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 5 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 5 of 10)

Mr John Lindsey at Carstaires, compeering personallie, presented a Supplication to the Assemblie, acknowledging his forward following the course of conformitie, craved pardon of the Assemblie, and sought re-entrie to the Ministrie, in respect it was the humble petition of his parochiners to have him restoired to them againe, and promised obedience to the Constitutions of the Assembly. The brethren of his Presbytrie testified that he was a violent prosecutor of the course of conformitie, and urging his people thereto; that he was contumacious, disobedient to his Presbytrie, railer against his brethren, and hes declyned their judgment and the Assembly both; that he would not come to the Synod where he was cited, alleadging his want of health and strength, but anon, thereafter, found health and strength to goe into the English army.

After much agitation to and fro, the Commissioners Grace pleading for him, and his owne brethren testifying against him, the Assembly ordained these persones following, to conferre and try the soundnes of his repentance and his judgement in doctrinall poyntes: Mr Alexʳ Somervell, Richard Inglis, George Young, Mathow Brisbane, Andro Ramsay, Robert Douglas, Hary Rollock, Andro Cant.

Mr James Hamilton, who hes beene these 52 yeares actuall Minister, being deposed for declyning of the Assemblie; upon his humble Supplication and Confession, declaired capable of the Ministrie.

Mr John Hamilton of Dalserff, his Supplication delayed till the morne.

Mr Wᵐ Ogstounes referred to the Commission that was to be appointed.

The Commissioners Grace presented a paper in name of Mr Robert Hamiltoun of Lesmahagow, wherein there was not the least word of his repentance or submission, but rather a maintaining of his errours, especiallie Arminianisme, and in substance a declyning of this Assemblie.

The Moderatour desired Mr John Adamsone, Mr James Bonar, Mr John Row, Mr Andro Cant, to give their judgement of this man. They all in ane voice declaired he was worthie of excomunication in this Assemblie; nevertheless, the Assemblie, to show their moderation and willingness to gaine the man from his errours, did appoynt Mr Samuell Rutherford and Mr Robert Baillie to conferre with him and report against the morne.

Upon occasion of the erroneous doctrine defended by these Ministers, there was a motion made by Mr Alexʳ Hendersone, That it was expedient that there were a positive confession drawen up, and these errours related therein and expresslie condemned by the Church, and the doctrine of the Church of Scotland cleared, that none heirafter pretend ignorance of them, and that this grave worke were recommended to such and such men; the which motion the whole Assemblie did applaud.

Sir Robert Edwards Supplication referred back to the Presbitrie.

The Supplication of the Presbitrie of Skye, not being joyned to any provinciall, and of the parochiners of the North Isles, for erection of ane provinciall amongst them, delayed till all the interest be heard.

The Bill for the change of the Presbitrie seat of Mewres, referred back to the Presbitrie.

Sir Alexʳ Carnegie of Bonnymoone having built a Church upon his oune expenses, did supplicat that it might be decerned to be a distinct paroche.

As lykewayes a Supplication of Duncan Campbell of Glenlyon to the same effect, referred to the Parliament.

Mr James Scotts Supplication referred to the Commission.

Walter Macaulay, of Ardincaple, his Supplication for the distinguish of two paroches lying promiscuouslie through other, referred to the Presbitrie of Dumbarton.

The Supplication of the Chanrie of Ross referred to the Parliament.

Mr James Sandilands, canonist, his Supplication being againe presented to the Assemblie, and many pressing arguments why the ffacultie could not be abolished, used by the said Mr James, which gave great light to the Assemblie, the Assemblie appoynted Mʳˢ John Adamsone, David Lindsey, James Bonar, Doctor Strang, to consider of it till the morrow, and then to give their best overtures in writt.

The Supplication of Mʳˢ Alexander Schrogie, William Leslie, ___________ Lindsey, referred to the Commission.

The Supplication of Alexʳ Gordoun, of Knockgray, in name of the Parochiners of Carffairne, for a contribution for a stipend to the said Kirk built be the said Paroche, according to the Act of the Assemblie at Glasgow, Decʳ 16.

The Assembly recommends the same de novo to the charitie of the bounds then designed for that contribution.

Mr Alexʳ Callender, Minister at Denna, in Stertoun, a pendicle of Falkirk, and supplicat that it might be established as a distinct Kirk, referred to the Parliament.

The Parochiners of Ardinlach and Edenkillie being under ane ministrie, and far distant, did supplicat for a disunion—Fiat ut petitur.

The Assemblie craves warrand of transportation to Mr Alexʳ Pearsone.

A Complaint of some of the Parochiners of Bathgait, upon their Minister, for leaving of preaching in the ordinarie Kirk thereof, and preaching in a Kirk new built, in a myle distant from it, not commodious for holding the congregation, referred to the Synod.

The Committie for the Overtures being desired to report their diligence, gave in these following—(Hic decst.)

Earle of Eglintounes Supplication for erection of ane Kirk between Beith and Lochunnoch, referred to the Commissions for the Parliament.

The 4 Committies for the deposed Ministers, appoynted to meit tomorrow, at 7 a clocke, to try their repentance, and to hear their just defences, and report to the Assembly.

* * * * *

Sessio 20.—August 28, Wednesday.

The Assemblies Motion for authorizing the Covenant, by way of new Swearing and Subscriving thereto by the whole Kingdome.

After in calling upon the name of God, the Moderatour said—Please your Grace: The tyme now drawes schort; and your Grace, we trust, considers that there are some weightie poyntes of greater consequence and moment nor we have handlit, that are yet to be done, and this a speciall ane. We are longing to have your Grace with us in the Covenant, and all others in the kingdome; that, as we are under ane religion and kingdome, [we] may all be under ane Covenant and band. And this I know, the whole Assemblie is longing for it.

The Commissioner answered—Truelie, that particular hath beine so much in agitatione this tyme past that if I should not expect something to be spocken of it in this Assemblie, I should be much to blame. I believe yesternight was the first occasion of discourse that I had upon it; and truelie I think it a matter of great consequence; and as it is a bussines which I cannot say but ye have reason to presse as that which may make a happie conclusion of all this bussines; so, on the other pairt, it being made up of two bodies—the Confession and Band—in either of both there is so much, that, if I desire to be weill advysed in it, I hope I shall offend none.

I will not rype up the mistakes that hath beine; for I believe, whatever differences there hes beine about it, they have beine about mistakes. Yet this much I may say for the Confession of Faith itselfe—The ground of it proceeds from the year 1580, 1581, and renewed sundrie tymes since. It seemes that, by the progresse of tyme, there hath beine some thing which hath intervened, that gave the Kirk of Scotland occasion to thinke it necessar to explain it in some thinges, and to find that some thinges were excluded by it that is not particularlie expresst in it. And now it hath pleased God to move our Kings Majestie to indict this Assemblie, and hath given me warrand, whatever exposition this Assemblie shall find that Confession to beare, and likewayes whatever is found by this Assemblie to be excluded by that Confession, I, in my Masters name, shall consent unto it; and now, if there be any mistake, it is upon that pairt of the Covenant which makes up the Band.

Now, for the Confession itselfe I have no scruple, neither as it was literallie sett downe, nor as it is now explained. For the Band, it may be, if in forme and matter some thinges were rightlie understood, soveraignitie will receave satisfaction.

The Moderatour answered—We have still bein and are able to give satisfaction in all thinges that might impaire the due estimation of good and loyall subjects. As for the Band, we thinke it so well conceaved, that, were it to doe over againe, we could not light upon such happie expressions. Nevertheless, we are content that your Grace call for whom ye please to receave farther satisfaction.

The Commissioner said—Whatever debates there hes beine betweene me and this Assemblie since our meeting, I hope [these] shall take a friendlie conclusion. I believe there hes bein none except in that particular anent the deposed ministers; and, for that, I hope to receave a charitable answer, since it is my Masters speciall command so to doe; and duetie oblisses me, since my Master conceaves most of them suffers for his cause; and so, what debates hes bein, the conclusion is good. You have taken your way, which is agrieable to the constitutions of this Kirke; and I believe with that respect to my Master what favour shall be granted to them upon their Supplications.

But for the particular—there is so much done in it by this Assemblie, that, for myselfe, I have no doubts of the Confession of Faith itselfe, or of the explanation that is made upon it; that if there be any scruple, or shadow of scruple, it is concerning the said Band.

The Moderatour answered—We are very readie to remove these shadowes, and to give your Grace satisfaction.

Upon a Supplication of the new Colledge of Sᵗ Androwes, that, according to the Act of Assemblie at Edinburgh, October 9, 1582, Sess. 10, Commissioners would be appoynted for visitation thereof, to concurre with the Commissioner from the Parliament, for examining the foundation thereof—establishing necessar Professours of Divinitie, provyding competent meanes. The Assemblie find this desyre most reasonable; and, therefore, did grant Commission to Earles of Rothes, Montrois, Cassiles, Lowthiane, Lindsey, Burlie, Balcarras; Ministers—Mʳˢ Alexander Hendersone, Andro Cant, Robert Blair, William Scott, David Dalgleische, James Bruce, Andro Fleck, Frederick Carmichaell, for that effect.

It is observed, that there was a clause in this Supplication, that the foresaid Colledge might have libertie to call for any man to be Professour therein. It was excepted against by the Colledges of Glasgow and Edinburgh; and much contestation being like to arise, the motion was put to voicing, Whither their Supplications be grantit simplie or conditionallie? And, by the greatest parte of the voices, it was granted but conditionallie.

The Supplication of the Colledge of Glasgow to that same effect. The Assemblie fand it necessar to be grantit next, and after Sᵗ Androwes, and without prejudice to them; and, therefore, did nominat, Earles Argyle, &c.; Ministers—Mr James Bonar, &c.; Burgesses—Provost of Stirling, &c., to meet the first Tuesday of October.

The Supplicatione of the Towne of Edinburgh, containing a leete of ministers for planting of their Kirkes at the desire of the Assemblie, they were content to passe from them all, except Mr James Hamilton. After reading of the said Mr James his reasons, the matter being put to voiceing, the said Mr James, by the greater parte of the voices, decerned to stay in Dumfries.

These that were appoynted to conferre with Mr Joⁿ Lindsey, were desired to give in their reports. They answered that he gave full satisfaction to their contentment, and did heavilie regreat his former wayes—was willing to submitt himselfe to the constitutiones of the Kirk; and, therefore, they thought it fitt that the Assemblie should declair him capable of the ministrie; and upon his satisfaction at his Presbitrie and Paroche, and declaration of his repentance, then he might be reponed to a flocke.

Mr John Lindsey, compeiring, said—I professse in the presence of the Commissioners Grace and this Assemblie, that I am heartilie grieved that ever I should have offended Nobleman, Minister, or any other; and that I myselfe should have bein the caus of it. And I confesse I was too violent in that course of conformitie, and now have gotten satisfaction of my scruples. I doe submitt myselfe to the determination of this Assemblie—yea, and to all these to whom I have failed. The Assemblie declaired him capable of the Ministrie, and approves the Report of the Committie.

Anent Mr James Hamilton, Minister at Cambusnethan, the Committie reported that he was a young man of good behaviour, and welbeloved of his paroche, and guiltie of nothing directlie but the subscryving of the Declinatour; and, therefore, it was their judgement he might be dealt with as Mr John Lindsey.

The said Mr James compearand, confessed that he had wranged and offended his Mother Kirk, and humblie desired to be receaved in her favour.

The Assemblie did heartille receave him, and declaired him capable of the Mlnisterie.

The same report was made for Mr Wᵐ Forbes, who humblie confessing his faults before the Assemblie, got the same favour.

The Committie reported that Mr John Hamilton was also truelie penitent, but it was [thought] he should give his tryell of new. The Assemblie refers him back to to the Presbitrie.

Mr Robert Hamilton, of Lismahagow, compeired and said he was willing to subscryve the Cannons of the Synod of Dort, and to revoke all his Arminian tenets that he had mentioned; and, in speciall, he was sorrie for his rashe expressions in his paper given in yesterday to the Commissioners Grace, and was willing to submitt himselfe to the Assemblie.

The Moderatour said—This matter is not of so small consequence, that we should either cutt yow off from hopes of being receaved upon your repentance, nor that we slight the auctoritie of this Assemblie, so farr scuffed by yow yesternight, that we should suddenlie receave yow to the Ministrie who hes bein so lang obstinat and caried your selfe in such a proud maner.

Auldbar said—It is not four houres since he was converted.

The Assemblie referris him to the Synod of Glasgow.

The Commissioner said—I still urge that it is your best for these churches that are vacant, whereof our Master is Patron, to represent the case to him, and what yow doe in this, let it be by way of Supplication; and If I shall not both convey the same, and be a good instrument to obtaine your desire, I pray God I never thryve.

Upon occasion of this, my Lord Argyle said—When we consider the great divisions and distractiouns of this Kirk, we rejoyce to see this dayes worke, and your Grace sitting here to put order to all thinges in his Majesties name; and since we have enjoyed this by his Majesties graceous favour, I represent to your Grace and this Assembly, if it shall not be very incumbent to us to thinke upon some humble way how to testifie our heartie acknowledgement of this favour from his Majestie, and to rander his Majestie humble thankes therefore: to the which the Commissioners Grace and the whole Assemblie did applaud, and desired it might come in with the Overtures.

My Lord Lowdoun said—If it like your Grace, I shall be bold to desire ane thing may be added to the Overtures—and I know certainlie I have the applause of the whole Assemblie. Amongst uthers, imputations that have beene layd upon this Church and the government of it as it is now established, that Ministers will rashlie and misrespectivelie have preached of auctoritie, and, therefore, especiallie since the Kings Majestie thought by his haveing of the Bischops he had a readie way to censure and punische Ministers that should deboord in this kynd, least we should seeme to derogat any thing from the due respect acknowledged justlie to his Majesties Soveraignitie, it seemes expedient that the Assemblie should now testifie their respect to his Majestie by making of ane Act, that no Minister preache rashlie of anything concerning auctoritie, and an Act for censuring all such as shall transgresse.

The Commissioner answered—I believe there is none that heares your Lordships proposition, but they take it to come from a noble heart; and if I should thinke otherwayes, I were not worthie to sitt here. How farr the Constitutions of the Kirk will warrand yow to goe on in censuring such thinges I know not. But I believe you intend not to exclude the civile magistrat from punishing of such thinges.

The Moderatour answered—We are so farr from that, that we are content to be the first tryers of these thinges, that we may make schort worke for the civile magistrat.

The Commissioner said—I will not exclude Presbitries, Synods, &c., from censuring ecclesiastick persones: but I shall not be of the opinion of some that thinke that frae ance the goune and coull be putt on, they have no more adoe with the civile magistrat.

The Moderatour said—Farr be it from us to thinke so: that opinion is papisticall; but for ws, we make it a poynt of religion to be subject to our Prince.

Boneymoons Bill for erecting of a new Kirk distinct from the Kirk of Brechin, being read and the reasons of both being read, the Assembly grants the said Bonymoone his desire, without prejudice of any parties civile right, which they reserve to any judge competent.

Bruntilands Supplication delayed.

The Earle of Athols Supplication for dismembering of Glenlyon from the Church of Forthingall, remitt to the Commission from [for] the Parliament.

The Committie for the Billes ordained to referre or delay the rest of the Billes of lesse importance, and not trouble the Assemblie, for shortnes of tyme.

These that were appoynted yesterday to meit wᵗ the Commissioners Grace, desired to attend his Grace after the dissolving of the Assemblie, with Auldbarr, John Smith, and Mr Robert Barclay to attend with them.

The Committie for the Declaration appoynted, to give in their diligence the morne. The Assemblie to meit to morrow at 9 a clocke.

* * * * *

Sess. 21.—August 29, Thursday, hora nona.

After in calling upon the name of God, the Moderatour said—The Assemblie doth long greatlie to heare your Graces mynd concerning the mayne point that yet remaines, that we all, who are ane people in ane Kingdome, may be of ane heart in ane Covenant.

The Commissioner answered—We met yesterday about that purpose; and I hope we have made that happie progresse. We have considered of the Covenant, which is a great worke, wherein our Master conceaves our religion and his honour may concerne it; and if it be well thought upon, both the matter and forme is no lesse then may be expected from good subjects and good Christians. Having taken this to our consideration, being satisfied both for the matter and forme of it, and after many overtures how we might accommodat matters to the contentment of all, to wit, that we should follow a precedent of former tymes, that, as the Assemblie hath gone on in former tymes, sae we may now; and I trust this shall reconcile all.

The Commissioners Grace sought libertie to depart, to the end he might conferre with the Councell against the afternoone, of the best way how to accommodat the matter.

It was complained by some, that by the reason of the great tumult they could not heare the purpose.

The Moderatour, after he had exhorted them to order, quyetnes, and gravitie, said—The matter is anent the Covenant—that there may be a common course for the subscription of the same by all the subjects within this Kingdome, and that by ecclesiasticall and civill auctoritie. The way of the doing of this it’s thought fittest that it be the same that was used in the year 1590, wherein the Generall Assemblie sett downe the Confession of Faith with the Band, and gave in a Supplication to the Councell that they might joyne their civill sanction thereunto, and ordained the same to be subscryved by all the leidges; lykeas they by their ecclesiastick auctoritie, commanded the same to be subscryved under all ecclesiastick censure. The same course is now to be taken. This Assemblie is to supplicat his Majesties Commissioner and Councell, desiring them by Act of Councell to ratifie our Covenant, and enjoyne it upon all the subjects; and thereafter the Assembly themselves is injoyned under the ecclesiastick censures, and to supplicat the Parliament, that both their oune Act and the Act of Councell may be ratified there; and so there is no alteration to be of the Covenant, but the whole Covenant, totum compositum, to be subscryved; only this, the Commissioners Grace will adde a Declaration before his subscription, that the Kings Majestie having receaved satisfaction of his subjects that they intended nothing but the preservation of religion and mantainance of his auctoritie, therefore he subscryves; and the Counsell also, according to the declaration of the Assemblie, and his Grace is now gone to consider of this. The Moderatour desired some of the brethren to give their judgement of this course.

Mr Hary Rollock answered—I thinke all men that heares of it rejoyces at it, and I thinke it is as much as we could hope for: yea, we scarce expected such good newes as to heare that our Covenant should be confirmed by all sanction, civill and ecclesiasticall; and I thinke nane that hes heard it but they are sending up their heart secreatlie to praise the Lord for it.

Mr Andro Ramsay, Mr Andro Cant, and divers of the Brethren, spacke to the same effect.

Those that were appoynted for the Manifesto Booke [Large Declaration] were desired to goe presentlie foorth of the Assemblie, and prepaire their diligence against the afternoone.

Anent the Report of the Committie appointed to consider of the Decreit given out by the Commissioners of the last Assemblie, for Visitation of the Colledge of Aberdeene, concerning Mr James Sandilands: They fand that the intention of the Commissioners was only to discharge him to teache anything in the profession of the Canoun law which was not agrieable to our religion and profession, and therefore thought it meit that he should enjoy the said office, with the emoluments for his mantainance, but upon the foresaid condition.

The Supplications of Mr David Foules, Mr Hary Pearsone, Mr Robert MᶜLellane, being read: Becaus it was testified by these that were at the Synods where they were depoised, that there were many grosse thinges proven against them which they had not confessed in their Supplications; therefore remitts unto the Synod, conforme to the Act made yesterday.

Mr David Lindsey gave in above the number of 40 particular Billes, which the Committie had cognosced upon; referred, delayed, or granted as the Assemblie had given them direction yesterday; which are not neidfull heir to insert.

The Acts of the Assemblie ratified, against Salmond Fisching on the Sabboth, upon a Supplication of Johne Forbes of Leslie.

The Assemblie to meet at 2 a clocke in the afternoone.

* * * * *

Sess. 22.—Hora quarta.

After in calling upon the name of God, the Moderatour desired the Commissioners Grace to show to the Assemblie the cause of their so long stay, or command some other to doe it.

The Commissioner answered:—The reason of our so long stay and treatie all this tyme, is to draw this matter to a good conclusion; and now, blest be God, it is neare a poynt; for, as concerning the Covenant, we are agried both in the matter and forme, and there rests nothing but the drawing up of it in ane Act; and this is a matter of great weight, and I hope this Assembly shall thinke it a good conclusione to see this the last Act of the Assembly, tho’’ it take some tyme for the doing of it.

The Moderatour having repeated the Commissioner his speach to the Assemblie, did signifie to them, becaus this greate worke could not be endit this night, the Commissioners Grace had condiscendit to delay the ryding of the Parliament till Saterday, and the Assemblie to conveine againe tomorrow, and then to conclude.

A number of particular Billes were given in to the Assemblie, not needfull to be insert, such as the Supplications of Mr George Diserff [Sidserff?] Mr Thomas Carmichael, Mr Wᵐ Rollock, Mr Henry Pearsone, Mr Francis Harvie, Doctor Andro Lawmond, are [referred] to the Synods. Some uther particular Billes, anent the uniting or disuniting of Kirkes, or of Kirkes from Presbitries and Provincialls, referred to the Parliament.

A Bill, presented in name of the Laird of Kilcherron, being excommunicat by Mr James Bonar, for his contempt and railling against the Covenant, for his disobedience, supplicating for liberation from that sentence—referred to the Synod.

The Overtures read over againe.

Becaus the Members of the Assemblie desired to heare the Supplication that was to be given in to the Commissioner and Counsell, therefore it was thought good that the whole Assemblie should conveine at 8 a clocke, to heare the Supplication read, and the Commissioners Grace to come at 9, because he behooved to be in the Counsell.

Sess. 23.—August 30.

After prayer, there was some Billes given in, which were delivered to the Committie since they gave in their reportes.

A Bill from the Presbitrie of Lanerk anent the division of Kirkes, recommended to the Parliament.

Mr Wᵐ Livingstoun his Bill for a fellow-helper in the Ministrie at Lanerk, recommended to the Parliament.

Mr Robert MᶜClellane, at Zietaum, his Bill recommended to the Presbitrie of Kirkcudbright.

The Bill of Teviotdaill and Merse, against the profanation of the Lords Sabbath, granted.

The Bill of the Presbitrie of Haddingtoun, desiring the ratification of former Acts agᵗ the Salt Pannes upon the Sabbath day, granted.

The Assembly appoynted a Commission for drawing up of ane uniforme Cathechisme, and the order of familie exercise, and to reporte their diligence to the next Assemblie, to be there considered—viz., Mr Andro Ramsay, Alexʳ Hendersone, Robert Blair, Edward Wright, John Livingston, James Hamilton.

The Assemblie, considering that should it please God to conclude all matters in this Assemblie and Parliament, it were necessar there should be a solemne thanksgiving through all the land; that the whole bodie might rejoyce together, and the Kings Majestie might heare that this Kirk rejoyces under the sence of receaved favours; and, that they could not now appoynt the day, did give Commission to the Presbitrie of Edinburgh to advertise the whole Presbitries.

The Moderatour desired that the motion concerning the new Colledge of Sᵗ Androwes be intertained, and some expediences found out for promoving of that warke.

Mr Alexʳ Hendersone, Mr Robert Meldrum, Mr Robert Douglas, at the Moderatours desire, by many pressing arguments, did show the necessitie of provyding the Colledge well with Professours and competent means, without prejudice of any uther Colledge within the kingdome, because it was thought necessar that the Kings Majestie should receave thankes from this Assemblie, and that in a publict way.

The Committie for the Overtures did represent to the Assemblie that they should have a Commission to the Presbitrie of Edinburgh, and some uther adjacent Presbitries, with power to draw up a humble Supplication to his Majestie, acknowledging all his byegone favours bestowed upon this Kirk; to present the grievances of the Kirk, and everie member thereof; and to receive ane answer from his Majestie; and, likewise, in case of any exigencie, to acquaint his Majestie with the necessitie of holding an occasionall Assemblie. Becaus this motion was opposed by the Commissioners Grace when he came in, and another course taken to the satisfaction of the Assemblie, hereafter to be insert, [the motion was abandoned.]

The names of these that were appoynted to preach on the Sabbath. [Not given.]

A number of the Commissioners of the Assemblie, Noblemen, Ministers, Barrons, were appoynted to attend the Parliament, and there to represent the grievances of the Kirk, and to meit everie day at 6 in the morning for that effect.

Mr Alexʳ Hendersone was sent to the Councell house for the Supplication, that it might be read and considered by the Assembly before the Commissioner [came] in, the tenor whereof followeth:—

The Assemblies Supplication for Subscryving of the Covenant. [Vide p. 207 of these Records.]

The Committie appoynted for viewing of the Large Declaration having drawen up their diligence in 12 scheits of paper, for fear of marring the Assemblie, extracted furth, in two scheits, their maine and most materiall observations upon the said Booke, which they did represent unto the Assemblie, the tennour whereof followes:—

This Declaration of Doctor Balcanquel is, First, Dishonourable to God; 2ˡⁱᵉ, To the Kings Majestie; 3ˡⁱᵉ, To this Nationall Kirk; 4ˡⁱᵉ, It is stuffed full of Lies and Calumnies, which we make evident to the world by these reasons:—

First,—It is dishonourable to God:—

That albeit the Subscription of our Confession of Faith and Covenant was ane Act evidentlie tending to the glorie of God, besides the testimonies of our consciences thereanent, is now, praised be the Lord, againe acknowledged be this present Assemblie; notwithstanding, to the great dishonour of God and his true religion, as it is now professed in this kingdome, it is most impudentlie averred in this Large Declaration, that the subscription of our Covenant doth most evidentlie tend to the dishonour of God.—Pag. 20.

That the same Covenant is dung which was throwne upon the face of auctoritie—a lewd Covenant, with a seditious Band annexed thereto, so that everie religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front—Pag. 54.

That it is a wicked Covenant, or pretended Holy League, like to that of France.—Pag. 2.

That it is a spurious Covenant.—Pag. 125.

A rebellious Covenant.—Pag. 156.

That it is not far from blasphemie to say, that God, by the fire of his Spirit from Heaven, hath accepted thereof.—Pag. 178.

That it is a dangerous and fearfull approach to blasphemie to say that it was sealed from Heaven.—Pag. 179.

And that all Christians in the world who have heard of it doe acknowledge that no such Covenant came from Heaven but from Hell, from whence cometh all portion of schisme.—Pag. 161.

Secondlie,—Dishonourable to this Kirk:—

For although it hath beene the glorie of our Kirk among foraign nations, that with the veritie of doctrine received, the puritie of discipline according to the word of God, whereby all errour in doctrine, superstitione in worship, and tyrannie in government, and especiallie all Poperie, hath beine opposed and removed; and that, of late, we have laboured to recover that puritie by removing these offices and corruptions that have no warrant by the Word of God, and re-establishing these office-bearers that are warranted by the same; notwithstanding, to the great dishonour of this Kirk, [it] is affirmed in this Declaration that there is a great deformitie in our service—no forme of publict prayer, but preachers, readers, and ignorant schoollemasters, praying in the church, sometymes so ignorantlie as it was a shame to all religion to have the Majestie of God so barbarouslie spocken to; sometymes so seditiouslie, that their prayers were plaine lybellis goeing against soveraignitie and auctoritie, or hes bein stuffed with all the false reportes of the kingdome.—Pag. 16.

That we have taken such a course to undermynd and blow up the Reformed Religion, that if the conclave of Rome, the severall colledges perpetuallie sitting at Rome for contryving and effecting the meanes of reducing all kingdomes to the Romane obedience; nay, if with both these, all the Jesuites and their most especiallie combyned and sworne enemies to our profession, all assembled in ane place, and had all their witts and devices concentred in ane conclusion and resolution, they could hardlie have fallen upon for turning all men out of the pathes of religion reformed, or have settled upon such courses which can bespeake no uther event but the undoubted everthrow of it, at least in that kingdome, unles God from heaven (which we hope) have all their cobble webs, contextures, in derision; that our maximes are the same with the Jesuites; that our preachours sermons have beine delivered in the very phrase of Becanus, Scippeius, and Swarez; that the meanes which we have used to induce credite with our proselytes, are meirlie Jesuitical fables, false reportes, false prophets, pretended inspirations and divinations of the weaker sex, as if now Herod and Pylat were once againe reconceiled for the ruine of Christ and his true religion.—P. 3 and 4.

That out conclusions are quite contrarie to the Confessions of all Reformed Churches in particular, and of our Scottish Positive Confession, and that all the weapons wherewith we now fight against these Protestant Conclusions, are stolen or borrowed out of the most rigide Jesuit Magazens; to witt, that we are to be accompted not as friends to the Kings Majestie, but as foes; not as Protestants, but as the most rigide of Papists, Jesuits; and so being without in this poynt, not bring scandall upon the reformed religion, and those who are not with the same, especiallie considering we have gone about to wound the reformed religion through the Kings Majesties sydes—Pag. 4.

That Ruleing Elders were brought in, onlie out of a feare that rigide ministers designed for the Assemblie, might want a sufficient number of their fellow ministers for their elections in their severall Presbitries.—Page 189.

That Mr David Mitchell was processed and deposed, for doctrines uncontraverted and generallie receaved by all Protestant Churches in the world.—Pag. 206.

That the processe against the Bishops was pursued with such malice, injustice, falshood, and scandall, not only to the reformed religion in particular, but to the Christian religion in generall, as it cannot be paralelled by any precedent of injustice in precedent ages; and which, if it were knowen among Turkes, Pagans, or Infidells, would make them abhorre the Christian Religion, if they did thinke it would either countenance or could cousist with such abominable impietie and injustice.—Pag. 207.

That some used a notable trick of forgerie and Romish imposture, for advancing the worke of reformation, by working upon the weaknes of a young maid, and makeing choyse of her as a fitt instrument to abuse the people.—Pag. 226, 227.

That such was our blind obstinacie, that we scorned that any one should sitt in the Assemblie who ran not in our rebellious courses, as holding it a dis-reputation to abate any thing of our power or will, and we would be sure to clippe the winges of auctoritie.—Pag. 245.

That we should have everie mechanick artizan, being chosen a lay elder, to have equall power and state with his Majestie.—Pag. 246.

That the Kings Commissioner got certain intelligence of the Covenanters unmovable resolution, that altho’ the Assemblie should be continowed, and all things which they desire should be granted and effected, that the quyetnes and peace of this Kingdome should be never a whitt the more settled or established, but that they were determined to choose certain committies, who, under the name of Commissioners from the Generall Assembly, should keepe up their Tables, and be chosen and continowed from one Assemblie to another, and so hold on the same rebellious courses which they ever held, since the first erection of their Tables—to the overthrow of the Kings royall auctoritie, and the auctoritie of the Lords of Counsell and Session.—Pag. 269.

That under the name of Arminian tenets, many thinges in all the Reformed Churches were condemned in the Assemblie.—Pag. 317.

That the conclusions in the Assemblie tended to the sedition and rebellion, and the overthrow of the lawes both of Church and Kingdoms; and that many of them were false and foolishe positions.—Pag. 324.

That the Covenanters are the worst and most disloyall pack of the Kingdome.—P. 380.

* * * * *

Thirdlie,—Dishonourable to the Kingdome:—

For, although it hath beene the glorie of this Kingdome that it hath continowed in duetifull subjection and obedience for many ages under 107 Kings, and we have ever acknowledged our quyenes, stabilitie, and happines to depend upon the safetie of our graceous King, as upon Gods Vicegerent sett over us for mantenance of Religion and ministration of Justice—not having any intention to desire to attempt any thing that might turne to the diminution of the Kings honour and auctoritie;—notwithstanding, to the great dishonour of this Kingdome, it is affirmed in this Declaration, that, although the Marqueis of Hamiltoun, during his continowance among us, found that we gave him civill respects as Marqueis of Hamiltoun, yet his being clothed with the Kings auctoritie and Commission did much diminische them.—Pag. 86.

That the State of Scotland hath beene much of late discomposed and disconected by the seditious practices of divers, impatient of all lawes and government—Pag. 1.

That, by persisting [in] our tumultuous and rebellious courses, we doe demonstrat to the world our wearinesse of being governed by his Majestie and his Lawes, and our itching humour of having this Kingdome governed by a Table of our owne devysing—a monstrous birth, as the lyke hath not beene bredd in any kingdome, Christian, Jewish, or Pagan.—Pag. 2.

That we are like these of the bloudie League in France, who hoped that the verie name of Holy League would cause in the world a mistake of their meaning, and palliat their most wicked and unnaturall treasons for rooting out that lawfull Soveraignitie and the true Religion.—Pag. 44.

That we begunne the most unnaturall Councells and horrible rebellion that this or perhapes any other age in the world hath ever beine acquanted with—that we begin to invest ourselves with the supreme ensignes and markes of Majestie and Soveraignitie, by erecting publict tables of advice and counsell for ordering the effaires of the Kingdome without the Kings auctoritie, and by entering into a Covenant and most wicked band and combination against all opposers, not excepting the Kings oune persone, directlie against the Law of God, the Law of Nations, and the Municipall Lawes of this Kingdome.—Pag. 53, 54.

That these our meetings at our tables have beene accompted by wise men, rather stables of unrulie horses brocken louse, and pulling doune all they can reach, and throwing dung into the face of auctoritie.—Pag. 54.

That we suggested some alteration in religion to be made by the innovations, onlie to that end that the Kings Subjects might be keeped from returning to their obedience.—Pag. 152.

That the divilishe obstinacie and malice of our factious spirits found meanes to blindfold the peoples eyes, and so keepe them from discovering and acknowledging the Kings Grace and goodnes towards them.—Pag. 155, 156.

That it was our master peice to stoppe anything, though never so well lyked be ourselves, if it wer commanded by the Kings auctoritie, as fearing that if he had obedience In any one thing, the people might recover the tast of governement.—Pag. 193.

That the heads of the Covenanters were affrayed that any shew of obedience should be yielded to the King by his people in the least poynt.—Pag. 204.

That not so much as the least inclination to peace could be discovered in us.—Pag. 84.

That, above all things, they of the Covenanters table, were affrayed that the people should receave any satisfaction from his Majestie, or rest contented with the grace of his most reasonable proffers of favour.—Pag. 90.

That the Leaders of the Covenanters studied nothing more then to suppresse the Kings graceous intentions and favoures towards them—Pag. 91.

Fourthlie,—This Declaration is stuffed with a hudge number of Lies, in averring Untruthes besides the alreadie mentioned—for instance, as follows:—

That the Covenanters pretend religion, and intend nothing less then that: their courses are tumultuous and rebellious.—Pag. 2, et passim.

That our Covenant, by Papists, was receaved with infinit joy, as hopeing that the King and his successours might be brought to ditest that religion whose profest zelots had beene the author of such ane insufferable Covenant, which could not subsist with Monarchie—Pag. 74.

That, upon the removing of the Covenant, there was a suddaine and frequent arryvall of Priests and Jesuits from Doway, and other seminaries beyond the seas, in hope of their welcome to his Majestie.—Ibidem.

That our Covenant was receaved by the Protestants abroad with most offensive scandall, and infinit grieffe—namelie, at Charingtoune, Geneva, and other reformed churches in France—who were so scandalized with this prodigious Covenant, as that they were affrayed of nothing more then this, that It will bring ane indelable scandall upon the Reformed Churches, and alienat the mynds of all Christian Princes from ever entertaining a good thought of our religion.—P. 74.

That the Covenant was obtruded to all sortes of people with furie and madnes, with threatenings, tearing of clothes, drawing of blood, & cet.—Pag. 95.

That the seids of this sedition were sawen by the plotters of the Covenant, first, at the Kings Majesties revocation.—Pag. 6.

Secundlie, at the Commission of Surrenders.—Pag. 7.

Thirdlie, Upon the refusall of honours at the late Parliament.—Pag. 11.

That the finall alterations of the Service Booke urged upon us, in which it differeth from the English Service Booke, are such as might best comply with the mynds and dispositions of the subjects of this kingdome.—Pag. 18.

And that the same Service Booke was no different from the English in any materiall poynt.—Pag. 19.

That the heads of the Covenant had no sooner notice of the peaceable course intended by us, but they flew out in farr greater violence.—Pag. 79 and 113.

That the Proclamation, Julii 4, would have beene receaved by the people with humble and thankfull acknowledgment, if they had not beene not onelie diverted, but perverted by these men, who interpreted everie satisfaction of the subjects to be a divideing from themselves.—Pag, 92, 93.

That, in our Privat Meetings and Publict Sermonds, we have endeavoured to settle in the subjects mynds, opinions, feares, and jealousies quyte contrare to our printed asseverations—Pag. 107.

That the principall Covenanters, Noblemen, Gentlemen, and Ministers, protested to the Kings Commissioner, that their meaning was never to abolische Episcopall governments, but to have it limited, and censurable by the Generall Assemblie; and that they had farr rather live under it than under the tyrannie of Presbitries, which they have heard the Fathers complaine of, and bidd them bewarr of.—Pag. 114, 115.

That the heads of the Covenant had layd upon the King that aspersion that he intended to bring in Poperie, or, at least, to tollerat the same; becaus they believed it was the most powerfull meanes of alienating the mynds of the people from him, which they onlie intendit—Pag. 125, 126.

That the Marqueis of Hamilton presented to his Majestie not only the improbabilitie that ever the ring leaders of that rebellion would desist untill they had obtained their wicked ends, and that the only hope of peace was placed in dividing the people from them, by preferring unto the people such graceous favours as in all likeliehood they neither could nor would reject.—Pag. 126.

That laymen did not sitt in Presbitries 40 yeares before.—Pag. 132 and 191.

That it is unquestionablie true that Episcopacie may and doth consist with the Confession of Faith. Pag. 158 and 177.

That Archbishops and Bishops, September 1638, had and have still a settled office in the Kirk be Parliament, nay, and be Assemblie too.—Pag. 180.

That the Covenanters choose none to the Assemblie but such as they were sure would receave no satisfaction, and keepe all uthers from accepting any.—Pag. 188.

That the Covenanters laboured hard to persuade that none of these thinges promised in the proclamation—no, not the Assemblie itselfe—were ever intended to be performed by the King, but that he studied to deley tyme whill he were readie for their ruine—Pag. 195.

That they resolved to increase thir disorders to such a height, and to multiplie affronts upon the King and his auctoritie, as they imagined should be past all sufferance, that they might compasse their desyres of his Majesties Commissioner, either prorogation or discharging the Assemblie.—Pag. 195 and 228.

That the witnesses in Mr David Mitchells process being all laymen, wer men of such mean and ordinarie understanding, as that it was improbable, if not impossible, that they should understand the doctrines that he was charged with.—Pag. 206.

That the meeting at Edʳ was to agrie upon the conclusions to be made in the Assemblie.—Pag. 133 and 231.

That the two Covenanting Ministers of Edinburgh declairing to uther Covenanting Ministers that bemoned themselves, wondering that they would give way to the utter defaceing of the Church by these laick intrusions, that they grieved for it as much as themselves, but that they must winke at it, else the nobilitie, gentrie, and burrowes did threaten them with a desertion. That the Bookes of Discipline were penned by some privat men, but were never confirmed by Act of Parliament or Generall Assemblie.—Pag. 313.

That there is nothing in the Confession of this Kirk against the tenets of Arminius.

That we confessed the 4 Bookes of the Assemblie not to be originalls, but copies—Pag. 271.

* * * * *

Fyftlie,—Our intentions, wordes, and actiones, are miserable wreasted in this Declaration.

That our refuseing to except the King out of the number of persons against whom the Band of mutuall Maintainers was intendit demonstration that, in our intentions, he was the persone chiefly aymed at.—Pag. 106.

Whereas he could not be excepted, because our Mutuall Maintenance against all persones quhatsomever was in defence of Religion, the Kings persone, and auctoritie.

That our meaning in explication of the Covenant was, that we would continow the Kings obedient subjects if he would pairt from his soveraignitie, and that we would obey him if he would suffer us to command.—Pag. 115.

Whereas our true meaning therein was to cleare ourselves of the imputation of disloyaltie to our graceous Soveraigne; and whereas the Bill against the President and Clerk-Register was given in to crave justice upon them as offenders, yet it is affirmed that it was becaus we knew the Marqueis neither could nor would yield unto it, and that by his denyall we might have meanes to irritat, even to disgust the Kings graceous favours.—Pag. 93.

* * * * *

The Assemblies Judgment concerning the Manifesto.

After the reading whereof, the Moderatour desired some of the brethren to give their judgment of the said Booke.

Mr Andro Cant said—It is [so] full of grosse absurdities that I thinke hanging of the author should prevent all other censures.

The Moderatour answered—That punishment is not in the hands of Kirkmen.

The Shireff of Teviotdaill, being asked his judgment, said—Ye were offendit with a churchmans hard sentence alreadie; but, truelie, I could execute that sentence with all my heart, becaus it is more propper to me, and I am better acquainted with hanging.

My Lord Kirkcudbright said—It is a great pittie, that many honest men in Christendome, for writing little bookes called pamphlets, should want eares; and false knaves, for writing such volumes, should brooke heads.

The Assemblie, after serious consideration of the great dishonour to God, this church and kingdome, by the said Booke, did condescend upon a supplication to the Commissioners Grace, that the same might be represented to the Kings Majestie, that his Majestie might be pleased to call in all the said Bookes, and thereby shew his dislyke thereof; and next to give Commission to cite all such persones who are either knowne or suspected to be the authors thereof, or informers anent it; and in speciall, Doctor Balcanquell, who is knowne and professed to be the author, at least the owner of a great parte thereof; that, by their examplarie punishment, others may be deterred from such dangerous and seditious courses; the tennour of which Supplication followeth:—[Vide p. 206 of these Records.]

The Assemblie thought it expedient that some overtures might be advised upon for keeping order in the Assemblie in tyme comeing.

The Assemblie found it expedient, for the preventing of all Innovations which might impede this recovered reformation, that no dangerous motion, tending to the hurt of the Church, be proponed or concluded suddenlie in any Assemblie, Presbiteriall or Provinciall; but when any question shall arise in any inferiour judicatorie, it may be communicat to all others, agitat and disputed in Sessions, Presbitries and Synods, and so might be rypened for the Generall Assemblie: lykewayes, that nothing should come before the Generall Assemblie, but that which came by reference or by appellation, and which could not be discussed by another Inferiour Judicatorie: As also that no reference should be made but orderlie—viz., from Session to Presbitrie, from thence to Synods, and then to the Generall Assemblie.

The Commissioner being come in to the Assemblie, the Moderatour desired his Grace to show the Assemblie the Declaration wherewith his Grace was to subscryve the Covenant.

The Commissioner answered—For my Declaration [it] is verie short. It is nothing els but what I have declaired many a tyme since we mett here; for, as I told yow, when that Act, abolishing Episcopacie and the rest of these evilles, past heir, the 17 of this instant, I was to consent unto that Act in my Masters name, not as a thing that my Masters judgement and opinion willed him unto, but that his tender affection to our satisfaction moved him to assent unto it. Even so now, I am to make a short Declaration, least if my Master should subscryve simplie, he should condemne thinges that are allowed in the Kirk he lives in, and which his judgement assents unto. A king may be a king of divers kingdomes that are of divers religions: and we hope we will not say but he may doe that that may satisfie one of his dominions which will not satisfie another. And for my Declaration quherewith I subscryve the Covenant as the Kings Commissioner, and in his name, it shall not be obligatorie to any Scottis man to subscryve with declaration; neither shall any Scottis subject whatsoever shelter himselfe under it; but if he subscryve not with the Assemblies Declaration, shall be lyable to the censures of the Kirk, and so shall I myselfe be; for as Lord of Traquair I shall subscryve totum compositum, with all the rest of the subjects, even as Mr Archbald Johnstoune subscryves, which I believe is strict enough. And so the Commissioners Grace arose and sought libertie to goe to the Counsell, and the Assemblie to sitt still till he returned.

Thereafter the Supplication was sent in to the Commissioners Grace and Counsell, by the Earle of Argyle, Rothes, Lowdoun, Mr Alexʳ Hendersone, Keir, Provost of Irwing. In the interim the Moderatour exhorted the Assemblie, and speciallie the Ministrie, to call to mynd the old Acts of the Assembly, that were revised, anent the conversation and carriage of Ministers, that by their painfulnes upon their people, the fruites of the Gospell might appeare in the land, that all that lookes on may see that we intendit nothing but reformation; and in particular regrated heavilie the great slighting of the worke of examination, that it was become perfunctorie when it was left to a few dayes before the Communion, and there wished that there should be weeklie examinations, and desired that some of the brethren should speake their judgments.

Mr Robert Blair said—I remember at the last Assemblie that King James was at, holden at Holyrudhous, 1602 yeares, that there were instructions given for the visiting of severall congregations, and a number of questions that the Ministers are to be tryed in; and it is expresslie said there, that they shall be asked whether they have weeklie catechiseing through the year; and whill this be amended there is small hopes that people will be brought to the knowledge of religion.

Mr John Weymes said—It is to be regraited that most parte of Ministers scrufes the mater of catechizing, in making some stand up and repeat verballie words of the catechise upon the Sabboth afternoone, or some select tymes; quhereas some time should be spent everie weeke in teaching the catechetick doctrine.

Mr _____________ said—A great helpe to this were, that familie dueties were instantlie urged and pressed upon all masters of families, that they might take such paines on their children and servands, that when they presented them to us, they might tell us of what nature they were; and so long as familie duties, catechiseing of servands and children, and uther religious exercises, are neglected, our examination will have but a small life.

The Moderatour added—It is very pertinently spocken; for so long as devotion is slighted in privat houses, and masters of families makes not conscience of these that are under their charge, the examination of Ministers is but like threshing on the water, except it be supported by privat diligence.

Mr Thomas Ramsay said—In my judgment, a great helpe to this were to provyde understanding and well affected schoolmasters, who would use diligence and paines upon the people, and that competent meanes were allotted for their mantenance.

Mr John Row said—I thinke a great helpe of all this, were the carefull visitation of particular Kirks by Presbitries, which is greatlie neglected.

Mr George Lammer said—It is verie expedient that it be recorded and made ane Act in this Assemblie, that familie dueties be urged, especiallie catechising throughout all the Kingdome. To the which the whole Assemblie willinglie acquiesced.

Heir the Commissioners Grace returned to the Assemblie.

The Moderatour desired his Grace to bring foorth these good newes which the Assemblie hath bein long looking for.

The Commissioner answered—My Lords of Counsell with myselfe have receaved your Supplicatioun, desyreing that the Covenant, with the explanation of this Assemblie, may receave the force of ane Act of Counsell, to be subscryved by all the Subjects of this Kingdome; and we find your desire so fair and reasonable, that we conceave it our bounden duetie to grant the same, and thereupon have made an Act of Counsell to that effect. Now, there is a second Act to be expected in this Assemblie; and I am so fullie satisfied that I come now as his Majesties Commissioner to consent fullie unto it. I am willing that it be enacted here in this Assemblie, to oblidge all his Majesties Subjects to subscryve to the said Covenant with the said explanation: and becaus there is a third thing that was desired—in respect I am to subscryve with a declaration—that I should sett doune the same in write and show it to the Assemblie. As a Subject, I shall subscryve to the Declaration of the Assemblie as followes:—

“The Article of this Covenant which was at the first subscription referred to the determination of the Generall Assemblie, being now determined, and thereby the 5 Articles of Perth and governement of the Church and Bishops, the civill places and power of Churchmen, upon the reasons and grounds contained in the Acts of the Assemblie, declaired to be unlawfull, I subscrive according to the determination of the said free and lawfull Generall Assemblie.”

As his Majesties Commissioner, I shall subscrive to this Declaration:—

“Seeing this Assembly, according to the laudable forme and custome heretofore keeped in the like cases, doth in a humble and duetifull way supplicat to his Majesties Commissioner, and the Lords of his Majesties most honourable Privie Councell, that the Covenant, with the explanation of this Assemblie, might be subscryved; and, to that effect, that all the Subjects of the Kingdome, by Act of Counsell, be required to doe the same; and that therein, for vindicating themselves from all suspitions of disloyaltie, or derogating from the greatnes and auctoritie of our dread Soveraigne, have therewith added a clause, whereby this Covenant is declaired ane in substance with that which was subscryved by his Majesties father of blessed memorie 1580, 1581, 1583, and often since renewed: Therefore I, as his Majesties Commissioner, for the full satisfaction of the Subjects, and for settling a perfect peace in Church and Kingdome, doe, according to my first declaration and subscription, subscryve to the Act of this Assemblie of the dait the 17 of this instant, allow and consent to, that the Covenant be subscryved throughout all this Kingdome. And in witnes whereof I have subscrived thir premisses—Sic subscribitur,

“JOHN EARLE OF TRAQUAIR. Commissioner.”

* * * * *

The Commissioners Grace his Declaration prefixed before his Subscription [of] the Act of this Assemblie the 17th of this Instant. Sess. 8.

“I, John Earle of Traquair, his Majesties Commissioner in this present Assemblie, doe, in His Majesties name, declair, that, notwithstanding of his Majesties oune inclination, and manie other grave and weightie considerations, that such is His Majesties incomparable goodnes, that, for settleing the present distractions and giveing full satisfaction to the Subjects—doth allow, like as I, his Majesties Commissioner, doe consent to the forsaid Act, and have subscryved the premisses—Sic subscribitur,

“JOHN EARLE OF TRAQUAIR, Commissioner.”[236]

After the reading whereof, his Grace promised that the first thing should be done in Parliament, should be the ratification of all the whole premisses and Acts of Assemblie: at the hearing whereof, such unspeakable joy was wakened in the hearts of the whole Assemblie, that some could scairce containe themselves, but did expresse their incessant desires to acknowledge the God of Heaven with praises of King Charles, with his oune due acknowledgement for such undeserved and unexpected favours, with clapping of their hands, and crying “God save the King!”

The Commissioner said—Let everie Christiane hearte judge if this nation hes not great cause to pray for the prosperitie of the throne of King Charles.

The Moderatour said—It is incumbent to us having now gotten this Act of Councell and your Graces auctoritie, that we lykewise of this Assemblie, joyne our Ecclesiasticall sanction for the subscription of the Covenant, and renew (as it becomes us) the Ats for that effect, that we may be all one.

Then the rolles were called, and the whole Assemblie most unanimouslie, in one voice, with many expressions of joy among hands, did agrie according to the forsaid Act of Councell; and the Commissioner his Declaration, that the Covenant should be subscrived by all the subjects within this kingdome, under all Ecclesiasticall censure; and so after thanksgiving by the Moderatour, the Assemblie dismissed. To meit at 4 a clocke in the afternoone.

* * * * *

Sessio Ultima.—August Penultima—hora quarta.

After in calling upon the name of God, the Moderatour said—Please your Grace: the wrong fathered booke is perused, and is now to be considered by the Assemblie; and there is a Supplication in readinesse to be presented to your Grace, that the samen (as a matter that toutcheth his Majesties honour verie nearlie) may be represented to his Majestie.

The Commissioner answered—I have receaved the Supplication, and shall represent the same to his Majestie.

The Moderatour said—We cannot passe by your Grace and the Parliament, as two steppes whereby we mind to ascend to his Majestie.

The Commissioner said—I will receave it here, and he may take course to represent it to this Parliament. The Commissioner desired that the short tyme might be well spent.

The Moderatour answered—We are waiting for a Covenant, to the end your Grace may subscrive it.

The Commissioner answered—I must take a tyme to collation what I subscryve, and I shall doe it in als publict a way before the Estates in Parliament; for he must be tratour both to God and man that subscryves the Act which I have done alreadie, and will not subscrive the Covenant.

The Moderatour desired his Grace to heare the Overtures that were to be given in to the Parliament, as followes:—First, That the Acts of this Generall Assemblie be approven and ratified, and that all former Acts of Parliament, ratification, &c., (hic diest.) Ane overture, showing the necessitie of having a Commission at Edinburgh, with power from this Assemblie if neid require, and for frameing a humble Supplication to his Majestie, to thanke him for his late favours, to hear all humble grievances in Kirk affaires, to represent the same to his Majestie, and receave his Majesties graceous answer, and report all to the next Assemblie.

After much agitation betwixt the Commissioners Grace, the Earle of Rothes, Lord Lowdoun, and the Moderatour, it was condescendit upon that the Assemblie should grant the foresaid Commission to the Presbitrie of Edinʳ, upon condition they meet only upon their ordinary Presbitrie day.

The humble Supplication of our countrymen who travell in the neighbour kingdomes, prest with ane unlawfull oath, contrare to our Covenant subscryved be them, to be exeemed from the said oath, being willing to sweare the oath of alleadgeance, or to give any other declaration of their loyaltie to his Majestie which is compatible with our Confession and Covenant—recommended most humblie and earnestlie to the Parliament.

Mr Patrick Lindsey, his Supplication being read at the Commissioners desire, grants a conference to him, and referres the proces to the judge competent.

The Moderatour desired, that since the Assemblie had gotten the Commissioners auctoritie for subscryving of the Covenant with ane Act of Councell enjoying the same, that they might adde their Ecclesiastical sanction thereunto; whereto the Rolles being called, the whole Assemblie unanimouslie agried that ane Act should be framed to that effect; the tennour whereof followeth. [Vide p. 208 of these Records.]

The Moderatour asked if any man knew of any matter to be proponed before the closure of the Assemblie. It was answered there was no more to be done but the tyme and place of the next Generall Assemblie to be condescended upon.

The Assemblie, with consent of the Commissioners Grace, fand it expedient that the next Generall Assemblie should sitt at Aberdeene, the last Tuysday of Julii, [1640.]

* * * * *

The Moderatour his last Speach before the closure of the Assemblie.

This is the day which the Lord hath made; let us rejoyce and be glad in it: a glad day it is which we long looked for, and we are the most oblidged nation to our God and our King under the coppe of Heaven; and therefore our Lord ought highlie to be praised, and our King heartilie acknowledgit. First, our Lord ought to be praised, becaus in trueth he hath wrought wonders in our sight; for he hath declaired exceedinglie his mercie and his justice to Scotland. First, he hath declaired his justice; first, upon us Ministers; secondlie, upon yow of the State; thirdlie, upon our adversaries the Prelats. First upon us of the Ministrie. We studied not to be spiritual in our doctrine, and thought matters but small at the beginning, and therefore the Lord suffered men to make slaves of some of us, and tyrannize over the conscience of uthers. Secondlie, upon yow of the State. Ye looked through your fingers when Prelats were creeping up and miskend the matter, and the Lord suffered them to ryde over your necks: And never did any, (not a King excepted,) exalt a Minister above his station, but that Minister exalted Popedome over his bellie that exalted him. Thirdlie, justice upon our adversaries the Prelats. They would not be content of the title of Ministers but of Lords, and he hath taken both from them, and powred shame upon them withall. Thus hath the Lord manifested his justice, but in such a way that he hath also manifested his mercie in a wonderfull maner; first to our ministers, 2ˡⁱᵉ to the Kings Majestie, 3ˡⁱᵉ to the State.

First, he hath not given our souls over to death and delusion, nor suffered us to goe utterlie to defection, but hes in the midst brocken off all their plotts, who thought to have caused everie mans purse light in their lapp, and showen furth his justice on them. Secondlie, He hath manifested mercie to the King in keeping him from shedding innocent blood, which is no griefe to his Majestie this day; and this the Lord hath convayed in such a way as is wonderfull to Scotland, in blessing weake meanes, so as he would not have humane power seene; for there was never a steppe of our bussines but we were still put to a noneplus what to doe. Next, and when we knew not what to doe, then did the Lord come and poynt out the way before us, and did so leappie out our blessings to us, that whenever we got a little hope we gott feares upon the back upon it, to keipe us from being wantoun, and did so cogg the running of our wheeles that he made a considerable pairt of the Lords of Councell to stand aloofe from our bussines, which tempered all thinges in Gods providence (whatever men intendit) that it tendit all to our good. Thirdlie, He has manifested such great mercie and love to our State, as, when we marke the passages of it, it is wonderfull to sie a State troubled so long, and in a legall manner settled againe; a great wonder to sie such commotions and so few ill fruites following upon it; a great wonder to sie Scottsmen going through-other, and in such a sturre for the space of two years, and a peaceable conclusion. There is a wonder to sie Prelats bigg their nest up in Heaven, and call themselves the triumphant Kirk, and the Lord bringing them doune lower than the dust. There is a great wonder after many tumults and Assemblies, such a peaceable Assemblie as this; which is more to heare Prelats saying that King Charles should not brooke his crowne except they stood, and that it should fall with them, and yet to see King Charles brooke his crowne, and they to fall—a great wonder!

Now since the Lord hath done so, let his great name be exalted. Let all of us lay our hands on our mouths, for the Lord hath done it. He was provocked ten thousand tymes to cutt the warke in the midst, and yet hes beine pleased to draw it to this great lenth; therefore love the Son of God who hes taine power and glorie to himselfe, sittin downe on his throne, and purged his house; so that now there is no ordinances in this Kirk that we ken of but Christs. All we ministers are only servands, bound to give our accompt of all that we doe, and to show our letters from our Master, or else speire ye at us—Wherefore bidd ye us do that? Where is your Commission? For we have no power but as a messenger of armes, who must ay show his warrand. Would to God we knew our Masters bewtie, and the glorie of the Sone of God! Then would we all be affected with greater measure of love to him then we have beine, and will goe about his flocke, and bestirre ourselves more carefullie for their behoove then we have done. And any of us that gives ourselves out for Christs servands who gets meat and fie from him, declair it to the world by feeding of his flocke.

