",' i iBS TO% ''' ;% '" v '" ^'' MslLW '*"" J "' Jj *'^"'« ■ QVID MELIVS BONITATE • EX- SP • ° EN E F [ C ENITI A ■ THE MASSACHUSETTS fHISTORIGAL SOGIETVf FOUNDED AD. 1791 — — h=h- — FROM THE FUND BEQUEATHED By the Reverend Robert Cass/eWatcrston X S~ RECEIVE D PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY VOLUME XI GENERAL ASSEMBLY COMMISSION RECORDS May 1892 THE RECORDS OF THE COMMISSIONS OF THE GENERAL ASSEMBLIES OF THE CHURCH OF SCOTLAND HOLDEN IN EDINBURGH IN THE YEARS 1646 and 1647 Edited from the Original Manuscript by ALEXANDER F. MITCHELL, D.D., LL.D. AND JAMES CHRISTIE, D.D. with an Introduction by the former EDINBURGH Printed at the University Press by T. and A. Constable for the Scottish History Society 1892 DA 750 v. H OCT 20 1971 465004 INTRODUCTION The six volumes of Church Records, of which this is the earliest, appear to have been borrowed, along with the original ms. of Baillie's Letter's and Journals and some other mss. be- longing to the General Assembly, 1 by the late Mr. David 1 The following are, in brief, the titles of these manuscripts : — I. The Actes and Proceedings of the Commission of the Generall Assemblie holden in Edinburghe in the yeir 1646. Do. in the yeir 1647. II. Minutes of Commissions 1648-49, 1649-50, and 1651-52. III. Minutes of Commissions 1650-51, wanting the printed papers. IV. Duplicate of No. III., but containing the printed papers. V. Results of the consultations of the Ministers of Edinburgh, and some other brethren of the ministry from divers parts of the land, meet- ing together from time to time since the interruption of the Assembly 1653, for mutual advice and counsel in the public affairs of this distressed and distracted Kirk, with other Papers of public concern- ment, which the brethren recommend to Mr. Andrew Ker, Clerk of the Assembly, to cause put together and keep in some Record for the use and benefit of this Kirk, and testimony of their care and faithfulness, 1652-1658. VI. Register of the Consultations and Proceedings of the Ministers of Edin- burgh, and some other brethren of the ministry, correspondents from presbyteries, who had their meetings together at several times and diets for communication of counsels, for the upholding presbyterial government and all the interests of the Church of Christ in this land now, during the time of the interruption of Assemblies ; which the brethren recommend to Mr. Andrew Ker, Clerk of the Assembly present with them at all their meetings, to cause put together in some Book and Register, for public use and their exoneration ; which meet- ings of Correspondents began in May 1654, and have continued since, and this Register, which is the second, begins in January 1659. This volume contains the correspondence between James Sharp, afterwards Archbishop of St. Andrews, and Mr. Robert Douglas. VII. Collections (partly ms., partly printed) on Ecclesiastical affairs, from 1645 to I 7°8. VIII., IX., X., XL, XII., XIII. Volumes of Letters on Ecclesiastical affairs, numbered 25, 26, 28, 29, 30, 31. XIV., XV., XVI. Original MS. of Baillie's Letters and Journals. XVII. ms. Lectures on various Books of the Old Testament, lettered on boards A. G. INTRODUCTION Laing, when preparing for the press his new and valuable edition of these Letters and Journals, and to have remained in his possession up to the time of his death. In the end of the year 1878, when occupied in drafting for the General Presbyterian Council, a report on the Creeds and Formulas of subscription which had been in use in the Reformed Church of Scotland at various periods of her history, I was naturally anxious to obtain access to the Records of the Commission at the time the Westminster Confession was adopted by the Church, to ascertain if any Formula had at that era been prescribed, and I was greatly disappointed to find that these Records were not then in possession of the Assembly. I felt sure that I had met with various extracts from them in some works with which I was not unfamiliar, and on further rumina- tion and search I found that the chief of these extracts were contained in the Notices 1 regarding the metrical versions of the Psalms appended to Mr. Laing^s edition of Baillie's Letters and Journals. When, soon after I submitted my draft report to Mr. Laing, who was associated with me in that matter in the Committee of the General Presbyterian Council, I told him of my anxiety to see these volumes, and my disappointment to find that they were not now in the possession of the Church, and inquired if he could tell me what had become of them after he was done with them. He said he supposed they were some volumes which had been left with him to be rebound, and that he would bring them up from Portobello, and have them ready for my inspection the first time I returned to town. My next visit to town was to attend the funeral of my aged friend, but I learned thereafter that he had not forgotten his promise to me, and that the volumes in question had before that time been lodged in the safe at the Signet Library, and were soon afterwards restored by his executors to the Church. This was not the first time the volumes in question had gone 1 Vol. iii. pp. 525-556. They are also quoted in Reid's History of the Presby- terian Church in Ireland, vol. ii. p. 58, etc. INTRODUCTION vii amissing. They appear to have got into private hands during the troubles which came on the Presbyterian Church after the Restoration of Charles n. ; and there are various references in Wodrow's Correspondence and Analecta^ which seem to show that they still remained so in his time. Some years after his death a Committee was appointed by the General Assembly to inquire after missing Records and other documents of value for the history of the Church, and to endeavour by legal pro- cess or by purchase to gain possession of them. It was not till 1739 that this Committee had the privilege of reporting that they * had produced before them diverse authentick Registers of the Commission of the General Assembly, in four volumes in folio, for the years one thousand six hundered and fourty six, fourty seven, fourty eight, fourty nine, fifty, fifty one, fifty two, and till May one thousand six hundered and fifty three [which have been] purchased from a gentleman, by a Committee of the late General Assembly, and the price has been paid out of the Churches publick money, and the foresaid Records may be seen by any member in the clerk's hands ' . . . The Committee was 6 re-appointed and empowered to con- tinue to search for the foresaid Registers of the General Assembly and Commissions thereof, and other manuscripts and writes which may be of use to clear up the history of this Church since the Reformation, and the purchase of the same to be paid out of the Churches publick money, and when they shall find out so much as make up authentick connected Records, to cause employ a fitt person or persons to putt the same in order, referring to the warrands thereof, with an exact index, and which Committee are to report their dilligence and opinion to the Commission of the General Assembly and receive their directions, whereof five to be a quorum."' 2 1 Correspondence^ vol. ii. p. 314; vol. iii. pp. 239, 285; Analecta, vol. iii. pp. 206, 428. 2 Excerpt from MS. minutes of Assembly 1739, in University Library, St. Andrews. viii INTRODUCTION I have never come on any evidence that the Records of the Commissions appointed by the Assemblies of 1642, 1643, 1644, and J 645 are still extant, and the loss of these records is greatly to be regretted, as no doubt the Commissioners of the Church, in London, corresponded as regularly with the Commissioners in Edinburgh during these years as we find they did during 1646-47. The minutes of these earlier Commissions, along with the ms. minutes of most 1 of the Assemblies from 1640 to 1653, also lost, probably formed part of that collection of Church mss. which the Earl of Cromarty, in restoring a record 2 of still earlier date to the Church in 1708, said were brought together and burned by order of the Restoration Parliament. The appointment of such a Commission by the Assembly of 1642 was deemed by many a new departure, not quite in con- sonance with the sentiments and the practice of the earlier Presbyterian times. When, in 1597, such a wide or 'general' Commission was suggested by King James vi., Melville and the more thorough-going leaders of the Church rather looked on the suggestion with disfavour, as 6 the needle intended to draw in the Episcopal thread,' and the few of them who were allowed a place on that early Commission had little satisfaction in its work. 3 The main object assigned for its appointment was to keep up a good understanding between the King and the 1 Two volumes, purchased from a tobacconist, were handed over to Wodrow, who pronounced the first, which gave a complete account of Assembly 1638, to be no original, but a copy ; and the second, containing, with many sad mutila- tions, the minutes of the Assemblies from 1642 to 1646, to be probably an original. — Correspondence, vol. i. pp. 115-118. A volume of minutes of Assem- blies 1638-39, 40, and some Commission records, perished in the great fire in Edinburgh in 170 1. 2 This valuable ms., like that still in the Advocates' Library, was an abbreviate of the Acts and Proceedings of the General Assemblies from 1560 to 1596, and, unfortunately, it has again passed out of the possession of the Church. It appears to have been retained by the heirs of Lord Prestongrange, in whose custody it was, when Clerk of Assembly, and to have passed with his library of law books into the possession of Mr. Stillie, bookseller, Edinburgh, from whom it was purchased some years ago by Lord Rosebery. 3 Melville's Diary, pp. 311, 312; Calderwood's History, vol. v. pp. 243-261. INTRODUCTION IX ministers, and to advise with him in 6 all affairs concerning the weill of the Kirk 1 1 in the interval between one Assembly and another. The main object for which the Commission of 1642 was appointed was 6 for the public affairs of the Kirk, and for prosecuting the desires of the Assembly to His Majesty and the Parliament of England. 1 2 It could not but be strongly felt that in such a crisis as that at which they had arrived, it was not expedient to leave the entire control of matters in the hands of the few men who represented the Scottish Par- liament and the Scottish Church in London, but that a more numerous directing Committee should be appointed in Scotland with whom they were to communicate, and by whose instructions they were to be guided. And so the Commission became a regular institution in the Covenanting Church, and, in addition to other functions, got or gradually drew to itself considerable judicial power, though it was still doubted whether it could be said to have full statu- tory recognition as a Court of the Church. 3 After the Revo- lution, and the re-establishment of Presbyterian government in the Church, the Commission was once more revived, at first chiefly for the purpose of receiving or refusing to receive into the Church those of the 4 late conform ministers ' who should apply to them, and for disposing of such matters as should be specially referred to them. 4 At first it consisted of fifty ministers and twenty-five elders ; but gradually its membership was increased, till it equalled in number that of the Assembly itself, 5 and finally till it consisted only of those who had actually been members of the Assembly, with the addition of those whose commissions to the Assembly had been rejected 1 Peterkin's Booke of Universal/ Kirk, p. 461. 2 Peterkin's Records of the Kirk, p. 330. 3 Baillie's Letters, vol. ii. 55, iii. 65, 81, etc. 4 Acts x., xviii., and xix., Assembly 1694. 5 * Being just the same members and representation, save the supernumerary members . . . that is, the nobility, lords of Session, Advocate, and Justice- Clerk.' — Wodrow's Correspondence, vol. iii. p. 136. X INTRODUCTION because of some technical informality, and also of one person in room of the moderator of the Assembly. Wodrow evidently knew of these doubts as to its statutory position which were keenly revived in his own time, and thinks it enough to say in reply to them, that memorials and addresses from the Com- mission had on several occasions been received by the Sovereign, answers sent, and civil sanction given to its Acts. 1 But its severe proceedings against the chief 4 rebels,' and the ministers who sympathised with them, in 1646-47, against the Seceders in 1733-34, against the Strathbogie ministers in 1839-41, and against Dr. Wallace in 1873, appear to many to show that its very facility for meeting has made it more liable to be in- fluenced by sudden panic or temporarily excited feeling, than the less frequently recurring General Assembly, where usually a fuller and more representative attendance, as well as greater time for calm deliberation, can be counted on. 2 The volume of these Records now printed casts light on many important transactions, civil as well as ecclesiastical, during two of the most memorable years in the history of the ' Great Civil War" between Charles i. and his Parliaments. This is not the place to enter at length into the causes which led to that prolonged and calamitous war. Briefly and mainly they must be traced up to the arbitrary and oppressive govern- ment of King Charles, his persistent refusal to have recourse to his Parliaments, and to be guided by their counsels — his determination to follow his own sweet will, or that of his able but unscrupulous favourites, and willing instruments in the 1 Cunningham's Church History \ vol. ii. p. 261 ; Wodrow's Correspondence, vol. iii. pp. 134-139, 250-254. He speaks also of the 'privileges and judica- tories ' of the Church as ratified at the Union ; this last word does not occur in the Act of Security. Others refer to the ratification in 1690 of the power of the ' General meeting of the ministers and elders ' to appoint visitors to purge out all insufficient, negligent, scandalous, and erroneous ministers by due course of ecclesiastical process, and for redressing all other Church disorders.' 2 See the debate on the Wallace case, and especially the speech of the late Dr. Cook of Haddington, on 29th May 1873, as reported in the Scotsman of the following day ; also Story's Church History, vol. iii. 626-7, iv. 32-36. INTRODUCTION xi work of repression — Wentworth and Laud. That policy of Thorough, to which they had pledged themselves, could be satisfied with nothing less on the part of the patriots and Puri- tans than the surrender of both liberty and conscience to their direction. They had so completely cowed those in England, that many of them already meditated to leave their native land, when even that privilege was denied them, they had at last muzzled those in Ireland who had been longer borne with, and now, with Laud's insane raid on Scotland, it might well be thought ventum est ad triarios. But 4 there are moments when the stern Scottish nature breaks out into enthusiasm less passionate but more enduring than the frenzv of a southern race," and this and the similar crisis of 1643, when they believed their religion and liberty were both at stake, were such supreme moments. It proved equal to the emergency, and though at times misdirected, at times relentlessly crushed, was not to lose its power till it issued in the triumph of the Claim of Right in 1688. The perfervidum ingenium Scotorum, once fairly roused, had a contagious influence on the friends of Protestant truth and national liberties everywhere throughout the British dominions. The events which so rapidly followed each other in Scotland, and the marvellous revolution they ushered in, are familiar to all who are in any measure ac- quainted with the story and fortunes of the Kirk — the meet- ings in Edinburgh of peers, gentry, commoners, and divines, the appointment of the Tables or committees of each of these parties, their remonstrances against the proposed service-book and book of canons as illegally introduced ; the rejection of their petitions and remonstrances ; the ill-judged attempt to force the introduction of the service-book, the tumult which the introduction of it occasioned in St. Giles" Cathedral ; the renewal of the Confession or Covenant originally signed and enjoined by the King^s father in 1581, with the addition of certain clauses demanded by the new crisis ; the petition for a free and lawful General Assembly to determine the matter in xii INTRODUCTION dispute, and to redress other and older grievances ; the tardy compliance with the prayer of the petition, as well as the suspension of the orders respecting the ill-omened book ; the actual meeting of the Assembly on 21st November 1638, in Glasgow Cathedral ; its attempted dissolution by the Lord High Commissioner, and its refusal to dissolve till the work for which it had been summoned was completed ; its trial and deposition of the bishops and their chief supporters ; its con- demnation of the service-book and book of canons ; its declara- tion of the nullity of the Assemblies which had given a certain sanction to the hierarchy and its restoration of the Presby- terian government of the church, as it had formerly subsisted and had been ratified by King James and the Parliament of 1592 ; the attempt of the King to gain by force of arms what he had failed to gain by policy and proclamations, his quailing when brought face to face witli the Covenanting host on Dunse Law, condescending to treat with them, and promising them an Assembly and Parliament in which their grievances should be redressed ; the renewal of hostilities when neither Assembly nor Parliament proved compliant with his wishes ; the march- ing of the Covenanted army into England, the successes it gained in Northumberland, and the permission accorded to it to winter there ; the despatch of Scottish Commissioners to London to conclude a new treaty, and the friendly relations established between them and the English Parliament ; the success of their mission, and the subsequent visit of the King to Scotland to ratify in its Parliament the concessions made to them, and, if it might be, thereby to detach them from their friends in England, who were now gaining courage to speak resolutely to him — all these important events following each other almost with the suddenness of a dream, and soon to be followed by others as important, are familiar to all who are acquainted in any measure with the story of the Kirk. On the 13th September 1645 the meteor-like career of INTRODUCTION xiii Montrose, first Lieutenant-General and afterwards Viceroy of the King, virtually came to a very unexpected and disastrous close on the field of Philiphaugh. His brilliant and romantic, but singularly ill-advised, 'diversion 1 to restore the waning fortunes of Charles w r as not only fruitless for the purposes it had been intended to serve, but fruitful in spreading red ruin, wanton misery, and reckless spoliation among the dependants of his opponents, and in increasing the exasperation of those who for the moment had been terrorised. Ever since 1642, this member of the Assembly of 1638, who then exceeded in zeal not only Hamilton but Argyll, took an active part in all its measures, and consented soon after to be the chief instru- ment in coercing Aberdeen into submission, had been getting more and more out of humour with his associates, 1 who, as he affirmed, were more and more departing from their first prin- ciples, and who were as unable to satisfy his inordinate ambition as he was soon to find himself to satisfy that of Huntly and the Gordons. He deemed he had got sufficient reason for finally breaking with them, when, in 1643, the Scottish Convention of Estates and the General Assembly of the Church, after anxious deliberation, came to the resolution to make common cause with their brethren in England, as these had done with them in their extremity, and to add to their National Covenant a Solemn League and Covenant for the maintenance of the true 1 'We know that James Graham, then Earl of Montrose . . . did, with tears in his eyes, and both his hands lifted up to heaven, swear unto the Lord in the public Assembly of his people to build those things which he now destroys, and to destroy those things which he now builds ; though the King's Majesty, of whose authority he now pretends to be so zealous, had not then given his royal consent and approbation unto our affairs : But we do as well know that he proved unstable and light as water. His ambition, as it made him impatient of his own condition, and of the estimation of those of better deserving than him- self, so to hearken to the promises of the Court, and to study a faction within, and to entertain secret correspondence and intelligence with the adverse party without the kingdom. And though those his base and treacherous ways were divers times discovered, yet did he still drive his own crooked designs.' — Declar- ation from the Commission of the General Assembly approved by Parliament in December 1645, and published in January 1646. xiv INTRODUCTION Reformed Religion, the nearer union of the Churches in the three kingdoms, and the defence of the liberties of Parliament and people, as well as of the just rights of the Crown. Bidding away the suggestions of worldly prudence they resolved, for the sake of that faith which was dearer to them than life, to put in jeopardy all they had then gained, and to make common cause with their Southern brethren in the time of their sorest need. And if ever nation swore to its own hurt and changed not, made great sacrifices ungrudgingly, bore obloquy and misrepresentation uncomplainingly, and had wrongs heaped on it most cruelly by those for whom its self-sacrifice alone opened a career, it was the Scottish nation at this eventful epoch in its history. It felt that the faith it held dear, the faith which the English nation had helped it eighty years before to secure, the faith which, thirty years later, both nations, with consent of their Sovereigns, had engaged to preserve and defend when assailed by Spain, the faitli which had exercised so benign an influence on their progress, was being imperilled by the oppo- nents of the patriots and Puritans of the South, and it was determined to dare all to secure its safety and triumph, and to assist in bringing the Church in the South into nearer agree- ment with all the other Reformed Churches, that all in Britain, as well as those on the Continent, then also in arms for their faith, might be more closely and cordially united. No one, who remembers that Henderson himself hesitated at first as to the exact course that should be adopted in this crisis, need question the sincerity of Montrose, but while the views of the former were at least statesmanlike, those of Mon- trose were idealistic and impracticable, 1 and so far as they depended for their realisation on the revival of the proposal 1 1 He dashed at his high aim like a Paladin of romance, conscious of the purity of his intentions, and trusting to his own genius to mould to useful purposes the intractable forces which chance might throw in his way. . . . His dream was more of a 1 devout imagination ' than any that had ever entered into the mind of the most fanatical Calvinist.' — Gardiner's Great Civil War, vol. ii. p. 79. INTRODUCTION xv of Strafford — discarded in 1640 — to bring in the Irish Papists to turn the wavering balance in Britain, they were utterly injudicious as well as unpatriotic. These were odious, of course, as Papists, and still more as Irish Papists, who but a few years before had barbarously massacred so many Protestants, of Scottish as well as of English nationality, dwelling peacefully among them, and prominent among them had been Alastair Macdonald the Elder and his sons. 'The wild Irish' in Ireland, as Turner, not unfriendly to Montrose and the royalist cause, though not yet arrayed on their side, confesses 6 did not only massacre all whom they could overmaster, but burnt towns, villages, castles, churches, and all habitable houses, endeavouring to reduce, as far as their power could reach, all to a confused chaos. 1 1 ' This also,' an Aberdeen Scot con- fesses of the Irish in Scotland, 4 could not but offend the Holy of Holies that, when God had given their enemies into their hands, the Irishes in particular were too cruel ; for it was everywhere observed they did ordinarily kill all they could be master of, without any motion of pity, or any con- sideration of humanity, nay, it seemed to them there was no distinction between a man and a beast ; for they killed men ordinarily with no more feeling of compassion and with the same careless neglect that they kill a hen or a capon for their supper ; and they were also without all shame, most brutishly given to uncleanness and filthy lust. As for excessive drink- ing, when they came where it might be had, there were no limits to their beastly appetites ; as [also] for godless avarice and merciless oppression, and plundering the poor labourer. Of these two crying sins the Scots [i.e. Scottish Highlanders] were as guilty as they." 2 This was especially true of the broken men of Badenoch, who, as these records show, 3 had been 1 Sir James Turner's Memoirs, p. 20. For cruelties perpetrated by Macdonald in Ulster, not only on men, but also on women with children on their backs or in their arms, see Reid's History of the Presbyterian Church, vol. i. p. 313. 2 Gordon's Britain 's Distemper, p. 161. '•' P. 252. XVI INTRODUCTION left uncared for almost ever since the Reformation. And, indeed, Mr. Hill Burton does not scruple to say that 4 employ- ing the Celtic races in civilised warfare was employing a force not expected to concede the courtesies of war to the enemy against whom they were let loose. Their hostility was not that of pugnacious enemies met in battle — it was the hatred of one race to another ; and the object was not victory, but extermination. To them the infant and the aged mother were objects of hate and hostility as much as the armed soldier. Hence it was a reproach to any civilised ruler to have used such a force — a reproach like that of employing Indians in the American war." 1 It was no wonder, therefore, that Charles hesitated when the enthusiastic royalist laid before him his complaints against the Convention, and especially against Hamilton, 2 of whom, since the ' incident 1 of 1641, he had been no less jealous than of Argyll, and to unfold his own proposals to retrieve the for- tunes of the royal cause in Scotland. The complaint against Hamilton was not long in being listened to, and this old favourite of the Sovereign, on the accusation of his rival, was commited to prison for what, perhaps, was more his misfortune than his fault. 3 But the acceptance of the proposals was again 1 Hill Burton's History, viL 157. 3 Among all the rancorous pamphlets of these unfortunate times, perhaps none are more painfully rancorous than The manifold practices of the Hamiltons, and partiadarly of the present Ditke of Hamilton . . . to get the Crown of Scotland ; and Digitus Dei or God's Justice upon Treachery and Treason exemplified in the life and death of the late James, Duke oj Hamilton. How any cause could be expected to succeed whose leaders were so hopelessly at variance as Montrose and Hamilton were, passes the wit of man to comprehend. 3 He had hoped by his influence with the nobility and gentry to prevent the Scottish Convention of Estates from siding with the English Parliament in the war. But by the capture of the Earl of Antrim, and the compromising papers found on him, it became known ' that plans existed for a rising of the royalists in Scotland, to be backed by the Irish Catholics.' Under the influence of these disclosures, the elections to the Convention were held. 'The gentry of the counties, as well as the townsmen of the burghs, sent up representatives all but unanimously in favour of a military alliance with the English Parliament. ' And the report of this plot discovered had probably as much influence in per- INTRODUCTION xvii and again deferred, for Charles knew only too well what indig- nation he would arouse against himself among English and Scottish Protestants if, after the recent massacres, he should give any sanction to the introduction of Irish Papists to take part in the war in England or in Scotland, and the fate of Strafford might well have made even such a devotee as Montrose hesitate ere he dared 4 to put it to the touch and win or lose it all/ At last, however, Charles, yielding to the counsels of the Queen, who had but slight scruple in such a case, constituted Prince Rupert Viceroy and Montrose under him Lieutenant-General of Scotland, and arranged that the Earl of Antrim should send over a contingent of the dreaded 4 cut-throats,' to aid the enthusiastic Lieutenant-General in his coveted enterprise. This the earl did in the course of the summer, though they were not under his own command, but under that of his Scoto-Irish kinsman the younger Alastair Macdonald. The fact of their arrival was duly announced to the Scottish Parliament on the 12th of July, and must have been known to Montrose, as Professor Masson has pointed out, before the middle of August, 1 when, after failing to get an English force sufficient to give him a chance of fighting his way through to the Highlands, he made up his mind to enter in disguise, and so passed safely and quietly through the hostile South, and reached his friends in Perthshire. He did so just in time, for the Atholl men were not disposed to take so kindly to the wild Irish as the King's lieutenant was ; but by his tact and persuasion discord was prevented, and the Celts of Atholl rallied to the standard of the King, and the Lieutenant- General set himself at once, and for a time with marvellous success, to carry out his gallant but forlorn 4 attempt to reverse the stream of history. 1 4 It was the track of Mars turned into suading the English Parliament to accept the Solemn League and Covenant, as in emboldening the Scots to press it. — See Gardiner's Great Civil War, vol. i. pp. 206-7, 277, 395, 396. 1 Masson's Life of Milt 'on , iii. 351. COM. b xviii INTRODUCTION a meteor. Marches and battles, battles and marches : this phrase is the summary of the story. Flash the phrase through the Highlands, flash it through the Lowlands, for a whole year, and you have this epic of Montrose and his triumphs' 1 at Tibbermuir, Aberdeen, Inverlochy, Auldearn, Alford, and Kilsyth. There is no reason to suppose Montrose was naturally cruel, but he could be vengeful, as the treatment of the captured cities of Aberdeen 2 and Dundee, 3 and the merciless ravaging of Breadalbane and Argyll 4 showed — ravaging brought on the poor and helpless tenants for the supposed sins of their chief. But the materials which Montrose employed were such as even he, with all his tact and versatility, could not keep in restraint. No cause could justify the employment of such instruments, or the barbarities and spoliation of which they were guilty ; and 1 Masson's Life of Milton, iii. 351. 2 'The Lieutenant follows the chase into Aberdeen, his men hewing and cutting down all manner of men they could overtake within the town, upon the streets or in their houses, and round about the town. . . . And nothing [was] heard but pitiful howling, weeping, mourning through all the streets. Thus these Irish continued Friday, Saturday, Sunday, Monday. Some women they 'preissitt to defioir,' and other some they took perforce to serve them in the camp. The men that they killed they would not suffer to be buried, but * tirrit them of their clothes,' then left their naked bodies above the ground. The wife durst not cry nor weep at her husband's slaughter before her eyes, nor the mother for the son, nor daughter for the father, which, if they were heard, then they were presently slain also.'' — Memorials of the Troubles, p. 407 ; Hill Burton's History, vii. 198. 3 Wishart acknowledges that the Irish and Highlanders set the town on fire in several places, and that it was only owing to their unseasonable intemperance and pillage that it was not all set on fire. The petition of the town to the Parliament speaks of the slaughter of many of the inhabitants, the burning of much corn and moveables, and great part of the buildings of the town. The Parliament estimate their losses at ^162,221 Scots. On his way North, Montrose burned the house of Findowrie and the old church of Lochlee. 4 ' He goes to Argile, burns and slays through his whole country, and left no house nor hold, except impregnable strengths, unburnt, their corns, goods, and " geir," and " left not one fourfooted beist in his haill landis, and sic as wold not call {i.e. drive), they hochit and slew." ' — Spalding's Memorials, p. 442. ' One sees Inverary in flames, the smoke of burning huts and villages for miles and miles, butcheries of the native men, . . . scattered pilgrimages of wailing women and children, . . . fugitive and starving inside glens and corries, where even now the tourist shudders at the wildness. ' — Masson's Milton, vol. iii. p. 354. INTRODUCTION xix had the havoc he caused, or suffered to be caused, been com- mitted against any party south of the Tweed, or in any of the fair counties of England, instead of against the much maligned Covenanters of Scotland, his name would have been handed down to posterity with execration, whatever the brilliancy of his achievements, or the temporary success of his tactics, not 4 with a hero-worship and literary commemoration out of all proportion to the length and fruitfulness 1 of his services. It would have been easy for a far less accomplished and resourceful general, with sucli Highland forces, to have defeated such raw levies as were first sent against him, or even the more seasoned troops led by Hurry or Baillie, overridden by such Com- mittees as assumed to dictate arrangements to them. But 4 on the only occasion on which he met face to face with another commander of repute" he was hopelessly defeated, 1 1 Much has been said and written of the savage cruelty of the covenanting leaders towards the Irish prisoners, and especially towards the women, after the victory at Philiphaugh. Even the latest and most impartial of English historians has not hesitated to indorse this much further than evidence really trustworthy seems to me to warrant. ' The wild clansmen of the North,' he says, 'had con- tented themselves with taking vengeance upon men. The trained and disciplined soldiers of the Covenant slaughtered with hideous barbarity not only the male camp followers, but 300 Irish women, the wives of their slain or captured enemies, together with their infant children.' But the wild clansmen of the North who engaged in this expedition can hardly be separated from the 6 wild Irish ' who were associated with them, and who, as the royalist Spalding admits, in the sack of Aberdeen not only slew women weeping over their dead, but forcibly took away others to a fate more horrible than death. And even if the clansmen of the North could be separated from the wild Irish, the conduct of the Macdonalds towards the Mackenzies forty years before, in setting fire to the church full of the latter, and butchering or tossing back into the flames the children whom their mothers had thrown out, is surely far more atrocious than anything that occurred at Philiphaugh. That ' 300 of the women were the married wives of the Irish ' is affirmed by Gordon alone, who, though ' no friend of the Irish,' was far less a friend of the Covenanters, and 'abhorred their actions and designs,' and it is not in keeping with what he elsewhere says of the ' brutish uncleanness and filthy lust of the Irish.' The women of the camp at Philiphaugh were treated exactly as those at Naseby had been, of whom Mr. Gardiner says, 1 about a hundred being of Irish birth, " with cruel countenances," were knocked on the head without mercy. The faces of the English harlots were gashed in order to render them for ever hideous, and it is not improbable that some officers and soldiers' wives shared the fate of their frailer sisters.' That may possibly xx INTRODUCTION and yet it has been his fortune or his fate, as the have been the case also at Philiphaugh ; but it was not married wives the wild Irish were in the habit of carrying about with in their marches, and if there were any such among the camp followers at Philiphaugh — ' the leaguer lasses,' as Mr. Morris and Mr. Andrew Lang characterise them — there is no proof that these wives being included in the fate of their frailer sisters was more intentional than the similar possible inclusion of them by the English Parliamentary Generals at Naseby. Wishart speaks not of wives but of ' women and boys.' It has been further affirmed that quarter had been promised to fifty of the Irish who laid down their arms, and that faith was not kept with them. There is no doubt, as Hallam tells us, that faith as to conditions of surrender was not well observed on either side throughout these civil wars, and that, besides, differences often arose between conquerors and conquered as to the exact terms of surrender, as in the case of certain notable prisoners concerned in the defence of Colchester, and in the case of the Duke of Hamilton himself after his defeat at Preston, when it was disputed whether the prisoners had surrendered under promise of quarter, or surrendered at discretion, or to mercy, as it was termed. Dr. M'Crie holds that the surrender of these fifty Irish was of this latter sort, as was that of their companions at Dunavertie in 1647, of whom Sir James Turner says, 'the Lieutenant-General might legally enough, without the least transgression of either the custom, practice, or law of war or his own commission, have used them as he did ; for he was bound by no article to them, they having submitted themselves absolutely to his discretion ' {Memoirs, p. 47) ; or, rather, as he admits (p. 46), Leslie had been careful to put it 1 to the kingdom's mercy and not to his,' just as Fairfax was careful to do to those who surrendered at Col- chester (Gardiner's Great Civil War, vol. iii. p. 458). Altogether contrary to the evidence is the statement also made on the authority of Gordon, that ' it soon repented the conquerors that they had spared the lives of fifty soldiers. The churchmen and the noblemen of the Covenant remonstrated warmly against the act of clemency. As the triumphant army passed through Linlithgow, Leslie weakly gave way, and stained his honour by abandoning his prisoners.' The sub-committee of the Scottish Estates (some of whom were not over-zealous Covenanters), by twelve o'clock of the very day of the victory, sent off from the field of battle Sir James Halkett as their accredited messenger to the deputies of the English Parliament, then at Berwick, who reported to them that their forces had killed or taken prisoners twelve hundred of the foot, and had put all the Irish to the sword. Leslie could not bid his soldiers fall on them at Linlithgow, for the very plain reason that they had done so at Philiphaugh. We may grieve at the cruel excesses displayed on both sides, but as Mr. Andrew Lang, in reviewing Mr. Morris's book has said, if the Irish and the Highlanders could march and ' fight like Zulus,' they also 'plundered and massacred like savages. Montrose, in anger at an act of treachery, gave up Aberdeen to a three days' sack. Women and children were violated and butchered. We may remember Badajos a shame as crying, but we cannot marvel or greatly exclaim against the massacre of the prisoners by the Covenanters after Philiphaugh. The Irish, especially, were savages fighting in a comparatively civilised country. They could not expect quarter any more than the Sepoy mutineers, and they did not get it, nor did their leaguer lasses.' As these letters from the Scottish nobles at Philiphaugh to the English Com- INTRODUCTION xxi hero of a party, ' to be maintained as high up in the missioners at Berwick, and from the latter to the Speaker of the English House of Lords, are not generally known, I subjoin them as inserted in the Journals of the House of Lords, vol. vii., the latter at p. 584, the former at p. 593: — ' Right Honourable,— Sir James Hackett this day came from the Scottish army and made a report unto us of a fight that happened betwixt Lieutenant- General Lesley's forces and Montrosse, at a place called Silcreeke, about twenty- six miles from this town, where God of His great mercy appeared mightily for us. They killed and took prisoners twelve hundred of their foot, put all the Irish to the sword ; they charged the enemy with four regiments of horse and some commanded horse of Commissary Middleton's, the rest of their body being near them, but not engaged : One thing was very remarkable, that the Earl of Lanerick (his regiment being one of those that charged) took Sir Robert Spott- wood {sic), his successor, prisoner, and in his pocket the seal the King took from him, so as he is possessed of it again. Montrosse is fled towards the hills with his horse, and ours in pursuit of them. As more particulars come to our hands I shall advertise you ; and so rest, — Your Lordship's most humble servant, ' P. Wharton.' The other Commissioners who were with Wharton were Barwis, Armine, and Hatcher. The object of their mission was probably to try to arrange with the representatives of the Scottish Estates for the surrender of Newcastle and some of the other fortified places then held by their troops in England, and this, pro- bably, is the 1 business ' vaguely referred to in the following letter : — 1 Right Konnorable, — The Condition of Affaires have bin such, and wee have bin soe much taken upp in Pursuite of the Rebells theire Dayes past, that wee could not without the Losse of much Tyme and happy Occasion, take the Leasore to attend our Busines-with you. The Lord hes now made our Endeavor soe prosperous, that we are confident the Issue of this Day will make upp all the Delay and your Patience. If that this Gentleman had not seene and bin an Eye-wittnesse of all the Good which God hes done for us, wee wald have made you a particuler Accompt of the severall Passages of this Dayes Victory. Wee are soe earnestly and necessarily imployed aboute the Pursuite of the Victory, and in makeinge Dispatches, that wee cannott make a perfect Appointment. Bot, God willinge, after good Course and Order shal bee taken with the Dispatches wee have in Hand, it shal bee our Care to attend upon your Honnor, and make some Progresses in the commission wherewith you are intrusted. Wee remitt to you, to make what Use of the Intelligence from the Berer seemes fittest to you. Wee shall studdy nothinge more then to shew our selffis Your Honnors very assured Phillophauche, this Freinds and Servaunts, 13M Sept. hora M. Argyll. Craforde Lyndesay. duodecima, 1645. Buccleuche. Lauderdaile. Lanerick. Yester. Bargany. Forrester. William Scott. Rutherfurd.' For the Right Honourable the Commissioners from the Honourable Houses of the Parliament of England at Barwick. xxii INTRODUCTION temple of fame as the greatest warriors in the world's history. 1 — Hill Burton's History, vii. 198. Montrose by his victories might terrorise or cow into meek submission the Lowland commons. He did not draw, perhaps did not seriously attempt to draw, them to his standard, or win them to his cause. He was, at his best, so far as they were concerned, an aristocrat of the aristocrats, — so far as his equals and the gentry were concerned, a chevalier sans rc- proche — possibly prepared, like his master, to be condescend- ing and kind to the humbler classes if he could only reduce them to that meek submission to their betters, which in former times had been exacted of them, but not prepared to recog- nise them as then a power in the state, and to do what was necessary to conciliate their chosen leaders. It was the Presby- terian clergy who in great measure had made them what they then were, raised them by long and careful training from their former intellectual and moral degradation and from the tutelage of the nobles, made them a power to be reckoned with in Church and State, and bound them together by solemn covenants, which as vows made not to men only, but also to God, it was held to be sacrilege to violate or to explain away. 1 The 4 iron discipline ' which had become irk- some to the nobles, was not as yet felt to be so by them, and in the times of persecution which came, when after 1660 the nobles and the gentry got full swing for a time, it was to show no less conspicuously than that of Calvin at Geneva, what heroes and martyrs it could mould from materials others would hardly condescend to touch. They were deficient, it may be, in much that belonged to the gentle and tolerant side of Chris- tianity, as confessors and martyrs have not unfrequently been, but it was their self-denial and self-sacrifice which kept alive the struggle against arbitrary and tyrannical government, and secured to Scotland its Claim of Right and the restoration of 1 It was they who strove to relieve the misery of the peasants of Argyll, etc. — Pp. 173, 219, 354, 358, the heritors being promised help from England. INTRODUCTION xxiii the Church Government and liberties in Church and State, for which they had contended and suffered. They and their leaders were self-assertive, as all classes emerging from political serfdom to freedom and privilege naturally are, and this, no doubt, led to temporary alienation between them and the nobles — even several of those of them who at first had ranged themselves on their side ; but after twenty-eight years of a restored Stuart monarchy, not a few of their successors were fain to come to terms with them, and be again their leaders. The discipline which the Commission exercised on those who had been led away, or had made defection during what they term 4 that unnatural and bloody rebellion,' was not, according to the then received notions, by any means extreme towards the rank and file of those who had been misled, as appears from many of the detailed processes recorded in this volume. There was an occasional call that an obstinate offender should be 4 put in fermance ' for a time, never for boot or thumbikin, nor for ear-cropping, nose slitting, or cheek burning. The appointment of a day of public fasting and humiliation and solemn admonition in some of the more guilty parishes, was surely a comparatively mild amende. To many even of the delinquent clergy, who had not personally associated with the excommunicated chiefs of the 4 rebellion,' as well as to laymen, who had not actually embrued their hands in blood, it was not very severe — generally involving little more than a written confession of their weakness 4 in time of tentation,' and expres- sion of penitence for their 6 escape,' and public satisfaction for the scandal they had occasioned. But for those who had shed blood, and boasted of what they had done, they appointed longer and severer courses of penitence. There have been few 4 rebellions ' so completely crushed out, which have been avenged by fewer 4 executions.' Had they been those of the rank and file, but little would have been said of them ; but being those of men of superior station and culture, they have xxiv INTRODUCTION been more blamed than almost any of the atrocities of the later Stuart period. It has been usual to lay the greater share of the blame on the leaders of the clergy, rather than on those of the laity. I doubt whether this can be justified, though I make no question they approved of what was done. The men who were at Philiphaugh with Sir David Leslie were not the ministers of the Kirk, nor Argyll only, but the leading Hamil- tonian nobles too — Lanark, Lauderdale, Lyndsay, Buccleuch, etc., and what was there and thereafter done, it cannot be doubted, was done by their direction or approval. There was strong temptation to Argyll, if not utterly devoid of all feeling for his plundered dependants, to allow signal vengeance to be taken on the 4 wild Irish,"' as well as for Lanark to be in anything but a benevolent humour towards Sir Robert Spotswood, who was taken with a Commission in his pocket conferring on him the office Lanark had hitherto filled. When the volume opens, the Commissioners of the Parlia- ment and Church of Scotland were still at Worcester House in London, and several interesting letters from them to the Com- missioners in Edinburgh are inserted at length, which only make us regret the more the loss which the disappearance of the earlier volumes has entailed on us, of what would have been a most valuable supplement to the letters and journals of Robert Baillie. But though the Commissioners still continued to prosecute the treaty for the civil and ecclesiastical union of the two kingdoms, in terms of the Solemn League and Covenant, far-reaching differences between the Scottish Covenanters and a considerable part of their English allies had by this date made their appearance. Not a few who at first could find no terms too high to express their deep sense of obligation to their 'brethren of Scotland, 1 who had so generously cast in their lot with them, at the time of their extremest need, nor too severe to express their indignation against those who acted as if 6 the great affairs of two dying kingdoms could wait on INTRODUCTION XXV their captiousness,' 1 had now become jealous and obstructive towards the proposals of their own Presbyterian countrymen, and bitterly opposed to those of their Scottish brethren, mini- mising the value of their assistance, depreciating the services of their army, and paralysing its activity by gross failure to provide for it the most necessary supplies. 2 This could not continue long without cooling the ardour of the Scots in their service, and it is sad to read the mournful complaints of their Commissioners as to the treatment their forces received, and the hardships they had to bear from want of sufficient food and clothing, in contrast with the more generous measure meted out to the English forces of the new model in their vicinity. 3 No sooner, therefore, had the King come into their camp at Newark, 4 and been persuaded by their chiefs to order 1 Lightfoot's Journal of Proceedings of Westminster Assembly, p. II. 2 Whilst the Government at Westminster had thrown upon Leven ' the burden of the conflict with the King's army, it had kept its own forces out of harm's way, "tied by the leg," round Oxford. Though the hard work thus devolved upon the Scots, nothing had been done to pay or to supply them. An assessment indeed had been laid upon certain English counties for the support of their army, but not a penny had been raised, while Fairfax's troops received their pay fort- nightly with the titmost regularity.' — Gardiner's Great Civil War, vol. ii. p. 188. 3 While the violent party 1 had need of it, or hopes that the kingdom of Scot- land might co-operate to the working of their designs, they could do their utmost to satisfy and to provide for it. . . . But now they can let many months pass with- out sending them any money, or taking any care of their supply, or so much as affording them good words.' — Hollis, in Mazeres Select Tracts, p. 217. They had to leave Hereford because, after the departure of David Leslie and his con- tingent, they had not sufficient cavalry to forage for provisions, and in their extremity the soldiers could not be restrained from eating the unripe fruit of the orchards, and so being made unfit for duty. The Scotch Commissioners pro- fessed their earnest desire for their advance to Newark, but explained that they were 'very naked,' and begged that for their encouragement the Houses would provide the clothes for them, ' without which they are able to do no service in winter.'— Lords' Journals, vol. vii. p. 665. For the neglect of them, when they encamped before Newark, in comparison with the English forces, see letters of the Scotch Commissioners, Appendix, pp. 580, 581. 4 As the latest English historian of the ' Great Civil War ' has done tardy justice to the important services rendered by Sir David Leslie and the Scotch horse in the battle at Marston moor, so the Editor of the recently-issued volume, Calendar of State Papers, 1645-1647, has vindicated the action of the Scottish leaders on this occasion from long prevalent misrepresentations. He says (Preface, p. xlvii), ' There appeared to be only one chance of retrieving the King's lost xxvi INTRODUCTION the surrender of that town to the English Parliament, than they hurried off to the North, where they would not be so cause, and that was the one formerly recommended by the Earl of Holland and Mons. Montreuil, to throw himself into the arms of the Scots. This, Ranke tells us, was not Charles's own idea, but he accepted it as seeming to offer him an endurable solution.' ' And so it might, if he could only have made up his mind to accept without reserve the Presbyterian form of Church Government, which the French Agent thought he might well have done, without risk to his kingly power. Charles's conscience, however, revolted against taking such a step without further consideration, and the Scots proving equally obstinate on this head, no positive agreement could be come to for Charles's reception in their camp before Newark. The utmost that could be obtained by Montreuil was that his person should be held inviolate, and every mark of respect should be shown to him.' . . . 1 Immediately after the King's arrival was announced in the Scots' camp, the Earl of Lothian visited him at the lodgings of the French Agent, Montreuil, and presented for his confirmation a series of demands, in- cluding the immediate surrender of Newark into the hands of the English Com- missioners, the signing of the Covenant, and declaration for the establishment of Presbyterianism both in England and Ireland, as well as the surrender of Montrose in Scotland, whom he spoke of as James Graham, implying that the title of Marquis conferred on him by the King was not to be acknowledged. This last demand Charles took for a personal insult, as denying to him the exer- cise of the Royal Prerogative. He indignantly replied, 1 He who made you an Earl, created James Graham a Marquis." This was no intentional slight impro- vised by Lothian to annoy Charles, as he apparently supposed.' It was not merely, however, as Mr. Hamilton supposes, an assertion that the Parliaments did not recognise any titles conferred by the King since the war began, but also a plain intimation that the Scottish Commissioners meant to uphold the action of the Convention of Estates in declaring Montrose a traitor, and forfeited for the part he had taken in the ' late unnatural rebellion.' The King's reply settled matters, and though treated with every mark of respect, ' he was no longer regarded as a guest of M. Montreuil, but as their prisoner.' The correctness of the view here given has been called in question, but it seems to me to be borne out by the statements of one who examined very carefully Montreuil's despatches. 1 The error which imputes to the Scots disingenuous, if not treacherous, conduct to their unfortunate Sovereign, is refuted by the fact that Montreuil's engage- ment was signed before he went to Newark, and that before the King's departure from Oxford he had apprised his Majesty of the refusal of the Scots to ratify the promises he had made. It was in the full knowledge of this fact that the King sought refuge in the Scottish camp. ... It is possible that some persons in London may have promised more than they were able afterwards to perform. But they were few, and, according to Sir Robert Murray, were misled by their zeal in the King's service. . . . That Montreuil had no authority from them to promise what he engaged to the King is apparent by his own letters, both from London and Newark, and is confirmed, instead of being invalidated, by the vague manner in which he afterwards complains of their breach of faith, stating no particulars, wherein his own letters are not evidence against him.' — Edin- burgh Review, vol. lx. pp. 36, 38 ; also Bruce's Charles I. in 1646, p. xvi. INTRODUCTION xxvii straitened in their quarters, and where, being in possession by treaty of some fortified places, they would be more able, if need arose, to hold their own. They remained for several months at Newcastle, the largest of these places, chiefly to allow time for those negotiations between the Parliaments of both kingdoms and the King, with a view to the prosecution of which he said he had come into their camp ; but in part also because they were determined not to surrender the fortified places they held till some satisfactory arrangement was made in regard to the large arrears then due to that army which they had equipped and sent out in the depth of winter to aid their English brethren when their cause was at its lowest ebb. Unexpected complications to the negotiations arose from the King remaining obdurate to all their appeals, and refusing his assent to the only terms on which they felt that they could, as consistent Covenanters, honourably interpose between him and the more recalcitrant of their English allies, or consent to take him with them and restore him to the full exercise of his royal authority in Scotland. The Estates had been warned 1 against attempting to do so by the Commission of the As- sembly, and in return to the query addressed by them to the Commission, had received the reply that it would be a matter of most dangerous consequence to religion, this Kirk and Kingdom, and to the King himself and his posterity, to bring him into Scotland as matters then stood, and that if he should be excluded from government in England for not granting the propositions concerning Religion and the Covenant, it would not be lawful for the kingdom of Scotland to assist him for the recovery of the government there. 2 They had no alterna- 1 This 'solemn and seasonable warning ' of 17th December, as given pp. 148- 152, is one of the most succinct and forcibly reasoned of their papers. It led at once to a conference between a committee of their number and a committee of the Parliament, and the results of the conference appear decisively in the Instructions of the Parliament to their Commissioners at Newcastle, which put an end for the time to any hopes the King may have entertained of dividing them from their ' brethren of England.' 2 The query and their answer will be found on pp. 153, 154. xxviii INTRODUCTION tive, therefore, if they were not to quarrel with their own Covenanting Church, or their covenanted allies of the English Parliament, who claimed the sole right to dispose of the King's person while in England, and in the keeping of an army in the pay of England, but to leave him with the Commissioners of that Parliament, expressly stipulating that his person should be in honour, safety, and freedom, in one of his own houses in the neighbourhood of London, and that their Commissioners should at all times have free access to him. And, in acting thus, they were surely more regardful of their Covenant and of Parliamen- tary authority than that belauded army which, after abusing them in so many ways, and doing its utmost to stir up the English Parliament against them, did not hesitate, when it had got them fully out of the way, to carry him off from the resi- dence and the guards their own Parliament had appointed for him, and for their own sectarian ends to retain possession of his person, or control of those who had the possession, till they had brought him to his doom. Hollis, in his Memoirs, says the violent party were very desirous that the Scots should carry the King with them, and that nothing could have been more injurious to his interests ; while we are told by Berkley, who is much confirmed by Baillie, that the Presbyterians had secretly engaged to the Scots that the new model army should be disbanded and the King brought up to London with honour and safety. This was probably conditional on his declaring in favour of Presbyterianism. This understanding may be urged in justification of the Scots for delivering the King up to the English Commissioners. It is a popular error to suppose that the payment of the i?400,000 arrears to the Scots had anything to do with the negotiations for surrender of the King's person. The votes for the former were passed on August 21, 27, and September 1, 'the acknow- ledged incentive being to be rid of their brethren of Scotland ' (Burnet), while the negotiation for the surrender of the King's person was not begun till about the 24th of December. The INTRODUCTION xxix King would appear to have entertained no strong feelings on the question whether he should be transferred to the English Commissioners or proceed with the army to Scotland. In his letter to the Parliament from Newcastle on the 20th December, he apparently ignores his position as a prisoner in the Scottish army, and expresses a wish to come to London, ' where, by his personal presence, he may not only raise a mutual confidence betwixt himself and his people, but also have those doubts cleared, and those difficulties explained to him, without which he declares he cannot give a particular answer to the Proposi- tions ' submitted for his acceptance by the Parliament. This letter was but a repetition of one he had sent to the Houses from Newcastle on 10th June 1646, for which see Rushworth, Part iv. pp. 275, 276. Within three weeks after this letter of 20th December was written, it was resolved in the Commons House, ' that a Committee be appointed by both Houses to go to Newcastle to receive the person of the King from the Scots Army.'' 1 The close intercourse maintained during so many months between the King, on the one hand, and the representatives of Parliament, and several leading Scottish nobles on the other, failed in the end to issue in the conclusion of a treaty satisfac- tory to the Parliaments of both kingdoms and the Covenanters generally. But it did not fail to issue in consequences which were speedily to prove disastrous not only to these nobles, but also to their country and their King, as the Commission had faithfully warned them would be the case. The King, while carefully guarded from intercourse with 4 malignants," seems to have been allowed a free hand to play his favourite double game with the Scottish nobles. 2 The Duke of Hamilton in 1 Hallam's History, ii. 165 ; also Calendar of State Papers ; 1645-7, p. lvii. 2 He amuses the Queen in his letters with an analysis he had made of the Scots . . . into the four factions of the ' Montroses,' or thorough Royalists, the 'Neutrals,' the ' Hamiltons,' and the 'Campbells,' or thorough Presbyterians. . . . He has no doubt that the real management of Scotland lies between the XXX INTRODUCTION particular, though only recently freed, by the success which had attended the English Parliamentary army, from the captivity to which, in consequence of the charges brought against him by Montrose, the King had consigned him, was no sooner ad- mitted to familiar intercourse with the companion of his youth, than he came once more under the spell of that fascination which Charles knew so well how to exercise when it served his purpose, 1 and moved with pity for his misfortunes, appears very early to have resolved to do his utmost to secure the restoration of the King on easier terms than the Covenanters had demanded. By the plausible diplomacy in which he was such a master, he strove to bring round his countrymen to that more generous and trustful course of action from which Montrose's rougher methods of fire and sword had only tended to alienate them the more. On his return to Scotland in August, he appeared before the Commissioners of the Church, and expressed to them his regret that, through his unfortunate imprisonment, it had been his fate to be one of the last to give proof of his sympathy with the national aspirations, and his determination to show by his future conduct that it was not will but opportunity which had been lacking to him hitherto. He had signed, he told them, the Solemn League and Covenant when he recentlv took his seat as a member of the English House of Peers, and he had since renewed his subscription in Hamiltons, leading most of the nobility, and the Campbells, commanding the votes of the gentry, the ministry, and the burghs ; he refers individual Scots about him to the classes to which he thinks . . . they belong respectively ; he tells how they are all courting him, and he is behaving as evenly to all as he can ; and his opinion upon the whole business is that ' they will all have to join him in the end, or, which would be quite as satisfactory to himself and the queen, go to perdition together. What could be done with such a man? Quite unaware of what he was writing about them, the Scots were toiling their best in his service. — Masson's Ah'lton, vol. iii. p. 417. 1 It may be said of him as it has been of Montrose, ' what passed is not known ; but one has very little doubt that Charles did what all the Stuarts could do — he bewitched his opponent. This one mysterious gift they all possessed ; indeed, it is not dead with them, and they bewitch us still, against our reason, from the tomb that h'es under Canova's monument in Rome.' — Lang. INTRODUCTION xxxi the Committee of the Estates, and he promised to manifest by his actions his zeal for the maintenance of the Covenant, even to the hazard of his life and estate. 1 The Commissioners ex- pressed their satisfaction with the statement he had made to them ; but it is evident that the more far-sighted among them did not mean to take him, any more than they had taken Montrose, at his own valuation, much less to desert, for one who had been so shifty in the past, their already well-tried and trusted leaders. Though he failed to draw them into his toils, he very soon gained over quite a number of the nobles who had never been so hearty in the Covenanting cause, and the alliance with the English Parliament, as the mass of the nation had been, and who were ready to follow any leader who would promise them speedy deliverance from the complications that alliance had occasioned, and relief from the heavy burdens it had brought on them, and an opportunity of doing what several of them had wished to do at Newcastle — come to an agreement with the King on terms less exacting than the older friends of the Covenant were disposed to accept. Along with these nobles, who, like himself, had now made their peace with the Church, he set himself zealously to manipulate the approaching Parlia- mentary elections, so as to secure the return of members for the shires and burghs more or less under their influence, or likely to concur in their proposals, as these were at length with much plausibility, but with questionable sincerity, pro- pounded. In this they were far more successful than they had been in the elections of 1643. The representatives of the counties and burghs were about equally divided between the party of Hamilton and that of Argyll, but a large majority of the nobility were on the side of Hamilton, who, however, frankly confessed that though he had greater following in Par- liament, his opponents had 'the greater power in the kingdom."' 2 1 Pp. 23, 24. 2 Gardiner's Great Civil War, iii. pp. 331, 332. xxxii INTRODUCTION He and his party still professed adherence to the Solemn League and Covenant, and their determination to seek a settlement with the King on the basis of it, and they averred that their representatives had substantially secured this by the Treaty or Engagement which they had concluded with the King at Carisbrooke on 27th December 164-7, and which had been duly reported by the Chancellor and Lauderdale to the Committee of Estates on the 10th and 15th of February, and to the Commission of the Assembly on the 16th of the same month. A full account of the Chancellor's addresses to the Committee of the Estates will be found in Stevenson's History of the Church and State of Scotland, pp. 583-586. The King's letter to the Commissioners of the Assembly will be found at p. 356 of this volume ; the written summary handed in to the Commission on the 22d February, of the verbal statement the Chancellor and Lauderdale had made on the 16th, does not find a place in the minutes of either day, but its several articles are given in the Commission's Declaration of 1st March, at pp. 376, 377, and 379, of this volume. The terms they had secured did not appear to be satisfactory either to Argyll's party in the Parliament or to the Commis- sioners of the Assembly, and when it began to be whispered that if they succeeded in their proposed enterprise, they did not mean to hold the King strictly even to these terms, and when they were found to be maintaining correspondence not with the Presbyterian and Covenanting party in England, but with those who hitherto had opposed them, and against whom the League and Covenant had been specially framed, this could not fail to lead to bitter dissension and more complete aliena- tion between the majority of the Parliament and the Commis- sioners of the Church. To the latter, their profession of loyalty to the Covenant of 1643 seemed as hollow as that of Montrose when he claimed to be still loyal to the Covenant of 1638. The movement, as Mr. Kawson Gardiner truly says, INTRODUCTION xxxHi it 1 was a dishonest one from the beginning — cloaking its Royalisnl in the disguise of Presbyterian zeal.'' 1 The breach became irre- A 1 They wished to humble the Presbyterian clergy in Scotland, though they deceptively posed as the advocates of Presbyterianism in England.' — Great Civil War, hi. 329. This deceptive pose was not then adopted by them for the first time. According to Burnet, when Hamilton and his friends failed, in 1643, to prevent the conclusion of the league with the English Parliament, they still hoped it might be easier for them, when the Scottish forces were in England removed from local influences, to work upon them and a number of their officers, and so ' gain them to the King's service, than it was at that time to work upon the whole nation. ' And from various references in Sir James Turner's Memoirs it appears that it would not have been difficult to have brought over him, and Middleton, and other soldiers of fortune. Even Callendar was regarded by Baillie as but half-hearted in the cause, from his refusal to fight against Montrose, and from his very ambiguous conduct at the siege of Hereford, after Sir David Leslie had left for Scotland (Letters, iii. 40). The same deceptive pose was taken up when it was attempted to procure the disbanding of the old army on its return from Eng- land in 1647, and it was only through the influence of Argyll, and other old and tried friends of the Covenanting cause, that this was in part prevented. Mr. Gardiner, founding on certain despatches of Montreuil to Cardinal Mazarin (vol. iii. pp. 329-332), seems to regard the first communication of the Commis- sioners of the Church to the Committee of the Estates, in February 1648, as an ultroneous new departure, and not as the natural and almost necessary sequence of Loudon's and Lauderdale's approach to them and report of the arrangements in regard to religion made in the 'Engagement' (p. 355 of this volume). Their petition to the Committee of Estates — not on 16th, as Montreuil has it, but on 17th February — related to this report (p. 357), and simply thanked the Com- mittee for the report made to them, expressed the hope that the same course would be followed in future, at least in so far as the Covenant and Religion were concerned, and requested that, before further procedure in matters so important, a day should be set apart for humiliation and prayer for divine guidance. The Committee at once expressed themselves ' heartily content ' to comply with the request of the Commission, and on the following day they intimated that they had appointed a sub-committee ' to consider of the present dangers,' and 'desired the Commission to send some of their number to confer with them ' (p. 360). This they agreed to do, and on the 22d February they received in writing, according to promise, the report which Loudon and Lauderdale had . made to them verbally on the 16th (p. 362). Mr. Gardiner, relying on Montreuil, repre- sents the proceedings which follow as taking place in a General Assembly, in which ' the lay elders ranged themselves with Hamilton, as the noblemen ranged themselves with James at the Assembly of Perth. With the exception of four, every lay elder in the Assembly voted against the publication of a manifesto which had been drawn up by the ministers. The ministers, however, com- manded a majority, and the manifesto was sent to the press, though, on March nth, in consequence of a strong protest from Parliament, the ministers agreed to refrain from issuing it, at least for a time.' But there was no meeting of the General Assembly at this time, nor for three months after, when Hamilton and his chief supporters were already in England, and some who remained behind COM. c xxxiv INTRODUCTION parable, when all the remonstrances of the Commission and the protestations of a large minority of their own number failed to induce the majority of the Parliament, before embark- ing in a new war, and exposing themselves to the charge of breaking their League and Covenant with the English Parlia- ment, first to make an earnest effort to come to an under- standing with their Covenanting brethren in the South, who were under censure for the part they had taken about certain duels. The Com- mission, in which the proceedings, incorrectly reported by Montreuil, really took place, was at this time a much smaller body than the General Assembly, and the proportion of elders in it also relatively smaller. On the first occasion, 25th February, when the Committee of Estates — not the Parliament — requested that the Commission, before proceeding to any Remonstrance or Declaration, would communicate with them, and when the Commission replied the same day that they were preparing a Declaration which, as soon as it was ready, should be communicated to their Lordships, 'as they have used in the like cases before,' there were only four elders present at the first sederunt, and two at the second, and two if not three of these belonged to Argyll's party. Conferences were held by a sub-committee on 28th and 29th February with Loudon and Lauderdale on the 'draught of the Declaration,' and various words and phrases were modified at their desire. When, on the latter day, and on 1st March, the Declaration was brought formally before the Commission, the dispute turned, not on the question of the publication of it, but on the contents of certain paragraphs which were objected to by Lanark and his friends as altering the genuine sense of the Covenant, and doing wrong to the king. This 'was resolved negative" on 29th February, but was again brought up on the following day, and ' it was resolved by plurality of voices ' that the paragraph should stand as it was, and ' after hearing the Declaration read again and again, and after much debate thereupon,' the Commission approved of the same. It was on these matters and on these two days that any serious debate occurred in the Commission — there being nine- teen elders present on the former and twenty-eight on the latter (p. 371, 372). If Montreuil's assertion were limited to the elders who were Peers, it would pro- bably not be much at variance with the fact that only four, including Argyll, voted with the majority of the ministers ; but if it is extended to those of the gentry who belonged to his party, and continued to attend the Commission when Lanark and his following left again, to such men as Warristoun, Stewart, Libertoun, Garthland, Kennedy, Glendoning, and Porterfield (who was soon afterwards, as the Provost of Glasgow, to appear among the Western Remonstrants), it would require stronger evidence than the testimony of a partisan and an outsider to gain it credence. Burnet says expressly that the elders of the humbler ranks continued to side with the ministers when those from among the nobility had ceased to do so. The resolution of the Commission to print the manifesto as soon as it was presented to Parliament was adopted on 8th March, and at that sederunt there were no elders present (p. 385). On the following day a paper from the Parlia- ment was laid before them, but was returned in order that it might be authen- ticated by the signature of the Clerk, and, having been so authenticated, it is INTRODUCTION XXXV were hardly less anxious than themselves for the continuance of monarchical government, and for an honourable settlement with the King, and then, if, with their concurrence, recourse must once more be had to the arbitrament of the sword, to employ none in high command save the old Generals who had given the fullest proof of their fidelity to the cause, as well as of their military capacity and prowess. There were no doubt faults on both sides, as Baillie mournfully confesses — on the part of Hamilton and his friends, too contemptuous a rejection of the overtures of the English Parliament and their deputies, inserted in their minutes on the ioth. It is simply a respectful request that the Commission would refrain from divulging their Declaration till the answer of the Parliament thereto should be sent to them (p. 387). Their reply, which was sent on the same day, is somewhat of the nature of a protest — though a very respectful one — and ends with the assurance that, while ' exonering ' their con- sciences, ' they humbly desire their Honours to rest confident that ' . . . they should be ' most unwilling to give their Honours any cause of offence ' (p. 388, 389). In consequence, deputies from the Parliament appeared before the Com- mission on nth March, expressing the willingness of the Parliament 'to keep a good correspondence with them,' and desiring to know ' if there was any intention to divulge their Declaration the morne, being the day appointed for public humiliation in the'kirks of this town ' (p. 389). This harmless paper, I suppose, is what Montreuil terms 'a strong protest,' and twenty-one elders were present on that day, but there was no out-voting of the elders of the Hamilton party, and the Commission, apparently without division, returned answer ' that they had no intention to divulge the Declaration the morne, that it is their earnest desire to keep a good correspondence with their Lordships, and that the Clerk is not to give out any copies [of the Declaration] without public order from the Commission.' But on Monday morning (13th March), when they met again, with nine elders present, but none of them of the nobility, they at once ' appointed the Clerk to divulge the printed copies of the Declaration presently (p. 390), and ordained it to be read in all Churches. ' What occasioned this sudden change of procedure? Baillie says {Letters, iii. 35) it was the fact which then came to their knowledge that on the preceding day, set apart with concurrence of Parlia- ment for solemn humiliation and prayer for divine guidance, a challenge had been given to Argyll by Crawford Lindsay, and arrangements made by Lanark and Major Innes for a duel between them. And though the duel was prevented (p. 393, note),\h\s, no doubt weighed much with them, and ultimately emboldened them to suspend Crawford Lindsay and Lanark from sitting on the Commission. But one is inclined to conclude that the fact that on the ioth, when the Parlia- ment were professing such friendly sentiments towards them, they had actually sent for the printer of the Declaration to examine him as to what had become of the printed copies (see note p. 589) — a fact they had not known on Saturday, but had come to know by Monday, increased their suspicions that the Parliament were not dealing fairly with them in this matter. XXXVI INTRODUCTION when they were in a repentant mood, too much hectoring of those who differed from them at home — on the part of the Commissioners of the Church, too much jealousy of Hamilton and his associates, too little forbearance and gentleness towards the weaker sort, and too much place given to the carping criti- cisms and rash severities of extreme men among themselves. But, on the whole, the papers of the Commissioners of the Assembly recorded in this volume of their Minutes, and separately printed at the time, seem to me the more straight- forward, the more forcible, and certainly the more logical, if regard is to be had at all to that Solemn League and Covenant by which both parties professed to hold themselves bound, and thoroughly justify their determination to give no sanction to another attempt to attain its ends by war save as a last resort, and then in concert with their Covenanting brethren in England (p. 529), and under commanders in whose principles and military experience they could have entire confidence (p. 530). It has been often affirmed that, in this controversy with the majority of the Parliament, the Commissioners of the Assembly went out of their proper sphere, and intruded into that which of right belonged to the State, but they did nothing more at this crisis than the Assembly had been invited by the Parliament to do in 1643, when the Solemn League and Cove- nant was first adopted and subscribed — nothing more than its Commissioners had been allowed without challenge to do on vari- ous occasions since — nothing more than they had been actually invited to do by the King's letter, by the action of the deputies who had negotiated the treaty at Carisbrooke (p. 355) and by the Committee of Estates (pp. 367-8). No doubt these last had hoped to cajole or concuss them, and through them the mass of the common people, into acquiescence in the Treaty and in the war. But if there was to be a reference to them such as had been made, and a desire expressed, as often before, to have their advice so far as the interests of Religion and the Covenant were concerned, the reference must be a real reference — con- INTRODUCTION xxxvii ceding to them freedom of judgment — the advice must be that which approved itself to their own consciences. In all this at least there was nothing Hildebrandine — nothing that the Church under Knox and Melville had not often claimed — nothing, as they point out (p. 552), which the recently-adopted Confession of Faith did not amply warrant. If the ark of God was to be brought into the battle, and the religious sanction of the Covenant they had sworn to God was to be invoked as requiring the action now proposed to be taken, the Church, which was as distinctly a party to that Covenant as the State, might have fairly claimed, even though not invited, to give its view as to the true interpretation of the Covenant. It was little wonder if, when their liberty of pub- lishing their views was questioned, and they were threatened with the penalties of the Black Acts of 1584, and publicly represented as 4 favourers of Sectaries, 1 ' haters of the King and of monarchical government 1 (p. 535), their indignation should be aroused, and they should be tempted to threaten church censures, and try once more 4 whose sword was sharpest. 1 Both parties had lost temper, as the Declaration of the Parliament {note, pp. 535-6) and the Vindication in reply seem to show ; but the latter appears to me the more able and forcible of the two productions (pp. 547-556), while the concluding paper of the series called forth from the Commission 4 by the public request of the Parliament, 1 is at once a dignified and tender remonstrance (pp. 562-566) with misguided members of their flocks. It has generally been represented that it was the ministers of Scotland who were most eager to break with the English, because of their shortcomings in fulfilling their Covenant obligations, and setting up only 4 a lame Erastian presbytery, 1 but from the advice tendered by the Commission on various occasions to their representatives in London, it is seen that none in Scotland were more ready than they to recognise the value of what had been already accomplished, and to deal XXXV111 INTRODUCTION forbearingly with their friends in the South for their short- comings, while earnestly doing all they could to urge them on to further attainments (pp. 59, 162, 1 310, 326). It was the lay representatives who fancied they were unduly slighted by the English, or who had been ' bewitched 1 by the King at Newcastle, who were most inclined to be impatient and quarrelsome, and to favour harsher methods of expressing disappointment ; and here, on the very eve of the new war, it is the Commissioners of the Assembly who plead for forbear- ance towards the English, and question whether their short- comings were such as ought to be construed into such a serious breach of their Covenant as could only be avenged by war. Unless I am greatly mistaken, they come down in their last paper to what was Baillie's standpoint at a somewhat earlier date, 2 and appear not to press any more the King's personally signing the Covenant, provided only he will, by Act of Parliament, impose it on his subjects. As matters then stood in England, they ought, no doubt, to have gone further, and allowed some measure of freedom to the subjects also, and a greater measure of toleration than they were then pre- pared to grant to those who differed from them. It is a mis- representation to say they were opposed to it in toto ; for while they never weary of blaming the ' unlimited toleration ' advocated by the Sectaries, and wished rather a certain amount of forbearance and latitude within the National Church than separation from it, few of them would have hesitated to go as far as Gillespie, when he said, ' It is far from my meaning to advise any rigorous or violent course against such as being sound in faith, holy in life, and not of a turbulent or factious 1 The statement on this page is especially noteworthy, as occurring in a letter signed by Loudon and Lauderdale, as well as by the clerical commissioners in London : — * It is but too manifest that the designs of the malignants in both king- doms, under colour of defending or vindicating the King's just power and great- ness, tend to no less than to draw away both nations into a defection from the cause of God, and into a breach between themselves. Ten thousand deaths and all the calamities in this world were rather to be chosen,' etc. 2 Baillie's Letters, iii. 4. INTRODUCTION xxxix carriage, do differ in smaller matters from the common rule,' or when he added on another occasion, ' I wish that, instead of toleration, there may be a mutual endeavour for a happy accommodation. . . . There is a certain measure of forbear- ance, but it is not so seasonable now to be talking of for- bearance but of mutual endeavours for accommodation." 1 Still they ought to have gone further than this, as the Presbyterian party in the English Parliament were then disposed to do, and it cannot be doubted that their reluctance to do so greatly interfered with the chances of a happy settlement of the con- troversies which were then raging in the South. But the situation, it humbly appears to me, was by that time almost hopelessly complicated, on the one hand by the persistent insincerity of the King, and his determination to accept of no settlement which took away from him the chance of ulti- mately regaining almost absolute power, 2 and, on the other, by the growth of republican sentiments in the English army, and of the consciousness of their strength to enforce their will on the divided nation, and on the King as 4 chief delinquent." Before the Assembly met in 1 648 and approved of the pro- ceedings of the Commissioners of the Assembly of 1647, the Duke of Hamilton had set out with an army, variously estimated at from 10,000 to 15,000, on the vain attempt to reconquer England for Charles. The sad story of the misfortunes and fate of this army and its leaders belongs rather to the next volume of the records of the Commission than to this, but I cannot close this Introduction without a sentence or two on the utter hopelessness and folly of the enterprise. It had been hoped that it would unite the English and Scottish Presby- terians and the old Cavaliers in a combined effort for the 1 See also the reference to the same subject in the Marquis of Argyll's speech to the deputies of the English Parliament in the Painted Chamber at West- minster on 25th June 1646, Lords' Journals, vol. viii. p. 392, which is said for a time to have made a favourable impression on moderate Independents. 2 See the proofs of this even at Newport. Masson's Milton, iii. 608. xl INTRODUCTION restoration of the King on easier terms than had previously been demanded. But before the expedition could be got ready it was clear that it was not to have the general support of the English Presbyterians, nor the approval of the Com- missioners of the Kirk, nor the hearty sympathy of the mass of the Scottish people. The old General, Leven, and his nephew, Sir David Leslie, declined to take part in it, and even the Chancellor Loudon drew back when it was only not too late. The army was put under the Duke of Hamilton as Commander-in-Chief, with the Earl of Callendar as Lieutenant- General, and if ever commanders proved their incompetence for their high position, they did so beyond dispute. With all the pressure which Sir James Turner admits had been used, the levies came in but slowly, and many of them were but half- hearted in the cause. Several of the regiments had little more than half their full number, and hardly 6 the fifth man could handle pike or musket. 1 Though the horse were the best Scotland had ever sent out, 6 the troopers were raw and undis- ciplined." They had no artillery and very little ammunition, and still less money, so that they had to depend for subsistence on the plunder of the country through which they marched, and necessarily alienated the people from them and their cause. 4 The Engagers,' as Mr. Hill Burton says, ' had under- taken a mighty project, destined, according to their own expectations, to revolutionise the whole tenor of the events passing before their eyes ; the end, however, was so futile that it is necessary to hurry past it as among the abortive efforts for which history can only afford a casual notice.' 1 They floundered rather than marched through rain and mud as far as Preston, in Lancashire, and there, after two days' fighting and retreating southward before the English forces, the main body, worn out by the privations they had endured, and disheartened by the incompetence of their commanders, surrendered to Cromwell and his subordinates. But though the enterprise was futile for the purpose it was meant to serve, it was fruitful INTRODUCTION xli in consequences disastrous to their Sovereign, their General, and their country. It finally steeled the leaders of the English army to urge on that course they had long been accused of meditating, for the trial and punishment of the King as the ' chief delinquent, 1 and soon after to bring the Duke of Hamilton to a similar end, as a traitor to the kingdom of England, of which he was a peer, while the soldiers who had followed him without being pressed into the service were given over as food for powder to the Venetian republic, or were shipped to the plantations beyond sea, bound to servile labour, as it has been rather mildly put, or ' were sold at a small price as slaves to the West Indies,' as the biographer of Montrose boldly blurts it out. 1 Further, this luckless enterprise not only greatly impaired the strength and drained the resources of the kingdom, and weakened its influence with the Presby- terians of the South, but it gave Cromwell a fair excuse for entering Scotland with his army of victorious Sectaries, and requiring those who now assumed the government of the kingdom to show their detestation of the proceedings of the 1 Engagers, 1 by passing the 4 Act of Classes, 1 as it was termed, which inflicted various disabilities on all who had more or less actively favoured the Engagement, and became the main source of the divisions and troubles in which 4 the Church was torn asunder by various factions till its constitution was utterly overthrown. 1 2 In conclusion, it is hardly necessary to state that the opinions expressed in this Introduction on many matters still keenly con- 1 It is to this act of the English Parliament, when under the heel of the Sec- tarian army, and not to any procedure of the much maligned Covenanters, the apologists for the Restoration Government of Scotland must turn when they plead that the cruelties it exercised were but a retaliation provoked by the excesses of Covenanters. These excesses, whatever they may have been, and however to be regretted, did not include the torture of the boot and thumbikin, nor the selling of poor misguided peasants into slavery, nor the drowning of women in the rising tide. 2 Lee's Lectures, vol. ii. p. 295. xlii INTRODUCTION troverted are simply those I have myself been led to form by a careful study of this volume, and of the histories of the period, and compromise no one but myself. I have only further to return my best thanks to my colleague, Dr. Christie, Librarian to the General Assembly, for the ungrudging assistance he has rendered in revising the proof-sheets while passing through the press, as well as to Mr. Paton for all his care in transcribing the manuscript for the press, and to Mr. Law, of the Signet Library, and his assistant, Mr. Mill, for the great trouble they have taken in preparing the elaborate Index, which adds so greatly to the value of the volume, and also to express my regret that, owing to the state of my health during last winter, the issuing of it to the members of the Society has been delayed so long. ALEX. F. MITCHELL. CORRIGENDA Page 200, margin, for letter to read letter from ,, 242, line 34, for defection, read defection, 1 ,, 247, line 27, for Kinlbethok read Kinbethok ,, 311, line 36, for Assembly, read Assembly. 1 ,, 323, line 34, for headed read heeded ,, 340, note, line i,for five read four ,, 387, note 1, for 1848 read 1648. ,, 401, note 1, for Clough outer Castle read Cloughouter Castle. [In other authorities it is called Lough Outer Castle, Cavan.] THE ACTES AND PROCEEDINGS OF THE COMMISSION OF THE GENERA LL ASSEMBLIE HOLDEN IN EDINBURGHE IN THE YEIR 1646 A THE TENOR OF THE COMMISSION OF THE GENERALL ASSEMBLIE, Edinburghe* 18 Junij 1646, ante meridiem, Sessio 15". RENOVATION OF THE COMMISSION FOR THE PUBLIK AFFAIRS OF THE KIRK. The General Assemblie, taking to ther consideratione that in respect the great work of vniformitie in religione in all his Maiesties dominiones is not yit perfected (though by the Lords blessing ther is a good progresse made in the same), ther is a necessitie of renueing the Commissiones granted for- merlie for prosecuteing that great work, doe therfor renew the power and commissione granted for the publict affaires of the Kirk by the Generall Assemblie held in St. Androes in the year 1642, and in Edinburghe in the years 1643, 1644, and 1645, wnto the persons following, viz. — Messrs. Alexander Hendersone, Robert Douglas, William Coluill, William Rennet, George Gillespie, John Oswall, John Adamsone, William Dalgleish, Dauid Calderwood, James Fleming, Robert Ker, Johne Dalzell, James Wright, John Knox, Adam Pen- man, Robert Lightoun, Alexander Dicksone, Patrick Fleming, Johne Hay, Richard Dicksone, Thomas Vassie, Dauid Drumond, Alexander Somervell, Robert Elliott, Robert Blair, James Bruce, Robert Traill, Samuell Rutherfurde, Alexander Colvill, Walter Greg, Alexander Balfour, George Thomsone, John Moncreiff, John Smyth, Patrick Gillespie, John Duncan, James Sibbald, Alexander Casse, John Hume, Alexander 4 PROCEEDINGS OF COMMISSION [i8jux. Kinneir, Walter Suintone, Robert Knox, William Penman, James Guthrie, Thomas Donaldsone, William Jameson, Thomas Wilkie, John Knox, Robert Murray, John Freebarn, Robert Wright, David Auchterlonie, William Major, Samuell Austein, John Learmont, Andro Lauder, James Irving, Alexander Turnbull, James Bonar, William Adair, John Neve, Patrik Colvill, Mathew Brisbane, Johne Hamiltoun, Allan Ferguson, Robert Ramsay, George Young, David Dickson, Robert Bailie, James Nasmith, John Lindsay, John Weir, Evan Cameron, James Affleck, John Robison, Andro Eliot, Silvester Lambie, Laurence Skinner, William Rate, Dauid Campbell, Andro Cant, William Douglas, Dauid Lindsay, Gilbert Andersone, Alexander Garrioch, William Jaffray, Thomas Law, William Campbell, Walter Stuart, ministers : and Archibald Marquise of Argyle, John Erie Crawfurd-Lindsay, William Erie Mar- shell, William Erie of Glencairne, John Erie of Casles, Charles Erie of Dumfermling, James Erie of Tullibarne, Francis Erie of Bacleugh, John Erie of Lauderdale, William Erie of Lothian, William Erie of Lanerk, Archibald Lord Angus, John Lord Halmerino, Robert Lord Burleigh, Johne Master of Yester, Sir Patrik Hepburne of Wauchtone, Sir John Hope of Craig- hall, Sir Archibald Johnstone of Waristone, Sir David Hume of Wedderburne, Sir Robert Innes of that Ilk, James M'Dougal of Garthland, Patrick Cockburn of Clerkinton, Sir Hugh Campbell of Cesnock, Sir William Cuninghame of Cuningham- head, Johne Hume of Blackader, Sir James Dundas of Arniston, Alexander Forbes tutor of Pitsligo, Mr. George Winrham of Libbertoun, Dauid Weemes of Fingask, Mr. Francis Hay of Balhousie, Alexander Brodie of that Ilk, Mr. Alexander Colvill of Blair, George Dundas of Dudiston, William Moore of Glanderstone, Sir James Nicolsone of Colbrandspaith, John Edger of Wedderlie, William Hume of Lenthill, James Roch- head, Laurence Hendersone, and James Stuart bailies of Edinburgh, George Porterfield provest of Glasgow, William Hume ther, Robert Arnot provest of Perth, John Semple provest of Dumbarton, John Kennadie provest of Air, Mr. Dauid Weemes, Georg Garden, John Johnstone, Thomas Patersone, Thomas Whyte, John Sleigh, elders : Giveing wnto them full power and commissione to doe all and eurything for 18 jun.] OF GENERAL ASSEMBLY, 1646 5 prosecuteing, advanceing, perfecting, and bringing the said w ork of vniformitie in religion in all his Majesties dominiones to a happie conclusione, conform to the former Commissione granted by preceeding Assemblies thairanent. And to that effect appoints them or any sevintein of them, quhairof thrittein shalbe ministers, to meet at Edinburghe the 19 of this moneth, and thairafter vpon the second Wedinsdays of August, November, Februar, and May nixt to cum, and vpon any other day, and in any other place they shall think meet ; and further, renues to the persones befor named the power contained in the Act of the said Assemblie 1643, intituled — A reference to the Commissione anent the persones designed to repair to the kingdom of England ; as also the power contained in the seuerall acts of the said Assemblie 1644, Sessione 6, made against secret disaft'ecters of the Covenant, and for sending ministers to the armie, with full power to them to treat and determine in the maters aforsaid, and in all other maters referred unto them by this Assemblie, as fullie and freelie as if the same were here particulate expressed, and with as ample power as any Commissione of former General Assemblies hath had or bein in use of befor : they being alwayes for ther whole proceedings comptable to and censurable by the next Generall Assemblie. 1 1 We subjoin the commission given by the same Assembly to certain members of their Commission to repair to England and prosecute the Treaty of Uniformity with the Houses of Parliament and the Assembly of Divines there : — 'The Generall Assembly, taking to their consideration that the Treatie of Uniformity in religion in all His Majesties dominions is not yet perfected, There- fore renews the power and commission granted by preceding Assemblies for prosecuting that Treatie, unto these persons afternamed, viz. M. Alexander Henderson, M. Robert Douglas, M. Samuel Rutherfurd, M. Robert Baillie, M. Geo. Gillespie, Ministers; and John, Earl of Lauderdale, John, Lord Balmerino, and Sir Archibald Johnston of Wariston, Elders: Authorizing them with full power to prosecute the said Treatie of Uniformity with the Honourable Houses of the Parliament of England, and the Reverend Assembly of Divines there, or any Committees appointed by them : And to do all and everything which may advance, perfect, and bring that Treatie to an happy conclusion, conform to the former commissions given thereanent. ' — Peterkin's Records of the Kirk, p. 450. HE ACTS AND PROCEEDINGS of the Commission of the late Generall Assem- blie holdin at Edinburgh in the month of June 1646. Edinburgh, 19 Junij 1646, ante meridiem. Sederunt: — Ministers. — Mr. Robert Blair, Moderator : Mr. Robert Douglas: Mr. John Oswald: Mr. James Fleming 1 : Mr. John Dalzell: Mr. John Knox, Selkirk: Mr. Thomas Wilkie : Mr. Adam Penman : Mr. Richard Dicksone : Mr. Dauid Drummond : Mr. Robert Eliot : Doctour Colvill : Mr. Walter Greg - : Mr. John Smyth : Mr. Alexander Casse : Mr. Alexander Kinneir: Mr. W illiam Penman: Mr. Thomas Donaldson: Mr. John Freebairn : Mr. James Bonar : Mr. John Nevay : Mr. Mathew Brisban : Mr. Robert Ramsay: Mr. Dauid Dicksone : Mr. John Lindsay : Mr. Evan Cameron : Mr. Andro Cant : Mr. Dauid Lindsay : Mr. Thomas Law : Mr. William Colvill : Mr. William Bennet : Mr. Dauid Calder- wood : Mr. Robert Ker : Mr. James Wright : Mr. William Jamesone : Mr. John Knox, Carinton : Mr. Alexander Dicksone : Mr. Thomas Vassie : Mr. Alexander Somervell : Mr. James Bruce: Mr. Robert Traill : Mr. John Moncreitfe ; Mr. Patrik Gillespy : Mr. John Hume: Mr. Walter Swinton : Mr. James Guthrie : Mr. Robert Murray : Mr. Robert AY^right : Mr. AV'illiam Adair : Mr. Patrik Colvill : Mr. John Hamilton : Mr. George Young : Mr. James Xasmith : Mr. John Weer : Mr. William Rate : Mr. William Douglas : Mr. William Jaffray : Mr. William Camp- bell : Mr. Walter Stuart. Elders. — Erie Marshall : Master of Yester : Lord Craighall : Laird limes : Laird Lammingtoun : Laird Moncreiffe : Laird Clerkington : Laird Cuninghamhead : Laird Arnistoun : Tutour of Pitsligo : Laird Libbertoun : Laird Fingask : Laird Brodie : Mr. Alex- ander Colvill of Blair : Laird Dudistoun : Laird Glanderstoun : Laird Colbrandspeth : Laird Wedderlie : William Hume of Linthill : James Stuart : George Porterfeild : William Hume : Mr. Dauid Weemes : Thomas White : Thomas Patersone : John Johnstone. Mr. Robert After incalling vpon the name of God by Mr. Robert Blair, tour.' moderatour of the late Generall Assemblie, the names of the Commissioners being called, and the commissione red, a list was made for chooseing a moderatour, viz. Mr. Robert Blair, Mr. James Bonar, and Mr. William Bennet, and the said Mr. 19JUN.] ACTS OF GENERAL ASSEMBLY, 1646 7 Robert Blair was chosen moderatour of the Commission in all the sessiones and meetings therof. The Commissione of Assemblie haveing found it very con- Ragatzie. venient that correspondence be keeped with Ragatzie, Prince of Transilvania, will therfor take to ther consideratione the best ways for doeing it. The Commission of the Generall Assemblie, haveing considered Mr. Eleazer the good testimonies produced wnto them by Mr. Eleazar Gllbett Gilbert, doe therfor recommend him to be employed in the ministrie by any regiment in the Scotts armie who shall give wnto him a calling. The Commissione of Assemblie appoints sumonds to be Mr. David direct against Mr. Dauid Leith, for giveing protectiones in Leith - name of the late Marquise of Huntlie, and for any other malignant behauiour that informatione shalbe given of. The Commission of Assemblie haveing heard Mr. Hew Mr. Hew Arch- Archbald doe, notwithstanding the reasones proponed by him R^ert Mont^ for his stay at home, ordain him to repair to Colonel Robert ^°™.^^ t Montgomries regiment with dilligence, for performing mini- steriall dueties to them, and thinks it fitting that he stay with them only tuo moneths — certifieing him that, if he do not go to the regiment without more bussines, they will proceed against him according to the Act of the Assemblie. The Commissione appoints Messrs. John Adamsone, and Lord Gray and William Bennet, and James Stuart, to represent to the Com- Colonel Hay " mittee of Estates or the President, the great offence which is taken at the Lord Gray and Colonell James Hays staying in this toun, notwithstanding the tyme is expyred of ther abod within this countrie. This day the petitione of the Erie of Dumfreis referred to Erie Dumfrek them by the Assemblie being considered and himself at length heard, the Commissione thoght fitt to receave him to the Covenant, and the said Erie did solemnlie suear and subscryve the said League and Covenant in the presence of the Com- missione. The Commissione of the Generall Assemblie entring vpon Haiiburtones the consideratione of the bussines concerning the planting of the business - kirk of Gordon referred wnto them by the late Assemblie. thinks it necessare for cleering of persones interessed to try the 8 PROCEEDINGS OF COMMISSION [19 jun. Concerning the kirk of Gordon. Commission concerning Haliburtone> bussiness. Another Com mission con- cerning Hali- burtones bussines. particulares in the paper given in by Haliburton, and to reseaue any other things he hes to give in, and therafter they will consider of the mater of transportation, and for this effect appoints Haliburtone to cite all the witnesses he mynds to vse for proveing the particulars in the paper produced to the nixt meiting of the Commissione vpon the 2d Wedinsday of August, and also that he give in any other thing he hes to say in the mater against the same day. The Commissioners of the Generall Assemblie give heirby power and commissione to Messrs. William Jamesone, John Knox, and William Penman, and the Laird of Blaikader to trv and examine vpon oath the Lady Swintone elder, and the Lady Swintone younger, Cathrin Swinton daughter to the Ladv Swintoun elder, the Lady Ednam and Margaret Uurie her servant, the Lady Haliburtoun, the Lady Plendergest and Hume her daughter, spouse to Ma jour Alexander Hume, the Lady Comlich and Jean Fleck her daughter, and siclyk to examine vpon oath Mr. Robert Hume of Carrlesyd, and Mr. Andro Kinneir, in the particulars contained in a paper given in by the Laird of Haliburton in the proces depending betuixt him and the presbitrie of Ersltoun, and for this effect that they meit at Ersltoun vpon the 13 day of Julij nixt, and therafter in any place and at any time they shall think meitest for examining the said persons : with power also to them to direct citationes for ther appearance befor them if it be necessar: and appoints the Commissioneris afornamed, to report ther dilligence herein with the depositiones of the persones examined in writt subscryved by the moderator of the meiting, and the deponers themselves, if they can write, to the first meiting of the Commissione in August. The Commissioners of the Generall Assemblie give hereby power and commission to ther reverend brethren, Messrs. Alexander Hendersone, Robert Douglas, Andro Cant, Robert Blair, and Johne Smyth, to try and examine vpon oath Mr. James Dares, minister at Erslton, Captain Robert Douglas, Mr. Patrick Home, minister at \ Livtenant Colonel Home of Plendergast, and , tuo of his servants, vpon the particulars contained in a paper given in 1 Ellem ; a small parish now united to that of Longformacus. Fasti, vol. i. p. 422. See Scott's 30JUN.] OF GENERAL ASSEMBLY, 1646 9 by the Laird of Haliburton, in the proces depending betuixt him and the presbitrie of Ersltoun, and for this effect that the bretheren meet together at such times and in such places as they shall think fitt, who shall report their dilligence herein with the depositiones of the said persones in writt, subscryved by the moderatour of ther meeting and the deponers themselves, if they can writ, against the first meiting of the Commissione of Assemblie in August. Edinburgh, ultimo Junij, 1646, ante meridiem. Sederunt: — Ministers. — Mr. William Bennet : Mr. William Colvill : Mr. John Adamsone : Mr. John Knox, Carinton : Mr. Alexander Dick- sone : Mr. Dauid Drumond : Mr. William Campbell : Mr. Robert Ker : Mr. Adam Penman : Mr. Robert Fleeming : Mr. Evan Cameron : Doctour Colvill. Elders. — Mr. Alexander Colvill : Thomas Paterson. The Commissioners of the Generall Assemblie considering Commission to that the Lord Balmerino, who is appointed by the late Argy£ rqU1S ° f Assemblie to be on of the Commissioners for this Kirk, for endeavouring the intendit uniformitie in religion and Kirk Government betuixt the kingdomes, is not now to repair to London, and haveing certain knowledge of the faithfullnes and abilities of the Right Honourable Archbald Lord Marquise of Argyll, who is now ther, doe therfor, according to the power granted to them, nominat his Lordship in the place of the said Lord Balmerino, giveing hereby to him full power to joyne with the remanent Commissioneris in prosecuting the treatie for vniformitie with the Honourable Houses of the Parliament of England and the reverend Assembly of Divynes ther, or with Committees from them, and to doe all things necessar with the said Commissioners for promoveing the work aforsaid alse freely and fully as any other of the Commissioners, or as if his Lordship had bein particulate nominat to that effect by the Generall Assembly. The Commissione referrs the other particulars in the letters Reference, from the Commissioners at London to a more frequent LetTe n rs. SS1 ° nerS mei tins-. Edinburgh, 14 July 1646, ante meridiem. Ministers. — Mr. William Bennet, Moderator : Mr. William Dalgleish : Mr. John Knox : Mr. Robert Lightoun : Mr. Dauid Drumond : Mr. Robert Wright : Mr. Patrick Fleeming : Mr. Richard Dickson: Mr. Rohert Ker : Mr. Adam Penman : Mr. Thomas Vassie : Mr. James 10 PROCEEDINGS OF COMMISSION [14 JUL. Guthrie : Mr. Alexander Dickson : Mr. William Campbell : Mr. William Colvill. Elders. — Tutour of Pitsligo : Laird of Brodie : Sir James Nicolsone : Mr. Alexander Colvill : Johne Sempill. Mr. William After incalling on the name of God by Mr. William Bennet, Moderator. the Commissione put in list for chooseing a moderator, Messrs. William Bennet, Richard Dicksone, and James Guthrie, and the said Mr. William Bennet was chosen moderator for this meeting of the Commissione allanerlie. This day were produced and read letters from the Commis- sioners at London of the 16 th and 23 of Junii, and 7 th of this instant, with a printed paper concerning the considerationes and cautiones of the ministers of London touching the putting of Presbiteriall Government in executione : with the letters from Mr. Andro Leirmonth and Mr. Andro Collace, mentioned in the letters from the Commissioners — tenor of all which letters followes : — Letter concern- ' RlGHT HoNOURABILL, RIGHT REVEREND AND LOVING BRETHREN, Learmonth — Wee are waiting for your answer to our former letters, wnto which wee can adde no new thing but that this day the House of Comons hath agreed to the substance of the new expedient concerning the propositione of the militia intendit to be sent to the King. This propositione, as now altered, many look vpon as a considerable step towards a peace, and a ground of hope that it is not in vaine to indeavour a healing of the present differences. The new expedient concerning Church Govern- ment, and the late ordinance concerning it, we sent yow by our last, which ordinance hath so farr (thogh not fullie) satisfied the ministrie in and about London, that this day, in a meeting of thers at Zion Colledge, they haue resolued to act and put in executione the Presbiteriall Government without further delay, but have referred to ther nixt meeting to con- sider of such a maner of proceeding as may best salve ther consciences in those things wherin the ordinance doth not satisfie them. Yow will receave heerwith a letter from Mr. Andro Learmonth, who hath taken the Covenant heer, with a professione of repentance for the offence which he gave to the Church of Scotland. Wee desire to know whether vpon this his takeing of the Covenant, and his letter to yourselues, yow will give ws warrand to certifie that he hath satisfied the 14 JUL.] OF GENERAL ASSEMBLY, 1646 11 Church of Scotland, in which particular wee desire your answer with the first occasione, and so remaine, Your Loving Brethren, Worcester House, Lauderdaill. SaMUELL Rutherfurde. the l&h of June 1646. A. Jhonstone. Geo. Gillespie. Robert Baillie.' Direct : For the Right Reverend the Generall Assemblie of the Kirk of Scotland. 'Right Reverexd, — Being all this time in the countrie of m. Andro England, remot from the citie by reason of our manie troubles Letter 0111115 and distractiones, could not intertaine the least correspondence with your Commissioneris here, which I most earnestlie desired, till of late it hath pleased God to open a way, which no sooner proferr'd but I embraced, and, coming to London, I heard that which I thoght never to have heard, that a sentence of depri- vatione is passed against me in the Church of Scotland, for the which I am verie sorie. Sorie I am not onlie for the sentence itselfe, but most sorie that I should have done anything or left anything undone which should have deserved that sentence, for the which I humblie begg pardon and submitts myselfe in all humilitie and submissione wnto your good pleasour and to your government, which now I am suorne wnto and promises by Gods assistance earnestlie to prosecute and follow the same. Therfor I humblie begg of yow that yow will be pleased to show your will concerning me to vour Commissioners. I know your correctiones ar not for destructione but amendment, which by God's grace I promise and really intends. Your answer he expects who sail euer remaine your most humble servant and oratour, and for the present your humble petitioner, Sic sub r ., Axmio Learmonth. 1 London, 16 of June 1646. Direct : To the Right Reverend the Commissioners of the Geiwrall Assembly of Scotland at Edinburgh. i Right Reverend, — Wee haue receaued in answer to ours the Letter from the letter of the Generall Assemblie of the 15th of this instant, at°Lond?n° nerS which came verie seasonably in regard of the propositiones of peace which are now agreed vpon by the Houses of Parliament, and our consent presentlie expected for sending them to the King. Wee shall with Gods assistance walk according to the directiones which are sent ws. That which wee gave yow notice of by our last of the 16th wee shall now give yow a 12 PROCEEDINGS OF COMMISSION [14 JUL. more particulare accompt of by this inclosed paper 1 agreed vpon vnanimouslie by the ministers of London and since published. According to these principles and rules they intend without anie further delay to put in executione the Presbiteriall Government. God give a blessing to it. Wpon occasione of the Marques of Argyle his being here (which is verie seasonable, and we trust sail serve for good ends), wee desire that yow will joyne his Lordshipe in commissione with ws, that he may go to the Assemblie and assist ws ther as ther shalbe occasione, and that your commission and warrand to this effect may be sent with the first occasione after the reseat hereof. So, commending your counsells and endeavours con- cerning the difficulties at home to Gods gratious directione and blessing, wee rest, Your Loving Brethren, sic subcr., Worcester House, A. Jhoxstox. Samuell RuTHERFURD. the 23 of June, 1646. Geo. Gillespie. Robert Baillie/ Direct : For the Right Reverend the Commissioners of the Generall Assemblie of the Kirk of Scotland. Letter from the 8 Right Reverend, — We haue receaued by this last post the atTo^don 0neriS letters of t he Generall Assemblie to the Parliament, Assembly, and citie of London, which ar to be delyuered tomorrow. Wee wrote to you before concerning Mr. Andro Learmonth, bnt haue receaued no answer. Wee haue now such another case to communicate wnto yow concerning Mr. Andro Colesse. He hath taken the Covenant and hath written a penitentiall letter, which wee send herein inclosed, whervpon we desire to know whither ye will allowe ws to say to the Assemblie here that you are satisfied concerning them, that ther names may be taken out of the List which yow sent to ws to be given in to the Assemblie. Haveing no further bussines at this time to write of, wee recommend your meitings and endeavours to the blessing of God, and rest, Your loving brethren, A. M. Argyll. Robert Baillie. Lauderdaill. Geo. Gillespie/ A. Jhoxstoxe. Direct : For the Right Reverend the Commissioners of the Generall Assemblie of the Kirk of Scotland. 1 Considerations and Cautions from Sion College, 19 June 1646, in which the London ministers, while agreeing to organise for Church Government under the Ordinances of Parliament, intimate their resolution to practise according to the Ordinances, so far as they conceive them to correspond to the rule of the Word. concerning Mr. P. [sic] Collasse. 14 JUL.] OF GENERAL ASSEMBLY, 1646 IS 4 Right Reverend, — I haveing (to my great greife) foolishlie Mr. Patrik[«V] and ignorantlie protested against the lawfullnes of that vener- Letter, able Assemblie h olden be the Church of Scotland, wherof at that time I was an wnworthie member, at Glasgow, and being scrupolous also then to joyne with yow in the Nationall League and Covenant, and some other delinquincies alledgit against me, was be a committee holden at Dundie, wher I for the time was minister, deposed from my ministrie, the equitie of which sentence I doe heartilie acknouledge as lawfullie pro- ceedit against me, and what miserie or distress I haue suffered abroad since that time as a just and most deserved punishment inflicted be God vpon me, for contemning and not hearkening to the voice of that Church, my mother, quhairin I was educat and had served (thoghe in weaknes) for the space of 24 years as a minister. And now, being come to a serious consideratione of my former errours, doe humblie begg at your hands whom the Assemblie lies entrusted to be Commissioners for the Church at Edinburgh, that yow wold be pleased to open the bowells of mercie towards me, to pardone my former escapes, and to receaue me againe into your former grace and fauour; and, seing now I haue taken the Covenant, which your reverend brethren here will testifie, yow will not obstruct that fauour from me yow are pleased to communicate to others vpon ther submissione ; promising, by the assistance of Gods Spirit, to amend by a double dilligence my slownes in not joyning with yow befor now. I am glad I haue to doe with graue religious divynes, not Nouationes, 1 ministers of the gospell of peace, not given to revenge, my owne countriemen, not strangers, who seeks the conversione not the confusione of anie, which makes me confident of your gratious ansuer by the first returne direct to your brethren here, with whom I will comply in evrything. So, praying for the peace of Jerusalem, and a particular bless- ing vpon you, commends you heartilie to Gods grace, and shall continue, Yours in the Lord Jesus, Westminster, 2 Julij 1646. Mr. A. Collace."' Direct : To the Wight Reverend the Commissioners of the Generall Assemblie of the Church of Scotland. 1 i.e. Novatians. 14 PROCEEDINGS OF COMMISSION [14 JUL. Ratification of The Commissione of Assemblie ratifies and approves the Maquis 5 ' 0 " t0 t'omniissione granted to my Lord Marquesse of Argyll vpon Argyie. the last of June in the haill tenor therof, lykas be the tenor heirof they give and committ to the said Lord Marquisse the whole power particulate or generallie expressed in the said commissione, as fullie and amplie as if the same were here expressed, renued, and repeated. The Commissione referrs the consideration of the particulars Mess" Andro concerning Mess™ Andro Learmonth and Andro Collace, men- Learmonth and tioned in the letters from the Commissioners at London, unto Collace. . . ... the quarterhe melting or the Commission in August. Tracquer. This day the petitione of John, Erie Tracquer, referred to them be the Assemblie, admitting of him to the Covenant, continued \\ hill afternoone. Eodem die, post meridiem. Ministers. — Mr. William Bennet, Moderator : Mr. W illiam Colvill : Mr. Richard Dieksone : Mr. Johne Knox : Mr. Robert Li^hton : Mr. .Fames Guthrie : Mr. Alexander Dicksone : Mr. William Campbell : Mr. John Smyth : Mr. Robert Ker : Mr. Adam Penman : Mr. Dauid Drumond : Mr. Robert Wright : Mr. Patrick Fleeming- : Mr. Patrick Gillespie : Mr. William Dalg-leish. Elders. — Erie Crawfurde : Erie Marshall : Erie of Cassles : Laird Wauchtone : Lord Craighall : Tutour of Pitsligo : Laird Brodie : Sir James Nicolsone : Laird of Libbertoun. ErieofTrac- This dav, the Erie Tracquers petitione being again con- sidered, and the said Erie himselfe at length heard, the Com- missione thochtfitt, that, according to his earnest and frequent desires, he sould tak the Covenant, and accordinglie the said Erie instantlie suore and subscryued the League and Covenant of the 3 kingdoms in presence of the Commissione. Concerning the The Commissione appoints ther nixt meeting the morne at rebeiis! 0 the 9 hours, and in the meane time desirs the Moderator and Maisters William Colvill, Johne Smyth, James Guthrie. Patrik Gillespie, and Robert Lightone, with the Erie of Cassles, Libberton, and Brodie, to consider of the interest of the Kirk in the articles given by the Committee of Estates for bringing of rebells, and to report ther opinione to the Commis- sion, and to this effect, that they meet the morne at 7 hours in the morneing. Edinburgh 15 Julij 1646. Ministers. — Mr. William Bennet, Moderator : Mr. John Oswald : 22 JUL.] OF GENERAL ASSEMBLY, 1646 15 Mr. Robert Lightone : Mr. Alexander Dicksone : Mr. James Guthrie : Mr. Robert Wright : Mr. William Colvill : Mr. Johne Smyth : Mr. Patrik Gillespie : Mr. Patrik Fleeming : Mr. William Dalgleish : Mr. Dauid Drumond. Elders. - Erie of Crawfurde : Erie Marshell : Erie of Cassles : Laird Brodie : Laird Libbertone : Mr. Alexander Colvill of Blair : Tutour of Pitsligo : John Semple. The brethren present, becaus they are not now frequent, Concerning the think fitt that ther be advertisment for conveening the Com- Retells 0 anew missione this day 8 dayes frequentlie that the bussines con- meeting ap- f* 1 1 i li ii ~r~r~ ' i , . pointed, and cernmg the bringing or the rebells and the Kirks interest therm Recommenda- may be than considered, and desirs Mr. William Bennet, Mr. committee of John Smyth and Libbertoun to represent to the Committee of Estates « Estates ther consideratione, that, seing ther is to be heir a frequent meiting the said day, whither it may please ther Lordships to continue any further proceiding in the mater con- cerning the articles of peace offered to the rebells, wntill the said meeting in respect of the correspondence ther Lordships use to keep in lyk cases. The brethren also desirs that the Committee of Estates Magistrats of may be remembered to take to ther consideratione the mater Aberdein - concerning the election e of the magistrats of Aberdein recom- mendit to ther lordships by the late Assemblie. Edinburgh 22 Julii 1646, post meridiem. Ministers. — Mr. William Bennet, Moderator : Mr. John f^damsone : Mr. John Dalzell : Mr. James Fleemin : Mr. Johne Knox: Mr. William Dalgleish : Mr. Patrik Fleming : Mr. Adam Penman : Mr. John Nave : Mr. John Hamilton : Mr. Robert Ramsay : Mr. John Weer : Mr. William Campbell : Mr. William Colvill : Mr. John Oswald : Mr. James Guthrie : Mr. Dauid Calderwood : Mr. Robert Ker : Mr. Robert Lighton : Mr. Alexander Dicksone : Mr. Alexander Kinneir : Mr. Robert Murray : Mr. Patrik Colvill : Mr. Allan Ferguson , Mr. James Nasmyth : Mr. Robert Traill : Mr. Dauid Dicksone : Doctour Colvill. Elders. — Laird of Libbertoun : Laird of Arnistoun : Laird of Balhousie : Laird of Dudistone : Mr. Alexander Coluill : Thomas Paterson. A list being this day made for chooseing a Moderatour for Mr. William this meeting in respect of the absence of Mr. Robert Blair the Moderator. Moderator viz. Mr. William Bennet, James Fleeming, John Oswald and James Guthrie, the said Mr. William Bennet was chosen Moderator of this meeting. The Commissione, considering that the meeting was appointed Committee, for a serious consideratione of the offers sent to the rebells and the rebells. of the Kirks interest therin, and of what is incumbent to them to 16 PROCEEDINGS OF COMMISSION [23 jul. doe in the mater, Therfor, for prepairing the bussines, appoints Messrs. Dauid Calderwood, Dauid Dicksone, William ColviU, Doctor Colvill, John Adamsone, James Guthrie, John Nevy, Robert Ramsay, Alexander Kinneir, Robert Lichtoun, Arnis- toun, Libbertoun, Balhousie to conferr vpon it, and to report ther oppiniones of the mater itselfe and some overture con- cemeing the Kirks dutie in relation thereto. Erie Abercom. The Commission recommends to the presbitries of Edinburgh and Pasley to take notice of the Erie of Abercom, when he comes within ther bounds, and, if they receave not sattisfactione from him concerning his religion, that they proceed against him without delay. The Commissione appoints Mr. Robert Ker and Mr. Robert Trail to conferr with Mr. Patrik Dumbar vpon the particulares in the letters from Innerness and which he himselfe hes men- tioned, and to propose sum overtures to the Commissione' theranent. The nixt meeting the morne at nyne houres. Innerness. Haliburton. Meeting of a Commission in Aberdein. Edinburgh L 2 l o Jidii 164-6, ante meridiem. Ministers. — Mr. William Bennet, Moderator : Mr. James Guthrie : Mr. James Dalzell : Mr. James Fleming : Mr. Robert Lightoun : Mr. Patrik Fleming : Mr. Adam Penman : Mr. John Neave : Mr. John Hamilton : Mr. Dauid Dicksone : Mr. James Nasmith : Mr. Robert Traill : Mr. Patrik Gillespie : Mr. William Campbell : Mr. Mathew Brisban : Mr. William Colvill : Mr. John Adamsone , Mr. Dauid Calder- wood : Mr. John Knox : Mr. Alexander Dickson : Mr. Alexander Kin- neir : Mr. Robert Murray : Mr. Patrik Colvill , Mr. Allan Ferguson : Mr. Robert Ramsay : Mr. John W eer : Mr. John Moncreiffe : Doctour Colvill : Mr. Thomas Donaldson : Mr. John Knox., at Selkirk. Elders. — Laird of Libbertoun : Laird of Dudingstoun : William Hume of Lint- hill : Thomas Patersone : Mr. Alexander Colvill. This day, Mr. James Guthries petitione being considered, the Commissione appoints Halyburtoun personallie present to cite all the witnesses he mynds to vse for proveing the par- ticulars in his paper, produced to the Assemblie, against the 2d Wednisday of August nixt, and also to give in anything he intends to add to that paper at the same day, declaring that they will receaue no new exceptiones but such as sail be given in at that meeting. The Commissione thinks that it were verie necessar that they satt in Aberdein, to tak order ther, vpon the place, with 23 JUL.] OF GENERAL ASSEMBLY, 1646 17 the malignants in these parts, but continues the determinatione of the dyet untill the nixt meeting in August, and that the conditione of the countrie be learned from the Generall Major and Mr. Andro Cant. The Commissione appoints the agent of the Kirk to get the Rebeiis. rolls of the pryme actours in the rebellion from the Clerks of Parliament and Committees therof. The nixt meeting afternoon. Eodem die, post meridiem. Minsters. — Omnes in sessione proanma cunt Mr. John Oswald : Mr. William Jamesone : Mr. William Dalgleish : excepting Mr. Alexander Kinneir, absent this sessione. Elders. — Omncs qui sessione preccdenti cum Lord Burleigh : Laird of Innes : Laird of Brodie : Laird Balhousie : John Sempill. The Commissione appoints the Clerk to give out sumonds Magistrats in against the magistrats and others in Aberdein vpon the par- Aberdein - ticulars informed against them. The result of the conferrence of the Committee for the offers with the rebells being heard and considered, after much debate the form of a petitione to the Committee of Estates drawne vp by them was agreed vpon, and the Commissione appoints the same to be presented to the Committee the first occasione that can be had. Tenor of which petitione followes : — 6 The searcher of hearts knowes that as we are the messingers Petition to the e n /~\ i i . , , i Committee of oi peace irom (jrod soe we doe earnestlie wish to procure and Estates preserve peace amongst men : Wee wer worse then brutishe if off"^" 1 "! e the after so much wasting of a destroying suord we did not desire Rebells. a breathing time wnto this afflicted land. Wee know it to be our dutie to pray for it, and to endeavour it, and it sould be our hearts exceeding joy to hear the Lord speak peace wnto his people. Yit the deep sense of the great trust committed wnto ws leads ws seriouslie to think vpon a mater of such consequence, wherein Religion and the Church ar so much interessed, and h umblie to offer wnto your honours our desirs thereanent. Your Lordships doe well know with whom we have to doe, ane hand- full of base, cruell, treacherous men, who have eaten the flesh and drank the blood of ther countrie, blasphemed the name of our God, troden vpon his cause, and studied by all means to cause the whole land to blaspheme by denying and forsaking of B 18 PROCEEDINGS OF COMMISSION [23 JUL. the Covenant, manie of which are cut of from the Church, and declared to be of these whom Christ commandeth to be holden by all and evrie on of the faithfull as ^Ethnicks and pub- licanes that they might learn to blaspheme no more. And yit to this day they have not seen ther iniquitie nor acknowledged ther sinne but continue with instruments of crueltie in their hands, rather prescryveing conditiones than receaveing com- mandments, and submitting themselves wnto lawes. Wee need not put your Lordships in mynd of the resolutiones of his Majesties third Parliament, Sess. 2, Act ii, of prosecuteing the warr against these men in ane hostill maner to their wtter ouer- throw and destructione ; Nor of the obligatione that the same Parliament, Sess. 2, Act 14, found themselves and all good patriots and true Christianes wnder in pursuance of ther Cove- nant, to which they ar so straitlie tyed befor God and man, against these enemies, who are going on with full resolutione to wndoe the whole natione and ouerthrow the liberties of the Kirk and kingdome so happilie established by Gods mercifull prouidence ; Nor of the purpose of the Parliament at St. And- roes, Sess. 5, Act 9, of the prosecutione of the warr against those horrid rebells wntill the same by the blessing of the God of hostes be brought to ane happie end ; Nether need wee lay befor yow what we owe wnto the memorie of our dear brethren who dyed in our defence, nor what we owe wnto the honour of our natione, wnto the cryes of manie widowes and fatherles, wnto the desirs and expectationes of the godlie throughout the land, nor what we may fear heirafter in regard of the insolencie and treacherie of these men who ar now puft up and confirmed in a conceat of ther owne wickednes and strength ; Nor what inconveniencies may arise vpon the on hand from those who seing themselves disappointed of the publick justice of the kingdome will thirst after revenge in a private way ; and vpon the other hand from discontented mynds who have bein censured happilie for delin- quencie in degrees inferiour wnto the guiltines of these men. Nor shall wee insist in remembering your Lordships how prejudiciall this course may prove wnto Acts of Parliament against excom- municat persones. The great mater of our fear is that the course which your Lordships have fallen vpon being well examined shall not answer that measure of endeavours which the word of 24 JUL.] OF GENERAL ASSEMBLY, 1646 19 God and our Covenant oblishes ws wnto for punishing sucli cruell murtherers, and soe expose ws wnto the wrath of God. Therfor, as the servants of Jesus Christ and your servants for his sake, wee doe in all humilitie from no other respect then the tender conscience of our duty earnestlie beseech your Lordships againe to weigh what yow have done in relatione to pardon and peace with these rebells, as that which much concernes the glorie of God, the honour of the natione, the blood of our brethren, the preserveing of truth, and the preventing of manie inconveniencies amongst ourselves and indignatione from the Most High ; and in your wisdome and pietie to think how the same may be tymouslie helped." This day a letter from the Presbiterie of Sutherland concern- Letter ing the Lord Raes read, and referred to the consideratione of Lor?Raef the meeting of this Commission at Aberdein. The Commissione doe earnestlie recommend the desire of the Recommenda- town of Cullen for charitable supplie to the presbitries within cullen^^^ the bounds mentioned in the recommendatione of Parliament. The nixt meeting the morne afternoone. Edinburgh 24 Juln 1646. Ministers. — Mr. William Bennet : Mr. William Colvill : Mr. William Jamesone : Mr. Robert Murray : Mr. Dauid Dicksone : Mr. Mathew Brisban : Mr. Dauid Calderwood : Mr. John Dalyell : Mr. Johne Knox : Mr. James Nasmyth : Mr. Patrik Fleeming : Mr. John Moncreiff : Mr. James Hamilton : Mr. Patrick Colvill : Mr. John Knox at Selkirk : Mr. John Adamsone : Mr. Alexander Dicksone : Mr. Patrick Gillespie : Mr. Thomas Donaldson: Mr. John Oswald: Mr. John Weer : Mr. John Neave : Mr. James Fleeming : Mr. Allan Fergusone : Mr. Robert Traill : Mr. James Guthrie : Mr. Robert Ramsay : Doctur Colvill : Elders. — Laird of Bousie : Laird of Libbertoun : Laird of Brodie : Mr. Alexander Colvill : Thomas Paterson : John Sempill. This day the clerk produced a register of Parliament bearing Ordinance for the sentences of forfaulter against the rebells with ane extract J^aS^ 0 * 4 " he had made of ther names and crymes, which was compared M ' Donald, the ... J 1 sometvme Erie With the Register. of Airlie, Laird The Commissioners of the Generall Assembly, taking to ther yo^g inch- sadd and serious consideratione the horrid and bloodv rebellion brakie, Tutor f. nil . .... ofStrovvan, ot sum wnaturall and treacherous countne men, joyning with Sheirgiasse, a bloody crew of Irrishes, who these years bygone haue cruellie wuiiam murthered manie thousands of our dear brethren, and by Stewart, robbing, spoyling, burning of houses, cornes, and other goods, 20 PROCEEDINGS OF COMMISSION [24 JUL. and other acts of barbaritie and horrid insolencie, have wasted and destroyed this kingdome, and eaten the flesh and drunk the blood of many harmles and innocent people for the cause of God and our Covenant : As also considering the obstinat continuance of these bloodie rebells all this time in that wicked- ness, retaining still the wasting and destroying suord in ther hands ; and finding by sufficient evidences produced, as it is also notorlie knowne and sensiblie felt by this whole Kirk and kingdome, That Allaster M* Donald, a principall actour in the whole course of this rebellion, hes exerced the place of General- Majour over these rebells, was the leader of the bloodie Irrishes, and others wnder his command in dyverse fields and places wher they cutt doun and destroyed many faithfull subjects, spilling much Christian blood on the ground lyk water, and commiting manie other horrid insolencies : as also haueino- found that James Ogiluie, sometime Erie of Airly, Dauid Grahme, sometime of Gorthie, Patrick Grahme, sone to the Laird of Inchbraikie, Donald Iiobertsone, sometyme called Tutour of Strowan, John Steuart sometime of Scheirglasse, and Colonel! A Yilliam Stewart did joyne themselves wnto these bloodie rebells, hes had charge and command in ther rebellious armie, and being vpon the fields and in the places quhair the insolencies befor mentioned were committed, haue bein themselves exceedinglie and notor- iouslie active in' these wicked courses: And the Commissioners of Assemblie being verie sensible of the highe provocatione of God for such haynous offences against him, and of so great contempt of all ecclesiasticall and civile authoritie ; Therfor being moved with the zeale of God, Do decerne and ordaine the persones befor designed, all and eurie on of them, to be sum- marlie excommunicat and declared to be those whom Christ commandeth to be holden by all and eurie on of the faithfull as Ethnicks and publicanes ; and appoints the said sentence of excommunicatione to be pronunced by there brother, Mr. John Adamsone, in the east kirk of this citie upon the nixt Lords day, the 26th of this moneth, and that therafter publict in- timatione be made of the same through all the kirks of this kingdome so soone as advertisment shall come unto them. The Commissione appoints the agent to get ane extract of the rebells processed befor the Committee and of ther parti- 24 JUL.] OF GENERAL ASSEMBLY, 1646 21 cular offences, and ther probatione therof, and to give it to the Act fur an clerk, that he may give therby informatione to the Commission rebeils ° f of the principall actonrs in the rebellion not yit processed or p™ commktee" censured ecclesiasticallie. The Commission appoints Messers Dauid Calderwood, Robert Ministers Murray, John Moncreiffe, John Oswald, John Adamsone, appofmedfor William Colvill, James Fleeming, John Hamiltone, John presenting the . & . Petition to Daljell, Bousie, Brodie, Libbertoun, Mr. Alexander Colvill, John the Committee Sempill, to present the petitione to the Committee of Estates concerning concerning the offers of conditiones to the rebeils, and for that rebells - effect that they come to this toun the nixt week against Tuysday to attend the first dyet of the meeting of the Committee. The Commissione of the Generall Assemblie appoints the Particular moderatour and clerk to prepare all the particular referrences t he f iate C6S ° f made by the late General Assemblie wnto them against the Assemblie to be J °. prepard for the 2nd. Wedmsday oi August, and to cause cite all parties inter- Commission, essed and wittnesses against that day, and for the referrence ^sir^n^n*' 01 " 1 concerning Sir John Smyth that intimatione be given wnto Smith, him for his appearing that day in respect of his residence heir in Edinburgh. The Commissione, considering the reference of the Assemblie Dr. Baican- concerning Dr. Balcanqualls letters, doe therfor for tryell qualIs Letters therof appoint the Moderator to wryt to the Commissioners at London, to send doun any of Dr. Strang or Mr. William Wilkies letters to Dr. Balcanquall they haue found ther, that they may take the same to ther consideratione. The Commissione haveing receaued a letter from Lievtenant Lieutenant Generall Dauid Leslie, bearing a list for ministers to his Lesiiesiettei U foi regiment, viz. Mr. John Duncan in Dumfermling, Mr. Alexander a Minister. Moncreiffe in \ and Mr. Patrick Scougall in St. Androes presbitrie, doe appoint the said Mr. Alexander Moncreiffe to repair to the said regiment, and that letters be written for that effect to him and to his presbitrie, and for supplieing his place dureing his absence. The Commissione, finding that they cannot choose any of the A new List for i, ,/> tapt e • ■ i i u • . ' Ministers to the last sent irom Dumrermling tor a minister to his regiment, Armie for Dum- because of thee inabilitie of Mr. James Sibbald and Mr. Thomas fermhnes Melvill, and in respect ther are so manie alreadie out of the 1 Kirkcaldy ; see Scott's Fasti, vol. ii. p. 558. regiment. 22 PROCEEDINGS OF COMMISSION [12 AUG. presbitrie quhair Mr. Johne Meldrum is, therefor appoints aduertisment to be sent for a new list. Overturs con- The Commission approues the ouerturs presented by Messrs. naTtTapprouln Robert Ker and Robert Traill concerning malignants in the to be used in north, and appoints them to be made vse of by the Commission the meeting at . . ... Aberdeen. when they meet in Aberdein, and that the ministers in the list and the Lord Rae be ther processed. Quarterly meet- The Commissione desirs the quarterlie meeting in August to mg m August. ^ k ee p e( j f re q Uen tlie, and that the brethren giue advertisment to these that are absent in ther presbitries adjacent nixt wnto them. Edinburgh, 12 August 164-6, post meridiem. Ministers. — Mr. Robert Douglas : Mr. John Oswald : Mr. John Adamsone : Mr. Dauid Calderwood : Mr. Robert Ker : Mr. James Wright : Mr. Alexander Casse : Mr. Alexander Kinneir : Mr. William Penman : Mr. \Y illiam Jameson : Mr. Alexander Dickson : Mr. Dauid Drumond : Mr. Robert Ellott : Mr. John Freebarne : Mr. Alexander Tumble : Mr. William Adair : Mr. Patrik Colvill : Mr. Allan Ferguson : Mr. George Young : Mr. James Nasmyth : Mr. Walter Greg : Mr. John Moncreifte : Mr. John Duncan : Mr. Andro Cant : Mr, William Colvill : Mr. William Bennet : Mr. William Dalgleish : Mr. James Fleeming : Mr. John Daljell : Mr. John Knox: Mr. John Hume: Mr. Walter Suinton : Mr. James Guthrie : Mr. Thomas Wilkie: Mr. Thomas Vassie: Mr. Alexander Somervell : Mr. Robert Murray : Mr. Robert Wright : Mr. James Bonar : Mr. John Nave: Mr. John Hamilton: Mr. Robert Ramsay : Mr. Dauid Dickson : Mr. Robert Traill : Mr. George Tomson : Mr. Patrik Gillespy : Mr. John Robesone : Doctour Colvill. Elders. — Erie Craufurde Lindsay : Erie Marshall : Lord Balmerino : Lord Craig- hall : Laird Clerkintoun : Laird Lamintoun : Laird Garthland : Laird Libbertoun : Laird Dudistoun : Laird Glanderstoun : Laird Linthill : James Rochhead : Laurence Henderson : George Porterfeild : George Gardne : Thomas Patersone. This day Messrs. Robert Douglas, William Bennet, Andro Cant, Dauid Dicksone, being put in list, the said Mr. Robert Douglas was chosen Moderatour for this meeting of the Commissione in absence of Mr. Robert Blair, Moderator of the Commission. The Commission continues the sumonds of the paroshiners of Leith against Mr. John Smyth wntill ther first meeting in M7john"smyth November, in respect of the said Mr. John his absence in publick employments, declareing that the interest of all parties is reserved wntill that day, and that the Lord Balmerinochs dilligence shall be then considered. Mr. Robert Douglas, Moderator. Sumonds paroshiners Leith against 13 AUG.] OF GENERAL ASSEMBLY, 1646 23 This day the Lord Duke of Hamiltoun appeared befor the Lord Duke Commissione desireing to represent wnto them that, as he had ^p™ring befor signed the Covenant in England, and now befor the Committee the Commis- . sion. in this kingdome, so he come befor them to expresse wnto them the reasones why he had soe long been in taking the Covenant, that the scandale thereof might be removed. The Commission having at length heard the Lord Duke verballie desired his Lordship to put his declaration in write wnder his hand against to-morrow. This day the Laird of Halliburtoun and others, compearing Haiiburton and in name of the paroshiners of Gordoun against Mr. James M^anSs" 5 ' Sympsone transportatioun to Gordoun, produced ther dilligence Simpsons trans n n i-i • portation to for sumondmg or witnesses, together with a 2d. paper contain- Gordon and ing exceptiones against the said Mr. James transportatioun, and others for lU Messrs. James Guthrie, Thomas Donaldsone, the Lairds of Stitchell and Wedderlie, compeering for the said Mr. James his transportatioun, and presenting a petitione to the Com- missione, and the said Mr. James Sympsone compeering personallie, the Commission, after reading the papers produced, ordaines the said parties each of them to answer others papers produced against the morn befor noon, and continues the receaveing of the witnesses. The nixt meeting the morne afternoone. Edinburgh, 13 August 1646, ante meridiem. Ministers. — Mr. Robert Douglas : Mr. John Adamsone : Mr. James Fleeming: Mr. John Knox: Mr. John Daljel : Mr. Thomas Vassie : Mr. Robert Ellott : Mr. John Hume : Mr. Walter Suinton : Mr. James Guthrie : Mr. William Jameson : Mr. John Knox : Mr. Alexander Tumble : Mr. John Nave : Mr. Mathew Brisbane : Mr. William Colvill : Mr. Dauid Calderwood : Mr. Robert Ker : Mr. Adam Penman : Mr. James Wright : Mr. Alexander Somervell : Mr. Alexander Casse : Mr. Alexander Kinneir : Mr. William Penman : Mr. Thomas Donaldsone : Mr. Thomas Wilkie : Mr. Robert Wright : Mr. James Bonar : Mr. Patrik Colvill : Mr. John Hamilton : Mr. Allan Fergusone : Mr. George Young : Mr. James Nasmith : Mr. John Weer : Mr. Robert Traill : Mr. Walter Greg : Mr. John Duncan : Mr. Andro Cant : Mr. Robert Lightoun : Mr. John Oswald : Mr. Richard Dickson : Mr. John Weer : Mr. Patrick Fleeming : Mr. Robert Ramsay : Mr. David Dicksone : Mr. John Lindsay: Mr. James Bruce : Doctour Colvill: Mr. Patrik Gillespie: Mr. John Robsone : Mr. William Bennet : Mr. Robert Murray: Mr. William Dalgleish : Mr. William Acldair : Mr. Alexander Dicksone : Mr. Dauid Drumond. Elders. — Erie Craufurd : Lord Craighall : Laird Lamington : Laird Garthland : Laird Clarkingtoun : Laird 24 PROCEEDINGS OF COMMISSION [13 AUG. Petition — Robert Max- well to be receaved to the Covenant. Declinatours in the mater of Gordon Kirk. Arnistoun : Laird Dudistoun : Laird Linthill : Laird Wedderlie : Laird Glanderstoun : Laurence Hendersone : George Porterfeild : William Home : Thomas Patersone : Sir James Morisone : James Rochhead. This day the Commissione, haveing receaved a petitione from Robert Maxuell, sone to the late Erie of Nithisdale, earnestlie desiring that he might be receaved to the Covenant, doe therfor desir Messrs. Dauid Dicksone, Robert Ramsay, George Young, Mathew Brisbane, and Jhone Hamiltone, with Georg Porterfeild, to conferr with the gentleman, and to report ther judgment of him concerning his education and religion. The Commission repells the declinatour against the Com- missioners in the presbitries of Dunce and Chirnside expressed in the supplicatione given in by the paroshiners for Mr. James Sympsones transportation in so far as concernes Messrs. Alexander Kinneir, Alexander Casse, and Walter Suintoun, in respect of ther purging themselves of partial counsell ; but admitts the same in so farr as concerns Mr. John Hume and Linthill, and therfor declyns them in this mater of Gordone and Mr. James Sympsone. The nixt meeting afternoon e. Toun of Edin- burgh and Mr. Robert Ker, Duke Hamiltoun. Duke Hamiltons Declaratione. Eodcm die, post meridian. Sederunt ut supra in sessione precedent}. The Commission continues the sumonds of transportatione at the instance of the toun of Edinburgh against Mr. Robert Ker untill the morne afternoone, and appoints all the defenders to answer at that dyet peremptorlie. This day the Lord Duke Hamiltones declaration being red and seriouslie considered, the Commission accepted of the same and rested satisfied therewith, and dischargeing any further proceeding against the Duke for not receaveing the Covenant : and appoints his declaratione to be put vpon record, the tenor whereof followes : — 6 1 am sorie that I haue bein so long from giving sattis- factione to the Kirk of Scotland for my not subscryveing of the Covenant, which was occasioned by my departure out of the kingdom and by imprisonment almost ever since, from which I was no sooner delivered and come to London (haveing the honour to be a peere of England, and wnderstanding that 13 AUG.] OF GENERAL ASSEMBLY, 1646 25 by the jointe declaratione of both kingdomes the Covenant was ordained by all to be taken) but that I applied my selfe to the House of Peers to shew my willingnes and expresse my desire for taking therof, which accordinglie was administered wnto me by their Lordships in a verie honourabill maner. Therafter, being sent for to come home by the Honourabill Committee of Estates here, I addressed my selfe to them and declared my readiness to take thee Covenant, ether then or at the meeting of the Commissioners for the Kirk. It pleased them to give me order at that time to take the same, which I did ; and I hope that therbv I haue given sattisfactione to the Kirk, which (by Gods grace) I sail ever be a true member of, and readie to serve to the wttermost of my power. And thoghe I am on of the latest that is entred into the Covenant, and one that heartlie wishes and prayes for the future happines and peace of these kingdomes, and that ther may not be further occasione to make proofe of mens constant adhering therewnto, yit I shall be as readie as any to contribute my endeavoures reallie and zealouslie for the mantainance of the same to the hazard of my lyfe and estate, which (with Gods help) shall be mani- fested by my actiones. Sic subscribitur, Edinburgh, 13th of August 1646- Hamiltone.' Haliburtone haveing this day proponed declinatour against Haiiburtons Mr. William Jamesone, alledging his cariage in the Commis- fjains^M?. sion appointed for examinatione of witnesses was partiall, he Williara J ame i . j e , ~ .. i 1 " . . sone repelled. being moderator oi that Commissione, and not examining the witnesses vpon all interrogatours necessar, and in other things which he referred to the report given in by that Commission, and the Commissione of Assemblie having considered the said report finds not the said declinatour proven, and haveing heard the said Mr. William purging himselfe of partiall counsell, doe therfor admitt the said Mr. William to be judge in the mater of Gordon. The Commissione haveing considered the declinatour pro- Declinatour poned against Mr. James Nasmith, viz. — that he was con- against ^Mr. r j . . • James Nasmith cerned in on of the articles of the paper given in by Hali- repelled, burtoun, doe repell the same, and receaued Mr. James oath purging himselfe of partiall counsell. 26 PROCEEDINGS OF COMMISSION [14 AUG. Committee for examining Laird Ednam. Erie Eglinton. Mr. John Meinzies. Laird Swinton. R. Maxwell. The Commissioun appoints Messrs. William Bennet and James Bonar, Libbertoun and Clarkintoun, to examine the Laird of Ednam in the particulars of Haliburtouns paper, and siclyk appoints them to examine witnesses in Mr. Eduard Wrights bussines. The Commission appoints Messrs. Mathew Brisbane, James Hamiltoun, James Nasmith, and John Lievingstoun, Craighall, Libbertoun, and Brody, to conferr with the Erie of Eglintoun and the Presbitrie of Glasgow concerning a presentatioun to the kirk of Eglishame. The Commission thinks fitt that the particulare concerning the prefering of a regent befor Mr. John Meinzies in the Colledge of Sant Androes, represented in a bill from Mr. William Campbell, on of the regents ther, sould be taken notice of by the Vniversitie, and therfor recommends it to thai- care to be taken order with ; and if that be not done the Commission doth earnestlie recommend it to the Commission appointed for visitatioun of the said Vniversitie, and to this effect appoints the agent to speak to so many of the com- missioners in toun for a meeting of that Commission. This day young Suintone compearing and desireing that witnesses sould not be examined in the particulars of Hali- burtones paper, quhairin he was concerned, wntill he were first heard in the mater, the Commission found the same rea- sonable, and recommendit it to the Committee appointed for examining the witnesses. The nixt meeting the morne. The brethren appoynted to confer with R. Maxwell report- ing that they were well satisfied, and yit for further satisfac- tione the Commission think fitt that some others also conferr with him. Shyrefdom of Argyll. Edinburgh, 14 August 1646, ante meridiem. Sederunt nt in sessionibus precedentibus. The Commission having considered the letter sent from the sherefdome of Argyll representing ther hard and lamentable conditione, and desyring ther assistance to the Committee of Estates for supplie of forces against the rebells ther raging, 14 AUG.] OF GENERAL ASSEMBLY, 1646 and support of mantainance, doe appoint Messrs. Dauid Dick- sone, Robert Ramsay, and the Laird of Clarkingtoun, and Lawrence Hendersone, to assist the gentlmen sent heir from that shire befor the Committee, and desirs the Moderator to speak to the President in that particulare that some present effectuall course may be taken for that supplie and help. The Commission appoints the charities appointed for Mr. Mr. R. Lind- Robert Lindsays wyfe to be againe remembered in the letter sayes sent to presbyteries. The Commission appoints Suinton, Mr. John Somervell, and Swinton, Mr. any others concerned in the particulars given in by Halibur- Jaie\nd^hers. toun against Mr. James Sympsone, to give in answers for themselves to these particulars in so farr as they ar concerned. The Commission desirs Messrs. Dauid Calderwood, William Committee for Colvill, and William Bennet, to conferr with Robert Maxuell Robert Max- concerning his education, and his present profession of the wel1, religion, and to report. The Commission appoints Messrs. Dauid Calderwood, Committee to William Colvill, Dauid Dicksone, Andro Cant, James Bonnar, reievande of William Bennet, Robert Ramsay, John Adamsone, Doctour ^p e r Urtons Colvill, Alexander Somervell, Patrik Gillespie, The Erie of Craufurde, Lord Craighall, Lines, Gartland, Arnistoun, Brodie, Libbertoun, to consider the relevancie of the paper given in by Haliburtoun against Mr. James Sympsone, and to report ther oppiniones therof, recommending also to them that ther reverend brother, Mr. Alexander Hendersone, be consulted therin if his health may permitt. The Commission desirs Messrs. Calderwood and John Mr. Alexander Adamsone to revise Mr. Alexander Casse his book concerning Casse - the practises of the Jesuits, and vpon ther approbatione, authorizes the clerk to give warrand for printing therof. The nixt meeting afternoon. Eodem die, post meridiem. Ministers. — Mr. Robert Douglas, Moderator : Mr. Richard Dicksone : Mr. William Dalgleish : Mr. John Oswald : Mr. John Duncan : Mr: Patrik Fleeming : Doctour Colvill : Mr. Robert Murray : Mr. John Freebarne : Mr. Thomas Vassie : Mr. Robert Elliot : Mr. James Wright : Mr. Robert Traill : Mr. William Colvill : Mr. Adam Penman : Mr. Andro Cant : Mr. Robert Ramsay : Mr. Dauid Dicksone : Mr. John Weer : Mr. Robert Lightone : Mr. Dauid Calderwood : Mr. John Knox : Mr. William Adair : Mr. James Fleeming : Mr. Robert Wright : 28 PROCEEDINGS OF COMMISSION [14 AUG. Garison of In- nernes. Mr. James Douglas. Mr. James Bruce : Mr. William Penman : Mr. Patrik Colvill : Mr. Dauid Drumond : Mr. Alexander Someruell : Mr. Alexander Casse : Mr. William Jamesone : Mr. John Lindsay : Mr. William Rennet : Mr. James Bonar : Mr. John Knox : Mr. Mathew Brisbane : Mr. Robert Ker : Mr. John Neive. Elders. — Lord Craighall : Laird Libbertoun : Laird Didistoun : Laird Lamingioun : Laird Arnistoun : Laird Clark- ingtoun : Laird Linthill : Thomas Patersone : Lawrence Hendersone : James Rochhead. This day a letter from the garisone of Innernes being red, the Commission appoints for supplie of ther necessities that the Moderator and others speak to ther acquaintance of the Committee privatlie that some effect uall course may be taken speedilie concerning it ; and for ministers appoints them to send lists according to the order, and they sail be furnished that way. The Commission, understanding that Mr. James Douglas, sumtyme minister at Carnwath, now latelie deposed from the ministrie, is permitted alreadie by the Presbyterie of Lanerick to be vpon the exercise, doe therfor discharge the said Mr. James from preaching, and recommends the presbitrie that they doe not suddenlie admitt him vpon the exercise but that they keep the order prescryued by the Assemblie. Mr. David Dik- This day the Moderator and remanent ministers of Edin- son, Moderator. Dur oh being remoued in the mater concerning Mr. Robert Kers transportatione to Edinburgh, Mr. Dauid Diksone was appointed to moderate in that bussines. Concerning the petitione of the toun of Edinburgh for Mr. Robert Kers transportatione to the kirk of Edinburgh and the sumonds raised thervpon against the said Mr. Robert and his parosh[in]ers of Saltprestoun, as also against the paroshiners of Haddington for ther entress, the said sumonds being often called, and this day James Roughead and Lawrence Hender- sone, bailzies, and some of the counsell, with the ministers of Edinburgh compearing for the said toune, the said Mr. Robert compearing personallie, and the Lairds of Prestoun and Prestoungraing and Thomas Hume with sum others compearing for the paroshiners of Saltprestoun, the Lairds of Clarkingstoun and Elvingstoune and Patrik Young compearing for the parosh of Haddingtoun, and Gilbert Johnstone compearing for the Erie of Haddingtoun, patrone of the kirk of Haddingtoun, the Commissioners of the Absolvitor, Mr. Robert Ker, from the kirk of Edin- burgh. 15 AUG.] OF GENERAL ASSEMBLY, 1646 29 Generall Assemblie haveing seriouslie considered the said peti- tione and the sumonds raised thervpon, with the reasones therin contained for the said Mr. Robert Kers trans- portatioun to Edinburgh, as also the reasones vpon the other part against the said transportation given in be the said Mr. Robert and his paroshiners of Saltprestoun and be the said patron and paroshiners of Hadingtoun for ther in- terest in the said Mr. Robert, and haveing with mature delibe- ratione examined the haill reasones moved hinc hide in the said mater, Find and Decerne that the desire of the petitione of Edinburgh concerning the said Mr. Robert his transportatione sould not be granted, and therfor Absolue him from the same and from the sumonds raised thervpon : Declairing alwayes that the question concerning his transportatioun to Hading- toun is left entire to the presbitrie of Hadingtoun, and the persones adjoyned to them, to be considered and determined according to the commission given be the late Assemblie to them theranent, and that this sentence, nor nothing done now in this matter is or shall be prejudiciall therwnto. The nixt meeting the morne at 9 hours. Edinburgh, 15 August 1646, ante meridiem. Sederunt at in sessione praecedenfi. This day Mr Robert Row cited to be witnes in Mr. Edward Mr. Row, wit- Wrights bussines, being suorne, deponed judiciallie. This day Mr. Dauid Calderwood and the remanent brethren Robert Max- appointed to confer with Mr. Robert Maxwell reported that ^ eSS Sf the they got exceeding great sattisfactione from him concerning Nithsdale, re- -i •• ii/> ceived to the his religion and therfor the Commissione thought ntt to re- Covenant, ceave him to the Covenant ; and accordinglie he did first suear and subscryue the Nationall Covenant and therafter the League and Covenant of the thrie kingdomes befor the Commission. The Commission, after consideratioun of the particulare Approbation of articles in Haliburtones paper produced to the Commission Jhe Committee, and of the report of the Committee appointed to consider the Jjj^* to relevancie therof, doe approve ther oppinione, and appoints mining wit- Messrs. Alexander Somervell, Robert Ramsay, William Ben- net, William Colvill, James Bonar, Mathew Brisbane, Lord 30 PROCEEDINGS OF COMMISSION [17 AUG. Craighall, Clarkingtone, Garthland, to examine the witnesses vpon the articles found relevant for try ell, and to meet after- noone for that effect. The nixt meeting vpon Monday in the afternoon. Committee in the mater of Gordon. Committee for drawing a declaratione to the Committee of Estatis. Seafort and J. Ogilvie. Edinburgh, 17 August 1646, post meridiem. Ministers. — Mr. William Colvill : Mr. William Dalgleish : Mr. Robert Ker : Mr. Robert Lightoun : Mr. Richard Dickson : Mr. Alex- ander Casse : Mr. William Penman : Mr. Alexander Kinneir : Mr. John Freebairn : Mr. James Fleeming : Mr. James Bonar : Mr. John Nave : Mr. Mathew Brisbane : Mr. Allan Fergusone : Mr. Dauid Dick- sone : Mr. Robert Traill : Mr. Patrick Gillespie : Mr. John Robertsone: Mr. John Moncreiffe : Mr. William Bennet : Mr. Dauid Calderwood : Mr. John King : Mr. Alexander Dickson : Mr. Dauid Drumond : Mr. Walter Suinton : Mr. James Guthrie : Mr. Robert Murray : Mr. Robert Wright : Mr. Alexander Tumble : Mr. William Adair : Mr. Patrik Colvill : Mr. John Hamilton : Mr. Robert Ramsay : Mr. James Nasmith : Doctour Colvill : Mr. John Duncan : Mr. Andro Cant : Mr. William Jamesone. Elders. — Erie Crawfurde : Lord Craighall : Laird Clarkingtoun : Laird Arnistoun : Laird Libbertoun : Laird Dudistoun : Laird Garthland : Laird Glanderstoun : George Porterfeild. The Commission appoints the Committee appointed formerlie to consider the relevancie of Haliburtones paper to meet again in the afternoon, and to consider the particulars proven and not proven, and to prepare the mater to this Commission. The Commission considering that the petition to the Com- mittee of Estates concerning the offers of peace to the rebells, could not be presented to ther Lordships, seing the rebells had come of and accepted the offers, befor a quorum of the Com- mittee mett, therfor they think it verie fitt that some remon- strance or declaratione wer drawen up, and to that effect appoints the Moderator to assume any to himself for making- sum draught thereof. The Commission continues the petitiones of Seafort and James Ogiluie for ther relaxatioun wntill they hear them- selues. The nixt meeting the morne befor noone. Edinburgh, 18 August 1646, ante meridiem. Ministers. — Mr. R. Douglas, Moderator: Mr. David Dicksone : Mr. William Jamesone : Mr. Mathew Brisbane : Mr. John Nave*: Mr. Robert Ramsay : Mr. John Weer : Mr. Robert Ker : Mr. Alexander Tumble : Mr. Walter Gregg : Mr. Patrick Gillespy : Mr. Richard Dickson : Mr. John Hamiltoun : Mr. Patrick Colvill : Mr. John Daljell : 19 AUG.] OF GENERAL ASSEMBLY, 1646 31 Mr. Adam Penman : Mr. William Colvill : Mr. Andro Cant : Mr. James Bonar : Mr. William Bennet : Mr. James Guthrie : Mr. Walter Suintone : Mr. James Fleeming : Mr. John Moncreiff: Mr. William Penman : Mr. John Lindsay : Mr. Robert Murray : Mr. Alexander Casse : Mr. Robert Traill : Mr. Dauid Drumond : Mr. Georg Young : Mr. Robert Wright : Doctour Colvill : Mr. William Adair. Elders. — Laird Clarkington : Laird Libbertoun : Laird Dudistoun : William Hume. The draught of the Remonstrance being this day read, the Commission appoints the Committee for the mater of Gordoun to revise the same and to report ther oppiniones, and to meet afternoon for that purpose, and appoints the Commission to meet the morne befor noone. Edinburgh, 19 August 1646, ante meridiem. Ministers. — Mr. William Colvill : Mr. Dauid Calderwood : Mr. Robert Ker : Mr. Robert Lightoun : Mr. James Wright : Mr. Thomas Wilkie : Mr. Alexander Casse : Mr. Walter Suintone : Mr. James Guthrie : Mr. Patrick Fleemin : Mr. Dauid Drumond : Mr. Robert Murray : Mr. William Dalgleish : Mr. James Fleeming : Mr. John Knox : Mr. John Daljell : Mr. John Knox at Selkirk: Mr. William Jamesone : Mr. Alexander Kinneir : Mr. William Penman : Mr. Alexander Dicksone : Mr. Richard Dicksone : Mr. Robert Elliot : Mr. John Freebairne : Mr. Robert Wright : Mr. Patrick Colvill : Mr. Allan Fergusone : Mr. Dauid Dicksone: Mr. John Lindsay: Mr. Robert Traill : Mr. Walter Gregg : Mr. Patrick Gillespie : Mr. Andro Elliott : Mr. James Nasmith : Mr. John Neve : Mr. J. Hamilton : Mr. Robert Ramsay : Mr. George Young : Mr. John Weer : Mr. William Colvill : Mr. John Moncreiff : Mr. John Robeson : Mr. William Bennet : Mr. James Bonar. Elders. — Erie of Crawfurde : Erie Marshall : Erie of Cassles : Erie of Tullibardin : Lord Burleigh : Lord Craighall : Laird Lamingtoun : Laird Clarkington : Laird Arnistoun : Laird Garthland : Laird : Laird Libbertoun : Wedderlie : George Porterfeild : William Home : Thomas Patersone. The Remonstrance concerning the offers of peace to the rebells being this day read, the Commission appoints Messrs. Dauid Dicksone, Andro Cant, Robert Murray, William Colvill, William Bennet, John Moncreiff, with the Moderator, Lam- ingtoun, Libbertoun, Fingask, William Home and Thomas Patersone, to present the same to the Committee of Estates. Tenor wherof followes : — 4 Amongst manie things which doe afflict our spirits in these Remonstrance sadd and callamitous times, ther is none that wounds ws and all mittee of m the lovers of Zion throwghout the land more deeplie then the Estates - issue of that horrid rebellion so treacherouslie wndertaken and wnnaturallie prosecuted by that excommunicat traitour, James Grahme, and his adherents ; who although ther crueltie sail be 32 PROCEEDINGS OF COMMISSION [19 AUG. accursed wnto all generationes, yit ar now in a better conditione then they who haue bein straight in the cause of God, and haue suffered to the effusione of ther blood and losse of ther freinds and meanes in the defence of the samine. Wee shall not dis- pute of the necessitie of such a way of peace ; your induce- ments and ends ar knowne wnto the searcher of hearts, before whose judgment seat all of ws must on day stand to render ane account of our actiones and to receave according to our works. It is without contraversie that it is a testimonie of the indignatione of the Lord against owr backslydings and provo- cationes, which concernes ws all to search after and to lament for both in our selves and others. AVe should wrong our trust if we did not lay befor your Lordships the exceeding great prejudice that accresces hereby wnto the hiest and gravest censurs of the Church. Your Lordships are not ignorant that excommunicatione by the lawes of the kingdome inferr civill censures, which by this course are interrupted, albeit that dreadfull sentence hes not been pronounced against any for more haynous crymes at any time. Your ingadgment in the Covenant is wnto us a ground of confidence that yow will be so farr from weakening the discipline of the Kirk that yow will endeavour to preserue the same in its full strength and integritie against all persones whatsoeuer. What hes been, and still is the mortall enmitie and implacable malice of those men against all the godlie and zealous in the land, whither professours or ministers, is better knowne then that we need to insist upon it. And thoghe we be not affrayed nether for our selues nor for others of the Lords people, knowing that we are in the hand of our God, yit since the violence and furie of these men tends not only to the endangering of the saftie and restraining of the libertie, but also wnto the interruptione of manie in the free exercise of ther callings in ther places and stationes ; Therefor we earnestlie desire that your honours will think vpon effectual remeadies for preventing of these euills ; chieflie to consider how men may duell in quietnes and peace beside these who haue murthered ther neerest and deerest freinds. Our solemn ingadgment with England was the mater of manie supplica- tiones and endeavours, and hes been a mean of manie blessings wnto ws and them both. And as we blesse the Lord that it 19 AUG.] OF GENERAL ASSEMBLY, 1646 33 lies been hitherto keept inteere, notwithstanding of all the purposes and designes of open enemies and secret undermyners to the contrarie, so we cannot but commend your faithfullnes and care since the Kings comming into our armie in applying your selfe wnto the exercise of the best meanes whereby jealousies might be keept of, and a right understanding pre- serued betuixt the nationes. That sacred and solemne tye is the great eyesore of the enemies of our happines and peace, for dissolveing of which they will leave no meanes unessayed, knowing this to be the surest and readiest way to ther owne rising and our ruine. Therefor doe we promise wnto our selues, from the confidence which we haue in your wisdome and pietie, that your Lordships will, in the strength of the Lord, endeavour to mantaine and hold it fast, as that which much concerns the good and peace of both kingdomes. God forbid that after so manie sad and sore stroaks from the Popish and Prelaticall party, wee sould dash one against another ; that wer not onlie to destroy ourselues but to become a reproach to all the world. Finallie, ther is nothing which we more wish then that a good correspondence bee keept betuixt your honours and ws in all things which concerns this great work of reformatione, espetiallie in this period of time wherin religion and the comone saftie are in so much hazard ; which we doe not desire from any purpose of stretching ourselues beyond our lyne, but that we may know what to entreat the Lord for on your behalfe, how to give faithfull warning to his people, and acquyt our selues with discretione and zeall in our statione wnto the discharging of our trust to the advantage of the cause of God. 1 The Commissioners of the Generall Assembly, considering commission for the petitiones from Irland for certaine brethren to repair ther Messrs. John .. ... .. ii Pi Liviston, Hane for exercising ministeriall duties in a settled charge of the Colwart, and ministrie in some congregationes of that kingdome, and finding Sfto^air to" that in regaird of the present conditione of this Kirk, they Irland - cannot at this time advyse any to embrace a settled constant charge ther, Therfor in respect of the present necessities of ther brethren in that kingdome, doe ordain Messrs. John Levingstone Harie Colwart, George Hutchisone to repair to the kingdome of Irland for a visite for thrie moneths tyme, and c 34 PROCEEDINGS OF COMMISSION [19 AUG. Mr. Jhon Mein- zies. ther for that space to performe all ministeriall duties, for the good of Gods Kirk there, and to doe all and euerie thing com- mitted and recommended to the brethren sent formerlie to that kingdome, heirby authorizing them with the same power in all things dureing the time aforsaid. The Commission desirs Mr. Dauid Dicksone, with Doctour Colvill, to desire the members of the Commission for visitatioun of St. Androes to meet in the beginning of October, and to recommend to them to tak that mater concerning Mr. John Meinzies to ther consideratione, if the same be not taken notice of by the Vniversity befor that tyme. The nixt meeting afternoon. Mr. James Symsones oath. Mr. Edward Wright. Mr. James Row. Report of D. Stranges Declaration. Eodem die. post meridiem. Sederunt omnes qui in sessione ante meridiand. The Commission considering the opinione of the Committee appointed for the mater of Gordoun touching the 4th article in Haliburtouns paper, think fitt that Mr. James Symsone purge himselfe by his oath, and the said Mr. James being suorne judiciallie, did purg himselfe that he never knew Elspeth Hume, now his spouse, befor he was maried to her. The Commission appoints Mr. Andro Rind to be sumond as a witnes in Mr. Edward Wrights processe against Setterday, and in the meane time desirs Messrs. William Colvill, William Ben net, and Libbertoun to think vpon some fair way for con- cluding that mater conforme to the recommendatioun of the Assemblie. The oppinione of the Commission of Assemblie concerning the questione proponed from the presbitrie of Auchterairdour is that they may receave Mr. James Row to publick repentance and sattisfactione according to the Acts of Assemblie and the order of this Kirk, and the Commission ordaines in the mean time the said presbitrie to plant the kirk of Muthell with dilligence. This day the Report concerning D. Stranges declaratioun being produced and read, the Commission appoints the same to be registrat, the tenor wherof follows : — 4 The whilk day the brethren and ruleing elders wnder- subscryving appointed by the Generall Assemblie to hear and 20 AUG.] OF GENERAL ASSEMBLY, 1646 35 report anent the declaratione to be made by Doctour Strang of his infirmities mentioned in the ordinance of the Commis- sion of the Generall Assemblie, being conveined immediatlie after they had bein witnesses of thee samine, agreed to make ther report as folio wes : — That the said Doctour Strang did obey the Act as it stands in terminis. Sic subsc r George Porterfeild. M. Da. Dicksoxk, Wm. Mure. M. Ro. Ramsay. Mr. Geo. Young. M. Jo. Nevay. M. Pa. Colvill; The Commission appoints Messrs. Robert Murray, William Bennet, James Guthrie, John Nevay, and James Bonar to con- der the referrence from Zetland, Murray, and the Channerie, and to report ther oppiniones. The nixt meeting the morne. Edinburgh, 20 August 1646, ante meridiem. Ministers. — Mr. Alexander Casse : Mr. Walter Swintoun : Mr. James Guthrie : Mr. James Fleeming : Mr. William Bennet : Mr. Dauid Dick- sone : Mr. James Freebarne : Mr. William Adair : Mr. Patrik Colvill : Mr. John Hamilton : Mr. William Dalgleish : Mr. George Young : Mr. James Nasmith : Mr. Walter Greg : Mr. Andro Eliott : Doctour Colvill : Mr. Alexander Kinneir : Mr. Alexander Dicksone : Mr. Dauid Calder- wood : Mr. William Colvill : Mr. John Adamsone : Mr. Robert Eliott: Mr. Alexander Tumble : Mr. John Neve : Mr. Mathew Brisban : Mr. Allan Ferguson : Mr. Robert Ramsay : Mr. Dauid Dicksone : Mr. John Weer : Mr. John Moncreiffe : Mr. Andro Cant : Mr. John Duncan : Mr. James Bonar : Mr. Patrik Fleeming. Elders. — Maister of Yester : Laird Lamingtoun : Laird Clerkingtoun : Laird Libbertoun : Laird Dudis- toun : Laird Glanderstoun : Laird Fingask : Laird Wedderlie : Mr. Dauid Weemes : George Porterfield : William Home. The Commission appoints that in letters to presbitries James Murays bussines be recommended carfullie. The Commission appoints Messrs. Dauid Dicksone, Robert Ramsay, James Guthrie, and Libberton to speak with the Committee that is appointed for conferrence vpon the Remon- strance presented to the Estates. The Commission haveing receaved lists for Balcarras Ministers of regiment, Mr. Robert Traill in St. Androes, Messrs. William ^St Lievistoun and Georg Tomsone in Couper presbitrie ; for sirjame^ 11 ' 6 ' Lievtenant Generall Bailzies regiment, Messrs. Dauid Lindsay Lumsdan, and and Alexander Kinninmont in Forfare presbitrie, and Mr. Harie Jegimentsf lls 36 PROCEEDINGS OF COMMISSION [20 AUG. Futhie in Dundie ; for Sir James Lumsdanes regiment, Mr. John M'Ghie in the presbitrie of Hadingtoun, and Mr. William Rate in the presbitrie of Brechine, and Mr. William Row in the presbitrie of Couper ; and for the Generalls regiment of horse, Mr. William Jamesone, Jedburgh, Mr. William Tumble in Kelso, and Mr. William Thomsone in Peebles presbitrie, doe nominate and appoint out of the said lists Mr. William Livingstoun, Mr. Alexander Kinninmont, Mr. William Row, and Mr. William Tumble to repair to the regiments afornamed respective for performing ministeriall duties to them, and that letters be written for that purpose and for supplieing ther place dureing ther absence. Lady Barnes. Concerning the questione proponed from the Presbitrie of Hadingtoun touching the Lady Barnes, it is the oppinione of the Commissione that she subscryue and sueare the Confession of Faith in testimonie of her renunciatioun of her errours of Poprie. Mr. Hew Ker. The Commission of the General Assemblie remits the mater concerning Mr. Hew Ker to the presbitrie of Peebles, desireing them, with the concurrence and advise of the brethren for- merlie named at St. Androes, or any tuo of them, to conclude the said mater by a finall determinatione as they shall judge rea- sonable : giving power also to the said Presbitrie to determine therin by them selues in case after advertisment the brethren desired shall not come, and to doe eurie thing for concluding that mater incumbent to them, or which the Commission could do thereanent, and appoints them to report ther pro- ceedings herein to the nixt meeting of the Commission. Ludowick This day the Erie of Sutherland and Mr. Robert Farquhaird, Sir^GordoV 0 P roves ^ °f Aberdein, having represented the wnfained sorrow of Lodovick Gordon, son of Sir Robert Gordoun, for sub- scryveing Seaforts Remonstrance, and his willingnes to re- nunce the same signified by his letter to the said Erie, and wnderstanding the good behaviour of the said gentleman in former tymes, doe therefor appoint the said Lodowick to subscryue a renunciatioun of the said divisiue band and remonstrance, and send it to the clerk to be put vpon record, which being done, they accept of the gentlemans acknowledg- ment and confessione. 