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 8 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 8 of 10)

By this time the parliament was set. Never so many noblemen present in any of our parliaments; near fifty Earls and Lords. Among them were found but eight or nine for our way; Argyle, Eglinton, Cassils, Lothian, Arburthnot, Torphichen, Ross, Balmerino, Cupar, Burleigh, and sometimes the Chancellor and Balcarras. All the rest, with more than the half of the Barons, and almost the half of the Burgesses, especially the greater towns, Edinburgh, Perth, Dundee, Aberdeen, St Andrew’s, Linlithgow, ran in a string after Duke Hamilton’s vote. That party, besides the advantage of the number of two at least to one, had likewise the most of the ablest speakers. For us none did speak but Argyle and Wariston, and sometimes Cassils and Balmerino; but they had the Duke, the Treasurer, Lanerk, Lauderdale, Traquair, Glencairn, Cochran, Lee, all able spokesmen; yet the other party had the advantage of reputation, having from the beginning been constant in our cause: also all the assistance the church could make was for them. The first bickering was for our declaration. When, contrary to their minds, we had passed it, they were earnest it might not be published; but we had given orders, as ever had been our custom, to print it, even before we had communicated it to the parliament. They had divers purposes, either by persuasion or violence, to have kept it in; but we let it go out on Monday, and ordained it to be read on Sunday thereafter in all the kirks of Edinburgh, and about. That which hastened it out was our irritation by the Treasurer’s challenge of Argyle on the Monday morning; an unhappy accident, that was ready to have kindled the fire amongst us all, had not God prevented it. Argyle’s enemies had of a long time burdened him, among many slanders, with that of cowardice and cullionry. On the Friday afternoon in parliament, discoursing merrily with the Treasurer, he said, “He heard of a meeting whereat the Treasurer had been the other night.” Speaking a little of this purpose, he apprehended, that the Treasurer had said, not only that the best men of the kingdom had been at that meeting, but also, that himself was a better man than he. Upon this, Argyle goes out of the House in anger, and calls for Major Innes, who sat at both their feet, and heard their discourse, to know if he had heard the Treasurer say, that himself was a better man than Argyle. Innes did not avow the words; but being sent to the Treasurer from Argyle, to try if he had spoken so, he said, He would not account to Argyle what he said; but whatever it was, he would make it good with his sword. Upon this, Argyle desired him to appoint time and place; and on the Sunday, a publick fast-day, the Treasurer sent back word, after both sermons, that on Musselburgh links, at seven o’clock to-morrow morning, he should meet him, and bring a nobleman for a second. Innes, albeit no great friend to Argyle, not only offered himself to Argyle for a second, but told him, he would resent it as a wrong if he were not admitted; so Argyle, with no flesh but Innes, the Treasurer, and Lanerk his second, did meet. Incontinent all were missed, and many ran to all quarters to search for them; and, by God’s providence, before they began their plea, some fell on them, and made them part without a stroke. The council that night, with much ado, got them to a professed coldrife friendship. We had resolved in the commission of the church, to have made both before the congregation acknowledge their fault; so much the more, as Sinclair and David Lesly, Eglinton, and Glencairn, some days before; and some days after, Kenmuir and Cranston, had been on the like engagements; but other matters put that out of our heads.

The publishing of our printed declaration put some of the parliament on many hard thoughts of us; but the result of all was, the calling of six of us to confer with six of their great committee upon a state of a question. For them were, Lauderdale, Lanerk, Humbie, Lee, Archibald Sydserf, and Sir Alexander Wedderburn, with the Chancellor: For us, Mr David Calderwood, Mr D. Dickson, Mr G. Gillespie, Craighall, Libberton, I, with the moderator Mr Robert Douglas. They produced to us a draught of a declaration, penned with a great deal of deliberation, by the counsel of many, but especially by Lanerk’s pen. They had slandered us exceedingly, as opposite to all war with the English sectaries on any terms. To clear that mistake, I wrote, and put in divers hands, Lanerk’s among others, the paper which herewith I send you. Their draught did endeavour to give pretty good satisfaction to most of our doubts; yet after a day’s advisement, we found it so unsatisfactory, that themselves were content we should take it to our consideration to be corrected as we found expedient. Mr Gillespie and my Lord Wariston had drawn an oath of association, which pleased themselves well, but their opposites, extremely ill, and their best friends but so and so, when best corrected. In our draught we took so much of their declaration, and our friends oath of association, as we thought made a state of a question which should be satisfactory to all; and here, to my great joy, were we on the very nick of a cordial agreement: but behold a most unhappy accident, which did put us to, and yet has kept us in a discord almost irreconcileable. There was a great desire in the chief that were for an engagement, to seize on Berwick and Carlisle, both for the extreme great advantage of these places, and also to begin the war, for the encouraging of our friends abroad, and wakening our people at home. This they counted no wrong, nor invasion of England; their quarrel being only against the sectaries and their adherents, for vindicating of our covenant, for the rescue of the King, parliament, and oppressed covenanters. An indiction needed not against this enemy. The towns of England, for our passing and safe retreat in the prosecution of the common cause, ought to be patent. Yet the most of us were averse from this design, and had long kept it off. In a few days we found the parliament, two thirds for one, otherwise affected than we wished. So soon as it was constitute, there was an inclination to make a close committee for the greatest affairs. Six of every state were named. So long as their power was not determined, we were not startled; but so soon as they got an absolute power to do what was fitting for the safety of the kingdom, in relation to Berwick and Carlisle, incontinent all were alarmed. Six of the trustiest members of parliament protested against that vote. The protestation was not admitted; but the protestors thereafter kept themselves together; and albeit the least, yet they kept the reputation of the best part of the parliament. Privately and publickly we gave warning, that the passing of such a vote would break us irrecoverably; but we were believed too late. My Lord Callendar’s party were so furiously earnest to possess Berwick, and to begin action, that they threatened to desert Hamilton and his friends if they delayed the vote any longer; so it passed, notwithstanding our earnest intreaties, and our friends protestation to the contrary. The issue was, we refused to confer any more on the state of a question. The protestors confirmed their union. Many of the shires sent in to supplicate against all engagement, unless the kirk were satisfied in the state of a question. David Lesly, Holburn, with the rest of the officers, declared their resolution, not to move without our satisfaction. After some days contest, we found a great change. The Chancellor that had hitherto been too far for the engagers, offended with their unreasonable proceedings, came almost wholly off them to us his old and best friends. The chief of the Duke’s friends came to intreat us to accept all we could desire, to state the question according to our mind, to be assured to have such in our armies and committees as we liked, to give over the surprise of Berwick, and all acting by the close committee. These things, by the Treasurer and others, were offered to us, with many fair and earnest expressions. As yet we are not satisfied by words, and some of our leaders are likely never to be satisfied, and resolve to trust to nothing that their opposites can do or say, so long as this parliament, which they call unsound, is in being. The danger of this rigidity is like to be fatal to the King, to the whole isle, both churches and states. We mourn for it to God. Though it proceed from two or three men at most, yet it seems remediless. If we be kept from a present civil war, it is God, and not the wisdom of our most wise and best men, which will save us. I am more and more in the mind, that it were for the good of the world, that churchmen did meddle with ecclesiastick affairs only; that were they ever so able otherwise, they are unhappy statesmen; that as Erastianism is hurtful to the church, so an Episcopal papacy is unfortunate for the state. If no man were wiser than I am, we should not make many scruples to settle the throne, and pull down the sectaries. Never more high and dangerous questions in Scots hands. What the conclusion will be, a few days will declare.

While we are sticking in these labyrinths, one of our number, none of the most rigid, falls on the overture to propone the commission of the general assembly’s desires all together immediately to the parliament, wherein, if we got satisfaction, we were to go on as they desired us, to state a question. The motion was approven. This draught of eight articles, after some changes of it to the worse, was passed, and presented, in name of the commission of the church, by Mr Robert Blair, Mr Robert Ramsay, and I. For answer, the eighteen of their first great committee, with the addition of six more, twenty-four in all, the prime members of parliament, were appointed to confer with us on these our desires. The commission, to these seven who had met before with the subcommittee of parliament upon their declaration, added Mr Robert Blair and Mr Andrew Cant. On the Thursday, before noon, they went through the first five of our desires. All the sticking was on the fifth; wherein we pressed to have the malignants who should rise in arms by themselves declared enemies, as well as sectaries. This was contrary to the King’s agreement with some, and their intentions, who, without the help of malignants, made the work impossible. At last we carried the article. In the afternoon we had almost differed on the sixth, the King’s oath to consent to an act of parliament for injoining the solemn league before his restitution to the exercise of the royal power. We pressed him not to take the covenant; but whatever his conscience was, we conceived him bound to consent to the necessary laws of the kingdom. Thus his good-dame Queen Mary assented to the acts of parliament for the Reformed religion. This also did pass for the substance; only a committee was appointed to smooth some expressions about the King’s restitution. We had no power to recede from any word, and so would not be at any committee for changing any expression, but believed the commission of the kirk would not stick at words, if the matter were well secured. On the seventh article, for managing the war by constant hands, there was not much debate. We could here fall on no words which might not be granted, and yet little for our advantage; albeit this was the greatest of all our difficulties. Upon the constitution of the army depended all our human safety, hope, and security of whatever else was granted. It goes now so, that no trust remains to any words or oaths; except therefore force were in the hands of our friends, we resolved not to stir; and yet we could not crave any such particular, but had necessity to have it done one way or other. Some underhand did move to have the Duke General. Callender and his friends were careful to free us of this fear; for generally all but the Duke’s own followers doubted much the sincerity of his intentions, either for religion or the King; albeit I confess, whenever I heard him or his brother speak in earnest, they seemed to me to give ample satisfaction; but as yet they have not the fortune to be believed by many. Ochiltree’s business sticks still in the throats of some. Upon too great probability, Callender, by his own party, which is great, is wished General: but his inflexibility to serve against Montrose, upon the sense of private injuries, whereby indelible marks of disgrace were printed on the face of Scotland, and his very ambiguous proceedings in England at Hereford and elsewhere, make us that we dare not put our lives and religion in his hands. David Lesly and Holburn are more beloved by us. The old General, for all his infirmities, is acceptable; also Middleton, and the general of the artillery, will not be refused. In private we were assured these should be the general officers; but we will not be assured without sight, and our main difficulties will be upon the committees to govern the state and army in the intervals of the sessions of parliament. If herein they permit them whom we count trusty, to have full power, when they can carry what they will in parliament, it will be a great wonder; yet if in this we get not satisfaction, nothing else will satisfy. We expect little debate on the eighth article, to have an oath for all this; but herein we were peremptory, and hope to obtain. It was my wish, that only the parliament and officers of the army should swear, and that the body of the land should be put to no more oaths; but it seems this association must be no less sworn than our two former covenants. While thus far we had proceeded on Thursday, I thought we were as good as agreed; so I resolved to go home to-morrow; for the opening of our provincial synod lay on me as the last moderator; also a new very dangerous infection was broken up in Glasgow, and come to my very gates. Upon these reasons, after eight weeks stay, I got leave from the commission to return; albeit very hardly, for our business was not fully closed, and I had immediate access and trust with sundry of the most leading men, with whom I was esteemed to do no evil service; while others, by their way, did irritate more; also we had resolved to have reason of Mr W. Colvil and his followers for their great and dangerous insolency, not so much in their open contempt, neglecting to read our declaration, as in their sermons and private negotiations, both with noblemen and ministers, to frame a faction for dividing of our church, wherein the peremptory rigidity of some, the too great simplicity of others, and the evil talents of more, gave them the occasion to make too great progress; but having staid till I declared my sense abundantly against these men, and helped to bring them low, and put them in a way either to recant or to be censured, I came away on the Friday morning, and to my own house at night. The college was almost totally dissolved for fear of the plague. We are waiting on the Lord’s pleasure, what he will do with Glasgow, whether yet it may be spared from the plague, whereof I am not desperate; and what shall be the next act of the long tragedy among us.

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June 26, 1648.—REVEREND AND DEAR COUSIN,—Since my last, March 28th, I have heard nothing from you, nor long before. Our affairs since have had a great progress, but not an inch to the better. All appearance of any possibility to agree, daily does more and more evanish. A spirit of bitterness, jealousy, and mutual contempt, grows on all hands, and the stronger party is begun to persecute the weaker, and that evil is like much to increase quickly. The course of affairs may draw both beside any intention to do the worst of that which has been objected to either as their design. The sectaries and malignants may shortly divide the whole isle, to the great danger and hurt of the King and the honest Presbyterians in both kingdoms. Our storm is yet but waxing; we can make but small judgement of its end.

When I closed my last to you, as then I wrote, there was some good hope of concord, a pretty good answer was expected to our eight desires; but some unhappy men made all these hopes to flee away. The committee of twenty-four framed their answer, and got it passed in an act of parliament before it came to the commission of the kirk. They to whom the consideration of it was committed, looked so narrowly into every word of it, that they found snares in every other line, and not one of our eight desires satisfied. This much the commission represented in a new paper, added a new desire, to declare against the negative voice of the King, which the commissioners papers in England had so much pressed. This draught of Mr James Guthrie’s, in the absence of Mr G. Gillespie, was as ill taken when it came to the parliament as any other, and so was as good as laid aside, till in the large declaration they gave it an answer. In the mean time they put out the act of posture for setting all the kingdom in a defence against invasion; but in a few days came out the act of levy, which, incontinent, alarmed all. The first narrative was ill taken, a danger from the malignants that had taken Berwick and Carlisle. The world knew there was no danger to us from them, for they had been with us in Edinburgh, and their enterprise upon Berwick and Carlisle was generally believed not to have been undertaken without some of our privities. The act therefore, before publishing, was helped, grounding our levy on the danger from the army of sectaries, which these surprises would draw down on our borders; and in this there is like to be no false prophecy.

Here it was where our differences began first to be irreconcileable. We stood on the managers of the war as much as any one thing. The committees of shires, and crowners for the posture, were indifferent; but when it came to the levy, generally all the crowners of horse and foot were chosen as Duke Hamilton, and Callender liked. Our friends here got very little of their will; but the copestone was put upon our despair, when we found Hamilton and Callender, how much contrare soever one to another, yet at last, after their had been much speech and dealing of either to join with Argyle, and that, through whose fault I know not, had miscarried at last: I say, Hamilton and Callender did join too friendly to our prejudice, and that on these terms, beside others, that the Duke should be General, and the Earl his Lieutenant. Both of them to that time had been opposite to the employment of either; and so long as they had any hope of our compliance, both professed a great deal of willingness to continue the old general officers, without any change, and each offered to mar the employment of the other; but when they could not draw our friends to engage in any terms liking them, then peremptorily they struck hands, and went on without much more notice of us.

With threats and promises they moved old Lesly to lay down his place. For a long time we had hopes the army, which we had kept from dissolving, should have been firm to us; but Middleton spoiled that our hope. All the officers had joined in a supplication to the parliament backing the desires of the kirk. Had this been stood to, the designs of others had soon been broken; but Middleton, who long had shifted subscription, at last was willing to join, with an addition of a short postscript, of the subscribers willingness notwithstanding to obey all the parliament’s directions. This commentary did so enervate the text, that our friends persuaded the officers to lay aside their petition, as that which was profitable for nothing, being clearly emasculate by the postscript. From that day we lost the army. David Lesly, by much dealing of many, was made willing to keep his place; yet afterward he repented, and gave it over; and so did Holburn, and divers more of the most gallant of their officers, when they saw the church’s advice totally neglected.

These things did grieve much the spirits of many, and I believe few more deeply than my own, so that my health by grief for many days was impaired; yet by the importunity of many, I was (before fully recovered) drawn back again to Edinburgh. Then I found that matters totally were desperate. Lauderdale with grief, the Treasurer, with many tears, told me how sore against their hearts they went the way they were in, casting the blame on others, who yet assured me, for their parts, that they found never any truth in the fair general offers was made them, when it came to any particular. However, then the dice was cast, every side were engaged to go on in their own way.

The declaration, long and well studied, and penned most by Lanerk, in very plausible terms, was offered to us. We appointed a committee for it. It was my advice to be short in observing, and to pitch but on the main exceptions. On sundry we agreed, and what sum offered I got out of their own conceptions; yet being obliged to take physic, I was forced to keep my chamber ten days. In this interval Mr Gillespie, without much contradiction, got in his representation whatever either himself or W. or C. had collected, which made it tediously long, and in sundry things needlessly quarrelsome, and to come so late, that the parliament, after ten days waiting for it, at Lauderdale’s canker’d motion, commanded their declaration to go out without any more notice of what we had to say against it.

At this time a messenger went to the parliament of England with five demands, craving an answer peremptorily in fifteen days. That which they feared most was to engage in any treaty. This we ever pressed, but they thought it needless, since they quarrelled not with the parliament, but with the army and their adherents, with whom they were not obliged to treat, and lose the season of the English motions at home. The rumour of our war made a great stir in many parts both of England and Ireland, and put the parliament to alter much of their former way, to grant London their militia, the tour the guard of the parliament as before, the freedom of their imprisoned aldermen, the recalling of the eleven members to their places, the restoring the impeached Lords, the making Warwick admiral of the navy: the army also was forced to divide; Cromwell to Wales, where yet he is; Fairfax to the north; but in his march he was recalled to suppress the Kentishmen. The most of the shires were on their feet. Had not our unhappy discords marred our expedition; had we with a small army, with any unanimity, but appeared on the border in time, appearingly, without stroke, we might have got for the King, for our friends, for ourselves, what we pleased; but our fatal discords were as well known at London as at Edinburgh, so leisure is taken by Fairfax to quiet Kent and Essex, and by Cromwell to hold down Wales, and by others to keep in Cornwall. Lambert in Yorkshire had time to keep back Langdale from York and Lancashire, and great pains are taken to join the Presbyterians and the Independents against all the risers in the shires, and our army, as against malignants. If this conjunction go on, the King and our nation are in a hard taking.

In the meantime the parliament and commission proceed in their paper-differences. Their declaration and our representation are both printed. They go on to act, we to preach against the lawfulness of the engagement as it was stated. The rendezvouses are appointed for the shires against the 21st of May. Many presbyteries, synods, burghs, shires, gave in supplications the 1st of June, to delay the levy till the church got satisfaction. Our poor town still singular in that unhappiness, is made the first example of suffering. All of us the town-ministers went up to supplicate the Duke in Hamilton, in the name of the presbytery, to delay the lifting of our people till our supplications were answered by the parliament. I spoke oft, and at length, to his Grace and Excellency, as moderator of the presbytery. We got courteous and civil words enough; but deeds very bitter. Incontinent all our magistrates and town-council, that same night, were summoned to answer to the parliament, for not keeping with their men the rendezvous; a fault common to them with all their neighbour towns and shires, yea with the whole kingdom well near; yet they were all cast in the tolbooth, and kept there divers days; and because they professed scruple of conscience to further the levy, they were all deprived of their places, and a commission sent to the old council that before was removed, to elect new magistrates.

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But this not all our misery. Before this change, some regiments of horse and foot were sent to our town, with orders to quarter on no other but the magistrates, council, session, and their lovers. These orders were exerced with rigor. On the most religious people of our own town, huge burdens did fall. On some 10, on some 20, on others 30 soldiers, and more, did quarter; who, beside meat and drink, wine, and good cheer, and whatever they called for, did exact cruelly their daily pay, and much more. In ten days they cost a few honest, but mean people, 40,000 lb. besides plundering of these whom necessity forced to flee from their houses. Our loss and danger was not so great by James Graham.

No relief got we, but a greater mischief. Many yeomen in Clydesdale, upon fear to be levied by force, had fled from their houses to Loudon-hill, and there had met in a body of some hundred horse and foot. Sundry of the soldiers who had left the army, joined with them. Much speech began of a resistance in the west. Too many ministers, both east and west, were said to be for it, if there should appear a likelihood of a party. For myself, I was clear against all such thing: I thought we had neither a just cause nor a good authority for any such matter, and the farthest we might go was no more than suffering. While we are on these debates, Callender and Middleton come west on the Saturday the 10th June. About a fortnight before Argyle had met with Eglinton and Cassils at Irvine. This meeting gave a show to the talk of a resistance in the west. Fife also seemed to look that way: but it appears now well, that the named noblemen, whatever they met for, did conclude of no such thing; for Argyle went presently home to Inverary, and Eglinton declared himself willing to let his men be levied. However Callender made haste to make the west secure. The Clydesdale men came, on the Saturday, to Mauchline to communicate. That night Callender lay at Paisley. On Monday he made a rendezvous at Stewarton, of 16,000 good horse, and above 2,000 foot, at ten o’clock. From thence he marched to Mauchline, sending Middleton before him with 300 horse.

The noblemen and gentlemen of the shire of Ayr had sat late on the Saturday at a committee in Riccartoun: finding that Fife had yielded, that Argyle was far off and quiet, and Callender with an army in their bosom, they resolved to lay aside all thoughts of resistance, and of this advertised the people at Mauchline. They notwithstanding would not dissolve, but after the sermon in the morning of Monday, some 1200 horse and 800 foot with eight ministers go out to Mauchline muir; gentlemen or officers very few were among them. While they are about to chuse some, Middleton appears. They expected no enemy in haste, so they are amazed at the sight. The ministers went to Middleton, and capitulated for the safety of all, except the soldiers who had left their colours, whereof were 100 or 200. This written capitulation the ministers did carry to the people, and persuaded to their power their disbanding. The most of the men of Kyle and Cunningham were content to go, but the soldiers and Clydesdale men would needs fight. While they are more than an hour in this confused uncertainty, and sundry crying to fight, Middleton makes a few of his horse to charge; but the people presently fled. His soldiers abstained from killing, only a taking horse, arms, and purses. A troop of the people fleeing to a bridge, and missing the way, were forced to stand. They turned on the soldiers, and fought very stoutly. Here was the most of the slaughter; near forty fell: some say as many of the troopers as of the people. Middleton himself was sore put to it by a smith. He got some wounds; and confesses, had he not stabbed the smith, though not deadly, while he was bringing on him too great a stroke, he had undoubtedly killed him. Many of the people were wounded. By the time Callender and the army came up, the people were dispersed. They speak as if the Clydesdale horse were gone to Galloway, with a mind yet to fight; but I believe it not. There is indeed in our people a great animosity put in them, both by our preaching and discourse; also by the extreme great oppression of the soldiers; so that it fears me, if Lambert be come to Carlisle with fresh men, and have put Langdale in to the town, as they say, so soon as our army shall be entangled with the English, many of our people rise on their backs. To prevent this, they have passed a severe, and, as I think, an unjust and tyrannous act of parliament, to put all the subjects of the kingdom to subscribe their readiness with life and estate, to further the execution of the acts of this parliament, meaning, above all, the act of the levy, which the church has so much contradicted as unlawful; also to declare, that the execution of the acts of this parliament, are the most necessary and fittest means to remeid our troubles, and preserve religion; and that all who shall not subscribe this much, without delay, are justly to be holden enemies to the common cause, religion, and country. We think the best part of the land will never subscribe this, and so that all of us who refuse shall be at their mercy. If I be put to this subscription, as possibly I may shortly, I think I may once more come to you, and that to remain longer. A service to any of our regiments, or any company of English merchants, will be very welcome to me; which you will be thinking of; for however yet they let ministers alone, and I have as much favour as any other, yet I think our troubles may so increase, that I may be glad to be out of Scotland. It seems many of our people may incline to venture their lives, either alone or with the English army, if it come near, against them who now are employed. I am not for any such matter. For fear of sectaries, we have not joined with malignants. If we should join with sectaries, it would be to me abominable. We who resolve neither to join with malignants nor sectaries, may fall into great inconveniencies; but the Lord’s will be done.

Our approaching general assembly is like to be a dangerous one. The moderator’s task will be hard. I am in doubt if I shall be at his election. The last time I was near it. I am feared more for it now. I incline by absence to eschew it. You have here the posture of our affairs as now they stand. I think they shall be much worse before they amend.

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August 23, 1648.—How things go here since my last, I give you this account. So soon as the motion in the west was crushed, which now I find had proven a very high and dangerous commotion, had Callendar delayed but two or three days to see it, the Duke with diligence did draw his forces together to the border, both to ease the poor country of their free quarter and grievous oppression, as also to put Lambert from hazarding the regaining of Berwick and Carlisle. The leaguer lay long about Penrith and Appleby before the Irish troops, and foot regiments from the north came to him. At last they became a very considerable force; the greatest that went from Scotland since the beginning of these troubles, though far from the number, as I conceive, of 22,000 foot and 8,000 horse, which common report made them. Never an army was so great a charge to the country; the foot-soldier for his levy-money, cloaths, and arms, costing generally 100 lb. the horsemen 300 merks, and their free quarter being an unlimited plundering of many very good and pious people. Our state has now found, which scarcely could have been believed, that, contrary to the utmost endeavours of the church, and all their friends, they can raise and maintain an army, and do what they will at home and abroad. The wisdom of some of us has made that practick to pass, and the mystery of our weakness to be divulged much sooner than needed. Always what the end will be, a little time will try. They are now in Lancashire. Lambert has no force to look upon them. The trained bands of the shires join not with him. Cromwell, with the few he could bring with him from Pembroke castle, having marched mid-way, is forced to return to Wales, where the Lord Biron did raise a party so soon as he had left it. Fairfax is yet at Colchester. It seems the Houses, city, and committee of the shires, have of purpose withdrawn assistance, that Fairfax at Colchester, and Cromwell at Pembroke, should lie till their forces melt away, and become contemptible. If London permit the Prince to lie still in the Downs, and be master of their trade, it cannot but breed great altercations quickly. That the cursed army of sectaries should evanish in smoke, and their friends in the Houses, city, and country, be brought to their well-deserved ruin; that the King and his family should be at last in some nearness to be restored to their dignity and former condition, I am very glad: but my fear is great, that his restitution shall come by these hands, and be so ill prepared, that the glorious reformation we have suffered so much for, shall be much endangered, and the most that shall be obtained be but an Erastian weak Presbytery, with a toleration of Popery and Episcopacy at court, and of divers sects elsewhere. We, who might have been the chief instruments to have stopped this evil, are for the time so far at odds with our state, army, and King, that the despite which all three have at us is like to further much that evil in England, and draw it ere long on Scotland also; but the Lord can easily disappoint our fears. Our state, on pretence to attend the Prince, whom, by my Lord Lauderdale, according to the agreement at the Isle of Wight, they are inviting hither, but really to keep down insurrections of people in the west, are levying 1500 horse more. They suspect deadly, that the dissenters in parliament, with the help of the church, may raise the country, if their army were once deeply engaged or worsted in England. Of this I know no ground; but men who are conscious of occasioning much grief to many, fall in needless fear, and by the means of preventing, draw on their deservings. Our condition for the time is sad: The pestilence in Glasgow, Aberdeen, and Edinburgh also; the continuance of very intemperate rain upon the corns; the irreconcileable differences of church and state, looking towards a very great persecution of them who have been the best instruments both of church and state, are great signs of the wrath of God; especially the hearts of the body of the people being evidently hardened, and the minds likewise of the ministry diverted from pressing that humiliation and mourning which the times call for above all things else.

But, leaving the state, our general assembly sat down on Wednesday, July 12th. On the Saturday before, I had been tormented with a pain in my tooth, more vehemently than ever with any other pain. This put me from preaching on Sunday, and riding on the Monday. Thus far I was glad that I had a true excuse for my not appearing the first day in the assembly, whence I had resolved, however, to have been absent. Mr Robert Douglas and Mr Robert Blair preached at the fast. The assembly sat till near eight at night chusing their moderator. Every man’s addition of three to the moderator’s list, albeit an equitable and satisfactory way, yet it proves very longsome. Mr Robert Douglas named for his two, Mr Andrew Cant and Mr George Gillespie; the assembly added Mr David Dickson, Mr Robert Blair, and Mr John Smith. Many named me; but I was well away. Mr Blair was doubtless the meetest man; but because lately he had moderated, he got few votes. Mr Andrew Cant got two; Mr David Dickson none. It went betwixt Mr George Gillespie and Mr Jo. Smith. Mr George did much deprecate the burden; as he had great reason, both for his health’s sake, and other great reasons: yet he carried it.

The session on Thursday was spent on the nomination of the committees. In all prior assemblies, some few of us met the night before the assembly in Wariston’s chamber, with Argyle, the Chancellor, and some others of our chief and wisest friends, to consider about chusing the moderator, committees, and chief points of the assembly. This preparation was now necessarily omitted to our hurt. Argyle and the Chancellor were both absent in their own houses, to eschew the subscription of the bond of maintenance. Wariston did not appear, not only for that cause, but also lest he should have been pressed to have pleaded against the ministers; for the eight ministers present at Mauchline muir were summoned to answer as raisers of the tumult. Mr William Guthrie, Mr Matthew Mowat, and Mr Thomas Wylie, were dissuaded to appear. Mr Gabriel Maxwell, Mr John Nevo, Mr William Adair, Mr Alexander Blair, appeared, and under their hand protested, that, directly nor indirectly, they had persuaded the people to meet there that day. When for divers weeks they had been put off from day to day, they were at last dismissed to a new citation. Always the good advocate being resolved in his mind, if he had been put to it, to have pleaded for the ministers, and not against them, was, with much ado, moved by his friends to lurk for some time till the storm went over.

The want of these private preparatory meetings, which the moderator’s health permitted him not to attend, did make our assembly needlessly long, and very tedious; for besides that the moderator’s way of inquiring at so many before every voice, was not for dispatch, his unacquaintance with the affairs of the committees before they came to the face of the assembly, made the reports unripe and unadvised and so oft needful after much debate in the assembly, to be recommitted. The committee of prime importance was that of publick affairs. Upon this the prime men were put; but so mixed, that the far most part were of the most rigid dispositions. When Mr Robert Ramsay, and some others, were moved to be added to the moderator’s list of this committee, it was peremptorily refused, upon this pretence, that he was upon another committee. By this means, were got out of that meeting whoever the moderator pleased, and on it whom he would.

For examination of the proceedings of the late commission, Mr John Moncrieff, Mr John Row, and some who had not before been commissioners, were named. Upon the fear, that they who had corrupted the parliament, should have been alike active to have procured commissioners to our assembly conform to their minds, it was carefully provided, that in all presbyteries they should be chosen who were most zealous for the covenant, and for the proceedings of the commission of the kirk, and for the maintenance thereof: so this assembly did consist of such whose minds carried them most against the present engagement, which was the great and only question for the time. The ruling elders were, Cassils, Lothian, Balmerino, Coupar, Torphichen, Kirkcudbright, Angus, Creigh, Moncrieff, Netherpollock, &c. Southesk and Loure were also commissioners; but Loure appeared not, and Southesk finding himself put on a mean committee, appeared no more. The chief contest betwixt us and the committee of estates, was like to be about the work of this committee for the commission-book. They sent in Glencairn to desire us to delay to approve the proceedings thereof, till they had prepared their considerations against them. The custom of the assembly, according to prior acts, was to examine with the first, acts of the commission of the preceding assembly. The exceptions the state took at their proceedings were such as made their persons incapable to voice in the assembly till they were cleared. Now the men were a great and chief part of this assembly; also the matter in question, the engagement, was of a great concernment, and had for many months been in agitation betwixt the church and state; so that long time needed not to set down any thing concerning it. So soon, therefore, as the report of that committee was ready, it was thought meet, without longer delay than a night or two, to receive and vote it. All without a contrary vote was approven. This angered our statesmen, and made them see, that all hope to make the assembly divert from the way of the former commission, was desperate.

The first ten or twelve days we had but one session in the day, the afternoon being given to the committees to prepare work for the assembly. In our committee for publick affairs, at our first meeting, I found more work cut out, and put in other hands, than I well liked. I agreed we should go on as far as the commission of the church had done against the engagement; but I wished no farther progress; yet it was proponed, and carried, to make a new publick declaration against it; yea, to have a declaration to England for the same effect. The drawing of these was committed to a subcommittee of six, whereof I was glad to be none; but I was not content, when, to Mess. David Calderwood, Robert Ker, John Smith, were joined Mess. James Guthrie, John Livingston, John Maclelland, Robert Blair, and David Dickson, who were afterwards added; and I was required to be added, but peremptorily refused; for my mind was not very forward for the writs they were to draw.

Friday and Saturday were spent on trying the commissions. Those of the presbyteries of Dunse and Chirnside were rejected; the one had chosen Mr Samuel Douglas moderator, the same day that a complaint of him had come to them from the commission of the church, for his never appearing there but once, and that to dissent from the church’s declaration against the engagement. The other presbytery’s commission was rejected, because they had put in a ruling elder, who had entered a written protestation in the presbytery against the causes of the late fast, relating to the late engagement. The disaffection of these two presbyteries was much spoken of; therefore it was thought fit to appoint a visitation, consisting of the most zealous brethren of Edinburgh, Lothian, and the Merse, to cognosce and censure their carriage as they found cause. The like course was taken with the presbyteries of Stirling and Dunkeld. They had not been exact enough in trying the alledged malignancy of one of their number. This occasioned a visitation of them likewise. Mr Harry Guthrie, a very bold man, but in this and the late assemblies very quiet, gave in a petition against this course; but rather than to make din in vain, took it up again. In our committee we had, these days, some reasonings about the commissions from boroughs: none of us were much for the things but all for tolerating of them, for fear of offending the boroughs at this time; only the commission of Edinburgh was thought to be wrong; but none offered themselves for that town. The discord betwixt their magistrates and ministers was much more than I desired to see. Their spleen against one or two of their ministers was great. The wilfulness of some rash men to have Sir John Smith out of his place has cost us dear. Since they have got the magistracy of that town, who, to their power, have carried all things there to the mind of those whom we little affected, one of their great cares has been, to keep their kirks rather vacant, than to plant them with any whom they liked not. In chusing of ministers and commissioners they took a new way. Their commissioners for the assembly they named in their town-council; also, as patrons, they elected their ministers there. They were content to propone the men elected, to the session of that church where they were to serve, but to no other. Much debate there was with them in a committee appointed for that end; but the result was, that the commissioners elected in their council should have the consent of their great session, which is their six sessions joined; also the ministers whom, as patrons, they name in the council, shall have the consent of the six sessions before they be presented to the presbytery; and in regard of their neglect to supply their vacant places, now of a long time, the assembly did vote six, whom they recommended to the great session to chuse four of them, and to obtain their orderly transportations from the commission of the church. The men were, Mess. John Maclellan, George Hucheson, Hugh Mackell, James Ferguson, James Naesmith, and Robert Trail. All this has added to the town of Edinburgh’s offence, and is thought will not further the plantation of their vacant places.

One of the assembly’s committees I have ever been against, tho’ yet without fruit. The city of Edinburgh is supplied with the ablest men of the kingdom; their chief service should be in assembly time. The custom ever has been, that so long as the assembly sits, all these men are idle, and all their kirks must be provided by members of the assembly. This makes many weak and ill-accommodated country preachers fill these eminent places, at most considerable times. This made the pulpits of Edinburgh be provided for on the Sundays, and week thereafter, worse than needed.

On Monday always we have the forenoon free, because many go out on the Sunday to the churches about. That time I spent in a meeting with the universities, and got them to meet twice or thrice more, where we debated, and concluded the most part of the overtures, whereof you have here a double.

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The three or four next sessions were spent much of them in votes and debates upon papers betwixt us and the states. Glencairn and others presented to us a petition from the Duke and the army for ministers, which they seconded. Likewise they offered all the security for religion they were able: and for removing the present differences they required a conference with us. To all these they required a present answer; at least before we past on the trial, in order to the approbation of the commission’s books, against which they professed they had divers new exceptions. To all these we gave answers in writ. The proceedings of the commission were unanimously approven; a conference was appointed; eight ministers named, and some elders; the army’s letter was referred to our committee. The state neglected the conference, since we had approven the proceedings of the commission, and had resolved, that no security to religion was possible so long as the engagement did stand; only they met once for a fashion, and gave in a paper, craving scripture from us for the unlawfulness of the engagement, and our meddling with matters of war and peace. This paper was referred to our committee. In an afternoon some few of us met, and set down our scriptural grounds for both these points; but thought fit to put them in the declaration rather than in a several paper.

Mr R. Blair and Mr J. Smith were willing to draw the declaration, lest it should fall in Mr James Guthrie’s brisk hand. I obtested Mr Blair, that he would be careful of two things; one, to be full against the sectaries; another, to beware that his draught carried any thing which, directly or indirectly, might carry us to a resistance of the state. I knew, that the most of the leading men thought a resistance by arms to the ways in hand lawful enough, if the dissenters in parliament, or any considerable part of the kingdom, had courage and probable force to act; but it was my greatest care, that nothing might bear any such thing; and this I obtained to my great contentment. There were two points somewhat akin to this that I obtained also, but with much difficulty. Sundry at divers times moved to have it determined, if it was lawful to pay any monthly maintenance, since avowedly it was pressed for the use of the army, which was unlawful. I avowed the lawfulness of it, as of a tribute agreed upon by the state before this army was in being; and that Cæsar in conscience must have his tribute, let him employ it to what uses he thinks fit. Also, if this were refused, the excise, the portion of annualrents, and all other dues, which were employed for the service of the army, behoved to be denied; which could not but make the state to take it by force, and the people to fight against their spoilers. At last we agreed to lay the question aside. It was likewise much pressed, that such as had been active for the engagement should be kept from the holy table; and, as I did think, the design of some was to have our statesmen put under church-censures for their diligence in this engagement. My mind in this you have in a paper here by itself. I got it, by much speech and private dealing, carried according to my mind. But other things were carried over my head. It was moved, for the farther clearing of the wickedness of the war, to make a collection from the commissioners of all the presbyteries of the chief insolencies committed by the soldiers before they went from among us, and to put these in our declaration. I was willing they should be collected to be complained of both to church and state, and censured by both so severely as possible; but was averse to have them registrated, for the infamy of the very nation, into our publick declaration. In this I was not heard. Also, when it was pressed that ministers silent, who did not preach against the engagement, should for this be deposed, I wished, if men were modest, and otherwise offended not, that this fault might carry no more but a rebuke; but not only it was made deposition, but, by the motion of two or three men at most, it was carried against my mind, and of divers others, that the prior acts against deposed ministers for malignancy should be made more strait: 1. That none of them should be ever admitted to any church whence a man for malignancy was deposed; but also, that they should be kept from preaching till a general assembly did find them fit for a church; also, if after their deposition they meddled with any part of the stipend or glebe, it should be excommunication to them. It was pressed by some, that the not paying of the stipend to the next intrant, should be excommunication to the patrons or tenants, who, upon the act of parliament, paid it to him who was deposed for adhering to the state. This was hardly got avoided.

It was against the minds of sundry to make a declaration to England at all; but this behoved to be. I was feared for Mr James Guthrie his hand, and so I found I had reason. His draught was wanting of that which I thought was the chief thing it became us to say to them, if so we said any thing, a sharp complaint against the sectarian army, and the parliament’s negligence to perform their part of the covenant, which had brought on us all our present troubles: also it had some dangerous expressions, which I thought imported the rock I desired to evite, calling our state, “a faction; yea, the mixed multitude that came out of Egypt;” but the dissenters from the engagement, “the nation, and the Israel of God.” With very much ado I got these helped, some in the committee, and others in the face of the assembly.

I found the bent sail of the spirits of some so much on the engagement, that all things else were like to be neglected; therefore I pressed, that the doctrinals, as most proper for us, which the last general assembly had recommended to all the presbyteries, might be taken into consideration. I got in the Catechism, but no more. We passed this, both the Larger and the Shorter, as a part of uniformity; but we thought the Shorter too long, and too high for our common people and children, and so put it in Mr David Dickson’s hands, to draw it shorter and clearer. Of this he was careful, and presented us with a draught before the end of the assembly, which truly was very good and exact; but yet so high and long, that it was recommitted to Mr John Livingston, who purposed to remit it to the ministry of Edinburgh.

We had three things more of great concernment to have passed, and might easily have concluded them all, had not our time been worse spent, the Directory of government, the Theorems against Erastians, and the Psalms. The first, a very excellent and profitable piece, the fourth part of our uniformity, was shuffled by through the pertinacious opposition of Mr David Calderwood, and two or three with him. Four or five things we all agreed unto, except in that writ from our consent; but that which grieved Mr David was the matter of church-sessions, which he maintains to have no divine right in particular, but to be only as a committee from the presbytery, to execute those acts of jurisdiction which the presbytery thinks fit to commit thereto. Lest, in the end of the assembly, when many were gone, we should come to so grave a debate, or rather, lest at a time of our so great strife with the state, we should fall a jarring among ourselves, it was thought best to refer the whole writ to the next assembly. Upon the same grounds, the Theorems were also remitted. The Psalms were often revised, and sent to presbyteries. Had it not been for some who had more regard than needed to Mr Zachary Boyd’s Psalter, I think they had passed through in the end of the assembly; but these also, with almost all the references from the former assemblies, were remitted to the next.

One session, was spent in encouraging Mr David Calderwood to perfect his Church-history, and to consider Mr Andrew Ker for his good and great service to them. Both got a testimony of our favour, 800 lb. yearly for Mr David Calderwood, and 1000 lb. to Mr Andrew Ker, with a gratuity of 5,000 merks for bygones, were appointed by the assembly to be paid to them out of the church’s £500 Sterling pension; but we cannot, for any request, get one penny paid by the Treasurer, and have little hopes to get any more in haste.

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We were troubled with the opening of the mouths of deposed ministers. Poor Mr Patrick Hamilton, in the very nick when the assembly was to grant all his desires, was rejected by his own unhappiness. He had let fall out of his pocket a poem too invective against the church’s proceedings. This, by mere accident, had come into the hands of Mr Mungo Law, who gave it to Mr James Guthrie, who read it in the face of the assembly, to Mr Patrick’s confusion. Also when the assembly was to have at last, after three or four year’s refusal, shown favour to your old colleague Mr James Row, Mr Patrick Gillespie, and his own cousins, did so far mar him, upon tacit surmises, as, I suspect of small importance, that it is like he shall never be permitted to preach; yet honest John Gillon got permission to preach, and for this I confess I was forward; for the man, though he want letters, is very pious and well-gifted, and strong against all sectaries. The preparative is not dangerous, for I believe few in an age will fall to be in his case; and if many should, I would grant them the like favour, though some misinterpret it.

The assembly spent divers sessions, for small purpose, upon transportations. These I love daily worse. The most are evidently packed businesses, little for the credit either for the transporters or transported. Mr John Livingston, refused to Glasgow, and designed for Ireland by the late assembly, though earnestly suited by my Lord of Airds, and much stuck to by my Lord Cassils, who, for his respect, had made a constant stipend for his church, most out of his own rent, though his parishioners had not been cited, yet was, at my Lord Lothian’s suit, transported to Ancrum, where the benefice was great, and the way to Edinburgh short. D. Colvill, called by Edinburgh to the divinity profession, so willing to come as it became a wise and modest man, his colleagues willing to dismiss him; yet the private respects of a very few, made him to be fixed to his station, which I regretted. Mr George Hutcheson, orderly appointed by his presbytery to go to Ayr, yet he liking better to go to Burntisland or Edinburgh, than to join with Mr William Adair, and Mr William absenting himself when the action came in, was appointed to abide in his place.

I think the misorder of transportations will not be got helped, till some honest men peremptorily refuse to obey, which, I think, at last, some will do; especially since the falling of so many places is referred to the commission of the kirk, with a power almost arbitrary, to neglect all the rules before appointed by general assemblies for transportations. We were fashed with Patrick Lesly of Aberdeen. His intemperate zeal for the levy had made him overhale. Mr Andrew Cant gave in a foul libel against him. He gave in another against the ministers. It cost a committee very much diligence to get this matter accommodated; for it was manifest that Mr Andrew Cant could hardly live in Aberdeen, if this man were enraged; so for the ministers cause he was much spared, and that matter packed up as it might be. Some men are born, if not to raise, yet continually to live in a fire. We had some debate in our committee about conventicles. Some of them we had heard of in Edinburgh, in the characters of sectaries. Mr Robert Knox got them in to my great contentment; for I found some too sparing of them; and yet I fear how far in their own time they may extend their duty of mutual edification. The whole two weeks following were spent on these things. The most were fashed for the moderator’s want of dispatch, and too much sticking wilfully to his own sense.

Mr Robert Blair in the most, Mr Robert Ramsay in all, was of my mind. Mr Robert Douglas misliked some men’s carriage. The assembly of divines wrote to us a general letter. To this, Mr R. Blair’s answer was good and uncontroverted. The subscribing of the bond was much against all our minds; but an act was drawn up against it in my absence, which I much misliked; for it carried censure against the pressers of it. This directly aimed at our statesmen, the contrivers of it; but in the face of the assembly, I got it to be exponed only ad futura. Some of my neighbours before the assembly were so far in love with this subscription, that I was forced to write to them arguments against it, as you may see herewith. Though in some parts of the country the subscription go on, yet in the chief and most parts it is not required of any.——

—— Our assembly drove on to the end of the fifth week. Many, dwelling far off and superexpended, slid away. I suspected the moderator drew long of purpose, waiting for a letter from the parliament of England, which came not. We hear now the House of Commons past a declaration to us; but the Lords consented not to it. I did not love to have any correspondence with them now, but others loved it too well. Another motion in our committee I loved not, a letter to be written to the king. It was fathered on Mr James Hamilton; and the drawing of it put on him, though no commissioner. I knew there would be a heavier load laid by us on his Majesty than was expedient to be meddled with; also that we should not express such a sense of his unjust sufferings as the world would expect; and so I was earnest to let all alone; but the moderator carried it: and though the draught of that letter came never to our committee, but at the first was taken in to the Assembly, and some hours spent in the moderator’s publick correcting of it, yet the thing behoved to pass, and the wording of it to go to the commission. Many good overtures against the sins of the times did likewise pass. One of them I was feared for. It was, first, that all ministers conversing with malignants should be censured by presbyteries. This would have snared many; for the notion of the malignants now by the engagement, is extended to very many. I got it some way qualified, but not as it will be found needful.

