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Title: Records of the Kirk of Scotland

Author: Church of Scotland. General Assembly

Editor: Alexander Peterkin

Release date: September 5, 2020 [eBook #63127]

Language: English

Credits: Produced by Jordan and the Online Distributed Proofreading
        Team at https://www.pgdp.net


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Produced by Jordan and the Online Distributed Proofreading
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Transcriber’s Notes:—

Italic text has been marked _thus_.

Bold and Blackletter text has been marked =thus=.

The original accentuation, spelling, punctuation and hyphenation has
been retained, except for apparent printer’s errors.




  RECORDS
  OF
  THE KIRK OF SCOTLAND,

  CONTAINING THE

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

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

  VOL. I.

  [Illustration: NEC TAMEN CONSUMEBATUR]

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




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




CONTENTS


  Introduction.

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

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

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

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

  Miscellaneous Historical Documents Relative to the Ecclesiastical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

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

  The General Assembly, at Edinburgh, 1639.

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

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

  Miscellaneous Historical Documents, Relative to the Ecclesiastical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

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

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

  The General Assembly, at Aberdeen, 1640.

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

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

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

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

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

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

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

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

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

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

  The General Assembly, at Edinburgh, 1643.

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

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

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

  The General Assembly, at Edinburgh, 1644.

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

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

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

  The General Assembly, at Edinburgh, 1645.

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

  Index of the Acts of this Assembly. Not Printed.

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

  The General Assembly, at Edinburgh, 1646.

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

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

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

  The General Assembly, at Edinburgh, 1647.

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

  Index of the Acts of This Generall Assemblie Not Printed.

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

  The General Assembly, at Edinburgh, 1648.

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

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

  The General Assembly, at Edinburgh, 1649.

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

  Index of the Unprinted Acts of the Assembly, 1649.

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

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

  Footnotes:

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

  Index to Miscellaneous Documents. 1638-1654.




INTRODUCTION.


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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




THE

=National Covenant;=

OR,

CONFESSION OF FAITH

OF THE

KIRK OF SCOTLAND.


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

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

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

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

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

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

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

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

       *       *       *       *       *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

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

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

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

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

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

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

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




THE

PRINCIPALL ACTS

OF THE

SOLEMNE GENERALL ASSEMBLY

OF THE

KIRK OF SCOTLAND,


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


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

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

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




_The King’s Letter to the Generall Assembly._


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




Act Sess. 6. November 27. 1638.


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

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




Act. Sess. 7. November 28.

_Act. Approving the Registers._


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

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

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

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

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

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

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

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

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

Sic subscribitur,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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




Act Sess. 12. December fourth.

_The six late pretended Assemblies condemned._


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


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

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

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

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

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

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

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


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

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

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


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

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

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

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

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

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


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

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

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

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

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


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

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

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

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

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


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

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

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

III. No formall election of their new Clerk.

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

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

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

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

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

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

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

       *       *       *       *       *

Act. Sess. 13. December 5. 1638.

_Against the unlawfull oathes of intrants._

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

       *       *       *       *       *

Act Sess. 14. December 6. 1638.

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

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

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

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

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

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

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


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

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

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

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


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

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


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

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


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

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

       *       *       *       *       *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

Act Sess. 17. December 10. 1638.

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

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

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

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

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

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

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

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

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


Act Sess. 21. December 17. 1638.

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

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

       *       *       *       *       *


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

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

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

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

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

The Assembly alloweth this Article.

       *       *       *       *       *

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

The Assembly alloweth this article.

       *       *       *       *       *

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

The generall Assembly alloweth this article.

       *       *       *       *       *

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

The Assembly alloweth this article.

       *       *       *       *       *

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

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

       *       *       *       *       *

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

The Assembly alloweth this article.

       *       *       *       *       *

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

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

       *       *       *       *       *

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


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

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

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


“_Corruptions in the office._

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

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

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

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

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

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

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

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

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

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


“_Corruptions in their persons and lives._

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

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

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

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

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

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

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

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


“_Anent generall Assemblies._

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

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

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

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

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

The Assembly referreth this article to the severall Presbyteries.

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

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

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

The Assembly approveth this article.

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

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

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

The Assembly alloweth this article.


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

The Assembly alloweth this article.


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

The Assembly alloweth this article.


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

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


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

The Assembly alloweth this Article.

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

The Assembly alloweth this article.


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

The Assembly alloweth this article.


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

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


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

The Assembly alloweth this article.


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

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


  1. _The Provinciall Assembly of_ MERS _and_ TIVIDAILL.

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


  2.  _The Provinciall of_ LOUTHIAN.

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


  3. _The Provinciall of_ PERTH.

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


  4.  _The Province of_ DRUMFREES.

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

  5. _The Provinciall of_ GALLOWAY.

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


  _The Provinciall Synod of_ AIRE _or_ IRWING.

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


  6. _The Provinciall Synod of_ GLASGOW.

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


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

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


  8. _The Provinciall Synod of_ FIFE.

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


  9. _The Provinciall Synod of_ ANGUS _and_ MERNS.

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


  10. _The Provinciall Synod of_ ABERDENE.

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


  11. _The Provinciall Synod of_ MURRAY.

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


  12. _The Provinciall Synod of_ ROSSE.

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


  13. _The Provinciall Synod of_ CATHNES.

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


  14. _The Provinciall Synod of_ ORKNEY _and_ ZETLAND.

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

15. _The Provinciall Synod of the Isles._

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


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

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

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

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

       *       *       *       *       *

Act Sess. 24. December 18. 1638.

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

       *       *       *       *       *

Act Sess. 25. December 19. 1638.

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

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

       *       *       *       *       *

Act Sess. 26. December 20. 1638.

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

       *       *       *       *       *

Act Sess. 26. December 20. 1638.

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

       *       *       *       *       *

Act. Sess. 26. December 20. 1638.

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

Act Sess. 26. December 20.

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

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

       *       *       *       *       *

Act Sess. 26. December 20. 1638.

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

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

       *       *       *       *       *

Act Sess. 26. December 20. 1638.

_Concerning yearly generall Assemblies._

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

       *       *       *       *       *

Act Sess. 26. December 20.

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

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

_To the_ KINGS MOST EXCELLENT MAIESTIE:

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

MOST GRACIOUS SOVERAIGNE,

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

FINIS.

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

       *       *       *       *       *




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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1—Whether the Assembly were lawful or not?

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

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

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

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


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


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


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

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


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

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


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


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

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

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


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

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

       *       *       *       *       *

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

       *       *       *       *       *

8 December, Sessio 16.

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

10 December, Sessio 17.

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

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

11 December, Sessio 18.

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

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

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

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

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

12 December, Sessio 19.

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

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

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

13 December, Sessio 20.

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

14 December, Sessio 21.

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

Fyue ministers wer deposed this day, viz.

Mr William Hannay, Minister at Aire;

Mr Androw Rollock, Minister at Dunce;

Doctor Robert Hamilton, M: at Glasfurd;

Mr Tho: Rosse, Minister at Chanrey.

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

15 December, Sessio 22.

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

16 December, Sessio 23.

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

17 December, Sessio 24.

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


18 December, Sessio 25.

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

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

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

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

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

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

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


19 December, Sessio 26.

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

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

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

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

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

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

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

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

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

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

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

20 Decembris, Sessio 27.

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

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

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

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

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

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

       *       *       *       *       *

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


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

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

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

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

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

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

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

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

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

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

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

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

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

14.—An Act deposing Mr Tho. Foster.

15.—An Act deposing Mr Wᵐ. Annand.

16.—An Act deposing Mr Tho. Mackenzie.

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

18.—An Act condemning the Service Booke.

19.—An Act condemning the Booke of Cannons.

20.—An Act condemning the Booke of Ordinacons.

21.—An Act condemning the High Commission.

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

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

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

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

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

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

28.—An Act against Non-Residencie.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

48.—An Act against Funerall Services.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *




=Miscellaneous Historical Documents.=

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


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

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

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

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

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

       *       *       *       *       *


_Petition to the_ KING _from the_ CLERGY _of_ SCOTLAND.

29 May 1633.

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

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

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

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

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

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

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

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

The continuing of the exercisse of doctrine weeiklie;

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

The pouer of giuing colation of benefices granted to bischopes;

The disposing of benifices fallinge in ther handes jure deuoluto;

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

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

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

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

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

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

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

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

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

       *       *       *       *       *




1636.—October 18.

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

CHARLES Rˣ,

Right Reuerend Father in God, &c. quher as, since our entrie to the
croune, especially since our laite being in that kingdome, wee haue
diuersse tymes recommendit to the archbischopes and bischopes ther,
the publishing of ane publicke forme of seruice in the worschipe of
God, quhilke wee wold haue vniformally obserued therin, and the same
being now condescendit wpone, that wee doubte not bot all our subiects,
both clergie and others, will receaue the samen with suche reuerence
as aperteinethe; zet thinking it necessarey to make oure pleassure
knowen tuoching the authorisinge the booke therof, we requyre you to
command, by opin proclamatione, all our subiectes, both ecclesiasticall
and ciuill, to conforme themselues in the practisse therof, it being
the onlie forme of worschipe quhilk wee, hauing takin the counsaill of
our cleargie, thinke fitt to be wssed in Gods publicke worschipe ther.
As also, we requyre you to inioyne all archbischopes, bischopes and
wthers, presbiters and churchemen, to take caire the samen be deulie
obserued, and the contraweiners condinglie censured and punished, and
to giue order that eurey paroche procure to themselues, within suche
ane space as you shall be pleassed to appoynt, tuo at the least of the
saides bookes of comon prayer for the wsse of the said paroche, quherin
ze will doe ws most acceptable seruice; and for the quhilk thesse
presents shall be your warrant. Wee bid you fairweell, from our courte
at Newuarke, 18 Octobris, 1636.

       *       *       *       *       *




1636.—December 20.

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

Apud Edinburgh, 20 Decembris 1636. Sederunt.

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

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

Followes his Maiesties Missive for warrant of the Act abouwritten.

CHARLES Rˣ.

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


       *       *       *       *       *

1637.—March 14.

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

Apud Edinburgh 14 Martii 1637.—Sederunt.

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

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


  Followes his Majesties Commission for warrant
  of the act abouewritten.

  CHARLES Rˣ.

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

       *       *       *       *       *


1637.—June 13.

5. _Act anent Seruice bookes._[29]

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

       *       *       *       *       *


1637—July 28.

6. _Act anent Seruice Bookes._[30]

Apud Edinburgh, 28 July 1637.

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

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

       *       *       *       *       *

  1637.—July 29.

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

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

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

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

       *       *       *       *       *

  1637.—August 4.

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

  Apud Edinburgh, 4 August 1637—Sederunt.

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

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

       *       *       *       *       *

  1637.—August 5.

  9. _Act anent Seruice Bookes._[33]

  Apud Edinburgh 5. Augusti 1637. Sederunt.

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

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

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

       *       *       *       *       *

1637.—August 25.

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

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

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

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

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

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

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

_Deliverance thereon by Council._[35]

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

       *       *       *       *       *

1637.—August 25.

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

MOST SACRED SOUERAINGE,

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

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

       *       *       *       *       *

1637.—August 27.

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

MY NOBLE LORD,

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

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

       *       *       *       *       *

1637.—September 10.

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

CHARLES Rˣ,

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

       *       *       *       *       *

1637.—September 20.

14. _Act of Privy Council._[39]

Apud Edinbrughe, 20 Sept. 1637.

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

JA: PRYMROSE.

       *       *       *       *       *

1637.—October 9.

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

CHARLES Rˣ,

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

       *       *       *       *       *

1637.—October 17.

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

Apud Edinburgh 17. Octob. 1637.

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


Apud Edinburgh 17. Octob. 1637.

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


Apud Edinburgh, Octob. 17. 1637.

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

       *       *       *       *       *

1637.—October 18.

19. _Act of Council._[42]

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

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

       *       *       *       *       *

1637.—October 18.

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

MY LORD CHANCELLOUR,

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

       *       *       *       *       *

1637.—October 18.

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

MY LORDS OF SECRET COUNCELL,

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

       *       *       *       *       *

1637.—November 15.

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

CHARLES Rˣ,

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

       *       *       *       *       *

1637.—December 7.

23. _Proclamation at Linlithgow._[46]

Apud Linlithgow septimo Decemb. 1637.

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

       *       *       *       *       *

1637.—December 21.

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

1637.—December 24.

25. _Act of Council._[48]

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

1638.—February 19.

26. _Proclamatian at Stirling._[50]

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

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

Per actum Secreti Concilii.

       *       *       *       *       *

1638.—February 19.

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

FOR GOD AND THE KING.

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

       *       *       *       *       *

1638.—March 3.

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

1638.—March 5.

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

MOST SACRED SOVERAIGN,

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

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

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

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

       *       *       *       *       *

1638.—March 5.

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

OUR VERY HONOURABLE GOOD LORD,

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

Your Lordships very good Friends,

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

  Sterlin March 5. 1638.

       *       *       *       *       *

1638.—March 27.

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

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

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

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

1638.—March 27.

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

MAY IT PLEASE YOUR LORDSHIP,

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

1638.—April 28.

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

1638.—April 28.

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

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

1638.—May 16.

35. _Proclamation by the King._[59]

CHARLES R.

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

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


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

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

       *       *       *       *       *


1638.—May 16.

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

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

       *       *       *       *       *

1638.—May 16.

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

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

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

  _They may._

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

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

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

  _Yes._

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

  _By all means._

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

  _Yes._

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

  _Dismiss him the Council._

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

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

  _Yes._

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

  _The Protesters must be proclaimed Rebels._

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

  _Ut supra._

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

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

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

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

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

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

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

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

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

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

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

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

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

  _I and the Bishops will consider of it._

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

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

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

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

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

  _As before._

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

  _To some, I; to some, No._

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

  _Grant their desires._

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

  _The English._

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

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

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

  _Advise of it._

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

  _Yes._

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

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

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

  _Refuse none._

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

  _They must._

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

  _Yes._

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

  _If they preach not Sedition._

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

  _No more for the present._

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

  _When time shall be fit._

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

  _You shall._

       *       *       *       *       *


1638.—May 16.

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

CHARLES R.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *


1638.—May 20.

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

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

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

       *       *       *       *       *

1638.—June 11.

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

HAMILTON,

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

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

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

       *       *       *       *       *

1638.—June 13.

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

HAMILTON,

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

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

       *       *       *       *       *

1638.—June 13.

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

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

Your Graces obliged Servants, &c.

       *       *       *       *       *

1638.—June 20.

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

HAMILTON,

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

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

       *       *       *       *       *


1638.—June 23.[69]

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

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

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

       *       *       *       *       *

1638.—June 25.

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

HAMILTON,

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

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

       *       *       *       *       *


1638.—June 28.

46. _Proclamation._[71]

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

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

Per Regem.

       *       *       *       *       *

1638.—June 28.

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

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

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

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

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

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

       *       *       *       *       *

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

       *       *       *       *       *


1638.—June 29.

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

HAMILTON,

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

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

1638.—June 29.

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

MY LORD, MAY IT PLEASE YOUR GRACE,

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

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

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

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

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

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

       *       *       *       *       *

1638.—July 2.

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

Most Sacred Soveraigne,

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

Holy-rood-house July 2. 1638.

  Subscribitur

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

       *       *       *       *       *


1638.—July 3.

51. _Speech by Commissioner to Court of Session._[76]

MY LORDES,

I was varranted from his Maiestie to recall the Session againe to
Edinbrughe; the cheiffe thing that moued him therto, was the sense
of the maney incommodities wich his subiects in generall, and the
Iudges in particular, did susteine by the remoueing of it; that his
sacred Maiestie and Master had requyred him to desyre and command the
Iudges to grant all reasonable dispatche to Maiesties subiects in the
administratione of iustice, that so sometyme wich was lost, might be
regained. Lykwayes, my Lordes, I must requyre you to be werey cairfull
and circumspecte, that in thesse troubelsome tymes, no order nor decree
may passe from you, wich may be præiudiciall to his Maiesties croune or
seruice.

       *       *       *       *       *


1638.—July 5.

52. _Act anent the High Commission._[77]

At Halyrood-house, 5 July 1638.

The Lord Commissioner and Lords of Secret Councell having upon the 4
July instant, published his Majesties Declaration anent the seruice
Book, Book of Canons, and High Commission: and being informed that His
Majestes Declaration is not so clearly understood as is necessary for
removing all scrouples which may arise to any of his Majestyes good
subjects anent his Majesties declaration foresaid, declares that it
is his Majesties gracious pleasure, likeas his Maᵗⁱᵉˢ Commissioner
foresaid, and Lords of Secret Councel, abrogat and dischargis the said
Service Book and Book of Canons, and inhibits all use and practice
thereof, by whatsoever person or persons, of whatsoever quality,
ecclesiastical or civil, within this Kingdom, anent the act of Councel
made in the month of __________ 1636, and another made in the month
__________ 1637, with the warrants whereupon the same proceeds, and
proclamations following thereupon, anent the premises, or any part
thereof, with all other warrants and proclamations made thereanent; and
declares the same to be now and, in all time coming, null. And as far
the High Commission, the Lord Commissioner and Lords of Secret Councel
finds themselues warranted to discharge; likeas, by these presents,
they do discharge all the practice and exercise whatsomever of the high
commission past heretofore: and declares all his Majestie’s Lieges
of whatsomever quality, free of all compearance before the Judges of
the said high commission, and discharges the saids Judges of all
proceeding agᵗ His Maᵗⁱᵉˢ subjects, by virtue thereof in time coming,
till his Majesty so rectify the same as nothing therein shall impugn
the Laws of this Kingdom, nor be a just grievance to his Majesty’s good
subjects; and ordains proclamation to be made hereof at the Mercat
Cross of Edinburgh, and other places needful, wherethro’ none pretend
ignorance of the same.

       *       *       *       *       *

1638.—July 13.

53. _Letter from Lord Rothes to Patrick Leslie, Aberdeen._[78]

LOVING COUSIN,

Because your town of Aberdeen is now the only Burgh in Scotland that
hath not subscribed the Confession of Faith [Covenant,] and all the
good they can obtain thereby is, that if we sail fairly, as there are
very good conditions offered, they shall be under perpetual ignominy,
and the Doctors that are unsound, punished by the Assembly; and if
things go to extremity, because they refuse, and, in hopes of the
Marquis Huntly’s help, the King will, perhaps, send in some ship or
ships, and men there, as a sure place, and if that be good for the
country, judge ye of it. It is but a fighting against the high God
to resist this cause, and it is so far advanced already, that, on my
honour, we could obtain with consent, 1. Bishops limited by all the
strait caveats. 2. To be yearly censurable by Assemblies. 3. Articles
of Perth discharged. 4. Entry of Ministers free. 5. Bishops and Doctors
censured for bygone usurpation, either in teaching false doctrine, or
oppressing their brethren. But God hath a great work to do here, as
will be shortly seen, and men be judged by what is past. Do ye all
the good ye can in that town, and in the country about—ye will not
repent it—and attend my Lord Montrose, who is a noble and true-hearted
cavalier. I remit to my brother, Arthur, to tell you how reasonable
the Marquis Huntly was, being here away: he was but slighted by the
Commissioner, and not of his privy Council. No further. I am your
friend and cousin,

ROTHES.

       *       *       *       *       *

1638.—July 27.

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

CHARLES R.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  C. R.
  London the 27ᵗʰ July, 1638.

       *       *       *       *       *

1638.—July 28.

55. _His Majesties Ten Demands._[80]

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

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

1638.—July 28.

56. _Answers to these Articles._[81]

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

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

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

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

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

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

The eighth, requiring that Bishops, and Ministers be secured in their
persons, we think so reasonable, that wee will promise everie one of
us for our own parts, they shall suffer no violence from us, and that
we shall hinder others so farre as wee may; And if any trouble them
otherwise, or make them any kinde of molestation in that attendance but
by order of Law, the parties are justly punishable according to the
degree of their fault as other subjects are.

To the tenth, concerning the dissolving of all Convocations and
meetings, and the peaceablenesse of the Countrie; These meetings being
kept for no other end, but for consulting about lawfull remedies
against such pressing grievances as threaten the desolation of this
Church and State, cannot be dissolved till the evils be removed. And
we trust, that nothing in these our meetings hath escaped us, which
carrieth in it the smallest appearance of undutifulnesse, or which
may seeme to tend to the breach of the common peace: But although our
adversaries have herein calumniated us, yet we have alwayes so behaved
our selves, as beseemed his Majesties most humble and loyall subjects,
petitioning his Majestie for a legall redresse of our just grievances.

To the last, concerning the Covenant; the Commissioner his Grace
having many times and most instantly pressed us with that point, we
did first by invincible arguments make manifest, that we could not,
without sinning against God, and our owne consciences, and without
doing wrong to this Nationall Church, and all posteritie, rescind or
alter the same: And thereafter did at large cleare the same of all
unlawfull combination against Authoritie, by our last Supplication and
Declaration, which his Majesties Commissioner accepted as the most
readie and powerfull of all other meanes, which could come within
the compasse of our thought to give his Majestie satisfaction, The
subscription of this our confession of Faith, and Covenant being an
act so evidently tending to the glorie of God, the Kings honour, and
happinesse of the Kingdome: And having alreadie proved so comfortable
to us in the inward of our hearts, It is our ardent and constant
desire, and readie wish, that both his Majestie and all his good
subjects may be partakers of the same comfort, Like as we finde our
selves bound by conscience, and by the Covenant it selfe, to perswade
all his Majesties good subjects to join with us for the good of
Religion, his Majesties honour, and the quietnesse of the Kingdome:
which being modestly used by us without pressing, or threatening of
the meanest, we hope shall never give his Majestie the least cause of
discontent.

Seeing therefore, according to our power and interesse, wee are most
willing to remove all hinderances, that things may bee carried in
a peaceable manner, worthy our Profession, and Covenant, doe aime
at nothing but the good of the Kingdome, and preservation of the
Church, which by consumption, or combustion, is like to be desperately
diseased, except remedy some way be speedily provided; And wee delight
to use no other meanes, but such as are legall, and have been ordinarie
in this Church, since the Reformation: Wee are confident that without
further delay, for preventing of greater evils and miseries then we can
expresse our just desires shall be granted. So shall we be encouraged
in the peace of our souls, still to pray for his Majestie, all encrease
of our true honour and happinesse.

       *       *       *       *       *

1638.—July 28.

57. _Reply by the Commissioner._[82]

1. If the Lords and the rest will undertake for themselves and the
rest, that noe Laicks shall have voyces in choosing the Ministers to
bee sent from the severall Presbyteries to the General Assembly, nor
none else but the Ministers of the same Presbyterie:

2. If they will undertake that at the Assemblie they shall not goe
about to determine of things established by Acts of Parliament,
otherwise then by remonstrance or petition to the Parliament, leaving
the determining of things Ecclesiasticall to the generall Assembly, and
things settled by Act of Parliament, to the Parliament:

Then I will presently indict a Generall Assembly, and promise, upon my
Honour, immediately after the Assembly to indict a Parliament, which
shall cognosce of all their complaints.

       *       *       *       *       *

1638.—July 30.

58. _Letter from the King to Privy Council._[83]

CHARLES R.

Right trusty and well-beloved Cousin, Councellour and Commissioner, and
Right trusty and well-beloved Cousins and Councellours, and trusty and
well-beloved Councellours, We Greet you well.

The great Distractions which have of late arisen both in Kirk and
Commonwealth, in that Our Ancient Kingdom of Scotland, have much
troubled the minds of many good and loyal Subjects there, and these
Distractions have fallen out among them upon Jealousies and Fears of
Innovation in Religion, and introducing of Popery; and not without some
Fears conceived amongst them, as if We Our Self were that way inclined.

Upon occasion of these Fears they have of late signed a Covenant,
or Bond for conserving the Religion established, and the Laws of
the Country; but this Bond being not subscribed by Royal leave and
Authority (as was that in Our dear Fathers time) must needs be both
null in it self, and very prejudicial to the ancient and laudable
Government of both Kirk and Commonwealth: which though We must declare
unto you, yet out of Our inborn Love to that Our Native Country, and
Loyal Subjects there, and for the obviating of these causeless Fears,
and to satisfie your selves and all Our loving People, We do hereby
under Our hand let you know that We are, and have ever been satisfied
fully in Our Judgement and Conscience, both for the Reformed Religion
and against the Roman; and that by Gods Grace and Goodness, We purpose
both to live and die in the belief and practice of the Religion now
established, and to preserve it in full strength, according to the Laws
of that Our Kingdom: and to the end that this may appear to Posterity,
how firm and settled We are in that Our Religion, We require you Our
Commissioner and Council to see these Letters registred according to
course.

Given at Our Court at Oatlands, July 30. 1638.

       *       *       *       *       *

1638.—July 30.

59. _Declaration by the King._[84]

CHARLES R.

The great Distractions which of late have risen both in Kirk and
Commonwealth, in this Our ancient Kingdom, have so troubled the
minds of many of Our good and loyal Subjects there, that they have
been possessed with Fears as if Popery had been intended to have
been introduced, and as if We Our Self were that way inclined: upon
occasion of which Fears a Covenant or Bond of late hath been drawn up,
intended by the Subscribers (as doth appear by their Supplication,
presented to Our Commissioner the 26th of June last) for conserving
the Religion and Laws of the Country; but it not being done by Royal
leave and Authority, as was that in Our dear Fathers time, must be
both null and void of it self, and much prejudicial to the ancient
and laudable Government of Kirk and Commonwealth: Therefore We for
obviating those Fears, which have been misconceived, both against Our
Person and Profession, for matters of Religion, and to satisfie not
our loving Subjects only, but all the Christian World, that We do, and
(by Gods Grace) ever will maintain the true Christian and Reformed
Religion, established in this our Kingdom, and to let the World see,
that this shall be done in and with all freedom according to the Laws
of Our Country, have signed the Confession of Faith, established by Act
of Parliament An. 1557, with this Bond following, in defence of it,
and Royal Authority, Laws, and Liberties of the Country; and do also
require the present Subscription of this Confession and Bond by all Our
loving Subjects, that it may remain in force to Posterity, that they
may know how careful We are, and have been to preserve the integrity of
Religion, and the freedom of Our Laws.

       *       *       *       *       *

1638.—August 13.

60. _Declaration by Hamilton to the Privy Council._[85]

MY LORDS,

I thought it fit to acquaint your Lordships before I returned His
Majesties Answer to the Noblemen, and others petitioning for the same,
which is so full of Grace and Goodness, that we have all cause to bless
God, and thank His Majesty for it: such is his tender care of this poor
distracted Kingdom, that he will leave nothing undone, that can be
expected from a Just Prince, to save us from Ruine; and since he finds
such Distraction in the Church and State, that they cannot be well
settled without a Parliament and Assembly, the state of the Country and
business being prepared for it, he hath given me Warrant for calling
of both, that they may be orderly held, as formerly they have been,
according to the Laws and Customs of the Kingdom.

And further I am to declare to your Lordships, that this we are to
attribute only to His Goodness, for we cannot but acknowledge, that our
carriage hath been such, as justly we might have expected that he would
have taken another course with us: which he was Royally and really
prepared for, (had not His Mercy prevailed above His just Indignation)
and by a powerful and forcible way have taught us Obedience, which he
hath forborn to make use of merely out of His Grace and Goodness. It is
our duty to let His Subjects know, how great our obligation is to Him,
which every one of us in particular, and all of us in general, should
strive to make every one sensible of; and labour, so far as lieth in
our power, to procure satisfaction to His Majesty, and quiet to this
distracted Church and State.

       *       *       *       *       *

1638.—August 25.

61. _Articles of Advice, by Hamilton and other Peers, to the King._[86]

Since the cause and occasion of all the Distractions, which of late
have happened both in Kirk and Polity, seems to proceed from the
conceived Fears of Innovation of Religion and Laws, and that the
Service-Book, Book of Canons, and the unbounded power of Bishops in the
High Commission (never yet warranted by Law) was that which first gave
ground and occasion to the Subjects Fears, and seeing the said Books
are offered to be proved, to be full of Tenets and Doctrines contrary
to the Reformed Religion, professed and established within this
Kingdom, and the same introduced against all form and custom practised
in this Church; it were an Act of Justice well beseeming so Gracious
and Glorious a King, absolutely and fully to discharge the same.

And seeing likewise this High Commission hath given so great offence to
so many of your Majesties good Subjects, and as is constantly affirmed,
is of so vast and illimited a power, and contrary to express Laws, by
which all such Judicatories, not established by Act of Parliament, are
declared to be of no force; it would much conduce to the satisfaction
of this People, if this Judicatory were discharged till the same were
established by Law.

The practice of the Five Articles of Perth hath been withstood by the
most considerable part of the Subjects of all qualities, both Laity and
Clergy, whereby great Divisions have been in this Church, and are like
to have an increase, if Your Majesty, (in Your accustomed goodness and
care of this poor Kirk and Kingdom) shall not be graciously pleased
to allow that the pressing of these Articles may be forborn until the
same may be considered of in an Assembly and Parliament; and although
we conceive Episcopacy to be a Church-Government most agreeable with
Monarchy, yet the illimited power which the Lords of the Clergy of this
Kingdom have of late assumed to themselves, in admitting and deposing
of Ministers, and in divers others of their Acts and Proceedings, gives
us just ground humbly to beg, that Your Majesty may be pleased to remit
to the Consideration of the Assembly this their unwarranted Power.

The sense and apprehension of these foresaid Evils, hath stirred up the
Subjects without warrant of Authority, to join in a Bond and Covenant
to withstand the foresaid Innovations, and for maintainance of the true
Religion, the Kings Majesties Person, and of one another in the defence
thereof.

If your Majesty might be graciously pleased in supplement hereof, to
allow or warrant such a Confession of Faith, with such a Covenant or
Bond joyned thereto, as that signed by Your Majesties Father, and by
His Command, by the Council and most part of the Kingdom, we are very
confident the same would be a ready and forcible mean to quiet the
present Disorders, at least to satisfie most part; and if Your Majesty
shall condescend to the foresaid Propositions, we are hopeful, if
not confident, it shall give so great content to so considerable a
number of Your Majesties good Subjects, of all qualities, that if any
shall stand out, or withstand Your Majesties Royal Pleasure, after the
publication thereof, they may be overtaken by Your Majesties Power
within this Kingdom, without the help or assistance of any Force
elsewhere.

And because it is to be hoped, that all that hath past in this
business, and all the Courses that have been taken herein by the
Subjects, hath proceeded from the foresaid Fears of Innovations, and
not out of any Disloyalty or dissatisfaction to Soveraignty, and that
Your good People may still taste the fruits of Your Grace and Goodness,
we wish Your Majesty may be graciously pleased, upon the Word of a
King, to pardon what is past, and never so much as to take notice of
any of the Actions or Proceedings of what person soever, who after this
shall carry himself as becomes a dutiful Subject, and in testification
thereof shall give his best assistance for settling the present
Disorders.

And if Your Majesty may be pleased to condescend hereto, we conceive
all Your Majesties Subjects, Petitioners or Covenanters, should
acquiesce, and rest heartily satisfied therewith; and if any shall be
so foolish or mad, as notwithstanding this Your Majesties grace and
goodness, still to disturb the Peace of Your Majesties Government, we
in testification of our hearty thankfulness to our Soveraign, by these,
humbly and heartily make offer of our Lives and Fortunes, for assisting
Your Majesty, or Your Commissioner, in suppressing all such Insolences
or insolent persons.

  Signed
  Hamilton.
  Roxburgh.
  Traquair.
  Southesk.

       *       *       *       *       *

1638.—September 9.

62. _New Instructions by the King to Hamilton._[87]

CHARLES R.

I. You shall in full and ample manner, by Proclamation or otherwise,
as you shall see cause, declare, That We do absolutely revoke the
Service-Book, the Book of Canons, and the High Commission.

II. You shall likewise discharge the practice of the Five Articles of
Perth, notwithstanding the Act of Parliament, which doth command the
same, and in the said Proclamation you shall promise, in Our Name, that
if in the first Parliament to be held the three Estates shall think fit
to repeal the said Act, We shall then give Our Royal Assent to the said
Act of Repeal.

III. You shall likewise declare, that We have enjoyned, and authorized
the Lords of Our Privy Council to subscribe the Confession of Faith,
and Bond thereto annexed, which was subscribed by Our dear Father, and
enjoyned by His Authority in the year 1580. and likewise have enjoyned
them to take order, that all our Subjects subscribe the same.

IV. You shall likewise declare, that Our meaning and pleasure is,
that none of Our Subjects, whether Ecclesiastical or Civil, shall
be exempted from censures and trial of the Parliament, or General
Assembly, those Courts proceeding against them in due form and order of
law.

V. You shall likewise declare, That we are Graciously content, that the
Episcopal Government, already established, shall be limited with such
Instructions, as may stand with the Laws of this Church and Kingdom
already established.

VI. You shall offer a Pardon by Proclamation, and promise in it a
Ratification of the same in Parliament, to all Our good Subjects, who
shall rest satisfied with this Our gracious Declaration, and hereafter
carry themselves as becomes peaceable and dutiful Subjects.

VII. You shall procure an Act of Council, wherein every Councellour
shall declare himself fully satisfied with this our Declaration,
and (if you can) they shall moreover solemnly swear and protest to
adhere to Us, and with their Lives, Fortunes, and whole Means, assist
Us in the punishing and repressing all such as shall be found to be
disobedient to Us, or persist in turbulent and unpeaceable Courses; and
if any of Our Councellours shall refuse so to doe, you shall presently
remove him from the place of a Councellour.

VIII. You shall likewise require every Lord of the Session to subscribe
the Confession of Faith abovementioned, and the Bond thereunto annexed;
as likewise to make the same Protestation in all things, as in the last
Instruction is required of a Councellour: and if they shall refuse to
doe it, you shall then certifie to Us the names of such Refusers.

IX. You shall likewise declare, that Our Pleasure is, That a most
solemn Fast be indicted upon a set day throughout the whole Kingdom,
which shall precede the General Assembly in some competent time. The
Causes shall be declared, to beg Gods blessing on that Assembly, to beg
of God a peaceable end to the Distractions of this Church and Kingdom,
with the aversion of Gods heavy judgement from both. The form of
Indiction we desire to be according to the most laudable Custom of this
Church in most extraordinary cases.

X. You shall labour as much as in you lieth, that both the Electors,
and Persons elected to be Commissioners at the General Assembly, shall
be the same that were wont to be in My Fathers time, and the same forms
to be observed as near as may be: but yet if that cannot be obtained,
it shall be no lett to you from indicting a General Assembly; but you
shall go on in it, by all such means, as you shall find to be most
advantageous to Me in that Service.

XI. The time and place of the Assembly, (Edinburgh only excepted) We
leave to your Judgment and Pleasure.

XII. You shall likewise presently indict a Parliament; the time and
place We leave likewise to you.

XIII. Whether you shall first publish Our Gracious Offers, or first
indict the Assembly, We leave it to your own Judgment as you shall see
cause.

XIV. If you shall find the most considerable part of the Council not
to acquiesce in this Our Gracious Declaration, and not to promise
hearty and chearful Assistance to Us, as is above expressed, or not a
considerable part of other Lords and Gentlemen, in case Our Council
refuse, then you shall neither indict Parliament nor Assembly, nor
publish any of My Gracious Offers, except only the abolishing of the
Service-Book, Book of Canons and High Commission; but leave them to
themselves, and to such further Order as We shall be forced to take
with them; only if you foresee a Breach, you shall give timely warning
thereof, to such as have stood well-affected to Our Service, that so
they may in due time provide for their safety, and your self is to
return to Us with expedition.

XV. You must by all means possible you can think of be infusing
into the Ministers, what a wrong it will be unto them, and what an
oppression upon the freedom of their Judgements, if there must be such
a number of Laicks to overbear them, both in their Elections for the
General Assembly and afterwards.

XVI. Likewise you must infuse into the Lay-Lords and Gentlemen with
art and industry, how manifestly they will suffer, if they let the
Presbyters get head upon them.

XVII. For the Forms of these We leave to you, and such Learned Council
as you shall use upon the place, always provided, that you retain the
substance of these Our Instructions.

XVIII. You shall enjoyn in Our Name the Lords of Council, and all other
Our good Subjects to subscribe the Confession of Faith signed by Our
dear Father; and publish Our charge to all Commissioners and Ministers
for that end, according to the same, signed with Our Royal Hand; and
further proceed in that particular, according as We have directed you,
and Our Council by Our Letter to that effect.

  CHARLES R.
  Oatlands the 9ᵗʰ
  of Septemb. 1638.

       *       *       *       *       *

1638.—September 9.

63.—_Instructions as to the Bishops._[88]

CHARLES R.

You shall shew My Lord of St Andrews, that We intend by being content
with his demission of the Chancellours Place no injury to him, and
most willing We are, that in the manner of doing it he may receive no
prejudice in his reputation, though we cannot admit at this time of
his nominating a Successor; and to make it more plain, that We are far
from having any thought to affront him, by thinking of his demission,
We will in no ways that you urge him to do it; yet you are to intimate
that in Our opinion a fair demission will prove more to the advancement
of Our Service, and be better for him, than if he should retain the
Place.

If you find him willing to demit, you shall then try what consideration
he doth expect from Us, and if the same be not altogether unreasonable,
you shall promise it in Our Name.

If a demission, then it is presently to be done.

If he resolve to hold that Place, then you must presently command his
repair to Scotland, all excuses set apart.

You shall communicate to him and the rest of his Brethren, that far of
Our Intentions, that it is probable you may indict a General Assembly.

That We are content absolutely to discharge the Books of Service, and
Canons, and the High Commission.

You shall shew that the Five Articles of Perth We are pleased be
esteemed as indifferent, and that though We maintain Episcopacy, yet We
will be content that their Power be limited according to the Laws.

And it is Our further Pleasure, that if an Assembly be indicted,
he and the rest of his Brethren be there, to defend themselves and
their Cause: and for that end, that he and they repair to Newcastle,
Morpeth, or Berwick, there to attend your further advertisement, that
so immediately they may repair to Scotland, not only to answer for
themselves at the said Assembly, but likewise to consult with you, what
will be fittest to be done, for the advancement of Our Service that
evil may be kept off, so much as in you and them lieth, both from Kirk
and Commonwealth.

  C. R.
  Oatlands the 9ᵗʰ September, 1638.

       *       *       *       *       *

1638.—September 9.

64. _Proclamation._[89]

Charles, by the grace of God, King of Scotland,
England, France, and Ireland, defender of the faith.
To our Lovits ______________________________________
____________________________________________________ Messengers, Our
Sheriffs, in that part conjunctly and severally specially constitute,
greeting. Forsomuch as the cause and occasion of all the distractions
which have happened of late both in Church and Common-weale of this
Our Kingdome, have proceeded from the conceived fears of innovation
of Religion and Lawes: To free all our good Subjects of the least
suspition of any intention in Us to innovate any thing, either in
Religion or Laws; and to satisfie, not only their desires, but even
their doubts: We have discharged, and by these presents do discharge
the Service book, book of Canons, and high Commission, and the practice
of them, or any of them; and by these presents annuls and rescinds all
acts of Councell, Proclamations, and other acts and deeds whatsoever
that have been made or published, for establishing them, or any of
them: and declares the same to be null, and to have no force nor effect
in time coming. And being informed, that the urging of the practice
of the five Articles of Pearth Assembly, hath bred great distraction
and division in the Church and State, We have been graciously pleased
to take the same into Our consideration; and for the quiet and peace
of Church and State, do not only dispense with the practice of
the saids Articles, but also discharge, like as by these presents
Wee discharge all and whatsoever persons from urging the practice
thereof, upon either laicke or ecclesiasticall person whatsoever.
And We doe hereby free all Our Subjects from all censure and pain,
whether ecclesiasticall or secular, for not urging, practising, or
obeying the same, notwithstanding of any thing contained in the acts
of Parliament, or generall Assembly to the contrarie. And because
it hath been, to the disgrace of government, disperst and surmized
throughout this Our Kingdome, that some of Our Subjects have exercised
such illimited and unwarranted power, and have held themselves eximed
from censure and punishment, to which others Our Subjects are lyable:
We do by these presents declare, that if any of Our Subjects, whether
ecclesiasticall or civill, of whatsoever qualitie, title, or degree,
have, or shall at any time presume to do any such act, or assume to
themselves any such exemption or power, That they shall, like as by
these presents We make and ordain them to be lyable to the tryall and
censure of Parliament, generall Assembly, or any other judicatories
competent, according to the nature and qualitie of the offence. And
for the free entrie of Ministers, that no other oath be administrate
unto them, than that which is contained in the act of Parliament. And
to give Our Subjects full assurance, that we never intend to admit of
any change or alteration in the true Religion already established and
professed in this Our Kingdome, And that all Our good people may be
fully and clearly satisfied of the realitie of Our intentions towards
the maintenance of the truth, and integrity of the said Religion: Wee
have thought fit and expedient to enjoyn and authorize, like as We
by these presents do require and command all the Lords of Our privie
Councell, Senatours of the Colledge of Justice, Judges, and Magistrates
to burgh and land, and all Our other Subjects whatsoever, to subscribe
and renew the Confession of Faith, subscribed at first by Our dear
Father and his houshold, in the yeare of God, 1580. Thereafter by
persons of all ranks, in the year 1581. by ordinance of the Lords of
secret Councell, and acts of the generall Assembly. Subscribed again
by all sorts of persons in the year, 1590. by a new ordinance of
Councell at the desire of the generall Assembly, with their generall
band of maintenance of the true Religion, and the Kings person. And
for that effect we do require the Lords of Councell to take such
course, anent the foresaid confession and generall band, that it may be
subscribed and renewed throughout the whole kingdome, with all possible
diligence. And because we will not leave in Our Subjects mindes the
least scruple or doubt of our royall intentions and reall resolutions,
Wee have given warrant to Our Commissioner to indict a free generall
Assembly to be holden at Glasgow the twentie one day of November, in
this present year, 1638. And thereafter a Parliament to be holden at
Edinburgh the fifteenth day of May, Anno 1639. for setting a perfect
peace in the Church, and Common-weale of this Kingdome. And because it
is likely that the disorders and distractions which have happened of
late, have been occasioned through the conceived fears of innovation
of religion and laws, and not out of any disloyalty or disaffection to
Soveraignty: We are graciously pleased absolutely to forget what is
past, and freely to forgive all by-gones to all such as shall acquiesce
to this Our gracious pleasure, and carry themselves peaceably as
loyall and dutifull Subjects, and shall ratifie and approve the same
in Our next ensuing Parliament. And that this Assembly may have the
better successe, and more happy conclusion, Our will is that there be
a solemne fast proclaimed and kept by all Our good Subjects of this
kingdome, a fourteen daies before the beginning of the said Assembly:
the causes thereof to be a begging a blessing from God upon that
Assembly, and a peaceable end to the distractions of this church and
kingdome, with the aversion of Gods heavie judgement from both. And our
pleasure is that this fast be kept in the most solemne manner as hath
been in this Church at any time heretofore upon the most extraordinary
occasion.

OUR WILL is herefore, and we charge you straitly and command, that
incontinent these our letters seen, ye passe, and make publication
hereof by open proclamation at the market crosses of the head burrows
of this kingdome, where-through none pretend ignorance of the same.

  Giuen at our court of Oatlands, the ninth day of
  September, 1638.

  _Per Regem._

       *       *       *       *       *

1638.

65. _A Direction by Covenanters for Presbyteries._[90]

1. That every Presbyterie have a copie of the Act made at Dundie the
seventh of March 1597. concerning the number of Commissioners; the
tenour whereof followeth:—

Because there hath beene no order hitherto anent the number of
Commissioners to be directed from everie Presbyterie to the Generall
Assemblie, therefore it is statuted and ordained, that in all time
comming three of the wisest and gravest of the Brethren shall be
directed from everie Presbyterie at the most, as Commissioners to
everie Assemblie and that none presume to come without Commission: And
likewise, that one bee directed from everie Presbyterie in name of the
Barons, and one out of everie Burgh, except Edinburgh, which shall have
power to direct two Commissioners to the Generall Assemblie.

2. That everie Presbyterie have a copie of the Commission, to be given
to the Commissioners; the tenour thereof followes.

T. T. ____ the ____ day of ____ The which day after calling upon
the name of God, We the members of the Presbyterie of ____ having
diligently considered the manifold corruptions, innovations, and
disorders, disturbing our peace, and tending to the overthrow of our
Religion, and Liberties of the reformed Church within this Realme;
which hath come to passe, especially through the want of the necessarie
remedie of Generall Assemblies, as well ordinarie as _pro re nata_,
injoyned by this Church for many yeares, and ratified by Act of
Parliament, And now expecting shortly by the mercie of God the benefit
of a free Generall Assemblie, do by these presents nominate and appoint
____ Minister of ____ as also ____ in name of the Burrowes, conjunctly
and severally our lawfull Commissioners, giving and granting unto them
our full power, Commission, and expresse charge, to repaire to the said
Assemblie at the day and place, when and where it shall happen to sit,
in any safe and commodious place within this Kingdome, and there with
the rest who shall be authorised with lawfull Commission, in our name
to propone, treat, reason, vote, and conclude, according to the word of
God, and confession of faith approved by sundrie Generall Assemblies,
and received throughout the whole Kingdome in all Ecclesiasticall
matters, competent to a free Generall Assemblie, and tending to the
advancement of the Kingdome of Christ, and the good of Religion, as
they will answer to God, and his Church thereupon, and to report to us
their diligence therein. In testification of this our Commission and
charge, we have subscribed these presents with our hands, and which
they have accepted with the lifting up of their hands.

3. That everie Church Session send one of the most qualified Elders
unto the Presbyterie the day of chusing Commissioners to the Generall
Assemblie: That by common consent of the Ministers and those Elders
present in the Presbyterie, there may bee chosen both the Commissioners
for the Ministers, and also some well affected and qualified Nobleman,
or speciall Gentleman, being an Elder of some particular Church
Session within that Presbyterie, in name of the Barons: For this is
the constitution of the Presbyteries, (otherwise called Elderships)
appointed by the Church in the books of discipline, Acts of the
Generall Assemblie, practised for many yeares after the reformation,
and ratified in the Parliament, the twelfth of King James the 6. and
never since altered nor rescinded; neither can be with reason altered,
seeing that same is the constitution of the supreme and Generall
Assemblies, and of the inferiour and Church Sessions, as is at more
length cleared by some reasons.

4. That such as are erroneous in doctrine, or scandalous in life, be
presently processed, that they be not chosen Commissioners; and if
they shall happen to be chosen by the greater part, that all the best
affected, both Ministers and Elders, protest and come to the Assemblie
to testifie the same.

5. To send to everie Presbyterie a copie of the printed reasons for an
Assemblie.

6. That Moderators by vertue of their office bee not Commissioners to
the Assemblie, except they be chosen.

7. That the Presbyteries in one of the ordinarie meetings, appoint
to conveene solemnely after the twentieth of September, either upon
the 21. 22. 23. 24. or 25. for chusing of their Commissioners to the
Assemblie, and for to send them hither to Edinburgh before the first
of October, or so soone as they can, that with common consent, they
may receive the Kings last answer, and advise upon the next lawfull
remedies, in their extreme necessities of Church and State.

That in the Fast to be observed on the sixteenth day of September, the
second day preceding their election, they may crave God’s direction
therein.

       *       *       *       *       *

1638.—September 22.

66. _Letter from the King to Hamilton._[91]

HAMILTON,

If I should be too long silent, I seem to contradict that Rule which
myself prescribed; therefore, though for the present I can say
nothing of the main business, yet this must go if it were but to
acknowledged the receipt of your two—viz., of the 12ᵗʰ of September
from Ferribridge, and of the 17ᵗʰ of the same from Holyrood-house. So
referring you to the Comptroller for what concerns the Ordnance that is
to be transported to Hull, I rest

  Your assured constant Friend,
  CHARLES R.

  Hampton-Court,
  22 Sept. 1638.

       *       *       *       *       *

1638.—September 22.

67, 68.—_Proclamations._[92]

At Holy-rood-house the 22. day of September 1638. Forsomuch as it hath
pleased the Kings Majestie, out of his pious and religious disposition
to the true Religion, and out of his fatherly care, for removing of
all feares, doubts, and scruples, which may arise in the mindes of his
subjects, for preservation of the puritie thereof, and upon divers
great and weightie considerations, importing the glory of God, the
peace of the Kirke and Common-weale of this kingdome, to appoint and
give order, that a free generall Assembly be indicted, kept, and holden
at the Citie of Glasgow the 21. of November next. Therefore the Lords
of secret Councell ordaines letters to be direct, charging Maissars,
and Officers of Armes, to passe and make publication hereof by open
Proclamation at the Market Crosse of Edinburgh, and the head Burrowes
of this Kingdome, and other places needfull. And to warne all and
sundry Archbishops, Bishops, Commissioners of Kirkes, and others having
place and vote in the Assembly, to repaire and addresse to the said
Citie of Glasgow the said one and twentieth day of November next to
come, and to attend the said Assembly induring the time thereof, and
aye and while the same be dissolved, and to doe and performe all which
to their charges in such cases appertaineth, as they will answer to the
contrarie at their highest perill.

At Holy-rood-house the 22. day of September 1638.

Forsomuch as it hath pleased his Majestie, out of his pious and
religious disposition to the true Religion, and out of his fatherly
care for removing of all feares, doubts, and scruples which may arise
in the mindes of his subjects, for preservation of the puritie thereof,
and upon divers other great and weighty causes, importing the glory
of God, the peace of the Kirke and Common-weale of this Kingdome,
to appoint and give order, that the Soveraigne and High Court of
Parliament shall be holden at the Citie of Edinburgh upon the 15. day
of May next to come, with continuation of dayes: Therefore the Lords of
secret Councell ordain letters to be direct to Maissars and officers
of Arms, charging them to passe to the market Crosse of Edinburgh,
and other places needfull, and there by open Proclamation to make
publication of the holding of the said Parliament, and to warne all
and sundry Noblemen, Prelates, and Commissioners for the Barons and
Burrowes, and all others having voice and place in the said Parliament,
that they and every one of them, in their most decent and comely
manner, make their addresse to the said Parliament, attend and await
thereat during the time thereof, and to discharge that duty which is
incumbent to them, and each one of them, as they will answer on the
contrary at their perill.

       *       *       *       *       *

1638.—September 22.

69. _Letter from the King to the Privy Council._[93]

Apud Holy-rood-house Septemb. 22. 1638.

The which day James Marquesse of Hamiltoun His Majesties Commissioner,
produced and exhibited before the Lords of Privie Councell, the two
Missive underwritten, signed by the Kings Maiestie, and directed to the
said Lords, which being read, heard and considered by the said Lords,
They have ordained, and ordaines the name to be inserted and registred
in the books of secret Councell, therein to remaine _ad futuram rei
memoriam_, whereof the tenour followeth.

  CHARLES R.

Right trusty, &c. being certainly informed that the distractions
which have happened of late, (both in Church and Commonwealth) in
this Our ancient Kingdome of Scotland, have much troubled the minds
of many of Our good and loyall subiects; and that these distractions
have beene occasioned upon jealousies and feares of innovation of
Religion and Lawes, as tending to the introduction of Poperie, and not
without some suspition as if Wee Our selfe were inclined that way;
Upon occasion whereof, many of Our subjects have of late subscribed a
band or Covenant for preserving the true Religion and Lawes already
established, and for defending the Kings person, and each others, in
defence thereof: But the same not being warranted by Royall authority
(as that which was in Our deare Fathers time) must needs of it selfe be
ineffectuall, and much prejudiciall to the ancient Forme and Custome of
government kept within that Our Kingdome of Scotland: Wherefore Wee,
out of Our inborne love to Our said native Countrie, and for obviating
these conceived feares, and satisfying of you and all Our loving
people, have thought good to ordaine the Confession of Faith, and band
subjoyned thereto, of the date at Edinburgh, Januarie 28. 1580. and
signed by Our Royall Father to bee renewed: And to that effect have
given Order to Our Commissioner, with advice of Our Councell, to set
downe and settle some solid course, whereby the same may be subscribed
by Our Councell, Judges, Magistrates of Burroughes, and all other Our
people of that Kingdome. And for further clearing of Our selfe, Wee
declare, That as We are and ever have beene satisfied in Our judgment
and conscience for the reformed Religion now established, and against
the Roman: so Wee purpose, by Gods grace, both to live and die in
the practice thereof, and to preserve and maintaine the same in full
strength and integritie, according to the Lawes of that Our ancient
Kingdome. What We have thought further fitting to be done at this time,
concerning the particulars contayned in Our subjects petitions; you
shall receive Our full pleasure therein from Our Commissioner. And that
this Our Declaration concerning Our selfe, and Our pious intention, for
settling the Reformed Religion within that Our Kingdome may appeare to
posteritie. Our pleasure is, that these presents be registred in the
Books of Councell.

  Oatlands, Septem. 9. 1638.


1638.—September 22.

70. _Act of Council._[94]

The Lords of secret Councell having read and maturely considered his
Majesties letters, and particular declaration of his pleasure anent the
annulling of the Service Book, book of canons, and high Commission,
discharging the pressing of the practice of the five Articles, making
all persons Ecclesiastick and Civill, of what title or degree soever,
lyable to the triall and censure of Parliament, general Assembly, &
other judicatories competent, anent the not administrating to ministers
at their entry any other oath than that which is contained in the
act of Parliament anent the subscribing and renewing the confession
of faith, subscribed by his Majesties Father of blessed memory, and
his houshold, in Anno 1580. and band following thereupon, anent the
indiction of a generall Assembly, to be holden at Glasgow the 21. day
of November 1638, and Parliament at Edinburgh the 15 of May, 1639.
and anent his gracious goodnesse in forgetting and forgiving all
by-gones, and indiction of a fast for craving of God’s blessing to
this Assembly; finde themselves so fully satisfied therewith, and the
same to be so satisfactorie for removing all the fears of the subjects
anent innovation of religion or laws, that we hold our selves bound
in dutie, not only to acquiesse therewith, as the best mean to secure
both religion and laws, but also to use our best endeavours, that all
his Majesties good subjects may likewise rest satisfied therewith. And
that they with us, and we with them, may testifie our thankfulnesse
for so great a grace and goodnesse with all the hearty expressions
of dutifulnesse and loyalty, and that our true sense hereof may the
more clearly appear to our Sacred Soveraigne; We do by these humbly
and heartily make offer of our lives and fortunes in the defending
and assisting of his Majesties sacred person and authority; in the
maintenance of the foresaid religion and confession, and repressing of
all such as shall hereafter presse to disturbe the peace of this Kirk
and Kingdome.

In witnesse whereof we have heartily and freely subscribed these
presents with our hands. At Halyrude-house the 22 day of September.
1638.

  _Sic Subscribitur._

HAMMILTOUN.

  Traquaire, Roxburgh, Mairsheall, Mar, Murray, Linlithgow, Perth,
  Wigtoun, Kingorne, Tullibardin, Hadington, Annandail, Lauderdail,
  Kinnoul, Dumfreis, Southesk, Belheaven, Angus, Lorne, Elphinstoun,
  Naper, Dalyell, Amont, J. Hay, S. Thomas Hope, S. W. Elphinstoun, Ja.
  Carmichael, J. Hammiltoun, Blackhall.


1638.—September 22.

71. _The Protestation of the Noblemen, Barons, Gentlemen, Burrowes,
Ministers, and Commons, the 22. September 1638_ [after the reading of
the Proclamation dated September 9.][95]

Wee Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons,
his Majesties true and loyall subjects, That whereas our continuall
supplications, complaints, articles, and informations, presented,
first, to the Lords of his Majesties Privie Councell; next, to
his sacred Majestie, and last, from time to time to his Majesties
Commissioner, our long attendance and great patience this twelvemonth
bygone, in waiting for satisfaction of our most just desires, our zeale
to remove all rubs out of the way, which were either mentioned unto us,
or could be conceived by us, as hinderances of our pious intentions,
aiming at nothing but the good of the Kingdome, and preservation of
the Kirk, which by consumption or combustion is likely to expire;
delighting to use no other meanes but such as are legall, and have
beene ordinarie in this Kirk since the reformation, and labouring
according to our power and interesse, that all things might be carried
in a peaceable manner, worthy of our Profession and Covenant, our
Protestation containing a hearty thanksgiving for what his Majesty in
his Proclamation from his justice had granted of our just desires,
and our Protests and hopes for so much as was not as yet granted:
All these made us confidently to expect from his Majesties royall
and compassioned disposition towards this his native Kingdome, that
a free Generall Assembly and Parliament should have beene indicted,
as the ordinary and most proper remedies of our grievances, and
did constraine us to renew our petition, earnestly intreating that
his Majesties Commissioner would be pleased to represent unto his
Majesty the condition of this Kirk and Kingdome, crying in an extreme
exigencie for present help, with the lawfulnesse of the remedies
prescribed by his Majesties Lawes, required by us, and presented to
him in some particular Articles, which his Grace promised to recommend
to his Majestie, and to doe his best endeavours for obtaining the
same; especially the first Article, that there might be indicted a
full and free Generall Assembly, without prelimitation, either in
the constitution and members thereof, in the order and manner of
proceeding, or in the matters to be treated: And if there should be
any question or doubt about one of these, or such like particulars,
that the determination thereof might be remitted to the Assembly it
selfe, as the only proper and competent Judge. And now, after so
many supplications, complaints, articles, and informations; after
our necessary protestation, expressing the humble thankfulnesse and
continued desires of our hearts; after so long expectation, and so
much dealing, having with open eares and attentive minds, heard his
Majesties Proclamation, It is our desire, purpose, and endeavour so
to proceed, that we may upon the one part still be thankfull to God
and the King for the least blinke of his Majesties countenance, and
the smallest crums of comfort that fall unto us from his Majesties
Royall hands; beseeching the Lord yet farther to inlarge his Majesties
heart, for our full satisfaction and rejoicing, to the honour of God,
the good of this Kirk and Kingdome, and his Majesties never dying fame
and glory; that his wise government and zeale to the service of God
may be a measure and patterne of desires to all generations hereafter,
when they shall be wishing for a religious and righteous King: And
on the other part, that Christ our Lord, the King of kings, through
our neglect or luke-warmnesse may want no part of his Soveraignty and
Dominion, and that in our Religion, which is more dear unto us then
our lives, we deceive not our selves with that which cannot satisfie
and make up the breach of this Kirke and Kingdome, or remove our
feares, doubts, and suspicions of the innovations of Religion: This
hath made us to observe and perceive, that his Majesties Proclamation
doth ascribe all the late distractions of this Kirke and Common-wealth
to our conceived feares of the innovation of Religion and Law, as the
cause and occasion thereof, and not to the innovations themselves, with
which we have beene for a long time, and especially of late, heavily
pressed and grieved; as if the cause were rather in apprehension and
fancie, then in reality and substance. That the Service book and booke
of Canons are not so far discharged by this Proclamation, as they
have beene urged by preceding Proclamations; for this Proclamation
onely dischargeth the practice of them, and rescinds the Acts made
for establishing their Practice, but doth not rescind the former
Proclamations, namely, that of the 19 of February at Stirling, and that
of the fourth of July at Edinburgh, which give an high approbation to
these Books, as fit meanes to maintaine Religion, and to beat down all
superstition; and withall declares his Majesties purpose, to bring them
into this Kirk in a faire and legall way: And thus both our feares that
they may be introduced hereafter, must still remaine; and the libertie
of the Generall Assembly by such a Declaration of his Majesties
judgement, is not a little prejudged in the minds of so many as wisely
consider and compare the preceding Proclamations with this which we now
heare, although others who looking upon one step and not upon the whole
progresse, run on rashly, and neither considering what they are doing,
nor with whom they are dealing, may be easily deceived _Qui pauca
videt, citò judicat_, a short sight maketh a sudden judgement.