Now for the Kings Majestie: let us leave flatterie, and speake solide and soft words, such as beseemes a grave Assemblie: And, for this end, I will propone three things concerning the Kings Majestie, which doth enforce a favourable construction of his Majestie by us. Ane is his Majesties education. Had any of yow beine brought up as his Majestie, and never seene any uther thing, I trow ye should have stucken as hard by that cause as he. A second is the information of these that his Majestie trusted much into; for there is not a Prince in the world more accessible, nor giveth more in trust to these that he receaves in kyndnes and favour, which is a propertie of a verie good Prince. Now, when Bishops were Counsellors, of whom should his Majestie take counsell but of Churchmen and Counsellours both? Secondlie, consider this: Kings cannot understand all things in a Kingdome. They must trust some, and whom (thought he) should he trust but these that was most oblidged to him, had their being of him, and were created for that end? And yet, of all men in the world, they did him worst service.

The third is this—the manner of the Kings proceedings toward this land. His proceedings hes never beene as an enemie, but to try us and put us to proofe what we were seeking. When we did supplicat, he gart blow the trumpet, and discharge us all off the toune, to try if we would ceasse there; gart discharge us from all the judgment seats; and when we proceedit on, he thought he would essay us with our lyves; and so his Majestie came not in armes to destroy but to try us. Why? As soone as he had tryed us, and found that we were seeking nothing but religion, and were loyall in our hearts to him, presentlie his Majestie folded and layd doune armes. This I speake, that ye may wiselie prye in the matters of princes, and neither thinke, speake, nor write utherwayes then becomes yow, and not only temper your tongues in speaking of him, but love your Prince yourselfe, and procure all that yow can, love and obedience towards him of others. And trewlie, whoever knew him described, they would thinke him verie love-worthie. First, he is the most gentle-natured Prince; secondlie, the least suspitious; thirdlie, a Prince more readie to forgive faults when they are acknowledged; fourthlie, the most loath to take misinformation when it is given, then any Prince in the world; fifthlie, and which is ane odd thing, he hath not a face against reason. Bring reason to him and he will yield; and if these be not poynts of a lovelie Prince, judge ye. Sixthlie, and which is most of all, that he hes quate his aune inclination and education, and said to his Commissioner and this Assemblie, “Goe yee and doe as yee find Gods Word and the Constitutions of this Kirk warrands yow; goe your way; serve God according to his Word; and whatever yow conclude according to that rule, I shall authorize it.” Seventhlie, there is no Prince in the world so cleare of infirmities as he. These things being well considered, and withall, his Majestie being farr from us, and considering in what danger princes are in—subject to als many tentations as tries that are on a hill head, obnoxious to divers blasts and winde—and have need to be supported by the prayers of their people.

These thinges, I say, being well considered, will make all men construct favourable of his Majestie; and if we will rander that duetie of humble thankes and heartie prayers, who knowes but he shall be the most comfortable instrument for advancement of religion in the whole world; and this little distance that hes beine, may end in the sweetest reconciliation that ever was seene betweene a King and a People? And becaus we would give a right construction to all under his Majestie who have procured our good, I will ranke all these that ran not in the same course with us, to seeke the peace of the Kirk, in three rankes: First, some followed the Prelats, and being affected with Poperie, they knew no better hyding place then under the Prelats mantle. A second sort, that followed the erring judgement of the misinformed conscience; and these ought to be pittied of all that knowes them. A third sort are those who walked in a State way; and it is not the day nor yesterday that they have merite of us a favourable construction. It was evident they loved both the King and the State; for they divided themselves to have gained peace. When themselves were with the King, their soules were with us; and my Lords of Councell who have stayed with us at this tyme and countenanced our proceedings, ought also to have their aune thankes. And for your Grace, we thinke a large scoare is due to yow; for if God had not put your Grace upon this Act, there had beene many hard thoughts of yow, for we thought yow still over farr inclyning to the other syde of it. But its Gods mercie to yow, and count it no small favour, that yow are made the instrument to croune this worke in a maner. Lay it up in your heart and in your charter-kist as a most speciall obligation, to make yow imploy your excellent witt and all that yow have, for Christ, who lettis none that does fear him want their reward.

And we will not forget the Marqueis of Hamilton, who, according to report, hes loved our peace. Howsoever, he was ance in a passage, that if he had come any further, he might have hazarded soul and bodie both: Yet we will give him a favourable construction.

Now, there rests a word to every ane of yow, Commissioners and Members of the Court of our Lord Jesus Christ: for I compt this ane of the chiefest courts that Christ holds on earth. Elders, sett your hearts to assist the worke of the ministrie; for ye are officers to oversee the maners of everie ane within the Kirk, that they miscarie not, and to take notice what fruites of the Gospell are brought foorth. Ministers, be faithfull to your Master; and, above all thinges, love ane another, Stryve not ane with another; neither insult over those that have beine of a discrepant judgment from us, anent the matter of ceremonies and the governement of the Church; but let us make a perpetuall act of oblivion in all our memories of such thinges. Let us be glad together. Let us lay aside all disputes that have taken up much tyme which might have beine better spent; but we were necessitat unto it for clearing of ourselves and of our cause. And if thus ministers will doe, I will speake prophesie to yow: It shall come to passe that if yow will keepe yourselves at your booke and your chamber and studie, to be powerfull and spirituall in doctrine, ye shall have more credite nor if ye ran to Court ten thousand tymes. Your paroches shall travell to Edinʳ to plead for your stipend, whereas before they let you goe yourselves. Therefore wait upon your calling, and your Lord and Master shall have a care of yow. Let us be instant with our Lord to get his Spirit powred out upon us; for the word without the Spirit is but like a tinckling cymball. To him who will doe this, and who hes wrought, and will worke all our workes for us, be praise!

And so, after prayer by the Moderatour, and singing the 23 Psalme, and saying the blessing, the Assemblie depairted, joyfullie and glad for all the wonders that God had done for this Church and Land.

FINIS.

THE GENERAL ASSEMBLY, AT ABERDEEN, 1640.

After perusing the Reports which we have given of the proceedings in the Assemblies of 1638 and 1639, and the several relative documents therewith connected, our readers, we are convinced, will agree with us, that the mere Acts, as they are technically termed, of these and similar Assemblies, convey but a faint and feeble impression of the real character of those Conventions. They are but the dry bones, as it were, of our Ecclesiastical Constitutions. It is in the circumstances attendant on their enactment; the causes in which they originated; the muniments of the period, (sometimes public and frequently long concealed); the reasonings of the antagonist parties, and incidental outbreaks of individual feeling; and, more especially, in the dramatic movements of debate in popular assemblages—that we catch the true spirit by which the more formal enactments are re-awakened in the present age, and presented to the eye and the mind of a modern student with all the vividness and force of scenes passing daily around us.

We have now reached the Acts of the Assembly 1640; but, ere we proceed to that very limited portion of our undertaking, we must be permitted to take a review of the more prominent features of the Assembly in 1639, and of the events which intervened betwixt that and the subsequent meeting in 1640.

It will be recollected that, by the Treaty of 18th June 1639, it was stipulated that all matters ecclesiastical were agreed to be settled in a General Assembly, and matters civil in the Parliament and inferior judicatories established by law. Unhappily for the King and the Covenanters, this vague and general basis was soon found to be too narrow to bear the superstructure which each party intended to rear on it; and ere the parties had retired to their several homes, the seeds of future collision were sown. No dear and precise line of distinction was drawn in the treaty, betwixt what was to be deemed ecclesiastical and what civil; and in his warrant for the proclamation by which the Assembly and Parliament of 1639 were indicted, the King, on the 29th of June, directed that all “Archbishops, Bishops, and Commissioners of Kirks,” among others, entitled to place and voice therein, should attend, as Members of the Assembly, on the 12th of August following.

This, in the estimation of the Covenanters, was tantamount to a departure from the spirit of the treaty, in which nothing was said in plain terms as to the constituent Members of that Assembly. The Covenanters could not, as the King well knew, recognise Archbishops and Bishops as legitimate Members of a General Assembly of the Kirk of Scotland—the intrusion of them into the Church being all along stated as their chief and leading grievance, for the removal of which, and the oppressions thence resulting, they had taken up arms. Of this the King and his Counsellors were fully aware—and therefore his proclamation was truly the signal for a renewal of the agitations which had ostensibly been quelled. It was literally keeping his word of promise to the ear, but breaking it to the hopes of his Scottish subjects; and, accordingly, no sooner was the proclamation issued, than it was followed by the usual flood of protestations and manifestoes on all hands. No doubt Episcopacy was still the unrepealed law of Scotland, and the parties, by mutual consent, had agreed to wave all discussion as to the Assembly of 1638; yet, if the King honestly intended to leave Church matters proper, to the decision of a new General Assembly, to be afterwards considered and ratified in Parliament, he was bound to have informed the Covenanters explicitly, that the Assembly of 1639 was not to consist (as they necessarily understood) of Members chosen on the old Presbyterian platform, but of Prelates and Statesmen sent thither by virtue solely of the Royal prerogative, and who were not, in any intelligible sense, the representatives of the Scottish Church. In short, (as is proved by his correspondence with the fugitive Prelates, and other evidence,) his entering into the treaty of 18th June was a mere juggle, and his promise of a Free General Assembly a palpable fraud—his settled purpose being unquestionably to restore Prelacy whenever he could, and to render the deliberations of the promised Assembly altogether nugatory, with reference to the objects for which it was sought and agreed to.

Although the latent proofs of Charles’s duplicity were not known to the Covenanters, they found in the proclamation and other circumstances, sufficient reason for distrust; and their past experience, both of the King and his advisers, was sufficient to rouse their suspicions. Their vigilance and preparations continued unrelaxed; and so formidable was the tone of public feeling in Scotland, during the brief space which elapsed betwixt the date of the treaty and the meeting of the Assembly, that the King found it necessary to adopt a temporizing and most insidious policy. Traquair, a man of talent and consummate address, armed with the King’s secret instructions, came down to Scotland as Commissioner, and the Assembly met on the 12th of August.

It will be seen, from the foregoing report, that the Commissioner, although he hinted at some objections to Members of Assembly, stated none when called on; and thus and otherwise, he fully recognised, in the King’s name, the perfect lawfulness of the Assembly, and soon pledged himself to sanction, for his Sovereign, the Acts which it might pass, on all the vital points for which the Covenanters had so strenuously struggled—assented to the abolition of Episcopacy and all its obnoxious accompaniments in Scotland—and undertook to get these Acts ratified in Parliament. The suspicions of the Assembly were lulled by the speciousness of Traquair, (whom, however, we are not prepared to condemn so vehemently as has sometimes been done both by his coadjutors and antagonists;) and we have rarely perused the account of any scene, whether of real life or of skilful romance, with keener feelings than those excited by the detailed report of proceedings in the General Assembly on 17th August 1639. When the seemingly gracious intentions of the King were intimated by Traquair, there was a simultaneous burst of gratitude and confidence, and, in the highest sense of the words, of chivalrous loyalty. The stern men of the Covenant were melted into tears of high-minded and generous gladness. The venerable Patriarchs of the old Presbyterian Church, who had served at its unpolluted altars for half a century, and who had mourned its degradation in silent sorrow, or suffered captivity and oppressions from its temporary Lords, poured out their hearts in thanksgivings to God and the King, for these unlooked-for manifestations of royal grace and favour.

“Mr John Weymes, called on, could scarse get a word spocken for teares trickling doune along his gray haires, like droppes of rain or dew upon the toppe of the tender grasse; and yet withal, smyling for joy, said—I doe remember when the Kirk of Scotland had a beautifull face. I remember since there was a great power and life accompanying the ordinances of God, and a wonderfull worke of operation upon the hearts of people. This my eyes did see—a fearfull defection [followed] after, procured by our sinnes; and no more did I wishe, before my eyes were closed, but to have seene such a beautifull day, and that under the conduct and favour of our Kings Majestie. Blessed for ever more be our Lord and King, Jesus; and the blessing of God be upon his Majestie, and the Lord make us thankfull!”[237]

Such were the pathetic and touching strains in which the worthies of the olden Church received the announcement by Traquair, of the hollow and hypocritical message of which he was the herald. We do but justice to the memory of Traquair, when we give him credit for being moved by such testimonies of affectionate loyalty, and convinced that the system of dissimulation of which he was but the “echo,” was utterly impolitic and impracticable; and he acted his part with a talent and temper which we cannot but admire. He was indeed placed in “a false position,”” in which no man could have done at once what patriotism and honour prompted, and yet obeyed the master whom he served, or gratified the minions of his court. Had Charles but followed out the course which the sagacity of Traquair, and the circumstances in which he was placed, chalked out in the Assembly of 1639, we verily believe that the King might long have reigned in the hearts of a loyal people, and Traquair have been remembered as one of her patriots and best benefactors. But the infatuation which overruled these arrangements, led to other and very different consequences.

In viewing these transactions, however, justice must be done to the King as well as to the Covenanters; and there is no doubt that the latter, in some particulars, deviated from the spirit and avowed purposes of the treaty. That treaty was based on a spontaneous declaration by the Covenanters, that they would yield “all civil and temporal obedience” to the King, and that all they claimed was security for their “religion and liberties, according to the ecclesiastical and civil laws” of Scotland;[238] and the ambiguous terms of the treaty, when finally completed, just left the vexed question as open as it was before—What were the Ecclesiastical and what the Civil Laws of Scotland at the time? Charles held that Episcopacy was the form of Church Government settled both by the ecclesiastical and civil laws in force at the time; while the Covenanters looked back to the constitutions and enactments prior to the changes introduced by King James VI., and understood that these were to be assumed as the securities which they demanded; and hence, the treaty in fact amounted merely to a truce, which was soon destined to be broken.

The course adopted in these circumstances by Traquair and the leaders of the Covenant at the Assembly, had it been judiciously followed out, might have obviated all difficulties—viz., that the Assembly should, by a declaratory Act, indicate what the Church held to be its genuine ecclesiastical constitutions, to be afterwards submitted to and ratified by Parliament. And had nothing been done beyond their declaration as to the causes of the recent troubles, matters might have been satisfactorily adjusted. But this was not the case. Although it was clearly agreed on, that no reference should be made to the Acts of the Assembly 1638, and that nothing was to be founded on these, the Covenanters broke through this arrangement in one most essential particular—namely, with regard to the depositions and excommunications of Ministers which had taken place under its authority. Notwithstanding repeated warnings and remonstrances by Traquair, the Assembly entered upon a review of all the proceedings of the Commissions that had acted by authority of the preceding Assembly, which was virtually assuming and sanctioning the Acts of 1638; although, as stated by themselves, the King had declared he never would recognise or sanction the proceedings of that Assembly. By taking cognizance of these cases of deposition, &c., they in effect anticipated the decision of Parliament, with respect to their findings as to the constitutions of the Church, and thus inverted the proper order of procedure. They thus furnished, not merely a plausible, but a valid ground for the King to object to their whole proceedings; and although we acquit the single-hearted and zealous Presbyterian Clergy who concurred in this anomalous course, we cannot so readily forgive the Nobles and other laymen who were parties to the negociations, and who have left on record their own statements, that the Acts of the Assembly of 1638, were to be held as in a state of abeyance in that of the following year.

In this particular, therefore, it appears the Covenanters were clearly to blame, independently altogether of the unsound nature of the proceedings of the Commissions, and the venial accusations against many of the deposed Ministers, many of whom were constrained, by operating on their fears and other grovelling feelings, to acquiesce in decisions which they could not resist, and to profess submission, when in their hearts and consciences they could not be supposed, honestly, to yield it. It is impossible to read the details about some scores of these poor men, without pain and reprobation; and the vindictive spirit in which they were treated ought to be a warning, in all future times, against a rash submission to high pretensions in popular ecclesiastical courts. Many were deposed on very questionable grounds, and others were left for the administration of what was called “mercy,” on condition of renouncing all their previous convictions and professions, and their sense of allegiance to the monarch and statute law of the land. That some were unworthy may be admitted; but trial in their absence, upon nice points of metaphysical theology, and by means of evidence of very questionable credibility, is, to say the least of it, a characteristic of the Assembly of 1639, which reflects but little credit on its charity or its justice.

We must be permitted further to remark, that the soreness and ferocity which were indicated by that Assembly in reference to the “Large Declaration,” or Manifesto, afford but slender proofs of magnanimity or conscious rectitude. That work was known to be the production of Balcanquel; and, after a minute examination of it, an elaborate report on its mis-statements was read, when the following colloquy took place.[239]

“The Moderatour desired some of the brethren to give their judgment of the said Booke.

“Mr Andro Cant said—It is [so] full of grosse absurdities, that I thinke hanging of the author should prevent all other censures.

“The Moderatour answered—That punishment is not in the hands of Kirkmen.

“The Shireff of Teviotdaill [Douglas of Cavers], being asked his judgment, said—Ye were offendit with a churchmans hard sentence alreadie; but, truelie, I could execute that sentence with all my heart, becaus it is more propper to me, and I am better acquainted with hanging.

“My Lord Kirkcudbright said—It is a great pittie that many honest men in Christendome, for writing little bookes called pamphlets, should want eares; and false knaves, for writing such volumes, should brooke heads.”

These “random ebullitions” require no commentary; but in such manifestations of character we discover that spirit of fanatical intolerance, which at no distant period, involved the two British kingdoms in all the horrors of civil war—consigned their Sovereign to the block—rent the Church of Scotland into two ferocious factions, and finally subjected it to contumely and extinction at the hands of a canting usurper.

There is another point in these proceedings which must ever excite regret and reprehension—we mean that act by which they sought and obtained the Commissioner’s sanction, and that of the Privy Council, to a compulsory subscription to the Covenant. “This ordinance,” says Dr Cook, in his History of the Church of Scotland,[240] “so popular throughout the kingdom, was, in fact, an engine of severe persecution. It required, by authority, from all ranks of men, and particularly from those whose opinions were suspected, subscription to a number of propositions, about which multitudes must have been totally ignorant, and to maxims respecting ecclesiastical polity, which it is impossible to suppose were not condemned by numbers, who, having for many years lived in communion with an Episcopal Church, could not be persuaded that such a Church was unlawful. So long as signing the Covenant was a voluntary expression of attachment to a particular cause, much might have been said in its justification. But now, when it was required by an Act of Council and the Church, which it was dangerous to disobey—now that it could be forced by the zealots of a sect upon all whom they chose to harass—it must be abhorred as occasioning, to the conscientious part of the community, much wretchedness, and as calculated to diffuse that relaxation of principle which is the bitter fruit of every deviation from the tolerant spirit of pure religion.”

Concurring as we do most cordially in these just and enlightened views, we need only add, that no man will defend this blot in the escutcheon of the Covenanters, who would not, if he had the power, imitate their example.

Before finally taking leave of the Assembly of 1639, we cannot overlook the fact, that, in all the proceedings, either in it or in that of the preceding year, or in the voluminous details of grievances of which they complained, we can find no trace whatever of lay patronage being regarded or even mentioned as one of the number. It is equally remarkable, too, that both Henderson and Dickson repeatedly state the doctrine of the lawfulness of civil interference in matters ecclesiastical; and that the notions which, at a subsequent period, sprung up and distracted and divided the Church, as to the anti-scriptural nature of lay patronage, and about the independence and inherent power of an established Church, (established too on certain precise and definite terms), do not appear at that time to have been either agitated or even mooted. We merely note the circumstance as an historical fact, without at all entering on a controversy in the matter. But certainly the eager desire, manifested incessantly, for a ratification of the ecclesiastical constitutions by the civil authority, emphatically implied, that, without such sanction, these applicants did not regard their own Acts as sufficient to clothe them with complete authority.

The day after the Assembly dissolved, being the 30th of August 1639, the Parliament—which had been prorogued, from time to time, to the 31st of that month—convened, and was opened with all the state of the ancient “Ryding of Parliament.” A preliminary difficulty, however, occurred to its constitution, in consequence of the absence of the Prelates, who, by the subsisting laws and usages of Parliament, formed a component part of it. Prelacy had been abolished by an Act of Assembly, but that was not yet ratified by Parliament; and, in order to supply the place of the Bishops as one of the Estates, it was agreed that, for the present, the Commissioner should, in their stead, select eight of the Nobles to be among the Lords of the Articles; being a committee to digest all business for the consideration, and adoption, or rejection of the whole house. The Earl of Argyle entered a protestation that the present mode of choosing the Lords of the Articles should be no precedent for the future; and intimated in it an innovation on the future constitution of Parliament, by introducing a different mode of naming the Lords of the Articles from that which had heretofore obtained—namely, by excluding the nomination of the Crown or its Commissioner, and giving to the Lords, Barons, and Burgesses the nomination from their several bodies. This initial difficulty being overcome, the Commissioner, on the 6th of September, signed the Covenant—not as Commissioner, but as Treasurer; and on the same day a Bill for the ratification of the Act of Assembly 17th August, anent the bygone evils of the Church, and the Supplication against Dr Balcanquel, were passed in the Articles; while a Petition, presented by the Commissioner, in favour of the ousted Ministers, was refused; and a Bill for rescinding the Acts in favour of Episcopacy was handed to the Lord Advocate, to be revised: and all this passed amidst a profusion of protestations, which it is unnecessary to notice.

On the 11th of September, there was a warm debate on the proposal to bring down the vengeance of Parliament on Balcanquel and his “Large Declaration,” in which Traquair resisted it as offensive to the King, while Argyle and Rothes supported the vindictive Petition from the Assembly; but the Acts as to the constitution of Parliament, &c., made some advance; and Baillie, in a letter dated October 12, gives a very striking picture of the condition to which the contending parties had reduced themselves. “The affairs of our Parliament,” (says he, vol. i, p. 188,) “goes but this and that way, if we look to men; our estate is but yet wavering up and down in the scales of a very dubious event. Our main Acts are but scarce past the Articles. The Commissioner either threatens to rise, or to protest in the day of the riding, or to make declarations equivalent to protestations, or to deny the sceptre to our most substantial desires. To preveen this, we have been content to sit still, half-idle, thrice so long time as ever any Parliament in our land did continue, waiting till posts upon posts, running up and down, for carrying to us the Kings pleasure. It seems our enemies credit is not yet extinguished at Court. The Castle of Edinburgh is daily made stronger. From London, the other week, arrived at Dumbarton a great ship, with cannon and other munition, with an English captain, and divers English soldiers. Division is much laboured for in all our estate. They speak of too great prevailing with our Nobles. Hume evidently fallen off; Montrose not unlike to be ensnared with the fair promises of advancement; Marischal, Sutherland, and others, somewhat doubted; Sheriff of Teviotdale, and some of the Barons, inclining the Court-way. Divisions betwixt the merchants and Crafts of Edinburgh; and so, by consequence, of all the Burghs in Scotland, carefully fostered by our Commissioner; our prime Clergy like to fall foul upon the question of our new private meetings.”

In this state of distraction and doubt, matters continued—the views and sentiments of the King having been sufficiently indicated in his letters to Traquair, whose policy was, of course, guided by his Master’s orders. On the 24th of September, an Act for rescinding all the Acts in favour of Episcopacy was voted and passed in the Articles, under a protestation by the Commissioner against that or any others prejudicial to his Majesty’s authority; and the Act as to the constitution of the Parliament was also passed. While matters were thus agitated and protracted; the Parliament was continued on the 24th October till the 14th of November, when the Lord Advocate presented a royal warrant for proroguing it till the 2d of June 1640, the Covenanters entering their protestation.[241] Thus the King baffled all the hopes of the Covenanting party, of obtaining a ratification of their favourite ecclesiastical degrees—a result attributable, no doubt, in a great measure, to the extreme violence of some of their propositions, of which the King availed himself by stating, as the ground of adjournment, that various things had been propounded which trenched on his civil authority and government.[242]

This step could not fail to startle and exasperate the Covenanters, more especially as their deputies, (the Earl of Dunfermline and Lord Loudon,) who had been sent off to Court after the prorogation on 14th November, had been dismissed contemptuously, without ever being admitted to an audience of the King. When the King sent orders for the prorogation, which took place of that date, he also ordered Traquair up to London, to give an account personally of all the recent proceedings in Scotland. He was coldly received, in consequence of the concessions he had made, and his signing the Covenant. He was accused by the Covenanters of inciting the King to a new war, and is alleged to have made his peace by doing so; but, although this is stated by Burnet and others, we have never seen any evidence to substantiate the charge; and it is more probable that his best (as in truth it was his only) apology for the part he had acted, was, that he had no alternative but to yield to the dominant party, both in the Assembly and Scottish Parliament, or at once commit the King in open hostility with his northern subjects. Indeed, it seems utterly impossible that he, or any man, could have obeyed his instructions without at the same time outraging the whole policy and passions of the Covenanters, and precipitating another open revolt, before the King could have made any preparations to encounter its force. He had, however, obtained possession of a letter from the leaders of the Covenant, addressed to the King of France, soliciting protection and assistance—a document which, it appeared afterwards, had never been sent or perfected; and this document, as in duty bound, he produced to his Sovereign, as a proof of the treasonable purposes of the Covenanters. It is quite possible that, with such apparently good evidence in his possession, he might have represented to the King that nothing but force would curb the ambitious views of the Covenanting Nobles and Barons; but, in so doing, had it even been so, we cannot discover any rational ground for the inveterate hostility subsequently shewn to Traquair and Hamilton as incendiaries; for, whether the letter was or was not sent, it evinced the treasonable purpose which was cherished, of soliciting the assistance of a foreign potentate, for the accomplishment of their purposes; and both Traquair and Hamilton were bound, as loyal subjects, to make the fact known to the King, and to give him such advice as their opportunities of observation enabled them to afford.

Be this as it may, however, the Covenanters transmitted another petition to the King, by a person named Cuningham, requesting permission to send some of their number to Court to vindicate their proceedings. This the King granted, and Loudon and Dunfermline were again dispatched, on the 31st of January, for this purpose. On the 2d of March, (1640,) these Deputies got notice that the King would receive them next day in the Council Chamber; and, on that occasion, Loudon made an elaborate exposition of all the Scottish grievances, which, with the King’s counter Declaration, are too long for insertion in this work; but the curious reader will find them both embodied in Rushworth’s Collections.[243] Several other audiences were given, at the last of which (18th March) the King and Council declared that the Deputies had no sufficient authority to demand a ratification of the Acts of the preceding Assembly. On the 11th of April a warrant was given to Adams, one of the Sheriffs of London, to take Loudon into custody; and he was subsequently committed to the Tower, on a charge of high treason, for his participation in the letter above alluded to; and he was not liberated thence till the 27th of June following, upon certain conditions which were not very creditable to either of the parties.[244]

Of this transaction, there can, we think, be but one opinion among all honourable men. Whatever might be Loudon’s demerits as regarded the letter to the King of France, he went to England under the guarantee of a Royal protection; and he was not amenable to any tribunal in England, as a Scottish subject, for an imputed offence committed in Scotland. He pleaded this, and the acts of pacification and indemnity which had followed. It appeared, too, that the act of treason had never been consummated by transmission of the letter; and he offered himself for trial in Scotland. The King was saved the infamy of carrying his original purpose into execution by a trial in England, in consequence of the interposition of Hamilton, who represented the serious consequences which would ensue. But we must now turn to the movements in Scotland subsequently to the prorogation of its Parliament in November preceding.

The finances of the King having been exhausted by the useless parade on the Borders during the preceding summer, and a renewal of the war having been resolved on by his Majesty and “The Junto,” as it was termed, in whose advice he confided, (Canterbury, Strafford, Hamilton, and Morton,) Charles was constrained to have recourse to a Parliament in England. This was reluctantly adopted, as the only means by which the sinews of war could be provided—and was the first that had been called by the King during the space of twelve years, in the course of which he had managed to carry on a perilous system of government, by levying taxes in virtue of the prerogative, and other devices, which ultimately led to his ruin. A Parliament having been summoned in England, and the warlike purposes of the King having speedily been manifested, these things could not long escape the vigilance of the Scottish leaders; and a meeting of the Nobles, Gentry, and Ministers was summoned at Edinburgh on the 10th of March; when, with their wonted energy, they resolved to levy an army, to fortify all the strengths of which they could obtain possession, and to raise the requisite funds for the purpose, both by voluntary contributions and taxes; and such was the enthusiasm of the people, that plate, jewels, and whatever wealth a poor country could supply, were cheerfully poured into the coffers of the insurgents. The banner of “The Covenant” was once more unfurled, and the pulpits of the clergy again resounded with ardent exhortations to rally round it.

Meanwhile, the proceedings in England tended materially to promote the views of the Scottish leaders. Before the Parliament was assembled, the discontents of the English—which were mightily strengthened by the success of the Scottish insurrection of the previous summer—had attained a pitch of consistency and force, which was extremely favourable to their northern neighbours, who were further encouraged by a forged promise of support, apparently by some of the most influential English nobility. And the issue of the first Session of the English Parliament contributed powerfully to promote the cause of insurrection in Scotland—the discontents and movements in both kingdoms naturally acting and reacting on each other as incentives to resistance to the “kingly way” of government, which Charles endeavoured, so unfortunately for himself and his country, to carry on. The King had urgently pleaded for supplies from his English subjects to carry on the war against the Scotch, whom he represented as bent on the utter subversion of the monarchy. But the English House of Commons would not grant any supplies without a previous redress of their own grievances; and, finding them inflexible on this point, he had again recourse to his former practice of dissolving the Parliament, on the 13th of April.

The embarrassments of Charles, in consequence of this sturdy refusal of his English subjects to support him, were infinite; and, resorting to all his accustomed modes of raising men and money for the impending war, these were only aggravated by the means which he adopted to supply the want of subsidies. His army had been completely dislocated and disbanded; and many who had joined his standard the previous year, were now marshalled in the ranks of opposition; while the general dissatisfaction of the country, rendered all his exertions, and the voluntary contributions of those who still adhered to and supported him, altogether inadequate to the exigency of his affairs.

The Scottish leaders, when they dissolved their army in June 1639, had taken the precaution to secure the future services of the veteran officers whom they had employed on that occasion, should those services be required; and the troops, though dispersed in their several localities, were warned to be in readiness for another muster, perhaps at no remote period. When the tocsin was again sounded, therefore, the Scottish army was speedily re-organized under their old commander, Leslie; and it was already re-established in a condition fit for action, while the King was struggling hopelessly with his financial difficulties and the discontents of his English subjects.

The 2d of June, to which the Scottish Parliament had been prorogued, at length arrived; and although another commission for a further prorogation to July was sent down, some technical difficulty in communicating it to the States, furnished a reason for this not being done; and they readily availed themselves of what was really a quibble, to disregard the commission for adjournment, and declared themselves a lawful Parliament, in which they proceeded to enact into laws, all the Bills which had been introduced previous to the former prorogation. Ruthven, who commanded in Edinburgh Castle, and refused to surrender it, was forfeited, and a great Committee of Estates named, with sovereign authority to direct all matters civil and military. That Committee, as usual, opened diplomatic communications with the King through Lord Lanerick, the new Secretary for Scotland, to which it is needless to refer particularly, as these communications are given among the annexed documents; and, in short, the people of Scotland once more stood in an attitude of open hostility to their King.

While matters were in this position, and amidst general preparations for war, the 28th of July arrived, being the time appointed for the meeting of the General Assembly at Aberdeen. No Commissioner was appointed by the King; but, after waiting one day for a Commissioner, (should one have been named,) they proceeded, according to their own views of “the liberties of the Kirk,” to business; but did nothing that is worthy of remark at present. And here we pause in our introductory narrative, to be prosecuted with more spirit-stirring matter, when we reach the date at which it may be suitably resumed, postponing some of the earlier military operations, till we give them all in connection.

We shall, therefore, only further note that, previously to this meeting of Assembly, the seeds of disunion were sown in the Church by a miserable controversy among the Covenanters themselves, about private meetings for devotional purposes, which some of the leading men in the Church countenanced and others reprobated—a schism which was agitated at the Aberdeen Assembly, and at a future period increased, till the Presbyterian Church was divided into two furious factions, denouncing, excommunicating, and persecuting each other. For the nature and particulars of this schism, we refer to Baillie, in which these are given with his characteristic naivete and frankness.[245]

THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY CONVEENED AT ABERDENE, JULY 28, 1640.

Sess. II. 20. July 1640.

The Assembly having past the first day before they would make any Act in attending of His Majesties Commissioner.

This day the Moderator openly asked, in face of the Assembly, if there was any Commissioner come from His Majestie: And finding there was none, the Assembly proceeded according to their Liberties.

* * * * *

Overtures given in by the Committee appointed by the last Assembly anent the ordering of the Assembly-house: Which being read in audience of the Assembly, they approved the same.

I. The Assembly finds it expedient for the ordering of the House in all time coming, that the Commissioners sit together unmixt, and that the places where they sit be railed about, or some other way divided from the seats of others, and that places be provided without the bounds of the Commissioners seats to persons of respect, who are not Commissioners, and others according to their qualities, as the Magistrates of the Town shall find most convenient.

II. Also that the Commissioners, having received tickets from the Magistrates of the Burgh, at the delivery of their Commissions, wherby they may have ready accesse to the Assemblie-House and place appointed for them, do keep the hour of meeting precisely, and whosoever comes after the time, or shall be found absent at the calling of the Rols, to be censured as the Assemblie sees fitting: And whatsoever Presbyterie, Burgh, or Universitie, shall not send Commissioners, or Commissioners sent from them doe not come at all to the Assembly, be summond unto the next Assembly, and censured as the Assembly shall find reasonable.

III. That foure persons of respect have warrant from the Assembly to injoyne that there be no standing, no din, nor disorderly behaviour: And if any shall disobey them, or direct his speech to any, except to the Moderator, and that one at once with leave first asked and given, to be rebuked publikely by the Moderator: and if he desist not, be removed out of the Assembly for that Session.

IIII. That no motion come in unto the Assembly but by the Committee appointed for matters of that nature; and if the Committee refuse to answer the same, let it be proponed to the Assembly with the reasons thereof.

V. That the minutes of ilk Session be read before their rising, and if the matter concerne the whole Kirk, let it be drawn up in forme and read in the begining of the next ensuing Session, that the Assembly may judge whether or not it bee according to their minde.

* * * * *

Act anent the demolishing of Idolatrous Monuments.

Forasmuch as the Assembly is informed, that in divers places of this Kingdome, and specially in the North parts of the same, many Idolatrous Monuments, erected and made for Religious worship, are yet extant—Such as Crucifixes, Images of Christ, Mary, and Saints departed—ordaines the saids monuments to be taken down, demolished, and destroyed, and that with all convenient diligence: and that the care of this work shall be incumbent to the Presbyteries and Provinciall Assemblies within this Kingdome, and their Commissioners to report their diligence herein to the next Generall Assembly.

* * * * *

Act against Witches and Charmers.

The Assembly ordaines all Ministers within the Kingdome, carefully to take notice of Charmers, Witches, and all such abusers of the people, and to urge the Acts of Parliament, to be execute against them: and that the Commissioners from the Assembly to the Parliament shall recommend to the said supreme judicatory, the care of the execution of the Lawes against such persons in the most behoovefull way.

* * * * *

Sess. V. Aug. 1, 1640.

Act for Censuring Speakers against the Covenant.

The Assembly ordaines, that such as have subscribed the Covenant and speakes against the same, if he be a Minister, shall be deprived; and if he continue so, being deprived, shall be excommunicate: and if he be any other man, shall be dealt with as perjured, and satisfie publikely for his perjury.

* * * * *

Sess. X. 5 Aug. 1640.

Act against Expectants refusing to Subscribe the Covenant.

The Assembly ordaines, that if any Expectant shall refuse to subscribe the Covenant, he shall be declared uncapable of a Pedagogie, teaching of a School, reading at a Kirk, preaching within a Presbyterie, and shall not have libertie of residing within a Burgh, Universitie, or Colledge: and if they continue obstinate, to be processed.

* * * * *

The Generall Assembly appoints the next Assembly to be in S. Andrews, the third Tuesday of July 1641. And that the Moderator in a convenient way, by the Secret Councell, or otherwise as may best serve, request the Kings Majestie to send his Commissioner to the said Assembly. And if any exigent fall out, that the Presbyterie of Edinburgh give advertisement for an Assembly pro re nata.

FINIS.

* * * * *

INDEX of the PRINCIPALL ACTS of the ASSEMBLY at ABERDENE, 1640. Not printed.

1.—Election of M. Andr. Ramsay Moderator.

2.—Act against profaning of the Sabbath.

3.—Act anent Charmers.

4.—Act renewing a former Act made against Priors and Abbots.

5.—Commission for attending the Parliament.

6.—Commission anent the Province of Rosse.

7.—Commis. anent the Presbytery of Kirkwall.

8.—Act anent the Presbytery-seat of Selkirk.

9.—Report of the Visitors of the Universitie of Glasgow, and a new Commission of Visitation of that University.

10.—Act anent the Carriage of Ministers.

11.—Act anent the ordering of Family Exercise.

12.—Act for Ruling Elders keeping of Presbyteries.

13.—Act anent Magistrates being Members of Kirk Session.

14.—Approbation of the proceedings of the Commissioners appointed to attend the preceding Parliament.

15.—Act anent abolishing Idolatrous Monuments.

16.—Act anent abolishing Idolatrous Monuments in and about Aberdene.

17.—The Report of the Visitors of the Universitie of Aberdene.

18.—Commission for visiting the Universitie of Aberdene.

* * * * *

=Miscellaneous Historical Documents.=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1639-40.

1639.—September 11.

1. Discussion in Parliament as to the Large Declaration.[246]

Undecimo Septemb. 1639.

Anent the Supplication presented by the Assembly against the booke called the Large Declaratioune, whairof Doctor Balcanquhall is challenged to be ane of the authors: The Commissioner represented that it is not expedient that this Supplicatioune be presented in ane parliamentarie way; becaus it tendis to the renewing of the remembrance of these troubles and the causes thereof, which heirtofoir vexed this Kingdome, and ar now to be buried in oblivioune; and seing the said booke beirs inscriptione of His Sacred Majesties name, quhilk he will not disclaime, it aught to be handled with more reverence then to be challenged in any publick way, quhilk evidentlie rubbis with His Majesties honour, and can produce no better effect than ane answer to all assertiounes contrair to what is averred in the booke, and will frustrate the Petitioners of their intendit end. And, therefore, the Commissioners Grace desyred, that gif the Petitioners will goe on in this Supplicatione, they shall doe the same in that quiet, humble way, which may not trench upon His Majestie, bot will most readilie satisfie His Majestie, quhilk ought to be their first and maine desyre.

The Erles of Argyle and Rothes answered—That the said booke containes so many vntrewthis, that is so dishonourable to His Majestie and this haill natioune, and is so publick and dispersed through all the world, of purpose to incense neighbour nationes, and speciallie Ingland, against us, and to possess thaime with prejudices against thair proceidings; and, therefore, the Petitione aught to be presented in ane publik parliamentarie way, quhilk being legall and humble, cannot in reasone offend His Graceous Majestie.

The Commissioners Grace answered—That the publik way will rather oblige His Majestie to vindicate his honour by ane answer of mainteining that booke then procure any satisfaction from his Majestie; becaus the King must ather mainteane that booke, gif it be challenged by ane publik way, or else acknowledge that he took armes upon unwarrantable grounds and false information, quhilk is so dishonourable, that no good subject can desyre or expect the same—and now, at this tyme, it is unfitt to renew the memorie of what is past upon ather side, but they are to be covered with ane act of oblivione.

The Estatis of Parliament being petitioned by the Assemblie to joyne with thame in supplicating His Majestie against ane booke intituled A Large Declaration, (which Supplicatione is registrat in the buikes of the Assemblie,) the Estatis humblie recommendis the same to the Commissioners Grace to be presented to his Majestie for obtaining graceouslie the desyre of the said Supplicatione; and ordainis this to be inacted in Parliament, in thir same words, and in no other wayis.

* * * * *

1639 [40].—January 29.

2. Letter from the Earl of Rothes to the Earl of Pembroke and Montgomery.[247]

MY GOOD LORD,

I have large encouragement to use freedom, both from your own favours to me, and my affection to your Lordship, and so may expostulate with you for withdrawing your wonted (and even lately expressed) respects at the Camp to this Nation. You found we had reason for our lawful Defence, and that we had loyal Hearts to our Prince, and Justice in our Desires; which moved you to plead for us, and so engaged the Affection of many to you. But sithence, when my Lord Traquair made his Relation, that moved hard Conclusions against us, not requiring so much as that it should not obtain Truth to the prejudice of a Noble Nation, till we were heard; and agreeing that an Army should be levied, and lending Monies, hath much grieved us, to disappointed of one we so much trusted. I have therefore been bold to entreat that we may keep better Correspondency, or else by mistake we may be brought again to begin a Mischief that will not end in our days. As we have formerly declined it, so shall it not be our fault. And it lies in your Lordship, and in other great Persons, to prevent these Evils. You have lived in all great Ease, Peace, and Plenty for many years, as any Nation in the World; and if you can like to interrupt your own Happiness for the pleasure of some Prelates, who will share little with the Hardships and Dangers that will be indured, you are not well advised. The Earl of Dumfermling, and Lord Loudon, are sent with a full information of our Bussiness. They will wait upon your Lordship, and expect your wonted Assistance. They all (as much as may be) decline War, except you will now needs have it. We hope your Lordship and others will make use of these Reasons for the right end, which will fix a great deal of Obligation from both Nations on you, and shall infinitely increase my respects, desiring to continue

Your Lordships most humble Servant, ROTHES. Edenburg, Jan. 29, 1639. [40]

* * * * *

1639 [40.]—March 2.

3. Letter from the Marquis of Hamilton to Lord Lindsay, with Postscript by the King.[248]

MY LORD,

I Received yours of ________ February, wherein you endeavour to let me see the hazard that His Majesty may run, if he take not a peaceable Course with his Subjects of Scotland, which you say, I am reported to be no adviser of; as likewise the unavoidable Ruine that will befall me, in case of my accepting of any Imployment against them.

The Arguments that you use, are the Resolutions of your own people, and the assistance that you will have elsewhere, the particular way you forbear to write; yet you say, that God hath provided it beyond your expectation; and, as it was beyond your expectation, so it is still beyond my belief; my Reasons you shall have anon. But first I will say somewhat concerning myself.

Know then, Brother, for a truth, that I heartily pray a Curse may follow him and his Posterity, that doth not endeavour and wish, that these unhappy Troubles may be composed in a fair and peaceable way. God, who knoweth the Secrets of all mens thoughts, can bear me record, with how much care, pains, and zeal I have endeavoured that; and I promise you, I shall as faithfully continue in that Course, as ever man did, in any Resolution which was with reason grounded in his heart; how few either believe, or know this, I care not, for I have laid my accompt long since, and am resolved on the worst that can befall me. And for your further satisfaction, know, that nothing can grieve more in this World, than to be sent in any Hostile manner against my Friends, Kindred, and Country: where at the best, though I may merit something from His Majesty, (to whose Goodness I owe much besides the Duty of a Subject) yet I shall never be called other than the destroyer of them; and what cause of Sorrow this will be to a kind-hearted Scotsh-man, I leave to you to judge. Therefore I assure you, that if either my Industry, Intreaties, nay Prayers prevail, no such Charge will be imposed on me, my inclinations having always led me in this rather to follow your Advice, and absent my self, in case things come to the worst, than to accept of that Employment; though I must tell you, it may bring along with it His Majesties Displeasure, and so consequently certain Ruine. Yet I do intend to put that to the hazard, and if it happen, I will have the Vanity to say, it will neither prove advantageous to the Country, nor to those in it, who once did me the Honour to esteem me their Friend. To conclude this point, consider, if a Navy come, probably I must be miserable; for what can I gain by it? if employed, a Discontented Life ever hereafter. If the King should impose the Charge on me, and I refuse it, what the better would you be? an abler would be employed in it, and I need never look for His Majesties Favour thereafter, and without that in his Kingdom will I never live. If I had no other Reasons but these, (but I could write you fourty more,) consider if I have not cause to endeavour Peace, and believe me I will do it.

For the Danger that His Majesty will run if he enter into this War, I do acknowledge with you it may be great; but that certain Ruine must follow, I cannot confess: yet I must say, that his Gain will be but small, when he hath got that by Force which is his, or ought to be his already; but what remedy? He conceiveth a Kingdom to be lost, and two will be hazarded to regain that, if they continue in the Course they are in.

For the Assistance you mention God hath provided for you elsewhere, that is conceived to be used as an argument to fright us: For from whence can it come?

From a Party in England? Trust not to that, nor give credit to a few Factious Spirits, with whom perhaps Correspondence may be kept.

From France? Reason and the knowledge of their Affairs make us confident, that no great matter can come from thence: Reason, for they will not assist the Rebels (for so you will be called) of a King for examples sake; and the necessity of their Affairs, for we know they have enough to do elsewhere.

From Sweden? Though they perhaps be willing, yet it is known they have not men to do it in these parts.

From Holland? The Body of that Estate hath by their Publick Ministers disallowed your Actions, and hath given assurance that they will be far from either giving Countenance or Assistance to you; what private men may doe by way of Stealth, is little regarded or to be esteemed.

Thus I freely write what is thought of the Assistance you are like to get from abroad, of which Opinion I shall still be, unless you can make it more clearly appear; therefore I will use the old Proverb to you, Beware that your stout Hearts make not your heads dry a Gutter, and make you neglect the receiving of his Majesties Pleasure with all thankful obedience, which, for any thing I know, nay I durst Swear, will be no other than stands with the true Protestant Religion and the Laws of the Kingdom. What pity is it then, that these mistakes should continue? but how much more will it be, that they should encrease to a Bloody War. If all amongst you would rightly insider what true Religion and Piety is, and lay that only before their Eyes, there are yet, not only good hopes, but certain assurances of a peaceable Conclusion of those unhappy Troubles; and as you have advised me, so let me you, (which perhaps may be the last time, that on this Subject I shall write to you) endeavour Peace, which if gained, the effusion of much Christian Blood will be saved, the Country preserved, Scotshmen esteemed Valiant, Just, and Loyal, not only in this Kingdom, but through all Europe, and no man happier than

Your now much troubled, and affectionate Brother, HAMILTON.

POSTSCRIPT.—For Answer to your Postscript, I am not in dispair, but to bring it to a good pass if your own carriage do not marre it; for His Majesty is content to sign the Signature, but it is to remain in my hands, and not to be delivered except your Carriage do deserve it, as well as Crawfords, who knows not as yet, how far his Majesty hath condescended. This Letter is not fit to be long keeped, therefore it will not be amiss it be burnt. Let me hear from you with the first occasion, and thereafter I care not how seldom, if matters come to the worst.

Since the writing of this, the Letter which Rothes wrote to the Chamberlain by Dumfermline was this day publickly read at Council-board, His Majesty being present: it hath produced contrary effects to what (I believe) he expected, for not only doth the Chamberlain swear that there is not one true word in it, but hath beseeched His Majesty, that Rothes may be called to an account for the traducing of him in so high a nature, (to use his own words) nay to make him, (if it were in his Power) appear to be a greater Traytor than himself. In a word, the whole Table was much scandalized with the Letter, and no wayes satisfied with the Writer of it, even though it had been all as he expressed.

I profess I have loved Rothes, and am sorry when any misfortune befalls him; and likewise I thought fit to mention this, that you may see what those of this Country will doe, when it comes to an issue; therefore I hope not only he, but the whole Country will take example by this, and grow wise while there is time.

This Letter he carried to the King, and at the end of that Copy he retained, yet extant, His Majesty with his own hand wrote.

I have perused this Letter, and have not only permitted, but commanded that it should be sent.

CHARLES R. Whitehall, 2 March, 1639 [40.]

* * * * *

1639 [40.]—March 8.

4. Letter from the Earl of Pembroke to Rothes.[249]

MY GOOD LORD,

The Civilities and good Respects which I placed upon you, at the time of my being in the Camp, you stile Encouragements, and insinuate them as Reasons why you may expostulate with me. Your Premises I allow you, but your Inference I return you again, as fuller of Sophistry and mean Designs, than of Truth or Reason.

First, I never allowed your Defence lawfully undertaken, by other Arms than by Petitions and Prayers unto your Master. I never found Loyalty in your Covenant, nor Duty in your taking up Arms. I never affirmed the Justice of your Cause; neither did I consider so much the Merit thereof, as your unwarrantable and tumultuous disobedience therein unto the King, with the Vexation and Disturbance it brought upon the Nobility of this Kingdom. Neither was I in all this Commotion your Advocate for other reasons, than suffering my self to become a Mediator to his Majesty for your Peace and Forgiveness, moved thereunto by your frequent Protestations of paying all Duty and Loyalty to your Master’s Commands.

If from hence you haply gained from me an easier Credulity than your mask’d Designs deserved at my hands, I know not why you should obtrude on me an Alteration of my Opinion, or a withdrawing of my (but conditional) Respects from you. Thus far an Answer to what concerns me.

And now, as a Counsellor of England, let me be bold to expostulate with you upon that which follows in your Letters.

How cometh it to pass that you should upbraid us, or expect from us, that we should not give credit to my Lord Traquair’s Relation; that we did not mediate with the King to change his Resolution of sending forth an Army; and that we did not deny the King Loans of Money for his Service?

My Lord, These Enforcements perhaps as little become you, as it is certainly unlawful and undutiful in the Subjects of England to dispute it with their King. You may pretend Religion to be the sole Cause of your Grievance; but we believe it a woful Religion here, that hath thus devested itself of all Moral Duty and Civility. Nay, you go further, you threaten and fear us with a Mischief that will not end in our days; and boldly make it your own Act, to have declined it hitherto without Obligation to the Kings Mercy at all. You tell us of Plenty, and Ease, and Happiness for many years enjoyed, and wonder we should expose all those to hazard for the pleasure of some few Prelates.

My Lord, These are Arguments for common People, and Men of broken Fancies to feed upon; but such Suggestions will not find nor make a Party here. Perhaps it may blow them into a Flame, whose Zeal already hath burnt up their Duty and conscionable Allegiance unto their Master.

To be short, as I never had a Correspondency of Bussiness with your Lordship, so your Letters have assured me it is dangerous to begin it. Yet for the Peace of both the Churches and Kingdoms, I will adventure to give you this Intelligence, That we have not (in our Council here) proceeded against you without deliberation, a good Conscience, and a just sense of Honour. Neither shall I, or any of us, be entreated or feared by you, or any of you, for contributing our Assents or Fortunes thereunto, but as our Master shall command us.

Lastly, Know you, my Lord of Rothes, that the return of my old Friendship to you is to be expected, when I shall hear of your Renovation. Be simple, my Lord Rothes, and not a Covenanter, and I shall be the same.

P. & M.

Whitehall, March 8th, 1639 [40.]

1640.—[Date uncertain.]

5. Letter from the Covenanters to the King of France.[250]

SIRE,

Vostre Majesté (estant l’asyle & sanctuaire des Princes & Estats affligéz) nous avons trouvé necessaire d’envoyer ce Gentilhomme le Sieur de Colvil, pour representer a V. M. la candeur & naiueté tant de nos actions & procedures, que de nos intentions, lesquelles nous desirons estre graveés & escrites à tout l’univers avec un ray du Soleil, aussy bien qu’a V. M. Nous vous Supplions doncques treshumblement (Sire) de luy adjouster foy & creance, & a tout ce qu’il dira de nostre part, touchant nous & nos affairs; estans tresasseurés (Sire) d’une assistance esgale a Vostre clemence accoustumeé cydevant, & si souven monstrée a ceste Nation, laquelle ne cedera la gloire à autre quelconque d’estre eternellement,

Sire, de V. M.,

Les treshumbles, & tresobeyssants, & tresaffectionés serviteurs,

Rothes, Montrose, Lesly, Marre, Montgomery, Loudoun, Forrester.

Englished thus:—

SIR,

Your Majesty being the Refuge and Sanctuary of afflicted Princes and States, we have found it necessary to send this Gentleman Mr Colvil, to represent unto your Majesty the candour and ingenuity, as well of our Actions and Proceedings, as of our Intentions, which we desire to be engraved and written to the whole World with a Beam of the Sun, as well as to your Majesty. We, therefore, most humbly beseech you (Sir) to give faith and credit to him, and to all that he shall say on our part, touching us and our Affairs; being most assured (Sir) of an Assistance equal to your wonted Clemency heretofore, and so often shewed to this Nation, which will not yield the Glory to any other whatsoever, to be eternally,

Sir,

Your Majesty’s most humble, most obedient, and most affectionate Servants,

Rothes, Montrose, Lesly, Marre, Montgomery, Loudoun, Forrester.

1640.—June 17.

6. Letter from Committee of the Scottish Parliament to the Earl of Lanerick.[251]

RIGHT HONOURABLE,

It is not unknown to your Lordship with what difficulties this Kingdom hath wrastled this time past, in asserting their Religion and Liberties against the dealings of bad Instruments with his Majesty to the contrary. The means which they have used, have been no other but such as they humbly petitioned and obtained from his Majesty—a free National Assembly and Parliament. The Assembly went on in a fair way, and was closed with the liking and full consent of his Majesties Commissioner; but the Parliament Indicted by his Majesty was prorogated, till the Reasons of the Demands of the Estates were rendered to his Majesty; which having done by their Commissioners, they kept the second of June (the day appointed by his Majesty) for the sitting of the Parliament; and after diligent Enquiry, hearing nothing from his Majesty nor his Commissioner, neither by their own Commissioners or any others sent from his Majesty, which might hinder the Parliament to proceed to the settling of their Religion and Liberties, after mature deliberation, and long waiting for some signification of his Majesties pleasure, they have all, with one consent, resolved upon certain Acts, which they have adjudged to be most Necessary and Conducible for his Majesties Honour and the peace of the Kingdom, so far endangered by delayes; and have committed to us the Trust to shew you so much, and withal to send a just Copy of the Acts, that by your Lordship (his Majesties Principal Secretary of Scotland) they may be presented to his Majesty. The Declaration prefixed to the particular Acts, and the Petition in the End, contain so full expressions of the Warrants of the Proceedings of the Estates, and of their humble continued desires, that no word needs to be added by us. We do, therefore, in their name, (according to the Trust committed to us,) desire your Lordship (all other wayes of Information being stopt) with the Presenting of the Acts of Parliament, to represent unto his Majesty against all suspicions, suggestions, and tentations to the contrary, the constant love and loyalty of this Kingdom unto his Majesties Royal Authority and Person, as their Native King and kindly Monarch: And that they are seeking nothing but the Establishing of their Religion and Liberties under his Majesties Government, that they may still be a free Kingdom, to do his Majesty all the honour and service that becometh humble Subjects; that their Extremity is greater, through the Hostility and Violence threatned by Arms, and already done to them in their Persons and Goods, by Castles within and Ships without the Kingdom, than they can longer endure: And that, as his Majesty loveth his own Honour and the Weal of this his Antient Kingdom, speedy course may be taken for their relief and quietness; and that if this their Faithful Remonstrance (to which, as the Great Council of the Kingdom, they found themselves bound at this time for their Exoneration) be passed over in silence, or answered with delayes, they must prepare and provide for their own defence and safety. We are very hopeful that your Lordship (as a good Patriot, and according to the obligement of your place) will not be deficient in that duty for your Native Countrey, and send us a speedy Answer, as we shall in every duty be careful at all occasions to shew our selves.

Your Lordships humble Servants,

Signed, Balmerino, Burghly, Napier, Thomas Hop, John Murray, John Hamilton, George Dundas, John Smith, Ed. Egger, Thomas Patterson, Ja. Sword.

1640.—June 26.

7. Terms of Agreement on which Lord Lowdoun was liberated from the Tower of London.[252]

I. The Lord Lowdon doth promise to contribute his faithful and uttermost Endeavours for his Majesties Service, and furthering of a happy Peace, and shall with all possible diligence and care go about the same, and shall labour that His Majesties Subjects of Scotland may in all humility petition, that His Majesty may be Graciously pleased to authorize a Commissioner with full Power from His Majesty to establish the Religion and Liberty of that His Majesties Native and Ancient Kingdom according to the Articles of Pacification, and that by a new Convening or Session of the Parliament, without cohesion or dependence on what hath been done by themselves, without His Majesties Presence, or of a Commissioner to represent His Majesties Royal Person and Power.

II. That if there be not an Army already convened in Scotland in a Body, he shall endeavour that they shall not convene, nor come together during the time of Treaty, in hope of Accommodation; and if they be already convened in a Body before his return, he will labour that they may dissolve and return to their several Shires, or dispose so of them, that they remain not in one Body, as may best evince that they intend not to come into England; but may carry themselves in that respective way, as may best testifie their Duty to His Majesty, and their Desires of Peace.

III. That if General Ruthwen shall happen to become their prisoner, they may (as a testimony of their desire to shun every thing which may provoke His Majesties displeasure) preserve him, and that the Lord Lowdon will shew how far he is engaged for his Safety.

IV. That when Affairs shall be brought to a Treaty in Parliament, and that His Majesty shall be Graciously pleased to settle the Religion and Liberties of the Kingdom according to the Articles of Pacification, he will endeavour that the Kings Authority shall not be entrenched upon, nor diminished, that they may give a real demonstration to the World, how tender and careful they are, that His Majesties Royal Power may be preserved both in Church and State.

V. That what is done or imparted to the Lord Lowdon concerning His Majesties Pleasure shall be kept secret, and not revealed to any here, further than His Majesty shall think expedient.

That the Lord Lowdon shall (as soon an conveniently he can) return an account of his Diligence.

[There was given with this another Paper, which follows.]

Memorandum of what passed betwixt the Marquis of Hamilton and me, 26 June 1640.

