Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. (part 4 of 10)

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. (part 4 of 10)

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.

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