That it is declared in this Proclamation, That his Majesty neither
intendeth to innovate any thing in Religion or Lawes, or to admit of
any change or alteration in the true Religion already established and
professed in this Kingdome: and withall, this is interposed, That
the articles of Pearth are established by the acts of Parliament and
generall Assembly, and dispensation of the practice only granted,
and discharge given, that no person be urged with the practice
thereof; and consequently, his Majesties intention for the standing
of the Acts of the Assembly and Parliament, appointing the Articles
of Pearth, is manifest; which is no small prejudice to the freedome
of the Generall Assembly, That while the Proclamation ordaineth all
his Majesties subjects to be liable to the triall and censure of the
judicatories competent, and that none of them shall use any unlimited
and unwarranted power; likewise that no other oath be administred to
Ministers at their entrie, then that which is contained in the Act
of Parliament; in both these Articles the Bishops are meaned, who are
only thereby for the present curbed, against their exorbitancie and
enormities in exercing their office: but the office of Bishops is
thereby not only presupposed as unquestionable, but also so strongly
established, that his Majestie declareth, for the present, his
intention, to admit no innovation therein: which is more evident by
the indiction of the Parliament, warning all Prelats to be present,
as having voice and place in Parliament; and by the indiction of the
Assembly, warning all Archbishops and Bishops (for so are their divers
degrees and offices Ecclesiasticall here designed and supposed) to be
present, as having place and voyce in the Assembly, contrary to the
caveats, acts of the Kirk, and our declinator: And thus a third and
great limitation is put upon the Generall Assembly. The Proclamation,
by reason of these many reall limitations, and prejudices of the
liberty of the Assembly in the very points which have wrought so
much woe and disturbance in this Kirk and Kingdome, and wherein the
liberty of the Assembly is most usefull and necessary at this time, can
neither satisfie our grievances and complants, nor remove our feares
and doubts, nor cannot (without protestation) be admitted by us his
Majesties subjects, who earnestly desire that Truth and Peace may be
established; and that for the reasons following:—

1. To keepe silence in any thing that may serve for the good of the
Kirk, whether it be in preaching, prayer, or in proposing and voyceing
in a lawfull Assembly of the Kirke, is against the word of God. Esai.
62. 6. “Yee that are the Lords remembrancers, keepe not silence, and
give him no rest till he establish, and till he make Jerusalem a
praise in the earth.” 1. King. 18. 21. “Like the halting of the people
betweene two opinions, and their not answering a word, when the Lord
called them to give a testimony.” Act. 20. 20. “I have keeped backe
nothing that was profitable unto you:” and againe 1 Cor. 12. 7. Mat.
15. 18. Rom. 1. 18. Revel. 2. 14. 20. and 3. 15: and therefore to
keepe silence, or not to meddle with corruptions, whether in doctrine,
sacraments, worship or discipline, in a generall Assembly of the Kirk,
conveened for that end, were the ready way to move the Lord to deny his
Spirit unto us, and to provoke him to wrath against our proceedings,
and might be imputed unto us for prejudice, for collusion, and for
betraying our selves and the posterity.

2. This predetermination is against our supplications and
protestations, wherein we have showne ourselves so earnest for a free
generall Assembly, contrary to every limitation of this kind; so far
prejudging the liberty thereof, is against the Confession of Faith
registrated in the Parliament 1567, declaring that one cause of the
Councels of the Kirk is for good policie and order to be observed in
the Kirk, and for to change such things as men have devised when they
rather foster superstition then edifie the Kirke, using the same; and
is against our late Confession, wherein we have promised to forbeare
all novations till they be tryed, which obligeth us to forbeare now,
and to try them in an Assembly, and by all lawfull meanes to labour
to recover the former purity and liberty of the Gospel, to which this
limitation is directly repugnant, our liberty in a Generall Assembly
being the principall of all lawfull meanes serving to that end.

3. This were directly contrary to the nature and ends of a generall
assembly, which having authority from God, being conveened according
to the lawes of the Kingdome, and receiving power from the whole
collective body of the Kirke, for the good of Religion, and safety
of the Kirke; whatsoever may conduce for these good ends in wisdome
and modesty should be proponed, examined, and determined without
Prelimitation, either of the matters to bee treated, or of the liberty
of the members thereof. It being manifest, that as farre as the
assembly is limited in the matters to bee treated, and in the members
to be used, the necessary ends of the Assembly, and the supreme Law,
which is the safety of the Kirke, are as far hindered, and pre-judged.

This limitation is against the Discipline of the Kirke, which Booke
2. chap. 7. declareth this to be one of her liberties, That the
Assembly hath power to abrogate and abolish all Statutes and ordinances
concerning Ecclesiasticall matters that are found noysome and
unprofitable, and agree not with the time, or are abused by the people,
and against the acts of the generall assembly. Like as the pretended
Assembly 1610 declareth for the common affaires of the Kirk (without
exception or limitation) it is necessary that there bee yearely
generall Assemblies, And what order can bee hoped for hereafter, if
this assembly indicted after so long intermission, and so many grosse
corruptions be limited, and that more than ever any lawfull Assembly of
the Kirk was, when it was yearly observed.

5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessary
and lawfull forme of all Parliaments that nothing shall be done or
commanded to be done, which may directly or indirectly pre-judge the
liberty of free voicing or reasoning of the Estates, or any of them
in time coming. It is also appointed in Parl. 6. act 92. K. James 6.
that the Lords of Counsell and Session proceed in all civill causes
intended or depending before them, or to be intended, to cause execute
their decrees notwithstanding any private writing, charge, or command
in the contrary, and generally by the acts of Parliament appointing
every matter for its owne judicatorie, and to all judicatories their
owne freedome. And therefore much more doth this liberty belong
to the supreame judicatory ecclesiastick in matters so important
as concerneth Gods honour and worship immediately, the salvation
of the peoples Soules, and right constitution of the Kirk whose
liberties and priviledges are confirmed Parl. 12. K. James 6. Parl.
1. K. Charles, for if it be carefully provided by diverse Acts of
Parliament, especially Parl. 12. act 148. King James 6. That there be
no forstalling or regrating of things pertaining to this naturall life:
What shall be thought of this spirituall forstalling and regrating
which tendeth to the famishing or poysoning of the soules of the people
both now and in the generations afterward.

6. It were contrary to our Protestations, proceedings and complaints
against the late innovations. And it might bee accounted an innovation
and usurpation as grosse & dangerous to us, & the posterity, and
as prejudiciall to Religion as any complained upon by us, to admit
limitations, and secret or open determinations, which belongeth to no
person or judicatory, but to an Assembly, Or to consent to, and approve
by our silence the same predeterminations, It were to be guilty of
that our selves, which we condemn in others. We may easily judge how
the Apostles before the Councell of Jerusalem, the Fathers before the
Nicene Councell, and our Predecessors before the assembly holden at the
Reformation, and afterwards, would have taken such dealing.

That this Proclamation commandeth all his Ma jesties Subjects for
maintenance of the Religion already established to subscribe and
renew the Confession of Faith subscribed before in the yeare 1580 and
afterward. And requireth the Lords of privy Counsell to take such
course anent the same, and the generall Band of Maintenance of the true
Religion, and the Kings person, that it may be subscribed, and renewed
throughout the whole Kingdome with all possible diligence, which cannot
now be performed by us. For although of late we would have been glad
that our selves and other his Majesties Subjects had been commanded by
authority to sweare, and subscribe the generall Confession of Faith
against Popish errours, and superstitions: and now would be glad that
all others should ioyne with us in our late Covenant & Confession,
descending more especially to the novations and errors of the time,
and obliging us to the defence of Religion; and of the Kings Maiesties
person, and authority, and for these ends to the mutuall defence every
one of us of another, Yet can we not now after so necessary, and
so solemne a specification returne to the generall for the reasons
following.

1. No means have been left unassayed against our late Confession of
Faith and Covenant so solemnly sworn and subscribed. For first we
were prest with the rendering and rescinding of our Covenant. Next an
alteration in some substantiall points was urged. 3. A Declaration was
motioned, which tended to the enervation thereof, and now we finde in
the same strain, that we are put to a new triall, and the last mean
is used more subtile than the former: That by this new subscription
our late Covenant, and Confession may be quite absorbed and buried
in oblivion, that where it was intended & sworn to be an everlasting
Covenant never to be forgotten, it shall be never more remembered, the
one shall be cryed up, and the other drowned in the noise thereof,
And thus the new subscription now urged (although in a different way)
shall prove equivalent to the rendering of the Covenant, or what of
that kinde hath before been assayed. Like as the reasons against the
rendring of the Covenant, doe militate directly against this new motion.

2. If we should now enter upon this new Subscription, we would think
our selves guilty of mocking God, & taking his Name in vain, for the
tears that began to be powred forth at the solemnizing of the Covenant
are not yet dryed up and wiped away, and the joyfull noise which then
began to sound hath not yet ceased, and there can bee no new necessity
from us, and upon our part pretended for a ground of urging this new
subscription, at first intended to be an abjuration of Popery upon us
who are knowne to hate Popery with an unfained hatred, and have all
this yeare bygone given large testimony of our zeale against it. As we
are not to multiply miracles on God’s part, so ought we not to multiply
solemne oathes and Covenants upon our part, and thus to play with
oathes, as children doe with their toyes, without necessity.

3. Neither would we in giving way to this new subscription think our
selves free of perjury: for as we were driven by an undeclinable
necessity to enter into a mutuall Covenant, so are we bound, not only
by the law of God and nature, but by our solemn oath and subscription,
against all divisive motions to promove and observe the same without
violation: and it is most manifest, that having already refused to
render, alter, or destroy our Covenant, nothing can bee more contrary
and adverse to our pious intentions and sincere resolutions, than to
consent to such a subscription and oath, as both in the intention of
the urgers, and in the nature and condition of the matter urged, is
the ready way to extinguish, and to drowne in oblivion the Band of our
union and conjunction that they be no more remembred. In this case
we are called to lay seriously to our hearts, 1, That we have sworne
that we shall neither directly, nor indirectly suffer our selves to
be divided and withdrawne from this blessed and loyall conjunction,
which consisteth not only in the generall Confession, but also in
our explanation, & application thereof, but on the contrary, shal by
all lawfull means, labour to further and promove the same. 2. That
our union and conjunction may be observed without violation, (and so
without mutilation of our application) we call the living LORD to
witnesse, as we shall answer to Christ in the great Day, &c.

4. This new subscription, instead of performing our vows, would be a
reall testimony and confession before the World, That we have been
transgressours, in making rash vows, that we repent our selves of
former zeal and forwardnesse against the particulars exprest first in
our Supplications, Complaints, and Protestations, and next abjured in
our Covenant, that we in our judgement prefer the generall Confession
unto this, which necessarily was now made more speciall; and that
we are now under the faire pretext and honest cover of a new oath,
recanting & undoing that, which upon so mature deliberation we have
been doing before. This beside all other evils, were to make way and
open a door to the re-entry of the particulars abjured, and to repent
our selves of our chiefest consolations, and to lie both against God
and our owne soules.

5. It hath been often objected, that our Confession of Faith, &
Covenant was unlawfull, because it wanted the warrants of publick
authority, and it hath been answered by us, that we were not destitute
of the warrant civill and ecclesiasticall which authorized the former
Covenant. And although we could have wished that his Maᵗʸ had added
both his subscription & authority unto it, yet the lesse constraint
from authority and the more liberty, the lesse hypocrisie, and more
sincerity hath appeared: But by this new subscription urged by
authority we both condemn our former subscription as unlawfull, because
alleadged to be done without authority, and precondemn also the like
laudable course in the like necessity to be taken by the posterity.

6. What is the use of merch-stones upon borders of Lands, the like
use hath Confessions of Faith in the Kirk, to disterminate and divide
betwixt Truth and errour: and the renewing and applying of Confessions
of Faith to the present errors and corruptions, are not unlike ryding
of merches. And therefore to content our selves with the generall, and
to return to it, from the particular application of the Confession
necessarily made upon the invasion or creeping in of errors within the
borders of the Kirk, if it be not a removing of the merch stone from
its own place, it is at least the hiding of the merch in the ground
that it be not seen, which at this time were very unseasonable for
two causes. One is, because Popery is so pregnant, and powerful in
this land, as we have learned of late. The other, because the Papists
who upon the urging of the Service book & Canons, have presumed of
our return to Rome, will upon this our subscription arise from their
dispareing of us, unto their wonted presumption. None of us will
deny, but the large Confession of Faith registrated in the Acts of
Parliament, doth by consequence contain this short confession and
abjuration: Yet were it not sufficient against Popery to subscribe the
one without the other: how then shall we think that the more generall
Confession & abjuration at this time, when the urging of such Popish
books hath extorted from us so necessary an application, and doth still
call for a testimony, to be compleat enough without it.

7. The Papists shall hereby be occasioned to renew their old objection
against us, _Annuas & menstruas fides de Deo decernunt_, That our Faith
changeth with the Moon, or once in the yeere. Other reformed Kirks
might justly wonder at our inconstancy in changing our Confession
without any reall necessity, and that in one and the same yeer it
cometh forth larger, & more particular, then shorter, & more generall:
& our Adversaries will not fail to traduce us as troublers of the peace
of the kirk & kingdom without any necessar cause.

8. It will likewise prove a confirmation of their errour, who think
they may both subscribe the Confession of Faith, and receive the
Service book, and Canons, which is not only a direct scandaling of
them, but also a ready way to put a weapon in their hands against our
selves, who maintain and professe that these and such other evils are
abjured in the Confession of Faith.

9. If we should now sweare this Confession, we should be obliged by
our oath to maintain Perth articles, which are the innovations already
introduced in the worship of God, and to maintain Episcopacy, with the
civill places, and power of Kirkmen. Because we are bound to swear
this Confession by vertue of & conform unto the Kings command signed
by his sacred Majesty of the date September 9. 1638. (These are the
very words subioyned to the Confession and Band, and prefixed to the
Subscriptions) and it cannot be denyed, but any oath ministred unto
us, must either be refused, or else taken according to the known mind,
professed intention, and expresse command of Authority urging the
same: And it is most manifest, that His Maiesties minde, intention,
and Commandement, is no other, but that the Confession be sworne, for
the maintenance of religion, as it is already or presently professed,
(these two being coincident, altogether one and the same, not only in
our common form of speaking, but in all His Maiesties Proclamations)
and thus as it includeth, and conteineth within the compasse thereof,
the foresaid novations and Episcopacy, which under that name were also
ratified, in the first Parliament holden by his Majesty. And where it
may be objected, that the Counsellors have subscribed the Confession of
Faith, as it was professed 1580. and will not urge the Subscription in
another sense upon the Subjects. We answer, First, the Act of Counsell
containing that declaration, is not as yet published by Proclamation.
Secondly, if it were so published, it behooved of necessity either be
repugnant to His Majesties declared Iudgement and Command, which is
more nor to sweare without warrand from Authority (a fault although
unjustly, often objected unto us) or else we must affirme the Religion
in the yeare 1580. and at this time to be altogether one and the same;
and thus must acknowledge, that there is no novation of Religion, which
were a formall contradiction to that we have sworne. 3. By approving
the Proclamation anent the Oath to be administred to Ministers,
according to the Act of Parliament, which is to sweare simple obedience
to the Diocesan Bishop, and by warning all Archbishops and Bishops to
be present; as having voice and place in the Assembly: They seem to
determine, that in their Iudgement the Confession of Faith, as it was
professed 1580. doth consist with Episcopacy, whereas We by our oath
have referred the tryall of this or any other question of that kinde
to the generall Assembly & Parliament.

10. This subscription and oath in the mind & intention of authority, &
consequently in our swearing thereof may consist with the corruptions
of the Service book & Canons, which we have abjured as other heads of
Popery: For both this present proclamation, and his Majesties former
proclamations at Linlithgow, Striveling, Edenburgh; The Lords of privy
Counsell in their approbation of the same; and the prelates and doctors
who stand for the Service book & Canons, Doe all speak plainly, or
import so much, That these bookes are not repugnant to the Confession
of Faith; and that the introducing of them is no novation of religion
or law: And therefore wee must either refuse to subscribe now, or we
must confesse contrary to our late Oath, and to a cleare Truth, That
the Service book and Canons are no innovations in Religion. And, though
the present bookes be discharged by proclamation, yet if we shall by
any deed of our own testifie, that they may consist with our Confession
of Faith, within a very short time, either the same bookes, or some
other like unto them, with some small change, may be obtruded upon
us, who by our abiuration (if we adhere unto it) have freed both our
selves, and the posterity of all such corruptions, and have laid a
faire foundation for the pure worship of God in all time comming.

11. Although there be indeed no substantiall difference between that
which We have subscribed, & the Confession subscribed 1580. more
than there is between that which is hid, and that which is revealed;
A march stone hid in the ground, and uncovered, betwixt the hand
closed and open, betwixt a sword scheathed and drawne, or betwixt the
large Confession, registrat in the Acts of Parliament, and the short
Confession, or (if we may with reuerence ascend yet higher) between the
Old Testament & the New, yet as to scheath our sword when it should be
drawn, were imprudency, or at the commandement of Princes, professedly
Popish in their dominions, after the Subiects had subscribed both
Confessions, to subscribe the first without the second, or at the will
of a Jewish Magistrate, openly denying the New Testament, to subscribe
the Old alone, after that they have subscribed both, were horrible
impiety against God, and Treachery against the Truth: Right so, for Vs
to subscribe the former a-part, as it is now urged and framed, without
the explanation and application thereof at this time, when ours is
reiected; and the subscribers of the former refvse to subscribe ours,
as containing something substantially different, and urge the former
upon us, as different from ours, and not expressing the speciall
abiuration of the euils, supplicated against by us, were nothing else,
but to deny and part from our former subscription, if not formally, yet
interpretatively. Old Eleazar, who would not seeme to eate forbidden
meate, and the Confessors and Martyrs of old, who would not seeme by
delivering some of their papers, to render the Bible, or to deny the
Truth, may teach us our duty in this case, although our lives were in
hazard for refusing this Subscription: And who knoweth but the LORD may
be calling His people now, who have proceeded so far in professing His
Truth at this time, to such Trials and Confessions, as His faithfull
witnesses have given of old; that in this point also our doing may be a
document both to the succeeding ages, and to other Kirks, to whom for
the present we are made a spectacle.

12. If any be so forgetfull of his oath (which God forbid) as to
subscribe this Confession, as it is now urged, he doth according
to the proclamation acquiesce in this declaration of his Majesties
will, and doth accept of such a pardon as hath need to be ratified in
Parliament, And thus doth turne our glory unto shame, by confessing
our guiltinesse, where God from Heaven hath made us guiltlesse, and by
the fire of His Spirit from Heaven hath accepted of our service, And
doth depart from the commandement of God, the practise of the Godly in
former times, and the worthy and laudable example of our worthy and
religious progenitours, in obedience whereof, and conform to which, We
made profession to subscribe: for there is no particular Act required
of us, to whom the pardon is presented in this proclamation, but this
new subscription allanerlie.

13. The generall band now urged to be subscribed, as it containeth
many clauses not so fitting the present time as that wherein it was
subscribed, so is it deficient in a point, at this time most necessary,
Of the reformation of our lives, that we shall answerably to our
profession, be examples to others, of all Godliness, sobernesse and
righteousnesse and of every duty we owe to God and man, without which
we cannot now subscribe this Confession, least we loose the bands to
wickednesse, seem to repent of our former resolutions and promises, and
choose to have our portion with hypocrites, professing and swearing
that we know GOD, but in our workes denying him, being abominable,
disobedient, and unto every good work reprobate.

14. Since the narrative of the generall band is now changed, & some
lines, expressing at length the Papists, and their adherents to be
the partie from whom the danger to Religion, and the Kings Majestie
was threatned, are left out, and no designation made of the partie
from whom the danger is now threatned, We are made either to think,
that our subscription at this time is unnecessarie, or to suspect
that we who have supplicated and entred in Covenant, are understood
to be the partie, especially since the Lords of Councell have in the
Act Septemb. 22. ratifying the Proclamation, found themselves bound
to use their best endeavours, that all his Majesties good subjects
may rest satisfied with his Majesties Declaration, since also we have
beene (although undeservedly) challenged of disorders, distractions,
and dangers to Religion, and his Majesties authority; and since in the
foresaid Act, and in the missive directed to his Majestie, the Lords of
Councell offer their lives and fortunes to his Majestie, in repressing
all such as shall hereafter prease to disturbe the peace of this Kirk
and Kingdome; which being expressed in a generalitie is by many applied
to us, and interpreted of our adhering to our Covenant; We should
therefore, by our subscription of the Covenant, as it is now conceived,
both do directly against our owne minds in condemning our selves,
wherein we are innocent, and should consent to our owne hurt, to the
suppressing of the cause which we maintaine, and to the repressing
mutually one of us of another, dirictly contrarie to our former solemne
Oath and subscription.

15. The subscribing of this Confession by the Lords of His Majesties
privie Councell, who by their place and high employment are publike
Peacemakers, and by others who have not subscribed the late Confession,
will make the breach wider, and the lamentable division of this Kirk
more desperate then ever before, some having sworne to labour by all
lawfull meanes to recover the former Libertie, and puritie of Religion,
and others maintaining that for puritie, which is alreadie established;
Some beleeving and professing, that the evils supplicated against,
are abjured in that Confession of Faith, and others maintaining the
Confession of Faith, and these corruptions (although for the present
discharged by Authoritie) not to be inconsistent: and beside this, many
divisions and subdivisions will ensue, to the dolefull renting of the
Kirk and Kingdome, making way for the wrath and many judgements of God
often threatned by his faithfull servants, which all the godly ought to
labour by all meanes to prevent.

16. Wee represent also to the honourable Lords of privie Councell to be
considered, That the Doctrine, Discipline, and Use of Sacraments are
sworne, and the contrarie abjured, according to the Word of God, and
the meaning of the Kirk of Scotland, in the Books of Discipline and
Acts of Assemblies; And that in the Oath there is no place left to the
generalitie of any mans conception of the true Faith and Religion, nor
to any private interpretation, or mentall reservation.

For these and the like considerations, in our owne name, and in name of
all who will adhere to the late Covenant, subscribed by Us, and sealed
from Heaven, We (from our dutie to God, our King, our native Countrey,
our selves, and the posteritie, lest our silence import a satisfaction
of our desires, and a stopping of our mouths, from necessarie
supplication, for things yet to bee obtained from his Majesties just
and gracious disposition), are constrained to declare and protest,
First, That the cause and occasion of the distractions of the Kirk and
common-wealth are no wayes to bee imputed unto us, or our needlesse
feares, but to the innovations and corruptions of Religion, which,
against the acts and order of this Kirk, and the Lawes of the Kingdome,
have beene pressed upon us the people of God, and his Majesties loyall
Subjects; who, although under great thraldom, were living in peace
and quietnesse, labouring in all godlinesse and honestie, to do our
dutie to God and man. Secondly, We protest, that all questions and
doubts that arise, concerning the freedome of the Assemblie, whether
in the constitution and members thereof, or in the matters to be
treated, or in the manner and order of proceeding, be remitted to
the determination of the Assembly it selfe, as the onely proper and
competent Judge, And that it shall be lawfull for us, being authorized
with lawfull commissions, as at other times when the urgent necessitie
of the Kirk shall require, so in this exigence to assemble our selves
at the Diet appointed, notwithstanding any impediment or prorogation
to the contrary. And being assembled, against all qualifications and
predeterminations, or presupposals, to propone, treat, reason, vote,
and conclude, according to the Word of God, Confession of Faith, and
Acts of lawfull Assemblies, in all Ecclesiasticall matters pertaining
to the Assemblie, and tending to the advancement of the Kingdome of
Christ and good of Religion.

Thirdly, since Archbishops and Bishops have no warrand for their office
in this Kirk, since it is contrary both to reason and to the Acts of
the Kirk, that any have place and voice in the Assemblie, who are
not authorized with lawfull Commissions; and seeing both in common
equitie, and by the tenour of this Proclamation they are made lyable
to the triall and censure of the Assembly, Wee protest, that they bee
not present, as having place or voice in the Assembly, but as _rei_
to compeere, for underlaying tryall and censure upon the generall
complaints already made, and the particular accusations to bee given in
against them; And that the warning given by His Majesties Proclamation,
and this our Protestation, bee a sufficient citation to them, to
compeer before the Assembly, for their triall and censure in life,
office, and benefice.

Fourthly, Wee solemnly protest that We do constantly adhere to our
Oath and Subscription of the Confession of Faith and Covenant, lately
renewed and approven, with rare and undeniable evidences from heaven,
of the wonderfull workings of his Spirit, in the hearts both of Pastors
and people, through all the parts of the Kingdome; And that we stand to
all parts and clauses thereof, and particularly to the explanation and
application, containing both our abjuration of, and our union against
the particular evils and corruptions of the time; a dutie which the
Lord at this time especially craveth at our hands.

Fifthly, We also Protest, that none of us who have Subscribed, and do
adhere to our Subscription of the late Covenant, be charged, or urged,
either to procure the subscriptions of others or to subscribe ourselves
unto any other Confession or Covenant, containing any derogation
therunto, especially that mentioned in the Proclamation, without the
necessarie explanation and the application thereof alreadie sworn by us
for the reasons above expressed: And because, as we did in our former
Protestation appeale from the Lords of His Majesties Councell, so do we
now by these renew our solemne appeale, with all solemnities requisite,
unto the next free Generall Assemblie and Parliament, as the onely
supreame nationall Judicatories competent, to judge of nationall causes
and proceedings.

Sixthly, We protest, That no subscription, whether by the Lords of
Councell or others, of the Confession mentioned in the Proclamation,
and enjoyned for the maintenance of Religion, as it is now already, or
at this present time established and professed within this Kingdome,
without any innovation of Religion or Law, be any manner of way
prejudiciall to our Covenant, wherein we have sworn to forbeare the
practice of Novations already introduced, &c. till they be tryed in
a free Assembly, And to labour by all lawfull meanes, to recover
the puritie and libertie of the Gospel as it was established and
professed before the foresaid Innovations: And in like manner, that no
subscription foresaid be any derogation to the true and sound meaning
of our worthy predecessours, at the time of their subscription in the
yeer 1581. and afterward: Withall, warning and exhorting all men who
lay to heart the cause of Religion, against the corruptions of the time
& the present estate of things, both to subscribe the Covenant as it
hath bin explained, & necessarily applied; and as they love the puritie
and libertie of the Gospel, to hold back their hands from all other
Covenants, till the Assembly now indicted be conveened, & determine
the present differences and divisions, & preserve this countrey from
contrary oathes.

Seventhly, As his Majesties royall clemencie appeared in forgiving and
forgetting what his Majestie conceiveth to be a disorder or done amisse
in the proceeding of any; so are we very confident of his Majesties
approbation, to the integrity of our hearts and peaceablenesse of our
wayes and actions all this time past: And therefore We protest that we
still adhere to our former complaints, protestations, lawfull meetings,
proceedings, mutuall defences, &c. All which, as they have been in
themselves lawfull, so were they to us, pressed with so many grievances
in his Majesties absence from this native kingdome, most necessary,
and ought to be regarded as good offices, and pertinent duties of
faithfull Christians, loyall subjects, and sensible members of this
Kirk and Common-wealth, as we trust at all occasions to make manifest
to all good men, especially to his sacred Majestie, for whose long and
prosperous government, that we may live a peaceable and quiet life in
all godlinesse and honesty, We earnestly pray.

WHEREUPON a noble Earle, James Earle of Montrose, &c., in name of
the Noblemen; M. Alexander Gibson, younger of Durie, in name of the
Barons; George Porterfield Merchant Burgesse of Glasgow, in name of
the Burrowes; M. Harie Rollock Minister at Edinburgh, in name of the
Ministers: and M. Archbald Johnstoun Reader hereof, in name of all
who adhere to the Confession of faith and Covenant lately renewed
within this Kingdome, tooke instruments in the hands of three Notars
present, at the said Mercate Crosse of Edinburgh, being invironed with
great numbers of the foresaid Noblemen, Barons, Gentlemen, Burrows,
Ministers, and Commons, before many hundred witnesses, and craved
the extract thereof: And in token of their dutifull respect to his
Majestie, confidence of the equitie of their cause, and innocencie of
their carriage, and hope of his Majesties gracious acceptance they
offered in all humilitie with submisse reverence a copie thereof to the
Herauld.

       *       *       *       *       *

1638.—September 24.

72. _Proclamation._[96]

At Holy-rood-house the 24. day of September Anno 1638.

The which day a Noble Earle, James Marquesse of Hamiltoun, Earle of
Arran and Cambridge, his Majesties Commissioner, having produced and
exhibit before the Lords of secret Councell, upon the twenty-second
day of this instant, a warrant signed by his Majestie, of the date
the ninth of September instant; wherein among others of his Majesties
gracious and royall expressions for preservation of the purity of
Religion, and due obedience to his Majesties authoritie in the
maintenance thereof, his Majestie did will and ordaine that the Lords
themselves should sweare the Confession and generall Band mentioned in
his Majesties said warrant, and also should take such order as all his
Majesties lieges may subscribe the same. And the said Lords of secret
Councell, acknowledging his Majesties pious and gracious disposition
and affection to the purity of Gods truth, did upon the 22. day of
September instant, unanimously and with all humble, hearty, and sincere
affection, sweare and subscribe the Confession of Faith, dated the
second of March 1580. according as it was then profest within this
Kingdome: Together with the foresaid generall Band dated in Anno 1589.
And now to the effect that all his Majesties lieges may give the like
obedience to his Majesties so pious desire, therefore the said Lords
have ordained and ordaines all his Majesties lieges, of whatsoever
estate, degree or qualitie, Ecclesiasticall or Civill, to sweare and
subscribe the said Confession, dated the second of March 1580. and
that according to the said date and tenour thereof, as it was then
profest within this Kingdome: Together with the said generall Band
dated in Anno 1589. as they will answer at the contrarie upon their
obedience. And ordaines Officers of Armes to passe to the market crosse
of Edinburgh, and make publication hereof, and at all other places
needfull, where-through none pretend ignorance of the same.

       *       *       *       *       *

1638.—September 30.

73. _Letter from the King to Hamilton._[97]

HAMILTON,

I have no time now to make my observations upon your Proceedings,
therefore now I shall onely tell you that I approve them all, (in what
concerns your part of them;) and that not onely so, but that I esteem
it to be very great Service (as the times are.) This much I thought
necessary at this time to encourage you in your Proceedings: my next
shall be longer, yet this is enough to assure you that I am

  Your assured constant Friend,
               CHARLES R.

  Hampton-Court,
   30 Sept. 1638.

       *       *       *       *       *

1638.—October 1.

74. _Letter from the King to the Council._[98]

Right trusty and right wel-beloved Cousin and Councellour, Right trusty
and right well-beloved Cousins and Councellours, We greet you well: As
by your Letter We finde now well you are satisfied with Our gracious
pleasure, expressed in Our late Proclamation and Declaration; so We do
expect the continuance of your care by your best indevours, to bring
al Our good people to a true sense of Our Royal intentions, and reall
care of preferring and advancing the good and peace of that Church
and Kingdome, which hath always been and still is one of Our chiefest
cares. We give you hearty thanks for your affection and pains in this
service, and do approve of your course in subscribing of the Confession
and band, and order taken by you for publishing and requiring the
like due and thankfull acceptance of Our gracious pleasure by all Our
good subjects. And seeing the time of the Assembly doth now approach,
We require you to attend diligently upon our Commissioner, untill
the time appointed for the down sitting of the said Assembly, and
further, to the finall ending thereof; that from time to time you may
be assisting to him with your best opinions and advices, for preparing
and digesting every thing that may conduce to bring this businesse,
to be treated upon in the Assembly, to the wished peaceable and happy
end. And although We will not doubt but that all Our good subjects
will be carefull of every thing that may concern Us, or Our Sovereign
Authority: yet because that at such publick and generall meetings, it
is not to be expected that all mens dispositions will bee alike, and
of one temper, We require you, and that in a more particular manner,
according to the trust and confidence We have in your affections to Our
Service, carefully to advert, that if any proposition shall be made,
which may seem to derogate from Soveraignty, or that true estate of
Monarchicall Government already established within that Kingdome, or
which may impede the peaceable conclusion of this Assembly, that as
good subjects and faithfull Councellours and servants to Us, you assist
Our Commissioner to withstand the same to the uttermost of your power:
To whom We will you to give absolute trust in every thing which he in
Our name shall deliver or impart to you, or any of you, in publick or
in private, And so we bid you farwell. From Our Honour of Hampton Court
the first of October, 1638.

       *       *       *       *       *


1638.—October 3.

75. _Letter from Lords Covenanters to Commissioner._[99]

PLEASE YOUR GRACE,

Wee wer glade of the indiction of the ane assembley, as the means to
bring our complaints to ane end; and as wee promissed for our pairt to
doe our endeuore, that all matters might be carried in a peaceable way,
and no man troubled in any sorte till that tyme, so did wee certainlie
expecte, that no violence or molestatione should haue beine wssed
aganist aney of thosse quho had subscriued the last couenant; and zet,
far contrarey to our expectation, are brought hither almost eurey houre
griuous complaints from maney of the people in diuersse pairts of the
kingdome; that they are by the threttninges and oppin violence of some
statsmen, and counsellers, and barrons, constrained to subscriue a
confession of faithe and band; some with blind and doubting mynds, and
others aganist ther conciences, to the grate trouble of ther soulles,
and grate disturbance of the peace of the countrey, contrarey to suche
peaceable preparations as should haue proceidit a perfyte pacification
at a generall assembley. If wee had hard bot some complaints of this
kind, wee wold haue spared both your Graces paines and our auen; bot
complaints being multiplied more and more, wee could not bot of deutiey
make some representations therof to your Grace, that some coursse may
be takin for present suppressing this so irreligious and vniust maner
of doing; and for præuenting the hard consequences that may ensew from
people quho are thus pressed to subscriue aganist ther mynds, and from
others who are ioneyed in couenant with them, wich, as it is humblie
petitioned, so it is confidently expected by,

  Your Grace’s humble seruants,
                        Cassils,
                        Louthean,
       Lindesay,        Balmerino,
       Loudoun,         Burlie,
           Johnston:

       *       *       *       *       *


1638.—October 3.

76, 77, 78. _Answer thereto, and Correspondence._[100]

MY VERY GOOD LORD,

I have received from your Lordsh: and other Noblemen a Letter,
containing a complaint against the violence offered to divers of his
Majesties subjects, by States-men, Councellours, and others; and that
complaint aggravated by your promising and undertaking, for your
selfe and all your adherents, that no man should be troubled until
the Generall Assembly; and your just expectation that the same course
should have beene held on the other side by Us.

For the former, I know not what States-men, Noblemen or Barons, your
Lordsh: meanes; for naming none, I know not to whom I shall take my
selfe; nor doe I know what violence and threatnings you mean. If
you meane his Majesties Commissioners appointed by the King, they
requiring his subjects to subscribe the old Confession and Covenant,
by his authoritie now renewed, and remonstrating unto them the danger
they incurre by law in not obeying his Majesties commandement, I hope
that cannot be called violence, but duty, the omission whereof must
needs be a violation of, and violence offered to his Majesties sacred
authoritie: If other violences and threatnings they have used, as your
Lordsh: seemeth to intimate (for their obedience to his Majesties just
authority, I am sure your Lordsh: will not call violence) they must
answer for it, and shall whensoever your Lordsh: shall make known
the delinquents. But alas, my Lords, Tell me now in good earnest,
whether you have heard they have used such violence in perswading this
Covenant, as hath beene used by your adherents in inforcing of yours?
Hath the bloud of Gods seruants, his holy Ministers, beene shed, which
bloud I am afraid keepeth the vengeance of God still hanging over
this Land? Have men beene beaten, turned out of their livings and
maintenance, reviled and excommunicated in the Pulpits, and a thousand
more outrages acted upon them for not subscribing this Covenant? Have
none who have subscribed your Covenant, done it with blind and doubting
minds? If they have, I beseech your Lordsh: not to call his Majesties
Councellours legall proceedings irreligious and unjust, untill you have
proved the pietie and justice of the proceedings of your owne adherents.

For the other, of your undertaking and promising for your parts, that
no man should bee troubled till the Assembly, and expecting the like
from us, truly I am glad I have it under your Lordships hands, for
I think there are few houres of any one day, since the indicting of
the Assemblie, that from all parts of this Kingdome, I am not vexed
with complaints of new processing of Ministers, new withholding of
Ministers stipends unprocessed, heavie complaints of Ministers of
your owne Covenant, that they are threatened, and that sharply and
bitterly, for their declaring of their griefe, in being barred of their
freedome in the election of their owne Commissioners to the Generall
Assembly, and being borne downe by the multitude of Lay voices, and
menaced because of their protesting against the same, the complaints
of Ministers Non-Covenanters and Lay-Elders Non-Covenanters, chosen by
their Sessions to assist at the election of the Commissioners from the
Presbyteries, but turned back for not having subscribed your Covenant,
and reviled with bitter words for being so pert as to come thither; Is
this the performance of promising, that no man shall be troubled till
the Assembly? These are, indeed, preparations very unfit to precede
this Assemblie, they being so unpeaceable and like to take up much
time, in discussing, at that great Meeting, the illegality of these
elections. My Lord, the truth is, I shall be as carefull to see any
wrong offered by his Majesties Commissioners (in urging his Majesties
authoritie) punished, when I shall know the offences and the offenders,
as I am heartily grieved at the proceedings of your Associats: Here
I am sure, his Maᵗⁱᵉˢ Commissioners have bin rather backward then
forward, but so have not your Lordsh: adherents bin; for they have in
very many places proclaimed your Protestation, where his Majesties
Declaration hath not beene proclaimed. I hope your Lordsh: will pardon
my unusuall prolixitie; for I confesse I am much troubled to see his
Majesties good subjects led into such misconstructions of his pious and
religious intentions towards them, This my Letter, I pray your Lordsh:
to communicate to the other Noble Lords, who subscribed that to me. To
your selfe, and them, I pray your Lordsh: commend the true respects of

  Your Lordsh:
   HAMILTOUN.

   For the Earle of Cassills.

       *       *       *       *       *


_Letter from the Lords Covenanters to the Commissioner._[101]

PLEASE YOUR GRACE,

After your parting from us, we had knowledge from John Wilson Skipper,
& sundry of his Passengers newly arrived, That, being at sea on his way
from Holland hither, one of his Maᵗⁱᵉˢ small ships of 8. Peeces, came
aboard & searched him for Armes & Ammunition, declaring they did the
same by his Majesties Warrant. We doe not so much value the hazzard of
any prejudice, as we are heartily grieved to find any such note of his
Majesties displeasure, differencing us from his other subjects, when
our own hearts and the Lord that searcheth them doth beare witnesse of
our loyaltie and affection to his Majestie, especially to have found
it now when we are made so secure, both by the hopes of obteyning from
his Majesties favour, by your mediation, these ordinary and publike
remedies that can fully settle this Church and State and by assurance
from your Grace we should finde no such hard dealing, during the time
of your imployment amongst the subjects here, who trust in your care to
prevent speedily the inconvenience of this, as you did in that other
late particular anent the arrest of our horses in England. We thinke
this advertisement sufficient to your Grace, who is wounded through our
sides if wee suffer any thing in this time, being so farre interessed
to vindicate us from such prejudice, who doe acknowledge our selves to
be

  Your Graces humble servants.

  Rothes, Montrose, Home, Weymse, Lindesay,
  Boyd, Loudone, Balmerino, Dalhousie, Forrester,
  Elcho, Cranstoune, Balcarres, Burghly, Lothiane.

  Edinb. the 28. Septemb.
  1638.

_Answer to the foregoing, by the Commissioner._[102]

MY LORD,

I have received a Letter this day signed by your Lordsh: and sundry
other Noblemen, making mention, that one John Wilson Skipper, being
on his way from Holland hither, was searched by one of his Majesties
small ships. This is no new nor unaccustomed thing; for commonly the
Captains of his Majesties ships during the time of being at sea, doe
take notice what the loadings of all such ships are, as they meet with,
who trade in the Channell; it being a prerogative that belongs to his
Imperiall Crown: I am persuaded that your Lordsh: and the rest of my
Lords cannot thinke, but if his Majestie had been desirous to have made
stop of importation of Ammunition into this Kingdome this time past,
but it would have been an easie matter for him to have effected; but so
little hath he regarded this, as he hath not so much as taken notice
of it, And yet it were no strange thing, if his Majestie should give
direction to cause examine for what end so great store of Ammunition
is imported into this Kingdome, and a little more narrowly to looke
into our actions; when, by I know not whom, there hath been so much
notice taken of such Ammunition, as his Majestie hath thought fit to
send hither. For notwithstanding that your Lordsh: sayes we are made
secure by the hopes of obtaining from his Majestie these remedies that
can fully settle this Church and State, yet I may say courses are taken
to put feares in his Majesties good subjects minds, by perswading of
them that no such thing is intended: This does too too manifestly
appeare by the watching and guarding his Majesties Castle, and many
other courses: but of this I will write nothing, my intention being
only to returne answer of what is writ to me: And therefore for your
Lordsh: satisfaction I shall acquaint his Majestie with the contents of
your letters, who will no doubt give such directions therein, as his
good subjects will have no just cause of complaint: Whereas you have
been pleased to say, that you have been assured by me, that you should
receive no such hard dealing, during the time of my imployment; let
mee desire you to consider this aright, and you will find it none; for
neither was that ship stayed from proceeding on their intended voyage,
nor anything taken from them, nor needs your Lordsh: to doubt that his
Majestie will doe any thing (except our owne indiscretion provoke him)
that may make appear to the world that he makes a difference betwixt us
of this nation and his other subjects. Bee confident, my Lord, that my
endeavours have, and doe tend to no other end, but to the glory of God,
the honour of his sacred Majestie, and the preserving from ruine this
poore distracted Kingdome; and that I have and shall labour to prevent
all such accidents as may breed the least stop or hinderance of this
wished event, which I hope and am confident that your Lordsh: and all
those noble Lords who have signed this Letter to me, will take the same
to heart; and then certainly you will not be so easily moved with such
light and sleight reports: Nor will your Lordsh: thinke that either you
or I can bee wounded by the order and command of so pious, mercifull,
and so clement a Prince as is our dread Soveraigne, who hath showne
himselfe to be so full of goodnesse, as we must of all men living prove
the worst, if we be not thankfull to God, and him for it. This my
letter your Lordsh: will be pleased to communicate to the rest who haue
writ to me, and esteeme of me as

  Hammilt. 24[103] Sept. 1638.

  Your Lordships
   humble servant,
      HAMMILTOUN.

  For the Earle of Rothees.

       *       *       *       *       *


1638.—October 5.

79. _Explanation by the Bishop and Doctors of Aberdeen on signing the
King’s Covenant._[104]

First, we do heartily abhor and condemn all Errours truly Popish,
or repugnant to the Holy Scripture, and consequently to the Uniform
Doctrine of the Reformed Kirks, and to Our National Confession
registered in Parliament An. 1567.

Secondly, we do no ways hereby abjure or condemn Episcopal Government,
as it was in the days, and after the days, of the Apostles in the
Christian Kirk for many hundred of years, and is now conform thereto
restored in the Kirk of Scotland.

Thirdly, we do not hereby condemn nor abjure the Five Perth Articles,
or any thing lawful of that sort, which shall be found by the Church
conducible at any time for good Policy and Order, or which is practised
by any sound Reformed Kirk.

Fourthly, we still hold to that Clause of our great National
Confession, (chap. 20. art. 21.) that the General Councils, and
consequently the National Kirk of Scotland, have no power to make any
perpetual Law which God before hath not made.

Fifthly, by the adhering to the Discipline of the Reformed Kirk of
Scotland, we mean not any immutability of that Presbyterial Government
which was An. 1581. or of any other Humane Institution: but we do
hereby understand that the Ecclesiastical Jurisdiction and Discipline
of the Kirk of Scotland doth not depend on the Pope of Rome, or any
other Foreign Power; and hereby we do confess our constant Obedience to
the Kirk of Scotland in all her lawful Constitutions.

Sixthly, we do not presume by this our personal Oath either to prejudge
the liberty of the Kirk of Scotland, to change and reform this foresaid
short Confession, in some ambiguities and obscure expressions thereof,
whereupon some men have builded inconvenient Interpretations and
Doctrines, or to exime our selves from Obedience to the Kirk in that
case.

Seventhly, by this our personal Oath we do not take upon us to lay
any further Bond upon our Posterity, than the Word of God doth,
recommending onely our Example to them, so far as they shall find it
agreeable to Gods Word.

  In this sense as is said, and not otherwise, do we subscribe the said
  Confession, and the general Bond annexed thereto, at Aberdeen Octob.
  5. 1638.

  Signed,
    Ad. Aberdonen.
    John Forbes D. and P. of Div.
    R. Barrone D. and P. of Div.
    Al. Rosse D.D.
    Ja. Sibbald D.D.
    Al. Scrogie D.D.
    Wil. Lesley D.D.

       *       *       *       *       *


  1638.—October 9.

  80. _Letter from the King to Hamilton._[105]

  HAMILTON,

  I Confess this last Dispatch does more put me to seek how to judge
  of the Affairs of that Kingdom, than any that I have yet received;
  for I did not think that you would have met with so much opposition
  within your bounds, since (as I thought) you past well over a greater
  difficulty, to wit, the Peevishness of the Council. The cause of
  this I judge to be, that you did not make so much opposition against
  the Protestation as it deserved, though (I believe) as much as you
  could. But one thing I desire you to send me the reason of, which
  is, why you have mingled the Protesters with my good Subjects,
  as Commissioners in most of all the Shires, for the procuring of
  Subscriptions to my Bond: now it seems to me, that this will make
  the Covenanters oppose my Service with a shew of more Authority than
  otherwise they could, (and certainly you cannot but imagine, that
  they must oppose that that they have protested against;) for, by this
  the ignorant Multitude may be brought to believe, that my Council
  have either admitted, or, at least, do not gainsay, the protestation:
  yet whether I be right in this or not, I will suspend my Judgment,
  even of my own Opinion, until I hear from you. But one thing I will
  confidently affirm, that until most of the Council express themselves
  vigorously in detestation of this last damnable Protestation, never
  look for any Obedience there. In the latter end of your letter, you
  are very careful not to give them cause of Fears of my Preparations,
  or hindering theirs; yet in the middle persuade to hasten on Mine:
  now, besides that this seems to me a Contradiction I think that there
  is as much (if not more) danger now, that they should imagine I fear
  to displease them, than to make them scar at my Preparations, or
  for stopping of theirs; for now that the pretext of Religion is (I
  dare say) fully satisfied, fearful Proceeding now may hazard the
  loss of the little Party we have, by making them probably fear, that
  I either cannot or dare not maintain my own authority. But I doubt
  not your Dexterity and Diligence will help me to break through these
  difficulties; and so I rest

  Your assured constant Friend,
                CHARLES R.

  Hampton-Court,
  9 Octob. 1638.

       *       *       *       *       *


  1638.—October 20.

  81. _Letter from the King to Hamilton._[106]

  HAMILTON,

  I see by yours of the 27ᵗʰ of September, that the Malignity of the
  Covenanters is greater than ever, so that if you who are my true
  Servants do not use extraordinary Care and Industry, my Affairs in
  that Kingdom are likely rather to grow worse than better: therefore,
  you that do your endeavours accordingly deserve the more praise,
  and your opposers the more punishment; and in my mind this last
  Protestation deserves more than any thing yet they have done, for
  if raising of Sedition be Treason, this can be judged no less. And
  methinks, if the Colledge of Justice have signed my Covenant, (which
  I hope they have, because I hear nothing in the contrary) it were no
  impossible thing to get them to doe me Justice in this particular.
  And this I will say confidently, that until at least the Adherers to
  this last Protestation be declared Traitors, nothing will go as it
  ought in that Kingdom; I say this not to alter your course, but onely
  to shew you my opinion of the State of Affairs.

  As for the danger that Episcopal Government is in, I do not hold it
  so much as you doe; for I believe that the number of those that are
  against Episcopacy (who are not in their hearts against Monarchy) is
  not so considerable as you take it.

  And for this General Assembly, though I can expect no good from
  it, yet I hope you may hinder much of the ill; first, by putting
  Divisions among them concerning the Legality of their Elections, then
  by Protestations against their Tumultuous Proceedings. And I think
  it were not amiss if you could get their Freedom defined (before
  their Meeting,) so that it were not done too much in their Favours.
  And I hope you will remember to weigh well the Propositions for the
  Assembly, and send them up to me with all convenient speed. I have
  seconded your Letter to the Mayor of Newcastle for the freeing of
  these Horses, and have stopped all Provisions according to your
  advice at Hull; yet methinks now they may be avowed to go against
  those that will not rest satisfied with what you have lately done in
  my Name. But in this I assure you that I take your advice; and so I
  rest

  Your assured constant Friend,
                        CHARLES R.

  Hampton-Court,
  20 Octob. 1638.

       *       *       *       *       *


  1638.—October 24.

  82. _Letter from the King to Hamilton._[107]

  HAMILTON.

  I would not answer your two of the 14ᵗʰ and 15ᵗʰ of this moneth, till
  I had fully dispatched the Bishop of Ross, whom I have sent away not
  onely well instructed, but well satisfied with my ways. It is true
  that his Instructions were not totally according to our Grounds, but
  I made him alter (I am confident) as well in Judgment as Obedience;
  for upon discourse he much approved of my Alterations, confessing
  likewise, that you upon the place may find reason to make more;
  wherefore all is referred to you, as well what I answered as what
  not; so leaving and recommending him to your care, I come to answer
  your last Letters, with the account of which I am much more satisfied
  than your other Dispatch before: as likewise you have fully satisfied
  me in all my Queries, and in particular I confess clearly, you had
  reason to joyn the Covenanters with my honest Servants, for procuring
  of Subscriptions to my Bond, because I see the Council would have it
  so. But certainly it had been better otherwise, if you could have
  done it with their consent. In short, I am truly and fully satisfied
  with all your proceedings, so that you may be confident that I am

  Your assured constant Friend,
                   CHARLES R.

    Whitehall,
  24 Octob. 1638.

       *       *       *       *       *


  1638.—October 24.

  83. _The Bill, or the complaint, of the Noblemen, Barons, Burgesses,
  Ministers, and Commons, Covenanters, (which were not Commissionaries
  to the Assembly) against the pretended Archbishops and Bishops within
  this kingdome, as it was presented to the Presbyterie of Edinburgh;
  with an Act of reference of the Bill, from the Presbyterie to the
  next Generall Assembly, as it was fully read on the Lords day before
  noone in all the Churches within the presbyterie of Edinburgh,
  according to the Act._[108]

  Noblemen.

  Unto your wisedomes humbly shewes and complaines, We John Earle of
  Sutherland, John Earle of Athole, William Earle of Dalhousie, Mungo
  Vicount of Stormouth, Hugh Lord Montgomerie, David Lord Elcho, George
  Lord Forrester, Arthur Lord Forbesse, John Master of Berridale,
  Robert Lord Boyd, David Lord Balcarras, John Lord Melvill.

  Barons and Gentlemen.

  Craggemillar, Lugtoun, Buchanan, Young, Dury, Balgonny, Balbirny,
  Master William Hammilton, Thomas Cragge of Ricarton, John Cowper
  of Gogar, John Hammilton of Boghall, David Inglis of Ingliston,
  John Dundas of Newliston, Sir William Cockburne of Langton, Patrick
  Cockburne of Clerkinton, John Leslie of Newton, Colonel Alexander
  Leslie, David Barclay of Onwerme, Sir Michael Arnot of Arnot, Sir
  Michael Balfoure of Deanemille, John Aiton of Aiton, David Beaton
  of Balfoure, John Lundie of Lundie, Walter Murray of Liviston, Sir
  John Preston of Airdrie, Walter Cornwall of Bonhard, William Scot of
  Ardrosse, Robert Forbosse of Ricesse, Sir Andrew Murray of Balvarde,
  George Dundasse of Dudistone, Sir William Murray of Blebo, Master
  Robert Preston, William Dicksone.

  Ministers.

  Master William Scot Minister at Cowper, Master George Hammiltoun at
  Nuburne, Master Walter Grog at Balmerino, Master Iohn Machgil Parson
  of Fliske, Master Andrew Blackhat at Aberlady.

  Burgesses and Commons.

  George Bruce of Carnock, George Potterfield a Burgesse of Glasgow,
  John Smith, John Mill, Lawrence Henryson, Richard Maxwell, Burgesses
  of Edinburgh.

We, for our selves, and in name and behalfe of the rest of the
Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons within
this Realme of Scotland, subscribers of the Covenant, who are not
chosen Commissioners to the Generall Assemblie, but who will assist
and insist in this complaint with us, as faithfull Christians, as
loyall subjects, and sensible members of this Church and Common-weale,
having interest to pursue this popular action, in a speciall manner
and an eminent degree, by which pursuit God may bee glorified, Christs
Kingdome advanced, that the Church may bee restored to her privileges
and liberties, and freed from manifold scandals, from the corrupters
of Doctrine with Poperie and Arminianisme, of the Sacraments with
Superstition and Wilworship, and of the Discipline with tyrannie, and
from the overthrowers of the peace of this Church and Kingdome by their
usurpations and lies, their violent humours, and falsehood for their
owne worldly ends, may be tried and censured accordingly, and so this
Church and State made free from the present divisions and combustions,
and restored to peace and unitie, both with God and amongst themselves,
and that his Majesties religious disposition and honour may be cleared
to all the world, by the triall and censure of those men who have
fraudulently abused his Majesties name and authoritie by their trust
and credit with his Majestie: Wee most earnestly make request, That
whereas, by the Lawes of this Church and Kingdome, and by his Majesties
last Proclamation, all his Majesties subjects, whether Ecclesiasticall
or Civill, of whatsoever title or degree, if they have exercised an
unlimited or unwarrantable power, They are declared and ordained to
be liable to the triall and censure of the Generall Assemblie and
Parliament, or to any other Judicatorie, according to the nature and
qualitie of the offence, And whereas Master David Lyndsey pretended
Bishop of Edinburgh, Master Thomas Sydserfe, pretended Bishop of
Galloway, Master Walter Whitefoord pretended Bishop of Brichen, Master
James Wedderburne pretended Bishop of Dumblane, Master James Fairley
pretended Bishop of Argyle, Master John Spotswood pretended Archbishop
of Saint Andrewes, (having their residences or dwelling places within
the bounds of this Presbyterie of Edinburgh,) Master Patrick Lyndsey
pretended Archbishop of Glasgow, Master Alexander Lyndsey pretended
Bishop of Dunkell, Master Adam Bannatine pretended Bishop of Aberdene,
Master John Gutherie pretended Bishop of Murray, Master John Maxwel
pretended Bishop of Rosse, Master George Greme pretended Bishop of
Orkney, Master John Abernethie pretended Bishop of Caithnesse, Master
Neil Campbel pretended Bishop of the Isles, should be tried and
censured for their unlimited and unwarranted power.

For whereas it was provided in the Cautions agreed upon in the Generall
Assemblie holden at Montrose, Anno 1600. for bounding of the Ministers
votes in Parliament, and concluded to bee inserted in the body of the
act of Parliament for confirmation of this vote as a most necessarie
and substantiall point of the same, which was never yet repealed by a
lawfull Assembly, That the Minister should sweare, upon his admission
to the office of Commissionary, to subscribe and fulfill the Cautions
agreed upon under the penalties expressed therein, otherwise hee was
not be admitted; yet the said Master David Lyndsey, sometimes Minister
of Brichen, now pretended Bishop of this Diocesse of Edinburgh, and
pretended Moderator of this Presbyterie, with his foresaid Colleagues,
the pretended Bishops and Archbishops of this Church respective, have
taken upon them (without craving or obtaining Commission from the
Church as it is set downe in that Assembly at Montrose) the office and
power to vote in Parliament, without swearing at his or their entrances
to subscribe and fulfill those Cautions which are set down under
penalties.

In the first Caution it was provided, that he presume not to propound
in Parliament, in Councell or convention, any thing in the name of
the Church without an expresse warrant or direction from the Church,
under the paine of deposition from his office; and that hee should
neither give consent unto, nor keep silence from anything (amidst these
meetings) that might bee prejudiciall to the libertie of the Church,
under the said paine.

But the forenamed Master David Lyndsey, pretended Bishop of Edinburgh,
with the rest of his Colleagues respective above named, have presumed
(having no warrant nor direction from the Church) to propound in
Parliament, and to consent to several acts which have past in
Parliament, to the prejudice of the Church, as namely, To the act
concerning the Restitution of the State of Bishops, Anno 1606. the act
concerning the chapter of Saint Andrewes, Anno 1607. To the act of
Commissariots and jurisdictions given to Archbishops and Bishops, Anno
1609. To the ratification of the act agreed upon in the Assemblie of
Glasgow, Anno 1610. with an explanation, contrary to the meaning and
tenour of the said conclusions, Anno 1612. To the acts concerning the
Elections of Archbishops and Bishops, and to the acts concerning the
Restitution of chapiters, Anno 1617. To the ratification of the Five
Articles of Perth, Anno 1621. To the act concerning the apparell of
Churchmen, and to the ratification of the Acts concerning Religion, in
which all the former Acts are included, Ann. 1633. and to many other
severall acts of this kinde. In like manner he propounded and gave
consent to severall acts of the Privy Councell, for the establishing
of it, and of the power of the High Commission, which are against the
lawes and liberties of this kingdome; and for ratification of severall
acts and sentences given out by them and their Colleagues in that
unwarrantable Judicatory: for in the same manner did he propound and
consent unto the acts made in the Privie Councell for pressing and
bringing in of the Service Booke, which would have trod under foot
the frame of Gods publicke worship in this Kingdome, if the Lord had
not prevented it. And further, in the last convention of the States
holden in the yeeres 1625. and 1629. he did not onely keep silence, but
propound and give consent to some things which were prejudiciall to
the liberties of this Church, and hee did oppose himselfe to the just
desires and grievances which were presented in name of the Church for
some of her liberties and priviledges, whereas it was provided that
he shall be bound upon each generall Assembly to give an account of
the discharge of his Commission since the Assembly going before, and
should submit himselfe to the censure of the Assembly, and stand to the
determinations of it without further Appeale, and should sue for, and
obtain ratification of his carriage from the Assembly, under the paine
of infamie and excommunication; but the said Master David Lyndsey, and
his Colleagues respective abovenamed, have never given an account of
the discharge of his or their Commissions, nor sought nor have obtained
ratification of his or their doings, from the Assembly.

Whereas it was provided in the third caution, that he should content
himselfe with that portion of the Benefice which should be assigned to
him from his Majestie for his livelihood, not hurting or prejudging
the rest of the Ministers, or any Minister whatsoever, planted or
to bee planted within his Benefice, and that this clause was to be
inserted in his provision: Besides, when Bishops were charged in the
Assembly holden in Octob. Ann. 1578. to quit the corruptions of that
State, there was numbered amongst the corruptions, That they received
for the maintaining of their ambition and riot, the emoluments of the
Church, which might sustaine many Pastors, the Schooles, and the Poor;
but the said Master David Lyndsey with his Colleagues respective, have
tooke provision for their Benefices, and the foresaid clause was not
inserted, and he and they have prejudged Ministers, Schooles, and the
Poor, by taking and enjoying plurality of Benefices.

Whereas it was provided in the fourth caution that hee should not
dilapidate nor make a disposition of his Benefice without the consent
of his Majestie and the generall Assembly: and for the greater warrant
of this, That he should interdict himselfe to the generall Assembly not
to dilapidate, nor to give consent to the dilapidation of his Benefice
made by others, and that hee should be contented that an Inhibition
should be raised upon him to that purpose; but the said Master David
Lyndsey, with his Colleagues respective, have set, and take setled
patronages.

Whereas in the fifth caution it is provided that hee should be bound
to attend his particular Congregation faithfully in all the points of
a Pastour, and that he shall be subject to the triall and censure of
his own Presbyterie and Provinciall Assemblie, as another Minister that
bears no Commission: In like manner by divers Acts and Constitutions of
the generall Assemblies and Presbyteries, non-residents are punishable
by deprivation; Yet the said Master David Lindsey with his foresaid
Colleagues respective, have been non-resident from his and their
charges for many yeares; nor have they performed the duties of Pastours
by preaching, administration of the Sacraments, visiting the sick, &c.
but they have deserted their charges by the space now of many years;
neither have they in this subjected themselves to the triall of the
Presbyteries and Provinciall Assemblies.