That which some days in the end of the assembly troubled us, was, Mr Andrew Ramsay and Mr William Colvil’s process. Mr Andrew had, in preaching, often fallen out in divers impertinencies, and contradiction to his brethren: he had been oft admonished; but the man’s weakness and age, and divers who resorted to him, permitted him not much to amend. Not only he had spoken for the engagement; but in prejudice of our proceedings, and Presbyterian government itself. Much he denied; much was proven. He untimeously had fallen on an unhappy question, The magistrates power to remit blood. The general theses which he professed to maintain, “That the supreme magistrate, when the safety of the commonwealth does require, may dispense with the execution of justice against shedders of blood,” many of us declined to meddle with; but the moderator gladly would have had the assembly determining the negative expressly, which was eschewed; only the man for his doctrine and carriage was suspended till the next assembly. Mr William Colvill was referred to us only for his silence about the engagement. The man was generally too busy to countenance and encourage our statesmen in their way, and the chief mover of Mr Ramsay to his course; however, he himself walked very cannily. I was indeed offended at his malapert carriage in the commission of the church, and for it, albeit it was not libelled, I consented to his suspension; but it was against my mind that Dr Baron should have been censured for mere silence; yet it was carried.

One or two of your friends in our presbytery had been, for their silence and ambiguity about the engagement, referred to the assembly, had I not diverted and got that evil kept off them; for had they come before us, possibly they had never come off.

We appointed visitations for universities and hospitals, and put on them the sharpest men we had. Likely Edinburgh will not submit to have either universities or hospitals visited, though they have most need; and I pressed their visitation before any other; since, as yet, they have ever declined it.

The commissioners for uniformity with England were continued without change; only Lauderdale, to my grief, was justly omitted. I was scarce resolved to have seen him; yet my Lady Wariston sent me to him, as trusting in his friendship for her husband’s business. He told me, that, however, to his best knowledge, there was no design either on his place or person for the time; yet that he could not answer for what might be shortly, especially when in debate and discourse these things might escape him which might irritate them. The good Wariston, lest by his enemies, he might be brought in by violence, thought meet to retire to Kintyre, where, for the present, he passes his time with Argyle. Lauderdale continues kind to me, and regrets much the difference betwixt us; fears it become a fountain of great evils, either the overthrow of the design for the King against the sectaries, or the putting up of the malignant party so high, that they will hardly be got ruled; at best the making of the government of the church, as we exercise it, to be abhorred by all in England and abroad, and intolerable to our own state at home. I find the Treasurer in the same mind; but both of them fast enough, for ought I can see, to our covenant and persons, except to one or two whom they esteem the prime causes of this difference. In Mr William Colvill’s censure, Mr David Calderwood rashly had said, “he was the painfullest minister of Edinburgh.” This the Moderator exaggerated so far, as some spoke of his removal for censure. The moderator before had taken him up for his impertinencies indeed; yet too roughly, and more, as I thought, than became. After this rencounter, Mr David went home, and came no more to the assembly. At this I grieved; it may do harm.

The state, on the Friday before we rose, gave in a large paper of observations on our declaration. I take them to be Primrose their clerk’s draught. We appointed the commission to sit and answer them. They are but poor ones. That same day we renewed the commission of the church. There is too great a change of the persons, and too great addition of men who never have been members of any assembly; also their power is too much enlarged, even to process all who oppose their orders, as well as of the general assembly. I find divers in the mind, that if once our army in England had got any sensible success, our state are resolved totally to suppress the commission of the church, as a judicatory not yet established by law; and it is feared they will trouble the persons of some of us: but the Lord’s will be done. I think indeed the carriage of some is too high and peremptory; but if the state begin to trouble any of us with imprisonment, it will be a great ill of long and dangerous consequence.

On Saturday, August 12, we arose. In the morning I went away, desirous, after much toil, to be at home that night, unwilling to wait on the commission, to jangle more with the moderator. I was glad we had all ended in peace. The matter of this unhappy engagement I hope will not last, and so the ground of our difference with the state shall be removed. But new grounds of division may possibly arise, which may make our contentions greater.

THE

GENERAL ASSEMBLY,

AT EDINBURGH, 1649.

The mere perusal of the Acts of Assembly, 1648, supersedes the necessity of giving any particular description of its character. It approved of all the proceedings of its commission previous to its meeting, and superadded a great variety of declarations, warnings, and injunctions, couched in terms of defiance to the supreme authority of the State, by whose fiat alone it had its existence as an established church. It were a mere waste of time in this place to animadvert on these productions; but in the perilous state to which the Estates of the realm had reduced the kingdom, these proceedings dislocated and paralyzed the nation to such a degree, that it almost immediately after became an easy prey to the democratic levellers of England; and, before another year elapsed, they began to reap the bitter fruits of their infatuation, exemplified in their declarations of independence and supremacy.

Before, however, introducing the reader to the Acts of the Assembly of 1649—the last which the Kirk was permitted in a united and recognised form to hold for the space of forty-one years thereafter—it is necessary to advert to the political and military movements, both in Scotland and England, which intervened.

Immediately after the Scottish Commissioners entered into the engagement at the Isle of Wight for the deliverance of the King and country from the thraldom in which they were held by the English army and parliament, the Scottish nobles and gentry exerted themselves, as may be fairly inferred from the conduct of the Estates in the summer of 1648, as already recorded, in order to ensure success to their designs. But, unhappily, the elements of jealousy and disunion, which had been fermenting during the ten preceding years, and more especially the active hostility of a great portion of the clergy to the engagement, rendered these exertions in a great measure abortive. The nation—that is, the leading men, (for the great body of the people were in a state of abject vassalage to their lords and the clergy,) were, in this emergency, divided into three parties. The first consisted of the clergy and a few of the nobles, who would listen to no proposition for the King’s deliverance and restoration of the monarchy, except an unconditional submission, by him and all others, to the Solemn League and Covenant, and the Kirk as its administrators. Others were for liberating and restoring the King, without reference to ulterior arrangements. A third party were for combining that object with the maintenance of Presbytery and the Covenant in the mode adopted by the Estates in June, 1648. From among such heterogeneous materials, therefore, it was exceedingly difficult to create any one concentrated and united body such as should be able to rally and combine the energies of the kingdom in encountering the approaching struggle. Of the first class, Argyle may be regarded as the most prominent leader; and this party denounced the employment of any in the army, or in public office, who were not out-and-out for the League and Covenant. Of the second class were Traquair, Callender, and others, who again desired to include all who would promote the King’s cause; while Hamilton and his brother Lanerick, Lauderdale, and others, were disposed themselves to subscribe the Covenant, trusting to future modifications of its rigours, provided this sacrifice of their personal sentiments were conducive to the safety and honour of the King, and a cordial co-operation against his adversaries. And to this latter line of policy the great body of the gentry, and many of the clergy, were favourable; while Argyle’s party strained every nerve to defeat the coalition of parties on that basis, and held them up as intent on overturning entirely their kirk polity, if the engagement should prosper.

Amidst manifold difficulties, of which a very lively picture is given in Lanerick’s letters,[382] and other documents of the time, the levies for the army in Scotland were much retarded during the summer of 1648, by the speeches and intrigues of the clerical party,[383] by the want of money, and by the tremours generally awakened under such conflicting influences; but an important addition was made by the recall of a part of the Scottish troops, who were stationed in Ireland, and had continued there for some years. Of that army, above 2,000 foot and 1200 horse returned to Scotland. There had been great difficulty, too, in fixing on a generalissimo. Lord Leven and his brother David Leslie were generally desired, as their names and experience gave them a preference; and, although the latter had acquiesced in the common wish on this point, he afterwards declined. After much chaffering, Hamilton, as the leading nobleman of Scotland, was named to the chief command, although he had not hitherto given any proofs of possessing that military genius which inspires an army with assured confidence in its commander.

In addition to other embarrassments, there were differences of opinion among the Scottish leaders as to the time of making an effective movement of the army. Hamilton and Lanerick were for delay till their opponents at home were somewhat curbed, and their friends in England ready to co-operate by simultaneous demonstrations. But this was deemed inexpedient, as some English troops, under Lambert, were already advancing to the north of England; and, finally, it was resolved that there should be a general rendezvous of the Scottish army at Annan, on the 4th of July, 1648, just on the eve of the meeting of the General Assembly, whose anathemas against the Engagement, and all concerned in it, were fulminated, during the space of a whole month, in the capital of the kingdom.

About this time, and before the army was fully mustered, Loudoun, by whom the engagement had hitherto been zealously promoted, seceded from the cause; whether chagrined by any oversight of his pretensions to high command, or some other mixed motive, has not been sufficiently explained: and even before the army was collected at its rendezvous, Middleton and Urrey had a skirmish at Mauchline, in Ayrshire, with about 2000 rustic ultra-Covenanters, who, under the influence of the clergy, had assembled, with arms, on pretext of celebrating a communion. They were soon, however, dispersed by Callender, the second in command under Hamilton—sixty of the insurgents, and five officers, with some ministers, being taken prisoners. The peasants and clergy were released; the officers were condemned to death by a council of war, but were pardoned by Callender.[384]

At the day appointed, the army assembled; Colonel Lockhart having been previously stationed with some regiments of horse at Annan; Turner, with several regiments of infantry at Dumfries. Hamilton went from Edinburgh to Annan, accompanied by Callender, Middleton, and Baillie, with several regiments of horse and foot, and Turner joined them from Dumfries.

The army thus assembled is described as exceedingly ill appointed. Many of the regiments were not above half their regulated quota; not one in five of the infantry could handle pike or musket; and although the cavalry were the best mounted that had ever left Scotland, yet the troopers were raw and inexperienced, and there was not a single piece of artillery, while there was great want of ammunition, powder, and other necessaries.[385] The march from Annan was precipitated ere yet the army was properly organized, in consequence of movements in England.

Without entering into particulars of the march into England, and the skirmishes which took place with the English forces under Lambert, to whom Langdale, an English loyalist, was opposed, previous to the advance of the Scottish army, it is sufficient to note that it reached Crofton Hall, where it remained above a week, and proceeded successively to Penrith, Appleby, and Kirby-thore in Cumberland, where, in consequence of the inclemency of weather, it remained three weeks. During this progress, it had the advantage, in various conflicts, with Lambert, who retreated before Hamilton’s army. He waited for the rest of his forces, of which not above two-thirds had joined, and for the regiments from Ireland, under Monro, not yet arrived; and the whole amount of the Scottish army did not exceed 10,000 infantry and 4,000 cavalry.

The next movement was to Kendal, (where Monro saw Hamilton,) and thence to Hornby, where it was debated in council whether the further march should be to Yorkshire or Lancashire. The latter was preferred—and Langdale led the van. The main body of cavalry, advancing before the infantry for lack of forage, were commanded by Callender and Middleton, to Wigan, and the bulk of the army marched forward to Preston. On the 18th of August, (the day after the army was thus separated,) Callender got notice that Cromwell was about to form a junction with Lambert; and the day following, while the Scottish army and Langdale’s auxiliaries were in this dislocated position, a general engagement took place, the particulars of which it is needless to describe; but the balance of success, after a desultory and gallant though decisive struggle, was in favour of Cromwell, who took advantage of the absence of Monro’s corps, and the separation of the Scottish cavalry and infantry: in short, a retreat was resolved on—and, labouring under numerous privations and hardships, amid unwonted floods of rain, the infantry, under Baillie, were obliged to capitulate to Cromwell—a mutiny arose among the troops—and, finally, at Utoxater, on the 25th of August, the broken remnant capitulated—surrendering their arms and munitions; the Duke, and all his officers and soldiers, having assurance of their lives, and of being treated honourably and with military courtesy. But before the articles of surrender were returned, the Duke had been taken prisoner by Gray of Grobie’s corps, and was carried successively to Derby, Loughburgh, Leicester, and Ashby de la Zouch, where he was kept a prisoner, from the 28th of August till the beginning of December, when he was carried to Windsor. And thus terminated this ill-concerted and fatal expedition in support of the Engagement.[386]

This disastrous issue of the expedition into England, in which several thousands of the Scottish army were killed, taken prisoners, or perished of hardships by the inclemency of the season, was followed by an insurrection in Scotland, of the parties opposed to the engagement, who had been repressed by the overawing power of Hamilton’s army previous to its defeat. Of the whole army that had crossed the Border, Monro’s detachment alone remained entire. It had never, owing to the jealousies which so unhappily prevailed among the nobles and officers in command, been incorporated with the main army, but remained detached in Cumberland; and, after the Duke’s defeat at Preston, Monro retired on Scotland, to which some fragments of the shattered army fought and found its way in a very broken condition. The rout of the expedition was received by what may most appropriately be called the Kirk party, with the highest exultation, and was hailed as an infallible token of the divine wrath against the engagement, and at a heaven-sent commemoration of the Covenant. Forthwith, on the earliest tidings reaching them, Loudoun, the chancellor, who had concerted and co-operated zealously in its promotion, but who had seen meet to desert it in time of need, and Eglinton, stirred up the people of the western counties; and the ministers speedily appeared in the field, leading up whole parishes with such arms as they could procure; and when these were wanting, pitchforks, scythes, and other such weapons were substituted. Loudoun issued the orders for these levies; Eglinton was their first commander; and Argyle made all haste to bring up his Highlanders to the Whigamore[387] host; for this was the occasion on which that distinctive appellation was used, of a party which still subsists, although in later times it has undergone prodigious transformations. Cassillis was one of those who had dissented in Parliament from the engagement and expedition, and he had some scruples at first about the lawfulness of this raid; but, ultimately, he joined some of the other western lords at Linlithgow, with his followers.

The defeat of the expedition, and the insurrection in the west, filled the Committee of Estates at Edinburgh with dismay and perplexity. Many of them were not very eager in the cause—all of them were anxious to save their estates from probable confiscation—and many were threatened by the ministers with excommunication. Under the influence, therefore, of terror, selfishness, and ghostly intimidation, their hearts sunk within them, more especially as the clergy threatened to call in the schismatic English army to their aid; and, after some hesitation, the greater number of them agreed to relinquish all attempts at resistance, and dispatched the Lairds of Lee and Humbie to the western insurgents, then advanced as far as Hamilton, on their way to the capital, with proposals for a cessation of arms, and to learn their demands with a view to a treaty. From the reproach of temporizing and cowardice, to which this committee was justly obnoxious, Lord Lanerick must be exempted. He strenuously urged fidelity to their engagement and the trust reposed in them; but all in vain; and, yielding to the torrent, he survived this manifestation of imbecility among his colleagues, to establish, on a future occasion, his claims to honour, to loyalty, and to patriotism, by perishing, sword in hand, on the battle-field, as his brother did on the scaffold—thus sealing, by the sacrifice of their fortunes and by their blood, their entire devotion to their King and country.

Monro, with his detachment, having, after the battle of Preston, marched towards the east coast, reached Berwick, where he received notice, from the Committee of Estates, of the insurrection in the west, and orders to join them at Colbrandspath; and these they issued after having resolved to abandon the engagement. He marched to Colbrandspath, but found not there the promised meeting; and after waiting a day or two, he received fresh orders to advance to Haddington, where Lanerick, Crawfurd, and Glencairn met him with some troops that had escaped from the fight of Preston. On a master of all the forces at Gladsmuir, they were found to be about 3,000 horse and 2,000 infantry. By this time the whigamores had carried their raid as far as Edinburgh, whence the Committee of Estates had fled; and, when Monro’s force had advanced to Musselburgh, they descried some hundreds of the whig troopers who bad been sent to that neighbourhood to reconnoitre, but who retreated after losing a few prisoners taken at the bridge.

The whigamores were organized in and about Edinburgh, under old Leven and David Leslie. Monro offered to drive them out, but the majority of the committee overruled this course; while, on the other hand, the ministers and insurgent lords urged an attack on Monro, which the experienced old soldiers in command resisted, as perilous with such raw levies; and, in the meantime, Lee and Humbie were busied in negotiations betwixt the two parties, but without effect.

From Inveresk, the Committee of Estates, such as it was, under the protection of Monro’s band, marched westward by the eastern acclivity of the Pentland Hills, Collington, Corstorphine, and so on towards Linlithgow—the object being to intercept some of the whig levies from the west under Cassillis, Kirkcudbright, and Argyle, and ultimately to establish themselves in Stirling, as a central rallying point suitable for maintaining their army and receiving auxiliaries from the northern shires, not yet compromised or overborne by whig ascendency. Cassillis, with some hundred horse, was almost surprised by Monro’s advance, but, in the darkness of the night, escaped by Borrowstounness, and afterwards through Queensferry to Edinburgh. David Leslie followed in Monro’s rear, but did not venture an attack; and Monro would willingly have turned upon him, but was anxious to push on to Stirling. At Larbert, he learned that Argyle, with a troop of horse and a thousand foot, was in the town of Stirling, with a committee of his party, endeavouring, by treaty, to get possession of the castle, which was garrisoned by the King’s troops; and, as the port of the town was shut and manned, he was obliged to go round the castle, in order to secure the bridge, and prevent Argyle’s retreat before he could reach him. On Monro’s advance, the royal standard was hoisted, and the guns from the castle began to play on some of Argyle’s party who were retiring alongst it; but Monro, with a few of his men advancing, and the rest following rapidly, about a hundred were either killed or drowned in the river, and betwixt eight and nine hundred taken prisoners; Argyle himself, as was his wont, making his escape.

The Committee of Estates at Stirling, on this success, issued orders for raising all the fencible men in the northern shires; and Lanerick went to Perthshire to unite the nobility and gentry there; but very speedily the divisions and sinister objects of the leading men, which have so often proved ruinous to Scotland, did their work; and the craven and slippery members of the committee began to listen to propositions from the whig leaders and clergy. Distraction of councils neutralized effectually all opposition to the treacherous machinations of Argyle and his associates. That nobleman, mortified and excited by his late defeat at Stirling, having joined the whigamores in Edinburgh after his escape, prompted measures equally vindictive and treacherous to his native country; and, with the sanction of his allies, he, Lord Elcho, and two other commissioners, went to Berwick with an invitation to Cromwell to join “the honest party” (as they called themselves) at Edinburgh with his army—an invitation which, it is no ways surprising, was most cordially accepted. In these circumstances, and pending the progress of the negotiations betwixt the leaders on both sides, Monro and his officers saw the necessity of negotiating for their own safety, and (18th September) sent articles to the whig headquarters at Edinburgh, which ended in a treaty that the Irish troops should be allowed to have free passage to Ireland; that none should be questioned for what was past, but that all who had been in the Engagement should lay down their offices and places of trust, and not be allowed to sit in any judicatory; and that all public matters should be referred to the determination of the Parliament and General Assembly. And thus was dissolved and dissipated the last show of lawful authority in the Committee of Estates, and the last fragment of the host which went forth under the warrant of the Scottish Parliament for maintaining the ancient monarchy of the country in the person of King Charles I., and for vindicating the independence of that parliament and the kingdom.

The bad faith of the whigs was fully illustrated in a very brief time; for, instead of abiding by this treaty, the troops, who separated in reliance on it, were no sooner dispersed than it was violated. Those of them who were to go to Ireland were attacked on their march betwixt Glasgow and Ayr, and plundered, abused, and scattered; and within a very few days, a proclamation was issued at Edinburgh, commanding all persons who had been in the army in support of the “unlawful Engagement,” (an enterprise undertaken under the authority, be it remembered, of the King and Parliament,) to remove at least twelve miles from town, under pain of imprisonment, Cromwell being on his way thither.

Having thus possessed themselves of power, the whig leaders constituted themselves into a Committee of Estates, without the shadow of any legitimate warrant. Some of them had indeed been named on the committee, but being protesters against the Engagement, it was with an express proviso that they should not be capable of acting until they owned the Resolutions and Declarations of Parliament. Disregarding this condition, however, these insurgent leaders arrogated to themselves the supreme authority, pretending they were appointed by that very act of the States which actually debarred them; and, as the best proof that could be adduced of the principles by which they were governed, we insert, among the annexed documents, the instructions given to their commissioners sent to the English Parliament.[388]

From that humiliating record of national prostration we are constrained to turn and advert to some of its accompaniments.

On the 22d of September, “the Marquiss of Argyle, the Lord Elcoe, Sir John Scot, and others, came as Commissioners from the honest party in Scotland to the Lord of Mordington’s house at Mordington, to the Lieutenant-General’s [Cromwell’s] quarters, two miles from Berwick, within Scotland.” “The Lords day, Argyle sent in to desire the Governour himself to come forth,” the town being still held by a Scottish garrison; “and the Lords day, at night, Colonel Pride possessed himself of Tweedmouth;” and, next morning, tidings reached Mordington that treaties were in progress for disbanding all the Scottish armies—that Argyle had taken 10,000 arms which had arrived from Denmark for the Duke of Hamilton—and that the “honest party” in Scotland had coalesced completely with the “godly party” of England, whom hitherto they had abhorred as heretics and schismatics. On the 2d of October, Cromwell writes that Berwick and Carlisle were delivered up to him; and the terms of compromise agreed on betwixt him and the Scottish deputies, stand on record: that all the Scottish armies should be disbanded—that the affairs of religion in the three kingdoms should be settled by the General Assembly—all civil questions by a Parliament in January following—and that from that Parliament should be excluded every man who had been accessary to the late engagement; and, moreover, that though life and property should be spared from forfeiture, this should only be to those who, before the 10th of October, accepted and submitted to that agreement.[389] Cromwell was met by Lord Kirkcudbright and General Holburn at Seaton, (his headquarters,) as a deputation from the Committee of Estates. They accompanied him to Edinburgh, where he was lodged in the Earl of Moray’s house in the Canongate, and a guard of honour appointed to protect him. Loudoun, Leven, Argyle, Cassillis, Burley, General David Leslie, and Wariston, paid him homage, when he “did demand that, to prevent the reviving or re-inforcement of their late Engagement and invasion, none that had been in action therein, or accessary thereto, might henceforward be employed in any public place of trust whatsoever.” Two days after, “the same persons brought back from the Committee of Estates a very satisfactory answer, giving assurance, in name of the kingdom of Scotland, that accordingly none should be employed, with this addition only—without the consent of the kingdom of England—which the honest party thought to be the surest lay and bar against the malignants creeping in any more. Several select ministers also came from the Commissioners of the Kirk, both to congratulate and discuss for mutual satisfaction.”—“The Lord Provost, and several eminent citizens performed a visit also, and old Sir William Dick, in the name of the rest, made a great oration.”—“Our entertainment, during our abode at Edinburgh, was taken care of and defrayed by the Lord Provost, by order of the Committee of Estates; and, when we were about to come away, [11th October,] several coaches were sent to bring up the Lieut.-General Leven, Sir Arthur Haselrig and the rest of the officers to Edinburgh Castle, where was provided a very sumptuous banquet—the Lord General Leven, the Lord Marquiss of Argile, and divers other Lords being present to grace the entertainment. At our departure, many pieces of ordinance, and a volley of small shot, was given us from the castle, and we convoyed by some Lords without the city, where we parted.”[390]

These particulars are sufficient for exemplifying the state of national degradation to which Scotland was thus reduced, when some of the proudest of her nobles thus bowed the knee to a hypocritical alien and dictator, and when the champions of Covenanted Presbytery offered up incense to the leader of that band of armed schismatics against whom they had fiercely and often fulminated all the thunders of reprobation. We make no comments, but have stated the facts from the most unquestionable authority, to which we now make reference. Thus did Scotland prostitute the motto and emblem of her national independence, and cast away her sword and her shield of defence.

In the foregoing narrative, it has been our endeavour, for the sake of distinctness, to confine it almost exclusively to the transactions in Scotland; but the affairs of the two kingdoms were at that time so much interwoven, that it is necessary also to take a cursory glance at the more remarkable occurrences in England during the period to which our attention is confined, inasmuch as these had a most important bearing and effect on the kingdom and church of Scotland. We must, therefore, revert to the position of England at and subsequently to the month of July, 1648.

Simultaneously with the progress of the engagement in Scotland, and indeed prematurely and before the Estates of Scotland had fully matured their plans and organized their army, a great variety of insurrections arose in England, adverse to the despotism of the parliament, which was but the slave of the army. The first who declared themselves were three Presbyterian officers in Wales—Langhorne, Poyer, and Powel—who commanded troops in Wales. In Kent, the Earl of Norwich headed another muster; while in Essex, Lord Capel and others; Lord Holland in Surrey; Langdale and Musgrave were in arms at Berwick and Carlisle; and Maurice seized Pontefract Castle in Yorkshire. And, to add to the embarrassments of the ruling power, the crews of seventeen ships of war, stationed in the mouth of the Thames, declared for the King. Having turned the Admiral ashore, they proceeded to Holland, where they put themselves under command of the Prince, (afterwards Charles II.;) and, subsequently, appeared on the coast of England, to aid in the general movement. Undismayed, however, by these threatening appearances, the cabal of statesmen and soldiers, who had already triumphed over powerful armies commanded by the King and many able officers, prepared for a vigorous struggle. The Parliamentary army, being an establishment of 26,000 men, was speedily recruited to double the number, and, ere long, distributed in the quarters where danger was most imminent. Colonel Horton, followed by Cromwell, attacked and defeated the royalists in Wales; Lambert was opposed to Langdale and Musgrave in the north; Livesey defeated Holland and took him prisoner; and Fairfax gained advantages in Essex; the parliamentary army thus baffling their antagonists at all points, and meeting with a greater or less degree of success.

The army being thus withdrawn from the metropolis and its vicinity, the Parliament was freed from the pressure by which it had been borne down, and resumed something of its wonted energy. Those who had been ejected at the instigation of the army, or had fled from its menaces, returned and restored the ascendancy of the Presbyterian party; and various votes, by which members had been expelled and addresses to the King prohibited, were rescinded—all of which terminated in a new deputation of Lords and Commons to negotiate of new with the King, at Newport, in the Isle of Wight. This negotiation was opened on the 18th of September, 1648, when his Majesty’s altered appearance, under the pressure of his misfortunes and captivity, touched the feelings of his visiters. It is needless to recapitulate the topics of negotiation, which were merely a repetition of those that have already been so often stated; but, in rigorous bondage—under the control of a power which he could not resist—he virtually yielded up to the demands of a usurping Parliament all the prerogatives of the monarchy; yet he would not consent that those who had fought and suffered in his service should be delivered up to merciless vengeance, nor would he renounce his religious faith.

We have read many solemn homilies on the insincerity evinced by Charles I. in this and other treaties with the English Parliament, and his name has been often blackened, because, while engaged in those treaties, his friends rose in arms in his cause, and he contemplated an escape from the hands of his oppressors. These, with all deference to high names, appear to be a mere waste of words and of affected morality.

In the first place, none of the treaties, so far as we can discover, ever were fully completed by the entire acquiescence of all parties pretending to have a concern in the matter; and his Majesty’s concessions, however lavish, were, ever and anon, declared “unsatisfactory;” so that a treaty, not completed, could not be deemed binding in diplomacy or in morality. Besides, it is a maxim, we believe, in the law of nations, that any obligation extorted from an individual in durance, vi et metu, is essentially null; and we humbly venture to regard the Long Parliament of England, during the greater part of its career, and more particularly at the time to which we now refer, as a mere horde of rebels, having no higher sanction in the law and constitution of the kingdom of England than any gang of banditti, who, having overmastered a solitary and defenceless traveller, and immured him in their den, dictate to him such terms of release from their grasp as cupidity or caprice may suggest. As a preliminary to the dogmatic condemnation which has so long and so liberally been bestowed on the name and memory of Charles, it is necessary that the legality of the pretended Parliament, which gained power over his person—that the seizure of it by the soldiery—that the retention of it by the Parliament—shall be clearly demonstrated; for, until that be done, the inculpation of the King in his negotiations with it, and the assumed legitimacy of the parliamentary proceedings, is nothing better than mere assumption and the advocacy of brute force, as the only criterion of truth and justice. This doctrine may not be very palatable to some tastes; but we cannot consent, in deference to such moralists, to stifle the honest convictions of our own mind, in reference to a great question in the constitutional history and principles of the British monarchy.

The various insurrections, during the autumn of 1648, were defeated both in England and Scotland, and a temporary but tyrannous repose restored under the domination of the “honest” Parliament in England, and the equally “honest” Committee of Estates in Scotland; while multitudes of prisoners of both nations were shipped off in exile, and confiscations were too numerous to admit of detail, the despotism which prevailed under the sway of those popular potentates being more cruel than was ever experienced in Britain at any period of its history. A great part of the army, not required for garrisons and keeping the provinces in awe, had now returned to the neighbourhood of London, and began to shew symptoms of resuming its sway over the councils in the metropolis. So early as the 11th of September, a petition from some thousands of “well-affected” persons in London was presented to the Commons, setting forth no fewer than twenty-seven heads of reform, and craving “that they would make good the supream [power] of the people from all pretences of negative voices either in the King or Lords;” “that they would make laws for election of representatives yearly, and, of course, without writ or summons;” that they would “have removed the tedious burthen of tithes,” and a great many other things of the same sort. This petition, however, was laid aside with a soft answer.

It was not, however, until the army began to reassemble at St Albans, (Fairfax’s headquarters,) in October, that this movement assumed a more formidable aspect. On the 30th of that month, an incendiary petition[391] was reported to have been presented to the General by the officers of Ingolby’s regiment, then stationed at Oxford, which craved that “justice be done upon the principal Invaders of our Liberties, namely, the King and his party;” and, after various meetings and consultations of the general council of officers, a letter from Fairfax to the Speaker, and relative remonstrance, were communicated to the house on the 20th of November, to the effect that “Parliament hath abundant cause to lay aside any further proceeding in this treaty, [which was still pending,] and to return to their votes of non-addresses, and settle with or against the King that he may come no more to government;” “that they proceed against the King in way of Justice;” “that the King be brought to justice as the capital cause of all,” &c. This letter and remonstrance are of such a nature, that it is fitting to give them as they are to be found in Rushworth.[392] This singular remonstrance not only proposed a trial of the King, but craved that the monarchy should be rendered elective, and that the whole power of the State, legislative and executive, should henceforward be vested in a democratic House of Commons, to be annually or biennially chosen by the people. It was not communicated to the Lords.

It is difficult to trace the proposition for bringing the King to trial to its first source. Some historians have ascribed it to Ireton. It has been said that it was first mooted in a military council at Windsor; and further, to have been concerted betwixt Cromwell and Argyle, while the former was on the Borders, and on his visit to Edinburgh. There is probably some truth in all these statements; for, when we reflect on the progress of insubordination and the usurping spirit displayed in the Parliament and army, we can be at no loss to account for the disorganizing and levelling principles which were thus widely scattered abroad and familiarized to the national mind. The letter and remonstrance, now referred to, occupied some hours in the reading, and the debates thereon were very high; but, at last, it was ordered to be further considered on Monday following. And now, as we shall immediately see, the downward course of revolution proceeded with an accelerated velocity. In reference to the last treaty, it may be proper to note that, on the 25th of November, it was regarded as broken up by reason of the King having given his ultimate answer that he would not consent to the proposals of the Commissioners for utterly abolishing Episcopacy, the spoliation of the Bishops’ lands, and respecting Ireland. His Majesty was, in consequence, strictly guarded at Newport, and the headquarters of the army removed to Windsor.[393]

On the 27th of November, letters were, by the Commons, received from the headquarters of the army, stating “that the officers have had serious counsels, and yesterday spent wholly in prayer, how to effect what they desire in the remonstrance; they are unanimous and resolute in hasting what possible to bring delinquents to punishment, and settle the kingdom in peace, with what necessary laws are wanting for benefit and ease of the subject,” &c.; and, at the same time, letters from Cromwell at Knottingsly, transmitted demands from the officers of the regiments under his command to have “impartial justice done upon offenders,” in which, said he, “I do in all, from my heart, concur with them.” On the 30th a letter came from headquarters, intimating that, upon a very full council, a declaration was agreed to in further prosecution of the ends of their late remonstrance; and that they had resolved to march the army up to London; and that declaration intimated very unceremoniously that it was a treacherous and corrupt neglect of public trust in the Commons to lay their remonstrance aside—that the Parliament was incompetent to judge of this breach of trust—that they appealed from Parliament to the “extraordinary judgment of God for obtaining a more orderly judicature”—that they should rejoice if the majority of the Commons were sensible of the evil of their late way, and “that the honest members would, by protestation, acquit themselves, and withdraw from the rest.”[394]

These threats were speedily carried into effect. On the previous day a detachment of troops had gone to the Isle of Wight, and having entered the King’s bedchamber ere break of day, and before he had risen, they seized on his person, forcing him, in the most violent and discourteous manner, from the custody of those whom the Parliament had intrusted with the charge of him. His Majesty was thence carried to Hurst Castle, on the opposite coast. On December 1st, Fairfax wrote to the Lord Mayor that the army was about to advance on London, and demanded £40,000 of arrears. The same day the House of Commons declared the King’s concessions “unsatisfactory,” but postponed further debate; and the General’s letter to the city having been brought before the house, it ordered the city to pay the money, but desired a letter to the General, that it was the pleasure of the house that his excellency remove the army no nearer London. The pleasure of the house, however, was now of small avail. The debate was resumed on the 2d and 4th; on the latter of which occasions, intelligence was received from the officers who had charge of the King, that his Majesty had been carried off to Hurst Castle by a party of military acting under instructions of the General and Council of War. On this it was voted, that the seizing and carrying off of the King was without the advice or consent of the house;[395] and, after sitting all night, they came to the conclusion (December 5th) “that his Majesty’s concessions to the propositions of Parliament upon the treaty are sufficient grounds for settling the peace of the kingdom:”[396] a resolution to which they were not permitted long to adhere, a considerable part of the army having entered London while this debate was going on. Nor did they long continue inactive; for, next morning, two regiments were set as a guard on the Parliament, the city bands discharged, and forty-one members were seized on their way to the house, and kept in custody, by special order from the General and council of the army—a proceeding which has since become a familiar phrase, as “Colonel Pride’s purge.” The house being informed of this, sent their sergeant-at-arms to summon the attendance of the imprisoned members; but the sergeant brought a message from the captain of the guard, that he kept them in custody by order of his superior officers, which he was to obey before any other command; and that he could not, therefore, dismiss his prisoners till he had other orders to the contrary.[397] In the course of the same day, some officers of the army presented the proposals and desires of the army, which were in substance, that Hollis, Coply, Massey, and others, to the number of ninety, who had voted that the parties concerned in the late engagement were not public enemies, should be brought to justice or excluded the house. They also demanded abrogation of certain proceedings of the house, such as agreeing to treat with the King, and declaring his concessions to be a good ground for making peace; and craved that those only who by protestation should quit themselves of these proceedings, should be allowed to remain in the house, &c.[398]

On the 7th, Cromwell came to the house, and received its thanks for his services; and, that day, several other members were prevented by the guard from entering the house, which, in a state of terror, broke up, after agreeing to hold a humiliation and fast in the house next day, and to discuss the army’s proposals on the 9th. Notwithstanding the prayerful proceedings in the house on the 8th, the General marched two regiments of foot and several troops of cavalry into the city, (the bulk of the army being stationed in the suburbs,) and secured the treasuries of several incorporations, from one of which £20,000 were taken. On the day following the proposed debate dropped sub silentio; and nothing was done save listening to communications from the city and General about cash; but, for further security, another regiment of dragoons was quartered in the city. And thus the city, suburbs, and precincts of Parliament, continued in military occupation, neither of the houses sitting till Tuesday the 12th of December. In the meanwhile, however, the General and Council concocted, on the Monday, what may be termed a “Reform Bill”—embracing various propositions for an equal representation—for the dissolution of the existing Parliament—relating to the qualification of members; and, on the whole, presenting a model not very dissimilar to the codes of our more modern Radicals and Chartists.[399]

On the 12th of December, both houses met. In the Commons, a vote of 3d January, 1647, by which Hollis and ten other members, previously excluded, had been rescinded, was declared null; and another vote of 30th June, 1648, concurring with the Lords for opening a treaty with the King, was declared highly dishonourable to the proceedings of Parliament, and nullified. The Sheriff of London, and six other persons, were apprehended by the army, and imprisoned in St James’; and the house and army vied with each other in renouncing all the acts which they had recently passed for effecting a settlement of affairs in the kingdom.[400] Next day, the Commons reconsidered these resolutions, and fully adopted them; declaring that no further communications should be made to or received from the King; and that whosoever contravened these ordinances should be guilty of high treason.[401]

From this time forward the whole affairs of England may be regarded as being entirely under a military government. From all quarters, where portions of the army were stationed, declarations of adherence to the remonstrance were poured in. The General and Council issued proclamations for freedom of trade; and the Parliament—an obedient tool in the hands of the soldiery—complied with all that was dictated to them. Of the secluded members, sixteen were liberated from confinement. The new navy, under the Earl of Warwick’s command, concurred with the army, in the council at which all matters of civil and ecclesiastical concernment were discussed and decided on as they thought fit: in short, the nation groaned under a military despotism.

The King was taken from Hurst Castle to Windsor on the 23d of December; and, on the 25th, a committee of the Commons was appointed to consider in what manner proceedings should be held against him; petitions from Norfolk and elsewhere pouring in with clamorous demands that he and all others aiding and abetting him “in shedding blood, may, without further delay, be brought to due and impartial justice.” The Council of War, on the 27th, gave an order that all ceremonies to the King be left off—his attendants to be fewer, and at less expense; and, the day after, the committee appointed to consider of the charge against the King, and the manner of his trial, reported an ordinance for attainting him of high treason, and for trying him by such commissioners as should be nominated in the body of the said ordinance. On Friday the ordinance was committed; and, on the 1st of January, 1649, the Commons passed an act nominating 150 commissioners and judges for the hearing, trying, and adjudging the said Charles Stuart for the treasons imputed to him.[402]

On the 2d of January, the ordinance for trial of the King was, by message, brought up to the Lords, who demurred to it, and evaded an immediate answer by saying that they would send it by their own messenger, and adjourned for ten days. A deputation of the Commons was, however, sent (3d January) to examine the Lords’ journals, and reported thence “that their Lordships do not concur to the declaration; and that their Lordships rejected the ordinance for the trial of the King;” and, after adjusting the names of the commissioners, by excluding the peers who had been named, and substituting others, and resolving that the ordinance for trial should be in name of the Commons only, they, on the 4th, passed the following resolutions:—

“Resolved, That the Commons of England assembled in Parliament do declare that the people under God are the original of all just powers.

“They do likewise declare, that the Commons of England assembled in Parliament being chosen by, and representing the people, have the supreme authority of this nation.

“They do likewise declare, that whatsoever is enacted and declared law by the Commons of England, assembled in Parliament, hath the force of law; and all the people of this nation are included thereby, although the consent and concurrence of the King and the House of Peers be not had thereunto.

“These being reported to the House, the House put them, one after another, to the question, and there was not one negative voice to any one of them. Then an ordinance for trial of Charles Stuart was again read and assented unto, and ordered to be forthwith engrossed in Parchment, and to be brought in to-morrow morning.”[403]

And here, for the present, we pause in our narrative of proceedings in England, that we may recur to those in the Parliament of Scotland, which met at Edinburgh the same day that the Commons of England had adopted these resolutions. We have entered more particularly into the foregoing statements, which are drawn from the journals of the Parliament itself, because, without tracing the entire progress of events in their due order, it is impossible to form any just conception of the real facts from the general histories which treat of that period, and because it is desirable to exhibit in their true colours the outrageous nature of proceedings by which a self-constituted and lawless oligarchy, by palpable and daring acts of usurpation, overturned the constitution of their country, and established in its stead a wild, democratic, and military despotism.

The Whigamore Parliament met on the 4th of January 1649. By the act of the preceding session, in June of the previous year, it was “continued” till March, 1650; but, by the same act, the committee then named were authorized to call a meeting of the whole Estates at an early period, if they deemed that expedient. As already indicated, a change had “come o’er the spirit of their dream;” and that committee having been completely transformed since it was originally constituted, all those who had been engaged in carrying the engagement into effect, as appointed in the former session, were now proscribed, and excluded from this renovated convention.[404] It consisted, therefore, entirely of those who either protested against the Engagement, or of those who apostatized from their former decisions; and Loudoun, whose tergiversation during the interval had been so conspicuous, was chosen President—having previously performed penance, and professed repentance in the High Kirk, to the great delight of the clergy. At the opening of this session, a fast was appointed for the great sins and provocations of the land, to be performed in the Parliament House—the Solemn League and Covenant to be renewed; and letters from the Commissioners in London were laid before the house, giving information of all the recent proceedings in London, of which we have already given a detail.[405]

One of the earliest acts of this Parliament, (11th January,) was to ratify the acts of the whigamore committee, in September and October, and the exclusion of “all such as have been imployed in public place and trust, and have been accessary to the late unlawful Engagement;”[406] and they were also summoned to appear before the Parliament, to hear and see it take such course as it should think fit for purging of the judicatories, declaring their places vacant, and filling these with others. Another act was soon after passed, (16th January,) “repealing all Acts of Parliament or Committee made for the late unlawful ingagement, and ratifying the protestation and opposition against the same;”[407] and thus the entire proceedings of the former session were completely reversed and rescinded. The insurrection of Mauchlin Muir was also highly approved of, by an enactment to that effect; and, further, letters were received of the transactions in London from the Commissioners there. On the 18th, an answer was given to the “Testimony communicated unto them by the Commissioners of the General Assembly, and their concurrence with the same,” in reference to the “seasonable testimony against toleration, and the present proceedings of sectaries and their abettors in England;”[408] intimating their non-concurrence in the proceedings by the Commons against the King’s person. Next, on the 23d of the same month,[409] came another act, “for purging the judicatories and other places of public trust,” by which a clean sweep was made of all who had been participant in the Engagement. And, to crown all the enormities of their career, they at this time passed an act against witchcraft, on the 1st of February, ordaining, that “whatsoever person or persons shall consult with devils or familiar spirits, shall be punished with death.”[410] These, and some earnest remonstrances which appear to have been made, through the Commissioners in London, against taking away the life of the King, were the chief acts of the first Whigamore Parliament up to the time of the execution of the King. To the particulars of that tragical event, therefore, we shall now briefly advert.

On the 6th of January, 1649, the ordinance of the Commons for the King’s trial was brought in, fairly engrossed on parchment. On the 9th, the House of Lords met, and had a debate as to the publication of the grounds on which they rejected the commission for trying the King; and, the same day, proclamation was made in Westminster Hall, at the Old Exchange, and Cheapside, desiring all persons who had aught to charge against his Majesty to give in their statements to the Commissioners next day in Westminster Hall; and all “delinquents or ill-affected persons were ordered, by a military proclamation, to depart ten miles from London; these being all who had served the King during the course of the civil war. Next day, accordingly, the Commission met, and appointed Bradshaw, a lawyer, to be their president; and directed Steel as attorney, and Cooke as solicitor-general, to draw up and manage the charge against the King.” On the 13th, the “High Court of Justice” (as it was designated) agreed that the trial should be held in Westminster Hall, and that for that end the King should be removed from Windsor and brought up to London on Monday following. On Monday, the Commons received a stimulating petition from the Corporation of London, which was approved of. The commission for trial ordered the charge for trial to be abbreviated by a committee of themselves, and to examine the evidence, (thereby still further prostituting the judicial character;) and another impudent declaration was sent from the Council of the Army to the Commons, who appear in the whole of this infamous business as the abject slaves of the soldiery.

A few days after, (18th January,) “the Commons having formerly declared that the supreme power of England is vested only in the people and their representatives, and therefore voted that all committees, which before consisted of Lords and Commons, should have power to act to all intents and purposes, though the Lords join not therein;” and, the same day, adopted another contumelious vote in reference to the Peers. On the 19th the King was brought to St James’, and the Court heard the proof (in absence of the accused) to the several articles of impeachment against his Majesty. The act of the Commons being read, all the Commissioners who were present rose on their names being called; this ceremony being interrupted by Lady Fairfax, the general’s wife, who was in a window of the house, speaking aloud to the Court then sitting, “that her husband, the Lord Fairfax, was not there in person, nor ever would sit among them, and therefore they did him wrong to name him as a sitting Commissioner.” This little incident, like many others in the history of great commotions, indicates the high and generous qualities of the female character, which often shine forth to shame the virtue and the courage of manhood.

The first part of the trial was enacted on the 20th of January. At this and the subsequent sederunts of the court, the proceedings were of the most outrageous nature. The details are too tedious to be embodied in these sketches, nor shall we attempt by compression to adapt them to our pages in this place; yet they were of such a character, that, if we had not an authentic report of them in the honest pages of Rushworth, the disgusting features of that mockery of judicial procedure could scarcely be imagined or credited in these latter days. We shall, therefore, give the entire trial (which is very short) among our supplemental documents. The result of the whole was, that, on the 27th of January, the Court pronounced its sentence, which was, that the King had been guilty of high treason, and “that the said Charles Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by severing his head from his body.”[411]

Before passing on to the last sad scene of this tragedy, we must be forgiven for marking a few of the characteristics of the till then unheard-of proceedings which were thus wound up. We need not recapitulate the objections which present themselves to every mind with regard to the unlawful nature of the whole course of the House of Commons in this matter. Without a lawful constitution in itself, according to any view of a free and full Parliament—usurping flagrantly all the prerogatives of the monarchy, and all the powers and privileges vested in the House of Peers—its composition vitiated by the exclusion of a large portion of its members—surrounded by and influenced by a military force, and vulgar external pressure—it nevertheless arrogated to itself all the functions, both executive and legislative, of all the constitutional powers of the State—it arbitrarily appointed a commission to try capitally the Sovereign of the kingdom, and the Sovereign too of another kingdom, for endeavouring to suppress rebellion; and it constituted a tribunal utterly unknown to the usages and laws of the land, and to which it could not impart any legitimate authority. That tribunal, in its proceedings, could not be surpassed in judicial iniquity by anything ever imputed to the Inquisition. The members of it were disqualified from acting either as judges or jurors by every iniquity that infers disqualification. They had prejudged the accused—they assisted in concocting the charges—they refused even to hear objections to their jurisdiction—they took evidence in absence of the King, and neither allowed him proof in exculpation, nor to be heard in his own defence; and, finally, with all these multiplied abominations on their souls, they doomed their anointed King to die the death of a traitor, in defiance of every principle of enlightened jurisprudence, and in violation of all the dictates of universal justice, wherever its purity is known and reverenced.