I. Because no great matters can be well effectuated without Trust, Fidelity, and Secrecy; therefore it is fit that we swear Fidelity and Secrecy to others, and that I shall faithfully contribute my best Endeavours for performance of what I undertake; and that my Lord Marquis doe the like to me.

II. Our desires and designs do tend mainly for Preservation of Religion, Laws, and Liberties of the Kingdom, the Kings Honour, and of His Royal Authority, and for establishing of a happy Peace, and preventing of Wars; and we are to advise and resolve upon such ways and means as may best conduce for these ends.

III. If (after using of our utmost Endeavours) it be not Gods will that we may be so happy as to obtain such a Peace in haste, as may content the King and satisfie his Subjects, till differences draw to a greater height, and beginning of Wars, to resolve what is fit to be done in case of such an Extremity, for attaining a wished Peace, and to condescend what course we shall take for keeping of Correspondence.

If my Endeavours and Service (which doubtless will put me to a great deal of expence and pains) shall prove useful for His Majesties Service and Honour, and the Good of the Kingdom, which are inseparable, the Marquis will intercede really, and imploy his best Endeavours with the King, to acknowledge and recompence the Lord Lowdon’s Travels and Service in such a manner as a Gracious King and Master should doe to a diligent and faithful Servant.

1640.—June 27.

8. The Earl of Lanerick’’s Answer to the Committee.[253]

MY LORDS,

By my former of the date of the 23d of June, his Majesty was pleased to promise by me, to let you know within few dayes his further pleasure concerning those proceedings and desires of the Noblemen, and Barons, and Burgesses, which you sent me to be presented to his Majesty; whereupon he hath now commanded me to tell you, that the Not Proroguing of the Parliament in a Legal and Formal way, was not for want of clear Instructions, and of full and ample Power from his Majesty, he having fully signified his pleasure to those whom he did entrust with the executing thereof, not thinking it fit to employ other Servants of greater Eminence, by reason of the disorders and Iniquities of the times: and as forced by the importance of his other great and weightie affairs, he was necessitated to Prorogue the Parliament for some few dayes, so did he most really intend to perform, at the time prefixed, whatsoever he had promised by the Act of Pacification; but neither can the neglect of his servants, (if any be,) nor those other Reasons alledged by the foresaid Noble-men, Barons, and Burgesses, in their Declaration for their sitting, satisfie his Majesty for their proceeding in a Parliamentary way; since, by the Duty and Allegiance of Subjects, they are bound to acknowledge, in a most special manner, his Transcendent Power in Parliaments. And if Subjects there do assume the Power of making Laws, and rescinding those already made, what Act can be done more Derogatory to that Regal Power and Authority we are all sworn to maintain? Therefore his Majesty conceives, they cannot in reason expect he can interpose his Royal Authority to these, or any other Acts whatsoever, whereto neither he in his own real Person, nor by his Commissioner, did assist. Yet such is his Majesties Clemency, that when they shall take such an humble and dutiful way, as may witness that they are as careful and tender of his Majesties Royal Power, as they are desirous of his Approbation, then shall it be time for them to expect such a Gracious and Just Answer, as may testifie his Majesties Fatherly Compassion of that his Native Kingdom, and his Pious and Princely care of performing whatsoever is necessary for Establishing their Religion and Laws. So thus, having imparted unto you all that was enjoyned me by his Majesty, I shall say no more from my self, but I am

Your Lordships humble Servant,

LANERICK.

White-Hall, June 27, 1640.

1640.—July 7.

9. Reply by the Committee to Lanerick.[254]

MY LORD,

We received your Lordships Letter of the twenty seventh of June from the Lord Lowdon, whose Relief out of Prison gives us occasion (before we answer your Lordships Letter) to acknowledge the same as an Act of his Majesties Royal Justice and Goodness, although the pretended Cause of his Imprisonment was but a Malicious Calumny of the Enemies of the Kings Honour and our Peace, forged to engage both his Majesties Kingdoms in a National War. As we cannot but regret that any Neglect of his Majesties Officers, or absence of his Commissioner, whose presence we did both desire and expect, should hinder the interposing his Royal Authority to these Acts of Parliament, which were found most necessary for establishing Religion and the Peace of this Kingdom, and which, according to the Acts of Pacification, his Majesty was Graciously pleased to promise; so we have and shall still endeavour to give demonstration of that tender respect we have of his Majesties Honour and Royal Power. And whereas your Lordships Letter doth imply, that we should take some other way for the more easie obtaining of his Majesties Approbation, which also, by several reasons, hath been most instantly pressed by the Lord Lowdon; yet we conceive that Parliamentary way which was taken by the Estates convened by his Majesties Special Warrant, to have been most Legal and Necessary, and no wayes Derogatory to his Majesties Power in Parliament, nor contrary to the Duty of good Subjects, who are warranted by the Articles of Pacification under his Majesties hand, to Determine all Civil Questions, Ratifie the Conclusions of the Assembly, and remove the present Distractions of this Kingdom, as is more abundantly demonstrated by their Declaration in Parliament hereabout; so that we dare not take any other course, which may entrench upon their Parliamentary Power or Proceedings, nor will we (being so few in number appointed to stay here) presume of our selves, in a matter of so great moment, to return a more full and particular Answer, till there be a more frequent meeting of those appointed by Parliament, which will be shortly; and then your Lordship shall be acquainted, that you may shew his Majesty their resolutions and humble desires; and we shall remain

Your Lordships Affectionate Friends and Servants,

Signed, Lindsay, Balmerino, Burghly, Napier, J. Murray, G. Dunglass, Ja. Sword, J. Forbes, Ed. Eggar.

Edinburgh, July 7, 1640.

1640.

10. Principal Baillie’s Account of the Aberdeen Assembly, in a Letter to the Rev. William Spang.[255]

Our assembly at Aberdeen was kept with great peace. We found a great averseness, in the hearts of many, from our course, albeit little in countenance. D. Sibbald, Forbes, and Scroggie, were resolved to suffer martyrdom before they subscribed anything concerning Episcopacy and Perth articles; but we resolved to speak nothing to them of these matters, but of far other purposes. We found them irresolute about the canons of Dort, as things they had never seen, or at least considered. They could say nothing against any clause of the book of canons, liturgy, ordination, high commission. D. Forbes’s treatises, full of a number of Popish tenets, and intending directly reconciliation with Rome, farther than either Montacute, or Spalato, or any I ever saw among their hands, and the hands of their young students, together with a treatise of Bishop Wedderburn’s, and an English priest, Barnesius, all for reconciliation. D. Sibbald, in many points of doctrine, we found very corrupt; for the which we deposed him, and ordained him, without quick satisfaction, to be processed. The man was there of great fame. It was laid upon poor me to be all their examiner, and moderator to their process. Dr Scroggie, an old man, not very corrupt, yet perverse in the covenant and service book. D. Forbes’s ingenuity pleased us so well, that we have given him yet time for advisement. Poor Barron, otherwise an ornament of our nation, we find has been much in in multis the Canterburian way. Great knavery and direct intercourse with his Grace we found among them, and yet all was hid from us that they could. I got my cause delayed to the next general assembly; yet Mr Robert Ramsay was ordained to transport to Glasgow, and Mr Andrew Cant to Aberdeen, sore against his mind; his patron Lothian will vehemently oppose it. Thir violent transportations will at once offend many. I am like to be more than boasted with a divinity-profession in Aberdeen. The work is so far mistaken. Better for me to be dumb or dead than so far miserable. Much of our ten days sitting spent in causes of transportations, and plantations of churches, where patrons, presbyteries, and people had their contests. All which came before us were at last peaceably settled. Many good overtures were made, which ye will see at once in print. That which troubled us most was a passage of Mr Henry Guthrie’s, which, because it may be the occasion of farther din, I will relate to you particularly, so far as I understand. Our countrymen in Ireland, being pressed there by the bishops to countenance the liturgy and all the ceremonies, did abstain from the publick worship, and in private, among themselves, their ministers being all banished, did, in that time and place of persecution, comfort themselves with prayer and reading, and other exercises of religion, whiles in the night, whiles in the day, as they had occasion. Sundry of them intending a voyage to New England, inclined towards the discipline of these churches; yea, some Brownists, insinuating themselves among them whileas their ministers were away, did move divers towards their conceits. The most of thir good people flying over to us, were heartily embraced of us all. Their private meetings were overlooked. Some of their conceits, though they were spreading, we let alone, till the Lairds of Leckie, one who had suffered much by the bishops, was marked, using his Irish form of private exercises in Stirling, and in his prayers, some expression which were prejudicial to Mr Harry Guthrie, minister of the said town, and other ministers of the land, who did not affect their ways. At once Mr Harry, with the brethren of that presbytery, and magistrates of that town, did begin with vehemency, and some violence, to suppress these private meetings; and to point out in very black letters all the singularities they knew or heard of in Leckie, or these who affected their ways. They, on the other side, failed not to render to Mr Harry and the brethren the like. The last assembly of Edinburgh were perplexed with this matter. Mr Harry made very loud complaints of their novations, both in word and writ. Sundry being conscious what in divers parts of the country was broaching, was in some fear. Divers of our chief ministers tendering very much the credit of these very pious people, were loth that anything concerning them should come in publick. We had sundry private meetings with the chief that were thought to incline that way. Mr Henderson vented himself at many occasions, passionately opposite to these conceits. We found among ourselves great harmony of judgement; yea, Leckie declaring his mind in a writ, was found to differ nothing considerable from us. Once we agreed for the framing of an act for the preveening of such questions. Both sides laid it on me to form it. All were pleased with the draught, only one not liking my conclusion of precise discharging of all novations till in a general assembly they were allowed, persuaded to leave off making of an act, lest our adversaries should triumph in our so hasty disputations, if not divisions; and did assure, by quiet denting, to smother all farther reasoning of such purposes: only we concluded, for satisfaction of all, that Mr Harry should preach for advancement of religious exercises in every family, and Mr Robert Blair, Mr John Maclellan, Mr John Livingston, against night meetings, and other abuses which were complained of. Mr Blair, in his sermon, did not so much cry down these meetings as was expected, wherefore Mr Guthrie refused to preach at all. Some citizens of Edinburgh declared themselves not well satisfied with Mr Henderson’s zeal against their practice. One Livingston, a trafficker with the English who were affected to our reformation, but withal to the discipline of New England, in his letters to his friends abroad, did write very despitefully of Mr Henderson. This being intercepted, did grieve, not only the man himself, but us all, of all ranks, who had found him the powerful instrument of God, fitted expressly much above all other, to be a blessing to our church, in this most dangerous season. For preveening of all farther inconvenience, it was thought meet to press, in all the kingdom, religious exercises in families, according to a draught which Mr Henderson, with the unanimous consent of all, gave out in print. This family worship was expected a sufficient remedy against the feared evils of other private meetings. But when it was not found so, these that would have kept on foot amongst us some of the Irish novations, foreseeing their severe condemnation by the ensuing general assembly, thought good to flee from that discreditable stroke, and drew together in Edinburgh, in time of the parliament, to a privy conference. On the one side, Mr Henderson and Mr Eleazar Borthwick; on the other, Mr Blair and Mr Dickson; these four agreed on a paper of caveats, limiting these private meetings; which being opened to the rest of the brethren there conveened, did please all. The report of this gladed all the land, hoping that these disputations had been at a point. I heard no more of them till the synod, at the beginning whereof, as the custom is, a list being given up for preaching in the town, Mr Guthrie was one. He finding himself, as he avowed, indisposed in body, and unable without more books and leisure than there he could have, and unwilling, since the provost of the town required he should be heard, having, as he heard, a mind to get him transported to that town, refused peremptorily to preach at all, and that with some words of headiness more than it became to us, in the face of an assembly; those who bare him at small good will, finding him in this snare, whether to punish him for bygone businesses, or to dash him for attempting in that assembly any farther matter about Leckie’s meetings, which they suspected was his main errand to that place, urged straitly the publick censure of his presumption. When he was removed, all those who had relation to the Irish business, lighted so sharply upon him, that many did think their censure was not so much for his present behaviour, as for some bygone quarrels. He took the moderator’s reproof submissively enough; but whether on that irritation, or preceding resolution, he set himself with all earnestness to have these matters concluded in the assembly, which some of us were afraid so much as publickly to name. Privately he had solicited the whole northern ministers and elders, putting them in a great vehemency against all these things he complained of. It was one of my overtures for ordering the house at the beginning of the assembly, that no motion should come in publick, till first it was considered in private by the committee appointed for things of that nature whereof it was, unless the committee refused to receive it. Whereby Mr Harry his first motion in publick, though he had alledged it had been proponed by him to the committee of overtures and not received, was remitted again to the committee. By this means he was holden off some days; but by no means could be gotten diverted from proponing these questions, which we were afraid should trouble us all. Account was taken of all the commissioners of the kingdom, in the face of the assembly, of settling of family exercise in ilk house of their presbytery; it was avowed to be everywhere pretty well advanced; but this was not water for the fire in hand. It was the advice of the committee, to propone Mr Henderson’s paper before Mr Harry was heard. This advice, in my mind, was wholesome; for likely all would have applauded to that paper, and no more needed for the settling of these questions; but some, whether because they were loth, though privily they assented to that paper, that yet it should go on in a publick act, or being varied with a clean contrair spait, were wilful to have Mr Harry to vent himself in publick, to the uttermost of his passions, would not let the committee determine any thing in that affair. Mr Harry being permitted at last to speak in the assembly, a long discourse proclaimed what he was able to say of Leckie, and those meetings. Truly he uttered many things very odious, if true. Mr James Simpson of Bathgate shewed also many scandalous things of that sort of people. A commissioner from Galloway declared a number of uncouth passages, reflecting on Mr Samuel Rutherford, Mr John Livingstone, and Mr Maclellan. Presently all went to a heat and confused din; the whole north, especially the Earl of Seaforth, a well-spoken man, but whose honesty in our cause ever has been much suspected, passionately siding with Mr Harry; some others freting to hear pious people so shamefully, as they thought, calumniated. In the midst of this clamour, I took leave, sharply to regret that we did rush in a greater evil than any was complained of: the confused misorder of a general assembly was the spoiling of the only remedy of that and all other diseases; but no possibility of order and silence. The moderator had neither weight in his discourse, nor dexterity in guiding. We missed much Mr Henderson, or some of our respected nobles. At last the confusion ended in a committee for the preparing of overtures to remeid these evils. The committee was for the most part of men at Mr Harry’s devotion. After much jangling and repetition, with many evils, of odious, whether true or fabulous, narrations, sundry of us inclined to have that forenamed paper passed in an act. But my Lord Seaforth, and Mr Harry, by no means could hear of that motion. They told ever, that caveats brought in the bishops; that this paper, though never so full of limitations, would be at least introductive of the thing limited. Mr Rutherford all the while was dumb; only, in the midst of this jangling, he cast in a syllogism, and required them all to answer it. “What scripture does warrant, an assembly may not discharge; but privy meetings for exercises of religion, scripture warrants, James v. 16. Confess your faults one to another, and pray one for another; Mal. iii. 16. Then they that feared the Lord, spake often one to another, &c.: Ergo, thir things could not be done in publick meetings,” A number greedily haunsht at the argument, Mr Andrew Ramsay, Mr J. Adamson, and others; but came not near the matter, let be to answer formally. Mr Harry and Seaforth would not have Mr Samuel to trouble us with his logick syllogisms. The truth is, as I conceive, Mr Harry intended to have all meetings private simpliciter abolished; also Mr Rutherford I know, in a treatise, defended the lawfulness of those meetings in greater numbers, and for moe purposes than yet we have heard practised: also Mr Dickson had written, and practised, and countenanced some things in these meetings, that now both of them finding the inconveniences, and seeing the great opposition they got from many good men, and especially by Mr Henderson, were content to pass from, at least to be silent of. We closed that night with this overture, That five of our number should draw up every one of us our conception, by way of act, to present to-morrow to the committee, Mr David, Mr Harry, Mr David Lindsay, Mr Alexander Peter, and I. In my act I strove, so cunningly as I could, to canvass Mr Henderson’’s paper shortly, with some of my own conceptions. I communicated it to the chief opposers of Mr Harry, Mr David Dickson, Mr Samuel Rutherford, William Rig, and others, and got them at last to acquiesce. When we came to the committee, all the five Acts were read: the question came betwixt mine and Harry’s. Mine was liked by all; only Mr Harry disliked it, and conceived that under every word a dangerous serpent did lie. There was no remeid: his contentment was the contentment of the body of the assembly. Since he misliked my draught, I set myself to persuade that his draught might be accepted; for truly it had nothing that was controverted. It consisted of three articles. The 2d article was, That read prayers was not unlawful. Mr Dick did enlarge, that it should be lawful to read prayers both in private and publick. The 3d article was, That it should not be permitted to any to expone scripture to people, but only ministers, and expectants approven by Presbyteries. No man did contradict the 1st article, which was, That family-worship should be declared to be of persons of one family, not of divers. Here was all the question. I did declare publickly, oft without contradiction, that the meetings whereof he complained were not family-meetings, but another kind specially differing from the other: so that his article of family-meetings would never touch any abuse of these meetings, were they never so many and foul. Yet because this was Mr Harry’s own draught, and he alledged that the people with whom he had to do, did take their conventicles only for family exercises, he required no more than the declaration of the assembly, that family-meetings extended no farther than to persons of the same family. This, though no man could refuse, yet these that liked nothing that came from him, did question much more than they needed, and very violently urged to have, in that article, limitations which in my judgement were very needless, and did farther Mr Harry’s design more than his own words. Always Mr Harry was made content to accept of one exception, which was the practice of people’s flocking to their minister’s family-exercise; but of any moe exceptions he would not hear, and more they pressed upon an argument that did much amaze my mind, that except they got another conceit, they had a written protestation ready against that act of the synod; the thing that the devil was seeking, and would have been sweet pastime to that town of Aberdeen, and our small favourers in the north, who were greedily gazing on the event of that broil. Always at last the prayers of the land for God’s blessing to that assembly prevailed, and in a moment God made the minds of these who differed to agree, to the great joy of all when they heard it. There was but five of us then in private, Mr Harry, Mr David, as parties, Belhelvie for Mr Harry, the moderator, and I, betwixt them. Mr David at last acquiesced to my request, to let Mr Harry’s article pass as it stood; and Mr Harry, after once and again I had inculcate to him, that all his act was but a blephum if you put not in that clause you see it has against novations, was at last content to put it in; so with great difficulty, the act being agreed upon in private, and in the committee, when it came to be voted in the assembly it had no contrair voice. All of us did think that then the storm was close over and gone; yet when least we expected, it does blow up again as boisterously as ever. Some that were grieved and fretted that their purpose should have got so much way, desiring to have some order of him, did give in a writ, requiring, since so many vile abuses were in the assembly alledged to have been committed by Leckie; and others, in divers parts of the country, it were expedient that a committee were ordained for the trial and severe punishment of all these misorders; and that this committee should sit in Edinburgh, and consist of those whom the assembly had appointed commissioners for the parliament, with so many other as the assembly thought meet to join with them. This bill was read near the end of the synod by Mr James Bonner, moderator of the bills, as newly given to him, by whom he knew not. Upon the hearing of it, at once there arose such an heat and universal clamour, that it was marvellous. Mr John Maclellan was found the ingiver of it; while he began to be hissed at, Mr Andrew Cant, and Mr D. Dickson did speak for the reasonableness of it, and some few other ministers and gentlemen who had been on the council of it; but they were so overwhelmed with the multitude of criers, Away with it, Away with it, that they were forced to be silent and let it go. I much grieved to see the tumultuous disorder of our assembly; and had I been on Mr David’s council, I would have dissuaded him to my power from such a motion, which, if it had been assented to, was like to have fired our church more than any other brand that Satan at this time, in all his wit, could have invented: so, by God’s goodness, water was cast on that fire for the time: the embers yet seem to smoke; but we hope God will see to the peace of our church, which is but a brand newly taken out of the fire, or rather yet in the midst of the flame of war and great danger.

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11. Laud’s Service Book, and the English Liturgy.[256]

In addition to the objections which the Scots had to various parts of the English Liturgy, they complained of the following alterations made on it in Laud’s Service Book, as savouring of Popery:—

1. In the order of the administration of the Lord’s Supper, instead of the Rubrick in the English Liturgy—“The table, at the Communion time, having a fair white linen cloth upon it, shall stand in the body of the church, or in the chancel, where morning and evening prayer are appointed to be said”—Laud’s Service Book has the following:—“The holy table having, at the communion time, a carpet, and a fair white linen cloth upon it, with other decent furniture, meet for the high mysteries there to be celebrated, shall stand at the uppermost part of the chancell or church, where the Presbyter, standing at the north side or end thereof, shall say,” &c.

2. Having thus removed the Priest, as far as possible, out of the hearing of the people, (in conformity with the Romish rites,) the Service Book, in a second Rubrick, immediately before the consecration, orders him to turn his back to the people, which he must have done according to the following direction:—“Then the Presbyter, standing up, shall say the prayer of consecration, as follloweth, but then, during the time of consecration, he shall stand at such a part of the holy table, where he may, with the more ease and decency use both his hands.”

3. They objected to the phrase consecration, which, though it appears in the modern editions of the English Liturgy, had no place in the edition used at that time in England; but their chief objection to the prayer of consecration, in Laud’s book, was the following sentence, which never was allowed a place in the English Liturgy:—“We most humbly beseech thee, and of thy almighty goodness vouchsafe so to blesse and sanctifie, with thy word and holy spirit, these thy gifts and creatures of bread and wine, that they may be unto us the body and blood of thy most dearly beloved Son.”

4. After the prayer of consecration, there follows, in Laud’s book, the prayer of oblation, which two prayers the Popish writers call the heart and the head of the mass, and both of which were carefully removed by the English Reformers, the former being altered, and the latter rendered innocent, by being placed as a thanksgiving after receiving the communion. In the Service Book, the oblation is replaced, under the title of a “Memoriall or Prayer of Oblation,” beginning with, “We, thy humble servants do celebrate and make here before thy divine Majestie, with these thy holy gifts, the memoriall which thy Son hath willed us to make, and humbly beseeching thee, that whosoever shall be partakers of the holy communion, may worthilie receive the most precious bodie and blood of thy Son, Jesus Christ, and be fulfilled with thy grace and heavenly benediction, and made one bodie with him, that he may dwell in them and they in him.” After this, the Lord’s prayer, which, in the English Liturgy, is not introduced till after the communion has been received, is brought in with the presumptuous preface of the missal, Audemus dicere—“We are bold to say.”

5. What was formerly called “the holy table,” and, in the English Liturgy, “the Lord’s table,” is now, after the consecration, in the Service Book, termed “God’s board.” “Then shall the Presbyter, kneeling down at God’s board, say,” &c.

6. In delivering the bread, the Minister is required, by the English Liturgy, to say—“The body of our Lord Jesus Christ, which was given for thee, preserve thy body and soul unto everlasting life. Take and eat this in remembrance that Christ died for thee, and feed on him in thy heart, by faith with thanksgiving.” This last sentence, added by the English Reformers to qualify and explain the former, is wholly omitted in Laud’s book, which gives us merely the words of the missal—“The body of our Lord Jesus Christ, which was given for thee, preserve thy body and soul unto everlasting life.” In like manner, when delivering the cup, the words “Drink this in remembrance that Christ’s blood was shed for thee, and be thankful,” are expunged from the Service Book, as savouring too much of Protestantism; and the Priest is simply required to “say this benediction—The blood of our Lord Jesus Christ, which was shed for thee, preserve thy body and soul unto everlasting life. Here the party receiving shall say, Amen.”

7. The fair linen cloth, with which the elements are covered, after communicating, is called, in Laud’s book, the “corporall.”

8. Besides this, in the order for the communion, in Laud’s Liturgy, the Offertory, which, it would appear, was almost wholly expunged, name and thing, from the ancient copies of the English Liturgy, as having been the Popish sacrifice for the quick and the dead; is introduced in nearly all its former glory. Passages of Scripture, omitted in the English book as identifying it with Jewish oblations, are restored; and it was strongly suspected, from the Commentaries of Couzins, who openly defended the practice, that prayers for the dead, and for the honour of the saints, were insinuated under such expressions as, “We also bless thy holy name for all those thy servants, who, having finished their course in faith, do now rest from their labours—all thy saints, who have been choice vessels of thy grace, and the lights of the world in their several generations—most humbly beseeching that, at the day of the general resurrection, we, and all they which are of the mystical body of thy Son, may be set on his right hand,” &c, nothing like which is to be found in the corresponding prayer in the English Liturgy.

Various other objectionable points, in the Service Book of 1637, are noticed by Robert Baillie in his treatise “Ladensium Autokatakrisis, the Canterburians Self-Conviction,” published without his name in 1640. But the same writer has treated the subject at greater length, and in a more learned and elaborate publication, entitled, “A Parallel or brief Comparison betwixt our Scottish Booke and the Missal, the Breviarie, and other Popish ritualls this day in use at Rome, according to the Canons of Trent;” included in his MS. letters and journals, which are now being printed by the Bannatyne Club. It is needless to add, that the suspicions of the Covenanters, as to the intentions of Laud and his Clergy, in the construction of the Service Book, to bring the Church of England, as well that of Scotland, into closer conformity with the Church of Rome, were greatly strengthened by the publications and proceedings of the party in England, who wen carrying matters such a length as to disgust and alarm the rational and sober portion of the English Clergy. See, for example, Laud’s Consecration of St Catherine Creed Church, which made a great noise at the time—Rushworth, vol. ii, p. 76. See also Bennet’s Memorial of the Reformation p. 165, and Neale’s History of the Puritans.

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THE GENERAL ASSEMBLY, AT ST ANDREWS AND EDINBURGH, 1641.

In resuming our narrative of events connected with the Church of Scotland, we may state, that Wentworth, (created Earl of Strafford in the close of the preceding year,) was intrusted with the chief command of the King’s forces to be employed against the Scotch; the Earl of Northumberland, who was named General, being in a state of health which did not admit of his taking the active charge of it. Strafford had acquired the confidence of the King, by his zealous and energetic services in Ireland, and proved the sincerity of his devotion to his master’s cause, by subscribing £20,000 to the fund for carrying on the war. Before adverting to the military movements of the English army, it may be proper to notice those of the Scottish, who, on this occasion, took steps in advance of their antagonists.

Early in the year 1640, (25th February,) a reinforcement of 300 men had been sent into Edinburgh Castle, with large stores of munitions for its defence, under General Ruthven, created Lord Ettrick. In May, however, the Scottish Estates having mustered their forces in sufficient number, beleaguered the Castle, and, in June and July, bombarded it with such effect as ultimately to force its surrender. About the same time, Argyle took the Castle of Airlie, and plundered all the tenantry on the lands of Lord Ogilvie; scoured Athol, and apprehended the Earl, and other leading men, whom he sent to prison; and levied most severe contributions: and Monro carried terror into the north, by taking prisoners a great number of persons disaffected to the Covenant at Aberdeen, and by other severities; including, among the prisoners, the Bishop of Moray, whose Castle of Spynie he seized and garrisoned. He also took Strathbogie Castle, plundered the Marquis of Huntley’s lands fearfully, and, on the 2d of Aug., “he marches to Banffe,” says Balfour, “quher he playes the devill, and demolishes the Lord Banffes house, which wes both fair and staitly, and an ornament to that pairt of the Kingdome.”

Such were the preludes to the meeting of the General Assembly in the north, which sat from the 28th of July till the 6th of August 1640, in the midst of all these manifold desolations and ravages around them. Meanwhile, the main army of the Covenanters was mustering in Edinburgh, under old Leslie, as General; the Earl of Callander, Lieutenant-General; Baillie, Major-General; Sir Alexander Hamilton, General of Artillery; and Colonel John Leslie, Quartermaster-General. Under the guidance of these commanders, and above a dozen of the Nobility and their sons, and many experienced officers, the Scottish army moved towards the Border. They returned to their old quarters at Dunse Law, and, after about three weeks’ training and preparation, they crossed the Tweed on the 20th or 21st of August.[257] thus deviating from their former tactics, and assuming the aggressive course. Balfour states it as consisting of 200 companies of foot, 4,000 cavalry, and 2,500 baggagers. We leave the pacific correspondence to be gleaned from the documents annexed, and follow briefly the military operations.

The van of the Covenanters was led by Montrose, who was the first to plunge into the river at Coldstream, at the head of his battalions—his secret alienation from the cause of the Covenant not having yet been discovered. In order to break the force of the current, and lessen its pressure on the infantry who waded it, Sir Thomas Hope, the King’s Lord Advocate, at the head of the College of Justice troop of cavalry, passed the river a little above them; and, having forded the river in two columns, (one of them a little below the other,) the Scottish army entered England as open enemies of their King. They encamped that night at Hirslaw, whence, next morning, they marched southwards, and encamped on Misfield Moor, and in the adjacent villages. On the 22d of August, they marched to Middleton Haugh, near Wooller, where they were attacked by some of the King’s troops from Berwick; but these were speedily repulsed, and some of them taken prisoners. Next day, (23d,) being a Sunday, they moved to Branton Field, after sermon; and, next day, encamped on a hill betwixt the new and old towns of Eglingham or Eglintown. On the 25th, they marched from thence, and encamped at Nether Wotten—on the 26th, at Criech—and, on the 27th, at Newburn-upon-Tyne, about four miles west from Newcastle. It may here be noticed, that, on entering England, the Covenanters published certain “Considerations,” in justification of their expedition.[258]

Not expecting, perhaps, such decisive courses as the Covenanters had now taken, the English levies were not yet fully prepared for the rencontre. In the month of July, the army was quartered chiefly in Yorkshire, on its route northward to Newcastle, where Lord Conway had his headquarters. On the 15th of August, that officer, who was General of the Cavalry, but at this time in the chief command, received intelligence of the intentions of the Scotch, and immediately wrote in great haste to Secretary Windebanke, warning the King of their certain approach.[260] On the 20th, the King set out hurriedly from London, in consequence of this information, and issued a proclamation the very day the Scotch had entered England, declaring that “all those of Scotland who have already entred, or hereafter shall presume to enter in an hostile manner into any part of the kingdom of England, and their adherents, assistants, and others, who shall supply them with money, &c., shall be adjudged traitors against his Majesty, his crown and dignity, and incur the penalties of high treason;” but declaring that he would forgive them if they would return to obedience, “and professeth it before God and the world, as often formerly and in his late declaration he hath done, that he never did nor will hinder his subjects of Scotland from the enjoying of their religion and liberties, according to the ecclesiastical, civil, and municipal laws of that kingdom, and according to his promise and their desires, subscribed by themselves at the Pacification,”[259] &c. This proclamation just left matters precisely as they stood, on a vague foundation, such as they were under the pacification of the last year, but gave no sanction, on the part of the King, to the sweeping enactments of the Estates in Scotland; and it had no effect.

On the 27th of August, the King, as well as Strafford, being then at York, exerting themselves to raise the requisite supplies of money, the latter dispatched a pacquet of instructions to Conway at Newcastle, the Scotch army being posted in its vicinity. Rushworth, the compiler of the Historical Collections, accompanied the courier who bore the pacquet, and he states that, on their arrival at Newcastle, they learnt that Conway had gone to the army near Newburn, whither they immediately went and found the General holding a Council of War with his Field Officers, about half a mile from the troops. On opening his dispatches, these contained orders to prepare the army for an engagement with the Scotch; and while the Council was in deliberation, a herald arrived “in all haste from the army, to acquaint the Lord Conway and Council of War, that the army was already engaged with the Scots, which seemed strange to them, because orders were given not to fight but upon the defence; but the Council of War suddenly broke up and hastened to the army.”[260]

When the Scotch army reached Newburn, on the 27th, a drummer had been sent to the English cantonments with certain despatches, but was driven back with them before reaching Newcastle; and the same evening the Scotch pitched their tents on Heddon-Law, above Newburn, from whence there was a declivity towards the river. During the night, they set fires all around their camp, which gave it the appearance of a vast extent; and, during the same night, a part of the King’s army, consisting of 3000 foot and 1500 horse, was drawn up in a meadow on the south side of the Tyne, called Newburn-Haugh, or Stella-Haugh, to oppose the Scotch passing the river during the night. There were two breastworks raised by the English, opposite to the two fords which the Scotch might pass at low water; and in each of these sconces were 400 men, with four field pieces. During all that night and the following day, the English troops were under arms, guarding the passage of the river, until an engagement commenced in the following manner:—the Scotch, having the vantage position, could see from their heights the whole force and disposition of the English army, they planted cannon in Newburn church steeple, and their infantry in the church, houses, lanes, and hedges.

While the opposing hosts were thus watching each other, and preparing for the fray, the horses from both armies were watered in the river during the forenoon of the 28th, without molestation on either side. But a Scotch officer, well mounted, with a feather in his hat, having gone to the river to water his horse, an English soldier, who had noticed that the officer eyed the sconces, fired upon and wounded him. He fell from his horse; on which the Scotch Musqueteers opened a fire on the English, and speedily the artillery on both sides, as well as the musketry, was brought into full play.

The fight continued till the tide had ebbed, and the river was left fordable; and, by this time, the Scotch cannon had made a breach in one of the breastworks, and many of the English were killed. Finally, notwithstanding the utmost efforts of the English officers, the men threw down their arms and fled, being exhausted with unintermitted service all the day and previous night, under arms and in the battle. The Scotch commander, seeing from his height, this discomfiture of his antagonists at one point, ordered a forlorn party of twenty-six, being gentlemen of the College of Justice troop, to pass the river, which they did rapidly, their orders being to discover the plight of the other breast-work not yet silenced. But a brisk fire was kept up on it; and at length the English were compelled to retreat from it also; on which more cavalry, commanded by Sir Thomas Hope, and two regiments of foot, commanded by Lords Crauford-Lindsey and Loudoun, waded through the river. Simultaneously with this movement, Leslie opened a battery on the English cavalry, exposed to the range of his guns; and speedily a retreat was sounded. A portion of the cavalry attempted to cover the retreat up Ritan and Stella Banks; but the Scotch having now passed the ford in sufficient numbers, overpowered and took them prisoners. The loss in this skirmish was inconsiderable—only about sixty of the English having been killed, although, doubtless, many were wounded. The accounts, however, on this point do not agree.

The English army effected its retreat to Newcastle; and at midnight a council of war was held, when it was resolved that the whole army should retreat to Durham, which it did next morning (29th) at five o’clock, leaving Newcastle unprotected and open to the Scotch troops. During the afternoon of that day, Douglas, Sheriff of Teviotdale, went with a trumpet and some troops of cavalry to the gates of Newcastle, demanding a surrender; and being threatened with some batteries of ordnance, the Mayor, after some parly, opened the gates. “Next day, being Sunday, fifteen [Scotch] Lords and Douglas came and dined with the Mayor—drank a health to the King—had their sermons that day by their own divines;” and on Monday, Leslie, pitched his camp on Gateside hill, in the vicinity of Newcastle.[261]

Having thus obtained decisive success in their first enterprise, and an advantageous position, the Scotch leaders availed themselves of their victory, but with moderation. They agreed for supplies, which they required, but gave money in part, and security for the balance. Their occupation of Newcastle, however, and the retreat of the King’s army, produced the greatest consternation. Of the ten thousand persons employed in the coal mines, not a man was to be seen. Four or five hundred vessels, employed in the coal trade, either sailed from the river, or refrained from entering it, when they discovered the state of matters; and for several days all the shops were shut, and many families fled, leaving their houses and property at the mercy of the Scotch. The panic spread to Durham, where the shops were all shut, and not one house in ten was occupied by its possessors, who had fled for safety. The English army continued its retreat from Durham towards York. The Bishop and clergy of Durham, too, all fled; among whom was Dr Balcanquell, who had no desire, it is to be presumed, to experience the tender mercies of the Sheriff of Teviotdale and Lord Kirkcudbright, or the spiritual consolations of “Master Andro Cant.”

The news of this defeat reached Strafford at Darlington the day after. He was on his way to join the army before any engagement should take place. But he now sent orders to the troops, in full retreat, to rally and concentrate in Yorkshire. The King had, at that time, reached Northallerton on his way to the army; but, on learning the unfortunate issue of the first conflict, he immediately returned to York; and next day Strafford issued an order to the soldiers to destroy all millstones on their retreat.

When the Royal army was mustered at York, it was found to amount to 17,383; and, on the 31st of August, the King issued a summons to all the Lords, spiritual and temporal, and other Nobles, to attend his Majesty at York, and, the same day, issued an order to the Earl of Craufurd to engage a hundred Scotch officers in his service.

On the 4th of September, his Majesty received a Petition from the Commissioners of the late Parliament in Scotland, in a letter to the Earl of Lanerick, to which an answer was next day returned;[262] and, on the 7th, a writ was issued summoning a council of the Peers at York, upon, the 24th of the month.[263] Upon the 8th, the Scotch Commissioners sent a second letter to Lanerick; and, on the 9th, they sent another to the Lord Mayor and Aldermen of London, setting forth the objects and purposes of their expedition; and, about the same time, the Earl of Essex and other Noblemen, and the Citizens of London, also applied, by petition, to his Majesty to call a Parliament, which last the Privy Council endeavoured, in vain, to quash. The purport of all these documents, will be most satisfactorily seen in the writings themselves;[264] and the result of the whole was, that the King appointed Commissioners to meet others from the Scotch at Rippon, to treat of peace, and called a Parliament for the 3d of November. The negotiations were afterwards transferred to London; and the combined movements of the English and Scottish malcontents ultimately ended in a great revolution throughout the British empire, of which it is difficult, even in later times, to predicate whether the evils or the benefits preponderated.

The negotiations at Rippon commenced on the 1st of October, and, on the 23d of that month, were transferred to London, that the English Noblemen might attend the Parliament summoned to meet there, in the beginning of November; and a cessation of hostilities was agreed on.[265] It is needless here to enumerate all the points of treaty, which were necessarily very numerous and complicated. From that affair, therefore, we turn, for a brief space, to the proceedings in the Long Parliament of England, which was opened by the King on the 3d of November, and in which, the discontented party having a preponderance, proceeded at once to the most decisive courses.

Strafford, by his energy and decision of character, although he had governed Ireland for eight years with great advantage to the State, became peculiarly obnoxious to the malcontents, English, Scottish, and Irish, by reason of his devotion to the King’s service, and his high talents and vigour. Whenever, therefore, he appeared in London, a vehement and preconcerted attack was made upon him in the House of Commons, on the 11th of November. Pym led on the attack, imputing it to Strafford that he was one of the chief among those who had formed a deliberate plan for changing the form of Government, and subverting the ancient laws and liberties of the kingdom; and, after various elaborate invectives, it was moved that he should be immediately impeached for high treason. This motion was unanimously adopted, nor was even one man found who had the moral courage to utter a word in his defence. The impeachment was instantly voted and carried to the upper house, where Strafford, who had just entered, unaware of what had been secretly carried through in the other house, and who had come to London under a royal guarantee that the Parliament should not touch a hair of his head, was ordered into custody; and soon after Laud was similarly treated, and, with Strafford, sent to the Tower.

It belongs to the History of England to trace these and other proceedings of the Long Parliament to their issues; but one of the immediate effects was a close alliance betwixt the leaders of the Opposition and the Scottish Commissioners then in London, with whom they made common cause against the King and his supporters. Rothes, Loudoun, and other Scottish Statesmen, with an auxiliary force of clergymen, availed themselves of this alliance; and, while in London, busied themselves, not exclusively in effecting a favourable conclusion to the treaty, but in preaching and intriguing for the subversion of the English hierarchy and planting Presbytery in its stead; and they joined their moiety of accusations against Strafford and Laud, before the English Parliament, as incendiaries and prime causes of all their own grievances. They were not inattentive, however, to the business of their mission, and made various demands in the negotiations, of very considerable importance:—That the Acts of the late Parliament of Scotland should be ratified and published by the King; that public incendiaries, who had excited hostilities betwixt the two kingdoms, should be referred to the judgment of the respective Parliaments, and not afterwards exempted from the punishments which might be awarded; and these, with some subordinate matters about indemnification for losses, &c., constituted the particulars for which they contended. To these demands the King was, at length, (15th December,) constrained to yield by the necessity of his circumstances; and thus his favourite Episcopacy was not only overthrown in Scotland, but shaken to its foundation in England; the royal prerogatives were virtually relinquished; and the whole power of the State vested in the democratic oligarchies of both kingdoms, under the guidance of aristocratical leaders; and every man who had hazarded life and fortune, in what he deemed a loyal adherence to his Sovereign, was thus delivered over to the arbitrary power of these semi-republican Conventions. Among other boons conferred on the Scottish by the English Parliament, was the sum of £300,000 for “brotherly assistance”—a subsidy which was by many understood, not merely as an indemnification for the expense of their expeditions, but as a consideration, for similar instances of fraternal aid, should the malcontent party in England require it on some future occasion.[266]

The final pacification, however, was not concluded till the 7th of August, 1641, when both armies were immediately disbanded; but during the dependence of the treaty, the General Assembly, of the year 1641, met at St Andrew’s, on Tuesday the 20th of July—John Earl of Weymes being the King’s Commissioner. A deputation from the Parliament having craved that its sittings should be transferred to Edinburgh, their request was complied with; and an adjournment to that city, where its next sederunt was appointed to be held on the 27th, took place. At the adjourned meeting, Mr Alexander Henderson was once more chosen Moderator.

We may just remark, that, during the protracted negotiations now alluded to, the Scottish Commissioners and Ministers, in the moat indecent manner, exerted themselves to overthrow the Church of England. Henderson and Gillespie wrote and published tractates against it. They openly approved of what was called the “Root and Branch Petition” of the English nonconformists, and went the length of presenting to the King a paper, in which they demanded “unity of religion and uniformity of Church government”—in other words, the adoption of the Presbyterian Covenant, and the coercive edicts for its adoption; thus violating their duty as negotiators for the affairs of Scotland only, and invading the rights and privileges of an independent nation; fostering the spirit of intolerance and revolution; and propelling the movement in which the Throne and both the Protestant Churches were, for many sad years, involved in one common ruin.

This intrusion, by the Scotch Covenanters, into the internal affairs of England, and their zealous exertions for the overthrow of its ecclesiastical establishment, and the destruction of Strafford and Laud, is one part of their conduct of which we have never seen any tenable defence, and which, on every sound principle of international law, was altogether unwarrantable, and incapable of justification. Whatever be the relative merits of Episcopacy and Presbytery, whatever the misdemeanours of Strafford, of Laud, or of other English counsellors of the King—these were matters with which the Scottish Commissioners, in their diplomatic character as the ambassadors of Scotland, had no earthly warrant to intermeddle. Strafford and Laud were the sworn Privy Councillors of England; and whether the advice they gave in that capacity, or the services which they rendered to the King, were, in the opinion of these Scotchmen, right or wrong—they were responsible only to their Sovereign, and not amenable to the English Parliament at the instance of any knot of foreigners, who had no title, under any theory of the law of nations ever yet recognised, to impeach men in such circumstances. The whole proceedings against Strafford were an utter disgrace to the Parliament of England. He was not accused of any single offence which subjected him, under the well-defined law of England, to the penalties of high treason, wherewithal a bill of attainder charged him; and the first principles of all civilized jurisprudence were grossly outraged in the judgment by which, although each item of imputed offence was found insufficient, yet, by accumulating them all, they were construed to amount to that crime. But Strafford was a doomed man; the first victim of that reign of terror which thus commenced—consigning to the scaffold a brave, loyal, and splendid man, in violation of every principle of universe as well as of municipal law—robbing the monarch of his brightest attribute—and plunging the two kingdoms into the vortex of a fierce democracy, which henceforward filled the land with tyranny and hypocricy under the mask of Religion and Liberty. In the guilt of that foul judicial murder, the leaders of the Scotch Covenanters were deeply implicated; and we record the fact with shame and sorrow, upon grounds of historical evidence which we believe cannot be shaken.

Before reprinting the Acts of Assembly 1641, it may be proper to note, cursorily, the general proceedings of the previous year, which either do not appear at all, or but partially, in the printed Acts of that Assembly.

1. The greater part of the Assembly’s time was occupied in the transportation of ministers, about which the patrons, presbyteries, and parishes had many keen contests. Amongst others, Andro Cant was removed from Newbottle to Aberdeen, and Robert Ramsay to Glasgow.

2. Rigorous proceedings were adopted against the Aberdeen Doctors who had repudiated the Covenant. Dr Sibbald was deposed for alleged heterodoxy and contumacy, and was ordained to be further proceeded against, if he did not give speedy satisfaction. Doctors Forbes and Scroggie were found guilty of Arminianism, &c., but were allowed a year to repent; and a new Commission on the College was appointed.

3. Besides passing Acts against the profanation of the Sabbath, witches, and idolatrous monuments, the Elders and Magistrates of Burghs were directed to attend the Presbyteries of the Church, for the more effectual enforcement of their decrees by the concurrence of civil authority.

4. The controversy was agitated about Private Conventicles, of which Baillie gives a minute account.[267]

* * * * *

THE PRINCIPALL ACTS OF THE GENERALL ASSEMBLY HOLDEN AT ST ANDREWS AND EDINBURGH, 1641.

Sess. I. 20 July 1641.

Iohn Earle of Weymes, His Majesties commissioner, presented His Majesties Letter to the Assembly, whereof the tenor followeth.

CHARLES R.

Trustie and welbeloved, Wee greet you well. It is no small part of Our Royall care and desires, that the true Reformed Religion, wherein by the grace of God, We resolve to live and dye, be settled peaceably in that Our ancient and native Kingdome of Scotland, and that the same be truly taught, and universally received and professed by Our Subjects there, of all degrees. For preventing of all division and trouble hereafter, We did intend in Our Own Royall Person, to have been present at this Assembly; but conceiving it to be unfitting, to detaine the Ministers from their particular charges, till the time of Our coming to the Parliament, We have resolved to make knowne unto you by these, and by Our Commissioner, That in the approching Parliament, it is Our intention by Our authority, to ratifie and confirm the Constitutions of the late Assembly at Edinburgh, that they may be obeyed by all Our Subjects living in that Our Kingdome. And that We will take into Our Royall consideration, by what meanes the Churches belonging to Our presentation, when any of them shall happen to vaik, may be best provided with well qualified Preachers: Like as We are not unwilling to grant presentations unto such as in these times of trouble have entred into the Ministerie, providing they have been examined by the Presbyteries, and approved by them: Because We want not Our own feares of the decay of Learning in that Church and Kingdome, We intend also to consider of the best meanes for helping the Schooles and Colledges of Learning especially of Divinity, that there may be such a number of Preachers there, as that each Parish having a Minister, and the Gospel being preached in the most remote parts of the kingdome, all Our Subjects may taste of Our care in that kinde, and have more and more cause to blesse God that we are set over them. And, finally, so tender is Our care, that it shall not be Our fault if the Churches and Colledges there flourish not in Learning and Religion: For which Royall testimonie of Our goodnesse, We require nothing upon your part, but that which God hath bound you unto, even that you be faithfull in the charge committed unto you, and care for the soules of the people: That you study Peace and Unity amongst your selves, and amongst the people, against all Schisme and Faction; and that you not only pray for Us, but that you teach the People, which We trust are not unwilling to pay that honour and obedience which they owe unto Us, as his Vicegerent set over them, for their good; wherein We expect you will by your good example goe before them. Which hoping you will doe, We bid you farewell. From Our Court at Whitehall, the 10 day of July 1641.

* * * * *

Sess. III. 28 July 1641.

Act approving the Overtures of the Assembly at Aberdene, for ordering the Assembly-House.

The Overtures for ordering the Assembly-House, given in to, and approved by the Assembly of Aberdene the 29 July 1640, Act Sess. 2, were openly read, and again approved by this Assembly, and ordained to be kept the whole time thereof.

* * * * *

Sess. V. 30 July 1641.

Act anent old Ministers bruiking their Benefices.

The Assembly having considered the Supplication given in by Doctor Robert Howie, Provest of the New Colledge of S. Andrews, whereby he craved, that (notwithstanding of his dismission of his charge) he should not be prejudged of his full provision and maintenance during his life-time: The Assembly thinks it fit and necessary, that his provision and maintenance should not be diminished, but that he should injoy the same fully, as of before, during all the dayes of his life-time, and craveth his dismission to be only but a cessation from his charge, because of his age and inability: And declares, that old Ministers and professors of Divinitie, shall not by their cessation from their charge, through age and inabilitie, be put from injoying their old maintenance and dignity. And recommends this and others the like things, concerning the estate of that Universitie of S. Andrews, to the Parliament, and the Visitation to be appointed from the Assembly and Parliament. And likewise the Assembly being informed, that the said Doctor Howie hath been very painfull in his charge, and that he hath divers papers which would be very profitable for the Kirk: Therefore they think fit, that the said Doctor Howie be desired to collect these papers, which doeth concerne, and may be profitable for the use of the Kirk, that the samine may be showne to the Visitors of the said Universitie.

* * * * *

Sess. VIII. 2 Aug. 1641, à meridie.

Act against sudden receiving Ministers deposed.

The Assembly ordaines, that Ministers who are deposed either by Presbyteries, Synods, or Generall Assemblies, or Committees from Assemblies for the publike cause of the Reformation and order of this Kirk, shall not be suddenly received againe to the Ministerie, till they first evidence their repentance both before the Presbyterie and Synod, within the bounds where they were deposed, and thereafter the samine reported to the next ensuing Generall Assembly.

* * * * *

Sess. IX. Aug. 3, 1641.

The Overtures under-written, concerning the Universities and Colledges of this Kingdome, to be represented by the Generall Assembly to the Kings Majesty and Parliament, being openly read, the Assembly approved the saids Overtures, and ordained them to be recommended to the Parliament.

First, because the good estate both of the Kirk and Commonwealth, dependeth mainly upon the flourishing of Universities and Colledges, as the Seminaries of both, which cannot be expected, unlesse the poore meanes which they have, be helped, and sufficient revenues be provided for them and the same well imployed: Therefore that out of the rents of Prelacies, Collegiat or Chapter-Kirks, or such like, a sufficient maintenance be provided for a competent number of Professors, Teachers, and Bursers in all faculties, and especially in Divinitie, and for upholding, repairing, and enlarging the Fabrick of the Colledges, furnishing Libraries, and suchlike good uses in every Universitie and Colledge.

II. Next for keeping of good order, preveening and removing of abuses, and promoving of pietie and learning, it is very needful and expedient that there be a communion and correspondence kept betwixt all the Universities and Colledges. And therefore that it be ordained, that there be a meeting once every year at such times and places as shall be agreed upon, of Commissioners from every University and Colledge to consult and determine upon the common affairs, and whatsoever may concerne them, for the ends above-specified, and who also, or some of their number, may represent what shall be needfull and expedient for the same effect, to Parliaments and Generall Assemblies.

III. Item, that speciall care be had that the places of the Professors, especially of Professors of Divinity in every University and Colledge, be filled with the ablest men, and best affected to the Reformation and order of this Kirk.

* * * * *

Sess. X. Aug. 4, 1641.

Act against Impiety and Schisme.

The Assembly seriously considering the present case and condition of this Kirk and Kingdom, what great things the Lord hath done for us, especially since the renewing of our Covenant, notwithstanding our former backsliding and desertion; and if we shall either become remisse in the dueties of Piety, or shall not constantly hold & keep our Religion, unto which we have bound our selves so straitly & solemnly, what dishonour we doe unto the name of God before men, who have their eyes upon us, and how great judgements we bring upon our selves, upon these and the like considerations, The Assembly doth finde it most necessary to stirre up themselves, and to provoke all others both Ministers and people of all degrees, not only to the religious exercises of publike worship in the Congregation, and of private worship in their Families, and of every one by themselves apart, but also to the dueties of mutuall edification, by instruction, admonition, exhorting one another to forwardnesse in Religion, and comforting one another in whatsoever distresse; and that in all their meetings, whither in the way of civill conversation, or by reason of their particular callings, or any other occasion offered by divine providence, no corrupt communication proceed out of their mouth, but that which is good to the use of edifying, that it may minister grace unto the hearers: And because the best means have been, and may still be despised or abused, and particularly the duetie of mutuall edification, which hath been so little in use, and so few know how to practise in the right manner, may be upon the one part subject to the mocking of ungodly and worldly men, who cannot endure that in others which they are not willing to practise themselves, and upon the other part, to many errors and abuses, to which the godly through their weaknes may fall, or by the craftinesse of others may be drawn into, such as are Error, Heresie, Schisme, Scandall, Self-conceit, and despising of others, pressing above the common calling of Christians, & usurping that which is proper to the Pastoral Vocation, contempt or misregard of the publike means, idle and unprofitable questions which edifie not, uncharitable censurings, neglect of duties in particular callings, businesse in other mens Matters and Callings, and many such others in doctrine, charity, and manners, which have dolefully rent the bowels of other Kirks, to the great prejudice of the Gospel.

Therefore the Assembly, moved with the zeal of God against all abuses and corruptions, and according to their manifold obligations, most earnestly desiring and thirsting to promove the work of Reformation, and to have the comfort & power of true godlinesse sensible to every soul, and Religion to be universally practised in every Family, and by every person at all occasions, Doth charge all the Ministers and Members of this Kirk, whom they doe represent, that according to their severall places and vocations, they endeavour to suppresse all impiety and mocking of religious exercises, especially of such as put foule aspersions, and factious or odious names upon the godly. And upon the other part, that in the fear of God they be aware and spiritually wise, that under the name and pretext of religious exercises, otherwayes lawfull and necessary, they fall not into the aforesaid abuses; especially, that they eschew all meetings which are apt to breed Error, Scandall, Schisme, neglect of dueties and particular callings, and such other evills as are the works, not of the spirit, but of the flesh, and are contrary to truth and peace; and that the Presbyteries and Synods have a care to take order with such as transgresse the one way or the other.

* * * * *

Sess. XIIII. 6 Aug. 1641, à meridie.

Act anent Novations.

Since it hath pleased God to vouchsafe us the libertie of yearly Generall Assemblies, It is ordained according to the Acts of the Assembly at Edinburgh 1639, and at Aberdene 1640, that no Novation in doctrine, worship, or government, be brought in, or practised in this Kirk, unlesse it be first propounded, examined, and allowed in the Generall Assembly, and that trangressors in this kinde be censured by Presbyteries and Synods.

* * * * *

Act Sess. XV. 7 Aug. 1641.

Overtures anent Bursars and Expectants.

The Overtures under-written being openly read in audience of the Assembly, were approved, and declared by them to be Acts of the Assembly, in all time coming, to be observed respectivè, as the samine bears.

I. The Assembly thinks meet for maintaining of Bursars of Divinitie, that every Presbyterie that consists of twelve Ministers, shall maintain a Bursar, and where the number is fewer nor twelve, shall be joyned with these out of another Presbyterie where their number exceeds: where this course is not already kept, it is to be begun without longer delay, and every Provinciall is ordained to give an accompt of their number of Bursars, that is constantly to be entertained by their Province, at the next ensuing Generall Assembly.

II. No expectant shall be permitted to preach in publike before a Congregation, till first he be tryed after the same manner, howbeit not altogether with that accuracie which is injoyned by the Act of the Assembly of Glasgow 1638, which prescribes the order and manner of tryall, that is to be kept with these who are to be admitted to the holy Ministrie: and none so tryed shall preach in publike, without the bounds of the University or Presbyterie where he past his tryalls, till he first make it known to the other Presbyteries, where he desires to be heard, by a testimoniall from the Universitie or Presbyterie where he lived, that he hath bin of an honest conversation, and past his tryalls conform to the order here prescribed: Which being done in the meeting of the Province or Presbyterie, where he desires to be heard; he is to be allowed by them to preach within the bounds of that Province or Presbyterie, without any further tryall to be taken of him.

III. Expectants being educate in a colledge that was corrupt, or under a corrupt Minister, if they themselves have been known to have been tainted with error, or opposite to our Covenant, and the blessed Work of Reformation within this Kirk, the same order is to be kept in admitting them to the holy Ministrie, or to any place in the Colledges or Schooles of this Kingdome, that was ordained to be kept in admission of these Ministers who fled out of the Countrey, and shew themselves opposite to our Covenant and Reformation.

* * * * *

Act Sess. XVII. Aug. 9, 1641.

Act against unlawfull Bands.

The Assembly taking to their consideration the question proponed unto them concerning the Band, the copy whereof was presented before them from the Parliament, doth find and declare that Bands of this and the like nature, may not lawfully be made: By which Declaration the Assembly doth not intend to bring any censure for what is past, and by the wisedome and care of the Committee of the Parliament is taken away, upon any person, who being required by the Moderator and the Clerk, shall under his hand declare before them, That as the Assembly doth finde that the subscribers are not astricted by their Oath to the tenor of the said Band, so he findeth himself not to be astricted by his Oath to the tenor thereof; but the intention of the Assembly is meerly to prevent the like in time coming.

* * * * *

Sess. XVIII. 9 Aug. 1641, à meridie.

A Letter from some Ministers in England to the Assemblie.

Right Reverend and dear Brethren now conveened in this Generall Assembly.

Wee most heartily salute you in the Lord, rejoycing with you in his unspeakable goodnesse, so miraculously prospering your late endeavours, both for the restoring and settling of your own Liberties and Priviledges, in Church and Commonwealth (which we heare and hope he is now about to accomplish) as also for the occasioning and advancing of the Worke of Reformation among our selves; for which as we daily blesse the highest Lord, sole Author of all our good, so doe we acknowledge your selves worthy Instruments thereof. And for that (besides all other respects) doe, and ever shall (by the help of God) hold you deare unto us, as our own bowels, and our selves obliged to render unto you all due correspondence according to our power, upon all good occasions.