That whereas in the sixth caution it was provided, That in the
administration of Discipline, collation of benefices, visitation, and
all other points of Ecclesiastical government, he shal neither usurp
nor acclaim to himself a power or jurisdiction further over the rest of
his brethren, under the paine of deprivation: and in case hee did usurp
upon the Ecclesiasticall government, if the Synodall Presbyteries, or
generall Assemblies did oppose, or make impediment unto him; whatsoever
he did in that case should be _ipso facto_ null, without a declaratour;
yet the said Master David Lindsey with his Colleagues respective,
have usurped a jurisdiction in the administration of Discipline,
collation of benefices, visitation, and other points of Ecclesiasticall
government, without a lawfull warrant from the Church, in exercising
power to suspend, deprive, command, and inhibit excommunication at
their pleasure, to fine, confine, imprison, banish Ministers and
other professours without the warrant of the laws of the Countrey,
appointing their Moderators over Presbyteries and Synods, prorogating
their Diets, staying their proceedings against Papists, Sorcerers,
Adulterers, and other grosse offenders, by exacting of contributions
to such Commissioners as hee pleased to send to Court for his owne and
his Colleagues affaires; by depriving, and ordaining of Ministers,
not only without the consent of the Presbyteries and Synods, but by
ordaining of scandalous and unqualified Ministers and depriving of
learned and religious Pastours; by ordaining Ministers after a forme
not allowed of in this Church; by silencing Ministers for not reading
the Service Book, and Book of Canons; by interdicting after a Popish
manner, the exercises of Morning and Evening prayer in their Churches;
by releasing of excommunicated Papists: by contradicting and crossing
the votes of the Presbyteries at their pleasure; by their pretended
negative vote directly contrary to this caution; by enacting decrees of
Synods without demanding their votes; by changing and falsifying their
Acts, when most votes had carried the contrary: by many wayes have they
failed in this caution, which are so notorious to the whole Church and
to your Wisdomes, that wee shall condescend upon the same when wee are
required.

Whereas in the seventh caution it was provided, That in Presbyteries,
and in Provinciall and generall Assemblies, he shall behave himself
in all things, as one of the brethren of the Presbyterie, and be
subject to their censure; yet the foresaid Master David Lindsey with
his foresaid Colleagues respective, hath not behaved himselfe as a
brother at these meetings; he disdaines to sit in Presbyteries, or to
be subject to their censures; he sitteth and overruleth in Provinciall
Assemblies rather as a Lord then a Moderatour; and in stead of behaving
himself as a brother in the generall Assemblie, hath, by threatening
and silencing, prejudged the liberties of the lawfull Commissioners;
when they propounded, reasoned or concluded matters conducing to the
liberty of the Church, hee forced them to conclude things contrarie.

That whereas it was concluded at Mount Rose, That none of them who
should have vote in Parliament should come Commissioners to the
generall Assemblie, or have vote in it in time to come, unlesse
they had authoritie or Commission from their owne Presbyteries for
that purpose; yet the said Master David Lindsey with his forsaid
Colleagues respective, though they had no authoritie by Commission from
any Presbyteries, have usurped to give votes in the last pretended
Assemblies.

Whereas in the seventh chap. of the book of Policie, registrated in
the Register of the Acts of the Assembly, it was concluded, That in
all Assemblies a Moderatour should be chosen by common consent of the
whole brethren assembled together, and it hath been so practised since
the beginning of the Reformation, till hee and his fellowes began to
break the Cautions; yet the said Master David Lindsey with his foresaid
Colleagues respective, have usurped the place of moderation in the last
pretended Assemblies, and rather domineered then moderated, to bring
in novations; yea further, have directed Mandats from themselves as
from the representative Church of Scotland, which name and power is
only competent to generall Assemblies; he hath brought in the practice
of many Innovations in the Royal Chappel, in the Abbey Church, and
his pretended Cathedrall; hee hath laboured not only to hinder the
ordinarie meetings of generall Assemblies of this Church, by obtaining
letters and charge from Authority to that purpose, but also hath
laboured, what in him lay, to take away from the Church the priviledge
of holding generall Assemblies yeerly, belonging to Her by the Word of
God, Acts of this Church, and lawes of this Kingdome.

Whereas it is provided by another caution, That _Crimen ambitus_ shal
be a sufficient cause of deprivation of him that shall have vote
in Parliament; yet the said Master David Lindsey with his foresaid
Colleagues respective, are guilty of the said crime, in seeking of the
said offices, and promising and giving good deeds for them.

Whereas it was provided by the book of Discipline, and acts of the
Assemblie Feb. An. 1569. and December 1565. & 1567. that marriage
should not be solemnized without asking of banes three severall Sabbath
daies before; yet the said Master David Lindsey and his aforesaid
Colleagues respective, have given licence to sundry Ministers to
solemnize marriage without asking three severall Sabbaths before; upon
which have followed divers inconveniences; a man hath been married to
a woman her husband being alive, and they not divorced; some have been
married to persons with whom they have committed adulterie before; and
so have been married without the consent or knowledge of their parents.

Whereas by the book of Fasting, authorized by the generall Assemblie,
and prefixed before the Psalmes, no set or yeerly Fasts are allowed,
but disallowed, as contrary to the liberty of the Church, and to the
nature of the exercise (a Fast;) yet the said Master David Lindsey and
his foresaid Colleagues respective, have appointed yeerly Fasts, and
troubled some godly Professors for not observing the same.

Whereas the office of a Deacon is set forth in the book of Discipline,
and book of common order before the Psalms, according to the Word
of God, to have no medling with the preaching of the Word, or the
ministration of the Sacraments, and by the first Confession of faith
ratified in the Acts of Parliament, chap. 23. Ministers called
unto particular flocks have onely power of the ministration of the
Sacraments; yet the said Master David Lindsey with his foresaid
Colleagues respective, have given a power to certain Divines whom they
make Deacons (men not admitted to the calling of the Ministery) to
administer the Sacrament of Baptisme, under the names and titles of
preaching Deacons, and they refuse to admit divers men to the calling
of the Ministerie before they be admitted to that Order.

Whereas it is ordained by the book of Policie, and Acts of the
Assembly, that no man should receive ordination to the Ministery
without a present admission to a particular flock; yet the said Master
David Lindsey with his foresaid Colleagues respective, have separated
the act of Ordination from the act of Admission.

Whereas according to the established order of the Church, & the Acts
of the Assembly, the ordination & admission of Ministers should be
publick, in the presence and with the consent of the congregation; yet
the said Master David Lindsey with his foresaid Colleagues respective,
have given ordination to some men in other places, not in their own
Congregation; and violently have thrust upon them scandalous Ministers.

Whereas Ministers who teach erroneous and corrupt doctrine should be
censured by the book of Discipline, and by the Acts of the Assemblie;
yet the said Mr David Lindsey with his foresaid Colleagues respective,
have taught erroneous and corrupt doctrine themselves, and by their
pretended power have preferred to the Ministerie men who have taught
erroneous doctrine against the Confession of Faith, and Acts of
Parliament quoted in our Covenant; and they cherish and maintaine
them who teach Arminianisme and Popery, as conditionall Election;
Free-will; resistibilitie of effectuall Grace; The universality of
Christs death; The merit of it in heaven & in hell; A finall apostacie
of the Saints; The locall descent of Christ into hell; That Christ
came into the world _clauso Virginis utero_; auricular Confession, and
Papall absolution; That the Pope is not Antichrist; That the Church
of Rome is a true Church; That reconciliation with Rome is a thing
easie; That the Church of Rome erres not in fundamentals; and that she
differs not in fundamentals from the Reformed Churches; They call in
question the imputation of Christs righteousnesse, and they affirme
the formall cause of justifying faith, to consist in our inherent
righteousnesse; They affirme that there is a locall and circumscriptive
presence of Christ in the Sacrament, and they change the Sacrament into
a Sacrifice, and the Table into an Altar, the Ministers into Priests.
There are other damnable and hereticall points of Doctrine which
they maintaine; of which we shall give particular information in our
particular accusation of each one of them respective, with the proofes
thereof, when we shall be required.

Whereas by the Acts of the Church, no oaths or subscriptions should
be required from those who enter into the Ministerie, but to the
Confession of faith, and to the Book of Policy; yet the said Master
David Lindsey with his foresaid Colleagues respective, without a
warrant from the Church or Parliament, doe exact diverse oathes and
subscriptions from them who enter into the Ministerie; namely, That
they should both in publick and private prayers commend the Prelats to
Gods mercifull protection; That they should be subject to the orders
which were now in the Church, or, by the consent of the Church, that
is, by their consent (as they affirme) should be established; as to
the Service Book, and to the Book of Canons. The heavinesse of this
grievance made the most part of his Majesties subjects to complaine
in these Articles, that worthy men which have testimonies of their
learning from Universities, and are tryed by Presbyteries to be fit for
the worke of the Ministerie, and for their gifts and lives were much
desired by the people; yet these men are kept out because they could
not be perswaded to subscribe and swear unto such unlawfull oaths,
which have no warrant from the Acts of the Church, nor the laws of
the Kingdome; and they were Articles and oaths conceived according to
their pleasure; and men of little worth, and ready to sweare, were for
by-respects thrust upon the people, and admitted to the most eminent
places of the Church, and of the Schools of Divinity, which breeds
continuall complaints, and moves the people to run from their owne
parish Churches, refusing to receive the Sacrament from the hands of
Ministers set over them against their hearts, which makes them not to
render unto them that honour which is due from the people to their
Pastours; and it is a mighty hinderance to the Gospel, to the soules of
the people, and to the peace of this Church and Kingdome.

Whereas in the Assembly holden at Edinburgh, in March, Ann. 1578. it
was declared that it was neither agreeable to the word of God, nor
to the practice of the Primitive Church, that the Administration of
the Word and Sacraments, and the ministration of civill and criminall
justice should be confounded, that one person could supply both the
charges, but that a Minister should not be both a Minister and a
Senator in the Colledge of justice. And in the Assembly holden in
October An. 1578. it was reckoned amongst the corruptions of the State
of Bishops, which they were charged to forgoe, that they should usurp a
criminall jurisdiction, that they should not claime unto themselves the
titles of Lords, that they should onely be called by their owne names,
or brethren; yet the said Master David Lyndsey, with his foresaid
Colleagues respective, have assumed to themselves the titles and
honours of Lords, they did sit as Senators in the Colledge of justice,
as Councellours in the Privie Councell, as Auditors in the Exchequer,
and have enjoyed prime Offices of State. The pretended Bishops have
usurped the place and precedencie before all Temporall Lords, the
pretended Archbishops before all the noble Earles of the land, and the
pretended Primate before the prime Officers of State in the land.

Whereas by the Word of God and Acts of the Assembly, namely, Anno 1576.
1577. and 1578. no man should be suffered to be a Minister, unlesse hee
be tied to a particular flocke and congregation; and not to be tied to
a particular flocke it is condemned as a corruption of the state of
Bishops which they were charged to forgoe; yet the said Master David
Lindsey, with his Colleagues respective foresaid, are Ministers, and
will not be tied to particular flockes.

Whereas the office of a Bishop (as it is now used within this Realm)
was condemned by the booke of policie, and by the Act of the Assembly
holden at Dundee, Anno 1580. whereof these are the words; Forasmuch as
the office of a Bishop (as it is now used and commonly taken within
this Realme) hath no sure warrant from authoritie, nor good ground out
of the Scriptures, but it is brought in by the folly and corruptions
of the inventions of men, to the great hurt of the Church, The whole
Assembly of this Church, with one voice, after liberty given to all men
to reason in the said matter (no man opposing himself to maintain the
said pretended office) doe find and declare the said pretended office,
used and termed as is above said, unlawfull in it selfe, as having
neither ground nor warrant within the Word of God; and we doe ordaine
that all such persons which doe, or shall hereafter, enjoy the said
office, shall be charged simply to dismisse, quit, and leave the same,
as an office unto which they were not called by God; and that they
shall leave off all preaching, ministration of the Sacraments, or other
offices of Pastors, untill such time as they receive admission _de
novo_ from the generall Assembly, under the paine of excommunication to
be used against them; and if they be found disobedient to contradict
this Act in the least point, after due admonition, the sentence of
excommunication shall be executed against them. And for the better
execution of the said Act, it is ordained that a Synodall Assemblie
shall be holden in everie Province (in which usurping Bishops are)
18. August next to come, in which they shall be cyted and summoned by
the Visitors of the said Countries to compeere before their Synodall
Assemblies; as namely, The Archbishop of S. Andrewes to compeere at
Saint Andrewes, The Bishop of Aberdene in Aberdene, The Archbishop of
Glasgow in Glasgow, the Bishop of Murray in Elgin, to give obedience
to the said act, which if they refused to do, that the Synodall
Assemblies shall appoint certaine brethren of their Presbyteries to
give them publike admonitions out of their Pulpits, and to warne them,
if they disobey, to compeere before the next generall Assembly to be
holden at Edinburgh 20. Octob. to heare the sentence of excommunication
pronounced against them for their disobedience: and to this act the
Bishop of Dumblane that then was, agreed, submitting himself to be
ruled by it; it was also condemned by the act of Glasgow Anno 1581.
which doth ratifie the former act of Dundee, and ordaines the book
of policie, which was approved by severall Generall Assemblies to be
registrated in the books of the Assemblie, and enjoyned the generall
confession of faith to be subscribed by all his Majesties Lieges;
Yet hath the said Master David Lyndsey with his foresaid Colleagues
respective, not onely incroached upon the liberties of Presbyteries and
Synods, but hath also took Consecration to the office of a Diocesan
Bishop, without the knowledge or consent of the Church, and against the
acts of it, claiming the power of ordination and jurisdiction, as due
to him by that unwarrantable office.

Besides, the said Master David Lyndsey, with his foresaid colleagues
respective, have, against the Lawes of the Church and Kingdome, brought
in the Service book, the book of Canons, and the High Commission Court,
and would have changed and overthrowne the whole frame of doctrine of
Gods word, the use of the Sacraments, the Discipline, Liberties and
Priviledges of this Church and State, if the Lord had not prevented
them; The particulars wee shall present to your wisdomes, though it
bee knowne to all men, how he and they have abused his Majesties
Authoritie against his Royall intentions and Declarations, they having
moved discontents betwixt the King and his subjects, by scandalous lies
betwixt subject and subject, for which things, complaints have been
given in to the Councell, which we hold heare to be repeated as a part
of our complaint, and to be tried by your wisdomes, and referred to the
Assemblie.

Besides all these faults, the said Master David Lyndsey with his
Colleagues respective, in his life and conversation is slandered
constantly as guiltie of excessive drinking, whoring, playing at
Cards and Dice, swearing, profane speaking, excessive gaming,
profaning of the Sabbath, contempt of the publike ordinances and
private familie-exercises, mocking of the power of preaching, prayer,
and spirituall conference, and sincere professors; besides, with
briberie, simonie, selling of Commissariots places, lies, perjuries,
dishonest dealing in civill bargaines, abusing of their vassals, and of
Adulterie, and Incest, with many other offences, of which we shall give
the particulars in our particular accusations.

Whereas the Presbyterie is the ordinarie judicatorie of this Church
for trying of these offences, and hath the Ecclesiasticall power for
cytation of the parties and offenders, with the reference to their
complaints to the Generall Assemblie, Therefore wee most earnestly and
humblie beseech your godly wisdomes, as you tender the glory of God,
the peace and libertie of this Church, the removall of scandals, and
punishment of vice, that you will take into your consideration and
triall the foresaid many and hainous offences, with the particular
reservations and qualifications of them, which we shall present to your
wisdomes, or to the Assemblie when it shall be thought convenient;
and that you would either take order with it your selves, and censure
the offenders, according to the nature of the offences, with the
Ecclesiasticall paines contained in the Acts and foresaid Canons of
this Church and Kingdome, or else make a reference of them to the
Generall Assemblie to bee holden at Glasgow 21. Novemb. and, that
the knowledge of these should come to the Delinquents, that you will
be pleased to ordaine the publishing hereof, to bee made by all the
Brethren of the Presbyterie in their Pulpits upon the Sabbath before
noone, with a publike admonition to the offenders to be present at the
Assemblie, to answer to this complaint, and to undergo the censure
and triall of it, and to bring with them the books and scroules
of subscriptions and oaths required from those who enter into the
Ministerie, with the books of the High Commission Court, and the books
of the Generall Assemblie, which they or their Clerk had or have
fraudulently conveied away, Together with this certification, That if
the said Master David Lyndsey, with his foresaid colleagues respective,
do not appeare in the said Assemblie, and bring with them the said
books, to answer to this complaint in generall, and to the particular
heads of it, and to submit himselfe to the triall and proofe of this
complaint generall, and to the particular heads of it, that there
shall be a condigne censure of these offenders for their contempt and
contumacie; Here wee humblie beseech your wisdomes answer.

       *       *       *       *       *


_The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares, in
answer to this Complaint._

Upon the said day, we the Brethren of the Presbyterie of Edinburgh,
after we had received this Bill and complaint, presented unto us by
the Laird of Buchanan, The Laird of Dury the younger, The Laird of
Carlourie, John Smith late Bailife of Edinburgh, John Hammiltoun,
and Richard Maxwel, in name of the Noblemen, Barons, Burgesses, and
Commons, subscribers of the Covenant (which are not Commissioners to
the Generall Assemblie) against the pretended Archbishops and Bishops
of this Kingdome, and after wee had read and seriously considered
the same, wee, according to the desire of the complainers, did and
do referre the same to the next Generall Assemblie to bee holden at
Glasgow 21. November. And wee ordaine the publishing of this complaint,
and of our reference of it to the Assemblie, to be fully read by all
the Pastors of the Presbyterie upon the next Sabbath before noone out
of their Pulpits, with a publike warning and cytation to the offendants
complained upon; By name, Master John Spotswood pretended Archbishop
of Saint Andrewes, Master Patrick Lyndsey pretended Archbishop of
Glasgow, Master Thomas Sydserfe pretended Bishop of Galloway, Master
David Lyndsey pretended Bishop of Edinburgh, Master Alexander Lyndsey
pretended Bishop of Dunkeld, Master Adam Bannatine pretended Bishop of
Aberdene, Master John Gutherie pretended Bishop of Murray, Master John
Maxwel pretended Bishop of Rosse, Master George Greme pretended Bishop
of Orknay, Master John Abernethie pretended Bishop of Caithness, Master
Walter Whitefoord pretended Bishop of Brichen, Master James Wedderburne
pretended Bishop of Dumblane, Master James Fayrley pretended Bishop
of Argyle, Master Nail Campbell pretended Bishop of the Isles, to be
present at the said Assemblie, to answer to this complaint in generall,
and to the particular heads of it, to undergo the triall and censure of
it, and to bring with them the books and scroules of the subscriptions
and oaths of them who enter into the Ministerie, the books of the
High Commission, and the book of the Generall Assemblie, which they
either had or have fraudulently put away; and if any Pastor within this
Presbyterie refuse to publish this cytation, we require the Reader of
the Church to do it. In like manner wee require all parties who have
interest, either in pursuing, or specifying, or proving this complaint,
to be present at the said Assemblie for that purpose; Upon which the
complainers took instruments in the hands of the Notarie.

According to this complaint, and the warrand of the Presbyteries
reference of it, I A. R. warne and admonish the abovenamed offenders to
compeere before the next Generall Assemblie to bee holden at Glasgow
21. November, for the causes contained in the complaint, and for the
certification expressed in it.

       *       *       *       *       *


1638.—October.

84. _Notice from Tables to Members of Assembly._[109]

1. That all Noblemen subscribers of the Covenant (except the Noblemen
of the West, who shall be ready upon advertisement) meet at Edinburgh
the 12. of November, and stay there till they goe to Glasgow, where
they shall all meet on Saturday the 17. of November at the furthest.

2. That the full number of these who are appointed Commissioners by
the severall shires, to attend this common cause, with foure Gentlemen
within the bounds of every Presbyterie at the least, out of the number
of their Assessors, without excluding any voluntaries, That they come
to Glasgow the 17. day of November, to attend constantly the Assembly,
and give their advice in the common cause to the ruling Elders,
Commissioners to the Assembly out of these Shires and Presbyteries.

3. That the Burrowes appoint (according to their quality and number)
two, foure, or six of most judicious men to come to Glasgow the 17. of
November, and there constantly to attend the Assembly, and give their
advice to their Commissioner in this common cause.

4. That the Fast be observed the fourth day of November universally,
with any other dayes they may conveniently: and if any be repairing to
the Assembly, that they keepe the Fast where they shall bee for the
time.

5. That now especially, seeing rulers Elders from particular
Congregations are received in Presbyteries, that particular
Congregations take such course that no Minister Commissioner be forced
to be absent from the Assembly for want of necessarie charges.

6. That where any hath beene deceived or compelled to subscribe this
new Covenant, that the Ministers take their Declarations in writing, or
by act in the bookes of Session, or before one witnesse, that they were
forced, deceived, or mistaken: And that every Minister make known, and
intimate publikely to the people the printed protestation, contayning
the reasons against this new subscription; and where the Minister
refuseth, that some well affected Gentleman doe it.

       *       *       *       *       *


1638.—November 16, 17, and 20.

85. _The Declinator and Protestation of the Archbishops, and Bishops,
of the Church of Scotland, and others their Adherents within that
Kingdome: Agaynst the pretended Generall Assemblie, holden at Glasgow,
Novemb. 21. 1638. Aberdene, Printed by Edward Raban, According to
the Copie Printed at London_ 1639. ☞ It is his Majesties pleasure
that this be printed: For the which, this shall bee your Warrand:
HAMILTON.[110]

We Arch-bishops, Bishops, and other Under-subscrybers, for our selues,
and in name & behalfe of the Church of Scotland, (whereas it hath
pleased the King’s Majestie, to indict A Generall Assemblie of the
Church, to bee kept at Glasgow, Novemb. 21. 1638. for composing and
setling of the Distractions of the same) First doe acknowledge, and
professe, That A Generall Assemblie, lawfullie called, and orderlie
conveaned, is a most necessarie & effectual Meane, for removing those
evills wherewith the sayd Church is infested, and for setling that
Order which becometh the House of GOD: and, That we wish nothing more,
than a Meeting of a peaceable and orderlie Assemblie, to that effect.
Secondlie, we acknowledge, and professe, as becometh good Christians,
and faythfull Subjects, That his Majestie hath authoritie, by his
Prerogatiue Royall, to call Assemblies, as is acknowledged by the
Assemblie at Glasgow, 1610, and Parliament 1612. and, That it is not
lawfull to conveane without his Royall consent, and approbation, except
wee will put our selues in danger to be called in question for Sedition.

Yet, never-the-lesse, in sundrie respectes wee can not but esteeme
this Meeting at Glasgow, most vnlawfull, and disorderlie: and their
Proceedinges voyde, and Null in Lawe, for the Causes and Reasons
following.

I. First: Before his Majesties Royall Warrand to my Lord Commissioner
his Grace, to indict A Lawfull Free Generall Assemblie, the vsurped
Authoritie of the Table, (as they call it) by their Missiues, and
Instructions, did giue order and direction, for all Presbyteries,
to elect and choose their Commissioners for the Assemblie; and for
seeking of GOD’S Blessing to it, to keepe a solemne Fast, September 16:
whereas his Majesties Warrand, for indicting of that Assemblie, was not
published till the 22 of that Moneth. So that they Preventing, and not
proceeding by Warrand of Royall Authoritie, the pretended Commissioners
beeing chosen before the Presbyteries were authorised to make election,
can not be reputed Members of a Lawfull Assemblie.

II. A Lawfull Assemblie, must not onelie bee indicted by Lawfull
Authoritie, (as wee acknowledge this to bee) but also constituted
of such Members, as are requisite to make vp such a Bodie. For, if
according to the Indiction, none at all doe conveane; or, where the
Clergie is called, there meet none but Laicks; or moe Laicks, than
of the Clergie, with equall power, to judge, & determine; or such of
the Laicks, and Clergie, as are not lawfullie authorized, or are not
capable of that Employment by their Places; or such as are legallie
disabled to sit, and decide in an Assemblie of the Church. A Meeting
consisting of such Members, can not be thought a Free and Lawfull
Assemblie, by that Act of Parliament, Iac. 6. Parl. 3. cap. 46. 1572.
Everie Minister, who shall pretend to be a Minister of God’s Word and
Sacraments, is bound to giue his assent & subscription to the Articles
of Religion, contayned in the Acts of our Soveraygne Lord’s Parliament;
and in presence of the Archbishop, Superintendent, or Commissioner of
the Province, giue his Oath, for acknowledging and recognoscing of
our Soveraygn Lord, and his Authoritie, and bringing a Testimoniall
in writ therevpon; and openlie, upon some Sunday, in tyme of Sermon,
or publicke Prayers, in the Church where hee ought to attend, reade
both the Testimoniall and Confession, and of new make the sayd Oath,
within a moneth after his admission; vnder the payne, that everie
person, that shall not doe as is aboue-appoynted, shall _ipso facto_ be
deprived, & all his Ecclesiasticall promotions, and living, shall be
then vacant, as if he were then naturallie dead; and that all inferiour
persons, vnder Prelates, be called before the Arch-bishops, Bishops,
Superintendents, and Commissioners of the Dioceses, or Province, within
which they dwell, as the Act beareth.

III. All of the Clergie conveaned to this Assemblie, pretend themselues
to bee Ministers of GOD’S Word, and Sacramentes, and haue Benefices,
or other Ecclesiasticall Livings, yet neverthelesse the most part of
them, haue never in presence of the Archbishop, Bishop, Superintendent,
or Commissioner of the Diocese, or Province, subscrybed the Articles
of Religion, contayned in the Actes of Parliament, and given their
oath, for acknowledging and recognoscing our Soveraygne Lord, and his
Authoritie, and brought a Testimoniall thereof: And, therefore, they
are, _ipso facto_, deprived, and their places voyde, as if they were
naturallie dead, and consequentlie having no place nor function in
the Church, can not be Commissioners to this Assemblie: _hoc maximè
attento_, that the sayd persons not onlie haue never given their
Oath, for acknowledging his Majesties Authoritie, nor can show no
Testimoniall therevpon, as they are bound by the sayd Act: But also
having as subjectes comprehended in the representatiue bodie of this
Kingdome, “Promised to acknowledge, obey, mayntayne, defende, and
advaunce, the Lyfe, Honour, Safetie, Dignitie, Soverayne Authoritie,
and Prerogatiue Royall, of his Soverayne Majestie, his Heyrs &
Successours, and Priviledges of his Highnesse Crowne, with their
lyues, lands, and goods, to the vttermost of their power, constantlie,
& faythfullie, to withstand all and whatsoever persons, powers, and
estates, who shall presume, preasse, or intende, anie wyse to impugne,
prejudge, hurt, or impare the same; and never to come in the contrarie
thereof, directlie or indirectlie, in anie tyme coming; as the Acts of
Parliament, Jac. 6. Parl. 18. cap. 1. Car. Parl. cap. 1. doe proport.”

And more-over, Being obliedged at their Admission, to giue their
Oath, for performance of this duetie of their Alledgeance; “And to
testifie and declare on their conscience, That the KING is the lawfull
Supreame Governour, as well in matters Spirtuall and Ecclesiasticall,
as Temporall; and to assist and defende all Iurisdiction and
Authoritie, belonging to his Majestie, by the Act of Parliament
1612.” Yet notwithstanding of the sayde Bandes, Actes, and Promises,
whereby the sayd persons are so strictlie bound to the performance
of the Premisses, his Majestie having ordayned, by Act of Councell,
at Holie-Rood-House, Sept. 24. 1638. and Proclamations following
therevpon, That all his Majesties Liedges, of whatsoever estate,
degree, or qualitie, Ecclesiasticall or Temporall, should sweare and
subscrybe the sayde CONFESSION; together with a generall BAND, for
defending his Majesties person and authoritie, agaynst all Enemies
within this Realme, or without, haue not onlie refused to subscrybe
the sayd BAND and CONFESSION; but haue in their Sermons, and other
Speaches, disswaded, deterred, impeded, and hindered others of the
Liedges to subscrybe the same; and publicklie protested agaynst the
subscription thereof: And therevpon can not conveane, nor concurre
lawfullie, to the making vp of the bodie of an Assemblie of the
CHVRCH, as being deprived and denuded of all place and function in the
same.

IV. A Generall Assemblie was condescended vnto, out of his Majesties
gracious Clemencie, and pious Disposition, as a Royall Favour to those
that so should acknowledge the same, and acquiesce to his gracious
pleasure, and carrie themselues peaceablie, as loyall and duetifull
Subjects, which the Commissioners directed to this Assemblie, supposed
to bee of the number of those that adheare to the last Protestation
made at Edinb. Sept. 1638. doe not so account of, and accept, as
appeareth by the sayde Protestation: whereby they protest, That
it shall bee lawfull for them, as at other times, so at this, to
assemble themselues, notwithstanding anie impediment, or prorogation,
to the contrarie: as also by continuing their Meetings and Table,
discharged by Authoritie, refusing to subscrybe the BAND according to
his Majesties, and Councells, command, for mayntayning his Majesties
Royall person, and authoritie, protesting agaynst the same; still
insisting with the Liedges, to subscrybe the Band of mutuall defence,
agaynst all persons what-so-ever, and remitting nothing of their former
proceedinges, where-by his MAIESTIES wrath was provoked: thereby they
are become in the same state and condition wherein they were before
his Majesties Proclamation and pardon; and so forfayte the favour of
this Assemblie, and libertie to bee Members thereof. And others of
his MAIESTIES Subjectes may justlie feare to meete with them in this
Convention, for that by the Act of Parliament, lac. 6. Parl. 15. Cap.
31. Prelacies beeing declared to bee one of the three Estates of this
Kingdome, and by the Act of Parliament, lac. 6. Parl. 8. Cap. 130.
All persons are discharged to impugne the dignitie and authority of
the three Estates, or any of them in time coming, vnder the paine
of Treason. And whereas the King by his Proclamation, declareth
Archbishops and Bishops, to haue voyce in the Generall Assemblie,
and calleth them to the same for that effect, as constantlie they
haue beene in vse in all Assemblies, where they were present, as
appeareth by manie Acts of the Generall Assemblie, ordayning them
to keepe and assist at the same, as in the Assemblie at Edinburgh,
December 15. 1566. At Edinburgh, March 6. 1572. At Edinburgh, May
10. 1586. And by a Letter, written by the Assemblie, March 6. 1573.
to the REGENT, earnestlie desiring his owne, or his Commissioner’s,
presence, and the Lords of Councell and the Bishops, at the Assemblie.
They notwithstanding by the sayde Protestation, September 22. declared
Archbishops and Bishops, to haue no Warrand for their Office in this
CHURCH, to be authorized with no lawfull Commission, and to haue no
place nor voyce in this Assemblie; and withall doe arrogate to their
Meetinges, a Soveraygne Authoritie, to determine of all Questions and
Doubtes that can aryse, contrarie to the freedome of the Assemblie,
whether in Constitution and Members, or in the matters to bee treated,
or in manner and order of proceeding. Which howe it doeth stand with
his Majesties supremacie, in all Causes, and over all persons, wee
leaue it to that judgement, wherevnto it belongeth; and doe call GOD
and Man to Witnesse, if these bee fit Members of an Assemblie, intended
for the Order and Peace of the CHURCH.

V. Giving, and not graunting, That the persons foresayde, directed
Commissioners in name of the Clergie, to this Meeting, were capable of
that Authoritie, and that the sayd Presbyteries had the authoritie, to
direct Commissioners to the Generall Assemblie; yet haue they nowe
lost, and fallen from all such Right, if anie they had; in so farre
as they haue deposed the Moderators, who were lawfullie appoynted to
governe them, by the Bishops in their Synodes, and elected others
in their places, contrarie to the Act of the Assemblie at Glasgow,
1610, and Act of Parl. 1612; ordayning Bishops to be Moderators at
these Meetinges; and in their absence, the Minister whome the Bishop
should appoynt at the Synode. So these Meetings having disclaymed the
Authoritie of Bishops, deposed their lawfull Moderators, & choosing
others, without Authoritie, can not bee esteemed lawfull Convocations,
that can haue lawfull power of sending out Commissioners, with
authoritie, to judge of the Effayres of this CHVRCH.

VI. And yet doeth the Nullitie of the Commissions flowing from such
Meetinges, farther appeare in this, That they haue associate to
themselues, a Laicke-ruling-Elder, (as they call them) out of everie
Session, and Parish; who beeing ordinarilie the lord of the Parish,
or the man of the greatest authoritie in the Boundes, doeth over-rule
in the election of the sayd Commissioners, both by his authoritie,
and their number being moe than the Ministers, whereof some beeing
ordinarilie absent, and fiue or six, or so manie of them, put in
list, and removed, there remayne but a few Ministers, to voyce to
the Election: and in effect the Commissioners for the Clergie, are
chosen by Laymen, contrarie to all order, decencie, and custome
observed in the Christian world; no wyse according to the custome of
this CHVRCH, which they pretend to follow; the Presbyteries formerlie
never associating to themselves Lay-Elders in the election of the
Commissioners to the Generall Assemblie, but onlie for their assistance
in Discipline, and correction of Manners; calling for them at such
occasions, as they stoode in neede of their Godlie Concurrence;
declaring otherwyse their meeting not necessarie; and providing
expresselie, that they should not be equall, but fewer in number, than
the Pastors: as by the Act of Assemblie at Saynct-Andrewes, Aprill
24, 1582, (where Master Andrew Melvill was Moderatour) doeth appeare:
lyke as these fourtie yeares by-gone, and vpwardes, long before the
re-establishing of Bisshops, these Lay-Elders haue not beene called
at all to Presbyteries. And by the Act at Dundie, 1597; whereby
it is pretended, That Presbyteries haue authoritie to sende these
Lay-Commissioners, it doeth no wyse appeare, that those Lay-Elders
had anie hand in choosing of the Ministers. And this is the onlie Act
of the Assemblie, authorizing Presbyteries, to choose Commissioners
to the Generall Assemblie: nor haue Lay-Elders sate ordinarilie in
Presbyteries, vpon anie occasion, these fourtie yeares, and vpwardes:
nor ever had anie place, nor voyce, in the election of Ministers, for
the Generall Assemblie; and consequentlie, these chosen by them to this
Assemblie, haue no lawfull power, nor authoritie.

VII. Beside; the persons Ecclesiasticall, pretended to be authorized
Commissioners to this Assemblie, haue so behaved themselues, that
justlie they may be thought vnworthie and vncapable of Commission to a
Free and Lawfull Assemblie.

1. For that by their seditious and rayling Sermons and Pamphlets, they
haue wounded the KING’S Honour and Soveraygne Authoritie, and animated
his Liedges to Rebellion; averring that all Authoritie Soveraygne,
is Originallie in the Collective bodie, derived from thence, to the
Prince; and that not onlie in case of negligence, it is Suppletive in
the Collectiue bodie, as beeing communicate from the Commontie to the
King; Cumulative, not Privative; but also in case of maladministration,
to returne to the Collectiue bodie; so that _Rex excisit jure suo_, and
that they may refuse Obedience.

2. Next; they are knowne to bee such as haue eyther beene
Schismaticallie refractarie and opposite to good Order setled in
the CHVRCH and STATE; or such as having promised, subscribed, and
sworne Obedience to their Ordinarie, haue never made conscience of
their Oath; or such as haue sworne, and accordinglie practised; yet
contrarie to their Promise and Practise, haue resiled, to the contempt
of Authoritie, and disturbance of the CHVRCH; or such as are vnder the
Censures of the Church of Ireland, for their disobedience to Order; or
vnder the Censures of this CHVRCH; or conveaned, at least deserving to
bee conveaned before the Ordinaries, or a lawfull Generall Assemblie,
for diverse Transgressions, deserving deprivation: As, first, For
vttering in their Sermons rash and irreverend speaches in Pulpit,
agaynst his Majesties Councell, and their Procedinges, punishable by
Deprivation: by the Act of Assemblie at Edinburgh, May 22. anno 1590.
Next; For reproving his Majesties Lawes, Statutes, and Ordinances,
contrarie to the Act of Assemblie at Pearth, May 1. Anno 1596.
Thirdlie; For expressing of mens names in Pulpit, or descrybing them
viuelie to their reproach, where there was no notorious fault; agaynst
another Act of the same Assemblie. Fourthlie; For vsing Applications
in their Sermons, not tending to the edification of their present
Auditorie; contrarie to another Act of the same Assemblie. Fiftlie;
For keeping Conventions, not allowed by his Majestie, without his
knowledge, and consent; contrarie to another Act of the same Assemblie.
Sixtlie; For receaving of people, of other Ministers Flockes, to the
Communion; contrarie to Order, Actes of Assemblies, and Counsels.
Seaventhlie; For intruding themselues into other mens Pulpits,
without Calling or Authoritie. Eyghtlie; For vsurping the Authoritie
to convent their Brethren, and proceede agaynst them to the Censures
of Suspension, and Deprivation. Nynthlie; For pressing the people to
subscrybe a Covenant, not allowed by Authoritie; and opposing and
withstanding the subscrybing of a COVENANT offered by his Majestie, and
allowed by the Counsell: Beside manie personall faultes and enormities,
whereof manie of them are guiltie, which in Charitie, we forbeare to
expresse. But heereby it doeth appeare, how vnfit these persons are, to
bee Members of a Free and Lawfull Assemblie.

VIII. Nor doeth it stand with Reason, Scripture, or Practise of the
Christian Church, that Lay-men should bee authorized to haue decisiue
voyce in a Generall Assemblie. In that Act of Dundie, 1597, whereby
these Elders pretende to haue this place, there is no Warrand expressed
for them, to deliberate and determine. Their presence and assistance
wee approue, being allowed and authorized by the Prince. The Kings
Majesties presence in person, or by his Delegates, wee holde moste
necessarie to see all thinges orderlie and peaceablie done; and that
hee haue the chiefe hand in all Deliberations and Determinations.
Nor doe wee refuse, that anie Intelligent or moderate man, may make
remonstrance of his opinion, with the reasons of it, in that way that
becommeth him in a Nationall Assemblie; due reverence beeing kept, and
Confusion avoyded. But that anie Lay-man, except hee bee Delegate by
Soveraygne Authoritie, shall presume to haue a definitiue and decisiue
Voyce, wee esteeme it to bee intrusion vpon the Pastorall Charge, and
without Warrand. May wee not, therefore, intreat my Lord Commissioner
his Grace, in the words of the Fathers of the Fourth Generall Councell
at Chalcedon, _Mitte foras superfluos_? Nor will a pious Prince
bee offended with it, but, with Theodosius the younger, will say,
_Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcoporum,
Ecclesiasticis immisceri tractatibus_ ________ And Pulcheria the
Empresse, commaunded _Strategus, Vt Clerici, Monachi, & Laici, vi
repellerentur, exceptis paucis lilis, quos Episcopi secum duxerunt_.
Upon this respect was Martinus in that Councell of Chalcedon, moved to
say, _Non esse suum, sed Episcoporum tantum subscribere_.

IX. If these pretended Commissioners, both Lay and Ecclesiasticall,
were lawfullie authorized, (as it is evident they are not,) and for
none other cause declinable, yet the Law doeth admit, that justlie
a Iudge may bee declined, who is probablie suspect. And of all
probabilities, this is the most pregnant, when the Iudge, before hee
come to judgement, doeth giue sentence of these things hee hath to
judge. This made our Reformers Protestation agaynst the Councell of
Trent valide; and their not compearing, justifiable, because Pope Leo
10 had precondemned Luther, as appeared by his Bull, dated 8 Iunii,
1520, renewed by Paul 3, dated in August 1535. This was the cause why
Athanasius would not giue his appearance at some Councells, nor Hosius
of Corduba, nor Maximus Patriarch of Constantinople. But so it is,
the most part, if not all of the sayde Commissioners directed to this
Meeting haue precondemned EPISCOPALL GOVERNMENT, and condemned, at
least suspended Obedience to the Acts of the Generall Assemblie and
Parliament, concerning the fiue Articles of Pearth, haue approven their
COVENANT as most necessarie to be embraced of all in this Kingdome;
and not onelie haue given judgement of these thinges before-hand; but
by most solemne Oathes haue bound themselues, to defende and stand to
the same: as doeth appeare by their Covenant, Petitions, Protestations,
Pamphlets, Libels, and Sermons. And, therefore, by no Law nor Equitie,
can these pretended Commissioners bee admitted to determine in this
Meeting, concerning these Persons and Poynts, which before-hand they
haue so vnjustlie condemned.

X. Farther: with no Law nor Reason can it subsist, that the same
persons shall bee both Iudges and Parties. And wee appeale the
Consciences of all honest men, if all, at least the greatest parte
of the pretended Commissioners, haue not declared themselues Partie
to the Arch-bishops, and Bishops, of this CHVRCH: for in that they
haue declyned the Bishops to be their Iudges as beeing their Partie,
(as their Declinators, Petitions, Declarations, and Protestations doe
beare,) haue they not _simul & semel, & ipso facto_ declared themselues
to bee Partie agaynst Bishops? Whom they haue not onlie declyned,
but persecuted by their Calumnies and Reproaches, vented by word and
writ, in publicke and in private; by invading their persons, opposing
and oppressing them, by strength of an vnlawfull Combination; for the
subscrybing and swearing whereof, they haue by their owne Authoritie
indicted and kept Fastes, not onelie in their owne Churches, but
where worthie men refused to bee accessorie to these disorderlie and
impious Courses, they haue, by ayde of the vnruly multitude, entered
their Churches, vsurped vpon their Charges; reading, and causing to be
read, that vnlawfull Covenant; by threatning and menacing, compelling
some (otherwise vnwilling) out of just feare, to set their hands to
it; by processing, suspending, and removing obedient and worthie
Ministers from their places by the vsurped Authoritie of their Table,
and Presbyteries. And whereas by all Law and Iustice, persons finding
themselues wronged in Iudgement, haue never beene denyed the remedie
of Declinatorie and Appellation: Neverthelesse not a few of these
Presbyteries haue proceeded against sundrie worthy Ministers, who haue
declined and appealed from their Iudgments, without respect to this
Defence: by these means craftilie intending to disable them to be
Commissioners for the CHVRCH; directlie, or indirectlie, causing their
Stipendes to bee kept backe from them: By which meanes, not the least
parte of the subscribing Ministers haue bene gained to their Covenant.

But it is without example, vncharitable, and illegall, that vnder the
pretext of Summons (the like whereof was never vsed, nor in the like
manner, agaynst the most haynous Malefactors in the kingdome) they haue
devised, forged, vented, and published a most infamous and scurrile
Libell, full of impudent Lies, and malicious Calumnies, against the
Arch-bishops, and Bishops, of this CHVRCH: and haue first given out
from their Table, the Order prescrybed in these subsequent Articles,
which we haue insert, that the World may be Witnesse of the Illegalitie
and Malicousnesse of their Proceedinges.

1. To desire the Presbyterie of everie Bishop, especiallie where hee
keepeth his residence, as also the Presbyterie where his Cathedrals
Seat is, to haue a speciall care of this Bill, and Complaynt agaynst
the Prelates, and particularlie agaynst the Bishop of their Diocese.

2. That some Noble-men, if anie be within the Presbyterie, some
Gentle-men and Barons, some Ministers, and some Commons, who are
not chosen Commissioners to the Assemblie, in their owne Name, and
in Name of all other Covenanters, or Complayners, eyther within the
Presbyterie, or Diocese, or whole Kingdome, who are not Commissioners
to the Assemblie, will adheare and assist in this Complaynt, that they
present this Bill to the Presbyterie.

3. That they who are Complayners, haue a particular care to fill up
the Blanks left in the Bill, in the Subsumptions of the particular
Faults committed by the Bishop of the Diocese, agaynst these generall
Rules, Canons, and Actes: or if these Blankes will not contayne the
same, that the Complayners draw vp in a particular Clayme, all the
particular Faultes, and Transgressions of the Bishop of that Diocese,
agaynst these Rules, Canons, and Acts, or anie other Law of the Church,
or Kingdome; and present the same to the Presbyterie, with this
generall Complaynt. And if they can not get the Particulars presentlie
readie, notwithstanding, they present without anie delay, because of
the scarcenesse of the tyme, this Complaynt, as it standeth with the
Blanks: and in the meane tyme, may gather anie other Particulars,
agaynst the Assemblie, to which this Complaynt is to bee referred.

4. That the Presbyterie finding the Complaynt important, & the Generall
Assemblie so approaching, referre the same to the Generall Assemblie,
by an Act of this Reference, insert in the Bookes of the Presbyterie.

5. That vpon this Reference of the Complaynt to the Assemblie, the
Presbyterie admonish the Complayners, _apud acta_, to be present at the
sayde Assemblie, for assisting and verifying of the sayde Complaynt.

6. That the Presbyterie ordayne all their Pastors, out of Pulpit,
on a Sabbath-day, before noone, to cause reade publicklie this whole
Complaynt, and the Presbyteries Reference to the Assemblie; and so to
admonish the Bishop of that Diocese, the Delinquent complayned upon,
with the rest of his Collegues, to be present at the Gen. Assembly,
to answere to the particular Complaynt, both in the particular and
generall heads thereof, given, or to be given in; & to abide the
censure & tryall of th’ Assemblie therevpon. And lykwyse, out of Pulpit
to admonish all others, who haue interest eyther in the persuing, or
referring this Complaynt, to be present, at the sayd Assemblie.

7. That the Presbyterie insert, in their Presbyterie-Bookes, the whole
tenour of this Complaynt, both in the generall and particular heads
thereof; and that they haue a care, to cause deliver, by their ordinary
Beadell, to the Bishop of the Diocese, a Copie thereof, and a Copie
of an Act, referring the same to the Assemblie; and summon him, to
compeare before the Assemblie. And if he be within the Countrey, and
cannot be personallie apprehended, to affix a full copie thereof vpon
each dwelling place, and vpon the most patent doore of the Cathedrall
Church, and Episcopall Seat.

8. That the Complayners, within the Presbyterie where the Bishop is
resident, or hath his Cathedrall, be carefull to keep corresponce
with those in other Presbyteries within their Diocese, who best can
specifie and verifie their Bishops vsurpation, & transgressions; and
who had particular Articles, to gather particular Declarations, and
Informations, of the same.

9. That some of these Complayners, in their own name, and with Warrand
and Power from the rest, without fayling, attend the Assemblie,
with the generall Complaynt, and particular Verifications, and
Specifications, of the same.

10. That in case the Presbyterie where the Bishop hath his residence,
or where he hath his Cathedrall, and Episcopall Seat, refuse to receaue
this Complaynt, or referre the same to the Assemblie, or to admonish,
or cite, the Bishop delinquent, before the Assemblie, to aunswere to
the Complaynt; That the Gentle-men, and others, who are Complayners to
the Presbyteries, vpon their Refusall, take instrument, in the handes
of the Clerke of the Presbyterie, or anie Notarie; and protest, That
their Refusall of the ordinarie care of Iustice, procured (without
doubt) by the Bishop of that Diocese, delinquent, complayned of, the
equivalent of Law and Reason, bee a formall Citation of him. Which
Protestation, they may affixe vpon the dwelling-house of the sayde
Bishop, or vpon his Cathedrall Church, or vpon the pryme Church within
the Presbyterie. And, That they may deale with anie other Presbyterie
within the Diocese, who is better disposed, and vpon their receat of
the Complaynt, will referre the same to the Assemblie, and cite the
Bishop in manner aboue-expressed, to compeare before the sayd Assemblie.

11. Item: Perhaps some Minister within the Presbyterie, may thinke some
Heads of this Complaynt, not to be relevant in his Opinion, or know
the Bishop not to bee guiltie of all the particular Heads contayned
therein: Yet hee in Iustice can not refuse to referre the tryall of
the Relevancie, and Probation thereof, to the Generall Assemblie,
especially, seeing the Relevancie and Probation of moe or fewer Points
agaynst the Bishop of the Diocese, is sufficient; and seeing the
Subsumption of everie particular Head, is agaynst the Bishop of the
Diocese, with his Colleagues.

12. Item, to desire the Presbytery, vpon Complaynts vpon anie persons
within the same, against any scandalous Minister, eyther in Doctrine or
Lyfe, eyther to judge the Complaynt, or referre the same to the tryall
and censure of the Generall Assemblie, and so to admonish and cite the
Minsters complayned vpon, to compeare before the Generall Assemblie,
for that ende.

According to which Articles, vpon Sunday, October 28, they caused reade
the sayd Libell in all the Churches of Edinburgh, notwithstanding
my Lord Commissioners command given to the Provest and Baylies to
the contrarie, except in Holie-Rood-House, where it was read the
next Sunday, as it was in other Churches of the Kingdome: proceeding
heerein, 1. Agaynst all Charitie, which doeth not behaue it selfe
vnseemlie, nor delighteth in the discoverie of mens nakednesse, nor
take vp a reproach, nor backbite with the tongue; much lesse to write
a Booke agaynst a Brother. 2. Agaynst the order prescrybed by the
Apostle; Not to rebuke an Elder, but to intreate him as a Father: and
by the Act of Parliament, Iac. 6, Parl. 8, discharging all persons to
impugne or to procure the diminution of the authoritie & power of the
three Estates, or anie of them. 3. Agaynst all lawfull and formall
proceeding, speciallie, that prescrybed by Act of Generall Assemblie
at Pearth, Martij. 1, 1596; whereby it is ordayned, That all Summons
contayne the speciall Cause and Cryme: which the sayde Libell doeth
not: nameing onelie generall Calumnies, Reproaches, and Aspersions,
without instruction of anie particular, but leaving these to bee filled
vp by malitious delation, after they haue defamed their Brethren by
publishing this Libell: as appeareth by the 8 and 11 Articles of the
sayde Instructions. And agaynst the order prescrybed by the Assemblie
at Saynct-Andrewes, Aprill 24, 1582; whereby it is enacted, That in
processe of deprivation of Ministers, there be a libelled Precept
vpon fourtie dayes warning, beeing within the Realme; and threescore
dayes, being without the Realme, to bee directed by the Church, and
such Commissioners thereof, as elect and admit the person complained
of, summoning them to compeare, & answere vpon the Complaint. And in
case of their absence at the first Summons, the second to be directed
vpon the lyke warning, with certification: if hee faile, the Libell
shall be admitted to probation, and he shall bee holden _pro confesso_.
Which forme not beeing kept in a Summons inferring the punishment
of Deprivation, the same can not bee sustayned by the order of that
Assemblie. 4. Agaynst common Equitie, which admitteth Summons onlie by
the authoritie of that Iudge before whom the Delinquent is to compeare.
Whereby the Summons directed by the authoritie of these pretended
Presbyteries, can not sustayne, for compearance before the Generall
Assemblie, nor could reference bee made from the Presbyterie, to the
Generall Assemblie, the parties never beeing summoned to compeare
before the Presbyterie, whereby eyther in presence of the Partie, or
in the case of contumacie, the Complaynt might be referred to the
Assemblie. That there was no Citation before the Reference, is cleare,
by the sayd Instructions. And what a strange and odious forme it is,
to insert such a calumnious Libell in the Presbyterie-Bookes, without
citing of the Parties, to aunswere therevnto; and to cite the Bishops
before the Generall Assemblie, by the sayde Libell, by publishing the
same at Churches, to the which they had no Relation, and were manie
miles distant; wee leaue it to the judgement of indifferent men. 5.
Agaynst all Decencie, and respect due to men of their Place, the sayde
persons, beeing Men of Dignitie, and some of them of his Majesties
moste HONOVRABLE PRIVIE COVNCELL, and knowne to bee of blamelesse
Conversation, and to haue deserved well, thus to be reviled, and
traduced, doeth redound to the reproach of Church, and State, and of
the Gospell, whereof they are Preachers. 6. Lastlie, to omit manie
other Informalities agaynst their owne Consciences, which wee charge in
the sight of GOD, as they must answere before His Great and Fearfull
Tribunall, If they suspect, and know not perfectlie, according to the
judgement of Charitie, them whom they thus accuse, to bee free of
these Crimes, wherewith they charge them; at least of manie of them;
as appeareth evidentlie by the xj Article of the said Instructions,
having therein libelled the Generall, and haue yet to seeke the
Specification thereof, from the malice of their neighbours, if so bee
they can furnish it. By which informall and malitious Proceeding, it
is most apparent, that our sayd Parties doe seeke our disgrace and
overthrowe, most malitiouslie, and illegallie. And therefore, wee call
Heaven and earth to witnesse, if this bee not a barbarous, and violent
persecution, that all Circumstances being considered, hath few or none
to parallell it, since the beginning of Christianitie: and if wee haue
not just cause to decline the sayde pretended Commissioners, as our
Partie.

Moreover, can these men expect, but in a lawfull Assemblie they were
to bee called and censured for their enorme transgressions foresayde?
And will anie man thinke, that they can be judges in their owne cause?
it is alleadged out of the Canon-Law, agaynst the Pope, that if the
Pope bee at variance with anie man, he ought not to bee judge himselfe,
but to choose Arbitrators. And this may militate agaynst them; except
they bee more vnrulie than Popes. Ludovicus Bavarus, and all the
Estates of Germanie with him, did pleade this Nullitie agaynst the
sentence and Proceeding of Pope Iohn 22, and of his Councell. And the
Archbishop of Cullen, 1546, did pleade the Nullitie of Paull 3 his Bull
of Excommunication, because hee protested, that so soone as a lawfull
Councell should bee opened, hee would impleade the Pope as Partie,
beeing guiltie of manie thinges censurable by the Councell.

But the late Protestation doeth show the Authors thereof, to bee no
lesse injurious to our Place, and Authoritie, than they are overweening
of their owne. For it is agaynst Reason and Practise of the Christian
Church, that no Primate, Archbishop, nor Bishop, haue place nor voyce
deliberatiue, nor decisue, in Generall Assemblies, except they bee
authorized, and elected, by their Presbyterial Meetinges, consisting of
Preaching and Ruling Elders, (as they call them) and without Warrand,
or Example, in the Primitiue, and purest tymes of the Church.

XII. This also doeth inferre the Nullitie of an Assemblie, if the
Moderator and President for matters of Doctrine, and Discipline,
shall bee neyther the Primate, Arch-bishop, nor Bishop; but he who
by pluralitie of Presbyters, and Lay-mens voyces, shall bee elected:
which happilie may bee one of the inferiour Clergie, or a Lay-person,
as sometymes it hath fallen out. Whereas Canonicallie, according to
the auncient practise of the CHVRCH, the Primate should preside:
according to the Constitution of the First Councell of Nice, Can. 6,
of Antioch, Can. 9, and of the Imperiall Lawe, Novell. Constitut. 123,
Cap. 10, and according to our owne Lawe. For what place in Assemblies,
Arch-bishops and Bishops had in other Christian Nations, the same they
had (no doubt) in SCOTLAND, and yet still doe retayne, except by some
Municipall Lawe it hath beene restrayned, which can not bee showne:
For the restraynt of their Authoritie by the Act of Parliament 1592.
is restored by the Act of Parliament 1606, and 1609, and all Actes
prejudiciall to their Iurisdiction abrogated. Neyther doeth that Act
1592, establishing Generall Assemblies, debarre Bishops from presiding
therein: Nor the abrogation of their Commission, graunted vnto them
by Act of Parliament, in Ecclesiasticall Causes, imply and inferre
the abrogation of that Authoritie, which they receaved not from the
Parliament, but from CHRIST, from Whom they receaved the Spirituall
Over-sight of the Clergie, vnder their Charge: wherevnto belongeth the
Presidentship in all Assemblies, for matters Spirituall; alwayes with
due Submission to the Supreame Governour: which is so intrinsecallie
inherent in them, as they are Bishops, that _hoc ipso_ that they are
Bishops, they are Presidents of all Assemblies of the Clergie: as
the Chancellour of the Kingdome hath place in Councell, and Session;
not by anie Act, or Statute, but _hoc ipso_ that hee is Chancellour.
By Act of Parliament, Bishops are declared, to haue their Right in
Synodes, and other inferiour Meetinges; but by no Lawe restrayned, nor
debarred from the exercyse of it in Nationall Assemblies: and the Lawe
allowing Bishops to bee Moderatours of the Synodes, doeth present a
List, in absence of the Metropolitane, to whome, of right, this Place
doeth belong, as sayd is, out of which the Moderator of the Generall
Assemblie shall bee chosen. For is it not more agreeable to Reason,
Order, and Decencie, that out of Moderators of Synodes, a Moderator
of the Generall Assemblie should bee chosen, than of the inferiour
Clergie, subject to them?

As concerning that Act of the General Assemblie, Anno 1580, whereby
Bishops are declared to haue no warrant out of Scripture, if corruption
of tyme shall bee regarded, the authoritie of that Assemblie might
bee neglected no lesse than that at Glasgow, Anno 1610. But it is
ordinarie that prior Actes of Assemblies and Parliamentes giue place
to the posterior; for _Posteriora derogant Prioribus_. And there past
not full six yeares, when a Generall Assemblie at Edinburgh found, that
the Name of Bishops hath a speciall charge and function annexed to it
by the Word of God; and that it was lawfull for the Generall Assemblie
to admit a Bishop to a Benefice, presented by the Kings Majestie, with
power to admit, visite, and depriue Ministers, and to be Moderatoures
of the Presbyteries where they are resident, and subject onelie to the
sentence of the Generall Assemblie.

As for that Act at Montrose, let them answere to it that haue their
calling by that Commission. Wee professe that wee haue a lawfull
calling by the election of the Clergie, who are of the Chapter of our
Cathedralls, and consecration of Bishops by his Majesties consent and
approbation, according to the laudable Lawes and auncient Custome of
this Kingdome, and of the Church in auncient tymes; and doe homage
to our Soveraigne Lord for our Temporalities, and acknowledge him,
_solo Deo minorem_, next vnto God in all causes, and over all persons
Spirituall or Temporall; in his owne Dominions supreame Governour.
But now wee may take vp _Cyprian_ his complaint, _Lib._ 3. _Ep._ 14.
_Quod non periculum metuere debemus de offensâ Domini, quando aliqui
de Presbyteris, nec Evangelii, nec loci sui memores; sed neque futurum
Dei judicium, neque præpositum sibi Episcopum cogitantes, quod nunquam
omnino sub antecessoribus factum est, cum contumelia & contemptâ
præpositi, totum sibi vendicent? A’que vtinam non prostrata fratrum
nostrorum salute sibi omnia vendicarent. Contumelias Episcopatus nostri
dissimulare & ferre possem; sicut dissimulavi semper & pertuli; sed
dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à
quibusdam vestrum, qui dum sine ratione restituendæ salutis plausibiles
esse cupiunt, magis lapsis obsunt._

XIII. Lastlie; it is most manifest by the Premisses, how absurd it
is, and contrarie to all Reason and Practise of the Christian Church,
that Archbishops and Bishops shall bee judged by Presbyters; and more
absurd, that they should bee judged by a mixt meeting of Presbyters and
Laicks, conveaning without lawfull authoritie of the Church. Howe, and
by whome they are to bee judged, according to the custome of Auncient
times, may bee seene by the Councell of Chalcedon, Can. 9. and Concil.
Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor doe wee decline
the lawfull tryall of anie competent judicatorie in the Kingdome,
especiallie of a Generall Assemblie lawfully constitute, or of his
Majesties high Commissioner, for anie thing in life or doctrine can be
layde to our charge: onlie we declare and affirme, That it is against
Order, Decencie, and Scripture, that wee should be judged by Presbyters
or by Laickes, without Authoritie and Commission from Soveraygne
Authoritie.

For the reasons fore-sayd, and manie moe, and for discharge of our
duetie to GOD, to his CHVRCH, and to our Sacred Soveraygne, lest by our
silence we betray the CHVRCHE’S right, his Majesties Authoritie, and
our owne Consciences, Wee for our selues, and in Name of the CHVRCH
of SCOTLAND, are forced to protest, That this Assemblie bee reputed
and holden Null in Lawe Divine and Humane; and, That no Church-man
bee holden to appeare before, assist or approue it; and therefore,
that no Letter, Petition, Subscription, Interlocutor, Certification,
Admonition, or other Act what-so-ever proceeding from the said
Assemblie, or anie member thereof, bee anie wise prejudiciall to the
Religion and Confession of Fayth by Act of Parliament established,
or to the Church, or anie member thereof, or to the Iurisdiction,
Liberties, Priviledges, Rentes, Benefices, and Possessions of the
same, Actes of Generall Assemblie, of Councell, and Parliament, in
Favoures thereof; or to the three Estates of the Kingdome, or anie of
them; or to vs, or anie of vs, in our Persons, or Estates, Authoritie,
Iurisdiction, Dignitie, Rentes, Benefices, Reputation, and good Name:
But on the contrarie, That all such Actes and Deedes aboue-mentioned,
and every one of them, are, and shall bee reputed and esteemed vnjust,
illegall, and Null in themselues; with all that hath followed, or may
follow there-vpon.