20 AUG.] OF GENERAL ASSEMBLY, 1646 37 Eodern die, post meridiem. Ministers. — Air. William Bennet : Mr. James Bonar : Mr. Andro Cant : Mr. James Fleeming : Mr. Mathew Brisban : Mr. Alexander Dicksone : Mr. Patrik Colvill : Mr. John Hamiltone : Doctour Colvill : Mr. Robert Ker : Mr. Thomas Donaldson : Mr. Walter Swintone : Mr. John Adamsone : Mr. Dauid Calderwood : Mr. William Colvill : Mr. Robert Murray : Mr. Alexander Casse : Mr. George Young : Mr. Patrik Fleeming: Mr. John Nave : Mr. John Moncreiff : Mr. Robert Ramsay : Mr. James Nasmyth : Mr. Alexander Kinneir : Mr. Allan Fergusone : Mr. William Adair. Elders. — Maister of Yester : Laird Lamingtoun : Laird Clarkintoun : Laird Arnistoun : Laird Fingask : Laird Libberton : William Home : Thomas Patersone. The Commission wnderstandino; that Generall Mai our Midi- Generall ° . ,. Majour toun hes been misinformed by some persones intending to Midieton. foment jealousies and divisiones concerning the cariage and respect of the Commissione and of the ministrie toward him, Therfor appoynts Messrs. Andro Cant, Robert Murray, John Adamsone, Mathew Brisbane, George Young, Maister of Yester, and Arnistoun, to sattisfie him concerning these false reports, and to certifie of ther respect and honourabill estima- tione of him. The Commission appoints Messrs. Andro Cant, Robert Mr - Andro Murray, and James Fleeming to speak with Mr. Andro Ramsay Ramsay * concerning his preaching about the King wherat so much offence was taken, and to report. The Committee of Estates desiring som consultatioun and conference, the Commission inhibites any to go out of toun without libertie from the Commission. The Commission, having considered the questiones sent to them from the Synod of Murray, and the report of the Com- mittee for answer therwnto, doe appoint the answers following to be sent wnto them. Followes the tenour of the questions and answers therwnto. ' In primis. In a parosh quhair all the elders and most of Questions from the fensible men ar disaffected and ar contrarie minded to ther Murray. 6 ° f honest minister, queritur in tali casu : — '1. How he shall exercise discipline with such disaffected elders and anion st such disaffected people ? 4 2. What shall be answered to a whole parosh that have for most part joyned with the enemie in ther bloodie courses, and 38 PROCEEDINGS OF COMMISSION [20 AUG. never haveing repented desire to be admitted to the Sacra- ment ? 4 3. What sail be done with declarations that ar from the South, quhair the whole parish is disaffected ? 6 4. What sail be done with Papists maried by preests, whither ther mariage sail be esteemed lawfull or not ? 4 5. What sail be done with ministers coming from Irland, who having the testimoniall of tuo ministers coming from thence at the same time, that they were actuall ministers ther and forced to flie, in regaird of the persecutione, that they could bring no further testimoniall with them. Queritur ; Whither we sail goe on with them as expectants or as actuall ministers ? 4 6. What course sail be taken with the ministers that haue subscryved the Marquise of Huntlys band ? ' The first Quaere it is answered : — That in such a case the minister can exercise no discipline. But the discipline and censure must be referred to the Presbitrie. To the 2d. — Such persones cannot be admitted to the Sacra- ment wntill they sattisfie according to the order of the Assemblie. To the 3d. — So long as a minister can reside at his charge and performe the duties of his calling, he is oblished to per- forme that dutie, also in reading the declarationes emitted by publict order, as weill as other duties of his calling. To the 4th. — Persones so maried sould be censured and sattisfie, because ther mariage hes not been solemnized accord- ing to the order of this Kirk. To the 5th. — The Presbitrie may admitt such to preach as expectants, and therafter according to the order of the Kirk vpon lawfull calling and due try ell they may be admitted actually to the ministrie. To the 6th. — The Presbitrie after tryell finding them guiltie, sould suspend them and referr them to this Commission for further censure. And such as alreadie are found guiltie, that they be presentlie suspendit and referred to this Commission for further censure. The Commission appoints ther nixt meeting to be the morn afternoon, and because that ther reverend brother, Mr. Alex- 2i AUG.] OF GENERAL ASSEMBLY, 1646 39 ander Hendersone, is to be buried the morne before noone, desirs all the brethren to meet heir thee morne after sermon that they may go togither from this place to performe wnto him ther last dutie. Edinburgh, 21 August 1646, post meridiem. Ministers. — Mr. Robert Blair, Moderator: Mr. William Colvill: Mr. AVillam Bennet : Mr. Dauid Calderwood: Mr. Robert Elliott : Mr. Thomas Yassie : Mr. James Guthrie: Mr. Robert Wright: Mr. James Bonar : Mr. John Xeve : Mr. Mathew Brisbane : Mr. Allan Ferguson : Mr. George Young : Mr. James Nasmith : Mr. Evan Cameron : Mr. Andro Cant : Mr. Adam Penman : Mr. John Adamsone : Mr. Robert Ker : Mr. Robert Murray : Mr. James Wright : Mr. Alexander Carsse : Mr. Alexander Tumble : Mr. AVilliam Adair : Mr. Patrik Colvill : Mr. John Hamiltone : Mr. Robert Ramsay : Mr. Dauid Dicksone : Mr. John AYeir : Doctour Colvill : Mr. Alexander Balfour : Mr. Robert Lighton. Elders. — Erie of Crawfurde : Erie of Cassells : Maister of Yester : Lord Craighall : Laird Clerkingtoun : Laird Lamingtoun : Laird Libbertouu : Laird Dudistoun : Laird Fingask : William Home : George Porterfeild. This day the Erie of Crawfurd, Lord Treasurer, desired that Gordon Kirk, nothing sould be done in the mater of the kirk of Gordon to Erle Crafurd - prejudge the Kings Majestie in his right of patronage. The Commission finds that the first instance of the 2d i. instance of reason in Haliburtones large Paper being considered with Mr. p a a p e b r " rton s James Sympsones answer therto is not relevant for censure. In which vote Messrs. David Calderwood, William Colvill, Robert Ker, Robert Wright, Doctour Colvill, Maister Yester, Clarkington and Laminton desired it to be marked that in ther votes they dissented. The Commission finds that the 3d instance of the 2d reason 3 d instance, in Haliburtones paper deserves admonitione only. In which mater Messrs. Dauid Calderwood, William Colvill, Robert Ker, Robert Wright, Alexander Casse, Doctor Colvill, Mathew Brisbane, James Wright, Allan Ferguisone, Maister Yester, Lamino;ton and Clarkingtone desired it to be marked that ther voyces wer dissenting. In the particular concerning Mr. James Sympsones cariage 4tn instance, at Restoun in the 4th instance of Haliburtones Paper the Commission finds so much proven as makes a scandall, notwith- standing his purgatione of himselfe of carnall dealling vpon oath, and therfor thinks he sould be sharplie rebuked. 40 PROCEEDINGS OF COMMISSION [22 AUG. Mr. James Symson. Rebuk of Mr. James Symson The Commission, considering the articles in Haliburtons paper quhair Mr. James Sympsone is concerned which ar proven, as also the articles quhairin he is concerned which are not proven, finds that they ar not exceptiones relevant to debarr the said Mr. James Sympson from the kirk of Gordon. In which vote Messrs. Dauid Calderwood, William Colvill, Doctor Colvill, Robert Ker, Robert Wright, Alexander Casse, Mathew Brisbane, James Wright, Allan Fergusone, Maister of Yester, Lamington, Clarkington, desired ther dissenting voices to be marked. This day Mr. James Symsone was called and rebuked for his cariage at Restoun mentioned in the 4 instance of Halibur- tones paper that he sould haue been alone in a chamber with Elspeth Home in the night tyme befor ther mariage, and admonished that he sould not give such scandall and offence in time coming. The nixt meeting the morne at 8 houris. M. James Symsons transportation. Edinburgh, 22 August 1646. Ministers. — Mr. William Bennet : Mr. Thomas Donaldsone : Mr. Alexander Turnbull : Mr. John Neve : Mr. John Hamilton : Mr. Robert Ramsay: Mr. John Weir: Mr. Andro (ant: Mr. Dauid Calderwood: Mr. Robert Ker : Mr. Evan Camron : Mr. James Guthrie : Mr. Robert Wright : Mr. William Adair : Mr. Patrik Colvill : Mr. Allan Ferguson : Mr. George Young : Mr. James Bonar : Mr. James Wright : Mr. Dauid Dicksone: Mr. William Colvill : Mr. John Adamsone. Elders. — Maister of Yester : Lord Craighall : Laird Garthland : Laird Lamington : Laird Clarkington : Laird Libbertoun : Laird Dudistoun : William Home : Thomas Patersone : Georg Porterfeild : Laurance Henderson : Jo. Ken- nadie. Concerning the transportatione of Mr. James Symsone from Sproustoun to the Kirk of Gordon, referred to the Commission for Publict Affaires by the late Assemblie, the said Mr. James Symsone compeiring personallie, the Presbitrie of Ersltoun compearing by Mr. James Guthrie and Mr. Thomas Donald- sone, the paroshe of Gordon vpon the on part compeiring by Alexander Home of Haliburtoun opposeing the said Mr. James his transportatione, and the paroshiners of Gordon on the other part desiring his transportatione compearing by young Stitchell and Wedderlie, and the Presbitrie of Kelso and paroshers of Sprouston lawfullie sumonded and not compearing, 24 AUG.] OF GENERAL ASSEMBLY, 1646 41 the Commissioners of Assemblie, haveing considered the reasones given for and against the said Mr. James his transportation bv the said parties compearing, and haveing at length heard them theranent, after mature deliberatione finds that the said Mr. James sould be transported to Gordon, notwith- standing the reasones proponed against the same, And therfor heirby transports the said Mr. James from his present charge at Sproustoun to the said kirk of Gordon, and ordaines him to remove and setle himselfe ther for performing all ministeriall duties to that congregation with all dilligence. To which sentence Messrs. Dauid Calderwood, William Colvill, Robert Ker, Allan Ferguisone, Robert Wright, James Wright, Lamington, and Clarkington, desired ther voices to be marked dissenting. This day, Mr. James Guthrie haveing complained of sum speaches wttered by Haliburton, the said Mr. James and Hali- Haiyburton. burton wer examined thervpon, and ther declarationes ther- anent were subscriuit by ther owne hands. The nixt meeting vpon Monday afternoon. Edinburgh, 24 August 1646, post meridiem. Ministers. — Mr. William Bennet : Mr. Dauid Calderwood: Mr. Andro Cant : Mr. John Nave : Mr. James Bruce : Mr. Dauid Dicksone : Mr. John Weir : Mr. Robert Wright : Mr. James Wright : Mr. Allan Ferguson : Mr. Alexander Balfour : Mr. John Adamsone : Mr. James Guthrie : Mr. William Adair : Mr. James Bonar : Mr. Evan Camron : Mr. Robert Ker : Mr. Patrick Colvill : Mr. John Hamilton : Mr. George Young : Mr. William Colvill : Mr. Robert Ramsay : Mr. Alexander Turnbull. Elders. — Lord Craighall : Laird Libbertoun : Laird Dud- istoun : Laird Wedderlie : William Home : George Porterfeild : Thomas Patersone : Laurence Hendersone. This day, the Counsell and Committee of Estates answer to the Remonstrance presented to ther Lordships concerning the offers sent to the rebells being this day red, the Commission appoints Messrs. Andro Cant, Dauid Dicksone, James Guthrie, Robert Ramsay, William Colvill, and Libberton, to reasone with such as shalbe appointed by the Committee vpon the said answer. Tenor of which answer followes : — 4 The Lords of Privie Counsell and Committees of Estates and Answer from Processes haveing read and considered the Remonstrance within e ommm< written, given in to them be the Commissioners of the Generall 42 PROCEEDINGS OF COMMISSION [24 AUG. Minister for Marshells regiment. Act for citing Halyburton. Assemblie, doe returne this answer : — That the distractiones within this kingdome, and the present conditione of affaires, haue moved the Committee of Estates for the peace and quyet of the country to make vse of the power granted to them be the Parliament, which, notwithstanding, they have managed far within what vpon good consideration was condiscendit wnto be the Estates of Parliament, and without any prejudice to the Kirk censures. 4 And as it lies pleased God to make them instruments in restoreing thee Kirk to its just power and libertie, so they will still be carefull, according to ther place, to preserue and strengthen the authoritie therof, and so to order the publict affaires that peace may be setled within the kingdome, and all his Majesties good subjects may enjoy the fruits of the same. 4 The Counsell and Committees have hithertills and will still be carefull to entertaine and preserve the vnion betuixt the kingdomes, and are verie desirous of such a correspondence with the Commissioners of the Assemblie as Kirk and State may go on togither for promoveing the comone cause and setleing of truth and peace/ The Commission, haveing receaued a list of Ministers for the Erie Marshells Regiment, viz. Mr. Patrick Leslie at Fitteresso, Mr. John Forbes at kirk, and Mr. Dauid Strachin at Fittercairne, doe nominat and appoint the said Mr. Dauid Strachin for the said regiment ; ordaines him to repair wnto it for performing ministeriall duties with all dilligence, and that letters be written to the Presbitrie of 1 to sie him dispatch himselfe thither, and for supplieing his place dureing his absence. The Commission of Assemblie ordaines the Laird of Hali- burton to be summond to appear befor them at Edinburgh vpon the eleventh day of November nixt, to answer for the particular speeches he spoke to Mr. James Guthrie vpon the 22 of this moneth, and siclyk for the words he spoke the same day in presence of the said Commission ; as also ordaines the said Laird of Haliburtone and Mr. John Home of Bellita to lead probatioun vpon the particulars in his papers not yit proven, against the said day, withe certificatioun if they faill in 1 Probably Kincardine O'Neil. See Scott's Fasti, vol. iii. p. 518. 25 AUG.] OF GENERAL ASSEMBLY, 1646 43 the premisses that they sail receaue such censure as therby they sail be found to deserue. The Commission thinks fitt that a letter be written to the brethren at Newcastle for informing the Kings Majesty con- cerning Mr. James Symsone ; and the extract of the vote concerning his clearing be sent for that effect, that a draught of the letter be prepared against the morne. This day Mr. James Laing compearing personallie, and pro- Mr. James duceing a paper containing his defences, which being red, and Lain S- the witnesses sumond being called, and not compearing, the Commission of Assemblie refers the said mater to the Presbitrie of Edinburgh, desiring them to proceed to the tryell and cen- sure therof with all dilligence, and that they report ther pro- ceedings therin to the Commission. The Commission continues the sumonds against the inha- Compiyers in bitants in Aberdein wntill the nixt meeting in November, and Aberden - appoints them and witnesses to be cited to that dyet, and if ther be a meeting of the Commission at Aberdein befor that day, that they be cited to that meeting. The Commission of Assemblie continues the sumonds against Mr. Harvieand Mr. James Harvie, minister at New Machar, and Mr. John Che y n - Cheyn, minister at Kintour, wntill the ii day of November nixt, and ordaines them to be cited to that day, with certifica- tione, if they compeir not, ther absence will be holden for con- tempt, and lykwayes ordaines witnesses to be cited to that same day. Edinburgh, 25 August, ante meridiem. Ministers.— Mr. Robert Douglas, Moderator: Mr. William Bennet : Mr. Robert Ker : Mr. John Knox : Mr. Robert Murray : Mr. John Adamson : Mr. Robert Wright : Mr. William Adair : Mr. Mathew JBrisban : Mr. Allan Ferguson: Mr. Dauid Dickson: Mr. John Weir: Mr. Alexander Balfour : Mr. Patrick Gillaspie : Mr. William Colvill : Mr. David Calderwood : Mr. Alexander Dickson : Mr. Robert Lichton : Mr. James Wright : Mr. James Guthrie : Mr. James Bonar : Mr. John Neve : Mr. John Hamilton : Mr. Robert Ramsay : Mr. Ewan Cameron : Mr. Robert Traill: Mr. John Moncreiff: Mr. Andro Cant. Elders. — Lord Craighall : Laird Libberton : Laird Dudiston : William Horn : George Porterfeild : Thomas Paterson. The Commission thinks fitt a letter be sent to the Presbitrie at Newcastle for informing the King concerning Mr. James Sympsone, tenor quhairof followes : — 44 PROCEEDINGS OE COMMISSION [25 AUG. Letter to the Presbitrie at Newcastle concerning Mr. James Simsone. Concerning answer of the Lords of Counsell and Estates of Parliament to the remon- strance of the Commission. The Commissions oppinion concerning the Estates answer to the Remonstrance. * Right Reverend, — We hear that the King hes been informed that ther be men aryseing amongst ws who speak perverse tilings, particularie that Mr. James Sympsone minister at Sproustone is tainted with malignant tenets and corrupt practises. Manie things indeed wer alledged and given in against him by some who opposed his entrie to the kirk of Gordoun, but after a full tryell and examinatione of the parti- culars we found nothing relevant to hinder his transportations 1 to that place, as you will perceaue by the enclosed extract which we haue sent wnto vow. Therfor our desire is, that in the best way that yow can, yow informe his Majestic therof, that so our Church and Mr. James may be vindicated and the Kings care heirafter stopt wnto these who wold thus abuse him, and these obstructions taken away which wer put in the way of Mr. James his presentatione. Wee commend the Lords work in your hands wnto the grace of God and continues, Your loving brethren. 1 The Commission, haueing considered the answer of the Lords of Secreit Counsell and Committees of Parliament to ther Remonstrance, togither with the reports of the conference with sum of ther number, thinks it verie fitt that they returne ther oppiniones concerning t the said answer in the words following : — We doe with all thankfullnes acknowledge the paines your Lordships lies taken to give distinct answers to the particulars contained in our Remonstrance and beggs leave to returne a thought or tuo wnto your Lordships theranent. ' 1. That we are not to debate what power was granted to yow by the Parliament, nor wpon quhat consideratiounes, nether how yow haue managed the same, but humblie to lay befor your Lordships that the issue of that horrid rebellion was a testimonie of the Lords indignatione against our backslydings and provocationes. 6 2nd. That we doe humblie conceaue that your Lordships meaning in that phrase (without prejudice to the Kirk censures) is this, that what is done by your Lordships sail not be prejudiciall to the Acts and orders of Parliament nor to the executione therof against any person wnder Kirk censures. ' 3rd. That seing some parts of the countrie are yit wnder the feet of the enemie, that yow will be pleased to apply yourselfe 25 AUG.] OF GENERAL ASSEMBLY, 1646 45 unto the exercise of the best meanes for bringing reliefe wnto them.' The Commission recommends the petitione of Mr. Ewan p et itione Cameron concerning the province of Argyll to the honorabill concerning o r Argyll Committee of Estates. Recommenda- The Commission continues the particular concerning M r - A Ramsay Andro Ramsays preaching wntill afternoone that they be continued, better informed. The Commission, finding that the list sent from the Gener- a new list for all for reliefFe of Mr. John Smyth is such as they cannot make Mr. J° hn cr n • ill • Smyth s relieffe. electione wpon it, doe therfor appoint the clerk to write for another list. The Commission desirs the clerk to write to any of the The Commis- Commissioners at London that they cannot giue oppinion oppinfon 0t g ' VG concerning Messrs. Andro Learmonth and Andro Collesse, concerning Messrs Pa ■ except they saw and heard them expresse themselues in ther Coiiess, and A. owne presence, and giue evident signes of repentance. th^presem. at Eoclem die, post meridiem. Sederunt ut ante meridiem. The Commission haveing considered the list sent from the m. Francis Generall Artilleries Regiment for a minister, viz.: Messrs q^J°[ the Kenneth Logie, Mathew Maccaill and Francis Aird, doe Artilleries . . Regiment nominate the said Mr. Francis to repair to the said Regiment, and that letters be written to the presbitrie of Hamiltone to see him dispatch himselfe to that employment and to supplie his place dureing his absence. The Commission of Assemblie are not pleased with the papers The papers fra sent from the Erie of Seafort and James Ogiluie. But quhen Seafort and & " _ James Ogiluie they sail appear befor them personallie and present ther desirs, not the Commission will then consider quhat evidence they find of re- pentance for ther bygon offences, and what is further to be done. This day Mr. Andro Rind appeared personallie, being cited Mr. Andro to bear witnes in the mater concerning Mr. Edward Wright, and M^Edward" was suorne and examined judiciallie. Wrights mater. The Commissioners of the Generall Assemblie, haveing M. Edward taken some inspectione of the processe deduced against Mr.2 n ghtsRelax " Edward Wright, do find so much in it as his ministrie cannot 46 PROCEEDINGS OF COMMISSION [26 AUG. Anent Mr. A. Cant, and his sones stay. Concerning Mr. Andro Ramsays Sermon. be so profitable in Glasgow as ekewher, Therfor ordaines that he sail remove and transport himselfe therfra against the last day of November nixtocum in this present year 1646, and for facili- tating the way of his transportatione, doe be thir presents relaxe him from the censure of suspensione, declareing always that, if he sail not remoue from Glasgow befor the said day. they will enter into a more particular and exact examinatione of all the articles of the said Mr. Dauid his processe, and that this relaxa- tione shalbe no prejudice therunto, and appoynts Mr. George Young to intimat this relaxation the nixt Lords day in Glasgow. The Commission continues that mater concerning the reasones of Mr. Andro Cant and his sones stay here wntill the morne, and desirs Messers Dauid Dicksone, Robert Murray, John Moncreiffe and Libbertone to think vpon some lettre to be written to ther presbitries theranent. The Commission desirs Messrs. Andro Cant and Robert Murray to requyr Mr. Andro Ramsay to be heir the morne to cleir himselfe concerning his sermon quhairin he medled with sum questiones concerning the King not fitt for the time. The nixt meeting the morne. Mr. Joseph Brodie for the Kirk of Keith. Anent ane order of relaxing excommunicat persones and receavingthem. Edinburgh, 26 August 1646, ante meridiem. Ministers. — M. Robert Douglas, Moderator: M. "William Dalgleish : Mr. John Adamsone : Mr. John Nave : Mr. Allan Fergusone : Mr. Dauid Dicksone : Mr. James Bonar : Mr. James Bruce : Mr. John Moncreiff : Mr. Andro Cant : Mr. James Wright : Mr. William Bennet : Mr. William Colvill : Mr. Robert Murray : Mr. John Hamilton : Mr. Robert Ramsay : Mr. John Wear : Mr. AVilliam Adair : Mr. Robert Traill : Mr. Patrick Gillespie : Mr. Evan Camron : Mr. Patrick Colvill. Elders. — Laird of Lamington : Laird Garth land : Laird Libbertoun : John Kennadie : Thomas Patersone : William Home of Glasgow : Laird of Fingask. The Commission desirs Mr. Andro Cant and Mr. William Bennet and Mr. Joseph Brodie to recommend to the Laird of Cragivare the kirk of Keith that it may be speedilie planted. The Commission desirs Messrs. Dauid Dickson, Andro Cant, William Bennet, William Colvill, Robert Ramsay, Robert Murray, James Guthrie, Patrik Gillespie, Libbertoun, Fingask, Thomas Patersone, William Home, with the Moderatour, to think vpon the way and order of relaxing and receaving of excommunicat persones and to report ther oppiniones, and also to think vpon the causes of a fast. 26 AUG.] OF GENERAL ASSEMBLY, 1646 47 The Commission of the Generall Assemblie referrs to the Tryeii and Presbitrie of Edinburgh the tryell and censure of Thomas Thomas Wood. Wood, and ordaines the clerk to that effect to give wnto them his letters to wmqhill Mr. Francis Colasse. The nixt meiting afternoone. Eodem die, post meridiem. Sederunt omnes preter Garthland gut in sessione antemeridiana cum Messrs Alexander Balfour and Robert Wright. The Commission thinks fitt that in the letters to Presbitries the intimatione of the excommunicatione of Seafort be re- membered if it be not alreadie done. This day Mr. Robert Douglas and Mr. Andro Cant made report of the discharge of ther commission which was put vpon them and Mr. Robert Blair by the late Assemblie and of ther freedome with his Majestie, and produced a paper which they presented to his Majestie ; Tenor wherof folio wes : — 6 Wheras we are intrusted by the Generall Assemblie of the Paper Church in your Majesties natiue kingdome of Scotland to She K^ng d in° improue the opportunitie of your Majesties presence in this Newcastle, armie for perfyting the begunn and much desired wniformitie in religion and for preserving and strengthning the happie vnione betueen the kingdomes, wee intreat your Majestie to interpret all our proceedings whither by word or writing to be no other but the expressiones of our faithfullnes to Jesus Christ, of our loue and loyaltie to your Majestie, and the neccessarie dis- charge of that trust put vpon ws. And first we desire to as- sure your Majestie in the name of the Generall Assemblie by whom we are sent that it wold be the great joy of all our hearts to sie yow established on your throne, exercing your just power in ruleing righteouslie, and advancing Christ in all his ordinances throwout all your three kingdomes. It is also the desire of our hearts that your Majesties just power and greatness by all law- full meanes may be preserued for the comfort of all your loyall subjects and the good of your person and posteritie. But be- cause soveraignitie is the Lords, who quhen he will, bringeth princes low and powreth contempt vpon them, and quhen he will, exalts again and clothes them with glory and majestie, who also hath preserued your lyffe in the midst of many perills and 48 PROCEEDINGS OF COMMISSION [26 AUG. dangers, and keepeth yit a door of hope open for vow, which we wisli your Majestie shutt not by rejecting the wholesume counsells of your good subjects tendered to your Majestie in this nick of tyme, quhen after so many sufferings and prayers the hearts of your people are waiting and longing for a sure and weell grounded peace, wee most earnestlie in treat your Majestie, after your owne personall reconcilment with God by Jesus Christ, the Prince of Peace, in true zeale to God, in compassione to your perishing people, and in a prudent forsight and regaird to your selfe and posteritie, to embrace all the offers of peace proceeding from the Great Counsells of your kingdomes. And, because heervpon, as we conceaue, doth depend the future happines or miserie of those kingdomes, wee doe againe most humblie sup- plicate your Majestie by the mercies of God, that nether the reiving vpon your owne wisdome, nor the prejudice of anie former principles, which have occasioned so great calamities and brought your Majestie wnder so low a conditione, hinder or retard so desirable a conclusione. When it shall please the God of heaven to move your royal! heart to incline to this our just and reasonable desire, it shall be no grieffe nor offence of heart to your Majestie, being setled on your throne, to sie the streames of blood stopped and your selfe and your people floorishing in religion, righteousnes, and peace. Vera copia (Sic Subsc.) A. Cant, R. Blair, Mr. Ro. Douglas." The Commission of Assemblie appoints a solemne fast and humiliatione to be keeped in all the congregationes of this Kirk vpon the 3d Sabbath of September nixt for the reasones and causes following : — Reasons and 6 1. Notwithstanding of our profession in the last article of Causes of a Solemne League and Covenant, yit to this day the Sonne of God is not honoured amongst ws in the excellence of his person, nor imployed in the vertue of his offices ; but the wnsearchable riches of Christ and the inestimable treasure of the gospell ar neglected and despised as things of no value. 4 2. We doe not tremble wnder the threatnings of the Law verified vpon ws in many sadd and sore judgments, nor doe we follow the directione therof as a rule of our obedience ; but the 26 AUG.] OF GENERAL ASSEMBLY, 1646 49 whole land almost, and many in our armies, still lye in deep securitie, and line under grosse prophantie and hardnes of heart. 4 3. We haue reasone to mourne for the issue of that horrid rebellion as a testimonie of the continued indignation of the Most High against our backslydings and provocationes. 4 4. The lamentable condition of our brethren in Ireland almost brought wnto fainting and neere to be swallowed up bv the power and crueltie of the rebells ther, togither with the danger that we are threatned with from them, and the afflicted estate of those parts of the kingdome which yit lie wnder the feet of the enemies. 4 5. Seeing the Lord hath been pleased to staine the pryd of all our glorie by blasting all our carnall confidence and making the emptinesse of meanes to appear, wee wold seriously intreat Him, that He would make Himselfe glorious in the midst of ws by the manifestatione of his free grace and wonted favour, in pardoning our sines, reclaiming ws from our backslydings and healling our land for his owne name sake. 4 6. That the Lord wold soften the Kings heart and give him the spirit of humiliatione that he may mourne for his iniquitie, and that the spirit of wisdome and wnderstanding may be given to him and all those that are imployed in the publike affairs in both kingdomes, that all ther councells and actiones may be means for the advancement of the kingdome of the Son of God, promoving the work of vniformitie, holding fast the League betuixt the nationes, and for procuring a firm and well grounded peace in all the three kingdomes. 4 7. That the spirit of faithfullness, vnitie, and zeale may be poured vpon all the ministers of the land, that in integritie and loue they may bear burden, one with another, for seeking the honour of Jesus Christ and the edifying of his body, the Church. 4 8. That the Lord would crown e the year with his goodnes in granting a fair and fruitfull haruest.' The Commission desirs the charities for Argyll ministers and charities for Mr. Robert Lindsays relict be remembered in the letters to ^nfsters Presbitries, and James Murrays payment also. This day the Lord Burleigh, the SherrefFe of Teviotdale, and D 50 PROCEEDINGS OF COMMISSION [26 AUG. Articles from the Committee of Estates. Committe for Conference. Mr. Andro Ramsay. Robert Lockheart produced from the Committee of Estates the articles following, desiring an answer thervnto : 4 The Committee of Estates and Processes and Lords of Privy Counsell appoints the Lord Burleigh, the Shereffe of Tiviot- dale, and Robert Lockheart to represent these particulars to the Commissioners of the Generall Assemblie, viz. : — 4 1. That they haue recommendit to ther commissioners at London to presse their former instructiones concerning the setleing of religion and vniformitie of Kirk Government. * 2. That they haue sent some of ther number to his Majestic to desire him to signe the propositiones of peace as the best meanes conduceing to the good of both kingdomes. * 3. To desire the Commissioners of the Kirk to craue ane accompt from ther Commissioners at London of the progresse of vniformitie in religion. 4 4. To recommend to the said Commissioners to give warrand to some of the ministrie to conferr with the Erie Seafort and James Ogluie, and vpon sattisfactione and repentance, that they may be relaxed from the sentence of excommunicatione by the Presbitries quheir they duell, in regaird the Commis- sioners ar presentlie rysing, and are not to sitt for a long time hei rafter. 4 5. To represent that both Committees and Counsell are of opinione that the Atholl men and others taken of from the rebellion be the Generall Majour who ar not excommunicate may be made vse of for publict service as the Generall Majour thinks expedient.' Vpon the grounds aboue written, they ar to inlarge the meaning of the Committee to the Commissioners of the Generall Assemblie. The Commission appoints the Moderator Mr. Robert Douglas, Messrs. Dauid Dicksone, William Bennet, Andro Cant, Robert Ramsay, James Guthrie, Libbertoun, Fingask, to conferr vpon the articles this day produced from the Committee with such as their Lordships shall appoint for that purpose. The Commission of Assemblie, after hearing Mr. Andro Ramsay expresse himselfe concerning the particulars in his sermon which gave offence, finds that quhat Mr. Andro spoke was wnseasonable, and that he spoke in a problematick way, 2; AUG.] OF GENERAL ASSEMBLY, 1646 51 therfor do gravlie admonish him that he doe not the lyk in tyme coming. The nixt meeting the morne befor noone. Edinburgh, 27 August 1646, ante meridiem. Ministers. — Mr. Robert Douglas, Moderator: Mr. William Bennet : Mr. John Nave: Mr. Allan Fergusone : Mr. Dauid Dicksone : Mr. James Bonnar : Mr. Robert Murray : Mr. James Bruce : Mr. Alexander Balfour : Mr. Patrik Gillespie : Mr. William Adair : Mr. Evan Camron : Mr. William Colvill : Mr. John Adamsone : Mr. John Hamiltone : Mr. Robert Ramsay: Mr. John Weer : Mr. William Dalgleish : Mr. Alexander Dicksone : Mr. Robert Traill : Mr. John Moncreiffe : Mr. Andro Cant : Doctour Colvill : Mr. Patrik Colvill : Mr. James Guthrie. Elders. — Laird of Lamington : Laird of Libbertoun : Laird of Fingask ; Thomas Patersone : William Home : George Porterfeild. The result of the conferrence with the Lords and others appointed to that effect by the Committee being reported by those to whom it wes committed, the Commission thinks good to advyse vpon the answer to the articles sent to the Committee in the afternoon, and now to dissolue that they may meet the sooner. Eodem die, post meridiem. Sederunt omnes qui in sessione antemeridiana. The Commission of the Generall Assemblie, after hearing the report of the conference with some of the Committee of Estates and Processes and Lords of Privie Counsell vpon the articles presented from their Lordships by the Lord Burleigh, sherreff of Teviotdale, and Robert Lockheart, doe humblie returne the answer following : — ' They are sattisfied with the sense and end expressed by your Answer to the Lordships of the first tuo articles concerning the present press- Commlttee - ing the setleing of vniformitie in religion and government and the Kings signing the propositiones of peace, which is no other then that which is contained in the Declaratione made by the Commissioners at Londoun quhen they assented to the sending of the propositiones to the King. So that, although the Par- liament of England sail not be broght further on in the work of vniformitie at this time, yit that sould not prejudge the vnione betuix the kingdomes nor hinder the peace betuixt the King and his subjects, and the peace being concluded that the 52 PROCEEDINGS OF COMMISSION [27 AUG. Appointment for presenting the said answer and concerning Aberden and Glasgow. Commissioners sent to New- castle. Appointment of Mr. Andro Aber- crumbie for Montgomeries Regiment. perfecting of the work of vniformitie may be still vrged accord- ing to the Covenant. 6 2. They haue receaved from the Commissioners at London informatione of quhat is alreadie done, and according to ther progresse expects ane further account, for which purpose they are to write to the Commissioners, and shalbe readie to com- municat ther answer to your Lordships. '3. The Commission lies recommendit to the moderatour that he and such as he sail call for may conferr with the Erie of Seafort and James Oglvie quhen they come heer to Edin- burgh and desire it, and for ther relaxatione the Commission can only doe it, which may be conveened by the Moderatour as lie sail find occasione. ' 4. The opinione of the Commissioners is that such of the Atholl men taken of that are not excommunicate sould not be employed befor they give sufficient evidence of repentance of ther bygone rebellion. But in caice of pressing necessitie the Generall Majour may make vse of them in that exigence against the comone enemie/ The Commission appoints Messrs. Dauid Dicksone, William Bennet, Robert Ramsay, James Guthrie, Lamingtoun, Libber- toun, and Thomas Paterson to present the answers to the articles sent to them by the Committee, and also to remember ther Lordships to take notice of the election of the Magistrats of Aberdein conforme to the recommendatione of the Assemblie and the frequent desirs of this Commission to that purpose. The Commissione, finding a necessitie that some be sent to Newcastle at this time to labour with his Majestie conforme to the desire of the late Assemblie, Therfore doe appoint Messrs. Dauid Dicksone, Andro Cant, Robert Blair, to repair to New- castle to prosecute the desirs presented wnto him from the late Assemblie. The Commission of the Generall Assemblie haveing con- sidered ane letter sent wnto them by the Lord Montgomrie desiring that Mr. Andro Abercrombie may be sent to attend his regiment for the reasons mentioned in the letter, and the said Mr. Andro personallie present submitting himselfe therin to the determinatione of the Commission, they therfor appoint the said Mr. Andro to attend the said regiment for performing 27 AUG.] OF GENERAL ASSEMBLY, 1646 53 ministerial! duties to them for the space of thrie moneths only : in the meane time condescending that he go first north to visit his charge ther for some short time, that therafter he may returne and attend the said regiment. The Commission, considering the necessitie of Mr. Robert Mr. Robert Douglas going to Newcastle, doe therfore joyne him to the N°wca?tie° r brethren formerlie appointed to goe thither, giving wnto them full power to addresse themselues to the King, and to present the commission and desirs of the late Generall Assemblie. The Commission appoints Mr. William Bennet, with any m p . Dowgai other brother, to assist Mr. Dowgall Darroch befor the Com- Darroch - mittee of process and money for procureing him a speedie dispatch. The Commission appoints Messrs. William Colvill, William Aberden. Bennet, and Mungo Law to present the desirs of this Commis- sion and of the late Assemblie to the Committee of Estates concerning the electione of the magistrats of Aberdein, as they sail be requyred. The Commission, hearing the reasons moved by Mr. Dauid Concerning Mr. Dicksone for exeeming him from going to Newcastle, referrs to excuse for the remanent brethren appointed to goe thither, viz., Mr. f°stief t0 NeW " Andro Cant, Mr. Robert Douglas, and Mr. Robert Blair to consider his reasons, and to exeem if they think fitt. The Commission, haveing this day heard Mr. Andro Cant Mr. Andro expresse the reasones of his sones stay in this countrie, think ant ' fitt to send his excuse to the Presbitrie, as also to represent Mr. Andro his employments heir, and that the letters follow- ing be sent to that purpose : — ' Right Reverend, — Thogh the condition of affairs with Letter to Pres- yow hes been such as our brother, Mr. Andro Cant, could not co"ce™ng M?.' bot apprehend some hazard in the exercise of his ministrie Andro Cant, ther at such a time, yit this was not the only nor the cheefe cause of his stay heir, but his publict employments, which wer mor frequent then conduceable to the cause. From the Generall Assemblie he was sent to Newcastle, in commission with others, to his Majesty, and now we have thogh t good to returne him thither again, with the rest, to prosecute ther former endea- vours. How soone he can discharge himself of these employ 54 PROCEEDINGS OF COMMISSION [27 AUG. ments we know not. Bot seing he is thus delayed, yow will be carefull to help his college with some supplie indureing his absence, which is all we haue to say. So recommends vow in all your labours to the Lords blissing, and wee remaine Edinburgh, Your loving brethren, 27 August 1646. The Commissioners of Assemblies Direct : To the)- Reverend brethren of the Presbitrie of Aber- deen. Letter concern- < Right Reverend, — The iniquitie of the time hath scattered ing Mr. Alex- _ ,. . 1 ... anderCant. and dispersed sundne brethren of the ministrie this time bygone, and made them wnvsefull for ther particular charges, among quhom we know that Alexander Cant, on of your number, hath been heer this long time attending his father and waiting for better and more peaceable residence at his charge, when the Lord shall be pleased to grant it. Both his fathers conditione and his owne were taken to consideratione by ws, and it was advised that the said Mr. Alexander sould wait on till a fitter opportunitie sould be granted of return- ing ; and therfor we trust ye sail construct his absence the more brotherlie and charitablie. And so, commending yow to God, wee rest, Your loving brethren, Edinburgh, The Commissioners 27 August 1646. of the Gexerall Assemblies Direct : For the brethren of the Presbitrie of 1 This day the Lord Burleigh, sherrefte of Teviotdale, and Robert Lockart presented a paper fra the Committee craveing ther sense of the answer sent to ther propositiones and articles : tenor of which paper followes : — Return from the 6 The Committee and Counsell, haueing receaued the four Committee. ar ticles given in to them this day by the Commission of the Kirk, do returne this answer : That they haue still been carefull to preserve the vnione between the kingdomes and peace betwixt his Majesty and his subjects, and will still be so. Yit they conceaved it no wayes fitting at this time to publish the wtmost of ther condiscendence in the mater of religion and vniformitie least it sould prejudge the further progresse of the treatie by the Commissioners at London. 1 Kincardine O'Neil. See Scott's Fasti, vol. iii. p. 521. 27 AUG.] OF GENERAL ASSEMBLY, 1646 55 The Commission appoints the letter following to be sent to Presbitries : — ' Right Reverend, — We haue found it necessar at this time Letter to Pres- to enjoyne a publict fast for the reasones which we haue sent bltries - to yow in print. Ye will be carefull that the same be reli- giouslie observed, and if this come not to your hand in time so that ye cannot keep it vpon the day appointed, that ye keep it the nixt convenient Sabbath therafter. We belieue that ye were advertised long ago, by your brethren the Commissioners in the late Assemblie, of the excommunicatione of the Erie of Seafort, the intimatione wherof was recommendit by the Assemblie wnto them, so that we hope it is already done. Bot if it be otherwayes, we desire that yow give orders for the inti- matioun of it with the first convenience. Ther are others also, pryme actours of this bloodie and wnnaturall rebellion, quho ar excommunicat heir in Edinburgh be our appointment, viz., Alaster M'Donald, a principall actour in the whole course of the rebellion, and James Ogiluie, sometime Erie of Airlie, Dauid Grahm, sometime of Gorthie, Patrik Grahme, sone to the Laird of Inchbraikie, Donald Robertsone, sumtyme called Tutour of Strowen, John Stewart, sumtime of Sheirglasse, and Colonell William Stuart, exceidinglie active in that bloodie rebellion. Yow wilbe therfor pleased to cause make intima- tioun therof in vour severall congre^ationes. We haue often desired and recommendit wnto you that you wold proceed against these that have joyned in the rebellion. Now yow have a rule in the Acts of Assembly, which are herewith sent wnto yow in print, and we expect ane account of your dilli- gence therin. Bot for such of them as have bein pryme actours and men of qualitie, against quhom ye will find diffi- cultie to proces, it wer fitt they wer broght befor our selues ; therfor yow will cite such of them to compeir befor ws at our nixt quarterlie meiting, the second Wedinsday of November. Ther are presented to ws verie pitifull regraits that the chari- ties desired for our distressed brethren in Argyle, and for Mr. Robert Lindsays relict, are not so cheerfullie and readilie delyuered as was expected ; particular notice is not yit given wnto us of the deficients heirin. Therfor we only remember PROCEEDINGS OF COMMISSION [17 SEP. that if any of yow haue not done that dutie, it may be gone about with dilligence and chearfullnes. You are not ignorant of the ordinance of the Assemblie concerning James Murrays payment of his bygone fies, books and other printed papers, and thogh at this time we sie no report of your dilligence, and so mycht have gone on and put the Act of Assemblie to executioun, we yit again require that at our nixt quarterlie meeting in November you send heir that which is due wnto him, other waves we must doe that which the Assemblie lies requyred to be done in the Act made theranent. So being confident of your care in all the premises, and the report of vour dilligence to our nixt quarterlie meeeting, we commend yow to the Lords grace, and rest, Your loving brethren, Edinburgh, The Commissioners 27th August 1G40. oe the Geneeall Assemblie/ Edinburgh, 17 September 1646, post meridiem. Ministers. — Mr. Robert Douglas : Mr. Johne Oswald : Mr. James Guthrie : Mr. Thomas Wilkie : Mr. James Flemyng : Mr. William Colvill : Mr. Adame Penman : Mr. Patrick Flemyng : Mr. David Drum- mond : Mr. Robert Eliot : Mr. Patrick Colvill : Mr. David Dickson : Mr. Johne Lyndsay : Mr. James Bruce : Mr. Johne Moncreiff : Mr. William Bennet : Mr. William Dalgleishe : Mr. William Jamison : Mr. Johne Dalyell : Mr. Robert Ker : Mr. Johne Knox: Mr. Robert Ligh- toun : Mr. Richard Dickson : Mr. Alexander Somervell : Mr. Johne Nevey : Mr. Johne Hamiltoun : Mr. Robert Ramsay : Mr. John Weir : Mr. Andrew Cant : Mr. Patrick Gillaspie. Elders. — Laird Lammington : Laird Cunynghamhead : Laird Arneistoun : Thomas Paterson : George Porterfeild. Mr. R. Douglas, After calling on the name of God by Mr. Robert Douglas, Moderator. Moderator of the preceding meeting, the said Mr. Robert being put in list with Messrs. Andro Cant, David Dickson, and William Bennet, was chosen Moderator for this meeting of the Commission in all the sessions therof, in absence of Mr. Robert Blair, Moderator of this Commission. This day, Mr. Robert Douglas and Mr. Andro Cant made Report of J Messrs. Robert report of ther frequent addresses to the King, with their earnest Cant glaS ' Andro desires for giving satisfaction to his good subjects of both kingdomes in signing the propositions of peace, and that the Commissioners sent from the Estates laboured to the same purpose exceeding earnestly, but that his Majesty remained still obstinat in refusing their desires. 17 SEP.] OF GENERAL ASSEMBLY, 1646 57 The Commission having received a list for ministers to the Minister for th Generalls excellence, viz. Mr. David Forret in St. Andrews, p^all and 7 JLotnian regi- Mr. Walter Greg in Cowper, and Mr. Johne Duncan in Dun- ment - fermling presbyterie, and for the Erie Lothians regiment Messrs. James Ker and Johne Scott in Jedburgh, and William Penman in Kelso presbyterie, do appoynt the said Mr. David Forret for the Generalls, and Mr. Johne Scott for Lothians regiment, and that letters be writtin to that purpose, and for supplieing their places during their absence. This day, a letter received from the Commissioners at London, the tenor quhairof followes : — * RlGHT HONOURABLE, RIGHT REVEREND, AND LOVING BRETHREN, Letter from the a v j* . . . • i n Commissioners As we nave irom tyme to tyme given an accompt oi our pro- at London. ceedings heir, both to the Generall Assembly and to yourselues, so there hath not bene of late any considerable occasion of our wry ting to yow. We having formerlie desired a resolution in our greatest difficultie, touching agreeing or not agreeing to that part of the propositions of peace which concerneth religion, there being in the ordinances of Parliament (which we sent unto yow formerly, and unto which these propositions con- cerning religion do relate), diverse particulars prejudiciall to the intended uniformity betueen the kingdoms, which we could not approve of but had given our publict testimonie against them, in our Remonstrance of March 26th, which knot was loosed to us by the answer of the Generall Assembly of the dait June 15th 1 bearing that, lest the blame of retarding the desired peace should be cast upon them, it is their judgment that, things considered as they stand, we might not only con- sent to the sending of that which wes alreadie agreed upon concerning religion, but also for these things wherin we differ, giue way, and not make any lett to the sending of them to the King in order to peace, with an expresse declaration (which wes accordinglie done) that this giving way doeth neither import our approbation of all the particulars conteined in the foresaid ordinances, nor any prejudice to the established and received Government of the Kirk of Scotland, nor shall impede our con- 1 This letter has not been inserted among the printed proceedings of the Assembly. 58 PROCEEDINGS OF COMMISSION [17 SEP. stant endevouring a further and neerer vniformity according to the Covenant ; whence we cannot but gather the judgment of the Generall Assembly (which is to us in this negotiation the chief rule to walk by, nixt to the Word of God), that they do not lay so much weight upon the want of a full uniformity in religion betueen the kingdomes, or upon the present differ- ences concerning it, as that the so much desired peace should be therby hindered, or a quarrel betueen the kingdomes founded therupon, especiallie considering that not only Episcopacie and the Book of Common Prayer (the tuo mountaines which seemed immoveable) ar removed, and a common Directory of Worship agreed upon by the Assemblies and Parliaments of both kingdomes, and here ordered to be obserued under cer- taine penalties ; 1 but that likewise for the positive part of Church Goverment there is a foundation laid and a good pro- gresse already made, as may appear by the ordinances con- cerning Congregationall, Classicall, Provinciall, and Nationall Assemblies, and their subordination, concerning ruling elders and their election, concerning the suspension of ignorant and scandalous persons from the Lords Supper, and concerning the ordination of ministers. 2 This last ordinance concerning ordination, as it wes concluded in Parliament upon the 28th of August last, we do heirwith send unto yow. 3 The House of Commons hath also in present consideration an ordinance against hereticks and sectaries, which we shall be carefull to send unto yow how soon it shall be finished by the Houses : But we believe it shall not be finished till they have seen and considered the Confession of Faith, which will be within few days (we trust) perfected by the Assembly and transmitted to the Houses. And although, to our unspeakable grief, this reformation and vniformity is much retarded and obstructed, yet we shall detain from God the glory due unto his name, if we should not say, it is a wonder Reformation is already so 1 Ordinance of the Lords and Commons . . . for the more effectual putting in execution of the Directory for Public Worship. London, 23 Aug. 1646. 2 All the severall Orditiances, Directions, and Votes of the Lords and Commons . . . for the speedy establishing of the Presbyteriall Government. London, 1646. 3 Ordinance of the Lords and Commons . . . for the Ordination of Ministers by the Classical Presbyters. London, 31 Aug. 1646. 17 SEP.] OF GENERAL ASSEMBLY, 1646 59 farre advanced in this kingdome. Howbeit our former zeale in pressing the neerest vniformity is not in any measure cooled or remitted, for we do and shall by Gods assistance still presse it at all opportunities, as long as yow think fitt to continue us in this employment, and if in any other materiall point we can not obtain our desires, or if any new thing (as God forbid) shall be concluded prejudiciall to a further vniformity, we shall discharge ourselves by giving our testimony against it, and by representing it to yow for our further direction. It is another question whither, in poynt of conscience and Covenant, the per- fecting of the vniformity in religion is to be stood upon as a condition without which our army shall not remove out of this kingdome (and consequently without which there shall be no peace), although satisfaction be given them for their paines, charges, hazards, and sufferings. This question, although in our privat judgments we conceive it to be resolued already by the aforementioned letter of the Generall Assembly (the dis- banding of armies being a chief upshot of the propositiones of peace sent to the King), yet for our further exoneration we desire your judgment (unto which we submitt our own), con- cerning a mater of so much consequence, quhairin we know not how soon we must give our opinion and advice to the Com- missioners from the Parliament (who use to consult and advise with us in any business which concerneth religion), and therfor do desire to know your resolution the sooner. The Lord direct the counsels both of Church and State towards that which is most conduceable to the ends of the Covenant, and the God of peace confirme yourselues and us in a constant and faithfull discharge of dueties, and in preventing, by all good and possible means, new and worse troubles in that land, and a breach betueen the tuo kingdomes, which many, both malignants and sectaries, (though for different ends and interests) drive at. This free and faithfull accompt of the condition of affairs yow have from Your loving brethren, Sub tur Loudoun, Argyll, Samuell Rutherfurd, Lauderdaill, A. Jhoxstox, Robert Baillie, Worcester House, the Geo. Gillaspie. 1 10th of September 1646. Postscript. — ' We send yow herewith that which may be new (50 PROCEEDINGS OF COMMISSION [18 sep. matter of comfort and encouragement to yourselves and all the well affected, the Remonstrance of the County of Lancaster, with the ansuere of the House of Peeres therupon/ 1 Direct : For the Bight Reverend the Commissioners of the General Assembly of the Kirk of Scotland mett at Edinburgh. The nixt meeting the morne after sermon. Edinburgh, IS September 1646, ante meridiem. Sederunt ut in sessione precede nti cum Mr. Thomas Vassie : Mr. William Penman : Mr. Walter Greg : Mr. John Knox at Selkirk : Mr. Robert fright : Mr. George Thomson : Mr. Robert Traill : Mr. Patrick Gillespie : Mr. Johne Moncreiff: Mr. Thomas Donaldson : Mr. William Adair. eiec n tion n s in of the The Commission of the Generall Assembly humblie desires magistrats in^ that the honourabill Committee of Estates may be pleased to Glasgow. appoynt some of their number to conferre with such as shall be appoynted by the Commission upon the particular recomended by the Generall Assembly touching the magistrats and counscll of Aberdene, and upon the interesse which they humblie conceive the Kirk lies in the persons that will have place in the election of the mamstrats and counscll of Glasgow for the year ensueing, and appoynts Messrs. William Bennet, Alexander Somervell, and William Jamesone to represent the same to their Lordships. The nixt meeting afternoon. Eodem die, post me rid ion. Ministers. — Mr. Robert Douglas, Moderator : Mr. William Colvill : Mr. James Guthrie : Mr. Johne Knox : Mr. Johne Dalyell : Mr. Robert Ker : Mr. Patrick Fleming : Mr. Thomas Vassie : Mr. Alexander Somervell : Mr. Johne Nevey : Mr. Johne Hamilton : Mr. Robert Ramsay : Mr. Johne Weir : Mr. James Bruce: Mr. Walter Greg: Mr. Johne Moncreiff : Mr. William Bennet : Mr. Andro Cant : Mr. William Jameson : Mr. William Penman : Mr. Thomas Wilkie : Mr. James 1 This was the petition ' of many thousands of the well-affected ' of the County of Lancaster for settling Presbyterian Church Government, suppressing of heresy and schism, and continuing the union between the two kingdoms. The Lords on 25th August expressed their agreement with the petitioners, and promised to take the particulars 'into due consideration' ( 'Journals of House of Lords, vol. viii. pp. 470, 471). The petition was also presented to the House of Commons, who on 15th September had before them in consequence an Ordi- nance for the division of the County of Lancaster into nine presbyteries (Journals of House of Commons, vol. iv. pp. 668-70). This was ultimately passed by the Houses and the Presbyteries united in a Provincial Synod. 1 8 SEP.] OF GENERAL ASSEMBLY, 1646 61 Fleming: Mr. Johne Knox: Mr. Ritchard Dickson: Mr. David Drum- mond : Mr. Robert Eliot : Mr. Patrick Colvill : Mr. David Dickson : Mr. Johne Lyndsay : Mr. William Adair : Mr. Robert Traill : Mr. George Thomson : Air. Patrick Gillespie : Mr. Thomas Donaldson, Elders. — Lord Craighall : Laird Lammington : Laird Cunynghamhead : Laird Arneistoun : Johne Kennedy : Thomas Paterson : Lawrence Henryson. The Commission having considered the petitions of James Committee for Ogilvy for his relaxation, togither with his declaration and con- j°meTogiivy lth fession of his bygone miscariages (tenor of which declaration fol- lowes), and having found that they have sufficient power from the Assemblie to relax the said James Ogilvy, do therefor appoynt Messrs. Andro Cant, David Dickson, William Jameson, John Moncreiff, and Patrick Gillespie, with the Lord Craighall, and Cunynghamhead, and the Moderator, yet again to conferre with him in this place the morne at 8 hours. Follovves the tenor of James Ogilvies declaration above-mentioned : — ' I declare be these my unspeakable and heartie grief for my James Ogihyis accession to these rebellious wayes and courses, which lies Confession - justlie moved the Commissioners of the Generall Assemblie in respect of the notoriety and atrocity of my haynous offence thereby to ordain me to be excommunicat ; and as I sincerely acknowledge the justice and equity of their ordinance and of that heavie sentence of excommunication which followed against me therupon, and that I deservedlie ly under the samen, both for the offences committed be me before the said sentence and therin mentioned, and my persisting in the said courses after the said sentence, and my coming out of the Tolbnith of Edinburgh : So on the other part I humblie desire that I may be received within the bosome of the Church, which is never shutt to these who repents, and to be eased of the heavy burden of that fearefull sentence under which I have groaned this long tyme, and lies beene longing to have the happie occasion to expresse my grieff and repentance for the said offences, and my earnest desire to be reconciled again to my mother Church, as is known to some of this Judicatorie, who can witnesse how much I pressed and sollicited both the Generall Assembly when I wes in prison in this town, and the Commissioners of the General Assembly at St. Andrews with reiterat desires and petitions to the effect forsaid, since which time I have ever entertained the same desire, albeit human frailty 62 PROCEEDINGS OF COMMISSION [18 SEP. Mr. Jhon Cunnisork-. Erie of Seafort. Erie of Sea- forth. Jhon Anstruther. and the naturall desire, that all men lies to preserve themselves, caryed me to endevoure and mak an escape out of prison, and to adhere to the foresaid courses, in so farre as I conceived ther wes a necessitie for my safety ; for which escape out of prison and any thing done be me since, I will not plead excuse as being acts of necessity, but professeth my guiltynes and un- fained sorrow for the samen, and shall endevour, be Gods assistance, to witnesse my sinceir acknouledgment and remorse for my offences before mentioned be a dutyfull and circumspect cariage in tyme coming, as becometh a good Christian and true patriot. All which I do declare and promise as in the sight of God/ {Subter) Ogilvy. Mr. Johne Cunnysone having given in some queries anent his going back to his charge, the Commission declares that it is their opinion, that he go about to doe the dueties of his calling as carefully as he may with safetie, and desires Mr. David Dickson to speak to the Provest of Glasgow, that he delyver to Mr. Johne, heer in this town, his part of the contribution for the ministers of Argyle, unto whom he wes joyned. Earle of Seafort, personallie present, being desired to produce the principall subscribed divisive band, declared that it wes burnt, but remembred neither of the tyme nor place quhen and quhair he did it, affirmed, that to his memorie there wer no witnesses present when he did it, and that the reasons moving him therto, wer only because the same wes condemned by the Kirk and State, and that he did not think he should have been desired to produce it, and conceived not any necessity of the keeping of it. The Commission of the Generall Assembly finds they have no power to give any determination in the petition of the Earle of Seafort, touching his relaxation from the sentence of excommunication presented to them, with a paper containing his confession of his offences subscribed by his hand, and therfor referrs the matter to the next Generall Assembly. The Commissioners of the Generall Assembly referrs the mater concerning Johne Anstruther, togither with his petition presented to them this day, wnto the Provinciall Assemblie of Fyffe, and appoynts the said Johne to be cited to ansuere to the said Assembly in the said mater. 19 SEP.] OF GENERAL ASSEMBLY, 1646 63 The Commission desires Messrs. James Bruce and Johne Aberden and Moncreiff to go to the Earl Craufurd, the president of the Glasg0 *- Committee, and humbly desire a meeting of the Committee for the mater concerning Aberdene and Glasgow. The next meeting the morne at ten houres. Edinburgh, 19 September 1646, ante meridiem. Ministers. — Mr. Robert Douglas, Moderator: Mr. David Dickson: Mr. William Jameson: Mr. William Penman: Mr. John Dalvell : Mr. Ritchard Dickson : Mr. Robert Eliot : Mr. Patrick Colvill : Mr. Johne Weir : Mr. Robert Traill : Mr. George Thomson : Mr. Patrick Gillespie : Mr. Andro Cant : Mr. Robert Ramsay : Mr. James Guthrie : Mr. John Knox at Selkirk : Mr. Patrick Flemyng : Mr. Alexander Somervell : Mr. Johne Xevey : Mr. Johne Hamilton: Mr. William Adair: Mr. Walter Greg: Mr. Johne Moncreiff: Mr. Allane Fergussone : Mr. Thomas Donaldsone. Elders. — Lord Craighall : Laird Lammingtoun : Laird Arneistoun : Laird Cunynghamhead : Thomas Paterson: Johne Kennedy. The Commission having considered the petition following for the mater of Aberden and Glasgow, think fitt the same be presented, and to that effect appoynts Messrs. Alexander Somervell, Ritchard Dickson, AVilliam Jameson, and James Guthrie, with Lammingtoun and Cunynghamhead. Tenor of the petition followes : — ' To the right hojwurabill the Committee of Estates the humble Petition to the petition of the Commissioners of the Generall Assemblie : Estates^on^ ' When we consider the great excellencie and advantage of ceming the the work of Reformation, we cannot but conceive your Lord- Magistrats of ships and ourselves and evrie one in ther stations under a verie Glasgow and great hight of obligation, with all faithfulnes and care to keep that which is committed unto us. The attaining and establish- ing of it wes not mater of greater reputation and joy then the lossing or weakening of it by our negligence would be sorrow and shame unto us all. And therfor ar we bold to represent unto yow our grievance upon the progresse of the said par- ticulars, which concerne the election of the magistrats of Aber- dene and Glasgow. We shall not streitche ourselves beyond our line, but desires your Lordships humblie in the bowels of Jesus Christ to consider, whether the putting men evill affected to the work of God and under publik censures of the Kirk in a capacity of publik trust in these tuo eminent places of the kingdome, may not onlie weaken the hands of those who ar 64 PROCEEDINGS OF COMMISSION [19 SEP. faithfull and honest, but prove verie obstructive and dangerous to the work of reformation itself. It is truely mater of astonishment unto us, to sie the desires of the Generall Assemblie and our own desires, so frequently renewed upon so good grounds in that which concerns Aberdene, so farre disappoynted after so faire hopes : Ami what concerns Glasgow is as a dream, and we may say beyond anything which we did imagine or feare. Therfor, having no respect but the glorie of God and the good of the present cause, we do again and againe humblie desire, that your Lordships may from the same respects take these particulars to your serious consideration, and find out such a way as an election dishonourable to Kirk and State, made and forced by the power of the excommunicat and forfault enemies therof, may not have either your Lordships direct or tacit allowance or oversight in the least measure. And, on the other part, where persons disaffected to the publik cause have beene held off publik employments, and the well affected have been chosen by authority of preceeding Com- mittees, that nothing issueing from your Lordships may produce contrarie effects, nor tend to the weakening of the hands, discouraging of the hearts, or to any prejudice of the well affected so elected, nor to the strengthening, animating, or the advantage of the disaffected so excluded.' James Ogilvie. This day report being made concerning the conferrence with James Ogilvy, that they found good beginnings in him, acknow- ledging his offences verie ingenuouslie, as they wer aggreadged unto him, and regrating his own wants, especially of expression, that he could not expresse his sense of his miscariages so as he wished : The Commission thinks fitt that he be yet dealt with by conference, and to this purpose that he stay in toun, that the ministers heir may conferre with him, desyring in the mean- tyme that he repair to the kirk for hearing the word, but so as he do not communicat in the publik prayers, but that he come in after the first prayer before sermon and remove before the last, and that he abstain from visiting his freends and evrie other thing that may give offence, behaving himself in all things as it becometh one in his condition. All which wer intimat to the said James personallie present. Erie of Seafort. The Commission of Assemblie upon the consideration of the 2i SEP.] OF GENERAL ASSEMBLY, 1646 65 Earle of Seatbrts petition, this day presented unto them, finds the desire therof touching his repairing to the kirk for hearing sermon verie reasonable, provyding that therby he take not occasion to communicat in the publik prayers, singing of psalms, nor in the blessing, but that he abstain from these and all other publik ordinances, the hearing of the word only excepted. And concerning his desire of conference with minis- ters the Commission hereby recomends to the Presbyterie quhair he resids, that upon his desire they appoynt some well affected of their number to conferre with him ; they always abstaining from eating, drinking, or keeping fellowship with him, and from communicating with him in any act of worship, and so carrying themselves evrie way as becometh them to do towards one in his condition. Edinburgh, 21 September 1646, ante meridiem. Ministers. — Mr. Robert Douglas, Moderator: Mr. William Bennet : Mr. David Dickson : Mr. William Jameson : Mr. William Penman : Mr. Ritchard Dickson : Mr. Patrick Colvill : Mr. Robert Traill : Mr. George Thomson : Mr. Johne Xevey : Mr. Johne Weir : Mr. Andro Cant : Mr. William Colvill : Mr. Robert Ramsav : Mr. James Guthrie : Mr. Johne Knox at Selkirk: Mr. Robert Eliot: Mr. William Adair : Mr. Walter Greg: Mr. Allan Ferguson: Mr. Patrick Flemyng : Mr. Johne Daly ell. Elders. — Lord Burghlie : Lord Craighall : George Porterfeild : Laird Cunynghamhead. This day report being made of the ansuere of the Committee Report from of Estates to the petition presented unto" them concerning concerning" 66 Aberdene and Glasgow, that they not only had taken course for ^ r ^JJ a ^f d bringing these relations contained in the petition to the Parlia- concerning the ment to be considered by them, but upon occasion therof made Magistrates and a generall Act recomending that no person under processe for ^p^^enT 5 complyance, who have not satisfied the Kirk, should be chosen magistrats or upon the counsell for the year ensueing; and made the like recomendation to shires and burghs, for the election of Commissioners to the Parliament : The Commission upon consideration therof appoynts Messrs. Alexander Somer- vell, Andro Cant, David Dickson, James Guthrie, with the Moderator, the Lord Burghlie and Craighall, to meet presentlie and consider what is further to be done by the Commission upon the said recomendations. The Commission appoynts the said Committee also to COn- IS 66 PROCEEDINGS OF COMMISSION [21 SEP. Erie of Abercorn. Erie Lithgow Committee to prepar a Re- monstrance concerning Argyle. Letter from the Provinciall of Argyle. sider of an ansuere to the letter from the Commissioners at London and to report. The Commissioners of the Generall Assemblie appoynts the presbvterie of Paisley to desire the Earle of Abercorne to give his children to some Protestant freends, that they may be well educat in the religion professed in this Kirk, and that they presentlie enter in processe against the Erie himself in respect of his obstinat continuance in Poperie. The nixt meeting afternoon. Eodcm die post meridian. Ministers. — Mr. Robert Douglas, Moderator : Mr. Johne Oiswald: Mr. David EKckson : Mr. William Jamison : .Mr. William Penman : Mr. Ritchard Dickson: Mr. Robert Eliot: Mr. Johne Nevay : Mr. Robert Traill : Mr. George Thomson: Mr. James Sibbald : Mr. Patrik Flemyng : Mr. Johne Dalyell : Mr. Robert Lightoun : Mr. William Bennet : Mr. Andro Cant : Mr. Robert Ramsay : Mr. James Guthrie : Mr. John Knox at Selkirk : Mr. Alexander Somervell : Mr. Patrick Colvill : Mr. William Adair : Mr. Walter Greg : Mr. Johne Duncan : Mr. Allane Fergussone : Mr. Johne Weir : Mr. Johne Knox : Mr. William Colvill. Elders. — Erie Cassills : Lord Craighall : Laird Lammingtoun : Thomas Paterson : George Porterfeild : Laird Dudingstoun. The Commission appoynts the Presbytery of Linlithgow to cite the Earle of Linlithgow to the next meeting, if he do not satisfie themselves according to the ordinance of the Assembly and the degree of his delinquencie. This day a letter being produced from the Provinciall Assembly of Argyle and read, the Commission thinks fitt it be represented to the Committee of Estates, and that some brethrene meet after dissolving to prepare a remonstrance to present with it, viz. — Messrs David Dickson, William Colvill, Andro Cant, James Guthrie, and the Moderator, with the Erie of Cassillis, Lammingtoun, and Cunynghamhead. Followes the tenor of the said letter : — 'Right Reverend, — We have bene bold at diverse occasions both bv letters and petitions to make your wisdomes ac- quainted with these many distresses and pressing calamities, quhairunto we have bene redacted by the long continued cruelty of a most insolent enemy. But never did we represent our condition with more grieved and pressed doun hearts and soules then at this occasion, quhen not only our dangers and fears begin to encrease and multiplie, by reason of appeirance to be excluded from the fruits of that peace intended for the 2i SEP.] OF GENERAL ASSEMBLY, 1646 67 rest of the good subjects of the land, the warre therby liklie to be continued with us, but also by reason that the cause of God is like to suffer, the ark in danger to be taken, the glorie like to depart from Israel, and Dagon like to be set up beside the ark, all our labours in the gospell lyklie to become fruit- lesse. For with the enemy there ar a number of freiris and seminarie priests, who are going about Kintyre and some of the lies, using all diligence and endevour to seduce the people to Poprie; and many, not only in Kintyre but also of the adjacent lies, even of the better sort, already following their wayes, and not only countenancing, but embraceing their superstition. The suord of the rebells quhilk hes bereft us of our freends, spoiled us of our goods, and burnt our duellings, the apprehension of a following famine, — there being no sowing in our countrey, — except we be helped by your gratious bounty, (as we have bene already in a good measure refreshed by yow,) cannot parallell the bitternes that the feare of the sorest of all plagues, the removall of the light of the gospell, hes possessed our soules with. In this extremity we know not what to do ; but as our eyes ar towards the Lord, so our recourse is towards your wisdoms to entreat yow in the bowels of Jesus Christ, and from the tender pitie yow ow unto us, as being embarked in the same bottome with yow, and conjoyned in the same Covenant, that yow would bestir yourselves according to your places, in the use of all means competent for yow, for the not only hindering of the farder spreading, but the vtter suppression of the contagion ; and especially to interceed for us, to represent our condition and feares to the Committee of Estates, and to intreat them by all the intresses of religion and nature, accord- ing to their trust and place, that they would speedily and effectually think upon some course for the preventing of such danger, as the not tymous suppression of that gangren may threatten the whole land with. We ar confident that ye will take a mater of such concernment and consequence carefully to heart, which expecting, we recomend yow to the goverment of Gods Spirit, and rests, Your loving brethren, Suh tur M. J. Cameroun, Moderator, and M. Dug. Darroch, Clerk, Tnnerarey, the 10th of at the comand of the provin- Septemhcr 1G46. ciall meeting."' 68 PROCEEDINGS OF COMMISSION [21 SEP. Postscript, — 'We ar certanly informed from the rebellis quarters, by diverse reports and letters, that there is one Mr. Murdoch M'Keinvie hes latlie come towards Antrum from the North, and, as is reported, is negotiating with him and Alester M'Donald in name of the Earle of Seafort. And, even at the wryting of these presents, there came a letter to our hands shewing that the rebellis were to remove, if not already removed, towards Ila, quhair ther is a great feast prepared for them, and thence intends for Ardnimurchan ; quhairas they make the people that ar joyned with them persuaded that Seafort, M'Laine, Captane of Clan Ronald, and Sir James M'Donald ar to meit them, and Mr. Murdoch M'Keinyies being with them does confirme the people the more to believe the same, so that many that wer of purpose to come off ar resolved to adhere to them. 1 Direct : For the Right Reverend the Commissioners of the Generall Assembly of the Kirk of Scotland. Recommend- The Commissioners of Assembly considering how necessar it the gh°in Cerning * s ^° t nem > by all means and wayes incumbent, to promove and the names of preserve the work of reformation, and that to this purpose sihire^and t0 the Honourabill Committee of Estates have carefully provydet Burghs for ^ y t ner serious recomendation to Shvres and Burrowes that information in J * the election of no persons be elected commissioners to Parliament, or magistrats and Magktrats. ar| d counsellors in burghs, who have complied with the rebellis, ar under processe for the same, and have not given satisfaction to the Kirk, Therfor, according to the power committed to them, they appoynt evrie presbyterie or minister of burgh, or either of them, to give a roll of the complyers under processe in their bounds to the meeting of the shire or towne counsell respective, that they may the better know how to give obedience to the said recomendation of the Committie ; and withal to intimat that the Commission will proceed with the censures of the Kirk against such persons, elected and accepting the employment, with the greater severity and diligence ; requiring the presbyteries and ministers aforesaid, or either of them, to do their exact diligence herein, and to report accompt hereof to the next meeting of the Commission. The Commission thinks fitt that letters be sent to ministers in burghs and presbyteries togidder with the above written 2i SEP.] OF GENERAL ASSEMBLY, 1646 69 Act and the Act of the Committee with diligence. Tenor of the letters followes : — 4 Reverend and loving brother, — From the sense we have Letter to of the necessity at this tyme of a good election of commis- Burghs[ S sioners to Parliament and magistrats in burghs, we have obtained a serious recommendation from the Committee of Estates, that such as have complyed with the rebells, and have not satisfeid, may not be elected either on the one or the other employments, and for this cause have thought fitt for our parts to appoynt diligence to be done, for giving information of the complyers, that no ignorance be pretended therof : Therfor yow will not faill to do that carefully and exactlie concerning the election of magistrats and counsell of your burgh, which is required from yow in this Act, and to report us account therof at our next meeting. And that the like diligenee be done at the meeting of shyres toward election of commissioners to Parliament, yow will not faill (because we know not who is moderator of your presbyterie) to conveen the presbyterie so soon as these shall come to your hands, and delyver to them this letter, that they may take the lyk course concerning that pur- pose. So commending the successe of this and all your employ- ments to the Lords speciall blessing, we remaine, Your loving brethren, The Commissioners of the Generall Assembly. Edinburgh, (Sub r ) Mr. Robert Douglas, Moderator.'' 21 September 1646. 'Reverend and loving brethren, — From the sense we have Letter to of the necessity at this tyme of a good election of commis- Presb y ten€ sioners to Parliament and magistrats in burghs, we have obtained a serious recomendation from the Committee of Estates, that such as have complied with the rebells, and have not satisfied, may not be elected either on the one or the other employment, and for this cause have thought fitt for our parts to appoynt diligence to be done forgiving information of the complyers, that no ignorance be pretended therof : Therfor yow will not faill to do that carefullie and exactly as is required from yow in this Act, for information to the meeting of your shires, and to report us account therof at our next meeting. We have recomended the like to the ministers of burghs for informing their burghs concerning the recommendation of the Committee. 70 PROCEEDINGS OF COMMISSION [22 SEP. So commending the successe of this and all your employments to the Lords speciall blessing, we remain, Your loving brethren, Edinburgh, The Commissioners 21 September 1640. OF THE Gem :u all AsSEMBLIE. The next meeting the morne at eight hours. Edinburgh 9% September 1646, ante meridiem Ministers. — Mr. Robert Douglas, Moderator : Mr. David Dickson : Mr. William Jamesone : Mr John Knox at Selkirk : Mr. Alexander Somer- vell : Mr. Jolme Nevay : Mr. George Thomson : Mr. Allan Fergusson : Mr. Johne Dalzell : Mr. Andro Cant : Mr. John Duncan: Mr William Bennet : Mr. Robert Ramsay : Mr. James Guthrie : Mr. Ritchard Dickson : Mr. Robert Eliot : Mr. Walter Greg : Mr. James Sibbald : Mr. Patrick Flemyng ; Mr. .Johne Knox : Mr. Robert Traill : Mr William Dalgleish. Elders. — Lord Craighall : Laird Lammingtoun : Laird Dudingstoun : Thomas Paterson : George Porterfeild : Laird Cunynghamhead. The Commission appoynts the Remonstrance following con- cerning the oppressed people of Argyle to be presented to the Committee of Estates by the Moderator and Messrs David Dickson and Andro Cant. Tenor of the Remonstrance fol- io wes : — 4 To the right honorabill the Committee of Estates the humble Remonstrance of the Commission of the Generall Assembly. Remonstrance 6 It hath bene our happienesse and glorie now for many yeiris, P^ovince^of 6 in the midst of the nations that ar round about, that religion fogyte' hath bene preserved pure and spotlesse in our land, and ther is nothing under heaven could make us so miserable as to be robd of the riche and inestimable treasur of the precious gospell of Jesus Christ our Lord, which is the crown of His glorie and the life of our soules : Therfor we can not but from the deep sense of the danger that threatneth His honour and our happynes represent unto your Lordships what with much sorrow of heart was communicat unto us yesternight from the Synod of Argyle, to wit, that the enemy in these parts ar attended with a number of friers and seminarie preists, who go about Kintyre and the lies seduceing the people unto Poperie, and have so farre pre- valed with many of the better sort as not only to make them countenance but to embrace their superstition. Nay, that these men ar come to that hight of insolencie as to professe, that in a short tyme the masse shall be set up there to the open view and beholding of all men, and that this was the end of their 22 SEP.] OF GENERAL ASSEMBLY, 1646 71 comeing into this kingdome. Your Lordships know Brittan hath alwayes bene looket upon as the strongest bulwark of the Protestant religion, and therfor the Romish party hath never ceased by all means to endevour the reduceing of this iland, as the shortest and fairest way unto the ruin of all our sister Churches in Europ ; and we do easily believe that quhen they have seen their hopes cutt off' amongst the more understanding that they have thought best to dryve their designe in these places quhair there is les knowledge and zeale, and from thence by their means to propagat it southward, untill they have made a prey of us quhom they have long hunted for. Neither ar they destitut of means to foster their hopes and strengthen their attempts. Besyd the Popish party, in both kingdomes, and the rebellis under the command of Alester McDonald, we ar enformed that there is an army in Irland upon the Popes re- tinue carrying his liverey, under the command of Oven M'Kart, who hath refused to embrace the peace there, having (no doubt) designs for further advancing the Popish cause. Our spirits have bene much afflicted now for many dayes to heare that our brethren there, whose interests we ar bound, by the oath of God in our Covenant, to tender as our own, should have their country made desolat, their houses bnrnt with fire, be spoiled of their goods, many of themselves slain e by the sword, many exposed to naked- nes and famine ; but to sie the remanent that is left have their soules made a prey to Antichrist is bitter as death. And therefor not only as members of the same body do we intreat your honours, but as the servands of the living God and embass- adours of Jesus Christ do we lay these things before yow, exhort- ing yow in his name to think upon it seriouslie. We ar persuaded that we shall not seem unto your Lordships in a thing of this natur too apprehensive. Now, for well nigh three-score yeirs have we not heard of so bold attempts against religion ; neither hath the Lord at any time put us to it in so direct a way to give a testimony of our zeale to the trueth, and of the estimation we have of the gospell. All Israel assembled themselves at the hear- ing of the altar built beyond Jordan, and shall not we raise a cry, and all the land bestirr themselves, to go out against those who, after they have for a long tyme fed their cruelty upon the flesh of our brethren, at the last intend to set up the abomination 72 PROCEEDINGS OF COMMISSION [22 SEP. of desolation in our land ? Sad experience hath taught us not to despise the beginings of evill. From thence come foorth a suord that did overflow and devour and passe throw from one end of the land unto the other. But we ar confident that your wisdom will consider of these things as maters of so high conse- quence do require, and from your zeale to the honour of Jesus Christ, your respect to your Covenant, your regard to your religion, love to your country and affection to your posterity, after serious deliberation, apply yourselves unto speedy and effectuall remedies, quhairby religion may be secured and help and comfort brought to our afflicted and distressed brethren." Eodem die, jiost meridiem. Sederunt ut in sessione antemeridiana cum Mr. William Colvill : Mr. James Nasmith : Mr. Alexander Balfour : Mr. David Auchterlony : Libbertoun : Erie Seafon. This day the Earle of Seafort desyring to be heard and called, did purge himself of the particular mentioned in the letter from the Provincial! of Argyll concerning him, absolutlie denying the same with great asseverations. Erie Home The Commission, understanding that the Earle of Home is k?rk°oTGordon now * n toun, appoynts Messrs. David Dickson, Andro Cant, and William Jameson to speak with my Lord concerning the kirk of Gordon, and to labour for his consent to Mr. James Simsons admission therunto. Mr. William The Commission appoynts Mr. William Turnbull in the GeneraUs 10 thG P l ' eso y^ e " e °f K e l so ? a s of before, to repaire with diligence to regiment. the Generalls regiment. Sir John Concerning Sir John Smith, the Commission finds in saTisfaction bhk res P ec t of the reference of the late Assembly touching him, and the appoyntment in July last of intimation to be given to him for his appearing in August therefter, that he is under processe for complyance with the rebells, and therfor of new appoynts him to be required by Messrs. James Flemyng and William Dalgleish to appeir the morne, to ansuer in the mater of the said reference, and in such particulars as shall be informed against him ; and that this advertisment shall be sufficient and aequivalent to a citation. The next meeting the morne before noon. 23 SEP.] OF GENERAL ASSEMBLY, 1646 73 Edinburgh, 23 September 1646, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator: Mr. John Oiswald : Mr. Walter Greg : Mr. Johne Dalyell : Mr. llitchart Dickson : Mr. Robert Eliot : Mr. Patrik Colvill : Mr. Johne Knox : Mr. Robert Traill : Mr. George Thomson : Mr. David Ochterlony : Mr. Robert Lich- toun : Mr. David Dickson : Mr. William Adair : Mr. Thomas Donaldson : Mr. AVilliam Bennet: Mr. William Dalgleisch: Mr. Alexander Somerrell: Mr. James Flemyng : Mr. Robert Ramsay : Mr. Johne Hamiltoun : Mr. Alexander Balfour : Mr. Patrik Flemyng : Mr. James Nasmyth : Mr. Johne Weir : Mr. Allan Fergusson : Mr. Andro Cant : Mr. James Guthrie : Mr. Johne Moncreiff : Mr. Thomas Wilkie : Mr. William Colvill. Elders. — Lord Balmerinoch : Lord Craighall : Lammingtoun : Arnistoun : Cunynghamhead : Libbertoun : Dudingstoun : James Rouch head : Lawrence Henryson : James Stuart : Thomas Paterson. The Commission of Assembly ordaines any farther informa- sir John tions concerning Sir Johne Smyths miscariage and complyance Smith * with the rebells be prepared, with the evidences therof, against the afternoon, and that search be made for the letter sent to Lodovick Lyndsay, wherof the paper producet is alleadget to be the just coppie, against the same tyme : appoynting in the mean tyme the clerk to direct summonds for citing witnesses in toun to the same dyet, and that the agent have a care for execution therof. This day Mr. David Forret, personallie present, wes excused, Mr. John and Mr. John Duncan, ane of the list, appoynted to go to the GeneraV 0 the Generalls Excellence, and that letters be written to him and to the Presbyterie for that effect and for supplying his place during his absence. The brethren appoynted to speak the Earle Home reporting Erie Home, that they received no satisfaction from his Lordship, neither Gordon g kirk. wes he satisfied with the mater of Gordon kirk ; Therfor the Commissioners appoynt the brethren to speak my Lord again in the said mater. The Commission appoynt James Ogilvie if he go North to James Ogilvie. conferre with Mr. John Robertson, minister at Dundy, Mr. Sylvester Lambie, minister at Glames, and Mr. William Rate, minister at Brechin, and that he carie himself everie way as it becomes one in his condition. Eodem die, post meridiem. Sederunt .-—Ministers. — Mr. Robert Douglas, Moderator : Mr. William Colvill: Mr. William Bennet: Mr. John Oiswald : Mr. William Dalgleish: 74 PROCEEDINGS OF COMxMISSION [23 SEP. Act concerning Sir John Smyths satis- faction. Remonstrance concerning Argyll. Ansuer to the Commissioners at London. Mr. Patrick Colvill: Mr. Patrick Flemyng: Mr, Andro Cant: Mr. John Moncreiff : Mr. Alexander Balfour : Mr. Johne Dalyell : Mr. Ritchard Dickson : Mr. Robert Traill : Mr. Johne Weir : Mr. Allan Fergusson : Mr. David Dickson: Mr. John Moncreiff: Mr. James Guthrie: Mr. John Hamilton : Mr. Robert Eliot : Mr. Alexander Somervell : Mr. James Nasmith : Mr. John Knox : Mr. James Flemyng : Mr. Robert Ramsay : Mr. James Nasmith : Mr. David Auchterlony : Mr. Robert Lightoun : Mr. W illiam Adair : Mr. Thomas Donaldson : Mr. Thomas Wilkie. Elders. — Buckcleugh : Balmerinoch : Maister of Yester : Lord Craighall ; Laird Cesnock ; Laird Dudingstoun ; Laird Libbertoun : Laird Arnistoun : James Roughhead : Lawrence Henryson: George Porterfeild : Thomas Paterson. The Commissioners of the Generall Assemblie having con- sidered the mater concerning Sir Johne Smyth, Lord Pro vest of Edinburgh, referred unto them by the late Assembly, and having this day heard himself, personallie present, acknowledge his sorrow and greiff of heart for his accession to the publishing of James Grahames proclamations, to that letter sent to Lodovick Lyndsay and James Ogilvy, and to the receiving a protection for the town, and for his other failings in that kind in the houre of tentation from a prevailing suord and a rageing pestilence : As also perceiving his sense of the provocation of God by these his offences, with his humble submission of him- selfe to what censure should be enjoyned for the same ; Therfor that the publik scandall therof may be removed, the Commis- sion appoynts him to acknowledge humblie upon his knees his said offences tomorrow, the 24 of this instant, in the East Kirk of Edinburgh, in his own seat after sermon. The Commission appoynts the Clerk to cause print the Remonstrance concerning Argyll as soon as the ansuer therof shall be obtained from the Committee, together with their Lordships ansuer given therunto. The Commission appoynts the ansuer following to be sent to the Commissioners at London with diligence : — ' Right hoxourablll and dearlie beloved brethren : — As we blesse the Lord who lies put yow in his service, and of quhom yow have obtained mercie to be accompted faithfull, so we can not but acknowledge your watchfulness and diligence to giue both unto the General Assembly and us an exact accompt of your proceedings at all occasions. And we do not question but according to your former zeale yow will continue to acquite yourselves with all integrity and care in the place quhair yow ar for promoving the work of Reformation and 23 SEP.] OF GENERAL ASSEMBLY, 1646 75 Vniformity in all seasonable and fair wayes. Albeit as yet we have not attained the hight of our hopes and desires in that work, yet we wer more then ingrate if we should not acknow- ledge the great things which the Lord lies done in making so many mountaines plaines, and crooked things straight, and laying so fair a foundation for a more perfect building. For the particulars quhairin yow craue our judgment, we do not think that so much weight is to be laid upon the want of a full vniformity in religion betuixt the kingdomes, or upon the present differences concerning it, as that the so much desired peace should be therby hindered, or a quarrell betuixt the kingdomes founded thereupon. Neither in the poynt of conscience and Covenant is the perfyting of the vniformity in religion to be stood upon, as a condition, without which our army shall not remove out of that kingdome, and consequently without which there shall be no peace. We do conceive it encumbent unto yow and us both in this nick of tyme seriouslie to studie and endevour the preservation of the vnion betuixt the kingdomes, that the bond of our Covenant may be keept inviolable, as that which is most necessarie for the safety of both kingdomes and of religion therin. Our eyes wer so much upon this at our last meeting that quhen the Committee of Estates wes pleased to communicat unto us some articles for pressing the work of vniformity, that for our satisfaction we did desire a conference with some of their number ; after the hear- ing of quhom we did humblie offer unto the Committee itself a paper, quhairin we professe ourselves to rest satisfied upon the meaning of these articles, as they wer laid open to ws in that meeting. A coppie of this paper we have herewith sent unto yow, by which yow will perceive how circumspect and tender we stryve to be in all things, that may be grounds of jealousie or feare in this poynt of so high concernment. We shall trouble yow no farther at this tyme, but desire the Lord, quhom yow serue, so to blesse yow and your paines that his pleasour may prosper in your hands, and that we and yow both may sie and enjoy the fruit of the travell of your soules, unto your own encouragment and the comfort of Your affectioned and deir brethren, Edinburgh, The COMMISSIONERS OF 23 September 1640. the Generall Assembly. 76 PROCEEDINGS OF COMMISSION [9 NOV. ' Postscript, — We received a letter from the Synod of Argyle bearing the danger that threatens religion and the work of Reformation in this Hand from the purposes and practises of the rebellis there, which we took so farre into consideration as to present a Remonstrance concerning it to the Committee of Estates ; a copie of both we have sent unto vow ; and thinks iitt that in relation therto vow should desire the Commis- sioners of this kingdom with vow, to deale seriously with the Parliament, to do what may be most conduceable for prevent- ing both their own danger and ours. For the Committees answer — their Lordships ar to give it with diligence, and so soone as it shall be obtained the clerk is to send a coppy of it unto yow. 1 Direct: To their reverend brethren the Commissioners for the Kirk of Scotland at London, These. Earie Seafort. Concerning the petition of the Earle of Seafort this day pre- sented, the Commission of Assembly finds, that they cannot change their former judgment concerning the petitioner, given upon the 18th of this instant, and therfor remits his stay heir and his sroin£ hence to himself ; and for ministers to conferre with him they have already resolved therupon on the 19 of this instant, which resolution they appoynt to be given unto him. Edinburgh. 9 November lb'4-fj. Lodovick Gor- This day Mr. Robert Ferquhard gave in to the Clerk, Lodo- dons Renuncia- v i c k Gordon, sone of Sir Robert Gordon, his renunciation of tion of Seaforts . ' 7 Band. Seaforts band to be put upon record according to the ordi- nance of the 20 day of August last, tenor of which followes : — 4 Whereas I amongst diverse others of greater age and abili- ties and more experienced in affairs then myself have sub- scribed the Earle of Seafort his unhappie Remonstrance, think- ing therby that I did nothing either against our Nationall Covenant and League, or to offend either the Church or Estates of this kingdome, such wes my miserable ignorance ; yet finding now that it hath proven contrary to my intention, I do heirby declare that I am heartily sorie for what I have done, and do really disclaime the said unhappie Remonstrance ; and shall stryve and endevour by God his grace to walk more warely and circumspectly in all tyme coming ; Submitting 1 1 xov.] OF GENERAL ASSEMBLY, 1646 77 myself heirin to the favour of the Generall Assembly of the Church of this kingdome, or their Commissioners, earnestly intreating them to pardon my offence in this escape. In witness of this my unfained repentance for and detestation of my deplorable escape and earnest entreaty for pardon therof, first at the hands of God, and then at his Church, whom I have offended, I have subscribed these presents with my hand the ffyft of November 1646, before thir witnesses, Mr. Robert Farquhar, late provest of Aberden, and Patrick Dun, his ser- vitor. Sub tur , Lodouick Gordon, Patrick Di ne, witnes, Mr. Robert Farquhar, witness Edinburgh, 11 November 1646, post meridiem. Ministers. — Mr. Robert Douglas : Mr. William Bennet : Mr. William Dalgleische : Mr. Robert Ker : Mr. Adam Penman : Mr. Robert Eliot : Mr. William Colvill : Mr. John Adamson : Mr. David Calderwood : Mr. John Knox at Dalkeith: Mr. John Hay: Mr. Walter Greg: Mr. George Thomson : Mr. Patrick Gillaspie : Mr. Samuell Oustean : Mr. Johne Xevay : Mr. John Hamilton : Mr. Johne Lyndsay : Mr. Johne Robieson : Mr. Robert Traill : Mr. Johne Oiswald : Mr. John Mon- creiff: Mr. John Knox at Selkirk: Mr. John Leirmont : Mr. Patrick Colvill : Mr. Alexander Turnbull : Mr. Johne Weir : Mr. Andro Cant: Mr. David Dickson : Mr. Thomas Donaldson. Elders. — Lord Marques Argyll : Earle Craufurd Lyndsay : Earle Glencairne : Earle Cassillis : Earie Tullibardin : Earle Lanerk : Lord Angus : Lord Burghlie : Lord Balmerinoch : Maister of Yester : Lord Waristoun : Lord Craighall : Laird Lammingtoun : Laird Garthland : Laird Clerkingtoun : Laird Cesnok : Laird Blacader : Laird Libbertoun : Laird Dudingstoun : Laird Glanderstoun : Laird Colbrandspeth : Laird Wodderlie : Laird Brodie : George Porterfeild : George Gairdin : Lawrence Henderson : Johne Sempill : Johne Kennedy. This day, in respect of the absence of Mr. Robert Blair, Election, Moderator of the Commission, a list was made for choosing a Douglas, moderator, viz., Messrs. Robert Douglas, Andro Cant, Johne Moderator. Adamson, Johne Moncreiff ; and the said Mr. Robert Douglas was chosen Moderator for the meeting in all the sessions therof in caice of the said Mr. Robert Blair his absence. This day, my Lord Wariestoun having produced a letter Waristouns from the Commissioners at London of the date of 27 October, Re P° rt « with the papers therin mentioned, and after reading therof, having made a relation of the proceedings of the said Commis- sioners, to which relation the Lord Marques of Argyll and the Lord Balmerinoch did agree respectivly according to their 78 PROCEEDINGS OF COMMISSION [u no v. employments there ; and the Commission also having caused read the speaches delyvered by Wariestoun to the Parliament and Assemblie of Divines : Therfor thinks that the saidis Com- missioners entrusted by the Assemblie deserve many thanks (which the Moderator is to deliver to the Lord Marques, Bal- merinoch, and Waristoun for themselves and remanent Com- missioners) for their great paines, travels, and diligence, remit- ing the dew examination of the particulars to the Generall Assembly : Ordaining also that the said speeches be put upon record, and that the Lord Waristoun deliver coppies thereof to the Clerk for that effect. Followes the said letter and the papers therein mentioned: — Letter from the ' Reverexd and kf.loved brethrex, — Vnderstanding of a at 0 L<^don nerS more solemne meeting of yours in the begining of the next moneth (although the Lord Waristoun, lately gone from us, can and will informe yow sufficiently of the condition of affaires heir, yet) we held it our duety to give yow some additionall accompt, beside what we wrote before ; still remitting to him a more particular information. We have prepared a paper (the copie quhairof we herewith send unto yow), containing our desires of what is yet wanting in the poynt of reformation, which is to be given in at the first convenient occasion to the Grand Committee (appoynted to treat with us), and from them to be transmitted to both Houses of Parliament and to the Assembly. The Confession of Faith is not yet perfected by the Assem- blie, neither is there any more of it yet sent up to the Parlia- ment but 19 chapters, concerning which an order wes sent to the Assemblie, which occasioned a petition of theirs, wherupon another order wes sent unto them. The copies of all three yee will herewith receive, together with the late ordinance con- cerning the Prelats and their lands. 1 We supposed we had sent before the Remonstrance of the dissenting brethren concerning their declyning to deliver in their modell of Church Government, and the Assemblies ansuer 1 These two Orders of the House of Commons are given in the printed Minutes of the Westminster Assembly, pp. 294-5 > a ^ so m tne Journals of the House of Commons, vol. iv. pp. 688, 692. The petition here referred to has not been inserted either in the Minutes of the Assembly or the Journals of the Com- mons, and we are indebted for our knowledge of its contents to these Records of the Commission. The Ordinance is given in the Lords' Jotirnals, vol. viii. p. 515. 1 1 Nov.] OF GENERAL ASSEMBLY, 1646 79 tberunto 1 but upon a review we find they wer not sent, wherfor we send both these unto yow at this tyme. A part of the Catechisme is agreed upon in the Assemblie ; the rest of it lyeth aside till the Confession of Faith be finished. The House of Commons hath made some progresse in the ordinance for suppressing and punishing of those that maintain and pub- lish haeresies and other errouris destructive to the peace of the Church ; but it is not yet finished. In the citie of London all the classes ar not yet erected, but some are, which have also mett and ordained diverse ministers. This is all we have to communicat for the present, and so, desiring your prayers and directions what yow shall further think fitt, we rest, Sub* ur , Your loving brethern, Loudoun, Samtjell Ruthereurd, Worcester House, Lauderdaill, Robert Baillie, 27th of October 1646. G FO< GrlLLASPIE. 1 Direct : For the right reverend the Commissioners of the Generall Assembly of the Kirk of Scotland. 6 As the other Reformed Churches have beine much comforted Paper given by with the hopefull beginnings and some happie progresse of a sionS™™ 1S ~ glorious Reformation of religion in this kingdome, so especially Q°"nd co° the the Church of Scotland (which is more neerly concerned, and raittee. must needs expect to partake more then other Churches of the good or evill which shall here take root), hath greatly rejoyced and given thanks to God for so great a mercie. Neverthelesse they ar also myndfull of the vowes of God, which ar upon all the thrie kingdomes, to endeavour such a reformation of religion in the kingdome of England and Ireland, in doctrine, worship, discipline, and government, as is according to the Word of God and the example of the best Reformed Churches, and to endevour the neerest vniformity in all these between the Churches of God in the thrie kingdomes, together with the extirpation of haeresy and schisme ; lest partaking in other mens sins they be in danger to receive of their plagues : which things they did not oblige themselves to endeavour for a tyme, but constantly, till they be obtained. Wherfor, in pursuance of the ends of the Covenant, and in discharge of that trust 1 Both were published in 1645-6, and are reprinted in Hanbury's Historical Memorials relating to the Independents, vol. iii. pp. 2-33. 80 PROCEEDINGS OF COMMISSION [n NOV. which is committed to us, as likwise that some further account may be given by us to the Parliament of Scotland, and to a solemne meeting of the Commissioners of the Generall Assembly at Edinburgh (both being to meet shortly), we have taken this occasion (without the least presumeing to prescribe any wayes, or to impose any conditions), to renew our most earnest desires to the honourabill Houses of Parliament, and to the reverend Assembly of Divines for their part, that all possible care may be taken, and greater diligence used, to expedite the begun Reformation and Vniformity, to supplie and make up those parts that ar yet wanting, and to put on and make eff'ectuall what is already agreed upon. More particularly we doe desire that the Confession of Faith and Catechisme may be perfected and established, that course may be taken for the better observing of the Directory of Worship, which is in many places either wholly or in diverse materiall poynts neglected ; that the censure of excommunication, and some other things belonging to Church Government, contained in the advice of the Assemblie of Divines to both Houses, but not yet settled by Ordinances of Parliament, may be taken into consideration, and the resolution of the honourabill Houses may be knowne therupon ; and that in the meanwhile (as well before as after the setling of Church Government), the civill power may (ac- cording to the Word of God and the example of the best Magistrats both of old and of late), proceed to the suppressing of those scandalous books, doctrines, or practices which ar destruc- tive to the Christian faith, the power of godlynes, or the peace of the Church ; there being nothing more pernicious both to Church and State then the leaving of all men to an autonomy in religion. For, although it be farre from our thoughts to be so rigid as by intention, counsell, or suggestion to be accessory to the persecuting or troubling of pious and peaceable men, who, through scruple of conscience, cannot in all things come up to the common rule in poynt of Church Government ; and, as it never wes, so it is not our purpose to make any impedi- ment to the favouring or forbearing of such, so farre as mav agree with the Word of God, stand with the publik peace, and not be destructive to the order and government of the Church; yet we cannot choose but againe represent the extreame necessity that some speedy and effectuall remedy may be ii NOV.] OF GENERAL ASSEMBLY, 1646 81 provided for cureing the present and preventing the future infection of pernicious errouris and hseresies, which multiplie, grow, and spread daylie more and more, to the great dishonour of God, to the shaking of the verie foundations of the Christian faith, to the seduceing and destroying of many poore soules, to the hardening and strengthening of the common enemy, to the renting and divyding of Church and State, to the scandalizing of the Reformed Churches, and to the disappoynting of the ends of the Covenant. So that it is now high tyme to purge out (we can not say a little leaven, but) that which hath alreadie leavened a great part of the lump. We do therfor pray and trust that God will so direct the counsels and prosper the endevours of the honourabill Houses of Parliament for the reformation of religion and the peace of the Church, that their care and zeale may appear to be greater for the things of Christ than for their own things, to the glorie of God and of his Sonne Jesus Christ, the only Head and King of his Church, to the strenthening of the hearts and hands of their freends, and to the stopping of the mouths of their adversaries. The particulars above expressed we offer to this honourabill and reverend Committee, to be presented to the honourabill Houses of Parliament, whose resolution and ansuere therin we earnestlie desire, not only for our owne exoneration, but that we may seasonably give an account of our proceedings to those who have intrusted us, and do expect a further account from us, but also for the comfort and encouragment of the Church and kingdome of Scotland, and of the Scottish army, whose departur out of this kingdome within a short tyme, as it is really intended by themselves, so it will be the more comfort- able and cheerefull if now, after all their paines, hazards, and sufferings, they shall know of a farther progresse in that which chiefly engaged them in this cause.' 6 To THE HONOURABILL HOUSE OF COMMONS IN PARLIAMENT Coppie of the assembled. — The Assemblie of Divines having received an Assembiyof 16 order from this honourabill House, bearing date the 9th of 2™"| s J® tUe October, that five hundreth copies of the Advice of the Commons in Assembly of Divines concerning part of a Confession of Faith, 0^9° ^ brought into this House, and no more, be forthwith printed for October 1646. F 82 PROCEEDINGS OF COMMISSION [u NOV. the use of the members of both Houses only, and that the Divines be desired to put in the margent the proofs out of Seriptur to continue what they have offered to the House, in such places as they shall think most necessarie ; Do humblie represent that they ar willing and readie to obey that order. Nevertheles they humblie desire this honourabill House to con- sider that the reason why the Assembly have not annexed any texts of Seriptur to the severall branches of the Confession which ar sent up, wer, not only because the former Articles of the Church of England have not any, but principally because the Confession, being large, and as we conceive, requisit so to be, to setle the orthodox doctrine according to the Word of God and the Confession of the best Reformed Churches, so as to meet with common errouris, if the Scripturs should have bene alleadged with any cleirnesse to shew where the strength of the proofe lyes, it would have required a volume. As also because the most of the particulars, being received trueths among all Churches, there was seldome any debate about the treuth or falshood of any article or clause, but rather about the maner of expression or the fitnesse to have it put into the Confession. Wherupon, quhen there wer any texts debated in the Assembly, they wer never put to the vote, and therfor evrie text now to be annexed must be not only debated, but also voted in the Assembly ; and it is frie for evrie one to offer what texts he thinks fitt to be debated, and to vrge the annexing of scriptures to such or such a branch as he thinks necessary, which is lyk to be a work of great lenth. So that we humblie conceive if it be the pleasure of this honourabill House that we should annexe scriptures, it is not possible that we should foorthwith proceed to the printing of the Confession.'' 1 Followis the tenor of the said speeches : — 4 Mr. Proloquutor, my sicknes hath retarded the delivery of this letter. I shall be loath to interrupt long your serious debates about other affairs ; but since it is in obedience to their comands, who wrote the letter, I shall for a litle space crave your patience. 1 A second order for printing these 19 chapters of the Confession was given on 23d October, and they were printed forthwith. 1 1 nov ] OF GENERAL ASSEMBLY, 1646 83 Your letter of the 15th of Januar directed unto the Com- Lor 4 mission of the Generall Assemblie of the Church of Scotland, speach to the wes so full of resolution and confidence to carrie through the Div?nes ly ° f work of God against all difficulties on all hands, and so full of expressions of hearty love and respect unto them, and came so seasonablie unto them to be communicated to the Estates of Parliament in the very tyme quhen they wer exceedingly grieved to heare of the increase of sects and of great endevours for tolleration therof within this kingdome, as also of many base calumnies invented and vented by unknoun authors against that kingdome, their armies, and Commissioners, to raise jealousies and disaffections betueen the kingdomes ; so that nothing could have bene more seasonable and comfortable unto them to revive and refresh them in so sadd a tyme then your letter of the 15th of Januar. Sir, I can assure yow this their returne is not in ane com- plimentall or customary way of ansuering affectionat expressions with the like, but did proceed from their reall sence and lyvely apprehension of the great assistance wherwith the Lord hes furnished and countenanced this Assembly in their debates and results, quhairby they have obtained in the hearts of the Church of Scotland ane high place and great esteem, which the Com- missioners of the Generall Assembly, in their own meeting, in their conferences with the Estates of Parliament, in their preachings, and in their prayers, and at all occasions testefied, and with all expressed their great confidence that the Author of this work, who hath called and assisted yow hitherto, will perfect and prosper this his work even in your hands. They ar not ignorant of your difficulties, and as they pray earnestly unto God, who hes most interesse in the erection of the thron of his Sonne, to remove all mountaines and obstruc- tions out of your way, so they desire at all occasions to testefie their consent, and contribute their testimony to encourage your hearts and strengthen your hands, that ye may go on with cheerfulnesse and without wearying to the end of the work. They shew yow in their letter the summ of their desires and designes, and both Church and State in that land have often even of late, since their great troubles, declared before God and man that the setling of religion, the establishing of 84 PROCEEDINGS OF COMMISSION [n Nov. vniformity between the Churches, and the continuing the brotherly correspondence and vnity betueen these kingdomes to be their chieffe and choisest demands, upon the grant quhairof they ar verie hopefull of the Lords inclyning all mens minds to an happie agreement of all other differences, and without the establishing of these they cannot prognosticat nor expect any solid peace or prosperitie to these kingdomes. The reason is cleare, for they conceive those to be Gods designes and interests in these kingdomes, and they can never be per- suaded that these commotions were raised or continued by Gods providence for civill ends and interest of parties, man, or men, or that these commotions will be calmed and finallie setled, until Gods designes for his Sone, his Church and cause, be first accomplished. They presse the lesse upon yow the poynt of vniformity because they know ye have past the most important and difficult parts therof, and so will continue with all diligence to perfyte what remains. But becaus the stoppe lyes at the honourable Houses, they have pressed it by three severall letters, directed unto them, since the dounsitting of our Parliament. They wryt more concerning the vnion and brotherly correspon- dence betueen the nations, because they perceive of late more endevours against it nor ever of before. Truely, Sir, the scandalous papers and slandering letters of unknown authors wes verie grievous to all honest men in Scotland, who might and did, with Reuben, Gad, and Manasseh, attest the Lord God of Gods, the Covenanted God of this Island, that he knew, and Israel might know, that never such an imagination did enter in their thoughts. And therfor the Committee of the Estates of Scotland have written a full and free letter to the Honourable Houses that if any of that kingdome, or in their armie, or any of the Commissioners, had kept any correspondencie with the enemy at all, or any dealing with any other State, to the prejudice of this cause and vnity between the kingdomes, they do therin promise a reall demon- stration of their justice by the exemplarie punishment of so haynous delinquents ; but withall expecting from the honour- able Houses, in this case where the informations ar so mani- festly false, ane exact searching out and condigne punishing of ii Nov.] OF GENERAL ASSEMBLY, 1646 85 these incendiaries who, by the inventing of so basse calumnies, endevour to sow division betueen brethren. I have beine these four moneths in Scotland, and had the honour to be present in the judicatories of that Church and State, and so may with the greater confidence and truth averr that there is no designe, contryvance, nor project in them to breed or foment the smallest difference betueen the kingdomes, much lesse to countenance or harbour any such divisive or dangerous motions as ar mentioned in these papers. I have tryed and found the like in the officers of our army, who have writtin a full and free letter to the Parliament, which I am confident will give satisfaction to any that shall read it. Let us give and receive mutuall and brotherly satisfaction in all mistakes. Let vis all pray, speake, and doe our utmost for the continuance of the happie conjunction of the counsels and courses of both kingdomes in the prosecution of this work, for therin, under God, lyeth their strength, their wisdome, and their solid peace and prosperity. Sir, wee have all acknouledged often in our declarationes to the world, in our actions, and in our prayers unto God, that the Lord had joyned these tuo nations, as the tuo sticks of Judah and Israel, in his own hand. Wee have all passed betueen the parts of the calfe, and know what he hath foretold should be said by the subsequent generations concerning the nation that should be forgetfull of their Covenant and guilty of the breach therof. If we had beine joyned in a common providence be civill bonds and relations for humane interest and ends, incen- diaries might have had hope to effectuat their designes. But seing in so special a way, by so sacred bonds, for so religious ends, God with his own hand hath cast the knott, and fastned these nations together, we ar confident that all the machina- tions of men and devills shall not be able to separate whom God hes joyned, and hath so joyned in himselfe, for himselfe, be himselfe, and to himselfe, that certainly this is Vnionum vxio ix deo. We ar in this confidence the more confermed that we haue God himself as one of the partyes-contracters and Covenanter with us, that his name shall be one through this Island, and that we shall love and live as brethren, serving this his great name, and transmitt the same affections and desires to the generations that shall come after us. 1 86 PROCEEDINGS OF COMMISSION [u Nov. Lord Waristons 6 My Lords axd Gentlemen, — We ar now come to debate Sh^ment^of upon the proposition of religion which containeth quod maodme deeming the ^ c ^sarmm^ if not vnum, and wherin Christ, these tuo king- propositions for doms joyntly, and evrie one of them apart, is most concerned. Christ lies most interes in the pursuance of that article of our Covenant which is not only in his name, as all the rest ar, but also for his name, his croun, throne and scepter ; and as it is the first article of our Covenant amongst the sevin, like the first day of the week amongst the seavin, dedicat to himself in a peculiar maner, so, as Christs article, it clames from us most exact performance. The tuo kingdoms ar most concerned, as both of them have often acknowledged their happynes and their vnion to depend therupon. I need not cite our Declarations, but only tuo passages of the Declaration of the honourable Houses sent to the Church of Scotland, 1 pag. 601, — That they have ever made it their chiefest aime, the reformation of Church discipline; and that as the samyne is the greatest honour and service that God receiveth from his people, so they with their brethren acknou- ledge it to be the most powerfull meane to preserve the truth and purity of the reformed religion from Popry, sects and haeresies, and to unite the more firmly and closely the tuo Churches and nations, and to be the surest foundation of glory, strenth and happynes which God bestowes upon any nation. And pag. 604, 605, they desire us to send some divines to the Assemblie here, wherby an vniformity of Church Government may be obtained, and therby an easie passage to setle one Confession, one Directory, and one Catechisme in all the thrie kingdoms, which, through Gods blessings, would most advance the honour and service of God, enlarge the greatnesse, power, and glory of the King, confirme the peace, prosperity, and security of his kingdomes, and tend to the relieff of the afflicted churches abroad, and to the rwin of Antichrist. We ar in a particular maner concerned by covenant, by treaty, by lossing our peace and hasarding our life for it, by your Lord- ships requiring our consent to this proposition, and lastly, by our mutuall brotherly interest, wherby we sink or swime, stand 1 Collection of Remonstrances, Declarations, &c. Husband, London, 1643. The Scots Declaration is given on pp. 595-600. 1 1 Nov.] OF GENERAL ASSEMBLY, 1646 87 or fall together, and therfor let none think we ar curious in Eeclesia aid Republica aliena when we debate upon this pro- position. For we ar bound by Covenant, — 1. To endevour the reformation of religion in England and Irland in doctrin, worship, discipline, and government, according to the Word of God and the example of the best Reformed Churches, even as your Lordships ar bound to endevour the preservation of the reformed religion in the Church of Scotland in doctrin, worship, discipline, and govern- ment against our common enemyis. 2. We ar bound to endevour the preservation of our own, and so whatsoever is necessary therunto. But not only the kingdome of Scotland in their papers and Remonstrances in the yeir 1641, and the Generall Assembly, Commissioners of the Kirk, Lords of Secreit Counsell, and Conservers of the Peace, in their severall papers unto this kingdom, have declared the impossibility to preserve theirs in peace without the reforma- tion of this Church and the Government therof ; but also the honourable Houses of Parliament in their declarations acknou- ledge the samyn, and that one and the same fate attended both kingdoms in maters of Religion and Church Government, and that quhatsoever corruptions should remain in England will quickly spread their venome and infection to the neighbour Church of Scotland. And upon this verie ground, and upon the assurance of the tuo Houses fullie concurring with us in these pious intentions, as their commissioners in their papers expressed to us ; and that the Houses had fully declared that the true state and cause of this quarrell wes for religion, in reformation quhairof they wer so forward and zealous, as that nothing wes expressed in our former or later Declarations which they had not seriously taken to heart and sinceirly endevoured to effect, that so the tuo kingdoms may be brought to a neere conjunction in one forme of Church Government, one Directory and Confession, and one Catechisme ; and as the most effectuall and ready means therunto, they craved a stricter league with us, and our assistance of them, which upon this verie ground we did grant. And therfor, albeit all the world knoweth the great ground of our engagement wes for religion, yet we have no article or proposition to seek of the King for our religion, ScS PROCEEDINGS OF COMMISSION [u NOV. hut onlv this proposition in debate, for the setling of your reformation in a way of vniformity as the security of ours ; which bringeth in the third part of the first article of the Covenant, laving a new obligation on us, and giving us a new interest by our promise and duety to endevour the neirest conjunction and vniformity. that we and our posterity after us may live as brethren in faith and love. The treatie is in pursuance of these ends, and our assistance and the hazarding of our lives is conforme therto, and our assent which is craved to this proposition in general! termes must be ruled by our conscience, and our conscience by our Covenant, wherby we ar bound sinceirly, reallie, and constantly in our vocation (and so as Commissioners of that Church and State for debateing and agreeing the propositions) to endevour it and give our judgment theranent, as that which falleth under the articles of the Covenant, ends of the Treaty, proposi- tions of peace: That which yow desired us to engage for, and judge of as necessarie for us, and so necessary as to ware our lives for it, we have farre more reason to plead for it and interest to judge anent it. But laying these aside, is not our mutuall brotherly interest sufficient for brethren borne in one Hand, sworne by one Covenant, to forwarne one another of their sinne and danger ? Shall we see a flee in your cuppe, poyson in your pott, a worme in the gourd of your happie successe and prosperity, and be silent ; will we not smart with yow for it ? Why shall there be wrath on the Hand ? Let all in the House of God be done according to the will of God, and take what we speake with freedome as from conscience and common interest, and not from presunption, incroatching or intermedd- ling in Republlca alicna. Yow assured the kingdome of Scotland in your Declarations sent unto them of tuo things especially : — 1. That the enemies designes wes to subvert religion and the government of the State ; c 2. That your designes and desires wer to reform religion as most agreeable to the Word of God and neerest to the Reformed Churches, and to setle a more firme and close vnion between the nations, and to preserve and nowayes to diminish the Kings just power and authority. Wpon tuo solide grounds these wer declared and vrged in verie many declarations sent 1 1 Nov.] OF GENERAL ASSEMBLY, 1646 89 unto us (wherof I shall specify the particulars whensoever yow require) both to keep that nation from joyning with the King who charged vow with the contrary intentions, and to engage them with and for yow. By our beleeving these declarations ve obteined both your desires. We have heartily concurred in the warre, and we hope in the close therof ye will do nothing to make us repent it. Wheras it wes insinuated by one in the last dayes debate upon another subject that these declara- tions were occasionall and alterable at the arbitrament of the Houses, we desire your Lordships to remember that yow told us yow would live and dye in that quarrell ; that upon these grounds yow invited and engaged us in the quarrell, that yow declared the same to other nations, that yow conjured all who had Christianity or charity to believe yow, that many tymes yow attested the name of God to the truth of your expressions and sincerity of these your intentions, that yow declared this wes the greatest obligation that a Christian, and most solemne and publik faith that a State or Parliament could give, that no Christian or brother could misbeleeve a Parliament, so declaring, so protesting, and so swearing, that yow made these declarations to deceive none but to undeceive all men, least they should be ensnared by the contrary aspersions ; and that if these who wer formerly emitted by the honourable Houses shall not be trusted nor rested on, how shall the present or subsequent declarations which can be of no greater authority, nor made with greater asseveration, be hereafter credited or relyed upon ? So that I cannot beleeve that ever the wisdome, piety, loyalty, integrity, faithfulnes, and policie of the honour- able Houses will ever suffer them to heare from any of their members, or admitt of such heterodox doctrin of an arbitrary alterability of so reall duetyis, founded on such deep founda- tions in relation to God, this Church and State, and vnion of the kingdomes, and so solemne declarations backed by attesta- tions and oaths, upon any motives whatsoever of new successes or interests or ends, which ar the worst interpreters in the world of former covenants, treaties and duetyes not to be admitted amongst Christians, let be covenanting brethren, amongst quhom honesty and sincerity will hold out to the long runne, where subtilty, nimblnes, and Machievellian policie 90 PROCEEDINGS OF COMMISSION [u Nov. will fail in the midle, and will be blasted insteed of a blessing from the Author of this Cause. In honest simplicity we beleeved those things, and still we expect from the faith fumes of the Parliament the performance thereof, and persuade ourselves they will never let this Cove- nant, Treaty, and warre engaged for these ends ; reformation and vniformity of religion, the honour, happynes, authority of his Majestie and his posterity, the neerer vnion of these king- doms, and the publik safety, liberty, and peace of these king- domes (which cannot have the beeing, let be the well beeing of kingdomes, let be of vnite kingdoms, without preservation of the Crowne, nor the Croun continue a Crowne without the suord and scepter) thus end in a disconformity and in a con- fusion of all religions, in a disjoyning of former bonds of vnion betueen the nations, setled in the large Treaty, in so great a diminution of the Kings authority, and dissolution of the antient government of the kingdome and confusion of the State. I can not believe that they will give way to it, and least of all, that God will permitt this most glorious work to have so strange a close. But leaving all these declarations, let us returne to our Covenant, wherof wee beginne the preamble, by and attoure the title, with an attestation of having before our eyes the advancement of the kingdome of our Lord and Saviour Jesus Christ, and we end the Covenant with the clause of the enlargement of the kingdome of Jesus Christ, as the principall effect of our Covenant, and we article the setling of religion in Doctrin, Disciplin, Worship, and Government, and taking away haeresies and schismes in the first and secund article, as ansuering to that ground and ayme before our eyes, and produceing that effect, and so as founded on and tending to the advancement of the Crowne of Christ, according to our daylie prayer, Let thy kingdome come. Even as to the other aimes, and for the other effects relative to the King or king- doms, other articles are conceived, wherin I am the more con- firmed by the rule agreed upon, According to the Word of God, which is not to be understood there negative, as not con- trary to the Word and the example of the Reformed Churches, but ciffirmative, as agreeable, yea, most agreeable to the Word of God, and example of the Reformed Churches, which is the ii NOV.] OF GENERAL ASSEMBLY, 1646 m most frequent expression in all the Parliaments declarations to Scotland, especially these sent by their Commissioners, with this addition in the letter of the Assembly of Divines sent by order of the Houses, That so to the utmost of our power we may exalt him that is the only Lord over his Church, his own house, in all his offices, and present this Church as a chast virgine (I hope not to be violented by any civill Commissioners or appareld with civill intermixtures) unto Christ ; all which imports the government of his Church to depend upon his royall office, whereunto we desire to vaill the cape, least we be amongst the number of those who will not have Christ to raigne over them, for that is Theomachy, and the worst kynd of Monochomachy. In the title, in the preamble, in the methode of the articles and in the conclusion of the Covenant, wee subjoyne the happynes of King and kingdoms to that enlargement of the kingdome of Christ, as following therupon and caused therby. And the Declarations from the Church of Scotland long since told vow, that unlesse Christ his interest wer setled, whatso- ever successe yow might have, yet a durable and solide peace wes not to be expected. Yow have sein King Charles dashe his idolized prerogative against that stone, that corner-stone of Christs crowne, and God hes brought it low, according to the prediction of many of his servants. As yow love Christ, as yow love yourselves, as yow love us who have hazarded all for yow, dashe not your prosperity, your successes, your previledges against the same, for it will dashe them all in peeces. He hes enlarged our rights ; let us not straiten his tabernacles. Hee can be a moth who hes been a lyon. We may take latitude to cutt or carve upon our own things, but not upon his interests. And your Lordships, going upon grounds of conveniency and humane constitutions, hes a greater liberty in this debate to come to us, then wee, who beleeve the Church Government to be jure divino, established by Christ, the Head and King of his Church, and who goe upon grounds of conscience. Let jus humanum cede to divinum, and conveniency to conscience, and we will soon draw to an end, remembring ay the last clause of our joynt Declaration: — That we have after long and grave con- sultation resolved and decreed never to lay doun armes till truth 92 PROCEEDINGS OF COMMISSION [n NOV. and peace by the blessing of God be setled in this Island upon a firrae foundation for the present and future generations ; which shall be esteemed of us an abundant reward of all that we can do or suffer in this cause. Let Christ have justice according to his right, in this proposition, and we will the sooner agree in the rest, and expect his blessing the more sensibly therupon." Lord Waris- ' Mr. Prolocutor, — I am a stranger, I will not medle with tothe Assembly Parliament priviledges of another nation, nor the breach therof. of Divines in B u t as a Christian under one common Lord, a ruling elder in England, in ' ° ansuertoSir another Church, and a Parliament man in another kingdome, and^thaniei having a commission both from that Church and State, and at Fynes concern- t ne desire of this kingdome assisting to your debats, I intreat ing the breach » t> j ' of priviledge. for your favour and patience now (seing at all tymes I can not attend this reverend meeting according to my desire), to expresse my thoughts of what is before yow. In my judgment that is before yow which concerns Christ and these kingdoms most and above all, and which will be the chiefest mean to end or continew these troubles, and that not only speaking humanitus, and looking to the disposition of these kingdomes, but especially in reguard of divine dispensation, which hes bene so speciall and sensible to the rise and continuance of these commotions, as I can never be persuaded they wer raised, or will be calmed, upon the setling of civile ryghts and privi- ledges, either of King or Parliament, whatsoever may seeme to be our present successe. But I am convinced they have a higher rise, from above, for the highest end, the setling the Crown of Christ in this Island, to be propagat from Island to Continent. Untill King Jesus be set doun on his throne, with his scepter in his hand, I do not expect Gods peace, and so no solide peace from men in those kingdomes ; but that soveraigne truth being established, a durable peace will be found to follow therupon. Sir, let us lay to heart what is before us, a work which con- cerns God and man most of anything in agitation now under the sunne, and for the which we will one day be called to a more strick account nor for any passage of our life. Let us 1 Sic in MS. for Evelyn. For notes of his speech and that of Fiennes or Fynes, see Minnies of Westminster Assembly, pp. 448-457. 1 1 NOV.] OF GENERAL ASSEMBLY, 1646 93 both tremble and rejoyce when our thoughts reflects upon it, as under our debats and now in our hands. I wes glade to heare the Parliament professe their willing- nesse to receive and observe whatsoever shall be shewne from the Word of God to be Christ or his Church their right and due : albeit I wes sorie to see any in the delyverie therof to intermixe any of their own personall asperity, any aspersion upon this Assembly, or reflexion upon another nation. So I believe in this day of law for Christ wherin justice is offered, if he get not right, it will be counted your fault in not shewing his pattent from his Father, and his Church pattent from Him. Sir, all Christians ar bund to give a testimony to evrie truth when they ar called to it, but yee ar the immediat servants of the Most High, Christs prcecones and heralds, whose propper function is to proclame his name, preserve his offices, and assert his rights. Christ lies had many testimonies given to his propheticall and preistly office by the pleading and suffer- ing of his saincts, and in thir letter dayes he seems to require the samyne unto his kingly office. A king loves a testimony to his crowne best of any thing, as that which is tenderest to him ; and confessors or martyres for Christs croune ar the most royall and most stately of any State martyres. For although Christs kingdome be not of this world, and his servants did not fight therefor, when he wes to suffer, yet it is in this world, and for this end wes he borne ; and to this end that we may give a testimony to this truth, amongst others, were wee borne. Nor should we be ashamed of it or deny it, but confesse and avouche it, by pleading, doing, and suffering for it, even in this generation, which seems most to oppose it, and therby require a seasonable testimony. But in a peculiar way it lyeth upon yow, Sir, who hes both your calling from Christ for it, and at this time a particular calling from man. It is that which the honourable Houses requires and expects from yow, especially at such a tyme, when the setlement of religion depends therupon, and when it is the verie contraversie of the tyme, the to Kpivofxevov. And the civill magistrats not onlv calls yow before them to averre the truth therin, but also, to give yow good examples, comes before yow, out of the tendernes of their civile trust and dutie to maintaine the priviledge of 94 PROCEEDINGS OF COMMISSION [u NOV. Parliament by the Covenant, and for respect to vow, to give a testimony assertory of their civile rights and priviledge, and to forewarne yow, least ye break the samen and incurre civile premoniries. Sir, this should teach us to be as tender, zealous, and carefull to assert Christ and his Church their priviledge and right, and to forewarne all, least they endanger their soules by incroatching therupon, and least our omission and remissnes bring eternall premoniries upon us. Let all know that the spirit of your Master is upon yow, and that Christ hes servands who will not only make the pulpits ring with the sound of his pre- rogative, but also, if they shall be called to it, make the flame of their bodies, burning at the staiks for a testimony to it, carrie it aloft through the earth (like that voyce in Sicily), that Christ lives and reigns alone over and in his Church, and will have all done therin according to his Word and will, and that he hes given no supreme headship over his Church to any Pope, King, or Parliament whatsoever. Sir, ye ar often desired to remember the bounds of your commission from man, and not to exceed the samen. I am confident yow will make as much conscience not to be deficient in the discharge of your commission from Christ. But now, Sir, ye have a commission from God and man (for the which ye have reason to thank God and the Parliament), to discusse this truth, that Christ is a King, and hes a kingdome in the externall government of his Church, and that he hes set doun the lawes, and offices, and other substantialls therof. If this be pars evangelii, and part of that kingdome for which to come we daylie pray, as Parker sheweth well, it is evident to me that it is made pars coiifessionis to yow, and that in so speciall a maner as no historie can shew a Christian Church so put to it by the civile Magistrat. Wee must not now before men minch, hold up, conceall, prudentially wave any thing necessary for this testimony. All these would seem to me to be reteerings and fleeings, not to flow from the high spirit of the servants of the Most High, who will not flinch for an houre, nor quyt a hoofe, or edge away an hemme of Christs rob royall. These would seeme effects of desertions, tokens of being ashamed, affrayed, or politikly diverted, yea gradus denegatioms Christi ; and all these, and evrie degree of them, 1 1 Nov.] OF GENERAL ASSEMBLY, 1646 95 Sir, I am confident will be verie farre from the thoughts of evrie one heir, who already by their vots and petitions, accord- ing to their protestation at their entrie have shewn themselves so zealous and forward to give their testimony, albeit they did easily foresee it would not be verie acceptable to powers on the earth. Who would hamper and stampe and half but his ansuer to one that questions if this wer a Parliament, a true, a full, a free one ? Would he not, and should he not, be esteemed a great breaker of priviledge or contemptor curie ? Albeit we be not so wise, yet let us be as tender and zealous in our generation. Truely, Sir, I am confident ye will never be so in love with a peaceable and externall possession of any thing that may be granted to the Church, as to conceale, disclame, or intervert your Masters right. That wer to lose the substance for the circumstance, to disserve and dethrone Christ, to serve your- selves and inthrone others in his place. A tennent doing so to his overlord forfaults all. Who speaks for civill liberties would never so undoe them. Yee ar comandit to be faithfull in litle, but now ye ar called to be faithfull in much. For albeit the salvation of soules be called cura curarum, the well- fare and happynes of the Church made up of these is farre more. But the kingdome of Christ est quid optimum maximum ; and to have it now under your debate, as it is the greatest honour God can bestow upon an Assembly, so it is the greatest danger ; for according now as God shall assist yow or desert yow, yee may and will be the instruments of the greatest good or evill on earth. Let us do all as in, and for, and by Christ, and remember the compt we have to make to him who subjects the standing or falling of his crown in this Island to our debats. I speak humanitus ; for divinitus I know it is im- possible. And albeit we should all prove false or faint hearted, he can and will soone raise up other instruments to assert, publish, and propagat his right through the earth. For seing he has brought his right to a forum contentiosum, he will have it throughly pleaded and judged betuixt his kingdome and the kingdomes of the earth. And as he lies crushed the Churches incroatchings upon the civile magistrat, so he will stope Cesars usurping quae sunt Dei. And seing he lies begun 96 PROCEEDINGS OF COMMISSION [u NOV. to conquere, be will prevaile over all that stand in his way, whether Pops, Kings, or Parliaments, that will clame any thing or part of his headship, supremacie, prerogative, monarchic, over his Church. Sir, some may think ye have had a designe in abstaining so long to assert the divine right of Church Government, and now to come in with it. Truely, Sir, I look on this check as from ane good Providence for your great spairingnes and abstemousno in that poynt, and must beare witnes to many passages of Gods good hand in not suffering us to make a stand of our desires concerning religion, either in Scotland or heire, albeit we have oft set doune mensura voti to ourselves. But he hes as often moved us step for step to trace back our desertions, and made the last innovation a besome to sueepe out the former, and the Kings refusall to be a mean to engage us in Covenant with Himself and others, and so hes drawen us against our wills and beyond our designes to performe our duety and to give a testimony to his truth ; that much of God and his divine wisdom and designes, and litle of man and his politick projects, might be seene in the verie progresse and contrivance of the whole work. By this good hand of God, and for this end, I hope these quaeries 1 are brought to yow at this tyme. Sir, your serving the Parliament a while I am confident hes bene and will be still, not that they may serve yow who hes mmisterium a quo absit dominates, sed cut adsit authoritas, as over us in the Lord, but to serve the Lord Jesus Christ, and that Parliaments will glorie more in their subordination and sub- servance to Him nor in their empire or command over the world. Sir, we may heare much of breache of priveledge and Covenant in relation to civile rights. Let us remember in the Covenant the three ends in the title and preface, three maine duties in the body, and the thrie effects in the close. The Covenant begins with the advancement and ends with the enlargement of the kingdome of Christ, as the substantiall and overword of the whole. The first article of the sevin is Christs article, lyke dies Dominica in the week; all the rest are in Domino and subordinat therunto, et subordinata non pugnant. 1 The famous nine queries left by the deputies of the House of Commons for the Assembly to answer. See A/mutes of Westminster Assembly, pp. 225, 226. ii NOV.] OF GENERAL ASSEMBLY, 1646. 97 And certainlie so judicious and happie, so protesting, covenant- ing, declaring, so doing and suffering a Parliament for reforma- tion, wiH never clame any thing as a civile previledge or right which ye will demonstrat to be propper to Christs kingdom as distinct from the kingdoms of the earth, or do any thing prejudiciall or dirogatory therunto. All lawes contrare to the will of Christ ar acknouledged to be voyd, and with farre greater reason then the Constables orders against the ordinance of Parliament ar voyd in law. But, Sir, Christs throne is highest, and his priviledge supreme, as only Head and King of his Church, albeit kings and magistrats may be members in it. There is no authority to be ballanced with this, nor post to be set up against his post, nor the altar of Damascus against his altar, nor strange fire against his fire, nor Corahs to be allowed against his Aarons, nor Vzziahs against his Azariahs. Is it so small a thing to have the suorde that they must have the keyes also ? Quae Deus sejunocit homo ne jungat. And truely, Sir, I am confident Parliament, citty, country, both nations, will acknouledge themselves ingaged under and to this authority. And as they would not be drawne from it, for wee must deny our peace, take up our crosse, lay aside our love to father and mother, naturall or civile, yea, lay doun our lyves for to averre and confesse this truth against all allurements and terrours ; so ye will never endevour to draw us to any other authority. And whatsoever reflection to the contrary wes insinuat by the delyverer of the message, I can not but imput it to personall passion, which long ago is knowne to the world, but will never beleeve the honourable House would allow therof as farre beneath their wisdome and contrare to your merite. And now, Sir, seing the quaeries are before yow, I am con- fident that whatsoever diversity of opinions may be amongst yow in any particular, yee will all look and hold out the maine, Christs kingdome distinct from the kingdomes of the earth, and that he hes and might appoynt the government of his own house, and should rule the samen ; and that none of this Assembly, even for the gaining their desires in all the poynts of difference, would, by their silence, concealment, and conniv- ence, weaken, communicat, or sell any part of this fundamentall G 98 PROCEEDINGS OF COMMISSION [u NOV. truth, this soveraigne interest of Christ, and that ye will all concurre to demonstrat the samen by cleir passages of Scriptur, necessare consequences therfra, which can no more be denyed nor esteemed cold nor the letter itself, and by the vniversall constant practise of the Apostles, which ar as cleare rules unto us as any humane lawes, inferences, and practises ar or can be brought for any civile previledges. They certainly expect no more of yow, and needs not require so much, especi- ally seing in divinis more nor m humanis we should not bourd nor border with the cutting of the lappe of Christs garment or the hemme of his rob royall, for in his dubiis tutius semper sequendum pro salute anhnoe. Sir, I will only close this with remembring yow of tuo passages of your letter sent by order of the House of Commons to the Generall Assembly of the Church of Scotland, That ye will sett out such a discipline as to the vtmost of your power ye may exalt Christ, the only Lord over the Church, his own house, in all his offices, and present this Church as a chast virgine to Christ, and for this end that ye wer not restrained by the Houses in your votts and resolutions, nor bound up to the sense of others, nor to carry on privat designes in ane servile way, but by your oath wer secured against all fettering of your judgments, and engaged therby, according to the Houses desire, to vse all freedome becoming the integrity of your conscience, weight of the cause, and the gravity and honour of such an Assemblv. I will no more trouble yow but with one word upon the whole matter, to desire yow seriously to consider if this business (quhairon the eyes of God and man ar fixed) deserves not a speciall day of humiliation and prayer for the Lords extraordinary assistance and direction of the Assemblies This day another letter was read from the Commissioners of the Ministery concerning their desire to return e home, which the Commission is to take to their consideration afternoon. Tenor of the letter followes : — 6 Reverend and beloved brethren, — We have thought good (beside the particulars in the publik letter) to represent unto 1 1 NOV.] OF GENERAL ASSEMBLY, 1646. 99 vow for our part, who have been so long absent from our Letter from the flocks, that although, in our endevours for reformation and a^Lo^donoT 5 vniformity, we have studied all the expeditious and accelerating ^ J^j 516 " 6 means which we could, and not without successe, through Gods retume. blessing, yet it is verie grievous to us to be so long tyme detained heir ; and we do hartily desire a faire doore to be opened for our returne. It is true much of the work yet remaines to be done : the perfecting of the Confession of Faith and adding Scriptures unto it ; the debateing the rest of the Catechisme ; the ansuering of the House of Commons their quaerees concerning Church government ; the pursuance of the Treaty with the Houses for their agreeing for the Confession and Catechisme when the Assemblie shall transmitt them, and to the rest of the Government which the Assembly heir sent up long ago, which the Houses have not yet taken into considera- tion. But we verilie judge that these things will take a long tyme ; and we ar so weary with our exceeding long absence from our particular charges, that wee humblie intreat from yow a permission to returne, so soon as yow may think fitt. Expecting your ansuere and directions herein, we commend your meetings to the blessing of God, and rest, Your loving brethren. Sub tv - r ) Samuel Rutherftjrd, Worcester House, the 27th Robert Baillie, of October 1646. Geo. Gillespie. 1 Direct : For the Right Reverend the Commissioners of the Generall Assembly of the Kirk of Scotland. The nixt Fry r dav being set apart bv the Parliament for a Day of Fast by . the Parliament. day of fasting and humiliation by the members of Parliament, the Commission appoynts Mr. Robert Douglas and Mr. Andro Cant to preach that day. The Commission appoynts Mr. David Dickson and Mr. ^ p^|^° nt William Colvill to preach before the Parliament the next Sabboth, and Mr. Samuel Oustene to preach for Mr. William Colvill in his kirk. For praying in the Parliament, the Commission appoynts Mr. Praying in the Johne MoncreifF the morne, Mr. Johne Nevey on Saturday, Parhament - Mr. Johne Hamilton on Moonday or Tuysday, as the Parliament shall happen to meet, and Mr. Patrick Colvill the nixt day. 100 PROCEEDINGS OF COMMISSION [u NOV. The Commission continues all summonds and references untill Tewsday nixt, the 17th of this moneth. Mr. johne The Commission of Assembly continues the summonds town of Leith raised at the instance of the toun of Leyth against Mr. Johne and Edinburgh. Smith for his transportation to the first day of December nixt : And in respect of the condition of the congregation of Leyth, represented by the Lord Balmerino, declares they will not continue the mater any longer, but will proceed that day, Mr. Johns absence notwithstanding. And lykwise continues the toun of Edinburghs summonds of transportation against him to that same day, and appoynts a letter to be writtin to Mr. Johne Smyth to give him advertisment hereof ; Hallhill for the paroshiners of Burntiland, personallie present, warned hereof apud acta. Mr. Robert Concerning the list from Lovetennent-Generall David Leslie, Trayiito v j z . Mr. William Dalgleisch, Mr. Robert Ker, and Mr. Generall-Love- . . . . tennent David Robert Traill, the Commission appoynts the said Mr. Robert Traill, personallie present, to repare to the said Generall Lovetennent with diligence for performing ministeriall dueties to him, and that letters be writtin to the Presbyterie of St. Andrews to supply his place during his absence. Concerning Dr. This day the Lord Waristoun, having shewn that he had Papers qUallS warrant from their brethren at London, in ansuere to the letters sent to them for these letters and papers found amongst Doctor Balcanquells wryttis, to represent that it is their humble opinion these papers and letters should not be made any publik use of, for diverse reasons he had to expresse, if it should be thought convenient to do it publikly, which he had imparted already in privat to the Moderator and some others as he wes desired. The Commission thinks fitt that any who desires to be satisfied in the reasons wherfor these letters should not be made use of publikly may conferre with the Moderator, the Lord Marques of Argyll, Balmerino, Waristoun, and Mr. David Dickson in that mater. Act for Mr. The Commissioners of the Generall Assembly, having received Wrights satis- this day a petition from Mr. Edward Wright desyring, in ad C m?ssion d to respect there is now a fair call offered unto him to the kirk of the ministerie, Falkirk, and the matter so farre advanced, as the Synod of ^oun^Se^ 3 Lothian have appoynted the 25 of this instant for his admis- 17 NOV.] OF GENERAL ASSEMBLY, 1646 101 sion, that in their wisdome they would take such course as all former ordi- impediments may be removed which may hinder the fruit and ^gSm 0 " 06 ' comfort of his ministerie ; and in particular any rub or ambi- guity that may arise from the last Act of the Commission for his transportation, seing he is most willing to give all satisfaction for any scandale found to aryse through his frailty and weak- nes in the houre of tentation : And after consideration of their former ordinance and the intent therof, having heard the said Mr. Edward, personally present, expresse and acknouledge his sense and sorrow of his bygone escapes and infirmities in the houre of trvell ; and seing now his transportation is so farre advanced, Do therfor discharge the certification of their former ordinance, declaring that that ordinance for his transportation is now as simple and absolute as if the said certification had never been therto adjoyned : Ordaining also for further satis- faction of any offence or scandale arysing upon his bygone escapes, that he preach at Glasgow upon the next Lords day, and after sermon make a declaration of his unfained sorrow for his frailty and weaknes in the houre of tentation, and upon Thursday therefter that he preach at Lythgow before the Presbyterie of Lithgow ; and the brethren appoynted by the Synod of Lothian to joyne with them for the tryalls of Mr. Gilbert Hall, ar desired to be his hearers ; and there in his sermon shall so apply himself as the sense of his bygone escapes and his affection to the present cause may appeir ; for which purpose the said Mr. Edward shall addresse himself to the said Presbytery of Lythgow this day eight dayes and present unto them this ordinance for their further satisfaction. The nixt meeting upon Tewsday afternoon. Edinburgh, 17 November 1646, post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderator. Mr. William Bennet : Mr. David Calderwod : Mr. John Adamson : Mr. John Oiswald : Mr. Robert Ker : Mr. Johne Knox at Carington : Mr. Robert Eliot : Mr. William Jamieson : Mr. Robert Wright : Mr. Samuell Oustene : Mr. James Bonar : Mr. Johne Lyndsay : Mr. James Nasmyth : Mr. David Drummond : Mr. Robert Traill : Mr. John Hay : Mr. Walter Greg : Mr. John Knox at Selkirk: Mr. >V;illiam Makjor: Mr. John Leir- mont: Mr. Patrick Colvill : Mr. Johne Robeson: Mr. Johne Nevey : Mr. Andro Cant : Mr. Robert Murray. Elders. — Earle Glencairne : Tullibardin : Lanerk : Lord Angus : Lord Balmerino : Laird Cunymg- hamhead : Laird Libbertoun : Laird Glanderstoun : Laird AV r edderlie : Laird Arnistoun : William Home, Glasgow. 102 PROCEEDINGS OF COMMISSION [17 NOV. Committee for This day wer presented petitions from some Provinciall the petitions Assemblies and Presbyteries to the Parliament, which the Com- a™™Synods C to 1S m ission recomends to be considered by Messrs. David Calder- the Parliament. woc j ? John Adamson, Andro Cant, David Dickson, Robert Murray, Johne Moncreiff, James Guthrie, Robert Ker, Johne Nevey, Patrick Gillaspie, with the Moderator, Libbertoun and Craighall, and after their report they will consider what is farther to be done. Their meeting is to be in this house after the dissolving of this meeting. Mr. William The Commission of the Generall Assembly having considered tion. the humble petition of Mr. William Wilkie and the reference of the Assembly concerning him, and having heard by the testimony of the Presbyterie of Glasgow and of many brethren amongst quhom he conversed, that his behaviour since his suspension hes bene irreprovable, verie humble and sensible of his bygone offences ; and the said Mr. William, personally present, having also himself represented his sense and sorrow for his bygone miscariages ; Therfor, according to the power given to them by the Assembly, do heirby relax him from the sentence of suspension, he alwayes, for further evidencing of his repentance and removing the scandale, acknouledging publikly his bygone miscariages in the houre of tentation, in the kirk of Givan upon the Sabboth come eight dayes, the 29 of this moneth ; and appoynts Mr. David Dickson, or in his absence Mr. Robert Ramsay, to receive his said acknowledge- ment, and therefter to intimat this sentence of relaxation : Ordaining lykwayes that the said Mr. William in his first sermon, which shall be at Glasgow upon the Weddensday next therefter following, being the secund of December, shall declare his sense of his bygone misbehaviour in the houre of tryell. Mr. James It is the opinion and advice of the Commission of the Douglas. Generall Assemblie, having considered the condition of Mr. James Douglas, and the acts of the Presbyterie of Lanerk and Synod of Glasgow testefying the evidence of his repentance, that the said Presbyterie may open Mr. James his mouth, for exercise of his gift, that he may be in a capacitie of readmission to the ministerie when God shall give him a calling, according to the Acts of Assemblie. This day a letter produced and read from the province of 1 8 NOV.] OF GENERAL ASSEMBLY, 1646 103 Merce and Teviotdaill to the Commission concerning the kirk Committee to of Gordon, the Moderator, Messrs. Andro Cant, David Dick- theietter^rom son, William Bennet, and William Jamieson ar appoynted to ^evSdSn conferre upon it and to report their opinions. concerning The Commission delay es to give any ansuer to Mr. Patrik ^T^ati-ici!*" Hamiltons petition for opening his mouth, untill the kirk of Hamilton. Cambuslang be planted, and recomends to the Presbyterie of Hamiltoun to take some course for helping him and supplying his present necessity. This day Mr. Patrick Colvill upon Weddensday, Mr. James Ministers to Guthrie on Thursday, and Mr. William Jamieson on Fry day, {^ t m Parlia_ appoynted to pray in Parliament The next meeting the morne at ten houres. Edinburgh, 18 November 1646, ante meridiem. Sederunt : — Ministers. — 'Sir. Robert Douglas, Moderator. Mr. James Flemyng: Mr. Johne Knox at Dalkeith : Mr. Robert Eliot: Mr. Walter Greg: Mr. Patrick Gillaspie : Mr. William Jamesone: Mr. Robert Murray: Mr. William MMor: Mr. John Leirmont: Mr. Johne Nevey: Mr. David Dickson: Mr. John Lyndsay : Mr. William Bennet : Mr. David Calder- wod: Mr. Robert Ker: .Air] Johne Hay: Mr. Robert Traill: Mr. John Moncreiff: Mr. James Guthrie: Mr. John Knox at Selkirk: Mr. Robert Wright: Mr. Samuell Ousten : Mr. James Bonar : Mr. Johne Hamiltoun : Mr. James Nasmyth : Mr. Andro Cant : Mr. Johne Robe son : Mr. Alexander Turnbull. Elders. — Lord Craighall : Laird Libber- toun : Laird Glanderstoun : Thomas Patersone : William Home : Laird Wedderburne. The Commission of Assemblie remitts the summonds against Summonds the complyers in Glasgow (Mr. Archebald Flemyng being ex- pf^ 1 ^ 0 cias- cepted), with the particular articles added therunto, to the gow remitted to Presbyterie of Glasgow for exact tryell and condign censur, ofG^asgow^ 16 wherto they ar hereby advised to take the concurrance and assistance of Messrs. Patrik Sharp, William Hamilton, Johne Hamilton, Mathew Birsbane, Henrie Colwert, James Nasmith, Hew Archebald, Alexander Dunlop, Patrik Colvill, James Fergusson, David Elphingstoun, Harie Sempill, Johne Weir, Robert Birnie, Johne Nevey, Gabriell Maxwell, Alexander Nisbet, ministers ; Houstoun, Cunynghamhead, Rowallane younger, Greenock, Glanderstoun, Dowhill, elders ; Requyring and ordaining, if the said persons shall not give the Presbyterie full satisfaction, the mater in that case be returned to this 104 PROCEEDINGS OF COMMISSION [18 NOV. Commission : And the Presbyterie, howsoever, ar to report accompt of their diligence to the next meeting in Februarii. Remonstrance. The Commission finds at this time that it is necessar a Re- monstrance be presented to the Parliament of such things as ar contained in many of the petitions sent to the Parliament from Presbyteries and Synods, with some addition of other particulars concerning Irland, and the province of Argyle, the vnion of the kingdomes, concerning the late peace with the rebells and persons under Kirk censures. Therfor desires the Moderator and Clerk, with such others as the Moderator please to call for, to draw a draught against the morrow. Robert Pringiii This day, Robert Pringill of Blindlie remitted to the Pres- miuedlo^the" byterie of Selkirk to be exactly tryed and condignly censured Sefkirk^" 6 ° f ^ 0l compliance with the rebells, and they ar particularly desired to proceed against him with excommunication, if they find no evidence of repentance and willingnes to give full satis- faction according to the order prescribed ; and that they report their diligence herein. . The next meeting afternoon. Edinburgh, 18 November 1646, post meridiem. Sederunt: — Ministers.— Mr. Robert Douglas, Moderator. Mr. Johne Oiswald: Mr. James Flemyng : Mr. Johne Knox: Mr. Johne Hay: Mr. Robert Traill : Mr. Johne Moncreiff: Mr. James Guthrie : Mr. John Knox at Selkirk: Mr. William M'Jore: Mr. John Leirmont: Mr. James Bonar: Mr. Patrick Colvill: Mr. David Dicksone: Mr. John Lyndsay: Mr. Andro Cant: Mr. Thomas Donaldsone: Mr. William Bennet: Mr. David Calder- wod : Mr. Robert Ker : Mr. Robert Lightoun : Mr. Robert Eliot : Mr. Walter Greg : Mr. Patrick Gillaspie : Mr. William Jamiesone : Mr. Robert Wright : Mr. Samuel Oustene : Mr. Alexander Turnbull : Mr. Johne Nevay : Mr. John Hamiltoun : Mr. James Nasmith : Mr. John Robertsone : Mr. Robert Murray : Mr. Adame Penman. Elders. — Lord Marques of Argyle : Earle Craufurd Lyndsay : Earle Mershell : Earle Cassillis : Earle Glencairne : Earle Tullibardin : Earle Lothian : Earl Lanerk : Lord Angus : Lord Balmerino : Lord Craighall : Lord Waristoun : Laird of Lammingtoun : Laird of Brodie : Laird of Arneis- toun : Laird of Glanderstoun : Thomas Patersone : George Porterfeild : Laird Wedderlie : Laird Clerkingtoun : Lawrence Henrysone : Johne Sempill : Laird of Cesnok. This day, a letter presented by the clerk from the Commis- sioners at London, with a part of the Confession of Faith; 1 tenor of the Letter followes : — 6 Reverend and beloved brethren, — We send yow herewith i The Humble Advice of the Assembly of Divines . . . concerning pari of a Confession of Faith. London : printed for the Company of Stationers. 1 8 NOV.] OF GENERAL ASSEMBLY, 1646 105 so much of the Confession of Faith as wes latly transmitted Letter from the from the Assembly of Divines to the Houses of Parliament. at°London. nerS We can not advise yow to take it as yet into your considera- tion as a part of vniformity here agreed upon, much lesse that it be published or see the light there, it not being yet approved by Parliament heir. Only fyve hundred copies wer printed for the use of the members of both Houses, that with the lesse trouble and debate they may be ready to give their consent in Parliament. So that this copie which we now send will only serve for your own information concerning part of the Advice offered from the Assembly of Divines, who ar also daylie em- ployed in perfecting the remainder of the Confession. Wee have nothing els to adde to our former letters. But as the difficulties and dangers ar great on all hands, wee pray God to give such wisdome to the Parliaments of both kingdomes, and to yow for your part and interest, that the hands neither of Sectaries nor of Malignants may be strengthened, and that all good means may be improved, both for the setlment of religion and for preservation of the vnion betueen the king- domes. So pray, Your loving brethren, Sub* ur 9 Samuel Rutherfurd, Worcester House, the Loudoun, Robert Baillie, 10th ofNovr. 1646. Lauderdaill, Geo. Gillespie. Direct : For the right reverend the Commissioners of the Generall Assembly of the Kirk of Scotland, mett at Edinburgh. This day, the Earle of Hartfell appeiring personally, and Earie Hartfeii. declaring his sense of his bygone offence in joyning with the rebells, and his willingnes to submitt himself to the censures of the Church for the same : Therfor the Commission of As- semblie remits him to the Presbyterie of Lochmaben that they may enjoyne and receive his satisfaction, according to the Act of Assemblie, and appoynts the Presbyterie to returne accompt of ther diligence therintill. The Commission thinks fitt to assist the complaint of the Complaint ot Provinciall of Glasgow to the Parliament, for the ryet com- £ 1 e as S ™ od ° f mitted against the Presbyterie, aud to concurre therin. The Commission of Assemblie seriouslie recomends to the Recommenda- honourable Estates of Parliament that their Lordships will be ment tor i-epara. 106 PROCEEDINGS OF COMMISSION [19 Nov. tion of som pleased to take to their consideration the pitiefull losses and thunder 7 damnage of some parishes within the Presbyterie of Dundie, by an extraordinary and unheard of thunder, which the Lord hes bene pleased in his providence to make break in these parts in a verie fearfull maner, as is attested by the said Presbyterie, and will be more particularly represented to their Lordships, and to provide some way for their redresse, and reparation of so heavie a visitation. Messrs. Robert Murray, Johne Moncreiff, William M'Jore, Robert Ker, ar appoynted to consider Mr. James Kirks bill. Earie Aber- Concerning the desire of the Presbyterie of Paislay touching corne. their proceeding against the Earle of Abercorne, it is the opinion and advice of the Commission of Assemblie, that the said presbyterie continue and suspend any farther proceeding against the said Earle untill the terme of Whitsonday next, and that in respect of the earnest desire of the Lord Paislay, the said Erles sone, who is of the religion, and of hopefull expectation, and of the Lord Angus, and the other noble freends of that family, that the Erie may in that tyme order and settle his affairs for the good of his said sone and that family which otherwise would perish by the Erls present removall off the countrey before his bussines be setled ; the said Lord Angus, or some other noble freends of that familie, giving satisfactory assurance to the Presbyterie touching the educa- tion of the Erls children, his removing Popish servants, and abstaining from masse and the company of Jesuits and preists, conforme to the 2d Overtur of the Act 1 of the Assembly at St. Andrews 1642, made against Papists, and for his attending conference in Edinburgh or Glasgow when his occasiones shall bring him there. Mr. Archebald Fleming and Colonell Hay continued whill the morne. The next meeting the morne at ten houres. Edinburgh, 19 November 1646, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. David Calderwod : Mr. Adame Penman : Mr. Robert Eliot : Mr. Patrick Gil- lespie : Mr. Thomas Donaldson : Mr. Robert Murray : Mr. John Leirmont : Mr. Robert Wright : Mr. David Dickson : Mr. John Hamiltoun : Mr. Andro Cant : Mr. William Bennet : Mr. John Knox at Dalkeith : Mr. 1 See Peterkin's Records of the Kirk, p. 322. 19 NOV.] OF GENERAL ASSEMBLY, 1646 107 Johne Hay: Mr. John Moncreiff: Mr. James Guthrie: Mr. John Knox at Selkirk: Mr. William MMore: Mr. Alexander Turnbull : Mr. James Bonar : Mr. James Nasmith : Mr. Johne Weir: Mr. Samuel Oustene. Elders. — Lord Craighall : Laird of Libbertoun : Laird of Arneistoun : Laird of Dudingstoun : Laird of Glanderstoun : William Home : Thomas Patersone. Continues Mr. Archebald Fleming whill the morne. Continues the lairds of Amisfeild, Gribtoun, and Cowhill whill afternoon. This day, the summonds against Collonell Hay being againe Coiloneil Hay. called, and he appeiring personally, the Commission referres the tryell and censure of the said mater to the Presbyterie of Hadingtoun, quhairin they ar to report accompt of their proceedings. The Commission having received a list for the Master of Order for a new Yesters regiment, viz. Mr. Alexander M'Gown, Robert Eliot, Master of and Robert Carson, within the Presbyteries of Lochmaben, ^^ TS Regl " Biggar, and Dalkeyth, and finding ther unfitnes at this tyme for that employment, appoynts another list to be writtin for. This dav, Johne Herres of Mabie appeirino* personally, and Johne Herreis j 1 r: n i- , Logirait, Mowling, and Forthirgill, now vacand, partly by death, partly be transportation, and partly be deposition of the last incumbents, be provydit with able and well affected ministers, quhairby religion, the Covenant and publik cause of this kingdome may be the better advancet and set forward ; Therfor that the samyn may be the better effec- tuat, do be thir presents seriously recomend unto the Pres- byterie of Dunkeld that they be carefull with all convenient diligence, be advice of the brethren underwrittin, within the severall Presbyteries of Perth and Ochterairdor, they ar to say, Mr. Robert Murray, Mr. Alexander Rollock, Mr. William Row, Mr. William Bell, Mr. John Cruikshank, Mr. John Friebairne, Mr. David Drummond, and Mr. George Murray, the Erie of Tullibarden and Robert Murray of Buchantie, or plurall number of them, to plant the saids kirks with able and well qualified ministers, free of all malignancie, and well affected to the Covenant and publik cause of this kingdome, according to the order of this Kirk ; and desires that they may report their dilligence herein to this Commission. The next meeting on Mononday afternoone. Edinburgh, 23 November 1646, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. James Guthrie : Mr. William MMore : Mr. James Bonar : Mr. Johne Hamil- toun : Mr. Robert Ramsay: Mr. Johne Weir : Mr. Andro Cant: Mr. William Bennet : Mr. Thomas Donaldson: Mr. Johne Leirmont : Mr. Johne Nevey : Mr. Allan Fergusson : Mr. Samuel Oustene : Mr. Evan Camron : Mr. George Young : Doctor Colvill. Elders. — Lord Angus : Laird Libbertoun : Laird Brodie : Thomas Patersone. Aberden. The Commission approves the petition from the Provinciall Assembly of Aberden unto the Parliament, and appoynts the same to be presented with the first opportunitie. Advyse to the The Commission of Assembly, having considered the petition Och S terardor° f of Mr. James Row, and the testimony of his repentance from concerning Mr. ^] le p re sbyterie of Auchterardour, and understanding that the James Row. J P Provinciall Assemblie of Perth have not keeped their ordinary dyet of meeting ; Therefor do advise the said Presbyterie to open his mouth, that he may exercise his gift as an expectant untill the next Generall Assembly, which shall nowayes put 24 NOV.] OF GENERAL ASSEMBLY, 1646. 115 him in a capacity of admission to the ministrie before the said Assemblie ; But recomends to the said Provincial! of Perth to take exact tryall of his repentance, and to report the same to the next Assembly, that after their examination thereof the Assemblie may take such course concerning him as they shall find reasonable. Concerning the question in the mater betuixt Johne Wilkie of Foulden and Mr. Thomas Ramsay, minister there, whether elders, being removable tennents to the said Johne Wilkie, should be received witnesses against the said Mr. Thomas ; It is the opinion of the Commission that they may be received cum not a. Concerning the petition of the relict of Mr. Robert Broomlie, who wes killed in the persute of the re bells, for some man- tainance, the Commission of Assemblie stronglie recomends the desire therof to the honorabill Estates of Parliament. The next meeting the morne. Edinburgh ', 24 November 1646. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Andro Cunt : Mr. James Bonar : Mr. Evan Camrone : Mr. Alexander Turn- bull : Mr. Robert Ramsay: Mr. Patrik Colvill : Mr. Johne Nevey : Mr. Thomas Donaldsone : Mr. Johne Moncreiff : Mr. Johne Adamsone : Mr. David Dickson : Mr. Johne Leirmont : Mr. Allan Fergusson : Mr. Johne Weir: Mr. Johne Hamiltoun: Mr. James Guthrie: Mr. Samuel Oustene : Doctor Colvill : Mr. Patrik Gillespie : Mr. William Bennet. Elders. — Lairds Glanderstoun, Libbertoun, Dudingstoun : George Por- terfeild : Thomas Patersone : William Home. This day, Maxwells of Gribton and Cowhill compeiring per- R em itt, sonallie, and submitting themselves to censure for their com- ^"whrn to the plyance with the rebells, the Commission of Assemblie remitts Presbyterie. to the Presbyterie of Dumfreis to try exactly their offences, and censure them condignly, according to the power com- mitted to them by the Assemblie : Recommending also that they see evident signes of repentance, and report the same to this Commission before they receive their satisfaction. Concerning the petition of the towne of Dundie for exeem- p et ition of ing Mr. Andro Affleck from going to Generall Major Midltons Afflecks ^tay 1 at regiment, the Commission refuses the desire therof, but ar con- home refused, tent to exeem Mr. Johne Robertson from attendance upon the meeting of this Commission during Mr. Andro Afflecks absence. 116 PROCEEDINGS OF COMMISSION [24 NOV. This day, Mr. George Oliphant compeiring personally and submitting himself to censure for his compliance with the rebells, the Commission of Assemblie remits to the Presbyterie of Perth to try exactly his offences, and censure him condignly according to the power committed to them by the Assembly ; recomending also that they see evident signes of repentance, and report the same to this Commission before they receive his satisfaction. The Commission of Assemblie, understanding that the Pres- byterie of Edinburgh can not proceed to the tryell of the mater concerning Mr. James Lang, in respect the witnesses ar not within their bounds ; Therfor they resume the mater to their own consideration, and ordaines the said Mr. James to be summond to compeir before them at Edinburgh, the first day of December next, to ansuere in that mater, and that witnesses be cited to the same day to beare testimony therein. The Commission appoynts this following Remonstrance to be presented to the honorabill Estates of Parliament, and after the dissolving of this meeting, that the Moderator and other brethren in toun attend their Lordships ansuere. After the receiving quhairof the said Remonstrance witli the Parliaments ansuer is to be furthwith printed. ' The humble Remonstrance of the Commission of the General Assemblie wnto the honourable and higli Court of Parliament. Remonstrance ' Right hoxourable, — It is unto us, the servands of Jesus merit? " Christ, and your servands for his sake, no small consolation that whilst this land lyes afflicted and almost fainting under a burden of many evills, yow ar assembled for her help ; promis- ing unto our selves, that as in your own hearts ye do bewayle its miserie before God, so yow will gladly entertaine the repre- sentation therof from all its lovers, and from the sense of your interest and trust, with spirits as large as your places, endevour to repare our ruins and build up our breaches. Therfor, as many Synods and Presbyteries do now make their humble addresse unto your Lordships in their severall supplications concerning the interests of religion and of the kingdome, so ar we bold to poure furth our present thoughts and desires into Remitt, Mr. George Oliphant to Presbyterie, Perth. M. James Laing. 24 NOV.] OF GENERAL ASSEMBLY, 1646. 