And now (deare Brethren) forasmuch as the Church of Christ is but one body, each part whereof cannot but partake in the weale and woe of the whole, and of each other part; and these Churches of England and Scotland, may seem both to be imbarqued in the same bottome, to sink and swim together, and are so near conjoyned by many strong tyes, not only as fellow-members under the same Head, Christ, and fellow-subjects under the same King; but also by such neighbour-hood and vicinity of place that if any evill shall much infest the one, the other cannot bee altogether free: or if for the present it should, yet in processe of time it would sensibly suffer also. And forasmuch as evills are better remedied in their first begining, then after they have once taken deep root; therefore we whose names are here under-written, in the behalf of our selves, and of many others, Ministers of the Church of England, are bold to commend to your consideration (being met together in this venerable Assembly) a difference of great concernment, which you may please (in brief) thus to understand. Almighty God having now of his infinite goodnesse, raised up our hopes of removing the yoke of Episcopacie (under which we have so long groaned) sundry other forms of Church-government are by sundry sorts of men projected, to be set up in the roome thereof: one of which (amongst others) is of some Brethren that hold the whole power of Church-government, and all Acts thereunto appertaining (as Election, Ordination, and Deposition of Officers, with Admission, Excommunication, and Absolution of Members) are by divine Ordinance in foro externo, to be decreed by the most voyces, in, and of every particular Congregation, which (say they) is the utmost bound of a particular Church, endued with power of government, and only some Formalities of solemne execution to be reserved to the Officers (as servants of the saids Church) if they have any, or if none, then to be performed by some other members, not in office, whom the said Church shall appoint thereunto: And that every of the said particular Congregations (whether they consist of few or many members, and be furnished with Officers or not) lawfully may and ought to transact, determine, and execute all matters pertaining to the government of themselves, amongst and within themselves without any authoritative (though not consulatory) concurrence or interposition of any other persons or Churches whatsoever, condemning all imperative and decisive power of Classes, or compound Presbyteries and Synods, as a meere usurpation. Now because we conceive that your judgement in this case may conduce much by the blessing of God, to the settling of this question amongst us; Therefore we doe earnestly intreat the same at your hands, and that so much the rather, because we sometimes hear from those of the aforesaid judgment, that some famous and eminent Brethren, even amongst your selves, doe somewhat encline unto an approbation of that way of government. Thus humbly craving pardon for our boldnesse, leaving the matter to your grave considerations, and expecting answer at your convenient leasure, We commit you, and the successe of this your meeting, to the blessing of the Almighty, in whom we shall ever remain,

Your faithfull Brethren to serve you in all offices of love.

London, 12 July, 1641.

The Assemblies Answer to the English Ministers Letter.

Right reverend and dearly beloved Brethren in our Lord and common Saviour Jesus Christ.

Wee the Ministers and Elders met together in this Nationall Assembly, were not a little refreshed and comforted by the good report which we heard of you, and others of our Brethren of the Kirk of England, by some of our Ministers who, by the good providence of our Lord, had seen your faces and conversed with you. But now yet more comforted by your Letters which we received, and which were read in the face of the Assembly, witnessing your Christian love, and rejoycing with us in God for his great and wonderfull Work in the Reformation of this Kirk, and in the beginning of a blessed Reformation amongst your selves, and that you are so sensible of your communion and fellowship with us, and to desire to know our minde and judgement of that which some Brethren amongst you hold, concerning Kirk-government.

We doe with our hearts acknowledge and wonder at the great and unspeakable wisedome, mercie, and power of our God, in restoring unto us the truth and puritie of Religion, after many Back slidings and defection of some in this Kirk, and desire not only to confesse the same before the world, and all other Christian Kirkes, but also doe pray for grace to walk worthy of so wonderfull a love: We have been helped by your prayers, in our weak endeavours, and you have mourned with us (we know) in the dayes of our mourning; and therefore is it that you doe now rejoyce and praise God with us: Neither are we out of hope, but the same God shall speedily perfect that which he hath begun amongst you, that your joy may be full: which is the desire of our soule, and for which we doe now pray, and in our severall Congregations will be instant at the throne of grace, for this and all other spirituall and temporall blessings upon the Kirk and Kingdome of England, by name, expecting the like performance of mutuall love from you, and others equally minded with you, for your parts, till a common consent may be obtained, even that you will recommend the Kirk of Scotland, by name, in your prayers to God. Thus shall we be as one people, mourning and rejoycing, praying and praising together; which may be one meane of the preservation of Unity, and of many other blessings to us both.

We have learned by long experience, ever since the time of Reformation, and specially after the two Kingdomes have been (in the great goodnesse of God to both) united under one Head and Monarch, but most of all of late, which is not unknown to you, what danger and contagion in matters of Kirk-government, of divine worship, and of doctrine, may come from the one Kirk to the other, which beside all other reasons, make us to pray to God, and to desire you, and all that love the honour of Christ, and the peace of these Kirks and Kingdomes, heartily to endeavour, that there might be in both Kirks, one Confession, one Directory for publike worship, one Catechisme, and one Forme of Kirk-government. And if the Lord who hath done great things for us, shall be pleased to hearken unto our desires, and to accept of our endeavours, we shall not only have a sure foundation for a durable Peace, but shall be strong in God, against the rising or spreading of Heresie and Schisme amongst our selves, and of invasion from forraine enemies.

Concerning the different Formes of Kirk-government, projected by sundrie sorts of men, to be set up in place of Episcopall Hierarchie, which we trust is brought near unto its period, we must confesse, that we are not a little grieved that any godly Ministers and Brethren should be found, who doe not agree with other Reformed Kirks in the point of government as well as in the matter of Doctrine and Worship; and that we want not our own feares, that where the hedge of Discipline and Government is different, the Doctrine and Worship shall not long continue the same without change: yet doe not marvell much, that particular Kirks and Congregations which live in such places, as that they can conveniently have no dependencie upon superiour Assemblies, should stand for a kind of independencie and supremacie in themselves, they not considering that in a Nation or Kingdome, professing the same Religion, the government of the Kirk by compound Presbyteries and Synods is a help and strength, and not a hinderance or prejudice to particular Congregations and Elderships, in all the parts of Kirk-government; and that Presbyteries and Synods are not an extrinsecall power set over particular Kirks, like unto Episcopall dominion, they being no more to be reputed extrinsecall unto the particular Kirks, nor the power of a Parliament, or Convention of Estates, where the Shires and Cities have their own Delegates, is to be held extrinsecall to any particular Shire or City.

Our unanimous judgement and uniforme practice is, that according to the order of the Reformed Kirks, and the ordinance of God in his Word, not onely the solemne execution of Ecclesiasticall power and authoritie, but the whole acts and exercise thereof, do properly belong unto the Officers of the Kirk; yet so that in matters of chiefest importance, the tacite consent of the Congregation be had, before their decrees and sentences receive finall execution, and that the Officers of a particular Congregation may not exercise this power independently, but with subordination unto greater Presbyteries and Synods, Provinciall and Nationall; which as they are representative of the particular Kirks conjoyned together in one under their government; so their determination, when they proceed orderly, whether in causes common to all, or many of the Kirks, or in causes brought before them by appellations or references from the inferiour, in the case of aberation of the inferiour, is to the severall Congregations authoritative and obligatorie, and not consultatory only: And this dependencie and subordination, we conceive not only to be warranted by the light of nature, which doth direct the Kirk in such things as are common to other societies, or to be a prudentiall way for Reformation, and for the preservation of Truth and Peace, against Schisme, Heresie, and Tyranny, which is the sweet fruits of this government wheresoever it hath place, and which we have found in ancient and late experience; but also to be grounded upon the Word of God, and to be conforme to the paterne of the Primitive and Apostolicall Kirks; and without which, neither could the Kirks in this Kingdom have been reformed, nor were we able for any time to preserve Truth and Unity amongst us.

In this forme of Kirk-government, our unanimity and harmony by the mercy of God, is so full and perfect, that all the Members of this Assembly have declared themselves to be of one heart, and of one soule, and to be no lesse perswaded, that it is of God, then that Episcopall government is of men; resolving by the grace of God, to hold the same constantly all the dayes of our life, and heartily wishing that God would blesse all the Christian Kirks, especially the famous Kirk of England, unto which in all other respects we are so nearly joyned with this divine Forme of government. Thus having briefly and plainly given our judgement for your satisfaction, and desiring and hoping that ye will beleeve against all mis-reports, that we know not so much as one man, more or lesse eminent amongst us, of a different judgement, we commend you unto the riches of the grace of Christ, who will perfect that which he hath begun amongst you, to your unspeakable comfort. Subscribed by our Moderator and Clerk.

Edinburgh, 9 Aug. 1641.

The Assemblies Answer to the Kings Majesties Letter.

MOST GRACIOUS SOVERAIGN,

Beside the conscience of that duetie which we owe to supreme Authority, we are not only encouraged, but confirmed by the Royall favour and Princely munificence, expressed in Your gracious Majesties Letters, which filled our hearts with joy, and our mouths with praise, to offer up our prayers with the greater fervencie to God Almightie for Your Majesties happinesse, our selves for our own parts, and for the whole Kirks of this your Majesties Kingdome, which we doe represent, to serve Your Majestie in all humble obedience, our faithfull labours for preserving Trueth and Peace amongst all Your Majesties Subjects, and our example (according to Your Majesties just commandments laid upon us) to be a presedent to others in paying that honour, which by all Lawes divine and humane, is due unto Your sacred Majestie, being confident that your Majestie shall finde at your coming hither much more satisfaction and content than can be expressed by

Your Majesties most humble Subjects and faithfull servants, the Ministers and Elders met together in the venerable Assembly at S. Andrews, July 20, and Edinburgh, July 27, 1641.

Act anent the Kirk of Campheir.

The which day a motion was made in the Assembly, that it seemed expedient for correspondence that might be had from forraigne parts, for the weal of this Kirk, That the Scots Kirk at Campheir were joyned to the Kirk of Scotland, as a Member thereof: Which being seriously thought upon and considered by the Assembly, they approved the motion, and ordained M. Robert Baillie Minister at Cilwinning, to write to M. William Spang Minister at Campheir, and Kirk Session thereof, willing them to send their Minister, and a ruling Elder, instructed with a Commission to the next Generall Assembly to be holden at S. Andrews, the last Wednesday of July 1642, at which time they should be inrolled in the Books of the Generall Assembly, as Commissioners of the Generall Assembly of Scotland, from the Scots Kirk at Campheir.

* * * * *

The Assembly appoints the next Generall Assembly to be holden at S. Andrews, the last Wednesday of July next 1642.

FINIS.

* * * * *

INDEX of the PRINCIPALL ACTS of the ASSEMBLY holden at S. ANDREWS and EDINBURGH, 1641. Not Printed.

1.—His Majesties Commission to Iohn Earle of Weemes.

2.—A Letter from the Parliament to the Generall Assembly.

3.—Act anent the continuation of M. Andrew Ramsay Moderator.

4.—His Majesties Letter to the Assembly.

5.—Act anent the translation of the Assembly from S. Andrews to Edinburgh.

6.—Election of M. Alex. Henderson Moderator.

7.—Declaration of the Assemb. anent the translation thereof to Edinburgh.

8.—Act for drawing up one Catechisme, one Confession of Faith, Directory of publike worship and form of Kirk-government.

9.—Act anent M. Andrew Ramsays delivery to the Clerk the Books, Warnesins Book, and others, which he received at Aberdene.

10.—Overtures anent transportation of Ministers, and plantation of Schooles, recommended to be advised by Synods.

11.—Ref. to the Parl. anent the Kirks of Dunkeld.

12.—Act anent M. David Calderwood.

13.—Commis. anent erecting a Presb. in Biggar.

14.—Com. for visitation of Orknay and Zetland.

15.—Act anent bringing of the Synode Books to the Assemblies.

16.—Ref. from the Parl. anent a Band and a Paper called a Manifesto.

17.—Act anent the deleting of the E. of Traquairs Declaration out of the Books of Secret Councell.

18.—Report of Overtures made anent the Plantation of Kirks in the High-lands.

19.—Commission for visitation of the Universitie of S. Andrews.

20.—Commis. for Visitation of the Universitie of Glasgow.

21.—Commis. to attend the Parliament.

22.—Ref. to that Commis. anent the Presb. of Sky.

=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1640-41.

1640.—August 15.

1. Letter from Lord Conway to Secretary Windebanke, announcing the Approach of the Scotch Army.[268]

MR SECRETARY,

My time is very short. I now received your Letter. I have within these two hours word brought to me, [I pray you tell my Lord of Canterbury, that it is by that man I did write last to him, that I have sent into Scotland and gave him sixteen pounds,] that the Scotch Army, as he doth assure me upon his life, and bids me hang him if it be not so, will upon Munday or Tuesday next come into England, that they will upon Saturday be before this Town, which they say they will take or here be broken, from hence they intend to go to Yorkshire, &c.

Your most humble servant,

CONWAY AND KILULTA.

Newcastle Aug. 15, 1640.

1640.—August 21.

2. Six Considerations of the Lawfulness of their Expedition into England, manifested.[269]

As, from the beginning till this time, we have attempted nothing presumptuously in this great work of Reformation, but have proceeded upon good grounds, and have been led forward by the good hand of God; so now, from our own perswasion, are we ready to answer every one that asketh us a reason of this our present expedition, which is one of the greatest and most notable parts of this wonderful work of God, beseeching all to lift up their minds above their own particulars, and, without prejudice or partiality, to lay to heart the Considerations following:—

First, As all men know and confess what is the great force of necessity, and how it doth justifie actions otherways unwarrantable, so it cannot be denyed but we must either seek our peace in England at this time, or lye under the heavy burdens which we are not able to bear.

1. We must maintain Armies on the Borders, and all places nearest to hazard, for the defence and preservation of our Countrey, which, by laying down of Armes, and disbanding of our Forces, should be quickly over-run by hostile invasion and the incursions of our enemies.

2. We shall want trade by Sea, which would not only deprive the Kingdom of many necessaries, but utterly undo our Boroughs, Merchants, Mariners, and many others who live by Fishing, and by Commodities Exported and Imported, and whose particular callings are utterly made void, by want of Commerce with other Nations and Sea-trade.

3. The Subjects through the whole Kingdom shall want administration of Justice; and although this time past the marvellous power and providence of God hath kept the Kingdom in order and quietness, without any Judicatories sitting, yet cannot this be expected for afterward, but shall turn to confusion. Any one of the three, much more all of them put together, threaten us with most certain ruine, unless we speedily use the remedy of this Expedition. And this we say not from fear, but from feeling: for we have already felt to our unspeakable prejudice, [what it is to maintain Armies, what to want traffick, what to want administration of Justice.] And if the beginning of these evils be so heavy, what shall the growth and long continuance of them prove unto us? So miserable a being all men would judge to be worse than no being.

Secondly, If we consider the nature and quality of this Expedition, it is defensive, and so the more justifiable. For proof hereof, let it be remembered—

1. The Kings Majesty, misled by the crafty and cruel faction of our Adversaries, began this years war, not we. When Articles of Pacification had been the other year agreed upon, Armies laid down, Forts and Castles rendered, an Assembly kept, and concluded with the presence and consent of his Majesties High Commissioner, the promised Ratification thereof in Parliament (contrary to the foresaid Articles) was denyed unto us, and when we would have informed his Majesty by our Commissioners, of the reasons and manner of our proceedings, they got not so much as presence or audience. Thereafter his Majesty being content to hear them, before that they came to Court or were heard, War was concluded against us at the Council Table of England, and a Commission given to the Earl of Northumberland for that effect.

1. The Parliaments of Ireland and England were also convocate, for granting subsidies unto this war against us, as is notoure, Plots have been hatcht, and military preparations made against us: many invasions by Sea, which have spoiled us of our ships and goods; men, women, and children killed in Edinburgh by his Majesties Forces in the Castle: Our enemies therefore are the authors and beginners of the War, and we defenders only.

2. We intend not the hurt of others, but our own peace and preservation, neither are we to offer any injury or violence: And therefore have furnished our selves according to our power with all necessaries, not to fight at all, except we be forced to it in our own defence, as our Declaration beareth.

3. We shall retire and lay downe Armes, as soon as we shall get a sure peace, and shall be satisfied in our just demands. Upon which ground even some of those who would seem the greatest Royalists, hold the Wars of the Protestants in France against the King, and the factions of the Guisians, to have been lawful defensive Wars, because they were ever ready to disband and quiet themselves, when they got assurance of peace and liberty of Religion. Now this present Expedition being in the nature of it defensive, hence it appeareth that it is not contrary, but consonant to our former Protestations, Informations and Remonstrances: In all which there is not one word against defensive War in this cause; but strong reasons for it, all which militate for this expedition.

Our first information sent to England this year, though it accurseth all offensive or invasive war, yet sheweth plainly, that if we be invaded either by Sea or Land, we must do as a man that fighteth himself out of prison. If a private man when his house is blocked up, so that he can have no liberty of Commerce and Traffick to supply himself and family, being also in continual hazard of his life, not knowing when he shall be assaulted by his Enemies who lye in wait against him, may in this case most lawfully step forth with the Forces which he can make, and fight himself free, of how much more worth is the whole Nation? and how shall one and the same way of defence and liberation be allowed to a private man, and disallowed to a whole Nation?

Thirdly, We are called to this Expedition by that same divine providence and vocation which hath guided us hitherto in this great business. We see the expediency of it, for the glory of God, for the good of the Church, for advancing the Gospell, for our own peace: after seeking of God, and begging light and direction from Heaven, our hearts are inclined to it, God hath given us zeal and courage to prosecute it, ability and opportunity for undertaking it, unanimous Resolution upon it, scruples removed out of minds where they were harboured, encouragements to atchieve it from many passages of divine providence, and namely from the proceedings of the last Parliament in England, their grievances and desires being so homogeneal and akin to ours, we have laboured in great long-suffering by Supplications, Informations, Commissions, and all other means possible, to avoid this Expedition. It was not premeditate nor affected by us (God knows) but our enemies have necessitated and redacted us unto it, and that of purpose to sow the seeds of National Quarrels; yet as God hitherto hath turned all their plots against themselves, and to effects quite contrary to those that they intended; so are we hopeful that our coming into England (so much wished and desired by our adversaries for producing a National quarrel) shall so far disappoint them of their aymes, that it shall link the two Nations together in straiter and stronger bonds, both of Civil and Christian love, than ever before.

And that we may see yet further evidences of a calling from God to this voyage, we may observe the order of the Lords steps and proceedings in this work of Reformation. For, beginning at the gross Popery of the Service Book, and Book of Canons, he hath followed the back trade of our defection, till he hath Reformed the very first and smallest Novations, which entered in this Church. But so it is, that this back trade leadeth yet further, to the Prelacy in England, the fountain whence all those Babylonish streams issue unto us: The Lord therefore is still on the back trade, and we following him therein, cannot yet be at a stay. Yea, we trust, that he shall so follow forth this trade, as to chase home the Beast, and the false Prophet to Rome, and from Rome out of the world. Besides, this third Consideration resulteth from the former two; for if this Expedition be necessary, and if it be defensive, then it followeth inevitably, that we are called unto it, for our necessary defence is warranted, yea commanded by the Law of God and Nature, and we are obliged to it in our Covenant.

Fourthly, The lawfulness of this Expedition appeareth, if we consider the party against whom, which is not the Kingdom of England, but the Canterburian faction of Papists, Atheists, Arminians, Prelates, the misleaders of the Kings Majesty, and the Common Enemies of both Kingdoms. We perswade our selves, that our Brethren and Neighbours in England, will never be so evil advised, as to make themselves a party against us, by their defence and patrociny of our Enemies among them, as sometimes the Benjamites made themselves a party against the Israelites, by defending the Gibeathites in their wicked cause, Judg. 20. We pray God to give them the wisdom of the wise Woman in Abel, who when Joab came near to her City with an Army, found out a way which both kept Joab from being an Enemy to the City, and the City from being an Enemy to him, 2 Sam. 20. As touching the provision and furniture of our Army in England, it shall be such as is used among friends, not among enemies. The rule of humanity and gratitude will teach them to furnish us with necessaries, when as beside the procuring of our own peace, we do good offices to them. They detest (we know) the churlishness of Nabal, who refused victuals to David and his men, who had done them good, and no evil, 1 Sam. 20. And the inhumanity of the men of Succoth and Penuel, who denyed bread to Gideons Army, when he was pursuing the Common Enemies of all Israel, Judg. 8. But let the English do of their benevolence, what humanity and discretion will teach them; For our own part our Declaration sheweth, that we seek not victuals for nought, but for money or security: And if this should be refused (which we shall never expect) it were as damnable as the barbarous cruelty of Edom and Moab, who refused to let Israel pass through their Countrey, or to give them bread and water in any case, Numb. 20. Judg. 11. and this offence the Lord accounted so inexpiable, that for it he accursed the Edomites and Moabites from entering into the Congregation of the Lord, unto the tenth Generation, Deut. 23. 3, 4.

Fifthly, The fifth Consideration concerneth the end for which this Voyage is undertaken. We have attested the Searcher of Hearts, It is not to execute any disloyal act against his Majesty, It is not to put forth a cruel or vindictive hand against our Adversaries in England, whom we desire only to be Judged and Censured by their own Honourable and High Court of Parliament; It is not to enrich our selves with the Wealth of England, nor to do any harm thereto. But by the contrary, we shall gladly bestow our pains and our means to do them all the good we can, which they might justly look for at our hands, for the help which they made us at our Reformation, in freeing us from the French, a bond of peace and love betwixt them and us to all generations. Our Conscience, and God who is greater than our Conscience, beareth us record that we aim altogether at the glory of God, peace of both Nations, and honour of the King, in suppressing and punishing (in a legal way) of those who are the troublers of Israel the firebrands of Hell, the Korhas, the Baalams, the Doegs, the Rabshakahs, the Hamans, the Tobiahs and Sanballats of our time, which done, we are satisfied. Neither have we begun to use a military Expedition to England, as a mean for compassing those our pious ends, till all other means which we could think upon have failed us, and this alone is left to us as ultimum & unicum remedium, the last and only remedy.

Sixthly, If the Lord shall bless us in this our expedition, and our intentions shall not be crossed by our own sins and miscarriage, or by the opposition of the English, the fruits shall be sweet, and the effects comfortable to both Nations, to the Posterity, and to the Reformed Kirk abroad: Scotland shall be Reformed as at the beginning, the Reformation of England long prayed and pleaded for the Godly thereby shall be according to their wishes and desires, perfected in Doctrine, Worship and Discipline. Papists, Prelates, and all the members of the Antichristian Hierarchy, with their Idolatry, Superstition, and humane Inventions shall pack from hence, the names of Sects and Separatists shall no more be mentioned, and the Lord shall be one, and his name one throughout the whole Island, which shall be glory to God, honour to the King, Joy to the Kingdoms, comfort to the posterity, example to other Christian Kirks, and Confusion to the incorrigible Enemies.

1640.—September 2.

3. Letter from the Commissioners of the late Parliament in Scotland to the Earl of Lanerick, and Petition therewith sent.[270]

NOBLE LORD,

As we have ever professed and declared, as well by our Words as Actions, that the Grounds of our Desires are, and ever shall be the redress of Wrongs and reparations of our Losses, and that we will never leave off in all humility to Supplicate His Majesty for the same, so this hath moved us now, being come this length, yet again humbly to Petition His Majesty to take our Case to Consideration, and grant our Desires. We are debarred from sending or carrying our Supplications in the ordinary way, which makes us have our Address to your Lordship, intreating your Lordship in our names to present this our Petition herein inclosed to His Majesty, and in all humility to beg an Answer thereunto, to be sent with the Bearer to us, who shall ever endeavour to approve ourselves His Majesties Loyal Subjects, and most unwilling to shed any Christian blood, far less the English; whereof we have given very good prooff by our bygone Carriage to every one who hath with Violence opposed us, yea, even to those who entred in Blood with us, and were taken prisoners, whom we have let go with Meat and Money, notwithstanding that all those of ours, who did but deboar’d from their Quarters, are miserably massacred by these whom we can tearm no otherwise than Cut-throats. Our behaviour to these in New-Castle can witness our Intention, which is to live at peace with all, and rather to suffer then to offend. We bought all with our money, and they have extortioned us to the triple value: the Panick fear made most of them leave the Town, and stop their own Trade; but we have studied to solve their doubts. As all our Actions shall ever tend to that which is Just and Right; so we could wish, they were interpreted to a true sense; and whatever may be the event of business, we hope the blame shall not lie upon

Your Lordships affectionate

Friends to serve you.

Leager beside New-Castle, 2ᵈ September, 1640.

Signed,

Rothes, Cassilis, Dumfermline, Lindsay, Lowdon, Napier, Tho. Hope, W. Richarton, J. Swith, P. Hepburn. D. Hoom, Keir, Ja. Sword, J. Rutherford.

POSTSCRIPT.—We intreat Your Lordship to let the Bearer have a Pass for his safe Return to us.

* * * * *

To the Kings Most Excellent Majesty, The Humble Petition of the Commissioners of the late Parliament, and others of His Majesties Loyal Subjects of the Kingdom of Scotland.

Humbly Sheweth,

That Whereas after our many Sufferings the time past, extreme necessity hath constrained us for our Relief, and obtaining our Humble and Just Desires, to come into England, where according to our Intentions formerly declared, we have in all our Journey lived upon our own Means and Victuals, and Goods brought a-long with us, and neither troubling the Peace of the Kingdom, nor harming any of Your Majesties Subjects of whatsoever quality in their Persons or Goods, but have carried our selves in a most peaceable manner, till we were pressed by strength of Arms, to put such Forces out of the way, as did without our deserving, and (as some of them have at the point of death confessed) against their own Conscience, opposed our peaceable passage at Newburn on Tine, and have brought their Blood upon their own Heads, against our purposes and desires expressed in our Letters, sent unto them at New-Castle, for preventing the like, or greater Inconveniences. And that we may without farther opposition come into Your Majesties Presence, for obtaining from Your Majesties Justice and Goodness satisfaction to our just Demands, we, Your Majesties most Humble and Loyal Subjects, do still insist in that submiss way of Petitioning, which we have keeped since the beginning, and from which no provocation of Your Majesties Enemies and ours, no adversity that we have before sustained, nor prosperous success that can befall us be able to divert our minds.

Most humbly entreating, That Your Majesty would in the depth of Your Royal Wisdom, consider at last our pressing Grievances, provide for the Repairing of our wrongs and losses, and with the advice and consent of the Estates of the Kingdom of England convened in Parliament, settle a firm and durable Peace, against all Invasion by Sea or Land, that we may with chearfulness of heart pay unto Your Majesty, as our Native King, all Duty and Obedience that can be expected from Loyal Subjects, and that (against the many and great Evils, which at this time threaten both Kingdoms, whereat all Your Majesties Good and Loving Subjects tremble to think, and which we beseech God Almighty in mercy timeously to avert) Your Majesties Throne may be established in the midst of us, in Religion and Righteousness; and Your Majesties Gracious Answer we humbly desire, and earnestly wait for.

1640.—September 5.

4. The King’s Answer to the above Petition, dated at His Majestie’s Court at York, the 5th of September 1640.[271]

His Majesty hath seen and considered this Petition, and is Graciously pleased to return this Answer by me, that he finds it in such general terms, that till you express the Particulars of your Desires, His Majesty can give no direct Answer; therefore His Majesty requires that you set down the Particulars of your Demands with expedition, he having been always willing to hear and redress the Grievances of His People: and for the more mature Deliberation of these great Affairs, His Majesty hath already given out Summons for the meeting of the Peers of the Kingdom in the City of York upon the 24ᵗʰ of this Month, that so with the advice of the Peers you may receive such Answer to your Petition, as shall most tend to His Honour, and the Peace and Wellfare of His Dominions. And in the mean time (if Peace be that you desire as you pretend) He expects, and by these His Majesty commands, that you advance no further with your Army to these parts; which is the only means that is left for the present to preserve Peace betwixt the two Nations, and to bring these unhappy Differences to a Reconciliation, which none is more desirous of than His most Sacred Majesty.

Signed,

LANERICK.

1640.—September 8.

5. Letter from the Covenanters to the Earl of Lanerick.[272]

RIGHT HONOURABLE,

As nothing in Earth is more desired of us than His Majesties favour, so doth nothing delight us more than that His Majesty beginneth again to hearken to our Humble Desires, wherein we trust nothing shall be found but what may serve for His Majesties Honour and for the Peace of His Dominions. The Particulars we would have expressed, but that they are contained in the Conclusions of the late Parliament, and our Printed Declarations, which were sent to your Lordship; but in case the Papers be not by your Lordship, we now summarily repeat them.

That His Majesty would be Graciously pleased to command, that the last Acts of Parliament may be published in his Highness’s Name, as our Soveraign Lord, with the Estates of Parliament convened by His Majesties Authority; Next, That the Castle of Edinburgh, and other strengths of the Kingdom of Scotland, may, according to the first foundation, be furnished and used for our Defence and Security; Thirdly, That our Countrymen in his Majesties Dominions of England and Ireland may be free from Censure for subscribing the Covenant, and be no more pressed with Oaths and Subscriptions unwarranted by our Laws, and contrary to their National Oath and Covenant approved by His Majesty; Fourthly, That the Common Incendiaries, who have been the Authors of this Combustion in His Majesties Dominions, may receive their Just Censure; Fifthly, That our Ships and our Goods, with all the Damage thereof, may be restored; Sixthly, That the Wrongs, Losses, and Charges, which at this time we have sustained, may be repayed; Seventhly, That the Declarations made against us as Traytors may be recalled, and in end, by advice and consent of the Estates of England convened in Parliament, His Majesty may be pleased to remove the Garrisons from the Borders, and any Impediment that may stop free Trade, and with their advice may condescend to all Particulars, which may establish a stable and well-grounded Peace, for enjoying of our Religion and Liberties, against all fears of molestation and undoing from year to year, as our Adversaries shall take the advantage. This Royal testimony of His Majesties Justice and Goodness, we would esteem to be doubled upon us, were it speedily bestowed, and therefore must crave leave to regrate, that His Majesties Pleasure concerning the Meeting of the Peers the 24ᵗʰ of this Instant, will make the time long ere the Parliament be convened, which is conceived to be the only mean of settling both Nations in a firm Peace, and which we desire may be seriously represented to His Majesties Royal thoughts; the more this time is abridged, the more able will we be to obey His Majesties Prohibition of not advancing with our Arms, Our Actions, and whole comportment since the beginning of these Commotions, and especially of late since our coming into England, are Real Declarations of our love, and desire of Peace: nothing but invincible necessity hath brought us from our Country to this Place, no other thing shall draw us beyond the limits appointed by His Majesty; which we trust His Majesty will consider of, and wherein we hope your Lordship will labour to be a profitable Instrument for the Kings Honour, the Good of your Country, and of

Your Lordships humble Servants, and affectionate Friends,

Scots-Leager at New-Castle, Sept. 8ᵗʰ 1640.

A. Lesly, Rothes, Cassils, Montrose, Dumfermline, Lindsay, Lowdon, Napier. Tho. Hope, W. Rickartoun, J. Smith, P. Hepburn, D. Home, Keir, Ja. Sword.

1640.—September 24.

6. Letter from the Earl of Lanerick appointing a Treaty.[273]

MY LORDS,

According to His Majesties appointment, the most part of the Peers of this Kingdom of England met here at York this day, where His Majesty did communicate unto them your Desires and Petitions; and because you do so earnestly press for a speedy Answer, His Majesty, with advice of the Peers, hath nominated such a number of them for a Conference with you upon Tuesday at Northallerton, whose names are underwritten. But withall if you shall think the time too short, and that with conveniency you cannot come so soon thither, if betwixt this and Sunday you do acquaint His Majesty therewith, he will take Order for the delay thereof, for one day or two.

And that you may without all fear or Danger of Detention, send such Persons unto the said Conference as you shall think most fit, if betwixt this and Sunday you send hither the Names of these you mean to imploy, His Majesty will with all possible diligence return a safe conduct under his own Royal Hand, for them and their necessary Servants.

His Majesty hath likewise commanded me to let you know, that upon your relieving of such Officers, and others of His Subjects, as are detained by you, he will return all such of yours as are his Prisoners, either here or at Berwick; and hereafter resolves, that fair Quarters should be kept betwixt both Armies. Thus having imparted His Majesties Pleasure, I continue

Your Lordships Servant,

LANERICK.

York, 24ᵗʰ of September, 1640.

1640.—October 16.

7. Articles agreed on for the Maintenance of the Scots Army.[274]

1. First, That the Scotch Army, now lying in the Counties of Northumberland, Bishoprick of Durham, and Town of Newcastle, shall have for a competent maintenance, the summ of £850 per diem, being the sum before agreed on by the Counties; and that the payment thereof shall begin upon the 16th of October, and to continue for two Months, in case the Treaty shall so long last; which payment to be made weekly upon the Friday of every Week, the first Friday being the twenty-third day to be for the payment of the Week past.

2. The dayes of the returning of the Army to be numbred, within the dayes of the allowed maintenance.

3. That the Scotch Army shall content themselves with the aforesaid maintenance, and shall neither molest Papists, Prelates, nor their adherents, nor any other persons of whatsoever quality, during the time of payment, but shall keep themselves free of all other Taxes and Plunderings not only during their abode, but in their returns, and such security as is usual shall be given for the performance of the same, and this to be ordered upon the condition of the Treaty.

4. That the Inhabitants of the said Counties shall also have liberty to return peaceably to their own dwellings, and shall be refused no Courtesie, it being alwayes presupposed that the fit Lodging of their Army shall be allowed.

5. That the Army be furnished with Coals in a Regular way, and not at the pleasure of the Souldiers, which is especially recommended to the care of the Scotch Commissioners.

6. That there be a provision of Forrage at the prices to be set down in a Table, which must also contain the particular prices of all sort of Victuals, and other necessaries for the Army, to be indifferently agreed upon by persons nominated on both sides.

7. That the Sea-Ports be opened, and there be free Trade and Commerce by Sea and Land, as in the time of Peace; with this Proviso, that with the Victuals, no Armes nor Ammunition be imported into Newcastle, or any Harbour of England, and this Free Trade and Commerce to be presently intimated, and not to be interrupted, but upon the warning of three Months, that there may be a sufficient time allowed for Ships to return, and for the disposing of their Commodities.

8. That the Victuals and other Necessaries for the Army be free of Custome; And that his Majesties Custome of Coals, and other Ware, be left free to be levyed by his own Officers.

9. That all restraints be removed, and that there be a freedem to furnish necessaries for both Armies, in such sort as is agreed on by the Articles, and liberty be granted for Milling, Brewing, Baking, and other things of that kind.

10. That the Arrears be completely paid to Octob. 16, and that such rents as are anticipate, and not yet due, be allowed in the Arrears.

11. That there be a Cessation of Armes, according to the particulars to be agreed upon.

12. As for securing the summ of £850 per diem above specified, there is a Committee appointed by the Great Council of the Peers, who have power to Treat with Northumberland, the Bishoprick of Durham, Newcastle, and (if need require) with other adjacent Counties, that there may be a real performance of what is agreed on by us: And for that we find many Difficulties of raising the Contribution out of the Counties of Northumberland, the Bishoprick, and Town of Newcastle, we have thought fit and necessary to add unto them the Counties of Cumberland and Westmoreland, to assist towards the said Contribution according to their abilities.

13. And further, the Lords will before their going from York settle a Committee who shall have charge to see the Contribution orderly raised and paid; and that there shall likewise be a Committee nominated of the Lords Commissioners, to whom either the Scotch Commissioners may address, or the Committees of the Countrey may Weekly give an Accompt of the carriage of the business. And that from thence there may further Order be given for the due performance of that which is promised.

Signed

Bedford, Bristol, Holland, Berkshire, Ed. Mandevile, Ph. Wharton, Ro. Brook, J. Paulet, Ed. Howard, Fr. Dunsemore, Dumfermling, Lowdon, Patrick Hepburne, W. Douglass, J. Smith, William Wedderbourn, Alex. Henderson, Wᵐ [Archᵈ] Johnston.

1640.—October 26.

8. Articles agreed on concerning the Cessation of Arms betwixt the English and Scottish Commmissioners at Rippon, the 26th day of October 1640.[275]

1. That there be a Cessation of Arms both by Sea and Land, from this present.

2. That all Acts of Hostility do henceforth cease.

3. That both parties shall peaceably retain, during the Treaty, whatsoever they possess at the time of the Cessation.

4. That all such persons who live in any of his Majesties Forts, beyond the River of Tees, shall not exempt their Lands which lye within the Counties of Northumberland and the Bishoprick from such Contribution, as shall be laid upon them for the payment of the £850 a day.

5. That none of the Kings Forces upon the other side of Tees, shall give any impediment to such Contributions as are already allowed for the Competency of the Scotch Army, and shall take no Victuals out of the bounds, except that which the Inhabitants and Owners thereof shall bring voluntarily to them: And that any restraint or detention of Victuals, Cattle, and Forrage which shall be made by the Scots within those bounds for their better maintenance, shall be no breach.

6. That no recruits shall be brought unto either Army from the time of the Cessation, and during the Treaty.

7. That the Contribution of £850 a day shall be only raised out of the Counties of Northumberland, the Bishoprick, Town of Newcastle, Cumberland, and Westmoreland; that the not payment thereof shall be no breach of the Treaty; but the Counties and Town so failing, it shall be left to the Scotch power to raise the same, but not to exceed the summ agreed upon, unless it be for the charges of driving to be set by the Commissioners of the Forrage.

8. That the River of Tees shall be the bounds of both Armies, excepting always the Town and Castle of Stockton, and the Village of Eggscliffe: And that the Counties of Northumberland and the Bishoprick of Durham be the Limits, within the which the Scottish Army is to reside; saving alwayes Liberty for them to send such Convoyes, as shall be necessary for the gathering up only of the Contributions which shall be unpaid by the Counties of Westmoreland and Cumberland.

9. If any persons commit any private Insolencies, it shall be no breach of the Treaty, if (upon Complaint made by either party) reparation and punishment be granted.

10. If Victuals be desired upon that price which shall be agreed upon, and ready Money offered for the same, and refused, it shall be no breach of the Cessation, to take such Victuals, paying such price.

11. No new Fortifications be made during the Treaty against either party.

12. That the Subjects of both Kingdoms, may in their Trade and Commerce freely pass to and fro, without any Pass at all; but that it be particularly provided, that no member of either Army shall pass without a formal Pass under the hand of the General, or of him that commandeth in Chief.

Bedford, Bristoll, Holland, Berkshire, Ed. Mandevile, Ph. Wharton, Ro. Brook J. Paulett, Ed. Howard, F. Dunsmore, Dunfermeling, Lowdon, Patrick Hepburne, William Douglass, J. Smith, William Wedderburn, Alex. Henderson, Wᵐ [Archᵈ] Johnstown.

1641.—April 24.

9. Letter from the Earl of Strafford to the Marquis of Hamilton.[276]

MAY IT PLEASE YOUR LORDSHIP,

Hitherto I judged it not fit to endanger your Lordship by any Intelligence betwixt us, which might have turned much to your prejudice, in a time when the World is in so much mis-understanding of me; but now be your Lordship pleased, to admit me to resort to your noble Expressions and former Friendship, that I may carry forth of the Court with me the belief and tokens of it.

It is told me, that the Lords are inclinable to preserve my Life and Family, for which their generous Compassions, the great God of Mercy will reward them: and surely should I die upon this Evidence, I had much rather be the Sufferer than the Judge.

All that I shall desire from your Lordship is, that devested of all Publique Imployment, I may be admitted to go home to my own private Fortune, there to attend my own Domestick Affairs, and Education of my Children, with as little asperity of words or marks of Infamy, as possibly the Nobleness and Justice of my Friends can procure for me, with a Liberty to follow my own occasions, as I shall find best for my self.

This is no unreasonable thing I trust to desire, all considered that may be said in my case, (for I vow my fault that should justly draw any heavy Sentence on me, I yet do not see:) yet this much obtained will abundantly satisfie a Mind hasting fast to quiet, and a Body broken with afflictions and infirmities. And as I shall take myself highly bound to any that shall further me therein, so I more particularly desire to receive an obligation therein from your Lordship than from others, as being purposed in the truth of my former Professions, to express my self

Your Lordships humbly to be Commanded,

STRAFFORD.

Tower, 24ᵗʰ of April, 1641.

1641.

10. Principal Baillie’s Journal of the General Assembly, 1641, in a Letter to the Rev. William Spang.[277]

COUSIN,

Since your last, the 1st of August, you have received two of mine, and this is a third—if virtue were in length—worth any six of yours.

The carriage of our assembly was this. Since the assembly of Aberdeen there was a continual heartburning betwixt the favourers of Mr Harry Guthrie and Leckie; as in my discourse of that assembly you may see I foretold. As I came from London through Edinburgh, I found the misunderstanding so great, that I advised Argyle to take notice of it in time; and when Mr Archibald Johnston came home, I wrote to him to draw to him some of the parties for advisement how to preveen discord. For all that I could do, at my coming to Edinburgh on Saturday, July 17, I found Leckie, and many that favoured him, peremptor, not only to accuse Mr Harry Guthrie, but to have the Acts of Aberdeen about meetings and read prayers cancelled. They were much galled with the slanders went upon them, for the abusers of privy meetings, and other things falsely fathered on them. On the other part, Mr Harry, and many with him, were no less resolute to defend all that passed in Aberdeen, and to have sharp censures concluded in the next assembly against all that were for novations, not approven by our Church. With these minds went too many to St Andrew’s, as if it had been a place of combat. Our only remedy against such scandalous debates were our prayers to God, which carefully were offered the Sabbath before we came from home, in a solemn humiliation for a blessing to the ensuing assembly. This labour, we found, was not for nought; for at once we found the good hand of God with us above expectation.

The King had sent his warrant to Lord Weems to sit, with as ample a commission as either Hamilton or Traquair. His Majesty intended this service for Southesk, by Traquair’s advice, who yet had too great hand in affairs; but Mr Henderson diverted the King from that man, towards whom the country had so evil an eye. For what special respects Weems fell to be next, I do not know; however, the modesty and simplicity of the man made him displeasing to none. When we came to St Andrew’s, our first perplexity was about a moderator. Mr Henderson was passionately desired in so hard a time; but there was no certainty of his presence. Mr Harry Rollock, on whom the voices would have fallen next, had of purpose absented himself. The rest who were met were esteemed so far engaged to the question to be debated. Judge then what strait of men was there, when the like of me, who to this day had declined to moderate a presbytery, was shored to be leeted for to moderate a general assembly. Yet, after much secret advisement with the Commissioner, on Monday, with much ado, that difficulty was overcome.

1. On Tuesday, the 20th, the first day of our assembly, the last moderator, Mr Andrew Ramsay, preached the 122d psalm. According to his way, he went over it all. The first day of our assembly is appointed for fasting and humiliation. Of this disposition there was not so much this day among us as needed. After sermon we met in the Old College-hall. Mr Andrew prayed; the commissions were received by Mr Archibald Johnston; many of the commissioners were members of parliament; divers others also, upon the certain expectation of the assembly’s translation to Edinburgh, had not come over. His Grace’s commission in Latin was read; one clause thereof importing, at the Commissioner’s advice, the assembly’s translation, was demurred on by the clerk, as intruding on the assembly’s liberties; yet it was not publickly questioned. A letter from his Majesty to the assembly, so full of grace and favour as we could have wished, was read. The answering of it was laid on Mr David Lindsay of Belhelvie. His draught in the end of Edinburgh assembly was read: but it was so long and luxuriant, that Mr Henderson was caused to make that short, decised, and nervous answer.

The parliament had sent over a commissioner to us, one from ilk estate, Cassils, Auldbar, Provost of Dysart, intreating, without any prescription, that in regard many of them were members of the assembly, could not, without detriment to the publick, attend at St Andrew’s, we would be pleased to enter in no weighty action, especially in chusing a moderator, wherein they desired to have voice, before we returned to Edinburgh. In the translation there was no difficulty; but in the delay to chuse a moderator, the difficulty was huge. The most thought the assembly could not be constitute, and so was incapable to perform any act, let be so great a one as a translation, before a moderator was chosen. Some leading men, who would have had the moderation to themselves, or to those who favoured their intentions, urged a present election. The matter was remitted to the next session; wherein, to our great comfort, it was determined with far greater ease than any expected. Many of us thinking the delay impossible to be obtained, had concluded to voice for James Bonner; yet to-morrow, the earnestness of the commissioners from the parliament, the clerk finding in the register some such old practique, the certain hopes of Mr Henderson’s near return, his Grace permitting the matter to our own option, whilkas before some about him made him declare oft, that that delay would legally evacuate his commission; Mr David Dalgleish, overcoming in boldness his good friend Mr Harry Guthrie, stoutly reasoning the sufficient formality of continuing by voices the old moderator, ad hune actum, to transfer, and to chuse a new moderator in the beginning of the translated assembly, by plurality of voices it was clearly carried. We took that for a certain presage of God’s assistance in all subsequent purposes.

The next session was appointed to be held at Edinburgh, the 27th. No more but a supplication of D. Harry Reid, wherein he complained, that after his long service in the kirk and divinity-schools, he had been made to demit his place, by threats, in his extreme old age and poverty. The case was very invidious, and reflected much on his colleagues in the town and New college. The matter, I heard, was, that he, as principal, had given warrant for lifting the New-college rents, whiles to a wicked knave his son, whiles to D. Panter, and others; so that no count could be made by him of much money. Mr S. Rutherford, I think, caused complain of this to the estates when we were at London. They sent over Newton and William Ridge, rigorous enough, either to get account of him, or to lay him in ward. Upon the fear of this evil, he offered to demit his place; and his demission was taken, reserving 500 merits a-year to him for his entertainment. When his petition came to be considered in Edinburgh, his good friend Mr Henderson guided it so, that with a great deal of commendation to the old man, large as great, I am sure, as he ever deserved, it was voiced, that his demission should be rendered to him; that, according to the acts of our old assemblies anent failed ministers or professors, he should all his lifetime enjoy his full rent and honour, without any diminution.

When we came back to Edinburgh, to our great joy we found Mr Henderson and Mr Gillespie come home. That week was spent in privy consultations for accommodating the feared differences. Argyle and Cassils drew together in Loudon’s chamber the ministers of Edinburgh, Mess. Dick, Blair, Rutherford, Cant, me, and some others. All the ministers of Edinburgh were chafed at their people’s carriage towards them. They would have been at the simple discharge of all privy meetings, but those of a family; and for this the act of Aberdeen was alledged by them, and many moe: for this the other part would have had that act recalled or exponed. I marvelled much of both their forgetting the meaning and occasion of that act, set down at length to you in my letters. Then it was at last agreed, that Aberdeen act should be altogether miskent; that a draught should be made for ordering these meetings now in question. The paper drawn up by Mr Henderson the 10th of June, which pleased all well, that I had conferred with both, misliked the ministers of Edinburgh, and above all Mr D. Calderwood could not abide it. The clause in it of the number, which I liked best, did most mislike them; they alledged the permitting of any to meet, in the smallest numbers, was an establishing by an act the thing itself. Many meetings there were for little purpose. It was appointed, that Mr Dickson and Mr Blair should meet with Mr Henderson and Mr Will. Colvil, and set down their minds. Their draught was long, and too general. It was laid again on Mr David Dickson, with whom he pleased, to write down his mind. That form also did not please. At last Mr Henderson essayed it. His model liked us best; yet Mr D. Calderwood started mightily at it. We desired him to dite what he pleased; notwithstanding we were all refreshed with a certain hope of a solid agreement; for Mr Dickson and Mr Blair, and the rest who were suspected of innovating, purged themselves fully of all such intentions, and were ready to receive any of the models any had proponed. And being posed, what was their minds anent all the novations? Mr Andrew Ramsay could enumerate such as omitting, Glory to the Father, kneeling in the pulpit, discountenancing real prayers, &c. They gave answer satisfactory, that betwixt us and them there was no discrepance at all. At last Mr Henderson fell on that model, which thereafter was voiced and printed. This happy concord, whereof Argyle and Henderson were happy instruments, will, we trust, be a great blessing to the whole land, which every where began to be fashed with idle toys.

On Tuesday, July 27th, we met before noon in the Grayfriars. After prayer, Mr Andrew Fairfoul required, that his commission should be given to Mr Henderson, in regard that the presbytery had chosen Mr Andrew Ramsay, Mr Andrew Pollock, [Henry Rollock,] and Mr Alex. Henderson, if he should be present, and him only in case of Mr Henderson’s absence. So, albeit Mr John Adamson had, at his own hand, put in his own name in the commission at the first meeting in St Andrew’s, and had voiced there as commissioner; yet Mr Henderson being now present, he required to be free of the burden, which he had undertaken only in case of his absence. While the matter is going to voicing, Mr Calderwood, albeit no commissioner, reasoned very passionately, that Mr Henderson was incapable of a commission. In this Mr Henderson seconded him. Always, when it came to voicing, Mr Henderson’s commission was unanimously received. The next question was about a new leet for a new moderator. The old fashion was, that the former moderator leeted whom he would, and the assembly added whom they pleased. An overture had passed at Aberdeen, that every provincial synod should have one of their number to be on the leets for moderator, one to be on the committee of bills, one for the reports, and one for the overtures. The Northlandmen pressed much to have it so; but it was found unreasonable; and that overture not being an act, and not being booked was rejected. Yet they got Belhelvie added to the leet which Mr Andrew gave in. Mr Henderson declared earnestly against the burden of moderation; yet the most of the votes fell on him. The nobles were for Mr Henry Rollock, some for Bonner, some for Belhevie, none at all for Adamson, Dalgleish, Somervel, Blackhall. No more was done in that session; only Argyle told us, that the parliament was content to have but one session a-day, and that in the afternoon, hoping the assembly would be pleased to make but one session also, and that in the forenoon, that so the commissioners might get both assembly and parliament attended. This was agreed to.

Wednesday the 28th. The moderator read the overtures which I had drawn up, and were enacted at Aberdeen, for ordering of the house. He pressed them all; yet, through negligence to exact them, thereafter we fell at once into our old misorders. Always we hope that the exact order the parliament has now taken for ruling their house, will make us, ere long, follow their good example. He read also a list of names for the committees of bills and reports. Now for the overtures; Till those of Aberdeen were considered, very hardly would he permit any to be added to those of his own number. For assessors to himself, he shewed he would advertise privily those whom most he needed. Four were named to appoint preachers for all the churches, in which Mr James Bonner, my good friend, being chief, by his favour I got myself shifted of that burthen, as in all this assembly I did what I could to hold myself quiet, and well near mute. Mr Calderwood fell on again impertinently, and very peevishly, as if it had been almost a null, an evil-constitute meeting, for being translated without a moderator permanent, and chusing of him for moderator who had no commission. Mr Henderson dealt very patiently and respectfully with him: at last his Grace commanded him silence. The moderator caused read some letters, which were given him in England for the assembly. The first was from a number of our gracious brethren of the ministry at London, and about it, congratulating our happy proceeding, shewing their hopes to get our discipline established there, telling that some of their brethren, who were for independency of congregations, were great hindrances to that design; also that they gave out that some of the most eminent men in the ministry with us, inclined their way. The men they meant by, Mr Henderson told us, were Mr D. Dickson, and Mr Cant; but none in all the assembly were more against independency than these two. The matter, after some days, was voiced: all in one voice rejected that confusion, as contrary directly to our covenant: and appointed Mr Henderson to write a courteous answer to our English brethren; which he did very accurately. If I can, you shall have a copy thereof.

The next was from Mr Durie, for assistance to his negotiation of peace amongst Protestants. While some were beginning to say somewhat to the man’s prejudice, I excused all, so that his motion was received; and it was laid on Mr Andrew Ramsay, Mr Blair, Mr Gillespie, and me, to frame an answer. We left the labour to Mr Blair, who did it well enough, in a fair genteel general, appointing him to keep, when he pleased, correspondence with the ministers of Edinburgh. A third was from D. Sibbald of Aberdeen, supplicating for his books, which at the prior assembly were taken from him. It was granted that he should have all except some of his sermons, whereupon a part of his process was grounded. A fourth was from Mr John Guthrie, Bishop of Murray, supplicating that his place, for a little time more, might be kept for him. It was rejected as unreasonable, and his presbytery appointed to plant his place; yea, order was given, that none who had delayed so long to come in the covenant, should be received, without a singular measure of satisfaction and trial, to be approven by the general assembly. The Moderator fell on a notable motion, of drawing up a Confession of Faith, a Catechism, a Directory for all the parts of the publick worship, and platform of government, wherein possibly England and we might agree. All approved the motion; and thereafter the burden of that labour was laid on the back of the mover, with liberty to vaik from preaching whenever he pleased, and to take help of whom he thought meet. He did not incline to undertake it, yet it will lie on him; and readily in this he may do some good.

Thursday the 29th. The moderators of the committees had no matter prepared for the assembly; so we put off that session with general discourses, especially upon the matter of translation, which had most troubled us in bygone synods, and was like to do so in this also. A committee was appointed to find out overtures for that difficult matter. Lest I should be prejudged, I got it on Lord Eglinton and Mr Robert Barclay. Glasgow also, by their importunity, got on Dr Strang and D. Dickson. The presbytery of Glasgow, it were long to tell you the way how they stifled both Mr Dickson and Mr Ramsay from being commissioners. This was very evil taken by the whole country, and turned over to Glasgow’s prejudice: yet Mr David was used no otherwise by the assembly than if he had been a prime commissioner. This committee did nothing for a day or two, and that, it was publickly complained, because D. Strang and Mr David, for their own interest, marred the rest; so they, and with them my Lord Eglinton and Mr Robert Barclay, were removed from that committee. Thereafter they blocked a number of tolerable overtures; the conclusion whereof was remitted to the next general assembly. The moderator advised the town of Edinburgh, and other prime burrows, to entertain abroad some good spirits, who might be their own, if they proved apt for their service. Also he shewed the expediency of calling home one Mr Thomas Young from England, the author of Dies Dominicæ, and of the Smectymnuus for the most part; and of Mr Colvin from Sedan, to whose commendation he spake much. If he has done any thing in private, let us have it, and write what ye know of his abilities. There was a committee appointed to consider the state of our far remote churches of the Isles, of Lochaber, Orkney, and Shetland. Some present course was taken for Lochaber; and it was laid on Mr Robert Blair, and Mr Andrew Afflect, to go in the Spring to visit Arran and some near isles. There was a committee appointed to consider the advancement of the weal of colleges and schools. All their consultations we hope in time will produce good fruits.

Friday, the 30th, came in a number of particular bills; yea, some days thereafter, there came more than 200, for augmentation of stipends, for dividing or changing of churches; all which, without reading, were referred to the parliament; regrets for the enormous sins of the land. The removing of monuments of superstition, from divers parts of the country yet remaining, was recommended to the presbyteries. Mr John Guthrie, Bishop of Murray, sent out of the tolbooth, to the assembly, a supplication to confer with the moderator, and some others. All the subject of his discourse with them, as also of divers conferences he had before with the ministers of Edinburgh, was only a stiff wrangling about the formality of the process of excommunication. He sent in another supplication thereafter for the same end, but was neglected; for he and other of those men, seem to be obdured in perverseness: yet it is like, that if the King and we had settled sure in parliament, there are few of them, if any, but will supplicate to be permitted to do all that shall be prescribed.

Saturday, the 31st, no particular business was handled worth the writing. Aberdeen, in their commission from the general assembly, had met and decerned Mr George Gillespie, then at London, for their town-minister, and Mr Edward Wright for their divinity-professor, in the Marischal college. Mr Gillespie’s cause came then to be handled. His Grace pleaded, that these fifty years he and his people had been vexed with a most weak minister; that he had got Mr George admitted the first in Scotland without the bishops consent. Mr George spake well for himself, that he nor his people were never advertised till the decreet was passed, and divers other things. The dispute was long and hot: it was remitted to the next session. Argyle spake of the regret many ministers made under payment of their stipends, desired the assembly to find overtures for remeid, and promised the parliament would consider what should be proponed.

On Sunday afternoon, before the commissioners, I heard Mr Blair teach very gravely for peace, and abstinence from all such meetings, as in former times had been very profitable, but now were inexpedient, unlawful, and schismatical. This some mistook, but the most took it very well from him. Truly, I bear that man record, that in all his English voyages, in many passages of the assembly, private and publick, he contributed as much to the pacifying of our differences as any, and much more than many. That day a very unhappy accident fell in the hand of a minister, Mr Thomas Lamb, who had been deposed by the blind Bishop of Galloway, for divers quarrels; but he gave it only out for disobedience in ceremonies. The ministers of Edinburgh had obtained for him a church in the presbytery of Peebles. The man had always been of a contentious humour. They say he had struck a man, whereof he died. However his presbytery, for his perverseness and contentions, had suspended him. He had appealed to the general assembly. The committee, on Saturday, had agreed them, and remitted him to the presbytery. On Sunday, after both sermons in Leith, he told Mr James however that he was displeased with that accord, and would complain to the assembly, both of the committee and his presbytery. Immediately going to ease himself among the stuff, a young man to whom the stuff belonged, fell upon him with evil language, taking up his cloak and gloves: after some mutual jarring, when he had got his cloak and gloves again, he fell in some more quarrelling with the young man, and with his whinger struck him, whereof presently he died. He wrote a pitiful supplication to the assembly, to obtain some delay of his execution, till his wife and friends might come to him. This was granted. He obtained easily a letter of Slayans from the party; but we think the Constable will cause execute him; and so much the more because he a minister, on the Sabbath day, had committed that villainy in the time of the assembly and parliament.