And for as much as the sayde Assemblie doeth intende, (as we are
informed) to call in question, discusse, and condemne thinges not
onelie in themselues lawfull, and warrandable; but also defined and
determined by Actes of Generall Assemblie, and Parliaments, and in
practise accordinglie; to the disgrace and prejudice of Reformed
Religion, authoritie of the Lawes and Liberties of the Church and
Kingdome; weakning his Majesties Authoritie, disgracing the Profession
and Practise, which hee holdeth in the Communion of the Church where he
liveth; and branding of Reformed Churches, with the foule aspertions
of Idolatrie and Superstition: Wee protest before GOD and man, that
what shall bee done in this kinde, may not redound to the disgrace
or disadvantage of Reformed Religion, nor bee reputed a deede of the
Church of SCOTLAND.

Wee protest, that wee imbrace and hold, That the Religion presentlie
professed in the Church of Scotland, according to the Confession
thereof, receaved by the Estates of this Kingdome, and ratified in
Parliament, the yeare 1567, is the true Religion, bringing men to
Eternall Salvation, and doe detest all contrarie Errour.

Wee protest, That Episcopall Government in the Church, is lawfull, and
necessarie: and, That the same is not opposed, and impugned, for anie
Defect or Fault, eyther in the Government or Governoures; but by the
malice and craft of the Devill, envying the successe of that Government
in this CHVRCH these manie yeares by-past, most evident, in planting
of Churches with able and learned Ministers, recovering of the Church
Rents, helping of the Ministers Stipends, preventing of these jarres
betwixt the KING and the CHVRCH, which in former tymes dangerouslie
infested the same, keeping the people in Peace and Obedience, and
suppressing of Poperie, which in respect eyther of the number of their
Professoures, or boldnesse of their Profession, was never at so lowe an
ebbe in this Kingdome, as before these stirres.

Wee protest, That seeing these who for scruple of conscience did
mislyke the Service-Booke, Canons, and high Commission, which were
apprehended, or given foorth, to be the cause of the troubles of this
Church, haue now receaved satisfaction, and his Majestie is graciouslie
pleased to forget and forgiue all offences by-past in these stirres;
that all the Subjectes of this Kingdome may liue in Peace and Christian
Loue, as becommeth faythfull Subjectes, and good Christians; laying
aside all hatred, envye, and bitternesse. And if anie shall refuse
so to doe, they may beare the blame, and be thought the cause of the
troubles that may ensue: and the same bee not imputed to vs, or anie
of vs, who desire nothing more, than to liue in peace and concord with
all men, vnder his MAIESTIES obedience, and who haue committed nothing
agaynst the Lawes of the Kingdome, and Church, that may giue anie man
just cause of offence; and are so farre from wishine hurt to anie man,
in his person, or estate, notwithstanding all the indignities and
injuries wee haue suffered, that for quenching this present Combustion,
and setling Peace in this Church, and Countrey, wee could bee content,
after clearing of our innocencie, of all thinges where-with wee can
bee charged, not onelie to lay downe our Bishoprickes at his Majesties
feet, to be disposed of at his Royall pleasure; but also, if so bee, it
pleased GOD, to lay downe our lyues, and become a Sacrifice, for this
Atonement.

Wee protest, in the sight of GOD, to Whom one day wee must giue
Account, That wee make vse of this DECLINATOR, and PROTESTATION, out
of the conscience of our duetie to GOD, and His CHVRCH; and not out of
feare of anie guiltinesse, whereof anie of vs is conscious to himselfe,
eyther of wickednesse in our lyues, or miscarriage in our Callings:
being content, everie one of vs, for our owne particular, (as wee haue
never showne our selues to bee otherwyse) to vnder-goe the lawfull, and
moste exact Tryall, of anie competent Judicatorie within this Kingdome,
or of his Majesties high Commissioner.

And wee moste humblie intreat his Grace, to intercede with the King’s
Majestie, That hee may appoynt a Free and Lawfull Generall Assemblie,
such as GOD’S Word, the practise of the Primitiue Church, and Lawes
of the Kingdome doe prescrybe, and allowe, with all convenient
speed, to the effect, the present Distractions of the Church may be
setled. And if there be anie thing to be layd to the charge of any of
the Clergie, of whatso-ever degree, eyther in Lyfe and Manners, or
Doctrine, or exercise of his Calling, and Iurisdiction, hee may bee
heard to aunswere all Accusations, and abyde all tryall, eyther for
clearing his innocencie, or suffering condigne punishment, according
to his Transgressions: declyning alwayes this Assemblie, for the
causes aboue-written. Lyke as by these Presentes, wee, and everie one
of vs, declyne the same, the whole Members thereof, and Commissioners
fore-sayd, directed therevnto, and everie one of them.

Wee protest, That this our PROTESTATION in respect of our lawfull
absence, may bee receaved, in the Name of vs vnder-subscribing for our
selues, and in the Name of the CHVRCH of SCOTLAND, that shall adheare
to the sayde PROTESTATION, and in the Name of everie one of them, From
our well-beloved, Doctor Robert Hamilton, Minister at Glasford:

To whome, by these Presentes, wee giue our full Power, and expresse
Mandate, to present the same in or at the sayde Assemblie, or where
else, it shall bee necessarie to bee vsed; with all submission, and
obedience, due to our Gracious Soveraygne, and his Majesties High
Commissioner. And vpon the presenting and vsing thereof, Acts and
Instrumentes to craue, and all other thinges to doe, that necessarilie
are requyred in such Cases: firme and stable holding, or for to holde,
what hee, or anie of them, shall lawfullie doe in the Premisses.

In witnesse where-of, as wee are readie with our Blood, so with
our Hand, wee haue subscrybed these Presentes, at the Palace of
HOLIEROOD-HOVSE, NEW-CASTLE, and GLASGOW, the 16, 17, and 20 dayes of
November, Anno 1638.

    Et sic subscribitur.

  Jo: Sᵗⁱ Andreæ Arch. [_Jo. Spottiswood._]
  Pa: Glasgow. [_Patrick Lindsay._]
  Da: Edinburgen. [_David Lindsay._]
  Tho: Gallovidien. [_Thom. Sydserfe._]
  Jo: Rossen. [_John Maxwell._]
  Walterus Brechinen. [_Walter Whitfoord._]

       *       *       *       *       *

86. _His Majesty’s Observations upon the draft copy of the
Declinator._[111]

CHARLES R.

I. The second reason to be advised with my Lord Commissioner, whether
or not it be safe at this time to except against the Form of the
Publication of the Indiction of the Assembly.

II. The third is a very good reason against the Proceeding of the
Assembly, but will not infer a Nullity.

III. In all the reasons where the Assembly is called a pretended
Assembly, it is His Majesties Pleasure, that the word _pretended_ be
deleted out of the Copy shewed to His Majesty.

IV. For the seventh reason, if it offend not the inferiour Clergie, His
Majesty is contented with it.

V. In the ninth reason, to omit the precondemning of the Service-book,
Book of Canons, and High Commission.

VI. The tenth reason is so full that the eighth may be totally omitted.

VII. The eleventh reason militates abundantly against all those who
hold such Tenets, that they cannot Voice in the Assembly, though it
Infer not an absolute Nullity of the Assembly.

VIII. The thirteenth de loco tuto, & accessu tuto, to be totally
omitted.

IX. The fourteenth and last to be totally omitted.

X. In the conclusion there is one clause marked by His Majesties own
Hand, which is to be omitted.

Whitehall, 19ᵗʰ October, 1638.

       *       *       *       *       *

1638.—November 17.

87.—_Letter from the King to Hamilton._[112]

HAMILTON,

Concerning our Preparations here, I have commanded the Comptroller to
give you a full account, of which you may take publick notice, and
declare, That as their Carriage hath forced me to take care to arm
myself against any Insolence that may be committed; so you may give
assurance that my care of Peace is such, that all those Preparations
shall be useless, except they first break out with insolent Actions.
Now for Answer to your Letter, it was never heard that one should be
both Judge and Party: besides, the Lawfulness of the Judicatory must be
condescended upon, before any Cause can be therein lawfully determined:
therefore I say that the Assembly can in no case be Judge of their own
Nullities: yet you have reason, not onely to make good what I have
promised, but also to promise them a new Assembly, upon the amendment
of all the Faults and Nullities of this. I approve of both your
Bargains, and shall take care that you shall not lose by them, and so I
rest

  Your assured constant Friend,
  CHARLES R.

  Whitehall,
  17 Nov. 1638.

       *       *       *       *       *

1638.—November 20.

88. _Letter from Bishops of Ross and Brechin to the Commissioner._[113]

MAY IT PLEASE YOUR GRACE,

What came from my Lord S. Andrews is herewith enclosed. We humbly
and heartily thank your Grace for your excessive favour and kindness
towards us: we must take it the more kindly, that we know at such a
time it is to let others see what respect your Grace carries to our
Coat; for our selves we could more willingly chuse a more sober diet
and less ease: considering our own Sins, and the difficulties of the
Times, do admonish us rather to fast than feast, to afflict our Souls
rather than to relish any worldly pleasure. But above all we two for
our selves, and in name of our Brethren, do with most thankful hearts
acknowledg your Graces most pious care of the Liberties of this poor
distressed and distracted Church; and especially the solicitude and
care your Grace hath, that our Protestation be orderly done, secretly
kept, and seasonably presented, before either the Cause, or we that are
Bishops, suffer wrong. It is that which now concerneth us most and is
dearest to us, both for Conscience before God, and our credit to the
present Age and future; and we cannot express how happy we are to have
in this Exigent such a Pious and Noble Patron, careful and sollicitous
with the most tender affection both of our Cause and Persons, where
otherwise (with the greatest loss, at least hazard, can be, to
discharge our Duty to God and his Church) we should be necessitated to
doe it our selves, and haply neither with so much safety nor honour.
God will reward your Grace we are confident, and bless your Grace and
yours; for we dare aver in this Division your Grace hath made choice
of the better part. The Difficulties are great, the Hopes none, but
too pregnant Fears to the contrary; yet it is the more like to be Gods
Cause, that his Work may appear: and it may be called _digitus Dei_,
and marvellous in our eyes. Mans extremity is Gods opportunity.

We have given Dr Hamilton our best directions, which we submit humbly
to your Graces better Judgment, to add and command what you think fit:
he needs no more Deputation, but the inserting of his name in the
Procuratory, which is in the close of the Declinator. Above all we have
recommended to him, a care that it may be timeously presented; but in
this we trust only to your Grace.

As we pity the Difficulties your Grace is cast into, so shall we be
earnest supplicants to God Almighty, to bless and preserve your Grace
in this and all other Services, wherewith God and his Majesty hath
trusted you.

  Your Graces most humble
  and bounden Servants,
  John Rossen.
  Wal. Brechinen.

POSTSCRIPT.—What goes from my Lord of St Andrews directed to me, I
beseech your Grace to open and read for your own use.

Hamilton, Nov. 20. 1638.

       *       *       *       *       *


1638.—November 21.

89. _Letter from the King to Hamilton._[114]

HAMILTON,

This is rather to give the reason of My Answer than the Answer it self,
(you being to receive it at large by My Lord of Canterbury.) The truth
is, that the same reason which made me blot out the whole Sentence
before, hath made me desire to alter a word now; to wit, that I should
not be thought to desire the abolishing of that in Scotland, which I
approve and maintain in England, namely, the Five Articles of Perth:
now the word content expresses enough my consent to have them surcease
for the present; but the word pleased, methinks, imports as much as if
I desired them to take them away, or, at least, were well pleased that
they should doe so. But I leave it to your ordering, so that you make
it be clearly understood, that though I permit, yet I would be better
pleased if they would let them alone; and so I rest,

  Your assured constant Friend,
  CHARLES R.

  Whitehall, 21ᵗʰ of
  Novemb. 1638.

       *       *       *       *       *


1638.—November 21.

90, 91. _Letters from the King to Hamilton._[115]

HAMILTON,

This is rather to shew you, that I do not forget you nor your pains,
than for any Answer that your last Leter needs, it being more of
Accounts than Demands. Onely I shall tell you, that you needed not to
have made an Excuse for asking the Ten Thousand pounds Sterling; for I
know that there is but too much use for it, and the more I consider it,
I find you have the more reason: therefore I assure you that what may
be done shall be done in this, and with what speed is possible; and so
I rest

  Your assured constant Friend,
  CHARLES R.

  Whitehall,
  21 Nov. 1638.

       *       *       *       *       *


HAMILTON,

I have heard this day that the Dean of Durham is dead, for the
disposing of which Place, though I may have many Suiters, and (which is
more) though heretofore I have had divers Intentions upon the disposing
of that Place, for the better accommodating of my Service, the reason
of which is now as forcible as ever; yet I have thought fit not to
dispose of it till I might (if your stay be not longer than I expect)
speak with you: and to shew you that I am not unmindful of the daily
pains that at this time Balcanqual takes in my Service, I would let
you see the case before I dispose of it, and have your Opinion, if he
might not stay a little longer for another nearer my eye, and yet not
dishearten him, when it may accommodate my Service another way; and so
I rest

  Your assured constant Friend,
  CHARLES R.

       *       *       *       *       *


1638.—November 21.

92, 93. _Speech of Commissioner to the Assembly, and the King’s offers
to it._[116]

MY LORDS and the rest of this REVEREND ASSEMBLY,

The making of long Harangues is not suitable either with my Education
or Profession, much less with this Time, which now after so much
talking ought to be a time of Action.

I pray God that as a great (and I hope the worst) part of mens Spirits
have been evaporated into bitter and invective Speeches, so the best
and last part of them may be reserved for Deeds, and these answerable
to the Professions which have been made on all sides when this great
Assembly should come.

For the Professions which have been made by Our Sacred Soveraign (whom
God long preserve to reign over us) I am come hither by His command to
make them good to His whole People, whom to His grief He hath found to
have been poysoned (by whom I know not well, but God forgive them) with
misconceits of His Intentions, concerning the Religion professed in
this Church and Kingdom. But to rectifie all such Misconceptions of His
Subjects, his Majesties desire is, that before this Assembly proceed to
anything else, His Subjects may receive ample and clear satisfaction
in these Points, wherein His Majesties gracious Intentions have been
misdoubted, or glanced at, by the malevolent Aspects of such as are
afraid that His Majesties good Subjects should see His clear mind
through any other Glasses or Spectacles, than those they hare tempered
and fitted for them.

Those sinistrous Aspersions, dispersed by surmizes, have been
especially two; first, as if there had been in His Majesty, if not
some Intention, yet at least some inclination, to give way, if not to
Alterations, yet to some Innovations in the Religion professed in, and
established by the Laws of this Church and Kingdom.

I am confident that no man can harbour or retain any such thought in
his breast any more, when His Majesty hath commanded that Confession
of Faith, (which you call the Negative) to be subscribed by all His
Subjects whatsoever, and hath been Graciously pleased to put the
Execution of this His Royal Command in your own hands.

The next false, and indeed foul and devilish Surmize, wherewith His
good Subjects have been misled, is, that nothing promised in His
Majesties last most Gracious Proclamation, (though most ungraciously
received) was ever intended to be performed, nay, not the Assembly it
self: but that only Time was to be gained, till His Majesty by Arms
might oppress this His Own Native Kingdom; than which Report Hell it
self could not have raised a blacker and falser.

For that part which concerneth the Report of the Intention of not
holding the Assembly, this Day and Place, as was first promised and
proclaimed, (thanks be to God,) confuteth that Calumny abundantly;
for the other of making good what His Majesty did promise in His last
Gracious Proclamation, His Majesty hath commanded me thus to express
His Heart to all His good Subjects.

He hath seriously considered all the Grievances of His Subjects, which
have been presented to Him, by all and several of their Petitions,
Remonstrances, and Supplications, exhibited unto Himself, His
Commissioner, and Lords of His Secret Council, and hath graciously
granted them all; and as He hath already granted as far as could be by
Proclamation; so he doth now desire, that His Subjects may be assured
of them by Acts of this General Assembly, and afterwards by Acts of
Parliament respective.

And therefore he not onely desires, but commands, that all the
Particulars he hath promised be first gone in hand with in this
Assembly, and enacted, and then afterwards what His Subjects shall
desire being found reasonable may be next thought upon, that so it may
be known to God and the whole World, and particularly to all His good
Subjects, how careful His Majesty is to discharge himself of all his
Gracious Promises made to them; hoping that when you shall see how
Royally, Graciously, and Faithfully His Majesty hath dealt with you,
and all his Subjects, you will likewise correspond in loyal and dutiful
Obedience, in chearful but calm and peaceable Proceeding, in all other
business to be treated of in this Assembly: and because there shall be
no mistake, I shall now repeat the Particulars, that you may see they
are the same which were promised by His Majesties first Proclamation.

       *       *       *       *       *


CHARLES R.

The Kings Majesty being informed, that many of His good Subjects have
apprehended, that by the introduction of the Service-book and Book of
Canons, the in-bringing of Popery and Superstition hath been intended,
is Graciously pleased to discharge the said Books, and to annul all
Acts made for establishing thereof; and for His good People their
further satisfaction, is Graciously pleased to declare by me, that no
other in that kind shall hereafter be introduced, but in a fair and
legal way of Assembly, allowed by Act of Parliament, and the Laws of
this Kingdom.

The Kings Majesty, as he conceived for the ease and benefit of the
Subjects, established the High Commission, that thereby Justice might
be administred, and the Faults and Errours of such persons as are
made liable thereto taken order with, and punished with the more
convenience, and less trouble to the People: but finding His Gracious
Intentions to be herein mistaken, hath been pleased, likeas he is
Graciously content, that the same be discharged, with all Acts and
Deeds made for the establishing thereof, and is pleased to declare by
me, that that Court or Judicatory, nor no other of that nature, shall
be brought in hereafter, but in that way allowed by the Laws of this
Kingdom.

And the Kings Majesty being informed, that the urging of the five
Articles of Perth’s Assembly hath bred Distraction in the Church
and State, hath been Graciously pleased to take the same into His
consideration, and for the quiet and peace of Church and State, doth
not onely dispense with the practice of the said Articles, but also
discharges, and by these hath discharged, all and whatsoever Persons
from urging the practice thereof, upon either Laick or Ecclesiastic
person whatsoever: and doth hereby free all His Subjects from all
Censure and Pain, whether Ecclesiastical or Secular, for not urging,
practising, or obeying them, or any of them, notwithstanding any
thing contained in the Acts of Parliament or General Assembly, to the
contrary.

And because it is pretended, that Oaths have been administred to
Ministers at their entry, contrary and differing from that which is
set down in the Acts of Parliament, His Majesty is pleased to declare
and ordaine, that no other Oath shall be required of any Minister
at his entry than that which is expressly set down in the Acts of
Parliament; and this He is content be considered of in the Assembly, to
be represented to the Estates of Parliament, and enacted as they shall
find expedient.

And that it may appear how careful His Majesty is that no Corruption
or Innovation shall creep into this Church, neither any scandal, vice,
or fault of any person whatsoever censurable or punishable by the
Assembly, go unpunished, it is his Majesties Pleasure, likeas by these
His Majesty does assure all His good People, that hereafter General
Assemblies shall be kept as oft as the Affairs of this Kirk shall
require: and to this purpose, because it is probable that some things
necessary for the present Estate and Good of this Church may be left
unperfected at this present Assembly, We do by these indict another
Assembly to be holden at __________. And that none of Our Subjects
may have cause of Grievance against the Procedure of Prelats, Our
Pleasure is, that all and every one of the present Bishops, and their
Successours, shall be answerable, and accordingly from time to time
censurable according to their Merits by the Assembly, which His Majesty
is likewise pleased be enacted in this present Assembly, and thereafter
ratified in Parliament.

And to give all His Majesties good People good assurance that he
never intended to admit any Alteration or Change in the true Religion
professed within this Kingdom, and that they may be truly and fully
satisfied of the Reality of His Intentions towards the maintainance of
the Truth and Integrity of the same, His Majesty hath been pleased to
require and command all His good Subjects to subscribe the Confession
of Faith, subscribed by His dear Father in Anno 1580. and for that
effect hath ordained the Lords of His Privy Council to take some speedy
course whereby the same may be done through the whole Kingdom; which
His Majesty requires likewise all those of this present Assembly to
sign, and all others His Subjects, who have not done it already: and
it is His Majesties Will, that this be inserted and registred in the
Books of this Assembly, as a Testimony to Posterity, not onely of the
sincerity of His Intentions to the said true Religion, but also of His
Resolution to maintain and defend the same and His Subjects in the
professing thereof.

  C. R.


1638.—November 21.

94. _List of Members of the General Assembly at Glasgow, which met this
day._[117]

       *       *       *       *       *


_Commissioner for the Kings Majestie_,

JAMES MARQUES OF HAMILTOUN.

_Commissioners from the Presbyteries of Scotland, both of the
Ministrie, and of the ruling Elders, and of Burgesses, as they are
within the Presbyteries._

_Presbyterie of Dunce._

  Maister Alexander Carse minister at Polwart.
  M. Iohn Hume Min. at Eccles.
  M. Thomas Suintoun min, at Saint Bathanes.
    Sir David Hume of Wederburne Knight, Elder.

_Presb. of Chirnside._

  M. George Roul minister at Mordingtoun.
  M. Thomas Ramsay min. at Foldoun.
  M. Walter Swintoun min. at Swintoun.
    Iames Earle of Home, Elder.

_Presb. of Kelso._

  M. Richard Sympson min. at Sproustoun.
  M. William Penman min. at Morbattle.
    Andrew Ker of Lintoun, Elder.

_Presb. of Iedburgh._

  M. Robert Brounley min. at Kirktoun.
  M. Iames Wilkie minister at Creling.
  M. Robert Cunninghame min. at Hawick.
    Sir William Dowglas of Cavers, Elder.
    Robert Simpson, burgesse of Iedburgh.

_Presb. of Erstiltoun._

  M. Iohn Matland min. at Glenkirk.
  M. Harie Cockburne min. at Gingilkirk.
    Iohn Lord Cranstoun, Elder.
    M. Alexander Hume, bailie, burgesse of Lawder.

_Presb. of Melrosse or Selkirke._

  M. William Iameson min. at Langnewtoun.
  M. Robert Martin min. at the new kirk of Ettrick.
  M. Iohn Knox min. at Bowdoun.
    Sir Iohn Ker of Cavers, Elder.

_Presb. of Dumbar._

  M. Patrick Hammiltoun min. at Innerweek.
  M. Iohn Lawder min. at Tuninghame.
  M. Iohn Dalyel min. at Prestoun Kirk.
    Sir Patrick Hepburn of Waghtoun Knight, Elder.
    George Purves, burgesse of Dumbarre.
    M. Patrick Hume, burgesse of North-berwick.

_Presb. of Hadingtoun._

  M. Iohn Ker minister at Salt-prestoun.
  M. Iames Fleeming minister at Bathans.
  M. Iohn Oswald minister at Pencaitland.
    Iohn Lord Hay of Yester, Elder.
    M. George  Gray, common clerk, burgesse of Hadingtoun.

_Presb. of Dalkeith._

  M. Iames Porteous minister at Lesswade.
  M. Iames Robertson minister at Cranstoun.
  M. Olivhar Colt minister at Inneresk.
    William Earle of Louthian, Elder.

_Presb. of Edinburgh._

  M. Andrew Ramsay minister in Edinburgh.
  M. Harie Rollock minister in Edinburgh.
  M. William Colvin minister at Cramond.
    Iohn Lord of Balmerino, Elder.
    Iames Cochran, Dean of Guild in Edinburgh.
    Thomas Paterson, burgesse of Edinburgh.
    M. Iohn Adamson, Principall of the University of Edinburgh.

_Presb. of Linlithgow._

  M. Richard Dickson minister at Kinneill.
  M. Andrew Keir minister at Carriden.
  M. Iames Symson minister at Bathgate.
    George Dundas of that ilk, Elder.
    Iames Glen, Provest of Linlithgow.

_Presb. of Sterling._

  M. Iames Edmistoun minister at Saint Ninians.
  M. William Iustice minister at Gargunnock.
  M. Edward Wright minister at Clackmannan.
    Sir William Murray of Toughadame, Elder.
    Thomas Bruce, Provest of Sterling.

_Presb. of Peebles._

  M. Iohn Bennet minister at Kirkurde.
  M. Robert Levingstoun min. at Skirling.
  M. Hew Ker minister at Traquare.
    Iames Williamson, Provest of Peebles.

_Presb. of Middlebie._

  M. Simeon Iohnstoun minister at Annan.
  M. Iohn Hammiltoun minister at Wasterkirk.
    Iames Lord Iohnstoun, Elder.

_Presb. of Lochmaban._

  M. Robert Henderson minister at Lochmaban.
  M. David Roger minister at Tundergarth.
    Iames Dowglasse of Moussewald, Elder.

_Presb. of Penpont._

  M. George Cleland minister at Durisdier.
  M. Samuell Austine minister at Penpont.
    William Ferguson of Craigdarroch, Elder.

_Presb. of Dumfreis._

  M. Iames Hammiltoun minister at Dumfreis.
  M. William Makjore minister at Carlaverock.
  M. Alexander Tran minister at Lochroytoun.
    Iohn Charteris younger of Amesfield, Elder.
    Iohn Irving, late Provest of Dumfreis.

_Presb. of Kirkcubright._

  M. Samuell Rutherford minister at Anweth.
  M. William Dalglish minister at Kirkmabreck.
  M. Iohn Makleland minister at Kirkcubright.
    Alexander Gordoun of Earlstoun, Elder.
    William Glendinning, Provest of Kirkcubright.
    Robert Gordoun of Knokbrex, burgesse of New-Galloway.

_Presb. of Wigtoun._

M. Andrew Anderson minister at Kirkinner. M. Andrew Lawder minister at
Whithorne. Andrew Agnew of Lochnaw, Elder. Alexander Makghie, burgesse
of Wigtoun.

_Presb. of Stranrawer._

  M. Iohn Levingstoun minister at Stranrawer.
  M. Iames Blair minister at Portmontgomerie.
  M. Alexander Turnbull minister at Kirmaden.
    Robert Adair of Kinhilt, Elder.
    Iames Glover, Clerk of Stranrawer.

_Presb. of Air._

  M. Iames Bonar minister at Mayboll.
  M. Iohn Fergushill minister at Vchiltrie.
  M. Robert Blair minister at Air.
    Iohn Earle of Cassils, Elder.
    Iohn Stewart, late Provest of Air.

_Presb. of Irwing._

  M. David Dickson minister at Irwing.
  M. William Russell minister at Kilbirnle.
  M. Robert Baillie minister at Kilwinning.
    Iohn Lord Lowdoun, Elder.
    M. Robert Barclay, Provest of Irwing.
    Mathew Spense, the Provest of Rothesay.

_Presb. of Argyle._

  M. Donald Makilvorie min. at Inveraray.
  M. Nicol Makcalman min. at Kilmun.
  M. Iames Campbell minister at Kilfinnan.
    Archibald Campbell of Kilmun, Elder.

_Presb. of Dumbartane._

  M. David Elphinstoun min. at Dumbartane.
  M. Robert Watson minister at Cardrosse.
  M. Iohn Stirling minister at Badernock.
    Walter Makalley of Ardincapill, Elder.
    Iohn Sempill, Provost of Dumbartane.

_Presb. of Paslay._

  M. William Brisbane minister at Erskine.
  M. Iohn Hammiltoun minist. at Innerkip.
  M. Matthew Brisbane minister at Killellan.
    Iohn Brisban of Bishoptoun, Elder.
    Iohn Spreull, burgesse of Ranfrew.

_Presb. of Glasgow._

  M. Iohn Bell elder minister at Glasgow.
  M. Zacharie Boyd minister at the Barrony Kirk thereof.
  M. Iames Sharpe minister at Goven.
    The Earle of Eglingtoun, Elder.
    Patrick Bell, Provest of Glasgow.
    David Spense, Clerk of Rutherglane.

_Presb. of Hammiltoun._

  M. Patrick Hammiltoun minister at Cambuslang.
  M. Iames Iohnstoun minister at Stenhouse.
  M. Iohn Heriot minister at Blantyre.
    William Bailzie of Carphin, Elder.

_Presb. of Lanerk._

  M. William Livingstoun minister at Lanerk.
  M. Alexander Somervell minister at Daulfingtoun.
  M. Richard Ingles minister at Westoun.
    Sir William Bailzie of Lamingtoun, Elder.
    Gideon Iack, Bailie of Lanerk.

_Presb. of S. Andrews._

M. Alexander Henderson minister at Luchers. M. Andrew Auchinleck
minister at Largo. M. Iames Bruce minister at Kingsbarnes. Iohn
Lord Sinclar, Elder. Iames Sword, burgesse of Saint Andrews. Ninian
Hamiltoun, burgesse of Caraill. Thomas Symson, Town-Clerk of Kilrinnie.
William Hamiltoun, burgesse of Anstruther-easter. Iohn Tullous, Clerk
of Anstruther-wester. Iames Airth, Clerk of Pittenweeme.

_Presb. of Couper._

  M. David Dalgleish minister at Cowper.
  M. Iohn Moncreiffe minister at Collessie.
  M. Walter Buchannan minister at Seres.
    Iohn Lord Lindsay, Elder.
    George Iameson, merchand, burgesse of Cowper.

_Presb. of Kirkaldie._

  M. Robert Dowglasse minister at Kirkaldie.
  M. Frederik Carmichaell minister at Kennoway.
  M. Robert Cranstoun minister at Scoonie.
    Iohn Earle of Rothes, Elder.
    Iohn Williamson, burgesse of Kirkaldie.
    David Symson of Monturpie, burgesse of Dysart.
    M. Robert Cunyghame, burgesse of Kinghorne.
    George Gairdine, burgesse of Bruntiland.

_Presb. of Dumfermline._

  M. Iohn Row min. at Carnok.
  M. Iohn Duncan minister at Culrosse.
  M. Iames Sibbald minister at Torrie.
    Robert Lord Burley, Elder.
    Iames Reid, Provest of Dumfermline.
    Gilbert Gourley, Bailie of Culrosse.
    Iohn Bardie, Burgesse of Innerkethin.

_Presb. of Dumblane._

  M. Harie Livingstoun minister at Kipping.
  M. Andrew Rind minister at Tullicutrie.
  M. William Edmistoun minister at Kilmadock.
    Sir George Stirling of Keir, Knight, Elder.

_Presb. of Auchterardour._

  M. George Mushet minister at Doning.
  M. Iames Row minister at Muthill.
  M. Iohn Grahame minister at Auchterardour.
    Iames Earle of Montrose, Elder.

_Presb. of Perth._

  M. Robert Murray minister at Methven.
  M. Iohn Robertson minister at Perth.
  M. Alexander Petrie minister at Rind.
    Iohn Earle of Weemes, Elder.
    Thomas Durhame, Dean of Guild in Perth.

_Presb. of Dunkeld._

  M. William Menyies min. at Kennture.
  M. Iohn Anderson minister at Cargill.
    Mungo Campbell, fiar of Lawers, Elder.

_Presb. of Meggill._

  M. George Symmer minister of Meggill.
  M. George Halyburtoun minister at Glenylla.
    Iames Lord Cowper, Elder.

_Presb. of Dundie._

  M. Andrew Wood minister at Monyfooth.
  M. Iohn Robertson minister at Achterhouse.
    David Grahame of Fentrie, Elder.
    Iames Fletcher, prov. of Dundie.

_Presb. of Forfar._

  M. Iohn Lindesay minister at Aberlemno.
  M. Silvester Lammy minister at Glames.
  M. Alexander Kynninmont minister at Kirimure.
    Iames Lyon of Aldbarre, Elder.
    David Hunter, Provest of Forfar.
    Iohn Grahame, Bailie of Montrose.
    Robert Demster, Bailie of Brechen.

_Presb. of Merns._

  M. Iames Sibbald minister at Benholme.
  M. Andrew Mill minister at Fetteresso.
  M. Alexander Symson minister at Conveth.
    Sir Gilbert Ramsay of Balmain, Elder.

_Presb. of Aberdene._

  M. David Lyndesay minister at Balhelvie.
  M. William Guild minister at Aberdene.
    Iames Skien of that ilk, Elder.
    M. Iohn Lundie Humanist for the Univer. of Aberd.

_Presb. of Deir._

  M. Andrew Cant minister at Pitsligo.
  M. Iames Martine minister at Peterhead.
  M. Alexander Martine minister at Deir.
    Alexander Fraser of Fillorth, Elder.

_Presb. of Alfurd._

  M. Iohn Young min. at Keig.
  M. Iohn Ridfurd minister at Kinbettock.
  M. Andrew Strachan minister at Tillineshill.
    M. Michaell Elphinstoun of Balabeg, Elder.

_Presb. of Turreffe._

  M. Thomas Michell minister at Turreffe.
  M. William Dowglasse minister at Forg.
  M. Geo. Sharpe min. at Fyvie.
    Walter Barclay of Towie, Elder.

_Presb. of Kinkairne._

  M. Alexander Robertson minister at Clunie.

_Presb. of Garioch._

  M. William Wedderburn minister at Bathelnie.
    Andrew Baird, burges of Bamfe.

_Presb. of Forresse._

  M. William Falconer minister at Dyke.
  M. Iohn Hay min. at Raffert.
  M. David Dumbar minister at Edinkaylly.
    William Rosse of Clova, Elder.
    M. Iohn Dumbar, Bailie of Forresse.

_Presb. of Innernesse._

  M. Iohn Howisoun minister at Wartlaw.
  M. Patrick Dumbar minister at Durris.
    Iames Fraser of Bray, Elder.
    Robert Bailie, Bailie of Innernesse.

_Presb. of Tain._

  M. Gilbert Murray minister at Tain.
  M. William Mackeinyie minister at Tarbet.
  M. Hector Monro minister in nether Taine.
    Sir Iohn Mackenzie of Tarbet, Elder.
    M. Thomas Mackoulloch, Bailie of Taine.

_Presb. of Dingwall._

  M. David Monro minister at Kiltairne.
  M. Murdoch Mackeinyie minister at Containe.
    Iohn Monro of Lumlair, Elder.

_Presb. of Dornoch in Sutherland._

  M. Alexander Monro minister at Golspie.
  M. William Gray min. at Clyne.
    George Gordon, brother to the Earle of Sutherland, Elder.

_Presb. of Thurso in Caithnes._

  M. George Lesly minister at Bower.
  M. Iohn Smairt.
    Iohn Murray of Pennyland, Elder.

_Presb. of Kirkwal in Orkney._

  M. David Watson minister at the Kirk of the Yle of Wastrey.
  M. Walter Stewart minister at the Kirk of Suthronaldsay.

NOTE.—Since the first Part of this publication appeared, the second
centenary of the Assembly 1638 has been celebrated at Glasgow and
Edinburgh, (on 20th December 1838,) as well as in other considerable
towns of Scotland; and this commemoration has been conducted with
a degree of eclat unexampled perhaps within the memory of man, in
reference to any ecclesiastical concerns. We are not called on to
make any remarks as to the appropriateness and sound discrimination
displayed in all these demonstrations; but we gladly avail ourselves
of the present opportunity of enriching these pages with an extract
from a speech made by the Rev. Dr. Lee, of Edinburgh, at Glasgow,
on the occasion alluded to. We place it here in juxtaposition with
the authentic list of the members of Assembly of 1638, because it
affords the best illustration we could give of the composition of
that Assembly, and is a satisfactory refutation of certain ignorant
or malignant representations on the subject; and we are proud thus
to record our respect for that excellent and accomplished gentleman,
whose store of information, with regard to the history and constitution
of the Church of Scotland, exceeds, we believe, that of any other
individual, both for fulness and exactness:—

“If your time had permitted, I might have endeavoured to shew in what
manner and degree the Assembly 1638, and those which followed after, as
well as some which had preceded it half a century, contributed to the
establishment of the highest and finest University education. Among the
other great objects in which that Assembly so happily and successfully
engaged, none was nearer their hearts, or better accomplished. It was
their aim to establish all the Universities, Colleges, and Schools
in a state of high efficiency; and, with this view, they reclaimed
for the Church the power of visitation formerly exercised, that the
religious character and consistent practice of all Principals, Regents,
and Professors might be satisfactorily ascertained, as well as their
aptitude for their stations; and that whatever was deficient might be
supplied, and whatever was disordered or corrupt might be rectified.

“For this difficult undertaking, the members of that Assembly were
generally qualified in no ordinary degree. It has, indeed, been alleged
that a large proportion of the elders consisted of illiterate men. I
have seen it asserted in several books of late, even in some written
by Presbyterians, that many of those in that Assembly, who judged of
the gravest questions concerning theological learning and soundness
in the faith, could neither read nor write. There is no authority for
this insinuation, except the random assertion of Bishop Burnet—supposed
sometimes to have been a contemporary, though he was not born for
five years afterwards—the value of whose testimony on this matter may
easily be estimated by any one who observes what he has confidently,
though most ignorantly and erroneously, stated, with respect to Ruling
Elders—that the mixture of that class with the Ministers in Church
Courts was then quite a new thing; for, though such officers had
formerly been allowed to interfere in parochial discipline, ‘yet they
never came to their Assemblies till the year 1638.’ So far is this
from being true, that, from the very first, Elders had convened in
great numbers with the Ministers at the General Assemblies—there was
even a preponderance of them in the earliest of all the Assemblies,
in 1560—insomuch that, long before Burnet wrote, or even was born,
several Bishops of Scotland, such as Adamson and Maxwell, had published
complaints against decisions of the Assembly, on the ground that they
had been carried by the votes of Lay Elders, as they called them. If
the Elders were unable to read or write, so much the less credit is
due to the system of education which had prevailed nearly forty years
before 1638, under auspices not Presbyterian; and so much the greater
credit should be given to the Presbyterians for the improvements by
means of which, as Burnet frankly confesses, they brought the people
generally to a most surprising measure of knowledge, particularly on
theological points, and to a corresponding measure of practical piety.

“But I think it of some consequence to vindicate the claims of the
Assembly 1638 to the character of a learned Assembly. Well, then, what
is the fact? It is ascertained that in that Assembly there were 140
Ministers; 2 Professors, not being ministers; and 98 Ruling Elders
from Presbyteries and Burghs. Of these Ruling Elders, 17 were Noblemen
of high rank; 9 were Knights; 25 were landed Proprietors, or lesser
Barons, of such station as entitled them to sit in Parliament; and 47
were Burgesses, generally holding the principal offices of authority
in their respective towns—men who were capable of representing their
communities in the Parliament. There was not a peasant, as has been
insinuated, or even a farmer or yeoman, in the number. About the least
considerable persons present were, Mr Alex. Hume, bailie of Lawder,
and Mr Patrick Hume, burgess of North Berwick. Both of these, as well
as many others of the members from the burghs, were masters of arts,
having had a complete university education, and having obtained their
degrees after regular examination. From what I know of the personal
history of many of these men, and from documents which I have seen and
now possess, I could undertake to prove that not one was illiterate.
About twenty years ago, I acquired most of the original commissions
of the members of the Assembly 1638. These documents are subscribed
generally by the whole constituents of the Commissioners—namely, by
Ministers, by Elders, by Magistrates, and Councillors. The signatures
are, for the most part, in a superior style of penmanship; and it is
not credible that such men would elect persons to represent them who
were less educated than themselves. Moreover, the signatures of the
Elders who sate in the Assembly might have been known by Bishop Burnet
to be appended to the National Covenant—that great bond by which the
people of this land engaged to maintain the true principles of the
Reformation, as founded in the Word of God. Many of these documents,
studded with innumerable subscriptions, are still extant.

“But how did this Assembly, and those which followed, fulfil their
purposes with respect to the Universities? They not only appointed
visitations, but they prevailed on the Government greatly to enlarge
the provision for the maintenance of the Universities, so that they
were enabled to increase the number of Professors, and to augment their
incomes; thus making it practicable to admit the youth to the benefit
of their instructions on the easiest terms. They did not despise or
discourage the most elegant accomplishments. On the contrary, the
Assembly of 1645, following out the views of preceding assemblies,
deplored the great decay of poesy, and the ignorance of prosody, and
ordained that, in the trial of Schoolmasters, for burghs or other
considerable parishes, none should be admitted but such as after
examination should be found skilful in the Latin tongue, not only for
prose, but also for verse; and the same Assembly introduced other
regulations for advancing the study, not only of Greek, but of all the
branches of Philosophy. But the chief recommendation of the system,
then prescribed and practised, was, that the nurture and admonition of
academical youth was sanctified by the Word of God, and by prayer. The
study of the Scriptures was a college exercise. The young were trained
to habits of devotion. The catechisms, and other manuals of religious
instruction, were translated into Latin, and carefully taught; and, by
such provisions as these, the influence of piety was diffused over the
paths of solid learning.”


1638.—November 22.

95. _Letter from the Bishop of Ross to Hamilton._

MY LORD, MAY IT PLEASE YOUR GRACE,

This Worthy Gentleman hath desired my Judgment concerning three things:
first, concerning the production of a Letter from His Majesty to the
Assembly, directed to the Archbishops, Bishops, and Ministers, whether
or not this can be produced, and any Note made upon it, before there be
a Moderator condescended upon. My humble Opinion is, (which I humbly
submit to your Graces better Judgment) that the Letter be presented,
given by your Grace to the Clerk, and read by him. Here it is most
like your Grace will be pressed, that the Letter is directed to an
Assembly that cannot be without a Moderator, and yet on purpose to
get a Moderator by Election, and an Assembly established; to which in
my Judgment it may be replied, that it may be that the King’s Letter
containeth something to that purpose, which, therefore, is to be read,
and noted by the Clerk as produced onely. The second is concerning
the examination of the Commissions and Commissioners: My Lord, it is
certain that both are most illegal, and there is more than sufficient
ground from this one (if there were no more) to void this Assembly and
make it null. But how to begin at this I see not so well, for if the
Commissions and Commissioners be rejected, then how shall the King’s
Real and Royal Intentions be manifest to the subjects, which is most
necessary, that the Factious may not have advantage to possess good
and loyal Subjects, that His Majesty is onely deluding them for other
ends. On the other part, if your Grace approve the Commissions and
Commissioners, how far King and Church shall suffer, your Grace is
wiser to conceive than I am able to express. The third is concerning
the Declinator, when it shall be proposed or presented to your Grace;
My Lords of Glasgow and Brechin are fully of that mind, that at the
very first it is to be used before the Assembly be established: their
Reasons seem very pregnant, first, because all Declinators are used so;
next, if the Assembly be once established, how can it be declined, or
your Grace admit our Declinator or Protestation?

My Lord, seeing two things are mainly to be looked to, the one that
His Majesties Pious Intentions be made known to this present Meeting;
the other, that the Church suffer no prejudice; my humble Opinion is,
that first the King’s Letter (as I have said) be read, and marked
_Produced_; next immediately after, our Declinator produced, and
presented to your Grace, read in audience of all, Instruments taken in
the Clerk-Registers hands, and it marked by the Clerk _Produced_. Then
your Grace may, by your own Wisdom, conceive a brief Speech, excusing
your self that you are not so well acquainted with the Formalities and
Legalities of Church-meetings; yet that seeing in such Distractions and
Combustions all things cannot be done in that orderly way is requisite,
and that your Grace does know how that, with a most earnest and
Fatherly Care, His Majesty endeavours the binding up of this breach,
and the restoring of Church and State to Quiet and Peace, and that your
Grace, for that Duty you owe to your Master, and Love you have to your
Native Country, will leave nothing undone that is in your power, and
incumbent to a Faithful Servant and kind Patriot, and therefore will
adventure to chuse rather to erre in formal Errours: than to leave so
material and necessary a Work at such an exigent of time; and so seeing
there is no Archbishop nor Bishop present, your Grace by connivence
will permit them (for how your Grace can allow it I see not) to chuse a
Moderator, and will not fall upon that shelve or rock of Examination of
Commissions or Commissioners; being confident that if matters go on in
a moderate way, what shall be agreed upon shall be liked by all, even
those that are taken to be their Party; and what is amiss in Formality
and Legality, if no errour be in the matter of the Conclusions, may
most easily and speedily be helped. After the Moderator is condescended
upon, the first thing your Grace would urge is the Registrating the
Kings Letter in the Books of the Assembly, then the Registrating of
our Declinator. After this your Grace will be careful, that nothing
be proposed till what is in His Majesties Declaration be enacted, and
if (this being done) they fall upon any extravagancy, your Grace then
may by advice of the Council declare, that seeing they will not hold
Moderation, your Grace and the Council must examine their Commissions
and Commissioners, (to which before you gave connivence) and discuss
the relevancy of our Declinator.

This Course keeped, in my poor Judgement, will fully manifest to all
His Majesties pious Intentions, evidence your Graces sincere affection
to Religion and the Kingdom, preserve our Right, make them unexcusable,
let the People see how unreasonable and immoderate they are, and give
to your Grace a fair way and ground, to discontinue and discharge the
Meeting under pain of Treason. This my weak and poor opinion I have
made bold to declare to your Grace, not out of any confidence in my
self, but necessitated because of that Obedience I owe your Grace, and
true affection to the Peace of Church and State, which with myself,
and all my endeavours, I humbly prostrate to you, and submit to your
Grace’s better Judgement.

I humbly beg of your Grace to let me know by this Gentleman, what shall
be done with our Declinator, and let him come and speak with my Lords
of Glasgow, Brechin, and me, that we may be acquainted by him of your
Graces commands. God in his mercy bless you in this difficult Work.

  Your Grace’s most humble
  and bounden Servant,
  JO. ROSSEN.[118]

  Castle of Glasgow,
  22ᵗʰ Nov. 1638.
  at 7 a clock in the
  morning.

       *       *       *       *       *


1638.—November 27.

96. _Letter from Hamilton to the King._[119]

MOST SACRED SOVEREIGN,

When I consider the many, great, and most extraordinary favours,
which your Majesty hath been pleased to confer upon me; if you were
not my Sovereign, gratitude would oblige me to labour faithfully, and
that to the uttermost of my power, to manifest my thankfulness. Yet
so unfortunate have I been in this unlucky country, that though I
did prefer your service before all worldly considerations, nay, even
strained my conscience in some points, by subscribing the negative
confession; yet all hath been to small purpose; for I have missed my
end, in not being able to make your Majesty so considerable a party as
will be able to curb the insolency of this rebellious nation, without
assistance from England, and greater charge to your Majesty, than this
miserable country is worth. As I shall answer to God at the last day,
I have done my best, though the success has proven so bad, as I think
myself of all men living, most miserable, in finding that I have been
so useless a servant to him, to whom I owe so much. And seeing this
may perhaps be the last letter that ever I shall have the happiness to
write to your Majesty, I shall therefore in it discharge my duty so
far, as freely to express my thoughts in such things as I do conceive
concerneth your service. And because I will be sure that it should not
miscarry, I have sent it by this faithful servant of your Majesty’s
whom I have found to be so trusty, as he may be employed by you, even
to go against his nearest friends and dearest kindred.

Upon the whole matter, your Majesty has been grossly abused by my Lords
of the clergy, by bringing in those things in this church, not in the
ordinary and legal way. For the truth is, this action of theirs is
not justifiable by the laws of this kingdom; their pride was great,
but their folly greater; for if they had gone right about this work,
nothing was more easy, than to have effected what was aimed at. As
for the persons of the men, it will prove of small use to have them
characterized out by me, their condition being such, as they cannot be
too much pitied; yet, lest I should lay upon them a heavier imputation,
by saying nothing, than I intend, therefore I shall crave leave to
say this much. It will be found that some of them have not been of
the best lives, as St Andrews, Brechin, Argyle, Aberdeen; too many of
them inclined to simony; yet, for my Lord of Ross,[120] the most hated
of all, and generally by all, there are few personal faults laid to
his charge, more than ambition, which I cannot account a fault, so it
be in lawful things. But, Sir, to leave them, and come to those whom
I conceive it is more necessary you should know, your officers and
counsellors, of whom I shall write without spleen or favour, as I
shall answer to him at the last day, to whom I must give an account (I
know not how soon) of all my actions.

Your Treasurer,[121] his ambition has been great, and his labouring
popularity has certainly prejudiced your service. Nothing could gain
him that name sooner, than by opposing the clergy; and the differences
betwixt them hath marred all; to which those of the Council did not
only hold hand to, but encouraged him to it, as much as in them
lay; and here again, I say, they gave too just reason to meet with
opposition. He is a most active man, and hath many excellent parts.
What his bypast carriage hath been, is as well, if not better known
to your Majesty than me; but he doth now labour certainly what lieth
in him, to advance your Majesty’s ends; and hath oft solemnly sworn
to me, that in defence of episcopal government he will spend his life
and fortune. For those particulars wherewith he hath been taxed, as
being guilty of abusing your Majesty, in the execution of his place,
as Treasurer, he will, in my opinion, justify himself. Howsoever
(considering these present times) you must make use of him, and your
Majesty should be wary of giving him discontent.

As for my Lord Privy Seal,[122] I shall not need to say much of him, he
being so well known to your father (of blessed memory) whose judicious
character of him to yourself, is so true, as I shall neither add nor
pare. He hath likewise declared himself to me for episcopal government;
but I like not his limitations; yet you must make use of him, for he is
a powerful man in this country.

The Marquis of Huntley is unknown to me, more than in general; but much
misliked is he here (yet not the worse for that) traduced not only to
be popishly inclined, but even a direct Roman Catholic; nay, they spare
not to tax him with personal faults. But howsoever, this I am sure of,
since my coming here, he hath proved a faithful servant to you; and I
am confident will be of greater use, when your Majesty shall take arms
in your hand.

The Earl of Argyle is the only man now called up as a true patriot, a
loyal subject, a faithful counsellor, and above all, rightly set for
the preservation of the purity of religion. And truly, Sir, he takes it
upon him. He must be well looked to; for it fears me, he will prove the
dangerousest man in this State. He is so far from favouring episcopal
government, that with all his soul he wishes it totally abolished. What
course to advise you to take with him, for the present, I cannot say;
but remit it to your Majesty’s serious consideration. The information
which you have had from Antrim, the most part of it I take to be true.

Perth hath been taxed to be a Roman Catholic; but I find him none. A
loyal heart he hath, but no great politician, nor of much power out of
the Highlands, and should be encouraged, because he may contribute to
the curbing of Argyle.

Tullibardin, I take him to be honest; your Majesty knoweth his
abilities. He is a true hater of Argyle.

Wigton, thanks be to God, hath no great power, for if he had it, it
would be employed the wrong way. Sorry I am for it, his ancestors have
been so dear friends to mine.

Kinghorn, I am grieved for his weakness. A good man he is, but totally
misled by his brother Albar, who will succeed in his place, he having
no children. Too near of kindred he is to me.

Haddington has too much the humour of these times; but he hath oft
sworn to me, he will never ask what your quarrel is; yet few of his
friends I fear will go along with him in it, in defence of episcopacy.

As for Lauderdale, he is a man of no great power; but he is truly
honest, and most rightly set in all that concerneth your service.

Southesk hath, beyond all expectation, shewn himself forwardly stout
in all that hath concerned your service, ever since my coming first
to this country. He is a man of great power, rich, and was extremely
beloved; but now as much hated. He doth deserve your Majesty’s favour,
on my word; and, if not for one consideration, none were fitter to be
Chancellor, which I shall advise your Majesty not to dispose of till
these troubles be past.

Kinnoul, for his part, hath shewn himself both true and forward in all
your service; in whom your Majesty may have confidence, according to
his power.

Finlater, according to his power, hath done his part, as I hear by the
Marquis of Huntley.

Linlithgow, if his power were according to his affection, he would be
useful to you.

I must not forget Dalzell, who both is of power to serve you, and has
most faithfully done it.

As for the rest of the Council, they are either of no power to serve
you in this time, or totally set the covenanters way. For brevity I
pass them by, and have sent a list of the whole Counsellors names.

If the Justice Clerk[123] were not so near me as he is, I would say
more of him than now I will; yet pardon me for saying, an honester soul
lives not.

The Advocate[124] should be removed, for he is ill disposed. I know
none so fit for his place as Sir Lewis Stewart. My Lord Treasurer’s
friend he is; Sir Thomas Nicolson being no ways to be trusted in what
may concern the affairs of the church.

Now, for the Covenanters, I shall only say this in general, they may
all be placed in one roll as they now stand. But certainly, Sir, those
that have both broached the business, and still hold it aloft, are
Rothes, Balmerino, Lindsay, Lothian, Loudoun, Yester, Cranstoun. There
are many others as forward in show; amongst whom none more vainly
foolish than Montrose. But the above mentioned are the main contrivers.

The gentry, boroughs, and ministers have their ringleaders too. It
will be too long to set down all their names. Those who I conceive to
be most inclined, the Clerk Register (who is a faithful servant to the
Crown) if I miscarry, will give you information of them; yet, I fear
him, poor man, more than myself. But they are obvious and known to all.

This is all that I will say concerning the persons of the men in this
kingdom; wishing, Sir, with my heart, those whom I misdoubt, I may be
deceived by their future carriage, and that their loyalty may appear,
which will blot out of your Majesty’s memory what my duty and fidelity
to you has caused me to write thus of them.

It is more than probable, that these people have somewhat else in their
thoughts than religion. But that must serve for a cloak to rebellion,
wherein for a time they may prevail; but, to make them miserable, and
bring them again to a dutiful obedience, I am confident your Majesty
will not find it a work of long time, nor of great difficulty, as they
have foolishly fancied to themselves. The way to effect which, in my
opinion, is briefly thus.

Their greatest strength consists in the boroughs: and their being
is by trade; whereof, a few ships of your Majesty’s, well disposed,
will easily bar them. Their chiefest trade is in the eastern Seas and
to Holland, with coal and salt, and importing of victual, and other
commodities from thence; whereof if they be but one year stopped, an
age cannot recover them; yet so blinded they are, that this they will
not see. This alone, without farther charge to your Majesty, your
frontiers being well guarded, will work your end. This care should be
taken, that when particular boroughs can be made sensible of their past
errours, and willing to return to their allegiance, they be not only
then not barred from trade, but received into your Majesty’s favour and
protection.

In my opinion, your ships would be best ordered thus, eight or ten to
lie in the Firth. There should be some three or four plying to and
again betwixt the Firth and Aberdeen, so long as the season of the year
will permit them to keep the seas; and when they are not longer able,
they may retire into the Firth; in which there are several places in
which they may ride in all weathers.

Those ships that lie in the Irish seas, will be sufficient to bar all
trade from the west of Scotland. The fittingest places are between
Arran and the coast of Galloway. When the weather is foul, there is an
excellent road in Galloway called Lochyen; and another in Arran called
Lamlash, or the Holy Island; where they may ride in safety. This is all
I shall say concerning the barring them of trade.

This will certainly so irritate them, as all those who within this
country stand for your Majesty, will be in great and imminent danger.
The best way, that for the present I can think on to secure them, and
to make some head for your Majesty, is, to appoint the Marquis of
Huntley in the north, your Majesty’s Lieutenant; with full power to him
to raise such and so many men, as he shall think convenient for the
defence of the country. By this means, there being a head, those that
are in the north will know to whom to repair; and there is no doubt but
in those parts they will do well enough.

For those that are besouth the river Forth, I apprehend their danger
most; and I would advise that there were lieutenants likewise
appointed, to whom they might repair. Necessity will force your Majesty
upon one of two, either Traquair or Roxburgh; or, indeed, both, for
they may both have commissions. They may be well furnished with arms,
and other things necessary, from England, by land, both their fortunes
being near adjacent to Northumberland; and though I fear they will not
be able to make a body of an army, yet necessary it is that lieutenants
should be, and I know none so fit as these in those parts; for I will
never think they have traiterous hearts.

Certainly necessary it is for the government of this kingdom, that a
commissioner or deputy should be in it. For experience hath taught me,
that your Majesty will never be well served by your council, unless
there be some one or other amongst them on whom the chief care must
lie. If your Majesty do not first settle the country, and reclaim
it, whosoever you shall employ, will never be able to do any thing.
Therefore that should be done, before any new commission be given; and
even then, where you will find a man, I cannot possibly say, unless
your Majesty send the Duke of Lenox. As for the Marquis of Huntley,
certainly he may be trusted by you; but whether fitly or no, I cannot
say. If I keep my life (though next Hell I hate this place), if you
think me worthy of employment, I shall not weary till the government be
again set right; and then I will forswear this country.

As for your Majesty’s castle of Edinburgh, it was a most shameful thing
it should have been so neglected. I cannot promise that it shall be
defended, yet I hope they shall not take it, but by an hostile act.
Some few men I have stolen in, but as yet cannot get one musket put
there, nor one yard of match. I have trusted, for a time, the same man
that was in it, and perhaps your Majesty will think this strange that I
have done so; yet necessity forced me to it. For thither Ruthven would
not go, without arms and ammunition; and indeed he is not to be blamed
therefore; but, Sir, I have that in working, that, if I can accomplish,
may for a time secure that place. And for my trusting that man, I can
only say this, that if he deceive me, we were in no worse condition
than when it was in Lord Marr’s hands; safe only, for the giving him
2000l. which, if lost by the default of him whom I have trusted, your
Majesty shall not be burthened by the payment of this money, for I
deserve to lose it for my confidence. He is no Covenanter, and hath
solemnly sworn to me, to lose his life before he quit it.

As for Dunbritton, the way is easy to put as many men there as you
please, with victual and ammunition; from Ireland they must come, and
at the castle they must land; 100 men will be sufficient, provided with
ammunition and victual for three months; and the sooner this be done
the better.

Thus, Sir, your Majesty hath the humble opinion of what I conceive of
the affairs of the kingdom. What I have said, I humbly submit to your
Majesty.

I have now only this one suit to your Majesty, that if my sons live,
they may be bred in England, and made happy by service in the court;
and if they prove not loyal to the crown, my curse be on them.

I wish my daughters be never married in Scotland. I humbly recommend my
brother to your favour.

Thus, with my hearty prayers to God, that he will bless you with a long
and happy life, and crown all your intentions with a wished success;
which I hope to live and see effected, notwithstanding of all the
threats that is used to

Your Majesty’s, &c.

HAMILTON.

  Glasgow,
  27th November, 1638.

       *       *       *       *       *


1638.—November.

97. _The Supplication and humble Remonstrance of the Ministers of the
Church of Scotland, presented to his Majesties High Commissioner and
Generall Assemblie held at Glasgow in November, 1638._[125]

MAY IT PLEASE YOUR GRACE,

And you right Noble, Right Worshipfull, and you most Reverend brethren,
conveened by his Majeties Proclamation in this venerable nationall
Assembly, to consult upon the most convenient wayes, and to enact such
Ecclesiasticall Lawes, as to your wisdomes seemes most expedient, for
preserving of peace and truth in this Church, for which ends wee from
the bottome of our hearts (as feeling members of the same) earnestly
intreat him, who hath promised to be with his owne to the end of
the world, by his spirit and grace, so to direct and assist your
wisedomes, that by this long expected meeting, glory may redound to
his ever glorious Name, and peace to this rent Church, which all the
members thereof, with most earnest wishes, expect at your hands. For
the present, we thought it our duty, as those whom it doth most clearly
concerne (our great Shepheard having committed to our charge a part of
that Flock which he hath redeemed with his precious bloud) to present
unto you our just feares which arise from the sudden incroaching of
the Laick (now called Ruling) Elders, in divers Presbyteries of this
Kingdome, having chiefe hand in chusing of Commissioners there, lest
they, with Commissioners thus elected, may bring upon the neck of the
Ministery and Church here, the heavie yoke of overruling Elders in all
times comming, to the no small hurt of us and our successors in the
Gospel, except timely remedy be provided.