On the sentence of this creature of democratic despotism, a warrant for execution was issued on the 29th; and, on the 30th of January, 1649, Charles I. was beheaded in front of Whitehall—sustaining, with native elevation of character, and amidst studied insults and indignities, all the majesty of a monarch, and all the piety and heroic fortitude of a Christian martyr. The deed was one of the foulest, most deliberate, and diabolical murders that ever disgraced the records of human nature, and will ever remain an indelible stigma on the national character.[412]

We forbear from obtruding on our readers any lengthened strictures on the character of Charles, which has so often afforded a theme both for eulogy and censure; yet when turning, with sickness of heart, from contemplating the unutterable iniquities which ended in his murder, we cannot entirely refrain from exercising the privilege of our vocation, and expressing our dissent from the uncharitable constructions which have been put on his conduct. The most general imputation against him is, that he stretched the royal prerogative so as to trench on the liberties of the subject, in things both sacred and secular. But it should ever be remembered that, in this particular, he only exerted the power which he inherited with his Crown, in the law and usages of the constitution; and that even with reference to the most exceptionable point perhaps in his policy—that relating to the enforcement of Episcopacy in Scotland—he introduced no innovation, but merely urged the observance of laws which stood on the statute-book, and had been acquiesced in by a great majority of the clergy, nobility, and gentry, as well as the people, for the long period of thirty years. Even in this matter, the more rigorous enforcement and extension of the existing law may find some palliation, when it is taken into view that in this he only followed out his own principles; from which, amid all his misfortunes, he never swerved; and, besides, when the national mind was at length fully evidenced, he gave the Presbyterian Church the fullest sanction, and never after, so far as we have seen any proof, attempted its subversion.

His insincerity too has been a frequent topic of invective, in regard to the endless negotiations in which he was involved with his English subjects. But it ought to be recollected that all diplomacy is proverbially a system of duplicity; that, almost singly, he was pitted against a set of the most matchless dissemblers that the world ever saw, whose objects, he well knew, were the entire subversion of all the institutions of his kingdom, and the erection of a fierce democracy on their ruins. And it is absurd to charge him with greater duplicity in those complicated treaties, than was evinced by his adversaries; who, the one day, acceded to his concessions, and the next repudiated and renounced what they had done.

But the great and most clamant fault imputed to Charles is, that he would not ratify and give effect to the Solemn League and Covenant;—a charge which has been made by men of very opposite descriptions—by puritanical devotees on the one hand, and philosophical historians on the other—agreeing only on this one point, and differing on almost every other. To the former we would briefly reply, that his resistance to that League was a patriotic virtue; for a more undisguised and grinding system of tyranny and persecution never was invented by man, and never was practised in the worst days of Popish thraldom. Nor can the inherent vices of that league be mitigated by the plea that, practically, the extirpation of all who would not yield to its terrors, was only directed against their tenets, and not their persons; for this theory is fully refuted by innumerable facts. Many thousands were not merely proscribed and robbed of their property, but put to death in the field and on the scaffold, as rebels and traitors, for no other reason than because they would not submit implicitly to an insatiable system of spiritual despotism. To the latter class of critics, who view Charles’ adherence to Episcopacy in England as a weakness which excites the mingled emotions of compassion and contempt, and who hold that, to keep his crown, he ought to have abandoned his most cherished convictions of what was morally right, the answer is conclusive—that the mere statement of such an objection is the highest tribute that could be awarded to any human being; for amidst temptations almost overwhelming to human virtue, the object of their rebuke held fast his integrity to the death. To both classes we say, that what they reprobate in Charles can only be the subject of censure when hypocrisy becomes a virtue, when dissimulation adds lustre to the human character, and when prostitution of principle and personal honour shall be raised to the rank of a Christian virtue—an acme of perfection which, it must be allowed, was fully exemplified by blustering patriots, who remorselessly filled their country with rapine, anarchy, and oppression, as the champions of civil and religious liberty, both of which they trampled in the dust. That Charles I. committed errors, and grievous ones, is not to be questioned; but they inevitably arose from his education, and the circumstances in which he was placed; and “even his failings leaned to virtue’s side.” He was, perhaps, setting aside the fabulous attributes of other monarchs, the most exemplary and amiable, as he was one of the most unfortunate of sovereigns, that ever swayed the sceptre of the British kingdoms.

Having already, at more than our usual length, given all the details connected with the destruction of King Charles, the minor events which ensued betwixt that occurrence and the meeting of the subsequent General Assembly, must now be stated very briefly. We must not, however, omit to state that, up to the time of the execution, and particularly on the 29th of January, the Scottish Commissioners in England, acting by orders of the States, remonstrated in the strongest terms, and on the most solid grounds, against putting the King to death. Their letters to Fairfax and Cromwell, which are extant on the record of Parliament,[413] bear witness to this, and establish that the foul deed was done by the House of Commons of England, not only without the concurrence, but in utter contempt of the earnest protestations of Scotland. Early in February, the Commons voted the House of Lords “useless and inconvenient;” and at once abolished it and the monarchy of England.

Whenever the tidings of the King’s death reached Edinburgh, the Estates, on the 5th of February, passed an act for proclaiming his eldest son, Charles, as King; and this ceremony took place the same day at the cross of Edinburgh.[414] On the 7th, an act was passed for securing the Covenant and peace of the kingdom, containing stringent conditions, that before the Prince, or any of his successors, should be admitted to the exercise of the royal power, he should not only take the ancient coronation oath to maintain the Protestant religion, but also accede to the Covenant and Solemn League and Covenant, and consent that all civil matters should be determined by Parliament, and all ecclesiastic by the General Assembly of the Kirk. Commissioners were also appointed to proceed to the Prince in Holland, and effect arrangements on these terms. At the same time an act was passed ratifying the Catechisms and Confession of Faith.[415] Various other statutes were enacted for putting the kingdom in a posture of defence, and referable to the existing state of public affairs—for keeping all “malignants” out of public employment.

But the most important act of that time, relating to the Kirk, was passed on the 9th of March, for abolishing the patronages of Kirks.[416] By that statute the Estates did “discharge for ever hereafter all patronages and presentations of Kirks, whither belonging to the King, or to any laick patrone, presbyterie, or others within this Kingdome, at being unlawfull and unwarrantable by God’s word, and contrary to the doctrines and liberties of this Kirk, and doe repeal, rescind, make voyd, and annull all gifts and rights granted thereanent, and all former Acts made in the Parliament, or in any inferior judicatory, in favour of any patrone or patrones whatsoever, so farre as the same doth or may relate unto the presentation of Kirks,” &c. “And because it is needfull that the just and proper interest of congregations and presbyteries in providing of Kirks and Ministers, be clearly determined by the General Assembly, and what is to be accompted the congregation having that interest. Therefore it is hereby seriously recommended unto the next General Assembly clearly to determine the same, and to condescend upon a certain standing way for having a settled rule therein for all tyme coming.” This was a most important innovation on the original constitution of the Reformed Church in 1567, from which time lay patronage had been an essential element in its composition, whether in times of Episcopacy or Presbytery; and, particularly, it amounted to a virtual repeal of the Act 1592, by which the Presbyterian polity was fully established. It is unnecessary to anticipate the proceedings of the Assembly on this devolution of the power of legislation in this matter, as the subsequent acts of that Assembly will most satisfactorily explain their ordinance. The Estates, after passing acts approbatory of the proceedings of their Commissioners in England, and various other matters of particular concernment, continued the Parliament till the 23d of May following.

After the reassembling in May, the most interesting subject brought under the notice of the Estates, was a report of the proceedings of the Commissioners who had been sent to the King to adjust the terms of his acceptance of the crown of Scotland. That report, and the various protocols connected with it, shew that the first treaty proved abortive;[417] the King declining to accede to the proposed restrictions, and the commissioners urging them ineffectually.[418] The army was also “purged” of all malignants; and from the communications which stand on record betwixt the two Parliaments of England and Scotland, the symptoms of a breach began very soon to appear; but nothing further very remarkable occurred worthy of notice, till the meeting of the Assembly, on the 4th of July, 1649, to the Acts of which we now point attention.

THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY HOLDEN AT

EDINBURGH, JULY 7, 1649.

Iuly 7, 1649. Ante Meridiem. Sess. IV.

Approbation of the proceedings of the Commissioners of the General Assembly.

The Generall Assembly having heard the report of the Committee appointed for revising the proceedings of the Commissioners of the preceding Assembly; And finding thereby, that in all their proceedings they have been zealous, diligent and faithfull, in the discharge of the trust committed to them, do therefore unanimously Approve and Ratifie the whole proceedings, Acts and Conclusions of the said Commission; Appointing Mr John Bell Moderator pro tempore, to return them heartie thanks in the name of the Assembly for their great pains, travil and fidelity.

* * * * *

Iuly 10, 1649. Ante Meridiem. Sess. VI.

Approbation of the Commissioners sent to his Majesty.

The Generall Assembly having taken in serious consideration the Report of the Travells and Proceedings of the Commissioners sent to his Majestie presented by them this day, Together with the Commission and Instructions which were given unto them; Do finde by the Report, that they have been very diligent and faithfull in the discharge of the Trust Committed to them: And therefore, do unanimously Approve of their Carriage, and return them hearty thanks for their great Pains and Travails in that Employment.

* * * * *

Iuly 19, 1649. Post Meridiem. Sess. XVIII.

Act discharging promiscuous Dancing.

The Assembly finding the scandall and abuse that arises thorow promiscuous Dancing: Do therefore Inhibit and discharge the same, and do referre the Censure thereof to severall Presbyteries, Earnestly Recommending it to their care and diligence.

* * * * *

Iuly 20, 1649. Ante Meridiem. Sess. XIX.

_Act concerning the receiving of Engagers in the late unlawfull War against England, to publick Satisfaction, Together with the Declaration and Acknowledgment to be subscribed by them._

The Generall Assembly considering what great offence against God, and Scandal to his People at home and abroad, hath arisen from the late unlawfull Engagement in War against England, whereby, contrary to the Law of God and of Nations, contrary to the Solemn League and Covenant, contrary to the Petitions of almost the whole Kingdom, contrary to the Declarations of the Judicatories of this Kirk, contrary to the Protestations of a considerable part of the Parliament, contrary to the frequent and clear warnings of the Servants of God in his name, not onely an Association in Counsels and Arms was made with Malignant persons, who had formerly shewn their dis-affection to the Covenant and Cause, but an invasion of the Neighbour Nation was prosecuted; from whence flowed the oppression of the persons, estates and consciences of many of the People of God in this Land, the shedding of the blood of some, the losse and dishonour of this Nation, and severall other inconveniences: And considering that the Commissioners of the last Generall Assembly have acquit themselves faithfully, in ordaining to be suspended from the renewing of the Covenant, and from the Ordinance of the Lords Supper, such as are designed in their Acts of Date the 6 of October and 4 of December last, referring the further consideration and censure of the persons foresaid to this present Generall Assembly: Therefore the Generall Assembly for removing of much offences, and for prevention of the like in time coming, and for restoring of such as are truly humbled, do Declare and Appoint,

I. That all those who have been guilty and censured as aforesaid, and withal, do not by their addresses to Kirk Judicatories testifie their dislike thereof, and give evidences of their Repentance therefore, That these be processed, and continuing obstinate, be excommunicated; But if withall they go on in promoving Malignant Designes, that they be forthwith Excommunicated: As also that all such persons guilty as aforesaid, who after Profession of their Repentance shall yet again hereafter relapse to the promoting any Malignant Designe, that these be likewise forthwith excommunicated.

II. That all these who have been guilty and censured as aforesaid, and desire to testifie their Repentance, and to be admitted to the Covenant and Communion, shall besides any Confession in publick before the Congregation subscribe the Declaration hereto sub-joined, of their unfained detestation and renunciation of that Engagement, and all other Malignant courses contrary to the Covenant and Cause, Promising to keep themselves from such ways in time coming, and acknowledging that if they shall again fall into such defection thereafter, they may justly be accompted perfidious backsliders, and breakers of the Covenant and Oath of God, and proceeded against with the highest Censures of the Kirk.

III. That of these who have been guilty and censured as aforesaid, and desire now to testifie their Repentance, Whosoever were formerly joined in Arms or Counsell with James Graham in his Rebellion, or who were Generall persons or Colonels in the late unlawfull Engagement, Or who went to Ireland to bring over Forces for that effect, Or who have been eminently active in contriving of, or seducing unto the said Engagement, or whosoever above the degree of a Lieutenant Commanded these parties, that in promoving of the ends of the said Engagement shed blood within the Kingdom, either before that Army of Engagers went to England, or after their return, Or who above the degree foresaid Commanded in the late Rebellion in the North; That none of these be admitted or received to give satisfaction, but by the Generall Assembly or their Commissioners.

IV. That all the rest of these who have been guilty, or censured as aforesaid, may be received by the Presbyteries where they reside.

V. That all who have been guilty as aforesaid, before their receiving to the Covenant, shall make a Solemn publick Acknowledgement in such matter, and before such Congregations as the Commission of the Generall Assembly or Presbyteries respective shall prescribe, according to the degree of their offence and scandall given.

VI. That none of the foresaid Persons be admitted, or received as Elders in any Judicatories of the Kirk, but according to the Act of the Generall Assembly of the last of August 1647, against complyers of the first Classe.

And because many have heretofore made shew and profession of their Repentance, who were not convinced of their guiltinesse nor humbled for the same, but did thereafter return with the dog to the vomit, and with the sow to the puddle, unto the mocking of God, and the exceeding great reproach and detriment of his Cause: Therefore, for the better determining the Truth and sincerity of the Repentance of those who desire to be admitted to the Covenant and Communion: It is appointed and Ordained that none of those persons who are debarred from the Covenant and Communion shall be admitted and received thereto, but such as after exact triall, shall be found for some competent time before or after the offer of their Repentance, according to the discretion of the respective Judicatories, to have in their ordinary conversations given real Testimony of their dislike of the late unlawfull Engagement, and of the courses and wayes of Malignants, and of their sorrow for their accession to the same; and to live soberly, righteously and godly; And if any shall be found, who after the defeating of the Engagers have uttered any Malignant speeches, tending to the approbation of the late unlawfull Engagement, or the blood-shed within the Kingdome for promoving of the ends of the said Engagement, or any other projects or practises within or without the Kingdome, prejudiciall to Religion and the Covenant, or tending to the reproach of the Ministry, or the civill Government of the Kingdom, Or who have unnecessarily or ordinarily conversed with Malignant and disaffected persons, Or who have had hand in, or accession to, or compliance with, or have any wayes countenanced or promoved any Malignant Design, prejudiciall to Religion and the Covenant; That these, notwithstanding their profession of Repentance be not suddenly received, but a competent time, according to the discretion of the Judicatory, be assigned to them for tryall of the evidence of their Repentance, according to the qualifications above mentioned. And the Generall Assembly Ordains Presbyteries to make intimation of this Act in the severall Kirks of their bounds so soon as they can, after the rising of the Generall Assembly, that none pretend ignorance; And that Presbyteries make accompt of their diligence in prosecuting of this Act to the Quarterly meetings of the Commission of this Assembly.

* * * * *

The Declaration and Acknowledgement before mentioned.

I, __________________ after due consideration of the late Warre against the Kingdom of England; And having also considered the course pursued and promoted by the Earle of Lanerk, George Monro and their Adherents in and about Stirling, and by others in the late Rebellion in the North, against all which not only eminent Testimonies of Gods Wrath have been giving in defeating of them, but they were in themselves sinfull breaches of Covenant, and preferring the interest of man unto God; I doe herefore in Gods sight professe, that I am convinced of the unlawfulnesse of all these ways, as contrary to the Word of God, and to the Solemn League and Covenant, not only in regard of the miscarriages of these that were imployed therein, but also in respect of the nature of these courses themselves; And therefore professing my unfained sorrow for my guiltinesse by my accession to the same, doe renounce and disclaim the foresaid Engagement, and all the courses that were used for carrying on the same, either before or after the defeat of the Engagers, as contrary to the Word of GOD and Solemn League and Covenant, and destructive to Religion and the work of Reformation; And I doe promise in the power of the Lords strength, never again to own any of these or the like courses: And if hereafter at any time, I shall be found to promote any Malignant Design or course, that I shall justly be accompted a perfidious Covenant-breaker and despiser of the Oath of God, and be proceeded against with the highest Censures of the Kirk: Likeas, I doe hereby promise to adhere to the National Covenant of this Kingdome, and to the Solemn League and Covenant betwixt the Kingdomes, and to be honest and zealous for promoving all the ends thereof, as I shall be called thereunto of God, and to flee all occasions and temptations that may lead me into any the like snares against the same. Subscribed

at _________________ the _______________ day of ___________

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Iuly 24, 1649. Post Meridiem. Sess. XXIII.

To the High and Honourable Court of Parliament.

The Generall Assembly, Humbly Sheweth,

That whereas we have seen and considered the Act of Parliament abolishing Patronages, and doe highly commend the piety and zeal of the Estates of Parliament in promoving so necessary a point of Reformation; The Generall Assembly do humbly supplicate, that beside the setling of the Ministers stipends, that the Tythes mentioned in the said Act, may be affected with the burthen of pious uses, within the respective Paroches, conform to a draught of an Act seen by the Commissioners of the late General Assembly before it passed in Parliament; And that the foresaid Act may be made effectuall for the setling of Ministers Stipends in Kirks erected, and necessary to be erected according to the Tenour of the Act of Parliament, And for this effect, that your Lordships will hasten the sitting of the Commission for Plantation of Kirks, with all convenient diligence, and your Lordships Answer.

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27 Iuly, 1649, Ante Meridiem. Sess. XXVII.

A seasonable and necessary Warning and Declaration, concerning Present and Imminent dangers, and concerning duties relating thereto, from the General Assembly of this Kirk, unto all the Members thereof.

The Lord who chooses Jerusalem in a furnace of Affliction, hath been pleased since the beginning of the work of Reformation in this Land, to exercise his People with many trialls; all that desired to keep a good conscience, were not long agoe under many heavy and sad pressures from the insolency and oppression of a prevailing party of dis-affected and Malignant men, who under a pretext of bringing the King to a condition of Honour, Freedom and safety, did carry on an unlawful Engagement against the Kingdom of England: and if the Lord had not been mercifull unto his people, they were like, either to have been banished out of the Land; or to have been kept in a perpetuall bondage in their consciences, persons and estates: But he whose Messengers those men had mocked, and whose word they had despised, did bring them down suddenly in a day, and restored liberty and peace unto his people: A mercy and deliverance, which as it ought to be remembred with thankfulnesse and praise, so may it engage our hearts not to faint in troubles and straites that do yet abide us, but to trust in the name of the Lord, who both can and will deliver us still out of all our afflictions.

Albeit, wee do now enjoy many rich and precious blessings wherein wee have reason to be comforted and to rejoyce; yet it were to shut our own eyes if we should not see our selves involved in, and threatned with many and great dangers at home and from abroad. It is matter of exceeding great sorrow to think upon the ignorance and profanity, the impenitencie and security that abounds still in the Land, notwithstanding all the gracious dispensation of the Gospel, and means of grace in such purity and plenty, that none of the Nations round about us can boast of the like, and of all the long-suffering patience of the Lord, and of all his sharp rods wherewith he hath afflicted us from year to year, and of all the mercies and deliverances wherewith he hath visited us, and of our late solemn confession of sinnes, and engagement unto duties, sealed with the renewing of the Covenant and the Oath of God; Which some men have so far already forgotten, as to return with the dogge to the vomit, and with the sow to the puddle: And many signes of inconstancy and levity do appear among all sorts and ranks of persons, who seem to want nothing but a suitable tentation to draw them away from their steadfastnesse; Our Army is not yet sufficiently purged, but there be still in it Malignant and scandalous men, whose fidelity and constancy, as it is much to be doubted, so is the wrath of the Lord to be feared, upon their proceedings and undertakings, without a speedy and effectuall remedy.

That prevailing party of Sectaries in England, who have broken the Covenant, and despised the Oath of God, corrupted the truth, subverted the fundamentall Government by King and Parliament, and taken away the Kings life, look upon us with an evill eye, as upon these who stand in the way of their monstruous and new fangled devices in Religion and Government; And though there were no cause to fear any thing from that party but the Gangrene and infection of those many damnable and abominable errours which have taken hold on them, yet our vicinity unto, and daily commerce with that Nation, may justly make us afraid that the Lord may give up many in this Land unto a spirit of delusion to beleeve lies, because they have not received the love of the truth.

Neither is the Malignant party so far broken and brought low, as that they have abandoned all hopes of carrying on their former designs against the Covenant and work of Reformation: Beside many of them in this Kingdom, who are as Foxes tied in chains, keeping their evill nature, and waiting an opportunity to break their cords, and again to prey upon the Lords people; there be standing Armies in Ireland, under the command of the Marquesse of Ormond, the Lord Inchqueen, the Lord of Airds, and George Monro, who forgetting all the horrible cruelty that was exercised by the Irish Rebels, upon many thousands of the English and Scottish Nations in that land, have entred into a Peace and Association with them, that they may the more easily carry on the old designes of the Popish, Prelaticall and Malignant party; And the Lord of Airds, and George Monro, have by treachery and oppression brought the Province of Ulster, and Garrisons therein, under their power and Command, and have redacted our country-men, and such as adhere unto the Covenant, and cause of God in that Province, unto many miseries and straits, and are like to banish the Ministers of the Gospell, and to overturn these faire beginnings of the work of God, which were unto many a branch of hope, that the Lord meant to make Ireland a pleasant land.

But which is more grievous unto us then all these, our King, notwithstanding of the Lords hand against his Fathers opposition to the work of God, and of the many sad and dolefull consequences that followed thereupon, in reference to Religion and his Subjects, and to his person, and Government, doth hearken unto the councels of these who were Authors of these miseries to his Royall Father and his Kingdoms: By which it hath come to passe, that his Majesty hath hitherto refused to grant the just and necessary desires of this Kirk and Kingdom, which were tendred unto him from the Commissioners of both for securing of Religion, the Liberties of the Subject, his Majesties Government, and the Peace of the Kingdome; And it is much to be feared that those wicked Counsellours may so farre prevaile upon him in his tender yeers, as to engage him in a warre, for overturning (if it be possible) of the work of God, and bearing down all those in the three Kingdoms that adhere thereto: Which if he shall doe, cannot but bring great wrath from the Lord upon himselfe and his Throne, and must be the cause of many new, and great miseries, and calamities to these Lands.

It concerns a Nation thus sinfull and loaden with iniquity, and involved in so many difficulties and dangers, by timous repentance and unfained humiliation to draw near to God, and to wrastle with him in Prayer and Supplication, that our sin may be pardoned, and our iniquity done away; and that he would establish the Land in the love of the truth, and inable every one in their station to do their duty boldly and without fear, and in a humble dependance upon the Lord, in whom alone is the salvation of his people; Every man ought with all faithfulnesse and diligence, to make use of all these means that are approven and allowed of God, for preserving and carrying on of his work, and for securing and guarding the Land against all enemies whatsomever, both upon the right hand and upon the left.

The Spirit of errour and delusion in our Neighbour-Land, in the policie of Satan hath vailed it self in many, under the mask of holinesse, and is in the righteous and wise dispensation of God, armed with power, and attended with successe: Therefore all the Inhabitants of this land would labour for more knowledge, and more love of the truth, without which they may easily be deceived, and led into tentation, and would learn to distinguish betwixt the shew and power of godlinesse. We know that there be many in England who be truly godly, and mourn with us for all the errours and abominations that are in that land; But it is without controversie, that that Spirit which hath acted in the Courses and Counsels of these, who have retarded and obstructed the work of God, dispised the Covenant, forced the Parliament, murthered the King, changed the civill Government, and established so vast a Toleration in Religion, cannot be the Spirit of Righteousnesse and Holinesse, because it teaches not men to live godly and righteously, but drawes thē aside into errour, and makes them to bring forth the bitter fruits of impiety and iniquity, and therefore ought to be avoyded. And not only are such of our Nation as travaile in our Neighbour-land, to take heed unto themselves, that they receive not infection from such as are leavened with Errour, but these also who live at home, especially in those places where Sectaries, upon pretext of merchandise, and other civill imployments, ordinarily traffique and converse. Neither needs any man to be afraid of the power and successe of that party, they who have gadded about so much to change their way, shall ere long be ashamed; The Lord hath rejected their confidences, and they shall not prosper in them; How farre they may proceed in their Resolutions and Actings against this Kingdome, is in the hand of the most high; If the Lord shall suffer that party to invade this land, it may be the comfort and incouragement of all the Inhabitants thereof, that not only hath that unlawfull engagement against the Kingdom of England been declared against, and condemned both by Kirk and State; but also that these men can pretend no quarrell against us, unlesse it be, that we have adhered unto the Solemn League and Covenant, from which they have so foully revolted and backslidden; and that we have borne testimony against Toleration, and their proceedings in reference to Religion and Government, and the taking away of the Kings life: And therefore we trust that in such a case none will be so farre deficient in their duty as not to defend themselves against such injust violence, and in the strength of the Lord to adhere unto their former principles, with much boldnes of spirit, and willingnesse of heart; In this certainly we shall have a good conscience and the Lord shall be with us.

We are not so, to have the one of our eyes upon the Sectaries, as not so hold the other upon the Malignants, they being an enemy more numerous, and no lesse subtile and powerfull nor the other, and at this time more dangerous unto us, not onely because experience hath proven that there is a greater aptitude and inclination in these of our Land, to complie with Malignants then Sectaries, in that they carry on their wicked designes under a pretext of being for the King; But also because there be many of them in our own bowels, and for that they doe pretend to be for maintenance of the Kings Person and Authority, and (which is the matter of our grife) because the King ownes their principles and wayes; which if it be not taken heed unto, may prove a great snare, and dangerous tentation to many to side with them against the Lords people, and his cause. The constant tenour of the carriage of these in this land, who stand for the cause of God, are undeniable arguments of their affection to Monarchy, and to that Royal Family and Line wᶜʰ hath sweyed the Scepter of this Kingdom for many hundreds of yeers past. Albeit his Majestie who lately reigned, refused to harken to their just desires; yet did they with much patience and moderation of mind, supplicate and solicite his Majesty for satisfaction in these things that concern Religion and the Covenant, and were still willing, that upon satisfaction given, he should be admitted to the exercise of his power; and whatsoever envie and malice objects to the contrary, were carefull to get assurance concerning the safety of his Majesties Person, when they brought their army out of England; and when notwithstanding of that assurance, the prevailing party of Sectaries were acting for his life, did to the utmost of their power, endeavour by their Commissioners that there might have been no such proceeding; And when their desires and endeavours were not successfull, did protest and bear testimony against the same. And, as both Kirk and State had testified their tender respect to his Majesty who now reigns, by their Letters written to him whilst his Father was yet living, So no sooner did the Parliament heare of his Fathers death, but they did with all solemnity proclaim him King of these Kingdoms; And after they had acquainted his Majesty by Messages with their proceedings herein, Commissioners were sent both from State and Kirk instructed with power and Commission to expresse the affection of this Kingdome to Monarchy, and his Majesties Person and Government, together with their desires concerning the security of Religion, and the Peace of those Kingdoms. And albeit the desires of both which are now published to the world, with his Majesties answers thereto, are such as are most just and necessary; yet the Counsels of the malignant party had so great influence upon his Majesty, that his answers are not only not satisfactory, but short of that which was many times granted by his Royall Father, and cannot be acquiesced unto, unlesse we would abandon the League and Covenant, and betray Religion, and the cause of God.

We hold it the duty of all who live in this Land, to wrestle with God in the behalfe of the King, that he may be recovered out of the snare of evill Counsell, and brought to give satisfaction to the publick desires of Kirk and State; and in their places and stations to use all endeavours with himselfe and others for that effect, and to be willing, upon satisfaction given, to admit him to the exercise of his power, and cheerfully to obey him in all things according to the will of God, and the Lawes of the Kingdom, and to do every thing that tends to the preservation of his Majesties person, and just greatnesse and Authority, in the defence and preservation of the true Religion and Liberties of the Kingdomes.

But if his Majesty, or any having, or pretending power and Commission from him, shall invade this Kingdom, upon pretext of establishing him in the exercise of his Royall power, as it will be an high provocation against God to be accessory or assisting thereto, so will it be a necessary duty to resist and oppose the same. We know that many are so forgetfull of the oath of God, and ignorant and careles of the interest of Jesus Christ and the Gospel, and doe so little tender that which concerns his Kingdom and the Privileges thereof, and do so much dote upon absolute and Arbitrary Government for gaining their own ends, and so much maligne the Instruments of the work of Reformation, that they would admit his Majesty to the exercise of his Royall power upon any termes whatsoever, though with never so much prejudice to Religion, and the Liberties of these Kingdomes, and would think it quarrell enough to make War upon all those who for conscience sake cannot condescend thereto. But We desire all these who fear the Lord, and mind to keep their Covenant impartially to consider these things which followes.

1. That as Magistrates and their power is ordained of God, so are they in the exercise thereof, not to walk according to their owne will, but according to the Law of equity and righteousnesse, as being the Ministers of GOD for the safety of his People; Therefore a boundles and illimitted power is to be acknowledged in no King nor Magistrate; Neither is Our King to be admitted to the exercise of his power as long as he refuses to walk, in the Administration of the same, according to this rule, and the established Laws of the Kingdom, that his Subjects may live under him a quiet and peaceable life in all Godlinesse and honestie.

2. There is ane mutuall Obligation and Stipulation betwixt the King and his People; As both of them are tied to GOD, so each of them are tied one to another for the performance of mutuall and reciprocal duties: According to this, It is Statute and Ordained in the 8 Act of the 1 Parliament of King James the 6, “That all Kings, Princes or Magistrates whatsoever, halding their place, which hereafter shall happen in any time to Raign and beare rule over this Realm, at the time of their Coronation and receipt of their Princely Authority, make their faithfull promise by Oath in the presence of the Eternall GOD, that during the whole course of their lives, they shall serve the same Eternall GOD to the utmost of their power, according as he hath required in his most Holy Word contained in the Old and New Testament, And according to the same Word, shall maintain the true Religion of Christ Jesus, the Preaching of His most Holy Word, and due and right ministration of His Sacraments now received and Preached within this Realm, And shall abolish and gainstand all false religion contrary to the same, And shall rule the people committed to their charge according to the Will and Command of GOD revealed in his Word, and according to the lovable Lawes and Constitutions received within this Realm, And shall procure to the utmost of their power to the Kirk of God and the whole Christian People, true and perfect peace in all time comming, And that Justice and Equity be keeped to all creatures without exception.” Which Oath was sworn, first by King James the 6, and afterwards by King Charles at his Coronation, and is inserted in our Nationall Covenant, which was approven by the King, who lately Reigned: As long therefore as his Majesty who now Reignes, refuses to hearken to the just and necessary desires of State and Kirk, propounded to his Majesty for the Security of Religion, and safety of his People, and to engage and oblige himself for the performance of his Duty to his People, It is consonant to Scripture and reason and the Laws of the Kingdom, that they should refuse to admit him to the exercise of his Government, untill he give satisfaction in these things.

3. In the League and Covenant which hath been so solemnly sworn and renewed by this Kingdom, the Dutie of defending and preserving the Kings Majesties Person and Authority is joyned with and subordinat unto the dutie of preserving and defending the true Religion and Liberties of the Kingdoms: And therefore his Majestie standing in opposition to the just and necessary publick desires concerning Religion and Liberties, it were a manifest Breach of Covenant, and a preferring of the Kings interest to the interest of Jesus Christ, to bring him to the exercise of his Royal power, which he, walking in a contrary way, and being compassed about with Malignant counsels, cannot but employ unto the prejudice and ruin of both.

4. Was not an Arbitrary Government and unlimited power, the fountain of most of all the Corruptions both in Kirk and State? And was it not for restraint of this, and for their own just defence against Tyranny and injust violence, which ordinarily is the fruit and effect of such a power, that the Lords People did joyn in Covenant, and have been at the expense of so much blood, pains and treasure these yeers past? And if his Majestie should be admitted to the exercise of his Government before satisfaction given, were it not to put in his hand that Arbitrary Power, which we have upon just and necessary grounds been so long withstanding, and so to abandon our former Principles, and betray our Cause?

5. The King being averse from the Work of Reformation and the instruments thereof, and compassed about with Malignant and disaffected men, whom he hearkens unto as his most faithfull Counsellers, and looks upon as his best and most Loyall subjects, We leave it to all indifferent men to judge, whether his Majestie, being admitted to the exercise of his Power before satisfaction given, would not by such Counsells endeavour an overturning of the things which GOD hath wrought amongst us, and labour to draw publick administrations concerning Religion and the liberties of the Subject, unto that course and channall in which they did run under Prelacie, and before the Work of Reformation: Which we have the more cause to fear, because his Royall Father did so often declare, that he conceived himself bound to employ all the power that GOD should put in his hands to the utmost for these ends; and that he adheres as yet to his Fathers Principles, and walkes in his way, and hath made a Peace with the Irish Rebels, by which is granted unto them the full liberty of Popery.

6. It is no strange nor new thing for Kingdoms to preserve Religion and themselves from ruine, by putting restraint upon the exercise of the power and Government of those who have refused to grant those things that were necessary for the good of Religion and the Peoples safety; There have bin many precedents of it in this and other nations of old, and of late. Upon these and other important considerations, It shall be the wisdom of every one who dwell in the Land, to take heed of such a temptation and snare, that they be not accessory to any such designes or endeavours, as they would not bring upon themselves, and upon their families, the guilt of all the detriment that will undoubtedly follow thereupon to Religion and the Covenant, and of all the miseries and calamities that it will bring upon his Majesties Person and throne, and upon these Kingdoms; Such a thing would in all appearance be the undermining and shaking, if not the overthrowing and destroying of the work of Reformation: And therefore whosoever attempt the same, oppose themselves to the Cause of GOD, and will at last dash against the Rock of the LORDS Power, which hath broken in pieces many high and lofty ones since the beginning of this Work in these Kingdoms: And it is unto us a sure Word of Promise, That whosoever shall associate themselves, or take counsell together, or gird themselves against GOD and His Work, shall be broken in pieces.

It is not onely joyning in Arms with the Malignant partie, that all these who would keep their integritie has need to beware of, but also subtill devices and designes, that are promoted by fair pretexts and perswasions to draw men to dispense at least with some part of these necessarie desires, that are propounded to his Majestie for securing of Religion. After many turnings and devises the foundation of the unlawfull Engagement was at last laid by his Majesties Concessions in the year 1648. Wherein though many things seemed to be granted, yet that was denied, without which Religion and the Union betwixt the Kingdoms could not have been secured: And it is probable, that such a way may be assayed again, and prosecuted with very much cunning and skill to deceive and insnare the simple. It doth therefore concern all ranks and conditions of persons to be the more warie and circumspect, especially in that which concerns the Nationall Covenant, and the Solemn League and Covenant, that before his Majestie be admitted to the exercise of his Royall Power, that by and attour the Oath of Coronation, he shall assure and declare by his Solemn Oath under his hand and seal his allowance of the Nationall Covenant, and of the Solemn League and Covenant, and obligation to prosecute the ends thereof in his Station and Calling, and that he shall for himself and his successours, consent and agree to Acts of Parliament, injoyning the Solemn League and Covenant, and fully Establishing Presbyteriall Government, the Directory of Worship, the Confession of Faith and Catechisme, as they are approven by the Generall Assembly of this Kirk and Parliament of this Kingdom, in all his Majesties Dominions, and that he shall observe these in his own Practise and Familie, and that he shall never make opposition to any of these, nor endeavour any change thereof. Albeit the League and Covenant be despised by that prevailing party in England, and the Work of Uniformity, thorow the retardments and obstructions that have come in the way, be almost forgotten by these Kingdoms; yet the obligation of that Covenant is perpetuall, and all the duties contained therein are constantly to be minded, and prosecuted by every one of us and our posterity, according to their place and stations: And therefore we are no lesse zealously to endeavour, that his Majestie may Establish, and swear, and subscribe the same, then if it were unanimously regarded and stuck unto by alt the Kingdom of England, for his Majestie swearing and subscribing the League and Covenant, will much contribute for the Security of Religion, his Majesties happinesse, and the Peace of his Kingdoms.

As it is incumbent to all, who live in this Kirk and Kingdom to be watchful and circumspect, so it concerns these of the High and Honourable Court of Parliament and their Committees, in a special way to see to their duty, and to be straight and resolute in the performance of the same; Their former proceedings is unto us a sufficient evidence and ground of hope, that they will not be wanting in any necessary testimony of dutie and Loyalty that they owe to the King, by using all just and seasonable endeavoures for obtaining satisfaction of his Majestie, that so he may be established upon his Thrones; And we trust, that upon the other hand, the sence of their obligation to God, and his Oath that is upon them, will make them constantly to adhere to their former Principles, resolutions, and desires concerning Religion and the Covenant, that reall satisfaction may be had thereanent, before the King be put in the exercise of his power; And that they will carefully provide for the safety of the Kingdom, both in regard of intestine dangers, and in regard of invasion from without: It is not long since they, together with the rest of the Land, made solemn Publick Confession of Compliance with Malignants, carnall confidence, following of self interests, and hearkening to the Counsells of flesh and blood, And did in a speciall way engage themselves to comply, and seek themselves and their own things no more, to abandon the counsels of their own hearts, and not to rely upon the Arm of flesh, and to purge Judicatories and Armies from Profane and scandalous persons; And God forbid that they should so soon forget, or neglect so necessary duties, and fall again unto so great and grievous transgressions. We trust that they will seek the things of CHRIST, and not their own things, that they will hearken to His Word, and not walk in the imaginations of their own hearts, that they will relie upon the Arm of the LORD, and not upon the arm of flesh, that they will be wary and circumspect in decerning the dispositions and affections of those whom they put in trust, and that, seeing this Kingdom hath so much smarted, and been so often deceived by compliance with Malignants, they will carefully avoid this snare, in regard of those who were upon the former unlawfull Engagement, and be tender in bringing in of such; And wee cannot but exhort them in the Name of the LORD, to take notice of the Oppression of the People and Commons in the Land, by the lawlesse exactions of Land-Lords, Collectours and Souldiers. We do not justifie the murmurings and grudgings of those, who, preferring the things of the world to the Gospel and things of Jesus Christ, repine at necessary burthens, without which it is not possible that the Land can be secured from invasion without and insurrection within, or the Cause and People of GOD be defended from enemies: It is the duty of every one who hath taken the Covenant, willingly and with a cheerfull minde to bestow their means and their pains as they shall be called thereunto, in an orderly way: Yet should these to whom God hath committed the Government, take care that they be not needlessely burthened, and that none grind their faces by oppression, not only by making of Lawes against the same, but by searching out of the cause of the poor, and by executing these Lawes timously upon these that oppresse them, that they may find real redresse of their just grievances and complaints, and be encouraged to bear those burthens which cannot be avoyded.

As the Parliament have begun, so we hope they will continue, to purge out all these from trust, that are not of known integrity and affection to the cause of God, and of a blamelesse and Christian conversation, and that they and the Officers of the Army in their respective places, will seriously mind, and speedily and resolutely goe about the removing from the Army all malignant and scandalous persons, and also the removing of Sectaries when any shall be found therein, that they may give real evidence that they did not deal deceitfully with God, in the day that they engaged themselves thereto.

Albeit wee hope and pray that those who beare charge in our Army, will from the remembrance of the Lords goodnesse to them, and the honour that he hath put upon them, endeavour to carry themselves faithfully, and straightly; Yet it cannot be unseasonable to warn them to take heed of tentations, and to beware of snares that they be not drawn to indifferencle or neutrality in the cause of God, much lesse unto connivance at, or compliance with the courses and designes of malignants or Sectaries, but to stick closely by the same, and to be zealous against all the enemies and adversaries thereof: And it concerns souldiers to be content with their wages, and to doe violence to no man, but as they are called unto the defence of the cause and people of God, so to behave themselves in such a blamlesse and Christian way, that their cariage may be a testimony to his cause, and a comfort to his people; So shall our Armies prosper, and the Lord shall goe out with them.

But most of all it concerns the Ministers of the Gospel whom God hath called to give warning to his people to look to their duty; It is undeniably true, that many of the evils wherewith this Kirk and Kingdome hath been afflicted in our age, have come to passe because of the negligence of some, and corruptions of others of the Ministry; Whilest some fell asleep, and were carelesse, and others were covetous and ambitious, the evil man brought in Prelacy, and the Ceremonies, and had farre promoted the Service-Book, and the Book of Cannon; and the course of backsliding and revolting was carried on, untill it pleased God to stirre up the spirits of these few, who stood in the gap to oppose and resist the same, and to begin the work of Reformation in the Land; Since which time, the silence of some Ministers, and compliance of others, hath had great influence upon the backsliding of many amongst the people, who upon the discovery of the evill of their way, complain that they got not warning, or that if they were warned by some, others held their Peace, or did justifie them in the course of their backsliding; We can look upon such Ministers no otherwise then upon those that are guilty of the blood of the Lords people, and with whom the Lord will reckon for all the breach of Covenant, and defection that hath been in the Land. The priests lips should preserve knowledge, and they should seek the law at his mouth, for he is the messenger of the Lord of Hosts; But such are departed out of the way, and hath caused many to stumble at the Law, therefore hath the Lord made them contemtible and base before all the people, according as they have not kept his wayes, but have been partiall in his law; Because they have lost their favour, he hath cast out many of them as unsavoury salt: But such as have been faithfull, as he hath preserved them from the violence and fury of men, so hath he verified his word in their mouths, both against his enemies, and concerning his people and his work; And makes them see, though not all their desires concerning the Gospel, and the work of God in the land, yet very much of the fruit of their labour, by preserving the doctrine and all the ordinances of Jesus Christ in their purity, and adding in some measure thereto the power and life thereof. We doe therefore charge all the Ministers of the land, before God and the Lord Jesus Christ, who shall judge the quick and the dead at his appearing in his Kingdom, as in every thing to be ensamples of a good conversation, and to walk without offence, that the ministry be not blamed; So to take heed unto the flock over which the Holy Ghost hath made them overseers, to declare unto them all the Counsell of God, and to give them timous warning concerning every danger and duty, and to hold forth unto them the solid grounds of reall consolation, by which they may be encouraged and comforted in all their trials and afflictions; that they may be free of the blood of all men, and have this as a ground of rejoycing, even the testimony of their consciences, that in simplicity and godly purenesse, not with fleshly wisdome, but by the grace of God they have had their conversation in the world, and have exhorted and comforted and charged every one committed unto them as a Father doth his children. Especially, Ministers are to be careful to be much in discovering the temptations, and pressing the duties of the times, that these who are under their charge may know what to avoid, and what to embrace and pursue: If all the Watchmen in the Land shall give warning, and blow the Trumpet at once, it shall not be easie for enemies to prey upon the people of God. Wee know no cause why any whom God hath called to preach the Gospel, should be afraid to speak boldly in the Name of the Lord; since God hath given so manifest a testimony of his care and protection, in preserving them, these yeers past, who have striven to be faithfull to him who hath called them, from all the fury and malice of haters of the work of God and of the Kingdom of his Sonne Jesus Christ, who hath promised to be with his servants unto the end of the world.

Albeit the Land be involved in many difficulties, and compassed about with great and iminent dangers, yet there is hope and ground of consolation concerning this thing. The Lord is in the midst of us, and we are called by his name, our eares hear the joyfull sound of the Gospel, and our eyes see our Teachers; We behold the arm of the Lord stretched out daily in working salvation for his people, and answering their desires upon their enemies by terrible things in righteousnesse; Although we be but few in number, yet the Lord of Hosts is with us, and in the power of his strength we shall be able to prevaile; Although our land be filled with sin, yet we have not been forsaken of the Lord our God, but he hath alwayes had compassion upon us, and delivered us in all our distresses; Although some of understanding fall, it is but to try, and to purge and to make white even to the end, because it is yet for a time appointed; Although many cleave to us by flatteries, yet there be a remnant who keep their integrity, and the Lord shall doe good to these that be good, but such as turn aside to crooked wayes, shall be led forth with the workers of iniquity.

The Lords people in England and Ireland, who adhere to the cause and Covenant, may be perplexed, but shall not despair; they may be persecuted, but shall not be forsaken; they may be cast down, but shall not be destroyed: And although uniformity, and the work of Reformation in these lands, seem not only to be retarded, but almost pluckt up by the roots, and the foundations thereof razed; Yet the seed wᶜʰ the Lord hath sowen there, shall again take root downward, and bear fruit upward; The zeal of the Lord of Hosts shall performe this.

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30 July, 1649. Ante Meridiem. Sess. XXX.

Act concerning Catechising.

The Generall Assembly taking to their serious Consideration the great darknesse and Ignorance, wherein a great part of this Kingdom lyeth, together with the late Solemn Engagement, to use all means for remedy thereof, doe ordaine every Minister with assistance of the Elders of their severall Kirk sessions to take course, that in every house where there is any who can read, there be at least one Copie of the Shorter and Larger Catechisme, Confession of Faith and Directorie for Familie-worship. And doe renew the Act of the Assemblie August 30, 1639, for a day of weeklie Catechising, to be Constantly observed in every Kirk, And that every Minister so Order their Catethetick Questions, as thereby the People, (who doe not conveen all at one time but by turns unto that exercise) may at every dyet have the chief heads of saving knowledge in a short view presented unto them, And the Assembly considering that notwithstanding of their former Act, these dyets of weekly Catechising are much slighted and neglected by many Ministers throughout this Kingdome, Doe therefore Appoint and Ordaine every Presbytery, to take triall of all the ministers within their bounds once at least in the halfe year, whither they be carefull to keep weekly dyets of Catechising: And if they shall finde any of their number negligent herein they shall admonish for the first fault, and if after such admonition they shall not amend, The Presbyterie for the second fault shall rebuke them sharply, and if after such rebuke they doe not yet amend, they shall be suspended.