Monday, the 2d of August, the parliament sat not, so we had two sessions. The forenoon was taken up with the business of Aberdeen. Mr Andrew Cant laid out Aberdeen’s necessities very pathetically; Mr David Lindsay and Provost Lesly, shewing their proceedings in Mr Gillespie’s election to have been punctually according to the words of their commission. Notwithstanding the moderator, desiring Mr George to stay still in Fife for the use of St Andrew’s, did so state the question, for all the northlandmen could say to the contrary, and notwithstanding also of Argyle’s evident seconding them. His abode at Weems was craved by plurality of voices: yea, when they pressed Mr Edward Wright’s transportation, albeit all that favoured Mr David Dickson did voice for them: yet they lost that cause also, in regard it was manifest before the meeting of that committee, that Mr Edward was admitted to the church of Glasgow, and before his citation to come to that committee, or his knowledge of Aberdeen’s invitation, he was agreed with Glasgow, and had obtained his dismission from the presbytery of Stirling. Mr Robert Ramsay had set the town of Glasgow on that man, whereof I suspect he now repents. The man is learned and blameless, but it is not like Mr David’s way, nor among the most prudent. Factions among that people and presbytery are like to grow. I wish they come not to a shameful hearing, and that quickly, on the occasion of Mr Hugh Blair’s election to that town’s ministry. Sir John Scot’s petition, to have a description of our sheriffdom, by some in every presbytery, to be set before the maps you have in hand, is granted.

In the afternoon Mr Andrew Ker, minister at Carrin, being transported by the provincial synod of Lothian to the burgh of Linlithgow, had appealed to the general assembly. His appeal was voiced null. This preparative made Glasgow too eager to call my cause; but they found the case many ways unlike. At Aberdeen there had been much ado for planting of Inverness. The Laird of Steinson, patron, had presented Mr James Annan. More than the two parts of the parish speaking Irish, obtained Mr Murdoch Macbaine, a bold well-speaking man, to be conjoined to an equal stipend and burden. This equality Mr Murdoch urged, and refused to preach to the Irish congregation, but day about, so every other Sunday they sang dumb. After some days travel, it was thus agreed that a third man should be got to those who had never more than one before to preach in Irish on 500 merks, the town to pay three, the two ministers each to pay one. We being agreed privately, the moderator thought it time to move the question about meetings, and regretted the sinister rumours thereanent. It was remitted to a committee in the moderator’s chamber. After two afternoons’ conference, Mr Henderson fell on the model you have in print. On Wednesday he read it once, twice, thrice. Many required delay to voice till to-morrow, and a copy of the writ. All delay was flatly refused; but any man was permitted to say what he would, if it were to ten at night. Mr Catherwood was impertinent still in his opposition. Mr Harry Guthrie, and those who were in this point, were feared to be more opposite than he had been. All called to the committee, and read at length. Some who craved delay were shortly taken up. Fear of raising and fomenting needless scruples, if that paper had ran a showering through the city, before it had been concluded, made the moderator peremptorily refuse that which is now every day practised in our parliament, and I think were more necessary to be practised in our assembly, except in some few extraordinary cases. The paper that day was voiced, and was unanimously assented unto: yet some voiced it too general and insufficient.

Tuesday, the 3d of August, was taken up with a very captious question of your good friend Sir John Scot. He had promised to Mr Mungo Law, second minister at Dysart, in the presbytery of Kirkaldy, a presentation to the kirk of Kilrennie, in the presbytery of St Andrew’s. The presbytery of St Andrew’s were not very curious to crave his transportation; Sir John, in the provincial of Fife, urges it. In the voicing, not only the whole presbytery of Kirkcaldy gets voices, but some burrow two ruling elders, gets voices. Upon this, and some other informalities, Sir John appealed to the general assembly. By strong solicitation, and by a world of merry tales in the face of the assembly, he gets a sentence for his appellation, to the great indignation of the synod of Fife, and the moderator’s malecontentment. Sir John held him with that advantage, and durst not pursue his main point, anent the minister’s transportation, which made many to take him but for a wrangler, who sought more the synod’s disgrace than any other contentment. Overtures for planting universities, burghs, schools, were read; also a letter of the King’s to the assembly, in favour of Panmure, requiring the minister of Monhey to be transported to some other church of his Majesty’s presentation: the desire, with the man’s own consent, was granted.

Wednesday, the 4th, Mr William Bennet was ordained, according to the act of Aberdeen, to transport to Edinburgh. Mr John Colins, after long opposition of the presbytery and parish, was ordained to be received to the church of Campsey. His presentation to the tack of Chanle of the chapter, wherein also he was obliged to ratify the patron’s tack, was ordained to be rectified. Mr Andrew Logie, deposed at Aberdeen according to the provincial’s appointment, was restored to his own kirk. Sir Alexander Abercrombie of Birkenbog fashed the Assembly much, that he might be obliged to receive a new presentation; that a new edict might be served; and so, that the assembly’s act of reponing him to his own church should be evacuate: but his motion being found to be from particular respects, it was misregarded.

Thursday, the 5th, Aberdeen supplicated Mr Andrew ____________ his transportation to their college. Arthur Areskine, of his own liberality, had given him 500 pound during an old man’s life. The man was but twenty-four years of age, and was extreme unwilling to flit. Arthur Areskine, a well-deserving gentleman in our cause, when he began to plead, was so choked with tears, that he became silent, and removed. This accident made the assembly so compassionate towards him, that, by plurality of voices, he obtained his point. These three rebukes in end well near angered Aberdeen. By way of indignation they crave leave to have back their deposed doctors; yet they gave in the fourth bill for Mr John Oswald of Pencaitland. His misfortune was to be last, else he had better reasons of staying than any of the former three; yet to please Aberdeen, all he could say was misregarded; and he, full sore against his heart, was ordained to flit.

Here came in my long-delayed action. After much altercation betwixt the passionate parties, and some calm dispute between the Principal and me, by the favour of the moderator, I got the invidious question eschewed anent my appeal, and the state made, Transport, or Abide; when, after I had read the reasons (which I here send you), there was not twenty voices for my transportation. I foresaw that this favour may readily transport me ere it be long to places where my life will be much more miserable than it is like it would have been in Glasgow; but yet I thought it incumbent to me, in conscience, to use all lawful means to keep me with my people. I took it to have been a sin to have neglected this duty for the preveening of crosses never so apparent. The Laird of Leckie gave into the committee of bills a complaint of Mr Harry Guthrie’s slandering of him at Aberdeen. Of this Mr Harry complained in the face of the assembly. This was like to blow up that fire again which we thought had been extinguished; yet even here God was favourable to us. That matter was referred to us the moderator’s assessors. We laboured so into it some nights, that at last we got the parties agreed, both in a writ, read to the assembly, under their hands, declaring their good opinions each of other: for Leckie truly witnessed, that he knew no blame to Mr Harry, neither in doctrine nor life; and Mr Harry testified, that he never had a thought that Leckie, or any of his family, was guilty of those slanders he complained of. Of this pacification we were all most glad. Being desirous to have the assembly at an end, it was appointed to keep her sessions twice in the day, and to dispense with the absence of so many of our parliamentary members as could not be present in the afternoon with us. The rest of that day, and much also of posterior sessions, were misspent with the altercation of that bardish man Mr D. Dogleish, and the young Constable of Dundee. He had obtained from his father to Mr David a presentation to the parsonage of Dundee. The custom was, that all of the tithes, the constable paid but to the church 500 pound, the town gave to the parson’s supply 500 merks. The town having not much will of Mr David’’s ministry, refuses to pay the old 500 merks. Mr David refuses to transport from Coupar till the Constable secure him in a sufficient stipend. The assembly of Aberdeen ordains Mr David to transport with all diligence, and refers the question of stipend to the decision of the committee of estates. The Constable supplicates the assembly to move Mr David either to accept the charge, or give back the presentation. This Mr David peremptorily refuses, intending by his presentation to erect a stipend to that place, and then readily to leave it, if all do not embrace him. Mr David’s strong replies to the moderator would have been taken in worse part, if the Constable’s naughtiness, in proclaiming of the whole parsonage four or five chalders of victual was too much for him to pay to the church’s use had not offended us all. My Lord Fleming’s petition, to have a new presbytery erected in Biggar, of thirteen near adjacent churches of Lanerk and Peebles, was referred to the visitation of the bounds. It was regretted by the moderatour, that Mr David Catherwood, who deserves so well of our church, was so long neglected. He was recommended to the first commodious room. Likely he shall not be in haste provided. The man is sixty-six years old; his utterance is unpleasant; his carriage about the meetings of this assembly, and before, has made him less considerable to divers of his former benefactors. The case also of Mr James Fairlie, late Bishop of Argyle, was much regretted; that he having given so long ago satisfaction, that yet no place could be gotten to him to deliver him of that extremity of poverty wherewith he long has been vexed.

Friday, the 6th, a world of bills came to be referred to the parliament. Among the rest, one of Anna Inglis, complaining, that her husband, young Aiket Cunningham, having received above 40,000 merks portion with her, had deserted her, after frequent tormenting of her, with strokes and hunger, he debauching all with harlots in Paisley. We sent two with this bill to the parliament to get present order. The justice of God was in this matter. The damsel’s father had left her to be married to Mr Hugh Montgomery of Hazlehead, his wife’s near cousin. After, his wife falls in a conceit with Allan Lockhart, and gives herself to him; and, by his persuasion, makes her daughter, when scarce twelve years of age, without proclamation, to be married to his cousin Aiket. For her reward, her husband Allan leaves her to pay 10,000 merks of his debt, which made her a poor vexed widow, and her success as you heard. We were fashed with a bill of young Saville’s, a fine gentleman, who required, that one Littletower, whom the patron Lindores had thrust on his church, should be transported. The gentleman, for the well deserving of his house, was much pitied; yet, seeing the young man was admitted, and the most of the parish accepted him, it could not be helped till the young man, Littletower, found commodity to transport, which was not like to be sudden. The presbytery of Wigton complained of their molestation by one Macghee a notary, a criminous fellow, too much supported by that good man the Earl of Galloway. This bill being referred to the parliament, they enjoined the Earl to go home without delay, and fetch in that knave to suffer justice. There was no remeid; his Lordship behoved to go away to that unpleasant service. One Thomas Frazer in the tolbooth, being condemned to die for murder, supplicated us to be relaxed, before his death, from the sentence of excommunication. Some were sent to visit him. His true repentance being reported, Mr Andrew Cant was ordained, on the Sabbath, after his sermon in the great church, to relax him. On Monday he died penitent. Dr Scroggie of Aberdeen supplicated to be admitted to our covenant. The trial of his repentance was remitted to the provincial synod.

In the afternoon many overtures by Mr George Young, clerk of the references, were read. Chapperton’s supplication, to enter in our covenant, was referred to the provincial of the Merse.

Saturday the 7th. When Mr David Dickson, in the question of my transportation, had declared his intention to have as much help from me, in professing in the college, as he gave by his ministry to the town, the moderator, and others then there, not generally liking of mixing these two offices, every one whereof required a whole man, Mr David, lest any rub or mar from this should come to him in his ministry, which very profitably he did discharge, gave in a bill to have the matter cleared. It was gladly condescended, that it should be reason for him to exercise so much of the ministry there as he found himself able without detriment to his profession; the Principal not being foreacquainted with that bill, except somewhat for the preparative, wherewith Mr David was not well pleased. It was moved, that the declarations which the Earl of Traquair had alledged he had made in the assembly, but very falsely, and had obtained to be registered in the books of council, should be torn out and cancelled. This was referred to the parliament; who, after the consideration of the truth of our alledgeance, sufficiently verified by many witnesses, caused rent out of the council-books, according as we required, these full declarations. Two motions came in here, which were like to procure us much fashry; yet both, by God’s help, were brought to a peaceable conclusion.

The parliament sent in to us the Earl of Lothian, one from the Barons, and one from the Burghs, requiring our judgement of the Band; the tenor whereof was read. The reason why they required our declaration in that matter, was, because they said the Earl of Montrose had professed, the other night in his examination before the committee, that however that band was burnt, all the subscribers were yet by oath obliged to the matter of it; also they read a paper in our audience, written by Montrose’s hand, after the burning of the band, full of vain humanities, magnifying to the skies his own courses, and debasing to hell his opposites. Here great wisdom was requisite. It was remitted first to the afternoon, and then to Monday. Sundry of the banded Lords compeared. We feared their stirring. Montrose’s advocate craved to be heard. A supplication to us, written by his hand, was read, desiring our good opinion of him, offering to answer all we could lay to his charge to our full satisfaction. He said, the band was destroyed by the committee of parliament; that the paper was but a private memorandum for himself, never to have gone without his charter-chest, had not my Lord Sinclair been pleased to make it publick: that which was alledged of his words in the committee was not any written part of his deposition; that he had only spoken of a common guiltiness of all the subscribers with him; that he had spoken of their obligation only in relation to his accusation. Balmerino, moderator of that committee, spoke very pathetically for the truth of Montrose’s words. The assembly passed by what concerned Montrose, or any particular person; and, in answer to the parliament’s question, a committee was appointed for that end, drew up their wise answer penned by the moderator, making that band to be unlawful, and not obligatory of any; making those that will not subscribe censurable, and passing in those who subscribe what is bygone, and well buried by the committee of parliament. The banders that were present Kinghorn, Seaforth, Lour, did presently subscribe. Mr Blair and Pollock were sent up to Montrose to acquaint him with what was past. He spoke to them with a great deal of respect to the assembly, seemed to insinuate his willingness to subscribe what the moderator and clerk would require. Some made the motion, which the moderator much applauded, that as some from the parliament had been very happy instruments to take some differences away, which were like to arise in the assembly; so it were meet to offer to the parliament the labours of any they thought meet in the assembly, to help to remove what difference was betwixt the members of parliament. This motion was from zeal to peace, but not upon consideration of present circumstances; that the difference was not betwixt any particular men, but alledged crimes of high treason against the state, which could not be by counsels, being cited, and they standing to their defence. Yet D. Strang and Mr Andrew Cant, who were to carry our answer to the parliament’s question anent the band, were burdened with the foresaid overtures; the impertinency whereof the parliament miskent, and passed without an answer. All this passed on Monday before noon. The other motion, which on Saturday before noon perplexed us, was the moderator’s petition of liberty to transport from Edinburgh. At the beginning we took it but for jest; but it proved earnest. He assured us, his voice was for no church in the town; that continually he was unhealthy there, and not so any where else: that to keep him there was to kill him; and that in the act of his transportation from Leuchars, there was an express clause of liberty for him to transport when the publick commotions were settled, if he found that town disagreeable with his health. The city of Edinburgh was extreme averse; beside the loss of that incomparable man, thought it a dangerous preparative to have any of their ministers transported by assemblies. They offered to buy him an house, with good air and yards; to preach only when he would; to go freely, if his health was not tolerable. They were so much the more averse, because St Andrew’s sued at that time in a bill for his transportation to be principal of their college. He pressed his liberty, shewing his great errand out of England was troublesome. This reason from the assembly—some imputed his earnestness to some malecontentment from some of the wives speeches the last year of him for their well, against their humour in innovating; but he affirmed health was the only ground of his petition, and if it should not fail, notwithstanding of his liberty, he should not remove; and if he did, he would not go to St Andrew’s, but to some quiet landward charge.

After noon there was a long debate for the presbytery of Sky. Glasgow assembly annexed it to the provincial of Argyle. Upon the petition of one, Edinburgh had annexed it to the provincial of Ross. They had kept neither. Argyle pleaded for the renewing the act of Glasgow; Seaforth for the sealing the act of Edinburgh. After long debating of reasons, it was referred by the commissioners of the assembly to the parliament to determine.

Monday the ninth, before noon, besides the things already said, the presbytery of Newcastle, wrote a letter of complaint, that there was a great neglect in many presbyteries to supply the armies with mnisters; it was provided for; The afternoon was our last session. The answers to the King’s letter to the English letters, and to Durie’s letter, were read. The drawing up the directions of the Catechism, of the Confession, of the Form of Government, these were laid on Mr Alexander. His liberty was voiced, and granted, to the no small miscontent of Edinburgh. Hence thanks were given to God for his sensible and most special assistence; 23d psalm sung. Next assembly voiced at St Andrew’s July 27. Commissioners, to the number of thirty or forty, with some sixteen elders. Those of a province might serve by turns; so, after the first meeting, I got leave to go home.

You have here an account of the assembly, so far as my weak memory, without any notes to count of, can furnish. What I shall hear of the parliament, of Montrose’s process, of the King’s proceedings, who came here, to our great joy, on Saturday the 14th, you shall shortly receive. What information I got from London you have here inclosed; the evil illegal writ of Sir Thomas Dishintoun contains a journal of that parliament for some weeks.

ROBERT BAILLIE, Kilwinning, August 20, 1641.

THE GENERAL ASSEMBLY, AT ST ANDREW’S, 1642.

It is not necessary to recapitulate such of the proceedings of the immediately preceding Assembly as are introduced in the printed Acts. But a few particulars, not thus recorded, may be slightly adverted to.

Mr John Guthrie, the ousted Bishop of Moray, petitioned that Assembly that his benefice might be kept vacant for some time; but the Assembly disregarded his petition, and ordered his charge to be filled up, by the Presbytery of the bounds, without delay. They, however, reponed Mr Andrew Logie, who had been deposed by the Presbytery of Aberdeen; and overtures relative to the Universities (of which, to its credit, the Presbyterian Church never lost sight) were adopted, and ordered to be submitted to Parliament. The schism of the preceding year about private conventicles still continued; and their great patron, Mr Henry Guthrie, still fanned the flame, to quench which, it was necessary to “misken” or overlook the Aberdeen Act upon the subject, and frame a new one against impiety and schism. A case of Conscience, though for a political purpose, was submitted to the Assembly by a deputation from Parliament, relative to a Bond into which Montrose and others had entered, and which was thought inconsistent with the Covenant. The Assembly not only gave a deliverance suited to the views of the predominant party in Parliament, but volunteered their advice and assistance to it, which, however, was declined. In consequence, probably, of the brotherly communings which had recently taken place betwixt the Scotch and English nonconformists in London. A number of the latter wrote an Epistle to the Moderator touching Presbytery and Independency, and an answer was returned, intimating the unanimous adherence of the Scottish Church to Presbytery and its aversion to the other system; and a proposition was also mooted for framing a new Confession of Faith, Catechism, and Directory for public worship, &c., as a platform for an extension of Presbytery to England—a scheme which, ere long, was matured in the Westminster Assembly, and by the “Solemn League and Covenant,” of which we shall have to treat on a future occasion.

Of the minor concerns, we may mention the appointment of a committee to adjust the state of the churches in Orkney, Zetland, Lochaber, and the Isles; an application for erecting the Presbytery of Biggar; the rejection of applications from Aberdeen to translate George Gillespie and Edward Wright from Glasgow, and an Assistant at Scotscraig—but, to quiet the murmurs of the applicants, they got John Oswald from Pencaitland, which made room for David Calderwood, the well-known chronicler of the Kirk, from Crailing in Teviotdale. Among the other removes that took place at that Assembly, Mr Andrew Ker was transferred from Carriden to Linlithgow, William Bennet to Edinburgh, and John Colins to Glasgow; and Alexander Henderson sought and obtained leave to retire from Edinburgh to a rural parish, of which permission, however, he never availed himself. During the sitting of that Assembly, an awkward occurrence took place in the person of a Mr Thomas Lamb, a minister in Peebleshire, who, having killed a man on the road betwixt Leith and Edinburgh, was tried, condemned, and executed for the act. Many complaints by ministers for want of adequate stipends, were given in, and referred, as a matter of necessity, to the Parliament—the Church not having yet discovered any mode of accomplishing that object, otherwise than by the civil authority, although in these four last Assemblies it had assumed the prerogative of removing and transplanting ministers at its pleasure, without consulting either patrons or people, so far as we have been able to discover. Many matters were left over unfinished, and remitted to a Commission—the first, it has been alleged, (erroneously, we think,) in the history of the Church, on whom such powers were devolved. The Assembly terminated by appointing its next meeting at St Andrew’s, on the 27th of July, 1642.

As already noticed in a preceding chapter, the treaty of peace betwixt the two kingdoms was concluded on the 7th of August 1641.[278] Immediately after, on the 9th, his Majesty left London, and proceeded to Scotland. He arrived about the middle of that month at Edinburgh, having, in the course of his journey, interchanged courtesies with the chief of the Scottish army, which was still in the north of England. But his reception was far different in the Scottish capital from that which he had experienced in 1633 on the occasion of his coronation. The Covenanters were now triumphant in all their pretensions, not solely by moral, but visibly by the influence of overbearing physical force. By the terms of the treaty, and its inevitable sequences, the executive sceptre was wrenched from the hand of the King; the prerogatives of monarchy were one and all extinguished in Scotland and assumed by the Estates; and, as he had formerly meditated the assumption of undue authority, he now tasted a bitter retribution. Charles, the descendant of above a hundred Scottish Kings, virtually bowed his “discrowned head” in the palace of his fathers, beneath the victorious banner of “THE COVENANT.”

The Scottish Estates, which had been continued from time to time, reassembled on the 15th of July 1641, before the treaty was yet completed. The convention at first consisted of one hundred and forty-five members, of whom thirty-nine were of the nobility, forty-nine barons, and fifty-seven burgesses.[279] Lord Burlie was chosen President; and it was agreed on that the Estates should sit till the 17th of August, when the King or his Commissioner was expected to be present, and should prepare business, but not determine anything except the most urgent affairs for the public service. This Parliament was new-modelled, arbitrarily, (as indeed were all its proceedings from the first,) by the exclusion of the eldest sons of Peers, who previously had access to it—an exclusion which excited no little discontent among the rising aristocracy—and the Clergy, the Lords of Session, the Lord Advocate, and “all disaffected members,” were debarred from taking any part in its deliberations; and, among other stretches of its assumed intrinsic power, it ordered Traquair’s Declaration, as already noticed,[280] at the close of the Assembly 1639, to be delete from the register of Privy Council; as if such a proceeding could extinguish the document, which still stands on record, though partially obliterated. In short, it was a packed and arbitrary convention, having no legal authority, according to the ancient constitution of Scotland, until after the King had sanctioned its past and pending proceedings by an ex post facto concurrence, in terms of the concessions which had been extorted from him by the joint coercion of the House of Commons in England, and the Scotch Commissioners in London.

On the 17th of July, Among their preparatory measures, proceedings against the incendiaries were commenced. These were John Earl of Traquair, Sir Robert Spottiswood of Dunipace,[281] Sir John Hay, Clerk-Register, Dr Walter Balcanquell, and John Maxwell, late Bishop of Ross; and in the list of the proscribed were James Earl of Montrose, Archibald Lord Napier, Sir George Stirling of Keir, and Sir Lewis Stewart of Blackball.

It would be foreign to our task were we to enter on the grounds of imputation against these parties; and it belongs rather to the biography of the individuals, or the political history of the times, than to our humble track, to elucidate the nature and extent of their alleged offences against the compulsory unity prescribed by the Covenant and its rigid interpreters—armed with supreme and irresistible power. But we may be permitted to remark, that it is no ways surprising that good and honourable men, who, either as avowed friends of the King, or as honest Covenanters, in 1637, had voluntarily adopted, or from compulsion yielded to a predominant power, discovered good and sufficient grounds, in the interval of four years of intestine commotion, intrigue, and factious procedure—more especially after the invasion of England and the treaty in London—to shrink from following in the courses of the “Root and Branch” combination which had sprung up in both kingdoms during the past year. Without at all entering on the minutiæ, we are not prepared to concur with some enthusiastic admirers of the Covenanters in condemning those proscribed individuals, because they deprecated or dissented from the radicalism (a modern term, but sufficiently intelligible) of the seventeenth century, being satisfied perhaps, as we believe they were, that it was not identical either with reform or religion, and that its spirit and its tendency were inevitably, as they proved to be at no distant period, subversive alike of a constitutional monarchy, and of the civil and religious liberties of the land. Betwixt the conclusion of the treaty of Berwick and that of London, the cause of the Covenant had entirely changed its character; and if men of the present day will study with calmness and impartiality the whole progress of these troubles, and examine carefully the acts of the Scotch Convention, and those of its negotiators, he cannot fail, we think, to discern, in the authentic records of Parliament and otherwise, the most conclusive proofs that that convention exercised an unlawful and despotical authority, and employed it for the most vindictive and selfish purposes. Let one of its decrees suffice as a test of the ruling power. The convention declared, that in the proceedings against the proscribed individuals, members of the house might be witnesses as well as judges!

But we proceed with the narrative of events. The King arrived at Holyrood about six o’clock in the afternoon of Saturday the 14th of August, having but a small attendance. The Palatine, however, with the Duke of Lennox, the Marquis of Hamilton, and Lord Willoughby, were in his train. On the Sunday following, he attended divine service in the Chapel-Royal, where Alexander Henderson officiated. The King, however, did not return in the afternoon; “but,” says Balfour, “being wearie, reposed himself in privat;” and Baillie tells us, with his wonted simplicity, that “being advertised by Mr Alexander, he promised not to do so again. Mr Alexander in the morning, and evening before supper, daily says prayers, reads a chapter and sings a psalm, and says prayers again. The King hears all duly; and we hear none of his complaints for want of a liturgy or any ceremonies. On Monday, the King came not abroad.”

Balfour, however, with all the minuteness and circumstance befitting a “Lord Lion King-at-Arms,” narrates a number of particulars. The King held a council, where it was discussed, whether there should be a “ryding” of the Parliament next day; but, as may easily be conceived, the King had no spirit, in his present humiliating circumstances, to take part in a hollow-hearted pageant; and it was resolved that he should hear sermon in the Abbey Church, and then proceed in his coach to the Parliament. “After Mr Andrew Ramsay’s long sermon,”[282] this course was adopted; and we cannot better paint the scene than we find it in Balfour’s Annals:[283]—

“The Marques Hamilton ves ordained to beare the croune, the Earle Argyle the scepter, and the Earle of Sutherland the suord.

“The Kinges Maᵗⁱᵉ came to the hous about 11 houres, the heraulds preceiding the honors, and the trumpets them.

“At his Maᵗⁱᵉˢ entrey wnto the hous, the Laird of Langtone, with a batton in his hand, went befor the honors as grate wsher, and offred to make ciuill interruptione for mantinence of his right aganist the Earle of Vigtone. The King reteired to the inner roume in a choler, and ther subscriued a varrant to put the La: of Langtone in the castle.

“Then did his Maᵗⁱᵉ enter the hous, and sitts him doune in his chaire, and, after a prayer said by Mr Alexander Hendersone, hes Maᵗⁱᵉ kyndly saluting the housse, spake thus:—

“‘My Lords and Gentlemen,’

“‘Ther hath beine nothing so displeassing to me, as thosse vnluckie differences vich of laite haue hapned betuix me and my subiects; and nothing that I haue more desyred as to see this day, quherin I houpe, not onlie to setle thesse vnhapey mistakinges, bot rightly to know and be knowen of my natiue countrey. I neid not tell you (for I think it is well knouen to most) quhat difficulties I haue passed by and ouercome to be heir at this tyme; zet this I will say, that if loue to my natiue countrey had not beine a cheiffe motiue to this iorney; other respects might easily haue found a shift to doe that by a commissioner, wich I am come to performe myselue. Al this considered, I cannot doubt bot to find such reall testimonies of your affections for the mantinance of that royall pouer wich I doe inioy after a 108 discents, and wiche you haue so often professed to manteine, and to wich your auen nationall othe doeth oblidge you, that I shall not thinke my paines ill bestoued. Nou the end of my coming is shortly this, to perfecte quhatsoeuer I haue promissed, and withall to queit thosse distractions wich haue and may fall out amongest you; and this I mynd not superficially, bot fully and cheirfullv to doe; for I assure you, that I can doe noething vith more cheerfulnesse then to giue my people content and a generall satisfactione. Wherefor, not offring to indeere myselue to you in vords, (wich indeid is not my way,) I desyre, in the first place, to settle that wich concerns the religione and iust liberties of this my natiue countrey, befor I proceid to aney wther acte.’

“The Lord Burlie, president of the parliament, in name of the housse, made a prettey speiche to hes Maᵗⁱᵉ, of thankes for all the former demonstrationes of his goodnes, and expressiones of loue to his Maiesties ancient and natiue kingdome.

“And therafter the Earle of Argyle did second the president, with a short and pithy harraing, comparing this kingdome to a ship tossed in a tempestuous sea, thir zeires by past; and seing his Majesty had, lyke a skillfull pilote, in the tymes of most danger, steired her throughe so maney rockes and shelwes, to saue anchor, he did humbly intreat his Maᵗⁱᵉ that nou he wold not leaue her, (since that for her saftie lie had giuen way to cast out some of the naughtiest baggage to lightin her,) bot be gratiously pleassed to setle her in her secure statione and harbour againe.

“Hes Maᵗⁱᵉ offred to ratifie the 39 actes of this parl: 22 Junij, 1639 [40] which the housse humbley intreated hes Maiestie to superseid, till, according to the orders of the housse, they had taken them 24 houres to ther considerations; wich with a declaratione insert in the recordes of parl: of hes Maᵗⁱᵉˢ villingnes to doe that, and the housses earnist and humble supplicatione to his Maᵗⁱᵉ for keiping the orders of the housse; to wich he condescendit.

“The housse did humblie supplicat hes Maᵗⁱᵉ that he wold not comitt Langtone to the castle, and so dismember ther housse. His Maᵗⁱᵉ declared, that he [had] not done it for the respecte of aney subiecte, bot for the affront done to his auen persone, for intruding him in his seruice without acquantlng hes Maᵗⁱᵉ therwith. After much intretey, his Maᵗⁱᵉ wes gratiously pleassed onlie to confyne him till to morrow to his auen chamber. So with a prayer, his Maᵗⁱᵉ returned to his palace of Holyrudhousse to dinner.

“The croune, scepter, and suord, wer lefte in the parl: housse, in custodey of the Lordes Constable and Marishall till the last day of the parl: and ordained by his Maᵗⁱᵉ eurey day to be produced, and by the Lyone K. of Armes layed one the table befor the throne.”

Baillie’s account is not less significant of the King’s feelings on this occasion. “He spoke very graceously. The Preses and then Argyle answered him with cordial harangues of welcome. His Majesty offered presently, without delay, to put his sceptre to the thirty-nine Acts of Parliament enjoined in the treaty. He was intreated, according to the order of the house, to suspend till to-morrow; at which time he pressed again that he might ratify the Acts. He was intreated to delay till the return of the Commissioners, who were present at the treaty: at last he was intreated so to do.” (Vide also Acts, vol. v., p. 362.)

The day following Balmerino was chosen President in place of Burlie—and the King consented to defer his ratification of the Acts passed on 22d of June 1640, till the return of the Scotch Commissioners; meanwhile, all the incendiaries who were tangible were imprisoned in the castle, and a variety of preparatory steps taken for energetic legislation; and the Covenant, as a matter of course, was displayed. On the 24th of August, the Treaty betwixt the Commissioners of both Kingdoms, ratified in the Parliament of England, was read; and the same day another Act of the English Parliament for payment of £110,000, of the “brotherly assistance” at Midsummer 1642, and a similar sum in 1643, was produced. Orders for disbanding the army, and paying it off were also issued. On the 25th of August, the King signed the treaty with England in face of Parliament. Next day, it was ratified as an Act, by touching with the sceptre, and the royal sign manual—ordered to be exemplified under the great seal—and delivered to the English Commissioners; and on the 28th, his Majesty, with consent of the Estates, ordained the Acts, passed in June 1640, being in number thirty-nine, to be published in his Majesty’s name, in terms of the treaty.[284]

And thus Charles I., with all these formal solemnities, ratified a series of statutes, which, up to that hour, were utterly destitute of legal sanction—abandoned all his ill-advised schemes of ecclesiastical policy, and substantially, as will speedily appear, relinquished the most important prerogatives of the crown—devolving its functions entirely into the hands of an encroaching and tyrannical popular convocation, whose sole authority was derived from the power of the sword, and not from the constitutional law of the land.

The extent to which the Estates meant to carry their pretensions, was speedily exemplified; for, on 6th September, the demand made by the Commissioners in March preceding, as to the appointment of the Officers of State, Privy Counsellors, and Lords of Session, was read in the house; and, on the 16th, the King signified to the Estates that he would nominate the executive officers of his government above alluded to, with “the advice” of the Estates; thus transferring the undoubted and constitutional prerogative, which, except in those troublous times, has ever belonged to the Sovereign of these realms, into the hands of the Parliament, and combining, in one popularly constituted and self-created body, both the legislative and executive functions: a system of government which has ever been found alike injurious to the cause of genuine freedom, and mischievous in its consequences to society, wherever it has existed. As might be expected, when “the house had receaved this gratious ansswer from his Majesties owne mouthe, they all arrosse, and bowed themselves to the ground.”[285] The results of this most unwise act of the King was speedily manifested in the apponitments which followed.

On the 20th day of the same month, (vide Acts, vol. v., 406,) the King exhibited lists of privy-counsellors and officers of state, expressing a hope that the house would only state reasonable objections. Argyle, however, vehemently objected to Morton as chancellor. The latter retorted that for twenty years he had educated and protected Argyle, and had obtained for him the numerous beneficial possessions and honours which he enjoyed. The advice of the house was procrastinated; and on the 22d a proposal was made that the election of the officers of state and counsellors should take place “by billets or schedules,” on the ground that “men, for feares or houpes, might stand in awe to use the liberty of their consciences!” The King justly remarked that, in his opinion, “that man that feared to voice freelie was not worthy to sitt in the House.” There was much debate on the subject. Morton, to avoid dissension betwixt the King and the People, besought that his name as chancellor might be withdrawn; and subsequently his Majesty proposed Loudoun as chancellor, and urged the house to give its fiat upon his list; and, at length, after much delay and heart-burning, Loudoun was named Lord Chancellor, with the unanimous concurrence of the house, but to the disappontment of Argyle, who evidently aspired to the office. During this interval, the struggles and intrigues which prevailed for place and for power, were incessant; and bitter jealousies among the “covenanted” statesmen, sprung up as rife as among men of less spiritual pretension. The treasury was put in commission, to divide the power and emolument among the parties, when Glencairn, Lindsay, and Argyle were fitted with places. Orbiston was patronised by Hamilton for the office of Clerk-Register, (Hay being under process,) while Johnston was the elect of his adherents; but, ultimately, Gibson of Durie was appointed and Johnston was dubbed a knight, and, for his consolation, appointed a Lord of Session, and Orbiston made Justice-Clerk. The Marquis of Huntly and eight other Lords nominated by the King, were superseded, and an equal number of the covenanting Lords substituted in their place as Members of Council. And, to make room for their friends, Sir Robert Spottiswood, (President of the Session,) Sir William Elphingston, (Justice-Clerk,) Sir John Hay, and Sir Patrick Nisbit, were removed as judges, and Leslie of Newton, Sir Thomas Hope, (the Lord Advocate’s son,) Hepburn of Huntly, and Johnston appointed in their stead. Having now moulded the executive departments to their own satisfaction, and reduced the royal authority to a shadow, the Parliament proceeded in the work of reformation at a rapid pace. The conformation of the executive at that time being eminently illustrative of the spirit of the Scottish Estates, we subjoin, in a note, a list of the functionaries who were installed under the first reformed Parliament of Charles I.,[286] leaving all details of Parliamentary proceedings and squabbles among the jarring factions which then prevailed, to be gathered from the appropriate chronicles of the times.

while the King was resident in Scotland during these transactions, and harrassed by the unceasing turmoils among the leading men in his northern parliament, and tortured with the rising flame of faction in England, the natural effects of those commotions, and the total disruption of society in Britain, were fearfully developed in Ireland. On the 1st of November 1641, his Majesty received, by express, accounts of a rebellion and widely extended massacre by the Papists of Ireland, of his Protestant subjects in that portion of his empire. Of that rebellion we shall extract an account from the pages of Hume, whose liberality will scarcely be called in question by the most liberal parties of the present day, in regard to religious sects of all sorts;[287] and this we prefer to any attempt of our own, lest our Presbyterian leanings might subject us to misconstruction in exhibiting the characteristics of that atrocious occurrence. It is an episode, doubtless, in the annals of the Church of Scotland, but an episode, closely connected with that history, and full of instruction at the present day—and not the less so that the conflagration which overspread Ireland with horrors, was kindled by the fires which were first lighted up on Dunse Law and at Newburn. The moral of that sad tale may be practically applied with important benefit in the passing hour, when disruption in our constitutional establishments is imminent, when democracy is stalking abroad with its torch and its dagger, and when incendiarism and murder are perpetrated in Ireland to an appalling extent with impunity, and seemingly beyond the reach of repression in that devoted land.

“After Strafford fell a victim to popular rage, the humors excited in Ireland by that great event could not be suddenly composed, but continued to produce the greatest innovations in the government.

“The British Protestants, transplanted in Ireland, having every moment before their eyes all the horrors of Popery, had naturally been carried into the opposite extreme, and had universally adopted the highest principles and practices of the Puritans: monarchy, as well as the hierarchy, was become odious to them; and every method of limiting the authority of the Crown, and detaching themselves from the King of England, was greedily adopted and pursued. They considered not, that as they scarcely formed the sixth part of the people, and were secretly obnoxious to the ancient inhabitants, their only method of supporting themselves was by maintaining royal authority, and preserving a great dependence on their mother-country. The English Commons, likewise, in their furious persecution of Strafford, had overlooked the most obvious consequences; and, while they imputed to him, as a crime, every discretionary act of authority, they despoiled all succeeding governors of that power, by which alone the Irish could be retained in subjection: and so strong was the current for popular government in all the three kingdoms, that the most established maxims of policy were everywhere abandoned, in order to gratify this ruling passion.

“Charles, unable to resist, had been obliged to yield to the Irish, as to the Scottish and English Parliaments; and found, too, that their encroachments still rose in proportion to his concessions. Those subsidies, which themselves had voted, they reduced by a subsequent vote to a fourth part: the court of high commission was determined to be a grievance; martial law abolished; the jurisdiction of the council annihilated; proclamations and acts of state declared of no authority; every order or institution, which depended on monarchy, was invaded; and the prince was despoiled of all his prerogative, without the least pretext of any violence or illegality in his administration.

“The old Irish remarked all these false steps of the English, and resolved to take advantage of them. Though their animosity against that nation, for want of an occasion to exert itself, seemed to be extinguished, it was only composed into a temporary and deceitful tranquillity: their interests, both with regard to property and religion, secretly stimulated them to a revolt. No individual of any sept, according to the ancient customs, had the property of any particular estate; but as the whole sept had a title to a whole territory, they ignorantly preferred this barbarous community before the more secure and narrower possessions assigned them by the English. An indulgence, amounting almost to a toleration, had been given to the Catholic religion: but so long as the churches and the ecclesiastical revenues were kept from the priests, and they were obliged to endure the neighbourhood of profane heretics, being themselves discontented, they continually endeavoured to retard any cordial reconciliations between the English and the Irish nations.

“There was a gentleman called Roger More, who, though of a narrow fortune, was descended from an ancient Irish family, and was much celebrated among his countrymen for valour and capacity: this man first formed the project of expelling the English, and asserting the independency of his native country. He secretly went from chieftain to chieftain, and roused up every latent principle of discontent: he maintained a close correspondence with Lord Maguire and Sir Phelim O’Neale, the most powerful of the old Irish: by conversation, by letters, by his emissaries, he represented to his countrymen the motives of a revolt. He observed to them, that by the rebellion of the Scots, and factions of the English, the King’s authority in Britain was reduced to so low a condition, that he never could exert himself with any vigour in maintaining the English dominion over Ireland; that the Catholics in the Irish House of Commons, assisted by the Protestants, had so diminished the royal prerogative and the power of the lieutenant, as would much facilitate the conducting, to its desired effect, any conspiracy or combination which could be formed; that the Scots, having so successfully thrown off dependence on the crown of England, and assumed the government into their own hands, had set an example to the Irish, who had so much greater oppressions to complain of; that the English planters, who had expelled them their possessions, suppressed their religion, and bereaved them of their liberties, were but a handful in comparison of the natives; that they lived in the most supine security, interspersed with their numerous enemies, trusting to the protection of a small army, which was itself scattered in inconsiderable divisions throughout the whole kingdom; that a great body of men, disciplined by the government, were now thrown loose, and were ready for any daring or desperate enterprise; that though the Catholics had hitherto enjoyed, in some tolerable measure, the exercise of their religion from the moderation of their indulgent prince, they must henceforth expect that the government will be conducted by other maxims and other principles; that the puritanical parliament, having at length subdued their sovereign, would, no doubt, as soon as they had consolidated their authority, extend their ambitious enterprises to Ireland, and make the Catholics in that Kingdom, feel the same furious persecution to which their brethren in England were at present exposed; and that a revolt in the Irish, tending only to vindicate their native liberty against the violence of foreign invaders, could never, at any time, be deemed rebellion; much less during the present confusion, when their prince was, in a manner, a prisoner; and obedience must be paid, not to him, but to those who had traitorously usurped his lawful authority.

“By these considerations, More engaged all the heads of the native Irish into the conspiracy. The English of the pale, as they were called, or the old English planters, being all Catholics, it was hoped would afterwards join the party, which restored their religion to its ancient splendour and authority. The intention was, that Sir Phelim O’Neale and the other conspirators, should begin an insurrection on one day throughout the provinces, and should attack all the English settlements; and that, on the same day, Lord Maguire and Roger More should surprise the castle of Dublin. The commencement of the revolt was fixed on the approach of winter, that there might be more difficulty in transporting forces from England: succours to themselves and supplies of arms they expected from France, in consequence of a promise made them by Cardinal Richelieu; and many Irish officers, who served in the Spanish troops, had engaged to join them as soon as they saw an insurrection entered on by their Catholic brethren. News, which every day arrived from England, of the fury expressed by the Commons against all Papists, struck fresh terror into the Irish nation, and both stimulated the conspirators to execute their fatal purpose, and gave them assured hopes of the concurrence of all their countrymen.

“Such propensity to a revolt was discovered in all the Irish, that it was deemed unnecessary as it was dangerous to entrust the secret to many hands; and the appointed day drew nigh, nor had any discovery been yet made to the government. The king, indeed, had received information from his ambassadors, that something was in agitation among the Irish in foreign parts; but, though he gave warning to the administration in Ireland, the intelligence was entirely neglected: secret rumours likewise were heard of some approaching conspiracy; but no attention was paid to them. The Earl of Leicester, whom the King had appointed lieutenant, remained in London: the two justices, Sir William Parsons and Sir John Borlace, were men of small abilities; and, by an inconvenience common to all factious times, owed their advancement to nothing but their zeal for the party by whom everything was now governed. Tranquil from their ignorance and inexperience, these men indulged themselves in the most profound repose on the very brink of destruction.

“But they were awakened from their security on the very day before that which was appointed for the commencement of hostilities.[288] The castle of Dublin, by which the capital was commanded, contained arms for 10,000 men, with thirty-five pieces of cannon and a proportionable quantity of ammunition: yet was this important place guarded, and that too without any care, by no greater force than fifty men. Maguire and More were already in town with a numerous band of their partisans; others were expected that night: and, next morning, they were to enter on what they esteemed the easiest of all enterprises, the surprisal of the castle. O’Conolly, an Irishman, but a Protestant, betrayed the conspiracy to Parsons: the justices and council fled immediately for safety into the castle, and reinforced the guards: the alarm was conveyed to the city, and all the Protestants prepared for defence. More escaped; Maguire was taken; and Mahone, one of the conspirators, being likewise seized, first discovered to the justices the project of a general insurrection, and redoubled the apprehensions which already were universally diffused throughout Dublin.

“But though O’Conolly’s discovery saved the castle from a surprise, the confession extorted from Mahone came too late to prevent the intended insurrection. O’Neale and his confederates had already taken arms in Ulster: the Irish, everywhere intermingled with the English, needed but a hint from their leaders and priests to begin hostilities against a people whom they hated on account of their religion, and envied for their riches and prosperity. The houses, cattle, goods of the unwary English were first seized: those who heard of the commotions in their neighbourhood, instead of deserting their habitations, and assembling for mutual protection, remained at home, in hopes of defending their property; and fell thus separately into the hands of their enemies. After rapacity had fully exerted itself, cruelty—and the most barbarous that ever in any nation was known or heard of—began its operations: a universal massacre commenced of the English, now defenceless, and passively resigned to their inhuman foes: no age, no sex, no condition was spared: the wife, weeping for her butchered husband, and embracing her helpless children, was pierced with them, and perished by the same stroke: the old, the young, the vigorous, the infirm, underwent a like fate, and were confounded in one common ruin. In vain did flight save from the first assault; destruction was everywhere let loose, and met the hunted victims at every turn: in vain was recourse had to relations, to companions, to friends: all connections were dissolved, and death was dealt by that hand from which protection was implored and expected. Without provocation, without opposition, the astonished English, living in profound peace and full security, were massacred by their nearest neighbours, with whom they had long upheld a continual intercourse of kindness and good offices.

“But death was the slightest punishment inflicted by those rebels: all the tortures which wanton cruelty could devise, all the lingering pains of body, the anguish of mind, the agonies of despair, could not satiate revenge excited without injury, and cruelty derived from no cause. To enter into particulars would shock the least delicate humanity: such enormities, though attested by undoubted evidence, appear almost incredible: depraved nature, even perverted religion, encouraged by the utmost license, reach not to such a pitch of ferocity; unless the pity inherent in human breasts be destroyed by that contagion of example, which transports men beyond all the usual motives of conduct and behaviour.

“The weaker sex themselves, naturally tender to their own sufferings and compassionate to those of others, here emulated their more robust companions in the practice of every cruelty: even children, taught by the example, and encouraged by the exhortation of their parents, essayed their feeble blows on the dead carcasses or defenceless children of the English. The very avarice of the Irish was not a sufficient restraint of their cruelty: such was their frenzy, that the cattle which they had seized, and by rapine made their own, yet, because they bore the name of English, were wantonly slaughtered, or, when covered with wounds, turned loose into the woods and deserts.

“The stately buildings or commodious habitations of the planters, as if upraiding the sloth and ignorance of the natives, were consumed with fire, or laid level with the ground; and where the miserable owners, shut up in their houses, and preparing for defence, perished in the flames, together with their wives and children, a double triumph was afforded to their insulting foes.

“If any where a number assembled together, and, assuming courage from despair, were resolved to sweeten death by revenge on their assassins; they were disarmed by capitulations and promises of safety, confirmed by the most solemn oaths: but no sooner had they surrendered, than the rebels, with perfidy equal to their cruelty, made them share the fate of their unhappy countrymen.

“Others, more ingenious still in their barbarity, tempted their prisoners by the fond love of life, to imbrue their hands in the blood of friends, brothers, parents; and having thus rendered them accomplices in guilt, gave them that death which they sought to shun by deserving it.

“Amidst all these enormities, the sacred name of religion resounded on every side; not to stop the hands of these murderers, but to enforce their blows, and to steel their hearts against every movement of human or social sympathy. The English, as heretics, abhorred of God, and detestable to all holy men, were marked out by the priests for slaughter; and, of all actions, to rid the world of these declared enemies to Catholic faith and piety, was represented as the most meritorious. Nature, which, in that rude people, was sufficiently inclined to atrocious deeds, was farther stimulated by precept, and national prejudices empoisoned by those aversions, more deadly and incurable, which arose from an enraged superstition. While death finished the sufferings of each victim, the bigoted assassins, with joy and exultation, still echoed in his expiring ears, that these agonies were but the commencement of torments infinite and eternal.

“Such were the barbarities by which Sir Phelim O’Neale and the Irish in Ulster signalised their rebellion:—an event memorable in the annals of humankind, and worthy to be held in perpetual detestation and abhorrence. The generous nature of More was shocked at the recital of such enormous cruelties: he flew to O’Neale’s camp; but found that his authority, which was sufficient to excite the Irish to an insurrection, was too feeble to restrain their inhumanity. Soon after, he abandoned a cause polluted by so many crimes, and he retired into Flanders; Sir Phelim, recommended by the greatness of his family, and perhaps too by the unrestrained brutality of his nature, though without any courage or capacity, acquired the entire ascendant over the northern rebels. The English colonies were totally annihilated in the open country of Ulster: the Scots, at first, met with more favourable treatment. In order to engage them to a passive neutrality, the Irish pretended to distinguish between the British nations; and, claiming friendship and consanguinity with the Scots, extended not over them the fury of their massacres. Many of them found an opportunity to fly the country: others retired into places of security, and prepared themselves for defence: and by this means, the Scottish planters, most of them at least, escaped with their lives.

“From Ulster, the flames of rebellion diffused themselves in an instant over the other three provinces of Ireland: in all places death and slaughter were not uncommon, though the Irish in these other provinces pretended to act with moderation and humanity—but cruel and barbarous was their humanity. Not content with expelling the English their houses, with despoiling them of their goodly manors, with wasting their cultivated fields, they stripped them of their very clothes, and turned them out, naked and defenceless, to all the severities of the season. The heavens themselves, as if conspiring against that unhappy people, were armed with cold and tempest unusual to the climate, and executed what the merciless sword had left unfinished. The roads were covered with crowds of naked English, hastening towards Dublin and the other cities which yet remained in the hands of their countrymen: the feeble age of children, the tender sex of women, soon sunk under the multiplied rigours of cold and hunger. Here, the husband, bidding a final adieu to his expiring family, envied them that fate which he himself expected so soon to share: there, the son, having long supported his aged parent, with reluctance obeyed his last commands; and, abandoning him in his uttermost distress, reserved himself to the hopes of avenging that death which all his efforts could not prevent or delay. The astonishing greatness of the calamity deprived the sufferers of any relief from the view of companions in affliction: with silent tears or lamentable cries, they hurried on through the hostile territories; and found every heart which was not steeled by native barbarity, guarded by the more implacable furies of mistaken piety and religion.

“The saving of Dublin preserved in Ireland the remains of the English name: the gates of that city, though timorously opened, received the wretched supplicants, and presented to the view a scene of human misery beyond what any eye had ever before beheld. Compassion seized the amazed inhabitants, aggravated with the fear of like calamities; while they observed the numerous foes without and within which everywhere environed them and reflected on the weak resources by which they were themselves supported. The more vigorous of the unhappy fugitives, to the number of 3000, were enlisted into three regiments: the rest were distributed into the houses; and all care was taken, by diet and warmth, to recruit their feeble and torpid limbs; diseases of unknown name and species, derived from these multiplied distresses, seized many of them, and put a speedy period to their lives: others, having now leisure to reflect on their mighty loss of friends and fortune, cursed that being which they had saved. Abandoning themselves to despair, refusing all succour, they expired; without other consolation than that of receiving among their countrymen, the honours of a grave, which to their slaughtered companions had been denied by the inhuman barbarians.

“By some computations, those who perished by all these cruelties, are supposed to be 150,000, or 200,000; by the most moderate, and probably the most reasonable account, they are made to amount to 40,000; if this estimation itself be not, as is usual in such cases, somewhat exaggerated.””

Such were the calamitous circumstances in which the Kingdoms of Britain and Ireland were placed at the period to which we now refer, arising, primarily from the mistaken policy of the King, in attempting to rule the nations under his sway, (in which the seeds of public liberty had been planted at the time of the Reformation, and had become widely disseminated,) solely by virtue of the royal prerogative, suited only to a very different state of society. The dissolution and entire disuse of Parliaments in England, the wealthier of his Kingdoms—his rash attempt to enforce, by mere authority, an equivocal system of Episcopacy in Scotland—the results of these several unfortunate measures, which we have already detailed—and the fatal error which he committed in sacrificing one of his most heroical and devoted friends, Stratford, to the antipathy of the English Puritans and Republicans—combined to produce the lamentable state of affairs which we are now contemplating; and, assuredly, if ever a human being, in the whole range of history, has claims on our commiseration, that man was Charles I., when, in the month of November 1641, the tidings of this horrible carnage in Ireland reached him, at Holyrood, in the palace of his ancestors, and in the bosom of his fatherland, of which he was now, indeed, but a nominal sovereign. We pause not to detail the particulars of those jealousies and jarrings, the “plots” and “incidents,” which at the moment surrounded him in Scotland, or awaited him in England, on his return thither, of which ample accounts are elsewhere to be found. On receiving the news of the Irish massacre, the King immediately went to the Parliament House and communicated the intelligence, calling on the Estates to co-operate with the Parliament of England in suppressing this frightful rebellion. And although he repeatedly urged them to the dispatch of business, that he might return to England in the exigency of these complicated national affairs, it was not until the 17th day thereafter that he was enabled to prorogue the Parliament—the intermediate time being consumed in an infinite variety of legislative proceedings, many of them trivial, but others of them eminently calculated to consolidate the supremacy of the Estates, and to benefit and strengthen the Presbyterian Church now firmly established. The first long parliament of Scotland was adjourned on the 17th of November 1641, and continued till the 1st Tuesday of June 1644.[289] The King entertained all the nobility in the great banquet-hall of the palace, in the evening—after having previously bestowed honours on the chiefs among them; and early next morning, he set out on his journey towards London, never to revisit the home of his fathers, or to look with patriotic emotion on the hills of his native land.

Without enumerating all the public Statutes of this Parliament, it is important to notice some of them, and the acts of grace and favour bestowed by the King, during his residence, on that occasion.

Among the honours conferred, the Earl of Argyle was created a Marquis; the Lords Loudoun and Lindsay, and General Leslie, were promoted to the rank of Earls; and, to grace the elevation of the man who had twice been the leader in baffling his King in the field, four of his attendants were knighted. Balmerino was overlooked in this distribution of titles, and Rothes was cut off by death, from reaping, in a higher title, the first fruits of his exertions to shear the crown of its beams; thus eluding, too, the unpopularity which was impending over him, as a backslider in the cause of the Covenant. In this particular he was not singular; for Dunfermline and the Lairds of Waughton, Cavers, Riccarton, and others, besides Montrose and his “banders,” fell into discredit, on account of their “cauldrifeness” in the cause; whilst Hamilton, Traquair, and others were destined to suffer all the varieties of fortune, which political revolutions and popular favour, alternately and invariably exhibit.

But these were not the only boons which were bestowed by Charles on his Scottish subjects, and which called forth from the Lord Chancellor, Loudoun, and Sir Thomas Hope, in the face and name of Parliament, at its close, the grateful declaration, that his Majesty had given his Estates satisfaction in all things concerning religion and liberty, and that he was about to depart “a contented king from a contented country.” Among the more substantial largesses on this occasion, General Leslie, now Earl of Leven, obtained 100,000 merks out of the “brotherly assistance;” Alexander Henderson received a gift of the revenues belonging to the dean of the chapel royal; while other leading men, cities and universities, cast lots for the garments which had previously clothed the Episcopal establishment. The bishopricks and deanery of Edinburgh and Orkney, were bestowed on the university of Edinburgh. That of St Andrew’s obtained £1000 sterling per annum, out of the bishoprick and priory of St Andrew’s. The bishoprick of Galloway, and spirituality of Glasgow were given to its college, while the temporalities of the latter were bestowed on the Duke of Lennox. The old college of Aberdeen got its bishoprick revenues. The town of Perth got a moiety of the revenues of Dunkeld, to build a bridge over the Tay; the Hammermen of Edinburgh (doubtless for services in their own department) receiving the remainder. Argyle secured the revenues of that see and of the Isles, whilst Ross, Moray, and Caithness, were distributed amongst other zealous friends of the cause. These vulgar facts go far to explain some of the public phenomena of “the Second Reformation,” and to account for the zeal which had been manifested under the banner, with “Christ’s Crown and Covenant, in letters of gold,”” inscribed upon its foldings. For the working clergy—for the Church, in its ordinary acceptation, nothing was done in this scramble for a share of the plunder; but the discontent thus excited, was partially allayed by the appointment of a Commission to value the teinds, and grant augmentations to the parish ministers—a barren and unfruitful gift, which left many of the Presbyterian clergy, for a long period, in a state approaching to pauperism, until within the last thirty years, that a decent provision was made for the maintenance of the Scottish Church, by an act of the British Parliament.[290]

The only other act of the King and Estates of Scotland in 1641, to which our attention is more especially called at present, is that by which a commission of that body was appointed as Conservators of the late treaty of peace with England, and under this guise invested with all the executive powers of the Crown, and the functions of Parliament. It consisted of fifty-six members, of whom seventeen were peers, twenty-one barons, and eighteen burgesses, any twelve of them a quorum; and on this junto was devolved, for the space of three years, with all the formalities of law, the supreme authority of the state, enabling them to levy men and taxes, and exercise uncontrolled sway over the land as they listed. Henceforward the Scottish monarchy was in abeyance, and the kingly authority and prerogatives extinguished, and the government vested in a motley oligarchy, to whose unlimited sway, no constitutional check was provided, save the remote contingency of rendering an account of their conduct to a full Parliament, to be held at the distance of three years thereafter. This extraordinary arrangement has been lauded by some historians, as a wise and safe measure; but we take leave to dissent from the theory, and to think that, had the royal prerogative of calling parliaments, not been thus practically abrogated for a time, many of the calamities which ensued in both kingdoms, might have been averted or greatly softened in their character.