117 vour bosome ; hoping that, as they flow from no other foun- taine then the discharge of our consciences and a purpose to do good, so your Lordships will allow them that acceptation that beseems the justice and wisdome of so high and honour- able a court, and improve the same, as farre as yow see reason, for the honour of God and safety both of Church and State. If we had forgotten the sadde effects of the Lords former indignation, or wer not sensible of the present tokens of his wrath, we wer more then stupide. There wes a tyme quhairin the Lord made us flie before the enemy, and made us drunk with the wyne of astonishment, not finding either hearts to resolve or hands to execute and put in practise. Neither wes the pestilence lesse violent in our cities then the suord in the feilds. Many thousands have falne in our land, by the arrowes of the Almighty and furie of the Most High ; and yet his wrath is not turned away, but his hand streatched out still. The flames of his indignation doe againe burne hotlie in some of our cities, and a considerable part of our countrey groans and languishes without help under all the crwelty of a bar- barous enemy, who makes no other use of your offer of pardon then to despise your power and to waxe more insolent in act- ing of their mischievous designes, which reach not onlie unto our lives and liberties, but unto our religion and soules them- selves. How sore is the Lord displeased when he suffers Anti- christ to enter in our borders, and his emissaries to lead our brethren captive into Babylon, and set up the Masse amongst them ? And what can we take this for but a sad prognostica- tion of ensuing darknes to these who have not walked worthie of the light, and that the Lord threattens to depart from his temple ? And is it not an eminent token of his anger, that many who have made themselves drunk with the blood, and riche with the spoyles of thousands of our deir brethren, after that they wer destinat unto death by yourselves, have yet escaped the hand of justice, and ar restored unto their lives and fortunes, unto the strenthning of the malignant partie, and discouraging the hearts and weakning the hands of all the well affected in the land ? It is bitter as death to live with these that hes slaine the Lords people, and to heare them boast of their cruelty and rejoyce in their iniquity, evrie day 118 PROCEEDINGS OF COMMISSION [24 NOV. insulting over the cause of God, and despysing and studying to trode under foot all the lovers of the same. Neither can we look upon the insolencies and oppression of many in our armies, under which not a few in our land groans, but as upon the rod of the Lords furie, turning the means of our health and preservation unto a cuppe of vinegar and gall that setts the teeth on edge. Those calamities and whatsomever miseries besides do afflict us, can issue from no other fountaine then from that deluge of profanitie that hath covered the face of the land, which accresses unto a great hight of guiltines, because wee have sinned in the day of the gospell and despysed the oath of God, neither reguarding our covenant nor the operation of his hands, in which he lies made himself glori- ous in the midst of us, in many most eminent works both of mercie and of justice. We acknowledge that the work of reformation lies not been without plentie of most gratious and comfortable fruits in many soules through- out the land, who ar for a testimony unto the truth, and for a name of joy and praise unto the Most High. Yet we can not but bemone the power of ungodlynesse, that prevales and breaks furth in many grosse sins, unto the violation of our Covenant, the reproacli of our cause, and the great dishonour of the Holy One of Israel, our Saviour, whose mercies towards us calls upon us to be holy in all maner of conversation, and to be fruitfull in evrie good work, that wee may adorne the gospell of Jesus Christ our Lord, and not make His enemies to blaspheme. Therfor, knowing all other cures to be vaine without the studie of reformation, we do, from the unfained zeale of your pros- peritie and peace, in the bowels of the Lord Jesus Christ, by whose blood we have bene redeemed, in much tender and humble affection, with tears exhort yow, by all your oaths and obligations unto God, by all his mercies and delyverances towards yow, by all your zeale of his honour and love to religion and countrey, that yow will in all your conversation, studie sobrietie, righteousnesse, and holynesse, and so to walk in the gospell that it may be known that the Sonne of God reigns in your hearts, when yow not only hold forth His vertues in yourselves but discountenance evrie profane person, and chearish and embrace all these that beare the image of God. 24 NOV.] OF GENERAL ASSEMBLY, 1646. 119 The example of your good conversation can not but be of great force to all the land, and nothing will contribute more for repressing of sin or establishing of holynesse then the preced- encie of great ones, ordering all things that concerns themselves and their followers and domestiks according to the Covenant. As is the frame of mens spirits and tenour of their conversation in privat, such is their deportment and cariage in publik actions. We do well know that nothing will be so eff'ectuall for enabling your honours in the integrity of your spirits, with much affection and love one towards another, without emula- tion or self-seeking, faithfully and zealously to act publike counsells and resolutions, then for each of yow to walk with God, who is the father of light, and the author of evrie good gift and perfect donation. But it is chiefly as yow ar cloathed with authoritie and assembled in Parliament that we do now make addresse unto your honours, beseeching yow by him who stands in the assembly of gods, that as your progenitors and yow have made many pious and laudable Acts for punishing of vice and advancing of vertue, so yee will see carefully to the execution of the same. And because vice is become common and strong, that yow will lay it seriously to heart and bestirre yourselves, in more then an ordinary way, in thinking upon and executing all the best expedients for stopping the sluces of iniquity and impiety and advancing righteousnes and religion. Wee know no service better beseeming your place and more worthie of your paines, that will be more acceptable unto God or more profitable for the commonwealth. Next unto Refor- mation and the studie of piety and godlynesse amongst our- selves we conceive it most necessary for our good to hold fast the vnion with our brethren of England. As the attaining and establishing of it wes long studied by the lovers of truth and peace, as that subsidie that wes like to contribute most for the lasting happynesse of both kingdomes, in reguard of all their interests, so lies the dissolving of this been, and is the great designe of all the malignant witts both heir and abroad : conceiving it the surest way to raise their hopes and rwine our happynesse by dividing us asunder, and dashing us one against another, which we ar sure that yow abhorre, and will studie to avoyd, no lesse in your actions than we do in our desires. And 120 PROCEEDINGS OF COMMISSION [24 NOV. that as hithertills yow have with much wisdome and faithful- nesse carefully shun'd evrie thing, that might produce suspi- tions or foster jealousies, and beene deficient in nothing that might strengthen the confidence of the English nation in the persuasion of your affection and integrity to themwards, so yow will still, from the same wisdome and faithfulnesse, hold fast the League and Covenant betueen the kingdomes, as that which is most conduceable for the safety and security of both ; and that vow will by all faire and peaceable means travell with the Parliament of England for promoving of the work of vniformity, by establishing of the government of the Kirk, and all the ordinances of the Sone of God, in England, in their purity and integrity, that all the clouds of errour which are there may be scattered, and the beauty of the truth shyne brightly in both lands. And conceiving it to conduce much for that worke and for the accomplishing owr happynesse, that his Majestie should joyne therin, therefor, as we poure furth our prayers unto God for him on that behalfe, so we hope that your honours will not be deficient in continuing to deale with him to subscribe the League and Covenant, that he and his subjects being of one mynd, he may be happy in his government, and they in their obedience. And though the peace with the rebells, in the fruits and effects therof, lies neither ansuered your expectations, nor put an end to the kingdoms miseries, yet we shall only desire that all such as have been involved in the rebellion may be keept from places of publik trust whether civile or militarie ; and that yow will take such course with them, in moderating their power and regulating their cariage, as that it may be known that yow put a difference betueen those that have served God and their countrey, and those that have opposed him in the publik cause, and that your peace may be peace indeed and not the foundation of a more lasting warre. If it wer not tedious we could lay it before your honours what a hight of arrogancie and disdaine of authority, both civile and ecclesiastik, appears in the cariage and expressions of most of these men, and that not in corners abroad, but publikly in the chief cities of the kingdome, and under your own eyes. And it is yet more grievous that such should be familiarly conversed with and countenanced by these, who professe themselves to be 24 NOV.] OF GENERAL ASSEMBLY, 1646. 121 for the Lord and his cause, which evill is so encreased that excommunicat persons themselves ar not avoided. It wounds us deeply to behold the sufferings and heare the cryes and complaints of our brethren in the province of Argyle and the places thereabouts, who have their blood shedde as water spilt upon the ground, their estates ruined, their houses burnt with fire, and the remnant that is left exposed unto the snares of Antichrist and all the miseries of nakednesse and famine. We need not put your lordships in mynd what lies beene their cariage and constancie in the publik work, nor what is your obligation unto them by vertue of your Covenant, nor how dangerous the seating of such an enemie there may be, both unto our religion and our countrey. But we beseech yow by the Lord Jesus Christ, and by the love of the Spirit, that yee will apply yourself seriously, and bestirre yourselves diligently, for the help and releiff of that poore people, whose conditions pleads for it at your hands, both as an act of justice and an act of mercie. We do also lay before yow the eminent dangers and low condition of our brethren in Irland, who ar neir to be swallowed up of their adversaries : persuading owrselves that yow will extend your utmost endevours, with the Parliament of England, for their tymous assistance and releiff. And although we do acknowledge not only the courage, but also the moderation and piety of many worthies in our armies, who not only walk as good souldiers, but as souldiers of Jesus Christ, unto their own comendation and our hearts joy, whose deservings, wee make no question, will be both valued and rewarded by yow according to their worth ; yet wee can not but regrate that many in our armies walk lowsly and disorderly, ryotously spending what they violentlie spoile, and making the lives of the commons bitter wnto them by their insolencies and oppressions, which ar caried with so high an hand that, without the interposition of your authority, help can not be found. And therfor we ar confident that your care shall reach unto this also, that the poore be no more oppressed, nor the gospell and our profession reproached by the debordings of such. And wee also trust that your Lordships will so dispose of common burthens, that freends have no cause to complaine of unequall measure amongst themselves ; much lesse that enemies ar in a 122 PROCEEDINGS OF COMMISSION [24 Nov. better condition then they, and that they ar overcharged, when the other not only retaine their spoiles, but leave in superfluities. And because the preservation of the judicatories of the Kirk in their integrity and strenth is of a great consequence unto the suppressing of iniquitie and ungodlynesse, and advancing righteousnesse and piety, wee desire that your Lordships will carefullie see unto the keeping of their authority inviolable against all the insolencies of unreasonable men. Our religion and libertie ar blessings of excellent and incomparable worth, in establishing of which unto ws the Lord lies marched in as glorious and statly way of providence over all the mountains of opposition, as any ey hath seene for many hundred of yeirs past. And it does not escape your knowledge what hes bene the designer and endevours of adversaries from the begining against the samyne ; and though many of them be cutt short of their power that they can no more openly oppose, yet have they not desisted from their policy secretly to undermine ; and there is no lesse danger in the misteries of iniquity then acts of hostility. When we consider how many of those who wer once open enemies ar brought unto our bosome as seeming freends, we can not but professe our fears, and, as the watchman of the house of Israel, forewarne yow of the samin, earnestly beseech- ing yow that yow will mynd the same thing, and as one man, from the unfained zeale of the honour of God, and with much love and affection one towards another, study the preservation of those precious blessings, that not only this, but the succeed- ing generations, may be happy in the enjoying of the same. 1 This day the Overturs to be presented to the Parliament being read and approven, the Commission appoynts them to be given in with the Remonstrance. Tenor of the Overtures followes : — Overturs to the"! 'The overtures and desires of the Commissioners of the Generall Assemblie humblie tendered to the high and honnourable Court of Parliament. 4 Besides these things represented in generall in our Remon- strance, we could not but lay out unto your honours more par- ticularly some of those grosse and horride impieties and abomin- 24 NOV.] OF GENERAL ASSEMBLY, 1646. 123 ations, and of these great insolencies and disorders which, through impunity, ar become exceedinglie frequent in our congregations. 1. And first, because the high provocation of God by the frequencies of adulteries, bigamies, incests, have bene often and in evrie session of Parliament regrated, Therfor we must againe renew our desires to your Lordships that you would be pleased now at last to renew and enlarge the Acts of Parlia- ment made against these odious sins ; and especially that the act against incest be cleirly extended to all the degrees therof ; and that the ordinary and competent judges may be authorised and enabled for executing these lawes in all the parts of the kingdome. 2. Such is the power of the spirit of delusion and wickednes in the hearts of many, that to conceale these great sins before expressed, committ another fearfull abomination by destroying their conceptions. Your honours therfor will be pleased in your wisdome to enact such exemplar punishment against all concealers and destroyers of conceptions as yow shall find these horride crymes do deserve. 3. Because in our addresses to the ordinal* judge for punish- ing of charming, it is informed to us that the Acts of Parlia- ment ar not expresse against that sinne, which the rude and ignorant ar much addicted unto ; may it therefor please your Lordships that the Act of the 9 Parliament of Queen Marie made against witches and consulters be enlarged and extended to charmers, or that such other course be taken as that offence may be restrained and punished. 4. Seeing the pryde and insolencie of many excommunicat persons is verie great, your Lordships will be pleased to cause publish and put in execution your order made at St. Andrews upon the secund of Februar last for securing their persons ; to which effect that order may be enlarged and extended, that all the ministers of justice in burgh or land may execute the same. 5. The lewdnes and impieties of idle and sturdie beggers and gipsies, often also represented, move us still to desire your Lord- ships to take some solide and effectuall course for restraining therof, by putting in execution the acts already made for that purpose, or enacting such further order as your wisdome shall find necessarie. 124 PROCEEDINGS OF COMMISSION [24 NOV. 6. The insolencies of papists, malignant mosetrowpers, and other robbers and theeves, we humblie desire to be restrained, and according to your order at St. Andrews of the secund of Februar, that the noblemen and gentlemen in the shyres where these insolencies ar committed may meet and consult upon the best overturs for that effect. 7. Wee do most humblie recomend to your honours that rapts and forcing of women be repressed and punished, and that the Acts of Parliament made theranent be enlarged, as also, from the consideration of the sin and dangerous conse- quence of marieing persons not forisfamiliat, without consent of their parents or tutors, and of manages solemnized by preists and such like — that your Lordships will provyd some way for restraining and punishing such manages, as your wisdomes shall judge necessare. Beside the restraint and punishment of these sins and insol- encies, wee humblie desire your Lordships to enlarge your order of the said 2d of Februar, made at St. Andrews, for education of the children of noblemen under the power of Popish or malignant parents and tutors, that not only the children of noblemen, but of gentlmen, and generallie any others under the power and oversight of Popish or malignant parents, tutors, and curators, may be educat by the care of some religious and well-affected freends, by the appoyntment of the Committee of Estates or Lords of Secrete Counsell. Because of the desolat condition of many kirks, that your honours will be pleased to renew the Commission for planting of kirks to such persons as yow think fitting, and that order be given for their constant sitting in tyme coming/ Kirk of The Commission of Assembly recomends to the honourabill Estates of Parliament the desire of the petition concerning the transporting the Kirk of Dunscore. The next meeting the morne before noone. Edinburgh, 25 November 1646, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Andro Cant : Mr. David Dickson : Mr. James Bonar : Mr. Johne Nevey : Mr. William Bennet : Mr. James Guthrie : Mr. Robert Murray : Mr. Robert Ramsay: Mr. Patrik Colvill : Mr. Johne Moncreiff : Mr. Alexander 25 \ov ] OF GENERAL ASSEMBLY, 1646. 125 Turnbull : Mr. Evan Camron : Mr. Patrik Gillespie : Mr. Allan Fergus- son : Mr. Thomas Donaldson: Doctor Colvill. Elders. — Lord Craig- hall : Laird Dudingstoun : Laird Libbertoun : William Home for Glasgow. This day a petition being presented from the Province of Province of Argyll, the Commission finds that in their Remonstrance to the Ar ^ 1L Parliament they have already represented their sense of the lamentable condition of that province. Yet they think fitt the particular petition from the said province to the Parliament be assisted by Messrs. David Dickson, Andro Cant, Robert Murray, Johne Moncreiff, William Bennet, Lord Craighall, and Libbertoun, who shall accompany the gentlemen of that province to the Parliament for that effect. This day the copie of a paper which wes given in by the Pretended pretended magistrats of Glasgow to the severall Estates being Giasgo^ ° f sent to the Commission, they, finding themselves verie much concerned therin, think fitt that they vindicat themselves from the reflexiones and aspersions that it puts upon them, and to complaine therof to the Parliament. For which effect appoynts Messrs. Andro Cant, David Dickson, James Guthrie, Robert Ramsay, with the Moderator, Lord Craighall, and Libbertoun to meet and draw some paper to that purpose, and that they make their report in the afternoon. Tenor of the said paper given in to the severall bodies follows : 1 — 4 Vnto the right honour abill the Estate tf Burr owes, the petition of the present magistrats and towne of Glasgow, for them- selves and in name of the whole incorporation : 6 Humblie Sheweth, — Wheras it hath pleased the Commission The scandalous of the Kirk and Synodall Assembly of Glasgow to suffer j^retLnded themselves to be possessed with so much prejudice against us Magistrats. as to own the civile debeats of our cittie as a mater of so great consequence quhairin they conceive themselves concerned to appeare against us, and thus to supplicat the Parliament in our contrary, wee ar exceedingly greived, and therfor we most humblie appeall the justice of the Parliament and of this honourabill Estate ; and entreats that no interest quhat- 1 The substance of this paper and of the Vindication of the Commission is given in Acts of the Parliaments of Scot/and, vol. vi. Pt. I. pp. 625, 626, and the two magistrates who presented the paper were put in prison, j PROCEEDINGS OF COMMISSION [25 nov. somever nor information from whatsomever hand weight us, before the justice and truth of our cause be fullie understood, wherin we hope to appeare nothing like to that our unfreends would beare upon us. And becaus our particular concerns the interest and right of royall burrowes, as likewise of evrie free estate and member in it, that it would please your Lordships to appoynt us a free and inprej udged 1 hearing before any further be proceeded concerning our citie. 1 Eodem die, post meridiem. Sederunt omnes (except Mr. Evan Camron) qui in sessione precedent}, cum Mr. Johne Weir, Lammingtoun, Cunyngham- head and Gland erstoun. This day a vindication of the Commission from the scandalous paper of the people of Glasgow being read and approven, the Commission appoynts the same to be delivered first to the severall bodies, viz., by Mr. Robert Douglas, Moderator, Johne Moncreiff and Cunynghamhead to the noblmen, Messrs Andro Cant, Robert Murray and Dudingstoun to the barones, and Messrs William Bennet and James Guthrie and Libbertoun to the burrowes : And that all these present the same also to the Parliament. Tenor of the said Vindication followes : — Vindication of 4 A Vindication of the proceedings of the Commissioners fron^the^aid 0 " of the Gcnerall Assembly in the mater of Glasgoiv from the pap^ al ° US aspersions of a scandalous paper, together with their desires concerning the same to the honourable and high Court of Parliament. 6 Right Honourable, — If we had not seen it we could hardly have beleeved that some dissaffected people in the town of Glasgow would have been so malicious and inconsiderat, as after all their malignant and tumultarie cariages at home, in the the verie tyme of their offer of repentance to ws, to loaden us with heavy imputations and unjust aspersions by a scandalous paper given in to your Lordships ; wherin they challenge us as men possest with prejudices and owners of civile debates, and such as have studied to weight them with our informations before the truth be tryed ; nay, as unfreends to them, and such In the Acts of Parliament the word is unprejudiced. 25 Nov.] OF GENERAL ASSEMBLY, 1646. 127 as would prejudicat a free hearing unto them in those things that concerne the interests of royall burrowes and free Estates. 4 Wee ar persuaded that your honours and all such as know anything of our dutie, and all such as tender the work of reformation, will beare us testimony, that as hithertills we have not stfeatched ourselves beyond our line, but humblie walked within our trust, ayming at nothing for our selves, but studying the preservation of religion and the advancement of the work of reformation evriewhere throughout the land, so that in this particular, we have confined ourselves to the same rule and mynded the same thing. Our calling and Covenant obliges us before God to discover and make known all the adversaries of the trueth, and to seek the redresse of those evills and preventing of these dangers that their malignant practises threattens unto the cause of God. And who will question that it is incumbent unto us to supplicat, that oppen and declared malignants, under censure both of Kirk and State, may be keeped out of places of publik trust, as that which much concerns the work of reformation and the preservation of the ordinances of God in their purity and power. These things ar no more then the servants of God hes done in all ages, and hes been our custome and care ever since the Lord restored us unto our liberties ; in which we have been alwayis allowed and commended of yourselves. And we could not have imagined that those men who ar incontrovertably guilty, and already under censure for their comply ance with the enemy, could so farre misinterpreted our proceedings with yow, or be- wrayed their own obstinacie in an evill way, as to find no better excuse for themselves then to accuse us. We never arrogated nor assumed to ourselves any judgment either upon the civile debates or in the mater of their ryet against the Presbyterie, but have only from our zeale of the work of reformation and desire to preserve the judicatories of the Kirk in their integrity and strenth, humblie represented the dangers that these mens practises threattens unto both, and supplicat for ane redresse of the samin, — a duety so innocent that it is mater of wonder unto ws that any should have been so bold as to traduce the samen ; and certainly such ane calumny could not have flowed from 128 PROCEEDINGS OE COMMISSION [26 NOV. any but from spirits long socked 1 in malignancie. And therfor, as we do renew the desires of our former supplication uuto your honours concerning these mens cariage, so wee trust that their paper shall leave no hard impression of us in your hearts, but that vow will take notice therof as that which tends much to the weakning of our hands in the work of God, and exposing us unto the misconstructions of the people, and opens a doore to the slanders of the Kirk judicatories, and is intended to raise jealousies, which is one of the mayne designes of all the adversaries of truth and peace, and wee ar confident shall be no lesse carefully shunned by your honours and us both, then it is studied by them. And that therfor vow will so censure this practise, which hithertills hath been without paralell since the begining of the work of God amongst us, that it be not a precedent to embolden others to hazarde upon such dangerous and presumptous attempts against the judicatories of the Kirk. 1 For preaching This day Mr. Johne Moncreiff'appovnted to pray in the Parlia- Pa?iia r ment g ment to morrow, and Mr. William Bennet and Mr. Johne Nevey to preach the next Lords day, and that Mr. Patrik Colvill and Mr. James Simsone preach for Mr. William Bennet in his kirk. The next meeting the morne at ten houres. Edinburgh, 26 November 1646. This day, that the brethren might attend the Parliament who wer therunto appoynted, the Commission adjourned untill the morne in the afternoon. Edinburgh, 27 November 1646, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. William Bennet: Mr. Robert Murray: Mr. James Bonar: Mr. William Colvill : Mr. Andro Cant: Mr. James Guthrie : Mr. Johne Moncreiff: Mr. Patrik Gillaspie : Doctor Colvill : Mr. Robert Ramsay : Mr. Evan Camron : Mr. Patrik Colvill : Mr. Thomas Donaldsone : Mr. George Young : Mr. Andro Eliot. Elders. — Laird Dudingstoun : Libbertoun : Glanderstoun : James Stuart : Thomas Patersone : Lawrence Henrysone. The Commission continues to give ansuer to the petition of Johne Stuart of Scheirglasse untill they heare himself personally present. This day the petition of Mr. Robert Innes recomended to the Commission of Parliament for planting of kirks. 1 In the Acts of Parliament the word is sopped. 27 NOV.] OF GENERAL ASSEMBLY, 1646 129 The Com mission, taking to their consideration a letter from Act anent the Presbvterie of Dunkeld shewing the inability of the most James Ml f ra y s & •> payment furth part of them to mak payment to James Murray of his fees and o f the pres- books, do understand by his relation that from the begining Dunkeld!" he lies never gotten payment of any thing from them, and yet notwithstanding, sent them yeirly the whole Acts of all the Assemblies and other printed papers that wer direct to the rest of the Presbyteries. And considering therby his great losse bv the foresaid want ; and als considering that when they wer able to pay him they did it not, Finds that the said Pres- bytery ought to satisfy him of all that is due, and recomends the way how it shall be efFectuat to the Presbyterie and those who ar joyned with them out of the tuo neigbouring Pres- byteries of Perth and Ochterardour for planting of the vacand kirks of the said Presbyterie of Dunkeld, and they to report their diligence fcherin to the third quarterlie meeting of the Commission on the secund Weddensday of Februar next. This day the petition given in by the pretendit Magistrats Pretended of Glasgow, concerning the paper given in by them to the Giafgow. t6S ° severall bodies, being considered, and themselves heard, the Commission wes not satisfied therwith. 1 The Commission, considering the necessitous condition of Recomendation Mr. Alexander Reid, in the Presbyterie of Dumblane, do ^ r ei £ lexander seriouslie recomend the same to presbyteries, and that the letter following be writtin to that purpose : 6 Reverend and loving brethren, — The necessitous and Letter to Pres- lamentable condition of our brethren of the ministrie in the recomendation Presbyterie of Dumblane by the crueltv of the rebells lies bene^^ n s ^^^ manifestly expressed unto us, and particularly that Mr. Alex- ander Reid, minister ther, hath his houses, cornes, books, and whole goods burnt and destroyed, and himself and family utterly spoyled of all means of lyvliehood : Therfor these ar 1 The supplication bore that what they had done was ' out of mere ignorance, and that it was never their intention ' to charge the Kirk as intermeddlers with civil debates, knowing that what they do is out of their zeal for the good cause,' and they expressed themselves ' heartilie sorie' for their offence. The Parlia- ment, however, as well as the Commission, was not yet satisfied, and, on ist December, it ordered James Bell and Colin Campbell, who had given in the supplication, to ' enter their persons in ward within the tolbuith of Edinburgh.' — Acts of the Parliaments of Scotland, vol. vi. Pt. I. pp. 625-627. I 130 PROCEEDINGS OF COMMISSION [27 nov. Lady Fren- draught. Praying in Parliament. Approbation of Mr. Robert Douglas de- portment in Parliament con- cerning the peace. Edinburgh, 27 November 1640. earnestly to recomend his deplorable condition to your charities, that he and his family may have some means of subsistance. What yow ar pleased to contribut for his necessity, let it be sent with diligence heir to Edinburgh, to James Murray, whom we have appoynted to receive it and convey it to him. Ex- pecting your care herein, we remaine, Your loving brethren, The Commissioners of the Genera ll Assembly.' Concerning the petition of the Lady Frendraught, this day presented, the Commission thinks fitt to send it to the Pres- bytery of Strabogy, with a letter containing their opinion ; tenor wherof followes : — 4 Reverend and loving brethren, — Wee have sent yow this petition of the Lady Frendrauchts, which she hath caused present unto us, being unwilling to medle in the particular as more propper for yourselves. Only in our opinion, if she be content to be a hearer of the Word at Forg, and give obedi- ence there, it wer hard to proceed against her, as dissobedient, with excommunication. But we remitt it to your own wis- domes and discretion, remaining, Your loving brethren, Edinburgh, The Commissioners 27 November 1646. of the Generall Assemblie." Direct : To their reverend brethren of the Presbyter le of Strabogie. The Commission appoynts Mr. Robert Ramsay to pray the morne in the Parliament, and Mr. David Dickson the next dyet of their Lordships meeting, and that these tuo brethren, with Messrs. Evan Camron, Allan Fergusson, and Andro Eliot, attend the Parliaments ansuer to the Vindication lately presented. This day Mr. Robert Douglas, Moderator, having made the Report following, that he, with the remanent brethren therunto appoynted, presented this forenoon to the Parliament (not find- ing opportunity to do it sooner in respect of their Lordships other great affairs) the Remonstrance, with the Overturs, and the other papers that wer to be delyvered ; after reading quherof they promised to tak the same to their consideration, and returne their ansuer so soon as conveniently could be. ,27 NOV.] OF GENERAL ASSEMBLY, 1646 131 That after this wes done, the said Mr. Robert, hearing of a paper given to the Parliament from the Committee of Estates concerning their concluding the peace with the rebells, quhairin there wer some reflections upon him and some other brethren, did delyver some things for clearing himself, and for vindicat- ing also the Kirk from any interest in that peace, which that paper seemed to import and intend. And Mr. Robert having so expressed himself, the ministers and elders present being removed, and after long attendance called in againe, the President shew that after much debate the Parliament found that the mater is of so hie concernment that it can not be presently ansuered. Notwithstanding, in the meantyme they had voiced that the conclusions of the Committee concerning that peace should be that day taken to consideration without more delay. 1 The Commission of Assembly, considering the said Report, and having heard Mr. Robert repeat what he spoke in face of Parliament, do, with all thankfull acknowledg- ment of his care and faithfulnes, vnanimously approve what he then delivered, desyring that he may still vrge the recording of it in the books of Parliament, and the obtaining their Lord- ships ansuer therunto. And in the meantyme ordains it to be insert in the records of this Commission, and that the said Mr. Robert put it in wryting to that effect. 6 Report by Mr. Robert Douglas of his deportment m Par- Mr. Robert liament about the Report of the Committee of Estats R°por\%ub- concerninp the peace with the Rebells. scrived by him- ° 1 self, appoynted ' After the Remonstrance, Overtures, and other papers pre- to be recorded, sented from the Commision of Assembly to the Parliament wer read, and the President had delivered the Parliaments ansuer, which wes, — That their Lordships wer to take the same to consideration • — Mr. Robert Dowglas, being informed that in the Report given to the Parliament from the Committee of Estates tuiching their proceedings in the peace with the rebells some of the ministrie wer concerned, humblie desired, seing 1 An Act was passed by the Parliament that very day approving of what the Committee of Estates had done 'anent the bringing aff of the rebells,' but neither the Report of that Committee, nor the Report of Mr. Douglas, is inserted in the Records of Parliament. See Acts of the Parliaments of Scotland, vol. vi. Pt. I. pp. 623, 624. 132 PROCEEDINGS OF COMMISSION [27 NOV. that Report wes not yet appro ven, that these passages therof concerning ministers might be read, and they heard upon the same, before their Lordships entered upon the debate of. the matter. Which accordingly being then instantly granted, the said Mr. Robert expressed himself to this sense : — 4 That forasmuch as the Committee of Estates in their Report affirmed that in the mater of the peace with the rebells they did not conclude anything till they consulted with the ministers in towne, and for that end sent for the ministers of Edinburgh, to quhom the instructions wer red, but they declyning to give a present opinion, wer allowed to think on it till the next day, and in the interim wer desired to consult with others of their brethren : And accordingly the next day Mr. Robert Dowglas, Mr. Robert Blair, and some others, appeared and declyned to give an advyce, being only in the capacity of privat persons ; yet did they not object against the thing, nor expresse any maner of dislyk of it : Therfor he humblie offered these his present thoughts for his own clearing, craving likwise that others concerned in the mater might be also heard for them- selves in due tyme. First, That he wes none of those ministers to whom the instructions wer read, neither did he consult with any upon the bussines, nor did he ever heare of it untill he wes called off the street (whilst he wes going to Newcastle), to come to the Committee about that mater. 2dly, That he did only declyne at that time and in that place his opinion as a privat man, being so unexpectedly brought there, and that not only becaus it wes a mater of higher consequence then become any privat man to medle with without more tyme and counsell, but because it wes then told that there wes an Act of Parliament for it, and that it wes a thing already concluded and done. In which case, as he then expressed, he conceived it not seasonable to give a positive opinion, and doubted to what purpose they then craved it, seing they professed the mater to be warranted by the Parliament, and themselves already engadged in it. 4 These things premitted, it wes his humble and earnest desire, becaus he wes particularly named in the Report as declyning to give opinion in the mater, that whilst it wes yet time, before they should tak the Report to further considera- i dec] OF GENERAL ASSEMBLY, 1646 tion, or enter upon the debate of the approbation therof, their honours would be pleased to receive his opinion, which he should be ready to give in wryting ; conceiving himself bound in conscience to tender the same with all submission to their Lordships, to be keeped upon record with the aforesaid Report, for his further cleiring : Declaring and protesting, howsoever, that notwithstanding any thing already done, or which may be done heirafter by the Parliament or Committee, yet the Kirk, from the hiest judicatorie to the lowest, hath no accession at all to that peace ; and if the Parliament shall approve the Committees conclusions concerning the peace, that it be with- out prejudice of the libertie of the Kirk and of the servants of God, to exoner their consciences according to his Worde and the constitutions of this Kirk. Subscribitu?', Mr. Rot. Dowglas.' The next meeting on Teusday at tuo afternoon. Edinburgh, prima Decembris 1646, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. John Oiswald : Mr. Andro Cant : Mr. James Guthrie : Mr. Patrik Gillaspie : Mr. John Knox at Dalkeith : Mr. Patrik Colvill : Mr. James Bonar : Mr. William Dalgleish : Doctor Colvill: Mr. William Bennet : Mr. John Adamson : Mr. David Dickson : Mr. John Knox at Selkirk : Mr. John MoncreirT: Mr. John Nevey : Mr. Robert Ramsay: Mr. Andrew Eliot : Mr. John Weir: Mr. Robert Murray. Elders. — Lord Marques of Argyll : Earle of Craufurd Lyndsay : Earle Mershell : Earle Glencarne : Ear]e Cassillis : Lord Balmerino : Master of Yester : Laird Cunnyng- hamhead : Laird Brodie : Laird Lammingtoun : Laird Clerkingtoun : Laird of Arneistoun : Laird of Dudingstoun : Laird of Libbertoun : Laird of Glanderstoun : Laird of Wedderlie : George Gairdin : Johne Sempill: Thomas Paterson. This day the summons of the parishioners of Leyth against Mr. johne Mr. Johne Smith continued untill Thursday next. Smith ' This day, by occasion of a petition from James Ogilvy, the James Ogilvie. Commission, entering upon the consideration of the maner of his relaxation, and particularly concerning the habit, after much debate, Finds that they can not dispense with saccloath, and appoynts Messrs. David Dickson, Robert Murray, Andro Cant, William Colvill, William Bennet, Johne Moncreiff, James Bonar, James Guthrie, Johne Nevey, Lord Craighall, Lairds Libbertoun, Dudingstoun, and Glanderstoun to con- 134 PROCEEDINGS OF COMMISSION [2 DEC. feme upon the place and dyets of his satisfaction, and to report their opinions. This day all summonds and references continued untill the morne. The Commission appoynts Mr. William Colvill to pray the morne in the Parliament. The next meeting the morne at 8 hours. Edinburgh, 2 December 1646. ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Andro Cant: Mr. Robert Ramsay: Mr. John Nevey: Mr. Robert Murray: Mr. John Knox at Selkirk : Mr. John Weir : Doctor Colvill : Mr. Evan Camron : Mr. William Colvill : Mr. David Dickson : Mr. James Guthrie : Mr. Patrik Gillespie: Mr. Patrik Colvill: Mr. John Moncreiff: Mr. Thomas Donaldson: Mr. John Knox at Dalkeith: Mr. David Drummond. Elders. — Lord Craighall : Clerkingtoun : Libbertoun : Duding-stoun : Glanderstoun : Thomas Paterson. Kirk of Mony- The Commission appoynts a letter to be writtin to the Pres- byterie of Ochterardour, recomending to them the speedie planting of the kirk of Monyvaird. Petition to the Concerning the Election of the Magistracie and Counsell in ceming the elec- Aberden, the Commission appoynts the petition following to tion of Magis- k e preS ented to the Parliament : trats in Aber- r 4 The Supplication of the Commissioners of the Generall Assemblie vnto the high Court of Parliament anent Aberden. 4 Since it pleased our Lord to sett us upon the work of Re- formation, nothing hath bene more endevoured and studied by us then the reforming of those prime and cheeff cities, where greatest corruption under Prelacie did prevaill. It hath bene therfor our care, not without good lyking, approbation and concurrance of so many of your honours as God hath given now and then a call unto to sitt with us in our assemblies, to plant these places with honest men whom wee thought fittest to that purpose. But when we do heare and see that men, evillwillers and adversaries rather then freends, ar put in places to rule and beare sway as cheeff' office-bearers in magis- tracie and counsell within these cities, and diverse of the best affected violently thrust off and borne by, it can not but be a mater of greeff* and of just complaint to us ; because therby 2 dec] OF GENERAL ASSEMBLY, 1646 135 the laudable intentions both of your honours and of us your servands ar frustrated, and the hearts of our beloved brethren sent by ws thither, whose studie it is to be fund faithfull, much grieved and their hands sore weakned. As therfor we have laid before your honours the mater of Glasgow, which wee hope yow will take into tymous and serious consideration, so we could not forbeare, but yet again, as wee have often done before, in name and at the command of the Generall Assemblie, from whom we have our trust, represent unto your honours our great greevance and offence at that election of magistrats and counsellers made in Aberden in September 1645 by rebells excommunicat, according to an Act which wee have in readynes to present, the particulars quhairof, being well examined, shall evidence what just mater we have to com- plaine. When your honours did sitt at St. Andrews and caused cite before yow those persons so elected, and did cast their commission wherwith they had cloathed some of their number to sitt and vote in Parliament, wee apprehended that there should bene no need of any supplication from us, let be of so many, for redresse. Neither had these persons at that time any such hopes and presumptions as since they have had and now have. Wherfor, conceiving that election to be farre contrary to the ends of our Covenant and obstructive to the work of Reformation there, wee do earnestly intreat and humblie desire that your honours will consider of that pro- cesse, and put such an end to it as may contribute for the promoving of the work of God, and strenthning the hands of the well affected in that place. Wee need not lay before yow what influence that cittie hath upon all the northern parts of the kingdome. Many sad experiences hes sufficiently taught the same unto us, and wee can have small confidence to expect any better fruits for the tyme to come, wnless all places of publik trust within it be carefully seen to, and not continued in the hands of men who have complied with that proude and insolent enemy, and ar under proces for the samen, but be committed unto such as ar of unquestionable and appro ven integrity ; which wee ar persuaded will be no less zealously studied by yow then it is earnestly desired by us Your humble supplicants.' 136 PROCEEDINGS OF COMMISSION [2 dec. Followes the copie of the Act mentioned in the petition made by those excommunicat rebells, James Gordon, sumtyme Viscount of Aboyn, and Irwin, 1 som- tym of Drum. ActofAberden ' At Aberden, 15 September 1645. — Sederunt: — Johne Hay, somtime Lord* 6 Thomas Mortimer, Patrik Leslie, younger, baillies ; Doctor Aboyn for the Patrick Dun, James Collison, thesaurer, Mr. Alexander election of , 7 7 / Magistrats Meinyies, James Robertson, Patrik Dobie, Thomas Gray, Alexander Ramsay, Thomas Mowat, and Johne Scott, taylour. The quhilk day the persons of counsell of the said burgh above mentioned being conveened at comand and direction of James, Viscount of Aboyn, having forces with him in the town, and compeiring personally himself in counsell, signified to them the propositions following : — viz., First, That the persons under- named, given in be him in a roll, viz., Mr. Robert Farquhar, provest, Patrik Leslie, late provest, Robert Cruikshank, Alex- ander Forbes, Patrik Leslie, younger, bailly, Walter Cochran, Mr. William Moore, James Collison, Thomas Mowat, Alex- ander Lummisden, Mr. Thomas Lummisden, Alexander Jaffray, Johne Jaffray, and William Blackburne should be excepted, and have no voice in counsell in the yeir to come, nor at the ensuing election ; Secundly, That the inhabitants of this burgh should be presently put in a postur of defence, and captains chosen for that effect, otherwise he would leave a garrison in the town ; Thirdly, That the customs should be collected by Thomas Nicolson ; Fourthlie, That diverse letters sent be our ministers and others to the magistrats and counsell of this burgh should be delivered to him be the Clerk on his great oath sworne ; quhilk four propositions he would have instantly effectuat and granted be the said counsell ; and for that effect left and appoynted William Gordoun of Arradoull and Mr. William Gordoun, advocat, to stay and remaine in counsell till the saids propositions wer voted and concluded. And the forenamed baillies and counsell having considered the foresaid, and finding no possibility for the present to resist the same, concluded to give way therto for the tyme." — Eoctractum etc. . Subscr'ibitur, M. Pat. Chaiaieh. 1 Sir Alexander Irvine of Drum. 2 DEC] OF GENERAL ASSEMBLY, 1646 137 The summonds against the Laird of Halyburton continued Haiiburton. until the afternoon. This day four witnesses judicially examined in the mater con- Air. James cerning Mr. James Layng, the remanent delayed till afternoon. Layng - This day the Commission recomended to the brethren in Sir William towne who should be appoynted to attend the Parliament, to Dlck ' assist Sir William Dicks desires to the Parliament, conforme to the recommendation of the late Assembly. This day the brethren appoynted to conferre upon James James Ogiivie. Ogilvyes satisfaction made their report, which the Commission continued untill the afternoon, appointing the said James Ogilvy to be then personally present. Eodcm die, post meridiem. Sederunt omnes except Doctor Colvill qui in Sessione precedenti, cum Mr. AVilliam Bennet : Mr. Andro Cant : Laird Lammingtoim : and Laird of AVedderlie. Concerning the petition of Mr. James Vrquhart this day Mr. James presented, it is the opinion of the Commission that he be Urquhait - continued under suspension till the next quarterly meeting of the Commission in Februar, and in the meantyme that the Presbyterie provyd an expectant to preach at his kirk. This day Halyburton appeiring personally, desired that the Halyburton. paper bearing the words spoken by him upon the 22 August might be read, wherin these words ar expressed both as they wer alleadged by Mr. James Guthrie, and as they wer con- fessed by himself, which accordingly wes done. Tenor of the said paper folio wes : — 22 Augusti 1646. Mr. James Guthrie alleadges that Halyburtoun said diverse The words tymes to him— Sir, I shall prove it before King Charles that hSKSS^ yee have made my house a bawdiehouse. befor theCom- mission on 22 oubscribitiir, M. J. Guthrie. August, com- , . plained of by Halyburtoun sayes that he spoke thir words : 1 have just Mr. James occasion to think yow have made my house a bawdiehouse. Guttene - and I will tell it before King Charles. Subscribitur, Alexander Home. 138 PROCEEDINGS OF COMMISSION [2 dec. Halyburtoun also further said before the Commission that he had made it appeir already if it had bene taken notice of. Subscribitur, M. W. Bennett. Haiiburton and This day Halyburtoun denying the words as they wer sub- Guuede! eS scribed by Mr. James Guthrie, the said Mr. James declared that though he could make it appeir that Halyburtoun spoke the words in the terms he alleadged, yet he wes content to adhere to the terms Halyburtoun confessed, desyring that the Commission might take them to consideration in these terms. As also that they should tak notice of the words spoken be him which ar subscribed by Mr. William Bennet. moderator for the tyme. Act finding The Commission, considering the words spoken by Haly- Halyburtoun a ' & r . siaunderer. burtoun upon the 22 of August, subscribed by himself, and the words subscribed be the Moderator, Mr. William Bennet, Finds that therby he lies slandered both the Commission and their brethren, Mr. James Guthrie, Mr. James Simsone, and other ministers and gentlmen. And becaus that after some peremptory dyets given to Halyburtoun to insist in the proba- tion of the particulars in the paper given in be him, that he lies brought no witnesses ; and seing he is now found guiltie of slander, the Commission thinks it not necessare that he be urged to insist further in the mater, and that the brethren interessed be desired not to urge his further insisting therin, and appoynts Halyburtoun to appeare againe the morne. Haiiburton. The Commission appoynts Messrs. David Dickson, William Bennet, Johne Moncreiff, William Dalgleish, Lammingtoun. and Libbertoun to consider what should be further done in Halyburtounes bussines, and to report their opinions. Ordinance for The Commissioners of the Generall Assemblie, having con- Rekl S at?on. 16S sidered the frequently reiterat petitions of James Ogilvy, both to themselves and to the General! Assembly, for his relaxa- tion from the sentence of excommunication, wherin he repre- sented his unfained greeff of heart for the offences for which he wes excommunicat, with his sense of the weight of that dreadfull sentence under which he hes lien above these tuo years and an half; and especially taking to their consideration an humble declaration and confession under his own hand, of his sorrow for his accession to these rebellious wayes and courses for which he wes excommunicat, sinceirly 2 dec] OF GENERAL ASSEMBLY, 1646 139 acknowledging the justice and equity of that sentence, and that he justlie lyes all this tyme under the same, both for the offences therin mentioned and for his persisting in these courses after the said sentence and his coming out of the tolbuith of Edinburgh ; earnestly desireing that he may be reconciled to the Kirk and relaxed from that heavy sentence under which he hes long groaned, and promising by the Lords assistance to witnesse the sincerity of that his acknouledgment by a duetyfull and circumspect cariage in tym coming : all which he declares and promises as in the sight of God, as that declaration subscribed be him at more lenth proports : And the said James having often appeared before them personallie and expressed himself verbally to the same purpose ; and this day againe having with humble acknouledgment of his said offences renewed his desires with great earnestnesse to be absolved from that sentence : The Commissioners of Assembly after serious examination of the premisses, that the publik scandale of these offences may be removed, and the frequent desires of the said penitent may be granted, Do therfor. according to the power committed to them, appoynt him to appeare tuo severall Sabboth dayes before the congregation in the Eist Kirk of Edinburgh before noon, after the prayer which is immediatly before sermon ; the first day, which shall be the next Sabboth, presenting himself gravely in his own habite before the pulpet, where, after the sermon is ended, the minister shall admonish him of his said offences and prepare and incite him to a further sense therof, and to sincerity in the publik declaration of his repentance, which he is to make before the congregation the next day : The Sabboth nixt therefter, being the 13th of this moneth of December, he shall againe present himself in the same place in sackcloath, and after sermon, humblie upon his knees, make ane full and distinct acknow- ledgment of all his offences abovementioned before God and the congregation. All which being done, the Commission of Assemblie ordaines and authorizes their brother, Mr. Andro Cant, who shall preach that day for that purpose, after receiv- ing the penitents humble confession in maner aforesaid, ix the name and authority of Jesus Christ, to relaxe and absolve him from the sentence of excommunication pronounced against him, receive him againe to the communion and fellowship of 140 PROCEEDINGS OF COMMISSION [3 dec. the faithfull, and restore him again to the priviledge of partici- pating of the Lords Supper and remanent ordinances, and to the fruition of all the benefits of the Kirk, according to the order prescribed in the like cases. 1 Order for The Commission appoynts the Moderator, Messrs. David ddelftoreceive Dickson, Robert Murray, Robert Lawrie, Lord Craighall, Laird James Ogiivy. Libbertoun, with an elder out of eyrie Session of this citie, to be present at the relaxation of James Ogilvie, that after the sentence is pronounced, in testimony of his reception within the Kirk, they may receive him by the hand according to the accustomed order. Thanks to the The Commission being informed that the Parliament had so punishing 1 f °' farre taken notice of their complaint that their Lordships had C^inCampben comm ^ted James Bell and Coline Campbell to vvarde, who had given in the scandalous paper complained of, and appoynted them to satisfie the Commission, therfor they desire the Moderator to returne their Lordships most humble and heartie thanks. The next meeting the morne afternoone. Edinburgh,?* December 1646, post meridiem. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. William Bemiet : Mr. Andro Cant: Mr. James Guthrie : Mr. John Nevey : Mr. John Knox at Selkirk : Doctor Colvill : Mr. Patrik Gillaspie : Mr. William Dalgleisch : Mr. Robert Douglas : Mr. Johne Adamson : Mr. David Dickson : Mr. Johne Moucreiff : Mr. Johne AVeir : Mr. Thomas Donaldson : Mr. John Knox at Dalkeith : Mr. Patrik Colvill : Mr. Robert Murray. Elders. — Lord Angus : Lord Balmerino : Lord Craig- hall : Laird Libbertoun : Laird Glanderstoun : Laird Dudingstoun : Thomas Patersone : George Gairdin. Mr. Alexander Concerning the desire of the Commissioners, from the Presbv- Bfgga?. St ° Un f ° r terie of Lanerk, and the patron and paroshiners of Biggar, for advice tuiching the transporting of Mr. Alexander Levingstoun to Biggar, it is the opinion of the Commission of Assembly that the said Mr. Alexander may be transported to the said kirk of Biggar. Continues the summonds of transportation against Mr. Johne Smith untill the morne in the afternoone. Preaching and This day Messrs. David Dickson and Robert Blair appoynted Pa^Uament. 1116 to preach in the Parliament the next Lords Day, and that Mr. 1 See Henderson's Government and Order of the Church of Scotland, p. 44, for the order prescribed. 4 dec] OF GENERAL ASSEMBLY, 1646 141 John Moncreiff pray there the morne and Mr. Patrik Gillespie on Saturday. The Commissioners of the Generall Assembly, having con- Suspension of sidered the summonds raiset against Mr. James Layng, and Layng. m6S after hearing himself, diverse tymes personally present, having found by his own acknouledgment and by the deposition of diverse witnesses, that he went to the place of Calder where that excommunicat rebell James Grahame wes, to procure pro- tection from him, and that he went into his chalmer with the umquhyll young laird of Innerleith to that purpose, Do therfor suspend the said Mr. James from all exercise of his ministrie untill the quarterly meeting of this Commission in Februar next, and appoynts Mr. Johne Charters, minister at Currie, to intimat this sentence in the Kirk of Kirknewtoun the next Sabboth, the sext day of this instant moneth of December. The Commission appoynts Messrs William Bennet, Robert Concerning the Murray, Andro Cant, Johne Moncreiff, James Guthrie, with the f™$§ 1 of th€ Moderator, Cunynghamhead, Libbertoun and Dudingstoun to Glasgow, assist the complaint of the Synod of Glasgow for the affront done to the Presbyterie, and that thev represent to the Parlia- ment that Coline Campbell and James Bell have never yet addressed themselves to this Commission ; and that they also crave ansuere to the Remonstrance, Overturs, and the paper concerning the election of the Magistracie in Aberdene. The next meeting the morne. Edinburgh, 4 December 1 646, post meridiem. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. William Bennet: Mr. Johne Smith: Mr. Patrik Gillespie: Mr. Johne Weer: Mr. Robert Murray : Mr. Evan Camron : Mr. David Dickson : Mr. Robert Douglas: Mr. Andro Cant: Mr. Patrik Colvill : Mr. Johne Nevey : Mr. James Guthrie: Mr. Thomas Donaldson : Mr. Johne Mon- creiff: Doctor Colvill: Mr. William Colvill. Elders. — Lord Marques of Argyle : Lord Balmerino : Lord Craighall : Laird Libbertoun : Laird Brodie : George Gairdin. Touching the petition of James Bell and Coline Campbell Desire of James this day presented, the Commission grants the first of their Campbeiis 0lme desires and appoynts Mr. Robert Douglas, Mr. Andro Cant and enlargement. Libbertoun to present to the honourable Estates of Parliament their thankfull acknowledgement of their Lordships resentment of their complaint; and that now being satisfied by the 142 PROCEEDINGS OF COMMISSION [4 dec. offenders submissive confession of their offences, they ar become suters to their Lordships for their enlargement. 1 And for the other desires of the petition, the Commission is to take the same to further consideration. Continuation Concerning Halyburtouns satisfaction in the mater of the difFebruar 11 slander lie wes found guilty of yesterday, the Commission with an order continues the consideration therof untill the next quarterly for Mr. Andro .. . , . . i-ii Cant to go to meeting 111 rebruar. And in the mean tyme, that their brethren may be cleared, appoynts Mr. Andro Cant to preach at the Kirk of Gordon upon the 24th of this moneth, and that the Presbyterie of Ersiltoun and some brethren of the Presbyteries of Kelso, Dunce, and Chirnside meet there the said day to heare the said Mr. Andro, and to receive full information from him of the whole progresse of that mater ; and that letters be writtin to that purpose : And Halyburton, personally present, warned hereof apud acta. Desire of Leith This day certaine of the toun of Leith having presented a Alexander petition in favour of Mr. Alexander Gibson, their present Gibson refused. m i n j s ter, the Commission, before they entered upon the con- sideration of the transportation of Mr. Johne Smith to the said kirk of Leyth in Mr. James Sharps place, having taken the desire of the said petition to their consideration, thinks that the petitioners have wronged the Lord Balmerino, patron, in that they doe not comply with his choyse, of whose knowledge, pietie, and conscience they may have verie great confidence ; and therfor desired them to desist from this or the lyk petition, that he might have that freedome to vse his right allowed to him be the law, which is nowayes to prejudge them of their laufull objections, against any man offered to them, in an orderly and convenient way. Absoivitur, Mr. Concerning the summonds raiset at the instance of the froni^ra^port- parishioners of Leith for Mr. Johne Smiths transportation, the mg to Leith. Lord Balmerino and certaine other of the paroshiners of Leith compeiring and presenting a petition for the said Mr. Johnes transportation, and the said Mr. Johne compeiring personally, with the young Laird of Hallhill, George Gairdin, and certaine others of the paroshiners of Burntiland, producing reasons 1 Warrant was given by the Parliament for their liberation the same day, after hearing the 1 verbal relation of Mr. Ro fc . Douglas. ' 9 dec] OF GENERAL ASSEMBLY, 1646 143 against his transportation, the Commission, according to the power given to them by the Assemblie, having heard the said parties, and seriouslie considered the whole reasons for and against the said transportation, Finds that the desire of the paroshiners of Leith for Mr. Johnes transportation can not be granted, and therfor decerne and ordaine the said Mr. John Smith to continue in his charge at Burntiland notwithstanding therof, absolving him from the same and from the summonds raiset theranent. Because of the unfrequencie of the meeting, the Commission Letters to thinkis fitt that earnest and peremptory letters be writtin to Presb y teri( their brethren of this number, for their coming to this toun, and to Presbyteries to supplie their places in their absence. Mr. Johne Weir appointed to pray the morne in the Par- liament, Mr. Mungo Law on Twesday, Mr. John Oswald on Weddensday. The next meeting on Teusday. Edinburgh) 9 December 1646, post meridiem. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. William Bennet : Mr. Andro Cant : Mr. David Dickson : Mr. John Nevey : Mr. Johne ^Veir : Mr. Robert Douglas : Mr. Johne Oswald : Mr. Robert Murray: Mr. Robert Lightoun : Mr. Patrik Colvill : Doctor Colvill. Elders. — Lord Craighall : Laird Brodie. The Commission having considered the petitions of Mr. Recomendation Frances Omey, and heard himself, personally present, thinks fitt o^ey. Frances that the Presbyterie of Dunkeld continue and suspend the pronouncing of the sentence of excommunication against him untill the next Generall Assembly, except he fall in some other offence, and the said Presbytery in the mean tyme is to take notice of his behaviour, and to report the same with the evidence of his repentance to the Assembly. The Commission thinks fitt that it be recommended to the Lord Gray, Parliament that their Lordships may be pleased to take course (J^and jarnes for the Lord Gray, Collonell Hay, and James Hamiltoun, Hamiltoun. their going out of the kingdome, according to the censure put upon them for their malignancie. Messrs. Johne Annan and Alexander Gairdin appoynted to Preaching and preach in the Parliament House the next Lords day, and Mr. parliament John Weir to pray the morne. Concerning the desire of the petition of the paroshiners of Kiiiiieach. 144 PROCEEDINGS OF COMMISSION [9 dec. Recomen ela- tion to the Thesaurer for the 500 lib. sterling. Mr. Alexander Gairdin and Mr. Andro Massie. Tnnernes. Ministers for Lothian and Levingstons regiments. Killileach in Irland, in respect of the late General Assemblies intimation of preferring the desire of the paroshiners of New- toun for Mr. John Levingstoun, but especially the Com- mission finding it not fitt to loose any of their brethren from a setled charge in this kingdomc, in regard of the condition therof and the present estate also of the kingdome of Irland, therfor can not now grant the desire of the said petition for loosing the said Mr. John Levingstoun from his present charge in this Kirk. This day, the Moderator and Mr. Robert Douglas, with the Lord Balmerino, ar desired to speak the Thesaurer for paying the annuity of 500 lib. sterling granted by his Majestie in respect of the many publik affairs to be done therupon. Messrs. Andro Cant, David Dickson, and Thomas Mitchell ar desired to conferre with Mr. Alexander Garden, and to think upon some convenient overtur for some present help and supply to him and Mr. Andro Massie, in respect of their great losses and present necessities. This day it is recomended to the Moderator, and any other he pleases to call for, to think upon some way to be repre- sented to the Parliament, for helping the necessities of Innernes. This day lists being produced for a minister to the Earle Lothians regiment, viz., Mr. Andro Pringill in the Presbytery of Jedburght, and Mr. William Tuedy and Mr. William Pen- man in Kelso ; and for a minister to the Lord Levingstounes regiment, Mr. Johne Craigengelt in the Presbyterie of Stirling, and Mr. James Edmestoun and Mr. Harie Levingstoun : The Commission appoynts the said Mr. Andro Pringill and Mr. Johne Craigengelt for the said regiments respective, and that letters be writtin for their dispatch to these employments with diligence. The next meeting the morne afternoon. Edinburgh, 10 December 1646, post meridiem. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. William Colvill : Mr. David Dickson : Mr. Robert Murray : Mr. Robert Ligh- toun : Mr. John Weir : Mr. Patrik Colvill : Mr. Robert Douglas : Mr. William Bennet : Mr. Andro Cant: Mr. James Guthrie: Mr. Johne Nevey : Doctor Colvill. Elders. — Lord Craighall : Laird Libbertoun : .Tames Stuart : Thomas Paterson. io dec] OF GENERAL ASSEMBLY, 1646 145 Killileach. The Commission of Assembly recomends to the Presbyteries Recomenda- of Perth, Auchterardor, Dunkeld, and Dumblane, to take |^°pSh* y " special] care that in their receiving publik satisfaction of the Auchterarder, . m. • j «.i .i i n i Dunkeld, and mahgnants, or any person that joyned with the rebells, that Dumbiain, con- tlieir acknowledgment and confession of their offences be par- nTnTs^atTsfa? ticular, and not verball only, but in wryting under their hands. tion in %vritt - The Commission of Assembly recomends to the Presbyterie Kirk of Monzie. of Auchterardor to try and visite the commodiousnes of situa- tion of the kirk of Monyie for the benefit of the congregation, and therefter to do evrie thing incumbent to them before the judge competent for obtaining the kirk commodiously situat, and the congregation well accomodat. This day. Messrs. Robert Douglas, William Colvill, and The Mater of William Bonnet appoynted to desire the Parliament to con- Glasgow? a " d sider the complaint of the Synod of Glasgow, and the petitions concerning the magistrats there and in Aberdene. Concerning the petition presented this day be Willam Weir, Act concerning commissioner for Killileach. the Commission appoynts the Clerk to give out summons against Mr. Hew Hendersone and his paroshiners to ansuer to the desire of the said petition : As also appoynts Messrs. Johne Levingstoun, Harie Colwart, and George Hutcheson, to repare to Irland for visiting their dis- tressed brethren there, conforme to former order theranent : And likewise Messrs. Samuell Row, Alexander Levingstoun, and Harie Sempill, to repare thither for the same effect, according to the appoyntment of the late Assembly. The next meeting the morne at ten hours. There being few brethren present, they desired the Moderator to wryt for the brethren in the next Presbyteries earnestly and peremptorlv. Edinburgh, 15 December 1646, post meridiem. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. Andro Cant : Mr. William Bennet: Mr. John Moncreiff: Mr. Robert Ker : Mr. John Knox : Mr. James Guthrie : Mr. Patrik Colvill : Mr. John Adamsone : Mr. Robert Dowglas : Mr. Robert Murray : Mr. James Fleemyng : Mr. William Dalgleische ; Mr. John Smith: Mr. Johne Weir: Mr. John Nevey : Doctor Colvill : Mr. David Dickson : Mr. Andro Lawder. Elders. — Lord Craighall : Laird Libbertoun : Thomas Paterson. Mr. James Flemyng desired to pray in Parliament the morne, K 146 PROCEEDINGS OF COMMISSION [is dec. Praying and preaching in Parliament. David Grahame, sometyme of Gorthie. Committee to consult upon the present condition of affairs. Mr. Patrik Gillespie on Thursday, Mr. Jolme Smith on Fry day, Mr. John Annand on Saturday, and Mr. Johne Moncreiff and Mr. James Guthrie to preach upon the Sabboth. Concerning the petition of David Grahame, sometyme of Gorthie, for relaxation from excommunication, Messrs. David Dickson, Andro Cant, and Robert Murray, ar desired to con- ferre with him in this place after dissolving. The Commission of Assembly, considering the difficulties of the present affairs, and that the Parliament is now upon maters concerning religion and the Covenant, Therfor they doe desire that Mr. Robert Dowglas, Mr. Andro Cant, Mr. Johne Adam- son, Mr. Robert Murray, Mr. David Dickson, Mr. William Bennet, Mr. Johne Smith, Mr. James Guthrie, with the Moderator, Craighall, and Libbertoun, stay in the house after dissolving to consider the mater, and what is necessare now to be done by the Commission, and to report the result of their conference the next day : And in the mean ty me that other brethren consider also the premisses, and give in their opinion therupon. The Commission appoynts the Clerk to send advertisment to Presbyteries for intimating James Ogilvies relaxation. Edinburgh^ 16* December 1646, ante meridiem. Sederunt : — Ministers. — Mr. Robert Blair, Moderator. Mr. Andro ( ant : Mr. Johne Moncreiff: Mr. Robert Ker : Mr. Johne Knox : Mr. Patrik Colvill : Mr. David Dickson : Mr. Robert Doug-las : Mr. John Adam- sone : Mr. Patrik Gillespie : Mr. Adame Penman : Mr. Johne Weir : Mr. Robert Murray : Mr. James Flemyng". Elders. — Lord Craighall : Laird of Brodie : Laird of Libbertoun : Thomas Patersone, Orders to send Commission appoynts the Clerk to send a printed Cove- a Covenant to nan t to the Presbyterie at Newcastle, conforme to the desire of Newcastle. their letter, and that they be desired to take notice of all malignants and non-covenanters, and give information of them to the Generail, that his Excellence doe not admitt such to the armie. The Commission continues to ansuer Mr. Patrik Sibbalds desire untill the Master of Yester give a new list, which they desire he may do in respect of Mr. Patricks infirmitie. It is this day appoynted that a letter be writtin to Mr. Robert Traill to hasten him to Lovetennent Generail Lesly. 1 6 dec] OF GENERAL ASSEMBLY, 1646 147 Edinburgh, 16 December 1646, post meridiem. Sederunt: — Ministers, — Mr, Robert Blair, Moderator. Mr, Robert Murray: Mr. William Colvill: Mr. David Dickson: Mr. James Flemyng: Mr. Patrik C olvill : Mr. Robert Ker : Doctor Colvill : Mr, John Knox in Dalkeith: Mr. John Adamsone: Mr, James Guthrie: Mr, Robert Doug-las: Mr. Andro Cant: Mr, William Bennet : Mr, Johne Moncreiff : Mr, Patrik Gillespie : Mr, John Nevey : Mr. Robert Lightoun : Mr, William Dalgleisch : Mr. Johne Weir : Mr, John Smyth: Mr, Andro Lawder. Elders. — Lord Craighall : Laird Libbertoun : Laird Brodie : Laird Dudingstoun : Thomas Paterson. This day the petition of Elizabeth and Marjorie Campbells, Elizabeth and for themselves and other poor wedowes and orphans in Broad- Campbells, albane, recomended to the honourable Estates of Parliament, and Mr. Robert Murray, Mr. Andro Cant, Mr. James Fleming, and Libbertoun, appoynted to assist the said petition at the Parliament. The Commission having heard the result of the conference appoynted for the present condition of affairs, do approve of the draught of a generall Warning presented by them ; only desires the Moderator, and any other he thinks fitt to call for, to mend some expressions in it, and to add the particulars now mentioned. The next meeting the morne at ten hours. Edinburgh, 17 December 1646, ante meridiem. Sederunt omncs except Mr. Robert Ker et Mr. Johne Knox qui in sessione precedenti. This day the Parliament having thought fitt, for craving Preachers to the Lords assistance in the great and difficult affairs they by^hePariS^ ar now to enter upon, to keep a fast and humiliation to- ment - morrow in the Parliament House, the Commission appoynts Mr. Robert Douglas and Mr. Robert Blair to preach there the morne. The Warning, as it is now conceived, being again read and Approbation of considered, and being unanimously approven, the Commission 6 armn& * desires the Moderator, and Messrs. Robert Douglas, David Dickson, Andro Cant, John Adamson, William Colvill, with Craighall, Libbertoun, and Dudingstoun, to offer the same, with the petition following, to the Parliament : 148 PROCEEDINGS OF COMMISSION [17 DEC * To the honourable and high Court of Parliament the humble Petition of the Commissioners of the Generatt Assembly. Petition to the i Forasmuch as your honours ar upon debates and resolutions arliament. about these tilings that concerne Religion and Covenant, in which the Kirk hath a cleir and unquestionable interest, Therfor we do humblie desire that in all things which concerne the meaning of the Covenant and the work of Reformation, we may be allowed a tymous and full hearing ; and that in the meanwhile your Lordships will be pleased to heare a Seasonable Warning, which (from the conscience of our dutie and trust, in regard of the present dangers), we ar to publish in all the congregations of the land, and do now, for keeping of corre- spondence, offer unto your Lordships.' 1 • ./ Solemne and Seasonable Warning to all estates and degrees of persons throughout I he land, for holding j'ast the League and Covenant with England, and avoiding ererie thing that may prove a snare and tentation to the breach thereof : By the Com- missioners o f the Generall Assembly? The Warning. 1 The conscience of our duty and of the great trust reposed in us suffereth us not to be silent, or to connive at the present dangers which may justly be apprehended and expected from the enemies of this cause and Covenant ; who, although they cannot in this conjuncture of tyme appeare in the same maner as formerly they have done, yet having retained the same principles (while they seeme to lay aside their former practices), do in a more covert and dangerous way still drive at their own ends, and act in opposi- tion to the ends of the League and Covenant : And as Sathan is neither sleeping nor idle, though he appear not alwayes as a roaring lyon, so these who ar inspired and acted by him have their wheels 1 This Petition and the subjoined Warning were presented to Parliament, which at once instructed its ' great Committee to nominate some of their num- ber to conferre with the Commissioners of the Kirk upon the Petition and Wairn- ing.' The results of the conference appear unmistakably in the ' Instructions from the Parliament of Scotland,' given on 24th December to their Commis- sioners sent to the King at Newcastle, particularly in Nos. 6, 7, 8. See Acts of the Parliaments of Scotland, vol. vi. Pt. I. pp. 635, 636. 2 Published under the above title at Edinburgh by Evan Tyler, 1646, 4 0 ; also given in Rushworth's Historical Collections, vol. vii. p. 390. 1 7 dec] OF GENERAL ASSEMBLY, 1646 149 still moving, though sometimes they make no great noise. Wherfor, that we may tymlie and faithfully contribute what is incumbent to us for preventing or removing any occasions of new troubles or differences betueen the King and his people in both or either of those united kingdoms, or betueen the kingdoms themselves ; and least the Church of Christ and the true Reformed Religion be asfaine tossed with such another and perhaps a greater tempest in the deepth after we seemed to be neer the harbour, we have found it not only competent to our place and calling, but necessarie for us (according to former laudable presidents both old and late), to emitt this new Seasonable Warning to the people of God in this land, and to all estates and degrees of men therin ; whom we exhort that first and above all things they apply their thoughts to make peace with God, to take notice of the remaining and renewed tokens of divine displeasur against the land, to tremble at the remembrance of former, and appearances of futur judgments, to lament after the Lord, to lye low before the Throne of Grace, to cry mightily to heaven for dispelling that cloud of sin which separateth betueen our God and us, and for turning away that cloud of wrath which hangeth over our heads. There is cause to be humbled and to repent, as for all our iniquities, so for the too litle assistance which hath bein given to such as have borne the heaviest burthen, and suffered most in this cause, and for the too much compliance with and indulgence to many who have bene active in the late execrable rebellion. Wee know that none can reach the perfection of their duety, neither will the Lord reckon with his people according to his justice, but spare them who walk in the integrity of their spirits, as a man spareth his own sonne, so that they may rejoice in his mercy, notwithstanding of their shortcomings, wherin they doe not allow themselves. But wilfull neglects ar just grounds of a great controversie on the Lords part, and of deep humiliation on ours : And wee conceive that the failings of many ar such, because the Word of the Lord is a burthen unto them. And though they walk in the wayes of their own heart yet they say they shall have peace. Wee would have none that ar thus guilty to account light of it, and say, " Is it not a litle one ? " Evrie duty wherto wee ar obliged in the Covenant is of great consequence, and breaches even in smaller things prove inletts unto more grievous revoltings. ' When wee consider how many who wer once oppen opposers or secrete underminers, being received to the Covenant, yet remaine 150 PROCEEDINGS OF COMMISSION [17 dec. disaffected to the ends of the same, we can not but think that we walk in the midst of snares, and that mysteries of iniquity work amongst us, which may produce most sad and lamentable effects, unto the prejudice of our religion and liberties. Therfor because God hath no greater quarrell against a nation then that of a broken Covenant, let all who feare an oath remember the vows of God which ar upon them, " watch and pray," and take good heed that they be not cheated nor charmed into a violation of all or any of the articles of that sacred and solemne League and Covenant. And let these especially be observed and avoided who do or shall endevour a division and breach betueen the kingdoms, or the making of any factions or parties contrary to the Covenant, under pretence of preserving the King and his authority, whilst they do not constantly and sincerely prosecute and presse our frequent desires of his subscribing the League and Covenant and giving satisfaction in all things to the just desires of both kingdomes ; which underhand dealing can prove nothing els but an abusing of his Majestie for mens own designes. We wish that none suffer themselves to be deceived by any false glosses of the Covenant, under which some may possiblie urge the keeping of it, so as to draw us into a certain breach therof, and presse the defence of the Kings authority and of religion to engage us in those waves that would tend to the mine of both. Wee ar not now to presse the want of full satisfaction in the much desired work of Vniformity as the ground of a breach betueen the nations ; though we still conceive this nation will never be wanting to prosecute that work to the uttermost of their power in all lawfull waves according to the League and Covenant. ' These kingdoms, after many fervent supplications and faithfull endevours of all the lovers of truth and peace, have been happily united into a League and Covenant, which to this day hath been keept inviolably, notwithstanding of all the opposition of open enemies and plotting of secret vnderminers ; and wee are confident that none but such as have hearts full of atheisme and treachery will attempt the violation therof in whole or in part ; and that if any shall doe the same they shall expose themselves to the curse of Almightie God, who will be avenged upon all that sueare falsly by his name. We know that men of perverse mindes, wanting the feare of God, and measuring all things by their own ends, may conceive of it as alterable, or at least that all the clauses and heads therof ar not so to be stuck upon, but that some one or 17 dec] OF GENERAL ASSEMBLY, 1646 151 moe may be dispensed with upon civill advantages. But wee have not so learned Christ or his Word. Both nations have covenanted with God; and each of them with another, in things most lawfull and necessary for the preservation and good of both without any limitation of time : And therfor we and our posterity ar oblieged before God unto the observation therof " as long as the sun and moon shall endure." The sense of these things ought to be so deeply engraven upon the hearts of all that ar in trust, that as they should from their soules abhorre evrie thought of a breach with England, so should they carefully and wisely studie to avoid evrie thing that may prove a snare and tentation unto the same. Amongst other things, if his Majestie shall have thoughts of coming to this kingdome at this tyme, he not having as yet subscribed the League and Covenant nor satisfied the lawfull desires of his loyall subjects in both nations, wee have just cause to feare that the consequences of it may be verie dangerous both to his Majestie and these kingdoms, which therfor wee desire maybe timely prevented. ' For so long as his Majestie doth not approve in his heart and seale with his hand the League and Covenant, we can not but apprehend that according to his former principles he will walk in opposition to the same, and study to draw us unto the violation therof, and the dissolution of the vnion so happily begun betueen us and our brethren, to w T eaken the confidence and trust, and to entertain jealousies and make divisions amongst ourselves. Neither is it possible but that our receiving him in this present posture of affairs will confirm the suspicions of the English nation of our underhand dealing with him before his coming to our army, and make them, not without cause, to think that we purpose to dispose of him without their consent and to their prejudice, which is contrary to the profession of these that wer in trust at his Majesties first coming to the Scotts quarters, and overthroweth all the arguments that have been used by the Commissioners of our Parliament in their papers concerning the disposing of his Majesties person by the joynt advice and common consent of both kingdoms given into both houses of Parliament in England. Nor doe we see how we can vindicat such a practise from a direct breach of our engage- ments to them by Covenant and Treaty, which were not only to expose us unto the hazard of a bloody warre, but to involve us in the guilt of perjury. And what greater disservice could be done to his Majestie and his posterity then to give way to a course that 152 PROCEEDINGS OF COMMISSION [17 dec. might prove prejudiciall to their interest in the croun and king- dome of England ? ' Our cariage now, for many yeirs past, in the midst of many tentations, hath put us beyond all suspicion in the poynt of our loyalty. Nor have we the least thoughts of deserting the Kings Majestie in a just and good cause, being bound by our Covenant, in our severall vocations, to endevour with our estates and lives to preserve and defend his person and authority in the defence and preservation of the true Religion and liberties of the kingdoms. And so farre as his Majestie shall be for these, we really ar, and we trust the rest of his kingdoms will be for him. Yet we can not deny, but openly avouch it, that if his Majestie (which the Lord forbid) shall not satisfy the just desires of his people, both nations stands mutually obliged by that inviolable Covenant to pursue the ends therin expressed (which can not be divided) against all letts and impediments whatsoever. It is therfor our most earnest and longing desire that as these who ar in trust with the publike affairs of this kingdome have heretofore with all earnestnesse and care, in all their addresses, dealt with his Majestie with much strength of reason and vehemencie of affection, so they would still deale with him, to grant his royall consent to the desires of both kingdoms, for setling Religion according to the Covenant, and for securing a perfit and durable peace (which we look upon as the only hopefull means of preserving himself, his croun, and posterity), that his Majestie may returne to his Houses of Parliament in England as a reconciled prince to satisfied subjects, and that acclamations of joy may be heard in all his Majesties dominions, and no sound of warre heard therin any more, except against the bloody Irish rebells, under whose barbarous and cruell persecution our distressed brethren both in this kingdome and in Irland ar still groaning, and crying out to us and to our brethren in England, Be at peace among yourselves and come to help vs.' Edinburgh, 18 December 1646, post meridiem. Sederunt: — Mi?>:stehs. — Mr. Robert Blair, Moderator. Mr. William Col- vill: Mr. Johne Adamsone : Mr. Andro Cant: Mr. William Dalgleisch : Mr. John Smith : Mr. Patrik Gillespie : Mr. Alexander Balfour : Mr. Johne Nevey : Mr. Patrik Colvill : Mr. Robert Lightoun : Doctor Colvill : Mr. Robert Dowglas : Mr. William Bennet : Mr. David Dickson : Mr. Robert Murray : Mr. James Fleemyng : Mr. Johne Moncreiff : Mr. Walter Greg: Mr. George Thomsone : Mr. James Guthrie: Mr. Johne Weir: Mr. Andro Lawder : Mr. Johne Hay. Elders. — Lord Angus : Lord Craighall : Laird Libbertoun : Thomas Patersone. 1 8 dec] OF GENERAL ASSEMBLY, 1646 153 The Lord Balmerino, Waristoun and Johne Sempill, this day presenting from the Grand Committee a quaerie to be ansuered, shewing also that they wer desired to certify that the Com- mittie would do nothing in any mater concerning the Covenant or Religion, untill they first acquainted the Commission t her with. The Commission promised to returne their ansuer to the Quseree from quaerie the next day. Tenor of the quaerie followes : — Commtttee. 6 If the King shall come into this kingdome, and that the kingdome of England shall exclude him from the government ther, for his leaving them without granting the propositions, whither or not it will be lawfull to this kingdome to assist him for the recovery of the government, he not granting the propositions concerning religion and the Covenant, and not giving a satisfactory ansuer in the remnant propositions." The Commission appoynts the Moderator, Messrs. Robert Douglas, William Colvill, William Bennet, Johne Adamson, Andro Cant, David Dickson, James Guthrie, Johne Smith, Robert Murray, with the Lord Angus, Craighall and Libbertoun, to consider of the quaerie and to give their opinion of an ansuer against the morne. This day James Ogilvy, according to his earnest desire to be James Ogiivies received to the Covenant, did solemnly swear and signe both fhe^Covenant. the Nationall Covenant, and the League and Covenant of the three kingdomes. This day James Ogilvy shew his desire to conferre with the jam es Ogiivies Erie of Seafort, and that Mr. David Dickson might be present seafort" 00 there, which wes accordingly allowed. The next meeting the morne. Edinburgh, 19 December' 1646, ante meridiem. Sederunt: — Ministers, — Mr. Robert Blair, Moderator. Mr. William Bennet: Mr. David Dickson : Mr. James Fleemyng : Mr. Walter Greg : Mr. George Thomsone : Mr. Johne Nevey : Doctor Colvill : Mr. Robert Douglas: Mr. John Adamson: Mr. Andro Cant: Mr. James Guthrie: Mr. Alexander Balfour : Mr. Johne Weir : Mr. Johne Hay: Mr. Robert Murray: Mr. Patrik Gillespie. Elders. — Libbertoun: James Stuart: Thomas Paterson. This day the Commission having considered the quaerie of the Grand Committie, and heard also the opinion of the 154 PROCEEDINGS OF COMMISSION [19 DEC. brethren appoynted to consider therof, think fitt to returne this following ansuer, and that the Moderator with Mr. Robert Douglas, Mr. David Dickson, and Libbertoun, go presently with the same to the Committee : The ansuer to 'The qua?rie presupposeth the Kings coming to this kingdome, mfttees'QuSrie" which case > f° r the reasons expressed in our late Warning, we humbly conceive should not be put in the question, and therfor desires your Lordships to go about all means for the present prevention of it as a matter of most dangerous con- sequence to Religion, this Kirk ami kingdome, and to the King himself and his posterity. 4 But if the question be stated simplie without supposing such a case, in these terms : — If the King be excluded from govern- ment in England for not granting the propositions concerning Religion and the Covenant, and for not giving satisfactory ansuer to the remanent propositions, whether in that case it be lawfull to this kingdom to assist him for recovery of the government, or if it be not lawfull ? — Being put to it we can- not but ansuer — in regard of the engagements of this kingdome by Covenant and treaty — NegativL'' Order for print- The Commission of the Generall Assembly ordaines the Warning to be forthwith printed, and that therefter it be sent to presbyteries ; requiring them immediately efter the receipt therof, to cause evrie minister of their number read the same distinctly, and explaine it to their people upon a Sabboth day, in their severall kirks, and that they report accompt of their diligence with the first conveniencie : Appoynting in the meantyme that tomorrow the same be read in all the kirks of this citie. In ansuer to the letters from the Generall and the brethren at Newcastle,the Commission returnes these following letters : — ' May it please your Excellence, — We received your letter bearing the Kings motion, for sending Mr. Andro Fairfoull and Mr. Johne Hay to attend his Majestic The first quhairof being called before us wes then excused as not well in health. The other gave in his reasones for not going, which wer accepted. We have also received a letter from the Presbyterie there, desiring some to be sent to attend his Majesties family, ing the Warning. Letter to the Generall. 19 dec. J OF GENERAL ASSEMBLY, 1646 155 which wee ar to take into consideration. We know your Excellence is acquaint with the affairs heir, wherof the bearer can give yow a full accompt. We assure your Excellence that the expectation of all the lovers of the Cause and Covenant is in this nick of tyme, as they have had long and large proof and experience of your fidelity and constancie formerly, that by all lawfull means and wayes yow will not be wanting in all vigilance and diligence to promote the ends of the League and Covenant, wherin yow shall have the constant concurrence of the pravers of, Your most humble servants in the Lord, Edinburgh, The Commissioners 19 December 1646. of the Gexeiiall Assembly." For his Excellence the Erie of Lcven, Generall of the Scotts A rmy. 'Reverend and loving brethren, — Wee ar to tak your Letter to the desire concerning a minister to attend the Kings family to our Newcastle! consideration, and according to your other desire have ap- poynted the Clerk to send yow a printed Covenant, though many printed copies have been sent thither before. For the condition of affairs heir, which wes never fuller of difficulties, yow will sufficiently understand by the Remonstrance we have given to the Parliament, and the Warning we have found necessare to emitt at this tyme, both which the Clerk is to send unto you ; and we desire earnestly that yow may make such use of them there, as in your wisdome yow shall find necessare or conduceable in that place. Mr. Robert Traill who wes de- signed for the Lovetennent Generall is now coming toward yow. The minister that wes appoynted for the Master of Yesters regiment being excused for his infirmity, we attend upon another list from the Master. Comending all your labours to the Lords gracious direction, we remaine, Your loving brethren, Edinburgh, The Commissioners 19 December 1640. of the Generall Assembly. 1 Direct : For their Reverend and Loving- Brethren of the Presbyterie with the Scotts army in England. The next meeting upon Moonday. 156 PROCEEDINGS OF COMMISSION [21 dec. Letters for calling brethren to the Commis- Praying and preaching befor the Parliament. Minister for Marques Argylls Regiment. Edinburgh, 21 December 1646, ante meridiem. Sederunt:— Ministers. — Mr. Robert Blair, Moderator. Mr. John Adamsone : Mr. Andro C ant : Air. Walter Greg : Mr. Alexander Bal- four : Mr. Patrik Gillespie: Mr. Patrik Coh ill : Mr. Robert Traill : Mr. George Thomsone : Mr. Robert Douglas : Mr, David Dickson : Mr. William Bennet: Mr. Johne Moncreiff: Mr. James Guthrie : Mr. Johne Nevey : Mr. Johne Weir : Mr. James Flemyng : Mr. Robert Murray. Elders. — Lord Craighall : Thomas Patersoo : .James Stuart. The Commission in respect of the infrequencie of the meeting appoynts letters to be writtin verie peremptory to Mr. James Nasmith, Mr. William Adair, Mr. Johne Hamiltoun, and others in the West, to come in to the Commission, certefeing if they come not the Commission will take speciall notice of their absence. Air. Walter Greg the morne, Mr. George Thomson on Weddensday, Mr. William Bennet on Thursday, Mr. Alexander Balfour on Fryday ar to pray in the Parliament, and Mr. John Adamsone and Mr. Patrick Gillespie to preach upon the Sabboth. This day a list being presented for a minister to the Marques of Argyles regiment, viz., Mr. Dougall Darroch in Kintyre, Mr. Archebald M'Callome in Innerrarey, and Mr. Donald M'Loy in the Presbyterie of Dunnoon,the Commission appoynts the said Mr. Archebald M'Callome for the said employment, and that letters be writtin to him, and to the Presbyterie to dispatch him with diligence. The next meeting afternoon. Earle Seafort. Edinburgh, 21 December 1646, post meridiem. Sederunt :— Ministers. — Mr. Robert Blair, Moderator. Mr. William Colvill : Mr. John Adamsone: Mr. David Dicksone : Mr. Johne Mon- creiff : Mr. Walter Greg: Mr. Robert Murray: Mr. Johne Nevey : Mr. James Flemyng : Mr. Robert Traill : Mr. Robert Douglas : Mr. William Bennet : Mr. Andro Cant : Mr. James Guthrie : Mr. Patrik Gillespie : Mr. George Thomsone : Mr. Johne Weir : Mr. Patrik Colvill : Mr. Alexander Balfour : Mr. David Calderwod. Elders. —Lord Marques of Argyle : Earle Lanerk : Lord Angus : Lord Craighall : Laird Brodie : Laird Libbertoun : James Stuart : John Kennedy : Thomas Paterson. Concerning the petition of the Earle of Seafort this day presented for a conference, the Commission appoynts Messrs. Robert Do wglas, William Bennet, David Dicksone, Andro Cant, and James Guthrie, with the Moderator to conferre with him. 22 dec] OF GENERAL ASSEMBLY, 1646 157 The Commission appoynts Mr. William Colvill to read and m f . William explane the Warning the next Sabboth according to the Act, Colvi11 - to evidence his approbation therof to the congregation, becaus it wes read in his kirk by the praecentor the last Sabboth. The Commission appoynts George Drummond SOne to George Drum- Balloch. Grahame of Litle-cairnie, being presently J}^; ^° t [ d in town, to be summoned to compeir before the Commission, others tobe , r . cited, and also that care be had for citing the Lord Naper and Sir Robert Douglas. The next meeting the morne. Edinburgh. 22 December 1646. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. David C'alderwod : Mr. Andro Cant : Mr. William C olvill : Mr. Robert Traill : Mr. Johne Weir : Mr. Patrik Gillespie : Mr. James Guthrie : Mr. Patrick Colvill : Mr. Alexander Balfour : Mr. Andro Lawder : Mr. Johne Adamson : Mr. David Dickson : Mr. Robert Douglas : Mr. AVilliam Bennet : Mr. Robert Ker : Mr. Johne Moncreiff : Mr. Johne Nevey : Mr. James Flemyng : Mr. Walter Greg : Mr. George Thomsone : Doctor Colvill. Elders. — Lord Craighall : Laird Cesnock : Laird Libbertoun : Laird Brodie : Thomas Paterson. Concerning the petition given in by Donald M'Claud of MacCiaud of Assint, the Commission desires Mr. William Bennet to conferre Assint * with Seafort, upon the desire of that petition, and to report his ansuer. This day Mr. Patrik Gillespie excused that he could not Preacher before preach the' next Sabboth in the Parliament, but appoynts him the Parliament - to preach there on the Sabboth come eight dayes, and that Air. Robert Ker preach that same day. The Commission of Assemblie humblie recomends the petition Recomendation of Jean Al'Cleirie, relict of vmquhill Edward Beatie, quarter- SS| ng Jean master to the Lord Montgomries regiment, for charitie to herself and her childe, in respect her husband wes killed in the cause, to the honourable Estates of Parliament, and appoynts Mr. Robert Murray to assist her at the Parliament. This day Mr. George Monro, personally present, having Mr. Georg. acknowledged his frailty in subscribing Seaforts Remonstrance, Munro - and the great offence he lies given therby ; and having also heartily renunced the said divisive Band and Remonstrance, adheiring to the Declaration of the Commissioners of the Generall Assembly, the Commission, having considered the 158 PROCEEDINGS OF COMMISSION [22 dec. Mr. George Munroes his Renunciation of Seaforts Remonstrance. tentation the said Mr George wes into, and his present sorrow for his said offence, do accept of his said acknowledgment, and appoynts him to give his renunciation in writt that the same may be registrat, and also that in a sermon in his own kirk he declare his detestation of the said divisive Band and his sense of his offence of the subscribing therof, and that Mr. Gilbert Anderson be present that he may witnesse the same. 4 1 Mr. George Monro, minister at Rosmarkine, does heirby acknowledge my frailty in putting to my hand to a divisive Band emitted by the Earle of Seafort under faire pretences, and being brought to a full sight and sense of the deceipt and evill of that Band, does renunce and abjure the said Remonstrance and all adhereing to it ; and does adhere to the Declaration of the Generall Assembly emitted against that Band, promising never to do anything that may countenance or advance that Re- monstrance, but on the contrare to promote, according to my power and calling, the Dec laration of the Generall Assemblie emitted against it, and to all other Acts and ordinances of the Church, promising with Gods grace to adhere and to obey the voice and ordinance of the Church, and this I do testefie to be my full resolution by this my subscription. Siibscribitur, Mr. G. Monro, Minister at Rosmarkine." Mr. Andro Ramsay. Mr. James Strachan. This day Mr. Andro Ramsay excusing himself that he had caused his praecentor read the Warning the last Sabboth, in respect of his age and infirmity, not being able to read it him- self, the Commission dispenses in his person with the not read- ing of it, but desires him to explane it the next Sabboth. Concerning the letter from the Presbyterie of the Meirns touching Mr. James Strauchan, the Commission appoynts the excommunication of the said Mr. James to be suspended untill the next meeting of the Commission at Aberden, and in the meantime that the Presbyterie be labouring with him to make him sensible of his fault, and that some of the brethren of Aberdene concurre with them therin. Messrs George It is this day recomended that particular informations with Wood^Andr™" ^ ne evidences therof be given to the Clerk concerning the malig- Sandiiands and n ant cariage of Mr. George Wischart, Mr, James Wood and Alexander innes. Mr. Andro Sandilands, that the Commission may take course 25 DEC.] OF GENERAL ASSEMBLY, 1646 159 for their excommunication, and that accompt be craved of the Presbyterie of Aberdein concerning their proceeding against Mr. Alexander Innes. The next meeting the morne. Edinburgh, L 2S December 1646. Sederunt : — Ministers. — Mr. Robert Blair, Moderator. Mr. Robert Douglas: Mr. William Bonnet: Mr. Alexander Balfour: Mr. John Nevey : Mr, James Flemyng : Mr. David Calderwod : Mr. John Adamsone : Mr. Jobne Weir : Air. Robert KerrMr. Patrik Colvill : Mr. Johne Hay. Elders. — Lord Craighall : Laird Ldbbertoun. Concerning the desire of the petition of Generall King to be Generaii King, admitted to the. Covenant, the Commission of the Generall Assembly can give no answer to the said petition, in respect of the condition he is presently into with the Estates. Edinburgh, 25 December 1646. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. Robert Dowglas : Mr. William Bennet: Mr. James Flemyng: Mr. William Dalgleish : Mr. David Calderwod: Mr. Robert Murray: Mr. John Smith : Mr. William Colvill : Mr. Robert Ker. Elders. — James Stuart : Lawrence Henderson : Thomas Paterson. The Commission appoynts new letters to be writtin to the Commissioners Commissioners absent to come to the Commission, certifeing absent - them that the neglect of important affairs at such a tyme shall be layed upon their absence at the next Generall Assembly. Concerning the desire of the Lord Kamsayes regiment Mr. lohn presented this day by Captane Sir William Bruce for a minister R ar ^say S t0 L °' d to keep Session only, the Commission appoynts Mr. Johne Regiment Makghie to that employment, and that the letter following be sent to him for that effect : 'Reverend and loving brother, — The Lord Kamsayes regi- Letter to Mr. ment being now quartered through diverse parts of Lothian they J ohne Mak S*»« ar necessitat to addresse themselves for hearing the Word on the Sabboth in these places where they quarter. Only it is their desire that some minister be appoynted to keep session with them for disciplin, that diverse scandalls may be censured : And this day one of the officers of that regiment having given a list for a minister to that employment, wee have nominat yow out of that list, and lies appoynted Thursday next and weeklie 160 PROCEEDINGS OF COMMISSION [25 DEC. tberefter, or once in the 14 dayes, as vow and the Session of that regiment shall think fitt for the dyet, Tranent to be the place of the meeting of that Session for disciplin. It is their desire also, and we do approve it, that, seing at the meeting of the Session diverse others of that regiment may be easily drawen together, that you make some short exhortation on some passage of the Word before the meeting of the Session. Contending t his to your care and all your labours to the Lords blessing, we remaine, Your loving brethren, Edinburgh, Th]: Commissioners 25 December 1646. ok the Gexerall Assembly.' 1 Direct: To their loving brother Mr. John M'Ghie, minister it Dirlton. Additional The Commission thinks fitt that some overturs be drawen ParHament. 0 ^ f° r restraining the abuse of pennev bry thells, and for changing the terms of the entrie and flitting of coallhewers and salters at Zuill, and to be added to the overturs presented to the Parliament. David Graham This day David Grahame, somtyme of Gorthie, appeiring Gortme 1 ° personally and desyring that he may have the benefit of confer- excommumeat. er|Ce ^th some of the ministrie in the parts where he resides, the Commission appovnts Messrs Robert Murray, Johne Freebairne, David Drummond, George Murray, or any of them toconferre with him, when he should require it, that they may make him sensible of the offences for which he wes excom- municat ; they alwayes abstaining from communion with him in worship, eating or drinking, and in evrie way keeping such a distance as becometh to one in his condition. The next meeting on Teusday. Edinburgh. 29 December 1646. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. Johne Adamsou : Mr. Andro Cant: Mr. Johne Smith: Mr. David Calder- wod : Mr. David Dickson : Mr. Robert Murray : Mr. Johne Knox : Mr. Robert Lightoun : Doctor Colvill : Mr. William Bennet : Mr. William Colvill : Mr. Patrik Gillespie : Mr. Andro Lawder : Mr. Robert Douglas : Mr. James Guthrie. Elders. — Lord Angus: Lord Waristoun : Lord Craighall : Laird Brodie : Laird Libbertoun : Laird Dudingstoun : George Porterfeild : Thomas Paterson. This day a letter presented from the Commissioners at 29 dec] OF GENERAL ASSEMBLY, 1646 161 London and read. The Commission think fitt it be com- municat to the Parliament. Tenor of the letter followes : — ' Reverend and beloved brethren, — Wee sent yovv ane Letter from the account of severall particulars in our letter dated the 10th of at London. November, wherof we have heard nothing as yet, whether ye received it or not. Wee have now thought good to make known unto yow that the whole body of the Confession of Faith, divided into 33 chapters, is perfected and transmitted from the Assembly to both Houses of Parliament. 1 We under- stand that the House of Lords have already made a great pro- gresse in it, and have approved it so farre as they have pro- ceeded. The House of Commons hath not yet taken it into debate. But they have made some progresse in the Ordinance for suppressing and punishing ha?resies, 2 and have committed the Ordinance for imposing the taking of the Covenant by all persons in the kingdome under a considerable penalty. 3 The citie of London hath given in a new petition and representation to both Houses of Parliament, 4 which we have thought fitt to send unto yow herewith, it being so fair a testimony to the Covenant and against sectaries, and so hopefull a way for maintaining and strenthning the Vnion betueen the king- domes, which is also the earnest prayer and endevour of the well-affected ministers and others, and that so much the more, because the common enemies ar already lifting up the home in expectation of a breach betueen the kingdomes. For our part, 1 It was presented by the Assembly to the House of Commons on 4th, and to the House of Lords on 7th December. On 6th November the Lords had passed the nineteen chapters previously brought up, and on 16th February 1646-7 they read and passed the entire Confession ; but the Commons did not act so promptly, nor accept the Confession in the exact form in which it was presented by the Assembly, and it was not till 20th June 1648 that they authorised its publication, with certain omissions, and with the title ' Articles of Faith agreed upon by both Houses of Parliament,' that this kingdom and all the Reformed Churches in Christendom may see the Parlia?nent of England differ not in doctrine. For a full account of their proceedings see Minutes of Wesi- ?ninster Assembly, pp. 412-420. 2 Journals of House of Commons, vol. v. p. 3. 3 Vol. iv. p. 729. 4 Vol. v. p. 21. It purported to be from all well-affected and covenant- engaging citizens, and was ordered by the Lords to be printed. See their Journals, vol. viii. p. 618. L 162 PROCEEDINGS OF COMMISSION [29 dec. as we know no cause at this tyme which could justify that breach on either side, so we suppose it is but too manifest that the designes of the malignants in both kingdomes (under cullor of defending or vindicating the Kings just power and greatnes, which they do but abuse as a handsome covering of their other intentions) tend to no lesse then to draw away both nations into a defection from the cause of God and into a breach betueen themselves. Ten thousand deaths and destructions and all the calamities in this world wer rather to be chosen then so great a dishonour to God by that unparaleld apostacy, which we trust as well as pray that God will prevent by his wonted assistance and blessing upon the counsells and en- devours of the upright and well-affected (and yours for your part), and by his wonted defeating and bringing to foolishness the counsells of all such as hatch cokatrice eggs, whoever they be in either kingdome. The Lord himself comfort and encourage your hearts and strenthen your hands in evrie dutie which is incumbent to yow ; and let yow find that whatever discouragements yow may have, yet your labour is not in vaine in the Lord. Yow may expect to understand more of the condition of affairs here by the report of some of our number, who, God willing, will be shortly with yow. So we rest, Your loving brethren to serve yow, Loudoux, Lauderdaill, Worcester House, 0 00 - n , Samuell Ruthereurde, the 22 of December Iq±q, Robert Baillie, George Gillespie. 4 Postscript. — The treaty here concerning the money, garri- sons, and removing of our army out of this kingdome is now (blessed be God), brought verie neere to a full conclusion. ' Direct : For the Right Reverend the Commissioners of the Generall Assembly of the Kirk of Scotland. Commissioners This day the Lord Balcarras and Garthland come from the ParUament. Parliament to shew that they had appoynted Commissioners to go to Newcastle ; desyring the Commission that they might also send some of their number to concurre with them for petitioning his Majestie to comply with the desires of his good subjects. The Commission desires Mr. Johne Smith to pray the morne 30 dec] OF GENERAL ASSEMBLY, 1646 163 in Parliament, Mr. Robert Lightoun on Thursday, Mr. Andro Ministers to Cant on Fry day, Mr. Robert Lawrie on Satterday, Mr. George ^riiiiment Leslie on Teusday, Mr. Johne Hog on Weddensday. This day the petition of Issobel Hamilton, relict of vmquhill Recomendation Mr. Robert Campbell, minister of Manerhamilton in Irland, Hamilton, killed by the rebells in Blakwater, for supply to herself and her children, recomended to the Parliament. The next meeting the morne. Edinburgh, penultimo Decembris 1646. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. Robert Douglas : Mr. Robert Murray : Mr. Andro Cant : Mr. William Colvill : Mr. John Smith: Mr. James Guthrie: Doctor Colvill: Mr. David Calderwod: Mr. John Adamsone : Mr. David Dickson: Mr. William Bennet: Mr. John Knox at Dalkeith: Mr. Robert Lightoun : Mr. Patrik Gillespie : Mr. Andro Lawder. Elders. — Lord Craigh all : Laird of Libbertoun : Laird of Dudingstoun : Thomas Paterson. The Commission appoynts Mr. Johne Rosse, minister at Mr. Johne Birs, to be cited against the meeting in Februar, and that the at°Birs mmiSter Presbyterie of Kincarden be written to for particular informa- tion concerning his cariage. The Commission of the Generall Assembly being desired by Commission to the Parliament to send some of their number to Newcastle to Hairand^ames concurre with the Commissioners sent from their Lordships in Guthrie to go to Newcastle. their desires to his Majestie, and finding it a duety encumbent to them still to deale with his Majestie in pursuance of the ends of the Covenant, Do therfor appoynt their brethren, Mr. Robert Blair and Mr. James Guthrie, to go to Newcastle, and there to labour with his Majestie by themselves, in presenting the humble desires of the late Assembly, and to concurre with the Commissioners of Parliament in their desires to his Majestie concerning Religion and the Covenant ; authorizing them fullie to do evrie thing for advancing the ends therof which shall be found expedient upon the place. The Commission authorizes any other tuo in the list, that Addition to the shall be called for by the brethren that now ar appoynted to mission™" go to Newcastle, to repare also thither and to joyn with them in evrie thing entrusted to them, as freelie and fullie as if they had been named in the Commission. The Commissioners of the Generall Assembly having sent Act for supply- Mr. James Guthrie in commission with Mr. Robert Blair to Guthries^piace. 164 PROCEEDINGS OF COMMISSION [30 dec. Mr. Robert Ker excused, and Mr. Patrik Gillespie appoynted to preach in Parliament. Act for Ministers to preach to the Parliament. Newcastle, there to prosecute the desires of the late Generall Assembly to his Majestie, and to concurre with the Com- missioners from the Parliament in their desires for Religion and the Covenant ; and taking to their consideration that by Mr. James his absence in this so necessarie and important imployment his charge will vake, and that the Presbyterie of Ersiltoun, in respect of their present condition, will not be able to supply the same : Therfor appoynts and ordaines Mr. Johne Logan in the Presbyterie of Dalkeith, Mr. Johne Somervell and Mr. James Simsone in the Presbyterie of Kelso, Mr. David Fletcher in the Presbyterie of Selkirk, and Mr. James Flemyng in the Presbyterie of Hadingtoun, to supply the said Mr. James Guthrie his place in preaching upon the Sabboth dayes during his absence, each of them by course, according to the order they ar heirin nominat, the said Mr. Johne Logan begining the 10th of Januar next, and the rest following successively in order as said is. This day Mr. Robert Ker was excused that he could not preach this Sabboth in the Parliament, and Mr. John Annand appoynted to preach for him ; and Mr. Patrik Gillespies excuse not being admitted, the Commission appoynts him to preach the said next Sabboth in the Parliament with the said Mr. Johne Annand. The Commission of Assemblie now all this session of Parlia- ment untill this tyme having been carefull to furnish their Lordships with ministers for preaching on the Sabboth by their own members present ; and finding now a necessity that that dutie be supplied by some out of the neighbouring Presbyteries for some space ; Do therfor appoynt the brethren afternamed, to preach to the Parliament the dayes following, viz. : Mr. George Leslie and Mr. William Dalgleish upon Sabboth day come eight dayes, the tenth of Januar, Mr. M lingo Law and Mr. Robert Lawrie upon the 17th of the said moneth, Mr. James Robeson and Mr. Robert Lightoun upon the 24th, Mr. Oliver Colt and Mr. Patrik Sibbald upon the last of the said moneth of Januar, Mr. James Fleming and Mr. Robert Ker upon the 7th of Februar, Mr. Ephraim Melvill and Mr. Patrik Scheill upon the 14th, and Mr. Thomas Vassie and Mr. Robert Row upon the 21st day of the said moneth of Februar next. 30 dec] OF GENERAL ASSEMBLY, 1646 165 The Commission appoynts Mr. Robert Blair, Moderator, Recommenda- and Messrs. Robert Douglas, Andro Cant, and Johne Smith, gh?rp! Messrs" to require from the Parliament an ansuer to the Remonstrance Johne Annan and Overturs, and to the bussines of Aberdene, and to recom- Garden, mend Mr. John Annand and Alexander Gairdins condition to their Lordships ; but in a speciall maner to recomend their brother, Doctor Sharpe, who lies lent his whole stock and estate to the publik, and received no payment at all either of principall or interesse. 1 The Commission thinks fitt that Seafort be spoken with Earle Seafort. concerning the losses of ministers, weedowes, and other persons, which they have sustained by him or his freends in the late troubles in the North, and for their reparation ; as also touching his reconciliation with such persons in these parts as have taken offence at his bygone cariage against the cause; and that he be sent for presently to the Commission. The Commission of the Generall Assembly recomends to Recomenda- the Presbyterie of Dingwell Mr. Hector Monro, minister at p^sbyte^ of Lothe in Sutherland, for the kirk of Kilterne now vaking, p 3 / 11 ^' 611 ^ 01 " having certain information of his abilities and integrity in the KirkofKii- cause, and of the parisheners of Kilterne their good lyking terne ' and desire of him. And the Earle of Sutherland having some interesse in the said Mr. Hector, being personally present, lies consented and promised his assistance to the said Mr. Hector his transportation : Desyring also the said Presbyterie to proceed to the planting of the said kirk with the said Mr. Hector with all diligence according to the order of this Kirk. And in case Mr. Hector shall not be admitted to the said kirk, the said Presbyterie in that case ar heirby required, in respect of the scandale of complyance with the rebells they ly under, that they do not plant the said kirk without the advyce of this Commission. This day the Earle of Seafort, appeiring personally, did Earle Seafort. promise to reconcile heartily with his neighbours that had taken any offence at his bygone miscariage, and to take course for reparation of all the losses that ministers, widowes, or other persones whatsoever had sustained by him or his freends in the late troubles in the North : And likewise did still vrge his relaxation with verie great earnestnesse. 1 See note on p. 176. 166 PROCEEDINGS OF COMMISSION [30 dec. Earie Seafort. The Commission considering the Earle Seaforts profession of greef of mynd for the sentence of excommunication, but especially understanding by the brethren appoynted to conferre with him, that he seemed to be under some weight and burden of feare and greeff, in respect of his bygone miscariage, and of that sentence of excommunication : Theirfor conceiving his condition to be much altered from that it wes formerly, and that there seemed to be some necessity to ease him of the burden of the sentence of excommunication, they found in this case they had power to relax him from that sentence. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Blair : Mr. Robert Doug-las : Doctor Colvill : Mr. William Dalgleish : Mr. Patrik Gillespie : Mr. John Adamsone : Mr. David Caldenvod : Mr. Andro Cant: Mr. William Bennet : Mr. Johne Knox: Mr. James Guthrie: Mr. Andro Lawder : Mr. William Colvill. Elders. — Lord Craighall : Laird of Libbertoun : Laird of Dudingstoun : Thomas Paterson. Earle of Seaforts The Commission of the Generall Assembly having considered Relaxation. ^ e f re q lien tiy re iterat petitions of George, Earle of Seafort, presented to them for his relaxation from the dreadfull sentence of excommunication pronounced against him by the late Generall Assembly, with his solemne professions of great greef of heart for these offences for which he wes excommunicat ; and especially taking to their consideration the humble petition and confession under his own hand of the date the 4th of September last, wherin he acknowledges the justice and equity of the said sentence, and his heartie sorrow for his offences therin mentioned, and particularly, as in the sight of God, that his subscribing that divisive Band mentioned in the Ordinance of the Assembly for his excommunication, his sub- scribing that wicked Band of vnion with that excommunicat and forfaulted rebell, James Graham e, his adjoyning himself to him and others of the rebells, with the remanent acts and transgressions mentioned in the said Ordinance, to be incon- sistent with the lawes of Church and State, to be repugnant to the Nationall Covenant, and League and Covenant of the thrie kingdomes, and to be haynous offences against God ; with solemne protestations before God of sincerity, and vowes and promises of adheiring to the Covenants, and of a good behaviour 30 dec] OF GENERAL ASSEMBLY, 1646 167 in tymcoming : And considering also the report of some brethren appovnted to conferre with him, together with a petition this day presented, wherin he renewes these his confessions, protestations, resolutions, promises and vowes ; professing also himself to be so overburthend with greef throw the weight of that heavy sentence lying upon him, that death can not be so grievous to him ; as these his declarations and petitions subscribed with his own hand at more lenth proports: And having heard also the said Earle, this day appeiring personally before them, with humble acknowledgment of his said offences, expresse and renew verbally the same desires, protestations and promises : Therfor the Commissioners of Assembly, in consideration of all the premisses, that the publik scandall of these offences may be removed, and the frequent desires of the penitent may be satisfied, do appoynt him to appeir tuo severall Sabboth dayes before the congregation in the Eist Kirk of Edinburgh before noone, after the prayer which is immediatly before sermon ; the first day, which shall be the next Sabboth, presenting himself gravlie in his own habit before the pulpit, where, after the sermon is ended, the minister shall admonish him of his said offences, and prepare and incit him to a farther sense therof, and to sincerity in the publik declaration of his repentance, which he is to make before the congregation the next day ; the Sabboth next therafter, being the 10th day of the moneth of Januar next, he shall againe present himself in the same place in saccloath, and after sermon, humblie upon his knees, make ane full and distinct acknowledgment of all his offences abovementioned, before God and the congregation. All which being done, the Commission of Assembly ordaines and authorizes their brother, Mr. Andro Cant (who shall preach that day for that purpose), after receiving the penitents humble confession in maner aforesaid, In the name and authority of Jesus Christ to relaxe and absolve him from the sentence of excommunication pronunced against him, receive him again to the communion and fellowship of the faithfull, and restore him to the priviledge of participating of the Lords Supper and remanent ordinances, and to the fruition of all the benefites of the Kirk, according to the order prescribed in the lyk cases. 168 PROCEEDINGS OF COMMISSION [30 DEC. Earle Seafort. Glencorse. Warrand for citing the Lord Rae and his freends. Earle Seafort. The Commission appoynts Mr. Robert Douglas or Mr. Johne Oswald, Messrs. William Bennet, William Colvill, Johne Adamsone, Doctor Sharpe, Robert Lawrie, Johne Annand, Thomas Mitchell, Earle of Sutherland, Duffus, Sir James Fraser, Lord Craighall, Libbertoun, Brodie, Monro of Obstoun, Dudingstoun, and an elder out of evrie Session of this citie, to be witnesses to the Erie of Seaforts relaxation, and to receive him by the hand according to the order of this Kirk. This day the petition of Mr. Robert Aleson for disuniting of Glencorse from Lessuade recomended to the Parliament. This day summonds appoynted to be given against the Lord Rae, the Master of Rae, Hugh M'Ky of Dalrate, William M'Ky of Boggesse, Hugh M'Ky of Skoury, and Hector Monro of Errybell. The Commission appoynts Messrs. Andro Cant, William Colvill, and William Bennet, to speak to Sutherland, and the other gentlmen in the North desired to attend Seaforts relaxa- tion, and to prepare them for that effect, that they may cordi- ally receive him upon his satisfaction. This day the Moderator and Mr. Robert Douglas having reported that they had presented a paper to the Parliament in ansuer to these particulars in the Report of the Grand Committee, the Commission, having heard the said paper read, appoynted the same to be recorded as a testimony of their faithfulness : Tenor quhairof followes : — Declaration Mr. Robert Douglas and Mr. Robert Blair, in ansuer to some par- ticulars in the Report of the Committee of Estates given in to the Parlia- ment. 4 The humble Declaration of Mr. Robert Douglas and Mr. Robert Blair to the honourable Estates of' Parliament concerning some particulars relating to and reflecting upon them in the Report of the Committee of Estates touching the Peace made with the Rebells. 4 Right Honourable, — Forasmuch as the Committee of Estates, in their accompt to your honours of their proceed- ings in the mater of peace with the rebells, do report that they wer so tender of their proceedings in that mater that their Lordships would not conclude anything untill they con- sulted such of the ministrie as wer in towne, and for that end sent for some of the ministers of Edinburgh, to whom the Commission granted be the Parliament, and the draught of 30 dec] OF GENERAL ASSEMBLY, 1646 169 the commission and instructions intended to be given to the Generall-Major wer read ; but they declyning to give a present opinion wer allowed to think upon it till the next day, and in the interim wer desired to consult with others of their brethren in towne ; And accordingly the next day Mr. Robert Douglas and Mr. Robert Blair and some others appeared, who denyed to give any advice, being but there in the capacity of privat persons, yet did they not object against the tiling, nor expresse any maner of dislike of it : And againe, toward the end of the Report, their Lordships affirme that it wes not done without acquainting such of the ministrie as could then be had. Which Report, so much reflecting upon us, as making us accessory some way, if not positivly yet negativiie, to the Committees conclusion in that mater, we must crave your honours leave to vindicat ourselves, and to declare what we humblie conceive we suffer in that particular. 4 First, we wer none of those ministers to whom the instruc- tions wer read, or who wer allowed to think on the mater till the next day, or wer desired to consult therin with others ; neither had we any consultation with any therabout ; nor did we appear as returning our brethrens ansuer (as the Report seems to insinuat), being unexpectedly, as we wer going to Newcastle, whither the late Assembly had sent us, brought oft* the street ; neither had we any foreknowledge of the question untill we then heard the same propounded to ws. 2. It wes then told us that the mater wes concluded, and that by war- rant and power from the Parliament ; in which case, if thus surprysed, and only in the capacity of privat persons, we did declyne to give our opinions in so publik a way in a mater predetermined by the Parliament, and of so high concernment and consequence ; we think it strange that their Lordships should make such use of our tendernesse and warines to give a present privat opinion in so tiklish and weighty a bussines, especially seeing we offered after deliberation to give our opinions in a privat way, and that our opinion is well known to some of their number. 3. In such modest terms as become ws, we spoke as much as we conceived might expresse our dis- lyk of their proceeding in that mater, regrating that satisfac- tion in the poynt of conscience, which their lordships professed 170 PROCEEDINGS OF COMMISSION [30 DEC. they wer seeking from us, wes neither sought in tyme before the mater had passed in rem judicatam, and in a determina- tion of Parliament, neither yet from such as had power and authority to determine the question, viz., the Generall Assembly or their Commissioners, of both which respectivly the Parlia- ment and their Lordships had the opportunity in St. Andrews and in this toun, whilst they wer consulting about that mater. 4. We desire your Lordships to consider whether, according to that tendernes and care tuyce professed in that report, all the ministers then in toun wer consulted before their Lordships conclusion of that mater, which wes upon the 17th of June, seing the Generall Assembly itself satt in toun from the 3 of that moneth of June, untill the 18th therof, during the tyme of their consultations in that bussines, and a day after the con- cluding of it, the Commission of Assembly also meeting a day or tuo after the dissolving of the Assembly, and diverse of the members of the Assembly staying in town for some few dayes after the dissolving of the Commission. 5. We humblie offer to make it appeir that our opinion wes not craved before the 23 or 24 of June, some fyve or six days after their lordships concluded the peace. And therfor it seems verie strange to ws how their Lordships affirme that nothing wes concluded before our opinion wes craved, and how our cariage upon the 23 or 24 of June should be made a ground of their conclusions upon the 17th of that moneth we cannot conceive. ' These things being represented to your honours for our cleiring, and the offer of our judgment to your Lordships con- cerning that mater in due tyme before the approbation of it in Parliament, and whatsoever els delivered verbally about that bussines being heir remembred and repeated, we humblie Pro- test, first, that neither the Kirk in generall, nor we in par- ticular, be interpret or esteemed to have any accession, by opinion or otherwayes, to the said conclusion concerning the late peace with the rebells, that report concerning us notwith- standing. And 2dly, Seing mens consciences ar not satisfied, nor have paines been taken for their satisfaction in such things quhairin they conceived just grounds of scruple concerning that mater, we also Protest that the libertie of the Kirk and of the ministers of the Gospell, for exonering their consciences 30 dec] OF GENERAL ASSEMBLY, 1646 171 therin, according to the Word of God, the Covenant, and the Acts and Constitutions of the Kirk, be not by the proceedings of the Committee, nor anything following therupon, in any way prejudged : In all humility desyring that thir presents be recorded in the books of Parliament, and extracts therof delivered to us under the Lord Registers hand. Edinburgh, SubsCT tur Mr. RoT. DOUGLAS, the 30 of December 1646. Mr. Rot. Blair.' Concerning the Quaeries produced by Mr. Johne Annand from the Province of Murray, the Commission returns the following ansuers : — 6 Quceries from Mr. Johne Annand, minister of Invernesse, anent some occurents concerning the Province of Moray and Preshyterie of Invernes. * 1. The whole Presbyteries having confessed compliance with Quseries from the enemies, as necessitat therto be reason of their charge of Murray 6 °* ministrie among them, — Whether shall the said ministers be referred to the Committee for the North, or to the Assembly of Murray, for farther particular tryell of their severall guilt, and be censured be them conforme ? * 2. Tuo ministers, one of the Preshyterie of Invernes, Mr. Alexander Fraser, minister at Pettie, another of Strathspey, Mr. William Watson, minister at Duthell, being under tryell in these Presbyteries for diverse alleadged complyances, shall, after tryell, be referred to the Commission of the Kirk for their censure, or censured at home be the said Presbyteries ? 6 3. If the Commission shall think fitt that an ordinance be made that the severall Presbyteries in Murray give in their diligence anent the punishment of complyers betuixt and the first of Appryll to the Commission, under paine of censure ; and what is to be done where whole parochins ar guilty ? ' 4. Wher men ar maried by preests, what course shall be taken with these, and what to be thought of their mariage ? <5. The said Mr. Johne Annand humblie comendit to the Commission the pityfull condition of the children of Andro Fraser, cruelly murthered be the Irishes." 172 PROCEEDINGS OF COMMISSION [30 dec. ' Ansuers of the Commission of' the Generall Assembly to and concerning the Qucerees of the last Provinciate Assembly of Murray. Answers to the ' 1. To the first, concerning the tua complying Presbyteries Mun-ay S fr ° m °^ Strathbogy and Strathspay, the Commission ordaines the next Assembly of that Province to take particular notice and tryell of each minister, anent what further may be learned of their cariage since the beginning of the rebellion, and to make full report to them at their meeting at Aberdene. * 2. To the 2d, concerning Mr. Alexander Fraser, minister at Pettie, and Mr. William Watson, minister at Duthell, they ordaine the Presbyteries of Invernes and Strathspay respective to proceed to the further tryell of the said tuo ministers, and to make full report of their processe and guilt out of the books of the Assembly of Murray, and Presbyterie books respective forsaid, to the said Commission of the Kirk at Aberden. * 3. To the 3d, anent these who pretend to have been maried be preists, both parties maried should make publik satisfaction for that unorderly mariage, and be proceeded against in case of their disobedience with the censurs of the Kirk. '4. Ordaines the pryme and cheef complyers in the Pres- byteries of Invernes, Strathspey, Forres, and Elgin to be censured with diligence, and report therof to be made to the next Provinciall Assembly and from thence to the said Com- mission at Aberden, as they will be ansuerable to the Commis- sion t her upon. 4 5. To the 5th, The Commission, taking to heart the pityfull murther of Andro Fraser, late minister at Abertarf and Boles- kin, be the cruell Irishes, and being certainly informed of the distressed estate of the children of the said Andro, have appoynted a letter to be drawn up for comending the said children, in speciall the eldest, Mr. Donald Fraser, to the charitable supply of the Provinces of Murray, Ross, Suther- land and Caithness Edinburgh, 5 January 1647. Sederunt: — Ministers. — Mr. Robert Doug-las : Mr. Johne Adamson : Mr. Thomas Vassie : Mr. John Knox: Mr. John Smyth: Mr. Robert Ker : 5 JAN.] OF GENERAL ASSEMBLY, 1647 173 Mr. AndroCant: Mr. James Fleming: Mr. David Drummond : Mr. Adame Penman: Mr. Robert Wright: Mr. William Colvill: Mr. Johne Oswald. Elders — Lord Marques of Argyle : Lord Craighall : Laird of Libbertoun : Laird of Dudingstoun : James Stuart : Thomas Paterson. In respect of the absence of Mr. Robert Blair, Moderator, a Election of a list wes made for choosing a moderator during his absence in Moderator - this Session, viz. Messrs. Johne Adamson, Robert Douglas, and William Colvill, and the said Mr. Robert Douglas wes chosen Moderator. This day Mr. Johne Lindsayes excuse of his absence admitted. Mr. John This day Mr. Johne Craigingelts excuse admitted, and Mr. Reused. Allan Fergusson, another in the list, appoynted to go to the Mr. John Lord Levingstons regiment, and that letters be writtin for excused^anc'. that purpose. Mr - A1] * n r r ... Ferguson sent The Moderator, Messrs. Andro Cant, William Colvill, John to Levingstons Smith, Craighall, Libbertoun, and Dudingstone appoynted to 0 ' • i • i o . in** • Earle Seafort. stay in this place after dissolving, to speak Seafort for reconcil- ing him and the noblemen and gentlmen in the North whom he offended by his late miscariage there. Mr. John Rosse, who wes appoynted to be cited, being now Mr.johnRosse, taken with caption in this towne, the Commission thinks fitt minister at Birs - that one of the Magistrats bring him heir before them the morne at ten houres. The Commission of the Generall Assembly having seriously Act for Contri- considered the lamentable condition of the distressed people in J^gy^ to Argyll, do therfor recomend to Presbyteries that there be a charitable contribution for their present subsistance : For the speedy and efFectuall collecting quhairof the letter following shall be sent in print to severall Presbyteries with all diligence, that they may apply themselves with all care to contribute a present supplie to the extreme necessities of their afflicted brethren according to the desire of the said letter. 6 Re verend and loving bhethren, — Our hearts being deeply Letter concern- wounded to behold the sufferings and heare the complaints and ^bition'for cryes of so many of our deir brethren in the Province of Ar gy!eto Argyle, who have their blood shed as water spilt upon the Presbyteries ground by the bloody rebells, their estates wholie ruined and destroyed, their houses burnt with fire, and the remnant that is left exposed to all the miseries of famine and nakedness ; 174 PROCEEDINGS OF COMMISSION [5 JAN. and taking to our saddest consideration the deplorable con- dition of so many Christian soules daylie dying and sterving for want of bread, destitut of all means of lyvlihood or comfort, we could not but heartily concurre with the honourable Estates of Parliament in a most serious recomendation of their lament- able condition to your charities and the charities of your severall congregations. We need not put yow in mynd of their bygone forwardnes in all expeditions for the publik cause, nor of our obligations by the dutie of Christianity to them that suffer adversity, as being ourselves also in the body, nor of our par- ticular and solemne obligation in our Covenant for their releef, whose bygone and present extreme sufferings ar mainly for ther faithfulnes in the publik cause. But we beseech yow by the Lord Jesus Christ, by the love of the Spirit, to apply your- selves seriously, and bestirre yourselves diligently for their help and supply, endevouring, by your own example, by privat and publik exhortations, that reall testimonies of love and compassion may be given and expressed to these our distressed and languishing brethren. We leave to your own wisdomes the particular wayes of applying yourselves to your severall flocks for making this supply the more comfortable, hoping that, as the case is singular, and the necessity extremely urgent, so yow will be so much the more carefull in your way, to use more nor ordinar diligence in your congregations, that evrie persons charity, even the mite of the meaner sort, may be received care- fully : Only we conceive that it were verie conduceable if, after the intimation hereof on the Lords day in your pulpits, evrie brother went through severall families for collecting their charities. But especially our desire is, in respect of the present necessitie of that poor people, that yow use all dili- gence for the speedy collecting and conveyance therof to Edin- burgh, to James Stuart baillie, or to Glasgow, to George Porterfeild provest, who will be carefull to send the samen to Argyle to be employed and destribute there according to evrie ones necessity, which we shall also be carefull of, that the same mav be performed. Contending this earnestly to your care and vourselves in all your labour to the Lords blessing, We remaine, Your loving brethren, Edinburgh, The Commissioners 5 Januarii 1647. 0 f the Generall Assembly." 5 JAN.] OF GENERAL ASSEMBLY, 1647 175 The Commission appoynts the letter following to be sent in ansuer to the letter from the Commissioners at London : — ' Reverend and loving brethren, — We read that part of Letter to the the Confession of Faith sent to us by yours of the 10th of ^ t 0 L n ™ i d s ^ oners November, and only read it according to your desire without further entering into any serious consideration of it, seing it is not there agreed upon. But now, perceiving by your last of the 22 of the last moneth that the whole bodie of the Confes- sion is perfected and transmitted to the Houses, we desire that the whole may be sent to ws as soon as yow shall find it con- venient, 1 together with the Ordinances for suppressing and punishing haeresies, and imposing the taking the Covenant under penalties which yow mention. We have communicat that letter to the Parliament, being much refreshed therwith, and with the petition and representation of that famous cittie of Londone, and the endevours of the well affected brethren there. What hes been our work heir yow know before this, by the printed Warnings for this kingdome which wer directed to yow, and by other informations yow have received from hence. It seems the Lord is now upon the way of promoving his own work, and of disappoynting the projects of the enemies therof in both kingdomes. Our brethren, Mr. Robert Blair and Mr. James Guthrie, ar sent from this to Newcastle to prosecute with his Majestie the desires of the Assembly, and to concurre with the Commissioners of the Parliament in their desires to the same purpose, with whom yow may correspond as you find the necessity of the work shall require. If they find it needfull in the place to have the assistance of some other brethren, upon their advertisement, other tuo will be ready to repare also thither. The difficulties and dangers of these tymes we conceive shall still keep a competent number of us together during this session of Parliament, as we have done this tyme bygone, wherin the Lord hes made us find that our labour hes not been in vaine in him, which encourageth us to continue our endevours. Now, that the Parliaments of both kingdomes, and both yow and we according to our severall callings and 1 It was brought down by Baillie in January 1647, along with a copy of Rouse's new version of the Psalms. — Baillie's Letters and Journals, vol. iii. p. 12. 176 PROCEEDINGS OF COMMISSION [5 JAN. interests, may improve all means for suppressing malignants and sectaries, for promoving the work of vniformitv and for preserving the vnion betueen the kingdomes, is the earnest prayer of, Your loving brethren, Edinburgh, THE COMMISSIONERS 5 Januarij 1(547. of the Gexerall Assembly.' Direct : For their reverend and loving brethren, the Com- missioners for the Kirk of Scotland at London. Doctor Sharpe. The Commission, taking to their serious consideration the hard condition of their brother, Doctor Sharpe, 1 think fitt to recomend his case seriously to the Commissioners at London. Tenor of the letter to this purpose followes : — Letter to the 1 REVEREND AM) LOVING BRETHREN, Our brother, Doctor ^hSSSST Sharpe, having lent all his whole estate, extending to 20,000 favours of merks, to the publik, quhen our army w ent first to England, in a tyme of verie great necessity, and that with great chearfulnes, and these many veirs, with much patience and discretion without grudging, having endured the want even of all interesse and profit therof, we conceived ourselves interessed to recomend 1 John Sharp, or Scharpius, ' Scotobritannus, Andreapolitanus, Theologian Doctor et Professor,' was an alum?itis of the University of St. Andrews, and for some years minister of Kilmany, in Fife. Banished in 1606, with five other ministers, for the stand they made for the liberties of the Church in connection with the Assembly held at Aberdeen in 1605, he sought refuge, like most of the others, among the Protestants of France. For more than twenty years he acted as pastor and professor in the French Protestant ' Academia,' or University, at Die, in Dauphine, and for a time he held also the high office of rector. In 1610 he published a treatise Be Justificatione, and in 1618 a Cursus Theologicus, in two volumes, and some years after a Sytnphonia Prophetarum et Apostolorum. The Cursus contains a very laudatory dedication to King James as ' a/terum Salamonem in scientia renuyi divinarum et humanarumf which rather lends countenance to the assertion of Spottiswood, that he had in that year petitioned for leave to return, and promised to be more compliant. In 1630, in defiance of the privileges of old accorded to Scotsmen, he was required by Cardinal Richelieu to leave France. Soon after his return to Scotland he was appointed Professor of Divinity in the University of Edinburgh, and he continued to hold that office till his death in 1647. In 1638 he conformed to the changes then made, and embarked his whole fortune in 'the public cause.' The Parliament, in part at least, made provision for his re-imbursement out of the moneys pro- mised by the English Houses for payment of the Scottish army. — Acts of the Parlia.7nents of Scotland, vol. vi. Pt. I. p. 643. 6 JAN.] OF GENERAL ASSEMBLY, 1647 177 him to the Parliament, and their Lordships lies taken his case to speciall consideration, preferring his payment to others out of that money which the Parliament of England is to pay to this kingdome. Our earnest desire therfor to yow is, that you will activly do all what is in your power there for obtaining him speedy and sure payment. His own merit, known to yourselves, his former sufferings, not to be forgotten, and his condition, which is singular and without example (for we have not heard of another that hes given their whole stock and lyvlihood to the cause, and only for the cause), ar so forcible arguments for it, as we shall neither doubt of your care nor of the Parliaments favour. Remaining ever, Your loving brethren, Edinburgh, The Commissioners 5 Januarij 1G47. of the General Assembly/ Direct : For (heir reverend and loving brethren, the Com- missioners of the Kirk of Scotland at London. Edinburgh, 6 Januarij 1647. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. John Adam son : Mr. John Knox : Mr. David Drummond : Mr. Alexander Dickson: Mr. John Smith: Mr. Andro Cant: Mr. James Flemyng: Mr. Thomas Vassie : Mr. Robert Eliot : Mr. Patrik Flemyng- : Mr. Adame Penman: Mr. James Nasmith. Elders. — Lord Craighall : Laird of Libbertoun : Laird of Dudingstoun. Concerning the question propounded be Mr. Johne M'Ghie, Adulterers and touching the satisfaction of scandalous persons in Dalhoussies Daihoussles 1 " regiment, now lying about Tranent, the Commissions judgment Regiment- is, that the adulterers in the said regiment should be sent to the Presbyteries wher that offence wes committed to satisfie there, and fornicators to the Sessions in the parishens quhair they faulted. This day Mr. Johne Rosse appeiring personally, the Com- Mr. johne mission refuses his petition in dealing for his enlargement, and ^t°Birs. mimSter appoynts him to appeir before the Commission if it be sitting, or to acquaint the Moderator or Clerk before he go off the towne, if he be put to libertie, and requyres Mr. Robert Dalgleish in the mean ty me to get information of his mis- cariage from Adame Watt. The Commission appoynts the Moderator and these Com- M 178 PROCEEDINGS OF COMMISSION [20 JAN. Act appoynting the next quarterly meet- ing to be at Aberden. Prayers in Parliament. missioners in toun, with Craighall, Libbertoun, and Duding- stoun, to attend the Parliaments ansuer to the overture. The Commission finds a necessity of keeping at Aberden to take order with the enormities there : And therfor appoynts the next quarterly meeting in May to be at Aberden, and that letters be writtin to the brethren absent for this purpose ; desyring also Mr. Andro Cant to conveen the gentlmen in the North now in toun and attending the Parliament that they may prepare maters to this meeting in Aberden. The Commission appoynts Mr. Thomas Vassie to prav the morne in Parliament, Mr. Andro Cant on Frydav, Mr. James Nasmith on Satterday, Mr. George Leslie on Tewsday, Mr. William Dalgleish on Weddensday. This day the brethren present wer desired to keep the quarterly meeting on the secund Wednesday of Februar, and to give advertisment therof to such of their brethren in their own or the next adjacent Presbyteries as ar members of the Commission. Edinburgh, 20 January lb'47, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas: 'Sir. John Adamsone : Mr. William Colvill : Mr. James Flemyng: Mr. Patrik Flemyng : Mr. William Adair : Mr. Adame Penman : Mr. David Calderwod : Mr. Andro Cant : Mr. William Bennet : Mr. Robert Ker : Mr. Patrik Gillespie: Mr. Thomas Vassie : Mr. William Dalgleish: Doctor Colvill. Elders. — Lord Craighall : Laird of Dudingstoun : Lawrence Henderson. This day Messrs. Andro Cant, Johne Adamsone, Robert Douglas, William Bennet, being listed, the said Mr. Robert Douglas is chosen Moderator this session in all the meetings therof. Reasonesofthis Mr. Robert Douglas shew the brethren that the reason why meeting. ^^tin for them wes thought necessarie for the tyme in respect of bussines of great importance to Religion and the Kirk, which wes in agitation in the Parliament ; but that it hath pleased the Lord to bring the bussines to a very good conclusion upon Satterday, and that Libbertoun is sent away with their resolutions to England, the copie quhairof wer read this day in Commission for their information. The Commissioners of the Generall Assembly, considering that the Lord Balmerino and the Lord Waristoun, tuo of the Commissioners appoynted by the late Assembly for the Treaty 2o JAN.] OF GENERAL ASSEMBLY, 1647 179 of Vniformity in Religion and Kirk Government betueen the Act for adjoyn- kingdomes, ar at this tyme employed in this kingdome as ^ co^mi° n l ° members of the Parliament now assembled; and having sioners at certaine knowledge and experience of the faith fulnes and abilities of Mr. George Winrahame of Libbertoun, who is now sent in some publik employments from this kingdome to the Parliament of England : Therfor, according to the power com- mitted to them, they do hereby give fall power to the said Mr. George Winrahame, in the absence of the said Lord Balmerino, and of any other formerly designed and appointed in his Lord- ships place, or in the absence of the said Lord Waristoun, to joyne with the remanent Commissioners at London in prosecut- ing the Treaty of Vniformity with the honourable Houses of the Parliament of England and the reverend Assembly of Divines there, or with Committees from them, and to do all and evrie thing for promoving the said work, as freely and fully as any other of the Commissioners, or as if the Assembly had nominat and appoynted him to that effect. 1 Concerning the petition of Glenurquhie, the Commission Glenurquhy. appoynts this letter following to be writtin to the Presbyterie of Dunkeld, touching Mr. William Meinyies : — 'Right reverend, — Having received a petition from the Letter to the lairds of Glenurquhy representing to us the lamentable con- ^unkdd 17 ° f dition of themselves and their tennents, disabling them to give that mantainance and provision which is due to Mr. William Meinzies, their minister : Therfor our desire to yow is that the vaking fruits and stipends of any kirks within your boundis, which, by an act of Parliament printed (the copy quhairof we have sent unto yow under our Clerks hand, least ye have not the printed Acts of Parliament there), ar appoynted to be employed upon pious uses, may be given to him, or some com- petent proportion therof, for his present subsistance, and that the patron, titulars, heretors, and others adebtit in payment therof, be dealt with for that purpose, and that notwithstand- ing of the destination of the Act in favours of youths that have 1 This Commission is inserted at length in the Journals of the House of Lords, vol. viii. pp. 718, 719, and by authority of the two Houses Winraham was received as a member of the Westminster Assembly on 17th February 1646-7. 180 PROCEEDINGS OF COMMISSION [20 JAN. the Irish toung for their breeding at schooles and vniversities ; wheranent these presents shall sufficiently warrand yow, which we do seriously recomend to your care : And in the mean tyme that yow delay his transportation (which we heare is intended) for some time, being resolved also at our next meeting to think upon some farther mean for our brothers mantainance there : And that discipline in the mean tyme may be better exerced and execute in the said Mr. William his parish of Kendmoir, and the people may be the more awed when they see the same countenanced and authorized by yourselves, we think it wer verie convenient that yow send tuo or thrie of your number to joyne with the minister for nominating and appoynting a session in that congregation and fitting elders and deacons to regulat and order the same, and to crave accompt of their diligence in censuring of vyce and the dis- charging of other duties. Yow will also be pleased to have a care that the Kirk of Killie be provyded and all ministeriall duties done there in the absence of the minister, who is now at the army in England. Contending these things to your care, we remaine, Your loving brethren, Edinburgh, The COMMISSIONERS 20 January 1047. of the Gexerall Assembly.' For their reverend brethren of the Presbytery of Dunkeld. The Commission recomends the particular in Mr. Johne Neveyes letter concerning a manes boasting to make great oathes to the Lord Advocat to be taken order with by civill punishment. Glenluce. The Commissioners of the Assembly do humblie recomend the mater mentioned in the petition from the Presbyterie of Stanrawer concerning the division of the parish of Glenluce and the erection of a new kirk there to the honourable Estates of Parliament, and desires the Moderator and the ministers of Edinburgh with the Lord Craighall to assist the petition to be presented to the Parliament to that purpose. 1 Generaii King. The Commission recomends to Mr. Robert Douglas, Moder- ator, and Mr. Andro Cant to conferre with Generall King, and upon his acknowledgement of his bygone miscariage to receive him to the Covenant. 1 On 1 2th March 1647 the prayer of the petition was granted, and Glenluce divided into the parishes of Old Luce and New Luce. 2i JAN.] OF GENERAL ASSEMBLY, 1647 181 Edinburgh, 21 Januarij 1647, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Andro Cant: Mr. William Bennet: Mr. James Bonar : Mr. James Flemyng : Mr. A Villiam Colvill : Mr. William Adair : Doctor Colvill. Elders. —Lord Craighall : Laird of Dudingstoun : Lawrence Henderson : Thomas Pater- son. This day Mr. Robert Baillie having reported the condition Mr. Robert of the mater of Vniformity in England and the travells of the Bailhes Re P ort - brethren there, the Commissioners present having considered his report, as also the letters from the Commissioners at London, with the paper given by them to the Grand Committee there, do heartily and vnanimously approve and commend there brethrens diligence and travells. Followes the Commis- sioners letter and the said paper sent therwith : — ' Reverend and beloved brethren, — If yow had bene pleased Letter from the to have given us all (als well as one) leave to come home, we at°London nerS should have waited upon yow altogether with a joynt and full accompt of our diligence in what hath been entrusted to us. In the mean whyle the true condition of Church affairs here and of our endevours therin, will be represented unto yow by my Lord Chancellor (whose counsell and assistance, although in the midst of other weighty bussines, have not beine wanting unto us, and we ar confident will not be wanting to yow) and by our reverend brother, Mr. Robert Baillie, whose diligence heir hath been so great, and his paines so usefull, that if we could have had our option we should not have been parted, but either stayed together or returned together. 1 Wee remitt unto their relation any particulars wherin yow shall desire further information concerning the state of publict bussines here. They will also communicat unto yow the Confession of Faith, and our full paper concerning religion lately delyvered in to both Houses of Parliament 2 and to the Assembly of Divines, which 1 The Lord Chancellor, Lord Wariston, and Mr. R. Baillie, took their leave of the Westminster Assembly on 25th December 1646, the Earl of Lauderdale on 12th January 1647. Brief notes of their speeches and of the replies of the Prolocutor are given in Minutes of the Westminster Assembly , pp. 471-473. The treatise brought down by them was the first complete edition of the Con- fession of Faith, but without the Scripture proofs, which were only added in the edition of May 1647, brought down to Scotland by Gillespie in July. 2 This paper is inserted at length in the Journals of House of Lords, vol. viii. pp. 630-631. 182 PROCEEDINGS OF COMMISSION [21 JAN. paper hath severall additions in it, beside that which wes in the paper formerly sent unto yow. Wee who ar still here do humbly renew our former desire for your permission to come home, there being no great or necessary cause that we know of to keep us any long tyme heir in this employment. For the present, in case yow think fitt to keep us any whyle longer in this place, as we desire it may be for a short tyme, so for that short tyme of our stay we move (upon occasion of the Earle of Lauderdaill his resolution to go home) that ye may be pleased to nominat one, at least, of the Commissioners of the Parlia- ment resideing here, to assist us in the capacity of a ruling elder. So comending your meetings and consultations to the blessing of God, wee rest, Your loving brethren to serve yow, Worcester House, Lauderdaill, Samuel Rutherfurd, the 20th of December 1646. Geo. Gillespie." Direct: For the Right Reverend the Commissioners of the General! A sse mbly. Paper presented 6 As the other Reformed Churches have been much comforted sioners^t" 1 " 115 w ith the hopfull beginnings and some happy progresse of a Grand Com he §^ or ^ ous Reformation of Religion in this kingdome, so especially mittee there. the Church of Scotland (which is so neirly concernd and must needs expect to partake more then other Churches of the good or evill which shall here take root) hath greatly rejoyced and given thanks to God for so great a mercy. Neverthelesse they ar also myndfull of the vowes of God, which ar upon all the three kingdoms and upon all sorts and degrees of persons therin, according to their severall placeings and callings, to endevour such a Reformation of Religion in the kingdoms of England and Irland, in doctrine, worship, discipline, and government, as is according to the Word of God and the best Reformed Churches, and to endevour the neerest vniformity in all these betueen the Churches of God in the three kingdomes, together with the extirpation of haeresy and schisme, least par- taking in other mens sins they be in danger to receive of their plagues : which things they did not oblige themselves to endevour for a tyme, but constantly till they be obtained. Wherfor in pursuance of the ends of the Covenant, and in dis- charge of that trust which is committed to us, as lykwise that some of our number who ar now to returne into Scotland may 2i JAN.] OF GENERAL ASSEMBLY, 1647 183 be able to give a farther accompt to the Parliament of that kingdome, and to the Commissioners of the Generall Assembly at Edinburgh (both being now assembled), we have taken this occasion (without the least presuming to prescribe any wayes or to impose any conditions) to renew our most earnest desires to the honourable Houses of Parliament, and to the reverend Assembly of Divines for their part, that all possible care may be taken, and greater diligence used, to expedite the begun Reformation and Vniformity, to supply and make up those parts that ar yet wanting, and to put on and make effectuall what is already agreed upon. More particularly we do desire that some effectuall course may be provyded by Ordinance of Parliament for the taking of the Solemn League and Covenant by all per- sons, as well as in all places of this kingdome, and some con- siderable penalty or punishment (such as the honourable Houses in their wisdome shall think fitt) may be appoynted for such as refuse to take it (much more for such as reproach it or speak against it), and that by authority of both Houses of the Parliament of England, the Covenant, Confession of Eaith, Directory of Worship, Forme of Church Government and Catechisms may be setled in Irland as well as in England, according to the first article of the Solemn League and Cove- nant. Wee also desire that the Catechisme (now before the Assembly of Divines) may be perfected so soon as is possible : that the Confession of Faith may be established by authoritie of Parliament and immediately therafter sent into Scotland (as the Directory of Worship wes), to be agreed unto by that Church and kingdome, it being the cheefest part of that Vniformity in Religion, which both kingdoms stand bound by Covenant to endevour : that course may be taken for the better observing the Directory of Worship, which is, in many places of this kingdome, either wholly or in diverse materiall poynts neglected. And becaus the singing of psalmes in churches is a part of the publike worship of God, we desire that the Para- phrase of the Psalmes in metre, as it is now examined, corrected and approved by the Assembly of Divines here, and by the Commissioners of the Generall Assembly in Scotland, may be lykwise authorized and established by Ordinance of Parliament. Wee further desire that speciall care and speedy course may be 184 PROCEEDINGS OF COMMISSION [21 JAN. taken for the choosing of ruling elders and the erecting of classical presbyteries and congregationall elderships throughout the whole kingdome (these things not being yet done except in some places), and that the censure of excommunication and some other things belonging to the meeting, constitution and power of Synods nationall and provinciall, and of the sub- ordinat ecclesiasticall assemblies, contained in the advice of the reverend and learned Assembly of Divines to both Houses of Parliament, and in our Remonstrance dated Marche 26, 1646, delivered also to both Houses (which things ar not yet setled by Ordinance of Parliament), may be taken into con- sideration by the honourable Houses and their resolution known therupon ; and that in the mean whyle (as well before as after the full setleing of Church Government) the civile power may (according to the Word of God and the example of godly magistrats both of old and of late) proceed to the suppressing of those scandalous doctrines or practises which ar destructive to the Christian faith, the power of godlynes, or the peace of the Church ; there being nothing more pernicious both to Church and State than the leaving of all men to an autonomy in religion. For although it be farre from our thoughts to be so rigide as to desire, or by intention, counsell or suggestion, to be accessory to the troubling of pious and peaceable men, who through scruple of conscience cannot in all things come up to the rule of Church Government, and as it never wes, so it is not our purpose to make any impediment to the forbearing of such, so farre as may agree with the Word of God, stand with the publike peace, and not be destructive to the order and government of the Church, yet we cannot choose but discharge our consciences in representing the extreme necessity that some speedy and effectuall remedie may be provyded against the separating and withdrawing from, or gathering churches out of the true Reforming Churches of this nation, as if membership therin wer unlawfull ; as likwise against the preaching of such as have neither received ordination nor have bene offered to any orderly try ell and approved as candidats or probationaries for the ministrie : and above all against the infection of per- nicious hseresies, which multiply, grow and spread daylie more and more, to the great dishonour of God, to the shakeing of 2i JAN.] OF GENERAL ASSEMBLY, 1647 185 the verie foundations of the Christian faith, to the seduceing and destroying of many poore soules, to the hardening and strenthning of the common enemy, to the renting and divyd- ing of Church and State, to the scandalizing of the Reformed Churches, and to the disappoynting of the ends of the Covenant. So that it is now high tyme to purge out (we cannot say a litle leaven, but) that which hath already leavened a great part of the lump, and may (if connived at) quickly leaven the whole. For which cause (the danger being so great and imminent) we can not forget to mention the pressing and vrgent necessity of restraining effectually the unparaleld, scandalous, licentious printing and publishing of books, both against Magistracy and Ministry, and particularly against the authority of Parliament, against the reverend Assembly of Divines, against the Covenant, and the publik nationall Reformation, against the vnion of the kingdomes, against the Church and kingdome of Scotland and all the Reformed Churches, yea against Jesus Christ himself and the sacred Word of God. ' Although these things ly sad and heavy upon our spirits, yet we do not only pray, but trust that God will so direct the counsells and prosper the endeavours of the honourable Houses of Parliament for the Reformation of Religion and peace of the Church, that their care and zeale may appeir to be greater for the things of Christ then for their own things, to the glory of God and of his Sone Jesus Christ, the only Head and King of his Church, to the strenthning of the hearts and hands of their freends, and to the stopping of the mouths of their adversaries. 4 The particulars above expressed we offer to this honourable and reverend Committee, to be represented to the tuo Houses of Parliament, whose resolution and ansuer therin we earnestly desire, not only for our own exoneration, that we may season- ably give an account of our proceedings to those who have entrusted us, and do expect a further account from us, but also for the comfort and encouragement of the Church and kingdome of Scotland, who wait for, and will look upon the progresse of the so much desired Reformation and Vniformity in Religion, as the cheefest and most comfortable recompence of all their paines, hazards and sufferings, and as the strongest and surest bond for keeping fast and firme the 186 PROCEEDINGS OF COMMISSION [10 FEB. happy vnion and conjunction of the kingdoms against the common enemies, which hath bein and shall be our earnest prayer and faithfull endevour, being confident of our brethrens reciprocall affections for continuing and strenthning this vnion, and for transmitting it to the generations following. 1 Edinburgh, 10 Februar 1647, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas: Mr. James Fleming: Mr. Johne Knox at Dalkeith : Mr. Thomas Wilkie : Mr. Johne Nevey : Mr. Johne Hay: Mr. Patrik Colvill : Mr. Robert Knox: Mr. Andro Cant : Mr. >Villiam Dalgleish : Mr. James Guthrie : Mr. .Johne Knox at Selkirk : Mr. Robert Eliot: Mr. Johne Weir: Mr. .Johne Duncan: Mr. Samuell Oustean: Mr. James Nasmith : Mr. William Colvill : Mr. William Bennet: Mr. Alexander Dicksone. Elders. — Lord Marques of Argyle : Earle Lawderdaill : Lord Craighall : Laird of Dudingstoun : Laird of Brodie : Thomas Paterson. Moderator. In absence of the Moderator, Mr. Robert Blair, Messrs. Andro Cant, Robert Douglas, Johne Duncan, Johne Knox, being listed, the said Mr. Robert Douglas wes chosen Moderator for this meeting. Report of the This day the Moderator reported that the Parliament had ansuer concern- taken a satisfactory course for setling the mater concerning ing the mater of |- ne j a j- e e } ec ti 0 n of the Magistracie and Counsell in Aberdene 1 Aberden and 0 Glasgow. and Glasgow, according to the desires of the petitions presented from the Commission to their Lordships. Thanks to Earle The Earle of Lawderdaill this day presented a letter from Lawderdaie. ^ e Commissioners at London, which being read, the Com- mission gave his Lordship thanks for his paines and travells in the maters he wes entrusted with by the Assembly ; desyring the continuance of his Lordships travels when his affairs might permitt his returne to London. Tenor of the letter followes: — Letter from the ' REVEREND AND BELOVED BRETHREN, — Wee have received tuo at 0 L?ondon, nerS or> yours dated the 5th of this moneth, concerning which we presented by uo ^ neec i |- 0 ma k e anv other ansuer but to referre vow to Lawderdaie. ( J J the relation of the noble bearer, the Earle of Lawderdaill, whose presence and great paines here hath bene diverse wayes verie usefull in the prosecution of this great bussines, wher- with yow did entrust his Lordship and ws. He will give yow a full accompt both of that which is done in the bussines of 1 Acts of the Parliaments of Scotland, vol. vi. Pt. I. p. 688 io FEB.] OF GENERAL ASSEMBLY, 1647 187 Doctor Sharpe recomended by yow, and of so much as is past in the publik affairs since my Lord Chanceller and Mr. Baillie went from us. So, praising God for his blessings upon your meetings and consultations, and praying for the continuance of his assistance with yow, we rest, Your loving brethren to serve yow, Worcester House, Subscribitur, Samuel Ruthereurd, the 13th of Januar 16±7. Geo. Gillespie.' Direct : For the Right Reverend the Commissioners of the Genercill Assembly at Edinburgh. Other tuo letters produced from the Commissioners at London, which with the papers therwith sent wer read. Tenor of the letters followes : — 'Reverend and reloved brethren, — Having received a sadde Another letter information from Alexander Riddoch of Leith, concerning the commissioner Scots captives in Argeirs, in number about sixty (whose petition at London, and other papers sent from them by him ar now transmitted to the Parliament 1 by their Commissioners here), wee could do no lesse, bein moved in the bussines, then to recomend it unto your charitable and speciall care, either for a voluntary con- tribution there toward the releef of these poor captives, or any other way which ye shall think fitt to represent to the Parlia- ment ; and to give your best assistance in the prosecution therof, wherin that yow may be the better informed, yow may be pleased to take notice of this inclosed paper, and to do quickly whatsoever yow think good in it. The Assembly of Divines, after they had made some pro- gresse in the Catechisme which wes brought in to them from their Committee, and having found it verie difficult to satisfy themselves or the world with one forme of a Catechisme, or to dress up milk and meat both in one dish, have after second thoughts recomitted the work, that tuo formes of Catechisme may be prepared, one more exact and comprehensive, another more easie and short for new beginners. 2 In the mean whyle, 1 The Parliament resolved to take conjoint action with the English Parlia- ment for the redemption of these captives, as will be afterwards explained. 2 Mimites of Westminster Assembly, p. 321. They had proceeded as far as the exposition of the Fourth Commandment before resolving to have two. 188 PROCEEDINGS OF COMMISSION [10 FEB. the Assembly is about the adding of scripturs in the margent of the Confession of Faith (according to the order of the House of Commons), and they have already gone through some chapters of the Confession with the texts added. We have herewith sent yow the resolution 1 of the Ministers of Lancaster, whose zeale and forwardnes for the erecting of Presbyteriall Government in that county hath been eminent and examplary, and we conceive will be unto yow no smal comfort and encouragement. So comending your counsells and endevours to the blessing of God, wee rest, Your loving brethren to serve you, Worcester House Sub.scnbitur, Samuel RuTHERFURD, the 19th o/Januar 1647. Geo. GlLLESPIE.' Direct: For the Right Reverend the Commissioners of the Generall Assembly of the Kirk of Scotland. Another letter ' RlGHT HONOURABLE, RIGHT REVEREND AND BELOVED BRETHREN, Commissioners — Having heard of a more full and frequent meeting to be at London. keept by yow upon the secund Weddensday of this moneth, we can not conceale from yow such further progresse as is made here towards the carying on of the Reformation, besides what yow had account of formerly, first from our reverend brother, Mr. Robert Baillie, and afterwards from the Earle of Lawderdaill, besides also our letters of the date the 19th of Januar. There is a generall humiliation appoynted to be keept throughout this kingdome upon the 10th of March next, because of the growth and spreading of errors, haeresies and blasphemies. Wee have sent yow here inclosed the Order of the House of Commons for that humiliation, together with an Ordinance or Declaration to be read in all churches of this kingdome upon the day appoynted, which Ordinance being past in the House of Commons is sent to the House of Lords, whose concurrence in it we do not doubt of. 2 The Grand Committee of the House of Commons is proceeding upon the Ordinance which wes sent to them from the Lords for sup- presing the preaching of such as ar neither ordained nor ar 1 Probably for the union of the several Presbyteries in one Provincial Synod, which was authorised by the two Houses on 2ist December 1646. 2 It is entered in the Journals of the House of Lords, vol. viii. pp. 706-707. io FEB.] OF GENERAL ASSEMBLY, 1647 189 licensed as probationaries for the ministry. They have voted that such shall for the first fault be imprisoned a whole moneth without baile or mainprize. 1 What shall be the higher degrees of punishment for the reiterated offence they ar yet to determine. These particulars ar lookt upon as of the greatest present necessity, which occasioneth the delay of the Ordinance concerning the Covenant and other things yet waited for. The new Psalme book, reprinted with the last amendments sent us from your Committee there, is not yet come from the presse, but it is promised to ws the next week, and we shall then, God willing, send it to yow. 2 As for that paper con- cerning Religion delivered in from us to both Houses (the copie quhairof yow had from Mr. Robert Baillie), there is a fair ansuer to it past in the House of Lords, which is sent from them to the House of Commons. We heare that the three com- missioners from the honourable Houses sent to Newcastle ar appoynted to repare to Scotland, and Mr. John Ward, a member of the Assembly of Divines, being in their company, we have thought it our duety to recomend him to your speciall favour and kyndest respects, as a brother of known integrity, who deserveth an ample testimony and great encouragement for being so well affected and active towards the ends of the Covenant and the publick good of both kingdoms, which is also well known to others there, who wer heir with us not long ago. So comending your meetings and all your labours to the rich blessing of God, we rest, Your most affectioned brethren to serve yow, Subscribitur, Samuel Rutherfurd, G. Wyneame, George Gillespie.' Worcester House, the 2d ofFebruar 1647. Postscript. — 'The Assembly proceeds in adding texts of Scriptur for proof of the particular articles in the Confession of Faith, untill the Committee appoynted to prepare the tuo formes of Catechisme be ready to make their report.' Direct : For the Right Reverend the Commissioners of the Generall Assembly mett at Edinburgh. 1 Journals of the House of Commons •, vol. v. p. 109. 2 This, 'the ultima atra,' was sent down on 16th February. 190 PROCEEDINGS OF COMMISSION [10 FEB. Declaration in favour of the widowes and orphanes in Broadalban. Lord Aythin. Viscount of Airds. Petition to the Parliament in favour of the Viscount of Airdes. Concerning the petition of Glenurquhy, the Commission declares that the Act and letters touching a charitable contri- bution to the distressed people in Argyle is comprehensive of the weedowes and orphans in Broadalbane, and to be extended as largely as the Act of Parliament 1 of the first of Januar recomending a contribution ; and that therfor some proportion of the contribution collected should be given to the said widowes and orphans in Broadalbane. To which purpose they desire Messrs. Andro Cant, William Bennet, and the Lord Craighall to speak the Lord Marquis of Argyle, that the pro- portion may be agreed upon and determined. This day Messrs. Andro Cant, William Colvill, William Bennet, James Guthrie, and Johne Nevey desired to speak with the Lord Aythan concerning his subscribing the Covenant. Concerning the letter from the brethren at Carrikfergus in Irland touching the liberation of the Viscount of Airds, the Commission appoynts this petition to be presented to the Parliament in his behalf by Messrs. Andro Cant, Johne Nevey, James Nasmith, and the Lord Craighall and Dudingstoun. ' To the honourable Estates of Parliament the humble petition' of the Commissioners of the General! Assembly : 'Humblee Sheweth, — That it is not unknown to your honours how the Lord Viscount Montgomerie of Airds, within the kingdome of Irland, hath now of a long tyme been captive and in bitter bondage with the barbarous and bloody Irishes. Wee shall not need to put your honours in remembrance that he is vour flesh and your blood, nor yet how he is of the same body and in the same bond of the Covenant ; only your honours may call to mynd when Commissioners wer sent from hence to tender the Solemne League and Covenant to your army, how chearfully he did offer himself, and joyne in the same, despys- ing all terrors and hazards, and how faithfully and zealouslie he hath laboured to promove the same, not loving even his life unto death, as wes most amply and solemnly testified unto us in the late Generall Assembly, and now againe by a letter 1 Acts of the Parliaments of Scotland, vol. vi. Pt. I. p. 643. Contribution to be for relief and supply of the starving people in Argyle, and for supply of the widows and orphans in Braidalbane. io FEB.] OF GENERAL ASSEMBLY, 1647 191 from the Presbyterie of our army within that kingdome : As also how, in the day of our distress, he offered himself willingly unto our help, and still hath been verie helpfull and refreshfull to our forces there, to the great damnage of his estate. May it then please your honours, in this day of his distresse, to be comfortable to him, and to applie and bestirre yourselves in the use of the best means for his releeff and subsistence. So shall ye encourage others to be forward for God and zealous of their countreys good, when the coall that is left shall not be quenched, according to your power and interest, and contribute much to the promoving of the work of Reformation there, which is like to be crushed in the birth through want of encouragements. 