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4 Aug., 1649. Ante Meridiem. Sess. XL.

Commission for Publick Affaires.

The General Assemblie Considering how necessary it is for preservation of Religion in this Kingdom, and procecution of the work of uniformity in all his Majesties dominions, That the Commissions formerly granted to that effect be renewed: Therefore they doe renew the power and Commission granted for the Publick affairs of the Kirk by the Generall Assemblies held at Saint Andros 1642, and at Edinburgh, 1643, 1644, 1645, 1646, 1647, and 1648, unto the persons following, viz. Master Alex. Rollock, John Murray, Thomas Lundie, John Freebairne, Geo. Murray, Harie Livingston, William Major, Hew Henderson, Samuel Austine, Mr Gavin Young, David Laing, William Maxwell, John Maccleland, James Erving, Robert Ferguson, John Scot, Thomas Wylie, Hew Eccles, John Bell, Iohn Nevoy, William Gutherie, Iohn Hammiltoun, Hew Peebles, Alex. Douglas, Harie Semple, David Dickson, Pat. Gillispie, James Durham, Robert Bailie, William Hammiltoun, Francis Aird, Iames Nasmith, Richard Inglis, William Summervale, Evan Cameron, Robert Blare, Samuel Rutherfoord, Iames Wood, Iohn Macgill Elder, Alex. Balfoure, William Roe, Iohn Moncreife, Fredrick Carmichaell, Herie Wilke, William Oliphant, George Pitillo, Iohn Robeson, Iames Thomsone, William Rate, Da. Campbell, Andro Cant, Jo. Menzes, Andro Abercromby, Robert Sheyn, William Forbes, Iohn Paterson, Duncan Forbes, William Chalmers, Iohn Annand, William Falconer, Murdoch Mackenzie, Robert Jameson, Gilbert Marshell, Jo. Dallase, Wil. Smyth, Robert Hume, Tho. Suintoun, Iames Stratoun, Jo. Douglass, Iames Gutherie, Tho. Donaldson, Will. Iameson, Iohn Livingstoun, Iohn Scot, Andro Dunkeson, Iohn Dalzell, Arthur Forbes, Iames Fleming, Iames Robison, Hew Campbel, Robert Douglasse, Mungo Law, George Leslie, John Adamson, James Hammiltoun, Iohn Smyth, Hew Mackell, Geo. Hutchison, Patrick Fleming, John Hay, Ephraim Melvill, John Roe, Gilbert Hall, George Benet, Kenneth Cogie, Iohn Crafurd, Ministers: Archbald Marquesse of Argyle, E. of Sutherland, Alex. E. of Eglintoun, Iohn E. of Cassels, Will. E. of Lothian, the Viscount of Arbuthnet, David L. Elcho, ______ Lo. Brichen, Rob. Lo. Burly, Iames Lo. Couper, Sir Archbald Johnstoun of Waristoun Clerk Register, Sir Daniel Carmichael Thesaurer Depute, Sir John Hope of Craighall, Mr George Winraham of Libbertoun, Mr Alex. Person of Southhall, Brodie of that ilk, four of the ordinary Lords of the Session, Arthur Ersken of Scotscrage, Laird of Wauchtoun, Sir David Hume of Wedderburne, Laird of Edzell, Laird of Nidrie, Sir William Scot of Harden, Laird of Greenheid, Laird of Freeland, Laird of Cesnock, Sr. Iames Stewart of Kirkfield, the Laird of Suintoun younger, Laird of Eight, Sir Iames Fraser, Sir Thomas Ker, Laird of Fernie, Sir Rob. Adair, Sheriff of Tiviotdail younger, Tutor of Pitsligo, Sir Iohn Chiesly, Laird of Englistoun, Laird of Leslie younger, La. of Dunbeth, La. of Watertoun, Sir Io. Smyth, Mr Alex. Colvill of Blair, Whitbank younger, La. of Grenock, Galloshiels younger, Buchchantie, Crachlaw, Cloberhil, Dalserfe, Mr Robert Burnet younger, Mr Tho. Murray, Iames Eleis, Laird Kennedie, Alex. Iaffray, Iames Sword, George Porterfeild, Mr Rob. Barclay, Hew Kennedey, Will. Glendoning, Thomas Macbirnie, Rob. Lockart, Mr Iames Campbel, Iohn Carsane, Iohn Boswell, Alex. Douglasse, Mr Alex. Skeen, William Broun, Elders; Giving unto them full Power and Commission to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government in this Kirk, against all who shall endeavour to introduce any thing contrarie thereunto; And for prosecuting, advancing, perfecting and bringing the works of uniformitie in Religion in all his Majesties dominions to a happy conclusion conform to the former Commissions granted by preceding Assemblies thereanent.

And to that effect appoints them or any nineteen of them whereof 13 shall be Ministers, to meet in this Citie to morrow the 7 of this instant, and thereafter upon the second Wednesday of Novemb. February and May next, and upon any other day, and in any other place they shall think fit: Giving also unto them full power, to send Commissioners to the Kingdom of England, for prosecuting the Treatie of Uniformitie as they shall find conveniencie, and to give instructions and Commissions to that effect conform to former Commissiones granted hereanent: And Likewise in case delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases The Assembly gives to the persons before named power of censuring Compliers and persons disaffected to the Covenant, according to the Acts of the Assembly, Declaring alwayes and providing, that Ministers shall not be Deposed, but in one of the quarterlie meetings of this Commission; And further authorizes them as formerlie, with full power to make Supplications, Remonstrances, Declarations and Warnings, to Indict Fasts and Thanksgivings as there shall be cause, to protest against all encroachments upon the Liberties of the Kirk, and to Censure all such as Interrupt this Commission or any other Church Judicatorie, or the execution of their Censures, or of any other sentences or Acts Issuing from them; And with full power to them to Treat and Determine in the Matters referred unto them by this Assemblie, as fullie and freelie as if the same were here fully expressed, and with as ample power as anie Commission of anie former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the Authoritie of this Commission in matters intrusted to them, shall be holden as opposers of the Authoritie of the General Assemblie, and this Commission in their whole Proceedings are Comptable to and Censurable by the next General Assemblie.

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Directorie for Election of Ministers.

When any Place of the Ministrie in a Congregation is vacant, it is Incumbent to the Presbyterie with all diligence to send one of their number to Preach to that Congregation who in his doctrine is to represent to them the necessitie of providing the place with a qualified pastor, and to exhort them to fervent prayer and supplication to the Lord that he would send them a Pastor according to his own heart: As also he is to signifie that the Presbyterie out of their care of that Flock will send unto them Preachers, whom they may hear, and if they have a desire to hear any other, they will endeavour to procure them an hearing of that person or persones upon the sute of the Elders to the Presbyterie.

2. Within some competent time thereafter, the Presbyterie is again to send one or more of their number to the said vacant Congregation, on a certain day appoynted before for that effect, who are to conveen and hear sermon the foresaid day; which being ended, and Intimation being made by the Minister, that they are to goe about the Election of a pastor for that Congregation, the Session of the Congregation shall meet and proceed to the Election, the action being moderated by him that Preached; And if the people shall upon the intimation of the Person agreed upon by the Session acquiesce and consent to the said person, Then the matter being reported to the Presbyterie by Commissioners sent from the session, they are to proceed to the triall of the person thus Elected, And finding him qualified, to admit him to the Ministry in the said Congregation.

3. But if it happen that the Major part of the Congregation dissent from the person agreed upon by the Session, In that case the matter shall be brought unto the Presbyterie, who shall Judge of the same; And if they doe not find their Dissent to be grounded on Causlesse prejudices, they are to appoynt a new Election in manner above specified.

4. But if a lesser party of the Session or Congregation shew their dissent from the Election without exceptions relevant and verefied to the Presbyterie, Notwithstanding thereof the Presbyterie shall go on to the trials and ordination of the person elected; yet all possible diligence and tendernesse must be used to bring all parties to an harmonious agreement.

5. It is to be understood that no person under the Censure of the Kirk because of any scandalous offence is to be admitted to have hand in the election of a Minister.

6. Where the Congregation is disaffected and Malignant, in that case the Presbyterie is to provide them with a Minister.

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6. Aug., 1649. Ante Meridiem. Sess. Ult.

A Brotherly Exhortation from the General Assembly of the Church of Scotland, to their Brethren in England.

The many and great obligations which lie upon us in reference to our Brethren in England, who hold fast their integrity, and adhere to the Solemn League and Covenant, together with the desire which we have to testifie our Sympathie with them in their afflictions, and to preserve so far as in us lieth that fellowship and correspondence that hath been entertained betwixt the Church of Scotland and England these years past, do call upon us and constrain us not to be silent in this day of their trouble and distress.

Albeit the Lord (who hath his fire in Zion, and his furnace in Jerusalem) hath now for a long time past, afflicted these Kingdoms with many and sharp rods, and that his wrath seems not yet to be turned away, but his hand stretched out still; yet in all this, it becomes us who live in these Lands to stop our mouthes, neither can any impute iniquity to the most High.

It is rather a wonder, that any mercy should be continued, and that England and Scotland are not cut off from being Nations, seeing the back-slidings and provocations of both has been so many and so grosse; Although the Solemn League and Covenant was sworne and subscribed by both, yet have many in both despised the Oath of GOD, as appears by the late unlawfull Engagement against the Kingdom of England, contrived and carried on by a prevailing party of Malignants in this Land, and by the proceedings of the Sectaries in England, in reference to Religion and Government.

We shall not insist upon what hath been the condition and carriage of the Lords People in this Land in reference to the late unlawfull Engagement: As we desire to magnifie the power and loveing kindenesse of the Lord, who enabled all the Judicatures of this Church, and a considerable part of the Parliament, and the body of the Land, to dissent from, and bear Testimony against the same, which made the House of Commons in their Letter directed to the last General Assembly or their Commissioners, to declare, that that Engagement could not be looked on as a Nationall breach; So we look upon it as a wonder of his Wisdom and Mercy, that he hath disposed and directed the same for the furtherance of his Work in our hand, and purging his House amongst us. All this cometh forth from the Lord of Hosts, who is wonderful in Counsel and Excellent in Working. Neither was it the least part of the Lords goodnesse to us, in that day of our strait that we were led in a plain path, and kept from compliance with Sectaries on the one hand, no less than with Malignants on the other. We have obtained this mercy to be steadfast to our old principles, in bearing free and faithfull Testimony against their proceedings, both in reference to Toleration and Government, and the taking away of the Kings life.

And as the danger and judgement which threatens the Authors and Abettors of these things, doth affect our Spirits with horrour, and maketh us desire that it may be given to them of God to repent: So we should conceive our selves void of Christian affection and compassion toward those in England, who suffer for the truth and Cause of God, if we were not very sensible of all their present troubles and calamities. It is no small grief to us, that the Gospel and Government of Jesus Christ are so despised in that Land that faithfull Preachers are persecuted and cryed down, that Toleration is established by pretext of Law, and maintained by Military power, and that the Covenant is abolished and buried in oblivion. All which proceedings, cannot but be looked upon as directly contrary to the Oath of God lying upon us, and therefore cannot eschew his Wrath when he shall come in Judgement, to be a swift witnesse against those that swear falsly by his Name.

These things are the more grievous to us, because (beside many other wofull evils brought forth by them) they have interrupted the building of the Lords House in England; the foundation whereof was laid by Oath and Covenant with the most High God, and followed for some years with many Declarations and Protestations of Faithfull adhering thereto, and with great expense of blood and Treasure: Which things were to all the godly in these Nations a branch of hope, that the Lord would bring to perfection the Work of Uniformity (so far advanced in all the parts thereof) in these three Kingdoms.

But the great obstructions and sad interruptions that have been made therein, by the strange and unexpected practises of many now in place and power in England, are to all the welaffected in both Kingdoms, and in all the Churches abroad, the matter of their sorrow and humiliation. And if there be any place left for admonition, we Warn such as have forgotten the Covenant, and despised the Oath of God, and turned aside to lies and errour, to consider whence they are fallen, and to repent. Prosperity and success for a time are no warrantable evidences of a good Cause, nor sufficient guards against the wrath of God; It is no good use of the Lords mercy for such men under pretext of Liberty to make both themselves and others slaves to corruption, and to make all men both in Church and State like the fishes of the Sea, or the creeping things that have no Ruler over them. Are these things according to the Word of God, and the pattern of the best Reformed Churches? Or is that the endeavour to bring the three Kingdoms to the nearest uniformity that may be in Doctrine, Worship, Government, and Discipline; Or is that the maintaining of the union betwixt the three Kingdomes, when the straitest bond thereof is utterly dissolved and quite taken away, and the fundamentall Government by King and Parliament wholly overturned? The just God who is of pure eyes beholds these things, and shall with no lesse fury and indignation break the horn of these men, then he hath broken the power, and brought down the pride of Malignants before them, if repentance prevent not.

Amidst those fears and griefes, it is unto us matter of rejoycing, that there be many in England who mourn for all these abominations, and labour to keep their garments pure by refusing to comply with that course of backsliding, and by bearing testimony against the same. And we hope the expectation of such, shall not be disappointed, but that the Lord will open to them a doore of hope for carrying on of his work, and making the lying spirit to passe out of that land.

And albeit many think no otherwise of the Covenant and work of Reformation, then as a mean to further their own ends; yet we are confident, that none who holds fast their integrity, have so learned Christ, but are carefull to make conscience of the oath of God lying on them; And we are sure (whatever be the base thoughts and expressions of backsliders from the Covenant) it wants not many to own it in these Kingdomes, who (being called thereto) would seale the same with their blood.

Although there were none in the one Kingdome who did adhere to the Covenant, yet thereby were not the other Kingdom nor any person in either of them absolved from the bond thereof, since in it we have not only sworne by the Lord, but also covenanted with him. It is not the failing of one or more that can absolve others from their duty or tye to him; Besides, the duties therein contained, being in themselves lawfull, and the grounds of our tye thereunto moral, though others do forget their duty, yet doth not their defection free us from that obligation which lyes upon us by the Covenant in our places and stations. And the Covenant being intended and entred into by these Kingdoms, as one of the best means of stedfastnesse, for guarding against declining times; It were strange to say that the back-sliding of any should absolve others from the tye thereof, especially seeing our engagement therein is not only nationall, but also personall, every one with uplifted hands swearing by himselfe, as it is evident by the tennor of the Covenant.

From these and other important reasons, it may appear that all these Kingdomes joyning together to abolish that oath by law, yet could they not dispense therewith; Much lesse can any one of them, or any part in either of them doe the same. The dispensing with oathes hath hitherto been abhorred as Antichristian, and never practised and avowed by any, but by that man of sin; therefore those who take the same upon them, as they joyn with him in his sin, so must they expect to partake of his plagues.

As we shall ever (God willing) be mindfull of our duty to the faithfull that adhere to the Covenant in England, having them alwayes in our hearts before the Lord, so we desire to be refreshed with their singlenesse and boldnesse in the cause of God, according to their places. This is the time of their triall, and the houre of tentation among them; blessed shall they be who shall be found following the Lamb, and shall not be ashamed of his testimony. We know in such dark houres, many are drawne away with the multitude, whom the Lord will again purge and make white; And we doubt not but many such are in England, whom the bold and clear preaching of Christ may reclaim; Much therefore lieth upon the Watch-men at this time, that their Trumpet may give a certain and distinct sound, warning and exhorting every one, as those that must give account; And blessed shall those servants be, who shall be found faithfull in their Lords house, distributing to his houshold what is meet for this season, and can say they are free of the blood of all men, having shewen them the whole Counsell of God, being in nothing terrified of the threats of their adversaries; And blessed and happy shall that people be, that walk in the light holden forth by them, and staye upon the Lord in this dark time, harkning to the voyce of his servants, and walking in the light of his word and not in the sparks of their owne kindlings, which will end in sorrow. How inexcusable will England be, having so foulie revolted against so many faire testimonies, which the Lord Christ hath entred as Protestations to preserve his right, in these ends of the earth long since given unto him for his possession, and of late confirmed by Solemne Covenant. Christs right to these Kingdomes is surer then that he should be pleaded out of it by pretended liberty of Conscience, and his begun possession is more pretious to him, then to be satisfied with a dishonourable toleration. All that yet we have seen, doth not weaken our confidence of the Lords glorifying the house of his glory in these lands, and of his sonnes taking unto him his great power, and reigning in the beauty and power of his Ordinances in this Island. His name is wonderfull, and so also are his workes, we ought not therefore to square them according to our line, but leave them to him, who hath the government laid upon his shoulder, all whose wayes are judgement, and whose ruling these Kingdoms had never yet reason to decline. It is good for us to [be] stedfast in our duty, and therein quietly to wait and hope for the salvation of God. The word of promise is sure, (and hath an appointed time) that he that will come shall come and will not tarry. There is none hath cause to distrust the Lords word to his people; It hath often to our experience been tryed in the fire, and hath ever come forth with a more glorious lustre. Let not therefore these that suffer in England cast away their confidence, they are not the first who have needed patience after that they had done the Lords will. But let them strengthen the weak hands, and confirm the feeble knees, and say to the fearfull in heart, be strong, fear not, behold your God will come with vengeance, even God with a recompence, he will come and save you. Now the just shall live by faith, whereas these that draweth back, or become lukewarm in the Lords work, his soul shall ahhorre them, and he shall spue them out of his mouth. But we perswade our selves of better things of these our brethren in England, and prayeth that the God of Peace who brought again from the dead our Lord Jesus, that great Shepheard of the sheep, through the blood of the everlasting Covenant, may make them perfect in every good work to doe his will, working in them that which is well-pleasing in his sight through Jesus Christ, to whom be Glory for ever. AMEN.

* * * * *

Act for a Collection for entertaining High-land Boyes at Schooles.

The Generall Assembly Considering that the contribution of fourty shillings for entertaining of Highland boyes at Schools, in respect of the penury and great indigence of those parts hath not taken the intended effect, Therefore in respect of the necessity and profitablenesse of so pious a Work The Assembly in lieu of the said fourty shillings Do Appoint and Ordain that there be an extraordinary collection at the Kirk doors for that use one Sabbath in the year: And to that effect, that a certain Sabbath yearly be appointed and designed whereupon that collection shall be gathered, intimation being made by the Minister the Sabbath before to prepare for such a collection, and the necessity and usefulnesse thereof being laid out to the people for that end. And if the collection in any little private Congregation shall be lesse then fourty shillings, The Session shall make up what wants of fourty shillings; And where the collection is more, it is hereby specially inhibited and discharged that any part thereof be retained or interverted to any other use whatsomever; And these Collections shall be sent to the persons formerly appointed to receive the fourty shillings, that they may see the right distribution and employment thereof; Recommending to Presbyteries to see this punctually performed. And accompt thereof shall be craved at Synods and Generall Assemblies. It is alwayes to be remembred that the Congregations exeemed from the fourty shillings are also exeemed from this Collection.

* * * * *

Commission for a conference of Ministers, Lawyers and Physitians, Concerning the tryal and punishment of Witchcraft, Charming and Consulting.

The Generall Assembly Taking to their serious consideration the growth of the sins of Witchcraft, Charming and Consulting, notwithstanding the frequent Recommendations for restraining thereof; And remembring that the Generall Assembly 1647, did propose A good way for the tryall and punishment of these sinnes, by appointing conferences with some Ministers, Lawyers and Physitians in that matter which hath never yet taken effect; Therefore the Assembly doth Appoint Masters Robert Dowglas, Robert Blair, Mungo Law, James Hammilton, John Smith, Robert Traill, George Leslie, John Hamilton, John Duncan, Samuel Rutherfoord, James Wood, John Leviston, James Guthrie, Andro Cant, David Calderwood, John Moncreiff, Frederick Carmichael, James Durhame, Patrick Gillespie, Robert Ker, Ephraim Melvill, Ministers To consider seriously of that matter, And to consult and advise therein amongst themselves, As also with Sir Archbald Johnston of Wariston Clerk Register, Mr Thomas Nicolson his Majesties Advocate, Mr Alex. Peirson, one of the ordinary Lords of Session, Sir Lewes Stewart, Mr Alex. Colvill, and Mr James Robertson, Justice Deputes, Mrs Rodger Mowet, John Gilmoir, and John Nisbet, Lawers; and with Doctors Sibbald, Cunninghame, and Purves, Physitians, severally or together as occasion shall offer; And the Assembly earnestly requests and confidently expects from these learned and judicious Lawyers and Physitians beforenamed, their best endeavours and concurrence with their brethren of the Ministrie for advise and counsell herein, and for conference in the said matter; And Ordaine the said brethren to make report of the result of their consultations and conferences from time to time as they make any considerable progresse to the Commission for publick affairs, And the said Commission shall make report to the next Generall Assembly.

Recommendation for maintenance of Schoolmasters and Precenters.

The Generall Assembly doe humbly Recommend to the Parliament or Committee for plantation of Churches, that whatever either in Paroches of Burghs or Landwart, was formerly given to the maintenance of these who were readers precentors in Congregations, and teachers of Schooles before the establishing of the Directory for publick Worship, may not be in whole or in part alienat or taken away, but be reserved for the maintenance of sufficient schoolmasters and precentors who are to be approven by the Presbyterie; And Presbyteries are hereby required to see that none of that maintenance given to the foresaid uses or in use to be payed thereunto before the establishing of the Directory of Worship, be drawn away from the Church.

* * * * *

Act concerning persons to be admitted Bursars.

The Assembly doe hereby Ordaine That none be sent to Universities from Presbyteries, nor be admitted as Bursars of divinitie, but pious youths, and such as are known to be of Good expectation and approven abilities.

* * * * *

Reference to the Commission for publick affaires, for re-examining the Paraphrase of the Psalmes, and emitting the same for publicke use.

The Generall Assembly Having taken some view of the new Paraphrase of the Psalmes in meetter with the corrections and animadversions thereupon sent from severall persons and Presbyteries, And finding that they cannot overtake the review and examination of the whole in this Assembly; Therefore now after so much time and so great paines about the correcting, and examining thereof from time to time some yeares bygone, that the worke may come now to some conclusion, They do Ordain the Brethren appointed for perusing the same during the meeting of this Assembly, viz. Masters James Hammiltoun, John Smith, Hew Mackail, Robert Traill, George Hutcheson and Robert Lowrie, after the dissolving of this Assembly to goe on in that worke carefully, And to report their travels to the Commission of the Generall Assembly for publick affaires at their meeting at Edinburgh in November; And the said Commission after perusall and re-examination thereof, is hereby authorized with full power to conclude and establish the Paraphrase, and to publish and emit the same for publick use.

* * * * *

Letter to the Kings Majestie.

MOST GRACIOUS SOVERAIGNE,

Wee your Majesties most humble and Loyall Subjects, the Commissioners from all the Presbyteries in this your Majesties ancient Kingdome, and members of this present Nationall Assembly, Having expected to finde at our meeting, a gracious and Satisfactory returne to those humble representations made to your Majestie at the Hague, by the Commissioners of this Kirk, Cannot but expresse our great sorrow and griefe, that your Majesties goodnes has been so far abused, As that not only the just and necessary desires presented by them to your Majestie, which so much concerne the glory of God, your owne honours and happinesse, the peace and safety of your Kingdomes, are utterly frustrated, as wee perceive by the paper delivered in answer to them: but also this Assembly hath not received so much as any signification by letter of your Majesties minde: Which princely condescension had not wont to be wanting in your royall Father, to former Generall Assemblyes, even in times of greatest distance. Our witnesse is in heaven, and record on high, that wee are not conscious to our Selves of any undutifull thought or disloyall affection, that might have procured this at your Majesties hands; And that, as wee doe from our hearts abominate and detest that horrid fact of the Sectaryes against the life of your Royall Father our late Soveraigne, So it is the unfained and earnest desire of our soules, that the Ancient Monarchicall government of these Kingdoms, may be established and flourish in your Majesties person all the dayes of your life, and be continued in your royal Family which by divine providence hath without interruption raigned over us and our predecessors for so many Generations since the time that we were a Kingdom, And that there is nothing under the glory of God, and cause of our Lord Jesus Christ, for which wee doe more heartily solicite the throne of grace, Or would more readily expose unto hazard all that is deare to us in the world, then for this. And now though this very great discouragement might incline us to hold our peace at this time; Yet the tendernesse and uprightnesse of our affection and Love to your Majesties happinesse (which many waters cannot quench) together with the Conscience of our duty which our Lord and Master has laid upon us, in this our place and station, constraineth us, yea, and your Majesties owne goodnesse and gracious disposition, whereof the late Commissioners have given us so Large a testimony, Doth much encourage us, to renew our addresses to your Majestie in this humble faithfull representation, both of the great and growing dangers to your Royall person and Throne, and of these duties, which the Lord of Lords and King of Kings, call for from you, as you would look to finde favour in his eyes, and to be delivered out of your deepe distresses.

Our hearts are filled with fears and troubles, in your Majesties behalf, when we look upon the sad calamities which have been already produced by such wayes and courses, as we perceive your Majestie is entred, and in danger to be further led away into, by the prevalency of evill Councell upon your tender age; Particularly, Your refusing to give satisfaction to the just and necessary desires of the people of God, for advancing the work of reformation of Religion, and establishing and securing the same in your Majesties Dominions, which is nothing else, but to oppose the Kingdome of the Sonne of God, by whom Kings doe raigne, and to refuse that hee should raigne over you and your Kingdomes in his pure Ordinances of Church government and Worship; Your cleaving unto these men as your trustiest Counsellors, who, as they have never had the glory of God, nor good of his people before their eyes, so now in all their wayes and Counsels, are seeking nothing but their owne interests, to the hazard of the utter subversion of your Throne, the ruine of your Royall Family, and the desolation of your Kingdomes; Your owning the practises, and intertaining the Person of that flagicious man, and most justly excommunicate Rebell, James Graham, who has exercised such horrid cruelty upon your best Subjects in this Kingdom, which cannot but bring upon your Throne, the guiltinesse of all the innocent blood shed by him and his Complices; and above all, that, which we cannot think upon without trembling of heart and horrour of spirit, Your setling of late such a Peace with the Irish Papists the Murderers of so many thousands of your Protestant Subjects, whereby not only they are owned as your good Loyall Subjects, but also there is granted unto them (contrary to the Standing Lawes of your Royall Progenitors, contrary to the commandment of the most high God, and to the high contempt and dishonor of his Majestie, and evident danger of the Protestant Religion) a full liberty of their abominable Idolatry; which cannot be otherwise judged, but a giving of your Royal power and strength unto the beast, and an accession to all that blood of your good Subjects, wherewith those Sonnes of Babell have made that Land to swim.

We do in all humility beseech your Majestie to consider and lay to heart what the mouth of the Lord of Hosts hath spoken of all the accompts of People, Nations, Kings, and Rulers against the Kingdom of his Son, that they imagine a vaine thing and that he that sitteth in heaven will have them in dirision and vex them in his sore displeasure. Consider, how he hath blasted and turned upside downe these yeares by past, all the devices and plots of those men that now beare the Swey in your Majesties Counsels: Consider how the anger of God has been kindled, even against his dearest Saints, when they have joyned themselves to such men as he hateth and has cursed: Consider, how severely hee hath threatned and punished such Kings as have associate with Idolaters, and leaned unto their helps. Surely great is the wrath of God, whereof you are in danger; And yet the Lord in the riches of his goodnesse, forbearance and long suffering, is waiting to be gracious to your Majestie; To day if ye will heare his voice, harden not your heart, but humble your self under the mighty hand of God, lamenting after him as, for the iniquities of your Fathers house, especially the opposition against the reformation of Religion and Cause of God, the permitting and practising Antichristian Idolatry in the Royall Family it self, and the shedding of so much blood of the people of God, so also, for your owne entering to walke in the like courses in the beginning of your raign. It is high time to fall downe before the Throne of grace, seeking to get your peace made with God through Jesus Christ whose blood is able to wash away all your sins, To walk no longer in the Councel of the ungodly, nor cleave to such as seeke their own things and not the things of Jesus Christ, nor the welfare of your Subjects and Government, but to set your eyes upon the faithfull in your dominions, that such may dwell with you, and be the men of your Councells, To serve the Lord in feare, and kisse the Sonne of God, by a sincere and cordiall contributing your Royall allowance and authority, for establishing in all your dominions the reformation of Religion, in Doctrine, Worship, and Government as it is now agreed upon according to the cleare and evident warrant of the word of God, by the Assembly of Divines at Westminster, and the Generall Assemblies of this Church; And also, laying aside that service book, which is so stuffed with Romish corruptions, And conforming your owne practise and the worship of God in your Royall Family, to that Gospell simplicity and purity which is holden forth from the word of God, in the Directory of worship, and not only to grant your Royall approbation to the Covenant of these three Kingdomes (without which, your people can never have from you sufficient security, either for Religion, or their just liberties) but also your selfe to joyne with your people therein as the greatest security under Heaven for your person and just greatness, and to cause all of them stand to it by your Royall Command, according to the practice of that gracious King Josiah, to whom, wee wish your Majestie in these your younger yeares, and this begining of your reigne, to look as to an ensample and Kingly portract approven of God. These things if your Majestie do; As wee are well assured, that the hearts of all your good Subjects in these Kingdomes will be enlarged with all cheerfulnesse to imbrace your person, and submit unto your Royall Government, so wee darre promise in the Name of our Lord, that you shall finde favour with God, peace and joy unspeakable and full of glory to your Soule, and deliverance out of your sad afflictions and deep distresses in due time: But if your Majestie shall go on in refusing to hearken to wholesome Councels; We must for the discharge of our Conscience tell your Majestie in the humility and griefe of our hearts, that the Lords anger is not turned away, but his hand stretched out still against you and your Family. But wee hope, and shall with all earnestnesse and constancy pray for better things from, and to your Majestie: And whatsoever misconstruction (by the malice of those that desire not a right understanding and cordiall conjunction between your Majestie and this Kirk and Kingdome) may be put upon our declaration; Yet wee have the Lord to be our witnesse, that our purpose and intention therein is no other, but to warne and keepe the people of God committed to our care, that they runne not to any course which would bring upon themselves the guilt of highest perjury and breach of Covenant with God, and could not but prove most dangerous to your Majestie and your Government, and involve you in shedding the blood of those who are most desirous to preserve your Majesties Person, and just right in all your dominions. And now wee doe with all earnestnes beseech your Majestie, that you will follow the courses of truth and peace; And that when there is a doore opened for your Majestie to enter to your Royall Government over us, in peace, with the favour of God, and cordiall Love and imbracings of all your good Subjects, You will not suffer your selfe to be so farre abused and misled by the Councels of men, who delight in War, as to take a way of violence and blood, which cannot but provoke the most high against your Majestie, and alienat from you the hearts of your best Subjects, who desire nothing more, than that your Majestie may have a long and happy raign over them, And that they may live under you, a peaceable and quiet life, in all Godlinesse and honesty.

Your Majesties most Loyal Subjects and humble servants the Ministers and Elders conveened in this Nationall Assembly of the Kirk of Scotland.

Edinburgh, 6 August, 1649.

* * * * *

The Generall Assembly not having now time to consider the Reference of preceding Assemblies, and the most part of Presbyteries not having sent their opinions in writ; Therefore do yet againe recommend to Presbyteries and Provincial Assemblies to consider all matters referred by this or by any former Assemblies, And to send their opinions therein in writ to the next Generall Assembly.

* * * * *

The meeting of the next Generall Assembly is hereby appointed to be at Edinburgh, the second Wednesday of July, 1650.

A. KER.

INDEX of the UNPRINTED ACTS of the ASSEMBLY, 1649.

1.—Election of Mr Robert Douglas, Moderator. Sess. 1.

2.—Act concerning the Commission from Ireland. Ib.

3.—Committee for Refers and Appeals. Sess. 2.

4.—Committee for Bills and Overtures. Ib.

5.—Committee for publick business. Ib.

6.—Committee for tryall of the Synod Books. Ib.

7.—Committee for tryall of the proceedings of the Commissioners of the Generall Assembly. Ib.

8.—Renovation of the Commission for visiting University of Saint Andrews. Ib.

9.—Recom. Gedeon Morise to the Committee of Estates. Ib.

10.—Order for speaking the Earl of Abercorne for payment of the bygone stipends of Kilpatrick. Ib.

11.—Recom. bussines of Ireland to the Committee for publick bussines. Sess. 3.

12.—Continuation of Generall Major Midleton to the 9 of July. Ib.

13.—Committee for the Psalmes. Ib.

14.—Ref. of the Protestation of Mr Iames Morison to the Committee of Refers. Ib.

15.—Act Concerning the papers committed by the Parliament for corespondence. Sess. 4.

16.—Continuation of particular References from the Commission of the General Assembly untill the report thereof be brought in from the Committee of Refers. Ib.

17.—Committee for considering the Earle of Eglingtouns Bill concerning Mr Iames Ferguson. Ib.

18.—Committee for conference with the Committee of dispatches. Ib.

19.—Committee for conference with Mr Walter Comrie to satisfie him in his transportation to Inneraray. Ib.

20.—Continuation of the Lord Ogilvy to the 17 of that instant. Sess. 5.

21.—Continuation of G. M. Midleton untill Fryday next. Ib.

22. Letter to the Brethren of the Presbyterie of Carrickfergus. Ib.

23.—Continuation of the Commission for visitation of the University of Glasgow. Ib.

24.—Ratification of the act of the Presbytery of St Andrews concerning the agreement betwixt the Laird of Anstruther and the Parochiners. Ib.

25.—Act recommending to the Brethren to make out the descriptions of these parts of the Kingdom not yet described. Ib.

26.—Remitt. Elizabeth Armestrange to the Province of Dumfries. Ib.

27.—Act for a Minister to Colonel Gilbert Ker his Regiment. Sess. 6.

28.—Recom. Mr Robert Iamesone to the Parliament. Ib.

29.—Letter from Rivet. Ib.

30.—Order for presenting to the Parliament the report of the Commissioners sent to his Majestie, and for printing thereof. Ib.

31.—Committee for revising a Tactate of Chronologie. Sess. 7.

32.—Committee for considering the Petition of the Town of Edinburgh for Ministers and professors. Ib.

33.—Approbation of the act of transportation concerning Mr Walter Comrie. Ib.

34.—Committee for correcting the paraphrase the Psalmes. Ib.

35.—Ref. to the Committee for publick busines to consider the petitions given in by the Engagers, and report. Sess. 8.

36.—Committee for appointing Ministers to preach. Ib.

37—- Recom. concerning the Minister of Glencorse to the Parliament and Exchequer. Ib.

38.—Approbation of the sentence of deposion against Mr Harie Guthrie not withstanding of his appeale. Sess. 9.

39.—Act appointing sumonds to be direct against Mr Harie Guthrie. Ib.

40—Approbation of the Deposions of Mr Iohn Allane, Mr Andrew Ieffray, and Mr Harie Schaw. Ib.

41.—Approbation of the depositions of Mr Alexander Monroe, Mr David Monroe, and Mr Thomas Rosse. Ib.

42.—Approbation of the suspensions of Mr Donald Rosse, Mr William Rosse, Mr Iohn Hosack: with the Ref. concerning Mr David Rosse, Mr Robert Williamson, Mr Walter Stewart, Mr George Monroe, and Mr Andro Andersone to the next visitation. Ib.

43.—Deposition of Mr Patrick Graham sumtime Minister at Holme. Ib.

44.—Committee for conference with the Officers that were upon the Engagement. Sess. 10.

45.—Recom. Mr Alexander Smith for his stipend to the Parliament. Sess. 11.

46.—Deposition of Mr Iames Aitkin. Ib.

47.—Admonition to the visitation of Rosse. Sess. 12.

48.—Act for laying aside the Commission from the Presbyterie of Orknay. Ib.

49.—Order for Generall Major Midleton appearing with certification. Ib.

50.—Order for citation of Mr Andro Ramsay and Mr William Colvill. Sess. 13.

51.—Ref. Mr Edward Wright and Mr Andro Keir to their Presbyteries. Ib.

52.—Ref. Mr George Haliburton and Mr Archibald Drumond to the visitation of Stirling and Dumblane. Ib.

53.—Ref. to Commission for publick affaires concerning the providing a Collegue to the Minister of Air. Sess. 14.

54.—Order for citing of witnesses in the matter of Mr Thomas Ramsay, elder. Ib.

55.—Reposition of Mr William Cowper to the office of Schoolmaster in Channerie. Sess. 15.

56.—Approbation of the Deposion of Mr Iames Lundie. Ib.

57.—Act and Ref. concerning Mr Walter Swinton. Ib.

58.—Ref. concerning Mr Patrick Smith, and approbation of his suspension. Ib.

59.—Act and Ref. concerning Mr Iohn Home for farther tryall. Ib.

60.—Approbation of the suspension concerning Mr Ia. Edger, and Ref. concerning him. Ib.

61.—Deposition of Mr Andro Rollock. Ib.

62.—Ref. Mr William Sinclair to the visitation of Dunce. Ib.

63.—Ref. concerning Mr William Home. Ib.

64.—Approbation of the diligence of the visitors of Dunce and Chirneside. Ib.

65.—Committee to meet with the Committee of Parliament for considering and revising the proceedings of the visitation of Saint Andrews. Ib.

66.—Continuation of the bussines concerning Mr James Durhames transportation till the morne. Sess. 16.

67.—Recom. for incarcerating one delated for witchcraft. Sess. 17.

68.—Committee for conference with the Lord Ogilby. Ib.

69.—Recom. officers come from Ireland. Ib.

70.—Committee for conference with the Earle of Galloway. Ib.

71.—Recom. Helene Gordoun to the Parliament. Ib.

72.—Answer to the Petition given in for the Earles of Dumfermling and Lauderdaile. Ib.

73.—Recom. of the relict of umquhile D. Sharpe to the Parliament. Ib.

74.—Ref. Mr Iohn Logie to the Synod. Sess. 18.

75.—Committee for presenting overtures and desires to the Parliament, concerning the Mosse troopers. Ib.

76.—Committee for considering Mr Alexander Smiths condition. Ib.

77.—Ref. Liev. Col. Ker to his Presbyterie. Ib.

78.—Ref. concerning Pitfoddells younger, Urquhart of Old Craig, and Thomas Menzies, to the visitation of Angus and Merns. Ib.

79.—Ref. Sir Iohn Weymes of Bogie to his Presbyterie. Ib.

80.—Ref. Sir Iohn Mackenzie and Lievtenant Collonel David Weymes to their Presbyterie. Ib.

81.—Ref. Thomas Rutherfurd to his Presbyterie. Ib.

82.—Ref. Liev. Will. Sutherland to his Presbytery. Ib.

83.—Ref. Andro Wardlaw to the Presbyterie of Kirkcadie. Ib.

84.—Ref. certaine persons accessory to the late unlawful engagement to their Presbyteries.

85.—Ref. Augustine Hoseman to the Presbyterie of Edinburgh. Ib.

86.—Ref. Hary Steuart to the Presb. of Edinb.

87.—Ref. Mrs Edward Wright, Andrew Keir, and Robert Keyth to the Presbyterie of Lithgow. Ib.

88.—Ref. Mrs James Guthrie in Angus, Tho. Pearson, and Silvester Jamie to the visitation of Angus. Ib.

89.—Ref. Mr George Halyburton and Mr Arch. Drummond to the visitation of Stirling and Dumblane. Ib.

90.—Recom. the division of Libberton and Quodqhen to the Presbyterie of Biggar. Ib.

91.—Ref. Mr Iohn Crichton to the Presbyterie of Glasgow and Paislay. Ib.

92.—Ref. the Laird of Kelhead to his Presbyterie Sess. 19.

93.—Ref. the Laird of Innes younger to the Presbeterie of Taine. Ib.

94.—Commission to the Presbyterie of Kelso for examining Margret Ker. Ib.

95.—Recom. to the Parliament of the Petition of the Commissioners of Argyle. Sess. 20.

96.—Act appointing some brethren to assist Iohn Greirson in discussing his suspension. Ib.

97.—The Assemblies addition and their judgement concerning the Petitions which were to have been presented to the last G. Assembly. Ib.

98.—Act declaring Mr Alexander Smith to be transportable. Ib.

99.—Committee for the collectors accompts and Alex. Blairs bill. Ib.

100.—Act refusing the transportation of Mr Iames Durham to Edinb. Ib.

101.—Ref. E. of Galloway to his Presbyterie. Ib.

102.—Ref. Major Alexander Forbes to the Presbyterie of Kincardin. Ib.

103.—Ref. Col. David Barclay to the Commission for publick affaires. Sess. 21.

104.—Committee for considering the matter concerning the transportation of Mr Neill Cameron. Ib.

105.—Report from the Committee of appeales concerning Mr Iohn Hay his taking up of his appellation. Ib.

100.—Deposition Mr Alexander Keyth. Ib.

107.—Ref. E. of Queensberie to his Presbyterie. Sess. 22.

108.—Committee to confer with Mr Petrick Hamiltoun. Ib.

109.—Act concerning Mr Patrick Hammiltoun. Ib.

110.—Recom. for assisting the petition of the people of Athole for dividing Paroches and planting of Kirks. Ib.

111.—Committee for preparing a report in the matter concerning G. M. Midleton. Sess. 23.

112.—Act for citing the E. of Abercorne. Ib.

113.—Committee for conference with Mr Harie Gutherie. Sess. 25.

114.—Approbation of the report of the Committee appointed to revise the proceedings of the visitation of the university of Saint Andros. Ib.

115.—Ref. D. Barron and Mr Thomas Glagge to the Presbyterie of St Andrews. Ib.

116.—Ref. Mr Thomas Rosse to the Presb. of Dingwall. Ib.

117.—Warrand for printing a Tractat of Chronologie. Ib.

118.—Recom. of the Petition to the Parliament for erecting the Kirkes of Fairnie. Ib.

119.—Recome. of the Petition of D. Sharps relict to the Parliament. Ib.

120.—Ref. Mr Harie Cockburne to his Presbyterie. Ib.

121.—Order from citing of Mr Andrew Ramsay and Mr William Colvill. Ib.

122.—Act for visiting the Hospitalls and Mortifications. Ib.

123.—Recom. for changing the manse of Mr Charles Archibald, Minister at ____________ to a more comodious place. Sess. 25.

124.—Recom. of the petition of Mr Robert Scot Minister at Ettleston to the Commission for planting of Kirks. Ib.

125.—Recom. concerning the disuniting of the paroch of Abirchirdar. Ib.

126.—Ref. for the matter concerning the transportation of Mr Neill Cameron. Ib.

127.—Act sustaining the Appeals of the parochiners of Northberwick, with an order for citing the Minister and parochiners of Baro to answer in the cause. Ib.

128.—Ref. Earle of Abercorne to the Presbyterie of Paislay. Ib.

129.—Continuation of the matter concerning Mr Andro Ramsay till the morne. Ib.

130.—Continuation of Mr William Colvill till the morne. Ib.

131.—Recom. of the petition of the towne of Couper to the Commission for planting of Kirks. Sess. 26.

132.—Recom. the Officers come from Ireland to the honorable Estates of Parliament Ib.

133.—Deposition of Mr Iohn Graham sometime Minister at Auchterardor. Ib.

134.—Approbation of the sentence of Deposition of Mr David Drumond, sometime Minister at Lithgow. Ib.

135.—Recom. Mr Iohn Nairne. Ib.

136.—And for giving in the appeals and References to the Assembly. Ib.

137.—Approbation of the report concerning the Collectors accompts. Sess. 27.

138.—Act in favours of Alexander Blaire. Ib.

139.—Act for giving up Mr Hary Guthries appeal upon his desire to cancel the same. Ib.

140.—Continuation of Mr Andro Ramsayes businesse till the morne. Ib.

141.—Deposition of Mr William Colvill. Ib.

142.—Intimation if any doubt upon the Declaration to come to the Committee. Ib.

143.—Order for writing a letter to Mr Theodor Haack for hasting forth the Dutch Annotations upon the Bible. Sess. 28.

144.—Deposition Mr Andro Ramsay. Ib.

145.—Commission for visitation of the University of Aberdeen. Sess. 29.

146.—Recom. Mr Gilbert Mershell for a competent maintenance, to the Commission for planting of Kirks. Ib.

147.—Recom. Mr George Clerk for a charitable supplie. Ib.

148.—Commission for visitation of the university of Saint Andros. Ib.

149.—Ref. to the Commission for publick affairs for planting the place of the provest of the old colledge of Saint Andros. Ib.

150.—Committee for examining witnesses in the matter concerning Mr Tho. Ramsay, with an order for citing witnesses not appearing. Ib.

151.—Act in favours of Mr William Douglas. Sess. 30.

152.—Act appointing Ministers to preach in Edinburgh during the siting of the Assembly. Ib.

153.—Ref. Mr Iames Affleck to the visitation of Angus and Merns. Ib.

154.—Committee for considering the petition of the Towne of Stirling. Ib.

155.—Act in favours of Mr Thomas Ireland, Minister at Weyme. Ib.

156.—Act permitting Iohn Gillon to exercise his gift publickly. Ib.

157.—Commission for visiting the Colledge of Edinburgh. Ib.

158.—Recom. to the Parliament for reparation of the losses of Mr Alexander Ferreis, Mr Robert Iamesone, and Mr Iohn Keyth. Sess. 31.

159.—Ref. Mr Richard Maitland to the visitation of the universitie of Aberdene. Ib.

160.—Act in the matter concerning the Kirk of Dairsay. Sess. 32.

161.—Remitt. the matter concerning Iames Rosse of Banneil to the Presbyterie. Ib.

162.—Act exeeming the Presbyterie of Dunkeld from payment of the fortie shillings for the highland boyes. Ib.