But leaving Scotland, for the present, under the sway of its Parliamentary Commission, our attention is unavoidably called to the state of matters in England, after the King returned thither on the 25th of November. On that occasion he was warmly welcomed by the citizens of London, and sumptuously banqueted by the corporation, which His Majesty requited by bestowing honours on the chief functionaries. The amicable termination of the Scottish Parliament, and the prostration of royal authority which had there taken place, inspired the English malcontents at once with jealousy, lest their own schemes might eventually be thwarted by a good understanding betwixt Charles and his Scottish subjects—and with hopes that, by intimidation and coercion, they might constrain him into a similar subjection to their own designs. For this purpose, and in striking contrast with the professions of loyalty which had greeted the King’s return to Whitehall, the Commons appointed a committee to draw up a catalogue of grievances, which, when finally concocted in the shape of a “Remonstrance,” contained no fewer than 206 articles of accusation, enumerating almost every act of the King since his accession, as infringements of the liberties of the people. This remonstrance, or rather impeachment, was presented to the King, calling on him, amongst other unconstitutional propositions, to concur in ejecting the bishops from the House of Peers; and, without consulting the other branch of the legislature on the subject, the Commons, in violation of all the usages of Parliament, printed and dispersed it over the country, thereby exciting an agitation, and spreading this firebrand of sedition throughout the whole land. Proceedings of a most violent nature were also instituted against the bishops who had recently absented themselves from Parliament under protest, being deterred from attendance by the violence of the mob, which had been incited by the usual methods to insult and assail them personally. And the collision betwixt the King and the Commons was brought to a crisis by His Majesty going to the house in person, to arrest with an armed force, five of its members, as guilty of high treason, by reason of the part which they had acted in various matters. In this he failed—the objects of his resentment having escaped from the effects of his immediate and natural resentment. Failing in his object, the irritation of the Commons was unbounded, and the populace was so much excited by the alarm, real or affected, of the Commons, lest their personal safety and their privileges were endangered, that the King, to avoid indignity and outrage to himself and his family, (on January 10,) left Whitehall and retired to Hampton Court—a removal which afforded to the Commons and their supporters, the populace of London, a great advantage over him. The Commons had impeached the Bishops, and the King had impeached Lord Kimbolton, Hampden, Pym, and others of the Commons, as guilty of high treason; one chief ground of the latter being an accusation against them, that the Scots invasion had been mainly occasioned by their invitation and encouragement, of which it has been said that Montrose furnished the King with information.

During the progress of these agitations in England, the spirit which guided them extended to Scotland; and the multitude, who, once excited by popular movements, are ever liable to sudden impulses from incendiary excitement elsewhere, joined in the clamours of the English malcontents, threatening to carry another crusade into England, and to aid in the subversion of its Church, and against the King—a project in which they were countenanced by too many of the Scotch clergy and politicians of the day. Even Henderson, the best, and, perhaps, the brightest man of which Scotland could then boast, incurred unpopularity for opposing this piece of extravagance. Balmerino, Lothian, Lindsay, Archibald Johnston, and Hope the younger, having been sent up by the Scotch Committee of Estates, to negotiate with the English Parliament about sending troops to Ireland, were not contented to restrict themselves within the limits of their commission, but renewed their intrigues (as during the progress of the treaty of peace,) with the wildest of the English incendiaries; and, on the 15th of January, 1642, had the audacity, under a pretext of mediating betwixt the King and his English Parliament, to make written communications to both, embodying the sentiments which they cherished, for the destruction of Episcopacy in England and the planting of Presbytery in its stead. A theory was then prevalent, which has been revived even in more recent times, that Presbytery is clothed with a jus divinum—that it alone and exclusively is the form of church-government sanctioned by Scripture—and that it was the bounden duty of its professors, like the Propaganda of Rome, to exert themselves in its extension to all the nations of the earth. This phantasy was evidently not merely inconsistent, but irreconcilable with the maxims on which they themselves had avowedly acted in resisting the imposition of the Service Book and Episcopal Canons on Scotland: but no incongruity of principle or conduct is too gross for fanatics of any sort; and, as remarked by Dr Cook, “their vehement complaints against the Church of England are entitled to as little attention as the contemptuous aspersions which the zealots for prelacy, even at the present day, cast upon every form of ecclesiastical polity different from their own.” The King indignantly prohibited such officious interferences, and, on the 26th of the same month, wrote to the Chancellor of Scotland, requesting that the Council would prohibit these mischievous meddlers from indulging in such practices.[291] The Parliament, however, received this intervention most graciously, encouraged their sympathizing testimonies, and opened correspondence with the most bustling Covenanters in Scotland, to secure co-operation and support in their destructive projects.[292]

The differences betwixt the King and his English Parliament had now assumed a very decisive character; and for some time, it had been evident that no accommodation could be effected otherwise than by the ultima ratio—the sword. The King proceeded to York on the 10th of March; and, on the 23d day of April, went to Hull, with an attendance of 300 cavalry, his usual guard; but Sir John Hotham, the Governor, refused him admission within its walls with more than twelve attendants, assigning as his warrant an order from the Parliament.[293] The King pronounced him a traitor; and thus the civil war in England may be said to have commenced.

A very unprofitable question has often been agitated with regard to who began the civil war. In this particular stage of it, however, there seems to be no room for doubt: by the pretensions of the Parliament, or rather of the House of Commons, to the entire control over the militia and army, which the King refused to concede, but more especially by this mandate to the governor of Hull, to refuse admission to their sovereign, with such a military attendance as he might deem fitting—that body usurped a prerogative inherent in the crown from the earliest times of the monarchy, and inseparable from the supreme executive authority in every country.

Whatever may be said by partisan advocates as to the King’s intentions—of his procuring military munitions, pledging the crown jewels for these and such like pretexts—all these apologies for the Commons are utterly irrelevant; and the logic by which they are enforced, is akin to that by which the same faction, in a decree of constructive treason, converted a cluster of insufficient facts into an offence, for which they shed Stratford’s blood. That the command of the army—that military occupation of every place within his dominions—are essential elements in the prerogatives of a British monarch, (subject only to the constitutional control of the Commons, in withholding supplies for its maintenance, if they see cause,)—is a proposition that cannot be soundly questioned. And, independently of every other consideration, this single overt act of usurpation of supreme executive functions, was unconstitutional, and an undeniable act of rebellion on the part of the English Parliament.

While these high points of controversy were in dependence betwixt the King and the Commons, (for from the commencement of the troubles, the House of Lords unfortunately relinquished its independent jurisdiction, instead of operating as a check on the two other conflicting branches of the legislature,) the King was intent on raising forces not merely for the maintenance of his authority at home, but for the suppression of the Irish rebellion, and he purposed heading the forces to be supplied from England and Scotland for this latter purpose. The republicans of that day, however, in both kingdoms, were averse to this, fearing lest the King might win the attachment of the army, and thereby quash their projects. In Scotland, Loudoun the chancellor, by his Majesty’s command, convened the Council; and the work of agitation having preceded its meeting, multitudes thronged to Edinburgh, and petitioned the Council that nothing should be done “prejudicial to the work of reformation, and the treaty of union betwixt the kingdoms.” The most malign surmises as to the King’s intentions, were propagated and believed by the vulgar, while the real incendiaries in both kingdoms were scattering their firebrands far and wide, and by the most approved modes of open and clandestine excitement.

While the political affairs of the three kingdoms were in this unsettled and perilous state, and all the elements of social disorganization let loose in every quarter of these islands, the General Assembly of the church convened at St Andrews on the 27th of July 1642. We now proceed to record its Acts, and give in our supplement of documents, a detailed account of its proceedings by Baillie, which presents a very lively picture of the feverish state of the public mind at the period now referred to.

THE PRINCIPALL ACTS OF THE GENERALL ASSEMBLY, CONVEENED AT ST ANDREWS, JULY 27, 1642.

Act, Sess. I. 27 July, 1642.

The Kings Letter to the Generall Assembly, presented by His Majesties Commissioner, the Earle of Dumfermling, July 27, 1642.

CHARLES R.

In the midst of Our great and weighty affaires of Our other Kingdoms, which God Almighty, who is privie to Our Intentions, and in whom We trust, will in his own time bring to a wished and peaceable conclusion, We are not unmindfull of that duetie which we owe to that Our ancient and native Kingdome, and to the Kirks there, now met together by their Commissioners in a Nationall Assembly. God, whose Vicegerent We are, hath made Us a King over divers Kingdomes, and We have no other desire, nor designe, but to govern them by their own Lawes, and the Kirks in them by their own Canons and Constitutions. Where any thing is found to be amisse, We will endeavour a Reformation in a fair and orderly way; and where a Reformation is settled, We resolve, with that authoritie wherewith God hath vested Us, to maintain and defend it in peace and libertie, against all trouble that can come from without, and against all Heresies, Sects, and Schismes which may arise from within, Nor do We desire any thing more in that Kingdom (and when we shall hear of it, it shall be a delight and matter of gladnesse unto Us) then that the Gospel be faithfully preached throughout the whole Kingdom, to the outmost skirts and borders thereof. Knowing that to be the mean of honour to God, of happinesse to the people, and of true obedience to Us. And for this effect, that holy and able men be put in places of the Ministery, and that Schooles and Colledges may flourish in Learning and true Pietie. Some things for advancing of those ends, We did of Our own accord promise in Our Letters to the last Assembly, and We make your selves Judges, who were witnesses to Our Actions, while We were there in Person, whether we did not perform them both in the point of presentations which are in Our hands, and in the liberall provision of all the Universities and Colledges of the Kingdome, not only above that which any of Our Progenitors had done before Us, but also above your own hopes and expectation. We doe not make commemoration of this Our Beneficence, either to please Our selves, or to stop the influence of Our Royall goodnesse and bountie for afterward, but that by these reall demonstrations of Our unfained desires and delight to do good, you may be the more confident to expect from Us, whatsoever in Justice We can grant, or what may be expedient for you to obtaine. We have given expresse charge to Our Commissioner, to see that all things be done there orderly and peaceably, as if We were present in Our Own Person; not doubting but in thankfulnesse for your present estate and condition, you will abstaine from everything that may make any new disturbance, and that you will be more wise then to be the enemies of your own peace, which would but stumble others, and ruine yourselves. We have also commanded Our Commissioner to receive from you your just and reasonable desires, for what may further serve for the good of Religion, that taking them to Our considertion, We may omit nothing which may witnesse Us to be indeed a nursing Father of that Kirk wherein We were born and baptized, and that if ye be not happy, you may blame not Us, but yourselves. And now what doe We again require of you, but that which otherwise you owe to Us as your Soveraigne Lord and King, even that ye pray for Our prosperity and the peace of Our Kingdomes, that ye use the best meanes to keep Our People in obedience to Us and Our Lawes, which doth very much, in Our personall absence from that Our Kingdome, depend upon your preaching and your own examplary loyaltie and faithfulnesse, and that against all such jealousies, suspitions, and sinister rumors, as are too frequent in these times, and have been often falsified in time past, by the reality of the contrary events: Ye judge Us and Our professions by Our actions, which, we trust, through God in despite of malice, shall ever go on in a constant way for the good of Religion and the weal of Our People, which is the Chiefest of Our intentions and desires. And thus we bid you farewell. Given at our Court at Leicester, the 23 of July. 1642.

To Our trusty and wel beloved the Generall Assembly, in Our Kingdom of Scotland, conveened at S. Andrews.

Act, Sess. III. July 29, 1642.

Act for bringing in of the Synode Books yeerly to the Generall Assemblies.

The Moderator calling to minde that which was forgotten in the preceeding Sessions, the examination of the Provinciall Books, caused call the Roll of the Provinciall Assemblies; and the Assembly finding very few Provinces to have sent their Books to this Assembly, notwithstanding of the ordinance of the former Assembly thereanent, for the more exact obedience of that ordinance hereafter, the Assembly, in one voyce, ordaines, That the Books of every Provinciall Assembly shall be brought and produced to every Generall Assembly: And that this may be performed, ordaines that every Clerk of the Provincialls either bring or send the said Books yearly to the Generall Assemblies, by the Commissioners sent to the Assemblies, from these Presbyteries where the Clerks reside. Which charge the Assembly also layes upon the said Commissioners, sent from the saids Presbyteries where the Clerks reside; ay, and while some meanes be provided, whereby the Clerks charges may be sustained for coming with the saids Books themselves: And that under the pain of deprivation of the Clerk in case of his neglect, and of such censure of the saids commissioners, in case of their neglect as the Assembly shall think convenient.

Act, Sess. V. Aug. 1, 1642.

Act anent the choosing of Kirk Sessions.

Anent the question moved to the Assembly, concerning the election of Kirk Sessions, The Assembly ordaines the old Session to elect the new Session both in Burgh and Land. And that if any place shall vaik in the Session chosen, by death or otherwise, the present Session shall have the election of the person to fill the vacand roome.

Sess. VI. 2 Aug. 1642.

The report of the interpretation of the Act at Edinburgh, anent tryall of Ministers.

The meaning of the foresaid Act, is not that an actuall Minister to be transported, shall be tried again by the tryalls appointed for trying of Expectants, at their entry to the Ministery, according to the Acts of the Kirk; but only that he bringing a Testimoniall of his former tryalls, and of his abilities, and conversation, from the Presbyterie from whence he comes, and giving such satisfaction to the Parochiners Presbyterie whereto he comes in preaching, as the Presbyterie finds his gifts fit and answerable for the condition and disposition of the Congregation, whereto he is presented. Because, according to the Act of the Assembly 1596, renewed at Glasgow, some that are meet for the Ministery in some places, are not meet for all alike: and Universities, Towns, and Burghs, and places of Noblemens residence, or frequencie of Papists, and other great and eminent Congregations, and in sundry other cases, require men of greater abilities, nor will be required necessarily in the planting of all private small Paroches, the leaving of the consideration of these cases unto the judgement and consideration of the Presbyterie, was the only intention of the Act.

The Assembly approves the meaning and interpretation foresaid, and appoints the said Act, according to this interpretation, to stand in force, and to have the strength of an Act and Ordinance of Assembly in all time coming.

Act, Sess. VII. 3 Aug. 1642.

Act anent the order for making Lists to his Majestie, and other Patrons for Presentations; the order of tryall of Expectants, and for trying the quality of Kirks.

Forsameikle as His Majestie was graciously pleased in his Answer to the Petition, tendred by the Commissioners of the late Assembly to His Majestie, to declare and promise, for the better providing of vaiking Kirks, at His Majesties Presentation with qualified Ministers, to present one out of a list of six persons, sent to His Majestie from the Presbyteries wherein the vaiking Kirk lyeth, as His Majesties Declaration, signed with his Royal hand at Whitehall, the 3 of January last, registrate in the books of Assembly, this day at length beares. And suchlike whereas the Lords of Exchequer, upon a Petition presented to them by the Commissioners of the Generall Assembly, and the Procurator and Agent for the Kirk representing two Prejudices; one, that gifts obtained from His Majestie of patronages of Kirks, at his Presentation were passing the Exchequer, without the qualification and provision of a List, wherewith His Majestie was pleased to restrict himself; and the other, that some were seeking gifts of patronage of Bishop Kirks, which are declared to belong to Presbyteries, to be planted by two Acts of the late Parliament: The saids Lords have ordained that no signator, containing gifts of patronages from His Majestie, shall passe hereafter, but with a speciall provision that the same shall be lyable to the tenor of His Majesties said Declaration. Ordaining also the Procurator and Agent of the Kirk to be advertised, and to have place to see all signators whatsoever, containing any patronage, to the effect they may represent the interest of the Kirk therein; as the said Act of the date the 27 of June last, registrate also in the Books of Assembly, this day at length beares. Therefore, that the saids Kirks which now are, or which were at His Majesties presentation the said third day of January last, may be the better provided with able Ministers, when the samine shall vaik, The Assembly ordaines that hereafter every Presbytery shall give up yearly a Roll of the ablest of their Expectants, to their Synods; and that the Synods select out of these Rolls such persons whom they in certain knowledge judge most fit for the Ministrie, and worthiest of the first place, With Power to the Synods to adde or alter these Rolls given by the Presbyteries, as they thinke reasonable: And that the Synods shall send the Rolls made by them in this manner, to the next Generall Assembly, who shall also examine the Rolls of the Synods, and adde or alter the same as shall be thought expedient. Which Roll made by the Generall Assembly, shall be sent to every Presbyterie, and that the Presbyterie, with consent of the most or best part of the Congregation, shall make a List of six persons willing to accept of the presentation out of that Roll of the Assembly, upon every occasion of vacation of any Kirk within their bounds, and shall send the samine, together with a blank presentation: The which (if His Majesty be Patron to the vacant Kirk) shall be sent by the said Procurator and Agent, to such as the Commissioners of the Generall Assembly, or in their absence the Presbyterie of Edinburgh, shall direct and think at that time most able and willing to obtain the presentation, to be signed and filled up by His Majesties choise of one of the List. And if the vacant Kirk be of a Patronage disponed by His Majesty since the 3 of January, in that case either the Presbyteries themselves shall send a List to six persons in maner aforesaid, with a blank presentation to the Patron, to be filled up by his choise, and subscribed, or send the samine to the saids Officers of the Kirk, to be conveyed by them to the Patron of the vaiking Kirk, as the Presbyterie shall think most expedient. It is alwayes declared, that this order shall be without prejudice to the Presbyteries, with consent foresaid, to put actuall Ministers upon the said List of six persons, to be sent to the Patron of the said vaiking Kirks, if they please. And least that the nomination of Expectants by Presbyteries, Synods, or Assemblies, in their Rolls or Lists foresaid, be misinterpreted, as though the Expectants nominated in these Rolls and Lists, were thereby holden and acknowledged to be qualified, which is not the intention of the Assembly, who rather think, that in respect of this Order, there should be a more exact tryall of Expectants then before: Therefore the Assembly ordaines, That no Expectants shall be put on the Rolls or Lists above-mentioned, but such as have been upon the publike exercise, at the least by the space of half a year, or longer, as the Presbyterie shall finde necessary. And suchlike ordaines, that hereafter none be admitted to the publike exercise, before they be tryed, according to the tryall appointed for Expectants, at their entrie to the Ministerie in the late Assembly at Glasgow, in the 24 Article of the Act of the 23 Session thereof: which tryall, the Assembly appoints to be taken of every Expectant, before his admission to the publike exercise. And suchlike ordaines, That the samine tryall shall be again taken immediately before their admission to the Ministerie, together with their tryall mentioned in the advice of some Brethren deputed for penning the corruptions of the Ministery, approven in the said Act of the Generall Assembly at Glasgow. And because that Kirks of the patronages foresaids, will vaik before the Rolls and Lists be made up by the Presbyteries, Synods, and Generall Assemblies, in manner foresaid: Therefore, in the interim, the Assembly ordains the Commissioners of every Presbyterie here present, to give in a List of the ablest Expectants within their bounds, the morn, to the Clerk of the Assembly, that the Assembly may, out of these Rolls, make a List to be sent to every Presbyterie: Out of which the Presbyteries shall make a List of six persons, with consent foresaid, and send the samine upon vacancie of any Church within their bounds, together with a presentation to His Majestie, or any other patron, in manner foresaid. And because the Procurator and Agent of the Kirk cannot get sufficient information to the Lords of Exchequer, anent the Right and Interest of the Kirk, and Presbyteries in Kirks, whereof gifts of patronages may be presented to the Exchequer: Therefore the Assembly ordaines for their better information hereanent, that every Presbyterie, with all diligence, use all meanes of exact tryall of the nature and qualitie of all Kirks within their bounds, as what Kirks belong to the Kings Majesties patronage, what to other Laick patronages, what Kirks of old were planted by Presbyteries, and what by Prelates and Bishops, before the Assembly at Glasgow 1638, what hath been the way and time of the change of the planting and providing of the Kirks, if any have been changed, or any other thing concerning the nature and qualitie of every Kirk within their bounds, and to send the same to the Procurator of the Kirk with all diligence.

* * * * *

Act anent Lists for the Kirks in the High-lands.

The Assembly considering that in Argyle, and in other places of the Irish language, there will not be gotten six expectants able to speak that language. And therefore the Assembly is hopefull, that in these singular cases, His Majestie will be pleased, for Kirks vacand in the High-lands, to accept of a List of so many expectants as can be had, able to speak the Irish language. And the Commissioners Grace promiseth to recommend it to His Majestie.

* * * * *

Overtures against Papists, non-Communicants, and Profaners of the Sabbath.

I. The Assembly would draw up a Supplication to be presented by the Commissioners of the Presbyterie of Edinburgh to the Councell at their first meeting, for the due execution of the Acts of Parliament and Councell against Papists, wherein it will be specially craved, that the Exchequer should be the Intromettors with the Rents of these who are excommunicate, and that from the Exchequer the Presbyterie may receive that portion of the confiscate goods, which the Law appoints to be imployed ad pios usus.

II. Every Presbyterie would conveen at their first meeting, all known Papists in their bounds, and require them to put out of their company, all friends and servants who are Popish within one moneth: also within that same space, to give their children, sons and daughters, who are above seven yeers old, to be educate at their charges, by such of their Protestant friends, as the Presbyterie shall approve, and finde sufficient caution for bringing home within three moneths such of their children who are without the Kingdom, to be educate in Schooles and Colledges at the Presbyteries sight; to finde caution likewise of their abstinence from Masse, and the company of all Jesuits and Priests.

III. That all, of whatsoever rank or degree, who refuse to give satisfaction in every one of the foresaid Articles, shall be processed without any delay; but those who give satisfaction shall be dealt with in all meeknesse, after this manner: The Presbyteries shall appoint such of their number as they shall find fittest to confer with them so frequently as the Brethren are able to attend, untill the midst of October next, against which time, if they be not willing to go to Church, they shall give assurance to go and dwell in the next adjacent University Town, whether Edinburgh, Glasgow, S. Andrews, or Aberdene, from Novemb. 1, to the last of March, where they shall attend all the diets of conference which the professors and Ministers of the bounds shall appoint to them: by which, if they be not converted, their obstinacy shall be declared in the Provincial Synods of April, and from thence their Processe shall go on to the very closure without any farther delay.

IIII. That every Presbyterie, as they will be answerable to the next Generall Assembly, be carefull to do their dutie in all the premisses.

V. That there be given presently, by the members of this present Assembly, unto the Commissioners of the Presbyterie of Edinburgh, a List of all excommunicate Papists they know, and of all Papists who have children educate abroad, that they may be presented, together with our Supplication, to the Councell, at their first sitting.

VI. That the Councell may be supplicate for an Act, that in no Regiment which goes out of the Kingdom, any Papists bear office, and that the Colonell be required to finde caution for this effect, before he receive the Councels Warrant for levying any Souldiers: also that he finde caution for the maintaining of a Minister, and keeping of a Session in his Regiment.

Item, The Assembly would enjoyn every Presbyterie to proceed against non-Communicants, whether Papists or others, according to the Act of Parliament made thereanent. And suchlike, that Acts of Parliament against prophaners of the Sabbath be put to execution.

The Assembly approves the Overtures foresaid, and ordains Presbyteries to put the samine to execution with all diligence: and that the Commissioners of every Presbyterie give in a List of the excommunicate Papists within their bounds, and of Papists children out of the Countrey, to the Clerk, that the same may be presented to the Councell by the Commissioners of this Assembly.

* * * * *

Act anent the joyning of the Presbyterie of Sky to the Synode of Argyle.

The Generall Assembly having considered the whole proceedings of the Commissioners of the late Generall Assembly holden at Edinburgh, anent the reference made to them concerning the Presbyterie of Sky, together with the whole reasons pro & contra in the said matter, after mature deliberation have ratified and approved, and by these presents ratifie and approve the Sentence of the saids Commissioners thereintill. And further ordains the said Presbytery of Sky, and all the Ministers and Elders thereof, to keep the meetings of the Provincial Assembly of Argyle, where they shall happen to be appointed in all time coming, suchlike as any other Presbyterie within the bounds of the said Province of Argyle uses to do: And that the samine Presbyterie be in all time hereafter within the jurisdiction of the said Provincial Assembly, without any further question to be made thereanent.

Sess. VIII. 3 Aug., post meridiem.

The Supplication of this Assembly to the Kings Majestie.

To the Kings most Excellent Majestie, the hearty thanksgiving, and humble Petition of the Generall Assembly of the Kirk of Scotland, met at S. Andrews July 27, 1642.

Our hearts were filled with great joy and gladnesse at the hearing of Your Majesties Letter, which was read once and again in face of the Assembly, every line thereof almost either expressing such affection to the reformed Religion, and such royall care of us, as we could require from a Christian Prince; or requiring such necessary duties from us, as we are bound to performe as Ministers of the Gospel and Christian Subjects: For which, as solemne thanks were given by the Moderator of the Assembly, so do we all with one voice in all humility, present unto Your Majestie the thankfulnesse of our hearts, with our earnest prayers to God for Your Majesties prosperity, and the peace of your Kingdoms, that Your Majestie may be indeed a nursing Father to all the Kirks of Christ in Your Majesties Dominions; and especially to the Kirk of Scotland, honoured with your Birth Baptisme: promising our most serious indeavours by doctrine and life, to advance the Gospel of Christ, and to keep the people in our charge in Unity and Peace, and in all loyalty and obedience to Your Majestie and your Laws. Your Majesties commands to your Commissioner, the Earle of Dumfermling, to receive from us our just and reasonable desires for what may further serve for the good of Religion here, the favours which we have received already, and Your Majesties desire and delight to do good, expressed in your Letter, are as many encouragements to us, to take the boldnesse in all humility to present unto Your Majestie (beside the particulars recommended to Your Majesties Commissioner) one thing, which for the present is the chiefest of all our desires, as serving most for the glory of Christ, for Your Majesties Honour and Comfort; and not onely for the good of Religion here, but for the true happinesse and peace of all Your Majesties Dominions; which is no new motion, but the prosecution of that same which was made by the Commissioners of this Your Majesties Kingdom in the late Treatie, and which Your Majestie, with advice of both Houses of Parliament, did approve in these words: “To their desire concerning unitie in Religion and uniformitie of Church government, as a speciall meanes of conserving of Peace betwixt the two Kingdoms, upon the grounds and reasons contained in the Paper of the 10 of March, given in to the Treaty and Parliament of England: It is answered upon the 15 of June, That His Majestie, with advice of both Houses of Parliament, doth approve of the affection of His Subjects of Scotland, in their desire of having the conformity of Church-government betwixt the two Nations, and as the Parliament hath already taken into consideration the reformation of Church government, so they will proceed therein in due time, as shall best conduce to the glory of God, the Peace of the Church and of both Kingdoms, 11 of June 1641.” In our Answer to a Declaration sent by the now Commissioners of this Kingdom from both Houses of Parliament, we have not onely pressed this point of unity in Religion and Uniformity of Church-government, as a meane of a firme and durable union betwixt the two Kingdomes, and without which former experiences put us out of hope long to enjoy the puritie of the Gospel with Peace, but also have rendred the reasons of our hopes and confidence, as from other considerations, so from Your Majesties late Letter to this Assembly, that Your Majestie in a happy conjunction with the Houses of Parliament, will be pleased to settle this blessed Reformation, with so earnestly desired a Peace in all your Dominions. And therefore we Your Majesties most loving Subjects, in name of the whole Kirks of Scotland, represented by us, upon the knees of our hearts, do most humbly and earnestly beg, that Your Majesty in the deep of your Royall Wisdom, and from your affection to the true Religion and the Peace of your Kingdoms, may be moved to consider, that the God of Heaven and Earth is calling for this Reformation at your hands, and that as you are his Vice-gerent, so you may be his prime Instrument in it. If it shall please the Lord (which is our desire and hope) that this blessed unitie in Religion and Uniformity in Government shall be brought about; your Majesties Conscience, in performing of so great a dutie, shall be a well-spring of comfort to Your Self, your memory shall be a sweet favour, and your name renowned to all following generations. And if these unhappy commotions and divisions shall end in this peace and unity, then it shall appeare in the Providence of God, they were but the noyse of many waters, and the voyce of a great thunder before the voyce of harpers harping with their harps, which shall fill this whole Iland with melodie and mirth, and the name of it shall be, THE LORD IS THERE.

* * * * *

The Declaration of the Parliament of England, sent to the Assembly.

The Lords and Commons in this present Parliament assembled, finding to their great grief, that the distractions of this Kingdome daily increase, and that the wicked counsells and practises of a malignant party amongst us (if God prevent them not) are like to cast this nation into bloud and confusion, To testifie to all the World how earnestly they desire to avoid a Civill Warre, they have addressed themselves in an humble Supplication to His Majestie, for the prevention thereof. A Copy of which their Petition, they have thought fit to send at this time to the Nationall Assembly of the Church of Scotland, to the intent that that Church and Kingdome (whereunto they are united by so many and so near bonds and tyes, as well Spirituall as Civill) may see that the like minde is now in them, that formerly appeared to be in that Nation. And that they are as tender of the effusion of Christian bloud on the one side, as they are zealous on the other side of a due Reformation both in Church and State. In which work, whilest they were labouring, they have been interrupted by the plots and practises of a malignant party of Papists, and ill-affected persons, especially of the corrupt and dissolute Clergy, by the incitement and instigation of Bishops, and others, whose avarice and ambition being not able to bear the Reformation endeavoured by the Parliament, they have laboured (as we can expect little better fruit from such trees) to kindle a flame, and raise a combustion within the bowels of this Kingdom: Which if by our humble supplication to His Majesty it may be prevented, and that according to our earnest desire therein, all Force and Warlike preparations being laid aside, we may returne to a peaceable Parliamentary proceeding, We do not doubt, but that by the blessing of Almighty God upon our endeavours, we shall settle the matters both in Church and State, to the encrease of His Majesties Honour and State, the peace and prosperitie of this Kingdome, and especially to the glory of God, by the advancement of the true Religion, and such a Reformation of the Church, as shall be most agreeable to Gods Word. Out of all which, there will also most undoubtedly result a most firme and stable Union between the two Kingdomes of England and Scotland, which, according to our Protestation, we shall by all good wayes and meanes, upon all occasions, labour to preserve and maintain,

Subscribitur, JO. BROWN, Cler. Parl.

* * * * *

The Assemblies Answer to the Declaration of the Parliament of England.

The Generall Assembly of the Kirk of Scotland, having received a Declaration sent unto them by the Commissioners of this Kingdome, now at London, from the honourable Houses of the Parliament of England, expressing their care to prevent the effusion of Christian bloud in that Kingdome, and their affections to Reformation, both in Kirk and State, and having taken the same to such consideration as the importance of so weighty matters, and the high estimation they have of so wise and honourable a meeting as is the Parliament of England, did require; have, with universall consent, resolved upon this following Answer:—

I. That from the recent sense of the goodnesse of God, in their own late deliverance, and from their earnest desire of all happinesse to our native King and that Kingdome, they blesse the Lord for preserving them in the midst of so many unhappy divisions and troubles from a bloudy Intestine War, which is from God the greatest Judgement, and to such a nation the compend of all calamities. They also give God thanks for their former and present desires of a Reformation, especially of Religion, which is the glory and strength of a Kingdome, and bringeth with it all temporall blessings of prosperity and peace.

II. That the hearts of all the members of this Assembly, and of all the well-affected within this Kingdome, are exceedingly grieved and made heavy, that in so long a time, against the professions both of King and Parliament, and contrary to the joynt desires and prayers of the godly in both Kingdomes, to whom it is more deare and precious then what is dearest to them in the world, the Reformation of Religion hath moved so slowly, and suffered so great interruption. They consider that not only Prelates, formall Professours, profane and worldly men, and all that are Popishly affected, are bad councellours and workers, and do abuse their power and bend all their strength and policies against the Work of God; but the god of this world also, with Principalities and Powers, the rulers of the darknesse of this world, and spirituall wickednesse in high places, are working with all their force and fraud in the same opposition, not without hope of successe, they having prevailed so farre from the beginning, That in the times of the best kings of Juda of old, and the most part of the Reformed Kirks of late, a through and perfect Reformation of Religion hath been a work full of difficulties; Yet doe they conceive, that as it ought first of all to be intended, so should it be above all other things, with confidence in God, who is greater than the world, and he who is in the world, most seriously endeavoured. And that when the supreame Providence giveth opportunity of the accepted time and day of salvation, no other work can prosper in the hands of his servants, if it be not apprehended, and with all reverence and faithfulnesse improved. This Kirk and Nation, when the Lord gave them the calling, considered not their own deadnesse, nor staggered at the promise through unbelief, but gave glory to God. And who knoweth (we speak it in humility and love, and from no other mind then from a desire of the blessing of God upon our King and that Kingdome) but the Lord hath now some controversie with England, which will not be removed, till first and before all, the worship of his name, and the government of his house be settled according to his own will? When this desire shall come, it shall be to England, after so long deferred hopes, a tree of life, which shall not only yeeld temporall blessings unto themselves, but also shall spread the branches so far, that both this nation and other reformed Kirks shall find the fruits thereof to their great satisfaction.

III. The Commissioners of this Kingdome in the late Treaty of peace, considering that Religion is not only the meane of the service of God and saving of Souls, but is also the base and foundation of Kingdomes and Estates, and the strongest band to tye Subjects to their Prince in true loyaltie, and to knit the hearts of one to another in true unity and love, They did, with preface of all due respect and reverence, far from arrogancy or presumption, represent, in name of this Kingdome, their serious thoughts and earnest desires for unity of Religion, That in all His Majesties Dominions, there might be one Confession of Faith, one directory of Worship, one publike Catechisme, and one forme of Kirk Government. This they conceived to be acceptable to God Almighty, who delighteth to see his People walking in truth and unity, to be a special meanes for conserving of peace betwixt the Kingdomes, of easing the Kings Majesty, and the publike Government of much trouble, which ariseth from differences of Religion, very grievous to Kings and Estates; of great content to the King himself, to his Nobles, his Court, and all his People, when (occasioned to be abroad) without scruple to themselves, or scandall to others, all may resort to the same publike worship, as if they were at their own dwellings; of suppressing the names of Heresies, and Sects, Puritans, Conformists, Separatists, Anabaptists, &c., which do rent asunder the bowels both of Kirk and Kingdome; of despaire of successe to Papists and Recusants, to have their profession, which is inconsistent with the true Protestant Religion, and authority of Princes, set up again, and of drawing the hearts and hands of Ministers, from unpleasant and unprofitable Controversies, to the pressing of mortification, and to Treatises of true pietie, and practicall Divinity. The Assembly doth now enter upon the labour of the Commissioners, unto which they are encouraged, not only by their faithfulnesse in the late Treaty, but also by the zeale and example of the Generall Assemblies of this Kirk in former times, as may appeare by the Assembly at Edinburgh, Decemb. 25, in the year 1566, which ordained a Letter to be sent to England against the Surplice, Tippet, Corner-cap, and such other ceremonies as then troubled that Kirk, that they might be removed. By the Assembly at Edinburgh, April 24, 1583, humbly desiring the Kings Majesty to command his Ambassadour, then going to England, to deale with the Queen, that there might be an union and Band, betwixt them and other Christian Princes and Realmes, professing the true Religion for defence and protection of the Word of God, and Professors thereof, against the persecution of Papists and confederates joyned and united together by the bloudy league of Trent: as also, that her Majesty would disburden their brethren of England of the yoke of Ceremonies, imposed upon them, against the libertie of the Word: And by the Assembly at Edinburgh, March 3, 1589, ordaining the Presbyterie of Edinburgh, to use all good and possible means for the relief and comfort of the Kirk of England, then heavily troubled for the maintaining the true discipline and government of the Kirk, and that the Brethren in their private and publike prayers, recommend the estate of the afflicted Kirk of England to God. While now, by the mercy of God, the conjunction of the two Kingdomes is many wayes increased, the zeale of the Generall Assembly towards their happinesse ought to be no lesse. But besides these, the Assembly is much encouraged unto this duetie, both from the Kings Majesty and his Parliament, jointly, in their Answer to the proposition, made by the late Commissioners of the Treaty, in these words:—To their desire concerning unity of Religion, and uniformity of Kirk government, as a speciall meanes for conserving of peace betwixt the two Kingdomes, upon the grounds and reasons contained in the paper of the 10 of March, and qiven in to the Treatie and Parliament of England. It is answered upon the 15 of June, That his Majestie, with advice of both Houses of Parliament, doth approve of the affection of His Subjects of Scotland, in their desire of having conformitie of Kirk government between the two Nations; and as the Parliament hath already taken into consideration the Reformation of Kirk government, so they will proceed therein in due time, as shall best conduce to the glory of God, the peace of the Kirk, and of both Kingdomes. And also severally; for his Majestie knoweth that the custodie and vindication, the conservation and purgation of Religion, are a great part of the duetie of Civill authority and power. His Majesties late practise while he was here in person, in resorting frequently to the exercises of publike worship, his Royall actions, in establishing the worship and government of this Kirk in Parliament, and in giving order for a competent maintenance to the Ministery and Seminaries of the Kirk, and His Majesties gracious Letter to the Assembly (seconded by the speech of His Majesties Commissioner) which containes this religious expression:—Where any thing is amisse we will endeavour a Reformation in a fair and orderly way, and where Reformation is settled, we resolve, with that authority wherewith God hath vested us, to maintain and defend it in peace and liberty, against all trouble that can come from without, and against all Heresies, Sects, and Schismes, which may arise from within. All these doe make us hopefull that His Majesty will not oppose, but advance the work of Reformation. In like manner, the Honourable Houses of Parliament, as they have many times before witnessed their zeale, so now also in their Declaration sent to the Assembly, which not only sheweth the constancy of their zeale, but their great grief that the worke hath been interrupted by a malignant party of Papists and evill affected persons, especially of the corrupt and dissolute Clergie, by the incitement and instigation of Bishops and others, their hope according to their earnest desire, when they shall returne to a peaceable and Parliamentary proceeding, by the blessing of God, to settle such a Reformation in the Church, as shall be agreeable to Gods word, and that the result shall be a most firm and stable union between the two Kingdomes of England and Scotland, &c. The Assembly also is not a little encouraged by a Letter sent from many reverend brethren of the Kirk of England, expressing their prayers and endeavours against every thing which shall be found prejudiciall to the establishment of the Kingdome of Christ, and the Peace of their Soveraigne. Upon these encouragements, and having so patent a doore of hope, the Assembly doth confidently expect, that England will now bestirre themselves in the best way for a Reformation of Religion, and do most willingly offer their prayers and uttermost endeavours for furthering so great a Work, wherein Christ is so much concerned in his glory, the King in his honour, the Kirk and Kingdome of England in their happinesse, and this Kirk and Kingdome in the purity and peace of the Gospel.

IIII. That the Assembly also from so many reall invitations, are heartened to renew the Proposition made by the aforenamed Commissioners of this Kingdome, for begining the Work of Reformation, at the uniformity of Kirk-government. For what hope can there be of Unity in Religion, of one Confession of Faith, one Form of Worship, and one Catechisme, till there be first one Forme of Ecclesiasticall Government? Yea, what hope can the Kingdome and Kirk of Scotland have of a firme and durable Peace, till Prelacie, which hath been the main cause of their miseries and troubles, first and last, be plucked up, root and branch, as a plant which God hath not planted, and from which, no better fruits can be expected then such sower grapes, as this day set on edge the Kingdome of England?

V. The Prelaticall Hierarchie being put out of the way, the Work will be easie, without forcing of any conscience, to settle in England the government of the Reformed Kirks by Assemblies. For although the Reformed Kirks do hold, without doubting, their Kirk Officers, and Kirk-government by Assemblies higher and lower, in their strong and beautiful subordination, to be jure divino, and perpetuall: yet Prelacie, as it differeth from the Office of a Pastor, is almost universally acknowledged by the Prelates themselves, and their adherents, to be but an humane ordinance, introduced by humane reason, and settled by humane Law and Custome for supposed conveniencie: which therefore by humane authority, without wronging any mans conscience, may be altred and abolished upon so great a necessity, as is a hearty conjunction with all the Reformed Kirks, a firm and well grounded Peace betwixt the two Kingdomes, formerly divided in themselves, and betwixt themselves by this partition wall, and a perfect Union of the Kirks in the two Nations: which although by the providence of God in one Iland, and under one Monarch, yet ever since the Reformation, and for the present also, are at greater difference in the point of Kirk-government, which in all places hath a powerfull influence upon all the parts of Religion, then any other Reformed Kirks, although in Nations at greatest distance, and under divers Princes.

VI. What may be required of the Kirk of Scotland, for furthering the Work of Uniformitie of Government, or for agreeing upon a common Confession of Faith, Catechisme, and Directory for Worship, shall, according to the order given by this Assembly, be most willingly performed by Us, who long extreamly for the day when King and Parliament shall joyn for bringing to passe so great, so good a Work, That all Warres and Commotions ceasing, all Superstition, Idolatry, Heresie, Sects, and Schismes being removed, as the Lord is one, so his name may be one amongst us; and mercy and truth, righteousnesse and peace meeting together, and kissing one another, may dwell in this Iland.

Act, Sess. VIII. Aug. 3, 1642.

Overtures for transplantation of Ministers, and provision of Schools, ordained by the late Assembly at Edinburgh to be sent to Synods, and reported to this Assembly.

Act, Sess. XI. Edinb. Aug. 5, 1641.

These Overtures underwritten, anent the transporting of Ministers and Professors to Kirks and Colledges, being read in audience of the Assembly, and thereafter revised by a Committee appointed for that effect, The Assembly appoints them to be sent to the severall Synods, to be considered by them, and they to report their judgements thereof to the next Generall Assembly.

I. No transportation would be granted hereafter without citation of parties having interest (viz., the Minister who is sought and his Parish) to hear what they can oppose, and the matter is to come first to both the Presbyteries (viz., that wherein the Minister dwells, whose transportation is sought, and the other Presbyterie to which he is sought, if the Kirks lye in several Presbyteries) and if the Presbyteries agree not, then the matter is to be brought to the Synod, or Generall Assembly (which of them shall first occure after such transportation is sought) and if the Synod (occurring first) agree not; or if there be appeale made from it, then the matter is to come to the Generall Assembly.

II. A Minister may be transplanted from a particular Congregation (where he can onely doe good to a part) to such a place, where he may benefit the whole Kirk of Scotland, because, in reason the whole is to be preferred to a part, such as Edinburgh.

1. Because all the great Justice Courts sit there, as Councell, Session, Justice Generall, Exchequer, &c., and it concerns the whole Kirk, that these Fountains of Justice be kept clean, both in the point of Faith, and Manners.

2. Because there is great confluence to Edinburgh, from time to time, of many of the chief Members of the whole Kingdome, and it concerns the whole Kirk to have these well seasoned, who (apparently) are to be the Instruments of keeping this Kirk and Kingdome in good temper.

That this may be the more easily done, the Assembly first recommends to Edinburgh, that some young men of excellent spirits may be (upon the charges of the said Town) trained up, at home or abroad, toward the Ministery from time to time. Secondly, we meane not that all the places of the Ministerie of Edinburgh be filled with Ministers to be transported by Authority of this Act, but only till they be provided of one Minister (transplanted by the Authority of the Assembly) for every Kirk in Edinburgh, and that the rest of the places be filled either according to the Generall Rules of transportation for the whole Kingdome, or by agreement with actuall Ministers, and their Parishes, with consent of the Presbyterie or Synod, to the which they belong.

III. In the next roome, we finde, that it is a transporting of Ministers for publike good, that Colledges (having the profession of Divinitie) be well provided of Professors.

Wherein the Colledge of Divinitie in S. Andrews is first to be served, without taking any Professors or Ministers out of Edinburgh, Glasgow, or Aberdene, and then the rest of the Colledges would be provided for as their necessity shall require: yet (in respect of the present scarcity) it were good for the Universities to send abroad for able and approved men, to be Professors of Divinitie, that our Ministers may be kept in their pastorall charge as much as may be.

Towns also wherein Colledges are, are very considerable in the matter of transportation.

IIII. Also Congregations, where Noblemen have chief residence are to be regarded, whether planted or unplanted, and a care is to be had, that none be admitted Ministers where Popish Noblemen reside, but such as are able men (especially for controversies) by sight of the Presbyterie: and moreover it is necessary, that such Ministers as dwell where Popish Noblemen are, and are not able for controversies, that they be transported.

V. They who desire the transportation of a Minister should be obliged to give reasons for their desire: Neither should any Presbyterie or Assembly, passe a sentence for transportation of any Minister, till they give reasons for the expediencie of the same, both to him and his Congregation, and to the Presbyterie whereof he is a member. If they acquiesce to the reasons given, it is so much the better: if they doe not acquiesce, yet the Presbyterie, or Assembly (by giving such reasons before the passing of their sentence) shall make it manifest, that what they doe is not pro arbitratu, cel imperio onely, but upon grounds of reason.

VI. Because there is such scarcity of Ministers having the Irish tongue, necessity requires, that when they be found in the Low-lands, they be transported to the High-lands: providing their condition be not made worse, but rather better by their transportation.

VII. In the point of voluntary transportation, no Minister shall transact and agree with any Parish, to be transported thereto, without a full hearing of him, and his Parish, before the Presbyterie to which he belongs in his present charge, or superiour Kirk judicatories, if need shall be.

VIII. The planting of vacant Kirks, is not to be tyed to any (either Ministers, or Expectants) within a Presbyterie: but a free election is to be, according to the order of our Kirk, and Lawes of our Kingdome.

IX. The chief Burghs of the Kingdome are to be desired to traine up young men of excellent spirits for the Ministery, according to their power, as recommended to Edinburgh: Which course will in time (God willing) prevent many transplantations.

The Overtures under-written anent the Schooles being likewise read in audience of the Assembly, they recommend the particulars therein mentioned, anent the providing of the maintenance for Schoolmasters, to the Parliament; and ordaine the rest to be sent to the Synods, to be considered by them, and they to report their judgements thereof to the next Generall Assembly, as said is.

I. Every Parish would have a Reader and a Schoole, where children are to be bred, in reading, writting, and grounds of Religion, according to the laudable Acts, both of Kirk and Parliament, made before.

And where Grammar Schooles may be had, as in Burghs, and other considerable places, (among which all Presbyteriall Seates are to be reputed) that they be erected, and held hand to.

II. Anent these Schooles, every Minister with his Elders, shall give accompt to the Presbyteries at the visitation of the Kirk; the Presbyteries are to make report to the Synode, and the Synode to the Generall Assembly, that Schools are planted, as above-said, and how they are provided with men and means.

III. And because this hath been most neglected in the High-lands, Ilands, and Borders, Therefore the Ministers of every Parish are to instruct by their Commissioners, to the next Generall Assembly, that this course is begun betwixt and then: and they are further to certifie from one Generall Assembly to another, whether this course is continued without omission, or not.

IIII. And because the means hitherto named or appointed for Schooles of all sorts, hath been both little, and ill payed, Therefore, beside former appointments, (the execution whereof is humbly desired, and to be petitioned for at the hands of his Majestie and the Parliament) the Assembly would further supplicate this Parliament that they (in their wisdome) would finde out how meanes shall be had for so good an use, especially that the children of poore men, (being very capable of learning, and of good engines) may be trained up, according as the exigence and necessity of every place shall require. And that the Commissioners, who shall be named by this Assembly, to wait upon the Parliament, may be appointed to represent this to his Majestie, and the Parliament, seeing His Sacred Majestie, by his gracious Letter hath put us in hope hereof, wherewith we have been much refreshed.

V. The Assembly would supplicate the Parliament, that for youths of the finest and best spirits of the High-lands, and Borders, maintenance may be allotted (as to Bursars) to be bred in Universities.

VI. For the time and manner of visitation of Schooles, and contriving the best and most compendious and orderly course of teaching Grammar, we humbly desire the Assembly to appoint a Committee for that effect, who may report their diligence to the next Generall Assembly.

The Overtures and Articles above-written being reported to this Assembly, after reading and serious consideration thereof, the Assembly approves the same, and ordaines them to have the strength of an Act and ordinance of Assembly in all time coming.

Sess. XI. 5 Aug. 1642.

Act anent contrary Oaths.

The Generall Assembly finding the inconvenience of contrary Oaths in trying of Adulteries, Fornications, and other faults and scandals, do therefore for eviting thereof, discharge Synods, Presbyteries and Sessions, to take Oath of both parties in all time hereafter, Recommending to them in the mean time all other order and wayes of tryall used in such cases: And that there may be a common order and course kept in this Kirk of trying of publike scandals, The Assembly ordains the Presbyteries to advise upon some common order hereintill, and to report their judgements to the next Assembly.

* * * * *

Overtures anent Family Exercises, Catechising, keeping of Synods and Presbyteries, and restraint of Adulteries, Witch-crafts, and other grosse sins.

The Committee supplicates the Assembly,

I. To urge the severall Synods and Presbyteries, especially these of the North, that Family Exercise in Religion, Visitation of the Churches, Catechising, keeping of the Presbyteriall and Provinciall meetings (both by Preaching and Ruling Elders) be more carefully observed.

II. That the Clerk at least subscribe every Book before it come to the Assembly, and that every Act be noted on the Margent, for a directory of expedition.

III. That the Assembly would seriously studie by all meanes and wayes how to procure the Magistrates concurrence to curb and punish these notorious vices which abound in the Land, especially in the Northern parts.

The Assembly approves the Overtures foresaids, and ordains them to be observed: and for the last, the Assembly being confident of the readinesse of the Judge Ordinar to restrain and punish these faults, Do therefore ordain all Presbyteries to give up to the Justice, the names of the Adulterers, incestuous persons, Witches and Sorcerers, and others guilty of such grosse and fearfull sins within their bounds, that they may be Processed, and punished according to the Laws of this Kingdom; and that the Presbyteries and Synods be carefull herein, as they will answer to the Generall Assemblies. And because that Witch-craft, Charming, and such like, proceeds many times from ignorance; Therefore the Assembly ordains all Ministers, especially in these parts where these sins are frequent, to be diligently Preaching, Catechising, and conferring, to inform their people thereintill.

Sess. XI. 5 Aug. 1642.

Act against Petitions, Declarations, and suchlike, in name of Ministers, without their knowledge or consents.

The Generall Assembly being informed, that after the Petition presented to the Lords of His Majesties Privie Councell by the Noblemen, Burgesses, and Ministers, occasionally met at Edinburgh the 31 day of May last by-past, had received a very gracious Answer, There was another Petition given in to their Lordships upon the _________ day of June last, entituled, The Petition of the Nobilitie, Gentrie, Burrows, Ministers, and Commons: which as it was not accompanied with any one Minister to the Lords of Privie Councell, so all the Ministers of this Assembly, disclaims and disavoweth any knowledge thereof, or accession thereto. And the Assembly conceiving that the Kings Majestie himself, and all the Courts and Judicatories of this Kingdoms may be deluded and abused, and the Kirk in Generall, and Ministers in particular, injured and prejudged by the like practices hereafter, Do therefore prohibite and discharge all and every one to pretend or use the name of Ministers to any Petition, Declaration, or suchlike at any time hereafter, without their knowledge, consent, and assistance: And if any shall doe the contrary, ordaines Presbyteries and Provinciall Assemblies to proceed against them with the highest censures of the Kirk.

Sess. XI. 5 Aug. 1642.

Act anent the Assemblies desires to the Lords of Counsell and Conservators of Peace.

The Assembly being most desirous to use all, and to omit no lawfull meane or occasion to testifie their zeale by dealing with God and man, for furtherance of their desires of Unity in Religion and uniformity of Kirk-government, And considering the great necessity, that the Kirk and State contribute jointly their best endeavours to this happy end: Therefore enjoynes the Moderator, and the Commissioners from the Assembly, to supplicate with all earnestnesse and respect, the Lords of his Majesties Honourable Privie Councell, and likewise the Commissioners appointed by his Majestie, and the Parliament, for conservation of the Peace, that they may be pleased to concur with the Kirk in the like desires to His Majesty and the Parliament of England, and in the like directions to the Commissioners of this Kingdome, at London for the time, that by all possible means, Civill and Ecelesiastick, this blessed Worke may be advanced, and a happy settling betwixt His Majestie and his Parliament, may be endeavoured, and the common Peace betwixt the Kingdomes continued and strengthened.

Sess. XI. Aug. 5, 1642.

The Assemblies humble desire to the Kings Majestie for the Signator of £500 Sterling, and recommendation thereof to the Kings Commissioner.

The Generall Assembly having received the Report of the proceedings of the Commissioners of the late Assembly, and specially that His Majestie was graciously pleased, upon their humble Petition, solemnly to promise and declare under his Royall hand, his pious resolution and dedication of £500 sterling, out of the readiest of his Rents and revenues, to be imployed yearly on publike necessary and pious uses of the Kirk, at the sight of the Generall Assembly, as His Majesties gracious Answer of the 3 of January 1642, registrate in their books at His Majesties own desire, for their further assurance of his Majesties pious zeale, doth more fully proport. Likeas being informed that His Majestie was graciously pleased to signe and send down to the Kirk the Signator of the said £500 yearly to have past the Exchequer, albeit the samine is not as yet delivered; And considering His Majesties pious directions to them by His Majesties Letter to plant and visit the utmost skirts and borders of the Kingdome, as most necessary for the glory of God, the good of the Kirk, and His Majesties honour, and service, which is only stopped by the want of charges for publike visitations, And withall to remonstrate to His Majestie by his Commissioner, their just and necessary desires for what may further serve to the good of Religion, whereunto His Majesties Commissioner promised his best endeavours and assistance. Therefore the Assembly doth most earnestly recommend to His Majesties Commissioner to represent to His Majestie, with his best assistance, the humble and necessary desires of the whole Assembly, that His Majestie will be graciously pleased to command that Signator, already signed by His Royall hand (or to signe another of the samine tenor, whereof they deliver the just double to His Majesties Commissioner for that effect) to be sent to this Kingdom, and delivered to the Commissioners from this Assembly, who are to sit at Edinburgh, or to the Procurator of the Kirk, whereby His Majestie shall more and more oblige this whole Kirk to pray for a blessing from Heaven upon his Royall Person and Government.

Sess XI. 5 Aug. 1642.

The Asemblies Letter to the Commissioners of this Kingdom at London.

RIGHT HONOURABLE,

We have received your Lordships Letter, with the Declaration of the Parliament of England, and have sent this Noble bearer to His Majesty with our humble Supplication, and to your Lordships with our Answer, earnestly desiring Unity of Religion, and Uniformity of Kirk-government, to be presented by your Lordships, and this Noble bearer to the Honourable Houses of Parliament. Your Lordships will perceive by the inclosed Copies, and by our desires to His Majesties Honourable Privie Councell and Commissioners for the conservation of the Peace, to joyn their best endeavours with His Majestie and the Parliament, and their directions to your Lordships, by our leaving a Commission behinde us, to concur with them in all Ecclesiastick wayes, and by our appointing publike Prayers, and a solemn Fast through this Kirk, for the furtherance of this great work of Reformation, and continuance of the common Peace, that this unity in Religion and Uniformity of Kirk-government is the chiefest of our desires, prayers, and cares: whereunto as we have been encouraged by the faithful labors of the Commissioners of this Kingdom in the late Treaty, and continued and renewed by your Lordships, so we are assured, that your Lordships will omit no lawfull mean, argument, or occasion of seconding the same there, And advertising our Commissioners at Edinburgh, wherein they may further concur with your Lordships for the furtherance of the Work, which tends so much to the glory of God, advancement of Christs Kingdom, increase of the honour and happinesse of our Soveraign, and the peace and welfare of these Kingdoms, whereby your Lordships will oblige this Kirk more and more to pray for a blessing on your persons and travels, and to rest

Yours in the Lord The Commissioners of the Generall Assembly.

St. Andrews 5 Aug. 1642.

A letter from some Ministers of England.

Reverend and wel-beloved in our Lord and Saviour,

We received with much joy and satisfaction, the Answer which your Generall Assembly vouchsafed us to our Letters of the last yeer. Some of us, in the name of our Brethren, thought it then fit by M. Alexander Henderson (a Brother so justly approved by you, and honoured by us) to return our deserved thanks. And we now further think it equall upon this occasion, to make a more publike acknowledgement of such a publike favour. You were then pleased to give us fair grounds, to expect that brotherly advice and endeavours, which the common cause of Christ, and the mutuall interest of the united Nations, command us now again to ask, if not to chalenge. We doubt not but your experience, together with your intelligence, abundantly informes you of our condition, what various administrations of providence we have passed through, and we still lye betwixt hopes and feares, a fit temper for working; the God of all grace enable us to improve it. As our hopes are not such as may make us fear, so neither doe our Feares prevail, to the casting away our confidence. Your own late condition, together with this Declaration of ours present, may acquaint you with the certain, though subtil, authors and fomentors of these our confused conflicts: which we conceive to be the Hierarchical faction, who have no way to peace and safety, but through the trouble and danger of others. Our prayers and endeavours, according to our measure, have been, and shall be, for the supplanting and rooting up whatsoever we finde so prejudiciall to the establishment of the Kingdome of Christ and the peace of our Soveraigne. And that this Declaration of our selves may not leave you unsatisfied, we think it necessary further to expresse, That the desire of the most godly and considerable part amongst us, is, That the Presbyterian Government, which hath just and evident Foundation both in the Word of God, and religious reason, may be established amongst us, and that (according to your intimation) we may agree in one Confession of Faith, one directorie of Worship, one publike Catechisme and form of government: Which things, if they were accomplished, we should much rejoyce in our happy subjection to Christ our Head, and our desired association with you our beloved brethren. For the better effecting whereof, we thought it necessary, not only to acquaint you with what our desires are in themselves, but likewise to you, that is, That what way shall seem most fit to the wisedom of that grave and religious Assembly, may be taken for the furtherance of our indeavours in this kind. We understand that our Parliament hath been beforehand with us in this intimation, and it cannot but be our duty, who are so much concerned in the businesse, to adde what power the Lord hath given us with you to the same purpose. This designe and desire of ours hath enemies on the Left hand; and dissenting brethren on the Right; but we doubt not, that as our hearts justifie us that our intentions are right, and such as we conceive tend most to the glory of God, and the peace of the Churches of the Saints; so (by your brotherly concurrence in the most speedy and effectuall way you can find out) the Work will, in Gods due time, receive a prayed for, hoped for issue. We shall not need by many arguments from mutuall Nationall interest (though we know you will not overlook them) to inforce this request, the firme bond wherewith we are all united in our Lord Jesus Christ, we are assured will alone engage your faithfull endeavors in this businesse. To him we commit you, with these great and important affairs you have in hand. Be pleased to accept of these as the expression of the mindes of our many godly and faithfull Brethren, whose hearts we doubt not of, neither need you, though their hands in regard of the suddennesse of this opportunity could not be subscribed together with ours, who are

Your most affectionate friends and brethren in the Work of the Lord.