1 1 The Commission of Assembly, considering that Doctor Dr. Strang. Strang, now come to this toun, is much distracted from his attendance upon the Colledge, and seing it is uncertain when the copies of his Dictats shall be transcribed ; do therfore con- ceive that he needs not come to this toun about that mater con- cerning the examination of his Dictats whill he be advertised. 2 In the mean tyme they will take to their consideration the morne how the copies of his Dictats may be quickly transcribed, and speak with Mr. Johne Adamsone to that purpose, to whom the transcribing of some copies wes recomended by the Assembly. Concerning the desire of the town of Edinburgh for Mr. Mr. James James Gordoun 3 to be employed in this toun some space for description of the mappe of this toun, the Commission appoynts a letter to be writtin to the Presbyterie of Strathbogy to that 1 On the following day measures were taken by the Parliament for his relief. 2 Strang appears to have favoured the opinions of Cameron and the Saumur theologians, and so to have fallen under the suspicion of the more extreme Calvinists. Baillie, who was his friend and ultimately became his son-in-law, in transmitting a paper of his on ' God's permission of the existence of sin ' to his correspondent in Holland, says of him, ' I do not like his withdrawing from the divine decree the act and entity of any sin, much less of free and indifferent actions : in this I think he sways too much to the one hand. But I fear those he refutes will be found in as dangerous errors. ... I do pryse the man's ingyne and learning much more than before, and think him now among the best scholars of the Reformed Chnrch.' — Letters t vol. iii. pp. 5-13. 3 For an interesting notice of Gordon and his maps or plans of Edinburgh and ■other Scottish cities see Bannatyne Miscellany, vol. iii. p. 323. 192 PROCEEDINGS OF COMMISSION [n FEB. purpose, and for supply of his place during that his employ- ment. This day Mr. George Balfour, one of the distressed ministers in the Presbyterie of Forres, recomended seriously to the Par- liament, and the brethren appoynted to present the petition in behalf of the Viscount of Airds ar desired to assist also his petition. Concerning the petition of Mr. Johne Rosse, minister at at°A S ssim. iniSter Assint, the Commission desires Messrs. William Bennet and William Colvill to speak to the Earle of Seafort for taking course with reparation of his losses, which he lies sustained by him or his freends, according to the Earls promise to the Commission. The next meeting the morne before noon. Recomendation Mr. George Balfour to the Parliament. Mr. Johne Mr. Zachary Boyd. Edinburgh, 11 February 1647, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. W illiam Colvill : Mr. William Dalgleish : Mr. James Guthrie : Mr. Thomas Vassie : Mr. Johne Knox at Selkirk : Mr. Robert Eliot : Mr. Patrik Colvill: Mr. Johne Moncreiff : Mr. Patrik Gillespie: Mr. James Nasmith : Mr. Alexander Dickson : Mr. William Bennet : Mr. Andro Cant: Mr. James Flemyng : Mr. Robert Murray: Mr. Johne Knox at Dalkeith: Mr. Thomas Wilkie : Mr. Johne Nevey : Mr. Johne Hay: Mr. Johne Duncan : Mr. Johne Smith : Mr. Robert Knox : Mr. Samuell Oustean : Mr. Johne Adamsone : Mr. Robert Wright. Elders. — Lord Craighall : Dudingstoun : Thomas Paterson : Mr. David W eyms. The Commission appoynts a letter of encouragement to be writtin to Mr. Zechariah Boyd for his paines in his Paraphrase of the Psalmes, shewing that they have sent them to their Com- missioners at London, to be considered and made use of there by these that ar upon the same work. Doctor Strang. This day the Commission, taking to their consideration the best way for geting copies of Doctor Strangs Dictats, do appoynt Mr. David Dickson to provyd a copie of these Dictats for the brethren in the West appoynted by the Assembly for revising therof ; that Doctor Colvill provyd another copie for the brethren in St. Andrews and in the North ; that the copie sent lately to this toun be sent to the brethren in the South ; and that the copie transcribed by Mr. Johne Adamson serve the brethren of this province appoynted for revising of the said book ; and think it also fitt that all the revisers meet together ii FEB.] OF GENERAL ASSEMBLY, 1647 193 to conferre their observations together in May, at the next quarterly meeting of the Commission, and being mett they may send for the Doctor if they find a necessity. The Commission doeth now againe appoynt the next q uar- Meeting in terly meeting in May to hold in Aberdein, to take course with Aberdem - the great disorders in these parts, and the brethren present promised to keep that dyet : As also letters ar appoynted to be writtin to require all to keep that meeting. Messrs. Robert Knox, Johne Knox, James Guthrie, Thomas Mr. James Wilkie, Andro Cant, Johne Smith, and Patrik Gillespie, with Urc i uhart - the Moderator, ar desired to consider what course shall be taken with Mr. James Vrquhart. The next meeting afternoone. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. William Dalgleish : Mr. John Knox at Dalkeith: Mr. John Hay: Mr. Robert Eliot: Mr. John Smith: Mr. John Duncan: Mr. James Guthrie : Mr. John Knox at Selkirk : Mr. Patrik Colvill : Mr. John Weir : Mr. Robert Wright : Mr. John Adamson : Mr. James Fleming : Mr. Alex- ander Diksone : Mr. Thomas Vassie : Mr. John Moncreiff : Mr. Patrik Gillespie: Mr. Robert Knox: Mr. Thomas Wilkie: Mr. John Nevey : Mr. James Nasmith : Mr. Andro Cant : Mr. William Colvill : Mr. William Bennet. Elders. — Lord Craighall : Dudingstoun : James Stuart : Lawrence Henderson : Thomas Paterson : Mr. David Weyms. In ansuer to the letter from the Presbyterie of Dumfreis con- Concerning cerning Amisfeild and others therin mentioned, the Commis- ^hers— the^ sion returnes this following letter : — answer to ° Presbyterie of 4 Right Reverend, — We did indeed desire your brethren, and and Cowhiii, others also, to receive the confessions of these that joyned with ^"wbie" the rebells, not only verbally, but under their hands, wherin we conceive expressions ar not to be stood upon with them so they do the thing materiallie and fullie. Your brother, Mr. Samuel Oustean, can shew yow our own practise with others in their condition, and more particularly informe yow of our judgment herein. As for Cowhill, Gribtoun, and Mawbie, if they do not appeir before yow, what is incumbent to yow to do for such obstinacie and contempt yourselves know ; and when they shall returne and offer their humble obedience and satisfaction, we ar still of the opinion delyvered upon the 24 of November last to your brethren that come from yours. We N 194 PROCEEDINGS OF COMMISSION [12 FEB. have no more to say, but comends yow to the Lords speciall blessing, remaining, Your loving brethren, Edinburgh, 1*1 IE Commissioners of 11 February W±~. THE GeNERALL ASSEMBLIES Direct : For their reverend brethren of the Presbyterie of Dwmfreis. Mr. James Concerning Mr. James Vrquhart, it is the opinion of the Urquhart. Commission of Assembly that Mr. James be continued under suspension in respect of his present infirmity both in bodie and mynd ; and they recomend to the Presbyterie in the meantyme to take some course for provyding the kirk with an actuall minister, in such a way as Mr. James shall have still a com- petent part of the stipend. George Pringie. This day George Pringill, sone to James Pringill of Buck- holme, compeiring personally, and giving in the declaration and confession of his offences subscribed by his hand, the Com- mission remitts him to the Presbyterie, to satisfie according to the Act of Assembly, etc. ; recomending to them to be carefull to bring him to some sense of his offences before his satisfaction be received. The next meeting the morne before noon. Edinburgh, 12 February 1647, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Johne Adamsoiie : Mr. John Knox at Dalkeith : Mr. Thomas Vassie : Mr. William Colvill: Mr. William Dalgleish : Mr. John Dalyell : Mr. Robert Eliot : Mr. John Moncreiff : Mr. Johne Duncan : Mr. James Guthrie : Mr. John Knox at Selkirk : Mr. Patrik Colvill : Mr. Johne Weir: Mr. William Bennet : Mr. Alexander Diksone : Mr. Johne Smith : Mr. Robert Knox : Mr. Thomas Wilkie : Mr. Johne Nevey : Mr. James Nasmith : Mr. Andro Cant : Mr. Robert Murray : Mr. Patrik Gillespie: Mr. Samuel Oustein. Elders. — Lord Craighall : Duddings- toun : Thomas Patersone : Mr David Weyms. LordAythin. This day, Generall King, now Lord Aythin, appeiring personally, did show that, as he had satisfied the Estates, he desired also to satisfy the Kirk, acknowledging his miscariages in the cause ; and that now, having satisfied himself in his doubts and scruples, he earnestly desired to be received to the Covenant in testimony of their satisfaction with him. The Commission resolved to receive him to the Covenant, but con- tinued his receiving till Moonday. 12 FEB.] OF GENERAL ASSEMBLY, 1647 195 The Commission appoynts Messrs. Robert Murray, James Mr. Fergus Guthrie, James Nasmith, William Bennet, William Colvill,. Johne Nevey, and Dudingstoun to consider on the best way for pro vy ding Mr. Fergusse Alexander and Robert and Coline Campbells. Mr. James Layng appeiring this day with his petition, and Mr. James the Presbyteries testimony of their satisfaction, the Commis- Layng " sion continues the bussines till afternoon. This day Mr. Samuell Oustein desired to go to the Parliament Kirk of and assist the petition for transplanting the Kirk of Dunscore. Dunscore - Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. William Bennet: Mr. James Guthrie: Mr. James Nasmith: Mr. John Weir: Mr. Robert Eliot: Mr. John Knox at Selkirk: Mr. Robert Murray: Mr. Thomas Donaldsone : Mr. William Colvill : Mr. Andro Cant : Mr. John Nevey: Mr. John Smith: Mr. Robert Knox: Mr. John Duncan Mr. Thomas Wilkie : Mr. Alexander Dicksone : Mr. Samuell Oustein : Mr. Patrik Colvill. Elders. — Laird of Dudingstoun: James Stuart: Thomas Patersone : Lawrence Henrysone. This day Mr. James Layng being called and appeiring, the Mr. James Commission, finding some things in processe requyring further Layng ' tryell, do appoynt summonds to be direct to summond wit- nesses for proving therof to Tewsday next. The Commissioners of the Generall Assemblie ordains the Remonstrance presented to the honourable Estates of Parliament, together with the Parliaments ansuer therunto, to be foorthwith printed. Tenor of the Parliaments ansuer 1 followes : — ( Edinburgh, 11 February 1647. ' The Estates of Parliament now conveened in this sixth session The Parlia- of the first triennial parliament, having seriously considered the (J^l Remon- Remonstrance of the Commissioners of the Generall Assembly pre- strance. sented to them, Do, with all thankfull acknowledgment, receive the pious and seasonable admonitions and exhortations therin- contained, and returne to their particular desires this following ansuer : — ' 1. That they do hereby ordaine all Acts already passed for punishing of vice and advancing of vertue to stand in force and be 1 The spelling of this document, as given in Acts of Parliaments of Scotland, vol. vi. Pt. I. pp. 691, 692, is much more antique than it is in this record. 196 PROCEEDINGS OF COMMISSION [12 FEB. put to dew execution, recomending the same to all the Ministers of Justice whom it concerns : And that they ar yet readie to enact any further new lawes and Ordinances necessary for that purpose, having appoynted a Committee for Acts and Overtures to meet with Mr. James Robertoun, the Justice deput, at all con- venient occasions, for receiving and considering the desires and overtures of the said Commissioners and to prepare a report of their opinions therin to the Parliament with all diligence. ' 2. That they have been ever carefull to preserve that Bond of Vnion betueen the kingdomes, and to prosecute the worke of Vniformity according to the Covenant, still resolving zealouslie to studie the same ; That they have yet againe made their humble addresses to his Majestie for signing the Covenant and satisfying the desires of his Parliaments of both kingdomes ; all which their instructions to their Commissioners at London and Newcastle and their letters to the Parliament of England do sufficiently expresse ; and what further is to be done in relation to these particulars shall be communicat to the Commission from tyme to tyme that they may joyntly concurre according to their place and vocation for prosecuting therof. ' 3. Touching the particulars concerning these persons brought off the Rebellion by the Generall Major 1 thereunto warranted, that the publik faith so given unto them is not to be violated. But for the better securing the peace and quyet of the kingdomes, these persons brought off the Rebellion are hereby appoynted to give such further assurance of their good and regular behaviour in time coming and for keeping the peace, as is conforme to the former lawes and practises. And in the meantyme, that such of them, and others accessorie to the Rebellion and under censur of Church and State, whom the Committee therunto appoynted shall think fitt, be comanded off toun, and that an Act and Pro- clamation be drawne by that Committee and speedily expedited and prepared for the Parliament to that effect ; Ordaining further that the saids persons brought off the Rebellion, and any others guilty of the crimes mentioned in the first classe of the Act at St. Andrews, shall not be admitted to sitt in any publik Judicatories, nor enjoy and exerce any offices or places of trust, civill or military, during the tyme of these troubles, and longer during the pleasure of the Parliament, without prejudice to persons who have heritable offices to nominat and appoynt by the advice of Parlia- 1 Middletoun, who was then in high favour with the Estates. 12 FEB.] OF GENERAL ASSEMBLY, 1647 197 ment, Committee of Estates, or Secret Counsell, fitt persons, against whom there is no just exception, to be their deputs in these offices. And it is also hereby declared that these persons brought off the Rebellion ar not to be in a better condition then other subjects, but that they ar and shall be lyable and subject in payment of all loans, taxes, monethly maintenance, and of their proportions for leavies of foot and horse at the rate and pryces set doun by Acts of Parliament, or Committee of Estates, or Com- mittees of Warre, in shires where they have interest respective, and of all other publik burdens, impositions, and duties whatsom- ever for all yeirs bygone and in tyme coming, as fully and in the the same maner as any other person is or hath been subject ther- unto. ' 4. That all the former lawes and ordinances against excomunicat persons ar hereby appoynted to stand in full force and vigour, recomending to evrie one whom it concerns to put the same to due execution : And what shall be found further necessary from the Parliament to make that dreadfull ordinance of God sensible to such obstinat offenders, and to have due regard and reverence from all, is to be considered by the said Committee to quhom the Overturs of the Commission to that purpose ar referred ; and after returne of their report, the Parliament will take the same to speciall consideration. ' 5. That they ar verie sensible of the distresses of the Province of Argyle, and have already provyded some means for their present subsistance and relief: Resolving still to take further course for their help and succour, and to prosecute the warre against the rebells, not only there, but in all the parts of the kingdome. ' 6. That the bussines of Ireland is carefully recomended to the Grand Committee, wherin, after the result of their consultations shall be returned, they ar to take some speedy and effectuall course accordingly. e 7. That they judge it most just and reasonable that the Judicatories of the Kirk be preserved in their integrity and authority, that insolencies against them be exemplarly punished, and that particular Ordinances be drawne for that purpose, which is hereby recomended to the said Committee of Overturs. ' 8. That they have recomended to the generall officers to punish the insolencies and disorders of souldiers committed before this tyme ; and for preventing the lyk heirafter, they ar to consider the report of the great Committee, and to take course how the 198 PROCEEDINGS OF COMMISSION [15 FEB. officers that ar to have com and may give assurance for restraining and redressing such insolencies and disorders for time to come. 'And the Estates of Parliament hereby Statut and Ordaine that the particular ordinances, declarations, and ansuers above expressed, shall have the strength and authority of Acts, Declara- tions, Ansuers, and Ordinances of Parliament, conforme to the tenors and natures therof respective. Subscr. Alex. Gibson, C/s., Reg"-' This day the mater concerning Halyburtoun delayed, and he appoynted to be cited untill the next meeting. The next meeting upon Moonday. Edinburgh, 15 February 1647. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Andro Cant: Mr. William Dalgleish : Mr. James Nasmith : Mr. Robert Knox: Mr. Robert Ker : Mr. Thomas Wilkie : Mr. William Bennet : Mr. Robert Murray : Mr. John Knox at Dalkeith : Mr. Robert Traill : Mr. John Knox at Selkirk: Mr. John A\"eir : Mr. Samuell Oustein. Elders. — Laird Dudingstoun : James Stuart : Thomas Paterson : William Home. Letter to The Commission appoynts the letter following to be sent to Munro. 1 ^ Ia ^° r Generall Major Monro in ansuer to the Presbyterie of Carrik- fergus letter : — 4 Right Honourable, — Whilst the Commissioners of the Generall Assemblie do sitt heir at Edinburgh attending the affairs of the Kirk according to the trust put on them, we receive letters from the brethren of the ministrie who do wait on the regiments under your honours command, by which we ar informed of some bad and unreasonable men, small freends to the cause, who do bestirre themselves to hinder the rise and growth of the work of God, and to crosse, so farre as in them lyeth, the setling of honest and able ministers in these quarters, by going about to cutt them short, if possiblie they can, off the means of their lyvlihood and maintenance, when they find themselves frustrat of the successe of their other bywayes and designes. Therfor, being fullie persuaded of your faithfulnes, constancie, and straightness in the cause of the Lord, for which we do blesse God in your behalf, and beseech His Majestie to lett furth more of his Spirit abundantly upon yow, for helping the Lord against the mightie and promoving his work ; being confident also of your readines to countenance 15 FEB.] OF GENERAL ASSEMBLY, 1647 199 and beare out men in the ministrie of good report, and of your care to see that land planted by able and well qualified men, and the Gospell established there, we have thought good to recomend unto your honour the furtherance and assistance of the complainers and to intreat for them, that wicked men, enemies to the power of godlynesse, may be disappoynted, and faithfull, able ministers, whether enterd or to enter, may be encouraged and their hands strengthened ; by which you shall oblige us more and more to be, Your honours remembrancers and servants in the Lord, Edinburgh, The Commissioners 15 February 1G47. of the General Assembly/ Direct : To the much honoured Generall Major Monro. The Commission of the Generall Assembly, vnderstanding Mr. Fergus the good cariage of Mr. Fergus Alexander, minister at Kil- Alexander - mood, in Irland, whilst he wes with our army in England, do therfor recomend him to the Presbyterie of Air, to be taken to speciall consideration, and provyded to any vaking kirks in their bounds as they shall find fitting. The Commission of the General Assembly, understanding Mr. Colin the good cariage of Mr. Coline Campbell in the calling of the Cam P be11 - ministrie at Killin, as also with the army, do therfore recomend him to the Presbyterie of Dunkeld and the brethren adjoyned to them, for planting the kirks of Atholl, that he may be taken to special consideration, and provyded to any of these vacant kirks as they shall think fitting. 1 The Commission of the Generall Assembly do recomend Mr. Mr. Robert Robert Campbell to the Presbyterie of Dunkeld and the CampbelL brethren adjoyned to them, for planting the vaking kirks of Atholl, to be taken to speciall consideration, that after tryell he may be admitted to any of the vaking kirks as they find fitting*. 2 The Moderator, Messrs. Andro Cant, William Bennet, 1 He was admitted to the church of Blair Atholl before 1650, in 165 1 he joined the Protestors, and in 1661 conformed to Episcopacy. — Scott's Fasti, vol. iv. pp. 792, 824. 2 He was admitted before April to the church of Moulin. He, too, joined the Protestors, but did not, like the minister of Blair Atholl, conform to Episcopacy in 1661. Scott's Fasti, vol. iv. p. 811. 200 PROCEEDINGS OF COMMISSION [16 FEB. Robert Murray, Mungo Law, Robert Ker, and Dudingstoun, and James Stewart ar desired to go to the Lovetennent Generall, Sir James Lumisden, and the Generall of Artillerie, and give them hearty thanks in name of the Commission for their faithfull and gallant cariage in their employments with the army in England. The next meeting the morne. Edinburgh, 16 Fchruarij 1647, antr meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Johne Adamsone : Mr. Robert Knox: Mr. Robert Wright: Mr. Jolin Knox: Mr. John Knox in Dalkeith: Mr. Robert Ker: Mr. John Xevey : Mr. John Smith: Mr. Andro Cant : Mr. John Moncreiff: Mr. William Dalgleish : Mr. Robert Traill : Mr. John Weir : Mr. Samuel Oustein : Mr. Patrik Colvill : Mr. James Guthrie : Mr. Patrik Gillespie : Mr. James Nasmith. Bidders. — Lord Angus : Lord Craighall : Laird Dudingstoun : Thomas Paterson : William Home. This day the letter following from the Commissioners at London wes read : — Letter to the 6 ReVEBEND AND BELOVED BRETHREN, 111 OLir last of the 2d of Commissioners . „ , . j at London. this moneth, we gave yow an accompt ot what wes then done, since which time there is some further progresse made. The Ordinance to be read in all churches of this kingdome, as it is now past both Houses of Parliament, ye will receive here- inclosed. And as for that other Ordinance against the preach- ing of such as ar not ordained, nor yet licenced as expectants, we informed yow before what wes voted by the Grand Com- mittee of the House of Comons for the first offence. They have since voted that the secund offence shall be punished with thrie moneths imprisonment without baile or mainprize, and the like for relapses toties quoties, unlesse it be for preach- ing or spreading some haeresy or error, in which case they ar referred to another Ordinance not yet perfected. The new Psalme book can not be ready till the next week. So, comend- ing your labours to the blessing of God, We rest, Your affectionat brethren to serve yow, Worcester House, Samuel Rutherfurd, the 9th ofFebruar 1647. Geo. Gillespie/ Direct : For the Right Reverend the Commissioners of the Generall Assembly of the Kirk of Scotland. Thanks to the Leivtenant Generall, Generall of Artillery, and Sir James Lumsden. 16 FEB.] OF GENERAL ASSEMBLY, 1647 201 The Moderator and Mr. Andro Cant ar desired to speak Craigivar for planting the kirk of Keyth. The Commissioners of Assembly, that the Parliament be not Act for disappoynted of preaching during their sitting, do appoynt ^reachbefore Mr. Mungo Law and Andro Fairfoull, in the Presbyterie of the Parliament. Edinburgh, to preach before the Parliament upon Sabboth come eight dayes, being the last of this moneth of Februar, and Mr. Thomas Garven, in the Presbyterie of Edinburgh, and Mr. Johne Hay, in the Presbyterie of Peebls, upon the Sabboth next therefter following, being the 7th of March, Mr. Adame Penman and Mr. Johne Sinclair, in the Presbyterie of Dalkeith, upon the 14th, Mr. Robert Ker and Mr. Andro McGhie, in the Presbyterie of Hadingtoun, upon the 21st, and Mr. David Drommond and Mr. Gilbert Hall, in Linlithgow, upon the 28th of the said moneth of March, if the Parliament be then sitting, wherof advertisment shall be sent unto them in due tyme. Eodem die, post meridiem. Seder unt : — Ministers. — Mr. Robert Douglas, Moderator. Mr. William Dalgleish : Mr. James Guthrie: Mr. John Knox at Selkirk : Mr. John Weir : Mr. John Moncreiff : Mr. Robert Traill : Mr. Patrik Gillespie : Mr. William Bennet : Mr. Robert Wright : Mr. James Nasmith : Mr. Andro Cant : Mr. John Knox at Dalkeith : Mr. Thomas Wilkie : Mr. Patrik Colvill : Mr. Robert Knox : Mr. Johne Smith : Mr. Adame Pen- man : Mr. Samuell Ousten : Mr. JohnNevay : Mr. William Colvill : Mr. John Adamsone. Elders. — Earle of Glencairne : Earle of Lavderdaill : Lord Angus : Lord Craighall : Laird Dudingstoun : Laird Lammingtoun : Thomas Patersone : William Home at Glasgow : Lawrence Henrysone. Concerning the petition of the toun of Paislay for exeeming Mr. Harie Colwart from going to Irland in respect of his Mr. Henrie infirmity, the Commission of Assembly accepts and admitts of Cohvart - the reasons of the petition for the said Mr. Harie his stay, and hereby exeems and frees him from going to Irland. This day the Lord Ay then appeiring again e and renewing Generaii King, his former desires to signe the Covenants, the Commission of adrnls^on^the Assembly being satisfied with his former declaration, admitted Covenant - him to the Covenants, and he accordingly did sweare and sub- scribe the Nationall Covenant and the League and Covenant of the three kingdoms. This day the Lord Advocat, Archebald Sydserf, and Mr. Particulars Robert Ferquhar desired from the Grand Committee that the rn?ttee. e ° m 202 PROCEEDINGS OF COMMISSION [16 FEB. Commission would be pleased to take course for sending furth ministers with the forces of the new modell, and that they would consider the mater of making peace with Argeirs, and give their opinion concerning the same. Wherunto the Com- mission promised to returne ansuer with diligence. Remitt, Mr. The Commission remitts Mr. James Rosse 1 to the Presbyterie lames Rosse to , J the Presbytery of Dunkeld, that he may bring from them sufficient testimony of Dunkeld. o ^ y g car j a g e before and after his deposition, with the extract of the sentence of deposition and the proces, that accordingly as they shall be therby informed they may give ansuer to his desires. Remitt, Mr. ^he Commissioners of the Generall Assembly, having this James Layng to jf o the Presbytery day found, by Mr. James Layng his own confession and the of Edinburgh. ( j e p 0s ^i ons G f some witnesses, that he offered the money to the rebells collected by his parish for a protection, 2 and laboured to persuad them to receive and accept the same, Therfor do continue his suspension until the third Weddensday of March next to come : Recomending to the Presbyterie of Edinburgh to have a visitation of the said Mr. James his kirk upon the said third Weddensday of March for taking speciall notice and tryell of his cariage in his calling and conversation : And if nothing shall be found against him, that the Presbyterie, upon his repentance, relax him from suspension. The next meeting the morne. Edinburgh, 17 February 1647, post mei-'idkm. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. William Bennet : Mr. John Knox at Dalkeith : Mr. Thomas Wilkie : Mr. John Knox at Selkirk: Mr. John Weir: Mr. John Moncreiff: Mr. Robert Traill : Mr. Adame Penman : Mr. Samuel Oustein : Mr. William Col- vill : Mr. William Dalgleish: Mr. James Guthrie: Mr. John Adamsone : Mr. Patrik Colvill : Mr. Robert Knox : Mr. John Smith : Mr. George Thomson : Mr. Patrik Gillespie : Mr. Thomas Donaldsone : Mr. James Nasmith. Elders. — Lord Angus : Laird of Innes : Laird of Brodie : Laird of Dudingstoun : Thomas Patersone : William Home. 1 Probably the same who was admitted to the parish of Fortingal in 1639, and was continued 10th October 1649. — Scott's Fasti, vol. iv. p. 820. 2 He obtained a protection from the Marquis of Montrose, 20th August 1645. The year before he had been charged with having said in his sermon on the thanksgiving for the taking of Newcastle, ' That is a devilish joy to rejoice in the calamity of our brethren,' which words 4 he did publicly deny.' — Scott's Fasti, vol. i. p. 142. 17 FEB.] OF GENERAL ASSEMBLY, 1647 203 The Commission of the Assembly, considering the petition Minister to the of the Lord Marques of Argyle, do appoynt Mr. Dougal of°Argyies qUeS Campbell to attend his regiment in Irland for the space of ^^ ent in thrie moneths, to performe ministeriall duty unto them, and that his Presbyterie be carefull of supplying his place during his absence. The Commission continues Mr. George Hannay untill the Mr. George meeting in Aberdene, that he produce his processe and Hanna * sentence unto them, and if he can sooner produce the same, thev will then tak the mater into consideration. The Commission refers Mr. Patrik Hamilton, minister at Mr. Patrik Cambuslang, his petition for opening his mouth to the Hamilton - Presbyterie of Hamilton, that they may do therin as they find reasonable and according to the Acts of Assembly and order of this Kirk. 1 Concerning the question from the Committee touching the p ea ce with joyning with the English in the peace with Argeirs, the Com- Ar S iers - mision can give no ansuer till they know the particular con- ditions of the peace. Concerning the petition of David Grahame, somtyme of David Graham Gorthie, the Commission, after grave exhortation given to him excommunicate, by the Moderator, appoynts him to draw up a particular con- fession of his offences for which he wes excommunicat, and to give it in wryting under his hand, and therafter they will con- sider what is further to be done. The next meeting the morne before noon. Edinburgh, 18 February 1647, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. William Colvill : Mr. James Guthrie : Mr. Thomas Wilkie : Mr. Robert Knox : Mr. Samuell Oustein : Mr. Johne Smith : Mr. George Thomsone : Mr. Robert Traill: Mr. Patrik Colvill: Mr. Andro Cant: Mr. Robert Murray : Mr. Johne Knox at Dalkeith : Mr. John Knox at Selkirk : Mr. John Nevey : Mr. John Moncreiff : Mr. Patrik Gillespie: Mr. John Weir: Mr. Thomas Donaldson : Mr. Adam Penman. Elders. — Lord Craighall : Tutour of Pitsligo : Laird of Dudingstoun : James Stuart: Thomas Patersone : William Home : Lawrence Henderson. 1 He had a protection from the Marquis of Montrose, and was soon after deposed. The Assembly of 1648 refused to repone him, in consequence of a satire he wrote against the Assembly and the ministers, and he was reduced to great poverty. — Scott's Fash', vol. iii. p. 271. 204 PROCEEDINGS OF COMMISSION [18 FEB. Mr. johne This day a letter from Mr. Johne Paterson being read, con- cerning the violence offered to him by the Laird of Auch- medden and his complices whilst he was executing the orders of the Synod, the Commission appoynts the Clerk to represent the particular to the Lord Advocat, and to desire him to proceed against the persons, injurers of their brother, civillie ; and they will take it to their further consideration what is to be done ecclesiastically. Ministers to the This day Mr. Robert Traill shew that the Generall Leivetennent did lay w holy upon the Commission the choyse of ministers for the forces of the new modell, desyring one to be appoynted to attend himself, two to attend the trowps of horse, and one for evrie regiment of foot. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Andro Cant: Mr. John Moncreiff : Mr. Robert Knox: Mr. Thomas Wilkie : Mr. John Weir: Mr. Patrik Gillespie: Mr. James Guthrie: Mr. Samuell Ousteine : Mr. Adam Penman: Mr. John Adamsone : Mr. William Colvill : Mr. William Dalgleish : Mr. John Knox at Dalkeith : Mr. John Knox at Selkirk : Mr. John Smith : Mr. Robert Traill: Mr. JohnNevey: Mr. George Thomsone: Mr. Robert Murray : Mr. Thomas Donaldsone. Elders. — Lord Craighall : Tutor of Pitsligo : Mr. Alexander Colvill : Laird of Dudingstoun. The nomination The Commissioners of the Generall Assembly, taking to ment of their consideration the desire of the Grand Committee of pirncui r ar t0 Parliament presented this day to them by the Lord Advocat, regiments and Archibald Sydserf, and Mr. Robert Ferquhar, for provyding their courses. . ministers to attend the forces of the new modell sent against the rebells : As also considering that the Generall Lievtennent, David Leslie, lies put over upon them to make choyse of such ministers as they shall judge most fitting for that employment, Therfor they do appoynt (for performing ministeriall duties to these forces) the ministers following, viz. Mr. Mungo Law for the first turne, and Mr. James Guthrie for the 2d, to attend the Generall Lievtennent himself ; Mr. Andro Cant for the first turne, and for the 2d Mr. James Nasmith, to attend Generall Major Middleton, and the troups of horse under his command ; Mr. John Robertsone in Dundie, for the first turne, and Mr. Patrik Gillespie for the 2d, to attend the remanent trowps of horse ; Mr. Henrie Ryinour for the first 1 8 FEB.] OF GENERAL ASSEMBLY, 1647 205 turne, and for the 2d Mr. Johne Nevey, for Generall Major Holburnes regiment of foot ; Mr. Hugh Kennedy for the first turne, and for the 2d Mr. William Rate, to the Generall Artilleries ; Mr. George Thomson for the first turne, and for the 2d Mr. Alexander Blair, to Lodovik Leslies ; Mr. Gabriell Maxwell for the first turne, and for the 2d Mr. James Gairdner, for Collonell Pitscotties ; Mr. Patrik Flemyng for the first turne, and for the 2d Mr. James Symson, in Sproustoun, for Collonell Scotts regiment ; Mr. Donald M'Allam for the first turne, and for the 2d Mr. M'Calman, for the Lord Marques of Argyles Regiment; and Mr. Neill Camron for the first turne, and for the 2d Mr. Dougall Darroch, for Archinlayes regiment : Ordaining those that ar to serve in the first turne to addresse themselves to be at their charges respective aforesaid against the first of March preceislie, and to continue therin till the first of Junij : and those that ar to serve in the 2d turne to be at their said charges against the 15th of May next, that they may be there 15 dayes before the other brethren serving shall returne ; and from that tyme serve untill the Generall Assembly. It is also hereby specially recomended and ordained that the Presbyteries interessed have a speciall care of the provyding of the places of the brethren afore named during their absence from their congregations in the forsaid employment. And the said Messrs. Andro Cant, Mungo Law, Patrik Gillespie, James Guthrie, Johne Nevey, George Thomson, personally present, wer advertised heirof apud acta. Concerning the petition of Mr. Robert Boyd, sometyme Mr. Robert minister at Bothwell, for opening his mouth, the Commission at°Bothud. e1 referr it to the Presbyterie of Hamiltoun, to do in it as they find reasonable, and according to the Acts of Assemblie and order of this Kirk. 1 Edinburgh, 19 February 1647. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Robert Murray : Mr. John Knox at Selkirk : Mr. Adam Penman : Mr. Thomas Donaldson : Mr. John Nevey : Mr. John Hamiltoun : Mr. James Guthrie : Mr. Andro Cant : Mr. John Smith : Mr. John Knox at Dal- keith : Mr. John Weir : Mr. Thomas Wilkie : Mr. Patrik Colvill : Mr. He does not seem ever to have been reponed. 206 PROCEEDINGS OF COMMISSION [19 FEB. Mr. Adam Broun. Mr. Andro Cants dispensa- tion from attending Middleton. Recommenda- tion, Mr. William Kinninmont. David Graham excommunicate. Concerning taking off the rebells. Recomendation in favor of Hector Banna- tyn and the inhabitants of Bute for the vacant stipend of Kingarth to the Presbyterie of Dunnoon. George Thomson : Mr. William Adair. Elders. — Lord Craig-hall : Tutor of Pitsligo : Laird of Dudingstoun : James Stuart : Thomas Patersone. $ The Commission appoynts Mr. William Colvill, and any other of the ministers of Edinburgh, to assist Mr. Adam Broun, minister at Kilpatrik, before the Parliament or Com- mittee, for getting payment of his stipend, and desires Mr. John Smith to speak the Generall in his behalf. The Commission, considering the age and infirmitie of their brother, Mr. Andro Cant, do therfor dispense with his not attendance upon Generall Major Midltoun, when he shall find himself unable for that employment, he alwayes provyding some other sufficientlie qualified brother, for quhom he will be ansuerable, to supplie his place and charge with the Generall Major. The Commission of Assemblie, considering the desire of the Lievtennant-Generall in the behalf of Mr. William Kynnin- mont, minister to his regiment, and the ample testimonie he gives to him of his good behaviour in that his calling ; and understanding from diverse brethren of his abilities in the discharge of his ministeriall calling, seing now that regiment is disbanded, therfor they do accordinglie recomend him to Presbyteries to be speciallie regarded when God shall give him a calling. This day the Commission, unsatisfied with the paper given in by David Graham, appoynts the same to be given back to him to be helped. This day Messrs. Andro Cant, Robert Murray, James Guthrie, William Adair, Johne Nevey, Johne Smith, with the Moderator, Craighall, Tutor of Pitsligo, and Dudingstoun, ar desyred to meet with those that ar appoynted by the Parlia- ment to conferre upon the taking off the rebells, and to report the result of their conference. The Commission of Assembly, having considered the petition of Hector Bannatyne of Karnes, 1 for himself, and in name and 1 The Parliament had made over to him 1 the debts and uthers guids, gear and means ' of James Boyd, son of the late Bishop of Argyll, who 1 hes bene, and still is, in the rebellion,' to enable him to meet the expense of maintaining a loyal garrison in his castle of Karnes, and authorised their Commissioner of the Isles, and his deputies within the isle of Bute, to see payment made to him. — Acts of the Parliaments of Scotland, vol. vi. Pt. I. p. 676. 23 FEB.] OF GENERAL ASSEMBLY, 1647 207 behalf of the poor inhabitants within the He of Bute, do judge the desire therof verie reasonable, and therfor recomend to the Presbyterie of Dunnoon to allow to him and his tennents the vaking fruits of the kirk of Kin^arth toward the education of their children at schoolls, in regard of ther necessitous con- dition, and conforme to the destination of the Act of Parlia- ment ; recomending also to the patron, titulars, heretors, and others adebtit in payment of the stipend, to mak due payment therof to them for the pious use aforesaid. The next meeting upon Tuesday at 3 houres. Edinburgh, 23 February lG-^l^post meridiem. Sederunt: — Ministers. — Mr. Robert Doug-las, Moderator. Mr. William Colvill : Mr. Robert Murray : Mr. William Dalg-leish : Mr. James Guthrie : Mr. Andro Cant : Mr. John Adamsone : Mr. John Knox at Dalkeith: Mr. Adam Penman: Mr. John Nevey : Mr. John Weir.\ Mr. William Adair : Mr. Thomas Vassie : Mr. James Nasmith : Mr. John Hamilton : Mr. John Smith. Elders. — Lord Marques of Argyll : Earle Marshell : Earle Casills : Earle Glencairne : Earle Lawderdaill : Earle Lanerk : Lord Waristoun : Lord Craighall : Laird of Lamingtoun : Tutor of Pitsligo : Laird of Dudingstoun : Lawrence Henderson : Thomas Paterson. This day the Lord Duke Hamilton, and his brother, the Mr. James Earle of Lanerk, appeiring for themselves and the remanent elcuTe for not paroshiners of Hamilton ; and having represented the con- s° in s f H rth to , > ... . the armie, and dition of that parish, and especially that Mr. James Nasmith, Mr. Alexander their minister, cannot be sent foorth to the army in respect of ^"ouTted in the sickness of the Lady Marquesse of Hamilton, and because his P lace - of the present purpose of setling another minister in that con- gregation, which without Mr. James his presence could not be concluded, The Commission, considering the importance of the said reasons, do excuse and exeeme Mr. James Nasmith from going foorth the 2d turne, and appoynts Mr. Alexander Dunlop, minister at Paisley, to go foorth in his place to attend Generall-Major Midlton and the trowps under his comand, for performing ministerial, duties to them, and for that effect that he addresse himselfe to be at the said Generall-Major against the 15th day of May next but longer delay, and stay with him in the said employment from that tyme untill the Generall Assembly. The Commission of Assemblie having been necessitat to send 208 PROCEEDINGS OE COMMISSION [23 FEB. Mr. Mungo Laws charge supplied. James Weir. Concerning releif of the captives in Argiers. their brother, Mr. Mungo Law, furth with the new modelled forces against the rebells to attend the Generall Lievtennent, and considering the great charge of the Presbyterie of Edin- burgh, and of the ministers of that toun, do therfor appoynt the whole Presbyteries of the Province to help to supply the said Mr. Mungoes charge during his absence — viz., the Pres- byterie of Edinburgh the week-dayes preaching, and they and the remanent Presbyteries the preaching on the Lords Day by courses ; sending two of their number for that effect in this order — first Dalkeith, next Hadingtoun, third Peibles, fourth Lithgow, fyft Dunbar, sixt Biggar, last Edinburgh, and so by courses in this order each Sabboth during his absence. And because the particular dyets cannot now be determined, Mr. Mungo being to stay quhill the Generall Lievtennant go hence, the Presbyterie or ministers of Edinburgh ar to send notice when this supply is to begin. The Commission being verie sensible of the condition of James Weir, 1 who lyes under great burdens in a forraigne countrey for the publik, do therfor seriouslie recomend to the Earle of Lawderdaill to represent their humble and earnest desires to the honourable Estates of Parliament for his speedy relief, which the said Earle promised to doe as seriously and effectually as he could. The Commission represents humblie to the honourable Estates of Parliament to take some effectual course for reliev- ing the distressed captives in Argeirs, and appoynts Mr. Andro Cant, William Colvill, Johne Smith, James Guthrie, William Adair, with the Moderator, Craighall and Dudingstoun, to conferre with the burro wes, or such as they shall appoynt, upon the making peace with Argeirs, and the joyning in the pacification made betuixt England and them.' 2 1 Weir and Cunningham, the Scotch factors at Campvere, had furnished arms and ammunition to the kingdom 'in its greatest straits/ to the amount of 89,355 pounds, nine shillings and four pennies Scots, and by Acts of the Estates of 1st Jan. and 12th March, 1647, the sum of ^"8641, 17s. sterling, in lieu of principal and interest, was allowed them out of the second ,£200,000 the Parlia- ment of England had agreed to pay this kingdom. — Acts of the Pa?-liaments of Scotland, vol. vi. Pt. i. pp. 731, 732. 2 On 3d March the Estates of Parliament ordained a letter to be written to their Commissioners at London to 1 deale earnestlie ' with the Parliament there 23 FEB.] OF GENERAL ASSEMBLY, 1647 209 This day a letter produced from the Commissioners at London : Tenor quhairof followes : — 6 Reverend and beloved brethren, — Wee have this further Letter from the account to give yow beside what we wrote before. There wes at°London. nerS some further progresse made the last week in the House of Lords upon the Ordinance for enjoy ning the taking of the Covenant by all persons in the kingdome. The Assemblv hath proceeded in adding testimonies of Scriptur to the 17th chapter of the Confession of Faith, and make greater progresse then in former tymes. The House of Peers have approved the Confession of Faith, and sent it doun to the House of Commons. 1 There wes a petition this day presented to the House of Peers from the county of Suffolk, for enjoy ning the Covenant to be taken throughout the kingdome under a penalty, and that none shall be capable of any office or trust that do not take it ; for suppressing hseresies and schisms ; for setling Church Government, and that the Directory may be generally practised ; for disbanding the army, preventing all differences betuixt the kingdomes, and for punishing the authors and licensers of base and wicked pamphlets. The Lords have returned them thanks, promised to take the par- ticulars into serious consideration, and ordered the petition, with their ansuer, to be foorthwith printed. 2 Wee now send yow the new edition of the paraphrase of the Psalmes, as it wes approved by the Assembly heir, and by yourselves, the animadversions which yow sent us being taken in their propper places, as the worthy gentlman who hath taken most paines in the worke assureth ws. If yow be now satisfied with it as it is, wee shall desire to know so much. One Psalme-book in the three kingdomes will be a considerable part of Uniformity, if it can be fullie agreed upon both there and here ; and we believe it is generally acknowledged there is a necessity of some 1 for advancing ^"4000 sterling out of the first and readiest of the brotherlie assistance yet dew ... to this kingdome for reliefe of the Scotis captives in Argiers,' and also for permitting the agent who was to treat for the freedom of the English captives, also to negotiate for forbearance towards the Scots, on con- dition that the kingdom after sight and advisement of the articles of the English agreement should be content to accept the same. — Acts of Pari. vi. Pt. I. p. 716. 1 Journals of House of Lords, vol. ix. p. 18. 2 Ibid. pp. 18, 19. o 210 PROCEEDINGS OF COMMISSION [23 FEB. change, there being so many j ust exceptions against the old and vsuall paraphrase ; and we humblie conceive there will be as litle controversy that this, which we now send yow, as it hath come through the hands of more examiners, so it will be found as neir the originall as any paraphrase in meeter can readily be, and much neerer then other works of that kynd, which is a good compensation to mak up the want of that poeticall liberty and sweet pleasant running which some desire. However, wee expect to know your pleasure in this and in any other thing contained in our former letters which your- selves shall judge to need an ansuere, and so wee rest, Your most affectionat brethren to serve yow, G. Wyxrame, Worcester House, Samuel Rutherfurd, the lQth ofFehruar 164G/7. Geo. Gillespie; Direct : For the right reverend the Commissioners of the Generall Assembly mett at Edinburgh. The Commission of Assembly thinks it verie necessar that a number of the new paraphrase of the Psalmes be written for, and appoynts the Clerk to send them to Presbyteries, and returne to the letter from the Commissioners at London this following ansuer : — Ansuer tothe 4 Reverend axd lovixg brethrex, — Yours of the 16th of Commissioners ' . at London. this instant moneth we have received this day, together with the new edition of the paraphrase of the Psalmes, wherof we cannot give opinion by this occasion, especially seing so few copies have been sent. We do acknouledge that one Psalme-book in the three kingdomes wer a considerable part of Vniformity, but it can hardly be fullie agreed upon if Pres- byteries have not a previous consideration of it before the meeting of the Assembly, which may give them great satis- faction, and facilitat the approbation of it in the Assembly. Therfor yow will be pleased to send doun a number of copies of this late edition to our Clerk, whom we have appoynted to cause dispatch them to Presbyteries with diligence, to be con- sidered by them, which we think the best and surest way to obtaine a full approbation of the work heir, wherof we make litle question, if yow send a competent number of copies in 23 FEB.] OF GENERAL ASSEMBLY, 1647. 211 tyme. For your desire in your other letters concerning the captives in Argeirs, the Parliament is to tak it into considera- tion, and we have appoynted some to conferre with the bur- rowes who ar most interessed upon the mater. But for joyning in the peace made by the English with that place, except we knew the conditions we know not what to say in it. The English Commissioners come heir on Satterday. Some of our number hes saluted them, and particularly certified our respects to Mr. Ward, according to your recomendation to us, who remain, Your loving brethren, Edinburgh, The Commissioners 23 February 1647. of the Generall Assembly; Direct : For their reverend and loving brethren the Com- missioners of the Kirk of Scotland at London. This day the petition of Mr. Hew Kennedy for exeeming Mr. Heugh him from going foorth to attend the army refused, and he, excuse refused, personally present, appoynted to addresse himself to that employment with diligence. Concerning the petition of Eupham and Issobell Halkheads, Ewpham and for the payment of their distressed brothers 1 stipend, the Com- Hackets. mission recomends the same to the Presbyterie, and appoynts Messrs. William Dalgleish and William Adair to speak the Earle of Dumfreis in their behalf. The Commission do, in all humility, recomend to the hon- Recomendation ourable Estates of Parliament that their Lordships may be ^s^essed^ pleased to take speciall notice of poor distressed ministers in ministers . assignments, the North, and that the assignment granted to them for reparation of their losses be not prejudged by any right given to Mr. Robert Ferquhard, but the same may be made effect uall to them for their subsistance. The Commissioners, understanding that the Presbyterie of Dunkeld had proceeded to the admission of a young man to a kirk in their bounds without the concurrence of some brethren, notwithstanding of their recomendation to that effect, therfor they appoynt the letter following to be sent unto them : — 4 Reverend and loving brethren, — Wee understand that Letter to the notwithstanding our recomendation unto yow of some brethren Dmikeid" 6 ° f 1 Probably John Halkheid, minister of Old Cumnock, 1644-46. 212 PROCEEDINGS OF COMMISSION [23 FEB. for advyce and concurrence in the planting of the vaking kirks in your bounds, yow have proceeded by yourselves to the planting of some of your kirks, wherin we cannot but represent our sense that our brotherly advice (for no particular end, but for the generall good of this Kirk) should be so slighted ; which we also mynd to represent to the Generall Assembly, and in the mean tyme thought fitt to send yow this advertisment, and do againe require, as yow will be ansuer- able, that yow proceed not in the planting of any of the said kirks without the advice and concurrence of your brethren adjoyned to yow in that mater, who, we know, upon due advertisment from yow after this, will not faill to meet with yow to that effect. — We remain, Your loving brethren, Edinburgh, The Commissioners 23 February 1647. of the Generall Assembly/ Direct: For their reverend brethren of the Presbyterie of Dunkeld. Reference. The Commission of the Generall Assembly referrs Johne of Schdrgiass Stuart of Scheirglasse, who wes excommunicat by their ordi- nance, to the Presbyterie of Dunkeld and the brethren ad- joyned to them for planting the vaking kirks there ; giving unto them full power to prescribe and receive his satisfaction within their jurisdiction, and upon evidence of repentance to relaxe him from the sentence of excommunication according to the order and practise of this Kirk, wherin the said Presbyterie and the brethren adjoyned to them shall returne accompt of their proceedings. Recomendation Anent the petition given in be Mr. Gawen Forsyth, requyr- For's^h V to the m © that the recomendation of the Generall Assembly, granted Glasgow" 6 ° f * n f avours > f° r some competent mantainance to him and his family, may be granted before any be admitted to his place, the Commission of Assembly, understanding that Mr. Gawen hes not been any impediment to the planting of the kirk, do therfor recomend most seriouslie to the Presbyterie of Glasgow to take some course for satisfying the recomendation of the late Assembly, and to provyd presently some com- petencie for mantaining him and his family furth of the stipend of the kirk where he served, and that before the excommuni cate. 24 FEB.] OF GENERAL ASSEMBLY, 1647 213 admission of the intrant therunto, untill the Lord provyd for him otherwayes, in respect of his present necessitous condition. This day the complaint of Johne Sinclair upon Mr. James Reference. Aitkin, minister at Birsey, referred to the Provinciall Assembly ^Jf" 165 of Orknay and Caithnes. This day the petition of Mr. Johne Drysdaill, a deposed Reference minister, referred to the Presbyterie of Lithgow, where he DrysdSe 6 served. The next meeting the morne. Edinburgh, 2-4 February 1647. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator, Mr. William Colvill : Mr. Robert Murray : Mr. James Guthrie : Mr. John Weir : Mr. William Adair : Mr. Robert Lightoun : Mr. Andro Cant : Mr. John Smith: Mr. Thomas Vassie : Mr. John Nevey : Mr. John Knox at Dalkeith : .Air. William Dalgleish : Mr. James Nasmith. Elders. — Laird of Dudingstoun : James Rughhead : Tutor of Pitsligo : Thomas Patersone. Concerning the petition for transporting Mr. Johne Weir to Mr. johne Leyth, the Commission appoynts summonds to be direct Weir * against him and his paroshiners to ansuer upon the third Thursday of March next. Concerning the particular represented from the Presbyterie of Chirnsyd, touching the planting of the kirk of Ey mouth, the Commission appoynts the letter following to be writtin to the Presbyterie : — 4 Reverend and loving brethren, — Whilst we wes consider- Letter to the ing the question propounded by yow unto us, we wer desirous chirnsyd" 6 ° f to know the particular estate of the bussines wherupon that tuiching the . . 1,11 t* i * .i, ix r planting the question wes occasioned ; and tnerby finding that one, Mr. Kirk of William Home, a young man under such scandalls as wer E y mouth - taken notice of by your Provinciall assembly, and appoynted by them to be tryed exactly, wes named by yow to be one of the list for Eymouth kirk, Therfor we could not be ansuerable to the trust put upon us if we did not give yow speciall warn- ing of your cariage heirin, desyring earnestly that the tryell of these scandalls lying upon that young man be not eluded, but carefully and exactly gone about, as yow may ansuer for it ; and in the mean tyme that he be not put upon any list, either for that kirk, be the desires of any interessed or pre- 214 PROCEEDINGS OF COMMISSION [24 FEB. tending interesse to that congregation, or for any other kirk whatsoever. Yea, we think it verie strange that he should have any benefit and priviledge of an expectant so long as he is under such scandalls. As to your question, we find that for the present we cannot so well give our advice untill yow agree upon a list of well qualified persons free of scandall, and therfor we desire yow to go about the making of the list, according to the order, and send it unto us at our next meeting in the end of March, at which tyme, being so cleired and certified of the sufficiency of the persons upon the list, we shall give yow our advice, either to go on, according to the order, by sending the list to the King, or by nameing one of that list to be presented by the Thesaurer, according to the Act of Parliament, hopeing against that tyme to be more ripe in our judgment upon the question to give yow advice to follow either of these wayes that we shall find most agreeable to the right and interest of the Kirk, and conduceable to the good of that congregation. All which being seriously recomended to your care, We remain, Your loving brethren, Edinburgh, The Commissioners 24 February 1G47. of the Gexerall Assembly/ Direct : To the}?- reverend brethren of the Presbyterie of Chirnsyd. Prebendaries The Commission desires Messrs. Johne Weir and James of Air. Nasmith to speak to the Earle of Lanerk, Secretary, for obtaining a gift from the King of the prebendaries within the Presbyterie of Air to the behoof of the ministers there ; and that the bussines be followed by the advice of the Kings Advocat. Concerning the ryet committed against Mr. Johne Pater- son, the Commission appoynts the letters following to be writtin to the Presbyterie of Deir and Synod of Aberdene : — Letter con- ' R EVEREXr> and wel-beloved brethrex, — Wee ar informed cerning^the ryot that some within the bounds of your Presbyterie have impedit against Mr. the execution of an overtur and order flowing from your Provin- sone t Divines, and since corrected in severall places according to the animadversions which ye sent us. We have now fourscore copies in readiness to be sent by the first ship to your Clerk, that by him they may be directed to the severall Presbyteries. We have thought good also to make known unto yow that some votes ar passed in the House of Commons concerning the new modelling of their forces, not without a favourable reflexion upon the Covenant and the Church Government. Yow will heirwith receive for your clearer information a copy of the votes themselves. Another thing which we have at this tyme to communicat unto yow concerneth the petition of the Lord Forbesse 1 now sent home to the Parliament, for leave to beatt drums and leavy a regiment of voluntiers for the service of the Duke of Guelder, whose restitution to his towns and territories possessed by the Spaynard is undertaken by the French, and tuo of his towns (Arris and Armenteers) already recovered. That ye may be cleare in the mater of his petition, so farre as may concern the poynt of Religion, his Lordship hath desired us to give yow notice, that, together with his commission from the Duke of Guelder, hee hath also full liberty granted to him- self and his whole regiment for the publik exercise of the Protestant Religion, for which end his Lordship intends to desire the Presbyterie of Afoord, with your advice and consent, to provyd three preachers for that regiment. The noblmans 1 Lord Forbes had been employed by the English Parliament in Ireland, but had great difficulty in getting even a part of the sum due to his regiment. When released from the service, he appears to have desired to recruit his regi- ment and take service abroad. 224 PROCEEDINGS OF COMMISSION [18 march good affection to this cause and Covenant, we hope, is abound- antly known unto yow, which maks us confident that he will receive all possible assistance from yow so farre as his bussines falls in your way. So beseeching the Lord to direct and blesse yow in all your affairs, we rest, Your loving brethren to serve yow, G. Wynrame, Worcester House, Samuel Rutherfurd, the 9th ofMarche 164' : ;. Geo. Gillespie." 1 Direct: For the right reverend the Commissioners of the Generall Assembly of the Kirk of Scotland mett at Edinburgh. Major Moncreif. The Commission considering the petition of Major Johne Moncreiff, and having certain knowledge of his sufferings, do seriously recomend to the Commissioners at London to be assisting to him for the payment of his pension, and that a letter be writtin to that purpose. Tenor of the letter followes : — Letter to the 6 Reverend axd welbeloved brethrex, — This ffentlman, Commissioners _ . _ . . , at London in Major Johne Moncreii, by reason or his iaithiull and constant Moncrdf Maj ° r adhereing to and following of the publik cause of God in these kingdomes, having borne charge and behaved himselfe honestly in all the three expeditions, hath ever since the begining of these troubles layen out of the payment of an hundreth pounds sterling pension payable out of the Exchequer of England to him as one of his Majesties falkoners : It is therfor our desire, and we do earnestly recomend unto your care that yow would unto your utmost power assist him with your counsell and concurrence toward these with whom you have credit for obtain- ing the arriers of his pension, and the continuance therof during his lyftyme. Being confident of your willingnes to contribute your best for promoving of the gentlmans bussines, who hath bene both a doer and sufferer in the good cause, we recomend yow and your labours to the Lords direction and blessing, and rest, Your loving brethren, Edinburgh, The COMMISSIONERS 18 Martij 1647. of the General Assembly/ Direct : For their reverend and loving brethren the Commis- sioners of the Kirk of Scotland at London. 1 8 march] OF GENERAL ASSEMBLY, 1647 225 The Commission considering the lamentable condition of Mr. jhon Geilie, Mr. Johne Geilie, minister at Monymusk, having suffered not Monfmusk. only the vtter spoyle of all his goods and means but great wounds also in his own person, Therfor they do most seriously recomend his condition to the honourable Estates of Parlia- ment for some redresse and present supply ; comending him also in the meantime to the charities of the brethren of the Commission, ministers and elders present, for some litle help from each of them for his present mantainance in toun ; and desires Mr. James Guthrie and Dudingstoun to collect the same, and that Mr. John Moncreiff and Mr. James Guthrie and the Lord Craighall assist him before the Parliament. This day the petition of Mr. Johne Robertson, minister at Mr. johne Dundie, his exemption from going to the army refused, and exemption 5 the said Mr. Johne appoynted to repair to his employment [^e'armie^ t0 there with all diligence. refused. This day, by letters from the Lievtennent Generall and Gene- Act for ministers rail Major Holburne to the Moderator, the Commission, under- frmie S with he standing that the minsters ar not yet come to the army, and diligence, and 4. 4.1 ij* • l • / 4.U sending foorth that the common souldiers are vene slow in coming ioortn, of sojoures. Therfor they ordaine that in the letters to Synods or Presby- teries new advertisments be given for sending ministers foorth to their charges in the army with diligence, and that care be had for taking notice of the souldiers that go not foorth in their severall bounds. This day Johne Jowssie and Lawrence Henryson appeiring Act for for the Counsell of Edinburgh, shew their desire to have Mr. Mn^ohne^ Johne Smith to be minister to the Colledge kirk of Edinburgh p^o^^to in the place of Mr. William Ben net ; as also Mr. Andrew ansuer to the Fairfoull produced from the Presbyterie of Edinburgh a pre- burgh, sentation from the town of Edinburgh to the said Mr. Johne to the Colledge kirk, which wes sent to them, desyring earnestly that according to the power given by the Assembly the Commission might be pleased to transport Mr. Johne to Edinburgh. Wherupon the Commission appoynts a summonds to be direct for citing the said Mr. Johne and his paroshiners to the 2d Tuesday of Appryle. This day the petition for the Lord Herreis for his relaxation Lord Herreis. from the sentence of excommunication being read, the Com- p 226 PROCEEDINGS OF COMMISSION [19 march Act concerning Mr. Mungo Lavves releif. Haliburton. Mr. Gabriell Maxwell. References from the late Assemblie. Mr. Johne Weir. Lord Herreis. Sir Robert Douglas. mission thinks he should be more particular in his acknow- ledgment. The next meeting the morne. Edinburgh, 19 Martij 1647, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Johne Adamsone : Mr. John Moncreiff : Mr. Patrick Gillispie : Mr. Thomas Vassie : Mr. John Weir : Mr. Robert Ker : Doctor Colvill : Mr. William Colvill : Mr William Dalgleish : Mr. John Smith : Mr. John Knox at Dalkeith : Mr. James Guthrie : Mr. Thomas Donaldson : Mr. Robert Lightoun : Mr. William Penman. Elders. — Earle Lawderdaill : Lord Craighall : Laird of Dudingstoun : Mr. Alexander Colvill : Laird of Arneistoun : Thomas Patersone. The Commission, considering the petition of the Session of the South West kirk of Edinburgh for Mr. Mungo Law their ministers returne to his charge, the Commission appoynts Mr. James Guthrie to repare to the army for his releif in the beginning of May, that Mr. Mungo may then returne to his congregation heir, which standeth in such need of him. The Commission continues Halyburtouns mater untill he be of new cited, and appoynts the Clerk to direct new summonds against him in the said mater as he shall be required be the parties interessed. The Commission refuses Mr. Gabriell Maxwells excuse repre- sented to them by the Laird of Cowden, and appoynts him to addresse himself to his charge in the army with diligence. The Commission appoynts advertisments to be sent to Presbyteries and Synods to consider the references from the late Assembly that they may report their opinions therin, as also to recomend James Murrayes payment and to give advertis- ment of the next meeting of the Commission in Aberdein. The Commission continues the mater concerning the trans- porting Mr. Johne Weir to Leyth untill the 2d Twesday in Apryle, and Mr. Johne Weir and the Commissioner from Carlouk, present, wer warned heirof cipud acta. This day, another petition being given by the Lord Herreis, the Commission appoynts Doctor Colvill and Mr. James Guthrie to conferre with him, and report their opinions con- cerning the excuse of his offences and touching his religion. The petition presented this day by Sir Robert Douglas for remitting his satisfaction to the Presbyterie of Dunce wes 19 march] OF GENERAL ASSEMBLY, 1647. 227 refused, and he appoynted to satisfy in Glasgow where the scandall of his offences wes given. This day the Commission appoynts the letters following to be sent to the Generall Lievtennant, Generall Major Hol- burne, and to Mr. Mungo Law : — 'Right Honourable, — Wnderstanding that the ministers Letter to the appoynted to attend the forces under your command ar not General 011 yet come to wait upon that charge, Therfor we have directed new advertisments to be sent unto them for their addresses to yow with all diligence. It is a mater of rejoicing to us and of praises to our God in your behalf that your honour, who in his providence is pitched out for that employment, wes and is so studious and sollicitous to have faithfull ministers with yow in that expedition, and it shall be the mater of our prayers that your travells, by the Lords blessing, may be fruitfull for restrain- ing sin and loosnes in the army and conduceable for your encouragement and strenthning in the cause yow mantain. It is very much to be regretted that there is not greater alacritie and chearfulnes in the souldiers of this new modell ; for which cause we have also recomended to Presbyteries and Synods that ministers do their part for furthering and promoving the send- ing furth of souldiers and that deficients be taken notice of, wherin they may be a great deale more usefull if the names of the deficients in their congregations wer made known unto them, which, whether it be necessare, and how it may be done, your honour lies to consider. There hath been so great defec- tion from the cause in the North amongst ministers and others that we find a necessity to keep a meeting in Aberdein to take order therin. The dyet we have appoynted is the 2d Weddensday of Mai], the 12th day of that moneth. If yow think that we can with safety keep a meeting in that place at that tyme, when our greatest and only work will be with malignants, we shall desire to be certified by yow against our next meeting in this toun upon the 2d Weddensday of Appryle. 'Your minister Mr. Mungo Laws returne to his charge is earnestly and importunately desired by his congregation heir, and the truth is, the death of our reverend brethren Messrs. 228 PROCEEDINGS OF COMMISSION [19 march Alexander Henderson and William Ben net, the absence of Mr. George Gillespie, the sicklynes of others of our brethren in this toun, and the condition of his own congregation, do require his presence heir. Wpon which respects Mr. James Guthrie is appoynted to anticipat his dyet, and to be at vow in the begining of May to wait upon yow, that then Mr. Mungo may returne to his charge in this place. We have no more to say, but that the Lord may still continue his presence and assistance with yow against these wicked and bloody enemies, whom He made once to flee before yow, and that He may be pleased to blesse your religious and heroicall undertakings unto their to tall and utter foyle, that truth with peace may be setled in this desolate kingdome, which shall be the constant and earnest prayer of, Your honours servants in the Lord, Edinburgh, The Commissioners 19 Martij 1647. of the General Assembly." Direct : To the right honorable Leivtennant Generall David Leslie. Letter to ' Much honoured, — Wee blesse the Lord in your behalf for Generall Major your care and sollicitude to have good and faithfull ministers to attend the army, to which purpose we have directed letters again to Presbyteries and Synods to hasten their coming to yow : Recomending also to them to see that evrie minister, according to the duety of his calling, endevour in his congre- tion that the souldiers of this new modell be sent foorth and not permitted to stay at home. Wee need not enlarge our- selves in giving yow encouragements for promoving the work of your employment, having so many testimonies of your zeale, faithfulnes, and forwardnes, so that all we have to say is to assure yow of our earnest prayers for the Lords blessing and assistance upon all your honourable and pious undertakings in this cause. Remaining, Yours in the Lord, Edinburgh, The Commissioners 19 Martij 1647. of the Generall Assemblies Direct : To the much honoured Generall Major Holburn. 'Reverend and loving brother, — Wnderstanding of the Letter to Mr. scarcity of ministers with the army, we have writtin verie Mungo Law. se riously that these appoynted by us for that employment 19 march] OF GENERAL ASSEMBLY, 1647. 229 repare to yow with all speed, and have also recomended to Presbyteries and Synods to tak speciall care that the common souldiers of this new modell be sent foorth and not permitted to stay at home, wherin they could be more vsefull, if they knew the names of the deficients. These letters to the Generall Lievtennent and Generall Major Holburne, which we have thought fitt to wryt to them in ausuer to theirs writtin to the Moderator, yow will be pleased to dely ver. Wee have pro- vyded for your supply against Maij, which is all we could get done except we had altogether disappoynted the army of ministers, there being so many seeking the lyk favour. Against that tyme yow may provyde for your returne. So, comending yow in all your labours to the Lord blessing, we remaine, Your loving brethren, Edinburgh, THE COMMISSIONERS 19 Martij 1647. of the Generall Assembly." 1 Direct : For their reverend and loving brother, Mr. Mungo Law, minister of Edinburgh. This day the Earle of Lawderdaill, shewing that he wes comanded by the Parliament to returne to London to prose- cute there, with the remanent Commissioners, the treaty with the Parliament of England, therfor desired to be instructed with any directions they had to their Commissioners there 1 ; the Commission, after deliberation, resolved upon the articles and letter following : — Particidars recomended to Earle Lawderdale. 4 First, that his Lordship may be pleased to remember that Mr. instructions Denhame and Mr. Durane,not having received ordination, do still Lawderda^ preach at Newcastle, contrary to the Ordinance of Parliament. 4 2. Because of the growth of Independents in Northumber- land, that for repressing of them his Lordship and the remanent Commissioners endevour that a Presbyterie be erected there with all possible speed. 6 3. That the particulars, formerly recomended to the Com- missioners there, be remembred, that is, to labour for a change of the mercat in Newcastle from Saturday to Weddensday or 1 Detailed instructions were also given by the Estates of Parliament, which ai e inserted in Acts of the Parliaments of Scotland, vol. vi. Pt. I. pp. 764, 765. 230 PROCEEDINGS OF COMMISSION [19 march Letter to the Commissioners at London sent with Earle Lawderdale. Letter to Synods. Thursday, to preveen occasion of the profanation of the Sabboth day there and upon our borders ; as also that some course be taken that excommunicat and deposed ministers or praelats be not suffered to bruik any charge in the Kirk, especi- allie such as have been sent formerlie in a roll unto them. * 4. That the Confession of Faith and the Catechisme be expede, and a competent number of copies therof be sent downe for Presbyteries, that, they being so prepared, the same may be approven in the next Assembly. ' 5. The lyk is desired for the Directory for Ordination, Excommunication, and whole Propositions of Government. 1 ' Reverend and loving brethren, — Wee received yours of the 2d and 9th of this moneth, and do blesse the Lord for your paines, travels, and faithfulnes in that work of Vniformity, which we doubt not he will bring to a happy close in his own tyme. This honourable lord, the Earle of Lawderdaill, who would honour us with the carying of our returnes unto yow, can informe yow what we have further to remember yow of, and give a full accompt of all bussines heir, so that we shall not need to say more but to referre yow to his relation. His Lordships presence and paines, yow wrot in your former letters, wes so usefull to yow whilst he wes there, that now we ar verv glade that the Lord in his providence lies returned to yow so faithfull and honourable an instrument, to joyn with yow in the prosecution of that great work, and shall ever pray for the continuance of the Lords blessing upon all your travells therin as, Your loving brethren, The Commissioners of the generall assembly."* Edinburgh, 19 Martij 1647. Direct: For their reverend and loving brethren the Com- missioners of the Kirk of Scotland at London. 6 Reverend and lovtng brethren, — Having received letters from the Lievtennent-generall shewing that many of the ministers appoynted by us ar not yet gone to the army, and that verie many souldiers of the new modell byd at home and go not foorth to that service, which is exceeding prejudiciall to the cause, and a great encouragement to the enemy, Therfor these ar to require yow that such ministers within any Pres- byterie of your bounds as ar ordained for that employment be 19 march] OF GENERAL ASSEMBLY, 1647 231 appointed by yow to resort therto with all diligence, other- wayes that they be proceeded against according to the Ordin- ance of the Assembly ; and also that yow be carefull to use all means that the souldiers dispatch themselves to their service with all expedition, and to recomend to the civile magistrat to take course with those that refuses to go. 4 We are daylie hearing of the great necessity of these people in Argyle and Broadalbane, and find not so great diligence used in collecting of the contribution for them as we expected and their condition cryes for. Therfor these ar most seriously to desire yow that ye will appoynt the severall Presbyteries to hasten their collection, and to send it to him who is appoynted to receive it for your bounds. And that ye may know that it shall be faithfully distribute, and only for that use for which it is given, we have sent yow this inclosed, which is the report of the Lord Marques given to us for our satisfaction, con- cerning the right employment of your charities, and that nothing therof be interverted to any other use. 6 Ye know that the last Generall Assembly did recomend to your consideration some particulars wherin ye might report your judgment to the next Assembly, which be in print for that effect. We thought fitt to put yow in remembrance to consider of them, that the result of your thoughts therof may be given to the Assembly. We do againe remember the members of the Commission, ministers, and elders, to keep the next quarterly meeting in Maij at Aberdene, according to our former letters. So commending yow and all your labours to the Lords grace, we remain, Your loving brethren, Edinburgh, The Commissioners 19 Martij 1647. of the Gexerall Assembly. 1 4 Reverend and loving brethren, — Notwithstanding of the Letter to Act of the Generall Assembly, and of our frequent wry ting to touching James Presbyteries anent the payment to James Murray of that small ^JjJ^t G f thing appoynted to him for his great paines and charges he is bygones, put to, and of the pryce of the books and papers 1 sent unto them, yet sundry Presbyteries ar very slow and defective in 1 Murray appears to have paid for the printing of such books as the Directory for the Public Worship of God (1645), and the 300 copies of the Westminster Confes- sion of Faith, printed for the use of the Members of Assembly in 1647, as well as for the papers of the Commission, ordered to be printed during several yenrs. 232 PROCEEDINGS OF COMMISSION [19 march giving him satisfaction. Therfor these ar to require yow to try the Moderators of the severall Presbyteries in your bounds what they have done therintill, and to presse the executing of the Act of Assembly against such as ar deficient in payment, both of all bygone yeirs and this last yeir, 1646 ; certifying them also that the Assembly will take notice of these that ar deficient, at their first doimsitting, when the commissions ar produced. So hoping ye will be carefull of this, we recomend yow and your labours to the Lords blessing, and remain, Your loving brethren, Edinburgh, The COMMISSIONERS 19 Martij 1G47. of the General! Assembly.' The brethren ar all desired to keep the next meeting upon the 2d Tuesday in Appryle frequently, and to give advertis- ment to their brethren absent. Edinburgh, 13 April-is 1647, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas: Mr. James Guthrie: Mr. John Moncreiff : Mr. Walter Greg : Mr. William Dalgleish : Mr. David Calderwod : Mr. Robert Ker : Mr. John Smith : Mr. James Fleming : Mr. Thomas Yassie : Mr. Patrik Gillespie : Mr. Johne AVeir : Mr. Adame Penman : Mr. John Oiswald : Mr. William Colvill : Mr. John Adamson. Elders. — Lord Angus : Laird of Cunynghamhead : Laird of Cokburnspeth : Lawrence Henryson : Thomas Patersone : George Gairdin. This day Mr. Robert Douglas wes chosen Moderator, in absence of Mr. Robert Blair, during this meeting. This day tuo letters from the Commissioners at London, with some papers produced by the Clerk, were read. Tenor of which letters followes : — Letter from 'Reverend axd lovixg rrethrex, — Wee do by this com- at London. municat unto yow the new petition of the citie of London, 1 with the ansuer of botli Houses therunto. The Assemblie hath not yet finished the addition of Scripturs for proof of the Articles of the Confession of Faith. Much of their tyme 1 The humble petition of the Lord Mayor, Aldermen, and Commons of the City of London, presented to both Houses on 17th March, expressing their earnest desire for the conclusion of a satisfactory peace with the King, complaining of the near approach of the army to the City, and of the circulation of a ' danger- ous and seditious petition ' addressed to the House of Commons as ' the supreme authority in the nation.' 13 APRIL] OF GENERAL ASSEMBLY, 1647 233 hath been taken up with the examination of Ministers, the ordering wherof, in such a way as may least hinder the maine work, is the mater of their present deliberation. For the present, we can give yow no further account of Kirk bussines beside what we wrote to yow before. So, expecting to know your further pleasure in anything which may concerne our employment heir or returne home, wee rest, Your loving brethren, Subscribitur, Geo. Wyxrame, Samuel Rutherfurd, Worcester House, Geo. Gillespie."* the 23d o/Marche 1647. Direct : For the right reverend the Commissioners of the Generall Assembly of the Kirk of Scotland mett at Edinburgh. 6 Reverend and lovixg brethrex', — Wee have sent yow Letter from heirwith a copie of the late petition of diverse in Sir Thomas ^Z^AoT™ Fairfax his army, 1 together with a copy of the Declaration of the Parliament concerning the same, that yow may the better judge of the present condition of publik bussines here, and make such use therof as yow shall se occasion for. Wee expect that this week shall put an end to the present work of the Assembly ; we meane the adding of Scripturall proofes to the Confession of Faith, after which the report of the Cate- chisme is to come in. Haveing no more to communicat unto yow at this tyme. we rest, Your loving brethren, Subscribitur, Geo. Wyxrame, Samuel Rutherfurd, Worcester House, Geo. Gillespie.' the 30th of March 1647. Direct : For the right reverend the Commissioners of the Generall Assembly mett at Edinburgh. This day a letter read from the Provinciall of Glasgow con- EarleAber- cerning the education of the Earle of Abercornes children, and corns chlldren - the Lord Angus being heard in that mater, the Commission, after mature deliberation, resolved that the letters following should be sent to the Presbyterie of Paislay and St. Andrews concerning that bussines : — 1 The famous petition of the Army, requiring certain conditions previous to their being disbanded. See it and the answer then returned but afterwards departed from by the two Houses, as given in Journals of the House of Lords, vol. ix. pp. 114, 115. 234 PROCEEDINGS OF COMMISSION [13 april Letter to the ' Reverend axd loving brethrex, — Having this day received Pasley concern- a letter from the Provinciall Assembly of Glasgow concerning mg their educa- j- ne education of the Lord Paisley and the other children of the tion in St. J Andrewes. Earle of Abercorne, 1 wherin we perceive the great care they have had, and still have for the breeding of these noble children in religion and learning, for which we can not but acknowledge they deserve their own comendation ; and having heard also this day the Lord Angus expresse the care of the noble freends of that family for the religious education of the children, and that the Earle of Lawderdaill, the Lord Bal- merino, and his Lordships self (who have the particular charge and oversight of them), had resolved in regard e of the sicknes in Glasgow, and upon some other considerations, to send them to St. Andrews to be bred there ; and his Lordship also assuring that no paedagogue nor servant wes to be with them, but such as should be appro ven be the Presbyterie there, Wee therfor thought in our judgment that the desire of the Synod wes therby satisfied, it not being to be conceived that it is their intention to limit these noblemen of unsuspected integrity to particular places or persons, these children being put in places where they may be bred in religion and learning, and the paedagogues and servants with them being approven by the Presbyterie where they ar to reside, which is all that the rules and overtures of the Assembly do prescribe, or could in reason be vrged, especially seeing the care of the Presbyterie and University of St. Andrews therin is not to be doubted. Thus much we thought to give yow advertisment of, who have interesse in that noble familie, for your satisfaction, being confident that these noble Lords will make good their promises made unto ws, who remaine, Your loving brethren, Edinburgh, The Commissioners of Aprile 1647. of the Generall Assembly." Direct: For their reverend brethren of the Presbyterie of Paislay. Letter to Pres- 6 Reverend and loving brethren, — Wnderstanding that the Andrewes* con- children of the Earle of Abercorne ar to be sent to your cerning Aber- ~ corns children. 1 The Earl of Abercorn, as a Roman Catholic, was not allowed to have charge of the education of his children. 13 april] OF GENERAL ASSEMBLY, 1647 235 Vniversity to be educat there, wee ar only to recomend them to your speciall care and oversight, especially that according to the orders of the Generall Assembly, yow take notice of the psedagogues and servants with them, which is all we have to say. Remaining, Your loving brethren, Edinburgh, The COMMISSIONERS 13th Aprile 1647. of the Generall Assembly.' Direct: For their reverend brethren of the Presbyterie of St. Andrews. This day Messrs. George Leslie and James Reid declared Mr. Johne J . Weir, that they wer appoynted from the Presbyterie of Edinburgh to shew their earnest desire that Mr. Johne Weir might be trans- ported to Leyth, and their concurrance with the paroshiners to that effect. The Commissioners of the Generall Assembly, according to Transportation the power committed to them, having this day considered the Wef/to Leifh. summonds of the paroshiners of Leyth, and their petition for transporting Mr. Johne Weir, minister at Carlouk, to Leyth, in the place of umquhill Mr. James Sharpe ; and David Wilkie, baillie of Leyth, Air. Alexander Gibsone, minister there, with diverse others of the session and parish, compeiring in name of that congregation, and the said Mr. Johne Weir being per- sonallie present, and his paroshiners not compeiring, after hearing all parties present, and serious consideration of the mater, Do therfor transport the said Mr. Johne Weir from Carlouk to the kirk of Leyth, and ordaines him to remove himself for that effect and to enter to the said charge betuixt this and the 2d Tuesday of Junij next. Continues the mater concerning Mr. Johne Smiths trans- Mr. ohre Smith portation to Edinburgh untill the morne at ten houres. Concerning the petition this day presented by Bernard Bernard Banks, Banks, Englishman, to be admitted to the ministrie, the Com- En § lishman - mission finds that he cannot be admitted minister but to a particular charge, neither can they give him admission to any charge in England ; But hereby perceiving that there is a necessity^ of erecting a Presbyterie in the North of England, appoints that in their letters to the Commissioners, they be againe remembred to use all diligence for hastening the erec- 236 PROCEEDINGS OF COMMISSION [13 APRIL Libberton. Letter to Lib- berton. tion of a Presbyterie there. And in respect of the necessitous condition of the young man, they recomend to the brethren present to contribute something for his charges heir, and desires Mr. William Dalgleish to collect the same, and ther- after delyver it to him. This day a letter being read from Mr. George Wynrahame of Libbertoun shewing that, by the Parliaments letter, they had recalled the allowance granted to him as Commissioner in the capacitie of an elder, Therfor the Commission thinks fitt to wryt ane letter of encouragement and thanks to him, and to desire that he may be pleased to be disposed of there, in stay- ing or returning, as the brethren on the place shall find the occasions require. Followes the letters written to him and to the Commis- sioners : — 6 Much honoured Sir, — As wee had sufficient testimony of your deserving of that trust we have given yow, so now we cannot but with all thankfulnes acknowledge your great and tender respect to that work yow ar about, profering so liberally the expense of your own estate in the promoving of it. What- soever be withheld from your encouragement, yow may be assured yow will not want your rewarde from Him that rewardeth aboundantly. But because Ave know not what may be the condition of affairs there, wee have therfor written to our brethren upon the place to advyse yow in your abode or returne, as they find the occasion shall require, doubting nothing of your readines to do what shall be found most con- duceable for the work. In the mean tyme wee blesse the Lord in your behalf, and prayes for his direction to yow. Remaining ever, Your loving brethren, Edinburgh, The Commissioners \3th ofAprile 1647. of the Gexerall Assembly. Direct : To the much honoured The Laird of Libbertoun. Letter to Com- missioners at London con- cerning Libber- ton, 4 Reverend and loving brethren, — The Estates of Parlia- ment (upon what reasons we know not) have been pleased to withdraw allowance from the Laird of Libbertoun, whom we adjoyned to yow in the Commission for Vniformity. But know- ing the gentlemans good deservings and his faithfulnes in that 13 april] OF GENERAL ASSEMBLY, 1647 237 employment and willingnes to waire himself and estate for promoving of it, we desire he may be encouraged, and that yow may advise him so to dispose of his stay or abode there, as yow, who ar on the place, shall find most fitting. * Wpon the petition of one Bernard Banks, an Englishman, and for dealing to be admitted to the calling of the ministrie in the North of presbyten- England (which wes not in our power to grant), and by some E n th iand° rth ° f testimonials in his behalfe, we find there is a great necessitie of erecting a Presbyterie there ; and therfor as we have recomended to the Earle of Lawderdaill, we must now againe desire that vow may urge all possible diligence for the erection of a Pres- byterie in these northern parts of England, which is all we have to say at this tyme. Remaining ever, Your loving brethren, Edinburgh, The Commissioners 13^ ofAprile 1647. of the Gexerall Assembly. Postscript. — The copies of the paraphrase of the Psalmes yow wrot of in your former letters ar not yet come. 1 Direct : For their reverend and loving brethren, the Com- missioners of the Kirk of Scotland at London. The Commission recomends to the Lord Advocat the mater Recomendation concerning bestialitie committed in the North, and mentioned to Adv0 . cat o 7 concerning in the letter from the Presbyterie of Aberlour, that his Lordship Bestialitie. may be pleased to take some course for bringing the mater to tryell before the Justice, and appoynts the Advocat to be spoken for that purpose. The mater concerning Haliburton continued untill the morne. Haiyburton. Concerning the petition of Johne, Lord Herreis, this day Lord Herreis. presented, the Commission having considered the same, and having also heard himself personallie present, appoynts Mr. James Guthrie and Mr. Patrik Gillespie to conferre with him, and to report their opinion concerning him the morne. The Commission considering the letters from the Presbyterie Lord Ray and of Caithnes, and their diligence in executeing the summonds Nation. 0 "" sent against the Lord Ray, his sone and other complyers there, as also having read the letter from the Lord Rae to Mr. Robert Blair, Moderator, Do think it necessare the mater be 238 PROCEEDINGS OF COMMISSION [13 april continued untill the meiting at Aberdein in May, and that another summonds be sent to the Presbyterie for citing them and witnesses against some day in May to that meeting in Aberdein, and that a letter be writtin to the Presbyterie to that purpose, and to commend their diligence and faithfulnes in what they have alreadie done. The next meeting the morne. Edinburgh, 14 Aprilis 1647, ante meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderator. Mr. Johne Oswald : Mr. David Calderwod : Mr. Robert Ker : Mr. Adam Penman : Mr. John Smith : Mr. Walter Greg : Mr. William Colvill : Mr. William Dalgleish : Mr. James Fleming: Mr. James Guthrie: Mr. John Mon- creiff : Mr. Patrik Gillespie: Mr. Thomas Vassie : Mr. Johne Weir. Elders. — Lord Angus : Laird of Cunynghamhead : Laird of Cockburns- peth : Thomas Patersone : George Gairdin. Lord Herreis. This day, the Commission having considered the report of Mr. James Guthrie and Mr. Patrik Gillespie concerning their conference with the Lord Herreis and finding that he is not resolved in some heads of doctrine of the Religion professed in this Kirk, Do therfor judge that he can not be relaxed from the sentence of excommunication, though the same wes pronounced for his accession to the rebellion, untill he be resolved in the Religion professed heir : And that he may receive information both in Religion, as also may be brought to a further sense of his offences for which he wes excommunicat, they appoynt him to conferre with the ministers of this toun whilst he is heir, and, when he is in the countrie in his own duelling, with such as the Presbyterie of Dumfreis shall appoynt for that purpose, and to that effect that lie acquaint the ministers heir, when he goes to the countrie and when he returnes ; as also to acquaint the Presbyterie of Drumfreis when he comes to these parts ; Recomending lykwise to him that he carie himself in the mean tyme as a person excommunicat, and that the said Presbyterie of Drumfreis whilst he is there see that he so carie himself, who neverthelesse are not to deny warrand and libertie to any who have civile bussines with him to resort to him for their civile affairs. Presbyterie of The Commission, considering the ansuer from the Presbyterie Chimsyd. G f Chirnside to their letter concerning the planting of Eymouth, do think fitt to send them this returne : — 14 april] OF GENERAL ASSEMBLY, 1647 239 4 Reverend and loving brethren, — Wee have this day seen Letter to Pres- your letter but not the list for Eymouth, which we desired, coicem ( fng rnSyd neither yet any ansuer touching Mr. William Home, so that E y mouth Kirk - we conceive yow intend not to have our advyce in the bussines, which we wer verie willing to give unto yow. Therfore, seing we have exonered ourselves, we leave yow to do in it as yow will be ansuerable to the Provinciall and Generall Assembly. Remaining, your loving brethren, Edinburgh, The COMMISSIONERS \4th ofAprile 1647. of the Generall Assembly." Direct : To their reverend brethren of the Presbyterie of Chirnside. Continues the mater concerning Mr. Johne Smiths trans- portation untill afternoon. Edinburgh, 14 Aprilh 1647, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. John Adamsone : Air. James Fleming: Mr. James Guthrie: Mr. Johne Weir: Mr. John Smith : Mr. William Dalgleish : Mr. William Colvill : Mr. David Calderwod : Mr. Robert Ker : Mr. Adam Penman : Mr. John Moncreiff : Mr. Patrik Gillespie: Mr. Thomas Vassie : Mr. Johne Oswald. Elders. — Laird of Cunynghamhead : Laird of Cockburnspeth : Laird of Dudingstoun : James Stuart: Thomas Patersone : George Gairdin : John Sempill : Lawrence Henrysone. The Commissioners of the Generall Assemblie having con- Reposition of sidered the report of the Synod concerning Mr. Gaven Forsyths Forsyth! 1 " satisfaction before them and his Presbyterie and the congre- tion where he served, and having also heard himself, personally present, humblie acknowledge his heartie greeff and sorrow for his bygone miscariages, Therfor they do repon him to the capacity of the ministrie, to be readmitted where God shall give him a calling, giving him power in the meantyme to exercise his gift, as ane expectant, according to the Order of this Kirk. Concerning the summonds against Sir Alexander Home of Halyburton. Halyburtoun, the Commission having heard the said Sir Alex- ander personallie present, and having considered his declaration and acknowledgment subscribed with his own hand this day before them, ar therwith fullie satisfied, and declares that he is not to be further questioned for that mater, and appoynts the said acknowledgment to be put upon record : 240 PROCEEDINGS OF COMMISSION [14 april Haliburtons Acknowledg- ment. Recomer elation Leivtennent Collonell Brysons relict. Continues Mr. Johne Smith. The nixt dyet. Letters for the next meetin in Aberdene. ' 1, Sir Alexander Home of Halyburtoun, considering the speaches spoken by me at the doore of the Commission House concerning Mr. James Guthrie and others upon the 22d day of August last, do acknowledge that these things wer spoken by me rashlie, inconsideratlie, and without ground, being then in passion, for the which I am sorie : Declaring also that the errors in doctrine, contained in the papers given in to the Assembly and their Commissioners, which may reflect upon Mr. James Guthrie or Mr. James Simsone, or any other person, wer dilated by me upon information, and not upon certaine ground, but that for anything I know they ar sound in their doctrin, which I testifie by these presents, subscribed with my hand in presence of the Commission of the Generall Assembly at Edinburch, the 14th of Apryle 1647. Subscribitur Alexander Home/ The Commission of the Generall Assembly do humblie recomend the hard and desolat condition of the relict and bairns of Lievtennent Collonell Bryson, lately deceased in the publik service, to the Right Honourable the Committee of Estates, that their Lordships may be pleased to give order for payment of his arriers for their mantainance. The Commission continues the summonds for Mr. Johne Smiths transportation untill this day fyftein dayes, the 28th of this moneth, and appoynts new intimation to be given heirof pro secundo to him and his parisheners. The Commission, finding that the bussines concerning Mr. Johne Smith his transportation cannot be decided for want of a quorum, therfor appoynts letters to be written peremptourlie for the brethers keeping the next meeting upon the 28th of this instant, and that the omission of publik bussines shall be imputed to the absents. The Commission ordaines letters to be written to Presby- teries for appoynting all the members of the Commission, at the least one of their number, to keep the meeting at Aberdene, and to supplie their place during their absence. Edinburgh, 28 Aprilis 1647. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. John Adamsone : Mr. David Calderwod : Mr. James Fleming: Mr. David 29 april] OF GENERAL ASSEMBLY, 1647 241 Drummond : Mr. William Colvill : Mr. Robert Ker : Mr. Adam Pen- man : Mr. Robert Wright. Elders. — Laird Clerkingtoun : James Stuart : Lawrence Henryson : James Rughead. Continues untill the morne at ten houres. Edinburgh, 29 Aprilis 1647, ante meridiem. Sederunt at supra. This day a letter being read from the Generall Leivtennent concerning Mr. Mungo Lawes stay with him, the brethren present resolved that it wes fitt to returne the ansuer fol- lowing : — ' Right Honourable, — The successe wherwith the Lord is Letter to pleased to blesse your undertakings, as it is mater of praise QeneraU L^sii. unto his name, so it encourageth us to pray, and with con- fidence to hope for his full delyverance of this Kirk and king- dome from the thraldome of these bloody enemies in his own appoynted tyme. We know that wee need not use any argu- ments for your incitation and encouragment, having so many reall and singular proofs of your zeale and forwardnes in the cause. All we have to say at this tyme is to shew that we cotild not returne Mr. Mungo Law unto yow, the churches of Edinburgh being in so hard a condition by the death of tuo of their ministers, the sicknes and absence of others, and our brother, Mr. Robert Douglas, another of that number, being necessarilie drawn to the North to our meeting at Aberdein. But Mr. James Guthrie, formerlie appoynted to attend yow, is to addresse himself towards yow with diligence. So praying the Lord to continue his favourable assistance with yow and these forces under your comand, we remain, Your honours servants in the Lord, Edinburgh, The COMMISSIONERS 29 Aprilis 1647. of the Generall Assembly/ Direct : To the Right Honourable Generall Leivtennent David Leslie. This day the brethren present continues the mater concern- Mr. johne ing the transporting Mr. Johne Smith untill the first Wed- Smith ' densday of July, and appoynts intimation to be made heirof at the parish Kirk of Burntiland, to the effect the said Mr. Johne and his paroshiners may keepe that dyet precislie. 242 PROCEEDINGS OF COMMISSION [12 may The brethren present appoynts letters to be writtin to the members of the Commission, desyring earnestly a meeting upon the first Weddensday of July, that maters in dependance may be some way concluded before the Generall Assembly conveen. Aberdene, 12 May 164T, ante meridiem. Sederunt: — Ministers. — Mr. Robert Blair, Moderator. Mr. Andro Cant: Mr. John Moncreiff : Mr. William Douglas: Mr. Robert Ker : Mr. Patrik Gillespie : Mr. Patrik Colvill : Mr. Robert Douglas : Mr. ^Y r illiam Dalgleish : Mr. Walter Greg : Mr. James Guthrie : Mr. Wil- liam Jaffray : Mr. Robert Traill : Mr. Alexander Garioch. Eodem die, post meridiem. Sederunt omnes qui in sessione praecedenti cum Mr. Johne Smith : Mr. Gilbert Anderson : Laird Fingask : Mr. Alex- ander Colvill of Blair. This day the Commission continowes Mr. William Leith and Mr. William Forbes, minister at Morthlik, personallie present, vntill the morne ; as also continues the rest of the ministers contained in the reference from the Province of Aberdene. This day James Grahame of Clavpotts being called, and not compeiring, is continued untill the report from Dundie come in. The Commission of Assembly being unsatisfied with the proceedings of the Presbyterie of Forfar, Do therfor appoynt the persons mentioned in their letter to be cited to the next meeting at Edinburgh, and others known to have bene in the rebellion ; and that a letter be writtin to this purpose, and to desire that they may send their Moderator and Clerk to give accompt of the Presbyteries proceeding in the said mater. This day the diligence of Mr. Robert Watson, minister at Grange in Strath bogie, being considered, he wes approven and commended, and the persones summoned being a number of the ruder sort, caried with the common multitude, except the first foure, Therfor the Commission passes from all except the first foure, ordaining a day of fasting and humiliation to be keeped in that congregation for their generall defection, and the four first named in the summonds, viz., George Adamson of Brako, Mr. William Adamsone of Flure, Walter Innes of Pethnik, and William Innes of Bogye, his brother, being called, and not compeiring, the Commission continues them to the next calling. 1 For account of conduct of his parishioners see Scott's Fasti, vi. 202. 13 may] OF GENERAL ASSEMBLY, 1647. 243 Mr. James Gordon, minister at Kinnor, continued till the morne. The next meetting the morne. Aberden, 13 Maij 1647, ante meridiem. Sederunt omnes qui in sessione prcecedenti. Concerning the petition of Alexander Innes of Coxtoun, the Commission thinks it not necessare he come heir, but referrs him to his Presbyterie, and will take to their consideration what satisfaction to prescribe. After hearing Mr. William Forbes at great lenth, the Com- mission continues the mater vntill afternoon. Eodem die post meridiem. Sederunt vt in sessione antemeridiana Concerning the reference of Mr. William Forbes, minister at Deposition, Morthlik, 1 from the Provinciall of Aberden, for his malignant Forb^sfs^i- cariage, the said Mr. William this day appearing personally, tyme m ^.^ ter and being diverse tymes heard in the said mater, The Commis- sion of the Generall Assembly having found by his own con- fession, and the deposition of diverse witnesses, that he resorted to George, somtyme Marques of Huntlie, one of the pryme publik enemies of this Kirk and Kingdome, both excommunicat and forfault ; that he did eat and drink in his house within Loch Kenmore, staying there a whole night ; that he hes con- versed with Lues Gordon, another of the prime bloody enemies of this Kirk and Kingdome ; that he accepted and discharged a commission from the said Lues Gordon to go to his father, the said somtyme Marques of Huntlie, for reconciling the differ- ences betuixt them ; and that he joyned with the said somtyme Marques of Huntlie, an excommunicat person, in ane act of worship, by hearing the grace which wes said at his meat ; and finding also evident testimonies of familiar fellowship betuixt him and the said somtyme Marques and his sone Lues, by their resorting also to his house, by the said Lues his making choise of him to mediat with his father, and by a letter carried by the said Mr. William himself from Lues to Mr. James Gordon, 1 Mortlach, in the Presbytery of Strathbogie. 244 PROCEEDINGS OF COMMISSION [13 may to accompany him in the said commission to his father, which letter beareth that the said Mr, William wes to assure the said somtyme Marques, who wes then and is yet in actuall rebel- lion, of his said sone Lues his service in all that lyes in his power, which can be interpret no otherwise then to give an assurance of his service in that cruell and wicked rebellion : And the Commission having seriously considered the premisses, and finding that these offences and miscariages of themselves do deserve the censur of deprivation; Therfor vnderstanding also that he wes under scandall of disaffection to the publik cause in former tymes, some brethren testifying that to their memories he wes fyned for that cause by Generall Major Monro, and hearing also of his intemperance, they do heirby depose the said Mr. William Forbes from the function of the ministrie and all exercise therof, and declare the kirk of Morthlik to be now vacking, ordaining Mr. Walter Darg, minister at Desfurd, to intimat this sentence betuixt this and the first Sabboth of Junij next, wherin he shall report diligence to this Commission. Deposition, Mr. Concerning the reference of Mr. James Gordon, minister at James Gordon, Kinnor, 1 from the Provinciall of Aberden, for his malignant somtyme 7 » minister at cariage, the said Mr. James appearing personally, and being diverse tymes heard in the said mater, The Commission of the Generall Assembly having found by his own confession and the deposition of diverse witnesses, that after he wes publikly rebuked for conversing with George, somtyme Marques of Huntlie, an excommunicat and forfault rebell, and one of the prime publik enemies of this Kirk and Kingdome, yet he did resort to the said somtyme Marques with Mr. William Forbes, did eat and drink in his house within Loch Kenmore, staying there a whole night ; that he lies conversed with Lues Gordon, another of the prime bloody enemies of this Kirk and Kingdome; that he accepted and discharged a commission from the said Lues Gordon to go to his father, the said sometyme Marques of Huatlie, for reconciling the differences betuixt them ; and that he joyned with the said somtyme Marques, an excommunicat 1 United in 1640 to Dumbennan, and now known as Huntly. Gordon's ' mouth was opened ' in 1657. 13 may] OF GENERAL ASSEMBLY, 1647 245 person, in acts of worship, not only by saying grace in his house, but by joyning in the publik prayer with him in the kirk; and finding also evident testimonies of familiar fellowship betuixt him and the said somtyme Marques of Huntlie and his sone Lues Gordon, as particulate by a letter from the said Lues unto him, now produced be himself, but especially in respect the said Lues made choyse of him to go alongs with Mr. William Forbes to mediat betuixt him and his father, and perceiving also by the letter produced that they wer to assure the said somtyme Marques of his sones service in all that lyes in his power, which can be interpret no otherwise then to give an assurance of his service in that cruell and bloody rebellion : And the Commission having, after mature deliberation, seriously considered the whole premisses, Do judge the said Mr. James worthie of deprivation, and therfor do heirby depose him from the function of the ministrie and all exercise therof, and declare the kirk of Kinnor to be now vacking : Ordaining Mr. Patrik Glasse, minister to the garrison in Strathbogie, to intimat this sentence upon Sabboth day come eight dayes, quhairin he shall report diligence to this Commission. Concerning the summonds against Mr. Johne Cheyn, con- Mr. johne tinues the same untill the morne. Cheyn. The Commission appoynts Mr. James Martine, Mr. William Committee for Falconer, Mr. Johne Row, Mr. Andro Strawchane, Mr. Johne j^SSf. Gellie, Mr. William Robeson, Mr. Thomas Mitchell, to draw vp a roll of the parties cited, with a note of their particular degrees of their offences, and to try what witnesses ar to be examined, or what other maner of probation is to be vsed, and after bussines is so prepared, to report to the Commission, and that all parties interessed attend these brethren for that effect, who shall meet presently in the new kirk, and therafter appoynt their own dyets of meeting. Concerning the reference of Mr. Johne Logic, minister at Deposition of Raffo, 1 from the late Provinciall of Aberden, the said Mr. sum/yme Logle ' Johne, personally present, acknowledging that he did frequently ™^-* ter of eat and drink with the somtyme Marques of Huntley, an excommunicat rebell, and with the excommunicat persones in his parish; and that he baptized a chyld to the Laird of Drum, 1 Query Rafford, in Presbytery of Forres. 246 PROCEEDINGS OF COMMISSION [13 may of Coxton. younger, another of the excommunicat rebells, receiving the chyld from himself, he not being minister of the parish quhair he did it; and that he also preached at that tyme, many excommunicat persons being present, and therafter went to dinner with them, and dyned at the same table and said grace to them : The Commission of Assembly, after serious consider- ation of this particular, as also of a letter writtin by him to Robert Gordon of Mayn, baillie to the late Marques of Huntley, and one of those that held out the house of Bogie, Find him worthie of deposition, and therfor do heirby depose the said Mr. Johne Logie from the function of the ministrie and all exercise therof, and declare the kirk of Raffb to be now vacking, ordering Mr. Johne Watsone, minister at Ordowhill, 1 to intimat this sentence at the said kirk of Raffo upon the first Sabboth after advertisment. Alexander Innes Concerning the petition of Alexander limes of Coxtoun, 2 the Commission thinks it not necessare he come heir, but referres him to his Presbyterie, ordaining him to satisfie in Elgin and in his own parish, and to subscribe his confession. The next meeting tomorrow morning. Aberdene, 14 May 1647, ante meridiem. Sederunt ut in sessione prcecedenti cum Tutor of Pitsligo and Laird of Dudingstoun. This day Mr. Johne Cheyne personally present being heard, and some witnesses examined in his processe, the matter is continued untill Moonday next. The Commissioners of the General Assembly having con- sidered the reference from the Synod of Murray concerning Mr. George Chalmer, hearing his confession that he wrote to Harthill for recovering plundered goods, that he keeped a chalmber in Lesmoire when Lues Gordon wes there, which he had possessed before Lues his coming to that house, and that he said grace to Lues Gordon at his meat and preached in the said house of Lesmoire : Therfor they suspend the said Mr. George from all exercise of his ministrie vntill the 2d Weddensday of July next, and appoynts Mr. Robert Jamieson and Mr. Robert Watson to conferre with him and to labour Mr. J. Cheyn. Suspension, Mr. George Chalmers, minister at Reyn. 1 Ordiquhill in Presbytery of Fordyce. 2 Or, * Cokestoune.' H MAY] OF GENERAL ASSEMBLY:, 1647 247 to make him sensible of his offences, whereof if they find him sensible, then they have heirby power to relax him from suspension after the said day, he alwayes first making publik acknowledgment before the congregation, and one of the said tuo brethren shall after sermon, which he shall have for that purpose upon a Sabboth day, receive his acknowledgment and relaxe him : And if the said brethren shall not find him sensible of his miscariages, then he is not to be relaxed, but they shall make report to the Generall Assembly. Concerning the references of the Provinciall of Murray Rebuk, Mr. touching Mr. Ritchard Maitland, minister at Marnoch kirk, lane and Mr. Mr. Alexander Fraser at Bortruphine, 1 and Mr. George Mel- p^s^lmd drum, minister at Glasse, the said Mr. Ritchard Maitland admonition to personally present wes rebuked for his miscariage, and Meid?um. ge appoynted to give some publik testimony in preaching of his mislike of his bygone cariage upon the first occasion. The said Mr. Alexander Fraser personally present wes also rebuked and appoynted to acknowledge his miscariages in lyke maner in 1 lis first sermon in his own congregation : and the said Mr. George Meldrum in respect of the disaffection of his paroshiners wes admonished to be faithfull and warrie and circumspect in I lis cariage amongst them ; and the rest in the reference con- tinued vntill the next calling. The Commission of the General Assembly do seriously Recomendation recomend to the consideration of the honourable Committee of Redfoold 00 Estates the great sufferings and losses of their brother, Mr. Johne Reidfoord, minister at the kirk of Kinlbethok, which he sustained with the hazard also of his life by the publik enemies of the kingdome ; humblie desyring their Lordships to take some speedy and effectuall course for reparation therof for the mantainance of his numberous family and his own present subsistance. Eodem die, post meridiem. Sederunt ut in sessione prcecedenti. The Commission of Assembly, in respect of the multitude of the complyers with the rebells now cited and attending to offer satisfaction, think it convenient that there be a generall forme of a confession drawn up, quhairin their guiltynes should 1 Botriphnie, in Presbytery of Strathbogie. 248 PROCEEDINGS OF COMMISSION [14 may be acknowledged and a promise made for better behaviour, that all may put their hands to it who doe ingenuously confesse their miscariages, to remain vpon record as a testimony for the tyme to come. The tenor of which confession followeth : — The Confession ' Wee undersubscribers, considering our engagement in and ?edgment OW " accession to the late horrid rebellion by which we have been subscribed by enemies to the Covenants and cause of God, and drawn upon these thcit wtM" accessorie to the ourselves the guilt of the blood of the Lords people that have rebellion. been slaine in the land, do professe our vnfained sorrow and deep humiliation for these our haynous offences, begging of the Lord mercie and forgivenesse for the same, and promising in the strenth and power of his grace to loath and abhorre our- selves as long as we live because therof, and not only to shun and avoid such wicked courses and all the authors and favourers therof for the tyme to come, but also to adhere to the Nationall Covenant and to the Solemne League and Covenant, and to be steadfast and zealous in promoving all the ends therof against all enemies and adversaries whatsoever to the vtmost of our power. And this we do in the sinceritie of our hearts as in the sight of God."' Compiyers in Concerning the diligence from the Presbyterie of Fordyce, of Fordyce. ter e the persones cited being called, and Alexander Gordon of Oxhill, George Gordon of Lechistoun, Robert Stuart in Fornauchtie, Andro Stuart of Tannachie, James Gordon in Corforach, Johne Harper there, Walter Stuart, sone to Thomas Stuart of Ryland, Walter Ogilvy of Carstoun, appearing per- sonally and acknowledging humbly their offences, and promis- ing better behaviour in tymcoming, and in testimony thereof subscribing the paper drawne to that purpose, the Commission remitts them to the Presbyterie of Fordyce to satisfie in their congregations respectivly according to the degree of their offences and the Act of Assembly. And Thomas Stuart of Ryland, William Gordon, sone to Carnfeild, and Alexander Gordon of Mimark, appearing also personally and acknowledg- ing their offences, and all the rest present, remitted also to the Presbyterie to be tryed and censured according to the Ordinance of the Assembly, wherin the Presbyterie is to give accompt to this Commission in the next Generall Assembly ; and the persones absent continued untill the next calling. 15 may] OF GENERAL ASSEMBLY, 1647. 249 Concerning Johne Gordon in Bamff in the reference from Jhon Gordon the Presbyterie of Fordyce, the Commission, finding nothing m Bamfe * against him, and hearing some give testimony of his cariage, do therfor dimitt him, absolving him from the summonds and declaring him free of compliance with the rebells for anything they can find. Concerning the diligence from the Presbyterie of Strathbogie, Jhon Gordon of Johne Gordon of Avachie, and Johne Gordon of Doach, Gordon ot h ° n personallie present and acknowledging their miscariage, the George Gordon Commission of Assemblie remitts them to their Presbyterie to of Killythie. satisfie according to their offences ; and George Gordon of Killythie, personally present acknowledging his offences and subscribing the same, also remitted to the Presbyterie to satisfie according to the Act of Assemblie and the degree of his fault ; and continue the rest vntill the next calling. Aberden 15 May 1647, ante meridiem. Sederunt ut in sessione prcecedenti. This day Alexander Gordon in Welheads, George Anderson Alexander in Miltonn, William Murray in Auchniall, and Mr. Alexander welheads and Reid in Gatly, 1 all personally present, humbly acknowledging p}^ 00 ™" their compliance and subscribing the same, wer remitted to their Presbyteries to satisfy according to the Ordinance of Assembly and degrees of their delinquencie. The said day Alexander Duff, Alexander Gordon, in respect Alexander Duff of his age and his petition and testificat, and Patrik Gordon, and others< remitted to the Presbyterie of Strathbogie, to satisfie accord- ing to the degree of their fault and the Act of Assembly. The said day Patrik Grant of Tolochgoram, Swyne Grant of Patrik Grant Gortinbeg, in the Presbyterie of Aberlour, remitted to their g 0 mm°and Presbyterie to satisfie according to the qualitie of their offence others - and the Ordinance of Assembly, and they to report accompt of their diligence heirin to the Assembly. This day compeired Mr. George Forbes in the Presbyterie of Mr. George Fordyce, and Johne Innes there, humblie acknowledging their johne innes. accession to the rebellion on their knees, and subscribing their confession, wer ordained to go to their Presbyterie to satisfie there and in the congregation, according to the Act of 1 Probably for Gartly. Reid was in trouble again in 1648, and demitted in 1649. 250 PROCEEDINGS OF COMMISSION [15 may Assembly, and that the said Mr. George satisfie also in Awford, and that the Presbyterie of Fordyce send him thither for that effect. Recomenclation The Commission of Assembly recomends to Presbyteries to to Presbyteries. cause a n sucn as nave been in the guiltines of compliance, and never received the League and Covenant, to subscribe the League and Covenant after their satisfaction. George innes of This day George Innes of Coalcoates, personallie present, humblie acknowledged his joyning in actuall rebellion, upon his knees, subscribed his confession, and wes remitted for publik satisfaction, according to the Act of Assembly, to the Pres- byterie. Alexander This day the Commission of Assembly remitts Alexander Stevin, merchant in Elgin, to satisfie according to the Act of Assembly. James Gordon, James Gordon, called Treeleg, personally present, acknow- caiied Treeleg. j ec |g m g upon his knees his actuall rebellion, and subscribing, wes remitted to the Presbyterie of Elgin to satisfie according to the Act of Assemblie and the degree of his great delinquencie. Robert Gordon Robert Gordon, baillie of Enyie, remitted to the Presbyterie, fhe^Parocifo? ano - the res ^ °^ the P ar i sn OI * Bellie present, humblie acknow- Beiiie. ledging their accession to the rebellion upon their knees, wer referred to their Presbyterie to satisfie according to their faults and the Act of Assembly. Mr. William Concerning the matter touching Mr. William Hay, some wit- nesses wer examined, the said Mr. William, being personallie present, objecting nothing against them. Eodem die, post meridiem. Sederunt vt in sessione prcecedenti. Mr. William Concerning the particulars in the summonds against Mr. William Hay relating to the Presbyterie book, the Commission desires Mr. James Martine to peruse the registers of the Pres- byterie of Deir, and to report what he finds in the mater, and appoynts the whole brethren of that Presbyterie to be warned to be present. The next meeting Moonday at 8 hours. 17 may] OF GENERAL ASSEMBLY, 1647. 251 Aberden, 17 Maij 1647, ante meridiem. Sederunt vt in sessione prcccedenti, Only Mr. Walter Greg being absent. This day the persones within the Presbyterie of Alford cited Compiyers in for compliance with the rebells being called and, so many as of Awfurd? wer this day present, humblie upon their knees acknowledging their offences and subscribing the same, wer remitted to the Presbyterie to satisfie according to the degree of their offence and the Ordinance of Assemblie. Johne Gordon in Litlmilne compeiring this day and confess- Johne Gordon ing his actuall rebellion, and that he lies been in perpetuall service with the rebells since Innerlochie, and at Kilsyth, Aberden, and Alford, first a captane, then a major, and last a lievtennent collonell, the Commission continues him till the morne at afternoon. The Commission of the Generall Assemblie considering that Act for censur- many of those, who have made publik profession of their sorrow repentance. 5 ° and repentance for their compliance with the enemy and engagement in the rebellion, do notwithstanding of that their profession continue to glorie in their iniquitie, and to boast in their wickednesse, wherby they declare themselves to have mocked God, and to retaine their former spirit of malignancie and cruelty, Therfor they do appoynt and ordaine that the cariage of all these, who have had any accession unto the rebellion and have made profession of their repentance for the same, shall be diligently lookt unto by the ministers and Presbyteries of their respective bounds, and if any of them shall be found to speak of these their cruell and treacherous courses otherwise then with detestation and sorrow, or to mock the censures of the Kirk theranent, that they shall be proceeded against with the hiest censurs of the Kirk, not only as guilty of the rebellion, but as mockers of God and his ordinances. The Commission recomends to the Kings Advocat to take Recomendation information concerning William M'Kintosh, brother to the Advocat con- goodman of Borland, for taking Mr. William Watson, minister, ™ jj 1 * 8 " 1 keeping him prisoner tuentie dayes, 1 and forcing him to marie him upon the lady. 1 He was imprisoned in a vault at Rothiemurcus, but incurred the censure of the Synod for performing the marriage. 252 PROCEEDINGS OF COMMISSION [17 may Particulars This day the particulars from the brethren of the Presbyterie from the Pro- o -%r 1 • • i 1 vince of Murray 01 Murray being considered, viz., — recommended Commissioners out of the severall Presbyteries of the to the Assem- > m . . biy. Province of Murray did humblie represent the desolat condition of Badyenoch, be reason of the vaccancie of all the kirks, which cannot be supplied but be ministers who have the Irish toung, and therfor besought the Commission to take their case to their consideration, and further them as occasion shall offer, with honest able men having the Irish toung. As likewise did humblie represent the fearfull estate of Lochaber, which borders upon the Hyland parts of the Pro- vince of Murray, in the tyme of Poprie had thrie parish churches well provyded, and now since the Reformation never hath there been any care had to fill these churches with any minister at all, the bounds being in lenth 60 myles and in breadth 30 myles, and so the people to this houre wer never taught if Christ come in the world, or that there is a Sab- both, or a life to come, which cannot be but a nationall sin. Wherfor did humble and earnestlie intreat the Moderator and whole Commission to represent the case to the next Generall Assembly that such a fearfull scandall upon the Gospell may be removed, and so many thousand soules may be cared for, and so much the rather because the Marques of Argyle, in the Generall Assembly holden at Edinburgh anno 1642, did promise in face of the Assembly to provyde the bounds of Lochaber with thrie ministers, the least to have for their provision fyve hundreth merks. The Commission referrs these particulars to the consideration of the next Generall Assembly. Act for relaxing Touching the reference concerning Mr. William Watson at Wats^nat 111 Duchell, 1 suspended by the Provinciall of Murray, the Commis- Ducheii. s j on 0 f Assemblie remitts him to the Presbyterie of Aberlour to satisfie publikly in his congregation, and to subscribe his confession, and that they therafter relax him, and the said Mr. William, personallie present, humblie confessed his guiltinesse before the Commission, and promised to satisfie in maner afore- said. 1 Probably Duthill, in the Presbytery of Abernethy. 17 may] OF GENEKAL ASSEMBLY, 1647 253 Touching the reference of the Provinciall of Murray concern- Deposition of ing Mr. Alexander Clerk, minister at Skiralvie, 1 the said Mr. cleric, somtym Alexander, being personally present and confessing that he j^Sraive at preached before George, somtyme Marques of Huntly, an ex- communicat person, in the kirk of Kingussie, where he also prayed and had all the exercise of publik worship before the said excommunicat person and his associats and followers in the rebellion, and that he did also the same in his own kirk of Skiralvie, the said somtyme Marques having come in after he began sermon ; acknowledging also that he never intimat the excommunication of the said somtyme Marques, notwithstand- ing directions given to him for that purpose : The Commission, having seriouslie considered the said mater, find him worthie of deprivation, and therfor do depose him from the function of the ministrie and all exercise therof, and declare the kirk of Skiralvie to be now vacking, appoynting the Presbyterie of to send one of their number with diligence to intimat this sentence in the said kirk of Skiralvie upon a Sabboth day, according to the accustomed order. Eodem die, post meridiem. Sederunt vt hi sessione antemeridiana et Mr. Walter Greg. Concerning the reference from the Provinciall of Murray Deposition of touching Mr. George Han nay, the said Mr. George being per- Hanna^fum- sonally present and at lenth heard in the mater; and the parti- ™ although we could not but approve of their choise in our own judgment, yet conceiving the mater to belong pro- perlie to yow, we have remitted it to yourselves. Only, as we did at Aberdene, so now againe we recomend seriouslie the speedy planting of that kirk, with the consent of the parosh- I JULY] OF GENERAL ASSEMBLY, 1647. 277 iners, according to the order of the Kirk. And so we comend yow in all your labours to the Lords blessing, and remaine, Your loving brethren, Edinburgh, The Commissioners 1 Julij 1647. of the Generall Assembly. 1 Direct : To the reverend brethren of the Presbyter ie of Strath- bogie. The Commission having heard Mr. James Nasmith, per- Mr. James sonally present, do againe ordaine him to repare to the army Nasmith - for releeff of Mr. Johne Nevey, according to the appoyntment in Aberden, and that he be there against the end of this moneth of Julij. The next meeting afternoon. Eodem die, post meridiem. Sederunt vt in sessione antemeridiana. The Commission, considering that in respect of the present posture of affairs it wer fitting that they made some addresse to the Committee of Estates, therfor appoynts the petition following to be represented to the Committee of Estates by Messrs. William Jamieson, Johne Moncreiff, James Bruce, and James Nasmith, with Moncreeff, Lammington, and Duding- stoun. Tenor of the petition followes : — 6 The humble supplication of the Commission of the Generall Assembly unto the right honourable the Committee of Estates. 4 Right honourable, — Albeit the present postur and cariage Petition to the of affairs in the kingdome of England be full of darknes, gtates." 66 ° f yet we conceive that things have so farre discovered themselves as give just cause of amazement and feare to all those who tender the interest of Religion and the Covenant. Wee can not but professe the sense which we have of the dangers that threaten the work of Reformation and the government both of Church and State, and do earnestly and from our soules beseech your Lordships that yee will stirre up yourselves unto the due and tymous apprehension and searching out of these counsels that walk in the dark, and doing evrie thing that may contribute for securing ourselves and encouraging of our 278 PROCEEDINGS OF COMMISSION [6 JULY brethren, that the Covenant may be keept inviolable, Religion and Government, both civill and ecclesiastik, preserved, and the work of God transmitted without spot unto the following generations. As we have hithertills, according to our places and trust, at all tymes represented unto your Lordships our judgment and desires, so we shall endevour and continue in the discharge of that faithfulnes and care in this day of tryell and distresse, and ar here mett for that effect, being confident that your Lordships will not only accept well of our endevours, but also study to approve yourselves unto God by your integrity and zeale in all these things that concerne the publik good in this present condition of affairs."' Mr. James The Commission, having heard againe Mr. James Nasmith, do, notwithstanding anything he hes vet said, appoynt him to repare to the army for releef of Mr. Johne Nevey, and that a letter be writtin to the Presbyterie of Hamilton to choose another Commissioner to the Assembly for him in respect of his appoyntment to this employment. The Commission appoynts letters to be writtin to Messrs. David Dickson, Robert Baillie, and Robert Ramsay, and other brethren also, to be heir the next week, or so soon as advertis- ment shall come unto them, that the next meeting may be frequent. The next meeting on Teusday at tuo hours. Edinburgh^ 6 Julij 1647, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Johne Smith : Mr. William Dalgleish : Mr. Evan Cameron : Mr. James Nasmith : Mr. Mathew Brisbane : Mr. David Drummond : Mr. Patrik Colvill : Mr. David Calderwod : Mr. John Oiswald : Mr. John Mon- creeff: Mr. James Bruce : Mr. Alexander Casse : Mr. AValter Swyntoun : Mr. John Hamiltoun : Mr. Robert Traill : Mr. William Colvill : Mr. William Adair: Mr. Thomas Yassie : Mr. Walter Greg. Elders. — Earle Crawfurd : Earle Tullibardin : Earl Lanerk : Lord Balmerino : Laird of Moncreiff : Laird of Lammington : Thomas Paterson : William Home of Linthill : James Stuart. Lues Gordon. The Commission having read this day a letter from the Presbyterie of Elgin concerning Lues Gordon, a vile rebell and an excommunicat person, shewing the favour and libertie he hes gotten, do seriously recomend to the Committee to consider of it, and the lords present promised to shew the mater to the Committee. 6 JULY] OF GENERAL ASSEMBLY, 1647 279 The Commission, in respect of the present condition of conference for affairs in England, find it necessare that a Declaration wer ^Satk)? * emitted, and therfor they appoynt the brethren of severall Provinces to meet to consider the best grounds and overtures for a Declaration to manifest the present dangers of Religion and the Covenant, and that the brethren in Teviotdaill meet with Lothian in the Mid Kirk, Fyfe in this place, the brethren of the West in the West Kirk, the morne at 7 hours. Concerning the petition of Mr. Robert Strachan, the Com- Mr. Robert mission appoynts Messrs. William Colvill, Johne Oiswald, Strachan - Johne MoncreifF, and Mathew Birsbane, to conferre with the said Mr. Robert Strachane concerning his religion, and to meet heir with him after dissolving, and therafter to appoynt their own dyets. The Commission recomends Mr. Henry Cokburne to the Mr. Henry Lord Advocat to assist him before the Commissioners for Cokbu ' n * planting of kirks. This day Mr. Henry Forbesse having presented letters from Mr. Henry Sir John Bouchier and the paroshiners of Newtoun upon Forbess - Ouze, desyring that he might have ordination, the Commission think fltt to returne this ansuer : — To the much honoured Sir Johne Bouchier, knicht, and the paroshiners of Newtou n upon Ouz. 4 The bearer heirof, Mr. Henrie Forbesse, having produced Answer to Sir unto us some papers shewing your desires for his ordination, and^a^ochhT'ers wee wer exceeding willing to give yow all satisfaction therin of Newtoun i >t • i fn • n t • concerning him. knowing his good abilities and qualification for discharging the duties of the holy calling of the ministrie. But it not being in our power, nor in the power of any Presbyterie or other judicatory of this Kirk to give ordination or admission to a pastorall charge in another Kirk, we can do no more but remitt him bak to yourselves, that yow may present your desires to the Presbyteries now erected in the Kirk of Eng- land : Heartily recomending him to yow, as one whose labours, by the Lords blessing, may be verie profitable amongst yow. Subscribed in name and by comand of The Commissioners of the Generall Assemblie Edinburgh, of the Kirk of Scotland."* 6 Julij 1647. 280 PROCEEDINGS OF COMMISSION [7 JULY Edinburgh, 7 July 1647, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. John Oiswald : Mr. James Fleming - : Mr. Thomas Vassie : Mr. James Bruce: Mr. Walter Greg: Mr. Patrik Gillespie: Mr. Walter Swyntou : Mr. William Adair : Mr. Mathew Birsbane : Mr. James Affleck : Mr. John Knox at Dalkeith : Mr. William Colvill : Mr. David Calderwod : Mr. Robert Ker : Mr. David Drummond; Mr. Robert Traill: Mr. Johne Smith : Mr. Alexander Casse : Mr. James Guthrie : Mr. Patrik Colvill : Mr. John Hamilton: Mr. John Moncreiff : Mr. James Nasmith. Elders. — Earle of Crawfurd : Earle of Lanerk : Laird of Lammington : Laird of Moncreeff : Laird of Dudingstouu : Lawrence Henryson : Thomas Paterson. Concerning the The Commission having considered the severall overturs of Declaration. the brethren for a Declaration, think fitt that a draught of the Declaration be first dravvne upon these papers, and therafter they will consider therof,and therfor recomends to the Moderator to draw some draught and to exhibit it to the Commission, and that he assume to himself any he pleases to assist him therin. Mr. Robert This day Messrs. William Colvill and Johne Oiswald ar Strachan. appoynted to conferre againe with Mr. Robert Strauchan. The next meeting afternoon. Eodem die, post meridiem. Sederunt:— Ministers. — Mr. Robert Douglas, Moderator. Mr. William Colvill : Mr. James Fleming : Mr. John Knox : Mr. David Drummond : Mr. John Weir: Mr. John Smith: Mr. Patrik Fleming: Mr. James Guthrie : Mr. Patrik Colvill : Mr. John Moncreiff : Mr. James Affleck : Mr. Robert Wright: Mr. John Oiswald: Mr. David Calderwod: Mr. Robert Ker : Mr. Thomas Vassie : Mr. James Bruce : Mr. Walter Greg : Mr. Patrik Gillespie : Mr. Walter Swynton : Mr. William Dalgleish : Mr. James Nasmith : Mr. Evan Camron : Mr. Johne Hay : Mr. Robert Traill : Mr. Mathew Birsbane. Elders. — Laird of Lammington : Laird of Moncreeff : Laird of Dudingstoun : William Home of Linthill : Lawrence Henrysone : Thomas Patersone. Laird of Aboyn. The petition of the Laird of Aboyn for reparation of his losses being considered, the Commission appoints Messrs. Johne Moncreeff, James Guthrie, Mungo Law, and Patrik Fleming, Lammington, Moncreeff, and Dudingstoun, to assist him at the Committee of Estates. Robert Graham This day the petition of Robert Grahame of Litlecarnie considered, the Commission appoynts Messrs. James Nasmith and James Guthrie to conferre with him and to report. Reference. This day Johne Robertson of Inwar called and not appear- sono'f fnwaf to ing, the Commission refers him to the next Assembly, and the Assembly. Presbyterie appoynted to cite him, with certification, if he 8 JULY] OF GENERAL ASSEMBLY, 1647 281 appeare not, the Assembly will hold his not appearance for confession of guiltynesse. The Commission having considered the papers produced by Reference. Mr. Johne Smith, and having heard himself personally present, smitl 0 ?" and finding notwithstanding therof that they might have pro- Assembl y- ceeded to a determination concerning his transportation, yet, in respect the Generall Assembly is now approaching, they referre the said mater to the Generall Assemblie, and the said Mr. Johne, and Sir James Melvill, and George Gairdin, for the paroshiners of Burntiland and the Magistrats of Edinburgh, ar warned heirof apud acta. The Commission appoynts Messrs. John Moncreeff and Johne Marques Smith to assist thedesires of the Presbyterie of Lanerk concerning children, the education of the Marques of Douglasses children in France. This day James Grahame of Claypots, Gilbert Ogilvie of ciaypottes, Craig, Patrik Ogilvie of Bridgend in Lentrathen, and Maj or ojivie, and Johne Ogilvie of Badevie \ called and not compeiring, the ^Assembiy^ Commission appoynts them to be cited to the next Generall Assembly pro secundo, and that the Presbyterie summond them for that effect. Edinburgh, 8 July 1647, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. James Fleming : Mr. John Knox : Mr. David Drummond : Mr. Johne Smith : Mr. Walter Swyntoun : Mr. Robert Traill : Mr. James Sibbald : Mr. Johne Hamilton : Mr. Evan Cameron : Mr. James Nasmith : Mr. Robert Wright : Mr. David Calderwod : Mr. Robert Ker : Mr. Thomas Vassie : Mr. Walter Greg : Mr. Patrik Fleming . Mr. John Moncreiff : Mr. John Duncan : Mr. Patrik Colvill : Mr. Mathew Birsbane : Mr. Alexander Casse : Mr. Johne Hay: Mr. William Adair: Mr. James Guthrie. Elders. — Lord Angus : Lord Balmerino : Lord Yester : Laird of Moncreiff : Laird of Dudingstoun : Laird of Lammingtoun : Laird of Linthill : Lawrence Henrysone. The Commission having called the persones cited to this Reference of meeting within the Presbyteries of Chanrie and Tayne, do P5 rsonnsm ° J J ' Cnannene and recomend to these Presbyteries to cite the absents to the Ta yn to Generall Assembly. Assembly. The Commission thinks fitt that the Earl of Abercorne Earie Abercorn, have conference vntill the Generall Assembly, and therfor recomends to the Presbyterie of Edinburgh to conferre with the said Earle whilst he remaines in this toun, and if he go to 1 Query, Baldovie. 282 PROCEEDINGS OF COMMISSION [8 JULY Remitt. Complyers Forfar. Robert Graham of Litlecarnie. Rouse para phrase. his house in the countrie, recomends to the Presbyterie of Paislay to conferre with him. Concerning the persones cited by the Presbyterie of Forfar, the Commission remitts them to the Presbyterie for exact tryell and condigne censure, according to the degree of their delinquencie and the Act of Assemblie, quhairin they shall report their diligence to the Assembly. Concerning the report of the brethren appoynted to conferre with Robert Grahame that he had given them no satisfaction the Commission referrs him to the Presbyterie of Auchterardor, recomending to them to proceed against him as they will be ansuerable, quhairin they desire that they may take the assist- ance and concurrance of Messrs. Robert Murray and Alexander Rollock. The Commission ordaines the Clerk to give out summonds to Mr. Thomas Mitchell for citing the persones he complaines of to the Generall Assembly. Recomends to Mr. Johne Adamsone to revise Rowes para- phrase of the Psalmes, 1 and Mr. Johne Rowes observations therupon, and to have his opinion therof ready for the next Assembly. The next meeting afternoone. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Johne Weir : Mr. William Adair : Mr. James Guthrie : Mr. Patrik Colvill : Mr. Mathew Birsbane : Mr. Patrik Gillespie : Mr. Robert Traill : Mr. Johne Duncan : Mr. William Dalgleish : Mr. James Nasmith : Mr. John Knox : Mr. Thomas Vassie : Mr. Walter Swyntoun : Mr. William Colvill: Mr. James Fleming : Mr. Johne Smith : Mr. Patrik Fleming : Mr. David Drummond : Mr. John Hamilton : Mr. Johne Moncreiff : Mr. James Sibbald : Mr. Robert Ker : Mr. Adam Penman : Mr. John Dalyell : Mr. Robert Wright : Mr. David Calderwod : Mr. Johne Hay. Elders. — Laird of Lammingtoun : Laird of Moncreiff : Thomas Patersone. Remitt of com- This day Kenneth M'Kenyie in Garloch, Rorie M'Kenyie plyers in Rosse. rf Dachmaluak ^ Co line M'Kenyie of Tar vie, Kenneth M'Kenyie of Assint, Coline M'Kenyie appearing of Kincraig, Johne 1 That is, Rouse's Paraphrase of the Psalms as it had been revised by the Westminster Assembly. It was subjected to further revision in Scotland, in which Mr. John Adamson, Principal of Edinburgh University, who was himself a poet, and Mr. John Row of Aberdeen, who was a distinguished Hebrew- scholar, took a prominent part, the latter no doubt to render it 'more agreeable to the Original than any heretofore. ' 9 JULY] OF GENERAL ASSEMBLY, 1647 283 M'Kenyie of Ord, Johne M'Kenyie of Tachcairne, James M'Kenyie, Alexander M'Kenyie, Hector M'Kenyie, Thomas Grahame, Rorie Bayn, Alexander Bayn, and Captane Alex- ander Bayn compeiring personally, the said Rorie M'Kenyie of Dachmalwak, Coline M'Kenyie of Tarvie, Johne M'Kenyie of Ord, Thomas Grahame, and Alexander Bayn, acknowledged their subscribing Seaforts Remonstrance, and subscribed judici- ally their renunceation therof ; the rest, except the said Ken- neth M'Kenyie of Garloch and James M'Kenyie, acknowledged their attendance upon the said Earle of Seafort when he went to James Grahame and the said Kenneth and James M'Kenyies denyed they wer guilty either of the one fault or the other ; Therfor the Commission of the Generall Assembly, not having heir sufficient information concerning them, nor means of further tryell, do referre all the said persones to their severall Presbyteries for further tryell, recomending that the subscribers of the Remonstrance and the followers of Seafort when he wes with James Grahame, satisfie publikly as they shall prescribe, according to the degree of their offences and the Act of the Generall Assembly, and that they give account of their dili- gence heirin to the Generall Assembly. This day the Moderator, with Mr. William Colvill, Mr. Johne Smith, Mr. James Guthrie, and Mr. Robert Ker, appoynted to revise the draught of the Declaration and to report. Edinburgh, 9 Julij 1647, ante meridiem. Sederunt: — Ministers. — Mr. Robert Doug-las, Moderator. Mr. David Dickson : Mr. James Affleck : Mr. Robert Baillie : Mr. Patrik Colvill : Mr. John Smith : Mr. Patrik Gillespie : Mr. John Duncan : Mr. Thomas Vassie : Mr. James Sibbald : Mr. David Drummond : Mr. Adam Penman : Mr. J ohn Ois wald : Mr. David Calderwood : Mr. William Colvill : Mr. Mathew Birsbane : Mr. James Guthrie : Mr. Robert Ker : Mr. James Fleming-: Mr. John Hay: Mr. William Dalg-leish : Mr. James Nasmith : Mr. Robert Wright : Mr. Johne Knox : Mr. William Adair: Mr. Robert Traill: Mr. Alexander Casse. Elders. — Earle Crawfurd : Lord Yester : Laird of Lamming-ton : Laird of MoncreifF : Laird of Dudingstoun : Laird of Linthill : Lawrence Henrysone : George Porterfeild. This day, Angus M'Queen of Torriburgh being called and Remitt. not compeiring, the Commission appoints the Presbyterie of M-Queii Innernes to sentence the said Angus M'Queen with excom- 1 That is, joined the Marquis of Montrose. 284 PROCEEDINGS OF COMMISSION [9 JULY munication, they having sufficient proofF that he hes been and is presently in the rebellion, and to report their diligence heirin to the next Generall Assembly. The draught of the Declaration being read, the Commission appoynts Messrs. David Calderwod, David Dickson, Robert Baillie, John Oiswald, Johne Duncan, William Dalgleish, Mathew Birsbane, William Colvill, James Guthrie, with the Moderator, Earle Crawfurd, Earle Lanerk, Laird of Lam- mingtoun, MoncreifF, Dudingstoun, George Porterfeild, to con- sider it againe, to mend some expressiones and to report. Sir David and This day Sir David Ogilvy and David Ogilvy referred to David Ogiivies. t ne j r Presbyterie for tryell and censure for their compliances, and they ar to report their diligence to the Assembly. The next meeting afternoon. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderator. Mr. Robert Baillie : Mr. Mathew Birsbane : Mr. Robert Ker : Mr. John Knox : Mr. Johne Hay : Mr. David Dickson : Mr. John MoncreifF: Mr. James Affleck : Mr. William Dalgleish : Mr. Adam Penman : Mr. Patrik Flemyng ; Mr. James Fleming : Mr. James Guthrie : Mr. David Drum- mond: Mr. John Oiswald : Mr. Patrik Colvill: Mr. Johne Weir : Mr. William Colvill : Mr. William Adair. Elders. — Laird of MoncreifF : Laird Cuninghamhead : Thomas Paterson. The Commission continues to determine anything concern- ing the Declaration of the present condition of affairs untill Teusday next. The Commission referrs Mr. Robert Strachan his desire concerning the admitting of his confession and abjuration of Poprie vnto the next Assembly. In the mean tyme, if he stay in toun, he may give in writ a declaration of his bygone errors and his present judgment therof against Teusday next. Edinburgh, 13 Jidij 164>l,post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderator. Mr. William Colvill : Mr. James Affleck : Mr. William Dalgleish : Mr. John Knox : Mr. John Hay: Mr. Alexander Casse : Mr. William Adair: Mr. John Oiswald : Mr. David Dickson : Mr. John MoncreifF : Mr. Robert Baillie : Mr. Robert Ker : Mr. Adam Penman : Mr. Patrik Gillespie : Mr. James Guthrie : Mr. Andro Eliot : Mr. Patrik Fleming. Elders.— Laird MoncreefF : Laird Cunynghamhead : Thomas Patersone. Messrs. Thomas This day Mr. Thomas M'Kenyie, Mr. Nicoll Rosse, and Mackenzie, J i n n Nicol Ross, Johne M'Kenyie, commissare deput, personally present, refuse kenzfe. MaC " that they subscribed Seaforts Remonstrance and that they Reference. Mr. Robert Strachan to Assembly. 13 JULY] OF GENERAL ASSEMBLY, 1647 285 wer with Seafort when he wes with James Grahame ; the Com- mission, not having sufficient information concerning their cariage, do therfor remitt them to their Presbyteries to be further tryed, that according to their merite they may be cleired or censured, and appoynt the Presbyterie to send report of their diligence to the next Assembly. This day, the persones in the Presbyterie of Fordyce cited to Remitt. this Commission being called and not compeiring, the Com- Fordyce? rS mission remitts them to the Presbyterie to be tryed and cen- sured condignly, according to the order prescribed, and to report to the Assembly. The Commission appoynts that in the Fast appoynted by Committee for the Generall Assembly there be some reasones added, in respect Fast? nS ° f a of the present condition of affairs, and letters therwith' sent to Presbyteries, and appoynt Messrs. David Dickson, William Colvill, James Guthrie, William Dalgleish, and the Moderator, Moncreiff, and Cunnynghamhead, to consider these causes of a Fast and to report. This day, the Declaration againe read, continued untill the morne to consider further of it. The next meeting the morne at ten hours. Edinburgh, 14 Julij, ante meridiem. Sederunt:— Ministers. — Mr. Robert Douglas, Moderator. Mr. James Affleck: Mr. John Knox: Mr. Johne Hay: Mr. Alexander Casse : Mr. Andro Eliot : Mr. Patrik Colvil : Mr. Patrik Gillespie : Mr. William Colvill : Mr. William Dalgleish : Mr. Adam Penman : Mr. Patrik Fleming : Mr. James Guthrie : Mr. Robert Traill : Mr. Johne Mon- creiff: Mr. Johne Weir. Elders. — Laird Moncreiff : James Rughead : Lawrence Henryson : Thomas Paterson. The Commission recomends to Mr. Mungo Law to assist Collonell Brysones relict before the Committee of Estates for some supply. This day the Commission approves the causes of a solemne fast, and appoynts the same to be sent to Presbyteries in print, that they may be made use of for further humiliation upon the 25 of this moneth, which is Sabboth come eight dayes, a day appoynted to be keept by the late Assembly for praying for a blessing to the next Assembly. 286 PROCEEDINGS OF COMMISSION [14 JULY ' Causes of a jmblikjust and solemne humiliation to be kept throughout the Church of' Scotland upon the last Sabboth of this instant moneth of Jidy, being the 25 day therof 1647. Causes of the 6 1. That notwithstanding of our solemne ingagement in the Covenant, our obligationes from great and singular mercies, and our many warnings from judgments of all sorts, yet not only do we come farre short of that sobriety, righteousnes, and holynes that becometh the gospell of Jesus Christ, but ungodlynes and worldly lusts abound evrie where throughout the land, unto the grieving of the Lords Spirit, and provoking the eyes of his glory, because we continue to walk contrary unto him. '2. That the Lords hand is still streatched out against us in the judgment of the pestilence, which spreads not only in severall places of the countrey, but continueth and increaseth in many of the most eminent cities in the kingdomes. 4 3. The great danger that threatens Religion and the work of Reformation in these kingdomes, from the number, policie, and power of the sectaries in England, which ar like not only to interrupt the progresse of Vniformity, and the establishing of the ordinances of God in their beauty and perfection, but to overturne the foundation already laid, and all that hath been built therupon, with the expence of so much blood and paines. ' 1. And therfor we ar earnestly to pray the Lord that the Solemne League and Covenant may be keept fast and inviolable notwithstanding of all the purposes and endevours of open enemies and secret underminers to the contrary. 4 2. We ar to intreat the Lord in the behalf of the Kings Majestie that he may be reconciled to God, and that he may be now furnished with wisdome and counsell from above, that he be not involved in new snares to the endangering of him- self and these kingdomes, but that his heart may inclyne to such resolutiones as will contribute for setling of religion and righteousnes. ' 3. Wee ar also to intreat the Lord in the behalf of the Parliament of England, of the Synod of Divines, and of all 14 JULY] OF GENERAL ASSEMBLY, 1647 287 such in that land as do vnfainedly minde the work of God, that they may not be discouraged nor swerve in the day of temptation, but that each of them in their stations, and according to their places and callings, may be furnished with light and strenth from heaven for doing of their dutie with faithfulnes and zeale. 4 4. Wee ar to supplicat for direction to our Committee of Estates, that they may discerne the tymes and know what is fitting to be done for securing ourselves and encouraging our brethren. 4 5. Wee ar to pray for a spirit of light and of love unto our Assemblie, that they may be instrumentall in preserving truth and advancing holynesse amongst ourselves, and for carying on the worke of God amongst our neighbours. * Finallie, That the Lord would poure out upon all sorts of persones in these kingdomes a spirit of grace and supplication, that it may repent us of all our iniquities, and that we may be reconciled to the Lord, that so all the tokens of his wrath may be removed from amongst us, and he may blesse us with the sweet fruits of truth and peace. 1 Tenor of the letter to Presbyteries followes : — 4 Reverend brethren, — Wee believe that there is none Letter to amongst yow so great strangers unto the condition of affairs in Presbyterl( our neighbour land, but that yow have heard of the exceeding increase and growth of sectaries, these whose power and policie is come to be such that it threatens Religion and the work of God in these kingdomes with most eminent danger, and ther- for we do, from the sense of the trust committed unto us, in the bowels and by the authority of Jesus Christ seriously exhort yow to take heed unto yourselves and to the flock over which the Holy Ghost hes made yow overseers, and that none be drawn aside or arise amongst us to speak perverse things, but that the ordinances of God may be preserved pure and intire. And, because it is just with God to send strong delusion upon those to believe a lie who do not receive the love of the trueth, therfor, as it is needfull to teach and instruct in sound doctrine, so to studie to be blameles in our conversation and to convince the ungodly of all their ungodly deeds and to encourage these 288 PROCEEDINGS OF COMMISSION [14 JULY that walke as it becomes the gospell of Jesus Christ. If any further opportunitie shall offer betuixt this and the Generall Assembly we shall acquaint yow with the progresse of affairs. In the mean while we have sent yow the Causes of a publik fast which we conceive necessary to be keept the 25 of this moneth, not only in reference to the approaching Assembly according to the Act of the preceeding Assembly, but also in reference to the present condition of affairs. In the first cause wee have keept upon a generall, leaving it to your own knowledge and discretion to discend unto the particular sins that abound in the land and in your bounds. Wee desire that your Commis- sioners may come furnished unto the Generall Assembly with a report of your diligence against all malignants and Complyers with the enemy in your bounds ; as also with a report of your opiniones in the particulars referred to yow by the proceeding Assembly, and that they may bring with them what is resting to James Murray so often recomended unto yow. Thus, comending yow and all your labours unto God, we continue, Your loving brethren, Edinburgh, The Commissioners 14 Julij 1647. of the Generall Assembly.'' The Commission think it incumbent to them to writ to the Lovetennent Generall for his encouragement the letter fol- lowing : — Letter to the ' Right Honourable, — Wee account it no small testimonie Leivtennent Q f j.] ie Lords goodnes that he heth delivered us from the Generall. ° tyranny and oppression of that basse and bloody enemie that did vexe and afflict our land for many dayes ; a mercie so much the more precious because it is dispensed at such an opportunity, when new dangers threaten Religion and the work of Reforma- tion. And we can not but be sensible of your integrity and activity whom the Lord hes honoured to be instrumentall in that work. Wee know that yow have mett with difficulties and hardships, but by these the Lord hes made way for the manifestation of the excellencie of his power and for tryell of your patience and constancie, that he might be glorified and yow approved. And we ar confident that his good hand with yow in your greatest straits shall not only engage your heart 14 JULY] OF GENERAL ASSEMBLY, 1647 289 to walk humblie and thankfullie with God, but be ground of encouragement to go on with resolution and hope in prosecut- ing that which remaines. Wee ar sorie that, notwithstanding all our endevours for ministers, yet hithertills it hath come to passe that the army hes not been so well supplied. Wee have of late nominat some for that attendance, and shall studie to make them keep their dyets. So, praysing the Lord for all his mercie towards yow, and intreating the continuance of his blessing upon your endevours, we rest, Your loving freends and servants in the Lord, Edinburgh, The Commissioners 14 Julij 1647. of the Gexerall Assemblies Direct : For the right honourable Lievtennent General! David Leslie. The Commission, considering how necessar it is to them to represent to the Synod of Divines the sense of their condition in respect of the present condition of affairs in England, and that it is incumbent to them in dutie to writ a letter unto them, therfor appoynts the Moderator, Mr. William Colvill, Mr. James Guthrie, and Mr. Robert Traill to consider of some grounds and a draught of a letter, and to report afternoon. The Commission think it necessar in respect of the present postur of affaires to present a petition to the Committee of Estates, a draught whereof they desire the Moderator and Clerk to draw against afternoon. The Commission, having againe cause read the Declaration, do approve it, as it is now corrected, but judge it not convenient to put it to publik view presently, in respect of the neernes of the Assemblie ; but in case there be a necessity, will give power to emitt it and make publik vse therof. Tenor of the said Declaration followes : — 6 It hes been the dispensation of the only wise God in the The Deciara- carying on of his work in these kingdomes to exercise his people tlon and Re " , J ° _ & < r r monstrance of with a continued succession of many and diverse tryels that the present their faith might be proved and his glory might appeare by dangers * giving unto them support and delyverance. For many yeirs together we fought with the Popish and Praelaticall partie who choosed rather to make these lands run with streams of blood 290 PROCEEDINGS OF COMMISSION [14 JULY then to quyt the plea of lordly dominion, the ceremonies, the service book, and the designe of promoting and establishing the Antichristian yoke upon the neck of this Hand : But in the power of the Lords strength they ar brought low, a mercie in itself great and marvelous, and that deserves to be keept in constant remembrance, not only to be an incitment of our praises, but a ground of our hopes of the Lords salvation for the time to come. ' After so many sad and sore conflicts unto sueat and blood with that party, it wes our desire and expectation to have come out of trouble and to have sitten doun in quietnes and assur- ance to reap the sueet fruits of precious truth and pure ordinances in the Church and of justice and righteousness in the Commonwealth. But a new storme arises that threatens the losse of all our former labours, the overturning of the work of Reformation in these kingdomes, and a sad stroke of Religion in all the Reformed Churches. There is a generation in our neighbour land who at first seemed sensible of the corruptiones of worship and government and to breath after a delivery from the tyrany of the praelats, and therfor did many of them joyn in a Covenant with us for extirpation of Poprie and Praelacie, haeresie and schisme, and whatever is contrarie to sound doctrine and the power of godlynes, and for promoving the work of Vniformity. And for a whyle they appeared to act for these ends. But how soon the yoke of praelats wes broken from off their neck they thought it tyme to stirre for them- selves, that things should not carie contrary to their designes, and therfor by their subtile and crooked wayes have for a long tyme retarded the work of God, so that as yet it not only comes farre short of that beauty and perfection which er now it might have attained (if these men had in the integrity of their spirits ansuered their engagements and our expectation), but also because the hedging of the Lords vineyarde hath bene strongly impeded by their means. It is much darkned and infested with a swarme of sectaries come up over the face of that Kirk whose opiniones and practises portend rwin to England and exceeding danger to us, if that wisdome which is unsearchable and that mercie which endures for ever do not prevent it. Wee desire to construct the actions of all men 14 JULY] OF GENERAL ASSEMBLY, 1647 291 to the best, and it peirceth our hearts with many sorrowes to consider that those who seemed once to be for advancing of Reformation should by their miscariages open the mouths of adversaries to blaspheme and speak evill of the truth and of the wayes of God. But we should denie our own sense, betray the trust committed unto us of God, expose his people to snares, and by our silence approve of these sad beginnings and all the doolfull consequents that ar like to issue from thence, if Ave should not declare and make known the dangers that threaten Religion and Government from the principles and actiones of that partie. 8 It is too well known how much not only toleration is pleaded for, but an absolute and vniversall libertie to believe, to professe, and propagat without disturbance in mater of Religion whatsoever is apprehended as truth, though in itself never so monstrous and erroneous. And will this extirpat haeresie and schisme, profannes and whatsoever is contrarie to sound doctrin, and bring the Churches of God in the three kingdomes to the neerest conjunction and Vniformity in maters of Religion, as they have sworne ? Nay, will it not rend them in peeces and expose them to the reproach of adversaries and make them a stage on which evrie lieing and vnclean spirit may come furth without contradiction to professe and act unto the overthrow of all religion and honestie, until truth and righteousnes be banished out of the earth ? Neither doeth this vniversall libertie reach only unto the rwin of Religion and razing the foundations of the Church, but unto the subversion of policy and overturning the pillars of the State ; which, as it would prove the fountaine of infinit losses and confusiones, so it could not but be mater of great sorrow unto us, who ar under so solemne obligation for mantaining the priviledges of Parliament, and preserving the King in his just greatnes and authority, in the defence and preservation of Religion. 8 The worke of Vniformity wes for a long tyme much desired, and of late much endevoured and promoted with hope and joy by all the godly, as that which, without controversie, wes like to contribute most for making those nationes honourable and happie in the purity of the ordinances and in a stable and firme peace. And therfor a Solemne League and Covenant wes 292 PROCEEDINGS OF COMMISSION [14 JULY sworne and subscribed for attaining and preserving so great a blessing. Wpon this surety (as knowing none better and more sacred) Scotland did engage with their brethren. And as it is our purpose to hold it fast, so we expect that the same shall be keept inviolable by England, albeit some make too palpable profession of such things as tend to the rwin and dissolution therof, which, after so firme a foundation of a neer conjunction and fair hopes of many rich blessings to issue from thence, would not only frustrat us of all those, but also rend us asunder, and so expose u£ as a prey to common adversaries, and make us to be consumed one of another. 4 From this generation and partie of sectaries, sprung up in the bosome of our neighbour land, it is that we have reason to feare, not only great evills to befall unto our brethren there, but also sad consequences to saise upon ourselves. Befor our vnion with that nation vnder one King, the influence from thence in the revolutiones and alterationes of Religion wes ahvayes powerfull upon us, and since that tyme wofull experi- ence lies taught it to be such as first overturned the govern- ment of the Church and corrupted the worship of God, and did afterwards well nigh cary us bak unto Rome itself. There is in the hearts of all the children of men an inclination to errour, especially to those errours that ar most plausible to the flesh, and savour of carnall libertie. And we having such vicinity, and so frequent commerce and correspondence with that nation, can not but be in danger to have infection derived unto us from thence, and to have the beginings and seeds of haeresie and schisme brought in amongst us, which may spread as a leprosie and fret as a gangren, unto the poysoning and corrupting of many, — a danger so much the more deeply to be apprehended, because of the policie and power of the spirit of errour that lies possessed so many in England, the wheels of whose chariots, though at the first they did drive smoothly, yet so subtilly, that they found means almost evrie where in that land to crosse the purposes and bring the persones of such as opposed their evill and sinistrous courses into contempt, and to promot their own designes, and advance these of their own way, wherby they have at last so farre prevailed as to be many in number and great in power. And they being thus numerous 14 JULY] OF GENERAL ASSEMBLY, 1647 293 and diligent, if from those principles of toleration and libertie, and their practises for promoting the same, we did not appre- hend hazard, all wise men could not but account us desperatly secure. It is true that many of those from whom evill is now feared be in a Covenant with us ; yet who knowes not how litle the Covenant is regarded by those, nay, that its looked upon and aimed at as that which is most obstructive unto the advancing of their intentiones and attaining their ends ; neither would any be allured with plausible pretences under whatsoever specious names. The most desperat designes under heaven, not daring at first to appear in their own cullors, have borrowed gracious names, and have been driven on under the shadow of things desyrable and praiseworthy. But we ar not to judge of mens purposes by their pretences, but by their principles and actiones. Therfor having dulie weighed and considered all these things, we do seriously exhort and beseech all men throughout the land, in the bowels and by the autho- rity of Jesus Christ, to be vigilant and instant in prayer and supplication with God, and to stirre up themselves and others unto the right discerning of their danger, and diligent dis- charge of their dutie in their stationes, and according to their places and callings. Wee trust that it shall be the prudence and zeale of these that ar now in place and power to be faith - full in acquiting themselves in evrie dutie, and in tymous per- formance of all those things that may contribute for securing ourselves and encouraging of our brethren in England, accord- ing to the Solemne League and Covenant. And these to whom the Lord hes committed the charge of soules, wee exhort them as brethren to take heed to themselves and to the flock over which the Holy Ghost hes made them overseers, that none arise amongst us to speak perverse things and draw disciples after them, contrary to the doctrin which wee have received, but that the Doctrin, Worship, Disciplin, and Govern- ment of the Church be preserved pure and intire. And because it is just with God to send strong delusiones upon those to be- lieve a lie who do not receive the love of the truth, therfor it can not be but most necessary for preservation of the Gospell and of the ordinances of God in their purity and power amongst us, as to teach and instruct in sound doctrine, so to incite unto 294 PROCEEDINGS OF COMMISSION [14 JULY piety and godlynes, labouring with much earnestnes and care to be blameles in our conversation, to convince the ungodly of all their vngodly deeds, and to reclame them therfra, and to encourage and strengthen these who studie to walk orderly as it becometh the Gospell of Christ, in sobriety, righteousnes, and holynes. And so the Lord shall delight to duell in our land when truth and holynesse shall at once shyne and abound amongst us, and we shall be established in the day of tentation, and enabled to contend for the faith which wes once delivered unto the saints, that it may be transmited sound and intire unto the generationes to come. 1 Eodem die, post meridiem. Sederunt:— Ministers. — Mr. Robert Douglas, Moderator. Mr. James Affleck : Mr. Andro Eliot : Mr. Patrik Flemyng : Mr. Adame Penman : Mr. Robert Traill : Mr. Johne Weir: Mr. Alexander Casse : Mr. James Guthrie : Mr. William Dalgleish : Mr. John Knox : Mr. Patrik Col- vill: Mr. William Colvill : Mr. Johne Hay. Elders. — Laird of Duding- stoun : Lawrence Henryson : James Rughead : Thomas Paterson. This day the draught of the letter to the Synod of Divines being read, wes approven and appoynted to be sent with the expresse to the Commissioners at London, with a letter to themselves, if the expresse go away this afternoon. Folio wes the tenor of the letters to the Synod and Commis- sioners : — Letter to the 4 Reverend and deer brethrex, — The engagement of these Dmnes° f kingdomes in one Solemne League and Covenant wes unto us mater of exceeding joy and refreshing, as promising great honour and happynesse unto this Hand in the present and succeeding generationes, from the precious and pure ordinances of God established in their beauty and perfection after one rule in both lands : And when the Lord wes pleased to lay a faire foundation for a more full Vniformity, by the Directory and the Ordinances of the Parliament for setting up of Presbyteries, our hopes wer strenthned to apprehend a speedy enjoyment of that which we had long waited and much prayed for. It can not therfor but afflict our hearts with many sorrowes to heare of the grouth and increase of sectaries in your land, whose policy and power threaten not only the interruption of the work of God (so that the headstone therof shall not be brought 14 JULY] OF GENERAL ASSEMBLY, 1647 295 forth), but also the overturning of the foundation already laid, and the casting doun of all that lies been built thereupon, with the expense of so much paines unto yow, and sweat and blood unto both nationes. 6 When the noise of these things come into our ears they wer unto us so unexpected and full of wonder, that for many dayes we wer like unto them that dreamed ; and therfor have hitherto delayed to wryt unto yow ; but now, having more seriously considered the condition of affaires with yow, we can not but expresse the sympathie we have of your sorrowes and sufferings, and the compassion of our hearts towards the Church of God amongst yow. Wee shall not insist upon the rise and originall of your evills. We pray the Lord may pardon those who have keept his vineyarde amongst yow so long from being hedged, untill the foxes have come in to destroy the vines, and many woolves have entered to devour the soules of his people. But it grieves us sore to think that that League and Covenant, which wes entered into with so much solemnity and joy in both kingdomes, should be now so litle regarded by many, nay, by some studied to be dissolved as that which is most destruc- tive to their designes, which, as it would expose us as a prey to our common adversaries, so to the vengeance of God, and make us to be consumed one of another. ' And it wounds us deeply on your behalf that, after ye have now been employed for some years in searching the mynd of God from his Word, concerning the way of his worship and order of his house, and have holden foorth the samyn with much evidence of divine light, that all our hopes and your paines should be lost in one day; and that, instead of the tyranny and bloody dominion of praelats, and the guyse of ceremonies and the service-book, you should have a wofull anarchie and toleration thrust upon yow. It is to small purpose to fall in comparison of evills, all being to be rejected and hated as dis- allowed of God, and opposit to that which is good. But we know no evill more contrary to the Word of God, and would prove more destructive to Religion and to the Churches of God then that of toleration and libertie as it is now pleaded for in your land. And, therfor, since the day we heard of these things, as we have been much weighted with the sense of your 296 PROCEEDINGS OF COMMISSION [14 JULY condition, so we have poured furth our supplicationes to God for yow, that vow may not be discuraged, nor faint, nor swerve in the houre of tentation, but that yow may comfort yourselves in the Lord, and be enabled to contend for the faith delyvered to the Saints. 6 Wee know that your tentationes be many, and your difficul- ties great, but the Lord on high is more mighty then the noyse of many waters, then the mightie waves of the sea ; and we ar perswaded that he who lies accounted yow faithfull to put yow into his service will cloth yow with strenth and salvation. ' Wee need not put yow in mynd that ye ar engaged for the truth of God. Yourselves know how it hath conquered and prevailed in our dayes against the learning and wisdome of men ; and yow have not wanted large experiments of light and assistance communicat unto yow from above in all the tract of your former labours, which men of your understanding have (no question) laid up as grounds of encouragement in all future difficulties and straits. It is not we alone, but, as we conceive the Protestant Churches abroad (as hes been long since made known unto yow by publik testimonies from some of them- selves) that ar sensible of your danger, and do beare burthen with yow. And there is reason why a mater of so common interest and concernment to Religion should be owned and resented by all the lovers and professors therof. And therfor it shall be our hearts desire and prayer to God that yow may so carrie yourselves as these upon whom not only the eyes of adversaries, but the eyes of the Churches of God throughout Europ ar fixed, that your constancie and zeale for the truth may be made manifest unto all men to the shame of your enemies and the comfort of your freends."* Subscribed in name of' the Edinburgh, Commission of the Generall Assembly of the 14 Julij 1647. Kirk of Scotland by the Moderator. Direct : To the right reverend the Assembly of Divines in the Church of England. Letter to the ' Reverend and lovixg brethren, — In this day of try ell and a^Londor? 116 " distresse we hav mett frequently heir for acquiting ourselves in our dutie in relation to the present condition of affairs ; but, 14 JULY] OF GENERAL ASSEMBLY, 1647 297 for want of intelligence, have been much retarded in our resolu- tiones. Wee have made our addresse by supplication unto the Committee of Estates, and have written unto the Synod of Divines at some length, which letter ye will be pleased to delyver. We conceive the danger that threatens Religion and the work of Reformation to be verie great ; and if the Synod of Divines can be brought to give any public testimony and declaration of their judgment against sectaries, it would be verie seasonable at such a tyme, if yow who ar upon the place find it expedient to be moved. We shall acquant yow with the progresse of affairs heir as occasion offers, and expect that ye will not omitt any opportunity of giving us an account of the condition of things with yow. So, comending yow to God, we rest, Your affectionat brethren, Edinburgh, The COMMISSIONERS 14 July 1G47. 0F THE Gexerall Assembly. 1 Direct : To their reverend and loving brethren the Commis- sioners for the Kirk of' Scotland now at London. The Commission approves the petition to be presented to the Committee of Estates, and appoynts Mr. William Colvill, Mr. John Oiswald, and Mr. Mungo Law, with the Moderator to present it ; giving them also power to emitt the Declara- tion to publik use, if they find a pressing necessitie. Tenor of the petition followes : — To the right honourable the Committee of Estates the humble petition of the Commissioners of the Generall Assemblie. c Right hoxourable, — Having now many dayes expected full Petition to the di • p , • ,1 p m - Committee of cleere information concerning the progresse oi altairs in Estates. England, and yet finding maters there still caried in so dark and close a way, as that something may be brought foorth, er we be acquainted with it, that may prove verie dangerous to Reli- gion, and hearing that the work of God in that land is not only retarded, but like to be overturned, Therfor it is our earnest and humble desire that your Lordships will be pleased to inquire after the progresse of the work of Vniformity and deale with the Parliament of England for advancing therof, and to be carefull that the Kings Majestie be not involved in new snares 298 PROCEEDINGS OF COMMISSION [26 AUG. unto the hazard of Reformation, and the endangering of him- self and his kingdomes. And because these things ar of great consequence and deep concernment unto Religion, therfor we perswade ourselves that yow will think them worthie of your frequent and serious deliberation ; And we shall not be want- ing with our prayers and supplicationes unto God for your Lordships, that he may furnish yow with such counsell and resolution from himself as may contribut for promoving the ends of the Covenant, unto the honour of his name, and the comfort and safety of his people. 1 The Commission think it fitt now to dissolve, seeing the Assembly is so neir approaching, and not to meet againe except the Moderator find an vrgent necessity. A. Ker. Edinburgh, 26 August 1647, sessio 22 a . 