Our humble supplication therefore to your Grace, and Members of this
present Assembly, is, that all these Commissioners thus chosen by the
voyce of Laick Elders, and in whose Commissions they have had hand,
may be removed, as men to whose voyces and judgements we cannot submit
our selves in matter of Church government, for the just feares above
exprest, they being justly suspect Judges not to be admitted, and
their elections and Commissions void for reasons following: First,
there is no Law in this Kingdome whereby Laick Elders have any voyce
in chusing Commissioners to Generall Assemblies; the chusers therefore
having no legall power to elect, those that are chosen by such, can
have no place nor voyce in this Assembly. Secondly, albeit there have
beene heretofore, and before Churches were fully planted, a custome
that Laick-Elders did sit in Presbyteries, yet that custome hath beene
these 35. yeeres by-past, universally (and above forty yeeres in most
Presbyteries) interrupted; which prescription is sufficient to make
voyd any such custome: so that it can to no sufficient warrant for them
to sit and voyce in Presbyteries now, much lesse to intrude themselves
(as they have done in many Presbyteries) contrarie to the minds and
publicke protestation of the Ministerie. Thirdly, when Laick-Elders
had place in Presbyteries, yet it was ordained that the voyces should
not be equall in number, with the voyces of the Ministerie, as is to
be seene in the ____________ booke of discipline ____________ Chapter.
But in this election, their number were not onely equall, but in most
parts more, because out of every Parish there was a Laick-Elder, and
so at least equall in number; and in election of these Commissioners,
against whose election we except, there was put upon the list six in
some places, and in others foure of the Ministers, who being removed,
in their absence the choyce was made when the Laick-Elders by six or
foure at the least exceeded the Ministers in number of voyces, yea in
some Presbyteries the Laick-Elders were twice so many in number; so
that these Commissioners are mainly chosen by the Laitie, and not by
the Ministers, neither can wee acknowledge them for ours. Fourthly,
these Laick-Elders did of old onely assist in Discipline, not medling
with points of Doctrine (suffering the spirit of the Prophets to be
subject to the Prophets, according to the Apostolicall rule;) but
now they intrude themselves to sit and voice in the Presbyteries in
matters of Doctrine, and have given Commission to those whom we except
against, to voyce in this venerable Assembly, in Doctrine as well as
in matters of Discipline; which Commissions are null, as proceeding _à
non habente potestatem_. For these and other most weighty causes, the
election of such Commissioners, and their place in this Assembly being
so dangerous to the Church, threaten the same with the most intolerable
yoak of bondage to be laid upon the neck of the Presbyteries by Laick
over-ruling-Elders, to the prejudice of the liberties of the said
Presbyteries, and whole Discipline of this Church. We could not,
out of conscience to God, our callings, and flocks, but make humble
remonstrance of the same to your Grace and members of this grave
Assembly: withall protesting, both in our own names, and in name of all
the Ministerie and body of this Church that will adhere to this present
supplication, that all sentences, conclusions, Canons, Statutes, and
Ordinances, which shall be made in that Assembly wherein the foresaid
Commissioners shall have determinative voyce, to be voyd, null, and
of no effect to oblige us or any of us to the obedience of the same:
But if this our just supplication be not admitted (which we hope and
earnestly pray may be graciously accepted) then this our protestation
may be of force against such Lawes and proceedings that may follow
thereupon. Thus hoping for your charitable construction of this our
necessarie duty in so eminent a danger of the Church, and humbly
intreating these presents may be put upon Record, We rest.

       *       *       *       *       *


1638.—November 29.

98, 99. _Speech of Hamilton at dissolving the Assembly, and his Reply
to Moderator._[126]

I find this day great contrarieties of Humours in my self, first, cause
of Joy; next, cause of Sorrow: cause of Joy, in making good what hath
been promised by His Majesty; cause of Sorrow, in that I cannot make
further known his Majesties Pious Intentions.

You have called for a Free General Assembly: His Majesty hath granted
you one, most Free on his part, and in his intentions; but as you have
handled and marred the matter, let God and the World judge, whether
the least shadow or footstep of Freedom can be discerned in this
Assembly, by any man who hath not given a Bill of Divorce both to his
Understanding and Conscience. With what wresting and wringing your
last Protestation charges His Majesties last Gracious Proclamation in
the point of Prelimitations, is both known and misliked by many even
of your own pretended Covenant; but whether your Courses, especially
in the Elections of the Members of this Assembly, be not onely
Prelimitations of it, but strong Bars against the Freedom of it, nay
utterly destructive both of the Name and Nature of a Free Assembly,
and unavoidably inducing upon it many and main Nullities, will be made
manifest to the whole World.

But his Majesties Sincere Intentions being to perform in a lawful
Assembly all he hath promised in his Gracious Proclamation, if you
find out a way how these things may pass, and be performed even in
this Assembly, such as it is, and yet His Majesty not made to approve
any way the Illegalities and Nullities of it, for satisfying all His
Majesties good Subjects of the Reality of his Meaning; I am by His
Majesties special Command ready to doe it, and content to advise with
you how it may be done.

[And after this he caused read his Majesties Concessions, as they
had been before proclaimed: upon which he took instruments, that by
producing and signing of them, first his Majesties Intentions were
made known: next, that in the producing and delivering of them, the
Lawfullness of the Assembly was not acknowledged. After that he went
on, and discoursed against the Constitution of the Assembly in the
following words,]

But now I am sorry I can go on with you no more, for the sad part is
yet behind, about Ruling-elders; for neither Ruling-elders, nor any
Minister chosen Commissioner by Ruling-elders, can have voice here,
because no such election is warranted, either by the Laws of this
Church or Kingdom, or by the practice or custom of either: for even
that little which appeareth to make for those Elders in the Book of
Discipline, hath at this time been broken by you, there being more
Lay-elders giving votes at every one of those Elections, than there
were Ministers, contrary to the Book of Discipline; as in Lanerick
but eight Ministers and eighteen or nineteen Lay-elders; and so in
divers other Presbyteries: and in every Presbytery, when the Ministers
upon the List were removed, the remaining Elders exceeded far the
remaining Ministers. But say there were Law for those Lay-elders, the
interruption of the execution of that Law, for above 40 years, makes so
strong a Prescription against it, that without a new reviving of that
Law by some new Order from the General Assembly, it ought not again be
put in practice; for if His Majesty should put in practice, and take
the Penalties of any disused Laws without new intimations of them from
Authority, it would be thought by your selves very hard dealing.

To say nothing of that Office of Lay-elders, it being unknown to the
Scripture or Church of Christ for above 1500 years, let the World
judge whether those Laymen be fit to give Votes in inflicting the
Censures of the Church, especially that great and highest Censure of
Excommunication, none having power to cast out of the Church by that
Censure, but those who have power to admit into the Church by Baptism:
and whether all the Lay-elders here present at this Assembly be fit
to judge of the high and deep Mysteries of Predestination, of the
Universality of Redemption, of the Sufficiency of Grace given, or not
given to all men, of the Resistibility of Grace, of total and final
Perseverance, or Apostasie of the Saints, of the Antilapsarian or
Postlapsarian Opinion, of Election and Reprobation; all which they mean
to ventilate, if they do determine against the Arminian, as they give
out they will.

In many Presbyteries these Lay-elders disagreed in their Elections
wholly, or for the most part, from the Ministers, and carried it from
them by number of Votes, though in all reason the Ministers themselves
should best know the abilities and fitness of their Brethren: and this
was done in the Presbyteries of Chirnside, Linlithgow, Aberdeen, and
divers more.

How can these men now elected be thought fit to be Ruling-elders, who
were never Elders before, all or most part of them being chosen since
the Indiction of the Assembly, some of them but the very day before the
Election of their Commissioners; which demonstrates plainly that they
were chosen onely to serve their Associates turn at this Assembly?

Since the Institution of Lay-elders by your own Principles is to watch
over the Manners of the People in the Parish in which they live, how
can any man be chosen a Ruling-elder from a Presbytery, who is not an
inhabitant within any Parish of that Presbytery, as hath been done in
divers Elections, against all Law, Sense, or Reason?

By what Law or Practice was it ever heard, that young Noblemen, or
Gentlemen, or others, should be chosen Rulers of the Church, being yet
Minors, and in all Construction of Law thought unfit to manage their
own private Estates, unless you will grant that men of meaner Abilities
may be thought fit to rule the Church, which is the House of God, than
are fit to rule their own private Houses, Families, and Fortunes?

By what Law can any Ruling-elder be sent to a Presbytery to Vote in
anything, especially in chusing Commissioners for the General Assembly,
who is not chosen for that purpose by the Session of that Parish in
which he is a Ruling-elder? And who gave power to the Minister of
every Parish, to bring with him to the Presbytery for that purpose any
Ruling-elder of his Parish whom he pleased?

But it is well-known, that divers Elders gave Votes in these
Presbyteries to the Elections of some Commissioners here, who were not
chosen by the Sessions of their several Parishes to give Votes in those
Presbyteries; and therefore such Commissioners as were chosen by such
Lay-elders can have no Vote here.

By what Law or Practice have the several Parishes or Presbyteries
chosen Assessors to their Ruling-elders, without whose consent some of
the Commissioners here present are sworn not to vote to any thing?

This introducing of Ruling-elders is a burthen so grievous to the
Brethren of the Ministry, that many of the Presbyteries have protested
against it for the time to come, some for the present, as shall appear
by divers Protestations and Supplications ready to be here exhibited.

For the Ministers chosen Commissioners hither, besides that the fittest
are passed by, and some chosen who were never Commissioners of any
Assembly before, that so they might not stand for their own Liberty in
an Assembly of the nature whereof they are utterly ignorant, choice
hath been also made of some who are under the Censure of the Church,
of some who are deprived by the Church, of some who have been banished
and put out of the University of Glasgow, for teaching their Scholars
that Monarchies were unlawful, some banished out of this Kingdom for
their Seditious Sermons and Behaviour, and some for the like Offences
banished out of another of His Majesties Kingdoms, Ireland, some
lying under the fearful Sentence of Excommunication, some having no
Ordination nor Imposition of Hands, some admitted to the Ministry
contrary to the standing Laws of this Church and Kingdom, all of them
chosen by Lay-elders; what a Scandal were it to the Reformed Churches
to allow this to be a lawful Assembly, consisting of such Members, and
so unlawfully chosen?

Of this Assembly divers who are chosen are at the Horn, and so by
the Laws of this Kingdom are uncapable of sitting as Judges in any
Judicatory.

Three Oaths are to be administered to every Member of this Assembly,
the Oath for the Confession of Faith, lately renewed by His Majesties
Commandment, the Oaths of Allegeance and Supremacy; and whosoever
shall refuse any of these, cannot be a Judge in any Judicatory of this
Kingdom: and therefore resolve presently whether you will take them or
not.

You have cited the Reverend Prelats of this land to appear before
you by a way unheard-of, not only in this Kingdom, but in the whole
Christian World, their Citations being read in the Pulpits, which
is not usual in this Church; nay, and many of them were read in the
Pulpits after they had been delivered into the Bishops own hands.
How can His Majesty deny unto them, being His Subjects, the benefit
of His Laws, in declining all those to be their Judges, who by their
Covenant do hold the principal thing in question, to wit, Episcopacy
to be abjured, as many of you do? or any of you to be their Judges,
who do adhere to your last Protestation, wherein you declare, that it
is an Office not known to this Kingdom, although at this present it
stand established both by Acts of Parliaments, and Acts of General
Assemblies? Who ever heard of such Judges as have sworn themselves
Parties? And if it shall be objected, that the Orthodox Bishops in
the first four and other General Councils could not be denied to be
competent Judges of the Hereticks, though beforehand they had declared
their Judgments against their Heresies: it is easily answered, that
in matters of Heresie no man must be patient, since in Fundamental
points of Faith a man cannot be indifferent without the hazard of his
Salvation, and therefore must declare himself to be on Christs side,
or else he is against him; but in matters of Church-government and
Policy, which by the Judgment of this Church in the 21ᵗʰ Article of our
Confession is alterable at the will of the Church, it is not necessary
for any man who means to be a Judge, to declare himself, especially
against that Government which stands established by Law at the time of
his Declaration, being not onely not necessary, but likewise not lawful
for him at that time so to doe; now this Declaration all you who adhere
to the last Protestation have made, even since you meaned to be the
Bishops Judges. Besides, even those Orthodox Fathers never did declare
themselves against the Hereticks, their Persons or Callings, by Oaths
and Protestations, as you have done; for that had been a prejudging in
them, and this prejudging in you makes you now to be incompetent Judges.

Upon the whole matter then there are but two things left for me to
say: first, you your selves have so proceeded in the business of this
Assembly that it is impossible the fruits so much wished and prayed
for can be obtained in it; because standing as it does, it will make
this Church ridiculous to all the Adversaries of our Religion, it
will grieve and wound all our Neighbour Reformed Churches who hear of
it; it will make His Majesties Justice to be traduced throughout the
whole Christian World, if he should suffer His Subjects in that which
concerns their Callings, their Reputations and their Fortunes, to be
judged by their sworn Enemies. If therefore you will dissolve your
selves, and amend all these errours in a new Election, I will with all
convenient speed address my self to His Majesty, and use the utmost
of my Intercession with His Sacred Majesty for the Indiction of a new
Assembly, before the meeting whereof all these things now challenged
may be amended: if you shall refuse this Offer, His Majesty will then
declare to the whole World, that you are disturbers of the Peace of
this Church and State, both by introducing of Lay-elders against the
Laws and Practices of this Church and Kingdom, and by going about to
abolish Episcopal Government, which at this present stands established
by both the said Laws: two points (I daresay) and you must swear it, if
your Consciences be appealed to, (as was well observed by that Reverend
Gentleman we heard preach the last Sunday) which these you drew into
your Covenant were never made acquainted with at their entering into
it; much less could they suspect, that these two should be made the
issue of this business, and the two stumbling-blocks to make them fall
off from their Natural Obedience to their Soveraign.


_The Commissioner’s Reply to the Moderator._[127]

As for your pretence of your unlimited Freedom, you indeed refused
so much as to hear from His Majesties Commissioner, of any precedent
Treaty for the preparing and right-ordering of things before the
Assembly; alledging, that it could not be a free Assembly where there
was any Prelimitation either of the Choosers, or of those to be chosen,
or of things to be treated of in the Assembly, but that all things
must be discussed upon the place, else the Assembly could not be free:
but whether you your selves have not violated that which you call
Freedom, let any man judge; for besides these Instructions, which it
may be are not come to our knowledge, we have seen, and offer now to
produce, four several Papers of Instructions sent from them, (whom
you call the Tables) containing all of them Prelimitations, and such
as are not onely repugnant to that which you call the Freedom, but to
that which is indeed the Freedom of an Assembly. Two of these Papers
were such as you were contented should be communicated to all your
Associates, to wit, that larger Paper sent abroad to all Presbyteries,
immediately after His Majesties Indiction of the Assembly, and that
lesser Paper for your meeting first at Edinburgh, then at Glasgow,
some days before the Assembly; which Paper gave order for chusing of
Assessors, and divers other particulars: but your other two Papers of
Secret Instructions were directed, one of them onely to one Minister of
every Presbytery, to be communicated by him as he should see cause, but
to be quite concealed from the rest of the Ministers; the other Paper
was directed onely to one Lay-elder of every Presbytery, and to be
communicated by him as he should see cause, but to be quite concealed
from all others: in both which Papers are contained such Directions,
which being followed, as they were, have quite banished all Freedom
from this Assembly; as shall appear by reading the Papers themselves.

[These he caused read, but they were disowned by the Members of the
Assembly; and they said, they might have been the private Opinions of
some, but did infer no Prelimitation on the Assembly: to which the
Marquis answered]—

That all the Elections being ordered according to these, was a clear
proof, they were sent by an Authority which all feared to disobey. And
after that he told, That for many moneths the Orders of the Table had
been obeyed by all; but he would now make a trial what Obedience they
would give to the Kings Command: and protested, that one of the chief
Reasons that moved him to dissolve this Assembly, was to deliver the
Ministers from the Tyranny of Lay-elders, who (if not suppressed) would
(as they were now designing the ruine of Episcopal Power) prove not
onely Ruling, but Over-ruling-elders.

       *       *       *       *       *


1638.—November 29.

100. _Royal Proclamation anent the Assembly._[128]

CHARLES by the grace of God, King of Scotland, England, France,
and Ireland, Defender of the Faith. To Our Lovits _____________
__________________ Heraulds, Pursevants, Our Sheriffes in that part
conjunctly & severally specially constitute, greeting. Forsameikle
as out of the royall & fatherly care which We have had of the good &
peace of this Our ancient and native Kingdome, having taken to Our
serious consideration all such things as might have given contentment
to Our good & loyall subjects: And to this end had discharged by Our
Proclamation the Service Booke, Booke of Canons, and high Commission,
freed and liberate all men from the practising of the five Articles,
made all Our subjects both ecclesiasticall & civill liable to the
censure of Parliament, generall Assembly, or any other Iudicatorie
competent, according to the nature and qualitie of the offence; and
for the free entrie of Ministers, that no other oath be administrate
unto them then that which is contained in the Act of Parliament: had
declared all by-gone disorders absolutely forgotten & forgiven: and
for the more full and cleare extirpating all ground & occasion of
feares of innovation of Religion, We had commanded the confession of
faith, and band for maintenance thereof, and of authoritie in defence
of the same, subscribed by Our deare Father, and his household, in
anno 1580. to bee renewed and subscribed againe by Our subjects here:
Likeas for settling of a perfect peace in the Church and Commonwealth
of this Kingdome, We caused indict a free generall Assembly to bee
holden at Glasgow the 21. of this instant, and thereafter a Parliament
in May 1639. By which clement dealing, We looked assuredly to have
reduced Our subjects to their former quiet behaviour & dutifull
carriage, whereto they are bound by the Word of God, and Lawes both
nationall and municipall, to Us their native and Soveraigne Prince.
And albeit the wished effects did not follow, but by the contrary, by
Our so gracious procedure they were rather emboldened, not onely to
continue in their stubborne and unlawfull waies, but also daily adde to
their former procedures acts of neglect, & contempt of authority, as
evidently appeared by open opposing of Our just & religious pleasure
and command, exprest in Our last Proclamation anent the discharge of
the Service Booke, Booke of Canons, high Commission, &c. protesting
against the same, and striving by many indirect meanes to withdraw the
hearts of Our good people, not onely from a hearty acknowledgement of
Our gracious dealing with them, but also from the due obedience to
those Our just and religious commands, notwithstanding We had been
formerly so oft petitioned by themselves for the same. By their daily
and hourely guarding and watching about Our Castle of Edinburgh,
suffering nothing to be imported therein, but at their discretion, And
openly stopping and impeding any importation of ammunition, or other
necessaries whatsoever to any other of Our houses within that Kingdome:
Denying to Us their Soveraign Lord that libertie and freedome, which
the meanest of them assume to themselves, (an act without precedent or
example in the Christian world,) By making of Convocations and Councell
Tables of Nobility, Gentry, Burrowes and Ministers within the Citie
of Edinburgh, where not regarding the Lawes of the Kingdome, they,
without warrant of authoritie, conveene, assemble, and treat upon
matters, as well ecclesiasticall as civill, send their injunctions and
directions throughout the country to their subordinate Tables, and
other under-ministers appointed by them for that effect. And under
colour & pretext of religion exercing an unwarranted & unbounded
libertie, require obedience to their illegall and unlawfull procedures
and directions, to the great & seen prejudice of Authority, and lawfull
Monarchicall government. And notwithstanding it was evidently manifest
by the illegall & unformall course taken in the election of their
Commissioners for the Assembly, whereof some are under the censure of
this Church, some under the censure of the Church of Ireland, and some
long since banished for open and avowed teaching against Monarchie,
others of them suspended, and some admitted to the Ministerie contrary
to the forme prescribed by the Lawes of this Kingdome, others of
them a long time since denounced Rebels and put to the Horne, who by
all law and unviolable custome and practique of this Kingdome, are,
and ever have been incapable, either to pursue, or defend before any
Iudicatorie, far lesse to be Iudges themselves: some of them confined,
and all of them by oath and subscription bound to the overthrow of
Episcopacie. And by this and other their under-hand working, and
private informations and perswasions, have given just ground of
suspicion of their partiality herein, & so made themselves unfit Iudges
of what concerneth Episcopacie. And also it was sufficiently cleared
by the peremptorie and illegall procedures of the Presbyteries, who
at their own hand by order of law, & without due forme of processe,
thrust out the Moderatours lawfully established, & placed others, whom
they found most inclinable to their turbulent humours; associate to
themselves for the choosing of the said Comissioners for the Assembly,
a Laick-Elder out of each Paroch, who being in most places equall,
if not moe in number then the Ministerie, made choice both of the
Ministers, who should be Commissioners from the Presbyteries, as also
of a Ruling-Elder; being directed more therein by the warrants from the
foresaid pretended Tables, then by their owne judgements, as appeares
by the severall private instructions sent from them, farre contrary
to the Lawes of the Countrey, and lowable custome of the Church: by
which doings it is too manifest, that no calme nor peaceable procedure
or course could have been expected from this Assembly, for settling
of the present disorders and distractions: Yet We were pleased herein
in some sort to blindfold Our own judgement, and overlooke the said
disorders, and patiently to attend the meeting of the said Assembly,
still hoping that when they were met together, by Our Commissioner
his presence, and assistance of such other well disposed subjects who
were to be there, and by their owne seeing the reall performance of
all that was promised by Our last Proclamation, they should have been
induced to returne to their due obedience of subjects: But perceiving
that their seditious disposition still increases, by their repairing
to the said Assembly with great bands and troupes of men, all boddin
in feare of warre, with guns and pistolets, contrary to the lawes of
this Kingdome, custome observed in all Assemblies, and in high contempt
of Our last Proclamation at Edinburgh the 16. of this instant: As
also by their peremptory refusing of Our Assessors, authorized by Vs
(although fewer in number then Our dearest Father was in use to have at
divers Assemblies) the power of voting in this Assembly, as formerly
they have done in other Assemblies; and by their partiall, unjust,
and unchristian refusing, and not suffering to be read the reasons
and arguments given in by the Bishops, and their adherents, to Our
Commissioner, why the Assembly ought not to proceed to the election of
a Moderatour without them, neither yet to the admitting of any of the
Commissions of the saids Commissioners from Presbyteries, before they
were heard object against the same, though earnestly required by our
Commissioner in our name. And notwithstanding that our Commissioner
under his hand, by warrant from us, gave in a sufficient declaration
of all that was contained in our late proclamation and declaration,
the same bearing likewise our pleasure of the registration of the same
in the books of assembly for the full assurance of the true religion
to all our good subjects; And yet not resting satisfied therewith,
lest the continuance of their meeting together might produce other the
like dangerous acts, derogatory to royall authoritie, we have thought
good, for preveening thereof, and for the whole causes and reasons
above-mentioned, and divers others importing the true monarchicall
government of this estate, to dissolve and breake up the said Assembly.
And therefore OVR will is, and we doe discharge and inhibit all and
whatsoever pretended Commissioners, and other members of the said
pretended assembly, of all further meeting and conveening, treating and
concluding any thing belonging to the said assembly, under the pain of
treason, declaring all and whatsoever that they shall happen to doe in
any pretended meeting thereafter, to be null, of no strength, force nor
effect, with all that may follow thereupon: Prohibiting and discharging
all our lieges to give obedience thereto, and declaring them, and every
one of them, free and exempt from the same, and of all hazzard that
may ensue for not obeying thereof. And for this effect we command and
charge all the foresaids pretended commissioners, and other members of
the said assembly, to depart forth of this city of Glasgow, within the
space of xxiiii houres after the publication hereof, and to repair home
to their own houses, or that they goe about their own private affaires
in a quiet manner. With speciall provision alwayes, that the foresaid
declaration, given in under our Commissioners hand, with all therein
contained, shall notwithstanding hereof, stand full, firm and sure to
all our good subjects in all time coming, for the full assurance to
them of the true religion. And our will is, and we command and charge,
that incontinent these our letters seen, ye passe, and make publication
hereof by open proclamation at the market crosse of Glasgow, and other
places needfull, wherethrough none pretend ignorance of the same. Given
under our signet at Glasgow the 29. of November, and of our reign the
fourteenth year. 1638.

  _Sic Subscribitur._

  HAMILTOUN,
  Traquaire, Roxburgh, Murray, Linlithgow,
  Perth, Kingorne, Tullibardin, Hadingtoun, Galloway,
  Annandaill, Lauderdaill, Kinnoull, Dumfreis,
  Southesk, Belhaven, Angus, Dalyell, J.
  Hay, W. Elphinstoun, Ja. Carmichael, J. Hamiltoun.

       *       *       *       *       *


1638.—November 28 and 29.

101. _The Protestation of the generall Assembly of the Church of
Scotland, &c. Made in the high Kirk, and at the Market Crosse of
Glasgow, Novemb. 28. and 29. An. 1638._[129]

Wee Commissioners from Presbyteries, Burghes, and Vniversities, now
conveened in a full and free Assembly of the Church of Scotland,
indicted by his Majestie, and gathered together in the Name of the
Lord Jesus Christ the only Head, and Monarch of his own Church, And
we Noblemen, Barons, Gentlemen, Ministers, Burgesses and Commons,
Subscribers of the Confession of Faith, Make it knowne that where We
His Majesties loyall Subjects of all degrees, considering and taking
to heart the many and great innovations and corruptions lately by the
Prelates and their adherents intruded into the doctrine, worship, and
discipline of this Church, which had been before in great purity to our
unspeakable comfort established amongst us, were moved to present many
earnest desires and humble supplications to his sacred Majestie, for
granting a free generall Assemblie, as the only legall and ready meane
to try these innovations, to purge out the corruptions, and settle
the order of the church, for the good of Religion, the honour of the
King, and the comfort and peace of the Kirk and Kingdome: It pleased
his gracious Majestie, out of his Royall bountie, to direct unto this
Kingdome, the Noble and Potent Lord, James Marques of Hammiltoun,
with Commission to hear and redresse the just grievances of the good
Subjects, who by many petitions, and frequent conferences, being fully
informed of the absolute necessity of a free generall Assemblie, as the
only Iudicatorie which had power to remedie those evils, was pleased
to undergoe the paines of a voyage to England, for presenting the
pittifull condition of our Church to his sacred Majestie; And the said
Commissioner his Grace returned againe in August last, with power to
indict an Assemblie, but with the condition of such limitations, as did
both destroy the freedome of an Assembly, and could no wayes cure the
present diseases of this Church; which was made so clearly apparent to
his Grace, that for satisfying the reasonable desire of the Subiects,
groaning under the wearinesse and prejudices of longsome attendance.
He was againe pleased to undertake another journey to his Majestie,
and promised to indeavour to obtain a free Generall Assemblie, without
any prelimitation, either of the constitution and members, or matters
to be treated, or manner, and order of proceeding; so that if any
question should arise concerning these particulars, the same should be
cognosced, judged, and determined by the Assembly, as the onely Iudge
competent: And accordingly by warrant from our Sacred Soveraigne,
returned to this Kingdome, and in September last, caused indict a
free Generall Assemblie to be holden at Glasgow, the 21. of November
instant, to the unspeakable ioy of all good Subiects and Christian
hearts, who thereby did expect the perfect satisfaction of their long
expectations; and the finall remedie of their pressing grievances: But
these hopes were soone blasted: for albeit the Assemblie did meet and
begin at the appointed day, and hath hitherto continued, still assisted
with His Graces personall presence, yet His Grace hath never allowed
any freedome to the Assemblie, competent to it by the Word of God, acts
and practices of this Church, and his Majesties Indiction, but hath
laboured to restraine the same, by protesting against all the acts made
therein, and against the constitution thereof by such members, as by
all law reason and custome of this Church were ever admitted in our
free Assemblies, and by denying his approbation to the things proponed
and concluded, though most cleare, customable, and uncontraverted.

And now since his Grace after the presenting and reading of his owne
commission from our sacred Soveraigne, and after his seeing all our
commissions from Presbyteries and Burghes produced and examined, and
the Assembly constitute of all the members by unanimous consent, doth
now to our greater griefe, without any just cause or occasion offered
by us, unexpectedly depart and discharge any further meeting, or
proceeding in this assemblie, under the paine of treason: and after
seven dayes sitting, declare all Acts made, or hereafter to be made
in this Assemblie, to be of no force nor strength; and that for such
causes as are either expressed in his Maiesties former proclamations,
(and so are answered in our former protestations) or set downe in
the declinatour and protestation presented in name of the Prelats,
(which are fully cleared in our answer made thereto) or else were long
since proponed by the Commissioner his Grace in his eleven articles
or demands sent unto us, before the indiction of the Assembly (and
so were satisfied by our answers, which his Grace acknowledged, by
promising after the recept thereof to procure a free generall Assembly,
with power to determine upon all questions, anent the members, manner,
and matters thereof) all which for avoiding tediousnesse we cease to
repeat: Or otherwise the said causes alleadged by the Commissioner,
were proponed by His Grace, in the Assemblie; such as first, that the
Assemblie refused to reade the Declinatour and Protestation exhibited
by the Prelats, which neverthelesse was publickly read and considered
by the assemblie, immediately after the election of a Moderatour and
constitution of the Members, before the which, there was no assemblie
established, to whom the same could have been read: Next, that ruling
Elders were permitted to have voice in the election of commissioners
from Presbyteries, which was knowne to His Grace, before the indiction
and meeting of the assembly, and is so agreeable to the acts and
practice of this Church, inviolably observed before the late times of
corruption, that not one of the assembly doubted thereof, to whom by
the indiction and promise of a free assembly, the determination of that
question, anent the members constituent propertie belonged.

And last, that the voices of the six Assessors, who did sit with His
Grace, were not asked and numbered, which we could not conceive to be
any just cause of offence, since after 39. Nationall assemblies of
this reformed church, where neither the Kings Majestie, nor any in his
name was present, at the humble and earnest desire of the assembly,
His Majestie graciously vouchsafed His presence either in His owne
Royall Person, or by a Commissioner, not for voting or multiplying of
voices, but as Princes and Emperours of old, in a Princely manner to
countenance that meeting, and to preside in it for externall order; and
if Wee had been honoured with His Majesties Personall presence, His
Majestie (according to the practice of King James of blessed memorie)
would have onely given his owne Judgement in voting of matters, and
would not have called others who had not been clothed with commission
from the church to carry things by pluralitie of voices.

Therefore in conscience of our duty to God and his truth, the King and
his honour, the Church and her liberties, this Kingdome and her peace,
this Assemblie and her freedome, to our selves and our safety, to our
Posterity, Persons and Estates, We professe with sorrowfull and heavie,
but loyall hearts, That We cannot dissolve this Assemblie, for the
reasons following.

1. For the reasons already printed anent the necessity of conveening
a Generall Assemblie, which are now more strong in this case, seeing
the Assemblie was already indicted by his Majesties authority, did
conveene, and is fully constitute in all the members thereof, according
to the Word of God, and discipline of this church, in the presence and
audience of his Majesties Commissioner; who hath really acknowledged
the same, by assisting therein seven dayes, and exhibition of His
Majesties Royall Declaration, to be registrate in the Bookes of this
Assemblie, which accordingly is done.

2. For the reasons contained in the former Protestations made in name
of the Noblemen, Barons, Burgesses, Ministers, and Commons, whereunto
We doe now iudicially adhere, as also unto the Confession of Faith &
covenant, subscribed and sworn by the Body of this Kingdome.

3. Because as We are obliged by the application and explication
subioyned necessarily to the Confession of Faith subscribed by Vs;
so the Kings Majestie, and his Commissioner, and Privie Councell,
have urged many of this Kingdome to subscribe the Confession of Faith
made in an. 1580. and 1590. and so to returne to the doctrine and
discipline of this Church, as it was then professed: But it is cleare
by the doctrine and discipline of this Church, contained in the book of
Policie then registrate in the books of Assemblie, & subscribed by the
Presbyteries of this Church; That it was most unlawfull in it selfe,
and preiudiciall to these privileges which Christ in his Word hath left
to his Church, to dissolve or breake up the Assemblie of this Church,
or to stop and stay their proceedings in constitution of Acts for the
welfare of the Church, or execution of discipline against offenders;
and so to make it appeare, that Religion and Church government should
depend absolutely upon the pleasure of the Prince.

4. Because there is no ground of pretence either by Act of Assemblie,
or Parliament, or any preceding practice, whereby the Kings Maiestie
may lawfully dissolve the Generall Assemblie of the Church of Scotland,
far lesse His Maiesties Commissioner, who by his commission hath
power to indict and keep it, _secundum legem & praxim_: But upon
the contrarie, His Majesties prerogative Royall, is declared by Act
of Parliament, to be no wayes preiudiciall to the priviledges and
liberties, which God hath granted to the spirituall office-bearers,
and meetings of this Church; which are most frequently ratified in
Parliaments, and especially in the last Parliament holden by His
Maiestie himself: which priviledges and liberties of the Church, his
Maiestie will never diminish or infringe, being bound to maintain the
same in integritie by solemn oath given at his Royal Coronation in this
Kingdome.

5. The Assemblies of this Church have still inioyed this freedome of
uninterrupted sitting, without or notwithstanding any contramand, as
is evident by all the Records thereof; and in speciall by the generall
Assembly holden in anno 1582. which being charged with letters of
Horning by the Kings Majestie his Commissioner and Councell, to stay
their processe against Master Robert Montgomerie, pretended Bishop
of Glasgow, or otherwise to dissolve and rise, did notwithstanding
shew their liberty and freedome, by continuing and sitting still, and
without any stay, going on in that processe against the said Master
Robert, to the finall end thereof: And thereafter by letter to his
Maiesty, did shew clearly, how far his Maiesty had been uninformed, and
upon misinformation, preiudged the prerogative of Jesus Christ, and the
liberties of this Church, and did inact and ordain, that none should
procure any such warrant or charge under the pain of excommunication.

6. Because now to dissolve, after so many supplications and complaints,
after so many reiterated promises, after our long attendance and
expectation, after so many references of processes from Presbyteries,
after the publick indiction of the Assembly, and the solemn Fast
appointed for the same, after frequent Convention, formall constitution
of the Assembly in all the members thereof, and seven dayes sitting,
were by this act to offend God, contemne the Subjects petitions,
deceive many of their conceived hopes of redresse of the calamities
of the Church and Kingdome, multiply the combustions of this Church,
and make every man despair hereafter ever to see Religion established,
Innovations removed, the Subiects complaint respected, or the
offenders punished with consent of authority, and so by casting the
Church loose and desolate, would abandon both to ruine.

7. It is most necessary to continue this Assembly for preveening the
prejudices which may ensue upon the pretence of two Covenants, whereas
indeed there is but one, That first subscribed in 1580. and 1590. being
a Nationall covenant and oath to God; which is lately renewed by Vs,
with that necessary explanation, which the corruptions introduced since
that time contrary to the same, inforced: which is also acknowledged
by the Act of councell in September last, declaring the same to be
subscribed, as it was meaned the time of the first subscription; And
therefore for removing that shame, and all prejudices which may follow
upon the show of two different covenants & confessions of Faith in
one Nation, The Assemblie cannot dissolve, before it trie, finde and
determine, that both these covenants, are but one and the self same
covenant: The latter renewed by us, agreeing to the true genuine sense
and meaning of the first, as it was subscribed in Anno 1580.

For these and many other reasons, We the Members of this assemblie,
in our owne name, and in the name of the Kirk of Scotland, whom We
represent; and We Noblemen, Barons, Gentlemen, Ministers, Burgesses,
and Commons before mentioned, doe solemnly declare in the presence of
the everliving God, and before all men; And protest,

1. That our thoughts are not guilty of anything which is not incumbent
to us, as good Christians towards God, and loyall Subjects towards our
sacred Soveraigne.

2. That all the Protestations generall or particular, proponed or to
be proponed by the commissioner his Grace, or the Prelats and their
adherents, may be presently discussed before this generall Assemblie,
being the highest Ecclesiasticall judicatorie of this Kingdome: and
that his Grace depart not till the same be done.

3. That the Lord commissioner depart not, till this Assemblie doe fully
settle the solide peace of this church, cognoscing and examining the
corruptions introduced upon the doctrine and discipline thereof: and
for attaining hereof, and removing all just exceptions which may be
taken at our proceedings, we attest GOD the searcher of all hearts,
that our intentions, and whole proceedings in this present assemblie,
have beene, are, and shall be according to the word of GOD, the
lawes and constitutions of this church, the confession of faith; our
nationall oath, and that measure of light, which GOD the father of
light shall grant us, and that in the sincerity of our hearts, without
any preoccupation or passion.

4. That if the Commissioner his Grace depart, and leave this church and
kingdome in this present disorder, and discharge this assemblie, that
it is both lawfull and necessary for Vs to sit still and continue in
keeping this present Assemblie, indicted by His Majestie, till we have
tryed, judged, censured all the bygone evils, and the introductors,
and provided a solide course for continuing Gods truth in this land
with purity and liberty, according to his Word, our oath and Confession
of Faith, and the lawfull constitutions of this Church; and that with
the grace of God, We and every one of Vs adhering hereunto, shall sit
still and continue in this Assembly, till after the finall setling and
conclusion of all matters, it be dissolved by common consent of all the
members thereof.

5. That this Assemblie is and should be esteemed and obeyed, as a
most lawfull, full and free generall Assembly of this Kingdome: And
that all acts, sentences, constitutions, censures and proceedings
of this Assemblie, are in the selfe, and should be reputed, obeyed,
and observed by all the Subjects of this Kingdome and members of
this Church, as the actions, sentences, constitutions, censures, and
proceedings of a full and free generall assembly of this Church of
Scotland, and to have all ready execution, under the Ecclesiasticall
paines contained, or to bee contained therein, and conforme thereto in
all points.

6. That whatsoever inconvenience fall out, by impeding, molesting, or
staying the free meeting, sitting, reasoning, or concluding of this
present assembly, in matters belonging to their judicatorie, by the
word of God, lawes and practice of this Church, and the Confession
of Faith, or in the observing and obeying the acts, ordinances and
conclusions thereof, or execution to follow thereupon, That the same
be not imputed unto us, or any of us, who most ardently desired the
concurrence of his Majesties Commissioner to this lawfull assembly;
But upon the contrary, that the Prelats and their adherents, who
have protested and declined this present assemblie, in conscience of
their owne guiltinesse, not daring to abide any legall tryall, and by
their misinformation have moved the Commissioner his Grace to depart
and discharge this assemblie, be esteemed, repute, and holden the
disturbers of the peace, and overthrowers of the liberties of the
Church, and guiltie of all the evils which shall follow hereupon, and
condignely censured according to the greatnesse of their fault, and
Acts of the Church and Realme: And to this end, Wee againe and again
doe by these presents cite and summon them, and everie one of them,
to compeere before this present generall assembly, to answer to the
premises, and to give in their reasons, defences, and answers against
the complaints given in, or to bee given in against them, and to heare
probation led, and sentence pronounced against them, and conforme to
our former cytations, and according to Iustice, with certification as
effeirs; Like as by these presents We summon and cyte all those of
his Majesties Councell, or any other, who have procured, consented,
subscribed, or ratified this present Proclamation to be responsable to
his Majesty and three Estates of Parliament, for their counsell given
in this matter, so highly importing his Majestie, and the whole Realme,
conforme to the 12. act. King James 4. Parliament 2. And protest for
remedy of law against them, and every one of them.

7. And lastly wee protest, that as we adhere to the former
protestations all and every one of them, made in the name of the
Noblemen, Barons, Gentlemen, Ministers, Burghes, and Commons; So seeing
wee are surprised by the Commissioner his Graces sudden departing,
farre contrary to his Majesties indiction, and our expectation, we
may extend this our protestation, and adde more reasons thereunto in
greater length and number, whereby wee may fully cleare before God and
man the equitie of our intentions, and lawfulnesse of our proceedings:
And upon the whole premises the foresaid persons for themselves and in
name aforesaid, asked Instruments. This was done in the high Church of
Glasgow in publike audience of the Assembly, begunne in presence of the
Commissioner his Grace, who removed and refused to heare the same to
the end, the twenty eighth day of November: and upon the Mercate Crosse
of Glasgow, the twentie ninth day of the said Moneth, the yeere of GOD
1638. respective.


1638.—November 30.

102. _Letter from Traquair to Hamilton._[130]

  Falkirk, Nov. 30th.

I could not find the Earl of Argyle yesterday at his own house; and
being unwilling to go from Glasgow before I saw him, I came to the Lord
Boyde’s lodging, where I was told he was, with the Lord Loudon and some
others. He resolves to stay still in Glasgow, some time at least; and
during his abode there, will haunt the assembly, and be careful to make
them go on in such a way as shall be justifiable.

The Service-book will be condemned in general, as repugnant to the
tenets of this church; episcopal government, as not agreeable to the
government thereof; and presently all the bishops of this kingdom are
condemned, and presently excommunicate.

The Lord Loudoun acknowledges one of the papers, your Grace produced
in the assembly, but the certificate refused; the same was required
of me, which at the kirk-yard entry I acknowledged and declared to be
such as became an honest man; for truly, if I should say otherwise, I
should deny truth and my own judgment. And if I should subscribe any
covenant or confession, which, in my judgment, excluded episcopacy or
episcopal government, I behoved to subscribe against the light of my
own conscience; and this I declared publicly, as I shall do while I
breathe.

This morning the Lairds Carberry, Nidrie, and Colintone, with John
Smith of Edinburgh, parted from this, about four in the morning, to
attend my coming to Edinburgh, for protesting against the proclamation;
which they expect at the cross of Edinburgh.

As your Grace shall be pleased to honour me with any of your
commandments, I shall not be wanting with the uttermost of my power;
and without consideration either of life or fortune, shall witness
myself to be

  Your, &c.
  TRAQUAIR.

       *       *       *       *       *


1638.—December 3.

103. _Letter from the Archbishop of Canterbury (Laud) to Hamilton._[131]

MY VERY GOOD LORD,

I received your Lordships Letters of Novemb. 27ᵗʰ, they came safe to
me on Decemb. 2ᵈ, after 8 at night. I was glad to see them short; but
their shortness is abundantly supplied by the length of two Letters,
one from the Lord Ross, and the other from the Dean. They have between
them made their word good to your Lordship, for they have sent me all
the passages from the beginning of the Assembly to the time of the Date
of their Letters: and this I will be bold to say, never were there more
gross absurdities, nor half so many, in so short a time, committed in
any Publick Meeting; and for a Nationall Assembly never did the Church
of Christ see the like.

Besides His Majesties Service in general, that Church is much beholding
to you, and so are the Bishops in their Persons and Callings: and
heartily sorry I am, that the People are so beyond your expression
furious, that you think it fit to send the two Bishops from Glasgow
to Hamilton; and much more that you should doubt your own safety. My
Lord, God bless your Grace with Life and Health to see this Business
at a good end, for certainly, as I see the face of things now, there
will very much depend upon it, and more than I think fit to express in
Letters; nay perhaps, more than I can well express if I would.

I am as sorry as your Grace can be that the Kings Preparations can make
no more haste. I hope you think (for truth it is) I have called upon
His Majesty, and by His Command upon some others, to hasten all that
may be, and more than this I cannot doe; but I am glad to read in your
Letters that you have written at length to His Majesty, that you may
receive from himself a punctual Answer to all necessary particulars:
and I am presently going to him to persuade him to write largely to
you, that you may not be in the dark for any thing.

But (my Lord) to meet with it again in your Letters, that you cannot
tell whether this may be your Last Letter, and that therefore you have
disclosed the very thoughts of your Heart, doth mightily trouble me:
but I trust in God, he will preserve you, and by your great Patience,
Wisdom, and Industry, set His Majesties Affairs (to your great Honour)
in a right posture once again; which if I might live to see, I would be
glad to sing my _Nunc dimittis_.

I pray (my Lord) accept my thanks for the poor Clergie there, and
particularly for the Bishop of Ross, who protests himself most
infinitely obliged to you.

I heartily pray your Lordship to thank both the Bishop of Ross and the
Dean for their kind Letters, and the full account they have given me;
but there is no particular that requires an Answer in either of them,
saving that I find in the Deans Letter, that Mr Alex. Henderson, who
went all this while for a quiet and calm-spirited man, hath shewed
himself a most violent and passionate man, and a Moderator without
Moderation. Truly (my Lord) never did I see any man of that humour yet,
but he was deep-dyed in some violence or other, and it would have been
a wonder to me if Henderson had held free. Good my Lord, since you are
good in the active part, in the commixture of Wisdom and Patience,
hold it out till the People may see the Violence and Injustice of them
that would be their Leaders, and suffer not a Rupture till there be no
Remedy. God bless you in all your ways, which is the daily prayer of

  Your Lordships most faithful Friend,
  and humble Servant,
  W. CANT.

  Lambeth, 3 Decemb. 1638.

       *       *       *       *       *


1638.—December 7.

104. _Letter from the King to Hamilton._[132]

HAMILTON,

I never expected other than that you would have too just grounds to
dissolve this Assembly; and certainly I were very unjust if I did not
approve you therein, since not onely your Instructions warrant you the
same, but even the Council hath testified to me the Necessity of it.
And now I shall lay before you some Considerations; in the first place
to take care, that your coming away do not cast things so loose, that
the honest men of my Party do believe that you leave them as in a case
desperate, or at least, that by your Absence they be denuded of Advice
and Protection: therefore I hope before you come up you will take so
good order, that your Absence do neither dishearten, nor prejudice
my Party. As for my Preparations, I doubt not but ere this you have
had a full account by your Cousin Sir James, whereby you find that
I shall not be able to shew my self like my self before February or
March; wherefore I lay it to your Consideration, whether it were not
fit to give hopes that the Parliament shall hold, (notwithstanding all
the impertinencies of this last Assembly) so that their Follies break
not out into open Acts of Rebellious Violences: and really I will not
say, but (that things may be so prepared) it may be fitting that it
should hold. To conclude, I hope you do not conceive, that the Date
of your Commissionership is out; wherefore I expect that (if you find
cause) you send out Commissions of Lieutenantries to Huntley for the
North, and to Traquair or Roxburgh, either joyntly or severally, (as
you shall find most fit) for the South: yet all as subaltern to you.
This I confess is not to be done but upon great necessity, of which I
leave you (as upon the place) to be Judge, (being abundantly satisfied
of your zeal and dexterity to serve me) as I do of all that I have now
written: and so I rest

  Your assured constant Friend,
  CHARLES R.

  Whitehall,
  7 Dec. 1638.

       *       *       *       *       *

1638.—December 7.

105. _Letter from the Archbishop of Canterbury to Hamilton._[133]

MY VERY GOOD LORD,

I received your Letters of the second of December upon the sixth of the
same at night, and could not speak with His Majesty till this day. This
day I did, and shewed him your Letters and the Deans; and I read to him
more than the later half of all the long Discourse which the Dean wrote
unto me, for his Majesty was very desirous to know what occasion you
took to dissolve the Synod, and how you prosecuted it; in both which
that Paper gave him great satisfaction.

With your Letters I have received three other Papers, that which shews
you have keeped within your Instructions, the Copy of the Proclamation
which dissolves the Assembly, and a Copy of the Councils Letter to the
King; both which His Majesty takes to be very good Service done for
him, and commands me to give your Grace thanks in his Name, which I am
very glad to doe, and I doe it heartily.

For the Earl of Argyle I can say no more than I have already, though
now I know him more perfectly than I did. Your Resolution was to put
him from the Council-Table, if he refused the Kings Covenant; he hath
now deserved it more, but whether it be a fit time as yet to proceed
so far, I dare not determine here. This I am sure of, if he do now
publickly adhere to the Covenant and the Assembly, nay be the professed
Head of the Covenant, (as the Dean calls him,) yet he will have much
ado to look right upon that, who ever looked asquint upon the Kings
business.

Concerning your coming up to Court, I am glad I find His Majesty in
that Opinion which I cannot chuse but be of, that is, to leave it to
your self, and your own Judgment upon the place, whether it be fitter
for you to come or stay: for the truth is, my Lord, in my poor Judgment
the King must needs leave this to your self, or discern himself; for
if he bids you come, you will not stay; and if he would have you stay,
you will not come: but whether it be fittest to come or stay cannot
be prudently judged here, therefore (my Lord) doe that which shall be
best approved there for His Majesties Service. And as much as I desire
to see you, I will be bold to adde this, that I hope you will not stir
to come thence, till you have so settled the Country, or at least the
Kings Party there, as that you may be sure they may be safe, till
farther course for Security may be taken: for I do not know how much it
may dishearten them if your Grace come away from them too soon.

In tender care of His Majesties both Safety and Honour, I have done and
do daily call upon him for his Preparations. He protests he makes all
the haste he can, and I believe him; but the jealousies of giving the
Covenanters umbrage too soon, have made Preparations here so late. I
doe all I can here with trouble and sorrow enough.

Here is News that three Ships-full more of Arms are come to Leith from
Poland; whence have they money to buy all this? If this be true, the
King of Poland hath watched a shrewd opportunity to quit the King for
the late neglect of his Ambassadour. And that which troubles me not a
little is, that the Kings Party there (I doubt) is not half so well
provided of Arms as the Covenanters are.

For the Money you mention, I wish with all my heart you had received
it, for at the rising of the Assembly most miserable will be the
Condition of them who have faithfully served God and the King. I have
now again put it to the King, and he sees enough, but cannot well tell
how to help it; yet this he said, If he could possibly scrape so much
together, it should be had.

I pray be pleased to thank the Dean for his great pains, though it
cost me the sitting up some part of the night to read it. His Letter,
beside that Discourse, contains but two things, The necessity of a
present shew of Force against the rising of the Assembly, before men be
urged to new Confederacies, and Subscriptions to all things determined
in this Assembly; The other, that some care may be had for the poor
Ministers, who will be put to the greatest sufferings, and all for God
and the King. And to these two I have said as much as I can, and shall
daily labour with the King to doe all that may be done for them. I pray
God bless your Lordship, but I am infinitely sorry so much Grace and
Goodness of the Kings should be no better received. To Gods blessed
Protection I leave you, and all your Endeavours, and shall ever shew my
self

  Your Graces most faithful Friend,
  and humble Servant,
  W. CANT.
  Whitehall, Decemb. 7. 1638.

       *       *       *       *       *

1638.—December 8.

106. _Proclamation by the King._[134]

CHARLES, By the grace of GOD, King of SCOTLAND, ENGLAND, FRANCE,
and IRELAND, Defender of the FAYTH, To Our Lovits, _______________
Herauldes, Pursevantes: Our Shyreffs in that part, conjunctlie,
and severallie, speciallie constitute, Greeting. WHERE-AS, for the
removing of the Disorders, which haue happened of late within this
Kingdome; And, for settling of a perfect Peace in the Church, and
Common-wealth there-of, WEE were pleased, to call and indict A FREE
GENERALL ASSEMBLIE to bee holden at GLASGOW, the xxj day of November
last; And for Our Subjects their better content and assurance, that
they should bee freed of such thinges as by their Petitions and
Supplications given in to the Lordes of Our Privie Councell, they
seemed to be grieved at, WEE, in some sort, prevented the Assemblie,
by discharging, by Our Proclamation, the Service-Booke, Booke of
Canons, and High Commission, freed and liberate all Our Subjectes,
from practising of the fiue Articles, exeemed all Ministers at their
entrie, from giving anie other Oath, than that which is contayned in
the Act of Parliament; Made all persons, both Ecclesiasticall and
Civill, lyable to the Censure of Parliament, Generall Assemblie, or
anie other Iudicatorie competent, according to the nature of their
Offence; Had declared all by-gone Disorders absolutelie forgotten,
and forgiven: And last; For securing to all Posteritie, the Trueth,
and Libertie of RELIGION, did command the Confession of Fayth, and
Band for mayntenance thereof, and of Authoritie in defence of the
same, subscrybed by Our deare Father, and his Householde, in ANNO
1580, to bee renewed, and subscrybed agayne by Our Subjectes heere.
And, albeit that this Our Gracious and Pious Commaund, instead of
Obedience and Submission, rancountred open and publicke Opposition and
Protestation agaynst the same; And that they continued their daylie
and hourlie guarding and watching our Castle of Edinburgh, suffering
nothing to bee imported there-in, but at their discretion: stopping
and impeding anie importation of Ammunition, or other Necessaries
what-so-ever, to anie of Our Houses within this Kingdome: Denying
to Us their Soveraygne Lord, that Libertie and Freedome, which the
meanest of them assumed to themselues, (an Act without precedent or
example in the Christian World:) Lyke as they spared not, boldlie
and openlie to continue their Conventions, and Councell-Tables, of
Nobilitie, Gentrie, Ministers, and Burgesses, within the Citie of
Edinburgh: Where, not regarding the Lawes of the Kingdome, without
warrand of Authoritie, they conveaned, assembled, and treated vpon
Matters as well Ecclesiasticall as Civill, Sent their Injunctions and
Directions throughout the Countrey, to their subordinate Tables, and
other vnder Ministers appoynted by them for that effect: And, vnder
colour and pretext of Religion, exercising an vnwarranded Libertie,
requyred obedience to their vnlawfull and illegall Directions, to the
seene prejudice of Authoritie, and lawfull Monarchicall Governament.
And not-with-standing it was evidentlie manifest, by the illegall
and vnformall Course taken in the Election of the Commissioners for
the Assemblie; whereof some of them were vnder the Censure of this
Church, some vnder the Censure of the Church of Ireland, some long
since banished, for avowed teaching agaynst Monarchie: others of them
suspended, and some admitted to the Ministerie, contrarie to the forme
prescrybed by the Lawes of this Kingdome: others of them Rebells,
and at the Horne: some of them confined, and all of them by Oath and
Subscription, bound to the overthrowe of Episcopall Government. And by
this, and others their Under-hand-working, and private Informations,
and perswasions, had given just ground of Suspicion of their
Partialitie; and so made themselues vnfit Iudges of what concerneth
Episcopacie. And als, albeit it was sufficientlie cleared, by the
peremptorie and illegall Procedures of the Presbyteries, who at their
owne hand, and by order of Lawe, and without due forme of Processe,
thrust out Moderators lawfullie established, and placed others, whome
they found moste inclynable to their turbulent Humoures, associate
to themselues, for choosing of the Commissioners to the Assemblie, a
Laicke Elder out of each Parioch; who beeing in moste places equall,
if not moe in number than the Ministerie, made choyse both of the
Ministers who should bee Commissioners, from the Presbyteries, as
also of a Laicke Elder, (which in tyme will proue to bee a dangerous
Consequence, and import an heavie Burden to the Libertie of the
Church, and Church-men) beeing more directed therein, by the Warandes
of the foresayde pretended Tables, than by their owne judgementes; as
appeared by the severall Instructions sent from them, (farre contrarie
to the Lawes of this Countrey, and lowable custome of this Church)
some whereof were produced, and exhibit by Our Commissioner, and
publicklie read: One whereof directed to the Noble-men and Barons of
each Presbyterie, doeth amongst manie other odde passages, require
Diligence; lest (say they) by our owne Sillinesse and Treacherie,
wee lose so fayre an occasion of our Libertie, both Christian and
Civill. A strange phrase, to proceede from duetifull or loyall-hearted
Subjectes! The other, to the Moderators of severall Presbyteries,
vnder the Title of Private Instructions, August 27, contayning, first,
That these Private Instructions shall bee discovered to none, but to
Brethren well-affected to the Cause. 2. Order must be taken, that none
be chosen Ruling-Elders, but Covenanters, and these well-affected to
the Businesse. 3. That where the Minister is not well-affected, the
Ruling Elder bee chosen by the Commissioners of the Shyre, and spoken
vnto particularlie for that effect. 4. That they bee carefull, that no
Chappell-men, Chapter-men, or a Minister Iustice of Peace bee chosen,
although Covenanters, except they haue publicklie renounced or declared
the vnlawfullnesse of their Places. 5. That the Ruling Elders, come
from everie Church, in equall number with the Ministers. And if the
Minister oppose, to put themselues in possession, notwithstanding
of anie opposition. 6. That the Commissioner of the Shyre, cause
conveane before him the Ruling Elder of everie Church, chosen before
the day of the Election, and injoyne them, vpon their Oath, That
they giue voyce to none, but to those who are named alreadie at the
Meeting of Edinburgh. 7. That where there is a Noble-man in the
boundes of the Presbyterie, hee bee chosen: and where there is none,
there bee chosen a Baron, or one of the best Qualitie; and he only a
Covenanter. 8. That the ablest man in everie Presbyterie bee provided
to dispute, _De potestate supremi Magistratus in Ecclesiasticis
præsertim inconvocandis Conciliis_, &c. Whereby it is moste evident,
what Prelimitations, and indirect and partiall Courses, and dangerous
Propositions, haue bene vsed in the Preparations and Elections to
this pretended Assemblie. By which vnlawfull doinges, altho Wee had
sufficient reason, to haue discharged the Meeting of the Assemblie,
yet We pleased patientlie to attende the same: Still hoping, that
when they were met together, by the presence of Our Commissioner, and
assistance of some well-affected Subjectes, who were to bee there,
and by their owne seeing the reall performance of what was promised
by Our Proclamation, they should haue beene moved to returne to the
due obedience of Subjects. But when Wee perceaved, that ther turbulent
Dispositions did increase, as was manifest by their repairing to the
sayde pretended Assemblie, with great Troups and Bands of Men, all
boden in feare of Warre, with Gunnes and Pistolls, contrarie to the
Laws of this Kingdome, and in high contempt of Our Proclamation at
Edinburgh, the xvj of November last. As also by their peremptorie
refusing to the Assessoures authorized by US, (altho fewer in number
than our dearest Father was in vse to haue) the power of Voting in this
Assemblie, as formerlie they had done in all others: openlie averring,
That Wee nor Our Commissioner had no farther power there, than the
meanest Commissioner of their number: and by their partiall and vnjust
refusing, and not suffering to bee read, the Reasons and Argumentes
given in by the Bishops, and their Adherentes, to Our Commissioner,
why they ought not to proceede to the Election of a Moderator, neyther
yet to the trying and admitting of the Commissioners, before they
were heard, tho in Our Name they were earnestly requested therevnto
by Our Commissioner. And not-with-standing that Our Commissioner, by
Warrand from Us, gaue in vnder his hand, a sufficient Declaration of
all that was contayned in Our late Proclamation: Bearing lykewyse Our
Pleasure, of the Registration of the same in the Bookes of Assemblie,
for full assurance of the Trueth and Libertie of Religion, to all
Our good Subjectes; as doeth clearlie appeare by the Declaration it
selfe, where-of the Tenour followeth: THE KING’S MAIESTIE beeing
informed, That manie of his good Subjectes haue apprehended, that
by the introducing of the Service-Booke, and Booke of Canons, the
inbringing of Superstition hath beene intended, hath beene graciouslie
pleased to discharge; Lyke as by These hee doeth discharge the
Service Booke, and Booke of Canons, and the practise of them, and
eyther of them; and annulleth and rescindeth all Actes of Councell,
Proclamations, and other Actes and Deedes whatsoever that haue beene
made, or published, for establishing of them, or eyther of them; and
declareth the same to bee null, and to haue no force, nor effect,
in tyme comming. THE KING’S MAIESTIE, as hee conceaved for the ease
and benefite of the Subjects, established the High Commission, that
thereby Iustice might bee administrate, and the faultes and erroures
of such persons as are made lyable therevnto, taken order with, and
punished, with the more conveniencie, and lesse trouble to the people:
But finding his gracious intention therein to bee mistaken, hath beene
pleased to discharge, Lyke as by These hee doeth discharge the same,
and all Actes and Deedes whatsoever made for establishing thereof.
AND, The King’s Majestie beeing informed, That the vrging of the fiue
Articles of Pearth Assemblie, hath bred Distraction in the CHURCH
and ESTATE, hath beene graciouslie pleased, to take the same to his
Royall Consideration; and, for the Quyet and Peace of his Countrey,
hath not onlie dispensed with the practise of the saydes Articles; But
also discharged all and whatsoever persons, from vrging the practise
thereof, vpon eyther Laicke or Ecclesiaticall person whatsoever; And
hath fred all his Subjectes, from all Censures and Paynes, whether
Ecclesiasticall or Secular, for not vrging, practising, or obeying
them, or anie of them, notwithstanding of aniething contayned in the
Actes of Parliament, or Generall Assemblie, to the contrarie. AND,
His Majestie is farther contented, That the Assemblie take the same
so farre to their Consideration, as to represent it vnto the next
Parliament; there to bee ratified, as the Estates shall bee found
fitting. AND, Because it hath beene pretended, That Oathes haue beene
administrated different from that which is set downe in the Actes of
Parliament, his Majesty is pleased to declare by mee, That no other
Oath shall be required of anie Minister at his Entrie, than that which
is set downe in the Act of Parliament. AND, That it may appeare howe
carefull his Majestie is, that no Corruption, or Innovation, shall
creepe into this Church, nether yet anie Scandall, Vyce, or Fault, of
anie person whatsoever, censurable or punishable by the Assemblie, goe
long vnpunished. HIS MAIESTIE is content to declare by mee; and assure
all his good People, That Generall Assemblies shall bee kept so oft,
and alse oft, as the Effayres of this Church shall requyre. AND, That
none of his good Subjectes may haue cause of Grievances agaynst the
Proceedinges of the Prelates, HIS MAIESTIE is contented, That all and
everie one of the present Bishops, and their Successoures, shall bee
aunawerable, and accordinglie from tyme to tyme, censurable, according
to their merites, by the Generall Assemblie. AND, To giue all his
Majestie’s good People full assurance, that hee never intended to admit
anie Alteration, or Change, in the True Religion, professed within this
Kingdome; AND, That they may bee truelie and fullie satisfied, of the
Realitie of His Intentions, and integritie of the same, His Majestie
hath beene pleased, to requyre and commaund all his good Subjectes, to
subscrybe the Confession of Fayth, and Band for mayntenance there-of,
and Of His Majestie’s Person, and Authoritie, formerlie signed by his
deare Father, in Anno 1580; And nowe also requyreth all these of this
present Assemblie, to subscrybe the same. AND, It is His Majesties
will, That this bee insert and registrat in the Books of Assemblie,
as a Testimoniall to Posteritie, not onelie of the sinceritie of his
Intentions to the sayd True Religion, but also of His Resolution, to
mayntayne and defend the same, and His Subjectes, in the Profession
there-of. Which Declaration was by Our speciall Commaund and Direction
given in, and subscrybed by Our Commissioner, vpon Protestation made
by him, That his assenting to the registrating heere-of, should bee
no Approbation of the lawfulnesse of this Assemblie, nor of anie of
the Actes or Deedes done or to bee done therein. And finding them in
lyke sort, nowayes to be satisfied therewith, and that nothing else
was able to giue them content, except at their owne pleasure they were
permitted to overthrowe all Episcopall Government in the Church, and
thereby to abrogate Our publicke Lawes standing in vigour, by the space
of manie yeares by-gone, and to alter the fundamentall Governament of
this Kingdome, in taking away one of three Estates, contrarie expresse
Actes of Parliament. And lest the continuance of their meetings,
might haue produced other the lyke dangerous Actes so derogatorie to
Royall Authoritie; Wee were forced for preveaning thereof, and for the
causes and reasons aboue mentioned, and dyverse others importing true
Monarchicall Governament, to dissolue and breake vp the sayde pretended
Assemblie, and to discharge them of all farther meeting, treating, or
concluding of anie thing therein: And yet in that calme and peaceable
way, as our Commissioner before his removing desired their pretended
Moderator for that tyme, to haue sayde Prayer, and so concluded that
dayes Session; that so they might haue had tyme to thinke vpon the
just reasons of his refusing, to assist or bee anie longer present
at the sayde pretended Assemblie; and of the causes moving Us to the
dissolving thereof. And notwithstanding his earnest vrging the same,
and being willing to returne the next Morne to heare their Answere,
in place of all other satisfaction to his so reasonable and moderate
desires, was refused, and met with a Protestation, of an high and
extraordinarie strayne: Thereby presuming to sute and call our Counsell
in question, for their duetifull assistance, and obedience vnto Us, and
Our Commissioner. And finding their disobedience thus to increasse, Wee
were constrayed to discharge them anewe agayne the next day thereafter,
by publicke Proclamation, vnder the Payne of Treason. And albeit that
their continuance is such, as hath not beene heard in former tymes
yet they shall never moue Us, to alter the least poynt or Article of
what Wee haue alredie declared by Proclamation, or Declaration vnder
Our Commissioner’s hand: All which was publicklie read, and by our
Commissioner requyred to bee insert and registrated in the Bookes
of Assemblie, therein to remayne as a Testimonie to Posteritie; not
onlie of the sinceritie of Our Intentions to the true Religion; but
also of Our Resolution, to mayntayne and defende the same, and Our
Subjectes, in the Profession thereof. AND perceaving lykewyse, That
in contempt of OUR PROCLAMATION at GLASGOW, the xxix of November last,
they goe still on, to conveane, meete, and to make illegall and
vnwarrandable Actes, WEE haue conceaved it fitting, to forewarne all
Our good Subjectes, of the Daunger that they may incurre, by beeing
insnared by these their vnlawfull Procedures: And, to this purpose,
doe not onelie liberate and free them, from all obedience to anie
of the pretended Actes made, or to bee made, at the sayde pretended
Assemblie, or Committees direct therefrae: but also doe free them
from all Payne and Censure which the sayde pretended Assemblie shall
inflict vpon them, or anie of them: AND, THEREFORE, Doe discharge, and
prohibite, all Our Subjectes, That they, nor none of them, acknowledge,
or gieue obedience, to anie pretended Actes, or Constitutions, made,
or to bee made, at the sayd pretended Meetinges, vnder all highest
Paynes. AND, WEE commaund, charge, and inhibite, all Presbyteries,
Sessions of Churches, and Ministers, within this Realme, That none of
them presume, nor take vpon hand, privatelie, nor publicklie, in their
Sessions and Meetings, nor in their Conferences, Sermones, nor none
other manner of waye, to authorize, approue, justifie, or allowe, the
sayde vnlawfull Meeting, or Assemblie, at GLASGOW, nor yet to make
anie Act thereupon, nor to doe any other thing, private, or publicke,
which may seeme to countenance the sayde vnlawfull Assemblie, vnder the
Payne, to bee holden, reputed, and esteemed, and persued, as guiltie
of that vnlawfull Meeting, and to bee punished for the same, with all
Rigour. AND SUCH-LYKE, WEE commaund all and sundrie Noble-men, Barrons,
Gentle-men, and Magistrates, and all others, Our Liedges, who shall
happen to bee present, and heare anie Ministers, eyther in publicke or
private Conferences and Speeches, or in their Sermones, to approue, and
allowe, the sayde vnlawfull Assemblie, to rayle, or vtter anie speaches
agaynst Our Royall Commandementes, or Proceedinges of Us, or our
Counsell, for punishing or suppressing such enormities; That they make
relation, and report thereof, vnto Our Counsell, and furnish probation;
to the effect the same may bee accordinglie punished; as they will
aunswere to US thereupon: Certifying them, who shall heare, and
conceale the sayde speaches, that they shall bee esteemed as Allowers
of the same, and shall accordinglie bee taken order with, and punished
therefore, without favour. AND, To this effect, WEE lykewyse straytlie
charge, and commaund, all Iudges whatsoever within this Realme,
Clerks, and Wryters, not to graunt or passe anie Bill, Summonds, or
Letters, or anie other Execution whatsoever, vpon anie Act or Deed
proceeding from the sayde pretended Assemblie; AND all Keepers of the
SIGNET, from signetting thereof, & that vnder all highest Paynes. AND,
Because Wee gaue Order and Commaund, to Our Commissioner, to make open
Proclamation, not onlie of Our Sense, but even of the true meaning of
the Confession of Fayth in Anno 1580; by which it may clearlie appeare,
That as Wee never intended thereby to exclude EPISCOPACIE; So by no
right construction can it bee other wayes interpreted; as is more
than evident by the Reasons contayned in the sayde Declaration, and
manie moe, which for brevitie (the thing in it selfe beeing so cleare)
are omitted. HEREFORE, WEE doe not onelie prohibite, and discharge,
all Our Subjectes, from subscrybing anie band, or giving anie Writ,
Subscription, or Oath, to or vpon anie Act or Deed, that proceedeth
from the sayde pretended Assemblie: but also doe requyre them, Not
to subscrybe nor sweare the sayd Confession, in no other sense, than
which is contayned in the sayd Declaration, manifested and emitted
by Our Commissioner, vnder all highest Paynes. AND, That none of Our
good Subjectes, who in their duetie and bound obedience to US, shall
refuse to acknowledge the sayd pretended Assemblie, or anie of the
pretended Actes, Constitutions, Warrandes, or Directions, proceeding
therefrae, may haue just ground of feare of danger or harme by doing
hereof, WEE doe by These promise, AND, UPON THE WORD OF A KING,
Obliedge Our Selues, By all the Roall Authoritie and Power wherewith
GOD hath endewed US, To protect and defend them, and everie one of
them, in their Persons, Fortunes, and Goods, agaynst all and whatsoever
person or persons, who shall dare or presume, to call in question,
trouble, or anie wayes molest them, or anie of them, therefore. AND,
OUR WILL IS, And WEE commaund, and charge, That incontinent, these
Our Letters seene, yee passe, and make publication heereof, by open
Proclamation, at the Mercat Crosse of EDINBVRGH, and others places
needfull; Where-through none pretend ignorance of the same. Given from
Our Court at WHYTE-HALL, the viij day of December, and of Our Reygne
the fourteenth yeare, 1638.