London 22 July, 1642.

Answer to the Ministers Letter.

Right Reverend and beloved in the Lord Jesus.

By our Answer to the Declaration sent unto us from the honourable Houses of Parliament, ye may perceive that your Letter which came into our hands so seasonably, was not only acceptable unto us, but hath also encouraged us to renew both to the Kings Majestie and the Houses of Parliament, The desires of the late Commissioners of this Kingdome for Unity in Religion, in the four particulars remembred by you, we cannot be ignorant but the opposition from Satan and worldly men in Kirk and Policy, will still be vehement as it hath been already, But we are confident through our Lord Jesus Christ, that the prayers and indeavours of the godly in both Kingdoms, will bring the work to a wished, and blessed Issue. This whole nationall Kirk is so much concerned m that Reformation and Unity of Religion in both Kingdomes, that without it we cannot hope for any long time to enjoy our puritie and peace, which hath cost us so dear, and is now our chiefest comfort and greatest treasure: Which one cause (beside the Honour of God) and the happinesse of the People of God in that Kingdome, more desired of us then Our lives) is more then sufficient to move us, To contribute all that is in our power for bringing it to passe. And since we have with so great liberty made our desires and hopes known both to King and Parliament, it is a duety incumbent both to you and us, who make mention of the Lord, and are Watch-men upon the Walls of Jerusalem, never more to keep silence nor to hold our peace day nor night, till the righteousnesse of Sion go forth as brightnesse, and the salvation thereof as a lamp that burneth. And if it shall please the Lord to move the hearts of King and Parliament, to hearken unto the motion, for which end we have resolved to keep a solemne Fast and Humiliation in all the Kirks of this Kingdome, the mean by which we have prevailed in times past, we wish that the work may be begun with speed, and prosecuted with diligence by the joint labours of some Divines in both Kingdoms, who may prepare the same for the view and examination of a more frequent Ecclesiastick meeting of the best affected to Reformation there, and of the Commissioners of the Generall Assembly here, that in end it may have the approbation of the Generall Assembly here, and of all the Kirks there, in the best way that may be, we wish and hope at last in a nationall Assembly; Our Commissioners at Edinburgh, shall in our name receive and returne answers for promoving so great a Work, which we with our heart and our soule recommend to the blessing of God, we continue,

Your loving brethren and fellow-labourers.

Act for the Lord Maitlands presenting the Assemblies Supplication to His Majestie, and for going to the Commissioners at London, with the Answer to the Parliament of Englands Declaration.

The Generall Assembly considering the necessity of sending some person of good worth and quality for to present their humble Supplication to His Majestie, and to deliver their directions to the Commissioners of this Kingdom, now at London, with their Declaration to the Parliament of England, and Answer to some wel-affected Ministers of that Kirk: And having certain knowledge of the worth, ability, and faithfulnesse of John Lord Maitland, one of their number, who being witnesse to all their intentions and proceedings, can best relate their true loyaltie and respect to their Soveraign, and brotherly affection to the Kirk and Kingdom of England therein; Therefore do unanimously require his Lordships pains, by repairing to Court and to London for the premisses, which hereby they commit to his diligence and fidelity; willing his Lordship to make account of his proceedings herein to their Commissioners appointed to sit at Edinburgh.

Sess. XII. 5 Aug. post meridiem.

Commission for publike affairs of this Kirk, and for prosecuting the desires of this Assembly to His Majestie and the Parliament of England.

The Generall Assembly considering the laudable custome of this Kirk for to appoint some Commissioners in the interim betwixt Assemblies, for presenting of Overtures and prosecuting the other desires of the Kirk to His Majestie, the Lords of His Councell, and the Estates of Parliament; and taking to their consideration the present condition of the Kirk of England, with the Declaration thereof sent down from the Parliament, and some reverend Brethren of the Ministery there, with their own Answer to the Parliament and Ministery, and their humble Supplication to His Majestie for Unity of Religion and Uniformity of Kirk-government. And withall remembring their desires to the Honourable Lords of His Majesties Secret Councell, and to the Commissioners appointed by the King and Parliament, for conservation of the common Peace, That they would joyn their concourse in their desires to His Majestie and Parliament, and directions to the Commissioners of this Kingdom at London for the time. And likewise considering their good hopes from Gods gracious favour to this Island, that by his good providence he will in his own way and time settle this great Work through this whole Ile; And that it is both our earnest desire and Christian duty to use all lawfull means and Ecclesiastick wayes for furtherance of so great a Work, continuance of the common peace betwixt these nations, and keeping a brotherly correspondence betwixt these Kirks. Therfore the Assembly thinks it necessary before their dissolving to appoint, and by these presents do nominate and appoint, Masters, Andrew Ramsay, Alex. Henderson, Robert Dowglas, William Colvill, William Bonnet Ministers at Edinburgh, M. William Arthur, Minister at S. Cuthbert, M. James Robertson, John Logan, Robert Lighton, Commissioners from Dalkeith to this Assembly: Masters, Andrew Blackhall, James Fleeming, Robert Ker, Commissioners from Haddingtoun to this Assembly: Masters, George Hamilton, Robert Blair, Arthur Mortoun, David Dalgleish, Andrew Bennet, Walter Greg, John Moncreff, John Smith, George Gillespie, John Ross, John Duncan, Walter Brace, Commissioners for the Presbyteries within the Province of Fyffe: M. David Calderwood, Minister at Pencaitland, M. John Adamson, Principal of the Colledge of Edinburgh, M. John Strang Principal of the Colledge of Glasgow, M. David Dickson, M. James Bonar, M. Robert Bailie, M. John Bell, M. Robert Ramsay, M. George Young, M. Henry Guthrie, M. Samuel Oustein, M. John Robertson, Minister at S. Johnstoun, M. John Robertson, Minister at Dundie, M. John Hume Minister at Eckills, M. Andrew Cant, M. William Guild, M. Samuel Rutherfurd, M. James Martin, M. Alexander Monroe, M. Robert Murray, M. John Maclellan, Andrew Doncanson, M. Silvester Lambie, M. Gilbert Ross, Ministers: Marquesse of Argyle, Earles of Lauderdaile, Glencarne, Kinghorne, Eglintoun, Weemes, Cassils: Lords, Gordoun, Maitland, Balcarras, Sir Patrick Hepburne of Wauchtoun, Sir David Home of Wedderburne, Sir David Creightoun of Lugtoun, Sir David Barclay of Cullearnie, John Henderson of Fordell, M. George Winrame of Libertoun, Sir Robert Drummond, Sir William Carmichaell, John Binnie, Thomas Paterson, John Sempill, John Kennedy of Air, John Leslie from Aberdene, William Glendining Provest of Kirkubright, John Colzear, Ruling Elders, with the concurse of the Procurator of the Kirk: And grants to them full Power and Commission in this interim, betwixt and the next Assembly, for to meet and conveen at Edinburgh upon the 17 day of this moneth of August, and upon any other day, or in any other place, as they shall think convenient: And being met and conveened, or any fifteen of them, there being alwayes twelve Ministers present: With full power for to consider and performe what they finde necessary for the Ministerie, by preaching, supplicating, preparing of draughts of one Confession, one Catechisme, one directory of publike Worship (which are alwayes to be revised by the next Generall Assembly) and by all other lawfull and Ecclesiastick wayes, for furtherance of this great Work in the Union of this Iland in Religion and Kirk-government, and for continuance of our own peace at home, and of the common peace betwixt the Nations, and keeping of good correspondence betwixt the Kirks of this Iland. Like as if it shall please God to blesse the prayers and endeavours of his Saints for this blessed Union, and that if either the Lords of Councell, or Commissioners for the Peace shall require their concurse at home or abroad, by sending Commissioners with theirs to His Majesty and Parliament for that effect, or that they themselves shall finde it necessary, The Assembly grants full power to them, not only to concurre by all lawfull and Ecclesiastick wayes, with the Councell and Conservators of the Peace at home, but also to send some to present and prosecute their desires and humble advice to His Majestie and the Parliament, and the Ministerie there, for the furthering and perfecting of so good and great a Worke. Like as, with power to them to promove their other desires, overtures, and recommendations of this Assembly, to the Kings Majestie, Lords of Councell, Session, Exchequer, and Commissioners of Parliament, for plantation of Kirks, for common burdens, or conservation of the common peace, and to the Parliament of this Kingdom, in case it fall out pro re nata before the next Assembly. And such like, with as full power to them to proceed, treat and determine in any other matters to be committed to them by this Assembly, as if the samine were herein particularly insert, and with as ample power to proceede in the matters particularly or generally above-mentioned, as any Commissioners of Generall Assemblies have had, and have been in use of before: They being alwayes comptable to, and censurable by the next Generall Assembly, for there proceedings thereanent.

Sess. XIII. 6 Aug. 1642.

A petition from some distressed Professors in Ireland.

To the Reverend and right Honourable the Moderator and remanent members of the Generall Assembly of Scotland, conveened at S. Andrews, July 1642. The humble Petition of the most part of the Scottish Nation in the North of Ireland, in their own names, and in name of the rest of the Protestants there,

Humbly sheweth,

That where your Petitioners by the great blessing of the Lord, enjoyed for a little while a peaceable and fruitfull Ministerie of the Gospel, yet through our own abuse of so rich a mercy, and through the tyrannie of the Prelates, we have been a long time spoiled of our Ministers, (a yoke to many of us heavier then death) who being chased into Scotland, were not altogether un-usefull in the day of your need; And we having been since oppressed and scattered, as sheep who have no shepherd, now at last the wise and righteous hand of the Lord, by the sword of the Rebels, hath bereft us of our friends, and spoiled us of our goods, and left us but a few, and that a poor handfull of many, and hath chased from us the rest that were called our Ministers; the greatest part whereof we could scarce esteem such, as being rather Officers to put the Prelats Injunctions in execution, than feeders of our souls: So that now being visited with sword and sicknesse, and under some apprehension of famine, if withall we shall taste of the sorest of all plagues, to be altogether deprived of the Ministery of the Word, we shall become in so much a worse condition then any Pagans, as that once we enjoyed a better: Neither know we what hand to turn us to for help, but to the Land so far obliged by the Lords late rare mercies, and so far enriched to furnish help of that kinde; a Land whence many of us drew our blood and breath, and where (pardon the necessary boldnesse) some of our own Ministers now are, who were so violently plucked from us, so sore against both their own and our wills; yea, the Land that so tenderly in their bosoms received our poor out-casts, and that hath already sent us so rich a supply of able and prosperous Souldiers to revenge our wrong.

Therefore, although we know that your zeale and brotherly affection would urge you to take notice without our advertisement, yet give us leave in the bowels of our Lord Jesus Christ, to intreat, if there be any consolation in Christ, if any comfort of love, if any fellowship of the spirit, if any bowels of mercy, that now in this nick of time, when the sword of the Enemie making way for a more profitable entertaining the Gospel, having also banished the Prelates and their followers, when our extremity of distresse, and the fair hopes of speedy settling of peace, hath opened so fair a doore to the Gospel, you would take the cause of your younger sister, that hath no brests, to your serious consideration, and pity poor Macedonians crying to you that ye would come over and help us, being the servants of the God of your Fathers, and claiming interest with you in a common Covenant, that according to the good hand of God upon us, ye may send us Ministers for the house of our God. We do not take upon us to prescribe to you the way or the number, but in the view of all, the finger of the Lord points at these, whom though persecution, of the Prelats drew from us, yet our interest in them could not be taken away, wherein we trust in regard of several of them, called home by death, your bounty will super-adde some able men of your own that may help to lay the foundation of Gods house, according to the Pattern. But for these so unjustly reft from us, not only our necessity, but equity pleads, that either you would send them all over, which were a Work to be parallelled to the glories of the Primitive times, or at least that ye would declare them transportable, that when Invitators shall be sent to any of them, wherein they may discerne a call from God, there may be no difficultie in their loosing from thence, but they may come back to perfect what they began, and may get praise and fame in the Land, where they were put to shame. Neither are you to question your power over us so to doe, or crave a president of your own practise in that kind, for our extraordinary need calling on you, furnisheth you with a power to make this a president for the like cases hereafter: herein if you shall lay aside the particular concernment of some few places, which you may easily out of your rich Nurseries plant again, and make use of your publike spirits, which are not spent, but increases by your so many noble designes; you shall leave upon us and our posteritie the stamp of an obligation that cannot be delete, or that cannot be expressed; you shall send to all the neighbouring Churches a pattern, and erect for after-ages a monument of self-denying tender zeale; you shall disburden the Land of the many out-casts, who will follow over their Ministers; and you shall make it appear, that the churlish bounty of the Prelats, which at first cast some of these men over to us, is not comparable with the cheerful liberalitie of a rightly constitute Generall Assembly, to whom we are perswaded, the Lord will give seed for the loane which you bestow on the Lord; yea, the day may come when a Generall Assembly in this Land may returne to you the first fruits of thanks, for the plants of your free gift. And although you were scant of furniture of this kinde your selves, or might apprehend more need then formerly, yet doubtlesse, your bowels of compassion would make your deep povertie even in a great tryal of affliction, abound to the riches of your liberalitie. But now seeing you abound in all things, and have formerly given so ample a proof of your large bestowing on Churches abroad in Germanie and France, knowing that you are not wearied in well-doing, we confidently promise to our selves in your name, that ye will abound in this grace also, following the example of our Lord and the Primitive Churches, who alwayes sent out disciples in paires. But if herein our hopes shall faile us, we shall not know whether to wish that we had died with our Brethren by the Enemies hand; for we shall be as if it were said unto us, Goe serve other Gods; yet looking for another kinde of Answer at your hands, for in this you are to us as an Angel of God, we have sent these bearers, M. John Gordoun and M. Hugh Campbell our Brethren, who may more particularly informe you of our case, and desire that at their returne, they may refresh the bowels of Your most instant and earnest Supplicants.

* * * * *

Commission to some Ministers to go to Ireland.

The Assembly having received a Petition subscribed by a considerable number in the North of Ireland, intimating their deplorable condition, through want of the Ministerie of the Gospel, occasioned by the tyrannie of the Prelats, and the sword of the Rebels, and desiring some Ministers, especially such as had been chased from them, by the persecution of the Prelats, and some others to be added, either to be sent presently over to reside amongst them, or declared transportable, that upon invitation from them, they might goe and settle there; together with some particular Petitions, desiring the returne of some particular Ministers, who had laboured there before: All which the Assembly hath taken to their serious consideration, being most heartily willing to sympathize with every member of Christs Body, although never so remote; much more with that Plantation there, which for the most part was a Branch of the Lords Vine, planted in this Land. In which sollicitude, as they would be loath to usurpe without their own bounds, or stretch themselves beyond their own measure; so they dare not be wanting, to the enlargement of Christs Kingdome, where so loud a cry of so extreame necessitie, could not but stirre up the bowels of Christian compassion. And although they conceive that the present unsettled condition both of Church, and State, and Land, will not suffer them as yet to loose any to make constant abode there; yet they have resolved to send over some for the present exigent till the next Generall Assembly, by courses to stay there four moneths allanerly: And therefore doe hereby authorize and give Commission to the persons following, to wit, M. Robert Blair, Minister at S. Andrews, and M. James Hamilton, Minister at Dumfreis for the first four moneths: M. Robert Ramsay, Minister at Glasgow, and M. John Maclelland, Minister at Kirkudbright, for the next four moneths: and to M. Robert Baillie, professor of divinitie in the University of Glasgow, and M. John Levistoun, Minister of Stranraire for the last four moneths: To repair into the North of Ireland, And there to visit, comfort, instruct, and encourage the scattered flocks of Christ, to employ to their uttermost with all faithfulnesse and singlenesse of heart, in planting and watering, according to the direction of Jesus Christ, and according to the doctrine and discipline of this Church in all things, And if need be (with concurrence of such of the Ministers of the Army as are there) to try and ordain such as shall be found qualified for the Ministerie, Giving charge unto the persons foresaid in the sight of God, that in doctrine, in worship, in discipline, and in their dayly conversation, they studie to approve themselves as the Ministers of Jesus Christ, and that they be comptable to the Generall Assembly of this Kirk, in all things. And in case if any of the above-mentioned Ministers be impeded by sicknesse, or otherwise necessarily detained from this service, the Assembly ordaines the Commissioners residing at Edinburgh, for the publike affairs of the Church, to nominate in their place well qualified men, who hereby are authorized to undertake the foresaid imployment, as if they had been expressly nominate in the face of the Assembly. And this, although possibly it shall not fully satisfie the large expectation of the Brethren in Ireland, yet the Assembly is confident they will take in good part at this time, that which is judged most convenient for their present condition, even a lent mite out of their own not very great plenty, to supply the present necessity; requiring of them no other recompence, but that they in all cheerefulnesse may embrace and make use of the message of salvation, and promising to enlarge their indebted bounty at the next Assembly, as they shall finde the Worke of the Lord there to require. In the meane while, wishing that these who are sent, may come with the full blessing of the Gospel and peace, and recommending them, their labours, and these to whom they are sent, to the rich blessing of the Great Shepherd of the flock.

Sess. XIII. 6 Aug. 1642.

Act against Slandering of Ministers.

The Generall Assembly considering the malice of divers persons in raising calumnies and scandalls against Ministers, which is not onely injurious to their persons, and discreditable to the holy calling of the Ministerie, but doth also prove often a great prejudice and hinderance to the promoving of the Gospel: Doe therefore ordain Presteries and Synods to proceed diligently in process against all persons, that shall reproach or scandall Ministers, with the censures of the Kirk, even to the highest, according as they shall finde the degree or quality of the scandal deserve.

* * * * *

Act anent ordering of the Assembly House.

The Assembly for better order in time coming ordains the Act of the Assembly at Aberdene for ordering the House of the Assembly to be kept hereafter punctually. And for that effect, that the samine be reade the first Session of every Assembly.

* * * * *

Act for remembring in publike Prayers the desires of the Assembly to the King and Parliament, and indiction of a publike Fast.

The Generall Assembly being desirous to promove the great work of Unity in Religion, and Uniformity in Church-government, in all thir three Dominions, for which the Assembly hath humbly supplicate the Kings Majestie, and remonstrate their desires to the Parliament of England, lest they should be wanting in any meane that may further so glorious and so good a Work: Doe ordain, that not only the said Declaration to the Parliament, and Supplication to the Kings Majestie, shall be accompanied with the earnest Petitions and prayers of the whole Brethren in private and publike, for the Lords blessing thereunto, according to the laudable custome of our predecessors, who in the year of God 1589, ordaines that the Brethren in their private and publike prayers, recommend unto God the estate of the afflicted Church of England; But having just cause of fear, that the iniquities of the Land, which so much abound, may marre this so great a Work, doe also ordain a solemne Fast to be kept on the second Lords day of September, and the Wednesday following throughout the whole Kingdome for the causes after specified.

I. Grosse ignorance and all sort of wickednesse among the greater part, security, meer formality and unfruitfulnesse among the best, and unthankfulnesse in all.

II. The sword raging throughout all Christendome, but most barbarously in Ireland, and dayly more and more threatned in England, through the lamentable division betwixt the King and the Parliament there, tending to the subversion of Religion and Peace in all the three Kingdomes.

III. That God may graciously blesse the supplication of the Assembly to the Kings Majesty, and their motion to the Parliament of England, for Unity in Religion, and Uniformity of Kirk-government, and all other meanes which may serve for the promoving of so great a Worke, and advancement of the Kingdome of Christ every where.

IIII. That God may powerfully overturne all wicked plots and designes of Antichrist and his followers, and all divisive motions against the course of Reformation, and the so much longed for Union of the King and Parliament.

V. That God may blesse the harvest.

* * * * *

Reference from the Presbyterie of Kirkcaldie.

Anent the Acts of Assemblies, for observation of the Lords Day, profaned by going of Saltpannes, That this Assembly would declare the limits of the Sabbath, during which the Pannes should stand.

The Assembly referres the Answer of this Question, to the Acts of former Assemblies.

* * * * *

Reference from the Synode of Fyffe.

That the Provincial of Angus keep their meeting on the same day with the Synod of Fyffe, which breakes the correspondence between them, appointed by the Generall Assembly of Glasgow.

ANSWER.—The Assembly ordaines the Provinciall Assembly of Angus to keep their first meeting upon the third Tuesday of April, conforme to the Act of the said Assembly of Glasgow.

* * * * *

Overtures to be advised by Presbyteries against the next Assembly.

How Appeals shall be brought in to the Generall Assemblies, and by what sort of citation. What shall be the prescription of scandalls, within what space of time shall they be challenged, whether after three years, the Minister having been allowed and approved in life and doctrine by Synods, Presbyteries, and Visitations.

What order shall be taken for keeping Generall Assemblies, when Presbyteries send not the full number of Commissioners: Or when the Commissioners abide not untill the conclusion and dissolving of the Assembly.

Order to be advised for Testimonialls.

* * * * *

The Assembly appoints the next Generall Assembly to hold at Edinburgh the first Wednesday of August, 1643.

FINIS.

* * * * *

INDEX of the PRINCIPALL ACTS of the ASSEMBLY holden at S. ANDREWS, 27 July, 1642. Not Printed.

1.—His Majesties Commission granted to Charles Earle of Dumfermling.

2.—Election of M. Robert Douglas, Moderator,

3.—Acceptation of the Commission from the Scottish Kirk at Campheir, granted to M. William Spang.

4.—Act renewing the Commissions for Visitation of the Universities of S. Andrews and Glasgow.

5.—Act anent delivery of the Irish contribution to the receivers appointed by the Secret Councell.

6.—Act anent Idolatrous Monuments in Ruthwall.

7.—Act anent the Books of the Presbyteries in our Armie that went to England.

8.—Act anent planting the Kirk of Kilwinning. 9.—Commis. anent erecting a Presb. in Biggar.

10.—Act repealing the Act of the Synod of Galloway concerning tryal of actuall Ministers.

11.—The Kings Declar. anent the gift of £500.

12.—Act for sending of Expectants to Ireland, and for a Commission to be drawn up to some Ministers to go there.

13.—Recom. to the Marques of Argyle anent Patrick Egertie, Priest, and all other Priests, or sayers of Masse in the North Iles, or within the bounds of his Justiciarie.

14.—Act anent the reponing of M. Gilbert Power.

15.—Act for putting the Overtures anent maintaining Bursars in every Presb. in practice.

16.—Report of the Com. for revising some Synod Books, and the Assemblies approbation.

17.—Act for giving transumpts of the Covenant and Band.

18.—Act for sending of Generall Acts of Assemblies to Synods.

19.—Act anent Iames Murray.

20.—Report of the Committee of reports of the proceedings of the Commissioners of the last Assembly appointed to attend the Parl. with certain Overtures of the Assemblies approbation thereof, with the double of the Signator of £500 sent to His Majestie.

21.—Com. for Visitation of Orknay and Zetland.

22.—Ref. to the Commis. of this Assembly, anent the choise of any Minister to go to Ireland in place of any of the 6 appointed by this Assem. to that effect, in case they or any of them be impeded by sicknesse or death.

23.—Recom. of the Iles, Anandail, Escdaill, Liddisdaill, &c. for want of Kirks and Schools, of the Presbyteries of Lochmaben, and Newbie, for want of a civill Magistrate, to the Commission for planting of Kirks, and Secret Councell, respective.

24.—Ref. to the Commission of this Assembly for planting of the Kirk of Edinburgh.

25.—Act anent M. Colvils invitation to S. Andrews.

26.—Commission anent the planting of the Landward Kirk of S. Andrews.

27.—References and Overtures, and the Assemblies answer thereto.

28.—Ref. to the Commis. of this Assembly anent M. Iames Fairlie.

29.—Ref. to the Commis. of this Assembly anent the planting of the Kirk of Dundie.

30.—Overtures anent the Kirk of Campheir.

31.—Recom. to the Magistrates of Glasgow anent Mundayes Market.

32.—Act anent giving in to the Clerk the List of Expectants.

33.—Act giving power and liberty to Sir Archibald Iohnstoun, Procurator for the Kirk and Clerk to the Generall Assembly, to adjoyn any to himself, or to depute any in these Offices whom he shall think fit.

* * * * *

=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1642.

I. The Propositions and Articles given in by the Scots Commissioners, after the Lord Loudon his Return from the Parliament of Scotland.[294]

That the Treaty of Peace may be brought to a speedy and happy Close, we did offer to your Lordships Consideration the Particulars following:—

1. That so soon as the Scottish Army shall remove out of England to Scotland, the English Garisons of Berwick and Carlisle remove, simul & semel.

2. Lest Malefactors, who have committed Theft, Murther, and the like Crimes, crave the Benefit of the Act of Pacification and Oblivion, for whom it is no ways intended, there would be an exception from the said Act, of all legal pursuit, intended or to be intended, within the space of one Year, after the Date of the Treaty, against all Thieves, Sorners, Out-laws, Fugitives, Murtherers, Broken Men, or their Receptors for whatsoever Thefts, Reifs, Hardships, Oppressions, Depredations, or Murther done or committed by them; and all lawfull Decrees given, or to be given, by the Parliament, or any Commissioners to be appointed by them, for that effect, who shall have power to dignosce and take cognition, whether the same falls within the said Act of Pacification and Oblivion, or not.

3. It is desired, That the Demand concerning the not making or denouncing of War with Foreigners, without Consent of both Parliaments, may be condescended unto by the King and Parliament of England, which is ordinary and universally observed in all mutual Leagues, which are both defensive and offensive; and because the Wars denounced by one of the Kingdoms with Foreigners, although made without Consent of the other Kingdom, will engage them by necessary Consequence; or if the Consideration of that Proposition, shall require longer time than the present Condition of the important Affairs of the Parliament may permit, and lest the speedy Close of the Treaty be thereby impeded, it is desired, That this Demand, with the two other Articles of the same nature—the one concerning Leagues and Confederations, and the other concerning mutual Supply in case of Foreign Invasion—may all three be remitted to Commissioners, to be chosen by both Parliaments, who shall have power to treat and advise thereupon, for the Good of both Kingdoms, and to report to the Parliaments respective.

4. It is desired, That the Articles concerning Trade and Commerce, Naturalization, mutual Privilege and Capacity, and others of that nature already demanded, may be condescended unto by the King and Parliament of England: And namely, that demand about the pressing of Ships or Men, by Sea or Land; or of shortness of Time, and exigency of Affairs, may not permit the present Determination of these Demands; it is desired, That these same (except so many of them as are already agreed unto by the Commissioners for Trade) may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof, for the good of both Kingdoms, and to make report to the Parliaments respective. And that the Charters or Warrants of the Scottish Nation, for freedom of Shipping in England or Ireland, from all Customs, Imposts, Duties, and Fees, more than are paid by the Natives of England and Ireland, granted by King James under the Broad Seal of England, upon the Eleventh of April, in the Thirteenth Year of his Reign, and confirmed by King Charles, upon the Ninteenth of April, in the Eighth Year of his Reign, may be ratified and enacted in the Parliament of England.

5. That the Extracts of Bands and Decretes put upon Record and Register in Scotland, may have the like Faith and Execution, as the French Tabelliones have in England or Ireland, seeing they are of alike Nature, and deserve more Credit; and if this cannot be done at this time, that it be remitted to the former Commission from both Parliaments.

6. The manner of safe Conduct for transporting the Money from England to Scotland, by Sea or Land, would be condescended upon, in such a way as the Charges be not exorbitant.

7. The tenour of the Commission for conserving of Peace would be condescended unto, together with the Times and Places of Meetings, and whole Frame thereof; the Draught whereof, when it is drawn up in England, is to be represented to the Parliament of Scotland, that they may make like Commission, and name their Commissioners for that effect

8. The Parliament of Scotland do join their earnest and hearty Desire, and crave the Parliament’s Concurrence, that none be in Places about the Prince his Highness, but such as are of the Reformed Religion.

9. That an Act of Parliament of Publick Faith for payment of the Two hundred and twenty thousand Pounds of the Brotherly Assistance which is Arrear, may be presently framed and expedited, according to the Terms agreed upon.

10. It is desired, that the Quorum to whom the Scots address themselves for payment of £220,000 be condescended upon.

11. That the Order for re-calling all Proclamations, &c. made against his Majesty’s Subjects of Scotland, be drawn up, and intimated in due form and time, with the Publick Thanksgiving at all the Parish Churches of his Majesty’s Dominions.

12. It is desired, That the Articles concerning the Castle of Edinburgh, and other Strengths of the Kingdom may be understood to be, that the same shall be disposed of for the Weal of the Kingdom, as the King and Parliament shall think expedient.

* * * * *

The English Lords Commissioners Answer.

1. That upon the disbanding of the Scottish Army, the Garisons of Berwick and Carlisle shall be removed, according to the Article of the Treaty on that behalf.

2. The second Article is condescended unto, according to the Provision added to the Act of Oblivion and Pacification.

3, 4, 5, 6. The third Demand concerning the making of War with Foreigners, with the other two Articles, concerning Leagues and Confederations, and concerning mutual Supply and Assistance against Foreign Invasion; as likewise 4, 5, and 6, Articles, concerning Trade, Commerce, Naturalization, mutual Privilege and Capacity, and others of that nature, and the Demands concerning the Extracts of Bands and Decretes, and the manner of safe Conduct for transporting of Moneys from England to Scotland, are all referred to be taken into consideration by the Commissioners to be appointed by both Parliaments, who shall have Power to advise and treat thereupon, and report to the Parliaments respective.

7. It is just, That the tenour of the Commission for conserving of Peace should be agreed upon by mutual consent; but the closing of the Treaty not to stay hereupon, but to be left to the Commissioners to be named.

8. To that Desire, concerning such as should be placed about the Prince, the King hath already given a clear and satisfactory answer.

9. That there be an Act of Parliament of publick Faith, for securing the payment of £220,000, which is Arrear of the Brotherly Assistance, is just; and order is given for it accordingly: And it shall be communicated with the Scottish Commissioners, that it may be a perfect Security.

10. The Tenth, for appointing a Quorum for attending the payment of the Money, is already moved to the Parliament, and will be done as is desired.

11. The Eleventh Article is very just, and order shall be given accordingly for re-calling all Proclamations, &c. and for publick Thanksgiving.

12. This Article for the Castle of Edinburgh, and other Strengths of Scotland, is to be settled betwixt his Majesty and the Commissioners of Scotland; or by his Majesty and Parliament of Scotland.

All which Articles are assented unto, and approved by his Majesty, with Advice of the Parliament of England, and by the Committees of the Parliament of Scotland; and are necessary, for publick Declaration of mutual Consent; and for firm Observation, to be confirmed and ratified in the Parliaments of both Kingdoms.

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The Act of Pacification.

Be it therefore enacted by his Majesty, with the Assent of the Lords and the Commons, in this present Parliament assembled, That the said Treaty, and all the Articles thereof assented to as aforesaid, be and stand for ever ratified and established, and have the Force, Vigour, Strength, and Authority of a Law, Statute, and Act of Parliament.

Like as this afore-written Treaty, and whole Articles thereof, are by his Majesty and the States of the Parliament of Scotland, enacted and ordained in all time coming, the full force and strength of a true and perfect Security, and Act of the said Parliament.

And his Majesty for himself and his Successors, doth promise in verbo Principis, never to come in the contrair of this Statute and Sanction, nor any thing therein contained; but to hold the same in all points firm and stable, and shall cause it to be truly observ’d by all his Majesty’s Lieges, according to the Tenour and Intent thereof, for now and ever.

Like as the Parliament of both Kingdoms give full assurance, and do make publick Faith in the Name of both Kingdoms Respectively, for the True and Faithful Observance of this Treaty, and whole Articles thereof Inviolably, hinc inde, in all time to come.

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2. Principal Baillie’s Journal of the Assembly, 1642, in a Letter to the Rev. William Spang.[295]

COUSIN,

You had long ago from me, an account of our parliament; what has fallen out since in England and Ireland, you know it as well as I. The world sees the passages daily in print, and it is like, many hands will be careful to give account to posterity, of so many notable pieces of state as have fallen out this year in our dominions. The misintelligence of the King with his parliament continues to this day. When they had found the accusation, and had assayed to arrest by force in the middle of the House of Commons, five of their well-deserving members to ____________ the King’s long stay in his way from Scotland, and extraordinary caressing of the city of London, they became more jealous than ever, that their old enemies were on some new ways to make all their labours fruitless. Their great fears forced them to these guards which occasioned the King in malecontentment to go from Whitehall, and the Queen to leave the kingdom. Mutual misunderstanding has ever since increased pitifully; the putting of Sir William Balfour from the tower of London; my Lord Digby’s appearing in arms about Kingston, his flight to Holland, and idle letters to the King and Queen; my Lord Newcastle’s attempt on Hull, before Sir John Hotham’s coming there; Sir John’s refusing to let the King enter; his Majesty besieging of that place; my Lord Warwick’s using of the navy against the King’s mind; the great desertion of the parliament, by noblemen and others; that thrice traitor Goring’s delivery of Portsmouth to the King, has now well near betrayed Ireland to the will of the barbarous rebels, has put England in the posture of a most dangerous war, the event whereof, what it may be, we tremble to think. The best-affected of our council, before these evils went so high, thought meet to send up our Chancellor to see what his counsel might effectuate betwixt King and parliament. His Majesty, at that time, misliked the way of intercession, and caused the Chancellor to return, requiring our council withal to read and consider all that had passed betwixt him and the parliament, that finding how much he was injured by them in his just and legal prerogative, our council might, in name of our kingdom, declare the sense of these wrongs to the parliament by what commissioners they pleased. To this council-day were invited, by his Majesty’s letters, all the noblemen and other counsellors who were affected his way. The parliament, to preveen inconveniencies, moved our commissioners to send down Sir Archibald Johnston, with a declaration from them of their proceedings; trusting thereby to demonstrate, that all their ways with his Majesty should appear necessary and just. Upon that meeting of our council there were many eyes. The banders flocked to the town with so great backing, the Chancellor and Argyle’s company was so small, that there was a great rumour raised of a wicked design against Argyle’s person; but incontinent the gentry and ministry of Fife running over in thousands, and the Lothians with the town of Edinburgh cleaving to Argyle above expectation, the banders courage and companies of foot and horse melted away as snow in a hot sunshine. A paper of Sir Archibald Johnston’s, as a letter to a friend, gave good satisfaction to the minds of men. The petition of those who met was so resolute, full, and well conceived. My Lord Montgomery’s petition was so evil taken, that the council, however at the beginning for the far most part so resolute to have concluded a boasting mediation to the terrifying of the parliament, yet in end was glad to lay down all such motions. Since the King was not able to carry his intentions, his pleasure was we should desist for a time to essay any accommodation. When the Marquis of Hamilton had left, first the parliament, and then the King, we thought he had come to us with some instructions from the one or both; but it seems he had nothing from either, but, to eschew drowning, had chosen to leave both for a time, since both could not be kept, and to both his obligations were exceeding great.

It were a pity that our armies were so unhappily employed, when there is so fair an occasion offered to set our friends abroad on their feet, and to put our enemies once for all, over the brae, never more to arise to their terrible former greatness.

At this time I will only give you an account of our late assembly at St Andrew’s. On our way we heard of sundry rumours of the banders intention to essay their numbers, to extort from the assembly an exposition of our covenant, favourable for an expedition to England, for vindication of the King’s honour, which was alledged to be unjustly trampled upon by the parliament. However, we found no footsteps, when we came to the place, of any such plot; yet to preveen it, many of our best noblemen thought meet to countenance the assembly: not only all the noblemen of Fife—Weems, Burleigh, Sinclair, Elcho, Balcarras—but Argyle also brought over with him, Eglinton, Cassils, Glencairn, Lauderdale, Gordon, Maitland, and others, who all were elders, and voiced. The parliament of England also thought meet to send to us, by our commissioners, a declaration of their earnest desire to have their church reformed according to the word of God, and a copy of their petition to the King for peace. Lest the carrier hereof, Mr Robert Barclay, should have been so long detained by the King, whom he was directed to visit by the way, another copy was sent to us, which came with Mr Borthwick’s man, on the fourth morning, from London. We thought ourselves much honoured by the respectful letters both of the King and parliament to us. It seems it concerned both to have our good opinion.

On Monday, the 26th of July, we came over the water; not without danger and fear. Tuesday the 27th, we came to St Andrew’s. We found there, in the people, much profanity and ignorance, swearing, drunkenness, and the faults of the worst burghs, with extraordinary dearth. On Wednesday the 28th was a fast. Mr Henderson preached graciously and wisely, on 2 Cor., vi., 1, 2, 3; taxed freely the vices of ministers, among other the humour of novation. In the afternoon, Mr Blair had a sermon on Isaiah, lii., 7, 8, 9. He had preached thrice that week for Mr Rutherford, and was unwell: it seems he expected Mr Andrew Ramsay to have preached that diet, being the antecedent moderator; but he was absent, not being a commissioner. After both sermons, we entered the Old College with great trouble. Dumfermling took the chair of state for the King. He was in his way for France; for hither his mind carried him, against the heart of all his friends; but having this favourable commission put on him, by all mens expectation, he came with a number of his noble friends; his nephew, the Master of Zester, carried the commission in a purse before him. After prayer, the moderator leeted Mr Robert Douglas, Mr James Bonner, Mr Andrew Cant, Mr Robert Blair. Cassils, for keeping of the assembly’s liberty, caused add Mr Robert Ramsay. Mr James Bonner, got some voices; the rest almost none: but unanimously Mr Robert Douglas was chosen. Before the election, the commissions were given in, the names were read and booked. Want of charges made many presbyteries send but one minister. The commission was referred to consideration, because of a clause of the chancery, of not transferring the synod without his Grace’s advice. The King’s letter was read: it was very gracious; yet had a discharge express enough to meddle with any thing concerned us not. The Commissioner craved liberty of assessors: (he spoke little and low.) It was refused, except for private consultation. The King had written to the Marquis of Hamilton, Argyle, the Chancellor, Morton, and Southesk, to attend, and assist him. Argyle read his letter; but professed his presence there alone, in quality of a ruling elder from the presbytery of Inverary. Southesk sat at his foot-stool, and oft whispered his unsavoury advice. None of the other appeared. The commission from Campvere was welcomed.

Thursday, July 29th, I was sent for by the moderator in the morning to Mr Blair’s chamber. There the moderator had appointed his private meetings with his assessors, for regulating of difficult affairs. The members were secretly advertised; for none were allowed publickly; Mess. Henderson, Cant, Dickson, Blair, Fleming, Argyle, Cassils, Lauderdale, Sir Archibald Johnston, Mr George Winton, and John Binnie. We resolved there upon the committees. We were feared for a storm about novations. The ablest men of the kingdom were present. I advised to name the committee for regulating of Shetland and Orkney first, and put upon it these men from whom they expected more fashrie, such as Mr Harrie Guthrie, Mr David Dogleish, and sundry moe. The committee for bills and reports I got too ordered, that Mr James Bonner became moderator for the one, and Mr Robert Ramsay for the other, with Mr George Young his clerk, who made all the reports in face of the synod, as he had done twice before; only some of my friends were neglected through my forgetfulness, who therefore were like to have created us trouble, had I not gotten some employment to them thereafter. The clerk had drawn up a number of matter for the synod, which then we examined. No sermon that day, for Mr R. Ramsay nominate by the moderator but yesternight, had refused. In the assembly the committee for bills, reports, and Shetland, were appointed, as we resolved. The commissioners for visiting the universities of St Andrew’s and Glasgow were renewed. I admired the industry of Argyle. All the diets of our synod he kept, and did give most and best advice in every purpose that came by hand. Our privy committee, before or after the assembly, he never missed; the committee for visitation of the universities, had punctually attended, and yet never complained of weariness. We put Eglinton on the committee of bills, and Glencairn on the reports, where he became a little more busy than was well taken. Because of the ignorance of acts of the general assemblies, the clerk was desired to draw together in one body the general acts of the old assemblies, to be ready for the press, and to print, without delay, the acts of the last five assemblies. Mr George Haliburton was somewhat tedious in his speeches anent the plantation of Dundee. His son was presented by the Viscount of Didup; yet at the town’s desire, the young man did pass from his presentation. Mr D. Dogleish spoke much and well, but so boldly and oft that he was little regarded. Mr George Gillespie’s cause came in. His patrons Weems and Elcho spoke much for his retention: himself also was very earnest to stay. Many marvelled of the difficulty was made, since long before, as he was alleged, the city of Edinburgh had agreed with Mr George for his transportation with his patrons consent. The King’s letter was read again, and overtures for Papists and presentations were referred to the moderator. The committees were appointed in the afternoon. At our meeting, it was laid on Mr Henderson to answer the King and parliament’s letters. The overture anent Papists was committed to me; which I drew, as it was thereafter approven in the assembly, without alteration. We spake much of patronages. The overtures whereupon the commissioners of parliament had agreed on with the King, I shewed was of no use to us; for it was hard for us to find one person to a vacant kirk; but to send up six to the King, where-ever he was to present any one, whereof we would assure should be accepted by all who had interest, it was not possible. Argyle made a fair offer for himself, and all the noblemen present, hoping to persuade other noblemen and gentlemen to do the like, that they would give free liberty to presbyteries and people to name whom they would to vacant places, upon condition the assembly would oblige intrants to rest content with modified stipends. I reasoned against this condition, not for stipends already modified, but where benefices were yet entire; for there it was hard for us to dilapidate these few relicks with our own hand. Lauderdale was much against popular elections. So we resolved to have nothing spoken at all of patronages.

Friday, 30th, the provincial assembly-books were produced by the commissioners where the clerk resided. A very well-penned letter by sundry noblemen and gentlemen was read for help of ministers in Ireland. After much private debate, Mr D. Dickson having peremptorily refused it was laid by the voices of the assembly on Mr Blair and Mr James Hamilton to go to Ireland for the first four months; on Mr Robert Ramsay and Mr James Maclelland for four months following; on Mr John Livingston and me for the next four. It came so suddenly on me, that all my opposition was in vain; and it was the assembly’s care, to beware lest all the men that went over to that land should be in danger, in the first settling of that church, to favour any differences from our church. There was much debate for reading of the parliament of England’s letters. The commissioner was passionate, that no answer might be given to them till the King’s license might be obtained for that end. When his weeping could not obtain this, Southesk suggested the delay of answer only for twenty-four hours. This also was refused; for however the answer was not ready for some days thereafter, yet we esteemed it a dangerous preparative, to be hindered to answer when we found meet, the motion made to us by less considerable parties than the parliament of England. Mr Robert Brown having satisfied the presbytery of Penpont for his long delay to come to the covenant, upon his humble petition was received an expectant. After noon, in our committee, the book of the commissioners of the last general assembly was revised, and approven by us. Mr Henderson made a long and passionate apology for his actions, That the nomination of William Murray to be agent for the kirk till the next assembly, was by the commissioners, and not by him; that the man had done many good offices, and none evil, to the church; that he had refused to serve any longer in that place; that what himself had got from the King, for his attendance in a painful charge, was no pension; that he had touched as yet none of it; that he was vexed with injurious calumnies. After the venting of his stomach, to all our much compassion, the gracious man was eased in his mind, and more chearful. It is true, some expressions in his sermons before the King, and his familiarity with William Murray, who was thought to be deep in all the plots, made him somewhat less haunted by our nobility than before; and Mr David Catherwood, and Mr Andrew Kirkhall, their censure of the ministry of Edinburgh in the late provincial of Lothian, for not applying their doctrine to the evil of the times; also his dissuading of his acquaintance, at Mr William Scot’s burial, to come over to the council-day, and his small countenancing of the ministers petition to the council, occasioned many unpleasant whispers against him; but certainly the man’s great honesty, and unparalleled abilities to serve this church and kingdom, did ever remain untainted.

Mr R. Blair and Mr S. Rutherford moved us to assist them for an act of transportability. There was a great heartburning for the time in the town. Mr Andrew Afflect of Largo had been nominate by Mr A. to be his colleague in St Andrew’s. The whole town did much affect him. Mr Robert and Mr Samuel had given once way to his transportation hither: yet when Mr James Bruce, Mr Arthur Morton, and Mr George Hamilton, had carried the plurality in the presbytery, for his keeping at Largo, his doctrine not being so spiritual and powerful as the case of St Andrew’s required, Mr Robert plainly avowed his dissent from his transportation; whereupon almost the whole town did storm, and refused to regard any of Mr Robert and Mr Samuel’s desires. This made both urge at least a transportability. I helped Mr Samuel to obtain it; but to my great repentance, if he makes any use, as he is too much inclined, of that his liberty. Mr Robert got some more contentment by the transporting of Mr Andrew Honniman to be his colleague. Mr Andrew Afflect also was taken to Dundee for the ending of that tough plea betwixt the town and the Constable.

All this while my Lord Eglinton was seeing what he might get done for my retaining. He was assured by all, that the assembly would transport me; and, for this effect, Edinburgh had sent a warrant to their commissioners, which I knew not for the time. His Lordship, therefore, resolved to speak nothing of his appeal; only he required the favour of an act to transport in the synod of Glasgow any he could find without a burgh and nobleman’s residence. This was granted; and so his Lordship went away, being much afflicted with the death of his noble son Sir Alexander, the Colonel.

The fourth session was on Saturday, July 31. A letter from a number of English ministers at London was read, shewing their desire of Presbyterian government, and a full union with our church. The question of Mr John Bruce’s admission came in. The patron, presbytery, and provincial synod, urged his receiving. William Rig, and the people, vehemently opposed it, because of his great insufficiency, and neglect of some part of his trial; he was decerned to be admitted. Mr And. Stewart’s was agitate. The provincial of Galloway had made an act, to put all transported Ministers in their bounds unto all the trials required of expectants. This by all was thought to be absurd; yet the clerk fell on an overture concluded in the last assembly, giving liberty to presbyteries to put ministers to some trial. The exposition of this act was committed to some who made a commodious interpretation thereof. Sundry bills, and reports of particular affairs, were discussed.

On Sunday Mr David Dick preached, most on the afflictions of ministers, for the comfort of Mr Blair as I took it; but was not thought pertinent by the most. After noon, Mr And. Cant preached zealously on, “The zeal of thine house hath eaten me up.”

Session fifth, Monday, August 2. The principal of the English parliament’s declaration to us, with their petition for peace to the King, being presented by Mr Robert Barclay, was read. The King’s very sharp answer, presented by his Grace, was read. After it, we had some debate in our committee about the publick reading of the King’s answer; yet all consented it should be read. The assembly resolved to supplicate the King, and to deal with the parliament, for peace. The pieces were drawn up by Mr Henderson, and committed to my Lord Maitland to deliver; which produced that gracious return from the parliament which ye see in print. A number of bills and reports were dispatched. Mr John Guthrie, though he had satisfied for his late subscription of the covenant, and was earnestly supplicate by the whole provincial of Murray, yet the patron Duff’s dissenting, could not be replanted in his old church. The assembly presented Mr George Halyburton to the church of Bonimoon. The presbytery of Brechin alledged their right. It is resolved, that the rights of presbyteries and synods must cease, and dissolve in the hands of general assemblies sitting. That great contest had been in Glasgow anent the choice of their session, we got it settled with motioning the occasion; the old session was ordained to chuse the new: but that question which some would have moved, If the old session, being viciously chosen, was to be the elector? we did suppress. The negligence of some clerk had lost the most part of the acts of the presbytery at Newcastle; but it was ordained to deliver all could be had to Sir Archibald Johnston, to keep them in retentis. In the afternoon we had much debate for novations in our committee. Mr Andrew Cant, as I alledged, been put to by his nephew, did much extenuate them. Mr Henderson and Mr Robert Murray fell sharply on him. He freed himself of all suspicion. I was vexed on all hands in the committee. I was mouth for these who pressed the danger of novations; out of it I was beaten on as too slack in that matter. When, by the cunning delays of some, the matter was like to be cast to the end of the synod, and so to evanish, I gave over my agentry; whereupon those who hated novations being enraged, drew a petition to be subscribed by too many hands. This I brought to our committee. It put them in a fray of division. They laid on me to draw an act, which I did to the satisfaction of all once. Yet thereafter some of our committee, repenting of their consent, it was laid on Mr Henderson to make an explanation of the former act anent novations. His draught did displease more than mine. At last, for fear of scandal, we agreed on pressing for the time all acts, and writing a letter by the moderator to the presbyteries troubled with novations. This letter I drew to the satisfaction of all; yet, after the assembly dissolved, the form of my draught was altered. This letter was brought from the presbyteries it was sent to, to our provincial synod, where we got it inserted in the questions of our visitations of churches, that novations in our bounds should be stopped according to that letter. This was the most difficile matter in our synod. Our northland brethren were much inflamed; and if it had come in face of synod, would have made a violent act; yet the places of those evils being alone among us in the west, they did leave the agenting of it to us. Divers practices of the brethren of Galloway, specially the deposition of Mr Gilbert Power, had wakened many of us against their new way; yet the managing of that matter falling, by God’s providence, in my poor hands, it was guided so peaceably as I was able, and all was for this once fairly carried to all sides reasonable contentment.

The next three sessions, on Tuesday, August 3d, and Wednesday, 4th, before and after noon, were spent on particulars, or perfecting the particulars before mentioned. Every assembly is troubled with the plantation of Edinburgh. A little before this assembly, their clerk, Mr Guthrie, with his side of the council, had been busy to have drawn in his good comrade Mr Andrew Fairfoul from Leith; but the most of the town being grieved with the motion, called themselves together in the church by the bell after the second sermon; and finding my transportation to Glasgow passed, gave a call in the synod to three; the one failing the other, Mr James Hamilton, Mr David Forest, Mr Mungo Law. To Mr James they gave a Nolumus. Mr David did so peremptorily refuse in private and publick, that a whisper went amongst us he had a dangerous disease; yet when four of us were sent out to confer with him, we found nothing but too great and somewhat melancholick modesty in the man. Upon our report, the assembly voiced him abiding. In the meantime, the council of Edinburgh sent over to their commissioners new instructions to petition for me and Mr Robert Knox. My matter was then past. Mr Knox was not well liked of: so they moved only for a power to the commissioners of the general assembly to plant them in one man. They pitched on Mr James Wright; but his health was known to be so extraordinarily evil in the town, that we voiced his abiding: so yet they have been unhappy in their choices. The last synod sent to presbyteries a number of overtures for regulating of transportations. No diligence to count of was used for their examination or perfecting; so they passed in acts at this time, rashly enough in my judgement; but because of my interest, I meddled not in that matter. The Isle of Sky was adjoined to the province of Argyle, and not to Ross. The Earl of Irvine was licensed to take over to France any two ministers he could persuade for his regiment; the one to be provided in 1000 pound; the other 1000 merks, with entertainment to themselves, horse, and man.

Sessions ninth, tenth, eleventh, and twelfth, on Thursday and Friday, these acts passed which ye see in print, with a number of particulars. The synod of Galloway was much eyed for divers of their rash acts. Their act for putting ministers to the trial of expectants was repealed; their deposition of an old man, Mr George Kincaid, near eighty years, for insufficiency, was found unjust. The causes of Mr Gilbert Power’s deposition by all were found null, and he ordained to be reponed by Mr James Bonner. At the day of reposition a number of gentlemen and others came to the church, and with clubs and staves made opposition. This insolency filled all the country with clamour, and made the horns of the new way a little more conspicuous. The disdain of that affront cast good Mr James Bonner in a long and dangerous fever. In our meeting at Edinburgh we concurred with Mr Gilbert to complain of the riot. The council took order as we desired; only we advised, and sent our advice to the presbyteries of Galloway, to put all who were convicted to their publick repentance at the churches of Maybole and Staniskirk. Upon the parties humble penitence, and Mr Gilbert’s peaceable repossession, we resolved to supplicate the council for the mitigation of the civil censure. Mr George Young, clerk of the reports, and some others, handled that matter so, that the impenitency of these of Galloway was palpable to the whole synod. There was a fashious process also from the presbytery of St Andrew’s. Mr David Merns, a man blameless, and of common parts of learning, had been deposed truly for insufficiency; but a number of other things were put in his sentence, which all are found to be null. With much ado the sentence stood; but with some qualification for the man’s credit, and a provision out of his church of 400 merks till he was otherwise provided. Mr Andrew Afflect, Mr Andrew Peme, and Scottiscraig, were appointed for visitation of Orkney and Shetland. The sighting of the provincial books was for good purpose. A commission was drawn up, as you see in print, for attending now and then in Edinburgh. A number of good motions was recommended to their care. Upon Argyle’s contriving and motion, Maitland unanimously was sent as our commissioner to King and parliament, wherein he proved both wise, industrious, and happy. Montgomery’s petition came in hands; sharp enough flyting there was about it betwixt his Grace and Argyle. Always for time to come we made an act against such presumption. For the transmitting of our covenant to posterity, it was appointed, that of the principal there should be three famous transumpts under the hand of the clerk-register, the clerk of the Assembly, and council to be set in the books of parliament, assembly, and council. Mr James Fairly had oft been a supplicant for some place in his great necessity; when, after long delays, there did no possibility appear of any flock who would be intreated to receive him, at last Mr Andrew Affleck’s transportation to Dundee opened a door to young Durie in Largo, where he was patron, to receive his old master to all our requests.

On Saturday was our thirteenth and last session. Here a fast was appointed. The causes were drawn up by some longsome and unmeet hand; the draught read was misliked, and drawn better, as you may see. Yet the printed compend is not so good as this. The motion for twenty shilling from every church granted to James Murray for this year also, it is like it will not be granted again. It is thought a needless burden. The man is called weak, and dear in his extracts. I dissuaded Sir Archibald from moving any thing of an adjunct; yet he did venture, and carried it. He showed his willingness to serve us all his days faithfully and gratis; only for his help he desired he might have one to assist the kirk-meeting when he could not attend, and for giving of extracts, for whose actions he should be answerable. No man opposed the motion. Scotscraig, since no expences was allowed, excused his voyage to Orkney; and the tutor of Pitsligo was named for him. Commissioners of the neighbour presbyteries appointed to meet with the presbytery of St Andrew’s, for settling the differences anent the plantation of the town, which was done with good success.

The next assembly appointed at Edinburgh the first Wednesday of August. The moderator spake very wisely both to ministers and elders, especially about keeping of unity, and being aware of novation. All ended in great peace and love.

After the assembly we had not much inward trouble. The letter about novations we made be read in our provincial synod of Irvine, and from thence to be sent to particular sessions, where it calmed somewhat the headiness of people; but the brethren which were taxed thereby, whereof there were some six or seven in Ayr, and two or three elsewhere, were the more stirred, and prepared themselves to write, as they say, for strengthening their tenets. Some of them are very heady; yet we are comforted, that they increase not in number, the excesses of some of their followers, who have fallen into rigid Brownism in whole, does much scar good people from that way; as also the presbytery of Edinburgh their diligence, who, upon the delation from the synod of Aberdeen of one Gearnes, a gentleman, his avowed Brownism, caused read out of all the city-pulpits a warning against that way. In that our provincial made good overtures, for absence, and visitation of churches, which Mr Robert Ramsay drew up. They were too long. If we get the substance of them past the general, which we mind to try, as we got them through the provincial, our church-discipline will be better executed.

The commission from the general assembly, which before was of small use, is like almost to become a constant judicatory, and very profitable; but of so high a strain, that to some it is terrible already. In one of the two or three meetings I was present; for beside the public advertisement from the moderator of the last general assembly, who is constant convener and moderator, I was seriously desired to come by my Lord Wariston. Our errand was, to hear account of my Lord Maitland’s negociation. He delivered to us the parliament of England’s return, granting all our desire, in abolishing of bishops, and requiring some of our ministers to assist at their synod against the 5th of November, or when it might be called. Of this we were very glad, and blessed God. From the King, his answer was, a promise to consider our desires. It was found expedient to nominate commissioners, that they might be in readiness. It was intended by some, that only ministers should go, and that very few. In the meeting I moved the conjunction of elders; but I got not a man to second me; so I gave it over: yet the absurdity and danger of such an omission pressing my mind, I drew up reasons for my judgement, which I communicate to Argyle and Wariston; and when they liked the motion, I went so about it, that at the next meeting it was carried without opposition. Fearing I might be one of the number to go, I dealt in private to my uttermost to decline it; besides the hazardous travel, I remember the great loss I was very near to have suffered by my last voyage, had not my good friend Mr George Young represented to my Lord Chancellor and Argyle the truth from the writ. Always my experience made me upon many grounds to decline that voyage, some whereof intending to be gone before the election. Sundry would fain have been employed; and lest they should have gotten themselves named, Argyle, in his cunning way, got them on the committee of nominators. That committee named Mr Alexander Henderson, Mr Robert Douglas, Mr Samuel Rutherford, Mr George Gillespie, and me; Cassils, Maitland, and Wariston, for elders. Mr Alexander was extremely averse from going, protesting his former expectation of death before he could attain London: but when all could not avail, he passionately complained of the great ingratitude he had found of sundry, who put heavy burdens on him, and were ready to invent or receive injurious calumnies of him. Cassils was much averse, and made great opposition. Every man said something; but no man was gotten excused. The miserable condition of the English affairs have yet kept us all at home.