4 The Generall Assemblie, considering that the particulars which speciallie occasioned the dissenting of some brethren from the votes of the Commission of the late Assemblie, vpon the 21 of August 1646, ar for the tyme to come provyded for by the Directiones for secret and privat worshipe and mutuall edification : And considering also that the sentence of the said Commission for transporting a minister to the kirk of Gordoun, vpon the 22 day of the said moneth of August, is not now to tak effect, the planting of that kirk with a minister now goeing on in another way : Therfor the Assembly, in their tryall and examination of the proceedings of the said Commission, is not to examine the said votes and sentence, nor to give any judgment in relation therto. (Signed) Mr. Robert Douglas, Moderator/ 4 The Generall Assemblie, after matur deliberation, do ratifie and approve the wholl Acts and conclusions of the Commis- sioners of the preceeding Assembly for publik affaires now tryed and examined, Declaring that they haue proceeded therin with much zeale, wisdome, diligence, vigilancie, and according to their Commision. (Signed) Mr. Robert Douglas, Moderator."' THE ACTS AND PROCEIDINGES OF THE COMMISSION OF THE GENERALL ASSEMBLIE HOLDEN AT EDINBURGHE IN THE YEIR 1647 THE COMMISSION GRANTED BY THE LATE GENERALL ASSEMBLIE. Edinburgh, ultimo August 1 1647, post meridiem, Sessio 28*. RENOVATION OF THE COMMISSION FOR THE PUBLIK AFFAIRES OF THE KIRK. The Generall Assembly, taking to their consideration that in respect the great work of Vniformity in religion in all his Majesties dominions is not yet perfected (though by the Lords blessing there is a good progresse made in the same), there is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great work : Doe therfore renew the power and comision granted for the publike affaires of the Kirk by the Generall Assemblies held in St. Andrews 1642, and at Edinburgh 1643, 1644, 1645, and 1646, unto the persons following, viz. : — Masters Alexander Casse, Samuel Douglas, Robert Knox, William Penman, James Guthrie, Robert Cuningham, David Fletcher, Robert Lawder, Andrew Stevenson, Robert Davidson, David Calderwood, James Flem- ing, Robert Ker, James Fairlie, Oliver Colt, Patrick Sibbald, Andrew Ramsay, John Adamson, Robert Douglas, William Colvill, George Gillespie, Mungo Law, Andrew Fairfoul, George Lesly, Robert Lawrie, Alexander Spittell, Alexander Dicksone, John Hay, Thomas Vassie, Ephraim Melvill, Patrick Scheill, Alexander Summervaill, George Bennet, Alexander Leving- stoun, Robert Murray, Alexander Rollock, William Menzies, Alexander Ireland, John Friebairn, George Murray, Henrie Guthrie, William Justice, Robert Wright, Henrie Livingstoun, James Hamiltoun, George Gladstanes, Bernard Sanderson, Andrew Lawder, George Rutherfurd, John Levingston, George Hutcheson, John Bell, Heugh Mackaile, John Nevey, Matthew Brisbane, John Hamiltoun, Allan Ferguson, David Dickson, Zachary Boyd, Robert Ramsay, Robert Baillie, James Nasmith, 302 PROCEEDINGS OF COMMISSION [AUG. Francis Aird, Robert Birnie, Thomas Kirkaldie, Evan Cameron, Robert Blair, Coline Adam, George Hamiltoun, Samuel Ruther- furd, Alexander Colvill, John Ramsay, James Martein, William Levingstoun, Thomas Melvill, John Smith, Frederick Car- michaell, Patrick Gillespie, Alexander Moncrief, John Duncan, James Sibbald, Walter Bruce, George Pittillo, Andrew Affleck, John Barclay, Thomas Peirson, William Rait, David Strachan, Andrew Cant, William Douglas, John Forbes, George Sharp, William Chalmer, Joseph Brodie, Alexander Simmer, Gilbert Anderson, William Smith, ministers : and Archibald, Marques of Argile, John, Earle of Crawfurd, Alexander, Earle of Eglin- toun, William, Earle of Glencairne, John, Earle of Cassils, James, Earle of Home, James, Earle of Tullibairdine, Francis, Earle of Buccleuch, John, Earle of Lauderdaill, William, Earle of Lothian, James, Earle of Finlatour, William, Earle of Lanerk, James, Earle of Callendar, Archibald, Lord Angus, George, Lord Brichen, John, Lord Yester, John, Lord Balmerino, James, Lord Couper, John, Lord Barganie, Sir Archibald Johnstoun of Waristoun, Sir John Hope of Craighall, Arthur Areskine of Scotiscraig, Alexander Fraser of Phillorth, Fredrick Lyon of Brigtoun, James Mackdougall of Garthland, Sir William Cockburne of Langton, Sir Andrew Ker of Greinheid, Sir Heugh Campbell of Cesnock, Sir James Levingstoun of Kil- syth, Sir Thomas Ruthven of Freeland, Sir Gilbert Ramsay of Balmayne, John Henderson of Fordell, Walter Dundas younger of that Ilk, Sir William Scott younger of Harden, Sir Lodo- vick Gordoun, Master George Winrhame of Libertoun, Alex- ander Levingstoun of Saltcoats, John Birsbane of Bishoptoun, Sir Robert Douglas of Tilliquhillie, James Pringle of Tor- woodlie, Sir James Nicolson of Colbrandspath, William Ker of Newtoun, William Forbes younger of Lesly, John Kennedy of Carmucks, Robert Arburthnot of Findowrie, Alexander Brodie of Letham, Master Robert Narne, younger of Strathurd, Master James Schoneir of Caskeberrie, James Ruchheid, Laurence Henderson, James Stewart, David Douglas, John Jaffray, George Porterfeild, John Semple, John Kennedy, William Glendinning, Master John Cowan, John Mill, elders : Giving vnto them full power and commission to doe all and every- thing for prosecuting, advancing, perfecting, and bringing AUG.] OF GENERAL ASSEMBLY, 1647 303 the said work of Vniformity in religion in all his Majesties dominions to a happy conclusion, conforme to the former commissions granted by preceding Assemblies thereanent. And to that effect appoints them, or any seventeene of them, whereof thirteene shall be ministers, to meet heer in this city in the afternoone at four hours, and thereafter upon the last Wednesdayes of November, February, and May next, and upon any other day and in any other place they shall think fit : Renewing also to the persons before named the power contained in the Act of the Assembly 1643, intituled, 6 A reference to the Commission anent the persons designed to repaire to the kingdome of England as likewyse the power contained in the Act of Assembly 1644, Session 6, for sending ministers to the Armie. And further, in case delinquents have no constant residence in any on Presbytery, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named full power of censuring complyers and persons disaffected to the Covenant, according to the Acts of Assembly : Declaring alwayes and provyding that ministers shall not be deposed but in on of the quarterly meetings of this Comission ; With full power to them to treat and deter- mine in the matters aforesaid, and in all other matters referred unto them by this Assembly, as fully and freely as if the same were here particularly expressed, and with as ample power as any Comission of any former Generall Assemblies hath had or been in use of before : They being alwayes for their whole proceedings countable to and censurable by the next Generall Assembly. 1 1 We append to this, as to the Act of the previous Assembly, the Act renew- ing the Commissioft for prosecuting the Treaty for Uniformity in England ; 1 The Generall Assembly, taking to their consideration that the Treaty of Uni- formity in Religion in all His Majesties dominions is not yet perfected, Therefore renews the power and commission, granted by preceding Assemblies for prose- cuting that Treaty, unto these persons after named, viz., Master Robert Douglas, Master Samuel Rutherfurd, Master Robert Baillie, Master George Gillespie, Ministers ; and John, Earle of Lauderdaill, John, Lord Balmerino, and Sir Archibald Johnstoun of Waristoun, Elders ; authorising them with full power to prosecute the said Treaty of Uniformity with the honourable Houses of the Parliament of England, and the reverend Assembly of Divines there or any Committee appointed by them ; and to doe all and every thing which may advance, perfect, and bring that Treaty to an happy conclusion, conforme to the Commissions given thereanent.' HE ACTES AND PKOCEEDINGES of the Commission of the late Gexerai.l Assem- blie, hoi den at Edinburgh in the moneths of August and September last 1647. Edinburgh, 1 Septembris 1647, post meridiem. Sederunt: — Ministers. — Mr. David Calderwood : Mr. Samuel Douglas: Mr. James Gutterie : Mr. James Fleeming : Mr. James Fairlie : Mr. Alexander Spittle : Mr. Johne Hay : Mr. Patrick Scheill : Mr. Alexander Livingstoune : Mr. Harie Livingstoune: Mr. Androw Lawder : Mr. George Huehesone : Mr. Hew Mackale : Mr. Zachary Boyd : Mr. Robert Birnie : Mr. Evan Camron : Mr. Colin Adam : Doctor Colvil : Mr. John Smith : Mr. Walter Bruce : Mr. John Barclay : Mr. David Strachan : Mr. John Forbes : Mr. William Chamber : Mr. Alexander Sumer : Mr. John Nevay : Mr. James Marten : Mr, Robert Douglas : Mr. Robert Knox : Mr. Andro Stevinsone : Mr. Robert Ker : Mr. Andro Fairfoull : Mr. Alexander Dickson : Mr. Ephram Melvill : Mr. Alexander Rollok : Mr. William Menzies : Mr. James Hamiltoune : Mr. John Livingstoune : Mr. John Bell : Mr. David Dicksone : Mr. Francis Aird : Mr. Thomas Kirkaldie : Mr. Robert Blair : Mr. George Hamiltoun : Mr. William Livingstone : Mr. Alexander Moncrieff : Mr. Androw Affleck : Mr. Thomas Peirson : Mr. William Douglasse : Mr. George Scharpe : Mr. Joseph Brodie : Mr. John Ramsay : Mr. Alexander Irland : Mr. George Gladstones : Mr. Mungo Law. Elders. — Scottiscraig : Tillquhillie : Strathurd : Caskeberrv : James Ruchhead : David Douglas: John Jaffray : John Mill. Moderatour. After incalling vpon the name of God by Mr. Robert Douglas, Moderatour of the late Generall Assembly, the names of the Commissioners being called and the Commission read, a list was made for choysing a Moderatour, viz. — Mr. Robert Douglas, Mr. Robert Blair, and Mr. David Dickson, and the said Mr. Robert Douglasse was chosen Moderatour of the Commission in all the sessiones and meitings therof. Order for print- The Commission of Assembly appoints the Propositiones of tiones r and S1 Government and Directory of Government 1 to be printed with Directory of Government. 1 Propositions concerning Church Government and Ordination of Ministers ; A Directory for Church Government and Ordination of Ministers ; both printed 4to, pp. 26 and 32, by Evan Tyler, Edinburgh, 1647, and reprinted the same year by Robert Bostock, London. 29 SEP.] GENERAL ASSEMBLY, 1647 305 the titles agreed on, and likwayes that the debeats in the Assembly of Divines in England concerning Toleration, and the papers given in by the Commisioners to the Grand Com- mittee be also printed. The Commission ordaines the brethren of Sutherland and Continuation— Caithnes, commissioners to the late Assembly, to send the vtheres. proofs and evidences of the particular offences wherin they chairge the Lord Rae, his sone and friends, and vther persones contained in the summonds, against the last Weddnesday of November, and appoints the Clerk also to look out that peece wreitten by Mr. Gilbert Gordon, which is a panegyrick for Mr. Gilbert James Graham, which ance come to his hands ; and continues Gordon - the summonds raised against the said persones vntill the said day. The Commission of Assembly vnderstanding that notwith- Lues Gordon . i . P T i * , • i excommunicat. standing oi Lues Gordons L excommunication, dyvers persons do converse with him, Therfor they doe seriously recommend to the Provincial!, of Murray to take notice of such as converse with him, and to censure them accordingly ; And doe also humbly recommend to the Committee of Estates to take some course for puting him in firmance. The Commission appoints their nixt meiting to be in the last Weddnesday of September. Edinburgh, penultimo Septembr'is 1647. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson : Mr. Robert Ker : Mr. Andrew Ramsay : Mr. George Lesly : Mr. Ephram Melvill : Mr. Robert Ramsay : Mr. Evan Cambron : Mr. John Smith: Mr. Alexander Moncreiff : Mr. Robert Lawrie : Mr. David Calderwood : Mr. James Fleeming : Mr. James Fairlie : Mr. Mungo Law : Mr. Thomas Vassie : Mr. Patrick Scheill : Mr. Robert Baillie : Mr. Thomas Melvill : Mr. Patrick Gillespie : Mr. William Colvill : Mr. George Gillespie. Elders. — Lord Marques of Argyle : Lord Advocat : Sir James Livingston of Kilsyth : Walter Dundas, younger of that Ilk : Mr. George Winram of Libertoun : James Ruchhead : James Stewart: George Porterfeild. This day, the summonds of the toune of Glasgow for trans- Towne of Glas- porting of Mr. Patrick Gillespie minister at Kirkcaldie, with |ck GiUespT^ 1 " 1 He was son of the forfeited and excommunicated Marquis of Huntly, and though himself excommunicated, was not, like his father and the Marquis of Montrose, and some others, excepted by Act of the Estates ' from getting pardon or conditions.' 306 PROCEEDINGS OF COMMISSION [29 SEP. Preston and Mr. Thomas Kirkcaldie. Recommenda- tion concerning a Short Cate- chisme. Appointment to speak the Thesaurer for the 500 lib. Comision for examining wit- nesses in the maters betuixt John Wilkie and Mr. Thomas Ram- Say. their reasones, being read, The Commission appoints the tovvne of Kirkcaldie to see these reasones, and to prepair answer therto against the morne after sermon. The Commission continues the mater of the petition of Preston for transporting of Mr. Thomas Kirkcaldie, minister at Karnwath, vntill the 12 of October, at two afternoon, with certification, if the defenders compeare not, the Commission will proceid, and Mr. William Sime, appearing for the defenders, warned heirof apud acta. The Commission, apprehending that the Assembly of Divines in England will not fall vpon the Short Catechisme at this tyme, 1 Doe therfor recommend to the ministers of Edinburgh and Messrs. David Calderwood and Robert Ker, Messrs. David Dicksone, Robert Ramsay, and Robert Baillie, and Messrs. Robert Blair and Samuel Rutherfurd, so soon as the Large Catechisme shall be perfected and sent doune, to draw out of it a short plaine Catechisme for the capacity of the weaker, in caice the Assembly of Divines shall doe nothing in it, and desires Mr. George Gillespie to writ to their brother, Mr. Samuel Rutherfurd, to learne if the Assembly of Divines will take any paines in the Short Catechisme. The Commission appoints Messrs. Andro Ramsay and George Gillespie, with the Moderatour, to deale earnestly with the Lord Thesaurer for payment of the precept of 500 lib. sterling, which his Lordship hes granted in pairt of payment of the arriers of the annuitie granted by his Maiestie. The Commission of the Generall Assembly in the mater referred vnto them concerning John Wilkie of Fouldon and Mr. Thomas Ramsay, minister ther, gives heirby power and commission to Messrs Alexander Casse, John Home of Eccles, Thomas Swinton, Walter Swinton, Samuel Douglas, and James Home, ministers, and the lairds of Swinton, elder, Blacader, and Nynholls, or any four of them, three being ministers, to examine witnesses vpon oath in the said mater, which either of the pairties shall lead and adduce, vpon any of the parti- 1 The Westminster Assembly did prepare a Shorter Catechism as soon as possible after they finished the Larger one, and that, as well as the Larger, was sanctioned by the Assembly of 1648. Rutherfurd's Catechism seems to me to have been prepared before he went up to London in 1643, or soon after, and not in consequence of this recommendation in 1647. 30 SEP.] OF GENERAL ASSEMBLY, 1647 307 culars which either of them layes to others chairge, and that the depositiones be distinctly written and subscribed by the Moderatour for the tyme, and the witnesses themselves if they can writ ; And to this effect their meiting shalbe at Chirnside, vpon the 7 day of October nixt, and therafter they are to appoint their own dyets and place of meiting, with power to them to give out citationes, if need be, for bringing witnesses befor them : And that they make report to the Comission vpon the last Wednesday of November nixt, and either of the pairties shall send advertisment heirof to the other pairtie, that neither of them pretend ignorance. Edinburgh, vltimo Septembris 1647, ante meridiem. Sederunt ut in sessione prcecedenti. The Comission continues vntill 2 afternoon the bussines con- Mr. Patrik cerning Mr. Patrick Gillespies transportation, and appoints GllIas P ie - the parochiners of Kirkcaldie to come prepared with answer to that reason given by the towne of Glasgow vpon the Kings gift and mortification, which will fall, in caice it take no be- gining in Mr. Patricks person, with certification, if they doe not, the Commission will proceid. The Comission appoints Messrs. Andro Ramsay, David Lord Herreis Dickson, Doctor Colvill, and George Gillaspie, to conferre with the Lord Herreis, at afternoon, in Mr. Andrew Ramsays house. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Dowglasse, Moderatour. Mr. David Calderwood : Mr. George Gillaspie : Mr. George Lesly : Mr. Patrick Sybbald : Mr. Robert Ker : Mr. Alexander Moncreiff : Mr. Robert Ramsay: Mr. John Smith: Mr. Robert Lawrie : Mr. William Colvill: Mr. David Dickson : Mr. Thomas Vassie : Mr. James Fairly : Mr. Ephram Melvill : Mr. Patrick Sheill : Mr. Thomas Melvill : Mr. Mungo Law: Mr. James Fleming: Mr. Robert Baillie : Mr. Patrick Gillaspie. Elders. — Argyle : Brechen : Dundas : Kilsyth: Libertoun : Provest of Glasgow : James Stewart. This day the Lord Herries, personallie present, having given Lord Hemes. in a petition desiring to be relaxed from excommunication, The Commission of Assemblie appoints him to give in a particular confession of his offences for which he wes excommunicat, against the 12 of October, And in the meane tyme that he addresse him self to the Presbyterie of Drumfries to conferre 308 PROCEEDINGS OF COMMISSION [30 SEP. Transporta- tion of Mr. Patrick Gillaspie to Glasgow. Provest of Glas- gow's Declara- tion in name of the towne. Mr. Thomas Ramsay, younger, his capacity to the ministerie. Declaration concerning the said Mr. Thomas. with any they appoint, and bring a report from them of their travells with him against the said 12 of October, which being done, they will then take his desire to consideration. Concerning the petition of the towne of Glasgow for the transportation of Mr. Patrick Gillaspie to the ministrie of the Great Kirk of Glasgow, the said Mr. Patrik compearing per- sonally, and the Earle of Dalhousie and the Laird of Bogie, with diverse vthers of the towne and paroch of Kirkaldie, compearing in name of that paroch, and George Porterfeild, Provest of Glasgow, and Mr. George Young and Mr. Hew Blair, ministers there, with divers vthers, compearing in name of the towne of Glasgow, the Comissioners of the Generall Assemblie, having at greath lenth heard both the saids pairties hinc hide, and seriously considered the reasons given in by them for and against the said transportation, after mature deliberation doe find that the said Mr. Patrik should be trans- ported to Glasgow, And therefor hearby transports him to the ministerie in the said Great Kirk of Glasgow, Ordaining him to be admitted actually to that charge, and to remove from Kirkcaldie betuixt this and Candlemes nixt. Becaus the speciall reason moveing the Commissioners of the Assembly to transport Mr. Patrik Gillespie to Glasgow wes to the effect that the Kings mortification of ten chalders victuall for a constant minister to the Great Kirk might be effectuall, which vtherwayes they wer informed would not be valid in law, Therfor George Porterfeild, provest of Glasgow, personallie this day declared and promised, in name of the said burgh of Glasgow, in case the said mortification should not prove valid in law, that the said Mr. Patrik should be secured sufficiently in a stipend equivalent thervnto. The Commission of the Generall Assembly haveing con- sidered the petition of Mr. Thomas Ramsay, younger, referred vnto them by the late Assemblie, Doe find and declare that the said Mr. Thomas is in a capacity for the ministrie in this Kirk, when the Lord shall offer to him a lawfull calling. The Commission of the Generall Assembly doe declare that their preceiding vote, declaring Mr. Thomas Ramsay, younger, to be in a capacitie for the ministrie in this Kirk, is not to be extended to the kirk of Whitsome, in respect of the Act of 30 SEP.] OF GENERAL ASSEMBLY, 1617 309 the late Generall Assemblie of the 25 of August, Session 20, 1 concerning the said Mr. Thomas, and appoints this to be intimat to the Presbytery of Chirnside. Concerning Mr. Thomas Ramsay, younger, his cariage in his Admonition— entrie to and removall from Mordingtoun, The Comission RamIay° maS having; heard Mr. William Colvill (who wes on of the Com- younger, mittee appointed by the late Assembly to consider that mater) make a verball report therof in so farre as his memorie served him, doe admonish the said Mr. Thomas that he do not carry himselfe in that maner in any tyme heirafter. This day the Clerk produced letters from the Commissioners at London ; Tenor wherof folio wes : — 4 Rtght honourable and right reverend, — Wee delivered Letter from the the Declaration 2 of the Generall Assembly to the Grand Com- at London. r mittee, wher it wes read, and by a vote of that Committee ordered to be transmitted to both Houses of Parliament and the Assembly of Divines. Wee also, by ane order of the same Committee, transmitted to both Houses a paper, a copie wherof is heir inclosed, craving ane answer of another former paper, dated December 25, expressing more fullie our earnest desires for carying the so much expected work of Vniformity to some happy issue and conclusion. The Assembly heard the Declara- tion read with much attention and tendering of thanks to the Kirk of Scotland. But neither the Declaration nor our other paper hath yet been read in either Houses, though they have been in their hands since the 14th of this instant. ' As wee could not find a fitt opportunitie, so considering the pregnant reasons tendered to ws by our friends (which wee cannot conveniently now expresse), wee much doubt of the ex- pediency of delivering the Declaration to the Common Counsell of London in this exigencie of affaires, but shall remitt to your wisdome what further yow shall command us therin. 6 The Assembly goes on in a review of the Catechisme. Wee 1 The title of one of the unprinted Acts of this session of the Assembly is, ' Query proposed by the Commissioners of the Presbytery of Chirnside, with the Assembly's advice thereanent.' 2 A Declaration and Brotherly Exhortation of the Generall Assembly of the Church of Scotland met at Edinburgh, August 20, 1 647, to their Brethren of England, included among the printed Acts of Assembly, and printed separately 4to, pp. 22, by Evan Tyler, Edinburgh, 1647. 310 PROCEEDINGS OF COMMISSION [30 SEP. ar confident no thing can more prevaile for the crowning of this work and frustrating of the counsells of the adversarie, then the vigorous, reall, and constant adhering of that Kirk and Kingdome to the cause and Covenant of God, which wee know is the ayme of all the godly there, the rejoycing of the well- affected here, and the earnest desire and prayer of Your loving brethren, Worcester House, & c Subscribitur the 21st of September 1647. Lauderdaill, Samuell Rutherfurd." Direct : For the right reverend the Commissioners of the Generall Assembly of the Kirk of Scotland, Paper given by 6 Forasmuch as the honourable Houses have by the good hand sioners?othe °^ ma( ^ e some desirable progresse in setling of Religion, Houses. and have oft declared that their reall intentions are, and care shall be, to endevour the Reformation of Religion and the nearest Vniformity in Confession of Faith, forme of Church Govern- ment, Directory of Worship and Catechising, togither with the extirpation of haeresie and schisme, according to the Cove- nant; and the hopefull foundation of so glorious a building layd did much refresh the Reformed Kirks of Christ abroad, and more particularly the Kirk of Scotland ; and the setling of Religion wes judged by both kingdomes to be an aboundant reward of all that we can doe or suffer in this cause of God, W ee could not but represent (as wee have often done) our strong and hartie desires, that all possible care may be taken to expe- dite the begunne Reformation, to supply what is wanting, and to perfect the whole work. So now, at the speciall command of the Generall Assemblie of the Kirk of Scotland, wee earnestly desire ane answer to a fuller paper, more largely representing our sense of Religion, delivered vpon the 25th of December last to the Lords, Commons, and Divines appointed to receave papers of that kynd, which wes by them transmitted to both Houses of Parliament ; The returne wherof we expected by a second paper given in to the same effect, the 17th of July last, by the Commissioners of the Kingdome of Scotland at the com- mandement of that Parliament ; so are wee now still waiting for it these eight moneths and above, but received no answer, and can returne no satisfactory account therof to the Kirk of Scot- 12 OCT.] OF GENERAL ASSEMBLY, 1647 311 land. Therfor wee, from our apprehensions and too apparent feares of a more dangerous alteration of Religion, then wes befor wee entred in Covenant for Reformation, by reason of a pretended liberty of conscience, and the more then ordinary abounding of haeresies, blasphemies, and schismes throughout the whole kingdome ; from the religious sense of that oath of God which the three kingdomes did swear with hands lifted vp to the Most High ; for the satisfieing of our consciences and our owne exoneration are necessitat to renew our earnest desires the thrid tyme for ane answere from the honourable Houses to that paper.'' 14 September 1647. The Comission thinke fitt that their nixt meeting be heir Nixt Meeting, vpon the 12 October nixt, and that the brethren present adver- tyse their brethren absent of this diet. Edinburgh, 12 Octobris 1647. Sederunt: — Ministers, — Mr. Robert Dowglasse, Moderatour. Mr. Mungo Law: Mr, Johne Nevay : Mr, Colin Adam: Mr. Robert Ker : Mr, Robert Lawrie : Mr. James Nasmith : Mr, Thomas Kircaldie : Mr. Walter Bruce : Mr. John Hamiltoun : Mr. Patrik Sheill : Mr. Patrik Gillaspie : Mr, Oliver Colt : Mr. Robert Baillie : Mr. George Gillaspie : Mr. David Dickson : Mr. James Guthrie : Mr. George Rutherfurd : Mr. James Flemyng: Mr. James Fairlie : Mr. Ephram Melvill : Mr. Francis Aird : Mr. George Hamiltoun : Mr. Hew Mackaill : Mr. John Bell : Mr. William Colvill : Mr. Andrew Fairfull : Mr. Zacharie Boyd : Mr. David Calderwood : Mr. Andrew Ramsay. Elders. — Scotscraige: Dundas : Libertoun: Caskeberrie : John Mill, This day Messrs. David Dickson, William Colvill, James Guthrie, and Dundas appointed to consider of the present dangers to this Kirk, especially if the Army shall disband, and to draw vp the particulars, with their opinions, and bring the same to the Moderatour. This day a letter from the Commissioners at London read ; Tenor wherof followes : — 'Right honourable and right reverend, — The Assembly of Letter from Divines having ended the Catechisme, doe now reveiw the whole a^Lo^doru^ in a full Assembly. Wee hope it shall shortly be closed. Neither of the Houses of Parliament have the Declaration of the Generall Assemblie, nor is it probable (as wee are informed) they shall take any further notice of papers coming from ws 1 Minutes of Westminster Assembly, p. 483, session 932. 312 PROCEEDINGS OF COMMISSION [12 OCT touching Kirk bussines, as affaires now stand. For our part wee so much value the authoritie of that Kirk, as the truly godly doe heare, (who wer indeed much refreshed when they read so faithfull a testimony to the truth of Jesus Christ against the many haeresies and errors of the tyme) that, after advice had with our most reall friends, wee humblie conceaved the delyverie of that Declaration to the Common Counsell of London, at this juncture of tyme, but a prostituting the authoritie of that Venerall 1 Assembly (which is dear to ws) to the contempt of men, especially considering these of that judicature that are reall and zealous for the work of Reformation, and most constant in adhering to the Covenant maid with God, wer vnder censures, and diverse of them since that tyme committed, 2 and many indifferent, fearfull, or averse to Reformatioun ; And being told the issue of our appearing therin wold be no other but some publick indignity offered to our Kirk, and rendering of that Court vncapable of receiving letters or papers from the Kirk ane 3 Ordinance of Parliament, without giving ane accompt therof to the Houses, and the making of our best friends more obnoxious to the jealousies and hatred of such as cary maters according to their owne lust. Wee therfor humblie crave to know your mynde, and what ye will command ws further to doe therin. Trusting that the endevours and labours of the Kirk of Scot- land shalbe a hopefull foundation of a glorious Reformation, when the Lord shall in his good providence make a revolution of affaires here ; a testimony in the eyes of all the Reformed Kirks ; and your labours in the Lord shall not be in vaine, but vsefull to the generations not yet borne, which is the desire, and shalbe the prayer of, Your loving brethren, Worcester House, Sic subscribitur, Lauderdaill, the 28th of September 1647. Samuell Rutherfurd. 1 Direct : For the right reverend the Commissioners of the Generall Assembly of the Kirk of Scotland. ^aL'pStatfo? 6 ' Concerning the petition and sumonds of the parochiners of ?/ Mr : Thomas Preston for transporting Mr. Thomas Kircaldie, The Commis- Kircaldie to Preston. 1 That is, Venerable. 2 The Lord Mayor and four Aldermen had been so. 3 Probably ' by ' should be inserted before ' ane.' 13 OCT.] OF GENERAL ASSEMBLY, 1647 313 sion of Assembly, having heard and considered the reasons given in be Sir Alexander Moreson of Prestongrainge, Mr. Andro Marjoribanks, and Thomas Home, in name of the said parochiners of Preston, for his transportation, together with the answers therto, and the reasons given in by the said Mr. Thomas personallie present, and the Earle of Carnwath and others, in name of the parochiners of Carnwath, against his transportation ; and finding that, in respect of the said Mr. Thomas his bodilie infirmitie and sicknes, he cannot be trans- ported from Carnwath to Prestoun ; Therfor, according to the power comitted to them by the late Assembly, doeth refuse the said desire of the parochiners of Preston. The nixt meeting the morne at eight hours. Edinburgh, 13 Octobris 1647. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson : Mr. Robert Blair : Mr. James Flemyng : Mr. Robert Baillie : Mr. Ephram Melvill : Mr. George Rutherfurd : Mr. John Nevy : Mr. Andro w Ramsav : Mr. David Calderwood : Mr. James Guthrie : Mr. Robert Ramsay": Mr. Robert Ker : Mr. Patrik Sheill : Mr. John Bell : Mr. John Hamiltoun : Mr. Zacharie Boyd : Mr. James Nasmith : Mr. George HamUtoun : Mr. Walter Bruce : Mr. John Adamson : Mr. Mungo Law : Mr. Francis Aird : Mr. Colin Adam : Mr. Patrik Gillaspie : Mr. Oliver Colt : Mr. Andrew Fairfoull : Mr. Robert Traill. Elders. — Argyle : Crawfurd : Cassills : Balmerinoch : Cowper : Barganie : Arthur Areskein : Gartlan : Dundas : Sir Lues Gordoun : Libertoun : Caske- berrie : George Porterfeild : John Mill. Concerning the petition of Mr. Thomas Ramsay, minister at John Wilkie Fouldon, this day presented, The Commissioners of the Generall Thomas Assemblie think it fitt that the witnesses to be led betuixt J^^' t John Wilkie of Fouldoun and the said Mr. Thomas salbe Fouiden.' examined by them selfes here in this towne, and therfore the Commission granted in September last is not to have effect after advertisment shalbe given heirof to that Comission, and appoints this to be intimat to the said John Wilkie. This day the Moderator produced a draught of a Remon- strance to the Comittee of Estates which, in the opinion of the brethren appointed yesterday for the purpose, wes necessary to be made, that the dangers to Religion and this Kirk from within and from without, if the Army shall be disbanded, may be humbly presented to their Lordships. Tenor of the Remonstrance followes : — 314 PROCEEDINGS OF COMMISSION [13 OCT. ' To the right honourable the Committee of Estates the Humble Remonstrance of the Coinissioners of the Generall Assembly. Remonstrance ( As there hath been very lately a publike and solemne thanks- of Estates" 66 gi vm & f° r * ne great mercies and deliverances which God hath wrought for this nation after he had brought it very low, so the dangers which are interwoven with our deliverances are very great, and still growing greater and greater. This also cometh forth from the Lord of Hosts, who is wonderfull in counsell and excel- lent in working, that we may not be secure or thinke that all our stormes are overpast, but may serve the Lord in feare and reioyce in trembling, and be the more stirred vp to watchfulnesse, circum- spection, and zeal, in all the duties which the condition of this tyme calls for. ' Wee, therfore, in the discharge of that great trust which is comitted to ws, and according to the duty of watchmen set vpon this watch-towar, cannot be silent in a time of so great danger, but hold it incumbent to ws humbly and faithfully to report and remonstrat to your Lordships that the dangers of the true Reformed Religion and cause of God in this whole Illand were by the late Generall Assembly their Declaration, communicated to your Lord- ships, discovered to be in many respects so great and so imminent as might justly minister occasion to your Lordships in your wisdome to thinke of some more effectuall meanes and remedies for pre- venting or removing such dangers, although they could not now be aggravated by any new emergents ; Nevertheles, we have too great cause to conceive that the dangers of Religion ar now growen greater then they were at the tyme of the Generall Assembly. f And even since the tyme of publishing your Lordships Act con cerning the disbanding of the Armie in this kingdome, the wise and mervellous providence of God is making answer and pro- claiming aloud in both our eares that the danger is become greater and more imminent, for the waters of the present deluge are growen many cubits higher since that time : For evidence wherof the Kings Majesties late answer to the Propositions of both kingdomes may be instead of many demonstrations. It is our great griefe that wee have cause to say so ; but we must speake to the matter as it is, and vnlesse we would shut our eyes we cannot but behold in that answer a threefold growing danger to Religion. For, first, his Majestie professeth that, as when the Propositions were offered to him at Newcastle, he could not agree 13 OCT.] OF GENERAL ASSEMBLY, 1647 315 to some of them without violation of his conscience and honour, so neither can he agree to others of them now, conceiving them more disproportionable to the present condition of affaires, then when they wer formerly presented to him, as being destructive to the principall interests of the Army. So that his Majesties dis- agreeing being now more inlarged and of a greater latitude then befor, if his Majesties former answer to the Propositions was justly conceived to be vnsatisfactory in point of Religion, this last doth much lesse satisfie ; for although his Majestie did not in his former answere agree to the Covenant and other materiall Pro- positions concerning Religion, yet ther was in that answer some part of satisfaction even to the Propositions concerning Religion ; wheras in the late answer even that part of satisfaction is by the foresaid expression unsettled instead of being adhered vnto. We shall passe that clause in the answer which owneth the interests of the Army so far as to preiudice the more publike interest of both kingdomes in those Propositiones agreed vpon after mature deliberatione by both Parliaments. e Secondly. His Majestie, waving the Propositions of both king- domes, and pressing the proposalls of the Army to be the subiect of a treaty, doth yet further encrease the danger of Religion, seeing those proposalls, as they omit and abandon the former desires of both kingdomes in point of Religion, so they cannot avoid (as the words stand) the continuing of prailacy, the tolera- tion of haeresies and sects, and the taking away of the Ordinance injoyning the taking of the Covenant, as is more fully expressed in the Declaration of the late Generall Assembly. * Thirdly. His Majesties answere doth also divide that joynt and common interest of both kingdomes in the Propositions which was formerly the ground of a joynt treaty of both with his Majestie. Hereby (whatever may be the prejudice otherwise), surly Religion will suffer not a little, forasmuch as the Propositions concerning the Covenant of the three kingdomes and the Vni- formity between them in Religion are by this meanes in effect excluded from the Treaty, the joynt desires and common con- cernments of the kingdomes in point of Vniformity in Religion being no part of the subject of a treaty with either kingdome severallie, but of a treaty with both joyntly. * Yet his Maiesties answer to the Propositions is not the only danger to be now looked upon in this businesse, for, even since that answer was given, this common cause and Covenant hath 316 PROCEEDINGS OF COMMISSION [13 OCT. been yet further weakened and dangerously wounded by the late strong endevours in England to move the Parliament to establish by their authority a toleration of sectaries, and to slight and lay aside such of the Propositions of peace as concerne the Covenant and the joynt interest of the kingdomes in Religion. It addeth grief to our sorrow that we have cause to mention the new per- secutions raised there, by meanes of the sectaries, against diverse who have been zealous and active for the good of Religion, King, and Kingdomes. Yea, they, who plead so much for libertie of conscience to them selves, allow so little of it to others, who differ from them, that they can now make vp a charge either of con- structive treason or of high crimes and misdemeanors against them, for such particulars as doe vpon the matter amount to no more but zealous endeavours in opposing the way of the sectaries. Neither common sense nor Christian sympathie can suffer us to conceive that the cause of Religion is in no greater danger then before, when persecution is growing daily more and more hote against such as have most appeared against or endeavoured to hinder the late unsufferable exorbitancies of the sectaries. e While the danger of Religion is thus increased abroad, we can not say that 'tis growen any whit lesse at home, but rather greater. For beside the dangerous influence which the growing power of the enemies of the Covenant in England is like to have vpon this kingdome, the malignant faction at home hath not so much decreased in profession as increased in design and practise against this cause and Covenant. Surely they who are disaffected in this nation, being many, are as malicious as before, when very shortly after the expedition into England perceiving no force within the kingdome to resist them, they took armes and disturbed the publike peace. And if they were so ready to stir when that Army wes but out of the kingdome, how much more if it shall be dis- banded ? Some enemies are still in the fields and in actual rebellion within this kingdome, and there is too great cause to fear that many others, who retaine their former principles and continue in their former designes against this cause, shall not be slow to take vp armes if your Lordships lay them down. ' And so much the more may this be expected, because, as their pride and insolency is of late growen more intollerable vpon the hopes of disbanding the Army, so their are many of them enraged as beeres robed of their whelps, or as wolves of the evening, being also desperate of mending their broken estates, except it 13 OCT.] OF GENERAL ASSEMBLY, 1647 317 be in publike combustions ; Vthers of them are animated and emboldened by the greate favour and indulgence which hath been shewed towards them in their delinquencies, in so much that they are therby hardened from repenting of their rebellion or complyance with rebells, and even blesse them selves for a better lot, easier yoke, and lighter burden, then those who have been most reall and active for the Covenant. ' These dangers of Religion we have insisted vpon as being most proper for ws to speak to ; and not as we wer insensible of the great danger of the Kings person and monarchicall government, for preserving of which, according to our Covenant, our prayers and best endeavours shall not be wanting. And now the danger of Religion in all these being so great, and the grounds of our fears and apprehensions being so pregnant, we earnestly beseech and humbly obtest your Lordships in the bowells of Jesus Christ, and by the vowes of God which are vpon yow, that, as your Lordships desire God, and your owne consciences, and the posterity may not afterward charge vpon yow the ruine of Religion, King, and Kingdomes, so your Lordships may be very tender and conscionable that no such designe be entertained or get place among yow as tendeth to the disabling of this Church and kingdome from an effectuall prosecuting and promoting of the ends of the Covenant, or to the strengthning and inabling the enemies thereof, by affording them the opportunity which they wait for, to disturbe againe the peace and to destroy the present Reformation. These and no better effects can be looked for if the Army in this king- dome, which hath been so blessed of God and so faithfull to yow, shall be disbanded before this cause, which so much concerneth the glory of God, the reformation and defence of Religion, the peace and safety of the kingdomes, the honour and happines of the King, be settled vpon a firme foundation. c In this our humble desire we are not byassed with any respect to any particular party or interest. Our witnesse is in heaven and within our owne brests that we speake for the interest of Religion and of the cause of God ; Neither doth that which we desire tend to a new war, but to the preventing of a new war ; nor to the encreasing of burthens on the kingdome, but to the preventing of greater burthens : Nor is it our desire alone, but many others are equally sensible with ws of the great danger which may accrue to this cause from the disbanding of that Army. It is not vnobserved that most of those, who are active for the laying downe of armes, 318 PROCEEDINGS OF COMMISSION [14 OCT. are such as were against the taking vp of armes in this Cause. However, since ther can be no assurance in humane reason that the kingdome shall need no army, we humbly offer it to your Lordships most serious thoughts, how far a new state of the question, setting aside the Covenant, (which some late debates both here and in England give us cause to feare,) and the raising or imploying of another army (which we also apprehend and expect, if this Army were once disbanded), may be prejudiciall and destructive to this Cause and Covenant, for which this nation hath done and suffered so much. ' Having thus discharged our consciences, we humbly leave all this to be well weighed by your Lordships, and we pray the Lord himself to guide your Lordships counsels, that yow may be like the wise men of Issachar, having vnderstanding of the times what Israel ought to do, and what they ought not to do.' The Commission having seriously considered, the said Re- monstrance, Doe vnanimously approve the same, and appoints the Moderatour and Messrs. David Calderwood, David Dick- son, John Adamson, Robert Blair, and Andrew Fairfoull, Greanhead, Dundas, Sir Lues Gordon, and Liberton, to pre- sent the same to the Committee of Estates, and therafter ordaines the Clerk to cause print the same. The nixt meeting the morne after sermon. Edinburgh, 14 Octobris 1647. Sederunt: — Ministers, — Mr. Robert Douglas, Moderator. Mr. David Calderwood : Mr. David Dickson : Mr. Robert Baillie : Mr. Andrew Fairfoull: Mr. William Colvill : Mr. Patrik Gillaspie: Mr. James Guthrie: Mr. George Hamilton: Mr. John Hamiltoun : Mr. James Fleemyng : Mr. Hew Mackaill : Mr. Ephram Melvill : Mr. Colin Adam : Mr. John Neve : Mr. Andrew Ramsay : Mr. Robert Blair : Mr. George Gillaspie : Mr. Mungo Law : Mr. David Fletcher : Mr. Robert Wright : Mr. Robert Traill : Mr. George Rutherfurd : Mr. Robert Ker : Mr, Francis Aird : Mr. Robert Ramsay : Mr. Zachary Boyd : Mr. Patrik Sibbald: Mr. John Bell: Mr. Patrik Sheill. Elders. — Sir Lues Gordon: Dundas : Libertoun : Caskeberrie. The Commission appoints Messrs. Mungo Law and Andrew Fairfoull to speake to the Leivtennent Generall concerning the house of Dalgety, that he may cause apprehend and secure the persons of the vile rebells their. The Commission appoints the letter following, in the behalfe of James Murrayes children, to be sent to Presbyteries : — 14 OCT.] OF GENERAL ASSEMBLY, 1647 319 6 Reverend and loving brethren, — Since it hath pleased Letter to Pres- the Lord to call James Murray to his rest, it is our earnest cern[ng James desire that vow be cairfull to satisfie his children in the bygone Murrayes . dewes rests of that allowance which wes granted to him by the Assembly, as also for this present yeare, sieing he hes left order with a young man, Patrik Dickson, writer, known to ws, to cause doe that service, and receive in the money to the behoofe of his children. He hes also given band to the printer for the Directions for worship 1 and other papers, which now are or heir after shall be sent vnto yow. Therefor yow must not faill to prepair the pryces of them, and send the same to the said Patrik Dickson, wha wrytts in Mr. John Skeens chalmer, against the day of nixt, and for the Directions we doubt not but yow will be cairfull that every family take one of them. What more yow shall need of them nor are sent, yow may have vpon advertisment. This we doe seriously recommend to your cair, remaining, Your loving brethren, Edinburgh, The COMMISSIONERS 14 October 1647. of the Generall Assemblies The Commissioners doe againe appoint the brethren before- Appointment of named, viz., the Moderator, with Messrs. Androw Ramsay and gpeak^the 0 George Gillaspie, to deall earnestly with the Lord Thesaurer Thesaurer for for present payment of 500 lib. sterling, in part of the arrears 5 °° 1 dew of the annuitie granted by his Majestie to the Kirk, wherof his Lordship hes granted a precept vpon the receivers, and to shew his Lordship the necessity for some publick affaires of a present advance therof. The Commission appoints Messrs. David Calderwood, George Committee for Gillaspie, David Dickson, Robert Baillie, Robert Blair, Johne ^^^^ Smith, Androw Fairfoull, Mungo Law, Andrew Ramsay, Wil- materials for liam Colvill, and Archibald Newton, with the Moderatour, to a lstone ' consider what course is to be taken for making a history of thir late tymes, of the persons fitt to that purpose, of the maner of collecting materialls, the method of the work, and everything conduceable ther vnto, and to report. 1 Directions of the Generall Assembly concerning secret and private worships etc., 4to, pp. 15, printed by Evan Tyler, Edinburgh, 1647, and very widely circulated. 320 PROCEEDINGS OF COMMISSION [14 OCT. Recommenda- tion to Presby- terie of Edin- burgh. Recommenda- tion to Presby- terie of Edin- burgh. Concerning the scandalls of some malicious speaches spoken against one of the ministers of this towne for preaching against spareing of malignants and other corruptions, The Commission of Assemblie refers and recommends to the Presbyterie of Edinburgh the tryell of the mater and the censure therof accordingly : Referring and recommending also to the said Presbyterie the tryell and censur of the author of these railling and reproachfull verses against the Cause, and against a ministers preaching for the same, which are now dispersed through the towne, and that they report diligence heirin to this Comission. The Comission of Assemblie refers and recommends to the Presbytery of Edinburgh to try whether any of the ministers of Edinburgh have been silent in the publick cause, or if any of them have spoken anything against the cause and the pub- lick proceidings therin, and to make report of their diligence heirin to the Commission. The meiting afternoone. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. George Gillaspie : Mr. Robert Baillie : Mr. John Neve : Mr. Robert Ker : Mr. James Guthrie : Mr. Hew Mackaill : Mr, Ephram Melvill : Mr. James Fleemyng : Mr. David Dickson : Mr. Androw Fairfoull : Mr. Robert Ramsay : Mr. David Fletcher : Mr. Robert Traill : Mr. Colin Adam : Mr. James Nasmith: Mr. Walter Bruce : Mr. Francis Aird: Mr. Patrik Gillaspie. Elders. — Arthur Erskin : Balmain : Libertoun : Dundasse. The Commission appoints the petition sent from Drumfreis and Stranrawer against the disbanding of the Army to be given to the agent, to be made vse of at the Committee, as occasion shall offer. The Commission of Assembly recommends to the ministers terrEdintmrgh °f Edinburgh t to have conference amongst themselves, and to agree vpon a comon way for advancing the Cause, and for apply- ing them selves, in their sermons and in other dewties of their calling, vniformly against the corruptions in the tyme, accord- ing to the Act of Assembly. The Commission appoints Messrs. David Dickson, George Gillaspie, and James Guthrie, with the Moderatour, to thinke vpon a way of keeping correspondence with Presbyteries for intelligence. Recommenda- 15 OCT.] OF GENERAL ASSEMBLY, 1647 321 The Comission appoints letters to be sent to Presbyteries (with the Remonstrance presented to the Committee), for making the people sensible of the danger of Religion, as also for diligent proceiding against malignants in their bounds ; and, if their be any malignants overawing them, to give knowledge to the Comission thereof that they may proceid against them. The nixt meiting the morne after sermon. Edinburgh, 15 Octobris 1647, ante meridiem. Sederunt ut in sessione proccedenti. The Comission appoints the Moderatour and Messrs. Robert Blair, David Dickson, George Gillaspie, and Mungo Law, with Dundas, Libertoun, and Caskeberrie, to goe to Generall Major Middeltoun and give to him hartie thanks, according to the appointment of the late Assembly, for his good service in the publick cause. The nixt meiting at 4 after noone. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. George Gillaspie : Mr. Colin Adam : Mr. Patrik Gillaspie : Mr. George Hamil- toun : Mr. Robert Lawrie : Mr. Robert Baillie : Mr. Robert Blair : Mr. David Dickson : Mr. John Bell: Mr. HewMackaill: Mr. James Guthrie : Mr. George Rutherfurd : Mr. Zacharie Boyd : Mr. Robert Ramsay : Mr. James Nasmith : Mr. Frances Aird. Elders. — Balmain : Greanhead : Dundas : Libertoun : Caskeberrrie. The Comission approves the letter for Presbyteries ; tenor whereof followes : — ' Reverend and beloved brethren, — As wee have by our Letter to Pres- Remonstrance to the honourable Committee of Estates repre- b y tenes - sented the great and imminent dangers of Religion, desiring that, as things stand, the Army might not be disbanded ; so we have thought fitt to communicat this our Remonstrance to yow that yow may be the more able to satisfie others, (if any doubt) what wer the grounds of our desire ; and to make all vnder your charge sensible of the dangers of Religion from abroad or at home ; remembering also in your prayers those that suffer in England for the Cause and Covenant. And now, it being concluded by the honourable Committee that the question concerning the disbanding of the Army shalbe referred to the Parliament, wee recommend vnto yow, that, as all possible wayes x 322 PROCEEDINGS OF COMMISSION [15 OCT. are studied for lessening and easing the burthen of the Armies maintenance, so yow may publickly and privatly exhort people to be content with such necessary burthens, without which the Army cannot be maintained : And that with all, according to your place and calling, yow take speciall caire, and vse your best endevours that such officers and souldiers, as are or shall be quartered in your bounds may cary them selfes inoffensively, and so as to give no just cause of complaint to any. And because the Generall Assembly hath left the tryall and censure of malignants to the severall Presbyteries, as a work propper to them in ordinary cases, withall comitting to ws the censure of such persons, in case the Presbyteries neglect to doe their dewtie or be overawed, or in case the delinquents have no certaine residence, therfor we desire yow to make known to ws your diligence in the tryall and censure of such persons, that we may know yow have not been negligent heirin ; and if their be in your bounds any malignants or complyers with the enemie, who either have no certaine residence, or by their power labour to overawe yow, we expect yow will give ws notice of such caices, that we may take order therin. So, looking for your answer, we commend yow to God, and rest, Your loving brethren, Edinburgh, The Commissioners 13 October 1647. of the Gexerall Assembly.' The Comission appoints the persons befor named, for goeing to Generall Maior Middeltoun, to goe also to the Generall and the rest of the generall officers in towne, to thanke them for their painfull and faithfull service in the Cause, and to desire them to be cairfull that the common souldier cary them selfis piously, soberly, and orderly now, seing they are yet keeped on foot, that the countrey have no cause to complaine of them, and that they make them answerable to discipline in the congregations where they quarter for the tyme. The Commission appoints a letter of thanks to be sent to Stranrauer, and the brethren appointed by the Synod of Drum- fries to receive answer of the Synods letter, for the cair of the said Presbyterie and Synod in foreseing the present danger, in caise the Army should have disbanded, and to send them the Remonstrance presented to the Committee. Brethren appointed to speak the Generall. Stranrawer Drumfreise. 15 OCT.] OF GENERAL ASSEMBLY, 1647 323 The Comission thinkes it fitt that some course for intelligence intelligence, with Presbyteries be thought vpon againe the nixt meiting, and that solid order be then set doune for that purpose. The Comission thinkes it very necessar that the brethren in Irland receive information of the condition of affairs heir, and that the Remonstrance presented to the Committee be sent vnto them, and therfore appoints the letter following for their incouragment and for their further information and warning, to prevent dangers there, to be sent vnto them. 6 Reverend and beloved brethren en the Lord, — As our Letter to soules desire is that the Gospell in these parts, by Gods bless- i^and?* 1 " ing vpon your faithfull laboures, may flourish and bring furth fruit aboundantly ; so we thinke it incumbent to ws, being met for the publick affaires of the Kirk within this land, to acquaint yow with the present posture of affaires heir ; as also to stir yow vp to watchfulnesse in this dangerous tyme, wherin Satan and his instruments are not asleep. Ye are not ignorant, deare brethren, how boldly the seduceing spirit walks abroad in England, and how little, or rather no controlment, the licen- siouse liberty of contradicting all the pretious truths both of law and gospell hath hithertill had in that kingdome. In this land, by the grace of Christ, we shall be cairfull that no such taires be so wen or take roote. But, considering how great influence the kingdome of England hath vpon Irland, we cannot but be affrayed for our litle sister there, least the Anti- nomian or Annabaptisticall leaven spread among yow. There- fore wee exhort yow, in the name of our Lord Jesus, to watch against these and the rest of the wicked errors which assault the gospell at this tyme. Let the people of God there be weill grounded in the trueth, and let the vylnes of these absurd errors be plainly and pithily manifested. Whoever comes from these parts where that infection abounds, let them be cairfully headed and by conference diligently tryed, that so, if neid be, their company may be avoided. We also exhort yow, dear brethren, to keip good correspondence with the army there, sieing they are scarse of ministers to attend them. Wherever they have any randevouse, or wher officers meitt for publick consultations, it wer fitt some of your number be present to blesse their meitings, consultations, and proceidings. We will expect still 324 PROCEEDINGS OF COMMISSION [2 NOV. good things of them, sieing there are there not a few officers that feare the Lord ; and we hope the General Maior will still abound more and more in that constant zeale and fldelitie wherof we have had so great evidence and experience. The faithfull and well-governed Army, through whose successfull vndertakiogs, by the blessing of God, our wicked enemies in this land are neare crushed, wes almost disbanded. But the danger wherin Religion is, both from malignants within and sectaries without the land, being discovered in this our Remonstrance (which here we send to vow), the Comittee of Estates saw reason enough to keip up the Army without any diminution of their number. Let ws heare from vow from tvme to tvme, as we shall be readie to entertaine vow with the like. Remaining alwayes, Your loving brethren in the comon service of our Great Master. The Commissioners OF THE GeXERALL ASSEMBLY.'* Edinburgh, 2 Xovcmbris 1647, post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas. Moderatour. Mr. Andrew Ramsay : Mr. Thomas Vassie : Mr. Alexander Dickson : Mr. James Fairly: Mr. Alexander Livistoun : Mr. James Fleeming- : Mr. Ephram Melvill : Mr. George Lesly : Mr. William Colvill : Mr. Patrik Sibbald : Mr. John Adamson : Mr. David Calderwood : Mr. Alexander Spittle : Mr. John Hay : Mr. George Bennet : Mr. Robert Ker : Mr. Patrick Sheill : Mr. George Gillaspie : Mr. Mungo Law : Mr. Oliver Colt : Mr. Andrew Fairfull : Mr. Robert Davidsone. Elders. — Yester : Libertoun : James Steward : Lawrence Henderson : John Mill. This day the brethren in towne at the Synod of Lothiane being; mett. the letters following from the Commissioners at London wer read : — Letter from 4 RlGHT HONOURABLE AND RIGHT REVEREND, As before we atTondon. 16 ' 5 wrot that the Houses had not so much as read the Declaration of the Generall Assemblie, nor any of our last three papers, transmitted to them by the Grand Committee, concerning the perfecting of the Government, especially touching Kirk Censures and Excommunication ; so now we cannot but give vow notice of their laving aside the Confession of Faith (in the ratifying wherof they had made once some litle progresse), 1 and of com- 1 This applies only to the House of Commons, for as already stated, the House of Lords had passed the whole Confession. In its ultimate shape, at any rate, it was not the Thirty-nine Articles as a whole and in their old form, but the first 2 NOV.] OF GENERAL ASSEMBLY, 1647 325 mitting their Thretty-nyne Articles as a rule and standard, according to which they now take to their consideration the ease of tender consciences : As also that both Houses have given harty thanks to some sectaries of London who petitioned that so many gifted men as please, being approven by such moderat and peaceable men as the wisdome of the Houses shall appoint, may, without ordination, preach the gospell through- out the whole kingdome of England and dominion of Wales, which wes also comitted as ane effectuall meanes for propa- gating of the gospell, 1 notwithstanding of former ordinances that none (except approved probationaryes) should preach the gospell, save such as shall take the Covenant and be ordained by the Presbyterie. We heare the results of the Committees are to give ease to tender consciences, to enlarge the power of preaching to all, to enervat the Nationall League and Cove- nant, and leave it out in the Propositions to be sent to his Majestie, to sett vp the Presbyteriall government for three yeares, 2 with liberty to all that please to be vnder it and submitt them selfes to the bondage of appeales from Presbyteries and Synods to the Parliament ; off which slavery all wayes and sects in England are free, except only Presbyterians. New sects pre- tending to receive the Holy Ghost by imposition of hands, and other blasphemous seducers denying the Deity of the Son of God, and of the Holy Ghost, dayly spring vp, and are not suppressed ; so as all the truely godly groane vnder sadder bondage and pressures of conscience now then before, in regard that these principles and fundamentall articles of faith, which Prelates and Papists would not dare to shake, are now called in question ; the reall friends of the Covenant, Reformation and fifteen (apparently omitting the eighth) as revised by the Westminster Assembly, which were proposed to be made a sort of negative confession for all claiming toleration outside the Church proposed to be established. See Journals of House of Commons, vol. v. pp. 332, 333. 1 The petition is given at length in the Journals of House of Lords, vol. ix. pp. 469, 470, and affirms that many hundreds of towns and villages were either altogether destitute of a preaching ministry or were not well supplied, and that there was a great cry of people from several counties for men to preach to them the words of eternal life. 2 The House of Commons, though willing it should be for a limited time, rejected the three years' limit suggested by the King and advocated by Cromwell. Journals, vol. v. p. 332. 326 PROCEEDINGS OF COMMISSION [2 Nov. Presbyteriall Government, both in State and Kirk, born downe. The Assembly, which hath been these tuo moneths very thinne and below the number of a just quorum, of late more fre- quently conveined, are now vpon the closeing and sending vp the Larger Catechisme to both Houses of Parliament, the issue wherof shalbe imparted to yow by, Your loving brethren to serve yow, Sic subscribitur, Lawderdaill, Worcester House, Samuell Rutherfurd. 1 the 12th of October 1647. Direct : For the right reverend the Commissioners of the Generall Assemblie of the Kirk of Scotland. Letter from ' RlGHT HONOURABLE AND REVEREND, Wee Cannot but with at^London 11 ^ 3 mucn greif and heavines of spirit give yow an account by these inclosed of the establishing of licentious and pretended liberty of conscience, and a toleration of all haeresies, sects, abomin- able wayes, and false religions, Popery only (how long wee know not) being excepted, contrare to our Nationall Covenant ; which is a matter of sorrow to all the truely godly here, and particularly to the Assemblie of Divines, who (yet goeing one toward a close of the Catechisme), conceive Christ calleth on them to give some publick testimony for the trueth against these detestable wayes ; and of their resolution to adhere to the Covenant, if not as ane Assembly (in which capacity they apprehend they can act no thing of that nature), yet as the ambassadours of Jesus Christ, and ministers of the gospell ; which also, we heare, is the resolution of all the godly ministers both in the city and kingdome. Only the weaknesse of some, the base fearfulnesse of many, the time-serving inclination and temper of the most, now when an army of sectaries are in the fields, makes ws conceive that a seasonable word of encourage- ment from their brethren in the same Covenant wold reveive many. But we trust the Lord Jesus, the Head of the body, the Church, the only Councellor, shall direct yow what to doe in such ane houre of darknesse on this Church and Kingdome here, which shall be the desires and prayers of, Your loving brethren, Sic subscribitur, Lauderdaill, Worcester House, Samuell Rutherfurd.' the 19th October 1647. 5 NOV.] OF GENERAL ASSEMBLY, 1647 327 Direct : For the right reverend the Commissioners of the Generall Assemblie of the Kirk of Scotland. The Comission appoints letters to be sent to the Commis- Appoyntment sioners at London to desire them to give all possible encourage- the Commis- ment to the Assembly of Divines there, and to shew their sense London^ and fellow feeling of the present hard condition of affaires in that Kirk, and that, at the quarterly meiting, the Commission will consider further what is to be done by them for the further encouragement of the Assembly at such a tyme. The Comission appoints the Confession of Faith to be Order for reprinted, with the approbation of the late Assembly. 1 Confession! ° The Comission appoints letters to be written that their quarterly meiting may be frequent. Edinburgh, 5 Novembris 1647, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. William Colvill : Mr. George Lesly : Mr. Thomas Vassie : Mr. Patrik Sheill : Mr. Oliver Colt : Mr. Alexander Spittle : Mr. Robert Lawder : Mr. Andrew Ramsay : Mr. George Gillaspie : Mr. Andrew Fairfoull : Mr. Ephram Melvill : Mr. James Fairly : Mr. Robert Ker : Mr. John Hay : Mr. George Bennet : Mr. Alexander Livistoun. Elder. — Lord Yester. This day John, Lord Herries, produceing a report from the johne Lord Presbyterie of Drumfreis concerning their dealling with him, Reference to and yet still earnestly renewing his desires to be relaxed from Drumfreise. the sentence of excommunication, The Commission of Assemblie doe referr him to the said Presbyterie of Drumfries, giveing vnto them full power, if they find him penitent, to relax him from the said sentence, he acknowledging particularly the offences for which he wes excommunicat, and giving also a cleare and particular confession therof vnder his hand. Lyke- wayes he is to satisfie in sackcloath publickly before the con- gregation vpon a Sabboth day, and after his relaxation, the saccloath being taken from him, he shall publicly renunce and abjure Poperie, and in testimony therof he shall solemnlie sweare to the Religion presently professed in the Kirk of Scot- land, and therafter subscribe the Nationall Covenant, wherin is contained the Negative Confession, as also the League and Covenant of the three kingdomes. And the Presbyterie shall returne report of their diligence heirin to the Comission. 1 This was accordingly done before the close of the year, and there is a copy of this edition in the Advocates' Library at Edinburgh. 328 PROCEEDINGS OF COMMISSION [24 NOV. Letter to Presbyterie Drumfreise. Followes the letter sent to the said Presbyterie with the preceiding Act : — 1 Reverend and loving brethren, — Having heard the Lord Herries, frequently before ws, very desirous to be relaxed from excommunication, and finding by your report your good hopes concerning him, Wee have thought good to remitt him to vow, that vpon evidence of his repentance, and his acknowledgment and satisfaction mentioned in the Act herewith sent, yow may relax him, and receive him also to the Covenant after his abjuration and renunciation of Poperie : All which we refer to your speciall cair and diligence. So, committing yow and all your labours to the Lords grace, wee remaine, Your loving brethren, The Commissioners OF THE GENERALL AsSEMBLIE." Newtoun Gordon. Committee for drawing a letter to the Synod of Divines. Recommenda- tion to the Committee concerning the rebells in the North and the house of Dalgetie. Edinburgh, 24 Xovembr'is 1647, post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. George Gillaspie : Mr. Robert Ker : Mr. Robert Lawrie : Mr. Thomas Vassie : Mr. George Lesly : Mr. Patrik Gillaspie : Mr. John Smith : Mr. James Fleemyng : Mr. James Guthrie : Mr. George Sharpe : Mr. Alexander Moncreiff: Mr. Patrik Sheill: Mr. Andrew Fairfull : Mr. James Hamilton: Mr. William Colvill. Elders. — Lord Angus: Lord Yester : Dundas : Libertoun : James Ruchhead : Lawrence Henderson : James Stewart : David Douglasse. The Comission appoynts Messrs. James Hamiltoun, Andrew Fairfull, George Lesly, and James Guthrie, to conferre with Newtoun Gordon, and deall with him to bring him to repent- ance, and to a sense of his wicked, bloody, and rebellious courses, for which he wes excommunicat, and to report. The Comission appoints Messrs. George Gillaspie, John Smith, Andrew Fairfull, James Guthrie, and William Colvill, Lord Angus, Yester, Libertoun, and Dundas, with the Modera- tour, to prepair a draught of a letter to the Synod of Divines against the morne, according to the resolution of the last meeting. The Commission of Assembly appoints the insolencies and lewdnes of the rebells in the North, wherof they have now gotten information, to be represented to the Honourable Com- mittee of Estates, and doe humbly desire that for bringing such persons vnder ecclesiastical discipline, their Lordships may 25 NOV.] OF GENERAL ASSEMBLY, 1647 329 be pleased to writt to the Commanders-in-cheife, that the rebells that doe not satisfie the Kirk may foirfault the benefitt of their passes, according to the conditions whervpon they are granted : And that the Act of the 24 of August last, concern- ing the house of Dalgety., may be renewed, and the extract therof be given out to be sent thither : As also that their Lordships wold provid what further order they find necessary for restraining and punishing examplarly and condignly these insolent and wicked rebells. Edinburgh , 25 Novembris 1647. Sederunt vt supra, cum Messrs. David Calderwood, Ephram Melvill, Samuell Douglasse, James Fairly, Alexander Livistoun, Robert Lawder, George Bennet, Oliver Colt, Mungo Law, Crawfurd, Cassills, Balmain. The Commission having received a letter from Generall Major Middeltoun, doth appoint in answer thervnto the letter following to be sent to the Presbyterie of Fordyce, as also an letter to the Generall Maior himself : — ' Reverend and loving brethren, — Wee are informed that a Letter to the good qualified young man being presented to the kirk ofp^^f 1 " 160 Rainis by the patron, having also a call from the congregation, and a good testemony and recomendation of Generall Maior Middeltoun, with whom he lies conversed for a good space ; yet notwithstanding, yow have nether accepted the presenta- tion, nor regarded the call of the congregation, nor the reco- mendation of so well deserving a gentleman, but without tryell rejected the young man. We know not what reasones yow may have for yow, nor desire we to interest our selfes in any thing belonging to yow : Only this much we thinke incumbent to ws in a brotherly way to shew yow, that, for anything we know, no young man having the peoples call and the patrons presentation can by the order and practise of this Kirk be reiected without tryell. We shall not doubt but yow will pro- ceid in the mater according to the established and ordinarie course, without wronging either patron, people, or the young man, and with alse much respect and favour to the Generall 330 PROCEEDINGS OF COMMISSION [25 Nov. Majors recomendation as yow can in reason give vnto him, which is all we desire. Remaining, Your loving brethren, The Commissioners of the general!, assembly. 1 Direct : To their reverend brethren of the Presbyterie of Fordyce. Letter to ' Right Hoxouhable, — Wee have recomended very earnestly Mlddietoun^ 0r y our desire concerning the planting of the Kirk of Rainis to the Presbyterie of Fordyce. If our power in bussinesse of particular concernment had been of a greater latitude, we should have extended it further. Yet we shall not doubt but it shall prevaill so farre with the Presbyterie as to give yow full satisfaction. We have no more to say ; but recomending yow in all your vndertakings to the Lords gratious assistance, we remain, Yours in all duty, The Commissioners oe the generall assemblies Direct : For the much honoured Generall Major Middeltoun. The Comission appoints Messrs. James Hamiltoun, James Fleeming, Ephram Melvill, Thomas Vassie, and William Adair, to goe to Newtoun Gordoun, and yet conferr with him, and to attend him to the scaffold, and, if they find him penitent, give them also power to relaxe him in that caise vpon the scaffold. 1 Edinburgh, 25 Novembris 1647, post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. William Colvill : Mr. John Smith : Mr. James Guthrie : Mr. George Lesly : Mr. Alexander Irland : Mr. Thomas Vassie : Mr. George Gillaspie : Mr. James Fleeming : Mr. Mungo Law : Mr. Robert Ker : Mr. Patrik Gillaspie : Mr. Androw Fairfull : Mr. Ephram Melvill : Mr. Alexander Mouncreiff. Elders. — Craighall : Dundas : Libertoun : Strathurd : Bal- main : James Stewart. 1 When the Marquis of Huntly was betrayed to Middleton by the clan Cameron, young Gordon of Newtoun was one of a party of forty, commanded by Hearthill, which stayed in the rear of the Marquis, in order that he might have time to escape. The party, however, was surrounded, and ' Hearthill himself was taken, and Invermarkie Gordon, with young Newtone, who, altho he wan frie at that tyme, yit by means of the Forbeses, his grandam's kine, he was surprysed soon efterwards ; and both Hearthill and he, being about one age, and dear commerads, ware soon efter had to Edinburghe, where they ware both execute.' — Britane 's Distemper, by Patrick Gordon, pp. 204, 205. Newtoun Gordon. 25 NOV.] OF GENERAL ASSEMBLY, 1647 331 The Comission, vnderstanding that Mr. John Clappertoun, Mr. John repairing diverse tymes to this countrey, doeth very ill offices cla PP ertoun - in some pairts within the Presbytery of Erseltoun, wher he resorts, Therfor appoints the said Presbytery of Erseltoun to proceid against him for his miscariages in this kingdome. The Comission appoints Messrs. George Gillaspie, John Committee for Smith, James Guthrie, with the Moderator and Libertoun, to References - consider the references of the last meiting of the Comission, and prepair them against the morne. The Comission appoints Messrs. Robert Douglas, George Appointment Gillaspie, and John Smith, to speak the Thesaurer for the 500 Thefaurer. l ° lib. sterling, according to a former appointment. In answer to the letter from the Presbyterie of Ellon, the Comission appoints the letter following to be returned vnto them : — 4 Reverend axd loving brethren, — Wee have sent yow the Letter to extract of Schethines sentence, 1 that yow may better know how Eifra concern- to deall with him. If he be penitent, we desire that he may in s Schethin. put a cleare and ingenuous confession of his offences, for which he wes excommunicat, vnder his hand, which, or the double of it vnder your Clerks hand, yow wold send heir, that their by we may the better advise yow how yow shall proceid with him. We comend yow and all your labours to the Lords grace, and remain, Your loving brethren, The Commissioners OE THE GENERALL AsSEMBLIE."' Direct : For their reverend and loving brethren of the Pres- bytery of Ellon. The nixt meiting the morne after sermon. Edinburgh, 26 Novembris 1647, ante meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderator. Mr. Samuell Rutherfurd : Mr. William Colvill : Mr. Androw Fairfull : Mr. Mungo Law : Mr. Walter Bruce : Mr. John Smith : Mr. James Guthrie : Mr. Ephram Melvill : Mr. Alexander Irland : Mr. Alexander Moncreiff : Mr. David Calderwood : Mr. George Gillaspie : Mr. William Justice : Mr. 1 William Seytoun, laird of Schethin, "was forfeited for taking part with the Marquis of Huntly. He, along with the Marquis and some other friends, had 1 been by the sentence of the Commission of Assembly excommunicated in the Eist Kirk ' of Edinburgh on 14th April 1644, and intimation of the sentence had been ordered to be made ' in all the kirks of the kingdome.' The sentence is given at length in Spalding's Memorials, vol. ii. pp. 361, 362. 332 PROCEEDINGS OF COMMISSION [26 NOV. George Lesly : Mr. Robert Ker : Mr. James Hamiltoun : Mr. James Fleeming : Mr. Patrik Gillaspie : Mr. George Bennet : Mr. John Adam- son : Mr. Robert Lawrie : Mr. George Sharpe. Elders. — Crawfurd : Yester : Scotiscraig : Dundas : Libertoun : Balmain : James Ruchhead : Lawrence Henderson : David Douglasse. The Comission finds that they cannot give any advice to the Presbyterie of Strabogie concerning the planting of the kirk of Aberchirdor with Mr. John Reidfurd, vntill they receive more full information of the whole bussines from them ; To the which purpose some of their number wold be at the paines to come to this towne, if they desire the opinion of this Comission in the bussines. This day Mr. Samuell Rutherfurd having made report of the proceidings of bussines in England since the returne of the remanent Commissioners, the Comission gave him hartie thanks for his paines and travells ther. This day Mr. Samuell Rutherfurd produced a copie of a letter from the Synod of Divines, they being restrained from sending the principall with him 1 : * Tenor wherof followes : — The copie of a 4 RlGHT HONOURABLE, RIGHT REVEREND, AND DEARLY BELOVED letter from the T ^ A •. . . 1 1 • Synod of brethren in Jesus Christ, — As wee have great cause to blisse Divines. God for the brotherly vnion of these tuo nations in comon cause of Religion, so we cannot but returne humble praises to him, and our hartiest thanks to yow, for the great assistance which in this worke we hade from these honourable, reverend, learned, and godly Comissioners, which yow wer pleased to send us for our help : By whom, through the good hand of God vpon us, we have finished and presented to the honourable Houses of Parliament the Confession of Faith, Directory for Worship, Forme of Church Government and Catechisme, wherin, though when we had done all, we cannot but acknow- ledge our selfes unprofitable servants, yet through his mercy we have obtained grace to be thankfull 2 in holding forth the 1 They were 'restrained from sending the principall with him,' because they could not do so 'without the leave of either House of Parliament,' and even the House of Lords did not approve of the letter as drawn, but recommended that another should be framed ' expressing nothing but courtesies, civilities, and respects to the General Assembly of the Church of Scotland and to Mr. Ruther- ford,' Lo7'ds Journals, vol. ix. p. 516. They appear to have preferred to give Rutherford, who was a member of their Assembly, a certified copy of the obnoxious letter. He took leave of the Assembly on 9th November. 2 Sic ; ' faithful ' is the word usually found in this connection. Kirk of Aber- chirdor. Mr. Samuell Rutherfurd. 26 NOV.] OF GENERAL ASSEMBLY, 1647 333 trueth of God, and in bearing witnesse against the common errors and corruptions of the tymes. ' And now this reverend and learned professor of Divinity, Mr. Samuell Rutherfurd, signifying to ws that he is presently to returne to his particular station and employment among yow, we cannot but restore him with ample testimony of his learning, godlines, faithfulnes, and diligence ; and we humbly pray the Father of Spirits to encrease the number of such burning and shining lights among yow, and to returne all the labour of love, which yow have showen to this afflicted Church and kingdome, a thowsand fold into your bosomes. ' Our affaires are yet in a darke condition. We acknowledge that for our vnworthy walking in the midst of so many deliver- ances, and not improving the beginings of Reformation which the Lord hath wouchsafed ws, we are still encompassed with many streights and difficulties, yet we cannot but trust to the goodnesse of our God who hath already caused many moun- taines to become plaines before ws ; And we shall by his assist- ance endeavour that every thing may be removed which might provocke the eyes of his jealousie against ws, and that these tuo nationes, so nearly vnited, may serve God with one heart and in one way, according as we with yow have covenanted and sworne, wherin we desire the Lord to make and continew ws faithfull, and doubt not of the best assistance of your prayers. Now God our Father, and our Lord Jesus Christ, perfitt what he hath begun amongst ws and yow. To his grace we commend yow and all your holy labours. Concordat cum originali Adoniram Byfield, Scribal The Comission approves the draught of the letter to the Approbation of Synod of Divines in England, and appoints the same also to be Assembly of the sent to the ministers of London, and to be directed thus : — Divines and Ministers in 6 To their reverend and well-belouit brethren the Assembly of^^ ^ Divines at Westminster, the Ministers of London, and all the other well-affected brethren of the Ministrie in England.'' And that the delyverie of this letter to the Assemblie and Ministers of London be recommended to Mr. Cheisly, secretary 334 PROCEEDINGS OF COMMISSION [26 NOV. to the Commissioners ther, and that a letter be written to him for that effect, and the Clerk shall cause print the said letter after he shall know of the delyverie of it. 1 Tenor of which letter folio wes : — Letter to the ' RlGHT REVEREND AND DEARLY BELOVED BRETHREN, As the Divynes at° f Generall Assembly of this Church and their Comissioners have Westminster, vpon many former occasions expressed their great respects and speciall affection to their brethren of England, and how much they valued and minded the Lords worke there, of which also their actions have been reall testimonies ; so wee have thought good in this present juncture, or rather disjunctive of affaires, to adde this new testimony and symbole of brotherly love ; and so much the more lest either the Commissioners of this Church their returne from London to their particular flocks, after four years absence, or any information spread by disaffected persons, might peradventure make some of our brethren in that kingdome grow somewhat lesse confident of the constancy of our affection to them, and to that common cause which both they and we did undertake, and are obliged to prosecute with our best endeavours all the dayes of our lives. Wherefore we doe at once both desire and trust that our brethren will be confident as ever brethren wer of brethren, that by the grace and assistance of Jesus Christ, come what may come, no alteration of affaires whatsoever shall ever remove ws from those principles and intentions which have been professed before God and all the world in our solemne Covenant, and in our publick Declarations from time to time. We should thinke it a greater sinne in ws than in others, and should certainly expect a dreadfull curse and exemplary judgement from the righteous God, if ever there shall be cause to say that the Church of Scotland remembred not the brotherly Covenant. Wee owe indeed allloyall subiection and lawfull obedience to the King: neither shall our prayers and best endeavours be wanting for the preservation and defence of his Royall Person and authority in the preservation 1 It is no doubt to this remarkable letter that the following entries in the Minutes of the Westminster Assembly refer (pp. 494, 495) Dec. 7, 1647, 'A letter was brought from the Church of Scotland ; it was read, and ordered to be read in a full Assembly.' Dec. 13, 1647, 'Sir William Masson brought an Order from the House of Commons to send the letter from the General Assembly. Ordered, That the letter be delivered, which was accordingly done.' There appears to be no subsequent reference to it either in the Minutes of Assembly or in the Journals of the House of Commons. 26 NOV.] OF GENERAL ASSEMBLY, 1647 335 and defence of the true Religion and liberties of the kingdomes. But God forbid that we should ever separate, or connive at any who would separate what the Covenant linketh together, the glory of God and good of Religion being alwayes the principally and Gods interest more then Cesars, although not exclusive of Cesars. ' And now, dear brethren, although we are confident of yow through the Lord, that yow neither are nor will be otherwise minded then to stand fast in the truth of Christ, and to be faith- full to the death in the Covenant yow have taken, yet give ws leave to stirre yow vp by puting yow in remembrance, that wherto yow and wee have already attained, there may be a walking by the same rule, and a minding of the same thing. The Directory of Worship being about tuo yeares agoe agreed vpon by the Assemblies and Parliaments of both kingdomes, The Doctrinal Part of Church Government, agreed vpon by the reverend and learned Assemblie of Divines, was at the same time with the Directory of Worship approved by the General Assembly and ratified by the Parliament of this Kingdome ; The Confession of Faith is also approved by the last Generall Assemblie as sound and orthodox for the matter, and agreed vnto on their part that it be a part of the Vniformity, and a Confession of Faith for the Churches of Christ in the three kingdomes. The other things communicated from thence vnto this Church, namely, a Directory of Church Government, Catechisme, and new Paraphrase of the Psalmes in metre are printed and published here to be considered and examined against the next Generall Assemblie to be held in July 1648. Wee wish and hope that yow may all stand fast and firme together in the same principles and rules, and that those results of so long and learned Synodicall debates may generally find acceptance throughout that kingdome. It cannot be expected that such a Reformation as is according to the mind of Christ, and tendeth to the casting out of Sathans kingdome, to the censuring of prophannesse and suppressing of errour and heresie, can be car- ried on without a mighty and strong opposition. But how strong soever the opposition be, 'tis but the strength of Satan and wicked men. The weapons of your warfarre (if well handled) are more strong and mighty through God to the casting downe of every- thing that exalteth itself against the kingdom of Christ. The eyes of God, angels, and men are now in a more especiall maner vpon yow, observing how yow acquit yourselves in this time of triall. Blessed shall they be, whosoever shall not be offended at the Cause and Covenant of Christ, but shall be ready to speak, do, or 336 PROCEEDINGS OF COMMISSION [26 now suffer for it whatsoever God calleth them vnto ; and shall neither be ashamed of it when 'tis set aside and abandoned by many, nor afraid to owne it, and to give a good and honest testimony for it, even when it is opposed and persecuted. Wee know your tenta- tions are many and great, yet such as God hath in his word fore- warned yow of, promising withall, that with the tentation he will make a way to escape, that ye may be able to bear it. Faithfull is he who calleth yow, who also will doe it. When yow are pressed out of measure and above strength, 'tis that yow should not trust to your selves but to God, so that when yow are weak then are yow strong, and when the adversaries of trueth are strong then are they weak. Be it therefore far from yow to be overcome with the ten- tations, either on the right hand, by compliance and doing evill that good may come of it, or on the left, by a despondency of spirit and casting away of your confidence ; which as we trust you will not, so if any among yow should, there will be cause to say to him as once it was said to Job : ' Behold, thow hast instructed many and strengthened the weak hands ; thy words have vpholden him that was falling, and now thow hast strengthened the feeble knees ; But now it is come vpon thee, and thow faintest, it toucheth thee and thow are troubled.' It is indeed the amazement of the Christian world that after such a solemne Covenant for extirpation of heresie and schisme, these pernitious plants have been suffered to spread more than ever before. 'Tis also a stupendious judgement of God that a litle home should grow forth and wax great, and have an hoste given it against the daily sacrifice by reason of transgression, yea, to cast doune the truth to the ground, practising and prosper- ing, and even by peace destroying many. Such things God hath permitted long ago, yet but for a tyme, having prelimited a certain period thervnto. Truth was at last victorious, and so shall be. Meanwhile, the greater and more horrid the present evills be, 'tis the more necessary for yow, and yow have the clearer call from God to give a testimony against them, and the greater wer the sinne and danger if yow should not. But wee are the more confident that yow shall not fall under this sin and danger, because yow have already, by your sermons and writings, so much witnessed for the truth, and against the errours of these times. This wee must further say from our owne experience, that faithfull endeavours of these, who wer both few and weak, in the greatest extremities and when the difficulties appeared most insuperable, have not wanted a blessing and comfortable successe. God can as easily drive all the monstruous errours and heresies out of England, as once he took 26 NOV.] OF GENERAL ASSEMBLY, 1647 337 away all the locusts out of Egypt by a mighty strong west winde, so that there remained not on locust in all the coasts of Egypt. God can make the earth to open her mouth and swallow up the floud which the dragon cast out of his mouth. 'Tis not in vaine in the worst of times to be witnesses for Christ and for his truth, to do duty and trust God w r ith events. As many as walk according to this rule, and will yet sincerely, constantly, and really endeavour what by their Covenant they ar bound to do, shall find that their labour is not in vaine in the Lord. The very glory of Jesus Christ is highly concerned, and his name interessed and ingaged to repudiate, disclame, and overthrow those wayes of errour, schisme, heresie, self-interest, and carnall policy, falsely fathered by many vpon Christ, vnder the names of tender consciences, saints, and the like. ' And, for our part, yow are in our hearts to die and live with yow, and we cease not to make mention of yow in our prayers daily ; Believing also that God hath thoughts of peace towards yow and not of evil, to give yow an expected end ; and that when he hath humbled his people vnder his mighty hand, and brought them to an acknowledgment of those offences which are the true causes of his controversie, he will awake for their help and appear for their joy ; and then they who are, by a temporary successe, hardened in wayes of errour or malignancy, shall see it and be ashamed, and shall wonder and perish, but peace shall be upon Israel. ( Subscribed in name of the Commission of the Edinburgh, Generall Assembly of the Kirk of Scotland 26 November 1647. by Mr. Robert Douglas, Moderator.' Direct : To their reverend and welbeloved brethren the Assembly of Divines at Westminster, the Ministers of London, and all other well- affected brethren of the Ministiie of England. The Comission appoints, for correspondence with the Comittee of Estates, that Messrs. David Calderwood, George Gillaspie, Mungo Law, Scotscraige, Libertoun, with the Moderator, present the said letter to the Comittee, that their Lordships may be acquainted therwith. Eodem die, post meridiem. Sederunt .-—Ministers.— Mr. Robert Douglas, Moderatour. Mr. Samuell Rutherfurd : Mr. George Gillaspie: Mr. George Lesly : Mr. James Y 338 PROCEEDINGS OF COMMISSION [26 NOV- Mr. Jhon Lawrie. Reference to Assembly of the Report concerning intelligence. Comittee con- cerning the collecting pub- lick papers, and for ordering the historic Guthrie : Mr. Robert Ker : Mr. Patrik Gillaspie : Mr. Alexander Mon- creiff : Mr. Alexander Irland : Mr. David Calderwood : Mr. William Colvill : Mr. Andrew Fairfull : Mr. John Smith : Mr. Mungo Law : Mr. Robert Lawrie: Mr. James Hamiltoun : Mr. Alexander Livistone: Mr. William Justice, Elders. — Lord Angus : Scotiscraig : Libbertoun : Balmayn, The Comission of the Generall Assembly desires the Lord Angus, Messrs. William Colvill and James Hamiltoun, to speake the Earle of Hartfell on the behalfe of Mr. John Lawrie, 1 and to deall with his Lordship earnestly that he may cause pay to Mr. John his stipend, which he wanted these many yeares. This day the report of the brethren appointed to consider the reference concerning intelligence with Presbyteries being considered, the Comission refers the same to the nixt Generall Assembly. Tenor of the Report followes : — 'It is the opinion of this Comittee that one who hes his ordinarie residence in Edinburgh and hes occasion to vnder- stand publick affaires be nominated and appointed for com- municating vnto and receiving from such persons as shall be thought fitt in every Presbyterie or shire, by advise of certaine persones to be also nominated to that purpose, matters of speciall concernment and importance, as ther shall be cause, and that ther be an allowance out of the publick annuitie of the Kirk to him that shall have this charge."' The Comission, finding it necessary that all the public papers concerning the proceidings in these late tymes, printed or not printed, be collected together and printed in an booke, Doe for this purpose desire the Lord Advocat and Lord Humbie, Messrs. David Calderwood, George Gillaspie, and John Smith, with the Moderator and the Clerk, to collect any papers they have by them ; as also appoints the said ministers and elders to be a comittee to order the busines and to do every thing necessary therin : And that the Clerk have the care and charge of printing therof. And it is also thought fitting and necessary that, beside these collections, there be a perfitt storie made out of these papers and any other intelli- 1 Probably the minister of Hutton, Dumfriesshire, who may have had charge of the parish during the years his predecessor was 'under process.' He was previously at Old Monkland. — Scott's Fasti, vol. i. pt. ii. p. 649. 26 NOV.] OF GENERAL ASSEMBLY, 1647 339 gences, and that the persones before named thinke vpon a man fitt for that purpose and of all helpes conduceing thervnto : And to report. The Comission appoints the Petition following to be pre- sented to the Counsell for restraining of trafficking sectaries, by Messrs. William Colvill, George Gillaspie, Scotscraige, Liber- toun, and the Moderator : — 6 To the Honourable Lords of Privie Counsell The humble Petition of the Comissioners of the Generall Assembly. 6 Being certainely informed of the frequent resort to this Petition to the i.j * l • jf Privie Counsell kingdome ot some sectaries who goe abroad m the countne tor concerning perverting and seduceing of the people to their errours, wee sectanes - thought it our dewtie to represent so dangerous an evill to your Lordships, earnestly desiring that your Lordships may be pleaesd to provid what yow shall find necessary for restraining and perventing the dangerous and pernicious practises of such cunning impostures."' The Comission of the Generall Assemblie gives full power Comission to and comission to the Presbyterie of Chirnside to examine 0 f\Srnes!de C witnesses hinc inde in the particulars betuixt John Wilkie of fo . r examining r . . , witnesses be- Fouldon and Mr. Thomas Ramsay, minister there, and to tuixt Fouiden re-examine also any witnesses already ledd as either of the said R^ mS ay. ° ma pairties shall require : To which effect the said Presbyterie shall cause cite any persones before them required to be witnesses, to such dayes as they please : And if any exceptiones shall be proponed against any witnesses, they shall notwith- standing be received cum hac nota, but these exceptiones shalbe written and remitted to the judgement of the Comission : Requiring also hereby the depositiones to be written formallie and fullie, and subscribed by the wittnesses them selfes if they can writt, but howeuer by the Moderator of the Presbyterie, and to be reported to the Comission vpon the last Wednesday of Februarij nixt. Concerning the planting of Air with a collegue to Mr. William Adair referred from the late Assembly, The Comis- sion for effectuating therof appoints the letter following to be sent to the towne of Air : — 4 Right worthy and very much respected, — Having it com- 340 PROCEEDINGS OF COMMISSION [26 NOV. Letter to the mitted to our cair from the late Generall Assembly to provide tounofAir. a collegue to your minister in respect of the great charge he hath, wherin both we and yow must give accompt of our diligence to the nixt Assembly, Therfore we thought it our dewtie to put yow in mynd of the busines and withall to offer to yow some effectuall meanes for the doing of it : And to our opinion there is no possibility to gett a second minister vntill yow provide some competent honest maintenance for one ; it not being to be expected that whilst that is wanting on will either willingly come, or can be reasonably vrged by ws to come to a chairge amongst yow: The rules of transportation not suffering that any minister be deteriorat that way in his con- dition. Wee will not doubt of your willingnes to contribute liberallie and cordially for so necessary and pious a worke. The plentifull and powerfull ministrie of the Gospell for many yeares amongst yow doeth promise and assure ws of no lesse zeale and affection from yow. But this much wee have said to expresse our cair for exoneration of our selfes of the trust comitted to ws in that particular, wherin we desire to know your owne mynd and intentiones, being for our part most will- ing to contribute our best endeavours for yow in it and to approve ourselfes to be, ' Your very reall friends in our Lord, The Comissioners OF THE GEXERALL AsSEMBLFE.' Direct : To the right worthie and much respected The Provest, Baillies, and Counsell of the burgh of A ir. Recomenda- The Comission appoints the great expenses of their brother SamueifRuther- Mr. Samuell Rutherfurd and Mr. George Gillaspie, by their George d Mr s ^ a y a ^ L 011 ^ 011 v P on their owne chairges, the ordinarie allow- Giiiaspie. ance for them not being payed since Apryll last, to be repre- sented to the Honourable Comittee of Estates. 1 The Comissioners of the Generall Assembly appoint the 1 By the Ordinance calling the Westminster Assembly, the sum of five shillings per diem was allowed to each member in attendance ; but the sum stipulated was very irregularly paid, and possibly may have been discontinued to the Scottish delegates after the differences between the two kingdoms be- came so pronounced, if not after the ^400,000 were accepted by the Committee of the Scottish Estates in full of all the expenses incurred by them on behalf of the kingdom of England, 23 dec] OF GENERAL ASSEMBLY, 1647 341 Moderatour, with the remanent ministers of Edinburgh, to Recomenda- present humbly the desires of the Generall Assembly to the Comission for Honourable Comissioners of Parliament for valuation of P Iantm s kirks - teynds and planting of kirks, to receive their Lordships answer, and to report it to the nixt meiting. The Comission continues the Lord Rae and the rest in the sumonds vntil the last Wednesday of February. Edinburgh, 23 December 1647, post meridiem. Sederunt: — Minsters. — Mr. Robert Douglas : Moderatour. Mr. Robert Blair: Mr. John Livingstoun : Mr. Robert Baillie : Mr. John Ramsay: Mr. Robert Ker : Mr. John Adamson : Mr. William Colvill : Mr. Robert Lawrie : Mr. Andrew Ramsay : Doctor Colvill : Mr. David Dickson : Mr. Mungo Law : Mr. George Lesly : Mr. Patrik Gillaspie : Mr. George Gillaspie : Mr. Andrew Fairfoull : Mr. Robert Lawder. Elders. — Liber- toun : Lawrence Henderson. This day, the Catechisme, 1 that came from the Assembly in England, being produced by Mr. George Gillaspie, the Comis- sion appointed the Shorter Catechisme to be presently read. 6 It is Appointed by the Comission of the Generall Assem- ^ ct ^ or t Pjj. ntin g blie that 800 copies, and no more, of the Advyse of the Assemblie of Divines at Westminster concerning a Catechisme be presently printed to be sent to Presbyteries, That, according to the Ordinance of the late Assemblie, they may examine the same, and report their opinions to the nixt Generall Assembly.'' The Comission of the Generall Assemblie, vnderstanding by Recomenda- letters from the Provinciall Assembly of Rosse that Mr. ing\inwmiam William Maitlan, a notorious rebell, a constant preacher to ^comunicat the sumtyme Marques of Huntly, and a follower of him in his rebell. rebellious courses, lately excomunicat for these his miscariages, is now apprehended in these bounds, Therfor they doe humbly move to the honourable Comittee of Estates that their Lord- ships may be pleased to take some speady course for his examplar and condigne punishment. This day answer returned from Mr. John Cheisly 2 concerning 1 The Catechisms without proofs were completed by the Westminster Assembly and presented to the English Parliament — the Larger one in October 1647, and the Shorter in November 1647. Both Catechisms, with the Scripture proofs inserted in the margin, were completed and presented in April 1648. It was, therefore, only the Catechisms without proofs which were in the possession of the Commission of Assembly in December 1647. 2 Mr. John Cheislie, after 1647 Sir John Cheislie of Kerswell, was Secretary to the Scottish members of the Committee of both kingdoms. 342 PROCEEDINGS OF COMMISSION [23 dec. his diligence in delivering the letters to the Assembly of Divines and Ministers of London. Tenor of his answer followes : — Letter from Mr. 4 Sir, — The letter of the Comission of the Generall Assemblie John Cheishe. weg rea( j ^ e second tyme in the Assembly of Divines, and vpon Fryday, the House of Comans being informed that such a letter was come to the Assembly from Scotland, did appoint a Committee to goe and fetch it to the House, and accordingly it was yesterday delivered to that Comittee. I heare it was said by some in the House that the Assembly was called to give advise to the Parliament in such maters as they should desire it ; but now they did sitt to receive letters from Assemblies in another nation, to entertaine pairties and factions against the Parlia- ment. Yesterday (which was the first opportunity I had of a meiting) I delivered the other letter to the Ministers of London at Sion Colledge, which they received with a great deall of respect and civility. The sume of what was said to me I send yow here inclosed vnder the Presidents hand, together with a printed copy of the letter which came abroad this day. This is all the accompt I can give for the present. So I rest, Worcester House, ' Your humble servant, 14 December 1647. 4 John Cheislie."' Direct : To the right reverend Mr. Robert Douglasse, Moderatour qftlie Comission of the Generall Assemblie. Answer from Followes the answer given verballie by the Ministrie of London 516 ' 5 °! London mentioned in the preceiding letter :— 4 This Assembly hath caused the letter of the Comissioners of the Generall Assemblie of the Church of Scotland to be read, and are very deeply affected with the great piety and large affec- tions of their reverend brethren of that Church towards them, being resolved on all occasions to doe their dueties to God and his trueth, and do returne their hearty thanks to these their brethren for their great love expressed towards them. 4 This Assembly also gives thankes to your selfe not only for bringing this letter, but for your patience in attending heir both for the delivery of it and staying till it hath been read. 4 This is the summe of what was delivered yesterday, by the 23 dec] OF GENERAL ASSEMBLY, 1647 843 appointment of the ministers of London assembled at Sion College, to Mr. Cheislie, by ' Sic siibscribitur, A. Burges, President.'' December 14, 1647. The Comission, vnderstanding that there is ane history Act concerning written by on Mr. Robert Johnston, containing very vile and j^h n f t °ris rt reproachfull speaches against the Reformation of Religion in storie. this Kirk, and against the principall instruments of that Refor- mation, which is now in the hands of some printers in the Low Countries ; Therfor doe appoint letters to be written to their brethren, Mr. Alexander Petrie 1 and Mr. William Spang, 2 that they may labour earnestly with the printers there for hindering the printing of it : 3 For which purpose it is recomencled to Mr. John Adamsone to put the letter in Latine, that it may be showen to the printers. And it is further desired that the Moderator, with Messrs. Andro Ramsay, John Adamson, Wil- liam Colvill, advise together vpon the best way for getting the autographon of the said history, or any papers concerning the same, from the printers, if it be possible ; and the said persones, or any two of them, are authorized heirby to doe anything conduceing to that purpose. Tenor of the letter followes : — 1 Mr. Alexander Petrie, a native of Montrose, was minister at Rhynd in Perth- shire from 1632 to 1643, an d from 1643 tiU his death on 6th September 1662 of the Scots congregation at Rotterdam. He was the author of a pamphlet bearing the title ' Chiliasto-mastix, or the Prophecies of the Old and New Testaments . . . vindicated from the ?/iisinterpretations\of the Millenaries'* \ Roterdame, 1644, 4to ; and in 1662 he published a general Church History under the title 'A Compendious History of the Catholick Church from the year 600 untill the year 1600, shewing her Deformation and Refownation . . . gathered out of divers writers of the several times and other Histories ' : Hague, 1662. In his account of ecclesiastical events in Scotland he incidentally vindicates her Reformers, and supplies original information of value regarding Erskine of Dun and George Wishart — the Reformers of the district of which he was a native. 2 Mr. William Spang, the well-known correspondent of Baillie, was minister to the Scots congregation at Campvere from 1630 to 1652, and to that of Middelburg from 1652 to 1664. 3 The first two books of Johnston's history had been published at Amsterdam in 1642 under the title ' Historiariun libri duo continentes rerwn Britannicarum vicinaru?nque regionum historias maxime memorabiles,' and in 1646 an English translation of these had been published at London. It was probably owing to the action of the Commission that it was not till 1655 that the Dutch printer Ravensteyn ventured to issue from the press at Amsterdam the complete work, under the title, Historia Reru??i Britannicarum ut et multarum Gallicarum, Belgicarum et Germanicarum tarn Politicarum> quam Ecclesiasticarum ab anno 1572 ad annum 1628, Atutore Roberto Jonhstono, Scoto-Britanno. 344 PROCEEDINGS OF COMMISSION [23 DEC. Letter to 6 Charissime in Christo frater, — Multorum sermonibus et anderPtetx?" literis non-nullorum ad nos perlatum est, historiam a quodam and William Roberto Johnstono scriptam, cuidam ex Hollandiae vel Zelan- Spang, concern- # ... ing Mr. Robert diae typographis traditam esse, ut typis mandetur et in publicam historie. nS mundi lucem exeat. Hanc historiam criminosam, mendaciorum et calumniarum plenam, ex fragmento ejusdem e Latino in Anglicum sermonem verso, comperimus. In quo fragmento praeter caetera scripturitor ille invehitur in viros doctrina et pietate insignes Johannem Knoxium et Andream Melvinum, servos Christi fidelissimos, quorum opera fructuose vsus est Dominus apud nos, in religione purganda a fo?da colluvie errorum Papisticorum et cultus Idololatrici. Mercenarius enim ille scriptor, adulator aulicus, totus in hoc fuit ut auribus inserviret eorum, qui vel a partibus Pontificiis stabant, vel plantain illam, quam dominus non plantavit, tyrannidem Episcopalem tandem aliquando ex Ecclesia ejiciendam summo cum metu praesagiebant. Quum famosa haec historia et veri- tati et Ecclesiae et Reipublicae nostras injuriosa sit, quum ad impediendam in aliis regionibus religionis et cultus Reforma- tionem comparata sit, quum fidelissimorum Dei servorum famam laceret, quum ad regnum Christi evertendum, et ad regnum Antichristi stabiliendum tendat, speramus neminem virum bonum earn imprimendam suscepturum, et si quis per incuriam hactenus susceperit, confidimus eum, lecta nostra hac epistola, sententiam mutaturum, nisi coram Dei tribunali, omnium mendaciorum et calumniarum, quibus liber refertus est, velit reus et obnoxius teneri. Ideo pergratum nobis feceris, frater charissime, si sedulo investiges apud quern deli- tescat bella ilia historia, et ut omnes apud vos typographos nostro nomine etiam atque etiam rogare velis, ne quis historiam illam vel fabulam potius excudendam suscipiat ; et si quis nunc apud se habet retineat, donee nos certiores reddas. Spondemus nos gratiam relaturos, nec apud ingratos benefi- cium collocatum fore. Hoc si per eorum omnium vel ullius ex ipsis amicitiam fiat, non opus erit nobis ad illustrissimorum Ordinum authoritatem confugere, vel mendacia et sycophantias refutandi onus suscipere ; sed per typographorum benevolen- tiam voti compotes esse malumus et speramus. Quod si per tuam fieri possit operam, ad omnia erga te officia prompti et parati erunt 23 dec] OF GENERAL ASSEMBLY, 1647 345 ' Fratres tui amantissimi, Nationalis Synodi Ecclesiae Scoticanae delegati, omniumque nomine, Direct: 4 Moderator et Scriba Synodi.' Fratri nostro charissimo Fratri nostro charisslmo Magistro Alexandro Petreio Magistro Gulielmo Spang Ec- Eccleske Scotorum que est clesice Scotorum que est m Roterodami Pastor i. civitate Verensi (vulgo Cam- phiriam vocant) in Zelandia Pastor L The Comission, considering the letter from the Provinciall of Kirk of Ch n ' Rosse, recomends to the brethren that are vpon the Comission anue ' for visitation of the Vniversity of Sanct Andrewes to speak to the Thesaurer, at their meiting, concerning the businesse of the kirk of Chanrie, and Messrs. Andro Ramsay, William Colvill, and Mungo Law shall assist the busines befor the Comission for planting of kirks as they shall be desired. The Comission, having considered the papers concerning Mr. Mr. James James Sympson, minister of Sproustoun, and his answers, Think s y msone - fitt that the matter be delayed vntill the nixt quarterly meit- ing, that Mr. James may then clear him selfe of all suspition of Antinomian tenets by way of declaration, and be ready to give further satisfaction in the poynts of his discourse and conference contained in the said papers, if it be required : As also to clear him selfe if he said to the laird of Clerkingtoun that he found no thing in Crispe[s] book that might not suffer a good sense. The Comission desires Mr. Mungo Law to assist the peti- Leivtennent tion of the relict of Leivtennent Collonell Bryson to the siSis^ct^* honourable Comittee of Estates, that shee may receave satis- faction for her husbands arreirs, who died in the publick service. Edinburgh, 8 February 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson: Mr. Andro Affleck : Mr. Walter Bruce: Mr. James Guthrie: Mr. George Hamilton: Mr. Colin Adam: Mr. Patrik Gillaspie : Mr. Robert Ker : Mr. Robert Ramsay : Mr. George Hutcheson : Mr. William Rait: Mr. David Calderwood : Mr. Robert Blair: Mr. Andrew Fairfull: Mr. Alexander Spittle: Mr. Johne Nevey : Mr. Zachary Boyd: Mr. John Livistoun: Mr. Bernard Sanderson: Mr. Robert Baillie : Mr. Mungo Law: Mr. Johne Hay: Mr. Thomas Kircaldie : Mr. John Barclay: Mr. Robert Knox: Mr. * Samuell Rutherfurd : Mr. William Colvill: Mr. 346 PROCEEDINGS OF COMMISSION [8 FEB. Comittee for tryall of scandalls of malignant doc- trine in this town. Brother directed to the Presbytery of Edinburgh. Letter to the Presbytery of Strathbogie concerning Mr. John Redfurd and the kirk of Aberchirdour. Robert Lawrie : Mr. George Gillaspie : Mr. Androw Steanson : Mr. James Hamiltoun. Elders. — Dundas : Balmayn. This day the Moderatour shew the reasones why he convened the brethren at this tyme, becaus the Comissioners at London had desired that both the Comittee of Estates and Comis- sioners of Assembly might be frequently conveaned to heir their report. And sieing the Lord Chancellor and remanent Comissioners wer not yet come to towne, the Comission resolved to stay and attend the report of the said Comissioners. The Comission, vnderstanding of some scandalls vpon some of the ministers in this town for preaching against the Cause and publick proceidings therin, Do therfor appoint Messrs. David Calderwood, Robert Blair, Robert Baillie, and Robert Ker, to be a comittee for tryall therof, with power to them to call the parties and any others who can give information befor them, wherin they shall report their diligence to this Comission. The Comission desires their brother, Mr. David Calderwood, to goe to the Presbytery of Edinburgh and crave of them that a report may be sent of their diligence in the recomendation sent vnto them concerning some scandalls vpon the preaching of some of their ministers of this town, and to shew also that the Comission lies now appointed a comittee of their owne number for tryall therof. Concerning the answer to the Presbyterie of Strobogie and the matter of the kirk of Aberchirdour, the Comission resolves to returne the answer following : — ' Reverend and loving brethren, — Having considered your letters and informations sent therwith, and heard Mr. John Ridfurd also at full lenth, and finding that your selfes had once rejected the reasones given in against Mr. John, Wee think it strange that vpon the same reasons yow should have delayed all this tyme his admission, especially when they wer given in by one that was so j ustly cast out of that place : And therfor it is our opinion and advise that yow proceid without more delay to the admission of your brother, Mr. John (that yow be not found to blame for suffering that kirk of Aberchirdour be vaiking so long), and that notwithstanding of these reasons or appellations given vnto yow by Mr. Richard Maitlane, wherin we sie no weight or ground to refuse or delay the admission. This is all we have to say, comitting the busines to yow to doe 8 FEB.] OF GENERAL ASSEMBLY, 1648 347 in it as ye will be answerable, and having thus exonered our selfes by our free and brotherly advyse, we remaine, 1 Your loving brethren, The Comissioners of the General Assembly/ The Comission desires the brethren formerly appointed, Concerning viz., the Moderator, Mr. George Gillaspie, and John Smith? s °° 1 * steri yet againe to speake the Thesaurer for the 500 lib., and report his answer to the Comission. The Comission, finding that Mr. James Strachan cannot be Mr. James put in a capacity of an expectant, Doe therfor appoynt adver- Strachan - tisment to be sent heirof to the Presbyterie of Mernes : But in respect of Mr. James his necessitous condition, they do seriouslie recomend him to the Presbyterie and Province, that they may take some course for contributing some charitie for the present maintenance of him and his familie. This day Mr. Samuell Rutherfurd produced tuo papers bearing the Report of some Comittees of the Houses of Parlia- ment in England and Assembly of Divines, which wer read. The Comission of Assembly, vnderstanding that the Lord Lord Semple Sempell is taken from the schooles vpon some purpose to marie him vpon on of the Lord Mordingtons daughters, who is a Papist, Doe therfor conceive it necessary for preventing of such a mariage, — which, as it is vnlawfull, so may prove very dangerous to the young nobleman — that the Presbyterie of Chirneside be advertised heirof, that they may take some course to prevent and hinder the mariage, both heir in this Kirk and in England, by giving intimation to the Lord Mordington of the vnlawfulnesse of such mariage, and by any other wayes they shall judge fitting. The Comission, considering the recomendation of the late Mr. George Assembly in favour of Mr. George Hanna, his wyfe, and Hanna - children, Doe appoint letters to be written to the Presbytery and Patron, seriously desiring that the recomendation of the Assembly may be effectuall to him, and that he may have the vacant stipend according to that recomendation : And, sieing it is in the power of the Presbyterie to dispose thervpon, that he be secured therin befor the admission of any presented by the Patron to that kirk. 348 PROCEEDINGS OF COMMISSION [10 FEB. Masse by the Frensh agent. 2d minister to Air. 3 Comittees. Comittee for tryall of scan- dalls of malig- nant doctrin in Edinburgh. The Comission will take to their consideration the mater, referred by the Presbytery of Edinburgh to the Secreit Counsell, concerning the Frensh agents preist, and consider what is to be done in it, as also concerning traffiqing Sectaries in this kingdome, and desires every brother to be thinking with him selfe what is fit to be done therin. The Comission appoints Messrs. David Dickson, Robert Blair, and Samuell Rutherfurd to assist Mr. William Adair for a 2d minister to Air befor the Comission for planting of kirks, conforme to the recomendation of the Assemblie. Concerning the bringing of adulterers and incestuous persones befor the Justice, the Comission will consider of it the nixt meiting. Edinburgh, 10 Februarij 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Zachary Boyd: Mr. James Guthrie : Mr. Patrik Gillaspie : Mr. William Colvill : Mr. George Leslv: Mr. Robert Knox: Mr. James Fleming : Mr. Robert Baillie : Mr. Oliver Colt : Mr. Androw Affleck : .Mr. Mungo Law : Mr. Alexander Spittle : Mr. John Hay : Mr. Ephram Melvill : Mr. George Bennet : Mr. George Murray : Mr. Bernard Sanderson : Mr. Robert Birnie : Mr. Thomas Melvill : Mr. Walter Bruce : Mr. William Rait : Mr. Hew Mackell : Mr. Samuell Rutherfurd : Mr. John Livistoun : Mr. George Hamiltoun : Mr. George Hutcheson : Mr. James Xasmith : Mr. Thomas Kirkcaldie: Mr. David Fletcher: Mr. David Dickson: Mr. John Bell : Mr. James Hamiltoun : Mr. Androw Ramsay : Mr. Robert Lawrie : Mr. Alexander Dickson : Mr. Thomas Yassie : Mr. Patrik Scheill : Mr. Alexander Liviston : Mr. Harie Liviston : Mr. Francis Aird: Mr. James Marten : Mr. Frederick Carmichaell : Mr. John Barclay : Mr. Colin Adam: Mr. John Smith: Mr. Andrew Fairfull. Elders. — Crafurd : Glencairne : Cassills : Scotscraig : Kilsyth : Greanhead : Balmayn : Dundas : Libertoun : Xewtoun : James Stewart : George Porterfeild. The Comission thinke fitt that the brethren divyd them selfes in three comittees, viz. the brethren of the West by them selfes, the brethren of Lothian and the South by them selfes, and the brethren of Fyfe and of the North by them selfes, To consult vpon the present condition of affaires and to give their opinions of what is fitt by the Comission and the Ministrie to doe at such a tyme, and also take in reports from Presbyteries concerning malignants : Fvfe and the North to meet in this place ; Lothian and the South in the New kirk at the Tron, and the brethren of the West in the Midd kirk at two afternoon. The Comission appoynts the brethren before named to try the scandalls of some particulars preaclied by some ministers in Edinburgh, viz. Messrs. David Calderwood, Robert Blair, ii FEB.] OF GENERAL ASSEMBLY, 1648 349 Robert Baillie, Robert Ker, with Messrs. Samuell Rutherfurd and Messrs. Hew Mackell, Robert Knox, and James Nasmith, Scotscraig, Greanhead, Dundas, and George Porterfield, now- added, and to meet for that purpose at four houres in this place, and appointes them also to tak in the report of the Presbytery of Edinburgh, if it shall come vnto them, and to present it to this Comission. The nixt meeting the morne at 10 houres. Edinburgh, 11 February 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. James Guthrie : Mr. James Fairly : Mr. John Adamson : Mr. George Gillaspie : Mr. Mungo Law : Mr. George Lesly : Mr. John Hay : Mr. Ephram Melvill : Mr. George Bennet : Mr. Alexander Rollock : Mr. Bernard Sanderson : Mr. George Hutchesoii : Mr. Hew Mackaell : Mr. Robert Baillie: Mr. James Nasmith: Mr. Robert Birnie : Mr. George Hamil- toun : Mr. James Marteen : Mr. Fredrick Carmichell : Mr. Walter Bruce : Mr. John Barclay : Mr. Robert Knox : Mr. David Fletcher : Mr. David Calderwood : Mr. William Colvill : Mr. James Hamiltoun : Mr. Androw Fairfull : Mr. David Dickson : Mr. Thomas Vassie : Mr. Patrik Sheill : Mr. Alexander Livistoun : Mr. George Murray : Mr. John Livistoun : Mr. John Bell : Mr. Alexander Dickson : Mr. Zacharie Boyd : Mr Francis Aird : Mr. Thomas Kircaldie : Mr. Samuell Rutherfurd : Mr. John Smith : Mr. Patrik Gillaspie : Mr. Androw Affleck : Mr. Robert Laurie. Elders. — Craufurd : Glencairne : Cassills : Tullibairne : Cal- lendar : Yester : Barganie : Garthlane : Greanhead : Kilsyth : Balmayn : Dundas : Libertoun. This day Mr. Archbald Newtoun, Moderatour of the Presby- Reponofthe terie of Edinburgh, being sent in from the Presbyterie, did ESnburgh.° present this answer in their name to the desire of the Comission sent to them yesterday by Mr. David Calderwood : That the reference they receaved concerning scandalls vpon the doctrine of some of the ministers in this towne wes generall, neither con- discending vpon persones nor the scandalls, and that they never hard of any particulars ; But hearing of some thing preached by Mr. Androw Ramsay, since that reference came to them, they entred in try all thereof, and Mr. Archbald produced the extract of their diligence therein. The Comission appoynts Messrs. David Dicksone, John Lord Hacker- Adamson, Robert Baillie, and James Hamiltoun to concure J°J|" S Sl§na " with the commissioners of the Vniversitie of St. Andrewes for stoping Lord Hackertons signator, 1 and to present the pre- 1 Probably granting or prorogating to him a tack of the teinds of Halkerton, of which St. Mary's College, St. Andrews, were titulars, and which had been 350 PROCEEDINGS OF COMMISSION [12 FEB. judice of the Kirk therein, and to oppose the same befor the Exchequer, and to doe everie other thing necessar for preserving the right of the Vniversitie and the Kirk. Mr. Zachary The Comission appoynts Messrs. David Dickson, Robert Boyd. Blair, and Samuell Rutherfurd to assist Mr. Zachary Boyd before the Comission [for] planting of kirks. Mr. Andro The Comission referrs Mr. Andro Ramsay es papers, and the re- Ramsay. p 0r ^ concerning him presented by the Moderatour of the Presby- terie of Edinburgh to be considered by the Comittee appoynted yesterday for tryall of some scandells of ministers preaching. Comittee for The Comission thinks fitt that it be taken to consideration ph^nUiefancT 1 ^ 0 " now tnat ai 'ticle °f the Covenant against prophanity and for personaii refor- reformation of our selfes and our followers may be better observed, and the transgressours punished, and appoynts Messrs. David Calderwood, David Dickson, And row Cant, Robert Ramsay, George Gillaspie, Samuell Rutherfurd, Robert Knox, John Smith, John Livistoun, and James Guthrie, with the Moderatour, Cassillis, Yester, Scotscraig, Kilsyth, Dundas, Balmayn, Libertoun, Laurence Henderson, and George Porter- field, to be a Comittee, and to meet presently after dissolving. The Comission appoynts the Comittee for personaii Refor- mation to consider whether ther be necessity of a petition to the Comittee of Estates, and if they find necessity of it, to think vpon the the matter thereof. The nixt meiting the morne at 10 houres. Edinburgh, 12 February 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Affleck: Mr. James Guthrie: Mr. Zachary Boyd: Mr. Hew Mackaell : Mr. David Dickson : Mr. James Hamiltoun : Mr. Alexander Dickson : Mr. Robert Birnie : Mr. George Murray : Mr. Bernard Sanderson : Mr. David Calderwood : Mr. Samuell Rutherfurd : Mr. Robert Ramsay : Mr. Colin Adam : Mr. James Fleeming : Mr. David Fletcher : Mr. Alexander Spittle : Mr. George Bennet : Mr. Alexander Livistoun : Mr. George Lesly : Mr. John Nevey : Mr. Androw Steanson. Elders. — Libertoun : George Porterfield. The Comission thinks fitt to dissolve, that the Comittee ap- pointed for considering of a petition to the Comittee of Estates may meet to consider that busines and report their opinions. The nixt meiting on Monday at ane afternoone. leased to the King's Master Hawker in 1586 on terms disadvantageous to the College, as the price of Andrew Melville's restoration. — See Diary of James Melville^ p. 166. 14 FEB.] OF GENERAL ASSEMBLY, 1648 351 Edinburgh, 14 February 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. James Guthrie: Mr. James Fleeming: Mr. James Hamiltoun : Mr. George Lesly: Mr. Alexander Dickson : Mr. George Bennet : Mr. Alexander Rollock : Mr. HarieLivistoun: Mr. John Bell: Mr. AndrowSteanson : Mr. David Dickson : Mr. Robert Baillie : Mr. Colin Adam : Mr. John Ramsay : Mr. William Livistoun : Mr. Robert Knox : Mr. David Fletcher : Mr. Robert Ker : Mr. Androw Fairfoull : Mr. Alexander Spittle : Mr. J ohn Hay : Mr. Alexander Livistoun : Mr. George Murray : Mr. George Livistoun : Mr. Hew Mackaell : Mr. John Nevey : Mr. Robert Ramsay : Mr. Robert Birnie : Mr. George Hamiltoun: Mr. James Marteen: Mr. John Barclay. Elders. — Earl Angus : Dundas : Liberton. The Comission, finding a generall prophanitie and loosnes in Comittee for the land, notwithstanding our League and Covenant for per- matioTas^t i° r ~ sonall reformatione, and the many Acts of Kirk and State for now appointed, punishing such offences, Therfor they perceave it very necessary that some course be thought vpon how the Acts of Kirk and State may be put to execution against them : And finding, by the report of the former Comittee appointed to this purpose, that it will be a worke requiring brethren out of diverse parts of the countrey,Doe therfor appoynt Messrs. David Calderwood, Robert Ker, William Colvill, George Gillaspie, Mungo Law, Andro Fairfoull, James Hamiltoun, Robert Blair, Samuell Rutherfurd, Frederick Carmichaell, John Smith, Patrik Gil- laspie, Andro Cant, Andro Affleck, Alexander Rollock, George Murray, John Barclay, Robert Knox, James Guthrie, David Fletcher, David Dicksone, Robert Ramsay, Robert Baillie, Hew Mackall, John Livistoun, George Hutcheson, and Ber- nard Sanderson, with the Moderatour, Scotscraig, Greanhead, Newton, Dundas, Liberton, Kilsyth, and Balmayn, to be a Comittee to consider therof, and of any overturs fitting for restraining the generall prophanitie and lewdnes in the land : And to report their opinions. The Comission appoints, for a Comittee to consider the comittee for matter of a petition to the Comittee of Estates, and to draw the ^comutee draught of it and report the morne, Messrs. David Calderwood, of Estates. Robert Knox, Andro Fairfull, Robert Baillie, George Gillaspie, David Dickson, George Lesly, James Guthrie, William Livis- toun, Colin Adam, James Hamiltoun, and Androw Steanson, Angus, Dundas, Libertoun, with the Moderatour, and to meet presently after dissolving of this meiting. The nixt meiting the morne at 10 houres. 352 PROCEEDINGS OF COMMISSION [15 FEB. Edinburgh, loth February 1648. Sederunt: — Ministers. — Mr. Robert Doug-las, Moderatour. Mr. George Gillaspie : Mr. Androvv Fairfull : Mr. Robert Knox : Mr. Androw Cant: Mr. James Hamiltoun : Mr. Harie Livistoun : Mr. James Guthrie : Mr. George Hamiltoun: Mr. John Liviston : Mr. James Nasmith : Mr. Hew Mackall : Mr. Frederick Carmichaell : Mr. John Barclay: Mr. William Livistoun : Mr. Alexander Spittle : Mr. Robert Birnie : Mr. William Colvill: Mr. John Adamson : Mr. Alexander Rollock : Mr. Robert Lawrie : Mr. James Fleeming : Mr. Androw Ramsay : Mr. Mungo Law : Mr. David Calderwood : Mr. Robert Baillie : Mr. David Dickson : Mr. David Fletcher : Mr. Androw Steanson : Mr. Colin Adam : Mr. George Hutcheson : Mr. George Bennet : Mr. Bernard Sanderson: Mr. Patrik Gillaspie: Mr. Alexander Livistoun: Mr. James Marteen : Mr. John Hay: Mr. Alexander Dickson: Mr. John Bell: Mr. George Murray: Mr. Francis Aird : Mr. Walter Bruce : Mr. Andro Affleck : Mr. Ephram Melvill. Elders. — Crafurd : Eglingtoun : Glencairne : Tillibairne : Finlator : Tweddell : Kilsyth : Scotscraige : Dundas : Balmayn : Liber- toun : Newton : George Porterfield : Laurence Henderson. David Concerning the petition of David Grahame, 1 some tyme of tymeofGorSTe. Gorthie, for relaxing him from excommunication, The Comis- sion appoints the Presbyterie of Auchterardour, with concur- rence of Messrs. Robert Murray, Alexander Rollock, John Crewkshank, William Row, Robert Young, Laird Freiland and Baccheltoun, out of Perth Presbyterie, to heare the said David Grahame, to conferr with him, to receive any declaration or confession vnder his owne hand, and to examine the sinceritie of his repentance, as also the way of his conversation, and to make report of all to this Comission, that thereafter they may take such further course concerning his desire as they shall find reasonable. This day the report of the Comittee for drawing a petition to the Comittee of Estates being read, The Comission approves the petition, and appoints Messrs. David Calderwood, David Dickson, Andro Cant, Robert Knox, and the Moderatour, with Kilsyth, Dundas, and Libertoun, to present it. Tenor whairof followes : — 6 Vnto the Right Honorable the Comittee of Estates, The 4 humble petition of' the Comissioners of the Generall Assembly, 6 Humblie sheweth, — 6 That as it hath alwayes been acknowledged most expedient 1 A zealous adherent of Montrose, and forfeited and excommunicated for taking part with him. On 7th January 1661, with other Grahams, he took down the head of his beloved leader from the pinnacle of the tolbooth of Edin- burgh and kissed it, and it is said that he died the same night. Petition to the Comittee of Estate 15 FEB.] OF GENERAL ASSEMBLY, 1648 353 that their be a tymous and cleare correspondence between your Lordships and ws in the prosecuting of the comon Cause and Covenant, and the want of such correspondence could not but be of very dangerous consequence, so we conceive ther wes never mor need of it then at this tyme, when ther is a generall expectation of somewhat which may be of highest concernment to the Covenant and Religion ; Wherfor, having been these eight dayes past attending heir, we now desire that your Lord- ships will be pleased with the first conveniencie to make known vnto ws the true state of any busines relating to the Covenant and Religion before your Lordships proceid therin, which if your Lordships shall be pleased to doe, we doe not doubt but within few dayes your Lordships may have such a returne from ws as your Lordships shall have reason to be, and (we hope) will be satisfied therwith. And your Lordships answer.'' The Comission of Assembly Doe renue their humble desire Desires to the to the honorable Lords of Counsell for restraining trafficking cernfng^ec" sectaries, and doe also seriously recomend, That according to tJ V ies and * e 7 J / ° education of the 39 Act of the late Parliament concerning 6 the education of the Earie children vnder Popish parents or tutors," 1 their Lordships may LoSTiordin- be pleased to provide and appoint some way for the religious fod^eils'chif 11 " education of the daughters of George, Earle of Wintoun, who dren. being vnder the charge of their mother, the Count esse of Win- toun, ane excomunicat papist, ar bred with her in Poperie ; And also of the daughters of the Lord Mordingtoun, who ar hither- tills bredd in Poperie, and will be confirmed therin, if they shall be permitted to stay with their mother, the Lady Mording- toun, who is a knowen obstinat papist : Humbly lykewise desiring that their Lordships may be pleased to take course that the children of the laird of Pitfoddells be not corrupted in their religion by their education in France, wher they now ar, according to the Act of Parliament before expressed, and other Acts therin mentioned. And appoynts the Moderatour and Messrs. William Colvill, George Gillaspie, James Hamil- toun, and Mungo Law, with Dundas and Libertoun, to present in their names to their Lordships those their humble desires. The Comission of Assembly Doe appoynt the persones befor- Desires to the named to represent also to the Honorable Lords of Privie Coun- c z cerning mar- 1 Thomson's Acts of the Parliaments of Scotland, vol. vi. Pt. I. p. 795. prdsts^ 354 PROCEEDINGS OF COMMISSION [16 FEB. Desires to the Counsell con- cerning excom- municat per- sones. Lord SempU Comittee for personall reformation. sell the frequency of marriages by preists in the North, parti - cularlie the marriage of Patrik Grant of Phanesse with Sophia Hav, and of Robert Irwine with Jean Menzies, all maried by priests, and cohabiting together, to the great offence of the godly : Humbly desiring their Lordships to take some course in their wisdomes with such vnlawfull manages, and to prevent the lyke in tyme coming. The Comission of Assemblie Doe humblie represent to the Honorable Lords of Privie Counsell, that, notwithstanding of many laudable Acts of Parliament, both of old and of late, against excommunicat persones, yet the same are not put to execution, but, on the contrair, excomunicat persones are conversed with familiarly, to the great contempt of that dreadfull ordinance of God, particularly Robert Irwin, living in Aberden, long since excommunicat, and against whom horn- ing and caption wes raised and put in the hands of the magis- trats of Aberden, and not yet putt to execution. The Comission appoints Messrs. Robert Ramsay and Robert Baillie to speak to the friends of the Lord Semple for his education at schooles wher he wes, and to report their answer. The Comission appoints the Comittee for restraint of pro- phannes to meet afternoone at tuo houres in this place, and refers to the same Comittee to consider what shall be done in that matter concerning the Frensh agent his having masse in his house. The Comission to meet at four houres. Edinburgh, 16 Februarij 1648. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. James Guthrie : Mr. David Fletcher : Mr. David Calderwood : Mr. Alexander Spitle : Mr. George Bennet : Mr. George Gledstones : Mr. John Livis- toun : Mr. John Bell : Mr. David Dickson : Mr. Robert Ramsay : Mr. Fredrick Carmichaell : Mr. Walter Bruce: Mr. John Barclay: Mr. Robert Knox : Mr. Robert Cuninghame : Mr. Androw Steanson : Mr. Robert Ker : Mr. John Hay: Mr. Alexander Rollock : Mr. Bernard Sanderson: Mr. George Hutcheson : Mr, John Nevey : Mr. Zachary Boyd : Mr. James Marteen : Mr. Patrik Gillaspie : Mr. Andro Affleck : Mr. Androw Cant : Mr. George Gillaspie, Elders. — Kilsyth : Dundas : Libertoun : James Stewart : George Porterfield. Contribution ^ * s this day appointed that James Stewart, baillie, deliver forArgiie. the sowme of 1720 lib., 2s. to Mr. Archibald Maccallane, Minister, who is appointed by the Presbyterie to receive the same. 16 FEB.] OF GENERAL ASSEMBLY, 1648 355 The Comission appointeth this day, that letters be written to Mr. Robert every Synod in favours of Mr. Robert Lindsayes relict, for Lmdseys rellc sending to her the charity they have collected ; To which effect it is to be desired that the roll of the Synod be called to see who lies not payed, and that what shall be receaved may be given to him who was appointed by the Generall Assemblie, to be brought into the Comission, that the relict may receave it. The nixt meeting at tuo afternoon. Edinburgh, 16 February 1648, post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Ramsay : Mr. Robert Ramsay : Mr. Androw Cant : Mr. George Hamil- toun : Mr. James Guthrie : Mr. George Hutcheson : Mr. Alexander Rol- lock : Mr. Walter Bruce : Mr, Alexander Dickson : Mr. Oliver Colt : Mr. George Lesly : Mr. John Livistoun : Mr. Bernard Sanderson : Mr. Alex- ander Spittle : Mr. Robert Cuningham : Mr. George Murray : Mr. Hew Mackaell : Mr. Thomas Kircaldie : Mr. John Ramsay: Mr. William Livistoun: Mr. James Hamiltoun : Mr. Robert Baillie : Mr. David Calder- wood : Mr. David Dicksone : Mr. 'William Colvill : Mr. Androw Affleck : Mr. George Gillaspie : Mr. Colin Adam : Mr. John Nevey : Mr. Robert Lawrie : Mr. John Hav : Mr. John Barclay: Mr. Robert Knox: Mr. David Fletcher : Mr. Patrik Gillaspie : Mr. John Bell : Mr. James Nasmith: Mr. George Bennet: Mr. George Gledstones: Mr. Francis Aird: Mr. George Hamiltoun : Mr. James Marteen : Mr. Samuell Rutherfurd: Mr. Alexander Livistoun : Mr. John Adamson : Mr. James Fairly. Elders. — Argyle : Eglintoun : Finlatour : Angus : Craighall : Dundas : Libertoun : Mr. Robert Nairne : George Porterfield. This day the Lord Chancellour and the Earle of Lauderdaill Relation by having produced his Majesties letter, and made relation of an d Lawder- affaires in England relating both to Religion in England and dale - the Kings condition, The Comission desired their Lordships to be pleased to soume 1 the heads of their discourse in writting, that they may the better know what to consult and give advise vpon ; the matter being of such consequence as they cannot trust to their owne memories and adventure to give opinion in the mater, without having the purpose represented to them in writ ; And the Lord Chancellar promised to put it in writing and send it in with all convenience. The Comission, in respect of the gravity and consequence Committees, of maters now to be considered, Thinks that there should be a fast for the Lords direction for advise, and therfore appoints Soume, i.e. sum, as in title of Rutherfurd's Catechism. 356 PROCEEDINGS OF COMMISSION [17 FEB. the Comisssion to divyde them selfes in three severall comittees as formerly, and thinke upon causes for a fast, and of the tyme of it : As also that this Comittee thinke vpon the busines related by the Lord Chancelar, when the same shall be sent in writt by his Lordship. Tenor of the Kings letter followes : — ' Charles R. The Kin^s ' Trustie and wel-beloved, — Wee greet yow well. We have Letter. intrusted the Comissioners sent to ws from the Kingdome of Scotland to communicat to yow our condition and resolutions : And seeing we have resolved so farr to agree to the desire of the Kirk and Kingdome of Scotland concerning the Covenant and setling Religion, as we are confident will give yow satisfaction : Wee trust and expect yow will, according to yourplace anddewtie, give evidence that your zeale to Religion doeth no wayes lessen, but strenthen your loyaltie to your King, and that yee will contribute your endevours that trueth with a lasting peace may be established, and religion and righteousness may flourish vnder our government, whereby yow will both doe acceptable service to God and to your native Prince. ' Given at Carisbrook Castle, the 27 of December 1647/ Direct : For our trustie and welbeloved the Moderator and Comissioners from the Generall Assemblie of the Church of our Kingdome of Scotland. Edinburgh, 17 Februarij 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. James Guthrie: Mr. Androw Steanson : Mr. James Fleeming : Mr. James Fairlie: Mr. George Lesly : Mr. Alexander Dickson: Mr. George Bennet: Mr. George Murray : Mr. George Gledstons : Mr. John Livistoun : Mr. John Bell: Mr. JohnXevey: Mr. James Nasmith : Mr. Thomas Kircaldie : Mr. Samuell Rutherfurd : Mr. James Marteen : Mr. Walter Bruce : Mr. John Barclay: Mr. Robert Knox: Mr. David Fletcher : Mr. David Calder- wood : Mr. Robert Ker : Mr. Androw Fairfull : Mr. Alexander Spittle : Mr. John Hay : Mr. Alexander Rollock : Mr. Harie Livistoun : Mr. Bernard Sanderson : Mr. George Hutcheson : Mr. Hew Mackaell : Mr. Zachary Boyd : Mr. Robert Birnie : Mr. Colin Adam : Mr. William Livis- toun : Mr. Androw Affleck : Mr. Androw Cant : Mr. David Dickson. Elders. — Earle Lothian : Kilsyth : Balmyn : Dundas : Libertoun. Report from the This day the brethren of Lothian and the South reported Comittees. ^ weg ^[j. opinion that ther be a fast, and that the Honorable Comittee of Estates and the Comission may joyne in it, and be humbled together befor God, and seek counsell 17 FEB.] OF GENERAL ASSEMBLY, 1648 357 from him in this great affair befor anything be concluded ; And that their Lordships be advysed for the tyme of it. And that it is their opinion also that their Lordships be thanked for their correspondence, and that it be represented that the Comission expects a sume of the Lord Chancellars and Lord Lauderdaills relation, at least in that concerning Religion and the Covenant, to be communicat to them in writing, that they may the better know how to return their opinion in it. The two Comittees report wes almost coincident with this report abone written. The Comission, taking to their consideration the Report of the Brethren, appoints a drau ght to be drawn of the particulars in the report to be presented to the Comittee. Tenor wherof followes : — 4 Vnto the Right Honorable the Comittee of Estates, The Commissioners of' the Generall Assemhlie 4 Humbly represent, — 4 That as your Lordships have begune to keep correspondence Petition to the with ws, for which wee returne our humble thanks to your Lord- E°ta\es e for f ships, desiring and expecting the continuance therof, and that py" in g in a wee may have in wryting a summary of the relation made to ws by the right honourable the Lord Chancellour and the Earle of Lauderdaill, at least of that part therof which more espe- cially concernes the Covenant and Religion ; so the matters comunicat to ws from your Lordships being of highest conse- sequence, we conceive it necessary that, in the verie entering thervpon, there be an extraordinarie humiliation for seeking counsell and direction from God, and that the Lord wold be pleased so to direct and ordour all consultations, debates, and conclusiones, which shalbe in this busines, as may resolve into that which shalbe most for the glory of God, the good of Religion, and the true hapines both of King and Kingdomes. Wee have left the day to your Lordships designation, and desire to know your Lordships pleasure therm.' The Comission approves the drawght, and appoints Messrs. David Calderwood, David Dickson, Andro Cant, and the Moderator, with Dundas and Libertoun to present the same to the Comittee. 358 PROCEEDINGS OF COMMISSION [17 FEB. Robert Grahame of Cairnie. Comissions granted to the lords of Coun- sell. Letters for the Contributioun for Argile. The Comission appoints Robert Grahame of Cairnie to repair to the Presbyterie of Auchterardor, that they and the brethren of Perth, adjoyned to them for hearing David Grahame, some- tyme of Gorthie, may deall and conferre with the said Robert to bring him to a sense of his offences, and to report to this Comission what evidence they find of repentance in him. In the mean tyme Messrs. James Guthrie, James Nasmith, and Alexander Rollock, shall conferre with him whilst he is in this toune, and report. The Comission appoints Messrs. Andro Cant, James Hamil- toun, and the Clerk, to consider of the Comission of the Coun- sell 1642, concerning preists and excomunicat papists, and see what is further to be done thereanent, and to report. The Comission appoynts the Comittee for personall reforma- tion to meet afternoone at two houres. The Comission appoints letters to be written to Presbyteries and Synods, that have not yet sent their contributiones for Argyle, to send them with diligence. Tenor wherof followes : — 6 Reverend axd lovixg brethren, — Notwithstanding of the frequent advertisment from the Assembly and their Comis- sioners from tyme to tyme for that charitable supplie to our distressed brethren in Argyle, yet we, vnderstanding yow have not sent anything vnto them, Therfor these are yet againe to desire yow without more delay to deliver it to this beirar, who is come expresly for it, their necessities being exceiding great ; expecting yow will not fail heirin, wee remain, * Your loving brethren, etc. 1 The nixt melting of the Comission at 4 afternoone. Edinburgh, 17 February 1648, post meridiem. Sederunt:— Ministers.— Mr. Robert Douglas, Moderatour. Mr. Andro Cant : Mr. Samuell Rutherfurd : Mr. George Hutcheson : Mr. Hew Mac- kaell : Mr. Androw Affleck : Mr. George Leslie : Mr. Oliver Colt : Mr. George Murray : Mr. George Gillaspie : Mr. George Gledstons : Mr. Zacharie Boyd : Mr. David Calderwood : Mr. David Dickson : Mr. James Fleeming: Mr. MungoLaw: Mr. John Livistoun: Mr. James Hamiltoun : Mr. Androw Fairfull : Mr. William Colvill : Mr. Robert Ker : Mr. John Bell : Mr. John Hay : Mr. Robert Ramsay : Mr. Walter Bruce : Mr. Colin Adam. Elders. — The answer from the Comittee of Estates being reported that their Lordships are heartily content to joyne in the fast, 1 8 FEB.] OF GENERAL ASSEMBLY, 1648 359 remitting the day to the Comission, Therfor the nixt Sabboth is appointed as the fittest day for it, and desire Messrs. Andrew Cant and David Dickson to intimat it to their Lord- ships. Edinburgh, 18 February 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson : Mr. Robert Baillie : Mr. Audrow Ramsay : Mr. Robert Knox : Mr. David Fletcher : Mr. Alexander Spitle : Mr. Robert Lawrie : Mr. George Lesly : Mr. John Livistoun : Mr. Colin Adam: Mr. George Hutcheson : Mr. Oliver Colt : Mr. Bernard Sandersone : Mr. George Gladstons : Mr. Zachary Boyd : Mr. William Colvill : Mr. Hew Mackaell : Mr. John Nevey : Mr. Thomas Kircaldie : Mr. Androw Cant: Mr. George Gillaspie : Mr. Samuell Rutherfurd : Mr. John Bell : Mr. Androw Affleck: Mr. James Fleeming : Mr. James Fairly: Mr. Robert Cuninghame : Mr. Alexander Livistoun : Mr. James Guthrie : Mr. Francis Aird : Mr. John Hay: Mr. George Hamiltoun : Mr. James Hamiltoun : Mr. Robert Ramsay : Mr. Alexander Rollock : Mr. William Livistoun : Mr. Mungo Law : Mr. David Calderwood : Mr. Androw Fair- full. Elders. — Earle Angus : Kilsyth : Balmayn : Dundas. The Comission desires the Moderatour and Messrs. David Thanks Mr. Calderwood and David Dickson, and any other of the number er e ' the Moderator thinks fitt to assume to himselfe, to goe to Mr. Herle 1 to welcome him to this toune, and thanke him for his respects to this nation, and the great kyndnes and courtisie he shew to our Comissioners whilst they wer at London. The Comission desires Messrs. David Dickson, Robert Baillie, Thanks to ]£3i^c CTcissill and Samuell Rutherfurd, with the Moderatour, to thank the Earle of Cassills for his caire of ministers provisiones, as also to goe to the Comission for planting of kirks, and desire their Lordships to sitt some few days for setling ministers stipends that ar now in dependance this session. 1 Herle of Winwick, appointed Prolocutor of the Westminster Assembly after the death of Dr. Twisse, and the famous Puritan preacher, Dr. Stephen Marshall, were selected to accompany the deputies of the English Parliament sent to Scotland in January 1648, professedly 'to preserve and keep a good correspondency and right understanding and perpetual agreement between the two kingdoms, by declaring the sincerity of the intentions of the Houses of Parliament to remove all misapprehensions or impressions that may have arisen in or been made upon our brethren of Scotland. ' Not a few, however, thought that the result, if not the intention, of their visit was to beget jealousies and divisions between the representatives of Church and State in Scotland at this important crisis in their separate treaty and negotiations with the king. 360 PROCEEDINGS OF COMMISSION [18 FEB. Bi r *J a Q es Comission appoints Messrs. Andrew Ramsay, William bum e and Colvill, Andro Cant, to speake the Thesaurer for Mr. James Daigerme. Blair, that his provision may be setled, as also concerning the planting of the kirks of Closeburne and Dalgernie. 1 Ancrum kirk. The Comission desires Messrs. Andrew Cant and Robert Ker to speake the Earle of Lothian to see how the kirk of Ancrum may be setled. The Comission, vnderstanding that James Murray is not yet satisfied, doe therfor appoint this letter to be sent in his behalfe to Presbyteries : — Letter to Pres- 1 Reverend and loving brethren, — Wee have often written behaifof James ^° y ow concernm g the moneys dew to James Murray, both of Murray. the 20 schillings and for the papers printed and sent vnto yow. The printer craves his executors, and they have no thing to pay. Therfor we must againe desire yow to send in with all diligence to Patrick Dickson that money that is dew to James, aither for the bookes or for that anuitie granted to him, which is the last he will receive from yow. Wee desire accompt from vow heirin, and if any of your number be vnwilling, or shift, that ye send to ws their names, that we may take such course as is prescribed by the Act of Assembly ; What other bookes are sent heirwith yow will receave, and send the pryces therof with diligence. Wee remaine, ' Your loving brethren, etc." Conference This day Lauderdaill, Lord Advocat, and Sir Alexander aSub-^omTttee Wedderburne, reporting that the Comitee hes appointed a Committee Sub-Comittee to consider of the present dangers, and to cor- of Estates. respond with the Comisioners of the Kirk, and sent them to desire the Comission to send some of their number to conferre with them. The Comission appoints Mr. Robert Douglas, Moderator, Messrs. David Calderwood, David Dickson, Andro Cant, Robert Knox, Robert Ramsay, William Colvill, Robert Blair, and John Livistoun, with the Lord Angus, Balmayn, Dundas, Kilsyth, and these appointed by the Assemblie to be Comis- sioners for the Treaty for Vniformity in England, viz. : — Messrs. Samuell Rutherfurd, Robert Baillie, and George Gillaspie, the 1 Dalgernie, or Dalgerno, was ultimately united to Closeburn. 2i FEB.] OF GENERAL ASSEMBLY, 1648 361 Marques of Argile, Balmerinoch, Waristoun, and Libertoun, to meet with the Sub-Comittee appointed by the Comitee of Estates, and to heare what propositions that Sub-Comittee hes from the Comittee of Estates, and to report the same to this Comission, that therafter they may know what further power to give them theranent, and desires Mr. Andro Cant to shew this to the Comittee to know the dyets of meeting of that Comittee appointed by their Lordships. The Comission appoints the Laird of Geight, Patrik Laird Geight. Graham of Phones, and Gordoun of Ardlogie, to be cited a " d to this Comission, becaus it is notor that Presbyteries where they live are overawed. The Comission desires that the Comittee of Estates may be Excomunicats remembred to take some course with the excomunicat per- m Dal £ etle - sones of the house of Dalgety. Edinburgh. 21 February 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas. Moderatour. Mr. Samuell Rutherfurd : Mr. Robert Knox : Mr. Androw Fairfull : Mr. Colin Adam: Mr. Patrik Gillaspie : Mr. John Livistoun : Mr. Robert Ramsay: Mr. Bernard Sanderson : Mr. David Dickson : Mr. Androw Affleck : Mr. John Hay: Mr. James Guthrie: Mr. Hew Mackaell : Mr. John Xevey : Mr. James Hamiltoun : Mr George Hamiltoun : Mr. George Hutcheson. Elders. — Dundas : Kilsyth: Libertoun: Balmayn. The Comission appoints Messrs. Hew Mackaell, Robert Knox, Androw Fairfull, and Samuell Rutherfurd, Dundas and Kilsyth, to goe to the Comittee of Estates and desire humbly that their Lordships may be pleased to appoint their dyets of meet- ing so as ther may be frequent meetings of the Comission for tveths and planting kirks, that ministers (especially such as ar attending in toun) may be setled in their provisiones, if the condition of the publick affaires may permitt the same : As also to repair to the Comission for planting kirks to thank their Lordships for their cair of ministers, and for the same reason desire them to appovnt as many dyets of their meeting as they can conveniently keepe, before the Parliament, and likwise desires them to give thanks to the Earle of Cassills, President, in particular, for his speciall cair in dispatching ministers and furthering their causes. The nixt meeting at tuo afternoone. 362 PROCEEDINGS OF COMMISSION [22 FEB. Eodem die post meriditm. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Anclro Cant: Mr. James Guthrie: Mr. Bernard Sanderson: Mr. John Adamson : Mr. Robert Baillie : Mr. David Dickson : Mr. Robert Knox : Mr. Robert Ramsay : Mr. Androw Affleck : Mr. David Fletcher : Mr. Alexander Livistoun : Mr. Alexander Rollock : Mr. David Calderwood : Mr. George Gillaspie : Mr. John Livistoun : Mr. John Nevey : Mr. George Hamiltoun : Mr. George Hutcheson : Mr. George Gledstons : Mr. Samuell Rutherfurd : Mr. John Bell : Mr. Patrik Gillaspie : Mr. John Paterson : Mr. Colin Adam : Mr. Francis Aird : Mr. William Colvill : Mr. Robert Ker : Mr. William Livistoun. Elders. — Lord Angus: Kilsyth : Balmayn : Libertoun : Dundas. Kirk of The Comission advises the arbiters in the mater concerning Eymouth. ^he kirk of Eymouth to wryt to the Presbytery of Chirnsyd to plant the kirk of Eymouth with diligence. Appoyntment The Comission appoynts Messrs. David Dickson, William fro C m a the 500lib ' Colvill, and Robert Baillie to go to the Thesaurer and desire Thesaurer. payment of 500 lib. sterling from his Lordship, and to shew him, if his Lordship will not take course in it, that they will be forced to complaine to the Parliament. Sir Robert Concerning the desire of Sir Robert Murray for a young desire ayeS man to his Regiment, The Comission desires the brethren thinke vpon some young man fitting for that employment. The nixt meeting the morne at 10 houres. Edinburgh, 22 February 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Calderwood : Mr. Andro Affleck : Mr. Robert Knox : Mr. David Dickson : Mr. Mungo Law : Mr. George Gledstons : Mr. Samuell Rutherfurd : Mr. John Livistoun : Mr. George Hamiltoun : Mr. Colin Adam : Mr. Zachary Boyd : Mr. Robert Cuninghame : Mr. Francis Aird : Mr. William Livistoun : Mr. Hew Mackaell : Mr. Androw Fairfull : Mr. James Hamiltoun: Mr. Androw Lauder: Mr. Androw Ramsay: Mr. Androw Cant: Doctor Colvill: Mr. William Colvill: Mr. David Fletcher: Mr. Patrick Gillaspie: Mr. Bernard Sanderson: Mr. James Guthrie: Mr. John Nevey : Mr. George Hutcheson: Mr. Robert Ker: Mr. Robert Baillie : Mr. Alexander Dickson : Mr. James Marteen : Mr. John Hay: Mr. Alexander Rollock: Mr. George Gillaspie : Mr. James Nasmith : Mr. William Chalmer. Elders. — Eglingtoun : Angus : Philorth : Balmayn : Kilsyth : Dundas : Newtoun : Tilliquhillie : Libertoun : Scotscraige : Greanhead : George Porterfield : Laurence Henderson. Relation of This day the relation of the Lord Chancellar and Lauderdaill an°d d Lawde?- elar was sent m wr ^ according to their promise, and it being read, dale. The Comission thinks fitt first to take to their consideration the Kings particular concessions relating to his letter. 22 FEB.] OF GENERAL ASSEMBLY, 1648 363 The Comission of Assembly, after serious consideration of Votes upon the the first article of the Kings concessions concerning the ^ssion*' °° n League and Covenant, find vnanimously that the said article is destructive to the Covenant. The Comission of Assembly, taking also the 2d article of Vote vpon the Kings concessiones to consideration, doe vnanimously find 2d concesslon - the same destructive to Presbyteriall Government, the Directory for Worship, and the Vniformitie intended according to the League and Covenant. The nixt meeting at tua houres. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Ramsay : Mr. David Dickson : Mr. Ephram Melvill : Mr. Androw Affleck : Mr. Androvv Fairfull : Mr. Androw Lauder : Mr. David Fletcher: Mr. Oliver Colt: Mr. James Guthrie: Mr. George Hamiltoun: Mr. John Nevey : Mr. William Chambers : Mr. Zachary Boyd : Mr. Bernard Sanderson : Mr. William Colvill : Mr. Hew Mackaell : Mr. Robert Lawrie : Mr. George Gillaspie : Mr. David Calderwood : Mr. John Adamson : Mr. Androw Cant: Mr. George Lesly : Mr. Robert Knox : Mr. Robert Cuninghame : Mr. Robert Ker : Mr. Francis Aird : Mr. James Xasmith : Mr. Patrick Gillaspie: Mr. George Hutcheson: Mr. Alexander Rollock : Mr. John Hay: Mr. James Hamiltoun: Mr. George Gledstones : Mr. Colin Adam: Mr. John Livistoun : Doctor Colvill : Mr. James Fleeming : Mr. Samuell Rutherfurd. Elders. — Cassills : Angus : Philorth : Kilsyth : Balmayn : Dundas : Libertoun : Newtoun : George Porterfield. Concerning the 3d article of the Kings concessiones, tuching vote concerning suppressing haeresie and schisme, the Commission of Assembly l ^ D 3d conces " doe approve the suppressing of the particular haeresies and schismes enumerat ; But find the article dangerous and defective in omitting Erastianisme and other errors and haeresies, especiallie Poperie and Praelacie ; which may be destructive to the Covenant in ministering occasion to Papists and Praelates to plead for a toleration. The Comission appoints Messrs. James Guthrie, Colin Adam, Androw Fairfull, Doctor Colvill, Hew Mackaell, James Fleeming, George Hutcheson, Patrik Gillaspie, Robert Ker, Andro Lawder, James Hamiltoun, and James Nasmith, with any other of the brethren, that may stay after dissolving, to think vpon publick busines and to report their opinions. The nixt meiting the rnorne afternoone. 364 PROCEEDINGS OF COMMISSION [23 FEB. Comittee for a Declaration. Edinburgh, 23 February 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Cant: Mr. William Chamber: Mr. John Hay: Mr. Francis Aird : Mr. Alexander Spitle : Mr. James Guthrie : Mr. John Nevoy : Mr. Ephram Melvill : Mr. James Hamiltoun : Mr. Patrik Gillaspie : Mr. Androw Affleck: Mr. James Nasmith : Mr. David Calderwood: Mr. David Dickson : Mr. Robert Knox : Mr. Alexander Dickson : 'Sir. Hew Mackaell : Mr. George Gledstones : Mr. John Livistoun : Mr. George Hamiltoun : Mr. Zacharie Boyd : Mr. Bernard Sanderson : Mr. Oliver Colt : Mr. Robert Cunynghame : Mr. Alexander Rollock. Elders. — Eglingtoun : Philorth : Dundas. The Comission thinks fitt that their be a Declaration drawen vpon the votes concerning the Kings offers, that it may be sent to the Comittee of Estates, and desires the Moderatour and Clerk to draw the drawght of it, and that the Moderator assume any other he pleases to assist them. The nixt meiting at afternoone. Mr. Heugh Henderson. Mr. James Symson. Edinburgh, 23 Februarij 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Calderwood : Mr. Robert Knox : Mr. Robert Fleeming : Mr. Walter Bruce : Mr. James Hamiltoun : Mr. Androw Fairfull : Mr. Ephram Melvill : Mr. Hew Mackaell : Mr. William Colvill : Mr. Bernard Sanderson: Mr. John Livistoun: Mr. John Hamiltoun: Mr. John Hay : Mr. Alexander Dickson : Mr. Androw Affleck : Mr. George Hamiltoun : Mr. Samuell Rutherfurd : Mr. Colin Adam : Mr. Alex- ander Rollock: Mr. Androw Ramsay: Mr. Androw Cant: Mr. James Guthrie: Mr. James Fairly: Mr. David Dickson: Mr. Mungo Law: Mr. George Lesly : Mr. Oliver Colt : Mr. Alexander Rollock : Mr. George Gledstones: Mr. George Hutcheson : Mr. John Nevoy: Mr. Zachary Boyd: Mr. James Fleeming: Mr. John Smith: Mr. Francis Aird : Mr. Patrick Gillaspie : Mr. Alexander Spittle : Mr. David Fletcher : Mr. AV^illiam Chamber: Mr. William Livistoun. Elders. — Crafurd : Glencairne : Angus : Balmayn : Dundas : Libertoun : Sir James Stewart: George Porterfield : Laurence Henderson : James Rouchhead. The Summonds for transporting Mr. Hew Henderson being called, The parties are ordained to take others papers, and answer them the morne in writt. For the matter tuching Mr. James Symsones tryall and clearing, which wes vpon the 23 of December last continued to this day, the said Mr. James, personallie present, having given in a petition, wherin he offered his declaration, The Comission doe now thinke it meitt that the ordinarie judicatories consider of that matter. 24 FEB.] OF GENERAL ASSEMBLY, 1648 365 The Comission of Assembly appoints Messrs. James Hamil- Recomendation toun, Androw Fairfull, and Rober Ker, to assist in their names leato™ and the recomendation of the Generall Assemblie to the Honorable and^usveii. Comissioners of Parliament for planting kirks, concerning the erecting of the kirk of Seatoun, and the annexing of some parts of the paroch of Lochmaben to the paroch of Mouswell. 1 The Comission of the Assembly doeth prorogat and continue John Wilkie of the power given to the Presbyterie of Chirnsyde, vpon the 26 M^Thomas of November last, in the matter betuixt John Wilkie of Foul- Ramsay, don and Mr. Thomas Ramsay, minister there, to the nixt quarterlie meiting in Maij, and appoints the said Presbytery to make a report at the furthest against the said last Weddens- day of Maij nixttocome. The nixt meiting the morne at ten houres. Edinburgh, 24 February, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Calderwood : Mr. David Dickson : Mr. Robert Baillie : Mr. James Guthrie : Mr. John Nevey : Mr. Mungo Law : Mr. Zacharie Boyd : Mr. Androw Affleck : Mr. Androw Fairfull : Mr. Ephram Melvill : Mr. Colin Adam : Mr. Robert Lawrie : Mr. Oliver Colt : Mr. Alexander Dickson : Mr. David Fletcher : Mr. Robert Ker : Mr. Walter Bruce : Mr. Androw Ramsay: Mr. Androw Cant: Mr. Samuell Rutherfurd : Mr. John Livis- toun : Mr. John Hamiltoun : Mr. Patrik Gillaspie : Mr. James Fleem- ing : Mr. Bernard Sanderson: Mr. William Colvill : Mr. James Hamil- toun : Mr. William Chalmber : Mr. Patrick Scheill : Mr. John Hay : Mr. William Livistoun : Mr. Francis Aird : Mr. George Hutcheson : Doctor Colvill: Mr. Hew Mackaell. Elders. — Crafurd : Lanerk : Philorth : Kilsyth : Balmayn : Dundas : Libertoun. The Comission appoynts the Sub-Comittee formerly ap- Sub-Comittee pointed for conference with the Sub-Comittee from the Estates, for conference - adding to them Messrs. Androw Fairfull, Androw Affleck, and Philorth, to consider of the rest of the dangers, and what is further fitt to be done by the Comission, and to report their opinions. The nixt meiting at afternoone. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Calderwood : Mr. Samuell Rutherfurd : Mr. David Dickson : Mr. David Fletcher : Mr. James Fairlie : Mr. James Fleeming : Mr. John Hay : Mr. Hew Mackaell : Mr. James Guthrie : Mr. Mungo Law : Mr. John 1 That is, Mouswald. 366 PROCEEDINGS OF COMMISSION [24 FEB. Smith : Mr. George Gledstones : Mr. Colin Adam : Mr. Zacharie Boyd : Mr. Patrik Scheill : Mr. Alexander Spitle : Mr. Patrik Gillaspie : Mr. And row Ramsay : Mr. Androw Cant: Mr. John Livistoun : Mr. George Gillaspie : Mr. Alexander Dickson : Mr. Androw Fairfull : Mr. Androw Affleck: Mr. Oliver Colt: Mr. George Hutcheson : Mr. John Nevoy : Doctor Colvill : Mr. James Hamiltoun : Mr. Bernard Sanderson : Mr. William Chamber : Mr. Ephram Melvill : Mr. Robert Ker : Mr. Francis Aird : Mr. Robert Cuningham. Elders. — Argyle : Crafurd : Glencairne : Cassills : Finlator : Tullibairne : Lauderdaill : Lanerk : Barganie : Lord Advocat : Dundas : Libertoun : Sir James Stewart : Wil- liam Glendoning : James Rouchhead : Laurence Henderson. Comittee con- cerning Mr. Hew Hendcr- Declinator of William Glen- dining and Mr. James Hamiltoun. Transportation of Mr. Hew Henderson to Drumfreis. Recomendation for another Minister in Drurnfreise. The Comission appoints Messrs. Androw Affleck, James Guthrie, David Fletcher, Robert Ker, and Libertoun, to hear the paroch of Dairy and Drumfreis their reasons, that they desire to propone, in privat, and to report their opinions whither they may be proponed to the Comission. In the mater concerning the transportation of Mr. Hew Henderson, Mr. James Hamiltoun, sometyme minister at Drumfries, and William Glendoning, Proveist of Kircudbright, were both removed in respect of declinators proponed against them as parties interessed. Concerning the petition of the toune of Drumfreis for the transportation of Mr. Hew Henderson to the Kirk of Drum- freis, the said Mr. Hew compearing personallie, and the Lord Garlies, young Erlestoun, and divers others of the toune and paroch of Dairy, compearing in name of that paroch, and John Johnstoun, Provest of Drumfreis, Mr. Rodger Kirkpatrick, Baillie, Mr. John Corsan, lait Provest, and Thomas Mackbirnie, lait Baillie, and diverse vthers, in name of the burgh and paroch of Drumfreis : The Comission of the Generall Assemblie, having at great lenth hard both the saids parties hinc inde, and seriously considered the reasons given in by them for and against the said transportation, after mature deliberation, Doe find that the said Mr. Hew should be transported to Drumfreis, And therfor heirby transports him to the ministrie their, ordaining him to be admitted actually to that chairge, and to remove for that effect from Dairy betuixt this and the next quarterly meiting. The Comission recomends to the paroch of Drumfries to pro- vyde a helper to Mr. Hew Henderson, and desires the Provest of Drumfries and Mr. Hew to meit togidder that he may 25 FEB.] OF GENERAL ASSEMBLY, 1648 367 be satisfied therin, and to report to the Comission the morne. The nixt meiting the morne. Edinburgh, 25 February 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Cant : Mr. Samuell Rutherfurd : Mr. Androw Affleck : Mr. Androw Fair- full : Mr. Alexander Spittle: Mr. John Livistoun : Mr. John Nevey : Mr. Ephram Melvill : Mr. Bernard Sanderson : Mr. James Marteen : Mr. Mungo Law : Mr. Robert Lawrie : Mr. William Colvill : Doctor Col- vill : Mr. John Hay : Mr. Hew Mackaell : Mr. Androw Ramsay : Mr. David Dickson : Mr. Zacharie Boyd: Mr. "William Chalmer : Mr. James Hamiltoun : Mr. James Guthrie : Mr. John Hamiltoun : Mr. Alexander Livistoun : Mr. Colin Adam : Mr. William Livistoun : Mr. Oliver Colt : Mr. George Gledstones : Mr. Patrick Sheill : Mr. John Smith : Mr. Francis Aird : Mr. Alexander Dickson : Mr. Patrick Gillaspie : Mr. George Hutcheson. Elders. — Lord Angus : Kilsyth : Libertoun : Dundas. The Comission desires Mr. John Adamson to revise Mr. David Leitche papers of poecie, and give his opinion to the Comission thereof. The Comission appoints Mr. George Gillaspie to preach Preach at the befor the Parliament the day of their first meiting. m£JSl ° f The Comission of Assembly recomends humbly Mr. John Recomenda- Midletoun to the Honorable Comittee of Estates to be taken j 1 ^ jJiddle- to consideration by their Lordships both for his great sufferings toun. and for his service in the ministrie to the Army, and that Messrs. Androw Cant and Mungo Law assist the recomenda- tion. Concerning the desire this day presented from the Comittee by the Lord Thesaurer, Laird Freiland, and Hew Kennedy, The Comission will thinke vpon ane answer thervnto, and desires the Moderatour to have his thoughts vpon it, and to report his opinion afternoon. Tenor of the Desires followes : — 6 Since it is the mutuall desire both of Church and State to The Desires of keep a good correspondence in what concerneth Religion and Es^es™ 1 ^ ° f the Covenant, Therfor the Comittee of Estates doe appoint the Lord Thesaurer, the Laird of Freirland, and Hew Kennedy to goe to the Commission of the Kirk and shew, that, as hitherto the Comittee have acquainted the Comission of the Kirk, and communicat with them in matters of Religion and the Covenant, so they expect and desire, That the Comissioners of the Kirk 368 PROCEEDINGS OF COMMISSION [25 FEB. will, befor they proceid to any resolution concerning the Covenant, or emitt any Remonstrance or Declaration to the King or this Kingdom theranent, keip the like correspondence with the Comittee ; And this is to be vnderstood without pre- judice to the power or priviledge of either judicatorie. ' Sic sabscribitur, 6 Sir Archbald Primerose, Cle." 1 The nixt meiting at 2 houres. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson : Mr. Robert Baillie : Mr. Androw Affleck : Mr. Oliver Colt : Mr. John Livistoun : Mr. James Guthrie: Mr. John Hamiltoun : Mr. Hew Mackaell : Mr. Zacharie Boyd : Mr. Bernard Sanderson : Mr. James Hamiltoun : Mr. William Livistoun : Mr. Alexander Monereiff : Mr. Androw Ramsay : Mr. Robert Blair : Mr. Androw Fairfull : Mr. Alex- ander Spitle : Mr. Ephram Melvill : Mr. Mungo Law : Mr. Colin Adam : Mr. George Hutcheson : Mr. John Nevey : Mr. George Gledstones : Mr. Patrick Sheill : Mr. Robert Ker : Mr. James Marteen : Mr. John Smith : Mr. Samuell Rutherfurd. Elders. — Philorth : Libertoun. Answer to the The Comissioners of the Generall Assemblie Doe appoint Coniftte^of 6 Messrs. Androw Ramsay, Samuell Rutherfurd, Robert Baillie, Estates pre- an( j Androw Fairfull, with Philorth and Libertoun to goe to sented by Earle / to Crafurd, Lord the Honorable Comittee of Estates, and returne this answer to and others' their Lordships desire sent vnto them this day : — yesterday. < That, as they did by their petition of the fifteen of this moneth of Februarij desire no other correspondence to be con- tinued between their Lordships and them, but such as the Parliament, Convention, and Comittee of Estates did vsuallie keip with them formerly, in matters relating to the Covenant and Religion, without prejudice to their Lordships to proceid and resolve in other matters not relating to the Covenant and Religion ; so their Lordships may be assured that they have ever been and are farre from any thoughts of leaving that vsuall way of correspondence, without preiudice or limitation to their power of proceiding to resolutiones and determinationes in anything that falls within their Comission from the Generall Assembly. For the present they are about a Declaration, which, when it shall be ready, shall be communicat to their Lordships as they haue vsed in the like cases before.' 26 FEB.] OF GENERAL ASSEMBLY, 1648 369 This day the Provest and Baillies of Drumfreis having Provision for a reported a band of 800 merks for provision to a collegue to Mr. Drumfreise. " Hew Hendersone, The Comission returned thanks for what they had oblidged them selfes vnto, expecting in what is further necessarie their cair and travells with the rest of the paroch ; And appoints the band to be keiped amongst the records by the Clerk. The Comission appoints Mr. Hew Henderson to remove him selfe betwixt and the nixt quarterly meiting to Drumfries, but further delay. It is the opinion of the Comission of the Generall Montruis Mass. Assembly that the Presbytery of Edinburgh should not tollerat the saying of Masse in Monsier Montrools 1 house. The Comission appoints the letter following to be written to the Presbyterie of Chirnsyd concerning the Lord Mordingtouns familie for reclaiming the Lady Mordingtoun and her children from Poperie : — 4 Reverend and loving brethren, — Wee have formerly re- Letter to comended to yow to take speciall cair to prevent the mariage of cwmsyde! the Lord Semple with on of the Lord Mordingtouns daughters, which wee hope ye will be cairfull of. And now, vnderstanding that the Lady Mordingtoun and her children are not laboured with to be reclaimed from Poperie, wee thought it our dewtie to recomend vnto yow to take speciall notice of that familie, and to give accompt of your diligence to your Provinciall Assemblie. So we recomend yow to the Lords direction, And remain, 4 Your loving brethren,** etc., The Comission continues the mater concerning the Lord Lord Rae and Rae and the remanent persones in the summonds to the nixt others Clted ' quarterly meiting. Edinburgh, 26 February 1648. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Cant : Mr. Robert Blair : Mr. Robert Baillie : Mr. Androw Affleck : Mr. James Guthrie : Mr. George Hutcheson : Mr. Francis Aird : Mr. Colin Adam : Mr. Mungo Law : Mr. David Dickson : Doctor Colvill : Mr. John Livistoun : Mr. Samuell Rutherfurd : Mr. Androw Fairfull : Mr. 1 Monsieur Montreuil, the French Ambassador, who took an active part in the negotiations between Charles and the Scottish representatives. 2 A 370 PROCEEDINGS OF COMMISSION [28 FEB. James Hamiltoun : Mr. Bernard Sanderson : Mr. John Smith : Mr. Alex- ander Moncreiff : Mr. William Chamber : Mr. George Gledstones. Elders. — Philorth : Scotscraige : Libertoun : Balmayn. Refusaii of Mr. The Comission of the Generall Assembly, having this day Muncreifes heard the petition by the parochiners of Bruntiland for trans- t^Bruntmand P or ti n g Mr. Alexander Moncreiff from Scuny 1 to that charge in Brunt Hand, with the reasones given in to that purpose by Sir James Melvill, George Garden, and diverse others of the con- gregation of Bruntilland ; and having also heard the reasones given in against his transportation by the Lord Register, the lairds of Fenzies and Atherny, and diverse others of the congre- gation of Scunie, and by the said Mr. Alexander himselfe per- sonallie present, after serious consideration of the reasones, Jiinc inde, Doe refuse the desire of the parochiners of Bruntilland for the said Mr. Alexanders transportation, and appoints him to remaine at the present charge in Scuny notwithstanding therof. Bruntilland. The Comission appoints a letter to be written to the Presby- terie of Kirkcaldie, recomending to their cair the suppliing the kirk of Bruntilland after Mr. John Smiths removing to Edin- burgh. The nixt meiting vpon Mononday at 10 houres. Edinburgh, 9&th February 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas^ M oderatour. Mr. Androw Cant : Mr. Samuell Rutherfurd : Mr. Androw Fairfull : Mr. Andro Affleck : Mr. James Marteen : Mr. Colin Adam : Mr. John Livistoun : Mr. Francis Aird : Mr. Mungo Law : Mr. Alexander Moncreiff : Mr. Robert Blair: Mr. James Fairly: Mr. Androw Ramsay: Mr. David Dickson : Mr. Robert Baillie : Mr. Robert Lawrie : Mr. George Gled- stones : Mr. George Gillaspie : Mr. James Guthrie : Mr. George Hutche- son : Mr. Hew Mackaell : Mr. John Nevey : Mr. James Hamiltoun: Doctor Colvill : Mr. William Chalmbers. Elders. — Crawfurd : Egling- toun : Lauderdaill : Angus : Balmayn : Libertoun : Kilsyth : Garthland : William Glendoning : John Semple : John Kennedie. Conference with This day the drawght of the Declaration being read, the Comission appoints the Moderatour, Messrs. David Dickson, Robert Blair, Samuell Rutherfurd, John Livistoun, George Gillaspie, and James Guthrie, to meet with my Lord Chan- 1 That is, Scoonie in the same Presbytery. 29 FEB.] OF GENERAL ASSEMBLY, 1648 371 cellar and Lauderdaill, before they consider further of the drawght, and to conferr with their Lordships thervpon. The Comission to meet at 4 houres frequently. Edinburgh, 9,8th February 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. William Colvill : Mr. James Hamiltoun : Mr. Robert Baillie : Mr. Robert Lawrie : Mr. James Guthrie : Mr. John Livistoun : Mr. Mungo Law : Mr. Androw Affleck : Mr. John Nevey : Mr. Francis Aird : Mr. David Dickson : Mr. Samuell Rutherfurd : Mr. George Lesly : Mr. Androw Ramsay : Mr. George Gillaspie : Mr. Robert Blair : Mr. Androw Cant : Mr. Patrik Gillaspie : Mr. Colin Adam : Mr. Hew Mackaell : Mr. George Glad- stones : Mr. Androw Fairfull : Mr. John Hamiltoun: Mr. Alexander Moncreiff : Mr. William Livistoun : Mr. George Hutcheson : Mr. James Marteen. Elders. — The Comission desires the brethren before named to meit Conference againe with the Lord Chancellar and Lauderdaill, to conferre chanceiar. vpon the drawght of the Declaration the morne at 9 houres, and will tak any objectiones now moved against this drawght of the Declaration now read to their owne consideratioun. The nixt meiting the morne afternoone. Edinburgh, vltimo February 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson : Mr. Robert Blair : Mr. Samuell Rutherfurd : Mr. George Gillaspie : Mr. Androw Fairfull : Mr. James Marteen : Mr. George Lesly : Mr. Ephram Melvill : Mr. John Livistoun : Mr. George Hutche- son : Mr. John Nevoy : Mr. Patrick Gillaspie: Mr. Colin Adam: Mr. John Hamiltoun: Mr. Oliver Colt: Mr. Mungo Law: Mr. William Chalmers : Mr. Androw Ramsay : Mr. Androw Cant : Mr. David Dick- son : Mr. William Colvill : Mr. Androw Affleck : Mr. Robert Wright : Mr. William Livistoun : Mr. Francis Aird : Doctor Colvill : Mr. James Guthrie : Mr. Hew Mackaell : Mr. Androw Lawder : Mr. James Hamil- toun : Mr. Robert Lawrie : Mr. Alexander Moncreiff : Mr. George Gladstones : Mr. James Nasmith : Mr. John Hay. Elders. — Marques of Argyle : Crawfurd : Glencairne : Cassills : Tullibairne : Lauderdaill : Finlator : Lanrick : Barganie : Philorth : Garthland : Kilsyth : Dundas : Balmayn : Libertoun : Sir James Stewart : John Semple : James Rouch- head : William Glendoning. This day, after much debate vpon the question, It wes resolved Concerning the that the objectiones moved the other day by the Earle of Lanrick objectiones. rkS against the drawght of the Declaration as it now stands should be presently discussed before the same be comitted ; And for this effect the Comission appoints that drawght of the Declara- tion to be now read. 372 PROCEEDINGS OF COMMISSION [i mar. Concerning Earle Lanerks objectiones. Comittee for reviseing the Declaration. Therafter the Earle of Lanerk being heard at great lenth vpon the objectiones moved the other day, It being put to the question, whither these words of the paper, viz., Yet solicita- tions, perswasiones, and endevoures have not been nor are wanting for his Majesties restitution to the exercise of his Majesties royall power, and for espouseing his Majesties quarell etc., doeth, notwithstanding of these objectiones now proponed, containe anything that alters the genuine sense of the Cove- nant or wrongs the King, It wes resolved negative. The Comission appoints the Moderatour and Messrs. David Dickson, Robert Blair, Samuell Rutherfurd, George Gillaspie, John Livistoun, and James Guthrie, to be a Comittee to examine the drawght of the Declaration, to mend some ex- pressiones, and to consider the obiectiones moved by the Lord Chancellar and Lauderdaill, wherof these that conferred with them had a not ; as also to heare any new dowbts and objections that any had to propone, and to report the morne. The nixt melting; the morne at 2 houres. Concerning the 2d instance. Edinburgh, primo Martij 1648. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Samuell Rutherfurd : Mr. John Livistoun : Mr. David Dickson : Mr. James Guthrie : Mr. Francis Aird : Mr. George Gladstones : Mr. John Nevey : Mr. John Hay : Mr. Robert Lawrie : Mr. Androw Affleck : Mr. John Hamiltoun : Mr. Ephram Melvill : Mr. William Chalmers : Mr. James Fairlie : Mr. Androw Ramsay : Mr. George Hutcheson : Mr. William Colvill : Mr. George Gillaspie : Mr. Androw Ramsay 1 : Mr. Robert Blair : Mr. Patrick Gillaspie : Mr. Robert Baillie : Mr. Hew Mackaell : Mr. James Hamiltoun : Mr. Mungo Law : Mr. Alexander Colvill : Mr. James Nasmith : Mr. William Livistoun : Mr. Oliver Colt : Mr. George Lesly : Mr. Alexander MoncreifF : Mr. Colin Adam : Mr. Robert Wright : Mr. James Marteen : Mr. John Adamson : Mr. Andro Lawder : Mr. Andro Fairfull : Mr. Samuell Douglasse. Elders. — Marques of Argyle : Cra- furd : Eglingtoun : Glencairne : Cassills : Home : Tullibairne : Finlator : Lauderdaill : Lanerk : Callendar : Yester : Barganie : Wariestoun : Balmayn : Kilsyth : Dundas : Libertoun : Langtoun : Greanhead (sic) : Garthland : George Porterfeild : Mr. Robert Nairne : John Kennedy: John Mill: Lawrence Henderson : Sir James Stewart : William Glendon- ing : John Semple. This day the Declaration being againe taken to considera- tioun, and after much debate vpon the section tuching the 2d instance, The question being whither that section tuching the 1 Sic in MS. i mar.] OF GENERAL ASSEMBLY, 1648 373 2d instance should stand as it is or be altered, It wes resolved by pluralitie of voices that it should stand as it is. The Comission of the Generall Assemblie, after hearing the Approbation of Declaration read this day againe and againe, and after much debate thervpon, Doe approve the said Declaration. Tenor wherof followes : — ' A Declaration of the Commissioners of the Generall Assembly to the whole Kirk and Kingdome of Scotland, concerning present dangers and duties relating to the Covenant and Religion. ' Iff in a time of so great and imminent danger to Religion and Declaration of the Cause of God, the trumpet in Zion should give no certain March sound, nor the watchmens tower any seasonable warning, it might be justly charged vpon ws as a sinful neglect of duty, and the blood of many thousand soules might be required at our hands : Therfore, so farre as we have discovered the dangerous plots and snares of the malitious and crafty adversaries of this Cause, wee shall freely and faithfully make the same known, trusting that all who would not make shipwrack of faith and a good conscience, will cairfully avoyd as well hid as manifest rocks when they are warned of them. ' After the Solemne League and Covenant of the three king- domes had so prospered against the enemies and opposers therof as made them despair of overthrowing it in any such way of a direct opposition, they begun with much wit and industry to indeavour a dividing of the ends of the Covenant, and an altering of the first principle and state of the Cause. Wpon the one hand, the Sectaries in England (according as is formerly represented by the late Generall Assembly in their Declaration to their brethren of England, and by our Remonstrance to the Comittee of Estates of the 13 of October last) have by fraud and violence endeavoured the subversion of Religion, whose exorbitant insol- ency, being now in arms, is so vnsupportable, that no man can doubt but all the articles of the Covenant are in danger by them ; the vile errors, wicked haeresies, and intolerable blasphemies, daily growing amongst them, can hardly be reckoned vp ; all which are mightily aggredged by the lawlesse and godlesse tolera- tion therof ; And least Parliamentary authority should curb this monstrous insolency, they have not only refused orders for dis- banding, but have forced orders for their own standing, and do over- rule Parliament, King, City, and Country, to the trampling vnder 374 PROCEEDINGS OF COMMISSION [i mar. foot all government, Civill and Ecclesiastically and to the terrour, oppression, and apparent mine of all the truly godly and sound lovers of the Solemn League and Covenant. On the other hand, the Praelaticall and malignant party have catched at and studied to make advantage of some parts and clauses of the Covenant, without keeping all the links of that golden chain fast together. ' This designe of receding from the former principles, and stating the publick Cause otherwise then it was stated by both Kingdomes when they joyned in Covenant and arms, may be abundantly discovered by two instances : First, the designe hath been so fast and so farr driven on, that although the fourth article of the League and Covenant was cleerly framed and intended against the malignant party ; and although there was one expresse article in the Treaty between the Kingdomes for swearing and subscribing the League and Covenant by both Kingdomes, as a more near tye and conjunction of both, for their defence against the Popish, Praelaticall, and malignant party and their adherents; and although in the Declaration of both Kingdomes in the year 1643, it was de- clared that all such, as would not speedily take the Covenant and joyn with all their power in the defence of this Cause, are to be cen- sured and punished as professed Adversaries and Malignants, yet some are not ashamed to plead for the malignant party, as if they were friends rather then enemies to this Cause, and as none were now to be looked vpon as dangerous enemies to the Cause but the Sectaries only ; Wheras the Word of God, and the experience of former tymes, not only teacheth us to beware of dangers from the fraud, as well as the force, from the plots as well as from the power of enemies, but also setteth before us sad examples of great vnexpected miseries and mischiefes brought vpon the people of God from enemies once broken and quashed, when they got again the power of the sword, and opportunity to act whatsoever cruel- ties their inveterate malice and enraged spirits put them vpon. ( The other instance is that, although in the Covenant the duty of preserving and defending the Kings Majesties persone and authority be joyned with and subordinate vnto the duty of pre- serving and defending the true Religion and liberties of the King- domes, and although from the begining of this Cause the good, safety, and security of Religion hath been principally sought after and insisted vpon ; yet solicitations, persuasiones, and endeavours have not been nor are wanting, for his Majesties restitution to the exercise of his royal power, and for espousing his Majesties quarrell, notwithstanding his not granting of the publick desires i MAR.] OF GENERAL ASSEMBLY, 1648 375 concerning the Covenant and Religion. And this course is clearly contrary to the declared resolution of the Parliament of this Kingdome, after advice desired from ws, vpon the case concerning the King then propounded to \vs : And it is no lesse contrary to the principles and professions of the Convention and of the Comittee of Estates, before any such advise was desired or had from ws : Yea, all along, and in the whole course of the publick pro- ceedings, the setling and securing of Religion hath been so much stood vpon, that malignants who intended a new state of the cause did well perceive how great difficulty, and how small hopes, ther was of satisfying this Kirk and Kingdome with anything else, while unsatisfied in the point of Religion ; and therfore all possible care hath been taken by them wherby to have some specious and fair pretences of satisfaction in the businesse of Religion. c And here, as we do not disapprove, but highly commend the worthy paines of such as did indeed endeavour to bring the Kings Majestie a greater length, even to give full satisfaction in point of Religion, so we cannot but take notice of that report which many did lately entertain and spread in this country, namely, that his Majestie hath given satisfaction to the desires of this Kirk and Kingdome in point of the Covenant and Religion. ' If his Majesty had indeed given such satisfaction, we should rejoyce at it as much as any, and however shall not cease to pray for his Majestie that God would give him repentance and remission of sins, and incline his heart to the love of the true Religion and Reformation, and that his royal person may be preserved from all harm and violence : And being now (as we formerly remonstrat on the 13 of October) very sensible of the present danger his Majesties person and Monarchicall Government is into, by that pre- valent party of Sectaries, wee shall, so far as concerneth the duty of our places and callings endeavour the preservation of Monarchicall Government in his Majestie and his posterity according to the Covenant, not being ignorant what confusions and calamities use to attend the change either of the government itselfe or of the Royall line. Neverthelesse, the country being so generally possessed with so dangerous a mistake and misunderstanding of so great a businesse, and his Majestie himselfe professing in his letter to ws, dated at Carisbrook Castle, the 27 of December last, that he hath resolved so farre to agree to the desires of this Kirk and Kingdome, concerning the Covenant and setling Religion, as he is confident shall giue ws satisfaction, if now wee should be silent we might be vnderstood as tacitely consenting and acquiescing. Wee are therfor necessi- 376 PROCEEDINGS OF COMMISSION [i mar. tated for vndeceiving the nation, and for acquitting our selves, to declare that a narrative of the state of publick affaires having been made to ws by those who were entrusted for that effect, and since delivered to ws in writing, wee have more especially taken to our serious thoughts so much of that narrative as was from his Majestie made known vnto ws, as his resolutiones for satisfaction in point of Religion. The first article wherof is as followeth : — tet l. For the Covenant, his Majestie giving beleefe to the pro- fessions of those who have entred into the League and Covenant, and that their intentiones are reall for preservation of his Majesties persone, according to their allegiance, and no wayes to diminish his just power and greatnesse, is content, so soon as he can with freedome, honour, and safetie be present in a free Parliament, to confirme the said League and Covenant by Act of Parliament in both Kingdomes, for securitie of all those who have taken or shall take the said Covenant, provided that none who is vnwilling shall be constrained to take it." ' Which Article hath nothing in it of his Majesties affection to, or liking and approbation of, the Covenant, but only what he is content to yeeld in order to his own interest. Yea, an Act of Parliament for security of those who have taken, or shall take, the Covenant, doth or may suppose some fault, or somewhat justly challengeable in the taking of the Covenant, which needeth ane Act of indemnity. Next, the offer is but conditionall, and hath in the bosom of it ane complication of such and so many conditions as might open a door to some evasion or other, by multiplying excep- tions, difficulties, and various notions, either concerning the profes- sions of those who have entred into the League and Covenant, or concerning his Majesties just power and greatnesse, or concerning his freedome, honour, and safety, or concerning a free Parliament. And although the concession wer certain and absolute, it amounts to no more but to a leaving of the Covenant arbitrary ; which is contrary to the Acts of the Generall Assembly and Parliament in this Kingdom, to the Declaration of both Kingdomes before cited, and to one of the chiefe Propositions of Religion once agreed vpon by both Kingdomes for a safe and well-grounded peace, viz., the Proposition concerning his Majesties swearing and signing of the League and Covenant, and enjoyning by Act of Parliament, in both kingdomes, the taking therof by all the subjects in the three kingdomes, with such penalties as shall be agreed vpon by both kingdomes. So that the first Article of his Majesties offer is a i MAR.] OF GENERAL ASSEMBLY, 1648 377 most manifest altering of the state of this Cause. It is also a strengthening of the hearts and hands both of the Sectaries and of the malignant party, a partaking in, and conniving at, the shine of all those in the three kingdom es who have refused, or shall refuse, to enter into the League and Covenant, an introducing of a detestable indifferency or neutrality in this Cause which so much concerneth the glory of God, the good of the Kingdome, and the honour of the King ; And therfore we have judged this article not only vn satisfactory, but destructive to the Covenant. Neither are we moved with that objection which is hinted concerning the constraining or inforcing of mens consciences. They refuse a necessary duty who refuse to take the Covenant, and the penalty or punishment of such refusall is no constraining of the conscience, more then the penalty or punishment of a subject who refuseth to take the oath of allegiance is a constraining of the conscience to loyalty, or more then the punishment of idolaters, blasphemers, and seducers, mentioned so often in Scripture, can be called a constraining of the conscience to the feare of God. e The words of the second Article are these, — " His Majesty will likewise confirm by Act of Parliament in England Presbyteriall Government, the Directory for Worship, and Assembly of Divines at Westminster, for three yeares, so that his Majesty and his household be not hindered from using that form of Divine service he hath formerly practised, and that a free debate and consulta- tion be had with the Divines at Westminster (twenty of his Majesties nomination being added unto them) and with such as shall be sent from the Church of Scotland, wherby it may be determined by his Majestie and the tuo Houses how the Church Government, after the three years, shall be fully established accord- ing to the Word of God." ' For ought we know, the conditions couched in the first Article are also to be vnderstood in this and the following Articles. How- ever, this second Article, as it is but the same in substance with some of his Majesties concessiones in former messages, so that which is proposed in it is but a toleration of Presbyteriall Govern- ment in England, and that but for three years, and is a direct allowance at least of the Book of Common Prayer in his Majesties household. And, moreover, by the second Article not only a door is left open for reestablishing Prelacy and the Service Book, but the happy progresse already made in the Reformation and Vniformity of Religion according to the Covenant in a Confes- 378 PROCEEDINGS OF COMMISSION [i mar. sion of Faith, Directory of Worship, Forme of Church Government, and Catechisme is set aside as so much lost labour in order to a future settlement. Free debate with any of the Prelaticall party nominated by his Majesty (when there was any such occasion) hath not been declined ; But we have great cause to be tender of unsetling and razing a good foundation already laid in the work of Reformation. And whereas his Majesty will have it determined by him self and the two Houses how the Church Government, after the said three years, shall be established according to the Word of God, this doth at once cut off three of the most materiall and most necessary Propositions concerning Religion formerly agreed vpon by both Kingdomes, and from both tendred to his Majesty (though some of them be now laid aside by the two Houses of the Parliament of England), namely, the third Proposition for abolishing Archbishops, Bishops, &c. ; the fifth Proposition, That reformation of Religion according to the Covenant be setled by Act of Parliament in such maner as both Houses have agreed or shall agree vpon, after consultation had with the Assembly of Divines ; and the sixth Proposition, That such unity and vniformity in Religion according to the Covenant as, after consultation had with the Divines of both kingdoms assembled at Westminster, is, or shall be, joyntly agreed by both Houses of the Parliament of England and by the Church and Kingdome of Scotland, be con- firmed by Acts of Parliament of both Kingdomes respectively : Of which three Propositions there can be no hopes (as to his Majesties consent or concurrance) if the offer now made concerning a deter- mination by his Majesty and the two Houses be compared with his Majesties claiming of a negative voice, and with his message of November 1 6, in which he declared that both in relation as he is a Christian and as a King he cannot give his consent to the abolish- ing Archbishops, Bishops, etc., believing that this order was placed in the Church by the Apostles themselves, and that his Majesty is also bound by his Coronation Oath to maintain it. And this message of November 16 his Majestie adhereth unto in his answer to the Bills and Propositions presented to him at Carisbrook Castle ; which answer is dated December 28, and so after his Majesties letter to ws. Upon these and the like considerations we have found the said 2d Article of his Majesties offers in point of Religion to be destructive to Presbyteriall Government, the Directory of Worship, and the Uniformity intended according to the Covenant. i mar.] OF GENERAL ASSEMBLY, 1648 379 e For the third Article delivered to ws in these words — " And for suppressing of schisme and heresies his Majestie is content and most willing that an effectual course be taken by Act of Parliament, and all other wayes needfull and expedient, for suppressing the opinions and practises of Antitrmitarians, Arrians, Socinians, Antiscripturists, Antinomians, Anabaptists, Arminians, Familists, Brownists, Separatists, Independents, Libertines, and Seekers, and generally for suppressing all blasphemy, heresie, schisme, and all such scandalous doctrine or practises as are contrary to the light of nature or to the known principles of Christianity (whether concerning faith, worship, or conversation), or to the power of godlinesse, or which may be destructive to order or government or to the peace of Church or Kingdom." ' As we doe approve of the suppression of the particular heresies and schism es enumerat in his Majesties offer, so we see not how it can be reconciled with his Majesties message of November 16, in which there was a Concession of Toleration to all such as differ from Presbyteriall Government : And doe further find the Article dangerous and defective in omitting Erastianism and other dangerous errours, especially Popery and Prelacy, which may prove destructive to the Covenant in ministring the occasion to Papists and Prelats to plead for a toleration, although the Covenant binds us to endeavour the extirpation both of Popery and Prelacy. ' Having now discovered the snares and dangers, we shall in the next place most humbly and seriously propose and recommend some wholesome, seasonable, and pious counsells to all the members of this Church and Kingdome, especially to the Honour- and High Court of Parliament and to the brethren of the Ministery, which may also serve to expresse our sense concerning the w T hole matter contained in that narrative delivered to ws in writing, so far as is competent and fit for ws to give any judgment ther- vpon. ' First of all, we exhort all and every one to make more con- science of endeavouring a reall reformation of themselves and their families, and of the places in which they live, then ever yet they have done ; to be more serious in searching their hearts, con- sidering their wayes, and purging themselves from all filthinesse of the flesh and spirit to perfect holmes in the fear of God ; to oppose wickednesse and profanenesse, promote the practise and power of godlinesse, and to be deeply humbled before the Lord for neglect- ing these things so much and so long ; With all employing and 380 PROCEEDINGS OF COMMISSION [i MAR improving Christs alsufficiency, and striving to exercise faith in him for the grace of mortification and sanctification, as well as for remission of shines and peace with God ; that, being implanted and rooted in him, we may grow vp as trees of righteousnesse, the planting of the Lord, that he may be glorified ; for without amend- ment of life and bringing forth of better fruit the fierce wrath of the Lord cannot turne away from ws. ' Secojidly. — As men desire they may not be led into temptation, but may be guided in safe and right pathes in the midst of so great difficulties, let them avoid the company and counsell of the un- godly, whereby even good men have been oft times most danger- ously ensnared ; Let all that fear God choose the testimonies of the Lord for their counsellours, be much in prayer and searching the minde of God in his Word without leaning to their own under- standing or consulting with flesh and blood in cases of conscience. 1 Thridly. — Seeing 'tis no act of wisdom but of folly so to shunne one danger as to runne vpon another as bad or worse, let ws ther- fore avoid enemies and beware of dangers on all hands ; Wee cannot see but the Cause of God, the true Religion, the Covenant, Presbyteriall Government, this Church and Kingdom, and whatso- ever is dearest to ws will be in as great danger if the Prelaticall party prevaill, as now they are into, by the power and prevalency of Sectaries in England, who have made the Covenant and begun Reformation to be laid aside, and hindered the promoting thereof. So that there is a necessity to be apprehensive of dangers and attentive to remedies on both sides, and to beware of compliance with and connivance at Sectaries vpon the one hand, and malignants vpon the other. ' Fourthly. — When we speak of malignants, we desire that the distinction may be remembred which was made in the Solemne Warning to the Kingdome from the Generall Assemblie in Feb- ruary 1645, viz., That the Cause is in veiy great danger from tuo sorts of malignant enemies ; first, from such as have openly dis- played a banner, or joyned in armes and professed hostility against the Cause, and such as adhered thervnto ; secondly, from secret malignants, discovenanters, and bosome enemies. This second sort may be still known by some characters given both at that time and before that time, as by their slandering or censuring the Covenant of the three kingdomes, and expedition into England in the year 1643, as not necessary for the good of Religion or safety of this Kingdome, or as tending to the diminution of the Kings i MAR.] OF GENERAL ASSEMBLY, 1648 381 just power and greatnes, by their confounding of the Kings power and just authority with the pretence and abuse thereof by comis- sions, warrants, or letters, procured from his Majesty by the enemies of this Cause and Covenant ; as if none wer faithfull and loyall to the King who oppose such men and their wayes ; by their spleen, malice, and calumnies against such as God hath made eminently instrumentall in this Cause, and who resolve to be constant to the end in their first principles, as if such men were the Kings enemies who are most zealous for the good and safety of Religion ; by their commending, justifying, or excusing other known malignants, and by their conversing or intercommuning with excomunicat delinquents. Unto which characters time and experience give ws occasion to adde some others, as, namely, their unwillingnes and declining to reckon malignants among the enemies of this Cause from whom danger is to be apprehended ; their disjoyning and dividing the duty of endeavouring the Kings Majesties preservation and restitution from the duty of preserv- ing, defending, setling, and secureing Religion, As if we might and ought to pursue the former without the latter, while both are in danger ; their maligning of and uttering malicious words against faithfull and zealous ministers, and against this meeting and judi- catory, appointed by the Generall Assemblie ; lastly, their crying up or down of parties or persons, and even of the Sectaries them- selves, according as they have more or lesse hopes of advantage from them to their own designes. For 'tis not long since such men made light account of any dangers which were apprehended from the prevalent faction of the Sectaries in England, there being then some hopes of a compliance and combination between them and the malignants, which is an infallible demonstration that such mens pretended zeal against those Sectaries now is not from the right principle. Wherfore let all such dangerous persons as we have here deciphered and described be cairfully observed and avoided, as men would keepe themselves pure and free of snares : And let Presbyteries be diligent to discover, trie and censure any of this kinde in their bounds, that they may be able herein to give a good account of their diligence ; as also that they be cairfull to discover, try and censure any trafficking Sectaries, and all such as favour their opinions and wayes. ' Fiftly. — Though we esteem that prevalent faction of Sectaries, with their abbetters and adherents, presumptuous and malicious enemies to Religion, King, and Government, yet we hold it is our 382 PROCEEDINGS OF COMMISSION [2 mar. duty to labour to remove and prevent all occasions of jealousies and suspitions betuixt the kingdoms, and to doe or say no thing that may breed misunderstandings, break of correspondence, weaken the confidence, or infringe the union and peace betwixt the two Kingdoms, so happily established in his Majesties presence, and with his royall consent in both Parliaments ; a caution as necessary now as when it was given abone five yeares agoe, in a Warning from the Commissioners of the Generall Assemblie met in this same place, January the fourth 1643. And generally, we desire that all the articles and clauses of the Solemn e League and Covenant may be kept inseperably and inviolably linked together, and that ther may be great tendernesse and care to avoid e every thing which may be interpreted as a contradicting or abandoning of the former principles, proceedings, petitions, protestations, remonstrances, and Declarations of this Kirk and Kingdome, in the pursuance of this Cause ; and more especially to take good heed that Scotlands desires doe not mount higher for the King and fall lower in the point of Religion, then they wer at our first vndertaking and ingagement in this Cause. e Finally. — We doe most seriously obtest all the people of God in this nation, and especially the Estates of Parliament, by their love to the Cause of God, by their solemne Vowes and Covenants, by their first principles and professions, by their former zeal and sincerity, by the many blessings of God, and his great works done for ws, when our zeal and integrity was greatest in this Cause, and by all the curses and judgments of God which his Word denoun- ceth against backsliders and Covenant breakers that they may all the dayes of their lives continue firme, stedfast, and faithful in their Covenant with God, and one with another, and make good their former professions in a time of tentation and difficulty, with- out wavering or falling off to the right hand or to the left. And as many as walk according to this rule peace be on them and mercy, and vpon the Israel of God.' Characters of The Comission resolves to take to their consideration the motion now made concerning a Comittee for discovering the characters of Sectaries. The nixt meiting the morne at tua houres. Edinburgh, 2 Marty 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Samuell Rutherfurd : Mr. Robert Blair : Mr. James Guthrie : Mr. Mungo Law : 4 MAR.] OF GENERAL ASSEMBLY, 1648 383 Mr. David Dickson : Mr. Robert Baillie : Mr. Ephram Melvill : Mr. Alexander Moncreiffe : Mr. Patrick Gillaspie : Mr. George Hutcheson : Mr. Colin Adam: Mr. Andro Cant: Mr. John Livistoun : Mr. George Gillaspie: Mr. John Nevey : Mr. John Adamson : Mr. George Lesly : Mr. Androw Lawder : Mr. Patrik Sheill : Mr. William Chalmers : Mr. George Gladstones: Mr. Andrew Fairfull : Mr. James Hamiltoun. Elders. — Craighall : Dundas : Libertoun. The Comission appoints the Comittee for personall Reforma- tion to meet after the dissolving of the Comission to rypen and prepaire their report. The nixt meeting the morne after sermon. Edinburgh, 3 Marty 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Wil- liam Colvill : Mr. Colin Adam : Mr. George Gladstones : Mr. Patrick Scheill : Mr. George Hutcheson : Mr. John Nevey : Mr. James Nasmith : Mr. Allan Ferguson : Mr. Mungo Law : Mr. Androw Cant : Mr. Robert Baillie: Mr. Androw Lawder: Mr. William Chalmers: Mr. James Guthrie : Mr. Hew Mackaell : Mr. John Hay : Mr. Ephram Melvill : Mr. Alexander Moncreiff : Mr. John Livistoun: Mr. George Lesly. Elders. — Craighall : Kilsyth : Dundas : Libertoun : John Mill. The Comission appoints Messrs. David Dickson and Robert Blair to preach before the Parliament the nixt Sabboth, Mr. Robert Baillie to pray there this day, and Mr. James Nasmith the morne. The nixt meiting the morne at 2 houres. Edinburgh, 4 Martij 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson : Mr. George Gillaspie : Mr. John Livistoun : Mr. Francis Aird : Mr. George Hutcheson : Mr. Mungo Law : Mr. Colin Adam : Mr. Androw Lawder: Mr. John Hay: Mr. Androw Cant: Mr. Samuell Rutherfurd : Mr. George Lesly : Mr. Hew Mackaell : Mr. James Hamil- toun : Mr. James Nasmith : Mr. Patrik Gillaspie : Mr. William Chalmers: Mr. Ephram Melvill : Mr. George Gladstones. Elders. — Craighall. The Comission appoints the Clerk to insert the 3d article of the Kings Concessions in the Declaration, and therafter the answere therto as it is now read in these words, viz., 6 As we approve of the suppression of the particular haeresies and errors enumerat in his Majesties offer, so we see not how it can be reconciled with his Majesties message of November 16, in which there was a concession of Toleration to all such as differ from Presbyteriall Government ; And doe find the article dangerous and defective,'* etc. 384 PROCEEDINGS OF COMMISSION [7 mar. Appointment The Comission appoints Messrs. Androw Cant, John Adam- the Declaration son ? David Dickson, Robert Blair, James Hamiltoun, Robert mem 6 Parlia ' Baillie, George Gillaspie, Samuell Rutherfurd, and John Livis- toun, with the Moderatour, Craighall, Dundas, Libertoun, and Sir James Stewart, to present the Declaration to the Parlia- ment, as soon as they find opportunity. The nixt meiting on Monday at 10 houres. Edinburgh, 6 Marti) 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Samuell Rutherfurd : Mr. Patrik Gillaspie : Mr. Robert Lawrie : Mr. John Livis- toun : Mr. George Hutcheson : Mr. George Gladstones : Mr. Alexander Moncreiff : Mr. John Adamson : Mr. Colin Adam: Mr. James Hamil- toun: Mr. Allan Ferguson : Mr. John Nevey : Mr. Patrik Sheill : Mr. Mungo Law : Mr. Hew Mackaell. Elders. — The Comission appoints Mr. Samuell Rutherfurd to pray in the Parliament this day, and Mr. Mungo Law the morne. The nixt meiting the morne after sermon. Edinburgh, 7th Martij 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson: Mr. David Dickson: Mr. John Livistoun : Mr. Patrik Gil- laspie: Mr. John Nevey: Mr. Colin Adam: Mr. Robert Baillie: Mr. George Gladstones : Mr. Alexander Moncreiff : Mr. James Hamiltoun : Mr. David Calderwood : Mr. Androw Cant : Mr. Samuell Rutherfurd : Mr. George Hutcheson : Mr. Francis Aird : Mr. Hew Mackaell : Mr. Patrik Sheill : Mr. Robert Blair : Mr. George Bennet : Mr. Thomas Kircaldie : Mr. Alexander Livistoun: Mr. James Nasmith : Mr. George Lesly. Elders. — Craighall: Dundas: Sir James Stewart. The Comission appoints Mr. James Hamiltoun to pray in the Parliament the morne. The Comission appoints Mr. Androw Cant and Mr. John Livistoun to preach before the Parliament the next Lords day. Addition, Mr. The Comission appoints Mr. David Calderwood, with the wo^d tofhg 1 " rest named on the fourth of March, to present the Declaration presenters of to t } ie Parliament. the Declaration to the Parlia- The nixt meiting at 2 afternoon, ment. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Ramsay : Mr. David Dickson : Mr. Robert Baillie : Mr. Mungo Law : Mr. Alexander Livistoun : Mr. John Livistoun : Mr. John Nevoy : Mr. 8 mar ] OF GENERAL ASSEMBLY, 1648 385 Alexander Moncreiff: Mr. George Bennet : Mr. James Nasmith : Mr. David Calderwod : Mr. Androw Cant: Mr. Robert Blair: Mr. James Hamiltoun : Mr. George Gillaspie : Mr. Samuell Rutherfurd : Mr. Patrik Gillaspie : Mr. George Gladstones : Mr. Francis Aird : Mr. Patrik Sheill. Elders. — Craighall : Sir James Steward. The nixt meiting the morne at 9 houres. Edinburgh, 8 Marty 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Cant : Mr. John Adamson : Mr. Mungo Law : Mr. John Livistoun : Mr. Androw Lawder : Mr. Robert Birnie : Mr. Thomas Vassie : Mr. Hew Mackaell : Mr. John Nevey : Mr. George Gladstones : Mr. Thomas Kircaldie : Mr. David Calderwood : Mr. Robert Blair : Mr. Samuell Rutherfurd : Mr. James Fleeming : Mr. Colin Adam : Mr. George Hutcheson : Mr. Ephram Melvill : Mr. Alexander Livistoun : Mr. Francis Aird : Mr. Alexander Moncreiff : Mr. George Bennet : Mr. David Dick- son : Mr. Patrik Sheill. The Comission appoints the Clerk to cause print the Declara- Order for print- tion so soon as the same shall be presented to the Parliament. 1 tion. 6 The Comission, vnderstanding how profitable it might prove Desire to the if the sermon preached by the Moderatour vpon Monondav Mod eratour to 1 J r J print his ser- was a fortnight, on the 31 Psalme, wer published, doe therfore mon. earnestly desire the Moderatour to print that sermon. The nixt meiting at 3 houres. Edinburgh, 8 Martvj 1648, post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Robert Blair : Mr. Androw Cant : Mr. Mungo Law : Mr. George Hutcheson : Mr. Colin Adam : Mr. James Nasmith : Mr. Patrik Sheill : Mr. George Gillaspie : Mr. Alexander Moncreiff : Mr. Walter Bruce : Mr. George Gladstones : Mr. John Adamson : Mr. David Calderwood : Mr. David Dickson : Mr. James Fleeming : Mr. Hew Mackaell : Mr. John Nevey : Mr. Patrik Gillaspie : Mr. Ephram Melvill : Mr. Thomas Vassie : Mr. George Bennet : Mr. Robert Birnie : Mr. Samuell Rutherfurd : Mr. Alexander Livistoun : Mr. Androw Lawder : Mr. Thomas Kircaldie. Elders. — Libertoun : Sir James Steward. The Comission appoints Mr. Hew Mackaell to pray to the Parliament the morne. The Comission appoints for a Comittee Messrs. David Cal- Comittee for derwood, Robert Blair, David Dickson, George Gillaspie, SriparHament. 1 It was accordingly printed and published with the title, A Declaration of the Commissioners of the General Assembly to the whole Kirk and Kingdome of Scotland concerning present dangers and duties relating to the Covenant and Religion. Printed at Edinburgh by Evan Tyler, 1648. It was reprinted in London in the following year. 9 n 386 PROCEEDINGS OF COMMISSION [9 MAR. Andrew Cant, John Livistoun, Robert Birnie, and James Hamiltoun, with the Moderatour, Libertoun, and Sir James Stewart, to consider of overtures and desires to the Parliament. The nixt meiting the morne afternoon. Edinburgh, 9 Marty 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson : Mr. Robert Blair : Mr. George Gillaspie : Mr. James Fleeming : Mr. Robert Birnie : Mr. John Nevey : Mr. Ephram Melvill : Mr. Alex- ander Livistoun : Mr. Samuell Rutherfurd : Mr. George Hutcheson : Mr. Robert Baillie : Mr. Alexander Moncreiff : Mr. David Calderwood : Mr. Andro Cant : Mr. Mungo Law : Mr. John Livistoun : Mr. Thomas Vassie : Mr. George Lesly : Mr. Colin Adam : Mr. Androw Lawder : Mr. James Nasmith : Mr. George Gladstones : Mr. Patrik Sheill : Mr. Patrik Gillaspie : Mr. Francis Aird. Elders. — Craighall : Dundas : John Mill. The Comission appoints Mr. John Nevey to pray the morne in Parliament. This day a paper produced from the Estates of Parliament as their Lordships answer to the Declaration, which being read the Comission delayed to take to their consideration vntill the morne, that in the meane tyme the same may be subscribed. The nixt meiting the morne after sermon. Edinburgh, 10 Marty 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Calderwood : Mr. Androw Cant : Mr. Samuell Rutherfurd : Mr. James- Hamiltoun : Mr. Ephram Melvill : Mr. Patrik Sheill : Mr. Thomas Kircaldie : Mr. George Gladstones : Mr. Alexander Moncreiff : Mr. Hew Mackaell : Mr. George Hamiltoun : Mr. George Gillaspie : Mr. Androw Ramsay : Mr. David Dickson : Mr. William Colvill : Mr. James Fleem- ing : Mr. Mungo Law : Mr. Thomas Vassie : Mr. Colin Adam : Mr. George Bennet : Mr. Robert Birnie : Mr. Alexander Livistoun : Mr. George Hutcheson : Mr. John Livistoun : Mr. Androw Lawder. Elders. — Earle Angus : Craighall : Dundas : Libertoun : Lawrence Henderson r John Mill. This day Arthur Erskin of Scotscraige having represented the Parliaments desire that ther might be a fast vpon the nixt Lords day for them selves in the Parliament house, which they wished also might be keiped in all the kirks of this town, and in the Cannogait, Leith, and St. Culberts, the Comission accord- ing heartily to their Lordships desire, Doe appoint that the nixt Lords day be keiped for a solemne fast and humiliation for the Lords blessing to the Parliament, and to pray for his directione Fast for the Lords Blessing to the Parlia- ment. io mar ] OF GENERAL ASSEMBLY, 1648 387 and counsell to their Lordships in maters now in hand ; and appoints intimation heirof to be sent to the ministers of this citie, and of Leith, Cannogait, and St. Culberts, and doe againe appoint their brethren, Messrs. Androw Cant and John Livis- toun to preach in the Parliament house the nixt Lords day, and that Messrs. Robert Birnie and Alexander Livistoun preach that day in the Colledge Kirk. The Comission appoints the Comittee appointed vpon the Comittee for eight of March for overtures to the Parliament to consider of parliament. 0 the Parliaments answer to the Declaration now subscribed, and after dissolveing of the Comission, to sitt still in this place for that effect. Tenor of which answer followes : — ' The Declaration of the Commissioners of the Generall The Paper from Assemblie produced be Mr. Robert Douglas, accom- 0 f the 9 of panied zv'ith diverse of the ministrie and ruleing elders, March - being 1 read in audience of the Parliament. * The Estates of Parliament acknowledge and taks well the continuance of their correspondence in communicating this counsell or advise to the Parliament, and remitts the same to be considered in the 2 severall bodies : But the Parliament desires in the mean tyme, till the returne of their answere (which they will doe with all possible speed), that the Comissioners of the Church wold take no course for publishing or devulging the same, and declaires that, as they conceive this offer of counsell from the Church to the Parliament does not derogat from Parliamentary power and libertie, so by this delay or answer they doe not meane any wayes to intrench vpon the priviledge dew to the Church or Comission therof, Their intention being ineerly for preservation of vnitie and good correspondence betuixt them. Eoctr actum. 4 Sic subscribitur, 4 Alexii. Gibson, Cle. Regrj.' The nixt melting at 2 afternoon. Edinburgh, 10 Martij 1648, post meridiem. Sederunt. — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Androw Cant : Mr. George Gillaspie : Mr. Mungo Law : Mr. George Hamiltoun : 1 ' Being ' is omitted in the 4to print of May 1848. - ' Their ' instead of ' the ' in 4to print. 388 PROCEEDINGS OF COMMISSION [10 mar. Answer to the Parliaments Paper of the 9 March. Mr. Alexander Moncreiff: Mr. George Hutcheson: Mr. James Hamil- toun : Mr. Alexander Livistoun : Mr. George Bennet : Mr. Robert Birnie : Mr. Robert Baillie : Mr. David Calderwood : Mr. David Dick- son : Mr. Colin Adam : Mr. James Guthrie : Mr. John Livistoun : Mr. Ephram Melvill : Mr. John Nevey : Mr. Thomas Kircaldie : Mr. George Lesly : Mr. George Gladstones : Mr. Samuell Rutherfurd : Mr. James Fleeming. Elders. — Craighall : Dundas : Libertoun : John Mill. The Comission appoints Mr. George Hutcheson to pray the morne in Parliament. This day the Lord Burley, Laird of Innes, and Sir Alexander Wedderburne, having come for answer to the paper sent yester- day from the Parliament, the Comission, thinking it not fitt that these noble gentlemen should attend, promised to send their answer with some of their own number tin's night. The Comission having heard the report of the Comittee appointed to draw an answer to the Parliament, Doe approve therof, and appoints Messrs. Robert Baillie, James Hamiltoun, and Mungo Law, with Dundas and Libertoun, to present their answer to the Parliament. Tenor wherof followes : — ' The Comission of the Generall Assemblie, having this day receaved, vnder the hand of the Clerk Register, the desire of the Honorable Court of Parliament concerning their Declara- tion presented to their Honours yesterday, Doe humbly returne this ansuer : — ' As we acknowledge it to be a great favour that the Honor- able Estates of Parliament doe take well the continuance of our correspondence in communicating our counsell and advise to their Honours, and that they professe their intentione for preservation of vnitie and good correspondence betuixt their Lordships and ws, without entrenching any wayes vpon the priviledge and liberties of the Kirk, ' So we are necessitat humbly to represent to their Honours that their desire to ws (to take no course for publishing or divulging the said Declaration till the returne of their answer) is such as 1 this Kirk hath not been formerly acquainted with the like. Neither can we be answerable to the trust put vpon us by God and the Generall Assemblie, if we neglect or delay to emitt and publish this Declaration, vnles we had assurance (which wee have not), that ther should be no danger to the Cause That ' for ' as ' in 4to print. ii mar.] OF GENERAL ASSEMBLY, 1648 389 by the delay. Otherwise we come vnder great guiltines if we neglect to give tymeous and dew warning not only to their Honours, but also to the whole kingdome, as God requires of watchmen in tyme of evident danger : Which made ws, as before in like cases we have done, to resolve vpon the printing of the said Declaration before we knew anything of their Honours desire for not publishing it. 4 Thus having exonered our own consciences, we humbly desire their Honours to rest confident that as we are cairfull to keip the liberty of the Kirk, so we shalbe most vnwilling to give to their Honours any cause of offence. 1 The brethren appointed to present this paper to the Par- liament returne this answer, that the Lord President said that the paper presented to them required no ansuer, and therfore the Parliament wold take such course therin as they thought expedient. The nixt meeting the morne at 10 houres. Edinburgh, 11 Marty 1648, ante meridiem. Sederunt. — Ministers. — Mr. Robert Douglas, Moderator. Mr. David Calderwood : Mr. David Dickson : Mr. Samuell Rutherfurd : Mr. James Fleeming : Mr. Androw Lawder : Mr. John Livistoun : Mr. James Guthrie : Mr. John Hamilton : Mr. George Gladstones : Mr. Alexander MoncreirF: Mr. Mungo Law: Mr. Androw Ramsay: Mr. John Adam- son : Mr. Androw Cant : Mr. William Colvill : Mr. Androw Fairfull : Mr. Robert Baillie : Mr. Alexander Livistoun : Mr. James Hamiltoun : Mr. John Nevey : Mr. George Bennet : Mr. George Lesly : Mr. Robert Lawrie. Elders. — Lord Marques of Argyle : Crafurd : Glencairne : Cassills : Lothian : Lawderdaill : Home : Lanerk : Callendar : Finlatour : Angus : Yester : Barganie : Wariestoun : Craighall : Dundas : Kilsyth : Libertoun : Sir James Steward : James Rouchhead : David Douglas. The Lord Burley, Laird of limes, and Sir Alexander Wedder- Answer to the burne, coming this day from the Parliament, shew that their ^cemfng Lordships, being very willing to keip a good correspondence D e ™afauon he with this Comission, desired to know if ther wes any intention to divulge their Declaration the morne in the kirks of this town ; The Comission declared that they had no intention to divulge the Declaration the morne, that [it] is their earnest desire to keip a good correspondence with their Lordships, and that the Clerk is not to give out any copies without publick order from the Comission, and appoints Messrs. Robert Baillie and mo PROCEEDINGS OF COMMISSION [13 mar. James Hamiltoun to goe to the Parliament and present this their humble answer. The Comission appoints Mr. George Hamiltoun to pray in the Parliament vpon Monday. The nixt meiting vpon Monday after sermon. Edinburgh, ISth Marti) 1648, ante meridiem. Sederunt: — Ministers. — Air. Robert Douglas. Modcratour. Mr. David Calderwood : Mr. John Adamson : Mr. Robert Baillie : Mr. Alungo Law : Mr. Androw Lawder : Mr. Samuell Rutherfurd : Mr. George Gillaspie : Mr. George Bennet : Mr. George Gladstones : Mr. George Lesly : Mr. Robert Birnie : Mr. George Hutcheson : Mr. James Hamiltoun : Mr. Androw Ramsay : Mr. Andro Cant : Mr. David Dickson : Mr. William Colvill : Mr. Colin Adam : Mr. Alexander Livistoun : Mr. George Hamil- toun : Doctor Colvill : Mr. Patrik Sheill : Mr. Ephram Melvill : Mr. Thomas Kircaldie : Air. James Guthrie : Air. John Livistoun : Air. Thomas Vassie : Air. Alexander Aloncreiff. Elders. — Craighall : Scots- craig : Kilsyth : Greanhead : Dundas : Libertoun : Sir James Steward : Lawrence Henderson : John Mill. Act for reading The Comission appoints the Clerk to divulge the printed the Declaration. c ,i 7 ^ i ,• ,1 copies 01 the Declaration presently. The Comission of the General) Assemblie appoints the printed copies of the Declaration emitted on the first of March instant, presently to be sent to Presbyteries, Ordaining heirby that every minister (as he will be answerable) read the samen himselfe to the Congregation, after fornoon sermon, befor the blissing, and that vpon the first Sabboth after the Declaration come to their hands ; And that Presbyteries returne spedily accompt of their diligence heirin. The nixt meiting at 2 houres. Edinburgh, VS Marty, post meridiem. AIinisters. — Air. Robert Douglas, Moderatour. Air. John Adamson : Air. Androw Cant : Air. James Hamiltoun : Air. Androw Lawder : Air. Robert Ker : Air. Ephram Alelvill : Air. James Guthrie: Air. John Nevey : Air. Thomas Kircaldie : Air. Alexander Aloncreiff : Air. George Gladstones : Air. George Hamiltoun : Air. David Calderwood : Air. David Dickson : Air. Samuell Rutherfurd : Air. Thomas Vassie : Air. Alungo Law : Mr. Colin Adam : Air. Patrik Sheill : Air. John Livistoun : Air. James Fleeming : Air. Alexander Livistoun : Air. George Bennet : Air. John Hay : Air. Robert Birnie : Air. George Gillaspie. Elders. — Craighall : Scotscraige : Dundas : Libertoun : Greanhead : John Semple : John Alill : George Porterfeild. 13 mar.] OF GENERAL ASSEMBLY, 1648 391 The Comission, being exceedingly sensible of the great Duelis. seandall given by some late dwells, will therfor take the same to their consideration. The Comission, having heard the report of the proceiding of the Comittee appointed for personall reformation, Appoints them to thinke vpon the matter againe, and perfyt the report. The Comission continues the petition of Patrick Grahame, inchbrakie. sone to Inchbrakie, for three or four dayes. The Comission having heard a letter written to the Modera- tour of the travells of Mr. Alexander Petrie about Mr. Johnstones book, doe appoint a letter of thankes to be written to him, as also that a letter be written to Sir David Cuning- hame for calling in these papers. Tenor of these letters folio wes : — 6 Reverend and loving brother, — We thanke yow hartily Letter to Mr. Alexin clcr for your paines in that we wrott concerning Mr. Johnstones p e tre. Historie ; It is our earnest desire yow continue still to labour with the printers, or any others that may contribute to the busines for getting the written copies. What our brother, the Moderatour, lies written shall be assuredly performed. For that you wrytt concerning a treatise De rebus gestis M. Montis Rosary, 1 we shall be glad yow send some of them to the Moderatour, that after sight therof we may accordingly take such course in it as shall be found fitting. Thus commending yow and your labours to the Lords grace, wee remain, ' Your loving brethren, The Commissioners oe the generall assembly."' Direct : For our Reverend brother, Mr. Alexander Petrie, minister of the Scots Kirk at Roterdarn. 4 Much honoured Sir, — Being informed of a treatise com- Letter to Sir David Cunin° pyled by our countryman, Mr. Johnston, by way of historie, hame. Uni " S 1 This was no doubt the treatise ascribed to Wishart, his chaplain, ' De rebus, auspiciis Serenissimi ac Potentissimi Caroli . . . sub imperio illustrissimi Jacobi Montisrosariwi Marchionis . . . Supremi Scotia Gubernatoris, anno 1644 et duobns sequentibus, praxlare gestis Commentarius^ the first edition of which appeared in Holland in 1647, and a second and enlarged edition in 1648. A •copy of it is said to have been tied about the neck of the Marquis when he was executed. 392 PROCEEDINGS OF COMMISSION [14 mar. wherin he exceedingly wrongs this Kirk, and some of the pryme instruments of our Reformation, we thought it our duty rather to prevent the publishing of it then to take such course, for puting away these calumnies, as might rub vpon the memory of the author now after his decease : Therefore, Sir, vnderstanding that yow have some interest or trust in his affaires and papers, we thought good, in name of this Kirk, to desire earnestly that yow might be pleased to hinder the printing of that treatise, which, we think, cannot be done, except all the copies of it wer called in, and such course taken therwith as yow and we might thinke fittest. This is all we have to say : but expecting in this mater, wherin Religion and this Kirk is so much concerned, your favourable answer, We remain, ' Your loving brethren to be commanded in the Lord, The Commission bus of Tin-: Genekall Assemblie. 1 Direct : To the much honoured Sir David Cuninghame. Edinburgh, 14 Marty 1648, ante meridiem. Sederunt: — Mixistkrs. — Mr. Robert Douglas, Moderatour. Mr. David Calderwood : Mr. James Hamiltoun : Mr. George Bennet : Mr. George Gladstones : Mr. Androw Lawder : Mr. Robert Ker : Mr. Ewin Camron : Mr. Patrik Sheill : Mr. Samuell Rutherfurd : Mr. Hew Mackaell : Mr. Androw Cant : Mr. Mungo Law : Mr. John Adamson : Mr. David Dickson : Mr. John Livistoun : Mr. Alexander Livistoun : Mr. George Hutcheson : Mr. Thomas Kircaldie : Mr. Francis Aird : Mr. James Guthrie: Mr. Robert Birnie : Mr. Colin Adam: Mr. James Fleeming : Mr. John Xevey : Mr. Alexander Moncreiff : Mr. George Gillaspie : Mr. John Hay. Elders. — Craighall : Libertoun : Balmain : Kilsyth : Dundas : Lawrence Henderson. The Comission appoints Mr. James Guthrie to prav the morne in Parliament. The Comission appoints Messrs. Robert Douglas and James Guthrie to preach to the Parliament the nixt Sabboth, and that Mr. Francis Aird preach for Mr. Robert Douglas in his kirk. Concerning the T ne Comission, considering the frequency of duells at this lat duells be- tvme, doe therefore thinke it incumbent to them to think vpon tuixt the Lords. * . . 1 fitting overtures how to prevent all duells in tvme coming, and in the meane time appoints Messrs. Androw Cant and David Dickson, with the Moderatour and Craighall, to goe to the Marques of Argyle, Earles of Crafurd and Lanerk, and Major 14 MAR.] OF GENERAL ASSEMBLY, 1648 393 Innes, and to shew them the sense of the Comission of that scandalous offence, they are guilty of, by the combat they intended ; 1 and that they report the morne whither they find them sensible of such offence or not. The nixt meeting at 4 houres. Eodem die jjost meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson: Mr. AndrowCant: Mr. George Gillaspie : Mr. James Guthrie: Mr. Robert Baillie: Mr. Colin Adam: Mr. Francis Aird : Mr. George Gladstones : Mr. Robert Birnie : Mr. Thomas Kircaldie : Mr. Androw Lawder : Mr. George Lesly : Mr. David Calderwood : Mr. David Dick- son : Doctor Colvill : Mr. James Hamiltoun : Mr. Mungo Law : Mr. Evin Cameron : Mr. George Bennet : Mr. John Nevey : Mr. George Hamiltoun : Mr. James Fleeming : Mr. William Colvill : Mr. Alexander Moncreiff: Mr. Patrik Gillaspie: Mr. Alexander Livistoun. Elders. — Craighall: Kilsyth: Dundas : Libertoun : Lawrence Henderson. This day the letter from the Protestant Kirks of the Cantons, Letter from the which was sent to the late Assembly, being read, the Comission Cantons - thinks fitt it be represented to the Parliament the morne by Messrs. Robert Baillie, Doctor Colvill, and James Hamiltoun, and will thinke vpon what answer to returne. The Comission, vnderstanding of some scandells of contradic- Comitteefor tiones in pulpits, Doe therefore appoint Messrs. David Calder- Si^o^some wood, Robert Baillie, Doctor Colvill, David Dickson, Androw jj^^jjjjjjjj^ Cant, James Guthrie, Hew Mackaell, John Nevey, Francis of Edinburgh Aird, James Nasmith. George Hamiltoun, and Ephram Mel- and Leith- vill, with Craighall, Dundas, Findoury, and John Mill, to informe themselfes of these scandells of contradictiones amongst ministers in Edinburgh and Leith, and to consider of overtures for preventing the lyke in tyme coming ; and to report : Their meiting to be in this place the morne at 8 houres. The nixt meetinnuck: Dundas: Libertoun: Findawrie: Sir James Stewart: John Semple : Lawrence Henderson. This day the drawght of the Answer to the Parliaments Answer to the Paper being read wes approvin vnanimously, Therfore the Paper mentS Comission appoints Messrs. Robert Blair, James Fleeming, James Nasmith, and Robert Ker, Cesnuck, and Sir James Stewart, to present it presently to the Parliament. Tenor of the Answer followes : — 426 PROCEEDINGS OF COMMISSION [30 mar. Answer to the Parliaments Paper. Mr. Androw Ramsay. Concerning the infrequencie of the meeting. 6 Edinburgh, pemdtimo Marti] 1648. 6 The Comission of Assembly, having this day received a Paper from the Honourabill Estates of Parliament, desiring a Confer- ence vpon our late Desires, and the Parliaments Answer given therevnto, and also vpon the state of the question and whole matter, Doe humbly returne this answer : — f That as wee have been, so wee are still, willing to appoint a Conference vpon the 8 Desires lately presented to your Lordships, and vpon the vnsatisfactorines of your Lordships Answer thervnto, and if your Lordships shall yet be pleased to give reall and cleare satisfaction to our said Desires, wee shall immediatly herevpon appoint some of our number to conferr with a Comittee of Parlia- ment vpon the state of the question. This insisting vpon satisfac- tion to our Desires, before we appoynt a Conference vpon the state of the question, doth not proceed from any peremptorines about words or things of small moment, nor from any partiality or self- interest, nor from any inclination to stretch ourselves beyond our lyne, nor from intention to obstruct any lawfull endeavours, either for preserving Monarchicall Government in the Kings Majestie and his posterity, or for opposeing and suppressing of Sectaries ; Our record is in heaven ; Wee abhorre and detest all such wayes. But our reall purpose is to keepe ourselves so free, that in an implicit way wee consent not to, nor concurre in, stateing of a question of warre, before wee see the safety and security of Religion sufficiently provided for ; being tender of the great trust committed to us as the servants of Jesus Christ and officers of his Kingdome for preserving the precious jewell of Religion, which ought to be, as well to your Lordships as to ws, abone all w T orldly interests.' The Comission continues the mater concerning Mr. Androw Ramsay vntill the morne at ten houres, and in the meane tyme appoints sumonds to be given out for citing witnesses to the same dyet. The Comission appoints Messrs. Samuell Rutherfurd, Robert Ramsay, John Smith, to consider of some overtures for bring- ing brethren to the Comission this tyme when busines of so great affaires are in agitation. Mr. Ephram Melvill appointed the morne to pray in Par- liament. The nixt meeting the morne at 10 houres. 31 mar.] OF GENERAL ASSEMBLY, 1618 427 Edinburgh^ vltimo Marty 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Andro Cant : Mr. Samuell Rutherford : Mr. William Colvill : Mr. Robert Ker : Mr. James Guthrie : Mr. Evan Camron : Mr. Patrik Gillaspie: Mr. George Murray: Mr. John Adamson : Mr. Robert Blair : Mr. James Fleeming : Mr. Robert Ramsay : Mr, Alexander Spittle : Mr. Zachary Boyd : Mr. James Hamiltoun : Mr. Mungo Law : Mr. George Gladstones : Mr. George Gillaspie. Elders. — Lord Craighall : Cesnock : Dundas : Liber- toun : Findawrie : Sir James Stewart : Lawrence Henderson : John Mill. This day, Mr. Andro Ramsay appearing personallie, and a Mr. Andro promiscuous multitude, or in great number, comeing with him Busines^ in a very tumultuous way, 1 Therfor befor the Comission entered ypon the busines concerning Mr. Andro, they sent Messrs. llobert Blair, Robert Ramsay, and William Colvfll, to present to the Towne Counsell this great contempt of, and wrong done to, this Judicatorie by such a tumult, and desire that they presently send to remove that tumultuous multitud, as also that they punish those that have had principall accession therto, and take notice of such tumults, for preventing the like in tyme coming. The Comission appoints also the Petition to be given to the Petition to the Parliament which followes, and that Messrs. Androw Cant, fining the C ° n " Robert Blair, and Dundas, present it :— tumuiHn Mr " ' ' r Andro Ram- 1 To the Right Honourable the Estates of Parliament, sa y es mater - The humble Petition of the Comissioners of' the Generall Assembly, 6 That while wee wer about a legall tryall of a scandall vpon Mr. Andro Ramsay of some poynts of vnsound doctrin, tend- ing to the subversion of Presbyteriall Government and the work of Reformatioun, wee are this day impeded by a promis- cuous multitude coming in a great number, in a very tumultous way, to our meeting, who yet stay about the doores of the place of our meeting, and are countenanced and assisted by some members of the honourable Court of Parliament, namely, the Lord Forrester and Clerk Register. It is therfore our humble desire that their 2 Lordships may be pleased to take such course therin, especially with their owne members, as becomes 1 There are some erasures and alterations on these clauses, as if the Commis- sion had been somewhat agitated by the tumult which had occurred. 2 ' Their ' is written over ' your.' 428 PROCEEDINGS OF COMMISSION [31 mar. Mr. Andro Ramsay. the justice of the Court of Parliament, and is fitt for preventing the like miscariages in tyme coming. 1 Appoynts Mr. Andro Ramsay, personallie present, to appeir againe at 2 afternoon. Overtures to Parliament and Assembly. Tumult in Mr. Andro Ram- sayes busines. Complaint to the Parliament. Comittee for Conference with the Comittee of Parliament. Edinburgh, vltirno Marty 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Robert Blair : Mr. John Adamson : Mr. Samuell Rutherfurd : Mr. James Fleem- ing : Mr. Alexander Muncreiff : Mr. James Guthrie : Mr. Patrik Gillaspie : Mr. George Rutherfurd : Mr. John Smith : Mr. Andro Cant: Mr. Zachary Boyd : Mr. George Gillaspie: Mr. Mungo Law: Mr. Ephram Melvill : Mr. Alexander Spittle: Mr. James Hamiltoun : Mr. Robert Ramsay : Mr. Andro Fairfull : Doctor Colvill : Mr. ^V r illiam G'olvill. Elders. — Lord Craighall : C'esnock : Libertoun : Sir James Nicolsoun : Sir James Stewart : Findawrie : John Mill. This day, report being heard from the Comittee for preparing overture for personall reformation, and of overtures for the Parliament, The Comission appoints the Clerk to draw the overtures to the Parliament in forme, that they may be pre- sented to the Parliament, as also the other overtures, that they may be given to the nixt Assembly ; and doe also thinke fitt, that in letters to Presbyteries, they be desired to think vpon any overtures they have of that nature to present to the Assemblie. The Comission, vnderstanding that the Lord Forrester and Clerk Register desire to speake to them, Therfore doe appoynt Messrs. John Smith and Mungo Law to goe to those Lords, and show them that they would not hear them if they wer to speak in Mr. Andro Ramsayes busines, becaus they had given a com- plaint against them to the Parliament for their miscariage in that matter, wherin they wer still continueing now in the afternoon, a promiscuous multitud being now also with them thronging rudely about the doors. The Comission desires Messrs. Andro Cant and Robert Blair to goe to the Parliament and shew their Lordships that the tumult is yit continued in the afternoon which wes complained of befor noon, ther being a promiscuous multitud thronging rudely about the doors, and the Lord Forrester and Clerk Register with them. The Comission of Assembly, adheiring to their former Desires, appoynts the Moderatour, Mr. Robert Douglas, Messrs. 3i mar.] OF GENERAL ASSEMBLY, 1648 429 Andro Cant, Robert Blair, Samuell R uth erf urd, Robert Ram- say, George Gillaspie, John Smith, and James Guthrie, Craig- hall, D undas, and Libertoun, to be a Comittee to conferr with the Comittee of Parliament vpon these desires lately presented to the Parliament, and vpon the vnsatisfactorienes of their Lordships Answer thervnto, and to report. Mr. Andro Ramsay gave in his answers, which being read, Mr. Andro The Comission desires that he may give a positive and short Ramsa y- answer to the particulars, by denying or affirming, without large discourses, against Monday at % houres. The Comission appoints the letter following to be sent to Synods for their information : — * Reverend and deare brethren, — Knowing that vow are Letter to now about to assemble, in the name of the Lord Jesus, vpon Assemblies, the affaires of his house, wee, who are employed with yow in the same work of the Lord, thinke it expedient to acquaint yow with our proceedings heer, and to represent vnto yow our desires in reference to the publick affaires, not doubting but yow will improve both to the best advantage of the Cause of God in these dark and difficult tymes. 6 Efter the recept of his Majesties letter, written vnto ws from Carisbrook Castle, and sent by the Comissioners of this Kingdome, and the report maid by them of his Majesties offers in that which concernes Religion and the present posture of affaires in England, wee found it necessary to publish a Declaration to the whole Kirk and Kingdome of Scotland concerning present dangers and dewties, and wee doubt not bot befor this tyme the same is come vnto your severall Pres- bvteries, and hath bein read publictly in each paroch kirk, according to the Act sent therewith. It will be needfull for yow to make accurat search concerning this thing, whither ther be any who have not read it, or put false glosses vpoun it, or spoke or preached against it, or schawin their disaffection therof any way : And gif any such shall be found, that yow take a course for ceiting them to compeir befor the nixt Generall Assemblie, ther to rander an accompt of their dis- affection and disobedience to that which so much concernes the Covenant and the ends therof, the good and safety of Religion, the honour and happines of the King, the preservation 430 PROCEEDINGS OF COMMISSION [30 mar. of Monarchie in his persone and his posteritie, and the vnion betuixt the Kingdomes. Wee trust also that yow will tak notice of the cariage of people heirin, that such as have removed themselves from the congregatioun at the reading therof, or have in any other scandalous way rubbed ther vpon, may be noted as men disaffected to the work of God, and proceedit against in their severall Presbyteries according to the degree of their offence ; And that Presbyteries make report of their diligence in all the premisses vnto the nixt quarterlie meeting of the Comission in Maij. Since the emitting of the Declaration wee have bein prest by the honourable Estates of Parliament to confer vpon the state of a question for warr, in which wee have resolved to give no judgment vntill we vnderstand the wholl complex bussines : And therfore we have proponed vnto their Lordships eight humble Desires (a copie wherof wee have sent vnto vow), and as yitt we have receavit no satisfactorie answer thervnto. And as we desire that yow will give ordor vnto your severall Presbyteries to wait vpon infor- mation from ws in the publict affaires, which we sail com- municat vnto them from tyme to tyme, so we expect that they will tymeously acquaint ws with anything that needs publict advyse. Amongest vther things which we have taken in con- sideratioun, we thought it incumbent to ws seriously to look vpon the causes of the Lords wrath against the land, which as it hath been manifested these veires in many scharpe rodes, so doeth it still continew and threatten ws with farder things to come. This lies led ws vnto the search of the sinnes of this nation, and vnto thoughts of some overtures and remedies against the same. What is civill therm and doeth concerne the Parliament, wee are now about to represent vnto them ; what is ecclesiastick we resolve to offer vnto the consideration of the Generall Assembly. In the meane while wee have hope that as yow will not forgett to mourne for all the abomina- tiones that are comitted in the land, so wee are confident that quhilst yow are now assembled togither, vow will faithfullie and zealouslie, to the vtmost of your powar, indevour the preserva- tion of treuth and vnitie against all errour and schisme, and to studie the bearing doune of ignorance and prophanitie, and the promoveing of the knowledge of God and godlines, That 3 APRIL] OF GENERAL ASSEMBLY, 1648 431 so the Lords wrath may be turned away from ws, and his people armed against temptations on all hands, both from Sectaries and Malignants, and that yow will recomend to Presbyteries to tak in serious consideration the sinnes and provocations of the land, and as to put in execution Acts alreadie maid, so to bring in the catalogue of those sinnes, with ther best overtures to the nixt Generall Assemblie con- cerning the remedies therof. ' The affaires which have been in agitation here these weekes past ar of great importance to Religion, and therfore as we esteme well of those who have made conscience to attend, so we leave those who have not come at all, or have with drawin themselves too soone without a reasonable excuse, to the Generall Asseiaiblie to be takin notice of. And in the mean tyme wee intreat that yow will tak cair that such of your number as ar members of the Comission may studie to keepe the dyetts therof in tyme comeing. So trusting that yow will bear burdein for ws befor the Lord, as we sail endeavour to doe on your behalff, wee rest, ' Your affectionat brethren in Jesus Christ, Edinburgh, The Commissioners vltimo Martij 1648. of the Generall Assemrlie.' Edinburgh, 3 Aprilis 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. George Gillaspie : Mr. Zacharie Boyd : Mr. James Guthrie : Mr. George Glad- stons : Mr. Alexander Muncreiff : Mr. Thomas Kircaldie : Mr. Patrik Scheill : Mr. Robert Ramsay : Mr. Andro Cant : Mr. John Smith : Mr. Evan Cameron : Mr. George Rutherfurd : Mr. George Lesly : Mr. Alex- ander Livistoun : Mr. James Hamiltoun : Mr. William Colvill : Mr. George Bennet. Elders. — Lord Craighall : Balmayn. Mr. Zachary Boyd appoynted, if he be in town, to pray the morne befor the Parliament, and if he be out of town, Mr. George Rutherfurd. Continues Mr. Andro Ramsayes bussines whill Wednesday Mr. Andro at 2 houres afternoon. Ramsay. Becaus the Comittee of Parliament desires a Conference againe in the afternoon, Therfor the Comission thinks fitt to dissolve, and to appoint the nixt meeting the morne at 10 houres. 432 PROCEEDINGS OF COMMISSION [4 APRIL Edinburgh, 4 Aprilis 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Mungo Law : Mr. George Bennet : Mr. Robert Blair : Mr. Patrik Scbeill : Mr. Alexander Livistoun : Mr. Andro Fairfoull : Mr. Thomas Vassie : Mr. John Adamson : Mr. Andro Cant : Mr. James Guthrie : Mr. Patrik Gillaspie : Mr. George Rutherfurd : Mr. Alexander Muncreiff : Mr. Robert Ramsay : Mr. John Smith: Mr. Evan Cameron: Mr. James Hamiltoun : Mr. George Gladstons. Elders. — Lord Craighall : Liber- toun : Sir James Stewart: John Sempell. The Comission appoynts Messrs. Andro Cant and Mungo Law to preach befor the Parliament the nixt Sabboth. Mr. Samuell Row to pray the raorne to the Parliament. Comitteefor The Comission appoynts Messrs. Robert Blair, John Smith, makethe t0 Andro Cant, James Hamilton, James Guthrie, Alexander Sequent° n m ° rC Livistoun, Robert Ramsay, Libbertoun, and John Semple, with the Moderatour, to confer vpon the best meanes for making the meetings of the Comission more frequent, and to report. Report concern- The Moderatour this day reported concerning the Conference ence the C ° nfer appoynted with the Comittee of Parliament, ther lies nothing followed vpon it, but that they thought the Lords left the Conference very abruptly yesterday, nothing being granted, and whither they are to desyre a inciting againe they know not. The nixt meeting at 3 houres in the afternoon. Edinburgh, 4> Aprilis 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. 'Mr. Andro Cant: Mr. Zachary Boyd: Mr. Patrik Gillaspie: Mr. George Lesly : Mr. Alexander Moncreiff : Mr. Patrik Scheill : Mr. Thomas Vassie : Mr. Evan Camron : Mr. John Adamson: Mr. Robert Blair: Mr. James Guthrie : Mr. Mungo Law : Mr. George Bennet : Mr. Alexander Livistoun : Mr. George Rutherfurd: Mr. George Gladstons: Mr. John Smith: Mr. Robert Ramsay. Elders. — Lord Craighall : Dundas : Findawrie : Liber- toun : John Semple : Sir James Stewart. Letters to the The Comission appoynts letters to be written very seriouslie 2 > s I ^ lssloners and peremptorly to all the members of this Comission to come to the Comission, that the meetings may be mor frequent at such a tyme of necessitie. Comittee for The Comission appoynts Messrs. Robert Blair, Andro Cant, Tumuu ing thC James Guthrie, Robert Ramsay, George Gladstones, and Patrik 5 APRIL] OF GENERAL ASSEMBLY, 1648 433 Gillaspie, Dundas, John Semple, to be a Comittee to try who had principall accession to the tumultuous meeting vpon Fryday last about Mr. Andro Ramsayes bussines, what wer the threatning expressions that wer then vsed, and by whom they wer vttered, who have threatned the witnesses or laboured to withdraw them ; and to report. The Comission appoynts Messrs. Evan Camron and George Rutherfurd to preach for Mr. Mungo Law the nixt Sabboth. Edinburgh, 5 Aprilis 1648, post meridiem. Sederunt .'—Ministers. — Mr. Robert Douglas, Moderatour. Doctor Col- vill : Mr. George Lesly : Mr. George Bennet : Mr. James Guthrie : Mr. Andro Fairfoull : Mr. Evan Cameron : Mr. Patrik Scheill : Mr. Patrik Gillaspie : Mr. Patrik Sibball : Mr. James Hamiltoun : Mr. Andro Cant : Mr. Robert Ramsay : Mr. Ephram Melvill : Mr, Alexander Mun- creiff : Mr. Robert Blair : Mr. George Gillaspie : Mr. Thomas Vassie : Mr. Mungo Law : Mr. Thomas Kirkcaldie : Mr. John Smith : Mr. William Colvill. Elders. — Lord Craighall : Balmayn : Dundas : Libbertoun Findawrie : Sir James Stewart : James Rouchhead. Concerning the petition for planting the kirks of Badinoch Kirks of the Comission appoints the letter following to be written to Badmoch - the Province of Murray and Presbytery of Aberlour : — 6 Reverend axd loving brethren, — Having receaved a peti- Letter to the tion from the Lord Marquesse of Argyle in name of the people Murray for of Badinoch, desyreing an recommendation for planting the Badulo?h° f vaking kirks ther, Therfor knowing the great necessitie of the distressed people in these parts, through ther long want of the confort of the ministerie there, Wee do therfor earnestly recomend to yow to have a speciall cair of the planting of the vaking kirks in Badinoch with all possible diligence ; And being desired to interpon our selfs for transporting Mr. Donald Mackferson, minister at Caddell, to Kingassie, and for admit- ting Mr. John Dolar to the kirk of Laggen and Alvie, wee doe recomend these particulars to your owne consideration, who can best judge of the expediencie therof. Only wee desire that yow will tak such course therin as yow shall find best for the good of the congregations. Wee doe also recomend vnto yow to have cair to supplie the garrisone in Ruthven of Badinoch with a minister from tyme to tyme, and that they be no longer left destitut without preaching and other ordi- 2 E 434 PROCEEDINGS OF COMMISSION [5 april Letter to the Presbyterie of Ellon concern- ing Mr. David Leith. Recommenda- tion for supplye ing the places of the Commis- Letter to the Presbyterie of Dumbartan, in the behalfe of Mr. Ewau Camerone. nances, as wee ar informed they have been. Comitting all this to your speciall cair, Wee remain, ' Your loving brethren, Edinburgh, The Commissioners 5 Aprytt 1648. of the Genera ll Assemblie.' To the reverend brethren of the Province of Murray and Presbyterie of Aberlour. Concerning Mr. David Leith, the Comission appoynts the letter following to be written to the Presbytery of Allan : — 6 Right reverend and welbeloved brethren, — These are to show yow that our brother, Mr. David Leith, being employed in paraphrasing the songs of the Old and New Testament, hes been in this town some tyme, and for als much as he yet is appointed to continue in that employment, our earnest desyre is that yow endevour you selfes joyntly for his further encour- agment in that work, provyding that it be no hinderance to him in his present charge. So recomending yow and your labours to the blissing of God, Wee rest, 6 Your loving brethren, &C. 1 Edinburgh, 5 Apryll 1648. Direct : To their reverend brethren of the Presbyterie of Ellon. The Comission appoynts Mr. Alexander Muncreiff to pray the morne in Parliament. The Comission appoynts that in the letters that shall be sent to Presbyteries ther be a recomen dation to them to sup- plie in all ministeriall dewties the absence of ther brethren that attend this Comission. Concerning the desire of Mr. Evan Cameron, the Comission appoynts the letter following to be written in his behalf : — 4 Reverend and loving brethren — Wee ar informed by Mr. Evan Cameron, minister in Dunnoone, that being banished from his awin charge, his parochiners scattered, and the enemies then haveing that countrie in their command and having after- wards brunt it, he sheltered himself within the bounds of your Presbyterie, and that he fund the favour of yow, that both by your Presbytery and Parochine of Hosneth (it being at that 5 APRIL] OF GENERAL ASSEMBLY, 1648 435 tyme vaiking), he wes invited to exerce his talent at that chairge, till either his awin parochin wer in some measure planted, or yow had occasion to plant that paroch with a qualified man. And becaus wee ar informed that ther ar some entring in proces with him for his absence from that employ- ment in Rosneth, which to our knowledge wes occasioned by his being Comissioner to the tua last Generall Assemblies, and by his being on of the Comissioners from these tua Assemblies for the publict affaires of this Kirk, which employments did necessarly call not only for his attendance at all the dyettis of these meitings this and the last yeir, but lykewayes for the attendance of many others, who wer intrusted in the same service, Th erf ore wee hope that his absence vpon these publict employments will be so farr from being with yow any ground of a process, censure, or other preiudice to him quhatsumeuer, that we expect yow will rather give him some testimony of thanks for that attendance, and endevour to remove ony mis- construction that his parochiners or any other make for his necessary absence. So recomending this to your speciall cair, Wee remain, Your loving bretheren, Edinburgh, TlIE COMMISSIONERS OF 5 Apryll 1648. the Generall Assemblie. 4 We desir that yow may vse diligence for planting Rosneth with a qualified honest man, that Mr. Evan may be returned to his own charge." For Dumbartan Presbyterie. The Comission of Assembly, having heard the petition of Reference for Patrik Grahame, younger of Inchbrakie, humbly acknowledging ofVatHk^ 1011 his offences, Doe referr him to the Provinciall of Perth, desyre- Graham, called ing them, after tryall of his life and conversation, and evidence of Inchbraky - of vnfained repentance for the offences for which he wes ex- comunicat, to prescribe his satisfaction in saccloth, and ther- after to give order for his relaxation. The nixt meeting the morne at 10 houres. Edinburgh, 6 Aprilis 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Doug-las, Moderatour. Mr. Mungo Law : Mr. George Lesly : Doctor Colvill : Mr. Patrik Sheill : Mr. 436 PROCEEDINGS OF COMMISSION [6 april Witnesses in Mr. Andro Ram say es bussines. Witnesses ex- cepted against admitted. The rest of the witnesses ad- mitted. Committee for examining these witnesses. George Rutherfurd : Mr. Robert Ramsay : Mr. William Colvill : Mr. Andro Stevinson : Mr. Andro Cant : Mr. j ames Hamiltoun : Mr. George Bennet : Mr. Ephram Melvill : Mr. Evan Cameron : Mr. Robert Blair : Mr. Andro Fairfull: Mr. James Guthrie: Mr. George Gillaspie. Elders. — Balmayn : Dundas : Libbertoun : John Semple : John [Mill]. This day, John Ramsay, William Castillaw, Mr. James Winrhame, George Lesly, James Trotter, Mr. James Browne, elders, John Burnes, Robert Atcheson, William Lorimer, Patrik Borthwick, Gilbert Hardie, and William Mitchelsone, deakons, in Mr. Andro Ramsayes parosh, warned as witnesses in Mr. Andros bussines, appearing — The said Mr. Andro, per- sonallie present, excepted against the said Robert Acheson, William Lorimer, and William Mitchelsone, why they could not be witnesses, 1. Becaus he wes informed they had given information of some of the particulars he wes charged with to some of the members of this judicatorie, and so being informers, could not be his witnesses. 2. Becaus, notwithstanding they wer deakons, yet they did absent themselves some tymes from his preaching on the Lords day. The Comission taking the said exceptions to consideration, find that the said three deacons excepted against should purge them-selves vpon oath whether they have given partiall counsell or information against the said Mr. Andro out of malice or not, and find the 2d excep- tion nowayes relevant as it is proponed. The said Robert Achesone, William Lorimer, and William Mitchelson, being called and sworne, declared that they had given no partiall counsell or information against the said Mr. Andro out of malice, Therfor the said Mr. Andro having no more to except against them, the said 3 deacons wer admitted to be witnesses and sworne. The elders and the rest of the deacons (Mr. Andro excepting no thing against them) wer also all received and sworne, and all appoynted to returne afternoon to depone. The Comission appoints Messrs. Andro Cant, Robert Blair, James Guthrie, George Bennet, and Dundas, John Semple, John Mill, to be a Comittee for examining the said witnesses, and to meet here in the afternoon at 4 houres. The nixt meeting the morne at 10 houres. 7 april] OF GENERAL ASSEMBLY, 1648 437 Edinburgh, 7 Apr ill 1648, ante meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, M oderatour. Mr. Robert Blair: Mr. Robert Ramsay: Mr. John Hamiltoun: Mr. John Smith: Mr. William Colvill : Mr. George Bennet : Mr. George Rutherfurd : Mr. And.ro Cant: Mr. George Gillaspie : Mr. James Hamiltoun : Mr. James Guthrie : Mr. Ephram Melvill : Mr. Alexander Livistoun : Mr. Patrik Scheill : Mr. Mungo Law: Mr. Andro Stevinson. Elders. — Balmayn : Dundas : Libbertoun : Findawrie : James Rouchhead : Lawrence Hen- derson : John Semple: The Comission appoynts Messrs. George Bennet to pray in Mr. Andro Parliament afternoon, John Hamiltoun the morne, Mr. Wil- Ramsa y- liam Colvill vpon Monday, or their nixt meeting. The Comission appoynts Mr. David Prymrose, advocat, John Wilkie, wrytter, Mr. John Hay, advocat, Mr. Thomas Henderson, advocat, Mr. William Thomson, Mr. William Jack, Mr. Alexander Peirson, advocat, John Flint, the Laird of Scotscraige, to be cited as witnesses in Mr. Andro Ramsayes bussines, and to appeir vpon Mononday afternoon, and that Mr. Andro be warned to the same dyet. The Comission appoynts Messrs. Andro Cant, Robert Blair, Tumult in Robert Ramsay, to seek the answer from the Parliament of Ram^ayesT the complaint given this day vpon the tumult in Mr. Andro bussines. Ramsayes bussines. The Comission, having considered an informatioun given David Spence. in against David Spense his miscariage at the reading of the Declaration, desire the Clerk to consult the Kings advocat theranent. The nixt meeting at 3 afternoon. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Robert Blair : Mr. Mungo Law : Mr. John Smith : Mr. James Hamiltoun : Mr. George Rutherfurd : Mr. George Lesly : Mr. Andro Cant : Mr. George Gillaspie : Mr. Robert Ramsay : Mr. John Hamiltoun : Mr. James Guthrie: Mr. Ephram Melvill : Mr. John Sempill. Elders. — Dundas: Libbertoun : Findawrie : Alexander Livistoun : Lawrence Henderson. The Comission appoynts Messrs. Andro Cant and Robert Concerning the Blair to goe to the Thesaurer for the 500 lib. sterling and 5 ?° lb - s ; erling . . . ° ot annuitie. show his Lordship that if he will not pay it, at the leist on yeirs payment of so many resting, they will be forced to move the bussines to the Parliament. The Comission appoints Mr. John Smith to pray the morne 438 PROCEEDINGS OF COMMISSION [ioapril to the Parliament, and Mr. John Hamiltoun to pray, in place of Mr. Evan Cameron, for Mr. Mango Law. This day a letter produced and read from the Presbytery of Hadingtoun concerning; the reading of the Declaration. Tenor wherof followes : — Letter from the ' Right Reverend, — Wee have each of \vs read the Declara- Hadingtoun f tion lately sent to ws, exactly according to the order prescrived concerning j n || ie Act sen t therwith, whereby as wee acknowledge that their reading of ' J ° the Declaration, wee have received full and tymous satisfaction to our sens and our flocks concerning the state of publict affairs, so doe wee thanke God heartilie for your faithfulnes and vigilancie, and shall pray that the Lord may be pleased to increase vpon yow his light and strength, quhairby yow may be able for the future to give information to ws and others, and to stand steadfast against such oppositions and contradictions as the enemie of the work of God will still be stirring vp instruments to make vnto the Cause in hand. So comending yow and your labours in the Lords work to his grace and blissing, wee rest, ' Your loving brethren of the Presbytery of Hadingtoun, Hadingtoun, Sic Subscribltur, Ro. Ker, Mod r . Aprilc o, IG-48. T. Stirljxg, Cls. in presence and at command of the Presbytery? The nixt meeting on Monday at 2 houres. Edinburgh, 10 Aprilis 1648, post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Robert Blair : Mr. Robert Ramsay : Mr. John Hamiltoun : Mr. George Ruther- furd : Mr. Andro Cant : Mr. William Colvill : Mr. James Hamiltoun : Mr. John Smith: Mr. Evan Cameron. Elders. — Balmayn : Findawrie : Sir James Stewart : Lawrence Henderson. This day, report from the Presbyterie of Dunbar concerning the reading of the Declaration. Tenor quhairof followes : — ' At Dunbar, March 20, 1648. Report from 6 The whilk day all the brethren of the Presbytery being Dur?bar. ry ° f present, wer asked if they had read, as was directed, the Decla- ration sent from the Comissioners of the Generall Assemblie, and ansred they had all done it. 6 Sic subscribitur, Johx Daliell, Mod r ? 1 1 April] OF GENERAL ASSEMBLY, 1648 439 Continues Mr. Andro Ramsay and the witnesses vntill the Mr. Andro morne at 10 houres. Ramsay - The nixt meeting the morne at 10 houres. Edinburgh, 11 A prills 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Robert Blair : Mr. Mungo Law : Mr. James Guthrie : Mr. Francis Aird : Doctor Colvill : Mr. Andro Fairfull : Mr. Andro Cant: Mr. James Hamiltoun : Mr. John Hamiltoun: Mr. George Rutherfurd : Mr. Evan Cameron: Mr. John Nevey : Mr. John Smith : Mr. Walter Bruce. Elders. — The Comission appoynts a petition to be drawen to the David Spensc. Parliament representing the ryot comitted by David Spense. This day appeired Mr. Alexander Peirson, Mr. David Prym- Witnesses in rose, Mr. William Thomson, and John Flint, witnesses in the Ramsays™ matter concerning Mr. Andro Ramsay. The said Mr. Andro bu ssmes. excepted against Mr. Alexander Peirson, that he cannot be Exception received a witness against him, becaus the last yeir when Mr. Alexander*"' Andro preached de rege non dedendo Anglis, that Mr. Alex- Peirson repelled, ander vttered this expression vpon occasion of that sermon 4 That he wondered that Mr. Andro was not pullit out of the pulpit.' The Comission repelles the exception as not relevant ; And thereafter Mr. Alexander having declared that he only spoke something shewing his greife at some points Mr. Andro had that tyme in his sermon, but not in such expression as Mr. Andro alledges, the said Mr. Andro passed from the exception. The said day Mr. Andro excepted against John Flint, John Flint [1.] Becaus he did not ordinarlie heare him preach ; 2. becaus iecelved ' he had given informations in some particulars wherwith he wes charged to some of the members of this judicatorie. The Comission finds the first exception against John Flint not relevant, and for the 2d finds that John Flint should purge him self by oath that he hes given no partiall counsell nor in- formation against Mr. Andro, out of malice, which wes accord- ingly done. Mr. Andro having no more to say against the 4 witnesses witnesses this day appearing, the Comission therfor received the witnesses, adm y tted - and they being sworne, wer appointed to come againe in the afternoon. 440 PROCEEDINGS OF COMMISSION [u april Mr. James Hamiltoun ad- mitted witnesse, Comittee for examining the witnesses in Mr. Andro Ramsayes bussines. The Comission conceaving it necessar to examine Mr. James Hamiltoun, Mr. Andro Ramsayes collegue, and Mr. Andro objecting no thing to the contrair, doe therfore receave and swear the said Mr. James. The Comission appoynts Messrs. Robert Blair, Andro Cant, Doctor Colvill, James Hamiltoun, James Guthrie, Findawrie, John Semple, and John Mill, to examine the said witnesses in Mr. Andro Ramsayes bussines afternoon. The nixt meeting of the Comission at 4 afternoon. Thanks to the Province of Fyfe. Letter from Province of Fyffe. Edinburgh, 11 Aprilis 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Hamiltoun : Mr. James Gutterie : Mr. Francis Aird : Mr. John Duncan : Mr. Evan Cameron: Mr. Robert Birnie : Mr. Andro Cant: Mr. John Nevey : Mr. Patrik Gillaspie : Mr. George Rutherfurd : Mr. Mungo Law: Doctor Colvill: Mr. Robert Blair : Mr. John Smith. Elders. — Libbertoun : Findawrie : Lawrence Henderson : John Semple : Sir James Stewart: John Mill. The Comission appoynts Mr. George Lesly and John Neve to preach in the Parliament the nixt Sabboth. The Comission appoynts Mr. John Duncan to preach vpon Sabboth come eight dayes in the Parliament, and are to pro- vide another to preach that day. This day, Sir James Lumisden, the Laird of Creich, and Messrs. John Muncreiff and Andro Bennet, having presented a letter from the Provinciall Assembly of Fyfe, together with a petition to the Parliament, The Comission very heartily thanked them, and blissed the Lord for their good affection at such a tyme, and appoynted those of the Province of Fyfe that wer members of that Comission to accompany the brethren come from that Province, and assist their petition to the Parliament. Tenor of the letter from the said Provinciall followes : — ' Reverend and dear brethren, — As at this tyme of our meeting here, we wer in expectation of some direction and incouragment from yow, so your letter to ws was very satisfac- torie and refreshing ; And we cannot but with thankfull hearts acknowledge our Lords goodnes toward yow, that though he let yow encounter with many and great difficulties in this his owne work intrusted to yow, yet suffers yow not to want 1 1 april] OF GENERAL ASSEMBLY, 1648 441 strength and furniture from himself according to need. It is mater of great joy to our hearts that ye have not keipt silence in this day of our deip dangers, bot hes sounded the trumpet clearly throghout this Kirk and Kingdome, as it became the faithfull watchmen of Zion ; Your Declaration hes been read in all the congregations of this Province ; And what further is recomended to ws in relation to that, salbe tymously and diligently gone about ; as also all other things which in your letter are comitted to our care we sail, in the strength of our Lord, labour to performe with such zeale as maters of so great concernment doe requyre. Wee know our stormes ar bot growing, and therfore as yee will have neid of new supplyes of strength and courage from him who hath imbarked yow in his owne worthy cause, so wee, your weak brethren, alike interessed with yow therin, cannot bot shew what strong confidence we have, that our Lord will so strengthen and settil yow, that ye sail be a brazen wall against all opposers, whether Sectaries or Malignants. Yee ar sett vpon the watch tower at such a tyme as this, and as your faithfull diligence is for the present ane ey-sore to Zions foes, and no small confort to hir freinds, so will it meitt yow in the day of your greatest neid with such joy as the world can neither give to these it favours, nor take away from these it frownes vpon. Your helpe is of the Lord, who made the heaven and the earth, and who will not be want- ing to yow since ye put your trust in him. As we labour to bow our knees befor him in your behalf that he wold strengthen yow with might, and wold confort yow in all your toyle, so wee beseich yow (worthy and dear brethren) be yee stedfast, vn- moveabill, alwayes abounding in the work of the Lord, for your labour shall not be in vaine in the Lord, which is the hopefull desire of all the Lords people in thir parts, and especially of 6 Your loving brethren in the Lord, J. Monciieiff, 1 Moderato?\ St. Androis, 111 name and at comand of 6 Apryle 1648. the Provinciatt Assemblie of Fyff? 4 We have sent a humbill supplication to the honorabill 1 Minister of Kinghorn and a member of Commission in 1646-7. 442 PROCEEDINGS OF COMMISSION [12 april Estates of Parliament. Ye will be pleased to give your advyse to our Comissi oners for their way of addresse. 1 The Comission appoynts Mr. John Harwie to preach the nixt Sabboth for Mr. George Gillaspie. Dr. Sharp. The Comission appoynts Messrs. Robert Blair, Doctor Col- vill, and Mr. Mungo Law, to assist the petition of Doctor Shairp in the Parliament for payment of the moneyes he lent to the publick, which wes his whole meanes and subsistance. The nixt meeting the morne at 10 houres. Report from Dalkeith. Mr. Robert Lichton. Report from Dalkeith. Edinburgh, 12 Apr His 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Mungo Law : Mr. John Hamiltoun : Mr. Robert Birnie : Mr. Francis Aird : Mr. Patrik Gillaspie : Mr. John Smith : Mr. Robert Blair : Mr. George Lesly : Mr. Robert Cunynghame : Mr. James Fairly : Mr. George Gladstons : Mr. George Rutherfurd : Mr. James Gutterie : Mr. John Neve: Mr. John Adamsone. Elders. — Libbertoun : Findawrie : Sir James Stewart: John Semple. This day, the report of the Presbyterie of Dalkeith concern- ing the reading of the Declaration being read, the Comission resolve for that concerning Mr. Robert Lichtoun, to hear him- self when he returnes to the countrey. 1 Tenor of the Report followes : — < At Dalkeith, 6 Aprile 1648. ' The which day it was declared by the brethren (being interrogated by the Moderator) that they had all read the Declaration, only the ruleing elder for 2 both told that Mr. Robert Lichtoun had caused the precentor read it, and that becaus of the weaknesse of his owne voice, which could not be heard throw the whole kirk. Extracted out of the Presby- tery bookes, at the comand of the Presbyterie, and ordained to be given in to the Comission of the Generall Assembly. 4 Sic Subscribitur, G. Sixclar, Clerk.'' This day the Lord Balmerino, Lord Humbie, and Archbald Sydserff, having given in a vote of Parliament concerning on of the Demands to England, after reading wherof,The Comission thinke fitt to appoynt the Moderator and Messrs. Robert Blair, 1 He was probably on his annual visit to his aged father in London. 2 Newbottle, now Newbattle. 12 APRIL] OF GENERAL ASSEMBLY, 1648 443 George Gillaspie, George Leslie, John Smith, James Gutterie, Patrik Gillaspie, Libbertoun, Findawrie, Sir James Stewart, and Lawrence Henderson, to be a Comittee to consider that paper, and what answer to returne thervnto, and to report their opinions. Tenor of the said paper followes : — 6 Followes the Article of the Demands, whilk is to be comunicat to the Comission of the Church, viz., 4 That ane effectuall course be tane by the Houses for injoyn- Demandcon- ing the Covenant to be taken be all the subiects of the Crowne gton'to the of England, conforme to the first article of the Treatie, and Engla^se^t conforme to the declaration of both Kingdomes in anno 1643 ; from the Pariia- By which all who wald not take the Covenant wer declared to Comission. be publick enemies to Religion and the countrey, and that they are to be censured and punished as professed adversaries and malignants, and that Reformation of and Vniformity in Religion be setled according to the Covenant : That as the Houses of Parliament have agreed to the Directory of Worship, so they wald tak a reall course for the practiseing therof by all the subiects of England and Ireland : That the Confession of Faith transmitted from the Assembly of Divines at Westminster to the Houses be approven : And that Presbyterian Government, with a subordination of the lower assemblies to the hier, be setled and fully established in England and Ireland; and that effectual course be tane for suppresing and extirpatting all heresies and schismes, particulate Socinianisme, Arminianisme, Arrianisme, Annabaptisme, Antinomianisme, Erastianisme, Familisme, Brounisme, and Independencie, and for perfyting what is yit farder to be done for extirpating Poperie and Prelacie, and suppresing the practise of the Service Book, comounlie callit the Book of English Comoune Prayer. 1 oci Aprilis 1648. ' This Article, red and agreed to be the Estates of Parliament as thought fitting to be demanded of the Parliament of England, 1 The full title of the document of which the above formed part is 4 A De- claration of the Parliament of Scotland, To His Maiesties good subjectis of this Kingdome, Concerning their Resolutiones for Religion, King, and Kingdomes, In persueance of the endis of the Covenant.' It is inserted at length in Acts of the Parliaments of Scotland, vol. vi. pt. ii. pp. 40-43. 444 PROCEEDINGS OF COMMISSION [12 APRIL and the Estates appoynts the samen Article to be comimicat to the Comission of the Church, that they may returne their thoughts ther vpon either for addition or alteratioun, quhilk the Parliament will take to their consideration. And the Estates appoynts the Lord Balmerino, Lord Humbie, and Archbald Sydserff, to acquant the Comission of the Church heirwith. ' Extractit furth of the Records of Parliament and Articles of the Breaches of the Covenant and Treaties, and demands for reparatioune therof respective, be me. Sir Alexander Gib- sone of Durie, Clerk of his Hienes registeris and rollis, vnder my signe and subscriptioun manuall. Sic Subscribitur, 6 Alex. Gibsoxe, Cle. RegrjS The nixt meeting at 3 houres. Eodem die, post meridiem. Letter from Provinciall, Glasgow, con- cerning their reading of the Declaration. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dicksone: Mr. John Duncan: Mr. John Hamiltoun: Mr. Francis Aird: Mr. George Gladstons : Mr. George Lesly : Mr. John Adamson : Mr. Robert Blair: Mr. Walter Bruce: Mr. George Rutherfurd : Mr. John Nevey : Mr. Robert Birnie : Mr. John Smith : Mr. Mungo Law. Elders. — Libbertoun : Lawrence Henderson : John Semple : Sir James Stewart. This day report from the Provinciall of Glasgow produced concerning the reading of the Declaration. Tenor quhairof followes : — ' Right reverexd, — The letter quhilk ye sent vnto our late meeting at Glasgow came in a very acceptable tyme, and in the midst of our sad thoughts of the apparent trubells of this land did refresh our hearts not a litle while wee considered the riches of the gratious assistance of our Lord Jesus gevin vnto yow in so necessar a tyme as this is, and made manifest to all men in your late 4 Declaration of the comoun dangers and dueties," faithfullie and tymouslie emitted and sent through the Kingdome, in your wise Representation of these most reason- able and necessary Desires gevin in vnto the honorabill Estates of Parliament, in your prudent debates about the same, and in sindrie other particular passages of your vnwearied painefulnes and watchfulnes for the publick good, and doe acknowledge that it is our duetie to give thanks vnto Him vpon every 13 APRIL] OF GENERAL ASSEMBLY, 1648 445 remembrance of your diligence and sinceritie in the Lords Cause. And as we professe our obligation to yow for your acquainting ws with what concerned ws to know hithertills, so doe we expect and requeist for advertisment from yow heir- after, how your maters goe, and what ye wold have ws to doe, and that from tyme to tyme as yee find fitt or necessar, pur- poseing for our parts (God willing) to discharge our dueties as your directions shall come to our hands. ' Wee have taken account of the reading of the Declaration in all our bounds, and can find no thing as yet offensive in ony part except Rutherglen, wherof yee have receaved (as wee heir) information from the Presbytery of Glasgow, and we doubt not but ye will doe your best to see it exemplarie taken order with. The rest of the particulars in your letter wee recomendit to the brethren, who will, wee hope, make further vse therof, for quhilk end we have given order for sending copies therof vnto the severall Presbyteries in our bounds, as ye directed ; and will be in the meane tyme praying for the continuance of the Lords presence with yow in all things, as it is the duetie of ' Your loving brethren of the Synod of Glasgow and Ayre. Sic Siibscribitur, David Dickson, Moderator, Glasgow, the 6 of Mr. Robert Young, Clerk.' 1 Aprylc 1648. The Comission appoynts John Duncan to pray the morne in Parliament, and Mr. Andro Fairfull vpon Fryday. Edinburgh, 13 Apr His 1648. Sederunt: — Ministers. — Mr. Robert Douglas^ M oderatour. Mr. David Dickson: Mr. John Smith: Mr. James Guthrie: Mr. John Duncan: Mr. George Gladstons : Mr. Robert Birnie : Mr. Francis Aird : Mr. John Hay: Mr. Alexander Spittle: Mr. John Adamson : Mr. Robert Blair : Mr. Mungo Law : Mr. James Hamiltoun : Mr. Patrik Gillaspie : Mr. Walter Bruce : Mr. George Rutherfurd : Mr. Thomas Kircaldie : Mr. John Neve: Mr. Alexander Dickson: Mr. Andro Fairfull: Mr. Robert Cunynghame. Elders. — Libbertoun : Sir James Stewart: Law- rence Henderson : John Semple. The draught of an answer to the Parliaments last paper Approbation being red, Approves the said answer vnanimously, and appoynts para™ Messrs. Robert Blair, David Dickson, Dundas, and Libbertoun, mem. with the Moderatour, to present it to the Parliament presently. Tenor quhairof followes : — 446 PROCEEDINGS OF COMMISSION [13 april 'Edinburgh, 13 AprUis 1648. ' The humble Returne of the Comission of the General As- sembly vnto that Article of the Demands conceriiing Religion and the Covenant, etc., comunicat vnto them by the honorable Estates of Parliament. The Humble 6 As ther is no thing which the Kirk of Scotland now for a Commisk>n he * on g tyme hath more earnestlie wished and seriouslie studied unto that then the setling of Religion and carving on the Worke of Article of the 0 P . . Demands, etc., Vniformity in all the 3 kingdomes, so it is still our desire that then" 11111 ^ 1 10 vour Lordships should sinceerly and reallie endeavour the same in all fair lawfull wayes with the King and Parliament of Eng- land, according to the League and Covenant. As to the article comunicat vnto ws, wee shall not search after the cause why your Lordships hath changed the way formerly vsed of sending propositions to his Majesty, without whose condescend- ance your Lordships will easily acknowledge that the Parliament of England cannot render the particulars conteined in the Demand effectuall for securing of Religion : Neither shall wee insist vpon the preiudice, that preparative of the taking of resolutions in that which concernes Religion without the advise and consent of the Kirk, may bring to the interest and libertie therof. But, conceiving that wee have just reason to looke vpon the Demand as intended to be a ground of warre in caise the same shall be refused by the Parliament of England, wee cannot returne our thoughts thervpon vntill your Lordships shall be pleased also to acquaint ws with the articles of the Breaches of the Covenant and Treatties, and other Demands for reparation therof mentioned in the paper sent to ws : That so we may not only know that noe other of the Demands doe crosse this, or tend to the hinderance of the work of Reformation; but also that wee may be satisfied in our consciences upon the whole mater, and be assured that all things are so ordered and resolved as may indeid contribut for establishing the Covenant and setling of Reformation of, and Vniformity in, Religion, and attaining all things expressed in your Lordships Demand communicat to ws. In the meane while, seing your Lordships doe professe that the Cause is the same, and the cheif ground of vndertaking Reformation, wee desire your Lordships seriously 13 april] OF GENERAL ASSEMBLY, 1648 447 in your consciences to ponder how yow can make the refusall of this Demand a cause of warre against the Parliament of Eng- land, with whom this nation was lately ingaged in a warre in defence of the League and Covenant, and the ends therof, when the King was in armes against both, and yet ingage in a warre for the King, while he still refuses to setle Religion and injoyne the Covenant, and will come no farther, at the vtmost, then to leave the samen arbitrarie, as is evident from his late concessions ; Or how your Lordships can propond any such Demand vnto others whilst your selves have not declared the Kings concessions so much as vnsatisfactorie, seing these conces- sions are destructive to most part of the particulars contained in your Lordships Demand/ The nixt meeting at 3 houres. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Doctor. Col- vill: Mr. Andro Fairfoull: Mr. Robert Birnie : Mr. John Smith: Mr. J ohn Hay : Mr. Alexander Spittle : Mr. George Lesly : Mr. Francis Aird : Mr. John Neve: Mr. Thomas Kircaldie : Mr. David Dickson: Mr. Robert Blair : Mr. Walter Bruce : Mr. George Gladstons : Mr. James Hamiltoun : Mr. Alexander Dickson: Mr. John Hamiltoun : Mr. James Guthrie : Mr. John Adamson : Mr. Patrik Gillaspie : Mr. Evan Cameron. Elders. — Dundas : Libbertouu : Sir James Stewart: Lawrence Hender- son. The Comission, having taken the particulars wherwith Mr. Mr. Andro Andro Ramsay is charged to consideration, and Mr. Andros Ramsav - answers, and the depositions of the witnesses, finds the 7 article, the first part of the 8 article, and that part of the 10 article concerning some expressions in his praying for the King suffi- ciently proven. The Comission, finding some of the particulars wherwith Committee in Mr. Andro Ramsay is charged to be proven, Doe therefore Ramsayes° appoynt Messrs. David Dickson, Robert Blair, Doctor Colvill, bussines. John Hamiltoun, James Guthrie, John Smith, with the Moderator, Dundas, Findawrie, John Sempill, and John Mill, to be a Comittee to consider what is further to be done in the bussines, and to report their opinions against the morne. The nixt meeting the morne at 10 houres. 448 PROCEEDINGS OF COMMISSION [14 april Edinburgh, 14 April'is 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Alex- ander Spittle: Mr. James Hamiltoun : Mr. John Hamiltoun : Mr. Francis Aird : Mr. John Neve: Doctor Colvill : Mr. John Hay: Mr. Hary Livistoun : Mr. Mungo Law : Mr. Alexander Dickson : Mr. James Gutterie : Mr. Robert Birnie : Mr. John Adamson : Mr. David Dickson : Mr. Evan Cameron: Mr. John Smith: Mr. Frederick Carmichaell : Mr. Patrik Gillaspie. Elders. — Dundas : Sir James Stewart: Lawrence Henderson. Rouse Para- The Comission appoynts the ministers of this town, or anv phrase. three of them, to be a Comittee to examine the corrections of the brethren appoynted to revise Rouse Psalmes, and to conferr with those brethren thervpon, and to report their opinions to this Comission the first dvet vpon Mononday at 10 houres in this place. The Comission appoynts Mr. James Hamiltoun to pray the morne in Parliament. Thanks to the This day, a letter presented by Messrs. Hary Livistoun and Perth 1106 ° f Robert Young from the Province of Perth, with the petition to the Parliament, The Comission gave thanks for their good affection at this tyme, and their cair in giving a satisfactorie answer to the Comissions letter, and appoynts Messrs. James Hamiltoun, John Smith, and Mungo Law to assist the brethren in presenting the petition to the Parliament. Tenor of the letter followes : — Letter from the 4 Reverexd axd lovixg brethrex, — Wee being mett provin- Perth mCia11 ° f ciallie about the affaires of our Master did receave a letter from yow which did evidence so much of care, zeale, providence, and courage as could be expectit from instruments so publictly intrusted, which did not a litle rejoyse ws all who so much depend upon the fidelitie of your discharge, and moved ws to bliss God and his Sone Jesus Christ for that measure of assist- ance which hithertills hes attendit yow, and at this tyme of so hard and wniversall tryell of this Church : For continuance of which we shalbe most earnest in secreit, privat, and publick, that so still ye may prove the same in your zeale, fidelitie, and couraige, vntill the hearts of all this Church-enemies be broken, and their courage whollie spent, to the accomplishing of Gods wark and filling vp of our joy. 14 april] OF GENERAL ASSEMBLY, 1648 449 6 As for the particulars contenit in your letter, the first that occurreth is the emissioun of that publick " Declaration to the whole Church and Kingdom e concerning present dangers and dewties,"' which efter search we find was read by so many whose hands it came to, and that without any contradiction or any note of disaffectione ; And such as haife not yit sein it (which be verie few) we have ordained them to read it, and their Presbyteries to be ansrable for their diligence, and sail indevour to discover aither ministers or people who lies or shall bewray any disaffectione. ' Wee receaved from yow a copie of 8 Humble Desires, pre- sentit to the Honourabill Estates of Parliament, to which ye declair ye have as yit receavit no satisfaction, which is the mater of our regrait. According to your desire wee shall waitt vpon your seasonable informations, as in all vther particulars of publick concernment, so concerning your satisfaction in these, and shall not faile from tyme to tyme to informe yow of everything occuring amongst ws that neids your wyse advyse. 4 As for the thrid thing, your resolutione to present the grounds of the imminent wrath both to Church and State, as we conceave them severallie concerned, we blisse God for that motione, and humblie desires yow to prosecute it. For that which concernes our selfes wee sail waitt vpon it with much desyre, and in the mean tyme conceaving that vnder a present posting wraith delayes of humiliation are dangerous, we have fallin upon resolutiones of a fast in our Province, and have maturely thought vpon some nationall and provinciall provoca- tions to be humblit for, and hes thought upon such things as are fitting for ws in this dangerous caise to seik at Gods hands, and that againe the secund Sabboth of Maij nixt. 4 As for the 4 and last in your letter concerning brethren amongst ws who aither have not keipt, or hes too soone desertit your meetings, we heartily regraite that. But their excuses we referr to their first meeting with yow. In the meane tyme wee have graivlie admonished them of their dewtie in keiping with yow, and for the tyme to come we have ordained them to attend all your ordinarie dyetts, and such extraordinarie, as they shall be advertised to by letter, and that as they will be ansrable ; 2 F 450 PROCEEDINGS OF COMMISSION [14 April so that we hope ye shall not have of this kynd wherof to com- plaine so much againe. 6 As for the postscript, that our Clerk shall wrytt a copie of the letter and articles to every Presbyterie, we have ordained so, and accordingly shall sie it done. As for the 2d, we have tryed anent conversants with excomunicat persons, and shall not faill to proceed against them. As for the 3d, Mr. Zacharie Boyds travills vpon the Scripturall Songs, we have recomendit them to the Presbytery of Perth to be reveisit, and report therof to be made by them to their Comissioners to the Generall Assembly. 6 We have heirwith sent a humble supplicatione to the honor- able Estates of Parliament for the effect therin contenit with our Comissioners, which ye, efter consideratione, may vse as ye sail thinke fitt. ' Your affectionat brethren in the Lord, Sic Suberibitur, Mr. William Mexzeis, Modr. Mr. Edward Richardson, Clerk ' The nixt meeting at 2 houres. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas^ Moderatour. Mr. James Hamiltoim : Mr. Frederick Carmichaell : Mr. Andro Fairfull : Mr. Robert Birnie : Mr. Patrik Gillaspie : Mr. George Lesley : Mr. David Dickson : Mr. John Smith : Mr. John Adamson : Mr. John Hamiltoun : Mr. James Guthrie: Mr. Hary Livistoun : Mr. William Colvill. Elders. — Dundas : Libbertoun : Sir James Stewart: Johne Sempill : John Mill: Lawrence Henderson. Mr. Andro The Comission delayes Mr. Andro Ramsayes bussines vntill Wednesday, and in the meane tyme appoynts the Comittee to meet in the afternoon, and adds Messrs. Fredrick Carmichaell and Patrik Gillaspie to that Comittee. The Comission appoynts Mr. John Hay to pray in Parlia- ment vpon Mononday. Report from the Presbytery of Biggar produced concerning their reading of the Declaration. Tenor quhairof followes : — Bigger. £ Reverend axd welbelouit, — Grace and peace. Wee have receaved your comands for reading of the Declaration verie 17 April] OF GENERAL ASSEMBLY, 1648 451 cheirfully, and efter tryell finds it lies bein read and hard in all our kirks most heartily, and with on heart blissed the Lord, whose good hand and everlasting arms hes often caried yow clearly through vnknowne paths, and graced yow from the watch tower to give many seasonable warnings in sad tymes of a nighted kirk. Our bowells hes been often refreshed by your paines, that Christ and his prerogative royall hes been dearer to yow then all things ells. This on thing we know, that in the day when the Master shall call the labourers to the vyn- yaird, to give them there hyre, when the favour of men and worlds glorie shalbe as the cullour of the rainbow, that none can put in his treasure, then your labour of love and paines shall smyle on yow, then it shall never repent yow that yow have been at any coast for Christ and treuth. In the meane tyme they shall not faill to requeist him who walks in the midst of the candlesticks to be still sein amongst yow, and to strenthen yow to every good word and work, who desyres to be accounted 4 Your observant brethren in all dutifull respects. At the comand of the Presbytery, Biggar, this 12 Sic Subscribitur, Alex r . Livingstoun, Mod r ? ofAprik 1648. The nixt meeting vpon Mononday afternoon. Edinburgh, 17 Aprilis 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson : Mr. Fredrik Carmichaell : Mr. Harie Livistoun : Mr. Robert Birnie : Mr. James Guthery : Mr. John Adamson : Mr. William Colvill: Mr. John Smith: Mr. Evan Cameron: Mr. John Neve: Mr. Hew Mac- kaell : Mr. James Hamiltoun. Elders. — Libbertoun : Sir James Stewart : John 1 Porterfeild : John Sempill. The Comission appoynts Mr. John Neve to pray the morne in Parliament. The Comission, finding it necessary at this tyme to present Comittee for a petition to the Parliament for the security of Religion, £etrtions°o the Therfor appoynts Messrs. David Dickson, John Smith, and Parliament. James Guthrie, with Libbertoun, and the Moderatour and Clerk, to consider of a draught therof, as also to revise the overtures for the Parliament, and to draw vp a petition for punishing the ryot comitted be David Spense in Rutherglen at David Spense. 1 Sic for George. 452 PROCEEDINGS OF COMMISSION [18 april the reading of the Declaration, and to report their diligence heirin. The nixt meeting at half eight houres at the 3d bell. Edinburgh, 18 Aprilis 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Modcratour. Mr. James Guthrie : Mr. Robert Birnie : Mr. James Hamiltoun : Mr. Colin Adam : Mr. Alexander Moncreiff : Mr. Francis Aird : Mr. David Dickson : Mr. John Neve: Mr. William Colvill : Mr. George Hamiltoun : Mr. Hary Livistoun : Mr. Fredrick Carmichaell : Mr. Evan Cameron : Mr. John Adamson. Elders. — Libbertoun : George Porterfeild : Sir James Stewart: John Semple. The petition to the Parliament being read, The Comission vnanimously approve the same, and appoynts Messrs. James Hamiltoun, John Smith, Fredrick Carmichaell, George Hamil- toun, Sir James Stewart, Lawrence Henderson, to present the said petition to the Parliament. Tenor of the petition folio wes : — 'Edinburgh, 18 Aprilis 1648. ' To the right honourable and hight Court of Parliament, The humble petition of the Comission of the Generall Assembly. Petition to the ' Religion being of all things most excellent, as it hath been 1*8 Apriie" 1 ' ^ ne P rmc ip a ll en d of all the endeavours and vnder takings of this nation, so it is the maine subiect of our thoughts and caires, and we trust is most in the hearts of all the faithfull ministers and godly people throughout the land, as severall of their supplications vnto your Lordships doe make evident. It was from the tender regaird wee had of this so pretious a jewell that we did emitt a " Declaration concerning present dangers and dew-ties," and it was also from our respect ther vnto, per- ceiving your Lordships inclyne to ane engagment from which we neither wer then, nor now are averse (being first satisfied in the grounds of the vndertaking and in the way of the manadg- ing of the same), that we did afterwards propound some humble Desires vnto your Lordships, containing things neces- sary for a right vndertaking, and for secureing of Religion and preserving the vnion betueen the Kingdomes. But after long attendance and most earnest expectation, having receaved no satisfaction from your Lordships in these ourDesyres: And con- 1 8 APRIL] OF GENERAL ASSEMBLY, 1648 453 ceaving that your Lordships resolutions ar towards an ingadg- ment in a warre, wee doe from no vther principle and intention then the love of the truth and the dischairge of the trust comitted vnto ws, as the servants of the living God and his Son Jesus Christ, who shall judge the quick and the dead, entreat and obtest your Lordships, That as yow doe professe that anie vndertakings which yow now are, or shall be neces- sitat vnto, shall only be for setling Religion, trueth, and peace, vnder his Majesties government, so for convinceing our con- sciences and all the faithfull ministers and people of God in both Kingdomes of the integrity of your intentions, that your Lordships will be pleased to give satisfaction in all these our former just and necessary Desires ; And that for the same end your Lordships will make it appeare that yow mean to be farre from interessing your selfes in anything that may put in his Majesties hands such power as may not only bring the bygone proceedings of both Kingdomes in the League and Covenant in question, but also for the tyme to come mak voyd all the authority of Parliaments though proceiding never so rightly in reference to Religion and liberties of the King- domes ; And that your Lordships will be pleased to make it manifest that yow will be so farre from associating with, or giving trust and contenance to any within the three King- domes who doe not swear and subscribe the Solemne League and Covenant, that, on the contrary, your Lordships will hold them all for professed adversaries and Malignants, and ende- vour to suppresse them if they rise in armes. Which we may with the greater reason and confidence expect from your Lord- ships, because ye have resolved to demand of the Parliament of England that an effectual course be taken by the Houses for enjoyning the Covenant to be taken by all the subiects of the Crowne of England, conforme to the first Article of the Treaty and the Declaration of both Kingdomes in anno 1643, by which all who wold not take the Covenant wes 1 declared to be publick enemies to Religion and the countrey, and that they ar to be censured and punished as professed adversaries and Malignants. And we trust that whilst your Lordships require of them the performance of dewties contained in the 1 Or wer. 454 PROCEEDINGS OF COMMISSION [18 APRIL Treaties and Declaration, yow will make it appeare that yow intend to doe no thing your selves contrary thervnto, the obligation therin bein equall in regard of both, and the per- formance alike conduceing for Religion and the Covenant. And we doe humbly intreat that your honours will be pleased to make knowne vnto ws your resolutions vpon the whole mater, that we may sie ther is nothing therin that may crosse your Lordships Demands concerning Religion, and be inconsistent with the security therof and our Desires for the same. And that what shall be thought fitting to be demanded of the Parliament of England concerning Religion, for randering the same the more effectuall, your Lordships will at the same tyme solicit his Majesty for his royall assent thervnto, That his Majesty and all others may know that what yow intend on his behalfe is with a subordination to these ends, and so his Majesty may be induced to remove all obstructions on his part that hinder the setling of Religion and his Majesties Govern- ment. And being desirous that all meanes be first essayed which may prevent the effusion of more Christian blood so farre as is possible, Therfor, as the messengers of peace, wee doe supplicat that your Lordships will take such course for seeking reparation from the Parliament of England, as may be most probable in reason to obtaine the same in a peaceable way. And finallie we expect that your Lordships will doe no thing that may strenthen the Popish, Praelaticall, or Malignant party, who are waiting for their day, or that may discouradge or weaken the Presbyterian party in England, or rander your wayes suspitious vnto them ; But that your Lordships will employ all the power which God hath put in your hands for advancing his honour and the kingdome of his Son. Many of your Lordships have been instrumentall in als glorious a worke of Reformation as any age hath seen, and all of yow have been witnesses therto ; and if anything shall proceed from yow for weakening and defaceing therof, as it will be matter of high provocation against the Lord, so doubtles it will be trouble to your soules in your latter end, and meet yow in the day of your accompts. And if your Lordships shall refuse to hearken to this our humble supplicatione, wee take God to record that wee have exonered our selfes as in his sight, and that we and 1 8 april] OF GENERAL ASSEMBLY, 1648 455 the Kirk of Scotland, whose trust we discharge in the publick affaires therof, ar free of all the guilt that shall follow vpon any vndertakings or resolutions tending to the preiudice of Religion, the honour and happines of the King, and the vnion and peace of the Kingdomes. But we desire to perswade our selfes better things of your Lordships, and that yow will give ws such satisfaction as may encourage ws to bear testimony of your Lordships that yee reallie intend the setling of Religion, and the carrying on of all things in such a way as may contri- bute for the secureing of the same." The nixt meeting at 4 houres afternoon. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas,, Moderatour. Mr. William Colvill : Mr. Mungo Law : Mr. Colin Adam : Mr. Evan Cameron : Mr. James Nasmith : Mr. Andro Fairfoull : Mr. John Hamiltoun : Mr. Hary Livistoun : Mr. John Smith: Mr. Thomas Vassie : Mr. John Adamson : Mr. James Hamiltoun: Mr. George Lesly : Mr. John Hamiltoun: Mr. Robert Birnie : Mr. Hew Mackaell : Mr. Ephram Melvill : Mr. Alex- ander Moncreiff : Mr. David Dickson : Mr. James Gutterie : Mr. Fred- rick Carmichaell. Elders. — Libbertoun : Dundas : Findawrie : Law- rence Henderson : John Sempill : John Mill. The Comission appoynts Mr. Hew Mackaell to preach with Mr. John Duncan the nixt Sabboth in Parliament. The brethren that presented the petition to the Parliament reported that the Lord Chancellar gave this answer, That the Answer re- Parliament intended to give an answer to the petition and to Parliament! all the Comissions desires so soon as they could, and that they had remitted all for that purpose to be considered by a Comittee. The Comission appoynts Messrs. David Dickson, William Mr. Andro Colvill, and John Smith, to speake with Mr. Andro Ramsay, Ramsa y- and try if he be sensible of the scandall and offence given by him in the particulars of the charge proven against him, and to report the morne. The Comission appoynts Mr. Alexander MuncreifF to pray the morne in Parliament. The nixt meeting the morne at 9 houres. Edinburgh, J 9 Aprilis 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Thomas AVassie: Mr. John Smith: Mr. John Hamiltoun: Mr. John Neve: 456 PROCEEDINGS OF COMMISSION [19 april Comittee. Concerning a murther com- plained on by Drumfreise. Letter from the Synod of Drum- freise. Mr. Thomas Melvill : Mr. Harie Livistoun : Mr. Colin Adam : Mr. David Dicksou : Mr. Fredrick Carmichaell : Mr. Robert Birnie : Mr. James Gutterie : Mr. Francis Aird : Mr. Ephram Melvill : Mr. George Hamil- toun : Mr. Alexander Muncreiff. Elders. — Dundas : Libbertoun : Fin- dawrie. The Comission appoynts Messrs. David Dickson, Robert Baillie, George Gillaspie, John Smith, James Gutherie, Fred- rick Carmichaell, John Neve, Dundas, Libbertoun, Findawrie, with the Moderator, to consider what is yet further to be done, fitting for the Comission, in anything relating to the publick bussines, and to report. The nixt meeting at 2 houres. Edinburgh, 19 Apr'iUs 164?8, post meridiem. Sederunt : — Ministers. — Mr. Robert Doug-las, Moderatour. Mr. George Gillaspie : Mr. Patrik Gillaspie : Mr. John Neve : Mr. John Hamiltoun : Mr. James Nasmith : Mr. Hew Mackell : Mr. Andro Fairfoull : Mr. Fredrick Carmichaell : Mr. Harie Livistoun : Mr. James Hamiltoun : Mr. Robert Baillie : Mr. Francis Aird : Mr. David Dickson : Mr. George Lesly : Mr. Robert Birnie : Mr. James Gutterie : Mr. Evan Cameron : Mr. John Bell : Mr. Thomas Wassie : Mr. Ephram Melvill : Mr. Colin Adam : Mr. Thomas Melvin : Mr. John Adamson : Mr. Mungo Law : Mr. George Hamiltoun. Elders. — Balmayn : Dundas : Libber- toun : Findawrie: John Sempill : Sir James Stewart. This day a letter was delyvered from the Synod of Dumfreis bearing their diligence in reading the Declaration, together with a paper informing anent murthers and other barbarities done within their bounds. The Comission appoynts Messrs. John Bell, Hary Livistoun, and James Hamiltoun, Dundas, to notifie the particular con- cerning the murther to the Generall and Lievtennent Generall, and therafter to the Parliament. Tenor of the said letter followes : — 6 Reverend and dear brethren, — As we cannot but thank- fullie acknowledge your regard to ws your fellow-labourers in the Lords worke, in that ye have been pleased to acquaint ws with the course of affaires as they now stand in relation to Religion and the Cause of God, so we cannot but reverence Divine Providence that made your letter come so seasonable to our hands, even at the first session of our Synod. 4 As to the particulars mentioned in your letter, First, wee declair that we have tymously received the Declaration which 19 april] OF GENERAL ASSEMBLY, 1648 457 wes latelie emitted by yow, wherwith wee wer exceedingly pleased, and red it in our severall churches, con forme to the Act theranent, and have made search both in our Presbyteries, as also in the face of the Synod, how our brethren behaved themselfes in the reading, and our people in the hearing therof. We have found no thing censurable in any of our number, but wee intend to make more narrow enquirie, that, if anything be found amiss, we may make it knowne vnto yow with all dili- gence. Secondlie, We have sein your Desyres to the Parliament, conteind in eight articles, with all which we ar well satisfied, and in our humble oppinion do thinke that they are precisely to be adhered to, and no thing of the matter to be remitted. Thridlie, We shall be cairfull that our Presbyteries waite on information and intelligence from yow from tyme to tyme, which we pray may be tymouslie dispatcht to ws : Lykas we shall not faill to acquaint yow vpon all occasions with everie thing occurres to ws quhairin your advise and aide may be vsefulL For the present we have thought it very necessary to acquaint yow with the barbarous and savage behaviour of some of the souldiers that ar quartered in our bounds, whose crueltie is broken out to the vtmost in murdering, mutilating, and wounding severall of our people, as the enclosed paper will more particularlie informe. Wee doubt not but that as your harts wilbe wounded togither with ours at the hearing of such fearfull bloodshed and prophanity, so yee will seriously goe about the representing of it to the judge competent, that justice may be done on the wretched malefactors for terror to others, for confort to surviving freinds, and for the pacifying and allaying the wrath of ane angrie God. Wee know that some of our number have waited constantly vpon the Comission in this straite tyme ; for which we resolve to give them publick comendation in due tyme ; we have strictly charged others to waite on yow as they will be ansrable. 6 In end, Reverend and dear brethren, we doe unfeinedly from our hearts blesse the Lord in your behalfe who hes made yow so faithfull, so wyse, so watchfull, so resolute and strong in the Lord at this tyme. Wee are neither ignorant of the great weight that lyes vpon your shoulders, nor of the sad discour- adgments that yee meitt with many a tyme. We sympathize 458 PROCEEDINGS OF COMMISSION [19 april Mr. Andro Ramsay. Mr. Andro Ramsay. Recomendation for restraining the Masse in the Frensh Agents house, and for answer to the com- plaint of the tumult. with yovv in the bowells of our soules, and shall endevour to hold vp your condition before the Lord, that ye may be more and more enabled for your various and weighty employments. Your reward is with the Lord, your reputation is with all the faithfull that know yow, your progresse and successe in the Lords work is in the first and cheifest desyres of 4 Your most affectionat brethren to serve yow in the Lord, Sic Subscribitur, Mr. Alex r - Makgowxe, Mocl r . Drum/rets, 111 name of the Frovinciall Synod, 13 Aprile 1643. Mr. H. Fareis, Cls. Synod." The Comission appoynts Mr. George Lesly to pray the morne in Parliament. This day the brethren appoynted yesterday to speak e with Mr. Andro Ramsay, reported that they had conferred with him, and that Mr. Andro is to give in his owne mynd in the particulars him selfe, And the Comission, having considered the paper produced by Mr. Andro him self, declar that they doe not find in the paper anything that imports any sense of the scandall and offense given by him in the particulars of the charge proven against him. The Comission thinke fitt yet to delay the bussines concerning Mr. Andro Ramsay vntill the morne, that in the meane tyme some brethren may deall yet further with him, And therfor appoynts Messrs. George Lesly, William Colvill, John Smith, and Robert Baillie, to shew that the Comission doeth not see any sense of his offenses in the paper produced, and to labour with him to bring him to a sensible acknowledgment therof, and to report the morne. The Comission desires the idolatrous sacrifice of the Masse in the Frensh Agents house to be complained of to the Par- liament, as also desires the Parliament to give answer to the complaint given in for the tumultuous cariage of some toward this Comission. The nixt meeting the morne at 10 houres. Edinburgh, 20 Aprilis 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Doug-las. Moderatour. Mr. Robert Baillie: Mr. Colin Adam: Mr. Mungo Law: Mr. John Bell: Mr. 2o APRIL] OF GENERAL ASSEMBLY, 1648 459 Francis Aird : Mr. George Lesly : Mr. Robert Birnie : Mr. Patrik Gil- laspie : Mr. Alexander Muncreiff : Mr. David Dickson: Mr. James Hamiltoun : Mr. James Guthrie: Mr. Fredrick Carmichaell : Mr. John Neve : Mr. John Hamiltoun : Mr. Hary Livistoun : Mr. Ephram Mel- vill : Mr. Thomas Melvill : Mr. James Nasmith : Mr. Evan Cameron. Elders. — Dundas : Libbertoun : John Sempill : George Porterfeild : John Mill. The Comission appoynts Messrs. James Hamiltoun, James Overturs for the Guthrie, John Neve, Patrik Gillaspie, to revise the Overtures Assembl y- for the Generall Assembly, and to prepare a report. The Comission appoynts that Comittee appoynted yesterday Mr. Andro for considering what is to be done in publick bussines, with Ramsa y- Messrs. Mungo Law and Patrik Gillaspie, to consider also what is to be done in Mr. Andro Ramsayes bussines, and to report their opinions. This day, Mr. James Hamiltoun shew that Mr. John Bell and Report concern - he had spoken the Lord Generall concerning the murther com- com^iainerof 1 plained of by the Synod of Drumfreise, and that his Lordship by Synod of i.T-Li iii T iii Drumfreise. shew that he had alreadie sent to cause apprehend the persones, and to bring them to this town with the witnesses, and intends to doe justice vpon them heir. The nixt meeting at three afternoon. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Doug-las, Moderatour. Mr. John Adamson : Mr. Robert Baillie : Mr. Colin Adam : Mr. John Neve : Mr. George Hamiltoun : Mr. Thomas Melvill : Mr. John Bell : Mr. Hew Mackell : Mr. Alexander Livistoun : Mr. Ephram Melvill : Mr. Evan Cameron : Mr. David Dickson : Doctor Colvill : Mr. George Gillaspie : Mr. James Guthrie: Mr. Fredrik Carmichell : Mr. Mungo Law: Mr. Hary Livistoun : Mr. Francis Aird : Mr. Patrik Gillaspie : Mr. Andro Fairfoull : Mr. John Smith : Mr. Alexander Murray : Mr. James Nasmith. Elders. — Dundas: Libbertoun: Findawrie : Sir James Stewart: Law- rence Henderson: John Sempill : John Mill. The Comission appoints Mr. David Dickson and Mr. Robert 5 oo lib. sterling. Baillie to speake to the Lord Thesaurer for giving at the leist on yeirs payment of the 500 lib. sterling, of so many yeirs rest- ing, conforme to the precept given be his Lordship, and to show his Lordship that other wayes the Comission will be forced to move it to the Parliament. The Comission appoynts Messrs. John Adamson, Doctor Committee for the Psalmes. 460 PROCEEDINGS OF COMMISSION [20 april Colvill, James Hamiltoun, John Smith, John Neve, and Patrik Gillaspie, James Gutterie, to revise Rouses Psalmes, and the amendements sent in from these that wer appoynted by the Assembly to revise them, and to report their opinions, their meeting to be the morne at 7 houres in the Colledge. The brethren sent to Mr. Andrew Ramsay having reported that they had conferred with Mr. Andro according to the appoy[nt]nient of the Comission, and that Mr. Andro was readie to produce another paper to the Comission, And Mr. Andro having appeared him self and produced a paper, The Comission, after consideration therof, doe not find that that paper con- taineth that sense and acknowledgment of the offences proven against him which he should have expressed. The Comission, having againe called Mr. Andro, and desyring to know if he wes sorie for the particular offences proven, He answered that he wes not conscious to him self of any offence given by him, but conceived him self innocent, not remembring of the particulars he wes charged with, but said he was sory for any offence that wes taken at anything he had spoken. The Comission of Assembly, entering vpon the bussines con- cerning Mr. Andro Ramsay, after some debate vpon the power of the Comission, doe find them selves judges to that bussines, notwithstanding any doubts moved to the contrairy. The Comission continues further proceeding in the business concerning Mr. Andro Ramsay vntill the morne. The nixt meeting the morne at 10 houres. Edinburgh, 21 Aprilis 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson : Mr. James Hamiltoun : Mr. John Smith : Mr. James Guthree: Mr. George Lesly : Mr. Ephram Melvill : Mr. Colin Adam : Mr. Thomas Melvill : Mr. John Adamson : Mr. Robert Baillie : Mr. Mungo Law : Mr. John Bell : Mr. John Neve : Mr. Hew Mackaell : Mr. Fredrick Car- michaell : Mr. George Hamiltoun : Mr. Evan Cameron : Mr. Patrik Gillaspie. Elders. — Dundas : Libbertoun : Findawrie : John Sempill : Sir James Stewart : John Mill : Lawrence Henderson. David Spense. The Comission approves the petition to the Parliament anent David Spenses cariadge the 19 of March last at the reading of the Declaration in the kirk of Rutherglen. Tenor quhairof folio wes : — Mr. Andrew Ramsay. Mr. Andro Ramsay. Mr. Andro Ramsay. Mr. Andro Ramsay. 2i APRIL] OF GENERAL ASSEMBLY, 1648 461 4 Vnto the Honorable Estates of Parliament The humble petition of the Comissioners of the Generall Assemblie. 4 Wheras it hath been oft and heavily regraited vnto ws by Petition and diverse of the reverend brethren of the Synod and Presbytery agaTnirDavid of Glasgow that on the Lords Day, the 19 of March last, ^^^[^ David Spense, towne clerk of Rutherglen, did very scandalously disturb the congregation in the forenoon befor the ending of the public worship, stoping the minister, and hindering him to read our Declaration, saying in the audience of all the people that he, as a member of Parliament, according to the trust putt vpon him, did discharge the minister to read that Declaration, and withall did charge the Proveist and Baillies not to heir that paper red, avoving that the Parliament had put furth a pro- clamation against the reading of it, vnder paine of treason ; Which most false and wicked speeches occasioned a great confu- sion and disturbance in the congregatioun then assembled : Wee humbly therefore beseech your Lordships to take the premisses into your consideration that, according to the Act of the ij. Parliament of King James 6 " Against the makers of trouble in the Kirk," and according to the answer of the late Parliament, February ij, 1647, to our remonstrance then presented to their Honours, wherin they judged it most just and reasonable that all insolencies against the judicatories of the Kirk be exemplarly punished, your Lordships will be pleased to proceed and enjoyne condigne censure to be inflicted vpon the foirsaid delinquent, not only for troubling of the Kirk, and so high contempt to the autoritie of the judicatories therof, but also for his open abusing of the name and autoritie of this Honorabill Court of Parlia- ment to cover and patronize his impious misdeamenoures.' The Earles of Crafurd, Lindsay, and Murray, the Lords Humby and Lee, Archbald Sydserff, and Sir Alexander Wedder- burne, did this day present from the Parliament the answer to the Desyres given in by the Comission of the Kirk, vpon the 13 and 18 of this instant, togither with their Declaration desyring the Comission to consider the same, and to returne their answer vpon Monday nixt at 2 afternoon. Tenor of the papers aforsaid followes : — 462 PROCEEDINGS OF COMMISSION [21 april 4 Edinburgh, 20 Appryle 1648. ' Answers of Parliament to the Desyres given in to them be the Commissioners of the Generall Assemblies and to their papers given in be them vpon the 13 and 18 dayes of this moneth. 1 The Answere of ' The Estates of Parliament having againe taken to their con- the Parliament s jd era tion the Desires given in to them be the Comissioners of the to the Desires ° of the 13th and Generall Assemblie, and having also considered the papers given in be the saids Comissioners vpon the 13 and 18 dayes of this moneth, Doe conceave that the Declaration of Parliament is a full and satis- factorie answer to the first 8 2 Desyres, as also to the vther tua papers in sua farr as the samen ar coincident with these Desires, and also 3 to the vther particulars of their tuo last papers concern- ing the way and tyme of sending the Propositions to the King, 1. ' It is ansred, That the Parliament conceaves the same way is now tane that hes been formerlie, and in regard the Parlia- ment of England have layd asyde these Propositiones con- cerning Religion and the joynt enterest of the Kingdome of Scotland, wee ar necessitat to make our first applicatiouns to them who most first agrie and condescend thervnto befor his Majesties assent can be demanded : And that it evidently appeares be the Declaratione, That we reallie intend to insist for satisfactione from his Majesty in that concernes Religion befor all worldly things, and that so soone as his Majestie sail be in such a conditione of freedome, honour, and safety as his concessiounes may be effectuat. ' And as to that preiudice alledgit in the preparative of taking resolutioune in that whilk concernes Religion without advyse and consent of the Kirk, 2. ' It is ansred, That as we have never hithertills taken any resolutiounes in that which concernes Religion without advyse of the Kirk, and since what is now declared be the Parliament in order to Religion is not vpon any new grounds but in pursuance of the same grounds conteined in the Covenant, in the Acts of the Generall Assemblie and Acts of Parliament, and that as in our Demands concerning 1 Acts of the Parliainents of Scotland, vol. vi. Pt. II. pp. 40-44. The varia- tions of the text there given from that in these Records are indicated in the notes which follow. The text here given, however, coincides with that in the contemporary 4to print by Tyler, Edin. 1648. 2 8 first. 3 as. 21 APRIL] OF GENERAL ASSEMBLY, 1648 463 Religion the advyse of the Comissioners of the Generall Assemblie have been desyred, so we sail never doe anything that may preiudice the just interest and libertie of the Kirk of Scotland. 3. ' And for their Desyre to be satisfied in the haill mater, It is ansred, that it is cleare be the Declaratioune, which con- taines the grounds and resolutiones of the Parliament on the haill matter, that ther is nothing therin which doeth crosse the Demands concerning Religion, or is inconsistent with the securitie therof. ' And, farder, It is ordained that, the Parliament having agreed into 1 the Declaratioime, it be comunicat to the Comissioners of the Generall Assembly befor it be published, And in materis that concernes Religion that the Parliament will be reddie to heare and consider the advyse of the Comissioune of the Kirk. Extractit out of the Bookes of Parliament be me, Sir Alexander Gibsone of Durie, knight, Clerk of his Majesties Registers, Councell, and Rollis, vnder my signe and subscription manuall. Sic Subscribitur ' Alex. Gibsone, Cls. Regrj.' 4 A Declaration of the Parliament of Scotland The Pariia- 4 To all 2 his Majesties good subjects of this Kingdome concern- tTon! tS Declt big their resolutions for Religion, King, and Kingdoms, In pursuance of the ends of the Covenant. ' Wee, the Estates of Parliament, now conveened in the first session of this second Trienniall Parliament, 3 finding the stronge endeavours and attempts of disaffected persones and enemies of Truth to blast and obstruct our labours in the performance of our duties in order to all our relations, by traducing and calumniating our proceedings, Are therfore obliged to vndeceive the abused people, to vindicate ourselves from all vnjust aspertions, and to clear and evidence to this Kingdom our constancie and firmnesse to the Cause of God, which we find now in as great (if not greater) danger then it ever was in since the begining of all thir late 4 troubles. e Vpon the growing divisions and debates betuixt his Majestie i vnto. 2 all omitted. 3 The clause now conveened, etc., is omitted. 4 late omitted. 464 PROCEEDINGS OF COMMISSION [21 april and his tuo Houses of the Parliament of England this Kingdome did, for the space of neer tuo yeares, by reiterated petitions and messages, offer their services and endeavours for composeing and removing these dissentions and differences : But their desires therin, through the councells and practises of their comon enemies, wer still made ineffectual and disappoynted, vntill at length many thowsands of either side wer fallen by the fuiy and rage of a cruell and vnnaturall sword, and the flourishing Kingdome of England turned into a field of blood. And while they wer thus with their owne hands tearing out their owne bowells and massacring them- selves, the Houses of Parliament, then in a very low conditione, invited this Kingdome to their assistance, who finding their peti- tions and addresses to his Majestie for a more naturall and amicable 1 decision of differences then by the sword rejected, and justly appre- hending to have the dregs of that bitter cup which overflowed in England poured out vpon their owne heads, if those councels and advices which gave first life and motion to these dissentions should still be prevalent, Did engage in a Solemne League and Cove- nant for Reformation and defence of Religion, the honour and hap- pines of the King, and peace and safety of the three Kingdomes. In pursuance therof 2 this Kingdome joyned in armes with their brethren in England, and for diverse years, through many hazards and wants, did prosecute these ends, vntill, by the blessing of God vpon their joint endeavours, their common enemies wer subdued, and most of them brought to such condign punishment as the respective Parliaments thought fitt. Therafter our Army returned home vpon assurance from the tuo Houses that the Treaties and Covenant should be inviolably kept. But by the contrary we find that their is not ane article of the Solemne League and Covenant which hes not been sinfully and dangerously violated before God, angels, and men, by the prevalent party of Sectaries and their adherents ; Nay, the Covenant itself like to be destroyed, or at least forgot and layd asyde. For where we expected that, accord- ing to the first Article of the Treaty betwixt the Kingdomes in anno 1643, it should have been tane by both Kingdoms, and that the not takers therof ar by the joynt Declaration of both declared publick enemies to Religion and Countrey, and are to be punished as professed adversaries and Malignants, wee now find, by the prevalent party of Sectaries and ther adherents it is not onely laid aside in the new Propositions lately sent to his Majestie to 1 amicable and naturall. 2 quhairof. 2i APRIL] OF GENERAL ASSEMBLY, 1648 465 the lie of Wight, and no execution of publick orders for taking it through the countrey, but also many persons of eminent and publick trusts in the Army and elsewhere have never taken it, nether are vrged thervnto. Instead of Reformatioun and defence of Religion, that Reformation which by the Covenant ought to be endeavoured is resisted and hindered, heresie and schisme tol- lerated, vnder which most horrid blasphemies are sheltered and protected, if not openly professed and allowed. Instead of main- taining the rights and priviledges of Parliament, the Houses have been highly disobeyed and threatned ; those who by the Cove- nant ought to be brought to condigne tryall and punishment for hindering the Reformation of Religion, dividing the King from his people, or any of the Kingdoms from another, or making any faction or party amongst the people contrary to the League and Covenant, have been protected and assisted, and those persecuted who by the Covenant ought to be defended. Instead of a firme vnion and peace 1 betuixt the Kingdoms, a breach hath been endea- voured. And wheras both Kingdoms by the Solemne League and Covenant are obliged to preserve his Majesties persone and authoritie in the preservation and defence of the true Religion and liberties of the Kingdoms, that 2 the world may bear witnesse with our consciences of our loyaltie, and that we have no thoughts nor intentions to diminish his Majesties just power and greatness : And the Kingdom of Scotland, having also vpon his Majesties goeing from Newcastle, declared against all injury, harm, preiu- dice, or violence to be done to his Royall Person ; yet by a sudden surprizall his Majesty wes violently seized on and carried from his house at 3 Holdenby against his owne will, and the declared resolu- tions of both Kingdoms, by a party of the Army, under the comand of Sir Thomas Fairfax, and by that Army thereafter caryed about from place to place at their pleasure, kept and invironed with strong guards within their quarters, vntill he was forced for safety of his life to flee from Hampton Court, as he himself declared in his message from thence. And by the power and prevalency of that Army and their adherents, he is kept a close prisoner in the He of Wight, and votes past declaring it high treason to make any further applications to him, or receive any letters or messages 4 from him ; Yea, even to that extremity are they already gone against him, that it is declared they will repose no further trust in him. Lykeas not onely such as had warrants for accesse to him from the 1 peace and anion. 2 all inserted. 2 G 4 messages or letters. 466 PROCEEDINGS OF COMMISSION [21 april Parliament of this Kingdom are debarred therof, notwithstanding of the ingagement of the Houses, 27 January l6i7, to the contrary ; but the Earle of Lauderdale, a publick minister of this Kingdom, contrary to the law of nations, was violently removed from Woburn, wher his Majestie then was, and not suffered to have accesse to him, and though reparation therin was desired by the Comittee of Estates, yet none was given : And when the saids Comissioners desyred to know whether the votes against all applicatiouns to the King did extend to his Majesties subjects of Scotland, to debar such as are warranted by the Parliament of this Kingdom or their Comitties from free access to or entercourse with his Majesty, Or that he should be hindered from, and so made vncapable of any act [of] Government in relation to the affaires of Scotland, no answer at all was returned therto, vntill the Comissioners from both Houses, now residing here, did in March last give to ws a large Declaration 1 from them acclaiming the sole power of the disposing" of the King in England. We do not conceive it fit at this tyme to insist vpon any violation made of the Large Treaty concerning the remainder of the money due vpon the brotherly assistance, nor of the Treaty for the Army in Ireland, for whose service their was due in anno 1643, by a subscrivet accompt, 312,000 1. sterling (though we can never part from the interest of that Army till they be justly satisfied for their long and faithfull services). For as money neither was the cause nor motive to any of our vndertak- ings nor resolutions, what ever hath been falsly suggested by our enemies, so we shall not value it so much as now to mention it amongst the causes and grounds of our proceedings at this tyme. ' By the Large Treaty betuixt the Kingdoms of Scotland and England it is provided, that if any armies be levied in any of the Kingdoms, and the nighbour Kingdom therby harmed or wronged, that then the Estates of the country by which it is done shall be oblidged to pursue, take, and punish the offenders with all rigour. The Kingdom of Scotland hath diverse times desired the perform- ance of this Article, and, in particular, the Parliament of Scotland vpon the 16 of January 1647. To which the Houses in their letter of 27 of January, ingaged them selves to the Parliament of Scot- land, that the English garisons being delivered vp, and the Scot- tish Army marched out of England, they should take that desire into speady consideration. Vpon the 16 of July 1647, the Scottish Comissioners desired performance hereof ; but through the preval- 1 A Declaration of the Honourable House of Commons in Answer to the Scotch Papers. London, 1648. 2 of the persone inserted. 2i april] OF GENERAL ASSEMBLY, 1648 467 ency and power of the Sectaries, no reparation, satisfaction, nor answer was given. e And although by the eight Article of the Treatie 1643 it is agreed that no cessations, pacifications, nor agreement for peace whatsoever shall be made by either Kingdom, or the Armies of either Kingdome, without mutuall advyse and consent of both Kingdoms, which ingagement the Houses of Parliament also repeated in their letter of the 17 of January 1647, to observe that x'Vrticle after the removall of our Army out of England, yet contrary thervnto the Army of Sectaries and their adherents framed pro- posals destructive to the ends of the Covenant, which wer pre- sented to his Majestie without the advyse or consent of the Kingdome of Scotland ; And therafter by their power and preval- ency the Houses of Parliament have laid aside the Propositions agreed vpon by both Kingdoms, and have, contrary to the Treaty, presented Propositions and Bills to his Majesty, against which the Comissioners of this Kingdome by order, and according to their instructions, did protest, as being destructive to Religion, the Crown, and Virion of the Kingdoms. ' These dangers so eminently threatning Religion and Govern- ment call vpon ws as Christians, as subjects, as Scotchmen, to a duty to God, our King, and Countrey, and to our oppressed and heavily afflicted brethren in England who are faithfull and con- stant to the Cause of God. We have therfore resolved, in the first place, to endevour and assay all brotherly and amicable meanes of repairing and making vp such differences or breaches, as may otherwise necessitat this Kingdom to ingage in a warr. And therfore we do intend to send to the honorabill Houses of the Parliament of England these following necessary and just desires for Religion, his Majesty, and good and peace of these Kingdoms : — ' 1. That an effectuall course be tane by the Houses for enjoyning the Covenant to be taken by all the subjects of the Crown of England, conforme to the first Article of the Treaty, and conforme to the Declaration of both Kingdoms in anno 1643, by which all who would not take the Covenant were declared to be publick enemies to Religion and the country, and that they are to be censured and punished as professed adversaries and Malignants ; And that Reformation of and Vniformity in Religion be setled according to the Covenant : That as the Houses of Parliament have agreed to the Direc- PROCEEDINGS OF COMMISSION [21 april tory of Worship, so they would take a reall course for the practicing therof by all the subjects in England and Ireland ; That the Confession of Faith transmitted from the Assemblie of Divines at Westminster to the Houses be approven; And that Presbyteriall Government, with the subordination of the lower Assemblies to the higher, be setled and fully established in England and Ireland ; And that an effectuall course be taken for suppressing and extir- pating all heresies and schismes, particularly Socinianism, Arminianism, Arrianism, Annabaptism, Antinomianism, Erastianism, Familism, Brownism, and Independencie, and for perfecting what is yet further to be done for extirpating Popery and Prelacy, and suppresing the practise of the Service Book, comonly called the Book of English Common Prayer. 2. That, conforme to the former desires of this Kingdom, the Kings Majesty may come with honour, freedom, and safety to some of his houses in or near London, that the Parlia- ments of both Kingdoms may make their applications to him for obtaining his royall assent to such desires as shalbe by them presented to him for establishing Religion as is abone exprest, and setling a well ground[ed] peace. 3. And to the end that all members of both Houses who have been faithfull to this Cause may freely and safely returne and attend their charges, the city of London may enjoy its liberty and priviledges, which it had before the late encroachment of the Army, the Parliament may sitt and voyce with freedome and safety, both Kingdoms with- out interruption or disturbance may make their applications to his Majesty, and the setling of Religion and peace may be no longer hindred and obstructed, that the present army of Sectaries, vnder the comand of Thomas, Lord Fairfax of Cameron, be disbanded, and none imployed but such as have or shall take the Covenant, and are well affected to Religion and Government, excepting from the said disband- ing the garrisons necessary to be kept vp by the Parliament of England for the safety of that Kingdom, which are desired to be comanded by such as have or shall take the Covenant, and are well affected to Religion and Govern- ment as aforesaid. ' Wee will not doubt but the Honourable Houses will seriously 2i APRIL] OF GENERAL ASSEMBLY, 1648 469 weigh and consider how necessary and just these our Demands are, to which we will expect an satisfactory answer. But if through the influence and power of the Army of Sectaries that now invirons them, these our desires be slighted and rejected, yet we resolve, by Gods assistance, in all our proceedings never to break on our part the vnion betuixt the Kingdoms, nor to encroach vpon the nationall rights of the subjects of England, or entrench vpon their just liberties ; much lesse is it our intention at all to make an Nationall ingagement against the Parliament and Kingdome of England, but for them, whose freedom, priviledges, and happi- nesse shall be ever as dear to ws as our own. And if we shall be necessitat to any vndertakings in a war, We do resolve that as the ingagements of this Kingdom have been constantly hitherto for setling Truth and Peace vnder his Majesties Government, so they shall still be for the 1 obtaining the same ends. And we will be cairfull that in the managing and carying on of so pious and duti- full a work, that we shall not enter into associatione and conjunc- tion of forces with those who shall refuse to swear and subscribe the Solemne League and Covenant, nor vse such meanes or instru- ments as may discourage or disoblige the Presbyterians in England who continue firme to the Solemne League and Covenant : And that we will be so far from joyning or associating our selves with the Popish, Prelaticall, or Malignant party, if they shall againe rise in arms, either to oppose or obstruct all or any one of the ends of the Covenant, that, on the contrary, we will oppose and endeavour to suppresse them, as enemies to the Cause and Covenant on the one hand, as well as Sectaries on the other. And we further declare that we will give trust in our Armies and Comittees to none but such as are of known integrity, abilities, and faithfulnesse to this Cause and Covenant, and against whom their is no just cause of exception. And as we shall endeavour the rescuing of his Majesty from those who violently carried him away from Holdenby, and by whose power he is still detained close prisoner, that he may come with honour, freedom, and safety to some of his houses in or neer to London, wher both Kingdoms may make their applications to him for setling Religion and a well grounded peace, So we resolve not to put in his Majesties hands, or any other whatsoever, any such power wherby the foirsaid ends of the Covenant, or any one of them, may be obstructed or opposed, Religion or Presby- terian Government indangered ; But, on the contrary, before any the omitted. 470 PROCEEDINGS OF COMMISSION [21 april agreement or condition to be made with his Majesty, having found his late concessions and offers concerning Religion not satisfactory, that he give assurance by his solemne oath, vnder his hand and seal, that he shall for him self and his successours give his Royall assent, and agree to such Act or Acts of Parliament and Bills as shall be presented to him by his Parliaments of both or either Kingdoms respective, for enjoyning the League and Covenant, and fully establishing Presbyteriall Government, Directory of Worship, and Confession of Faith in all his Majesties dominions, and that his Majesty shall never make any opposition to any of those, nor endeavour any change therof. And, further, to shew and evidence the candor and reality of our intentions, we are will- ing to subjoyne to the grounds of our vndertakings ane oath, wherein, both in the framing therof and otherwayes, we are willing the Church shall have hir due interest as formerly in the like cases. ' And albeit we are resolved not to engage in any war before the necessity and lawfulnesse therof be cleared, so as .all who are well affected may be satisfied therwith ; and that reparation to such breaches and injuries as are or shall be condescendit on, shall be demanded in such a just and fitt way as shall be found most law- full and expedient, yet we cannot be answereable to the great trust laid vpon ws, if, seeing so imminent and great dangers to all that is dearest to ws, we did not make vse of our authority and power for the common safety of this 1 Kingdom, And therfore we have resolved to put this Kingdom presently in a posture of defence as it was in anno 1643. ' And now, as many of the dangers, with the grounds and resolu- tions in pursuance of our duties, are hereby made known to this Kingdom, so we are assured that all and every one who have any zeal to Religion, love to Monarchical 1 Government, sense of the sufferings and imprisonment of their King, affection to their oppressed brethren in England, or desire to preserve the privi- ledges of Parliament and liberty of the subject, will chearfully in such an exigent (while the eyes of all Christendom are on ws) rouze vp them selves, and contribute their best endeavours, as they shall be required by ws, in pursuance of all the ends of the Cove- nant, alswell for Religion as for his Majesties Person and Govern- ment, and priviledges of Parliament; in doing whereof we shall witnesse to the world that w T e have not swerved from these our rst principles contained in our Nationall Covenant and in our 1 the for this. 2i april] OF GENERAL ASSEMBLY, 1648 471 Solemne League and Covenant, whereby we did solemnly swear and promise 1 before God and his angels To endeavor in our severall places and callings the Reformation of and Vniformity in Religion and Church Government in all his Majesties dominions, according to the Word of God and example of the best Reformed Churches ; and not only to the outmost of our power with our meanes and lives to stand to the defence of our dread Soveraign, his Person and Authority in the preservation of the true Religion and liberties of the Kingdoms ; But also in every cause, which may concern his Majesties honour, to concur according to the laws of this Kingdom and duty of good subjects ; and also hereby give a singular proof of the good intentions of all that maintain Presbyteriall Govern- ment, that they are not enemies to Monarchic, as they are falsely by ther enemies branded. And, in particular, this Kingdom of Scotland will now make it evident, as they often declared, That their quietness, stability, and happiness doth depend vpon the safety of the Kings Majesties Person and maintenance of his greatnesse and Royal Authority, who is Gods Vice-gerent set over ws for maintenance of Religion and ministration 2 of justice ; Having so many bands and ties of duty and subjection to his Majestie and his Government, who is our native King, from a longer series and discent of his Royall Progenitors then can be paralleld in Europe, That we resolve closely and constantly to adhere therevnto, as also to all the ends of the Covenant. Sic Subscribitur, Alex. Gibson, Cler. Regist.' A letter to the Comission, and a supplication to the Parlia- Thanks to the ment, from the Provinciall Synod of Merse and Tiviotdaill, Sfer^Sd ° f presented be Mr. William Jamison, Mr. Thomas Ramsay, Mr. Teviotdaie. John Somervaill, Sir AValter Riddell, and Gallosheills, the Comission having read the letter and petition, did blesse the Lord for so faithfull a testimony from them, and gave them hearty thanks for their cair and labours at such a tyme. 6 Right reverend and much beloved in the Lord, — We Letter from the received your letters of the dait the last of March, whereby £ ovincia 5 of /» i i Merse and we were much refreshed, and have and salbe cairfull to give Teviotdaie. satisfaction in all the particulars therof ; and we cannot but heartily blesse the Lord for so tymeous and faithfull remem- brancers. This dangerous tyme wherin it hath pleased God to cast our lott calls for men of such abilitie and fidelitie, and shall 1 and promise omitted. Administrationne for and ministration. 472 PROCEEDINGS OF COMMISSION [21 april we not be thankfull to him who hath sett such vpon the watch- tower, who have both wysely descryed the dangers, as your Declaration sheweth, and doe couragiously endeavour the remedies, as daylie report bringeth to our earis ? We heare what opposition ye encounter ; So long as the Lord continueth a Kirk on earth, that will be the lot thereof. Ye are not ignorant either of the wyles or wayes of Sathan ; but be sure, if ye faint not, ye shall receive the fruit of your labours, yea, even here, a wished success to them, and heir after the Croune of righteousnes which is the reward of all those who are faithfull in there Masters service, which is the hope, and shall be the earnest prayer of 6 Your loveing brethren of the Provinciall of Merse and Tiviotdaill. Sic Subscribitiu\ M R . Jo. Kxox, Cle. Jedburgh, B?J coman d of the Provinciall Assemblie the 19 ofApryle 1648. of Merse and Tiviotdaill* The Comission appoynts Messrs. James Guthrie, John Smith, Fredrick Carmichaell, George Lesly, Libbertoun, and Fin- dawrie, to accompany the brethren of Merse and Tiviotdaill in presenting the petition of that Synod to the Parliament at 2 afternoon. Committee for The Comission appoynts Mr. Robert Douglas, Moderatour. pTriLmenfs the Messrs. David Dickson, Robert Baillie, George Gillaspie, James Declaration. Hamiltoun, Fredrick Carmichaell, John Smith, George Leslie, James Guthrie, Dundas, Libbertoun, Findawrie, and Sir James Stewart, to be a Comittee to consider the Declaration and the vther papers presented this day from the Parliament, and to prepair a drawght of an answer, and to report. David Spense. The Comission appoynts Messrs. John Bell, George Hamil- toun, Colin Adam, and John Neve, Lawrence Henderson, to present the petition concerning David Spense before mentioned to the Parliament. David Spense. The Comission recomends to the Presbytery of Glasgow to proceed against David Spence ecclesiasticallie for his miscariage m the Kirk of Rutherglen. This day a letter from Presbytery of Lithgow, bearing the report from them, produced. Tenor quhairof followes : — 24 april] OF GENERAL ASSEMBLY, 1648 473 4 Right Reverend, — Wee have receaved your Declaratione, Report from together with the Act ordaining the samen to be read in all Lithgow7 ° our churches the first Sabboth day after the recept therof ; Which hath been done by ws all, and, wherin any hath not evidenced such affection as became in the reading of the samyne, we trust ere long to give ane account of our diligence in the tryall therof. It cannot be expressed how much we have been refreshed from tyme to tyme by your seasonable warnings, trew informations, and vsefull Declarations, as for- merlie, so especiallie at this nick of tyme, wherin your Chris- tiane courage, fervent zeall, and vnwearied constancy in standing on the brunt of so many difficulties, and opposeing the sperit of a backslyding generation, doeth ingadge and greatly oblidge ws both to praise the Lord for his gratious assistance he hath vouchsafed in tyme bygone, and also to pray earnestlie for yow both publicklie and privatlie, that the Lord would make yow a defenced citie and an iron pillar against all that oppose yow, and that in all your proceedings yow may be so filled with the spirit of judgment, that you may con- tinually make glad the heart of the righteous ; Which ever shall be the earnest desire of 6 Your affectionat brethren. Sic Subscribitur, M R . Ro. Row, Cler. in name of' the Presbytery of Lhxlythgou\ The nixt meeting at 3 houres. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. George Gillaspie : Mr. James Hamiltoun : Mr. Alexander Muncreiff : Mr. Wil- liam Colvill : Mr. Ephram Melvill : Mr. John Smith : Mr. David Dick- son : Mr. Robert Baillie : Mr. Andro Fairfoull : Mr. Hary Livistoun : Mr. James Guthrie : Mr. Alexander Livistoun : Mr. Colin Adam : Mr. John Neve. Elders. — Libbertoun : Sir James Stewart: John Sempill : John Mill. The nixt meeting on Mononday at 10 houres. Edinburgh, 24 Apr His 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Robert Baillie : Doctor Colvill : Mr. John Adamson : Mr. John Smith : Mr. Patrik Gillaspy : Mr. Ephram Melvill : Mr. Harie Livistoun : Mr. 474 PROCEEDINGS OF COMMISSION [24 april William Penman: Mr. James Hamiltoun : Mr. John Neve: Mr. David Dickson: Mr. William Colvill : Mr. John Duncan: Mr. Hew Mackaell : Mr. James Hamiltoun : Mr. Colin Adam : Mr. Alexander Livistoun : Mr. Alexander Muncreiff : Mr. John Bell : Mr. James Guthrie : Mr. James Nasmith. Elders. — Lord Angus: Libbertoun : Findawrie : Sir James Stewart : Lawrence Henderson : John Sempill. This day a Report from the Presbytery of Drumfreise con- cerning the Lord Herreis his satisfaction, and their reiding of the Declaration. Tenor qnhairof followes : — 'At Drwnfrcis, 14 December 1647. Report con- ' Whereas John, Lord Herreis, presented to the Presbytery Lord^erreiss the last dyet ane missive and Act from the Comission of the satisfaction and Generall Assembly, praescrivin^ the maner of his Lordships relaxation. ^ satisfaction, The Presbyterie, in obedience therto, having appoynted Mr. William Macjore to receave the same in Drum- freis, the said Mr. William reported that the said Lord had given full obedience in every poynt required, viz., first he did seale his confession of his haynous offence of malignancy and joyning with the rebells, for which he acknowledged him self to have been justly excomunicat ; nixt, presenting him self in sack, in a place sett apart before the pulpit, genibus jleocis did iterat the said confession, abjured Poperie, subscrived the Nationall and Mutuall League and Covenant. ' Extraction per M R . H. Fareis, clericum Presbyterii DrumfrisiensisS Their Report of reading the Declaration of the Comission. Mr. Andro Ramsay. ' At Dritmfreis, 28 March 1648. ' The brethren of the Presbytery of Drumfreis being severallie demanded, reported their diligence anent the reading of the Declaration of the Comission of the Generall Assemblie, which wes performed the Lords Day imediatlie praeceiding this dyet. 6 Extraction per M . H. Fareis, Clericum Presbyterii: The Comission appoynts Messrs. David Dickson, Robert Baillie, Fredrick Carmichaell, Patrik Gillaspie, James Guthrie, James Nasmith, with the Moderator, Libbertoun, Findawrie, and Sir James Stewart, to consider what is to be done in Mr. Andro Ramsayes bussines, and to report their opinions. The nixt meeting at 3 hours. 25 april] OF GENERAL ASSEMBLY, 1648 475 Edinburgh, 24 Aprilis 1648, post meridiem. Sederunt vt supra. The Comission continues the meeting vntill 5 afternoon, and appoynts the Comittee appoynted vpon Fryday to meet pre- sently and praepare their Report against that tyme. Eodem die, hora 5< z . Sederunt vt supra. The Comission continues the meeting vntill the morne at 7 houres in the morning, and desyres all the brethren to keep that dyet, and to advertise others that are in towne. Edinburgh, 25 Aprilis 1648, hora 7, ante meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson : Mr. John Bell : Mr. George Hamiltoun : Mr. James Guthrie: Mr. Ephram Melvill : Mr. Alexander Livistoun : Mr. Hew Mackell : Mr. Robert Blair : Mr. Francis Aird : Mr. John Neve : Mr. David Dick- son : Mr. J ohn Duncan : Mr. Colin Adam : Mr. William Penman : Mr. Alexander Muncreiff: Mr. James Nasmith : Mr. Harie Livistoun: Mr. Patrik Gillaspie : Mr. Samuell Rutherfurd : Doctor Colvill : Mr. John Smith: Mr. Robert Baillie. Elders. — Dundas : Sir James Stewart: Lawence Henderson: John Semple. This day a paper presented bearing a protestation, togither Approbation of with a returne to the Parliaments papers from the Comittee, a nd Return to the Comission, having seriously considered the same, doe vnani- J^* 6 Parlia ~ mously approve the said Protestation, as also the returne to the Parliament, and appoynts Mr. Robert Douglas, Moderator, Messrs. John Adamson, David Dickson, Robert Blair, Robert Baillie, John Duncan, Samuell Rutherfurd, William Colvill, John Smith, John Bell, Dundas, Libbertoun, Findawrie, and Lawrence Henderson, to present it to the Parliament. Tenor wherof followes : — 'Edinburgh, 25 Aprill 1648. 4 The Humble Return of the Comission of the Generall Assem- bly to the Answer of the Honor abill and High Court of Parliament to our 8 Desires, and to our papers of the 13 and 18 of this moneth. 4 Whereas your Lordships did comunicat vnto ws your large The Protesta- Declaration, containing principally your Lordships resolutions toTh^Padki"™ concerning dangers and dewties relating to Religion, we wish ment - 476 PROCEEDINGS OF COMMISSION [25 april your Lordships had been so tender of the liberties and due interest of the Generall Assemblie and their Comissioners as to have comunicat to ws a bussines so highly concerning Religion before, not after your Lordships resolutions taken therin, and that your Lordships had not given just cause to so many and so considerable members of Parliament, who have given most reall and constant testimony of their integrity in this Cause, to dissent from and protest against your Lordships proceeding to determine a bussines of this nature without consultation with ws, and our consent had therin. For our part, the trust comitted to ws is so pretious, that we may not hold our peace n such a case, but must freely professe and declare to your Lordships, That, this act being reallie a taking from ws to your elves the antecedent judgment and determination of dangers and dewties so highly concerning Religion, in this present juncture of affaires, The liberties of the Kirk ar so farr pre- j udiced as could not have entered in our hearts to expect, after so solemne obligations 4 to preserve and mantaine the doctrine, discipline, and government of the Kirk of Scotland. 1 Wee therfore protest for the preservation of the liberties of this Kirk, according to the Word of God, solemne Covenants, former laws and lawdable customes of this Kirk and Kingdom, and that this act of your Lordships be no preparative for the future, Finallie, that it shall be yet free vnto ws, according to the duty of our place, and as ther shall be cause, to give our judgment, in an ecclesiasticall way, of the materialls of the said Declaration, so farre as Religion is therein concerned, as freely as if your Lordships had taken no resolution thervpon. These things being premissed, and desireing your Lordships to remember what we did formerly professe in our late petition, that we never were, nor now are, averse from an Ingagment, being first satisfied in the grounds of vndertaking and in the way of manadging the same, We proceid to make our humble returne to your Lordships answer of the 20th of this moneth to our eight Desires and to our papers of the 13th and 18 of this same moneth. Wheras your Lordships conceive that your Declaration comunicat vnto ws is a full and satisfactory answer to our eight Desires, we must clearly professe to your Lordships that we can find no such thing: in that Declaration as a satis- 25 APRIL.] OF GENERAL ASSEMBLY, 1648 477 faction to our eight Desires, but that we find diverse things in it which we humbly conceive to be very prejudiciall to these our Desires, and of very dangerous consequence to the Cause of God and the Solemne League and Covenant. And for the particulars we shall expresse our sense therof in a distinct paper, as soone as we can put our thoughts in order, which we hope shall be very shortly. 6 As to our other tuo papers, give ws leave to put your Lord- ships in mind of some particulars contained therin which we observe not to be touched much lesse satisfied by your Lord- ships, either in your answer of the 20th or in the Declaration, as, namely, (1) In our paper of the 13, we desire your Lordships seriously to ponder how vow can make the refusall of that Demand concerning Religion a cause of warre against the Parliament of England, with whom this Nation wes lately engaged in a warr for defence of the League and Covenant and the ends therof, when the King wes in armes against both, and yet engadge in warre for the King whilst he refuseth to give satisfaction in that which concernes Religion and the Covenant, and will come no further at the vtmost than to leave the same arbitrarie. Shall the refusall of one and the same Desire be in the Parliament of England a cause of warre, and yet in the King not so much as ane impediment to assistance, even whilst we have just cause to fear that he will employ his power against the Cause and Covenant ? (2) Neither doe we find any answer to that part of our petition of the 18th which con- cerneth his Majesties negative voice, there expressed vnder the name of such power as may not onely bring the bygone pro- ceedings of both Kingdoms in the League and Covenant in question, but also for the tyme to come make void all the authority of Parliaments, though proceeding never so rightly in reference to Religion and liberties of the Kingdoms, which made ws desyre your Lordships might be farr from interessing your selfs in any thing that may put such a power in his Majesties hands. (3) We have received no answer to that part of the same petition wherin it was desired that if any within the three Kingdoms who doe not sweare and subscribe the Solemne League and Covenant rise in armes, your Lordships will hold them all for professed adversaries and malignants, and endeavour 478 PROCEEDINGS OF COMMISSION [25 april to suppresse them. (4) Nor find we any thing in your Lordships answers or Declaration in reference to that clause of our peti- tion, ' That your Lordships may let his Majesty and all others know that what yow intend on his behalf is with a subordina- tion to Religion and the security therof." 