163.—Ref. Iohn Maxwell younger of Calderwood to the Presb. of Hamilton. Ib.

164.—Ref. of the Earle of Athols bill for planting the Kirk of Dunkeld to the visitation of the Presbyterie of Dunkeld. Ib.

165.—Commission for visitation of Rosse, Sutherland, and Caithness. Ib.

166.—Commission for visitation of Stirling and Dumblane. Ib.

167.—Commission for visitation of Angus and Merns. Ib.

168.—Commission for visitation of Dunse and Chrynside. Ib.

169.—Continuation of the matter concerning the transportation of Mr Iohn Stirling to Northberwick till the morne. Sess. 33.

170.—Approbation of the sentence of deposition of Mr William Wilkie. Sess. 34.

171.—Suspention of Mr Robert Balcancol with Ref. to the Commiss. for publick affairs. Ib.

172.—Recom. Helene Ersken to the Parliament for a charitable supplie. Ib.

173.—Reposition of Mr Marten Makilwrae, with a Recomendation to the Synod of Argyle to settle him in some charge in the Ministery. Ib.

174.—Ref. my Lord Cochrane to the Commission for publick affaires. Sess. 35.

175.—Ref. of the petition of Iames Sanders to the visitation of hospitalls. Ib.

176.—Act in favours of Violet Dauling, spouse to Mr George Hanna. Ib.

177.—Act refusing the transportation of Mr Iohn Stirling of Northbarwick. Ib.

178,—Ref. to the Commission for publick affaires for planting the Kirk to Northberwick. Ib.

179.—Committee for conference with the Earle of Lithgow. Sess. 36.

180.—Ref. of the Articles for election of Ministers to the Committee for publick busines with intimation to all that have objections to come there. Ib.

181.—Act in favours of Mary Hay spouse to Mr Richard Maitland. Ib.

182.—Ref. Mr Alexander Monroe to the visitation of Rosse. Ib.

183.—Recom. for Mr Alexander Monroe his three hundred merks of augmentation. Ib.

184.—Ref. Mr Thomas Ramsay to the visitation of Dunce and Chirnside, with continuation of his suspension in the meane time. Ib.

185.—Commission for visitation of the Kirks in the Hieland. Ib.

186.—Commission for visitation of Dunkeld. Ib.

187.—Recom. Ionet Andro to the Parliament. Ib.

188.—Recom. Mr Iohn Rosse to the Presbytery of Kincardin for supplie out of the vacand stipends. Ib.

189.—Order for presenting the Declaration to the Parliament and for desiring that the acts given in may be passed. Ib.

190.—Act concerning Kircurds passing from his appeal, and a recommendation to the Presbyterie of Peebles for further dealing with him. Ib.

191.—Petition to the Parliament in favours of the laird of Glenurchie. Ib.

192.—Petition in behalfe of Doctor Sharps relict to the Parliament. Ib.

193.—Letter to their Brethren in Ireland. Sess. 37.

194.—Committee for conference with Generall Major Medleton. Ib.

195.—Ref. certain persons accessory to the late unlawful engagement to the Commission for publick affaires. Ib.

196.—Ref. Alexander Urquhart of Craighouse to the visitation of Rosse. Ib.

197—Recom. Agnes Maxwell for a charitable supplie to the Parliament. Ib.

198—Ref. for planting the Kirke of Kircaldie. Sess. 38.

199.—Ref. Earl of Lithgow to his Presbyterie. Ib.

200.—Ref. for planting the Kirk of Lithgow to the Commission for Publick affaires. Ib.

201.—Ref. for planting the Kirk of Stirling. Ib.

202.—Ref. for planting the Kirk of Dunce. Ib.

203.—Ref. for planting the vaiking Kirkes of Edinburgh, and the vaiking places of the professors of divinitie there. Ib.

204.—Ref. for planting the Kirk of Dunkeld. Ib.

205.—Ref. to the Commission for publick affaires concerning the education of the Earle of Athole. Ib.

206.—Ref. Mr Colin Mackenzie and Mr David Monroe to the visitation of Rosse. Ib.

207.—Act for collecting the history of these latter times. Ib.

208.—Recom. of persons for charitie. Ib.

209.—Recom. Iulian Wilkie for charitie. Ib.

210.—Recom. concerning the Kirk of Bervie to the Commission for planting of Kirks. Ib.

211.—Act for wryting to Universities for prosecuting the course of Philosophie. Ib.

212.—Recom. Mr Robert Iamesone for some supplie out of the vaiking stipends. Ib.

213.—Ref. concerning the adjoyning the paroch of Mouth hill to the parish of Glasse to the Presbyteries of Strabogy and Fordice. Ib.

214.—Recom. concerning the dividing of the paroch of Turro. Ib.

215.—Ref. Lewis Gordon to the Commission for publick affairs. Sess. 39.

216.—Ref. William Innes of Tippertae to the Presbyterie of Allane to be relaxed. Ib.

217.—Petition to the Parliament concerning exacting Oathes in the cases of custome and excise. Sess. 40.

218.—Commission for visitation of Rosse. Ib.

219.—Commission for visitation of Orknay, Zetland, Sutherland, and Caithnes. Ib.

220.—Act concerning the payment of Ia. Murrayes dews. Ib.

221.—Recom. to Mr Iohn Smith and Mr Iames Hammilton to draw some articles concerning the duties of Elders. Ib.

222.—Ref. Vicount of Kenmure. Ib.

223.—Ref. Doctor Strange. Sess. 41.

224.—Ref. concerning the modification of Alexander Gutherie to the visitation of Angus and Mernse. Ib.

225.—Act and Recom. to the Magistrates of Edinb. for repairing of the Assembly house. Ib.

226. Ref. to the Commission for publick affaires to provide some way for Ministers to say Prayers to the Lords of Session. Ib.

227.—Ref. to the Commission for publick affaires for providing a minister to the Castell of Edinburgh. Ib.

228.—Directory for election of Ministers. Ib.

229.—Ref. Mr George Hannay to the Commission for publick affaires. Ib.

230.—Ref. and Recom. to the Commission for satisfying the paines of the writer of the paraphrase of the Psalms. Sess. 42.

231.—Ref. concerning G. M. Midleton to the Commission for publicke affaires. Ib.

232.—Act concerning the University of Saint Andros during the vacation of the provests place the old Colledge. Ib.

233.—Recom. to the Presbyteries in the North to compt with the Laird of Eight upon the fines of excommunicate persons to be applyed to pious uses and to report to the next Assembly. Ib.

234.—Act appointing Ministers for the Army. Ib.

235.—Ref. Rorie Mackenzie to the visitation of Rosse. Ib.

236.—Ref. Mr William Colvills paper to the Commission for publicke affaires. Ib.

237.—Recom. Presbyteries and Synods to send any informations they can give concerning the passages of these times to the Moderator. Ib.

238.—Recom. for sending the contribution of 40s. for the Highland boyes to the Collectors. Ib.

239.—Ref. to the visitors of Argyle for distribution of the money formerly collected. Ib.

240.—Exemption of Dunkeld of the collection for Argyle. Ib.

241.—Act for continuation of the allowance for dispatches to the next Assembly, with a Recom. for confering with my Lord Regester and the Clerk about the person to be employed in that charge. Ib.

242.—Recom. to the Commission for publick affaires concerning the setling of Mr Iohn Menzies, in the profession of Divinity at Aberdene. Ib.

243.—Ref. for appointing a second Minister in Perth to the Commission for publick affaires. Ib.

244.—Ref. and Recom. Mr William Chalmres to the Synod of Aberdene concerning the supplie of his necessities. Ib.

245.—Declaration concerning the Act granted in favours of Mr Richard Maitlands wife. Ib.

246.—Ref. of the petition of the Earle of Sutherland, in name of the Presbyterie of Sutherland. Ib.

247.—Recom. Mr Iohn Keyth to the Parliament. Ib.

248.—Recom. for dividing the paroch of Ferne to the Commission for planting of Kirks. Ib.

249.—Recom. the disjoyning of the lands of over and nether Dyserts from Brichen to the Commission for planting of Kirks. Ib.

250.—Causes of a public fast. Ib.

251.—Commission for considering the obstructions of pietie and the remedies for removing thereof, and to report to the next Assembly. Ib.

252.—Recom. to the Parliament for punishing counterfeit Testimonialls. Ib.

FINIS.

=Miscellaneous Historical Documents=,

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1649.

1. Excerpts from Principal Baillie’s Letters.

To Mr Spang. Edinburgh, February 7, 1649.

One act of our lamentable tragedy being ended, we are entering again upon the scene. O! if it might be the Lord’s pleasure to perform more happy and comfortable actions than have appeared these years bygone. To the great joy of all, in the midst of a very great and universal sorrow, we proclaimed, on Monday last, the Prince, King of Britain, France, and Ireland. We have sent the bearer, a worthy gentleman, to signify so much to his Majesty at the Hague. We purpose speedily to send an honourable commission from all estates. The dangers and difficulties wherewith both his Majesty and all his kingdoms at this time are involved, are exceeding great and many. The first necessary and prime one (as all here, without exception, conceive) doth put his Majesty and his people both in a hopeful proceeding; and his Majesty’s joining with us in the national covenant, subscribed by his grandfather K. James, and the solemn league and covenant, wherein all the well-affected of the three kingdoms are entered, and must live and die in, upon all hazards. If his Majesty may be moved to join with us in this one point, he will have all Scotland ready to sacrifice their lives for his service. If he refuse, or shift this duty, his best and most useful friends both here and elsewhere, will be cast into inextricable labyrinths, we fear, for the ruin of us all. We know Satan will not be wanting to stir up ill instruments to keep him off from a timeous yielding to this our most earnest and necessary desire; but as it is, and will be, one of all Scotland’s strong petitions to God, to dispose his heart to do his duty without delay; so we will acknowledge ourselves much obliged to any, whom the Lord may honour to be the happy instruments of his persuasion. Many here remember, and are sensible of your great and happy labours, for the clearing of our proceedings, from the very first commotions among us. We trust you will not refuse to be at any needful pains, at this so hard a time, for the service of God, your King, and country, and all the churches here, in their great distress. I wish you made a voyage to the Hague, and dealt with our good friends, Dr Rivet and Dr Spanheim, to insinuate to the King their wholesome advices. Some, as Vossius, Apollonius, and others there, understand so much of our proceedings, that a small desire from any interests would move them to contribute their best helps for his Majesty’s information.

I recommend it therefore most earnestly to you, to bestir yourself in a private clanculary way to further this work. If your, or any other men’s labours be blessed of God to work the present, you will find all here (I shall answer for it) ready to acknowledge, as becomes your pains, by such testimonies, in due time, as shall give you satisfaction. What you do must be done quickly; for every hour’s delay prejudgeth (we know not how much) his Majesty and all his dominions.

* * * * *

Mr Spang to Mr Baillie.

Ye desire me to hasten to the Hague, and deal with such who are like to have credit with the King’s Majesty, for persuading him to do what you require of him, viz. to join with Scotland in both the covenants. The persons whom you designed were either absent out of Holland, as Dr Rivet, Apollonius, or such who are not of credit with courtiers, or such who are known to make use only of the court-favour for their private ends; and therefore I did bethink myself of another mean to effectuate that end, which was, by addressing myself to the Prince of Orange his Highness. For this purpose, I took pains to inform myself, the best I could, of the present posture of counsels suggested to the King’s Majesty, and the reasons for them; and I found, that all these designed by our late Sovereign to be his four counsellors while he was Prince of Wales, viz. Cottington, Andover, Culpepper, and Hyde, advised he should go directly for Ireland. This did James Graham urge also with great vehemency; and if that would not prevail, others were of advice, that the King was to come to Scotland armata manu, because no trust could be given to such who were leading men in our parliament; partly, because they thought there was reason to suspect the sincerity and reality of some who used such a fair invitation only to get the King in their power, whose advancement they thought never more to procure than they did his father’s; partly, because they thought, that though these who invite him do really intend, yet they are not able to maintain him against the English usurpers, if they do not recal their late acts against such who have had a hand in the engagement, and join all their powers together. But this, say they, they will never do, and so they shall not be able to protect the King; but being straitened by the English, will be content to buy their peace with quitting the King. And here, to make this probable, pregnant instances are brought in of my Lord Chancellor’s papers against the delivery of the King to the parliament, pressed by unanswerable reasons, which yet were neglected altogether, by delivery of the King within few months after. The other instance was, of the treating of our commissioners with the late King at the Isle of Wight, and our not performing our promise accordingly. But there is a third party, who, though they be not of the King’s council, yet, out of love to him and their country, rejected the two former projects as bloody, to the utter ruining the King and all Protestants; and did by all means labour to persuade his Majesty to go to Scotland, upon the very same terms they did require; that if he did not go, and that hastily, with a resolution to seal the covenants, he would alienate the hearts of all the Protestants in all his kingdoms from him: and this was pressed by the Earls of Lauderdale, Callendar, and Lanerk, with such evident self-denial of their own interests, as being grievously censured by this present parliament, that had the King been left to himself, it was thought he could not but follow their advice. This honourable carriage of these three noblemen I can bear witness unto, as having heard them protest it in private, and understand it from others also, who are our enemies, and do curse the hour they have been cast here to spoil the game they thought sure. Believe me, I do acknowledge the good providence of God in casting them here at this time. They have done more good than if they had been sitting in parliament.

My next was, to find out whereto the Prince of Orange was inclined. For this purpose, I went to two of the States Generals, of whose intimacy with the Prince’s councils all men did speak. I found them not only clear in their own judgement for the King’s going to Scotland, and embracing the covenant, but that this also was the Prince’s mind. From them I went to sundry others; but from none did I get surer information than from the Lord Beverweert, Governor of Bergen-op-zoom, natural son to Prince Maurice, a nobleman truly pious, and of a public spirit, resolute to employ his credit for religion, and of high account with the Prince, in whose councils he has chief influence.

Now having found whereto the Prince inclined, my next thoughts were to understand so much out of his own mouth, and to confirm in him what good resolution I should find in him; especially to remove some scruples and objections, wherewith many told me he was daily assaulted. For this end, a countryman of ours promised to bring me to the Prince; but performed it not, or at least would have me to wait so long upon it, that I should be made to think it some great favour; for this court-policy, I learned, which made me resolved to go in my old way, and by the mediation of one of his Highness’s counsellors, I was brought into him, and had the freedom of a long hour’s speech, where I found God’s assistance and blessing; his assistance, in enabling me both with words and matter, for it was in Dutch: and his blessing, in making the Prince so attentive to what I said, so desirous to know the true grounds of things, so apprehensive, and so fully resolved with us for his Majesty’s going to Scotland upon the conditions proponed. I shall give you a short and compendious account of what passed then.

After I had thanked his Highness for his favour in granting me so ready audience, and desired to know if I might, with his good liking, propone what I intended in Latin or English, rather than Dutch, he desired me to do it in Dutch. Then I first condoled the parricide of our late King his father; “showed how it was abhorred by the estates of our kingdom; how, contrary to our covenant, the end of which, among other things, was the safety of the King’s person; how not only the state had proclaimed his son to be their King, but the ministry in the kingdom also, according to their places had done their duty, and had given assurance of their loyal affection to our present King, by their letters to him, and by their care that he may be persuaded to shun the wicked counsels which drove his late father to such counsellors; that they had given me orders to deal with all who could contribute any thing to the advancement of this good work; and that I could look upon none from whom I had reason to expect more good than his Highness, who, by being instrumental therein, would gain greater honour than by gaining of towns,” &c.

He answered, “That there was nothing more acceptable to him than that he was looked upon as one who would employ himself for the advancement of religion, and that now, if ever, the reformed religion was in danger; that there were no probable means to prevent the utter extirpation of it, but by espousing the young King’s quarrel; and that he, for his part, could not but pity the young King, torn as it were betwixt such contrary counsels; that the reasons produced by all parties seemed to be specious, yet how fair soever men did shew, he thought it madness for a Protestant to chuse rather to trust to a Papist, than a Protestant who minded truly.” “And if ever,” said I, “any state minded truly, it is our present state; their hastiness in proclaiming, that chearfulness of all joining together, do witness this; and now their readiness to espouse the King’s cause, if he first will espouse God’s cause, though they know any undertakings of this kind to be joined with great dangers.” “But what,” said he, “maybe expected of the ministers?” And here he spoke much of the great influence their advice has on the estates. To this I answered, “That whatsoever any Prince can expect of good subjects, that may our King look for at the hands of the ministers, if he employ his power for the honouring of God; and that all the power they have in the hearts of the people will be for the King’s advantage.” Here he spoke something of the great preciseness of our ministers, who would not be content with that about religion which our late King had granted, and wherewith the parliament of England was well nigh satisfied. Here I was ready to have answered; but he passed this, and spoke of the conditions we require of the King, viz. his accepting and entering into the covenants. And I, at his desire, having explained what these covenants were, and how distinguishable. “Then,” said he, “he will be easily brought to subscribe this covenant which concerns Scotland alone;” (he meant our national covenant;) “but the other covenant betwixt Scotland and England, he feared should find greater difficulty: 1. Because all the King’s counsellors, viz. these four English, would be against it: 2. Because it required a delivery up to justice those who are called malignants: 3. Because, as by subscribing it the King would please us, so he would displease the Papists in Ireland, and all foreign Popish princes, who will not be so foolish as to favour him, whose advancement is the ruin of their religion in his dominions. Other reasons,” says he, “are urged, and I shall propone them ere ye go.” So I began to answer: and, first, “I shewed, that the first covenant of Scotland only provides as great security for religion as the second doth; and therefore the King’s counsellors, who advise him to subscribe the one, and not the other, for fear of displeasing the Papists, speak they know not what; for there is not a Papist who is not more displeased with the first than with the second.” And he asking, “Why are the King’s counsellors so much against it?” I answered, “That they durst not do otherwise than dissuade our young King from the solemn league, since they had ever dissuaded his father from it. If they would now change, the young King, and your Highness, who are so greatly interested, should have reason to look upon them as men whose consciences did condemn them for abusing the father.” Here I took occasion to represent to his Highness, “the great inconvenience of the abode of such counsellors about the King’s person; that if a course was not taken to banish them from his presence, they would readily prove as unhappy instruments to the son as they have been to the father; and that they, or any who advise the King to slight the preservation of Scotland, and to go to Ireland, choosing rather he should not reign than that they should not reign with him; men of whose religion, the world, to this hour, was never satisfied.” So far as I could mark, his Highness seemed not to be displeased with this. “As for the King delivering up of all malignants to justice,” I answered, “the covenants do not require that all malignants should be punished, but only tried, and left to the judgement of the parliament.” “But,” says he, “ye call any man a malignant whom ye please, though he profess he adheres to the covenant, and all his aims are for the ends of it.” Here he brought in, for instance, the acts of our present parliament, declaring all who had any hand for the engagement incapable of any place of trust during their whole lives; “and yet,” says he, “the world did read their declaration, which spake very fair, and the parliament did own that work: I would therefore gladly know who are the malignants; for I find, that there is no argument that so works upon his Majesty as that.” Here I profess I was at a strait. For to have given him such a character of a malignant as the commissioners of the general assembly did give some two years since, that would not have served the turn, the case being now altogether altered, is so far, that he is to be thought more a malignant who approveth the bloody acts of that treacherous crew, now usurping the name of a parliament in England, than any who did ever fight against them; and therefore I came to the distinguishing of malignants, “some whose aims appeared evidently to be for their own selves, either that they might abide in a capacity to tyrannize over their fellow-subjects, or to raise their fortunes, already desperate, by the publick troubles. Such malignants were justly unpardonable; and they had none to blame for the ruin of their families and themselves but their own obstinacy. As for others, in whom it doth appear, that private and by-ends have not set them a work, their case is pitied; and it has ever been the custom of the parliaments of Scotland to fail rather in too great clemency than cruelty.” “Well,” says the Prince, “if ye that are ministers will not employ your utmost credit for uniting of all your country, (I mean not,” says he, “of such who have been bloody obstinate enemies to you,) ye may lose both yourselves and the cause; and I know there is nothing that should more confound the counsels of all your enemies, than to see you forget quarrels among yourselves; for this, they say, How can Scotland, thus divided, be able to do any thing of moment, since the forces of the party which now rules are but little enough to suppress their enemies; I therefore do as earnestly recommend this to you, that you would acquaint your ministers with it, as they by you do recommend their business. If I did not think it tending to the enabling of you to make your party good, I should not open my mouth about it.” Here he enlarged himself very pertinently and full upon the project of an act of oblivion; and told me, “That the party who now rules, will not be so ill advised as to reject this motion, if they would but consider how suddenly things may be changed.” I assure you he could tell me faults committed in our private government, whereof I was wholly ignorant, which he says he learned from the English council, when they were debating about the very lawfulness of our Scottish parliament, whether lawfully indicted, maintaining strongly, that their committee, who called it, had no power, because they had not subscribed the acts of the former parliaments; “but,” said he, “I quickly crushed such a motion in the very shell.”

“But,” says he, “the King, by subscribing that covenant, will disengage all Papists from his service, both in Ireland and elsewhere, and all but Presbyterians; for it obliges the King to root out Papistry every where in his dominions, which he is not able to do in the condition wherein he is.” I answered, “That same argument our late Sovereign used; but how damageful his going about to please Papists was, doleful experience has taught, for Ireland especially. It has been that which has withdrawn the party of the Protestants from him more than any thing else. And what advantage took the Irish Papists at the King’s weakness? When they capitulated with him, what little performances did the King find of their big promises? and since ever he began to meddle with them, did not his condition decay daily? That the condition of Protestants called Presbyterians, in Great Britain and Ireland, is not so mean, but if the King would chearfully join himself to them, as caput et vindex fœderis, there would be no doubt of great and good success. As for the particulars, how much they could do, I durst not take it upon me to speak out. I was sure, that in all Scotland there was not a man who would not be for the King; and for one Independent, there would be found three Presbyterians; and the rest, being either hierachical men, or Papists, if they would not assist the King, they would far less assist the traiterous sectaries.” “I perceive,” says his Highness, “what ye mean; but how many Presbyterians soever there be, if ye live at a distance, as I hear ye do now in Scotland, ye will be able to do nothing at all. It is a work fitting your calling to unite the hearts of all the great men whom you know to be Protestants.” And here I suspecting, that it might be his Highness did mean Montrose, as they call him, who is frequently at court, and more familiar with many than welcome, I said, “I hoped his Highness did not mean of that man, whose apostacy, perjuries, and unheard-of cruelty, had made so odious to all in our country, that they could not hear of his name.” He presently gave me to understand, that he meant not him, or any such; for by the comportment of our Scottish noblemen at court now, he perceives how odious James Graham must be at home; for they will not salute or speak to him; nay, not look where they think he is: and this I have observed with my own eyes. At last, having answered all his questions, I repeated my desire, and humbly prayed his Highness to continue in that holy and wholesome resolution; and to improve his credit with our King, that a satisfactory answer may be given with all haste, shewing the danger of delay.

“But,” said he, “when will the commissioners come to his Majesty?” I answered, “I thought not until the gentleman returned with an answer to Scotland.” He asked me, “If I knew who they should be?” I answered, “I knew not.” “Will any ministers come?” said he. I answered, “That I questioned not but some would come who would be able to satisfy all his Highness’s scruples better than I possibly could.” “I wish,” says he, “some ministers would come, for several reasons.” I replied, “That they shall come the more chearfully, when they shall understand how much your Highness doth engage yourself for persuading the King’s Majesty to go to Scotland, with a resolution to subscribe both the covenants.” Then said the Prince, “Ye may confidently assure them, that I shall do my utmost endeavour; and come ye to me to-morrow, and I shall tell you what you may expect.”

So away went I, and to-morrow, being admitted to his presence, he told me, “He had made it his work yesternight to persuade the King’s Majesty, that the resolution was taken to satisfy the desires of the parliament of Scotland, and that in all haste, letters were to be written of that in answer to what the King received.” And here again he recommended the care of uniting all our noblemen in one, in passing by what faults have been the last year; and told me, it should be most welcome news to him, if I should let him know that any thing was done in reference to this.

Thus, cousin, ye have the substance of that discourse, by which ye may see I have obtained the end of your letter, and that in a fitter way than ye prescribed. I most earnestly intreat you, that you would represent to the reverend brethren of the commission, how much the fame of rigidity, used by them against the last year’s engagers, is like to endanger the reputation of our kirk abroad, and like also to make presbyterial government hateful. My heart trembles when I think of this; for I am certainly informed, by a printer, that that infamous person, who goes under the name of ——, has a big volume ready, of the late practices of the Scottish kirks in the exercise of discipline, which ye may think are willingly furnished to him by some banished Scotsman. 2. That all lovers of our cause and nation do unanimously judge, that there are no probable means of our safety, if we unite not, and pack not up all quarrels amongst ourselves; if there be not an amnesty for the last year’s engagement; for such had reason to challenge the English army overpowering the parliament, for breach of covenants, and that your fears of mischief against the King were not causeless, he is blamed who shall not. If there were faults in the compassing your votes, as I doubt not but there have been very great ones, yet let not desire of justice against these circumstantial failings, lead us to seek the ruin of these men; or, by excluding them from government, deprive the kingdom of their abilities, and weaken ourselves so, that we shall not be able to oppose these treacherous and bloody sectaries to purpose. If any of our reverend brethren had been here to have been ear-witness what three of these Lords, now put in our first classes, did here, in opposition to the English council and Montrose, and all others who were for Ireland, sure I am you would have blessed God who brought them hither in this nick of time. If any commissioners shall come, I entreat you, see that some of the ablest of our ministers come also, who may be able to stand against Dr Stuart and such like, if occasion should serve, and may serve for the honour of our kirks with the Dutch also.

* * * * *

March 19, 1649.—You are not disappointed of your hopes of noble Lauderdale and Lanerk, and I assure you of the Earl of Callender, who told me, in plain terms, that the King may with greater assurance confide in these who now rule with you than in others; ye know whom I mean. If ye come hither, and do not bring a full rescinding of what the parliament has decreed against them, ye will be looked upon as most ingrate men; and none would be more glad of your misery than the English malignants and James Graham, because they do and have so opposed their plots. Likewise, it would be needful that ye remitted much of that rigor which, in your church-assemblies, ye use against ministers who have proven your great friends ever before. It will be better to let your sails fall somewhat lower in time, before a storm compel you; or ye, who think God so highly glorified by casting out your brethren, and putting so many to beggary, making room through such depositions to young youths, who are oft miscarried with ignorant zeal, may be made, through your own experience, to feel what it is, which now, without pity, is executed upon others. Generally the great power which the commission of the kirk exercises, displeaseth all. It is but an extraordinary meeting, and yet sits constantly and more ordinarily than any synod; yea and without the knowledge of provincial synods and presbyteries, deposes ministers, injoins pro auctoritate, what writs they please to be read, inflicts censures upon those who will not read them. If the kirk of Scotland look not to this in time, we will lament it when we cannot mend it. They say four or five rule that meeting; and is not the liberty of the kirk come to a fair market thereby? We have an act, that nothing shall be brought to a greater meeting which has not first been treated of in a smaller; but now your compend of the general assembly, or deputes of it, at the first instance, judge of matters which might be better handled in lesser meetings. For God’s sake, look this course in time be stopped, else the commission of the kirk will swallow up all other ecclesiastick judicatories, and such ministers who reside in and about Edinburgh, shall at last ingross all church-power in their hands. I know their is a piece of prudence hereby used, to get the power in the hands of those who are good; but what assurance, have we but what they may change, or others, following this course, creep into their places? We meet with daily regrets that the ancient ministry are condemned, and the insolence of young ones fostered, the very forerunner of Jerusalem’s destruction. The Lord make us wise in time.

* * * * *

You will do well to consider of the letter, which anno 1646, the assembly wrote to our late king; for the Independents make it a part of the rule they walked by. And, 2dly, They say, that in your last assembly, you have declared that these words of the covenant, where ye speak of defending the king’s person and authority, in defence of religion and liberties, are explained to be a limitation and excluding your obedience to him, except in such acts. And what say these bloody Independents? “Their putting the King to a violent death is not against the covenant: for they have put him to death, not for his defending religion, and the parliament’s liberties, but for going about the overthrow of both.” Think of this.

* * * * *

The Commission’s letter to the King, with Sir Joseph Douglas. Edinburgh, February 7, 1649.

May it please your Majesty,

As we did always acknowledge your royal father his just power and greatness, and poured forth our supplications and prayers to God on his behalf, and do abhor these unparallelled proceedings of sectaries against his Majesty’s person and life, so we do willingly and chearfully acknowledge your Majesty’s most just right of succession to reign as king over these kingdoms; and do resolve, in the power of the Lord’s strength, to continue in prayer and supplication for your Majesty, that you may fear the great and dreadful name of the Lord your God, and reign in righteousness and equity, and the Lord’s people under you, live a quiet and peaceable life, in all godliness and honesty.

These kingdoms, now for many years past, have been involved in many calamities and confusions, by which the Lord’s work hath been obstructed and retarded, and the blood of his people shed as water spilt upon the ground; and we cannot but look upon the counsels of the ungodly as a main cause of all these evils. It hath been the cunning of the Popish, Prelatical, and malignant party, to traduce Presbyterial government, and the Solemn League and Covenant, as destructive to monarchy, and with so much wit and industry they manage those calumnies, that your royal father, to our exceeding grief, was kept at a distance, in his judgement, from these things that do much concern the kingdom of Jesus Christ, the peace and safety of these kingdoms, and the establishing of the king’s throne, and was estranged in his affection from them who tendered his person and authority.

And seeing the Lord now calls your Majesty to succeed to one of the greatest and most important employments upon the earth, which is much heightened by the present condition, it is our earnest desire your Majesty, in the name of the Lord Jesus, whose servants we are, that you would not only shut your ears against calumnies, but avoid the company, and shun the counsels of the ungodly, who study to involve your Majesty’s interest, and that which concerns the preservation of your royal person, and the establishing of your throne with their private interests and ends, and to make your loyal subjects odious, that they only may be gracious; and that your Majesty would avoid all the temptations and snares that accompany youth, and humble yourself under the mighty hand of God, and seek him early, and labour to have your senses exercised in his word; and that your Majesty would establish Presbyterial government, and allow and injoin the Solemn League and Covenant, and employ your royal power for promoting and advancing the work of uniformity in religion in all your Majesty’s dominions. It is by the Lord, who bears rule in all the kingdoms of the sons of men, that kings do reign; and whatever carnal policy suggest to the contrary, there is nothing can contribute so much for securing the kingdom in their hand, as being for his honour, and studying to do his will in all things. Therefore we know not so sure and speedy a way for securing of government in your Majesty’s person and posterity, and disappointing all the designs of enemies, both on the right hand and on the left.

We trust it shall yet afterwards be no grief of heart to your Majesty to hearken unto us in these things, (we have hitherto obtained mercy of God to be constant to our principles, and not to decline to extremes, to own the way either of malignants or sectaries, and we were faithful and free with your royal father, would to God he had hearkened to our advice.) The Lord grant unto your Majesty wisdom to discern the times, and to make use of the opportunity of doing acceptable service to God, and engaging the hearts and affections of your people in the beginning of your Majesty’s reign, by condescending to these necessary things; so shall the Lord bless your Majesty’s person, establish the throne, and our spirits, and the spirits of all his people in these lands, shall, after so many years of affliction, be refreshed and revived, and encouraged certainly to pray for your Majesty, and to praise God on your behalf; and in their places and stations, by all other suitable means to endeavour your honour and happiness, that your Majesty may reign in prosperity and peace over these kingdoms; which is the earnest desire and prayer of

Your Majesty’s loyal subjects and humble servants,

The Commissioners of the general assembly.

* * * * *

Excerpt Letter to the Commission, from Holland. Hague, April 3, 1649.

The commissioners of parliament found it necessary to give in, as previous to their desires, a paper, for removing of James Graham from court. His Majesties answer under his own hand, was, That he desired and expected all our propositions together; to which he hoped to give a satisfactory answer. With this we were not content; but pressed again our desire. The commissioners of Parliament by another paper, and we also by one seconded theirs, a copy whereof we send you herewith. The King’s second answer was an abiding in the first. We had all of us some discourse with his Majesty about the equity and necessity of that our desire; but James Graham hath so many and so powerful friends in the English council, that as yet we cannot get the King to discountenance him.

On Saturday morning we delivered to his Majesty the National Covenant, the League and Covenant, the Directory, the Confession of Faith, the Catechism, the Propositions for government, bound together in a book so handsome as we could get them. We spoke something on the matter, and desired of his Majesty more frequent and private conferences; who shewed his willingness, and promised to send to us to advertise of his fittest opportunities.

* * * * *

The most part of the council are averse from our desires; yet we have our friends. His Majesty is of a very sweet and courteous disposition. It were all the pities in the world but he were in good company. We hope he is not so far rooted in any principle contrary to us, but that, by God’s blessing on our friends labours, he may be gotten to do us reason, whatsoever our fears be for the present. There is a very evil generation both of English and Scots here, who vomit out all their evil humour against all our proceedings. The peace of France, and an unhappy book, Ειχων Βασιλιχη does us much prejudice. Also the supposed death of Huntly is wrested to our disadvantage. Dr Bramhall of Derry has printed the other day at Delft a wicked pamphlet against our church. We have no time, nor do we think it fit, to print an answer; but by the grace of God, shall endeavour, with all faithfulness and diligence, to go about our instructions.

My Speech to the King, spoken at the Hague, March 27, in the Kings bed-chamber, Tuesday, three o’clock in the afternoon.

* * * * *

We do declare, what in our own breasts often we have felt, and generally in the people among whom we live, have seen with our eyes an mournful sorrow for that execrable and tragick parricide, which, though all men on earth should pass over unquestioned, yet we nothing doubt but the great judge of the world will arise, and plead against every one, of what condition soever, who have been either authors or actors, or consenters, or approvers, of that hardly expressible crime, which stamps and stigmatizes, with a new and before unseen character of infamy, the face of the whole generation of sectaries and their adherents, from whose hearts and hands that vilest villany did proceed.

We do also profess, in name of them who have sent us hither, the great joy of all sorts of men in our land for the immediate filling of the vacant throne with your Majesty’s most gracious and hopeful person, earnestly praying, that the light of the Lord’s countenance may shine so bright upon your Majesty’s reign, that the very thick clouds of our present dangers and fears may flee away, and a new morning may spring up, to all your three kingdoms, of greater peace and prosperity, of more righteousness and virtue, especially of more religion and piety, than hath been seen in the days of any, the most pious, the most just, the most prosperous, of all your numerous ancestors.

* * * * *

Mr Robert Baillie to Mr R. Douglas. April 3, 1649.

As yet our fears are great of a sore storm to Scotland; yet yesternight I learned from a great person here, that our affairs, blessed be God, are not desperate. There is no Scotsman that is of the King’s council. The five or six English that are, Cottington, Culpepper, Hyde, Long, and some more, are divided. The most are of Prince Rupert’s faction, who caress Montrose, and press mightily to have the King to Ireland. Culpepper, and some bedchamber-men, as Wilmot, Biron, Gerard, and the master of the horse, Piercy, are of the Queen’s faction, and these are for the King’s joining with us; but all of them are much averse from the league and covenant. The Prince of Orange, and by him all the nobles here, are for the last; and by their means we are hopeful yet to carry his Majesty to our covenant, and the most of our desires for religion; but I dare not promise so much: yet the greatest stick, I suspect, shall be our severe acts of parliament. It seems all here, even our best friends, will be peremptory for a greater mitigation than, I fear, shall be granted by you there. It were verily a great pity of the King. He is one of the most gentle, innocent, well-inclined princes, so far as yet appears, that lives in the world; a trim person, and of a manly carriage; understands pretty well; speaks not much; would God he were amongst us. I send you herewith the copy of what I said to him. Because it was but a transient speech, I give out no copies of it here at all; yet that we spoke so, it did us much good; for heavy slanders lay upon us here, which the report of our speeches helped to mitigate. Our enemies have great hopes, by the French peace, to get powerful assistance from France. I verily think, if the King and we shall agree, assistance shall be got from this state, and the Marquis of Brandenburg, and some others, for good purpose. I pray God guide you there to put no more impediments to our agreeance than are necessary. My heart bleeds to think of a necessity for Scotland to have any friendship for the English sectaries, the worst of men, and a war with our King and countrymen in our own bowels. What relaxation you may grant, with conscience and safely, let it be done freely and publickly with this express. It will admit of no longer delay.

* * * * *

For Mr William Spang. September 14, 1649.

—— I thought to have sent you a particular account of the general assembly as I had done of some others; but the diary I wrote in the time I lost; so I cannot now do it; neither were there much in it worth the remembrance. The leeting of two for the moderator fell to Mr Robert Douglas, the ante penult moderator; Mr Gillespie, the last, was departed, and Mr Blair never thoroughly well since his English journey. He was not able to come to Edinburgh, whereof I was very sorry. The two Mr Robert leeted were, Mr Andrew Cant in earnest, and Mr Mungo Law for a fashion. The three the assembly added were, Mr Robert Douglas, Mr John Livingston and, by equal voices, Mr David Dickson and me; so, without question, the voices for moderation fell on Mr Douglas, whereof my heart was exceeding glad; for I was very feared for it, and it had done me great hurt. The committees were framed according to the custom by the moderator and clerk in private, and read at the next session, without any change considerable. We spent very much time; whole five weeks: I thought a fortnight less might have done our turn. Transportations took up much time, and deposition of ministers. There had been divers commissions, east, west, north, and south, who had deposed many ministers, to the pity and grief of my heart; for sundry of them I thought might have, for more advantage every way, with a rebuke, been kept in their places; but there were few durst profess so much; and I, for my ingenuous freedom, lost much of my reputation, as one who was inclining to malignancy.

My speech to the King, speaking so sharply of his father’s death, and the commendations I gave to himself, in the preface of my book, but especially a passage of a letter wrote from Holland, wherein, to a familiar friend, I spoke of the act of classes as so severe, that it will be needful to dispense with some part of it for the peace of the country: For these things, before the assembly, sundry spoke of me all their pleasure; yet I comforted myself in this, that I knew I was far from the calumny imposed, and that all the wise men I knew professed their agreement with me in the three things named. My unacquaintance with obloquy made my skin at this first assay more tender than needed; for I had so oft in print declared my sense against, not sectaries alone, but malignants also, and that so liberally, in my last book, that I thought in reason I should have been reputed above all suspicion of that crime; yet I was necessitated to drink more of that cup than I did truly deserve: for however in my sermon to the parliament I was as clear as needed, and in my report of our treaty obtained the unanimous approbation and thanks of the whole assembly, now in print; yet I behoved, in sundry voices of the assembly, either to quit the liberty of my mind, or endure the whisperings of my malignancy to continue. This last, though to my great grief, I behoved to chuse. I could not vote to depose Mr William Colvil upon his libel. The man indeed had, in my judgment, been an evil instrument in time of the engagement; yet all that was libelled against him was for mere silence in that engagement. For that alone I could depose no man, for the reasons I gave in the committee of the former assembly, when that act passed to depose for silence alone, if continued in. My mind did never go along with that act; though therefore I knew the whole assembly almost was otherwise minded, and, foresaw the mistake of my voice by some, yet I behoved to vote his suspension to continue, and no farther. As for Mr Andrew Ramsay, more was libelled and proven against him, and all this year he carried himself in a cankered untoward way; yet I told, I could not voice to depose a man of such age and parts; so in that vote I was silent, to the peace of my own mind, though some of my friends wrote sharp letters to me for it. I had also some contest with my neighbours in Mr William Wilkie’s process, whom I judged more hotly pursued than there was cause. But my sharpest contest was for the principal whom I found some men to pursue still, without any ground at all considerable. Contrary to their design, I got him reasonably fair off. These contests, and wrack of my friends, were very bitter to mind, and, joining with the obloquy in the ear against me by some, troubled my spirit sometimes, till I got my grief and wrong vented and poured out to God: for there was no other whom I found able and willing to help me. It was a piece of comfort to me, that the best of the land were, on more probable grounds, taxed for compliance with sectaries than I with malignants, whom yet I knew to be innocent; and that I remembered the cloud of infamy under which super excellent Mr Henderson lay, to my knowledge, till God and time blew it away. I have been ofter and sorer afraid for the wo of Christ to them, whom all the world love and speak good of, than I was grieved for any reproachful speeches which some were begun to mutter against me; but this now is our condition, that the chief in church, state, and army, how innocent soever, are whispered to favour either sectaries or malignants.

* * * * *

I wished earnestly, and so did the Chancellor intreat Mr Robert Douglas, but out of time, that the framing of the declaration should have been committed to another hand than that it fell in; who, how able soever, yet was generally thought to be among the most severe of the company to the King; but this could not be helped. Some clauses we got altered in the committee; yet, as it stands, I much fear it shall prove a division-wall betwixt the King and us for ever. We were always expecting the promised expresses from him, and for that end, some of us held off all we could, determinations of every thing concerned him; but when none did appear, and when at last William Murray had come without any letter or instruction, either private or publick, then there was no remedy, but the declaration and letter, in the style you see it, and the act about the engagers, went out without contradiction, which, as I foresaw and foretold in the Hague, puts harder and more peremptory conditions on the King than there would have given satisfaction. We had greatest debate for an act of election of ministers. Mr David Calderwood was peremptor, that according to the Second Book of Discipline, the election should be given to the presbytery, with power to the major part of the people to dissent upon reason to be judged of by the presbytery. Mr Rutherford and Mr Wood were as peremptory to put the power and voices of election in the body of the people, contradistinct from their eldership; but the most of us were in Mr Gillespie’s mind, in his Miscellanies, that the direction was the Presbyteries, the election the sessions, and the consent the peoples. Sundry draughts were offered. Mr Woods, most studied, was refused; Mr Calderwoods also. Mr Livingston came nearer our mind, yet was laid aside. Mine came nearest the mind of all, and almost had past; but for avoiding debate, a general confused draught (avoiding, indeed, the present question, but leading us into so many questions thereafter as any pleased to make) passed with my consent. But Mr D. Calderwood and Mr John Smith reasoned much against it in face of the assembly; where, against my mind, the Book of Discipline was pressed against them, and a double election made, one before trial, and another after, as if the election before, and the trial by the Second Book of Discipline were given to the people, and that after-trial, before ordination, to the presbytery. This I thought was nothing so, but was silent, being in my mind contrary to Mr David in the main; though, in this incident debate of the sense of the Book of Discipline, I was for him. However, already we find the defect of our act; for, as I conceive and expressed it, so in my draught so much direction in this is due to presbyteries, that they ought to recommend to the session men to be elected, without prejudice of their liberty to add whom they think fit: but I find it the design now of leading brethren, that the presbyteries shall not meddle at all with any recommendations, but leave that wholly to any particular busy man of the presbytery, to whisper in the ear of some leading man of the parish, to get voices to any young man, though never heard in privy exercise, that he, by desires of the people to the presbytery, may be put on trials for such a church. This I find will be the way of our elections, which I think not orderly. However, Mr D. Calderwood entered a very sharp protestation against our act, which he required to be registered. This is the first protestation we heard of in our time; and had it come from any other, he had not escaped censure.

There was a design, at the last assembly, to have got the hands of many ministers to a supplication for moderating, in some things, the power of the commission of the church, which was expounded by this assembly truly to have been the overthrowing, in favour of the malignant party, the power of the kirk. Great din was made for this supplication, to try what was the bottom of it, and a very severe act was made against the thing; yet Mr Douglas carried it so, that no man at all, even the chief contrivers, did suffer any thing for it, upon what ground I could never learn to my satisfaction; whether, because to Mr Robert Laurie, the confessed penner of the principal supplication, impunity was promised for his ingenuous and early confession, and he being secure, others less guilty could not be got punished; or because others foreseeing what necessity there might be for themselves to do more than supplicate a general assembly, had no will that any supplication whatsoever, especially being only intended, and never offered, should be a ground of church censure. However, albeit a terrible act was made against the thing, contrary to my mind, yet no man was to this day called to any account for it, nor, as I hear, shall ever be.

I was much afraid that the subscription required of the engagers should have made many prime men in our land desperate; but I am now very glad that so many offer themselves to do all that is required, as I expect there shall be very few who shall stick upon it, so I wish from my heart that Lauderdale may be moved to do what I found Callender and Dumfermline ready for, when I was there with you; and what I saw in the assembly, Middleton very near, and others, as Galloway, Linlithgow, Ogilvie, Baillie, Innes, Cochran, Kenmure, Fleming, &c. actually to offer. I do not expect now above three or four persons in Scotland who shall make scruple of that subscription, which, I hope, may be a mean to teach that man (for whom alone my love makes me afraid) some more wisdom. Mr Hary Guthrie, in his appeal to the assembly, had used some sharp and reflecting reasons, for which they summoned him to appear, resolving to have excommunicated him, if they did not find submission: but quickly his spirit was daunted. In all humility he appeared, and passed from his appeal, which obtained him favour not to be farther proceeded against. Mr William Colvil took his sentence of deposition submissively. Mr Andrew Ramsay professed his suffering. Some would have been at the present processing of both, as guilty of all the blood, and all the consequences of the engagement; but Mr R. Douglas quashed these motions, which otherwise easily had been carried on.

It was all our minds to have had transportations better regulated than they had been; for indeed their needless frequency was intolerable, yet Mr R. Douglas got all that shifted till Edinburgh once again he provided both of ministers and professors. For their university they moved for Mr Rutherford, but that was thought absurd. It seems they would be at Dr Colvil, but he will not be given them, as a man demi-malignant. They who judge so of that man, would give them Mr James Wood, or Mr D. Dickson; but in my mind, neither of these may be transported without greater hurt to the places they are in than benefit to Edinburgh, though they could get them; but as yet Edinburgh desires neither, and on whom they will fall yet, it does not appear. We fear they trouble us one way or other.