       *       *       *       *       *

1638.—December 20.


107. _A Letter from the Generall Assembly at Glasgow to the Marques of
Hamilton._[135]

MOST NOBLE LORD,

Having beene witnesses of the loyall and regall proceedings at the last
assembly at Glasgow, qʳ we know a humble supplication was appointed
to be sent to his graceous Ma., in thankfull acknowledgement of the
benefites qᶜʰ, by the indiction of that Generall Assembly, from his Ma.
pietie and justice, doth redound to all his subjects, and for humble
supplicating his Ma. to continow in his gracious resolution to performe
his royall promise, in holding the Parliament indicted, from his owne
bountie and goodnes, for ratifieing the acts and constitutions of that
Assembly; as the same hath comfortablie refresched his Ma. loyall
subjects, so will they be able to justifie themselves to any impartiall
reader. Therefore we are bold to intreat your Lo. that, by your favour,
our petition may have accesse to his Ma. royall hands, and unfolding
your Lo. judgement, impartiallie to receave the simple trueth, his
Ma. may have better seasoned informations of his loyall and faithfull
subjects’ proceedings, then can be expected from the enemies of this
Church and State, among quhom we shall be verie sorie to reckon your
Lo., tho’ we have too good reason to suspect your Lo. carriage here,
in opposing the most reasonable motions, and justest actions, qᶜʰ did
proceed from ws, quhensoever your Lo. perceaved any of our just demands
in the least measure to be any waves dissonant from his Ma. pleasure.
But quhen we remember your Lo. best arguments ever to have beene more
for satisfieing of his Ma. desires, (oft tymes proceeding from the
Sinistrous information and Calumnies of our enemies, for their owne
ends,) then any other ground or reason quhilk we could find, we are
confident, as your Lordship loves both his Majesties honour, persone,
and authoritie, that yow give reall proofe of it at this tyme, both by
your Lordships meanes, who hes taken so great and insatiable paines in
this bussinesse, his Ma. may know the trueth of our proceedings, that
neither of these may run hazard in our sufferings. We acknowledge it
not to be the leist of our evills, indeed, that our graceous Soveraigne
lives at such distance; for, be the fountaine never so pure, the
streames may, and oft tymes are, corrupted, before they can run so
farr, if the channell be not verie cleane, qwhich, to our great greefe
and prejudice, hes beene wanting to our actions this long tyme; and
if it be not supplied tymouslie by your Lo., both out of your duetie
to our King and Countrie, we may, by interposition of our adversaries
malice and power, as ecclipsed from the beames of his Ma. favour, be
the first sufferers. But his Ma. cannot but find his owne losse, by
sympathising with his loyall subjects in the so much threatned ruine
of this his native and antient Kingdome; and we will never beleive
that such thought can possesse the heart of so gracious a King, But
are confident, when the trueth of all out actions shall, without any
by respect, (as we take God to witnesse, we had no other end but for
his divine glory, and the honour of our King,) be made knowne, and
pondered in the ballance of his Ma. righteous judgement, our fidelitie
and loyaltie shall appeare; and his Ma. gracious dealing, in adding the
Sanction of his royall auctoritie and Civill law, by Parliament, for
corroborating the religious constitutions of that late and most lawfull
nationall Assembly of this Kirk, will be a most evident demonstration
of his Majesties pietie and justice to the discoverie of his secrete
enemies, the comfort of all his loyall subjects, and his Majesties
never dieing glorie; for all quhich ends, and for expressing our duetie
and obedient respect to his Majestie, we could excogitat nothing more
conduceable then, by that humble supplication, heartilie to acknowledge
our thankfulnes for the effects of his foregone favour and bountie, and
humblie to crave that his Majestie may, for establishment of religion,
joyne the authoritie of Civill law, as the strongest bond of our
obedience; and we hope that your Lordships affection to religion, your
countrie, and your respect to his Majesties honour, and the equitie of
our desires in a bussines deserving the greatest, and beseeming the
best affected, instruments, will be sufficient motives to make your
Lordship contribute your best endeavours for settling such a solide
peace in this Kirke and Kingdome, as may preserve that love and heartie
obedience dew to his Majestie; qᶜʰ is and shall be the sincear and
earnest desire of

Your Lordships humble Servants.

       *       *       *       *       *




  =Report of Proceedings=
  OF THE
  GENERAL ASSEMBLY AT GLASGOW, 1638.


Having, in the foregoing pages, given an account of the occurrences
which preceded this memorable Assembly, and reprinted front the
authentic edition, the principal Acts which it passed; and, having
superadded thereto, an abstract of various proceedings not embraced
in any copies of those Acts hitherto published, as well as an ample
collection of historical documents therewith connected, we shall
further add to these particulars, a detailed Report of the whole of the
discussions that took place from the first meeting on 21st November to
the dissolution of it on 20th December 1638.

For the valuable MS. whence this Report is taken, we are indebted to
the politeness and liberality of Mr J. Smith, youngest, of Glasgow. It
forms a portion of a volume of MS.S. belonging to Stirling’s Library in
that city, which also contains a similar report of the proceedings in
the subsequent Assembly of 1639, and various other curious documents
relative to that period of the Church’s history. The hand-writing
may be referred to the period of the Assembly, or the middle of the
seventeenth century; and from several markings on the volume, in the
handwriting of Wodrow, which is well known, it appears to have at
one time formed a part of his valuable collection of historical and
ecclesiastical records. The volume may be referred to as “The Folio
Manuscript.” Of its subsequent history we have no information; but from
all its characteristics we consider ourselves warranted to assume that
it possesses a high degree of authenticity. The volume referred to is
marked “Stirling’s Public Library, c. i. 11,” and in the index prefixed
there are the following items:—

“_Imprimis_—a Collection of Petitions, Remonstrances, Narrationes,
Speeches, and other peapers, published in the beginning of our troubles
in 1636, out of which may be gathered a perfect historie, yʳ of—from
folio 1 to 94.”

“_Item_—the Sessions, Actings, and Canons of the 2 Genˡˡ Assemblies
holden att Glasgow & Edinburgh, the one in 1638, yᵉ oyʳ in 1639,
containing att great length everie thinge that past, ather spoken or
done yʳ in: This takes up till folio 312.”

It is from the record thus described that the following report is
extracted.

Before the MS. which we have adopted had come into our hands, Mr David
Laing, librarian of the Writers to the Signet, had kindly communicated
another and similar report, but wanting several leaves both at the
beginning and end; and we were in hopes ere now to have had also in
our possession a third MS. belonging to Mr Simpson, schoolmaster of
Corstorphine, from which Dr Aiton states he took his account of the
Assembly 1638, that is given in his Life of Henderson. Circumstances,
however, have occurred to prevent this; but we are enabled, on the
authority of Professor Fleming, of Glasgow College, who has collated
these MS.S., to say that it coincides entirely with the Stirling’s
Library Copy. Mr Laing’s copy seems to have at one time belonged to
Dr Boog of Paisley: Mr Simpson’s was found in the repositories of a
deceased brother, who was a preacher of the Secession communion; but
we have not been able to learn any further particulars than those now
mentioned, with respect to the several MS.S. referred to. The one which
we subjoin, however, and the other documents that we have collected,
will, we trust, render the present, on the whole, the most complete
account of the Glasgow Assembly which has ever yet been published.

In addition to the documents contained in the “Large Declaration,”
“Burnet’s Memoires of the House of Hamilton,” and “Balfour’s Annales,”
we have to acknowledge the accession which we have obtained of some
of the earlier edicts of Charles I. and the Scotch Privy Council,
derived from the original record—an obligation which we owe to Mr A.
M‘Donald of the Register House, and which we prize the more, because
these documents have been _suppressed_ in the various works to which
we refer. To the Rev. Mr M‘Crie, too, we are indebted for the use of a
Collection of Documents which belonged to his distinguished father,
from whence we have gleaned several important writs, the authenticity
of which is established by the duplicates attested under the hand
of Archibald Johnston, the Clerk of the Assembly 1638, still in the
repositories of the Church.

       *       *       *       *       *

[November 21, 1638.]

The first day, the Commissioners from the King and Kirke being
conveined, after prayer be Mr John Bell, Moderatour, agried upon
till a moderatour was chosen, The King’s Commission to the Marqueis
was [read], next the Commissions from 66 severall presbitries wer
given into the Clerkes sone of the former Assembly, together with
the Commissions from townes and colledges, and the names of the
Commissioners red.


Sess. 1.[136]

After in calling vpon the name of God, The Kings Commissioner requyred
that the Commissions might be examined before a Moderatour should be
chosen, least some men should voit in chooseing a Moderatour, who wer
not instructed with a sufficient Commission.

It was answered be the Earle of Rothes, Lord Loudoun, Mr Alexʳ
Henrysone, Mr David Dick, and Mr Wᵐ Livingstoun, that a Moderatour
behoved first to be chosen, before the Commissions could be examined,
for thir reasons:—A Ecclesiasticall Moderatour should be chosen by the
suffrage of such as have given in their Commissions for the Kirke and
Burghes before particulars can be tryed—first, becaus this is the order
and practise of the Kirke of Scotland. 2 reason, It is agrieable to
reason, that the Assembly should descend by degries to the constitution
from a promiscuous convention, to a number instructed with commissions
from the severall Kirkes of the kingdome, vnto whose commission that
much respect is due, that they may be presumed to be, for the most
pairt, valide and worthie, at the least [to] have a voice in choyseing
of a Moderator to themselves, by whose meanes everie commission may be
more exactlie tryed. 3 reason, It is one of the poynts of the freedome
of the Assembly, that the Commissioners from the Kirkes and burghes
choyse their owne Moderatour, incontinent after the exhibition of the
Commission, least any thing which concernes them be done inordourly or
without the consent in the meeting where they are present. 4 reason,
The Tryell of the Commissions is one of the worthiest matters of the
Assembly, and never were there any discussion of the validitie of them
before a Moderatour was chosen, and the judicatorie brought to a frame,
so farre as the whole might judge of everie pairt; nor can they be
discussed till the propper judicatorie be ance sett in a tollerable
maner, which be the lawes hes authoritie to judge thereof. 5 reason,
It was required in all the supplications for a free Assembly, that
the questions belonging the maner and matter of Assemblies, should be
referred to the Assembly it selfe; and, now a free Assembly is granted
and indicted, therefore a formall Assembly must ance be made before
any ecclesiastick question belonging to the Assembly can be rightlie
discussed, which cannot be done till a Moderatour be chosen by common
consent of the Kirke conveened. 6 reason, Seeing it is certaine, that
these who are come doe represent the Kirkes from which they are come,
and are instructed so well as they could be their knowledge, it were
wrong done to the Kirkes conveened, not to suffer them to begin their
owne incorporation, and to draw their oune Members to some ordourlie
frame that at the first entrie they may proceed ordourlie. 7 Reason,
Whatsomever reason can be alleadgit why the Commissions cannot be
postponed to the chooseing of the Moderatour, will be more valide
to prove that they cannot be discussed before the chooseing of a
Moderatour. 8 Reason, _Progressus erit in infinitum_.

My Lord Comʳ his Grace gave way to the chooseing of a Moderatour,
provyding it shall no wayes import his Graces acknowledgement of the
votters, or such as shall be meit, or any of them, to be lawfull
Members of this Assembly. But it shall be lawfull to his Grace, or
any other at convenient tyme, to say they cannot be lawfull Members
thereof; whereupon his Grace took acts and Instruments, as likewayes
protested in name of the Archbishops and Bishops of this Kingdome,
that no nomination or election of a Moderatour, Commissioner, or other
Member of the said Assembly, made or to be made, nor the receaving,
admitting, or allowing of any pretendit nomination, election, or
Commission, before, to, or at the said Assembly, past or to be past in
favours of or in the behalfe of any Member thereof, shall prejudge them
or any of them in their place, voit, office, jurisdiction, dignitie, or
priviliedge belonging to them or any of them, be whatsomever laufull
right or custome, but that the same shall remaine to them, and everie
ane of them, safe and inviolable, notwithstanding of anything done
or to be done at the said Assembly; whairupon the said Commissioner
his Grace tooke acts and Instruments. Farther craved ane other paper
presented be Doctor Hamilton, in name of the Bishops, to be read
publictlie, quhilk being refuised, the said Commissioners Grace
protested, tooke acts and Instruments: farder, the said Commissioners
Grace declaired that his Majestie had appoynted six noblemen, his
Assessours, to repair to Glasgow, and to have voit in the said
Assembly; and for that effect his Majesties Letters, directed to them,
was produced; and accordinglie his Grace desired that, before any
voting of the Moderatour, it should be condiscended that the foresaid
Assessours should have voit, conforme to his Majesties Letters, which
being refuised, his Grace protested and tooke acts and Instruments.

Farder protested that the Bishops, who were authorized be act of
Parliament, are called pretendit Bishops.

       *       *       *       *       *

_The Protestation of the Commissioners fra Presbitries, Burghes, and
Universities, and of the Complaints against Prelats._

We Commissioners of Presbitries, Ministers, and Elders, Commissioners
of Burghes, and Universities, in our owne name, and in the name of
the whole Church of Scotland, whom we represent, That whereas his
Majesties Commissioner protested that he gave way to the chooseing of
ane Moderatour, without acknowledging of the voits of any of them to be
lawfull members of this Assembly; but that it be lawfull to him or any
other to say, at convenient tyme, why they cannot be lawfull members;

We protest that this protestation made be my Lord Commissioner his
Grace, be no wayes prejudiciall to the lawfull commissions produced be
Ministers, Elders, and Commissioners of burghes and vniversities, qˡᵏ
shall be allowed unto this Assembly, nor unto the freedome thereof, nor
be any ground of quarrelling this Assembly and the proceedings thereof,
in any time comeing; but, on the contrare, seeing we offer to heare all
objections in a competent Assembly, at the discussing of the particular
commissions.

We protest that this Assembly, now fenced in the name of the Sone
of God, be esteemed and reputed a free Generall Assembly in all
tyme comeing, and that it shall be lawfull to us to extend this our
protestation, and insert the reasons thereof, in any tyme before the
dissolving of this Assembly; whereupon we tooke instruments.

Lykeas we Commissioners of Presbitries, Burghes, and Universities in
manner foresaid, That qʳas his Majesties Commissioner, in name of the
Archbishops and bishops of this Kingdome, protested that no nominatione
or election of Moderatour, no allowance of any pretendit commission
in favours of any Members of this Assembly, nothing done or to be
done in this Assembly, past or to be past, shall prejudge them in
their voit, office, jurisdictione or dignitie belonging to them, be
whatsomever law or custome: We Protest against this protestation of
his Majesties Commissioner made in favours of the pretendit bishops
and their pretendit priviledges in this kingdome, untill they and yʳ
rights and priviledges now complained upon be the most pairt of this
Kingdome in yʳ summonds, as usurpations, contrare to the word of God,
Confession of faith, doctrine and discipline of this Kirke, to be tryed
and allowed or disallowed in this Assembly, and that the determination
yʳof therein, according to the word of God and Confession of faith, be
esteemed and observed, and most just and lawfull; and we protest in
favours of the liberties, priviledges, and discipline of this reformed
church, and freedome of this Assembly in all ecclesiasticall matters,
conforme to the Confession of faith and Covenant of this Kingdome,
renued with the Lord, and for libertie to extend this protestation, and
the reasons thereof, before the dissolving of the Assembly; qʳupon we
tooke Instruments.

Lykeas We Noblemen, barrones, Ministers, burgesses, and Commouns,
subscribers of the Covenant and persuers in the Commoun Complaints
and Summonds against bishops, Protest that the Commissioner his
Graces nomination of them, the Lords of the Clergie, and protestation
in favours of yʳ calling, voits, dignitie, priviledges, be no wayes
prejudiciall to the Covenant subscryved be us, to the policie of the
Kirke, nor to our Summonds and Complaints against these our pretendit
dignities, titles, and callinges, as contrare to the Confession
of faith and word of God, nor to the freedome of this Assembly in
their trying and discussing of our said Complaints; and we protest
for libertie to extend this protestation; qʳupon we take acts and
Instruments.

Lykeas, We Commissioners for Presbitries, burghes, and Universities,
That qʳas his Majesties Commissioner having craved ane paper, presented
be Doctor Hamilton in name of the Bishops, to be red publictlie, being
refuised, did protest and take Instruments, We protest that before ane
Assembly was constitut, and the Moderatour chosen, we would heare no
supplications, billes, nor protestationes, but after the constitutione
of the Assembly we should heare the same and give them an answer, and
protested that they might be there personallie present for to answer to
the Summonds and Complaints against them, with libertie to adde yʳupon
and tooke Instruments.

Lykeas, quhensoever his Majesties Commissioner protested against our
protestations, both the Commissioners from burghes and universities
on the ane pairt, and the persewars and the Complainers on this, have
renued their protestation against the Commissioners protestations:
We Commissioners from Presbitries, Burghes, and Universities, That
quhereas his Majesties Commissioner produced his Majesties Letter to
Six Noblemen for to be his Assessours, and accordinglie desired that
the foresaid assessours should have voit according to his Majesties
Letter, and protested upon the present refusall of it before the
election of a Moderatour, we protested, that seeing his Grace was his
Majesties sole Comʳ, that none should have voit but the Commissioners
from Presbitries, Burghes, and Universities, for thir reasons, qˡᵏˢ we
are readie to shaw, for thir reasons to the Assembly being constitut
after the election of a Moderatour, and protested for libertie to
extend their owne protestation, and insert the reasons thereof any tyme
before the dissolution of this Assembly: qʳupon we tooke Instruments,
and yʳafter gave in the reasons following.

       *       *       *       *       *

Concerning the voiting of his Majesties Assessours in the Generall
Assembly.

With that respect which we ought to his Majesties Commission, and to
the persons and places of the pryme Noblemen and Counsellours, his
Grace his Assessours, for the preservation of the libertie of the Kirke
of Jesus Christ, in this his Majesties Kingdome of Scotland, we the
Commissioners from particular Presbitries, Universities, and burghes,
here solemnlie assembled, in all humilitie, doe remonstrat that his
Majesties Commissioner and Assessours can have but ane voit, in all
matters treated and reasoned in the Assembly, for the reasons following:

1. Becaus the Generall Assemblies, in the matter of it, is ane
ecclesiasticall meeting of persons ecclesiasticall, Ministers and
Elders, representing the whole particular persons and presbitries
quhilk collectivelie cannot convenientlie or possiblie conveine, and
the Christian Magistrat doth not so much multiply voits for himselfe,
as by his power, auctoritie, and command, and provyde that every
particular Commissioners voit be asked and heard in order and quyetnes,
that thereby the judgement of the Assembly, in everie poynt presented
to their consideration, may be knowne.

2. We have had 39 Assemblies of this Kirke, without the presence of
the Kings Majestie or any Commissioner sitting in the Assembly in his
Majesties place.

3. It is not to be supposed that his Majesties Comʳ should have moe
voits in his Ma. personall absence, then if he were in sacred persone
present, since, _jure representationis_, they are all but ane, and
ought to voit as ane.

4. This might prove contrare to his Ma. graceous intention, very
prejudiciall to the libertie of the Kirke, there being no determination
of the number of voits, for thus his M. affirmative voice might be
turned in a negative; neither doth this Kirke want experience of this
great danger.

5. As assessours sent from particular presbitries for assisting, thir
Commissioners have no place to voit, so it is to be supposed that these
assessours, appointed to attend his Majesties Comʳ, are only to give
their advice and assistance unto his Grace in the great affaires of the
Assembly, that all matters may be orderlie and peaceablie disposed. 6.
Although we doe not pry narrowlie into his Majesties Commission, yet
since we perceave it is granted to the Marqueis of Hamiltoun as his
Majesties sole Commissioner, we cannot admitt that any be equall to his
Grace in voiting in the Assembly.

7. As the Ecclesiasticall Moderatour, be the Acts and practise of
this Kirke, hath some Members of the Assembly joyned to him to be
assessours, who yet thereby have no further power granted to them than
they had before be their Commission, so it is with _preses politicus_.

And whereas, his Majesties Commissioner protested that the bishops who
were authorised be Acts of Parliament were called pretendit bishops,
the complainers against bishops protested that such they were and such
they should be esteemed and called, conforme to the summonds; and the
Commissioners from presbitries, burghes, and universities, protested,
that they should be so called till the complaints against them for the
samen should be discussed, with libertie to adde; whereupon they tooke
instruments.

       *       *       *       *       *

The Moderatour for the tyme having declaired that the constitution of a
Moderatour must be the first act, and goe before the act of examination
of the Commissions, he puts upon the leitts Mr John Ker, Mr John Row,
Mr James Bonar, Mr Wᵐ Livingston, and Mr Alexʳ Hendersone: the leitts
being approven, and Mr Alexander Hendersone was chosen Moderatour be
the voits of all the voits, not ane contrare except his oune.

       *       *       *       *       *

Sess. 2.

[November 22.]

After in calling upon the name of God,

The Moderatour craved that a list might be given for chuseing of a
Clerk.

The Comʳ asked why a clerk should be elected, seeing there was a clerk
there present, and what could be said against him why he should not
execut the office in his fathers lifetyme?

The Moderatour answered—Please your Grace, the clerks sone could not be
called the clerk.

The Commissioner required that the young man might have libertie to
speake for himselfe, who, being permitted to speak, alledgit that
his father was provydit to the office by the dimission of Mr Thomas
Nicolsone, and hath served in the office after his dimission, and hath
keeped the Registers, and hath given out extracts of the Acts and
conclusions of the Assembly; and now being infirme and sicke, and not
able to serve at the tyme, has surrogat me his sone in his place.

The Moderatour answered—Albeit Mr Thomas Nicolsone had the office and
had demitted to his father, yet was not his Father elected by the
Assembly; albeit, he had now possessed the office by the space of 20
yeares, yet I see not how the office can goe by deputation.

The young man answered—That beside the office of Mr Thomas Nicolsone,
his father had the office by election in anno 1616.

The Moderatour answered—That he was not chosen by the voits of a free
Assembly; and whether it was so or not, it matters not now, seeing he
was become old, infirm, and sicke, and so unable to attend frequent
Assemblies, which now we expect be the mercie of God, and with his
Majesties favour and allowance; yet if there be any question in the
matter, I shall ask the voits of the brether; but in my judgement,
Edinburgh being the centure of the Kingdome, quhereunto all subjects
have greatest resort, it is expedient, yea necessar and good, that
the clerk should reside att Edinburgh. I grant the Clerk received no
detriment be his fathers function, becaus his employment was but small.

The Earle of Rothes answered—Albeit his father had undoubted right to
the office, yet the office is not transmissible: whereupon the young
man remitted his interest in the office to the consideration of the
Assembly.

The Commissioner answered—By what power the young man could demitt his
ffathers right?

The young man answered—That he did not demitt his Fathers office, but
onlie submitted his interest in it to the Assembly.

The Commissioner said—That he did not call in question the power of the
Assembly concerning the election of a Clerk, but he desired to know how
Mr Thomas Nicolsone having demitted his right in favours of the young
man his father, and how his Father having enjoyed the office to this
day, how ane other clerk should be elected, he being yet alive?

My Lord Lowdoun answered—That his father being absent, old, and sicke,
could not now supplie the place, and yʳ the Assembly, now conveened,
behooved to see to it, and surrogat ane other in his place—a man of
skill and judgement—seeing he was _civiliter mortuus_—unable to come
hither; yet I speake not this to prejudge his sones benefice, for the
Assembly may consider of it; but if he hes a power from his father, he
may submitt that to the judgement of the Assembly, and the Assembly may
choose ane other without doing wrong to the young man.

The Commissioner answered—If, by reason of Gods hand on the man, they
would yet macke [him] further to be a sufferer and a loaser, seeing
he hath done the pairt of ane honest man, and his gift of office here
doeth bear deputation, why will ye not suffer him to depute his sone in
his place as others have done before? For albeit he be old, infirme,
and sicke, that may not take away his place, if sicknes be on him by
Gods hand, and againe throw time he shall be frustrat of the meanes to
mentaine his life in his old age.

Lord Lowdoun answered—It is charitablie and justlie pleaded, and I
think he should not be prejudgit the meanes of his life in his old age;
but seeing there are here two prejudices in hand—ane to the Generall
Assembly and other personall to the man—the lateis prejudice must yield
to the former, and the Assembly must be served, and the man in his age
and sicknesse supplied ane other way. As for deputation ane other in
his place, we know he hes no power of it.

My Lord Rothes said—That the strenth of his fathers right to the
office was not from Mr Thomas Nicolsones admission, but of that which
the Assembly gave unto him; and what right the young man craved by
deputation, he hath now put it in the hands of the Assembly.

The Moderatour asked—If the clerks place was not vacant for the tyme,
and if it be not vacant, how shall the Assembly be provydit for a clerk
for the tyme?

My Lord Rothes said—The Assembly calls for a clerk, and his father
compeirs not; how is it furnished?

My Lord Lowdoun answered—Let the young man who craves the right adhere
to it, and let it be decydit by the Assembly, or els submitted to the
Assembly, or els choose your oune Clerk.

Whereupon the young man submitted himselfe to the Assembly.

The Moderatour craved that a lite might be given in for chooseing of a
Clerk, and so a lite of four was given in: Mr Thomas Sandilands, sone
to the clerk, Alexʳ Blair, John Nicoll, and Mr Archibald Johnstone; and
it was requyred that these men that shall be elected shall be obliged
to reside at Edinʳ.

The Moderatour asked the Comʳ which of these four his Grace would voit
into?

The Comʳ answered—That he knew not any of them, neither would he voit
to any of them, becaus he had not as yet seene a lawfull dimission of
the present Clerk.

The Moderatour replyed—Then your Grace will be a _non liquet_.

The Comʳ answered—I desire that the voits of the Assessours nominat by
his Majestie might be asked in a nomination of a Clerk.

The Moderatour said—Seeing your Graces assessours get no voit in
chooseing a Moderatour, being a superiour office, it was not fitt to
trouble them with asking their voit anent the election of a Clerk,
being an inferiour office.

The Comʳ craved that the protestation made yesterday might be read over
againe the day, anent the Kings power in appointing of assessours;
which protestation being red,

The Comʳ craved that my Lord Argyle, Traquair, Southesk, Lauderdaill,
might voit according to his Majesties command, given in severall
letters; which Letters being sein and red,

Traquair craved that these assessours appoynted be his Majestie might
have voit, as the custome was in King James, of worthie memorie, his
tyme; and declaired, according to his Majesties command, he was readie
to assist and give his voit.

The Moderatour answered—That it was not want of due respect to their
Lordships that moved them to refuise your Lordships voits in this, but
onlie to mentaine the Kings libertie—quherfor your Lordship had als
goed reason to be als zealous as any in the house.

Traquair replyed—The imployment of this particular was of such small
moment, that except it were in obedience to his Majesties command, he
would never clame it. As to the Kirks liberties, that they should be
preserved; yet why should any in the Kirk debarr the Kings Majestie
from that libertie which to this day he never wanted in any Assembly?
If the Kings Majestie be standing in a particular possession of
assessours to treat, reason, and voit, who should his Majestie be
dispossessed now?

The Moderatour answered—That they should either condiscend to that
his Lordship craved, or else satisffie him in reason; and said, he
would not deny but his Majestie had, in sundrie late Assemblies,
moe asseasours then his one Commissioner, and yet there were also
many Assemblies that neither King, Commissioner, nor assessours were
present: which late Assemblies he wished this present Assembly had no
reason to put them to the tryall.

Traquair asked—If, becaus the King is not present now, as he was not
present in ane other Assembly, if they would exclude him and these
nominat be him to voit in this Assembly?

Moderatour answered—There was no intention to exclude his Majestie, but
rather wished his Majestie were present to be ane eye witnesse to all
thir proceedings, and that he hoped for great favour from his Majestie
if he were present, and that full satisfaction should be given to his
Majestie, by Gods grace, to everie thing.

Sir Lues Stewart said—Seeing it hath beene in use that his Majestie
hath appoynted assessours, Commissioners, and all perteining to the
Generall Assembly, why not now also?

Lowdoun answered—There were sufficient reasons why it should not be
so, and these reasons were put in the hand of the Moderatour to be red.

Thir reasons being red, why the King only should have ane voit,

Traquair said—Not out of any affection of imployment, but of love to
the obedience of so gracious a prince, doe I take upon me to answer
these reasons; neither yet am I of such sharpness, capacitie, and
quickness of witt, to make answer to everie ane of these particular
reasons; yet seeing we are tryed to make answer, we crave ane copie
thereof that we may give our answer thereto, and desires that this
matter of election of a Clerk may not be put to voiting till our
reasons be heard.

The Moderatour said—It is good reason to be so, and all of us hes
alse good reason to be zealous of the Kings honour, authoritie, and
priviledge, as any, yet his Lordship had alse good reason to see to the
Kirkes weill and libertie—the Mother of us all; and when we perceave
that the Kings Majestie, or any in his name, would urge that which may
encroach upon the liberties of the Kirke, they would labour to satisfie
them in reason.

Traquair said—If I knew any thing would conduce more to the
preservation and priviledge of the Kirkes liberties, then that his
Majesties wonted authoritie should continue in the former vigour, I
would condiscend unto it.

The Commissioner said—I render my protestation, made in name of my
assessours appoynted be his Majestie.

My Lord Rothes said—And we also adhere to the protestation made be us.

Traquair craved that his assessours might eik to his Graces
protestation, which was granted.

Then the Voits of the whole Assembly wer craved anent the election of
a Clerk _ad vitam_, and Mr Archbald Johnston was chosen and admitted
unto all the rights, fies, and priviledges, perteining to ane Clerk of
before, to be extractit at large; who, after the acknowledgement of the
weightiness of the charge, and his insufficiencie for it, embraced it
as having a calling from God, and the honourable Assembly.

The Moderatour desired to be informed if any more was requisite for his
admission but a solemne oath of his fidelitie and diligence?

Mr John Row answered—Nothing further, but that he should bring foorth,
keepe, and preserve the Registers of the Church; at least so many as
shall come in his hands, seeing pitifull experience could show how
these Registers had been marred in former tymes.

Then Mr Archbald gave ane solemne oath of his fidelitie and diligence,
and conscious keeping, and use making of all Registers and documents,
was taken of his acceptance and admission.

The Moderatour said—The Bookes and Acts of all former Assemblies should
be produced, and put in Mr Archbalds hands.

Mr Thomas Sandilands answered—That he had receaved no Registers from
his father, but only two books, conteining some acts from the yeare
1590, till the Assemblie at Aberdein, holden 1616. which therein is
only begunne with the Minuts of the Acts of the said Assembly of
Aberdein, in a paper-apairt with the Minuts of St Androwes following
1617, with the acts of the Assembly at Perth, subscribed be Mr James
Sandilands, and delivered the samen to the Assembly: And, being posed
for the rest of the registers, answered, in his fathers name, that he
had gotten these two from the Bishop of St Androwes, and had never
receaved any moe, neither from him, nor from the Assembly, nor from any
uther.

The Moderatour craved that all the Registers might be had and brought
foorth from the hand of any Clerk or haver of them, affirming that
these bookes had in them matters of greater weight then all uther
evidents of land; for they wer the Kirke of Scotlands MAGNA CARTA,
contayning all her priviledges since the reformation. He wished also
that this Assembly should not be deprived of so powerfull a meane of
information for proceeding in matters to be handled there.

The former Clerks sone affirmed that he had destroyed none of these
bookes.

The Moderatour urged the production of these bookes, and desired the
Commissoner to take course for it.

The Commissioner answered—That he was willing to use any good meane
that could be used for production of these bookes, if any could show
in whose hands they were; for (said he) I desire not that any register
should be absent, but, above all, the Kirkes Registers.

My Lord Rothes said—That, by a warrant from King James, the bookes
wer taken from Mr Thomas Nicolsone and the last Clerk, and put in the
hands of the pretendit bishop of St Androwes, and so of neid, force and
course must be taken for getting of these bookes from the Bishop.

Mr Archbald Johnston said—That, by Gods providence, als many bookes
were come in his hands, as should be able to make up a perfite register
of the whole affaires of the Kirke, from the Reformation until this
day, which Bookes he produced on the table, and declared by whom and
what meanes they wer come to his hands—To witt, Mr Robert Winrahame,
Depute-clerk under Mr Thomas Nicolsone, and from him to Alexʳ Blair; of
quhich bookes there are fyve volumes in folio. But Mr Patrick Adamsone,
Bishop of St Androwes, rent ane of them, and yet there are four to
the foir of them, written be Mr James Richie and Mr Thomas Nicolsone,
qʳof the first two containes the acts of Assembly from the year 1560
to 1572, subscribed by John Gray, Clerk to the Assembly; and the third
volume, fra 1586, till 1590, written and subscrived in the margine be
Mr James Richie, Clerk to the said Assembly—the first Booke being ane
great volume of the Acts of the Assembly, fra the year 1560 to 1590,
(whereof he had but ane len from ane minister,) whereof, the first
four volumes the said Mr Archbald declared he had receaved them from
Alexʳ Blair, wreater, who was servant, and succedit in the place of
modifications of Stipends to Mr Robert Winrahame, who had a deputation
from Mr Thomas Nicolsone, Clerk to the Generall Assembly.

The Moderatour said—These are good and comfortable newis unto the
Church of Scotland—that a perfect Register of the Acts of the
Assemblies are yet to the foir, and that it was neidfull that course
be taken for tryell of these bookes, whether they be these same bookes
written be the Clerks, or be their deputs, or Copies only of these
bookes.

It was answered be the Clerk, That they are the same, written and
subscryved be the Clerkis oune hand, and the leaves riven out of ane
of them be the bishop from the 22 to the 27 leafe, may yet be knewen
be the marked number of the leafes. The first Clerk, Mr John Gray, who
subscribed everie Assembly with his hand. The next is also subscribed;
and ane Memorandum on the first leaf of it, where Mr Archbald Huntar
past to the Chancelour Maitland and receavet that Volume, and this
uther, and the halfe of that which was rent by Bishop Adamsone, is
marked in the next booke. The third booke, and the first act of it, is
the election of Mr James Richie, Clerk; which booke is all of ane hand
write. The ane booke is from the 60 to the 70 year; the next from the
79 wherein the bishop of St Androwes is censured and excommunicat; and
now, in God’s Providence, there is now in the present Clerks hands a
perfyte Register from the 70 year to this last Assembly, for which all
of us have reason to praise God.

The Commissioner said—See that we build on ane suir foundation, and try
weill that these bookes be authenticks.

The Moderatour craved that some judicious men, and skilled in
dignoscing hand writtes, might be nominat for tryell of these bookes;
and intreated the Earles Lawderdaill, Southesk, and Argyle to take
inspection of the Bookes.

Argyle objected his youth and unskilfulness for so weightie a charge,
yet, at command of the Commissioner, declaired his willingnes to assist
the work.

The Comʳ said, that if his aune paines could contribute any thing to
the furtherance of the worke, he would be readie to sit up day and
night, but would not lay the burthen on his assessours; for, he said,
seeing it is refuised that they should be Members of the Assembly,
he said he saw not how they could be appoynted for trying of these
Registers.

The Moderatour answered—We are hopefull that their Lordships will not
refuse to further the good of this Assembly, seeing it is said heir, it
is not for want of due respect we owe to their Lordships, but only for
preservation of the Kirkes liberties, as said is.

The Comʳ said—I cannot see how these that are not granted to be Members
of the Assembly, can cognosce bookes containing matters of so great
weight.

The Moderatour answered, that they can best judge.

The Commissioner said—But I cannot consent unto it. Therefor

The Moderatour said—Let the skilfullest of the Clerks of Session,
Counsell, and burrow Clerks, with the Ministers, such as the Laird of
Durie, the Clerk of Dundie, Mr Alexʳ Pearsone, with their Assessours to
help them of the Ministrie.

  Mr James Bonar.
  Mr John Row.
  Mr John Livingstone.
  Mr Andrew Ramsay.

       *       *       *       *       *

[The Moderator called upon] Mr John Row.

Mr John Row answered—That he had yett in his hands the booke of the
Kirke Policie subscribed be Mr James Richie, Clerk, which will serve to
dignosce the hand writt.

Mr Archbald Johnston said he had the principall Booke of Policie,
written in lumbard paper, in his hand, which also would conduce to that
end.

This being judged to be the fittest way for tryell of the Registers of
the Kirk, and makeing them to be authentick,

The Moderatour desyred that the Commissioner would proceed to try the
Members of the Assembly and the Commissions, that soe the Assembly
might be fullie constitut.

The Commissioner answered—That he who yesterday presentit a written
paper from the Lords of the Clergie, desires that his bill or paper
might be first read for information giving, anent the Members of the
Assembly to be constitut; and becaus the reading of it yesterday
was denyit before a Moderatour was chosen; now ane Moderatour and
Clerk also being chosen, I desire this paper to be read; seeing the
objections qᶜʰ were proponed yesterday are now removed, and that
Doctor Robert Hamilton may be called to produce the paper, written in
name of the Lords of the Clergie and their adherents; who being called,
compeired and presented his paper to the Commissioner, desiring he
would give charge to read it.

The Moderatour said—Some parte of the Impediments of reading it in
publict are removed, but not all; for the Assembly is not as yet
constitut fullie. But, so soone as the Assembly is constitut, it shall
be read before any other bill or paper qwhatsoever.

The Commissioner urged still the reading of it before the Members of
the Assembly were agried upon and constitut, becaus the paper contained
many thinges neidfull to be knowen before the Members of the Assembly
be constitut.

My Lord Lowdoun answered—That the reasons proponed yesterday for not
reading of it, are yet standing in force; and as it was inexpedient
yesterday that it should not be read till a Moderatour was chosen, so
it is yet inexpedient till all the Members of the Assembly be fullie
constitut; for, (said he,) there is no Assembly constitut till the
Commissions of the Commissioners to the Assembly be tryed.

The Commissioner replyed—It is a hard cause, that a man cited before
the Assembly should not be heard to object against the Members of the
Assembly who were to be there judges. Who ever heard that a man accused
as guiltie of a fault, was refused to be heard to object against his
judge?

My Lord Lowdoun answered—If the objection wer now against the whole
Assembly, it could not be read before the Assembly wer constitut to be
judges. But if the objections wer against any particular Member of the
Assembly, it were only fitt tyme to object when that mans Commission
were in reading.

My Lord Rothes said—Let objections be given in against a particular
Member and it may be heard, but cannot be heard against the whole
Assembly before it be constitut; and

The Moderatour eiked—If that paper should open your eyes to give
further light after constitution of the Assembly, that the errour of
not reading it before shall be repented in dew time; for no sooner
shall the Assembly be constitut but it shall be first read.

My Lord Commissioner said—I take instruments of your refusall to read
it.

My Lord Lowdoun answered—It cannot be said that the Assembly hes
refuised till it be ane Assembly constitut. Neither yet is the paper
presented to the Assembly, but to your Grace.

The Commissioner replied—Because ye have refuised I took it; and I
crave it might be read.

My Lord Lowdoun answered—So soon as it is an Assembly, it shall be read.

The Moderatour said—Then let us proceed to the tryell of the
Commissions, that the Assembly might be constitut, and then it shall be
read.

The Commissioner said—I am content, so be my Lords of Clergie receave
no hurt nor prejudice; and before yee proceed, 1 ask documents that
nothing be done in tryell of Commissions, and constituting the said
Members of Assembly, to the prejudice of the said Lords of Clergie;
and I desyre that the newlie constitut Clerk may pen ane act for this
effect and give out ane extract of it.

The Clerk answered—I can neither make nor give out Acts without a
warrand from the Assembly; and the Assembly cannot give warrand till it
be constitut.

Then (said the Commissioner) I will take instruments in the hands of
the Lord Register, seeing the Clerk of the Assembly refuses to write.

The Clerk said—I shall write it quhen the Moderatour gives direction;
yea, I shall write it presentlie, but cannot give ane extract of it
till the Assembly be constitut.

The Commissioner said—If ye be Clerk to all, why not to me? Shall I
make a Clerk for myselfe? I did protest before, that niother the Lords
of Clergie nor their adherents should be prejudged in their dignities
or priviledges, by their refuseing to read their paper, presented by Dr
Robert Hamiltoun; which paper containes reasones against election of
the Members of Assembly.

My Lord Traquair said—It is very hard that these reasons against the
election of such and such Members of the Assembly should not be heard.

The Moderatour said—When the Assembly is fullie constitut, then the
Member complained of shall be removed.

The Commissioner said—I still will protest in name of the Lords of
Clergie and their adherents, that they receave no prejudice by your not
reading of their paper before the Assembly proceed to the examination
of Commissions.

My Lord Traquair said—The protestation is upon your refusall to read it.

My Lord Lowdoun answered—Their refusall is no longer then till the
Assembly be constitut; their reading of it is only deleyed till then.

The Commissioner said—But for my securitie I will take instruments of
all in my Lord Registers hand, till that promise he performed; for,
albeit I be his Majesties Commissioner, yet am I a poor subject, and
must answer for my service.

The Moderatour said—I will judge reverentlie of your Graces
proceedings; yet I may say there is a too too burning haste in these
men for whom your Grace pleads, that they will have their bill read
before the Assembly be constitut.

The Comʳ answered—They have reason to look to themselves, seeing it
stands them now on their reputation, dearer to them nor their life;
and, therefore, thinkes it only now fitt tyme to use their best
defences: for what weight will their reasons have when their parties
are constitut their judges? If myselfe were to be constitut judge, I
would not refuise to heare reasons why I shᵈ not be such a mans judge;
therefore, I requeist the Moderatour to state the question, and ask the
Assembly what they think of it?

Then the Moderatour said—There is a motion made anent the reading of
a paper, given in be the pretendit Archbishops and Bishops, and their
adherents, for clearing of yʳ mynds who are present, concerning the
election of the members of this Assembly, and ye did formerlie refuse
it till the Assembly was constitut. Now, it is urged againe; and,
therefore, I ask, whether it be convenient to read it now, or to delay
it to the Assembly be constitut, and the commissions tryed?

My Lord Traquair said—If my Lords of Clergies information be not read
before the voit and judgment of the Assembly be given, and before
a judicatorie be constitut, it shall be to no purpose thereafter;
therefore, it is only craved that then information may be heard, and no
answer shall be craved till the Assembly be fullie constitut.

The Moderatour said—An absolute judgement of the Assembly shall not be
given without reservation.

My Lord Traquair said—Instruments should be taken before they give out
their judgements, that it prejudge not my Lords of Clergie.

My Lord Lowdoun answered—Ye cannot crave the judges Sentence in this
matter before the judge be constitut.

The Comʳ said—We only crave to informe these who should be judges, and
that reasons should be heard wherefore they cannot be judges.

My Lord Lowdoun replyed—It is no wayes competent to this Assemblie to
heare that information as a judge, before yʳ be a judge, seeing that
information shall be alse valide after the Assembly is constitut as now.

My Lord Traquair said—What if it can be showen by good reason, that
such ane election of the members of this Assembly as ye are about,
cannot be; and if this be, how shall it be tymeous to show it after the
election is made?

My Lord Lowdoun answered—The judicatorie being constitut, it shall then
be judged.

The Moderatour said—Whether should our owne or externall instruments be
first heard?

My Lord Traquair answered—When a judicatorie is to be sett, whether is
it more propper to except against those who are to be judges, before or
efter the judicatorie is established?

The Moderatour answered—They shall be heard; but ourselves must be
first heard.

My Lord Argyle said—I compare these here conveined to be ane assise
nominat, but not yet sworne why may not then we, ane pairtie accused,
informe the assise before it be sworne?

The Moderatour answered—We doe verilie perceave great sufficiencie in
the Commissioners Grace, who only should speake here unto us; and if
your Lo. have any information to give in, doe it in a convenient tyme;
and it is not fitt your Lo. should speake here as a Commissioner; and
it will be hard to us to make answer to every difficultie that such a
number of wittie noblemen can propone.

My Lord Lowdoun said—My Lord Argyles instance is verie fitt, if these
men who desires their information to be read would come in here as men
pannelled before ane assise.

My Lord Argyle answered—There is a sort of acknowledgement be them of a
judicatorie here, when they desire such a information to be read before
it.

The Moderatour said—They shall be judged in nothing here till they have
gotten libertie to speak, and except against any Commissioner here
present.

The Comʳ said—If this be ane free Generall Assembly, why may not any
propone their doubts? How can this be refuised to my Lord Argyle and
others, they being Peires of the land, which cannot be denyed to
Scottismen?

After sundrie speaches uttered be my Lord Argyle, Traquair, and answers
given thereto be the Shirreff of Teviotdaill and my Lord Lowdoun,
anent the comparisone taken from assise, it was concluded that the
paper given be Doctor Robert Hamilton, in name of the Lords of Clergie
and their adherents, should not be read till the Assembly was fully
constitut.

       *       *       *       *       *

Sess. 4.

November 24, 1638.

The fourth day, be reason of the Commissioners delay in not comeing at
his appoynted houre, the Moderatour desired that matters to be handled
might goe one in his Grace his absence, and a promise that a full
narration of thinges handled should be made knowne unto his Grace at
his first incomeing, which the Comʳ refuised, seeing he was bound to
give particular accompt to the Kings Majestie of everie thing done,
therefore behoved to be ane witnesse of everie thing that should be
done.

The Moderatour said—We left at the examination of Commissions, which
serves for the constitution of the Assembly; and we crave that we may
now proceed in the examination of Commissions; and the Commission given
in for the Presbitrie of Dunce, was first read; next, the Commission
for the Presbitrie of Chirnaide.

The Moderatour said—We need not to crave the voits of the Assembly
anent every Commission; but, if none speake against a Commission, after
it is read, we will hold silence for a consent and approbation of the
commission.

The Commissioner answered—If ye appoynt that silence shall be taken
_pro confesso_ that the Commission is valide, I protest that my silence
be not so exponed, but that I may have libertie to object against any
Commission or Commissioner, in my owne tyme, becaus for the present, I
am not instructed with objections which I have and will make hereafter;
and to this protestation, the Moderatour, in name of the Assembly,
assented; and so the Clerk went on to the reading of the rest of the
Commissions, and red the third from the Presbitrie of Kelso; the 4
from Jedburgh; the 5 from toune of it; the 6 from Ersiltoun; the 7
from Lawder; the 8 from Selkirk; the 9 from the toune of it; the 10
from Dumbar; the ij from the toune of it; the 12 from Northberwick
toune; the 13 from Hadingtoun; the 14 from Dalkeeth; the 15 from the
Presbitrie of Hadingtoun; the 16 from Edinburgh; the 17 from the
Colledge of it; the 18 from Linlithgow; the 19 from the toune of it;
the 22 from the Presbitrie of Peibles, and a Protestation given in
against it be Mr Robert Ellot, as a Commission purchased be indirect
meanes used be the Lord Traquair.

My Lord Traquair, hearing his name called in question, thought himself
much wronged, being calumnat be such a man, whom he would prove to be
both a bryber and ambitious; and that he should be by him brought upon
the stage before so reverent and grave ane auditour; and complained to
the Commissioner of the Ingiver of the Protestation as ane infamous
lybeller against ane officer of Estate, and Counsellour of his
Majestie; and the Comʳ promised that the ingiver should be censured
according to justice, in tyme and place convenient: therefore, both
the Commission and the protestation was layd by till the fitt tyme of
tryell.

The 23 commission was then read frome the toune of Peibles; the 24 from
Middlebie; the 25 from Lochmaben; the 26 from the toune of it; the 27
from Mentoun; the 28 from Penpont; the 29 from Drumfreis; the 30 from
the toune of it; the 31 from Kircudbright; the 32 from the toune of it;
the 33 from New Gallaway toune; the 34 from the Sanquar toune; the 35
from Wigtoun toune; the 36 from Wigtoun Presb.; the 37 from Stranrawer;
the 38 from the toune of it; the 39 from Air; the 40 from the toune of
it; the 41 from Irving; the 42 from the toune of it; the 43 from Rosay;
the 44 from Argyle; the 45 from Dumbartoun; the 46 from the toune
of it; the 47 from Paisley; the 48 from Renfrew toune; the 49 from
Glasgow; the 50 from the toune of it; the 51 from the colledge of it.

It was asked, why the Colledge of Glasgow put in 4 in their Commission,
when uther Colledges hes but ane, and it was layd by to be examined.

The 52 [Com.] from Rutherglen toune; the 53 from Hamilton; the 54
from Lanerk; the 55 from the toune of it; the 56 from St Androwes; the
57 from the toune of it; the 58 from the Colledge of it; the 59 from
the toune of Creall; the 60 from Kilreny toune; the 61 from Anstruther
Easter; the 62 from Anstruther Wester; the 63 from Pittinweeme; the 64
from Coupar; the 65 from the toune of it; the 66 from Kirkcaldie; the
67 from the toune of it; the 68 from Dysert; the 69 from Kinghorne;
the 70 from Bruntyland; the 71 from Dumfermling; the 72 from the
toune of it; the 73 from Culros; the 74 from Innerkeithing; the 75
from Dumblane; the 76 from Auchterardour; the 77 frome Perth toune;
the 78 from Dunkell; the 76 from Megle; 80 from Dundie; 81 from the
toune of it; 82 from Forfor toune; 83 from Brechen, on the back of
which Commission there was yʳ a declaration written in favours of the
Laird of Din, Commissioner, subscryved be ane number of barons, and
some noblemen to it, beside these insert in the Commission it selfe,
who gave consent to the Commission. This writ, on the backsyde of the
Commission, was for clearing the sufficiencie of it, in respect that
ane vther Commission was granted be the same Presbitrie of Brechen,
appointing my Lord Carnagie, ruleing elder, for ane Commissioner; ane
copie of which Commission, with ane declaration upon the back thereof
was craved be the Commissioner, vnder the Clerks hand, that he might
thereby be the better instructed for objecting against any vther
Commissions, and might have his mynd cleared in sundrie particulars
which might conduce for the furtherance of his Majesties service.

The Moderatour answered, That his Grace should have ane copie of the
Commission itselfe, but not of that which is written on the back of it,
seeing it is not given as a parte of the Commission, but only a privat
thing written by the ingiver, for clearing of his Commission.

The Commissioner said, Seeing that which is written on the backsyde of
it may serve to further my masters service, why should a copie of it be
denyed to me, seeing my desyre is reasonable? I cannot compell to give
it, but, if it be denyed, what can I say but I am vsed in that as in
the vther things?

My Lord Rothes said—The pairtie ingiver hes yet in his power to retreat
and draw back both the Commission and all that is written upon it;
and therefore the Clerk can give no copie nor extract of it till the
Commision be authorized and made lawfull in judgement; for, till that,
as it is only a privat paper which the ingiver may doe now if he have
not a mynd to stand to it.

No, said my Lord Traquair, he may not draw it back, if it may
contribute to the furtherance of the Kings service.

My Lord Lowdoun said he may not only draw it back, but ryve it.

No, said my Lord Traquair, seeing it is now produced in judgment; and
the

Commissioner eikit—Not only is it produced in judgement, but hes at it
the subscriptiones of a number of Noblemen barrons, who we hope will
stand to it.

My Lord Montrois said—We will not passe from a jote of that which may
serve for the clearing of the Commission.

Therefore, said the Commissioner, that which is written on the backsyde
of the Commission, serves to prove the legalitie of the election of
the Commissioner, and is used as ane argument to prove the illegalitie
of ane uther Commission from the same Presbitrie. Why then should
I not have a copie of that which is written on the backsyde of the
Commission, seeing I find it serve much for the furtherance of my
Masters service? My Lord Yester answered—It is not propper for the
Clerk to give ane copie of extract of that which is not insert in the
records of Assembly; and only the Commission will be registrat in the
bookes of Assembly, when it is approven, but not that which is on the
back of it.

The Moderatour eikit—Only that which is given to the Assembly for a
Commission, may be craved of the Assembly; but that which is on the
back of it is not given for a Commission, or any parte thereof, but
only written on the back of the Commission given in accidentallie, and
may be obliterat.

The Commissioner asked, how that could be called accidentall which had
at it the subscription of 40 hand writtes, and produced in judgement to
be read?

The Moderatour said—That on the back of the Commission is only
accidentall, and I shall cleir it by ane supposition. There is ane
evident given in before the Lords of Session, and on the back thereof
there is ane compt written on some privat bussineese of the owner of
it. Shall the Lords of Session, or the Clerk, be obliged to give out
ane extract of the mans compt? No more can the Assembly or Clerk give
out ane extract of that which no wayes belongs to them.