6 Some particulars in those tuo papers your Lordships are pleased to make answer vnto; And, first,to that which we desired concerning applications to be made to the Kings Majestie as well as to the Parliament of England for satisfaction in poynt of Religion, your Lordships answer, 'That the Parliament conceives the same way is now taken that hath been formerly,"' which we doe not vnderstand to be so, not having k no wen heretofore such a way of sending Demands of this nature to the Parliament of England, but that the Parliament of England were alwayes desired to concurre with this Kingdom in the sending of propositions to his Majestie. And whatsoever the Houses of Parliament have done in laying aside diverse of the Propositions concerning Religion formerly agreed vpon by both Kingdoms, yet we conceive 'tis still the duty of this Kingdome to insist with his Majesty vpon their just and lawdable desires for setling the Reformation and Vniformitie of Religion accord- ing to the Covenant, for the reasons already expressed in our petition ; And so much the rather becaus, after so many vnsatisfactory answers and messages from his Majestie, we doe not expect a right vnderstanding betueen his Majestie and his people,/till somewhat proceed from him towards a clear satisfac- tion of the just desires of his people, and especially in poynt of Religion. And althogh his Majestie be not presently in that condition as that he may make a perfect setlement of Religion, yet we know not why, even in the condition he now is in, there may not be applications made to him for obtaining from him security and assurance for the setling of Religion according to the Covenant. And wheras your Lordships, by that which followeth in your answer, let ws know that yow suspend your insisting for satisfaction from his Majesty in Religion, till he shalbe in such a conditione of freedome, honour, and safety as his concessions may be efFectuat, to passe the ambiguity which may be conceived in these last words, and what concessions are meant, whethfer] his Majesties future 25 April] OF GENERAL ASSEMBLY, 1648 479 concessions ar those already granted, we doe not thinke this delay saffe, neither can we know how long it may be. Withall, this clause gives some light to that part of your Lordships Declaration for his Majesties comeing with honour, freedome, and safety to some of his housses in or near London ; This honour, freedom, and safety being conceived by your Lordships to be such as may inable his Majesty to effect uatt his concessions concerning Religion, appeareth to ws to be no lesse than a restoring of his Majestie to the exercise of his royall power without security first had from him for setling Religion. 6 The secound part of your Lordships answer, we humbly con- ceive, doth rather con firme than satisfy our just complaints concerning resolutions taken by your Lordships in maters or Religion without the advise and consent of the Kirk. For when your Lordships say 4 That what is now declared by the Parliament in order to Religion is not vpon any new grounds, but in pursuance of the same grounds contained in the Covenant and in the Acts of the Generall Assemblie, yea, that in your Lordships Demand concerning Religion our advise was desired,' all this addeth to our just greivance intimating to ws that your Lordships interpret the Covenant and Acts of the Generall Assemblie otherwise then we doe ; For we cannot conceive how your Lordships Declaration agreeth with the grounds of the Covenant and Acts of the Generall Assemblie, but that it goeth vpon new grounds not contained in them. 'Tis true our advise was desired in that Demand concerning Religion, but 'tis also true that the Demand was resolved vpon by your Lordships before our advise was desired, and that the answere and advise returned from ws hath not found good acceptance, neither have your Lordships proceeded according to the same. And wheras your Lordships say 6 That as yow^have never hithertills taken anie resolutions in that which concernes Religion without advise from the Kirk (and here give instance in those particulars complained of by ws), so yow shall never doe any thing that may prejudice the just interest and liberty of the Kirk of Scotland,'' As we shall not call to mind all that is past, so that which is here expressed by your Lordships doth yet further add to our greivance ; For to paralell and proportion the measur 480 PROCEEDINGS OF COMMISSION [25 april which we may expect for the future with that which we have in these late passages received from your Lordships can not but leave ws vnder just fears and sad apprehensions. ' The thrid part of your Lordships answer is in reference to our Desire of being satisfied vpon the whole mater, where your Lordships againe referre ws to the Declaration as containing the grounds and resolutions of the Parliament on the whole matter. This we are not able to reconcile with that passage in the Declaration where your Lordships professe that yow are resolved not to ingage in any warre before the necessity and lawfulnesse tlierqf' be cleared, so as all who ar well affected may be satisfied therewith, and that reparation to such breaches or injuries as are or shall be condescended on shall be demanded in such a just and fitt way as shall be found most lawfull and expedient ; The one passage holdeth furth to ws satisfaction on the whole matter, the other holdeth ws still in suspence till the necessity and lawfulnes of the warre be cleared, and the way of demanding reparation resolved vpon. For that your Lordships are pleased to say in the end 'that it is clear by the Declaration that there is no thing there in which doth crosse the Demands concerning Religion, or is inconsistent with the security therof What reason we have to be of another judg- ment shall appeare to your Lordships in our other paper, which we are to present to your Lordships concerning the Declaration, vnto which we refer our selves concerning our sense of other particulars in the bussines not here expressed.'' The Comission appoynts Mr. James Nasmith to pray this day in Parliament. The nixt meeting afternoon. Edinburgh, 9.5 Aprilis 1648, post meridiem. Sederunt: — Ministers. —Mr. Robert Douglas, Moderatour. Mr. Samuell Ruth erf urd : Mr. Fredrick Carmichaell : Mr. John Neve: Mr. Patrik Gillaspie : Mr. Ephram Melvill : Mr. Hary Livistoun : Mr. William Penman: Mr. John Smith: Mr. George Lesly : Mr. Colin Adam: Mr. William Colvill : Mr. Hew Mackell : Mr. David Dickson : Mr. Robert Blair : Mr. James Guthrie : Doctor Colvill : Mr. George Hamiltoun : Mr. Alexander Mouncreiff : Mr. Andro Fairfull : Mr. James Hamilltoun : Mr. Evan Cameron : Mr. David Fletcher : Mr. J ohn Duncan : Mr. Alexander Livistoun : Mr. Andro Fleck. Elders. — Dundas : Sir James Stewart: JohnSempill: Lawrence Henderson. 25 April] OF GENERAL ASSEMBLY, 1648 481 The Moderator reported that the paper sent to the Parlia- Report from ment wes read, and all the answer given wes, That they had comitted it to the consideration of a Comittee, and after their report they wold tak it to their own consideration. The Comission of the Generall Assemblie having taken to Act concerning consideration the particulars in the charge concerning Mr. Ramsay^and Andro Ramsay his doctrine and prayer, found proven, to wit, [^Sxt^uar the 7 article, bearing that vpon the last day of March, preach- terly meeting ing on Daniel 9, v. 4, he said, 6 Now we have gotten the purity m May ' of Religion established amongst ws with the Kings consent, and for ought I know (said he) he lies consentit to establish it amongst our neighbours ; but I am suire he hes given promises quhen he comes to his power to settle it' : And the first part of the 8 article, bearing that, March 12, vpon the said text he spoke these words, ' This I say, that Presbyteriall Government being setled, wee should not abuse it, for as bishops wer a government but humain, so is Presbyteriall Government, altho I confesse it comes nearest to the Word of God, yet I say, let them not vsurp abone their power as bishops did, for it is but human, as I can prove."' And that part of the 10 article con- cerning his praying for the King, viz., after sermon praying for the King he said, 4 God forgive ws for what we have done to him ' : — Doe declare these particulars to be contrary to the Word of God, destructive to the Covenant and worke of Refor- mation, and sclanderous against the proceedings of this Kirk and Kingdom ; And also considering the poynt delivered by him concerning the dispensing with blood in caise of murther, given in to them by the Presbytery of Edinburgh, who had judged the same vnsound and vnseasonable, Doe approve of their judg- ments therin. And becaus he also lyes vnder the scandall of diverse other materiall poynts of malignancie, wherein it is needful to vse tryall, Therfore refers the tryall of these poynts, and the wholl proces concerning him, to the nixt quarterly meeting in Maij. The Comission appoynts Mr. Samuell Rutherfurd and Mr. George Hamiltoun to preach in Parliament the nixt Sabboth. The Comission appoynts Mr. David Dickson to pray the morne, and Mr. Fredrick Carmichaell vpon Thursday, in Par- liament. 2 H 482 PROCEEDINGS OF COMMISSION [25 April Thanks to Provinceof Anguse. Lettei from Province of Angus. Letter from the Province of Angus, produced by Mr. Andro Fleck and Mr. D. Cambell, wes redd, together with a petition from that Province to the Parliament, which the Commission very gladly and heartily thanked God for, And therfor appoynts Messrs. David Fletcher, Colin Adam, and John Neve, to assist the brethren at the presenting of it to the Parliament. Tenor of the letter folio wes : — 6 Reverend and worthie brethren, — Wee wer not a litle conforted by the cuming of your last to our hands, which is esteimit of ws in these sad tymes a meane contributing much for our refreshing ; and so long as it shall please our Lord to blisse ws with this mutuall comunication, we will hold it as a token that God hes not cast off all delight in ws, and may yet receeave a free offering from our hands. Wee find it lyand vpon ws to represent to yow what we owe to God on your behalf for your fervent zeale to God and his treuth, your vnwearied paines and labour of love for the worke of God and good of his people, wherof ye have given many and singuler proofis ; And amidst many mae we cannot but give to the last emitted by yow to this whole Kirk and Kingdome its well deserved roome amongst the chiefest, even to that most neces- sary and withall most seasonable Declaration, the sensible good of which, and that in due tyme, all those will acknowledge, and we among their number, who wer sensible of the great thick mist, that was vpon the face of bussines, by its meane dis- pellit ; And does so heartily blesse God for it, and your paines taken in emitting of it, that we have begune already to try and have recomendit to our severall Presbyteries to try every- thing in our selves or others within our compasse that shall in the meanest way rubb vpon it, and have ordered an account to be made according to your desire. 6 And we cannot but find our selves bound to blesse God for your prudence in delaying to give your judgment in a matter of such consequence concerning the state of a question for warre, vntill ye shall vnderstand the whole complext bussines, and that we esteame it not amongs the least of the goodnes of our God to ws, that yow preferre still to let ws have informa- tion from yow in our severall Presbyteries concerning publict affaires, and ye may expect to be tymously acquainted by ws with anything that neids publict advyse. 25 APRIL] OF GENERAL ASSEMBLY, 1648 483 4 And we, by the help of our God, according to his good hand vpon ws, joyne with yow in seriously looking vpon the cause of the Lords wrath against the land, and will more narrowlie search into the sinnes of it vntill they shall be found out, and bring a catalogue of them with our best over- tures for remedie (as we have begunne at this our meeting to condescend vpon one which is a ringleading sinne — hie profana- tioun of the Sabboth, and have found some good help against the same), and appoynted a solemne humiliation within our bounds for all the abominations done in the land. Wee cannot bot regrate with yow that some of our number, who ar members of your venerable meeting, have ether not keept with yow at all in such a tyme when things that have so neere concern- ment to Religion have been agitat, or have with drawen them selves so soone, and have expostulat with our brethren for it, and taken them promisit for better keeping in tyme to come. ' Wee have been examining who they be amongst ws that converse with excomunicat persons, and cannot but regrate to yow that whill we have been doeing, and still ar doeing, our best against this evill, we find our labour lossit, and that sentence which should be a terrour to wicked men, is now rendered voyde and contemptible in regard of the civill magistrat his wanting in his part ; And particularlie against on John Ogilvie, now tuentie yeirs excomunicat, a great perverter of Gods people, living in the Presbytery of Meegill, whilk we intreat yow seriously to represent to the Parliament. Wee have receaved Mr. Zacharie Boyd his travaills, sent to ws be yow, and are to revise them and prepare a report to the Assembly. We have also caused our Clerk deliver a coppie to our severall Presbitries of your letter. Thus dayly putting vp for yow to the throne of grace, that God would confort and establish your hearts, and creat his clud over your assembly, we rest 4 Your affectionat brethren in our Lord, 4 The Provinciall Assemblie of Angus and Mearnis. Sic Subscribitur, Mr. Androw Auchinleck, Moderator, Aberbrothick, in name °f the Assembly, the day of Mr. R. Malcolm, Clerk? Aprill 1648. 484 PROCEEDINGS OF COMMISSION [26 april Comittee ap- poynted for considering Parliaments papers to meet. The Comission appoynts the Comittee named vpon the 21 of Aprill, for considering the papers presented from the Parlia- ment, to meet presently, and to consider what is further to be done, and adds to that Comittee Messrs. Robert Blair, Samuell Rutherfurd, and Andro Affleck, and John Semple ; And refers also to that Comittee to consider of the motion of printing some sermons preached in this towne at this tyme, wherby it is conceived good information might be given to the people, and to report their opinions. The nixt meeting the morne at 10 houres. Commissioner from Irland. Edinburgh, 26 Aprilis 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson : Mr. John Bell: Mr. Samuell Rutherfurd : Mr. David Fletcher: Mr. George Lesly : Mr. Hew Mackell : Mr. Fredrick Carmichell : Mr. Ephram Melvill :" Mr. David Dickson : Mr. Robert Blair : Mr. Robert Baillie : Mr. John Smith : Mr. Alexander Muncreiff : Mr. Evan Cameron : Mr. John Duncan : Mr. George Duncan : Mr. Andro Affleck. Elders. — Dundas : Sir James Stewart : John Semple : Lawrence Henderson. The Comission desires Mr. Hew Mackall to preach for Mr. George Gillaspie vpon the Sabboth, and Mr. Robert Blair vpon Mononday, in respect of his present distraction in pre- paring an answer to the Parliaments Declaration. This day Mr. William Cunyngham having reported that he had some instructions from the Presbyterie of Carrickfergus to communicat to this meeting, Therefore the Comission appoynts the Comittee appoynted for preparing an answer to the Parlia- ments Declaration to hear any instructions he hes, and to report. The nixt meeting of the Comission at 4 houres afternoon. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Samuell Rutherfurd : Mr. David Fletcher : Mr. Andro Affleck : Mr. Evan Cameron : Mr. George Hamiltoun : Mr. Patrik Gillaspie : Mr. Ephram Melvill: Mr. John Duncan: Mr. Alexander Muncreiff: Mr. Robert Blair: Mr. Andro Fairfoull : Mr. George Lesly: Mr. John Bell: Mr. John Neve : Mr. James Hamiltoun : Mr. James Nasmith : Mr. Fredrick Carmichaell : Mr. Colin Adam: Mr. John Smith. Elders. — Dundas: Findawrie : Lawrence Henderson : John Semple. The Commision thinks fitt to dissolve at this tyme, that the Comittee for preparing an answer to the Parliaments Declara- 27 APRIL] OF GENERAL ASSEMBLY, 1648 485 tion may meet presently, and the nixt meeting of the Comis- sion to be the morne at 10 houres. The Comission appoynts Mr. Andro Affleck to pray the morne in Parliament, and Mr. Fredrick Carmichaell. Edinburgh, 27 Aprilis 1648. Sederunt vt supra. The Comission continues their meeting vntill the morne at 10 houres. Edinburgh, 28 Aprilis 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Ephram Melvill : Mr. David Dickson : Mr. Francis Aird : Mr. Evan Cameron : Mr. John Smith: Mr. John Neve: Mr. John Adamson : Mr. David Fletcher : Mr. Zachary Boyd : Mr. Patrick Gillaspie : Mr. Samuell Rutherfurd : Mr. Hew Mackall : Mr. George Lesly : Mr. Colin Adam : Mr. Fredrick Carmichell : Mr. Andro Fairfoull : Mr. Mungo Law. Elders. — Dundas : Findawrie : Sir William Scott, younger : Newtoun : John Semple : John Mill. The Comission thinks fitt that there be a fast through all a Fast, the kirks of this Kingdome vpon the last Sabboth of May nixt. The Comission, having considered a letter drawen to give information to Presbyteries of the estat of the bussines here, doe approve therof, and appoynts in the postscript to add the indiction of the Fast. Tenor of the letter followes : — 4 Reverend brethren, — In our letter of the last of Merch to Letter to the Synods, which we suppose all of yow have seen and pervsed, Presb y tenes - we did acquaint yow with our Desires given in to the honorabill Estates of Parliament about that tyme, and since, after some conferences had and some papers interchanged betuixt their Lordships and ws vpon these Desyres, whilst we have receaved no satisfactione therto, they wer pleased to fall vpon the con- sideration of the breaches of the Treatie and Covenant, and have resolved to send Demands vnto the Parliament of England for reparation therin. On of these Demands concerning Reli- gion, having first voted the same before our advyse and consent was sought theranent, they did therafter comunicat vnto ws that we might returne our thoughts thervpon. In answer to which, after some insinuation of their laying aside of their former way of applicatione, both to the King and the Parlia- ment of England, and of their incroching vpon the liberties 486 PROCEEDINGS OF COMMISSION [28 APRIL of the Kirk by their taking resolutione in that which con- cerned Religion without ws, and conceaving the Demand (in caice it should be refused) to be intended as a ground of warre, we delayed to give any judgment therof vntill our former Desires should be first satisfied, and withall intreated that their Lordships would be pleased to comunicat vnto ws their resolu- tions vpon the whole matter, that we might sie that all things wer so caried on as would contribute for secureing of Religion and preserving of the Vnion betuixt the Kingdoms; And therafter did present vnto thair Lordships ane humble and earnest peti- tion pressing an answer to our former Desires, and containing an exoneration of our selves and of the Kirk of Scotland if they should refuse to hearken thervnto ; which their Lordships having considered did after some dayes comunicat vnto ws a Declara- tion containing the grounds and resolutions of the Parliament vpon the whole matter, togither with an other paper which referreth ws to the Declaration for satisfaction to our eight Desires, and containeth their answer to the other particulars which we had added in our petition and in our answer vpon the Demand concerning Religion, and intimateth to ws that in those things in their Declaratioun which concerne Religion they will be ready to hear and consider the advise of the Comission of the Kirk. But, after pervsall of the Declaratioune and of their other papers, we ar farr from finding satisfactione to our first Desires or to the other particulars afterwards given in by ws to their Lordships ; which, as we have already in part by a paper of the 25 of this instant, so we resolve in a very short tyme more fully to represent to their Lordships ; And conceaving the liberty of the Kirk to be very farr prejudiced by the Parlia- ments proceeding to determine in these things which so nearly and highly concerne Religion, without the advise and consent of the Kirk (many considerable members of Parliament, who have been of constant integritie to the cause of God, in open Parliament dissenting therfrom, and protesting against the same for the liberties of the Kirk), we found our selves neces- sitat to protest for the preservation of the liberties of the Kirk, according to the Word of God, Solemne Covenants, former lawes, and lawdable customes of this Kirk and Kingdome, and that this Act of the Parliament be no preparative for the 28 APRIL] OF GENERAL ASSEMBLY, 1648 487 future, and that it shall be yet free vnto ws, according vnto the duty of our place and as ther shall be cause, to give our judg- ment in an ecclesiasticall way of the materialls of the said Declaration so farr as Religion is therm concerned, as freely as their Lordships had taken no resolution thervpon. But we hope in a short tyme to give vow a more full and perfyte infor- mation of all things by sending the papers them selves, and therfore should now have been silent, wer it not that we ar not ignorant of the devyces of malignant and disaffected men, who doe indevour no thing more diligently then (if it be possible) by subtile words and faire speaches on the one side, and slandrous and false reports on the other, to gaine some of the ministrie to be subservient to their designes against the Kirk and Cause of God, knowing that by this meanes especially it was that the libertie of this Kirk was betrayed, the pure ordinances of Chryst corrupted of before. 4 These things we speake not as if we wer affrayed of any of yow, our dear brethren ; We hope that after so many teares and tentatiounes, so many prayers and supplications, so great power of the Lords hand in dely vering ws from so great a yoake of bondage, and after so many vowes and promises, every minister of Chryst throughout the land will abhorr to be accessorie to any thing that may promove the purposes of those who study to vndermyne the work of God. Nay, these many letters to our selves, and supplications to the Parliament from many Synods and Presbyteries, as they ar vnto ws mater of much re- freshment in the midst of many difficulties and straites, wherewith God is pleased to exercise ws, so we take them for evidences of the steadfastnesse of those from whom they have come ; And, albeit all have not had the opportunitie to expresse themselves that way, yet we make no question of their constancie, and that they will be readie to witnesse their affectione to the Cause of God as they shall sie neid. But as fellow-labourers who are imployed with yow in the same work of the Lord we give yow warneing of the danger, and stir yow vp as to be earnest with God in prayer and supplicatione for your owne stedfastnesse, so to give faithfull and tymeous warning vnto all with whom ye have to doe, against all the snares and temptations of these times, and that ye may now so cary yourselves in all things that 488 PROCEEDINGS OF COMMISSION [28 APRIL Postscript. Petition from Drumfreise. when the Lord shall be pleased to bring his servants togither in a Generall Assembly, all of them may cum hither furnished with the spirit of integritie, vnitie, and zeale, that so the boasting adversaries may be put to silence, and their hopes blasted when they shall sie ws to be of on mynd, and hear ws speake the same things for carieing on the work of the Gospell, and obviating every danger which threatnes the same at home or from abroad, which, as we trust, will be the endevour of all Presbyteries, so it is the earnest desire and prayer of 4 Your affectionat brethren, Edinburgh, The CoMISSIONEES the 27 ofAprile 1648. of the Gexerall Assembly." 6 Postscript in the other side. 'It is evident from the premises how great and many difficul- ties the Kirk of God in this land is brought vnder by reasone of the sinnes and provocationes of his people, and how deip revolting from the Cause of God many are come to, and what cause we have to fear the overturning of all that God lies done for ws : Therfor we have resolved that ther should be a fast keiped in all the congregations of this land the last Sabboth of Maij, for intreating the Lord for help and mercie in this day of our great need, which we desire yow to keip in all your severall congregationes. We doubt not yow will be myndfull that such of our 1 members as ar of this Comission keip the nixt quarterly meeting the last Wednesday of Maij." This day a petition from the Province of Drumfreis, pre- sented to the Parliament by Mr. Alexander Smith, Mr Alex- ander Drumgrie, being read, Messrs. Zacharie Boyd, Colin Adam, John Nevey, Ephram Melvill, and John Mill desired to accompany the said Mr. Alexander in presenting it to the Parliament. Eodem die, post meridiem. Sederunt : — Ministers. — Mr. Robert Douglas^ Moderatour. Mr. Samuell Rutherfurd : Mr. John Bell : Mr. Mungo Law : Mr. George Lesly : Mr. Francis Aird : Mr. Ephram Melvill : Mr. James Nasmith : Mr. James Hamiltoun : Mr. John Adamson : Mr. Andro Auchinleck : Mr. David Dickson : Mr. Hew Mackall : Mr. Colin Adam : Mr. John Smith : Mr. John Nevey : Mr. Patrik Gillaspie : Mr. Evan Cameron : 1 Sic, for your. 28 april] OF GENERAL ASSEMBLY, 1648 489 Mr. James Guthrie : Mr. Robert Blair : Mr. George Gillaspie : Mr. Zachary Boyd. Elders. — Dundas : Findawrie : Sir James Stewart : George Porterfeild : John Semple : John Mill : Sir William Scott : Newtoun. The Comission approves vnanimously the answer to the Parliaments Declaration, entitulated a Representation, and appoynts Messrs. Robert Blair, Samuell Rutherfurd, John Smith, George Lesly, Robert Baillie, John Adamson, Mungo Law, James Hamiltoun, Zacharie Boyd, James Guthrie, Ewan Cameron, Findawrie, Libbertoun, Sir James Stewart, Lawrence Henderson, with the Moderatour, to present it to the Parliament. Tenor of the Representation 1 followes : — 4 The Humble Representation of the Comission of the Generall Assembly To the honorable Estates of Parliament, vpon their Declaration lately communicate to ws. 6 Edinburgh, 28 Aprile 1648. ' Seing your Lordships have been pleased in your answer to ws The Humble of the twentie of this moneth to remitt ws to your Declaration to ^^fp^. n the Kingdome for satisfaction to our eight Desires formerly pre- liaments Decla- sented to your Lordships, as likewayes to our other Desire con- ratlon- cerning applicationes to be made to the King as well as to the Parliament of England ; and seing your Lordships in the same paper answering our Desire to be satisfied in the whole matter, wer pleased againe to remitt ws to the Declaration as containing the grounds and resolutions of the Parliament on the whole matter, Wee have therefore taken to our serious consideration your Lordships Declaration to looke after satisfactorie answers to these our Desires, and to be satisfied on the whole matter ; But in stead thereof, our feares and dissatisfactions are not a little increased by your Lordships Declaration. Wee shall not search into some par- ticulars in matter of fact mentioned in the narrative part, neither shall we be curious after the reason why in so large a Declaration concerning publict dangers, duties, and remedies, ther is no ex- pression for preserving Monarchicall Government in his Majesties posteritie as well as in his own person. 1 Published separately with the title The Humble Representation of the Com- mission of the Generall Assembly, To the Honourable Estates of Parliament upon their Declaration lately communicate to us. Edinburgh, 28 Aprile 1648. Printed at London by Edward Griffen for J. R. . . . 1648. 490 PROCEEDINGS OF COMMISSION [28 april ' To the preface we shall only say this much, that we could have wished your Lordships had been pleased to expresse your selves more plainly who are those obstructers and traducers of your Lordships proceedings, those deceivers and abusers of the people, which your Lordships (we suppose) point at in reference to this Kingdome, the Declaration being intended for the subjects of this Kingdome, whom your Lordships call the abused people. If your Lordships meaning be that the people are abused by the lies and calumnies of Malignants, how cumes it that so much favour and forbearance is granted to such men ? If any others then the Malignant party in the Kingdome be meant, we should be glad they were made known. ' In the first part of the narrative concerning the necessity, occasion, and consequence of the conjunction of both Kingdoms, we cannot but take notice of that which your Lordships say of those common enemies by whose counsells and practises the com- posing of differences in the begining was hindered, and what evils this kingdome might have expected, if these counsels and advices which gave first life and motion to these dissentions should have been still prevalent. Wee desire it may not be forgotten who were these common enemies, and whose counsell it was that did prevaile about his Majestie in the begining of these troubles, and whether there ought not to be a jealous and watchfull eye over any such, if, even after their joyning in the Covenant, they be found in a way of compliance with known Malignants, and in a way of opposition to such as have been most active and zealous in the Cause from the begining. ' Your Lordships adde " that in the pursuance of the Covenant this Kingdome joyned in armes with their brethren in England, and did prosecute these ends till their common enemies were subdued, and most of them brought to such condigne punishment as the respective Parliaments thought fitt." Wee shall heere passe your Lordships omitting of the Treaty between the Kingdomes, which may be thought to have had a neer and immediat influence in reference to the conjunction of these Kingdomes in arms, although the Covenant was the cheife foundation therof. But wheras your Lordships seem to intimat that the cloud of Malig- nancie was then sufficiently dissipat, or at least that the Covenant was sufficiently performed in bringing delinquents to such condigne punishment as the respective Parliaments thought fit, Wee are sory that we have cause to remember what forbearance, yea favour 28 April] OF GENERAL ASSEMBLY, 1648 491 and friendship, hath been granted to many such ; and wee are so farr from thinking the danger from these former comon enemies past and gone, that we still sie Malignancie vpon the on hand as Sectarisme vpon the other, springing vp like roots of bitternesse to trouble, yea to defile many in these Kingdomes. These are the homes which yet push Judah and Jerusalem on both sides. The Lord prepare such carpenters as may cut off both the one and the other. ' As for the breaches of Covenant which your Lordships insist vpon in the following part of your narrative, we wish your Lord- ships to remember a passage in the Declaration of the Generall Assemblie, and how cautiously they speak of the breach of Cove- nant in England. The words are these : — " Wee would not be understood as if wee meant either to justifie this Nation, or to charge such a sin vpon all in that Nation. We know the Covenant hath been in diverse particulars broken by many in both Kingdoms (The Lord pardon it and accept a sacrifice), and we doe not doubt but there are many seven thousands in England who have not only kept themselves unspotted and retained their integritie in that bussinesse," etc. That the Covenant hath been foully and shame- fully broken by as many of the prevalent party of Sectaries and their adherents as ever took the Covenant is clear and vndeny- able, and by their meanes hath come the resisting and hindering of Reformation, connivance at heresie and schisme, and other things contrary to the Covenant. But it can as litle be doubted of, that there are dangerous breaches of Covenant by Malignants both at home and abroad ; and your Lordships know true zeale against breach of Covenant should strike equally on both hands, begining to reform e at home. Your Lordships say well " that the not takers of the Covenant are by the joynt Declaration of both Kingdoms de- clared to be publict enemies to Religion and Countrey, and are to be punished as professed adversaries and Malignants." But we wish your Lordships may not forgett to apply that passage of the said Declaration to those who have not at this day taken the Covenant in England, and that therefore they may be lookt vpon by your Lordships as comon enemies, which ought to be suppressed and punished. ' The laying aside of the Covenant out of the new Propositions sent to his Majesty to the Isle of Wight we vtterly dissapprove, and are heartily sory for it : But we wish there had not been some guiltinesse of this same kind at home, when it was carried in 492 PROCEEDINGS OF COMMISSION [28 APRIL the Comittee of Estates that there should be no mention of the Covenant in the publick Desires sent vp in August last to his Majesty. And whereas your Lordships doe enumerat amongst these breaches of Covenant, "that they who ought to be brought to try all and condign e punishment for hindering the Reformation of Religion, dividing the King from his people, or on of the Kingdoms from another, or making any faction or party among the people, contrary to the League and Covenant, have been protected and assisted ; " Wee shall heer only desire your Lordships to remember, that all this is true of Malignants as well as of Sectaries, and for our part (whatsoever liberty there be in the manner or circum- stances) we doe not doubt but the thing itself is necessary, both by the Word of God and Solemne Covenant, viz., That justice be done, and condigne punishments inflicted on all hinderers of Reformation and Peace, and all who make factione contrary to the Covenant, whether they be Sectaries or Malignants. But if it was sufficient that the most part of the Malignants were brought to such condigne punishment as the respective Parliaments thought fit, which your Lordships gave ws a touch of in the precedent part of your narrative, we leave it to your Lordships consideration whether you doe not hereby furnish such a retortion to those that favour the Sectaries in England, as that they may plead from that principle in your Lordships Declaration that the punishment of Sectaries is to be referred simplie to the Parliament of England, as they think fit, and that your Lordships must allow them the same latitude of favour toward the Sectaries as before yow have allowed both to your selves and them towards the Malignants. Your Lordships adde another breach of Covenant, "that instead of a firme Vnion and Peace between the Kingdomes a breach hath been endeavoured," which cannot be denyed to be a breach of Covenant, and therefore a rock to be the more carefully avoided. It is our grief that there is also cause to complain of the Malignant party at home as no lesse guilty of endeavouring a breach betueen the Kingdomes. ' The at temps, injuries, and violences of that party of Sectaries against his Majesties Royall Person, and the hard condition he is reduced vnto by their meanes we are very sensible of, and, as we have often before professed, our prayers and endeavours, according to our place and calling, have not been, neither shall be wanting for the preservation of his Majesties Person and Authority in the preservation of the true Religion and liberties of the Kingdomes. 28 APRIL] OF GENERAL ASSEMBLY, 1648 493 And we leave it to be pondered by your Lordships whether they that obstruct and hinder the requiring of satisfaction and security from his Majestie in point of Religion before his restitution to the exercise of his royall power do not vpon the matter, and by conse- quence obstruct and hinder his Majesties deliverance and restitu- tion, wherof such security and assurance had from his Majestie might be a powerfull and effectuall means. ' As we know not whom your Lordships mean when yow speak of such as had warrand from the Parliament of this Kingdome for accesse to his Majestie and yet were debarred, and as no violence nor injurie offered to a publick minister of another Kingdome can be excused, so we are informed, that the souldiers act in removing once the Earle of Lauderdale from Wooburn was not only dis- dained, but his Lordship often thereafter permitted free accesse of his Majestie. ' Your Lordships insist vpon three instances of the breach of Treaties ; one of the Large Treaty, and two other breaches of the Treaty 1643. As to the first, which for orders sake we begin at, wee can not say that it holds forth any convincing clearnes to ws, yea, so farr as we vnderstand, the thing, wherevnto the Kingdom of England was bound by the Treaty, was not insisted vpon by the Comissioners of this Kingdom at London, but an alternative for an assistance against the rebells by forces or moneys : After which the Parliament of this Kingdome made a desire of assistance by moneyes, which the Parliament of England promised to take into their consideration. And seing your Lordships in this same Declaration wave breaches of Treaty in money matters even where the money wes due by Treaty, wee hope your Lordships will find it the more inexpedient to insist vpon the not obtaining of that assistance by moneyes against the rebels, being a way not provided by the Treaty. c Concerning the other tuo breaches which pitch vpon the Treaty l6'43 : First, your Lordships say that according to the first article of that Treaty the Covenant should have been taken by both Kingdomes, but that now by the prevalent party of Sectaries and their adherents it is not only laid aside in the new Proposi- tions, and no execution of publick orders for taking it throughout the countrey, but many in places of trust have never taken it, neither are vrged to take it. Certainly such slighting of the Covenant is a great sin against God, and a high contempt of the Covenant ; and it is very fitt that this Kingdome should desire the 494 PROCEEDINGS OF COMMISSION [28 april Parliament of England to presse it not only vpon persons of trust, but vniversally on all the subjects of that Kingdom e. Yet we are not convinced of any just grounds of war against that Kingdome in that which hath been instanced by your Lordships, especially considering that the Covenant was taken by the representatives and other chief corporations in England, wherin both the Generall Assemblie and the Parliament of this Kingdome have frequently mentioned in their Acts, letters, and Declarations, the vnion and conjunctione of both Kingdomes by solemne Covenant. Neither are we without hopes, if things be carried on in a fair and right way, that the Kingdome of England may be brought a further length in the performance of this duty ; Wherof we are the more confident, becaus of the famous and frequent testimonies given to the Covenant and against the errors of the time by the ministry in diverse provinces in England. As for the last breach which your Lordships conceive to be against the eight article of the same Treaty 1643, wee heartily wish that the joynt way of appli- cations to the King by both Kingdomes once begun, had been continued, and do conceive very much prejudice to the Cause by the divided way. Only we offer it to your Lordships further consideration whither this breach be not at least disputable, there being no mention at all in that article of Proposalls, Propositions, < or Bills, but only of cessation, pacification, and agreement for peace. So that it may justly be doubted whether the sending of those Proposalls and Bills to the King, without the consent of this Kingdome, hath in it that certainty and clearnes of a breach of Treaty betueen the Kingdomes as may be a ground of war. And if it be a breach of the Treaty for either Kingdome singly and dividedly to send propositions to his Majestie, we shall crave leave that we may desire to be informed how this consisteth with that latitude which your Lordships leave afterwards in this same Declaration, in the maner of presenting Bills or Acts of Parlia- ment to the King. For your Lordships desire " assurance of his Majestie to agree to such Acts or Bills as shall be presented to him by his Parliaments of both or either Kingdomes respective." We might also insist vpon some papers and propositions presented to his Majestie from this Kingdome at Newcastle, and much more vpon the pacification concluded there with his Majestie in refer- ence to the disbanding and removing of the rebells in this King- dome, and that in a single way (as we conceive), without the knowledge and concurrance of the Parliament of England. 28 APRIL] OF GENERAL ASSEMBLY, 1648 495 ' But we shall come to that which your Lordships make the result vpon all these breaches of Covenant and Treaties, viz., " That they call vpon your Lordships to a duty to God, your King, and countrey, and to your oppressed brethren in England/' which your Lordships speake more plainly in the next clause, giving ws to vnderstand that those differences or breaches are such as, if not repared by amicable endeavours, may otherwise necessitat this Kingdome to engadge in a war, but that first your Lordships intend to send the three Desires (next mentioned in the Declara- tion) to the Parliament of England. And this is all the satisfac- tion we find to our second Desire, which was " that according to the Treaties it may be condescended vpon and declared by the Parlia- ment, what are those breaches of peace which they take to be a ground of war, and that reparation therof may be sought." But as we see no breach of peace instanced in the Declaration, and as the three breaches of Treaties insisted vpon by your Lordships seem to be at least debatable, so we hear no thing of any resolution of Parliament that such breaches as are or shall be condescended vpon by your Lordships, shall be made knowne and sent to the Parliament of England, as we expected, and they have desired by their Comissioners here ; Only we hear of three Desires to be sent to the Parliament of England for Religion, his Majestie, and the good and peace of these Kingdomes. We conceive 'tis the best and most justifiable way of proceeding that publick as well as privat injuries be declared and made knowne to these whom it concerneth to give satisfaction therein. Besides all this, we fear your Lordships will hardly avoid a nationall quarrell against the Parliament of England, if the three instances before mentioned be insisted vpon as breaches of Treaty to inferre a war ; because when the Houses wer most free, and when there was no such overawing influence of the Sectaries party, even then they did not suppresse the Irishes in this kingdome ; they did not enforce the Covenant on all their officers, much lesse on all English subjects, neither would they then admitt that they wer obleiged by Treaty not to send Propositions or Bills to the King without the concurrance of this Kingdome. { In all this we have said, it is far from our meaning to assume any judgment of the Treaties betueen the Kingdomes ; Only because your Lordships have remitted ws to the Declaration for satisfaction to our consciences as in other particulars, so in this of the breaches, we have humbly represented to your Lordships 496 PROCEEDINGS OF COMMISSION [28 APRIL wherin we are not clear and satisfied in our consciences to consent and concurre for our part vpon such grounds. And with all seing it is not only our desire as messengers of peace, but your Lord- ships professed resolution in this Declaration, " that yow will assay all brotherly and amicable wayes for repareing differences and making vp breaches/' we recomend it to your Lordships serious thoughts, whether it will not be most agreeable to that brotherly way of proceeding betueen tuo Kingdoms, in Covenant together, to desire a Treaty with the Parliament of England concerning the breaches and demands mentioned in this your Declaration, especi- ally seeing the way of Treaty was the way thought fitt to be vsed in the years 1639 and 1646 1 , before the Kingdomes wer joyned in Covenant. How much more now, being so conjoined, are all possible and lawfull wayes to be tried for preventing the effusion of more blood. ' In your Lordships first Demand, which concerneth Religion, there are some things wherwith we can not in our consciences be satisfied, as, namely, 1. Because the first tuo particulars therin contained, viz., concerning the taking of the Covenant and prac- tiseing of the Directory of Worship, are pressed only vpon subjects, which may be interpret as tending to exempt the Kings Majestie not only from taking the Covenant (which yet was laudably desired in the Propositions of both Kingdoms), but from having the Directory of Worship practised in his family, which was a liberty that his Majesty reserved to himself in his late concessions sent to ws, and in diverse messages sent before to the Houses of Parliament at Westminster. 2. We find no thing in this Demand of any application to be made at or about the same time to the King for obtaining assurance from his Majesty for his royall con- sent. But of this we have expressed our selves more fully in answer to your Lordships paper of the tuentieth of this month. 3. Although this is the second time your Lordships cite in this Declaration a passage of the joynt Declaration of both Kingdoms, by which all that would not take the Covenant wer declared to be publick enemies to their Religion and countrey, and that they are to be censured and punished as professed adversaries and Maligna nts, yet we find no such thing declared or resolved by your Lordships in this Declaration in reference to those who have not to this day taken the Covenant, as that yow will hold them all for professed adversaries and Malignants. Wee hope your Lord- 1 Sic, for 1640, as printed in 4to edition of 1648. 28 APRIL] OF GENERAL ASSEMBLY, 1648 497 ships will not thinke it just nor equall to presse such a rule vpon the Parliament of England, except your Lordships be pleased to walk according to that rule yourselves. 4. Your Lordships doe simply and absolutely desire " that the Confession of Faith trans- mitted from the Assembly of Divines at Westminster to the Houses be approven;" Whereas the Act of the last Generall Assemblie, approving that Confession of Faith, hath in it some necessary cautions, provisoes, and explanations 1 which, as the Generall Assembly judged necessary to be added in their Act, so we doe not thinke that part of your Lordships Demand as it stands without any such caution to be safe enough, which among other things shewes the danger and inconvenience of your Lordships taking resolutions in things concerning Religion without our advise and consent. 5. As we desire that Reformation of and Vniformity in Religion may be endeavoured by your Lordships in all fair, lawfull, and brotherly wayes, according to the Covenant, and heartily approve any such desire as your Lordships shall send to the Parliament of England by the advise and consent of this Kirk, for injoyning the Covenant and for bringing the Churches of Christ in the three Kingdoms to the nearest conjunction and vniformity in on Confession of Faith, Directory of Worship, and Presbyteriall Government, so we would be very cautious and tender when such desires are turned into causes of war, if not obtained, which is the present case, as we vnderstand by your Lord- ships expression in the precedent paragraphe. ' Your Lordships second Demand is, " That the Kings Majestie may come to some of his houses in or near London with honour, freedome, and safety ; that applications may be made to him by Parliaments of both Kingclomes for attaining 2 his royall assent to such desires as shall be by them presented to him for establishing Religion as is abone 3 exprest, and setling a well-grounded peace." e This Demand we conceive to be of dangerous consequence to Religion and the Covenant, for the reasons and consideratiouns following, which we humbly offer to be considered by your Lord- ships. 1. All applications and desires to his Majesty for Religion 1 The provisoes were, ' that the not mentioning in this Confession the several sorts of ecclesiastical Officers and Assemblies shall be no prejudice to the truth of Christ in these particulars,' and that certain parts of Chapter xxxii. sect. 2, respecting the power of summoning Synods, were to be understood as applying only to Churches not fully settled or constituted. The Act is generally prefixed to Scotch editions of the Westminster Confession of Faith. 2 obtaining at p. 468. 3 above in 4to print. Q , 498 PROCEEDINGS OF COMMISSION [28 april are suspended till he come with honour, freedome, and safety to some of his houses in or near London. We know not what length of tyme this may draw to, or how much danger there may be in the delay. 2. The establishing of Religion here mentioned, as that which your Lordships intend to desire of his Majestie, is according to that which is abone expressed, where we doubt not your Lordships referre to your first Demand which went before ; whereas the establishing of Religion in such a manner as is there expressed, we doe not think safe for the reasons before given. We conceive that this second Demand amounts to no lesse then the restitution of his Majestie to the exercise of his royall power before applications made and desires presented to him, much more before assurance and security had from him for the setling of Religion in the right maner and according to the Covenant. For, besides what we have expressed in our last paper, presented to your Lordships, that this honour, freedom e, and safety is conceived by your Lordships to be such as may enable his Majestie to effectuat his concessions concerning Religion, (and what is that lesse then the exercise of his royall power restored ?) this we further adde, that we humbly conceive his Majesties honour may comprehend, or may be made vse of as comprehending, not only the possession of his revenews, but also the exercise of his royall government. Next, being in freedome, he may repare to any of his dominions in Scotland, England, or Ireland ; and lastly, being restored to be in a condition of safety, he may provide forces for guarding him- self against all apprehended dangers, for if guards should be set about him by his Parliament, it will be said to be contrary to the condition of freedome; So that being restored to some of his houses in or near London with honour, freedome, and safety, we do not conceive what he shall want of the exercise of his royall power ; considering withall that neither himself, nor any others, will conceive the honour, freedome, and safety to be kingly, and such as becomes his royall Person, if he shall want the exercise of his royall power. Yet this restitution of his Majestie to the exercise of his royall power before security had from him for settling Religion, your Lordships know by our eight Desires and otherwayes, is conceived by ws to be inconsistent with the safety and security of Religion. 4. If his Majestie wer once come with honour, freedome, and safety to some of his houses in or near London, we know not what influences he may have vpon the Houses of Parliament to obstruct and hinder their presenting of 28 APRIL] OF GENERAL ASSEMBLY, 1648 499 Bills to him for enjoining the Covenant, abolishing Prelacy and the Book of Comon Prayer, establishing the Confession of Faith, Directory of Worship, and Presbyteriall Government ; or what strength his Majestie so restored may againe attaine by the assist- ance of the Popish, Prelaticall, and Malignant party, for a new and bloody war, to the devastation of these Kingdomes, and the mine of our Religion and liberties ; Which things we have the more cause to feare and apprehend, his Majestie having declared and professed that he is oblieged in conscience to emprove all the power which God shall put in his hands for the establishment of Episcopacy. 5. To insist vpon the bringing of his Majestie to some of his houses in or near London, before satisfaction and security had from him in point of Religion, and in such other things as are necessary for the safety of the Kingdoms, could not, as we conceive, but be an exceeding great discouragement and offence to the Presbyterians in England, who will conceive (if such a thing be pressed vpon them) that the remedy propounded in your Demand is worse then the desease. And we have also heard that the Parliament of England, when they were as free as ever they were, would never agree to his Majesties comming to London with honour, freedome, and safety, without security first had from him in such things as are necessar for Religion and the safety of the Kingdome. 6. Seing your Lordships are oblieged by the thrid article of the Covenant, to defend his Majesties Person and Autho- rity in the preservation and defence of the true Religion and liberties of the Kingdomes, we conceive your Lordships should not demand from nor presse vpon the Kingdome of England his Majesties restitution with honour, freedome, and safety, except with that qualification in the Covenant, and with a subordination to Religion and the liberties of the Kingdomes. And how can this subordination according to the Covenant be said to be observed in your Lordships Demand as it stands ? For if his Majesty be brought to some of his houses in or near London with honour, freedom, and safety, before so much as applications be made to him for establishing Religion and peace, we then leave it to your Lordships consciences whether his Majesty shall not be restored to his honour before Jesus Christ be restored to His honour and set vpon his throne of government in his Church ; whether his Majesty shall not be in a condition of liberty before the ordinances of Christ have a free course; and whether his Majesties safety shall not be provided for and secured before either 500 PROCEEDINGS OF COMMISSION [28 APRIL Church or Kingdome can say they are in a condition of safety. And is this to endeavour the setling of Religion before all worldly interests, or rather to make it come after the Kings interest ? 7. Wee feare that after so many instructions from the Parliament, Convention, and Comittee of Estates, to their Comissioners at London from time to time, for endeavouring in the first place the setlement of Religion, and then to endeavour the removing of the civill differences and the restitution of the King, vpon his first giving satisfaction in Religion and the grounds of a solide peace ; and if after it was declared by this Kingdome (during his Majesties being at Newcastle) that they could not admitt of his Majesties coming to Scotland in freedome, vnlesse his Majesty granted the Proposition concerning the Covenant and Religion, and gave a satisfactory answer to the rest of the Propositions ; likewise if, after such a Declaration of the Parliament of this Kingdome, January 16, 1647, for his Majesty es being in some of his houses, with such attendance as the tuo Houses should think fitt vntill he give satisfaction in the Propositions ; if after all this it be now insisted vpon that his Majesty may be restored with honour, freedome, and safety, before such satisfaction had from him, we feare it shall lye as a great scandall vpon this Kingdome, and as too sensible and apparent a change of their former principalis and professions in a point so much concerning the security of Religion. 8. Wee are very apprehensive that your Lordships vrging the dis- posing of the Kings person in England in such a way as that he may come to London with honour, freedome, and safety, without his Majesties giving, or your Lordships desiring his Majestie to give, satisfaction and security in Religion, and in such things as belong to the safety of the Kingdome (without which ther can be no lasting security expected to Religion), as it is a far different point from the vrging of a joint interest in the disposing of the Kings person, by both Kingdomes for the good of both, so it will be judged by most of all parties in England, that ever concurred in this Cause, to be so preiudiciall to their nationall rights and liberties, and such an encroachment therevpon (though your Lord- ships declare yow have no such intention), as that it will vnite them all in opposition to this Kingdome, and consequently alienate them from the intended Vniformity in Religion according to the Covenant. As these reasons make ws conceive your Lordships second Demand to import no small danger to Religion, so we would not be vnderstood as if we had any thoughts to decline the restore- 28 APRIL] OF GENERAL ASSEMBLY, 1648 501 ing of his Majesty to the same condition he was in by the agree- ment of both Kingdoms, when he was taken away by a party of the Army vnder the comand of Sir Thomas Fairfax, that both Kingdoms may freely make their applications to him. ' Concerning your Lordships thrid Demand, " That the present Army of Sectaries may be disbanded" for the ends expressed in the Demand, As we think no persons whatsoever fit to be imployed or entrusted in the Armies of either Kingdome who have not taken the Covenant, and that all Sectaries in England that are in armes should be disbanded and disarmed ; so we conceive there is also reason for your Lordships to foresee and provide against the danger of the rising againe of the Popish, Prelaticall, and Malignant party in armes, and the rather because of the late commotions begun by some of them both in England and Ireland ; there being also some both in Wales and Ireland actually in amies who have discovered and declared their principles and ends to be very malignant ; wherin we are informed they are the more animated and encouraged vpon confidence of some agreement between his Majestie and this Kingdome. It is further to be considered that this Demand being joyned with the second, the present Army in England disbanded, and his Majesty brought to London with honour, freedome, and safety, how easily may all the Malignant, Popish, and Prelaticall party in his Majesties dominions flock vnto him ! Which how prejudiciall it may be, his Majesty keeping still his principles, is easie to be judged. ' As for the exceptions added in your Lordships Demand, to passe the ambiguity therof, your Lordships except from the said disbanding the garisons necessary to be kept in England, and desire that these garisons may be commanded by such as have or shall take the Covenant, and are well affected to Religion and Government, but doe not desire any such thing concerning the garisons themselves ; which may be vnderstood as a tacite con- fession on our part that all the garisons to be kept in England may be of such as have not taken nor shall tak the Covenant, nor are well affected to Religion and Government, provided that those garisons be commanded by such as your Lordships describe. ( We have but on point more to adde concerning this thrid and last Demand, for we cannot conceale our feares and apprehensions that your present resolutions and proceedings, and the entertain- ment of English souldiers, wherof many are Papists and Malig- nants, and some eminent in malignancy, is not the way to further 502 PROCEEDINGS OF COMMISSION [28 april but to retard and hinder the disbanding of the present Army in England, and to frustrat the ends your Lordships propose in your Declaratioun for the disbanding of that Army. c And whereas your Lordships declare " that it is not your inten- tion at all to make a Nationall engadgement against the Parliament and Kingdome of England, but for them;" as we shall not pre- sume to speake of the nationall rights and privil edges of another Kingdome, so we cannot see how the principles of your Lordships Declaration can consist with the first part of our thrid Desire, which was, " That there may be no such quarrell or ground of the war as may break the vnion between the Kingdomes ; " For we conceive there are diverse such quarrells in the Declaration as fall directly and necessarly vpon the votes and proceedings of the Houses of Parliament, even when they were most free. ' Concerning that which your Lordships adde in reference to the latter part of our thrid Desire, and to our whole fourt Desire, We humbly conceive it is very far short of that which is no lesse your Lordships duety then our Desire. For, 1. Your Lordships only declare against " association and conjunction of forces with those who shall refuse to swear and subscribe the Covenant," which doth not exclude association of forces with such as neither have taken nor shall tak the Covenant, so that they be not vrged therto, and so not reckoned amongst refusers. This we have the more reason to take notice of, becaus your Lordships have before in this same Declaration complained that there is no vrging of the Covenant in England, nor no execution of publick orders for taking of the same : which being so, How shall your Lordships find the Malignants in England to be refusers of the Covenant except your Lordships enforce it vpon them ? which we suppose your Lordships intend not to doe. 2. Your Lordships doe not declare that if any who have not taken, and shall not take the Covenant, nay, not so much as they that shall refuse the Covenant if they rise in armes, your Lordships will oppose them and endea- vour to suppresse them ; only your Lordships say yow will not associat nor joyne forces with them. 3. Whereas your Lordships say " that yow will be so far from joyning 1 or associating with the Popish, Prelaticall, or Malignant party, if they shall againe rise in armes, either to oppose or obstruct all or any one of the ends of the Covenant, that yow will oppose and endeavour to suppresse 1 joying in MS. 28 APRIL] OF GENERAL ASSEMBLY, 1648 503 them as enemies to the Cause and Covenant : " Wee beseech your Lordships to consider whether this part of your Declaration doth not reserve a latitude, that if the Popish, Prelaticall, or Malignant party shall rise in armes for the Kings restitution, and can but have so much cunning (which is more nor probable) as to conceale their intentions of obstructing or opposing all or any on of the ends of the Covenant, in such a case it may be free to your Lord- ships, instead of opposing or endeavouring to suppresse them, that yow shall both protect their persons and estates, and also joyne or associate forces with them. In all which we have the more cause to be full of feares and apprehensions becaus of so many English Malignants even now protected and intertained in this Kingdome in hopes of military employments, yea, diverse of them (as we are informed) such as have served against this Cause and Covenant. ' As to that which follows relating to our seventh Desyre, con- cerning such as are to be entrusted in armies and Comitties, we shall need to say no more then was expressed in our humble Representation, March 29, namely, that your Lordships omitt in your answer some of the qualifications expressed in our Desire, viz., Suck as have given constant proof e of their integrity and faithfulnesse in this Cause, and against whom there is no just cause of jealousie, that so we may the more confidently encourage our flocks to follow the cause of God in their hands, and not to doubt of their fidelity. Which qualifications being contained in our Desire, and omitted in your Lordships answer, we are not without fears that this omission may be made vse of by some as if your Lordships had not meant to agree fully to that Desire, and so take occasion to deal for employ- ing and entrusting such in the Comittees and Armies as may be justly excluded by the qualifications contained in our said Desire. ' These things having been before represented to your Lord- ships, and there being no thing in your Lordships Declaration to satisfie or take off these our fears, but such expressions insisted vpon as keep aloof from the qualificatiouns desired by ws, all that are vnbyased may easily judge whether we have not here some real ground to be vnsatisfied. ' That which followeth in the Declaration concerning the rescu- ing of his Majesties Person, "that he may come with honour, free- dome, and safety to or near London, where both Kingdomes may make their applications to him for setling Religion and peace," we have before spoken fully to it. And whereas your Lordships adde a kinde of salvo in satisfaction to our fifth and sixth Desires, 504 PROCEEDINGS OF COMMISSION [28 april it will plainly appear that these Desires are not satisfied by any thing here expressed in your Lordships Declaration. Your Lord- ships say, yow resolve " not to put in his Majesties hands, or in any others whatsoever, any such power, whereby any of the ends of the Covenant may be obstructed or opposed." But may it please your Lordships to give ws leave to put yow in minde, 1. That your Lordships words may be vnderstood either in this sense, that yow are not resolved to put any such power in his Majesties hands, and if so, your Lordships know, what yow resolve not now yow may resolve afterwards ; or in this sense, that your Lordships are resolved thai yow shall put no such power in his Majesties hands, and if so, then there remaines some doubt how far that power extends which your Lordships conceive shall not be able to obstruct or oppose any of the ends of the Covenant, or endanger Religion and Presbyteriall Government : or whether it be meant to be extended to his Majesties negative voice. 2. When your Lordships say that yow are not resolved to put any such power in his Majesties hands, this needeth not hinder your Lordships yeelding and acquiescing if others put such power in his Majesties hands ; For resolutions not to doe a thing may stand with resolutions not to hinder it. 3. When your Lordships have resolved to oppose the puting of any such power in his Majesties hands as may be destructive to Religion, yet vpon supposition that his Majestie is come to London with honour, freedome, and safety, we doubt whether it may not prove impossible to your Lordships to hinder the putting of such a power in his Majesties hands. c Your Lordships adde what assurance yow intend to crave from his Majesty for satisfaction in point of Religion ; But withall we observe three limitations or qualifications joined therewith, which (so far as we are able to judge) leave this great point in a very dangerous vncertaintie. 1. Your Lordships resolve that his Majesty give this assurance for Religion " before any agreement or condition to be made with his Majesty," which is the expression chosen by your Lordships, instead of that clause in our sixt Desire, " before his restitution to the exercise of his royall power." If your Lordships expression wer only a more smooth one, with the like security to Religion (such as your Lordships answer, March 27, did put ws in hopes of), we should have chearefully acquiesced ; But we are so far from perceiving the like security to Religion, that we rather fear your Lordships qualification may make void and frustrate the securitie that we desired. For first, it clearely 28 APRIL] OF GENERAL ASSEMBLY, 1648 505 supposeth that his Majestie shall come with honour, freedome, and safety to London before any condition or agreement to be made with him ; For such agreement or condition to be made with his Majesty being posterior to the assurance to be made 1 from him for Religion, must be much more posterior to his Majesties coming to or neer London with honour, freedome, and safety, according to the method of proceedings proposed in the Declaration. Now, being once at London with honour, freedome, and safety, and that without any agreement or condition made with him, it is not probable to ws that his Majesty will then desire any agreement or conditione, vnlesse it be for some concessions on his Parliaments part, and among other concessions probably somewhat for Episco- pacy too, for establishing whereof he conceiveth himself oblieged in conscience to make vse of his power, as was before observed. The result of this point is that we humbly conceive that, notwith- standing of that clause, l( before any agreement or condition to be made with his Majesty," or anything else in the Declaration, his Majesty may be restored to the exercise of his royall power before security had from him for Religion, as we desired. ' The next qualification added by your Lordships immediatly is in these words, " Having found his late concessions and offers concerning Religion not satisfactory;" Where first, the words, " having found," may be variously vnderstood, either " B when his Majesty shall have found," or " when your Lordships shall have found," or " because his Majesty hath found," or " because your Lordships have found." ' Next, the words, " not satisfactory," are as doubtfull, and may be interpreted in severall senses, either that his Majesties late con- cessions and offers concerning Religion are not satisfactory in themselves or that they are neither satisfactory to your Lordships nor to ws ; or the meaning may be onely that they are not satisfactory to ws, which doubtfulnesse in the sense of the words we have more cause to observe, becaus your Lordships have not hitherto returned ws any clear or positive answer to our fifth Desire, " That his Majesties late concessions and offers concerning Religion, as they have been by the Church, so may be by the Parliament declared vnsatisfac- tory only your Lordships are pleased here to make a light transition over that which we conceived to be vnto ws a grave subject of a solemne Declaration. Had for made in 4to print. 506 PROCEEDINGS OF COMMISSION [28 april ' The thrid qualification in the assurance to be required from his Majesty is, " that he shall agree to such Act or Acts of Parlia- ment and Bills as shall be presented to him by his Parliament 1 of both or either Kingdoms respectively, for enjoyning the Covenant and establishing the Presbyteriall Government, Directory of Wor- ship, and Confession of Faith, in all his Majesties dominions." But we humbly conceive it wer more for the glory of God, good of Religion, and his Majesties own happinesse, that his Majesty should, after the example of the godly reforming Kings of Judah and of the best Christian Emperours of old in the Christian Church, declare his own zeale and forwardnesse for the Reforma- tion and setleing Religion, and that your Lordships should doe well to sollicite and incite his Majesty here vnto, rather then to seeme to yeeld so farre that his Majesty shall be free for his part till his Parliaments of both or either Kingdomes respectively agree what Acts or Bills to present to him ; the preparing and present- ing whereof how much it may be retarded and obstructed by the prevalency both of Malignants and Sectaries we know not. Seeing therefore his Majesty oweth a duety both to God and to his people, for the Reformatioun and setlement of Religion, your Lord- ships may doe better to sollicite his Majesty, and to desire that he will positively declare himself willing and ready for his part, and for that duety which is incumbent to his Majesty, and that he give assurance for the same in the particulars. ' Your Lordships further declare in reference to our eight and last Desire, " that yow are willing to subjoyne to the grounds of your vndertaking an oath, wherein both in the framing thereof and otherwise, your Lordships are willing the Church shall have their due interest as formerly in the like cases ; " where, as we know not how farre your Lordships meaning doth reach in the word other n- ayes, and in the w 7 ord due, so we know not why your Lordships did not thinke fitt to agree to our Desire as it was con- ceived, and as the words stood, viz., " That there may be no in- gagement without a solemne oath, wherein the Kirk may have the same interest which they had in the Solemne League and Covenant," which Desire is so farre vnsatisfied, that for our interest in the matter of the oath and in the grounds of the vndertaking, we doe not see it allowed or preserved to ws ; but rather that the Declaration holdeth forth the grounds of the vndertaking already resolved vpon by your Lordships, only leaving ws an interest in the Parliaments- in 4to print. 28 April] OF GENERAL ASSEMBLY, 1648 507 forme of an oath to be subjoined, and that not without some vncer- taine and dubious qualifications as hath been touched. Meanwhile we see only a Declaration without an oath, and as Declarations are alterable by Parliaments, and their proceedings sometimes not agreeable to their Declarations (which the experience of these times hath taught ws), so if there were an oath subjoyned to the grounds of vndertaking expressed in this Declaration, we could not account it a lawful oath, but that it would make the bussi- nesse worse. ' Your Lordships adde somewhat further relating to the matter of our first and second Desires, namely, " That your Lordships are resolved not to engage in any war before the necessity and lawful- nesse thereof be declared, 1 so as all who are well affected may be satisfied therewith, and that reparation to such breaches and injuries as are or shall be condescended vpon shall be demanded in such a just and fit way as shall be found most lawfull and expedient." This clause, as likewise that which followeth, " that many of the dangers, with the grounds and resolutions, are by this Declaration of your Lordships made known to this Kingdom," seems to hold ws in suspense till all the dangers, grounds, and resolutions be made known, and till the lawfulnesse and necessity of the war be cleared, and the way of seeking reparation resolved vpon ; Yet your Lordships may be pleased to remember that in that part of your answer to ws of the tuentieth, which is a returne to our Desire of knowing fully your Lordships resolutions, and being satisfied on the whole matter, we wer remitted to the Declaration as containing the grounds and resolutions of the Par- liament on the whole matter. 'As to that which followeth concerning a present putting of the countrey in a posture of defence, as in anno 1643, we should be glad it wer made to appear really that the grounds, principles, and ends were the same now they were in the year 1643 ; other- wise the like act vpon different grounds and for different ends make it not the same cause. Your Lordships doe indeed speak of the principles expressed in the Declaration as the same with the first principles contained in our Nationall Covenant and in the Solemne League and Covenant. But what reason we have to conceive they are new and different principles may appear by the severall particulars before mentioned. Wee cannot here passe a new interpretation which the Declaration puts vpon the Solemne 1 cleared for declared at p. 470. 508 PROCEEDINGS OF COMMISSION [28 APRIL League and Covenant, viz., " That we did solemnly swear and promise before God and his angels to endeavour Reformation of and Vniformity in Religion and Church Government in all his Majesties dominions, according to the Word of God and the example of the best Reformed Churches ;" where we passe your Lordships limiting and restricting of Vniformity more then the Covenant doth, which may infer that Vniformity in Church Govern- ment between the Churches of Christ in these three covenanted Kingdoms is not to be vrged in any other maner or measure then we have a precedent of in other Reformed Kirks. But that which here we chiefly aime at in 1 the following clause of the Declaration, viz., " And not only to the vtmost of our power, with our meanes and lives, to stand to the defence of our dread Soveraigne his Person and Authority in the preservation of the true Religion and liberties of the Kingdome, but also in every cause which may concerne his Majesties honour, to concur, according to the lawes of this King- dom and duty of good subjects." Yet your Lordships know that no such interpretation hath been made by the Assemblies of the Kirk of the Solemne League and Covenant as your Lordships are pleased here to make of it. If it be said that your Lordships meaning was only of our Nationall Covenant, yet it may be observed withall that the plain and grammaticall construction of the words will carry that interpretation either vpon the Solemne League and Covenant only, or both vpon it and vpon our Nationall Covenant. However, although our Nationall Covenant only were here fixed vpon, concerning which there is such an expression in the suppli- cation of the Generall Assemblie an?io lb'39 to his Majesties Comissioner and the Lords of Secreet Counsell, yet there are some weighty considerations which we humbly offer against the applica- tion of that supplication of the Assembly to the present bussinesse ; For, 1. His Majestie was at that time giving satisfaction to the publick desires of this Kirk concerning Religion; we heartily wish we might say the like now. 2. We doe not see the Cause stated in the Declaration to be for his Majesties honour, and so to fall within that duty expressed in the Declaration of the Generall Assemblie ; and as one of the ends of the Covenant was his Majesties honour and happinesse, and your Lordships have also acknowledged in your oath of Parliament that the honour, happi- nesse, and greatnesse of the Kings Majestie doth depend on the 1 Is for in in 4to print. 28 april] OF GENERAL ASSEMBLY, 1648 509 purity of Religion as it is now established in this Kingdome, so whatsoever crosseth or prejudiceth the grounds of the Covenant, or any of the ends therof, can not with ws find any such comenda- tion as to be a cause which concerneth his Majesties honour. 3. Whatsoever we owe to the King in civill matters distinct from the cause of Religion, sure all these other dueties are with a subordination to the glory of God and good of Religion, and we are very confident it was and will be far from the thoughts of the Generall Assemblie, vnder colour of his Majesties honour, to concur with him, or any in his name, in a cause which is hurtfull and pre- judiciall to the good of Religion and to the other ends of the Solemne League and Covenant ; yet the cause stated in the Declaration we humbly conceive to be such. 4. It may be remembred that the Crosse Petition, 1 having cited the same clause of the said Petition of the Generall Assemblie, and making vse thereof in order to an Engagement in War in his Majesties quarrell against the Parliament of England, was declared against by the Comission of the Generall Assemblie anno 1643. And among other particulars it was then declared, that the limitations expressly mentioned in the words cited out of the Assemblies Supplication, viz., " According to the lawes of this Kingdome and duety of good subjects," wer interpreted by some that spake at the time in the Generall Assembly, to be all one as if it had been said, " within this Kingdome," we not knowing of any lawes of this Kingdom of further extent. It was also then observed, and may now be applyed and remembred, That the Nationall Covenant having been subscribed in the years 1581 and 1590, before King James was King of England, and being qualified in the particular heads and articles by expresse limitations and restrictions to this Kirk and Kingdom, to the Religion, lawes, and liberties of Scotland, can no more be 1 A petition presented by some noblemen and gentlemen to the Privy Council on ioth January 1643, in opposition to one by ' the Commission of the Assembly and certain noblemen, barons, and burgesses,' and declared by them to ' tend to the hinderance of their proceedings and endeavours in this publick work com- mitted to them by the King's Majesty and Parliament,' and declared by the Commission ' to be nothing else but a secret plot and subtle undermining of all the present designs of this Kirk and Kingdome for Unity of Religion, and of all the work of God in this land.' See the representation against it published by the Commission under the title, ' A Declaration against a Crosse Petition, wherein some secret letts of the intended Reformation are discovered ',' etc. Edinr., Evan Tyler, 1643. 510 PROCEEDINGS OF COMMISSION [28 april extended to municipall debates, and to the lawes and liberties of England, vnto which we are strangers, then the Kingdome of England can judge of our lawes and determine our differences, the tuo Kingdomes being still independent each on other, and not subordinate on to another, as the first article of the Large Treaty fully declareth. ' As to what we find in the close of the Declaration, " that this Kingdome of Scotland will now make it evident, as they have often declared, that their quietnes, stability, and happinesse doth depend vpon the safety of the Kings Majesties person and mainten- ance of his greatnesse and royall authority, who is Gods Vice- gerent set over ws for maintenance of Religion and ministration of justice," we shall only put your Lordships in mind, that your Nationall Covenant joyneth with his Majesties safety, his good behaviour in his office, and sayeth, " That the quietnesse and stability of our Religion and Kirk doth depend vpon the safety and good behaviour of his Majesty, as vpon a confortable instru- ment of Gods mercy granted to this countrey for the maintenance of his Kirk and ministration of justice." Otherwise, if a King doe not his duety for the maintenance of the true Religion and minis- tration of justice, it is not his safety alone that make his people to be in quietnesse and happinesse. Withall, as our quietnesse and happinesse dependeth on his Majesty and his doing of his duty as an instrument and minister of God for good, so the honour, greatnesse, and happinesse of the Kings royall Majestie and the welfare of the subjects, depend vpon the purity of Religion, as is well expressed in your Lordships oath of Parliament. ' And now we shall, with your Lordships favour and permission, make this conclusion vpon the whole matter, that as we neither were nor are against ane Engagement of this Kingdom in war, but have been and shall be willing to consent thereto if once satisfied in our consciences concerning the clearnesse, lawfulnesse, and necessity of the Cause and quarrell, and concerning our calling, manner of proceeding, instruments to be entrusted, security to be had for Religion and other particulars contained in our former papers, not yet satisfied by your Lordships, so we are necessitat to professe and declare to your Lordships that we cannot, we dare not in our consciences agree to an Engagement vpon such grounds, and in such a way as is stated in your Lordships Declaration : And therefore, for our exoneration, doe dissent from the whole complex bussinesse in the said Declaration, as not containing clear and con- 28 APRIL] OF GENERAL ASSEMBLY, 1648 511 vincing grounds of vndertaking of war, nor providing for the security of Religion, nor clearly disclaiming his Majesties late con- cessions and offers as vnsatisfactory, nor tending to the suppression of the Malignant party, but rather to compliance with them, as we humbly conceive ; nor preserving the liberties and known interest of the Kirk, nor proposing the way of Treaties, and all other possible wayes of peace to be sought and assayed before a war. For which reasons, and others before mentioned vpon the particular heads of the Declaration, we plainly declare our dissent from the complex circumstantiat state of the present bussines con- tained in the said Declaration, and take to witnesse God, angels, and men, that your Lordships have not wanted warning from the watchmen, and that we shall be free of all the distractions, con- fussions, miseries, and blood which may follow vpon your Lordships proceeding to an Engadgement in war vpon the grounds of the Declaration. We further call to record the Searcher of all hearts and the righteous Judge of all the world, That our not concurring proceedeth not from want of zeale against Sectaries, nor from any remissenes in that which may concerne his Majesties true honour and happines, and the preservation of Monarchicall Government in him and his posterity, nor from any want of tendernes of the priviledges of Parliaments, nor from any want of sympathie with our afflicted and oppressed brethren in England, in reference to all which our proceedings have been, and shall be (wee trust), reall testimonies of our affection and sinceritie. But our not concurring proceedeth meerly from tendernesse in the point of security of Religion and Vnion between the Kingdomes, and from the vnsatisfactorinesse of the grounds of your Lordships Declara- tion, as hath been expressed in the particulars. Wherefore we humbly beseech your Lordships to interpret favourably and charit- ably any liberty which we have vsed (the matter being such as lyeth sad and weighty vpon our consciences), and that your Lord- ships would also be pleased to be mindfull of making good that passage of your Declaration, where yow say that yow are resolved te not to engadge in any war before the necessity and lawfulnesse thereof be cleared, so as all who are well affected may be satisfied therewith Which if your Lordships shall be pleased to do, there is a door of hope yet open, and we shall not cease to pray vnto the Lord (as He shall assist ws), that a spirit of counsell and vnder- standing, and of the fear of the Lord, may be vpon yow, and that God would gratiously rid both your Lordships and ws out of all hid 512 PROCEEDINGS OF COMMISSION [28 April and lurking snares, and so guide your Lordships as that there may be yet a sweet and harmonious joining of hearts and hands vpon right principles, grounds, and motives, in a right way, and for the right ends.' The nixt meeting at 10 houres vpon Mononday. The Comission appoynts the letters following to be sent to the Presbytery and town of Air : — Letter to the ' REVEREND AND LOVING BRETHREN, It IS not vnknowne to ? Air bytery ° f y ow that we have intrusted to ws the planting of the Kirk of Air with a collegue to your brother, Mr. William Adair, and that there is nothing done there anent, altho the Comissioners of the Generall Assemblie have recomended the planting therof to the towne of Air : Therefore we desire that yow may concur with your best advise to them for the planting therof ; And we wish that it may be planted with all diligence before the ensueing Generall Assemblie, that we may make the report therof to them. Being confident of your cair of so necessary a work both for the help of your brother and for the confort of the people of God there, wee recommend yow and your labours to the blissing of God and rest/ To their reverend and loving' brethren The Presbytery of Air. Letter to the 4 RlGHT WORTH IE AND MUCH RESPECTED, We wrot to yOW Toun of Air. De f or concerning that recomendation of the Generall Assemblie for providing a collegue to your minister, earnestly desiring that yow wold take some course therin, wherof we have heard no thing from yow ; only we hear by the clerk that ther wes sumonds given out, bot he hes heard of no returne of diligence ; Therefore we onlie desire that now before the Assembly there may be so much done as may testify your diligence and cair of so pious a work. It is all w r e have to say. Recommending vow to the Lords speciall blissing, and remain ' Yours in the Lord, Edinburgh, The Comissioners 28 Aprilc 1648. OF THE Generall Assemrlie."' For the right worthie and their much respected freinds the Proveist, Baillies, and Cornwall of the burgh of Air. I may] OF GENERAL ASSEMBLY, 1648 513 Edinburgh, 1 Maij 1648. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Bell : Mr. James Guthrie : Mr. Colin Adam : Mr. George Lesly : Mr. Robert Blair : Mr. Hew Mackall : Mr. Zachary Boyd : Mr. John Smith : Mr. Evan Cameron : Mr. James Hamiltoun : Mr. Mungo Law : Mr. John Neve : Mr. George Gillaspie : Mr. Samuell Rutherfurd. Elders. — Libbertoun : Lawrence Henderson : George Porterfeild : Sir James Stewart. The Comission of the Generall Assembly, considering that at Recommenda- this tyme they have provided ministers to preach to the honor- p r ovinciaii of abill Court of Parliament, and knowing that their reverend ^mstere°to brethren of the Provinciaii Assembly of Lothian, being to meet pray^and the morne, will be very carefull to supplie that duety, seing the *iamen T Comission after so long attendance is now to dissolve, Therfor they doe seriously recomend to the said Provinciaii to provyd tuo ministers to preach to the Parliament each Sabboth of this instant moneth of Maij, as also that during their sitting they may be pleased to send some of their owne number to pray every day in Parliament, and, after their dissolving, to re- comend it to the Presbyterie and Ministry of Edinburgh vntill the said nixt quarterly meeting of this Comission. The Comission appoynts Mr. James Guthrie to pray the morne to the Parliament. The Comission having heard by Mr. Heugh Cunningham Correspon- that the brethren in Irland are very desirous to have informa- iriand WUh tion of bussines in this Kingdome, Therefore the Comission appoynts Mr. James Hamiltoun to keepe correspondence with them from tyme to tyme. The Comission appoynts Mr. Robert Dalgleishe to speake to Annuitie of the Thesaurer to provyde the 500 lib. sterling against the nixt 500 llb * sterlm S- quarterly meeting, and to show his Lordship that the Comis- sioners that should goe to Irland, and many other particular bussines are impeded for want of money. The Comission appoynts Messrs. Robert Blair, Samuell Commissioner Rutherfurd, James Hamiltoun, and John Smith, with the from Irland ' Moderatour, to hear the Commissioner from Irland and to report. The Comission, having considered the Report of the brethren of Auchterardour and Perth concerning, David Grahame, being vnsatisfied therewith, Thinke fit to returne this answer : — % K 514 PROCEEDINGS OF COMMISSION [i may Letter concern- ing David Graham to Presbyterie of Auchterardor. 6 Reverend and loving brethren, — Having considered your Report and David Grahams Declaration, We doe not find that satisfaction in it we desired, perceiving him to decline any acknowledgment that the course he wes in wes rebellion, nor doeth he give so positive and particular confession of the offenses as his sentence beareth, which we conceive may be from want of present information, Therfor wee yet desyre yow, with the con- currance of the brethren formerly desired to assist yow, in that bussines, to conferr with him, and labour to bring him to a greater measure of sense and acknowledgment of the haynousnes of his offences, and that as particularlie as his sentence imports, or as others in his condition lies done, which we hope the gentleman will be willing to doe, and being done sincerly and heartily will tend to his good and inward confort. Thus comending yow and all your labours to the Lords grace, we remain i Your loving brethren, Edinburgh, The Comissioners 1 Maij 1648. of the Generall Assembly.' ' Concerning Robert Grahame of , your Report relates to a supplication which we have not received, nor have we sene it, nor heard from himself, and therfore can give no opinion concerning him. 1 To the right reverend The Presbytery of Aucht er ardour. The nixt meeting at 2 houres afternoon. Eodem die, post meridiem. Sederunt: — Ministers, — Mr. Robert Douglas, Moderatour. Mr. James Hamiltoun : Mr. Evan Cameron : Mr. Samuell Rutherfurd : Mr. Heugh Mackall : Mr. J ohn Neve : Mr. Zacharie Boyd : Mr. George Leslie : Mr. Robert Blair: Mr. John Bell: Mr. James Guthrie: Mr. Mungo Law. Elders. — Libbertoun : Findawrie : Sir James Stewart: George Porter- feild : Lawrence Henderson : John Semple. Committee for The Comission appoynts Mr. Robert Douglas, George Gil- laspie, William Colvill, James Hamiltoun, John Smith, with Mr. John Adamson, to revise Rouse paraphrase of the Psalmes in meeter, with the animadversiones thereupon, and to report their opiniones. 4 may] OF GENERAL ASSEMBLY, 1648. 515 The Comission appoynts the clerk to draw vp in forme the Overturs to the overtures to the Parliament, but for the overtures that shall be Assembly! ^ prepared to the Assembly the Comission appoynts Mr. James Hamiltoun to have them in readines against the nixt quarterly meeting. The Comission thinks it fit to dissolve now, desireing the brethren to returne at the nixt quarterly meeting in Maij, and to acquaint their brethren absent to keepe that dyet, appoynt- ing also the Moderatour, if any mater occurre of importance, to conveen so many of the Comission as he can conveniently. Edinburgh, 4 May 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson : Mr. Andro Fairfoull : Mr. Alexander Spittle : Mr. Robert Ker : Mr. John Smith : Mr. John Hay : Mr. EphramMelvill : Mr. James Hamiltoun : Mr. David Calderwood : Mr, William Colvill : Mr. George Gillaspie : Mr. James Fleeming : Mr. Alexander Livistoun : Doctor Colvill: Mr. Alexander Dickson: Mr. Patrik Scheill: Mr. Evan Cameron. Elders. — Dundas : Libbertoun. The Moderator shew that this day he had conveened the brethren occasionallie now in towne at the Synod by reason of some letters and petitions he had received. This day a letter sent from the Provincialls of Galloway and Aberdene, and from the Presbytery of Lanerk, togither with their petition they desired to be presented to the Parlia- ment, which, being considered, The Comission appoynts Mr. William Dalgleish to present the petition of Galloway to the Parliament, and to accompany the presenters of the petitions from the Provincialls of Lothian and Aberdene, and of the Presbytery of Lanerk. Tenor of the letters folio wes : — 'Reverend and deare brethren, — Amidst the distractions Letter from the and sad discouragments of this backsliding and sinfull tyme our Q^^y 11 of hearts are exceedingly refreshed by the goodnes of God in setting yow ther on a watchtower to see and communicat to the land, both in what condition Religion stands, and what is fitting to be done in relation thervnto, wherin, although your fightings and fears are more nor ordinary, yet your reward is with the Lord, your strength and successe is from him, your persons and employments are deare to the people of God through the land as their owne soules. 516 PROCEEDINGS OF COMMISSION [4 MAY ' That necessary and seasonable Declaration emitted by yow was so acceptable in all the points therof to all here, and accordingly red by ministers and received by people, that vpon inquirie made in several Presbyteries, and now in the Synod, we cannot find the least suspicion of disaffection in any, either minister or people ; But all acknowledge the good hand of God vpon yow, and take it as an argument of his favour towards the land, and that he is not mynded as yet to forsak ws, when he is pleased to give ws so clear intimation of our dueties and dangers. 'We adore the deepe and gratious wisdome of God in leading yow along in that conference with the right honorabill the Estates of Parliament, and are so well satisfied with these 8 Desires imparted by yow to ws that we humbly conceive all and everie on of them to be precisly adhaered vnto, as without which neither Religion, King, nor Kingdome can well be secured. And therefor we have made our addresses in a humble petition to the right Honorabill the Estates of Parliament to satisfie these so just Desires, which we have herewith sent that it may be disposed of according to your judgment, who know the juncture of affaires. As for the Presbyteries within this Province yow neid not doubt but they will both wait vpon information from yow in publick affaires, and tymously acquaint yow when they shall stand in neid of publick advice. What yow recomend anent searching out and mourning for the sins of this Nation, and the preserving of trueth, vnitie, knowledge, and pietie, wee doe acknowledge the same to be most necessary, and shall by the grace of God, according to our abilitie, ende- vour to acquit our selves according to your advice in all things. And wee are confident that, as yow have testified your zeale in every thing, so likwise in taking notice of vnsound and vnseasonable doctrine, which being vented (as we are informed) in the most eminent place of the Kingdome, both strengthened the hands and increaseth the number of Malignants, and scan- dalizeth manie throughout the whole land, and even in those parts where we live, wherein we both sympathize with your difficulties, and promise to our selves, that yow will tymously censure and suppresse such enormities according to the power of God put in your hands. 4 may] OF GENERAL ASSEMBLY, 1648 517 4 Such of our number as are members of the Comission have attended as those that live at such a distance could, and we have charged them in the Lord not to be wanting in time comeing. Now, the Lord himself, who is able to doe exceeding abound- antlie abone all we aske or think, furnish yow with such counsell and courage as these times and your trust requires. Wee rest 8 Your very loving brethren in the Lord Jesus, The Provixciall Syxod of Galloway. Wigtoun, Sic Subscribitur, Jo. M'Lellan, Modr. Aprill 18,1648. Mr. Ja. Irvixg, Cle. SynodV 6 RlGHT HoXOURABILL, REVEREXD AXD DEARLIE BELOVED IX THE Letter from Lord, — We are very sensible of the great solicitude and paines AtTerderu 11 ( ye have taken in the Cause of God, both before and now in this dangerous tyme, when Satan so much bestirreth himself in his craft and malice to imped that happie course of Refor- mation which hath bene so laudablie vndertaken and advanced within thir three Kingdomes ; and doe highly esteeme of your paines, of the work of your faith, the labour of your love, the patience of your hope, and blesse the Lord for the evident demonstrations of his presence with yow in this his owne work, wherof we have seen cleare footsteps in your Declaration seasonablie emitted, receaved by ws, pervsed also according to your direction verie vnanimously : as also in your most just Desires presented to the Honourabill Court of Parliament. In all these, and in this letter to your selves, with a supplication to the Parliament, ye have ws all and everie on goeing along with yow, nemine (so much as in appearance) contradicente. And be ye assured that, by the grace of God, we shall be ever readie to contribute what in ws lyeth for your incouragment in so good and laudable a work which doth so nearly concerne the glory of God, the happines of this Kirk, of the King, and of the Vnited Kingdomes. We are not ignorant of the manifold difficulties and oppositions that ye doe meet with, yet knowing whom ye beleve, we beseech yow to be constant, stedfast, vnmoveable, alwayes abounding in the work of the Lord, foras- much as ye know that your labour is not in vaine in the Lord, 518 PROCEEDINGS OF COMMISSION [4 may to whose grace heartily recomending yow we subscribe ourselves- your humble servants and loving brethren by 6 Your honours humble servant and loueing fellow labouer in Christ, Sic subscribitur, Mr. Jo. Row, Moderator of the Provinciall Synod oJ'Aberdene y in their name and at their speciall command: 4 Wee desire and intreat that the bearer, our reverend brother, Mr. John Forbes, whom we have sent over with our letter and supplication, may be directed and assisted by yow in presenting the supplication. 1 Aberdene, Aprile 26, 1648. Letter from the 4 Right iiEVEREND, — We have received your Declaration, and L^nSc.^ 7 ° f nes obeyed your ordinance with all diligence for the reading of it. We bless God for your zeale, faithfulnes, and prudence in this your seasonable warning in so needfull a tyme ; We hope that the example of your zeale and sound of your trumpet sail waken many that otherwyse might have sleiped, That the Lord may yet have in this land his tuo faithfull witnesses who may lift vp their voice and cry aloud in so great defection of these miserable times, when truth is contradicted and opposed on ether side. We know the manifold difficulties ye wrassle with, and sail not be vnmindfull to hold up your condition befor Him who is able to establish and strenthen yow that ye may stand forth against all opposition, knowing that whatever be the con- tradiction of many, yet wisdome shall be justified of her owne children ; and howsoever that faith and love of the truth could scaircely be found in those latter dayes, yet your judgment is with the Lord, and your work with him ; and for our selves we shall continew stedfast through the strenth of Christ to follow your warnings according to our places. We commend yow and all your imployments to the grace of God, and rests * Your observant brethren and fellow labourers in the Gospell, Sic subsciibitur, Mr. J. Hume, Modr. Mr. J. Semple, Clerk: The nixt meeting the morne at 8 houres. 5 may] OF GENERAL ASSEMBLY, 1648 519 Edinburgh, 5 May 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Doctor Colvill : Mr. Andro Fairfoull : Mr. James Hamiltoun : Mr. Robert Lawder : Mr. Alexander Dickson : Mr. John Hay: Mr. John Adamson : Mr. David Calderwood : Mr. Alexander Spittle : Mr. James Fleeming : Mr. Evan Cameron : Mr. Georg-e Bennet : Mr. Alexander Livistoun : Mr. Robert Ker : Mr. John Smith. Elders. — Dundas : Libbertoun. The Comission of the Generall Asssembly doe humbly desire David Spence. that the Honorabill Estates of Parliament wold take to their consideration the complaint given in against David Spence, and that their Lordships may be pleased to assigne a day for it, and appoynts the brethren that goe to the Parliament with the petitions to represent this their humble desire. The Comission, considering the proceedings of the honorabill Act for Advise court of Parliament tending now to Engagement befor satisfac- t0 Presbytenes ' tion in the Cause and other grounds of the Engadgment, and their other Desires to the Parliament, Therefor think it very fitt that Presbyteries withdraw them selves from giving any assist- ance or concurrance in any way to their proceedings in that Engadgment, and especially that they do not read the publick orders of the Comittee, nor send foorth any of their number to attend their forces. The Comission thinks also fit that a present short Information be drawen for Presbiteries that they may the better know how to carrie them selves. This day the drawght of a Declaration to be sent to Presby- Committee for teries read ; the Comission appoynts Messrs. David Calderwood, Deciarftioun. George Gillaspie, John Smith, Robert Ker, and the Moderator to revise it. The nixt meeting at 3 houres. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. James Fleeming : Mr. George Lesly : Mr. Robert Ker : Mr. Patrik Sibbald : Mr. Robert Baillie : Mr. Mungo Law : Mr. Evan Cameron : Mr. John Smith : Mr. David Calderwood : Mr. James Hamiltoun : Mr. Alexander Spittle : Mr. John Adamson : Mr. Alexander Livistoun : Mr. George Gillaspie: Mr. George Bennet: Mr. Alexander Dickson: Mr. John Forbes. Elders. — Dundas: Libbertoun: Sir James Stewart : Lawrence Henderson. The Comission approues the Declaratioun vnanimously ; Tenor wherof followes : — 520 PROCEEDINGS OF COMMISSION [5 may 'A Declaration 1 of the Commission of the Generall Assembly to this whole Kirk and Kingdome concerning the present publike proceedings towards an Engagement in Warre so Jarre as Religion is therin concerned. Declaration ' God only wise, who is wonderfull in counsell and excellent in pres^mdangers working, whose thoughts are not like mens thoughts, nor his of the 5th May. wa yes like mens wayes, who some times by weak and vnlikely meanes, and often by contrary meanes, vseth to worke out the greatest works of his glory, and the greatest salvation to his people ; After he had broken the Egyptian Antichristian yoke, first in this, then in the nighbour Kingdome, with a mightie hand and stretched out arm, and had also brought ws through a Red Sea of a bloody opposition in 2 warre ; yea, after we were near the wished for Reformation and peace, He hath againe reduced ws to such extreme difficulties and dangers, as makes many in their haste apt to wish they had not come out of Egypt, or that they wer returned thither again. How great and how many soever our dangers be, " the Lord is righteous in all his wayes, and holy in all his works," and He hath " punished ws lesse then our iniquities deserve." Among many other provocations, that of sinfull compliance is one which the present judgments of God in both Kingdomes do more especially and more distinctly proclaim and speake out eccho-wise vnto ws. Sectaries in the one hand, and Malignants in both, were so much connived at and complied with, that God hath most justly made them on both sides to be thornes and scourges to these that cherished them, when they should have suppressed them. But as we will " beare the indignation of the Lord because we have sinned against him," so we encourage ourselves in our God, and trust that when He hath humbled and proved his people, He will doe them good in their latter end. Blessed are they that wait for him, and live by faith, and keep their garments clean, for they shall " see the good of Jerusalem, and peace vpon Israel." Yea, God shall work so much good out of all the greatest evills which now afflict them, that they shall say in end, Wee had perished vnlesse we had perished ; and the work of God had not been done if it had not been vndone. 1 It was published as a 4to pamphlet, without title-page, printer's name, or place of publication, like several of the other papers of the Commission, and with the identical heading given above. 2 And for in in 4to. 5 MAY] OF GENERAL ASSEMBLY, 1648 521 i It is one door of hope to ws that God hath raised vp the spirits of many of his servants in diverse places and Provinces of England to joyne together in witnessing a good confession, and giving a fair publike testimony for the Truth of Christ, for the Covenant, for the Presbyteriall Government, and against that abominable toleration of most dangerous errors, heresies, and schismes. These testimonies we have seen to our great joy and confort, and have been much refreshed thereby, trusting that so many publick testi- monies as have been given in both Kingdomes for the Covenant and against the toleration of heresie or schisme shall not be in vaine, but that God shall lay open those that resist the truth, so as "they shall proceed no further, but their folly shall be made manifest unto all men." And we doe 1 not doubt but that such shoutings shall be heard among the Churches of Christ, " Shame, shame vpon the way of the Sectaries !" " Grace, grace vpon that Covenant and Reformation which the Sectaries opposed ! " ' Our present work is at home, to give an antidote against these Malignant designes now brought to so much maturity ; and withall to clear our own late proceedings, which some are not content to misunderstand, except they also misrepresent them to as many others as they can ; Yea, some are so skilfull in coyning, others so bold in outing, and a thrid sort so weak and simple in believing lies and calumnies, that every conscientious man hath cause to pray at this tyme, " Deliver my soul, O Lord, from lying lips and from a deceitfull tongue." ' That we may therefore lay more open the truth of matters, we shall not now so far run the back trade as to insist vpon the rise and progresse of these present evills, nor vpon the grounds of our former feares and apprehensions of dangerous and Malignant designes heretofore on foot : It shall be sufficient at this time to make known the late passages since we received his Majesties letter, dated at Carisbrook Castle, December 27, 1647, together with a narrative in writting of his Majesties concessions and offers con- cerning Religion, and what his Majesty is content to doe for this kingdom (vpon a good agreement) ; vnder which expression we know not how much may be comprehended. That letter and narra- tive, together with the reports which then this Kingdome was full of, That his Majesty had given satisfaction to the publike desires concerning the Covenant and Religion (thereby to make the people secure, and the better to animate them vnto an engagement in his Doe omitted in 4to. 522 PROCEEDINGS OF COMMISSION [5 MAY Majesties quarrell), did minister occasion to our late Declaration, which, although extreemly opposed and maligned by such as found their projects thereby crossed, yet hath found such generall and good acceptance in this Kirk of Scotland, that we have already received not only from diverse Presbyteries, but from the most part of the Provinciall Synods, most affectionate letters of thanks for the same, as, namely, from the Provincialls 1 of Lothian and Tweddale, Fyffe, Merse 2 and Tiviotdale, Perth and Stirling, Angus and Mernes, Glasgow and Air, Drumfreis, Galloway, and Aberdeen : And we doubt not but that the few other Provincialls would have done the like, but that being in more remote places, they had not the opportunity to be so soon acquainted with the condition of publick affairs. ' Not long after the emitting of that Declaration, we were desired vpon the 1 5 of March by the Comittee of Parliament, to appoint some of our number to conferee with their Lordships, which we did : But vpon the 17 of that moneth, vnderstanding that a vote had passed in Parliament vpon the 16 concerning Berwick and Carlile (which vote, as it was dissented from and protested against by diverse members of Parliament, who have been most zealous and constant since the begining, so we conceived to be a prede- termining of the subject of the Conference, and to be of exceeding dangerous consequence to the Cause of God and ends of the Cove- nant), we were there vpon discouraged from entertaining that Conference, and so resolved to delay it till we should give further order to those of our number appointed on the Conference. ' After this, vpon the 22 of March, we did, for our owne exonera- tion and for a clear vnderstanding between the Honorabill Court of Parliament and ws, represent to their Lordships 8 humble Desires ; wherevpon the same day we wer invited to a new Conference with some of their Lordships, which did not produce the wished effect and satisfaction which we were waiting for. Vpon the 28 of March we received the Parliaments Answers to our eight Desires, which, leaving ws still vnsatisfied, did occasion our Humble Repre- sentation of March 29, wherevnto we received no other answer, but a desire of Parliament sent ws the next day for a Conference vpon our said Desires and the Parliaments Answer therevnto, and also vpon the state of the Question and whole matter. But as we were willing to conferee vpon our 8 Desires, and the vnsatisfactori- nes of the Parliaments Answers thervnto, so till we should receive a 1 Provinciall in 4to print. - Mense in do. 5 may] OF GENERAL ASSEMBLY, 1648 523 cleer and reall satisfaction to these our Desires, we declined a Con- ference vpon the state of a Question for warre, for the grounds and reasons expressed in our paper of the 30 of March, and did accord- ingly give order to those of our number appointed to conferre. But the power given to the Comittee of Parliament containing no thing of further satisfaction to be given to our Desires, that their Conference (after some time spent in debates) proved no lesse ineffectuall then the former two. ' Upon the 11 of April, It was ordered by the Parliament that the Demand concerning Religion, thought fitt by their Lordships to be sent to the Parliament of England, should be communicated vnto ws, wherevnto we returned an answer by our paper of the 13 of that moneth ; And (that we might leave no meanes vnessayed for satisfaction in those particulars, (wherein most part of the Pro- vinciall Synods hath joyned with ws in supplications to the Parlia- ment) without which many others as well as our selves, could not be satisfied in conscience to concurre in the Engagement,) We did by our petition of the 1 8 further insist with their Lordships in all humility and earnestnesse for satisfaction to our Desires, and to be cleared vpon the whole matter, unto all which we have received no other answers for the satisfaction of our consciences, but the paper delivered in to ws from the Parliament vpon the 20 of April, together with their Lordships Declaration, vnto which we were remitted for satisfaction in most things we had desired. But how great reason we have to be still vn satisfied, will appear by our answer to their Lordships paper of the 20 of April, and by our Humble Representation vpon the Declaration itself, expressing more fully our sense of the whole matter. And although we might have justly desired some weeks for deliberation about an answer to so large and so premeditate a Declaration concerning things of so high a nature, yet we made such haste that our Representation therevpon was fully agreed and concluded among ws vpon the eight day after we received the Declaration itself. ' If the Honorabill Estates of Parliament had been pleased to delay the sending away of their Demands to England, and the publishing their Declaration to this Kingdom till they had received and considered our Humble Representation therevpon, we know not but it might have, by the blessing of God, conduced much to the preventing of great and sad inconveniences. But now their Lordships Declaration being emitted, as it is, we have too much cause to feare that the Malignant party shall make vse of it to the 524 PROCEEDINGS OF COMMISSION [5 may ensnaring of many, vnlesse tymous warning and information be given them. For our part it hath been our endeavour (which we are confident is desired with ws by all the well affected both in Church and State), that there may be no rupture in this Nation, but a firm vnion and conjunction vpon the first principles and grounds of engaging in this Cause. And as we have not been tenacious of words but of things, nor of any other things but such as highly concerne the glory of God, solemne Covenants, and the good, safety, and security of Religion, so we shall be blamelesse before God, angells, and men, of all the evills, distractions, and confussions which may follow vpon or be occasioned by the not satisfying of so just and necessary Desires. ' And now for the result of the whole busines : As we were before, and still are, ready to consent and agree to the engaging and acting in warre if we were satisfied in our consciences concern- ing the grounds of vndertaking and the meanes and wayes of prosecuting the same, and concerning the other particulars con- tained in our papers presented to the Parliament ; So not being satisfied in those, and looking vpon the warre as it is now stated, matters standing as they do, and the whole complexe busines taken together, We cannot but with all dutifull respect and honour, both to his Majesty, and to the Estates of Parliament, plainly dissent and differ from the same, being so far from a cleer satisfaction in our consciences concerning the lawfulnesse and necessity of a war, vpon the grounds and in the manner expressed in the Declaration of Parliament, that contrariwise we are cleerly perswaded in our con- sciences it is an Engagement of most dangerous consequence to the true Reformed Religion, both in Doctrine, Discipline, Worship, and Government, prejudicial] to the due interest and liberty of the Kirk, favourable and advantagious to the Popish, Prelaticall, and Malignant party, inconsistent with the Vnion of the Kingdomes 1 and the satisfaction of the Presbyterian party in England, and therefore contrary to the Word of God, to the Solemn Covenants, first principles and publick professions of this Kirk and Kingdom, and a remedy worse then the desease, and a course wherevpon we cannot expect a blessing from God ; For which reasons (expressed more fully and particularly in our Humble Representation vpon the late Declaration of Parliament), we cannot in our consciences allow either ministers in their places and callings, or any others whatso- ever, to concurre and co-operate in the Engagement, but trust that 1 Kingdom in 4to print. 5 may] OF GENERAL ASSEMBLY, 1648 525 all that have in them true tendernesse of conscience and tremble at the Word of God, will by his grace and assistance keep them selves vnspotted and free in this busines, and will choose affliction rather then iniquity, and take their hazard of suffering rather then of sin, believing that the wrath of man shall turn to the praise of God, and " the remainder of wrath He will restrain." ' We know there is much zeall pretended for the ends of the Covenant, Vniformity of Religion, suppression of Sectaries, and the like : But the more pretence be made of religious ends, the Malignant designes, varnished and painted therewith, are vnto God and good men so much the more hatefull. Doth the same foun- tain send forth both sweet water and bitter ? Or how can true zeall against Sectaries lodge in one breast with zeal with 1 Malig- nants ? Besides, if Religion and the glory of God be now cheifly aimed at, what meaneth the refusing of that satisfaction and security which hath been desired for Religion ? And if there be such zeal against Sectaries in the Engagement, what meant it that not long ago, when the dangers of the true Reformed Religion in this Kirk from the prevalent party of Sectaries in England were remonstrat by ws to the honorabill Comittee of Estates, it was pleaded by some who now are most active and forward for an En- gagement, that this Kirk and Kingdom was in no such danger from the Sectaries in England and there 2 Army there, as might be any cause of not disbanding the Army in this Kingdome. And is this candid or fair dealing to extenuat or elevat dangers from Sectaries so as may best serve mens present busines ? Or if the design at that tyme was so to disband that Army, as to make vp another of their owne modelling, why was this so much dis- claimed when mentioned among our feares and apprehensions in our Remonstrance, October 13 ? However, it seems the thing then suspected is now begun to be acted, and it is too apparent that our former feares wer not without some reall ground. e As to any calumnies or aspersions cast vpon our proceedings by Malignant and disaffected persons, as our consciences before God, so the very course of our proceedings before men doth cleerly wipe them off. And because we have here only summarily pointed at things, we shall for the cleerer vnderstanding of all refer to the several papers them selves here withall published and made known to all the people of God in this land, that they may "prove all things, and hold fast that which is good." We doe not doubt but vpon a For instead of with in 4to. 2 The for there. 526 PROCEEDINGS OF COMMISSION [5 MAY serious search into the particulars, all that do ingenuously seek after satisfaction shall find it. And as it will appear by the par- ticular papers that we have not medled with civill businesses, but only with such things as meerly concerne the safety and security of Religion, so we leave it to the consciences of all the well affected in the land whether they will give more credit and belief to the professions and informations of such as were strangers and enemies to the Work and Cause of God in the begining, or of those who have given constant and reall proof of their integrity in this Cause from the begining. We trust God will discover more and more the mistery of Malignancy now so strongly working, manifest the innocency and sincerity of his servants, deliver his people out of the present snares, and guide them in a right and safe way ; which afterwards shall be no grief of heart, but matter of peace and confort vnto them.' This day a letter produced from the Provinciall of Lothian, intimating a petition presented by them to the Parliament ; tenor wherof followes : — Letter from the ' RlGHT REVEREND AND WELL BELOVED IX OUR LORD, Lothian. Imediatlie efter the opening of our Synod we receaved and read your letter, with the inclosed copie of your eight Desires to the Parliament, plainly informing ws how matters now stand, and what duties are incumbent to ws in such a tyme as this. We blisse the Lord with all our hearts for your zeal to God, and pious and prudent cariage in these times, and for your faithfull acquainting of ws (as yow have also done other Synods) what is in doing, and what ought to be done, in this juncture of affaires, according to our dutie to God and to the people who are vnder our charge. And howbeit yow neither desire nor expect comendation from ws nor any other, seing yow constantly labour to approve your selves to God who searches the heart, and resolve to goe through honour and dishonour, through ill report and good report ; Yet when we ponder in our hearts how yow are set vp as a signe of contradiction, and that yow meit with many vnjust calumnies, we have thought it our duetie to declair before God and men that your zeale and cair at this tyme in your Declaration and Desires have been (through Gods blissing) most seasonable and approveable, and we are confident that after ages, and all of this same time who are vnprejudged, 5 may] OF GENERAL ASSEMBLY, 1648 527 shall acknowledge that yee have done a verie faithfull duetie to God and to this poore Church and Kingdome, And therfore we doe vnanimously thanke yow, and exhort yow in the Lord to take more and more courage to expresse yourselves stedfastlie for the Lord and his Cause, even as yow also doe, and wee (by Gods grace) shall in all things recomended by yow to ws give heartie concurrance and obedience in our places and according to our power. 4 And now to give ane account of the particulars contained in jour letter directed to ws : First, we have cairfullie enquired anent the reading of your Declaration and the miscariages of any thereanent. In the tryall of our severall Presbyteries we doe find that the same hath been vniversally read and well received in all the Presbyteries within our bounds ; yet we have recomended to the severall Presbyteries to enquyre if any person whatsoever have slighted the same, and to censure according to the measure of the miscariage. 'We have diligentlie compared your Desires to the Parliament with their Answers thervnto as they are contained in their printed Declaration, which (through Gods good providence) came abroad at the same time when we were assembled. And finding these your most necessar and just Desires not satisfied by the Parliament, we have made our addresse to that High and Honorabill Court by a supplication, whereof we have herewith sent yow a copie. 4 We shall (God willing) labour to lay to heart the many pro- vocations of this land, and to wrestle in prayer for removall of the wrath provocked therby, and have concluded that a catalogue of the sins of the time, with the causes and remedies therof, be brought in by our severall Presbyteries to the Generall Assembly. 4 We have entreated such of our number as are members of the Comission to wait constantlie vpon your meetings at all tymes hereafter, as we hear most of them have done hitherto. 4 Finallie, we shall labour to have in readiness our thoughts anent the travells of Mr. Zacharie Boyd on the Scripturall Songs againe the next Generall Assembly. 4 The Lord him self encourage yow all (reverend and dear brethren) to proceed and encrease more and more in your zeal 528 PROCEEDINGS OF COMMISSION [5 may for God, and for publishing the mind of our Lord as these times requyre, and preserve yow from vnreasonable men, which shall be the constant prayer of 4 Your most loving brethren in Christ, 4 The Provixciall Assemblie of Lothian and Tweddall. Sic subscribitur, Edinburgh, Mr. J. Smith, Moderator, 5 Maij 1648. i n their name and at their command. 1 The Short Information, which is thought fitt to be presently prepared, being read, The Comission approves the same, and appoynts it to be sent with diligence to Presbyteries, together with a letter also read. Tenor wherof followes : — 6 A SHORT INFORMATION from the Commission of the Generall Assembly concerning the Declaration of the Honorabill Court of Parliament lately emitted to the Kingdom. ' Although in the Answer of Aprill 22, which we received in writing from the Honorabill Court of Parliament, we are remitted to their Lordships Declaration (now printed and published), therin to find satisfaction to our eight Desires, presented to the Parliament March 22, and although these Desires wer such as wer most agreeable to the Word of God, and doe highly concern the safety and security of Religion, yet after diligent pervsall of the said Declaration of Parlia- ment, we cannot find therein any one of these our eight Desires satisfied. ( 2. We find twice in the said Declaration a passage cited out of the Declaration of both Kingdomes, 1643, viz., "That the not takers of the Covenant are declared to be publick enemies to Religion and Countrey, and to be punished as professed adversaries and Malignants." But while this passage is pressed and vrged vpon the Parliament of England against the Sectaries, we cannot see that it is applyed against such Malignants as have not to this day taken the Covenant. Shall we require of them the observ- ing of such a rule, and not yet walk by that rule our selves ? ' 3. As the three breaches of Treaties insisted vpon in the said Declaration are disputable and not without controversie, so The Informa- tion sent to Presbyteries. 5 may] OF GENERAL ASSEMBLY, 1648 529 the three Demands sent to the Parliament of England (as they are conceived) are of most dangerous consequence to Religion, so farre as we are able to judge of them or piy into them : And although we are reall well wishers to his Majesties honour, freedome, and safety, in such a way as may not be inconsistent with the safety and security of Religion ; yet the Demand of his Majesties coming with honour, freedome, and safety to some of his houses in or near London, before security had from him, yea, before applications to be made to him by his Parliaments for setling Religion according to the Covenant, we conceive to be not only a postponing of Christs interest to the Kings, but an apparent hazard of the subversion of all the ends of the Covenant ; considering that the Army being disbanded (as is also demanded) and his Majesty vnder no restraint, but restored with honour, freedome, and safety, may gather new strength, with the help of the Popish, Prelaticall, and Malignant party, for hindering the setling of Religion and peace according to the Covenant ; which we have the more reason to fear and appre- hend, his Majesty still retaining his old principles, and having not long since professed and declared that he is obliged in conscience to improve that power which God shall put in hands for the establishing of Episcopacy. ' 4. There are in the said Declaration diverse particulars highly concerning Religion, determined and resolved vpon without the advice and consent of the Generall Assemblie or their Comissioners ; which is a great prejudice to the just interest and liberties of the Kirk. ' 5. We doe not find in the said Declaration all lawfull and possible wayes of peace, and, namely, by Treaties (as before in 1639 and 1640), endeavoured or sought after before an Engagement in warre ; which method we conceive to be necessary as well by common and naturall equity as by the Word of God, and especially between two Kingdoms vnited by Solemne Covenant. ' 6. The Declaration holds forth no resolution of Parliament for opposing and suppressing of the Popish, Prelaticall, or Malignant party, if they rise againe in armes, but only against associating or joyning forces with them, and not so much as that, except with limitations, in case they be refusers to swear and subscribe the Covenant ; and in case they rise in 2 L 530 PROCEEDINGS OF COMMISSION [5 may armes to oppose or obstruct all or any one of the ends of the Covenant. Whereas it may be easily foreseen that if the Popish, Prelaticall, or Malignant party rise againe in armes in England, they can not only conceale their inten- tions against the ends of the Covenant, but also be easily exempted from being reckoned refusers of the Covenant, the Covenant not being now imposed vpon them ; and being once suffered to rise in armes (as some ar already), may grow so strong as that it will be very hard and difficult to suppresse them. ' 7. Whereas we have, insisted for satisfaction to our consciences concerning the persons to be entrusted with the managing of the warre, and " that non may be employed in Comittees and Armies but such as have given constant proof of their integrity and faithfulnesse, and against whom there is no just cause of jealousie, That so we may the more confidently encourage our flocks to follow the Cause of God in their hands : " The Declaration, instead of satisfying this Desire, doth avoyd and keep off from these qualifications desired by ws, and so leaves a latitude for employing such as these qualifications do not agree to. ' Finally. As we neither were nor are against an engagement if once satisfied in the grounds of vndertaking and manner of proceeding, and the other particulars expressed in our former papers ; So, for the reasons before mentioned, and diverse others, fully expressed in our Representation vpon the Declaration, wee judge the present Engagement, as it is stated, vnlawfull, and trust that all the well affected in the Kingdome will make conscience of their solemne vowes, and will be cairfull, by the grace and assistance of God, to keep them selves from being ensnared and carried alongst in any course contrary to the Covenant.' Letter to ' Reverend and loving brethren, — We have sent vnto yow Presbyteries of heirinclosed a Short Information (vntill yow receive a more full Advyse con- t ... cerningthe and large one) which yow will be cairfull with all convenient Engagement. S p eec j ^ Q ma k e known vnto your people, and to disperse copies therof to preserve them from being ensnared by the specious pretences of men. And becaus the Honorabill and High Court of Parliament have proceeded toward ane Engagement in a warre, wherein Religion is so neerly and highly concerned, before satis- 3i may] OF GENERAL ASSEMBLY, 1648 531 faction given vnto ws (who are entrusted by the Generall Assembly in the publict affairs of the Kirk) in the lawfulnesse and necessity of the cause and quarrell, and in our other Desires presented to their Lordships, Therefore, according to the trust comitted vnto ws, we doe advertise and advyse yow that every on of yow with-draw your selves from giving any assist- ance or concurrance in any way to their proceedings in that Engagement, and specially that yow neither send any of your number forth to attend their forces, nor yet read, or allow any others to read, any ordours or papers concerning the advance- ment of their present Engagement, as yow will be answerable to the ensueing Assembly. So praying God to give yow vnder- standing in all things, and make yow strong in the Lord and in the power of his might, against all temptations of the tyme, We remain 6 Your loving brethren, The Comissioners of the Generall Assemblie. Edinburgh, Subscribitur, Maij 1648. Mr. Robert Douglas, Modr." 1 The Comission of Assembly heirby warrants and appoynts Warrand for the Clerk to publish, either in writt or print as he shall find ^1!?^! most convenient, the Declaration past in the fornoon, as also all the other papers whervnto it relats, and to send the same with diligence to Presbyteries ; And further warrants him to publish aither in writt or print, any vther papers that shall be here after emitted in relation to the publick bussines for further clearing of the whole proceedings therin. Edinburgh, vltimo Maij 1648, post meridiem. Sederunt .-—Ministers. — Mr. Robert Douglas, Moderatour. Mr. Patrik Sibbald : Mr. Alexander Dicksone : Mr. Walter Bruce : Mr. Francis Aird: Mr. John Ramsay: Mr. Patrik Gillaspie : Mr. David Dickson: Mr. George Leslie : Mr. James Hamiltoun : Mr. Alexander Spittle : Mr. John Smith : Mr. Zachary Boyd : Mr. James Guthrie : Mr. William Livistoun : Mr. John Neve: Mr. James Mairtein : Mr. Bernard Sanderson: Mr. Ephram Melvill : Mr. Robert Blair : Mr. Andro Fairfoulj : Mr. George Gillaspie : Mr. Mungo Law : Mr. Robert Birnie. Elders. — Lauderdale : Angus : Balmerino : Lord Craighall : Libbertoun : Sir James Stewart. 532 PROCEEDINGS OF COMMISSION [i JUNE The petition of the Lord Rae and his sone read, the Comis- sion continues to give answer to it vntill the morne. The nixt meeting the morne at 10 houres. Mr. Samuel Douglas re- moved from the Commis- sioun. Letter from Paislev. Edinburgh, 1 Junij 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. James Guthrie: Mr. John Adamson : Mr. George Gillaspie : Mr. George Lesly : Mr. Alexander Spittle : Mr. Ephram Melvill : Mr. Alexander Livistoun : Mr. Bernard Sanderson: Mr. John Neve: Mr. Zacharie Boyd: Mr. Francis Aird : Mr. Robert Blair: Mr. James Martein : Mr. Fredrick Carmichaell : Mr. David Fletcher : Mr. John Smith : Mr. Samuell Douglas: Mr. Oliver Colt : Mr. AVilliam Colvill : Mr. Mungo Law: Mr. Robert Lawrie: Mr. Alexander Dickson : Mr. George Bennet: Mr. George Murray : Mr. George Hutcheson : Mr. John Hamiltoun : Mr. James Nasmith : Mr. Robert Birnie : Mr. John Ramsay : Mr. William Livistoun : Mr. Patrik Gillaspie : Mr. David Dickson : Mr. Hew Mackall. Elders. — Lord Angus : Libbertoun : Lawrence Henderson : George Porterfeild. The Comission, vnderstanding that Mr. Samuell Douglas is vnder processe befor his Presbytery, not yet cleared, Doe therfor remove the said Mr. Samuell, and debar him from any place in this Comission vntill he be cleared. And, in respect that Mr. Samuell is not yet tryed, The Comission thinks fitt that the wholl matter be referred to the nixt Generall Assembly now approaching, and that the Presbyterie of Chirnsyd cite any necessary witnesses, and Mr. Samuell warned heirof apud acta. Letters produced from Paisley and Ersletoun, with their petitions to the Parliament. Tenor of the letters followes : — ' Right reverexd and beloved brethrex, — Our hearts blisseth God in your behalff for your faithfulnes and vigil- ancie in that whilk is intrusted to vow, especiallie for your seasonable and tymous warning given to ws in thir times of tentatioun, and in furnishing ws with information so full of light and convincing cleirnes, whilk as it lies been most profit- able for our selfs, so we sail endeavour to make knowne to the people of our flocks as the Lord shall assist ; We have resolved to supplicat the Honorabill Court of Parliament against this present Engadgment, and have sent our Commissioners, Mr. James Tailyeour, and the Laird of Barochane, to present the samen to their Honours, whom we doe earnestly intreat ye would countenance therin if ye think fitt, and withall that ye wald continew in furnishing ws with information in publick i JUNE] OF GENERAL ASSEMBLY, 1648 533 matters of so great concernment. As we shall be readie to give obedience to all your directions, so praying the Lord to con- firme your hearts and strengthen your hands in this his great work, We rest 4 Your loveing brethren, Paslay, The Presbytery of Paslay. 25 Maij 1648. Subscribltur, Mr. H. Peblis, Moderatour.'* 4 Reverend and beloued brethren, — It was only the want better from . .-i-ii i • • Presbytery of of a fitting oportunitie that hath made ws so slow in returning Ersletoun. vnto yow a report of our diligence in reading of the Declara- tion, emitted in March last, which, as it was very seasonable in it self, so was it very heartily intertained by all of ws, and read publictly from our pulpits the first Lords day after the same came to our hands. We have severall tymes since receaved very tymous and seasonable information from yow concerning your proceedings, and the condition of publick affaires, which hath been verie vsfull vnto ws and our people to keep ws free of snares in this day of temptation. And, therfore, we cannot but looke vpon your faithfulnes and zeale in the discharge of the trust comitted vnto yow with very much joy and gladnes of heart, especially in those things that doe concerne the warre stated in the Declaration of the Parliament, To which we resolve (as not being satisfied in our consciences) to give no coun- tenance nor concurrence, aither by preaching, or prayer, or wtherwyse, bot to warne our people of the evill and danger therof ; Therefore for the further discharge of our consciences we have sent some of our number with an supplication to the honorabill Estates of Parliament, by way of returne to thair Lordships letter, the 11 of May, whom we doubt not but ye will countenance and assist in the presenting therof. So pray- ing Jesus Christ our Lord to continue and multiplie his Spirit vpon yow for doing of your duetie resolutelie and boldlie, we rest 4 Your affectionat brethren of Basindine, The Presbyterie of Erslington, 24 of Maij 1648. Subscribltur, Mr. J. Vetche, Cls. Prij: This day divers brethren came from diverse other Presby- other Presby- teries shewing the Comission they had petitions from their teries that sent 534 PROCEEDINGS OF COMMISSION [i JUNE Petitiones to Presbyteries to the Parliament concerning the present Engadg- ment, viz., from Penpont, Irwin, Lanerk, Air, Ocherardour, Bigger, Hamiltoun, Glasgow, Lithgow, and from Edinburgh and Dalkeith joyntly, and the Comittee of the warre of that shyre ; as also the brethren of Edinburgh Presbytery shew they had a petition to present to the Parliament in answer to their Lordships letter sent to Presbyteries. Appoyntment The Comission appoynts Messrs. John Adamsou, James the P Pe S Utionfor Guthrie, Andro Fairfoull, George Leslie, Libbertoun, Sir Glasgow. James Stewart, Lawrence Henderson, to present to the Parlia- ment a petition for the distressed town of Glasgow. Tenor whereof folio wes : — The Petition to the Parlia- ment for the distressed people in Glasgow. 6 The Supplication of the Comissioners of the Generall Assembly vnto the High and Honor abill Court of Parliament, i Humbly Sheweth, — 4 The greef and deep sorrow of our hearts, arising from the sense of the hote sparks of the Lords apparent wrath, and from the fear of his further just displeasure, least according to his threatning he sould spew this land out of his mouth, and bring all the curses of a broken Covenant on it, not only for the former coldrife affection to his cause and slighting of his oath, but also for ther deceitful dealing in his Covenant ; which by degrees have come to such a measure of defection that, except God speedily provyd remedy, it is now most likly that every Malignant and disaffected person to the power of Religion and Reformation, and who have lifted banner against the people of God, standing for the Covenant, and have shed their blood, shall have more safe being, more countenancing and encourag- ment in this land then they who have been most constant in Gods Cause, and doe still make most conscience of the Solemne League and Covenant. For what lesse can we fear when we consider that the forces already on foot are about to force men either to rise them selves, and thrust out others tow r ard this warr, without having any other satisfaction to their consciences save your Lordships Ordinance, or els to resolve to brook nether office nor livelyhood in this land ? And of this we have i JUNE] OF GENERAL ASSEMBLY, 1648 535 no small evidence in this sad preparative past in diverse places of the land, especially vpon the towne of Glasgow, who, with the rest of the congregations within the bounds of their Synod, being on the way of supplication to all who might most orderly make it knowne to this High Court, that their not levying of men did proceed not from any contempt, but from want of satisfaction to ther consciences, are quartered vpon by diverse troupes of horss and regiments of foot; The burding lying only vpon such as are knowne best affected to the Covenant, and, namely, the Magistrate and Counsal, of whom about the number of tuentie have lyeing in their houses, and vpon their pay, at excessive rate, to the number of about tuo hundred men and fourscoir horse, as we are informed, and all now in their owne persons cast in prison in the Tolbuith of Edinburgh, of whom some are infirme and old, all of them tho honest men, yet of small meanes ; Some of them have their houses and merchand shops plundered, and sindrie of them tradsmen who must quickly give vp houskeeping, being thus exhausted, and what the rest of the land expect who are in the same condition of vnsatisfaction about the way of this Engagement. Wee therfor, being bound in conscience toward them who suffer in this sort, doe humbly request that the Magistrats of Glasgow now laying in prison may be liberat and set at freedom, and their houses, with others in the like condition, may be releived of such in- supportable burden, and some other course may be thoght vpon by your Lordships then thus to force Gods people either to sin or suffer such hard things." The Comission, having read a letter sent from the Parlia- Committee for ment to Presbyteries 1 wherin their proceedings are much Pa"uamenfs the letter and of Major Turners i The following is the letter referred to :— Glasgow? 6 " ' Right reverend, — The many scandellis that are throwne vpone our actiones by the favoureris of sectaries and the haiteris of the persone of our king and of monarchicall government invites ws to the extraordinary addresse to yow, conjureing yow as yow will ansuere to the great God whose servands yow are not to suffer yourselves to be possest with vnjust and vndeserved prejudices against ws and our proceedinges, who have since our laite meeteing in parlia- ment preferred no earthlie thing to our dewties to Religion and the promoveing of all the ends of our Covenant, and have constantlie vsed all real! endeavours to have caried on our said dewties to the satisfactione of the most tender con- sciences, and especiallie by our great compliances with the many desires from 536 PROCEEDINGS OF COMMISSION [i JUNE reflected vpon, therfore appoynts Messrs. David Calderwood, David Dickson, Robert Blair, Samuell Rutherfurd, Robert Ramsay, James Hamiltoun, George Gillaspie, Fredrick Car- michaell, John Knox, John Smith, James Gutterie, to be a the Comissioners of the Generall Assemblie. Wee have proceeded to greater discoveries of our resolutiounes in the waves and meanes of manadgeing this present service then possibly in prudence wee ought to have done, haveing so neere and active enemies to oppose ws ; neither can it by any with treuth and justice in any soirte be alledged that we have in the least measure wronged or violated the true priviledges and liberties of the Church, or any wayes taken vpon ws the determinatioune or decisioune of any mater of faith or Church discipline, though wee be vnjustlie charged with taking an antecedent judgment in maters of Religion, vnder the pretense whereof great encrochmentis are maid vpone our vnquestioned rightis. For what can be more civill then to determine what civill dewtyes wee ought to pey to our king, or what civill [power] he ought to be possessed of? And if wee meet with obstructiones and oppositiones in the carieing on of these dewties, are wee not the only judges therevnto ? Is there any vther authoritie in this kingdome but that of [King and] the parlia- ment and what flowes frome them that can pretend anie authoritative power and choyse of the Instrumentis and manageris of their publict resolutiones? Is it a subject and theme for the dispute of Churche judicatories whither his Majestie hath a negative Voyce in parliament or not? Those certanelie cannot be pretended [to] by any churcheman without a great vsurpatioune over the Civil magistrate, whereof wee are most confident the Church of Scotland nor any judicatorie thereof will never be guiltie, nor fall into the Episcopall disease of medling with civill effaires. And if any have alreddie in those particularis exceeded their bounds, Wee expect the ensueing generall Assembly will censure it accordinglie, and prevent the vilifying and contemning of the Authority of parliament by any of the Ministry, either in or out of their pulpits, or who shall offer to stirr vp the subjectis of this kingdome to disobey or deny to give civill obedience to their lawes, it being expresley prohibited by the 2 d and 3 d actis of James 6 th his eight Parliament in Anno 1584 That none of his Majesties subjectis vnder paine of Treason impugne the auctoritie of Parliament. And therefore seing this cause is the same for which this kingdome hath done and suffered so much, And that wee are resolved to proceed for the preservation and defence of Religion before all other interest whatsoever, and to cary on sinceirly, reallie, and constantly the Covenant and all the endis of it, as yow will find by our declaration heirwith sent yow : Wee doe confidentlie expect, That as the Ministeris of this kingdome have ever hitherto beene most active and exemplary in furthering the former expeditiones, So now yow will continue in the same Zeall to stirr vp the people by your preaching and prayeris and all vtherwayes in your Calling to a cheerfull obedience to our orders and engadgeing in this bussines ; And that yow will not give soe great advantage to the enemies of presbyteriall government and bring so great a scandell on this kirk as to oppose the auctoritie of Parliament or obstruct their proceedinges in their necessary dutyes for Religion, their king, and his royall posteritie, and true peace and happines of his dominiones.' — Acts of the Parliaments of Scotland, vol. vi. pt. 2, pp. 86, 87. i JUNE] OF GENERAL ASSEMBLY, 1648 537 Comittee to consider of a vindication to be drawen for clear- ing the Comission of these aspersions in the Parliaments letter ; As also appoynts this Comittee to give their opinions concern- ing Major Turners cariage in Glasgow. 1 This day their being produced a letter from the Provinciall of Murray with a petition to the Parliament, The Comission appoynts Mr. John Smith to present the petition to the Par- liament. Tenor of their letter folio wes : — ' Right reverend and dear brethren, — The Declaration Letter from the emitted by your wisdomes latelie hes been pervsed be ws, your Murray!^ brethren of the Province of Murray, both in private, and in our congregations publickly ; Be the which Declaration we doe evidentlie perceive the good hand of our God goeing alongst with yow, his watchmen, for wakening, warning, and informing of all sorts of persons in all ranks within this Kirk and King- dome, which yeelds ws abundant mater of prase to him who sitts amongst the golden candlesticks, and also to blesse his name in your behalff who hath put such happie motions in your hearts, testified by your pious zeale for his glorie, your 1 Turner had been sent to Glasgow with a regiment of foot and three troops of horse ' to reduce it to obedience ' to the Parliament. He says, ' At my comeing there I found my worke not very difficil ; for I shortlie learned to know, that the quartering two or three troopers and half a dozen musketeers was ane argument strong enough, in two or three nights time, to make the hardest- headed Covenanter in the toune to forsake the Kirk and side with the Parlia- ment.' Finding that notwithstanding his prohibition Dickson on the Sunday afternoon ' railed maliciouslie against both King and Parliament,' he felt obliged to command all his ' officers and sojors to go presentlie out of the Church.' . . . 'This,' he adds, 'was that great and well neere inexpiable sinne which I committed against the sacred soveraigntie of the Kirk, for which all members were so implacable and irreconcileable enemies to me afterwards.' This is Sir James Turner's jaunty account of the matter in the Memoirs of his own Life ajid Times, pp. 53, 54. Baillie's account of the same matter is, ' Some regiments of horse and foot were sent to our towne with orders to quarter upon no other but the magistrates, council, session, and their lovers. These orders were exerced with rigor. On the most religious people of our own town huge burdens did fall. On some 10, on some 20, on others 30 soldiers and more did quarter ; who, beside meat and drink, wine and good cheer, and whatever they called for, did exact cruelly their daily pay and much more. In ten days they cost a few honest but mean people 40,000 pounds, besides plundering of these whom necessity forced to tiee from their houses. Our loss and danger was not so great by James Graha?ne {i.e. Marquis of Montrose). — Baillie's Letters, vol. iii. pp. 47, 48. 538 PROCEEDINGS OF COMMISSION [i JUNE constant courage for his trueth and vndoubted fidelitie to his cause at such an straight of time, when Sectaries and Hereticks abroad, and privat and publick Malignants at home, ceaseth not to threaten, plott, and by might and mischief labour the overthrow (at least the interruption) of the Lords worke, of this holie Reformation in thir three (happilie) vnited Kingdomes. Reverend brethren, as we declare hereby our judgment to be fullie satisfied with all set furth in that pious, zealous, and prudent Declaration of the Church vnder your hands, so shall our affections be still for prosecuteing therof, and our lives, with all that is dearest vnto ws, shall be ready to be consecrated for the lawdable ends of the Solemne League and Covenant where- with God hath mervellously blessed these Kingdomes, whervnto this Declaration hath expresse reference ; Neither shall we cease to carie burthen for yow before the Lord, who have shewen your selves couragious for the trueth in the day of try all. Earnestlie praying that His Majestie will be pleased still to assist your wisdomes with his Holy Spirit in discharging that high trust committed to your care, that yow may prove the Lords continuall remembrancers sett on the walles of his Israeli, giveing alwayes seasonable warning, for informing of the ignorant, confirming of the strong, and stoping of the malitious mouthes of Sions enemies, while Jerusalem be made ane praise on earth, to his eternall glorie who is Head of his Church, and to your long lasting honour in blissed memorie with pious posteritie, for standing in the gappe to make vp the breach threatning ruine (at least great prejudice) to the Lords vineyaird ; and for your pious, zealous, and vncessant paines heirin, wee doe (by this, our reverend brother, Mr. Joseph Brodie, directed for that effect) rander to God and to yow our most heartie thanks : Promiseing still to adhere to yow in your holy proceedours and never cease to supplicat the Lord for an happie successe to your godlie travells, which is the oblieged duetie of Your most affectionat brethren and fellow-labourers in the Lord, The brethren of the Province of Murray. Subscribitur, Elgin, the Mr. William Clogie, Mode* for the tyme 20th Maij 1648. of the Provinciall Assemblie of Murray' i JUNE] OF GENERAL ASSEMBLY, 1648 539 This day a letter from the Presbyterie of Forres also read ; Tenor wherof followes : — 4 Right reverend, — Amongst the manifold mercies of God Letter from towards this afflicted land, it is not the least that he hath of Forresse!' keept our Kirk judicatories in a sweet harmonie and keept yow in a straight course in the midst of changes of time, and giving constancie and courage to owne the cause of our Lord and Master against so manie and so strong tentations ; We cannot but heartily praise the Lord in your behalfF and beseech him to encrease and continew his grace in yow more and more that his worke may prosper in your hands. It was no small confort to ws when we received your last Declaration ; We have accord- ing to your Act red it and commended it to our people. As it came be the providence of God in a seasonable time, so we trust by the blissing of God it shall produce some good effect to the vndeceiving of manie of the Lords people. This, our thankfull acknowledgment and diligence, we thought fittest to be returned by one of our owne number, Mr. Joseph Brodie, who is a faithfull and well affected brother and constant in the cause of our Lord and Maister. Exspect your reward from the Lord and from ws continwance of daylie prayer to the Lord for strength to yow for the advancement of his great worke, which he will perfite and bewtifie against all opposition how great so ever. The grace of the Lord be with yow. Yours most aftectionat brethren and fellow labourers in the Lord Jesus. Subscribitur, Forres, The Presbyterie of Forres at our command, April 23, 1648. WlLL# Falconer, Mod 1 ? The nixt meeting at 2 houres. Eodem die ', post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. George Gillaspie : Mr. Patrik Gillaspie : Mr. George Hutchesone : Mr. John Hamiltoun : Mr. John Neve : Mr. James Fleeming : Mr. Hew Mackell : Mr. Oliver Colt : Mr. Thomas Kircaldie : Mr. George Murray : Mr. David Fletcher : Mr. Thomas Vassie : Mr. Robert Cuninghame : Mr. Andro Fairfoull : Mr. James Nasmith : Mr. David Dickson : Mr. John Smith : Mr. James Gutterie : Mr. Zachary Boyd : Mr. Robert Birnie : Mr. Francis Aird : Mr. Ephram Melvill : Mr. Alexander Spittle : Mr. 540 PROCEEDINGS OF COMMISSION [i JUNE David Graham. Judgment of brethren con- cerning the Engagement. Warrand for citing Major James Turner. John Wilkie and Mr. Robert Ker : Mr. Fredrick Carmichaell : Mr. Walter Bruce : Mr. Bernard Sanderson : Mr. Patrik Scheill : Mr. John Hay : Mr. Alexander Casse : Mr. Alexander Livistoun : Mr. George Bennet. Elder. — Lawrence Henderson. The Report of the Presbytery of Ochterardor and the brethren adjoyned to them concerning David Grahames report being read, The Comission againe refers the said matter to the said brethren, giving them power to relax the said David as they shall find reasonable, and recomends to them to take a particular acknowledgment of his offenses vnder his hand, and that he satisfie publikly and in sackcloth ; and to report their diligence to the nixt Assembly. This day the Comission having particulate asked at the brethren their judgment concerning the present Engagement and their cariage with their flocks in informing them of the vnlawfulnes therof, as also the cariage of the brethren of their Presbyteries therein, The Comission fand that in the Presby- terie of Pasley Messrs. Mathew Birsbane and Robert Birsbane did declyne to testifie their dissent from the present Engage- ment, which is recorded in their Presbyterie Bookes, and the brethren of Edinburgh declared that tua of their number, Messrs. Andrew Ramsay and William Colvill, had not yet expressed their dislyke to the present Engagement : Which the Comission desired to be recorded in their Bookes, and recom- mended to Presbyteries to doe their further diligence therein. The Comission of the Generall Assembly appoynts Major James Turnor to be cited to appeare before them the sixth day of J unij nixt to answer for the tumultuous goeing out of the Kirk of Glasgow vpon the last Sabbath, being a day of humiliation, and calling others out of the kirk whilst the minister wes preaching, and for disturbing at that time Gods people, and interrupting divyne service, and for vpbraiding and revileing the ministers of the said towne publicklie, and other most scandalous miscariages the said day, as also to cit witnesses to appear the said sixth day of Junij to bear witness in the said mater in sua far as they know or shall be speared at them. Concerning the report from the Presbyterie of Chirnsyde tutching John Wilkie and Mr. Thomas Ramsay, the Comission 2 JUNE] OF GENERAL ASSEMBLY, 1648 541 continues the mater vntill Tuesday, and appoynts them to be Thomas Ramsay. advertised heiroi. The nixt meeting the morne afternoon. Edinburgh, 2 Junij 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Robert Blair: Mr. Bernard Sanderson : Mr. George Murray: Mr. David Fletcher : Mr. Zachary Boyd: Mr. John Hamiltoun : Mr. George Bennet : Mr. Alexander Dickson : Mr. John Neve : Mr. George Lesly : Mr. James Marten : Mr. Francis Aird : Mr. Ephram Melvill : Mr. Robert Ker : Mr. Oliver Colt : Mr. Patrik Scheill : Mr. Andro Lauder : Mr. James Nasmith : Mr. David Calderwood : Mr. Fredrick Carmichaell : Mr. Thomas Kircaldie : Mr. Alexander Spittle : Mr. Alexander Casse : Mr. James Guthrie : Mr. Samuell Rutherfurd : Mr. William Penman : Mr. Mathew 1 Mackaell : Mr. George Hamiltoun : Mr. Robert Birnie : Mr. William Colvill : Mr. Patrik Gillaspie : Mr. George Lesly: Mr. James Fleeming : Mr. Andro Fairfoull : Mr. John Smith: Mr. Robert Cun- nynghame : Mr. John Ramsay, Elders. — Lord Angus : Sir James Stewart : Lawrence Henderson, Letters this day presented by Mr. Robert Young from Perth, another from Dumbartan with a petition to the Parlia- ment, and Mr. Alexander Spittle and Alexander Murray, Robert Ramsay, and John Hamiltoun appointed to assist them. Tenor of the letter followes : — 4 Reverend axd loving brethren, — We acknowledge our Letter from selfes greatly oblidged to thanke God for all your paines and ^pg^" 6 caire ye have had in the effaires of this Kirk, especiallie in dis- covering to ws, by your letters and printed papers sent, approvin and made vse of be ws, according to your desire ; The dangerous courses against Religion that are caried on vnder such faire pretextes for Religion, whereby we are so sensible of the present dangers to Religion and the Covenant that we wer vnanimously constraned out of conscience to represent our feares and dangers, not only by ane petitione framed for the Comittee of the shyre, which we could not gett opportunity so much as to present, the reasons whairof our brother, Mr. Robert Young, sent heirwith can more fully declair ; bot also by an humble supplicatioun to the honorabill Estates of Parliament for remedy of our present feares and dangers, which we desire yow to take to your consideration, and if ye shall find it con- venient to be presented at this tyme, your wisdomes wold concur 1 Sic, for Hezv. 542 PROCEEDINGS OF COMMISSION [2 JUNE and assist our brother in his addresse and giving in the same to the Parliament. And we are confident that as yow have been, by Gods grace, faithfull, zealous, and wyse in the work of the Lord, for the treuth already, to the great confort and joy of all the well affected and lovers of the treuth, so the same grace of God shall, according to our hearty prayers to God, cary yow on to doe that which is best and acceptable to him in Christ, and confortable to his people, to the convincing of all the enemies of the treuth, and bring this work to an happie closour through the good hand of God vpon yow, to whose grace we commend yow and your weightie eff aires. Remaining ' Your loving brethren in the Lord. Subscrib tur, At Perth, the Alexr. Rollok, Moderatour 31 ofMaij 1G48. for this present.' Letter from ' RlGHT REVEREND AND BELOVED BRETHREN, As we Cannot ^Dumbarton. DO * Dnsse God for yow, acknowledging in all thankfulnes your faithfulnes, diligence, and vigilancie, the fruit wherof yee have been pleased to comunicat to ws by sending frequent and full informations wherby we are made acquaint with the present posture of affaires as they relate to Religion, So we thought it our duety by thir presents to give yow assurance of our full and vnanimous resolution to joyne with yow and adhere vnto your declared judgment in these things representit vnto ws, having heartily in our owne judgments appro vin your proceedings as yee have reportit the same vnto ws ; And for a present testi- mony publick of the firmnes of our said resolutions we have given comission to the beirar, our brother, with your advyse and asssistance, to present a supplication to the honorabill Court of Parliament in our owne names and in the names of the severall congregations wherof we have the oversight, quhilk our supplication ye will be pleasit to take notice of and (as yee find agreeable to your owne judgments and declared resolutions) give your concurrence in presenting the same, that so at least our testimony at this tyme with that of others, the faithfull of the land, may be manifest, that Malignants may be out of hope of approbation of ther way from any of ws, and the well affected may have full assurance of our constancie and integrity 2 JUNE] OF GENERAL ASSEMBLY, 1648 543 in the cause of God, to whois blissing and assistance recomend- ing the work in your hands and your selfes in the carying on of it, We doe remain 4 Your affectionat and loving brethren of the Presbytery of Dumbartan, Subscry vand be our Moderator in our name. Dumbartan, the Subscribitur, 30 of Afaij 1648. Mr. Alan Ferguson, Moderator! 1 This Comission appoynts Mr. George Ilamiltoun to pray this day, and Mr. George Hutcheson the morne in Parliament. Mr. William Colvill having declared that yet he wes not Mr. William clear in his judgment concerning the vnlawfulnes of the Engagement, The Comission resolve to thinke vpon the mater at 3 afternoon. The nixt meeting afternoon. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. James Fleeming : Mr. John Smith : Mr. Robert Ker : Mr. Francis Aird : Mr. Andro Lawder: Mr. George Hutcheson: Mr. John Hamiltoun : Mr. John Neve : Mr. Robert Ramsay : Mr. George Gillaspie : Mr. James Hamiltoun : Mr. Alexander Livistoun : Mr. Ephram Melvill : Mr. Wil- liam Colvill : Mr. David Calderwood : Mr. Alexander Casse : Mr. William Penman : Mr. Bernard Sanderson : Mr. Robert Birnie : Mr. Zachary Boyd: Mr. James Gutterie : Mr. Patrik Gillaspie: Mr. Thomas Kirkcaldie Mr. Andro Fairfoull : Mr. George Murray : Mr. David Fletcher : Mr. Thomas Vassie : Mr. Robert Cunyngham : Mr. Fredrick Carmichell. Elders. — Lord Angus : Sir James Stewart : Craighall : Lawrence Henderson. The Comission appoynts Mr. Andro Lawder to preach for Mr. George Gillaspie. Letter from the Presbytery of Air produced concerning the planting the kirk of Air with a collegue ; Tenor wherof followes : — ' Right Reverend, — In answer to your letter concerning the Letter from planting of the kirk of Air where vnto your w. [wisdomes] o^^concern- pressed ws, we thought fitt according to your desire to report ing the planting our diligence heirin, and doe by these signifie vnto your w. acolleguet ere ' [wisdomes] that this day we have concluded that bussinesse concerning the planting of the said kirk, and that the same 544 PROCEEDINGS OF COMMISSION [2 JUNE shall be acceptable to your reverend w. [wisdomes] and also approven by vow is the expectation of c Your loving brethren, The Presbytery of Air, by Subscribitur, W. Fullertox, Moderator. Mr. R. Sprule, Clerk? ' The brother whom by transportatioun we have agreed vpon by act is one of our owne number. 1 Mr. William The Comission appoynts Messrs. David Calderwood, David Dicksone, Robert Blair, Robert Ramsay, Samuell Rutherfurd, John Smith, James Guthrie, Robert Ker, Fredrick Carmichaell, George Lesly, Lord Angus, Sir James Stewart, with the Moderator, to be a Comittee to considder of the bussines con- cerning Mr. William Colvill ; as also to consider what is fitt to be done by Presbyteries with any of their number who doe not declare themselves against the present Engagement, and to report their opinions. This day brethren from the Presbyteries of Lanerk, Drum- freis, and Couper shew that they had petitions to the Parlia- ment in relation to the publick bussines. Mr. Thomas The Comission of the Generall Assemblie, considering the Ramsay. petition presented by Mr. Thomas Ramsay, minister at Fouldon, Doe resolve vpon Wednesday nixt to take the report of the Presbyterie of Chirnsyde in the mater betuixt John Wilkie of Foulden and the said Mr. Thomas to their cognition without more delay, intimatioun being given heirof to the said John Wilkie by the said Mr Thomas. The nixt meeting vpon Monday at 2 houres. Edinburgh, 5 Junij 1648. Sederunt .-—Ministers. — Mr. Robert Douglas, Moderatour. Mr. George Hamiltoun : Mr. George Murray : Mr. Robert Ramsay : Mr. J ohn Neve : Mr. George Hutcheson : Mr. George Gladstons : Mr. Andro Lawder : Mr. Hew Mackall : Mr. Robert Blair : Mr. Bernard Sanderson : Mr. John Adamson : Mr. James Nasmith : Mr. Patrick Gillaspie : Mr. David Calderwood : Mr. Zachary Boyd : Mr. George Bennet : Mr. William Livistoun: Mr. John Hamiltoun: Mr. Robert Birnie : Mr. John Ramsay: Mr. George Rutherfurd : Mr. John Smith : Mr. James Gutterie : Mr. Fredrick Carmichell : Mr. Alexander Dickson : Mr. James Hamiltoun : Mr. James Martene. Elders. — Libbertoun : Sir James Stewart : Lawrence Henderson. 5 JUNE] OF GENERAL ASSEMBLY, 1648 545 The Comission of the Generall Assembly recomends seriouslie Recommenda- to Presbyteries to take speciall notice and try all of every teries concern- brothers cariage in the publick bussines, That if any be found, do^^decfare who either doe not declare them selves against the present themselves Engagement, or that doe not joyne with their brethren in their Engagement, comon resolutions against it, or that give not publik informa- tion to the people of the vnlawfulnes therof, they may be referred to the nixt Generall Assembly ; And if any of them have already declared them selves for it, that they be presently censured. The Comission of the Assembly vnderstanding that Mr. Mr. William William Colvills cariage in relation to the present Engagement Colvi11, is taken notice of by the Presbyterie of Edinburgh, Therefore doe remitt to the said Presbyterie to doe with him according to the general recommendation sent to Presbiteries. The Comission appoynts Mr. James Gutterie to pray the morne in Parliament. The nixt meeting afternoon. Edinburgh, 6 Junij 1648, ante meridiem. Sederunt: — Minsters. — Mr. Robert Douglas, M oderatour. Mr. Robert Blair: Mr. Robert Ramsay: Mr. George Gillaspie: Mr, John Smith : Mr. Alexander Dickson : Mr. William Penman : Mr. Alexander Livistoun : Mr. Fredrik Carmichaell : Mr. John Ramsay: Mr. George Hutcheson : Mr. John Hamiltoun : Mr. Hew Mackall : Mr. William Livistoun : Mr. David Calderwood : Mr. David Dickson : Mr. Samuell Rutherfurd : Mr. Johne Adamson: Mr. Alexander Spittle: Mr. Robert Knox : Mr. Oliver Colt : Mr. George Hamiltoun : Mr. George Bennet : Mr. Francis Aird : Mr. George Rutherfurd : Mr. Patrik Gillaspie : Mr. Robert Birnie : Mr. James Marteine. Elders. — Lord Angus: Lord Craighall: Dundas : Sir James Stewart. The Comission appoynts the letter following to be written to Mr. Hew Henderson to goe presently to his charge at Drumfreise : — 6 Right and well beloved brother, — When we consider the Letter to present necessitie and perill of that great congregation of Henderson Drumfreis (to which yow are called) in this tyme of your absence from them, We doe apprehend that they are in danger to be scattered as a flock without ane sheepheard ; And therfore doe exhort and requyre yow in the name of the Lord (as now countable to Him for that your charge) that with all diligence 2 M 546 PROCEEDINGS OF COMMISSION [6 JUNE yow whollie apply your self to the ministrie there, and reside amongst them, according as yow were ordainit in the last quarterlie meeting, which Ordinance we are confident yow will not faill to accomplish and obey with all possible haste vpon this double call of our earnest and faithfull adver- tisment, and the extreme need of that people in this perillous tyme. So, beseeching the Lord to be with yow and to blesse yow in that your charge, we rest, Your very loving brethren, Edinburgh, The Commissioners 6 Junij 1G48. of the Generall Assembly." A letter presented from Pebles with a petition to the Par- liament. Tenor of the letter followes : — Letter from 4 RlGHT REVEREND AND WELBELOUIT IN THE LORD, As we Peebles cannot but acknowledge your zeale for God and constancie in his worke, in giving so many tymeous and seasonable warnings in these backsliding tymes, So we cannot bot take speciall notice of your cair towards ws by your directions and counsalls, whereby we are much confortit and confirmit in our Lords work. And now to give your wfisdomes] some accompt of our diligence : The Declaration sent to ws from your wfisdomes] hes been read in all the congregations within our bounds, and efter speciall tryell we have found non who with drew them selves at the reading therof. The short Information and the Representationes are dispersed among ws. We have not only our selves both by word and wreat, but also our severall congregations hes petitioned the Comittee of Warre within the shyre to desist from the present vndertakings, and receaved this answer from them, that they should not only acquaint the Parliament with our petitions, bot also mediat with their Lordships that Religion might be secured and the Desires of the Kirk satisfied. And fearing these petitions hes not been remembred, we have sent our brother, Mr. Patrik Fleeming, with our humble supplication to the honorabill Court of Parliament for the samen effect, And sail not cease to pray to the Lord that these and other the indeavours of his faithfull servants may prove helpfull in these tymes of tryell. 6 JUNE] OF GENERAL ASSEMBLY, 1648 547 Thus recomending both your persons and labours to God and to the Word of his grace, we rest 8 Your very loving brethren in the Lord, From our Presbytery SubscriUtur Mk . p. Fumm Ch . g _ at Peoles, _ ' _ 5 Junij 1648. ^ command of Presbytery . The nixt meeting at 2 houres. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. David Dickson: Mr. Robert Blair: Mr. James Gutterie : Mr. John Ramsay: Mr. Fredrik Carmichell : Mr. Alexander Spittle : Mr. George Rutherfurd : Mr. James Hamiltoun : Mr. George Gladstons : Mr. Francis Aird : Mr. Robert Knox : Mr. Robert Birnie : Mr. John Livistoun : Mr. William Justice : Mr. Hary Livistoun : Mr. George Bennet : Mr. George Hamiltoun : Mr. Hew Mackaell : Mr. David Calderwood : Mr. George Gillaspie : Mr. Robert Ramsay: Mr. John Neve: Mr. George Hutche- son : Mr. Alexander Muncreiff : Mr. Samuell Rutherfurd : Mr. George Lesly : Mr. Bernard Sanderson : Mr. Patrik Gillaspie : Mr. Zacharie Boyd : Mr. William Penman : Mr. Thomas Kircaldie : Mr. John Smith : Mr. Ephram Melvill : Mr. James Martene : Mr. Alexander Livistoun : Mr. Thomas Vassie : Mr. Patrik Scheill. Elders. — Lord Angus : Lord Craighall : Libbertoun : Sir James Stewart : Lawrence Henderson. The Comission appoynts Mr. Patrik Gillaspie to pray the morne in Parliament. A drawght of Vindication from the Aspersions in the Parlia- ments Letter being read, wes vnanimously approven ; Tenor wherof followes :— < THE HUMBLE VINDICATION of the Commissioners of the Generall Assembly and their late proceedings, in answer to the letter of the High and Honorabill Court of Parliament, dated Maij 11, to the sever all Presby- teries in the Kingdome. 1 ( Although we doubt not but the particular Presbyteries will The Vindication sufficiently returne answer to the Parliaments letter, so far as con- °. f th f Commis- 11/1 1 T~» 1 1 SIOn ft" 0 " 1 cerneth them (wherein diverse Presbyteries have already given aspersions in example to the rest), yet the chief purpose of that letter, reflect- LetSr^ 1 *™ 611 * 3 ing all along vpon our late proceedings, and the letter being also printed and published for common view and use, The great trust put vpon ws will not allow ws to be silent in such a case. And the 1 It was printed at once in 4to form bearing the signature A. Ker, but with- out the name of the printer, or place or date of printing. 548 PROCEEDINGS OF COMMISSION [6 JUNE greater cause we have to vindicate our proceedings in this manner, because whilst we had just reason to expect from the Parliament a clear and reall satisfaction to our Desires, seconded by so many Provinciall Synods, instead of such satisfaction, that letter came abroad with many reflections vpon our proceedings, neither was anything heirof communicat or made known e from their Lordships to ws, that we might have been heard for clearing our owne actions before the divulging and spreading abroad of the letter. ' To the preface of the letter we answer, that as it is too mani- fest how many and great scandalls are thrown vpon ws and our proceedings by the favourers of Malignants and haters of Reforma- tion and Presbyteriall Government, so we know not either among our selves, or in any Assemblies of the Church of Scotland, any " favourers of Sectaries or haters of the Person of the King and of Monarchical! Government, who throw scandalls vpon the Parlia- ments actions And if any shall by sufficient proof discover any such in this Kingdome, it will quicklie appear how far the Assem- blies of this Church (and we for our part) shall be from conniving at them or bearing; with them : Yea, the Generall Assemblie and their Comissioners have already declared so much and so often for the preservation of Monarchicall Government in his Majesty and his posterity and against Sectaries : And there hath been also so long and real proof both of the loyaltie of this Reformed Church of Scotland to his Majesties father and to himself, and of zeal in executing Church discipline against Sectaries (wherever any were found), that the world may beare witnesse with our consciences of our integrity both in the one and in the other, although we should altogether hold our peace. Errour will sooner comply with error then truth can, and favourers of Malignants have been, and may again turn to be, favourers of Sectaries, to serve their turne and save their interest for the time. For our parts, as we did before, so we doe still clearly and ingenuously 1 professe that we looke vpon Sectaries and Malignants as enemies to be opposed, as rocks to be avoided on the right and left hands. c We see no cause why the severall Presbyteries need to be "con- jured, 2 as they will answer to the great God not to suffer them- selves to be possest with vnjust and vndeserved preiudices against the Parliament and their proceedings." The fear of God and con- science of their duty will keep them vpon the one hand from vnjust and vndeserved prejudices against their Lordships and their 1 Misprinted ingeniously in 4to print. 2 Misprinted censured in do. 6 JUNE] OF GENERAL ASSEMBLY, 1648 549 proceedings, and, vpon the other hand, from obeying vnjust decrees and complying with iniquity, altho established by a law. ' What their Lordships professe concerning their " preferring of no earthly thing to their duties for Religion," and concerning their " reall endeavours to satisfie the most tender consciences by their Lordships great complyance with our many Desires All this we leave to the Searcher of the hearts and Tryer of the reines, who can and will judge therof. This we can say for our selves, that to this day we have not resaved a satisfactory answer from their Lordships vnto any on of our Desyres presented to their Lordships for the safety and security of Religion, but under colour of yielding some- what, our Desires were more dangerously refused then if they had been flatly rejected. ' If that which followeth in the letter hold good, viz., " That it cannot be by any with truth and justice alledged, that their Lord- shipes have in the least measure wronged or violated the true priviledges and liberties of the Church," we are greatly to be blamed and censured for complaining in one of our papers to the Parliament, that their Lordships have very much prejudiced the true priviledges and liberties of this Kirk, and for protesting (vpon that occasion) against such preparatives, and for preservation of the liberties of the Kirk in time coming. But now how much truth and justice we had for the ground of our grievance and protesta- tion, all who will not shut their eyes against the clear light may easily vnderstand. For was it ever before heard and known that any Parliament of this Kingdome did, without the knowledge and consent of those who had for the time the trust of the publick affaires of this Kirk, determine, judge, and declare by an ante- cedent judgment matters so highly concerning Religion, as these contained in the Parliaments late Declaration, Wherein there are not only dangerous expressions concerning the Confession of Faith, Directory of Worship, and Presbyteriall Government (as we have particularlie instanced in our late Declaration), but likewyse in the close, a strange and new sense put vpon the Covenant and Acts of Generall Assemblies, without so much as first consulting ws con- cerning such a sense thereof, which might have been prevented if they had consulted ws therin? Notwithstanding of all which the Declaration being commuicat to ws from the High and Honourable Court of Parliament, and we having promised a speedy returne therto, which accordingly after eight dayes we performed (the matter being copious), the Declaration was ordered by the Parlia- 550 PROCEEDINGS OF COMMISSION [6 JUNE ment to be printed and the three Demands contained therein sent away to England without staying a litle for our answer (which we had let them know we were preparing), whereas a very short delay might have, by the blessing of God, brought vnto their Lordships more light, and matter of second thoughts. 