One day I escaped, to my sense, one of the greatest burdens ever was laid on me. Our committee, after many motions, had resolved for drawing up of the history of the times, to propone to the assembly a leet of three or four; Mr James Wood, Mr John Livingston, Mr Ja. Guthrie, and me. My profession made me secure of all danger, as I thought; and I minded it no more: but in the end of the assembly, when it came to be voiced, it ran wholly betwixt Mr John Livingston and me; and had not the opinion of my malignancy diverted some voices, I had undoubtedly been oppressed with that charge. As it was, I escaped it but by two or three voices; but I blessed the Lord for it; for to me it had all the days of my life been a burden intolerable, for many causes.

The assembly, for the full purgation of the church, as in former years, so in this also, has appointed divers committees; one in Angus, one in Stirlingshire, one in the Merse, one in Ross, one in Argyle, with most ample power. On these committees the most zealous men are put, which some few can chuse (even of very young men lately admitted ministers) for deposing such as presbyteries and synods do spare. I acknowledge the disinclination of my mind to so frequent depositions of ministers, and to all courses that further that, to me so severe an action; but this is a great part of my malignancy.

I think at last we shall get a new Psalter. I have furthered that work ever with my best wishes; but the scruple now arises of it in my mind, the first author of my translation, Mr Rous, my good friend, has complied with the sectaries, and a member of their republick. How a Psalter of his framing, albeit with much variation, shall be received by our church, I do not well know; yet it is needful we should have one, and a better in haste we cannot have. The assembly has referred it to the commission to cause print it after the last revision, and to put it in practice.

These were the chief things of our long and tedious five weeks labour; only we appointed a letter to be drawn for our brethren of England for their encouragement. The draught was Mr James Durham’s. It was his first, but did not so fully please us to pass, but was referred to the commission to perfect. Our brethren of Ireland had sent Mr John Greg to us, to have our advice about their carriage in my Lord of Aird’s defection. No publick advice was given; but Mr Livingston and Mr Maclellan were appointed to confer with him on all his propositions.

All this while the parliament did sit, though ready to rise at our first downsitting, more than at our rising. Their main cause of sitting was to see what we brought from the King. Thereafter, being to rise, constant reports, week after week, of Cromwell’s purpose to bring down the army on us before it went to Ireland, made them sit still to see to the defence of the country. To increase the levies, was to put the country to a farther burden, while the present was as great as could be borne, and caused dangerous grumbling every where; also, if a greater army had been on foot, the world would not keep them out of England, which we did not intend, being far from any agreement with the King; so nothing considerable was done, or could be done, though the English had come on us. They had written a letter with a messenger, to desire a treaty with us. Our answer was, that we could not acknowledge the present authority. This drew from them a paper, in reasonable soft words; but clearly enough renouncing all former treaties as broken by our parliament’s invasion, an advantage which they would openly make that use of, as to have it a breach of all their obligations to us. To this we made no reply; for what needs paper-debates at such a time?

1648.

2. Instructions by the Committee of Estates sent by their Commissioners to the English Parliament.[419]

You shall repair to London, and deliver our Letter to the Honourable Houses of the Parliament of England.

You shall excuse the long delay in sending to them, and in the mean time let them know, we hold Correspondence with the Commander in Chief of their Forces.

You shall give them a Narrative of our whole Proceedings according to the Declaration of the Kirk, and our own; particularly you shall acquaint them with our Proceedings in opposition to the late unlawful Engagement, and what Industry was used on the other part, for the Election of Malignants to be Members of Parliament, and how unlawfully some were admitted to sit in Parliament; and great numbers of Malignants were brought in from England, to over-awe the honest Party, and how many of the Army were corrupted.

And you shall farther represent particularly the great Sufferings and Oppressions of honest men, and that before they heard any thing of the Defeat of the Forces under Duke Hamilton in England, they had resolved on the manner and time of their Rising in Arms here in this Kingdom, against the Promoters and Abettors of that Engagement, and their Adherents, You shall also shew them the result of the Treaty betwixt us and those Armies about Sterlin, and how useful their Forces have been to us by being at so near a distance.

You shall endeavour to take away all Mis-information or Mis-constructions of any of our former Proceedings, and settle a good Understanding betwixt them and the honest protesting Party in Scotland; and you shall shew them the continued evil Principles, Malice, and Designs of the Malignant Party in this Kingdom, yet to trouble our Peace and interrupt theirs, and as they call it, not to live and outlive the not carrying on so pious and loyal an Engagement: and that some of them are going to Holland with an intention, as we are informed, to bring over Forces if they can: therefore we have caused deliver Berwick to be disposed of for the Good of both Kingdoms, and give the like Warrant for Carlisle; and that it is also surrendered, or presently to surrender for the use foresaid. So we agree during these Troubles, until the Peace of this Kingdom be settled, that the Honourable Houses may keep some Forces upon the Borders, and sufficient Garrisons in them both, upon a two-fold assurance: First, that in case any new Troubles be raised in Scotland by the Malignants, both they and the Forces about Newcastle have Directions from the Parliament to come unto Scotland, to pursue the Common Enemy when they shall be desired by the Committee of Estates, as it is now constituted of the Protesting Party in Scotland: and Secondly, that the Parliament shall remove all Garrisons out of those two Towns, and from our Borders, and put them in the Condition agreed on by the Treaties betwixt both Kingdoms, whensoever the Troubles are at an end, and the Peace of the Kingdoms settled.

You shall shew how desirous and willing we are to harken to any good Overture that may conduce to prevent any such-like Breaches again betwixt the two Nations, and that it may not be in the power of Malignants again either to seduce, or to enforce upon the People the like Sin and Snare; and for mutual Consultation, we think it expedient, both that they should have some honest Noblemen, Commissioners, here to reside at Edinburgh, and that we shall have some at London, that by Commutation of Counsels, our Common Peace may be the better settled and continued.

You shall try if the Treaty betwixt the Kings Majesty and the Two Houses of Parliament be like to take effect, and shall study to preserve the Interest of this Kingdom in the matter of the settling of the Peace of these Kingdoms: and if you shall find there are real Grounds to hope an Agreement betwixt the King and the Two Houses, in respect both Kingdomes are engaged in the same Cause and Covenant, and have been, and still are under the same Dangers, and to the end our Peace may be more durable, you shall endeavour that before any Agreement of Peace be made, we may be first acquainted therewith, that we may send up Commissions in relation to the Treaty with the King, upon the Propositions, and in relation to mutual Advice, for the settling of the Peace of these Kingdomes, and accordingly as you find the Two Houses inclined therein, you shall give us Advertisement.

You shall according as upon the place it shall be found expedient, present the same Desires to the Two Houses of Parliament in name of this Kingdome, touching the Work of Reformation, as shall be presented to them from this Kirk.

You shall assist Mr Blair in this Imployment, and take his advice and assistance in yours, and give us Advertisement weekly how all matters goe.

You shall publish all Papers either concerning the Proceedings of the Church, or of the Protesters, which are necessary to be known.

You shall endeavour to keep a good Understanding betwixt us and the City, and the Assembly of Divines; and strive to remove all Jealousies betwixt us and them, or betwixt honest men amongst themselves.

You shall endeavour that honest men who have suffered for opposing the Engagement be not prejudiced, but furthered in payment of the Sumes assigned unto them before the Engagement, out of the two hundred thousand pound Sterling, and Brotherly Assistance, for publick Debts or Losses.

You shall acquaint the Speakers of both Houses with his Majesties Letter to this Committee, and our Answer sent to Him.

You shall desire that the Noblemen, and Gentlemen of Quality, and considerable Officers of the Army that went into England under the Duke of Hamilton, and which are now there Prisoners may be kept as Pledges of the Peace of the Kingdomes, especially to prevent a new Disturbance in this Kingdome, or Trouble from this Kingdome to England, until the Peace of both be settled.

You shall acquaint the Two Houses with our Answer to that of L. General Cromwell’s, of the sixth of this Instant, and make use of the Grounds therein mentioned as you shall find occasion.

* * * * *

1648.—September 16 and 21.

3. Letters from Oliver Cromwell to the Committee of Estates.[420]

For the Right Honᵇˡᵉ the Committee of Estates for the Kingdome of Scotland. These.

Right Honoᵇˡᵉ,

Being my approach to the borders of the kingdome of Scotland, I thought fitt to acquaint you of the reason thereof. It’s well knowne how iniuriously the kingdome of England was lately invaded by the armye vnder Duke Hamilton, contrary to the covenant, and our leagues of amity; and against all the engagemᵗˢ of loue, and brotherhood between the two nations; and notwithstanding the pretence of your late declaration, publish’d to tak with the people of this kingdome. The Commons of England In Parliamᵗ assembled, declared the said armie soe entring as enemyes to the kingdome; and those of England who should adhere to them, as traytors. And having received commands to march wᵗʰ a considerable part of their army to oppose soe greate a violation of faith and iustice, what a witness (God being appealed too) hath borne vpon the engagemᵗ of the two armyes against the vnrighteousness of man, not onely yourselves, but this kingdome, yea, and a greate part of the knowne world, will, I trust, acknowledge how dangerous a thing it is to wage an vniust warre, much more to appeale to God, the righteous iudge therein; wee trust hee will perswade you better by this manifest token of his displeasure, least his hand be stretched out yet more against you, and your poore people alsoe, if they wilbe deceiued. That which I am to demand of you, is the restitution of the garrisone of Berwick and Carlile into my hands for the vse of the Parliamᵗ and kingdome of England. If you deny me herein, I must make our appeale to God, and call upon him for assistance, in what way hee shall direct us; wherein wee are, and shalbe, soe farr from seeking the harme of the well affected people of the kingdome of Scotland, that wee profess (as before the Lord) that what difference an army necessitated in an hostile way to recover the auncient rights and inheritance of the kingdoms, (vnder which they serve,) can make, wee shall vse our endeavour to the vtmost that the trouble may fall vpon the contrivers and authoʳˢ of this breach; and not vpon the poore innocent people, who have been led and compelled into this action, as many poore soules, now prisonʳˢ to vs, confess. We thought our selues bound in duty thus to expostulate with you; and thus to profess, to th’end wee may beare our integrity out before the world, and may have comfort in God, whatever the event bee. Desireing yoʳ answer, I rest

Yoʳ Loᵖᵖˢ humble servant, O. CROMWELL.

Septembʳ yᵉ 16ᵗʰ, 1648.

* * * * *

Right Honourable,

Wee perceive that there was upon our advance to the borders, the last Lord’s day, a very disorderly carriage by some horse, who, without order, did steale over the Tweed, and plundred some places in the kingdome of Scotland, and since that, some straglers have been alike faulty to the wrong of the inhabitants, and to our very greate greife of heart. I have been as diligent as I can to finde out the men that have done the wrong, and I am still in the discovery thereof, and I trust it shall appeare to you that there shalbe nothing wanting on my part that may testifie how much wee abhorre such things; and to the best of my information, I cannot finde the least guilt of the fact to lye upon the regiments of this army, but upon some of the northern horse who have not been under our discipline and goverment, untill just that wee came into these parts. I have commanded those forces away back againe into England, and I hope the exemplarity of justice will testifie for us our greate detestation of the fact; for the remayneing forces, which are of our old regiments, wee may engage for them, their officers will keepe them from doinge any such thinges; and wee are confident that, saving victuall, they shall not take any thing from the inhabitants, and in that alsoe, they shalbe soe farre from being their own __________ as that they shall submitt to have provisions ordered and proportiond by the consent, and with the direction, of the committees and gentlemen of the country; and not otherwise. If they please to be assisting to us therein, I thought fitt, for the preventing of misunderstanding, to give your Lordshipps this accompt, and rest,

My Lords, Your most humble servant, O. CROMWELL.

Norham, 21ˢᵗ September, 1648.

For the Right Honourable the Committee of Estates of the Kingdome of Scotland, at Edinburgh, These.

* * * * *

1648.—November 20.

4. The General’s Letter to the Speaker of the House of Commons, and the Army’s Remonstrance, presented by Colonel Ewert.[421]

Mr SPEAKER,

The General Council of Officers at their late Meeting here, have unanimously agreed on a Remonstrance to be presented to you, which is herewith sent by the hands of Col. Ewers and other Officers; and in regard it concerns matters of highest and present Importance to your self, to us and the whole Kingdom, I do at the desire of the Officers, and in the behalf of them and my self, humbly and earnestly intreat, that it may have a present reading, and the things propounded may be timely considered; and that no failing in Circumstance or Expressions may prejudice either the Reason or Justice of what is tendred, or their intentions, of whose good Affections and Constancy therein you have had so long experience. I remain

Your most Humble Servant, THO. FAIRFAX.

* * * * *

For the Honourable William Lenthall, Esq., Speaker of the House of Commons.

Some chief Heads of the Remonstrance, after the Preambulary Part, which is to shew the Messages of the King and Parliament severally, also in all Treaties between them, especially in that they are now in, with Reasons therefore and Objections answered, from whence these Consequences are drawn.

1. That they conceive the Parliament hath abundant cause to lay aside any further Proceeding in this Treaty, and to return to their Votes of Non-addresses, and settle with or against the King, that he may come no more to Government; and this, first by rejecting those Demands of the King for himself and Party, especially concerning his Restitution and coming to London with Freedom; and that they proceed against the King in way of Justice, for evils done by him, and in order thereto, to have him kept in safe custody. 2. To lay aside that bargaining Proposition with Delinquents, which will present the thing done by contract with the King, and not in a judicial way, and by that Power, that no Delinquents be partially dealt with, protected nor pardonable by other Power, only moderated upon submission: and among these Offenders they offer,

(1.) That the King be brought to Justice, as the capital cause of all. (2.) That a timely and peremptory day be set for the Prince of Wales, and Duke of York, to come in and render; if not, they be declared incapable of Government, or any right in England, and stand exiled for ever as Traytors; and if they render themselves by the time, then the Prince to be proceeded against or remitted as he shall give satisfaction, and the Duke the like, and that the Revenue of the Crown be sequestred. Also the 10,000_l._ to be added, be disposed to publick use. (3.) That publick Justice may be done upon some capital Causers or Actors in the War. (4.) That the rest upon submission may have mercy for their lives. (5.) That the Soldiers have their Arrears, publick Debts paid, chiefly to those who voluntarily laid out their Estates, and ventured their Lives, and this to be done by Fines of Delinquents, and the Estates of those excluded from Pardon. After publick Justice thus done, then that a reasonable certain period be put to this Parliament. There want a hundred good Laws, as many to be repealed, as many to be explained, must not that be first done? and at this period it may be agreed that there be a certain succession of future Parliaments Annual or Biennial, with secure provision. (1.) For the certainty of meeting. (2.) For equal distribution of Elections, to render the Commons House an equal Representative. (3.) For certainty of the Peoples meeting, and that none who have engaged in the late War, or shall engage against the right of Parliament and Kingdom, or adhere to the Enemies thereof, be capable of electing or being elected, during some Years, nor those who shall not join with but oppose this Settlement. (4.) For clearing the Power of this Representative, it be declared to have the supream power, as to the governing and preservation of the whole, as to the People of England, and to altering, repealing, or abolishing of Laws, the making War or Peace, the highest or final Judgment in all civil things: and all Ministers or Officers of State shall be accountable to them, bound and concluded thereby, provided, 1_st_, They may not censure or question any man after the end of this Parliament for any thing said or done in reference to the late War. 2_dly_, They may not render up, give or take away any Right, Liberty or Safety contained in this Settlement or Agreement. (5.) That there be Liberty of entring Dissents in the said Representative: in case of Corruption in these highest Trusts, the People may know who are free, and who guilty, that so they may not trust such for the future, but with further Penalty to any for their future Judgment there. That no King be hereafter admitted, but upon Election of, and as upon Trust from the People, by such their Representative, not without first disclaiming and disavowing all Pretence to a Negative Voice against the determination of the said Representative or Commons in Parliament, and that to be done in such Form more clear than heretofore in the Coronation Oath.

These matters of a general Settlement are propounded to be done by this Parliament, and to be further established by a general Contract or Agreement of the People with Subscriptions thereunto; also that it be provided, that none be capable of benefit by this Agreement, who shall not consent and subscribe thereunto, nor any King be admitted to the Crown, or other Person to any other Office or Place of publick Trust, with express accord and subscription to the same. These things they press as good for this and other Kingdoms, and hope it will not be taken ill because from an Army, and so Servants, when their Masters are Servants and Trustees for the Kingdom.

* * * * *

1649.

5. Note of Proceedings in the Convention of Estates relative to the Kirk.

Jan. 16. Act Repealing Acts of Parliament or Committee, made for the late Unlawful Engagement, and Ratifying the Protestation and Opposition against the same, p. 341. Act in favour of the Ministers who were at Mauchlin Muir, p. 346. Act of Commission anent Universitie of St Andrew’s, p. 346.

Jan. 18. Act containing the return of the Estates of Parliament, upon the Testimony communicated unto them by the Commissioners of the General Assembly, and their Concurrence with the same, p. 349.

Jan. 26.—Act ratifying and containing the tenor of the band for securing the peace of the kingdom, and in joining the same to be subscribed, p. 358.

Jan. 25. Act in Favours of the University of St Andrew’s, anent the Rents of the Archbishopric and Priory of St Andrew’s, p. 357.

Jan. 30. Act in Favours of the Town of St Andrew’s, for Provision of a Third Minister, p. 359. Act against Fornication, p. 360.

Feb. 5. Proclamation of King Charles II., p. 363.

Feb. 7. Act anent Securing of the Covenant, Religion, and Peace of the Kingdom, p. 364. Act anent the Catechisms, Confession of Faith, and Ratifying thereof, p. 364.

Feb. 10. Act for Information of the Lieges anent the Securing the Peace of the Kingdom, p. 367.

* * * * *

6. Account of the Duke of Hamiltons Expedition into England, being Excerpts from “Memoirs of his own Life and Times, by Sir James Turner.”—P. 49.

The Committee of Estates, and consequentlie the visible soveraigne pouer of Scotland at that time, is divided between the Duke Hammilton and the Marques of Argile. The last keepd stronglie by the church, and had it for him; and for feare that did not his turne, he keepd the armie, at least Leven and David Leslie for him, as knowing, omnia sunt gladii pidissequa. Yet the Hammiltons had gaind much on Middleton, who had a strong influence on the armie. Hammilton, to beate Argile out of his strongest fortresse, propons the disbanding the armie as very useles now, and which was worse, very burthensome, all the enemies of the state being rangd to their duetie. This was not onlie a plausible pretext, bot ane unansuerable argument; bot marke the reply of the other partie. “Never so great danger as now; the Kings person, which they were bound to defend by the oath of their Covenant (observe, there was no former ty on them,) being in the hands of the Independents, who were suorne enemies to his sacred person and to presbiterie, and carying now all things before them in the English Parliament, were become very formidable.” So impudentlie could these hipocrites make use of the safetie of the King, to support their power, by the usurpation wherof they had brought him to that low condition, and whose destruction they still designd. To this they adde a ridiculouslie palpable ly, that the Marques of Huntley was strong and marching southward, waxd numerous, and to use their oune words, grew great like a snow ball; that poore Marques, in the meane time, hideing himselfe in holes and caves, out of which he is about that same time draune and carried to Edenburgh and cast in the tollbooth, out of which he never came till he was brought to a scaffold. The matter of the armies disbanding is referd to the meeting of a great Committee, whose members are summond by Argile and the kirk to come from the remotest places of the kingdome, and when they meet, they vote the armie to stand.

* * * * *

Bot before all this was done, E. Lainrick, brother to Duke Hamilton, is made one of these commissioners, which they called the Committee of both kingdomes. The Chanclor and he went to London, and from thence, by the Parliaments permission to the Ile of Wight, where they had severall conferences with his Majestie. Many concessions they obtaind from him against Poperie, Arminianisme, Socinianisme, Libertinisme, Erastianisme, and I know not what els, and many promises they made to him, and so returned to Scotland. A Parliament is calld, which either consisted of the Royal or purlie Hammiltonian partie; Argiles being the least of the three, the election of the members was so dexterouslie carried. Bot in the Commission of the Kirke, Argile carryd all before him. And now the scene is changd. The King is in no danger; the Parliament of England, thogh independent, and Scotland are good friends; they must not fall out; the union of the tuo kingdomes must be preserved; the King in his concessions, had not taken away Prelacie, and therfore all the rest of his grants were hipocriticall; neither were the Scots bound to defend his person by vertue of the Covenant, bot in the defence of the true religion, which, according to their glosse, is presbiteriall government; and therefor no armie must be raisd for his releasment or restoration, onlie the English Parliament wold be desird to suffer them to treate with the King, whose person, according to promise, sould be keepd in honor, freedome and safetie. Heere yow see ane armie necessare and not necessare, for one and the same cause. Yow will thinke that strange, bot I will unriddle yow. Necessare for the Kings defence, and to withstand the power of the Independents, so long as old Leven and David Leslie commanded it; not necessare for these or any other causes, if Duke Hamilton and Earle Calander had the conduct of it. Whether the great soumes of money the English Commissioners brought with them, had ane influence on the leading men of the state, the kirk and the armie, Sir James Stewart, once Provost of Edinburgh yet alive can well enough tell. This rent betueene the usurped state and the usurped kirk, was the first step to the mine of the whole designe of the yeare 1648; for in the time of this furious dis ... our levies were retarded, and time given to Fairfaxe and Cromwell to destroy all the Kings partie in England. At length the raising of ane armie is carried in spite of Argile and the kirk. Duke Hammilton is declard Generall; E. Calander, (who once more appeard to oune the Kings interest,) Lieutenant Generall of the armie; Mildletone, Lieutenant Generall of the horse, and Baillie of the foot.

Bot before this was dune, a petition is draune up by Argile and his friends, (the Chancellor playing fast and loose with both parties,) which is calld the petition of the armie, which was to secure religion (for these were the kirks words) and the kingdome of Christ, before any forces were raised for the Kings releasment. It is signd privatlie by Leven, Da. Leslie, Major Generall Holburne, Sir Johne Broun, Colonell Scot, and some others, and then presented publiklie to the rest of us, thinking we could not, being sojors, refuse to follow our leaders. Bot they found themselves mistaken; for Major Generall Middletone, and the honnest part of the officers of the armie told them, that such a petition, which lookd so like mutinie, could not be presented to the Parliament without incurring the dishonour which Fairfaxe his armie had draune upon itselfe, to impose on the Parliament of England. To oppose this petition, Middletone was pleasd to make use of me; neither was I, indeed, unwilling to contribute all my endeavors for the destruction of a paper which, if it had beene red, wold have spoke with so loud a voyce, that many of the members who were bot indifferent, wold have spoke Argiles language very plainlie. The busienes was so handled that it was never presented.

Innumerable allmost were the petitions that came from all places of the kingdome, against the raising of forces for his Majesties releasment. Glasgow being a considerable toune, was most refractorie to this Parliament; for Mr Dick, whom they lookd upon as a patriarch, Mr Baillie, Mr Gillespie and Mr Durhame, all mightie members of the kirk of Scotland, had preachd them to a perfite disobedience of all civill power, except such as was authorisd by the Generall Assemblie and Commission of the Kirke; and so indeed was the whole west of Scotland, who cryd up King Christ, and the kingdome of Jesus Christ, therby meaning the uncontroullable and unlimited dominion of the then kirk of Scotland, to whom they thought our Saviour had delivered over his scepter, to governe his militant church as they thought fit. For this reason, I am sent to Glasgow to reduce it to obedience, with three troops of horse, and Holburns regiment of foot, which a litle before that had mutind in the Links of Lieth; (their colonell, lieutenant colonell, and all their captains, haveing deserted them,) bot the mutinie was with some difficultie compesed by myselfe, and that regiment brought by me the length of Cramond, in its march to Glasgow. In Glasgow were many honnest and loyall men, the prime wherof wer the Cambells and the Bells; and indeed I had good helpe of Coline Cambell, James Bell, and Bayliffe James Hamilton. At my comeing there I found my worke not very difficill; for I shortlie learnd to know, that the quartering tuo or three troopers, and halfe a dozen musketeers, was ane argument strong enough, in two or three nights time, to make the hardest headed Covenanter in the toune to forsake the kirk and side with the Parliament. I came on the friday, and nixt day sent to Mr Dick, and desird him and his brethren to say nothing nixt day in their pullpits that might give me just reason to disturbe the peace of the church. In the forenoone he spoke us very faire, and gave us no occasion of offence; but in the afternoone he transgresd all limits of modestie, and raild malitieouslie against both King and Parliament. This obligd me to command all my officers and sojors to goe presentlie out of the church, because I neither could nor would suffer any under my command to be witnesses of a misdemeanor of that nature. At the first Dick was timorous, and promisd, if I wold stay, he wold give me satisfaction; bot I told him I wold trust him no more, since he had broke his promise made in the forenoone. Seeing I intended no worse but to remove, he continued his sermon, and nixt day went to Edenburgh to complaine; bot sent one that same night to make his greeveance to the Duke, who was comd the day before to his palace of Hammilton. Thither I went nixt morning. His Grace approvd of all I had done; and there was reason for it; because I had done nothing bot by his oune order, and his brother E. Lainricks advice. This was that great and well neere inexpiable sinne which I committed against the sacred soveraigntie of the kirk; for which all members were so implacable and irreconcileable enemies to me afterward.

Finding my Glasgow men groune prettie tame, I tenderd them a short paper, which whoever signed I promisd sould be presentlie easd of all quartering. It was nothing bot a submission to all orders of Parliament, agreeable to the Covenant. This paper was afterward by some merrie men christend Turners Covenant. It was quickly signd by all except some inconsiderable persons; and so soone as Duke Hammilton had causd read my letter in Parliament, and the signd papers sent to the Clearke Register, I was orderd to march to Renfrew, to reduce that shire to obedience. I left the Generall of the Artilleries regiment, which was not very strong, at Glasgow, and marchd with my oune (for the Parliament had given me that of Holburns, and my Lord Duke had placd me himselfe at Glasgow, and eleven troops of horse; for still as they were levied in the east, they were sent west to me. I lay at Paislay myselfe with my regiment, and quarterd my troopes round about. Bot the people from severall parishes came so fast to me, offering their obedience to the Parliament, that I knew not well how to quarter my present men, much lesse these troops, and Calanders regiment, which were on their march westward.

Meantime a pettie rebellion must be usherd in by religion, yea, by one of the sacredest misteries of it, even the celebration of our Lords supper; so finely could these pretended saints make that vinculum pacis, that band of peace, the commemoration of our Savieours sufferings and death, that peace so often inculcated, and left as a legacie by our blessed Lord to his whole Church; so handsomelie, I say, could these hipocrits make it the simbole of warre, and bloody broyles. While I lay at Paislay, a communion, as they call it, is to be given at Machlin church, to pertake wherof all good people are permitted to come; but because the times were, forsooth, dangerous, it was thought fit all the men sould come armed. Nixt Monday, which was their thanksgiveing day, there were few lesse to be seene about the church than tuo thousand armed men, horse and foot. I had got some intelligence of the designe before, and had acquainted the Duke with it; who ordered me expreslie not to stirre till Calander and Middletones coming; who accordinglie on the Saturday before the Communion came to Glasgow, where I met them, and then went straight forward to Paislay. A rendezvous is appointed by Calander to be of horse and foot at Steuarton till nixt Monday. From thence Lieut. General Middleton is sent with sixe troopes of horse to Machlin moore, where the armed communicants were said to be. I intreated my Lord Calander (bot to no purpose) not to divide, bot rather march with all his forces, then hazard the overthrow of a few, which might endanger the whole. We advanced with the rest as the foot could march; but it was not long before we heard that the communicants had refused to goe to their houses; and having ressaved a briske charge of Middletons forlorne hope, had worsted it; and that himselfe and Colonell Urrey comeing up to the rescue, were both wounded in the heade; which had so appalld their troopes, that if they lossd no ground, they were glad to keepe what they had, and looke upon the saincts. These unexpected news made Calander leave my regiment at Kilmarnock, and take his horse with him up to Middletone. I intreated him to march at least at a great trot, if not at a gallope; bot he would be more orderlie, and therefor marched more sloulie. We met numbers of boys and bedees, weeping and crying all was lost; bot at our appearance the slashing communicants left the field, the horse trulie untouchd, because not fiercelie pursued. About sixtie of their foot were taken, and five officers. The ministers that came in our power, who had occasiond the mischiefe, were nixt day dismisd. Nixt day we marchd into Aire, where a court of warre is appointed to be keepd about the prisoners. The country fellows of them are pardoned; the officers sentenced to be hanged or shot; bot therafter were pardond; to which I was very instrumentall, thogh I had bene president in the court of warre. Lieutenant Generall Middletons wound, and Colonel Urreys, sufferd them to ride abroad within foure or five days. We knew not well what to doe, for Lambert was on the Border with a strong part of the English armie, and in a manner keepd Sir Marmaduke Langdail blockd up at Carlile. Our west countrey was not at all setled, bot very readie for new commotions. Upon this E. Calander desires a conference with the Duke, who then was at Edinburgh, to be at his oune house of Hamilton, to which the Duke readilie assented.

I had left my wife at Glasgow, and, therfor, desird libertie to goe there, and bid her good night, and accordinglie went thither. Within two nights came E. Calander and Lieutenant Generall Middletone, and with them I went to Hammilton, takeing my leave of my deare wife, whom I did not see againe till she saw me prisoner at Hull.

At Hammilton, we could not bot with much regret and displeasure consider that Sir Marmaduke, and his Lieutenant Generall Sir Philip Mushgrave, both gentlemen of untainted loyaltie and gallantrie, had not onlie unseasonablie, and contrare to the advices given them, raisd above 3000 foot and horse, bot had marchd with them into Lancashire, and therby had given a just pretext to the Parliament to send Lambert with a more considerable power, to give a stop to their further proceedings: which he did so vigorouslie, that Langdale was glad to shelter himselfe under the walls of Carlile. This exposd him to a certaine and present ruine, unles he were succourd. To marche to his reliefe, were to leave the halfe of our forces in Scotland unleavied, and ane enemie behind our hand, ourselvs in very bad condition, without money, meale, artillerie, or amunition; to suffer him to perish was against honor, conscience, and the reason both of state and warre. It wold have given our enemies occasion to insult; wold have brought the Dukes honor (rudlie enough dealt with [by] some before) to an everlasting losse, and wold have given such just apprehensions of jealousies to the royalists in England, that never one of them wold have joynd with us, or ound us. The further debate of this busienes is delayd till the Duke, Calander and Middletone went to Edenburgh to advise with the Committee of Estates, for the Parliament was then dissolvd. Bot in the meanetime, Colonell Lockheart is sent to command some brigads of horse at Anan, and I orderd to goe presentlie to Drumfreis, to take the command of sixe or seven regiments of foot, which were to be shortlie there. Our neernes to Carlile was thought might give Lambert some ombrages of both a stronger and a neerer approach. Neither were we mistaken in our conjecture; for so soone as we began to rally there, he drew his troops neeer together, and so Sir Marmaduk got aire, and with it some meale for himselfe, and grasse for his horses.

In this posture did Lockheart and I stay about a fortnight, tuelve miles distant one from ane other, till (Sir Marmaduks reliefe being concluded on at Edenburgh as purely necessare,) my L. Duke, E. Calander, and Lieutenant Generall Middletone and Baillie, with many bot weake regiments of horse and foot, randevoused at Anan. There I met them with my little infantrie, amunition, and a great deale of meale, which had beene sent to me from Edenburgh and other places. Nixt day we advanced into England, order being given for all the regiments of the whole kingdome to haste after us, except such as were orderd to stay for defence of the countrey against our hidden enemies; and these were to be commanded by E. Lainrick, as commander in chiefe at home. Our advance obligd Lambert to retire. Some skirmishes we had with him for a day or tuo, bot to litle purpose. At length be got to Steinmure, where he beganne to fortifie himselfe. The Duke is necessitated to stay ten or twelve days at Kirbie-thure, to ressave those regiments were marching from Scotland, which did not exceed the halfe of their numbers they sould have beene, all neulie levied, raw and undisciplind; and that summer was so excessivelie rainie and wet, that I may say it was not possible for us to keepe one musket often fixd, all the time we were in a bodie in England. Adde to this that we had no canon, nay not one field peece, very litle amunition, and not one officer to direct it. Deare Sandie being groune old and doated, had given no fitting orders for these things. Whill the Duke lyes at Kirbie-thure, Sir Marmaduke beseegeth the castle of Applebie, in which Lambert had left a guarreson. I am sent with tuo brigads to ly neere him, for feare Lambert sould face about upon him. Within a few days the castle yeelded.

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My Lord Duke marcheth on with this ill equipd and ill orderd armie of his, in which I being Colonell of a regiment, I officiated also as Adjutant Generall, or rather indeed doeing the duetie of Major Generall of the infantrie, since there was none named for it. To relieve Langdale at Carlile brought us out of the roade, and truelie we never came in the right way againe; so true is the old saying, once wrong and ay wrong. At Hornbie, a days march beyond Kendall, it was advisd whether we sould march be Lancashire, Cheshire and the western counties, or if we sould goe into Yorkshire, and so put ourselvs in the straight roade to London, with a resolution to fight all wold oppose us. Calander was indifferent; Middleton was for Yorkshire, Baillie for Lancashire. When my opinion was askd, I was for Yorkshire, and for this reason onlie, that I understood Lancashire was a close countrey, full of ditches and hedges, which was a great advantage the English would have over raw and undisciplind musketeers; the Parliaments armie consisting of experienced and well traind sojors, and excellent firemen; on the other hand, Yorkshire being a more open countrey, and full of heaths, where we both might make use of our horse, and come sooner to push of pike. My Lord Duke was for Lancashire way, and it seemd he had hopes that some forces would joyne with him in his march that way. I have indeed heard him say, that he thought Manchester his oune, if he came neere it. Whatever the matter was, I never saw him tenacieous in any thing during the time of his command bot in that. We choosd to goe that way, which led us to our ruine. Our march was much retarded by most rainie and tempestuous weather, wherof I spoke before, the elements fighting against us; and by staying for countrey horses to carry our little amunition. The vanguard is constantlie given to Sir Marmaduke, upon condition he sould constantlie furnish guides, pioneers for clearing the ways, and which was more than both these, to have good and certaine intelligence of all the enemies’ motions. Bot whither it was by our falt or his neglect, want of intelligence helpd to ruine us; for Sir Marmaduke was well neere totallie routed before we knew that it was Cromwell that attacked us: Quos vult perdere, hos dementat Jupiter.

Beside Preston in Lancashere, Cromwell falls on Sir Marmadukes flanke. The English imagine it was one Colonell Ashton, a powerfull presbiterian, who had got together about 3000 men to oppose us, because we came out of Scotland without the Generall Assemblies permission. Marke the quarrell. While Sir Marmaduke disputs the matter, Baillie, by the Dukes order, marcheth to Ribble Bridge, and passeth it with all the foot, except tuo brigads. This was tuo miles from Preston. By my Lord Dukes command, I had sent some amunition and commanded men to Sir Marmaduks assistance; bot to no purpose; for Cromwell prevaild, so that our English first retird and then fled. It must be remembered that the night before this sad rencounter, E. Calander and Middleton were gone to Wigham, eight miles from thence, with a considerable part of the cavalrie. Calander was comd backe, and was with the Duke, and so was I; bot upon the rout of Sir Marmaducks people, Calander got away to Ribble, where he arrivd safelie by a miracle, as I thinke; for the enemie was betueene the bridge and us, and had killd or taken most part of our tuo brigads of foot. The Duke with his guard of horse, Sir Marmaduke with many officers, among others myselfe, got into Preston toune, with intention to passe a foorde below it, thogh at that time not rideable. At the entrie of the toune the enemie pursued us hard. The Duke facd about, and put tuo troops of them to a retreate; bot so soone as we turnd from them, they turnd upon us. The Duke facing the second time, charged them, which succeded well. Being pursued the third time, my Lord Duke cryd to charge ance more for King Charles. One trooper refuseing, he beate him with his suord. At that charge we put the enemie so farre behind us, that he could not overtake us so soone. Then Sir Marmaduke and I entreated the Duke to hast him to his armie; and truelie he shew heere as much personall valour as any man could be capable of. We suimd the river, and so got to the place where Lieutenant Generall Baillie had advantageouslie lodgd the foot on the top of a hill, among very fencible inclosures.

After Calander came to the infantrie, he very inadvisedlie sent sixe hundreth musketeers to defend Ribble bridge; for the way Cromwell had to it was a descent from a hill that commanded all the champaigne, which was about ane English quarter of mile in length betueene the bridge and that hill where our foot were lodged; so that our musketeers haveing no shelter, were forced to ressave all the musketades of Cromwells infantrie, which was secure within thlcke hedges; and after the loss of many men, were forced to runne backe to our foot. Here Claud Hammilton, the Dukes Lieutenant Colonell, had his arme broke with a musket bullet. The bridge being lost, the Duke calld all the Colonells together on horsebacke, to advise what was nixt to be done. We had no choyce bot one of tuo—either stay and maintaine our ground till Middletone (who was sent for), came backe with his cavalrie; or els march away that night, and find him out. Calander wold needs speake first; wheras by the custome of warre, he sould have told his opinion last, and it was to march away that night so soone as it was darke. This was seconded by all the rest except by Lieutenant Generall Ballie and myselfe. Bot all the arguments we used, as the impossibilitie of a safe retreat from ane enemie so powerfull of horse, in so very foule weather, and extremelie deepe way, our sojors exceeding wet, wearie, and hungrie, the inevitable losse of all our amunition, could not move my Lord Duke by his authoritie to contradict the shamefull resolution taken by the major part of his officers. After that the drumles march is resolvd on, and bot few horse appointed to stay in the reare of the foot, I inquird what sould become of our unfortunate amunition, since forward with us we could not get it. It was not thought fitt to blow it up that night, least thereby the enemie sould know of our retreate or rather flight. I was of that opinion too, bot for ane other reason; for we could not have bloune it then, without a visible mischiefe to ourselves, being so neare it. It was ordaind it sould be done three hours after our departure, by a traine; bot that being neglected, Cromwell got it all. Nixt morning we appeard at Wiggam Moore, half our number lesse than we were; most of the faint and wearie sojors haveing lagd behind, whom we never saw againe. Leutenant Generall Middletone had misd us, for he came by ane other way to Ribble bridge. It was to be wishd he had still stayd with us. He, not finding us there, followd our tracke, bot hotlie pursued by Cromwells horse, with whom he skirmishd the whole way, till he came within a mile of us. He lost some men, and severall were hurt; among others Colonell Urrey got a dangerous shot on the left side of his heade, wherof, tho’ he was afterward taken prisoner, he recovered. In this retreate of Middletons, which he managed well, Cromwell losd one of the gallantest officers he had, Colonell Thornton, who was runne in the breaste with a lance, wherof he dyed. After Lieutenant Generall Middletons comeing, we beganne to think of fighting in that moore; bot that was found impossible, in regard it was nothing large, and invirond with enclosurs which commanded it; and these we could not maintaine long, for want of that amunition we had left behind us; and therfore we marchd forward with intention to gaine Warinton, ten miles from the moore we were in; and there we conceavd we might face about, haveing the command of a toune, a river, and a bridge. Yet, I conceave there was bot few of us thought we might be beaten, before we were masters of any of them. It was towards evening, and in the latter end of August, when our horse beganne to march. Some regiments of them were left with the reare of the foot; Middleton stayd with them; my Lord Duke and Calander were before. As I marchd with the last brigad of foot through the toune of Wiggam, I was alarmd that our horse behind me were beaten, and runne severall ways, and that the enemie was in my reare. I facd about with that brigad, and in the market place serrd the pikes together, shoulder to shoulder, to keepe up any sould charge, and sent orders to the rest of the brigads before to continue their march, and follow Lieutenant Generall Baillie, who was before them. It was then night, bot the moone shone bright. A regiment of horse of our oune appeared first, riding very disorderlie. I got them to stop, till I commanded my pikes to open, and give way for them to ride or runne away, since they wold not stay. Bot my pikemen being demented, (as I thinke we were all,) wold not heare me, and tuo of them runne full tilt at me. One of their pikes, which was intended for my bellie, I gripd with my left hand; the other run me neere two inches in the innerside of my right thigh; all of them crying, that all of us were Cromwells men. This was an unseasonable wound, for it made me after that night unservicable. This made me forget all rules of modestie, prudence, and discretion. I rode to our horse, and desird them to charge through these foot. They, fearing the hazard of the pikes, stood. I then made a cry come from behind them, that the enemie was upon them. This incouragd them to charge my foot so fiercelie, that the pikemen threw doune their pikes and got into houses. All the horse gallopd away; and, as I was told afterwards, rode not thorough bot over our whole foot, treading them doune; and in this confusion Colonell Lockheart was trode doune from his horse, with great danger of his life. Thogh the enemie was neere, yet I beate drums to gather my men together. Shortlie after came Middletone, with some horse. I told him what a disaster I had met with, and what a greater I expected. He told me, he wold ride before and make the horse halt. I marchd, however all that night, till it was faire day; and then Baillie, who had rested a litle, intreated me to goe into some house and repose on a chaire; for I had sleepd none in tuo nights, and eate as litle. I alighted, bot the constant alarums of the enemies approch made me resolve to ride forward to Warinton, which was bot a mile; and indeed I may say I sleepd all that way, notwithstanding my wound. I thought to have found either the Duke or Calander, or both heere, bot I did not; and indeed I was often told that Calander carried away the Duke with him, much against his mind. Heere did the Leutenant Generall of the foot meet with ane order, wherby he is required to make as good conditions for himselfe and those under him as he could; for the horse wold not come backe to him, being resolvd to preserve themselvs for a better time. Baillie was surprisd with this, and lookeing upon that action which he was orderd to doe as full of dishonor, he losd much of that patience of which naturallie he was master, and beseechd any that wold to shoot him thorough the head. At length, haveing somthing composd himselfe, and much solicited by the officers who were by him, he wrote to Cromwell. I then told him, that so long as ther was a resolution to fight, I wold not goe a foot from him; bot now that they were to deliver themselvs prisoners, I wold preserve my libertie as long as I could, and so tooke my leave of him, carrying my wounded thigh away with me. I met immediatlie with Middletone, who sadlie condold the irrecoverable losses of the tuo last days. Within tuo hours after, Baillie and all the officers and sojors that were left of the foot, were Cromwells prisoners. I got my wound dressd that morning by my oune surgeon, and tooke from him these things I thought necessare for me, not knowing when I might see him againe; as indeed I never saw him after.

That unhappie day we met with Cromwell at Preston, some regiments of horse, and our Irish auxiliaries under the command of Sir George Monro, (who were fifteene hundreth good foot and three hundreth horse, and were appointed, against all reason of warre, to be constantlie a days marche behind us) all of them, I say, finding the enemie had got betweene us and them, marchd straight backe to Scotland, and joynd with E. Lainricks forces. Bot so soone as the news of our defeate came to Scotland, Argile and the Kirks partie rose in armes everie mothers sonne—and this was calld the Whiggamer rode. Da. Leslie was on their heade, and old Leven in the Castle of Edinburgh, cannonading the royall troopes when they came in view of him. Yet might they have been all very soone conjurd to be quiet, if the royalists had not suffered themselves to be cheated by a treatie, by which they were obligd to lay down armes, and quite their power in civill and militarie affaires. But the principall men of them, particularlie the Earles of Lauderdaile and Lainrick, Sir George Monro, Dalyell and Drummond, and others, found it not saife to trust the Saincts too much, and, therfor, crosd the seas, to take sanctuarie in Holland. Cromwell at Warinton sends Lambert with a sufficient cavalrie after us, and follows Monro with the strength of his armie to the Border, and there is invited by the Presbyterians to enter Scotland. He gets Berwick and Carlile baselie yeelded to him; and in one of them a number of English gentlemen who had servd the King; ane infamous act! He is feasted by old Leven, (peeres of ane tree) in the Castle of Edenburgh; which within tuo yeares after he made his oune. These men, who courted him, were so faithfull to the Covenant, that if fame wrong not some of them, they agreed with him in my Lady Homes house in the Canongate, that there was a necessitie to take away the King’s life. Now, for the good intertainment the Presbiterians had given this Arch Independent, at his returne to England, he left Lambert, (who had dispatched us before) with foure regiments of horse, to defend them against the Malignants (for so were honnest men called), till forces of their oune were raised, which was soone done. And then Acts of State and Kirke are made, to incapacitate all who had beene in England with the Duke, all who had abetted that engagdment, or had consented to it, from any office, charge or employment in State. Church, or Militia; and numbers of honnest Ministers upon that same account, turned out of their benefices and livelihoods.

To turn to the Duke in England. At night, after I left Warinton, when I came to him, all the resolution I found taken was, to march forward a day or tuo, and then by a turne to endeavour to get into Scotland; for there was then no visible partie for the King in England to joyne with; Cromwell haveing, before he came to us, routed and broken all these who rose in Wales, and hangd many of the principal gentlemen of them. And Fairfaxe had broke all these who rose for the King in other counties, first under the Earle of Holland, and them under the Earle of Norwich, chaceing him and the remainder of them into Colchester, which, after a siege, was surrendered to him on discretion, as I thinke. Heere Sir Charles Lucas and Sir George Lile were cruellie dealt with, having bot tuo houres given them to prepare for death; and after that short time, by the instigation of wicked Ireton, Cromwells sonne in law, mercileslie shot dead.