* * * * *

3. List of Overtures in, and Acts of the Estates of Scotland, bearing reference to the Church, from the 15th of May 1639, to the 17th of Nov. 1641, from Chronological Table of Acts, vol. v.

1639.

Sept. 6. The Covenant subscribed by the Lord Commissioner—Ratification of certain Acts of Assembly—Dr Balcanquell—Grievances of Ministers of the North—Augmentation of Stipends—Presentation to Churches—Acts of Parliament in favour of Bishops’ [rescinded] Oaths, prejudicial to Covenant—Profanation of Lords Day, &c, p. 253.

Sept. 7. Salmon Fishing, and feeing Shearers upon Sunday—Lands and Benefices of Chapters.—Ibid.

Sept. 10. Salmon Fishing upon Sunday—Kirk of St Magnus, Kirkwall—Minister of Brechin—Two Ministers and Reader in Elgin—Minister of Auchtertool—Acts against Drunkenness and Blasphemy—Procurator of the Kirk, Clerk, and Agent—their Fees—Augmentation of Ministers Stipends, p. 256.

Sept. 11. Supplication of Assembly anent Large Declaration—Expenses to Commissioners of Assembly—Prohibition of Marriage of Scotsmen in England—Against Papists and Jesuits—Kirk of Montrose—Disjoyning of Denny from Falkirk—Kirk of Anveth—State of the Church of Glasgow—Parsonage of Meigle—Churches of Elie, Carsfernie, Glenlyon, and Fartrahill, Chanonry of Ross, Kirk of Ferne, and Auchterteull, p. 256. Parochines of Craigie and Riccarton, p. 258. Minister of St Nicholas, Aberdeen—Sentences given by High Commission against Ministers—Plantation of Schools—Provision of Gleibs and Manses—Presentation to Vaikand Kirks—Ratification of Acts of Assembly and Covenant, p. 259.

Sept. 17. Act anent Episcopacy, &c., to be separated—Reservation of Commissioner in subscribing Covenant delete (in Privy Council Register)—Act against Episcopacy, pp. 260-61.

Sept. 20. Earl of Errol and Minister of Turreff, p. 262.

Sept. 24. Act against Episcopacy, and Commissioners Declaration thereanent, p. 263.

Sept. 25. Kirk of Carrestone, p. 264.

Sept. 28. Visitation of University of St Andrews—Tacks of Lands, p. 266.

Oct. 1. Vassals of Bishops—Erection of Parishes, dismembering of Kirks, &c, Kirkmaden, Hospital of Balhagardie, Girwan and Daily, Glenlyon and Fotheringall—Regiments to be furnished with ministers, p. 268.

Oct. 3. Commission for Surrenders and Tithes, and Plantation of Kirks—Presentation of Benefice of Dumfries, p. 271.

Oct. 4. Erection of Steeples—Paroche Kirk of Langsyde, p. 272.

Oct. 5. Ratification to Town of Edinburgh anent Augmentation of their Ministers Stipends, p. 273.

Oct. 7. Distinction of Spiritual and Temporal Lords of Session, pp. 274-8.

Oct. 8. Anent Mortifications in favour of Colleges and Hospitals, p. 275.

Oct. 10. Presenting Ministers to Kirks—Union of Kirks, p. 276.

Oct. 11. Admission of Ministers to Kirks which belonged to Bishoprics, p. 277.

Oct. 14. Planting of Kirks Usurped by Bishops—Laird of Tillythroskie against Minister of Birse, pp. 278-80.

Oct. 17. Plantation of Kirks—The Procurator for the Kirk, p. 281.

Oct. 23. Visitation of University of St Andrews, p. 281.

1640.

June 11. Ratification of the Acts of Assembly, p. 291. Of Confession of Faith and Covenant—Supplication of General Assembly 1639, and Acts of Privy Council and Assembly, ordering Subscription of the Covenant, p. 292. Act Recissory, p. 298. For Planting Kirks vacant by default of Patrons—For Admission of Ministers to Bishops Kirks, p. 299. Acts Discharging Salt Pans and Salmon Fishing on Sunday—Against Papists, p. 300. Against hiring Shearers on Sunday, p. 302. Anent Large Declaration, p. 302. Act in favour of Vassals holding of Prelates and Chapters, p. 305. Act in favour of the Procurator, Clerk, and Agent for Kirk for their fees, p. 315. Act and Band for Maintenance of Acts and Constitution of this Parliament and of the Religion, &c, p. 316.

1641.

Aug. 5. Supplication of the Synod of Galloway against Thomas Mackie, p. 354.

Aug. 9. Declaration of General Assembly anent the Band subscribed by some Noblemen, p. 355.

Aug. 13. Proclamation discharging Noblemen and others who have not subscribed Covenant, to have seat or vote in Parliament, p. 361.

Aug. 20. Universities and Schools—Articles and desires given in by the Commissioners of the Kirk—Overtures concerning Universities and Schools, p. 365.

Aug. 24. The Treaty and Registration thereof, p. 369.

Aug. 26. The Treaty—Anent Ratification, p. 371.

Aug. 31. Ratification of Treaty, p. 286. Act and warrant for publishing and printing of the Acts in June 1640, p. 387.

Sept. 1. Vicarages—Monuments of Idolatry—Suspensions of Ministers Stipends—Papists and Non-Covenanters, p. 387. Discharging unlawful Marriages, p. 388.

Sept. 2. Vicarages—Non-covenanting Patrons—Escheitts of Papists—Monuments of Idolatry, pp. 388-9.

Sept. 9. Profession of Theology in University of Glasgow—Monuments of Idolatry—Noncommunicants and Excommunicates—Suspension of Ministers Stipends, and Colleges, Schools, and Hospitals, pp. 393-4.

Sept. 10. College of Glasgow—Distressed Ministers in the North—Monuments of Idolatry, &c., pp. 394-5.

Sept. 11. University of Glasgow—Propositions from Assembly, pp. 397-8.

Sept. 14. Distressed Ministers—Commission for Plantation of Kirks, p. 398.

Sept. 17. Committee for Ministers in the North, pp. 404-9.

Sept. 24. Gifts of Bishops’ Lands, Rents, &c.—Overtures from Kirk—Distressed Ministers, p. 410.

Sept. 25. Supplication of A. Johnston, Procurator for Kirk, pp. 413-17.

Sept. 28. Exoneration of Mr A. Henderson, p. 417.

Sept. 29. Act anent A. Pitcairn, Minister at Tannadyce, p. 422.

Oct. 5. Disunion of Kilmarnock Kirk, p. 428, and pp. 431-2.

Oct. 22. Commission and Overtures for the Kirk, p. 439.

Oct. 26. Committee for the Kirk—Kirk of Crieff, pp. 441-2.

Oct. 30. Reader at Kirk of Meigle, pp. 444-5.

Nov. 1. University of St Andrews, pp. 445-8.

Nov. 3. Ratification of the Gift, and Mortification of the Rents of the Bishopric and Priory of St Andrews to the University, p. 449.

Nov. 12. Commissioners for the Kirk, p. 460

Nov. 13. Reasons for reuniting the 7 Kirks in Dumbartonshire as they were in former time—Commissioners for Plantation of Kirks, p. 461.

Nov. 15. Plantation of Kirks—Breakers of the Lords day—Collegiate Kirks, Provostries and Prebendaries, pp. 466-73. Commission for Plantation of Kirks, p. 470.

Nov. 16. Supplication of John Guthrie, late Bishop of Morray—University of St Andrews—Collegiate Kirks—Superiority of Bishops Lands, p. 482. Commission for Visitation of Colleges of St Andrews, p. 498. Act in favour of Laik Patrons of Provostries, Prebendaries, Chaplainries, and Altarages, p. 500.

Nov. 17. Act anent the erection of the Kirk of Elie, p. 559. Do. of Anstruther Easter, p. 561. Denny, p. 562. Ratification of the Bishopric of Aberdeen to the Colleges, p. 565. To the College of Glasgow, p. 566. To the Kirk of Leith, p. 567. Kirk of Carrestoun, p. 568; and Bonds to Kirk thereof p. 569. Ratification to Minister of Turreff, p. 569. Of Patronage of the Kirk of Dyke to Earl of Dunfermline, p. 569; and Lordship of Dunfermline p. 571. Ratification to Leslie of Tack of Bishopric of Orkney, p. 577. Do. in favour of Minister of Culross, p. 578. Ratification to Marquis of Hamilton of Patronages of Calder and Monkland, p. 588. Ratification of disuniting Kirks of Kirkmabreck and Kirkdaill from Anveth, p. 595. Do. Teinds of Calder to Stirling of Keir, p. 596. To Minister of Donoone of 1200 merks, p. 597. Ratification of Barony, Regality, and Temporality of Glasgow Bishopric to Duke of Lennox, p. 597. Of Cathedral at Dornoch, p. 599. Do. to Minister and Schoolmaster at Glenluce, p. 6O2. Ratification of Gift to Town of Edinburgh of Teinds, &c., of Bishopric of Edinburgh, p. 605. Teinds of Kilrennie, p. 606. Castle of Spynie to Innes, p. 607. Of 1000 merks to the Cathedral of Dunkeld, p. 607. Patronage of Kirmaden, p. 608; and a great number of other ratifications of the same kind, amounting in all to 360—passed in cumulo.

THE GENERAL ASSEMBLY, AT EDINBURGH, 1643.

The proceedings of the Assembly in 1642, us the reader must have perceived, from the nature of some of its Acts, were of a very important character and tendency; and, having given the authenticated record, it now becomes requisite, with reference to the current of events, to recur to these in connection with the political occurrences with which they were combined, as forerunners of the proceedings in the Assembly of 1643.

It will be recollected that, some months previous to the Assembly of 1642, a complete rupture had taken place betwixt the King and the English Parliament—that both parties were busied in preparations for an appeal to arms—that the Commissioners for the Scotch Covenanters had tendered their mediation, and obtruded their unseasonable project for establishing Presbytery in England as the means of allaying all animosities betwixt the King and his English subjects—(a proposition which was reproved by the King, but encouraged by the parliamentary leaders)—and that, notwithstanding the King’s reasonable objections to the Scotch intermeddling with the affairs of England, a popular petition was presented to him, through the Scotch Council, persisting in these hostile intervenes respecting the Church of England. This took place on the very eve of the meeting of that Assembly on the 27th of July.

The King’s letter to the Assembly gave assurances of the most friendly kind with respect to the Kirk as now restored to its Presbyterian form and privileges, and called upon it to promote peace and obedience to the laws by precept and example. Soon after it met, a “Declaration of the Parliament of England” was also laid before it; but neither the date of that document, nor of its receipt, nor of the answer to it which is subjoined in the printed Acts, appears from thence. To the King’s letter, it will be observed there is, in the answer, an exuberant declaration of “great joy and gladnesse” on hearing it read, and assurances of promoting loyalty, peace, and religion. But this is followed by a pressing demand for “unity in religion and uniformity of church government, as a meane of a firme and durable union betwixt the two kingdomes, and without which, former experiences put us out of hope long to enjoy the puritie of the Gospel with peace,” &c.; and all this is wound up with a high rhetorical flourish. In the Declaration from the Parliament, the cunning malcontents, by whom it was sent, adopted a language suited to the taste of their Scottish confederates, ascribing all the troubles to “the plots and practises of a malignant party of Papists and ill-affected persons, especially of the corrupt and dissolute Clergy;” the “instigation of Bishops and others,” actuated by “avarice and ambition, being not able to bear the reformation endeavoured by the Parliament.” And they express great concern for the King’s honour and state, “the glory of God, by the advancement of the true religion, and such a reformation of the Church as shall be most agreeable to God’s Word.”

To this vague and guarded communication, the Assembly made an elaborate answer, intimating “their serious thoughts and earnest desires for unity of Religion; that in all His Majesties dominions there might be one Confession of Faith—one Directory of Worship—one publike Catechisme—and one forme of Kirk Government;” and for “suppressing the names of heresies and sects, Puritans, Conformists, Separatists, Anabaptists,” &c. In conclusion, the Assembly plainly suggests, to the English Parliament, that “the Prelaticall Hierarchie being put out of the way, the work will be easie, without forcing of any conscience, to settle in England the government of the Reformed Kirks by Assemblies; for although the Reformed Kirks do hold, without doubting, their kirk officers and kirk government by Assemblies higher and lower, in their strong and beautiful subordination, to be jure divino, and perpetuall; yet Prelacie, as it differeth from the office of a pastor, is almost universally acknowledged by the Prelates themselves, and their adherents, to be but an humane ordinance,” &c., which, “without wronging any man’s conscience, may be altered and abolished.”

Besides the letter from the Parliament, the Assembly were favoured with a similar one from “some Ministers of England,” whose names, however, are not given in the copy of it, but much more in accordance with the views of the Assembly, inasmuch as they avow their preference of the Presbyterian system. To this a cordial response was given, concluding with a proposal for a united Assembly of the divines of both kingdoms to settle all points of faith, catechisms, and directory for public worship.

These several communications, from the Assembly of 1642, were accompanied with applications to the Lords of Privy Council and Conservators of the Peace for their concurrence in support of these views and objects, by pressing them on the King and Parliament of England. Lord Maitland was authorized to proceed thither with the answers to the King and Parliament; and they gave instructions to their Commissioners in London to enforce these preconcerted measures. But the crowning act of this scheme was the appointment of a “Commission for publike affairs of this Kirk, and for prosecuting the desires of this Assembly, to his Majestie and the Parliament of England.” Of the proceedings of this formidable Commission, we shall have occasion to treat in the sequel. It comprised fifty ministers, ten noblemen, and fifteen barons and burgesses, being in all seventy-five members, who henceforward formed, as it were, a second House of Parliament in Scotland, exercising functions that embraced both the civil and ecclesiastical concerns of Scotland, as well as trenching upon those of England. Its members were the leaders of the Covenant throughout its career; and the laymen amongst them were those whose ardent zeal had been rather quickened then quenched by the spoliation of the Episcopal revenues, in the Scottish Parliament of November, 1641—an exemplar which, doubtless, awakened the cupidity of many among the English Puritans, who now panted for a similar and even more extended change; for a large portion of these were Independents, and contemplated the adoption of a more comprehensive appropriation in their legislation, which might extinguish the Episcopal without rearing a Presbyterian Church, and thus leave the wealthier endowments of the English Church to the rapacious hands of the most potent among them.

In order to carry out the principles of this scheme, the Assembly thought it fitting to keep up popular excitement throughout the country; and, for this purpose, a fast was appointed, and the clergy were enjoined to forward the “great work of unity of religion, and uniformity of kirk-government,” by preaching and praying with their flocks on the subject.

It is not necessary to notice all the subordinate Acts of that Assembly, many of which were competent and laudable; but there was one by which, without imputing any sinfulness to church patronage, or proposing to abolish it, they merely sought to appropriate the exercise of it to the Assembly itself. The King, in the great abundance of his concessions, had agreed to exercise the royal church-patronage, by bestowing presentations on some one in a leet of six to be named by the Presbyteries within whose bounds vacancies should occur; and, founding on this concession, the Assembly 1642 issued instructions to all the Presbyteries, in the first instance, to transmit these leets through the Synods to the Assembly, in order that its fiat might be given in the selection of presentees. Such were the views of the covenanted Assemblies on this subject. Yet much as they desired to possess this troublesome privilege, they did not prize it so highly as to sacrifice their clerical interests in its acquisition; for when Argyle offered to renounce all his patronages into the hands of the Church, provided they would relinquish all claims to augmentations of stipends in his parishes, the proposal was rejected.

It is impossible to doubt that, in all these unexampled proceedings, the Covenanters meant to intimate to the King their intentions to make common cause with their fellow-sympathizers in England; for they knew full well—and, if we are to give them credit for sincerity, they had declared their acquiescence in the stipulation—that the King had conceded Presbytery in Scotland upon the clear understanding that his doing so should not imply any intermeddling with Episcopacy in England; and his well known principles on that score, and uniform adherence to them, left no reason to expect that he would ever consent to this, save on the compulsitor of sheer force. Their proposals to that effect, therefore, were tantamount to a declaration that they would co-operate with the English agitators in forcing their favourite form of Church Government upon him and England; and it is to be regretted that an interference with the internal affairs of England—which was so entirely beyond the legitimate sphere of the Scottish Estates, and which ultimately led to the most calamitous consequences—was pressed with such inflexible pertinacity.[296]

Amidst all these longings after “unity and uniformity in both kingdoms,” however, in which these zealous men indulged, it is important to ascertain the state of feeling among themselves, after the time that they had obtained the ratification by the King and Estates in Scotland of all their Acts of Assembly, &c. We shall not take the accounts of Guthrie, Burnet, or other hostile chroniclers, nor the statements of more modern writers, whether Whig or Tory—for we cannot quite adopt all the views either of Mr Hume or Mr Malcolm Laing, the latter of whom informs us that the “pure and unmixed flame of liberty” which burned in the hearts of the Covenanters, “was fed and, at length, gradually contaminated by the spirit of religion,” and that “the limits of moderation and prudence were overstept by intolerant zeal—the distinguished attribute of an Established Church.”[297] We prefer the homely testimony of Baillie; and to those who, in our own times, talk of the period immediately subsequent to 1638, as “the golden age” of the Kirk, we commend the following passages for study:—

In one of his letters to his cousin Spang, referring to the doings of the Parliament 1641, he says—

““Good Mr Henderson all the time was very silent, and under misconstruction with the chief of his old friends, as if he had been too sparing of his Majesty in these dangerous occasions, and that in his sermons some sentences did fall from him prejudicial to the States proceedings.”—(Vol. i., p. 334.) ““There was a committee of our Estates appointed to attend the Parliament of England, not so much for the perfecting of our treaty, as to keep good correspondence in so needful a tyme. None of the former Commissioners were employed but Sir Arch. Johnston and Sir John Smith; for the most of all the rest were fallen in the countrys dislike, complying too much with the King. Certainly Dumfermline, Waughton, Sheriff of Teviotdale, Riccarton, Clerk of Dundee, tint all credit with the States.”—(P. 335.) He gives a sketch of the state of England thus:—“That country is in a most pitiful condition; no corner of it free from the evils of a civil war. Every shire, every city, many families divided in this quarrel; much blood and unusual spoil made by both where they prevail.”——(P. 355) “Our heartburnings increase, and with them our dangers.”—“We fear the two part of our nobility, and many of our gentry.”—(P. 355.) “The affairs of this Isle go as a ship exceedingly tossed in a dangerous sea.”—(P. 364.) And, referring to ecclesiastic matters, (p. 362,) he says—“The matter of our novations is worse than before.”—“The letter I procured to some of our Presbyteries was made use of, as I wrote to you, in our Provincial at Irvine. This did much exasperate the brethren who were patrons of that way, so that immediately Mr Gabriel Maxwell, by the consent of some others, did write, in five sheets of paper, a full treatise, in a very bitter and arrogant strain, against the three nocent ceremonies—Pater Noster, Gloria Patriæ, and kneeling in the pulpit—by a great rabble of arguments, both particular and general, which go far beyond these three particulars questioned, the unlawfulness of our church practice;” and then he proceeds with details of those polemics, which he winds up (p. 363) by saying, “I am doing all I can to set all instruments on work for the quenching of that fire.”

Such was the state of excitement in Scotland during the year 1642, while the civil war was raging in England. The Parliament of the latter having passed an ordinance for settling the militia in such hands as they should think fit, the King, on the 11th of June, issued his commissions of array; and, after hostilities had actually commenced, set up the royal standard at Nottingham, on the 22d of August, with great pomp and circumstance. We have already noticed the brotherly correspondence betwixt the Assembly of 1642 and the English Parliament; and the letter communicated a response through Maitland to the Commission of Assembly, on the 21st of September, for which it was ““glad and blessed God.”” Its purport was to the effect that they purposed calling an Assembly of learned and godly divines; and to insure co-operation in the war both of the pen and of swords, that reply intimated that Prelacy “is evil, and justly offensive and burdensome to the kingdome—a great impediment to reformation and the growth of religion—very prejudicial to the state and government of the kingdom—and that the same should be taken away.” But, with wary caution, they abstained from pledging themselves to the establishment of Presbytery.

The King, knowing full well that the Parliamentary leaders desired only the assistance of the Scotch to demolish the English hierarchy, wrote a letter to the Scotch Council (26th August) expressive of his anxiety to adopt all necessary reformation in the English Church, but assuring it that the Parliament had no intention to adopt Presbytery.

The Scotch Conservators, whom the Chancellor had appointed to meet, assembled on the 22d of September; and efforts were made, by Hamilton and others, to awaken a feeling of loyalty to the King, whose arms in various conflicts had been successful. An answer was sent, in which it was requested that the Queen, who was on the Continent, should return to Britain and exert her good offices as a mediatrix; and they pledged themselves that, should that mediation fail of success, they would support the throne. This declaration was signed by the most popular leaders—among others by Alexander Henderson. This favourable disposition was, however, soon counteracted; for the great body of the clergy, who had a morbid antipathy to Prelacy and a horror of Popery, (even in soldiers, whom the King had employed,) took the alarm, and the pulpits resounded with declamations on “the Kirk in danger,” which once more filled the populace with alarms. The English Parliament, whose military operations had hitherto been unpropitious in this conjuncture, sent down a Declaration to the people of Scotland, expatiating on the dangers to which religion was exposed, and entreating cordial support—(7th November;) and the King, apprehensive of the effects which might follow, sent a counter Declaration to the Council, which was convened on the 20th of December, to consider both Declarations. A struggle ensued. Argyle, who, for some time past, had been on amicable terms with Hamilton, broke off to the alarmists and joined the clerical party, insisting that both declarations should be published, or neither. This was resisted, on the ground that it was putting the English Parliament on a level with their own King, whose address it was their duty, as his Council, to communicate to his Scotch subjects; while, as regarded the Parliament’s Declaration, it was beyond their province to recognise or act upon it. From that moment, the chief men in the kingdom were openly divided into two parties in Scotland—the one for the King, and the other for the Parliament of England.

Whenever it was known that the Council had resolved to publish only the King’s Declaration, a new agitation arose, headed and excited by the clergy; and great multitudes of the alarmists resorted to Edinburgh in the beginning of January 1643. On the 6th of that month, a petition was got up, thus enforced, and presented to the Council, craving that the Parliament’s Declaration should also be published, and that the publication of the King’s should not be held to imply approval; and similar petitions were sent in from all quarters of the country. In order to counteract these movements, Traquair, and many of the most eminent nobility, and others, put in a “Cross Petition,” requesting the Council to take no steps prejudicial to the rights and privileges of the Crown, to keep in view the distinction betwixt civil and ecclesiastical power, and to avoid giving any pledges to the English Parliament, which might put the peace and religion of Scotland in jeopardy. This Cross Petition, though apparently most unexceptionable, and founded on sound constitutional principles, was not to the taste of the excited clergy, who not only refused to join in it, but exclaimed against “detestable neutrality,” and threatened all who signed it with eternal damnation. The Commission of the former Assembly, directing the popular torrent and swelling its force by their authority, transmitted a declaration against the Cross Petition to all Presbyteries, ordering it to be read from all pulpits, and enforced by the ministers. Overborne by these wide-spread clamours, the Council at length yielded, gave an evasive answer to the Cross Petition, and appointed Commissioners to mediate betwixt the King and his English Parliament—including in the number Mr Henderson and other clergymen. These Commissioners were instructed to desire from the King, uniformity of religion—that all Papists should be removed from his service—that he himself should renounce Episcopacy—and that a Parliament in Scotland should be called.

The exasperation thus created was increased by a feud betwixt Hamilton and Loudoun, about certain leases of teinds enjoyed by the latter; and the ferment excited by all these means was extreme.

These Commissioners went to Oxford immediately afterwards, (February,) when the first proposition submitted to the King was contained in a petition from the Commission of Assembly against Prelacy and Popery. Though enforced by the private advice of Loudoun, that the King’s acquiescence on this point would insure him the support of the Scotch nation, he refused to yield, and soon after published a formal answer to the application. Failing in this, the Commissioners urged their mediation, and that a Parliament in Scotland should be called, although, by an express act in 1641, the meeting of that Parliament was, with consent of all parties, postponed till 1644. The King declined to accede to either of these demands; and the Commissioners, after being refused permission to go to London, returned to Scotland, chagrined with the failure of their mission, and the coldness of their reception at the King’s Court.

The Scotch agitators, however, were not to be thus baulked in their designs. Having a complete ascendancy in all the executive departments—in the Council—in the Committee of Conservators—in the Commission for public burdens—a meeting of these three bodies was convened on the 10th of May 1643, at the instigation of the Assembly’s Standing Commission. It was then proposed that, in consequence of the warlike position on the English frontier, it was necessary to put the Border in a state of defence, and that for this purpose a Convention of the Estates should be called without the King’s previous sanction. This was opposed by Hamilton, the Lord Advocate, and others; but all legal objections were overborne, and the convention was summoned by the Chancellor for the 22d of June; an apology having, in the meantime, been sent to the King for this unwonted proceeding.

The meeting of the Convention was heralded through the country by a fast and political sermons. In order to quiet the scruples of many honest and loyal Presbyterians, a scheme was devised for this purpose, by getting up a Remonstrance from the Assembly’s Commission, setting forth the danger of the Church and nation. This Remonstrance pressed the Convention to make common cause with their English brethren; and although it did not expressly mention the employment of an armed force for the purpose, it was clearly implied that this, as on former occasions, should be the mode of supporting religion; with this difference, however, that, in 1639 and 1640, this had been done in their own national quarrel, whereas now it would be an intervention in the affairs of a foreign country. The Convention thus prompted and cheered on to the crusade by multitudes who had thronged to Edinburgh, resolved to arm the nation, and ordered troops forthwith to be levied. Before the deliberations of the Convention terminated, a messenger from the English Parliament arrived, and, with the characteristic policy of the times, intimated from it, that, in conformity with the communications to and from the last General Assembly, an Assembly of Divines was about to be convened at Westminster, for regulating the worship and polity to be introduced into the Church of England, and uniformity to be established in these matters in both Kingdoms.[298]

These were the preliminaries to the meeting of the General Assembly on the 2d of August 1643; and to the Acts of that Assembly we now refer for a full developement of the spirit which emanated from that body. The incidents of a political nature, and the sequences which followed it, will form the subject of our next introductory chapter.

In the foregoing pages, we have endeavoured to trace, with an unbiassed hand, a faithful picture of the ecclesiastical state of Scotland during a period of six eventful years. In the progress of the scenes which we have attempted feebly to delineate, we have marked the career of the Covenanters from the earlier virtuous and patriotic resistance which they made to lawless and arbitrary power on the part of the monarch, in which our honest judgment and our cordial sympathies were completely on their side.

We have now reached a new epoch in their history, which is of a more equivocal character, and which has been the subject of much controversy. On this ground, therefore, we deem it our duty to abstain from all remark or reflection, as altogether unsuited to the nature of our undertaking—leaving the documentary evidence which we present to make its own impressions on the reader’s mind. We shall thus avoid entangling ourselves in the mazes of party prejudice and contention in reference to “THE SOLEMNE LEAGUE AND COVENANT,”[299] without compromising our own views of the history of that period; and for this course we see abundant reason, when we consider some recent events in the movements of our Northern Church, which have produced a degree of excitement that is but little calculated to ensure a dispassionate consideration of the troubles in other times. Henceforward, therefore, our Introductory Notes shall be limited to a Chronological Index of events connected with the proceedings of the Church, in which it shall be our study to avoid everything that can by possibility disturb the nerves of the most fastidious partisans of any class of opinions.

THE PRINCIPALL ACTS OF THE GENERALL ASSEMBLY, CONVEENED AT EDINBURGH, AUGUST 2, 1643.

Sess. I. August 2, 1643.

_The King’s Letter to the Generall Assembly, presented by His Majesties Commissioner, Sir Thomas Hope of Craighall, Knight, His Majesties Advocate._

CHARLES R.

Trustie and wel-beloved, We greet you well. The time now approaching for the holding of the General Assembly of Our Kirk of Scotland, and We having appointed Sir Thomas Hope, Our Advocate, to be our Commissioner there, We thought good to present him there with these Our Letters, and to take this occasion to minde you of the duty which you owe to Us your Soveraigne, and to the peace of that Our Native Kingdome. How far We have lately extended Our grace and favour towards satisfaction of your humble desires, there is not any amongst you but may well remember: And therefore in this conjuncture of Our affairs, it is but reasonable that We expect from you such moderation in the dutifull proceedings of this Assembly, as may concurre with Our Princely inclinations and desires, to preserve that Kirk and that our Kingdom in peace; having wel observed that alterations in points of Religion, are often the inlets to civill dissentions, and the hazard, if not overthrow of both Kirk and Kingdomes. Therefore of Our great affection and speciall tendernesse to your peace (who, of all Our Dominions, are yet happie therein to the envy of others) We conjure and require you in the fear of God, and obedience of Us his Vicegerent, that your endeavours and consultations tend onely to preserve peace and quietnesse among you. And so We bid you farewell. Given at our Court at Oxford, the 22 day of July, 1643.

To our right trusty and welbeloved Counsellour, Sir Thomas Hope, Knight, Our Advocate Generall, and Our Commissioner at the Generall Assembly of the Kirk in Our Kingdome of Scotland, and to the rest of the said Assembly now conveened.

Sess. II. August 3, 1643.

Overtures anent Bills, References, and Appeales.

I. That all Bills whatsoever of particular concernment, whereunto all parties having interest are not cited, should be rejected.

II. That all Bills be first presented to the inferiour Judicatories of the Kirk, who may competently consider of them, and from them be orderly and gradatim brought to the Assembly, according to the order prescribed for Appellations in the Assembly of Edinburgh, 1639, in the 24 Sess. August 30.

III. That the said Act of Assembly 1639, anent Appellations, be also extended to References.

IV. In Appellations and References of particular concernment, if all parties having interest, have been present in the inferiour Judicatorie when the Appeal and Reference was made, then there is no necessitie of citation. But in case of their absence, citation of parties is so necessar, that if it be wanting, Appellations and References should not be received.

V. That conform to former Acts of Assemblies, Appellations post sententiam be made within ten dayes after the sentence, and otherwise not to be respected.

The Assembly ordaines thir Overtures to be given to the severall Committees for their direction.

Sess. III. August 4, 1643.

Act for election of Professours to be Commissioners to Assemblies by Presbyteries.

The Assembly thinks, if Professours of Divinitie in Universities be Ministers, that they may be chosen Commissioners to the Generall Assembly, either by the Presbyterie as Ministers, or by the Universitie as Professours of Divinitie.

Sess. IV. August 5, 1643.

The Petition of the distressed Professours in Ireland for Ministers.

To the reverend and honourable Moderatour and remanent Members of the Generall Assembly of Scotland, conveened at Edinburgh, Aug. 1643, The humble Petition of the distressed Christians in the North of Ireland,

Humbly sheweth,

That whereas you were pleased the last year to take notice of our Petition, and conceived so favourable an act in our behalf, from our hearts we blesse the Lord God of our fathers, who put such a thing as this in your heart, to begin in any sort to beautifie the house of the Lord amongst us: doubtlesse you have brought upon your selves the blessing of them who consider the poor; the Lord will certainly deliver you in the time of trouble. We trust no distance of place, no length of time, no pressure of affliction, yea, nor smiling of prosperity, shall delete out of our thankfull memories the humble acknowledgement of your so motherly care, in drawing out your breasts, yea, your souls to satisfie the hungrie; although we have been beaten with the sword, bitten with famine, our own wickednes correcting us, our back-slidings reproving us, yet we have not so farre forgotten the Lords ancient love, but that our hearts were brought to a little reviving in the midst of our bondage, by the Ministery of these, who at your direction made a short visit amongst us. We know you did not conceive it expedient at that time, to loose any for full settling here, till the waters of the bloudy inundation were somewhat abated, and probability might be of some comfortable abode, which we through the Lords revenging hand, pursuing our enemies, and the vigilancie of your victorious Army, is in a great measure attained unto. Whatsoever might have detained some of these whom ye directed to us, whose stay made our expectation prove abortive, we shall ascribe it to our own abuse of such treasure, and want of spirituall hunger, occasioned justly through the want of food; And yet that same dis-appointment, together with your faithfull promise of inlarging your indebted bountie, which is put upon record in all our hearts; hath made us conceive the seed of a lively expectation, that you will now no more put your bountie, and the means of our life, into the hazard of such frustrations, but will once for all, bestow an ample and enduring blessing. And of this we are so much the more confident, because our former suit was not denyed, but delayed: only we fear, if a new delay be procured, till all things be fully settled, that the observing of winde and clouds, shall hinder both sowing and reaping. And in the mean time, the Prelates and their Faction may step in and invest themselves of their old tyrannie over our consciences, who if they once shall see us possessed of our own Inheritance, those Canaanites dare not offer to thrust us out. By all appearance, if the Jesuites had any hope to finde welcome amongst us, they had provided us fully ere now with their poysoned plants. Our hearts abhorre the checking or suspecting of your proceedings, yet it is lawfull to learn sometime from our enemie: But in this you have begun before, not only to do, but also to be forward a year ago, and thereby have ingaged your selves to perfect your own beginnings, and bring us out of our orphan condition. We are fallen in your lap, this ruine must be under your hand; you cannot pretend want of bread or cloathing, you must be healers: We have chosen you Curators to your little young sister that wants breasts; there is none in earth to take her out of your hand, for we will not, nor cannot hide it from your Honours and Wisedomes, that we want bread, and must not only, as before, have a bit for our present need, but also seed to sow the Land.

It is therefore our humble and earnest desire, that you would yet again look on our former Petition, and your own obligatorie Act, and at least declare your consent, that a competent number of our own Ministers may be loosed to settle here, and break bread to the children that lye fainting at the head of all streets; which, although it may be accounted but a restoring of what we lost, and you have found, yet we shall esteem it as the most precious gift that earth can affoord. When they are so loosed, if they finde not all things concurring to clear Gods calling, it will be in their hand to forbear, and you have testified your bountie. But oh, for the Lords sake, do not kill our dying souls, by denying these our necessar desires. There are about twelve or fourteen waste congregations on this nearest coast, let us have at least a competent number that may erect Christs throne of discipline, and may help to bring in others, and then shall we sing, that the people who were left of the sword, have found grace in the wildernesse. We have sent these our brethren, Sir Robert Adair of Kinhilt, Knight, and William Mackenna of Belfast, merchant, to attend an answer from you, who have attained that happinesse to be lenders and not borrowers, and to present the heartie longing affections of

Your most obliged and more expecting brethren and servants.

Subscribed by very many hands.

Sess. VI. August 8, 1643.

Acts for subscribing the Covenant.

The Generall Assembly considering the good and pious advice of the Commissioners of the last Assembly, upon the 22 of September 1642, post meridiem, recommending to Presbyteries to have Copies of the Covenant to be subscribed by every Minister at his admission, doth therefore ratifie and approve the samine. And further ordaines, that the Covenant be reprinted, with this Ordinance prefixed thereto, and that every Synod, Presbyterie, and Paroch, have one of them bound in quarto, with some blank paper, whereupon every person may be obliged to subscribe: And that the Covenants of the Synod and Presbyterie be keeped by their Moderatours respective; of Universities by their Principalls, of Paroches by their Ministers, with all carefulnesse. And that particular account of obedience to this Act, be required hereafter in all visitations of Paroches, Universities, and Presbyteries, and in all trialls of Presbyteries and Synod books.

The Generall Assembly considering that the Act of the Assembly at Edinburgh 1639, August 30, injoyning all persons to subscribe the Covenant, under all Ecclesiasticall censure, hath not been obeyed: Therefore ordaines all Ministers to make intimation of the said Act in their Kirks, and thereafter to proceed with the censures of the Kirk against such as shall refuse to subscribe the Covenant. And that exact account be taken of every Ministers diligence hereintill by their Presbyteries and Synods, as they will answer to the Generall Assembly.

Sess. VII. August 9, 1643.

Act for searching Books tending to Separation.

The Generall Assembly considering the recommendation of the Commissioners of the late Assembly at S. Andrews upon the 12 of May last, to every Minister within their severall bounds, especially to Ministers upon the coasts, or where there is Harbourie and Ports, to try and search for all books tending to Separation: And finding the same most necessar, do therefore ordain that recommendation to have the strength of an ordinary Act of Assembly: And that every Minister be carefull to try and search if any such books be brought to this Countrey from beyond seas, and if any shall be found, to present the samine to Presbyteries, that some course may be taken to hinder the dispersing thereof: And earnestly recommend to the Civill Magistrates, to concurre with their authoritie in all things, for effectuall execution hereof.

* * * * *

Approbation of the proceedings of the Commissioners of the last Assembly.

The Generall Assembly having heard the report of the Committee appointed to consider the proceedings of the Commissioners of the late Assembly at S. Andrews; after mature deliberation, and serious consideration thereof, findes the whole Acts, Conclusions and Proceedings of the saids Commissioners, contained in a Book and Register, subscribed by Master Andrew Ker their Clerk, and by Master David Lindsay, Moderatour, and Master James Hamilton, Clerk to the said Committee, to declare much wisedome, diligence, vigilancie, and every way commendable zeal and fidelitie in doing and discharging every thing according to their Commission.

Sess. VIII. August 10, 1643.

Propositions given by the Commissioners of the Parliament of England to a Committee, to be presented by them to the Assembly.

We the Commissioners appointed by both Houses of the Parliament of England, desire your Lordships, and the rest of this reverend Committee, to represent to the reverend the General Assembly of the Church of Scotland, that we are commanded,

To acknowledge, with all thankfulnesse to God, their zeal for purging and reforming Religion, and care not only to prevent the grouth, but utterly to extirpate the Reliques of Popery: And also the great blessing of Almighty God upon their so constant and faithfull endeavours, thus far establishing them in truth and peace, together with their labour of love, to procure the like happinesse to our Church and Nation.

To give them an account of their earnest desire and endeavour to see the same Work promoted and perfected among our selves; which though it hath been opposed and retarded by the industrious malice of the Popish, Prelaticall, and malignant partie, yet through Gods goodnesse it hath so far prevailed, as to produce the removeall of the High Commission, the making void the coercive power of the Prelates and their Courts, The ejection of the Bishops from the House of Peers, The turning out of many scandalous Ministers; Besides that they have passed and presented to his Majestie diverse Bills, viz., For the suppressing of Innovations, For the more strict observation of the Lords Day, Against Pluralities and non-residencie, For the punishment of the scandalous Clergie, For the abolition of Episcopacie, and the calling an Assembly: The true Copies of which, we herewithall deliver. Which Bills, through the under-mining of the Papists, Prelates, and their party (the constant enemies of Reformation) have not yet obtained his Majesties Royall assent. And yet considering the urgent necessity of purging and settling the Church (as hath been often pressed and presented to the Parliament of England, by pious and frequent exhortations and Declarations from that reverent Assembly) they have been constrained by an Ordinance of both Houses, to call an Assembly of Divines, and others, now sitting, to consider and prepare what may conduce thereunto, which by the assistance of some godly and learned Divines sent from this Nation (as is earnestly desired) we hope may through the blessing of God, bring it to perfection.

And yet notwithstanding to let them know that by reason of the prevailing of the Papists, Prelaticall Faction, and other malignant enemies to this so much desired Reformation, (all of them being now in arms against the Parliament) these hopefull beginnings are likely, not onely to be rendred ineffectuall, but all the former evils, superstitions, and corruptions (which for the present, through the blessing of God, are in a good measure removed) to be re-introduced by strong hand, which if once they should take root again in the Church and Kingdome of England, will quickly spread their venome and infection into the neighbour Church and Kingdome of Scotland; the quarrell of the enemies of this Work being not so much against the persons of men, as the power of Godlinesse, and purity of Gods worship, wheresoever it is professed. Both Houses do therefore desire that reverent Assembly to lay seriously to heart the state and condition of their sister Church and Kingdome, and not only by their prayers to assist in these straits, but also by such seasonable and effectuall means as to them shall seem meet, to further and expedite the present aid and assistance demanded by both Houses.

And lastly to make known unto them, that we designed and sent by both Houses of Parliament, to the Generall Assembly of the Church of Scotland, to propound to them, and consult with them concerning such things as may conduce to our own Reformation, and our so much desired conjunction, with this Church, which they have more fully expressed in a Declaration of their own, which herewithall we present.

WILLIAM BOND, Secr. Commiss. August 10, 1643.

A Declaration of the Lords and Commons in the Parliament of England, to the Generall Assembly of the Church of Scotland.

The Lords and Commons in Parliament acknowledging with humble thankfulnesse to Almighty God, the disposer of hearts, the Christian zeal and love which the Generall Assembly of the Churches of Scotland, have manifested in their pious endeavours for the preservation of the true reformed Protestant Religion, from the subtle practices and attempts of the Popish and Prelaticall party, to the necessary Reformation of Church discipline and Government in this Kingdome, and the more near union of both Churches, do earnestly desire that reverend Assembly to take notice, that the two Houses of Parliament, fully concurring with them in these pious Intentions, for the better accomplishment thereof, have called an Assembly of diverse godly and learned Divines, and others of this Kingdome, unto the City of Westminster, who are now sitting and consulting about these matters. And likewise have nominated and appointed John Earle of Ruthland, Sir William Armine Baronet, Sir Henry Vane the younger, Knight, Thomas Hatcher and Henry Darley, Esquires, Committies and Commissioners of both Houses, to the Kingdome and States of Scotland, who beside their Instructions in matters concerning the Peace and Commonweal of both Kingdomes, have received Directions to resort to the Generall Assembly of the Church of Scotland, and propound and consult with them, or any Commissioners deputed by them, in all occasions which may further the so much desired Reformation in Ecclesiasticall matters in this Church and Kingdome, and a nearer conjunction betwixt both Churches. In performance whereof, Master Stephen Marshall, and Master Philip Nye, Ministers of Gods Word, and men of approved faithfulnesse and abilities in their Functions, both Members of this Assembly of Divines here congregated, and sitting, are appointed to assist and advise the same Committee in such things as shall concerne this Church. And the two Houses do hereby recommend the Committees and Divines afore-mentioned, to the reverend Assembly of the Church of Scotland, to be by them received with favour, and credited in those things, which they, or any three, or more of them shall propound to them.

It is likewise desired, that that reverend Assembly will according to their former promise and resolution, send to the Assembly here, such number of godly and learned Divines, as in their wisedome they think most expedient for the furtherance of this work, which so much concerns the honour of God, the prosperity and peace of the two Churches of England and Scotland; and which must needs have a great influence in procuring a more safe and prosperous condition to other reformed Churches abroad. And that their endeavours may be more effectuall, the two Houses do make this request to them, with their authority, advice, and exhortation, so far as bolongs to them, to stir up that Nation to send some competent Forces in aid of this Parliament and Kingdome, against the many Armies of the Popish and Prelaticall party, and their adherents, now in arms for the ruine and destruction of the reformed Religion, and all the Professours thereof. In all which they shall do that which will be pleasing to God, whose cause it is, and likewise safe and advantageous to their own Church and Kingdome, who cannot securely enjoy the great blessings of Religion, peace, and Libertie in that Kingdome, if this Church and Kingdome, by the prevailing violence of that partie, shall bee brought to ruine and destruction.

Jo. Browne, Cleric. Parliamentorum.

Henr. Elsynge, Cler. Parl. D. Com.

A Letter from some Brethren of the Ministerie in the Kirk of England to the Assembly.

REVEREND AND BELOVED,

The experience which we have had of your forwardnesse in receiving, and faithfulnesse in weighing our former addresses, hath given us abundant encouragement to take hold upon this present opportunitie of breathing out something of our sorrowes, which your love and our necessity, command us to represent to your consideration and compassion. Much we know we may commit to the wisedome and fidelity of our Brethren these messengers, to impart unto you concerning our miserable condition, and unto them shall leave the most. Your own Nationall, but specially Christian interest, will not permit you to hide your eyes from the bleeding condition of your poor distressed Brethren in England, should neither Letters nor Messengers be sent unto you; But Messengers coming, we should at once neglect our selves, should we not thus a little ease our burdened hearts, by pouring them out into your bosomes, and seem ungratefull to you, of whose readinesse to suffer with us, and do for us, we have had so great and ample testimonies.

Surely if ever a poor Nation were upon the edge of a most desperate precipice, if ever a poor Church were ready to be swallowed up by Satan and his Instruments, we are that Nation, we are that Church. And in both respects by so much the more miserable, by how much, we expected not a Preservation onely, but an augmentation also, of happinesse in the one, and glory in the other. We looked for Peace, but no good came, and for a time of healing, and behold trouble! Our GOD who in his former Judgements was a moth and rottenesse (and yet had of late begun to send us health and cure) is now turned into a Lion to us: and threatens to rend the very cawle of our hearts: from above he hath sent a fire into our bones, and it prevails against us; from our own bowels he hath called forth, and strengthened an adversarie against us, a generation of brutish hellish men, the rod of his anger, and the staff of his indignation, under whose cruelties we bleed, and if present mercy step not in, we die. Righteous art thou, O LORD, and just are all thy Judgements! But O the more then barbarous carriages of our enemies, where ever GOD gives any of his hidden ones up into their hands, we need not expresse it unto you, who knows the inveterate and deadly malice of the Antichristian faction against the members of our Lord Jesus. And it is well we need not expresse it unto you, for in truth we cannot. Your own thoughts may tell you better then any words of ours, what the mercie of Papists is, toward the Ministers and servants of our Lord Jesus Christ. But the Lord knows we are not troubled so much with their rage against us, or our own miseries and dangers; but that which breaks our hearts is, the danger we behold the Protestant Religion, and all the reformed Churches in at this time, through that too great and formidable strength the Popish faction is now arrived at. If our GOD will lay our bodies as the ground, and as the street under their foot, and poure out our blood as dust before their fury, the will of the Lord be done, might our bloud be a sacrifice to ransome the rest of the saints or Church of Christ from Antichristian fury, we would offer it up upon this service gladly. But we know their rage is insatiable, and will not be quenched with our blouds, immortall, and will not die with us, armed against us, not as men, but as Christians, but as Protestants, but as men desiring to reform our selves and to draw our selves and others yet nearer unto God. And if God gave us up to be devoured by this rage, it will take the more strength and courage (at least) to attempt the like against all the Protestant and reformed Churches. In a deeper sense of this extream danger, threatning us and you, and all the Churches then we can expresse, we have made this addresse unto you; in the bowels of our Lord Jesus Christ, humbly imploring your most fervent Prayers to the GOD that hears Prayers; who (should we judge by providences) seems to be angry with our Prayers (though we trust he doth but seem so, and though he kill us, yet will we trust in him) Oh, give us the brotherly aide of your re-inforced tears and prayers, that the blessings of truth and peace which our prayers alone have not obtained, yours conjoyned, may. And give us reverend and much honoured in our Lord your advices, what remains for us further to doe, for the making of our own and the Kingdomes peace with GOD. We have lien in the dust before him; we have poured our hearts in humiliation to him, we have in sincerity, endeavoured to reform our selves, and no lesse sincerely desired, studied, laboured the publick Reformation; Neverthelesse the Lord hath not yet turned himself from the fiercenesse of his anger. And be pleased to advise us further, what may be the happiest course for the uniting of the Protestant partie more firmly? that we may all serve GOD with one consent, and stand up against Anti-christ as one man, that our GOD who now hides himself from his people may return unto us, delight in us, scatter and subdue his and our enemies, and cause his face to shine upon us. The Lord prosper you and preserve us so, that the great work of these latter ages may be finished to his honour, and our own and the Churches happinesse through Christ Jesus.

Subscribed by very many hands.

Sess. IX. August 11, 1643.

Act against Burialls and hinging of Honours, &c. in Kirks.

The Generall Assembly considering the great abuse of burying within Kirks, wherein GODS publick worship is exercised, notwithstanding diverse Acts of this Kirk, prohibiting the same; And that through toleration thereof, other abuses in hinging of Pensils and Brods, affixing of Honours and Arms, and such like scandalous Monuments in the Kirk, hath crept in. Therefore for remedy hereof, do hereby ratifie and approve the former Acts and Constitutions made against burials in Kirks. And inhibites and discharges all persons of whatsoever qualitie, to bury any deceased person within the body of the Kirk, where the people meet for hearing of the Word, and administration of the Sacraments; And als inhibites them to hing Pensils or Brods, to affixe Honours or Arms, or to make any such like Monuments, to the honour or remembrance of any deceased person upon walls, or other places within the Kirk, where the publike worship of God is exercised, as said is.

Sess. X. August 12, 1643.

Act anent reposition of Ministers, deposed by Superiour Judicatories.

The Generall Assembly, considering that sentences of Superiour Judicatories of the Kirk should stand effectuall, while they be taken away by themselves, and that they should not be made void and ineffectuall by Inferiour Judicatories: Therefore discharges all Provinciall Assemblies to repone any Minister deposed by the Generall Assembly; and all Presbyteries to repone any Ministers deposed either by Generall or Provincial Assemblies; And declares and ordains, that all such sentences of reposition by these Inferiour Judicatories respective shall be null in themselves; and that the sentences of deposition by the Superiour Judicatories respective shall stand valid and effectuall notwithstanding thereof.

Sess. XI. August 14, 1643.

Act against Masters who have Servants that prophane the Lords day.

The Generall Assembly declares, that the Acts made against Salmond fishing upon the Sabbath, or against any other labour upon the Lords day, to be not only against servants who actually work: But also that the samine should be extended against masters, whose hired servants they are.

Sess. XII. August 15, 1643.

Act for preparing the Directorie for the worship of God.

The Assembly considering how convenient it is that all the Ministers of the particular Kirks within this Kingdome, in their administration, keep unity and uniformity in the substance and right ordering of all the parts of the publick worship of God, and that all the particular Kirks by the same unity and uniformity, testifie their unanimous consent against all schisme and division, unto which these times, through the working of Satan and his instruments, against the propagation of the Gospel of peace are so inclineable: Doth ordain, that a Directorie for divine worship, with all convenient diligence be framed and made ready in all the parts thereof, against the next Generall Assembly, to be held in the year 1644. And for this end that such as shall be nominate by this Assembly, shall immediately after the rising of the Assembly, set themselves apart (so far as may be) from their particular callings, and with all diligence and speed, go about this so publick, so pious, and so profitable a work. And when they have brought their endeavours and labours about this Directorie to an end, that it be put into the hands of the Commissioners of the Generall Assembly, to be revised, and thereafter by them sent in severall Copies to all the particular Synods to be held in April and May, that the samine being reported with their consent, or with their observations, notes, and animadversions to the Generall Assembly, it may in end, after their full triall and approbation, by order and authority from them be received, and practised by all the Ministers and particular Kirks. And for preserving of peace and brotherly unity, in the mean while, till the Directorie by universall consent of the whole Kirk be framed, finished, and concluded, The Assembly forbiddeth, under the pain of the censures of the Kirk, all disputation by word or writing, in private or publick, about different practices in such things, as have not been formerly determined by this Kirk, And all condemning one of another in such lawfull things as have been universally received, and by perpetuall custome practised by the most faithfull Ministers of the Gospell, and opposers of corruptions of this Kirk, since the first beginning of Reformation to these times. And doth exhort and command that all endeavour to keep the unity of the spirit, in the bond of peace, that all beginnings of Separation, all scandall and division, be by all means avoided; And that against envying, and strife, and faction, and glorying in men, every one go before another in the duties of love, and so fulfill the Law of Christ: That continuing in one spirit and one minde, and fighting together through the faith of the Gospell, we may mutually aide, strengthen and comfort one another in all Pastorall and Christian employments, better resist the common adversaries, edifie one another in the knowledge and fear of God, and the more acceptably, and with the greater blessing serve the Lord who hath done so great things for us.

Propositions from the English Commissioners presented this day to the Assembly.

We the Commissioners appointed by both Houses of the Parliament of England, being commanded by them (as we have already declared) to desire the reverend Assembly of Scotland, seriously to lay to heart the present Estate of their Sister Church and Kingdome of England, and not onely to assist with their Prayers in their straits, but also by such reasonable and effectuall means as to themselves shall seem meet to further and expedite the assistance now desired by both Houses from the Kingdome of Scotland, and a more strict union with them, Have thought fit in Pursuance of the commands received from both Houses of Parliament, to communicate to this Assembly the paper which to this purpose we have lately delivered to the Honourable Convention of Estates, in this Kingdome, that so this reverend Assembly might be the better enabled, to contribute their best assistance toward the furthering and expediting of the same. Wherein we assure our selves of their ready and willing affections, considering the great service they may do to God, and the great honour may redound to themselves in becoming the Instruments of a glorious Reformation, not onely through this Iland, but from thence possibly to be spread to other Churches now oppressed under the Antichristian bondage, and tyrannie of the Popish and prelaticall Faction. We will not say there lies any obligation upon this Church and Kingdome, to comply with the desires of the two Houses of Parliament; though we might call to minde that God by the hand of the Church and Kingdome of England, did once reach forth assistance and aid unto this Nation, and hath since used them as a help to that blessed Reformation it now enjoys. And who knoweth whether the wise providence of God hath not suffered this Church and Kingdome to be tempted thereby, to make them the more sensible of the present miseries of their brethren, and likewise given them a good issue, with the tentation, that they might be made a means of our deliverance? We shall not need to offer any grounds of prudence to invite them hereunto, who have already prevented us in the acknowledgement of what might be said of that kinde in the advice presented by the Commissioners of the Generall Assembly, July 6, 1643, unto the Convention of Estates, expressing as one remedie of the present dangers of this Church and Kingdome, their earnest desire of renewing the league and association with England, for the defence of Religion against the common enemie, and of further extending the same against Prelacie and Popish Ceremonies, for Uniformity in externall worship and Church-government. And we hope that the same God who hath put these desires into the hearts of both Kingdomes, will make use of this present opportunity to knit them both to himself and each other in a most strict and durable Union, and thereby the more firmly to establish truth and peace in both Nations. Howsoever this which we have done in discharge of our duty, will affoord the comfort of a good conscience in our greatest distresses, and give us ground to expect deliverance some way or other from the manifold wisedome and power of God, who though men and means fail, will not cast off his people, nor forsake his inheritance. We have onely this to adde further, that we are commanded by both Houses to let this reverend Assembly know that it is their earnest desire, that what other Propositions may be thought fit to be added and concluded by this Assembly, whereby the assistance and Union betwixt the two Nations, may be made more beneficiall and effectuall for the securing of Religion and Libertie, should be offered to us, and taken to our speedy consideration.

WILLIAM BOND, Secr. Com.

August 15, 1634.

The Paper before-mentioned, delivered August 12 to the Convention, and this day to the Assembly.

We the Commissioners appointed by both Houses of the Parliament of England, are by our instructions commanded to put their brethren of Scotland in minde that the Popish and Prelaticall Faction that began with them, about the year 1638 and 1639, and then intended to make way to the ruine of the Kingdome of England by theirs, have not abated any part of their malice toward the Nation and Church of Scotland, nor are at all departed from their designe of corrupting and altering Religion through the whole Iland, though they have inverted the manner of their proceeding, conceiving now that they have an easier way to destroy them, if they may first prevail over the Parliament and Kingdome of England. In which respect it is the desire of both Houses, that the two Nations may be strictly united, for their mutuall defence against the Papists and prelaticall Faction, and their adherents in both Kingdomes, and not to lay down arms till those their implacable enemies shall be dis-armed, and subjected to the authority and justice of Parliament in both Kingdomes respectively. And as an effectuall mean hereunto, they desire their brethren of Scotland, to raise a considerable force of Horse and Foot, for their aide and assistance, to be forthwith sent against the Papists, prelaticall Faction, and malignants now in arms in the Kingdome of England.

And for the better encouragement of the Kingdome of Scotland to this necessary and so much desired Union, we are by both Houses of Parliament authorized to assure their brethren, that if they shall be annoyed or endangered by any Force or Army, either from England or any other place, the Lords and Commons of England will assist them with a proportionable strength of Horse and Foot, to what their brethren shall now affoord them to be sent into Scotland for the defence of that Kingdome. And they will maintain a guard of Ships at their own charge upon the coast of Scotland, for the securing of that Kingdome, from the invasion of Irish Rebells or other enemies, during such time as the Scottish Army shall be employed in the defence of the Kingdome of England. And to the end that nothing might be wanting in the Parliament and Kingdome of England to facilitate this work (wherein the true reformed religion, not onely in these two Kingdomes, but throughout all Europe is so highly concerned; We are farther authorized to consider with their brethren the Estates and Kingdome of Scotland, of what other Articles or propositions are fit to be added and concluded, whereby this assistance and Union betwixt the two Nations may be made more beneficiall and effectuall for the security of Religion and Libertie in both Kingdomes.

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