan and the Online Distributed Proofreading -Team at https://www.pgdp.net - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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