The first day, then, of the Dukes march from that place where I found him, was to Whitechurch, (in what countie I do not remember.) There a great number of the countrey traind bands appeard against us, bot were quicklie put to flight by Middleton, without bloodshed. That day we marchd many miles, and at night most of all the horse lodgd in the field, where their horses fed well. Some officers went to houses; bot I lodgd at a hedge, and sleepd there so sound, that at break of day the trumpets could not waken me; that being the fourth night in which I had sleepd none, except on horsebacke. Nixt day we made a long halt at a countrey toune, I thinke in Staffordshire, called Stone. Heere, because we had not enemies enough to take our lives, a trooper killd his oune Ritmaster, one Patrick Grey, who had beene a captaine under me in my Lord Sinclar’s regiment. The trooper was in the place shot dead, by my Lord Dukes command; who, to speake truelie, was too spareing in taking lives, his clemencie occasioning the keeping very bad discipline the whole time of our march in England. A litle after we had removd from that place, Leutenant General Middletone making good the reare against some of the countrey militia troopes, was taken; his horse having fallen under him. He was carried to Stafford; and indeed after that, we might trulie have said, we were all prisoners; for I am sure enough, if he, or rather we, had escapd that misfortune, such unhappie accidents had beene prevented by him, which shortlie ruind us. And I know not bot he keeping us united, might not at a long runne have brought himselfe and most of us to Scotland. We came at night to Uxeter, in most tempestuous, windie, and rainie weather. Nixt morning, when we were on our march, a great unwillingness in the horsemen, and some of their officers to march further; the wearines of both man and horse, ane irresolution whether to goe, and most of all, a fatalitie which pursud us, made the Duke turne backe and take up his quarters in the same toune. Neither that day nor nixt night was any thing resolvd on, bot to rest and refresh man and horse, and then either treate with these forces that had surrounded us, or fight them and march away. Sir Marmaduk Langdale, and these few English who were with him, had left us at Uxeter. He was taken afterward, bot savd his life by escapeing out of prison. The Duke and Calander fell out, and were at very hie words at supper, where I was; each blameing the other for the misfortune and miscarriage of our affaires; in which contest I thought the Duke had the better of it. And heere, indeed, I will say, that my Lord Dukes great fault was in giveing E. Callander too much of his pouer all along; for I have often heard him bid him doe what he pleased, promiseing to be therwith well contented. And therfor Calander was doublie to be blamd, first for his bad conduct, (for that was inexcusable,) and nixt for reproaching the Duke with that whereof himselfe was guiltie. To fill up the measure of our misfortunes, our troopers mutine against the Duke, Calander, and all their officers. Whether this proceeded of their oune wickednes, or by the instigation of some of their oune commanders, which I then shrewdlie suspected,) is uncertaine. The Duke and Calander are keepd prisoners, with strong guards of the mutineers, all nixt night in the Dukes lodgeing, with many other officers, and among others myselfe. Nixt morning, so soone as I could see, I cald over the window of the Dukes bedchamber to them, and askd them, if they were not yet ashamd of the base usage they had given their Generall, and of that contempt they had shown of all discipline, and of the ignominie of this action; and requird them, if for no other reason, yet for their oune safetie from the common enemie, to returne to their duetie, and goe home to their lodgings. Immediatlie they removd their guards, and went to their severall quarters, cursing in generall words these who had prompted them to the mutinie; which augmented my former suspition, but it was no time to make a strict inquirie in the busieness. Shortlie after, Calander went away, with as many as would follow him; which indeed were more than the halfe of these were in toune. No intreatie of the Duke or mediation of the officers could prevaile with him. I dealt particularlie with him, bot in vaine. He usd many arguments to move me to goe along with him, bot I told him, if I keepd my life, I wold be one of the last men sould stay with the Generall. I heard that not long after he was deserted by all that went with him, as he had deserted my Lord Duke. Yet he had the good fortune (which I believe no other officer of our armie had,) to get safe to London in disguise, and from thence to Holland.

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Calander being gone, there was an absolute necessitie imposed on the Duke to capitulate with the Governor of Stafford, who had about 3000 of the countrey militia with him, with which we were surrounded. Sir James Foullis of Colinton, Colonell Lockheart and myselfe are namd and commissionated by my Lord Duke to treate. We met with the governour and some of the principall gentlemen, three miles from Uxeter, at a very pleasant house in Staffordshire, where, as they had told us, Mary Queene of Scots had been long keepd prisoner. This with superstitious people wold have lookd ominous for us, who were of that nation. In our treatie, we found them very civill and rationall, and so much friends to Monarchie, that we had reason to expect no bad conditions from them. Bot Fortune had not yet made peace with us. We are interrupted by a messenger sent by Lambert, to acquaint both them and us that he was comd within tuo miles of that place, and that, if we wold treate, it must be with him. These were no good news, yet we presentlie horsd and went to him. We found him very discreet, and his expressions civill enough. He appointed three principall officers to treate with us, wherof Lieutenant Generall Lilburn was one. After much discourse, they offerd to us, if we wold redeliver Berwick and Carlile to the English Parliament, we sould be permitted to goe; nay, we sould be convoyd backe to Scotlande. We told them we had no pouer in our commission to speake of these townes; and so other articles were agreed on by us, bot not signd till I sould goe first to the Duke and show him, if he wold surrender these tuo touns, he and all with him sould have their libertie; if not, we were by the articles all prisoners. He absolutlie refusd to ingadge for the deliverie of these places, as a thing he said was not in his pouer; justlie suspecting the Deputie Governors of the touns wold not obey his orders in the condition he was; and so with many sorrowfull expressions dismissd me. Upon the way, as I returned, I met Lambert, with some troops, who told me he was goeing to save my Lord Duke from my Lord Grey of Groobie, who was marching towards Uxeter on the other side of the toune, which I knew before I came from the Duke to be true. He desird me, by all meanes to hast the signing of the articles, which he promisd to ratifie. At my return I told my comerads what reason we had to make haste; and haveing reported the Dukes answer to the English officers, we all immediatlie signd the articles, which, indeed, if they had been malitious, they might have wavd; for whill we were about it, one Major Gib, ane officer of our oune, came very unmannerlie into the roome, belching out his folly in these words: “Gentlemen, what doe ye dooe? The Duke and all who are with him are my Lord Greys prisoners.” Yet the commissioners signed for all that; and indeed my Lord Duke was by that time prisoner, bot Lambert tooke the protection of him; for our agreement was ratified by him, and by the Duke too, for he was not to be esteemed a prisoner, because taken in the time of a cessation and treatie, against custome of warre. Our first article was for the Duke, that he sould onlie be a prisoner of warre, nor sould his life ever be questiond or in danger. He sould keep his George; sixe of his servants, such as he sould choose, sould be permitted to attend him, and sixe of his best horses likewise; that in his prison accesse of all persons to him sould be allowd:—conditions good enough, but very ill keepd. The summe of the rest of the articles was this: That all of us, both officers and sojors, sould be prisoners of warre, bot civillie used, till we could procure our libertie by exchange or ransome; that all of us sould keepe the cloths we had on us, and all the gold and money we had about us, all other baggage, armes, and horses, sould be bootie and prise to the victor. We three who had capitulated, were orderd to be carried to Stafford, where Middletone was. The Captain who conducted us thither got our horses and armes. As we rode thorough Uxeter, we made a stand at the window of the Dukes chamber; and he looking out, we tooke our eternall farewell of him, with sad hearts parting from him we were never to see againe. He spoke kindlie to us and so we left him to act the last and worst part of his tragedie.

* * * * *

What was intended for the Kings reliefe and restoration posted him to the grave. His sad imprisonment calld for assistance from all his loyall subjects, which as a duetie the laws both of God and man seamd to impose on them. Our hopes of success were great, grounded on the equitie of our just undertakeing, the prevailing of the royall partie in Ireland, the returne of most of the navie to their duetie and obedience, under the then Prince of Wales, now King; the numerous and loyall riseings of many shires in England and Wales, against that usurped pouer which keepd his Majestie in restraint, and upon our oune strength; for our armie was intended to have beene tuentie thousand foot, and sixe thousand horse and dragoons. Bot we never amounted to fourteene thousand in all. These were honnest and fair motives for that loyall and well intended engadgment of ours; bot,

Ludit in humanis divina potentia rebus.

[The foregoing narrative of the Duke of Hamilton’s luckless expedition in furtherance of the engagement, is the best written account of it that we have anywhere seen; and it bears internal evidence of fidelity. It is copied from the only edition of it ever printed—viz. by the Bannatyne Club in 1829.]

* * * * *

1649.—Friday, January 19.

7. Trial of King Charles the First.[422]

Commissioners present at Westminster-Hall, January 20, 1648-9.

John Bradshaw Serjeant at Law, Lord President; Oliver Cromwell, Henry Ireton, Sir Hardress Waller, Valentine Walton, Thomas Harrison, Edward Whaley, Thomas Pride, Isaac Ewer, Thomas Lord Grey of Groby, William Lord Mounson, Sir John Danvers, Sir Thomas Maleverer Baronet, Sir John Bourchier Knight, Isaac Penington Alderman of London, Henry Martin, William Purefoy, John Barkstead, John Blackiston, Gilbert Millington, Sir William Constable Baronet, Edmond Ludlow, John Hutchinson, Sir Michael Livesey Baronet, Robert Tichburne, Owen Roe, Robert Lilburn, Adrian Scroope, Thomas Horton, Thomas Hammond, John Lisle, Nicholas Lore, Vincent Potter, Augustine Garland, Richard Deane, John Okey, John Huson, William Goffe, Cornelius Holland, John Carew, John Jones, Thomas Lyster, Peregrine Pelham, Francis Allen, Thomas Chaloner, John More, William Say, John Alured, Francis Lassells, Henry Smith, James Chaloner, Humphry Edwards, Gregory Clement, John Fry, Sir Gregory Norton Baronet, Edmond Harvey, John Ven, Thomas Scot, William Cawley, Anthony Stapeley, John Downs, John Dixwell, Simon Meyne, James Temple, Peter Temple, Daniel Balgrave, John Browne.

This done, the Court commanded the Serjeant at Arms to send for the Prisoner, and thereupon Col. Thomlinson, who had the Charge of the Prisoner, within a quarter of an hours space brought him, attended by Col. Hacker, and 32 Officers with Partizans, guarding him to the Court, his own Servants immediatly attending him. Being thus brought up

in the Face of the Court, the Serjeant at Arms with his Mace receives him, and conducts him straight to the Bar, having a Crimson Velvet Chair set before him. After a stern looking upon the Court, and the People in the Galleries on each side of him, he places himself in the Chair, not at all moving his Hat, or otherwise shewing the least respect to the Court; but presently riseth up again, and turns about, looking downwards upon the Guards placed on the left side, and on the multitude of Spectators on the right side of the said great Hall: the Guard that attended him in the mean time dividing themselves on each side the Court, and his own Servants following him to the Bar.

The Prisoner having again placed himself in his Chair with his Face towards the Court; and Silence being again ordered and proclaimed, the Lord President in the Name of the Court, addressed himself to the Prisoner, acquainting him, That the Commons of England assembled in Parliament, being deeply sensible of the Evils and Calamities that had been brought upon this Nation, and of the innocent Blood that had been spilt in it, which was fixed upon him as the principal Author of it, had resolved to make Inquisition for this Blood; and according to the Debt they did owe to God, to Justice, the Kingdom and themselves, and according to that fundamental Power that rested, and Trust reposed in them by the People, other means failing through his Default, had resolved to bring him to Tryal and Judgment, and had therefore constituted that Court of Justice before which he was then brought, where he was to hear his Charge, upon which the Court would proceed according to Justice.

Hereupon Mr Cook, Solicitor for the Commonwealth, standing within the Bar, with the rest of the Counsel for the Commonwealth, on the right Hand of the Prisoner, offered to speak; but the Prisoner having a Staff in his Hand, held it up, and softly laid it upon the said Mr Cooks Shoulder two or three times, bidding him hold. Nevertheless the Lord President ordering him to go on, Mr Cook did, according to the Order of the Court to him directed, in the Name and on the behalf of the People of England, exhibit a Charge of High-Treason and other High Crimes, and did therewith accuse the said Charles Stuart King of England; praying in the Name and on the behalf aforesaid, that the Charge might be accordingly received and read, and due Proceedings had thereupon; and accordingly preferred a Charge in writing, which being received by the Court, and delivered to the Clerk of the Court, the Lord President in the name of the Court ordered it should be read.

But the King interrupting the reading of it, the Court notwithstanding commanded the Clerk to read it, acquainting the Prisoner, that if he had any thing to say after, the Court would hear him. Whereupon the Clerk read the Charge, which is as followeth.

That the said Charles Stuart, being admitted King of England, and therein trusted with a limited Power to govern by, and according to the Laws of the Land, and not otherwise; and by his Trust, Oath and Office, being obliged to use the Power committed to him for the Good and Benefit of the People, and for the Preservation of their Rights and Liberties: yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will, and to overthrow the Rights and Liberties of the People, yea to take away and make void the Foundations thereof, and of all Redress and Remedy of Mis-government, which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments, or National Meetings in Council; He the said Charles Stuart, for accomplishment of such his Designs, and for the protecting of himself and his Adherents in his and their wicked Practices, to the same Ends hath traitorously and maliciously levyed War against the present Parliament, and the People therein represented, particularly upon or about the thirtieth day of June, in the year of our Lord 1642, at Berverly in the County of York; and upon or about the 30th day of July in the year aforesaid in the County of the City of York; and upon or about the 24th day of August in the same year, at the County of the Town of Nottingham, where and when he set up his Standard of War; and also on or about the 23d day of October in the same year, at Edghil or Keynton-field in the County of Warwick; and upon or about the 30th day of November in the same year at Brentford in the County of Middlesex; and upon or about the 30th day of August in the year of our Lord 1643, at Caversham Bridg near Reading in the County of Berks; and upon or about the 30th day of October in the year last mentioned, at or upon the City of Glocester; and upon or about the 30th day of November in the year last mentioned, at Newbury in the County of Berks; and upon or about the 31st day of July in the year of our Lord 1644, at Cropredy Bridg in the County of Oxon; and upon or about the 30th day of September in the last year mentioned, at Bodmyn and other places near adjacent, in the County of Cornwal; and upon or about the 30th day of November in the year last mentioned, at Newbury aforesaid; and upon or about the 8th day of June in the year of our Lord 1645, at the Town of Leicester; and also upon the 14th day of the same Month in the same year, at Naseby-field in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times within the years aforementioned, and in the year of our Lord 1646, he the said Charles Stuart hath caused and procured many thousands of the free People of this Nation to be slain: and by Divisions, Parties, and Insurrections within this Land, by Invasions from foreign Parts, endeavoured and procured by him, and by many other evil ways and means, he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea, during the years before-mentioned; but also hath renewed, or caused to be renewed, the said War against the Parliament and good People of this Nation in this present year 1648, in the Counties of Kent, Essex, Surry, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea. And particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince, and others, whereby, besides multitudes of other Persons, many such as were by the Parliament intrusted and imployed for the safety of the Nation (being by him or his Agents corrupted to the betraying of their Trust, and revolting from the Parliament) have had Entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid. By which cruel and unnatural Wars, by him the said Charles Stuart levyed, continued, and renewed as aforesaid, much innocent Blood of the free People of this Nation hath been spilt, many Families have been undone, the publick Treasure wasted and exhausted, Trade obstructed and miserably decayed, vast Expence and Damage to the Nation incurred, and many parts of this Land spoiled, some of them even to desolation. And for further Prosecution of his said evil Designs, He the said Charles Stuart doth still continue his Commissions to the said Prince, and other Rebels and Revolters both English and Foreigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him; from whom further Invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charles Stuart.

“All which wicked Designs, Wars, and evil Practices of him the said Charles Stuart have been, and are carried on for the advancement and upholding of a personal Interest of Will, Power, and pretended Prerogative to himself and his Family, against the publick Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, by and from whom he was intrusted as aforesaid.

“By all which it appeareth that the said Charles Stuart hath been, and is the Occasioner, Author, and Continuer of the said unnatural, cruel, and bloody Wars; and therein guilty of all the Treasons, Murders, Rapines, Burnings, Spoils, Desolations, Damages, and Mischiefs to this Nation, acted and committed in the said Wars, or occasioned thereby.”

Saturday, January 20.

This day the High Court of Justice for trial of the King sat in the Painted Chamber, and from thence adjourned about two in the afternoon to the place built for that Court in Westminster-Hall. The President had the Mace and Sword carried before him, and 20 Gentlemen attended as his Guard with Partizans, commanded by Col. Fox.

After an O Yes made, and silence commanded, the Act of the Commons in Parliament for sitting of the said Court was read, and the Court was called, there being above 60 Members of it present. Then the King (who lay the night before in St. James’s, and was brought this day to Whitehall, and thence by Water, guarded with Musqueteers, in boats to Sir Robert Cotton’s House) was brought to the Bar. To which there attended him Col. Hacker, with about 30 Officers and Gentlemen with Halberts. At his coming to the foot of the Stairs, he was met with the Mace of the Court, and conducted to a Chair within the Bar, where he sat down in the face of the Court.

The Lord President in a short Speech acquainted the King with the cause of his being brought thither; that it was in order to his Trial upon a Charge against him by the Commons of England, which was then to be read, and the King to give his answer thereunto.

His Majesty made an offer to speak something before reading of the Charge, but upon some interruption was silent. And then his Charge was read, by which he was charged, by the name of Charles Stuart King of England, as guilty of all the Blood that hath been shed in these Wars at Keynton, Brentford, Newbury, and such other places as he was present at in Arms against the Parliament, and other particulars very large. The King smiled at the reading of his Charge, and after reading of it demanded of the Lord President, by what lawful Authority he was brought thither? Being answered, In the name of the COMMONS of England: He replied, he saw no Lords there, which should make a Parliament, including the King; and urged, That the Kingdom of England was hereditary and not successive; and that he should betray his Trust, if he acknowledged or answer’d to them, for that he was not convinced they were a lawful Authority. So that after he had been often commanded to answer, and refused, he was remanded to Sir Robert Cotton’s House, and afterwards removed back to St. James’s, where he lay this night; and the Court adjourned till Monday 10 a Clock in the Forenoon, further to consider of this business.

Monday, January 22.

The Court being sat, O Yes made, and silence commanded, the King was sent for; whereupon Mr Solicitor Cook moved the Court, That whereas he had at the last Court, in the behalf of the Commons of England, exhibited a Charge of High Treason, and other High Crimes, against the Prisoner at the Bar, whereof he stands accused in the name of the People of England, and the Charge was read, and his Answer required, he was not then pleased to give answer, but instead of answering, did there dispute the Authority of this High Court: His humble Motion was, That the Prisoner may be directed to make a positive answer, either by way of Confession or Negation, which if he shall refuse to do, that the matter of charge may be taken pro confesso, and the Court may proceed according to Justice.

Lord President. Sir, You may remember at the last Court you were told the occasion of your being brought hither, and you heard a Charge read against you, containing a Charge of High Treason, and other High Crimes against this Realm of England, and instead of answering, you interrogated the Court’s Authority and Jurisdiction. Sir, The Authority is the Commons of England in Parliament assembled, who require your answer to the Charge either by confessing or denying.

King. When I was here last, ’tis very true I made that Question: And truly if it were only my own particular case, I would have satisfied my self with the Protestation I made the last time I was here against the legality of this Court, and that a King cannot be tried by any superiour Jurisdiction on Earth: but it is not my case alone, it is the freedom and the liberty of the People of England; and do you pretend what you will, I stand more for their Liberties: for if Power without Law may make Laws, may alter the fundamental Laws of the Kingdom, I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own: Therefore when that I came here, I did expect particular Reasons to know by what Law, what Authority you did proceed against me here: And therefore I am a little to seek what to say to you in this particular, because the Affirmative is to be proved; the Negative often is very hard to do, but since I cannot perswade you to it, I shall tell you my Reasons as short as I can.

My Reasons why in Conscience and Duty I owe to God first, and my People next, for the preservation of their Lives, Liberties, and Estates; I conceive I cannot answer this till I be satisfied of the legality of it. All Proceedings against any Man whatsoever——

Lord President. Sir, I must interrupt you, which I would not do, but that what you do is not agreeable to the Proceedings of any Court of Justice; you are about to enter into argument and dispute concerning the Authority of this Court, before whom you appear as a Prisoner, and are charged as a High Delinquent. If you take upon you to dispute the Authority of the Court, we may not do it: nor will any Court give way unto it. You are to submit to it: you are to give a punctual and direct answer, whether you will answer your Charge or no, and what your answer is.

King. Sir by your favour, I do not know the Forms of Law, I do know Law and Reason, though I am no Lawyer professed. But I know as much Law as any Gentleman in England; and therefore (under favour) I do plead for the Liberties of the People of England more than you do; and therefore if I should impose a Belief upon any without Reasons given for it, it were unreasonable; but I must tell you, that by that Reason that I have as thus informed, I cannot yield unto it.

Lord President. Sir, I must interrupt you, you may not be permitted: you speak of Law and Reason; it is fit there should be Law and Reason, and there is both against you, Sir: the Vote of the Commons of England assembled in Parliament, it is the Reason of the Kingdom; and they are these two that have given being to that Law according to which you should have ruled and reigned. Sir, you are not to dispute our Authority, you are told it again by the Court: Sir, it will be taken notice of that you stand in contempt of the Court, and your Contempt will be recorded accordingly.

King. I do not know how a King may be a Delinquent, by any Law that ever I heard of: all Men (Delinquents or what you will) let me tell you they may put in Demurrers against any Proceeding as legal; and I do demand that, and demand to be heard with my Reasons; if you deny that, you deny Reason.

Lord President. Sir, you have offered something to the Court, I shall speak something to you, the Sense of the Court: Sir, neither you nor any Man are permitted to dispute that point, you are concluded, you may not demur to the Jurisdiction of the Court: if you do, I must let you know they overrule your Demurrer; they sit here by the Authority of the Commons of England, and all your Predecessors and you are responsible to them.

King. I deny that, shew me one Precedent.

Lord President. Sir, you ought not to interrupt while the Court is speaking to you: This Point is not to be debated by you, neither will the Court permit you to do it; if you offer it by way of demur to the Jurisdiction of the Court, they have considered of their Jurisdiction, they do affirm their own Jurisdiction.

King. I say, Sir, by your favour, That the Commons of England was never a Court of Judicature; I would know how they came to be so.

Lord President. Sir, you are not to be permitted to go on in that speech, and these Discourses.

Then the Clerk of the Court read as follows:

Charles Stuart King of England, You have been accused on the behalf of the People of England, of High Treason, and other high Crimes; the Court have determined, that you ought to answer the same.

King. I will answer the same so soon as I know by what Authority you do this.

Lord President. If this be all that you will say, then Gentlemen you that brought the Prisoner hither, take charge of him back again.

King. I do require that I may give in my Reasons why I do not answer; and give me time for that.

Lord President. Sir, it is not for Prisoners to require.

King. Prisoners! Sir, I am not an ordinary Prisoner.

Lord President. The Court has considered of their Jurisdiction, and they have already affirmed their Jurisdiction; if you will not answer, we will give order to record your Default.

King. You never heard my Reasons yet.

Lord President. Sir, your Reasons are not to be heard against the highest Jurisdiction.

King. Shew me that Jurisdiction, where Reason is not to be heard.

Lord President. Sir, We shew it you here, the Commons of England; and the next time you are brought, you will know more of the pleasure of the Court, and it may be their final determination.

King. Shew me where-ever the House of Commons were a Court of Judicature of that kind.

Lord President. Serjeant, take away the Prisoner.

King. Well Sir, remember that the King is not suffered to give in his Reasons for the Liberty and Freedom of all his Subjects.

Lord President. Sir, you are not to have Liberty to use this Language: how great a Friend you have been to the Laws and Liberties of the People, let all England and the World judg.

King. Sir, under favour, it was the Liberty, Freedom, and Laws of the Subject that I ever took to defend my self with Arms; I never took up Arms against the People, but for the Laws.

Lord President. The command of the Court must be obeyed; no Answer will be given to the Charge.

King. Well, Sir.

And so he was guarded forth to Sir Robert Cotton’s House.

Then the Court adjourned until the next day.

The King’s Reasons against the Jurisdiction of the Court.

His Majesty still persisting not to own the Court, they refused to permit him to deliver his Reasons against the Jurisdiction of the Court by word of mouth: Nevertheless his Majesty thought fit to leave them in writing to posterity, which follow in these words:—

“Having already made my Protestations, not only against the illegality of this pretended Court, but also, That no earthly Power can justly call me (who am your King) in question as a Delinquent, I would not any more open my Mouth upon this occasion, more than to refer my self to what I have spoken, were I in this case alone concerned: but the Duty I owe to God in the preservation of the true liberty of my People will not suffer me at this time to be silent: For, how can any free-born Subject of England call Life or any thing he possesseth his own, if Power without Right daily make new, and abrogate the old fundamental Laws of the Land? which I now take to be the present case. Wherefore when I came hither, I expected that you would have endeavoured to have satisfied me concerning these grounds, which hinder me to answer to your pretended Impeachment. But since I see that nothing I can say will move you to it (the Negatives are not so naturally proved as Affirmatives) yet I will shew you the reason why I am confident you cannot judg me, nor indeed the meanest Man in England: For I will not (like you) without shewing a Reason, seek to impose a Belief upon my Subjects.

“There is no Proceeding just against any Man, but what is warranted either by God’s Laws, or the municipal Laws of the Country where he lives. Now I am most confident this Day’s Proceeding cannot be warranted by God’s Laws: For on the contrary, the Authority of Obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament, which if denied, I am ready instantly to prove.

“And for the Question now in hand, there it is said, That where the word of a King is, there is Power; and who may say unto him, What dost thou? Eccles. 8, 4. Then for the Law of this Land, I am no less confident, that no learned Lawyer will affirm, That an Impeachment can lie against the King, they all going in his Name: And one of their Maxims is, That the King can do no wrong. Besides, the Law upon which you ground your Proceedings, must either be old or new: if old, shew it; if new, tell what Authority, warranted by the fundamental Laws of the Land, hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one it self (as is well known to all Lawyers) I leave to God and the World to judg: And it were full as strange, that they should pretend to make Laws without King or Lords House, to any that have heard speak of the Laws of England.

“And admitting, but not granting, that the People of England’s Commission could grant your pretended Power, I see nothing you can shew for that; for certainly you never asked the Question of the tenth Man in the Kingdom, and in this way you manifestly wrong even the poorest Ploughman, if you demand not his free consent: nor can you pretend any colour for this your pretended Commission, without the consent at least of the major part of every man in England of whatsoever Quality or Condition, which I’m sure you never went about to seek, so far are you from having it. Thus you see that I speak not for my own Right alone, as I am your King, but also for the true liberty of all my Subjects, which consists not in the power of Government, but in living under such Laws, such a Government, as may give themselves the best assurance of their Lives, and property of their Goods; nor in this must or do I forget the Privileges of both Houses of Parliament, which this Days Proceedings do not only violate, but likewise occasion the greatest Breach of their publick Faith that (I believe) ever was heard of, with which I am far from charging the two Houses: for all the pretended Crimes laid against me, bear date long before this Treaty at Newport, in which I having concluded as much as in me lay, and hopefully expecting the Houses Agreement thereunto, I was suddenly surprized and hurried from thence as a Prisoner; upon which account I am against my Will brought hither, where since I am come, I cannot but to my Power defend the antient Laws and Liberties of this Kingdom, together with my own just Right. Then for any thing I can see, the higher House is totally excluded; and for the House of Commons, it is too well known that the major Part of them are detained or deterred from sitting: so as if I had no other, this were sufficient for me to protest against the lawfulness of your pretended Court. Besides all this, the Peace of the Kingdom is not the least in my Thoughts; and what hope of Settlement is there, so long as Power reigns without Rule or Law, changing the whole Frame of that Government, under which this Kingdom hath flourished for many hundred Years? (nor will I say what will fall out in case this lawless, unjust Proceeding against me do go on) and believe it, the Commons of England will not thank you for this Change; for they will remember how happy they have been of late Years under the Reigns of Queen Elizabeth, the King my Father, and my self, until the beginning of these unhappy Troubles, and will have cause to doubt, that they shall never be so happy under any new: and by this time it will be too sensibly evident, that the Arms I took up, were only to defend the fundamental Laws of this Kingdom, against those who have supposed my Power hath totally changed the ancient Government.

“Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority, without violating the Trust which I have from God for the Welfare and Liberty of my People, I expect from you either clear Reasons to convince my Judgment, shewing me that I am in an Error (and then truly I will answer) or that you will withdraw your Proceedings.

“This I intended to speak in Westminster-Hall on Monday January 22, but against Reason was hindered to shew my Reasons.”

Tuesday, January 23.

This Day the High Court of Justice for trial of the King sat again in Westminster-Hall, 73 Persons present. The King comes in with his Guard, looks with an austere Countenance upon the Court, and sits down.

Mr Cook, Solicitor General, moved the Court, That whereas the Prisoner at the Bar, instead of giving answer to the Charge against him, did still dispute the Authority of the Court. That as according to Law, if a Prisoner shall stand as contumacious in contempt, and shall not put in an issuable Plea Guilty or Not Guilty of the Charge given against him, whereby he may come to a fair trial, that by an implicite Confession it may be taken pro Confesso, as it hath been done to those who deserved more favour than the Prisoner at the Bar has done: and therefore that speedy Judgment be pronounced against him.

Lord President. Sir, You have heard what is moved by the Counsel on the behalf of the Kingdom against you: Sir, you may well remember, and if you do not, the Court cannot forget what delatory dealings the Court has found at your hands. You were pleased to propound some questions: you had our Resolutions upon them: You were told over and over again, that the Court did affirm their own Jurisdiction; that it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England, from which there is no appeal, and touching which there must be no dispute; yet you did persist in such Carriage as you gave no manner of obedience, nor did you acknowledg any Authority in them, nor the High Court that constituted this Court of Justice.

Sir, I must let you know from the Court that they are very sensible of these delays of yours, and that they ought not, being thus authorized by the Supreme Court of England, to be thus trifled withal; and that they might in Justice, if they pleased, and according to the Rules of Justice, take advantage of these delays, and proceed to pronounce Judgment against you: yet nevertheless they are pleased to give direction, and on their behalfs I do require you, That you make a positive Answer unto this Charge, that is against you, Sir, in plain terms; for Justice knows no respect of Persons: you are to give your positive and final Answer in plain English, whether you be guilty or not guilty of these Treasons laid to your charge.

The King after a little pause said,

When I was here yesterday, I did desire to speak for the Liberties of the People of England; I was interrupted, I desire to know yet whether I may speak freely or no.

Lord President. Sir, you have had the resolution of the Court upon the like question the last day, and you were told that having such charge of so high a nature against you, your work was, That you ought to acknowledg the Jurisdiction of the Court, and to answer to your Charge. Sir, if you answer to your Charge, which the Court gives you leave now to do, though they might have taken the advantage of your contempt; yet if you be able to answer to your Charge, when you have once answered, you shall be heard at large, make the best Defence you can: But, Sir, I must let you know from the Court, as their Commands, that you are not permitted to issue out into any other Discourses, till such time as you have given a positive answer concerning the matter that is charged upon you.

King. For the Charge, I value it not a rush; it is the Liberty of the People of England I stand for: For me to acknowledg a new Court, that I never heard of before; I that am your King, that should be an Example to all the People of England, to uphold Justice, to maintain the old Laws; indeed I do not know how to do it. You spoke very well the first day that I came here (on Saturday) of the Obligations that I had laid upon me by God, to the maintenance of the Liberties of my People: the same Obligation you spake of, I do acknowledg to God that I owe to him, and to my People, to defend as much as in me lies the antient Laws of the Kingdom. Therefore until that I may know that this is not against the fundamental Laws of the Kingdom, by your favour, I can put in no particular Answer. If you will give me time, I will shew you my Reasons why I cannot do it; and thus——

Here being interrupted, he said,

By your favour, you ought not to interrupt me; how I came here I know not; there’s no Law for it, to make your King your Prisoner. I was in a Treaty upon the publick Faith of the Kingdom, that was the known—— two Houses of Parliament, that was the Representative of the Kingdom; and when that I had almost made an end of the Treaty, then I was hurried away and brought hither, and therefore——

Here the Lord President said, Sir, you must know the pleasure of the Court.

King. By your Favour, Sir.

Lord President. Nay, Sir, by your favour, you may not be permitted to fall into those Discourses: you appear as a Delinquent, you have not acknowledged the Authority of the Court; the Court craves it not of you, but once more they command you to give your positive Answer.—Clerk, do your Duty.

King. Duty, Sir?

The Clerk reads a Paper, requiring the King to give a positive and final Answer by way of confession or denial of the Charge.

King. Sir, I say again to you, so that I might give satisfaction to the People of England of the clearness of my Proceedings, not by way of answer, not in this way; but to satisfy them, that I have done nothing against that trust that hath been committed to me, I would do it: but to acknowledg a new Court against their Privilege, to alter the fundamental Laws of the Kingdom, Sir, you must excuse me.

Lord President. Sir, This is the third time that you have publickly disowned this Court, and put an affront upon it; how far you have preserved the Privileges of the People, your Actions have spoke it: and truly, Sir, Mens Intentions ought to be known by their Actions, you have written your meaning in bloody Characters throughout the whole Kingdom; but, Sir, you understand the pleasure of the Court.—Clerk, record the Default.—And Gentlemen you that took charge of the Prisoner, take him back again.

King. I will say this one word more to you; if it were my own particular, I would not say any more, nor interrupt you.

Lord President. Sir, you have heard the pleasure of the Court, and you are (notwithstanding you will not understand it) to find that you are before a Court of Justice.

Then the King went forth with his Guard to Sir Robert Cotton’s House, where he lay the last Night and this; and the Court adjourned till the next day.

Wednesday, January 24.

The House this day only met and adjourned.

This day it was expected the High Court of Justice would have met in Westminster-Hall about 10 of the Clock; but at the time appointed one of the Ushers, by Direction of the Court, (then sitting in the Painted Chamber,) gave notice to the People there assembled, That in regard the Court was then upon the examination of Witnesses in relation to present affairs in the Painted Chamber, they could not sit there, but to appear upon further Summons.

January 25, 1648-9.

The Court taking into Consideration the whole matter in charge against the King, passed these Votes following, as preparatory to the Sentence against the King; but ordered that they should not be binding finally to conclude the Court; viz.

“Resolved upon the whole matter, That this Court will proceed to Sentence of Condemnation against Charles Stuart King of England.

“Resolved, &c. That the Condemnation of the King shall be for a Tyrant, Traitor, and Murderer.

“Resolved, That the Condemnation of the King shall be likewise for being a Publick Enemy to the Commonwealth of England.

“Resolved, That this Condemnation shall extend to Death.”

The Court adjourned it self till to morrow at one of the Clock in the Afternoon.

January 26, 1648-9.

Here the Court sat private.

The Draught of a Sentence against the King, is according to the Votes of the 25th instant prepared: and after several Readings, Debates, and Amendments by the Court thereupon,

“Resolved, &c. That this Court do agree to the Sentence now read.

“Resolved, That the said Sentence shall be ingrossed: That the King be brought to Westminster to morrow to receive his Sentence.”

The Court adjourn’d it self till the morrow at 10 of the Clock in the morning to this place; the Court giving notice that they then intended to adjourn from thence to Westminster-Hall.

The High Court for Trial of the King proceeded in the hearing of Witnesses to prove the several parts of the Charge against him: some proving that they saw him present at the setting up of his Standard; others that they did see him in the Field in such and such Fights with his Sword drawn, and so as in his Charge, &c. When he is next called, if he plead, the Witnesses will be ready to speak Viva voce; and if he still refuse to plead, ’tis probable the Court will give present Sentence.

January 27, 1648-9. Post Merid.

Westminster-Hall.

The Lord President and the rest of the Commissioners come together from the Painted Chamber to Westminster-Hall, according to their adjournment, and take their Seats there, as formerly: and three Proclamations being made for attendance and silence, the Court is called. The Commissioners present.

* * * * *

The Prisoner is brought to the Bar, and Proclamation is again (as formerly) made for silence, and the Captain of the Guard ordered to take into his Custody all such as should disturb the Court.

The President stood up, with an intention of address to the People, and not to the Prisoner, who had so often declined the Jurisdiction of the Court; which the Prisoner observing, moved he might be heard before Judgment given, whereof he received assurance from the Court, and that he should be heard after he heard them first.

Whereupon the President proceeded, and remembred the great Assembly then present, of what had formerly passed betwixt the Court and the Prisoner, the Charge against him in the name of the People of England, exhibited to them, being a Court constituted by the Supreme Authority of England; his refusal three several days and times to own them as a Court, or to answer to the matter of his Charge; his thrice recorded contumacy, and other his Contempts and Defaults in the precedent Courts: upon which the Court then declared, that they might not be wanting to themselves, or to the Trust reposed in them, and that no Man’s wilfulness ought to serve him to prevent Justice, That they had therefore thought fit to take the Substance of what had passed into their serious consideration, to wit, the Charge, and the Prisoner’s Contumacy; and the Confession which in Law doth arise upon that Contumacy; the notoriety of the Fact charged, and other the circumstances material in the Cause; and upon the whole matter, had resolved and agreed upon a Sentence then ready to be pronounced against the Prisoner. But that in regard of his desire to be further heard, they were ready to hear him, as to any thing material which he would offer to their consideration before the Sentence given, relating to the defence of himself concerning the matter charged; and did then signify so much to the Prisoner, who made use of that leave given, only to protest his respects to the peace of the Kingdom, and liberty of the Subject; and to say, That the same made him at last to desire, that having somewhat to say that concerned both, he might before the Sentence given be heard in the Painted Chamber before the Lords and Commons; saying, It was fit to be heard, if it were Reason which he should offer, whereof they were Judges: and pressing that point much, he was forthwith answered by the Court, and told,

That that which he had moved, was a declining of the Jurisdiction of the Court, whereof he had caution frequently before given him.

That it tended to further delay, of which he had been too much guilty.

That the Court being founded (as often had been said) upon the Authority of the Commons of England, in whom rested the Supreme Jurisdiction, the Motion tended to set up another, or a co-ordinate Jurisdiction in derogation of the Power whereby the Court sat, and to the manifest delay of their Justice, in which regard he was told they might forthwith proceed to Sentence; yet for his further satisfaction of the entire Pleasure and Judgment of the Court upon what he had then said, he was told, and accordingly it was declared, that the Court would withdraw half an hour.

The Prisoner by command being withdrawn, the Court make their recess into the room called, The Court of Wards, considered of the Prisoner’s Motion, and gave the President direction to declare their Dissent thereto, and to proceed to the Sentence.

The Court being again set, and the Prisoner returned, was according to their Direction informed, That he had in effect received his Answer before the Court withdrew; and that their Judgment was (as to his Motion) the same to him before declared, That the Court acted and were Judges appointed by the highest Authority, and that Judges were not to delay, no more than to deny Justice: That they were good words in the great old Charter of England, Nulli negabimus, nulli vendemus, nulli deferemus Justitiam vel Rectum: That their Duty called upon them to avoid further delays, and to proceed to Judgment, which was their unanimous Resolution.

Unto which the Prisoner replied, and insisted upon his former desires, confessing a delay, but that it was important for the Peace of the Kingdom, and therefore pressed again with much earnestness to be heard before the Lords and Commons.

In answer whereto he was told by the Court, That they had fully before considered of his Proposal, and must give him the same answer to his renewed desires, that they were ready to proceed to Sentence, if he had nothing more to say.

Whereunto he replied, he had no more to say, but desired that might be entred which he had said.

Hereupon, after some Discourse used by the President, for vindicating the Parliament’s Justice, explaining the nature of the Crimes of which the Prisoner stood charged, and for which he was to be condemned; and by way of exhortation of the Prisoner to a serious repentance for his high Transgressions against God and the People, and to prepare for his eternal Condition,

The Sentence formerly agreed upon and put down in Parchment writing, O Yes being first made for silence, was by the Court’s Command solemnly pronounced and given. The Tenor whereof followeth:—

[Conclusion.]

Now therefore upon serious and mature Deliberation of the Premises, and Consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this Court is in Judgment and Conscience satisfied that he the said Charles Stuart is guilty of levying War against the said Parliament and People, and maintaining and continuing the same; for which in the said charge he stands accused, and by the general Course of his Government, Counsels and Practices, before and since this Parliament began (which have been and are notorious and publick, and the effects whereof remain abundantly upon record) this Court is fully satisfied in their Judgments and Consciences, that he has been and is guilty of the wicked Designs and Endeavours in the said Charge set forth; and that the said War hath been levyed, maintained and continued by him as aforesaid, in prosecution, and for accomplishment of the said Designs; and that he hath been and is the Occasioner, Author, and Continuer of the said unnatural, cruel, and bloody Wars, and therein guilty of High Treason, and of the Murders, Rapines, Burnings, Spoils, Desolations, Damage and Mischief to this Nation acted and committed in the said War, and occasioned thereby. For all which Treasons and Crimes this Court doth adjudg, That he the said Charles Stuart, as a Tyrant, Traitor, Murderer, and publick Enemy to the good People of this Nation, shall be put to Death by severing of his Head from his Body.

* * * * *

A more full account of this days Action take as follows, viz.:—

The King being come in his wonted Posture with his Hat on, some of the Souldiers began to call for Justice, Justice, and Execution. But silence being commanded, his Majesty began:

I desire a word to be heard a little, and I hope I shall give no occasion of interruption.

The President answered,

You may answer in your time; hear the Court first.

His Majesty replied,

If it please you, Sir, I desire to be heard, and I shall not give any occasion of interruption, and ’tis only in a word. A sudden Judgment——

President. Sir, you shall be heard in due time, but you are to hear the Court first.

King. Sir, I desire it, it will be in order to what I believe the Court will say; and therefore, Sir—— A hasty Judgment is not so soon recalled.

President. Sir, you shall be heard before the Judgment be given; and in the mean time you may forbear.

King. Well, Sir, shall I be heard before the Judgment be given?

President. Gentlemen, It is well known to all, or most of you here present, That the Prisoner at the Bar hath been several times convented and brought before this Court, to make answer to a Charge of Treason, and other High Crimes exhibited against him in the name of the People of England: To which Charge being required to answer, he hath been so far from obeying the Commands of the Court, by submitting to their Justice, that he began to take upon him to offer Reasoning and Debate unto the Authority of the Court, and to the Highest Court that appointed them to try and judg him: But being overruled in that, and required to make his Answer, he was still pleased to continue contumacious, and refuse to submit to answer. Hereupon the Court, that they might not be wanting to themselves, nor the trust reposed in them, nor that any Man’s wilfulness prevent Justice, they have thought fit to take the matter into their Consideration; they have considered of the Charge; they have considered of the Contumacy, and of that Confession which in Law doth arise upon that Contumacy; they have likewise considered of the notoriety of the Fact charged open the Prisoner; and upon the whole matter they are resolved, and are agreed upon a Sentence to be pronounced against the Prisoner, But in respect he doth desire to be heard before the Sentence be read and pronounced, the Court hath resolved that they will hear him.

Yet, Sir, thus much I must tell you beforehand, which you have been minded of at other Courts, That if that which you have to say, be to offer any debate concerning the Jurisdiction, you are not to be heard in it: you have offered it formerly, and you have struck at the Root; that is, the Power and Supream Authority of the Commons of England, which this Court will not admit a debate of; and which indeed it is an irrational thing in them to do, being a Court that acts upon Authority derived from them. But, Sir, if you have any thing to say in defence of your self concerning the matter charged, the Court hath given me in command to let you know they will hear you.

King. Since I see that you will not hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom, and for the liberty of the Subject, I shall wave it, I shall speak nothing to it: But only I must tell you, That this many a day all things have been taken away from me, but that that I call dearer to me than my Life, which is my Conscience and my Honour. And if I had a respect to my Life more than the Peace of the Kingdom, and the Liberty of the Subject, certainly I should have made a particular Defence for my self; for by that at leastwise I might have delayed an ugly Sentence, which I believe will pass upon me. Therefore certainly Sir, as a Man that hath some understanding, some knowledg of the World, if that my true Zeal to my Country had not overborn the care that I have for my own preservation, I should have gone another way to work than that I have done.

Now, Sir, I conceive that an hasty Sentence once past may sooner be repented of, than recalled: And truly the self-same desire that I have for the peace of the Kingdom, and the liberty of the Subject, more than my own particular ends, makes me now at last desire, That I have something to say that concerns both, before Sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons. This Delay cannot be prejudicial unto you, whatsoever I say. If that I say be not Reason, those that hear me must be judg; I cannot be Judg of that that I have. If it be Reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on it it is very well worth the hearing: Therefore I do conjure you, as you love that that you pretend, (I hope it is real) the Liberty of the Subject, the Peace of the Kingdom, that you will grant me this hearing before any Sentence be past. I only desire this, That you will take this into your Consideration; it may be you have not heard of it beforehand. If you will, I will retire, and you may think of it: But if I cannot get this Liberty, I do protest, That these fair shews of Liberty and Peace are pure Shews, and that you will not hear your King.

President. Sir, you have now spoken.

King. Yes, Sir.

President. And this that you have said, is a further declining of the Jurisdiction of this Court, which was the thing wherein you were limited before.

King. Pray excuse me, Sir, for my interruption, because you mistake me. It is not a declining of it; you do judg me before you hear me speak. I say it will not, I do not decline it: tho I cannot acknowledg the Jurisdiction of the Court, yet, Sir. in this give me leave to say I would do it, tho I did not acknowledg it In this I do protest, it is not the declining of it, since I say, if that I do say any thing but that that is for the Peace of the Kingdom and Liberty of the Subject, then the Shame is mine. Now I desire that you will take this into your consideration: if you will I will withdraw.

President. Sir, this is not altogether new that you have moved to us, not altogether new to us, tho the first time in Person you have offered it to the Court. Sir, you say you do not decline the Jurisdiction of the Court.

King. Not in this that I have said.

President. I understand you well, Sir; but nevertheless that which you have offered, seems to be contrary to that Saying of yours, for the Court are ready to give a Sentence. It is not, as you say, That they will not hear the King, for they have been ready to hear you; they have patiently waited your Pleasure for three Courts together to hear what you would say to the Peoples Charge against you: To which you have not vouchsafed to give any Answer at all. Sir, this tends to a further delay. Truly Sir, such delays as these, neither may the Kingdom nor Justice well bear. You have had three several days to have offered in this kind what you would have pleased. This Court is founded upon that Authority of the Commons of England, in whom rests the Supreme Jurisdiction. That which you now tender, is to have another Jurisdiction, and a co-ordinate Jurisdiction. I know very well you express your self, Sir, that notwithstanding that you would offer to the Lords and Commons in the Painted Chamber, yet nevertheless you would proceed on here; I did hear you say so. But, Sir, that you would offer there, whatever it is, must needs be in delay of the Justice here; so that if this Court be resolved and prepared for the Sentence, this that you offer, they are not bound to grant. But, Sir, according to that you seem to desire, and because you shall know the further pleasure of the Court upon that which you have moved, the Court will withdraw for a time.