My Lord Forbes said—The ingiver hes power to eike, paire, or draw back
at his pleasure, and such Commissions that are contravened are referred
to ane vther day.

Mr David Dick said, Let the Ingiver of the Commission be asked, whether
that on the back of it serves for approvation of his Commission or not?
for, if it be only a probation of it, then that which is on the back
should not be read till the time of probation, and for the tyme, only a
copy of the Commission may be craved.

The Comʳ asked the voits of the Assembly whether or not a copie of all
should be granted.

My Lord Lowdoun answered, that there could be no voiting till the
Assembly be established; but so soone as it shall be established, it
shall be granted.

Then, said the Comʳ, I take Instruments that such a Commission was
given in to be read, on the back whereof there is a written declaration
of the lawfulness of the election of the Commissioners of Brechin, and
desires it may be keeped in the Clerks hands.

The Moderatour regrated much that the weightie and grave matters of the
Assembly should be thus deleyed, and said that it had been better to
have wanted all the Commissioners from Brechin; quhereat

Southeske cappit and unreverentlie replyed to the Moderatour, that he
wronged them that wronged not him, and whom he had no reason to wrong.

The Moderatour answered—That what he did speake was within the bounds
of reason, and he would be answerable for it to the Assembly; neither
would [he] have expected from his Lordship such an undeserved censure.

Lowdoun answered—That it was ane great wrong that the Moderatour should
be upbraided by any for preferring the publict weill, and the effaires
of the Assembly to any mans particular.

Mr David Dick said, That God will trouble the impeaders of his owne
work.

This was like to have drawen to a great heat if the Commissioner had
not prevented it by commanding them to silence.

The 84 Commission from Ruthentoun was read; 85 from Arbroath; 86 from
Montrois; 87 from Arbroth toune; 88 from Mernes; 89 from Aberdeine;
90 from the Colledge of it; 91 from the toune of it; 92 from Die; 93
________________________; 94 from Ellon; 95 from Turreff; 96 from
Kincardine.

       *       *       *       *       *

Sess. 5.

[November 25.]

After in calling vpon the name of God,

The Clerk went forward in reading the rest of the Commissions; and
the 97 Commission, Garrioch, was first read, and billes of Complaint
given in against the Commissioner, containing reasons why he should not
be receaved as Commissioner, and was referred to tryell. The 98 from
Fordice; 99 from Bamff toune; 100 from Elgin toune; 101 from Strabogie;
102 from Forres; 103 from Forres toune; 104 from Innernes; 105 from
Innernes toune; 106 from Chanrie of Ross, and a protestation against
it by Sir John MᶜKenzie; 107 from Tayne; 108 from the Toune of it; 109
from Dingwall; 110 from Sutherland; 111 from Cathnes; 112 from Orkney,
from Patrick Smyth of Braco,[137] and it was castin, being found nather
from a Presbitrie, burgh, nor subscriving Minister.

The Moderatour said—Now the whole Commissions are read; and of all
there are onlie 13 contravertit; and we have now reason to praise
God, that, be the silence of all that are present, the rest of the
Commissions are approven, and that, in Gods singular favour, we have
place and power to voit and treat of all matters that shall come before
us. As for these controverted Commissions, it is now tyme we should
examine them.

The Commissioner said—If ye proceed to examination, I shall adhere to
my former protestation of libertie to object against any Commission in
my owne tyme.

My Lord Rothes answered—It is now fittest tyme.

The Commissioner answered—I find not yet my fitt tyme to make any
objections, but seeing tyme reserved to me I will choose it.

Then the Moderatour said—Let the Commissions which are in question
be discussed, and begin at the Presbitrie of Peibles, given, October
first, to Mr James Bennet, and Laird of Posso, subscryved be the Clerk.

The Commission was read, and a protestation against it, alleadging that
that election was not free, for many reasons.

My Lord Traquair craved libertie to speake in defence of that
Commission: and

The Moderatour required that he should speake of the Minister who gave
in the protestation, with a respect due to a Minister of Jesus Christ,
till he was declared infamous.

My Lord Traquair answered—That he had no purpose to reckon for the
tyme, but would referre the challenge against him to the Presbitrie;
only craved libertie to regrat that so unjustlie he was brought upon
the stage, seeing he did attest all the witnesses that were present at
the outgiving of that Commission, that he did carry himself humblie and
modestlie, as became a good Christian, intending nothing but a free
and peaceable election; and that he did not utter any crosse word, or
a word smelling of passion or discontent; and he attested God that
the matter was as he said. Then he declaired that there was a formall
process [extract] of that election in the hands of the Clerk of the
Presbitrie, which, being produced, would make it cleare how unjustlie
he was accused; which process he promised to produce the next day.

The Moderatour answered—If the process come from ane honest hand, and
be clearlie and formallie deduced, it shall have faith; and, if the
pairtie protester against the Commission can prove the contrare be
sufficient witnesse, he also must be heard.

Mr Lord Traquair answered—It is hard to heare witnesses agᵗ a eldar,
and formal process given in by a famous Clerk in writt.

The Moderatour asked at Mr Robert Ellot, (who gave in the
protestation,) what he could say? He answered, That it was a vyld
imputation layd to his charge, that he should be ane vnjust accuser of
such a nobleman; but, sayth he, if I have done no evil, why am I called
a basse, ambitious, brybbish boddie, in the hearing of this reverend
assembly? But I passe it, seeing my Lord was called a Carpenter, a wine
bibber, and ane enemie to Cæsar, and that he had a divel; yet I have
said nothing as a libeller against my Lord Traquair, for I was readie
to spend my life in his service; and I judged that he should have lyked
the better of me, that I should have protested against any thing which
seemed to prejudge this Assembly.

The Moderatour asked if the protestation made against that election was
made in a Clerks hearing before witnesses, and if it was written and
marked?

Mr Robert Ellot answered—That he protested openlie, and desired to be
so heard, but it was refused.

My Lord Traquair answered—The process in the Clerks hand will clear all
which is ordained to be produced; and if, after tryell, I be proven
not to have been ane intruder of my selfe, or ane indirect dealler,
seeing I walked so circumspectlie, I crave the wrong done to me may be
redressed; for, before God, there is not a circumstance of that which
is alleadged true.

The Commissioner answered—If he should continue in his office, he
should have the wrong redressed: if not that, he should deale with any
to occupy his place.

To that end, my Lord Rothes said—If there be wrong on his parte, the
censure of it is competent to this Assembly.

The Commissioner said—I intend not to derogat any thing from the
authoritie of this Assembly, but rather would contribut unto it, and
preserve it in its oune integritie. But I would not that the Royall
authoritie should so suffer that ane officer of Estate, being accused
unjustlie, and so wronged, should not be repaired according to Justice.

My Lord Rothes said, that the tryell of this alledged wrong is only
competent to this Assembly.

The Commissioner answered—I doubt not but the Assembly will doe to my
Lord Traquair what is right; but I speake of the King’s right, and I
know the Assembly may only judge in ecclesiasticall matters.

My Lord Traquair said—I declyne not the Assembly as judges in this
matter; for I am content to subscryve ane blank paper, to be filled up
by the Assembly; yea, I darre remitt the tryell of it to any Member of
the Assembly.

The next Commission that was examined was from the Colledge of Glasgow
as singular, containing four Commissioners, when other Colledges hath
but ane, according to the act of Assembly.

The Principall, Doctor John Strong, craved the production of the Act;
and after that the Act was considered, it was found that Colledges
could have no privilidges above a Kirk, and therefore, ane act was
sett downe, that ane colledge should have but ane voit in ane Assembly.

The 3d Commission from the Colledge of Glasgow was layd by till the
Commissioner should find a fitt tyme to object against it.

The 4 from the Presbitrie of Ross. It was objected against it that
it was onlie ane parte of the Presbitrie of Irwing, and it was
acknowledged to be so of old, but was now disunited by the Bishop of
Iles, as was alledged; but becaus it was not clearlie instructed,
neither yet had beene in use to send Commissioners to former Assemblies
as a presbitrie constitut, It is ordained that the Commissioners now
sent shall have no voit in this Assembly; and becaus of ane large
distance of place, and sea betwixt it and Irwing, it was thought fitt
that hereafter it shall contribut a presbitrie of itselfe.

The 5 Contraverted Commission from the Presbitrie of Brechin, which
after reasoning much too and fro, the tryell of it was referred to a
particular committee—

  Masters Andrew Ramsay,
  David Dalgleesh,
  James Bonar,
  John Robertsone,
  Robert Douglas,
  Alexʳ Somervell,

with power to them to take the oathes and deposition of the thrie
Ministers Commissioners for clearing the matter, and reporte the
diligence to the Assembly.

The 6 Commission, from Kincarden presbitrie, was examined; and being
found that the Commissioners were not elected in the ordinar Meeting
place, nor in the ordinar tyme, but only by the Bishop in ane uther
place, and ane uther tyme, and without the consent of elders, and
without the knowledge of particular Kirks, therefore it was rejected.

The 7 Commission, from the Presbitrie of Aberdein, after tryell, was
approven, and Mr James Harvie and Doctor Barrons was rejected, as done
nather in place nor face of a Presbitrie, without any advertisement
to the congregations, and being only subscrived at that tyme by
themselves, who wer Commissioners, and by thrie uther Ministers
thereafter, in their owne houses.

8. Anent the Commissioner of Garrioch, Mr Androw Logie, sundrie
complaints being given in against him, wer remitted to a
Committee—viz., Mr Andrew Cant, Mr James Martine, Mr Thomas Mitchell,
and Dr Guild.

9. The two Commissions given in from the Chanrie of Ross. The Laird of
Tarbet produced ane Instrument against Mr Thomas MᶜKenyies Commission,
and assured the uther lawfull Commissions were comeing. The said Mr
Thomas being rejected, produced a protestation against the Constitution
of this Assembly of Ministers and elders.

My Lord Rothes asked instruments, and protested that such a Complaint
and protestation was given in by the said Mr Thomas. The Commissioner
also tooke instruments of the production of it.

Mr Andrew Ramsay offered presently to prove from Scripture, antiquitie,
consent of uther reformed Kirkes, standing practices of our aune Kirke,
and bookes of Assemblies, that ruling Elders are lawful and necessar
Members of ane Assembly.

The Commissioner, acknowledging his owne weaknes for disputeing of that
question, promised, in a convenient tyme, to bring foorth some who
would dispute against ruleing Members, as no lawfull Members of ane
Assembly.

The last question, about the Commission from Orkney was declared null,
having no consent of Presbitrie, nor subscription of ane Minister,
toune, nor colledge.

The Moderatour answered—Now the whole Commissions are examined, and
found good, except some few. It is now expedient that the sufficiencie
of the Kirke Registers be cleared, that they may be declaired
authentick.

The Commissioner answered—It is a good work; but I have some scruples
not yet removed.

Then, said the Moderatour, Let some be appoynted for tryell of the
Registers; for the Assembly being now fullie constitut, after the
examination of all contraverted Commissions, may give their Commission
for tryell of the Registers, and let their testimonie anent the
perfection of the bookes be given in the morne.

      Masters           Masters
  Andrew Ramsay,    John Adamsone,
  John Row,         James Bonar,
    Robert Murray,
    Alexʳ Gibsone, yoʳ of Durie,
    Alexʳ Wedderburne, Clerk of Dundie,
    Alexʳ Pearsone, Advocat; with such uthers
  as they please to joyne with themselves.

       *       *       *       *       *

Sess. 6.

[November 26.]

After in calling upon the name of God,

The Moderatour said—Let us begin where we left, at the tryell of the
record of Assemblies. There was a Committie appoynted yesternight to
give in their testimonie anent the authentickness of the Registers. If
it please your Grace, let their answer be heard.

The Commissioner having assented,

The Moderatour called upon these who wer appoynted for the examination
of the Registers, to report their testimonie.

Durie said—Please your Grace and this reverend Assembly, We shall
either give in our reasons be word or writt.

The Commissioner said—I desire to heare them give them in any way ye
please.

Then the reasons of the authentickness of the Registers were given in
be writt, and read by the Clerk.

The Moderatour said—Please your Grace, here is the testimonie of these
that have skill in trying the Registers better nor any here present can
relate. Hes your Grace gottine satisfaction?

The Commissioner answered—Verillie it is a matter of verie great
importance, and there shall be no man more glad nor I, to see the
Registers of the Kirke found reall, and proven to be authentick. I am
far from contradicting anything these worthie gentlemen hath done; for
it were impertinent so to doe. I can say nothing at the first hearing
of a paper read; but it may be, that many scruples come in my mynd
concerning them; yea, I have alreadie, whereof I am not resolved. This
is the first tyme that ever I heard it read, and, therefore, I cannot
give my judgment of it. I must confess my ignorance in thir things;
and, therefore, I must be verie loath to give my assent or approbation
to anything wherein I am not both clear and persuaded.

The Moderatour said—Hes your Grace any scruples to propone for the
present?

The Commissioner said—I must think upon all before I propone them.

The Moderatour said—I would desire this reverend Assembly, that if
there be any here, noblemen, gentlemen, ministers, that if they have
any thing to say agˢᵗ this information concerning the authoritie of the
Registers, that they would propone them, either now by word, or in a
short tyme by writt, that this Assembly may make a declaration that
they are authentick; and, if no objection be made against them, we will
take your silence for an approbation of their authoritie. If ye have
any thing to say, bring it foorth presentlie; if not, produce it in
writt against the morne.

The Commissioner said—I am verie confident that there is not the
Regents hand writt.

Durie answered—If it was not his hand writt it wᵈ have _sic
subscribitur_, as all uther copies uses to have. I will not affirme
that everie reason given for proving the authoritie of the bookes is
unquestionallie good; but _que non prosunt singula, multa juvant_. I
daresay this farre: all the Registers of Sessioun, Counsell, and pryme
judicatories of this kingdome, are alse farr short of the Registers of
the Kirke, as these Registers are short of these things treated here.

The Commissioner said—Truely, sir, I cannot but acknowledge these
reasons hath cleared verie much, and verillie they have removed many
scruples that myself had before the hearing of them; so that I will not
contradict them: but I still doubt if that subscription be the Regents
hand.

Moderatour said—If there be any brother that has any copie of James
Richie, or John Gray, clerk to the Assembly, their hand writt, let them
produce, to give farder information to confirme this information; for,
possiblie, some minister or uther that hes some record that may give
testimony and approbation to this hand writt.

Then Mr John Row produced ane copie of severall acts of the booke of
Policie, written be the said Mr James Richie, and subscryved with his
hand; ane uther brother of the Presbitrie, which he had keeped himself
now 52 yeares; and the hand writt of the Assembly Booke and the Copies
being compared, and seene be the Commissioner himself, they were
acknowledged to be ane hand writt.

The Moderatour said—If any man have any thing to oppose against these
bookes, let him now bring it foorth, that ane Act may be made; for, if
no man produce anything, they will be acknowledged be the Assembly to
be authentick hereafter.

       *       *       *       *       *

Then the Moderatour, professing his owne insufficiencie for so weightie
a charge as was now layd upon him, craved that some assessours might
be nominat to joyne with him in a privat conference for ordering of
matters to be proponed in Assembly.

The Commissioner answered, that he would not oppose any laudable
custome of former Assemblies; but let the Clerk and Lord Register mark
that my assent be no wayes prejudiciall to my masters right.

Mr David Dalgleish said—I have seen Assemblies of old, and such pryme
conferences, according to my poore observation, hath wrought great
prejudice to the Kirk; therefore, I would wishe that all were done by a
voluntar consent, and by the concurrance of the whole Assembly.

Moderatour answered—Please you, the advice of the Privat Conference
has done harme to the Assembly, but not the use and institution; for,
of its inowne nature, [it] is very helpfull. They aught, deed, to
keepe themselves within their owne bounds, and doe nothing that may be
prejudiciall to the Assembly; but doe yee think it is possible for a
man to propone matters for so great a meeting without assessours?

The Assembly declaired, there needed no Act be made for assessours,
but that the Moderatour may choose at his owne discretion, some few to
assist him in the ordering and proposition of matters; whereupon the
Moderatour nominat—

  Mr Hary Pollock, Minister at Edinburgh.
  Mr John Adamsone, Principall of the Colledge thereof.
  Mr David Dick, Minister at Irwing.
  Mr David Dalgleische, Minister at Coupar.
  The Earles of Rothes and Montrois.
  The Lords Lindsay, Lowdoun, and Balmerino.
  Sir William Douglas of Cavers.
  The Laird of Keir.
  The Laird of Haughton.
  James Cochrane, burges of Edinburgh.
  James Fletcher, Provest of Dundie.
  Mr Robert Barclay, Provest of Irwing.

My Lord Lowdoun said—Please your Grace, these assessours are only to
advise what is to be done first, and what next, for greater expedition
and acclerating of buseinesse.

The Commissioner said—I have alwayes bene carefull to eschue the
speaking of any thing that might impede this great and good worke, and
so shall I still be; yet must I be carefull that my silence be not
prejudiciall to my gracious Master and Soveraigne; and, I hope neither
your disposition, nor any here present, intends any wrong be what they
say or doe, to auctoritie. But I have bein told that the overtures and
proponing of matters doe principallie belong to his Majestie, what he
thinks fitt to be agitat in the first place, in the midle, and in the
last place; therefore I cannot passe by my just protestation, that this
prove no wayes prejudiciall to my Masters service, and I receave no
imputation by saying nothing. Whereupon his Grace tooke protestation.

The Moderatour said—Your Grace needed not to have protested, seeing the
Assembly was content that everie thing done in the Assembly should be
done with his Graces consent.

My Lord Rothes protested that the ordering and proponing of matters
pertained only to the Moderatour.

The Commisioner said—Indeed I am well pleased to heare that from yow;
but I must be carefull of my Masters right; and I hope it shall be
seene to future ages that I have bein ane honest and trustie servant to
my good and gracious Master.

The Moderatour desired his Grace to condiscend upon an houre for the
Meeting of the Assessours formerlie nominat, and said it was the
custome to meit in the Morning before Sermon.

The Commissioner said—I am told that the tyme and place uses to be
appoynted be his Majestie or his Commissioner, who was alwayes present
at these privie conferences; and therefore I protest that I be present
at them all.

The Moderatour said—We shall be verie glad of your Graces presence and
assistance; for we hope your Grace will be a helpe and not a hinderance
unto us. Therefore lett us know the tyme and place which seemes to be
most convenient, that the tyme be conforme to the dyet of this Assembly.

The Commissioner said—When my leasure can serve, I shall be readie to
give attendance.

The Moderatour asked the opinion of some of the brethren. Mr Robert
Douglas, Mr James Bonar, Mr Andrew Cant, Mr John Bell, said, that the
tyme might be appoynted by the Moderatour; but it must be advertit
that nothing be determined in these privie conferences, nor any thing
prejudiceall to this free Assembly; but only that matters be ordered
and digested be them, that soe things might be rightlie proponed in the
Assembly.

The Moderatour said—I was present at these Conferences, at ane Assembly
in Aberdein In 1616, and they tooke very much upon them, for all
matters were concluded and determined; that the privie Conferences satt
3 or 4 houres, and the Assembly satt but ane houre, and intimation was
only made in the Assembly of their Conclusions, and the Assembly was
asked if they had any thing to say against it; but I hope they shall
hold themselves within their bounds.

The Moderatour said—There uses some to be naimed for receaving of
papers and billes that are to be given in, becaus it will not be
convenient that the whole Assembly be troubled with everie particular
complaint; therefore let some be nominat for vieuing of the Billes,
that hes best skill in matters of this kynd, that they may report to
the Assembly, what is pertinent to be handlit here, and what not.

The Commissioner said—There is nothing that hes bein the order and
custome of Assemblies but I shall heartillie consent unto it.

The Assembly appoynted for receiving of Billes, &c.

The Moderatour desyred that the rest of the Commissions that were not
cleared and approven, might now be examined; and first he desyred to
hear the report of these that were on the Commission for Brechin. They
answered that they were not sufficientlie instructed.

The next was Commission from Peibles.

My Lord Traquair said—For clearing of the sufficiencie of this
Commission, ye may see the whole process under Mr Patrick Purdies hand,
Clerk to the Presbitrie, who is here present.

Mr John Bennet said—We, the Commissioners of Peibles, have hitherto
been silent; now we desyre to be heard, and that this reverend Assembly
would take this matter to their Consultation; for here is ane whole
Elderschip accused by ane man, whereas the Scripture sayes—“Accuse not
ane elder but under the testimonie of two or three witnesses;” and this
Man, ane of our bowells, of whom we expected better things, hes now
brought us on the stage, and spitted on our face, and brought us in
suspition, by surmizing speaches, and open challenges; and this he hath
done under pretence of zeale for the freedome of this Assembly, quhilk
God forbid we should prejudge. We are heir, Men, haters of vyce and
lovers of veritie, willing to give all our concurrance to everie good
worke.

The Moderatour said—It is not an accusation, but ane Protestation; and
it will appeare by the determination of the Assembly, whether he hath
done wrong or not.

My Lord Traquair said—I know certainly they have a Commission most
warrantable; but since now it is contradicted, I submit myself to the
judgement of the Assembly; and I crave that the whole proces may be
read to the Assembly, that it may be knowne on whose parte the fault
is; and if it doe not clearlie improve what Master Ellot hes said,
and make good what I have said for myselfe, or if there be a syllable
or circumstance of that quhilk he alledges true, or if ever I have a
thought in that kynd, I were not worthie to come amongst Christians,
let be to come here; for it is impertinent, if not impudent, for a
man to intrude himselfe in such an action as that which is against
all conscience and dignitie. But I propose not now to use any
recriminations.

Mr Robert Ellot said—My Protestation is not accusation or challenge
against any mans persone, but agᵗ the informalitie of the election of
the Commissioners, least this Assembly should be challenged afterward
for admitting such a voice in matters as was not instructed with
sufficient Commissions. Alway I am sorry that my Lord Thesaurer should
be offendit. I thought his Lordship should not have been offendit;
for, God is my witnesse, I neither intendit, neither have I given any
occasion of offence.

My Lord Traquair said—I submitt to the judgement of this honourable
company, if this be not rather an accusation nor a protestation, and
that in a high streame, challenging me for intruding myselfe in that
bussines after so unjust a way; but neither this assertion nor myne can
take away ane judiciall act. I hope both our partes shall be cleared be
the Proces quhich must have faith, except ye will offer to improve the
writt, and prove the Clerk to be false.

The Moderatour said—It is possible he may give some information for
himselfe, which will not contradict but may subsist with the proces.

Then the proces was given to the Clerk and read.

Traquair said—I doe not say but my judgement may differ from Mr Ellots
or any other mans; but if thare hes been any illegall way usit by
me, I am readie to answer according to law and reason; but if his
judgement doeth not goe alongst with me, I hope this will be no reason
to condemn myne for it; and when this honourable meeting hes considered
this proces, if they be not satisfied, I will submitt myselfe to their
judgement.

Moderatour said—That Mr Ellot had nothing to say against the proces;
quherupon the Thesaurer tooke Instruments, that Mr Ellot acquiesced to
the trueth of the proces.

My Lord Yester requyred that these who were present might be asked
concerning that quhilk Mr Robert had alleadged; for he sayes nothing
contrare to the proces, but something more nor is in the proces. And
he hath given in a protestation only, and not ane accusation; and when
I posed him straitlie, what moved him to give in the protestation, he
tooke God to witnesse that he did it out of conscience and love to the
good of the Cause.

Traquair said—My Lord, let me speake as good friends and Christian
subjects ane to another.

Yester answered—I desire earnestlie it may be so; but it may be I
cannot speake so pleasantlie to your Lordship as I would, be reason of
this throng about.

Traquair said—I take it to be a clame and accusation against the
formalitie of the election; and what is in the proces, I remitt it to
the judgement of the Assembly, and if any thing be called in question
which the proces cannot cleare, I shall justifie ane uther way.

       *       *       *       *       *

Sess. 7. 29 Novʳ 1638.

After in calling upon the name of God,

The Moderatour said—We left at the testimonie which was given by
skilled men who wer appoynted for trying of the Kirk Registers, and
their testimonie was read in your hearing; and we requested all to
bring in this day, their objections and scruples concerning these
registers: now we crave that ane who pleases would object; for if
no man object, an act or record will be insert in the bookes of the
Assembly, declairing that these bookes are authentick.

The Commissioner said—No man here shall have greater joy nor I, to
heare the registers of the Kirk perfyte, and no man shall contrubut
more to it then I, being a matter of so great importance or weight; for
upon the acts set doune in these bookes very much depends. But becaus
ye have heard [objections] be the Lords of Clergie made, and their
adherents, against the legallitie of the proceedings of this Assembly,
I am tyed yet to say somewhat; and I am sorrie that I must protest
against that in word which my heart desires not. Sore greeved I have
reason to be to protest against so good a work as is the restoreing to
the Kirk of her records; yet considering many causes which now I will
not expresse, I am forced to protest against it: ffor albeit these
bookes may be found authentick be the consent of this Assembly, yet may
I doe nothing which may import either his Majesties assent to it or
myne; and therefore heir I make protestation against.

The Moderatour said—We only crave the Assemblys approbation; and if the
pretendit Bishops or any uther will take upon them to improve these
bookes, or any parte of them, they shall be heard. It is pittiful there
should be such a rent in our Church, so fearful, and that any point of
the cause of it shall be imputed to authoritie, if we consider what a
sweete unitie was ance in this Kirk. To clear this unitie, I will read
a testimonie out of the preface of the booke called “The Harmony of the
Confession of the Reformed Kirkes.” After the reading of it in Latine,
he exponed it, shawing the rare priviledges of the Kirk of Scotland
beyond other Kirkes; that for the space of 54 yeares it remained in
puritie of doctrine and discipline, without any errour or schisme,
and gave a reason of it; becaus the Kirk of Scotland was reformed in
doctrine and discipline according to the word of God: so it is clear,
the Kirk ance had unitie, and it is clear also by what meanes and
Instruments schisme hes come in.

The Commissioner said—I pray God the Kirk may enjoy this puritie 40,000
yeares more, if the world should endure so long; yet I must protest,
in more pathetic words, against the authoritie of these bookes (for I
did it in modestie before); albeit, I would give my estate and venture
my life in furthering the Church to be restoired to her registers; but
becaus of the manyfold exceptions I have against the way of the meeting
of this Assembly, and against sundrie persons which are Members of it,
I protest heir, that neither the Kings Majestie nor the bishops be
wronged be any act in these bookes, and that they are not obleist be
the acts of any booke, which is not subscryved be the Clerk of Aberdein.

My Lord Rothes said—Your Grace promised to propone some scruples
against these bookes, wherin your Grace was not yet satisfied, which
we desyre to heare; for they are found, of all who have tryed them,
comparatively authentick, and utherwayes also.

Moderatour said—We are sure if his Grace had perused these bookes, he
would approve them also.

The Roll being called be the Clerk, the Moderatour asked if the
brethren did approve the registers? Who answered that they did; and
desyres that reasons of the approbation might also be insert in the
bookes of the Assembly, and that there was not any protestation made
be his Majesties Commissioner. They desyred also that the Bishop of Sᵗ
Andrews might be summonded for the production of these bookes which are
wanting.

The Moderatour said—Ye heard of a declinatour given in be the
pretendit Bishops and Archbishops, containing many divers crymes and
challenges agᵗ the Members of this Assembly; therefore it is desyred
that some paper may be read containing some answers to many pointes of
their declinatour, and not a full answer, such as shall be given in
hereafter; only this shall serve to give some answer, &c.: which two
papers being read be the Clerk,

The Commissioner said—I did not expect an answer to the Bishops
declinatour and protestations, seeing the declinatour was only
presented to me, wherefore ane answer from the Assembly was needless.

The Moderatour answered—The inscription of the Declinatour sayth, “A
Declinatour to be red before the Assembly,” and therefore ane answer
must be given be the Assembly.

Rothes said—There is no more pertinent matter to be handlit in the
Assembly then that declinatour, which in it hath so many criminations
against the Members of it, and alleadges wronges in the Constitutions
of it.

Mr Andrew Ramsay said—Your Grace hes als good reason to answer and
object against the bishops declinatour as any in this house; becaus
in it they declyned the Kings Grace and his Commissioner, be thrie
testimonies cited be them, and will not suffer him or any other King
or Emperour to hold voice in Assembly, saying, “Nemo preter Episcopos
debet se ecclesiasticis protractibus immiscere.”

The Commissioner said—I thinke they have no intention to declyne
the Kings Majestie as judge, seeing sundrie pairtes of their paper
declaires their reverend subscription to his Majestie. But I will not
wrong these reverend Lords be my disputing of their cause, who am so
insufficient for it; but if I thought they intendit any prejudice
against my Master and soveragne, I would protest als soone agᵗ them as
any.

Then the Clerk was desyred to read some answers made to the Prelats
and some Ministers objections in their declinatour and protestations
against ruleing elders had any voice in the sentence of excommunication.

The Moderatour answered this—The Presbitrie hes it, and they as members
of the Presbitrie. Further, he said, these papers being unperfyte, and
not having fully exped all that is to be answered to be the bishops
declinatour and protestation agᵗ Elders, there is the more to be
expected; and in the meanetyme we are obleist to God that the lyke
declinatour and objections wer given in be the remonstrances against
the Synod of Dort; so that we neid no uther answer to the bishops
objections then these the Synod of Dort made to these remonstrances.

Then the Moderatour red the answer out of the booke of the Synod of
Dort, and said, this is _Judicium Theologorum magne Britanniæ_.

The Commissioner answered—Heir is a man by me, who desires to make
answer of that which ye have red from the Synod of Dort.

Balcanquell asked libertie to speake, seeing he was not a Member of
the Assembly; pleading so farre, of the caice of the remonstrances and
our bishops was different in two maine respects—therefore the same
answer could not serve the bishops declinatour, which was most valide
agᵗ the remonstrances:—first, becaus the matter of the remonstrances
accusations was anent points fundamentall, such as election upon
foirseene faith,—universalitie of Christs death, and co-operation of
Gods Grace with our will—resistabilitie of Grace,—the finall apostacie
of the saintes: in which pointes, and uthers of that nature, are all
bound, under the paine of damnation, to betake them to the one syde;
and therefore the remonstrances could not justlie declyne the Church
of the Low Countries in questions of that nature, though they had
before that Synod, cleared themselves to the contrarie; for if any such
exceptions are of force to declyne a Nationall Assembly, of necessitie
they behoved to be referred to the judgement of strangers; but the
questiones in the Church of Scotland were not anent fundamental poynts
of religion, which, by our Confession, are declaired to be eternal and
unchangeable, but anent matters of policie and order, which the twenty
first article of our Confession shawes to be alterable. Secondly, he
excepted that the Kirke of the Low Countries had not before that Synod,
bund themselves by oath and subscriptioun, against the doctrine of the
remonstrances, as we in the Kirke of Scotland had done against the
bishops, and the causes depending betwixt us and them.

The Moderatour said that it was a questione of great difficultie, to
decerne what pointes are fundamentall and what not; and, if this whole
Assembly were sett to it, it would take them to the morrow at this
tyme. Secondly, That Synod of Dort did not pronounce these pointes
controverted betwixt them and the remonstrances to be hereticall, but
only to be erroneous. Thirdly, Doctor Feild, and uthers, distinguishes
errours in two fundamentall poynts about the foundations of these
that are more remote, and _preter fundamenta_. In the first sort,
meir ignorance was damnable, but, in the third, obstinacie, as Doctor
Feild instances Pauls cloake, what became of it, or whether Onesimus
was Pauls Servand now. Now the Moderatour assumed that Dr Balcanquell
would not affirme that sinne ignorance of these pointes of Arminianisme
was of the selfe damnable. Fourthlie, Our Church holds, that all the
maine poyntes of her discipline ordour, were warrantable by the word
of God; and that, be God’s grace, we are able to prove it to be so;
for the second article of our Confession, declareing Ceremonies to be
alterable, it is to be exponed only of the circumstances of the tyme
and place.

Mr David Dalgleish addit two answers farder:—1, Antient Counsell had
proceedit, and finds themselfes competent judges, even when matters
of inferior degree are questioned, as in the questions of Novatus and
Danatus. 2, That the Bishops wer indytit for poyntes of heresie, such
as the Doctor acknowledged to be fundamentall poynts—to witt, poynts of
Poperie and Arminianisme.

Then the Moderatour said—Seeing, in Gods providence, this Contestation
is tymeouslie fallen in, it is fitt that this Assembly should voice,
whether they find themselves competent judges to the pretendit Bishops,
notwithstanding of the Declinatour and Protestation?

The Commissioner said—I find in myselfe a great contrarietie—causes
of joy, but greater causes of grieff; causes of joy, that I am able,
before God and all that heares me, to make good all the whole offeris
his Majestie hes made to this Kingdome, be severall proclamations
and declarations, and more also. But I have sorrow that I cannot
goe on so as to bring matters in hand to such ane peaceable end as
I would; therefore, before ye proceid further, I will renew all my
protestations, made in name of my Master, and Lords of Clergie, here. I
will present unto yow his Majesties gracious pleasure, signed with my
owne hand by his warrand.

Then the Clerk tooke and red it, and it containes a discharging of
the Service Booke, Booke of Cannons, High Commission; ordaines the
5 articles of Perth to be no more urged, and gives libertie to the
present Assembly to represent their judgment of these articles to the
next ensueing Parliament; and that no oath be taken of ministers but
that which is insert in the Act of Parliament. It promises Generall
Assemblies to be indicted als oft as shall be found expedient. It
showes that his Majestie is content that the bishops be censured be
the Generall Assembly, and that he intends no change of Religion.
It hath a command to subscryve the Covenant and band made 1580 and
repeited 1589. After the reading of it,

The Commissioner said—Now, I hope all these to all aspersions, anent
change of religion, are declared to be unjust; so, if any change of
religion had bein intendit, this Assembly had never been granted, nor
yet these offers made unto yow. I am entrusted with a full commission
for the preservation of religion, punishing of vyce, and to consider
of all the just exceptions against the Bishops and Episcopacie, and
have power to rectifie all the abuses of that office, so farr as that
sort of government may still remaine in the Kirk, as government not
contrare to the word of God; and anent the practice of this and uther
churches, I have power to limite it so, that it shall not be able
to wrong the church; and, if they wrong it, they shall be punished:
yet, my commission is more ample than I will expresse. But, seeing I
have not found that respect dew to ane Commissioner, and know what
prejudicat opinion these here hes of me present, and, when I consider
what directions were sent from the Tables of Conveiners of Meetings
at Edinburgh to presbitries, be noblemen, gentlemen, ministers, and
uthers, it gives me just occasion to declair, that I can give no
consent to any thing that is heir done; and to cleare what I have said,
I present heir two uther papers, ane sent from the Table at Edinburgh
to presbitries, the uther from persons to their friends, and I desyre
they may be red. I cannot designe the men who sent these papers; but
sure I am these papers are sent, dispersed through the kingdome, and
that mens proceedings are according to the directions of these papers;
for there is not a Commissioner chosen but Covenanters, or, if any
uther be, there is a protestation against him, or else they are chosen
becaus none other could be found. I find, also, ane absolut resolution
to mentaine the lawfulnes of the election of ley Elders, to voit here,
and the election of ministers by ley Elders, and everie thing in this
Assembly going on contrare to the practice of all former tymes and
positive lawes of this kingdome: Therefore, I can acknowledge nothing
to be heir done by the voit of such men. In the meane tyme, I desyre
that this declaration of the Kings will, may be insert in the Bookes
of the Assembly, as ane testimonie of his Majesties sinceritie in
religion, and that he hath no intention of any change in Religion, and
is readie to perform all that is here promised, and what further may
conduce for the peace of the land, and especiallie, that Assemblies
shall be indicted als oft as the affares of the Church shall requyre.

       *       *       *       *       *

_The Moderatour his Speach to the Commissioner his Grace._

It weell beseemeth us, his Majesties Subjects, conveened in this
honorable Assembly, with all thankfullnes, to receave so ample a
testimonie of his Majesties goodnes, and not to disesteeme of the
smallest crumbes of comfort that falles unto us of his Majesties
liberalitie. With our hearts doe we acknowledge before God, and with
our mouth do we desyre to testifie to the world, how farr we think
ourselves obleist to our dread Soveraigne; wishing that the secrete
thoughts of our hearts, and the way wherein we have walked this tyme
past, wer made manifest. It hath bein the glorie of the reformed
Churches, and we accompt it our glorie after a speciall maner, to
give unto Kings and Christian Magistrats, what belongs unto their
places; and as we know the fifth command of the law to be a precept
of the second table, so doe we acknowledge it to be the first of
that kynd; and that nixt to pietie towards God, we are obleist unto
loyaltie and obedience to our King. There is nothing due unto Kings and
Princes, in matters ecclesiasticall, which, I trust, by this Assembly,
shall be denyed unto our King: ffor, beside auctoritie and power in
matters civill, to a Christian King belongeth, _first_, inspection
over the affaires of the Kirk, _et debet invigilare_ not only _super
ecclesiasticis sed super ecclesiastica:_ He watcheth not only over
Kirkmen, but over Kirk matters. _Secondly_, The vindication of Religion
doth also belong unto the King, for whom it is most propper, be his
Majestie, to vindicat Religion from contempt and all abuses, he being
keiper also of the first table of the law. _Thirdlie_, The functions,
also, are in his Majesties hand, to confirme, be his royall auctoritie,
the Constitutions of the Kirke, and to give them the strenth of a law.
_Fourth_, His Majestie also hath the power of Correction: he both
may and aught compell Kirkemen in the performance of their dueties
which God requires of them. _Fifthly_, The Correction, also, must be
from the Prince, who hath power from God to coerce and restraine them
to his terrour and auctoritie, from what beseemeth not their places
and callings. _Sixth_, The Christian Magistrat, also, hath power to
convocat Assemblies, when they find that the urgent affaires of the
Kirk doe call for them: and in Assemblies when [they] are conveened,
his power is great, and his power aught to be heard—first, as he is a
Christian, having the judgment of discretion in all matters debateable
and contraverted; next, as he is King or Magistrat, he must have the
judgment of his eminent place and high vocation, to discerne what
concernes the Spirituall weill and Salvation of his Subjects: and,
third, as a Magistrat singularlie gifted with more then ordinarlie,
gifts of knowledge and auctoritie; and we heartilie acknowledge that
your Grace, as his Majesties high Commissioner, and representing his
Majesties Royall persone, hes a cheefe place in this reverend and
honorable Assemblie—first, as a good Christian; next, as ye are his
Majesties great Commissioner, and third, as ane endued with singular
graces, and after a speciall manner, fittest for this employment.
Far be it from us to deny any thing that is done to these who are in
supreme auctoritie, or to such as are subordinat unto them and delegat
be them. When Alexʳ the Great came to Jerusalem, he desyred that
[an] Image might be sett up in the temple, which the Jewis modestlie
refuised as inconsistent with the law, which was the law of God, but
libertie offered in their power, and more honourable for the King,
that they would begin the reckonings of the tymes from his coming to
Jerusalem, and would call all the first borne sons be his name. What is
Cæsars or what is ours, let it be given to Cæsar, but [let] the God by
whom Kings reigne, have his owne place and prerogative—be whose grace
our King reigneth and we pray may long and prosperouslie reigne over us.

The Commissioner said—Sir, ye have spoken as a good Christian and
duetifull subject.

The Moderatour said—Indeed we take this to be a free assembly indicted
be his Majesty, and we trust that all thinges in it shall be so
moderat, that the word of God and reason shall seeme to proceed in
everie thing, and that we shall not goe forward ane steppe, but as a
clear light shall be holden out before us; and we trust to make it
evident to all men that we cannot not darre not walke in ane uther way,
and we are hopefull, that such a righteous King as ours is, needs
nothing but to have a clear trueth pointed out before him, and when he
sies it, he shall fall in love with it.

The Commissioner said—I am hopefull that ye will proceed so as ye are
obledged by your oath of alleadgence, and I trust that all his commands
shall be found to agrie with Gods commands.

The Moderatour said—It is our heartie wishe it be so; and we rander to
his Majestie heartie thankes for this Assembly, and we trust that, be
Gods assistance, in nothing shall we pas the bounds of a free Assembly.

My Lord Lowdoun eikit and said—As your Grace hath declaired his
Majesties graceous pleasure, to the contentment of all the hearers, in
condiscending to many points of the petitions of his subjects, for the
which we heir rander, as the Moderatour hath said, heartie thankes; and
we humblie desyre ane copy of the Prelats paper, conteining so many
criminations against us, opposing this lawfull constitut Assembly, that
we may consider it and censure it, and thereafter the giving of it,
according to the word of God and Constitution of this Kirke, may cleare
ourselves of all the imputations layd to our charge.

The Commissioner said—It hath a claus in it, as I remember, bearing
registration; therefore ye may get it.

My Lord Lowdoun said—But we crave that we may have ane copie of it,
with your Graces allowance, out of the Clerks hands.

The Commissioner said—I will not hinder yow to cleare yourself of any
imputation layd to your charge; but I will not suffer yow to goe on in
censureing the prelats as I wishe I might.

My Lord Lowdoun said—We trust that all our proceedings against them
shall be found frie of partialitie.

The Moderatour said—As before I asked if the bookes and Acts were the
rule whereby their faults should be censured, Sir, now I ask if this
Assembly finds themselves competent judges to the Prelats?

The Commissioner answered—If they proceed in the censure of their
persones and offices, I must remove myselfe.

The Moderatour said—A thousand tymes I wishe the contrare; and I
intreat your Grace to heare the voites of this Assembly in this matter,
seeing it belongs to the Assembly to be judge of their Constitutions.

The Commissioner said—I must not wrong myselfe, and much more the great
bussinesse I am entrusted with, if I should argue the question with
such a learned man as yow are; but I thinke it strange, notwithstanding
the exceptions, documents, protestations, and declinatours usit be
me in name of my Master and Lords of the Clergie, that they can take
this matter to the consideration of the Assembly. Surely it is not the
Bishops but the King ye have adoe with?

The Moderatour said—I must yet ask if this Assembly finds themselves
competent Judges?

The Commissioner said—I wish that question mar be deferred this tyme.

The Moderatour said—It is only the fitt tyme to propone this, after the
reading of the declinatour; and I am only a servand to this Assembly,
and can doe nothing at myne owne hand.

The Commissioner said—I can tax your carriage in nothing you have done,
as a wise and discreit Gentleman; but I see now that this Assembly hes
determined to go on for all that can be said; therefore I may no longer
keepe silence, but oppose myselfe unto it.

Rothes said—It seemes that the Commissioners Grace hath exceptiounes
against this Assembly—for two reasons—first, becaus too many ruleing
Elders have voice in it; to which I answer, there are no more nor are
warrandit be the word of God, practice of uther Kirkes, and positive
law of this Kirke; and if that any yet thinke that Elders should not
have voice in this Assembly, alse free as any in former tymes, let them
cleare it be good reason, for we are yet readie to dispute the matter.
The uther exceptioun his Grace seemes to have against this Assembly is,
that he thinkes partialitie will be used heir, and that matters are
determined by us before hand, as his Grace hath laboured to cleare be
his two papers that are red, which are said to come from the Tables at
Edinburgh; but we deny these papers to be ours; and heir I produce the
two verie true papers which came from us, which have no thing in them
so absurd as is said to be.

The Commissioner said—I excepted not agᵗ your privat, but against your
publict papers.

Rothes answered—There came no papers from ws but these two be me
produced; and if any uthers there be, they are only the advice of
privat men to their privat friends; and if any thing be worth the
challenging in these papers, let the author of them answer for it.
And now we crave and humblie entreat your Grace if there be any
exceptiounes against our former proceedings, that they be declared;
for we are verie hopefull to justifie all we have done to the full,
and that we shall be able to defend all as warrantable: for we never
intendit but to proceed according to the word of God and lawes of this
Church and Kingdome.

The Commissioner said—Your refuiseing to give voit in this Assembly to
the Kings Assessours, is enough to prove the contrare, if there were no
more.

Rothes answered—Their voits is contrare to the Constitutions and
liberties of this Kirke, and therefore our refuiseing must not be taken
in evil pairt.

The Commissioner said—That the Kings Majestie hath bruiked the
priviledge of having assessours to voit in Assembly these 50 yeares
past, and why not in this Assembly, seeing our King hes showen such
myldnes and benignes, and hath not uttered any angrie word since I came
to this Kingdome?

Rothes replyed—As we acknowledge that he hath beene a good and graceous
King, so whatsomever is competent to be done to such a King, shall be
done by us, to witt, at his willing, obedience heartilie prayes and
wishes that he may lang and prosperouslie reigne over us; and if we
doe not so, let not Gods blessing be upon us. But we must so proceed
as this free Assembly be not prejudged, nor the liberties of this
Kirk impaired, seeing we must make answer to ane higher judge. If the
privilege craved were in matters that were in our power, we would soone
have yealded; but seeing they are not, I thinke we should be excused.

The Commissioner said—Seeing ye will not give to our King what was
given be our predecessours, I cannot thinke ye will have that obedience
ye speake of.

Rothes answered—Obey we will, in everie thing dew to his Majestie, be
the word of God and lawes of this Kirk, and shall be readie to thrust
out of doores all such as will be utherwayes. But if that which is now
craved was given in former tymes, not by a right law but by a corrupt
practice, and matters were caried utherwayes in his Majesties absence
then they should when many moe corruptions, as now to be redressed, why
not that amongst the rest?

The Commissioner said—It is enough for us to prove that he had
Assessours.

My Lord Rothes said—Let your Grace say that he had be right, and we
shall agrie to it.

Moderatour said—Thinkes your Grace of these worthie and Noble Lords
that sitt by yow, that this is refuised out of any disobedience to our
King, or disrespect to these Nobles, but from a respect to God and his
Kirke, and these Commissions may verie weill agrie?

The Commissioner said—No man may thinke but our graceous King will
mentaine the liberties of his Kirk in all heartie and sincere wayes as
any of his predecessours, and thinke he nowayes intends to incrotche
vpon the liberties of the Kirk at this tyme, but only to defend it
from the oppression of over-ruleing Elders; and yet I tax no man—for I
have no charge to that end; and if I had, I thinke I have a heart to
execute my Masters Command as ane other Man. But our King, intending
only the maintenance of the puritie of religion in a quyet maner; and,
therefore, I desyre that nothing be put in practice in this Assembly
by ley Elders, which hath beene so long out of practice. If these
Elders should have beene pleased that this Assembly should have beene
constitut, after the late ordinar maner, and than have comed in and
claimed their right to sitt and voit here in a fair way, I thinke it
would have beene granted; for what could conduce more to further a
Kings end, and strengthen his auctoritie in ane Assembly, than that a
number of wyse and learned laymen should have voit in it? But becaus he
intendeth only the preservation of the puritie of religion, he cannot
consent that ane Assembly should consist of such a great number of
ignorant men, wanting abilitie to judge matters to be handlit heir, but
desyred only that this Assembly may consist of the Churches owne pure
Members, that so she may receave no prejudice heir.

Lowdoun said—I perceave the maine objection against the voiting of the
Ruleing Elders is yet urged, and their ignorance to judge in matters
that are to be handlit heir; therefore I offer heir to dispute, that
the office of a Ruleing Elder is warranted by the word of God, practise
of uther Kirkes, and lawes and practise of our owne Kirk, and referris
the decision of the question to the Assembly as the only competent
Judge. The question is alreadie dispute heir be Doctor Balcanquell,
and it is grantit from the testimony of the Synod of Dort, that Elders
have voit in matters of faith, and matters of discipline and order;
and where it is objected that these Elders at the Synod of Dort were
learned and judicious men, able to dispute and treate of the greatest
matters in the Latine tongue, and these heir assembled are not such
for the greater pairt, I answer, it is not alwayes men of the greater
place and learning who bring foorth clearest light in matters that
concerne religion. There are heir a number of Gentlemen and burgesses
of the lowest sort, trained up at schooles and colledges, taught all
the grounds of religion, and able to decerne trueth when it is pointed
forth; therefore—seeing be the lawes and practice of this Kirke, such
hath beene in use to voit before, and we have offered to dispute
the matter yet more—referring the decision of the question to this
Assembly, we hope there is enough said for clearing of our power.

The Commissioner said—It is hard for me to make answer for everie
speach of such a number of learned and understanding men. But, as I
remember, Doctor Balcanquell said not that the Elders of the Synod of
Dort had voice in matters of faith.

My Lord Lowdoun answered—It is true the Doctor made a distinctione of
more and les fundamental poyntes of faith. But that Synod did determine
what was more fundamentall and what was less fundamentall poyntes
of faith; and it is clearlie proven that the Elders had voit in all
matters proponed their.

The Moderatour said to Doctor Balcanquell—Let the question be yet
stated and agitat; for the question now in hand is not, whether the
office of Ruleing Elders be warranted by the word of God—which I thinke
none will deny—but the question is, whether the Elders, according to
the Acts of Assembly and Customes of this Kirk, hes place to voice
heir? And if ye, or any, will be pleased to conferre or dispute the
question, we are ready for it. The Convocation House of England
would not be content that any should say, “Your Church is not weill
constitut;” far les can we heare it said to us; therefore we would
be glad to heare what ye have to say in this question; and if the
Commissioners Grace would stay, we trust he shall heare this and many
uther questiones discussed.

My Lord Rothes said—The Commissioner seemes to take speciall notice of
that expression which was in the Letters from Edinburgh, called the
Tables; as if the Letters from these Tables did import a judicatorie;
therefore I desyre to cleare it. When great numbers were conveined in
Edinburgh from the sense of evills lying in this Kirk, and wer joyning
together in putting up a supplication to the Lords of Counsell, my
Lord Thesaurer taxed us for such numerous Convocations, quhilk as
the Convocation was out of love to Religion, which seemed to be in
hazard, and therefore everie man having onie particular interest,
conveened: we answered, that such a Convocation behoved either to be,
or Commissioners in their name; and your Grace desyred that when ye
came to Edinburgh, that the toune might be emptied of such multitudes;
and your Grace ordained that the schires should convene be their
Commissioners: therefore, when the Commissioners from schyres and
presbitries mett, and sett downe, what absurditie is in it, to call
them so mett, “a Table,” seeing it is not called a Counsell Table, or a
Judiciall Table, such as the Prelats called their Tables? If we called
it a Judiciall Table, let us be hanged for it. A taylors table, sitting
with his men sewing about it—so called a Table—or a company eating at
such a mans table, there is no absurditie in the speache; and we did
not call ourselves “The Tables,” but uthers gave it that name.

The Commissioner said—I except not much against the name of Table;
neither have I spoken any thing in passion against it, albeit I be
naturallie passionat; yet I thank God there hes not much passion
escaped me heir. I have no caus of passion to heare these Meetings
called a Table; for there is passion enough at my heart, that I find
so much power at these Tables, and so little at the Counsell Table—for
it is weill knowen, your positive Counsells are more regarded nor the
Kings Counsell Table. But I forebeare to speake more. I could bring
foorth many moe just causes and exceptions against your proceedings,
but I know they will be to no end; for I feare your prejudged opinion
of all that I can say.

My Lord Rothes desyred that his Grace would bring foorth any one
instance wherein any had failed at that Table.

The commissioner said—Ye know that all the ordour from them hes been
readilie obeyed, but little or nothing from the Counsell Table.

My Lord Rothes said—I know neither direction nor obedience given in
any thing from that Table, but according to the word of God, and lawes
of this Kirk and Kingdome.

The Commissioner said—I came not heir to recriminat, and therefore I
pas it.

My Lord Rothes said—Please your Grace to heare the true directions from
that Table; for, in trueth, I never heard of these given in be your
Grace; and, when ours are read, we trust we shall be found to surrogat
no auctoritie to ourselves.

The Moderatour said—If any good success come from these directions, it
is to be imputed to God, and not to their auctoritie.

My Lord Lowdoun said—I would ask at your Grace, what are these
directions from the Counsell Table, which have not gotten readie
obedience from us? For I know none but such as could not be obeyed for
conscience sake, and that cannot be compted disobedience.

The Commissioner said—I know that all my Masters Commands are
justifiable, and such as good Christians should obey; and I thanke God
for his righteous and clement heart.

My Lord Lowdoun said—We think that your Graces labours hes still turned
matters to the better, and we pray it may be so still, till thir
matters be at ane end.

The Moderatour said—I would ask the voits of the Tables, whether you
thinke yourselfes a Nationall Assembly or not?

The Commissioner said—If I could patientlie continow, I should tell
my opinion; but seeing now my loyaltie and faithfull discharge of my
Commission is in hand, I must remove my persone; for my estate is not
so deare to me as my reputation and fidelitie to my Master.

The Moderatour said—We only crave the renewing of your Graces former
patience.

The Commissioner said—I cannot assist nor consent to any thing that is
done heir, except ye adhere to that which ye have heard red, in the
sealed paper; and still I protest that nothing done here may inferre
his Majesties consent or myne, or yet oblidge any of his good subjects.

Rothes said—After many supplications were presented to his Grace, your
Grace was imployed for satteling of matters, and we expected a happie
conclusion when your Grace promised to deale for a free Assemblie; and,
if any just exceptiones were against the Prelats persone or discharge
of their office, it should be referred to the Assembly: And now the
free Assembly is granted, and is fullie constitut. If your Grace, who
is a cheafe Member of it, be protestation and deserting of it, labours
to make this Assembly most unfree, it is more nor we expected. If your
Grace hath any just exceptioun against our former proceedings, or
doth feare that we shall not proceed in such a just maner as becomes
us, we are readie to cleare our selves. In both we shall repell, or
give satisfaction, for bygones, or for tyme to come—the law of God,
and Constitution of this Kirke, shall be ane rule, as it hath beene
hitherto.

The Commissioner said—I attest God, I have laboured as a good
Christian, loyall subject, and kynd countryman, for the good of this
Kirke, laying aside all privat considerations, as I shall answer to
God; and, at my last going to Court, I said to some of my particular
friends, that I should doe what in me lay for procureing a free
Generall Assembly; and now a most free Generall Assembly hath beene
procured and indicted: but things in it are so carried that it is
like to be a most unfree Generall Assembly. For the reasons I have
alreadie expressed, glad would I be to have it utherwayes, as there
is nothing which, can be proponed, keeping my self within the bounds
of my Commission and fidelitie to my Master, but I shall doe it; for I
desyre to [serve] God, my King, and my Countrie. But a weightie burden
is layd on the back of a sillie young man overcharged with a toilsome
bussinesse, and unable to bring it to such ane end as I would.

Rothes said—And the present evils, and further inconvenients like to
come by your Grace rysing, must be ane; and we protest that we are free
of all: Therefore it must lye upon these unhappie men; they are the
band of all the evils, and their source sends foorth all thir secrete
suggestions and privat whisperings against Ruling Elders, is a chiefe
cause of this.

The Commissioner said—But I heard these men sweare that, for procureing
the peace of the Land, they were content to lay downe their offices and
livings, and leave this Kingdome. I grant the offer is but small, for
the Prince whom they serve can make it up another way.

The Moderatour said—I wische these men were more wise then to make
themselves more odious to the land, by moving your Grace to leave this
Assembly; for it is evidentlie seene by all, that they are the cause of
your Grace rysing.

The Commissioner said—I grant the cause is be urging in of a
declinatour and a protestation against lay Elders; but, truelie, they
are free of this my declaration, now red in your hearing, which I
desire to be insert in the bookes of the Assembly.

The Sheriff of Teviotdaile said—The paper your Grace craves to be
insert, is full of grace and goodness, and the registration of that,
proves the bookes to be an allowed Register, and the Assembly to be
lawfull; and if your Grace hath protested against the auctoritie of
these bookes, and lawfulnes of this Assembly, and will leave it as
unlawfull, how disassenting are these?

The Commissioner replyed—Whenever I have assented, it shall stand good.

The Moderatour answered—Your Graces direction to registrat these papers
in this, is ane acknowledgement that these bookes are good.

Mr David Dalgleishe said—I perceave, by your Graces speach and the
Bishops paper, that they desyre to be cleared of these foule aspersions
and imputations given in lybell against them. If, then, your Grace
shall leave this Assembly, it is evident that they have the wyte of it,
and have no will to be cleared, but would have all their challenges and
imputations lye undiscussed.

The Commissioner answered—I am sure the Bishops desyres nothing more
then to have a lawfull hearing before a judge free of partialitie; but
no man will submitt himself to a judge whom he thinks his partie, as
they think this Assembly to be.

Mr David Dalgleishe said—If I were in their case, and judged myselfe
free of such imputations, I would submitt myselfe to the meanest
subject of this kingdome, let be to such an honourable Assembly.

My Lord Lowdoun eikit—If they would declyne the judgment of ane
nationall Assembly, I know not ane competent judgment seat for them
but the King of Heaven; and, as for us, we sweare we have no personall
prejudice at them: but in sua far as they have wranged the Church, the
King, and Countrie, we desire they may be censured for it.

The Commissioner said—I stand to the Kings prerogative as Supreme Judge
over all causes, civill and ecclesiasticall, to whom I think they may
appeale, and not let the causes be reasoned heir.

My Lord Argyle desired the Assembly to heare him a little before his
Grace should departe, and said—I was called to this Assembly by his
Majestys command; but now, being come, I desyre to cleare myselfe, that
my pairt hes bein fair in every thing that I know, neither as flatterer
of the Kings Grace, nor for my own ends. I have not striven to blow the
bellowes; but studied to keepe matters in als soft a temper as I could:
and now I desyre to make it knowne to you, that I take you all for
members of a lawfull Assembly, and honest countriemen. As this Assembly
consists of members civill and ecclesiastic, I wishe that care may be
had that this bodie may byde together, as ye all band yourselves by the
late subscryved Confession of Faith; but I desyre that nothing be done
in this Assembly to the wronging of that Confession subscryved by us of
his Majesties Counsell, as if I had subscryved it with a mynd different
from that which all had at the first making and subscryving of that
Confession.

My Lord Lowdoun answered—Your Lordships protestation is very
reasonable, seeing it is very scandalous that ane Confession should
be subscryved be the Lords of his Majesties Counsell and Session,
and ane uther be the bodie of the countrie, as if they were two
different Confessions of Faith among the professours of ane religione
in ane kingdome; therefore, it is earnestlie desyred of all, that the
Confession of Faith be cleared, and a full explanation of all the heads
and articles of it, that all may heartilie joyne in ane Religion, and
duetifull obedience to our King, and that no slander goe abroad to
uther nations.

The Commissioner said—What is done by warrand of auctoritie shall be
cleared by the lawes of this Kirk and Kingdome, and wayes also shall be
found to cleare his Majesties intention and will.

My Lord Lowdoun replyed—We are nothing diffident of that, neither is
anything of that sort said by us to prescryve your Grace; but seeing
two Confessions are subscryved of divers constructions, as humble
supplicants we desyre that the Confession may be cleared, that all his
Majesties subjects may be joyntlie tyed to God and the King.

The Commissioner said—I had warrand to give order for that and much
more, but alace! I may not now stay.

My Lord Rothes said—It is pittifull that the Confession should not be
cleared, seeing it is subscryved with three severall Constructions, and
in Aberdein by some after a Popishe maner, admitting all the ordinances
of the Kirk introduced or to be introduced, and this is the Papists
implicite faith; by uther with that Construction only which it had
when it was first subscryved anno 1580; and a third sort with a mere
abjuration of all novations introduced since that tyme: therefore it is
necessar that the Confession be cleared in the Assembly.

The Commissioner said—I cannot stay now.

My Lord Rothes said—Becaus your Graces departure was surmized this
morning, therefore it was found necessar by this Assembly that a
protestation should be made against your Grace. But we are most
unwilling for to present it, and would rather intreat your Grace to
propone your scruple and exceptions against this Assemblie, that they
may be cleared. If your Grace will not, but will depairt, we must
protest that your Grace hes depairted without a just reason.

The Commissioner said—I make a declaration that nothing done heir
in this Assembly shall be of any force to bind any of his Majestys
subjects; and I in his Majesties name discharge this Court to sit any
longer.

[_The Commissioner leaves the Assembly._]

And while the Commissioner was in depairting, this protestation against
his depairture was put in the Clerks hand and red, and Instruments tane
of the protestation.