'We can easily 1 acquit ourselves of any incroachments vpon the vnquestionable rights of Parliament. We are obliged by Solemn Covenant to endeavour the preservation of the rights and privi- 1 edges of Parliament ; And to encroach vpon the same were indeed a hainous crime, wherewith if any shall reproach ws, let them tak heed what the ninth command will exact of them. Yet they who will remember how in all ages the most faithfull servants of God have vsually been traduced as troublers of, and encroachers vpon, the rights of the Civill Magistrat, will not much marvail that what hath been is now. ' As to the three instances mentioned in the letter to prove that great encroachments are made vpon their Lordships vnquestion- able rights, First, it is said, " What can be more civill then to determine what civill duties we ought to pay to our King, or what civill powers he ought to be possessed of?" We aske again, whether in our late conferences with their Lordships concerning an Engagement in war there was any thing more propper to be in- sisted vpon by ws then the secureing of Religion before all worldly interests, and particularly that security may be had from his Majestie for the point of Religion before his restitution to the exercise of his royall power ? Must not duties to God (whereof the securing of Religion is a main one) have the supream and first place, duties to the King a subordinate and second place ? Next, as we have not determined what civill duties the Parliament ought to pay to the King, or what civill powers he ought to be possessed of, and as it is competent to the Parliament to judge of civill duties betueen the King and his people in their own way ; so can we not admit that it is proper and competent only to them to judge of those dueties. For the dueties of the second table as well as of the first, namely, the dueties betueen king and subject, parents and children, husbands and wives, masters and servants, and the like, being contained in, and to be taught and cleared from the Word of God, are in that respect, and so far as concerneth the point of conscience, a subject of ministeriall doctrine, and in difficult cases a subject of cognizance and judgment of 2 the 1 As easily in 4to print. 2 To for of in do. 6 JUNE] OF GENERAL ASSEMBLY, 1648 551 Assemblies of the Kirk. And here it is not to be passed that the Kirk of Scotland in the large Confession of Faith, ratiffied by Acts of Parliament, did long since determine the dueties of kings 1 and subjects ; The like wherof may be seen in the other Confessions of Faith of other Reformed Churches. ' SecoJidly. Whereas it is said, " Is there any other Authority in this Kingdom but that of the Parliament and what flows from them, that can pretend authoritative power in the choice of the instru- ments and managers of their publik Resolutions ? " We humbly ask, Is there any ecclesiasticall authority within this Kingdom that hath pretended or doth pretend to such a power ? For we know no such thing. An authoritative power and choice of the instru- ments to be entrusted in Comittees of Parliament and Armies doth not belong vnto ws, but vnto the Parliament. Neverthelesse it was very competent for ws, among other things requisite for the safety and security of Religion and our Solemne Covenant, to represent to the Parliament the qualifications which we judged from Gods Word to be necessary in such as are entrusted with the managing of so great affairs, and so highly concerning our Religion and consciences ; Which we 2 have had the more reason to insist vpon for our own and others satisfaction, we being desired to joyne and concur in the businesse. Suppose a minister preaching before the election of Magistrats (which is vsuall), and shewing from the Word of God the qualifications requisit in Magistrats, and that none ought to be choisin but such as are so and so qualified, who will challenge such a minister of assuming the authoritative power of choosing Magistrats ? And if the choosing of Magistrates 3 in cities and burghs contraiy to the rules and qualifications of the Word be sinfull and blam-worthie, how much more the comitting of so great and 4 publik trust in Comittees and Armies to divers not qualified with the necessary qualifications ? 'To the thrid instance which asketh, "Is it a subject for the dispute of Church Judicatories whether his Majestie hath a negative voice in Parliament or not?" We answer, So far as the Scriptures of the Old and New Testament hold forth any light to ws, what power is due and what is not due to Kings, it well agreeth with our places and callings to comunicat such light to others as we see need. We know no Church Judicatorie that hath disputed whether his Majesty hath a negative voice in Parliament ; But we had just 1 The Kings in 4to print. 2 We is omitted in do. 3 Particular Magistrates in do. 4 A for and in do. 552 PROCEEDINGS OF COMMISSION [6 JUNE reason to supplicat the Parliament that they might not interest them selves in any quarrell for his Majesties negative voice, be- cause of the great dangers which may therby come to Religion, not only by future disappointments of the so-much desired settle- ment of Church affaires, but by quarrelling the Solemne League and Covenant itself, and the begun Reformation and Vniformity in Religion, which hath been purchased with so much pains, hazards, losses, and sufferings. ' And now we shall tak all these three instances joyntly, and make this further answer to them all. First, although the points had been meerly civill, yet by the Confession of Faith agreed vpon by the Assembly of Divines at Westminster, and approved by the Generall Assembly of the Church of Scotland as sound and ortho- dox, as the Act more particularly beareth, we are allowed to apply ourselves to the Parliament by way of humble supplication even in civill matters ; The Parliament also having in their Declaration expressed their desires and resolutions that the said Confession of Faith be confirmed and established, have vpon the matter allowed ws to supplicate their Lordships concerning such things. Next, wcsay that in all the three instances which are given, our suppli- cations and desires were to avert what we justly conceived to be destructive to Religion. We hope no man will have the face to say that the Assemblies of the Church may supplicat against dangers in Religion which fall within the first table, but not against the 1 dangers of Religion which fall within the second table, or that they may supplicat against dangers of Religion arising from other men, but not against dangers of Religion in which his Majestie is any way concerned, or which flow from a bad choice of the instruments and managers of publick resolutions. ' "The Episcopall disease of medling with civill affaires " we trust, through Gods mercy, neither hath nor shall have any place among the ministry of this Kingdom, who by their Nationall Covenant abjured the civill places and power of Kirkmen. Only we shall desire it may be remembred that ther wer other Episcopall diseases and distempers beside this, as, namely, encroaching vpon the liberties and priviledges of Ecclesiasticall Assemblies, the forcing of the consciences of Gods people, and persecuting such who could not in conscience obey. Wherefore it is necessar that all the Episcopall evills and disorders be cairfully avoided. And as we doe not doubt the ensuing Generall Assembly will doe what 1 The omitted in 4to print. 6 JUNE] OF GENERAL ASSEMBLY, 1648 553 shall be fitt for them to prevent the vilifying and contemning the authority of Parliament, if it be found in danger to be vilified, so we humbly conceive they will not be vnmyndfull to prevent the vilifying and contemning of the authority of their own Comis- sioners. ' The following clause in the letter putteth over to the Generall Assemblie any of the ministry who shall offer to stir vp the subjects of this Kingdom to disobey or deny to give civill obedience to their laws, it being expressly provided by the second and thrid Acts of King James 6, his 8 Parliament, in anno 1584, that none of his Majesties subiects, vnder the pain of Treason, impugne the authority o f Parliament : Where, first, we shall desire that tuo known distinctions, which in this passage of the letter seem to be confounded or forgotten, may be remembred. Civill obedience to Acts of Parliament is either in things vnlawfull and contrary to the Word of God, or in things lawfull and right. In the former case it is a sin to obey ; in the latter case a sin not to obey. Again, the authority of Parliament is one thing, an Act of Parliament another thing. Wee doe still acknowledge their authority when we obey not this or that Act. And whatsoever be the Treason of impugning the authority of Parliament, it can be no Treason to obey God rather then man ; Neither did the Generall Assemblie of Glasgow, 1638, and such as were active for the Covenant at that time, commit any Treason when they impugned Episcopacy and Perth Articles, although ratified and strengthened by Acts of Parliament and standing laws then vnrepealed. As to the tuo Acts cited in the letter, if the order of the printed Acts be followed, the thrid hath no thing in it of what it is cited for, neither know we for what vse it can be cited and applied, except to the abridging of the liberties of Eccle- siasticall Assemblies ; For it dischargeth all Judicatories and Judg- ments, Conventions and Assemblies Ecclesiasticall, without his Majesties speciall licence and com mandement, which how contraiy it is to the Word of God, to the example of the primitive Church, to the judgment of sound divines, to the liberties of this Kirk, and to our Solemne Covenants, is more manifest then to need that we should insist vpon it. But if the order of the vnprinted Acts be followed, the second of these Acts doth not mention the authority of Parliament, but of his Majesty and his Counsell. However, we are heartily sorry for the citation of the Acts of that Parliament, a Parliament which reintroduced Episcopacy, and so made defection from the Nationall Covenant, sworn three years before. For 554 PROCEEDINGS OF COMMISSION [6 JUNE Captain James Stewart, the 1 Earle of Arran and Chancellour, and the few Prelats of that time, contrived and procured such Acts of Parliament as might serve their ends. The same Acts were alledged and vrged by his Majesties Comissioner in anno 1638 for Episcopacy, wherevnto this answer was made at that time — " The Acts of Parliament, 1584, are of severall natures, but they were protested against by the ministers of Edinburgh, in name of the Kirk of Scotland, at the Market Crosse of Edinburgh when they were proclaimed ; and as they were made in that time which was called the hour of darknesse of this Kirk, tyrranized over by the Earle of Arran, so are they repealed 1582, 2 cap. 114." It is not to be forgotten that after the making of those Acts of Parliament they wer so generally clislyked by all good men, that the chief Courtiers of that time thought it necessary to employ Mr. Patrik Adamson, a chiefe deviser of these Acts, to make a Declaration of the meaning therof in his Majesties name, which he accordingly performed ; concerning which Declaration the said Mr. Patrik, pretended Archbishop of St. Andrews, did afterwards in his recan- tation 3 make this Confession : — " As where I am burthened to be the setter forth of a book called f The Kings Declaration,' wherein the whole order of the Kirk is condemned and traduced, I protest before God that so I was commanded to write the same by the Chancellour for the time, but chiefly by the Secretary, another great Courtier, who himself penned the second Act of Parliament con- cerning the power and authority of Judicatory to be absolute in the Kings power, and that it should not be lawfull for any subiect to reclaime from the same, vnder the penalty of the Act, which I suppose was Treason." ( Beside that Declaration, his Majesty himself having received a supplication from diverse well affected ministers, with their animadversions vpon the said Acts of Parliament, did pen with his own hand another Declaration of the meaning thereof : But by both those Declarations it may be easily vnderstood that the said Acts wer intended for innovating and changing the Government and Discipline of this Kirk, for setting vp bishops, and for suppressing the best ministers, [and accordingly they were made vse of after- wards for the ground of a charge against the ministers that were banished. 4 1 Then for the in 4to print. 2 Sic for 1592, 1542 in do. 3 Reminciation in do. 4 For constituting an Assembly at Aberdeen in 1605 when the King had prorogued it, without naming a day for its meeting as the Act 1592 required. 6 JUNE] OF GENERAL ASSEMBLY, 1648 555 ' It shall not be amisse here to insert that part of the ministers animadversions (given to his Majesty at that time) which con- cerneth the second Act of that Parliament. The words are these : — " As concerning the second Act, the narration therof appeareth to be slanderous against some of the ministry, which we would wish to be reformed or otherwise conceived, except the truth therof were verified. And as to the substance of the Act it self, it attributeth to your Majesty a sovereign power of judgment, not onely vpon the persons of your subiects, but also in all matters wherein they or any of them shall be apprehended, summoned, or charged, etc., which appeareth to be very strange, the like whereof we hear not to have been practised in any Christian comon-wealth, and cannot stand with the Word of God ; For although the persons of men are subject to your Majesty and civill Judges when they offend against your laws, yet matters ecclesiasticall and concerning conscience no Christian Prince can justly claime, or ever claimed, to him self such power to judge, seeing the Prince in this behalf is a member of the Kirk, and Jesus Christ onely the Head, who only hath power to give laws in matters of conscience, and so said the godly Ambrose : Imperator bonus intra ecc/esiam non supra ecclesiam est. And to confound the jurisdiction civill and ecclesiasticall, is that thing wherein men of all good judgments have justly found fault with in the Pope of Rome, who claimeth to him self the power of both the swords, which is as great a fault to a civill Magistrate to claim and vsurp, and especially to judge vpon doc- trine, errors, and haeresies, hee not being placed in ecclesiasticall function to interpret the Scriptures, the warrants hereof out of the Word of God we are likewise to bring forth." ' Here vnto we shall adde a passage out of the recantation of Mr. Patrik Adamson, subscribed with his hand before famous witnesses, and exhibit to the Synod of Fyffe. The passage is this : — " There are containd in that second Act of Parliament diverse other false intentions for to defame the ministry, and to bring the Kirk of God in hatred and envy with their Prince and Nobility, burdening and accusing the ministers falsly of sedition and other crimes, whereof they were innocent, as likewyse it is written in the same Act and Declaration thereof that sovereign and supream power pertaineth to the King in matters ecclesiasticall, which is worthy to be condemned and not to be contained among Christian Acts, where the power of the Word is to be extolled abone all the power of Princes, and to be brought vnder subjection to the samen." 556 PROCEEDINGS OF COMMISSION [6 JUNE ' The words of the second printed Act cited, or the thrid vnprinted (so far as concerneth the purpose of the letter), we find to be thus : — " That none of his lieges or subjects presume or take vpon hand to impugne the dignity and the authority of the saids three Estates, or to seek or procure the innovation or diminution of the power and authority of the same three Estates, or of any of them, in time coming, vnder the pain of Treason." These words, we humbly conceive, as they relate to the Constitution of Parlia- ment made of the three Estates, and to the authority thereof, being in that manner constituted, not to the obedience of their particular Acts ; so, if they be vrged and pressed to the meaning and intention of the Act before declared, they will conclude vnder Treason all who impugne the power and authority of Bishops, Abbots, and Pryors, as the thrid Estate of Parliament. ' To the conclusion of the letter we shall need to say but little, having already in other papers expressed ourselves fully concerning the vnsatisfactorines of their Lordships Declaration, and the vnlaw- fulnesse of the present Engagement ; Which, although it be pre- tended to be " the same Cause for which this Kingdom hath done and suffered so much," yet if it be remembred that the Kirks Desires for the point of Religion are not granted, that the wel- affected who were most zealous in the Cause from the begining are generally against this Engagement, that it is carryed on by such as were for the most part disaffected to the Cause in the begining, and were against the former expeditions, that the publick affairs are entrusted into many new hands, such as w r e cannot be confident of ; These, and the like considerations, will quickly make it appear that the Cause is not the same, but hugely different from what it was, and that the same grounds and principles which made ws active in furthering the former expeditions, hinder ws from furthering this.' The bussines concerning Mr. Andro Ramsay continued vntill the morne in respect of his sicknes. This day Mr. Hary Livistoun shew he had a petition from the Presbyterie of Dumblane to the Parliament. The Comission continues the proces against the Lord Rae and his friends vntill the nixt Generall Assemblie, and appoynts to Generall inters to be written to the Presbyterie for sending information Assembly. , m J m ° of the particulars against them, with the proofes therof taken befor them selves. And for Mr. Gilbert Gordon the Comis- Mr. Andro Ramsay. Petition from Dunkeld (sic) presented to Parliament. Reference — Lord Rae and 7 JUNE] OF GENERAL ASSEMBLY, 1648 557 sion will consider the bussines concerning him ; and appoynts Mr. Gilbert Messrs. John Smith and James Gutterie to advyse the papers Gordon * vnder his hand, and extract the particulars, and report. The nixt meeting the morne at 8 houres. Edinburgh, 7 Jumj 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. James Hamiltoun : Mr. James Gutterie : Mr. Alexander Livistoun : Mr. Alex- ander Spittle: Mr. James Martein : Mr. George Bennet : Mr Bernard Sanderson : Mr. George Rutherfurd : Mr. Fredrick Carmichell : Mr. John Adamson : Mr. Alexander Dickson : Mr. Robert Ramsay : Mr. Francis Aird : Mr. John Neve : Mr. Hew Mackall : Mr. George Hamiltoun: Mr. William Justice: Mr. Alexander Muncreiff : Mr. William Livistoun : Mr. George Gladstons : Mr. Robert Birnie : Mr. Zaehary Boyd: Mr. Samuell Rutherfurd: Mr. John Ramsay: Mr. Mungo Law': Mr. David Dickson: Mr. James Nasmith : Mr. George Hutcheson : Mr. Thomas Kircaldie. Elders. — Lord Craighall : Sir James Stewart : Laurence Hendersone. This day the Comission, finding that John Wilkie of Mr. Wilkie of Foulden and Mr. Thomas Ramsay, minister there, are both Mr?Thomas willing to submitt all the differences betuixt them to any two Ramsa y- of their number, Doe therfor thinke fitt that Mr. George Gillaspie and Mr. James Gutterie take paines with the said pairties to take away all differences betuixt them ; And becaus Mr. George Gillaspie is not present, therefore continues it vntill the afternoon. Edinburgh, 7 Junij 1648, ante meridiem. The Comission of the Generall Assembly, according to the Sentence of power given vnto them by the late Assemblie, having seriouslye foun^^M™ 0 *' considered the processe now a long tyme bygone depending Gilbert Gordon, against Mr. Gilbert Gordon, — a constant follower of that excomunicat rebell, James Grahame, some tyme Earle of Montrose, in his wicked rebellion — since his escape out of the Tolbuith of Edinburgh, where he wes incarcerat as a traffiquing Papist : And finding that the said Mr. Gilbert hath not only by a letter vnder his hand, full of vile reproaches, justified Jesuitisme and Popery, called our Reformation a virulent poyson of which many are sick ; But also in a little treatise written and subscribed by himself, and which he entitules ' A Panegyrick to his Excellency the Marques of Montrose, his 558 PROCEEDINGS OF COMMISSION [7 JUNE Majesties Lievtennet of the Kingdome of Scotland," That he acknowledges the Comission and authority of the said ex- comunicat rebell, James Graham, comends him throughout the whole paper for his justice and Amies, which he professeth to be his purpose in that treatise, and justifies that bloody, rebellious, and vnnaturall invasion and war made by him in this Kingdome, condemnes our Cause and proceedings as irreligion, sedition, tyrannie, disloyaltie, rebellion, &c, calleth the Parlia- ment of England, then goeing on in the work of Vniformitv, Concilium MoUignantium, and the 6 traterous pretended Parlia- ment at Westminster who hath poysoned the hearts of the subjects of England and stollen their affections from their soveraign Prince, 1 and most blasphemously applyeth the words of the 45th Psalme, which the Holy Ghost there speaketh of the Sone of God, to the said excomunicat Earle, saying to him, 'Thow lovest justice and hatest wickednes, therefore God, thy God, hath anoynted thee with the oyle of gladnesse abone thy fellowes ; And in thy majesty ryde prosperouslybecause of trueth, meeknes, and justice, and thy right hand shall teach thee terrible things : ' Which blasphemous and wicked miscariages, being haynous offenses against God, most scandalous and injurious to this Kirk, The Comission, moved with the zeale of God, Do therefore vnanimously ordaine the said Mr. Gilbert Gordon to be excomunicat and declaired to be one of those, whom Christ comandeth to be holden by all and every on of the faithfull, as ethnicks and publicans ; And appoynts this sentence of Excomunication to be pronunced by Mr. George Gillaspie in the East Kirk of this citie, and that therafter, vpon advertisment, intimation be made therof in all the kirks of this Kingdome. The nixt meeting afternoon. Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas,, Moderatour. Mr. Robert Blair : Mr. Robert Ramsay : Mr. Robert Knox : Mr. Zachary Boyd : Mr. Fredrick Carmichell : Mr. James Gutterie : Mr. Alexander Muncreiff: Mr. Ephram Melvill : Mr. Bernard Sanderson : Mr. John Ramsay : Mr. George Pitillo : Mr. Alexander Livistoun : Mr. Thomas Melvill : Mr. Alexander Dickson : Mr. David Dickson : Mr. Samuell Rutherfurd : Mr. Robert Birnie : Mr. George Hamiltoun : Mr. Thomas Vassie : Mr. William Justice : Mr. Francis Aird : Mr. James Marteine : Mr. 7 JUNE] OF GENERAL ASSEMBLY, 1648 559 Alexander Spittle : Mr. Alexander Dickson : 1 Mr. George Bennet : Mr. Mungo Law : Mr. James Nasmith : Mr. Henry Livistoun : Mr. William Penman. Elders. — Lord Craighall : Libbertoun : Sir James Stewart: Lawrence Henderson. The Comission appoynts the Comittee appoynted yesterday, Committe for with Messrs. Mungo Law, James Nasmith, Craighall, and currance in Libbertoun, to consider how ministers might be vnanimous in b h u e ss ^e S llck their advyse and cariage in this publick bussines, and to thinke vpon any overtures for information of brethren and of the people. The Comission findes a necessity at this tyme of great diffi- Concerning a Fast culties and dangers, That their be a Fast vpon the last Thursday of Junij and the first Sabboth of Julij, and that the reasons be drawen vp be Messrs. James Gutterie, James Nasmith, and George Lesly. This day the Earle of Crafurd and Lawderdale, Lord Ley Concerning a and Arnestoun, Archbald Sydserff and Sir Alexander Wedder- p^Silment. the burne, come from the Parliament with a paper containing their answers to the petitions from Synods and Presbyteries, and desired the Comissions answer against Fryday nixt. The Comission appoynts Messrs. David Calderwood, David Comittee. Dickson, Robert Blair, Samuell Rutherfurd, George Gillaspie, Robert Ramsay, James Hamiltoun, Fredrick Carmichaell, Robert Knox, John Smith, James Guthrie, Mungo Law, Georgte Lesly, James Nasmith, Craighall, Libbertoun, to be a Comittee to consider the Parliaments paper, to meet in the Moderatours house the morne at 7 houres. The nixt meeting the morne at 2 afternoon. Edinburgh, 8 Jumj 1648, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson : Mr. Andro Fairfoull : Mr. John Ramsay : Mr. George Pitillo : Mr. William Livistoun : Mr. Thomas Kircaldy : Mr. Alex- ander Livistoun : Mr. Ephram Melvill : Mr. William Gutterie : Mr. Hary Livistoun : Mr. Robert Ker : Mr. Patrik Gillaspie : Mr. Fredrik Carmichell : Mr. Robert Blair : Mr. Samuell Rutherfurd : Mr. James Fleeming : Mr. George Gillaspie : Mr. Bernard Sanderson : Mr. Robert Birnie : Mr. George Gladstons : Mr. Alexander Spitle : Mr. James Guthrie : Mr. Alexander Dickson : Mr. George Bennet : Mr. Francis Aird : Mr. James Nasmith: Mr. Alexander Muncreiff : Mr. James Hamiltoun. Elders. — Lawderdale : Balmerino : Libbertoun : Sir James Stewart : George Porterfeild. 1 Sic in ms. 560 PROCEEDINGS OF COMMISSION [8 JUNE Answer to the Parliaments letter from Hadington. Motion from the Erles of Crafurd and Lawderdale. Act removing all vnder scandall of combats from the Com- mission. Appoyntment of conference with Erie Crafurd. Answer to the motion of the Erles of Crafurd and Lawder- dale. This day an answer from the Presbyterie of Hadingtoun to the Parliaments letter by way of petition presented and read r and they heartely thanked for the same. This day the Earle of Crafurd and Lawderdale having, as members of this Comission, proponed a motion that the paper they gave in yesterday from the Parliament might be made no vse of; But that the Comission might give their opinions what answers they wold desire the Parliament to give to the petitions given to the Parliament from Presbyteries and Synods, The Comission, before they take this motion to consideration, resolve first to thinke vpon the scandall vpon the Earle of Crafurd for his goeing to the late combate. The Comission, remembring the scandall vpon some members of this Comission for goeing to single combats, Doe therefore declare that such shall not be permitted to sitt or to vote as members of this Comission vntill the scandall be removed by their satisfaction. The Comission appoynts Messrs. Andro Fairfoull and James Nasmith to goe to the Earle of Crafurd to labour with him for bringing him to some sense of his offense for his goeing to the single combat, and to shew him that the Comission lies made a generall Act debarring all vnder such scandalls from the Comission. The Comission finds, concerning that motion for framing an answer to the petitions of Presbyteries and Synods to the Par- liament, that such a thing is not proper to them to doe vpon any privat motion and seemes to be inconsistent with the mynd of the Parliament, who sent them a paper yester-night as a draught of the Parliaments answer to the said petitiones,. wherevpon, as they conceived, the Parliament desired their sense and opinion. The nixt meeting the morne at 10 houres. Edinburgh, 9 Junij 1648, ante meridiem. Sederunt : — Ministers. — Mr. Robert Douglas, Modcratour. Mr. Robert Blair: Mr. James Hamiltoim : Mr. George Gillaspie : Mr. James Gutterie : Mr. Patrik Gillaspie : Mr. Ephram Melvill : Mr. Thomas Melvill : Mr. Alexander Dickson : Mr. Robert Birnie : Mr. George Bennet : Mr. David Calderwood : Mr. Samuell Rutherfurd : Mr. Andro Fairfoull: Mr. James Fleeming : Mr. Robert Ker : Mr. William io JUNE] OF GENERAL ASSEMBLY, 1648 561 Livistoun : Mr. Alexander Spitle : Mr. Alexander Muncreiff : Mr. John Ramsay : Mr. Bernard Sanderson : Mr. George Gladstons. Elder. — Libbertoun. This day the Lord Ley and Arnestoun 1 shew they came from The privat the Parliament to renewe the privat motion made yesterday by uvo Eries now the Earle of Lawderdale as now coming from the Parliament, sent from Parliament. which is to crave- a particular returne to these papers sent from the Parliament on Wednesday last, seing they were not to be lookt vpon as the sense or mynd of the Parliament, in respect that before the Parliament had taken them in debate or con- sideration they did thinke fitt to communicat them to this Comission ; And withall to desire that the Comission wold be pleased to tender vnto the Parliament their advyse concerning the securitie of Religion in answer to the severall petitions pre- sented to the Parliament of late from the severall Synods, Presbyteries, and Shires. The Comission thinks fitt to delay the consideration of the Answer to the paper sent from the Parliament, and to intertaine the motion said motlon - sent from the Parliament for their advyse of an answer to the petitions ; And to this effect appoynts the Comittee before named for the consideration of the said paper to give their opinion what advyse [is] to be given to the Parliament and to report, and appoynts Messrs. James Hamiltoun and Robert Ker to show the Lord Ley and Arnestoun that they shall prepare their returne this night, if it be possible ; if not, it shall be ready the morne. The nixt meeting the morne at 10 houres. Edinburgh, 10 Junij 1648. Sederunt : — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson : Mr. James Hamiltoun : Mr. George Lesly : Mr. David Calderwood : Mr. Samuell Rutherfurd : Mr. Patrik Gillaspie : Mr. Andro Fairfoull : Mr. Fredrik Carmichell : Mr. John Ramsay: Mr. Alexander Dickson : Mr. Bernard Sanderson : Mr. William Livistoun : Mr. Ephram Melvill : Mr. George Gillaspie : Mr. Robert Blair : Mr. Mungo Law : Mr. James Gutterie : Mr. James Fleeming : Mr. Robert Knox : Mr. Francis Aird: Mr. Robert Birnie: Mr. Alexander Muncreiff : Mr. Alexander Spitle : Mr. Thomas Kircaldy : Mr. George Gladstons : Mr. Robert Ker ; Mr. George Pitillo : Mr. John Smith. Elders.— Craighall : Libbertoun : Sir James Stewart : Lawrence Henderson. 1 i.e. and the Laird of Arnestoun, Sir James Dundas. 2 Sic in MS. for waive ; see introductory sentence of the Humble Advice in next sederunt. 2 N 562 PROCEEDINGS OF COMMISSION [iojune The Humble Advyse and Petition to the Parliament. The Comission having considered the Report of the Comittee bearing a drawght of a returne to the Parliament by way of humble Advyse and Petition, Doe humbly and vnani- mously approve the same ; Tenor wherof follows : — ' The Humble Advice and Petition of the Comission of' the Generall Assemblie to the Honor dbill Estates oj' Parliament. l ' While we wer about the preparing of our thoughts concerning the vnsatisfactorinesse of a paper comunicat vnto ws from your Lordships vpon Wednesday, being a Draught of an Answer from the Parliament to the severall Petitions of Presbyteries, Synods, and Shires, tendered to them, there was a motion made vnto ws from your Lordships by the Lord Ley and the Laird of Arnistoun, " to wave a particular return " vnto that paper, " seing it wes not to be looked vpon as the sense or minde of the Parliament, in respect that before the Parliament had taken it into debate or considera- tion, they did think fitt to comunicat it to this Comission, and withall to desire that the Comission would be pleased to tender vnto the Parliament their advise concerning the security of Religion, in answer to the severall Petitions presented to the Parliament of late from Synods, Presbyteries, and Shires;" vnto which motion we make this humble returne. ' For the first part of the motion, We are resolved to lay aside the consideration of that paper, and to make no representation of our thoughts there vpon, if your Lordships be pleased to make no further vse therof. ' As for the other part of the motion, calling for our advise concerning an Answ T er to the Petitions presented from severall Shires, Presbyteries, and Synods vnto the Parliament ; Although we humbly conceive your Honours may clearly perceive what is our judgment by our papers presented to your Lordships from time to time ; yet being required, we shall againe faithfully and freely tender this our humble advise. ' We call to record the Searcher of all hearts, the Judge of the world, that our not concurring with your Lordships proceedings hitherto hath not flowed from want of zeal against Sectaries, for the suppression of whom, and for advancement of the work of 1 This Humble Advice and Petition occupies pp. 1 7 to 23 of the quarto print, containing on its first 15 pages the Humble Vindication inserted at pp. 547"55 6 of this volume. io JUNE] OF GENERAL ASSEMBLY, 1648 563 Reformation, we are ready to hazard all in a lawfull way ; nor from any remissnes in that which concerns his Majesties true honour and happines, and the preservation of Monarchicall Government in him and his posteritie ; nor from any want of tenderness of the priviledges of Parliament, nor from want of sympathie with our afflicted and oppressed brethren in England ; nor from partiall or sinistrous respect to any party or person whatsoever within the Kingdom ; But from meer tenderness in the point of security of Religion and the Vnion betueen the Kingdoms, and from the vnsatis- factoriness of the grounds of your Lordships Declaration, as hath been expressed more at length in our Representation. Notwith- standing, your Lordships, to our very great grief, have proceeded to a Levie, whereby most heavy burthens and pressures have been laid vpon many faithfull Covenanters, most forward in all former expeditions, and averse from this only for want of satisfaction concerning the necessity and lawfulnesse thereof, promised in your Lordships late Declaration, but not as yet performed. ' It is therefore our humble advise That the abone mentioned Petitions being so just in themselves, and flowing from the grounds aforesaid, as they ought in equity to have been granted, so they ought yet to be granted by the secureing Religion, staying the present Levy, and, according to our former desires, by essaying Treaties with England, applications to his Majestie, and all other fair and amicable wayes, for removeing the differences between the Kingdoms before sending any forces to England, or any other way of Engagement in war : And, least the taking of Berwick and Carlile (which is so scandalous to this Nation) be looked vpon by England as a breach of vnion on our part, 1 That your Lordships would be pleased to make it appear that neither the Parliament or any of your number have had any accession to the supprisall or supplying of these towns, nor shall have any correspondence or complyance with these who have been actors therein. ' We doe also conceive it necessary for satisfaction of the Peti- tioners, That his Majesties late concessions and offers concerning Religion may by your Lordships directly and positively be declared vn satisfactory to this present Parliament. ' That albeit we should not be vnderstood, as if we have had or have any thoughts of declining the restoring of his Majesty to the same condition he wes in, by the agreement of both Kingdoms, when he was taken away by a party of the Army vnder Sir Thomas Your for our in 4to print. 564 PROCEEDINGS OF COMMISSION [iojune Fairfax, that both Kingdoms may freely make their applications to him ; yet your Lordships would be pleased to declare That there shall be no Engagement for restoring his Majesty to on of his houses with honour, freedome, and safety (which doth amount to no lesse then the restitution of his Majesty to the exercise of his royal power, for the reasons holden forth in our late Representa- tion, never yet answered), before security and assurance be had from his Majesty by his solemn oath, vnder his hand and seal, that he shall, for him self and his successors, consent and agree to Acts of Parliament enjoyning the League and Covenant, and fully establishing Presbyterian Government, Directory of Worship, and Confession of Faith, in all his Majesties dominions, and that his Majesty shall never make opposition to any of these, or endeavour any change thereof. * That your Lordships will make it appear that yow mean to be far from interesting your selves in any quarrel for his Majesty that may put in his Majesties hands such power as may not only bring the bygone proceedings of both Kingdoms in the League and Covenant in question, but also for the time to come make voide all the authority of Parliaments, though proceeding never so rightly in reference to Religion and liberties of the Kingdomes. ' That a clear and direct course be laid down and declared, not only not 1 to associate nor joyne in counsells or forces with the Popish, Prelaticall, or Malignant party, but also 2 oppose and effec- tually endeavour to suppresse all such of them as have already risen, or shall rise hereafter in Armes vpon whatsomever pretence, as enemies to the Cause and Covenant on the one hand, as well as Sectaries on the other. ' That no thing be done in carying on the Engagement which may break the Vnion of the Kingdoms, or may discourage or dis- obliege the Presbyterian party in England. ' Because it is our grief, and the grief of all the well affected, that these who have been of constant and approven integrity in the Cause, and have been very instrumentall vnder God for our deliverance, should be forced for want of satisfaction to their con- sciences to leave the service, and that others who have not given constant proof of their integrity and faithfulness, and against whom there is just cause of exception and jealousie, so that we cannot exhort our flocks to be confident of their fidelity, yea, and divers that have been in reall opposition to the Cause are intrusted with 1 Not omitted in 4to print. - To inserted in do. io JUNE] OF GENERAL ASSEMBLY, 1648 565 the managing your Lordships publicke resolutions ; That therefore your Lordships will be pleased in your wisdom to provide a timous remedy herein. ' That there be no Engagement without a Solemn Oath, wherein the Kirk may have the same interest which they had in the Solemne League and Covenant, the Cause being the same. 1 As we doe humbly insist with your Lordships for satisfaction to our former Desires, expressed in our former papers, so it is our humble petition to your Lordships that in such things as have been ordained by your Lordships, and put in execution by your order contrary to some of these Desires, some effectuall remedy may be found out by your Lordships wisdome and goodnesse for the help thereof ; That all who, since the begining of this Levie, through tendernesse of conscience have suffered any wayes may be repaired, all vnvsuall and grievous courses impoverishing good people, and vtterly disabling them to subsist, may be hereafter avoided, and the intolerable insolencie, prophaneness, blasphemies, and manifold outrages, that of late have appeared in the souldiers, may be severely punished and repressed ; That no Ordinance nor Order may issue from your Lordships in prejudice of the liberties of the Kirk, and of the free exercise of any part of the ministeriall calling, all which they have from Jesus Christ, the only Head and Lawgiver in his Kirk, and which your Lordships are oblieged by solemn oath in our Covenants to maintain ; And that, as it is our grief that, whilst your Lordships have been seeking our advice, yow have been and are making grievous Acts, as we are informed, so we desire your Lordships, in the fear of God, to bewar 1 of making or maintaining such Acts, and, namely, that yow put not the power of arbitrary government in the hands of any intrusted by your Lordships, nor ordain any oathes to be imposed or exacted that may be snares to mens consciences. * All which we seriously recommend to your Lordships, as yow desire not to provoke against your selves and your posterity the wrath of the Most High God, and that the Lord should not avenge the quarrell of a broken Covenant vpon the Parliament and Kingdom of Scotland. But if your Lordships shall be pleased to hearken to our humble advice, and to satisfie the consciences of the well- affected in the Kingdom e to the work of Reformation by granting their just desire, your Honours shall be blessed of God, the Lord of the whole earth ; the people of God shall blesse yow in the 1 Be wary in 4to print. 566 PROCEEDINGS OF COMMISSION [12 JUNE Brethren to present the Advyse to the Parliament. Fast. name of the Lord, and blesse the Lord for yow ; yow shall bind vp the sores of this distressed and distracted Kingdom, endear the affections of all the well-affected, disappoint the designs of the disaffected, and your names shall be a praise vnto the present and succeeding generations ; And we shall poure out our supplica- tions before him who sitteth and judgeth among Gods, to endue your Lordships with the spirit of counsel and of the fear of his Name, that your resolutions may be rightly ordered and tend to his glory, the security of Religion, the honour and happinesse of the King and his posterity, and the peace and safety the Kingdomes.' The Comission appoints Messrs. David Calderwood, James Fleeming, Fredrick Carmichaell, Robert Blair, James Nasmith, Alexander Spittle, William Livistoun, Thomas Kircaldie, James Hamiltoun, Libbertoun, Sir James Stewart, and Lawrence Hendersone, to present their Humble Advyce to the Parliament this afternoon. The Causes of a Solemne Fast to be keept vpon the last Thursday of Junij and first Lord day in Julij wer read and layd aside vntill we heare what the Parliament shall doe anent the Advyse and Petition this day presented. The Comission appoynts the brethren to meet at 4 hours. Eodem die , post meridiem. The Moderator and some brethren mett. meeting vntill Mononday. Continues their Edinburgh, 12 Junij 1648, ante meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. Robert Blair : Mr. William Livistoun : Mr. James Gutterie : Mr. Alexander Muncreiff : Mr. John Adamson : Mr. John Ramsay : Mr. George Pitillo: Mr. James Hamiltoun: Mr. David Calderwood : Mr. Fredrik Carmichaell: Mr. Alexander Dickson : Mr. Francis Aird : Mr. Robert Birnie : Mr. Mungo Law: Mr. Alexander Spittle: Mr. John Smith: Mr. Thomas Kircaldie : Mr. Ephram Melvill. Elders. Lord Angus : Dundas : Libbertoun. Recommenda- The Comission recomends to the Presbytery of Edinburgh ofEdSbSgh, 17 to take tryall of the preaching of Mr. Patrik Forbesse and Mr. Mes C srs ni p g George Halyburtoun, reflecting, as they are informed, vpon the Forbesse and publike Resolutions of the Comission ; As also to take notice of burtaun and an y others that so expresse them selves in their sermons within others. their bounds. 12 JUNE] OF GENERAL ASSEMBLY, 1648 567 The Comission approves the Causes of the Fast. Tenor whereof followes : — 6 Causes of a Solemn Humiliation and Fast to be keept on the last Thursday of June and first Sabbath of July 1648. 1 1. 1 We are to mourne for all the sins and provocations men- tioned in the Causes of our former Humiliations which doe continue and abound, notwithstanding of all our obliga- tions to reform our wayes, and many former solemn profes- sions of repentance, and of all the sharpe rods wherewith God hes corrected ws, and heavy judgments wherwith he now threatens ws. 2. e We are in a special 1 way to be humbled for the counten- ance that hath been given, and complyance that hath been made, by too many with Malignants and persons disaffected to the work of Reformation, which in the just judgment of God hes at last put such power and strength in their hands as is terrible to the people of God and threatens his work with mine. 3. ( We are to bewaile the small proficiency vnder the preach- ing of the Gospell in many, the great contempt thereof in others, and the great obstinacy and hardnesse of heart in some, not onely vnto the dispysing and reproaching of the ministry, but vnto the rejecting of the most powerfull word of exhortation in the mouths of his servants. 4. c We are to be humbled for the grievous backsliding that is amongst ws, which hath prevailed vnto the vndertaking of an unlawfull Ingagement in war, notwithstanding of the many Petitions from Burghs and Shires, Presbyteries and Synods to the contrary ; Which vndertaking, beside many sad effects amongst ourselves, is like to rend in sunder the Vnion betuixt the Kingdomes, and not only obstruct the progress of the work of Vniformity, but overturn the foun- dation already laid. 5. ' We are to lament before the Lord for the oppression of his people in many places of this Kingdom, vnto the spoiling of their goods, offering violence vnto their persons, and forcing of their consciences, and by causing them either to indure great affliction, or to sin against God by being accessory to a sinfull course. 6. < We are deeply to be humbled that the Parliament being 568 PROCEEDINGS OF COMMISSION [12 JUNE Reference, Major Turner to the Assembly. Reference, Mr. Andro Ramsay to the Generall Assembly. now risen, they have been so far from satisfying any of the just and necessary Desires of the Kirk, or hearkening to the Petitions presented vnto them, that they have enjoyned obedience to all their orders vpon the grounds of their Declaration published in April. 7. ' We are to entreate the Lord in the behalf our King that he may be convinced and repent of the evill of his former wayes, and be inclined vnto the love and approbation of the work of God ; and in the behalf of these who have the power of the Kingdom in their hands that they may desist from every sinful! course and satisfie the just and necessary Desires of the Kirk, and the consciences of the well- affected in the land, by securing of Religion and preserving Vnion between the Kingdoms and Monarchicall Govern- ment in the person of the King and of his posterity. 8. ' As we are to beg of God that all the purposes, both of Sectaries and of the Popish, Prelaticall, and Malignant Party in all the three Kingdoms, against the truth and work of God may be disappointed and their power crushed, so also that the Lord would strengthen his people in all these dominions to adhere without shrinking or fainting vnto the Cause of God, and to bear a faithfull testimony thereto in the day of Tentation. ' Lastly, we are to pray for a blessing vpon the ensuing Generall Assembly that they may meet in peace and love, and being furnished with the spirit of vnity, faithfullnesse, wisdom, and zeale, they may so carry them selves in every thing, as that the hopes and designes of disaffected men may be disappoi nted, truth may be preserved, holiness promoved amongst our selves, and the work of Vniformity advanced amongst our neighbours.' The Comission refers Major Turner to the Generall Assem- blie now approaching, and appoynt sumonds to be direct for his appearing there. The Comission of the Generall Assemblie refers Mr. Andro Ramsayes bussines in dependance before them to the Generall Assembly now approaching; But prejudice to the Presbytery of Edinburgh to proceed against him in any thing he is therin charged with ; And appoynts intimation to be sent to him heirof. The nixt meeting afternoon at 2 houres. 12 JUNE] OF GENERAL ASSEMBLY, 1648 569 Eodem die, post meridiem. Sederunt: — Ministers. — Mr. Robert Douglas, Moderatour. Mr. John Adamson : Mr. George Lesly : Mr. James Gutterie : Mr. Mungo Law : Mr. Alexander Dickson : Mr. George Pittillo : Mr. Ephram Melvill : Mr. David Calderwood : Mr. John Smith : Mr. James Hamiltoun : Mr. Alex- ander Spittle : Mr. Robert Birnie : Mr. Thomas Kircaldie : Mr. Alex- ander Muncreiff : Mr. Francis Aird. Elders. — Dundas : Libbertoun : Sir James Stewart: Lawrence Henderson. The Comission appoynts the letter following to be sent to Presbyteries : — 4 Reverend brethren, — As we are glad that God hath put Letter to an spirit in his servants throughout the land in this day of liesbyten< tryall, so we thought it necessary to acquaint yow that vpon the receat of the many petitions that wer presented from many Presbyteries, Synods, Shyres, and Burghs vnto the honorabill Estates of Parliament, their Honours wer pleased, efter some dayes, to comunicate vnto ws the Drawght of an Answer vnto these Petitions, which we, having taken in consideration, did find verie vnsatisfactorie. And whilst we wer about to returne our thoughts therevpon their Lordships wer pleased to desire ws to wave the same, and to offer vnto them what advyse for answering these Petitions we wold give them. Vpon which we did represent vnto their Lordships what we conceived necessary for their satisfaction therinto; Yet the Parliament hes not given any intimation vnto ws of any purpose they have to hearken to our advyse, neither can we learne that they intend any thing that will be satisfactorie either to our Desires or those Petitions, their Lordships having enjoyned obedience vnto their orders vpon the grounds of their former Declaration. We have sent yow herewith the causes of a Solemne Fast and Humiliation to be keept on the last Thursday of this instant Junij and the first Sabboth of Julij ; And we trust that ye will receave infor- mation from none in those things that concerne Religion and the Covenant but from ws who are intrusted by the Generall Assemblie with the publick affairs of the Kirk, which sail be faithfully given vnto yow by Your affectionat brethren, Edinburgh, The Comissioners 12 Junij 1648. oe the Generall Assembly. 1 570 PROCEEDINGS OF COMMISSION [12 JUNE Order concern- The Comission desires Mr. John Adamson to be cairfull to Monuments of keep the printed Service Bookes and these Monuments of the Service" 1 Idolatrie which wer patt by the Generall Assemblies order in Bookes. that house where now he duells, vntill he get order what to doe with them from the Presbytery of Edinburgh, or from the Generall Assembly, or their Commissioners. The Comission thinks fitt to dissolve and not to meet againe, except vpon advertisement, vpon some necessarie occasion, from the Moderator. A. Ker. 1 8 JULY] OF GENERAL ASSEMBLY, 1648 571 ' Edinburgh, 18 Julij 1648, post meridiem, Sessione la. 4 The Generall Assembly, having examined the proceedings of the Comission of the preceding Assembly, especiallie their Declarations, Remonstrances, Representations, Petitions, Vin- dication, and other papers relating to the present Engagement in warr, Doe vnanimously find that in all their proceedings they have been zealous, diligent, and faithfull in discharge of the trust comitted to them ; And therfor Ratifie and Approve the whole proceedings, acts, and conclusions of the said Comis- sion, and particularly their papers relating to the said Engage- ment, and their judgment of the vnlawfulnes therof, Appoynting Mr. John Moncreif, Moderator pro tempore, to returne them hartie thanks in name of the Assembly for their great paines, travells, and fidelitie in matters of so great concernment to the Cause of God and to this Kirk, amidst so great and many difficulties. 4 Geo. Gillespie, Moderator." 1 Mr. Jhon Moncreifs hand not being gotten in the tyme of the Assemblys Meeting, he died befor there wes occasion to meet with him thereafter. 1 1 It had been intended, apparently, that Moncrief should sign the above minute of Assembly instead of or along with Gillespie. The latter, though Moderator of the Assembly, having been also a member of the Commission of the previous Assembly, could not well occupy the chair while its proceedings were under review. ILLUSTRATIVE DOCUMENTS. In the Register House, Edinburgh, are preserved contem- porary copies of many of the communications between the Commissioners of the Scottish Parliament and the English Houses, as well as of Minutes of the Committee of both King- doms of which these Commissioners were members. I subjoin a few of these, along with some from and to the English Houses, which illustrate matters referred to in this volume. I. NEGOTIATIONS REGARDING THE CAPTIVES AT ALGIERS. Sir, — Wee are informed that the houses of Parliament are about a course to have all such of the English Nation as are now prisoners at Argeirs, Tunis and Saly released, and to setle such a way for the future, as there may be no acts of hostility betuixt those of Algeirs and this Nation. There is here inclosed a list of some Persons of the Scottish Nation (whereof most have beine taken in English bottomes, and in the service of Marchants in this Kingdome) con- cerneing whom it is our earnest request, that the honorable houses would be pleased to give order to such as are imployed by them in Algeirs, to obtaine likewise the enlargement of such as are contained in this list ; And the agreement to be made against acts of hostility for the future may be extended to the subjects of both Nations, and wee remaine Your affectionat friends Worcester house, the and humble servants, first of Aprill 1647. Charles Erskine, Hew Kennedy, Ro. Barclay. Sir, — Wee wrote vnto you about a forthnight since touching the agreement intended by the honorable houses with those of Argiers for setting at Liberty all such prisoners there as are of the English Nation ; And did earnestly desire that the agreement might be extended to those of the Scottish Nation. Wee are informed that ILLUSTRATIVE DOCUMENTS 573 the ship is now ready to depart within a few dayes. Wherefore wee doe earnestly intreat that you wilbe pleased to read our former letter to the house, And wee remaine Your very affectionat freinds 13 Aprill 1647. and humble servants, Charles Erskine, Hew Kennedy, Ro. Barclay. Die Mercurij 13 th Apiilis 1647. A letter from three of the Scotts Commissioneris from Worcester house dated the 13 th of Aprill 1647 was this day read and was concerneing such of the Scottish Nation as are Captives in Argier. And it is therevpon ordered that it be referred to the Committee of the Navy, to take care for the redemption of such of the Scotts Nation as are Captives in Argier and were taken in the service of English Marchants. Ordered that it be referred to the Committee of the Navy to treat with the Scotts Commissioneris concerneing the redemption of such of the Scotts Nation, as are captives in Argier and were not taken in the service of any English Marchants, and to acquant them that instructions shalbe given to the Agent imployed thither for the Kingdome of England to negotiate that bussiness also. Right Honorable, — W T ee have some things in command from the Parliament of Scotland, to be communicated to the honorable houses ; for which end wee doe desire, that they would be pleased to appointe their Committee to meete with vs when they shall think fitt ; and so wee rest Your Lordship's most humble servants. Worcester house the 2'6rd of Apr ill 1647. In pursuance of the Comands of the Parliament of Scotland, Wee doe herewith deliver their letter to both houses of Parlia- ment ; And are further to Let your Lordships know, that they looke vpon it as a speciall blessing from heaven, that God hath beine pleased so strictly to vnite these Kingdomes for so good ends, by Solemne League and Covenant. And as it hath beine their constant care by all good endeavours, inviolably to preserve that happy Union, according to the Covenant and Treaties, and is 574 ILLUSTRATIVE DOCUMENTS their firme resolution to cherish and intertaine every meane which may continue a good correspondence and promote a further Union ; so the experience they have of the Love and kindnesse of their Brethren of England give them confidence that they will also continue to Lay hold on all oppurtunities which may further and improve it, that so by joynt consultations and resolutions in what may concerne mutuall interest and saifty, both may be strenthned against the commoun Enemy, a happy peace may be setled vpon a sure foundation, And a neerer vnion attained and transmitted to posterity. In all which wee are ready, according to the Direction of the Parliament of Scotland, to contribute our best endeavours. By command & c . 26 Aprill 1647. Jo. Cheislie. Sir, — Wee have beine very desireous to conferre with the Com- mittee of the Navy, concerning the redemption of such of the Scottish Nation as are prisoners in Argeir and Tunis, according to the order of the house of Comons ; But finding by your ansuere to Mr. Barclay that they commounly meete when the house riseth in convenient time, and so it is vncertaine when wee may have this oppurtunity ; Wee have resolved to signify our desires to them by you in writeing, And have sent you hereinclosed the names of those Captives, which are in all 54. Wee cannot certify vnto you which of them were taken in the service of English Marchants, and w hich were not ; but doe seriously intreat that the Committee wilbe pleased to take care for redemption of the whole. And wee doe hereby promise and agree in the name of the Kingdome of Scotland that what moneyes shalbe payd for redemption of those Captives which were not taken in the service of English Marchants ; the same shalbe allowed in payment of so much of the moneyes which remaine due by this Kingdome to the Kingdome of Scotland. Wee doe further desire that Instructions may be given to the Agent imployed for this Kingdome in Argier to treat with the Basha and Duana there that the Agreement for peace betuixt this Nation and them may be extended to the Scottish Nation. And that there may be in the meane time a forbearance from all Acts of hostility, vntill the Acts of Agreement be seene and approved by the Kingdome of Scotland. Wee are informed that the Ships that are to goe for Argiers are to be dispatched within a very few dayes ; Wherefore wee doe earnestly desire, that this our request ILLUSTRATIVE DOCUMENTS 575 may first be made knowne and direction given therein, whereby you will very much obleige Your affectionat freinds 29^ Aprill 1647. and servants, Lauderdaill, Charles Erskine, Hew Kennedy, Ro. Barclay. Directed to Mr. Greene, Chaireman of the Committee of the Navy. In Argiers. Alexander Goodale. James Lindsay. James Danser. Robert Fletcher. William Hay. James Cuthbert. James Hudde. Mar- great Straiton. Mary Rudde. Elisabeth Hayne. David Balfoure. Oseley Nicolson. Marion Gibb. Margreat Gordoun. John Jack- son, ane Marjoribanks. Jane Maxwell. Robert Hart. Robert White. John Kennedy. James Dowgall. Margreat Maxwell. Mary Wallace. John Cowan. William Lawson. Alexander Ken- nedy. John Crawfurd. John Reed. William Drysdaill. William Muddrell. Thomas Hall. Elisabeth Hudde. Alexander Riddoch. James Riddoch. John Gordoun. John Mitchell. Adam Greige. Jane Leith. Christian Morreis. John Cuninghame. Clays Pitle- liem. Andro Watson. Margreat Blaik. John Anderson. George Drowne. Irving Jacobson. Michael Hultfreder. In Tunis. Daniell Robertson. Edward Lilly. William M c indar. John Gib- son. John Kennedy. Magnus Greige alias Grahame. Charles Campbell. II. ENGLISH HOUSE OF COMMONS LETTER OF THANKS TO THE EARL OF LEVEN FOR HIS SERVICES. My Lord, — The Commons in Parliament doe by mee their Speaker present their most affectionat respects vnto your Lord- ship and do acknowledge your high merit in the performance of the trust which hath beine reposed in you for carying on a large proportion in this great work ; In which the commoun Cause of 576 ILLUSTRATIVE DOCUMENTS Religion and Liberties, and the welfare and happinesse of both Kingdom es, have beine so essentially concerned, the memory whereof will stilbe precious vnto them, and your honour by it, live in the succeiding Generations; Nor is this the least part of it, (which their Commission eris have represented vnto them from New Castle) that your Lordship hath caried your selfe with so much sincerity and gallantry in these last transactions of affaires, vpon the marching away of your Army, and your peaceable and freindly returne into your owne Countrey. Now that God hath so blessed the joynt endeavours and the forces of the two Nations, as no Enemy is left within this Kingdome to lift vp his hand against them ; The house of Comons doe give god the praise of God ; yet will not omit gratefull application to those Persons of honour and worth, who have beine vnder God, the happy instruments of so great a blessing, among whom they look vpon your Lordship as one of eminence and of principall consideration, and in testimony of their sense they have of it, They desire your Lordship to accept the jewell herewith sent, to be a small remembrance to you, of their great affection, and the value they set vpon your worth and actions. My Lord, this they have commanded mee to say, and to these publict expressions I will adde nothing of my owne, but that I am My Lord February 1646. Your Lordships most affectionat freind and humble servant, W. Lenthall. For the right Honorable the Earle of Leven, lord General of the Scottish Armys. On 3d Febry. 1646-7 Messrs. Holies and Bain ton were appointed to draw up this letter, and on 9th Febry. their draught was read and approved by the House, and the sum of i?700 voted for payment of the jewel. On 7th April a letter of thanks from the Earl of Leven was read, but it is not entered in the Journals of the House. I append, however, the Earl of Leven's letter of thanks to both Houses for their kind expressions towards him soon after his entry with the Scottish forces into England, extracted from the Journals of the House of Lords, vol. vi. p. 561. ILLUSTRATIVE DOCUMENTS 577 * For the Right Honourable the Speakers of both Houses of Parliament, These presente. ' Right Honourable, You have presented to me in your Letter the kinde expressions of the Honourable Houses of Parliament, for which I am desirous to render all humble thanks ; and hereby do professe, that as the safty of Religion and Liberty, now so neerly interested, is allwaies deerest to me, so nothinge could be so powerfull to bringe me and this Army heere, as the great Desires to further the Weell of this Kingdome, and establish the Peace of both Nations, now happily united by nationall Covenante. Give me therfore Leave by theise to assure the Honourable Houses of Parliament, that nothinge shall be left undon which may serve to produce the desired Issue of theise Troubles ; and that this Army shall, God willinge, apply itself with constant Care and most effec- tuall Endeavors for speedy reducinge the Enemy, and helpinge to restore these Nations to a flourishinge Condition, under Truth and Peace ; beinge confident of the Parliament's Care of them, as they are not insensible of that which theise Honourable Houses have formerly don for their Maintenance and Encouragement. My Lord Fairfax and I remaine close aboute this Citty, and have sent Two Thousand Horse and Dragooners for my Lord Manchester's better assistance, who, I am confident, as they have Orders from us, so will they be most carefull to pursue their best Advantages, either of the Lord Newcastle's Forces, or of any other Forces which shall come from the South ; and thus, having nothinge to add, with my heartiest Wishes for the Prosperity of the Honourable Houses of Parliament, and my due Respects to your Lordships, I remaine, Ex'r. Your Lordship's From the Campe. humble servant, before York, < Leven. : 16th May, 1644. III. NEGLECT OF THE ENGLISH PARLIAMENT TO MAKE EFFECTUAL PROVISION FOR THE SUB- SISTENCE OF THE SCOTTISH FORCES IN IRELAND AS WELL AS IN ENGLAND. ' There are three moneths elapsed since Captaine Drumond did come hither from the Scotts Army in Ireland and according to an order of the house of Commons did represent their desires to the committee of Lords and Commons for Ireland, wherevnto as yet 578 ILLUSTRATIVE DOCUMENTS. bee hath received no ansuere, though he hath earnestly sollicitecl and dayly attended for that purpose. It seemes to be very strange, that whilst moneyes and provisions are sent to other forces within that Kingdome, the Scottish Army should be altogether neglected, and exposed to the miseries of famine and vtter destruction. It is well knowne that their faithfulnesse to the Parliament of England, preserved that Kingdome from falling whollie into the hands of the Irish Rebels, when other armies complyed with them, and agreed to the Cessation. Their sufferings and neces- sities then and since that time, cannot be paraleld by the con- dition of any other army, either in these or forraine Kingdomes. Diverse hundreds of them have perished since the beginning of that service for want of bread. The ordinary food of the souldiers for above these foure yeares past hath beine no other for the most part, than a pound of meall in the day, or at least a shilling in ten daies. Their drink was never any other but water. The most part of the officers are reduced to such penury and misery as they want clothes to cover them from the injury of the weather, although in the 5th article of the Treaty betuixt the Kingdomes, concerneing that Army, it is agreed that the Comanders and souldiers thereof shall have such pay respectively, as the Com- manders and souldiers of the English Army had, according to a list agreed upon by the Commissioneris of both Kingdomes [in the] yeare 1642. And afterwards when the pressures and burthens of this . . . e did encrease, by occasion of the differences betuixt the King and Parliament, they were moved to accept of the 5th or 6th part of that which was [due to] them by Treaty, and to respite the rest on the publict faith, vntill the affaires of this Kingdome were in a better condition. And accordingly by the votes of the 11th of Aprill 1644, there was appointed vnto them a very small proportion of 4000 lib. per mensem ; this they did expect should have beine precisely and punctually payd vnto them monethly, as being the least could preserve them any wise in being. But herein they have beine as much disappointed as formerly ; And now for these two yeares and a halfe past, all they have received of this small allowance of 4000 lib. per mensem, is only 25,000 lib. worth of provisions without any money at all. Whereas according to these votes they should have received 120,000 lib. and according] to the Treaty many thousands more, it is almost impossible [to] expresse and incredible to beleeve, how great the sufferings [of] that army have beine and to what ILLUSTRATIVE DOCUMENTS 579 extremity and utter dis[tress] are now driven ; All which being so fully represented vnto [you] by Lettres from Scotland and Ireland. For our exoneration and cleereing our selves of the guilt of any inconveniences that may ensue vpon the neglect of that army, we have found it necessary to make these things knowne to the honorable houses, and earnestly to desire that a speedy and effectuall course be taken for provideing the particulars long since given in by Captaine Drumond to the Committee of lords and Commons for Ireland ; and that a setled way be laid doune for the future intertainement of that Army, that they may be in some measure enabled to prosecute the service wherein they are engaged, or otherwise to give them reasonable satisfaction for their bypast service, that they may be dismissed according to the Treaty. They have long wrestled with invincible difficulties, fainted vnder languishing hopes of releife and trembled vnder the sense of vnavoidable danger. And seing now there is nothing before them but immediat ruine and apparent destruction, it is high time to take into serious consideration, the condition of that Army, least they being forced to think vpon other wayes of their subsistence, take such ca[re of their] preservation, as (other means failling) the [circumstances ?] require : Wherein now after so long- delay [we desire a] speedy answer of the houses before Captaine [Drummond] whom wee have long detained for that purpose [but who is now ?] resolved, according to an expresse command from . . . hat sen . . . within a very few daies to returne to that Army to give [them] an accompt of what supplyes they may expect, and how they may depend vpon any releife from this Kingdome. By Comand &c. 13 November 1646. Jo: Cheislie.' I append to this two out of many letters of complaint sent to the English Houses as to the treatment of the Scottish forces in England, the following : — I. EXTRACT FROM JOURNALS OF THE HOUSE OF LORDS, vol. vii. p. 669. ' For the Right Honnorable the Speaker of the House of Peeres. ' My Lord, ... It is well knowne to the Honnorable Houses of Parliament, that, notwithstanding they have by ordinance setled a Course for the Pay of that Army, how ineffectual! these meanes 580 ILLUSTRATIVE DOCUMENTS have proved, and that the Scottish Army hath only receaved one moneth's Pay advanced by the Citty of London for these Eight moneths past ; and we cannott understand how it should bee expected, that the Army should depend upon the Course settled by Ordinance of Parliament, which affords them noe subsistence, and in the meane Tyme Free Quarter not allowed them, nor any other meane whereby they may subsist ; and unlesse they take Free Quarter, or bee otherwise provided for, wee cannott see how it can bee avoyded but that they shall either starve or disband. Wee have sent herewith a Coppy of that Declaration ; and doe earnestly intreate the Houses of Parliament to consider to what Straites and Extreamityes that Army is driven, what Discourag- ments they meete with in the Publique Service ; and that they would be pleased to take some speedy Course, w r hereby that Army may bee entertayned, and the Inconveniencyes which may ensue upon such a Declaration speedily prevented : All which wee offer for noe other End, but that a good Understanding may bee kept betweene the Kingdomes, and that Army enabled to prosecute the Service against the common Enemy. And wee remaine Your very affectionate Freinds and Servaunts, Loudoun, Worcest. Home, Balmerino, 28 Octob. 164o. Hew Kennedy.' II. EXTRACT FROM JOURNALS OF THE HOUSE OF LORDS, vol. viii. p. 143. ' For the Right Honnorable the Speaker of the House of Peeres pro Tempore. ' My Lord, — It is above Two Moneths since the Scottish Army did, according to the Desires of both Houses, come before Newark e, where, after the takeing of Muslim Bridge, they have, in the greatest Extreamity of weather, continued in very hard Duty on the one Side, and alsoe assisted Colonell Pointz on the other; and yet noe effectuall Course is taken for their Entertainment, but the Burthen thereof hath bin left upon those Parts of the Country that have formerly bin wasted and exhausted by the Enemy ; which gives Occasion of Complaints from the People, of Wants and Disorders in the Army ; and greater Inconveniencyes ILLUSTRATIVE DOCUMENTS 581 may ensue, if not speedily prevented. Wee were in good Hopes that, when the Commissioners of both Houses did repaire to that Army, speedy Course should have bin taken for their maintenance, especially after their musters; but as yet there hath bin only offered an inconsiderable Proportion, which is noe Wayes sufficient to afford them Subsistence ; and some of the Provisions are ap- pointed to bee brought out of Lancasheir and other Places farre distant, upon which the Army can not depend for Releife. The Foote Souldier hath not received 18 d worth of Provisions Weekly since their comeing before Newarke; and when the Quarter Master Generall, who is now the Second Tyme sent hither of purpose to represent the necessityes of the Army, did come from thence, there was not 10 1. worth of Provisions in the Magasine for the whole Army. If any shall in the winter season bee put to hard Duty, and the meanes of Subsistence shal bee with-held from them, it is easy to conjecture that nothing can follow but their inevitable Ruine before the Springe. Wee have, from Tyme to Tyme, constantly solicited the Houses of Parliament for their maintenance; and wee are ashamed that our many earnest Desires in their Behalfe have not prevailed with the Houses for such an Answere as might have enabled us to have given a good Accompt of our Endeavors to those that sent us, and in some measure given satisfaction to the crying necessityes of the Souldiers, who are resolved to declyne noe Duty nor Danger that may advance the Service they are now engaged [in] at the Desire of the Houses : It is therefore againe our most earnest Request to the Houses of Parliament, that they would seriously lay to Heart the providing of that Army ; and that they would extend the same Care to them as they doe to their owne Forces on the other side of Newarke, and graunt unto them the same Allowance in Money and Provi- sions, that both may bee enabled to prosecute the Publique Service, which things being performed, wee doe undertake in their names, that as strick Order and Discipline shal bee observed there as ever hath beene in any Army within these Kingdomes ; and earnestly entreating for a speedy Answere, wee remaine, Your Lordships Affectionate Freinds, and humble Servants, Worcester House, Lauderdaill, Balmerinoth, 20 Feb. 1645-6. Hew Kennedy/ ADDITIONAL NOTES. P. 7. 1 Ragatzie, prince of Transilvania.' This was George Rakoczy, who, in 1644, having failed by negotiation to obtain from Ferdinand III. more kindly treatment for the Protestants of Hungary, entered into a league with the kings of Sweden and France, broke into Hungary with an army of 70,000 men, occupied the greater part of the country, and in the following year, by the treaty of Linz, ' pacem religioni evangelicae procuravit.' He died in 1648, mortally wounded in an engagement with the Turks. John Tolnai, who returned from England in 1638, strove to introduce the Independency, which, about that time, began to be viewed with favour there. After a fierce contest he was condemned by a district Synod, and, on his appealing from it, a national Synod was summoned by George Rakoczy in 1646, at which Tolnai was deposed, the Independents were condemned, and the existing form of Church government was confirmed and defined. This probably gave occasion to the correspondence between the Prince and the Scottish Church. See Andra's Monument a Evangelicornm Augustanae Confessionis in Hungaria Historica, vol. ii. p. 330 ; vol. iv. p. 300, also Prof. Balogh in Presbyterian and Reformed Review for January 1892, p. 159. P. 9. The Marquis of Argyll's commission was presented to both Houses of the English Parliament on July 7th, 1646, and on the following day he was formally admitted to the Westminster Assembly. His great English speech was not addressed to the Assembly of Divines, but to the Lords and Commons, in the Painted Chamber, on 25th June 1646. On the following day the speech was entered in the Journals of the House of Lords ', vol. viii. p. 392-394. P. 10. 'The new expedient concerning the militia' was that the two Houses of Parliament should have control of it for twenty years, instead of the king or his successor.— -Journals of the House of Commons, vol. iv. p. 578. P. 14. The Earl of Traquair, who, as Royal Commissioner in the Assembly of 1639, had rendered some services to the Covenanters, afterwards vacillated between their party and the king's, and only called away his son from Montrose the night before his defeat at Philiphaugh. P 21. Sir John Smith had been Provost of Edinburgh when the Council sent ' its humble submission ' to the Marquis of Montrose. P. 27. 'Mr. Alexander Casse, his book on the practices of the Jesuits.' I cannot find that this book was actually published. Casse was minister of Polwarth, and as his name stood first on the roll of the Assembly of 1638, and unfortunately rhymed with that of an animal not in high repute, occasion was taken by some royalist witlings to make merry over him and his following. — Scott's Fasti, Pt. 11. p. 423. In Peterkin's list of the Assembly his name is given as Carse, not Casse or Case, and it is so given at times in these Records. P. 35. Strang's 'infirmities.' In the last session of the Assembly 1646, mention is made of 'three Acts concerning Dr. Strang,' which, however, were ADDITIONAL NOTES 583 not printed, and even here no particulars are given about these c infirmities.' From Baillie's Letters, vol. ii. p. 322, we learn that the Commissary had been too busy for Montrose when he entered Glasgow and laid it under contribution, 'for which they say he is now fast and will not come off while {i.e. until) he leaves his place and a great fine behind. / fear the Principal's case shall be little better." Baillie, however, deprecated his deposition, vol. ii. pp. 377, 399- P P- 38, 39- Both Aiton and M'Crie state that the 12th of August is men- tioned on his tombstone as the day of Henderson's death, but the true date was the 19th, which Brown says is really the reading of the stone. The inscription was defaced after the restoration, and it was only when happier times returned that it was renewed. On the 21st, amidst universal lamentation, he was buried, Aiton says 4 in S. Giles' Churchyard, near to the grave of Knox,' his great pre- decessor ; 'and when this burial ground was converted into the Parliament Square, his body was removed to the Greyfriars' Churchyard' {Life of Henderson, p. 606), while M'Crie and Woodrow say he was buried at Greyfriars. His last illness is variously represented as consumption, fever, and jaundice, but all concur in testifying that it was brought on by his great grief of heart at the obstinacy of the king, and the misunderstandings and calamities he anticipated to result therefrom. As our great Reformer had been traduced by his enemies as having recanted on his death-bed, and expressed his unfeigned sorrow for the part he had acted, so rumours were circulated soon after Henderson's death by those who had feared and traduced him, while he lived, that he in his last illness had expressed his deepest regret for the part he had acted, and nearly two years after a forged ' Declaration ' was put into circulation by some favourers of the ' un- lawful engagement,' in which, while adhering to the Second Reformation in Scotland, he is made to pass a high panegyric on the king, and condemnation of the proceedings of the English Parliament, and even regret of the attempts made to subvert the hierarchy and set up Presbyterianism in England. The first vague rumours were at once contradicted by those who were about him in his last hours, as well as by Blair, who was with him at Newcastle, and Baillie, who was in correspondence with him to the last, and the formal Declaration as soon as pub- lished was condemned by the Assembly as 'forged, scandalous, and false.' P. 100. Mr. Robert Traill was settled as minister at Elie, in the Presbytery of St. Andrews, in 1639, and was transferred to Edinburgh in 1648. He belonged to the party of the Protesters, and was exposed to many trials after the Restora- tion, like most prominent members of his party. P. 100. Balcanquhal, Dean of Durham. As he had made himself very busy on the king's side when in attendance on the Marquis of Hamilton at the Assembly of 1638, as well as subsequently, his 'letters and papers' probably compromised several of the weak-kneed who had ultimately taken the Covenant, and so it seems to have been deemed inexpedient to make any public use of them. Pp. 100-103. Wright, Wilkie, and Douglas' relaxation. The two former, as well as Strang, had been implicated with several leading Glasgow laymen in the negotiations with Montrose (Baillie's Letters, vol. ii. pp. 322, 377), and probably the ' escapes ' of Douglas were somewhat similar. Pp. 105, 106. ' Extraordinary thunder ' in neighbourhood of Dundee. I have failed to find any account of this great thunderstorm. The extant records of the 584 ADDITIONAL NOTES Presbytery of Dundee do not go back to this date. The Acts of the Parliaments of Scotland make no reference to the recommendation of the Commission on behalf of the sufferers. The writer of the old Statistical Account of Dundee knows so little of it that he says, 1 No tradition or history speaks of any damage done in Dundee by thunder.' For an account of a later storm see p. 589. Pp. 109, 129. Cruelty of rebels to the brethren of the Presbytery of Dun- blane, and especially to Messrs. Reid and Kirk. The statements here made, as well as those given subsequently, are sadly at variance with those of the pane- gyrists of Montrose as to his great chivalry and forbearance towards those not found in arms against him, and the strict restraint he exercised over his wild Highland and Irish followers save in the heat of battle. See also what is said elsewhere of Messrs. Gairden and Massie (p. 144), Mr. Andro Fraser (p. 172), and of Messrs. Balfour and Rosse (p. 192). Gellie (p. 225) ' suffered not only the utter spoyle of all his goods and means, but great wounds also in his person ;' Jameson and Scott (p. 261) endured great sufferings and losses, with hazard also of their lives ; Isabel and Agnes Forbesses (p. 262), besides the spoil of all their goods, had their husbands killed ; and Elspeth Forbes, an aged gentlewoman, was harried and spoiled of her whole livelihood.' Pp. 157, 158. Seaforth's ' Divisive Band and Remonstrance,' or, as it is termed in the Act of Assembly 1646, condemning it and excommunicating him, ' An humble Remonstrance against our National Covenant and the League and Covenant of the three kingdoms,' consisted 'of seven articles, the first whereof contained an invitation to the king to come to Scotland.' He not only sub- scribed it himself, but 1 seduced and threatened others to subscribe and join with him in prosecution of his treacherous and wicked designs.' He professed to have destroyed it, though not to remember when he had done this. — Peterkin's Records of the Kirk, p. 445 ; Blair's Autobiography, p. 180. For the bonds he signed with Montrose in 1640-1641, see Baillie's Letters, vol. ii. p. 468. Pp. 159, 160. General King had been one of the royalist generals, and had command of one of the divisions of the royal army in the battle of Marston Moor. — Baillie's Letters, vol. ii. p. 204. He had been forfeited in 1644, but was restored in 1647, and recommended ' to the crowne of Sweden and the town of Hamburg.' — Acts\of Parliaments of Scotland, vol. vi. Pt. I. p. 700. P. 161, Note 1. The Confession of Faith, which had been presented to the House of Commons on 4th, and to the House of Lords on 7th December 1646, was printed by the 19th, for in Perfect Occurrences of both Houses of Par- lia?nent . . . for the week ending 25th December 1646, under date of Saturday 19th, we have the following entry : ' This day there were delivered in print to the Parliament The Humble Advise of the Assembly of the Divines now by atithority of Parliament sitting at Westminster concerning a Confession of Faith, presented by them before in writing to both Houses, consisting of 33 chapters (enumerated), subscribed by Charles Herle, Prolocutor-, Cornelius Burgesse and Herbert Palmer, Assessors ; and Henry Robrough and Adoniram Byfield, Scribes' — E King's Pa)nphlets, in British Museum. The first edition of the entire Con- fession folluws as No. 3 in this volume of Pamphlets. P. 163. 'Mr. Robert Campbell, killed by the Irish rebels in Blakwater.' I can find no reference to this sufferer in Reid's long list of Protestant ministers ADDITIONAL NOTES 585 put to death by the Irish rebels, unless he falls to be identified with the unnamed Scottish minister, who, along with 600 Protestants, was massacred after an un- successful engagement with an Irish contingent, commanded by the notorious Alaster Macdonald or his sons. — Reid's History of Presbyterian Church, vol. i. P- 313- P. 171. Queries from Province of Murray. It is clear from these queries, and the answers to them, that the number of complying ministers had been much larger than is generally supposed — though self-preservation may have had more to do with their 'escapes and infirmities in the day of tentation,' in at least a number of cases, than change of former convictions. P. 176 Repayment of Dr. Sharp's loan. The provision made by the Parliament for repayment of Dr. Sharp was from the first ^"50,000 of the second ,£200,000 promised them by the English Parliament, but no part of this seems to have been paid, and on the 13th April 1648 payment was promised out of the ' monthly maintenance ' and excise, but neither was this made, and the only reply made to the Assembly's application in the following year on behalf of his widow was that the Parliament would take it into consideration after the public business. P. 179. 'The lamentable conditions of the lairds of Glenurqhie and their tennents.' Their chief, Campbell of Glenurquhie, like others of his clan, was specially obnoxious to Montrose and Alaster Macdonald, and when making their raid into Argyllshire, Mr. Napier tells us, ' On they swept to Loch Tay, by both sides of which the clansmen pursued their fiery course, burning, through Breadalbane, the no less hostile country of Campbell of Glenorchy, and so through Lorn to Argyle proper.' The lands were again harried and burned by Middleton in 1654, because Glenorchy was suspected of siding with Argyll and the English. P. 189. Mr. John Ward, minister of Ipswich, appointed to accompany the Commissioners of the English Parliament to Scotland, was one of the super- added members of the Westminster Assembly, admitted on 3d February 1644-5, and added to the Committee for the North on 3d November 1646. They came to Edinburgh about 20th Feby. 1647, and on the 23d the Commission report to their representatives at London that certain of their members had saluted the Commissioners, and particularly certified their respects to Mr. Ward (p. 211). P. 236. For withdrawal of Wynraham's allowance after Lauderdale's return to London, see Acts of the Parliaments of Scotland, vol. vi. Pt. I. p. 812. Pp. 243-244. Marquis of Huntly's house within Loch Kenmore. (?) This loch, called by Wyntoun Canmore, from its supposed connection with Malcolm Canmore, but now commonly designated Loch Kinnord, is a small lake in one of the glens of Deeside, with an island — originally a crannog — near one end of it, which, at this period, was connected with the mainland by a drawbridge. The Marquis had on this island a strongly fortified peel, to which he could retire in times of danger. For an interesting account of its history and anti- quities, see Loch Kinnord, by Rev. J. G. Michie, also Maclagan's Hill Forts . . . and other Structural Remains of Ancient Scotland, pp. 71, 91. Two of the Marquis's sons, Lord Gordon and Lord Lewis, at first had refrained from joining 586 ADDITIONAL NOTES Montrose, and, under the influence of their uncle, Argyll, sided with the Covenanters, but in the spring of 1645 tnev were reconciled to their father, and persuaded to join Montrose. Lord Gordon was slain in the battle of Alford, and Lord Lewis, with his contingent, left after the battle of Kilsyth, and was guilty of various acts of oppression and spoliation on his wav north. Pp. 250, 269. 'James Gordon, called Treeleg,' and ' Patrick Gordon, called Steillhand,' probably because the former had a wooden leg, and the latter some steel substitute for a hand he had lost. A French officer who lost an arm at Fontenoy, and had an iron one made, was surnamed Bras de Fer. P. 252. 'Desolate condition of Badyenoch' and ' fearfull estate of Lochaber.' These wild regions were the resort of outlaws and 'broken men,' ever ready to harass and plunder their peaceable neighbours in the more settled districts of the country. Huntly had been detained in Edinburgh by the Privy Council in 1636, as security for their good behaviour, and there and in Atholl was found the nucleus of Montrose's army of Scotch Highlanders. Probably the life of a Low- land minister among them would have been as hazardous as that of a modern missionary in the heart of Africa ; but it is sad to think that Lochaber appears to have been left uncared for ever since the Reformation, and that the Marquis of Argyll had not, up to this date, fulfilled the promise he had made to the General Assembly in 1642, to provide Lochaber with three ministers, the least of whose stipends was to be 500 merks. The reference of this urgent matter by the Commission to the Assembly of 1647 no doubt led that Assembly to pass its 'Act for pressing and furthering the plantation of kirks ; ' but so far as these districts were concerned, the Act seems to have been a dead, letter, as were also the letters written by the Commission in April 1648 at the request of the Marquis of Argyll to the Synod of Murray and. Presbytery of Aberlour, and all that the Assembly of 1648 ventured to do was to recommend the Provincial Synods of Aberdeen, Angus, and Murray to give temporary supply to the kirks of Badenoch and Lochaber within their respective bounds. See Spalding's Memorialise vol. i. pp. 419-431 ; Peterkin's Records of the Kirk, p. 520, Act 188. P. 275. Letter of 8th June 1647 from Commissioners in London. On 4th June Col. Joyce, with a party of soldiers from the army, carried off the king from Holdenby, the king declaring himself 'unwilling,' and the Parliamentary Commis- sioners who were with him protesting against their action. On the following day the Earl of Dunfermline appeared at Westminster with a message from the king to the Houses that he went from Holdenby unwillingly, and desired that the Parliament would neglect no means for preserving their own honour and the established laws of the land. On the afternoon of the 6th the Houses sat, though it was Sunday, and the Lords entered in their Journals the paper lodged the previous day by the Scotch Commissioners with the Committee of both kingdoms, protesting against the violence done to the king — ' an action which would certainly be highly resented by the kingdom of Scotland, and must needs be dangerous to both kingdoms,' and proffering the hearty aid of the kingdom of Scotland for rescuing and preserving His Majesty's person, and for maintaining the privileges of the Parliaments. On Monday the address which Lord Lauderdale had given when delivering this paper to the committee was also in- serted. — See Journals of the House of Lords, vol. ijc. pp. 242, 244, 245. ADDITIONAL NOTES 587 P. 278. ' Lues Gordon that vile rebel.'. While his father and elder brother were specially excepted from pardon, it was voted by Parliament, probably through the influence of his uncle of Argyll, that Lewis might 1 have some conditions.' The Commission, on 1st September, recommended that he should be put 'in firmance' (p. 305). In 1649 he got conditions from Lieut. -Gen. Leslie, and in 165 1 the Marquisate of Huntly was restored in his person. — Acts of the Parliaments of Scot/and, vol. vi. Pt. II. pp. 394, 648, 652. P. 305. ' Debeats in the Assembly of Divines concerning Toleration.' The only debates on Toleration or Accommodation I know of occurred not in the Assembly of Divines, strictly so called, but in a Committee composed partly of members of the Assembly — Independent as well as Presbyterian — and partly of members of the Houses of Parliament. These were being prepared for the press in 1647, and were published in 1648, and again in 1652, with the title Papers . . . given in to the Honourable Committee of Lords and Commons and Assembly of Divines, with the Scotch Commissioners for Accommodation. They are usually bound up with The Reasons presented by the Dissenting Brethren against certain Propositions concerning Presbyteriall Government, together with the Answer of the Assembly to those Reasons. London, 1648. P. 326. ' The Assembly conceive Christ calleth on them to give some public testimony for the treuth against these detestable ways.' This and the encourage- ment given them by the Commission in their letter of 26th November was pro- bably the origin of that remarkable series of ' Testimonies to the truth of Jesus Christ and to our Solemn League and Covenant ' which, headed by one from the ministers witnin the Province of London on 27th December 1647, continued during the next two years to be issued by the ministers in a large number of the counties of England. P. 329. ' No young man having the people's call and the patron's presentation can, by the order and practice of this Kirk, be rejected without trial.' About this no doubt has been raised in subsequent times. But the question has been raised whether, if he had only the presentation of the patron, and lacked the positive or negative acquiescence of the people, the presbytery might not reject him without trial, and most mournful have been the consequences that have resulted from the differences the discussion of the question occasioned. Now that pre- sentation by patrons has been abolished and the election of the minister declared to vest in the people ' cadit questio. ' Pp. 355-6. When the king failed to come to an agreement with the army, and began to be suspicious of their intentions towards him, he succeeded in making his escape to the Isle of Wight. The English Parliament again appointed Commissioners to treat with him. Owing to the misunderstandings which had arisen between the two nations, the Scotch Commissioners resolved to act separately, and succeeded in coming to terms with him though the English did not. From the jealousy with which they were now regarded, and the interfer- ence with their letters and papers on previous occasions, they did not venture to carry this treaty with them through England, but buried it in the island. But though they were able to give only an oral report of it, they seem to have brought with them the king's letter to the Moderator and Commissioners of the General Assembly of the Kirk of Scotland, which, so far as I know, has never been published. It was at this juncture that certain Commissioners from 588 ADDITIONAL NOTES the English Parliament, accompanied by two members of the Westminster Assembly, came down to Scotland, as mentioned in note to p. 359. Their instructions, besides those quoted in note, p. 359, were not to ' offer payment ' (Civil War, ill. 293), but to promise payment, as soon as they could raise the necessary funds, of the instalment of the ^"200,000 then due, with interest till it should be paid, and also to fix the amount due to the Scottish forces for their long services in Ireland. No part of this last sum was ever paid, nor, so far as I can find, any part of the above ,£200,000. What the parliament sent down was not 'money to bribe,' as Montreuil asserts, but promises to pay debts with interest thereon. These promises were repeated on 17th June (Lords'' Journals, x - 33°)j but no doubt Hamilton's expedition in July was held to clear all accounts. P. 359. Addition to note. At first the members of the Commission of As- sembly do not seem to have shown the same favour towards Marshall as toward- Herle. Rushworth tells us they were unwilling to let him preach in their pulpits, saying he had turned Independent, and been a chief instrument in bring- ing the army into London, and making peace between them and the authorities of the city. On 6th March it is reported, ' Mr. Marshall not being smiled upon inclines to a return. Mr. Herle has preached publicly, and was well liked, only he prayed not for the king ; he pressed stiffly the Covenant, and also against Sectaries' (Rushworth's Historical Collections, vol. viii. p. 1020) ; but on 13th March it is further reported, ' Mr. Marshall haih had civil usage and respect from the Divines, he preached the last Lord's day with very good liking ' (p. 1026). If the Commissioners did not actually or intentionally stir up the strife between the Parliament and the Commission, it is clear from many of the references to it in the above volume of Rushworth, that they viewed it with complacency, and reported that it was likely to save them from risk of the war they had feared. P. 431. Numbers of members of Commission had withdrawn from its meetings. This confirms what Baillie says (vol. iii. p. 41, 46), that several of their mani- festoes at this crisis were not so unreservedly accepted as those previously issued ; that it was too much left to the more extreme men to frame them, the more moderate either remaining silent or staying away. ' The peremptor rigidity of some, the too great simplicity of others, and the evil talents of more,' helped Colville and Ramsay 'to frame a faction for dividing our Church.' At the most important crisis he ' was forced to keep his chamber ten days. In this interval Mr. Gillespie, without much contradiction, got into his representation whatever either himself or Warriston or Guthrie had collected, which made it tediously long, and in sundry things needlessly quarrelsome.' Pp. 481, 482. Charges against ' Mr. Andro Ramsay.' Ramsay was an old minister, and held in great respect for his learning and abilities. He had entered the ministry in the Episcopal times, but joined the great majority of his country- men in protesting against the book of canons of 1636 and the liturgy of 1637. He sat in the Glasgow Assembly of 1638, and for several years took a prominent part in the work of the Church Courts. But he did not go along with the majority of his brethren in their opposition to the Engagement, and he met with rather harsh treatment at their hands in consequence. He succeeded Henderson as Rector of the University, and left certain bursaries for students in Divinity. Pp- 373, 385. Declaration of 1st March 1648. The copy of this rare pamphlet, contained in a volume lent me from the Episcopal Library at Brechin, has the title-page as given in the note p. 385. That in the Advocates' Library is said ADDITIONAL NOTES 589 in the catalogue to be without title-page and, of course, without printer's name, and the following extract would seem to show that part at least of the copies were so issued : — ' Mr. James Hamilton, ane of the ministers of Edinburgh, with some other ministers, produced from the Committie of the Church their Answer to the Answer given be the Estates of Parliament to them, efter the in-giving of their Declaratione and reading thereof in plaine Parliament, And this answer of the Church being read in audience of the Parliament, and it being put to the question whither the printer of the Churches Declaration should be send for to the Parliament, It wes carried in maniest voyces that the printer should be send for, whilk being accordingly done, and the printer called in face of Parliament, viz., Johne Twyne, and being interrogat be what warrand he printed the afore- said Declaration, declared that he had warrand from Mr. Andrew Ker, Clerk to the General Assembly of the Church, for printing the said Declaratioune, Lykas conforme to the warrand he printed 2000 of them, whilk he delivered to the said Mr. Andrew Ker, and produced his warrand for printing of the foirsaid Declara- tioun, whilk was given bak to him.' — Acts of the Parliaments of Scotland, vol. vi. Pt. 11. pp. 11, 12. Since the note at pp. 583-4 as to the extraordinary thunder in the neighbour- hood of Dundee was put in type, I have received a letter from A. Maxwell, Esq., who is so thoroughly acquainted with the early history of the city, and I cannot refrain from subjoining the following extracts from it : — 1 Some time ago I went carefully over the Town Council Minutes for the period named, and am satisfied that they do not have anything on the subject, and since receiving your letter I have searched the Records of the Burgh Court during the year 1646 without finding any reference to the storm. ' ' The reason of this is probably because serious damage had been confined to landward parishes.' ' I find from the Council Minutes that at a later time there was a storm, the effects of which were seriously felt in Dundee, and of which there is considerable notice. This took place on 13th October 1669, and is referred to as " the last great storm," and as " the sad and extraordinary late tempest whereby their piers, bulwarks and others were destroyed, or the greater part." The Town Council made applica- tion to Parliament and to the Convention of Burghs " for getting a supply for the Town's losses," which they followed by "ane supplication made to His Majesty anent the town's losses," and also by "letters to the noblemen of the kingdom, the Archbishop of St. Andrews, the Bishop of Brechin, and such others as sail be thought convenient for forwarding the said petition." Although the Council obtained no " subsidy from Parliament, they were authorised to ask for a voluntary contribution through the kingdom, they obtained sanction for a temporary additional impost on malt, and on all wines and strong waters vented within the burgh, and had a grant of two additional annual fairs, for repairing the losses sustained by the town by the late storm of weather." It is a peculiar and unusual feature in the notices of this tempest,' Mr. Maxwell subjoins, 'that there is no attribution of it to the hand of Providence, and I cannot avoid con- necting this with the fact that Grissell Jaffray, a famous Dundee witch, was burnt within six weeks after its occurrence, and am inclined to think that the poor woman had been charged with raising the storm ; but I propose to look for further information on this matter, which only came to my knowledge a few weeks ago.' P. 343. Addition to note 3 . Very little seems to be known regarding the author of this Historia. A manuscript copy of the first ten books of it is pre- 590 ADDITIONAL NOTES served in the Advocates' Library, as well as a manuscript History of Scotland. This last is mainly a translation of Buchanan, but has various additions from other sources. If the following verses inscribed on the title-page of the Historia in one of these volumes (MS. 35, 1, 2), relate to himself, they contain more definite information about him than is supplied in any of the brief notices I have seen : — In patriam charus vixi, iucundus amicis, Re medica frugi, libera mensque mihi ; Pauperibus bona cuncta dedi ; monumenta reliqui Exigui ingenii pignora fida mei, Pro quibus officiis grates mihi postera reddent Saecula, sic cineri spes superesse meo est. Funeris exequias fido commendo sodaii, Quern celebrat vera; pectus amicitiae. Pp. 559, 561. The following is the paper proposed to be waived : — ' Act and declaratioune of Parliament in answer to the Petitiones of the severall Synodis and presrytries. 'The Estates of Parliament, finding by the petitiones presented to thame by the severall synodis and presbyteries That their present proceedingis for the good of Religion, his Majesties rescue and saifety, and the true peace of these king- domes Is much misconstrued and misvnderstood, They have thought fitt to declaire for the satisfactioune of all suche as are satisfieable, That in their vnder- takinges at this tyme They sail preferr no earthlie consideratioune to their dewties for preserveing Religion in Scotland in doctrine, worship, discipline, and govern- ment, as it is alreddie established, and for endeavouring to setle [it] in England and Ireland according to the Covenant, And as we cannot with saifety to our consciences and honours Live and suffer our king to continew in his base im- prisonment, So our vndertaking for him sail ever be subordinate to Religion and to our dewties to God, and in the persewance of these endis, As wee sail imploy nane in our Armie Bot such as have signed the solemn league and Covenant, and such againest whome there is no just caus of exceptioune, So wee sail associat with none bot such as will ingadge themselves to be faithfull to the endis of the Covenant, And our vndertaking sail not be in anywayes against the kingdome of England, or to break the vneon betweene the two nationes, Bot only for reforma- tioun and defence of Religion, the honour and happines of the king and his royall posteritie, And the peace and saifety of these kingdomes against such who have destroyed religion and imprisoned our king, And certanelie when they have brought their intendit confusioune in England to pas both in Church and Staite, Wee cannot hope for saifety [here] whatsoever their professioune may now be. Thairfore wee are resolved to proceid in this Levie in a vigorous doeing of our dewties, and we doe expect frome yow, and all his Majesties good subjectis, a ready obedience to the Commandis of the parliament and Committee of Estates in persewance thereof, And the Estates of parliament Remittis to the Committee of Estates To give furth ane more full declaratioun of the great endeavours the parliament hes vsed, And still resolves sail be vsed, To satisfie the desyres of the Comissioners of the generall assemblie, And to answer their paper given in this day to the parliament, And ordaines this act to be printed and published and sent to the Committee of Estates to the severall presby tries. ' — Acts of the Parlia- ments of Scotland, vol. vi. Pt. II. p. 107. The petitions of the Committees of War in several shires for delay of the levies till the Kirk was satisfied, answered on the same page, show the support the clergy had from the gentry. INDEX Aberbrothick, 483. Aberchirdour, 376, 332, 346. Abercorn, earl of, 16, 66, 106, 233, 234, and n. 281. Abercrombie, Andrew, 52, 258, 264. Aberdeen, xiii, xviii and n., 15-17, 19, 22, 36, 43, 52-54, 60, 63, 65, 77, 108, 114, 134, 136, 141, 145, 158, 165, 172, 176, 178, 186, 193, 203, 214, 216-218, 227, 231, 238, 240-245, 255, 259, 261, 262, 264, 272, 276, 277, 354, 515, 522, 554 n. Aberdour kirk, Aberdeen, 214 and;/., 215. Aberlour, 237, 249, 252, 258, 433. Abernethy, 252 253. Abertarf, 172. Aboyn, 260. laird of, 280. James Gordon, lord, no, 136, 260, 264, ;/. 585. Ach. See Avoch. Adair, William, m.c, 4, 156, 206, 208, 211, 330, 339, 348, 512. Adam, Colin, m.c, 302, 351, 363, 395, 400, 472, 482, 488. Adamson, George, of Braco, 242. of Floors, 265. John, principal of Edinburgh university, and m.c, 3, 7, 16, 20, 21, 27, 37, 77, 102, 146, 147, 153, 156, 168, 173, 191, 192, 282, 301, 318, 343, 349, 367, 384, 415, 459, 475, 489, 514, 534, 570. Patrick, 554, 555. William, of Flure, 242. Advice and Petition of the Commission . . . to Parliament, 562 and 11. Affleck or Auchinleck, Andrew, m.c, 108, 115, 302, 351, 365, 366, 482, 484, 485. James, m.c, 4. Aird, Francis, m.c, 45, 302, 392, 393, 423. Airds, viscount. See Montgomery, lord. Airlie, James Ogilvie, earl of, 55, 73, 74 ; excommunicated, 20 ; his petition, 30 ; his papers unsatisfac- tory, 45 ; conference recommended for relaxation of, 50, 52 ; to be con- ferred with regarding his confession, 61; conference continued, 64; to be relaxed, 113; sackcloth indis- pensable, 133 ; report of conference, 137; relaxed, 138-146; signs the covenants, national and solemn League, 153. Aitkin, James, minister at Birsay, 213. Alexander, Fergus, minister at Kil- mood, Ireland, 195. Alford (Awford), xviii, 223, 250, 251, 254, 261, 269 n., 586. Algiers (Argeirs), Scots captives in, 187 and n.y 202, 203, 208 and 211, 574, list of captives, 575. Alison (Aleson), Robert, 168. Allan. See Ellon. Alvie (Skiralvie), 253 and 433. Amisfield. See Charteris, sir John. Amsterdam, 343 n. Ancrum, 360. Anderson, George, Miltoun, 249. Gilbert, m.c, 4, 158, 268, 302. John, 575. Angus, 482, 522. Archibald, lord, m.c, 4, 106, 153, 233, 234, 302, 328, 338, 351, 36o, 544. Annan, John, 143, 146, 164, 165, 168, 171, 262, 271. Anstruther, John, 62. Antrim, 68. earl of, xvi, n. , xvii. Arbuthnot, Robert, of Findowrie, m.c, 302, 393, 403, 4", 440, 443» 447, 456, 472, 474, 475, 489. Archibald, Hew, 7, 103. Archinlaye's regiment, 205. Ardchattan. See Campbell, John. Ardersier, 267. Ardlogie. See Gordon, John. Ardnamurchan, 68. See Campbell, sir Donald. Areskine. See Erskine. Algiers. See Algiers. 592 INDEX Argyle, Archibald, marquis of, //i.e., xxiv, 4, 9, 12, 14, 59, 77, 78, 100, 156, 190, 203, 205, 219, 252, 265, 302, 361, 392, 394, 400, 405, 408, 433; Seeieru/its : 77, 104, 133, 141, 156, 173, 186, 207, 219, 305, 307, 313, 355, 366, 37i, 372, 3S9, 582, 586. Argyll, xviii and xx'iin., 26, 45, 49, 55^ 62, 70, 76, 104, 121, 125, 173, 190, 197, 219, 231, 354, 358, 408. Armentiers (Armenteers), 223. Arniston. See Dundas, sir James. Arnot, Robert, provost of Perth and //i.e., 4. Arran, earl of, 554. Arrandoull. See Gordon. Arras (Arris), 223. Aslowan. See Forbes, John. Assynt, 192, 282. See M'Leod, Donald. Atcheson, Robert, 436. Atherny. See Rig, William. Athole, 50, 52, 113, 199, 583. Auchinleck. See Affleck. Auchmedden. See Baird, James. Auchniall, 249. Auchterarder, 34, 114, 129, 134, 145, 282, 352, 358, 513, 534, 540. Auchterlonie, David, //i.e., 4. Auldearn, xviii. Austin (Austein), Samuel, //i.e., 4, 99, 113, 193, 195- Avoch, or Ach, 267. Aw ford. See Alford. Ayr (Air), 4, 199, 214, 339, 348, 512, 522, 534, 543- Aythin, lord. See King, general. Baccheltoun. See Oliphant, John. Badevie. See Baldovie. Badenoch, xv, 252, 433, n. 586. Baillie, lieut. -general, 35, 265 ;/. Robert, minister and professor in Glasgow, //i.e., 4, 5 n., 1 1, 12, 59, 79, 99, 105, 162, 175, 181 and n., 187-189, 191, 278, 284, 301, 303 71., 306, 319, 346, 249, 351, 354, 359, 360, 362, 368, 383, 384, 388, 389, 393-395, 400, 406-408, 455, 458,459, 472, 474, 475, 489. sir William, of Lamington, 31, 39- 41, 52, 63, 66, 138, 277, 280, 284. Bainton, Mr., 576. Baird, James, of Auchmedden, 204, 215- Balcanquall, Dr., 21, 100, n. 583. Balcarres, lord, 35, 162. Baldovie. See Ogilvie, major John. Balfour, Alexander, //i.e., 3, 47, 156. Balfour, David, 575. George, 192. Balhousie (Bousie). See Hay, Francis. Ballengask, laird of, 258. Balloch, 157. Balmain. See Ramsay, sir Gilbert. Balmerino, John, lord, //i.e., 4, 5 n., 9, 22, 77, 78, 100, 142, 144, 153, 178, 179, 234, 3° 2 , 303 361, 442, 444, 580, 5S1. Banchory (Banchrie), 259. Banks, Bernard, 235, 237. Bannatyne, Hector, of Karnes, 206 and Barclay, John, //i.e., 302, 351. Ro., 575. Barganie, John, lord, //i.e., 302. Barnes, lady, 36. Barochane. See Fleming, Patrick. Bayn, Alexander, 283. captain Alex., 283. Duncan, 256. Rorie, 283. Beatoun, David, of Creich, 440. Beattie (Beatie), Edward, quarter- master in lord Montgomerie's regi- ment, 157. Bedell, bishop of Kilmore, 401 11. Beggars, 123. Bell, James, Glasgow magistrate, 129 140- 1. John, //i.e., 301, 456, 459, 472, 475- William, 1 14. Bellie parish, 250. Bellita. See Home, John. Benburb, 401 n. Bennet, Andro, 440. George, //i.e., 301, 436, 437. William, //i.e., 3, 7, 10, 15,22, 26, 27, 29, 31, 34, 35, 46, 50, 52, 53, 56, 60, 103, 108, III, 113, 125,126, 128, 133, 138, 141, 145, 146, 153, 156, 157, 168, 178, 190, 192, 195, 199, 225, 228. Berwick, 563. Bigamy, frequency of, 123. Biggar, 107, 140, 208, 402, 450, 534. Birnie, Robert, //i.e., 103, 302, 386-7, 410. Birsay, 213. Birsbane. See Brisbane. Birse, 163, 173. Bishoptoun. See Brisbane, John. Bittenboig, 264. Blackader. See Home, John. Blackburn, William, 136. Blackwater, 163, 584. Blaik, Margreat, 575. Blair. See Colvill, Alexander. INDEX 593 Blair, Alexander, 205, 273. Hew, minister in Glasgow, 308. James, 360. Robert, minister of St. Andrews, m.c, 3, 8, 15, 22, 47, 52, 53, 56, 77, 132, 140, 141, 144, 146, 147, i53» 154. 157, 163, 165, 168, 169, 173, 175, l86 > 219, 232, 237, 262, 302, 304, 306, 318, 319, 321, 346, 348, 350, 35i, 360, 370, 372, 383, 3 8 4, 385, 395, 397, 400, 401, 403, 407, 408, 420, 425, 427, 428, 429, 432, 436, 437, 440, 442, 445, 447, 475, 484, 4^9, 5^, 536, 544, 559, 566. Blair Athol, 114. Blindlie. See Pringle, Robert. Bog of Gight, 259 and n. Boggesse. See M'Kay, William. Bogie. See Innes, William. Boleskin, 172. Bonar, James, //i.e., 4, 26, 27, 29, 35, 133- Book of Common Prayer, 58, 499. Borland. See Hamilton, Hew. Borthwick, Patrik, 436. Botarie. See Pettarie. Bothwell, 205. Botriphnie, in Strathbogie, 247. Bouchier, sir John, 279. Bousie. See Hay, Francis. Boyd, James, son of the bishop of Argyll, 206 n. Robert, minister at Bothwell, 205 and Zachary, minister of High Church, Glasgow, 192, 301, 350, 415, 431, 450, 483, 488, 489, 527. Braco, 242. Brakeless, 261. Breadalbane, xviii and «., 147, 190, 219, 231. Brechin, 36, 73. George, lord, m.c., 302. Bridgend. See Ogilvie, Patrick. Brigton. See Lyon, Frederick. Brisbane, John, of Bishopton, m.c. , 302. Matthew, m.c, 4, 24, 26, 29, 37, 39, 40, 103, 279, 284. Robert, 540. Brodie, Alexander, of Brodie, m.c, 4, 21, 26, 27, no, 168, 302. Joseph, m.c, 3, 39-41, 46, 102, 284. Broomlie, Robert, 115. Broun, Adam, minister at Kilpatrick, 206. Browne, James, 436. Bruce, James, m.c, 3, 63, 277. Bruce, Walter, m.c , 302. sir William, captain in lord Ramsay's regiment, 159. Bryson, colonel, 240, 285, 345. Buccleuch (Bacleugh) Francis, earl of, m.c, xxiv, 4, 302. Buchantie. See Murray, Robert. Buckholme. See Pringle. Burgess, A., 343. Burgesse, Cornelius, 584. Burleigh (Burley), Robert, lord, m.c, 4, 49, 51, 54, 65, 388, 389, 408. Burnes, John, 436. Burnet, George, minister at Strauchan, 259- Burntisland, 100, 142, 241, 272, 281, 370. Bute, 207. Byfield, Adoniram, scribe to Westmin- ster assembly, 333, 584. Caddell, 433. Cairnie, in Strathbogie, 261. See Grahame, Robert. Caithness, 172, 237, 263, 305. Calder. 141. Calderwood, David, minister at Pen- caitland, m.c, 3, 16, 21, 27, 29, 39-41, 102, 284, 301, 306, 318, 319, 337, 338, 346, 348, 349-352, 357, 359, 360, 384, 385, 394, 395, 400, 408, 519, 536, 544, 559, 566. Callendar, James, earl of, m.c, 302. Cambuslang, 103, 203. Cameron, Evan, m.c, 4, 45, 130, 302, 433, 434, 438, 489. J., 67. Neill, 205, 220. Campbell, Archibald, of Otter, 220. Charles, 575. Colin, Glasgow magistrate, 129 it., 140, 141, 195, 199. D., 482. David, m.c , 4. Donald, of Glenmasson, 220. sir Donald, of Ardnamurchan, 220. Dugald, 203, 220. Duncan, bailie-depute of Knap- dale, 220. of Illangreig, 220. Elizabeth, 147. George, sheriff-depute of Argyll, 221. sir Hugh, of Cesnock, m.c, 4, 302, 425. James, minister in Dunoon, 220. John, of Ardchattan, 220. of Lochnell, 220. Marjorie, 147. P 594 INDEX Campbell, Neil, of Duntroon, 220. Robert, 163, 195, 199, and u., n. 584. sir Robert, of Glenurquhie, 179, 180, 220, ;/. 585. William, m.c, 4, 26. Campvere, 208, 343 11. Canongate (Cannogait), 386. Cant, Alexander, 46, 54. Andrew, minister in New Aber- deen, m.c, 4, 8, 17, 22, 27, 31, 37, 41, 46, 47, 50, 52, 53, 54, 56, 61, 65, 66, 70, 72, 77, 99, 102, 103, 108, in, 125, 126, 133, 139, 141, 142, 144, 146, 147, 153, 156, 163, 165, 167, 168, 173, 178, 180, 186, l 9°> 1 93 1 !99> 201, 204, 205, 206, 208, 262, 302, 350, 351, 352, 357, 358, 359, 360, 361, 367, 384, 386, 387, 392, 393, 394, 395, 396, 397, 398, 400, 406, 407, 408, 411,415, 420, 423, 427, 428, 429, 432, 436, 437, 440. Carinton, 9. Carisbrook castle, xxxvi, 429. Carlisle, 563. Carluke, 226, 235. Carmichael, Frederick, m.c, 302, 351, 450, 452, 456, 472, 474, 481, 485, 536, 544, 559, 56i. Carmucks. See Kennedy, John. Carnfield, 248. Carnwath, 28, 306, 313. earl of, 313. Carrick, the captain of, 220. Carrickfergus, 190, 198,401,402,484. Carrlesyd, 8. Carron. See Grant, John. Carson, Robert, Dalkeith, 107. Carstoun. See Ogilvy, Walter. Caskeberrie. See Schoneir, James. Casse or Carsse, Alexander, m. c, 3, 24, 27, 39, 40, 301, 306, 11. 582. Cassillis (Casles), John, earl of, m.c, 4, 66, 302, 350, 359, 361, 393 n., 415. Sederunts : 14, 15, 31, 34, 39, 66, 77, 104, 113, 133, 207, 313, 329, 348, 349, 363, 371, 372, 389, 416. Castillaw, William, 436. Catechisms, 79, 80, 86, 99, 187 and n., 230, 257, 273, 274, 306 and n., 311, 326, 341 and n. Cesnock. See Campbell, sir Hugh. Chalmer, Patrick, 136. William, m.c, 302. Chalmers, George, minister at Reyn, 246. John, 258. Chanonry, 256?/., 262, 267, 268, 281, 345. Charles I., xxvi n., xxix, xxxix, 356, 363, 465, 469, 587. Charteris, sir John, of Amisfield, 107, 108, ill, 193. John, minister at Currie, 141. Cheislie, John, 333, 341 and »., 343, 574, 579- Cheyn, John, minister at Kintore, 43, 245, 246, 255. Chirnside, 24, 142, 213, 238, 239, 307, 309 andw., 339, 347, 362, 365, 369, 532, 540, 544. Church government, 78, 80, 86, 87, 9i, 96, 99, 209, 223, 304 and it. ; form of, 332, etc. Clanronald, captain of, 68. Clapperton, John, 331. Clay pots. See Grahame, James. Clerk, Alexander, minister at Skiralvie (Alvie), 253. Donald, 268. Clerkinton. See Cockburn, Patrick. Clogie, William, 538. Closeburn, 360. Coalcoates. See Innes, George. Cochran, Walter, 136. Cochrane, sir William, of Cowden, 256. Cockburn (Cokburne), Henry, 279. Patrick, of Clerkinton, m.c., 4, 26-28, 30, 39, 40, 41, 345. William, 272. sir William, of Langton, m.c, 302. Cockburnspath (Colbrandspaith). Sec Nicholson, sir James. Colchester, xx 11. Colesse. See Collace. Colinton. See Foulis, sir James. Collace (Colesse), Andrew, 10, 12, 13, 14, 45- Francis, 47. College kirk, Edinburgh, 225, 387. Collison, James, 136. Colt, Oliver, m.c, 164, 301. Colvill, Dr. Alexander, m.c professor, St. Mary's college, St. Andrews, 3, 16, 21, 27, 34, 39, 40, 192, 226, 260, 302, 307, 363, 393, 4io, 440, 442, 447, 460. of Blair, m.c, 4. Patrick, m.c, 4, 35, 99, 103, 128. William, minister at Edinburgh, m.c, 3, 16, 21, 27, 29, 31, 34, 39- ■41, 46, 53, 66, 99, 113, 133, 134, 145, 147, 153, 157, 168, 173, 190, 192, 195, 206, 208, 279, 280, 283, 284, 285, 289, 297, 301, 309, 311, 319, 328, 338, 339, 343, 345, 35^ INDEX 595 353. 36o, 362, 401, 406, 410, 413. 414, 427, 437, 455, 458, 475, 5i4, 54°, 543-5- Cohvart, Harry % 33, 103, 145, 201. Comlich, lady, 8. Confession of Faith, 58, 78-82 and »., 86, 99, 104 and , 161 and 175, 181, 188, 189, 209, 230-232, 257, 274, 324 and 11. , 327 and , 332 and n. , 335, 418, 419, 468, 470, 497, 499, ;/. 584. Contin or Contoun, 265. Corforach, 248. Corsan, John, provost of Dumfries, 366. Cowan, John, vi.c. , 302. captive in Algiers, 575. Cowden. See Cochrane, sir William. Cowhill. See Maxwell, John. Cowper (Couper), James, lord, //i.e., 302, 401. William, schoolmaster at Chanrie, 262. Coxtoun. See Innes, Alexander. Craig. See Ogilvie, Gilbert. Craigengelt, John, 144, 173. Craighall. See Hope, sir John. Craigivar. See Forbes, sir William. Craigneis, captain of, 220. Crawford and Lindsay, John, earl of, 7/1. c, xxxv 7/. 4, 27, 39, 63, 284, 302, 392, 399, 400, 405, 413, 415, 424, 461, 559, 560. Crawfurd, John, 575. Creemont. See Crimond. Creich. See Beatoun, David. Crewkshank. See Cruikshank. Crimmond, 264. Crispe's book, 345. Cruikshank (Crewkshank), John, 114, 352. Robert, 136. Cullen, 19. Cumming, George, no. Cuningham, Robert, 771. c, 301. Cuninghame, sir David, requested to hinder the printing of Johnston's Historia, 391. John, 575. sir William, of Cuninghamhead, 7/1. c, 4, 61,63, 66 > I0 3, I26 > 141, 285. Cunningham, Scotch factor at Camp- vere, 208 n. Heugh, 513. W r illiam, 484. Cunnysone, John, 62. Cushine. See Leochel-Cushnie. Cupar (Couper), 35, 36, 57, 544. Currie, 141. Cuthbert, James, 575. Dachmaluak, 282. Dalgarnie kirk, 360 and n. Dalgety, house of, 318, 329, 361. Dalgleish, Robert, 177, 513. William, m.c, 3, 72, 100, 138, 164, 178, 211, 236, 263, 284, 285, 407, 408, 515. Dalhousie, earl of, 308. regiment, 177. Dalkeith, 107, 112, 164, 201, 208, 442, 534- Dalrate. See M'Kay, Hugh. Dairy, 366. Dalzell (Daliell), John, 7/1. c, 3, 21, 438. Danser, James, 575. Dares, James, minister at Erslton, 8. Darg, Walter, minister at Desfurd, 244. Darroch, Dougal, 53, 67, 156, 205. Davidson, Robert, m.c, 301. William, 258. Declaratio)i of the Commissioners con- cerning present dangers and duties relating to the Covenant and Religion, 289-294, 373 ; ordered to be printed, 385 and 71. ; answer of parliament, 387 ; commissioners' reply to parlia- ment, 388 ; ordered to be read in the churches, 390 ; report of Edin- burgh presbytery regarding the read- ing of the Declaration, 407 ; ordered to be read in the Mid Kirk, 413 ; inquiries to be made regarding any who have not read it, or who have preached against it, 429 ; report from Haddington and Dunbar, 438 ; Dal- keith, 442 ; Glasgow, 444; Lithgow, 473 ; Dumfries, 456, 474 ; Angus,. 482 ; Galloway, 515; Aberdeen, 517; Lanark, 518; Lothian, 526; Peebles, 546 ; Moray, 537 ; Forres, 539, n. 588. Declaration, etc., of the General Assembly to their brethren of Eng- land, 309 71. , 3II. Decla)-atio7i of parlia77ie7it conce7'ni77g~ . . . religio7i, king, a7id ki7igdoms, 463- Declaratio7i of the co//r/uissio7i . . . co7i- ccr7ii7ig the prese7it ptiblike proceed- ings towards a7i e7igage7uc7it in war7-e so far re as Religio7i is theri/i con- ccr7ied, 520 and . Deer presbytery, 214, 250, 264. Denham, Mr., 229. Deskfurd (Desfurd), 244. Desires of the Commissio7i presented to Pa7iia7ne7it, 403 ; answers to the Desires, 416 ; reply of the commis- 596 INDEX sion to the answers of parliament, 420 ; committee to be appointed by parliament to consider the matter ; reply to parliament, 425 ; answer to the Desires, 462. Desires for Religion, etc., 467 ; return to the answer of parliament, 475. Dick, sir William, 137. Dickson, Alexander, m.c, 3, 301. David, minister and professor in Glasgow, //i.e., 4, 16, 22, 24, 27, 28, 31, 34, 35, 4i, 46, 5°, 52, 53, 56, 61, 62, 65, 66, 70, 72, 99, 100, 102, 103, 108, 113, 125, 130, 133, 138, 140, 144, 146, 147, 153, 154, 156, 192, 278, 284, 285, 301, 304, 306, 307, 311, 318, 319, 320, 321, 349, 35o, 35i, 352, 357, 359, 360, 362, 370, 372, 383, 384, 385, 392, 393, 395, 400, 408, 420, 423, 445, 447, 45i, 455, 45 6 , 459, 472, 474, 475, 48i, 536, 544, 559- Patrick, 319, 360. Richard, m.c. t 3, 10, 63. Die, in Dauphine, 176. Dingwall, 165, 260, 265, 268. Directions . . . concerning secret and private worship, 319 and n. Directory for church government, etc. , 304, 335- Directory for ordination, etc., 230. Directory of worship, 58 and n. , 80, 86, 183, 209, 231 «.,332, 335, 337, 363, 418, 419, 443, 470, 496-497, 499- Dirleton, 160. Doach. See Gordon, John. Dobie, Patrick, 136. Dolar, John, 433. Donaldson, Thomas, m.c, 4, 23, 40, IQ 7- Douglas, marquis of, education of his children in France, 281. David, m.c, 302. James, 28, 102, n. 584. captain Robert, 8. sir Robert of Tulliquhillie, cited to appear before the Commission, 157, 226, 302. Robert, minister of East or High Church, Edinburgh, m.c, 3, 5 , 8, 22, 47, 50, 53, 56, 61, 65, 66, 69, 70, 77, 99, 102, 103, 125, 126, 130-132, 141, 144, 145, 146, 147, 153, 154, 156, 165, 168, 169, 173, 177, 178, 180, 186, 193, 199, 201, 206, 218, 219, 232, 241, 262, 268, 273, 276, 283, 301, 303;/., 304, 306, 318, 320, 321, 328, 331, 337, 338, 339, 342, 343, 347, 35°, 35 1 , 352, 353, 357, 359, 360, 370, 372, 384, 385, 386, 387, 392, 394, 395, 400, 408, 428, 432, 442, 445, 447, 451, 456, 472, 474, 475, 481, 489, 513, 514, 519, 544. Samuel, m.c, 301, 306, 532. William, m.c, 4, no, 255, 260, 264, 302. Dowgall, James, 575. Dowhill, an elder, 103. Drowne, George, 575. Drum. See Irvine, sir Alexander. Drumgrie, Alexander, 488. Drummond, captain, 577, 579. David, m.c, 3, 112, 114, 160, 201. George, 157. — —James, minister at Kinloch, 216. Drysdale, John, 213. (Drysdaill) William, 575. Duddingston (Dudiston). See Dundas, George. Duels, xxxv n., 391, 392, 393 and n, 394, 400, 406-408, 411, 560. Duff, Adam, 261. Alexander, 249. James, 261. Duffus, lord, 168, 253. Dumbarton, 4, 434, 541, 542. Dumbennan, 244 n. Dumfries, 107, in, 115, 193, 238,273, 307, 320, 322, 327, 366, 369, 456. 459, 474, 488, 522, 544-545- earl of, 7, 211. Dun, Patrick, 77, 136. Dunavertie, xx n. Dunbar, 208, 438. Alexander, 255. (Dumbar), Patrick, 16. Dunblane, 109, 129, 145, 556, 584. Duncan, John, m.c, 3, 21, 57, 73, 186, 262, 284, 302, 440, 445, 455, 475- Dundas, George, of Duddingston, m.c, 4, 113, 126, 133, 141, 147, 168, r 73, J 78, 190, 195, 200, 206, 208, 225, 260, 277, 280, 284. sir James, of Arniston, m.c, 4, 16, 27, 37. Walter, of Dundas, 302, 311, 318, 321, 328, 349, 350, 351, 352, 353, 357, 360, 361, 384, 388, 393, 395, 396, 397, 400, 406, 407, 408, 420, 423, 428, 429, 433, 436, 445, 447, 45 6 ,..472, 475, 559, 561, 562. Dundee, xviii and n., 13, 36, 73, 106, 108, 115, 242, 584, 589. Dunfermline, 21, 57. Charles, earl of, m.c , 4, 586. Dunkeld, Meikle and Little, 114, 129, 143, 145, 179, 199, 202, 211, 216. INDEX 597 Dunlop, Alexander, 103, 207, 272. Dunoon, 156, 207, 220, 434. Dunscore kirk, 124, 195. Dunse, 24, 142, 226. Dunstaffnage, the captain of, 220. Duntroon. See Campbell, Neil. Durane, Mr., 229. Durham, Patrick, minister at Ardersier, 267, 268, 271. Durie. See Gibson, sir Alexander. Margaret, servant of ladyEdnam, 8. Duthill, 171, 252 n. Earlston (Ersltoun), 8, 9, 40, 142, 164, 33i, 532, 533- Eccles. See Home, John. Hew, 273. Eddertoun, 267. Edgar (Edger), John, of Wedderlie, m.c, 4, 23, 40. Edinburgh, 13, 16, 21, 24, 28, 42, 47, 55, 60, 74, 100, 106, 109, 116, 129, 148, 168, 191 and n., 202, 208, 281, 320, 534 ; East Kirk, 139, 166 ; Mid Kirk and West Kirk, 279 ; New Kirk at the Tron, 348 ; Tol- booth, 61, 535, 557; university, 176 n. Edmonston (Edmestoun), James, 144. Ednam, lady, 8. laird of, 26. Eglinton, Alexander, earl of, m.c, 26, 302, 393 n. Eglishame, 26. Elgin presbytery, no, 172, 246, 250, 254, 278. Eliot, Andrew, m.c, 4, 130. Robert, m.c, 3, 107. Ellem, 8. Ellon, 263, 270, 331, 434. Elphingston, David, 103. laird of, 28. Enyie, 250. Erling. See Evelyn. Errybell. See Monro, Hector. Erskine, Arthur, of Scotiscraig, m.c, 302, 337, 339, 349, 35°, 351, 386, 437. Charles, 575. Ersltoun. See Earlston. Evelyn, sir John, 92 n. Excommunicated persons, receiving of, 46 ; list of, 55 ; their arrogance, 120, 123 ; treatment of, 197 ; ex- communicated ministers, 230 ; no action taken against, 354. Eyemouth, 213, 238, 239, 362. Fairburne, 256. Fairfax, sir Thomas, 233 and 465, 468, 564, 577. Fairfoull, Andrew, m.c, 154, 201, 225, 301, 318, 319, 328, 351, 361, 363, 365, 368, 407, 445, 534, 56o. Fairlie, James, bishop of Argyll before 1638, minister of Lasswade from 1644, //i.e., 301. Falconer, William, 245, 259, 262, 263, 539. Falkirk, IOO. Fareis, H., 458, 474. Farquhar (Farquhaird), Robert, pro- vost of Aberdeen, 36, 76, 136, 201, 204, 211. Farquharson, Robert, of Innercall, 261, 263. Fasts, 48, 55, 99, 147, 216, 268, 274, 285, 286, 357, 358, 386, 485, 488, 559, 566, 567, 569. Fechill. See Gordon, John. Fenzies, laird of, 370. Ferguson, Allan, //i.e., 4, 39-41, 130, 3d, 543- Fergusson, James, 103. Ferquhar. See Farquhar. Fettercairn, 42. Fetteresso, 42. Fiennes (Fynes), Nathaniel, M.P., 92. Fife, 62, 279, 440, 522. Findlater, James, earl of, m.c, 302. Findowrie. See Arbuthnot, Robert. Fingask. See Wemyss, David. Fleck. See Affleck. Jean, daughter of lady Comlich, 8. Fleming (Flemyng), Archibald, 103, 106, 107, in. James, m.c, 3, 15, 21, 37, 72, 145, H7, 164, 273, 276, 301, 330, 363, 425, 566. Patrick, m.c, 3, 205, 280, 546. of Barochane, 532. Fletcher, David, minister at Selkirk, m.c, 164, 301, 351, 366, 482. Robert, 575. Flint, John, 437, 439. Floors, 242, 265. Forbes, lord, 223 and of Scalletor, 261. Agnes, 262. Alexander, 136. tutor of Pitsligo, m.c, 4, 206. Arthur, 269. Elspeth, 262. George, 249. (Forbesse), Henry, 279. Issobell, 262. 598 INDEX Forbes, John, m.c, 42, 302, 518. of Aslowan, 264. Patrick, 566. — — Thomas, of Watertoun, 264. William, yr. of Lesly, m.c, 258, 302. minister at Mortlach, 242, 243. 2 45- sir William, of Craigievar, 46, 201. Fordell. See Henderson, John. Fordyce, 246 248-250, 285, 329. Forfar, 242, 282. Forg (Forge, Forgue), 130, 254. Fornauchtie, 248. Fornicators and adulterers in Dal- housie's regiment, 177. Forres, no, 172, 192, 539. Forret, David, St. Andrews presbytery, 57, 73- Forsyth, Gavin, 212, 239. Fortingal (Forthirgill), 114, 202 Foulden. See Wilkie, John. 313,544. Foulis, sir James, of Colinton, 396. Foveran, 215. Fraser, Alexander, of Phillorth, m.c, 302, 365, 368. minister at Botriphnie, 247. minister at Pettie, 171, 172, 269 and 11. Andrew, minister at Abertarf and Boleskin, murdered by the Irish ; his children commended to the Commission, 171, and to the charit- able supply of Moray, Ross, etc., 172. Donald, 172, 267. sir James, 168. William, minister at Killerne, 267, 268. Freebairn (Freebarn), John, m.c, 4, 114, 160, 301. Freeland. See Ruthven, sir Thomas. Frendraught, lady, 130, 254. Fullarton, William, no, 544. Futhie, Harry, Dundee presbytery, 36. Fynes. See Fiennes. Gairdin. See Garden. Gairdner, James, 205, 272. Galloway, 515, 522. Galloshiels. See Scott, James. Garden (Gairdin), Alexander, 143, 144, 165. George, m.c, 4, 142, 370. Garioch, 261, 264. Alex., m.c , 4, 264, 269. Garlies, lord, 366. Garioch, Ross-shire, 282. Garthland. See M'Dougal, James. Gartly (Gatly), 249. Garven, Thomas, 201. Gellie, John, minister at Monymusk, 225, 245. Gibb, Marion, 575. Gibson, Alexander, minister at Leith, 142, 235. sir Alex., of Durie, 198, 387, 413, 420, 425, 444, 463, 471. John, 575. Gight, the laird of, 258, 361. Gilbert, Eleazar, 7. Gillespie, George, minister at Edin- burgh, m.c, 3, 5 «., 11, 12, 59, 79, 99, 105, 162, 182, 187, 188, 189, 200, 210, 223, 224, 228, 233, 257, 274, 275, 301, 303 «., 306, 307, 319, 320, 328, 33i, 337, 338, 339, 340, 34i, 347, 35o, 35i, 353, 360, 367, 370, 372, 384, 385, 393, 395, 400, 408, 425, 429, 442, 443, 456, 472, 484, 514, 519, 536, 543, 557, 558, 559, 57i. Patrick, minister at Kirkcaldy, then at Glasgow, and principal of college, m.c, 3, 27, 46, 61, 102, 141, 146, 156, 157, 164, 193, 204, 205, 237, 238, 272, 302, 305, 307, 308, 351, 363, 394, 401, 407, 416, 433, 443, 45°, 459, 460, 474, 547- Gipsies, 123. Givan. See Govan. Gladstanes, George, minister at Urr, m.c, 301, 321, 415, 432. Glamis, 73. Glanderstone. See Moore, William. Glasgow, 4, 13, 26, 46, 52, 60, 63, 65, 101-103, 105, 106, 108, in, 112, 125 and n., 129, 135, 141, 145, 174, 186, 212, 227, 233-235, 307, 308, 444, 472, 522, 534, 537. Glassary (Glastrie), 408. Glasse, 247. Patrick, minister to the garrison in Strathbogie, 245. Glenbucket. See Gordon, Patrick. Glencairn, William, earl of, m.c. , 4, 302, 393 n. Glencorse, 168. Glendinning, William, m.c, and pro vost of Kirkcudbright, 302, 366. Glenluce, 180 and 11. Glenmasson. See Campbell, Donald. Glenurquhy, laird of. See Campbell, sir Robert. Goodale, Alexander, 575. Gordon of Ardlogie, 361. , Invermarkie, 330 Alexander, 249, 260. INDEX 599 Gordon, Alexander, of Arrandoull, ex- communicated, 269. of Mimark, 248. of Oxhill, 248. Welheads, 249. George. See Huntly, marquis of. of Killythie, 249. of Lechistoun, 248. Gilbert, 556, 557; author of a panegyric upon Montrose, 305 ; ex- communicated, 558. James. See Aboyn, lord. minister at Rothiemay, his plans and maps of Edinburgh, 191 and 256. Corforach, 248. minister at Kinnor, 243, 244 and n. called Treeleg, acknow- ledges being a rebel, 250, 585. John, of Ardlogie, 261. of Avachie, 249. Banff, 249. of Doach, 249. of Fechill, excommunicated, 269. of Littlemiln, rebel officer, 251, 261. of Mortlach, 260. in Overhall, 261. of Stranraer, 272. captive in Algiers, 575. sir Ludovick, m.c, 302, 318. Ludovick, son of sir Robert Gordon, repents signing Seaforth's Remonstrance, 36, 76. or Lues, son of the marquis of Huntly, 243, 269, 278, 305 and »., n. 585, 587. ■ Margreat, 575. Patrick, 249. called Steillhand, excom- municated, 269, n. 585. of Glenbucket, acknowledges being a rebel, 254. Robert, 260. bailie of Enyie, 250. of Straloch, 269. of Mayn, bailie to the mar- quis of Huntly, 246. sir Robert, 36, 76. Thomas, in Brakelesse, 261. of Pettindreich, 26. William, advocate, 136. of Arradoull, 136. in Drumquhat, 260. son of Carnfeild, 248. younger of Newton, excom- municated, 269 ; to be conferred with, 328 ; his execution, 330 and n. Gordon castle, 259. kirk, 7, 23-25, 31, 34, 39-41, 44, 72, 73, 103, 142, 298. Gorthie. See Grahame, David. Gortinbeg. See Grant, Swyne. Gouge, Dr., prolocutor of first presby- terian synod of London, 257. Govan (Givan), 102. Grahame of Little Cairnie, 157. David, of Gorthie, an excom- municated rebel, 20, 55; his petition for relaxation, 146 ; to be conferred with, 160 ; to draw up a confession, 203 ; his paper unsatisfactory, 206 ; his petition rejected, 216; committee to confer with him, 352 and n., 358 ; his declaration unsatisfactory, 514; to make public confession, 540. James. See Montrose, marquis of. of Clay pots, 242, 281. Patrick, son of Inchbraikie, ex- communicated rebel, 20, 55, 391, 395» 435- of Phones, 361. Robert, 514. of Cairnie, to be conferred with, and any signs of repentance reported, 358. of Littlecairnie, 157, 280, 282. Thomas, 283. Grange, 242, 262. Grant, the laird of, 258. John, of Carron, 258. Patrick, of Phanesse, married by a priest, 354. of Tolochgoram, 249. Swyne, of Gortinbeg, 249. Gray, lord, 7, 143. Thomas, 136. Greenhead. See Ker, sir Andrew. Greg, Walter, m.c, 3, 57, 156. Greige, Adam, 575. Magnus, alias Grahame, 575. Greenock, an elder, 103. Greene, Mr., 575. Gribton. See Maxwell, John. Guelders, duke of, 223. Gustavus Adolphus, 265 n. Guthrie, Henry, minister at Stirling, m.c, 301. (Gutterie), James, minister at Lauder, and then at Stirling, m.c, 4, 10, 15, 16, 23, 35, 40-42, 46, 50, 52, 63, 65, 66, 102, 103, in, 125, 126, 133, 137, 138, 141, 146, 153, I5 6 , 163, 175, 190, 193, 195, 204-206, 208, 225, 226, 228, 237, 238, 240, 241, 260, 262, 272, 280, 283-285, 289, 301, 311, 320, 328, 331, 350, 600 INDEX 35 1 * 35 8 , 363, 366, 370, 372, 392, 400, 406, 407, 410, 416, 423, 429, 432, 436, 440, 443, 447, 451, 456, 459, 460, 472, 474, 489, 513, 534, 536, 544, 545, 557, 559. Hackerton. See Halkerton. Hackets (Halkheads), Euphemia, 211. Issobell, 211. John, minister of Old Cumnock, 211. Haddington, 28, 29, 36, 107, 164, 201, 208, 438, 560. earl of, 28. Haliburton. See Home, Alexander. George, 108, 566. lady, 8. Halkerton (Hackerton), lord, 349 and Halkett, sir James, xx xxi ;/. Halkheads. See Hackets. Hall, Gilbert, 101, 201. Thomas, 575. Hallhill. See Melville, sir James. Hamilton, 103, 108, 203, 207, 272, 278, 534- duke of, xvi and xx xxix, xwi, xxxiii xxxvi, xxxix, xl, xli, 207 ; explanation as to his delay in signing the covenant, 23 ; his de- claration accepted, 24. lady marquise of, 207. Alex., general of artillery, 200. George, m.c, 302, 390, 393, 452, 472, 481, 543. Hew, of Borland, 251. Isobel, 163. James, minister at Edinburgh, m.c, 26, 301, 328, 330, 338, 349, 35i, 353, 358, 363, 365, 384, 386, 388, 390, 393, 413, 415, 416, 432, 440, 448, 452, 45 6 , 459, 460, 472, 489, 513, 514, 5*5, 536, 559, 5 6l » 566, 589. minister at Dumfries, 366. a malignant, 143. John, m.c, 4, 21, 24, 99, 103, 156, 301, 437, 438, 447, 541. Patrick, minister at Cambuslang, 103, 203. William, 103. Hampton Court, the king forced to flee from, 465. Hannay, George, 203 and;/., 253, 254, 347- Harden. See Scott, sir William. Hardie, Gilbert, 436. Harper, John, Corforach, 248. Hart, Robert, 575. Hartfell, earl of, to be spoken to, 338 ; acknowledges joining the rebels, his case remitted to Loch- maben presbyter)', 105. Harthill or Hearthill, Patrick Leith, younger, 246, 269 ; execution of, 330 n. Harvie, James, minister at New Machar, 43. John, 442. Hay, colonel, 7, 107, 143. Francis, of Balhousie, m.c ,4, 16. John, m.c, 3, 154, 201, 301, 450. advocate, 437. bailie in Aberdeen, 136. Sophia, married by a priest to Patrick Grant of Phanesse, 354. William, 250, 262, 264. captive in Algiers, 575. Hayne, Elisabeth, 575. Hearthill. See Harthill. Henderson, Alexander, minister of Edinburgh, m.c, 3, 5 8, 27, 39, 228, ;/. 583. Hew, 145, 364, 366, 369, 545. John, of Fordell, m.c, 302. "Lawrence, m.c, 4, 27, 28, 225, 302, 35°, 403. 443, 452, 472, 475, 489, 534, 566. Thomas, advocate, 437. Hepburn, sir Patrick, of Wauchtone, m.c, 4. Herle, Mr., of Winwick, 359 and 588. Charles, 584. Herries, John, lord, to be conferred with, 237 ; cannot be relaxed from excommunication, 238 ; his petition for relaxation unsatisfactory, 225 ; to be conferred with, 226 ; his petition continued until he make confession of his offences, 307 ; his case remitted to Dumfries presbyter)-, 327, 328 ; report of his confession, 474. (Herres), John, of Mabie, 107, 193- History of these times, committee appointed to consider the manner and means of making history of the times, 319, 338. Hog, John, 163. Holburne, general-major, 205, 225, 227-229. j Holland, earl of, xxvi n. Holies, Mr., 576. Holmby or Holdenby, 222 465, 469, 586. Home, lieut.-col., of Plendergast, 8. major, 8. INDEX 601 Home, sir Alexander, of Haliburton, 7- 9, 16, 23, 25-27, 29, 30, 34, 39-42, 107, 137, 138, 142, 198, 226, 237, 239, 240. sir David, of Wedderburn, //i.e., 4- Elspeth, 34, 40. 5i8. James, earl of, m.c, 72, 73, 302. James, 306. John, 24, 107. m.c, 3. of Eellita, 42. ofBlackader, //i.e., 4, 8,306. ■ of Eccles, 306. of Nynholls, 306. Patrick, minister at Ellem, 8. Robert, of Carrlesyd, 8. Thomas, 28, 313. William, //i.e. , 4, 31, 46, 239. of Lenthill, //i.e., 4, 24. 213, 239. Hope, sir John, of Craighall, m.c., 4, 26, 27, 30, 61, 65, 102, 108, 113, 125, 133, MO, 146, 147, 153, 168, I 73> 178, 180, 190, 206, 208, 225, 302, 384, 392-395, 400, 408, 420, 423, 429, 559. Sederunts ; 6, 14, 22- 24, 28-31, 34, 39-41, 43, 45, 61, 63, 65, 66, 70, 72-74, 77, 103, 104, 107, 108, 113, 125, 126, 134, 137, 140-147, 152, 156, 157, 159, 160, 163, 166, 173, 177, 178, 181, 186, 192-194, 200, 204, 206, 207, 219, 226, 230, 355, 383-386, 388-390, 392-396, 398, 400-403, 405, 407, 410, 411, 413, 415, 416, 420, 424, 425, 427, 428, 431-433, 53i, 543, 545, 547, 557, 559-561. Houston, an elder, 103. Hudde, Elisabeth, 575. James, 575. Hultfreder, Michael, 575. Humbie, lord, 338-339, 424, 442, 444, 461. Hume. See Home. Huntly, marquis of, 7, 38, 243-246, 253, 255, 258, 260, 269, 330 11., 331 341, 11. 585. Hutcheson, George, m.c, 33, 145, 301, 351, 363, 388, 416, 543. Hutton, Dumfriess-shire, 383. Idolatrous Monuments in Bog of GlGHT, 259 and n. Illangreig. See Campbell, Duncan. Incest, frequency of, 123. Inch, 264. Inchbrakie. See Grahame, Patrick. Innercale. See P'arquharson, Robert. Innerleith. See Towers, sir Alexander. Innes, major, xxxv 11. , 392, 394, 400. Alexander, 159, 269. of Coxtoun, 243, 246 and n. George, of Coalcoates, a rebel, 250. John, a rebel, 249. Robert, 128. of Rosken, 256. sir Robert, of Innes, //i.e., 4, 27, 388, 389. Walter, of Pethnik, 242. William, of Bogie, 242, 308. of Rosken, 256 and 11. Inverary, xviii, 156, 220. Inverkeithny, 258 n. Inverlochy, xviii. Inverness (Innerness), 16, 28, 144, 171, 172, 269, 271. Inwar. See Robertson, John. Ireland, 33, 38, 49, 1*, 79, 87, 104, 121, I45, 152, 183, 197, 201, 203, 323, 402, 513, 577. Alexander, //i.e., 301. Irvine, 534. sir Alexander, of Drum, 136 and n., 245, 259. (Irwine), Robert, minister at In- verkeithny, 258. married by a priest, 354. Irving, Ja., 517. James, //i.e., 4. Islay (Ha), 68. Isle of Wight, 465, 491, 587. Jack, William, 437. Jackson, John, 575. Jacobson, Irving, 575. Jaffray, Alexander, 136. Grissell, n. 589. John, //i.e., 302. dean of guild in Aberdeen, 136, 264. William, m.c., 4. Jamieson (Jameson), Robert, minister at Botarie in Strathbogie, 246, 261 and 11. William, m.c., 4, 8, 25, 60, 61, 63, 72, 103, 277. Jedburgh, 36, 471. Jedburgh, 36, 57, 144. Jesuits, examination of Casse's book on their practices, 27. Johnston, sir Archibald, of Wariston, //i.e., 4, 5 n., 11, 12, 59, 77, 78, 82, 86, 92, 100, 109, 153, 178, 179, 181, 201, 204, 214, 237, 251, 279, 302, 303 fi., 338, 360, 361. Gilbert, 28. John, //i.e., 4. provost of Dumfries, 366. 602 INDEX Johnston, Robert, the printing of his book containing speeches against the reformation, to be hindered, 343 and n. ; letter to Petrie and Spang con- cerning his History, 344 ; sir David Cuninghame requested to hinder the printing of the Historia, 391, n. 589- Jowssie, John, 225. Joyce, colonel, 586. Justice, William, m.c, 301. KAMBS. See Bannatyne, Hector. Karnwath. See Carnwath. Keith, 46, 201. Robert, 261, 264. Kelso, 36, 40, 57, 72, 142, 144, 164. Kendmoir (Kenmore), 180. Kenmure, lord, 393 Kennedy, Alexander, 575. Hugh, 205, 211, 367, 575, 580, 581. (Kennadie), John, provost of Ayr, vi. c. , 4, 302. ■ of Carmucks, m.c, 302. captive in Algiers, 575. Ker, sir Andrew, of Greenheid, m.c, 298, 302, 318, 349, 351, 547 570, 589- Hew, 36. James, Jedburgh, 57. Robert," //i.e., 3, 16, 22, 24, 28-9, 39-41, 100, 102, 106, 157, 164, 200, 201, 283, 301, 306, 346, 349, 351, 360, 363, 365, 366, 395, 401, 403, 410, 413, 425, 438, 519, 544, 561. William, of Newton, m.c, 302. 3$l- Kilcowy. See M'Kenzie, Alex. Kildonan, 260 Killie or Killin, 180, 199. Killileach, Ireland, 144, 145. Killythie. See Gordon, George. Kilmany, Fife, 176. Kilmood, Ireland, 199. Kilmore, 220. Kilmuir, Easter, 256 11. Kilpatrick, 20G. Kilsyth. See Livingstone, sir James. battle of, 586. Kilterne, 165. Kinbethok. See Redford. Kincardine O'Neil, 42;/., 54 163, 260, 261. Kincraig, 282. King, general, petitions to be ad- mitted to the covenant, 159 ; to be received on his confession of mis- carriage, 180; concerning his sub- scribing the covenant, 190 ; to be received to the covenant, 194 ; ad- mitted to the covenant, 201, n. 584. Kingaith, 207. Kinghorn, 270, 441 n. Kingussie, 253, 433. Kinlochj 216 ?:. Kinnairny (Kinarne), 263. Kinnalloch. See Kinloch. Kinnear, Alex., m.c, 4, 16. Andrew, 8. Kinninmont, Alexander, Forfar, 35, 36. William, 206. Kinnor, 243, 244 and 245. Kintore, 255. Kintyre, 67, 70, 156. Kirk, James, 106, 109, 11. 584. Kirkcaldy, 21 305-307, 370. Thomas, m.c, 302, 306, 312, 313, 566. Kirkcudbright, 366. Kirkmichael, 265. Kirknewton, 141. Kirkpatrick, Roger, baillie in Dum- fries, 366. Knapdale, 220. Knox, John, minister at Dalkeith, m.c Sederunts : 6, 19, 31, 77, 101, 133, 186, 203, 213, 226, 280. minister at Selkirk, m.c Sederunts: 6, 19, 31, 77, 101, 133, 186, 200, 219, 226, 280. m.c, 3, 4, 8, 186, 193, 472. Robert, minister at Kelso, m.c, 4, 193, 301, 349-352, 360, 361, 559- Laggen, 433. Laing (Lang), James, 43, 116, 137 141, 195, 202 and 11. Lambie, Silvester, minister at Glamis, m.c, 4, 73. Lamington. See Baillie. Lanark (Lanerick), 28, 102, 140, 281, 515, 534, 544. William, earl of, m.e., xxi n., xxiv, xxxv 4, 207, 214, 284, 302, 371, 372, 392, 394, 400, 405- Sede- runts : 77, IOI, 104, 1C8, 113, 156. 207, 278, 280, 366, 371, 372, 389. Lancaster, 60, 188, 581. : Lang. See Laing. Langton. See Cockburn, sir William. Lass wade, 168. Lauder, Andrew, m.c, 4, 301, 363, 402, 543- Robert, m.c , 301. William, Avoch, 267, 268. Lauderdale, John, earl of, m.c, xxiv, 4, 5 71., II, 12, 59, 79, 105, 162, 181, INDEX 603 182, 186, 188, 208, 229, 230, 234, 237, 257, 275, 302, 303 «., 310, 312, 326, 355, 360, 362, 371, 372, 466, 493, 559 ; not permitted to sit in commission, 560, 561, 575. Law, Mungo, minister at Edinburgh, >»•'"•> 4, 53, J 43, l6 4, 200, 201, 204, 205, 208, 226-228, 241, 280, 285, 297, 301, 318, 319, 321, 337, 345, 35i, 353, 367, 384, 388, 420, 428, 432, 433, 438, 442, 448, 459, 489, 559- Thomas, m.c , 4. Lawder. See Lauder. Lawrie, John, 338 and n. Robert, //i.e., 140, 163, 164, 168, 301. Lawson, William, 575. Learmonth (Leirmonth), Andrew, 10- 12, 14, 45- John, m.c, 4, hi. Lechistoun. See Gordon, George. Lee, lord, 461. Leggetsden, laird, 261. Leighton (Lightoun), Robert, minister at Newbattle, m.c, 3, 16, 163, 164, 442 and n. Sederunts : 9, 14-17, 23, 24, 27, 29, 30, 31, 34, 39, 43, 45, 56, 60, 66, 73, 74, 104, 108, 1 10, 143, 144, 147, 152, 160, 163, 213, 219, 226. Leirmonth. See Learmonth. Leitche. See Leith. Leith, 22, 100, 133, 142, 187, 213, 226, 235, 386. ■ David, 7, 263, 367, 434. ■ James, 255. Jane, 575. Patrick. See Harthill. William, 242. Lenthall, William, 576. Lenthill. See Home, William. Lentrathen, 281. Leochel-Cushnie, 269 Leslie, Alexander. See Leven, earl of. lieut. -general, David, xx n., xxiv, xxxiii 11. , xl, 21, 100, 146, 204, 206, 208, 225, 227, 230, 241, 288, 587. George, m.c, 163, 164, 178, 235, 301, 328, 351, 436, 440, 443, 458, 472, 489, 534, 544, 559. Ludovick, 205. Patrick, provost of Aberdeen, 136. younger, Aberdeen bailie, 136. Fetteresso, 42. Lesmoire. See Lismore. Lethendy, 216 Leven, earl of, xxvw., 154, 575, 577. Levingstoun. See Livingston. Ley, lord, 559, 561, 562. Liberton. See Winram, George. Lightoun. See Leighton. Lilly, Edward, 575. Lindsay, earl of, 461. David, m.c, 4, 35, 258, 262, 264. James, 575. John, m.c, 4, 173. (Lyndsay), Ludovick, 73, 74. Robert, 27, 49, 55, 355. Linlithgow, 66, 101, 112, 201, 208, 213, 472, 534- earl of, 66. Lismore (Lesmoire), 246. Lithgow. See Linlithgow. Little-Cairnie. See Grahame. Little Dunkeld, 1 14. Littlemiln. See Gordon, John. Livingston, lord, 144, 173. Alexander, m.c, 140, 145, 301, 387, 402,411, 432, 451. of Saltcoats, m.c, Harry, 144, 301, 448, 556. sir James, of Kilsyth, m.c, 302, 350-352, 360, 361. John, m.c, minister successively at Stranraer and Ancrum, 26, 33, 144, 145, 30i, 35°, 351, 3 6 0, 370, 372, 384, 386, 387, 402. William, m.c, 35, 36, 302, 351, 566. Lochaber, 252, n. 586. Loch Kenmore, 243, 244, n. 585. Lochmaben, 105, 107, 112, 365. Lochnell. See Campbell, John. Lockhart, Robert, 50, 51, 54. Logan, John, minister at Dalkeith, 164. Logie, John, minister at Raffo, 245 and 71. Kenneth, 45. Logirait, 1 14. London, 9-12, 21, 24, 45, 50, 52, 57, 66, 74, 77, 99, 108, 109, 161, 175, 186, 232 and 11., 257, 275. Longformacus, 8. Lorimer, William, 436. Lothe, Sutherland, 165. Lothian, 100, 101, 279, 324, 513, 515, 522, 526. William, earl of, m.c. , xxvi 11., 4, 79, 105, 144, 162, 274, 302, 360. Loudoun, John, earl of, lord chan- cellor, xl, 59, 181, 187, 355, 357, 362, 370-372, 455, 58o. Lough Oughter Castle, 401 n. {See Corrigenda, p. xliii. ) Lowry, Robert, 407. 604 INDEX Lyon, Frederick, of Brigtoun, m.c. t 302. Lumsden (Lummisden), Alexander, 136. Charles, 408. sir James, 36, 200. 440. Thomas, 136. Lunphannan, 258. Lyndsay. See Lindsay. Mabie. See Herries, John. M'Allam. See M'Callum. Maccaill, Matthew, 45. M'Call, Andrew, 268. M'Callum (M'Callome), Archibald, 156, 354, 408 and Donald, 205. M 'Caiman, Mr., 205. Nicoll, minister in Kilmore pres- bytery, 220. M 'Claud. ^M'Leod. M'Cleirie, Jean, 157. M'Clennan, Ferquhard, 268. M'Crae, Donald, 266, 268. Ferquhard, 268. John, 266, 268. M 'Donald, Allaster, a leader of Irish rebels, xv, excommunicated, 20 ; principal actor in the rebellion, 55 ; negociating with Antrim, 68 ; in command of rebels, 71, 585. the younger, xvii. sir James, 68. M'Dougal, James, of Garthland, m.c, 4, 27, 30, 47, 162, 302, 401, 408, 413- M'Ghie, Andrew, 201. John, 36, 159, 177. M'Gown, Alexander, Lochmaben, 107, 112, 458. M'Indar, William, 575. M'Intosh (M'Kintosh), William, im- prisons a minister, 251 and M'Jore. See Major. MacKaile (Mackell, Mackall), Hugh, minister at Edinburgh, m.c. , 301, 349, 35 1> 36i, 363, 385, 393, 406, 407, 455, 484. M'Kart, Oven, in command of a popish army in Ireland, 71. Mackbirnie, Thomas, baillie in Dum- fries, 366. M'Kay (M'Ky), Hugh, of Dalrate, 168. of Skoury, 168. William, of Boggesse, 168. M'Kenzie, Alexander, 283. of Suddie, 256 and 268. of Kilcowy, 256. M'Kenzie, Colin, minister at Contoun, deposed for compliance with the rebels, 265. of Kincraig, 282. of Tarvie, 282, 283. Hector, 283. James, 283. John, 284. of Ord, 283. minister at Tarbat, 266. of Tachcairne, 283. Kenneth, of Assint, 282. Garloch, 282. Murdoch, 68, 259, 260, 265 and 11. Rorie, 256, 282, 283. Simeon, brother of the earl of vSeaforth, 256. Thomas, 284. M'Laine. See M'Lean. M'Lauchlane, Colin, Dunoon, 220. John, Kilmore, 220. M'Lean, 68. M'Lellan, Jo., 517. M'Lennan, Ferquhard, 266. M'Leod (M 'Claud), Donald, of Assynt, 157. M'Loy, Donald, Dunoon, 156. M'Nachtan, laird of, 221. Macpherson (Mackferson), Donald, Caddell, 433. M 'Queen, Angus, of Torriburgh, 271, 283. Maitland, Richard, Marnock, 247, 258, 346. . William, excommunicated rebel, 269, 341. Major or M'Jore, William, m.c, 4, 106, no, 113, 114, 474. Makghie. See M'Ghie. Makgowne. See M'Gown. Malcolm, R., 483. Manchester, lord, 577. Manerhamilton, 163. Marischal, William, earl, 4, 42, 264. Sedemnts: 6, 14, 15, 22, 31, 34, 104, 133, 207, 256, 258, 260, 262, 264. Marjoribanks, 575. Andrew, 313. Marnoch, 247, 258. Marriages by priests, 171, 172, 354. Marshall, Dr. Stephen, minister of Westminster Assembly, 359 n., 588. Martin, James, m.c, 245, 250, 302. Mass in the French agent's house, 369 and 11., 458. Massie, Andrew, 144. Masson, sir William, M.P., 334 n. INDEX 605 Maxwell, Gabriel, 103, 108, 205, 226, 273- Jane, 575. John, of Cowhill, 107, 108, 115, I93> 273- of Gribtoun, 107, 108, 115, 193. 273- Margreat, 575. Robert, son of the earl of Niths- dale, 24, 26, 27, 29. Mayn. See Gordon, Robert. Mearns presbytery, 271, 347. Meigle (Meegill), 483. Meinyies. See Menzies. Meldrum, George, Glasse, 247. John, 22. Melville, Andrew, 344, 350 ?i. Ephraim, m.c, 164, 301, 330, 393, 410, 423, 426, 488. sir James, of Hallhill, 100, 142, 281, 370. Thomas, m.c., 21, 302. Menzies (Meinyies), Alexander, 136. sir Gilbert, of Pitfoddels, 253. Jean, married by a priest to Robert Irwine, 354. John, 26, 34. William, m.c, 179, 301, 450. Merse and Teviotdale synod, 103, 279, 471, 522. Middelburg, 343 //. Middleton (Midlton), general-major, 37, 108, 115, 196, 204, 206, 207, 217, 272, 321, 324, 329, 330, 583. John, 367. Midmar, 263 Militia, 10, 582. Mill, John, m.c, 302, 393, 410, 423, 436, 440, 447, 488. Miltoun, 249. Mimark. See Gordon, Alexander. Mitchell, John, 575. Thomas, 144, 168, 245, 282. Mitchelsone, William, 436. Moncreiff, Alexander, minister at Scoonie, m.c, 21, 302, 370 n., 434, 455- John, m.c, 3, 21, 31, 46, 61, 63, 77, 99, 102, 106, 113, 125, 126, 128, 133, 138, 141, 146, 225, 262, 270, 273, 276, 277, 280, 281, 440, 441 and n., 571 and n. sir John, of Moncrieff, 277, 280, 284-5.. major John, petition for payment of pension, 224. Monro of Obstoun, 168, 268. Alexander, 263. general-major, 198, 244. lieut.-col., 268. Monro, David, 268. George, 158, 267, 268. Hector, Eddertoun, 267. ofErryboll, 168. minister at Lothe, 165. John, 263. Robert, 266-268. Montgomery, Hugh, viscount of Airds, 7, 52, 157, 190, 191 and 402. Montreuil, M., French agent, xxvi n., xxxiii xxxiv n., xxxv ; concern- ing his saying mass, 369 and n., 458. Montrose, marquis of, xiii, xvii, xviii, xx n., xxi n., xxvi 11. , 31, 74, 141, 166, 202 71., 203 n., 255 and n., 265 //., 271 n., 283, 285, 305, 391 and 537 n., 557. Monuments (idolatrous) in the house of Bog of Gight, 259 and n. Monyvaird, 134. Monymusk, 225. Monzie, 145. Moore, William, Aberdeen, 136. of Glanderstone, m.c, 4, 35, 103, 113, 133. Moray, 35, 37, no, 171, 172, 246, 247, 252, 305, 433, 537, 585- Mordington, 309. lady, and her children to be re- claimed from popery, 369. lord, his daughter's marriage with lord Semple to be hindered because she is a papist, 347 ; reli- gious education of his daughters to be looked after, 353. Morison (Moreson), sir Alex., of Prestongrange, 28, 313. Morreis, Christian, 575. Mortlach in Strathbogie, 242-244. Mortimer, Thomas, Aberdeen bailie, 136. Mosstroopers, 124. Moulin or Mowling kirk, 114, 199. Mouswald, 365. Mowat, Thomas, 136. Muddrell, William, 575. Muncreiff. See Moncreiff. Munro. See Monro. Mure. See Moore. Murray, earl of, 461. Alexander, 541. George, m.c, 114, 160, 301, 351. 415. James, 35, 49, 56, 109, 129, 130, 226, 231 and 288, 319, 360, 416. Robert, m.c, 4, 21, 31, 35, 37, 46, 102, 106, 108, 113, 114, 125, 126, 133, 140, 141, 146, 147, 153, 157, 160, 195, 200, 206, 282, 301, 352. 606 INDEX Murray, Robert, of Buchantie, 114. sir Robert, 362. William, Auchniall, 249. Musselburgh, 393 n. Mustom bridge, 580. Muthil (Muthell), 34. Nairxe (Narne), Robert, yr. of Strathurd, m.c. s 302. Napier, lord, cited to appear before the commission, 157. Nasmith, James, minister of Hamilton, m.c. t 4, 25, 26, 103, 108, 113, 156, 178, 190, 195, 204, 207, 214, 272, 277, 278, 280, 301, 349, 358, 363, 383, 393, 394, 4", 415, 423, 425, 474, 480, 559, 560, 566. Natio7ial Covenant, 113, 248, 325. Nevay (Neve), John, minister at Lou- don, m.c, 4, 16, 35, 99, 102, 103, 113, 128, 133, 180, 190, 195, 205, 206, 272, 277, 278, 301, 386, 393, 406, 407, 410, 415, 423, 440, 451, t 456, 459, 460, 472, 482, 488. Newark, xxv and xxvi n., 580,581. Newbottle, 442 n. Newcastle, xxvii, xxix, xxxviii, 43, 47, 52, 53, 132, 146, 148, 154, 155, 162, 163, 169, 175, 189, 196, 202 229, 314, 465, 576. lord, 577. New Luce, 180 New Machar, 43. Newton, 144, 269, 402. See Ker, William. Archibald, 319, 349. upon Ouze, 279. Nicolson, sir James, of Colbrands- paith, m.c, 4, 302. Oseley, 575. Thomas, 136. Nisbet, Alexander, 103. Nithsdale, earl of, 24. Northumberland independents, 229. Novatians, 13. Nynholls. See Home, John. Obstoun. See Monro. Ochterarder. See Auchterarder. Ogilvie, David, 284. sir David, 284. Gilbert, of Craig, 281. James. See Airlie, earl of. John, 483. major John, of Badevie, 281 and n. Patrick, of Bridgend in Len- trathen, 281. Walter, of Carstoun, 248. Old Cumnock, 211. Old Deer, 264. Luce, 180 Monkland, 338 n. Oliphant, George, submits to censure for compliance with the rebels, 1 16. John, of Baccheltoun, 352. Omey, Frances, sentence of excom- munication against him suspended, Ordination of ministers, 58 and 11. Ordiquhill, 246 Orkney and Caithness provincial assembly, 213. Oswald, John, m.c., 3, 15, 21, 143, 168, 279, 280, 284, 297. Otter. See Campbell, Archibald. Oustene. See Austin. Oxhill. See Gordon, Alexander. Paisley (Pasley), 16, 66, 106, 201, 207, 233, 234, 282, 532, 540. lord, son of the earl of Aber- corn, 106, 234. Palmer, Herbert, 584. Pape, Charles, 268. Papists, marriages of, 38. Paraphrase of the Psalms, Rouse's, 209, 210, 222, 223, 237, 274, 282 and 335, 448, 460, 514. Paterson, David, 263. John, 204, 214, 215 and »., 264. Thomas, m.c, 4, 31, 46, 52. Patronage, king's, not to be prejudged, 39- Peblis, II., 533. Peebles, 36, 201, 208, 546. Peirson, Alex., 407, 408, 437, 439. — Thomas, m. c. , 302. Penman, Adam, m.c., 3, 201. William, m.c., 4, 7, 57, 144, 301. Penpont presbytery, 534. Perth, 4, 108, 114-116, 129, 145, 352, 358, 435, 448, 450, 513, 522, 541. Pethnik, 242. Petrie, Alex., minister of the Scots congregation at Rotterdam, 343 and n. ; thanked for his labours regarding Johnston's Historia, 391. Pettarie, in Strathbogie, 261 11. Pettie, 171, 269. Pettindreich. See Gordon, Thomas. Phanesse. See Grant, Patrick. Philiphaugh, xix n., xx n., xxi xx iv. Phillorth. See Fraser, Alex. Pitfoddels. See Menzies, Gilbert. Pitleliem, Clays, 575. Pitscottie, colonel, 205. Pitsligo, 214 n. INDEX 607 Pitsligo. See Forbes, Alexander. Pittilloc, George, m.c, 272, 302. Pittonfine, 269 and n. Plendergest, lady, 8. Pointz, colonell, 580. Popery in Kintyre and the Isles, 67, 70. Porterfield, George, provost of Glas- gow, m.c, 4, 24, 35, 62, 174, 284, 302, 308, 349, 350. Prelates, ordinance concerning prelates and their lands, 78. Presbyterian government, 9, 10, 12, 60 n., 325, 363, 377, 470. Preston, xl, 312, 313. laird of, 28. Prestongrange. See Morison, sir Alex. Priesthill. See Ross, Thomas. Primrose, sir Archibald, 368, 396. David, advocate, 437. Pringle (Pringill), Andrew, 144, 273. George, Buckholme, to be dealt with for joining the rebels, 108 ; confesses his offences, 194. James, of Buckholme, 194. of Torwoodlee, //i.e., 302. Robert, of Blindlie, remitted to the presbytery of Selkirk for com- pliance with the rebels, 104. of Stitchel, 23, 40, 107. Profanity, committee appointed for restraint of, 350, 351, 354. Propositions concerning Church Govern- /ne/it, etc., 304 and n. Protestants in France, 176 11. Purdie, P., 547. Raffo, 245 and //., 246. Ragatzie, prince of Transilvania, 7, n. 582. Rainis kirk, 329, 330. Ramsay's, regiment, 159. Alexander, 136. Andrew, minister at Edinburgh, m.c., 37, 45, 46, 50, 158, 301, 306, 307, 3*9, 343, 345, 349, 35°, 360, 368, 407, 410, 4" 5 4i3 5 4I5, 4i6, 423, 424, 426-429, 431, 433, 436, . 437, 439, 440, 447, 45°, 455, 45§- 460, 474, 481, 540, 556, 568, 11. 588. Gilbert, of Balmain, m.c., 302, 35o, 351, 36o. John, m.c, 302, 420, 436. Robert, minister at Glasgow, m.c, 4, 16, 24, 27, 29, 35, 41, 46, 50, 52, 102, 113, 125, 130, 278, 301, 306, 350, 351, 354, 360, 396, 397, 398, 399, 400, 401, 402, 403, 406, 407, 410, 415, 420, 426, 427, 429, 432, 437, 536, 541, 544, 559- Ramsay, Thomas, Foulden, 115, 306, 3i3, 339, 365, 47i, 540, 544, 557- younger, 308, 309. Rate, William, minister at Brechin, m.c, 4, 36, 73, 205, 272. Ravensteyn, the printer of Johnston's Historia, 343 n. Reay (Ray), lord, 19, 22, 168, 237, 263, 305, 341, 369, 532, 556. master of, 168. Rebels, articles of peace to be offered to rebels, 14, 15 ; rolls of prime actors in the rebellion to be ob- tained ; petition concerning offers to the rebels, 17 ; sentences of for- feiture, 19 ; rebels excommunicated — extract ordered of rebels, with their particular offences, 20 ; remon- strance to be drawn up regarding the offers to the rebels, 30; answer to these, 41 ; proceedings to be taken by the presbyteries against rebels, 55 ; letter as to cruelties and movements of Irish rebels in Argyll and Isles, 67-68 ; report by Robert Douglas concerning the peace with the rebels, 131 ; their confessions to be particular and in writing, 145 ; declaration of Robert Douglas and Robert Blair, 169; a form of con- fession drawn up, 248 ; those who still continue to glory in their iniquity to be looked after, 251 ; confessions to be in writing and recorded in the books of the presby- teries, 254. Redford (Reidfoord), John, minister at Kinbethok, 247, 258, 276, 332, 346. Reed, John, 575. Reformed churches, 79, 81, 82, 87, 184, 185. Reid, Alexander, Dunblane, 129, 11. 584. Gartly, 249 and James, 235. John, bailie of Irving, 219. Reidfoord. See Redford. Remonstrance presented to the Estates, 35, 3 I 4"3 ][ 8; answer to the remon- strance, 41 ; remonstrance of the commission to parliament, 104, 116 ; ordered to be printed with the answer of parliament, 195. Representation of the Commission . . . to the Estates of Parliament upon their Declaration, 489. Reston, 39. 60S INDEX Reyn, 246. Rhind (Rind), Andrew, 34, 45. Rhynd, Perthshire, 343 11. Richardson, Edward, 450. Richelieu, cardinal, 176 n.\ Riddell, sir Walter, 471. Riddoch, Alexander, Leith, 575 ; his account of Scots captives in Algiers, 187. James, 575. Ridfurd. See Redford. Rig, William, of Atherny, 370. Rind. See Rhind. Robertson, Daniell, 575. Donald, tutor of Strowan, ex- communicated rebel, 20, 55. (Robeson), James, 136, 164, 196. John, m.c, 4, 73, 115, 204, 225. of Inwar, 280. William, 245. Robeson. See Robertson. Robrough, Henry, 584. Rochhead. See Roughhead. Rollock, Alexander, m.c, 1 14, 282, 301, 351, 352, 358, 410, 415. 542. Rosemarkine, 158. Rosneth (Rosneath), 434, 435. Ross, 172, 268, 269, 272, 341, 345. Ross (Rosse), Alex., minister at Inch, 264. minister at Kinarne, 263 and n. David, 268. James, 202 and n. John, minister at Assynt, 192. minister at Birse, 163, 173, 177. minister at Lunphannan, to be examined for his compliance with the rebels, 258. Nicoll, 284. Thomas, 256, 268. William, 266. Rosskeen. See Innes, William.} Rothiemay, 256. Rothiemurcus, 251 Rotterdam, 343 11., 391. Roughhead (Rochhead, Rughead), James, m.c, 4, 28, 301. Rouse, Francis. See Paraphrase of the psalms. Row, James, 34, 1 14, 273. John, minister at Aberdeen, 245, 258, 260, 262, 264, 282 n., 518. Robert, 29, 164, 473. Samuel, 145, 432. William, minister at Ceres, 36, "4, 352. Rowallane, the younger, an elder, 103. Rudde, Mary, 575. Rughead. See Roughhead. Rutherfurd, George, m.c, 301, 431, 433- Samuel, minister at St. Andrews, principal and professor of divinity in St. Mary's college, m.c, 3, 5 n., 11, 12, 59, 79, 99, 105, 162, 182, 187, 188, 189, 200, 210, 223, 224, 233, 257, 274, 275, 302, 303 »., 306 and 310, 312, 326, 332, 340, 347, 348, 349, 35o, 35i» 359, 360, 361, 368, 37o, 372, 384, 395-398, 400, 410, 416, 423, 425, 426, 429, 475, 481, 484, 489, 513, 536, 544, 559. Rutherglen, 451, 460, 472. Ruthven (Rathven) garrison, 433. sir Thomas, of Freeland, m.c, 302, 352, 367. Ryland. See Stewart, Thomas. Rymour, Henry, 204. St. Andrews, 3, 18, 21, 26, 34-36, 57, 61, 100, 106, 123, 124, 135, 170, 176, 192, 196, 233, 234, 301, 345, 349- St. Cuthbert's (St. Gilberts), 386. .Saltcoats. See Livingston, Alex. Saltpreston, 28, 29. Sanderson, Bernard, tn.c, 301, 351. Sandilands, Andrew, 158. Scalletor. See Forbes. Scheill. See Shiell. Scheirglasse. See Stewart, John. Schethin. See Seaton, William. Schoneir, James, of Caskeberrie, m.c, 302, 321. Scoonie, 370. Scotscraig. See Erskine, Arthur. Scott, colonel, 205. James, of Galloshiels, 471. John, 57, 108, 136. William, 264. minister at Strauchan, 261. sir William, of Harden, m.c, 302. Scottish army in Ireland, 577, 588. Scougall, Patrick, St. Andrews presby- tery, 21, Scrogie, Alexander, 264. Scuny. See Scoonie. Seaforth (Seafort), earl of, 153; his petition for relaxation continued, 30; - his papers not satisfactory, 45 ; his excommunication to be intimated to the presbyteries, 47 ; conference re- commended for the removing the sentence, 50, 52 ; his excommunica- tion to be intimated by the presby- teries, 55 ; his case referred to the general assembly, 62 ; allowed to INDEX 609 attend the kirk, but not to join in | the services — to be conferred with, 65 ; said to be negotiating with Antrim, 68 ; denies this report, 72; the commission in answer to his petition adhere to their former judg- ment, 76 ; committee appointed for a conference, 156 ; to be conferred with touching the losses of ministers, etc., caused by him ; promises re- paration and urges his relaxation, 165 ; his petition for relaxation granted, 166 ; witnesses of his re- laxation, 168 ; committee appointed to reconcile Seaforth with gentlemen in the north, 173 ; to be spoken with in regard to the losses of John Rosse of Assynt, 192. Seaforth's Remonstrance, 36, 218, 256, 265-268, 270, 272, 283, 284, 11. 584. Seaton, Robert, 271. William, of Schethin, 331 and n. kirk, 365. Sectaries, 339, 348, 353, 382, 404. Selkirk, 104, 108, 164. Seminary priests in Kintyre, 67, 70. Semple, lord, his marriage with a papist to be hindered, 347, 369 ; his education, 354. Harry, 103, 145, 402. John, provostof Dumbarton, m.c, 4, 21, 153, 302, 410, 432, 433, 436, 440, 447, 484, 518. Sharp, George, m.c, 264, 302. James, minister at Leith, 142, 235- Dr. John, 165, 168, 176 and n., 187, 442, n. 585. Patrick, 103. Shiell (Scheill), Patrick, m.c, 164, 301. Shierglasse. See Stewart, John. Short, John, 401, 408. Short Information . . . concerning the Declaration of Parliament, 528. Sibbald, James, m.c, 3, 21, 301. Patrick, m.c. , 112, 146, 164, 30I. Sime, William, 306. Simmer (Sumer), Alex., m.c, 253, 302. Simpson (Sympsone), James, 23,- 24, 27, 34, 39-44, 72, 73, 128, 138, 1 4, 205, 240, 260, 262, 273, 345, 364. Sinclair, G., 442. John, 201, 213. Sion college, London, 10, 12, 342, 343. Skene (Skeen), John, 319. Skinner, Laurence, m.c, 4. Skiralvie. See Alvie. Skoury. See M'Kay, Hugh. Sleigh, John, m.c, 4. Smith (Smyth), Alexander, 488. John, minister first at Burntisland then at Edinburgh, m.c, 3, 8, 22, 45, 100, 133, 140, 142, 146, 153, 162, 165, 173, 193, 206, 208, 225, 241, 272, 281, 283, 338, 347, 35o, 35i, 239, 328, 240, 33i, 235, 302, 37o, 428, 429, 432 451, 452, 455 489 557 475, 544, 2 395, 399, 400, 413, 423, 426, 437, 443, 447, 44^, 456, 458, 460, 472, 513, 514, 519, 536, 537, 559- sir John, lord provost of Edin- burgh, 21 ; to answer to a charge of compliance with the rebels, 72 ; further information to be prepared, 73 ; sentenced to make public acknowledgment of his offences, 74, n. p. 582. Walter, 1 10. William, m.c. , 302. Smyth. See Smith. So/emne and seasonable warning, xxvii and n. 148 ; ordered to be printed, J 54- Solemn league and covenattt, xiii. 183, 222, 248, 291, 294, 418, 419, 453, 464, 465, 469, 471, 538. Somerville (Summervaill), Alexander, m.c, 3, 27, 29, 60, 63, 65, 301. John, 27, 107, 164, 471. Soure, Alex., 254. Spang, William, minister of the Scots congregation at Campvere, 343 and n. Spence, David, town-clerk of Ruther- glen, his conduct at the reading of the Declaration, 437, 461 ; petition to be sent to parliament for his censure, 439, 461 ; committee ap- pointed to present petition ; Glasgow presbytery recommended to proceed against him ecclesiastically, 472 ; parliament desired to consider the complaint, 519. Jerome, 261. Spittle, Alexander, m.c, 301, 541, 566. Spotswood, sir Robert, xxi. n, xxiv. Sprouston, 40, 44, 205, 345. Sprule, R. , 544. Steillhand. See Gordon, Patrick. Stevenson (Steanson), Andrew, m.c, 301, 351. Stevin, Alexander, merchant in Elgin, 250. Stewart or Stuart, Andrew, of Tan- nachie, 248. a 610 INDEX Stewart, captain James, 554. sir James, m.c, 4, 7, 174, 200, 302, 354, 384, 386, 395, 425, 443, 452, 472, 474, 489, 534, 544, 566. John, of Scheirglasse, excom- municated rebel, 20, 55, 128, 212. Robert, Fornauchtie, 248. Thomas, of Ryland, 248. Walter, m.c. , 4. son of Stuart of Ryland, 248. colonel William, excommuni- cated rebel, 20, 55. Stirling, 144, 522. T..43& Stitchel. See Piingle, Robert. Strachan (Strawchane), Andrew, 245, 258, 264, 269. David, m.c, 42, 302. James, 158, 271, 347. Robert, 279, 280, 284. Straiton, Margaret, 575. Straloch. Sec Gordon, Robert. Strang, Dr., principal of Glasgow college, 21, 34, 191 and //., 192, n. 583. Stranraer, 180, 272, 320, 322, 402. Strathbogie, 130, 172, 191, 242, 245, 247, 249, 261, 276, 277, 332, 346. Strathspey, 171, 172. Strathurd. See Nairne, Robert. Strauchan, 259, 261. Strowan, tutor of. See Robertson, Donald. Stuart. See Stewart. Suddie, 265. See M'Kenzie, Alexander. Suffolk, 209, 222. Sumer. See Simmer. Summervale. See Somerville. Sutherland, 19, 165, 172, 263, 305. earl of. 36, 165, 168. Swinton, lady, 8. younger, 8. sir John, of Swinton, 26, 27, 107, 306. Thomas, 306. Waller, m.c. , 4, 24, 306. Sydserf, Archibald, 201, 204, 399, 413, 424, 442, 444, 461, 559. Symmer. See Simmer. Symson. See Simpson. Tachcairne, 2S3. Tain, 266, 268, 269, 281. Tannachie. See Stewart, Andrew. Tarvi°, 282. Taylor (Tailyeour), James, 532. Teviotdale. See Merse. sheriff of, 49, 51, 54. Thirty-nine articles, 325 and //. Thomson, George, m.c, 3, 35, 156, 205. William, 36, 437, 439. Thunder, reparation for damages by, 106, n. 584, 589. Tibbermuir, xviii. Tilliquhillie. See Douglas, sir Robert. Tolbooth, the, 129, 139. Toleration, 305, n. 587. Toluai, John, 582. Torribourgh. See M 'Queen, Angus. Torwoodlee. See Pringle, James. Tours, major John, 259. Towers, sir Alexander, of Inverleith, 141. Tracquer. See Traquair. Traill, Robert, m.c, 3, 16, 22, 35, 100, 146, 155, 204, 289, n. 583. Tranent, 160, 177. Transylvania, 7. Traquair (Tracquer), John, earl of, 14, 582. Treeleg. See Gordon, James. Trotter, Alexander, 273. James, 436. Troup, James, 255, 268. Tuedmure kirk, 273. Tuedy. See Tweedie. Tullibardine, James, earl of, m.c, 4, 114,302. Sederunts : 31,34,77,101, 104, 278, 349, 352, 366, 371, 372. Tulloch, 256. Tullochgorum. See Grant, Patrick. Tullynessle, 269. Tunis, list of Scots captives in, 574. Turnbull, Alexander, m.c, 4. William, Kelso, 36, 72. Turner, major, 535, 537 and 540, 568. Turriff, 254, 258, 261. Tweddale, 522. Tweedie (Tuedy), William, 144. Twyne, Johne, printer of the Declara- tion, 589. Tyler, Evan, printer in Edinburgh, 148 256, 385 n. Tyrie, David, Alford, acknowledges being a rebel, 254. Uniformity, 3, 5 n., 9, 47, 50, 51, 57, 59, 75, 80, 84, 86, 109, 178, 181, 182, 291, 294, 297, 301, 303, 309, 315, etc. Urquhart, 268. James, 108, 137, 193, 194. Vassie, Thomas, m.c, 3, 164, 178, 301, 330. Veitch (Vetche), J., 533. INDEX 611 Vindication of the Commissioners . . . in ansxver to the letter of Parliament, \xxvii 547 and n. Wallace, Mary, 575. Ward, lohn, minister of Ipswich, 189, 211, n. 585. Wariston. See Johnston, sir Archi- bald. Watson, Andro, 575. Wauchtone. See Hepburn, sir Patrick. Watertoun. See Forbes, Thomas. Watson, John, minister at Ordiquhill, 246. Robert, 242, 246. William, 171, 172, 251, 252, 262. Watt, Adam, 177. Wedderburn. Sec Home, sir David. sir Alexander, 360, 388, 389, 461, 559. Wedderlie. See Edgar, John. Weenies. See Wemyss. Weir (Weer), James, 208 and n. John, m.c, 4, 103, 143, 213, 214, 226, 235, 407, 408. William, 145. WelheadSj 249. Wemyss (Weenies), David, m.c 9 4. of Fingask, m.c, 4, 31, 46, 50- White, Robert, 575. Whithorn, 402. Whitsome kirk, 308. Whyte, Thomas, m.c, 4. Wilkie, David, bailie in Leith, 235. John, of Foulden, 115, 313, 339, 365, 540, 544, 557. wrytier, 437. Thomas, m.c, 4, 193. William, 21, 102, n. 584. Williamson, Robert, 265. Wimam (Winrham), George, of Liber - ton, m.c. , 4, 16, 21, 26, 27, 31, 34, 35, 41, 46, 50, 52, 102, 108, in, 113, 125, 126, 133, 138, 140,141, 146, 147, 153, 154, 168, 173, 178, 179, 189, 210, 223, 224, 233, 236, 257, 275, 302, 318, 321, 328, 331, 337, 339, 35o, 35i, 352, 353, 357, 361, 366, 368, 3S4, 386, 388, 394, 395, 400, 408, 423, 429, 432, 443, 445, 45 1 , 456, 472, 474, 475, 4^9, 534, 559, 566, n. 585. James, 436. Wintoun, George, earl of, religious education of his daughters to be looked after, 353. Wishart, chaplain to the duke of Montrose, 391 n. George, 158. Witchcraft, 123. Woburn, 466, 493. Wood, James, 158. Thomas, 47. Worcester house, xxiv, 11, 12, 59, 79, 99, 162, 182, 187-189, 200, 210, 223, 224, 257, 274, 275, 310, 312, 326, 342, 580-581. Wright, Edward, minister at Glasgow, 26, 29, 34, 45, 100, n. 584. James, m.c, 3, 39-41. Robert, m.c, 4, 39-41, 47, 301. Yester, John, Master of, m.c, 37- 40, 107, 112, 302, 328, 350. Young, George, m.c, 4, 24, 35, 37, 46, 308. John, 264. Patrick, 28. — Robert, 352, 445, 448, 541. Zion College. See Sion. Printed by T. and A. Constahlk, Printers to Her Majesty, at the Edinburgh University Press. £>tottt£t) tytettjxv £>octetp THE EXECUTIVE. President. The Earl of Rosebery, LL.D. Chairman o f Council. David Masson, LL.D., Professor of English Literature, Edinburgh University. Council. J. R. Findlay, Esq. P. Hume Brown, M.A. G. Gregory Smith, M.A. J. Ferguson, Esq., Advocate. Right Rev. John Dowden, D.D., Bishop of Edinburgh. jEneas J. G. Mackay, LL.D., Sheriff of Fife. John Russell, Esq. Sir Arthur Mitchell, K.C.B., M.D., LL.D. Rev. Geo. W. Sprott, D.D. Rev. A. W. Cornelius Hallen. W. F. Skene, D.C.L., LL.D., Historiographer - Royal for Scotland. Colonel P. Dons. Corresponding Members of the Council. Osmund Airy, Esq., Birmingham ; Professor George Grub, LL.D., Aberdeen; Rev. W. D. Macray, Oxford; Professor A. F. Mitchell, D.D., St. Andrews ; Professor J. Veitch, LL.D., Glasgow ; A. H. Millar, Esq., Dundee. Hon. Treasurer. J. T. Clark, Keeper of the Advocates' Library. Hon. Secretary. T. G. Law, Librarian, Signet Library. RULES 1. The object of the Society is the discovery and printing, under selected editorship, of unpublished documents illustrative of the civil, religious, and social history of Scotland. The Society will also under- take, in exceptional cases, to issue translations of printed works of a similar nature, which have not hitherto been accessible in English. 2. The number of Members of the Society shall be limited to 400. 3. The affairs of the Society shall be managed by a Council, consisting of a Chairman, Treasurer, Secretary, and twelve elected Members, five to make a quorum. Three of the twelve elected Members shall retire annually by ballot, but they shall be eligible for re-election. 4. The Annual Subscription to the Society shall be One Guinea. The publications of the Society shall not be delivered to any Member whose Subscription is in arrear, and no Member shall be permitted to receive more than one copy of the Society's publications. 5. The Society will undertake the issue of its own publications, i.e. without the intervention of a publisher or any other paid agent. (>. The Society will issue yearly two octavo volumes of about 320 pages each. 7. An Annual General Meeting of the Society shall be held on the last Tuesday in October. 8. Two stated Meetings of the Council shall be held each year, one on the last Tuesday of May, the other on the Tuesday preceding the day upon which the Annual General Meeting shall be held. The Secretary, on the request of three Members of the Council, shall call a special meeting of the Council. 9. Editors shall receive 20 copies of each volume they edit for the Society. 10. The owners of Manuscripts published by the Society will also be presented with a certain number of copies. 11. The Annual Balance-Sheet, Rules, and List of Members shall be printed. 12. No alteration shall be made in these Rules except at a General Meeting of the Society. A fortnight's notice of any alteration to be proposed shall be given to the Members of the Council. PUBLICATIONS For the year 1887. 1. Bishop Pococke's Tours in Scotland, 174-7-1760. Edited by D. W. Kemp. (Oct. 1887.) 2. Diary of and General Expenditure Book of William Cunningham of Craigends, 1 673-1 680. Edited by the Rev. James Dodds, D.D. (Oct. 1887.) For the year 1888. 3. Panurgi Philo-caballi Scoti Grameidos libri sex. — The Grameid : an heroic poem descriptive of the Campaign of Viscount Dundee in 1689, by James Philip of Almerieclose. Translated and Edited by the Rev. A. D. Murdoch. (Oct. 1888.) 4. The Register of the Kirk-Session of St. Andrews. Part I. 1559-1582. Edited by D. Hay Fleming. (Feb. 1889.) For the year 1889. 5. Diary of the Rev. John Mill, Minister of Dunrossness, Sand- wick, and Cunningsburgh, in Shetland, 174-0-1803. Edited by Gilbert Goudie, F.S.A. Scot. (June 1889.) 6. Narrative of Mr. James Nimmo, a Covenanter, 1654-1709. Edited by W. G. Scott-Moncrieff, Advocate. (June 1889.) 7. The Register of the Kirk-Session of St. Andrews. Part n. 1583-1600. Edited by D. Hay Fleming. (Aug. 1890.) For the year 1890. 8. A List of Persons concerned in the Rebellion (1745). With a Preface by the Earl of Rosebery and Annotations by the Rev. Walter Macleod. (Sept. 1890.) Presented to the Society by the Earl of Rosebery. 9. Glamis Papers: The c Book of Record,' a Diary written by Patrick, first Earl of Strathmore, and other documents relating to Glamis Castle (1684-89). Edited by A. H. Millar, F.S.A. Scot. (Sept. 1890.) 10. John Major's History of Greater Britain (1521). Trans- lated and Edited by Archibald Constable, with a Life of the author by ^Eneas J. G. Mackay, Advocate. (Feb. 1892.) 4 PUBLICATIONS For the year 1891. 11. The Records of the Commissions of the General Assemblies, 1646-47. Edited by the Rev. Professor Mitchell, D.D., and the Rev. James Christie, D.D., with an Introduction by the former. (May 1892.) 12. Court-Book of the Barony of Urie, 1 604-1 747. Edited by the Rev. D. G. Barron, from a ms. in possession of Mr. R. Barclay of Dorking. {To be ready June 1892.) To be issued for 1892. The Jacobite Rising of 1719. Letter Book of James, Second Duke of Ormonde, Nov. 4, 1718— Sept. 27, 1719. Edited by John Russell. {In active progress.) ( The History of my Life, extracted from Journals I kept since I was twenty-six years of age, interspersed with short accounts of the most remarkable public affairs that happened in my time, especially such as I had some immediate concern in,' 1 702-1754. By Sir John Clerk of Penicuik, Baron of the Exchequer, Commissioner of the Union, etc. Edited from the original ms. in Penicuik House by J. M. Gray. {In active progress.) In preparation. The Diary of Andrew Hay of Stone, near Biggar, afterwards of Craignethan Castle, 1659-60. Edited by A. G. Reid, F.S.A. Scot., from a manuscript in his possession. Sir Thomas Craig's De Unione Regnorum Britannle. Edited, with an English Translation, from the unpublished manuscript in the Advocates' Library. The Diaries or Account Books of Sir John Foulis of Ravelston, (1679-1 707), and the Account Book of Dame Hannah Erskine (1675-1699). Edited by the Rev. A. W. Cornelius Hallen. Papers relating to the Military Government of Scotland, and the Correspondence of Robert Lilburne and General Monk, from 1653 to 1658. Edited by C. H. Firth. A Selection of the Forfeited Estate Papers preserved in H.M. General Register House. Continuation of the Records of the Commissions of the General Assemblies, 1648-1662. In contemplation. Diary of Col. the Hon. John Erskine of Carnock, 1680. From a ms. in possession of Henry David Erskine, Esq., of Cardross. Albemarle Papers, 1746. 1 DA ? S? Sco *tish history society, •S25 Publications, v. '/ Bapst Library Boston College Chestnut Hill, Mass. 02167