This he did to prevent disturbance.

King. Shall I withdraw?

President. Sir, you shall know the pleasure of the Court presently.

The Court withdraws for half an hour into the Court of Wards.

Serjeant at Arms. The Court gives command that the Prisoner be withdrawn; and they give order for his return again.

After which they returned; and being sat, the President commanded,

Serjeant at Arms, send for your Prisoner; who being come, the President proceeded.

Sir, You were pleased to make a Motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords and Commons in the Painted Chamber for the Peace of the Kingdom. Sir, you did in effect receive an answer before the Court adjourned: Truly, Sir, their withdrawing and adjournment was pro forma tantum; for it did not seem to them that there was any difficulty in the thing. They have considered of what you have moved, and have considered of their own Authority, which is founded, as it hath been often said, upon the supreme Authority of the Commons of England assembled in Parliament. The Court acts according to their Commission. Sir, the return I have to you from the Court is this, That they have been too much delayed by you already; and this that you now offer, hath occasioned some little further delay; and they are Judges appointed by the highest Authority; and Judges are no more to delay than they are to deny Justice: They are good words in the Great Old Charter of England, Nulli negabimus, nulli vendemus, nulli deferemus Justitiam. There must be no delay. But the truth is, Sir, and so every man here observes it, that you have much delayed them in your contempt and default, for which they might long since have proceeded to Judgment against you; and notwithstanding what you have offered, they are resolved to proceed to Sentence and to Judgment, and that is their unanimous consent.

King. Sir, I know it is in vain for me to dispute; I am no Sceptick for to deny the Power that you have, I know that you have Power enough. Sir, I must confess I think it would have been for the Kingdom’s Peace, if you would have taken the pains to have shewn the lawfulness of your Power.

For this Delay that I have desired, I confess it is a Delay, but it is a Delay very important for the Peace of the Kingdom: For it is not my person that I look at alone, it is the Kingdom’s Welfare and the Kingdom’s Peace.

It is an old Sentence, That we should think on long before we resolve on great matters suddenly. Therefore, Sir, I do say again, that I do put at your doors all the inconveniency of a hasty Sentence. I confess I have been here now I think this week; this day 8 days was the day I came here first: But a little delay of a day or two further may give peace, whereas a hasty judgment may bring on that trouble and perpetual inconveniency to the Kingdom, that the Child that is unborn may repent it. And therefore again, out of the Duty I owe to God and to my Country, I do desire that I may be heard by the Lords and Commons in the Painted Chamber, or any other Chamber that you will appoint me.

President. You have been already answered to what you even now moved, being the same you moved before, since the Resolution and the Judgment of the Court in it; and the Court now requires to know whether you have any more to say for your self than you have said, before they proceed to Sentence.

King. I say this, Sir, That if you hear me, if you will give me but this delay, I doubt not but I shall give some satisfaction to you all here, and to my People after that; and therefore I do require you, as you will answer it at the dreadful day of Judgment, that you will consider it once again.

President. Sir, I have received Direction from the Court

King. Well, Sir.

President. If this must be reinforced, or anything of this nature, your Answer must be the same, and they will proceed to Sentence, if you have nothing more to say.

King. I have nothing more to say; but I shall desire that this may be entred what I have said.

President. The Court then, Sir, hath something to say unto you, which I know, altho I know it will be very unacceptable, yet notwithstanding they are willing and resolved to discharge their Duty.

His Majesty answered, I would desire only one word before you give Sentence, and that is, That you would hear me concerning those great Imputations that you have laid to my Charge.

President. Sir, you must give me now leave to go on: for I am not far from your Sentence, and your time is now past.

King. But I shall desire you will hear me a few words to you; for truly, whatever Sentence you will put upon me, in respect of those heavy imputations that I see by your Speech you have put upon me. Sir, it is very true that—

President. Sir, I must put you in mind; Truly Sir, I would not willingly, at this time especially, interrupt you in any thing you have to say that is proper for us to admit of: But, Sir, you have not owned us a a Court, and you look upon us as a sort of People met together, and we know what Language we receive from your Party.

King. I know nothing of that.

President. You disavow us as a Court, and therefore for you to address your self to us, and not to acknowledg us as a Court to judg of what you say, it is not to be permitted. And the truth is, all along from the first time you were pleased to disavow and disown us, the Court needed not to have heard you one word; for unless they be acknowledged a Court, and engaged, it is not proper for you to speak. Sir, we have given you too much Liberty already, and admitted of too much delay, and we may not admit of any further; were it proper for us to do it, we should hear you freely; and we should not have declined to have heard you at large, what you could have said or proved on your behalf, whether for totally excusing, or for in part excusing those great and hainous charges that in whole or in part are laid upon you. But, Sir, I shall trouble you no longer; your Sins are of so large a dimension, that if you do but seriously think of them, they will drive you to a sad consideration, and they may improve in you a sad and serious Repentance. And the Court doth heartily wish that you may be so penitent for what you have done amiss, that God may have mercy at leastwise on your better part. Truly, Sir, for the other, it is our parts and duties to do that which the Law prescribes. We are not here Jus dare, but Jus dicere: We cannot be unmindful of what the Scripture tells us; for to acquit the Guilty is of equal abomination as to condemn the Innocent. We may not acquit the guilty. What Sentence the Law affirms to a Traitor, a Murderer, and a publick Enemy to the Country, that Sentence you are now to hear read unto you, and that in the Sentence of the Court.

Make an O Yes, and command silence while the Sentence is read.

Which done; the Clerk read the Sentence drawn up in Parchment:—

Whereas the Commons of England in Parliament had appointed them an High Court of Justice, for the trial of Charles Stuart, King of England, before whom he had been three times convented, and at the first time a Charge of High Treason, and other Crimes and Misdemeanors was read in the behalf of the Kingdom of England [Here the Charge was repeated] which Charge being read unto him as aforesaid, he the said Charles Stuart was required to give his answer, but he refused so to do. [Expressing the several passages of his refusing in the former Proceedings.] For all which Treasons and Crimes, this Court doth adjudg, That he the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a publick Enemy, shall be put to death, by the severing of his Head from his Body.

Which being read, the President added,

The Sentence now read, and published, is the Act, Sentence, Judgment, and Resolution of the whole Court.

To which they all expressed their assent by standing up, as was before agreed and ordered.

His Majesty then said,

Will you hear me a word, Sir?

President. Sir, you are not to be heard after the Sentence.

King. No, Sir?

President. No, Sir, by your favour, Sir. Guard, withdraw your Prisoner.

King. I may speak after Sentence, by your favour, Sir, I may speak after Sentence, ever. By your favour, hold: the Sentence, Sir—— I say Sir, I do—I am not suffered to speak, expect what Justice other People will have.

His Majesty being taken away by the Guard, as he passed down the Stairs, the Soldiers scoffed at him, casting the smoke of their Tobacco (a thing very distastful unto him) and throwing their Pipes in his way.

As he passed along, hearing the Rabble of Souldiers crying out, Justice, Justice; he said, Poor Souldiers, for a piece of Mony they would do so for their Commanders.

In the Evening a Member of the Army acquainted the Committee with his Majesty’s desire, That seeing they had passed a Sentence of death upon him, and his time being nigh, he might see his Children, and Dr. Juxton, Bishop of London, might be admitted to assist him in his private Devotions, and receiving the Sacrament. Both which were granted.

And the next day being Sunday, he was attended by the Guard to St. James’s, where the Bishop preached before him upon these words, “In the day when God shall judg the Secrets of all Men by Jesus Christ according to my Gospel.”

January 29, 1648-9.

Upon Report made from the Committee for considering the time and place of the executing of the Judgment against the King, the said Committee have resolved, That the open Street before Whitehall, over against the Banqueting-house, is a fit place, and that the said Committee conceive it fit that the King be there executed to morrow, the King having already notice thereof: The Court approved thereof, and ordered a Warrant to be drawn for that purpose, which said Warrant was accordingly drawn and agreed unto, and ordered to be ingrossed; which was done, and signed and sealed accordingly as followeth, viz.:—

“At the High Court of Justice for the trying and judging of CHARLES STUART King of England. Jan. 29, 1648, [1649.]

“Whereas Charles Stuart King of England is, and standeth convicted, attainted, and condemned of High Treason, and other high Crimes; and Sentence upon Saturday last was pronounced against him by this Court, to be put to death by the severing of his Head from his Body; of which Sentence, Execution yet remaineth to be done: These are therefore to will and require you to see the said Sentence executed in the open Street before Whitehall, upon the morrow, being the 30th day of this instant Month of January, between the hours of 10 in the Morning, and 5 in the afternoon of the same day, with full effect. And for so doing, this shall be your sufficient Warrant. And these are to require all Officers, Soldiers, and others, the good People of this Nation of England, to be assisting unto you in this Service.

“Given under our Hands and Seals.

“Sealed and subscribed by

“John Bradshaw, Tho. Grey, Oliver Cromwell, Edward Whaley, Michael Livesey, John Okey, John Danvers, John Bourcher, Henry Ireton, Tho. Maleverer, John Blackiston, John Hutchinson, William Goffe, Tho. Pride, Peter Temple, Tho. Harrison, John Huson, Henry Smith, Peregrine Pelham, Simon Meyne, Tho. Horton, John Jones, John More, Hardress Waller, Gilbert Millington, George Fleetwood, John Alured, Robert Lilburn, William Say, Anthony Stapeley, Richard Deane, Robert Tichburne, Humphry Edwards, Daniel Blagrave, Owen Roe, William Purefoy, Adrian Scroope, James Temple, Augustine Garland, Edmond Ludlow, Henry Martin, Vincent Potter, William Constable, Richard Ingoldsby, William Cawley, John Barkstead, Isaac Ewers, John Dixwell, Valentine Walton, Gregory Norton, Tho. Chaloner, Tho. Wogan, John Ven, Gregory Clement, John Downs, Tho. Wayte, Tho. Scot, John Carew, Miles Corbet.

“To Col. Francis Hacker, Col. Huncks, and Lieut. Col. Phray; and to every of them.”

Tuesday, January 30.

This Day his Majesty was brought from St. James’s about 10 in the Morning, walking on foot through the Park, with a Regiment of Foot for his Guard, with Colours flying, Drums beating, his private Guard of Partizans, with some of his Gentlemen Before, and some behind, bare-headed; Dr Juxton, late Bishop of London, next behind him, and Col. Thomlinson (who had the charge of him) to the Gallery in Whitehall, and so into the Cabinet-Chamber, where he used to lie, where he continued at his Devotion, refusing to dine, (having before taken the Sacrament,) only about 12 at Noon he drank a Glass of Claret Wine, and eat a piece of Bread. From thence he was accompanied by Dr Juxton, Col. Thomlinson, Col. Hacker, and the Guards before-mentioned, through the Banquetting-House, adjoining to which the Scaffold was erected, between Whitehall-Gate, and the Gate leading into the Gallery from St James’s. The Scaffold was hung round with black, and the Floor covered with black, and the Ax and Block laid in the middle of the Scaffold. There were divers Companies of Foot and Horse on every side the Scaffold, and the Multitudes of People that came to be Spectators were very great. The King making a pass upon the Scaffold, look’d very earnestly on the Block, and asked Col. Hacker if there were no higher; and then spake thus, directing his Speech to the Gentlemen on the Scaffold.

King. I shall be very little heard of any Body here, I shall therefore speak a word unto you here. Indeed I could hold my peace very well, if I did not think that holding my Peace would make some Men think that I did submit to the Guilt, as well as to the Punishment, But I think it is my Duty to God first, and to my Country, for to clear my self both as an honest Man, a good King, and a good Christian. I shall begin first with my Innocency: In truth, I think it not very needful for me to insist long upon this, for all the World knows I never did begin the War with the two Houses of Parliament; and I call God to witness (to whom I must shortly make an account) that I never did intend to incroach upon their Privileges. They began upon me: It is the Militia they began upon; they confest that the Militia was mine, but they thought it fit to have it from me: And to be short, if any Body will look but to the Dates of the Commissions, their Commissions and mine, and likewise to the Declarations, will see clearly that they began these unhappy Troubles, not I. So that as to the guilt of these enormous Crimes that are laid against me, I hope in God, that God will clear me of it; I will not, I’m in Charity: God forbid that I should lay it upon the two Houses of Parliament; there is no necessity of either, I hope they are free of this guilt: for I believe that ill Instruments between them and me, has been the chief Cause of all this Bloodshed; so that by way of speaking, as I find my self clear of this, I hope (and pray God) that they may too: yet for all this God forbid that I should be so ill a Christian, as not to say that God’s Judgments are just upon me; many times he does pay Justice by an unjust Sentence, that is ordinary: I only say this, that an unjust Sentence (meaning Strafford) that I suffered to take effect, is punished now by an unjust Sentence upon me; that is, so far I have said to shew you that I am an innocent Man. Now for to shew you that I am a good Christian. I hope there is (pointing to Dr Juxton) a good Man that will bear me witness. That I have forgiven all the world, and even those in particular that have been the chief Causers of my death; who they are God knows, I do not desire to know, I pray God forgive them. But this is not all, my Charity must go further; I wish that they may repent: for indeed they have committed a great Sin in that particular; I pray God with St Stephen, that this be not laid to their Charge; nay not only so, but that they may take the right way to the peace of the Kingdom, for Charity commands me not only to forgive particular Men, but my Charity commands me to endeavour to the last gasp the peace of the Kingdom. So, Sirs, I do wish with all my Soul, and I do hope there is some here will carry it further, that they may endeavour the peace of the Kingdom. Now, Sirs, I must shew you both how you are out of the way, and I will put you in the way: First you are out of the way; for certainly all the way you ever have had yet, as I could find by any thing, is in the way of Conquest. Certainly this is an ill way; for Conquest, Sirs, in my opinion is never just, except there be a good just Cause, either for matter of wrong, or just Title; and then if you go beyond it, the first quarrel that you have to it, that makes it unjust at the end, that was just at first: But if it be only matter of Conquest, then it is a great Robbery. As a Pirate said to Alexander the Great, That he was the great Robber, he was but a petty Robber: and so, Sirs, I do think the way you are in, is much out of the way. Now, Sirs, for to put you in the way; believe it, you will never do right, nor God will never prosper you, until you give him his due, the King his due (that is my successors) and the People their due, I am as much for them as any of you: You must give God his due, by regulating rightly his Church (according to his Scriptures) which is now out of order: for to set you in a way particularly, now I cannot; but only this. A National Synod freely called, freely debating among themselves, must settle this, when that every opinion is freely and clearly heard. For the King indeed I will not (then turning to a Gentleman that touched the Ax, he said, Hurt not the Ax that may hurt me.) As for the King, the Laws of the Land will clearly instruct you for that; therefore because it concerns my own particular, I will only give you a touch of it. For the People: And truly I desire their Liberty and Freedom, as much as any Body whomsoever; but I must tell you, That their Liberty and Freedom consists in having of Government, those Laws by which their Life and their Goods may be most their own. It is not for having share in Government (Sirs) that is nothing pertaining to them. A Subject and a Soveraign are clean different things; and therefore until they do that, I mean, That you do put the People in that Liberty as I say, certainly they will never enjoy themselves. Sirs, it was for this that now I am come here. If I would have given way to an Arbitrary Way, for to have all Laws changed according to the Power of the Sword, I needed not to have come here; and therefore I tell you (and I pray God it be not laid to your Charge) that I am the Martyr of the People. In troth, Sirs, I shall not hold you much longer: For I will only say this to you, That in truth I could have desired some little time longer, because that I would have put this that I have said in a little more order, and a little better digested, than I have done; and therefore I hope you will excuse me. I have delivered my Conscience, I pray God that you take these Courses that are best for the good of the Kingdom and your own Salvation.

Dr Juxton. Will your Majesty, though it may be very well known your Majesty’s Affections to Religion; yet it may be expected that you should say somewhat for the World’s satisfaction in that particular.

King. I thank you very heartily, my Lord, for that I had almost forgotten it. In troth, Sirs, my Conscience in Religion I think is very well known to the World; and therefore I declare before you all, That I die a Christian according to the Profession of the Church of England, as I found it left me by my Father; and this honest Man (meaning the Bishop) I think will witness it. Then turning to the Officers, said, Sirs, excuse me for this same, I have a good Cause, and I have a gracious God: I will say no more. Then turning to Col. Hacker, he said, Take care they do not put me to pain—and Sir, this and it please you—But then a Gentleman coming near the Ax, the King said, Take heed of the Ax, pray take heed of the Ax. Then the King speaking to the Executioner said, I shall say but very short Prayers, and then thrust out my hands. Then the King called to Dr Juxton for his Nightcap; and having put it on, he said to the Executioner, Does my hair trouble you? who desired him to put it all under his Cap, which the King did accordingly by the help of the Executioner and the Bishop. Then the King turning to Dr Juxton, said, I have a good Cause, and a gracious God on my side.

Dr Juxton. There is but one Stage more: This Stage is turbulent and troublesom. It is a short one. But you may consider, it will soon carry you a very great way; it will carry you from Earth to Heaven, and there you shall find to your great joy the Prize; you haste to a Crown of Glory.

King. I go from a corruptible to an incorruptible Crown, where no disturbance can be.

Dr Juxton. You are exchanged from a temporal to an eternal Crown, a good exchange.

Then the King took off his Cloak and his George, giving his George to Dr Juxton, saying, Remember, (it is thought for the Prince) and some other small Ceremonies past. After which the King stooping down, laid his Neck upon the Block; and after a little pause, stretching forth his hands, the Executioner at one blow severed his Head from his Body. Then his Body was put in a Coffin, covered with black Velvet, and removed to his Lodging-Chamber in Whitehall. Being imbalmed and laid in a Coffin of Lead to be seen for some days, at length upon Wednesday the 17th of February, it was delivered to four of his servants, Herbert, Mildmay, Preston, and Joyner, who with some others in mourning Equipage attended the Herse that night to Windsor, and placed it in the Room which was formerly the King’s Bedchamber.

Next day it was removed into the Deans Hall, which was hung with black, and made dark, and Lights were set burning round the Herse. About three in the afternoon the Duke of Richmond, the Marquess of Hartford, the Earls of Southampton and Lindsey, and the Bishop of London, came thither, with two Votes passed that Morning, whereby the ordering of the King’s Burial was committed to the Duke, provided that the Expences thereof exceeded not £500. This Order they shewed to Col. Whichcot the Governor of the Castle, desiring the Interment might be in St George’s Chappel, and according to the form of the Common Prayer: The latter Request the Governor denied, saying, That it was improbable the Parliament would permit the use of what they had so solemnly abolished, and therein destroy their own Act.

The Lords replied,

That there was a difference betwixt destroying their own Act, and dispensing with it; and that no Power so binds its own hands, as to disable it self in some Cases. But all prevailed not.

The Committee to whom the ensuing Proclamation was referred made report hereof, and the House assented to the same: Here take it at large.

“Whereas Charles Stuart King of England, being for the notorious Treasons, Tyrannies and Murders committed by him in the late unnatural and cruel Wars, condemned to death; whereupon after execution of the same, several Pretences may be made, and Titles set on foot unto the Kingly Office, to the apparent hazard of the public Peace: For prevention whereof, Be it enacted and ordained by this present Parliament, and by Authority of the same, That no Person or Persons whatsoever do presume to proclaim, declare, publish, or any way promote Charles Stuart, Son of the said Charles, commonly called the Prince of Wales, or any other Person, to be King or Chief Magistrate of England, or of Ireland, or of any the Dominions belonging to them, or either of them, by colour of Inheritance, Succession, Election, or any other Claim whatsoever, without the free Consent of the People in Parliament first had and signified by a particular Act or Ordinance for that purpose; any Statute, Law, Usage, or Custom to the contrary hereof in anywise notwithstanding.

“And be it further enacted and ordained, and it is hereby enacted and ordained, That whosoever shall, contrary to this Act, proclaim, declare, publish, or any way promote the said Charles Stuart the Son, or any other Person, to be King, or Chief Magistrate of England, or of Ireland, or of any the Dominions belonging to them, or to either of them, without the said consent in Parliament signified as aforesaid, shall be deemed and adjudged a Traitor to the Commonwealth, and shall suffer the pains of Death, and such other Punishments as belong to Crimes of High Treason. And all Officers as well Civil as Military, and all other well-affected Persons are hereby authorised and required forthwith to apprehend all such Offenders, and to bring them in safe Custody to the next Justice of the Peace, that they may be proceeded against accordingly.”

* * * * *

8. Excerpts from Balfour’s Annales of Scotland.

9 Martij, 1649.—The parliament past a most strange acte this mounthe, abolishing the patronages of kirkes, wich pertined to laymen since euer Christianity was planted in Scotland. Francis, Earle of Balcleuche, and some others, protested aganist this acte as vrangous, and all togider derogatorey to the just rights of the nobility and gentrey of the kingdome of Scotland, and so departed the parl: housse. Bot current was carried for the presbeteries and churche way, in respecte Argyle, the Chanceler, and Arch: Johnston, the kirks minon, durst doe no wtherwayes, lest the leaders of the church should desert them, and leaue them to stand one ther auen feeitt, wich without the church non of them could weill doe.

This notable pranke in effecte resembles muche the 14 Grauamen wich Germaney did exhibit, Reg: Carol: 5, to Pope Adrian, amongest the abusses of the Roman sea, that the Pope and his Legats vsurped the right of patronage belonging to layicks, and dispensed them benefices vaccand to his fauorits and abettors, contrarey to law, right and reall possession, tyme out past all memorey and prescription; vich wold proue in tyme the ruine of the Catholick church; bot lykwayes wold sturre vpe maney enimies aganist the Roman churche, in doing so publicke ane acte of iniustice, quherin so many persones (layicks) of all degrees were intressed.

And this acte, to make it the more spetious, they colored it with the liberty of the people to choysse ther auen ministers; zet the generall assembley holdin at Edinbrughe, in the mounthes of Julij and Agust, this same zeire, made a werey sore mint to haue snatcht this shadow from the people, (notwithstanding ther former pretences,) colationed the sole pouer one the presbeteries, and oute-foolled the people of that right they formerly pretended did only and especially belonge to them, jure diuino; as according to the new deuinitey of thesse tymes, till the acte was past, bothe the leaders and ther creture Jhonston, pleaded with all the forcible arguments wrested Scripture could produce, to procure ther auen ends and gratnes, wiche tyme will not faill heirafter fully to discouer to a wronged posterity.

* * * * *

The parliament, one ther former sentence of forfaultrey against George, Marques of Huntley, ordained hes head to be choped off from hes bodey, at the crosse of Edinbrughe, one Thursday, the 22 of Marche, this zeire; wich wes performed. He wold not be relaxed from the sentence of excomunicatione, &c. His corpes wer carried to Settone, to be interrid ther in the comon buriall of that family, from wich himselue had issewed.

The first exchequer day that was holdin after the ryssing of the parliament, in the end of Marche this zeire, the Chanceler, Loudon, had 3 gifts past; the signators quherof wer wnder K. Charles the Firsts hand.

1. His haill lands wich wer hold in ward and releiffe (for most of them wer so) changed, and holdin blenche, for payment of a read rosse.

2. A gift, durante vita, of the shriffschipe of Aire, altho gifts of this same nature wer declared woyde in this same parl:

3. A gift to him and hes heires of the balzirie of Kyle. It seimes that thesse 3 signaturs now past, wer a pairt of that recompence for wiche he betrayed the King to his enimies, and the countrey to its oppressors; for indeid he played notoriously with bothe handes. And being president of that parl: 1648, wes the only man, by his longe oratione, that most wrged and moued that ingagement against England, for the Kings releiffe, wich he therafter disclaimed, and persecutted all vthers quhom himselue had persuaded to contenance and enacte thesse lawes himselue first did brak, enacte, and repealle; quhen as he had bound himselue, both by word, othe, and wreat, to the Kings Maiesty, at the Ile of Wight, being then one of the commissioners of the kingdome of Scotland. At the parl: 1648, he maid a longe oration, most bitter and invectiue, against the Englishe, calling them a periured natione, oppressors and murthers of ther King, heretiques, sectaries, enimies to monarchey, breckers of leauge and couenant. To most of the actes of this parl: he consented, especially to the leuey, and all of them he subscriued with his auen hand, (being president therof); bot about the end of the same, he begane to appeir in his auen colors, quhen as that parl: and the commissione of the kirke could not aggrie one certaine poynts, imediatly after Ducke Hamilton was enacted to be generall of the armey. Bot in this parl: Jarij: 1649, he spoke als muche aganist that wich formerly he had plotted and contriued, as was sufficient to lett understanding men know, that now he labored to put him of the way, quho only could call him to ane accompt for hes periurey and fallsse packing.

To remember how with aboundance of teares the L. Chanceler made his repentance in the East Churche of Edinbrughe, declaring so much of hes former honest dealling to the people, as he weill knew eurey one vnderstood; and this wes done to pleasse some of the leading ministers, (quho wer now leading this penitent in triumphe,) and causing him sing peccaui, to bleare the eyes of the comons; he can veill preuaricat with men quho takes him to be the L. Chanceler of Scotland, bot with God he cannot, quho knowes him to be a heighland man bothe in lyffe and maners.

To remember, how in the preceding zeire, 1648, the Marquesse of Argyle and the E. of Craufurd, vent out to Muskillbroughe Links to fight the combat The E. of Lanricke wes second to Craufurd, and L. Col. James Innes of Sandsyde, wes 2d to Argyle; all that wes one them could not make Argyle to fight, till he saw L. Colonell Haddan, the Chancelers man, come in to pertey them. Then was he something stoute, and refussed to subscriue that paper, wich he wold haue formerly done (I belieue against his will,) bot had beine forced ather to doe it or ells to cast offe his doublett and boottes, wich he wes wounderous lothe to doe, in respecte of the coldnesse of the wether. For this grate escape, Argyle became a werey humble peinitent to the committie of the kirke, acknouledging this foulishe acte of his to be a scriptuall disertione. Vpone this imergent, the ensewing generall assembly made ane acte of the 12 of Agust, 1648, aganist duells, vretters and receauers of challanges and chartells, that without respecte of persons they shall be processed with the censures of the kirke, and make ther repentence befor the pullpit, &c. tuo seuerall Lordes dayes. The first day, the minister is to shew them ther sin and the gratenes of ther offence; and the 2d day, they are to make a soleme publicke confessione therof, and professione of ther vnfained humiliatione and repentance for the same; and if they refusse to zeild obedience, them to be processed with excommunicatione.

* * * * *

29 Julij, 1649. To remember how that one Mr Naysmithe, a minister at this generall assembley, argued much to haue the haill teinds to the churche, and wes opposed by the Marquesse of Argyle and Earle of Cassiles, with all the lay elders, as a propositione muche scandalizing the professione and ther often promisses, zea, (said some,) a thing not belonging to them. Bot Naysmithe, werey impudently and affrintedly affirmed, that it must be manteind that the teinds did belong to the churche, jure diuino. Argyle ansuered, wee must manteine the contrarey, with all our pouer, of that falls opinione of yours. Cassiles said, the more ze gett, the worsse contented you are; bot in this ze haue nather diuinity wnder the gospell for the same, nather ressone or aney poynt of humane law. Then, said Argyle, the churche hes alredey the 10 of all the rent of the land, zet it seime they are not content, nather are they the 30 pt. of the inhabitants, I may say not the 100 pairt: it is not good to awalkin sleiping doges. The moderator, Mr Rob: Douglas, said that hes brother, Mr Nasmythe, spoke mor rashlie then he was awarre offe; and he admired he was so impertinent, and therefore willed him to be quyet; bot Nasmythe replyed, he only spoke out that wich maney more of that number of hes professione thought: some lay elders, that wer barrons, sitting by him, desyred him to burey that, wtherwayes they wold make the suorde decyde that questione, and lett him and all suche couetous persons see that teindes wer not wnder the gospell juris diuini, bot juris humani. So you see how Nasmythe did sing, the shamefast caroll, in face of the assembley, in name of hes brethrein.

Julij, 1649.—In the generall assembley, haldin at Edinbrughe, in Julij this zeire, ther wer werey maney ministers depossed, for manteining the last expeditione into England to be lawfull, for reliffe of our King, quhome thesse bloodie blasphemers hes since killed, contrarey to the Soleme Leauge and Couenant with that perfidious natione; amongest quhom wer Mr Androw Ramsay and Mr William Collin, ministers of Edinbrughe, tuo learnid and worthey men; they wer much regraitted by honest men, and thesse quho treulie loued peace and treuthe. Bot the current of the tymes went so, that in respecte they wold not dance to the play of the leaders, Douglas, Dicksone, Cant, Guthrie, and Law, they wer deposed from the ministeriall office, quhen as one of them, viz. Mr Androw Ramsay, hed beine ane actuall minister aboue 53 zeires, quherof he had seruid in Edinbrughe 36 of the same.

L. Generall Mideltone went werey neir at this assembley to be excommunicat, wer not he compeired and spoke boldly for himselue, and hardly got 4 monthes to adwysse quhither he wold subscriue that declaratione emitted by the assembley anent the ingagers or not.

30 Julij, 1649.—Memorandum.—To be resolued of this doubte, viz. that since all the malignants of the kingdome did auer that James Grhames succes and prosperous fortune in so maney batells winne be him, did cleirly demonstrat Gods fauor to him, and the goodnes of hes causse, (wich by the precisse pairty) was thought the only not to know a malignant by, in that they manteined and fauored so vnchristian and Turkishe ane oppinon; as if the goodnes and lawfullnes of the causse dependit altogider one the successe.

And now, since Julij last, 1649, and the Whigamore road, the face of gouerniment being changed and put in other hands, and the kirke now asspyring to so grate a height and triumphe, all ther papers, actes almost, and declarations bothe of churche and stait, runs with that same clausse, viz. aganist all wich, not only eminent testimonies of Gods wrath haue beine giuen, in defaitting of them, &c. meining the Englishe engagement, bot especiallay the course perseued by the Earle of Lanrick, George Monro, at Sipling and Pluscardey, and ther adherents in the northe.

The blasphemers and sectaries, in England, from ther bygaine prosperous successe in all ther impious and wicked actions aganist Gods treuth, diuyne and humaine lawes, wich they haue trampled wnder footte, affirme in al ther declarations, lykwayes, to be the only causse quhay the Lord fauors them in all ther interprysses aganist the wicked (as the call all suche quho are not of ther mynd and oppinione) within the 3 kingdomes, naming themselues, and all wthers sectaries and blasphemers of ther stampe, the godlie and the saintes; quhen, indeid, all ther actions are not only illegall, bot most irreligious and impious, both contrarey to lawes of God and men; themselues being tainted with all the hainous sins and impieties quherwith aney heathin nation hath beine branded, euen Sodome itselue; if periurey couenant breaking, hipocrasie, ambition, couetousnes and all sortes of blasphemies, in the heighest degre, aganist the blessed trinitie, can be them be accompted sins.

Suche are the now sants that oppresses Gods people in thesse kingdomes, and all wnder the color and pretext of concience, and clocke of religione.

1649.

9. Excerpts from the Chronicle of Fife, being the Diary of John Lamont of Newton.

Mar. 17.—The comissioners of this kingdome sent to Hollande to treatte with our forsaide K. majestie, viz. the E. of Cassells, &c. Barron, a burges, and two ministers, namly, Mr James Wood, m. of St Androus, and Mr Robert Baillie, minist. of Glasgowe, shipped in att Kirkekaldie in Jhone Gillespie’s shipe, and loused on Saterday the 17 of the said instant, at night; they returned to this kingdome the 11 of Jun. 1649, mutch unsatisfied.

Mar. 9.—Duke Hamilton was beheaded att London by the sectaries ther, as also the Earle of Hollande, and the Lord Capell, that same day also. The said Duke Hamilton, upon the scaffolde, confessed, 1. That his religion was according to the church of Scotland; that he ever had beine loyall to the leate king, and wished weill to his posteritie; that none more att all tymes desired the peace and happines of this and the other kingdomes than himselfe. 2. That his coming in with the late armie to England was out of no treasonable or ill intent, bot for the ends contained in the committee of Scotlands declaratione, and what he did was as a servant to the parliament and kingdome; that, in that employment, nixt to the settling of religion, the establishing of the king was his greatest aime. 3. That he wished his blood, in order to the peace of the kingdome, might be the last that soulde be spilt. 4. That he had beine severall tymes wrought upon to confesse who had invited the Scots armie to come in, bot this he hath not done att all, nether then, or any other tyme, though, if he had, its conceived it woulde probably have saved his life. His corps afterwarde werre brought downe by sea to Hamiltone, where they werre interred.

Mar.—There was ane act reade in the parliament of Englande for taking away kingly government for the tyme to come in that kingdome. As also, ane other act for dissolving the house of peers in parliament. And a 3. that all priviledge might be taken away from noblemen ther, and ther persons made as lyable to the law as any commoner of Englande.

Mar. 22.—The Marquesse of Huntlie, in the north, (being condemned by the forsaid parliament,) was beheaded at the crosse of Edenbroughe. He died blockishlie, not being relaxed of his excommunicatione; his corps afterwarde werre caried by sea to the north, to be interred ther.

Mar.—Ther was ane insurrectione in the north parts of this kingdome, so that the garisone of Endernesse was surprised, and the walls of the towne throwen downe; and upon this, David Lesley went north with some troupes of horse and foote, to suppresse them. In May 1649, following, ther was 800 men taken prisoners, amonge whom was the Lord Rea, and some other gentlemen of the name of Makkeinzey (wha werre caried to Edenbroughe), and some killed. Upon this overthrowe, the rest laid downe ther armes, so that ther lives and fortuns, were grāted to them, which was done.

This summer ther was very many Witchˢ taken and brunt in severall parts of this kingd. as in Lothian and in Fyfe, viz. in Enderkething, Aberdoure, Bruntellande, Doysert, Dumfermling.

July 4.—The Generall Assemb. of this kingdome satte att Edenbrough, where Mr Robert Douglas, minister of Edenbd. was moderator. At this Assemb. ther werre severall ministers deposed, as Mr Andro Ramsay and Mr William Colen, both ministers of Edenbrough, and divers others. Ther was ane act made declaring the way of receiving the officers that had ane hand in the engagement against England, 1648: All these that werre above louetenants werre to come before the commission of the kirke that satte att Edenbd. and to be receaved by them; and these that werre beneath loueten. werre referred to the severall presbetries wherein they lived, to give satisfaction ther. Att the closure of this forsaid act, ther was a declaration printed, that was apointed to be subscribed by them all, under the paine of excommunicatione. Ther was a large declaration printed, appointed to be read in the severall kirks of this kingdome.

Att this meiting ther werre severall noblemen of this kingdome that did supplicat to be receaved to the Covenant, as the L. Ogilbie, Quensberry, Kenmure, etc. During the sitting of this Assemb. the visitatione of the Universitie of St Androus satt, where D. Barron, Provest of the Old Colledge, his willingnesse (provyding maintynance werre granted to him,) to dimitt his place was accepted, and sufficient maintinance during his life was allowed to him by the Assembley; and Mr Ro. Nory, professor of Humanitie in St Leonards colledge, wha aymed to have the precedencie of all the regents there, was declared to be posterior to them all: Mr Thomas Gleige, also in the Old Colledge, dimitted his place. Ther was something (in the Assemb.) spoken against the meason word, which was recommended to the severall presbetries for tryall therof. This Assemb. satt from the 4 of July to the 6 of August. Moreover, many of the shyres of the kingdome werre apointed to be visited, and the severall kirke session bookes to be revised by the persons concerned.

August 16.—Mr Robert Weyms (a Sant Androus man borne), was placed minister of the Ellie, in the presbetrey of St Androus. The said day Mr Patrik Skugall, minister of Leuchars, did preach. The Laird of Ardrose (being patron of the parish, and ther present,) gott not libertie to give him the right hand of felloshipe att his admission, (as the custome is), because under censure for the leate engagement against Englande.

(From the middest of Sept. to the middest of October.)—The Visitation apointed (by the forsaide Generall Assemblie), for Angus and Mernes, satte at the places apointed. Att which meitting Mr Andro Cant, minister att Aberdeine, was moderator. The visitators apointed to severall actaul ministers texts that they might heare them, some of which had beine in the ministrie for the space of 20 or 24 yeares. During the sitting of this meitting, ther was about eghteine ministers deposed, and five suspended, (two of which number did apeale to the Gener. Assemb.) The causes of ther depositiones werre, insufficiencie for the ministrie; famishing of congregations; silence in the tyme of the leatte engagement against Englande; corruptions in life and doctrine; malignancie, drūkenes, and subscriving of a divisive band, and such like. At this tyme, Mr James Laumonth, minister in Kinnettells, was deposed; and Mr Johne Lyndsay, ane olde man, was deposed, for adultrie and fornicatione, which werre proven against him. They purposed againe to returne thither in March 1650.

Oct.—Mr James Carmichaell, minister of Kleishe, in the presbetrey of Dumfermling, was deposed by that presbetrey, for insufficiencie.

Novemb.—The commission of the kirke satt at Edenbroughe, where Mr James Guthrie, minister of Lawder, was appointed to be transported to Sterling; Mr David Forret, and Mr James Sharpe, werre sutted be the towne of Edenbroughe, bot were refused; and Mr Harie Raymoure, m. of Carnebie, being desired be the towne of Duns, was appointed to remaine att his owne charge.—All thir three werre of the presbetrey of St Androus, in Fyfe.

Novemb.—Mr George Wynram, of Libberton, in Louthian, was sent, with a comission from the estates of this kingdome, to our king, now leyen at the iylles of Jernsey and Gernsey, upon the coast of France, bot pertaining to the crowne of England.—He returned about the end of January 1650.

The Lord Linton, eldest sonne to the Earle of Traquare, maried the Lady Seaton, (daughter to the leatte Marquesse of Huntlie, that was executt at the crosse of Edenbroughe the forsaid yeare, as is spoken before,) a woman excommunicat by the church of Scotlande for being a papist. The minister of Daicke, being ane olde man, did marie thir forsaid persons privatlie, without proclamatione of ther bands, according to the custome, for which, shortlie after, he was excommunicate, and his church declared vacane, and he, by the state, banished.

Decemb.—Ane Mistris Hendersone, sister to Fordell Hendersone, in the presbetrey of Dumfermling, (sometymes Lady of Pittaro,) being debated by many to be a Witch, was apprehended and caried to Edenbroughe, wher she was keiped fast; and after her remaining in prison for a tyme, being in health att night, upon the morne was founde dead. It was thought, and spoken by many, that she wronged her selfe, ether by strangling or by poyson; but we leave that to the judgement of the great day.

Decemb.—Ane act of parliament, discharging the going up and downe of sturdie beggars through this kingdome, and appointing every parish to entertaine ther owne poore, etc. This day, this act was reade by the minister of the church of Largo, and apointed to be reade through the severall churches of this kingdome.

By the comission of the Gener. Assemb. sitting at Edenbroughe, the Earle of Abercorne and the Lord Gray, both being papists, were excommunicate, and the Earle of Abercorne (whose surname if Hamiltone,) was apointed to remove himselfe from off this kingdome.

IX MARTII.

Act abolishing the Patronages of Kirks.[423]

The Estates of Parliament being sensible of the great obligation that layes upon them by the Nationall Covenant, and by the Solemn League and Covenant, and by many deliverances and mercies from God, And by the late solemn engagement unto duties, To preserve the Doctrine, and maintain and vindicate the Liberties of the Kirk of Scotland, and to advance the Work of Reformation therein, to the utmost of their power; And considering that Patronages, and Presentations of Kirks, is an evill and bondage, under which the Lords people and Ministers of this land have long groaned, and that it hath no warrant in Gods word, but is founded onely on the Canon law, and is a custome Popish, and brought into the Kirk in time of ignorance and superstition, And that the same is contrary to the second book of Discipline, in which upon solid and good ground, it is reckoned among abuses that are desired to be reformed, and unto severall Acts of Generall Assemblies, And that it is prejudiciall to the liberty of the people, and planting of Kirks, and unto the free calling and entrie of Ministers unto their charge. And the saids Estates being willing and desirous to promove and advance the Reformation foresaid, That everie thing in the house of God may be ordered according to his Word and Commandement, Doe therefore from the sense of the former obligations, and upon the former grounds and reasons discharge for ever hereafter, All Patronages and Presentations of Kirks, whither belonging to the King or to any Laick Patrone, Presbytries or others within this Kingdome, as being unlawfull and unwarrantable by Gods Word, and contrary to the Doctrine and Liberties of this Kirk; And doe repeal, rescind, make voyd, and annull all gifts and rights granted thereanent, And all former Acts made in Parliament, or in any inferiour Judicatory in favours of any Patrone or Patrones whatsoever, So farre as the same doth or may relate unto the Presentation of Kirks, And doth statute and ordain that no person or persons whatsomever shall at any time hereafter take upon them under pretext of any Title, Infeftment, Act of Parliament, Possession, or Warrant whatsoever, which are hereby repealed, to give Subscrive, or Seal any Presentation to any Kirk within this Kingdom: And Discharges the passing of any infeftments hereafter bearing a right to Patronages to be granted in favours of these for whom the Infeftments are presented; And that no person or persons shall either in the behalfe of themselves or others, procure, receive, or make use of any Presentation to any Kirk within this Kingdome: And it is farther Declared and Ordained that if any Presentation shall hereafter be given, procured, or received, that the same is null and of no effect, and that it is lawfull for Presbytries to reject the same, and to refuse to admit any to trialls thereupon, and notwithstanding thereof to proceed to the planting of the Kirk upon the sute and calling, or with the consent of the congregation, on whom none is to be obtruded against their will. And it is Decerned, statute, and Ordained, That whosoever hereafter shall upon the suit and calling of the congregation, after due examination of their literature and conversation, be admitted by the Presbytry unto the exercise and function of the ministry in any Paroch within this Kingdom, That the said person or persons without a Presentation, by vertue of their admission, hath sufficient Right and Title to possesse and enjoy the Manse and gleib, and the whole rents, profits and stipends, which the Ministers of that Burgh had formerly possest and enjoyed, or that hereafter shall be modified by the commission for plantation of Kirks; And decerns all Titulars, and Taksmen of Tythes, Heretors, Life-renters, or others subject and lyable in payment of Ministers stipends, to make payment of the same, Notwithstanding the Minister his want of a Presentation: And Ordains the Lords of Session and other Judges competent, to give out Decreets, & Sentences, Letters conform, Horning Inhibition, & all others Executorials upon the said admission of Ministers by Presbytries, as they were formerly in use to doe upon Collation and Institution following, upon Presentations from Patrons. Declaring alwayes that where Ministers are already admitted upon Presentation, and have obtained Decreets confirm thereupon, That the saids Decreets and Executorials following thereupon, shall be good and valide Rights to the Ministers for suiting and obtaining payment of their stipend, And the Presentation and Decreet conform, obtained before the date hereof, shall be a valid ground and right for that effect; Notwithstanding the annulling of Presentations by vertue of this present Act, And because it is needfull that the just and proper interest of Congregations and Presbytries in providing of Kirks with Ministers be clearly determined by the Generall Assembly, and what is to be accompted the Congregation having that interest; Therefore it is hereby seriously recommended unto the next Generall Assembly, clearly to determine the same, and to condiscend upon a certain standing way for being a setled rule therein, for all time comming. And it is hereby provided, declared, and ordained, that the taking away of Patronages and Presentations off Kirks, shall import nor inforce no hurt nor prejudice unto the title and right that any Patrone hath unto the tythes of the Paroch, nor weaken his Infeftment wherein the same is contained, But that the said Title, Right, and Infeftment, shall in every respect (so farre as doth concern the Tythes,) be als valid and strong as when Presentations were in use. It is further statute and ordained, that the Tythes of these Kirks whereof the Presentations are hereby abolished, shal belong heretably unto the saids Patrons, and be secured unto them, and inserted in their Rights and Infeftments in place of the Patronage. Likeas the Estates of Parliament declare the said Patrons their Right thereunto to be good and valid, Hereby granting full power to them to possesse, sell, annalzie, and dispone the same in manner after specified, as fully and freely as the Minister and Patrone might have done before the making of these presents, Excepting alwayes therefrom these tythes which the Heretors have had and possest by vertue of Taks set to them by the Ministers, without any deed or consent of the Patrones, concerning which it is provided, That the said Tythes at the issue and outrunning of the present Taks, shall belong unto the Heretors respective, These said Heretors and the Patrons above mentioned, each of them for their interest, being alwayes lyable to the payment of the present stipends to the Ministers, and to such augmentation and provision of new stipends to one or more Ministers, & such as the Parliament or Commission for plantation of Kirks shall think fit and appoint. Excepting also such Tythes as are and have been possest, and uplifted by the Minister as their proper stipends; concerning which, it is hereby declared, that the Minister shall enjoy the same without any Impediment as formerly, it being hereby provided also, That this Act shall prejudge no person of the Right, Title, and Possession of their Tythes by Infeftments, Taks, and other lawfull rights acquired by them, and their Predecessors and Authors, as Accords of the Law. Likeas the Estates of Parliament renew the former Acts granted in favours of Heretors, for valuing, leading, and buying of their Tythes; Hereby ordaining any Patrone, having right to these tythes made to them by this Act, and having no right thereunto of before, To accept the value of six yeers rents, according to the prices of valued bolls respective, injoyned and set down in the former Acts thereanent, and that for the Heretable right of the saids Tythes, and for all title interest or claim that the saids Patrons can have or pretend thereunto by vertue of this Act.

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