The Moderatour said—All that are heir knowes the reasons of the
meiting of this Assembly; and albeit we have acknowledged the power
of Christian Kings for conveining of Assemblies and their power in
Assemblies, yet that may not derogat from Christs right; for he hath
given divine warrants to convocat assemblies whether Magistrats consent
or not: therefore, seeing we perceave men to be so zealous of their
Masters commands, have we not also good reason to be zealous toward our
Lord, and to mentaine the liberties and priviledges of His Kingdome? Ye
all know that the work in hand hes had many difficulties, and God hes
borne us through them all to this day; therefore, it becometh us not to
be discouradged now by any thing that hes interveined, but rather to
double our courage when we seeme to be deprived of humane auctoritie.
He desyred some of the brethren should speake a word of encouragement
and directioun to the Assembly, as God shall put in their heart for the
tyme.

Mr David Dick said—Ye all understand that the great worke now in hand
hes bein from small beginnings; for at the first, we intendit only to
exoner ourselves, and to leave a testimonie to the posteritie that we
bure witnesse to Christs oppresst cause. We thought the Cause desperat
when we wer chargit to buy the Service Bookes under the paine of
horning; yet we gave in supplications to the Counsell, desyring us to
be heard against such indirect proceedings. When we knew not what to
doe nixt, God hes led us on steppe by steppe, keeping us still within
the compasse of his word and lawes of this Kingdome, for any thing that
we ken; and we have only followed our caus with humble supplications
to our King, and protestations against that which we could not obey;
and it is evident that God hes accepted our testimonie—for his hands
are about us still—for if he had not directed us, and his hand had not
guyded us, we had beene long since confounded in our witts, and could
have done nothing for the compassing of this great worke, more nor
young children; neither could we have continowed in ane mynd till this
day, if ane spirit had not told us. Seeing the Lord hes led us in a
safe way to this day, he is now to crave a solemne testimonie of the
Kirk of Scotland, and to ask of everie Man, who is his God? And we have
clearlie presented unto us, a lesson of our fidelitie to our Lord from
my Lord Commissioner. He hath stood punctuallie to the least point of
his Commission. It becomes us to be als loyall to our God, seeing we
are not restricted to particulars as he: Therefore, seeing this Court
is granted to us of God, under our King, and with allowance of our
King, and a parliament indicted to warrand all the Conclusions of it;
and now he hes drawen back his granted warrand, shall we for this be
disloyall to our God, and slyde from that which He hath granted? If we
goe not, we shall prove tratours both to God and our King; or if we
be silent, and passe from this Assembly, how shall the will of God be
demonstrat to our King in pointes controverted? There is not a meane to
informe our King fullie and clearlie, but the determinations of this
Assemblie: Therefore we must now proceed, and so proceed as all our
proceedings must answer for themselves, and, it may be seine, we have
proceedit as good subjects to God and our King. We must either goe
on, or take upon us all the imputations of scandalous and turbulent
persones, and grant that there hes been als many wranges as there had
been false imputations layd out against us; and this were to sin more
deeplie, and to quyte these glorious priviledges which Christ hath
granted to us, above all our Sister Churches, seeing there is not a
meane to cleare ourselves to the Christian world but this. Let us goe
on, putting over the matter upon our Lord and Master, and he shall
answer for us at the Court of Heaven, and justifie us in the eyes of
all that are wise.

Mr Hary Rollock was called next, who uttered a speech to the effect
foresaid.

Mr Andrew Cant, and some uther of the brethren, spack likewise to the
same purpose.

In the meane tyme came in

My Lord Erskine, before the Assemblie, and, with teares, did regrait
his so long refusall to subscryve the Covenant, and was now most
willing, with heart and hand, to subscryve it, if the Assemblie would
be pleased to accept of him: the seeing and hearing whereof caused
no small matter of joy to the whole Assembly; acknowledging, with
admiration, the wonderfull Providence of God—that some had deserted and
gone from them, so uthers were sent unto them. To encourage them there
were also, at that tyme, four or five uthers, some whereof had been
in uther countries, in tyme past, who all did enter in ane Covenant
with joy to themselfes and the whole Assembly. After which, the voites
of all the Assembly were craved by the Moderatour—Whether they would
adhere unto their Protestation newlie red, or continow to the end of
the Assembly now discharged?

All and everie ane of the Assemblie except six or seven, declaired
solemnlie, that, with all their heart, they adhered unto their
Protestation, and promised to continow till this Assembly, after the
settling of all matters, be dissolved be commoun consent of the Members.

The Moderatour, having renewed the question againe, Whether they found
themselves lawfull and competent Judges to the pretendit Bishops and
Archbishops of this Kingdome, and the Complaints given in against
them and their adherents, notwithstanding of their declinatour and
protestation? The whole Assemblie, except four, declared this Assemblie
to be most lawfull and competent Judges to the pretendit Bishops and
Archbishops of this Kingdome.

The Moderatour having called upon the name of God, this Session
dismissed.

       *       *       *       *       *

Sess. 8.—Novʳ 29, 1638.

Moderatour—I must intreat yow, honourable and welbeloved, to consider
yow are in the sight of God, who not only requires inward reverence,
but also outward respect; becaus these who hath beene our old
adversaries, and hath now declaired themselves to be so, hath spoken
reproachfullie against this Generall Assembly, especially becaus of the
tumultuous carriage of the Members thereof, when they speake concerning
the suffrages—the voits of the Members of the Assembly. But that no
such occasion may be given to them heirafter, let your carriage be
grave as in the sight of God. Keep yourselfes quyet; becaus ye ought to
have your judgements exercised about the matter in hand, and elevating
your mynds to God to send downe light; and, when he sends downe a good
motion, ye may expresse it with gravitie, and that two or thrie speake
with leive—not that I assume any thing to my selfe, but I am bold to
direct yow in that, wherein I have the consent of your owne mynd.

       *       *       *       *       *

After in calling upon the name of God,

The Moderatour uttered these words:—The Assemblie is not fullie
constitut—not that I call the lawfullnes of it in question, for the
authoritie of it is manifest—but let us leave nothing undone that is
necessar for the constitution thereof. There are some Commissions
controverted, quhilks are not yet discussed; therefore let the
Committies delyver their papers, and tell their judgements.

Then the Clerk called the Committie of Peibles.

Moderatour said—Have ye found these Commissions good and valide enough?

Answer—We find no reason against it; but yet we think it good to heare
any that hes any further information.

Moderatour said—If there be any Member of this Assemblie that hes any
further information to give to the Committie for the Presbitrie of
Peibles, let them give it in to my Lord Burlie at 4 o’clock.

Then was the Committie for Brechin called on.

Mr James Bonar said—We are not able to give ane answer to the Assembly
as yet, in respect we have not mett since. But if the Assembly please
to give us farder tyme we shall take farder tryell.

Moderatour said—Think ye not that ane of the fyve Commissioners that
are pretendit to be chosen, Mr Lawrence Kinneir, who is designit be
both sydes, may voit presentlie in the Assemblie; and no question if
the Assembly knew the Man, none would object against his persone, and
his Commissione cannot be cantraverted, since both pairties hath chosen
him?

Lowdoun said—Enquyre both the pairties if they have any thing to object
against him.

Carnagie was absent.

Moderatour asked Din if he had any thing to object, who

Answered—I beleive it is knawen to the Committie who tooke the oath
of the Ministers concerning the declaration of the veritie of the
businesse.

Moderatour—We’ll heare the judgement of the Assembly.—Then he called on

Mr David Dalgleishe, who approved that Mr Lawrence Kinneir should have
voit. Then he called on

Mr Robert Dowglas, who said—I was upon the Committie, and I think it
meit to let it lye, and let none have voiting till tyme it be better
sighted; for it may be, informalitie be found on both sydes—for
Carnegie being absent, it is good to let lye to see if he will compeir
to-morrow: if not, consider if the uther have such insufficiencie that
it cannot stand as a Commission; and if it be not insufficient, let him
voit.

The Moderatour desyred ane uther of the Ministers of Carnaigies
Commission to stay still, becaus he was a reverend Father, and was
acquainted with the Assemblies. Though his Commission was not lawfull,
yet he may be a witnesse to their proceedings: who answered, he should
stay if the Assembly would allow of his Commission.

Moderatour said—We are not to give sentence whill the morne.

Moderatour said—In the declinatour and protestations given in by the
Prelats, there were some exceptions tane against some worthie men
[who] came out of the Kirk of Ireland, admitted Ministers in Scotland,
and now chosen Commissioners to this Assembly; therefore it is good the
Assembly had all their mynds cleare concerning them: and after that we
will not have much adoe with Mr Robert Blair, Mr John Livingstoun, Mr
James Hamiltoun; for Mr Alexʳ Turnbull he is under censure.

Mr Robert Blair said—We have our reasons to give in against the unjust
proceeding of the Prelats against us in Ireland, proving their Censure
to be null. If the Assembly thinke it expedient, we shall read them.

Moderatour said—Doe ye remember the words of the Declinatour concerning
yourselfe?

Mr James Hamiltoun said—These are the words: “also some Ministers under
the Censure of the Kirk in Ireland.”

Then the Reasons were given to the Clerk and publictlie red.

Moderatour said—Take head to these Reasons that ye may object and
propone in any thing wherin ye get no satisfaction.

Mr Robert Blair said—There were some that were under censure, and we
were never chargit; only we heard about a year after we came away they
were seeking us.

Mr David Dick said—Moderatour, I will tell some thing to cleare that,
becaus I am their neighbour. Now, I heard that when they wer under
proces, the bishops had respect to their not comeing back againe, or if
they came, it might scarr people from hearing of them.

Moderatour said—I believe our Church is independent, and depends not on
the Church of Ireland.

Mr Blair said—And there is not ane in this Assembly that adheres to
the Confession and Covenant of the Kirk of Scotland, but the Prelats,
both heir and there, judges them all worthie of the deepest censure
that their pretendit power can inflict. It had bein small matter that
some four or five of ws been carceired, were not thereby the publict
caus had been woundit; for the same prelats are alreadie to charge this
whole Assemblie with the same, wherewith they charge us; therefore, if
there be any heir who have any thing to say, let them doe it publictlie
in the face of this Assemblie. If the declarations be not cleare, the
Assembly may get full assurance of this.

The Moderatour said—Ye have not a mynd to bring this Assembly to a
snair; but if there fall out any thing to be written against the
Assembly, ye will cleare the same by writt.

Mr Blair said—We promise so to doe, and for our owne parte, we thinke
all that speakes in ane Assemblie, should speake in the sight of God.

Shirreff of Teviotdaill said—I thought to have gotten farder
satisfaction and some information concerning your depairture out of
this Kingdome, at first removed.

Moderatour said—Weill remembred; for there is something of that in
the Proclamation, saying these who made Sermons against Monarchicall
Government are Members of this Assembly.

Mr Blair said—I thank God that, by occasion of this and that which
the worschipfull Shirreff have said, my declaration of this point is
occasioned, all which of my owne accord I would gladly have motioned,
were not I feared the imputation of takeing up too much tyme in
this Honorable Assembly. I first take God to witness, that all the
afflictions that hath befallen me from my youth, at my hand, hath
beene, for aught I know, for constant adhereing to the Confession
of Faith of the Kirk of Scotland, since the day that Perthes Acts
were determined, where I was present, and the Lord furnished me with
resolutions to stand to the trueth, which there I perceaved to be
oppressed. And I am sorie that this declaration, if I be particular
in it, will force me to expresse the names of some whom rather I
would desyre to sparr. It is weill knawne, while I was a Master of the
Colledge of Glasgow, there came a learned Countryman of myne, that
had been in forraigne pairts, and promised to reduce the Colledge to
conformitie to Perthes Articles; and finding me somewhat resolute
to stand out, it made some little grudge in that learned mans mynd.
There was addit to this ane uther in a publict theological dispute.
It fell out that a poynt of Arminianisme in the poynt of election,
where foirsein faith was mentained by that learned mans schollers,
who came out of France with him, I being the opponent. What I say can
be justified by a Commissioner within this house, who will be loath
to utter it unles he be put to his oath, in respect of the respect
that he beares to that learned man. This being the Controversie,
standing out against the corrupt course of conformitie, and that in
a dispute I taxed that Arminian poynt in my notes upon Aristotles
Ethicks and Politicks. Heirupon I, not being called to any publict,
civil, or ecclesiasticall Judicatorie; but in ane accademicall or
schoele meeting I was called there, and examined upon some dictats in
Ariatotles Ethicks, where I stood before all the Universitie, offering
dispute upon all that I had taught, and for three houres dyted aff
hand answers to the questions that were made, subscryved them with my
hand, and offered that they should be transmitted to the Kings Majestie
of blessed memorie. This being done, Mr Robert Wilkie, Rector of the
Colledge, being a hearer, stood up and said, “Would to God King James
himselfe were present to hear the declaration that this man hes made:”
Lykewayes, Mr Robᵗ tooke me in his armes and thanked God that I had so
far cleared myselfe. Perceaving what undermyning powers were against
me and the course of the tyme, I resolved to have resigned my place,
whereto I was bound seven yeares: wherupon Mr Cameron, that learned
man—a learned man indeed, whose name I wished altogether to have
spaired—perceaving he was lyke to have lost his thanks for labouring
to reduce me to conformitie, dealt with me in privat, and ingadgit
himselfe that I should ryse to preferments if I would be drawen to
conformitie, and that it was ane happie occasion to give up my name to
the King, having declaired myselfe to their satisfaction. Ane uther
poynt—the Archbishop of Glasgow was drawen on this course to examine
the poynt; but perceaving how he had bein led, and that malice had
caried on the course, he delyvered my papers wherein I had given my
answers, and would not take them back againe, and told to a worthie
man, Mr James Robertson, that he perceaved the ground of all the matter
was meere malice against me, and withall sent for me and requeasts
me not to leave the Countrey, for I should shortlie be provydit for:
And after I had gone to Ireland, he declared to my brother-German, Mr
Wᵐ Blair—a grave and judicious man, knawen be the most parte of the
Assembly—that he was resolved to plant me in the Kirk of Air, where God
by his providence hes now brought me. This was written to me the first
moneth I was in Ireland—and moreover, there was ane Letter written be
the Archbishop of Glasgow to King James; and before he wrote it he send
for me and said, “I fear there be some that not only carries evill will
at yow but me in this matter, and least we should be both wranged, I
will write ane Letter to his Majestie for our exoneration;” and thene
he wrote ane letter, and there was an answer returned to me by my Lord
Alexander, Earle of Stitlings sone, resolving me that the King was
more nor satisfied; and so there was no cryme layd against me, but that
I proponed some question out of Aristotles Ethicks; swa there was never
any judiciall proces, let be ane sentence against me: only there was
ane academick meeting, and becaus I wearied of philosophie and demitted
my place.

The Moderatour said—Then it is unjustlie said by same, that being
censured, yow are put out of the Colledge.

Then Mr George Young and Mr Robert Baillie and Mr Zacharie Boyd
declared that he had related the matter truelie.

Mr John Adamsone said—There is ane generall accusation against them as
is against the whole Assembly; and so they are but scandalls.

Moderatour—They scandall us for having laick Elders, and we shall make
it manifest be the word of God, that we should have them. Then the
Moderatour called on sundrie members of the Assemblie—Mr Robert Wilkie,
Mr James Bruce, Mr Androw Ramsay; Nobles—Johnstoun, Lowdoun, Cranstoun,
who answered they were all satisfied.

The Moderatour said—Altho’ the prelats accusation be generall, yet for
stopping of the mouth of malicious persons, we will stryve to answer
any particular that we can perceave they ayme. Ye remember that there
are some generall thinges in the declinatour concerning some ministers
under censure and not, were stryving to find out who they could meane,
bethought they be not named; and we find that there were some under the
censure of the High Commission: Mr David yow are one.

Mr David Dick said—I was admitted Minister of Irwing before Perth
Assembly six months; and having understood that Perth Articles were
given out, I fell to and studied the cause as I should answer to God;
and being under sickness for the tyme, I held me quyet the space of two
yeares and heard all men and [carried] not myselfe hither and yond:
and last, when I saw it lyke my life should not have been long, I saw
it necessar to give my testimonie to that trueth that I thought was
borne downe. The Bishop got notice that I spake frielie, and yet in
such modest termes as they would not have gotten me in the calk; for
within three or four yeares after my entrie, was summondit before the
High Commission. I compeired; and becaus it was the first day of the
Bishops their new roofe—having gotten the greene wax from Court—that
is, that day they were made sole bishops as they were not before—I
tooke course, after the incalling of the name of God, to doe as became
a faithfull member of the Church of Scotland, to mell with what
belonged to my calling, I drew to a declinatour of that Judicatorie,
because I was inhibited be act of Parliament. When. I red my summonds,
I looked wher they should have said, “James, be the Grace of God, King
of Great Britaine,” and I found that they said, “James, be the mercie
of God,” &c., “and John, be the mercie of God, Bishop of Glasgow,”
which I made a reason of my declinatour, and offered to be judged by
the first General Assembly; and this declinatour they turned to be
my quarrell: which day I was appointed to waird; and least I should
be mistane, albeit I acknowledgit not their sentence, I removed from
Irwing, in regard to the Kings auctoritie, to Turray, where I was three
quarters of a year. After, I was, by the diligence of my Lord Eglintoun
and the toune of Irwing, by my knowledge, brought to Glasgow, where
Cameron tooke in hand to convert me or to put my heid in the perrill;
and after I had talked with the Bishop, I obtained this honour that he
should not make conformitie the matter of my challenge, but wherein I
had done wrang to auctoritie I would cleare it. And my Lord Eglintoun,
Mr John Bell, and Mr Robert Scott, who is now dead, was present when I
cleared myselfe, to have done no wrang to auctoritie by my declinatour.
After this the Bishop of Glasgow gave ane warrand to my Lord Eglintoun,
under his hand write, to send for me to keip for my exoneration. I took
Instruments of my hand, comeing to Irwing: heir the act and the letter
of the Bishop, which I desyre the Clerk to read.

The Moderatour said—I hope the brethren hes gotten satisfaction.

The Moderatour called on Mr Samuel Rutherfuird and said to him—Were you
not sent to Aberdeine by the High Commission?

Mr Samuel sayes—Most true. I was sent in and summonded be the High
Commission for divers pointes the Bishop of Galloway lybelled against
me, and there was nothing at all proven against me, notwithstanding
three severall dayes I was before them; and the third day they had
no uther question to propone but these wherewith they attempted me
the first two dayes—only the matter of none conformitie which I stand
by; and upon this they sentenced me, after I declared, by write, the
unlawfulness of that seat, and that I durst not be answerable to
the King to acknowledge that Judicatorie, becaus it was against the
standing law of the Kingdome. Notwithstanding of this, they proceedit
against me, deprived me of my ministrie in Anweth, and confined me
in Aberdeine. I watched on in Edinburgh, desyring the Clerk to give
me ane extract of the sentence, but could not get it, and the reason
why he schiftit me was, becaus the Bishop of Galloway caused him adde
a pointe to my sentence that I was not sentenced for—to witt, that I
should exercise no ministeriall functione within the Kings dominions.
The Clerk denyed it was a pointe of my sentence; notwithstanding, the
Bishop of Galloway caused adde that pointe, and I could never have the
extract of it, onlie I got the Copie of it, and so I went in without
a charge; and, heareing that the Secrete Counsell had accepted a
declinatour against the High Commission, I came out without a charge.

Clerk sayes—By Act of Parliament, all the Kings leidges are discharged
to give obedience to any judicatorie, but that which is established by
Act of Parliament and lawes of the Kingdome; therefore ye ought to be
condignlie censured for entering into waird.

The Moderatour said—Earlstoun, yow have beine lykewayes under their
Censure; who answered—I was confined in Wigtoun under the High
Commission, where I gave ane appellation to the Counsell which Lorne
can declair.

Argyle said—Indeed I remember weill of the Decreit past against
Earlstoun when I was in England, and, when I came home, it was the day
before Earlstoun was appointed to goe to waird. I desyred earnestlie
that he might not be confyned but fyned; and so the pretendit Bishops
did, which is not overseene in their dittay. There was a decreit given
out from the High Commission upon no warrand but his none compeirance,
as if he had bein present _in foro contentissimo_. The Bishops went
on as if he had compeired, and decreitit all that was libellit, as if
it had been proven; and the Bishop eikit, at his owne hand, “becaus
Earlstoun presumed to protest.” Upon this I found it was a litle
informall, and desyred Earlstoun to forme ane bill and give in to
the Counsell. When the bill was given in, I dealt with the Bishop of
Galloway, to see if he would keep it from a publict hearing, and he
was satisfied, but afterwards he was not so willing. I insisted and
solicitat the Counsell that they should be content to dispense with the
confynement, upon the payment of his fyne, which they were content with.

Moderatour said—I beleive verilie that these to whose eares the voice
of the speakers hes come, be satisfied with that which hath bein said.
If any be not yet satisfied, or hes any point or circumstance to show
that they have heard objected against thir worthie Men, let them bring
foorth.—Since there is nothing to say, let us goe on.

Although we doe not match or equall the Confession of Faith of any
reformed Kirk with the word of God; altho’ we doe not make it _formam
fidei sed formam confessionis;_ yet we have great reason to think
reverentlie of our owne Confession; because uthers, who have bein
Strangers, give a great testimonie to it. That it may be the better
thought of, it is expedient that we have a cleare understanding of
the particular articles therein contained, especeallie these that are
controverted. Ye know what a bussines hes bein about the subscriptions
of the Confession of Faith—some subscryving it with some interpretation
of it, or application to the Seruice Bookes and Cannons, and uthers
subscryving that of late tryed by his Majestie, and the short
Confession of Faith, with the generall band nakedlie, without any sick
application or interpretation, subscryvit be the Counsell. We are
to think advisedlie to it as of great importance, and hope we shall
heare somewhat to give us light to encouradge us to goe forward in the
interpretation thereof, that that light we have may shine to uthers.

Argyle said—I should be glad that all that are heir might heare me to
the full; and least I should be mistaken of what I said yesterday, I
would gladlie let it be heard to this company, I intendit that two
thinges should have beene knowne before we parted in the termes we did.
The first was, onlie to take the Commissioner and States to witnes on
the one parte, that what had beene my parte in all this bussines was
neither flatterie nor seeking my owne ends; that, upon the uther pairt,
it ought to be knowne that I was never a desyrer of any to doe anything
that might wrang soveraine auctoritie, but studied to keepe thinges
in the fairest order I could. The second thing was truelie, I heard
some dispute was like to grow by somewhat that was spoken be Doctor
Balcanquell concerning the Constitution of this Church; and, although
it was incumbent to me to beware that that dispute should not grow
dangerous—that when a whole Kingdome was entered in a nationall oath,
the Assembly might not enter in any dispute, nor go in any thing that
might prejudge any thing that by their owne knowledge and consent had
been done; I say it was incumbent to me to beare witnes that nothing
should be done prejudiciall to that voit; not that I thought that I
desyred it should not be tane to consideratione what it were, becaus
some hes done it doubtsomlie—uthers hes referred it to the Generall
Assemblie—uthers, not out of any dislike to religion, subscrivit it as
the meaning of it was when it was first sett downe, which I now adhere
unto, and declaires, that in the publict way that we did it, it was
as it was then profest, without any sophisticatione or equivocatione
whatsomever, and I heare of no uther interpretation; and that I adhere
to againe and againe, and desyres that any thing of that kynd be done
wiselie, and be so looked to, that a whole kingdome run not themselfes
to a national perjurie. And if I have beine anything intricat, I cleare
myselfe, and make it knowne unto the world that I adhere unto the
meaning of that Covenant as it was first subscryvit, againe and againe,
shortlie wisheing this nobile and worthie meiting to go on wyselie,
considering the goodnes of our gracious Master, who hath condescendit
to many things, and gone further on nor many looked for; and what is
wanting I hope it is misinformation. And for the Commissioners cariage,
it hath beene very modest; and therefore I recommend to you to consider
that ye have both the estate of the countrie and the estate of religion
in hand, and according to your discreit cariage will this glorious
worke be done; and doe it in that respect to your graceous Soveraigne
as becomes obedient Subjects.

Then the Earle of Montrois said—My Lord Wigtown was to come heare
with my Lord Argyle to make his owne declaration, and will be heir on
Tuysday to declair himself to the Assembly as my Lord Argyle hes done,
and will give all satisfaction.

Then the Moderatour spacke to the Assembly—My Lord Argyle desyres yow
to know that his Lordship hes put his hand to the Confession of Faith,
and uthers of His Majesties Counsell, with this express declaration,
that they have subscrived according to the meaning of it when it was
first sett downe, and willes the Assemblie to proceed consideratlie
concerning that, lest they doe any thing to bring any man that hes
subscryved it under the suspition of that they cannot tell what; and
Wigtowne hes declared by Montrois that he could not stay to day to
make the same declaration, but will returne the next week for that
effect; therefore since we have this recommended to us after this
manner, and the matter requyres the same, it is good for us to proceed
advysedlie and consideratelie, as that which will have light to any
menes mynds—I mean when we come to declair what was the meaning of
the Confession of Faith when it was first subscrived—what was abjured
therein in doctrine, discipline, worship, or government—so as it may
give all satisfaction to all men; and I trust this grave Assembly will
give their declaration from good Masons and weil groundit, for it is a
material poynte.

Then the Moderatour, in name of the Assembly, desyred Argyle to stay in
the towne and be a witnesse to their proceedings, though he was not a
Commissioner.

Argyle said—My interest in religion, as I am a Christian, though not
a member of this Assembly, yet in the Collective bodie of the Kirk,
induces me thereto.

The Moderatour said—This is a materiall poynt, and it would take up
a lang tyme to heare all the acts concerning the clearing of the
Confession of Faith; therefore I thinke it good, if the Assembly be
pleased with it, to appoynt a Committie to view the bookes therefore,
that they may advyse about thinges and make them ryper to the Assembly:
for next unto the word of God, this Confession, so solemnlie sworn,
should goe deepest in our mynds.

Lowdoun said—It must be the rule of all our proceedings, and the ground
of all our comfort, when we are put to farther tryells; therefore it
would be verie deeplie considerit, and some judicious men named upon
the Committie.

Auldbar said—There is some in the North that hes a third Covenant.

Moderatour said—We are not oblist to expone that.

The names of the Committie:

  Mr David Lindsay,
  Mr Andrew Cant,
  Mr James Martine,
  Mr Thomas Mitchell,
  Mr Walter Balcanquell,
  Mr Harie Rollock,
  Mr David Dick,
  Mr Robert Hendersone.
  Mr Thomas Wilkie.
  Rothes, Lowdoun, Balmerino, Burley.

  Barons—

  Auldbar, Keir, Shirreff of Teviotdaile.

  Burgesses—

  James Cochrane, Patrick Bell provest of Glasgow,
  James Fletcher provest of Dundie.

Montgomerie said—Moderatour, we desyre our Summonds and Claime against
the pretendit Archbishops and Bishops be red.

The Moderatour said—Ye knaw the Prelats wer summond in the best way
could be thought upon; and now, since the Assemblie is constitut, and
hath discussed all objections that can be imagined against us, let us
heare what is said against ane of the Bishops, and remove the rest to
be looked on by these that have the charge of the Billes. We need not
spend tyme in reading the generall Complaint against the Bishops; but
here is a particular, condiscending upon some things which will cleare
the generall. This is against the Bishop of Galloway.

There was a lang Clame red, conteining fifteen or sixtein scheits of
paper, against the pretendit Bishop of Galloway: Then he was called
upon by the Officer of the Assembly, James Bell.

The Moderatour said—This is a great bussines we are entered upon, and
we may perceave, by the reading of the Clame, what will be said against
all the rest; and becaus it will trouble the Assembly, let them be
first viewed by a Committee delegat by the Assembly for that effect,
who may give accompt to the Assembly.

  The names of the Committee—
  Mr James Ramsay, for the Diocie of Edinʳ,
  Mr John Jamiesone, for the Diocie of Glasgow,
  Mr Wᵐ Dalgleishe, for Galloway,
  Mr Donald MᶜElwrath, for Argyle,
  Mr John Duncane, for Dumblane,
  Mr George Symer, for Dunkell,
  Mr Robert Murray, for Sᵗ Androwes,
  Mr George Halyburton, for Brechin,
  Mr Alexʳ Martine, for Aberdeene,
  Mr Wᵐ Falconer, for Murray,
  Mr David Monro, for Ross,
  Mr George Leslie, for Cathnes,
  Mr Wᵐ Stewart, for Orkney,

  Nobles—
  Eglintoun, Weymes, Johnstoun, Wedderburn,
  Lawers, Kinlict,

  Provest of Kinghorne, Baillie of Innernes,
  Mr George Gray clerk of Dundie, [Haddington.]

  To thir wer addit—
  Mr John MᶜKenzie, of Lewis, and
  George Gordoun, brother to Sutherland.

When the Clerk called on Doctor Robert Hamilton, Procurator for
the Bishops, to answer to any thing he can say to the Summonds and
Complaints given in against them, he compeired not.

The Moderatour said—Ye know I was saying that the first occasion of our
Complaints and Supplications were the Service Booke, and these Cannons
that were urged upon us. Ye know how miserable the face of this Church
and State had bein before this tyme, if we had not supplicated against
these evills, and what great mercie the Lord our God wham we sarve hes
shawen in delyvering ws so farr from them; yet that it may be knawen
to the world that our supplications wer just, and that there may be
some monument of the wickednes of that Booke left to the generation
following, it is very expedient that it be examined heir, that your
judgments may be knawen and the reason of your judgements; and that we
may goe on the more compendiouslie, it will be good that there be a
Committee chosen also for this. Then the advyce of some of the Members
of Assembly wer taken, who all gave consent to this.

  The names of the Committie—

  Mr Androw Ramsay,
  Mr Robert Baillie,
  Mr Alexʳ Petrie,
  Mr John Oswell,
  Mr Alexʳ Kerss,
  Mr John Adamsone,
  Mr Edward Wright,
  Mr John Menzies,
  Mr Samˡ Rutherfuird,
  Mr John Hay.

The Moderatour said—The Booke of Cannons, Service Booke of Ordination,
and High Commission, all of them are to be sighted by yow.

       *       *       *       *       *

Sess. 9.—Novʳ 30, 1638.

After prayer to God by the Moderatour,

The Moderatour uttered these words—We trust in God, that the more our
good cause hath bein defending, and for which we are now conveened, is
agitat, it shall be the more clearlie seen, and the more to be seen
the more it shall be affected, and these that shall see the excellent
lusture that shall be on it, shall, no doubt, be enamoured with it.

Argyle said—I have gotten a paper which I never saw before. It is from
the Earle of Kinghorne, and, becaus it is a missive direct to me, I
shall read it, and desyres it may be keeped by the Clerk.

Rothes said—Heir is ane uther of that same nature from my Lord
Galloway. Lowdoun, Yester, Home, went to him, and he spack something
before, and we caused put it in writt and sent to him, and he renewed
it; quherein his Lordship declaired that he had subscrived the
Confession of Faith, as it was professed in the year 1581, and wishes
all the Assembly to make it the rule of all their proceedings; and he
shawes that they were all wyld in, secreatlie, to the Commissioners
Chamber, and, being debardit, they subscryvit the proclamation, not
knawing what was in it; but, when Galloway heard it, he would have had
his hand from it, and, when he saw that he could not get it back, he
was so excessively greeved that he professed he got no sleepe all that
night.

Then the Earle of Montrois said—That the Earle of Mar had given him
Commission to declair to the Assembly, that he had the same meaning in
the subscryving of the Confession of Faith; and, quhen tyme was fitt,
he would declair it before all the world. Lykewise said the Earle
of Mar, he being hardlie pressed to subscryve the proclamation, he
refused, and said, he would not declair his Sone a Traitour, who yester
night had subscryved the Covenant, and professed to the Marqueis and
these who pressed him, that, as long as his blood was hote, he would
think Covenanters als honest Men as themselves. Likewise,

Montrois said—That he had Commission from my Lord Napier, to declair to
the Assembly, that he had the same meaning in subscryving the Schort
Confession, as it was first sett doune. Montrois said, further, my Lord
Amont would declair the same before the Assembly.

The Moderatour said—Though we had not a Nobleman to assist us, our
cause were not the worse nor the weiker; but there is occasion given us
to blesse God that they are comeing in daylie in throngs.

Then the Moderatour called on the Committie for Peibles.

My Lord Burlie answered—Since this charge was layd upon us, to
collation the Commission and protestation with the Proces, we find no
great reason why the election shall not stand good; and for Mr Robert
Ellot, we find, in the last article of the proces, that he did clearlie
protest, and that upon good reasons. Ane was, that this honourable
judicatorie should no wayes be prejudged in the friedome thereof, in
case there were any illegalitie or informalitie in the election, and
that no place of carping were left to our adversaries; the next was, he
had some scruples in his mynd anent the illegalitie thereof, of which,
after conference, he gat satisfaction, and is content now to take up
his proces; and quhereas my Lord Thesaurer was pleased to take some
offence at this protestation, and he did it now _de animo_, he is sorie
for it, and, if his Lordship were heir present, he would crave his
Lordships pardon.

Mr Mathew Brisbane said—I think it should be tane notice of, that
my Lord Thesaurer was present at the election, and did approve the
Ruling Elders, and came there as ane himselfe, and, in the face of the
Assemblie, pleaded for the Commission.

Then the Moderatour called on the Committie for Brechin, who promised
to make report to the Assembly to-morrow.

Moderatour said—There were, in your hearing, some Committies appoynted
for some materiall poyntes; for considering the Confession of Faith;
the Complaint agᵗ the Prelats; the Service booke; the booke of Cannons;
High Commission, and Booke of Ordination; but it is impossible to
examine thir in so short a tyme, and therefore we passe them.

Lowdoun said—Please yow Moderatour, we began to looke upon that
purpose, being a matter of great importance, and deserved an accurat
investigation of thinges that did passe, especeallie, not about the
Confession of Faith, which was first made and subscryved at that tyme.
We went back, in looking to these registers and Bookes of Assemblies
quherein we find the discipline of the Kirk accuratelie expressed,
so that I thinke, if, in Gods Providence, these Bookes had not bein
found, it had bein hard for the Church of Scotland; because it is about
matters as they wer then presentlie established and concludit. The
seeking out of this and the looking over of many Acts, tooke a long
tyme; but, on all, we find a great harmonie and cohesione, clearlie set
downe, to put out Popperie and Episcopacie. The name is examined; the
Corruptions is examined; the office is examined; and their severall
considerations tane to many Assemblies. The Discipline, of long
deliberation, is sett downe. The Confession of Faith following, is a
confirmation both upon the ane and the uther; and the ground of thir
hes bein the root of many of our proceedings through this Kingdome,
especeallie the renewing of the Confession of the same oath first
[framed], which I hope will give satisfaction to all men who could
not weill understand it before, when they shall take knowledge of thir
bookes. We dar not now give out our judgement fullie; but we will goe
on in consideration, to satiefie yow all, and we crave your patience
to acquyet yourselfes in it. It must have long tyme; for matters of
so great importance cannot be done but accuratelie, for every mans
satisfaction.

The Moderatour said—It were better not to toutch it at all then not to
handle it accuratelie and solidlie; yet we allow not the Committies
for determination of any thing, but only to prepair matters for the
Assembly their judgement, and if need be, tyme may be prorogat further
to them.

Lowdoun said—God, the Father of light, give light unto it, for it must
be the rule of all our proceedings.

The names of the Committie for the Prelats called upon for their
Complaints.

Mr Robert Murray said—That the Complaint against every particular
Prelat behoved to be tryed, and therefore desyred the Moderatour
to intimat to the Assembly, and, if any had information against
any particular Diocesian Prelat, that they would give it in to the
Committie.

Then the Committie for the Billes were called on.

Mr David Lindsay answered—We have discussed some particular Billes that
came before us, and we conceave this; that where the caus is weightie
and the proces red, we think it good that Summonds be directed both for
the Pairties and witnesses. There be uthers against whom there is no
formall proces, and it will be weill done to heare the judgement of the
Assembly anent these.

Moderatour said—There be two sortes of processes: ane sort are these
which are closed alreadie before the particular Judicatories; I meane
the Presbitries from whence the Pairtie are complained upon, who have
heard the witnesses and set downe their deposition; and nothing left
to the Assembly but to pronounce their Sentence. These may come in
pertinentlie before the Assemblie. But for uther proceses that are
not concludit, and witnesses not heard, but to be heard, before the
Assembly consider whether it be more expedient to send citations to the
Pairtie and witnesses to compeir before the Assembly, or if they shall
be remitted to their Presbitries, or the next adjacent Presbitrie, as
having Commission from the Generall Assembly to put a finall conclusion
to them, and report it to the next Generall Assembly.

The question was moved concerning Doctor Hamiltons proces, whether it
should be heir, agitat or remitted to the Presbitrie, in respect that
the Presbitrie had refused proces alreadie, and it was reported that he
would goe shortlie out of the Countrie? And therefore it was concludit
to be decydit by the Assembly.

The Moderatour said—Lett us come to the third Committee concerning the
Service Bookes, Cannons, and High Commission.

Mr Androw Ramsay answered—It is a toylesome taske—a Papall Service
Booke, anti-Christian constitutions, and a superstitious Booke of
ordinations—and will take us eight dayes at the least.

Moderatour said—Ye would consider that ye are not to dispute against
ane adversarie, but to make such abridgement of the errours therein
contained, as may be seine to such a grave Assembly.

       *       *       *       *       *

[_Complaints against Prelates._]

Moderatour said—Ye knaw there be some Complaints against the Prelats,
common against them all—some of them more personall against Pointes of
Doctrine and Conversation: As, for example, there is a transgression of
these Caveats, and limitations put upon them by the Generall Assemblie
when they wer first admitted to voit in parliament. Matters of this
kind will be so notour as the Assembly at the reading of the processes,
that we will not need great probation; and therefore the Committies
neids not to trouble themselves but in poyntes of doctrine.

Then were the Caveats red.

The Moderatour said—I would wish that uther some of them or all of them
had been heir to answer for themselves, and some of them objected, and
speciallie Doctor Lindsay, that these Caveats were put upon them, but
Assemblies had lowsed them. The Bishop of Sanct Androwes, in a Booke
which he calls “The Refutation of a litle booke anent the Government
of the Kirk of Scotland,” giving ane answer to that that is against
their booke of the Caveats: he says they never had a purpose to keip
them, but only to delyver them from the contentions of turbulent
men. This is not red that ye should give out definit sentence till
the whole complaint be considered by these to whose consideration it
is presented; but there may be an abridgement of the Caveats, and
particular transgressions of them drawn up.

The Shirreff of Teviotdaile [said]—That these transgressions, many of
them be notour to us, yet not to strangers, to whom the relation of our
proceedings shall come; therefore it is necessar all to be proven.

Moderatour said—It is objected be these that wrote that litle booke
of the Government of the Kirk of Scotland, which was sent over to
Holland at what tyme the Synod of Dort was sitting, for weightie
Causes and considerations, to prevent evills that might have come in
in the Kirk of God: It is said in that booke, that when they went
forward, there was protestations used against them. He answered, what
protestation they meaned I cannot tell, but for that Covenant wherein
they please themselves so much, it was rashly and unadvisedly forged by
braine-sicke men, to the destruction of the King and republict, and to
the mocking of God; therefore God hes recompensed them with shame and
ane unhappie success of all their interpryses.

Then answered ane Mr Law—That he saw him subscryve that Covenant that
he had so traduced. Then some said that things alleadged against the
Prelats which seemed most evident neided not to be proven.

Moderatour said—_Abundantia juris non nocet;_ and it is necessar when
a nation or Kirk would make it manifest to the world the lawfulness of
their proceedings, though it were never so notour to themselves.

Moderatour said—We have not farder to doe till the Committies have tane
paines and presented their labours to the Assembly. For the present ye
see they are relaxed from that limitation in the Assembly holden at
Linlithgow 1606 and 1608, and at Glasgow 1610. There are something heir
in a paper given in to be considered by the Assembly, concerning these
forsaids Assemblies, together with the Assemblies at Aberdeine 1616,
at Sᵗ Androwes 1617, at Perth 1618. These are the speceall Assemblies
they trust into, and these are the Assemblies that hes wrought this
Kirk meikle woe. It is not unfitt for yow to heare them in the minutes
of the proceedings in the Assembly 1616. The Bishop of Sᵗ Androwes
changed the Acts with his awne hand on the margine, deleiting and
adding acts quhereof some wer against Papists. The hand writt was seene
by severall of the Assembly, who constantlie affirmed, on hazard on
their life, that it was his hand. Some declaired that when the Bishop
of Murray said to ane uther of the bishops, “we will tyne the field,”
he answered, “I shall devyce a vyce—we shall give idle Ministers
ane warrand;” and so they sent for the number of 36, that were not
Commissioners, and delt wᵗ them for their voices; and they put out
Commissioners whom they suspected and put uthers in their places, and
sundrie that were Commissioners were not called on, and the Moderatour
said in face of the Assemblie, “I will committ twenty prejudices to
please the King.”

Mr David Dalgleishe said—There was neither booke nor Bible opened; but
the Kings Letter was read at everie Sessioun immediatlie before the
voiting; and in the tyme of the voiting, Waughtoun said they sett doune
the names of some who came away from that Assembly, quhereof I was ane.

Mr James Bonar said—He called on all these first that he knew would
voite with them, for he had a croce upon all their names, and lykewayes
he said that a number of voites should not doe the turne, for these
articles should be proclaimed at the Croce by sound of trumpet.

Mr James Cunninghame said—When I desyred Zancheus to be produced for
a testimonie, all the Bishops said the King was more learned than ten
thousand Zancheus; and he threatened continuallie with banishment,
imprisonment, and deprivation; and they put all their names together
whom they knew would voite for them, and resolved to gar them goe all
in a hurle together, quhilk they did quhill Mr John Martine turned the
chase, and this they did to weaken the hands of many.

The Moderatour said—There would be a Committie appointed for the
considering of these Assemblants, for it is a poynt of no small
importance.

  The names of the Committie—

  Earle of Home,
  Lords Sinclare, Yester, Balmerino, Coupar, Cranstoun.
  George Gordoune,
  Mr Thomas Ker,
  Lamington,
  Barclay,
  James Sword,
  George Jamesone,
  Thomas Durie,
  Androw Baird,
  Mr John Robisone,
  John Maitland,
  Mr James Scharpe,
  Richard Ingles,
  Gilbert Murray,
  Wᵐ M‘Kenzie,
  John Rae,
  John Robertsone,
  John Ker.

       *       *       *       *       *

Sessio 10.—Primo Decembris 1638.

After prayer, the Moderatour said—Ye know a great pairte of these
affaires to be agitat this day, was committed to some worthie men upon
a Committie, to be presented to your view—such as the Confession of
Faith, the Complaint against the Prelats, the matters of the Service
Booke, the auctoritie, or null auctoritie of the Assemblies; and we
tooke this little tyme to heare some particular complaints against some
ministers, especiallie these who have their proces closed alreadie,
in a manner, and nothing left but the sentence and determination of
the Assembly; for they must be viewed by you. We should do nothing
without a warrand; and I doubt not but ye are better acquainted with
the warrand and ground of our proceedings nor I can expresse. Ye knowe
there is no familie, nor hous, nor republick—no citie, no kingdome, or
corporation—nor any humane societie, that can subsist without order;
and, in the midst of the world, where the Divell is opposing, and
corruption mightilie working, we may be assured that the integritie of
the Word of God cannot stand without Government and ecclesiasticall
discipline. Our Lord gives it the name of the Keyes of the kingdome of
Heaven—a glorious name, indeed; and the Apostle, 1. Cor. 5., calls it a
power committed to the Kirk, not for destruction, but for edification.
In the nature of it, it is not so much magisteriall as ministeriall
power; and, though the power be great it is principally in his hand who
is Lord and Master of the house—the Son of God, who hes absolute power;
and we are but his ministers and servants. Ye know it is requyred in a
servand, and especiallie in a steward, (and we are called stewards and
dispensatoures of the misteries of God,) that they be found faithfull.
We must stryve to approve our selves in the Masters sight, who is sett
over the house. The power committed to us is very great, if we consider
the effects of it. Mathew, ch. 18. the effects of it are set downe. If
we proceed in sentenceing of a man, especiallie if we goe on that far
as to excommunicat him, he against whom the sentence is pronouncit,
is counted a publican; or, if ye looke the Apostles word—more: he is
given over to the hands of the Divell: he is put out of the Kirk; and,
although it be horrible to think on such a thing, yet the fruites of it
are sweet—for God heirby is glorified; for surelie, in despyte of the
world and the Divell, he will be sanctified of these that drawes neare
him. The terrible example of Nadab and Abihu is a sufficient document
of this. Ye know the Word and the Sacraments are holy and sufficient
meanes to convey grace. They should be purged of inventions that men
hes put upon them; and sicklyke that Gods house should be purged of
scandall and leaven, and these also against whom the sentence passes,
if they be not in a damnable caise and incorrigible, it serves for the
subdueing of the fleshe and wakening of the spirit—if there be any such
distinction to be made between the fleshe and spirit. This is the last
and most extreame remedie to subdue the fleshe and waken the spirit.
So it is necessar, that we now assembled in Christs name, so solemnlie
and so weill warranted, goe on with auctoritie; for, though we be weake
and unworthie instruments, we must consider what keyes he put in our
hands, that hes the keyes of the house of David, that shutts and no
man opens, that opens and no man shutts. I may give you assurance, in
the name of our Lord, that if we goe on as we are warrandit by Him,
without partialitie and respect to men, but having respect to the
honour of God and weilfair of this Kirk—if we goe on with sentence and
excommunication, that which we doe on earth he shall ratifie in Heaven,
and we shall be all witnesses that he shall ratifie the same. If there
be any of the particular Complaints that are to be given in, let them
be presented heir, to be red be the Clerk.

Mr David Lindsay said—We have met, and thir processes which are deducit
and concludit we have sent the formalitie; and such as we produce
heir, according to our judgment, are of weightie causes, and formerlie
deduced. Uthers complaints are considerit by us, and we have advysed
and tane this course, only to advyse them before what judicatorie they
shall not intend proces; and if the Presbitries where they dwell be
competent judicatories, let them goe to them; and if not, let uther
Presbitries be joyned to them. Heir is ane proces against Mr David
Mitchell.

       *       *       *       *       *

[_Case of Mr David Mitchell._]

Moderatour said—We should have heard truelie with regrait of their
persons—yea with joy when we see the Lord putting to his hand to purge
his awne house.

Then was the proces red against Mr David Mitchell.

Then Mr Henry Rollock said—It may be thought that he should now have
spoken more of that kynd; but truelie, till the last day of his
suspension, he was bussie therein; and some pointes of doctrine came
to our knowledge after the proces was closed—namely, that it was
ane abasement for kings to be subject to the Word of God; and when
he wrote to us he carried so much neglect to us, that he called us
not brethren of the Presbitrie, but brethren of the Exercise of the
said judicatorie—alluding it was _nomine tenus non re_. Lykewise he
hes declyned the Assembly; but, indeed, it wer a pittie of him, for
utherwayes he hes good partes.

Rothes said—Bellermine had good partes; but he would be ane evill
Minister for the Kirk of Scotland.

The Moderatour said—There are two sortes of Arminianisme. One is that
which hes troubled the Low Countries, and hath spred itselfe so farr,
and that is nothing but the way to Socinianisme, and _Socinianismus
inchoatus_ is _Arminianismus consociatus_. Certainlie no man that
will consider aright of the poyntes of Arminianisme, but he will
see more nor the seids and grossnesse of Socinianisme. There is
ane uther Arminianisme mentioned by some in England, and uthers in
Scotland, and that runs in ane uther way—it runs to Papistrie, and is
_inchoatus Papismus;_ and if ye consider this, how our doctrine, and
the particulars of our Confession of Faith, taught by the ministers
of the Kirk of Scotland since the Reformation, how thir pointes
began to be depraved by Arminianisme, and poyntes of Poperie, joyned
with their poyntes of Arminianisme, and next consider how that the
externall worship of God was in changeing by the Service Booke, I
see nothing deficient for the whole bodie of Poperie but the Pope
himselfe—Convertion of a Sinner—universalitie of the matters of Christs
death—justification by workes—falling away of the saints; and then, if
we had receaved the Service Booke, what difference had beene ’twixt the
Romane faith and ours, if we had subjected ourselfes to the Pope? I say
it, that we may acknowledge the goodnes of God that hes thought good to
visite us thus with so sensible an opportunitie, that if we had gone
on, our case had bein so desperat and miserable, that none of us can
conceave: but great is the Lords mercie; and we have all of us reason
to make good use of this good occasion, quherin sick evills may be
prevented in tyme. We heard the proces, and we desyre not to proceed to
the sentence this day; but we will heare the judgement of the brethren.

Then was Mr David Mitchell called upon.

The Moderatour said—We have to consider that this Kirk hes not been
acquainted with Censures of that kind, blessed be God! Howsoever,
there hes bein a great and lamentable schisme in this Kirk these many
yeares, yet few poyntes of heresie could be objected against any of
this Church who were verie free of it before; therefore no marvell
is that we Ministers and Elders be not so throughlie acquainted with
their differences as utherwayes we would have bein: but since the
matter is gone so farr on, and corruptions are vented so braid and
wyde in this land, it were meet we were acquainted with them that we
may discerne betwixt trueth and errour, light and darknes; and if it
seeme convenient to the Assembly, it is good that some Ministers that
are best able make some discourse of this matter, especiallie to shaw
what we hold with the reformed Kirkes, which hath beene so publictlie
contradicted by thir preachours, and how their tenets contradicts our
tenets as the reformed Kirkes. I know there is ane uther proces against
some uthers in Schooles of Divinitie that hes the same poyntes, and
uthers preachours lykewayes, and it would seeme to have beene done of
purpose, and that they are all joyned in ane combination together for
venting such poyntes of doctrine; for there is come doune some poyntes
from England, which were holdin to be the tenets of a great learned
man, and thir preachers seemes to be his schollers.

Then said the Moderatour—Let us heare some moe two or thrie Billes.

Then there was red against Doctor Panter, Master of the New Colledge
of Sᵗ Androwes, containing many erroneous and Papisticall poynts of
doctrine.

Then there was read a proces against Mr Alexʳ Gledstanes, Minister of
Sᵗ Androwes.

Then the Committie for Din and Carnaigies Commission was called.

Mr James Bonar said—If we find that if the last election had not
interveened, the first had beene good; and if the first had not
proceedit, the last had bein good. The first wants ane act of the
Presbitrie and their Subscription, and so it wants the formall poynt
but gives commission; and the uther hath proceedit from ane desyre to
be electit.

The Moderatour said—It were les prejudice to want the voices of them
both, then to doe any thing that may prejudge the Assembly afterward.

After lang controversie to and fro about this particular, the rows were
called, and the Assembly voited that neither of them should have voite.

       *       *       *       *       *

Sess. 11.—3 Decʳ 1638.

After prayer made by the Moderatour,

My Lord Argyle said—Ye remember heir I made protestation that nothing
might be done that might seeme to wrong Soveraigne auctoritie; for
albeit I be not a Member of this Assembly, yet I have leive to
represent my opinion; and truelie I will say, I know no better way for
you then every way to cary yourselves modestlie, keeping all dutie
and respect to whom it is due. And I remember of a good passadge—_si
tacitus possit corvus_, &c.—therefore my humble desyre to you all, and
especiallie to the Ministerie, is, that ye be very spairing to meddle
with the Kings power and auctoritie—not that I suspect any, but that
I hope all knowes what is my meaning. They are wise I hope who are
entrusted in this worke, and knowes what is their duetie to a good and
graceous King; and I trust our Master will be wise in his commands, and
so there will be the lesse neid to meddle with any thing of this kind;
therefore take this advertisement from me, least any sclander be layd
on this bussines. I am very spairing to insist; but what I have said it
is out of affection to the caus.

Moderatour said—We are obleist to the goodnes and providence of our
God that hes given unto us so wise and honourable a Member to sitt
heir to give tymous advertisement concerning our duetie—perhaps
rather to prevent that which might ensue nor to censure any thing
that is done; and surelie we ought to consider, that, altho’ the
Kirk of Christ, especiallie assembled in ane counsell and such ane
Assembly as this, hath very great power, yet they should very weill
observe the limits of their power; for, first, altho’ we have power
to judge betwixt true and false doctrine—altho’ we have power also
to consider the mater of the Sacraments—the sealles of the doctrine
of the life and manners of men throughout the kingdome, and of the
maters of the Policie of the Government of the Kirke—yet our power
is not autocratistical but ministerial and subordinat, and ought to
give the Lord his owne soveraignitie annexed to him, and to give every
one their owne place. Let the Lord have the first place—we will not
give his glorie to another; and let Cæsars have their owne places.
And surelie he thocht I spack very distinctlie of this purpose that
said—“God or his Spirit, speaking in Scripture, is the judge, and that
the Kirk is not judge but index, and that the Christian Magistral
is Vindex; and so give every one his owne place.” The judgement of
Soveraigntie and absolute jurisdiction belongs to God; and this is
that great Soveraigntie which must keepe us in the right way, without
the which our sillie witts would wander in the bypaths of errour.
Since it hath pleased Him to manifest his will in his word as if he
were among us and we heare his voyce, we should stryve to decerne his
voyce, and governe our proceedings thereby. Next for the Magistrat—he
is the keeper of both the Tables, and ane avenger of the breakers of
both; and we are not to judge so uncharitablie and so unreverentlie
of our superiors, especiallie of him who is in the highest place
above us, that he will usurpe any thing propper to the Lord, who is
only absolute Soveraigne. It becomes us to content ourselves with
the interpretation of Scripture, or with the indications of it as
that word which I alreadie used imports; and for that which my noble
Lord hes bein speaking, it becomes us to think reverentlie and speake
modestlie of superior powers; and I am sure there is no subject but
they will be more carefull to take heid to their words and wayes both
in pulpits and other places, nor if the Kings Majestie were present
himselfe. I remember of ane example of ane worthie man in this Kirk who
did oftentymes preach in the presence of King James; and when the King
was absent he alwayes spacke with greater reverence, and recommended
subjectione and loyaltie to all subjects; but when he was present, he
told him all that he heard of him; and I wish all of us would carry us
so; and altho’ his place or his Commission be emptie, let us thinke and
speake as if one of them were into it: let us carry ourselves as in the
sight of God and of our Consciences which are both ane; for seeking the
approbation of a good Conscience we approve ourselves to God, and next
in his Majesties sight; and we need not thinke that the wordes that
are spoken heir will [not] be caried to him with a worse sense put
on it. If his Majesties Commissioner wer heir present there neidit no
report; but since it comes to passe that things are made worse, we have
so much the more to take heid to ourselves: and I hope of the Spirite
of Wisdome and Pietie, which teaches all loyaltie and subjection to
superiour powers, shall so direct us as there shall be no caus to
censure any man justlie.

You remember, right reverend and weil-beloved, there ware some thing
spoken heir be occasions of a particular complaint given in against Mr
David Mitchell, for mentaining poynts of Arminianisme; and we desyred
ane of our reverend brethren to speak somewhat for refutation of that
errour.

       *       *       *       *       *

[_Arminianism discussed._]

Then Mr David [Dick] raise and spack as followes:—The taske is large,
the tyme is short; therefore I will sett myselff to as little tyme as
I can; only I would have this preface in the beginning, that we would
all labour to have errours in als great detestation as any corporall
vyce; and doubtlesse, if our eyes were open to see the bewtie of trueth
and the good fruites of it, and to see the vyldnes of errours, and the
fearfull consequences of it, we would need no exhortatioun of this
sort. For the preaching of errour is like the selling of poysoned
pestied bread, that slays the eater of it, and infects with the breath
every man that comes neir hand; and albeit the Lord hath brought in
wholesome food in his house, and hes held his table long covered, yet
the malice of Sathan, and the bussines of the Pope to recover his
Kingdome, and the dalliance of worldlie men, hes sett instruments on
foot to trouble our Church againe; and God, in his deep wisdome and
justice, hes suffered the matter to goe that farr on, that we might
see what a fearfull sin it was to put the keyes of the house of God in
wrong hands, and what evil freicks, errours in discipline would bring
foorth, and also that he might punische the unsanctified and proud
witts of men that would take upon them to governe his Kirk, as also he
would have these ministers in this land corrected for their negligence
who are like the rest of the countrie, who thinkes of armes whilst they
are in peace. So have we done. In tyme of peace, we were all secure,
and dreamed not of straites, and studied for no more but to get ane
sermone in the week; yet blessed be our God, who hes alse many painfull
and faithfull servands as will be sufficient to cleare his trueth of
his Kirk against all that will say the contrair.

By the power of Jesus, I will take up my speach in thir heads. First,
I will lay out their errors in 4 heads; Secondlie, I will lay out our
doctrine in uther 4; then, Thirdlie, I will lay out before you the
cullours they use instead of probation; Fourthlie, then I will lay
before you some maine reasons which are the cause and ground of all
the errours, and the grounds whereupon the dispute runs wrong on their
syde; then I will shaw you the bulwark wherein our strenth stands;
Lastlie, I will answer some objections, and so close. For the trueth of
our doctrine, I will content myselfe with a place or two, and is in the
hinder end of the 52 Isai, and 6 of John, 29 vˢᵉ, which is sufficient
for a confirmation of our all doctrine against all Arminians.

(1) For the first, The Arminians they grant ane election; but such a
ane as makes man to be a chooser of God, and not God to be chooser of
man, that by their course God shall choose a man 20 tymes, and refuse
him or reprobat him 21 tymes, and the man to goe to hell in the hinder
end.

(2) For the death of Christ they make a great bussines for it, as if
they were the only men that knew to extend the worth of it; but it
comes home to this:—Christ layes doune his blood, and buyes no waires
bot a possibilitie of some mans salvation—that is to say, they extend
his death in drawing on of a bargane betwixt God and man, to put man
in the termes that Adam fell into, that man may take a new essay of
himselfe, by the force of universall grace, to hold his feet where Adam
fell.

(3) There is concerning mans conversion, wherein they would seeme to
plead for themselves, that they are seeking no more but to make man to
be no stock nor block, and if they had no further, we should easillie
grant that he were not a stock in his conversion; but he is a quick
divell, and when it comes to the upwith, heir doe they schoot to put
all the matters in mans awne hand, that God shall be the giver of
abilitie to convert by giving the man a power of frie will, but the man
shall have the glorie to turne himselfe to God or receave grace.

(4) For the last and fourth poynt; they sever poor simple man, and
setts him alone with the staff of his frie will tottering in his hand,
and the Divell, the world, and sin tempting him; and then they dispute
with him, saying, that there is no assurance of perseverence, and that
the saints may fall away and all the rest of it, while, as they should
joyne all his helpes with all his hinderances, and should put him in
the hand of ane cautioner and guyd to teach him and correct him, and
raise him up when he is fallen.

These being their four errors, I oppose to them the doctrine of the
Kirk of Scotland, whereof we may all thinke good the day, and thank
God most heartilie for it; and seeing I have gotten leeve to speake,
I blesse God in Jesus Christ our Lord, that evir looked upon the Kirk
of Scotland, to give us a doctrine that will not suffer itselff to be
disgraced by errors or false doctrine, but will take the place of it in
the hands of weake Ministers who will not boast of their learning, but
whose glorie is simple trueth; and in that we will glorie more nor in
all the learning in the world, finding ourselves guarded against all
the Scribes and disputers of the world, since they have the trueth of
Christ in simplicitie according to the word.

1. We give this for our doctrine out of the word of God—That there
is a number severed out, in Gods speceall purpose, from the race of
mankind, and advanced above the state of nature, to the estate of Grace
and Glorie, by a speceall designation, and that for no foirseene good
workes in the man, but for his free Grace and good purpose who helped
to make the man, then to put the saule in him, and then to put such and
such graces in his saule, and restoir what was fallen in him, and so
make him doe good workes. This ground is clear from Scripture. Ye know
he will have mercie on whom he will, and whom he will he hardnes; for
he is a Soveraigne Lord, and, of his owne workmanship, he can advance
ane pairt higher of it then ane uther, and doe no wrang to the rest.

2. For the matter of Christs purchase by his death, we teatch that our
Lord made no blind blocke, but wist weill what he bought, as the Father
wist what he sold; and had his scheepe before his eyes and was content
to lay doune his lyfe for them; all thinges that belonges to lyfe and
Salvation he layd doune such a pryce to the Father, and declaired, by
a Voice from Heaven, that he was pleased with it—“This is my beloved
Sone